the new cheaters forgeries, detected, disclaimed; by will. prynne esq; a bencher of lincolns inne. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91226 of text r203301 in the english short title catalog (thomason 669.f.21[42]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91226 wing p4015 thomason 669.f.21[42] estc r203301 99863290 99863290 115482 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91226) transcribed from: (early english books online ; image set 115482) images scanned from microfilm: (thomason tracts ; 247:669f21[42]) the new cheaters forgeries, detected, disclaimed; by will. prynne esq; a bencher of lincolns inne. prynne, william, 1600-1669. 1 sheet ([1] p.) printed for edward thomas at the adam and eve in little brittain, london : 1659. a repudiation of various pamphlets published under prynne's name or initials, but not written by him, and in particular of "one sheet, or if you will a winding sheet for the good old cause" by w.p., and "mola asinaria", actually written by samuel butler. annotation on thomason copy: "may 31". reproduction of the original in the british library. eng w. p. -one sheet, or if you will a winding sheet for the good old cause -early works to 1800. butler, samuel, 1612-1680. -mola asinaria -early works to 1800. prynne, william, 1600-1669 -early works to 1800. forgery -england -early works to 1800. a91226 r203301 (thomason 669.f.21[42]). civilwar no the new cheaters forgeries, detected, disclaimed; by will. prynne esq; a bencher of lincolns inne. prynne, william 1659 644 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-06 tcp assigned for keying and markup 2007-06 aptara keyed and coded from proquest page images 2007-08 robyn anspach sampled and proofread 2007-08 robyn anspach text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the new cheaters forgeries , detected , disclaimed ; by will . prynne esq ; a bencher of lincolns inne . whereas not only one walker , bates , and others heretofore , for their own privat lucre , have printed sundry illiterate pamphlets in my name , to cheat the people , but likewise one chapman in popes-head alley ( as i am credibly informed by those who will prove it ) on the 30. of this instant may hath printed and dispersed a paper , intituled , [ a sheet , or if you will , a winding sheet for the good old cause : by w. p. philopolites . ] prefixing the letters of my name before it , as penned by me , and on this 31. of may , hath printed and published another sheet , stiled [ mola asinaria : or , the vnreasonable and vnsupportable burthen now press'd upon the shoulders of this groaning nation , &c. ] by william prynne , bencher of lincolns inne . printing my name thus at large not only in the title , but in the contexture it self , insinuating it to be penned by me , on purpose to cheat the people of their monies ; and make me the father of these bastards , ( through the stationers knavery ) which the true fathers need not be ashamed to own publickly by name , being ingenuous well-penned pieces . to prevent all future frauds of this nature ( especially in pamphlets declaiming against publike cheats , ) i held it my duty openly to detect and disclaim these two , in print before all the world ; having no hand at all in the conception , generation , or production of either of these pamphlets directly or indirectly , whose compilers are altogether unknown to me . and i shall desire all stationers , printers henceforth to take notice ; that their thrusting out books in other mens names to pick peoples purses , is a counterfeiting of letters in other mens names falsly and deceitfully to get mony from other persons , within the stat. of 33h 8. c. 1. punishable by imprisonment , pillory , and all other corporal pains , except death : which law i intend to prosecute against them , if they shall henceforth abuse me , and the people in this kinde . as for the scurrillous rayling , nameless , empty abusive printed libels and papers formerly and lately published against me ; i look upon them onely with contempt , as the braying of illiterate asses , who can neither contradict nor refute my writings for the publike good and safety : and value them no more , than the barking of mangie doggs against the moonshine : having treasured up this soveraign antidote of my saviours own composition , in my breast many years since , against the venom of all false viperous tongues or pens , luke 6. 22 , 23. blessed are ye when men shall hate you , and seperate you from their company , and cast out your name as evil , for the sonne of mans sake : rejoyce and leap for joy , for great is your reward in heaven , for so did your fathers unto the prophets . a wise heathen could say , regium est male audire cum bene feceris ; much more a magnanimous christian . the best refutation of raylings , is contempt ; spreta exolescunt . in testimony of the premises , i thought necessary to subscribe and publish them under my own hand and name . from my chamber at lincolns inne 31 may 1659. william prynne . london , printed for edward thomas at the adam and eve in little brittain , 1659. scotlands publick acknowledgement of gods just judgement upon their nation for their frequent breach of faith, leagues, and solemne oathes made to their neighbours of england, in former ages, to gratifie their treacherous confederates of france. recorded in their own publick liturgie, printed at edenborough by thomas bassandine, anno. dom. 1575, page 54, 57, 58, und this title, prayers used in the churches of scotland in the time of their persecution by the frenchmen (in the year 1560) from whose tyranny and vassalage, they were then delivered by the free brotherly assistance and forces of the english, to whom they had been formerly persidious. published to prevent the like breach of solemn leagues, oaths, and covenants between both nations now (for fear of incurring the like, or a worse judgement,) by a well-wisher to both kingdomes. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91260 of text r210628 in the english short title catalog (thomason 669.f.10[90]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91260 wing p4060 thomason 669.f.10[90] estc r210628 99869408 99869408 162623 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91260) transcribed from: (early english books online ; image set 162623) images scanned from microfilm: (thomason tracts ; 246:669f10[90]) scotlands publick acknowledgement of gods just judgement upon their nation for their frequent breach of faith, leagues, and solemne oathes made to their neighbours of england, in former ages, to gratifie their treacherous confederates of france. recorded in their own publick liturgie, printed at edenborough by thomas bassandine, anno. dom. 1575, page 54, 57, 58, und this title, prayers used in the churches of scotland in the time of their persecution by the frenchmen (in the year 1560) from whose tyranny and vassalage, they were then delivered by the free brotherly assistance and forces of the english, to whom they had been formerly persidious. published to prevent the like breach of solemn leagues, oaths, and covenants between both nations now (for fear of incurring the like, or a worse judgement,) by a well-wisher to both kingdomes. prynne, william, 1600-1669. 1 sheet ([1] p.) for m.s., printed at london : 1646. a well-wisher to both kingdomes = william prynne. annotation on thomason copy: "[illegible] th". reproduction of the original in the british library. eng england -foreign relations -scotland -early works to 1800. scotland -foreign relations -england -early works to 1800. a91260 r210628 (thomason 669.f.10[90]). civilwar no scotlands publick acknowledgement of gods just judgement upon their nation for their frequent breach of faith, leagues, and solemne oathes m prynne, william 1646 705 4 0 0 0 0 0 57 d the rate of 57 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-07 tcp assigned for keying and markup 2007-07 aptara keyed and coded from proquest page images 2007-08 pip willcox sampled and proofread 2007-08 pip willcox text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion scotlands publick acknowledgement of gods just judgement upon their nation for their frequent breach of faith , leagves , and solemne oathes made to their neighbours of england , in former ages , to gratifie their treacherous confederates of france . recorded in their own publick liturgie , printed at edenborough by thomas bassandine , anno dom. 1575 page 54. 57. 58. under this title , prayers used in the churches of scotland in the time of their persecution by the french-men ( in the year 1560. ) from whose tyranny and vassalage , they were then delivered by the free brotherly assistance and forces of the english , to whom they had been formerly so perfidious . published to prevent the like breach of solemn leagues , oaths , and covenants between both nations now ( for fear of of incurring the like , or a worse judgement , ) by a well-wisher to both kingdomes . but now , o lord , the dangers which appeare , and the trouble which increaseth , by cruell tyranny of forsworne strangers , compelleth us to complain before the throne of thy mercy , and to crave of thee protection and defence against their most unjust persecution . that nation , o lord , for whose pleasure , and defence of whom , we have offended thy majesty , and violated our faith , * oft breaking the leagues of unity , and concord which our kings and governours have contracted with our * neighbours , that nation , o lord , for whose alliance our fathers and predecessours have shed their blood , and we ( whom now by tyranny they oppresse ) have oft sustained the hazard of battaile , that nation finally , to whom alwaies we have been faithful , now after then long practised deceit , by manifest tyranny doe seek our destruction : worthily and justly may thou , o lord , give us to be slaves unto such tyrants ; because , for the maintenance of their friendship , wee have not feared to break ovr solemn oathes , made unto others , to the great dis-honour of thine holy name ; and therefore justly mayest thou punish us by the same nation , for whose pleasure we feared not to offend thy divine majesty . in thy presence , o lord , we lay for our selves no kinde of excuse , but for thy deare sonne jesus christ his sake , we cry for mercy , pardon , and grace ; thou knowest , o lord , that their crafty wits in many things have abused our simplicity : for , under pretence of the maintenance of our liberty , they have sought , and have found the way ( unlesse thou alone confound their councells ) to bring us in their perpetuall bondage , &c. this text needs no commentary : the summe of it is : nationall perjury will certainly 〈◊〉 punished with nationall misery ; and those who break their solemn oathes , and leagues wi●● their neighbour brethren , to gratifie any other nation or party , shall by divine justice bee betraed , enslaved , or endangered to be destroyed by that very nation and party , for whose ends they th●● violated their oathes and covenants . a strong engagement both to our brethren of scotland and us , to take heed of covenant breaking one with another , least thereby we expose our selves to heavens vengeance , and to th●tyranny and slavery of the common enemy . amos 1. 9. 10. thus saith the lord ; for three transgressions of tyrus , and for foure , i will not turn away the punishment thereof , 〈◊〉 they delivered up the whole captivity to edom , and remembred not the brother● covenant . therefore will i send a fire on the wall of tyrus , which shall devoure the palaces thereof . printed at london for m. s. 1646. notes, typically marginal, from the original text notes for div a91260e-30 * see tho. walsingham , hist. ang. an. 1383 p. 133. & antiquitates , eccles. brit. p. 295. 296. * to wit , of england . note . a terrible out-cry against the loytering exalted prelates shewing the danger, and unfitnesse of conferring them in any temporall office or dignity : wherein the devill is proved to be a more diligent prelate, then any of our english bishops are, leaving them to the consideration of the kings majestie, and the high court of parliament / by mr. prinne, a faithful witnesse of jesus christ, and a sufferer under them. walker, henry, ironmonger. this text is an enriched version of the tcp digital transcription a67243 of text r7237 in the english short title catalog (wing w389). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 9 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a67243 wing w389 estc r7237 12380023 ocm 12380023 60730 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a67243) transcribed from: (early english books online ; image set 60730) images scanned from microfilm: (early english books, 1641-1700 ; 649:13) a terrible out-cry against the loytering exalted prelates shewing the danger, and unfitnesse of conferring them in any temporall office or dignity : wherein the devill is proved to be a more diligent prelate, then any of our english bishops are, leaving them to the consideration of the kings majestie, and the high court of parliament / by mr. prinne, a faithful witnesse of jesus christ, and a sufferer under them. walker, henry, ironmonger. prynne, william, 1600-1669. [2], 6 p. : port. printed for richard smethrust, london : 1641. although prynne's name appears on the title page, this pamphlet was written by henry walker. reproduction of original in bodleian library. eng church of england -bishops -temporal power. a67243 r7237 (wing w389). civilwar no a terrible out-cry against the loytering exalted prelates: shewing the danger, and unfitnesse of conferring them in any temporall office or walker, henry, ironmonger 1641 1555 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2002-03 tcp assigned for keying and markup 2002-05 aptara keyed and coded from proquest page images 2002-06 emma (leeson) huber sampled and proofread 2002-06 emma (leeson) huber text and markup reviewed and edited 2002-07 pfs batch review (qc) and xml conversion a terrible out-cry against the loytering exalted prelates : shewing the danger , and unfitnesse of conferring them in any temporall office or dignity . wherein the devill is proved to be a more diligent prelate , then any of our english bishops are , leaving them to the consideration of the kings majestie , and the high court of parliament . by mr. prinne , a faithfull witnesse of iesus christ , and a sufferer under them . london : printed for richard smethrust . 1641. a terrible ovt-cry against the bishops . this hath been one great abuse in england these many yeers , that such offices as have been of most importance , and weight , have commonly been committed to bishops and other spirituall men ; whereby their devillish mischiefs , and inconveniences have hapned in this realme , to the great dishonour of god , and utter neglect of the flock of christ , the which three be these . 1. they have had small leasure to attend to their pastorall cures , which thereby have been utterly neglected , and left undone . 2. it hath also puft up many bishops , and other spirituall persons in such haughtinesse , and pride , that they have thought no nobleman in the realm worthy to be their equall , and fellow ; ( whence hall in his chronicle observes , 22. h. 8. fol. 184. ) that the authority of cardinall woolsey , set the clergie in such a pride , that they disdained all men , wherefore when he was fallen , they followed after . 3. where they by this means , knew the very secrets of princes , they ( being in such high offices ) have caused the same to be known in rome before the king could accomplish and bring his intents to passe in england . by this means hath the papacie been so maintained , and things ordered after their wills , and pleasures , that much mischief hath happened in this realm , and others , sometime the destruction of princes , and sometime to the utter undoing of many common-wealths . mr. hooper , both a bishop and a martyr of our church , delivers his judgement of the point , in these ensuing termes : upon the 8. commandment page 78. for the space of 400. yeers after christ , ( saith he ) the bishops applyed all their wit onely to their own vocation ; to the glory of god , and the honour of the realm they dwelt in ; though they had not so much upon their heads , as our bishops have , yet had they more within their heads , and the scriptures and histories testifie . for they applied all the will they had , unto the vocation and ministery of the church whereunto they were called . but our bishops have so much wit , that they can rule , and serve ( as they say ) in both states , in the church , and also in the civill policie , when one of them is more then any man is able to satisfie , let him do alwayes his best diligence . if he be so necessarie for the court , that in civill causes he can not be spared , let him use that vocation , and spare the other . it is not possible he should do both well . it is a great over-sight with princes , thus to charge them with two burthens . the primitive church had no such bishops as we . they had such bishops as did preach many godly sermons in lesse time , then our bishops horses be a bridling . if it be so now , let every man judge . if the fourth part of the bishoprick remained to the bishop , it were sufficient , the third part to school-masters , the second to poore , and souldiers were better bestowed . if any be offended with me for this my saying , he loveth not his own health , nor gods laws , nor mans . see bucer , de regno christi , li. 2. ca. 12. and in his apologie he saith : it is both against gods laws , and mans , that bishops and clergie should be judges over any subjects within this realm , for it is no part of their office . who would put a sword in a mad mans hand ? thus the good prelate mr. latymer , who gave over his bishoprick out of conscience , ( as saxton bishop of salisbury likewise did ) and skipped for joy , being divested of his bishop-like habite , because he felt his shoulders so light , and was discharged of so heavie a burthen . how many such prelates have we now in england ? but now for the fault of unpreaching prelates , me thinks i could guesse what might be said for excusing of them . they are so troubled with lordly living , they be so placed in palaces , couched in courts , ruffling in their rents , daunting in their dominions , burdened with embassages , pampring of their panches , like a monke that maketh his jubilie , munching in their mangers , and moyling in their gay manours , and mansions , and so troubled with loytring in their lordships , that they cannot attend it . they are otherwise occupied , some in kings matters , some are ambassadours , some of the privy councell , some furnish the court , some are lords of parliament , some are presidents , and controulers of mints . well , well , is this their dutie ? is this their calling ? are these meet offices for priests ? is it a meet office for a minister of gods word to be controuler of mints ? is this his charge ? who controuls the devill in his parish , while he controuls the mint ? as paul said to the corinths , 1. corinth . 6. is there not among you a wise man , &c. so say i to england , is there never a nobleman to be a lord president , what a shame is this ? must it needs be a prelate ? is there never a wise man in the realm to be a controuler of the mint ? i speak it to your shame , if there be never a wise man , make a water-bearer , a tinker , a cobler , a page to be in that office . make a mean gentleman , a groome , a yeoman , make a poore begger lord president . the king hath a great many wards ; and there is a court of wards , why is there not a schoole for those wards ? why are they not set to schoole where they may learne , that they may serve the king when they come to age ; but there is noblemen enough for these offices . and now i would aske a strange question , who is the most diligent bishop and prelate in all england , that passeth all the rest in doing his office ? i can tell who it is . but now me thinks , i see you listning , hearkning that i should name him , will you know who it is ? i will tell you : it is the devill : he is never out of his diocesse , he is never from his cure , he is ever in his parish : no lording , no loytring can hinder him ; ye can never finde him idle i warrant you : and among all the pack of them that have curates , the devill shall go for my money . oh all ye unpreaching prelates , learne of the devill , if you will not learn of god ; he will give you an example of diligence in your office . verses written by our renowned poet , sir geffry chaucer many yeers ago , authorised to be printed by act of parliament , in the 34. and 35. h. 8. c. 1. the emperour yafe the pope some time , so high lordship him about , that at last the sely ryme , the proud pope put him out . soe of this realme is in doubt , but lords beware , and them defend , for now these folk bene wondrous stout , moses law forbad it tho , that priests should no lordships weld christs gospel biddeth also that they should no lordships held , ne christs apostles were never so bold no such lordships to them embrace , but smeren her sheepe , and keep her fold , god amend hem for his grace , &c. learne to be diligent for shame , ye prelates ; but god be thanked , there is good hopes ; that the king and parliament will order you , which that they may , god grant . amen . finis . a plea for sr george booth, and the cheshire gentlemen briefly stated in a letter to sir arthur hesillrigge. / by an unbiassed friend of truth and peace. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91242 of text r211477 in the english short title catalog (thomason 669.f.23[1]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 9 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91242 wing p4031 thomason 669.f.23[1] estc r211477 99870201 99870201 163657 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91242) transcribed from: (early english books online ; image set 163657) images scanned from microfilm: (thomason tracts ; 247:669f23[1]) a plea for sr george booth, and the cheshire gentlemen briefly stated in a letter to sir arthur hesillrigge. / by an unbiassed friend of truth and peace. prynne, william, 1600-1669. hesilrige, arthur, sir, d. 1661. 1 sheet ([1] p.) s.n., [london : 1660] signed at end: w.p., i.e., william prynne. imprint from wing. sr george booth = george booth, baron delamer. annotation on thomason copy: "jan: 19. 1659."; "honest" before 'w.p.'; "rin" following 'w.p.' reproduction of the original in the british library. eng delamer, george booth, -baron, 1622-1684 -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. a91242 r211477 (thomason 669.f.23[1]). civilwar no a plea for sr george booth, and the cheshire gentlemen. briefly stated in a letter to sir arthur hesillrigge. by an unbiassed friend of trut prynne, william 1660 1505 2 0 0 0 0 0 13 c the rate of 13 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-07 tcp assigned for keying and markup 2007-08 apex covantage keyed and coded from proquest page images 2009-01 judith siefring sampled and proofread 2009-01 judith siefring text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion a plea for sr george booth , and the cheshire gentlemen . briefly stated in a letter to sir arthvr hesillrigge . by an unbiassed friend of truth and peace . sir , to drive furiously without fear or wit will never render you a good statesman , and partially to distribut● your acts of justice and of mercy cannot recommend you to the world as a good christian : if in both you would approve your self , you ought seriously to weigh , and as one saith , deliberately taste your words and designes before you can digest and prepare them for action . and to let you know that the countrey hath observed your precipitation in the one , and partiality in the other ; these lines do now salute you . the act of indemnity to the officers of the army , and your rigorous proceeding with sir george booth , and his party , do most visibly demonstrate , that you and your fellow-members , have banished all thoughts of justice or consideration in all your resolutions ; and how you will answer it , either at the court of heaven , or of the next ensuing parliament , is past my weak imaginations to conceive ; and therefore give me leave ( according to my usuall plaineness ) to present you with my thoughts , in relation to this so unparalleld diversity of your proceedings . and in the first place let me reflect upon sir george booth and his party , and in your language admit them rebels against you ; and were not fleetwood , lambert , desborough , and the rest of the army officers so too ? and what logical or rational statesman can include those within the predicament of passion , and exclude these ? 't is said that the fear of them , was the over-hasty wombe , that gave birth unto their indemnity , and therefore your power over the other hath made you so severe against them ; but how unsuitable is this to a true roman spirit , which delights to make chaines and fetters , rather then open and unconquered rebellion , the subject of its mercy . this is the effect of a timorous cowardly soul , the other the most certain product of every truly generous and noble nature . but all this i hint supposing the equality of their crimes , then which nothing can be a more gross and palpable mistake ; wherefore sir if you would deliberate upon these two actions in their authours , and in their ends , and in the circumstances of both , you will finde the one a gnat , the other a camel , and how you should swallow this and stumble at that , i know no reason , unlesse it be that of our saviours to the pharisees . however now let 's compare them , and take a short view of their differences . sir george booth and his party but endeavoured and affected to fill up your house with its own ( supposed most legal ) members ; the army-officers have attempted and effected the subversion of you ; or if you will , the one would destroy the part of the body to preserve the major part sound , the other would destroy the part , that we should never hereafter have a whole or part of a parliament ; the one would have perfected you , and made you compleat in all your integrall parts , the other would not have the least part of a parliament : in a word , one would have a parliament but not the minor part thereof , the other ( from their hatred of the peoples power ) abhorred the very name of both ; the one were acted by their oathes and covenants to assert , and defend the freedome and priviledges of parliaments ; and so their actions may seem to be at most the result of an erring conscience ; the other had no visible impulsive cause , but their own boundless ambition , and insatiable lust after domination ; the one would have defended and confirmed , the other would have confounded and subverted all our laws , liberties , and religion ; the one were gentlemen of ancient and considerable families , and could not better themselves by a warre ; the other upstarted mushroms , and could not have risen but by a warre ; the estates of the one are the bitter-sweet fruites of cruelty and bloud ; the lands of the other the gifts of peaceable laws and justice ; the one you had provoked by a forcible secluding their members from their priviledges in parliament , the other ( after your resurrection in may last ) you had lately pardoned and after preferred ; these were your slaves and servants , commissionated by your authority , paid by your treasuries , and therefore obliged at all times , both day and night to be at your absolute command and obedience , the other free from all such severe obligation , and strict inducements to subjection ; the one did rise 150 miles distant from you , hoping that you would consider of a mediation , by a present restoring of them to their most undoubted rights in parliament , and so have prevented any further mischief ; but the other immediately flew at your very faces , and had the confidence of some saucy and rebellious servants , to take you by the head or throat , and most insolently drag'd you out of your own house , and shut your own doores against you , their soveraigne lords and masters : lastly , the one were and ( i dare say ) still are most universally beloved and esteemed the true ( though unfortunate ) patriots , of their countries , laws , and liberties ; the other the very butt or mark against which all true english men do direct and level the arrowes of their hatred and most just deserved indignation . sir , weigh seriously all these but hinted considerations , and inlarge them in your own more judicious thoughts ; and then let me ask you , whether any prudence , reason , or conscience , can honourably perswade you , to affront the whole interest of this english nation , by ruining their friends and pardoning their enemies : and how shall the people believe , that you will ever trust the governement in them by succeeding parliaments , if thus you heighten and inrage their spirits against you . sir , be you confident that never any kept his interest from sinking by swimming against the streame ; nor was there any that advantag'd himself by a diametricall opposition to the generall humour or genious of the people : and therefore it hath been the prudence of antiquity , even in full parliaments themselves , to sedate and compose the spirits of the nation , rather by a favourable compliance with them , then by an express and open contradiction unto them : hence it is you have a parliament roll stiled rotulum contrarientium , the reason whereof was , because thomas earl of lancaster ( a man singularly beloved ) taking part with the barons against king edward the second , in hatred of the spencers : it was not thought safe for the king , in respect of their power and interest in the affections of the people , to name them rebels and traitors but contrarientes . true it is , he that despiseth the peoples power knowes not his own weakness , and therefore by the neglect of the one and ignorance of the other , suddenly makes himself obnoxious to the miseries of a popular rage and confusion . to conclude then , if it be impossible to have any succeeding parliaments ( though the royalist be excluded therefrom ) that will approve and confirme this your late act concerning sir george booth and his party ( the possibility or impossibility whereof i leave to your own thoughts . ) is it not prudence to look before you leap ? and to ground your actions upon the popular interest , and not upon any particular faction ; which ( like an ignis fatuus ) the contrary windes of private parties , will easily tumble and tosse with a perpetual agitation and inconstancy : whereas the brightnesse of a true publick interest , will keep its native splendour and glory , maugre all those clouds and storms of opposition , which the blustering spirits of private and partiall concernments can raise either to eclipse or weaken it ; the undoubted experience whereof , the revolution of a few monthes , will i hope demonstrate unto as well your self as unto your humble servant w. ● . seasonable and healing instructions, humbly tendered to the freeholders, citizens and burgesses of the respective counties, cities and boroughs of england and wales, to be seriously recommended by them to their respective knights, citizens and burgesses, elected and to be elected for the next parliament. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91262 of text r211738 in the english short title catalog (wing p4061). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 10 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91262 wing p4061 estc r211738 43078122 ocm 43078122 151655 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91262) transcribed from: (early english books online ; image set 151655) images scanned from microfilm: (early english books, 1641-1700 ; 2270:2) seasonable and healing instructions, humbly tendered to the freeholders, citizens and burgesses of the respective counties, cities and boroughs of england and wales, to be seriously recommended by them to their respective knights, citizens and burgesses, elected and to be elected for the next parliament. prynne, william, 1600-1669. 1 sheet ([1] p.) s.n.. [london : 1660] attributed to william prynne by wing. publication information suggested by wing. reproduction of original in: lincoln's inn library, london, england. eng great britain -politics and government -1649-1660 -sources. broadsides -london (england) -17th century. a91262 r211738 (wing p4061). civilwar no seasonable and healing instructions, humbly tendered to the freeholders, citizens and burgesses, of the respective counties, cities and boro prynne, william 1660 1507 7 0 0 0 0 0 46 d the rate of 46 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-07 tcp assigned for keying and markup 2007-08 aptara keyed and coded from proquest page images 2009-01 emma (leeson) huber sampled and proofread 2009-01 emma (leeson) huber text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion seasonable and healing instructions , humbly tendered to the freeholers , citizens and burgesses , of the respective counties , cities and boroughs of england and wales , to be seriously recommended by them , to their respective knights , citizens and burgesses , elected and to be elected for the next parliament . we the freeholders , citizens , burgesses , commons and freemen of the respective counties , cities , and boroughs of england and wales , taking into our serious considerations the many late various forms and revolutions of our publick government , with the miserable distractions and oppressions of our ruinated churches and realms since the violent changes of our antient established kingly government , and constitution of parliaments , consisting of king , lords , and commons , by whose united counsels and interests we were happily secured against all treacherous plots and conspiracies of forein enemies , and pernicious domestick vipers , and advanced to the highest degree of worldly peace , prosperity , and felicity . and finding by above eleven years sad experience , that there is neither hope nor probability of restoring our 3. shipwrack'd nations to their pristine tranquillity , unity , wealth , honour , traffick , security , but by a speedy restitution of our antient form of parliaments , and publick regal government ; and with all observing , that in the writs of summons now issued for a parliament to be held at westminster , on the 25th . day of april next , there is no known single chief governour , nor yet any real commissioners nominated , ( but only fictitious utopian keepers of the liberties of england ) with whom the members appearing in parliament can neither conferr nor consult , concerning the difficult and urgent affairs either of the realm or church of england ; and that all the lords and great men of the realm ( the antientest hereditary members of parliament , the grand councellors of the kingdom , and chiefest assertors of our liberties in all precedent times ) are totally omitted out of these new forms of writs , and all clauses in them , contrary to all former presidents , without whose concurrent advice and assistance with the commons house in this approaching parliament , no firm peace or settlement can probably be expected , a full and free english parliament , ( from which no legal members , much lesse the whole englsh peerage and nobility ought to be excluded , being the principal thing the generality of this nation lately petitioned and declared for , as the only instrument under god to compose all differences and dissenting parties , and put a happy period to our manifold long-lasting distractions and confusions : have thereupon apprehended it our bounden duty , seriously to recommend these ensuing instructions to our respective knights , citizens , and burgesses elected , and to be elected and returned by us for our representatives and trustees in this approaching parliament ; who receiving full and sufficient power for themselves , and the respective commonalties of the said counties , cities and boroughs from the said commonalties alone who elect them , to do and consent to all such things as shall be ordained by common council of the realm in the said parliament , in their rights and behalfs , are thereby obliged in point of duty and conscience as their publick servants and proxies , vigorously to pursue all such just prescriptions for the common welfare and establishment of our native country , as they shall present unto them . we therefore eanestly desire and require them in pursuance of the trust reposed by us in them , to improve their uttermost endeavours and counsels , ( there being no particulars prescribed to them in the writs themselves , as heretofore ) to effect these few individuels . 1. to restore the antient constitution , rights , privileges and freedom of our english parliaments , their respective houses and members , and to preserve them from all future mutulations and violations by armed force or otherwise , that so they may by free un-interrupted and combined counsels proceed to the speedy settlement of our distracted churches and nations , without any diversions or obstructions by souldiers or popular tumults . 2. to re-establish the antient fundamental regal government of this kingdom , and the dominions thereunto belonging ( under which we and our ancestors in former ages have flourished in great peace and prosperity ) according to our known laws , oaths , protestations , covenants , and multiplyed declarations , and secure it against all future underminings and powder-plots of jesuitical and fanatick conspirators . 3. to revive and ratifie the miserably subverted and violated great charters , fundamental laws and statutes of the land , made for the preservation of the persons , lives , liberties , free-holds , estates and properties of all english freemen , against all arbitrary and tyrannycal judicatures , high courts of iustice , proceedings , tryals , executions , iudgements , banishments , imprisonments , confinements , confiscations , forfeitures , attainders , outlawries , sequestrations , illegal taxes , impositions , excises , and publick charges whatsoever , not granted by common-consent in parliament , and to prevent all future contempts and violations of them , after so vast expences of treasure and bloud for their just defence . 4. to establish an able , learned , orthodox ministry , and just and righteous magistracy throughout our dominions , and to take special care that the gospel of christ may be duly and sincerely preached , propagated , the sacraments and publike justice freely and rightly administred in all places , without neglect or obstruction , to the consolation , protection of all good christians , and well-doers , and the terror and suppression of all malefactors . 5. to advance all sorts of trade , merchandize , and navigation , by diminishing all excessive customs , excises , imposts at home , by making peace and holding good correspondence with all forein kings and nations abroad , and using all other good means conducing thereunto . 6. to redresse all publick grievances , oppressions , frauds , and misdemeanours ; to diminish , retrench and regulate all exorbitant taxes , excises , imposts , fees , extortions , salaries and superfluous forces , garrisons , officers , ( civil or military ) by land and sea . 7. to procure a speedy , honorable , safe , christian treaty and accord with our long exiled protestant king , and royal posterity , upon moderate , just , righteous terms and propositions on either side , whereby the bleeding protestant cause and religion , ( much endangered in all places ) may be promoted and secured , the plots of popish enemies to extirpate them prevented ; the peace , government , laws and liberties of our kingdoms , restored , preserved , and perpetuated to posterity ; the just publick debts of the nation and souldiers arrears discharged ; a general act of indempnity ▪ pardon and oblivion for all sorts of persons justly capable thereof , procured ; all former injuries , feuds , animosities totally extinguished , and all just sales of justly confiscated estates , made without fraud , govin , practice or duresses for valuable considerations , confirmed or recompenced ; that so all parties and interests being perfectly reconciled , may henceforth studiously endeavour to keep the unity of the spirit in the bond of peace , and to live peaceable and quiet lives under their lawfull kings and governours in all godlinesse and honesty ; being * all members of one and the same mystical politick body , having all one spiritual and temporal lord ▪ one faith , one baptism , and one god , and father ; which should both perswade and oblige them to put away all bittern●sse , wrath ▪ anger , ●lamour , evil speaking , and all malice , and to be kind one to another , tender hearted , forgiving one another , even as god for christs sake hath forgiven them , forbearing one another in love . but if we still proceed to * bite and devour one another , ( as we have done for many years by-past ) we shall sodenly be consumed one of another , and made a prey to our common enemies , which the accomplishment of these instructions by gods blessing , and the parliaments wisedom , will prevent , and make us once more the glory and lady of all christian kingdoms , as we are now their reproach . finis . notes, typically marginal, from the original text notes for div a91262e-30 * ephes. 4. 2 , 3 ▪ 4 , 5 , 6. 17 , 18. * 1 tim. 2. 〈…〉 gal. 5. 15. twelve queries of publick concernment humbly submitted to the serious consideration of the great councell of the kingdome. by a cordiall well-wisher to its proceedings. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91311 of text r205647 in the english short title catalog (thomason e514_2). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 12 kb of xml-encoded text transcribed from 3 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91311 wing p4117 thomason e514_2 estc r205647 99864966 99864966 164356 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91311) transcribed from: (early english books online ; image set 164356) images scanned from microfilm: (thomason tracts ; 80:e514[2]) twelve queries of publick concernment humbly submitted to the serious consideration of the great councell of the kingdome. by a cordiall well-wisher to its proceedings. prynne, william, 1600-1669. 4 p. printed by j.m. for m. spark at the bible in green arbour, london : mdcxlvii. [1647] caption title. imprint from colophon. a cordiall well-wisher to its proceedings = william prynne. annotation on thomason copy: "aprill 30 1647"; "mr. prin". reproduction of the original in the british library. eng great britain -history -civil war, 1642-1649 -pamphlets. a91311 r205647 (thomason e514_2). civilwar no twelve queries of publick concernment: humbly submitted to the serious consideration of the great councell of the kingdome. by a cordiall w prynne, william 1647 2163 1 0 0 0 0 0 5 b the rate of 5 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2007-07 tcp assigned for keying and markup 2007-08 apex covantage keyed and coded from proquest page images 2009-01 judith siefring sampled and proofread 2009-01 judith siefring text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion twelve qveries of publick concernment humbly submitted to the serious consideration of the great councell of the kingdome . by a cordiall well-wisher to its proceedings . 1. whether it be not a work of extraordinary necessity and benefit to the whole kingdom , to abolish and reform all unnecessary delayes by protections , essoynes , frivilous pleas , demurrers , general writs of error , motions in arrest of judgment after verdicts upon full evidence , injunctions in chancery , and the like , in suits and proceedings at the common law ; and to take away all arrests and reversals of judgments after verdict for any defect of form , or meer misprisions or neglects of clerks , attorneys , councel , and the like , which the client could not prevent ? whether it be not requisite to take away the allowance of clergy in all cases of felony , since bishops are abolished ? it being a meer relique of popery , allowed only to men , not women , though guilty of the same offence ; and a badge of great injustice , to condemn and execute one felon , only because he cannot read , and save another guilty of the same offence at the self-same time , only because he can read his neck-verse , or the ordinary ( against truth and conscience ) affirm to the judge , legit vt clericus : whereas in reason , he that can read , deserves rather of the two to dye , because he is more learned , and so more capable of instruction , then he that cannot read at all . and whether it be not just , equitable , and beneficial to the republick to make intailed lands liable to just debts , statutes , and judgments , as well as fee-simple or chattle leases ? and to bring gentlemen and others that are no merchants or tradesmen , who lie in prison or obscure themselves refusing to pay or compound their just debts , within all the statutes of bankrupts , as well as those who live by buying and selling ? 2. whether the speedy regulation and settlement of the jurisdiction of all courts of justice civill and ecclesiasticall , and of the exorbitant fees of all clerks and officers in them , and in both houses and all committees of parliament ; and the rectifying of all extortions and abuses in common goales and prisons , much complained of , be not a thing of such present publike necessity and utility , as admits no longer delay , and deserves the parliaments speedy consideration ? and whether it wil not be an excellent ready means to reform abuses of common goals and prisons , to make them all houses of correction and common-work-houses , where all felons and criminall persons of ordinary quality shall be enforced to work for their living during their imprisonment , and receive due correction in case of refusall , to keep them from idleness and other vices ; and to provide preachers to instruct them there ? 3. whether a new coronation oath , with some effectual clauses to secure the subjects liberties against the invasions of pretended royall prerogatives , be not simply necessary for our future security ; the old oath having been altered in some materiall things ? and whether an oath enjoyned by the houses to all their members , in all publike and private causes that come before them in the house or at committees , to proceed and vote according to the merits and justice of the cause , and the best advantage of the commonwealth , to the best of their skill and judgement , without any fear , favour , hatred , affection or partiality ; would not give much satisfaction to the people , and prevent all scandals and jealosies of partiality and affection under which some members and committees may else sometimes chance to suffer ? 4. whether it would not be an act of noble justice and equity , for the parliament to take some speedy course to satisfie the just debts of such wel-affected persons , ( who are now fallen into great necessity , and ready to perish for want ) freely lent long since upon the publike faith , before they satisfie arrears or pay debts to any members or officers , who are in no such present necessity , and have gained much by the wars ; since many of the richer sort are to be satisfied their publike faith , out of the excise and sale of bishops lands ? 5. whether the speedy suppression of al standing country committees & their troops ( against whom there are many grievous complaints ) erected onely in case of necessity , be not absolutely needfull , both for the peoples ease and contentment , the expediting of the accounts of the kingdome , the reducing all things to the ancient course of justice , the preservation of the remaining breeds of cattle , sheep , horses , and stocks of the kingdome , almost destroyed by them and their agents , the true cause of their present dearth ? and whether it be not worth the inquiry , who and what are the reall causes they are still supported , continued , after so many complaints , motions , votes , and ordinances drawn in both houses to abolish them ? 6. whether it be not worthy the parliaments present examination , how many companies of horse & foot designed for ireland , have for many moneths taken free quarter on the country , contrary to ordinances , without any order as yet for their transportation ; and who have been the causes of this great abuse , that they may be exemplarily punished ? whether many irish rebels and cavaleers under a pretext of going for ireland , have not listed and kept themselves in companies , taken free quarter , levyed taxes , and committed many unsufferable robberies , out-rages in divers counties , to the great scandall of the parliament , the intollerable oppression and discontenting of the people , without any orders but their own ? and whether such ( if not speedily disbanded and exemplarily censured ) may not raise up new commotions in the kingdome , by joyning with the malignant partie , and other disbanded male-contents ; or else mutiny the people against the parliament by their exorbitances ? 7. whether it be good husbandry or policy to imploy such commissaries or agents in the affaires of ireland now , who have defrauded the parliament in that imployment heretofore ? or to send provisions into ireland from london , norfolk , suffolk , sussex , the east & southern parts , through the narrow seas ▪ ( where pyrats oft times meet with them ) at three times the charge of fraight , ten times the hazzard , losse , length of time and inconvenience ( such provisions being for the most part spoyled , or much impaired with long lying at sea , and seldome ariving in due season ) as they might be transported from the western ports ; and in the mean time to eate out and waste all the provisions of the western counties nearest to ireland with free quarter of horse and foot , pretended for ireland , but yet not shipped thither in eight or nine moneths space ; from whence ireland and the forces there should and might receive seasonable supplys with far more speed , safety , convenience , and at much easier rates then now they do ? and whether it be not worth the inquiry , what is the true cause of such miscariages ? 8. whether it be not of absolute necessity both for the parliaments , kingdomes , countries safety , to put the orthodox conformable wellaffected party in each county ( as the militia of it ) into aspeedy posture of defence , under faithful commanders of their own chusing , first approved by the houses ; both to suppresse the present and future insolencies , mutinies of such disorderly souldiers & cavaliers , who straggle up and down refusing to disband , the over-awing of the malignant partie , and all seditious sectaries and others , who alelse may soon embroyle us in new wars ? and whether the setling of such a militia will not be a better security , and lesse charge to the kingdome then an army , or capitulating mercenary souldiers ? 9. whether the deduction of free quarter and undue taxes levyed on the country by souldiers out of their pay , will not satisfie most of their pretended arrears , if duly examined ? and since sew or no souldiers are so just or conscionable as to pay their quarters duly , when they have once their monies in their purses ; whether it be not necessary to deduct all souldiers quarters for the future out of their pay at every muster , to satisfie the counties where they billet ; and to allow them to take free quarter ( who else wil take it without allowance or payment for it ) and to disband or punish such upon complaint , who will not be contented with such ordinary quarters as the country ( in this time of dearth ) may reasonably afford them , at the rates deducted for it out of their pay ? without which course and due payment of quarters by the treasureis , out of their pay , or each counties contributions to ward the army , upon tickets , or proof of the free quarter taken upon oath before the committees of accounts in each county , the country will be totally ruined , and at last inforced ( as many fear ) to rise up in mutinies , both against the souldiers and parliament too , as unable to bear the intollerable burden of free quanter , and pay excise and taxes too , even for that the souldiers eat and drink at free cost , as they now do in many places ? 9. whether a speedy examination and exemplary punishment of all undue practises in elections already made : and an ordinance to this effect ; that all the electors of knights or burgesses for the parliament , shall immediately before their elections take an oath , without either fear , favour , or affection , to elect such persons to serve in parliament , as in their judgements & consciences are most sufficient , able and discreet to discharge that trust for the common good ; and that such who either directly or indirectly canvis or make open or private suite for any such place , shall be absolutely disabled to sit in parliament , though returned ; would not be a ready means to prevent all future complaints of undue elections , and ease the house of very much trouble and the people of long attendance and much expence , now spent about elections ; and so necessary to be ordained ? 10. whether it be not necessary or expedient to redeem all impropriations in the possession of colledges , hospitals , and free-schools , by setling demesn lands of deans and chapters of equall value on them by way of exchange ? and whether the speeding of the ordinance for surveying and returning the true yearly value of all church livings , impropriations , deans and chapters lands in every county , and for the uniting and dividing of parishes and augmenting the means of such as are incompetent upon the return thereof , will not be an effectuall means for the settlement of our church ; and the onely methodicall way to make all livings competent ? 11. whether the speedy setling of the great seal of england in able and trusty hands , the confining the chancery to its due bounds , the reducing of penall bonds to a lesse forfaiture ( as 120. l. for not payment of 100. l. at the day to prevent suits in chancery ) and filling the courts up with able judges , will not prove a great advancement of justice and benefit to the subject ? 12. whether the delayes and difference about the ordinance for oxford will not proove mischevous to the university , the whole church and kingdome , if long continued ? and whether all private differences , ends , interests , formalities , should not alwayes give way to publike accommodations and advantages , especially in parliaments ? finis . london , printed by i. m. for m. spark , at the bible in green 〈◊〉 mdcxlvii . the totall and finall demands already made by, and to be expected from, the agitators and army: vpon the concession whereof they will rest fully satisfied; and disband when they shall think seasonable, but not before in all probability. this text is an enriched version of the tcp digital transcription a91302 of text r201715 in the english short title catalog (thomason e399_9). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 14 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91302 wing p4107 thomason e399_9 estc r201715 99862214 99862214 114365 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91302) transcribed from: (early english books online ; image set 114365) images scanned from microfilm: (thomason tracts ; 63:e399[9]) the totall and finall demands already made by, and to be expected from, the agitators and army: vpon the concession whereof they will rest fully satisfied; and disband when they shall think seasonable, but not before in all probability. prynne, william, 1600-1669. 8 p. [s.n.], london, : printed in the year. 1647. sometimes attributed to william prynne. annotation on thomason copy: "july 21". reproduction of the original in the british library. eng england and wales. -army -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a91302 r201715 (thomason e399_9). civilwar no the totall and finall demands already made by, and to be expected from, the agitators and army:: vpon the concession whereof they will rest prynne, william 1647 2140 6 0 0 0 0 0 28 c the rate of 28 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 aptara keyed and coded from proquest page images 2007-04 emma (leeson) huber sampled and proofread 2007-04 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the totall and finall demands already made by , and to be expected from , the agitators and army : vpon the concession whereof they will rest fully satisfied ; and disband when they shall think seasonable , but not before in all probability . eccles. 2. 14. the wise mans eyes are in his head ; but the fool walketh in darkness . london , printed in the year . 1647. the totall and finall demands of the agitators and army : upon concession whereof they will rest fully satisfied , and disband when they shall think seasonable ; but not before , in all probability . 1. that all the * forces and militia of england , ireland , wales , and the islands thereunto belonging ; the city and tower of london , with all the towns , forts , and garrisons within england , ireland , wales , and the isles ; and the navy of the kingdom , may be immediately put into their hands and power ; not to inthral the parliament and people to their wils and tyranny , but to maintain the subjects freedom and liberties ; the kings prerogative and parliaments priviledges , in such sort , and for so long time , as they in their just discretions shal think meet : ( a demand already concluded , and in substance already propounded and granted ; ) that so the general ( only in name ) and lieutenant general , in truth , may become absolute emperors of all king charls his realms and dominions ( now captive under their soveraign power , ) til the agitators and army shal think fit to dethrone him , to set up either a new john of l●yden of their own creation , or introduce a popular tyranny , & anarchy , which suits best with their * principles , and the peoples freedom , the supream power and authority , to whom all other powers are subordinate de jure , and must be so de facto ; before this army disband ; as their papers intimate . 2. that not only the x-i. accused members , but all presbyterians and other members in both houses , opposite to the armies proceedings or designs in any particular , may be cast out of both [ as wel as all such officers cashiered the army ; ] predicted in englands birth-right , and now actually demanded in many of their printed papers , but most clearly expressed in that of 7o julii , at reading , wherein the commissioners of the army render this as a reason why they refuse to proceed in the treaty ; that notwithstanding the votes of the house of the tenth of june , and those since of the fifth of iuly , for the present purging of the house , yet divers persons comprised in these votes continue stil to sit there ; and what comfortable effect may we expect of a treaty so long as the parliament ( the supream iudicatory of the kingdom ) is constituted ☞ of some that are men of interests , contrary to the common good thereof , from whom we can expect nothing but banding and designing to obstruct and frustrate all proceedings ( contrary to their interest . ) and if a seasonable remedy be not given herein , we despair of any good to the kingdom by way of treaty . and when both houses are thus fully purged , that then king charls , their prisoner ( whom now they flatter only for the easier accomplishment of their own ends , & to take off the envy and opposition of his party , as some of them acknowledg in plain terms ) be forthwith articled against , * impeached , arraigned , deposed , executed , and his posterity dis-inherited by the parliament , as the grand delinquent , and author of all the late wars , mischiefs and blood-shed in his three kingdoms ; and after that the members of both houses , who have been opposite to them , arraigned and condemned as breakers of trust and invaders of the peoples liberties ; and then the domineering house of peers perpetually abolished , and a new-model'd parliament consisting meerly of commoners ( elected by the army ) constituted , to execute only what the generallity of the agitators and people shall prescribe them . 3. that the * assembly of divines be immediately dissolved and impeached of high treason ; presbyteries suppressed , the directory , national league and covenant , parishes , parish churches , chappels , tithes , oblations , ministers made by ordination , universities , and all schools of learning ( except only such as teach to read english , write and cypher ) all set forms of prayer , the lords prayer , creed , and ten commandments , baptizing of infants , and singing of psalms utterly abolished as antichristian , and an act of eternal oblivion passed against them ; that a full and free liberty be granted to all persons whatsoever to preach , baptize , dip , set up what new congregations and religions they please , and broach any heresie , error , blasphemy , or new opinion without the least inhibition , as they do now within the armies precincts . 4. that all * innes of court and chancery , all courts of iustice now erected , as wel civil as ecclesiastical , with the common , civil , canon and statute laws formerly in force ; and all corporations , tenures , copyholds , rents and services , with all titles and degrees of honor , nobility and gentry , elevating one free-subject above another may be totally abolished , as clo●gs snares , and grievances to a free-born people , and inconsistent with that universal parity and equality of condition which ought to be among free-men , & opposite to the cōmunion of saints 5. that all the * lands and estates of deans , chapters , prebends , universities , colledges , halls , free-schools , cities , corporations , ministers gleablands ; and so much of the lands of the nobility , gentry , and rich citizens and yeomen , as exceeds the summ of 300 l. per annum ▪ and all the revenues of the crown belonging to the king or his children , be equally divided between the officers and soldiers in the army to satisfie their arrears , and recompence their good services ( all the wealth of london being too little to reward them , as their friends have published in print ) that so the prophecy of daniel 7. 22. may be fulfilled , judgement is given to the saints of the most high , and the time came that the saints possessed the kingdom ; much descanted upon in the army both by the soldiers and their * chaplains , as now or never to be accomplished . 6. that all * reformado officers , soldiers , and forces in or about london , or elsewhere not actually under the armies power may be immediately dispersed ; all listings of men , but only by the generals and armies order , prohibited under pain of high treason ; the old city and parliaments guards removed ; and a new strong guard of horse and foot presently sent from the army to secure the city and tower of london , and the * commons house ( under pretence of preventing a new war ; ) that so the lives , liberties and estates both of lords , commons , citizens , gentlemen , reformadoes , soldiers , and people of all sorts , may be at the absolute mercy and free disposal of the army , without the least hopes of resistance , or opposition , till all the precedent demands be granted and accomplished ; and then we shal be as free a people as the slaves in turky or algiere . when all this is effected , and the kingdom utterly exhausted with taxes and free-quarter to keep up this unmercinary and most meritorious army , who have such glorious designs in hand for the kingdoms ease , and peoples liberties and enfranchisement from their ancient vassallage to the king , parliament , laws , magistrates , ministers , &c. our supream lords and masters ( the agitators and army ) wil be satisfied , and contentedly disband to divide the spoils in the fifth demand , but not willingly before , if their principles or printed papers ; their private free ingenuous discourses ; the pamphlets and petitions of their confederates , the practises of their predecessors in germany , and the series of their late high proceedings and multiplyed demands ( growing every day higher , and more then formerly ) may pass either for demonstrations , or more then probable presages . let all wise , honest , and wealthy men then , both in parliament , city and country be no longer gulled or blinded with specious pretences , but look about them in time ; and provide for the publick safety and the liberty of the king , parliament , kingdom , and their own preservation , before it be over late : and take the poets advice to heart . principiis obsta ; sero medicina paratur cum mala per longas invaluere moras . in fine ; in bello non licet bis errare ; hic nec semel . reader , consider these passages among others in lilburns new printed regal tyranny discovered , ( whose brothers are chief sticklers in the armies treasonable proceedings ) p. 14. we may evidently perceive , that this office of a king is not , in the least , of gods institution ; neither is it to be given to any man upon earth . and p. 56 , 57. charls stewart , hath committed treason against the kingdome of england , &c. to sum up all , he is guilty of all the innocent bloodshed in england , scotland , and ireland , since the wars , which is the blood of thousands of thousands . for which if all the sons of men should be so base and wicked as not to do their duty , in executing iustice upon him ( in deposing and beheading him ) which legally may and ought to be done , by those especially who have power , and authority in their hands ; yet undoubtedly the righteous god will , and that i am confident in an exemplary manner , in despight of all his bloody and wicked protectors and defenders . and then judge in what condition the king , kingdome , and parliament now are in , under the power of men of lilburns spirit and principles . finis . notes, typically marginal, from the original text notes for div a91302e-120 * sir thoma● fairfax last letters to the house , and the apprentices petition to him , sent to the agitators , ( newly printed ) their own speeches , and papers , and 14 article against the impeached members and the agitators massage to trinity house , evidence this . * laid down in regal tyranny discovered ; a clear and full vindication of the late proceedings of the army ; a declaration from the army june 14. 1647 englands birthright , and oth●r pamphlets . * this lilburns regal tyranny discovered , the title pa. and p. 14. 62 , 53 , 54 , 55 , 57 , &c. englands birthright . overtons , and other sectaries printed pamphlets clearly demonstrate and advise , which have a great influence on the agitators and army . * the araignment of persecution , the bloody tenet . sir simon presbyter , and many other late pamphlets of sectaries , clear all this , with hartfordshire petition against tythes and other petitions of like nature . * regal tyranny discovered . p. 15 , 16 &c englands birth-right , lilburn● apologie to judge reeve , the harfordsh . and other late petitions to the generall and army manifest this design . * this divers of the army and their friends have propounded in print and discourse . * m. sedwicks sermon at s. albans . * this is positively demanded in the armies remonstrances & printed papers to disingage & mutiny the reformadoes and leave the parliament and city naked of all defence . * this was moved in the house , and that by an alderman , and desired , in the young mans petition to the general . the county of somerset divided into several classes, for the present setling of the presbyterial government. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91167 of text r206090 in the english short title catalog (thomason e430_16). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 27 kb of xml-encoded text transcribed from 6 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91167 wing p3934 thomason e430_16 estc r206090 99865277 99865277 117516 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91167) transcribed from: (early english books online ; image set 117516) images scanned from microfilm: (thomason tracts ; 68:e430[16]) the county of somerset divided into several classes, for the present setling of the presbyterial government. prynne, william, 1600-1669. 11, [1] p. printed by r. cotes for michael sparke at the bible in green-arbor, london : 1648. signed at end by william prynne (and 5 others). annotation on thomason copy: "march 4"; the 8 in imprint date is crossed out and replaced with a 7. reproduction of the original in the british library. eng church of england -government -early works to 1800. somerset (england) -history -17th century -early works to 1800. a91167 r206090 (thomason e430_16). civilwar no the county of somerset divided into several classes,: for the present setling of the presbyterial government. prynne, william 1648 2177 7 0 0 0 0 0 32 c the rate of 32 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 aptara keyed and coded from proquest page images 2007-04 mona logarbo sampled and proofread 2007-04 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the covnty of somerset divided into severall classes , for the present setling of the presbyterial government . heb ddiev heb ddim printer's or publisher's device london , printed by r. cotes for michael sparke at the bible in green-arbor , 1648. right honorable , we humbly conceive the county of somerset , in regard of its spaciousnesse and multitude of parishes ( when sufficiently furnished with able ministers and elders ) is fit to be divided into nine distinct classes ; viz. the classis of bath , wrington , wells , bruton , ilchester , ilmister , taunton , bridgwater , dunster ; but by reason of the scarcity of fitting ministers and elders to constitute so many classes , we have been necessitated to reduce them for the present into four , in form following : com. somerset . the classis of bath and wrington . axbridge bath city bath easton bathewick batheford brackley bedminster bishporte banwell b●●…ington broadweston blagden , & bleydon burnett bourton barrow brockley backwell butcombe berrington in wri brislington , alias busselton beluton buckland charlecome comehay camerton charlton churchill compton bishop chedder cameley chill compton compton congersbury claverton corston & curston compton dando compton david clutton clevedon chewstock chew magnum chelvey coldhenton chewton compton martin chewton keynesham chelworth combe neer bath dundrie dunkerton easton gordan , alias st. georges eastharpetree easton katharine enborowe freshford farmeborowe forcot , alias foxcot● farrington farleigh felton hampton hemington hutton hinton charterhouse hardington henton blewett high littleton inglescombe keynsham kenn kilmersden kilveston kingston semer lytton loxton lokinge laverton langridge lullington laurance weeke lye long ashton markesbury midsoner norton nemnett nailsey northstock norton malereward newton st. loe orchardley publowe & pensford philips norton portebury priston portshut , alias portshead puckston paulton radstocke roborowe rode swayneswick south stock staunton prior stowey saltford stone easton stanton drew sheepham stoke near claverdon telesford timesborowe tickenham twiverton thrubwell ubley uphill widcombe , neer westhapetree witcombe , neer bath walton winford weston super mare weston gordan wellowe woodspringe worle walcott welton weston near bath wrington westharptree wolley whitchurch wriggleton wolverton wraxhall winscombe yatton . the bounds of this classis are from axmouth and river , by , and including blayden , axbridge , stone , easton , chilcompton , bluckland , brackley , where it ends on wilts-shire . and when they are in capacity to subdivide , then the classis of bath is to bee divided from stone , easton , including in it cambley , stowe , pensforde , publowe , keynesham , and busselton , where it goeth out . ministers mr. samuel crook de wrington mr. anthony parker de blagdon mr. william gregory de backwell mr. samuel westoby de nailsey mr. john luffe de chew mr. joseph bowden of bath , and the ministers of the said city for the time being . mr. thomas codrington de keynsham mr. will. tompson de hillington mr. william long de priston mr. william thomas de ubley mr. sam. tilly de compton martin mr. james ashton de kilmersden . elders alexander popham de hunstero esq edward popham esq of the same john ash de freshford , esq john harrington de kelson , esq clement walker de charterhouse , esq william prynn de swanswick , esq richard cole of nailsey , esquire iohn buckland de westhartery , esq john hippesley de stone easton , esquire . henry corges de batcombe in chedd , esq tho. hippesley de camerton , esq tobias venner de bath , doctor of physick john burges de stanton drewe peter lock de chew magnum william hall de brackley ben. pitt de sanderwick james rowsell de comchey john collins de priston john curle de freshford john wood de bath thomas wornall de wraxhall john amery de wrington richard arthur de backwell thomas baynard senior , de blayden richard grimston de yatton henry plomley de easthartrey james wrenckmore de axbridge herculer comer de chedder james nash de compton martin john salmont de easton katharine henry hurle de st. george edmond keene de wrington . the classis of wells and bruton . atford abbots combe ascott ashwicke allerton bruham burnham bimger babington bruton bradley badgworth brayne , alias breane bradley batcombe bitsham buckland blackford , castle carie charlton musgrave cucklington chereton catcott croscombe corton chester blade cloford compton compton pansford doulting ditchere dinder donyett elme east cranmere ever creech east lidford east brent east pennard froome selwood gothill glastonbury gillingham gedney henstridge holcombe halton horsington kilmington limpersham lye under mendhipp levington lamyeat luckington marston bigott milton meere melles marke maperton milborn port north barrowe north wotton nunny north cadbury poyntington priddie polesham pill pitcombe pilton rodney stoke redlinche shapwhick south wotton stratton on the force stokeland stoake sutton epi. south brent stone staffordell south cadburie shepton mallet south barrowe shepton mountague stowell street temple combe upton noble wells city wookey week & wike worseway west cramere west combe wyncanton wydcome weare walton wales west lidford whethill vvanstrowe vvedmore vvestbury vvest pennard vvhateley yenston yarlington . the bounds of this classis are from axmouth and river by and including bitsham , weare , priddie , chewton , froome , frary , cuclington , henstridge poyntington , corton , south barrow , lidford street , walton , shapwick over ba●●nbridge , and ends at grange mouth , and when they they are in a capacity to subdivide , then the classis of wells is to be divided from east lidford , including in it stone doulting and stokeland . ministers . mr. sam. oliver de wells mr. fletcher de meere mr. robert balsum de shepton mallet mr. purifie middleham de westbury mr. john whiteburne de crosecombe peter glasbrooke de streete mr. ben. whitchott de north cadbury mr. richard allen de ditchett mr. richard allen de batcombe mr. william parker de bruton m. christopher reede de cloforde mr. richard fairecloth de melles mr. william wright de froome mr. iohn darli●de temple combe elders sir john horner of melles knight sir robert gorges of redlinch knight mr. justice rolle of shapwicke george horner of cloford esq william strode of downeside esq lisl . bone long of stratton esq thomas horner of lye esq thatcher of queen cammell henry alben of upton john sanders of bruton william cornish of alhampton stephen ashford of north cadbury francis plympton of wincanton john keene of wincanton william ridout of charlton musgrave richard bingham of henstridge john accort of rodden thomas millard of preistley jo. pranket of bayford william bennet of bruham john weare of temple combe george millard of shepton william tucker of doulting thomas salmon of wells stephen hasket of wells joseph gallhampton of wells aaron mito of croscombe richard dale of glaston richard hippesley of wookey jeffery austen of glastonbury abraham gundery of streete william meade of streete . the classis of ilchester and ilmister . ashington abbots he adber ashhill bingham barrington broadway babcarie berwick butleigh brympton chisleburrowe compton dandon crewkehorne charde chilton combe st. nicholas chilterne domer clauseworth cudworth chynnocke chellington curry evill cricket thomas chilton donyett dunington east charlton east coker evill burrowe east dolish evylton alias yeauylton fivehead george hynton alias henton hewish hislegrave alias hilsgrave higheham hasilbere plucknett hardington marsh ilbruers ilchester burrowe illton ilmister kingsburie kingstone kingesdon kings weston kingsbury knoll lynington long sutton lambrooke lang porte luston longeham michael seving● middle chenocke mudford martock parish and hundred marston muche lucy milton mountague norton under hamden north over north parrot odcombe pendomer preston plucknet pytney puckington queen camell rimpton alias rymeton stoke under hamden seavington marie stockings magdalen samford orcas sparkeford stoklinsh seaburrow somerton stamford sutton binghe shepton swill tyntenhall thorne trent west charlton west coker westchinock wayford whites taunton white lakington weston zoyland west camell . the bounds of this classis are from or neere walton by and including butleigh , babearie , weston , trent , pendoner , parrott , winsham , chard , whites , taunton , combe st. nicholas , broadway , ashhill , abbots , isle fiveheads , auler , higham , & out of walton . and when they are in a capacity to subdivide , then the classis of ilchester is to be divided from clausworth to auler including them both and chinocke odcomb , and martock ; currirevell and out at auler . ministers mr. ed. bennet of south pederton mr. john moore of auler mr. james elliott of shepton beacham mr. maine of puckington mr. thomas budd of kingsburie mr. tim. batt of ilmister mr. rainold leslie of doniett mr. christopher laurence of odcombe mr. braine of lymington mr. nath. debancke of martocke mr. jacob tomkins of crewkerne mr. wyatt of puddemore mr. matthew randall of higham . elders henry henly of lye esq john saintbarbe of ashington esq henry bonner of combe st. nicholas esq rich. trevillian of drayton , gent. george gibbs of crewkerne james burford of martocke will. redbeard of norton sub ●anden thomas patten of chistleburrowe . robert webb of ilmister thomas collins junior of ilmester george sampson of lopen charles warren of pendomer robert dunn of crewkerne edward atkings of charde peter higdon of merson william atkins of charde william strode of charlton adams francis carswell of charde george sampson junior , of kingsbury barnard gold of ilchester . the classis of taunton , bridgewater , and dunster . ash-holt , alias ashcott anglesby andrey ashbrittle st. andrewes burrowe st. mich. bishops lydeard bushford bridgwater bicknell buckland fee beere broomfield bicknaller brumpton rafe brumpton regis bawdripe bagborowe me●t braford badleton bitts combe chelton cheripoole crookham combe florie curry mallet culbone cutcombe clatworthy cart upton chaire finch cotherstone creech cattcott chedsey cheddon fitz paine cassington chilton corse combe with chipstaple dodington durston durley dunster enmore eddington exford exton eastquantock fitzhead grenton goathurst holeford hawkridge hunspill hatch hewish champflower hill bishops haules kingston kittsford kilton kilve laurance lydeard langford langridge luxburrowe linge luckcombe morlinche middlesay michaels church margarets church margarets thorne marke silver preston minehead mary stoake munckton north pedderton nether stowley norton fitzwarren nettlecombe nine head oake orchard oldcleeve oterhampton otterford oure paulett perriton pitmister purlocke rinton , alias rumington riston reddington sutton mallet stockland staple beacham samford sainford bret staveley , alias stawley stowell selworthy strengston skilgate st. decumans spaxton stogummer staple grove taunton thurlebeere tolland trull treboroe timberscombe thurloxton upton westbuckland williton wemdon wiltscombe , alias wivelescombe westquantocke wollavington winsford weston wellington west hatch wotton courtney whitbey poole withey hill yarcombe the bounds of this classis are from grange or brewemouth , by , and including hunspill , wollavington , cassington , eddington , cattcott , grainton , michaels burrowe , curry mallet , buckland , yarcombe , samford , stavely , wilscombe , alfoxton , strengston , and listoake going out at seavern ; and also dunster-classis , from kilve upon seavern , by , and including the quantocke , coockham , clatworthy , highleigh , reddington , skilgate , dulverton , hawkergidge , oure , parlocke , and goeth out at seavern . ministers mr. robert crosse of luckham mr. george bindon of angerslee mr. alexander robinson of norton mr. rob. tirling of taunton james mr. george newton of taunton magdalen mr. richard smith of creech mr. john baker of curry mallett mr. forward of pittminster . mr samuel pretty of weston . mr. henry james of chedsey . mr. john norman of bridgwater mr. tho. walrond of hunspill mr. barth. yoe of selworthy mr. vvilliam chapple of kingston mr. john langford of exford mr. john hill of elworthie mr. barth. safford of bicknaller elders iohn palmer of taunton esq george searle of taunton esq sir tho. worth of northpedderton knight robert blake of bridgwater esq john pyne of curry mallet esq thomas nicholas of taunton john gardiner of rinton thomas gatchell of anglesby thomas coombe of petmister roger hill of ponsford esq william andrewes of bridgwater richard newton of northpedderton robert good of perriton thomas summers of andrey hill of weston thomas musgrave of rinton edward warre of chipley esq tho. francis of combeflorie gent. charles stenings of selworthy esq hatfell , alius whitfield of mynehead thomas beadon of stogumber john street of bicknaller robert quicke of minehead iasper chaplin of taunton humphry blake of bridgwater thomas courte of north pedderton . this is humbly desired that the countie of somerset may be made one entry province and divided into nine distinct classes as aforesaid , when it shall be furnished with able ministers and elders to supply the same . in obedience to the commands of the high court of parliament signified in a letter directed to us whose names are hereunto subscribed , wee have with the advice of godly ministers and others considered how the county of somerset may be most conveniently divided into distinct classicall presbyteries ; and what ministers and others are fit to be of each classis ; which diuision and nomination of persons is here accordingly certified and presented to the honorable houses of parliament , by your most humble servants , john horner roger gorges william prynne hen. fenley william thomas george newton . finis . faces about, or, a recrimination charged upon mr. john goodvvin in the point of fighting against god, and opposing the way of christ and a justification of the presbyterian way in the particulars by him unjustly charged upon it : vvith other short animadversions upon his late book called [theomachia] or, the grand imprudence of men running the hazard of fighting against god, &c. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a70865 of text r7643 in the english short title catalog (wing p3952). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 19 kb of xml-encoded text transcribed from 7 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a70865 wing p3952 estc r7643 11901434 ocm 11901434 50588 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a70865) transcribed from: (early english books online ; image set 50588) images scanned from microfilm: (early english books, 1641-1700 ; 230:e13, no 17) faces about, or, a recrimination charged upon mr. john goodvvin in the point of fighting against god, and opposing the way of christ and a justification of the presbyterian way in the particulars by him unjustly charged upon it : vvith other short animadversions upon his late book called [theomachia] or, the grand imprudence of men running the hazard of fighting against god, &c. prynne, william, 1600-1669. 12 p. printed for robert bostock ..., london : 1644. attributed to william prynne. cf. nuc pre-1956. reproduction of original in thomason collection, british library. eng goodwin, john, 1594?-1665. -theomachia. goodwin, john, 1594?-1665. -grand imprudence of men running the hazard of fighting against god. presbyterianism. a70865 r7643 (wing p3952). civilwar no faces about. or, a recrimination charged upon mr. john goodvvin, in the point of fighting against god, and opposing the way of christ. and a prynne, william 1644 3286 4 0 0 0 0 0 12 c the rate of 12 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2005-12 tcp assigned for keying and markup 2005-12 apex covantage keyed and coded from proquest page images 2006-02 john latta sampled and proofread 2006-02 john latta text and markup reviewed and edited 2006-04 pfs batch review (qc) and xml conversion faces about . or , a recrimination charged upon mr. john goodvvin , in the point of fighting against god , and opposing the way of christ . and a justification of the presbyterian way in the particulars by him unjustly charged upon it . vvith other short animadversions upon his late book called , θεομαξια . or , the grand imprudence of men running the hazard of fighting against god , &c. rom. 16. 17. now i beseech you brethren , mark them who rayse divisions and offences . published by authority . london , printed for robert bostock , dwelling at the signe of the kings head in pauls church-yard . 1644. faces about : or , a recrimination charged upon mr. iohn goodwin , in the point of fighting against god , and opposing the way of christ . christian reader , my thoughts are not ( god knows ) against the authour of these sermons , in the least measure , but against his dangerous doctrine , though intermingled with truths . to be silent in this businesse , i dare not , my conscience forbidding me . to say all that might be said , i cannot , my imployments hindering me . therefore i have thought good to offer thee , these few animadversions , to make thee to be the more awake , and cautious . beleeve not every spirit , but try the spirits , whether they be of god or not . first of all it is to be observed , he buildeth upon a rotten and unsound foundation , pag. 10. affirming , that we may build upon what gamaliel spake in the counsel , as good , and from god . the principall end and scope of what he spake , being the rescuing of the apostles , &c. and there being nothing in all this speech ( excepting onely the historicall instances of theudas and judas ) but what is fully consonant with the word of god , ( unquestionably so acknowledged ) elsewhere , the credit and authority of it , for matter of truth , is one and the same with those other scriptures corresponding with it . ans. 1. i never heard so much good of gamaliel , except from popish interpreters , who tell us out of the traditions of clemens , and out of the roman martyrologies , that gamaliel was a godly man , and a disciple of the apostles . sure i am , our best interpreters judge of him , as an irreligious polititian , adieophorit , neutralist , nullifidian . 2. his principall end and scope was not the rescuing of the apostles , but the preservation of himself and the councell from the wrath of the people of the jewes , whom he feared , because they favoured and magnified the apostles and from the wrath of the romanes , which he well knew would fall upon the counsell , if they should presume to put any man to death , the liberty of capitall punishment , not being permitted to them . and this was his meaning , when hee said , vers. 35. yee men of israel , take heed to your selves , what yee intend to doe . beware of provoking the people . beware of provoking the romancs . 3. though there be some truths ▪ in that which he spake in the councell , yet there are there three exceeding great errours in it . one is , that he makes it an uncertaine and dubious thing , whether the gospel preached by the apostles , and miracles wrought by them , were from god , or from men : he puts an if , where he should have put a surely . another is , that he judgeth himself , and would have others to judge what is of god , and what not , by the event , according as the thing prospers , or not , whereas he should have judged according to the truth , and the rule of the word , let the event be what it may be . a third is , that whatsoever damnable and pernitious heresies doe infest a church , all men , even magistrates , must refraine from the authors and spreaders thereof , and let them alone , in confidence , that such wayes , if not of god , will come to nought of themselves . pag. 21. he maketh a most odious comparrison betwixt those ministers who appeare for the congregationall way ( as he calleth it ) and the ministers who appeare for the presbyteryall way , describing the ministers of the former way thus , some ambassadours and messengers of his ( gods ) of a very choice anointing , and indued with strength from on high . the ministers that stand for the presbytery , thus , some that would be thought pillars , and prime men in the house and temple of god . surely they that would be thought so , are not worthy to have the smallest place in the temple of god . againe , he describeth the people , who adhere to the former sort of ministers , thus , many thousands more , and those ( for the most part ) of the best and choicest servants of god amongst us . the people who adhere to the presbyterian ministers , thus , the generality of people , who know little of god , or of his wayes . if this be suitable to a spirit of christian moderation , and humility , that men shall thus commend and magnifie themselves , as having greater gifts and graces then others , and judge the ministers to be presumptuous , and the people ignorant , who are of another opinion ; let every one judge , whose understanding is not very much biassed with partiality . nay , let us but judge him out of his own words . i would gladly know how he can reconcile these things with what himself saith , pag. 27. where he tells us what opinion the gongregationall way holdeth of such as are contrary minded to it . it thinketh no evill ( saith he ) it speaketh no evill of such : if it conceives them upright and faithfull , with god , and with jesus christ , it imbraceth them with all love , tendernesse and honour , as pertakers of the precious faith with it self , and nothing doubts but that they serve and worship god with as much sincerity and singlenesse , of heart , and are accordingly accepted by him in their way , as it self . in the transcribing of this passage , i have some light , to reconcile him with himself . there is a great if here , if presbyterians be faithfull and upright with god , and not onely so , but if independents conceive them to be such . he had said positively of the other way , many thousands are for it , of the best and choicest servants of god . but of this way , hee greatly doubts whether he can say neere half so much , as if godly presbyterians were hardly to be found , and — vix totidem quot , thebarum portae & divitis ostia nili . pag. 23. he would make us beleeve , that the presbyterian reformation , needs suffer nothing , nor lose an houres time , by the congregationall way . for , saith he , what doth the poore flie , sitting on the top of the wheele to hinder the waggoner from driving on his way , &c. the irregularity of the mountaines and valleys in the surface of the earth troubles no mans opinion concerning the perfect roundnesse of it , because it is swallowed up into victory by the roundnesse of the globe , &c. the gleanings of independency ( so called , will not hinder the vintage of the presbytery . would god hee could make these things good . would god it were not as the remora to the ship . if it be as the flie on the top of the wheele , why hath it hindred us from driving on our way , not for an houres time , but for a yeeres time , and much more . if independency be the irregularity of mountaines and valleys , it will at least trouble the opinion of many thousands who are not good cosmographers concerning the roundnesse of the globe . and what should hinder a full and perfect roundnesse , since every valley shall be filled , and every mountaine and hill shall be brought low . and if independency doth but gleane , why doth it glean before the vintage . and when after , is not the gleaning of the grapes of ephraim , better then the vintage of abiezer . pag. 23 , 24 , 25. j would gladly know , saith he , what or what manner of reformation can reasonably be expected , or hoped for without her , ( the congregationall way . ) and here he enlargeth himself to shew , that without this their way , our reformation is but a reforming of satan , a reforming of open loosenes and profanenesse into pharysaicall hypocrisie ; a taking of the members of an harlot , to make them the members of christ , a quashing and crushing and breaking of the hearts and bones of the one halfe of the most religiously-affected , for trading in apes and peacocks ( i wish he had told us where their tarshish lies ) for holding some erroneous opinions , perhaps erroneously so called . that the presbvterian reformation is directly destructive to the edification of the saints , and doth impede their growth in grace . more of this stuffe you have , pag. 29 , 30. if matters , faith he , were duly and fairly examined between the two combitants in this case , the way we plead for , would be found via lactea , the candid , harmlesse and peaceable way : and her corrivall or competitresse , via sanguinea , the trouble and strife making way , &c. see also p. 33. 34 37. what no reformation without the independent way except a satanicall reformation , a pharasaicall reformation , a meritricious reformation , a persecuting reformation , a bloody reformation , a grace-destroying-reformation ▪ is this his so much pleaded for toleration of that way , that there can be no reformation without it ? is this his so much boasted of charity of that way , that it thinks so much evill , and speakes so much evill of any other reformation ? where is that presbytery that doth imbrace the ungodly , or persecute the religiously affected , or hinder their edification ? for my part i shall cast the first stone at it . the lord rebuke this spirit of belying and calumniating the way of christ , by which god hath beene so much honoured , satan so much foyled , true grace and knowledge so much propagated and advanced . and what is this but a fighting against god , even that sinne which he himselfe holds out as the achan , the troubler of our israel , and that which makes the sunne of our peace to goe so often backwards in the heavens . page 34. 35. he speaketh thus : we suppose that the lord christ , so far tendred the spirituall felicity and peace of his churches , as to leave them sufficiently furnished , and every wayes appointed with internall provisions for the effectuall procurement and preservation of them , without any concurrence of any heterogeneall or externall power , especially considering that he foresaw that these churches of his for the space of 300 years together , & somwhat more , were not like to have any accommodation at all in this kinde , from any secular or civill power . now let it be remembred that this doth quite overthrow one of the grounds , whereupon those that are for the independent way , do usually justifie it . when it is objected , that , that way provideth no sufficient nor effectuall remedy for reducing an offending or apostatizing congregation : the answer we receive is this ; other churches may admonish , rebuke , and ( if that do it not ) non-communicate such a congregation . it is replyed , what if that congregation slight all this , both reproof and non-communion . what say they for that cause ? the apologeticall narration , pag. 19. tells us , if the magistrates power do but assist and back the sentence of non-communion , then it will be as effectuall , as the presbyterian way is supposed to be . to this i say no other thing but what john goodwin saith , the lord christ hath provided for his churches sufficient intrinsecall remedies , without the concurrence of any externall power . and so i leave it betwixt them to unty the knot . pag. 43. 44. whereas the vote and suffrage of a reverend , learned , and pious assembly , might be objected against the independency . he tells us for answer the observation of gregory nazianzen , that he never saw good end , or desireable successe of any councell , or that they procured any decrease , but rather increase of evills . he farther lookes upon synods as the eclipsings of the glory of god , that there are too many learned and wise men in a great councell , for god to reveale truth , or to give truth victory against errour by , pag. 45. as exercising dominion over our faith , pag. 46. as swayed by one or few of predominant parts or authority , as you may read , pag. 47. let him who pleaseth compare these passages with the arminians , their declamations against synods , exam. cens. pag. 288. 289. and elsewhere in their writings : comparing also what is written by zepperius , pareus , whittaker , and divers other protestant divines of the most profitable , excellent , and ( in some respects ) necessary use of councells or synods , and then observe how neer master goodwin commeth to the former , and how far he recedeth from the latter . neither need we to stumble at that passage of nazianzen to procopius . he had reason to say so , having seen so many councells of those bishops who did so much favour the arrians , that he was out of all hopes , ever in his days , to see a free and rightly-constituted councell . neverthelesse nazianzen himself afterwards was present in the generall councell of constantinople , and did subscribe the decrees thereof , as is manifest by the subscriptions . therefore distingue tempora . if things had continued in this kingdom as they were in the prelates time , we had said of councells even as nazianzen did : but , tempora mutantur , & nos mutamur in illis . pag. 50. he giveth a sore blowe to the parliaments power . to hold , saith he , that the persons so elected ( unto parliamentary trust and power ) have a power , by vertue of such nomination or election , to enact laws and statutes in matters of religion , and to order , under mulcts or penalties , how men shall worship and serve god ; as it is a means to awaken the eye of jealousie upon them and so is seven times more destructive , &c. surely this is a means to ●waken the parliaments eye of jealousie upon himself . shall every one in israel do in religion what seemeth good in his own eyes ? shall the covenant , how necessary soever for the good of the kingdom , be left free , that every man may take it or refuse it , as he listeth ? may the civil power inflict no punishment on those that do evil ? and who do more evil then soul-destroying , and church-disturbing hereticks ? hath the magistrate no coercive power in matters of religion ? let the five apologists animadvert to this , and look how sweetly it agreeth with their solemn professing , that they give more to the magistrate , then the principles of presbyteriall government will yeeld . pag. 52 , and pag. 18 , he wisheth it may be the first-born of religious advertisements and cautions to us , that no man , or rank of men whatsoever , do appear , especially in any high handed opposition or contestation , nor so much as lift up an hard thought against doctrine or way , claiming origination and descent from god , till we have security upon security , proof upon proof , demonstration upon demonstration , evidence upon evidence , that such ways or doctrines onely pretend unto god , as the authors of them ; and that in truth they are not at all from him . this is the substance of those two passages put together . now i assume , the presbyterian way claimeth origination and descent from god ; yet master goodwin doth not onely lift up an hard thought against it , but in these sermons extremely oppose it , and contest against it , without security upon security , proof upon proof , demonstration upon demonstration , evidence upon evidence , that it onely pretends unto god as the author of it , and that in truth it is not at all from him : therefore now let him give this his first-born for his transgression , what if i have but one good proof , demonstration , evidence , or security , that this or that doctrine is heresie , which yet claims origination from god and his word , may i not appear in contestation against it , nor so much as lift up an hard thought against it , till i have multiplied proofs , demonstrations and evidences , and all those as clear as the noon-day , as he preacheth ? i fear , if the genealogie of this same doctrine of his were searched for , it should be found to have an origination and descent from socinians and arminians , which ( i conceive ) i could demonstraté , if i had leasure to turn over my books . however , let him consider whether this doctrine doth no ways fall upon the excommunication of hereticks in the congregationall way : of which he himself speaketh thus , pag. 34. if the errour be dangerous , amounting to , or neer an heresie , after two or three admonitions ( that is , according to her warrant from heaven ) she casts it out of the line of her communication , to him who cast it in , i mean satan . finis . notes, typically marginal, from the original text notes for div a70865e-160 act. 5. 26. joh. 18 34. luke 3. 5. judg. 8. 2. apol ▪ nar. p. 19. articles of impeachment and accusation, exhibited in parliament against colonell nathaniel fiennes touching his dishonorable surrender of the city and castle of bristoll, by clement walker and william prynne, esquires : together with a letter from mr. prynne to colonell fiennes. fiennes, nathaniel, 1607 or 8-1669, defendant. this text is an enriched version of the tcp digital transcription a25937 of text r986 in the english short title catalog (wing a3856). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 21 kb of xml-encoded text transcribed from 9 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a25937 wing a3856 estc r986 12127800 ocm 12127800 54640 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a25937) transcribed from: (early english books online ; image set 54640) images scanned from microfilm: (early english books, 1641-1700 ; 241:e78, no 3) articles of impeachment and accusation, exhibited in parliament against colonell nathaniel fiennes touching his dishonorable surrender of the city and castle of bristoll, by clement walker and william prynne, esquires : together with a letter from mr. prynne to colonell fiennes. fiennes, nathaniel, 1607 or 8-1669, defendant. prynne, william, 1600-1669. england and wales. parliament. 16 p. [s.n.], london : 1643. reproduction of original in thomason collection, british library. eng prynne, william, 1600-1669. trials (impeachment) -england. a25937 r986 (wing a3856). civilwar no articles of impeachment and accusation, exhibited in parliament, against colonell nathaniel fiennes, touching his dishonorable surrender of walker, clement 1643 3704 4 0 0 0 0 0 11 c the rate of 11 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2002-03 tcp assigned for keying and markup 2002-05 aptara keyed and coded from proquest page images 2002-06 mona logarbo sampled and proofread 2002-06 mona logarbo text and markup reviewed and edited 2002-07 pfs batch review (qc) and xml conversion articles of impeachment and accusation , exhibited in parliament , against colonell nathaniel fiennes , touching his dishonorable surrender of the city and castle of bristoll ; by clement walker and william prynne , esquires . together with a letter from mr. prynne to colonell fiennes . london : printed in the yeer , 1643. die mercurii , 15 novemb. 1643. the humble petition of clement walker and william prynne , esqs concerning mr. nathaniel fiennes and the surrender of bristoll , was this day read-in the house of commons , and articles of accusation of the said mr. fiennes , touching the surrender of the said city of bristoll and castle , was this day likewise presented to the said house ; a letter from master prynne to mr. nathaniel fiennes was was likewise read . ordered by the house of commons , that they shall be carefull , that there be a a fair and equall triall of mr. nathaniel fiennes . resolved , &c. that these articles , intituled , articles of accusation and impeachment against colonell nathaniel fiennes , late governour of the castle and city of bristoll , touching the dishonorable surrender thereof to the enemy , contrary to his trust and duty , by clement walker and william prynne esqs shall be now read . the said articles and impeachment were accordingly read . the petition and articles were signed , clement walker and william prynne ; and they were both called in at the bar ; being demanded whether the names subscribed , were of their hand writing ; they did avow the names to be of their own hand-writing , and did avow the said petition and articles . ordered that a copy of the articles attested under the clerks hand , be forthwith sent to my lord generall . h : elsynge , cler. parl. d. com. articles of accusation and impeachment , against colonell nathaniel fiennes , late governour of the city and castle of bristoll , touching his dishonourable surrender therof to the enemy , contrary to his trust and duty , by clement walker and william prynne esq. 1. inprimis , that he the said colonell nathaniel fiennes , did suddenly apprehend , imprison , & remove colonell thomas essex , late governour of the said city and castle from his government there , upon pretence that hee intended to deliver up the same ( not then fully fortified , or sufficiently provided to withstand any long siege ) into the hands of the common enemies of the kingdome and parliament ; contrary to the trust reposed in him ▪ and that hereupon , hee the said col. fiennes obtained the government of the said city and castle for himselfe , and undertooke to defend and keep the same , to the uttermost extremity against the said enemy , for the use of the king and parliament , and not to surrender the said city and castle , or either of them to the said enemies , or to any other person whatsoever , without the previous consent and order of the parliament . 2. item , that the said colonel , soone after hee became governour of the said city and castle , did by martiall law , apprehend , condemne and execute some chiefe citizens thereof ; namely , master yeomans , master butcher , and others , onely for intending to deliver up the same to prince rupert , when he came first before bristoll ( not then fully fortified and stored ) though they did not actually surrender the same . 3. item , that he the said colonel did put the parliament , kingdome , country and city , to a vast expence in fortifying and furnishing it , and the castle thereof with forts , sconce , canons , ammunition , arms , victualls , provision of all sorts , and with garrisons sufficiently able to defend and maintain the same for three moneths space or more , against all the power of the enemies , that might or did come against the same ; and did likewise promise and undertake to divers gentlemen and inhabitants thereof , to defend the same for so long space or more , in case they should be besieged . 4. item , that he the said colonell , notwithstanding the said premisses , when the enemy came before the said city and castle , with no extraordinary forces or ammunition able to force the same , and besieged them not above foure dayes at the most , did before ever the enemy had taken any of the out forts , or sconces about the same ; or had made so much as the least battery or assault upon the walls of the said city or cast●e , or any myne or breach into any of the forts thereof , contrary to his former trust , promises , duty , and the honour of a souldier , most dishonourably , cowardly , and traiterously delivered up the said city and castle , with all the prisoners , canons , ammunition , artillery , armes , military provisions , magazines , victualls therein , and the very colours too , without , and against the consent of the parliament , or his excellency their generall , into the hands and power of prince rupert , and other common enemies of the kingdome and parliament , to the extraordinary great danger , dishonour , losse and prejudice of the whole kingdome and parliament , the evill examples of other governours and townes , the losse of most of the westerne parts of england , and great incouraging , inriching , and strengthening of the said enemies , both by land and sea , and that upon very dishonourable articles , to which hee was no wayes necessitated , and had no care to see them punctually performed by the enemy , when complaint thereof was made to him for reliefe , to the great prejudice and impoverishing of the inhabitants and garrison souldiers there . 5. item , that the said colonell , without the privity or consent of any councell of warre , did of his owne head , send out for a parley with the enemy , when the officers and souldiers advised and perswaded the contrary , and would have repulsed the enemies , and defended the said city and castle to the utmost , that the surrendering up of the same was principally occasioned by earnest perswasion , advice , and cowardice of the said governour , contrary to his trust and duty to keepe the same : and that the said governour , when as the councell of warre unanimously voted upon the parley , that it was neither safe , nor honorable for them to depart the towne , unlesse they might march thence with halfe their armes at least , and with their colours ; thereupon , after some private conference with colonell ierrard , one of the enemies commanders , in the garden , without the privity , and contrary to the vote of the said councell , did make & insert the last article , that they should leave all their canon and ammunition , with their armes and colours behinde them , and returning to them out of the garden , told them plainly , that they must now deliver up all to the enemy , but what was expressed in the articles , he then produced , and leave their armes and colours behind them , to the said councells and fouldiers great discontent . and whereas by those very articles , the said town and castle were not to be delivered up till nine of the clocke the next morning , nor the enemies to enter them , till the souldiers , and other gentlemen were marched out , the said governour was so over hasty to surrender up the same , that hee delivered them up to the enemy above one houre , or more , before the houre agreed on ; and suffered the enemies to enter and possesse them before the souldiers were marched out , whereby many of the souldiers were pillaged in the castle and towne , and divers of the inhabitants best affected to the parliament , plundered before the houre of surrender came , to their great losse and undoing . 6. item , that he the said colonell , during the foure dayes siege of the said city and castle , did not give any such incouragement to the souldiers and officers ( who bravely defended the same , and slew neere one thousand of the enemies best men , by his own printed relation , with the losse onely of eight persons ) which much discouraged them , as his duty and place required , and they expected ; and that when a small number of the enemies , not two hundred ( who gave themselves for lost , ) had entred the line of commumication at the weakest place , which vvas worst guarded ; on wednesday morning the 26. of iuly last ( being bravely repulsed by the souldiers with great losse in all places else ) he the said colonell for two houres space or more ( during which time no more enemies entred or approached the said breach ) both neglected and refused to command or incourage the officers and souldiers , who offered to beate them out in due time , as he was advised and pressed to do by captain bagnall , livetenant colonell damson , and divers others , who would have undertaken that service ; and instead of incountering the said enemies ( against whom the very women offered to go on with their children to dead the canon , if the souldiers were afraid , rather then the city and castle should be yeelded ) called off the souldiers and officers from the line and out-workes ( that the enemies might the better enter them without resistance ) upon pain of death , much against their wills , who should and would have hindered and repulsed the enemies , and discouraged and hindred such as were forwards to have cut them off , sounding a parly when the enemies were so beaten that they threw down their armes , and ready for quarter , insomuch that divers of the souldiers and inhabitants , cryed out they were betrayed , and some of the souldiers brake their armes in discontent , swearing they would serve the parliament no more . 7. item , that the said governour , notwithstanding his promises to defend the said city and castle , and dispute it to the last , had yet a reall intention to deliver up the same to the enemy before ever they were besieged by them , and no thought at all to defend it to the uttermost , or till it might be relieved by his excellency , as appeares by the premised articles , by the said governours refusall to send the prisoners formerly taken out of the said castle , before the enemy approached , when moved to it , saying to sir william waller and others , that he would detain those prisoners still there , to make his owne conditions and composition the better with the enemie , if they came before it , by his commanding master hassard the master gunner there , to lay aside a reserve of thirty barrells of powder , with match and bullet answerable , to which when he was reduced , he would then treat with the enemy , ( which he did before he was reduced to this large reserve ) by other speeches to the like effect , and by his moving sir william waller to depart from bristoll , before it was besieged , who otherwise would have adventured his life in its defence . 8. item , that he the said governour , when he surrendred the said castle to the enemy , had at least sixty barrells of powder therein ( besides what was in the city and forts ) being ten more then were in gloucester when it was first besieged , five hundred canon shot , fifty great granadoes , fourteen hundred weight of match or more , great store of musket bullets , and tin to make more , a match-maker , a bullet-maker , with materialls to make match and bullets , and all manner of provisions and victuals , sufficient to maintain one thousand men for three or four moneths space at least , eleven canons therein mounted , ( besides 44. canons mounted in the city and forts ) all which were surrendred to the enemy before any battery or assault made against the said castle ( though he had men more then enough by his own relation to defend it ) contrary to his promise made to divers inhabitants of the said city , best affected to the parliament , to defend the same to the uttermost , and to dispute every foot thereof with the enemy , and to keep it , or to lay his bones therein ; who thereupon sent in their estates , with provisions for them and their families , for three moneths or more , into the said castle , where the said colonell promised to secure and defend the same , most of which their estates , were there seized on by the enemy to their undoing , by reason the said colonell admitted the enemies into the said castle , and delivered up the keyes thereof unto them , before the houre agreed on in the articles , such was his extraordinary haste , to quit the same . 9. item , that the said colonell , to aggravate this his dishonourable action , hath presumed to justifie the same , not onely before the honourable house of commons , by word of mouth , but likewise before the whole kingdome and world in printed relations and letters , wherein he hath laid an extraordinary great blemish both upon the honourable houses of parliament , and his excellency the earle of essex , their lord generall , by publishing in print , that had he manfully held out the said city and castle to the last , yet he could not have expected any relief from them in six or eight weekes space at the least , when as glocester since besieged with a far greater force then bristoll was , yet relieved by them in lesse then halfe the time ( as bristoll doubtlesse might and would have beene ) and held out a full mone●hs siege or more , as bristoll might have done , though he the said colonell to adde to his former offence , and hinder or anticipate the relief of glocester , that it might be lost as bristoll was , gave out in speeches to some members of the house of commons and others , and namely to master samuel browne , and master iohn sedgwick , that he would lose his head , or be hanged , if glocester could or would hold out three dayes siege , if the enemy once came before it , or words to the like effect . 10 item , that the said city and castle were so cowardly and unworthily delivered up to the enemies , that they have since published in print , and given out in speeches that the said colonell fines did bestow the same upon his majesty , that they were delivered up to them beyond their expectation , and that they could not have taken the same , had it been defended by the governour , who eventually at least if not intentionally , did but strongly fortifie , and plentifully store the same , with all manner of provisions to make it tenable , at the kingdoms and the countreys extraordinary expence , to render up the same to the enemies with great advantage to them , and far more prejudice and dammage to the commonwealth , as soon as it was made defensible . sir , on friday night late i received a note from your foot-boy , without name or date , with a datelesse , nameles paper inclosed , pretended to be a proclamation of my lo●● generals , to appear at a councell of war on thursday next ( not expressing what time of the day ) to be held in the army , ( without mentioning in what certain place , the army being dispersed into divers quarters remote from town ) to justifie what i have written concerning the cowardly and unworthy surrendring up of bristoll ; which generall , the consciousnesse of your own guilt makes you ( it seems ) to appropriate wholly to your self , though not named by me : which i shall be ready to do ( since thus unexpectedly challenged into the lists ) when i shall be legally summoned thereunto , at a certain competent time and place . to which end ( since your foot-boyes namelesse , dateleffe summons , without any warrant under my lord generalls hand and seal ; with the datelesse , namelesse , placelesse ; sealesse proclamation inclosed ; are but grosse artificiall flourishes to blinde the world , and meer nullities in martiall , common , civil , canon law , as all professors of them wil instruct you ; and such an individuum vagum , which makes intelligent men conceive , that you intend onely to abuse the world with flourishes , bravadoes , and never to put your self upon a reall publike triall . i and mr. walker , to set you into a legall reall way of triall , have both joyned in two petitions to my lord generall and the house of commons , to appoint a generall councell of war , for the hearing of this publike case in a convenient time ( the next wednesday if you please ) and fitting place within westminster or london , in presence of the house of commons , of which you are a member , to the end you may vindicate your honour , and make good your printed relation to the house , your letter to his excellencie , and delusory rude answer to mr. walkers , before them , if able , to your just purgation , and our disreputation ; or else give him and me leave to disprove them , and justifie what we have severally written ( my self by no lesse authority then a committee of the house of commons ) to your just dishonour , capitall censure , and maintenance of our reputations , which you would wound , if possible , to repair your own . truth seeks no corners , fears no colours , trialls ; neither shall i in this common cause , wherein the kingdom hath suffered more damage by bristolls surrender , then your life or estate are ever able to satisfie , though you should lose both for it ( as may peradventure chance to do , if you make no better a defence of your cause , in which you have now most unwillingly ingaged me past all retreats ) then of this city and castle , and that by your own martiall law ( to omit ancient presidents ) who dispossessed colonell essex of his governorship of that place , hanged up two citizens there , and ransomed others , onely for attempting to deliver up bristoll to the enemy before it was fortified and furnished ; when you did them a far greater kindnesse , to fortifie and furnish it with all sorts of ammunition and provisions , at the parliaments and kingdoms cost , and then most valiantly surrendred it , with all the canon , ammunition , treasure , provisions , ships , prisoners , arms , colours in it ; and if we beleeve mercurius aulicus , bestowed them on the king , to the irrepairable losse and danger of the whole kingdom , before any one sconce taken , any one shot made against the cities or castles walls , or the least assault of either of them . and yet such hath the carriage of this strange action hitherto been , on your part , that dat veniam coruis , vexat censura columbas . you censure , quarrell all other men who dare be so valiantly honest as to dispraise this your heroicke state-service , which hath quite undone them . sir , if you be as really confident of your owne innocency and valour , as you are quarrellous of our pretended calumnies of them , ( who beleeve we have written far more trueth of you , then your self hath done ) i beleeve you will cordially second our petitions , for such a fair publike triall as we desire , and the world expects , after so many printed bravadoes ; otherwise the whole kingdom will pronounce you guilty , and all men of armes , of honour , proclaime you a coward , if you flee a fair publike triall ; wherein i shall punctually follow those texts you point me to , exod. 23-1 , 2 , 7. ( which i wish you had made use of in this cause ) and ayme not so much at victory , or private ends , as verity and publike good in this legall combat , in which i hope to manifest my selfe a true friend to my countrey , and no enemy to your self , but a pious one , of your owne seeking . yours , william prynne . lincolns-inne , 17. novem. 1643. finis . the case of the old secured, secluded, and now excluded members, briefly and truly stated; for their own vindication, and their electors and the kingdoms satisfaction. / by william prynne of lincolns inne esq; one of those members. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91157 of text r203224 in the english short title catalog (thomason e765_2). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 29 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91157 wing p3921 thomason e765_2 estc r203224 99863263 99863263 115453 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91157) transcribed from: (early english books online ; image set 115453) images scanned from microfilm: (thomason tracts ; 117:e765[2]) the case of the old secured, secluded, and now excluded members, briefly and truly stated; for their own vindication, and their electors and the kingdoms satisfaction. / by william prynne of lincolns inne esq; one of those members. prynne, william, 1600-1669. 8 p. printed, and are to be sold by edward thomas, at the adam and eve in little britain, london, : 1660. caption title. imprint from colophon. there are two printings, one slightly revised, order not determined: (1) with side-notes on the last page; text ends "those for whom they served."; (2) last page side-notes and some others lacking; text ends "whereof they were fellow-members.". annotation on thomason copy: "january. 13. 1659.". reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. a91157 r203224 (thomason e765_2). civilwar no the case of the old secured, secluded, and now excluded members, briefly and truly stated;: for their own vindication, and their electors a prynne, william 1660 4984 16 0 0 0 0 0 32 c the rate of 32 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 aptara keyed and coded from proquest page images 2007-04 mona logarbo sampled and proofread 2007-04 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the case of the old secured , secluded , and now excluded members , briefly and truly stated ; for their own vindication , and their electors and the kingdoms satisfaction . by william prynne of lincolns inne esq one of those members . jvly 28. 1648. upon the earnest petitions of the aldermen , common council , & city of london , and most counties of england , miserably oppressed , impoverished , distracted , and well nigh ruined , by above 6. years intestine wars , between the late king and parliament ; the house of commons ( when full and free ) voted , that a treaty should be had in the isle of wight , with the king in person , by a committee appointed by both houses , upon the propositions formerly agreed on , and presented to him at hampton court ; which the lords house unanimously assented to : whereupon commissioners were nominated , and sent accordingly , to treat upon these propositions with the king ; and a special order , made and published by the commons house , september 5. for the respective sheriffs of each county of england and wales , personally to summon all absent members , to meet in the house septemb. 26. under the penalty of 20. l. for not appearing , in regard of the great importance of this treaty , for quieting the distempers , and setling the distracted minds of the people ; and because in the multitude of counsellors there is safety . hereupon all the members repaired to discharge their duty in the house ; after a long deliberate treaty for sundry weeks ( wherein the king assented to all the propositions in terminis ; except 3. * wherein he so far complyed with the desires of both houses , that the differences therein seemed not very considerable ) the treaty being fully concluded , was reported to the house of commons , decemb. 1. upon which the house presently entred into the debate of the kings concessions : those who were against them , desiring no peace nor healing of the kingdoms breaches , made this the question ; whether the kings answer to the propositions , were satisfactory , or not satisfactory ? but those who desired peace and settlement , made this the only state of the question ; whether the answers of the king to the propositions of both houses , were a ground for the house to proceed upon , for the settlement of the peace of the kingdom ? after four dayes and one whole nights serious debate , the question being put as last stated , decemb. 5. it was carried in the affirmative , without any division of the hou●e ; when there were 244. members in it , besides 60 more declaring themselves for it , who through age , cold , and infirmity ( being unable to fit up all night ) departed before the question put , the dissenters being not the third part of the members then present . the army contrary to both houses orders were drawn up to westm. and removed the ordinary gards of the house out of their quarters during this debate , giving out menaces against all who should vote for the concessions , on purpose to interrupt and prevent this vote , and that by confederacy with some of the dissenting members . yet such was the courage , constancy , and sincerity of the faithfull members , that maugre all oppositions and difficulties , they put and carried the vote upon such grounds of reason , truth , justice , honesty and publick interest , as all their opposites were unable to contradict or refute . the vote being passed , the house appointed mr. pierpoint , and six other members to repair that afternoon to the head quarters , to confer with the general and his officers , to keep a right understanding and good correspondency between the house , and the general and army ; and then adjourned till the next morning . the commissioners repairing to the head quarters that afternoon were so rudely treated , that one or two of them were secured by some army-officers , and the rest put off and slighted without any conferrence . decem. 6. the army-officers sent sundry regiments of horse and foot early in the morning to westminster in a warlike manner , who placed themselves in the pallace-yards , the court of requests , hall , court of wards , stairs , lobby of the house , and all approaches to it , to secure and seclude those members who assented to this vote ; collonel pride & other officers who commanded the gard● having a list in their hands of the members names to be secured and secluded , given them , as was reported by cornelius holland , and other dissenting members , that morning they forcibly secluded above 100. members , keeping them out of the house perforce as they came to the lobby , and seised 41. members in the stairs and lobby , pulling two more out of the house it self into which they got before the officers espyed them : these 43. members they secured all day in the queens court , refusing to obey the orders of those then sitting in the house , who being acquainted with their seisure , sent the serjeant twice to command their attendance in the house , without any obedience or success : at night all the secured members but 4 , instead of being caried to wallingford house to treat with the general and officers , as was promised , were unexpectedly thrust into a place called hell in westm : & there kept prisoners on the bare boards all the night , though extreme cold . the next morning 3. more members were seised , and many others secluded , affronted coming to the house . those in hell about 9. of the clock were carried fasting to whitehall , to confer with the general and army-officers , who imperiously made them dance attendance on them in a very cold room without fire ( for sundry hours ) or meat or drink ( but some burnt wine and biskets they sent for thither ) til 7 a clock at night , not vouchsafing so much as to see or confer with any of them , as they promised ; and then sent them prisoners to the kings head and swan , through the snow and dirt , garded with 3 musquetiers apiece and gards of horse besides , like the vilest rogues and traytors ; and there detained most of them prisoners sundry weeks , sending some of them close prisoners to st. james , and afterwards to windsor castle divers months space , without the least particular accusation , impeachment , hearing or tryal . the only cause of this their imprisonment and seclusion , as the officers confess in their answer to the house , touching the grounds of our securing , jan. 3. was our vote of decemb. 5. which the general and general council of officers thus particularly expressed the very next day , decemb. 6. 1648. ( the day they secured and secluded us ) in their proposals and desires to the commons in parliament : wherein they desire , that some members by name may be secured , and brought to justice . and that those members that were guilty in the votes for the treaty , july 28. & decemb. 5. declaring the kings past concessions to be a ground ●or the house to proceed upon , for the settlement of the peace of the kingdom ; have deserted , ●etrayed , and justly forfeited their trusts for the publick and therefore most earnestly desired , that all such faithfull m●mbers who were innocent therein , would immediately by protestation and publick declaration ) acquit themselves from any guilt or concurrence in those votes , as corrupt and destructive : that so the kingdom may know who they are that have kept their trust , and distinguish them from the rest , that have falsified the same ; and that all such as cannot , or shall not acquit themselves particularly , may be immediately excluded or suspended the house , and not readmitted , untill they have given clear satisfaction therein to the iudgement of those who now so acquit themselves and the grounds of such satisfaction be published to the kingdom in obedience to these imperious desires of the general army-council ( the supream legislators , over-ruling both the house and general council of the kingdom ) about 45 or 50 members ( wherof some were army-officers , authors of those proposals , ) sitting under the visible over-awing gards of the army-officers , from december 6. till after all votes and orders passed , that can be produced for our suspension or seclusion , dec. 12 , & 13. rerepealed the votes of july . 28. for the treaty , and decemb. 5. touching the kings concessions , according to the armie officers proposals , as highly dishonourable to the parliament , and destructive to the peace of the kingdom , and tending to the breach of the publick faith of the kingdoms : publishing . a declaration jan. 15. expressing their reasons for annulling and repealing these votes . and dec. 18. & 20. passed 2. orders , that none should sit or act as members , till they had made and subscribed their particular protestation against this vote . in pursute whereof decemb. 20. 34 members ( whereof 15. are now sitting , the rest dead or absent ) entred their dissents and protests against this vote . decemb. 21. 3. more , now sitting , entred theirs : decemb. 25. 6. more ( 5. now sitting ) entred their dissents , yet they sat as an house 4. daies , before 40 of them had entred their protests , and afterwards admitted others to sit , without entring any protestation , contrary to their order . by colour of which orders alone , and of their vote , jan. 11. upon the armie officers answer , that the house doth approve of the substance of the answer of the general council of the officers of the army to the demands of this house touching the securing and secluding of some members thereof : and doth appoint a committee ( of 24 ) to consider what is further to be done upon the said answer , &c. and of another order in pursute of these february 2. ( three dayes after the kings beheading ) they have without any particular accusation , cause , summons or hearing at all , by their * vote of jan. 5. 1659. adjudged and declared ; that the members who stand discharged ( in manner aforesaid ) from voting or sitting as members of this house , in the years 1648. & 1649. doe stand duly discharged by judgement of parliament , from sitting as members of this parliament , during this parliament : ( without so much as naming any one of them particularly in this , or any of their former votes or orders by which they exclude them ) and it is ordered ; that writs do issue forth for electing n●w members in their places . this being the true state of the secured , secluded , and excluded members case , in 1648. & 1649. to which the vote of jan. 5. and their forcible seclusion by their own order , both out of the house and lobby decemb. 27. 1659. relates : the questions in law arising thereupon , are briefly these . 1. whether 3. parts of 4. and above 200 members of the commons house , only for passing the premised vote dec. 5. 1648. in order to the publike peace and setlement of the kingdom , without any sinister respect , after 4 daies & a whole nights debate , according to their judgements , consciences , trusts , duties , oaths , protestation , vow , covenant , the general petitions , desires of their electors , and our 3. distracted kingdoms ; contrary to the sense of the minor part of the house , and general council of army-officers , ( who were but their servants , obliged to obey their just votes , and commands , and no members , judges , to controll them ) may be justly or legally secured secluded , and thus ●nworthily treated by the army-officers , by meer armed power ; and whiles thus secured and secluded the house , be ejected , dismembred , by the votes of 40. or 50. of their fellow members , only upon the army-officers imperious desires , whiles sitting under their horrid visible force ; which by their own and both houses declaration august 20. 1647. ( in case of a contemptible force in respect of this , when no members at all were secluded ) nulls all their votes , orders and ordinances , at and from the very time they are made and passed ? and that without any impeachment , hearing , or trial whatsoever , contrary to all * laws , rules of justice , presidents and proceedings in parliaments , or other courts , in former times . 2. whether every member of parliament by the custom and usage of parliaments , be not obliged , according to his mind and conscience , freely to give his ay , and no , to every question propounded in the house whiles he is present , and finable if he refuse to do it , without the least blame , censure , or pretence of breach of trust ? and whether the freedom of the members debates and votes in the house in matters there propounded , be not the very principal , essential , fundamental privilege of parliament , demanded by every speaker , and granted by every king to the members at the beginning of every parliament , and denominating parliaments themselves ( derived from * parler le ment ) which if once denied , or made criminal ( as now ) & that to the major part , will utterly subvert the very name , essence , and being of all future parliaments ? 3. whether the army-officers and council out of the house , being servants only , commissioned and paid to guard the members privileges , and obey the orders of the house ; and neither electors , nor impowrers of the members secluded ; be sit judges of the majority of the members votes and debates in the house , which they never heard of , nor were present at , but by misreports or relations from others ? and if so , ( as these secluders then and now admit them : ) whether this will not subject those now sitting , and secluding us , with all members of subsequent parliaments , and all their votes , to the judicature of their gards , or any other number of factious people without doors ? yea justifie their own forcible exclusions and dissolutions by cromwell , apr. 20. 1653. and since by lambert and hewson , octob. 13. 1659. for votes and proceedings more unjust and unreasonable than ours of dec. 5. 1648. is supposed to be , and subvert all the rights , privileges , power , authority and honor of english parliaments for ever ? 4. whether it be not a far greater breach of privilege , treason , and levying war against the parliament , in the army-officers , and sitting members at their request , thus forcibly to secure , seclude and eject above 200 members , 3. or 4. times one after another , only for voting freely according to their mindes , consciences ; and refusing to retract and protest against their own and majorities votes ; than for cromwel , lambert , & others , to exclude but 50. 60. or 70. of them , sitting as an house and parliament , being encouraged and justified by their own votes , presidents and commands to seclude and exclude the majority of their fellow members , for voting contrary to the army officers desires and designs , who excluded them upon the same account ? 4. whether it be parliamental , rational , just equitable ( admitting the common , house have power in themselves alone , to vote out any member for misdemeanours or breach of trust , without the lords , which some deny , upon very good * presidents and grounds ) that the far lesser part of the commons house , may forcibly seclude and vote out the greatest part of their fellow members , only for over-voting , & dissenting from them in their judgements ? and not more just and reasonable , that the major part , being the house it self in law and conscience , should judge & vote out this minor part , for their antiparliamentary protestation , & such an unjust forcible seclusion & ejection , as ours by the premises now appears to be to themselves , and all the kingdom ; being the highest breach both of their trust , the privileges & rights of parl. & peoples liberties that ever any members were guilty of since parliaments began ? 5. whether their secluding , and * voting out all the secluded members , in the grosse 1648. 1649. and jan. 5. 1659. without impeachment , summonning , hearing , or nominating any one of them in particular in their votes or o●ders , be not a most unjust , unpresidented , unparliamentary judgement and proceeding , contrary to all rules of justice in all other cases and judicatures whatsoever , & in this and former parliaments ; yea meerly null and void to all intents for its generality and incertainty ; it being the privilege of every member , to be first , accused ; 2ly . summoned to answer his accusation if absent ; 3ly . re-summoned upon default of appearance ; 4ly . to hear his charge , and make his defence , before he be secluded or suspended ; 5ly . to sit and vote in the house till suspended or secluded , by special order and judgement of the house , wherein he is to be * particularly named ; all which circumstances , were punctually observed by themselves , in sir henry vanes case jan. 9. 1659. before they ejected him , since their vote against the secluded members ; which deserved as much right and justice as he , if not far more , who joynd with those mutinous army-officers who excluded them ; 6ly . if many be joyntly or severally accused , by name , they are to make their joynt or several answers and defences , and to receive their particular joynt or several censures , pronounced by the speaker in their hearing at the barre ; as in sr. h. vanes late case ; all which particulars fai●ing , in this general vote against them all ; the meanest of their electors , & of those for whom they serve ( more injured by this vote then themselves ) and all judges , lawyers now sitting with them , will pronounce their vote most absurd and void to all intents , unworthy the wisdom , justice and gravity of those , who stile themselves , the parliament ? 6. whether the ordinance published dec. 15. 1648. in the name of the lords and commons , against a protestation dec. 11. 1648. printed in the name of all the secluded and secured members , ( though not subscribed nor owned publickly by them , nor proved to be published by their order or privity ) disabling all the secured & secluded members to sit any mo●e , during this parl. ( which some pretend the chief ground of their ejection now , though never mentioned nor insisted on before ) without naming , hearing , or disabling any of those members in particular , or adjudging them , the authors of that protestation , be not meerly void & null to all intents , being so general and indefinite , made only by 3. or 4. lords , and 50. commoners at most , fitting under that very force , which then secluded , imprisoned the major part both of the lords and commons house , and so declared nul and void by the speakers letter , july 29. and the ordinance of both houses , august 20. 1647 ? whether the major part of the commons and lords house then forcibly secluded , might not by vertue of this ordinance , as well as their speaker lenthal by his letter , and both houses by that ordinance , declare all proceedings , votes and ordinances in the respective houses , whereof they were members , void and nul to all intents , during their forcible seclusion , and the force then put upon the houses , without any offence or crime at all deserving seclusion ; and were not bound by their protestation , league and covenant , to do it , to preserve their own , and the houses privileges , being the far greater number of members , 5. times more than those who voted them out ? it differing much from the protestation of some of the bishops , committed to the power for their protestation , dec. 1641. 1. because they were not forcibly secluded , as we . 2ly . not the majority of the bishops , much less of the lords house , as we . 3ly . they protested against all proceedings whatsoever in both houses of parliament during their absence ( not seclusion ) from the house , as void and null , til their restitution , not in the lords house alone , which was the chief , if not only exception against their protestat . though there was then no force upon the lords or commons ; but the protest . in the secluded members names protested only against the proceedings in the com. house , during their forcible securing and secluding , and the force upon those that sat . 4ly . they were heard in the lords house concerning it , before they were committed : but none of the secluded members were ever yet heard before their seclusion or securing . 5ly . they were only imprisoned for their protestation during the lords house pleasure , not excluded & voted out of the house during the parliament . upon all which considerations , the proceedings of the major part of the lords house against them , do no way warrant the declaration of the minority of the com : house and lords , against the majority of the commons house , then under a force and secluded , and the majority of the lords house , together with them . all which the secluded members presume will fully satisfie those for whom they serve , and the whole english nation , world , and their ●ecluders too , of the injustice of their former and late forcible seclusions , and ejections by their premised orders , votes , & vindicate the rights and privileges of parliament , til they can meet together in safety , to draw up a larger decl : of their case & unjust antiparliamentary exclusion , without the danger of a new securing , being all ordered to be seised on at mr. ansleys house in drury-lane the 9th . of this january by a party of 40. musquitiers , and captain commanding them , accompanied with one of the serjeants men , who beset and searched the house to apprehend them , but that they were all departed thence before they came thither , and so escaped their hands ; the cause of this brief publication . the secluded members repute it very hard , and injurious , that they should be thus frequently , and long secluded by force , and many of them * imprisoned divers years , and publickly excluded and slandered by their fellow-members votes behind their backs without hearing , or the least admission to vindicate their innocency and the justice of the vote for which they are secluded , in the house ; and yet be searched after and re-imprisoned and secured by armed gards by order of their secluders , for endeavouring to vindicate their own innocency , parliamentary rights , privileges , and the liberties of those many counties , cities and boroughs , for which they serve , without doors , when as they cannot be admitted to it in the house it self , unlesse they will first eat and retract their former votes , against their consciences , privileges , and abjure their former oaths , protestation , covenant , declarations , by taking a new inforced ingagement : whereupon they desire their few secluders to consider the 1 cor. 12. 14 , &c. for the body is not one member but many , &c. but now god hath set the members every one of them in the body , as it hath pleased him . and if they were all one member , where were the body ? but now are they many ( not few ) members , yet but one body . and the eye cannot say to the hand , i have no need of thee ; nor again the head to the feet , i have no need of them ; nay , much more those members that seem to be more feeble are necessary , &c. that there should be no division in the body , but that the members should have the same care one for another . and whether one member ( much more when most of them ) suffer , all the members suffer with it ; or one member be honoured , all the members rejoyce with it . which consideration , with that of mat. 7 12. therefore whatsoever ye would that men should do unto * you , do you even so to them , for this is the law and the prophets 1 thes. 4. 6. let no man over-reach , oppress , or defraud his brother ( much lesse so many brethren of eminency ) in any matter . ( especially in their publick parliamentary trusts , rights , privileges , ) because the lord is the avenger of all such , as we have forewarned and testified ( and their own double forcible seclusion hath fully exemplyfied , ) might now at last convince them of , and convert them from their former injustice and violence , and make them more just and tender towards us than hitherto they have been , either as christians or englishmen , who are members of one and the self-same church , kingdom , parliament , house , formerly united-together in strictest bonds of unity and amity , though now sadly divided by their force and fury , to the ruine both of the church , kingdom , parliament , and the house it self whereof they were fellow-member , and intollerable discontent & oppression of the whole nation , and those for whom they served . finis . london , printed , and are to be sold by edward thomas , at the adam and eve in little britain , 1660. notes, typically marginal, from the original text notes for div a91157e-30 * see mr. prynnes speech dec. 4. 1648. and a vindication of the secured and secluded members . * without any declaration at all to the kingdom , counties cities , boroughs , for which we served , or us , of the reasons , justice , grounds of this their new and former votes which was expected and will be demanded . f●om them . * magna charta , c. 29. 5 e. 3 c. 9. 25 e. 3. c. 4. 28 e. 3. c. 3 42 e. 3. c. 3. petition of right , 3 caroli . * cooks 4. instit. ch. 1. * see my plea for the lords , and registers of parliamentary writs . * these secluders think their votes omnipotent , who can blow up the majority of their fellow members & whole house of lords with the breath of their mouths , like chaff , without any reason expressed , when as the old gunpowder traytors could not blow them up , but with almost as many barrels of gunpowder , as they were then and now members . * cooks 3 instit ● 101. 4 instit. p. ●5 . to 25 , 38 , 39 , * major gen. brown . imp●isoned and close imprisoned 5. years and 2. months . mr. prynne close imprisoned in d●nste , taunton . and pendennis castle 2. years & 8. months . sir will waller , sir will. lewis , sir john clotworthy , commissary copley , and mr. walker , two years or more , without hearing or cause expressed . * in the case of their own seclusion , which they so much condemned in cromwell and lambert . twelve considerable serious questions touching chvrch government sadly propounded (out of a reall desire of vnitie and tranquillity in church and state) to all sober-minded christians, cordially affecting a speedy setled reformation, and brotherly christian vnion in all our churches and denominations, now miserably wasted with civill unnatuall warres, and deplorably lacerated with ecclesiasticall dissentions / by william prynne ... prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56221 of text r32182 in the english short title catalog (wing p4117). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 33 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56221 wing p4117 estc r32182 12354053 ocm 12354053 60077 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56221) transcribed from: (early english books online ; image set 60077) images scanned from microfilm: (early english books, 1641-1700 ; 1025:14) twelve considerable serious questions touching chvrch government sadly propounded (out of a reall desire of vnitie and tranquillity in church and state) to all sober-minded christians, cordially affecting a speedy setled reformation, and brotherly christian vnion in all our churches and denominations, now miserably wasted with civill unnatuall warres, and deplorably lacerated with ecclesiasticall dissentions / by william prynne ... prynne, william, 1600-1669. 8 p. printed by i.d. for michael sparke, senior ..., london : 1644. reproduction of original in the union theological seminary library. eng church polity. church and state -england. great britain -history -civil war, 1642-1649. a56221 r32182 (wing p4117). civilwar no twelve considerable serious questions touching church government. sadly propounded (out of a reall desire of vnitie, and tranquillity in chu prynne, william 1644 5827 66 0 0 0 0 0 113 f the rate of 113 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2002-04 tcp assigned for keying and markup 2002-05 spi global keyed and coded from proquest page images 2002-06 judith siefring sampled and proofread 2002-06 judith siefring text and markup reviewed and edited 2002-07 pfs batch review (qc) and xml conversion twelve considerable serious questions touching chvrch government . sadly propounded ( out of a reall desire of vnitie , and tranquillity in church and state ) to all sober-minded christians , cordially affecting a speedy setled reformation , and brotherly christian vnion in all our churches and dominions , now miserably wasted with civill unnaturall warres , and deplorably lacerated with ecclesiasticall dissentions . by william prynne , of lincolnes inne , esquire . 1 cor. 1.10 . now i beseeech you brethren by the name of our lord jesus christ , that yee all speake the same thing , and that there be no divisions among you : but that ye be perfectly joyned together in the same minde , and in the same judgement . 1 cor. 3.3 , 4. for yee are yet carnall : for whereas there is among you envying , and strife , and divisions , are ye not carnall , and walke as men ? for while one saith , i am of paul , and another , i am of apollo , are ye not carnall ? 1 cor. 14 , 33. god is not the author of unquietnesse , but of peace , as in all churches of the saints . london , printed by i. d. for michael sparke senior , and are to be sold at the blew bible in green arbour , 1644. having neither leisure nor oportunity to debate the late unhappy differences sprung up amongst us touching church governement ( disputed at large by master herle , doctor steward master rotherford , master edwards , master durey , master goodwin , master nye , master sympson , and others , ) which much retard the speedy accomplishment , and establishment of that happy reformation , wee all earnestly pray for , and at least pretend cordially to desire , i have ( at the importunity of some reverend friends , ) digested my subitane apprehensions of these distracting controversies , into the ensuing considerable questions , which sadly pondered , & solidly debated by sober-minded peaceably disposed men of greater ability and vacancy for such a worke , then i enjoy , may put a happy period to all our dissentions about this subject , and heartily unite our devided judgements , affections , the better to secure our selves against the common enemies , who prevaile most by our divisions . 1. whether the gospell being by christs owne injunction , to be (a) preached to all nations and people whatsoever , ( who have their severall established different formes of civill government , lawes , manners , rules , and customes , sutable to their respective dispositions , climes , republikes , ) it can be infallibly evidenced by any gospell text , that christ hath peremptorily prescribed one and the selfe same forme of ecclesiasticall government , discipline , rites to all nations , churches in all particulars from which they may in no case vary , under paine of mortall sin , scisme , or being no true churches of christ , with whom good christians may not safely communicate ? or ( rather ) whether every severall nation , republike and nationall church hath not under the gospell (b) a libertie , and latitude left them to chuse and settle such an orderly form of church-government , discipline , and ecclesiasticall rites , as is most suitable to their particular civill government , lawes manners , customes : alwaies provided it be consonant and no waies repugnant to the word of god , nor prejudiciall to his sincere worship , or the peoples salvation , nor such as hinders their christian communion , amity , charity among themselvs & with other true christian churches ? this being ( as i conceive ) a generally received truth among all (c) protestant churches ; the very substance of the 34. article of the church of england ; of the 77. article of the church of ireland , and of the statutes of 2. & 3. e. 6. c. 1.3 . & 4. e. 6. c. 10.5 . & 6. e. 6. c. 1.1 . eliz. c. 2.8 . eliz. c. 1. and whether some things in all church governments , disciplines , ceremonies whatsoever , are not and must not be left to humane prudence , for which there is no direct precept nor patterne in sacred writ ? which truth is assented to by al parties , churches whatsoever , in theory or practise . 2. whether , if any kingdome or nation shall by a nationall councell , synod and parliament , upon serious debate , elect such a publike church-government , rites , discipline as they conceive to be most consonant to gods word , to the lawes , government under which they live , and manners of their people , and then settle them by a generall law ; all particular churches members of that kingdome and nation , be not thereby actually oblieged in point of (d) conscience & christianity , readily to submit thereto , and no wayes to seeke an exemption from it , under paine of being guiltie of arrogancie scisme , contumacie , and lyable to such penalties as are due to these offences ? 3. whether that forme of ecclesiasticall governement , which hath sufficient ( if not best ) warrant for it in the new testament : the examples of the primitive church , of the best reformed churches in this latter age to backe it ; the resolutions of the most eminent persons for learning and pietie in all protestant churches , approving it , tends most to effect , establish christian (e) vnitie , peace and amity , in the churches , nations , kingdomes embracing it , and with forraign churches professing the same religion ; suites best with the publike civil government , lawes , manners of those realmes who receive it , and serves most effectually to prevent , suppresse all heresies , errors , scismes , factions , diversities of opinions , corruptions of manners libertinisme , injustice , with other inconveniencies which may infest a church or state ; is not to be chosen , rec●ived as a true undoubted church-governement , agreeable to the gospell of christ , and to be preferred before that ecclesiasticall government , which hath no such expresse ●arrant for it in scripture , no patterne for it in the primitive , or best reformed ●●urches , no generall approbation of the most eminent persons for learning ●nd piety in all protestant churches , asserting it ; tendes not to effect maintaine or establish christian vnitie , peace , amitie in the churches , nations , kingdomes embracing it : suits not with their established civill lawes , go●ernment , and is no effectuall meanes to prevent or suppresse , but rather to intro●●ce and foment all heresies , errors , scismes , factions , diversities of opinions , corruptions of manners , libertinisme , injustice ( for want of appeales ) and other inconveniencies , which may infest a church or state ? 4. whether the presbiteriall forme of church-government , if rightly ordered , be not such as is expressed in the former : the independent such as is mentioned in the latter part of the preceding question ? and therfore the first of them rather to be embraced then the last , without any long debate ? 5. whether the grounds and reasons principally in●isted on for an independ●nt church government , be not such as if duly examined , will by unevitable necessary consequence subvert , dissolve , at least imbroyle , endanger all nationall , provincial churches , councels , synods , all setled monarchicall , aristocraticall , or oligarchicall formes of civill governement in nations , republikes , states , cities ; reduce all ecclesiasticall , all civill publike kindes of government , to that which is meerely parochiall or domesticall , and make every small congregation , family , ( yea person if possible ) an independent church and republike , exempt from all other publike laws , or rules of civill and ecclesiasticall government , but what they shall freely elect ; prescribe unto themselves , during pleasure and alter as they see occasion , upon more light of truth revealed ? 6. whether in all nations ages , from the first preaching of the gospell till this present as christians and beleevers multiplied , particular churches , did not likewise multiply , which had a dependency on , and communion one with another , and were all subordinate to nationall or provinciall synods , and publike ecclesiasticall constitutions ? and whether any one example of such a particular independent congregationall church or governement , as some now strennuously contend for , ( or any one eminent writer who maintained the same ) can be produced in any christian nation , kingdome or republike , totally converted to christianity , since christs time , till within our memories ? if yea ; then let the independents nominate the place , age , author , if they can . if not : then doubtlesse that can be no church government of christs or his apostles institution , which had never yet any being , nor approbation in the world , till this present age , for ought that can be proved . 7. whether the selfe-same law of nature , god , and rule of rectified reason , which instructed , warranted all persons , nations , as they multiplyed , from private families to unite themselves into severall villages , * cities , kingdoms , republikes , and to subject themselves to some one or other publike forme of civill government , and such generall laws , ( obliging all persons , societies of men alike ) which they conceived most usefull , necessary for their common safety , and prosperity ; did not heretofore , and now likewise teach perswade & instruct all men to use the selfe-same form of proceeding in matters of church government , as the number of christians , churches multiplyed , or shall yet encrease among them ? since all nations whatsoever upon their conversion to christianitie have proceeded in this method , as all ecclesiasticall histories and the acts of councels testifie ? for example , first one person ( or more ) in a nation was converted to the faith of christ ; who converted his family , and so perchance for a time had a private * church in his owne house ; this family after converted other persons , families by degrees , who united themselves into a congregationall or parish church ; after which the christians multiplying , and their princes , magistrates , nations embracing the christian religion , they divided themselves into many parochiall churches , diocesse , provinces ; none of which parochiall churches , when multiplyed and the whole nation converted , either were or claimed to be independent but were ever subordinate to (h) nationall or provinciall synods , classes , to the (i) common councell of presbyters , and governed by generall laws or constitutions , to which they still submitted : just like our new chappells and churches lately built about london and other places which are not independent , but subordinate to the ecclesiasticall lawes and publike setled government of our nationall church . a course observed in all religions , nations in the world since adams time till now , for ought appeares to me . and why this order , dictated by god , nature , and constantly pursued in all nations converted to christian religion , should not be perpetually observed , but independent congregations gathered ; not of infidels , but of men already converted to and setled in the christian faith , of which forme of congregating churches , no one example , ( unlesse derived from the private conventicles of arrians , donatists , and other heretickes , who yet were not independent amongst themselves ) nor any direct scripture , reason , or authority can be produced , to satisfie conscience , for ought ever i could yet discerne , nor yet for particular church covenants , ( to which all members must subscribe before admission into independent churches ) i can yet see no ground . 8. whether the concession of one catholike church throughout the world , denied by none : the (k) nationall assembly , and church of the israelites under the law , ( who had yet their distinct synagogues and parochiall assemblies ) instituted , approved by god himselfe ; the synodall assemblie of the apostles , elders , and brethren at ierusalem , acts 15. who (l) made and sent binding de●rees to the churches of the gentiles in antioch , syria , cylicia , and other churches ; compared with the severall generall (m) injunctions of paul in his epistles to timothy , titus , the corinthians , and other churches hee wrote to , touching church discipline , order , government ; seconded with all oecumenicall , nationall , provinciall , councells , synods , and the church government exercised throughout the world , in all christian realmes , states , from their first generall reception of the gospell till this present ; compared with acts 7.38 . c. 2.47 . c. 5.11 . c. 8.1.3 . c. 12.5 . c. 15.22 . c. 20.28 . math. 16.18 . ephes. 3.10.21 . c. 5.25.27.29.32 . col. 1 18.24 . 1 tim. 3.5.15 . be not an infallible proofe and justification of nationall churches ; of a common presbyterian , classicall government , to which particular congregations , persons ought to be subordinate , & an apparent subversion of the novell independent invention ? whether all answers ●iven to these examples & texts , by independents be not , when duly scanned , meere palpable shifts or evasions which can neither satisfie the consciences or judgements of any intelligent christians ? and whether their argument from these phrases n the churches , the churches of christ , of asia , macedonia ; all churches , &c. in the plurall number ( meant only of the churches then planted in severall cities , provinces , regions , nations , under distinct civill governments , comprised in scripture under this aggregate title the church , oft times , and then equivalent to nationall churches derived out of them as the gospell , and beleevers of it multiplied ) be any more or better proofe of particular independent churches in one & the selfe same city , nation , kingdome , republique ; then historians , councells , and canons mentioning of the churches of england , scotland , ireland , wales , france , spaine , or the churches within the province of canterburie , yorke , or diocesse of london , &c. argue , all or any of their parish churches to be independent , not one parochiall church in all these realmes being yet independent , but alwayes subordinate to the whole nationall or provinciall churches , councels , parliaments , synods of these kingdomes , as all authors and experience witnes . 9. whether the independents challenge of the presbyterians to shew them any nationall church , profes●ing christ in our saviours or the apostles dayes , before any one nation totally converted to the christian faith , or any generall open profession made of it by the princes , majestrates and major part of any nation , kingdome , republique , who were then all generally pagans and persecutors of the gospell , not then universally embraced , be not a most irrationall unjust demand ? and whether this argument from thence . there was no nationall church professing christian religion in the apostles dayes ( before any nation totally converted to christianity . ) ergo , there ought to be no such nationall church now ; though the o prophets long before assured us ; and (p) christ with his apostles certainly knew & predicted there should be nationall convertions , churches after their dayes . be not as absurd an argument as these ensuing . there was no nation wholy converted to th●●aith , nor any church-meetings of christians in publique churches , but only in q privat families , caves , corners in the apostles dayes . ergo , no nations ought to be totally converted to the faith , nor any christians to meete in publique churches , but onely in private families , caves , corners now ; as they did then . there was no nation , kingdom , city , republique , catholique , congregationall , or parochiall church in adams yonger dayes , before people were multiplyed , but only a family government , and church . ergo , there ought to be none but an oeconomicall or family government , and church , but no nation , kingdome , city , republike , catholike , or parish church now . no man will be so void of sence or reason to argue thus . every man in his infancy is borne destitute of religion , of the use of speech , reason , understanding , faith , legs , &c. ergo , he ought to continue so when he is growne a man . yet this is the maine argument of some independents . the christian church in the apostles times , whiles she was in her very infancy , and under persecution , was not nationall , but so and so , ( yet never independent . ) ergo , she must not now be nationall , but still necessarily continue in , and be reduced to her primitive infant condition , and to an independent government . when as the very history of the acts , and pauls epistles clearly informe us , that as the number of christians multiplyed , so their (r) churches , church officers multiplyed , their church government , discipline varied . at first the christian church had none but apostles to preach and instruct the people ; but when beleevers multiplyed , then they and the apostles ordained (s) deacons : after that (t) elders , evangelicall bishops , widdowes , with other church officers . and then fell , not only to write new gospells , epistles , canonicall scriptures , and rules of faith , ( as appeares by the whole new testament ) for the churches further instruction , edification , direction , by the speciall guidance of (v) gods spirit : but also to prescribe new necessary (x) rules , canons , directions , with sundry matters of order , discipline , as new occasions were offered , which liberty of ordaining , supplying , instituting new rites , orders , canons , things necessary or expedient for the churches peace and welfare , they transmitted to posterity ; and all churches of christ in all ages , places , yea the independents themselves , have claimed and exercised this very liberty , as their right ; there being many things in their independent government , which have no expresse warrant nor example in sacred wit to justifie them . 10. whether independents can produce any one solid reason , why they ought not ( in point of conscience ) willingly to submit to a presbyteriall government in case it shall be established among us by the generall consent of the synod , and parliament , as most consonant to gods word , the lawes and governement , of our realme ? and if not , whether it will not be justly reputed an high degree of obstinacy , singularity , arrogancy , selfe-ends , and peremptory schisme in them to oppose this forme of governement , or demand a speciall exemption from it , for themselves alone ? when as papists , anabaptists and all other sects may claime the like exemption , upon the like grounds as they alleadge ? 11. whether that independent governement which some contend for , if positively and fully agreed on , and laid downe without disguises , and then duly pondered in the ballance of scripture or right reason , be not of its owne nature , a very seminary of schismes , and dangerous divisions in church , state ? a floud-gate to let in an inundation of all manner of heresies , errors , sects , religions , distructive opinions , libertinisme and lawlesnesse among us , without any sufficient meanes of preventing or suppressing them when introduced ? whether the finall result of it ( as master williams in his late dangerous * licentious booke determines ) will not really resolve it selfe into this detestable conclusion . that every man , whither he be iew , turk , pagan , papist , arminian , anabaptist , &c. ought to be left to his own free liberty of cōscienc , without any coertion or restraint , to embrace & publikely to professe what religion , opinion , church , government he pleaseth , & conceiveth to be truest , though never so erronious , false seditous , detestable in it selfe ? and whither such a government as this ought to be embraced much lesse established among us ( the sad effects whereof we have already experimentally felt , by the late dangerous increase of many anabaptisticall , antinomian , hereticall , atheisticall opinions , as of the souls mortality divorce at pleasure , &c. lately broached , preached , printed in this famous city , which i hope our grand councell will speedily and carefully suppresse , and by our devisions betweene some of our commanders refusing to be dependent or subordinat one to another , ) i referre to the judgement of all such who have any sparkes of love to god , religion , their bleeding dying distracted native country flaming in their brests , or any remainder of right reason residing in their braines . 12. whether the very title of independency be not altogether improper for any man or christian , as such , who is naturally as a man , spiritually as a christian , (y) ●sociable z dependent creature needing both the cōmunion , and assistance of other persons , nations , churches ? whether the national league & covenant we have taken doth not in sundry respects strongly ingage us against independency ? and whether the root from which it originally springs ( if really searched to the very bottom & stript of all disguised pretences ) be not a pharesaical (a) dangerous spiritual prid , vainglorious singularitie , or selfe-conceitednes of mens owne superlative holines ( as they deeme it ) which makes them , contrary to the apostles rule (b) to est●●●● others better then themselves : to deeme themselvs so transendently holy , sanctified , and religious above others , that they esteeme them altogether unworthy of yea wholy exclude them from their communion & church-society , as (c) publicans , hethens , or prophane persons ( though perchance as good , or better christians then themselves ) unlesse they will submitt to their church-covenants , & goverment , refusing all true brotherly familiarity , society with them , & passing oft times most uncharitable censures on their very hearts and spirituall estates ( of which god never made them judges & (d) forbids them for to judge , because he (e) only knowes mens hearts : which hath lately ingendred an extraordinary strangnes unsociablenesse and coldnesse of brotherly affection , if not great disunion , disaffection , and many dissentions among professors themselves , yea , carelesnesse and neglect of one anothers wel●●●●●● our mutuall christian dependency on and relations one to another as christian brethren . as members of the selfe-same state and visible church of christ , f being the strongest bond of unitie , of brotherly love , care , reliefe , and mutuall assistance in all times of neede : it being the common 〈◊〉 & naturall disposition of all men , to g disrespect , neglect the reliefe , assistance ●●re and protection of those who are independent on them , or have no relations to them , no communion with them , and whom they esteem as strangers , with whom they neither have nor thinke fit to have any brotherly church-society ; whence those of different churches , or contrary religions ( as christians , turks , papists , protestants , &c. ) are alwayes for the most part at variance , enmity , seldome or never friendly , brotherly , charitable or assistant one to another . since then this new-invention of independency , is apt to produce snch uncharitablenes , unsociablenesse , strangenesse , differences , coldnesse of brotherly love , care , reliefe , and mutuall assistance , even among christians who professe themselves true saints of god ; and tends apparently to the violation of these principall precepts of the gospell , and cheifest badges of christianity , by which we know we are of the truth , that we are christs disciples indeed ; translated from life to death , and may assure our hearts hereof ; namely ; to love one another : to love all the saints and brethren unfeinedly , not in word & in tongue , but indeed & in truth , with a pure heart fervently : i to walk in love as christ loved us : to put on as the elect of god ( holy and beloved ) bowels of mercy , kindnesse , humblenesse of minde , meeknesse , long-suffering : to be kind and tender hearted one towards another : and above all things to put on charity which is the bond of perfectnesse ; endeavouring to keep the unity of the spirit in the bond of peace , to which we are called in one body ; there being , ( & we all having ) but one body , one spirit , one hope of our calling , one lord , one faith , one baptisme , one god and father of all , who is above all , and thorough all , and over us all ; i humbly referre it to the serious consideration of all pious and peaceable christians , whether it can be any church goverment of christs invention , approbation , or institution fit to be embraced in any christian realme : wherein we should with (k) one minde and one mouth glorifie god ; and all speake the same thing without any divisions among us , being perfectly joyned together in the same minde , and in the same judgement . this gods owne precept ; and it shall be my dayly prayer , it may now prove all our reall practise . i shall close up all with this exhortation of the apostle , necessary for our distracted times ; (l) if there be any consolation in christ , if any comfort of love , if any fellowship of the spirit , if any bowels and mercies , fulfill yee my joy , that you be like minded , having the same love , being of one accord and of one mind , let nothing be done ( henceforth as to much i feare hath formerly bin ) through strife or vain glory ; but in lowlines of mind , let each esteem of others better then himselfe : looke not every man on ( or after ) his owne things , but every man also on the things of others ; (m) and i beseech you brethren marke them which cause divisions & offences , contrary to the doctrine which yee have learned , and avoid them ; follow after the things which make for peace , and such things only wherewith one may edefie another ; laying aside all bitternesse , and wrath , and anger , and clamor , and evill speaking , with all malice , covetousnesse , pride , and self seeking : which duly practised will speedily reconcile and terminate all our differences , eternally unite us in a lasting bond of reall vnity and brotherly love against our . common enemies ; who endeavour to ruin●●s by our unnaturall sad divisions . finis . notes, typically marginal, from the original text notes for div a56221e-270 (a) matth. 28.19 , 20. mar. 16.15 . rom. 10.18 . col. 1 5.6.23 . ephes. 3.5 . to 12. (b) 1 cor. 14.40 . c. 11.34 . (c) see the harmony of confessions section 10 , 11 16. (d) 1 cor. 14.32.33 . rom. 13.1.2 . 1 pet 2 13 , 14 , 15. 1 cor. 10.32.33 . (e) 1 cor. 12.12 . to 29. c. 14.33 . c. 1.10 . to 15. c. 11.16 . eph. 4.3 . to 17 rom. 15.56 . ia. 3.14.15 , 16● 17 , 18. phil. 2.1.2 , 3. 1 cor. 3.3.4 . * gen 4 17. c. 10. & 11 & 14. arist. pol. lib. 1. c. 1.2 . &c. * rom. 16 15 1 cor. 16.19 acts 11.19 . to 25 & 13.14 & 16. and 17. and 18 c. 28.30 , 31. (h) see binius , surius , crab , merlin , syrmond , caranza , and sir hen. spelmans tomes of councels . bochellus de●reta ecclesiae , gallicanae gratian i●o carnote● si● , the harmony of confessions , lyndewood and other canonists . (i) communi presbyter●rum concilio ecclesiae regebantur hier. epist. ad ev●grium & com. in tit. 1. igna●ius . epist. 5.6 18. tertul. apolog : advers. gentes cap. 39. ireneus adv : haereses . l. b 4. c. 43.44 . cyp. epist. 6.18.28.39.45 . sedulius & anselm : in tit. 1. ●ee my antipathy of the english lordly prelacy , &c. part . 2. c 8.9 where this is largely proved . harmony of confessions . sect. 11.12 . (k) exo. 23.17 c. 34.23 , ●4 . c. 35.1 . deu. ●6 . 15 , 17. c. ●1 1. lev. 8.3 num. 8.20 . c. 13.26 iosh. 22.12.10 34. c. 23. 2. c. 24 1. to . 20. iudg. ●6 . 1.2 . c● 2● . 5 . 1 chron. 31.1.10 . 9. c 28.1 , 2. c. 29.1 . &c. ● . chron. 5. ● . c. 6 3.12 , 13. c. 7 , 8 , 9. c. 20 4 , 5.14 c. 23.2.3 . c. 30.1 . to 27. c 31.1 . ezra . 31. c 10 1 &c neh. 8.1.10.18 . luk. 1.41 . (l) acts 15.22 to 32. c. 16 14. c. 21.25 . (m) ● cor. 7.17 c. 11.6 . c. 4. ●3 . c. 16.1.2 . gal. 1.1 . see rev. 1.11.20 . c. 2.7 . c. 22 . 1● . n acts 9.31 . c. 15 . 4● . c. 16 5 rom. 16 . 4● 16. ● cor 7.17 . c. 11 , 16● c. 1● . 33 , 34. c. 16.19 . 2 cor. 8.1 18.19.23 , 24. c. 11.13 . 2 thes●● . ● . rev. 1.11.20 . c. 2.7.11.13.19 . c. 3 6.13.22 . c. 22.16 . o isay 2 2 3. mic 4.1 . to 5. ps. 72.17 . ps , 82.8 . psal. 86.9 . ier. 16.19 mal. 1 . 1● . isa. 11.9 . to 16 c. 9.12.23 . c. 54.1.2 , 3. c. 60.3 . to 22. zach. 8.22 . (p) lu. 2.32 . mar. 13.10 . act. 1● . 46.47.48 . rō . 10.18.20 . ● 1.12 . &c. q rom. 16.5 . 1 cor. 16.19 . col. 4 15. philem. 2.23 . heb. 11.37.38 . acts 20.7.8 . acts 1.13.14 . i●h. 20 19. (r) gal. 1.1 . acts 9.31 . c. 15.41 . c. 16.5 . rom. 16 4.16 . 1 cor 7.17 . r. 11.16 . c. 14.33 . c. 16.19 . 2 co● . 1.18.19.23.24.11.28 , 2 thes. 1 rev. 1. ●1 . 20 c. 22.16 . (s) acts 6.1 . to 8. 1 tim. 3.8 . (t) act 11.30 . c. 15.2.4 . phil. 1.1 . tit. 1.5 . 1 tim. 3. c● to 6. c. 5.17 . iam. 5.14 . 1 pet. 5.1.2 . 1 cor. 1● . 28.29 . eph. 4.21.12 , 13. 1 tim 5.3.9.10 . 2 pet. 1.20.21 . (v) 2 tim. 3.16.2 . (x) 1 cor. c. 1 & 3. & 4. & 5. & 6 c. 11.34 . & 7. & 8. & 9. & 10.11 . & 12. & 14. & 16. &c. 1. 〈◊〉 2 epist. to tim. tit c. 1. & 2. 1 cor 7.17 c. 3.4.3 . * a bloudy tenent . (y) gen. 2.18 . c 9.17 . c. 10.11 . r. 4. arist. polit. l. 1. & ● . z 1 cor. 12.10 31. acts 10.5 . to 48 c. 11.21 . 22 , 26 , c. 15.1 . to 37. 1 cor. 16 1 , 32 , . 2 cor. 2.11.11 . 2 cor. 11.28 . 15. acts 19.9.10 c. 11.21.22 . (a) rom. 10.14 . isay. 65.5 . lu. 18.10 . to 19. pro. 30.12 . math. 7.1 . (b) ph●l . ● . 3 . (c) lu. 18.10.11.12 . math. 18.17 . (d) math. 7.1 . rom. 2.1 . r. 14.10 . (e) 2 chron. 6 , 30 , 17.9.10 . f acts 2.44 , 45 , 46. 1 cor 12.12 to 26. c. 16 ● , ● . 2 . cor 8. ephes. 4 , 3 , 4 , 5 , 6● c. ●● 25 , to 23. 1 tim 5 , 8 , 2. cor 11 , 21. c. 12 , 14. g iudges ● 28. luk 9● 53 , 5● 〈◊〉 8 , 〈◊〉 iohn 13.34 , 35. 1 iohn 4.21 . c 3.14 , 18 , 19● 1 thes. 4.9 1 pet. 1 . 2●● c ●●17 . i ephes. 5 , 2. c 4 . ● to 7. col. 3.12 , 3 , 14 , 15. (k) rom 15.5 6. 1 cor. 1.12 (l) phil. 2.1.2 , 3 , 4. (m) rom. 6.17 . c. 14.19 . c. 12.16 . ephes 4.31 c. 5.3 . a brief, pithy discourse upon i corinthians 14. 40. let all things be done decently and in order. tending to search out the truth in question: whether it be lawfull for church-governours to command and impose indifferent decent things (not absolutely necessary) in the administration of gods worship? written some years past by a judicious divine, and seasonable for our present times prynne, william, 1600-1669. 1661 approx. 34 kb of xml-encoded text transcribed from 9 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a56143 wing p3915 estc r219594 99831055 99831055 35517 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56143) transcribed from: (early english books online ; image set 35517) images scanned from microfilm: (early english books, 1641-1700 ; 2038:25) a brief, pithy discourse upon i corinthians 14. 40. let all things be done decently and in order. tending to search out the truth in question: whether it be lawfull for church-governours to command and impose indifferent decent things (not absolutely necessary) in the administration of gods worship? written some years past by a judicious divine, and seasonable for our present times prynne, william, 1600-1669. [2], 14 p. [s.n.], london : printed in the year, 1661. "a judicious divine" = william prynne. reproduction of the original in the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng bible. -n.t. -corinthians, 1st xiv, 40 -commentaries -early works to 1800. 2002-04 tcp assigned for keying and markup 2002-06 aptara keyed and coded from proquest page images 2002-07 judith siefring sampled and proofread 2002-07 judith siefring text and markup reviewed and edited 2002-08 pfs batch review (qc) and xml conversion a brief , pithy discourse upon 1 corinthians 14. 40. let all things be done decently and in order . tending to search out the truth in this question : whether it be lawfull for church-governours to command and impose indifferent decent things ( not absolutely necessary ) in the administration of gods worship ? written some years past by a judicious divine , and seasonable for our present times . numb . 15. 39. that yee may look upon it , and remember all the commandements of the lord , and do them ; and that yee seek not after your own heart , and your own eyes , after which yee use to go a whoring . gregorius magnus pastoralium , lib. 3. cap. 5. aliter admonendi sunt subditi ; & aliter praelati illi ne subjectio conterat , illi ne-locus superior extollat : illi ut humi●●ter subjaceant ; illi quoque ut temperantur praesint . bishop pilkingtons exposition on the prophet a●di●s , pag. ult . it is not meet that god should be king , and the pope and prelates to make lawes for him to rule by : but god rules by his own laws . london , printed in the year , 1661. * a brief , pithy discourse upon 1 corinthians 14. 40. let all things be done decently and in order . all ( i conceive ) that this place , 1 corinthians 14. 40. let all things be done decently and in order , holdeth forth touching the point of decency and order , may be summed up in these particulars . first , that the whole church and every member thereof are to perform all the duties of gods worship in a decent and orderly manner . secondly , what the church and members thereof are to do in this kind ; that the church-governours may and ought to see it done . thirdly , that it being the duty of church-governours to see that all things in the congregation be done decently and orderly ; it is therefore their part in eminent measure to be able to discern and judge what is decent and undecent , what is orderly and disorderly . now , when i say , it is their part , i mean , it is their duty ; their place and authority requireth it , nor that they alwayes have a power & spirit , of discerning to judge aright in this case ; for , it seemeth , the high-priest with the rest of his brethren and prophtes , yea and david himself , all of them thought it decent to bring back the ark of the lord upon a new cart , which afterward david himself saw and confessed it , was not done after due order , 1. chron. 15. 13. from whence it appeareth ( since they also are subject to errours in this kind ) that it will not be safe for them to judge and declare the decency of things by no better a rule than their own wisedom , judgement and pleasure ; but even they also , as well as the people , must be guided by such rules as the holy ghost direct thus unto in this case , which are the holy and infallible * scriptures , and with scripture , nature and civil-customes ; yea and i willingly also admit the lawfull custom of the church or congregation in which a man liveth : for to judge of decency by all these rules we have warrant in scripture , as 1 cor. 14. 33 , 34. 1 cor. 11. 14 & 16. and indeed , they who are to approve themselves in all their proceedings , ( as * paul did ) and as all church-masters ought to do , to every mans conscience in the sight of god , ought to be seriously guideo by these patterns . it is not fit for them ( i say ) to give for the ground of their proceeding , their own wisedome and pleasure , but it behooves them to justifie their doings therein from such rules , as every good conscience may see approveable , 2 cor. 1. 12. 13. c. 4. 2. fourthly and lastly , this place in hand holdeth forth also farther this truth , that whatsoever thing the church seeth by those former rules to be indifferent and decent , or which church-governors shall by these rules declare so to be , those things may and ought lawfully to be done . for farther clearing whereof , and the better describing of the power of church-governours in these matters ; it may be observed , that of decent things lawfull to be done in gods church , some are ; 1. indifferent and decent only ; as to preach in a gown or a cloak , whereof the one is no more necessary or expedient than the other . but now they are become laudable ceremonies , whereas before they were but ceremonies alone . now are they become necessary rites , godly institutions , seemly ordinances , when as afore they had no such names , and he that disobeyeth them shall not only be judged a schismatick , or felon , but also condemned as a traytor against the king , as iohn bale bp. of ossery writes in his image of both churches , on apoc. 13. f. 108. 2. decent and expedient ; as to abide in single life , or to enter into mariage ; of which though mariage in time of persecution be indifferent , yet single life is more expedient , to prevent the troubles of the flesh , 1 cor. 7. 26. &c. 3. necessary and decent , either alwayes ; as for a woman to keep * silence in the church : or at least hic & nune , in some places and at some times , so as the neglect thereof would be uncomely and unexpedient , by light of 1. nature . 2. scripture . 3. custome . as , a * woman to be unvailed in the congregation in eastern countries ; so , to * abstain from bloud , whilst the eating of it was offensive to the jewes . now , for such things as are necessary and decent , church-governours have power to give order and commandement concerning them . as did the synod at ierusalem touching those things , which they called necessary , to wit , necessary during the time of the offence of the jews ; which was necessary to be avoided , acts 15. 28 , 29. 1. cor. 20. 32. of such things as are decent and expedient , church-governors also have power to declare the decency and expediency of them , yea * and to advise and perswade the practise of them ; but not to give an order or law to binde the people thereunto farther than themselves shall find it expedient and decent for themselves . thus in point of abiding in single-life , in time of the churches distresse , the apostle gives his advise and judgement : 1 cor , 7. 25 , 40. yea and perswaded to it , for avoyding trouble in the flesh , vers. 26. and 28. but would not bind them to it , neither in point of conscience nor of outward practise , as having no command for it from the lord , v. 25. in which respect he calleth such a commandement ( if he had given it ) a snare , v. 35. and herein the power of the church-governours falleth short of the authoritie of civill majestrates , who may in civill-matters make binding laws for any thing expedient , for publike weale , which subjects are readily to submit unto , 1 pet. 2. 13. tit. 3. 1. rom. 13. 1. 2. 5. but * church-governours have not the like power in matters ecclesiastical , to make binding laws for any thing expedient in the churches behoofe , unlesse necessity be joyned with expediencie . against this it may be objected , paul had power to command phil●mon that which was convenient ; phil. 8. therefore he might make a law commanding the church some expedient decent things . it follows not ; for first , it s one thing to give a commandment for once , and that in a particular case , as here ; another thing to make a law to bind one alwayes to doe the like . secondly , it is one thing to command a particular person , in case only of a private wrong , who may owe himself to a church-governour , as philemon did to paul : another thing to command , yea to give a standing command & binding law to a whole church , in worship or ceremonies , to whom he professeth himself only a servant or minister , 2 cor. 4. 5. over whom he hath no authority , but only * stewardly or economically , to wit , when he speaks in his lords or masters name , not in his own . as the steward in a family hath not power over his masters spouse , but when he speaks or shews his masters command or directions , not his own . but , of such things as are only indifferent and decent , i do not find in scripture that ever church governours did lawfully advise and perswade them ; much lesse charge and command them . and that this place in hand , 1 cor. 14. 40. doth not give them any such power ( though it be much urged to this end ) may appear from these reasons . first , the place speaketh not of indifferent decent things , but of necessary . decent things only , the neglect wherof was undecent , and disorderly , by the light of nature , scripture custom . as * for men to wear long-hair , women to be bare-headed , & brayd their hair , for women to speak in the congregation , as also for men to speak many of them at once . secondly , the words of this place run not thus , let all decent things be done ; or , let all things judged or declared by the church-governours to be decent , be done ; but thus , let all things , ( to wit , all ecclesiastical matters ; as all the ordinances of god that are done in the church , all the duties of gods worship ; whether praying , prophesying , psalmes , sacraments , or the like ) be done decently & orderly , in orderly and decent manner . but whether in that decent manner , which church governours do appoint , or in some other , that the apostle limitteth not , but only requireth that all be done decently , which if it be done ( in any decent manner , gesture , warranted by scripture or nature ) his rule here prescribed is fully observed and followed . 3. thirdly , the same may appear out of this place by this argument . if this text of the apostle did give power and authority to church governours to command indifferent decent things , then he that should transgresse the commandement of the church therein , should also transgresse the commandement of the apostle : as , look what order or acts of justice any civil governour doth by vertue of the commission of the king , he that violateth such acts , or transgresseth such orders , transgresseth also against the commandement and commission of the king. but , it appeareth to be otherwise in this * case , as for instance . if the church-governours command a minister to pre●ch alwayes in a gown ( it being indifferent and decent so to do ) he that shall now and then preach in a cloak , transgresseth the command of the church ; but not of the apostle : for he that preacheth in a cloak , preacheth also decently , or else whereto serveth tertullians whole book , * de pallio . now , if so be it be done decently , then it is all that the rule of the apostle requireth in this point . the like may be 〈◊〉 of praying , and of receiving the lords supper standing , kneeling or siting , which are all three lawfull , indifferent and decent gestures , warranted by * scripture presidents , and sitting ( the gesture which doubtless christ and his apostles used when they instituted and received the lords supper ) is a posture of humility and reberence as well as kneeling , alwaies used at suppers and feasts among all nations , as st. august . enarratio in psal. 126. & 138. & ad simplicianum , l. 2. qu. 4. gulielmus stuckius , antiqu. convivialium , l. c. 33. l. 2. c. 34. and walaeus in mat. c. 26. p. 294 , to 299 and in mar. c. 11. v. 25. prove at large ; therefore to confine christians to pray , † or receive the sacrament only kneeling , not standing or sitting , or else to censure or debar them from these ordinances , must needs be without the verge of this text , and so of church-governours jurisdiction , and a high encroachment upon their christian liberty but , because this point is of great consequence both for church governours and others to be truly informed in , give me leave to clear the same from some other arguments ; to wit , that it is not in the power of church-governours to command things meerly decent and indifferent in the worship of god by order of law. that so prelates & clergy men may be right well assured , god never gave unto them authority to make and establish so many ceremonies and traditions which be contrary to the liberty of the gospel , and are blocks in christen mens wayes , that they can neither know nor observe the same his gospel in liberty of conscience , nor attain a ready way to heaven ; as iohn purvey affirmed in his articles . fox acts and monuments , p. 7. 11. 712. first then , that which exceeds the bounds of apostolical authority and straightneth the bounds of christian liberty , is not in the power of any church-governour to command . but to command indifferent decent things , by order of law , exceedeth the bounds of apostolical authority , and straightneth the bounds of christian liberty . ergo , &c. the former of these , to witt , that to command indifferent decent things exceedeth the bounds of apostolical authority , appeareth from the commission granted to the apostles , which was the largest commission that ever christ gave to any church-governours , * mat. 28. 20. where our saviour giveth them commission , to teach all nations to observe all things whatsoever he had commanded them . now , all things whatsoever he hath commanded them are necessary , not indifferent for the people to observe : if therefore the apostles over and above the commandements of christ , which are necessary , should teach the people to observe indifferent things also , which christ hath not commanded , they shall exceed the bounds of their commission , 1 cor. 11. 23. c. 14. 37. 1 cor. 7. 6. 10. it will be in vain to object , that our saviour here speaketh only of matters of doctrine and faith , not of government and order : unlesse it could be proved , that our saviour else where did enlarge this commission , and gave them more unlimited power in matters of government , order or indifferency : which for ought i can see no man goes about to do , unles it be from this place of the corinth . which hath been already cleared ( as i hope ) from any such meaning . as for the second or latter part of the assumption , that to command indifferent decent things straightneth the bounds of christian liberty , is of it self evident . for , whereas ( for example , ) a single man or woman are at liberty to marry where they will , 1 cor. 7. 39. if the apostle had bound them from marriage by any command of his , though they had received that gift of continency , yet he had then straightned and deprived them of their liberty in that particular , 1 tim. 4. 3. 4. col. 2. 20 , 21. 1 cor. 7. 35 , 36 , 37 , 38 , 39 , 40. it is wont to be excepted against this , that christian liberty stands not in the freedome of outward actions , but only in the fredome of conscience . as long therefore as there is no doctrinal necessity put upon the conscience to limit the lawfulness of the use of outward things , christian liberty is preserved , though the use and practise of outward things be limitted . whereto i answer ; 1. that the apostle in this case leaveth the people of god at liberty , not only in point of conscience for lawfulness to marry ; but even in outward actions and practise . let him do ( saith he ) what he will ; he sinneth not , let him be marryed , vers. 30. 38. as who should say , the conscience being free from sin in it , i will put no tye on the outward practise to restrain it . 2. that true christian liberty , consisteth principally in the free actual use of things lawful and indifferent in themselves , and the prohibition or their free actual use to christians is expresly censured as anti-evangelical , a badge of false apostles , of apostlates from the faith , hypocrites , men of seared conscienc●s , anti-christian usurpers , 1 tim. 4. 1. 3. 4 now the spirit speaketh expresly , that in the later times some shall depart from the faith , giving heed to seducing spirits , and doctrines of divels ; speaking lyes in hypocrisy , having their , consciences seared with an hot iron , forbidding to marry , and commanding to abstain from meats which god hath created to be received with thanksgiving : for every creature of god is good , and nothing to be refused if it be received with thanksgiving ; for it is sanctified by the word of god and prayer , col. 2. 20 , 21. wherefore if ye be dead with christ from the rudiments of the world ; why as though living in this world are ye subject to ordinances ? ( or canons ) touch not , tast not , handle not ( no not gods ordinances , sacraments , creatures , but in such vestiments , gestures , postures ) which all are to perish with the using ; which things have indeed a shew of wisdome in will-woorship , and punishing of the body , 1 cor. 4. 5 , 6 have we not power to eat and to drink ? have we not power to lead about a sister , wife , as well as other apostles , and as the brethren of the lord and cephas ? compared with vers . 19. to 24. rom. 14. 2 , 3. for one believeth that he may eat all things another who is weak eateth herbs ; let not him that eateth despise him that eateth not ; and let not him which eateth not , iudge him that eateth for god hath received him . who art thou that iudgest another mans servant ? to his own master he standeth and falleth . but why dost thou judge thy brother ; ( or refrain him in the use of things indifferent ) or why dost thou set at nought thy brother ? we shall all stand before the iudgement seat of christ ? &c. let us not therefore iudge one another any more , but judge this rather that no man put a stumbling block or an occasion to fall in his brothers way , &c. to wit , by any restraints , canons , inhibitions , censures , in or concerning things or ceremonies that are but indifferent , and not absolutely necessary by gods prescription , or the nature of the things themselves . therefore to prohibit any ministers of the gospel who are able and faithfull to preach the word , or to excommunicate or cast them , or any other consciencious christians out of the church , or debar them from the sacrament , because they cannot wear a surplice , kneel at the lords table or supper , or conform to every punctilio in the liturgy or canons , and to deny them their christian liberty in the free use or forbearing of ceremonies which are only decent and indifferent , indirectly repugnant to christian liberty , the gospel of christ , and to acts 4 18 , 19 , 20 , ch. 5. 27 , 28 , 29 , 41 , 42. 1 thes. 2. 14 , 15 , 16. 3 iohn 9. 10. rev. 13. 16 , 17. 1 cor. 7. 8 , 9. 25 , 26 , 27 , 28 , 35 , 36 , 37 , 38 , 39 , 40 gal. 5. 13. 14. the second reason may be this ; they who are not to judge or censure another in differences about circumstantial things or matters of indifferency , they ( surely ) cannot make a binding law , that all men shall be of one mind or of one practice in such things . but the former is true , from the rule of the holy ghost , binding all christians , even the apostle as well as others , rom. 14. 3. let not him that eateth despise him that eateth not , and let not him that eateth not judge him that eateth , for god hath received him . col. 2. 16. &c. ergo , &c. but if it be said here , that this place speaketh only of private christians , not of church-governours . i answer ; the place speaketh of christians private and publick , seeing it referveth and reserreth the judgement of our brethren in such like things , not to publick persons , but only to christ , rom. 14. 4. 10. the third argument or reason is this : they who did accomodate themselves in the use of indifferent things according to the judgement and practice of all christians wheresoever they came , they ( surely ) did not make laws & bind christians to accomodate themselves to their own judgement and practice in the use of things indifferent : but the apostles of christ ( and the † christians too in the primitive churches ) did accommodate themselves in the use of indifferent things according to the judgement and practice of all christians whersoever they came ; as appeareth from the * apostl●s example 1. cor. 9. 10 , 21 , 22 , 23. to the jews ( saith he ) i became as a jew &c ergo , &c. but , here it may be objected , though the apostles rather chose to use their liberty and their ●nity than their authoritie in these indiff●rent things , wheresoever they came ; yet if they had pleased , they might have used their apos●olical authoritie in binding all churches to their judgements and pract●ce in such things . hereunto i answer , first , that doubtless if they had received any such authority , they would in some place or other , and at one time or other have claimed it and practised it : for , a sword never used ●u●●eth in the scabbar● ; and , frustra est potentia quae nunquam venit in actum . i● is a true axiom● , and pertinent to what we speak of . secon●ly , i say , that the apostle himself doth clear the point , when he confesseth he did thus accommodate himself even to the weaknesses of christians , least be should abuse his authority in the gospel , 1 cor. 9. 18 , 19 , 20. o that such governors as plead their succession to the apostles , and doe challenge in sund●ie passages of government apostostolical authoritie , would be pleased to studie and emulate an apostolical spirit ! let a fourth argument be this , that if the synod of apostles , presbyters and brethren of ierusalem did reach their authoritie no farther , than to lay upon the disciples necks the yoke and burthen of necessary things , and that only during the time while they continued necessary ; then * may not any succeeding synod reach their authoritie to lay upon the church commandements and canons of indifferent things ; for , this synod at ierusalem was and ought to be the pattern and president of all succeeding synods ; for , primum in unoquoque genere est mensura reliquorum . and our saviour teacheth us to refute aberrations from primitive-patterns with this , math. 19 8. non sic fuit ab initia . from the beginning it was not so : but the synod at ierusalem reached their authoritie no farther than to lay commandements upon the disciples only touching necessary things , acts 15 , 28 necessarie ( i say ) either in themselves ( as abstaining from fornication ; ) or at least in respect of present offence , as abstaining from blood , &c. and let me conclude this argument taken from the apostle paul his intercourse with the apostle peter , about a matter of this kind : if the apostle peter was to be blamed for compelling the gentiles by his example to observe indifferent things or ceremonies of the jewes ; then other church-governours will be as much blame worthy for compelling christians by law and by grievous censures , to observe the ceremonies now in question , though they were indifferent . but , the apostle tells us , that peter was to be blamed in this case , gala. 2. 11. 14. ergo , &c. now , if any except thereat ( as some are wont to do in this case ) and say , that peter was therefore blamed , because the ceremonies to which he compelled the gentiles were not urged as things indifferent , but as necessarie to justification and salvation . i answer , this is but a mere evasion , and will stand them in no stead ; for , it is certain , peter did not account them as necessary , he knew the contrary , nor did he so use them himself , nor so compel others to them ; but , knowing his liberty for him ( a jew ) to use them among the jewes , he used them onely when the jews came down from ierusalem , out of a tender care to prevent their offence . but , you will urge again , and say : the false teachers did urge them as necessary . i answer ; what then ? so did the christian jewes at ierusalem , yea paul himself used them there , acts 21. 23 , 24 , 26 , 27. notwithstanding the corrupt opinion of worship and necessity which they put upon them , as much as ever did the false teachers in galatia why then ( will you say ) did paul blame that in peter , which he practised himself ? he had indeed blamed peter for that which he practised himself , if he had therefore blamed him for practising such ceremonies , because they were urged by others with a corrupt opinion of necessity and worship . what was then the difference that made the practise of paul lawfull in using the ceremonies at ierusalem , and the practice of peter unlawfull in using the same ceremonies among the gentiles at antioch . i answer ; the difference was this : though that corrupt opinion of the necessity of the ceremonies prevailed alike in both places ; yet the ceremonies themselves had not the like warrant in both places . in ierusalem they were known to have been the commandements of god , and were not yet known to the christian-jewes to have been abrogated , and therefore at ierusalem they had warrant from god to use them , to avoid the offence of the weak jew there . but at antioch and all other churches of the gentile , they were ( at best ) but things indifferent , as having never been commanded of god there ; whence it was , that peter saw his liberty to forbear them there at his fi●st comming . what was then the sin of peter in resuming the practice of the ceremonies there ? his sin was double . first , the abuse of his authority in the church , for that unawares by his example he compelled the gentiles to the use of such ceremonies , as himself saw liberty to forbear amongst them ; and which having never been commanded by god to them , he had no power to impose on them . his other sin was , the dissembling or concealing of his christian liberty which he should then ( then ) have stood upon , when he saw the false teachers urge these ceremonies upon the gentiles as well as upon the iews , to the prejudice of their christian liberty . when things that are indifferent are commanded to be done of necessity ( as now all popes , and prelates ceremonies are ) then are not the same to be obeyed , because the same destroyeth our freedom in christ. the sum of all this will lead us by the hand one step farther , namely ; if it be a sin in church-governours to command ( especially upon strict penalty ) indifferent decent things ; it will be a sin also in ministers , and in private christians to subscribe ex animo , and to yield obedience by conformity to such commands , although the ceremonies were as good ( indeed ) as they were pretended ( which * i believe they are not ) indifferent-decent-things . for , doth not such voluntarily subscription and conforming to them build up our church-governours , yea and with them ( that which is most to be taken to heart of us , our soveraign civil governours also in the confidence ) that such commandements are as well lawfully given by them , as received and obeyed , yea confirmed and allowed by us ? now to build up or edifie a brother to sin , is properly to offend a brother ; for the proper definition of an offence is , that which edifieth a brother unto sin , as the original word expresseth it , 1 cor. 8. 10. and so to sin against a brother , is to wound his conscience ; yea , and as much as in us lyeth , to cause him to perish for whom christ died ; which is no better then spiritual murther of his soul. now , if thus to edifie any brother to sin be so heynous an offence , how much more heynous an offence is it , to edifie our governours to the giving and urging of such commandements , yea and to the sharp censuring of all others , as refractory and factious persons , who choose rather to undergo the losse of the greatest comforts they enjoy in this world , then to wound the consciences either of themselves or of their governours . it is true , by forbearing obedience to those commandements we offend the spirits of our governours , and make them to be ( though causelesly ) offended with us ; but by yielding obedience to these things we should offend their consciences in edifying them to sin , and provoke the lord to be offended with them . better they be offended with us , without fault , then through our fault god to be offended with them and us . it is not for christians ; muchlesse for ministers , to redeem outward peace and liberty at so dear a price as the hazzard of the blood of so many pretious souls , especially of our governours in highest place and authority . this was the authors judgement , with whom our martyr mr. will. tyndall concurs , in his answer to mr. moores first book , p. 285 , 286. our prelates ought to be our servants , as the apostles were , to teach us christs doctrine , and not to lord over us with their own , peter called it tempting of the holy ghost , acts 15 to lade the heathen with ought but that which necessity and brotherly love requireth , and paul rebuking the corinthians and galatians for their over much obedience , warneth all men to stand fast , and not to suffer themselves to be brought into bondage . finis . notes, typically marginal, from the original text notes for div a56143-e180 * which will serve for an answer to dr. alexander read parson of fifield in essex , his idle visitation sermon , ( printed , 1636. ) upon this very text. throughout which he makes his own private fantasies the sole rule of decency , without one word of scripture to back them . * gal. 6. 16. 2 pet. 1. 16. 19. isay. 8. 20. luke 16. 29. * 2 cor. 4. 2. when peter and paul commanded us to obey our superiours , they commanded to obey the bishops in the doctrine of christ , not in their own . tyndals answer to mr. mores first book , p. 286. * 1 cor. 14. 34. 15. 1 tim. 2. 11. 12. * 1 cor . 11. 5 , to 11. * acts 15. 29. * 1 cor. 7. 8 , 9. 12 , 13 , 14 , 25 , 26 &c. cap. 11. 4 , 5 , 13 , 14 , 15 , 16. * see dr. barnes his discourse , that mens constitutions bind not the conscience : p. 297. to 301. objection . answer . * 1 cor. 4. 1. 2. 2 cor. 1. 14 luke 12. 42. to 49. tit. 1. 7. 1 pet. 5. 3. note this . * 1 cor. 11. to 18 c. 14. 2 to 38. 1 tim. 2. 9 , 10. 1 ●●t . 3. 3. * see d. barnes , that mens constitutious bind not the conscience p. 297. to 300. * see la cerda his commentary thereon . * mar. 11. 25. lu. 18. 11. 2 chron. 6. 13. lu. 22 41. acts 3 60. c. 9 40. c. 20. 36. c. 21. 5. 2 sam. 7. 18. 1 chron. 17. 16. ezr. 9. 4. ezech. 20. 1. † mat. 26. 7. 20. mar. 14. 18. lu 22. 14 , 27 , 30. c. 24. 30 , 31. chrysostom , theophilact , beda , beza , walae us , buxtorfius , and others on those texts . * this was the argument of joannes de wesalia abb : uspergensis , paraleipomena , p 419 , to prove . quod praelati non habent autoritarem instituendi leges . objection . answer . argument 2. objection . answer . argument 3. † see niceph. cal. eccles. hist. l. 1 , 2. c. 33 , 34 , 35. socrates eccles . hist l. 5. c. 21 , 22. l. 7. c. 28. ●5 . * see acts 21-23 , 24 , 16 , 27. eusebius eccles . hist. l. 5. c. 21 , to 25. in the english translation . objection . answer 1. note this . argument 4. * see 1 cor. 7. 5 , to 40. col. 2. 19 , 20 , 20. 1 tim 4. 3 , 4 mar 7. 7 , 8 , 9. matth. 15. 9 gal. 1. 10 , 11 , 12. c. 6. 12 , 13. objection . answer . object . answer . objection . answer . quere . answer . q●ere . answer . * this was the iudgement of the author of them . a plain, short, and probable expedient, to settle the present distractions of both kingdomes. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91241 of text r203185 in the english short title catalog (thomason e412_28). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 10 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91241 wing p4030a thomason e412_28 estc r203185 99863237 99863237 161259 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91241) transcribed from: (early english books online ; image set 161259) images scanned from microfilm: (thomason tracts ; 65:e412[28]) a plain, short, and probable expedient, to settle the present distractions of both kingdomes. prynne, william, 1600-1669. 8 p. s.n.], [london : printed in the year. 1647. attributed to william prynne. place of publication from wing. imperfect: print show-through. annotation on thomason copy: "nouemb: :4th". reproduction of the original in the british library. eng great britain -history -civil war, 1642-1649 -peace -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a91241 r203185 (thomason e412_28). civilwar no a plain, short, and probable expedient,: to settle the present distractions of both kingdomes. prynne, william 1647 1630 22 0 0 0 0 0 135 f the rate of 135 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2007-07 tcp assigned for keying and markup 2007-08 aptara keyed and coded from proquest page images 2009-01 emma (leeson) huber sampled and proofread 2009-01 emma (leeson) huber text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion a plain , short , and probable expedient , to settle the present distractions of both kingdomes . printed in the year . 1647. a plain , short , and probable expedient , to settle the present distractions of both kingdomes . the kings former and late refusals to signe the propositions tendred him by the parliaments and commissioners of england and scotland , for the establishment of a lasting peace in both , hath well nigh put them to a losse , how to proceed farther , and what course next to resolve on , for the future settlement and security of both realms , in this their distracted condition . d●●●rs men ( according to their different principles and interests ) have proposed various wayes . some a publike impeachment in parliament to be presently drawn up against the king , to the hazzard of his crown and life ( as in the cases of kingd edward ; and richard the second of england ; and of 〈…〉 the first , 〈…〉 and other kings of scotland ) to which the sectaries and agitators most incline . others , a present change of the monarchicall government into a democraticall , ( which the anabaptists endeavour ) or into an aristocraticall , ( which the independents seem to drive at . the presbyterians and erastians , apprehending these former proposals very dangerous , and inconsistent both with their principles and solemn covenant , meditate some milder and safer courses ▪ but what particularly to fix on , they are yet altogether unresolved . these varieties of opinions multiplying our divisions have occasioned the proposall of this short and cleer expedient , ( not hitherto thought on ) humbly submitted ( as a probationer ) to the test of more exquisite judgements , as the most advantagious , honorable and secure for both , kingdomes to fasten upon , being warranted by divers presidents of like nature in both realms , and most consonant to the solemn league and covenant , by which they are mutually engaged and uni●●● each to other . it is evident by sundry presidents in histories and records that the parliaments of england and s 〈◊〉 〈◊〉 ( as well as of most other kingdomes ) have during the minority , absence , sickness , frenzie , dotage , or other ●●●●rall , accidentall , or criminall disabilities of their kings to discharge their royall office , and dutie usually constituted a viceroy , regent , protector , or custos regni ( being commonly a p●●●e of greatest wisdome , power , and honour , and of royall extraction ) to guard both their persons and realms , and execute all regal acts belonging to the king himself ; but more particularly , to summon and hold parliaments , and to give the royall assent to laws and statutes , and issue out all commissions under the great seal , in the kings name and stead : the reigns of king richard the 1. & ●henry 3. 5. & 6. ed. 3 , 4 , 6. of england ; and of king ●erleg , ruthe● , t●●r● , gill● , corbred ▪ ethodius ( first and second ) kenneth the third and his law , john bayvil james the 1. 3. & 6. queen mary and others of scotland , and one scripture president of king vzziah during his leprosie , 2 kings 1● . 5. 2 chro. 25. 21. wil furnish us with variety of examples of this kind ; in which france it self hath abounded , and affords a present instance in this infant king . if then the parliaments of both kingdoms shal think meet to create a viceroy , regent , protector or custo● regni in each realm forthwith ( as they have frequent done in former times ) to execute all regal acts , summon and hold parliaments , and give the royal assent to all such bils and statutes as shal be necessary for the present settlement of both kingdoms peace , according to their respective propositions tendred to his majesty ; end establish by act of parliament in both realms this ensuing oath , or the like for the king & all his successors solemnly to take before their admission to the royal government ; extracted out of the coronation oaths of the kings of england , scotland , aragon , navarre , bohemia , hungary , poland , sweden and ▪ denmark ( conceived a better security for both kingdoms then any hitherto propounded . ) we c. r. in the name and presence of the most high god ; do solemnly swear to all our leige people of england and scotland , and the dominions thereunto belonging ; that we wil all the days of our life , inviolably maintain , keep and preserve all just laws , customs , rights , franchises and liberties heretofore granted to them , or any of them , by our royal predecessors or our self , together with the respective rights and priviledges of the parliaments of both kingdoms ; the true reformed religion and church government now established in them . that we wil do the best of our skil and power , endeavour intirely to preserve peace and amity between all our realms and people , and cause equal justice to be administred to them in mercy and truth , without partiality , affection , hatred or delay . that we wil neither proclaim , nor make any open war , peace or truce , nor raise any forces in , nor invite , nor bring any forraigns power into any our realms and dominions ; nor impose , nor levy any tax , tallage , subsidy , contribution or benevolence , within our said respective kingdoms and dominions ; nor embase , nor enhance the current coyn thereof ; nor alianate any honours , manners , castles , forts , folds , rents , revenues , jewels , ships , or ordinance belonging to our respective crowns ; nor dispose of ourself , or of our heire apparent to the crown in marriage ; nor dispose of any the great offices of state or judicature in our respective realms ; nor creat any new peers therein , but by common consent of our respective parliaments of both kingdoms . and that we wil likewise give our royal assent from time to time , for the altering or repealing of all such publike laws and statutes as shal be held prejudiciall , and the passing of all such new laws and statutes as shal be judged necessary and beneficial for our people , and presented to us as such , by the parliaments of our respective realms . and if we shal at any time ( which god defend ) wilfully violate all or any the premised particulars , to the griev●●ces or oppression of our people , and shal not upon due information t●ereof , given us by our respective parliaments , nobles , counsellers , officers , or commons of both kingdoms , duly reform the same , to their general satisfaction ; we do here freely and voluntarily profess before god and all the world , tha● then , and from thenceforth , we do and shal hold all our people totally discharged from all bonds of duty , and oaths of alegiance made unto us , til such satisfaction be given them . and that in such cases , it may & shal be lawful for then , and any of them , if they think meet , and necessary freely to assemble together , and to unite their counsels , purses and forces , and to crave and bring in forraign forces from their confederate princes and nations , to withstand and redress , all wilful violations of our said oath , and to suppress all such persons and forces , as shal be ayding or assisting to us therein , in maintenance of their just rights , laws , and liberties , and the publike safety ( to which they were obliged by the laws of god , nature , nations , and of this realm ) without incurring the guilt of treason ▪ insurrection , sedi●ion , rebellion , or any crime , forfaiture or penalty for the same . and that all and every person or persons , who shal be wittingly ayding or assisting to us against our oath and people in such cases : shal be declared , and judged , and proceeded against , to all intents and purposes , as traytors , and publike enemies to us and our respective kingdoms . all this we do cordially and sincerely swear and protest without any equivocation or mental reservation , and that we wil neither directly nor indirectly seek to be absolved from this our solemn oath . so god us help . the speedy establishing of such laws , and this solemn oath by the parliaments of both kingdoms in manner aforesaid , and securing the kings person in a safe and honorable way , til he shal really accord there●y , and fully comply with the desires both of his parliaments and kingdoms , is humbly conceived the safest , best and speediest means ( by gods effectual concurrence ) to produce a firm happy peace and settlement in , and cordial union between both kingdoms , without any breach of covenant , or danger to his majesties person ; the only end of publishing this expedient ; which deserves consideration til a better be propounded . finis . a breife memento to the present vnparliamentary ivnto touching their present intentions and proceedings to depose and execute charles stewart, their lawful king / by william prynne ... prynne, william, 1600-1669. 1649 approx. 45 kb of xml-encoded text transcribed from 9 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-01 (eebo-tcp phase 1). a56140 wing p3910 estc r33477 13390208 ocm 13390208 99360 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56140) transcribed from: (early english books online ; image set 99360) images scanned from microfilm: (early english books, 1641-1700 ; 1554:16) a breife memento to the present vnparliamentary ivnto touching their present intentions and proceedings to depose and execute charles stewart, their lawful king / by william prynne ... prynne, william, 1600-1669. 16 p. [s.n.], london printed : 1649. reproduction of original in the harvard university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -i, -king of england, 1600-1649. great britain -history -civil war, 1642-1649. 2005-12 tcp assigned for keying and markup 2006-03 spi global keyed and coded from proquest page images 2006-05 judith siefring sampled and proofread 2006-05 judith siefring text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion a breife memento to the present vnparliamentary ivnto touching their present intentions and proceedings to depose and exeute , charles stewart , their lawfull king by william prynne esquire : a member of the house of commons , and prisoner under the armyes tyrany ; who it seemes , have leavyed warre against the houses of parliament , their quondam masters ; whose members they now forcibly take and detaine captives , during their lawlesse pleasures . proverb 24. 21 , 22. my son , feare thou the lord and the king , and meddle not with those who are given to change : for their calamity shall rise svddenly , and who knoweth the ruine of them both ? gal. 1.10 . if i yet pleased men , i should not be the servant of christ . london , printed anno dom. 1649. die veneris 20. aug. 1647. an ordinance for declaring all votes , orders , and ordinances passed in one or both houses , since the force on both houses , july 26. until the sixth of this present august , 1647. to be nul and void , vvhereas there was a visible , horrid , insolent , and actual force upon the houses of parliament , on munday the 26 of july last , where upon the speakers , and many members of both houses of parliament , were * forced to absent themselves from the service of the parliament , and whereas those members of the house could not returne to sit in safety , before fryday the sixth of august . it is therefore declared by the lords and commons in parliament assembled that the ordinance of munday the said 26 iuly , for the repealing & making voyd of the ordinance of the 23 of the said iuly for the setling of the militia of the city of london , being gained by force and violence . and all votes , orders , ordinances , passed in either or both houses of parliament , since the said ordinance of the 26 of iuly to the said sixt of august , are nul and void , and were so at the making thereof , and are hereby declared so to be , the parliament being under a force , and not free . provided alwayes and be it ordained that no person or persons shall be impeached or punished for his or their actions by , or upon , or according to the aforesaid votes , orders , or ordinances , unlesse he or they shall be found guilty of contriving , acting , or abetting the aforesaid visible and actual force , or being present at , or knowing of the said force , did afterwards act upon the votes so forced ; or were guilty of entring into , or promoting the late ingagement for bringing the king to the city , upon the tearmes and conditions expressed in his majesties letter of the 12. of may last . iohn brown cler. parliamentorum . a breif memento to the present vnparliamentary iunto , touching their present intentions and proceedings to depose and execute charles stevvard their lawfull king of england , &c. gentlemen . it is the observation of king solomon prov 25.11 . that a word spoken in due season , is like apples of gold in pictures of silver . and seeing i ( and above two hundred members more ) being forcibly secluded from you by the officers of the armies unparaleld violence upon our persons and the house , cannot speak my mind freely to you in , or as the house of commons , i held it my duty freely to write my thoughts unto you , only as private persons under the force , consulting in a house , without your fellow-members advice or concurrence , about the speedy deposing and executing of king charles , your lawfull soveraigne , to please the generall , officers and grand councel of the army ( who have unjustly usurped to them the supream authority both of king and parliament ) or rather the iesuits and popish priests among or neare them , by whose councels they and you are now wholly swayed , and whose trayterous designes you really execute , in most of your late votes and actings . i have only a few words and considerations to impart unto you : dictum sapienti sat est . first , i shall minde you , that by the * common law of the realme , the statute of 25 e. 3. and all other acts concerning treason , it is no lesse then high treason , for any man by overt act , to compasse or imagine the deposition or death of the king , or of his eldest son and heire , though it be never executed : much more if actually accomplished . that many have been arraigned , condemned , executed for such intended treasons in former ages ; as the earle of arundell and others , by judgement in parliament , 21. r. 2. plac coronae . n. 4.6.7 . and the gunpouder traytors . 3. jacobi , to omit others , whose examples should be others admonitions , the heads and quarters of some of them yet hanging on the houses where you now meet and sit . 2dly that , in the oath of allegiance which you have all taken , immediately before your admission into the house as members ; you doe truly and sincerely acknowledge , professe , testifie and declare in your consciences , before god and the world , that our soveraigne lord king charles , is lawfull and rightfull king of this realme , and of all other his majesties dominions and countries , and that the pope neither of himselfe , nor by any authority of the church or see of rome , or by any other meanes , nor any other , hath any power or authority to depose the king , or to dispose of any of his majesties kingdomes or dominions , or to discharge any of his subiects of his allegiance and obedience to his maiesty , or to give leave to any of them , to offer any violence to his maiesties person , state or government . and that notwithstanding any sentence or declaration of deprivation made by the pope , &c. or any absolution of the said subjects from their obedience , you will beare true allegiance , to his majestie , his heires and successors , and him and them wil defend to the uttermost of your power . against all attempts and conspiracies whatsoever , which shall be made against his or their persons , their crowne and dignity , by reason or colour of any such sentence or declaration , or otherwise : and do thereby further swear , that you do from your harts abhor , detest , and abiure as impious and hereticall , that damnable doctrine and position , that princes which be excommunicated or deprived by the pope , may be deposed or murdered by their subiects , or any other whatsoever . and that you doe belive , and in conscience are resolved , that neither the pope , nor any person whatsoever , hath power to absolve you of this oath , or any part thereof ; and that all these things you did plainly and sincerely acknowledge and sweare , according to these expresse words and their plain and common sence , without any equivocation or mentall evasion or secrèt reservation whatsoever , and that you did make this rècognition & acknowledgement heartily , willingly , & truly , upon thè true faith òf a christian . now whether your present actings & intentions against the king , be not diametrically repugnant to this solemn oath ( which most of you have taken sithence these wars ; & some of you since the treaty , when sworn sejeants at law , &c. ) let god and the world before whom you sware , and your own consciences , in which you then swore , determine your acting herein the popes and iesuits designes . * 3dly . that your selves among other members , have in above one hundred remonstrances , declarations , petitions , ordinances and printed papers published in the name , and by the authority of one or both houses of parliament , professed , both to the king himselfe , kingdome , world , and forraign states , that you never intended the least hurt , injury , or violence to the kings person , crown , dignity , or posterity : but intended to him and his royall posterity , more honour happinesse glory and greatnesse , then ever was yet enjoyed by any of his royall predecessours : that you will ever make good to the uttermost with your lives and fortunes , the faith and allegiance , which in truth and sinceritie you have alwayes horne to his majesty , that you have proposed no other ends to your selves , but the performance of all duty and loyalty to his majesties person . that all contributions , and loanes upon the publike faith should be imployed only to maintain the prote●●ant religion ; the kings authority , his person , his royall dignity , the lawes of the land , peace of the kingdome , and priviledges of parliament , and not to be imployed against his majesties person or authority . that the * armies and forces raised by the houses were raised for the safety and defence of the kings person , and of both houses of parliament , &c. that his majestes personall safety , honour and greatnesse , are much dearer to you then your owne lives , and fortunes , which you do most heartily dedicate , and shall most willingly imploy for the maintenance and support thereof . that the parliament will ever have a care to prevent any danger which his majesty may justly apprehend to his person . that both houses are resolved to expose their lives and fortunes , for the defence and maintenance of the true religion , the kings person , honour and state the power and priviledges of parliament : that notwithstanding his majesties proclamations against the general , and army , as traytors , yet to witnesse their constant and unshaken loyalty to his maiesty both houses do solemny declare ; that upon his disbanding his forces , & return & harkning to the advise of his great councel , they will really endeavour to make both him & his as much beloved at home , & feared abroad as any pr. that ever swayed this septer : which is their firm and constant resolution : from which they wil not be diverted for any private or self respects whatsoever : that they will faithfully endeavour to secure his maiesties person & crown , from all dangers : inculcating the apparent danger to his royal person among his popish & malignants armies & ill councelors , & upon that reason , perswading and inviting him to desert them , and close with his parliament : protesting , that the parliament hath been , is & ever wil be more ready then they , to secure and uphold the ●uthority , prerogative and honor of the king , and preserve the safety of his royal person , which they have oft times testified by many humble petitions and declarations to him the world and kingdome : with many other such like expressions . which whether your present actings and counsels do not directly oppose , contradict , and give the lye unto , to your eternall infamy and breach of publique faith , as much as in you lies , let both houses , the world and all men judge ; as they will doe in due season . 4thly . consider , that when the * king and his party did taxe the houses for insinuating , that if they should make the highest presidents of other parliaments their pattern , there would be no cause to complain of want of modesty or duty in them : that is , they may depose the king when they wil , and are not to be blamed for so doing : and that the army raised by the parliament was to murther and depose the king. both houses by two solemne declarations , did most professedly declare and protest against it , as the falsest and most malicious accusation that could be imagined : that the thoughts of it never entred nor should enter into their loyal hearts . that as god is witnesse of their thoughts , so shall their actions witnesse to all the world , that to the honor of our religion ; & of those who are most zealous in it , they shal suffer far more for & from their soveraign then they hoped god would ever permit the malice of his wicked councellors , to put them to , since the happinesse of the kingdome doth so mainly depend upon hi● majesty and the royall authority of that root . that they hoped the contrivers of these false and scandalous reports , or any that professed the name of a christian could not have so little charity as to raise such a scandall , especially when they must needs know , the protestation made by the members of both houses whereby they promise in the presence of almighty god to defend and preserve his maiesties person , the promise and protestation made by the members of both houses upon the nomination of the lord of essex to be generall , and to live and die with him , wherein is expressed , that this army was raised for defence of the kings person . their often , earnest and most humble addresses to his majesty , to leave that desperate and dangerous army wherewith he is now encompassed , raised and upheld to the hazard of his own , and the kingdomes ruine , and to come in person to his parliament , where he should be sure to remain in honour and safety , and their humble petition directed to be presented to him by the hands of the earl of essex , before any blow given , to remove his royal person from the army : a request inconsistent with any purpose to offer the least violence to his person which hath and ever shall be dear unto them . now put it to your soules and consciences whether yours and the armies present councels and actions , doe not really justifie the kings and his parties former suggestions , and give the lye to these declarations of both houses ? who certainly when ever restored to a condition of freedome and liberty of meeting together againe , will crave publike reparations and justice against you , if you violate both their honour , faith , and engagements to the king , kingdome and forraign states , against these their declarations and protestations too . 5thly . remember , that the lords and commons assembled in parliament , octob. 2● . 1642. did in the presence of almighty god [ which is the strongest obligation that any christian , and the most solemne publik faith that any state as a parliament , can give ] for the satisfaction of their own consciences , and discharge of that great trust that lyes upon them , make this protestation and declaration to all this kingdome and nat on , and to the whole world , that no private passion or respect : no evil intention to his maiesties person , no designe to preiudice his iust honour and authority , engaged them to raise forces or take up armes . that if he would return to his parliament in peace , and by their counsels and advice compose the distempers and confusions abounding in his kingdomes , they would receive him with all honour , yeeld him all true obedience , subjection , and faithfully endeavour to defend his person & estate from all danger , and to the uttermost of their power , establish him , in all the blessings of a glorious and happy reign , and that they had no intention or desire to hurt or iniure his maiesty either in his person or iust power . which they seconded by many subsequent declarations . since which , both houses and the three kindomes of england , scotland , and ireland have entred into * a solemn league and covenant , for the honor and happinesse of the kings majesty , and his posterity [ among other ends therein specified ; ] that they shall sincerely , really and constantly endeavour with their estates and lives , to preserve and defend the kings maiesties person and authority , in the preservation and defence of the true religion and liberties of the kingdoms that the world may beare witnesse with their consciences of their loyalty ; and that they have no thoughts , nor intention to diminish his maiesties iust power and greatnesse . that they will , with all faithfulnesse endeavour to discover all evill instruments and incendiaries * dividing the king from his people , that they may be brought to publike tryall : and receive condigne punishment . and shall never suffer themselves directly , or indirectly , by whatsoever combination , perswasion or terrour , to be withdrawne from this blessed union , &c. which so much concerneth the glory of god , the good of the kingdomes , and the honor of the king , but shall all the dayes of their lives zealously and constantly continue therein against all opposition . and conclude . this covenant we make in the presence of almighty god the searcher of all hearts , with a true intention to observe the same , as we shall answer at the great day , when the secrets of all hearts shal be disclosed . this covenant you have all taken your selves , ( some of you often ) and * imposed it on all three kingdomes : and will it not stare in your faces your consciences , and engage god himselfe , and all three kingdoms , as one man against you , if you should proceed to depose the king , destroy his person , or disinherit his posterity ? yea , bring certaine ruine upon you and yours as the greatest * covenant-breakers , and most perjured creatures under heaven . o think , and think most seriously upon it before you proceed to further perjuries . * in 24. e 3. william thrope , cheife iustice of the kings bench , for taking 80 l. bribes of severall persons , was by speciall commission , indited , convicted and condemned to be hanged , and to forfeit all his lands , tenements goods and chattels to the king : because thereby sacramentum domini regis quod ergo populum habuit custodiendum fregit , maliciose , falso & rebelliter , quantum in ipse fuit : which judgement was affirmed to be just and reasonable in full parliament , where it was openly read by the kings command , as is evident by 25. e , 3. rot. parl. nul . 10. if then this chief justice for breaking his oath to the king and his people , as a iudge , only in taking two or three small bribes , deserved to be hanged , and to forfeit all his lands , goods and life , by the judgement of full parliament , then what will such members deserve to suffer , who shall violate , not only their oaths of allegiance and supreamicy to the king and his heires , but likewise the several protestations , solemn league & covenant , and the multiplied publique faith , engagements , declarations , remonstrances , & promises of both houses of parliament , made to god , the king , the whole kingdomes & people of england , scotland , and ireland , the states of the united provinces , and all the world ; an that maliciously , falsely , and rebelliously , as much as in them lies , and their own private faith , oaths , vowes , and covenants involved in them , in deposing and executing the king , disinheriting the prince ▪ violating the priviledges , usurping the power of the parliament to themselves , when most of the other members are violently secluded by the army , to the subversion of the freedom & liberties of all parliaments ? this being one article against king rich. the 2d . in 1. h 4. rot. parl. 25 66 , 70. when he was deposed . that in the parliament held at salop , intended to oppresse his people , he did subtilly procure and cause to be granted , by consent of all the states in the kingdom ( which you have not ) that the power of the parliament should remaine with certain persons ( * lords and commons ) to determine certaine petitions then delivered , but not dispatched , after the parl. ended ; by colour whereof ? the said deputed persons proceeded by the kings pleasure and wil , to other things generally concerning the said parliament , to the great derogation of the state and priviledges of the parliament , and the great inconveniences & pernicious example of the whole realme , and to gain some colour and authority to their doings , the king caused the parliament rolls to be altered and deleated according to his vote , contrary to the effect of the foresaid confession ; as you have presumed to nul repeale , and unvote divers votes , orders and ordinances of both houses made in pursuance of the foresaid oathes , protestations , the solemn league & covenant , remonstrances , declarations of both houses & the treaty , when the houses were full , & not under the armies force or violence : and if their proceedings & the whole parliament of 21. r , were declared * null and void , and the king worthy to be deposed , for such proceedings then ; let serjeant thorp , and other lawyers now acting with you , consider and informe you what punishment you deserve for such breach of faith , priviledge of parliament , & usurpation of a monopoly of parliamentary power to your selves now , whiles under the armies force , and most members forced thence : in which case you ought not to sit , vote , or conclude any thing , but only to * adjourn till the force removed & all members may freely meet in full parl. as is clear by that memorable record of 6 e. 3. par. apud ebor , n. 1.2 . dor. claus 6. e. 3. m. 4.6 . e. 3. apud west . parl . 2. n. 1.13.3 . parl . 2. n. 4.15 . e. n 5.17 . e. 3. n 2.6.18 . e. 3. n. 1.2.5 2● . e 3. n. 5.21 . e. 3. n. 4.22 . e 3. n. 1.25 e. 3. n. 1.29 . e. 3. n. 4.36 . e. 3. n. 1.37 . e. 3. n. 1.42 . e. 3. n. 1.50 . e 3. n. 1.51 . e. 3. n. 3.1 . r. 2. n. 1.3 . r. 2. n. 1.4 . r : 2 n 1. r. 2. n. 1 , 4. r. 2. n. 1.5 . r 2. parl . 1. n. 1. parl 2 n 1.6 . r. 2 parl 1. n. 1. parl . 2. n. 18. h. 4. n. 28.30.54 . 9. h. 4. n. 1.13 . h. 4 ; n. 1. and many more rolls : where the par. when any considerable number of the members of either house were absent , was constantly adjourned , & refused to sit or do any thing , [ though not under any force ] till the houses were full , much more then when under the armies sword : it being against magna , charta , as the * barons declared in parl , anno dom. 1257 : in the reign of k. h. the third for a few members to sit when the rest are absent . 6thly , consider , that though many of the kings of iudah and israel were extraordinary sinfull and idelatrous bloody and tyrannicall great oppressours of their people ; yea shedders of priests ; of prophets , and other good mens innocent blood , not only in the wars but in peace : yet there is not one president in the old testament of any one king ever juditially impeached , arraigned , deposed , or put to death by the congregation , shanhedrin , or parliaments of iudah or israel . that those who slew any of them in a tumultuous or treacherous manner , were for the most part slaine themselves , either in a tumult , or * else put to death by their children who succeeded to the crown , or people of the land : & that the israelites after their revolt from rehoboham : had never any one good king , or good day almost among them : but were over-run with idolatry , prophanenesse , tyranny : invaded by enemies , involved in perpetuall wars , civill or forraign ; and at last all destroyed and carried away captives into babylon : as the books of kings and chronicles will informe you : that the rule in the old testament is , not to take any wicked kings from their thrones and behead them : but * take away the wicked from before the king , and his throne shall be established in righteousnesse . and the rule in the new testament , to be subject to kings and the higher powers , and to submit unto them even for conscience and the lords sake : and to make prayers , supplications , and intercessions for them , that under them we may lead a peacable and quiet life , in all godlinesse and honesty , for this is good and acceptable in the sight of god our saviour : not to depose or shed their bloud , for which there is no precept . and is not this plaine way of god the safest for you and the army to follow , yea the only short cut to peace and settlement ? ruminate upon it , and then be wise , both for your soules good , and the kingdomes too : 7thly . consider that you now meet , and sit under the armed force and violence of a mutinous army , who have leavyed warre against the houses to dissolve them , imprison'd many of your members forcibly secluded more , and driven away almost all from the houses , that til the removal of this horrid force , & reassembling of all your scattered members with freedome and safety in the houses al you vote : act , order or ordaine , by the armies owne doctrine in their remonstrance of august 18 and the declaration and ordinance of both houses ( made at the armies instance ) august 20 1647. is nul and void , even at and from the time it was voted , acted , ordered , ordained , and so declared by your selves even by this unrepealed ordinance and by former parliaments to , as 21. r. 2. c 12.1 . h , 4 c , 3.31 . h 6 c 1 39 h 6 , c 1. and however you may take upon you the name and power of the houses of parliament , and unvote , vote order and ordaine what you please : yet take it for an infallible truth , that none of the * secluded and absent members , none of the counties , cities and burroughs , for which they serve ; not those for whom you serve and represent : nor yet the kingdomes of england , sco●land and ireland ( who have as great or greater shares and interest in the person of the king , as their lawfull soveraign , and are engaged by oaths , covenant , and all the forecited premises to protect his person and crown with their lives and estates against all violence & danger ) with queen , children and allies in forraigne parts of what religion soever , will never own you ( in your present condition and constitut●on ) to be a parliament , but rather a conventicle or iuncto nor any thing you vote , order , or ordain to be * vailed . and therefore what ever you vote , order , or ordaine concerning the treaty , the deposing or executing the king , the disinheriting or banishing the prince , dissolving the present parliament , setting up a new confused representative , or new forme of state goverment , only to please the officers and army , or rather those jesuits and popish priests , who have overreached , & instigated them forcibly to prosecute these their treasonable designes , and accomplish this their long expected desire & work ; you must do only as private men , not as a parliament : and if so , what lesser offence then high treason , against the king , parliament and kingdom , your present actings and proceedings will prove in the conclusion , if you persevere and persist in them , i leave to a free parliament , the learned judges , and all lawyers now sitting and voting among you , to consider and resolve . which the officers and councell of the army considering , would cast the odium , and danger of all upon you , the better to exempt and acquit themselves if after reckonings should come , as probably they may , and certainely will in gods due time , if you and they repent not , give over , and crave pardon ere it be over late . 8ly remember , that no protestant kingdome or state , ever yet defiled their hands , or stained the purity and honour of their reformed religion , with the deposition , or blood of any of their kings or princes , much lesse of a protestant king o● prince , of a temperate and sober life , as the king is , who never immediately imbrued his owne hands in any one mans blood , in any tyranical or bloody way before or since the wars ; ( for ought i can heare ) but only in a military , and for a reforming protestant parl. pretending the most of any to piety & religion , to stain their profession or honour by the deposition , or defile their hands with the blood of a protestant king , or for an army of saints to do it , or they to please a saint-seeming army , and that against so many fore-mentioned oathes , protestations , declarations , remonstrances , solemn league ; and covenants one after another to the contrary , would be such an unparall'd scandall to the protestant religion & all professors of it ( who have upbraided the iesuits and papists with this perfidious & treasonable practise , of which they have been deeply guilty , & themselves innocent ) both in our owne 3 kingdoms and the whole christian world , as would give the greatest occasion , advantage , and encouragement to the jesuites , papists , and all licentious persons to joyne their hands heads , purses to suppresse and extirpate it , and all the professors of it , both at home and abroad , that ever yet they had , and make parliaments for ever hereafter execrable and detestable , both to kings and people . 9ly , consider that scotland & ireland are joynt tenants at least wise tenants in common with us in the king , as their lawfull soveraigne and king , as well as ours ; and that the scots delivered and left his person to our commissioners at newcastle , upon this expresse condition : that no violence should be offered to his person , &c. according to the covenant . how then you can un-king or depose him as to them , or take away his life upon pretext of justice , without their concurrent assents , is worthy your saddest thoughts . if you doe it without asking or receiving their consents , you engage both kingdomes to make a just warre against you , to proclaime and to crowne the prince of wales their king ( though you should lay him aside ) as being next heire apparent . and no ordinance you can now make , will be any legal barre against him , to the crown of eng. where he will find ten thousand persons for one , who will joyn with scotland and ireland to set him upon his fathers throne , as king of england , and avenge his blood , upon all who shall be aiding or assisting to its spillings or his dethroning . and what then will become of you and your army , when thus deserted by most , * opposed by all 3 kingdomes ▪ & all the kings , queens , & princes allies , united forces ; where will you , where will your st. cromwell , st. ireton st. pride , saint peters , ( that fast and loose carnall prophet and arch jesuited incendiary in these present tumults ( with other grand saints of the army , [ who now force you , the generall , army and whole kingdome , upon such dangerous councels as these , by the jesuites principles and practises ] then appeer , to save either themselves , or you , or your posterities from exemplary justice without mercy , or hopes of pardon ? consider this then seriously , if not as christians , yet as polititians and selfe ended men , and then repent and be wise in time . tenthly , remember , that you have neither law nor direct president for what you are going about : * edward the 2d . and richard the 2d . were forced by mortimer , and henry the 4th to resign their crowns in a formall manner , the one to his son , the other to his conquering successor neither of them to the parliament , & then deposed by a subsequent sentence in parliament , as unfit to reign without any formall legall tryall , or answer : and that not in an empty parliament under a force , as now , when most members were forced away and secluded , but in a full parliament , wherein the articles drawen up against them were never so much as read ; and their depositions made [ upon their own voluntary concessions only ] to confirme , their precedent resignations . besides , neither of these kings though very bad and papists , were ever condemned to loose their heads or lives , but were to be well and honourably treated . and those proceedings were only by popish parliaments in time of ignorance , who had no such oaths , vowes , covenants , protestations and other forementioned considerations to tye their hands as you and we all have now , yea this very parl. hath solemnly & particularly protected , * that they did never suffer these presidents to enter into their thoughts , and they should never be their practise what ever they suffered from the king or hi● , and that for the honor of our religion , and the most zealous in it , but that which is very observable , roger mortimer , the principle actor in deposing king edward the 2. & crowning his son edward the 3. king in his stead , [ as you must now crown the prince of wales , in his fathers stead , if you depose the king , else you pursue not this president as you should do ] in the parliament of [ e. 3. in which i find no record concerning this deposall ] was in * a full parliament within four years after , with some other of his confederates * impeached , condemned , and executed as a traytor and enemy to the king and kingdom , by the iudgement of the lords , and that by king edward the third his owne assent , without any legall hearing or tryall , ( just as he had there deposed this king without it ) for murthering king edward in berkeley castle after his deposall : and sir thomas de berkeley , in whose castle he was slain , being indicted of treason likewise for the same murther before the lords in parliament , pleaded not guilty thereunto , & was tried at the lords bar in a legall manner , by a iury of 12 knights there sworn and impannelled , and by them acquitted upon ful evidence and tryal ? when as sir simon de bereford was impeached , condemned and executed by a judgement given against him by the lords alone , without any tryall , for murthering this deposed king , and thomas de gourney & william ocle , adjudged traytors by them for the same offence without any evidence appearing on record . these presidents then ; will be of very hard digestion , and not parall'd to our times , or the kings case : who , having upon the late treaty granted us , for the speedy sett●ement and security of our bleeding kingdoms churches and religion , what ever we could in honor , justice , or reason desire , and farre greater advantages and security then any of our ancestors , or any kingdom under heaven from the creation to this present , demanded or enjoyed from any of their princes , ( as i dare make good to you and all the world : ) and that which the commons house , after two whole dayes and one whole nights debate , thought and voted , a sufficient ground for them to proceed with the king to the speedy se●ling of the kingdoms peace : now you , or the army after such large concessions ; contrary to the votes of both houses when full and free ; can in honor , justice , reason , discretion , or conscience proceed to depose or decapitate the king , as a violater of his faith , a traitor , &c. without making your selves more perjured ; treacherous and greater traytors in all kinds then he ; & incurring the same judgement & execution as you shall passe & inflict upon him : i leave to your saddest consultations to advise of . i have thus freely , faithfully and plainly discharged my mind and conscience to you , without fear or flattery , for the kings , kingdomes , parliaments , protestant religions , ( i am certaine , irelands , almost irrecoverably lost ) your own and the armies weale and safety too , if god in mercy please to give you heads or hearts to make timely use of it , and not suffer your selves to be jesuit-ridden any longer . consider , you have most of you estates , all of you heads or lives , and soules to save , or loose both here and hereafter . if this , and all the precedent considerations will not prevaile with you to take you off from your present desperate councels and proceedings for your own , the kingdoms , churches , religions , irelands , parliaments , your owne posterities , and the armies safety too , ride on triumphantly still in ignatius loyola his fiery chariot like so many young phaitons , till you fall and perish ; it is sufficient for me , hower you digest this present friendly memento to you , and i can truly say , liberavi animam meam ; what ever becomes of you or me . who doe here solemnely protest to all the world against these your proceedings , as altogether nul , void , unparliamentary , illegall , unchristian , if not perfidious and treasonable in these respects . i shall close up all with that golden sentance , of god himselfe , and the wisest of men , king solomon , which is twice repeated , verbatim , that it might be the better remembred and considered by you , and all others in such exigences of publique affaires , as we are now fallen into . prov. 22.3 . & 27 , 12. a prudent man foreseeth the evil and hideth himselfe , but the simple passe on and are punished . and with that which is paralel to it prov. 14.14 , 15 , 16. the simple beleeveth every word , but the prudent man looketh well to his goings . a wise man feareth and departeth from evil , but the fool rageth and is confident , and shall be filled with his own wayes : which is thus interpreted , prov. 1.18.38.32 , 33 : they lye in wait for their owne blood , they lurk privily for their owne lives , whose feet run to evil , and who make hast to shed others blood . for , the turning away of the simple shall slay them , and the prosperity of fooles shall destroy them , but who so hearkeneth unto me shall dwell safely , and shall be quiet from fear of evill . from the kings head in the strand . jan. 1. 1648. your affectionate freind and servant , as farre as you appeare to be gods , your soveraigns , the kingdomes , the parliaments , religions , theirs who have intrusted you , or your owne true freinds . william prynne . prov. 28.23 . he that rebuketh a man , afterward shall finde more favour , then he that flattereth him with his lips . a postcript . i am confident that if the members now meeting at westminster will but perswade the generall , and his protestant officers immediatly to render the oath of supremacy and allegiance , the solemn league and covenant , and the new oath of abjuration , for the better discovery and speedyer conviction of iesuits popish priests and papists consented to by the king in the late treaty , to all the officers agitators , and souldiers in the army , they will presently discover an whole conclave of iesuits , popish priests , and iesuited papists amongst them , who have instigated them , to disobey and force both houses , imprison their members , to impeach , try , execute the king , dissolve the present parliament , subvert the present government , and constitution of parliaments , betray ireland to the rebels , and bring new present confusion ; the practises , designes , and studies , of none but iesuits , and papists ; which all true protestants cannot but abhor . finis . notes, typically marginal, from the original text notes for div a56140-e240 * and yet never a member forcibly imprisoned or secluded the house as above 200. are now by the army . notes for div a56140-e440 * cook 3 institut . 1. stamfords plea● of the crown . l. 1. c. 1. ● . note * exact collections p. 6.19.59.66.6.83.102.103.118.123.125.141.142 , 143.173.180 . 195.219.259.281.307.380.312.360.376.457 . &c. * a collection . &c. 18.13 41 , 43 , 44 49.51 61.64.96.181.182.310.321.424.425.496.599.623.696.806.807.879 . appendix . p. 15. * exact collection . p. 298.695.696.657.658.991 . which they oft profest both of the army under the earl of essex , & sir thom. fairfax to . collection of all orders . &c. 8.13.41.43.44.49.51.61.64.96.99.623.696.879 . appendix . pa. 15. exact . collection p. 663.664 666.687.686.907.911 . * a collection , &c. p. 327.359 399.404.416.420.10.428.806.887.818.878.879.889 . * those who depose or divide his head from his shoulders must be most guilty of this dividing . a collection , &c. p. 420. &c. * 2 tim. 3.3 , 4. * rot. pet. an. 24. e. 3 m. 2. in . dors . rot. pat. n. 25. . e. 3. par . 1. m. 17. cookes . 3. instit . p 141.223 . 21. r. 2. c 16. * l. 1. h. 4 c. 3. * as the house did in the case of the five members , exact . collection , p. 35.10.36 . * matthew paris . p. 882.885.818 . dan. p. 172. * 2 kings . 14.6 . c. 15.30 . c. 21.10.14.25.24 . prov. 25.5 * rom. 13 1.2 . &c. tit. 3.1.2 . 1 pet. 3.13 14 , 17.1 . tim. 2.1.2.3 , * see their protestation . dec. 11. 1648. * see a collection &c. p. 9.3.2.21.2.22 2.25.2.53 . * walsingham . hist . aug. p. 107.108.109 . polichron . 1. c. 44. se. speed holinshed . grafton . in ed. 2. & rich. 2. henry the 4th . * 1. h. 4. rot. parl. n. 1. to 60. where the whole proceedings are at large related . * exact , col , p 695 699. * 4. e 3. rot , par , n. 1. to 7. * 4. e 3. n , 16. 4 e 3. n , 35. king richard the third revived. containing a memorable petition and declaration contrived by himself and his instruments, whiles protector, in the name of the three estates of england, to importune and perswade him to accept of the kingship, and crown of england, by their joynt election, (as if he were unwilling to undertake, or accept, though he most ambitiously aspired after them, by the bloudy murthers of k. henry 6. edward 5. and sundry others) before his coronation; presented afterwards to, and confirmed by the three estates and himself, in his first parliament, to give him a colourable title both by inheritance, and their election to the crown. transcribed out of the parliament roll of 1.r.3. (printed in speeds history of great britain: where his other additionall policies to engage the city of london, lawyers, divines and people, to elect, and make him their king, are at large recorded.) prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91202 of text r203357 in the english short title catalog (thomason e896_5* e903_9). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 25 kb of xml-encoded text transcribed from 6 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91202 wing p3990 thomason e896_5* thomason e903_9 estc r203357 99863331 99863331 168426 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91202) transcribed from: (early english books online ; image set 168426) images scanned from microfilm: (thomason tracts ; 135:e896[5*] or 136:e903[9]) king richard the third revived. containing a memorable petition and declaration contrived by himself and his instruments, whiles protector, in the name of the three estates of england, to importune and perswade him to accept of the kingship, and crown of england, by their joynt election, (as if he were unwilling to undertake, or accept, though he most ambitiously aspired after them, by the bloudy murthers of k. henry 6. edward 5. and sundry others) before his coronation; presented afterwards to, and confirmed by the three estates and himself, in his first parliament, to give him a colourable title both by inheritance, and their election to the crown. transcribed out of the parliament roll of 1.r.3. (printed in speeds history of great britain: where his other additionall policies to engage the city of london, lawyers, divines and people, to elect, and make him their king, are at large recorded.) prynne, william, 1600-1669. [2], 9, [1] p. printed for william leak, at the crown in fleetstreet, betwixt the two temple-gates., london, : 1657. attributed to william prynne. annotation on thomason copy e.903[9]: "march 1st"; the 7 in imprint date has been crossed out and date altered to 1656. reproductions of the originals in the british library. eng richard -iii, -king of england, 1452-1485. cromwell, oliver, 1599-1658 -early works to 1800. great britain -history -edward iv, 1461-1483 -early works to 1800. great britain -kings and rulers -succession -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. a91202 r203357 (thomason e896_5* e903_9). civilwar no king richard the third revived.: containing a memorable petition and declaration contrived by himself and his instruments, whiles protector prynne, william 1657 4190 5 0 0 0 0 0 12 c the rate of 12 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-06 tcp assigned for keying and markup 2007-06 aptara keyed and coded from proquest page images 2009-01 emma (leeson) huber sampled and proofread 2009-01 emma (leeson) huber text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion king richard the third revived . containing a memorable petition and declaration contrived by himself and his instruments , whiles protector , in the name of the three estates of england , to importune and perswade him to accept of the kingship , and crown of england , by their joynt election , ( as if he were unwilling to undertake , or accept , though he most ambitiously aspired after them , by the bloudy murthers of k. henry 6. edward 5. and sundry others ) before his coronation ; presented afterwards to , and confirmed by the three estates and himself , in his first parliament , to give him a colourable title both by inheritance , and their election to the crown . transcribed out of the parliament roll of 1. r. 3. ( printed in speeds history of great britain : where his other additionall policies to engage the city of london , lawyers , divines and people , to elect , and make him their king , are at large recorded . ) eccles. 3. 15. that which hath been , is now , and that which is to be , hath already been : and god requireth that which is driven away . 1 sam. 12. 17 , 19. the lord shall send thunder and rain , that ye may perceive and see , that your wickednesse is great which ye have done in the sight of the lord , in asking you a king . and all the people said unto samuel , pray for thy servants unto the lord thy god , that we die not ; for we have added unto all our sins , this evil , to ask us a king . london , printed for william leak , at the crown in fleetstreet , betwixt the two temple-gates . 1657. in rotulo parliamenti tenti apud westm. die veneris vicessimo tertio die januarii , anno regni regis richardi tertii primo , inter alia continentur ut sequitur . memorand . quod quaedam billa exhibita fuit coram domino rege in parliamento praedicto in haec verba . whereas late heretofore , that is to say , before the consecration , coronation , and inthronization of our soveraign lord king richard the third , a roll of parchment containing in writing certain articles of the tenor underwriten , on the behalf , and in the name of the three estates of this realm of england , that is to say , of the lords spiritual , and temporal , and of the commons by name , and divers lords spiritual and temporal , and other nobles and notable persons of the commons in great multitude , was presented & actually delivered unto our said soveraign lord , the intent and effect expressed at large in the same roll , to the which roll , and to the considerations , and instant petition comprized in the same , our said soveraign lord for the publique weal , and tranquility of this land being duly assented . now for as much as neither the said three estates , neither the said persons , which in their name presented , and delivered as it is aforesaid the said roll unto our said soveraign lord the king , were assembled in form of parliament , by reason whereof divers doubts , questions , and ambiguities been moved and ingendred in the minds of divers persons , as it is said . therefore , to the perpetual memory of the truth , and declaration of the same , be it ordained , provided , and established in this present parliament , that the tenor of the said roll , with all the contents of the same , presented as is abovesaid , and delivered to our abovesaid soveraign lord the king , in the name , and in the behalf of the said three estates out of parliament ; now by the said * three estates assembled in this present parliament , and by authority of the same , be ratified , enrolled , recorded , approved , and authorized to the removing of the occasions of doubts , and ambiguities , and to all other lawfull effects that shall now thereof ensue , so that all things said , affirmed , specified , desired , and remembred in the said roll , and in the tenour of the same , underwritten in the name of the said three estates to the effect expressed in the said roll , be of the like effect , vertue , and force , as if all the same things had been so said , affirmed , specified , and remembred in full parliament , and by authority of the same accepted , and approved , the tenor of the said roll of parchment wherof above is made mention , followeth , and is such . to the high and mighty prince , richard duke of gloucester . pleaseth it your noble grace to understand the considerations , election , and petition underwritten of us the lords spiritual and temporal , and commons of this realm of england , and thereunto agreeable , to give your assent to the common , and publique weal of this land , and to the comfort , and gladnesse of all the people of the same . first we consider , how that heretofore in time passed this land for many years stood in great prosperity , honour , and tranquillity , which was caused for so much as the kings reigning , used and followed the advice , and counsel of certain lords spiritual and temporal , and other persons of approved sagenesse , prudence , policy , and experience , dreading god , and having tender zeal , and affection to indifferent administration of justice , and to the common , and publique weal of the land : then our lord god was dread , loved , and honoured ; then within the land was peace and tranquillity , and among the neighbours concord and charity ; then the malice of outward enemies was mightily resisted , and repressed , and the land honourably defended with many great and glorious victories ; then the intercourse of merchants was largely used and exercised ; by which things above remembred , the land was greatly inriched , so that as well the merchants as the artificers , and other poor people ; labouring for their living in divers occupations , had competent gain , to the satisfaction of them , and their housholds , living without miserable and intollerable poverty . but afterwards , when as such had the rule and governance of this land , delighting in adulation , and flattery , and led by sensuality and concupiscence , followed the counsel of persons insolent , vicious , and of inordinate avarice , despising the counsel of persons good , vertuous , and prudent , such as above be remembred ; the prosperity of this land decreased daily , so that our felicity was turned into misery , and our prosperity into adversity , and the order of policy , and the lawes of god and man confounded , whereby it is likely this realm to fall into great misery , and desolation , ( which god defend ) without due provision of convenable remedie be had in this behalf in all godly haste . over this , among other things more special , we consider how that the time of the reign of edw : 4th . late deceased , after the ungracious pretended mariage ( as all england hath cause to say ) made betwixt the said king edward and elizabeth , sometimes wife to sir iohn gray knight , late naming her self , and many years heretofore queen of england , the order of politique rule was perverted , the laws of god , and of gods church , &c. also the laws of nature , and of england , and also the laudable customs and liberties of the same , wherein every englishman is inheritor , is broken , subverted , and contemned , against all reason and justice : so that the land was ruled by self-will , and pleasure , fear and dread , all manner of equity and law laid apart and despised , whereof ensued many inconveniencies and mischiefs , as murders , extortions , and oppressions , namely of poor , and impotent people , so that no man was sure of his life , land , or livelyhood , ne of his wife , daughter , or servant , every good maiden , and woman , standing in fear to be ravished , and deflowred . and besides this , what discorts , inward battels , effusion of christian mens blouds , and namely , by the destrnction of the nobles blood of this land was had , and committed within the same , it is evident , and notorious through all this realm , unto the great sorrow , and heavinesse of all true english men . and here also we consider , how that the said pretended mariage betwixt the above-named king edward , and elizabeth gray , was made of great presumption , without the knowing and assent of the lords of this land , and also by sorcery and witchcraft committed by the said elizabeth , and her mother iaquet dutchesse of bedford , as the common opinion of the people , and the publique voice , and fame is throughout all this land , and hereafter if the cause shall require , shall be proved sufficiently in time and place convenient . and here also we consider , how that the said pretended mariage was made privily , and secretly , without edition of banes , in a private chamber , a prophane place , and not openly in the face of the church , after the law of gods church , but contrary thereunto , and the laudable custom of the church of england ; and how also at the time of contract of the same pretended mariage , and before and long time after the said king edward was and stood maried , and troth-plight to one dame elinor butler , daughter to the earl of shrewsbury , with whom the said king edward had made a precontract of matrimony , long time before he made the said pretended mariage with the said elizabeth gray , in manner , and form aforesaid . which premisses being true , as in very truth they be true , it appeareth , and followeth evidently , that the said king edward during his life , and the said elizabeth , lived together sinfully , and damnably in adultery , against the law of god and of his church ; and therefore no marvel that the soveraign lord , and head of the land being of such ungodly disposition , and provoking the ire , and indignation of our lord god , such heynous mischief , and inconveniences as are above remembred were used , and committed in the realm amongst the subjects . also it appeareth evidently , and followeth , that all the issue , and children of the said king edward be bastards , and unable to inherit , or claim any thing by inheritance by the law , and custom of england . moreover , we consider how that afterwards by the three estates of this realm assembled in parliament , holden at westminster , anno 17. of the reign of the said king edward the 4th , he then being in possession of the crown , and royal estate , by act made in the same parliament , george duke of clarence , brother to the king edward now deceased , was convicted , and attainted of high treason , as in the said act is contained more at large ; because , and by reason whereof , all the issue of the said george was , and is disabled , and barred of all right and claim that in any case they might have , or challenge by inheritance , to the crown and dignity royal of this realm , by the antient laws and customs of this same realm . over this , we consider , that you be the undoubted heir of richard duke of york , very inheritor of the said crown , and dignity royal , and as in right king of england by way of inheritance ; and that at this time the premises duly considered , there is none other person living but you only , that may claim the said crown and dignity royal , by way of inheritance , and how that you be born within this land , by reason whereof , as we deem in our minds , you be more naturally inclined to the prosperity and common weal of the same , and all the three estates of the land have , and may have more certain knowledge of your birth , and filiation aforesaid . we consider also the great wit , prudence , justice , princely courage , and the memorable and laudable acts in divers battels , which as we by experience know you heretofore have done , for the defence , & salvation of this realm , and also the great noblenesse and excellency of your birth , and bloud , as of him that is descended of the three most royal houses of christendom , that is to say , england , france , and spain , wherefore these premises duly by us considered , we desiring effectually the peace , tranquillity , and weal publique of this land , and the reduction of the same to the antient honourable estate , and prosperity ; and having in your great prudent justice , princely courage , and excellent vertue , singular confidence ; * have chosen in all that in us is , and by that our writing choose you high and mighty prince our king , and soveraign lord , &c. to whom we know of * certain it appertaineth of inheritance so to be chosen . and hereupon we humbly desire , pray , and require your most noble grace , that according this election of us the three estates of your land , as by inheritance ; you will accept , and take upon you the said crown and royal dignity , with all things thereunto annexed , and appertaining , as to you of right belonging , as well by inheritance as by lawfull election ; and in case you so do , we promise to assist and serve your highnesse , as true , and faithfull subjects and liegemen , and to live and dye with you in this matter , and in every other just quarrel ; for certainly we be determined rather to adventure , and commit us to the peril of our lives , and jeopardy of death , than to live in such thraldom and bondage as we have done long time heretofore , oppressed and injured by extortions , and new impositions , against the law of god , and man , and the liberties , and old policy , and laws of this land , wherein every englishman is inherited . our lord god , king of all kings , by whose infinite goodnesse , and eternal providence , all things bin principally governed in this world , lighten your soul , and grant you grace to doe as well in this matter as in all other , that which may be according to his will and pleasure , and to the common and publique weal of this land : so that after great clouds , troubles , storms , and tempests , the sun of iustice and of grace may shine upon us , to the joy and comfort of all true-hearted englishmen . albeit that the right , title , and estate which our soveraign lord king richard the third hath to , and in the crown and royal dignity of this realm of england , with all things thereunto within the same realm , and without it annexed and appertaining , bin just and lawfull , as grounded upon the laws of god & nature , and also upon the antient laws and laudable customes of this said realm ; and also taken , and reputed by all such persons , as bin * learned in the abovesaid laws and custom ; yet neverthelesse , for as much as it is considered , that the most part of the people is not sufficiently learned in the abovesaid laws and customs , wherby the truth & right in this behalf of likelihood may be hid , and not clearly known to all the people , and thereupon put in doubt , and question . and over this , how that the * court of parliament is of such authority , and the people of this land of such a nature and disposition as experience teacheth , that manifestation and declaration of any truth or right , made by the three estates of this realm assembled in parliament , and by authority of the same , maketh before all other things , most faith , and certain * quieting of mens minds , and removeth the occasion of doubts , and seditious language . therefore , at the request , and by the assent of the * three estates of this realm , that is to say , the lords spiritual and temporal , and commons of this land assembled in this present parliament , and by authority of the same , be it pronounced , decreed , and declared , that our said soveraign lord the king was , and is the very undoubted king of this realm of england , with all things thereunto within the same realm , and without it , united , annexed , and appertaining , as well by right of consanguinity and inheritance , as by lawfull election , consecration and coronation . and over this , that at the request , and by the assent and authority abovesaid , be it ordained , enacted , and established , * that the said crown , and royal dignity of this realm , and the inheritance of the same , and all other things thereunto within this realm , or without it , united and annexed , and now appertaining , rest and bide in the person of our said soveraign lord the king , during his life , and after his decease in his heirs of his body begotten , and in especial at the request , and by assent , and the authority aforesaid , be it ordained , enacted , established , pronounced , decreed and declared , that the high and excellent prince * edward , sonne of our said soveraign lord the king , be heir apparent of the same our soveraign lord the king , to succeed to him in the abovesaid crown and royal dignity , with all things ( as is aforesaid ) thereunto united , annexed , and appertaining , to have them after the decease of our said soveraign lord the king , to him , and to the heirs of his body lawfully begotten . quae quidem b●lla communibus regni angliae in dicto parliamento existentibus transportata fuit , cui quidem billae idem communes assensum suum praebuerunt sub hiis verbis : a ceste bille les communs sont assentes ; quibus quidem billa & assensu coram domino rege in parliamento pradicto , lectis , auditis , & plenè intellectis , & de assensu dominorum spiritualium & temporalium in dicto parliamento similiter existentium , et communitatis praedictae ; nec non authoritate ejusdem parliamenti pronunciatum , decretum , & declaratum existit , omnia , et singula in billa praedicta contenta fore vera et indubia , ac idem * dominas rex , de assensu dictorum trium statuum regni , et authoritate praedicta , omnia & singula praemissa in billa praedicta contenta concedit , et ea pro vero et indubio pronunciat , decernit , et declarat . eccles. 1. 9 , 10 , 11 the thing which hath been , it is that which shall be : and that which is done , is that which shall be done ; and there is no new thing under the sun . is there any thing whereof it may be said , this is new ? it hath been already of old time , which was before us . there is no remembrance of former things , neither shall there be any remembrance of things that are to come , with those that shall come after . yet it is both solid piety , policy , prudence , in such an age as this , for all considerate , conscientious englishmen , advisedly to remember , read , consider the tragical ends , * as well as the successfull beginnings , proceedings of this king richard , and his activest instruments , to gain and settle the kingship on him by such politick stratagems . finis . notes, typically marginal, from the original text notes for div a91202e-240 things done & concluded without the 3. estates in parliament , gave little or no satisfaction to the people , though in the name of the parliament & 3. estates . * the 3. estates must concurr to make a parl. else his title would neither be valid , nor satisfactory , but ambiguous , as before : no one or two of them being a full parl. but all 3. conjoyned . the new device of this bloudy usurper , to intitle himself to the crown of england , and take upon him the regal government . good counsellors . administration of justice . merchandise , and trade . merchants . artificers . gains . adulation , avarice . iii counsel . laws confounded . edward the 4 his mariage blemished . laws perverted . liberties , and laws every engl●sh mans inheritance . arbitrary go-force . it s mischievous fruits . murders . extortions . oppressions . incettainty of mens lives & estates . discords . warrs . nobles bloud destroyed . kings mariage without the lords assent , & by sorcery & witchcraf● . void mariage . private mari●●e in a chamber . precontract . edward the 4. his ungodly disposition . his children illegitimate , & bastards . the duke of clarence attainted by parliament . his issue therby not inheritable and uncapableto claim the crown . richard the 3. declared undoubted & only heir to the crown . an englishman by birth . his pretended vertues & fitness to reign as king , without one word of his murders , treasons , regicides , hypocrisy & other vices . his valour in battel . his honourable and royal birth . * his election by the 3. states & this instrument to be k. of england . * they make his hereditary title , the ground of their choice . their petition and importunity to him , to accept of the crown , though himself most eagerly thirsted after i● . his hereditary right thereto , seconded by their election . their promise to assist , serve , & obey him , upon his acceptance thereof , as his subjects , and to live and dye with him . their pretended great thraldom , bondage , oppressions , &c. under his predecessors . extortions . new impositions against laws and liberties . nota. their prayer for him . great trouble ( occasioned partly by himself . ) justice . richard the 3. his hereditary title to the crown by the law of god and nature . * the lawyers flatter , and approve his title . the common people ignorant in the laws . * the parl authority with the people , when true , free , and real , consisting of the 3. estates . * its declaration quieteth all mens minds , removeth all doubts & seditions . yet he that considers 39 h. 6. n. 8. to 33 1 e. 4. n. 8. to 40. will scarce believe this for a truth , neither proved it so in his own case . * the 3. estates must all concurr to make a parliament , and valid election . they decree and declare him undoubted king of this realm , by inheritance and their lawful election coupled together . the crown setled & entailed on him , and the heirs of his body . * his son declared heir apparent . * here he creats & ratifies his own title . * psal. 73. 17 , 18 , 19. ps. 92. 6 , 7. a brief narrative of the manner how divers members of the house of commons, that were illegally and unjustly imprisoned or secluded by the armies force, in december, 1648. and may 7. 1659. coming upon tuesday the 27th of december 1659. ... to discharge their trusts for the several counties and places for which they serve, were again forcibly shut out by (pretended) orders of the members now sitting at westminster, who had formerly charged the army with the guilt of the said force, and professed a desire to remove it, that all the members might sit with freedom and safety. published by some of the said members, in discharge of their trust, and to prevent the peoples being deceived of their liberties and birthright ... prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91152 of text r203219 in the english short title catalog (thomason e1011_4). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 25 kb of xml-encoded text transcribed from 7 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91152 wing p3912 thomason e1011_4 estc r203219 99863259 99863259 115449 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91152) transcribed from: (early english books online ; image set 115449) images scanned from microfilm: (thomason tracts ; 150:e1011[4]) a brief narrative of the manner how divers members of the house of commons, that were illegally and unjustly imprisoned or secluded by the armies force, in december, 1648. and may 7. 1659. coming upon tuesday the 27th of december 1659. ... to discharge their trusts for the several counties and places for which they serve, were again forcibly shut out by (pretended) orders of the members now sitting at westminster, who had formerly charged the army with the guilt of the said force, and professed a desire to remove it, that all the members might sit with freedom and safety. published by some of the said members, in discharge of their trust, and to prevent the peoples being deceived of their liberties and birthright ... prynne, william, 1600-1669. [2], 10 p. printed for edward thomas, at the adam and eve in little britain, london : 1660 [i.e. 1659] by william prynne. huntington library copy has ms. date: 30 dec. 1659. running title reads: a brief narrative of the late forcible seclusion of the members, &c. annotation on thomason copy: "xber [i.e. december] 30 1659"; the date has been crossed out. reproduction of the original in the british library. eng england and wales. -parliament. -house of commons -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a91152 r203219 (thomason e1011_4). civilwar no a brief narrative of the manner how divers members of the house of commons, that were illegally and unjustly imprisoned or secluded by the a prynne, william 1659 4011 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-02 tcp assigned for keying and markup 2007-02 apex covantage keyed and coded from proquest page images 2007-03 pip willcox sampled and proofread 2007-03 pip willcox text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a brief narrative of the manner how divers members of the house of commons , that were illegally and unjustly imprisoned or secluded by the armies force , in december , 1648. and may 7. 1659. coming upon tuesday the 27th of december 1659. ( upon the providential reducing of most of the army to obedience , by the immediate hand of god ) to discharge their trusts for the several counties and places for which they serve , were again forcibly shut out by ( pretended ) orders of the members now sitting at westminster , who had formerly charged the army with the guilt of the said force , and professed a desire to remove it , that all the members might sit with freedom and safety . published by some of the said members , in discharge of their trust , and to prevent the peoples being deceived of their liberties and birthright , for want of right information from those who were elected to represent them , but are forcibly excluded publick councils by some of their fellow members , particularly enumerated . habakkuk 1. 3,4 . spoiling and violence are before me , &c. therefore the law is slacked , and judgement doth never go forth ; for the wicked doth compass about the righteous , therefore wrong judgement proceedeth . london printed for edward thomas , at the adam and eve in little britain , 1660. a brief narrative of the late forcible seclusion of the members of the commons house of parliament . god who never failes by terrible things in righteousness , to make his power and wisdome known to the sinful and rebellious world , having in a wonderful and unexpected way , without hands , or visible means , much broken and weakned that military power , which for eleven years imposed upon this nation at their pleasure , making themselves and their general councils ( a fabrick intended to give laws to the kingdome , instead of parliaments , ) the instruments of their own dissolution and confusion ; the officers with a fear when none pursued , leaving their commands , and the common soldiers wandring about the streets like sheep without a shepherd , ready for any new masters through want of pay , and the members of the house of commons now sitting at westm. being by divers rebukes , and dispersions from the army , prepared to entertain healing counsels ; there were high expectations raised in the good people of the land ( who had layen under the smart and burden of many years unsettlement , illegal arbitrary proceedings , and heavy unjust exactions ) that now the old parliament should again sit and vote freely , as they did before that great interruption in december 1648. the miserable and fatal effects wherof have sadly exercised these three kingdoms ever since . but the ambition of some , and guilt of others representing a free parliament ( though the only probable means of our recovery and settlement , and therefore deservedly in all times the darling of the english nation ) to be a monster that would devour us and our liberties ; in clandestine meetings of some of the members with william lenthal esq ( who by continuing speaker longer than ever any did in england , hath sufficiently discovered to us the danger and mischiefs of such a president ) it was resolved , ( to prevent a free assembling of all the members ) to give secret summons to as many of an ingaged party as might make a house , to meet in the usual place at westminster , on monday the 26. of decemb. 1659. about seven of the clock at night ( it being for the more close disguise published in the licensed diurnal the same morning , that they intended not to sit till tuesday the 27th . ) and accordingly by torch and candle light , ( in the same surreptitious manner as was done on the 7th . of may last , upon the armies invitation ) late in the night upon the said 26th . of december , the speaker , with about forty members more went from whitehall , ( where they met ) the back way thorough channel row to the house , where they sate a good while , and setled the temporary conduct of the embrio army ( for it is yet to form ) in collonel okey , collonel alured , and some others , ordered monies for them , and adjourned till next morning : when , to avoid repetition , you shall have the names of those who appeared to sit , and may be guessed , but could not be so easily discovered to have sate the first night . on tuesday morning the 27th . of december , they made haste early to the house , whereof , and of the former nights practice , some faithfull members of the house , now eleven years secluded by force , having notice , as many of them as could suddenly get together , judged it their duty ( now that the house seemed by an admirable providence of god , to be delivered from that force and bondage they had been under so many years ) to attend the discharge of their trust for their country , and contribute their best assistance and advice for filling of the house , that by full and free councils the sad breaches of these nations might be made up , and our foundations setled . in pursuance of this their resolution there went to the house the persons following , viz. sir gilbert gerard . sir william waller . john crew esquire . arthur annesley esq serjeant maynard . mr. nathaniel stephens . mr. richard knightley . sir . anthony irby . sir john evelin of surry . serjeant waller . collonel leigh . mr. john nelthrop . sir john temple . mr. william prynne . mr. povey . mr. henry hungerford . sir . robert pye . mr. owfield . mr. charles pym . collonel lloyd , and mr. peck . mr. francis bacon , comming alone to demand his right , was excluded before they came . being come to the lobby door through a guard of souldiers that were upon the stairs , we knocked for admittance ; but the door-keeper having opened the door , and seeing us there shut it again , telling us , that he had orders to keep all the secluded members out ; we demanded , from whom ? he said , from the house ; yet two of us that were nearest the door overcame him with reason to let us into the lobby ; with which those that guarded the house door , being ( it seems ) alarum'd , ( for by the whole carriage of the business , it was apparent , they expected we would as heretofore continue our claim in the peoples behalf ) cryed out aloud , cooper , ( which was the name of the outward door-keeper , ) keep close the door , the house hath ordered that none of them should be suffered to come in , and will be very angry if you admit any of them ; whereupon he kept out all the rest , closing the door often upon them striving for entrance when others passed in or out . but those who had already got in , exprest a great resentment of this continued force upon the house , demanding if there were any there who could produce any warrant for what was done ? and telling the guards and officers , there , that it was strange usage to the members of the house , to deny them this privilege of entrance into the lobby , where the very footmen and others were freely admitted ; and how there were some antient members without , viz. sir gilbert gerard , mr. crew , mr. stephens , sir william waller , and others , who could not bear the crowd upon the stairs , and that we liked their company so much the better than what we found within , that unless all were admitted , we and the people took sufficient notice of the force , & affront , and would be gone . yet asked first for the officers that commmanded the guard , who were pretended to have orders for this force , viz. coll. okey , and coll. alured , who being ready at hand were presently brought to us , and after some expostulations , were so far convinced of our rude entertainment , that they caused the door to be open , and let the rest of us into the lobby . our next attempt was , to go into the house ; but then the said collonels desired us to forbear : we asked , by what warrant they kept us out whom they knew to be members , they having sworn obedience to the parliament ? they replyed , they had orders for what they did ; we desired a sight of them , and we would retire , and trouble them no further ; col. alured said , that their order was not about them : but some others , and one hage by name said they had verbal orders to keep us out ; at length col. alured told us , if we would rest our selves in the inner lobby , he would by the serjant acquaint the house of our coming , and demand of admitance ; and accordingly he went presently to the house door , and knocking , the serjant came to the door to him , but at the opening of it , seeing some of us there , offering to come in , held the door almost shut ; whereupon col. alured told him , that the members were come , and endeavoured to get into the house , desiring him to acquaint the speaker , and house so much , ( as some of the members did also ) which he promised , and immediately did , returning to the door , to tell us , that he had done so , and that the house had thereupon taken up the debate of that businesse , and the turn-key presently took the key out of the door , to prevent any further attempt of going in . col. ingolsby , whilst we were at the first door came in , who was the only sitting member that we saw , ( for none came out whilst we were there ; ) him we desired to acquaint the house with our attendance , and the force upon us , which he promised to do , and we believe did . having attended above an hour , with more distance and strangenesse , than ever we were used to , when we went on messages to the lords house , who usually came many of them out , and discoursed very familiarly with us ; whereas not one of these self-made lordlings ( whether out of pride , guilt , or both , let others judge ) vouchsafed to come neer us . we grew weary of waiting so long and servilly upon those who in their highest capacity are but our equals , though we had born it thus sar , to acquit our selves of neglecting no condescention , that might make way to the discharge of the trust we are in for our country . and therefore we made col. alured acquainted , that we were resolved to stay no longer , unless the house declared they desired we should ; whereupon he went again to the house door , which upon his knock being opened , he acquainted the serjant so much , willing him , to give notice thereof to the speaker , and members sitting : which he presently did , and within a short time after , the serjant came out to us , and having made a preamble , that he had no direction to come and tell us any thing , he told us of his own civility , that the house had possed a vote in our business , which in effect was , the appointing the fifth of january , to take it into consideration : which we looked upon as their confirming , and owning this forcible exclusion of us , and so departed . and because we are well assured , that care will be taken with the mercenary pens , to disguise and conceal this affair , as much as they can from the nations , since in the very journal book , all mention of our address and claim in the peoples , and our own rights , hath been industriously avoided , that we may discharge our trust , as far as we can , to the kingdom , we have given this account thereof , and shall now insert the order it self , with the names of the members present at the passing thereof . tuesday decemb. 27. 1659. resolved by the * parliament . that on the fifth day of january next , this * house will take into consideration , the cases of all * absent members , and also how to supply the vacant places in order to the filling up of the * house , and that in the mean time it be referred to a committee to consider of all proceedings and all orders and cases touching absent members , and make their report at the same time , viz. mr. scot . col. feilder . mr. robinson . major salway . sr. james harrington . col. lister . mr. millington . sr. tho. widdrington . lord chief baron wild . mr. say . sr. tho. wroth. mr. skinner . baron hill . * earl of salsbury , mr. garland . col. harvey . mr. fagg , mr. solicitor reynolds . sr. john trevor . mr. lenthal . alderman atkins . mr. pury , mr. challoner . mr. carew ralegh . mr. oldsworth col. dove . col. eyres . col. peter temple . and the said committee are to meet this afternoone at two of the clock , in the speakers chamber ; and so de die in diem , and to adjourn from place to place . besides those named of the committee , there were present in the house , as the best information tells us , these following , viz. sir henry vane . col. henry martin . lord mounson . isaac pennington . col ingolsby . mr. john corbett . col. downes . mr. james temple . mr. cawley . col. white . col. sydenham . mr. robert cicill . mr. strickland . serjeant nicholas . so that it seems the whole number of the house who have made this high breach of the privilege of parliament were 42. which agrees with the entry of a division the same morning in the journal book , upon which there were 41. and 17. besides the tellers , making in the whole * 42. as for the dilatory order it self , ( wherein they make themselves alone our judges , being now our seeluders , ) we shall need say little to it , since it sounds forth its own emptiness , injustice and delusion ; yet we cannot but take notice of the little ingenuity appears in it , to call us absent members , whom they knew to be at the door claiming our right , and to talk of considering the cases of all absent members , when they knew above two hundred of us have no other case to be considered , but that which hath had a lamentable influence upon the whole kingdom , that is to say , our forcible exclusion : which by the course of parliamentary proceedings , they well knew , ought as the most fundamental privilege to be taken into consideration before all other matters , and not to be deferred to another day , much less for ten daies , when the members excluded by force attended in crowds at the door , for a removal of the force . but to say no more , we look upon it ( as subtilly as it seems to be carried ) as a discovery evident enough to discerning spirits , of an intention to deprive double the major part of the house of their liberty to fit , ( notwithstanding their undoubted right of being members , and counsellors of the kingdoms ) and to contract our free and full parliaments , in whose wisedom and faithfullness we have been safe and happy for many generations , to a scant , unsafe oligarchy , though this must not be known till the yoak is sitted for our necks , and a sufficient force setled on them . but since we are now excluded by the act of our fellow-members , we do expect ( and doubt not but the nation will do the same ) some account of the grounds and reasons ( if there be any , other than bare power and will ) why near three parts of four , yet living , of the members of the house of commons , who are of known faithfullness to their country , are thus debarred the liberty of discharging our trusts for those who have elected us , and suffer much by having none in publick councils to represent them , or be sensible of their grievances : and we hope whatever illegal impositions & burthens shall be laid upon the people , or pressures they do undergo during our inforced absence , we shall in the sight of god and man be clear from the blame of , though we make no further attempts to vindicate ours and the peoples rights in such way of address , ( to so few of our fellows ) as would set us below the dignity the peoples free choyce hath placed us in . and though we do not arrogate to our selves supreme authority , or the name of a parliament : nor with that formality used by our fellow-members now sitting , publish our resolutions or opinions to the kingdoms , yet we doubt not the people of england , and the rest of the nations in covenant with us , are now more quick-sighted than ever ( by the experience of many revolutions through male administration of government ) to put a right esteem upon transactions on all hands , and are by solemn oaths and obligations so sufficiently & clearly minded of their duty , & the right constitution of parliaments , that we shall have more need to perswade them to a wise moderation and discreet zeal , than have occasion to warn them of the danger they are in , to lose the liberties of freemen and parliaments for ever , and call upon them to assert those rights , which , though we will never betray nor yield up to any , yet we hold our selves obliged to let them know , we alone are not at present able to defend . we must not conclude , till we mind the people who have intrusted us , that in july 1647. when both houses were under but a sudden , weak and transitory force , there was a judgement past in parliament in * august following , declaring the said force to be treason , and all votes , orders and resolutions passed whilst that force continued , to be null and void , for this only reason , because the parliament was under a force , and not free . and to look further back , because their order providentially reminds us , it may be remembred that the same 5. day of january in the year 1641. upon a small breach of privilege , in comparison to this , made by the late king , in demanding only 5 members of the house of commons , after a particular impeachment of high treason , without secluding any . it is declared by the house * that the same is a high breach of the rights and privileges of parliament , and inconsistent with the liberty and freedom thereof : and therefore this house doth conceive , they cannot with the safety of their own persons , or the indempnity of the rights and privileges of parliaments , sit there any longer , without a full vindication of so high a breach and a sufficient guard . and thereupon they adjourned into london , to sit in a grand committee , and made a high declaration , touching the said breach of privilege ; whereas above 200. of us living , stand still secluded , without the least offer of an impeachment . and which is a sad circumstance in the force , by which we are now secluded , some of them are actors in it , and now sitting in the house , or invited thither , who were very instrumental , in the late interruption , in october last , and in proceedings pursuant thereunto ; as if all crimes in members were venial , but a faithfull adhearing to oaths , trusts , and privileges of parliament unpardonable , charecteristical only of persons unfit to have a share in government , by the interest and judgement of those that forcibly secluded them , though called by the people to it . to conclude , we know not what can be added , to make this kingdom compleatly miserable , but that as the majority of the commons being forcibly excluded , the door is barred againg them , by a few ; so by the same power , such qualifications and tests may be imposed upon the body of the people , as may by being submitted to , deprive us of free parliaments for ever , and contract the suffrages of the people , into the disposure of a very few , to the smart and ruine of all ; which god in his mercy avert . for our parts , we shall have this comfort in the evil day ; if god for the crying abominations of the 3. kingdoms , shall bring it upon us , that we have with faithfulnesse given warning of the inundation , when the cloud was but of the bignesse of a mans hand , and done what we could to prevent it . finis . notes, typically marginal, from the original text notes for div a91152e-350 * so they stile and make themselves already . * if but an house , and that a very thin one , then no parliament as yet . * we were all present . * why the parliament , in the prologue ; and but this , and the house , twice in the body of this vote ? * if a commoner , no earl . * note , that of these 42. members , 2. were earls , uncapable of fitting as commoners ; 2. prisoners in execution , disabled to sit , whiles such : 3. or 4. no members of the old parliament , being elected since the kings death , by writs from the keepers of our liberties ; so as their legal number was but 15. at most , and so no house . * see the ordinance of aug 20 , 1647. * exact collection , p. 36 , 37 , 38 , &c. mr. prinns charge against the king. shewing that the kings design, purpose, and resolution, his endeavours, practice, and conversation, have alwayes been engaged, byassed, and tended to settle, establish, confirm, popery, tyranny, and slavery, in, among, over his dominions, subjects, people, and in order to that design, end, and purpose, he writ to the pope of rome ... engaging himself to the said pope, to endeavour to settle the popish religion only in his dominions; and since his coming to the crown, hath extented extraordinary favonrs [sic] upon, and protection [sic] of notorious papists, priests & jesuits, against all prosecution of lawes enacted against them; notwithstanding all his protestations to the contrary, hath raised up a most horrid, unnatural, and bloudy warre, arming his roman catholique subjects to massacre, plunder, torture, imprison, ruine, his loyall, faithfull pious protestant subjects to burn, sack, and spoile their cities, towns and villages, collected from the bookes written. / by william prinne of lincolns inne, esquire. being but a very small tast from that main ocean of that which he hath written concerning the king, ... prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91160 of text r203359 in the english short title catalog (thomason e526_37). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 22 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91160 wing p3925 thomason e526_37 estc r203359 99863332 99863332 115525 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91160) transcribed from: (early english books online ; image set 115525) images scanned from microfilm: (thomason tracts ; 82:e526[37]) mr. prinns charge against the king. shewing that the kings design, purpose, and resolution, his endeavours, practice, and conversation, have alwayes been engaged, byassed, and tended to settle, establish, confirm, popery, tyranny, and slavery, in, among, over his dominions, subjects, people, and in order to that design, end, and purpose, he writ to the pope of rome ... engaging himself to the said pope, to endeavour to settle the popish religion only in his dominions; and since his coming to the crown, hath extented extraordinary favonrs [sic] upon, and protection [sic] of notorious papists, priests & jesuits, against all prosecution of lawes enacted against them; notwithstanding all his protestations to the contrary, hath raised up a most horrid, unnatural, and bloudy warre, arming his roman catholique subjects to massacre, plunder, torture, imprison, ruine, his loyall, faithfull pious protestant subjects to burn, sack, and spoile their cities, towns and villages, collected from the bookes written. / by william prinne of lincolns inne, esquire. being but a very small tast from that main ocean of that which he hath written concerning the king, ... prynne, william, 1600-1669. [1], 7 p. [s.n.], london : printed in the year 1648. annotation on thomason copy: "[illegible] mber: 4th". reproduction of the original in the british library. eng charles -i, -king of england, 1600-1649 -early works to 1800. great britain -history -charles i, 1625-1649 -early works to 1800. great britain -politics and government -1625-1649 -early works to 1800. a91160 r203359 (thomason e526_37). civilwar no mr. prinns charge against the king.: shewing that the kings design, purpose, and resolution, his endeavours, practice, and conversation, ha prynne, william 1648 3661 11 0 0 0 0 0 30 c the rate of 30 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 aptara keyed and coded from proquest page images 2007-06 pip willcox sampled and proofread 2007-06 pip willcox text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion mr. prinns charge against the king , shewing that the kings design , purpose , and resolution , his endeavours , practice , and conversation , have alwayes been engaged , byassed , and tended to settle , establish , confirm , popery , tyranny , and slavery , in , among , over his dominions , subjects , people , and in order to that design , end , and purpose , he writ to the pope of rome ( stiling him his most holy father , catholiqve majesty , thrise honoured lord & father ) engaging himself to the said pope , to endeavour to settle the popish religion only in his dominions ; and since his coming to the crown , hath extented extraordinary favours upon , and protecti-on of notorious papists , priests & jesuits , against all prosecution of lawes enacted against them ; notwith-standing all his protestations to the contrary , hath raised up a most horrid , unnatural , and bloudy warre , arming his roman catholique subjects to massacre , plunder , torture , imprison , ruine , his loyall , faithfull pious protestant subjects to burn , sack , and spoile their cities , towns and villages , collected from the bookes written . by william prinne of lincolns inne , esquire . being but a very small tast from that main ocean of that which he hath written concerning the king , and his ill beheaviour , since his coming to the crown ; as also with references unto clear , satisfactory , convincing answers unto severall objections , concerning resisting , censuring , suspending , depriving kings for their tyranny , yea capitally proceeding against them , by the said author . london , printed in the year 1648 severall objections concerning the lawfulnesse of opposing , resisting , censuring , suspending , depriving , and ( in some cases ) capitally proceeding against emperours , kings , and princes , for their oppression , tyrannie , cruelty , cleerely , fully , learnedly , and sufficiently answered , by the foresaid author , mr. william prinne . which objections are taken , 1. out of the old testament . 2. out of the new testament . 3. from reason . 4. from the example of primitive christians . 1. from the scriptures of the old testament . object . 1. numb. 16. corah , dathan , and abiram , for their insurrection , of that very divine authority which god himselfe had delegated to moses and aaron , without any injurie and injustice at all once offered to them , or any assault of them , &c , answered , page 84. object . 2. exod. 22. 28. thou shalt not revile the gods , nor curse the ruler of the people . eccle. 10. 20. curse not the king , no not in thy thought , &c. prov. 17. 26 it is not good to strike prines , &c. answered , page 84. object . 3. deut. 32 35. vengeance is mine , &c. answered , page 85. object . 4. eccl. 8. 2 , 3 , 4. i counsell thee to keep the kings commandment , and that in regard of the oath of god ; be not hasty to go out of his sight ; stand not in an evill thing , for he doth whatsoever pleaseth him : where the word of a king is , there is power , and who may say unto him , what doest thou ? answered , page 85 86. object . 5. psal. 105 14. 15. touch not mine annoited , answered , pag. 89. 90. 91. 92 , 93. object . 6. 1 sam , 24 , 6. 10. davids words concerning saul ; the lord forbid that i should do this thing unto my master the lords annoynteed , to stretch forth my hand against him , seeing he is the lords annoynted ; i will not put forth my hand against him , for he is the lords annoynted . and so of david to abishai , 1 sam. 26 , 9. 11. 23 , and david said to abishai , destroy him not , for who can stretch forth his hand against the lords annoynted , and be guiltlesse ? the lord forbid , that i should stretch forth my hand against the lords annoynted ; the lord delivered thee into my hand to day , but i would not stretch forth my hand against the lords annointed ; how wast thou not afraid to stretch forth thine hand against the lords annoynted : thy blood shall be upon thy head , for thy mouth hath testified that thou hast slaine the lords annoynted : answered very learnedly and divinely , pag. 93. 94. 95. 96. 97. object , 7 : 1 sam. 8. 11. samuel tels the people how they should be oppressed under kings , yet all that violence and injustice that should be done unto them , is no just cause of resistance , for they have no remedy left them but crying unto the lord : answered pag. 98. objest . 8. this was doctor ferns , sect , 2. 3 , none of the prophets in the old testament , reprehending the kings of israel and iudah , for their grosse idolatry , cruelty , oppression , did call upon the elders of the people for the duty of resistance , neither doe we find the people resisting , or taking up armes against any of their kings , no not against ahab or manasseh , upon any of these grounds , ergo , resistance is unlawfull : answered , page 99. 100. 101. 102. ob. 9. out of the new testament , rom. 13. 1 , 2. let every soule be subject to the higher powers , for there is no power but of god , the powers that be are ordained of god : whosoever therfore resisteth the power , resisteth the ordinance of god ; and they that resist , shall receive to themselves damnation , &c. with doctor fernes enforcement of this text from the context answered very strongly , page 103. 104. 105. 106. 107. 108. 109. 110. 111. and that passage of tertullian much insisted upon , colimus ergo & imperatorem sic , quomodo & nobis licet , & ipsi expedit , ut hominem a deo secundum , & quicquid est a deo consecutum , solo deo minorem hoc & ipse volet , sic enim omnibus major est , dum solo vero deo minor est , sic & ipsis diis major est , dum & ipsi in potestate sum ejus , answered , page 11. 12 , &c. again , from dr. ferne , that the efficient cause of royall & monarchicall power is only from god , not the people ; that kings receive no regall authority or power from the people , but from god alone ; that the power of kings is not a humane , but a divine power , of which god onely is the efficient cause ; that the people doe not make the king , but god properly and absolutly ; this power , right and authority he hath from god ; that the king hath no dominion and poer from his subjects by way of trust , but from god , from whom he hath his kingdome and power , so that by idolatry and oppression , he breaks not the trust reposed in him by his subjects , because the people have committed nothing to his charge , but god onely ; proof whereof see , prov. 8. 15. by me kings reigne . dan. 2. 21. god removeth kings , and setteth up kings . dan. 4. 17 , 25. the most high ruleth in the kingdome of men , and giveth it to whomsoever he will , and setteth up over it the basest of men . hosea 13. 11. 1 sam. 10. 1. jer. 27. 5 , 6 , 7. isai. 45. 1 2. and other texts answered with very great paine , good distinctions , and cleare satisfaction , pag. 115. to 128. object . 10. 1 pet. 2. 13. 14. 15. 16. submit your selves to every ordinance of man for the lords sake , whether it be to the king as supreame , &c. answered , pag. 128. 129. 130. 131. thus for the answers of scriptures from the old testament and from the new . the next are objections from reason . object . 11. as first , kings are the fathers , heads , lords , shepherds of the common-wealth , therfore the sonnes , members , vassals , s●ooks , must not r●sist them , answered , pag. 131. 132. object . 12. the invasions and oppressions of evill kings and tyrants are afflictions and punishments inflicted on us by god , therefore we ought patiently to submit , and not forcibly to resist , answered , pag 133. obj●ct . 13. saints forcible resistance of tyrants begets civil wars , great disorders and many mischiefes in the state , ergo , it is unlawfull and inconvenient , answered , pag. 134. the last , and grand obj●ction is the testimony of fathers , as first , that speech of saint ambrose , lib. 5. orat . in auxentium , coactus rapugnare non audeo , dolere potero , potero flere , potero gemere , adversus arma , milites gothos lachrymae meae arma sunt , talia enim sunt munimenta sacerdotum , aliter nec , debeo , nec possum resistere , answered , pag. 135. 136. the second is that of nazianzen , oratio 2. in julianum , answered , pag. 137. 138. the third , that of bernard , epist. 121. to king lewis of france , answered , pag 138. 139. the fourth authority , was the example of prrimitive christians , who submitted themselves willingly to their persecuting governours , without resistance in word or deed , answered , pa. 140. 142. 143. after all which he concludes the said third part of the soveraign power of parlioments and kingdomes , &c. with personall , naturall , and publike authorities , proving the same , which mr. prinne had maintained in the said book from page 143. to the end thereof . if any man desires more satisfaction of this nature and subject , he may be very richly and plentifully furnished herewith from severall other books and labours of the said author , mr. william prin , who hath more engaged and endeered his countrey unto him , by detecting the king and his ill government , clearing the scruples , answering of questions , touching the lawfulnesse of opposing and resisting kings and rulers in their tyranny and cruelty , then any lawer , divine , gentleman , or other , in the whole kingdome besides , as his foure large and learned books , concerning the soveraigne power of parliaments and kingdomes , romes master-peece , the popish royall favou●ite , and other of his writings doe witnesse . 1. that the present king charles ( king of england , scotland , &c. ) when he was prince of wales , did maintain correspondency with the then pope of rome , by letters wherein , he stiled him the most holy father , chatholick majesty , thrice honoured lord and father , professing that he did not esteem it a greater honour to be discended from great princes , then to imitate them in their great piety , having exposed their estates & lives , for the exaltation of the holy cheir , esteeming the protestant religion , but a novelty & faction , engaging himself by promise to the pope , that he would imploy himself for the time to come to have but one religion , viz. the roman catholique , & that he would spare nothing that he had in the world , but that he was resolved to suffer all manner of discommodities , even to the hazarding of his estate and life , for a thing so pleasing unto god , as the advancement of the romish religion . 2. that the said king hath taken two solemn oaths upon both his treaties of marriage with spain and france , to protect and maintain to the utmost throughout his dominions , the romish catholique church and religion ; yea , to suspend and abrogate all lawes against them , and is thereby deeply engaged by vertue of these oaths , to protect favour and defend the same , and in conscience of these oaths and articles ( consented unto in the said matches ) he holds himself bound ( what ever his outward protestations and pretences be ) to side with the roman catholique subjects , both in england , ireland , and scotland , and arme them against his protestant subjects and parliaments in all the 3. kingdoms , of purpose to make good these his oaths and articles . 3. that the said present king charles , since his coming to the crown ( in prosecution of the aforesaid engagements to the pope & church of rome ) hath raised most bloody and unnaturall warre against the protestant cause and party in his dominions , in which he hath sustained many incommodities , hazarded both his estate , life , and realms for the reducing all his subjects to one religion , viz. the roman catholique , and upon this ground he hath issued out proclamations , declarations , remonstrances against the scots ; the former , and present parliament , proclaimed them traytors , rebells , no parliament , a faction , he brake up all former parliaments since his raign , by discontinuance , and endeavoured to dissolve this parliament , by the sword of papists and athiests , against the very act of parliament assented unto by himself , and the aforesaid engagements of the king to the pope , &c. are the reall ground of the late horrid irish conspiracy , massacre , rebellion , pacification , toleration , and the said kings connivance at , if not approbation of these horrid bloody execrable practices , as also the extraordinary favour lately indulged to these carsed barborous rebells by the king , and his most gracious entertainment of them , not only into his royall favour , but court , army , and realm of england , as his securest guard . 4. the said king did permit the papists , priests , and jesuits , during the scottish troubles ( a little before the begining of this parliament ) to call a parliament and generall councel of state among themselves , even in london ; wherein the popes own nuncio sate president , in which parliament the chief papists out of all parts of england and wales assembled , made severall lawes and ordinances for imposing taxes , and raising monies upon all roman catholiques for maintenance of the scottish warres , which were seconded with the queenes own letters and instructions to the catholiques , reciting what great liberties and favours her highnesse had procured for them from his majesty , exciting them to a liberall contribution towards those warres , and this popish parliament was permitted without interruption , when the protestants and kingdom might hold none at all , or , at least , are presently dissolved in discontents , and the popes own nuncio sit lord president to rule the rost , which parliament was thus openly tolerated to be held to make and maintain a warre against the religious protestant subjects , even with the kings own actuall consent . 5. that the said king ( dissembling with god and men , opposing papists in words , yet cherishing and protecting them ( all he may ) in deedes , exhibited many royall orders , ●xpresses , letters of grace , protection unto popish recusants , seminary priests , during all his raign , to stay all manner of proceedings and executions of the law against them , contrary to the judges and justices oaths , and since this , unhappy civill warre , the papists both in england and in ireland , have been armed against the parliament by the said kings cōmission , yea put into places of great command & trust , admitted free access to his camp , & court , where they have bin in favours , and preserved from all violence , injury , &c. notwithstanding his many printed declarations , proclamations , protestations , vowes against popery and papists , to blind and delude the over credulous vulgar ; and notwithstanding his brave , real , royal , defence of the protestant religion so often promised , the best and most zealous protestants , ministers , people , both in england and ireland , have bin every where most cruelly massacred , plundered , tortured , imprisoned , ruined by the blood-thirsty popish cavaliers , many of their houses and almost whole towns , fired , sackt by his speciall commission . 6. that the said king did admit can , the popes legate , and that under the very name , notion , and authority of the popes legate , into familiar accesse to , and conference with him , by all arts , policier , and arguments , to pervert and draw him with his 3. kingdoms , to a new subjection to the see of rome , as cardinall pool , the popes legate , extant in england before this in queen maries raign , reconciled her and the realm to rome , to their intolerable prejudice , an act so inconsistant to the lawes of this realm , with the kings ancient and late remonstrances , oaths , protestations to maintain the protestant religion ; as may ever amaze the world , which ever looks more at real actions , then verball protestations . 7. that the king ( after endimian porter , had gained the custody of the great seal of england ) did issue out divers proclamations under the great seal , proclaiming the parliament traytors and rebells , yea , did grant commissions to irish and english papists , contrary to his former proclamations , to raise popish forces both at home and in forraign parts for his defence , as his trustiest and most loyall subjects , and did send letters and commissions of favour to the irish rebells , and hinder all supply from hence to the protestant party there . 8. that the said king ( after the bloody irish rebells had destroyed the precious lives of above a hundred and forty thousand protestan●s in ireland , and were like to be overcome by the parliaments forces ( sent from hence and from scotland to relieve the prot●stant party ) condescended to articles of pacification with these rebells , contrary to an act of parliament , and both houses consents , wherein the said wicked rebells are declared his majesties good catholick subjects , and no rebells at all . 9. that the said king did send for many thousands of the said rebells into england to massacre the protestant english here , and fight against the parliament , as they did in ireland heretofore . whereas it flyes up and down in the mouths of the over-credulous vulgar that mr. wil. prinne ( since his admission into the honourable house of commons ) hath most petulently exclaimed against the armies late remonstrance ; wherein they desire justice may be done against the king ( as the grand delinquent of the kingdom , ) & furiously env●ighed against the same , as if he was newly become the kings advocate : these therefore are to stop the current of such reports , and to desire that men may deffen their eares thereunto , considering that not only their tender care of the priviledges of parl. ( requiring no notice to be taken of any mans speech within these walles ) but also their respects and love unto mr prinns ( that hath written so much of the peoples and kingdoms interest and power to call their kings and governours to accompt for their unjust wicked and tyrannicall government ) doth require the same , for if occasion be offered the present proceedings of the army in requiring justice to be done upon the king , and all other delinquents , as those that lately fomented . second war , invited the scots into this kingdome to that end &c. shall be clearly , fully , convincingly , asserted , argu●d , and maintained from the severall labours , pains , and writings of the said anthem , m● . william prinne . finis . notes, typically marginal, from the original text notes for div a91160e-120 vide the 3d. part of the soveraigue power of parliaments & kingdoms page 83. ibid. ibid. ibid. ibid. ibid. ibid. ibid. ibid. ibid. ibid. popish royall favorite page 40. popish royall favorite pag. 50. ibid. p. 50 ibid. p. 41 ibid. p. 51 ibid. ibid. pag. 58. 57. epistle to the reader before the popish royall favourit . romes master-peece , p. 31. roomes master-peece . p. 33 popish royall favourite . 35. ibid. foure serious questions of grand importance, concerning excommunication and suspension from the sacrament propounded to the reverend assembly and all moderate christians to prevent schismes, and settle unity among us in these divided times / by a lover both of peace and truth. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56165 of text r212447 in the english short title catalog (wing p3959). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 14 kb of xml-encoded text transcribed from 3 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56165 wing p3959 estc r212447 12362205 ocm 12362205 60273 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56165) transcribed from: (early english books online ; image set 60273) images scanned from microfilm: (early english books, 1641-1700 ; 222:23 or 2176:13) foure serious questions of grand importance, concerning excommunication and suspension from the sacrament propounded to the reverend assembly and all moderate christians to prevent schismes, and settle unity among us in these divided times / by a lover both of peace and truth. prynne, william, 1600-1669. [4] p. s.n., [london : 1644?] caption title. attributed to william prynne. cf. bm. imprint suggested by wing. item at reel 2176:13 incorrectly identified as wing p3960. reproductions of original in harvard university libraries. eng excommunication -early works to 1800. a56165 r212447 (wing p3959). civilwar no foure serious questions of grand importance, concerning excommunication, and suspention from the sacrament; propounded to the reverend assem prynne, william 1645 2340 14 0 0 0 0 0 60 d the rate of 60 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2002-03 tcp assigned for keying and markup 2002-04 apex covantage keyed and coded from proquest page images 2002-05 tcp staff (michigan) sampled and proofread 2002-05 john latta text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion foure serious questions of grand importance , concerning excommunication , and suspention from the sacrament ; propounded to the reverend assembly , and all moderate christians , to prevent schismes , and settle unity among us , in these divided times ; by a lover both of peace and truth . the businesse of excommunication , and sequestration from the sacrament , now in publike agitation , is a matter of great moment , much difficulty , and very circumspectly to be handled , established , to prevent prophanation and scandall on the one hand ; and arbitrary , tyranicall , papall domineering over the consciences , the spirituall priviledges of christians , on the other ; which will necessarily follow , if it fall into indiscreet , over-severe , ambitious , passionate or revengefull hands , as we felt by wofull experience under the papacy and prelacy : ( nam paucis res illa tutò committi potest : mox solet subrepere dominandi studium , & sub praetextu pietatis suunt paenas ob privata odia , aut dogmata , vel talia ; as (*) aretius well observes ; who debating this question ; an hodiè restitui possit excommunicatio ? resolves thus . sunt qui disciplinam hanc etiam hodiè reducere velint , in eamque rem toti incumbant ; alii in eo videntur desperare : et quanquam despera●dum non putem , tamen perquam arduum judico , nec non impossibile praesentibus moribus , col●a submittere ejusmodi disciplinae : for which among other reasons , he renders this . accedunt exempla corum , qui idem conati , cum risu destitêre , aut quibus pessimè cessit : magno studio in germaniae quibusdam ecclesiijs instituta fuit ; sed cecidit in spongiam natus ridiculus mus : as some feare it nay now do among us , unles it be setled with great wisdome , caution , moderation , certainty , and as little as possible herein left to any mans discretion ; the serious consideration whereof hath induced me to propound these ensuing questions to our venerable assembly , and all other moderate christians , who ought in all things ( especially in this ) to avoyd extreames , and the seeming affectation of any greater lording power over the consciences or priviledges of their christian brethren , then of right belongs unto them ; least they approve that in , or usurpe that to themselves , which they have so vehemently heretofore declaimed against in , denied to , and quite taken away from the pope and prelates . 1. whether mathew 18. 16. 17. let him be to thee , ( not to the whole church , and all others ) as a heathen , and a publican , ( meant only of personall privat trespasses betweene man and man , not publique scandalous sins against the congregation , as is cleare by v : 15. if thy brother shall trespasse against thee , &c. not the church : and lu. 17. 3. 4. ) or 1. cor. 5. 5. 11. 1. tim. 1. 20. to deliver such a one to satan , &c. with such a one no not to eat , &c. be properly meant of excommunication , or suspention from the sacrament only ? and what warrant there is in scripture for ministers or others to suspend men from the sacrament of the lords supper only , and not from the congregation and all other publique ordinances , together with it ? since 1. cor. 5 7. 9 13. iohn 9. 22 32. 33 chap. 12 , 42 , chap. 16. 2. 2 thes. 3 , 14. 2 iohn 16. 11. 3 iohn 10. numb. 12. 14. deut. 23 1 , 2 , 3 with all other scriptures alleaaged for the proofe or practise of excommunication ; speake only of putting , casting out , and excluding men wholly from the congregation , syragogue , and all publique christian communion ; but not one of them of excluding , or suspending men only from the sacrament , and not from 〈◊〉 publique ordinances , as prayer , preaching , and the like : and since in the primitive times , ( is is evident by tertulians apollogy : c. 39. de paenitentia lib. and others ) scandalous persons , were ever excommunicated and wholy cast out of the church ( extra gregem dati ) not barely sequ●stred from the sacrament : whence all the canonists and schoole-men determine : (b) excommunicatus non possit interesse divinis officiis in ecclesia , vel extra cum aliis : and define excommunication to be , an ecclesiasticall censure , which deprives a man from the communion of the church , sacraments , and all publike ordinances : and a●etius defines it , to be , a●icuius professi religionem nostram , à consortio fidelium , in sacris et prophanis rebus exclusio , &c. which excludes men totally from the church , and all publique ordinances , not from the sacrament only . 2. by what divine authority or scripture text , can any minister lawfully keepe backe any christian from the sacrament , ( not actually excommunicated and cast out of the church for some notorious scandall upon a legal conviction ) who earnestly desires to receive it , though in his owne private judgment hee deemes him unfitting or unworthy ? since we read of no circumcised person in the old testament , ever debarred from the passeover by the priests , that was willing or desirous to eat it , though perchance not altogether so prepared to ea●e it , as god requi●ed , exod. 12. 3. 4. &c. 44 , to 58. 2 chron. 30. 13. to 21. since christ himselfe admitted iudas to it , though he knew him to bee a devill , a traitor ; iohn 6. 70. 71. as is cleare by math. 26 20. to 31 mar : 14. 18. &c. luke 22. 14 &c. iohn 13. 31. and since paul in the 1. cor. 11. 20. to 36 : usurped no other authority to himselfe , nor gave any power to others , to keep unworthy receivers from the sacrament , but only admonished them of the danger of unworthy receiving , and thereupon advised every receiver , to examine him selfe before hee came to receive ? and whether the minister by admonishing his flock , of the danger of unworthy receiving , and seriously dehorting such as hee deemes unworthy not to receive the sacrament til they become more fit to participate , under paine of eating and drinking their owne damnation , and other judgments that will ensue thereon , hath not thereby discharged his full duty and conscience , as this text of the corinths . ezech. 33. 1. to 10. acts 20. 26. 27. with the liturgyes of our own and the french churches , in their exhortations before the sacrament , both intimate and resolve ? 3. whether the unprofitable , and unworthy hearing of the word , be not as great , as dangerous , as damning a sinne , as the unworthy receiving of the sacrament , as math. 10. 14. 15. mar. 16 , 15 , 16 , luk 8. 18 heb 2 1 , 2 , 3. c. 3. 7 , 8 , 1● . c. 6. 6. 7. 8 : assert ? whether ministers upon the selfe same grounds and pretences ( of partaking of other mens sins , of being guilty of their damnations , of not giving holy things to dogges and casting pearles before swine ; math. 7. 6. meant principally of preaching the gospell to such as shall contemne it , not of the sacrament , as is cleare by math : 10 , 14 , mar. 16 , 15. 16. acts 13 46 , 51 ) may not as well keepe their people from preaching of the word , and refuse to preach unto them , least it should not profit them for want of faith , hebr. 4 2. but increase , or aggravate their sins , and become unto them the savour of death unto death , 2 cor 21 5. 16 iohn 12 : 4● . as from the sacrament ? and what substantial difference they can produce , warranted by scripture , why they may not deny to preach the word to such christ●ans whom they deeme unprofitable under , or unfit to heare it , as the sacrament to those whom they judge unmeet to receive it ? 4. whether , seeing god only knowes the secrets of all mens hearts , and who are his , 2 chron. 6. 30. 2 tim. 2. 19. not ministers ; who may oft times deeme those worthy communicants , who are not ( as close hypocrites , &c. ) and those unworthy who are not , 1 samuel 16. 5. to 14. s●eing hee can sodainly change notorious sinners hearts , lives , and bring them to repentance in a moment , before ministers can take reall notice of it , act. 9. 3. to 28. seeing wee must not censoriously judge one another , because wee fall or stand to our owne master , matth. 7. 1. luk. 6. 37. rom. 14. 4. to 15. seeing none must quench the smoking flax , nor breake the bruised reed , nor discourage weake christians by overmuch rigor , or indiscretion , matth. 12 20. rom 14. seeing every communicant is bound to examine himselfe , which he best knowes , ( not others peremptorily to examine him ) 1 cor. 11. 27. 28 , 29. 2 cor. 13 5. gal. 6. 4. 5. and every man is only to beare his owne sinne , not anothers , in which he is no partaker , gal 6. 4. 5. ezec. 33. 1. to 10. ezec. 18 4 to 21. and seeing every christian when he is invited to the sacrament , is bound under paine of sin and contempt to receive it , 1 cor. 11. heb. 10. 29. whether can any minister in point of conscience refuse any christian , not actually excommunicated , the sacrament , if he desires to receive it , in case hee professe his sincere repentance for his sins past , and promise newnesse of life for time to come , though in his own private opinion , he may chance to judge him a person unfit or unworthy to communicate ? if yea , let him shew his charter for it in scripture : this i am certain hee cannot doe : if he alleage , hee cannot do it in point of conscience , because hee should bee paraker of his sin , if he eate and drink damnation by unworthy receiving : the apostle resolves the contrary ; that hee eates and drinkes damnation only to himselfe , not to the minister , or the other communicants ; that he shall only beare his own burthen , and give an account of himselfe to god , gal. 6. 4 , 5. rom. 14. 12. and the administration being onely the ministers act , which is a holy and divine institution , the unworthy participation the parties owne iniquity , ( as is his unworthy hearing , praying &c. ) not the ministers ; it can no more involve the minister in the guilt of it , then his unprofitable hearing ; of which no minister holds himselfe guilty , who with care and conscience faithfully dispenceth the word unto his auditors , eze. 33. 1. to 10. acts 20. 26. 27 ; which (*) lucas osiander proves at large against the anabaptists . seeing therfore there is as much danger to peoples soules in their unworthy , unprofitable hearing of the word , as receiving of the sacraments ; and since ministers are and may be unto god a sweet savour of christ , as well in them that perish , by unworthy receiving the sacrament as in them that are saved , by worthy participation thereof ; as they are in the preaching of the gospell , 2 cor. 2. 14 , 15 , 16. i cannot discerne any shadow of reason , why any godly ministers should over-earnestly contest for such a large or unlimited ecclesiasticall power , to exclude their christian brethren from the sacrament ( when not actually excommunicated from the church and other ordinances ) as some pretend to ; much lesse , why any of them should resolve to give over their ministery to which christ hath called them , in case they cannot obtaine such a power from the parliament , as neither christ , nor his apostles , nor the primitive christians in the purest times did ever exercise ; or why any shold forwardly seperate from our church , in case such an unlimited arbitrary power be not established in our new presbiteries , as our very lordly prelats never durst to claime . moderata durant . wherefore my earnest request to all ministers and people shall be , to rest fully satisfied with such a limited iurisdiction in this kind , as our honourable , parliament upon serious debate , shall in their piety and wisdom thinke meete to settle , for the prevention of scandall , prophanesse in the people , of tyranny and oppression of mens consciences in the presbytery ; the only desirable boundary betweene these two extremities , which must be avoyded with all speciall care . finis . notes, typically marginal, from the original text notes for div a56165e-30 (*) theologiae problemat , locus , 112. de excommunicatione , p. 340. (b) 〈…〉 (*) e●chi●dian contro . ver. ●um anabap. de ecclesia . c. 6. quaest. 3. diotrephes catechised, or, sixteen important questions touching the ecclesiastical jurisdiction and censures (contradistinct to civill) now eagerly pretended to and challenged by a divine right, by some over-rigid presbyterians and independents propounded to both these dissenting parties for the further discovery of truth, the preservation of the civil christian magistrates interest, and speedier comprimising [sic] of our present unhappy controversies touching church-government ... / proposed, published by w. prynne ... prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56155 of text r31935 in the english short title catalog (wing p3945). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 56 kb of xml-encoded text transcribed from 9 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56155 wing p3945 estc r31935 12276974 ocm 12276974 58471 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56155) transcribed from: (early english books online ; image set 58471) images scanned from microfilm: (early english books, 1641-1700 ; 1512:14) diotrephes catechised, or, sixteen important questions touching the ecclesiastical jurisdiction and censures (contradistinct to civill) now eagerly pretended to and challenged by a divine right, by some over-rigid presbyterians and independents propounded to both these dissenting parties for the further discovery of truth, the preservation of the civil christian magistrates interest, and speedier comprimising [sic] of our present unhappy controversies touching church-government ... / proposed, published by w. prynne ... prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56155 of text r31935 in the english short title catalog (wing p3945). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread 16 p. printed for michael sparkes, london : 1646. running title: sixteen important questions, touching, ecclesiasticall iusisdiction and censures. reproduction of original in the harvard university library. eng church and state -england. church and state -presbyterian church. church polity. a56155 r31935 (wing p3945). civilwar no diotrephes catechised: or sixteen important questions touching the ecclesiastical jurisdiction and censures (contradistinct to civill) now e prynne, william 1646 9881 84 0 0 0 0 0 85 d the rate of 85 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2002-03 tcp assigned for keying and markup 2002-04 apex covantage keyed and coded from proquest page images 2002-05 tcp staff (michigan) sampled and proofread 2002-05 john latta text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion diotrephes catechised : or sixteen important questions touching the ecclesiastical jurisdiction and censures ( contradistinct to civill ) now eagerly pretended to and challenged by a divine right , by some over-rigid presbyterians , and independents . propounded to both these dissenting parties , for the further discovery of truth ; the preservation of the civill christian magistrates interest , and speedier comprimising of our present unhappy controversies touching church-government : on which many now so over-dote , as to place the whole kingdome of christ and substance of religion therein ; to repute all our former reformation , a meere nothing ; the church of christ undone , and the exercise of their ministry , not onely fruitlesse but unlawfull , so as they cannot with good conscience continue , but threaten to relinquish it , in case they cannot obtain their demands of such an exorbitant power , by divine institution , which christ and his apostles never claimed , exercised , nor themselves , nor predecessors , ever formerly enioyed , petitioned for , or pretended to in any age , but this . proposed ; published by w. prynne a well-wisher to verity and vnity . the second edition with some enlargements . lu. 22 24. 25. 26. math. 20. 25. 26. 27. and there was a strife among them , which of them should be accounted the greatest . but iesus called them unto him and said ; ye know , that the princes of the gentiles exercise lordship ( or dominion ) over them , and they that are great exercise authority upon them ; but it shall not be so among you ; but whosoever will be great among you , let him be your servant ; even as the sonne of man came , not to be ministred unto , but to minister . 1 pet. 5. 2 , 3 , 5. feed the flock of god which is among you , taking the oversight , ( or care ) thereof , not by constraint , but willingly ; not for filthy luchre , but of a ready mind , neither as over-ruling , ( or being lords over ) gods heritage , but being ensamples to the flock : yea all of you , be ye subject one to another , and be cloathed with humility ; for god resisteth the proud , and giveth grace to the humble . london printed for michael sparkes . anno dom. 1646. sixteene important questions touching the ecclesiasticall iurisdiction and censures , contradistinct to civill , now challenged by a divine right . the serious consideration of the importunate claimes of a new kinde of ecclesiasticall iurisdiction , by a pretended divine right , by those very men who of late so eagerly declaymed against the old , as antichristian and papall , when challenged by our prelats upon the selfe-same grounds and title , hath induced me to propound these few important questions to the over-●…asger prosecutors of this supposed divine authority , at leastwise to moderate , if not extomgio●… those unseasonable deplorable late kindled flames of contention , which if not timely prevented may prove more fatall to our churches kingdomes , then all the former dissentions , and break forth into a new civill warre , betweene our selves , when we have totally vanquished the common enemy . the prelates deserting of their undoubted jus hum inum , and unadvised challenge of a ius divinum to advance , perpetuate their iurisdictions , and sweating men to this their title by a new , &c. oath , was the immediate forerunner , yea principall meanes of the utter subversion both of their hierarchy and authority . and wee have cause to feare that some over-ridged presbyterians in considerate zeale , in waving the presbyteriall authority vested in them by an unquestionable ordinance of parliament ( to their full contents as most men deemed ; ) and resorting to a more dubious disputable ( pretended ) ius divinum ( formerly laid aside by both houses of parliament and the assembly , though now resumed , revived , ) the more highly to advance and firmely settle it in ou●… churches , may produce the like contrary unexpected effects : and either revive the old exploded luciferian episcopacy , or introduce that more feared anarchicall hydra or bable of independenc y , which they most endeavour to suppresse ; or at leastwise revolve the censorius or corrective power of all scandalous sinnes and sinners into the civill majestrates hands , the farre safest of the three : on whose be●…e , i shall with the spirit of peace and meeknesse propose these following queries , both to my presbyterian and independent brethren ; desiring their acquiescens in or serious answers to them after sound deliberation , laying aside all private interests and designes , whatsoever , which may misguide their judgements ) for the sifting out of that one golden medium of sacred truth , which can only reconcile and ●…ordially re-unite us in the bonds of love . 1. whether all scandalous sins and offences now pretended by presbyteri●…s or 〈◊〉 to be of eccle●…sticall cognisance , be not by gods own institution and command [ as well before , as undet the law , and through out the old testament , ] inquirable , examinable , and to be determined , in ged only by the temporall majestrates , or civil powers , and punished only with temporall or corporall punishments , not by any ecclesiasticall persons , officers , or church-censures only , distinct from civill ; since , we read , that the severall scandalous sinnes of (a) idolatry , (b) cursing , blaspheming , (c) sabbath-breaking , (d) disobedience to parents natural or civill , (e) whoredome , adultery (f) incest , rape , sodomy , buggery , (g) murther , (h) witchcraft , sorcery , with sundry other sinnes , were by gods owne precept , to be inquired after , censured , punished by the temporall majestra'e , civill congregation , powers people and only , with civill punishments alone , as putting or stoning to death , burning , [ i ] hanging (k) fines , stripes and the like , but never enjoyned to be examined , censured by ecclesiasticall persons , officers or to be punished by them with church-censures , as excommunication , suspention from the passeover , circumcision , sacrifices , festivalls , or any publike ordinances then in use , or exclusion from the temple or synagogues , as the marginall texts demonstrat . and more especially ezra . 7. 25. 26. where king artaxerxes sending ezra the priest ( descended linially from the high-priests before him , as is evident by v. 1. to 6 ) up to ierusalem , with a speciall commission to repaire the city , temple , restore the service of god therein , and settle the government of that place according to the law of god , gives him this command : and thou ezra , after the wisdome of thy god , that is in thine hand , set majestrates and iudges that may judge all the people that are beyond the river , all such as know the la●… of thy god , and teach yee them that know them not : and whosoever will not do the law of thy god , and the law of the king ; let iudgement be executed speedily against him , ( not by ezra the priest , or any ecclesiasticall consistory or presbytery of priests , with meere ecclesiasticall censures of excommunication or suspention from the temple , or publike ordinances of god , no such church-officers punishments being then known , or instituted by gods law ; but by the majestrates and judges appointed , who were to punish them only with temporall censures as the following words thus resolve ) whether it be unto death , or to banishment , or to confiscation of goods or to imprisonment : the only punishments , censures then inflicted on delinquents against gods law , as well as against the kings : yea had there bin any other censures ecclefiasticall distinct from these temporall , which ought by any divine right or institution to have bin then inflicted upon notorious scandalous offendors against gods law , by the high priest , or any other church officers or iudicatory , no doubt this devcut king upon this occasion would have expresly commanded ezra the priest himselfe , or those church-officers or judicatories to have duly executed the same , when he gave him this large commission , and extended so much extraordinary favour to him , that he cryes out in the very next ensuing words . v. 27. blessed be the lord god of our fathers , who hath put such a thing as this into the kings heart , &c. which as it expresly determines , that this commission , and forecited direction was inspired into the kings heart by god himselfe , and so most consonant to his written word and law : so it insinuates , that by the law of god in those dayes , all scandalous offenders against gods law were to be punished only by the civill majestrates and judges with civill punishments , not by any ecclesiasticall officers , or iudicatory , with any church-censures whatsoever . this may be further evidenced by the priests , prophets , peoples , and princes proceedings against ieremiah , & vriah , who for preaching and prophecying falsly , ( as was supposed ) were punished by the king , and princes , upon the priests , prophets , & peoples malicious accusation only by * imprisonment & death alone , not by church-cen●res , church iudicatories : yea deuter. 13. 5. false prophets are expresly enjoyned to be put to death by the civill majest●●●s , not punished by the ecclesiasticall powers with excommunications or suspentions . and it is most cleare and undeniable by the 1 king 22. 26. 27. 2 chron. 16. 10. c : 18. 25. 26. math. 14. 3. 4. 5. luk. 22. 23. acts 5. 18. 19. c. 8. 3. c. 12. 2. 3. 4. c. 16. 23. 24. c. 22 19. 20 to 30. c. 24 & 25 , & 26 2 cor. 6 , 5 , hebr. 11 , 36 , 37. that both in the old and new testament false prophets , teachers and broachers of erronious doctrins ; ( or such who were so reputed though true ) yea the apostls & saints of christ , for preaching , professing the gospell and truth of god , amongest the jewes and others who reputed it * heresie , scisme , or false doctrine , contrary to what they had formerly received , were usually convented before the civill majestrates , and punished with imprisonment , stripes , putting or stoning to death , and the like , but not with excommunication , or any ecclesiasticall censures of divine institution though now made matters of meere ecclesiasticall cognisance . and if so ; whether the temporall christian majestrates and civill powers , as such , have not now the selfesame divine authority to punish such sinnes and sinners under the gospell , only with temporall punishments , without the interposition , examination or censures of any church-officers or presbyteries , as the godly temporall majestrates & civill powers had then under the law ? if not , how the contrary can be evidenced by cleare scriptures , and by what texts in particular ? 2. whether the texts of deut. 17. 8. to 14. & 2. chron. 19. 8. to the end , do warrant any ecclesiasticall iurisdiction , congregationall or classicall in causes meerely ecclesiasticall , or any meere church censures , distinct from the civill majestracy , and temporall censures , as some now pretend ? whether the genuine scope and sence of these texts , hold forth any more or other jurisdiction and power in the priests , levites , or high priest himselfe , then this : that they joyntly with the temporall iudges , and chiefe of the fathers of israel [ not alone by themselves ] should resolve ( not ordinary plaine , or undisputable , but only ] all such doubtfull , civill cases , or controversies which the ordinary iudges or majestrats in their cities held dubious , or too hard for them to determine aright , between [ not scandall and scandall , ●or who should be excommunicated , suspended from the ordinances as scandalous , ignorant or unfit , and who not ] but , between blood and blood , plea and plea , stroke and stroke , ( being matters of civill controversie ) in their gates ; and between law and commandement , statutes and iudgments , [ to wit the judiciall written law of god ] upon whose exposition any civill doubts , or controversies should arise which the people themselves could not resolve , ] whose superior resolutions they should submit to , and proceed accordingly to execution ; and he that would presumptuously disobey and not submit to their sentence , was not to bee excommunicated or suspended , * but put to death ; ( a meere civill censure ) to terrify others . and if this only be the ful sence and meaning of these texts , whether any episcopal , presbyteriall , classical or congregational iurisdiction to correct scandalls with meer ecclesiasticall censures can be deduced from them ? whether that speech of iehoshaphat 2. chron. 19. 11. and behold amariah the chiefe priest is over you in all matters of the lord ( not scandalous sinnes and ecclesiasticall offences committed by the priests or people , no matters of the lord , but sins of men , detested by the lord ; ] imply or necessarily enforce , that he had any ecclesiasticall iurisdiction in point of judicature , to censure , punish all or any sort of scandalous sinners with church censures [ of which there is not one sillable in the text ] vested in him by any divine authority ? and if so , whether it makes not more for papall and archiepiscopall , then presbyteriall , classicall , or congregationall authority ? this power or superintendent iurisdiction over all matters of the lord , being vested in this high priest alone , and no other . or rather , whether it be not clearly meant , that as king josiah himselfe did by his own regal authority appoint iudges in the land and in jerusalem , in the preceeding 5. 6. 7. 8. 9. & 10. verses , to determin all controversies & punish all offences whatsoever , according to the lawes of god and that kingdom ; so he did by the selfesame regall authority appoint amariah , then chief priest , over the priests & levites only , [ implyed in the word you , not over the people of the land ] in all matters of the lord , that is to order , direct the priests and levites under him in their several courses , and all matters what soever concerning the worship , service oblations , and sacrifices of the lord , to be performed by them in the temple at ierusalem : in the selfesame manner , as he set zebadiah the ruler of the house of judah , over all the kings matters ; in the very next ensuing words ? that is , ( as all consent , ) not over the people and kingdome for to judge and governe them for that the iudges forementioned were to do : but over his househould , lands , revenews as his lord treasurer , or lord high steward of the revenewes of the crowne , as the comparing of it with ●● chron. 26. 30. 33. ( and of the hibronises , hashabiah and his brethren , men of valour a thousand and seven hundred were officers among them of israel on this side jordan westward in all bvsinesses of the lord , & in the service of the king , &c. and his brethren , men of vallour were two thousand seven hundred chiefe fathers , whom king david made rulers over the rubenites , gadites , and the halfe tribe of manasseth , for every matter pertaining vnto god and officers of the king ; joyntly : ( therefore church officers made only by the king , and alterable at his pleasure , not by any divine institution of god himselfe ; ) and the paralelling it with these explanatory texts , 1 chron. 9. 10. to 35. c. 23. & 24. & 25. & 26. 2 chron. 5. 7. to 14. c. 8. 14. 15. c. 13. 9. 10. 11. 12. c. 26. 16. to 21. c. 29. 3. to 35. c. 30. 16. c. 31. 2. 3. 11. to 20. c. 35. 2. 12. ezra . 6. 17. 18. neh. 12. 40. to 47. compared with heb. 5. 1. 2. for every high priest taken from among men , is ordained for men in things pertaining to god , that he may offer both gifts and sacrifices for sinnes , &c. insallibly demonstrate ? and if so , then what divine warrant is there from hence for any such ecclesiasticall jurisdiction distinct from the temporall as many now contend for , from these two noted texts ? or for any priests , ministers of the gospell , or church officers distinct from the temporall majestracy , to examine , correct any scandalous ostences by a meere ecclesiasticall power , or to punish them with church censures , disterent from civill punishments ? 3. whether the priests iurisdiction to judge of (l) all causes of leprosie ( no scandalous sin nor offence , but a meer naturall infirmity , ) and that only among the jewes , yea as well in houses , garments , vessells , [ no subjects of ecclesiasticall censures ] as persons : or their proceedings in the case of (m) jelousie , by vertue of expresse speciall leviticall or judiciall lawes ( the only cases wherein the priests were appointed to be as judges in the old testament , whose proper office was , (n) to offer sacrifices and make attonement for sinnes , not to censure or punish them ; ] bee any infallible proofe of the aaronicall priests or presbyteries ecclesiasticall iudicature or jurisdiction to censure all spirituall leprosies of the soule with church censures ? or of the ecclesiasticall jurisdiction of presbyteries or independent congregations to judge or censure all causes of spirituall leprosie , or scandalous offences under the gospell ? and whither wee may not as soundly argue from the writ , * de leproso amovendo ; and the statute of 1 iac. chap. 31. as they from these texts ; majors , bayliffes of townes , justices of peace , constables and other officers may lawfully remove lepers , and shut up persons infected with the plague of pestilence , ergo , they may excommunicate and suspend from the sacrament all such as are scandalously or notoriously infected with the leprosie and plague of sin ? 4. whither , deut. 13. 12 , 13 , 14 , josh. 22. 10. to 34. iudg. 20. 1. to 18. 2 chron. 19. 9. to 11. ezra 10. 16 , 17. [ where we read of temporall officers , princes sent and imployed commissioners , as well as priests , to inquire after idolaters , idolatry , rapes , mariages with heathenish wives , and other ecclesiasticall crimes ] compared together , hee not a stronger scripture evidence for proofe of the parliaments , and lay. commissioners authority , to enquire after , yea punish idolaters and scandalous sinners ; then any texts that can bee produced by the presbyterians or independents out of the old testament for probat of a divine right , either in their classes , presbyteries or independent congregations to censure scandalous sins and sinners with ecclesiasticall censures ? and whither the statutes of 26. hen. 8. cap. 1. 31. hen. 8. c. 10. [ appointing a lay vicegerent in all ecclesiasticall matters ] 37 h. 8. c. 17. 1 e. 6. c. 2. 1. eliz. c. 1. do not justifie such commissioners to be legall as well as these texts , warrant them to be in some sort divine ? 5ly . whether there bee any precept or president in all the old testament directly or punctually determining , that there was by divine institution an unquestionable ecclesiasticall jurisdiction vested by god himselfe in priests , levites , or any jewish officers , to examine witnesses upon oath , convent or censure any scandalous sinners by excommunication , or suspention of them from the tabernacle , temple , publike assemblies , synagougs , sacrifices , solemne publike festivalls , or other sacred ordinances for any scandalous fin whatsoever ? if so , then what are these precepts , presidents , and scandalous sins in particular ? and whether it be probable they had any direct authority given them by god ●…imselfe , to suspend or put backe any from the sacraments of circumcision , or the passeover ( which baptisme and the lords supper now succeed ) since both of them originally were ordered to be performed in private , by the (o) parents or masters of the family , not priests or levites ; and executed or eaten by them in their (p) severall private houses , where the priests and levites had no ecclesiasticall jurisdiction that we read of , and were not present at these sacred actions unlesse onely at some few solemne generall passeovers at ierusalem , where they were but ministeriall , to (q) helpe kill the passeover , and sprinkle the bloud , not magisteriall , to keep any backe from eating thereof , by any pretext of ecclesiasticall authority ? 6ly . whether ministers or presbyteries under the gospell , have any other or greater ecclesiasticall jurisdiction then the jewish high priest , priests , and levites had under the law ? and whither christian kings , magistrates have not as large an ecclesiasticall power and authority under the gospell , as any godly kings or magistrates exercised under the law ? if you answer negatively to the first , and affirmatively to the latter of these demands ; then how can that ecclesiasticall jurisdiction of presbyteries or congregations , and their power of church-censures , distinct from the civill magistracy , be any way justified or maintained by the scripture ? if affirmatively in the first , and negatively in the latter , then shew us direct scripture authorities to convince our judgements of what you thus assert , or else give over your pretence of ius divinum ? it is confessed both by the presbyterians , or independents , and cleare by sundry * expresse texts , that christian majestrates are jure divin●… , and have an undoubted divine authority , yea command to punish and cut off all scandalous sinners , psal. 100 5 , 7 , 8. rom. 13. 1. to 8. pro. 20. 26. whether presbyteries , or independent congregations , have any divine ecclesiasticall right to punish them with church censures , is very disputable and denyed by many . therefore it is the safest , readiest way to unity and reformation , to remit the punishment of all scandalous offences to the civill magistrate , rather than to the pretended disputable questioned a●…hority of presbyteries , classes , or indedependent congregations . 7ly , whether there be any expresse texts in all the new testament , and what in particular , which infallibly evince an ecclesiasticall jurisdiction by divine right to be setled by christ in all christian ministers . presbyteries , or congregations , & in which of them in particular , to continue unalterably in all churches of christ to the end of the world , for the excommunication or suspention of all kinds of scandalous persons from the sacrament , though they externally pretend and professe their sincere repentance in generall ? or any certaine rules prescribed them in the gospell , and in what particular texts fo●… the due execution of this jurisdiction in * all cases or scandalls that may happen ? if not , whether it can probably bee imagined that christ in his wisdome would erect , institute and vest an ecclesiasticall government in church officers , without prescribing them any certain rules wherby to manage it in all particulars , and leave them to proceed in an arbitrary way , according to their mee●… pleasur●… contrary to mat. 28 19. 20. if yea , then produce these texts to us for our satisfaction . 8ly . what rules or presidents are there in scripture to relieve parties grieved by unjust . ecclesiasticall censures either by appeales or other wayes and to what superior tribunals ? if no such rules or presidents appea●…e therin ; ( admitting presbyteries , or congregations ecclesiasticall jurisdictions , censures to be jure divino ] then 〈◊〉 by go●…s own law wch pro●…ides them no re●…iefe , the parties injured must not remain remediles when most injuriously sentenced by any private presbitery , classis , congregation without any help or benefit of appeale to provinciall , nationall synods , parliaments , or the civill magistràte ? and if so : whether this wil not introduce as many absolute tyrannies , and arbitrary tribunals , ( against which we have so much contested of late ) as there are presbyteries , or congregations : especially if we grant them a generall power of all things they themselves shall judge to be scandals , without confining them to particulars , or establish their jurisdictions by a divine right , which no meer humane power or i●…stitution can controll ? ninthly , whither if christ hath instituted or left any exact ecclesiasticall jurisdiction , discipline or power of censures to his church distinct from the civill magistracy and censures , this pretended jurisdiction , discipline or power be so absolute and sufficient of it self alone , as to be fully able to correct , redresse , reforme all abuses , scandalls , corruptions , and suppresse all heresies , schismes , errors , vices , arising in every church ? if ●…ot , then we may justly suspect , it is no reall jurisdiction nor discipline instituted by christ , who would (r) institute and bequeath no incompleate , nor imperfect jurisdiction , judicatory , or discipline to his best-beloved spouse the church : if yea , whither is that jurisdiction now contended for by presoyterians or independents , such ? if so , then it is compleate , and every way selfe-sufficient without the concurrence or assistance of the christian magistrate or any temporall authority to assist , maintaine it , or supply its defects : but this none can truly assert nor affirme . for first , no pres●…ytery , classis , or independent congregation hath yet challenged , nor can claim by divine right , any coercive power by way of attachment , imprisonment , or fine , to bring any party or witnes sommoned so much as to appeare before them , in case of wilfull neglect or refusall to appeare , or bee examined , to prepare any cause ●…or sentence . secondly , in case any ecclesiasticall censure of excommunication or suspention be inflicted by them upon scandalous persons after full hearing , if they absolutely contemne the same or refuse to conforme themselves , or by open violence intrude into the congregation , church or force the minister to give the sacrament to them though excommunicated or suspended . thirdly , in case any hereticke , schismaticke , or prophane person shall wilsu'ly separate from our congregations , ( as thousands now doe ) refufing to communicate with us in any ordinances , proclaming us to bee no churches , and passe a schismaticall sentence of non-communion with us , by reason of some unjust exceptions or pretences against our orthodox doctrine , di●…cipline , or forme of government ; and thereupon refuse to appeare before our presbyteries , congregations , or to submit unto their jurisdictions or censures ; in all these and such like cases , the pretended divine ecclesiasticall power , censures of presbyteries , classes , or independent congregations are at a nonplus , & so defective , invalid of themselves 〈◊〉 enforce obedience to such contumatious , or reduce , reclaime such here●…icall , schismaticall , or prophane persons from their obstinacy , heresies , schismes and neglect of publike ordinances , that they are enforced to pray in ayde from the civill magistrate by capias excommunicatums , imprisonments , fines , or other such civill compulsory means ( the only effectuall course by way of censure used in all ages to suppresse , reform (*) heresies , schismes , and the only way to suppresse , redresse them now ) without which all their ecclesiasticall censures , are both contemptible , ineffectuall , and altogether insufficient to reforme abuses : so that if the magistrates be infidels , hereticks , or schismaticks , who will not ; or prophane , negligent , timorous or licentious persons , who care not or dare not to assist the presoyteries , classes , or congregations , in forcing submission to their church processes , censures , they are so defective and ineffectuall of themselves , that none can justly call , or infallibly prove them to be the kingdome , scepter , government , descip●…ine and censures of christ , whereby his church must onely bee governed , purged , reformed , as some now pretend them to be . 10ly . whither matth. 18. 15. 16 , 17. ( if meant of christian presbyteries or church-officers , as is pretended , not of the civill magistracy or jewish sanhedrim ; ) gives any authority to them to proceed ex officio against notorious scandalous sinnes [ as idolatry , blasphemy , swearing , drunkennesse , &c. ) since it speakes not of any publike scandalous offences against god and the church , but only of private personall * trespasses between man and man , to bee proceeded against only upon the voluntary complaint of the party offended , after previous private admonitions , and then reproofes before witnesses , yea , of such offences , which upon private satisfaction we are to forgive 77. times , without any publike complaint , or censure , luke 17. 3. 4. therefore not meant of meer publike scandalls , which no private man can remit , nor no church or presbyterie will grant that they ought to bee 77. times remitted one after another , without the least suspension or excommunication , upon meer externall shewes of repentance : and whether , thou hast gained thy brother , in this text , be meant properly of gaining him to god by true repentance , or only unto him who gaines him , by way of reconciliation , and renewing friendship , as the phrase it selfe , compared with prov. 18. 19. intimates . 11ly . whether , acts 15. 1. to 36. where a synod of apostles , elders , and brethren met together at jerusalem , to debate and resolve a dubious point of doctrine onely about circumcision , without exercising any act of discipline or ecclesiasticall censure on any scandalous per●…son , be a sound divine authority , to evidence to any mans conscience , the divine right of presbyteries , classes , or independent congregations , to inflict ecclesiasticall censures upon scandalous delinquents , or to examine witnesses upon oath against them , of which there is not one sillable in that text ? 12ly . whether the precept of paul , 1 cor. 5. 13. for putting away from among them the incestuous person , written to this particular church in this one case of incest onely , against which heinous scandalous sinne , being then under heathen magistrates , they could not safely complaine to them of it without great scandall , nor go to law before them for ordinary just civil things without great offence , as appeares by the very next words , 1 cor. 6. 1. to 9. when as by the law of god , had the magistrates there beene jewes or christians , this sinne of incest was to bee punished by them , not with excommunication or suspention from the church , but death it selfe , leviticus 18. 8. c. 20. 11. 12. be any satisfactory or infallible argument for the continuance and exercise of excommunication , or suspention from the sacrament in all churches of christ in all succeeding ages in all other cases of sin or scandal , though the magistrates in them be christian , and may , yea ought to punish those sinnes with death or other temporall censures , if complained of ? vvhether those that presse this text , may not as well conclude from the very next words 1 cor. 6. 1. to 9. that it is unlawfull for christians to go to law before any christian iudges now , and that they must sue only before presbiteries or congregations for meer temporall matters , because paul then commanded the corinthians , not to goe to law before heathen iudges to prevent scandall , but only in the church before the saints , or such iudges as the church should appoint them ? as inferre , that all scandalous persons must be excommunicated and suspended from the sacrament by classes presbyteryes , and censured only by them now , not by the christian majestrate , because the incestuous corinthian was then ordered to be put away and pun●…hed by the church and saints of corinth , for want of a christian majestrate to punish him with death , or corporall censures ? yea whether they may not as logically and theologically argue from the very next chapter . 1 cor. 7. 27. where paul writes thus : i suppose therefore that this is good for the present distresse ( or necessity ) for a man not to touch a woman , or marry ; ergo , it is lawfull , yea necessary for christian men or women in all ages , churches of christ to vow perpetuall virginity , and not to mary at all , as the papists thence inferre in defence of their monks , nons , and u●…married clergy . as reason from this text , that paul in regard of the corinthians present distresse and necessity for want of christian majestrates to punish this incestuous , person with death and civill censures adviseth the church of corinth , to put away from among themselves that wicked person ; [ or thing as some read it : ] ergo all ministers presbyteries , and particular congregations of christ have a divine inherent ecclesiasticall right and power in them to punish not only incestuous persons , but all other scandalous sinners with excommunication , suspention from the sacrament , & other church-censures , even when & where there is no such necessity nor defect of christian magistrates , but sufficient s●…ore of them both able and willing to punish such with civill punishments answerable to their crimes and scandalls ? this is all that can be extracted from this text , whereon they most realy ; which must needs bee a grosse inconsequent , because no apostolicall advice to any one particular church upon a private extraordinary occasion and necessity onely , can or ought to bee a generall binding law or institution of christ to oblige all other . churches whatsoever in the like , or any other cases , where there is no such extraordinary occasion or necessity ; as is cleare by one pregnant evidence in the 16. chap. of this very epistle , c. 1. 2. concerning the collection then advised to be made for the saints , by the corinthians every first day of the weeke , or weekely ; which being but a particular advice and direction to this church for tha●… one collection ; is * no binding law or rule to all other churches of christ strictly to imitate in all their ensuing collections , as is evident by acts 13. 28 , 29 , 30. 2 cor. 8. 1. to 21. c. 9. 1. to 15. r●…m . 13. 25 26. phil. 4. 14. to 20. else no church could since appoint any publike monethly collections on weeke dayes , but onely weekely collections on the lords-day , under paine of transgressing the institustitution of christ and this apostle ; which none dare averre : however , since the apostle writes not here to any classis , presbytery , or presbyt●…r , but to the whole church at corinth ; to put away from among themselves , that wicked person : [ that is , to seclude him wholly from their congregation , church , company , and not so much as to eat with him at their tables or keepe any company with him at all , as is evident by ver. 7. 9. 11. ) not to suspend him onely from the lords supper of which there is not one syllable in this chap. nor of any such suspention in the 10. & 11 chap. where he purposely treates of this sacrament ; we may very well question , whether it makes not more against presbyteries and classes divine power of excommunication , and a bare suspention , of scandalous persons from the lords supper only , without secluding them from all other ordinances and church assemblies as well as it , then for them ; it being contrary to the very difinition & practise of excommunication hitherto knowne and used in the church , to excommunicate a notorious scandalous person from the lord supper only once a moneth , a quarter , a yeare , for feare of infecting others , and yet to admit him daily or weekly to joy ne with the church in all other ordinances but it alone : when all [ a ] schoolmen (b) canonists resolve , t●…at excommunication [ especially that they call major excommunication ] excludes men , not only from the sacrament , but likewise from entring into the church , the society of men , prayers of the faithfull ; and those who wittingly keepe company , buy or sell with such , are to be ipso facto excommunicated . whereas many now pretend it should seclude men from the lords supper only , but not from any other ordinance , contrary to thi●… , to [ c ] other texts and all sound antiquity . 13ly . whether there be any ground or example at all in scripture to enjoyne the civill christian majestrate , in cases of obstinacy , contumacy against church censures , inflicted by presbyteries or congregations to become a meere servant and executioner to presbyteries , congregations or church-officers , ( as the pope and prelates anciently made them . ) to enforce obedience to their censures by imprisonment or other coercive meanes , without any particular examination of the merits of the cause , or justice of the procedings ? whether such ministeriall executions of their censures , if admitted , do not necessarily subject the people to a double jurisdiction , vexation , for one & the selfesame scandalous crime , which may prove more intollerably oppressive to them then the most exo●…bitant country committees , or prelats consistories , if not exactly bounded & subordinat the majestracy to the ministery , presbytery and particular congregations , in point of authority ? which if obliged by any divine law to see church censures executed and enforce obedience to them then certainly christian majestrates as such , must either be church offic●…rs as well as ministers , or lay-elders ; the rather because all precepts given to majestrates themselves in scripture , are given only to such * ] godly or christian majestrates who beleive , embrace the scriptures , and are members of a visible church or christian state , as such ; not to any infidells or heathen majestrates , as heathenish , or meere majestrates out of the church ( as some grosly mistake , ) else they were not obliged by gods law to see church censures executed , obeyed , submitted too , if no church officers . 14ly . whether it be not more agreeable to the word of god , the rules of justice and more conducing to the churches peace for the civill m●…jestrate juditially to examine , punish , all pretended scandalous persons with temporall cen●…ures and then if they still continue impenitent to certifie the proofs taken before him to the 〈◊〉 , 〈◊〉 or congregation , upon their request , ●…or their conviction t●…ere to ground an ●…xcommunication or suspention upon , if there b●…e cause : then to ●…ive them immediatpower to examine all scandalls themselves upon oath , without first acquainting the civill majest●…ate with it , or desiring his 〈◊〉 examination of the scandalls , of purpose to subject them to church censures ? since wee read of no such examinations upon oath practised by presbyteries , church-officers , or particular congregations among the jewes or christians in scripture : which if taken in writing and recorded ( as they ought to be , that so they may be produced , scanned upon appeales ) there must then be a particular examiner , or register at least appointed in every presbyterie , classis , and provinciall synod to record them ; for which they will expect a constant fee from the church or state , or an answerable recompence from the parties accusing or accused ; which cannot be setled without act or ordinauce of parliament ( being new fees and offices ) and so it will draw a very great unnecessary charge ( farre greater then that of bishops and their officialls ) upon the people , which they wil very unwillingly beare . in which regard it is fitest the civill majestrates or justices of peace should only take the examinations , of scandalls as they do in cases of felony and other crimes , and certify them to the presbyteries , or classis , as there shall be need . 15ly . whether it be not both unjust and unreasonable to presse the parliament to settle any kinde of church-government as prescribed iure divino , before it be clearely demonstrated or manifested to their iudgements consciences to be so , by perspicuous undenyable proofes from scripture ? or to importune them to grant any unlimited arbitrary power to classes , presbiteries , or congregations , to judge of unknowne contingent scandals , ( never yet thus censured from adams or christs dayes til now ] before they can so much as conjecture what they are , or where ever they will bee perpetrated in our churches ? since offences always use to h preceed laws made to punish them ; and , ex malis moribus optimae oriuntur leges , as all polititians have resolved ? whether the demanding of such an unlimited power to be now established , be not as bad yea more unreasonable then the late prelates , &c. oath ( most justly damned declaimed against , ) and savors not more of wilfullnes then conscience , of the spirit of i diotrephes , then of christ , of whose kingdome some pretend it to bee a most necessary and inseperable branch ? and whether any prophet , apostle , godly presbyter , privat congregation or classis , in the primitive church , ever sollicited their princes or parliaments for such an exorbitant unlimited power ? 16. whether christian princes and majestrates k indulging of over-much power , honour , and ecclesiasticall authority in point of iurisdiction , church censures , and excommunication in former ages to the clergy , under this apprehention , perswasion , that they were most pious , conscientious , holy , moderat , just and humble persons who would exercise it for gods glory only , and the churches good ; hath not beene the true originall cause of all that antichristian tyranny , persecution , exorbitances , of popish prelates , and clergymen , which have over-spred , corrupted , infested the church and people of god ? and whether former examples of this kinde may not justly lesson us to beware of the like error for the present ; though our ministers who claime this ecclesiasticall iurisdiction now contested for by a divine right be never so godly , upright , discreet , humble , conscientious , since we know not what many of our ministers , elders , who must exercise it in the country are for the present ; or what the best of them all or their successors at least may prove for the l future , m ( ambition being mans first sinne and most pleasing to our corrupt natures ; as we see by the example of [u] christs owne apostles , and daily experiences every where ) especially when they have engrossed more ecclesiasticall power into their hands by pretext of a divine right , then ever the expresse law of god , or christ himselfe in his gospell hath delegated to them . it is very observable , that while the ( o ) popes claimed their papacy and superiority over other churches by grants and donations from the christian emperors of rome , they were very humble , loyall , and obsequious to them . but after the long enjoyment of their transcendent jurisdiction by imperiall donations had so far puffed them up with pride , as by degrees to desert their true ancient claime , and challenge both their papacy and supremacy by a divine right from christ himselfe , by wresting divers scriptures to their purpose , ( and some of those among others which our divines now principally insist upon , ) they presently cast off both their subjection & loyalty to the emperours at once ; & so prosecuted them with excommunications , interdicts suspentions , rebellions , force of armes , and parties raysed against them in their owne empires ; that at last they quite trampled them under their feete , disposing of their crownes at pleasure , making them sweare solemne homage to them as their vassalls , and to hold their imperiall crownes from them alone , who formetly did homage to , and held their bishoprickes , with all the papall jurisdiction they enjoyed onely from them : yea if our presbyteries , classes or independent congregations shall be admitted to hold and enjoy all the ecclesiasticall jurisdiction they now pretend to , by a divine right ; and the parliament their power , authority , only by a meet humane institution , and not by as cleare a divine right as theirs ; the next consequence i feare will be ( and we see it already maintained in some (x) presbyterians , and more (y) independents printed bookes ; ) that our parliaments , kings , and temporall majestrates must have nothing at all to do with church officers or church government by way of direction , correction , or appeale , but meerly as their subordinate ministers , to ratifie their determinations , and enforce obedience to their censures ; which if they neglect or refuse to doe , or stop their proceedings by any prohibitions , or legall course , for ought i know , when their divine pretended authority is setled to their mindes , the next thing they shall heare of will bee ; that which our kings , iudges , and officers did heretofore from our clergy in archbishop * boniface his time , when they opposed their extravagances , even a serious admonition to obey their dictates , and after that an interdiction of all their lands , castles , townes , with a suspention of them from the sacrament , or excommunication from or non-communion with their congregations for this contumacy : and then lord have mercy upon us miserable sinners , we may sooner bewayle then remove that spiritual yoak of bondage which we thus suffer voluntarily to be imposed both on our owne and others neckes . it being a very difficult taske and work of many ages to moderate , abate , regulate or suppresse any ecclesiastical jurisdiction , though never so exorbitant , especially if once legally setled , or but incroached by coulor of a divine right , as we see by the papacy , and our late exploded prelacy . i shall therefore close up all with the apostles seasonable advice , gal. 5. 1. stand fast therfore in the liberty wherwith christ hath made us f●ee and he not againe intangled with any yoake of bondage , which christ himself hath not imposed on us by a cleare and evident institution in his word : christs * yoake is easie , and his burthen light , to which all people must with cheerefulnesse submit : if the presbyterians yoake , in suspending men from the sacrament for all kind of supposed scandalls , though they professe unfained penitence for al their sins , & earnestly desire to receive it ; or the independents yoak , in non-admitting or secluding those from their congregations whom they judge not reall saints , or will not subscribe to their private church covenants , ( without any expresse precept or president in scripture , to warrant these their practises , proceedings ) bee not such , we may justly suspect and reject them too , as none of christs . finis . notes, typically marginal, from the original text notes for div a56155e-650 (a) levit. 20. 〈◊〉 to 8. d●…ut . 13. 4. to 18. c. 17. 2. to 8. io●… 22. 10. to 34 2 chron. 23. 17 15. 13. iudg. 6. 30. 31. 1 king 18. 40. 2. king 10. 20. to 29. c. 11. 18. (b) exod. 21. 17. levit. 20. 9. c. 24. 10. to 17. 1 kings 24. 10 to 16. dan. 3. 29. mat. 26. 65. (c) exod. 21. 14. numb. 15. 32 , to 37 (d) exod. 21. 15 , 17. levit. 20. 9. d●…r . 22 18. 19 , 20. iosh 1. 18. 1. sa. 11 , 12. ezr. 7. 25. 26. (e) gen. 26. 11 c. 38 , 24 , 25 , levit. 20. 10 , 15 , 17 , 18. deutt . 22. 22 to 25 levit. 18. 6. to 30. c. 21. 9 john 8 , 4 , 5 , (f) levit. 18. 22 , to 30. c. 20 , 11 , to 22. exod. 22. 19. indg. 20 , 1. to 15 (g) ●…en . 9. 5. 6 exod. 21. 12 , 13 , 14. levit. 24 , 17. num. 35. 15 , to 34. 1 king. 2. 32 to 35 (h) levit. 20 27. deutr. 18. 11. 1 sam. 28. 9. i deu. 31 22 (k) deut. 22. 28 19. 29 , c. 25 2 , 3 2 cor. 11 , 23. 24. c. 6. 5. deu. 12. 47 , 48 acts 16. 22. 23 * jer. 16 throughout c. 29 , 26 , c. 31. 33 , c. 37 , 18 , 19. c : 38 , & 39 * acts 14 , 14. c. 28. 22 * deutr : 17 , 12 13 (l) lev. c. 13. & 14. (m) numb. 5. 12. to 31. (n) exod. 30. 10. leu. 4. and 5. c. 6. 7. c. 7. 7. 8. . num. 8. 19 21. c. 15. 25 , & c hebr. 5. 1 , 2. 3. * regist. f. 267. f●…t . nat. bre. f. 234. (o) gen. 17. 10. to 28. c. 21 4. c. 24. 22. 23 24 exod. 12. 48. e. 4. 24. 25. 26. luk. 2. 2●… . iohn . 7. 22. josh. 10. 2. 3. 7. acts 7. 8. (p) exod. 12. 〈◊〉 . 4 , 15. 21 , 40. ●…0 46. mat. 26 17. to . 26. m●…r . 14. 12. to 19. (q) 2 chro. 30 13. to 21. c. 35 1. to 20 , ezra . 6. 18. to 22. 1. cor. 10. 1. to 8. compared ●…ogether . * see question 1. in the margin . * i am 〈◊〉 〈◊〉 〈◊〉 hu●…dreds of cases in summa 〈◊〉 , 〈◊〉 , 〈◊〉 , 〈◊〉 co●…se us , th●… . ze●…la ; and other canonists tit , ex com 〈◊〉 : ●…nd others , ●…ch 〈◊〉 〈◊〉 , 〈◊〉 in ou●… presbyteries concerning excommunications and suspentions , for the deciding whereof , there is no one rule nor text in scripture : then how can their proceedings 〈◊〉 be jure divin●… ? (r) deut. 22 〈◊〉 2 sam. 22. 31. psal. 19. 7. 2 tim. 3. 1●… (*) i am assured a speciall ( much desired ) active committee to examine and punish the broachers of new blasphemous , hereticall anabaptisticall errors , and gatherers of schismaticall conventicles , would more suppresse them in one month , then all ecclesiasticall judicatories in an age . see iusti●…ian : cod. l. 1. tit. 4. 6. 8. & codex . theod : ●…ib . 16. where we find obstinate hereticks and schis●…naticks , by temporall lawes thus punished and suppressed : 1. they were disabled to inherit by discent , or to purchase any lands ; to buy , sell , make any contract , will , or take any legacy : to sue , or to be witnesses in any court of justice : to beare any office , civill , or military ; to bee present at any councels or elections , or to list themselves souldiers in the army , whence they were cashiered when detected to bee such . 2ly . their goods were all confiscated , or went to their next heires that were orthodox : their persons banished , and in some cases imprisoned and put to death . 3ly . their hereticall ●…ooks were prohibited and burnt , the houses where they kept their diurnall or nocturnall conventicles confiscated , if kept there , with the owners privity or consent : if by the tenants privity without the land-lords , if the tenant were poor ; then he was publikely bastanadoed or whipt , if rich then fined ; and their conventicles both ●…n churches and private places prohibited , suppressed , under severe penalties by these meanes and censures alone heretickes , heresies , scismaticks , have alwayes bin suppressed , restrained in former ●…ges ; but never by church censures , which they both derided and contemned . see frid : lindebrogus codex legum antiqu : leges wisigothor , lib. 13. tit. 2. lex . 2. neap. 1. tit. 1. 2. capital : karoli & lud. l. 5. tit. 183. pauli geschimij , constit : carolinae , rubr. 3. 4 , 5. with our own statutes against recusants , and hereticks ; and these wil be the only meanes to suppresse them now . * so this word trespas is used here , and in , mat. 6. 14 , 15 : luk. 17. 3 , 4. gen. 31. 36. cap. 50 , 17. 1. sam. 25 , 28. though some falsly aver it is never used in scripture but for a trespasse or sin against god . * see 〈◊〉 ●…riumphing over falshoo●… p. 155. 156. al●…xa . a ensis●…um . 〈◊〉 〈◊〉 4. q●… . 21. 22. ●…otus in 4. 〈◊〉 . 23 thomas , 〈◊〉 , 〈◊〉 , darandus , in 4. sent . dist. 18. p. 〈◊〉 enchired th●…oli pars 5. c 1. (b) gr●…tian caus. 11. qu , 3. summa angelica , & rosella . tit. excommunicati●…hostiensis sum. i. 5 : tit. de sentent . excom. ani●…nius 〈◊〉 tit. excom. bochelius , decret. eccles. gal. l. 2. tit. 14. c 2 thes. 3. 14. 2 iohn 10 11 2 tim 3. 1. tit 3. 10. 11. 3 c. 〈◊〉 iohn 10 rom 16. 17 iohn 9. 22. 32. 33 cap. 12. 42. c. 16. 2. numb. 5. 2. 3. 4. c.. 21 14. 15 deut. 23. 1. 2. 3 * see deutr. 17 , 14 , to 21 2 sam 7 , 8 , c. 32. 1 , 3 , 1 kings 17. 9. 2 chron. 9. 8 c. 19. 5. to 11. i. to 13. isay 49. 23. h levit. 24. 10 ●● 27. num. 15. 32. 37. i 3 john 3. 9. 10. 11. k see institu cod. l 1. tit. 7. de episcopali audientia capit caroli et ludovic jup. i. 6. cap. 301. 313. 314. 322. 323 326. 330. lib. 1 throughout . leges wisigoth i. 2. c. 29. 30. l gen. 3. 5. 6. 3. iohn 9. 10. m mat. 20. 20. to 29. luke 22 24 to 31. a acts 20. 29. 31. 2 king 8. 12. eccles. 2. 19. .8 . [u] see philip de morney his mistery of iniquity , carolus molinaeus , commentar : in edict : henrici secundi , &c. contra parvas datas , &c. abbas uspergensis platina & balaeus de vitis pentificum romanorum : grimstosn imperiall history . (x) mr. rutherford . (y) mr. iohn goodwin . master henry burton . mr. saltmarsh . mr. robinson . * lindwade , provinc . l. 5. tit. de paenis f. 226. &c. 10 , de aton const. f. 138. to 142. * math 11. 30 a declaration of the officers and armies, illegall, injurious, proceedings and practises against the xi. impeached members: (not to be parallel'd in any age) and tending to the utter subversion of free parliaments, rights, priviledges, freedome, and all common justice. and to introduce a meer arbitrary power in the very highest court of iustice. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91171 of text r201667 in the english short title catalog (thomason e397_8). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 20 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91171 wing p3938 thomason e397_8 estc r201667 99862168 99862168 114319 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91171) transcribed from: (early english books online ; image set 114319) images scanned from microfilm: (thomason tracts ; 63:e397[8]) a declaration of the officers and armies, illegall, injurious, proceedings and practises against the xi. impeached members: (not to be parallel'd in any age) and tending to the utter subversion of free parliaments, rights, priviledges, freedome, and all common justice. and to introduce a meer arbitrary power in the very highest court of iustice. prynne, william, 1600-1669. 8 p. [s.n.], london, : printed in the year, 1647. attributed to william prynne by wing. annotation on thomason copy: "july 8th". reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. england and wales. -army -early works to 1800. england and wales. -parliament -expulsion -early works to 1800. impeachments -england -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a91171 r201667 (thomason e397_8). civilwar no a declaration of the officers and armies, illegall, injurious, proceedings and practises against the xi. impeached members:: (not to be par prynne, william 1647 3178 9 0 0 0 0 0 28 c the rate of 28 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 apex covantage keyed and coded from proquest page images 2007-06 pip willcox sampled and proofread 2007-06 pip willcox text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a declaration of the officers and armies , illegall , injurious , proceedings and practises against the xi . impeached members : ( not to be parallel'd in any age ) and tending to the utter subversion of free parliaments , rights , priviledges , freedome , and all common justice . and to introduce a meer arbitrary power in the very highest court of iustice . luke 11. 17. a house divided against a house , falleth . london , printed in the year , 1647. a declaration of the officers and armies illegal , iniurious proceedings and practices against the xi . impeached members , ( not to be paralel'd in any age ) tending to the utter subvertion of parliaments rights , and all common justice , &c. it is related by many of our * historians , that thomas cromvvel ( newly created earl of essex ) suffered death and lost his head , being attainted of high treason in parliament , and never called legally to his answer , by a law which he himself had procured ; to suspend from and attaint others in parliament , upon meer general accusations , without particular proofs and before any answer given ; which illegal arbitrary new invention of his ( to prejudice other members , ) proved another perillus bull to himself , he being the first man that suffered by it , upon a meer general charge of heresie and treason : this perillous president as it should admonish some of his name , and all other officers , members in the army or houses , to beware how they give the least way to any such arbitrary unjust general charges , suspensions , proceedings against any man , especially persons or members of eminency and power ; it being a memorable maxime of a most learned * judg and experienced parliament-man in his treatise concerning the high court of parliament , ( lately printed by the houses special order ) that the more high and absolute the jurisdiction of this court is , the more just and honorable it ought to be in the proceeding , and to give example of justice to inferiour courts ; ( uttered upon the occasion of the lord cromwels attainder , and the irregular proceedings therein , which he desired to be buried in perpetual oblivion : ) so it may serve as a most apt paralel to demonstrate to all the world the illegallity and arbitrariness of the officers and armies present charge and proceedings against the xi . accused members , wherein lieutenant general cromwel ( as is evident by sundry printed papers and letters ) hath none of the least ( and some say the grea●est ) hand ; whom this president should specially dis-engage from such a prosecution , the unjustness whereof will appear to all men by these particulars . 1. by the generallity and incertainty of the accusers ; the charge against them being presented in the name of the whole army , without the hands of any particular persons to it , who wil undertake at their perils to make it good , or else to give the accused members and house due reparations if they fail to do it : contrary to the * common and statute law of the land . 2. by the * uncertainty and generallity of the charge it self , in meer general and ambiguous terms ; to which the parties accused can give no answer , nor make any defence : and thereupon voted insufficient by the house 25. junii : to charge or suspend them by the law of the land . 3. by the multitude and quality of the parties impeached ; no less then xi . members at once , all men of approved integrity , fidelity and abilities , who have acted and suffered much for the parliaments and peoples liberties : mr denzel holles , the first of them , was long imprisoned in the tower by the king for his faithfulness and activity in the parliament , 3. caroli : for which good service , some of his accusers & the whole house of commons lately voted him , a large recompence , ( against those who wronged him ) as a person of eminent desert : besides , he was one of the fiv●●●mbers impeached , demanded by the king , and justified by the whole house , for his faithful service to his country , soon after the beginning of this parliament ; yea , his and his regiments valor and gaslantry were the principal instruments under god ( of all the foot ) that gained the field at edg-hil battel ; and after that made good brainford , against the kings whole army , and thereby preserved the artillery , magazine and city it self ( at that time ) from surprizal : since which he hath been imployed in committees , treaties and affairs of greatest trust , which he hath managed with great fidelity and applause : and yet now must be blasted with a * scandalous and illegal general charge . sir philip stapletons gallantry in the field in all the battels fought by the earl of essex , with his good services in the house , in scotland , at the committees of safety , and both kingdoms , are sufficiently known to all men : y●t now they must be rewarded with a malicious impeachment . sir william wallers gallant exploits in sussex , wales , and the western parts with an inconsiderable force , for which he was highly honored , and his diligence in the house and highest committees , to do his country service , must now be all ecclipsed with an uncertain defamatory impeachment , because he would not be hired to turn independent : it is very well known to all the kingdom , that major general masseys valorous defence of glocester against the kings whole army , after the cowardly surrender of bristol to prince rupert by an independent , was the principal means of saving the parliament , city , kingdom from utter ruine and conquest by the cavaliers : yet he must be now impeached and suspended the house by the power of an army , when the independent condemned to lose his head for high treason against the realm in surrendring bristol ( to the lofs of all the west and kingdoms hazard ) must be continued in the house , as an untainted member fit to be these members judge . mr walter long's imprisonment and sufferings for the priviledges of parliament in 3o caroll , for which he was lately voted reparations , and his diligence in the house , are known to most . sir * william lewis , sir john clotworthy's , and mr nichols respective abilities and services in the field , house , army , ireland : mr recorders activity in the house and city for the publick safety : and colonel edward harley's service in this very army , and under sir william waller , plead stronger for their innocency , then the armies charge for their guilt : and yet they must now be aspersed and suspended the house , before particular proofs of any guilt , and mr nichols election ( above 6. years since ] ordered to be reported for want of other matter , to turn him out of the house . and sir john maynard , only for opposing the fenne proiect wherein l. g. o. c. is so deeply ingaged , must be added to the number and suspended . these xi . must be all impeached , suspended without cause , at once , only to * weaken the presbyterian party , that so the independents might over-vote them ( as they have done since at pleasure ) when as the king himself was so modest as to impeach but five commoners at once , to strengthen his party , or else the army wil not be satisfied but march up hither . 4. by their violence to have them suspended the house before any real particular charge or proofs produced against them ; threatning by their remonstrance of june 23. in case the house would not suspend them ( against all law and iustice upon their illegal impeachment ) that they should be enforced to take such courses extraordinary ( for their suspention and apprehention , if not assassination ) as god ( who certainly wil give them no directions in such an unjust prosecution but only to repent of it ) should enable and direct them unto , wherein they far exceeded the kings proceedings against the 5. members ; who in five days after retracted all his charge and proceedings against them , and never prosecuted their suspention from the house , which the army press and reiterate again and again . 5. by their unjust and unreafonable demands after the house had voted ; june 25. that it did not appear that any thing had been * done or said by them in the hous , touching any matters contained in the papers sent from the army , for which they could in justice suspend them . and that by the law of the land , no judgment could be given for their suspention upon those papers , before particulars produced and proofs made : in their manifesto from vxbridg , june 27. wherein they not only slight and tacitly censure these votes as unjust , and contrary to presidents ; but likewise most injuriously and unreasonably press : the delaying of the particular charge and proofs to be brought in against them ; til the greater and more general matters of the kingdom proposed by them , be first considered of and setled : and that in the mean time , these members ( who in modesty only , and to give them some satisfaction in their unreasonable demands desired leave from the house to withdraw themselves for a time ) may by the wifedom and justice of the house be excladed and suspended from entring into it again ( in case they forbear not of their own accord ) til the general affairs of the kingdom be setled ( from the honor whereof they would totally exclude their presence and votes contrary to all reason and equity , after their general charge voted to be insufficient for their suspention ) and til the matters concerning them be heard and determined , when the house shal judg it more seasonable and safe then now . a meer equivocating shift and new found divice , which all honest , just , conscientious persons must detest and protest against , and more especially the countres and burroughs for which those worthy members serve ( who ought unanimously to petition the house therein , as an oppugaing of the rights of parliament , and great injury to them , by whose choyce they were presented to the house , as the county of * buckingham did the king , in the case of m. hamp●en ) to deprive the house and kingdom of the benefit of their faithful votes and advise , without and before any legal charge or proof produced ; and to ●a●s sentence against them as guilty , before any charge of evidence , or bringing them to answer . a thing so un ust , unreasonable , and dishonorable for the army , or then officers to demand , or the parliament to grant , that impudency and injustice itselfe would have blushed to have desired it in private , much more in print : and makes most men now conclude , that the armies flourishes against arbitrary power , and unjust proceedings in the houses , and for the advancement of publick justice , are but meer hypocritical pretences , actually contradicted by their most injurious , unreasonable demands , and arbitrary violent proceedings concerning the accused members , destructive to the very foundation and freedom of parliaments , and common iustice . 6. by their apparant false suggestions wherewith they abuse both the accused members and the house , which all just men and real saints must utterly abominate : whereof take one instance insteed of many . in the manifesto from sir thomas fairfax and the army ; june 27. they suggest to the house ; and declare to the world : that they had their particulars and proofs against the accused members , ready to produce and deliver in : whereupon the members petitioned the house on teusday , june 29. to appoint sr. thomas fairfax and the army a short and peremptory day to send in these particulars and proofs ; that a speedy proceeding may be had thereupon , when they doubt not to make their innocency appear : the house upon this petition ordered them , to bring in the particulars and proofs peremptorily on friday following , being the 4. of july : at which time , neither particulars nor proofs were ready , or produced : but insteed of producing them , they crave longer time to exhibite and make them ready , though they pretended and printed them to be ready , before the members petitioned ; promising to bring in both their particulars and proofs on tuesday next , at which time ( in the afternoon ) they brought in some particulars * below expectation ( of the most whereof the hous had acquitted them by their votes ) without any names subscribed thereto , or proofs to make them good as was desired . which dilatory & indirect proceedings , not tolerable in the case of any private person how mean soever , much less in the cause of so many eminent members and the whole house of commons : makes all ingenious and intelligent men beleeve , that the general and army have no particulars of moment nor real proofs at all against them : and by these suggestions and delaies endeavour causlesly to exclude these members from returning into the house , til they have obtained all their unjust demands , and accomplished all their hidden designs . a practise so destructive to the liberties , rights and freedom of parliament , so injurious to these eminent , able , wel-deseruing members , and the counties , burroughs , and whole kingdom for which they serve : and crys for exemplary punishment against the chief contrivers of it , and wil render their memories , persons no● execrable , and infamous to the present age & all future generation . 7. their mercenary * pamphleters ( as lilburne , amon wilber , britunicus , and others ) in their late seditious scurrilous pamphlers , not only impeach and traduce by name many other members of both houses , preferring the kings proceedings before the parliaments , and extolling the army for enlarging the king from his restraint ; but likewise most grosly traduce the impeached members , as guilty of most dangerous crimes and practises , notwithstanding the houses acquital of them by their votes ; and the armies inability to make good their charge : ( in whom mr saltmarsh writes in his printed letter , there is a mighty spirit raised up for justice and righteousness : we admire at it ) as if it were a matter of admiration to find a spirit for justice and righteousness in any of their late proceedings . we shal close up all with this passage concerning the accused members , in a declaration from sir tho : fairfax and the army , june 14. 1647. p. 7 , 8. we humbly desire for the seiting and securing of our own and the kingdoms common right , freedom peace , and safety : that the persons who have appeared to have abused the army , &c. may be some way disabled from doing the like or worse to us : and for that purpose may not continue in the same power ( especially as our and the kingdoms judges in the highest trust ) but may be made incapable thereof in fvtvre , &c. nor would our proposals of this singly he free from the scandal and appearance of faction or designs , only to weaken one party ( under the notion of uniust or oppressive ) that we may advance another , which may be imagined more ovr own : which their proceedings since against these members demonstrate to be a most real truth and the late general votes concerning members before any particular accusation or impeachment , ( occasioned by their means and over-awing ) by which they may cast out whom they please that shal or dare oppose their arbitrary and unjust actions ; as they have arbitrarily and iniuriously displaced many gallant faithful commissioned officers in the army without proof or cause , and put other seditious turbulent persons of mean quality into their places to strengthen then faction , who at amersham and elswhere turn churches into stables and stables into churches , and beray the lords table itself ▪ to shew what a restoration they intend . finis . notes, typically marginal, from the original text notes for div a91171e-110 * hall , hollinshead , stow speed , anno 32 h. 8. dr saunders , sir edward cook 4 instit. p. 37 , 38 , 39. * sir edw. cook 4 instit. p , 37. * ashes tables title appeals and approver rastal , tit. accusation , 23. e. 1. c , 13. * 1 cor. 14. 8. 25. h 8 c. 14. 25. e. 3. stat. 3 c 9. co. 4. rep. 40. * the main particulars now charged against him have bin fully examined and he cleared of them by the house long since . * who hath long since given a most exact account for portsmouth certified by the committee of accounts and allowed by the house and yet is charged for not accounting . * this is confessed in divers late printed papers to be the plot and real cause of their accusation . an exact collection p. 35. to 55. * this vote acquits them from most of the paticulars in their cod●ge * an exact collection p. 50. * the councel of war and agitators in the army may be charged with more particular and hainous crimes by the members , and more dangerous compliances with the king & malignant party , with drivi●g and abusing the parliament , undue elections &c. then these members * prima pars . de comparatis comparandis ; eight anti-queries . the charge of the army justified judg jinkins apology , with others . ☞ a true and ful relation of the officers and armies forcible seising of divers eminent members of the commons house, decemb. 6. & 7. 1648. as also, a true copy of a letter / lately written by an agent for the army in paris, dated 28 of novemb. 1648, to a member of the said house, a great creature and patriot of the army; clearly discovering, that their late remonstrance and proceedings do drive on and promote the jesuits and papists designes, to the subversion of religion, parliament, monarchy, and the fundamental laws and government of the kingdom. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91305 of text r30121 in the english short title catalog (thomason e476_14). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 26 kb of xml-encoded text transcribed from 8 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91305 wing p4110 thomason e476_14 estc r30121 99872252 99872252 162499 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91305) transcribed from: (early english books online ; image set 162499) images scanned from microfilm: (thomason tracts ; 76:e476[14]) a true and ful relation of the officers and armies forcible seising of divers eminent members of the commons house, decemb. 6. & 7. 1648. as also, a true copy of a letter / lately written by an agent for the army in paris, dated 28 of novemb. 1648, to a member of the said house, a great creature and patriot of the army; clearly discovering, that their late remonstrance and proceedings do drive on and promote the jesuits and papists designes, to the subversion of religion, parliament, monarchy, and the fundamental laws and government of the kingdom. prynne, william, 1600-1669. 15, [1] p. [s.n.], london : printed in the yeer 1648. attributed to william prynne. annotation on thomason copy: "dec: 13". reproduction of the original in the british library. eng pride, thomas, d. 1658 -early works to 1800. england and wales. -parliament. -house of commons -history, (17th century) -early works to 1800. england and wales. -parliament -expulsion -early works to 1800. monarchy -great britain -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a91305 r30121 (thomason e476_14). civilwar no a true and ful relation of the officers and armies forcible seising of divers eminent members of the commons house, decemb. 6. & 7. 1648.: prynne, william 1648 4470 2 0 0 0 0 0 4 b the rate of 4 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2007-07 tcp assigned for keying and markup 2007-07 aptara keyed and coded from proquest page images 2007-09 elspeth healey sampled and proofread 2007-09 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a true and ful relation of the officers and armies forcible seising of divers eminent members of the commons house , decemb. 6. & 7. 1648. as also , a true copy of a letter lately written by an agent for the army in paris , dated 28 of novemb. 1648 , to a member of the said house , a great creature and patriot of the army ; clearly discovering , that their late remonstrance and proceedings do drive on and promote the jesuits and papists designes , to the subversion of religion , parliament , monarchy , and the fundamental laws and government of the kingdom . london , printed in the yeer 1648. a true narrative of the officers and armies forcible seizing and suspending of divers eminent members of the commons house , december 6 , & 7. 1648. the officers and councell of the army , being discontented with the votes passed in the commons house upon a long and serious debate ( which continued all munday , and munday night last , till tuesday morning about 9 of the clock ) to this effect , that the kings person was removed out of the isle of wight by the generals command , without the knowledg or consent of the house . and , that the kings answers to the propositions of both houses upon the treaty , were a sufficient ground for the house to proceed to the settlement of a safe and wel-grounded peace . on wednesday , the sixth of this instant december , 1648. placed strong guards of the army ( as well horse as foot ) in the palace yard , westminster-hall , the court of requests , and in the stairs and lobby leading to the commons-house , where col. pride ( who commanded the guards that day ) sir hardresse waller , and other officers , violently seized upon divers knights , citizens , and burgesses of the commons house in the parliament stairs and lobby , as they were going to the house , to sit and discharge their duties there , and by plain force thrust and carried them prisoners into the queens-court , notwithstanding their open protestations of breach of priviledg of parliament , without having any warrant for such commitment but their swords , or assigning any cause at all but their own arbitrary wills : and there kept them prisoners under a strong guard , denying them liberty of access to the house , which they desired . mr. edward stevens and col. birch being gotten into the house before their seizures , were called to the door by feared messages sent to them by the officers , under other mens names , and there seized on , and violently pulled out of the house , though they cryed out to the speaker to take notice of the horrid force upon them ; and so were haled thence into the queens court ; harry martin the horse stealer , though in actuall rebellion against the house , and formerly ejected out of it , being in the mean time admitted to sit as a competent member . the house being informed of this strange violence offered to their members by those who professed themselves their servants and protectors , sent the sergeant of the house to the queens court , to demand the members there detained , and required their attendance in the house : which message , though delivered , was disobeyed , wherewith he acquainting the house : thereupon the house sent the serjeant forth with the mace , to fetch away the imprisoned members , but the soldiers and officers violently kept him back at the door , and would not suffer him to execute their command . hereupon the house resolved not to proceed till these members were restored ; yet notwithstanding the officers stil proceeded to seiz more members , as they came to , or went from the house , carrying them all prisoners to the court aforesaid . about three of the clock in the afternoon , hugh peter with a sword by his side , like a boisterous souldier came rushing in to see the prisoners , and take a list of their names , by order from the generall , as he alledged ; where some of the prisoners demanding of him , by what authority they were thus imprisoned and kept from their duty , he answered , by the power of the sword ; and returning thither soon after , he released sir benjamin ruddier and mr. nathaniel fiennes ( as he said ) by the like power of the sword . night drawing on , the prisoners desired the capt. who guarded them , to desire col. pride to speak with them , to the end they might know by what authority , and for what cause they were thus detained by him , being members . the proud colonel returned this answer , that he had other imployment for the present , that he could not wait upon them . soon after hugh peter and some other officers acquainted them , that they should all be removed to wallingford house , where they should have all fitting accommodations provided for them , and where the general and lieut. gen. would come and speak with them , and that coaches were provided to carry them thither : upon this assurance , the prisoners went all from the queens court , to take coach at the lords stairs ; where coaches attending them , in stead of being carryed to wallingford house as was promised and expected , they were stayed at the back-gate of hell , ( a common victualling-house so called ) and there thrust all into the common dining-room , and after that translated into two upper chambers . when it grew late , sir robert pye and some six more were offered liberty to go to their lodgings ( being neer ) upon their paroll , to appear before the general the next morning : who conceiving it inconsistent with the priviledge of parliament , and a prejudice to their cause , refused to give any other paroll , then to appear in the house the next morning ; which being not accepted , they were all inforced to remain in hell that night , most of them having no other beds to rest their heads on ( though ancient and infirm , and gentlemen of honour ) but the floor of the room , and benches and chairs : yet they patiently underwent this affront and duresse in hell it self ( culled out of purpose to put a meer signal brand of contempt and infamy upon them and the parliament ) reading and singing psalms to god , spending most of the night in discourses and walking , without taking one minutes rest or sleep . it was a very sad spectacle to see so many eminent and honourable members of parliament so uncivilly and discourteously used by their domineering servants , who exceeded all regal and prelatical tyranny in former times ; which afforded convenient lodgings and accommodations to their prisoners . the provost marshal ( under whose custody they were unworthily put as malefactors ) was so ashamed of this dishonorable usage , that after some conference concerning it , he repaired to the general to white-hall , to acquaint him with it , and receive his further order . the next morning ( being thursday ) the prisoners expecting the issue , he returned to them about 11 of the clock , and acquainted them , that it was the generals pleasure they should all wait forthwith upon him and his councel of war at white-hall , where he desired to conferr with them : whereupon , they were presently put into coaches and carried to white hall like traytors or felons , with strong guards of horse and foot attending them , and there brought into the kings lodgings fasting , and tired out with watching the night before : where arriving about 12 of the clock , they expected a present answer . but our new grandees and great councel of the army took so much royal state upon them , as to make them wait their leisure til it was night before they vouchsafed to send them any answer ; at which time , disdaining to call the imprisoned members in , or to honour them with their more them lordly presence , they sent out 3 officers to acquaint then with this dilatory answer , that other intervenient affairs of great concernment were now in agitation before the general and his councel , so as they could not admit them to their presence that night , as was expected ; and that the general and his councel , for their better accommodation , had given order that they should be lodg'd at 2 inns in the strand , to wit , the swan and the kings head , for that night , where they should receive from them the next morning some propositions to be considered of . after which , the provost marshal taking the names of those who were to be lodged at the kings head , and a list of those who were to be conducted to the swan , carried them all prisoners to the said inns thorow the streets in the dirt on foot ( except some 6 or 7 onely , who were lame and aged ) with a musketier attending upon every one of them in particular , and a strong guard marching before , behinde , and on one side of them , like so many traytors and capital malefactors , to the great admiration and discontent of all persons wel affected to the parliament , and joy & rejoycing to all malignants , papists , and cavaliers , who , had they been conquerors of the parliament , could not have used them with more rigour , scorn and disdain then these pious saints and grandees of the army have done , before they have attainted them of any particular crime or breach of trust ; whereof the whole kingdom can declare all or most of them innocent . being brought prisoners to the said inns , they had strong guards set upon them , and a sentinel at every chamber door all night . thus do these new usurpers of a more then regal and tyrannical power , trample upon the members of the house of commons ( their former masters ) as if they were no better then the dirt in the street ; and to exasperate the cōmon souldiers against them , have slandered the imprisoned members , to be the only detainers of their pay ; when as none of them ever fingered one penny of their moneys : and if any members be guilty of such a crime , it must be those who have most relation to the army , and professe themselves their greatest friends . thursday morning the officers and army guarding the house in the same manner as on wednesday , some of their officers standing at the commons door with a list of parliament mens names in their hands , demanded every members name as he came to the door to enter the house , and those whose names were in their list , they forcibly excluded the house , and turned down the stairs , though they earnestly pressed for entrance : and some of them acquainted the speaker by letter with the high affront and breach of priviledge ; but could finde no redresse , the officers admitting onely such who were not in the list : about 40 members were thus forcibly excluded , but not imprisoned ; onely mr. gewen was seised upon by one of col. hewsons officers , carried prisoner to the queens court , and from thence to white-hall to the rest of the imprisoned members , who were there attending upon the general and his councel : this day the great conqueror lieut. gen. cromwel entered the commons house , and received thanks for his great services , which had been more honourable for him to receive in a full and free house , then in an empty and forced ; the house ( by reason of the restrained and excluded members , with others driven away by this horrid violence ) being not above 80. in number , having formerly resolved not to proceed till their members were restored , and the force upon them removed ; after some debate and opposition , the house was divided upon this question , whether they should now proceed or not ? which was carryed in the affirmative , 50. voting in the affirmative , and 28. or 30. in the negative , that they should not ; who presently left the house , most of them resolving to come no more till the house and members were righted ; this done , to abuse and mock as well god as men , they appointed friday for a solemne humiliation , to be kept in that house , not to expiate the armies open violation of their priviledges , force and breach of faith , both to god and the parliament , which had been commendable , but to procure a blessing on the forcible and unparliamentall proceedings , for the subversion of monarchy , religion , lawes , liberties , and three kingdomes in a moment : dethroning and beheading the king , and desinheriting his posterity , and introducing a popular anarchy and tyranny under the power of a perfidious army , worse then any slavery under the great turk : the lord humble them in good earnest for these crying sins and treasons , and either convert their hearts , or confound all their treasonable destructive devices of this kind , which will render them infamous to the present and all future generations , and bring them unto speedy ruine , notwithstanding all their present usurped power . it is beleived by divers understanding men of great experience , that the jesuits have laid this plot , and fomented these distempers in the army , by the agitators , some of them being jesuits , others anabaptists , leavened with jesuiticall principles ; who over-reach the honest-minded and plain-hearted christians in the army by their speciall pretences of justice , and speedy setling of the common-weale , but in such a way as will bring all to suddain confusion , and make our three kingdomes a prey to the popish party ; and our forraign popish enemies , who will make bonefires of joy in italy , spain , france , ireland , and other forraign parts for this unparaleld force upon the houses , and the designes of the army now in prosecution . friday morning the imprisoned members expected a message from the generall and his councell , according to promise ; but they received none , such is their dilatorinesse and fidelity in point of promise , onely one came with a message from the generall to sir robert harley to this effect , that he might go home to his house , and continue there , so as he would give his word not to oppose the present actings and proceedings of the house or army , varying in his expressions ; at which sir robert desired time to advise with his fellow prisoners , being a matter which equally concerned them ; the like offer was since made to sir john merrick , by which it is apparent , that all these prisoners crime is onely the discharge of their duty , in opposing the present designes and actions of the army , to subvert the fundamentall lawes , liberties and government of the kingdome , and the ancient forme of parliaments ; for which treason strafford & canterbury lost their heads by judgment of this very parliament . by all these passages , compared with the armies late remonstrance and declaration , it is most perspicuous to all the kingdome , 1. that the officers and army have offered far greater violence to the priviledges , houses , and members of parliament , and acted more towards the dissolution of this present , and subversion of all future parliaments , then ever the king or his cavaliers , the gunpowder traytors , germyn or percy did ; or the reformadoes and london apprentices did , whom yet the officers and army declared against , and prosecuted as traytors , though they neither imprisoned nor kept back any member from the houses . 2. that they have violated their covenants , oaths , trusts , and solemne ingagements to the parliament , city , country and kingdome , in as high or higher degree as ever the king and his evill counsellors did , in invading the priviledges , forcing the houses , imprisoning the members of parliament , and indeavouring by open force to subvert the fundamentall government , lawes , liberties and customes of the realme , and the ancient frame and being of parliaments , for defence of all which they were raised , and covenanted to fight for and maintain . that they have usurped a far greater and more dangerous arbitrary and tyrannicall power , over both houses of parliament , and their members , and over the persons and estates of their fellow-subjects , then ever the king , or the worst of his counsellors did , and that under the feigned pretences of present necessity , and common safety , of which they make themselves the only supreme iudges , not the parliament , as the king did in the case of ship-money : and therefore they must either justifie or acquit the king & his party from all those charges & objections against him in their late remonstrance , for which they presse the houses in point of justice , both to depose and execute him as a traitor to the common-wealth , or els incur the self-same crime and guilt , and subject themselves to the same judgment and execution , which they desire to be inflicted upon him and his . the names of the imprisoned members . m. wheeler . m. lane . sir samuel luke . sir thomas soame . sir benjamin raddierd . sir richard anslow . sir robert pye . sir anthony irby . m. clement walker . m. william prynne . m. bunkley . major generall massey . sir walter erle . m. greene . colonell birch . m. boughton . colonell leigh . m. henry pe●ham . m. drake . sir william waller . sir john merrick . sir martin lister . sir robert harley . col. ed. harley . m. swinfen . m. crew . m. ed. stephens . m. buller . sir gilbert gerrard . m. gerrard , m. nath. fines . sir simon d' ewes . sir william lewes . sir iohn clotworthy . lord wenman . colonell william strode . commissary copley . m. vaughan of exeter . sir harbottle grimstone . m. prisley . m. gewen seized upon thursday . sir henry cholmley seized at his lodging , and sent prisoner to the crowne . psal. 55. 12 , 13 , 14 , 15 , 16. for it was not an enemie that reproached me , then i could have borne it ; neither was it he that hurted me , that did magnifie himselfe against me , then i could have hid my selfe from him . but it was thou , a man mine equall , my guide , and mine acquaintance . we took sweet counsell together , and walked unto the house of god in company . let death seize upon them , and let them goe downe quick into hell : for wickednesse is in their dwellings , and amongst them . as for me , i will call upon god : and the lord shall save me . a true copie of a letter written by an independent agent for the army , from paris in france , to an independent member of the house of commons , a great creature and patriot of the army . extracted out of the originall . deare sir , i was exceeding glad to receive the doctors lines , that intimated your recovery from that distemper that had seized upon you ; i doubt not but it had this effect upon you , to let you see , what a fraile thing our bodies are , and what need we have to be sure of our building not made with hands , reserved in heaven for us . i am at present ( praised be god ) indifferent well , the place where i am , in respect of all outward accommodations , very well agreeing with me , and very much exceeding england , onely defective in this , that i cannot find a m. westrow , nor doctor stanes here , to make a bosome-friend ; and yet in that it is not altogether so barren as i did , and you may well imagine it : i am fallen into the acquaintance of three or foure catholikes of very great ingenuity , and in their way of much religion : undoubtedly it is an error to look at all papists through the same perspective ; for they are more to be differenced then english papists can be . i find their opinion of , and dependence upon the pope , little , or nothing what we imagine it to be , and better principled to make members of a commonwealth , then the most english ▪ their opposition to the king is not to be reconciled ; their hopes are now upon the army , to whom they wish all prosperity , as to the setling of a representative , being extremely distasted with regall hereditary power throughout the world . it seems my lord say hath undertaken to procure a passe from the house for sir kellam digby to come over to england ; he is not , according to your rule , a delinquent , but it seems came over into france by the house of commons licence , acquitted from any crime . let me desire you when it comes to be moved in your house , give it the best promotion you can ; one would think a businesse so reasonable should find no opposition : but to such a constitution as you are of , no man can tell what is reasonable . he never was in armes , and i believe , can easily answer any thing that can be objected ( save his religion ) why he should be from under sequestration . let me intreat you to speak to as many of your acquaintance as you can , that when it comes to be moved , it may not be repulsed . i could heartily wish you and mrs. westrow , and the doctor had a good occasion to bring you over into france ; ( if so ) i should not think of returning into england whilest you stayed . i have no more at present , but my own and wifes best respects to you and mrs. westrow , i remaine , paris , 28. novemb. 1648. your very assured friend , a. b. by this letter it is apparent , that the jesuited papists in france are in such opposition to our king for his compliance with his houses of parliament to settle the kingdome , and extirpate masse and popery , that they are not to be reconciled to him ; and therefore indeavour to depose and bring him to execution , and disinherit his posterity . that their hopes to effect this their designe against , and execute this their revenge upon the king , are now upon the army , to whom they wish all prosperity . that they foment , and prosecute with their prayers and advice , the armies new modell for setling of a representative in parliament , of purpose to dissolve this present parliament , ( which hath acted so much against them and their popish religion , and is now giving it its finall and fatall blow , if they and the king shall close ) and to subvert all parliaments for the future , for feare of falling into the like danger by them . that independents , and friends of the army have a far better opinion of roman catholikes , then english protestants ; as being better principled to make members of a free commonwealth then they : and therefore are more likely to favour , and close with roman catholikes , then english protestants , in carrying on their new designes , expressed in their late remonstrance . that the jesuites and roman catholikes are extremely distasted with regall hereditary power throughout the world , the onely obstacle to their designes , in subverting the protestant religion , and making all kingdoms meere vassalls to the pope and sea of rome ; and therefore the officers and army in prosecuting their remonstrance , and new intended representative , and subverting regall hereditary power , do most apparently carry on nought else but the very jesuites and roman catholikes interests and designes , and accomplish their desires , either wittingly or willingly , as acting by their principles , if not counsells , and aiming at their very ends ; which is high time for all wise and well-affected protestants both in the army , parliament and city , and our three kingdoms , most seriously to consider and prevent the imminent ruine and destruction even of our reformed religion it self , and our hereditary monarchy , the present and all succeeding parliaments ; our lives , liberties and kingdomes , all now drawing to their fatall period , by the heady violence , trechery and disobedience of that very army , which hath been raised , cried up , and trusted upon too much , as their onely saviours , for which god in justice may now make them their principall and sudden destroyers , unlesse both they and we repent . finis . the second part of the narrative concerning the armies force and violence upon the commons house, and members. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91272 of text r9402 in the english short title catalog (thomason e477_19). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 15 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91272 wing p4074a thomason e477_19 estc r9402 99873544 99873544 162531 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91272) transcribed from: (early english books online ; image set 162531) images scanned from microfilm: (thomason tracts ; 76:e477[19]) the second part of the narrative concerning the armies force and violence upon the commons house, and members. prynne, william, 1600-1669. 8 p. [s.n.], london : printed anno dom. 1648. attributed to william prynne. apparently intended as a continuation of his: a true and ful relation of the officers and armies forcible seising of divers eminent members of the commons house. annotation on thomason copy: "decemb: 23". reproduction of the original in the british library. eng england and wales. -parliament. -house of commons -expulsion -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a91272 r9402 (thomason e477_19). civilwar no the second part of the narrative concerning the armies force and violence upon the commons house, and members.: prynne, william 1648 2465 5 0 0 0 0 0 20 c the rate of 20 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-07 tcp assigned for keying and markup 2007-07 aptara keyed and coded from proquest page images 2007-09 elspeth healey sampled and proofread 2007-09 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the second part of the narrative concerning the armies force and violence upon the commons hovse , and members . london , printed anno dom. 1648. the second part of the narrative concerning the armies force and violence upon the commons-hovse and members . vpon thursday the army ▪ engaged members of the house of commons [ most of them being treasurers , great accomptants , purchasers of bishops lands , or such as hold great offices by the houses gift , or received great summes of money upon pretence of great losses never yet appearing or made good upon oath ] above one hundred members being secured , or violently kept out of the house , by that insolent colonell pride [ which usually goeth before destruction ] after their hypocriticall fast was ended , were pleased to adjourne the house till tuesday ; that the generall and his grand councell , ( of which there is scarce one gentleman of quality , but poore mechanicks of smal or broken fortunes before the wars ) might possesse themselves of the city , plunder all their treasures to pay the souldiers , secure their gallant sheriffe browne a member of the house , and act their parts with other members , to new ▪ modle the house , according to their hearts desire ) adjourned til tuesday . in the mean time the generall and his agents under pretences of favour and respect to some of the imprisoned members , endeavoured by subtilty to engage them to give their parol to him to continue at their houses or lodgings in or neare the town till the house should command their attendance , and in the meane time , not to act against the parliament or the army : which most of them upon debate refused to accept of , conceiving it to be a voluntary confinement of themselves and subjecting of them to the generalls power inconsistent with the honour or priviledge of parliament , and thereupon refused to remove upon any such restrictive termes unlesse absolutly discharged without any condition or restriction whatsoever . whereupon the generall continues them still prisoners , they having liberty only to remove their lodgings to places more convenient . on tuesday morning the army placed guards of their owne upon the commons house againe , and though they had secluded and driven away neare two hundred members before , yet they had a list of more members fit to be excluded and purged out ▪ whereupon mr. edward boyes one of the knights of the shire for kent ( a great friend of theirs ) sir humfrey tuston , and some six more members entring into the house to discharge their duty , were violently kept back by col. pride and his officers ; and sir edward martin knight of the shire for devon being in the house it selfe , was kept out and secluded the house . o the tender regard of the priviledges of the house , which these saints of the army boast of in the very first line of their late remonstrance : and * the restitution of the houses to a condition of honour , freedome and safety , and preserving them therein , which they so much vaunted of , and for which they and both houses kept a solemne thanksgiving [ mocking both god and men thereby , who hath justly rewarded them for that damnable hypocrisie ] in august 1647. it seems these parliament saviours and protectors then , are turned parliament destroyers and subverters now , as they professe to the world in print in their proud and treasonable , ( which they stile humble ) proposalls and desires , dated decemb. 6. 1648. a new iesuiticall gun , pouder treason to blow up parliaments ▪ as soone as the house was set , mr. nathaniel stephens knight of the shire for the county of gloucester , reported to the house the violence offered to mr. ash and other members of the house who were imprisoned and forcibly secluded by the officers of the army , and thereupon moved the house to vindicate their priviledges and right their members , and not to proceed in any businesse till that was done ; else he could not in consciecne or honour joyne with them , but must and would withdraw . yet the engaged faction ( who formerly fled from the house to the army for security when there was no actuall force upon the houses in iuly 1647. and passed an ordinance by a greater force from the army , for nulling and vacating all ordinances , orders and proceedings in parliament , during their absence from the house upon a mere pretext of force ) not only continued sitting in the house without flying from it , when under such an horrid force of the army as this upon their members , but also proceeded to act , though not above 45. in number ; and to vote the votes for no more addresses to the king to be revived , and unvote the votes for the treaty with the king , as prejudiciall and dishonourable to the kingdome , and likewise un-voted the votes for restoring the ten impeached members . these votes being passed , the generall by a party of horse and foot violently seized upon sheriffe browne a member of the house , and secured him prisoner in st. iames , to a roome without hangings or bedding : and about 4. of the clocke at night captain lawrence the marshall of the army brought a message from the generall and his councell to remove sir william waller , major gen. massey , sir iohn clotworthy , and commissary copley , from the kings head in the strand , where they were six dayes imprisoned , to st. iames . upon which they expostulating with the marshall desired him to bring an order in writing from the generall or his councel for their removall , they having never seen nor heard of any warrant from them in writing for their former restraint : whereupon he repayred to the gen. & returned with a warrant under his hand for their removeall to st iames about 6 of the clock . upon reading whereof , they read a protestation drawn up in writing and signed with all their hands to this effect : that they being members of parliament and free men of england did protest before god , angells and men , that neither the generall himselfe nor his councell of warre , had any power or authority to seize , detaine , imprison , or remove their persons , nor to try them by a councell of war : and that they had usurped to themselves a greater arbitrary power over the members of parliament , and freemen of this realme then ever this or any other king of england had arrogated to himselfe &c. and that though they neither would nor could submit to their usurped power , yet they would alwayes be ready to submit themselves to any tryall by a free parliament , for any crime that could or should be suggested against them . which when they had read , they tendred to the marshall to deliver it to the generall and his councell , who refused to receive and left it upon the table . some other members there present , alleadged to the marshall , that these proceedings of the army against the members by mere power without any authority at all , ( by which alone the marshall there openly affirmed the generall and officers now proceeded ) was as bad or worse then that of the great turke or ianizaries . that it was a farre more arbitrary and tyrannicall power then ever the king or his evill councellors , or the most persecuting courts and prelates usurped or exercised , and that all their tyranny , oppression and injustice was not comparable to theirs : that this was that the officers and army protested against in all their declarations , and professed they had fought against , and therefore it was monstrous themselves should exercise such tyranny , and injustice now even upon members themselves , and how then would they tyrannize it over others ? the standers by were deeply affected with this new monstrous tyranny and persecution of gallant members and commanders , who had done such brave services for their countrey , and were thus tossed up and down at the lawlesse pleasure of ignoble and degenerous usurpers of more then regall power , from prison to prison , and accompanying them to the coach and there taking their farewells of them , they were guarded with musquetiers and carried in the dark to saint iames prisoners , and there shut up in a foul room where the souldiers had layne some nights before , without hangings or bedding to rest their heads upon , where they must lye all night upon the boards as they did in hell , if not otherwise provided for . certainly if these proud officers of the army , and monsters of tyranny had not cast off all humanity , all christianity , all fear , all love of god or men , and that noblenesse and ingenuity , which is incident to the rudest soldiars towards soldiers and gallant commanders in the wars as these gentlemen have bin , and quite degenerated , into beasts , they could not shew such unheard of cruelty and inhumanity to these honourable members and patriots of their countrey , and use them more barbarously though their masters and freinds , then usually they did the worst cavaliers , or then the king himselfe and his souldiers would have treated them , had they taken them prisoners in the field . doubtlesse this most execrable tyranny of these new kings & tyrants at white-hall will engage both heaven & earth unanimously against them , and bring them unto fearfull ends and speedy ruine , if they repent not , and returne to their pristine obedience . and their commissions being forfeited & nulled , the soldiers absolutely discharged from any obedience to them , the parliament from any protection of them , the kingdome from all contributions and taxes towards them , and the members , kingdome and god himselfe enraged against them ; for this their exorbitant and matchlesse tyranny , and horrid rebellion in levying w●rre upon the houses , forcing and imprisoning their members , and casting them into hell and other inconvenient places without any fitting accomodations , they must of necessity sodainly fall , perish & becom like dung upon the earth , and of a most glorious and victorious army , laden with honor and booty , become the very scorne , sink and scumme of men , which god give them hearts and grace to consider , before it be too late : and to remember that of the psalmist psal. 140. 11. evill shall hunt the violent man to overthrow him . it overthrew violent strafford , and laud this very parliament and cost them their heads and it will overthrow the gen. & councell of war to , who far exceed them in violence and tyranny of all sorts , and in overturning parliaments , lawes , liberties , and the ancient government of the kingdome , which have ever overturned those who have endeavoured to subvert them , and brought them to a dishonorable and shamefull end . wednesday the 13 of december , the officers of the army kept out sir iohn hippesley and mr. packer , and would not permit them to enter the house ; where they repealed the vote of the commons on munday the 4. of december , that the king was removed from the isle of wight without the privity or consent of the house : there were out 45. in the house to repeal this vote passed by 240. and those 45 are very eminent for their extream honesty , and publique receipts of the kingdomes treasure . after which the army hackneyes repealed likewise the vote of the fifth of december last passed by above 141 votes , that the kings answer to the propositions were a sufficient ground for them to proced to the setlement of the kingdome , which they desire to embroyle in perpetuall wars and broyles , that they may keep their offices , and what they have gotten into their hands by hook or crook : whiles those who have spent their estates and adventured their lives in these wars and have more honesty in their little fingers , then those that sit in their whole bodies , are imprisoned and restrained from the house by a company of rebells , against their superiours , to give them no worse title . thursday the 4th . of december , the fagge end of the commons being about 43. in number , considering that all the best and honest men were secluded from them by the army , and protested they were no house , moved that they might send to the generall to know upon what accompt their members were restrained and secluded by the army , but with this unworthy addition , that they should carry with them the votes that passed the day before , for his councell of wars approbation , repealing what the excluded members had formerly voted a thing so dishonourable and below a parliament ( if they were worthy the name of one ) that they deserve eternally to be excluded all future parliaments , ex cauda draconem , you may see what beasts they are by this dragons tayle . the 20. of december the generall sent for 16. of the imprisoned members to his lodging : where comming , commissary ireton , col. whaley , and col. rich acquainted them that the generall was fallen sodainly ill , and kept his chamber , and thererefore left them to acquaint them with his minde . that they were all absolutely discharged ; and had freely liberty to go to their lodgings and houses ; but did expect they should act nothing contrary to the present actings ; and if they did it would be the worse for them . to which they gave no present answer , and will advise how they accept of liberty upon such conditions . finis . notes, typically marginal, from the original text notes for div a91272e-100 * see their declaration of august 18. 1647. ten quæres upon the ten new commandements of the general council of the officers of the armies, decemb. 22, 1659 ... prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56217 of text r19378 in the english short title catalog (wing p4101). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 17 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56217 wing p4101 estc r19378 12673390 ocm 12673390 65508 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56217) transcribed from: (early english books online ; image set 65508) images scanned from microfilm: (early english books, 1641-1700 ; 365:8) ten quæres upon the ten new commandements of the general council of the officers of the armies, decemb. 22, 1659 ... prynne, william, 1600-1669. 8 p. s.n., [london : 1659] attributed to william prynne. cf. bm. place and date of publication from wing. reproduction of original in huntington library. eng england and wales. -army. -council. -agreement of the general council of officers of the armies of england, scotland and ireland. great britain -history -commonwealth and protectorate, 1649-1660. a56217 r19378 (wing p4101). civilwar no ten quæres, upon the ten new commandements of the general council of the officers of the armies decemb. 22. 1659. prynne, william 1659 2901 9 0 0 0 0 0 31 c the rate of 31 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2002-04 tcp assigned for keying and markup 2002-04 apex covantage keyed and coded from proquest page images 2002-05 tcp staff (michigan) sampled and proofread 2002-05 john latta text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion ten quaeres , upon the ten new commandements of the general council of the officers of the armies decemb. 22. 1659. now declaring themselves , the only supreme legisers , and absolute soveraign lords of our three kingdoms of england , scotland and ireland , by what just title from god or man , we yet understand not , unlesse it be from the * man of sin , opposing and exalting himself above all that is called god and worshipped , by his own usurped authority and ambition . 1 whether the nobility , gentry , ministry , citizens , yeomen , and other freemen of england , scotland , and ireland ( the supreme authority and legislators of the 3. nations by the army-officers former votes , declarations , agreements of the people , and the rumps too ) have not better reason and authority to agree and vote , that the government of england , scotland and ireland , and the dominions and territories thereunto belonging , shall be in the antient legal , safe , honourable , known way of a kingdom , and monarchy , by an hereditary lawfull king , according to the fundamental laws , oaths , protestation , league , covenant , the parl. and these officers former numerous declarations , remonstrances , and proposals , than in the way of an unknown , unborn utopian free-state and commonwealth ; the bare notion whereof without any conception or production , hath involved us in 11. years dangerous wars , confusions , distractions , revolutions , without any probability of ease , tranquilliey , or settlement ? 2. whether they might not with as good authority and reason have agreed , that they will not have god himself , and jesus christ ( who are not excepted , but included in their vote , ) to exercise a kingship in th●se nations ; nor any single person to exercise the office of chief magistrate over the city of london , or any other city or corporation in our 3. kingdoms : or the office of a general over any of our armies , or admiral over any of our fleets ; or of a collonel or captain over any regiment , troop , company , ship in the armies , or navies of these nations ; or one speaker to sit in any parliament , or one chairman in any committee , or one head to exercise any authority over the natural bodie of any officer , souldier , man , woman , child within their new kingless , headless free state and commonwealth ; as that they will nst have kingship to be exercised in these nations , nor any single person ( out of which fleetwood , lambert , & all other maried , ‖ double-souled officers are excepted , being no single persons ) to exercise the office of chief magistrate over the same ? and whether these voters have not lost their heads or brains at least , & passed this vote out of pure necessity , because for the present , their chieftains cannot or da●e not claim a kingship , or monarchieal protectorship over us , through others oppositions , though they ambitiously desire it , as well as their deceased ambitious bloudy tyrant oliver ? 3 whether they had not with better justice voted ; that there shall be no l. fleetwood , l. lambert , l. desbrow , l. h●wson , &c. nor any general council of lording lordly officers of the armies of england , scotland and ireland , nor wailingford house , taking upon them a power which no lords house ever used , to impose laws , not only on the soldiers , but lords , commons , and freemen of our whole 3. nations ; than that there be no house of lords , or peers ? and whether they may not order the lords house at westminster , and all lords houses within our 3. realms to be demolished , by the letter of this vote ; and deprive the lords and peers of their hereditary mansion-houses , lands , as well as of their honors , peerage , and session in parliaments ? 4. whether the general council of officers●●y their former and late instruments , votes , and this their agreement , whereby they usurp both the legislative and executive power over our 3. nations and parliaments in the superlative degree , ( which no military officers or council under heaven ever did before them in any age or nation ) have not already contradicted this their agreement , that the legislative and executive power be distinct , and not in the same hands ? and whether either of these 2 powers ought to be henceforth intrusted in their hands ? 5. whether henry garnet , guy faux , with the rest of the old gun-powder-traytors , who sate in counsel together how to blow up the king , lords , and parliament in the 3d. year of king james , and all those persons and every one of them , who since the 1. of october 1659. have acted and executed any treason , murder , rape , robbery or villany whatsoever for which they deserve execution at tiburne ; may not with as much authority , justice , law , equity , indemnify themselves and all their confederates both in their persons and estates , for all such things as have bin done by them , or any of them , or by any acting under them in pursuance of their authoritie ; as the council of officers and their committee of safety can indemnifie one another , and those who have acted under them , for all such things as have been done by them or any of them , in pursuance of the instructions given them by the council of officers ? whether this be not an open in-let and * incouragement to all treasons and villanies whatsoever , for these officers and their instruments to act new treasons and violences over and over against the parliament , king , lords , commons , kingdom , people , with most daring impudencie , and then to force and procure an act of total indemnity and final oblivion for them , as to their persons and estates , when perpetrated and committed ? 6. whether such persons as have acted , done or spoken any thing before or since the first day of october , 1659. for charles stuart ( their * undoubted lawfull king ) in pursuance of their oaths , vows , protestation , league , covenant , the laws of god and the realm , the declarations , orders , ordinances , remonstrances of parliament , and army officers themselves whiles in their right wits ; do not better deserve an act of indempnity , and perpetual oblivion both for persons and estates for all and every thing and things , acted , done , spoken , ordered , or suffered to be acted or done , with respect to raising of forces , issuing of mony , and proceedings of any kind for his service ; than all and every of the council of officers of the army , their committees of safety , or any other person or persons under them , for all and every thing and things acted , done , spoken , ordered , with respect to raising of forces , levying or issuing monies , proceedings in any courts of law , or otherwise , against the kings , parliaments , lords , commons , or rumps authority , and the known laws , liberties of our three nations ? whether their voting such an act of indempnity and perpetual oblivion for themselves & their confederates alone be not an evident confession and proclamation of their own guilt and treachery to all the world ; and their excepting of all such who have acted , done , or spoken any thing for or on the behalf of charles stuart , out of their desired act of indempnity and oblivion , a real argument & declaration of their * innocency , loyalty , and legality of their actions ; and the unsaint-like malice , part●ality , injustice of these guilty voters in indempnifying themselves and all their adherents only against the highest treasons and rebellions , crimes that possibly can be perpetrated by men ; and yet exposing all royallists to the extremity of justice , ( if delinquents as they doom them ) only for their loyalty to their liege-soveraign ? surely — dat veniam corvis , vexat censura columbas , was never so really verified by any as these gracious army councellors . 7. whether their extraordinary zeal & care in providing , that such who profess faith in god by jesus christ , though differing from the doctrine , discipline , and 〈◊〉 publickly held forth , shall not be restrained from , but shall be equally protected and encouraged in the profession of the faith and exercise of their religion , so as they abuse not that liberty to the civil injury of oth●rs : doth not open a wide door to all damnable heresies , blasphemi●● , sects , opinions whatsoever , to the ruine of our churches and religion ; and give a free toleration , encouragement , and protection to all jesuits , popish priests , fryers , and romish emissaries whatsoever , under the disguises of other sects , & seperate congregations , professing faith in god by jesus christ , into which they creep to introduce the body of popry and jesuitis●● amongst us , both in theory and practise , ( as they have done of late years ) in a higher degree than ever ? whether any doctrine , worship or discipline can be said , to be publickly held forth , when all of all sorts are thus equally protected and encouraged by their agreement . how they can in conscience or justice in words provide , that this liberty be not extended to popery or prelacy , when they so freely allow it to all others , though hereticks or blasphemers , far worse than bare papists , or prelacy ? and whether their last restriction , nor to such , as under the profession of christ , hold forth and practise licentiousness , extends not principally to themselves , who under the profession of christ , hold forth and practise the greatest licentiousness , even to act all kind of treasons , rebellions , violences , rapines , murders , plunders , oppressions , perjuries , hypochrisies , atheistical impieties , sacrileges , treacheries and villanies , with greater impudency , indempnity , and incorrigibility ( after * publick and private seeming humiliations for them ) than they were ever yet acted in the world by men professing faith in god by jesus christ , or the true reformed religion ? 8. whether the impoverished , undone people of our three nations , have not far juster cause and reason to detain the arrears of pay pretended to be due to most of all the rebellious officers and forces of this common-wealth , ( as forfeited by their manifold treasons , rebellions , and mutinies against their superiours , and obeying only the wills , lusts , orders of their ambitious , mutinous chief commanders , whose devoted servants they are ) than they thus peremptorily to demand , that the arrears of pay to the armies and forces of the commonwealth , now due or incurred to them , or any of them ( though never so treacherous , rebellious to their lords and masters the parliament and people , who must pay them ) be with all convenient speed satisfied and paid ; before their repentance , and declared future obedience to the parliament and people , whose servants and mercinaries they only are and ought to be , in truth ? 9. whether the old secluded members , rump , nobility , gentry , free people of england , scotland , and ireland , or any free parliament elected by them , can with honor , justice , or the publick peace , safety , settlement , after so many former and late rebellions , treacheries , perjuries , breaches of protestations , covenants , commissions and ingagements of all sorts , by the army and their officers , condescend to their 9th law ; that the armies , forces and navies of this commonwealth , as the same stood upon the 9. of octob. last , be continued and maintained under the same conduct , as the same stood upon the said 9. day of october , for the security , service , and peace of this commonwealth , and not to be disbanded , nor the condust altered until the cause contended for be secured ( and what that is we know not , unless that the army-generals and their council of officers may be our only kings , lords , and parliament legislators ; call and dissolve parliaments at their pleasures , vote & unvote what they will without punishment , and ruine our 3. nations without opposition ) and the government of this commonwealth , as is before proposed , be effectually setled : be not a most unjust , unreasonable command , exempting the army and officers from all subordination and obedience to any parliament , council , or power of the nation whatsoever ? an absolute imposing of a perpetual uncontrollable army , and iron yoak of bondage upon the 3. nations and their parliaments galled necks , who must only pay and raise monies for them , and obey their prescriptions ? and whether the officers and conductors of this army , who have so frequently disturbed , subverted the security , service , peace and settlement of our nations both heretofore and at present , and been so treacherous , mutinous , can be continued undisbanded for any other end , but only to act over their former tragedies and pranks of rebellion at their pleasures , and then force a new act of indemnity and oblivion to expiate them , and make themselves monsters of treachery , and parliaments the very scorn , shame , dishonour of our nation and the world ? 10. whether their 10th . and last agreement , that we whose names are subscribed , do hereby promise and engage by the help of god ( it had been truer , by the assistance of the devil , the * spirit who ruleth in the children of disobedience ) to stand by and assist each other in the obtaining of the things before mentioned , be not a new treasonable engagement against the lawes , liberties , freedom , privileges , birthrights of our nations and parliaments ; in opposition to the cities and common-councils declaration , dec. ●0 . well deserving all past arrears , and future pay , without disbanding ? whether those officers who have subscribed this engagement , be likely to observe it better , than they did their late and former engagements , to be true , faithfull , and constant to their new lords and masters from whom they received their commissions ? the faith , property of an army-officer and souldier , being now refined to this quintessence of atheism ; to be faithlesse , treacherous , perfidious to all others , and faithfull , loyal unto none , any longer or further than consists with his own interest and self-designs . whether there can be any probable or lively hope of curing the manifold desperate wounds , fractures , convulsions , confusions in our expiring church , state , or of establishing any lasting peace , government , unity or tranquillity in our distracted nations , without an impartial restitution of all real members of our english parliaments to their antient indubitable privileges , to meet , sit , vote with all freedom and security , without the least forcible suspension or seclusion ? and whether there be any possibility they should thus sit and act , till the prodigious parliament-interrupting , secluding , securing-dissolving general council of officers of the army , be totally dissolved , and the army in some good measure purged from all mutinous innovators , and masked romish emissaries ? the lord give them all grace unfeignedly to lament and repent the premised exorbitances , and this their new agreement , before they go hence and be seen no more . amen . finis . notes, typically marginal, from the original text notes for div a56217e-30 * 2 thess. 2 , 3 , 4. ‖ james 1. 8. * eccles. 8. 11. ps. 55. 19 , 20 , 21. * 1 jac. c. 1. 3 jac. c. 1. 4. 7 jac. c. 6. * mat. 6. 14 , 15. c. 18. 23 , to 35. c. 7. 12. * this fleetwood confessed at the guildhall last week . * ephes. 2. 2. a declaration and protestation against the illegal, detestable, oft-condemned, new tax and extortion of excise in general; and for hops (a native incertain commodity) in particular. by william prynne of swainswick, esq; prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91168 of text r203225 in the english short title catalog (thomason e813_16). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 75 kb of xml-encoded text transcribed from 16 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91168 wing p3936 thomason e813_16 estc r203225 99863264 99863264 167954 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91168) transcribed from: (early english books online ; image set 167954) images scanned from microfilm: (thomason tracts ; 124:e813[16]) a declaration and protestation against the illegal, detestable, oft-condemned, new tax and extortion of excise in general; and for hops (a native incertain commodity) in particular. by william prynne of swainswick, esq; prynne, william, 1600-1669. [2], 29, [1] p. printed for the author, and are to be sold by edward thomas in green-arbor, london; : 1654. annotation on thomason copy: "octob: 18". reproduction of the original in the british library. eng excise tax -england -early works to 1800. hops -taxation -great britain -early works to 1800. a91168 r203225 (thomason e813_16). civilwar no a declaration and protestation against the illegal, detestable, oft-condemned, new tax and extortion of excise in general; and for hops (a n prynne, william 1654 13162 12 0 0 0 0 0 9 b the rate of 9 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2007-06 tcp assigned for keying and markup 2007-06 aptara keyed and coded from proquest page images 2007-08 angela berkley sampled and proofread 2007-08 angela berkley text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a declaration and protestation against the illegal , detestable , oft-condemned , new tax and extortion of excise in general ; and for hops ( a native incertain commodity ) in particular . by william prynne of swainswick , esq ; ezek. 22. 12 , 13 , 27 , 29 , 30. thou hast greedily gained of thy neighbour by extortion , and hast forgotten me , saith the lord god : behold therefore , i have smitten my hand at thy dishonest gain , and at thy bloud , which hath been shed in the midst of thee . her princes in the midst of thee , are like wolves ravening the prey to shed bloud , and to destroy souls , to get dishonest gain : the people of the land have used oppression , & exercised robbery , and have vexed the poor & needy ; yea , they have oppressed the stranger wrongfully . and i sought for a man among them , that should make up the hedg , and stand in the gap before me for the land , that i should not destroy it : but i found none : therefore have i poured out my indignation upon them , i have consumed them with the fire of my wrath , their own way have i recompenced on their heads , saith the lord god . psal. 12. 5. for the oppression of the poor , for the sighing of the needy , i will arise ( saith the lord ) i will set him in safety from him that would ensnare him . 1 cor. 6. 8 , 9. nay , you do wrong and defraud , and that your brethren . know you not that the unrighteous shall not inherit the kingdome of god ? london ; printed for the author , and a●● to be sold by edward thomas in green-arbor , 1654. a declaration and protestation against the illegal , detestable , oft-condemned new tax and extortion of excise , in general , and for hopes in particular . we read in the 2 sam. 23. 1 , 3. that these were the last words of david , the man who was raised up on high , the anoynted of the god of jacob , and the sweet psalmist of israel ; the god of israel said , the rock of israel spake to me , he that ruleth over men must be just , ruling in the fear of god . what it is for a ruler over men to be just , and to rule in the fear of god , we may infallibly conclude , and learn from three scripture-presidents , and three sacred texts , which may serve as a commentary on it . the first president is that of samuel , 1 sam. 12. 1. to 6. and samuel said unto all israel ; behold , i have hearkened unto your voice in all that ye said unto me , and have made a king over you : and now behold , i am old and gray-headed , and have walked before , and a judged you from my childhood to this day : behold here i am , witness against me before the lord , and before his anoynted ; whose oxe have i taken ? or whose ass have i taken ? or whom have i defrauded ? whom have i oppressed ? or of whose hand have i received any ransome to blinde mine eyes therewith ? and i will restore it to you . and they said , thou hast not defrauded us , nor oppressed us , neither hast thou taken ought of any mans hand : and he said , the lord is my witness against you , and his anoynted is witness this day , that you have not found ought in my hand : and they answered , he is witness . that governour or ruler over men , who can make such a challenge and protestation as this , before god and all the people , and receive such a testimony from both , of his integrity , as samuel here did after he had judged israel above threescore years , is certainly a just man , truly fearing god : and what governour this day ruling , though but for a few months or years , can make such a challenge , or receive such a witness as he did from all the people ? the second president is that of king david , a man after gods own heart , who as he would by no means lay violent hands on king saul his soveraign , who hunted him like a partridg , and sought his life , though god gave him twice into his hands , and was perswaded by his souldiers and military officers to kill him ; nor yet usurp the royal throne , or government of gods people , though specially anointed by god long before thereto , without a general call and election thereto by all the tribes and elders of the people ; 1 sam. 24. & 26. 2 sam. 5. 1. to 6. so it is recorded of him , 2 sam. 8. 15. and 1 kings 15. 5. and david raigned over all israel ; and david executed judgment and justice unto all his people ; and david did that which was right in the eyes of the lord , and turned not aside from any thing that he commanded him all the daies of his life , save only in the matter of uriah the hittire ; for which he penned , and left a a penitential psalm on record to posterity , to testifie his unfeigned repentance for that bloody crime . and where can we finde such a david now ? the third is nehemiah , cap. 5. throughout ; who when the people cried and complained to him of their debts , engages , bondage and oppressions by their brethren , and that others had their lands , vineyards , yea their sons and daughters for servants , for moneys borrowed of them for the kings tribute ; he grew very angry , and rebuked the nobles and rulers for it , and set a great assembly against them , and said unto them : we after our ability have redeemed the jews our brethren , which were sold unto the heathen , and will you ever sell your brethren ? or shall they be sold unto us ? i likewise , and my brethren , and my servants , might exact of them money and corn . i pray let us leave off this usury : restore i pray unto them even this day their lands , their vineyards , and their houses ; also the hundredth part of the money , and of the corn , the wine , and the oyl that ye exact of them . then said they , we will restore them , and will require nothing of them ; so will we do as thou hast said . then nehemiah called the priests , and took an oath of them , that they should do according to this promise : also he shook his lap , and said , so god shake out every man from his house , and from his labour , that performeth not this promise , even thus be he shaken out and emptied ; and all the congregation said , amen , and praised the lord , and the people did according to this promise . after which , he subjoyns this memorable testimony of himself . moreover , from the time that i was appointed to be their governour in the land of judah , from the 20. even to the 32. year of artaxerxes the king , i and my brethren have not eaten the bread of the governour : but the former governours that had been before me , were chargeable unto the people , and had taken of them bread and wine , besides forty shekels of silver ( what is this to our contributions , excises , freequarter , sequestrations , imposts , &c. ) yea , even their servants bear rule over the people : but so did not i , because of the fear of god . yet also i continued in the work of the wall ; neither bought we any land : and all my servants were gathered thither unto the work . moreover , there were at my table an 150. of the jews and rulers , besides those that came unto us from among the heathen that are about us , &c. yet for all this required i not the bread of the governour , ( that is , his salary , and ordinary allowance , formerly paid by the people ) because of the bondage was heavy upon this people . think upon me my god for good , according to all that i have done for this people . when our late and present governours , and their under-officers , shall imitate samuel , david , but more especially nehemiah , and the nobles , rulers , and officers under him , in making full restitution of all their christian brethrens , and the publike lands , vineyards , oliveyards , houses , goods , possessions , offices , moneys , corn , wine and oyl they have forcibly seized on , without any legal right or title , or gotten by usurious or unrighteous contracts , sequestrations , sales , donations , wiles , disseisins , oppressions , exactions , excises , taxes , &c. give a true and just accompt to our whole nation of the many millions of treasure in few years extorted from them ; and shall neither impose , nor exact from them any more moneys , contributions , excises , corn , wine , or the bread of the governour from the people , because of the fear of god , and because of the bondage that is heavy upon them ; we shall then pronounce them to be just , ruling in the fear of god . but till then , neither god nor men will or can pronounce them such . and upon consideration of these three sacred texts , to omit others . the first is , ezek. 18. 5. to 14. but if a man be just , & do that which is lawful & right , & hath not oppressed any , but hath restored to the debtor his pledg , hath spoiled none by violence , hath given his bread to the hungry , and hath covered the naked with a garment , hath not given forth upon usury , neither hath taken any encrease , hath withdrawn his hand from iniquity , hath executed true judgment between man and man , hath walked in my statutes , and hath kept my judgments , to deal truly ; he is just ; he shall surely live , saith the lord . if he beget a son , that is a robber , a shedder of blood , and that doth the like to any of these things to his brother , and that doth not any of those duties , but hath eaten upon the mountains , and defiled his neighbours wife ; hath oppressed the poor and needy , hath spoiled by violence , hath not restored the pledg , &c. hath committed abomination , hath given forth upon usury , and taken encrease ; shall he then live ? he shall not live , he hath done all these abominations , he shall surely die , his bloud shall be upon him , &c. which is again there repeated , for the greater certainty . if the just men and rulers of this latter age shall be judged and tried by this text , i fear we may take up the words of the prophet micah 7. 2. and c. 3. 1 , 2 , 3 , 4. the good man is perished out of the earth , and there is none upright among men : they all lye in wait for bloud , they hunt every man his brother with a net , that they may do evil with both hands earnestly ; the prince asketh , and the judg asketh for a reward , and the great man he uttereth the mischief of his soul , ( by coveting fields and houses , and taking them away by violence , because it is in the power of his hand , ch. 2. 1 , 2. ) the best of them is as a bryar , the most upright is sharper then a thorn-hedg ; they pluck off the flesh of my people from their bones , they eat their flesh , and flay their skin from off them , and they break their bones , and chop them in pieces as for the pot , and as flesh within the caldron . the second is , ezek. 45. 7. to 10. and ch. 46. 18. a portion shall be for the prince , &c. and my princes shall no more oppress my people , and the rest of the land shall they give to the house of israel , according to their tribes : thus saith the lord god , let it suffice you , o princes of israel ! remove violence & spoil , and execute judgment and justice : take away your exactions ( or expulsions of others from their rights ) from my people , saith the lord god . moreover , the prince shall not take of the peoples inheritance by oppression , to thrust them out of their possession . how conscientiously this precept ( and gods own tenth commandment of the decalogue , exod. 20. 17. thou shalt not covet thy neighbours house , thou shalt not covet thy neighbours wife , nor his man-servant , nor his maid-servant , nor his oxe , nor his asse , nor any thing that is thy neighbours ) hath been observed by such who have made and stiled themselves , not only princes , rulers , governours , officers , but proclaimed themselves the holiest , justest saints , and pillars of justice and righteousness of late years , and all sorts of swordmen , let the world and their own consciences judg . i doubt ovids old poetical description of the iron age a vivitur ex rapto , &c. will suit better with our times and saints of this age , then these sacred precepts , become like old almanacks quite out of date and practise at least , if not quite out of mind : terras astraea reliquit . the third is isai. 58. 3. to 13. behold , in the day of your fast you finde pleasure , and exact all your griefs : behold , ye fast for strife and debate , and to smite with the fist of wickedness : ye shall not fast as ye do this day , &c. is not this the fast that i have chosen , to loose the bonds of wickedness , to undo the heavy burthens ( of illegal oppressions , long-continued taxes , excises , &c. ) to let the oppressed go free , and that ye break every yoke ? is it not to deal thy bread to the hungry , and that thou bring the poor that are cast out ( of their houses , possessions , offices , estates , by violence and rapine ) to thy house ; when thou seest the naked , that thou cover him , and that thou hide not thy self from thine own flesh ? then shall thy light break forth as the morning , and thine health shall spring forth speedily , and thy righteousness shall go before thee , and the glory of the lord shall be thy rereward , &c. and they that be of thee shall build the old waste places , raising up the foundations of many generations , and thou shalt be called , the repairer of the breach , the restorer of paths to dwell in . we have had many publique fasts and mock-fasts of late years , such as god in this text professedly reprehends and rejects ; but never yet such a true and real fast , as he here calls for : and that is one main reason , we are still pulling down , and rooting up the foundations of our church , kingdoms , parliaments , liberties , properties , lawes , and changing from one mishapen form of government to another , instead of building the old waste places , raising up the foundations of many generations , repairing the breaches , and restoring paths to dwell in . o that we might never henceforth mock god or men any more with such hypocritical fasts as formerly ; but that the next prescribed fast by those in power , might be only this , which god here requires ; and that it might be so sincerely , really , effectually performed by the prescribers of it , that god himself , and all the three nations , may joyntly attest of them , that they are just , ruling in the fear of god . on tuesday the 26 of september last , 1654. there was this ticket left at my house at swainswick directed to no particular person named in it , or indorsed on it . you are to appear at the grey-hound in bath , on tuesday next by ten of the clock in the fore-noon , to make entry of what quantity of hops yov had growing this present year , and to pay the dvty of excise for the same . 25 september 1654. thomas peeres , sub-collector . hereupon repairing to the lecture at bath the next morning , and carrying with mee this ticket , and such parliamentary judgments and declarations against excise , as are hereafter specified , which i drew up in writing as here i present them to the publique , i sent for the sub-collector to the inn where the ordinary for the lecture is kept , before the sermon began ; who repairing to me thither , i shewed him the ticket , in a friendly manner , which he owned ; and then informed him it was erronious , and voyd in law , ( because directed to no particular person by name ) in respect of form , which he confessed , saying it was his mans mistake , who had order to set the parties names to every severall ticket he delivered at their houses ; i acquainted him that this being but a circumstance , the end why i sent for him , was to be satisfied by him , touching the substance of his warrant , and that was , to make entry of what quantity of hops i had growing this present year , and to pay the duty of excise for them . for , although i was a lawyer and knew what duties were by law to be paid by my self and others , yet i neither knew nor understood that excise in generall , much less for hops in speciall , was a duty ; and seeing i had many judgements and declarations of parliament against it , as an illegall , execrable innovation , and damning it for ever as such , i could neither in prudence nor conscience pay it as a dvty , till hee could make it appear to mee by some true reall act of parliament to be so : desiring him to shew me what legall or other authority he had to claim it as a duty from mee . to which he answered , that he had nothing else to shew for or claim it by , but a late ordinance of the protector and his counsell at white-hall , continuing the excise till such a month in the year 1656. which he would shew mee if i pleased . to which i replied , that i conceived that this would bee his answer ; which was no satisfaction at all to me ; for i was certain , that by the fundamentall laws and statutes of the realm , and the resolutions of our parliaments in all ages , no king of england , nor his councel-table , could ever in any age make binding laws , or impose any tax , tallage , impost , custom , tunnage , or poundage , much less excise ( a stranger to our ancestors ) on the free-men of england , but only a true and legal english parliament , and therefore those who condemned , suppressed the late king , and his extravagant councel-table as tyrannicall and oppressive to the people , could neither in justice nor prudence arrogate such a supertranscendent jurisdiction to themselves , as to impose such taxes as these on the whole realm , an inseparable prerogative of our parliaments alone , as hath been resolved over and over in all ages by the * laws of king edward the confessor , ratified by william the conquerour himself , and by all our kings since , by a special clause in the very coronation oaths , lex . 55. 56. 58. the great charters of king john and henry the third , c. 29. 30. 25. e. 1. c. 5. 6. 34. e. 4. c. 12. de tallagio , 14. e. 3. stat. 1. c. 21. stat. 2. c. 1. 15. e. 3. stat. 2. c. 5. 21. e. 3. rot. parl. n. 16. 25. e. 3. rot. parl. n. 16. 27. e. 3. stat. 2. c. 2. 36. e. 3. rot. parl. n. 26. 38. e. 3. c. 2. 45. e. 3. rot. parl. n. 42. 11. h. 4. rot. parl. n. 10. 1. r. 3. c. 2. 22. h 8. the petition of right , 3. car. the statute against ship-mony , knighthood , customs , 16. caroli , and all the statutes concerning customs , tunnage , poundage , and purveyors , in all our kings reigns , all unanimously resolving , that no tax , tallage , subsidy , ayd , loan , custom , impost , tunnage , poundage , or any other payment or duty whatsoever , can be imposed on , or leavied from the subject in times of war or peace , upon any pretext or necessity , but only by common grant and consent of the lords and commons in parliament , and so resolved over and over in the parliament of 7. 21. jacobi , and of 3. 4. & 16. caroli , by many now in power . and to satisfie him in point of excise , the thing in question , i would shew him some late judgements and declarations of parliament against it , which i presumed would satisfactorily convince him , that it was no duty , but an intollerable oppression , and detestable innovation ; whereupon i read unto him these ensuing judgements and declarations against it . 1 i shewed him , that excise was altogether a stranger , and thing utterly unknown to our fore-fathers , the name and thing being never found in any histories , or records of former ages in this island . the first attempt we ever finde upon record to usher it into , and set it on foot in england , was in the third year of our beheaded king charls his reign , who by the advice of the duke of buckingham , and some other evil counsellours * granted a commission under the great seal of england , dated the last day of february , 3. caroli , called , the commission of excize , issued to thirty three lords and other of his majesties privie covncel . the commissioners were thereby authorised and commanded , to raise monies by impositions , or otherwise as they in their wisdoms should find most convenient ; the causes wherefore these monies were to be raised were expressed to be these , the defence and safety of the king , kingdom and people , and of the kings , friends and allies beyond the seas , which withovt extremest hazard of the king , kingdom , and people , and of the kings friends and allies can admit of no longer delay . inevitable necessity , wherein form & circumstance must rather be dispenced withall , than the substance lost ; the commissioners must be diligent in the service , and not fail therein , as they tender his majesties honor , and the safety of the king and people . here salus regni periclibatur , the whole kingdom was declared to be in danger , in greater and nearer danger then any now appearing . in the parliament of 3. caroli , the house of commons having notice given them of this commission , sent for it , and upon debate thereof , without any one dissenting voyce , voted and adjudged it , to be against law , and contrary to the petition of right ( though only sealed , and never put in execution ) and then desiring a conference about it with the lords in the painted hamber ( whereat i my self was present ) sir ed●●rk cook by the commons appointment , after the commission read by mr. glanval , manifesting the illegality strangeness and dangerous consequences of it to the whole kingdom , in an elegant speec● and argument amongst other express 〈…〉 monstrvm horrendvm , info●me , n●●ns ( descanting upon every one of the words ) ye , blessed be god cvilumen ademptum , whose eyes were pulled out by the commons in parliament ( which they hoped their lordships would second ) before ever it saw the sun , or was fully brought forth into the world , to consume and devour the nation . the lords hereupon fully , and unanimously concurred with the commons , adjudging it to be against law , and the petition of right , and fit to be eternally damned ; and upon the lords request to the king , this commission was cancelled in his majesties presence by his command , and brought cancelled to the lords house , by the then lord keeper , and by them sent cancelled to the commons house for their satisfaction ; who returned it back to the lords with their thanks for their care and concurrence with them herein . therefore being thus solemnly damned , and crushed in the shel , by the judgement and unanimous votes of the commons , lords , and king charls himself in that parliament , as against the law of the land , and contrary to the petition of right ( then newly passed in that parliament ) it seemed very strange and monstrous to me , that any pretenders to publik liberty , law , right , or any new governours , and councel-table at white-hall , should presume to revive , and actually impose any such illegal , damned impositions , and monstrous execrable excises on the exhausted people now , upon the self-same pretexts of publique safety , and inevitable necessity . the rather , because i informed him . secondly . that the last parliament of king charles , about 13 yeares after this first judgement had , in four severall printed declarations , remonstrances , votes ( to which most now in power were parties and consenters ) revived , approved , ratified and insisted on this primitive sentence of condemnation against excise , as most illegall and detestable . 1. in and by the speech and declaration of mr. oliver st. john , his majesties solicitor general , delivered at a conference of both houses of parliament , concerning ship-mony , 14 january 1640 published by the commons order , page 13 , 15 , 16 , 19. i am commanded by the house of commons , ( saith he ) to present to your lordships considerations those things which satisfied the commons . first , the commissions for the peace with the instructions . secondly , a commission called the commission of excise &c. this was dated ultimo febr. 3. caroli . it was dated after the summons to that parliament . this commission issued to 33 lords , and others of his majesties privy counsell . the commissioners are thereby commanded to raise monies by impositions and otherwise , as in their judgements they shall find to be most convenient . the causes wherefore these monies are to be raised , are exprest to be these , the defence and safety of the king and people , which without extremest hazard of the king , kingdome , and people , and of the kings freinds and allies beyond seas , can admit no longer delay . inevitable necessity , wherein forme and circumstance must rather be dispenced withall then the substance lost . the commissioners must be diligent in the service , and not faile therein , as they tender his majesties honour , and the safety of the kingdome and people . here , salus regni periclibatur , the whole kingdome declared to be in danger , in greater and nearer then in the opinions , the ship-writs or judgements in the chequer . in the parliament of 3. caroli , this commission was adjudged by the commons to be against the laws of the realm , and contrary to the jvdgement given in the petion of right ; and after a conference with your lordships , your lordships desired his majestie , that it might be cancelled : the then lord keeper brought it shortly after cancelled to your lordships in the house , and there said , that it was cancelled in his majesties presence . you sent it cancelled to the commons to be reviewed , who afterwards sent it back to your lordships . my lords , wee have not cited these presidents of that parliament , out of diffidence that your lordships have forgot them , but because other have ; or that wee distrust your lordships justice , if you had forgot them ; for before these were , your lordships concurred in opinion with your worthy ancestors , that first gave them : their noble blood runs in your veines . it is now to confirm yovr own ivdgement as well as theirs in your lordships brest . there are now the same magazines and fovntaines of honovr and ivstice as was then . these ivdgements and proceedings were the actions of both hovses : the danger by the violation is eqvall . so hee , and the commons then resolved : with what face or color of law and justice then , can any persons revive , impose , exact , or justify this illegall tax and excise , now , ( especially by a meer extrajudiciall white-hall edict , more illegall then that commission under the great seal , by the kings and the whole counsells order ) who thus publikely censured the bare designe of imposing it by the king and his councell-table then , by commission under the great seal of england , which their paper edict wants ? 2 in a remonstrance of the state of the kingdom , 15 december 1641. ( which i then read to the excise-man ) made , printed and published by the whole commons house of parliament , and some of our present grandees , then members of it , exact collection page 3. 4. 6. wherein relating , the pressing miseries and calamities , the various distempers and disorders , which had not only assaulted , but even overwhelmed and extinguisht the liberty , peace and prosperity of this kingdom , &c. the root of all this mischief , wee find ( say they ) to be a malignant and perniciovs designe of svbverting the fvndamentall laws and principles of government , upon which the religion and ivstice of this kingdome are formerly established . the actors and promoters hereof have been . 1 the jesvited papists , who hate the laws , as the obstacle of that change and subversion of religion , which they so much long for ▪ &c. as in all compounded bodies , the operations are qualified according to the predominant elements : so in this mixt party ( let our late and new puny statesmen observe it ) the jesvited covnsels being most active and prevailing , may easily bee discovered to have had the greatest sway in all their determinations ; and if they be not prevented , are likely to devour the rest , and to turn them into their own nature , &c. the first effect and evidence of their recovery , and strength was , the dissolution of the parliament at oxford , &c. the precipitate breach with france , by taking their ships , &c. the peace with spain , &c. the charging of the kingdom with billeted souldiers in all parts of it , and the concomitant design of * german horse , that the land might either submit with fear , or be enforced with rigovr to such arbitrary contributions , as shovld be reqvired of them . the dissolving the parliament in the second year of his majesties reign , the exacting the proportion of five subsidies , after the parliament dissolved , by commission of loan , and divers gentlemen and others imprisoned for not yeelding to pay that loan . an unjvst and perniciovs attempt to extort great paiments from the subjects by way of excize , and a commission given under seal for that purpose ; ( yet damned before put in execution ) the petition of right which was granted in full parliament blasted , &c. and the petition made of no use , but to shew the bold and presumptuous injustice of such monsters , as durst break the laws , and suppresse the liberties of the kingdom , after they had been so solemnly and evidently declared . another parliament dissolved , 4. caroli ; the privileges of parliament broken , by imprisoning divers members of the house , detaining some of them close prisoners for divers months together , &c. upon the dissolution of both these parliaments , untrve and scandalous declarations published , to asperse their proceedings , and some of their members , to make them odious , and colour the violence which was used against them . * tunnage and poundage hath been received without colour or pretence of law , many other heavie impositions continved against law , and some so unreasonable , that the sum of the charge exceeded the value of the goods . the book of rates lately inhanced to an high proportion , and such merchants as would not submit to their illegal and unreasonable payments , were vexed and oppressed above measure , &c. a new and unheard of tax of ship-mony was devised , upon pretext of guarding the sea , &c. the exactions of coat and conduct mony , and divers other military charges ; the taking away of the arms of the trained bands of divers counties ▪ the restraint of the liberties of the subject in their habitations , trades , and other interest ; their vexation and oppression by salt-peeter-men . great numbers of the subjects for refusing those unlawful charges , have been vext with long and expensive sutes , some fined and censured , others committed to long and hard imprisonments and confinements , to the losse of health in many , of life in some , and others have had their houses broken up , their goods seized . some have been restrained from their lawful callings , judges have been put out of their places , for refusing to do against their oathes and consciences . others have been so awed , that they durst not do their duties . lawyers have been checkt for being faithfull to their clients , &c. new oaths have been forced upon the subjects against law , new jvdicatories erected without law . the covncel table have by their orders offered to binde the subiects in their free-holds , estates , sutes , and actions ; if all and every of these , by the resolution of the whole commons house , and many in late and present power , were the fruits and effects of the most active and prevailing jesuited counsel then , out of a malignant and pernicious design of subverting the fundamental laws and principles of government , &c. what are all and every of these particulars of late years , and still acted over and over again , in a far higher , open , more avowed degree then ever , by persons in greatest power , and parties to this remonstrance , but the very effects and products of the self-same jesuitical prevailing counsels , and those many jesuits now swaying , and sitting in counsel amongst us ( as some grandees have lately averred in their * printed speeches , as well as private conferences ? ) and if the very damned commission of excize before ever it was put in execution , was so many years after thus publickly branded for an unjust and pernicious attempt and result of jesuited prevailing councels , to extert great payments from the subject ; what is the late and present violent illegal imposition , collection , extortion of , from the exhausted people , by excize-men , forfeitures , penalties , fines , confiscations , seisures of goods , and arms , troopers in some eases , and that by a new erected councel-table ordinance ( as they stile it ) presuming not only to make binding orders for private men , but * many and manifold binding lavvs and ordinances for our three whole kingdoms , printed in folio ; and to impose monthly contributions , excizes , customs , tvnnage and povndage on them for sundry months and years yet to come , against the expresse letter of the great charter , the petition of right , all fore-cited statutes , judgements of parliament , and to repeal all these laws , with others at once , as well as to erect new judicatories , and impose such new oathes and restraints on their new modelled parliaments themselves , and the three whole kingdoms , which no english king , nor council-table ever did in any age ? the lord give them , and the whole nation , hearts to consider , repent , reform it , to prevent those * manifold mischiefs and combustions which else may ensue upon it , and the evils such bad presidents may produce in after ages , if not crushed , reversed , suppressed in the shell ; being set on foot by those who professe themselves the greatest patrons and protectors of our fundamentall liberties , franchises , laws , rights , parliaments , which they totally subvert , and the grandest enemies to arbitrary government , tyranny , oppression , and jesuiticall practices , of which they over-much favour ; if this remonstrance of the whole house of commons be judge , and such of themselves who were parties to it . in * a declaration of the commons assembled in parliament , for bringing to condign punishment those that have raised false and scandalous rumours against the house , how that they intend to assesse every mans pewter , and lay excize upon every commodity . ( which i shewed and read to the excize-man . ) die sabbati 8 october . 1642. the commons house in parliament , receiving information , that divers publike rumours and aspersions , are by malignant persons cast upon this house , that they intend to assess every mans pewter , and lay excise vpon that and other commodities , the said house , for their vindication therein do declare , that those rumors are false and scandalovs . and for as much as these false rumors and scandals , are raised by ill-affected persons , and tend much to the disservice of the parliament , it is therefore ordered , that the authors of these false and scandalous rumors shall be scarched and inquired after ▪ and apprehended and brought to this house to receive their condigne pvnishment . ordered by the commons in parliament , that this be forthwith printed and published ( as it was accordingly ) . by this declaration it is most apparent , 1 that the very name and imposition of excise ( condemned so newly and frequently in parliament both by the commons and lords ) was so odious and detestable to the whole house of commons now , that they utterly disclaime in publick by this declaration ( after the warres begun ) the very thought and intention of imposing it on pewter , or any other commodities . 2 that they renounce and brand the very first rumors and reports , that they intended to lay excise upon any commodity , as false rumors and scandals raised by ill-affected persons . 3 that these false reports and rumors tended much to the disservice of the parliament . 4 that the authors of them , should be searched , inquired after , apprehended , and brought to the house as delinquents , there to receive condigne punishment . what punishment then do the imposers , exactors , and levyers of it deserve ? with what face , justice , honesty , conscience , then can any who were parties to this declaration , after this publick disclaimer , lay excise both upon pewter and most other commodities , and justify the levying of it by force and violence , as some of them soon after did , and others have since presumed and continued to do ? verily , as i at first , and ever since this strange imposition , much grieved at , and protested to sundry of them against it in private , from time to time , with all earnestness , and some years since penned a publick protestation against it , with an intent to print it , had it not miscarried ; so i observed , that the laying on of this strange imposition on the people , against this declaration and the other premises , was that which first and most of all alienated the peoples hearts and affections from the parliament , gave greatest scandal to their real friends , and most advantage to their enemies ; and some principal promoters of it were soon after blasted in their reputations , and taken out of the world by death ; and what sad and forcible dissolutions , and unparalleld ruptures , the real , and other fictitious parliaments since have come to on a suddain ( by those they most relied on for protection ) which first imposed , and afterwards continued this and other illegal taxes on the oppressed people against their own delcarations , judgements , and all former laws , and what confusions they have brought on our three nations , instead of peace , ease , settlement , liberty , safety , tranquillity , we have all of late years beheld with admiration and astonishment ? and let others now beware by their examples , how they still continue them on the exhausted generally discontented nation . laesa patientia fit furor , men will not be always mocked , oppressed in this kinde , but will cry out , violence and spoyl , jer. 20. 8 , 9. and the burning fire shut up in their bones against it , will breakforth into a fury at last , it will not be stayed or quenched , * but with the ruine of the tax-masters , 1 king. 12. 15. to 20. this imposing of excize , and other taxes against law , and the fore-cited judgements , drew this just censure from the late king , and the lords and members of the commons house at oxford , against the first imposers and exactors of them , in their * letter to the earl of essex the general of the army , janu. 27. 1643. to which they subscribed all their names , that it were well , as they still presse upon the kings maintenance of the lavvs , they would also know , that their obligation to observe the same is reciprocal , and whiles they here resolve to defend the full power of this parliament ( which in their sense can be no other than the power they have exercised this parliament ) they would take notice , that they are therein so farre from the observation of the lavvs , that they desperately resolve an utter subversion of them ; for what can tend more to the destruction of the laws , than to usurp a power to themselves , without the king , and against his will , to attribute to their orders , or pretended ordinances , the power of lavvs and statvtes , to enforce contributions , loans , and taxes of all sorts from the subiect ; to imprison without cause shewed , and then prohibit writs of habeas corpus for their enlargement . to lay excizes vpon all commodities ; to command and dispose of the lives and estates of the free-born subjects of this kingdom at their pleasure , to impose tunnage and poundage , contrary to the law declared in the late act for tunnage and poundage , and all this done and justified by a legislative power founded and inherent in them ? all which are manifest breaches of the petition of right , and magna charta , the great evidences of the liberties of england ; which charter bounds them by expresse words , as us , though assembled in parliament , as well as the king ; and though it be not now , as heretofore it hath been , taken by solemn oath on the peoples part , as well as on the kings , nor a curse , as heretofore pronounced on the violators ; yet they having taken a protestation to maintain the laws , and liberties , and the properties of the subject , and inclusively that charter , let them take heed whilst they make use of this their pretended power to the destruction of the law , lest a curse fall upon them , and upon their posterity . what a suddain unexpected curse and blow fell upon some of the principall promoters of these illegal taxes , excizes , and innovations first , and upon both houses afterwards , by the army raised for their preservation , for whose support and pay all these taxes were first invented , and imposed by a new way of ordinances ( never * heard of , or used in parliaments in any former age ) we all know by sad experience , and let our present white-hall , and other grandees , who late did , and still continued them in an higher degree with farre less colour of parliamental authority , consider the premises , and their downfall , lest they incur the same , or a worse curse and judgement , for imposing , and continuing still upon the exhausted people , these illegal , unusual oppressions , by as new illegal self-created powers , and pretended necessities , of their own making and lengthening . and if they allege , it is just so to continue excizes on the people , till all the debts secured by them be fully satisfied to such particular persons who took this new revenue for their security . i answer , first , it is the highest injustice to continue an illegall damned detestable publike tax and oppression on the whole english nation , ( specially by as illegall wayes and powers ) to satisfy private mens interests , debts or pretended arreares . secondly , that those who advanced any monies upon such an illegall oft-condemned security , deserve justly to be punished with the losse of their debts , because the cheif instruments of continuing and supporting this heavy greivance to the whole kingdomes injurious oppression . thirdly , that those pretended debts being advanced only for the support and maintenance of those illegall arbitrary powers which impose and dispose of these taxes at their pleasure , not for the publike weal , ease and benefit of the nation ; it is just they only should defray them out of their owne private estates who first made and thus secured these debts , for their owne advantage rather than the peoples : it being a rule in law , and common equity , qui sentit commodum sentire debet et onus . fourthly , the lawes of england will rather suffer a private mischief , than a generall inconvenience : therefore better these pretended debtors should suffer , to teach them more wisdome , and love to their owne liberties , lawes , country , and country men hereafter , than that the whole nation should be still oppressed and robbed by excises and other illegall taxes ; wee must not rob peter to pay paul , much less the whole nation , to pay a few rich vsurers , who have ( most of them ) gotten great estates , by publike brocage , and making the whole nations purse and faith their security and morgage , who never really made any contract with them for any loan of monies , taken up upon their credit , nor entrusted any others with such a power to make them their endless . debtors and pay-masters til doomes-day . 4 as the whole house of commons severally , so it and the house of lords too joyntly , after this , in their second declaration against commission of array , 12 jan : 1642 printed and published by it self first , and after in exact collection page 884 , 885. by their speciall order , recite , approve , ratify and insist on the forecited judgement given against the commission of excise 3. caroli . where thus they declare ( which i likewise read ) wee shall further clear this our seuse of the petition of right , that it did intend to take away all charges of what nature soever to be imposed on the subjects by the king although for defence of the kingdome in times of danger , by authorities beyond all exceptions , &c. by the judgement of the king , the lords and commons , after the petition passed . there was a commission questioned in parliament , called the commission of excise &c. ( reciting the effect , and ground of it in the words aforementioned , and the necessity so inevitable , that form and circumstance must rather be dispenced with , than substance lost &c. ) in that parliament of 3 carolt , this commission was resolved by the lords and commons to be against law , and contrary to the petition of right ; and upon the lords desire to his majesty , the same was cancelled in his majesties presence by his command , and was brought cancelled to the house of lords by the then lord keeper , and by them afterwards sent to the commons . by all that hath been said , it appeares ; that to defend the kingdom in time of imminent danger , is no svfficient cavse to lay any tax or charge vpon the subiects withovt their consent in parliament : which they further prove by the act then newly passed against ship many . how any who were parties to this declaration ( as some in present power were ) or any patrons or protectors of the lawes , liberties , properties of the subject , or privileges of parliament , can since this , or now , impose or justify the laying of excise or any other impost tax or tallage whatsoever , upon the people , out of parliament , by any white-hall order , upon pretext of any imminent danger or necessity , against this declaration and resolution ; or any under officers of theirs exact excise from me or any other english freeman by their un-parliamentary papers , transcends my understanding to conceive . thirdly , it is declared and enacted by severall printed acts of parliament , made by both houses , and * assented to by the king himself 16 & 17 caroli : that no custome , impost , tunnage , or poundage is due , or can be imposed on any goods or marchandize , imported or exported , without . an act of parliament ; and that all such persons who shall exact or receive the same , without an act of parliament ; and grant and consent both . of the lords and commons in parliament , shall incurre the forfeiture and penalty of a praemunire . this impost of excise on hops , and other merchandize , falls within the generall compasse of these acts . and therefore i advised the excize-man , with all customers , and other officers , to take heed how they demand or take excize , or any other imposts , customs , tunnage or poundage , by colour of a white-hall , or any other ordinance , not made by both house of parliament , and setled by a real act of parliament , lest they incur the penalty of a premunire , and smart for it in conclusion , as some of the late kings officers did , if ever law , justice , or true english parliaments come to take place again in the nation , as no doubt they will in gods due time ; when such illegal paper ordinances , or feigned spurious acts of * illegal parliaments will be no plea to excuse or extenuate their crimes . fourthly , after the late kings beheading , the army , officers , and other commoners who continued sitting at westminster , without the majority of the secured and secluded members , or house of lords , and arrogated to themselves ( beyond all former presidents ) the name and title of the parliament of england , in their declaration of the 17. martii , 1648. expressing the grounds of their late proceedings against the king , and setling the present government in the way of a free state , p. 7 , &c. ( which i read to the excize-man ) charged the king , as out-going all his predecessors in evil , in that after the loans and other oppressions , which produced that most excellent law of the petition of right , most of them were again acted presently after the law made against them , which was palpably broken by him , almost in every part of it , very soon after his solemn consent given unto it , by his imprisoning and prosecution of members of parliament for opposing his unlawfull will , and of divers worthy merchants for refusing to pay tunnage and povndage because not granted by parliament , yet exacted by him expresly against law , and punishment of many good patriots , for not submitting to what soever he pleased to demand , though never so much in breach of the known law . his design to bring in the german horse to awe us into slavery , and his hopes of compleating his grand project of * ship-mony , to subject every mans estate to whatsoever proportion he pleased to impose upon them . but above all the english * army was laboured by the king to be engaged against the english parliament ; a thing of that strange impiety and unnaturalnes for the king of england , that nothing can answer it but his own being a foreiner , neither could it easily have purchased belief , but by his succeeding visible actions in full pursuance of the same . as the * kings coming in person to the house of commons to seize the five members , whither he was followed with * some hundreds of unworthy debauched persons , armed with swords and pistols , and other arms , and they attending at the door of the house , ready to execute whatsoever the leader should command them ( but yet secured , secluded , or offered violence to none , nor ever entred the house , as the souldiers did both before and since . ) upon all these and many other unparralleld offences , upon his breach of faith , oaths , and protestations , and let all the world of indifferent men judge , whether the parliament ( so they term themselves ) had not sufficient cause to bring the king to justice . it seems strange to me , that any of those who thus remonstrated against the late king , and justifie the bringing of him to justice for all and every of those particulars , should before and since imitate or exceed him in all and every of those particulars ; and more especially in the excise ; so diametrically contrary to the excellent law of the petition of right , as the premises resolve ; which excise he never exacted or put in execution , after the damning of the foresaid commission . and let all the world of indifferent men judge , whether the parliament and people of england , have not as just , as sufficient cause to bring them to justice for it ; as ever they had , or pretended to have , to bring the king to justice for the same : if rom. 2 1 , 2 , 3. be either good law or gospel : the rather , because they resolve in that declaration , an unaccomptable officer ( as the king pretended himself ) to be a strange monster in natnre and no wayes to be suffered in any state or government . 5 whereas the excise man , pretended excise for hops , to be a duty by vertue of a white hall late ordinance , as he termed it : i therupon read unto him the 36 articles of the government of the common-wealth of england , &c. viz ; that the laws shall not be altered , ●uspended , abregated or repealed ; nor any new law made , nor any tax , charge or imposition laid upon the people , but by common consent in parliament ; save onely as is expressed in the thirtieth article , viz. that the raising of money for defraying the charge of present extraodinary forces , both by land and sea , in respect of the present warres , shall be by consent in parliament , and not otherwise : save onely that the lord protector , with the consent of the major part of his councell , for preventing the disorders and dangers which may otherwise fall out both by sea and land , shall have power untill the meeting of the next parliament , to raise money for the purposes aforesaid , as also to make lawes and ordinances for the peace and welfare of these nations , where it shall be necessary , which shall be binding & in force , untill order shall be taken in parliament concerning the same . and this clause in the oath , p. 46. i do swear and promise in the presence of god : that i wil not violate or infringe the matters & things contained therin , but to my power observe the same , and cause them to be observed . and shal in all other things , to the best of my understanding govern these nations according to the laws , statutes and customes . now admit this instrument & saving to be valid and legal ; yet it limiting the whitehall power of raising monies ( and that onely for the forces by land and sea in respect of the warres , which are ended ) till the meeting of their first parliament ( and no longer ) which was past in their accompt 23 dayes before this demand of excise for hops , as a duty ; those very articles of the government discharged me and all others from it ; by vertue of any whitehall power or ordinance . but this saving being contrary to the body of the articles ; to all the forementioned statutes , great charter , petition of right , judgements and resolutions of parliament , and destructive to the priviledges and rights of parliaments themselves , in whom the legislative and tax imposing authority wholly , solely and incommunicably resides , as all our parliaments statutes , law-books , records , histories in all ages have resolved , and the body of these two articles confesse , it must needs be void and nugatory to all intents and purposes in all lawyers , and judicious mens judgements , and can give them no legall or reall authority to make binding lawes , ordinances , or impose any taxes , imposts , or excises by colour thereof . if the parliament it self by speciall act of parliament , should give any speciall committee of lords and commons authority or power to make binding statutes , acts , ordinances , or to impose taxes on the people , or repeal or alter any former lawes and statutes with the kings royall assent , as the parliament of 21 r. 2. c. 16 , 17 , 18 , 19 , 20. did ; yet all such acts , ordinances , laws , taxes , alterations , repeals of lawes , would be null and void , though ratified by the kings consent , and ought wholly to be revoked , reversed , voided and undone , repealed and adnulled for ever ; as being in derogation of the state of the parliament , to the great incomodity of the whole realm , and of pernicious example ; and never to be drawn into example in any future time , as is declared , resolved in the printed statute of 1. h. 4 c. 3. and more fully in the parliament rolls of 1. h. 4. num . 26. 48. 66. 70. worthy perusall . much more then must the powers granted to any person or persons by this instrument ( made out of parliament , by persons yet unknown for the most part ) to impose any taxes , or make binding laws and ordinance , be null and void to all intents , to oblige our whole three kingdomes , or any one english f●een an , or alter , repeal any former lawes or statutes of the realm by which the people are onely to be governed at all times . the statutes of 31 h. 8. c. 8. and 34 h 8 c. 23 authorised the king for the time being with the advice of his councell or the major part of them , to set forth proclamations , ( in some cases onely ) under such pains and penalties , as to him and them should seem necessary ; which shall be observed as thovgh they were made by act of parliament . provided alwayes that this should not be prejudiciall to any persons inheritances , offices liberties , goods , castles or life ; in the passing of which acts , many liberall words were spoken ( against proclamations ) and a plain promise , ( as well as proviso ) made , that by authority of the act for proclamations , nothing should be made contrary to any act of parliament or the common law ; as a stephen gardiner bishop of winchester , records and writes in his letter to the lord protectovr in edward the sixth his reign , yet this power was held so dangerous , that it was repealed by the statute of 1 e. 6. c. 12. but never did any parliament grant any king of england , and his councel the least power to make binding laws , and ordinances , or impose taxes , customes , imposts or excises in any age , nor to act any thing against any statute or the common-law ; much lesse against the great charter and petition of right . and therefore this power granted by this new illegall instrument , to all or any at whitehall , to make binding laws and ordinances , and impose any taxes , customes , imposts , or excises , whatsoever is meerly void , null in law to all intents ; and all ordinances , laws , taxes , excises , made and imposed by pretext thereof , wholly illegall , null and ineffectuall to all intents , and fit to be so declared by the whole nation and their trustees , to prevent the dangerous president and consequences of it in future times ) and the monthly contributions , excises , imposts , customes imposed by them for sundry moneths , and years yet to come , against the very letter of thirtieth article , as well as of the forecited acts , declarations , and letter of the oath therein contained ( so soon after the taking of it ) must needs be esteemed and declared void , and no wayes to be owned or submitted to as binding , valid , legall , by my self or any others who have taken the solemn protestation , league , vow , and covenant to maintain and defend the lawes and liberties of the realm , and rights and priviledges of our english parliaments in our several places , and callings , with constancy , faithfulnesse , and sincerity according to our power , and this was that i then alledged against excise in generall . as to the excise for hops in special , and that is to be paid by the owner and grower before any sale , i protested against it , as most unjust , and unreasonable for three reasons . 1. because men were inforced to pay full monethly contributions ( though illegally imposed ) all the year long to the value of the ground and land whereon the hops do grow , which yields no other crop or benefit , but hops ; out of which both the rent to the landlord , and likewise contribution must be raised : and to enforce men to pay excise out of that for which they pay full contribution , without any deduction for the excise : is a double tax , and oppression for the self same thing , and they may as well exact excise for any sort of corn , and hay , as for hops , without defalcation for the contribution out of the land whereon they grow , there being the self same reason for both . 2. because hops are a great certain charge , and most uncertain commodity and gain . the last year before this , there was such a blight , that i and others , had not the sixth part of the ready money disbursed out of purse for the dressing and polling of them ; and this year the crop of hops was so small , that it would hardly quit the cost bestowed in dressing , polling , tying , gathering . and to enforce men to pay not onely monethly contributions , but excise likewise , for that domestick native commodity , for which they are out of purse , and so great losers without any gain , is to adde oppression to affliction ; and against all rules of justice and conscience . 3. because by the common laws of england no toll is due for any native vendible commodity till it be sold by the owner , as is resolved , 9. h. 6. 45. brook toll 2. and if a man buy hops or any other commodities , for his own private use and family , no toll by the common law 28. ass . 53. 9. h. 6. 25 brook toll 1. 7. therefore to exact excise for hops , before their sale ; before we know when , or to whom , or at what rate to sell them , or if sold to any for the use of their particular families was both illegall and unreasonable . upon all these grounds and reasons , i declared and protested to the exciseman ; that i was resolved upon no terms whatsoever to pay any excise at all for hops ; but to question and oppose it to my power according to my protestation , vow , solemn league and covenant , for my own and the whole nations future case from this oppressing illegal grievance and dutch-devill , as most stiled it ; which i conceived all patrons of publique liberty would now cordially and unanimously joyn together throughout the nation , to conjure down to hell again , from whence it was first raised by those , who formerly condemned and sent it packing thither . the excise-man hereupon answered with much civility and respect ; that he would not have suffered any other , so to dispute the businesse with him as i had done : but his respects towards me were such , having been an eminent sufferer heretofore for religion and publick liberty , for which he well knew i had sustained very great losses in my estate , and being a gentleman whom be truly honoured , that he would by no means bring my name in question ; and and herefore my crop of hops being so mean ( which he wished far greater ) he would demand nothing from me for them and so the minister calling on me , to go to the sermon ; he departed very friendly and fairly to his iune , and i unto the church to the lecture . since which being informed , that other excise-men in glocester shire have most strictly exacted excise for hops from others of my friends by colour of this whitehall ordinance ; and that the buyer will be forced to pay excise for my hops , though nothing be demanded from me ; which will be deducted out of the price : although the value considered in it self will be very small , yet since the consequence of it , is and will be very great to the whole nation , as well as prejudiciall to my self and friends , both for the present and future ; i held it my duty to make this my private declaration and protestation , publick , for the present and future benefit of the whole english nation , to whose judgements , consciences , censures , i humbly submit it , at this season . the rather because it pleased god the very next morning after this my declaration and protestation made to the excise-man , to take out of this vale of misery , my dearly-beloved christian brother , and fellow sufferer , for religion and liberties , doctor john bastwick : and therefore seeing i know not how many dayes or hours i may survive him , or whether i shall have any more time , or so seasonable an opportunity to publish any thing of this subject , or to do any further service in these last and perilous times , for the church and people of god , or my native countrey , by compleating those larger works , intended by me for posterity , if god shall prolong my life , health and liberty , i thought meet , whilst i had life and opportunity , to do what good i could , a whiles it was in the power of my hand to do it ; and whiles i had this by me . it was our saviours own speech and practise , john 9. 4. i must work the works of him that sent me , whiles it is day ; the night cometh when no man can work . and it is gods own advice and precept , eccles. 9. 10. whatsoever thy hand findeth to do , do it with thy might , for there is no work , nor device , nor knowledge , nor wisdome in the grave , whither thou goest : and therefore lest this small usefull piece , ( as i conceive it ) should dy and perish with me ; i have endeavoured to make it publick , b before i go hence and be no more : and if it please almighty god to infuse such a vigorous spirit into it , and bestow such a transcending blessing on it , as to make it instrumentall by his omnipotency , to give a mortall wound to all those illegall excises , taxes , imposts , &c. under which our impoverished nation hath so long groaned and languished ( in these times of cheapnesse of all corn , and countrey commodities , and scarcity of coyn , is no way able any longer to pay or bear ) or to bring them to , or bury them in the grave of perpetuall obscurity , so as never to rise up again , before i die : i shall then with old simeon joyfully sing a nunc dimittis : and if it stand with gods blessed pleasure ) say with the triumphant prisoner and martyr of jesus christ , saint paul , 2 cor. 4. 6 , 7 , 8. i am now ready to be offered , and the time of my departure is at hand : i have fought a good fight , i have finished my course , i have kept the faith : henceforth there is laid up for me a crown of righteousnesse , which god the righteous judge shall give me at that day , in heaven ; after all my bonds , imprisonments , persecutions , sufferings , ingrate requitall of my faithfull services for my god and countrey here on earth . finis . notes, typically marginal, from the original text notes for div a91168e-310 a 1 sam. 7. 15. a pal. 51. a metamorph. l. 1. * seldeni no'ae ad eadmerum . p. 190 , 191. exact collection , p. 868 , 869. * see the lords and commons j●●●nals , 3. caroli , exact collection , p. 885. mr. st. johns speech and declaration concerning ship-mony , p. 15 , 16. * and have not english horse of late years , and still , been billited in most counties , for this very end ? nota. * and are they not so now by a bare white-hall order imposing them , till 1658. * 4. septemb. 1654. in the painted chamber . * see the government of the common-wealth of england , artic. 30. the ordinances printed in folio amounting to near seven hundred and seven , pages . * see 21. r. 2. c. 11 , 12 , 13 , 16. 1. h. 4. c. 3 & rot. parl. 3. h. 4. n. 21 , 22 , 36 , 48 , 66 , 70. 31. h. 6. c. 1. 39. h. 6. c. 1. 17. e. 4. c. 7. * exact collection , p. 638. * see doctor beards theatre of gods judgements , l. 2. c. 36 to 42. * a collection of ordinances , p. 453. * see my irenarches redivinus neor the end , where it is fully repeated . * see exact collections p. 789 , 790. * see 21 r. 2. c. 11 , 12 , 16. 1 h. 4. c. 3. rot . parl. n. 22 , 23 , 36 , 48 , 66 , 70. 39 h. 6. c. 1. 17 e. 4 , c. 7 worthy perusal . * now revived and imposed , amounting to forty thousand pound a month. * was it not a thing of more strange impiety and unnaturalness in the general and officers of the parliaments own army , raised , paved , commissioned , sworn , and every way engaged for the defence of the parliament of england , actually to engage and bring up the army again and again , to impeach , secure , seclude , and dissolve both the reall and pretended parliament of england before and since this declaration ? * the officers and armies coming in person to seize forty three members at once , seclude above two hundred more , and the whole house of lords was certainly a farre greater offence , especially after the branding of the kings act , and his repentance for , and disclaimer of it . * but the army officers , with some thousands of the army , better armed and provided . a fox acts and monuments in the oldest edition , p. 7. 41 see a new discovery of the prelates tyranny , p. 210 , 211 , 212 a prov 3. 27. b psal. 39. 13. to the honourable the knights, citizens, and burgesses in this present parliament assembled the humble petition of clement vvalker, and william prynne, esquires. walker, clement, 1595-1651. this text is an enriched version of the tcp digital transcription a96850 of text r212163 in the english short title catalog (thomason 669.f.8[44]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 7 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a96850 wing w337 thomason 669.f.8[44] estc r212163 99870809 99870809 161095 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a96850) transcribed from: (early english books online ; image set 161095) images scanned from microfilm: (thomason tracts ; 245:669f8[44]) to the honourable the knights, citizens, and burgesses in this present parliament assembled the humble petition of clement vvalker, and william prynne, esquires. walker, clement, 1595-1651. prynne, william, 1600-1669. 1 sheet ([1] p.) s.n., [london : 1644] praying for protection against slanderous reports concerning their conduct of the case against col. fiennes in a council of war. reproduction of the original in the british library. eng fiennes, nathaniel, 1607 or 8-1669 -early works to 1800. libel and slander -great britain -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a96850 r212163 (thomason 669.f.8[44]). civilwar no to the honourable the knights, citizens, and burgesses in this present parliament assembled. the humble petition of clement vvalker, and wil walker, clement 1644 1208 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-06 tcp assigned for keying and markup 2007-06 apex covantage keyed and coded from proquest page images 2007-08 emma (leeson) huber sampled and proofread 2007-08 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion to the honourable the knights , citizens , and burgesses in this present parliament assembled . the humble petition of clement walker , and william prynne , esquires . sheweth , that your petitioners , by publike proclamations ( posted up at westminster , and the exchange , ) and by private summons , were involuntarily ingaged by colonell nathaniel fiennes ( who by severall orders of this house , upon his owne spontanious motions , put himselfe upon the triall of a councell of warre , declining the parliament , though a member of it ) to exhibit articles of impeachment against him , not out of any private interests , but onely in the kingdoms behalfe ; that he , contrary to his trust , duty , and sundry promises , to defend the city and castle of bristoll ( of which he was governour ) to the uttermost extremity , to dispute every foot , yea , inch thereof with the enemy , to lay his bones therein , and to make his flag of truce his winding-sheet ; did most cowardly and traiterously surrender the same , with all the ammunition , canon , armes , magazines , provisions , prisoners therein , and the very colours too , into the hands of prince rupert , and other common enemies of the kingdome , upon the entring of not above one hundred and fifty enemies within the line , at a place worst fortified and guarded ( who all gave themselves for dead men , and might have easily beene cut off at first ; ) and that before any one of the out-forts taken , the walls of the city or castle once battered , assaulted , or the siege thereof continued three whole dayes ( though he wanted neither men , ammunition , nor victuals to have defended the same for three moneths space or more , against all the enemies power , ) to the irreparable dammage of the republike , the losse of the westerne parts , the hazard of the whole realme , and infinite inriching , strengthning , advantaging of the common enemy both by land and sea , &c. upon which articles , after a full and honourable hearing for nine dayes space , before a councell of warre at saint albanes , the said colonell the 29 , of december last was found guilty , and judgement pronounced against him , that his head should be cut off . yet notwithstanding some friends of his , to blemish your petitioners , and that honourable councels just proceedings , have confidently reported in london , westminster , and elsewhere : that your petitoners did retract all , and could not prove any of their articles ; that they cried peccavi , asked the colonel forgivenes ; who made such a brave defence , and came of with such honour as never any man did before him ; that he was absolutely acquitted from all cowardize and treachery , and condemned onely for not firing that famous city , which his conscience would not permit , nor the parliament in honour could not have suffered him to doe ; that his guard continued upon him but two daies after sentence , that he is already set at liberty , pardoned , ( though we humbly conceive no person can * pardon his judgement in this common case , without speciall order of both houses , ) and shall shortly sit in the house againe . by reason of which false reports your petitioners , for their cost and paines in this publique prosecution , have been much defamed ; his excellencies , and the honourable councell of warres proceedings insufferably traduced , truth disguised , the well affected party discontented , malignants mouthes opened to complaine of partiality , the honour and justice of the high court of parliament principally interressed in this tryall ( directed by severall orders of this house ) blemished , and a high way prepared in these perilous times ( which daily produce new monstrous plots to undermine us ) to betray all forts , and cities yet remaining in your power , through treachery or cowardize , if this signall leading president of grandest publique concernment , shall be thus openly traduced , and the execution of it so suddenly , so sleightly passed over as is reported ; especially since the condemned delinquent , hath both in speeches and printed relations justified this his unworthy action to the utmost before this honourable house , the councell of war , world , not yet making the least acknowledgement of , submission or satisfaction for the same , and denied at the tryall that colonel essex was ever governour of bristol , or that he did apprehend or remove him , or that himselfe was ever governour of this city or castle , or undertooke to defend the same , or had any commission to keepe it , but onely to keepe his souldiers in order ; the contrary to all which appeared by his owne evidence , and that he hath twice sent for , received , accepted an independent commission by all possible waies and meanes to provide for the defence and security of the same city against all enemies and opposition whatsoever . and when his sentence was pronounced , he appealed from it to the parliament , which he had formerly declined , arraigned his judges after sentence , by demanding the reasons of their judgement , ( which he said he little expected , ) and what witnesses they allowed or disallowed ? and most injuriously attributed the losse of bristol and the west , with our prosecution of this cause , ( proceeding meerely from his owne sollicitation ) to an honourable member of this house now imployed in great command , with happy successe ; most falsely averring to the councell , that he was thus eagerly prosecuted by your petitioners , at sir william wallers instigation , onely for the great affection which he and his father did beare , and the good service they had done to my lord generall and his army . in tender consideration whereof , they humbly supplicate this honourable house to take the premises into your just and serious examination , that so the authors of these false reports may receive such exemplary punishments , as may deterre others from like slanders ; your petitioners , and others defamed by them , such just reparation in their honours , as may encourage them to doe your honours and kingdome further service ; and the delinquent such impartiall execution , as shall most redound to the parliaments , republikes future security , and prevention of offenders of this nature , without which no safety can be expected . and your petitioners shall ever pray , &c. clement walker . william prynne . notes, typically marginal, from the original text notes for div a96850e-30 * the king himselfe cannot pardon an offence or injury against the common-wealth , without the parliament ; nor any offence , where any private person shall have a particular interest , as our law-books resolve . mr. pryn's last and finall declaration to the commons of england, concerning the king, parliament, and army. and his remonstrance and proposals to the kingdome, shewing, that it is high treason, to compasse or imagine the deposition or death of our soveraign lord king charles. with the oath of allegiance to his majesty, taken by the parliament men, before their admission into the house as members. / by william pryn, of lincolns-inne, esq. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91204 of text r205366 in the english short title catalog (thomason e537_12). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 11 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91204 wing p3992 thomason e537_12 estc r205366 99864767 99864767 116999 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91204) transcribed from: (early english books online ; image set 116999) images scanned from microfilm: (thomason tracts ; 83:e537[12]) mr. pryn's last and finall declaration to the commons of england, concerning the king, parliament, and army. and his remonstrance and proposals to the kingdome, shewing, that it is high treason, to compasse or imagine the deposition or death of our soveraign lord king charles. with the oath of allegiance to his majesty, taken by the parliament men, before their admission into the house as members. / by william pryn, of lincolns-inne, esq. prynne, william, 1600-1669. [2], 6 p. s.n.], [london : printed in the year, 1648 [i.e. 1649] place of publication from wing. annotation on thomason copy: "jan: 5th". reproduction of the original in the british library. eng charles -i, -king of england, 1600-1649 -early works to 1800. england and wales. -army -early works to 1800. oaths -england -early works to 1800. monarchy -great britain -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a91204 r205366 (thomason e537_12). civilwar no mr. pryn's last and finall declaration to the commons of england, concerning the king, parliament, and army.: and his remonstrance and prop prynne, william 1649 1979 6 0 0 0 0 0 30 c the rate of 30 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 apex covantage keyed and coded from proquest page images 2007-04 emma (leeson) huber sampled and proofread 2007-04 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion mr. pryn's last and finall declaration to the commons of england , concerning the king , parliament , and army . and his remonstrance and proposals to the kingdome , shewing , that it is high treason , to compasse or imagine the deposition or death of our soveraign lord king charles . with the oath of allegiance to his majesty , taken by the parliament men , before their admission into the house as members . by william pryn , of lincolns-inne , esq. printed in the yeer , 1648. master pryns declaration to the kingdome concerning the apparent danger of his majesties royall person , and the present proceedings of the parliament and army in order to the deposing of charles steward , their lawfull king of england , &c. gentlemen , and fellow commoners , vvhereas my self , and above 200 members more being forcibly secluded from siting in the house of commons , by the officers of the army , i therefore held it my duty , to impart unto you these ensuing proposals . first , that by the common law of the realm , the stat . of 25 e. 3. and all other acts concerning treason , it is no lesse then high treason for any man to compasse or imagine the deposition or death of the king , or of his eldest sonne and heire , though it be never executed , much more if actually accomplished , and that many have been arraigned , condemned , and executed , for such intended treasons in former ages , as the e. of arundell , and others , by judgment in parl. secondly , that in the oath of allegiance whlch you have all taken , immediatly before your admission into the house as members ; you do truly and sincerely acknowledge , professe , testifie and declare in your consciences , before god & the world , that our soveraign lord king charles , is lawfull and rightfull king of this realme , and of all other his maj. dominions and countries . thirdly , that your selves , among other members , have in above one hundred remonstrances and declarations , professed , both to the king himself , kingdom , world , & forraign states , that you never intended the least hurt , injury , or violence to the kings person , crown , dignity , or posterity ; but intended to him and his royal posterity , more honour , happinesse , gr●atnesse , and glory , then ever was yet enjoyed by any of his predecessors , that you have proposed no other ends to your selves , but the performance of all duty and loyalty to his maj. person , that his personal safety , honour , & greatnesse , are much dearer to you then your own lives and fortunes , which you do most heartily dedicate , and shall most willingly imploy for the maintenance and support thereof , that the parl. will ever have a care to prevent any danger which his majesty may justly apprehend to his person : with many other such like expressions . which , whether your present actings and councels do not directly oppose , contradict , and give the lye unto , to your eternal infamy , and breach of publike faith , as much as in you lies , let the world and all men judge ; as they will do in due season . the rule in the old testament is , not to take any wicked kings from their thrones , ●nd behead them : but ( rom : ●3 : 1 , 2 , &c. ) take away the wicked from before the king , and his throne shall be established in righteousnesse . and the rule in the new testament . to be subject to kings , and the higher powers , and to submit vnto them , even for conscience and the lords sake : and to make prayers , supplications , and intercessions for them , that under them we may lead a quiet and peaceable life , in all godlinesse and honesty : for this is good and acctptable in the sight of god our saviour : not to depose or shed their bloud , for which there is no precept . and is not this plain way of god , the safest for you and the army to follow , yea the only short cut to peace and settlement ? ruminate upon it , and then be wise , both for your soules good , and the welfare of poor england . fourthly , remember , that no protestant king or state , ever yet defiled their hands , or stained the purity and honour of their reformed religion , with the deposition , or bloud of any of their kings and princes , much lesse of a protestant king or prince , of a temperate and sober life , as the king is ; who never imbrued his own hand in any one mans bloud , in any tyrannical or bloudy way before or since the warres ( for ought i can hear ) but only in a military . fifthly , consider , that the scots delivered the king to our commis. at newcastle , upon this expresse condition , that no violence should be offered to his person , &c. according to the covenant . how then can you un-king , depose him , or take away his life upon pretext of justice , which if you do , you ingage both kingdoms to war against you , and to crown the prince of vvales their king , as being next heir apparent . wil : pryn . a declaration touching the king . after mature deliberation upon the proceedings of the lord general fairfax , and the general councel of officers , in relation to the establishing of a firm and lasting peace within this bleeding , torne , and tottering kingdom , and the erecting of a pure and sound government according to the law of nature , and the fundamental laws of this realm , and after several conferences and disputations in order thereunto , divers of the presbyterian party frequented to westminster , and other places , where they had severall disputations and conferences with the officers , and other members of the army ; and after some debate upon the foundation , of the grounds and principles of the agreement of the people , the presbyterians declared a great dislike thereof , remonstrating , that it was not founded upon a firm rock ; to which objections , severall answers were made , for cleering such scruples and cautions , as seemed difficult to many ; and as for the person of the king , they further declared , that notwithstanding the present ordnance of attainder against his maj. yet they conceived it requisite and lawfull , that the prayers of the ministery bee still continued in every congregation throughout his maj. realmes and dominions ; desiring , that he may have a legal tryall , and that hee may not be degraded of his titles and honours : concerning which , be pleased to peruse this ensuing letter from holland , touching the degrading of his majesty . sir , we are here in a kind of amazement , to hear that your king should be designed for the grave before his time : believe it , there 's nothing more characterizes men wise in the opinion of the wisest meer man , then that they see a far off , not the plague of the body only , though that , but judgments somtimes for evildoing , somtimes for acting indiscreetly in matters that may be done . that which may lawfully bee done , it may be absurd to do at some time : the taking away life , which is that prized above all , by him that all account wise , is not just ( say some ) at any time , unlesse there be a law that makes the thing done death , and death to him that doth it : the supream power of england that forbids any to judge of treason in a constructive way , but themselvs have retaind in themselvs a power to judge such and such practises and endeavours to amount to treason or death . in particular , supose there were law , or it were in the power of the lords and commons to take awoy the life of the present king , yet if england , scotland , and ireland shal be made more miserable thereby in reason , and the waas renewed , to the probable ruine of the nations , and chiefly to those who pretend most to piety and justice therein , it were better not . that it 's dangerous this may be said : if you cut off , you must set up , vacuities of that nature suddainly introduce confusion : if you set up , it must either be a new king , or a new government ; if a new king , then the next of kinne , and if him , then let his ●complyance be what it will , his fathers death cannot bee ●orgot ; no , the danger of his mothers influence , who will remain in banishment , be easily got over , refuse he to come in , as it 's most like , he hath the afore-named written upon his brest , hesides his hereditary claim , his marriage , which no man that hath a purse , but will endowry with a daughter , raise an army of 20000 to restore a son in law , and make his daughter queen of 3 kingdoms , which by reason of scituation , and inherent accommodations may ( well managed ) be the ballancing power of christendom . if any other , or a new government , the objections are the same , & all the line & that successively are made enemies to boot ; besides hath the parl. or army yet got so much love ? are they so deep in the hearts of the people , that they can assure themselves the newtrals , or those who have gone farre with them will quiesce ? but the answer is ready , we have an army that cannot be over come , neither by what can rise here , or come from abroad . so had alexander , but alexander was poysoned , and what then became of his army ? ruin approached . some wil boast they fear no colours , nor danger , for they have the swiftest horse in the kingdom ; but what if that horse stumble , and throw his rider : where 's the man , the horse wandering up and down , as the fed hauk for food , comes to the hand of a child ? hague 2 jan. 1648. the heads of the armies deolaration . 1 that they were great promoters of the kings design . 2 of promoting the kings design in scotland , obstructing the lord lisle , and promoting the l. inchequin . 3 that they incouraged the force that was set upon the houses by the london apprentises , hindered and obstructed such things a● tended to the settlement of the kingdom , &c. that therefore to the end that there might be a speedy way for setling the same , they excluded them the house , and intend very speedily to send in the charge against them . finis . six important quæres, propounded to the re-sitting rump of the long parliament, fit to be satisfactorily resolved by them upon the question, before they presume to act any further, or expect the least obedience from the free-born english nation, after so manie years wars and contests for the privileges, rights, and freedom of parliaments, and their own liberties. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91280 of text r211416 in the english short title catalog (thomason 669.f.22[43]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 13 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91280 wing p4083 thomason 669.f.22[43] estc r211416 99870143 99870143 163626 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91280) transcribed from: (early english books online ; image set 163626) images scanned from microfilm: (thomason tracts ; 247:669f22[43]) six important quæres, propounded to the re-sitting rump of the long parliament, fit to be satisfactorily resolved by them upon the question, before they presume to act any further, or expect the least obedience from the free-born english nation, after so manie years wars and contests for the privileges, rights, and freedom of parliaments, and their own liberties. prynne, william, 1600-1669. 1 sheet ([1] p.) s.n., [london : 1659] anonymous. by william prynne. imprint from wing. identified as wing p4083a on umi microfilm "early english books, 1641-1700" reel 2038. annotation on thomason copy: "w.p:"; "xber [i.e., december]. 30. 1659". reproductions of the originals in the british library (thomason tracts), and the harvard university library (early enlgish books, 1641-1700). eng england and wales. -parliament -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. a91280 r211416 (thomason 669.f.22[43]). civilwar no six important quæres, propounded to the re-sitting rump of the long parliament, fit to be satisfactorily resolved by them upon the question, prynne, william 1659 2168 6 0 0 0 0 0 28 c the rate of 28 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-07 tcp assigned for keying and markup 2007-08 aptara keyed and coded from proquest page images 2009-01 emma (leeson) huber sampled and proofread 2009-01 emma (leeson) huber text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion six important quaeres , propounded to the re-sitting rump of the long parliament , fit to be satisfactorily resolved by them upon the question , before they presume to act any further , or expect the least obedience f●om the free-born english nation , after so manie years wars and contests for the privileges , rights , and freedom of parliaments , and their own liberties . 1. whether their sudden stealing into the house by night , on monday the 26. of december after their forced dissolution by lambert , octob. 13. without any new summons or notice of their sitting given to any of their fellow-members , in the city , or people of the nation ; was not a work of darkness , rather than of light , better beseeming theeves than freemen , a guy faux with his dark lanthorn to blow up a parliament , than the honour and dignity of members of a real english parliament , and a bad omen of some dark d●signs against their fellow-members , and liberties both of the city and english nation ? 2. whether their placing armed gards that evening at the house , and all approaches to it and the next morning too , and giving colonel okey , and colonel alured ( the commanders of their gards ) their serjeant and door-keepers , strict special commands and orders , not to suffer any of the old secluded members so much as to come into the outward lobby before the house , ( whether footboys , apprentices , and other persons of all sorts had free access , ) much lesse to enter into the house ; and their forcible secluding of sir gilbert gerard , sir anthony irby , sir william waller , sir john evelin , mr. ansl●y , serjeant maynard , mr. prynne , and 15. other members more on tuesday morning , decemb. 27. out of the very lobby , in pursuance of their orders , till they crowded into the lobby by degrees against the door-keepers , and gards wills , who at first oft shut the doors against them , though they admitted apprentices , and others to pass in and out : and their seclusion of them out of the house when in the lobby , by keeping the house door fast locked against them , and ordering the door-keeper and serjeant not to open it , notwithstanding many demands to open it , and messages to them for that purpose , which they slighted ; not vouchsafing to take any notice of , after two full hours attendance by the members on them in the lobby ; nor so much as sending any member , nor their serjeant out to them ; as they usually do to every ordinary petitioner , or person attending them upon publick or private occasions ; be not a just ground and provocation for these and all other secluded members , ( being about 4. times more in number and interest to those then sitting , and the real house of commons , ) with all the respective counties , cities , boroughs , ports for which they serve , with as high contempt and scorn to neglect them and their illegal conventicle , ( not the tenth part of a commons house , ) to protest against all their votes , proceedings as null and void to all intents , and not to yield the least obedience to any orders , votes , or commands of theirs , till all the members be freely admitted without any restrictions , to sit and act amongst them ; it being both their privile●e , birthright , and inheritance , and they obliged by their protestation , and solemn league and covenant , constantly , zealously and chearfully to defend the same with their lives and estates against all violations , all the daies of their lives ; and therefore now if ever , in this sad posture of publick distractions ? 3. whether this their disdainfull , uncivil , unbrotherly treating of their fellow-members ( desiring nothing else but a brotherly association with them , to compose the manifold distractions , and make up the wide breaches of our sinking , dying nations , by their united councils and endeavours , and to regulate all exorbitances , occasioned by their heady councils and miscariages ) in not allowing them the privileges of porters and footboyes to enter into their outward lobby , in taking no notice of them , and putting this fresh affront upon them , after so many former indignities , in the midst of their and our domestick confusions and fears from forein parts , be not an evident demonstration ; that they intend neither the publike peace , unity , nor settlement of our government , laws , liberties , or nations , but their unjust support of their own private interests , rapines , ambitious tyrannical usurpations and exercises of supreme parliamentary civil and military authority over our three nations ; to imbroyl them in new wars and confusions , to prey upon the small remainder of their real and personal estates , by the power of the sword , now gotten into their hands , out of the army-officers ; who abused it likewise to the oppressing and enslaving of the people , and created them a parliament without the secluded members , and house of peers ? 4. whether their disdainfull , injurious forcible seclusion of the members , by their own special orders and commands to their gards and officers now , be not a shrewd evidence , that their former seclusions , decemb. 6. and 7. 1648. and may 7. and 9. 1659. ( acted by , and fa●●●red on the army-officers , and seemingly disowned by themselves ) were secretly procured & countenanced by them , thus openly owning their last seclusion , by their precedent orders and subsequent approbation of it ; and that at their very first re-assembling , after their own late forcible seclusion , by lamberts and hewsons regiments , now entertained and imployed in their service , to seclude , and keep out their old honest fellow members , of untainted integrity and merit ? whether it be not a greater breach of privilege , trust , duty , tyranny , perjury , and treason in them , against all former declarations , the protestation , solemn league and covenant , taken and subscribed by them , with hands lifted up to the most high god , thus to seclude their fellow members ; than it was in cromwell and harrison , april 20. 1653. or for lambert october 13. last to seclude and turn themselves out of doors , after their declaring and voting it treason , perjury and tyranny in them ? whether this their secluding of the members by col. okey himself , and others who appeared most active against their exclusion by lambert , will not draw a self-condemnation on them , as acting by their commands , against their consciences ; and justify both cromwels and lamberts seclusion of themselves ? and justly encourage all their newly reduced soldiers and others , to shut and turn themselves out of the house again upon any emergent occasion or discontent , with greater boldness and impunity than before , since they justified their last seclusion , by their former underhand encouragements of them to seclude the majority of the members , who over-voted them in decemb. 1648. and give them orders to seclude them now again upon the same account in the same month of december , for fear they should over-vote them if re-admitted ? 5. whether their printed vote , decem. 27. to take the business of their absent members into debate on the 5. of january next ; instead of giving admittance , or any answer to the 22. secluded members waiting for an answer in the lobby above 2. hours , be not a meer dilatory cheat put upon the secluded members , the city of london , and whole nation ; to delay their admission till they have put new gards on , and drawn up all their forces to london , to over-awe the city , and hinder their long-delayed militia for their own security ; and setled the militia of every county under their own commands , to enslave the whole city and nation to their tyranny and usurped parliamentary power ; and then they will not only forcibly keep out all the members , but absolutely eject them , unlesse they will take their new oath and ingagement : as is evident by their speakers prohibiting the lord maior and common council on saturday last to set up their chains and settle their militia ; and their order and vote on munday night against all forces raised without their order , to hinder the militia in the city , when they commanded the militia in the suburbs and westminster to meet and act that day : and by some of their discourses 〈◊〉 secluded members ; that there was no hopes of their admission , unlesse they were for a commonwealth , would take the ingagement , and confirm what they had done : and thereby become as guilty , treacherous , perfidious , disloyal , and hurtfull to the publike as themselves ) which those members assured them , they would never submit to , being against the privilege of parliament , their judgements , consciences , protestation , covenant , former oathes upon their first admission as members . 6. whether the city , or english nation , can expect the least justice ease or redresse of their insupportable burdens , taxes , and impositions from these new tax-masters , who ( though they are not yet the tenth part of a full commons house ) presumed to pass and print a new act of parliament , to continue their expired customs and excises on them , till march next ? whether their unpresidented presumption ▪ in arrogating to themselves the title , power and authority of a parliament ; when all laws , and lawbooks resolve , their own consciences and the whole nation infallibly know them to be no parliament , nor commons house , hath not brought them within the compasse and penalty of this clause in their own last act , before their dissolution by lambert , october 11. intituled , an act against raising of money upon the people without their consent in parliament : and be it further enacted , that no person or persons shall after the 11. of october , 1659. assess , levy , collect , gather or receive , any customs , imposts , excise , assessment , contribution , tax , tallage , or any sum or sums of money , or other impositions whatsoever , upon the people of this commonwealth , without their consent in parliament , or as by law might have béen done before the third of november , 1640. and be it further enacted and declared , that every person offending against this act , ( therefore every of themselves who passed this new act , decemb. 27. and those who shall put it in execution ) shall be and are hereby adjudged to be guilty of high treason , and shall forfeit and suffer as in case of high treason . whether the people of this commonwealth ( the thousand part whereof knew not of their new sitting ) did ever consent to this sudden extemporary new act , made the first morning of their sitting in lesse than two hours space , when there were but 42. members in the house ; 22. secluded members at the door , and near 250. more members yet living , ( besides the whole house of lords , who must stand for cyphers ) absent , and not privy to their session , or this act ? if not , ( as is unquestionable ) whether by this their own law and act , they be not adjudged to be guilty of high treason , and to forfeit and suffer as in case of high treason , for this their imposing and continuing of customs and excises on the people ; as well as for their seclusion of their members ; which they voted to be treason in lambert ? and whether the offices and common soldiers can upon this acccount expect any pay from the city or country , or indemnity for secluding those now sitting , if they offend again in secluding the greatest part of the members , which are in truth the only house , which can only really pay and indemaifie them ? new-babels confusion. or, severall votes of the commons assembled in parliament; against certain papers, entituled, the agreement of the people for a firm and present peace upon grounds of common right. delivered to them in the name of all the freeborn people of england. ordered by the commons assembled in parliament, that these votes be forthwith printed and published. h. elsynge, cler' parl' d. com'. england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a91225 of text r203355 in the english short title catalog (thomason e540_19). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 7 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91225 wing p4014 thomason e540_19 estc r203355 99863329 99863329 115521 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91225) transcribed from: (early english books online ; image set 115521) images scanned from microfilm: (thomason tracts ; 84:e540[19]) new-babels confusion. or, severall votes of the commons assembled in parliament; against certain papers, entituled, the agreement of the people for a firm and present peace upon grounds of common right. delivered to them in the name of all the freeborn people of england. ordered by the commons assembled in parliament, that these votes be forthwith printed and published. h. elsynge, cler' parl' d. com'. england and wales. parliament. house of commons. prynne, william, 1600-1669. 8 p. printed for edward husband, printer to the honourable house of commons, 1647; and re-printed for michael spark at the blue-bible in green-arbor, london : 1649. compiler's introduction signed: william prynne. excerpts from the proceedings of the commons, nov.-dec. 1647. first published in 1647, without prynne's note, as: several votes of the commons assembled in parliament, against certain papers delivered in to them in the name of all the freeborn people of england. annotation on thomason copy: "jan: 30. 1648.". reproduction of the original in the british library. eng agreement of the people for a firme and present peace, upon grounds of common-right and freedome. great britain -history -civil war, 1642-1649 -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a91225 r203355 (thomason e540_19). civilwar no new-babels confusion. or, severall votes of the commons assembled in parliament; against certain papers, entituled, the agreement of the peo england and wales. parliament. 1649 1039 2 0 0 0 0 0 19 c the rate of 19 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 aptara keyed and coded from proquest page images 2007-04 jonathan blaney sampled and proofread 2007-04 jonathan blaney text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion new-babels confusion . or , severall votes of the commons assembled in parliament ; against certain papers , entituled , the agreement of the people for a firm and present peace upon grounds of common right . delivered to them in the name of all the freeborn people of england . ordered by the commons assembled in parliament , that these votes be forthwith printed and published . h. elsynge , cler' parl ' d. com' . london , printed for edward husband , printer to the honourable house of commons ▪ 1647 ; and re-printed for michael spark at the blue-bible in green-arbor , 1649. reader , peruse the ensuing votes , and then subscribe the new intended representative , or agreement of the people , without perjury and breach of covenant , if thou canst ; being thrice by the house of commons , and once by both houses adjudged and declared to be destructive to the being of parliaments , and to the fundamentall government of the kingdom , which thou both by the protestation , and solemn league and covenant art obliged inviolably to maintain : and no lesse then high treason , as was adjudged this very parliament by both houses , in the cases of strafford and canterbury , who lost both their heads for endeavouring to subvert the liberties and freedom of parliaments , and the fundamentall government of the kingdom : of whose treasons these must certainly be more deeply guilty , who shall promote and set up this agreement , after these votes of both houses against it . william prynne . die martis , 9 novemb. 1647. a paper directed , to the supreme authority of the nation , the commons in parliament assembled , and styled , the just and earnest petition of those whose names are subscribed , in behalf of themselves and all the free born people of england ; together with a printed paper annexed , entituled , an agreement of the people for a firm and present peace , upon grounds of common right , were read . resolved , &c. that the matters contained in these papers , are destructive to the being of parliaments , and to the fundamentall government of the kingdom . resolved , &c. that a letter be sent to the generall , and these papers inclosed , together with the vote of this house upon them : and that he be desired to examine the proceeding of this business in the army , and return an accompt hereof to this house . die martis , 23 novemb. 1647. a petition directed , to the supreme authority of england , the commons in parliament assembled , and entituled , the humble petition of many free born people of england , sent in a letter directed to mr. speaker , and opened by a committee thereunto appointed was read the first and second time . resolved upon the question , that this petition is a seditious and contemptuous avowing and prosecution of a former petition and paper , annexed , styled , an agreement of the people , formerly adjudged by this house , to be destructive to the being of parliaments , and fundamental government of the kingdom . resolved , &c. that thomas prince cheesemonger , and samuel chidley , be forthwith committed prisoners to the prison of the gatehouse , there to remain prisoners during the pleasure of this house , for a seditious and contemptuous avowing and prosecution of a former petition and paper annexed , stiled , an agreement of the people , formerly adjudged by this house , to be destructive to the being of parliaments , and fundamental government of the kingdom . resolved , &c. that jeremy ives , thomas taylor ▪ and william larner , be forthwith committed to the prison of newgate , there to remain prisoners during the pleasure of this house , for a seditious and contemptuous avowing and prosecution of a former petition and paper annexed , styled , an agreement of the people , formerly adjudged by this house to be destructive to the being of parliaments , and fundamentall government of the kingdom . resolved , &c. that a letter be prepared and sent to the generall , taking notice of his proceedings in the execution , according to the rules of warre ( of a mutinous person ) at the rendezvouz near ware , and to give him thanks for it ; and to desire him to prosecute the examinations of that business to the bottom , and to bring such guilty persons as he shall think fit , to condign and exemplary punishment . resolved , &c. that the votes upon the former petition and agreement annexed , and likewise the votes and proceedings upon this petition be forthwith printed and published . h. elsynge , cler' parl ' d. com' . after this both houses of parliament by an ordinance of decemb. 17. 1647. concerning the choosing of common-councel-men and other officers of the city of london , ordained , that no person whatsoever who hath continued , abetted , or perswaded or entred into that engagement , entituled , the agreement of the people , declared to be destructive to the being of parliament , and fundamentall goernment of the kingdom ; shall for the space of one whole year , to be accompted from the 15 of december , 1647. be elected , chosen , or , put into the office or place of lord major of the city of london , or of alderman , sheriff , deputy of a ward , or common-councel-man of the said city , nor shall have voice in the election of any such officers . these votes and ordinances were passed whiles the eleven members , and most of the presbyterians were secluded and absent from the house , by lievtenant general crumwel , ireton , and the independent-party , who now endevour to set up that very agreement , which they then thus deemed and censured . william prynne . finis . the doome of cowardisze [sic] and treachery or, a looking-glasse for cowardly or corrupt governours, and souldiers, who through pusillanimity or bribery, betray their trusts, to the publick prejudice containing certaine domestick lawes, heretofore, lately made, and judgements given against such timorous and treacherous persons; fit to be known in these unhappy times of warre. by william prynne, utter barrester of lincolnes-inne. imprimatur iohn white, octob. 23. 1643. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56157 of text r212960 in the english short title catalog (wing p3947a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 83 kb of xml-encoded text transcribed from 12 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56157 wing p3947a estc r212960 99825522 99825522 29906 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56157) transcribed from: (early english books online ; image set 29906) images scanned from microfilm: (early english books, 1641-1700 ; 2038:27) the doome of cowardisze [sic] and treachery or, a looking-glasse for cowardly or corrupt governours, and souldiers, who through pusillanimity or bribery, betray their trusts, to the publick prejudice containing certaine domestick lawes, heretofore, lately made, and judgements given against such timorous and treacherous persons; fit to be known in these unhappy times of warre. by william prynne, utter barrester of lincolnes-inne. imprimatur iohn white, octob. 23. 1643. prynne, william, 1600-1669. [2], 20, [2] p. printed for michael spark senior, and are to be sold at the blew-bible in greene-arbor, london : 1643. the last leaf is blank. another issue (wing p3947) has quire a in a different setting, with "cowardize" in title. running title reads: the doome of cowardize and treachery. reproduction of the original in the harvard university library. eng great britain -history -charles i, 1625-1649 -early works to 1800. a56157 r212960 (wing p3947a). civilwar no the doome of cowardisze [sic] and treachery or, a looking-glasse for cowardly or corrupt governours, and souldiers, who through pusillanimit prynne, william 1643 15172 261 0 0 0 0 0 172 f the rate of 172 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2002-05 tcp assigned for keying and markup 2002-06 spi global keyed and coded from proquest page images 2002-07 mona logarbo sampled and proofread 2002-07 mona logarbo text and markup reviewed and edited 2002-08 pfs batch review (qc) and xml conversion the doome of cowardisze and treachery or , a looking-glasse for cowardly or corrupt governours , and souldiers , who through pusillanimity or bribery , betray their trusts , to the publick prejudice . containing certaine domestick lawes , heretofore , lately made , and judgements given against such timorous and treacherous persons ; fit to be known in these unhappy times of warre . by william prynne , utter barrester of lincolnes-inne . devt. 20.1.2.34 . when thou goest out to battell against thine enemies , and seest horses and chariots , and a people more then thou , be not affraid of them ; for the lord thy god is with thee , which brought thee up out of the land of egypt : and it shall be when yee are come nigh unto the battell , that the priest shall approach and speak unto the people & shall say unto them : heare , o israel , you approach this day unto the battell against your enemies ; let not your hearts faint ; feare not , and doe not tremble ; neither be yee terrified because of them ; for the lord your god is he that goeth with you , to fight for you against your enemies , to save you . psal. 3.6 . psal 27.3 . i will not be affraid often thousands of people who have set themselves against me round about . the lord is my light and my salvation , whom shall i feare ? the lord is the strength of my life , of whom shall i be affraid ? though an host should encamp against me , my heart shall not feare● though war should rise against me , in this will i be confident . lvke . 17.33 . mat. 16.25 . whosoever shall seek to save his life ( by cowardly and unworthy practises ) shall lose it ; and whosoever shall lose his life ( by adventuring it valiantly ) shall preserve it . imprimatur iohn white , octob. 23. 1643. london , printed for michael spark senior , and are to be sold at the blew-bible in greene-arbor , 1643. to the reader . reader , i presume the following pages need no apology , for their seasonablenes in times of war , or necessity in an age of timidity and treachery . all men of valour will protest and joyne forces with me against cowards ; all persons of honor & sincerity , against traytors , and deceivers , ( the only enemies here encountred ; ) especially in a publique war , undertaken , managed for no other end , but the defence of religion , lawes , liberties , iustice , and bringing delinquents , traytors to their native country , unto condigne punishments ; in such a sacred warfare as this ; * nulla fides , pietasque viris qui castra sequuntur , is not onely a paradox , but a prodigy , yea an inexpiable impiety : which ought to admit no other centurions , or souldiers , but such as cornelius is recorded to be , acts 10.1.2 . a devout man , and one who feared god with all his house ; which gave much almes to the people ( insteed of plundring them ) and prayed to god alwayes ; or in one word , such as that royall magnanimous generall and captaine of gods host , king david , was ; * a man after gods own heart , who shall fulfill all his will . to such martiall men as these ( and i would to god all our armies were wholy composed of no other ) i know these lines will be very acceptable ; no wayes displeasing . if any grow offended at them , i feare their indignation ariseth onely from , or will be an evidence of thei●guilt in some particulars here arraigned , condemned by the law o● arms . if any complain of overmuch brevity , let them know , that shor● discourses are ever most sutable for men , for times of action . souldiers who act much , can read but little . this induced mee to present thee with a manuall only , in such a subject , which i could have amplified into a volume : dictum sapienti sat est . a few good presidents , are sufficient to inform , reform many persons , and abuses : which if these , through gods blessings , shall effect , i have the accomplishment o● my desire . farewell . the doome of cowardize and treachery . it was one part of that excellent military discipline which god himselfe pr●scribed unto his owne people when they went out to battell against their enemies , that the officers , should speak thus unto the people , ( in nature of a publique proclamation : ) deut. 20.18 . what man is there that is fearfull and faint hearted ? let him go & returne unto his hous● , le●t his brethrens hearts faint ( by his flight or cowardize ) as well as his heart . in pursuance whereof ; valiant (a) gideon having assembled an army of thirty two thousand men , to fight against the midianites , god commanded him , to goe and proclaime in the eares of the people , saying ; whosoeever is fear●full and affraid , l●t him returne and depart earlie from mount gilead ( where they were assembled : ) whereupon there returned of the people twenty two thousand , and there remained only ten thousand ; more then two parts of three , being pusillanimous cowards ; and therefore altogether unfit for martiall affaires , better dismissed then retained in such a service . (b) the like proclamation , according to this law , we finde made by that heroick generall of the jewes , iudas maccabaeus . cowardly , and timorous persons are (c) no fit souldiers to be imployed in any temporall or spirituall militia ; and therfore by gods own directions are ●o be cashiered out of both . it is therefore the duty of every person , who takes upon him the profession of a souldier , but more especially , the office of a governour or commander , (d) seriously to examine his own heart and spirit , wh●ther he hath sufficient c●urage , valour , resolution ( as well as skill or prudence ) to execute , discharge , such a most generous calling , before he undertake it , that knowne speech of chabrias being an experimentall verity , (e) that an army of harts with a lyon for their leader , is more terrible then an army of lyons with an hart for their commander ; the cowardise of the generall being o●t times the overthrow of the most valorous army , and the timorousnesse , or covetousnesse of the governour , the losse of the strongest city or castle , to the intolerable dammage of those states or princes who imploy them in such military services . hence in all ages , cowardly , mercenary treacherous souldiers and governours , who through ●eare or covetousnesse be●ray their trusts , have undergone most exemplary censures and punishments of an high strain● , as well for their ●●●illanimity as treachery , fit to be publickly knowne in these times of war , for the terror of such delinquents , and better incouragement of all men of armes , valorously and faithfully to discharge the trusts they have taken upon them ; even for feare of legall executions , where the advancement of their own honour and reputation , and publique safety will not engage them faithfully to discharge their duties . not to trouble you with any (f) forraine histories , lawes or customes of this nature , i shall present you onely with some few domestick precedents ; to which the industrious perusers of our records and annalls , may accumulate many more . by the (g) lawes of king edward the confessor , hee who flieth from his lord or fellow souldier for feare of war , or death , in the conduct of the horetock ( or captaine ) in any expedition by sea or land ; let him lose all that is his , and his very life , and the lord may lay hands on the land which he had formerly given to him . and he who shall be slaine in war before his lord , be it in the land , or elsewhere , let his reliefes be pardoned , and his heires enjoy his monie and land without any diminution , and divide it among themselves . by the statutes of 18. h. 6. c. 19.7 . h. 7. c. 1.3 . h. 8. c. 5.2 . e. 6. c. 2.4 . & 5. phil. mary c. 2.3.5 . eliz. c. 15. it is made no lesse then felonie and death for any souldiers , to depart from their captaines , without their license under hand ; for which many souldiers have been condemned & executed , a● you may read in sir edward cookes , 6. rep. f. 27. in the case of souldiers . and before these statutes thomas earle of lancaster was (h) proclaimed a traitor by the whole armie in the .12 . yeare of king edward the second , for departing in discontent from the ar●ie , at the siege of berwick , by meanes whereof it was not taken , and the siege raised . if then deserter● and forsakers onely of their captaines and military service are punishable with death , then much more such cowards and fugitives , who (i) like the children of ephraim , being armed and carrying bowes , turne their backs and flie in the daie of battell ; or refuse to (k) stand in the gap , to make up the breach and repulse the enemie . for presidents of proceedings and judgements against cowardly souldiers , and governous of forts , take these ensuing insteed of many . (l) henry de essex , standard-bearer to the kings of england by right of inheritance , was accused of high treason in the second yeere , of king henrie the second by robert de montford his neere kinsman , & vanquished by him in a duel● at reading , for his cowardlie abandoning and throwing down the standard royall i● northwales in the battel against prince owen amidst the mountaines , & flying when fiercely assaulted by the welsh , wherby the kings armie was endangered to be routed : whereupon though his life was pardoned , yet his lands were seised into the kings hand , and he shor●e and shut up a monke in the abbie of reading , where he died : in the parliament rolls of 1. r. 2. num. 38● 39.40 . i finde this notable record , which i shall transcribe at large . item , whereas it was praied by the comm●ns , that all those who have rendred or lost castles or townes through the verie default of the captaines , might be put to answer it to thi● parliament , and severely punished according ●o their desert , by award of the lords and barronage , to eschew the evill examples which they have given to other● , who are governours of townes and castles , it was commaunded to sir alexander de buxhall constable of the tower of london , that he should cause to come before the lords in parliament at westminster on friday the 27 day of november in the yeere afor●said , sir iohn de gomineys , and william de weston , apprehended and detained in the said tower by the command of our lord the king , because they had lost and rendered such castles and townes to the enemies of our lord the king , to answer thereunto upon the articles which shall be surmised against them for the said cause , on the behalfe of our lord the king . upon which day of friday , the said iohn and william , being brought by the said constable before the lords aforesaid in full parliament , sitting in the white chamber , they were severally arraigned , at the commandement of the said lords , by sir richard lescrop knight , steward of the house of our lord the king , in manner as ensueth . william de weston , you tooke upon you from the most puissant prince , whom god assoyle , sir edward late king of england , grand-father of our lord the king that now is , safely to keepe to him and his heires , kings of england , the castle of outhrewyck , without surrendering it to any one but to the said grand-father or to his said heires , or by command from him or from his said heires ; have you william who are a liege-man of our lord the king , in times of the same our lord the king who now is , true heire to the said grand-father , delivered and surrendered the same to the enemies of our lord the king , without command from him , to the dishonour ( or dammage ) of him and his crown and of the estate of his realme of england , against your allegiance and undertaking aforesaid ? what will you say hereunto ? (m) whereupon the said william said , that he had put his answers in writing , and produced before them a cedule containing many thi●gs comprised within the same , and came and read the said cedule in full parliament . whereupon it was demanded of him by the said steward , if he presented b●fore them this cedule for a finall answer in this behalfe , or not ? and hereupon the said william prayed that this cedule might be redelivered to him , and that he might put in his finall answer ; which cedule for the cause aforesaid was redelivered to him ; and after the said william delivered the said cedule , with an addition put thereunto , in full parliament , for his finall answer in this behalfe , the tenor of which cedule is such as followeth . to the most sage councell of our lord the king , and to the other lords and commons of the parliament , supplicates and sheweth william de weston , that albeit he be accused of this , that he hath maliciously rendered the castle of outhrewyk , of which he had the custody by delivery and assignment of our lord the king ; may it please your sage and just discretion to have the said william excused thereof , for these causes ensuing . first of all , may it please you to remember , how that the said william was lately enformed by a spie , that a great power of the enemies would come upon him to besiege the said castle , with very great and very grieuous ordnances ; whereupon he the said william presently by his attorney and by his letters , required of the said councell , that it would please them to re-enforce the said castle with m●re men , for the defence and safegard thereof , in regard that the garrison of the said castle that then was , were not halfe sufficient in respect of multitude to resist so great a force in so large a place ; but in conclusion , for all this , he could not have any succour from the said councell . and so the said william not at all through his default , was left without people sufficient for to keepe and defend the said castle any long tim● which he beseecheth you to take into your just and benigne consideration . also , please you to know● how upon a munday about one of the clocke the enemy came to be●●eg● the said castle , to the ●umber of about 2600 men of armes , and 700 arblasters genevoyes , and with 5000 of the commonalty of the countrey , having nine great cannons , divers engines , and one * morter-piece , beyond all measure , greater then ever they had seene any before in those marches ; and the same houre , presently a great number o● the men of armes and arblasters aforesaid came before the gates for to assaile the said castle , and at this time a knight of theirs was slain , who was cosin to the lord de clisson as was reported , and many others were likewise then slaine and wrecked ; and within a short time after , they began to discharge and shoot● with their ordnances , and other engines , and so continued their assault from one day to another , that is to say , tuesday , wednesday , thursay ; and then were the walles and houses of the castle battered downe and bruised in many places ; and they had likewise by force trenched the ditches of the said castle , in three places , so as all the water was drained out ; and that night came a great party of them , and by fine force made an assault and abated the baracadoes ; and the next day which was friday , they came about day-breaking with all their forces to assault the said castle , but with gods assistance they were yet repulsed with force from their assault , and of the one part and other there were some slaine● and wounded . and the same day the marshall of burgone , sent to the said william and others of the said castle , to render it . whereupon having consideration , that the said castle could not be kept , as w●ll in regard of the small number of the people , as by reason that the walls in many pl●ces were enfeebled by their marvellous ordnances , there was a treaty with the lords to this end , that the said william and his companions might advise themselv●s against the n●xt morning . and so they departed each to their own . also this same night the enemies caused all their ordnances , engines , morter-piece , and cannons , and fagots , with ●●aling-ladders , galleries , and all other nec●ssaries to be drawn up neere to the very ditch of the aforesaid castle ; and the next day which was saturday , they made all things ready plainely for to assault the place . and then first of all they sent an harold to the said william to know , if the said castle should be rendred to them , or not ? whereupon the said william by advice of the wisest of ●is companions , taking con●iderati●n how that the said place was destroyed and enfeebled with their ordnances , and also that they were too few men for its defence , by reason that 12 of their companions were in this time slaine , wounded , and sicke , so as there remained of all the people of the garrison in health , but onely 38 men to defend the same ; hereupon by common assent the said castl● , which could be kept no longer , was by ●orce surrendred , for to save their lives granted to them● and their go●ds ; and that all th●se things aforesaid are ●rue , the said william puts himselfe upon his proofe , according to your discr●ete ordinances . also it is to be rem●mbred , that when the said c●stle was thus rendered as aforesaid , certaine french people bargained with the said william for his victuals to buy them , tog●ther with c●rtaine prisoners which the said william held imprisoned within the said castle , for which things he received of them for his paiment 1500 frankes : of which he paid to his companions for part of their wages , which was behind unto them for one quarter of a yeare and an halfe 78 frank●s ; likewise , after was paid at caleys for the victuals of the said c●stle before that time du● , 442 frankes ; also for the passages of the said william and of his companions unto england , and lik●wise for the expences of the said william being at calleys 135. frankes . and therefore the said william prayeth , in this regard , your justice and benignity , seeing by envious suggestion he hath against all reason beene accused , whereby his estate and name , by the grievous sin of misinformers , and he also are ruined : having likewise consideration that out of his proper goods , he hath for the greater part paid his companions , their wages which were due unto them as aforesaid , and also for the great costs he hath beene at before this time for to victuall the said castle , ( for which he hath given his obligations in divers places , and oweth great summes , by reason whereof he is on all sides undone● if your just benignity doe not succour him ; ) that you would be pleased for gods sake , and for pity , to ordaine likewise for him , that he may by your discreet noblenesse recover his estate and goods . also the said william weston sheweth , how the first day when the enemies came before arde , that he went in haste to caleys unto the captaine , and desired of him more succour and aid of men for the better guarding of his fort of outhrewyk , and to defend it if the enemies should come thither . and the captaine answered him briefly , that he would not deliver , nor give him aid nor succour at the said time , because he doubted that the said enemies would come before the towne of caleyes . and the said cedule being vi●wed and read in full parliament , immediately after was the said john brought thither by the said steward in the manner following . iohn lord of gomineys , you tooke upon you to the most puissant prince , whom god assoile , sir edward late king of england● grandfather to our lord the king that now is , safely to keepe to him and his heirs , kings of england , the towne and castle of arde , without surrendring the same to any person , except to the said grandfather and his heirs , or by commandment of him or of his heirs ; these have you lord of gomine●s in time of our lord the king that now is , true heire to the said grandfather , delivered and surrendred to the enemies of our lord the king without commandment from him , to the dishonour of him and of his crowne , and of the estate of the realme of england , against your undertaking aforesaid : what will you say thereunto ? whereupon the said iohn answered , that the said towne and castle of arde were so weake , that he could not well keepe them against so great a power of the enemies , which was then ready to affaile the same towne and castle ; and therefore he caused to assemble all the knights , esquires , and others being in the said towne , and informed them of the perils of the said towne , and force of the said enemies , and by common counsell and assent of the said knights , esquires , and others , he issued out to the enemies to treat with them , for to save the lieges of our lord the king , being within the said towne and castle of arde ; without that , that he ever took any thing for to surrender the said towne and castle of arde . upon which one geoffry of argenton knight , said in full parliament to the said iohn , that he the said geoffry was at that time in the said towne in company of the said iohn , and that the towne and castle of arde were never delivered nor surrendred by his counsell nor assent , but that he was alwayes ready to die and live upon the safeguard of the same ; and the said geoffry offered to prove it if any would deny it . and further , it was demanded of the said iohn● if he would say any thing else ? and he said , he would not . whereupon the said constable was charged with the safe custody of the said iohn and william untill the next day , the saturday next ensuing● and to bring them againe safe before the said lords in the said parliament at the place and day aforesaid . at which day of saturday , that is to say , on the twentieth day of november in the yeere aforesaid , it was shewed unto them severally by the said steward on the same day , by the commandment of the lords aforesaid , how upon the answers that the said iohn and william had given in the said parliament , as before is said ; the lords of the said parliament , that is to say , the king of castile and of leon , and duke of lancaster , edmund earle of cambridge , edmund earle of march , richard earle of arundel , thomas earle of warwicke , hugh earle of stafford , william earle of suffolke , william earle of salisbury , henry earle of northumberland , iohn lord nevill , roger lord clifford , and many other lords , barons , and bannerets being in the said parliament , who had assembled and advised together from the time that the said answers were given in parliament the fryday , untill this saturday at three of the clocke , of things touching the answers aforesaid , and came and examined diligently the said answers , and other articles touching those matters ; and taking thereupon good and mature deliberation and due information , of the most valiant and most discreet knights and others ●eing in the said parliament , it was thus said . first of all in manner as followeth to the said william by the steward , reciting the things aforesaid touching the said william ; it seemeth to the lords aforesaid , that you william , who had taken upon you safely to keep the castle of outhrewyk , as before is said , that you william have without any duresse or d●fault of victuals , evilly delivered and surrendred the same to the enemies of our lord the king by your owne default , against all apparent right and reason , and against your allegiance and undertaking aforesaid : and having by due information read the case of the late baron of graystock , who was a lord , and 〈◊〉 of the p●●●s of the real● , who had taken upon him safely to keepe to the aforesaid grandfather the 〈◊〉 of b●rwicke : the said baron perceiving afterward , that the s●id grandfather addressed himselfe to ride into the realme of france , the said baron ( without co●mand of the said grandfather ) committed the said towne of berwicke to a valiant esquire robert de ogle , as lieutenant to the said baron , for to keepe safe the said towne of berwicke to the said grandfather , and the said baron went as 〈…〉 to the said parts of france to the said grandfather● and there remained in his company . during which time , an assault of warre was made upon the said towne of berwicke by the said scots , and the said robert , as lieutenant to the said baron , valiantly defended the s●me ; and at last by such forcible assaults the said towne was taken upon the said robert , and two of the sonnes of the said robert there slaine in the def●nce of the same . notwithstanding , because that the said baron himselfe had taken upon him the safeguard of the said towne to the said grandfather , and depart●d himselfe from thence without co●●●and of the said grandfather , and the said towne of berwick was lost in the absence of the baron , ●e being in the company of the said grandfather in the parts of france , as is aforesaid . it was adjudged , by advice of the said grandfather , the king of castile who is present , the nobles , dukes , and counts whom god ass●ile , henry late duke of lancaster , the late earles of northampton and stafford , and sir walter de manny , that the said towne was lost in default of the said baron ; and for this cause he had judgement of life and member , and that he should forfeit all that he had : and to render this judgement in these words , the said sir walter had a command from the said grandfather ; which things considered , ●●d this also , that you william surrendred the said castle of outhr●wyk to the enemies of our lord the king aforesaid , without any duresse or want of victuals , against your allegiance and undertaking aforesaid , the lords above named sitting here in full parliament , adjudge you to death , and that you shall be drawne and hanged . but because that our lord the king is not yet informed of the manner of this judgement , the execution thereof shall be respited untill the king be informed thereof . whereupon it was commanded to the said constable safely to keepe the said william , untill he had other command from ou● lord the king . and as to the said iohn lord of gomeneys , touching his answers aforesaid , it was shewed unto him by the said steward , how the said lords had assembled and considered of the said answers as afore is said ; and moreover it was shewed to him , how that in the time that sir ralph de ferrers knight , had the custody of the said towne and castle of arde , the said towne of arde was not halfe so strong as it was at the time the said iohn surrendered the same ; and the said ralph had a command from the said grandfather to surrender the same , for the feeblenesse thereof , before that the said ralph would put himselfe into very great perill for the safeguard thereof ; notwithstanding the said ralph valiantly defended and maintained the same against a ●ery great and strong assault of warre . and thereupon , and the things aforesaid , and other evidences touching the answers of the said iohn in this behalfe ; it was said in manner as followeth to the said iohn being in parliament , by the said steward , reciting all things aforesaid touching the foresaid iohn ; and also the forecited judgement of the said baron , and the cause thereof in manner abovesaid , that it seemed to the lords aforena●ed sitting here in parliament , considering your answers in this behalfe , and the examinations and informations had thereupon as before , and having regard also to this , that there wer● lately sent unto you to the said towne and castle of arde , above the number of men with which you had at another time undertaken the safe guarding of the said towne and castle , 20 men of armes , and 20 arch●rs , to enforce the same , according to your reque●● then made to certaine lords late being upon a message at calys on the behalfe of the said grandfather ; and this also , that at that time it was said unto you by the king of castile who is here present , ●h●t if you could not well keep them , you ought in no manner to undertake to keepe the same , and that another should have and keepe them , who would take upon him safely to keepe the same to the said grandfather and his heires aforesaid ; and thereupon you undertooke to keepe th●m safely without surrendring them to any , except in manner as aforesaid ; and now you john without duresse or default of victuals or artillery , or of ether things necessary for the defence of the said towne and castle of arde , without command of our lord the king , have evilly delivered and surrendered the same to the enemies of our lord the king , by your owne default , against all appearanc● of right or reason● and against your undertaking aforesaid ; wherefore the lords aforesaid , here in full parliament adjudge you to death ; and because that you are ● ge●tleman and a baronet , an● have served the said grandfather in his warres , and are no lieg●man of our lord the king , you shall be beheaded , without having other judgement ; and because also that our lord the king is not yet informed of the manner of this judgement , the execution thereof shall be put in resp●●e , untill our lord the king be informed thereof . whereupon the foresaid constable was commanded safely to keepe the said iohn , untill he had other command from our lord the king . and it is to be remembred ; that geoffrey martyn clerke of the crowne made this very record , and delivered it thus written in this present roll , with his owne 〈◊〉 . from this memorable record , i shall onely observe these few particulars . first , that the surrender of townes or castles to the enemy , through cowardi●e or treachery , is properly examinable , and tryable onely in parliament , it being a detriment to the whole kingdome , and so sit to be determined by the represe●tative body of the kingdome . secondly , that the cowardly delivering up of any towne or castle by the governour thereof to the enemy , is a capitall offence , deserving death ; and likewise the losse of it through his neglig●nce or default . thirdly , that every governour who takes upon him the custody of any fort o● towne , is obliged in point of trust and duty , under paine of death , to defend it to the utmost extremity . fourthly , that the concurrent a●s●nt of a councell of warre or souldiers , to render up a towne to the enemy before utmost extremity , for the saving of the house● , lives , and goods of the souldiers or inhabitant● , is no excuse at all to justifie or extenuate such a governours dishonourable surrender and offence . fiftly , that those who are accused of such an unworthy surrender of any town or castl●● ought to be apprehended and kept in saf● c●stody till their trials be past ; and not suffered to goe at large . si●tly , that a governours giving timely notice of the enemies approach , of the weakenesse of the garrison , his suing for timely ayd , and repulsing of the enemy for a season , will no waies excuse his surr●nder of a towne or castle , unlesse he hold it out to the uttermost extremity , or surr●nder it by the consent of those who intrusted him with the custody thereof . seventhly , that the violent battery of the walls , or draining of the dikes of any castle or city , or any breaches made in them by the enemy ( though extraordinary powerfull ) are no sufficient ca●ses or excuses for any governour to surrender them upon composition to the enemy , whiles there is sufficient victuals , men , or amu●ition , to defe●d them ; and that they must in no wise be surr●ndred without consent of those who put in the governour , till the greatest part of the souldiers be sl●ine , the victuals or ammunition quite spent , and all hopes of reliefe dispaired of utterly , upon good grounds , which is cleare by the case of weston , who made a better defence of the castle of outhr●wicke with 38 men onely , against more th●● 800● enemies ( who bes●●ged , ass●ulted , battered it for six daies together , with nine great cannons , and other engynes ) and pleaded farre more in the d●fence of his surrender of it , then many now can doe for surrendering of townes and castles of farre greater importance then this castle was , in a shorter time then he did ; when furnished with ●arisons of many h●ndr●ds , and sufficient victuals and amunition , and that before any battery or assault made against the walls thereof : and yet for all this was weston in full parliament adjudged to death for it , though he sold the vict●●ll and prisoners to the enemy , and payd his souldiers wages , and other debts of the castle with the money . when some of late have surrendered victuals , armes , colours , cannons , prisoners , and all magezines whatsoever to the enemy before they were nece●●●tated or enforced to it , to the kingdome● unspeakeable losse prejudice , and the enemies infinite advantage . in the parliament rol● of 7 r. 2. num. 17. i finde this case in parliament in these terme . item , upon the compla●nt which hath been made to the king , of pierce de cre●●ingham and iohn de spykesworth esquires , concerning this ; that whereas they wer● made in the said voyage ( to wit of the bishop of norwich into flaunders with an army ) captaines and guardians of the castle of drinkham in flaunders , which was gained from the enemies , and after that well and sufficiently stored with victuals and other necessaries , and strong enough to be held against the enemies , that they left and rendered the said castle to the said enemies , receiving of them for this delivery and surrender , by treaties made with the enemies , a sum of gold , and that by covenant made with the kings enemies , without the will and command of our lord the king himselfe or of his lieutenant : for which the said esquires were arrested by command of the king , and after put to their answer in parliament . and the said iohn spikesworth excused himselfe before the king in parliament , in this manner , that he had never the custody of the said castle , nor any thing to doe therewith , ●●ve onely that as ●e was riding into the countrey somewhat neere the said castle of drinkham , to make his best advantage upon the enemy , by force of the said enemies he was there chased to the said castle , then being in the custody of the said pierce de cressing●am ; and soone after he saith , that upon an assault made to the barbican there , by the enemies , he wa● unhappily routed , and one of his varlets slaine in the garrison very neere him , where he remained continually untill the said pierce rendered the same , and otherwise he had never any thing there to doe , neither as a souldier thereof , nor in any other manner whatsoev●r ; praying , that therefore it would please our lord the king to have him well excused . to whom it was answered on the behalfe of the king , that if any man knoweth not to say more against the said iohn , contrary to his said answer now made , that the king will hold him well excused , and wills tha● he shall be disarrested , and suffered to goe at large . and the said piers of cressingham well knowing that he had the guard of the said castle , said , that as soone as the enemies were come before burburgh , in which were the l. beamond , sir william of ellingham , sir thomas tryves , sr●william farrinden , and many other english men , and the towne and castle of burburgh being rendred to the enemy , of all the souldiers which he had with him at drinkham , none would there continu● with him upon the safe guard of the said castle but onely 5 persons in all ; by reason of which great necessity he was forced , in safeguard of his owne person and his people , to make a treaty with the enemies , for to deliver up the said fort , and thereupon he did it , and not for any other cause , nor in any other manner , but onely by constraint of the power of the said enemy as aforesaid . and further he saith , that he never received any thing from the said enemies by way of gift , or in any other manner ; whereupon he conceiveth that no man ought to impute any manner of blame , nor of reproach unto his person . but if it shall be thought that he hath done ill in any manner , he puts himselfe most humbly into the grace of his liegelord . and because that this excuse seemed not at all to be sufficient● ( though a better then many now can make for themselves ) he was committed to prison , there to remaine untill the king our lord had otherwise declared his pleasure concerning him . in the same parliament of 7 r. ● . num. 22. the bishop of norwich generall of the forces sent over into flaunders , having 4 articles exhibited against him in this parliament , touching that expedition , and the surrendering of graveling to the enemy ; to which he had given some former answer , ( see num. 15.17 , 20 , 21. ) upon his second arraignment had this proceding . at which day the said bishop rehearsing the 4 articles surmised against him formerly in parliament , and in presence of the king himselfe , gave the●e his answers , such almost as before , concerning all the things aforesaid ; adjoyning thereunto , that the time when he heard the newes that the vantguard of the host of france was entered the county of flaunders and that thereupon the said siege of ipre was thereby removed , he tooke a resolution to have encountered the vantguard for to have fought with them , which purpose of his he could not performe by reason that the captaines of his host would not a●sent thereunto , but those captaines and others of his h●st contraried him , in so much that of necessity and for doubt of the enemies they ought to depart , and betake themselves to their fortresses ; and thereupon the said● bishop returned to the town of graveling , & the same would he have held out well enough against all men , and did hold out untill the other captaines had rendered their forts to the french ; and after that , untill that s●me english might com● unto him incontinently , although there were well-nigh about 6 or 7 thousand english lying upon the sands neere calyce , who were made to come out of the said forts rendered , to their great mischiefe and prejudice , because they had not wherewith to live , neither could they have entrance into the towne of galeys ; and for as much as the truce made before that time ought to cease within two or three daies then next ensuing , the french had a purpose to run upon them and slay them all , as soon as the said truce was ended , which slaughter if it had beene made , would principally have turned , upon the said bishop , and after on the other captaines , to farre greater villany and mischiefe then any other thing could bring ; the bishop was thereupon required and charged on the behalfe of the king himselfe , that he should render the towne to the enemies , or else demolish it and goe his way to succour the said people , and after that towards england in salvation of himselfe and others of his host , for they said , that if any thing else but good had hapned to the said people , lying on the sands , they would have truely called the said bishop to an account before the king himselfe : whereupon it * behoved him the said bishop to abate and voyd the said towne of gravelynge , as it was lawfull for him to doe at his pleasure , being gained by his proper conqu●st from the enemy . and for this , and for the other reasons formerly alleaged by him , as also because that a letter from our lord the king came to him before , commanding him , that if there were great want of victuals in the said towne , as in verity there was , that then in salvation of himselfe , and of the said people , he should voyd the towne and succour the said people , and after returne into england ; it seemes to him , that he ought to be well ex●used of what ever is surmised against him . * to which the said chancellour replyed and said : master bishop , as to this your last reason , it is true that you had sufficient victuall when this letter came unto you ; and besides this , the king sent your other victuals in great plenty ; and also with it other good letters , containing , how he had appointed his unkle of spaine to come speedily to you for your ayd and succour ; and all this notwithstanding you departed thence , leaving the said towne to the enemies against the forme of your indenture , by the which the king hath given and granted you whatever you might conquer , not at all to render , sell or leave the same to the enemy , but to hold and possesse . and also to that which you have said in your f●●st answer , that by your said voyage truce● had been agreed between the realmes , and happy offers of peace made by the adversaries of france , which you say shall be an introduction to a good and finall peace , which god grant , it containes no truth at all ; for true it is , that the newes spread in the army of france of the comming of our lord the king , and of mounsieur of lancaster , who was at the sea side ready to passe for your succour , was the principall cause of the truce and profers aforesaid , and of the t●eaty to be commenced ; for it is no probable thing at all , nor in any wise agreeable to reason , that you who were with your people chased by force of the enemies out of the field , and afterwards besieged by them within your fortresses , should be the cause of the said treaty by any way . and so as to this , nor yet as to any other of the reasons before alleaged , nor for the rebellion of your captaines or others of your retinue , nor any other defaults which you have or may surmise unto them , ( considering that you had them all of your proper choosing and election , and not at all by the denomination of our lord the king or of his councell , ) you neither can nor ought to be at all excused of the dammages , deceits , villanies , contempts , and the other losses and misprisions surmised to you , nor in especiall of the treaty made with the enemies upon the deliverance of the said fortresses , of which there are certaine indentures made and drawne betweene you and your captaines on the one part , and the enemies of the king on the other part , sealed with their seales , and the seales of the other captains , without the authority or consent of the sayd our lord the king , as before is said . and moreover the said chancellour said in the behalfe of the king , sir bishop , although the king our lord might clearly handle and judge you as a temporall person of his realme , because you have behaved and carried your selfe a● a temporall person ; for you expressely oblieged your selfe to the king our lord by your indentures , to be a souldier of the king , to governe the christian people after the terme of your crossado ended , and you used commonly to have your sword carried before you ; and you did many other such like thing● every day publiquely as a lord temporall , against the common custome of the estate of a prelate of england : notwithstanding , by reason of your estate , the king our lord , of his grace , will forbeare for the present to lay his hands upon your body . but for as much as he is informed , that you your selfe have complained to many lords of the realme , that wrong hath beene lately done you on the last day , affirming by your words , that that which was done passed not at all by assent or knowledge of your peeres of the realme , this is greatly to be marvelled of you , and of these your words , seeing the ill successe toucheth nothing at all your peralty , but onely certaine misprisions which you have made and perpetrated as a souldier of the king , against the forme of your indentures and covenants which you have made with the king our lord , to the great dammage of the king , as before is said , whereof the conisance and punishment of common right and ancient custome of the realm of england , onely a●d totally appertaineth to ou● lord the king , and to no other . and true it is , that you have not at all by this your last answer any whit amended your matter in excuse of your selfe , upon the things surmised against you , but as it seemes have more greatly impaired the same . wherefore by the assent of the earles , barons , and other lords temporall present in this parliament , it is assented and accorded , that you shall be in the mercy of the king● and put to a fine and ransome for your misdoing , according to the quality and quantity thereof . and to doe this yo● shall be compelled and constrained by the seisure of the temporalties of the bishopricke of norwich . and the king commands you , that from henceforth you shall not cause nor suffer any sword to be carried before you , as it hath been done , under the perill which shall follow . and it is expresly accorded in this parliament , that whatsoever hath be●● expended on your use of the said franks of gold , you shall make full payment thereof in the treasury of our lord the king , without delay or difficulty . * upon this judgement the temporalties of this bishop were immediately seised into the kings hands , and detained in them a long time for this his surrender of graveling , a●walsingham , holinshed , grafton , speed , trussel , in their histories , and godwin ( in the life of this bishop ) attest , who had lost his life , had he beene a lay-man , onely for the surrender of burburgh and graveling , which were manfully defended against a great power of the french , till aid was sent for into england , and letters received from the king ; but the aid not comming so speedily as was expected to him , he compounded with the french to rase graveling to the ground , and to depart whether he would with his bag , baggage , and men . and yet for all this he was thus censured in parliament , because he held not ou● the towne to the uttermost , though the enemy gained it not , and himselfe had formerly won it from them . in this very parliament of 7. r. 2. as i read in * walsingham , and in holinshed , speed , grafton , trussell , out of him , newes came from the northerne parts , that the castle of berwicke was taken by the scots , whose custody henry percy earle of northumberland , then possessed by ancient right : the scots , for money , fraudulently getting entrance into the said castle by one who had the custody of it at the second hand , under the earle . hereupon by duke iohns procurement ( as was reported ) the said earle on the fourth of december , for the losse of the said royall castle , by the judgement of the lords and of the king then present in the said parliament , had a sentence of condemnation publikely pronounced against him , notwithstanding that the said earle had beene summoned to the said parliament by the kings writ , and would rather have tarried at home for the defence of his country . but the execution of the said sentence was soone after released by the king , and the earle by his indulgence restored to his life and possessions , which he was adjudged to lose . whereupon he posted into the north , and calling his forces and friends together , strongly besieged the said castle , and in few dayes took it by composition , he giving the besieged their lives , moveables , and two thousand markes to surrender i● . and thus hee was taught to keep his forts more wisely for the future , and to commit the custody of them to more trusty and valiant persons . the lord * wentworth governour of calleys , delivering up that towne to the french , ( after they had taken the castle by force , made a breach in the towne walls , and slaine above fourscore of the garrison at one assault when they tooke the castle , together with sir anthony ager marshall of the towne , and his sonne and heire ) and that upon dishonourable termes , not without some suspition of treachery , he was thereupon endicted in queene maries dayes for his cowardly and treacherous surrender of this town , contrary to his trust ; and after that was arraigned at westminster in the first yeere of queene elizabeth , the marquesse of northampton bei●g his judge , and lord chiefe steward of england for that day . but that noble man so nobly defended himselfe , that hee was acquitted by his peeres , and wan a most honourable opinion for his many and faithfull former ●●rvices , otherwise he had lost his life . anno 27. h. 6. caen being besieged by the french , * the duke of sommerset governour of normandy then in it , being more pitious then hardy , moved with the dolour and love of his wife and children , called a councell of warre , and would have surrendred it to the enemy upon composition : but sir david hall being captaine of the towne under the duke of yorke , owner of the towne by the kings gift , would not consent thereto without the duke of yorkes assent , ( though the duke alleadged he was the kings deputy there , representing his person , and might doe what he pleased , according to his discretion ) it being committed to his immediately trust . to give you some few domesticke examples of the punishment of treacherous surrenders of fo●ts , and penalties inflicted for the same . * anno 1312. being the twelfth yeere of ed. the 2. his reigne , peter spalding , to whom this king had intrusted the towne of berwicke , treacherously sold and betrayed the same of the scots for money . but spalding , after the treason done , had the reward of a traitor ; robert king of scots , to whom he sold and betrayed the towne , putting him to death , to save the king o●england the labour of hanging him for this treason . sir * iohn annesley knight , in the parliament of 50 e. 3. ( commonly stiled , the good parliament ) had accused thomas katrington esquire of treason , for selling and delivering up the castle of s. saviour ( built by the lord iohn chaundos within the isle of constantine ) to the french , for an instimable summe of money , when as he wanted neither meanes of defence , nor victuals : which castle , had it not beene thus traiterously alienated , had descended to the said sir iohn in right of his wife , being next heire to the lord chaundos , offering to make good this accusation , and trie it out by duell ; whereupon the said thomas katrington was then apprehended and imprisoned , but soone after by meanes of the duke of lancast●r and the lord latymer , ( who then did what they pleased ) released , being formerly their instrument and creature in peace and warre , in all just and unjust , in true and false things ; neither could the said sir iohn obtaine the effect of his suit till the parliament of 3. rich. 2. anno 1380. some men affi●ming , that it was against the lawes of the realme for any man of the realme to fight such a duell for such a cause ; many who * feared the like tax and ●ccusation , did most of all hinder this triall : but at last , in this parliament , the ancientest and truth-speaking knights of the realme being assembled , it was resolved , that for a forraigne cause , such as the present was , which arose not within the limits of the kingdome , and for the possession of transmarine things , it was lawfull for any man to fight a duell , if the cause were before certified to the constable and marshall of the realme , and the duell accepted by the parties in their presence . where●pon a day of battell , and lists were appointed them in the court at westminster , where this duell being solemnly fought on the seventh of iune between these two champions , in the presence of the king , nobles , and an infinite multitude of people ; the traiterous esquire wa● vanquished by the knight , to the joy the of common people , and to the griefe of traitors : the esquire , who fainted in the place , died the next morning , to save the hangman a labour , else he should have beene ex●cuted , as the * navarrois was in 7. rich● 2. when vanquished in a like duell before the king and lords in parliament , by iohn walsh esquire , ( whom he falsely accused of treason , done beyond the seas , against the king and kingdome , upon the like occasion ) though the queen and many others interceded to save his life . in the parliament rolls of 7. rich. 2. num . 24. i finde this record . item , sir william de elmham , sir thomas tryvet , sir henry de ferriers , and sir william d● farndon , knights , and robert fitz-ralph esquire , who by the said charge formerly given in parliament , had beene with the chancellour , and acknowledged and confessed to him , how that they had received certaine summes of frankes of gold of the french , in lawfull and due manner , and not otherwise . to which they said , first of all , that is to say , the said sir william of elmham , thomas tryvet , william farndon , in one parcell three thousand frankes of gold . item , in another parcell , &c. item , the said sir william elmham received another parcell of the french for the castle o●burburgh , whereof master william de h●o was then captaine , and for the victuals of the said master william de hoo , being in the said castle of burburgh two thousand frankes , whereof the said william de elmham presently paid , as hee said , one thousand frankes to the said master william de hoo , and the other thousand frankes he promised to pay at a certaine terme to the same master vvilliam de hoo , &c. item , there is another great misprision that some lieges of the king rendered and delivered to the said enemies of the king , castles , fortres●es , victuall , armour , and other refreshment , without speciall comm●nd and authority of the king , or of his lieutenant ; but yet it is far worse to sell or alien to the said enemies any fort ; victuals , armour , or other refreshment , by receiving money or other goods of the said enemies , without authority of the king , or of the same his lieutenant . and sirs you know well and cannot deny , that by certaine covenants made betweene the said french enemies , and you the said sir vvilliam de elmham , thomas tryvet , henry de fertiers , a●d vvilliam de farndon , and others , of which there are certaine indentures made and sealed with your seales ; you lately made a treaty with the said enemies , without the will or authority of the king or of his lieutenant , and by this treaty , and your sale of the said forts , victuals , and armes , you received the said summes of gold ; and by this , and by other your affaires , and rebellions made to your generall , the said host was spoiled and destroyed , to the grievous dammage , villany , and contempt of the king our lord , and very great profit and comfort of the said enemies , for which you are worthy to undergoe reproach and grievous punishment . for you sir vvilliam de elmham , received of the said enemies the said two thousand frankes , for the sale and surrender of the said castle of burburgh , and of the victuals , armes , and other goods therein , then being to a great number and value , without the leave and authority of the king our lord and the consent of the said master vvilliam de hoo captaine of the same , although that the said castle was well able to have held out for a long time against all men . and also you the said vvilliam de elmham , thomas tryvet , and vvilliam de farndon , received to your proper use in common the said three thousand frankes of the gi●t of the said enemies , for your consent and aid to the said treaty made upon the voydance of the english out of that countrey , and the deliverance of the town , of graveling , and of the other fortresses then occupied in those parts , &c. and you the said sir vvilliam farndon are in another very great default , because yo● would not carry backe to the said enemies the five thousand frankes by you left at graveling , against the will and command of the said bishop your chieftaine , &c. and the said sir william de elmham saith , that although he hath so recived the summes a●oresaid , yet it was done for victuals , prisoners , and other goods which he had within the fortresse of burburgh , and elsewhere in those parts , and which with the same fortresse hee rendred by the said treaty , as of fine force he ought to doe for the salvation of himselfe and his people : for otherwise the towne of burburgh , where the lord beaumount , sir thomas tryvet , sir william de elmham , and a great number of the people of their army were besieged , and assaulted by the enemies in very great number , and the towne within set on fire , had beene taken by them by force , and all those within it take● or slaine : and therefore he conceiveth , that in doing this , hee hath done nothing amisse . but notwithstanding , if it appears to the king our lord that he hath done any thing amisse , he puts himselfe upon his noble grace , &c. and the said chancellour in replying to the said sir william de farndon , henry , and robert , saith , &c. and certainly as to this which you sir william de farndon say , that it had been better to cast the said gold into the sea then to have sent it backe to the said enemies ; this is not true , for it had beene better that the enemies had recived their owne gold , then any traitor of the king our lord , and he who shall hereafter sell the fortresses of the king to the enemies , for gold or other their goods , may excuse himselfe in such manner as you would now excuse your selfe . and after these matters thus by the same persons alleadged for their excuse , being considered , and held and adjudged insufficient for their excuse in this behalfe , the said chancellour in behalfe of the king , spake thus , it is accorded in parliament , that you sir william de elmham , thomas tryvet , henry ferriers , william de farndon , and robert fitz rauf , shall make agreement and full paiment to our lord the king of whatsoever you or any of you have so received and taken of the enemies aforesaid ; and further , that all you the said sir william de elmham , thomas , henry , and robert , be committed to prison , and there ransomed at the will of the king , for your misdeeds aforesaid , having due consideration of the quality and quantity of that deed which every one of you hath don● . and that you sir william de farndon , because that you have received of the said enemies divers summes of gold , and have given them horses to their great refreshmen● , for which you had no license of the king nor of his lieutenant , shall be in the mercy of the king , body and goods , to doe with them what he pleaseth . in the parliament of 28 henry 6. rot. 50 , 51 , 52. the commons preferred divers articles of high treason to the king and lords against the * duke of suffolke , a●ong others these ensuing ; that he being ambassadour for the king of england to charles , calling himselfe , french king , promised to reynor king of sicile , and to charles dangers his brother , enemies to the king , the release of angeou , with the deliverance of the county of maine , and the city of mault or mauns ; which promise after his returne he caused to bee performed , to the kings disinheritance and losse irrecoverable , and to the strengthning of his enemies , and feeblishment of the dutchy of normandy . to the which article hee answered , that his commission was , to conclude and doe all things according to his discretion for the obtaining of a peace , and because without delivery of those countries , he perceived the truce could not be obtained , he agreed to the release and deliverance of them . item , the said duke within this your realme , hath untruly counselled you to grant fro you without due consideration the castle of mawlyon de sooll , and full many divers other great lordships , seigh●uries , places , offices , profits , revenues , casualties , and commodities within your said dutchy of guyan , whereby your power there to support your warres and armes , and to pay the wages of your great councellors , captains , and souldiers hath beene so enfeebled , that your people of the same dutchy , neither your land there , might in no wise be defended . item , the said duke of suffolke without deliberation and advise of your counsell , hath caused your highnesse to grant to divers persons , many captaines offices , townes , lordships , places , interesses , profits and revenues within your realme of france and duchie of normandy , to such persons as were not to you profitable , nor able , nor convenient to have or governe any of the premises , nor ever had deserved to obtaine of your grace any such grant ; which hath been done by him for his great availe and lucre , and hath been one of the greatest meanes of the losse of the said realm of france , and dutchey of normandy . * the duke upon these articles was committed to the tower for one moneths space , to pacify the people , and then released by the queenes meanes , who intirely loved him : whereupon the commons were so far from being pacified , that they were more enraged ; openly denouncing , that it was a shame to all the whole realme to see such a person , guilty of so many misdeeds , either to rule about a prince , or to be had in honour , or suffered to goe unpunished ; vpon this the commons rising up in divers places of the realme in companies under captaine blewbeard , the commons in parliament earnestly beseeched the king , that such a person as assented to the release of angeou , and deliverance of france , &c. might be extreamely punished and tormented ; and to be privie to this fact , they accused as principall the said duke of suffolk , with john bishop of sal●bury , sir james fines , lord say , and others . whereupon , the king plainly seeing , that neither glo●●ing would save , nor dissimulation appease the continuall clam●r of the importunate commons against the queenes darling and his complices ; to begin a shore pacification of so long a broile , first , he sequestred the lord say , being treasurer of england , from his office , ( who for the same offence was after committed to the tower , and after that beheaded by jack cade , and the kentish mutineers at the standard in cheape-side , who carried his head about the streetes of london fixed on a p●le , &c. ) and then by his owne authority , assembling all his lords spirituall and temporall together , on the 17 day of march , in a chamber over the cloysters at westminster , hee arraigned and banished the said duke for five yeeres , against the lords and commons consent , who would have capitally proceeded against him ; meaning by this exile , to appease the present furious rage of the people , and that pacified , to recall him to his old estate , as the queenes chiefe friend and counsellour . but fortune would not that hee should so escape ; for when he was shipped in suffolk , intending to be transported into france , he was encountred by a sip of vvar , appertaining to the duke of exceter , of which the constable of the tower of london was captaine , who entring the d●kes ship with small ●ight , brought him to dover rode , and there on the side of a cock-boate cut off his head , as a traytor , and there left his body and head upon the sands . s●●h was the end of these two ill councellors , onely for advising this weake king himselfe thus dishonorably and cowardly to surrender up these townes , forts , and territories in france , to his enemies , to purchase an unhappy peace , to the kings and kindomes i●reparable great dammage , dishonor , weakning , and the enemies extraordinary advantage , strengthning and encouragement . to these i shall subjoyne one presi●ent more , of a different nature , necessary to be knowne and considered of by all captaines and commanders , who defraud souldiers of their wages , or the republiks , to enrich themselves . * in the fifty one yeere of king edward the third , sir iohn minsterworth knight was arraigned of treason at the guild-hall in london , before the lord major and other the kings justices , for that he had received great summes of money of the king to have paid his souldiers withall , and did it not , but kept the said summes of money to his owne use , and then fled to the french king , whereupon he conspired against his naturall prince and sovereigne lord ; of the which treason hee was found guilty ; and therefore had judgement , to be hanged , drawne , and quartered , which was executed accordingly . indeed the statutes of 18. henry 6. c. 18.7 . h. 7. c. 1.3 . h. 8. c. 5 : & . 2. e. 6. c. 2. prescribe a milder penalty , a●fining , imprisonment , cashiering , forfeiting of all goods and chattels , to captaines and commanders , who shall abate their souldiers wages , or defraud them of their pay ; or receive more pay for souldiers then are actually in service under their commandes ( the case some say of too many captaines now in these times , ) but anciently this was , and in rigor of law , still is , no lesse then a capitall offence ; which should make all commanders honest , faithfull in this kinde ; for feare of capitall censures , if conuicted of such an injurious fraudulent crime . i shall close up these ancient lawes and presidents , with some others of very late edition . hi●excellency the earle of essex , lord generall of the parliaments forces , in his lawes and ordinances of war , established , for the better conduct of his army , printed at london september , 1642. hath published ●his law in print concerning the yeeld●ng up of any towne , &c. vvhosoever yeeldeth up any tovvne , fort , magazine victvall , armes , amvnition , or that mentioneth , any such thing bvt upon extremity , and that to the governour , or in councell shall be execvted as a traitor . this law is very punctuall , and penall ; yea so plaine● , that it neede● no explanation ; onely it may be doubted , what may be called extremity . for this i shall referre you , to the forecited cases of vveston , gomeneys , cressingh●m , elmham , and the bishop of norwich : and to that incompaable late martiall prince , the king of sweden , gustavus adolphus , his military lawes , touching the surrender of townes , where hee reduceth extremity to these three heads . first , if the garrison be reduced to an utter extremity of all eatable things whatsoever ( be it skins or hides ; ) so as they have no kinde of foode whereby to subsist , but must necessarily perish by famine , if they yeeld not . secondly , if there be no hope at all left them in such a case , of any succor and reliefe . thirdly , if without parlying at that very instant , both the forts , men , and armes must of necessi●y fall forthwith into the hands and power of the besiegers . if the governour of a towne or fort , can prove by pregnant testimonies , that hee was really reduced to all these extremities , then he is to be acquitted upon his triall ; but if he faile in the reall proofe of any of these three , then hee is to be condemned and executed as a traytor , by this kings martiall lawes . and whether all the townes , castles , forts , late in the parliaments possession , and since by the governours thereof surrendred to the enemies hands by composition , without the parliaments and his excellencies previous consent● or privities , have been first reduced to all , or any of these extremities before they were yeelded up , i referre to their most vigilant , just , and honourable examination , whom it most concernes dilig●ntly to inquire thereinto , for their owne and the whole kingdoms future security : and severely to punish all timorous and treacherous governours , who out of cowardize or avarice , have betrayed their trusts , and in them the parliament and whole kingdome ( as much as in them lay ) as well as the particular townes and forts committed to their custodie . upon this very law and the common law of the realme , * master tomkins and master challenor were lately arraigned , condemned , and executed by martiall law in london ( and some others their confederates , arraigned and condemned , though not executed ) in june and july last , for endeavouring to seize upon the lord major and committee of the militia for london , with some members of the parliament house , and to surprise the tower of london , the cities bulwarks , forts , magazines , gates , and other places of importan●e in the city , and to let in the kings forces to surprize the same : though they brought not this plot to such maturity as to put , or indeavour presently to put it into execution . yea , by colour of the same law , * colonell thomas essex , late governour of bristol , was suddenly apprehended and sent up prisoner to london , by colonell nathaniel fiennes , who succeeded him in the government of that city and the castle thereof ; ( upon some jealousies and presumptions only , that the said colonel essex would have surrendred the said city and castle into the kings ●ands , had his forces come th●re , and that before they were fully fortified ) though he never actually attempted any such surrender . ( the case of sir iohn hotham for hull too . ) and not long after divers citizens of bristol were apprehended , imprisoned , and put to their severall fines and ransomes , and two of them ( namely yeomans and butcher ) arraigned , condemned , and executed by martiall law in the streets of bristol by colonell fiennes , onely for conspiring to deliver up the said city and castle to prince rupert and the kings forces , when they came first before it , though they effected not their designe ; and that before the city or castle were compleatly fortified . and yet ( i know not by what ill fate , or accident ) that noble city and castle ( which even in william rufus his reign was stiled , * castrum fortissimum , a most strong castle ) the metropolis , magazine , chiefe mart and bulwark● of the wester●● parts , of infinite importance to the parliament and kingdome , ( as this colonell himselfe attesteth in his printed * relation , ) after it was strongly ●ortified , victualed for three moneths s●ege or more , furnished with 55 piece of cannon mounted in it , besides murderers , and smaller pieces ; manned with neere two thousand foot souldiers , and 300 horse , or more ; stored with no lesse then 60 barrels of powder in the castle onely when surrendered , ( 10 more then glocester had when it began to be besieged ) besides what was in the forts and city , match sufficient , 500 cannon shot or more , 50 great granadoes ( never one of them used ; ) and furnished with all manner of necessaries for a long brave defence and leaguer : was in lesse then * ●oure daies siege , and the losse only of seven or eight garrison souldiers , with the death wel-nigh of one thousand of the enemies , before any out forts were taken , or the towne or castle-walls battered or assaulted ; ( upon a breach made only in the line of communication , and the entery of a small party of the enemies , not 200 , ( which might at first have beene all easily cut off , into the out-skirts of one corner of the city , ) were most unexpectedly surrendered up to the enemy by the said governour , with all the cannon , armes , ammunition , victuals , magazines , colours , and prisoners therein , ( without the privity or consent of the parliament or his excellency ) to the great astonishment and discouragement of the parliaments party , the inestimable detriment , i●reparable losse of the whole kingdome ; the extraordinary strengthning , enriching , advantage of the enemies , and of the irish and welsh rebels both by land and sea : the narration and articles of which surrender , which i need not particularly relate , with the consequences thereof , i shall here forbeare to mention , since already published in print by colonell fiennes himselfe , in his relation to the house of commons , and l●tter to his excellency : in master clement walker his answer to that relation , the tragedy of the kings armies fidelity since their entering into bristol . the relation of the siege of gloucester , and other printed mercuries ; the rather , because the more full examination of that unhappy action is referred by the commons , upon the said colonels motion , to a publique triall before a generall councell of warre , in such a publique convenient place , ( in london or westminster , as is conceived , where the commons may be present ) as his excellency shall thinke fittest , for such a generall cause of importance , to the whole kingdome . for other particulars formerly touched , his excellency hath published these ensuing lawes . no man shall abandon his colours , or flie away in any battaile , upon paine of death . if a pike-man throw away his pike , or a musketeer his musket , or bandalier , he or they shall be punished with death . whosoever in skirmish shall fling away his powder out of his bandaliers , that he may the sooner come off , shall be put to death . a regiment or company of horse or foot , that chargeth the enemy , and retreats before they come to hand-strokes , shall answer it before a councell of warre ; and if the fault be found in the officers , they shall be banished the campe : if in the souldiers , then every tenth man shall be punished at discr●tion , and the rest serve for pioners and scavengers , till a worthy exploit take off that blot . no captaine of a troope shall present at the master any but reall troopers , such as are bound by their pay to follow the troope upon paine of cashiering without mercy . and if any victualler , feebooter , enterloper or souldier whatsoever , of any other troope or company shall present himselfe or his horse in the muster , to misleade the muster-master , and to betray the service , the same shall be punished with death , no muster-master shall wittingly let any passe in the muster , but such as are really of the troope or company presented , upon paine of death , &c. any officers that shall presume to defraud the souldiers of their pay , or any part of it , shall be cashiered . these few presidents seriously considered , and military lawes duely executed , will be a ready way to make our captaines and souldiers couragious , our officers incorrupt , our governours trusty , our townes and forts secure against our enemies fiercest assaults , and finest underhand devices . i read in * henry huntingdon , that all the souldiers of prince robert , upon the magnanimous oration of the consul of chester , holding up their hands , with a terrible shout abjured flight , and setting presently on the enemy , routed them utterly , and tooke king stephen prisoner . i hope these pages may produce the like effect , and worke this generous resolution in all our commanders , governours , souldiers ; hîc igitur vel vincendum , vel occumbendum , spes fugae nulla . i shall close all with the speech of this consull . necesse est ut ad probitatem confugiat , cui non potest esse aliud diffugium . finis . notes, typically marginal, from the original text notes for div a56157e-300 * lncan . l. 10 de bello civili . * p●al. 89.20 . act. 13 22. notes for div a56157e-840 (a) judge● 7 . 1● 2 , 3● (b) mac. 3.56 . (c) rev. 17.14 . c. 21.7 , 8. esay 51.12 , 13. hen. ranzoui●● de bello . l. 1. c. 11 , 12. (d) lu. 14 s 31. (e) plutarchi a●●ph 71 . 41●pelybius . hist. l. 1. & henricus r●nv●uius commentarius . 〈◊〉 . l. 5. c. 1. lib. 1. c. 12. (f) see petri blesensis epist. 60. the soveragne power of parliaments part 4. p. 34.35 . henricus bocerus l. 1. de bello . c. 13. p. 49.50 . (g) lambard : arch. fol. 135. de here●ochiis . (h) walsingham hist. p. 89. holinsh●d , grafton . stow● speed ; trussel . in 12. r. 2. (i) ps. 78.9 . (k) e●e . 22.30 . (l) dan. p. 18. speed . p. 502. holin● . and stow. an. 2. h. ● . the case of gomeneys and weston . (m) num. 39. * trebuchet . ●re●●●ngham & ●pil●sworth . the bishop of norwich his arraignment and second answer . * see the historie of this treaty and aba●ement of the towne in walsingham . hist. angl. p. 327 , to 330. and in holinshed , speed , graf●on , in 6 r. 2. * num. 27. * see walsing. hist. ang. p. 3●7 to 330. holins . grafton , fabian , stow , speed , martyn , trussel , in 6 rich. 2. * hist. ang. p. 337. * speeds his● . p. 1050. 1156. grafton , holi●shed , how , cambden . * grafton p. 644 , 645. fabian , holinshed , speed , stow , martin , hall , 27 hen. 6. * walsing. hist. ang. p. 88. hect. boetius lib. 14. polyd. vir. l. 18. hard . c. 172. sp●ed p. 674. holinsh. stow , gra●ton , daniel , martyn , in 12 edw. 2. cambd● brit. p. 1817. * walsing. hist. ang. p. 245. to 248●fabian , holinshed , pol. virg. grafton , stow , speed , martyn , trussel● in 3 rich. 2. * note . * walsing. hist. ang. p. 337. see holinshed , grafton , speed , tussel , in 7 r. 2 7. rich. 2. the case of sir william de elmham and others . * see holins● grafto● , speed , hall , martyn , an. 28 h. 6. art. 4● artic● 32. artic. 34. * see halls chronicle 28. h 8. gra●ton . p. 607. to 613. fabian , caxton , holinshead , speed , stow. polidor virgill martin . an. 28. hen. 6. & 28. h. 6. in the parliament rols . num . 50.51.52 . * walsingham● fabian , hole●shed , grafton stow. speed . daniel . martin● in 5● . e. ● . the act fo● souldiers . * see m●ster iohn vicars , his god in the mount . pag. 353. 〈◊〉 363. * see the examinations taken , and letters written by colonell fiennes touching this particular , ●ublished in print . * roger de hoveden . annal. pars . prior p. 461 , * pag. 3.13.14 * how soone had the whole kingdom been conquered had all other cities and forts , of lesse importance , beene yeelded up in so short a space , though worse provided , lesse defensibl● ? * historiarum , ●8 . p. 390 , 391. minors no senators. or a briefe discourse, proving, that infants under the age of 21. yeares, are uncapable, in point of law, of being members of parliament, and that the elections of any such are meere nullities; yea, injurious, prejuditiall, dishonourable to the whole parliament and kingdome, in sundry respects. / written by a common-lawyer (a true lover of his country, and honourer of the parliament) to a friend and client of his, for his private satisfaction, and published for the common-good. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91218 of text r205590 in the english short title catalog (thomason e506_33). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 65 kb of xml-encoded text transcribed from 10 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91218 wing p4008 thomason e506_33 estc r205590 99864930 99864930 117162 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91218) transcribed from: (early english books online ; image set 117162) images scanned from microfilm: (thomason tracts ; 80:e506[33]) minors no senators. or a briefe discourse, proving, that infants under the age of 21. yeares, are uncapable, in point of law, of being members of parliament, and that the elections of any such are meere nullities; yea, injurious, prejuditiall, dishonourable to the whole parliament and kingdome, in sundry respects. / written by a common-lawyer (a true lover of his country, and honourer of the parliament) to a friend and client of his, for his private satisfaction, and published for the common-good. prynne, william, 1600-1669. 16 p. [s.n.], printed at london : anno 1646. singed at end: w.p., i.e. william prynne. annotation on thomason copy: "aprill 20th". reproduction of the original in the british library. eng england and wales. -parliament -rules and practices -early works to 1800. election law -england -early works to 1800. minors -england -early works to 1800. a91218 r205590 (thomason e506_33). civilwar no minors no senators. or a briefe discourse, proving, that infants under the age of 21. yeares, are uncapable, in point of law, of being membe prynne, william 1646 11483 129 0 0 0 0 0 112 f the rate of 112 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 aptara keyed and coded from proquest page images 2007-04 mona logarbo sampled and proofread 2007-04 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion minors no senators . or a briefe discourse , proving , that infants under the age of 21. yeares ▪ are uncapable , in point of law , of being members of parliament , and that the elections of any such are meere nullities ; yea , injurious , prejuditiall , dishonourable to the whole parliament and kingdome , in sundry respects . written by a common-lawyer ( a true lover of his country , and honourer of the parliament ) to a friend and client of his , for his private satisfaction , and published for the common-good . job 12. 12 , 12. with the ancient is wisdom , and in length of days is understanding : with him is wisdome and strength , he hath councell and understanding . galath. 4. 1 , 2. now i say the heire as long as hee is a child differeth nothing from a servant , though he be lord of all , but is under tutors and governours , untill the time appointed of the father . isay 3. 1. 2 , 3 , 4. for behold the lord of hosts doth take away from jerusalem the stay and the staffe , the prudent man , and the ancient ; the honourable man , and the councellor , and the eloquent orator . and i will give children to be their princes , and babes shall rule over them . and the people shall be oppressed every one by another , &c. 1 cor. 13. 11. vvhen i was a child , i spake as a child , i understood as a child , i thought ( or reasoned ) as a child : but when i became a man , i put away childish things . chrysostom , hom. 4. in 1 cor. cap. 1. non ferunt pueri ut de ulla re utili curam gerant ; sape autem cum nos loquamur de rebus necessarijs , eorum quae dicuntur , nihil sentiunt . printed at london , anno 1646. minors , no senators , or a briefe discourse against the election , admission , and permission of any infants under the age of 21. yeares , to be members of parliament . sir ; whereas you have requested me to deliver my opinion in point of law concerning this question now in controversie . whether an infant under the age of one and twenty ye●●es be capable of being a member of parliament ? and whether his election be not meerly voyd in law ? i conceive the finall resolution of this quere , belongs only to the houses of parliament , a the proper iudges of their own respective priviledges , members , and of the legallity or nullity of their election● ; yet notwithstanding since every lawyer , may without breach of priviledge of either house , declare , what hee believes the law to bee in any disputable point that concernes elections or members ; the committee of priviledges in all parliaments , admitting lawyers ( some of the most necessary , usefull , active , able members in a parliament , whatsoever some * ignoramusses have lately scribled , to the contrary , as experience manifests ) to debate all questions concerning elections of members before them , by the rules of law and right reason , and that committee , with the whole house of commons alwayes voting elections good or bad by these very rules , i have adventured without any scruple freely and impartially to deliver my judgement touching the propounded quere , with all humble submission to the parliament , ( the proper judge thereof ) and the opinions of more able lawyers then my selfe . for mine own opinion in this point , i am really perswaded , that infants under the age of twenty one yeares ( which the b law resolves to be their full age , when they come to full discretion ) are altogether uncapable of being members of the commons house , and that the elections of such members are meere nullities in law . the reasons swaying mee to this opinion are various , weighty , and i thinke unanswerable , i shall reduce them to these foure heads . 1. reasons extracted out of the very bowells of the writ it selfe for the electing of knights , citizens , and burgesses . 2. reasons taken from the very nature of the high court of parliament , both as it is the highest court of justice , and greatest councell of the realme ; and from the importance of the publike affaires therein transacted . 3. reasons from the inconveniencies that may arise from admitting infants competent members of this supreame court and councell . 4. reasons from presidents of forraign senates , parliaments , councels appliable to our owne great councell , and one expresse printed authority . first , the writ it selfe for electing knights and burgesses ( which is very ancient approved by all par●iaments , and c unalterable but by parliament , furnisheth me with three arguments against the election of infants , and their incapability of being members of parliament . the first of them is couched in this clause , comprizing the subject matter for which parliaments are summoned to treat and consult about ; to wit d de quibusdam arduis & urgentibus negotijs statum & defensionem regni ang●●a & ecclesiae anglicanae concernentibus . and infants certainly are uncapab●e ( for want of judgment experience wisdome , learning ) to debate , and determine such arduous , urgent , grand affaires , concerning the safety , the defence both of the rea●me and church of england , since in judgment of law , they are uncapable to mannage their owne private estates , as i shall more ful●y prove herea●ter : therefore not capable to be elected members of this supreamest councell of the realme . the 2d . is more transparent , and positively expressed in these ensuing words of the writ , which thus describe the quality of the persons to be elected . e elogi facias duos milites gladijs ●inctos , magis idoneos et discretos , & de qualibet civitate com. praedict. duos cives , & de quolibet burgo duos burgenses de discretioribus et magis sveficientibus eleg● facias . in relation to which clause of the writ the sheriffes , and majors use to make this forme of returne ; virtute ●stius brevis feci cleg● duos milites , magis idoneos et discretos , &c f●ci etiam praeceptum virtute hu●us brevis quod de eodem burg● elegi facerent duos burgenses de discretjor bus et magis svffienti●vs , &c. now i would demand of any rationall man , elector , or member of parliament , whether he believes in his conscience , that in the judgement of common reason , law , the compilers or issuers of this writ for elections , infants , who hav● f not arrived at the yeares of full , of ordinary discretion , and are so indiscreet in judgement of law , that they are uncapable to manage or dispose of their owne private estates , and therefore are in ward to others , can possibly be deemed . the most fit and discreet men to be e●ected knights in any county , or the more discreet and svfficient persons ; that can be culled out to serve as citizens , and burgesses for any city or burrough ? certainly they are so far from being the most discreet persons that the g law [ and gospel to ] resolves , they are within the years of perfect discretion , the most indiscreet of all others , not able to dispose of their own private estates : yea so far from being the most sit persons to be judges , or councellors in this supreame court , that they can neither be stewards , judges , attorneys , nor officers in any court of law or justice ; so far from being the most sufficient men [ to wit for wisdome , skill experience , judgement the sufficiency here intended , that they are the most insufficient of any , nnlesse all the whole county , city , or borough which elected them be fooles , children , or more indiscreet then those very infants they chuse to serve in parliament , as most discreet and sufficient persons . there is yet a third clause in the writ , discribing , what persons must be elected knights , citizens , and burgesses of parliament , even such only , qui plaenam & sufficientem potestatem pro se et commvnitate civitatum & burgorum pradict : ad faciedvm et conse●t i●ndvm his , quae tunc ibidem de communi consilio dicti regni nostri super negotijs ante dictis contigerint , ordinari . ita quod pro defecta potestatis hujusmodi , seu propter improvidam electionem civium ac burgensium pradictorum , dicta n●gocia infecta non remaneant quovismodo , now are wards or infants under the age of 21. years , such persons as these ? have they , or can they have any full and sufficient power for themselves or for the communaltie of the counties citties or burroughs for which they serve , to do and consent to those things concerning the arduous and weighty affaires of the church and state of england which shall be ordained by common consent in parliament ? doubtles not ▪ our common law resolves , h that infants have no full power to do or consent to any thing for themselves . if they levy a fine , acknowledge a statute , or recognisance , which are matters of record , they may avoyd them by a writ of i error , or an audita quarla by the common-law , during their minorities . their feofments , gra●ts , releases are all either void or voidable , as will at their full age as before , and that not only by themselves but their heirs to , by entrie , or a writ of k dum fuit infra aetatem : yea , their assents are meerly void in law , not binding themselves , as our law-books resolve . vpon which very reason m. 11. e. 3. assise : 87. it was resolved , that if one enter upon the freehold of an infant with his assent , this is a disseisin , because an infant cannot consent to an entry . and if he cannot consent fully for himselfe , much lesse for others being unable to be an l attorney or proxy to assent for others in any court of iustice , much more then in a parliament the supreamest court . therefore for defect of such a power , and by reason of such an improvident , election of infant-citizens and burgesses , the affaires of the realme must needs remain altogether , or in a great measure unfinisht , contrary to the purport of the writ of election ; and so in all these respects , such infants elections must needs be meerly void in law . my second sort of reasons shall be drawn from the nature of the high court of parliament it selfe , as it is the supremest court of iustice , the greatest councell of the kingdom , and from the consideration of the great publike affaires therein debated , transacted , resolved , settled . first the high court of parliament is the m most absolute and supreame court of justice in the realme , wherein the judgements proceedings of all other courts , civill ecclesiasticall or marine are examined finally determined , confirmed or revoked , without any further appeale : if then an infant be uncapable of being a judge either of matters of fact or law , in any iuferiour court of justice , much more then in this supreame soveraigne court which control's all others . master lit●leton in his chapter of parceners , sect. 259. and sir edward cooke in his institutes on it ▪ f. 155. 172. 175. resolve . that an infant before the age of 21. cannot be a n bayliffe nor receiver ( for want of skill and ability in intendment of law to make any improvement or profit of lands or goods ) nor yet sworne at all in any inquest as a juror ; the reason is , because , o jurors are judges of all matters of f●ct , which infants have no competent knowledge , experience or judgement in eye of law to determin or judge a right of any matters comming juditially before them , & therefore are not such legales homines , as the venire requires m. 40. & 41. eliz. b. rs. in a case betweene scambler , and walkers , reported in sir edward cookes institutes on littleton , fol. 3. b. it was resolved , that an infant is altogether uncapable of a stewardship of a manner , in possession or reversion , or of any office which concerns the administration or execution of iustice or the kings revenew , or the common wealth , or the interest , benefit or safety of the subject : because the law intends hee wants both skill and judgement juditially to mannage either of them . if then an infant be utterly uncapable of being a judge , officer , or executioner of justice in a court baron , leet , or in any the most inferiour courts , or of being a justice of peace , major , bayliffe , sheriffe , auditor p or but an ordinary attorney , and the like , where the meanest businesses between man and man are transacted ; much more is he uncapable of being a judge , in parliament , the suprem●st court of justice , where the most difficult businesses , the most weightie publike causes are q finally examined , debated , iudged without any further appeale , the very judgments of the greatest , learnedest judges , re-examined , and oft-times reversed ; the very lives , liberties estates of all the subjects , yea the prerogatives , rights , revenues of the crowne it selfe judicially determined , to the kingdomes weale or woe . upon this very ground , in the house of peeres , the king is not bound of right to send forth his writ of summons to any peere , that is under age , neither doth he use to summon such to sit as iudges in that house , though peere , by birth : but when any peere is of all age , then he ought to have a writ of summons ex debito justitiae , ( not before ) as sir edward cook informes us in his 4. institutes fol. 19. and 41. nay , if the king himselfe be an infant , [ as king henry the 3d. rich. the 2d hen. 5. hen. 6. edward 5. & 6. and some others of our kings were ] the r parliament hath in such cases , usually created a l. protector over him , in nature of a guardian , to supply his place in parliament , to give his royall assent to bills ; and execute that royall authority which himselfe by reason of his infancy is unable to discharge ; that of ſ liuy concerning ierom the infant k. of syra●use , who had his protectors ▪ being true , nomen regium penes puerum regem , regimen rerum omnium penes tutores . if then our peeres themselves during their minorities are thus uncapable of being judges in the house of peeres , where they represent their own persons only , and our kings too , in some respects , then much more are other infants uncapable of being members of the house of commons , where they t represent whole counties , cities , burroughs , yea the commons of all england , and vote and judge in their behalfe . secondly , as the parliament is the supreame court , so the u greatest councell of the kingdome . hence it is usually stiled in our ancient writers , ( especially before the conquest ) x concilium sapientum , ore sapientum populi ▪ concilium senatorum , seniorum natu majorum aldermannorum ; &c. and are infants such ? the members of it representing the house of commons , are commonly called , sapientes , sapientissimi viri , senatores , seniores populi , ●rudentissimi viri , authoritate & scientia pollentes : conspic●i clarique viri ; and are infants such ? or can they be stiled such ? if not , then certainly they are no fit members of such a councell , neither were they so reputed informer ages ; why then should they be deemed fit members now ? when greater , weightier businesses of all sorts concerning church and state are imagitation , then in any former age whatsoever , or all our parliaments put together ? nay , why should they bee deemed meete members to sit and vote in this greatest councell of the realme at this time , who are not thought fit persons to bee admitted in any our most inferiour councells [ authorized either by law or custom , ] at any time ? who ever heard or saw an infant elected a common-councell man in any of our cities , corporations , fraternities , guiles ; much lesse a major , alderman , master , or warden , in any of them ? did ever any of our kings make choice of infants for their priv●e councellours of state ? for their councell of warre , law , physicke ? or were ever any such elected to be members of any convocation , synod , councell ? our x present laws , and ancient canons prescribe , that no man shall bee made a minister before the age of 24. yeares ; much lesse then can bee a member of any synod or convocation , before that age : and shall infants then bee capable of being members of the supream councell of parliament before the age of 2● . wherein all acts , canons made in synods , or convocations must be [ x ] ratified before they becom obligatory ? certainly this would be a great solecisme , disparity , absurdity . every senater and member of the greatest councell of the realme ( as z polititians , and others resolve ] ought to be endued with these severall qualifications to discharge that place , which infants commonly want . 1. with deepe solid wisdome , and gravity . 2. sound judgement . 3. grand experience . 4. impartiall justice . 5. inflexible undaunted courage and resolution , not to be overcome with flattery or threats . 6. a prudent foresight to prevent all gro●ing mischiefes . 7. a competent measure of learning and skill , especially in the lawes , constitutions , and histories of his owne and other states , and in state affaires ; now what infant is there to bee found endowed with all these qualities in such an eminent manner as to make him a fitting member for so great so publike a councell as the parliament , to which none are to bee admitted , but such who are qualified in some good measure for it . thirdly , the matters to be debated and transacted in parliament will easily resolve , that they are too ●igh , weightie , difficult for infants to debate , order , as determine aright : as namely ▪ a first , all matters touching the king , his prerogative , crown , revenewes . secondly , all matters concerning the state of the kingdomes of england , and ireland , as well in times of warre as peace . thirdly , all affaires which concerne the defence of the kingdom by sea or land . fourthly , the preservation , reformation of the church government , disciplin of the church of engl. and true religion established therein . fifthly , the enacting of , new laws , with the amendment , or repeale of old ones . sixthly , all matters concerning the courts , officers , and administration of justice . seventhly , all things concerning trade , commerce , the severall arts and professions of all sorts of men . eighthly , crimes , grievances ▪ oppressions of all sorts . ninthly , the liberties , properties , estates , lives , limbes , of all the people . tenthly , the priviledges of this high court , and of the members therof ; alas what infant , ( yea what ancient experienced states man almost ) is sufficient for all these things of moment ? yea , if we look only upon the great arduous ecclesiasticall , civill , millitary affaires , wherein this parliament hath spent above five yeares deliberation and debate , we shall finde them so intricate , difficult , ponderous , dangerous , arduous and transcendent , as i am confident all that know them will conclude , they transcend the capacity of any infants to understand , much more to debate , determine resolve , settle in a ●ight and stable way for our churches , kingdoms future preservation . and shall we make or suffer infants to be members of this greatest councell of the realme to settle , determine such difficult weighty things as these , which their capacities , skill , abilities are unable to comprehend much lesse to resolve , regulate , settle ? verily if we should do this , i feare the whole kingdome and christian world would censure and condemne us ( as children ) for it . finally our b parliaments themselves have in all ages provided and taken speciall care of infants educations , persons , estates enjoyning their gardians , & others , to take the care and custody of them during their minority , and exempting them out of sundry acts in cases of lackes , nonclaime , fines , as persons uncapable to dispose of themselves or their estates yea void of competent wisdome and discretion to manage their owne privat● affaires : a direct parliamentary judgment and resolution in all ages , that they are much more uncapable to order , settle , manage the greatest affaires of the church , state , in the supreamest court and councell of the realme . 3ly . the reasons drawne from the inconveniencies and mischiefs of admitting infants to be members , are many . first , it is of one of the saddest judgments god threatens to his people that he will give them children to be their princes and babes to rule over them isa 3. 4. eccles. 10. 16. and then what followes . the people shall be oppressed every one by another and every one by his neighbour ; the child shal behave himselfe proudly against the ancient , and the base against the honourable ; children are their oppressors , and women rule over them , o my people those that load thee cause the to erre , and destroy the way of thy paths . isay 3. 5. 12. therefore it must needs be mischeivous and an heavy judgment to have children and babes in law , members of our parliaments , which should be a councell of the sagest , discreetest senators , and elders of our realme . 2ly . it is of very dangerous consequence for infants to be admitted members , especially in these times of greatest consultation , action , danger , and reformation . for first , if any one infant may de jure be a member of parliament then by consequence a second , third , & so in infinitum , till the house be filled with such for surety , if one infant be capable of being a member , then another as well as hee : and if an infant of twenty yeares , then of ten , twelve or lesse by like reason since if you once break the rules of law you can set no bounds ▪ to any number , or age of infants , and so by consequence , instead of having concilium sapientum , senatus seniorum , &c. as parliaments were ancient●y stiled ; we shall have parliamentum puororum , senatus infantum , a parliament of children , a senat of babes , if all cities , burgesses , were so childish so foolish , and injurious to the publike in their elections of such , as som [ through the importunity of friends ] have bin . now how dangerous this may prove to the kingdom , let all wise men judge , by the example of king c rehoboams young counsellors , who discontented his people and lost his kingdom . 3ly . admit the commons house should determine , how many infants they would allow to be members , ( perhaps not above five or six to prevent this inconvenience ) yet the mischiefe and danger of admitting so few may prove very great , not only in regard of the illnesse of the president in these signall times of reformation , but of the probable dangerous consequences of it . it was a prudent speech of a blunt burgesle when he was solicited to give his voyce for a young novice ; this is no parliament to enter whelps in , therefore we must think of som graver person . verily there are so many weighty & difficult debates almost every day in the house of matters of highest concernment , wherein the house is oft divided in their votes , that two or three infants misguided voyces , for want of judgment to vote a right , may infinitly prejudice , endanger our three whole churches , kingdomes in a moment , especially , if the wheele of fortune should turne against the parliament by any treachery , or disaster . therefore it is very perilous to admit any infants to sit as members , in such a dangerous over-reaching age as this . 4ly . it is inevitably perillous , and mischeivous ( as d bodin truly informat us ) upon this consideration . that the councell of young men [ especially of infants ] though never so wise , vertuous and discreet , will never be so readily entertained , nor their commands , advices , ordinances , laws , so chearefully submitted to by the people , young or old , as the councells , edicts , votes of grave , wise and ancient men , but be either slighted , vilified or disobeyed : for those ( writes he ) of equall age , will think themselves altogether as wise at they , and those who are ancienter will deeme themselves much wiser then such young councellors of state , and thereupon scorne , contemne , deride their votes , ordinances , resolutions , ( especially when any new lawes or formes of government are to be introduced by them , and the old laid quite aside , as now : ) and in matters of state ( if in any thing in the world ) opinion hath no lesse , and oftentimes more force then the truth it selfe ; neither is there any thing in a commonweale more dangerous , then for subjects to have an ill opinion of their councellers , governours law-makers ; for then how shall they obey them ? and if they obey them not , what issue is to be expected ? surely disobedience , sedition , rebellion , ruine , it behoves therefore our present parliament , if they would prevent this dangerous mischiefe , to expell all infant ( as well as malignant ) members , which may draw a very great disparagment , contempt , or disesteem upon their councels , votes , ordinances , laws , not only in the opinions of royalists and malignants , but of grave , wise well affected persons of eminency and ability , who perchance will tacitly deem it no small disparagement , if not injury and folly for them , to submit their lives , liberties , estates , lawes , and consciences in some measure , to the votes , resolutions , and commands of infants under age , though backed with the most mature suffrages , advices , of many aged , wise and eminent members of greatest integrity and sufficiency . it is a memorable observation of solomon eccles. 10. 1. dead flies cause the oyntment of the apothecary to send forth a stinking savour : so doth a little folly him that it in reputation for wisdome and honour . and no man knowes what an evill savour o● contempt , disobedience , disrespect , the apprehention of a little folly in some infant members may draw upon the whole parliament , [ their ordinances and proceedings , ] though otherwise in great reputation for wisdome and honour . e cicero defined the roman sonate to bee , the oracle of the whole city . and ●liny resolves ; f it is a wicked act to goe against the authority of the senate . it therefore behooves all freeholders , citizens and burgesses of the realme to take speciall care , that they elect not , and the honourable houses that they admit not any unfit members , whose illegall presence or votes therein may derogate in the peoples opinions from their incomparable wisdome , or irresistable authority . fifthly , it is mischievous in this , that as it opens the mouthes of royalists , papists , malignants , sectaries , and the prelaticall party to revile , calumniate , censure , vilifie , not only the new recruits , votes , ordinances , proceedings of the commons house for the present , so if they should get power enough hereafter ( which god forbid ) it may give them occasion to undoe , unvote , repeale , yea nullifie all their acts , ordinances , proceedings for the future ; because some infants [ uncapable by law of being members , or of consenting for themselves or others ) had a vote and concurrence in their passing , whose acts , votes , consents , are either voyd , or voydable by law . certainly when i read the printed act of 39. h. 6. cap. 1. which repeales and makes void the parliament held at coventry the yeare before , and all acts , statutes , and ordinances therein made , upon this very ground among other , that a great part of the knights citizens and burgesses appearing in it , were unduly elected against the course of the kings lawes , and the liberties of the commons of this realme , by the meanes and labours of some seditions persons : and when i consider , that our unconstant persidious king henry the 3d. nulled and avoyded for a time g the great charter of the forrest ( though confirmed in parliament ) upon this pretext , that he was a minor under the age of 21. when he first granted it and in ward , &c. and when i revolve the statutes of 28. h. 8. c. 7. & 1. edw. 6. c. 11. which authorized the heires of the crowne to king henry the 8. and king edw. the 6. even out of parliament to repeale all acts and statutes made and assented to by them in parliament before their age of 24. years , after they came to the age of 24. years : and when i consider upon what other h slight pretences some former parliaments and their acts have bin totally nulled : it makes me tremble and feare , what future ages may attempt against the proceedings of our present parliament [ if the malignant royall party should grow potent ] upon the like pretences , [ especially of undue elections of infants , and others now complained of , ] unlesse the parliament take timely care to redresse them , and severely prohibit , censure all undue underhand practises in new elections , of which we have so many sad complaints in diverse parts . the prevention therefore of this grand future mischiefe , will undoubtedly move them to apply a present remedy to it , for feare of after-claps . fifthly , by the ancient law and custome of parliament , as our i law 〈◊〉 resolve and the statute of 5. r. 2. cap. 4. enacts ; every member of parliament who absents himselfe , or departs from it , without just ex●●●e and license , shall be amerced , and otherwise punished ( by imprisonment and the like ) as oft time hath bin used . but k our law-books all resolve , that an infant cannot be fined , amerced , or imprisoned for any laches , default , absence or negligence , because he is not of full discretion : therefore he cannot be a member of parliament by the expresse resolution of these authorities and this statute ; even for this very mischiefe , because he cannot bee amerced imprisoned or punished , as other members are and ought to be , in case of absence , or undue departure from the parliament . sixthly , admit the forementioned mischiefes should all prove but contingent , and future , yet this one present mischiefe happens by infants elections , that they keep out abler members , and deprive the parliament , kingdome of the assistance , councell , abilities of more discreete , wise , active , experienced . venerable persons then themselves , who by reason of their infancy , and want of experience , are no ways serviceable , active in the house or in committees , where they commonly sit as ciphers , to keep out figures , and men of greater parts and eminency . i have ought times admired at the sotishnesse of people in resigning up their lives , liberties , estates , laws , religion , all , into the hand● of such novices and unconfiding members whom they elect to represent and vote for them in parliament , as themselves would disdain to advise with , or make use of in any other imployment . no man is so foolish as to make choice of a young raw unexperienced unskilfull practitioner to be his pilot , physitian , lawyer , advocate , commander , especially if the voyage , disease , case service , bee dangerous or difficult ; but will resort to the skilfulest pilots , physitians , lawyers , advocates , souldiers , in such cases . and should they not much more do thus in their choyce of members of parliament , especially in these dangerous and tempestuous times , when the ship of our church , state are extreamely indangered by stormes and rockes ; the whole body of our three kingdomes , churches desperately diseased , wounded , lacerated , their case very dubious if not desperate ; and their service so hot , so difficult , that it requires the conduct of the most experienced commanders to bring them off with safety ? certainly if they doe it not , the election of some few unable members and preterition of others of greater abilities in this juncture of time of affaires of highest concernment , may ruin us and our posterities for ever . the consideration therefore of these recited mischiefes should , and will no doubt enduce the parliament , to remove all such infants and illegall members , ( as well as malignants and monopolists ) out of the commons house , or prelates and popish peeres , out of the house of lords . seventhy , it is mischievous even in this regard , that it is an extraordinary dishonour to our whole parliament and nation , to suffer infants to sit as judges , councellors in the supreamest judicature and councell of our three kingdoms , which gives lawes to england , ireland , all the kings dominions except scotland on which it hath a great influence to , by reason of the mutuall brotherly league betweene both nations , ] especially in such a time of reformation , consultation , circumspection , and action as this is . what think you will foraign nations report of our parliament , our nation , if they shall heare of infants , wards , minors sitting yea voting as members as judges among our knights , citizens , burgesses now the greatest matters ever debated in any parliament are in agitation ? will they not say , our kingdome is either voyd of wise experienced senators , that we elect such novices ; or that all our wise ancient men , or our electors are turned children . naturalls in making such a choyce , and our parliament very neglectfull of their owne honour in petmitting such associats to sit among them , in case the kingdome can afford them others of more antiquity ability , and experience ? to prevent therefore this dishonour abroad , and the scoffs of royalists and malignants at home ( who jeare us with these childish infant members , as well as with our independent women-preachers ) i make no doubt but the house of commons will unanimously resolve , their elections void in law , and their electors worthy publike censure , for putting such a dishonour both on our parliament and nation , and enjoyne them hereafter to make better choyces , under paine of forfeiting their right of election . 4ly . for presidents in forraigne states , i could produce many ; i shall instance only in some few of chiefest note , which will beare most sway , and in one domestike printed authority . first , i shall begin with scripture presidents ; the best of any . we read , that when god would have moses to make choice of a parliament , or senate to assist him in the government , he gave him this direction concerning the quality of the persons to be elected to that publike senate . num. 11. 16 and the lord said unto moses gather unto me seventy men of the elders of israell , whom thou knowest to be the elders of the people , and officers over them , &c. and they shall beare the burthen of the people with thee , that thou beare it not alone , which he accordingly performed . v. 24. 25. whence they are stiled , the seventie elders of the people , both in respect of their age and dignity . hence the great councell senate , & sanhadrim of the jews resembling our parliament is stiled : the assembly of the elders : ps. 107. 52. the elders of israel l both in the old and new testament : and oft times the ancients of the people , as isay . 3. 4. jer. 19. 1. in respect of their age and gravity ; none being admitted into their senate , parliament , or councell of state , but ancient men . hence we finde isay . 3. 2. 3. 4. 12. 14. the prudent the ancient man , and the covncellor , coupled together , and that in opposition to children and babes , whose ruling over the people is threatned by god , as the s●arest judgment of any . hence is that expression of the prophet , eze. 7. 26. covncell shall perish from t●e ancient ▪ because none but such were councellors in the jewish state : with that of david , psal. 119. 100. i understand more then the ancients ; and that of iob. ●c . 12. 12. with the ancient is wisdome , and in length of dayes , understanding : hereupon solomons and rehoboams councellors of state , with whom he first advised , what answer to returne unto the people when they came to make him king , are expresly termed m old men ; who gave him very savory councell , had he followed it ; which he forsaking and following the councell of his young courtiers , lost both his peoples affections , and his kingdome too , over ten of the tribes , who set up another king . if then you will follow scripture presidents , no infants under age , or children , but elders , ancients of the people , for yeares , wisdome and experience , ought to be members of our supreame councell especially in such a time as this . the 2. president i shall instance in , is the roman senate , who admitted none into their senate , as members of it , but those who were 24. yeares old at least , as the n marginall authors testifie ; their senators being ●tate graves , spectataeque probita is . the 3d president is the o laced●monian senate , which consisted of 32. ancient men , into which none were admitted unlesse they were above sixtie yeares old . the 4th . the p bythinians , who admitted no man into their senate unlesse he were thirty yeares old at least . the 5th . the q athenians ▪ who permitted none , but those who were fiftie yeares old , to consult of that which should be good & profitable to the commonweal● . the 6th . is that of solon , who forbad any young man to be admitted into the senate , seemed he never so wise ; lycurgus before him having composed the senate of the elder sort . in few words , ſ iohn bodin informes us , that the greeks and latines composed their senate of seniors , or aged men , as being the wisermen , and men of greatest experience . and that not only the greeks and latines have given this prerogative unto the aged , to give councell unto the common weale , but also the aegyptians , persians , and hebrewes , who taught other people well and wisely to govern their estates ; for that by presumption the elders are wiser , of better understanding , of more experience , and fitter to give councell then the younger sort . neither do i finde that ever any forraigne kingdome , state admitted infant members into their senate , parliament , councell , they deeming it altogether injurious and absurd . therefore there is no reason why our parliament and great senat should admit of any such infant members among them . i shall conclude with the opinion and resolution of reverend and learned sir edward cook ( the oldest and best experienced parliament man in this age ) who in his 4. institutes printed by authority of parliament : ch. 1. f. 46. 47. under this title ; who be eligable to be a knight , citizen or burgesse of parliament ? resolves thus , one under the age of 21. years is not eligible , neither can any lord of parliament sit there untill he be of the full age of 21. years . a punctual resolution in direct termes . having thus given you a briefe account of the reasons of mine opinion concerning the question propounded , i shall in the next place returne a short answer to some objections ; and so conclude . the 1. objection is this : that the election of knights , citizens , burgesses , and members of parliament belongs to the freeholders , citizens , burgesses and freemen who elect them ; if they therefore shall make choice of any infants as the fittest or ablest persons to serve for them in parliament , their election must stand good , otherwise they shall be deprived of the liberty and priviledge of a free election . to this i answer , 1. that no freeholders , citizens or burgesses , have any absolute power to elect what members they please , but only such as are most fit able discreet , and such as the laws and statutes of the realme approve . they t cannot elect a sheriffe a minister , a man beyond the seas , a iudge or attendant in the lords house , to be knight of any county , because it is contrary to law , expresse statuts and the vvrit it selfe : and if they make choice of any such , the house may adjudge the election void , and put them to a better election of sitting members . they cannot elect these or peere of the realme , an idiot , a non compos , alien , woman , &c. to be a citizen or burgesse of parliament : and if they do so the election is void , because the persons are uncapable . therefore by the selfesame reason they cannot elect an infant . where a person is uncapable by law , the electors cannot make him capable of being a member . 2ly . the house of commons , not the electors , are the sole judges of the fitnes , the capability of the persons elected and if any counties , cities , burroughs be so indiscreet and injurious to the kingdome as to elect unworthy members , contrary to the writ and their duty , the house may justly cast them out againe , notwithstanding the election , which concludes them not . this the presidents of former parliaments in expeling unworthy & unsitting members , together with the practise of this sitting parliament in ejecting all monopolists , projectors at the first , and all malignant members since , who deserted , or betrayed their trust , abundantly manifests . therefore by the selfesame reason , they may and ought to expell infants the house , as unfitting and illegall members , as well as projectors , monopolists and malignants as unworthy ones . 3ly i dare confideutly affirme , that no cittie , or borough did ever freely of their owne accords make choice of any vvard , or infant to serve in parliament for them ; as the ablest or fittest of any other , to do themselves and the kingdome service in parliament ; or as the sufficientest , ablest and discreetest persons , according as the writ directs them , but meerely through the over-earnest solicitation , threats or over-rulling power of the infants friends , to whom they stood engaged for favours , or durst not offend , least they should turne their foes , not out of meere publike respects , which all electors in justice and prudence should only aime at . therefore it is altogether unreasonable , that the election of infants , grounded meerly on such base privat respects as these , should defraud the parliament and whole kingdome of the choice of abler members ; since u every member elected for any particular borough , when once admitted , votes and serves not only for it , but for the whole kingdome too , to whom those who make unworthy elections for private ends or interests do most apparent wrong which the house hath power to right , else we might have our parliament stuffed with infants , malignants , &c. if people be so foolish to elect them in all places , as they have beene insome . the 2d . objection is this . that some infants under the age of 21. have bin permitted to sit as members in former parliaments : therefore by like reason they may be admitted in this upon our new elections . i answer , first , that no infant ought * de jure to sit in any parliament as i have manifested ; therefore not in this . 2ly . none ever sate in former parliaments of right , but only by connivance , when either the house took no notice of them , or their elections were not questioned ; or if questioned , ( as they have sundry times bin ) & not ejected the busines hath bin comprimised without comming to any solemne debate & resolution in the house . 3ly . the connivance of former parliaments in this kinde is no president to over-rule or bind our present parliament , for these ensuing respects . ● . because there are more weighty , difficult affaires concerning our church , state and three whole kingdoms to be consulted upon debated and settled in this parliament then in any , yea all the parliaments of former ages united . 2ly . because there are greater differences , distractions between the king and parliament , and more labouring to make parties in the house to serve ends [ if possible then in any former age . 3ly . because a greater reformation is now expected , promised , endeavoured in church , state , parliaments then in any preceedent times . 4ly . because the acts , and members of this parliament more concerne the kingdome to be free from all just exceptions , and are likely to bee more narrowly scanned , sifted , both for the present and future times , then the members or proceedings of any former parliaments , and the least just flaw against them may in after ages prove dangerous if not fatall to revoke or shake what ever shall be concluded by them now if not timely prevented . 5. because this parliament is more lasting then any other , and happily may prove diuturnal , if not perpetuall . 6. because both houses have made a more exact purgation of unsitting , unworthy members , in this , then in any parliament in former ages , and therefore in justice ought to displace all unable or unsitting members ( as well infants as any others ) to avoid the just censure of partiality . 7. because more exceptions , cavils are & will be made against undue elections , members now , by malignants , royalists , prelates , then to any members , elections in former ages ; therefore the house should bee more carefull what members they now admit , then they were in former times , when there were no such unhappy divisions betweene the king & parliament as now . the 3d. objection is this : that the infants in the house are not many , and they are led by the votes of wiser and more able members ; therefore the danger is not great . i answer , 1. that if no infant be capable of being a member , then none ought to be admitted , be they many or few . 2ly though they be but few for the present , yet there may be more hereafter elected , there being new endeavours to bring in more . 3ly . one or two in judicious infant members votes in matters of momen● , when the house comes to bee devided , may prove very dangerous . 4. every parliament man ought to vote according to his owne judgment not anothers only , and it is very dangerous for any to vote with such and such persons only in the house , and to make their votes the sole ground of their concurrent ay or no ; is the high way to factions . the 4th . and principall objection is this : that it will be both convenient and expedient that young gentlemen under age of honourable families should be members of parliament during their minority , the better to enable them to serve their country therein , when they come to r●per yeares it being the best schoole of experience to educate , to improve young gentlemen and sit them for publike action : vpon which ground the eldest sons of peeres are admitted to sit in the lords house and heare their debates , to enable them the better to serve the kingdome when they come to be peeres ; and former parliaments have connived at infants being elected members , and at their sitting in the commons house . i answer , 1. that this argument is a meere fallacy if examined : for though most members of parliament , as well old as young may learne much knowledge and experience by sitting there , ( as all judges , or other officers do by sitting in courts of iustice , and execu●ing their places ) yet they learne it not as schollers or auditors in a schoole , but as iudges and councelors of state , in the supreamest court and councell of the kingdome ; to discharge which trust , they must have some competent abilities of wisdome and experience requisite for iudges and councellors of state , ( which infants want ) before they can be admitted members into this highest publike schoole , into which none ought to be elected , but such wise men , who know both times , law , and iudgment : esth. 1. 13. especially in such times as these . 2ly . it is an absurdity , if rightly stated ▪ implying , asserting , that infants may be elected to sit and vote as members in parliament for the present , to enable them to be s●t members in it for the future though unsitting for the present ; when as in truth , none should be chosen to such a place of publike t●ust but those alone who are able and * sit to discharge it at the very instant when they are elected , is any father , schoole-master so inconsiderate or absurd , to send his son or scholler to the university , before he be fit for a grammer-schoole , the better to fit and enable him for the vniversity ? will the king , or parliament , think it just or reasonable to make a puny barrester lord chiefe justice of england for the present , the better to enable him to be a judge or chiefe justice for the future in his riper yeares , though unfit , unable at the time of his parent to be a puny iudge ? will any be so sencelesse , as to create a puny schoole-boy chiefe master of any free-schoole during his minority , the better to abilitate him to discharge that office twenty yeares after , when hee comes to perfect age ? why then should any infants be elected parliament men for the present , before they are actually fit or capable , upon this poore surmise , that it will the better instruct them to be able parliament men in future times ? certainly this is and must be like the corrupt practise of the late prelates , who would first admit men to benefices with cure of soules , which they were unable to discharge for the present and then grant them dispensations to be resident in our vniversities for five or six years space together , of purpose to fit them to execute their cures and discharge their ministry some five or six yeares after their institutions and inductions to their benefices . 3ly . i dare averre , that infants by following their studies close in the vniversity and innes of court during their minorities , will arre better improve themselves to serve their country in parliament in after times when they come to yeares of full discretion , then by spending their time idlely in the house , where they commonly sit like cyphers with out speaking or observing ought that is materiall , which takes them oft from their present studies , and bladders them with selfe-conceits of their owne superlative worth , & abilities . 4ly . admit the objection true , yet the prejudice and dishonour the kingdome , whole parliament shall undergoe by the permission of such unable members , is no wayes recompenced , by that little wisdome or experience which two or three infants may possibly gaine by being members for the present , who happily may never live to serve in future parliaments , or prevatica●e in this . 5ly . the argument drawne from peers eldest sonnes admission into the house of peers , as auditors only , not members , is as strong an argument as possible against the objectors , they being permitted ( like the sons of some of the cheife roman senators of old to come into the senate ) not as peers , members , voters , but auditors or spectators only . therefore the selfesame law and reasons which exclude infants from being members of the house of peers should likewise d●barre them from being members in the commons house , into which if any infants should be admitted out of favour it must be only a● auditors ▪ not members , as infant lords and noble men are admitted into the house of lords ; the rather , because they are no knight● or burgesses by birth as noble men are peeres , but only by undue elections , voyd in law . to close up all ; i hartily wish our honourable parliament to prevent all future sinister , undue elections ( of which we heare so many just complain ● of late , to the shame of those who ●ccasion them ) would caus● this 〈◊〉 statut● concerning elections to be duly executed , 〈◊〉 , the statute of 3. ●●● 1. c. 5. which runs the * and because elections ought to be free , the king commandeth upon great forfeiture , that no great man nor other by force of a●mes or menacing , shall disturb any free election to be made , ●ith this ●●st excellent law concerning the election of justices , & other inferior offic●rs , to be strictly observed in point of parliamentary elections , both in reference to the electors , and persons elected , to wit 12. r. 2. c. 2. it is accorded that the chancellor , treasurer , keeper of the privy-seale , steward of the kings house , the kings chamberlaine , clerk of the rolls , the justices of the one bench and of the other , barons of the eschequer , and all other that shall be called to 〈◊〉 , name or make iustices of peace , sheriffs● escheators , customers , controlers , or any other officer or minister of the king ▪ shall firmly sweare , that they shall not ordaine , nam● or make iustice of peace , sheriffe , &c. for any gift , brocage , favour , affection , nor that none which pursueth by him , or by other privily or openly to be in any manner office , s●all be put in the same office or in any other , but that they make all such officers and ministers of the best and most lawfvll men , and svfficient to their estimation and knowledge . these two lawes alone if revived , and applyed to the elections of knights , citizens and burgesses of parliament , with severe censures on the infringer of them , as they would save that vb●q●itary pertu●●er , of solicitor and stickler at most of our late elections [ mr. hugh peter , ] a great deale of unnessary un●itting paines , solicitation , and abuse of the pulpit , to the peoples great disgust , for his owne private luchre & advaucing the designes of his party , so it would certainly prevent al undue elections of infants and unworthy members , ●ll the house with the ablest , lawfullest * most sufficient men , according to the purport of the writ for elections of knights and burgesses , who ought to be freely chosen by the electors [ g ] si●● prece , 〈◊〉 precio , fine pr●●cepto , without s ●●brocage o●overa●ng commands , without solicitation or supplantation , which now to many practise to their infamy . thus i have given you a briefe accompt of min● opinion touching the propounded question , together with the reasons swaying mee thereunto . if your selfe or others reape any satisfaction from it for the publike good , it is the only fee i expect in this common cause , that concerns not your selfe alone , but the whole kingdome , which suffers more mischiefe , dishonour , prejudice by unworthy elections , then any privat competitors justly greived by them . i shall close up all with that of solomon , eccles. 11. 10. childhood and youth are vanity ; i am sure they are so in our parliaments , where they should have no place , if he divine ●right , who desires to approve himselfe , upon this , and all other good occasions . febr. 12 , 1645. your most affection friend and servant w. p. finis . notes, typically marginal, from the original text notes for div a91218e-370 a cookes 4. institutes , p. 15 to 20. * englands birth-right advertisments for the election of burgesses , confuted by master cooke . b littleton sect. 103. 104. 110. 259. and cookes institutes , ibidem . glanu : l. 7. c. 3 ploudens com : f. 267. see brook's abridment , & fitz. tit. cover●●re , enfant , no●hability . c cookes 4. i●stit . p. 10. 4● 7 h. 4. c. 15. 8. h. 6. c. 7. d cromptons iurisdictions of courts , f. 2. 3. cooks instit on lit. f. 110. his 4th . institute , p. ● . e crompton and cook qu● ( d ) dyer . fol. 60. a●el est intend des ●outs homes queils sont les plus sages et discreet persons deins le realme . f littleton sect. 103. 104. 110. 269. g cooks institut . on littletons . 3. 1 cor. 13. 11. h littleton sect. 259. fitz. abridg. tit. enfant . & brook . tit. coverture . i 21. e. 3. 24. 22. h. 6. 31. ● . 2. r. 3. 1. ● . 20. & 18. ●d . 4. 13. fitz. n. br. f. 21. d. cook 2. rep. 57. 18. e. 3. 29 audita querela 26. 27. 35. k littleton sect. 406. 4●6 . brook dum fuit infra aetatem . l 1. h. 5. 6. fitz. ●●●ant . 3 21. e. 4. 18. m cooke 4. instit. ● . 1. n se 13. e. 3 enfant . 9. 1 e. 2. account 121. 21. e. 3. 8 10. h. 4. 14. 2. h. 4. 13. 26 e. 3. 63. b. 27. e. 3. 77. a. 29. e. 3. 5. a. o cookes instit. on littl. f. ●55 . see kitching 41 ▪ p in h. 5. 6. fitz : enf. 3. 21 ● . 418. br. coverture . 55. q see the soveraigne power of parliaments , part 1 p. 34 39 , 46. sir thomas smith his common wealth of england , l. 2. cap. 1. 2. cooks 4. institut . ● . 1. r see the soveraigne power of parliaments , part 1. p. 50 , 51. part 2. p. 56. 57 , 65 , 67 , 71 ſ rom : hist. l. 24. sect. 4. p. 517. t cookes 4. institut cap. 1. u cookes 4. institut cap. 1. x beda eccl. hist l. 3. c. 5. 12 13 , 14. hen : hunting . hist. l. 3. 5. matth. west . an. 905. wil. malmes : de gest: pont. angl. l. 2. c. 13. houed : p. 427 flor : wigo●niensis . an. 977. antiqu. eccl : bri● . p. 19 20. 59. 60. lam. archaion seldens titles of hon. p. 63● cooks 4. insti. p. 2. spelman concil : p. 182. 183. 219. 293. 300. 301. 334. 335. 375. 387. 390. 408. 419. 424. 494. 510 513. 534. 559. 552. 566. x 19. h. 6. 13. issue 67. 13. eliz. c. 12. ( y ) see truth triumphing over falshood , &c. z bodins common-weale ▪ l. 3. c. 1. cookes 4. institutes , cap. 1. a see cooks 4. instit. c. 1. beam , l. 3 c. 1. sir th. smiths common-wealth of england , l. 2. cap. 1. 2. vowels order and vsage how to keep a parliament . cambd●ns brit. pag. 173. the soveraign power of parliaments and kingdoms b 9. h. 3. c. 20. h. 3. c. 6. 7 52. h. 3. c. 17 3. e. 1. c. 21. 13 e. 1. c. 34. 15. 16. 14. e. 3. c. 13. 18. e. 1. of fines . 1. r. 3. c. 7. 4. h. 7. 124. 21. ian. c , 16. see ashes tables enfant 33. 32. h. 8. e. 2. c 2. chron. 10 note . d common-weale l. 3. p. ●55 . e se●at●● t●tius or●●●lum civitati● de oratore , lib. 2. f nef●s est adversus auctritatum senatus tendere rom. hist. l. 5. g matthew paris , anno 226. p. 324. 325. ●●niells hist. p. 151. 152 h see 15. e. 3. stat. 2. 11. & 21. r. 2. cap. 12. 1. h : c. 2. 3. 4. 31. h. 6. cap. 1. 17. e. 4. cap. 7. i 3. e. 3. 19 cookes 4. institutes , p. 15. ●● 20. 38 , 39. fitz : c●●●n● : 16● , k c. 8. rep : 66 , c. 3. e. 3. fitz : enfant 14. 14. ass 17 43. ass : 45. 17 e. 3. 75. fitz : dammages , 127. imprisonment 8. ●0 , 16 , 17. l deutr. 27. 1 c. 29. 10. c. 31. 9 28. judg. 21. 16. 2 sam. 3. 17. c. 5. 3. c. 17 4. 1 kings . 8. 1. 3. c. 20. 7. 8. c. 21. 11. 2 kings 23. 1. 1 chron. c. 11. 3. c. 15. 25. ●● 21. 16. 2 cron. 34. 29. ezec. 20. 1. 3. iob. 2. 16. mar. 15. 1. math. 16. 11. m 2 chron. 10. 6. & 13. 1 kings 12. n alexander ab alexandrol . 4. c. 10 martinus phileticus in cic. l. 1. ep. fam . 1. o alexander ab alexand. 14 . c. 11 p alexander ab alex. ibid. goodwins roman antiquities l. 3. c. 3 : q bodins comon-weal●● l. 3. c. 1. p. 256. ſ common-weale l. 3. c. 1. p. 255. 256 [ r ] bodin ibid. note . object . 〈◊〉 . t 1. 〈◊〉 , 5 , c. 1. ● . h. 6. c. 7 cookes 4. in●●it . p. 47 u cookes 4. instit. p. 14. object . 2. answer * see cooke 9. rep. f. 49. object . 3. answer . object . 4. answer . * see cookes 8. rep s . 41. b. 42. * alexander abalexand . l. 3. c. 10. * see cooks 2 instit. p. 168 169. note . [ * ] see cooke 8. report . f. 41 42. & 9. rep. 4● . * cookes 4. instit. p. 10. & 2. instit. p. 169 the hypocrites vnmasking, or, a cleare discovery of the grosse hypocrisy of the officers and agitators in the army concerning their pretended forwardnesse and reall syncere desires to relieve ireland ... : by a letter of the agitators to lieutenant generall crumwell, march 30, 1647 : and colonell robert hammmond his unreasonable propositions to the parliaments and some briefe observations concerning sir hardresse waller, and the lord lisle, late governour of ireland. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56175 of text r7456 in the english short title catalog (wing p3984). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 21 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56175 wing p3984 estc r7456 12380155 ocm 12380155 60738 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56175) transcribed from: (early english books online ; image set 60738) images scanned from microfilm: (early english books, 1641-1700 ; 223:2) the hypocrites vnmasking, or, a cleare discovery of the grosse hypocrisy of the officers and agitators in the army concerning their pretended forwardnesse and reall syncere desires to relieve ireland ... : by a letter of the agitators to lieutenant generall crumwell, march 30, 1647 : and colonell robert hammmond his unreasonable propositions to the parliaments and some briefe observations concerning sir hardresse waller, and the lord lisle, late governour of ireland. prynne, william, 1600-1669. sexby, edward, d. 1658. letter of the agitators to lieutenant general cromwell. hammond, robert, 1621-1654. cromwell, oliver, 1599-1658. 8 p. [s.n.], london : 1647. attributed to william prynne. cf. bm. the agitators were e. sexby and others. reproduction of original in harvard university libraries. marginal notes. eng waller, hardress, -sir, 1604?-1666? lisle, george, -sir, d. 1648. hammond, robert, 1621-1654. england and wales. -army. great britain -history -civil war, 1642-1649. a56175 r7456 (wing p3984). civilwar no the hypocrites vnmasking· or a cleare discovery of the grosse hypocrisy of the officers and agitators in the army, concerning their pretende prynne, william 1647 3361 15 0 0 0 0 0 45 d the rate of 45 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2002-03 tcp assigned for keying and markup 2002-05 aptara keyed and coded from proquest page images 2002-06 sara gothard sampled and proofread 2002-06 sara gothard text and markup reviewed and edited 2002-07 pfs batch review (qc) and xml conversion the hypocrites vnmasking ; or a cleare discovery of the grosse hypocrisy of the officers and agitators in the army , concerning their pretended forwardnesse , and reall syncere desires to relieve ireland , with the obstruction whereof they falsely charge some of the 11 impeached members , ( who cordialy advanced it ) in the 6 , 7 , 8 , 9 , 10 , 13. , 11 , 12 , & 14. articles of their mostfalse and scandalous charge . by a letter of the agitators to lieutenant generall crumwell , march 30. 1647 : and colonell robert hammond his unreasonable propositions to the parliament ; and some briefe observations concerning sir hardresse waller , and the lord lisle ; late governour of ireland . isay 9. 16. 17. for the leaders of this people cause them to erre : and those that are led of them are swallowed up : for every one is an hypocrite , and an evill doer , and every mouth speaketh villany . london , printed anno dom. 1647. a letter of the agitators to leiutenant generall cromvvell . may it please your honour . we , who have [ for these two yeares past and more ] bin by your 1 honour conducted through many dangers , and by providence have been hitherto protected ; who have often seen the devouring sword of a raging enemy drawn forth against us threatning destruction to us , and now see them vanquisht , and our selves seemingly setled in peace and safety , are not unsensible of a more dangerous storm hanging over our heads then ever the malice of our open enemies could have contrived , or their furie caused to fall upon us , which unless diverted , strikes not only at our libertie , but also at our lives : to whom ( next to our maker ) shall we fly for shelter but to 2 your honour , our patron and protector ? from what secondary meanes shall we expect our deliverance , but from that hand that hath been so often ingaged with us ? and from that heart that hath often bin so tender over us , and carefull for our securities ? can we suffer , and , you not sympathize ? can we be proclaimed rebels , and your honour remain secure ? ah dear sir , let your wonted care for us be further demonstrated : cease not to speak for us who together with your selfe , and in obedience to your commands have adventured all that is deare to us for the kingdomes safety : hath any thing bin desired by , that hath bin promised us , or then we have just cause to expect ? if there hath , then let it and the authors thereof perish . but can the parliament upon mis-information passe us for enemies , and we not therein perceive the designes of our enemies ? can we be satisfied with a complement , when our fellow souldiers suffer at every 3 assi●e for acts meerely relating to the war it is not our lives we seeke for : where shall we be * secured whom the meere envy of a malitious person is sufficient to destroy us ? were our enemies in the field with their swords in their hands , we should expect no more then a bare command , and a divine protection in our indeavours to free our selves : but it is another and a farre worse enemy we have to deale with , who like foxes lurke in their dens , and cannot be dealt with though discovered , being protected by those who are intrusted with the 4 government of the kingdome . it is the greife of our hearts that wee cannot desire our own security without the hazard of your excellencie if but in speaking in our behalf . when shall we see iustice dispensed without partiality , or when shall the publique weale be singly sought after and endeavoured ? can this irish expedition be any thing else but a designe to ruine and 5 break this army in peeces ? certainly reason tells us , it can be nothing else , otherwise why are not those who have been made instruments in our countries deliverance , again thought 6 worthy to be imployed ? or why , are such [ who for their miscarriage have been cast out of the army ] thought fit to be intrusted , and those members of the army incouraged and preferred to that service , when they are for the most part such , as ( had they considered their just demerrits ) might rather have expected an 7 ejection then imployment ? we are sensible , yea , 8 farre more sensible of the bleeding condition of ireland crying aloud for a brotherly assistance , then those forward undertakers in this present designe manifest them selves to bee , and shall willingly contribute the utmost of our abilities toward their releife , when we shall see this to be the onely thing sought after and endeavoured : but we are confident that you cannot but perceive , that this plot is but a meere cloak for some who have lately tasted of soveraignty , and being lifted beyond the ordinary spheare of servants 9 seek to become masters & degenerate into tyrants . we are earnest therefore with your honour to use your utmost endeavours that before any other or further propositions be sent to us , our expectations may be satisfied ; which if they are not , we conceive our selves and our friends as bad as destroyed , being exposed to the mercilesse cruelties of our malitious enemies . and shall your honour , or any other faithfull servant to the state , be appointed for the service of ireland , and accept of that imployment , we * must of necessity ( contrary to our desires ) shew our selves averse to that service , untill our just desires be granted , the just rights and liberties of the subjects of england vindicated , and maintained : and then , ( as god and our owne consciences beare us witnesse ) shall we test●fie to the kingdome the * integrity of our hearts to the service of ireland , and our forward actions shall demonstrate the sincerity of our expressions , in reference to that imployment . once more , we are earnest with your honour for your assistance ; without it we are like to be wholly ruined , and having obtained it , may be inabled [ as in duty we are bound ] to expresse our selves . your 1 honours and the 2 kingdomes most faithfull and obedient servants , whose names are here annext , as agitating in behalfe of their severall regiments . * agents for the generalls regiment . tho. moore edward sexby for the lieutenant generalls regiment . samuell whiting william allin . for the commissary generalls regiment . anthony nixson tho. sheppard . for col. fleetwoods regiment . william iones iohn cusby . for col. sheffeilds regiment . henry gethings edw. starre for col. whalleys regiment . tho. lindoll iohn thomas for col. butlers regiment . tobias box iohn willoughby for col. riches regiment . nichol . lockyer ioseph foster for our honoured commander , leiutenant * generall crumwell these . 30. aprilis 1647. propositions of colonell robert hamond concerning the present service of dvblin . 1. that the time of his imployment , and those of this army going with him , in this service , 1 exceed not two , or three monethes at the farthest . 2. to have the 2 proportion of money in hand for the pay of the said forces for the said terme , and that their pay be made good by the parliament for what further time their returne and landing againe in england , shall by casuality of weather , or any other unavoydable necessity , be protracted beyond that time . 3. that good shipping , well victualled , both for souldiers and marriners , with sufficient convoy , be provided and appointed for the transportation of the said forces to dublin ; which shipping and convoy to 3 be commanded to observe his directions in order to that service , and not to depart untill he dismisse them . 4. that the said forces going over with him , be not obliged to * any other service whatsoever , more then the possessing and defending of dublin . 5. that there be imbarqued with them victuall for * six moneths after their comming thither , for their supply , in case they should be so besieged , that it should not be possible for them to returne for england , at the time appointed . 6. that sufficient shipping of warre , convenient for that service , lye in the river of dublin to serve upon al occasions , and to preserve an interc●urse betwee●e the towne and releife by sea in case the enemy [ being potent ] should besiege the towne : which shipping to be commanded to observe what orders or directions they shall receive from him in order to that service during his sayd continuance there . 7. that shipping be ready in the harbour of dublin victualled at the parliaments charge with sufficient convoy , * fourteene dayes before the expiration of the said terme , to transport the said forces back againe for england , which shipping to be commanded to observe his orders or directions in order to that service , untill he be landed in england ; and that in case releife doe not come for him and the forces of sir thomas fairefax his army with him , within fourteene dayes before the end of the said terme , that [ whatsoever otherwise shall happen ] it shall be lawfull for him and them to take shipping * seven dayes before the expiration of the sayd time and to returne for england . that a good ingineere , 1 gunners , matrosses , with pay for them , convenient amunition and provisions of warre with materials to worke , as spades , shovels , mattocks and the like , may be ready to goe with them . that at chester there may be 2 fourteene dayes pay ready for the said forces at their returne put into the hands of such as he shall name , to cary them from thence to their owne homes , in case the army , wherof they are members be disbanded . that in all other things , they shall enjoy a like priviledge in point of arreare or otherwise , with the army * whereof they are members if disbanded that the said * colonell hamond may have the command of the said garrison of dublin and of all the forces in it , during the said term , or until he and the forces going with him be releived ; and also that a good proportion of money be provided for the contingent occasion that may happen , for the better carrying on of this worke , to be trusted in the hands of some , whom the parliament shall appoint● , and to be issued out , as colonel hamond shall order . which last proposition ( as also some parts of the former ) he would not have made , but that he doubts and * findes , he shall not be able to get any considerable number with him to answer this service , vnles they be so satisfied in the point of command during their stay . nevertheles , if that , or any of the other propositions be thought unfit [ to manifest the * reality of his intentions for the advancement of this service , in case it could be no otherwise supplyed ] he is willing himselfe , with as many others as he can perswade , to goe over for that space , upon what termes the parliament shall thinke fit , but he * doubts , that upon other termes then these , the number would not be considerable . * sir hardress waller , a colonell in this army , one of the councel of war there : a great stickler against the accused members , hath so litle zeale to ireland , and so large a conscience [ though he disdaines the thoughts of being mercinary ] as to continue with this mutinous army instead of repairing into ireland , where he hath a plurallity of offices of very great trust and profit : being major generall of the army there , governour of cork and colonell of 2. or 3. regiments , and captain of one troop of horse at once : receiving no lesse then 5079. 17. 6 4. d. this last yeare from the houses for his pay and raysing forces for ireland , which lay many moneths upon the western parts , and spent as much in free quarter as would have raysed fiue times more men , who yet were never transported thither to doe service there , till the country rose up in armes against them and some of the accused members sent some of them over . the lord lisle [ a great independent and friend of the armies ] who in the 14. article against the members , accuseth sir io●…clotworthy , mr. holles , and sir philip stapleton , for calling him back from the government of ireland , of which he was made lord president for one yeare ; did during that whole yeare space , except two moneths in the winter ; continue constantly in england , without doing any service at all in the field ; yet received his full pay of 10. l. a day [ or more ] for all the time he resided here in london ( being near ten moneths space ) as well as for the time he was in ireland : during which yeare , he and his agents received from the state no lesse then 236000. l. in money and provisions for the service of ireland ; and put the kingdome to neare as much charge in quartering of souldiers raised and designed for ireland , which lay some 8. 9. 10. 11. and 12. moneths upon the country on free-quarter , or more , and yet were not transported during his time ; which money and forces if well imployed , might have reduced ireland ere this : and to recompence this disservice , his interest in the officers and souldiers of the army at this time , hath obstructed the reliefe of ireland , of purpose to gaine a new commssion for himselfe to be governor there ; rather to promote his owne ends , and the independents interests and designes , then the welfare of that bleeding kingdome , which hath already suffered too much by his service , ( bought at an over deare rate ) as will appeare by his accompt● when they come to be examined . by all which ( and the late treacherous ingaging of col. birch his forces to joyne with sir tho. fairfax and the army against the parliament , when they were to be shipped for ireland , by letters and sollicitations from the army , and to returne to hereford ) let the world judge of the armies & independents most derestable hypocrisie , dissimulation and feigned intentions to relieve ireland , whose releife they have most wilfully obstructed , and how false their charge against those worthy members of the house , for obstructing its releife , is , even for their most cordiall and reall endeavours to accelerate and promote it , all they could . finis : notes, typically marginal, from the original text notes for div a56175e-230 1 sir thomas fairfax ( it seemes ) was & is but a cy ; pher with you : crumwell , only your conductor , and generall . 2 this disc●vers , who is supreame head of the mutinous faction in the army 3 a more untruth , never cleared by any one reall instance ; * the ordinance for indempnity hath prevented this danger . 4 the xi impeached members , who now can neither protect themselves ( though innocent ) nor others against these agitators and the armies rage , and violence . 5 what need they continue entire to oppress the kingdome withtheir pay and frequarter , now the wars are ended . 6 so they were : as major gen. skipp●n , massy . 7 because not of the present faction & confedracy which they long have ●●nce in conscience deserted 8 your comm-dictory actions and present rebellious proc●edings , obstructive and destructive to ireland , proclaime this anotable untruth . 9 this is mosttrue of the agitators and officers in the army , who now exalt themselves above king and parliament , & give lawes to both . * this is their reall forwardnesse to relieve ireland . * you should say hypochrisy . 1 his in the first p●ace , and a truth as to him . 2 this your present rebellion and disobedience to the parliament proves a falshood , in relation to the kingdome . * traitrous mutineers by law martiall , and the common law of the land . * though no present officer in , or member of the army ; yet , now chiefe president in the councell there , and is appointed a commssioner for the army to treat with the house , of which he is an actuall member ; as in contradistinction to the house . a strange mystery of iniquity . notes for div a56175e-1390 1 why so ? but only to carry on the designes now on foot here in the army . 2 yet these gentlemen are not mercenary and scorne and neglect their pay in respect of justice and higher ends . 3 this gent. would be supreame commander both by sea and lande * their de●●g● therein was to posse● themselves of dublin , not to relieye ireland . this seemes unreasonable when they would stay there but 2. or 3 moneths at furthest . * he would be both lord generall and lord admiral at once , and command both by land and sea . * a very reasonable motion to waite so long upon his worship before hand , at so great expences , only for a moneths continuance ( not service ) in dublin . * a very iust demand to receive full pay beforehand for the whole time and yet to returne without orders 7. dayes before the time . 1 what need such extraordinary provision for 2 moneths service only when monies were so scarce . 2 a very just 〈◊〉 for scarse 2 moneths stay in dublin . * they knew the army would not disband , & therefore would continue members of it , and returne from ireland to ioyne in their present designes * to gaine all into the armies power both in irel. & engl. to carry on their present designes the better . * pay before hand for all the time ; 14 days pay at the return ; and yet such a good proportion of money besides : is a very unreasonable demand of unmercinary men for a months service only * therefore neither he nor his friends in the army ever realy intended irelands releif , but their own private interest and lucre * he meanes hypocrsy : elswhy such articles or such a conclusion as this . * which puts al out of doubt , that the army never cordially intended irel● . releif , but only jugled with the parliament therein . mr. prynnes demand of his liberty to the generall, decemb. 26. 1648 with his answer thereto; and his declaration and protestation thereupon. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91172 of text r35131 in the english short title catalog (thomason 669.f.13[63]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 9 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91172 wing p3940 thomason 669.f.13[63] estc r35131 99872400 99872400 162959 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91172) transcribed from: (early english books online ; image set 162959) images scanned from microfilm: (thomason tracts ; 246:669f13[63]) mr. prynnes demand of his liberty to the generall, decemb. 26. 1648 with his answer thereto; and his declaration and protestation thereupon. prynne, william, 1600-1669. fairfax, thomas fairfax, baron, 1612-1671. 1 sheet ([1] p.) s.n., [london : 1648] dated and signed at end: decemb. 26. 1648. william prynne. the generall = thomas fairfax, baron fairfax. place of publication from wing. variant; includes a quote from 'revel. 2. 10' ending with the phrase "crown of life" between date and signature at end. reproductions of the originals in the harvard university library (early english books) and in the british library (thomason tracts). eng prynne, william, 1600-1669 -early works to 1800. detention of persons -england -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a91172 r35131 (thomason 669.f.13[63]). civilwar no mr. prynnes demand of his liberty to the generall, decemb. 26. 1648. with his answer thereto; and his declaration and protestation thereupon prynne, william 1648 1420 1 0 0 0 0 0 7 b the rate of 7 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2007-07 tcp assigned for keying and markup 2007-08 apex covantage keyed and coded from proquest page images 2009-01 emma (leeson) huber sampled and proofread 2009-01 emma (leeson) huber text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion mr. prynnes demand of his liberty to the generall , decemb. 26. 1648. with his answer thereto ; and his declaration and protestation thereupon : for the honourable lord fairfax , generall of the present army . these are to acquaint your lordship ; that i being a member of the commons house of parliament , a freeman of england a great sufferer for , and an assertor of the subjects liberties against all regall and prelaticall tyranny , and no way subject to your owne , your councell of warres , or officers military power or jurisdiction , going to the house to discharge my duty on the sixt of this instant december , was on the staires next the commons house doore , forcibly kept back from entring the house , seized on , and carried away thence , ( without anie pretext of lawfull authoritie or cause assigned ) by col. pride and other officers and souldiers of the armie under your command . and notwithstanding the houses demand of my enlargement both by their serjeant and otherwise , ever since unjustly detained under your marshalls custodie , and tossed from place to place , contrarie to the known priviledges of parliament , the libertie of the subject , and fundamentall lawes of the land , which you are engaged to maintain against a●● violation . and therefore do hereby demand from your lordship my present enlargement , and just libertie , with your answer hereunto . from the kings head in the strand , december 26 1648. william prynne ; this was delivered to the generalls owne hands at his house in queenestreet , about three of the clock , the same day it beares date ; by doctor bastwicke , who returned this answer by him , upon the reading thereof : that he knew not but mr. prynne was already released , and that hee would send to his officers to know what they had against him . who it seemes act all things without his privity , and steer all the armies present counsells and designes , according to their absolute wills . the publick declaration , and protestation of william prynne of lincolnes inne esquire , against his present restraint : and the present destructive councells , and iesuitical proceedings , of the generall , officers and army . i william prynne , a member of the house of commons and freeman of england ; who have formerly suffered 8. yeares imprisonment ( four of them close , three in exile ) three pillories , the losse of my eares , calling , estate , for the vindicating of the subjects just rights and liberties against the arbitrary tiranny and iniustice of king and prelates , and defence of the protestant religion here established ; spent most of my strength and studyes in asserting the peoples iust freedome , and the power and priviledges of parliament , against all opposers , and never received one farthing ( by way of dammages , gift , or recompence ) or the smallest benefit or preferment whatsoever , for all my sufferings , and publike services , doe here solemnly declare , before the most just and righteous god of heaven and earth , ( the searcher of all hearts ) the whole kingdome , english nation , and the world , that having according to the best of my skil and judgment , faithfully discharged my trust and duty in the commons house , upon reall grounds of religion , conscience , justice , law , prudence and right reason , for the speedy and effectuall settlement of the peace and safety of our three distracted , bleeding dying kingdoms , on munday , the 4th . of december , i was on wednesday morning following ( the sixt of this instant ) going to the house to dischage my duty , on the parliament staires next the commons doore , forcibly seized upon by col. pride , sir hardresse waller , and other officers of the army ( who had then beset the house with strong guards and whole regiments of horse and foot ) haled violently thence into the queens court , notwithstanding my protestation of breach of priviledge , both as a member and a freeman , by a mere usurped tirannicall power , without any lawfull authority , or cause assigned ; and there forcably detained prisoner ( with other members there restrained by them ) notwithstanding the houses double demand of my present enlargement to attend its service , by the sergeant , and that night [ contrary to faith and promise ] carried prisoner to hell , and there shut up all night , ( with 40 other members ) without any lodging or other accommodations , contrary to the known priviledges of parliament , the fundamentall lawes of the realme , and liberty of the subiect ; which both houses , the three kingdomes , the generall with all officers and souldiers of the army , are by solemn covenant and duty obliged inviolably to maintaine . since which i have , without any lawfvll power or authority , been removed and kept prisoner in severall places , put to great expences , debarred the liberty of my person , calling ; and denyed that hereditary freedome , which being to me of right , both as an freeman , a member , an eminent sufferer for the publike , and a christian , by these who have not the least shaddow of authority or justice to restraine me , and never yet objected the least cause of this my unjust restraint : i do therefore hereby publiquely protest against all these their proceedings , as the highest usurpation of an arbitrar i and tyrannicall power , the greatest breach of faith , trust , covenant , priviledges of parliament , and most dangerous encroachment on the subiects liberties , and lawes of the land , ever practised in this kingdome by any king or tyrant , especially by pretended saints , who hold forth nothing but iustice , righteousnesse , liberty of conscience , and publike freedome in all their remonstrance ; whiles they are tryumphantly trampling them all under their armed iron feet . and do further hereby appeal to , & summon them , before all the tribunalls & powers in heaven and earth for exemplary iustice against them , who cry out so much for it against othes , lesse tyrannicall , oppressive , uniust , and fedifragus to god and men , then themselves : and doe moreover remonstrate , that all their present exorbitant actings against the king , parliament , present government , & their new-modled representative , are nothing else but the designs and projects of iesuits , popish priests , & recusants , [ who beare chiefe sway in their councels ] to destroy and subvert our religion , lawes , liberties , government , maiestracy , ministry , the present and all future parliaments , the king , his posterity , and our three kingdomes , the generall , yee officers , and army themselves , and that with speedy and inevitable certainty ; to betray them all to our forraigne popish enemies ; and give a just ocasion to the prince and duke , now in the papists power , to alter their religion , & engage them , and al foraign princes and estates to exert all their power to suppresse and extirpate the protestant religion and posessors of it through all the world , which these unchristian , scandalous , treacherous , rebellious , tyrannicall , jesuiticall , disloyal , bloody present counsels and exorbitances of this army of saints , so much pretending to piety and iustice have so deepely wounded , scandalized , and rendred detestable to all pious , carnall and morall men of all conditions . all which i am , and shall alwayes be ready to make good before god , angels , men , and our whole three kingdoms in a free and full parliament , upon all just occasions ; and seal the truth of it with the last drop of my dearest blood . in witnesse whereof , i have hereunto subscribed my name : at the signe of the kings head in the strand : decemb. 26. 1648. william prynne . a short, legal, medicinal, useful, safe, easie prescription to recover our kingdom, church, nation from their present dangerous, distractive, destructive confusion and worse than bedlam madnesse seriously recommended to all english freemen who desire peace, safety, liberty, settlement. by william prynne, esq; a bencher of lincolns-inne. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56207 of text r219708 in the english short title catalog (wing p4080a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 22 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56207 wing p4080a estc r219708 99831160 99831160 35623 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56207) transcribed from: (early english books online ; image set 35623) images scanned from microfilm: (early english books, 1641-1700 ; 2095:15) a short, legal, medicinal, useful, safe, easie prescription to recover our kingdom, church, nation from their present dangerous, distractive, destructive confusion and worse than bedlam madnesse seriously recommended to all english freemen who desire peace, safety, liberty, settlement. by william prynne, esq; a bencher of lincolns-inne. prynne, william, 1600-1669. [8] p. [s.n.], london : printed in the year of general monck's invasion, 1659. caption title on p. 3 reads: a short, legal, medicinal, useful, safe, easy, prescription, &c. signatures: a⁴. copy imperfect; leaves mutilated at head with loss of pagination. reproduction of the original in the bodleian library, oxford. eng catholic church -controversial literature -early works to 1800. religion and politics -england -early works to 1800. great britain -history -puritan revolution, 1642-1660 -early works to 1800. a56207 r219708 (wing p4080a). civilwar no a short, legal, medicinal, useful, safe, easie prescription to recover our kingdom, church, nation from their present dangerous, distractive prynne, william 1659 3715 122 0 0 0 0 0 328 f the rate of 328 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2002-04 tcp assigned for keying and markup 2002-04 apex covantage keyed and coded from proquest page images 2002-05 tcp staff (michigan) sampled and proofread 2002-05 john latta text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion a short , legal , medicinal , useful , safe , easie prescription to recover our kingdom , church , nation from their present dangerous , distractive , destructive confusion and worse than bedlam madnesse ; seriously recommended to all english freemen who desire peace , safety , liberty , settlement . by william prynne , esq a bencher of lincolns . inne . judges 19. 30. consider of it , take advice , and speak your mindes . prov. 12 , 19 , 20. deceit is in the heart of them that imagine evil : but to the counsellors of peace is joy : there shall no evil happen to the just , but the wicked shall be filled with mischief . london : printed in the year of general monck's invasion , 1659. a short , legal , medicinal , useful , safe , easy , prescription , &c. the ambition , treachery , turbulency , avarice , and late infused jesuiticall principles of some swaying officers in the parliaments army , aspiring after the supream authority , government , and publick revenues of our three kingdomes , having so far corrupted their judgments , seared their consciences , depraved their wills , and hardned their hearts , as openly , frequently to violate all sacred oaths , vows , covenants , obligations , trusts , commissions , engagements , to the late king , his heirs and s●●cessors ; the old parliament , kingdome , nation ; ( for whose defence , they were originally raised , commissioned ) and to their own new-created anti-parliamentary junctoes , conventions , protectors , and conventicies , which they have all successively subverted , engrossing the soveraign royall , and parliamental power into their own hands , a opposing and advancing themselves ( by meer treachery , perjury , violence , and other desperate wayes of unrighteousnesse ) like that man of sin , and mystery of iniquity , above all that is worshipped and called god ; making no lesse then three publick revolutions of our government , and forcibly dissolving two parliaments ( as they deemed them ) of their own modelling , b convening , within six moneths space , last past ; and thereby made our formerly renowned nations , the scorn , reproach , wonder , derision of all the world ; themselves the monsters of men , the shame of christianity , chivalry ; exposed our three nations to the uttermost extremity of danger , by new unpresidented ataxies , divisions , encroachments upon their hereditary rights , liberties , properties , caused a totall decay of all sorts of trade , justice , legall proceedings at home , and occasioned a speedy , much feared ivasion from our potent combined popish adversaries abroad , when thus miserably distracted , discontented , impoverished , and totally disabled to repulse them : it is high time for every publick-spirited elishman , in this strange , distracting confusion , ( which hath almost as much divided , discontented all conscientious officers , souldiers in the army , navy , as the people of all callings , conditions ) to contribute their best advice , by all just , legall , hopefull , speedy wayes , agreeable with the lawes of god , and the land , and those rights , liberties of the people , ( the defence whereof all officers , souldiers in the army , have so * frequently , constantly avowed they were principally raised , and resolved to defend , though they have hitherto failed in their promises ) to recover us ou● of the labyrinth of our almost inexetricable ●mazing confusions , settle o● pernicious distractions , and prevent that visible , imm●nent , universall desolation , else likely to fall upon our church , state , nation , rel●gion , beyond all possibil●ty of escape , through the army officers rash destructive counsells , and violations of their trusts , oaths , engagements , both as souldiers , christians , and members of the k●ngdome . the onely just , legall , probable means now left that i can prescribe , both for our nation , churches , armies present and future safety too ( if they will cordially and christianly submit thereto , as they oug●ht in conscience , justice , prudence ) is , 1. for all the antient nobility of the kingdome ( the c hereditary great counsell and counsellors of the nation in all actuall interregnums , and publick confusions , ( as our historians , law-books , and the commons themselves in the long parliament resolved ) both by custome , law , right ) to assemble themselves by common consent at westminster , or so many of them at least , or their heirs if dead , who constantly adhered to the long parliament ; and there to issue out writs according to the statute of 16 ca●o●● cap. 1. on the third monday of nov●mber next , under 12 or more of their hands and seals , for a free and legall election of knights , citizens , burgesses , barons , in every city , county , borough , port , according to former usage , to appear at the parl●ament-house in westminster , the third monday in january next ●●●suing , at a parliament then and there to be held , in such manner and form as this act prescribes ; wherein such proposalls and counsells may by common consent be pursued , as may through gods blessing , soon restore our pristine peace , trade , honour , wealth , prosperity , felicity , settlement , and secure us from all future changes . 2ly . for all freeholders in every county of the kingdome , at the next county court in november , to meet together , and make choise of the ablest , honestest , ●●●est , stoutest gentlemen for their sheriffs , to keep the peace of the county , command the militio , suppresse all insurrections , elect , return knights , citizens , burgesses , to serve in parliament , and execute the office of a sheriff ; it being their antient legal right and priviledge , by speciall grants of our kings , both in and out of parliament , which none in late , or present power ought to encroach upon , or deprive them of , and they are all now bound to exercise and maintain for their own preservation and safety . this their right i shall clearly evidence beyond contradiction . 1 by the peoples ancient right edward the confessors time , or before , in their folkmo●● to chuse an he●etoke ( a baron or person of quality ) in every county , in nature of a ca●●●in , who had the power of the county and militia in every shire 〈◊〉 et uicec●mites provinciatum et cemitatuum ●ligi beb●nt per singu●os cemitatus in pleno folkmoto : as sheriffs of provinces and counties ought to be chosen in every county ; as you may read at large in mr. lambards arckaion , ● . 135 de hetetochiis ; in sir henry spelmans glossarium , dux & heretochius , p. 232 , 348 349. my soveraign power of parliaments , part 2. p. 24 , 25. cooks 2 institutes , p. 174 , 175. 2 by rot claus. anno 16 johannis regis , part 2. m. 2. dorso . dominus rex concessit baro●…ibus suis , militibus & liber è tenentibus de cornubia , qued habeant vicecomitem de aliquo ipsorum ad electionem eorum . idem vero barones , mi●…ites , & ●…iberè ten●…ntes conce●…sserunt willielmo 〈◊〉 , quod h●…beat hund●…edum de estweneleser ad feodi firmam , sibi & haeredibus suis imperpetuum , per dimidium marci argenti , ad ●…estum sancti michaelis reddendum . 3ly . by rot. pat. an. 5 h. 3. memb. 6. h. dei gratia &c. archiepiscopis , episco i●… , c●…mitibus b●…ronibus , militibus , libere tenentibus & al●…is omnibus de com. corn●…b . salut●…m . 〈◊〉 quod concessimus vobis quod l●…beram 〈◊〉 electionem el●…gend vobis in vicecomi●…em nostrum unum de com. 〈◊〉 . et ideo veb●…s mandamus quod ●…ligatis tres ●…ideles & discr●…tes de com cornu●… . & illos nobis praesentari fac . apud london in octab. clausi pasche , & nos 〈◊〉 ex illis t●…ibus prout nob●…s placuerit . vobis dabimus ad 〈◊〉 . et interi●…s commissimus com. tatum illum cornub. cum emnibus illis 〈◊〉 ad 〈◊〉 dilecto & fideli nost●…o reginaldo de valle●…orta 〈◊〉 . 〈◊〉 que mind ●…mus qualinus eidem reginaldo usque ad piaedictum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & respondentes in omnibus , tanquam vic. nostro & 〈◊〉 nostro , 〈◊〉 in 〈◊〉 , &c. t. 〈◊〉 . de bu●…go , &c. 〈◊〉 westm. x●…viij d●…e 〈◊〉 〈◊〉 〈◊〉 5 0. 4y . by b●…t . 10. h. 3. memb. 4. r●…x 〈◊〉 〈◊〉 , 〈◊〉 , prio●…ibus , comitibus baronibus , militibus , 〈◊〉 〈◊〉 〈◊〉 & omnibus aliis de communibus 〈◊〉 & 〈◊〉 〈◊〉 . 〈◊〉 q●…od 〈◊〉 〈◊〉 〈◊〉 de . willo : sil henr. ad v●…c nost●…um 〈◊〉 . 〈◊〉 〈◊〉 . 〈◊〉 & 〈◊〉 〈◊〉 nost●…um 〈◊〉 . et ideo vobis mandamu●… quo●… 〈◊〉 vic nostro 〈◊〉 nobis 〈◊〉 i●…tendentes fitis & 〈◊〉 . in 〈◊〉 &c. teste rege apud w●…nton x●…vij die jan. 5ly . by mat. paris , mat. westminster , daniel , and others , who record , that in the 45 year of king henry the 3d , the king placed new sher●ff● in every county , displacing the sheriffs the barons and people had made ; whereupon the people in eve●y county , manfully resisted the sheriffs , and would not obey , nor regard nor answer them in any thing , whereat the king was much troubled . much less then ought they now to ob●y any sheriffs obtruded on them by the army officers , or any other illegal us●rped power . 6ly . by the statute of articuli super chartas , anno 28 e. 1. chap. 8. the king hath granted to his people , that they shall have the election of sheriffs in every shire ( where the shrivalty is not of fee ) if they w●●● and chap. 13. for as much as the king hath granted the election of s●eriffs to the commons of the shire , the king willeth , that they shall chuse such sheriffs as shall not charge them , and that they shall not put in any officer for rewards or bribes . and that they shall not lodge too oft in one place , nor with poor persons , nor with men of religion . by which statutes , ( being but confirmations of the peoples former rights by custom , or kings g●an●s 〈◊〉 which some of them encroached , which was the occasion of these acts ) all counties used to elect their sheriffs : and if they elected any mean or unfitting person , as they sometimes did , he then commanded them by his writs to chuse another who was fit to discharge that office ; witness this memorable record ensuing . cl. 31 e. 2. m. 13. dur●● . rex coronatoribus & toti communitati comitatum salop. & stafford . salutem . cum nuper pro communi utilitate regni nostri inter alia concesserimus populo ejusdem regni , quod habeat si voluerit electionem vic. in singulis comitatibus dicti regni cum opus fuerit vicecom . praedict. in eisdem , ubi videlicet vicecomes de feodo non existit . ac rieus : de harleigh p●r vos in vic. comitatuum praed●ctorum nuper electus , ad officium illud faciendum minus sufficiens est , sicut ex testimonio fidedigno accepimus : vobis manda●●● quod aliquem qui melius sciat & possit officio vic. dictorum comitatum intendere & utilior fuerit ad idem of fictum exequendum in vic. corundem comitatuum pro vobis , si volueritis , eligatis , & ipsum sic electum per aliquem legalem & circumspectum hominem ex parte vestra cum literis , vestris patentibus sub sig●●is sex de discretioribus & probioribus mil. eorund●m comitatuum thess. & baronib . nostris de scaccario in erastino sancti michaelis prox suturi sine dilatione praesente●is , ut ipse tunc ibidem praestito sicut mo●is est sacrament● , extunc ea faciat & exerceat , que ad of sicium vicecomitis peatinent in com . prudictis . et habeat●s ●bi tunc hoc breve . scituri , quod si talem per vos electum modo praedicto non praesentaveritis coram prafatis thess. & baronibus nostris in crastin● pradicto , praedicti thes. & barones extunc nobis de ali● vicecomite vobis praeficiendo in defectu vestri providebunt . teste rege apud sarum . vvi . die april . 8ly . by claus. 12 e. 3. pars 2. m. 15. claus. 13 e. 3. pars 3. dors . 16. claus. 14 e. 3. pars 2. m. 3. de uicecemitibus eligendis per totam angliani : wherein are several writs issued authorizing and commanding the people to elect their sheriffs in every county throughout england , with other records to the like effect over-tedious to recite at large . 9ly . by mr. lambards archaion . f. 135. and sir edward cooks 2. institutes on magna charta , p. 174 , 175 , 558 , 559 , 566. who resolve , that sheriffs in antient times were and oft to be chosen by the freeholders , of the county in the county court , as conservators of the peace , coroners , verderers , constables , petty constables , were then and since elected likewise by the people ; as well by the kings writs , as without them , in cases of necessity . xly. by the constant custome of all corporations which are counties within themselves , having power annually to chuse sheriffs only by the kings charters , without any special writ , as london , bristol , glocester , york , canterbury coventry , &c. use to do . therefore every county in england and wales , may do the like without any speciall writs , being a necessary annuall , antient standing office , especially in these confused times , when none have any legall authority to issue out writs or commissions to elect or swear sheriffs , by vertue of the premised statutes : and the army-officers , with other self-created usurping powers , may as lawfully obtrude mayors , sheriffs , and other officers on every corporation of england without their election , and deprive them of their freedome to elect them ; as thrust sheriffs , justices of the peace , coroners , or other eligible officers upon counties ; and rob them of this their just ancient right and priviledge ; now strenuously to be revived , asserted for their common safety , against all encroachments thereon . the statute of westminster 1. ch. 5. enacting , declaring , that all elections ought to be free , and not disturbed by force of arms under grea● forfeitu●es by no great men nor others . 3ly . let all counties , cities , boroughs , ports , make choice of the wisest , ablest , stout●st , discreetest persons , such as are best affected to peace , settlement , and the nations publi●e interest , for their knights , citizens and burgesses ; not of raw , unexperienced , timorous , or time-serving , unstable , self-seeking , turbulent men . 4ly . let all counties , cities , noblemen , gentlemen , yeomen , clergy-men , and freemen of the nation , unanimously resolve , to obey no new , illegall , tyrannical , upstart powers , officers , conventicles , committees or counc●ls of men whatsoever forcibly obtruded on them ; nor to execute any of their orders or commands ; but onely to obey such legal officers as themselves shall legally elect , or a free parliament duly elected by them : nor pay any taxes , customs , imposts , excises , contributions whatsoever , to any officers , souldiers , collectors , but such as shall be imposed by common consent in a free and lawfull parliament , it being their antient birthright ( for defence whereof the army was first raised ) ratified not only by sundry antient statutes , and the late petition of right , but several acts , votes , declarations , judgments of the last long parliament of king charls , acknowledged in the instrument of government it self , the late petition and advice , the armies own former declarations , and the late dissolved juncto in their very last knack of the 12. of this instant october , their plea and papers since . 5ly . if any officers , and souldiers of the army , out of faction , ambition , self-ends , or jesuitical seduction , shall obstinately , traiterously , maliciously , or tyrannically oppose the people in their elections of sheriffs , knights , citizens , burgesses , or levy any taxes , excises upon them by armed violence , contrary to all their former-forfeited , now-expired commissions , declarations , engagements ; let them unanimously declare and proceed against them as professed publick enemies , traitors to their native countrey ; who by their former and late treacheries , rebellions , and unwarrantable proceedings against all their superiors , ( transcending all presidents in profane or sacred stories ) have actually in law , justice , forfeited not onely all their commissions , commands , and arrears of pay , but their very lives , lands , estates ; and that our whole 3. nations by their solemn league and covenant , for their own future preservation , are obliged to bring them to publike justice , as themselves have proceeded against hundreds , nay thousands of other delinquents not half so criminal as themselves : and thereupon intreat all other officers , souldiers in the army , who have any fear of god , or love to themselves , their posterities , or native countrie remaining in their brests , as moses did the congregation of israel in the rebellion of korah , dathan , and abiram , who mutinied the people against him and aaron , numb. 16. depart i pray ye from the tents of these wicked men , and touch nothing of theirs , lest ye be consumed in all their sins . so they gat up from the tabernacle of korah , dathan , and abiram on every side . and as many officers , souldiers , as shall thereupon desert the tents of their rebellious commanders , and contribute their assistance ●…or the speedy calling and safe 〈◊〉 of a f●…ee , lawfull parliament , without any ●…uture mutinies , to interrupt o●… d●…ssolve it when convened according to the premised statute of 16 〈◊〉 , c. 1. let them be assured of their full arrears , and indempn●…ty fo●… what is past , wh●…ch none else b●…t a free and lawful parliam●…nt can grant them ; all ●…ther indempn●…ties being vo●…d in law . and if this will not satisfi●… , let them b●…ware , lest the earth cleave osunde●… that is under them ; and 〈◊〉 swallow them up 〈◊〉 , with their houses , men , goods , and all appertaining to them , and they perish from among the 〈◊〉 , as korah , 〈◊〉 and 〈◊〉 , with their families and adherents ●…id , by this or some other exemplary judgments , and a universal insurrection of our three whole discontented , oppressed , rained nations against them , which they may justly fear and expect , if they believe there is a righteous god that judgeth in the earth , a lord of hosts able to scatter , puni●…h , execute vengeance on them here , and cast them into hell for ever hereafter , for their manifold unlamented , reiterated , transcendent reb●…llions : or repute these texts canonical , which i shall recommend to their saddest meditations . prov. 29. 10. he that being often rep●…oved hard●…eth his neck sh●…ll suddenly be destroyed , and that without remedy , ( as the late anti-parliamentary junctoes , and protectors have been ) prov. 11. 21. though hand go in hand , yet the wicked shall not go unpunished . psal. 68. 21. god shall wound the head of his enemies , and the hairy scalp of such a one as goeth on still in his trespasses . ezech. 24. 14. i the ●…ord h●…ve spoken it , it shall come to passe , i will do it ; i will not go back , neither will i spare , neither will i repe●…t ; but according to thy wayes and accordings i will recompence , and th●…y shall judge thee , saith the lord . col. 3. 25. he that doth wrong , shall receive according to the wrong done , and there is no respect of persons w●…th god ; ●…ho can in a moment as easily destroy an whole army , and great host of men ( as he did * sennacheribs , 〈◊〉 , and other armies ) as any one single person . october the 〈◊〉 1659. the day of king-condemning john 〈◊〉 death , and translation to his proper place and arraignment in the highest court of 〈◊〉 . finis . notes, typically marginal, from the original text notes for div a56207e-190 a 2 thess. 2. 3. 4. b see their declaration , may 6. 1659. * see their collection of engagements , remonstrances , &c. for setling the subjects in their just liberties and freedoms , london , 1657. c see my plea for the lords , p. 43. 51 , to 60. de com. cornub . de v●…wct . electo in com. su●… . & d●…rset . de vic. elig . * 2 kings 13. 35. 2 ch●…on . 13. 16 , 17. the case of the impeached lords, commons, and citizens; truely stated prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56146 of text r203222 in the english short title catalog (wing p3919 p3920). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 50 kb of xml-encoded text transcribed from 13 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56146 wing p3919 wing p3920 estc r203222 99834932 99834932 39583 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56146) transcribed from: (early english books online ; image set 39583) images scanned from microfilm: (early english books, 1641-1700 ; 1938:5) the case of the impeached lords, commons, and citizens; truely stated prynne, william, 1600-1669. 22 p. s.n.], [london : printed in the year. 1648. by william prynne. place of publication from wing. annotation on thomason copy: "jan: 22th."; the 8 in imprint date crossed out and date altered to 1647. also identified as wing p3920 on umi microfilm "early english books, 1641-1700" reel 1938. copy from the british library (not in thomason tracts), cropped at foot, losing imprint. reproductions of the originals in the british library. eng england and wales. -parliament -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a56146 r203222 (wing p3919 p3920). civilwar no the case of the impeached lords, commons, and citizens; truely stated. prynne, william 1648 8667 42 0 0 0 0 0 48 d the rate of 48 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2002-03 tcp assigned for keying and markup 2002-04 aptara keyed and coded from proquest page images 2002-05 tcp staff (michigan) sampled and proofread 2002-05 sara gothard text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion the case of the impeached lords , commons , and citizens ; truely stated . psal. 75. 5 , 6. commit thy way unto the lord , trust also in him and he shall bring it to passe . and he shall bring forth thy righteousnesse as the light , and thy judgement as the noon day . acts 16. 35 , 36 , 37 , 38 , 39. and when it was day , the magistrates sent the sergeants , saying , let those men go . and the keeper of the prison told this saying unto paul , the magistrates have sent to let you go : now therefore depart and go in peace . but paul said unto them , they have beaten us openly uncondemned , being romans , and have cast us into prison , and now do they thrust us out privily ? nay verily , but let them come themselves and fetch us out . and the sergeants told these words unto the magistrates : and they feared when they heard that they were romans . and they came and besought them , and brought them out , and desired them to depart out of the city . the case of the impeached lords , commons and citizens truly stated . the lords and commons in parliament , in the moneths of march and april , and may last , taking into their serious consideration , the * absolute necessity of disbanding the greatest part of the army , after the total reducement of the kingdom , for the present ease of the people from taxes and free-quarter , and the speedier relief of ireland , then in danger to be irrecoverably lost ; did thereupon pass some votes and declarations for disbanding the foot , and some regiments of horse of the army , and sending them into ireland , under the commands of two major generals , skippon and massey , and imployed commissioners from both houses to the army , for that purpose , where they * eng●ged many officers and souldiers for that expedition . but by the under-hand practises of leiutenant general cromwel , and his confederate officers and agitators , the relief of ireland was not only obstructed , but wholly frustrated ; and the major part of the army animated , to enter into a solemn engagement , not to disband upon any terms , till they had obtained satisfaction from both houses , to certain high proposals and demands ; which the houses for quietness sake , and irelands better accomodation ( though with some disparagement to their honor and power ) condescended unto . but the concession of all their first demands , was so far from satisfying those restlesse spirits ( who had other designs to carry on ; since visible to all men ) that they encouraged them to greater insolencies , and higher demands then ever , comprised in their * letters , proposals , remonstranses and manifestoes in iune and iuly following , of purpose to pick new quarrels with the houses and city too , and to keep themselves in an intire body , to carry on their dangeraus plots against all opposition . in pursuance , whereof they first with a party of horse commanded by cornet ioyce , forcibly and traiterously * seized on the kings own royal person at holdenby , upon false pretences , and removed him thence into the armies quarters , contrary to his own , and the commissioners of both houses protestations ; refused to resign him up , or dispose of his person according to the houses votes ; removed the guards , appointed by both houses from him , put new guards of their own upon him ; who excluded the scots commissioners from any access to his presence against the law of nations and votes of both houses ; and yet then granted free access for all malignants to him , and admitted malignant chaplains to attend him with the book of common prayer , and all episcopal ceremonies , which they so much decried heretofore as anti-christian . neither rest they here , but refusing to disband even after all their arrears were promised to be payd or secured by the houses ; they mutinously and rebelliously ( against the express votes and commands of both houses , and desires of the city ) march up in a warlike manner towards london , threatning to force the houses and plunder the city if they had adhered to them , in case they granted not their unreasonable desires by the short time prefixed to them , approaching within few miles of the city with their whole body , seizing the block-houses on the river by violence , quartering their forces round about it , and sending their warrants for provisions to constables , within the very lines of communication . whereupon the houses to provide for their own safety and the cities , if the army should invade them by open force ; both houses on the 11. of iune by ordinance , appointed a committee of lords and commons , to joyn with the militia of london , to consult , advise and put in execution all wayes and means , which in their judgments might be necessary for the safety and defence of the kingdom , parliament and city , and to rayse horse and foot for that purpose &c , of which committee some of the afterwa●●● impeached commons , and now imprisoned and impeached lords were members ; which committee after some few meetings ( in hope of a final pacification ) was discontinued ; and the houses by the armies dayly approaches , enforced to repeal sundry of their just votes , remanstrances and ordinances to quiet their distempers . after which condescention , the army did not only publikely censure them for it in p●int , but likewise declare their dis-satisfaction by all the houses had done or promised , unless the commons would presently purge their house from all members disaffected to these their mutionous practises , and suspend no less then eleven of their emmentest presbyterian members at once from sitting in the house , before any particular proofs or impeachments against them , upon a meer general and illegal charge sent from st albons ( then the head quarters ) iune 14. upon which , though the house after full debate resolved iune 25. that by the laws of the land , no iudgment could be given for their suspention upon that general charge , before particulars produced and proofs made ; yet the army threatned to march up to westminster , in case they were not removed from sitting or voting in the house ; whereupon the members voluntarily withdrew themselves , and afterwards put in their answers to the false and scandalous particular articles the army afterwards sent up against them , of purpose to wound their reputations , without any intention to bring them to their legal tryals , being never able to prove the least title of those articles , of which the whole house and kingdom know them to be guiltless . upon this their voluntary withdrawing , though the army and their instruments took occasion to traduce them as guilty , yet they began to draw their quarters , and disperse themselves further off from london ; but with a resolution to take the first occasion of returning thither before they were sent for , the gaining of the city and tower of london into their custody , and placing of their own guards upon both houses , and mould them to their own pleasures , being the main design of their first approaches towards it . and no occasion of returning , being given by the houses or city , who complyed with them in all their unreasonable desires , they thereupon projected to make one unreasonable demand more , which might in all probability occasion it , and they divide the city and both houses one from another ; and that was to desire the houses to repeal the ordinance for the new militia of london , ( which no ways concerned the army in point of interest or right ) and to restore the old without any exceptions to their persons , or any cause alleadged , or once acquanting the city therewith , to whom both houses and the army too were most deeply engaged . hereupon sir * thomas fairfax sends a letter to the speaker of the house of commons , intimating the officers and armies desires , that the new militia of london might be altered , and the old revived , without ever acquainting the city or their commissioners in the army therewith : upon which letter alone ( the house being very thin , and most members driven away by the menaces ) on iuly 22 , in the afternoon the ordinance for the new militia , made by unanimous consent of both houses , when full and free , may 4. to continue for a full year , was suddenly voted in the house of commons , by some few casting voyces to be repealed , before 3 moneths expired ; and a new ordinance for reviving the old militia , drawn up , passed , transmitted to the lords house about 7 a clock at night , when the house was empty , and then presently passed without out any debate , ( though moved to be put off by some , till the city to whom they were so much obliged , and whose s●fety and priviledges it so highly concerned ) were acquainted therewith , and heard what they could obj●ct against it , who never had the least intimation of it till it was past . the pretence for this hasty passing , was , to prevent the the armies-speedy march to westminster , if the houses refused to pass it ; and the cities opposition against it , if not passed before their notice of it ; but the real design was to discontent the city , and enforce them to some act or other , as might give the army occasion to march rather against them , then against the houses , and engage them and their party in the houses against the city and their friends . this ordinance of repeal being made known to the city , the next day , being saturday , iune 24. they were much discontented at it ; and meeting at a common councel , voted unanimonsly against it , as a great injury and astront unto them ; both , because the houses and army never acquainted them therewith , but did it on a sudden in a thin house without their privity , or any reason alleaged , or just exceptions to the new militia in the ordinance for such an alteration , which so highly concerned their safety and priviledges ; and because the repeal of this ordinance , upon no other grounds but the armies desire , might justly shake all other ordinances for securing the vast sums they had lent and advanced upon the excise and sale of bishops lands , and for their indempnity , and make them repealable at the armies pleasure , as wel as this , to their utter undoing . whereupon they resolved to petition the houses on monday morning for the repeal of this hastty injurious ordinance of iuly 23. for selling the new militia , and drew up a petition then for that purpose ; which the sheri●s and common-counsel presented to the houses on monday the 26. of iuly : after which about a thousand apprentices , and young men of the city , without any armes at all , came with another petition of their own to both houses , wherein they remonstrated , that they were heirs apparant to the city , whose rights and priviledges they were sworn to defend , and the houses had of times promised to maintain ; that the ordering of the cities militia was the cities birth-right , belonging to them by charters confirmed in parliaments , for defence where of they had adven●ured their lives and fortunes as far forth as the army ; and therefore desired it might be returned into those hands , in which it was put by the whole cities consent , by the ordinance of the 4. of may ; upon reading these petitions in the lords house , they were pleased to revoke the ordinance of iuly 23. and resume that of may 4. by a new ordinance of iuly 26. which they sent down to the commons , where some apprentices were over-earnest and urgent to get the ordinance passed , refusing to suffer some members to go out of the house , till they had passed the new ordinance sent from the lords , or to come out of the house into the l●bby , when they were divided upon the vote , about it , which at last they passed about 3 of the clock ; whereupon most of the apprentices departed quietly into the city , without any further disturbance . after which some disorderly persons , most of them malignants , & disbanded souldiers , not apprentices ( by the instigation of some masignant , sectaries and friends of the army ) gathered about the commons door , and grew very outragious , enforcing the speaker to take the chair after the house had adjourned , not suffering him or the members to depart the house , till they had voted : that the king should come to london to treat with the houses about a peace . with which violence the common-councel of london being acquainted as they were sitting in the guild hall , they presently sent the sheriffs with such assistance as was ready at hand ( the militia then being in an unsetled condition by the houses own act , and contradicting ordinances ) to suppress the tumult , and rescue the members ; who thereupon hasting to westminster , did their best endeavours to effect it ; and at last pacified the unruly rout , and conducted the speaker in safety to his coach and lodging about nine of the clock at night , which was as much as could be expected from the city , in this interval of their militia's unsettlement . the lords adjourned their house till fryday morning ; the commons only till the next morning being tuesday ; against which time the new established militia provided a strong guard for the house it self : whether the speaker and members repaired about 10 of the clock safely without any interruption , and there sate securely , till they agreed to adjourn the house till friday morning following , upon this ground ; that the lords had adjourned their house till that time , and had made a peremptory order for all their members then to attend the house , notwithstanding any former leave granted to be absent . the next day being the monthly fast the speakers and members met at margarets church in westminster , and there kept the solemn fast without disturbance : where mr speaker in the church complained publikely to sr ralph ashton , and other members setting near him , to this effect ; that there was a great scandal raised on him in the city , which did much trouble him , as that he had left the house , and was run away privatly to the army , or intended to do it : tha● he had no such thought , and sco●ned to do such a base , unjust and dishonorable action ; and would rather die in the house and chair , then desert them for fear of any tumults . which being spoken in the church and presence of god on the solemne fast day , when he would not dissemble , makes most men conclude , his secret departure to the army the very next day , proceeded not from his own judgment or inclination , but from some strong invitations or menaces sent from the army by those who contrived this desperate plot to divide the city & houses , and bring up the army to inthrall them both . on thursday morning early the new renewed militia of london , to prevent all future disturbances to the houses , made publike proclamation throughout the city & suburbs , & set up printed tickets at westminster & other usuall places within the line , that if any person or persons should offer to disturb either of the houses or their members , the guards should apprehend them , and in case of resistance kil or shoot them . yet not withstanding the speaker in the evening stole away through hide parke in his coach to the army , and went to windsore to the head-quarters , accompanied with sir ar. hasterig & other members , who met him by the way . on friday morning about 140. members or more met at the commons house , expecting the speakers coming , whither the serjeant coming without his mace , being demanded where the speaker was , answered , he knew not very well , and that he did not see him that morning , and was told he went a little way out of town last night , but he thought he would return , & expected to meet him at the house . after which being somwhat strictly interrogated by some members about the speaker , he suddenly withdrew himself , and could not be found , till the house had chosen a new speaker & serjeant , and procured a mace ; and then he returned with the mace carried after him under his mans cloke , which he said he had been seeking out all the time of his absence . the house , after two houres attendance , sent 4 of their members to the speakers house , to inquire what was become of him ; who returning reported from his servants , that he was gone forth of town the evening before , & was not likely to return that day , and that they conceived he was gone to the army : whereupon they resolved to chuse a new speaker after some debate , and called mr. henry pelham to the chaire ; after which they chose a new serjeant in the absence of the old . in the meane time the lords assembling in their house upon speciall order and summons , received a letter of excuse from the earle of manchester for his absence , by reason of some indisposition befallen ; whereupon they chose the lord willoughby of parham their speaker in his roome , having frequently changed their speaker this parliament , as they saw occasion : and about three of the clock that day , the commons presented their new speaker to the lords sitting in their robes after the accustomed manner , who approved to their choice , to prevent a discontinuance and faler of the parliament for want of speakers to adjourne and continue it , and prevent all scruples which might arise thereupon . this done they proceeded to vote and act as a parliament , which they might lawfully doe . first they voted in the eleven wrongfully impeached members , and others unjustly questioned by cromwells and his confederates practise in the armies name , to take away their votes , to attend the seruice of the house , which they accordingly did : next they revive and set up the committee for the safety by an ordinance of both houses ; authorizing them to joyne with the committee of the restored city militia ; and by severall votes & ordinances gave power to these committees for the listing and raising of forces , appointing chiefe commanders and officers issuing out arms and ammunition for the safety and defence of both houses and the city , against all such who should forcibly invade them : which votes & ordinances for their self-defence ( warranted by the very law of nature , as the armies declarations assent ) were not passed nor put in execution , till the army under sir tho. fairfax ( recruited extraordinarily every day without & against the houses orders ) were on their march towards london , & most contemptuously disobeyed the votes and letter of both houses , inhibiting them to come within 30. miles of the city : which letter sir thomas out of his great humility refused to much as to answer , or take notice of : whereupon the army drawing near the houses and city in a warlike manner , with a resolution to force & assault them by violence ; thereupon the committee of safety and the militia of london by ordinance and speciall command of both houses , raised new forces of horse & foot , mounted some of their cannons , manned some of their works , and made preparations only for their own defence , as they might lawfully do , and had done formerly , by vertue of that supreme power of both houses , which first raised , and after voted down this perfidious army , who now refused to obey their masters commands , and marched up against them with much rage and fury as enemies . to countenance this their trechery and rebellion the more , they draw the speakers & fugitive members of both houses to sit in counsell with them in the army in nature of a parliament , and to signe an ingagement , to live and die with sir t. fairfax and the army in this quarrell . whereby they were so animated , that sir th. fairfax raised the traine-bands of hertfordshire and other counties , to joyn with the army , and march up against the houses and city ; who were so desirous of peace , that they sent commissioners & agents sundry times one after another to mediate an accord , and keep off the army from approaching neare the city ; who were exceedingly sleighted , & could obtain no termes of peace or agreement from them , unlesse they would unworthily yeeld to desert both houses & the impeached members , contrary to their ingagement , covenant and duty , renounce and call in their own declaration then newly published ; relinquish their militia , and deliver up all the forts and line on the westside of the city next to westminster into the armies hands , together with the tower of london and magazines in it , disband all their forces , put all the reformados out of the line , withdraw all their guards from the houses , and receive a guard of such horse & foot within the line as the army should appoint toward the houses , demolish their works , and suffer the whole army to march in triumph through the city , as absolute conquerours of it and both houses too . to all which dishonourable and base conditions ( worse then any the king or cavaliers would or could have put upon them , in the condition and posture of defence they then were ) the aldermen and common councell , to their eternall dishonour and infamy , suddenly and unexpectedly condescended . whereupon a party of the army entred the line , seized the forts agreed upon , and on the 6. of august the generall brought the fugitive speakers & members to the house with a strong party , ( who might have returned at their pleasure before without any guard , had they pleased ) placed the speakers in their chaires out of which they were justly voted , without any order of the houses , the lords house being then adjourned during pleasure ; where the generall was set in a chaire of state , and received speciall thanks for this service from the speakers in both houses names , who made him generalissimo of all the forces and forts of the kingdome to dispose of them at his pleasure , made him constable of the tower , voted the common souldiers one moneths gratuity for this service , besides their pay ; left all their guards to his disposing , and to mock god , as well as men ; voted a publike day of thankesgiving to be kept both in the city and throughout the kingdome , for their restoring the parliament to its honour and freedome , in this forcible and dishonourable manner , not to be patterned in any age . after which the generall and his whole army marched through the city in greater triumph and state , then ever william the conquerour , or any of his successors did ; takes possession of the tower , turnes out the honest lievtenant there , who royally entertained him , without any cause assigned ; displaceth most governours in other forts and garrisons , though setled by ordinance and speciall votes of both houses ; alters the militia of the city , sets up a new militia in westminster and southwark divided from that of london , contrary to severall ordinances , and the articles of the treaty ; causeth the line and works about the city to be demolished , drives away most of the members by menacing declarations , procures an ordinance by meere force and violence to passe the houses , declaring all the votes , orders , and ordinances of one or both houses from the 26. of iuly to the 6. of august , to be null and void , which the commons had foure or five times laid aside and refused to passe upon the question ; and then by confederacy with the fugitive members , procured the lord mayor and divers aldermen and citizens of london , who had shewed themselves most faithfull and active for the parliament all these wars , and done more service for them then any in the army , to be impeached of high treason , and shut up prisoners in the tower ; procures the recorder , sir iohn maynard , and commissary copley , without any legall hearing or examination to be suddenly thrust out of the house , and some other members to be suspended , and all those questioned who fate or voted in the speakers absence , and no lesse then seven lords ( viz. theo●hylus earle of lincolne , iames earle of suffolke , iames earle of middlesex , george lord berkly , francis lord willoughby , iohn lord hunsdon , and william lord maynard , who had ever adhered to the parliament ) to be impeached of high treason , sequestred the house , and committed to the black rod , who sate and voted in the house in the speakers absence ( by colour of a speciall order made before their departure , that every member of the lords house should there attend ) upon pretext , that they had levyed warre against the king , parliament and kingdome . when as they acted nothing but in the house , or at the committee of safety and the militia by expresse order and authority of both houses , for the parliaments and cities just defence against a mutinous and rebellious army then marching up hostilely against them , contrary to both houses votes and orders without any authority but their owne . this is the true state of the case of the impeached lords , commons and citizens , who have been eagerly prosecuted by the army and their confederates in the house , when those malignant lords who levied actuall warre against king , parliament and kingdome , exempted from all pardon heretofore by votes and ordinances of both houses , as traitors and publike enemies to the kingdome , are suffered to go unprosecuted , yea pleaded for in the houses , and permitted to walk freely about the city , and repaire to the king in the armies quarters , while these faithfull lords , members and citizens are shut up prisoners , and prosecuted day by day , without any proof or guilt to make good the charge . the sole question then will be , who are the reall traytors , and actuall endeavourers or raisers of a new warre against the king , parliament and kingdome , in this case , whether the impeached lords , members , and citizens , or the army and their confederates , and fugitive members , who excited them to march up thus to london against both houses and the city , without any authority from the king , parliament , kingdome , and contrary to both houses expresse orders , letters and commands ? certainely , if indifferent disinterested members and persons may be iudges , or umpires in this case , or the consciences of the accusers themselves may be judges , those lords , members , and citizens listing and raising forces onely for their owne just and necessary defence by expresse ordinances , votes and orders of both houses of parliament , was so farre from being high treason , or levying of a new warre in them , that it was a just , necessary and lawfull in them , both by the law of nature , scripture , the statutes of the realme , the practice and resolutions of both houses , and of the army it selfe in their defensive warres against the king and his assailing forces , and a duty to which their covenant and publike trust ingaged them unto , under the paine of perjury and treachery both to the king ( taken violently by a commanded party out of both houses custody , and detained prisoner from them in the army against their votes and commands ) and to the kingdome , parliament , and city , to whose preservation and defence they had so many obligations against a mutinous and rebellious army , marching up thus hostilely against them without any just ground or authority at all , but the executing of their owne treasonable plots and designes both upon the king , kingdome , parliament and city , as their subsequent proceedings manifest . and every thiefe may as justly accuse each honest man of treaand levying a new warre , if he both but provide and weare a sword or pistoll to resist him when he comes to take his purse , or breake open his house , as the army and their confederates may those lords , members and citizens of treason and levying a new warre , by this provision of forces and armes to defend themselves in case the army should violently affault the houses or the city in a rebellious and hostile manner , without shedding one drop of blood , or marching out of their lines to fight with them , though they gave them just occasion ; and therefore sir thomas fairfax and the army in their remonstrance of august , 18. 1647. p. 19. 20. confesse ingenuously , that if those pretended votes , orders and ordinances whereby war was levyed against those members of both houses who fled to the army , were then good ( when as they were made ) and valid , though they should now be repealed , yet we with the speakers and those members aforesaid in opposing of them while they were of force , must needs remaine transgressors still , and yet god and wee are thanked for it . to avoid which dangerous worke , they forced the houses ( by a more horried force then that of the apprentices , and this menacing treasonable remonstrance , to passe an ordinance , 20 august , 1647 , for declaring all votes , orders and ordinances passed in one or both houses , since the force on both houses , july 26 , untill the sixt of this present august to be null and void . of purpose to excuse themselves from this very guilt of high treason , in leying warre against the king , kingdome and parliament , which they would most injuriously fasten upon others who are innocent to evade their owne guiltinesse . but neither god nor man will be long thus mocked or deluded by them : and this present age and all future generations , will conclude at last in despite of all opposite powers and evasions ; that the generalls and armies refusing to disband upon the votes and ordinances of both houses ; seizing the king , and rescuing him from the commissioners of both houses with an armed party , marching up forcibly to london against the houses expresse commands , surprizing the block-houses at gravesend by force , with the slaughter of some of the garison there settled by the houses ; falling violently upon sir robert pyes men in their quarters , and wounding some of them neer greenwich where they were billetted by the houses order , without any provocation , impeaching and seizing on some members of the houses , and carrying them prisoners to the head-quarters , against their wills ; enforcing the houses to null and repeal their owne just votes and ordinances , recruiting the army with many thousands of new souldiers , raising the train-bands of the countries , marching up to london in a body , seizing the forts in southwarke and westminster , coming in arms to the very houses with the fugitive speakers and members , putting a guard of horse and foot of the army upon both houses , threatning by force to keep divers members out of the house , and pull them out by head and shoulders if they presumed to intrude into them , forcing away most of the members from the houses ; marching through the city in triumph throwing , downe their lines and works , seizing upon the tower of london , and the isle of wight , beleagring the city and both houses of parliament of purpose to enforce them at their pleasure sending strange and treasonable remonstrances and papers to the houses to passe contrary to their votes and judgements , and utterly ruining the countrey with taxes , free-quartering upon them against the peoples wills , and listing twice the number allowed by the establishment , when there is no apparent enemy in the kingdome , nor order of the house for such strange recruits , their violent impeaching of these innocent lords , members , and citizens , and saying publikely in the army and houses , that the longest sword must carry it , and the army will have this or that , whether the houses will or not ; and that we are all but their conquered slaves , and vassalls , and all we have is theirs , having wonne it by the sword : and the speakers and engaged members confederacy , and engagement to live and die with the army in these their treasonable proceedings , is no lesse then high treason in good earnest in them all , and an actuall levying of warre against king , kingdome , parliament , and city ; for which god and men will one day bring them to exemplary punishment , if they unfainedly repent not of it , and give some honourable publike reparation to those innocent faithfull lords , members , and citizens , they have most falsly and injuriously impeached , and imprisoned for those very treasons and practises of which themselves are only culpable . this being the true state of the impeached and imprisoned persons case , we may justly stand amazed at the strange insolency and impudency of the councel of the army , in their late humble ( alias most arrogant ) representation , presented by some of them to the houses of parliament , decemb. 7. 1647. who though in most of their former remonstrances , they had pleaded this , to be the hereditary freedome of all subjects ( since voted by both houses ) freely to petition the parliament without restraint ; as some of their fraternity have frequently done of late in a most seditious manner ; yet they fall pel-mel upon the common councell of london only for petitioning the houses for relief of their imprisoned fellow citizens ; and on the commons house and members too , in this most saucy language : pag. 21. 23. and now also we must earnestly desire that the proceedings against those citizens , and others lately impeacht , may be hastned , and out of their fines and confiscations , some part of reparation may be made to the countries adjacent for the aforesaid damages , which the crimes of those persons and others in the city did 1 first bring upon them ; and indeed , without something done against those persons for example to others , we do not see ( when it shall withdraw ) with what safety or freedome the parliament can sit longer at westminster , especially when we find the common councell ( through the parliaments and 2 armies lenity ) to take the boldness already ( in the face of both ) to intercede for the relief and acquittall ( or rather justification ) of those impeached persons , ( who indeed are but fellow-delinquents ( we doubt ) to most of that councell ) as if that so actuall , immediate , and 3 horrid a force upon both and the whole houses of parliament , and the levying of war in abetment and prosecution thereof , and of that concurrent 4 treasonable engagement , were already forgotten by them to have been any crime ; the consideration whereof , and of the renewed confidence of master gewen , and some other members of parliament ( known to have been partakers , if not principalls in the same things ) who yet 5 presume , and are suffered to appear again in the house ( as in those things there had not been so much fault , as to render them lesse worthy of continuing in that highest trust ) makes us begin to fear , that , while so much of the same leven ( through lenity and moderation ) is left behind , is may shortly spread , till even the 6 worst of the eleven members ( notwithstanding their double crimes ) be again called for in , unlesse the house ( by some exclusive resolutions and proceedings ) do timely prevent the same ; we hope therefore the parliament will weigh these things , and speedily ( ere it be too late ) consult ( at least ) their own safety and the kingdomes : if not ours and the armies , their poor servants , and something concerned with 7 them ( especially ) in that affaire . by this printed passage , the whole world may plainly discover the unparalled insolency , malice , injustice of the saints and councel of the army , ( who * exceed the very deeds of the wicked ) against the wrongfully impeached citizens and members , whose principall prosecutors and accusers they are ; this representation being sent of purpose to promote the lords impeachment in the commons house just when it was there debating , though since laid aside for want of proofs , and matter , to make up a charge against them ; and yet they , with the impeached aldermen and citizens must be still prosecuted , imprisoned , and not released , nor the falsly impeached and suspended lords and commons re-admitted into the houses for fear of displeasing the generall and grand councel of the army , who are really guilty of all the * crimes and treasons which they would falsly charge on these to excuse themselves , and of cornet ioyce his matchlesse treason in plundering the king out of the parliaments possession , whom yet they never questioned , nor impeached for it . if this be the justice and charity of those saints , the generall and councel of war ( who have not yet learned that lesson and common rule of justice from our saviour , whatsoever ye would that men should do unto you , even so do unto them , for this is the law and the prophets , mat. 7. 12. nor that lesson of iohn baptist ( a burning and shining light , but yet no new one ) even to soldiers themselves ; do violence to no man , neither accuse any man falsly , luke 3. 14. ) god deliver all honest and innocent persons from such malicious prosecutors , such unrighteous judges , and * men of violence : but let this be these restrained innocents cordiall , and their persecutors terror : * evill shall hunt the violent man to overthrow him : his mischief shall return upon his own head , and his violent dealing shall come down upon his own pate . god hath spoken it in his word , and it shall most certainly come to passe in his due time , if they can but with faith , and patience , wait upon him till its accomplishment , without fainting or despair . now because the generall , councell and army are so eager in pressing for justice upon some members , and the imprisoned aldermen and citizens , pretending them guilty of the apprentices force upon the houses ( of which there is no evident proof ) to requite their kindnesses we shall evidently demonstrate there is greater cause for the houses and city to crave justice against them , as being far more guilty of forcing the houses in a horrid and desperate manner , then the apprentices , who so far they exceeded in these respects . first , they and the army marched up in an intire body from their quarters towards london to force the houses , against their expresse votes , orders , and the cities desires ; the apprentices did not so , having no command from either house , not to repair to westminster , nor no members sent to them as commissioners to stay their march , as the army had ; whom no doubt they would have better obeyed then the army did the houses commissioners . secondly , the apprentices were all unarmed , without swords or sticks in their hands , and not above one thousand or two at most : whereas the army were all furnished with swords , muskets , pikes , pistols , armes , staves , and a train of artillery , and marched up with banners displaied in a body of fifteen thousand fighting men or more . thirdly , the armies force and violence proceeded from their own mutinous disposition , and the personall malice of some of their chief officers against the xj . eminent members , and others who crossed their private designes , without any just provocation , or preceding president of such a force and rebellion in any other of the parliaments armies . but the apprentices force as it was successive too , so it was encouraged and occasioned by the armies to revive the ordinance for the cities new militia , passed by unanimous consent of both houses when full and free ; which the generall and army had forced the houses to repeal when thin , and under their power and terror , against the rules of honour and iustice before one quarter of the time for which they setled it was expired , without any notice given to the city or new militia , or charge or exceptions against them , to which they might make answer . fourthly , the generall , councel and army in a forcible manner impeached divers eminent members , forced their withdrawing suspention , and expulsion from the house , and never desired till they had driven them out of the house and kingdome : which done , they pressed a new purging of the houses from many other members , under pretence of malignancy , and their compliance with the king and his malignant party , even when and whiles themselves were complying and holding treaties with the apprentices , never impeached , nor pressed the suspention or exclusion of any members , nor kept any one member forcibly out of the houses , but onely kept most of them in till they had granted their petition , and repealed the ordinances and votes which the army had forced from them some three daies before . fiftly , the army menaced and forced the houses in and by sundry printed treasonable declarations , remonstrances , manifestoes , letters , and representations ; published to withdraw the city and country from , and animate them against the houses and members , for divers weeks and monthes together ; and when their first demands , as soldiers , were all granted ; yet still they insist on new and higher demands as subjects and statesmen . whereas the apprentices force was soon ended , and they did no such thing , and desired nothing but what immediately concerned the city and themselves . sixtly , the army and their grandees by letters and menaces induced and forced the speakers and some members ( contrary to their trust and duty ) to desert the houses and repaire to the head quarters , and there to enter into a strange engagement , to live and die with them in their quarrel against the impeached members , and others who deserted not , but continued in the houses , and the citizens who adhered to them . and by a treasonable declaration august 18. they declared all the votes , orders and ordinances made in both houses without any force from iuly 26. to august 6. to be null and void ; and by putting their own two armed guards upon the houses , by a party of 1000 horse drawn up to hide parke , and with cromwells , iretons , and other officers , menacing high speeches in the house , they enforced the houses against their former resolutions to passe an ordinance to declare them null and voide ; threatning to take all the members of both houses that sate and voted in the speakers absence as prisoners of war , to try them by martiall law , and pull them out of the houses by head and shoulders if they presumed to intrude into the houses , &c. by which occasion they forced away many of the remaining members , and by force obtained their desires . the apprentices never did any thing half so forcible and treasonable , as these matchlesse affronts and insolencies of the army . seventhly , the chief contrivers and abetters of the armies violence and force against the houses and members , were perfidious degenerated members both of the army and commons house , who acted and plaid their parts in both for their best advantage , as cromwell , ireton , rainsborough , harrison , fleetwood , with other officers who received their commissions and wages too from the parliament , and therefore were obliged more then others to obey , and not thus openly to force , affront , and rebell against them . whereas none of the apprentices were members , nor any of them in commission or pay as mercenaries or servants to both houses . their force therefore upon the houses in these , and many other respects being far more horrid and treasonable then the apprentices , and the occasion of theirs ; they ought in law and iustice to be first , and most exemplarily punished ; the rather , because they still persist therein even in this their last representation of december 7. ( as high and treasonable as any of their former papers ) whereas the apprentices ended in few howers , and was never since revived . in brief , their own dear friend , mr. oliver st. john , his majesties sollicitor generall , in his argument of law , concerning the act of attainder of high treason of thomas earle of strafford , at a conference in a committee of both houses of parliament , published by order of the commons , an. 1641. directly proves the general , lieutenant generall , councel and army , more guilty of high treason in levying war against the king , kingdome , parliament , and now listing and quartering , and sessing soldiers upon the people in their own houses against their wills since the votes for their disbanding , then ever strafford was ; his argument being an expresse arraignment and attainder of them , and these their late proceedings , ex post facto , as those who shall review it will at first discern . and if his argument passe such a sentence against them , the whole kingdome cannot but judge them guilty . finis . notes, typically marginal, from the original text notes for div a56146e-110 * see their declaration for disbanding the army . 28. may 1647. * the xi accused members answer to the particular charge of the army . p. 10. 11 12 : 13. a vindication of 167 officers come off from the army . the agitators letter to l. g. cromwell , march 30. the armies engagement . * of iune 8. 10. 14. 17. 20. 23. 27. iuly 1. * the lord mountagues letter & narrative iune 8 mr rymes his narration to the house of peers . iune , 17. 1647. * see the let●…r and re●…onstrance ●…om his ex●…llency and ●…e army p. 9. 1 rather the armies reb●…lion against the houses . 2 it seems the army n●… rank themselves in equip●… with the parliament : and i●… their lenity , not justice , t●… we enjoy our lives and est●t●… 3 your force upon the h●●ses and their members , was more horrid then the appr●●tices ; yet continued even and in this treasonable i presentation . 4 your engagements no 〈…〉 disband , &c. were far m●●● treasonable . 5 it is more presumptio●… you and your cromwell , ire 〈…〉 thus to tax the house members , then for these to●… in the house , being not ●…peached : and no such t●…tors , as these your grandee●… 6 the worst of them is betand honester then cromwell , ireton , or the best of you , put●cy projects be true . 7 onely the speakers and ●embers who signed the en●●gement are concerned in 〈…〉 s aff●ire , as well as you , not 〈◊〉 houses . * ●…er . 5. 28. * ●…ee the pu●●… projects : 〈◊〉 a word to 〈◊〉 g. cromwell ; ●●ich fully de●●nstrate it . * psal. 140. 1. * psal. 140. 11. psal. 7. 16. pendennis and all other standing forts dismantled: or, eight military aphorismes, demonstrating the uselesness, unprofitableness, hurtfulness, and prodigall expensivenes of all standing english forts and garrisons, to the people of england: their inability to protect them from invasions, depredations of enemies or pyrates by sea or land: the great mischiefs, pressures, inconveniences they draw upon the inhabitants, country, and adjacent places in times of open wars, when pretended most usefull: and the grand oversight, mistake, injury in continuing them for the present or furure [sic] reall defence of the peoples lives, liberties, estates, the only ends pretended for them. / penned by william prynne of swainswick, esquire, during his close imprisonment in pendennis castle. and now published for the common benefit, ease, information of the whole nation. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91238 of text r203277 in the english short title catalog (thomason e896_5). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 97 kb of xml-encoded text transcribed from 24 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91238 wing p4028 thomason e896_5 estc r203277 99863277 99863277 115467 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91238) transcribed from: (early english books online ; image set 115467) images scanned from microfilm: (thomason tracts ; 135:e896[5]) pendennis and all other standing forts dismantled: or, eight military aphorismes, demonstrating the uselesness, unprofitableness, hurtfulness, and prodigall expensivenes of all standing english forts and garrisons, to the people of england: their inability to protect them from invasions, depredations of enemies or pyrates by sea or land: the great mischiefs, pressures, inconveniences they draw upon the inhabitants, country, and adjacent places in times of open wars, when pretended most usefull: and the grand oversight, mistake, injury in continuing them for the present or furure [sic] reall defence of the peoples lives, liberties, estates, the only ends pretended for them. / penned by william prynne of swainswick, esquire, during his close imprisonment in pendennis castle. and now published for the common benefit, ease, information of the whole nation. prynne, william, 1600-1669. [6], 15, [1] p., 17-24 leaves, 25-32 p. printed for the author, and are to be sold by edward thomas in green-arbour, london, : 1657 [i.e. 1656] the page after p. 15 is numbered 8. annotation on thomason copy: "dec: 5"; the 7 in the imprint date has been crossed out and replaced with a "6". reproduction of the original in the british library. eng england and wales. -army -early works to 1800. standing army -early works to 1800. military bases -great britain -early works to 1800. a91238 r203277 (thomason e896_5). civilwar no pendennis and all other standing forts dismantled: or, eight military aphorismes,: demonstrating the uselesness, unprofitableness, hurtfuln prynne, william 1656 16716 191 0 0 0 0 0 114 f the rate of 114 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-02 apex covantage keyed and coded from proquest page images 2007-03 mona logarbo sampled and proofread 2007-03 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion pendennis and all other standing forts dismantled : or , eight military aphorismes , demonstrating the vselesness , unprofitableness , hurtfulness , and prodigall expensivenes of all standing english forts and garrisons , to the people of england : their inability to protect them from invasions , depredations of enemies or pyrates by sea or land : the great mischiefs , pressures , inconveniences they draw upon the inhabitants , country , and adjacent places in times of open wars , when pretended most usefull : and the grand oversight , mistake , injury in continuing them for the present or furure reall defence of the peoples lives , liberties , estates , the only ends pretended for them . penned by william prynne of swainswick , esquire , during his close imprisonment in pendennis castle . and now published for the common benefit , ease , information of the whole nation . habak. 1. 10. they shall deride every strong hold , for they shall heap dust , and take it . hosea 3. 14. iudah hath multiplied fenced cities , but i will send a fire upon his cities which shall devoure the palaces thereof . 2 chron. 12. 4. and he took the fenced cities which appertained to judah . dan. 11. 15. the king of the north shall come , and cast up a mount , and take the most fenced cities ; neither shall there be any strength to withstand . ezeck. 26. 11 , 12. he shall slay thy people by the sword , and thy strong garrisons shall go down to the ground : and they shall make a spoile of thy riches , and make a prey of thy merchandise ; and they shall break down thy wals , and destroy thy pleasant houses , and they shall lay thy stones , and thy timber , and thy dust in the middest of the water . london , printed for the author , and are to be sold by edward thomas in green-arbour , 1657 ▪ to the ingenuous reader . during my neer 3 years causeless close imprisonments , ( without the least accusation , hearing , crime , then or since suggested against me ) by john bradshaw and ●his whitehall associates , in the since slighted disgarrison'd castles of dunster & taunton in sumersetshire , and yet continued garrison of pendennis castle in cornwell ; i had severall discourses with their officers and souldiers ( who , though seeming zealous professors of the gospell , i found very unwilling , * to beat their swords into ploughshares , and their spears into pruning hooks , and not to lift up a sword against any christian nation , nor to leavy wars any more , as the god and gospell of peace prescribe them ) concerning the vselessenesse , hurtfulnesse , and prodigall unnecessary annuall expensivenesse of those and other standing forts , garrisons , in-land and maritine , both in times of warr and peace , as being unable to defend the realm , or countrey round about them from invading forraign enemies , or pillaging pyrates , much lesse any parts of the kingdome remoter from them , and drawing many intollerable pressures , mischiefs upon the inhabitants in or near them , and on the whole nation ( especially in times of hostility when pretended most beneficiall ) infinitely over-ballancing all the advantages that could be alleadged either for their originall erection , or future continuation , if duly pondered in the scales of right reason . which being a theam never yet ( to my knowledge ) publickly debated in print , tending much to the common ease and benefit of the whole nation from these unnecessary pests and burdens , i did thereupon in my dark pendennis cell ( where i had few books and lesse light to read ) in september 1652. to passe away idle hours , digest the substance of my discourses against forts , and garrisous ( to which i could receive no satisfactory replies from any officers or souldiers ) into these ensuing aphorisms , which i sent from thence to a since deceased friend in london . where gods providence ( after his death and my enlargement ) unexpectedly bringing them to my hands , i was thereupon induced to make them publick ; humbly submitting them to the serious consideration , approbation , or correction of every candid reader , and publick spirited statesman , sword-man , preferring the commonwealth , ease , interest of the over-exhausted nation , before his own personall pay , honour , command , and self-respects . a very rare vertue in this self-seeking age ; wherein few christian souldiers can truly say of themselves , as the thebaean christian legion under dioclesian the emperour did ; * offerimus nostras in quemlibet hostem manus , quas sanguine innocentium cruentare nefas ducimus . dextrae ipsae pugnare adversus impios & inimicos sciunt , laniare pios & cives nesciunt . meminimus nos pro civibus potius quam adversus cives arma sumpsisse . pugnavimus semper pro justitia , pro pietate , pro innocentium salute ; haec fuerunt hactenus pretia periculorum . pugnavimus pro fide , quam quo pacto censeruemus tibi , si hanc deo nostro non exhibemus ? and wherein we may justly take up the apostles sad complaint in his time , as suited to ours , phil. 1. 20. 21. i have no man like minded , who will naturally care for your estate : for all seeke their own , not the things that are jesus christs , or things really tending to the publick liberty , ease , wealth , and happinesse of the nation ; pretended to by all , for self-advantages alone ; but sincerely intended , endeavoured by few or none , if vox populi , or dei , may be credited . accept and peruse this treatise ( i beseech thee ) as a new light , springing out of darknesse , first compiled , and now divulged , onely for the generall ease and welfare of our english nation , by him who hath ever studied , to promote gods glory , and his countries publick liberty , interest , ease , more than his own private safety , or self-advantage , and desires to live no longer then he shall manifest himself upon all occasions to be , lincolns inne . december 6. 1654. his native countries faithfull freind and servant , william prynne . errata . pag. 4. l. 25 ●lay . r. stay . l. 28. r. rovers . p. 5. l. 10. if of . p. 32. l. 11. pruda penda ▪ margin . p. 27. l. 7 ▪ gul. nubrig ▪ l. 10. ecclesiae . l. 14. bromten . ( 1 ) eight military aphorisms ; demonstrating the uselesness , unprofitableness , hurtfulness and prodigal expensivenesse of all standing english garrisons to the people of ●ngland ; their inability to protect them from enemies invasions , depredations by sea or land , the great mischiefs they occasion in peace & open war , the oversight , injury of continuing them at the peoples excessive expence , ( or any other mercinary land-forces for the present or future real defence of the peoples persons , liberties , laws or estates . ) though garrisons in three or four of our greatest , richest , strongest cities ( which are as so many magazenes and places of refuge ) may in some respects be necessarie and convenient in times of war ; especially when guarded by the cities own arms and forces yet that our ordinary standing mercenary garrisons ( especially in small castles and blockhouses ) are not only altogether uselesse , but most dangerous , oppressive and mischievous grievances to the nation , both in times of war and peace , i shall briefly evidence by these ensuing aphorisms . 1. that the principal use , end of garrisons is onely to keep a * forraign conquered enemy or countrey in constant subjection and contribution to the conquerers ; therefore not to be contniued in our own free nation by those who pretend its freedom and enfranchisement from bondage , unlesse they resolve to make us their conquered vassals and ●ributaries , instead of english-freemen . 2. that all garrisons , castles , forts & block-houses throughout england if their works and fortifications were demolish't , would be nothing else but meer despicable , worthless , barren hills , or clods of earth , scarce worth two hundred pounds a yeer at their best improved value ; which no wise state●man or enemy , upon due consideration , would either value , look after ▪ or go about to fortifie , more then those many thousand unfortified rocks , hills upon the sea-coast or in inland counties , which any forraign or domestick enemies might , with as much advantage to themselves , and prejudice to the nation , soon fortifie and garrison with ●ase and advantage , if they would bestow so much charge & pains , as on those now fortified & furnished to their hands at the peoples cost , if once but masters of the field ▪ wch for●s would stand the enemies in no more stead , if now sleighted , then any other unfortified hills , rocks , or those garrison'd hills and rocks would do before they were fortified and garrison'd , being altogether as unuseful , unable to defend or secure the nation and people near them from the invasion● , plunder● , conquests of any po●ent enemy or party stronger then these petty garrisons , as any other unfortified , ungarrison hills or rocks throughout the island of like , or as strong a situation , and really serving only to defend the bare mercenary garrison-soldiers in them ; and the barren rocks , hills alone whereon they stand , not the whole nation or counties adjoining , in time of such invasion , danger , till they be either taken by , or surrendred to the prevailing party & enemy . therefore to put the nation , countrey to a vast annual expence of many thousand pounds each yeer to fortifie , furnish and man such garrison'd fruitlesse rocks and clods of earth , ( not worth 200. l. a yeer at utmost value ) which can neither secure the whole island nor people near them from forraign or domestick , enemi●s , and to continue them garrison'd at such a prodigal expence , is as great a solecis● , mad●ess● , prodigality in true martial & state politicks , as it would be ill countrey husbandry for the whole nation or private statesmen to bestow one hundred thousand pounds every yeer in planting , sowing the hills and rocks whereon these garrisons now stand , to reap a barren crop only of 200. l. a yeer at most ; which ( as they are now garrison'd ) yeild them not one farthing towards the pub●ike ●evenue , and yet have cost the nation very many thousand pounds out of their purses every yeer , to no use or end at all , but to cast away so much money on lazie garrison-soldiers , to smoke t●bacco , and cry one to another , who goes there ? ( as if we had stil too much mony in our dry-dra●n●d-purses ) and to continue them at this grand charge , only because the island and places near them , might be endangered , if slighted , & their ruins supprised regarrison d by an enemy ( who wil never certainly be so mad or sottish , as to fortifie any slighted garrisons , unlesse able to defend them against the whole nation ) is as grosse an absurdity , as to argue ; we must forthwith fortifie , garrison , all other advantagious sea-●oasts , rocks , hills , ●asses in england , because else any enemy might master , seise and fortifie them to the nations , peoples danger , damage ; and repair , fortifie all old late demolished castles , forts , block-houses , upon the same reason and accompt , ( which all the indian mines would not suffice to garrison ) 3. that england being subject to the forraign invasions , depredation● of enemies or pirates , only by sea with ships , which no fixed land-garrisons can incounter , assault , board , take , sink , or pursue from place to place , nor hinder from landing under their noses , if stronger then they ; muchlesse in any other place out of their command ▪ ( as is undeniable by our ancient seising of cadez and sundry townes , garrisons in the indies by sir francis drak , & others , and our late invading and taking in of the isles of silly , gersey , ga●nsey , the barbadoes and scottish island● , without the losse of any one ship , and of very few men , notwithstanding all their bl●ckhouses , forts , garrisons , for to secure them they are altogether useless prodigalities ; our victorious puissant navy being the sole , best , sufficient defence against them , and only able to resist , take , sink and surprise them : that england ( as mr. cambden and † others write ) being 1836. miles in compasse , all invironed with the sea , except for some few miles space next to scotland ; it is as great a mistake in point of state-policy & as grosse an absurdity in military-skill , to assert or believe , that 40. or 50. standing garrisons , forts and block ▪ houses , distant sundry miles one from the other , not taking up or securing 40. whole miles of this vast circuit , and leaving no lesse then 1800. miles thereof , and near as many ●an●ing places for enemies and rovers open to their invasions ; without any defence at all , can hinder either their landing or pillaging , or secure the island from invasions , by any considerable fleet and forces now , which they never could do in former ages , as its frequent invasions and conquests too by the romans , saxons , danes , normans and others , notwithstanding all our ancient castles and garrisons attest . and to continue them for this very end upon the impoverished nations drained-purses , by imposing unusual , unsupportable taxes , excises on them for their support , is as grosse a conceit , as to assert , that the garrison and guns in dover gast●e can forciblie keep off any forraign fleet of enemies or pirates from landing or plundering at the lands-end , lizards poin● , or whitsand-bay in cornwall , or at st. davids in wales ; or ▪ that the fortifying of the tower of london alone , or the uselesse block-●ouse● at graves-end ( which can neither slay , hurt nor sink any resolute ship or vessel , much less an whole fleet in a sunshine-day , nor yet discern them in a mist or darksome night , and can discharge their guns at them only at roves but once at most , with more expence of powder and bullet to the state , then harm to the vessels they shoot at ) will hinder a whery-boat or navy fraighted with soldiers at brainford from landing in ●u●●le-fields or vvindsor ; or the guarding and locking up of crippl●-gate alone , hinder an whole army or br●gade from entring into london at newgate , or any other gate of the city , though they all stood open , unguarded , & though all its walls and works ( like the late line about it ) were levelled to the ground . yea , as vain 〈◊〉 state , a military policy , as formerly to have built a fort onely at tyburn to secure all london , westminster and southwark , against the late kings army , without drawing any line of communication round about them , or placing any other guards then those in tyburn fort for their defence against them ; or to have placed a single company of the london militia at vvhite-chapp●l , to guard both houses whiles they sate at westminster , without auy other guardians to secure them nearer hand ; it being both vanity and folly to fortifie only one inconsiderable part of a town or garrison ( and so if the island ) if all therest be unfortified , and lie alwaies open to all enemies invasions without defence . 4. that in all times of publick peace , or when and whiles there is no enemy near , it is peace it self alone , and want or absence of enemies that secures the peoples , nations persons estates from danger , plunder ; not garisons or field armies ; which cannot universally protect their lives or goods in all places and at all times , when there is any open war or enemie in the field , as peace alone always doth , and will do still , without cost or trouble : therefore it must needs be very ill hu●bandry and no good state-●olicy [ in these or other times of inland p●ace ] to keep up land-forces and garrisons throughout the nation at the peoples intolerable costs , now there is no enemie at all in arms amongst us , to protect the peoples persons and estates from spoil and danger , when as our very peace it self and want of armed enemies , doth and will absolutely secure them both , without any charge at all , or either of these costly lordly superfluous guardi●n● ; which could not secure the greatest part of the nation from the late kings forces , power and plunder in times of ●●r nor yet the kings forts , his friends or quarters from the parliaments forces . 5. that in times of open war , no garrisons throughout the nation can secure themselves and those within them against a puissant army , or any party stronger then these garrisons ; which will soon * take them by force , stratagem , composition ; or for want of provision , ammunition , and ot her necessaries ; or by 〈◊〉 reachery or mutiny within themselves , unless timely relieved by a ●arching field-army able to raise their seiges , as late experience and all histories attest : yea oft-times a small party , far less and nothing so numerous as those garrisons , by some stratagem of war , sodain surprize , or through security or negligence of the garrison soldiers , or by the casual death of some eminent commander ; unexpected forcing of a passe or routing of some of the garrison soldiers in their sa●l●●s ▪ and entring with them in their retreat ; the successful springing up of some mine ▪ the blowing up of a magezine ; the stopping of all provisions for their relief , advantage of ground ▪ divisions amongst the garrisons , treachery , bribery in officers , soldiers , centinels , or townsmen , and a thousand other casualties , have in all former ages ( and will hereafter do the like ) conquered sundry strong garrisons throughout our three nations , and in all other parts of the world : besides no garrisons in our nation , without the assistance of a field army , either are or ever were yet able to protect themselves by their own strength against any powerful enemies seige , who resolved for to gain them , in times of war . it can be therefore little less then apparent folly or frenzy for us , to perpetuate and maintain them still at so vast a charge in these times of in-land peace throughout the nation , to protect and secure the whole land or country about them ; being thus unable to defend and secure themselves in the heat o●●war from foreign or intestine enemies . 6. that garrisons both in times of peace and war , are so far from being a benefit , safeguard or protection to the whole nattor , or to the inhabitants within them , the country about them , and the contributers towards them ; that in truth they are commonly their greatest grievance , oppression , loss , damage , mischief , and frequent occasions of their u●ter ruine both in peace and war , as shall be evidently demonstrated for our soldiers , state●-men , and nations future in formation , and speedy suppression of these grandest grievances , by these particulars . 1. in all times of peace , they put the whole nation , inhabitants , country , to an excessive prodigal expence of moneys , which would be better imployed in relieving and setting poor people on work , advancing trade , manufactures , merchandize , improving lands , and supplying the peoples particular occasions ; to all which , and the better relief of maimed soldiers , their continuance is and will be still extreamly prejudicial : they much impoverish , grieve , oppress , discontent the people by endless taxes , excises to maintain them ; by billeting , quartering , and oft-times free-quartering the garrison soldiers on them ; by the frequent mutinies , misdemeanors , abuses , outrages of garrison soldiers , and lordly imperiousnesse of their governors and officers , over-topping , over-ruling , and sometimes abusing in many places the nobility , gentry , ministry , and civil magistracy , as well as common people ; and interrupting the course of justice , by protecting both themselves and their soldiers from arrests and executions for just debts , duties , trespasses to the people ; by entertaining , listing and detaining children against their parents , servants and apprentices against their masters , husbands against their wives and families good wills , to their great grief and prejudice ; by keeping of many thousands of able , young , lusty men in meer idlenesse , spending their time in eating , drinking , gaming , whoring , sleeping , lewdnesse , or easie uselesse duties day and night , onely to gaze about them ; to call to one another , stand , &c. and to spend much match and powder to no purpose , but to waste them and our treasure in complements ; and in the mean time robbing the nation of the benefit of their honest painful labors in their callings ; by their frequent running away upon discontents or misdemeanors● , leaving their wives , children , and not a few great bellies and bastards on the inhabitants and countries charge ; running into their scores and debts for quarters and necessaries , and then departing without payment of them ; by infecting the inhabitants and country with the vices , errors , blasphemies , sins , corruptions , diseases of the worst and deboysest soldiers ▪ by occasioning many murders , men-slaughters , blood-sheds , quarrels , brawls , robberies , thefts burglaries , dlsorders , oppressions , drunkennesse , idlenesse , gaming , whoring , swearing , neglect contempt of magistracie , ministry cods publike ordinances , sacraments , sabbaths disturbances of our ministers and publike assemblies in and near the garrisons by dangerous practices to undoe or vex many innocent persons , which else would be prevented ; by hindring peoples free ingresse into , and egresse out of garrisons about their urgent occasions , concerning which their centinels , corporals , governors strictlie interrogate them ex officio , and force them to dance attendance on them sometimes many hours space ▪ to extort beer or money from them before they can passe or repasse about their businesse ; by searching the houses , studies , seising the persons letters , writings of divers persons by their own bare authorities or others unlawful warrants ▪ against all law and the peoples native freedom upon feigned pretences , causeless jealousies , idle rumors vain fears , and sometimes secret conspiracies against their very lives and estates , which are made a prey to these soldiers : by sundry other abuses , in seising their arms . birding and fowling piec s , moneys plate , horses , goods ; and impresting their horses , ploughs carts upon needless , or wrongful publike or private occasions and pretences . in all which , and sundry other respects they are extraordinary grievances to the nation , garrison'd places and countrey adjoining even in time of peace . therefore not to be continued upon any vain pretence whatsoever . 2. in times of war , when they are pretended most necessarie , they are then most chiefly prejudicial , pernicious , destructive both to the whole nation in general ; the places garrison'd ; the adjacent country and all contributing towards them , as these experimental demonstrations will undeniablie evidence against the erroneous opinions and practise of all pseud●-politicians and soldiers contrary pretences , wherewith they delude , yea , cheat the ignorant people : for , in times of actual wars ( especially civil , when they are most pernicious ) they bring a general mischief on the whole nation , and that in these respects : 1. by length ning and drawing out their intestine wars with the plagues and miseries attending them , for many yeers space , as our ancient and late wars manifest ) by a tedious and successive seige of their garrisons , till reduced ; to the great waste , spoile , destruction and impoverishing of the people ; the innumerable increase of fatherlesse children , widdows , poor and maimed persons , the slaughters , deaths of thousands more then if there were no such garrisons . 2. by multiplying the peoples taxes , expences , to furnish and maintain these garrisons , and raise , pay a great field army besides , for these garrisons security , which would be a sufficient safeguard to the nation without them . 3. by lessening the number , weakning the strength , substracting the military provisions with all other supplies and recruits of the field armies , in whose good or bad successe , strength or weaknesse , the safety or ruine , preservation or conquest of the nation ( next under god ) doth alone principally consist ; and whose victories or ill successes the whole nation , with all garrisons usually do , will and must of necessity follow ; their garrisons being unable to defend them from plunder , total and final conquest , if their field armies be quite routed or destroyed ; which would speedily end the wars by pitched battels in the field in a few dayes , weeks , months at furthest , were it not for besieging and taking in garrisons , which ( through the artifice of mercenary o●ficers and soldiers ) protract the wars for many yeers , and continue the plagues and miseries of war upon the nation far longer then if there were no garrisons in it as , ancient and present experience must and will attest . 2. they are in times of actual war most prejudicial to the towns and places garrisond in these ensuing regards . 1. by doubling , trebling their taxes , contributions , payments , charges to new fortifie and furnish these garrisons with ammunition , artillery , cannons , provisions , magazines of all sorts ; augmenting their mercenary guards and soldiers by hundreds and thousands in some places , to their great impoverishing and vexation ; and that oft times , to betray them to the enemy at last ; yea , to lose those garrisons in a few dayes or howrs , which they have thus ( to their vast expence and trouble ) been fortifying , furnishing , guarding many moneths or yeers space together , as the late presidents of bristol , hereford , with other garrisons belonging both to the king and parliament in england , ireland , scotland and elsewhere , demonstrate ; and the histories of all ages , countries testifie . 2. by continual billetting ▪ quartering and free-quartering the garrison soldiers and officers on the inhabitants , within or near the garrisons , to their great oppression , vexation ( superadded to their taxes ) oft times to their utter undoing . 3. by drawing the field-forces likewise into them , and free quartering them all the winter long , or when they are out of action , for their better accommodation and safety , to add to their former affliction ; and by continual uncessant qnartering of other marching soldiers on them upon all expeditions , parties sent out upon emergent occasions ; from which heavy pressures , ungarrison d places and villages remote from garrisons , are either totally exempted or ten times more free then garrisons ; which would be as free as they , were they not made garrisons . 4. by exposing them to all the forementioned mischiefs and inconveniences of officers and garrison soldiers in times of peace ▪ doubled and trebled in seasons of warre , when the soldiers are farre more unruly , deboist , injurious imperious over them in all kindes then in peace . 5. by inviting , inducing or necessitating the enemies forces to besiege , and inflict upon them the saddest calamities and plagues of war , from which ungarrisoned towns , and places far from garrisons are usually exempted ; or not so liable to , especially in civil wars . to enumerate some particular miseries accompanying seiges . 1. burning , wasting , destroying their own suburbs , neighboring houses , villages , orchards , gardens , trees in or near their garrisons , walls or works , and that frequently by their own officers and garrison soldiers , to prevent the enemies quartering in them or some annoyances from them ; or to contract their works for their better and easier defence of what remaiins unburnt or unwasted , to the undoing of hundreds and thousands , left houslesse and harborless by this inhumane policy , as bad or worse then any enemies rage ; as the sad late presidents of the firing the suburbs of bristol , excester , taunton , lincoln , york , colchester , and other garrisons , experiment ; with some stately houses , and whole villages adjoyning to them : to which may be added , the like frequent furious devastations of them by the enemies , if spared by themselves . secondly , losse of all trading , commerce ▪ and markets , during the leaguers about them , when they need them most of all . thirdly , perpetual fears , alarms , disturbances , watchings , frights , day and night ; continual hard military duties and skirmishes with the enemy , even by the inhabitants themselves at their free cost , notwithstanding their hired , dear-waged guardian soldiers to secure them . fourthly , forcible seisures of the inhabitants houshold-provisions of all sorts , with their beds , bedding , arms , money , plate , to feed , lodge , arm , pay , their mercenary servants ( then in all things , their most absolute lording masters ) who extort and will take from them and theirs all they have , of purpose forsooth to protect them , though those their protected pay-masters and their whole families starve , lye cold or naked on the boards , want money to buy them bread , necessaries , or lie sick in greatest distress . fifthly , the losse of many of the inhabitants lives by assaults , granadoes , fire-works , sallies , shots , wounds , famines , plagues , feavers , and other sicknesses ( usually accompanying sieges and wars ) by invented false accusations , suspitions of holding intelligence with the enemies , or plotting to betray the garrison to them ; by suddain fears , frights , discontents , firing or beating down houses , springing of mines , and the li●e , during their seiges ; in many whereof if sharp or long , or accompanyed with plagues and sicknesses , above half the inhabitants or more have frequently been quite consumed , and the rest utterly undone , though the enemies left the seige at last . sixthly , the wounding , maiming , loss of limbs of many of the inhabitants , multiplying of their poor widows , desolate orphans by seiges , and their new charge to relieve them . seventhly , the total banishment , captivity , slaughter and extirpation of all the inhabitants and mercenary soldiers too in garrisons , if taken by storm or assault , by putting them all to the sword , man , woman , and childe , without distinction , or the greatest number of them , and carrying the rest captives thence , whereof there are hundreds of sad presidents in * sacred and prophane history . the famous protestant town of magdeburgh in germany , of late years was by bloody general tilly , put totally to the sword , and then burnt to ashes : and tredagh in ireland , though for the most part protestants , always constant to the parliament , enduring many long and sharp seiges by the irish popish rebels ; yet submitting to marquesse ormond ( a sincere protestant , formerly general for the parliament in ireland , and then for the king ) and receiving a garrison from him at the last , when their governor entred into an offensive and defensive league with owen roe-oneal ( the general of the popish rebels ) their greatest enemy , and chief contriver , fomenter of the irish massacre and rebellion ; upon the late taking of it by storm , most of the inhabitants were thereupon put to t●e sword , without distinction , together with all the garrison soldiers , by gen. cromwel himself and his forces , to the great grief of many good protestants there ; which fatal desolation and total destruction they had all escaped , had they not been a garrison . eightly , the total demolition and burning to the very ground , of sundry private garrisons , castles , strong magnificent houses of ancient nobles and gentlemen , and of some fair churches too , when taken ; whereof our late wars have produced many sad spectacles , as rag land castle , basing house , rowden house , cambden house , litchfiel● clos● , banbury , pomfret castles , with sundry more : and which is yet more grievous , the burning to the ground , and total desolation , depopulation , ruine of many great famous garrisons , cities and towns ; as troy , jerusalem , tyrus , athens , with hundreds more ; and of the best and greatest part of other stately cities , never since repaired , re-peopled , whereof * sacred and prophane stories of former ages , our own annals , and late experience can furnish us with multitudes of sad presidents : which fatal subversions , devastations , they had all escaped , had they not been garrisoned and stood out a siege . ninthly , the total spoil , plunder , confiscation of all the inhabitants goods and estates ( if not their lives ) to the enemy , if taken by assault or stratagem , to their universal undoing ; and yet putting them to future fines , ransoms , and heavy taxes afterward , to buy their peace , or save them from the general subsequent plunder of all not formerly spoiled by the soldiers ; all which they had escaped , if un-garrisoned . tenthly , the unavoidable reception of greater , and usually worse domineering new garrisons from the conquering enemies ; oft spoiling , plundering , firing ransoming , executing the wealthiest of the inhabitants ( notwithstanding all articles of agreement for their indempnity and security ) though taken by surrender onely , not by storm ; which articles are usually much violated , and very seldome kept by faithlesse , greedy , rude , plundering officers or soldiers , who add affliction to affliction , and a new undoing to the old ; to whose new lording lawlesse power , orders , pleasures , government , the inhabitants must all submit , or else they & their families must be forthwith banished out of their native habitations , as enemies , stript naked of all they have , and forced to wander cold & naked about the countrey like vagrants for bread , clothes , relief , houseroom , which they plentifully enjoyed before , to the breaking of their hearts , and shortning of their lives . eleventhly , these garrisons are oft taken & re-taken over and over ▪ and so as oft plundered , re ▪ plundered , spoiled , ransomed , and new garrison d by both sides yea those of them who were protected as friends and favorites to the one side , are sure to be most spoiled , plundered , oppressed , persecuted by the other ▪ and to suffer thus in their successive turns till they be quite undone and ruined by their frequent takings and re-takings on both sides ; as bristol , exeter , with other places ▪ have found by late sad experience : the vicissitudes and miseries of these garrisons never ceasing till their wars and garrisons cease , and they became no garrisons . twelfly : if any besieged garrisons escape taking in the wars by seige ( as gloces●er , hull and l●me did in our late wars ; but scarce any else ▪ ) yet , as it was more through gods mercy , and the valor , vigilancie and strength of their own inhabitants and other volunteers then of their hired mercenaries ; so the length of losses and damages by their very leaguers , did more indammage , impoverish them , then an honorable composition with the enemy at first , or the leaving their towns quite ungarrison'd would have done ; besides their exemption from all those fears ; hardships and other miseries accompanying their leaguers . there was no garrison in the late wars throu ghout the nation , but if left ungarrison'd by either side , might with the quarter or half quarter of its unnecessary expences to make and keep it a garrison , have avoided all the miseries , losses , devastations , plunders , pressures it suffered as a garrison on both or either side , without an● great danger or pillage to the inhabitants , persons or estates by either side : and half the charges of our garrisons on both sides , would have defrayed the whole charges of both the field armies , and ended the wars in far lesse then half the time they were protracted by means of garrisons . in brief , our small castles and garrisons even in times of wars , are , & can be no defence at all , but great oppressions and grievances to the people and countrey ; our great garrisons are then but small defences and greater burdens and grievances to the people then smaller ; yea , all of them after all their fortifications , costs & expences , are , or may be taken by * forc● , stratagem ▪ famine or treachery at the last , by any enemy who is but master of the field ; witnesse the strongest of cities , ●yrus , ezek. 26. and ierusalem gods own most fortified city , of which the prophet thus writes , lam. 4. 12. the kings of the earth and all the inhabitants of the world would not have believed , that the adversary and the enemy should have entred into the gates of jerusalem ; yet was it often taken , pillaged , dismantled and burnt by the enemies , 2 chron 12. 4. &c. 2 chron. 36. 7 , 10 17 , to 21. yea , our own garrisons were the principal seats , theaters of all our former and late wars , epsecially when besieged by either party : whence a siege is usually termed le-guerre , from the f●ench , that is to say , the war ; because there is no war to speak of , till then : battels in the field being fought and ended usually in half a day or lesse , and oft within one hour or two at most ; when as sieges ( accompanied alwaies with frequent skirmishes , constant batteries , sundry assaults , sallies , stormings on all hands , or in some quarter or other ) continue many dayes , weeks , months and yeers , sometimes with far greater danger and losse of men on both sides ; and are usually seconded with many skirmishes , bloody battels and incounters of armies or parties sent to victual , relieve the besieged , or raise the siege , occasioning more and greater slaughters then a pitched battel in the field alone , as all histories and experience manifest . upon all which confiderations , all statesmen , soldiers and intelligent inhabitants of garrisons , who have any brains remaining in their heads , or consciences in their brests ) must ingenuouslye ( after due deliberation ) acknowledge ; that garrisons even in times of open wars ( especially intestine ) are so far from being a benefit , blessing , security or protection to their inhabitants and owners , that they are the extreamest pressures , grievances , curses , plagues , dangers , and most destructive , desolating instruments that possible can befall them ; as bringing all the furies , plagues , miseries and extremities of war upon them in perfection , so as it were better , safer for the inhabitants of all or most garrisons at least , and more conducing to their safety in respect of bodies , goods , and freedom from all sorts of inconveniences by war , to continue disgarrison'd , and lye open to both parties armies , as countrey villages do , thereby to escape all the forementioned plagues , to which garrisons are exposed ; or else ( if there be cause ) to fire their own houses before hand , or leave them empty , and flie with their families , goods , moneys , and what else they have , into bogs , woods , rocks , caves , wildernesses ( as the the wilde irish , high-landers , scythi●ns , and all nations wanting garrisons do ) and there to secure themselves from the enemies , till withdrawn thence , routed , or the wars ended ; and thereby to save all or most they have for their own and families uses ; then unadvisedly of their own heads , or by the command of any in power over them , to put themselves to an extraordinary vast expence to erect , fortifie , furnish and maintain garrisons of mercenaries to no other purpose at all , if seriously considered ( unlesse able to defend themselves without any mercenaries or taxes , but meerly voluntary , when and where there is occasion only and no longer ) but meerly to expose themselves to all the premised calamities of war and garrisons , under a brain●esse pretext and lying imposture of defending their persons and estates from ! danger or molestation by the enemies or others , the contrary effects whereunto they ever occasion , both in peace and war . thirdly , in times of open wars garrisons bring these manifold evils and miseries on the adjacent countrey villages and contributing friends and neighbors near them , instead of any real benefit or protection from them ▪ which they neither do , will nor can afford them in their greatest needs , though they voluntarily or by co-action ( against all reason ▪ and conscience largely contribute to their fortifying and supplying for this end . 1 , upon the approach of any enemy to besiege them , these very garrisons ( their friends and protectors ) like professed enemies , oft fire their adjourning houses , cut , pull down their trees , orchards , fences , ditches , walls , pales , drive away all their cattel , carry away all their goods , money , plate , arms , houshold-stuff , with their very houshold provisions into their garrisons ; by meer violence against their wills , intreaties , cryes , tears , without any price or consideration at all , to victual and furnish the garrisons with necessaries against the siege , or else to preserve them ( before the enemies approach ) from the enemies possession or plunder , who else would seise them to their disadvantage , when as the enemies for their own better accommodation , would use them more favorably , and not plunder them half so much as these their pretended friends and new protectors . secondly , they are more frequently visited , plundred , spoiled , captivated , fined , ransomed by the enemy upon all advantages and occasions , when there is no siege , then places more remote from garrisons , and not contributing to them for protection , upon these two accompts . 1. to deprive or straiten these garrisons the more of all provisions , necessaries , supplies and contributions from them , if not totally to withdraw them from them . 2. because they accompt them their professed enemies , for being contributers , friends , neighbors to these garrisons , & so all they have is lawful plunder without dispute , unlesse they will redeem it , by fines or ransom s , or by paying as great or greater constant contributions to them and their nex t adjoyning garrisons , as they do to those , to live in peace ; being thus made a double prey to both sides , under colour of protection by and from both . an intolerable double pressure and imposition , of which our late wars afforded many experimental presidents , in most places next to garrisons ; who if the pillaging enemies be strong at any time , neither will , dare not ought ( as they hold by the laws of war to stir out of their garrisons to encounter or protect their country neighboring contributors from their plunder , even under their walls and view , for fear of being cut off , and losing the garrison to them : such notable useful protectors are they to the adjacent countrey , as not to stir one foot to help them at their greatest needs , but expose them to their enemies spoil without resistance , if unato protect themselves . thirdly , they are more frequently then any others of the country further of , oppressed , vexed , hindred , impoverished , with the seising impresting of their servants , children , ploughs , carts , horses , and sometimes taking them quite away , by both sides alike , either for publick services or private occasions , to their vexation or undoing . fourthly , they are more oppressed by laboring in , and contributing to these garrisons fortifications , carrying in their ammunition and other provisions cost-free , or for little pay & that long ere received ) constant contributions to their garrisons ; quartering , free-quartering , insolences , outrages ▪ abuses of the garrison soldiers , of marc●ing parties of the field army it self , when drawn into quarters , then any parties more remote from garrisons ▪ and their persons more oft imprisoned , beaten , wounded , their wives , children , servants , more abused , their houses more ransacked ; goods , monies , more frequently seised and taken away upon malice , jealousies , pretences by crafty knaves , officers and pillaging soldiers , then others farther off them . fifthly , when these garrisons are besieged ( as usually and frequently they are ) their pressures and miseries are beyond expression : the men , if well affected to the garrisons , are all forced by fear or otherwise from their houses into the garrisons , woods or other counties ▪ if not their wives , children , and whole families likewise , to avoid the fury , pressures , troubles , insolencies of the besieging enemies , who fill all their houses with their free-quartering rude abusive soldiers , eating , drinking up all their beer and other provisions whatsoever for man or beast , both within & without , not leaving them or their families bread to eat , or beer to drink , nor yet any bed , bolster , cushion , or ought else to rest their heads on , or straw to lie in : tread and eat out all their grasse , hay , corn standing or cut , with their horses : kill , devour , drive away all their stock , cattel , which the garrisons have left them , as good booty ; burn up all their pales , houses , wood , timber-trees , fruit-trees , for firing , & soon make them all as poor as job himself . 6. they are more frequently then any others of the countrey further off , oppressed , vexed , hindred , impoverished , as aforesaid ; and every new siege by either party reiterates the same or worse effects as the first , to their reiterated beggerie , as many late experiments fresh in peoples minds about plimouth , excester , lime , ●aunton , bristoll , glocest r , worcester , oxford , york , hull ( whose first siege produced the drowning of all the countrey round it in the beginning of our wars ) and most besieged garrisons evidence beyond contradiction ; which miseries countries void of garrisons , or remoter from them , doe not sustain ; the quarterings on them being neither so frequent , thick , long-lasting , or oppressive , as in places next to garrisons , especially in sieges . 7. in these garrison'd leaguers their gardens , grounds , orchards houses , are frequentlie destroyed , digged up , or pulled down , their trees and timber felled , their men , women , children , ploughs , carts , horses forced day after day , to toile and labour in making trenches , sconces , batteries , approacees , mines , redoubts , or carry timber , provisions , artillery , armes , and other baggage , which remoter parishes are free from ; and themselves would be so too , but for these garrisons , which occasion and enforce these sieges . 8. if the opposites field armie or strong parties from them during the sieges , approach to raise them , or to victual or relieve the garrisons , the oppressions of the adjoyning parts ate then doubled , trebled , and spread wider round about these garrisons , till the whole country , ten , twenty ▪ or thirty miles about , by the long quartering and lying of so many armies , parties upon them , and marches to and fro to take or relieve the garrisons , be quite undone and eaten out ; and so one or both armies necessitated to seek out fresh quarters ; or the garrisons taken or relieved . after this the necessitated neer-starved garrisons requiring new supplies of all sorts , if not taken , extort them from the adjacent countries , if they be to be had above ground , which addes much to all their former afflictions : and then again some other new sieges or occasions drawing one or both armies thither afresh , so soon as the miserable country people have gotten any thing about them , they are , to their endlesse vexation , exposed afresh to all the fformer miseries of wars , s●eges , and never eased of them till the garrisons either be demolished or disbanded . from all which experimentall arguments , and real demonstrations of undoubted verity , all rational men whatsoever , and no doubt the whole nation , country , inhabitants of garrisons , with all consciencious self-denying statesmen and souldiers , who really intend or affect the peoples true weal , ease , or safety ( the supream law , the prrncipal end of war , peace , garrisons , armies , parliaments , councils , magistrates , government and higher powers ) as the army-officers themselves ●emonstrated , in the very worst of their remonstrances ▪ nov. 20 1648. making it the basis of all their exorbitant unparallel●d demands therein , & of their violent proceedings in pursuit of them ever since ) will and must henceforth confesse , conclude against all erroneous opinions and practises to the contrary ; that t●e raising , fortifying and holding up of garrisons , ●ept by mercenary soldiers , even in times of civil or other wars , is so farre from being a protection , advantage , security to the nation in general , the garison inhabitants , owners of garrison'd castles , or houses themselves , or the country adjoyning to and contributing towards them ; that they are their greatest oppression● , gri●vances , calamities , plagues , burdens , vexations , damages , ●or●ures , heart-●reakings , and usually the chief occasions of their oppressio● , utter ruin● , desolati●n , devastation in war and peace ; and so in reason , justice , conscience , prudence , ought to be eternally exploded , dismantled , disgarrison'd ( as well as sundry heretofore and of late , there being the selfe same reason for all as for any ) for the nations , inhabitants , countries ease , peace , weal , and future exemption from all the forementioned evils and miseries attending them both in peace and war , without delay or further dispute , by all in present power , or by the supream authority of the people themselves in their wilful neglect or delay ▪ out of any sinister or self seeking ends or designs whatsoever , which their publike ease and benefit should outvie . 7. that in all times of civil or other wars within the nation , the true interest , safety , preservation and protection of the island and peoples persons , estates , laws , liberties , inheritances , rights , consist not in our garrisons , or any mercenary officers and ●oldiers , english or forraigners , modelled or new modelled into a field army , since mercenaries , as well domestick as forraign , in all ages have ever sought nought else but their own private lucre , honor , power , advancement to places of greatest authority , gain , trust , and frequently ( after good successe in wars ( presuming on their strength and merits ) have supplanted , subverted , suppressed , destroyed those very powers and persons who first raised , paid and confided in them for their preservation , and preferred their own mercenary officers and generals by treachery , murther , perjury and open violence to the imperial and royal thrones of their lawful soveraigns and superiors ( murdered and deposed by them ) as the * roman histories and others ; the practice of the m●maluhes — in egy● ; of alexander the great his own captains , who notwithstanding their extraordinary pretences of honor and respect unto him and his , not only poysoned himself ( as some authors write ) but murdered his own son , heir to his empires & conquests , together with his mother , wife , & all his remotest 〈◊〉 that might lay claim to his dominions by hereditary right & then divided his territories between themselves made , crowned & styled themselves kings ; and then by gods avenging justice out of covetous , ambitious spirits , warred upon each other so long , till they had all murdered and slain each other , as arrianus , plutarch , justin , curtius , diodorus siculus and dr. usher in his ecclesiastical annals of the old testament record at large ; with † other innumerable presidents abroad ; and the practice of vortigerr , heng●st , horsa and divers others at home , sufficiently manifest in all times , with scripture presidents likewise : but our real interest , protection , safety resides ( next under god ) in the nobilities , gentries , and peoples united voluntary , unmercenary defence and protection of themselves in and by their own persons , with their own arms , servants , sons , tenants , retainers , according to their respective abilities ; as appears by the politique original institution of ancient * ●enures in knight●-service , escuage , castle-guards , and the like ; the old charters of our corporations and cinque-ports , obligi●g them to finde a certain number of men and ships at their own costs , to defend the realm in times of war ; with all ancient writs , commissions , p●ecepts for arraying the people of the realm in times of war and danger , according to their tenures , estates , customs , to defend the realm and themselves from invading enemies at all times ( cited in the printed argument● concerning ship-money , and the * declarati●ns bo●h of the king and par●iament concerning the commission of array ) all former statutes concerning arrays , arms , musters ; and the old long continued practice of our ●rain'●-bard in each county and corporation , formerly reputed the nations chief ●●curity in intestine and invasive wars , with the late militia'● raised on and by each county at their own vast expence to defend it and the nation , as the best & safestguard when all sorts were commanded to serve in person , ( notwithstanding all garrisons , mercenary field-forces , and the army then and since continued ) as our fafety . and indeed common reason proves , that as every man loves and prefers his own person , family , estate before a strangers , or any others ; so he will more vigilantly , sincerely , effectually defend and protect them from enemies or dangers then a y mercenaries , how trusty and valiant soever they be . and as every true s●epherd and owner of sheep is more careful to defend and preserve them from thieves and robbers with the hazard of his own ●●fe , then any stranger or hireling whose the shee● are no● , who will s●ie and desert , or else he●p to prey upon them , and play the ●hief himself in times of danger or advantage , as christ himself resolves john 10. so every able private person , family , parish , town county , association ( and by like consequence the whole nation ) will better , cheaper , and with lesse inconveniences by far , defend and secure themselves by their own unmercenary persons & arms , voluntarily united according to their respective abilities , without any general forced taxes and illegal excises imposed and continued on them against their wills , then any mercenary officers and soldiers whatsoever , ( who making onely a trade and gain of war wil therefore spin it out as long as the nation or people have any moneys or estates to pay and inrich them ) and will sooner conclude and settle peace upon their own terms upon all overtures and occasions , then mercenaries , who neither desire nor intend our publike peace in reality but interrupt it all they may , when neer concluded , ( as in the late treaty ) with armed violence both against king and parliament . uup ▪ on which grounds our a●cestors never usually entrusted any mercenary armies , but themselves alone with their own and the kingdoms defence , scarce ever imposed any taxes on the people by publike parliamentary authority in any civil wars and very rarely ( except a subsidy , or fifteen now and then ) for the kingdoms defence against forraign invasion ; but onely for their inva●ive , de●ensive forraign wars in fr●nce or elsewhere . why then the whole nation , nobility , gentry and people of all sorts , should not now again be trusted with their own arms and self-defence , as well as in former ages , being their native priviledg● and b●r●hr●gh , their onely best security and prevention against all publike enemies and invaders , but are forced to pur their armes , lives , estates protection into the hands of mercenary officers ▪ soldiers garrisons , who notwithstanding ● their vast endlesse expences for their pay , have so often abused , violated their trusts , lengthned our old , engaged us since in successive new wars against our protestant brethren and confederates themselves ▪ and have almost eaten up all our real & personal private estates , with , the whole publike ancient inheritance and standing revenues of the nation ; let all prudent statesmen , and patrons of their countreys rights and priviledges resolve ; the rather , because our mercenary soldiers ▪ garrisons , forts , are so far perverted from their primitive use , to preserve our persons and estates from enemies and violence , that they are now made the only janazaries , goalers , goa●s , prisons forcibly to seise , imprison , close imprison the persons , ransack ●t he houses ▪ studies of the emminentest parliament member● , patrons and freemen sufferers for our publike libe●tie● , laws , propertiesr , religion ; and the onely instruments under the new guardians of our libertye ▪ , to bring the whole nation and all english freemen of full age , into perpetual wardship to these new seigniours , since the old cour● of ward ▪ for ●nfants , only till they came of full age , is quite voted down as a grievance , though not comparable unto this ▪ of men of full age ; yea , parliament members new strictest wardships and close restraints under armed garrisons and centinels of meanest quality in these garrison'd new courts of wards . 8. that maritine garrisons , forts , blockhouses at the entrance of our harbors ( as pendennis and s. mawdits castles at the mouth of falmouth haven , harwich , and others of that nature ) are altogether useless , unnecessary expensive charges to the republike , unable to hinder the ingress , egress , or regress of any warlike ship , ships , or navy into the harbors , much less to sinck them , with all their cannon-shot , which i shall thus demonstrat● . 1. in dark nights , and misty days , mornings , evenings ( which take up neer halfe the space every yeere ) they can neither clearly see nor discern any ship or vessel passing into or out of their harbo●s , muchlesse then hinder their free ingress or egr●ss by shot or otherwise , when they cannot so much as see them . 2. in clear sunshine dayes , and moon-shine nights , any small vessels ( much more then resolute men of war , and whole squadrons , navies ) may safely pass and repass into or out of these harbors , or anchor in them without any great danger , harm , or sinking by their cannons ; which standing for the most part high upon the land ( especially at new flood , half tide or ebbe ) and not levell with the sea at full tide ; an● being likewise not halfe so many in number , nor so large in boar , as most men of warre now carry in one tire or side , discharged for the most part at rovers by unskilfull gunners and matrosses one after another , and fixed upon one platform , whence they cannot easily or speedily bee removed , can hardly in several shoots so much as hit any one single vessell , much lesse hurt or sink it in its passage under saile by these forts and blockhouses , being past their levell and danger at the first discharge of their cannons over against them , and quite out of it ere they can be recharged ; much lesse then can they stopp , sinke or mischiefe an whole navy or squadron of men of warre , which i shall demonstrate by several instances old and new , beyond contradiction . 1. sir francis drake in his famous voyage to the west-indies with a small squadron of ships , entred five of the chiefe ports the spaniards there held ▪ took and fired their ships there riding under their castles , forts , blockhouses , and pillaged their towns themselves , notwithstanding all their cannons and artiliry playing upon his ships , both from their forts , castles , blockhouses and ships there riding , and that without the losse , sinking or spoyling of any one of his vessels : and some other english sea ▪ captains then and since did the like , as mr. harkluit in his printed voyages at large relates . 2. our english navy in queen elizabeths reign , in their expedition against cadez , tooke the whole iland and city in one day , burnt and tooke all their ships , treasure , magazine and ordnance there , notwithstanding all their forts , block-houses , numerous mounted cannons discharged against them , without the loss or spoil of any one ship , and of very few men , as mr. cambden , speed , and others inform us in her life . 3. the hollanders both in the east and west-indies have frequently entred the spanish havens with their ships , in despite of all their cannons , forts and blockhouses , anchored in them , and pillaged , fired , took the spanish vessels riding in them under their castles , without the sinking of any one man of warre by their cannons firing , as the history of the netherlands , purchas and hackluit in their voyages , and others record . 4. the dutch men of warre , and other vessels have sundry times in a drunken bravado , at mid-day passed in and out of our harbors at harwich , plimouth , falmouth , & southampton , without striking sail to the forts there , and gone away without any hurt , danger , stop , notwithstanding all their cannon-shot to bring them in , as i have heard by many credible eye-witnesses . 5. sir robert mansel in his voyage against algier , with his boats fired sundry of their ships , drawn on shore under their castle-walls & blockhouses , without the loss of one boat or ship , and very few men , notwithstanding many thousands of cannon and more of musket-shot from the castle and ships , as captain george carteret who saw it , and was active in it , informed mee whiles i was prisoner in jersey . 6. since our late unhappy wars , two very small squadrons of our ships successively landed the parliaments forces under the very blockhouses and forts of scilly and jersey , without the loss or hurt of one ship or barque by their cannon shot , and with the loss of very few men , and reduced the castles and ilands too with a farre lesser land-force then the king had there in arms to defend them . since this , sir george ascough with a smal navy entred into the chief part & harbor at the barbadoes , took & brought out thence fourteen or more dutch vessels , and others riding therein , passing and repassing , without the loss , sinking , hurt , of any one ship , or slaughter of one man , within half pistol shot of their castle and blockhouses , which plaid upon his ships all the time with their cannon & musket shot ; and soon after he reduced the whole iland notwithstanding all their forts and forces ; as the printed diurnalls and relation of its taking , and letters thence inform us . 7. since this i read in our diurnalls , that prince rupert took some of our merchants ships riding under the castles and blockhouses of our english plantations in the indies , which played upon him with their cannon without hurt , he returning them two cannon shot for one , and riding within musket shot of them without any fear or hurt . 8. to come home to pendennis castle and st. mawdits , so much cryed up as the most usefull and considerable of all other : whiles they were in the kings power since these warres , as the inhabitants and some souldiers assure me , a single man of warre of the parliaments party in the day-time entred the harbor , boorded , took and carried away thence a rich ship there riding in the view of both the garrisons , notwithstanding all their cannon shot and blockhouses , without any harm at all , shee shooting as fast at the castles as they shot at her , and so departed with her prize . 9. since my imprisonment in pendennis castle , a turkish man of warr at mid-day , in the view of all the garrison , and my selfe , came up to the mouth of the harbor , and very neer the blockhouse , took a great english lighter of thirty tun , sunk the vessell in the place , and carried away some twelve persons in it prisoners into sally or tunis ; after which , she came close up to the harbor two or three mornings together till chased away from thence by a man of warre ; one stout ship of warre being a better guard against pyrates and sea-enemies then all the maritine forts and garrisons , being able to pursue , fight and take them , which no forts or garrisons can do . not long after a little pink , not above nine or ten ●un , anchored some three dayes together just between pendennis castle and st. mawdits , to carry away tinne , as was supposed ; sir george ascough sailing within view of the castles with his whole fleet towards plimouth , ▪ some eight days before his fight with ruttier ) sent four men of warre to convey such ships as were in the harbour to plymouth ; two of them came into the harbour , the other two plied up and downe at the mouth of it , till the other two came out of the harbour to them ▪ this little pink thereupon hoysed saile , as if she were bound for plymouth with them , without any discharge or leave from the castles ; whereupon they shot two warning pieces over , and under her , to bring her in for this affront , and to make her pay for the shot and custome of tinne , which they imagined she had stollen ; i looking on , the captain , gunners , and souldiers told mee , they would warrant mee shee would come in and submit ; but i observing her course , told them , shee would no more come in to their lure then a wilde hawke got loose ; whereupon both castles discharged their cannons in earnest , to hit , sink , or bring her back through fear , but shee in despite of them ( though there were two men of warre before , and two behinde her under saile ) got away from them all without any hurt or stop , the whole garrison looking on . vvhereupon i laughing at their confidence , and uselessness of these castles , ( serving only to shoot away * powder and bullet in salutes and frollicks ) told them , that our wise statesmen and the kingdome were very much overseen to keep two castles , three or four blockhouses , so many score cannons , gunners , souldiers , and matrosses there , as cost them eight or ten thonsand pounds a yeer , under pretence to secure the haven and nation against enemies and pirates , when they could not at noon day ( as they now saw by experience ) so much as stay , take , hurt or sink one little pink of nine or ten tun with foure or five sea-men onely , and not one gun in her , whenas there were four men of war under sail so near her , and she had stollen customes : much lesse then could they stop , hurt sinck any stout man of war , or an whole squadron of ships or navy , or hinder them from entring the harbor , riding or landing there , and returning at their pleasures , their pieces and bl●●khouses not commanding one half quarter of the harbor when entred , not being able to hurt or sink them in their entry or retiring , as i clearly demonstrated to them , then and afterwards , especially by these unanswerable experiments in our late sea fights . collonel blake ( my countrey-man ) in his first sea fight with van trump , as his and others printed letters relate , had many scores ( if no● hundreds ) of broad sides discharged against his ship by the dutch , at nearest distance , by far greater better cannons , cannoneers and tyres of ordinance , charged with chain and crossbard shot as well as bullet , lying nearer the water then any guns in pendennis or st. maudits castles , blockhouses , or in any other of our forts , receiving no less then 3000. cannon shot in his hull , tackling masts , sails , after which he received in his ship as many or more broad sides and shots in his third fight with the dutch in their return from france with their merchant ships ; and sir george ascough received neer as many in his ship in his fight with ruttier : yet all these broad sides & thousands of shot , did neither sink split , fire , nor make unservicable either of these ships , which were soon repaired , neither did they kill any store of their men with their cannons , their musket shot and boording only doing their men most harm . therefore questionless so many thousand cannon shot discharged agaiust any other stout single ship or man of war from these castles and blockhouses at greater distance , uncertainty , and higher level , with smaller ordnance balls , by worser guners can neither sink nor spoil her , muchless sink , hurt , spoil , stop or take an whole squadron of ships of war ( which our whole fleets can hardly do ) when they cannot come neare to board or fire them ; & by this proportion , all the powder , cannon shot , bullets , guns in both castles would not be sufficient to sink or spoil one single ship riding at anchor within their command , muchlesse in her passage in or out , since 3000. shot in her bulk , sails , masts and tackling would not do it ; and half of the cannons discharged would not hit , but passe besides her : therefore to keep up such castles and blockhouses to secure harbours , sink●ships , and hinder any fleets or squadrons of ships from entring or harbouring in them , was but a prodigal oversight and mistake : there being never any warlike ship yet sunk by our forts & blockhouses since their first erection , for ought i could read in history , or hear by information from credible witnesses ; nor any navy repelled from entring , riding , or landing by them ▪ had they a resolution to do it , as the premised instances with sundry others manifest . ( and one since these aphorisins penned , namely general blakes fireing the turkish ships lying under their very strongest castle walls , notwithstanding all their cannons , blockhouses , ships playing upon our ships , assaulting them and beating down their castle about their wars , with the cannon from our ships , without the loss , sinking , spoile of any of our ships . ) a sufficient demonstrative evidence of the uselesness of maritine forts and blockhouses , which in truth are meer idle scarecrows and bugbears to fright raw cowardly sea-men , not daunt or keep off experienced resolute ships or marriners . vvherefore to draw towards a conclusion , i shall onely adde , that the onely pretended use of mereenary garrisons and souldiers , , being but to defend the peoples persons and estates in times of necessity , when and whiles end angered by a potent enemy in actuall armes , who are secure enough without them , when , where and whiles there is no such visible enemy to assault them ; it can be neither justice , equity , conscience , honesty , good husbandry nor true state-policy , to continue any such garisons or feild souldiers on them to their vast expence and undoing , ( now there is no armed enemy in the island , and so strong a fleet at sea to secure them against forraigners ) upon endlesse , full and constant former pay , without any necessity or actuall service till the next spring or summer , because then peradventure , there may be some new imployments for them , ( at home or abroad , ) onely to enrich the mercinary officers , souldiers , and oppresse , undoe the undone people , lying down like issachars under both these heavy burthens of mercenary garrisons and a mercenary field army too , even with broken backes and bleeding hearts , without ease or commisseration , notwithstanding all their clamours . no present ruling potentates or states-men ( who should help and right them ) will be such prodigals or ill husbands of their owne purses and estates , as to keep those reapers , mowers , who have cut down their corne and done their harvest work the last summer , in ful constant harvest pay all the following autumne , winter and all the succeeding spring till the summer harvest come again , without any other usefull work or imployment for them , till then , because peradventure they may then imploy them again for a month or two in reaping and inning their next yeares crop , which they have not so much as sowen , and are yet uncertaine whether to sow or not ; which if they did , would render them ridiculous to every country clown , who hath so much policy , and frugality , as to discharge his mercenary harvest folke so soone as they have ended their harv st worke ▪ and not to keep them still idle and pay them harvest wages till the next summer ; because he can then , if need be , soon hire them or other reapers , mowers , when his corne is ripe for cutting , not before , for lesse then one quarter of the money their pay would come to if kept in hire till that time , without doing him any other service : and shall our wise new statesmen then be such prodigals and ill husbands of the exhausted peoples purses and estates ; as to keep many thousands of mercinary field and garrison horse and foot in constant full pay , ( who many moneths since have done all their sommer and present publick worke for the peoples safety , ) all the censuing autumne , winter , spring in no actuall necessary service for them a● all , onely because perhaps they may make use of them the sommer following , or a year or two hence ( if then ) to cut down imaginary armed enemies in the field or island , if any then appeare to invade the peoples persons and estates ; of which there is yet no probability . verily if they shall still do thus , every country peasant will despise , deride and ensure this their folly and unthriftinesse , and the whole exhausted oppressed nation condemne , if not casheir them for such grosse imprudence . certainly every rich private statesmans , noblemans , gentlemans , peasants house , person , in these necessitous times , when theives are so busy in all parts of the nation , are in greater danger of being robbed , plundred , murdred by murderers and robbers , then any garrison , towne or village to be piliaged by any forraigne forces or domestick enemies , appearing in no parts of the isle , nor likely to do it ; yet none of them will be so ridiculous , prodigall , or distrustfull of gods protecting providence , as upon their owne purses to hire any horse , or foot perpetually to guard their persons , houses day and night till the next sommer , because some theeves and robbers ( these long tedious winter nights ) may probably assault their houses , steal their moneyes , plate , goods , or murder their persons , but will ease themselves of this cost and charge , till they be certainly informed of a company of robbers conspiring for to plunder , rob , or kill them about some certain time , or have news that they are ready to execute this designe ; and then they will time enough summon their domestik servants & freinds to encounter , and surprise them if they come : and should they not then intrust the peoples persons , estates to gods protection and their owne , at this present , without any mercenary garrisons or forces to guard them against their wills or desires , to their superfluous vast expence , when there is farr lesse probability or feare of danger to them in generall from armed enemies , then to their owne private persons , houses or moneys , from theeves and robbers ? if they be thus continued on them , onely to enrich the officers , souldiers , and secure their own usurpations , intrusions , or over ruling powers ( preferred before the peoples ease or weal ) under a pretext of danger from some enemies that may or will infest , plunder , destroy the people so soone as the army and garrisons are disbanded ; we shall then desire , that all officers , souldiers unwilling to disband upon this pretence of great imminent danger for the peoples more certaine security from enemies , and meriting of their future pay , may be strictly enjoyned to put on all their armes , and draw up all their forces in battalio , where they most feare the enemies , in the field ; and all their garrisons likewise kept in a constant standing posture ▪ to receive the enemy , in their respective forts ; and there to stand night and day in their compleat armes ▪ in a perpetuall readinesse and posture of defence , till the next sommer and our fears be ended ▪ without putting off their arms ; as our * king richard the first kept the bishop of bev●ies taken prisoner by his forces in the field , harnessed from head to foot , in his iron armes night and day , above two months space , without suffering him all that time to put them off , lest some enemies should surprise them , our island & garrisons on a sudden , ere they could arme or put themselves in an actuall posture to receive them , if permitted once to retire into their winter quarters for their ease ; and then we suppose these pretenders of imminent danger , only to get pay , when and where they neither do nor can do the people the least reall publick service , but greatest prejudice ▪ as the premises evince ; will soone become as humble and earnest petitioners to our present swaying powers who continue them , and to the people ( who desire it ) to be forthwith disbanded and sent home again to their friends & further imployments as this harnessed bishop was to our king richard himselfe , the pope and his brother prelates , to be disrobed , disarmed of his heavy iron rochet , so long keept on his back and body to his little ease and lesse content ; it being altogether as just , equitable , and reasonable for them to keep the army and garrison soldiers in this unreasonable hard constant duty and armed posture day and night till they be disbanded , as to lay unsupportable endlesse taxes , excises on the oppressed peoples backs to maintain them in constant pay to their intolerable oppression , till the next sommer or longer upon the premised pretences . if any now demand ( as many officers and souldiers oft do , being their chief plea against disbanding ) how shall the officers and souldiers live , after all their good service in the wars , if they shall be now at last disbanded to ease and pleasure the people ? the answer is very obvious , just and equall . 1. how shall the poor people live or maintain themselves and families , if these garrisons and mercinary forces be still continued , being already like to starve ? 2. how do the poor people live who are still enforced to give them full pay and maintain them in idlenesse without any labour , to do very little duty , & that wholly useless , in field or garrisons ; wherein their onely necessary , uselesse , present dutie is , to stand centinell once or twice a week , one houre or two ; to take tobacco , play , sleep , drink , and cry stand ; or , who goes there ? to one another in the night , as they passe by the centinels ; to as much purpose , in relation to the peoples safety , as one night . owles crying , hallowing is to another ; or to demand of those that enter into the garrisons in the day time whence come you ? what are you ? what is your name ? businesse ? whom would you speak with ? have you taken the new engagement ? else you must not enter the fort or garrison , no not alone in these times of no danger , as if one disarmed non engager might surprise an whole lasie fortified garrison , in the day time , aswell as a sleeping one in the night ; how much more then an armed enemy ? which learned questions standing the nation in very many thousand pounds every year in garisons now kept up , as much concern the peoples security from enemies , as the ministers interrogating of children formerly in the church , what is your name ? who gave you this name ? and to maintain near a thousand block-headed slothfull-gunners in blockhouses and garrisons only to shoot away above six or seaven thousand pounds worth of powder in courtship , and frolicks to ships , and visitors every year , who deserve rather cashiering for this their prodigal and onely dutie , for which they receive great constant pay . certainly their country pay-masters live not by such idle , uselesse , fruitlesse , rare duties ; but by hard studying , sweating , labouring night and day in their honest lawfull callings usefull for the publick ( the whole profits whereof these idle lurdanes must still monthly devoure for such ridiculous services , and new kinde of catechising the people ex officio like our cashiered unpreaching curates ; ) and so must these officers and souldiers too , if they cannot otherwise live aswell as they . 3. how did they live and maintain themselves before they were listed souldiers ? surely not as now but like other christian people , by labouring daily in their lawfull callings , living frugally , soberly , obediently like others of their equals , not in such idlenesse , luxury , pride , & state as since : and is it not possible that they may , yea just & equal that they should thus live and maintain themselves now , and not still live like idle drones in great sloath , pompe , state , and honour upon the honey of the poore painfull bees 4. how do many hundreds of formerly disbanded officers , souldiers now live and maintain themselves , who did as much , and good service as those now in pay ? doubtlesse by returning to the diligent exercise of their former callings , or some other good imployments , or going to some lawfull forraign wars . 5. if any old officers and souldiers in present service be so poor , that they know not yet how to live if they be now disbanded , certainly it is through their own ill husbandry , pride , or prodigality ; never officers or souldiers in the world being more royally , duly , justly paid and rewarded ( especially in a civill war ) than they have been ; whereby thou●●●●● of them ( especially generals , colonells , captains , and superiour officers , with many inferiour ones likewise ) are grown exceeding rich and wealthy over what they were before the wars ( which have undone most others ) and are lately beyond expectation , become the greatest purchasers in the nation of the richest publick and private mannors , seates , revenues , offices ; this civill war being the richest trade they ever yet met withall in their lives , which makes them so unwilling now to give it over ; & to continue these poor unthrifty souldiers still in pay till they grow as rich as these their fellowes , is to be worse husbands for the nation for the future , than these unthriving officers and souldiers ( who have not yet gotten enough to live by the wars ) have been for themselves in time past , and that onely to maintain and enrich them with the whole nations ruine . 6. the plain meaning of those who make this demand is , that they expect and intend our mercinary armies , and garrisons shall by one means or other , be continued in pay , and our wars not ended , our peace not settled till doomsday , or at least so long as the people have either lands , stock , goods , or moneys left , to pay heavy unceasing taxes and excises for them to live upon , at that high , lasie rate as now they do . but better ten thousand times such idle wretches should be disbanded , though they starve and perish , if they will not betake themselves to some honest vocation to live by it ; then that the whole nation should starve or perish , to keep them and our unnaturall , unchristian wars still a live , to murther our own christian brethren or allies , of purpose to keep our armies and garrisons in action and preserve them from present or future disbanding . as * war and the oppressing sword of war ( especially when civill ) are in gods own judgement and all wise mens , the severest curse ▪ plague , punishment , that god in his wrath can here inflict upon any people for their sinns and wickednesse , as includiug all sorts of other evills , spirituall and temporall , in its bowells ; so for any to make a trade of war , & to continue , perpetuate this heaviest plague and curse upon their own native country without absolute necessity , or just grounds , is the worst of crimes and treasons ; and those that are guilty thereof the worst of traytors , of christian men , unworthy the name of saints or christians , whatever their pretences be to colour it . if therefore machiavills atheisticall infernal paradox ( applauded and oft justified in print by his new disciple * politicus ) he that hath once drawn his sword against his lawfull soveraign , must throw away the scabbard , and never sheath it more ; no , not after he hath cut off his soveraigns head therewith ; hath prevailed more with any machivilian states ▪ men or sword-men , than our saviours own more sacred christian gospell precept and speech to peter , when he drew his sword , and onely cut off ma●chus his ear ( not head ) coming then forcibly to apprehend our saviour ( who presently cured his ear again , and gave this command to peter , though certain himself to be crucified ▪ if then apprehended ) * put up thy sword into his sheath again ; for all they that take the sword , shall perish with the sword ; and therefore upon his diabolicall advise they peremptorily resolve to keep our mercinary armies garrisons swords still drawn , and unsheathed amongst us , without ever putting them up again , upon the peoples dry drained purses , notwithstanding all their cries and premised reasons against it ; ( not for the peoples safey , which cannot now be so much as henceforth surmised , after this discovery of its grosse imposture , but for their own private present and future indempnity alone . ) let all such cheating oppressing unrighteous machivilians assuredly know ▪ that these words of christ will certainly prove true and take hold of them in conclusion , he * being truth it selfe that spake them ; and that such who resolve to live in warre still , shall never die nor rest in peace , but perish by and with * the sword at last ( as pompey , cyrus , pruda , and others have done , ) though they had all the garrisons and armies on earth to protect them ; whom god in his justice , if other instruments be wanting , can make their unexpected executioners in stead of guardians , when they wander out of his protection in wayes of violence , oppression , rapine , blood , warre , discord , and will neither know nor pursue the wayes of peace and christian unity , for the peoples publick ease and whole nations welfare . finis . notes, typically marginal, from the original text notes for div a91238e-500 * isay . 24. mic. 4. 3. lu. 2. 14. heb. 13 , 14. jam. 4. 1 , 2. * grotius de jure belli & pacis l. 1. c. 2. p. 36. notes for div a91238e-1400 * 2 sam. 8. 14. 1 chr. 18. 6. 4 , 1 sam. 13. 3 , 1 , 22 , 23. c. 14. 5. 22 , 23. c. 10. † m●rcator , heylyn , sir thomas smith . * 2 kings ●8 . 13. 1 sam. 13. 3 , 4 ▪ hab. 1. 10. dan. 1● . 15. * josh. 8. 21 , 22. c. 6. 20 , 21. c. 10. 28. to 41. 1 sam. 13. 3 , 4. 2 kings 25. 8. 10 12. 2 chr. 36. 1● , &c. * josh. 8. ●9 , 20 ' 28. c. 6. 21 , 22 , 26. 2 kings 19. 25. c. 25. 9 , 10 , 11 , &c. isa. 17. 1 , 2. c. 25. 12. jer. 49. 37. ezek. 26. 10. to 15. — amos 1. 7 , 8 , 10 , 14 , 15. c. 2. 2 , 3 , 5. isa. 30. 13. c. 32. 13 , 14. ez. 26. 10 , 11 , 12. * hab. 1. 10. josh. 10. 28. to 41. 2 king. 18. 10. 2 chron. 12. 4. c 32. 2 , 1. sam. 3. 4. dan. 11 ▪ 1● zeph. 1. 26. * see entropius zonarus , and grimstous imperial history . † heylyns microcosm , p. 7. 56 , 757 , 758 , 145 , 146 , 147 , 613 , 614 , 586. to 590. * see cocks 1. inst. * exact coll . ct. . p. 336. & 608. 850. &c. * they have often discharged 20 , 30 , 40 , 50 , 60 cannons or more at a time to ships coming in , & the ships as many to them , since my imprisonment there : a strange prodigality ! * rogerde hovesd●n annal par● posterior p. 768 778 ▪ mat west in an. 1 196. p. 17. gal. nubigensis . 1 ● 5. c. in antique ecclesia . brit. p. 140 hol nshed p. 150. 151. chron johanis bucōt con●cor . 1272. 1273. quest . answ. * deut 28. 22. c. 23 22. to 27. l●vit 26. 25. to 38. 1 kings 19. 17. ezr. 9 8. job . 19. 29. isay . 5● . 19. c ▪ 65. 12. c. 66. 17 jer. 9. 16. to 23 c. 12. 12. c. 14. 13. to 20. c. 15. 2. to 15. c. 24. 10 c. 25. 16. to 34. c. 29. 17. 18 c. 34. 17. and c. 43. 11. c. 40. 10. to 27. c. 47. 6 , 7 c. 50. 16. 35 , 3● , 37. ezech. 5. 2. to 18. c. 14. 21. c. 21. 9. to 30. jer. 4. 19. 20. tos 31. 1 ay . 19. 3. cron. 15. 6. * who hath printed it man● times with approbation ▪ mat. 26. 51. 52 ▪ * lam. 1. 20. rev. 13. 9. 10. * john . 14 6. gen. 9. 6. the case of the jevves stated: or, the jewes synagogue opened. with their preparations in the morning before they go thither, and their doings at night when they come home: their practices in their synagogues and some select actings of theirs in england, upon record. this text is an enriched version of the tcp digital transcription a78250 of text r173462 in the english short title catalog (wing c1094a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 14 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a78250 wing c1094a estc r173462 45097614 ocm 45097614 171221 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a78250) transcribed from: (early english books online ; image set 171221) images scanned from microfilm: (early english books, 1641-1700 ; 2568:11) the case of the jevves stated: or, the jewes synagogue opened. with their preparations in the morning before they go thither, and their doings at night when they come home: their practices in their synagogues and some select actings of theirs in england, upon record. prynne, william, 1600-1669. [1], 6 p. printed by robert ibbitson, london, : 1656. authorship uncertain; has been attributed to william prynne. reproduction of original in the california state library, sutro branch. eng antisemitism -great britain -early works to 1800. blood accusation -england -early works to 1800. jews -england -early works to 1800. a78250 r173462 (wing c1094a). civilwar no the case of the jevves stated: or the jewes synagogue opened. with their preparations in the morning before they go thither, and their doing [no entry] 1656 2659 9 0 0 0 0 0 34 c the rate of 34 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-06 tcp assigned for keying and markup 2007-06 aptara keyed and coded from proquest page images 2009-01 emma (leeson) huber sampled and proofread 2009-01 emma (leeson) huber text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion the case of the jevves stated : or the jewes synagogue opened . with their preparations in the morning before they go thither , and their doings at night when they come home : their practises in their synagogues and some select actings of theirs in england , upon record . london , printed by robert ibbitson , 1656. the case of the jews stated , or , the jews synagogue opened . the jews had near 500 synagogues in jerusalem , and many in all the cities of judea ; and from time to time as they are dispersed among the gentiles labor to build them synagogues among them ; the 48 cities of the levites first began them , in which jews called archisynagoges were instead of levites and prophets . in their synagogues they dispute and preach sitting . the elders sit it chairs , the meaner sort in seats , and the meanest of all on the floor upon mats . they pray in their synagogues standing , and sometimes sitting . when they were in england ( as matthew parris hath recorded in 34 h. 3. ) the jews used every year to steal a young boy ( the child of a christian , and to circumcise him , and then in their synagogue sate in a solemn assembly , chusing one of themselves to be pilat , who out of their devillish malice to christ and christians condemned the child , and crucified him to death ; and this was discovered at norwich , where they circumcised a christian child and called him jurnin , and condemned him to be crucified , it was discovered , for which four jews being convicted were drawn at horses tails , and hanged on a gibbet , and 18 jews were drawn and hanged for thus crucifying of one hugh lincoln . there were banished 1605 11. in 18. ed. 3. and their houses was given to the master of the rolls . by the statute they were to wear all above seven years old , peeces of woollen cloth on their breasts to be known . in the morning before they go to their synagogue , the wife is to waken her husband and the parents their children , who after thirteen years of age are subject to their laws . they are to awaken before day , that they may make their morning prayer whilst the sun is rising , and not later , for then they say is the time of being heard , from lam. 2. 19. they then frame to sadness for jerusalem , and pray for the rebuilding of that city . they say when they shed tears in the night the stars and planets mourn with them , and if their enemies decree any thing against them , those tears will blast it , from p●a . 56. 9. and that if any rub his forehead with those tears it will blot out certain sins there written , they say that in the beginning of the night all the gates of heaven are shut , and that there are evil spirits then sent into the world which hurt all they meet , but after midnight the angels are commanded to open heaven again , and that the cocks in the world hear that voyce , at which they clap their wings and crow , at which they use these words , blessed art thou , o god , lord of the whole world , who hast given understanding to the cock . they use filthy blasphemous words when they go out of their chamber to the stool . they say they must not touch their bodies before they have washed their hands in regard of the evil spirits which have rested in the night thereon , and that if they should touch their eyes they should be blind , or if their ears , they should be deaf , the nose dropping , the mouth stinking , the hands scabbed , if not first washed , because their hands are venomous if not washed first , first they pour water three times on the right hand , then three times on the left , then wash them , and after the face , and mouth , and then they say , blessed be thou o god our god , king of all the world , who hast commanded us to wash our hands . when they come to the synagogue to their mattins , they endeavour chearfulness , they make clean their shooes at the door , and he that hath pantables must put them off , and at their entring in , cast in every one a halfpenny at the least into the treasury , and then bow themselves towards the arke in which the book of the law is , using certain words out of the scirpture , as in num. 25. 5. psal. 5. 7. and others , expressing a high esteem of the house of god . then they begin to pray out of their common-prayer book , in which their prayers are in hebrew , in meeter , and after their first prayer they say 100 benedictions grounded on deut. 10. 12. now israel what doth god require of thee , they read not mahschoel but meahschoel , he requireth 100 which they have short , and twice a day repeated . 1. for the washing of their hands . 2. for the creation of man . 3. for that they are made full of holes , one of which if should be stopped they should die . 4. a confession of the resurrection . 5. for understanding given to the cock to discern day and night asunder , and with his crowing to awake them . 6. that god hath made them jews , or israel●tes . 7 ▪ the masters that they are not servants , the men that they are nor women , the women that god hath made them according to his will . 8 : that god exalteth the lowly . 9. that he maketh the blind to see . 10. that he raiseth the crooked . 11. that he cloatheth the naked . 12. that he raiseth them up that fall . 13. that he brings the captives out of prison . 14. that stretcheth the world upon the waters 15. that prepareth and ordereth the goings of man . 16. that hath prepared all things necessary for this life , 17 ▪ that girdeth israel with strength . 18. that crowneth israel with comliness , 19. that giveth strength to the weary . 20. that taketh sleep from the eyes , and slumber from the eye lid● , &c. then they pray to be preserved against sins , evill spirits , and ●vil men ; and confessing their sins , they comfort themselves in the covenant made to abraham , saying , we are thy people , and the children of thy covenant , &c. o happy we , how good is our portion , who every morning and evening may say , hear israel , the lord our lord is one god ; gather us that hope in thee from the ends of all the earth , that all the inhabitants of the earth may know that thou art our god . our father which art in heaven be merciful unto us , &c. then after some other short prayers they go on to their sacrifices , and they repeat an history of sacrifice , and a prayer of the use of the law , and how many ways it may be expounded . and then pray for the re-edifying of the temple , and rising with great joy and acclamation , they sing a prayer of praise in hope thereof . then they read a long prayer , which they conclude with the last words of the prophet obadiah , the saviour shall ascend into mount sion to judge the mount of esau , and the kingdome shall be the lords ; which they spake in hope of the destruction of christians , whom they call edomites , and of their own restitution . and in some of their private writings , which it is hard for any christian to come to the sight of ; they speak very blasphemously of jesus christ , and say that the soul of esau entred into the body of christ , and that christ and christians are no better then esau . then they fall to singing again , and after that to prayer again turning their heads to the four corners and winds of the world , because the letter daleth signifieth four , in their repeating the lord is one , and echad containing in numeral letters 245. whereunto they add three , god our lord is true , in all 248. so many members in mans body , they make so many short prayers , saying a prayer secures each . they use words for charming of evill spirits , and working miracles . and they have another prayer which they call schone esre , that is eighteen , consisting of 18 particulars by which they think all sin is pardoned , of equal esteem as the papists have the popes pardons , when they say it , one foot must stand on the ground as fully as the other , from ezek , 17. their foot was a right foot , and in it they use these words , holy , holy , holy , lord god of hosts , at which they leap up three times as high as they can ; and they say that he that speaks a word whilst the chief chanter of the synagogue saith this prayer shall have burning coles given him to eat after his death ; and these 18 parts they say are for the 18. bones in the back bone , at the saying whereof they all bend it . after this follows a prayer against the jews revolted to christianity , against all christians , saying , these which are blotted out , shall have no more hope , and all unbeleevers shall perish in the twinckling of an eye , and all thine enemies which hate thee , o god , shall bee destroyed , and the proud and presumptuous kingdome shall quickly be rooted out , broken , laid even with the ground , and at last shall utterly perish , and thou shalt make them presently in our dayes obedient to us . then they pray for themselves , and for their proselites , and rebuilding their temple , the comming of the messias , and restauration of their kingdome , and pray for peace among themselves , at which they go backward three paces , bow themselves , bending their head first on the right hand , and then on the left , that they may not turn their hinder part on the ark , and so with a slow pace they return out of their synagogues . the good-wife against her husbands return home , sweeps the house , that nothing may ( as they say ) disturb his holy cogitations , and layeth him a book on the table , either the penteteuch of moses , or a book of manners to read , which he doth for about an hours space . about eleven a clock his wife hath prepared his dinner , clean meats purely drest , there is clean water , in which the houshold first washeth , then the wife , and last of all the goodman , and must not keep on a ring on their finger , for fear some uncleanness remain under it , insomuch that rabbin akiba , having but so much water as would serve either to wash his hands , or quench his thirst , hee washed with it , and dyed for want of more to drink : then the master of the house cuts a cut of the cleanest and best baked part of the bread , and then setting it down layes his hands on it , giveth thanks , and breaking that off he hath cut , dips it in some broth , or some thing on the table , and eats it , and then takes the loaf , and cuts for the rest , and the like for wine , or other drink , except water . their bread they have in that honour , nothing must be set upon it , and they say that a spirit called nabal , is deputed to observe such as ( through negligence ) tread it under foot , and to bring them in to poverty . they say that elias , and every mans proper spirit attendeth at the table , to hear what is said if they talk of the law ; but otherwise an evil angel cometh , and causeth brawls and diseases . they have several blessings they use , and when they have done , there must not bee one crum left in their mouths . they pray in the place where they have eaten , or else they shall lose the benefit of burial . about five a clock , their clerk , or scholae pulsator , knocks at their doors to give them notice of evening prayer , they go to the synagogue and there they pray , and then the chief chorester or chanter , sings a prayer , and they all sing the prayer of eighteen parts used in the morning aforesaid , and coming out of his pulpit , he kneels down upon the steps before the ark , and all the people fall down with their faces on their left hand confessing their sins , and praying for mercy and pardon , and conclude with prayer , and return home again . in their time of pawsing between their vespers and their n●cturns , if strife be between any , and reconciliation cannot bee made , then he which cannot reconcile his neighbour goeth to the common-prayer-book , and shutting it , knocketh thereon with his hand , saying anikel●● , i conclude the business , as if he should say , i conclude praying , till mine adversary be reconciled to me , until which thing be effected , they may not pray further , though for divers daies together , when one party is stubborn . these praiers are much against christ and christians , and for the coming of their expected messi●s . at supper they behave themselves as at dinner , going to bed they put off their left shoe , before the right , and in their prayer psal. 4. 5. must be their last words , commune with your own 〈◊〉 on your bed , and be still , and if they cannot by and by sleep , it must be repeated over until they can , because they say thereby their sleep shall prove good to them . they lye with their heads toward the south , and their feet towards the north that they may bee fruitful ( as they say ) in male-children ? and their chamber morals are so lascivious written upon their walls , as is unfit for chaste ears , besides their base words that they use against christ , and against christians . 1 cor. 16. 22. if any man love not the lord jesus , let him be anathema maranatha . finis . a publike declaration and solemne protestation of the free-men of england and wales, against the illegall, intollerable, undoing grievance of free-quarter. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91251 of text r203278 in the english short title catalog (thomason e426_3). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 22 kb of xml-encoded text transcribed from 6 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91251 wing p4044 thomason e426_3 estc r203278 99863278 99863278 115468 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91251) transcribed from: (early english books online ; image set 115468) images scanned from microfilm: (thomason tracts ; 67:e426[3]) a publike declaration and solemne protestation of the free-men of england and wales, against the illegall, intollerable, undoing grievance of free-quarter. prynne, william, 1600-1669. [2], 9, [1] p. s.n.], [london : printed in the yeare. 1648. anonymous. attributed to william prynne. place of publication from wing. annotation on thomason copy: "feb: 7th"; the 8 in imprint date has been crossed out and date has been altered to 1647. reproduction of the original in the british library. eng england and wales. -army -barracks and quarters -early works to 1800. soldiers -billeting -england -early works to 1800. a91251 r203278 (thomason e426_3). civilwar no a publike declaration and solemne protestation of the free-men of england and wales,: against the illegall, intollerable, undoing grievance prynne, william 1648 3732 2 0 0 0 0 0 5 b the rate of 5 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 apex covantage keyed and coded from proquest page images 2007-06 pip willcox sampled and proofread 2007-06 pip willcox text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a pvblike declaration and solemne protestation of the free-men of england and wales , against the illegall , intollerable , undoing grievance of free-quarter . printed in the yeare . 1648. a publike declaration and solemne protestation of the freemen of england and wales , against the illegall , intollerable , undoing grievance of free-quarter . we the knights , esquires , gentlemen , freeholders , citizens , burgesses , and freemen of the realme of england and domion of wales , do hereby publikely declare , remonstrate and protest to the honourable houses of parliament , the army and souldiery and all the world , that the keeping up of an overnumerous burthensome army , since the warres determined , and their forcible entring into our houses , taking and eating up our provisions for horse and men , and free-quartering upon us , against our wills , to our ineffable vexation , oppression , and undoing ( especially in these times of extraordinary dearth , samine , and decay of trade ) is an expresse high violation of our fundamentall lawes , rights , properties and liberties , in the late just defence whereof against the king and his malignant party , we have spent our estates , blood , and hazarded our dearest lives in the field ; a direct breach of magna charta c. 22. and 29. ( purchased with so much noble blood of our ancestors , ) prohibited by the a satutes of 3. e. 1. c. 7. 28. e. 1. c. 2. 1. e. 3. c. 7. 4. e. 3. c. 3. 5. e. 3. c. 1. 14. e. 3. c. 19. 25. e. 3. c. 1. 36. e. 3. c. 2. 6. 9. 7. r. 2. c. 8. 2. h. 4. c. 14. 20. h. 6. c. 8. 21. h. 6. c. 2. 14. 28. h. 6. c. 2. which declare and enact the taking away of our provisions and goods of any sorts without our consents , agreeing with and paying us for them , even by purveyours authorized by law and commission to be no lesse then felony , ( much more then when taken by officers and souldiers authorized by no law nor commission , under the great seale to doe it ) and contrary to the very letter of the petition of right , 3. carols , which declares the quartering of souldiers and mariners upon the kings people against their wills in their houses to be against the lawes and customes of the realme , and a great greivance and vexation to the people , and enacts , that they shall not be burthened therewith in time to come . we likewise further remonstrate , that king richard the second in the parliament held at westminster anno 1. h. 4 number 22 was among other things impeached and deprived of his crowne , for raysing a guard of cheshire souldiers and quartering them as his court to over-awe the lords and commons assembled in parliament at westminster in the 21. yeare of his reigne , to vote what he prescribed them , and to put the power of the whole parliament into the hands of a few lords and commons of his party ; which b souldiers did assault and beat the kings good subjects , and take from them their victualls against their wills , and payd therefore little or nothing at their pleasure , and not redressing the same upon complaint to their great oppression and discontent . that the whole house of commons this present parliament in their c remonstrance of the state of the kingdome december 15. 1641. ( published by their speciall order ) declared . that the charging of the kingdome with billited souldiers heretofore ( complained of in the petition of right ) and the concomitant designe of german horse , that the land might either submit with feare , or be enforced with rigour to such arbitrary contributions as should be required of them was a product of the jesuites , councells of jesuites , papists , corrupt prelates , courtiers and counsellors to enslave the subjects and deprive them of their just liberties . and that both houses of parliament and the king himselfe upon the house of commons impeachment d attainted , condemned and executed thomas late earle of strafford , lord duputy of ireland for high treason by a speciall bill this parliament , for quartering and sessing souldiers upon the kings subjects in ireland , and levying forces and moneys on them by officers and souldiers of the army against law , by billeting on them till they were payd , ( declared to be a levying of warre against the king and his people , and so high treason within the statute of 25. e , 3. for which he lost his head on tower hill ) contrary to the statute of 18. h. 6 made in ireland , ch. 3. which enacts ; that , no lord , or any other of what condition he be , shall bring or lead hoblers , kearnes , or horded men , nor any other people nor horses to lie on horse back or on foot upon the kings subjects without their good wills and consents : but upon their owne costs , and without hurt doing to the commons of the country ; and if any so doe , he shall be adjudged a traytor . and the statute of kilkenny in 3. e. 2. c. 1. 2. which enacts and declares it to be meer felony and open robery for any kerne , to live idle on the tenants , farmers and poore people of the country , or to take any prises , lodging or sojourning from them against the consent of the owners , or paying and agreeing with them for the same . we doe moreover further declare , that by the very e statute and common law of the land , every mans house is and ought to be his castle ; which he his servants and friends may lawfully defend against all who shall forcibly , and illegally attempt to enter it against his will ; and justify the killing of any who shall violently assault the same or enter it feloniously against the consent , which to doe is burglary , and a capitall offence and that every subject , may by the common law defend his goods with force and armes against any who shall illegally offer to take them away , against his consent and not paying for them which to take is direct robbery and felony for which the party taking them ought to suffer death and that the owner and his servants may lawfully justify the beating and killing of such theives in defence of their goods ; and may assemble his neighbours and friends to defend his house and goods against such violence . which and 〈…〉 rights and priviledges of ours , both houses of parliament , in above thirty remonstrances , and by their solemne league and covenant , have promised and are daily engaged , under paine of breach of faith , honour , trust , oath , and the highest disreputation , inviolably to maintaine . yet notwithstanding all the premises , the generall and officers of the army have ever since the votes of both houses for the armies disbanding in aprill and may last , not only doubly recruited their forces farre above their first establishment when the king had two armies in the field , and many strong garrisons , without the houses order or privity , but quartered them upon us in our houses against our wills , and the lawes and statutes aforesaid , to the utter undoing of many thousands of us , not paying us one farthing for their quarters out of the many months pay they have since received ; but insteed therof have levyed treble their pay upon us , under colour of freequartering and compositions for it , the horse enforcing us to pay them 14. 16. and 20. shillings a weeke , and the foote , 6. 7. 8. 10. 12. and sometimes 14. shillings a man towards their quarters , and yet take quarters upon us and others , and sending fresh quarterers on us as soon as the former are removed : which we here protest and declare to be direct burglary and felony in them , and no lesse then treason in their chiefe officers , and a levying of warre upon us , by this present parliaments resolution in the earle of straffords case : for which we must now crave reparations and justice against them , and satisfaction for all the quarters thus forcibly taken on us ; being resolved to pay no more taxes towards the army , till all our quarters , and the mony raysed and extorted from us for compensation of it , be fully satisfied . and seeing divers officers and souldiers of the army , notwithstanding the late ordinances of both houses against free-quarter , and their and the generalls and officers engagements published in print , that upon our paying in of six moneths contribution towards the army upon the sixty thousand pounds tax , ( principally intended for ireland , but now wholly monopolized by the army ) no officer nor souldier should after the 15. of january take free-quarter upon us under paine of death , against our wills , which notwithstanding they doe in many counties , which have payd in their six moneths contribution , refusing to obey the parliaments orders , and protesting they will take free-quarter notwithstanding , and forcibly breake into our houses , and take away our provisions with more insolency then before : wee doe here publikely remonstrate , and protest against this dishonorable breach of faith and promise , and this intollerable oppression , and cheating of us to our faces ; and demand open and speedy justice and reparations for the same , from the houses and generall ; and doe require and enjoyne all our knights , citizens , and burgesses ( who are our substitutes , and derive f all their authority and commission from us , whom we have authorized only to maintaine our just rights , liberties and properties , not to invade or betray them ) as they will answer the contrary at their perills to the kingdome , and the respective counties , cities and burroughs , for which they serve , to right themselves and us ; and make good the houses and their own promises to us herein ; otherwise we are resolved never to trust , nor believe them more , and to disclame them for our trustees or representatives in parliament for the future , for breaking of their trusts , and disobeying our instructions . and because the quartering of souldiers in our houses against our wills , against the houses and generalls engagements , is such an intolerable grievance and vexation , as utterly deprives us of the freedome comfort , and command of our own houses , wives , children , servants , beds , stables , bread , heere , provisions for horse and men , which are all exposed to the arbitrary commands of every base dominiering , deboist and insolent souldier and officer , who command all we have , and may cut our throats at pleasure every houre in our own houses , where we cannot sleep nor remain secure , & now renders our condition worse then any turkie-gally-slave , undoing and enslaving us at once , even to those who were once our servants , and now become our lords and tyrants over us , who doe nothing but pick quarrels with us , and will be content with no ordinary provisions , purposely to extort compositions from us in money , above double and treble their pay : whereby they grow rich , and the whole kingdome poore , even to extremity , all trading being now utterly gone and decayed by reason of free-quarter and excessive raues daily multiplyed , which ingrosteth all the treasure of the kingdome , whereby trade should be supported and the poore employed ; who are now upon the point of starving , and are ready to rise up and mutiny in city and country for want of bread and employment ; whiles many thousands of strong lusty boyes , youths , souldiers , and their horses ( whose labours might much enrich the common-wealth ) lye idlely like so many drones and caterpillers upon us , taking both pay & free-quarter too for doing nothing , but eating , drinking , swearing , whoring , stealing , robbing , and undoing us , and the realme too : we doe here publikely protest and declare , against allowing any more free-quarter to any officers or souldiers on us for the future as such an intollerable and undoing grievance , as we neither can nor will any longer undergoe ; and that if any of them shall hereafter , against our wills , forcibly enter our houses , or take away or devoure our provisions and goods ( as they have injuriously and feloniously done for many moneths last past ) wee are unanimously resolved to proceed against them for it , as burglairs , theeves and felons , and to defend our houses and goods , against them with force and armes , with the hazard of our lives ; resolving rather to die free-men , then live any longer slaves , especially to those who have been our mercenary servants , and pretend they have hitherto fought and continued in armes together by their own authority , almost a full year against both houses votes for their disbanding , of purpose ( as they pretended in their printed declarations , though we find it otherwise ) to make us absolute free-men ; whereas we feele and discerne by wofull experience , that their designe is quite contrary , even to make us , the king , kingdome and parliament no other then conquered slaves , as many of them stick not to terme us to our faces , who dare not be any longer accessories and contributors to our owne and the kingdomes imminent ruine , bondage and captivity in the least degree against our right and covenant , and will no longer sit still , like so many tame silent fooles , and conquered slaves , whiles they put new yoakes of bondage on our necks , and fetters on our feet , to inthrall us to a more intollerable arbitrary power and tyrannie , then ever the king or his cavalliers intended in england , or strafford himselfe in ireland ; and rule us only by the sword and martiall law ; and our very knights , citizens and burgesses , representing us in parliament , whom they impeach , suspend , expell the house , and over-awe by their power , new guards and garrisons put upon them , and the lords house too , at pleasure , so as they neither can , nor dare to doe us that right , ease and reliefe against the souldiery , as otherwise they would , and are bound to doe , being enforced daily to passe new ordinances of indempnity from them , even for their very felonies , burglaries , plunders and murthers too , for which they must not be questioned , which encourageth them now to commit the like offences with greater boldnesse then ever , in hopes of the like indempnity for the future , as they have forcibly obtained for what is past . our (g) historians record that in the reigne of king egelred the danish souldiers exercised such pride and abusive oppressions over the people in england , on whom they quartered , that they caused husband men to doe all their vile labour , and the danes held their wives in the meane time at pleasure , with daughter and servant : and when the husband-man came home he should scarsly have of his owne as his servants had so as the dane had all at his commandement and did eat and drinke his fill of the best , when the owner had scant his fill of the worst . and besides this , the common people were so of them oppressed , that for feare and dread they called them ( in every such house as they had will of and quartered in ) lord dane , which so vexed and discontented the people , that by secret commission , from the king directed to all the good towns , burroughs and cities of the land , they were on st. brice day , at a certaine houre assigned , all suddenly assaulted , and slaine by the people , every mothers sonne of them throughout all england : this slaughter of theirs beginning in hertfordshire , at a little towne called welden , for the which deed it took the first name , because the weale of that county ( as it was then thought ) was there first won . and the sicilians did the like to the dominiering french forces , who oppressed them with their insolencies and free-quarter , cutting all their throats in one evening , and so freeing their countrey from captivitie . truly our condition now under the lording army and souldiery hath been and yet is altogether as bad , if not worse in many places , then our predecessors was under their free-quartering lord danes , or the sicilians under the french forces : and we heartily wish it may not now produce the like tragicall and bloudy effects , which pure necessity will enforce the malignant and poorer sort now ready to starve , and the very best friends to the parliament unto , for their own selfe preservation and defence , as we may justly feare , if not timely prevented by the houses and generalls strict care and discipline , in making good their engagements to us , wherein they have hitherto failed , and speedily reduce the army to such a small proportion of five or six thousand only , as they may well pay and master ; and quarter in innes and alehouses without any pressure to us . being peremptorily resolved in their defaults , by gods assisting power to right and ease our selves of them , and all other oppressing grievances , by the best and most expeditions meanes wee may , to preserve our selves , our posterities , kingdome and neglected ireland , ( whose supplies are wholly frustrated and engrossed by our idle super-numerary , and super-necessary army and souldiers ) from utter vassalage and ruine . and therefore we doe hereby earnestly desire and admonish all officers and souldiers at their utmost perill , from henceforth after this our publike remonstrance , to take no more free-quarter , nor force any more moneys from us , against our wills ; but carefully to follow iohn baptist's lesson to them ( a burning and shining light ) luk. 2. 14. and the sovldiers likewise came to john , saying ; and what shall we doe ? and he said unto them : doe violence to no man ; neither accuse any man falsely , and be content with your wages ; lest they so farre discontent and enrage us so farre , as to fall a quartering of them in good earnest , which we heartily desire ( if possible ) to prevent by this timely admonition , and notice of our unalterable , just and necessary resolutions , from which neither feare nor flattery , nor intreaties shall remove us . and shall likewise humbly importune the honourable houses of parliament to order and declare according to the tenor of the petition of right that all officers and souldiers whatsoever shall be liable to the jurisdiction , arrests , warrants and power of high sheriffs , justices of peace , mayors , bayliffs , constables , tything-men , and other publike officers of justice , for felonies , breaches of peace , and other misdemeanours punishable by the lawes and statutes of the realme , as farre-forth as any other subjects are and bee ; and that all those may be particularly enjoyned to discharge their duties herein ; and all officers of the army ordered to be ayding and assisting to them therein under paine of fellonie and being casheered ; without which wee shall enjoy neither security nor peace in country or city , no nor in our owne beds and houses . finis . notes, typically marginal, from the original text notes for div a91251e-90 a rastall . tit. purveyours ; and warre . b grastons chron. p. 390. c an exact collection . d mr. st. iohns his majesties sollicitor generalls argument , at a committee of both houses , concerning the earles attainder by hill , p. 35. 36 , &c. e 24. h. 8. c. 5. 21. ed. 1. de malefactoribus in parcis , fitz. coron. 192. 194. 246. 258. 261. 330. 22. asse 46. stamford . pleas . l. 1. c. 5. 6. 7. 11. h. 6. a 16. 14. h. 6. 24. b. 35. h. 6. 51. a. 9. e. 4. 48. b. 11. e. 4. 6. a. 27. h. 7. 36. 12. h. 8. 2. b. brooke corone . 63. trespas . 207. cooke . 5. report . 91. ashes . tables . coron . 6. 7. f this is evident by this clause of the writ for their election . ita quòd iidem milites , cives & burgenses sufficientem potestatem pro se & commvnitate , comitatus civium & burgensium praedictum ad faciendū & faciendū his , &c. ita quod pr● defectu ejuusmodi potestatis dicta negotia infecta non remaneant quovis modo . (g) grastons chronicle , p. 162. 163. cambdens brittania , p. 143. new presbyterian light springing out of independent darkness. or vi. important new queries proposed to the army, and their friends and party of the houses; concerning the late ordinance for repeal of the new militia of london, setled by an ordinance of both houses, when full and free, for an whole year, (not yet one quarter expired;) and other late repeals of ordinances and votes; and the high declaration against the intended petition and engagement of the londoners and others, for the speedy settlement of the kingdomes peace: occasioned by the debates thereof in the common councel in the guildhal on saturday last, the 24 of this instant iuly. discovering the dangerous consequences of repealing ordinances and votes, and the independents, sectaries, and armies plots, to blast the honour, justice, and reputation of this parliament, thereby to dissolve it and all others in it; their false pretences of peace, when they intend nought lesse; and their strange injustice and malice against presbyterians, which will end in their own dishonour and downfal. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91232 of text r201756 in the english short title catalog (thomason e400_24). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 27 kb of xml-encoded text transcribed from 7 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91232 wing p4021 thomason e400_24 estc r201756 99862256 99862256 114409 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91232) transcribed from: (early english books online ; image set 114409) images scanned from microfilm: (thomason tracts ; 63:e400[24]) new presbyterian light springing out of independent darkness. or vi. important new queries proposed to the army, and their friends and party of the houses; concerning the late ordinance for repeal of the new militia of london, setled by an ordinance of both houses, when full and free, for an whole year, (not yet one quarter expired;) and other late repeals of ordinances and votes; and the high declaration against the intended petition and engagement of the londoners and others, for the speedy settlement of the kingdomes peace: occasioned by the debates thereof in the common councel in the guildhal on saturday last, the 24 of this instant iuly. discovering the dangerous consequences of repealing ordinances and votes, and the independents, sectaries, and armies plots, to blast the honour, justice, and reputation of this parliament, thereby to dissolve it and all others in it; their false pretences of peace, when they intend nought lesse; and their strange injustice and malice against presbyterians, which will end in their own dishonour and downfal. prynne, william, 1600-1669. 12 p. [s.n.], london, : printed in the year, 16[47] attributed to william prynne by wing. annotation on thomason copy: "july 30th". imperfect: trimmed at foot, affecting imprint. reproduction of the original in the british library. eng england and wales. -army -history, (17th century) -early works to 1800. presbyterianism -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a91232 r201756 (thomason e400_24). civilwar no new presbyterian light springing out of independent darkness. or vi. important new queries proposed to the army, and their friends and party prynne, william 1647 4380 14 0 0 0 0 0 32 c the rate of 32 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-02 apex covantage keyed and coded from proquest page images 2007-04 jonathan blaney sampled and proofread 2007-04 jonathan blaney text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion new presbyterian light springing out of independent darkness . or vi . important new qveries proposed to the army , and their friends and party of the houses ; concerning the late ordinance for repeal of the new militia of london , setled by an ordinance of both houses , when full and free , for an whole year , ( not yet one quarter expired ; ) and other late repeals of ordinances and votes ; and the high declaration against the intended petition and engagement of the londoners and others , for the speedy settlement of the kingdomes peace : occasioned by the debates thereof in the common councel in the guildhal on saturday last , the 24 of this instant iuly . discovering the dangerous consequences of repealing ordinances and votes , and the independents , sectaries , and armies plots , to blast the honour , justice , and reputation of this parliament , thereby to dissolve it and all others in in their false pretences of peace , when they intend naught lesse ; and their strange injustice and malice against presbyterians , which will end in their own dishonour and downfal . london , printed in the year 164● new presbyterian light springing out of independent darknes or six important new queries , proposed to the army and their friends and humble servants of the houses ; concerning the late ordinance for repeal of the new militia of london , setled by an ordinance of both houses , when full and free , for an whole year ( not yet one quarter expired ) and other late repeals of ordinances and votes ; and the high declaration against the intended petition and engagement of the londoners and others ; for the speedy settlement of the kingdomes peace , &c. it is a common observation , that new laws ever beget new doubts and questions : so have some new ordinances and declarations concerning the militia , petition and engagement of london , in the common-councel an saturday last ; reducible to the ensuing six queries . 1. whether ordinances and votes of both houses , passed with mature deliberation in a ful and free parliament , over-awed by no armed power , may or can in point of honor , law , or justice , be retracted or repealed on a suddain , upon the request or demand of a mutinous army , by any contrary ordinances or votes , made upon less debate or consideration ; when the houses were neither so sul nor free as befo●e , and divided in the later , but not in the former ordinances and votes , and that in the same session of parliament ? and whether the armics and independents end in putting the houses now upon such repealing ordinances and votes , ( for which they have sufficiently jeered and abused them in print , and manifested the dishonor and prejudice of it , in their humble remonstrance of iune 23. p. 8. 9. ) is not to render parliaments vile and odious to the people ; and thereupon to abolish them , and change the whole frame of government of this kingdom , into a councel of war , and agitators for the present , and a popular anarchy for the future ? but we trust all wel-affected intelligent people wil be so discreet , as to turn the blame and odium only upon the cheif plotters , and drivers on of this design ; and never grow weary of parliaments , but of that factious army & their confederates , who thus pervert and abuse them , and deserve exemplary punishment for it . 2. whether such a manner of revoking ordinances , and eating or repealing former votes , wil not render all ordinances and votes contemptible , ridiculous , and of little or no validity ; and shake all the ordinances and votes of both houses , either for the souldiers and others indempnity , in acting for the parliament , upon any ordinances ; or for the security of moneys advanced for the publique service , upon the excise , goldsmiths hall , sale of bishops lands &c. and make all such security invalid , since revokable at pleasure , if the army or independents shal but propound it ? and then in what sad condition are the poor presbyterians , who have engaged all their estates upon the faith of such ordinances and votes , to raise , maintain , and gratify independent forces , officers , members ( who have contributed least of any , and received most ) who may dash and null all their securities in a moment , if they comply not with them ? and whether the citie , common-councel , and all others who have advanced moneys , or acted upon any ordinances , have not just cause to question the validity of such repealing ordinances and votes , which may endanger their very lives , liberties and estates , and expose them to all kind of extremities ; notwithstanding their oft promised protection and indempnity ? 3. whether the suddain repeal of the ordinance of parliament , of the 4 of may 1647 , for the militia of london , setled by unanimous consent of the common-councel ▪ and both houses when ful and free , to continue for a ful year ( at least ) upon a bare motion from the army ( whom it no ways concerned , and who never motioned it to the city or their commissioners , in any of their letters or treaties with their commissioners , for ought appears ) only to the commons house , without any grounds or satisfactory reasons alledged for this suddain change , or once hearing or conferring with the city or militia ( as they have usually done upon all other occasions of far less consequence then this ) by an ordinance of 23. july 1647. ( before three moneths of the time expired ) which renders no reason at all of the alteration ; be not a jesuitical device of some swaying sectaries and independents ; partly for to alienate and divide the city from the parliament ( who cannot but resent it as an high discourtesie and affront , and a very ill requital of all their former services and fidelity to the parliament , which hath been so oft supplied by their bounty , and preserved by their valour , when few or none else stood by them to the effusion of their blood , & advanced no less then 80000. l ▪ at once for the new-modeling & raising of this very ungratful army , which now thus unworthily puts such an insufferable disgrace upon them . ) but principally to gain the tower of london and magazines in it , into the independents and armies custody , to inslave and command the city at their pleasure ; they having formerly plotted to surprise it by stratagem , which would have rendred them very odious ; and this being a far more plausible way to gain its possession , by color of an ordinance of both houses , who must bear all the blame , and envy , whiles the contrivers of it go scot-free . 4. whether this president at the armies instance , of repealing the old ordinance of the militia by a new ; may not prove a dangerous leading case for the houses sodainly to repeal sir thomas fairfax and all his officers commissions , which are but durante beneplacito : & quamdiu se bene gesserint ; ( and therefore all * forfeited by their mutinies and disobedience : ) and the late votes for putting all the forces in pay within the kingdom under his command , and for the continuance , pay and establishment of the army : with all other late votes passed in their favour and at their desires , and their very act of indempnity ? and then what wil become of their worships ? have they not then made a rod for their own tails ; and a halter for their own necks , in stead of the cities by this new ordinance of repeal , made with more hast then good speed ? 5. whether the house of lords and commons have not by their ordinance for the taking of the solemn league and covenant , authorized , obliged , and engaged all wel-affected citizens , gentlemen , soldiers , and subjects of the kingdom , who have taken it , solemnly to unite their heads , hearts and forces together at this present ( and upon all other just occasions ) for the preservation of religion and vniformity in church-government against heresie , error , blasphemy and schism ; the safety of the kings person and authority ; the defence of the just rights and priviledges of parliament , and of their own lives , estates , liberties ; ( all now endangered by a schismatical mutinous party in the army and their confederates ) the present effectual relief of distressed ireland , and bringing his majesty to or neer his parliament , in an honorable and just way , for the speedy settlement of a firm and happy peace , after all our expensive and bloody ▪ wars , so long delayed since the war hath ceased , to their great grief and dammage ? if not , then they and others are all mistaken in the words and tenour of the league and covenant , engaging them thereunto in positive terms under pain and censure of detestable perjury , apostacy ; neutrality ; and that they shal not suffer themselves directly or indirectly by whatsoever combination perswasion or terror ( be it of an whole revolting army or a declaration of high treason either from his majesty or any independent members of either house , or any sectaries who have either not taken , forgotten , or abjured the covenant ) to be divided or withdrawn from this blessed vnion and conjunction , either to make defection to the contrary ( prelatical , sectarian or independent ) part , or to give themselves to a detestable indifferency and neutrality in this cause which so much concerns the glory of god , the good and peace of the kingdoms and honor of the king : but shal all the days of their lives zealovsly and constantly continve therin against all opposition , and promote the same , according to their power against all lets and impediments ; be it from the army or any other ? if yea , as is irrefragable ; then with what conscience , face or justice can such be declared traytors , or guilty of treason , who shal now re-engage themselves to make good this league and covenant , and that by those very houses ( perchance not persons ) who formerly enjoyned and earnestly pressed them to take it , and proclaimed them treacherous and perjured if they brake it ? was ever such a strange contradiction as this , heard of in the world before ? the king proclaimed those traytors heretofore , who should adventure to take it by the houses command ; and the independents in the houses must now declare those , who have taken it by their order , traytors , because they conscionably keep it against a perfidious armies mind , who have highly violated it in every particular branch . but to requite their kindness , those honest covenanters wil inforce them and make it good at their utmost perils before all the world : that those who wilfully and treacherously break this league and covenant , are traytors ; not those who zealously and constantly continue therein : and if their decryed petition and engagement be treason ; the armies seditious , mutinous petitions , declarations , demands and letters , and seising and detaining of the king from the parliament against their votes and covenant , is much more treason : and therefore this strange subitane declaration of their friends and party serves only for this good use , implicitely and by way of necessary sequel ; to proclaim the generals , officers , agitators and armies declarations , proceedings and demands high treason at the least ; seeing they resolve and declare ( by what law is questionable ) the very signing of this new harmless ingagement , ( warranted by the solemn league and covenant ) to be such ; which they had neither justice nor courage to do before in direct and positive terms , as they ought and should have done : which declaration is as justly revocable no doubt as that , and may be more reasonably excepted against , then that against the armies seditious petition , & engagement , the* seminary and ground-work of all their undutiful and treasonable proceedings since , against the king , parliament , and poor dying ireland . 6. what reason or justice is there , that sir thomas fairfax , cromwels , cornet joyce , the agitators and armies confederacy and * solemn engagements to seize the kings person ; march up to london to enforce the houses , impeach and demand xi . eminent members at once , without just cause ; subvert the rights and freedom of parliaments ; propose very high and unreasonable demands , to which they must receive a present answer , or else be enforced to take extraordinary courses ; draw all other forces in the kingdom , and those designed for ireland to combine with them against the parliament ; their seizing of general poyntz , and sending him to the army to be tryed by a councel of war for his life , only for disswading his officers to joyn with the agitators and armie in these treasons ; should never be declared nor proclaimed treason by the houses all this while ; and yet the poor faithful citizens ( to whom the houses owe their lives and preservation more then to the army ) be sodainly declared traytors by them , only for reingageing themselves according to their covenant , to defend the king , parliament , and city , against these revolters , and to endeavour a safe & speedy peace ; which the world wil beleive the army and their freinds in the houses never cordialy intended , but pretended , only to delude the people ; because they declare the citizens desire and engagement to effect it , to be no less then * treason , and a very dangerous design , discovered to the speaker , in a letter by col. harvey , with the names of the chief conspirators , from his bishoprick of fulham , the purchase whereof , and something else hath made him lately independentish : and why was h. m. that chast and saint-like independent , ( who hath so much honesty as never in two years space , after divers summons , to give an account of the states money he received , and so much piety , as to plead for that most damnable heretick and blasphemour , best and his books ) imployed to draw up this declaration against the citizens petition and engagement ; who pleaded so violently for the revocation of the declaration against the armies petition , as an high breach of the subiects priviledg● and birthright , fit to be revoked ? surely it seems it is either because some independent grandees of the houses were privy and consenting to all these trayterous actions and proceedings of the army and so would not declare against them ▪ for fear of proclaiming themselves traytors , as wel as joyce and the army ; or because the times are now so metamorphosed , and the independent party become so strong by the impeachment and d●iving away of the presbyterian members ; that high treason in an independent and sectary , is become a commendable vertue , at least an irreprehensible offence , and a presbyterians meer performance of his solemn league and covenant ( which this declaration , it seems , would utterly repeal ) become no less then treason ; so much are presbyterians down the wind , and such is the independents and sectaries brotherly affection and liberty of conscience towards them , even for doing their conscience . what may they expect from them hereafter , who are so injurious and harsh towards them already ? the independent and sectarian party now are grown so confident , that they think the whole kingdom and both houses theirs , and the presbyterians quite defunct : and thereupon have newly published a libel with this title : the last wil and testament of sir john presbyter ; who dyed of a new disease , called , the particular charge of the army , &c. with his life , death and bvrial ; also his epitaph : ( discovering their mortal hatred to presbyterians , and the armies design to kill and bury them , ) which they presume already done by the armies charge : but , gentlemen , be not over hasty : sir john presbyter , though he hath silently slept a while , is now awaked ; and neither dead nor buried , but alive , and alive will be , when king john of leyden , the anabaptist , and saint ignatius loyola , the jesuited independent may be strangled at tyburn , or lose their pates on tower-hil for their sacred treacheries ; the whole series and history whereof , with the names , places of meeting , debates , letters and resolutions of the chief heads of the faction from time to time , and those who have treacherously revolted to them for base private ends , he wil speedily publish to the world to their eternal infamy , to shew he is still alive and unburied , and privy to their deepest secrets ; which he wil not only charge but make good against them , in a more honorable and parliamentary manner , then the army did , or can make good their charge against the members they impeached ; who dare trie their innocency by battle in the open feild ( so many to so many and one to boote ) against the gallant general and lievt. general , and any 9. or ten officers of the army more , that are gentlemen born , to end the controversy and wars without more expence of blood , as wel as answer them at the commons bar ; and wil prove themselves more faithful to the state , then any of their greatest accusers , if both sides may come to a free and fair tryal . in the mean time he wil pray ; that the armies , sectaries , and independents private ends , and self-seeking designs ; may never be able to obstruct the speedy settlement of our publick peace in england , or releif of desperate ireland , now gasping out it 's last breath ; whose loss and blood must onely rest on their score . whom their great friend and patron john lilburn in his new-printed epistles to cromwel thus paints out in their saint-like colours ; p. 9 , 10. you have robb'd by your unjust subtilty and shifting tricks the honest and gallant agitators of a●l their power and authority , and solely placed it in a thing called a councel of war or rather a cabinet juncto of 7 or 8 proud self-end d fellows , that so you may without controul make up your own ends : the chiefest of them are as base as base may be ; and wil sel christ , their country , friends , relations , and a good conscience for a little money or worldly riches . and are such saints to be trusted by parliament or king ? in fine , if parliament members out of by-ends , or fear of , or compliance with any particular party whatsoever , wil pass any unjust , dishonorable or inconsiderate votes or ordinances ; it is a just judgment of god upon them , that they should be enforced and induced publiquely to retract them with shame and dishonor , even by the meanest of the people : whose late tumultuous proce●dings , though no ways justifiable or excusable , but deserving exemplary censure , and carefully to be prevented , suppressed on all hands by the militia and other officers appointed for that purpose , for the future : yet they must be looked upon by all wise conscientious people , as fruits of the armies pernicious disobedience and exorbitancies , and permitted , ordered by gods providence to punish & correct , if not reform , the obliquity and iniquity of such timerous ▪ self-seeking , or time-serving warping members , who out of fear , self-interests , or to please a prevailing party or army , care not what they pass or vote , to the parliaments dishonor , and the publick prejudice , or hurt of those who side not with them ; the late sad effects and dangerous consequences whereof , may ( through gods blessing ) convince them of their former errors in this kind , and engage them to vote and act with more syncerity and publique generous spirits for the future ; aiming only at the common good , peace and speedy settlement of our distracted and almost ruin'd kingdoms . a post-script . john lilburn , the armies champion , cheif advocate , and councellor in his letters to leivt. general cromwel ; p. 13. hath this notable passage , which proclaims them a meer unlawful rout of rebellious mutiners , acting without a commission from the king or houses , whose orders and commands they positively disobey and protest against : and therefore all wel-willers to the parliament are bound by their covenant to withstand and protest against them and their proceedings , and endeavor their present disbanding , for the peoples ease , and settlement of the kingdoms peace . the army under sir thomas fairfax , is not now an army acting by a commission from the king , or the two hovses ; for although they were raised by an ordinance of the lords and commons assembled at westminster , for the defence of the king and parliament , the true protestant religion ( not the scotch , jewish , antichristian , inslaving presbytery ) and the laws and liberties of the kingdom ( not the arbitrary wils of the houses ▪ as appears by the ordinance , 15. feb. 1644. 2. part , book , declar . fol. 599. which possitively commands sir thomas fairfax , from time to time , to submit to , and obey all such orders and directions as he shal receive from both houses of parliament , or from the committee of both kingdoms . yet now he and his army apprehending and beleiving , that the wicked and swaying faction in both houses , would destroy them , and inslave the whole kingdom , do not only dispvte the two hovses orders and commands , bvt also possitively disobey them , as vnjvst , tyrannical , vnrighteovs : and being now thereby dissolved into the original law of nature , hold their swords in their hands for their own preservation and safety , which both nature , and the two houses practises and declarations teacheth them to do ; and justifies them , in and now act according to the principles of safety , flowing from nature , reason , and justice , agreed on by common consent and mutual agreement amongst themselves , in which every individual private souldier , whether horse or foot , ought freely to have their vote , to chuse the transactors of their affairs , or else in the sight of god , and all rotional men are discharged from obeying , stooping , or submitting , to what is done by them . and p. 4. in his letter to cromwel march 25. 1647. he lays down this as a ground , why the army should not lay down their arms upon any conditions in the world , before they see the laws and universal wel-known liberties of england settled : seeing i wil undertake publickly , and hope shortly to prove , the parliament tyrannizeth ten times more over vs , then ever the king did ; and i wil maintain that by the law of this kingdom , it is ten times easier to prove it lawful for us to take up arms against them in the ways they now go ; then it was for them to take up arms , when they did , against the king . and i profess i would do it , if i were rationally able to morrow . for this good antiparliamentary doctrine the army in their late demands require the enlargement of this arch-traytor , who by his own confession in his printed letters was the principal instrument to instigate cromwel and them to their present rebellion against the houses , their members and proceedings , as arbitrary and tyrannical , to subvert both king and parliament . and therfore it is high time for the city and kingdom to take up arms to withstand them in defence of the parliament , king , kingdom , according to their covenant . finis . notes, typically marginal, from the original text notes for div a91232e-240 this lilburne affirmeth in his epistles p. 13 ▪ see lilburns letters to cromwel , and the armyes solemne engagement . of iune 8. 14. 20 ▪ 23. yea high treason , punishable with the forfaiture of life and estate , so are the words of the declaration . a fvll reply to certaine briefe observations and anti-queries on master prynnes twelve questions about church-government wherein the frivolousnesse, falseness, and grosse mistakes of this anonymous answerer (ashamed of his name) and his weak grounds for independency, and separation, are modestly discovered, reselled : together with certaine briefe animadversions on mr. iohn goodwins theomachia, in justification of independency examined, and of the ecclesisticall jurisdiction and rights of parliament, which he fights against / by william prynne ... prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56167 of text r3868 in the english short title catalog (wing p3967). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 103 kb of xml-encoded text transcribed from 13 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56167 wing p3967 estc r3868 11953745 ocm 11953745 51482 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56167) transcribed from: (early english books online ; image set 51482) images scanned from microfilm: (early english books, 1641-1700 ; 820:28) a fvll reply to certaine briefe observations and anti-queries on master prynnes twelve questions about church-government wherein the frivolousnesse, falseness, and grosse mistakes of this anonymous answerer (ashamed of his name) and his weak grounds for independency, and separation, are modestly discovered, reselled : together with certaine briefe animadversions on mr. iohn goodwins theomachia, in justification of independency examined, and of the ecclesisticall jurisdiction and rights of parliament, which he fights against / by william prynne ... prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56167 of text r3868 in the english short title catalog (wing p3967). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread 24 p. printed by f.l. for michael sparke, senior : and are to be sold at the blew-bible in green-arbour, london : 1644. reproduction of original in huntington library. "certaine briefe animadversions on mr. john goodwins theomachia, in justification of some passages in my independency, examined, unmasked, &c." : p. 17-24. eng goodwin, john, 1594?-1665. -certaine briefe observations and antiquaeries on master prin his twelve questions about church-governement. goodwin, john, 1594?-1665. -theomachia. church and state -great britain. church polity. great britain -history -puritan revolution, 1642-1660. a56167 r3868 (wing p3967). civilwar no a full reply to certaine briefe observations and anti-queries on master prynnes twelve questions about church-government: vvherein the frivo prynne, william 1644 19270 90 5 0 0 0 0 49 d the rate of 49 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2002-05 tcp assigned for keying and markup 2002-06 apex covantage keyed and coded from proquest page images 2002-07 john latta sampled and proofread 2002-07 john latta text and markup reviewed and edited 2002-08 pfs batch review (qc) and xml conversion a fvll reply to certaine briefe observations and anti-queries on master prynnes twelve questions , about church-government : wherein the frivolousnesse , falsenesse , and grosse mistakes of this anonymous answerer ( ashamed of his name ) and his weak grounds for independency , and separation , are modestly discovered , refelled . together with certaine briefe animadversions on mr. iohn goodwins theomachia , in justification of independency examined , and of the ecclesiasticall jurisdiction and rights of parliament , which he fights against . by william prynne of lincolnes inne , esquire . socrates scholasticus eccles. hist. l. 5. c. 20. ecclesia cum semel esset divisa , non una divisione acquievit , sed homines ab se mutuò aversi , alter ab altero denuò scesserunt ; atque adeò exigvam levicvlamqve occasionem nacti , mutuae communionis consociationisque vincula disruperunt . have salt in your selves , and have peace one with another . mark 2. 50. to this end was i born , and for this cause come i into the world , that i should beare witnesse unto the truth . ioh. 18 , 37. am i therefore become your enemy , because i tell you the truth ? gal. 4. 16. imprimatur . october 14. 1644 iohn white . the second edition some what inlarged , with materiall additions . london , printed by f. l. for michael sparke senior , and are to be sold at the blew-bible in green-arbour . 1644. of all the vanities and vexations of spirit , enumerated by the royall preacher , this is one of the principall , [ a ] that for all travell , and every right works , a man is envied ( yea , many times hated , oppugned ) by his neighbour . this hath been alwayes my condition heretofore and now ; my best actions and publike services for the common good , have been misconstrued , traduced , nay censured in an high degree , as ●…vill , by many ; though ( blessed be god ) approved , yea gratefully accepted by the best-affected to the church and state . the importunity of some reverend friends , lamenting the deplorable distractions of our church , which threaten disunion , and so ruine to us , in these unhappy times of intestine warres , prevailed so farre as to induce me to compile and publish twelve considerable serious questions touching church-government ; out of a córdial desire ( as much as in me lay ) to close up , not widen our divisions . which though they have given ample satisfaction to many truely religious , of all ranks and qualities , who have returned me speciall thanks ; yet they have found very harsh entertainment from others , who of friends b are become my professed antagonists ( if not enemies ) in print , because i have told them the truth : to whom i should have returned no reply but silence ( there being nought in these observations worthy answer ) but only to rectisie some mistakes therin and shew the opposite party those common errours wherby they deceive themselves and others . the first thing this namelesse respondent quarrels with , is c for my writing by way of quere ; to which i answer , that i had both presidents and reasons for it . presidents , from our saviour himselfe , who both instructed , refuted , convinced his opposites and auditors by demanding * questions only . presidents from philosophers , fathers , school-men , and all sorts of writers , ancient , modern , over-tedious to recite . reasons : 1. i conceived the questions touching church-government were not rightly stated by most ; and that the right stating of them by way of question , would be the best and speediest meanes to decide them . 2. the independent party had neither then , nor since ( to my knowledg ) dogmatically resolved or discovered in print , what that church-government is they so eagerly contend for , and pretend to be so plainly set downe in the word of god ( being not y●…t all agreed what they hold , or should desire , except it be this , to be left at free libertie to doe what they please ) and therefore i conjectured such queries to be the only means to discover and refute their concealed platform . 3. the controversies concerning church-government , were then and now in agitation in the synod and high court of parliament , the properest iudges of them ; therefore i thought it better became me in point of modesty and good manners , to expresse my opinion of them by way of question , then decision . finally , i found all independents guilty of petitio principii , in their writings , sermons , discourses , peremptorily concluding their form of church-government , to d be the onely government instituted by christ , the onely way of god , which hath more of god and christ in it then any other ; the kingdom , scepter , and throne of christ himself , and no other way beside it ; e that by the beauty and perfect consonancy of this government with the word of god , it may very reasonably ( yea and upon higher terms then of reason ) be thought , that in time it cannot but overthrow all 〈◊〉 of ecclesiasticall government ( and i fear civill too by the self-same reason , & stand up it self in their stead , which they closeup with a faxit deus & festinet●… : and , that writi●…g or disputing against this government , or opposing it in any kind , yea in thought , is no lesse then f a fighting against god , which will bring certain ruine on our realme in generall , and all private , open opposers of it : yet not one of them ( nor this respondent ) hath hitherto fully discovered to us , what this way or government is ; nor produced any one scripture or reason to warrant these superlative encomiums of it , but we must take all they say as gospel , upon their own bare words , without examination or dispute : and therefore i proposed these , with 12 other subsequent questions to them , to induce them to make good these transcendent ( that i say not arrogant ) positions touching their way ; since i seriously professe before god , angels , and men , that i could never yet discover the least footsteps of it in scripture , or antiquity , nor descry this their patern in the mount , which no age till ours had ever the happiness to behold , if it be worth the viewing , when unvailed by them to us . having thus given this respondent the true grounds of my writing by way of question , i shall briefly answer all his materiall observations and anti-queries upon my twelve questions , pretermitting his impertinencies . 1. to the first question the respondent gives no answer at all to the things demanded , but only misrecites the question , without my limitations ; and then seemes to refute , what himselfe propounds , not i : he should have demonstrated by direct scriptures , that christ hath prescribed one set immutable forme of government to all christian nations , churches in the world , from which none must vary in the least degree , without sinne , schisme , or being no true churches of christ , with whom good christians may with safe conscience communicat ; and that nothing herein is , or can be left free to humane prudence , ( though themselves most stifly plead , that christ hath prescribed no * set form of praying or preaching to ministers , people , but left all men free to use their liberty and severall gifts in both ; on which grounds they condemne all set forms of publike ( if not private ) prayers , ( and some of them the use of the lords owne prayer ) together with there ading of set homilies ; upon which very grounds they must also deny all set formes of church-government , as well as of prayer and preaching : ) and then have positively delineated , exactly proved the modell of this pretended government , discipline , in every particle thereof , by gospel-texts , so far as to satisfie mens erronious judgments , consciences herein , that so they might either submit thereto without dispute , or propound their objections against the same . but in this maine point ( whereon the hinge of the controversie turnes ) the respondent is wholly silent , and i shall expect his answer ad graecas calendas . only lest he might seem to say nothing , he endevours to prove , that there is a set forme of church-government prescribed by christ in the gospel , not by direct texts , but from pretended absurdities of his owne fancying , ( for which he can produce no text nor reason ) wherein he hath prevaricated , and shewes himselfe absurd . first , ( writes he ) if this were granted ( that there is no such set form of church-government prescribed to all ) the gospell would be * straiter then the law , christ more unfaithfull then moses . if we deny these absurd consequences , you shall have these sound proofes of both subjoined ; god set a patterne to * moses of a carnal temple , ( you mistake good sir , it was a tabernacle , and that not carnall ) which he charged him not to vary from in a tittle : ( well , i grant it , because you produce * two full scriptures for it ) ergo , he hath prescribed a set pattern of church-government and discipline to all christian nations , churches in the new testament , from which they must not vary in one tittle . if he ( or any other ) can shew me such a pattern as he contends for , so clearly delineated to us in the new testament , as that pattern of the tabernacle god shewed moses was in the old , and then produce as direct precepts enjoyning all christians , republikes , churches , not to vary from it in one tittle , as moses had not to vary from his , i shall beleeve his sequell ; till then i shall deeme it a true independent argument , and as grosse a non-sequitur as this , which necessarily followes upon the concession of it . god shewed and prescribed to moses the expresse pattern or fashion of aarons and his sons garments , ornaments , under the law , exod. 28. ergo he hath likewise shewed and prescribed the expresse pattern , fashion , and colour , of all bishops , presbyters , ministers garments , ornaments under the gospel , ( most likely in the roman ceremoniall and pontificall . ) if the one consequence be ridiculous , the other must needs be so . but to quell this your principall argument , first , the patterne in the mount was meant onely of the materials , forme , vessels and utensils of the tabernacle , not of the government and discipline of the iewish church ; therfore very impe●…tinent to prove a setled church-government , discipline , under the gospel . secondly , it was shewed only to moses , the temporall magistrate and chief ruler of the israelites ; not to aaron , or any private independent priest or synagogue of the iewes ; yea moses ( not they ) was to make , or s●…e all things † made according to the pattern in the mount ; ergo ( if there be any consequence from this patterne ) not the independent minister or congregation , but kings , chief temporall magistrates , and parliaments ( the supreme civill powers , councels , ●…e likewise ( under the gospell ) to prescribe and set up such a church-government as is agreeable to gods word : as moses , joshua , david , solomon , hezekiah , joshiah , nehemiah , and other godly princes , governours , with their parliaments or generall assemblies did under the law : and then what becomes of your independent ministers , congregations claimes to this soveraigne temporall jurisdiction , ( a part of christs kingly office , delegated onely to kings , and highest temporall powers ) which was never conferred on them ? in fine , if there be any such expresse unalterable divine patterne of church-government under the gospel , i pray informe me , why it was not as punctually , as particularly described in the new testament , as the forme of the tabernacle , of its materialls with all the services , ornaments , appurtenances of it , and of the temple were under the law ? nay , why was the tabernacle altered into a * temple , different from it ? and why did the second * temple vary from the first , and that in the self same church and nation ? if these were patterns of the church-government under the gospel , and yet varied , altered successively in this manner ; then by consequence the government , discipline under the gospel is variable , alterable too , and so not fixed , nor immutable . his second argument . that christ should neither be faithfull as a husband , head , nor king of his church , if he should give others power to order it as they pleased to their owne civill government not setting downe his owne lawes for them to walke by , is both a fallacy & absurdity . there is no man doubts but that christ in the scriptures ( which some of you refuse to heare read in our churches , though * publike reading of them be gods owne ordinance ) hath prescribed to us all necessary rules lawes both for our faith lives either in a general or special manner which a●…l must pursue . but that he hath punctually or particularly set down any exact unalterable form of church-government , for all christian nations , churches to follow , under pain of being unfaithfull in all the former respects ; and that the independens modell alone is that very patterne ( the onely point in question ) remains on your part to make good . a man may be a faithfull husband , king , master , father , though he prescribe not distinct particular lawes , to regulate each particular action of his wife , subjects , servants , children : * let all things be done decently and in order , ( a generall rule for church-government ) is sufficient to excuse christ from these your presumptuous reproaches , and regulate all particulars , though left indefinite , as well as this generall rule for our christian conversation , phil. 1. 27. let your conversation be as becommeth the gospel of christ : and this other for our speech , eph. 4. 29. let no corrupt communication come out of your mo●… , but that which is good to the use of edifying . you may as well charge christ with unfaithfulnesse , for not prescribing to us a generall liturgy , or every particular action we should doe , every word we should speak , or ministers preach upon any occasion , as for not prescribing a particular forme of church-government . his third argument , that rev. 11. 1 , 2. we read of a † measuring of the temple ; and rev. 21. 1 , 2. of the new jerusalem comming downe from god out of heaven prepared as a bride adorned for her husband ; ergo there is a setled divine church-government universally prescribed to all christians in the new testament ; is no better a proofe of this assertion , then the angel of the church of ephesus , is of our prelats lordly hierarchy jure divino . he might as well , yea more properly have concluded thence , that the altar was measured as well as the temple , rev. 11. 1. ( referring only to the * jewish not christian church , which hath no * temple nor altar : ) ergo we ought to have an altar , yea one divine set form of altars in all christian churches under the gospel : which i hope you dare not aver . after these three independent arguments , he pretends my third quere contradicts the first , because i suppose a church-government may be consonant to gods word in the generall , which is not particularly prescribed in it : a pretty fancy ! as if nothing could be consonant to gods word , which is not particularized or verbally enjoyned in it : are not our materiall churches , garments , temporall magistrates , majors , corporations , parliaments , courts of justice , laws of all sorts , yea festivals , covenants , monthly fasts , &c. agreeable to gods word , because not literally prescribed in it ? are your private church-covenants , unmixt communions ( as you phrase them , ) erections of independent congregations without the licence of temporall magistrates , not consonant to the word in your owne opinions , though no where extant in it ? if not , then all your divine pretences for them vanish , and you yeeld your cause : if yea , you must then recant this pretence of a contradiction , till you are able to prove 〈◊〉 better then yet you have done . having played the logicians and contradictors part so well , he next betakes himself to his anti-queries to prove a set church-modell : which are three . 1. if no prescript forme ( of church-government ) in the word , why not episcopacy ( especially regulated and moderated ) as well as presbytery ? i answere , if you meane it of lordly episcopacy , there are abundant pregnant texts against it , to prove it opposite to gods word . if of moderated or regulated episcopacy , the same with presbytery : if the parliament by the synod●… advice unanimously establish it , as most consonant to the scriptures , and most agreeable to the civill government , i shall readily submit unto it without opposition , and why not you and all others ? 2. if church-government be suited to states , whether politicians are not more fit to consult about establishing it ? why is an assembly of divines called to search the word about it ? i answer , that my position is , that every church-government ought to be suitable to gods word , as likewise to the civill state ; therefore politicians and states-men are fit to be consulted with , to suit it best to the civill state ; and an assembly of divines , to square it likewise by and to the word : the true reason why in this our realme , and all other christian states ( as i can abundantly manifest if need be ) ecclesiasticall lawe●… and formes of government have ever been setled by parliaments , with the advice of synods , councells , wherein states-men and church-men have jointly concurred in their deliberations and votes , using both the bible and the law to settle it , and not throwing either of them aside , as incompatible , as ignorant or lawlesse persons deeme them , but joyning both together : true civill or ecclesiasticall policy , skill in government , arts , wholsome lawes , boing † gods gift , as well as spirituall graces . to his third anti-quere i answer , that it is more reasonable the * state should be subject to christs rule , then christ to its direction : but this quere is quite besides the question , till you prove infallibly , that christ hath prescribed a set unalterable divine government , to which all churches , nations , states , must necessarily conform ; and clearly manifest what this government is in all its particulars . till this be done the sole question is , whether christian princes , parliaments , states , synods , under the gospel , have not a lawfull power to prescribe ecclesiasticall lawes and forms of government , not repugnant to the word , not ( to christ himself , as you pretend , who is † king of kings , and lord of lords , above the reach or command of humane power ) but to all particular christian churches , congregations , subjects under their respective jurisdictions ? and whether the whole representative church and state of england in parliament , have not sufficient authority by gods law to over-rule and bind all , or any particular members or congregatious of it , as well as the major part of an independent congregation , power to * over-vote and rule the lesser part , and to order , yea bind any of their particular members ? a truth so clear , that no rationall man , good christian or subject can deny it : your prime argument then , wherewith you deceive poore silly people , that kings , parliaments , cannot prescribe lawes and canons to christ himselfe , the soveraigne lord and king of his church ; ergo , they cannot prescrib them to their christian subjects and churches , who by christs owne ordinance are subject to their lawfull soveraigne authority , is pure independent non-sence ; much like this ; a master , father , cannot prescribe laws , rules to the king or parliament , who are paramount him : ergo not to his servants , children , who are subject to him . as for the latter part of this querie , that the saints thinke christ is king alone over his churches , and hath not left them to substitutes , and the politicke considerations of men to bee governed by ; if hee meanes it onely of matters of faith , or of meere internall government over the soules of men , it may passe as tolerable ; but if hee intends it of externall ecclesiasticall government , discipline , or order in the church , or state as christian , hee must renounce his oath of allegeance , his late protestation , nationall vow and covenant , and make rom. 13. 1 , to 6. 1. pet. 2. 13 , 14. tit. 3. 1. 1 tim. 2. 1 , 2 , 3. to be apocryphall ; the confessions of all protestant churches heterodox ; and deny christian kings , magistrates , highest civill powers , to be christs substitutes , vicars , in point of government , ( to whom christ hath delegated his * kingly power ) as truely as ministers are his deputies in point of instruction , admonition , to whom he hath bequeathed his propheticall office . 2. in his answer to my second quere , he first wilfully misrecites it , then infers † a blind obedience from it to all superiours commands , be they never so unjust or contrary to gods word ; whereas my question speaks onely of lawfull decrees , &c. consonant to gods word , and to the civill lawes , government , and manners of the people ; to which every christian in point of conscience is bound to submit , ( without any danger of blinde obedience ) by the expresse resolution of rom. 13. 1 , to 6. 1 pet. 2. 14 , 15. tit. 3. 1. ezra 7. 26. josh. 1. 16 , 17 , 18. heb. 13. 17. if any man deny this verity , he must renounce not onely his christianity , but his allegeance and humanity too . but suppose ( saith he ) the whole parliament and synode should erre in commanding a government that is erronious or untrue , must we then submit unto it ? i answer , first , such an oversight is not to be presumed before it be actually committed ; and it is neither * christian , charitable , nor any way of christ , thus to prejudge their resolutions . secondly , if the decrees or government they establish be not directly against gods word , nor pernicious to our soules , though not altogether such as we could wish , yet we ought contentedly to submit unto it without opposition : if contrary to the word , we must then 〈◊〉 submit thereto for the present , and expect a redresse in gods due time . but if it be such a government and discipline under which we may freely enjoy the sincere and powerfull preaching of the word , the due administration of the sacraments , and all other ordinances of god necessary for our salvation and edification , ( as we may doubtlesse do under a presbytery , and that government our pious parliament intends to settle ) we ought cordially and cheerfully to submit thereto ; yea thankfully to embrace and blesse god for it , and can neither waiwardly oppugne nor refuse submission to it , without arrogancy , contumacy , and apparent schisme . as for his question concerning my owne and follow-brethrens sufferings , ( which we deeme our honour , not our shame ) i answer , that none of us suffered for opposing , writing , or speaking against the bishops legall authority , or any ceremonies established in our church by act of parliament ; but onely against their pretended divine right to their episcopall lordly power , diametrally contrary to scripture , fathers , councels , the best protestant and popish authors , the * statutes of our realm ; and against their innovations in doctrine , discipline , ceremonies , canons , &c. contrary to the lawes of the land , articles , and homilies of our church ( as the parliament hath resolved them ) as all our books demonstrate , and dr bastwicke in direct termes , in the preface of his flagellum : and therefore it could be neither pride , arrogance , nor schisme , but meer conscience and duty in us , to oppose them in these their usurpations and innovations only contrary to the laws of god and the realme : if he and his would containe themselves within these our bounds , our church should enjoy more peace , their persons more honour , then now they are likely to gaine , by opposing prejudicating both the parliaments and synods proceedings , though never so pious , consciencious , religious . 3. his pretended contradiction of the third quere to the first is formerly answered ; i shall onely adde , that things may be consonant to the * generall rules of gods word , though not precisely , prescribed in it : all independent ladies gentlewomen , ( and you i hope ) will grant , that their different fashions , habits , colours , attires , are all agreeable to gods word , ( if modest ) and warranted by this generall precept 1 tim. 2. 9. let women adorn themselves in modest apparel , though not particularized in the text : so may a church-government or dresse be consonant to scripture , though not precisely delineated or enjoyned by it . 4. to the fourth he gives no answer at all , but bids me prove it ; which i have done already in my independency examined , till it be disproved . 5. to the fifth , he grants that independency will overthrow all nationall churches and synods ; and the two independent brethren assure us in their reply to a. s p. 111 that in time it cannot but overthrow all other sorts of ecclesiasticall governments : is it not then a turbulent , dangerous , schismaticall , unquiet ( that i say not insufferable ) government , by your owne confessions , which will admit no equall nor corrivall ; nor yet any nationall church , synod , parliament , prince , or temporall magistrate , to exercise any ecclesiasticall , legislative , or magisteriall authority over any of their conventicles , members , persons , liberties , estates , much lesse over their consciences , as they are christians ? will any parliament , state , or nation , ( think you ) suffer such a government to take root among them , which will un-king , un-parliament , un-church , un-nation them altogether , and make each severall congregation an absolute monarchy , church , republick , nation , within it selfe , depending on , subordinate wholly to it selfe , as if it and they were no part or members of the publike ? the lord preserve us from such a dividing and overturning government . as for his invectives against the formality , tyranny , and enslaving of mens judgments in the presbyteriall way , as inconsistent with spirituall liberty and state priviledges ; they are meere groundlesse calumnies , to draw an odium on it , ( some of your male-contented party professing they would rather set up lordly episcopacy , which they have abjured , then it ) whereas these aspersions suit better with your independent modell , which is more rigid , uncharitable , unsociable , papall , tyrannicall , anti-monarchicall , anti-synodicall , yea anti-parliamentall , ( as i have elsewhere manifested ) then any other church-government whatsoever . for my pretended bitter expressions , they are so suitable to the effects and reall consequences of this new way , ( as you stile it ) that i could not expresse my self in other language , without injury to the truth : and if any of my best friends , who stood by me in my sufferings , deem themselves injured or reproached by them , ( as you pretend , though none of them have yet complained to me ) it is ( i hope ) onely scandalum acceptum , non datum ; and i presume my friends are so ingenuous , as not to be offended with me for * reproving only their errors with ingenuous freedom , in which i manifest my self their greatest friend , because i neither spare nor flatter them in their mistakes : however , though i really honour all my christian friends , as well independent as presbyteriall ( whom you most scandalously traduce as episcopall and time-servers heretofore ) yet i preferre the * truth of god , the peace and safety of my native , bleeding , dying church and countrey , ( now much endangered by our unhappy divisions ) before all friends or earthly comforts whatsoever . as for your pretended unsubjection of presbyterian synods and churches to the parliament in setling ecclesiasticall matters , i neither know nor plead for any such ; and our present assembly being both appointed , directed by , and submitting all their determinations wholly to the parliament , ( as they are obliged both by orders , protestation , covenant , and professe they ought to doe ) armes me sufficiently against any such improbable untrue surmise . 6. to the sixth quere he returnes no answer , but plainly yeelds , that there was never any independent church in any age or nation whatsoever , totally converted to the christian faith , till this present ; nor any one author that maintained it , till mr ainsworth ( a separarist ) from whom the apologists professe their dissent in some things . as for any reverend godly persons , who now contend for this new modell ( whose piety , eminecy make their errors not lesse false but farre more dangerous , & infectious ) though i reverence their persons , yea judgments : too in other things , yet i cannot subscrib to them in this new dangerous bypath , wch is not yet so beaten as to deserve the name of christs road-way . for the new supposed light , discovered in these dayes , touching church-government , if you meane it onely of your independency , ( which you borrowed from the brownists , or low-countrey anabaptists , the first inventors of this government ) i doubt when brought out to the light , and examined by the word of light , it will for the most part prove but twilight , * if not darknesse : if you meane it of any other light , that is truely such , we blesse god for it , and desire to walke brotherly and unanimously in it . in the seventh he grants , that the law of nature , which instructs men to unite themselves into one nationall state , or civill government , doth likewise teach them to joine themselves into , subject themselves unto one nationall church , and to nationall synods , parliaments , in point of church-government ; in which every particular man hath his vote though not in proper person ( which hee objects is necessarie , but i deny , since all cannot possibly assemble ) yet in their deputies , knights , burgesses , or selected commissioners : and though it bee t●ue , that christ hath not given magistrates such absolute authority over mens consciences as bodies , ( as you object ) yet hee hath enjoyned us to bee * subject to the higher powers , and to every lawfull ordinance of man ( not repugnant to his word ) even for conscience sake , and the lords sake too . for my passage , that there is no example of gathering independent congregations , not of infidels but of men already converted to , and setled in the christian faith , unlesse derived from the private conventicles of arrians , novatians , donatists , and other hereticks , who yet w●re not independent among themselves ; it is not a bitter speech , ( as you phrase it ) but a true one and onely bitter to you because undeniable : for as it was the * common practice of those seducing hereticks , sectaries to gather private conventicles of their own , and labour to draw other orthodox christians from their proper ministers to incorporate themselves into their private separated congregations , as historians informe us : so no such practice of alluring and stealing away other pastors sheep from their proper shepheard who first coverted them to , and edified them in the faith and grace of christ can be produced , but only in these hereticks and sectaries whose practice your independents imitate . as for those private conventicles ( as he phraseth them ) for which he saith i may blesse god , that i was remembred in them with tears , when others durst not name me ; as i do really blesse god for them and those who remembred me effectually in them , so i dare not stile them conventicles in an ill sense , since not † such by law , being only lawfull assemblies of private christians to seek unto god by prayer & fasting upon extraordinary occasions , which all good christians cannot but approve : but all these meetings were farre from being then stiled , reputed independent churches , or having any affinity with them ; so as they make nothing for his cause . 8. to the eighth quere he gives a negative answer , first in generall next in particular to some instances . first he grants , that there was a nationall church ( yea nationall assemblies , parliaments , determining church-affaires ) of the jewes , but these ( saith he ) cannot be a pattern for us now , because the covenant of the gospell is not made with any one particular nation , as with the jewes , but to all nations that embrace the gospel , and beleeve in christ ; you have no promise nor prophesie of any nation to be holy to god but the jewes nation , when they shall bee called againe . to which i reply , first , that independents have not the least precept or example for any solemne covenant made betwixt god and men , to walke in the wayes of god , &c. but onely * in the old testament , and church of the israelites , and that no private congregationall , but publ●…ke nationall covenant , prescribed by the supreme temporall magistrate and assembly , not by the priests or private synagogues ; yea the principall precepts , presidents for publike or private fasts , sanctifying the sabbath , &c. you likewise derive from the old testament and that church ; why then should not their nationall church be a pattern for us , and you to imitate , as well as their nationall covenant , fasting , sabbath-keeping ; the church of god being all one , ( as it is a church ) both under the old teastament and new ; and the pattern of it under the law a better pesident for the church under the gospel , ( of which it was a type and fore-runner ) then the pattern of the tabernacle shewed in the mount ( so frequent in your lips and books ) a president for your independent modell , to which it hath no analogy . 2. this reason is most absurd and false , the covenant of the gospel extending not onely to particular persons , but to * all nations and people whatsoever , who are both prophesied and promised to become christs own inheritance , possession , people , spouse , church and to be an holy nation , a pecvliar people &c. to the lord , in infinite texts both of the old and new testament , which i wonder the respondent should either not see , or forget , being ten thousand fold more cleare and visible then his independent platforme , which few or none can yet espy in scripture , history , or politiques . 2. he addes , that i cannot sh●…w any nation , every member whereof is qualified sufficiently to make up a church , which is christs body , unlesse i will take in drunkards , whore-masters &c. to be members of a church , whereas the word saith , they must be visible saints , and this cannot be avoided in a nationall church . i answer , that i dare not be wiser then my master christ , who informes me , that there will , and must be alwayes in the visible church on earth ( be it nationall , parochiall , presbyteriall , or congregationall ) * goats among the sheep , chaffe among the wheat ( which must grow together ●…ill the harvest , at the end of the world , to wit the day of judgment ; & good fish mixed with the bad in the churches net . 2. i finde a a judas , a devill , among the apostles , many b grosse sinners , idolaters , and corruptions in the jewish church ; many abuses , epicures , drunkards , wh●…re-masters , l bertines , unclean●… persons , and false teachers , in the churches of galatla , ephesus , colosse , pergamus , smyrna , thyatira and laodicea ; yet the scripture expresly stiles them c the body and churches of christ , and reputes such , members ( though corrupt ones ) of those churches ; who doe not actually cease to be members when excommunicated or suspended for a season , after they are baptized , and professe the christian faith : nor did any separate from these churches , though they had some corruptions and evill members . for you therefore to separate from , and unchurch such nationall or parochial churches , which have some such members in them , is to unchurch all churches both in the old , the new testament , and world it self , yea your own churches too . 3. the scripture is expresse , d that many are called , but few chosen and saved ; that all must be compelled to come into the church , though they want the wedding-garment : there never was , nor shall be here on earth , any one visible church compacted wholly of reall elected saints , without any mixture of reprobates , ; such a church we shall meet with onely in heaven , i am sure you can gather none such on earth . 4. are there no corrupt or drunken members in your independent churches , but onely reall visible saints ? are there no usurers , oppressors , corrupt dealers , covetous , proud , malicious , uncharitable , censorious persons ; no apparent hypocrites or dissemblers ? yea , are there not many sinnes and corruptions in the best , the choicest of all your members ; ( who cannot depart away , or quite separate themselves from their * own bosome corruptions , ) as there is and will be in the best of men during their mortality ? if your independent congregations consist of such members as these , of men subject to like passions , sinnes , infirmities as others in presbyteriall churches , what then is become of this your reason and principall ground of independency , or rather , separation , or brownism , its ancient proper title ? you may lay it up in lavander for another world , but can make no use of it in this , where you cannot so much as dream of a church of reall saints , without any mixture of corruption : and therefore rather then separate , or leave us in a p●…lt , because you cannot have your wills in all things , you should with blessed paul ( as tender-conscienced no doubt as any of you , and a lawfull pattern for your imitation , * to the iew become as iewes that you might gain the iewes , to them that are under the law , as under the law , that you might gaine them that are under the law : to them that are without law , as being not without law to god , but under the law to christ , that you might gaine them who are without law . to the weake you should become as weake , that you might gain the weak : yea be made all things to all men , that you might by all meanes gaine some . which how farre you in your new way are from , let all men judge . 3. for his answers to that of acts 15. all ages , churches , till this present , have held it both an expresse warrant and president for the lawfulnesse , usefulness of nationall and provinciall synods to determine differences in religion , ( which particular churches , persons cannot decide ) and making necessary canons for church-affaires ; neither can all his shifts elude it : to his first and second reasons or rather evasions i answer , it is clear by act. 15. 2. that the church of antioch it selfe could not decide the question , nor paul nor barnabas satisfactorily determine it , so farre as to quiet all parties ; and therefore they sent delegates to the apostles and elders at hierusalem , there to decide it : none is so ignorant but knowes , that there are many controversies now on foot concerning doctrine , discipline , and church-government , which no particular congregations , ( nay hardly an whole synod and parliament together ) are sufficient to settle and determine ; therefore there is a kinde of necessity of nationall synods as well as of parliaments , whence all ages , churches , have used them . to his third reason i reply , that it is evident by expresse words vers. 2. 5. 6. 7. 10. 19. 20. 24. that the principall end why the apostles went up to hierusalem , and why this synod ass●…mbled , was not to prove the false apostles lyars , ( as he affirmeth ) but to debate and consider this qvestion and matter , wheth●…r ●…he gen●…les ought ●…o bec●…rcumci s●…d ? to his fourth , i say , that though this meeting was occasional , yet it i●… a sufficient warrant for generall meetings , which are usua●…ly called , only upon speciall occasions of moment : in it there was a generall assembling of all the apostles , elders , and brethren at hierusalem , ( where there were then divers particular congregations , as our assembly long since resolved from acts 2. 6. 41 , 42 46 , 47. c. 4. 4. c. 5. 14 15 , 16 , 42. c. 6. 1. to 9. c. 8. 2 , 3 , 4. c. 11. 1 , 2. c. 12. 12 , 13. c. 21. 17 , 18 23 , 22. which if independents deny , then they must prove , that all the apostles and elders at hierusalem were pastors but of oneand the self-same individuall congregation ; and then what becomes of their independent churches ; which have no apostle , and onely one pastor , but scarce any elders in them ) who upon this speciall and some other publike occasions met all together , and that not to advise onely but determine and resolve , as is evident by vers . 6. to 32. c. 16. 4. c. 21. 25. which compared with the texts of the old testament in the margin of my quere , , where we finde frequent nationall generall assemblies , synods , or parliaments ( if i may so stile them ) among the israelites ( prescribed , appointed by god , and no wayes contradicted , revoked under the gospel ) determining † all ecclesiasticall controversies setling , ordering all church-affaires , matters concerning the arke , temple , sacrifices , passeover , priests , nationall covenants , fasting-dayes , festivalls , suppressions of idolatry , false-worship , reliques of idolatry , and the like ; are an impregnable evidence of the lawfulnesse of nationall synods , parliaments , assemblies , in all christian kingdomes , republikes , upon the like occasions , and that they are endued with equivalent authority ; there being no one text in the old or new testament , nor any shadow of reason , ( but mee●… shifts or obs●…inacy of spirit against publike govetment , order , and authority ) to controll it . if any pretend they doe it onely out of consci●…nce , if they will but seriously gage their owne deceitfull hearts , i feare their conscience will prove but wilfulnesse , having neithe●… precept pre●…dent , nor right reason to direct it : so as i may truely 〈◊〉 his own calumny against me on him and his , that his and their own name , will , or opinion , is their onely argument against this shining truth , which all ages , churches , have acknowledged , ratified , practised , without the least dispute . 9. to my ninth quere , and arguments in it he returnes nothing worthy reply , but upon this petitio principii , or begging of the thing disputed ; that the scripture and apostles have prescribed a set forme of government in all after ●…ges for the churches of christ , which he neither can , nor endevours to prove ; and that churches in the apostles dayes were independent though doubtlesse all churches were then subject to the apostles lawes orde●…s , edicts , decisions , though no immediate ministers or pastors of them . ( as appeares by their epistles to them ) therefore not independent : so as my arguments hold firme , and his answers weak . as for his retorted argument : that the scriptures were writ in the infancy of the church : therefore wiser and better scriptures may be writ now ; it is a blasphemous and absurd conclusion they being all writ by the spirit and inspiration of god himselfe the very * a●…cient of dayes , who hath neither infancy nor imperfection , as the church hath . to his second objection that i would needs mak a nationall church , state , more perfect , understanding , and wise , then a congregationall : i f●…are are not to averre it●… since warranted by * direct scriptu●…e and since your selves must grant , that the church under the law was more perfect then that before it ; the church under the gospell more perfect then under the law ; and the churches under the gospel , at the end of the apostles dayes , when furnished with more divine knowledge , scriptures , gospels , officers , and rules of faith , manners , discipline , more compleat and perfect then at their beginning to pre●… : no man doubts , that though a * new-born infant and christian have all the parts and members of a man and saint , yet they have not so much perfection , understanding , knowledg , judgment , strength of grace , or spirituall wisdome , as grown men and christians . an aged , experienced , growne minister , christian , is more compleat and perfect then a new converted † novice , or babe in grace ; ergo a growne and nationall church , then one but in the embryo . your independent churches , in their primitive infancy , when they had but two or three members onely in them , and wanted both elders , deacons , and other necessary church-officers ( as mr sympsons church first did ) i am certain in your own opinion were not so complete and mature as you intended to make them afterwards by degrees : a village is not so complete a republike or corporation as a city , nor a city as a † kingdom , not a family as a county , not a consistory as a synod , nor a cou●…t of aldermen as a common-cou●…cell , not that as a parliament : therefore an independent singular congregation not so complete as a nationall church , being oft enforced to pray in the aid of other churches for advice , assistance &c. ( as your selves confesse ) which an whole nationall church need not to doe . in 〈◊〉 himselfe confesseth , that the apostles made new rules for government and discipline as occasion served ; and that as god fitted occasions , so he made knowne new rules successively by degrees , not at once ; and added new officers , as evangelicall b●…shops , elders , deacons , widowes , evangelists , doctors , pastors , teachers ( which some distinguish from presbyters , and d●…fine to be severall offices : ) therefore the infant church in the apostles dayes was not so compleat , perfect in all parts as the multiplied and growne churches afterwards . 10. my tenth q●…re he wil●…ully misrecites as he doth the rest , else he had not the least shadow of exception against it , a●… propounded it , and then 〈◊〉 an answer by way of dilemma to it : to which i reply , that if the parliament and synod shall by publike consent establish a presbyteriall church-government , as most consonant to gods word , the lawes and reiglement of this kingdome , independents and all others are bound in conscience to submit unto it under paine of obstinacy , singularity , &c. in case they cannot really prove it diametrally contrary to the scriptures , and simply unlawfull in point of conscience , not by fancies , or remote inconsequences , but by direct texts and precepts ( which they can never doe ; ) and that because it is thus commanded ; established by the higher powers , to which in all lawfull or indifferent things wee are bound to render all ●…eatfull obedience , without resistance , even for conscience sake , by expresse gospel texts , rom. 13. 1 , to 7. tit. 3. 1. 1 pet. 2 14 , 15. which i wish you would p●…actise better , and make make more conscience of then now you doe . as for his crosse interrogatories , i answer , 1. that if the popes councels command lawfull things to those who a●…e subject to their power , they are as well to be obeyed as the commands of * heathen emperours , magistrates , parents , husbands , by christian subjects , wives , servants , living under them , are . 2. that there is a great difference between matters of opinion onely , and of practise ; that his instanced points , whether lo●… episcopacy be jure divino ; or their making out processe under their owne names and seales be agreeable to the law of the land are matters onely of opinion simply in themselves ; and if a synod and parliament should have determined the first , and the iudges resolved the last , affirmatively , their resolutions could not binde my judgement absolutely , so farre as to subscribe their opinions as undoubted truths , unlesse they could satisfie my arguments and authorities to the contrary ; but yet they should & ought to bind me for the present so far as to submit to their authority & processe in their own names in things within their legall cognisance : so if the parliament and assembly shall establish any church-government , as most agreeable to the scriptures and our lawes , though this binds not all independents to be simply of their opinion , unlesse the reasons and arguments produced for it be sufficient to convince their judgments , yet it binds them in point of practise and obedience , outwardly to submit thereto , and not to separate from it , under pain of arrogancy , faction , schisme , unlesse they can clearly manifest it to be absolutely unlawfull and repugnant to the scripture . as for my own objected challenge to the bishops & iudges , about the jus divinum of lordly prelacy and bishops processein their own names ; when i made it , i was certain i had both † scripture , fathers , councels , acts of parliament , the suffrages of all forraigne reformed churches , writers , and our owne learnedest bishops , authors in all times against the first ; and direct acts , resolutions of parliament , patents , unanswerable law-authorities , and reasons against the latter : therefore a few lordly prelates opinions in their owne case , or the subitane , forced , extra judiciall resolution of the iudges ( not then published ) could no more conclude my judgment , nor make me guilty of arrogancy , obstinacy , or schism then , than their forced judgments for the lawfulnesse of loanes and ship-money , against expresse acts and judgments of parliament , oblige me or others , then or now , not to deeme that taxe illegall : and when you can produce as many good authorities , reasons from scripture , antiquity , acts of parliament , writers of all sorts , against the lawfulnesse of presbytery , as i have done against lordly episcopacy by divine right , bishops making out processe under their own names , seals , and † ship-mony , neither of which were ever setled by any former parliament , and have all bin expresly voted against in this ; i shall then excuse you from arrogancy and schisme , but till this be done , ( as i presume it will never be ) the guilt of both these wil stick fast upon you , if you readily conforme not in outward practice to that government the parliament shall establish . if they should settle independency , i am certaine you would then write and preach for universall obedience to it , ( which you now publikely call for so eagerly without authority or proof of its divinity ) because thus setled , without dispute : therefore by like reason you ought to submit to a presbytery , or such other government as shall be resolved on by those intrusted with this care ; notwithstanding any thing you have said , or this new independent sencelesse argument of * mr i. g. which some of your partie much rely on : the saints shall judg the world ( at the day of judgment ) 1 cor. 6. 2. ergo , the parliament ( chosen by the rifraffe of the world ) and the synod , may not make any lawes in matters of discipline , worship , or government , to regulate or oblige saints now : they might better have concluded , ergo the parliament , or any secular magistrate , cannot judge them now for any secular matter ; since the apostle useth this expression onely to blame them for going to law before heathen ( not christian ) iudges , for secular matters , vers. 1. 6 , 7. such independent arguments will but ill support your independent fabrick . 11 to my 11. quere he gives only a negative answer , and then declaims against presbytery without ground or reason : but because i have proved the truth of what he denies in my independency examined , and in some following pages , i shal not trouble you with any further proof , except these two particulars : 1. that independency is in reality meer separation and brownism , lately christened with this new title , to take off its odium : and if so , i doubt not but it is a nursery of schisms , sectaries , &c. 2. that we finde by wofull experience , what bloudy divisions , warres schisms , the toleration but of one religion and sect in our realms contrary to that established , ( to wit popery and papists ) hath produced in all our dominions , to their imminent danger , and almost utter ruine ; what then will the free permission of many independent different forms of churches , sectaries do ? will it not produce many more troubles , dangers , wars , schisms , then we have hitherto felt ? yea , if every man ought to have freedom of conscience , to vent what opinions , & set up what governments he deems most conformable to the word in his own private fancie , you must indulge papists this liberty as well as others : and then how soone will they over-run us for the future , how justly can we take up armes to suppresse them for the present ? consider seriously of these and other publike mischiefes of your way , and that liberty of conscience you so much contest for , ( which in truth is nothing but meere lawlesnesse , or licentiousnesse , to do * what seemes good in your owne eyes , as if there was no king in israel , without respect to the publike peace , weale , or glory of god ) and then happily you may in time discerne , recant your errour . 12 to my twelfth quere he onely answers , that i fall a jeering of my brethren , ( a palpable untruth ) and that i put a nick-name on them , to make them odious ; to wit , the title of independents , which they disclaime ; not answering one syllable to the substance of the question . to which i reply : first , that the title of independency ( of which you are now ashamed ) was at first assumed , approved by your selves , and many of your party doe still owne , though some disclaim it , of purpose to evade the titles of separatists and brownists , with whom you really concurre in practice : besides , you very well know that this title was imposed on , and owned by you long before i writ ; therefore i could not father this brat upon you : but if you be offended with this name , i desire you in your next pamphlet to discover to us your owne christian name , with the true title of your party , and the government you plead for as the only way of christs institution , ( all which you have hitherto concealed ) and then ( god willing ) i shall give you a further answer to this cavill , or retract this title ; till then , i must informe you , that it most proper for your party , who will have every one of your owne private congregations , a complete absolute corporation , exempred from , unsubjected to , independent on any other , be it a nationall , synodall , provinciall , parochiall assembly , parliament or kings themselves in any church-affaires : you must therefore still retaine this title , whiles you maintaine such paradoxes both in opinion , practice , ( and that by meere independent inferences ) as justly appropriated to you ; conveniunt rebus nomina saepe suis , being never more exactly verified then in this your suitable name . but you object , first , that you are accountable for your actions to every neighbour church , that shall in the name of christ require it . secondly , that you stand not independent from , but hold communion with all other churches , both in the ordinances , and in asking counsell and advice mutually . to the first i answer , 1. that if you are accountable for your actions to every particular neighbour church , t●…n why not much more to a synod or parliament , whose ecclesiasticall jurisdiction over you or your churches is denied by you ? secondly , if you are thus accountable to every neighbour church , doe you intend it of parochiall . episcopall , or presbyteriall churches , as well as independent ; or of independent onely ? if of independent onely , as i suppose you doe , then you appeale onely to churches of your owne partie , frame , judgment , and make one of them subordinate , accountable to another , but not to any other church ; which is an apparent schisme , separation from all other churches , and contradicts your second objection : if of all other sorts of churches as well as independent , you must either grant them true churches of christ , and then you have no ground to sever from them ; or if false , or no true churches of christ , ( as you in truth repute them ) then by your own principles they are no competent iudges of ecclesiasticall affaires , nor you accountable to them . thirdly , how ( i pray ) doe you hold your selves accountable to every neighbour church ? by way of subordination , correction or just appeal ? that i am certain you will deny : or only by way of voluntary information and satisfaction , when required , which i conceive you mean ? if so only , then this is properly no account at all , or but arbitrary at most , which you may deny if you please ; and if you erre , or prove faulty , or refractory , this neighbour church can but admonish , not enforce you to correct your errours or injustice : and so this will prove but a meere mockery in stead of an account . to the second i answer , that if you stand not independent from other churches , but hold communion with them in ordinances , and in mutuall counsell and advice , then 1. why doe you separate from them as no true churches , and oppose their way of government with so much bitternesse ? secondly , why doe you refuse to administer baptisme and the lords supper to those who are their members , in your churches , unlesse they be professed members of some independent congregation ? thirdly , why do you not follow their advice counsell , or the parliaments synods admonition , and submit therto ; who now earnestly perswade you from your way of separation , division , in these distracted times ? the end of demanding good counsell and advice being but to follow , not reject it , where there is humility , ingenuity , or sincerity in those who ask it . you must therefore either disclaime these objected concessions , or become more tractable for the future . 4. you tell us in the next succeeding lines , that neither i ; nor synods , nor this synod , are infallible , but as subject to errours as others ; and that never † more dangerous errours have been confirmed then by synods : and therfore men are not bound in conscience to their decrees upon penaltie of sinne , arrogancy , &c. but pray sir may not you and your independent ministers , churches erre as well as others ? is infallibility annexed onely to your private chaires , conventicles ? if not , then why may not your new-minted way be a meere erronious by-path , and no way of christ as well as other waies , and you erre herein as well as synods in other things ? why will you have the major vote in your congregationall decisions to over-rule and bind the rest to obedience , ( as your practice and opinions intimate ) since the major part may possibly be mistaken , as well as the lesse dissenting ? shall nothing binde in any churches , but what is unanimously voted nemine contradicente ? or shall one or two dissenting voices over-rule the rest or not be bound by the most ? or where all consent , may not all yet be in an errour , and not discerne it , through selfe-love to their owne wayes and opinions , till others of contrary judgements discover and convince them of their errour ? away then with this fond argument and evasion ; synods and parliaments may erre in some things , ergo they must binde us in no thing : is this good logicke or divinity ? good ministers may and doe erre sometimes in some points of divinitie , ergo wee will beleeve them in none , no not in those things in which they doe not erre . will you throw away all the apple because one part of it only is rotten ? or reject communion with the best of men because they have some infirmities ? deal then with the ecclesiasticall decrees of synods and parliaments as in wisdome , in conscience you are bound to doe : where they are just , equall , not opposite to the word , embrace , submit unto them ; when erronious or contrariant to the expresse word ( not to your own sa●…s , inferences or opinions ) you may differ from them in judgment , but you must patiently suffer under them in point of practise & obedience ( if meerly practicall ) till a further season , and not disturb the churches peace by opposition or schism : which is as good , as seasonable christian advice , as that you conclude with unto me , which i heartily wish your selfe had first followed , who have more defamed the ways of christ and used more personall unchristian bitternesse then i am guilty of . you wish indeed , o that a spirit of love wore maintained among those that are brethren : though they differ in judgment , must they needs differ in affection ? i say the same . but o then why seperate you from us , yea passe uncharitable censures on us as if we were not your brethren ? one kingdom , one city , house , doth now , on●… heaven shall heareafter contain us both : why not then one church , government , one church militant , as well as one triumphant ? if you deem not your * selves more holy then your brethren , or be not swelled up with spirituall pride ( as your stiling your selves † men of rich anoynting from god , the most religiously affected , and best conscienced people of the land , the most precious men , &c. with your separation from us , and harsh censures of us , make most men suspect ) then why refuse you to close with us now , as you have done heretofore ? could our ministers , churches , when more corrupt , convert , regenerate , edifie , save you , and yet not now so much as hold you , when more refined and reformed ? if yea , then let us both shake hands without any more encounters ; if nay , then fairely chalke out your yet concealed independent way and platforme in all its severall lineaments , and beautifull native colours ; produce your severall punctuall scriptures , arguments , to maintain it , ( there being none of them extant in these your observations for ought i can find ) that so i may see the frame and grounds of this new fabricke , in as large or narrow a modell as you please : and then doubt not but an answer shall be given to what ever you modestly set forth , ( if worthy answer ) in case it be not satisfactorie ; or else a friendly embrace thereof , if agreeable to the spirit and word of truth , by him who hath learned pauls peremptorie resolution , 2 cor. 13. 8. we can do nothing against the truth , but for the truth ; in which resolution ( god assisting ) i resolve to live and die . certaine briefe animadversions on mr john goodwins theomachia , in iusti●…ion of some passages in my independency , examined , unmasked &c. and of the parliaments ecclesiasticall power . it is not my intention to repeate or refute all the unseasonable offensive passages in the epistle or body of this treatise , which tacitly reflect upon the present religious parliament and assembly , raising needlesse feares and jealousies of them both ( in matters of religion and church-government ) as if they really intended * to increase our misery and bondage , by rejecting and oppressing truth ; to conjure all mens gifts , parts industrie into a synodicall circle ; and that there is almost as little hope of gathering grapes from thornes , or figges of thistles , as of having the joy of our faith holpen , or encreased , or any decrease , but rather increase of evills by them ; the resolutions of councells , and synods themselves upon the matter and just account , being but the fruits , or puttings forth of the learning and judgment of a very few men , not alwayes of the most consciencious &c. i shall only select some few particulars worthy consideration ; to fill up my vacant pages . first , it may be justly questioned , whether the maine doctrine prosecuted in it b that it is the greatest imprudence under heaven , for any man or ranke of men whatsoever to appeare , or so much as to lift up an hand , or thought , against any way , doctrine or practise whatsoever clayming origination or descent from god , till we have securitie upon securitie , evidence upon evidence , yea all the securitie that men in an ordinary way are capable of , and foundations as cleare as the noone day , that such wayes , doctrines and practises , only pretend unto god as the author of them and that in truth they are not at all from him , but either from men , or from baser parentage ; that they are but counterfeits and pretenders only , and stand in no relation at all , but that of emnitie and opposition unto god ; and tha●… we are not to act the value of one haire of our head against them , untill we see their condemnation written with a beame of the sunne , by the finger of god himselfe ; untill he hath disclaimed or renounced it from heaven , either by giving such wisedome unto men , whereby to detest the vanitie of it , or else hath quite rased it out of the flesh and tables of the hearts of his servants , &c. be orthodox or tolerable ? for these ensuing reasons . 1. first , because it opens a wide gate to the reviving of all old , the spreading and propagating of all new heresies . errors , schismes , sects and opinions whatsoever , without the least timely opposition or prevention , to the endangering of infinite soules , and disturbance of the churches , kingdoms peace . for there is * no hereticke , schismaticke , or sectary whatsoever ( though never so pernicious , grosse or detestable ) but pretends his way , doctrine , practise , opinions to be the way and truth of christ , clayming their origination and descent from god , yea , * producing perverting the scripture it selfe to justifie them , as the * devill cited and wrested scripture to tempt christ : yea , our saviour and the scripture informe us , that many false teachers shall arise , and doe great miracles , signes and wonders , insomuch that they shall deceive many , yea the greatest part of the world , and if it were possible the very elect ; * that satan and his ministers also transforme themselves into angels of light : that false teachers usually come to seduce men in sheeps clothing , with all deceiveablenes and craftines , whereby they lye in waite to deceive ; and advise us frequently to beware of such , and not admit them into our houses , &c. and must we therefore not speedly oppose , resist , avoyd , suppresse them or any of them now , because they thus pretend they are of and from god himselfe ; but stay ●…ll we see their condemnation written with a beam of the sun by the finger of god himselfe , and till he hath disclaimed , renounced them from heaven , by some visible judgment or destruction ? if a●…rianisme , 〈◊〉 , socinianism , anabaptisme , or any anciently exploded heresies , or schismes should revive and sprout up among us ( as some have lately done ) should wee use such indulgence as this towards them , because they pretend their origination and descent from heaven ; and their opinions not disputable only , but warranted by the scripture ? alas what confusion , what inundation of heresies , schismes , and monstrous opinions would this presently introduce into our church to its destruction , ruine , if such a paradox were once admitted ? 2 secondly , because it is contrary to these expresse precepts and presidents both of the old and new testament , which you may peruse at leasure , deut. 13. 1. to 18. levit. 19. 17. joshua . 22. 9. to 24. psalme . 119. 104. 128. 2 kings . 22. 8. to 27. ier. 4. 30. 31. ( a pregnant place ) c. 14. 14. to 18. cap. 23. 13. to 23. cap 27. 15. to 19. c. 29. 8 , 9. ezra . 13. throughout matthew 7. 15. cap. 24. 11. 23. 24. 25. 26. mark . 13. 5 , 6. 22 , 23 , 24. acts 13. 6. to 14. cap 15. 1. to 33. cap. 17. 11. rom. 16. 17. 18. 2 cor. 11. 13. 14 , 15. galath. 1. 6. 7 , 8 , 9 10. c. 2. 4. to 18. ( a noted place ) c. 3. 1 , 2. 3. ephes. 4. 14 , 15. phil. 3. 1. 2. 3. coloss. 2. 8. 18. to the end , 1 thes. 5. 21. 2 thes. 2. 1. to 16. c. 3. 6. 7. 1 tim. 4. 1. to 7. chap. 1. 20. chap 5. 20 21 , 22. 2 tim. 2. 16. 17 , 18. 23 , 24 , 25 , 26. c. 4. 1. to 6. titus . 1. 9. to 15. chapter 3. 9. 10 , 11. 2 pet. 2. 1. 2 , 3. c. 3. 17. 18. 1 ioh. 4. 2. 3. 2 john 10. 11. jude 3. 4. &c. revel. 2. 14. 15. 20 , 21. compared together . f paul would not give way to false apostles no not for an houre , that the truth of the gospell might continue among the galatians , and resisted peter to his face , as soone as ever hee walked disorderly , and gave the least countenance to false teachers , though a chiefe apostle ; and did not demur upon the matter ; yea the churches * of pergamus , and thyatyra , are sharply blamed for suffering some among them to hold the doctrine of balaam , and the nicolaitans ; and to suffer jesabell the prophetesse to teach and seduce : and shall we permit them , now , without restraint ? 3 thirdly , because it is contrary to these received unquestionable maximes of divinitie , policie , and morality . principijs obstare : venienti occurrere morbo , to withstand the very beginnings of errors , heresies , mischiefes ; schismes : to crush these cockatrices in the shell ; rather to keep then cast them out , turpius ejicitur quàm non admittitur hostis . all wise men hold preventing physicke best for their bodies , states , and why not for their souls and churches ? since , sero medicina paratur , cum mala per longas invaluére moras . 4 fourthly , because contrary to the h policy , practise of most godly magistrates , princes , ministers , churches in all ages , nations , which never indulged such liberty to opinions , new wayes , practises , especially to new church-governments , schismes , and conventicles , ( which he here pleads for ) set up only by private spirits in opposition to the publick established church-regelment . indeed in some matters mearly of opinion which are not dangerous or schismaticall , some latitude may and must be left to men ; but matters of government are such tender things , as differences & varieties therin cannot be tollerated in one and the selfe same church and state without infinite inconveniencies and disturbances , especially where every church shall be independent , subject to no other canons , rules , but its own peculiar arbitrary dictates . 2 it may be questioned , whether the independent way he there so earnestly pleads for , be the way of christ , or not ? since he neither discovers to us what it is , nor produceth any one text to prove it christs own way , nor one example to warrant it in any age : but gives us good grounds to suspect it none of his without much scrutiny . 1 for first , he confesseth , i that this way is every where spoken against , even by some that would be thought prime men and pillars in the temple of god ; and insinuates ; that the parliament , assembly and generality of the k ministers and people of the realm , are bent against it ; therefore being a new way , never yet heard off in the world in any age , or church of christ , and thus generally opposed by our whole church and state even in these times of reformation ; we may l justly suspect it is no way of christ , till we see its approbation written in a beam of the sun with the finger of god himself , and till he hath justified and owned it as his , from heaven . 2 he tacitly acknowledgeth , it a m government set up by a few private men , not only without but against the authority & commands of the parliament and supream temporall magistrates : yea , which not only denyes but oppugnes the temporall magistrates , parliaments , synods directions or coercive power in ecclesiasticall affairs ; directly contrary to the scriptures , as i have largely proved by many texts , in my ( o ) independency examined . only i shall adde , that not only the kings and temporall magistrates of the israelites ; but even heathen p kings and princes ( as cyrus , artaxerxes , darius , nebuchadnezzar , the king & nobles of nineve &c. ) enacted good and wholsom laws , for the worship , honor and service of the true god , and to further his people in the building of his temple ; who thereupon were enjoyned to * pray for their prosperity , as the marginall scriptures evidence . yea , r paul himselfe even in matters of religion pleaded his cause before festus , felix , king agrippa , and at last appealed unto caesar an heathen emperor , herein ; yea he enjoyns all christians s to pray even for heathen kings . magistrates , and to submit to all their lawfull commands for conscience sake , to whose judicature and tribunals , t christ himself and his apostels willingly submitted themselves upon all occasions when brought before them , without demurring to their jurisdictions . therfore christian princes & magistrates who were long since predicted to become nursing fathers to the church under the gospel , have much more power and jurisdiction in church-government and affairs within their own dominions . 3 for that it appears to be away that will breed infinite confusions , disorders , by confounding v the bounds of parishes , renting congregations , families , and most relations assunder ; & giving way to every sect to chuse ministers , erect churches of their own without controle , in point of position ( though their practise be quite contrary where they have power , they admitting no other kind of government but independency in new-england , and excommunicating , or banishing those who will not submit unto it : ) a government inconsistent with royalty , and the civill government ; and so none of christs , who never erected any church-gouernment to clash with or controle the civill . 4 whereas he pretends , that x persons of one family or parish may be members of severall churches , without any inconvenience , schisme , or distraction ; as well as members of severall companies and trades ; and therefore independency is no occasion of divisions . i answer , 1. that y two cannot walke peaceably and lovingly together unlesse they are agreed , especially in matters of religion ; and those who in point of conscience cannot communicate or agree together in one church , will never questionlesse accord well together in one family , bed , parish , kingdom , as experience manifests . 2. there is a great difference between severall trades and halls in one city , parish , kingdome , and severall formes of church-government , in these particulars which occasion unity in the one , but schismes in the others 1. all trades societies hold one another lawfull , usefull , necessary , agreeable to the lawes of god and the realme without dispute ; & so they breed no contrariety of opinions or disaffection : but each different church deems the other unlawful , & in no way of christ , so as they cannot with safe conscience joyn or communicate together : and therupon they sever one from another . 2. every several trade and society , even in their very trade is subject to the general government , laws of the city & realm wherin they are , to which they appeale and have recourse upon all occasions of difference , none craving an exemption or independency from the whole corporation , parliament or supream magistrate in matters which concern their government , but deriving their corporations , charters , laws and priviledges from them : which subordination keeps them all in peace and unity . but independent churches deny any subordination , subjection to the ecclesiasticall lawes and edicts of parlements , of temporall magistrates or synods , and will be regulated , obliged onely by their own peculiar edicts : which must needs occasion infinite schismes , and disorders : therefore the cases are far different from one the other . thirdly , christians , as christians , are all of one and the self-same society and profession , as those of one trade or calling are ; therefore they should have all but one common church and government , as these trades have : to set then the comparison upright , we must state it thus ; if some of one fraternity in london ( suppose the merchant-taylers , sadlers , mercers , or the like ) should fall out among themselves , and one would have one forme of government , another another , and thereupon divide themselves into severall conventicles and petty meetings in corners , not at their common hall , and one chuse one government , master , or warden , another another , and so sever the company , and continue independent ; this ( no doubt ) would prove an apparent schisme , and seminary of infinite divisions , to the distraction , destruction of the whole company and fraternity . this is the true state of your independency ; yea mr goodwins present case in his own parish , miserably divided , disordered by his independent way : which hath induced him to refuse to administer the lords supper , ( yea baptisme to some children of parishioners ) for a yeares space or more , though they offer to be examined by him ; esteeming them none of his flocke , ( preaching but seldome to them , though he receive their tithes : ) and instead thereof to gather an independent congregation to himselfe , out of divers parishes and his owne , to whom hee prescribes a covenant ere they be admitted members of it ; preaching , praying , administring the sacrament to them alone in private conventicles , neglecting his parishioners : which hath engendred such discontents and rents in his parish , even among the well-affected and truely religious , that he must either desert it or his independent way . what schismes and discords this new way hath raised in other parishes , is so well knowne to the world , that i need no other evidence to prove it a schismaticall by-path , and so no way of christ the * prince of peace , who prescribes nought else but precepts of peace and unity to his churches , and is most offended with their schismes . finallie , i cannot thinke this way a way of christ , because i finde it a pioner and underminer of parliamentary authority , devesting parliaments of all manner of jurisdiction in matters of religion and church-government ; witnesse the passage of the two independent brethren recited in my independency examined p. 3. ( which certainly weares a maske as yet , since she never appeared bare-faced to the world , not one of her patrons hitherto presenting us with her in her native colours , or lineaments ) whose guilt this author by his explanation , to make it good , rather aggravates then extenuates . he writes , that the brethren in the mentioned period and expressions , reflected onely upon the generalitie of the land , who according to the lawes , yea according to the principles of all reason and equitie have the right of nominating persons unto parliamentarie trust and power , but have no avthority or power from christ ●…o nominate or appoint who shall be the men that shall order the affaires of christs kingdome , or institvte the government of his chvrches : these are that secular root , out of which the brethren conceive an impossibility that a spirituall extraction should be made ; that is , that a legitimate ecclesiastick power shovld according to the mind of christ , or any precept or president of scriptvre , bee by them conferred vpon any man . and this impossibility conceived by them they onelie illustrate and declare by that parallel expression in job , who can bring a cleane thing out of an uncleane ? &c. but to hold , that the persons so elected as hath been said , have a power by vertue of such nomination or election to enact lawes and statutes in matters of religion , and to order under mulcts and penalties how men shall worship and serve god , as it is a meanes to awaken the eye of jealousie upon them , and so is seven times more destructive unto , and undermining not onlie of their power , but of their honour , peace , and safetie also , then any thing that is found in the way so ill intreated ; so it is a setling of a power upon the electors of such persons , i meane the promiscuous multitude of the land , yea of a greater power then ever iesus christ himselfe had , at least then ever he exercised ; for as dare r●…gem , argues a greater power then esse r●…gem ; as hee that buildeth an house hath more honour then the house , hebr. 3. 3. so to nominate and appoint who shall have power to umpire in matters of conscience and of god , * to determine what shall be preached , and what not ; what shall be beleeved , and what not , is a branch of a greater root of power , then the exercise of the power that is committed to others in this behalfe . now though iesus christ had a power , and was authorized by god to be a law-giver himselfe unto his churches and saints in their spirituall republike , yet it is hard to prove , that he ever he invested any other with such a power : his apostles themselves were no lords over the faith of the saints , nor had they anie power or authoritie to impose any thing upon men , as † necessarie either to be beleeved or practised , but what they had in expresse commission and charge from jesus christ himselfe to impose upon such termes , &c. the summe of this large passage is , that there is not onelie an improbabilitie , but absolute impossibilitie , that the parliament should have any power at all to enact lawes and statutes in matters of religion , church-government , gods worship or service , because the people who elect them have no such power , and so an impossibilitie of deriving any such authoritie to them ; and to affirme the contrarie , is not onely to awake the eyes of jealousie upon them , but exceedingly destructive to , and undermining of not onely their power , but honour , peace , and safetie also . whether this be not directly to undermine the authority of parliaments and temporal magistrates in all church-affairs and matters of religion , contrarie to your late covenant and protestation , and that in the most ; transcendent maner that ever any have hitherto attempted in print , let all wise men judg : i am sory such ill passages should fall from so good a pen . but to give a short answer to this extravagant discourse : first , this objection might be made against the generall assemblies , parliament : kings of the israelites , who a were chosen by the people , yet they made lawes and statutes concerning religion , and gods worship , with his approbation , without any such exception , as i have elsewhere proved . secondly , god himself ( as i formerly ●…uched ) used the ministry , assistance of cyrus , artaxerxes , durius , with other heathen princes and magistrates , for the building of his temple , and advancement of his worship , for which they made decrees , statutes ; notwithstanding this objected reason reflects more upon them and their electors , then on such who are christians by externall profession . thirdly , most christian kings and magistrates in the world , ( even those who claime to be hereditary , as the yet continued formes of their coronations and instalments manifest ) come in by the peoples election , as well as such members of parliament who are eligible , yet you cannot without disloialty and absurdity , deny them authoritie in matters of religion and church-government . fourthly , your selfe doe not onely grant , but argue , b that every private man hath , yea ought to have power to elect and constitute his own minister : and no doubt you will grant , that private men have power likewise to set up independent congregations , which have authority to prescribe such covenants , lawes and rules of government , discipline , worship , as themselves think most agreeable to the word : if then they may derive such an ecclesiasticall authority to independent ministers and churches , why not as well to parliaments and synods likewise by the self-same reason ? fi●…hly , it is cleare by sundry instances in scripture , and your owne text , that god doth oft times make use of unsanctified persons , and the rude multitude , ( whom you so much under-value ) to advance his glory , propagate his gospel , promote his worship , vindicate his truth , and edifie his church : he can poure a spirit of prophesie upon c a baalam , a saul , a gamaliel , a persecuting high-priest ; he can make a d judas an apostle , yea send him to preach and build his church , as well as a peter : wee read in the evangelists , that none were so forward as the vulgar e multitule to beleeve , follow , professe christ , and embrace the gospel , though many of them did it out of sinister ends . therefore they may well have power to chuse such persons who shall and may make lawes to promote the gospel , and government of the church of christ . sixthly , those who have no skill at all in law , physick , or architecture , have yet judgment and reason enough to make choice of the best lawyers , physitians , architects , when they need their help . those who are unfit , or unable to be members of parliament themselves , ( as most of the electors are ) have yet had wisdom enough in all ages , and especially at this present , to elect the most eminent & ablest men for such a service : those who are unmeet to be kings , magistrates , commanders , or ministers , have yet skill enough to chuse able persons for such offices , & power to delegate to them such parliamentary , royall , magisteriall , pastorall authority , as is necessary for their severall offices , which those who elected them never had actually , but onely originally or virtually in them , not to use , but derive them unto others : why then may not our free-holders , who have voices in electing the members of our parliaments , and the commonalty of the land , ( whom you scandalously terme , the vilest and most unworthy of men , though there be a degree of vulgar people viler and unworthier then they in all respects , who have no votes in such elections ) have sufficient authority in them to elect and nominate such fitte persons , who by virtue of such nomination or election shall have right and power to enact lawes , statutes , in matters of religion , worship , and church-government , not dissonant from gods word , to which themselves and others by gods owne ordinance must submit ? if the common people , who neither are nor can be parliaments , * emperors , kings , judges , magistrates , ministers have yet a lawful power to make others such by their bare election , & to give them such authority and power as themselves never actually were or can be possessors of , then why by the self-same reason may they not likewise delegate a lawfull ecclesiasticall legislative authority in church-affairs , to their elected parliamentary and synodall members , which was never actually in themselves , as well as mr * goodwin delegate the power of determining who should be fit persons to receive the sacrament , and to become members of his independent congregation , to eight select substitutes , which was never actually vested in himselfe , nor transferrible thus to others by any law of god or man ? why may not a man bring an ecclesiastical or spiritual extraction out of a secular root , ( contrary to your paradox ) as * well as a r●…gall , magisteriall , parliamentall , ministeriall extraction , out of a meere popular or servile root ? or the best strong waters out of the vilest lees ; the richest minerals out of the coursest earth ? the most orient pearles out of the basest oisters ? in one word , the very choice these your vilest and most unworthy of men have made this parliament , may for ever refute this childish reason , the corner-stone of your independent fabricke , fastned together with independent crochets , unable to abide the test . therefore notwithstanding this your reason , our present parliament may and ought in point of right & duty , to make binding laws for regulating church-government , restraining heresies , schismes , innovations , erronious doctrines , unlawfull conventicles , and for setling the purity of gods worship and religion , notwithstanding this objection ; and with as much reason , justice , raise , and establish a new church-government , suitable to gods word and the civill state , as reforme or repeale the old , ( which grew to burdensome and offensive ) till independents can shew us better grounds against it then any yet produced : and informe us , why our whole representative church and state should not o●…right enjoy and exercise as great o●… greater ecclesiasticall jurisdiction , over all particular persons and churches who are members of our church and realme , as any independent minister or congregation challenge or usurp unto themselves , over their owne members ( this being the true state of the question , and not whether one particular church , or parish , hath superiority or iurisdiction over another ? as some mist●… it ) without , yea against both law & gospel for ought they yet have made appeare ? i shall say no more in so clear a case , but refer the author to the high court of parliament , ( whose undoubled priviledges he hath presumptuously undermined by the very roots ) to crave their pardon , or undergo their justice for this and other his anti-parliamentary passages , diametrally contrary to his , o●… , their late nationall vow and covenant , which they cannot without highest perjury permit any wilfully thus to violate in the most publike manner . finis . notes, typically marginal, from the original text notes for div a56167e-360 eccles. 4. 4. b gal. 4. 16. c page 1. 2. * luk. 2. 46 , 47. mat. 11. 1 to 20. c. 12. 3 : to 13. 26 , 27 , 29. c. 21. 23 , to 43. c. 22. 18 , to 23. c. 16. 26. d the apologeticall narration , mr. sympson . a reply of two of the brethren , with others . e a reply of two of the brethren to 〈◊〉 , s. p. 111. f master iohn goodwins {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . * it seemes to me a kinde of contradiction , to assert one unalterable set-forme of church-government , and yet to condemne all set formes of common prayer or preaching : prayer and preaching being more essentiall to a church , then meere government or discipline . * he should say freer , where the government is left arbitrary . * exod. 25. 40 heb , 8 5. † i hope you wil●… not argue , carpenters , masons , goldsmiths , and other artificers , not priests or ministers , under the law built the tabernacle and material temple , ergo , the●… onely , not ●…nisters , ought now und●…r the gospell to build the church and spirituall temple : this would be but had logick , and worse divinity . * 2 chron. c. 8. to 2. * exod 24. 7. deut. 31. 11. ●…osh . 8. 34. 2 kings 23. 2. 2 chro. 34. 30 neh. 8 〈◊〉 , 〈◊〉 , &c c. 〈◊〉 . 3. c. 13. 1. 〈◊〉 . 36. 6. to 24 luke 4. 16. act. 13. 15 , 27 c. 15. 21 , 31. col. 4. 16 1 thes : 5. 27. † ezra 3. 10. 12. hag. 2. 3. to 10. * 1 cor. 14. 40 † belike the reed by which he measured . it was independency . * ezech. 40. & 41. * rev. 21. 22. 1 cor. 9. 13 , 14. heb. 7. 13. † 2 chron. 1. 10 , 11 , 12 * 1 kin. 3 5. to 15 exod. 35 : 30 to 35. c. 36. 1 , to 5. c. 31. 3 , to 7. deut. 1. 17 c. 2. 21 , 22 , 23. but very unreasonable that christ , the church , state , synod , parliament , should be subject to your dictates , not you to theirs . † 1 tim. 6. 15 rev. 17. 14 c. 19. 16. * this rule holds firm in all church-assemblies , synods , parliaments , elections by suffrages whatsoever . see 3. h. 8. c. 27. * 2 chro. 9 8 2 sam. 23. 3 deut. 1. 17 2 sam. 5. 2 rom. 13. 1 , 2 , 4 , 6. † your party are most guilty of it , who without discovery or proof of your newway , will have us blindly to submit unto it as the onely way of christ . 2. * 1 cor. 13. 5 , 7. * 37 h. s. c. 17 1 e. 6. c. 1. 1 eliz c. 1. see my breviate against bishops encroachments , &c. the vnbishoping of timothy and titus . the catalogue of authors in all ages concerning the parity and identity of bishops and presbyters . the antipathy of the english lordly prelacy . the q●…nchcoale , &c. * phil. 4 8. 1 thes. 5. 2●… , 22 nota. * lev. 19. 17 gal. 4. 16. c. 2. 11. 14. tit. 1. 13 , 14. rev. 3. 13. will justifie me herein . * pro. 23. 23. maximè amic● veritas . * if therefore the light that is in you be darkenesse , how great is that darkeness mat. 6. 23. * rom. 13. 5. 1 pet. 2. 14. * iustinian codicis . l. 1. ti . 8. socrates scholast. . eccl. hist. l 7. c. 5. l. 5 c. 4 , 5 , 15 , 20 , 21 23. l. 4. c. 12 , 13. l. 2. c. 33. * sec 35. eliz c. 1. † see 35. eliz. c. 1. none are conventicler but hereticks or schismatickes , who wholy seperate themselves from our publique assemblies established by law . justin codicis l. 1. tit. 8. * 2 chro. 15. 8 , to 16. c. 34. 29 , to 33. 8. 29 ●…10 . ezra 10. 3. neh. 9. 38. c. 10. 1. &c. * psal. 2. 8 , 9. psal. 72. 8 , to 18. ps. 82. 8. ps 86. 9 ps. 65 2. ps. 67. 〈◊〉 , 3. 4 5. ●…a 2 , 3. 〈◊〉 . 9. ●…2 , 23. c. 11. 9 , to 16. c. 54. 1 , 2 , 3. c. 60. 3. to 22. mich. 4. 1. to 5 mal. 1 11. zach. 8. 22. act. 13. 46 , 47 48. matth. 28. 19 , 20. mar. 14. 15. rom. 10. 18 , 20 c. 11. 4. isa. 62. to the end . 1 pet. 2. 9. 18. * matth. 3. 12 c. 13. 24. to 52 c. 25. 32 33. a joh. 6. 70 , 71 b see iudges , samuel , kings chronicles , nehemiah , ezra , and all the prophets . c see pauls . and johns , yea christs epistles to them , rev. 2 , & 3. i. cor. 11. 13 〈◊〉 34. c. 12 , 〈◊〉 27. d mat. 24. 14. 15. c. 26. 16. luk. 14. 23 , &c. c. 13. 23 , 24. * rom. 7. 15. to 25. jam. 3. 2. act. 14. 15 * 1 cor : 19 to 24 † 1 chro. 13. 1 , to 14. c. 28 , & 29. 2 chro. 5. 2 , &c. c. 6 , & 7. c. 15. 9 , to 29 c. 17. 7 , 8 , &c. c. 20. 3 , 4. 5. c. 24. 4 , to 16. c. 29. 3 , to 36. c. 30. v. 31. c. 34. 29 , to the end . c. 35. 1 , 〈◊〉 19. ezra & neh. throughout . 〈◊〉 . 9. 17. to 32. * da. 7 9. 13. * ephes. 4. 11. 12. 13. 2 cor 13. 9. heb. 6. 1. pet 5. 10. phil. 3. 12 15 heb. 13. 21. james 1. 4. * 1 cor. 13 , 11 , 12. c. 14. 20. c. 3. 1. 1 pet. 2. 2. heb. 5. 12 , 13 , 14. 1 ioh. 2. 11. to 15. ephes. 4. 15. 16 † 1 tim. 3 6. † ezek. 16. 13. * rom. 13. 1 , to 7. 1 tim 2 1 , 2 , 3. tit 3. 1 1 pet. 1. 2. to 24 c. 3. 1. 1 cor. 7. 1 , to 18. eph. 5. 22 23. c. 6. 1. to 10. col. 3. 18 , to 25. † see my catalogue , &c. the unbishoping of timothy and titus . a breviate and antipathy of the english lordly prelacy . † see my humble remonstrance against ship-money . * in his sermon on feb. 25 * deut. 12. 8. judges 〈◊〉 . 6. r. 21. 25. † yea , never more dangerous errours ref●…ted , suppressed , then in the 4. first general councels , and some synods since , as that of dort , and other protestant synods see the harmony of confession●…s : where therefore they determine rightly , you must submit unto them ; where they confirm apparent dangerous errours , there you may vary from them when proved such . * these are the true grounds of all s●…rations . esa 65. 5. luk. 18. 10 , to 16. lude 18. 19. witnesses the novatians , dunatists , of old : the severall orders of monks , nuns , erem●…s , anchorites , in the church of rome , and their new order of jesuits , each of them pre●…nding more sanctity and strictnesse then another , and so severing in their different orders , habits , mon●… , rules , covenants , one from another . † mr goodwins theomachia p 24 , 25. the reply of two of the brethren pas●… . notes for div a56167e-5420 * epistle to the reader , & p g. 11. 33. 44. to 52. b page 18. 22. 52. and else . gamaliell himselfe no apostle , nor christian , from whose words you yet take your text is gospell , was not altogether of this opinion . 1. * sec epiphanius , basil , augustine , and all the bookes of or against any hereticks and sectaries . * matth. 4 6. * mat. 24. 11. 23. to 27. c. 7. 15. 2 cor. 11 13 , 14 , 15. ephes. 4. 14. 2 thes. 2. 9. 10 rev. 13. 2. to ●…8 . 2 ioh. 10. 〈◊〉 . f gal. 2. 4. to 18 * rom. 19. 15 16 , 26. h see iustinian cod. l. 〈◊〉 . tit. 8. 1. eliz. c. 2. 35. eliz. c. 1. 2. 2 i page 21. k see the london ministers petition against it . 1 l see 1 cor. 11. 16. c 10. 32. 33. m see p. 30. to 52. 2 ( n ) p. 3 , 4. 11. 12. p ezra i. 1. to the end . c. 4 17. to 24. c. 6. 2. to 17. c. 7. 12. to 28. neh 2. 1. to 27. 2 chron. 36. 22 , 23. isay 44. 28. dan. 3. 29. c. 6. 25 , 26 , 27. ionah 3. 5 , 6 , 7. r acts 24 , & 5. & 26 , & 27 , 28. 2 tim. 4. 10. 17. s 1 tim. 2. 1 , 2. 3. rom. 13. 1. to 7. tit 3. 1 t matt. 10. 17 , 18. 21. c. 26 , 27. amos 13. 9. c. 15. acts 4. 1. to 24. c. 5. 17. to 4. c. 6. 12 , 13. c. 9. 1 , 2. 3. c. 11. 2 , 3 , 4. c. 16. 10. to 40. c. 18. 12. ( q ) tim. 2. 1 , ier. 29. 7. v page 38. 10 40. x pag. 30. 31 y amos 3. 3. * esa. 9. 6. see my twelve questions p. 7 , 8. * pag. 48 , 49 , 50. this he more fully expressed in a sermon in february last . note . gamaliell & your text never taught you any such anti-parliamentary doctrine . note . * the people having power to elect princes , magistrates , ministers , parliaments , synods have likewise authority ●…o nominate such who by the rule of gods word may limit these particulars , though not by their owne bare authority , without or against the word . † every magistrate , parliament , and synod , have power to declare and en jo●…n what is necessary to be beleeved , practised , by or according to gods word , not without or contrary to it . a see my appendix to the soveraigne power of parliaments and kingdomes p. 122. to 131. † twelve considerable queries p. 4 , 5. independency examined p. 2 , 11 , 12. b page 25 , 26. c num. 22. 35 c. 23 , & 24. 1 sam. 10. act. 5. 34. to 40. joh. 11. 49 , to 53. d ioh. 6. 70 , 71 mar. 6. 7. to 14. e matth. 5. 1. c. 13. 1 , 2. c. 8. 18. c. 9. 36. c. 14 14 ; 19 : c. 11. 32 , 33. c. 21 8 , 9 , 10. luk. 6. 17 , 19. c. 8. 44 , 45. joh. 6. 2 , 5. mar. 12. 12 , 37. luk. 13 17. c. 18. 43. c. 21. 38. c. 22. 1. joh. 7 40. 43. &c. c. 8. 2. act. 2. 47. * this he confessed , and it appeared by a writing before the committee of plundered ministers . * or as well ashimselfe extracts many spirituall doctrines out of gamaliels secular speech in these very sermons . * therefore your principall argument ; that the seven particular churches in asia had no iurisdiction one over another , ( being under different civil dominions , and not members of the selfe-same christian republike , ) ●…rgo the whol parliament and church of england have no iurisdiction over particular parish churches or independent congregations in england ; is a meere independency . a briefe memento to the present un-parliamentary junto touching their present intentions and proceedings, to depose & execute charles steward, their lawfull king. by william prynne esquire, a member of the house of commons, and prisoner under the armies tyranny; who, it seemes, have levyed war against the houses of parliament, their quandam-masters whose members they now forcibly take and detaine captives, during their lawfull pleasures. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56138 of text r203360 in the english short title catalog (wing p3909a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 44 kb of xml-encoded text transcribed from 9 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56138 wing p3909a estc r203360 99825241 99825241 29618 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56138) transcribed from: (early english books online ; image set 29618) images scanned from microfilm: (early english books, 1641-1700 ; 2014:18) a briefe memento to the present un-parliamentary junto touching their present intentions and proceedings, to depose & execute charles steward, their lawfull king. by william prynne esquire, a member of the house of commons, and prisoner under the armies tyranny; who, it seemes, have levyed war against the houses of parliament, their quandam-masters whose members they now forcibly take and detaine captives, during their lawfull pleasures. prynne, william, 1600-1669. 16 p. [s.n.], london : printed anno dom. 1648 [i.e. 1649] in the space following "quandam-masters" on title page is the latin abbreviation for "-bus". the publication year is given according to lady day dating. reproduction of the original at the british library. eng charles -i, -king of england, 1600-1649 -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a56138 r203360 (wing p3909a). civilwar no a briefe memento to the present un-parliamentary junto, touching their present intentions and proceedings, to depose & execute charles stewa prynne, william 1649 7949 158 0 0 0 0 0 199 f the rate of 199 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2002-04 tcp assigned for keying and markup 2002-04 apex covantage keyed and coded from proquest page images 2002-05 tcp staff (michigan) sampled and proofread 2002-05 allison liefer text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion a briefe memento to the present vn-parliamentary iunto , touching their present intentions and proceedings , to depose & execute charles steward , their lawfull king . by william prynne esquire , a member of the house of commons , and prisoner under the armies tyranny ; who , it seemes , have levyed war against the houses of parliament , their quandam-mastersswhose members they now forcibly take and detaine captives , during their lawfull pleasur●… . prov. 24. 21 , 23. my sonne , feare thou the lord and the king , and m●…ddle not with those who are given to change : for their calamitie shall rise suddenly , and who knoweth the ruine of them both ? gal. 1. 10. if i yet pleased men , i shou'd not be the servant of christ . london , printed anno dom. 1648. die veneris , 20. august . 1647. an ordinance for declaring all votes , orders , and ordinances , passed in one or both houses , since the force on both houses , iuly 26. untill the sixth of this present august , 1647. to be null and voyd . vvhereas there was a visible , horrid , insolent , and actuall sorce upon the houses of parliament , on munda●… the 26. of july last , wherupon the speakers , and many members of both houses of parliament were * forced to absent themselves from the service of the parliament ; and whereas those members of the house could not return to sit in safety before friday the sixt of august : it is therefore declared by the lords & commons in parliament assembled , that the ordinance of munday the said 26. of july , for the repealing and making voyd of the ordinance of the 23. of the said july , for the setling of the 〈◊〉 of the citie of london , being gained by force and violence , and all votes , orders , ordinances , passed in either or both houses of parliament , since the said ordinance of the 26. of july , to the said sixt of august , are null and void and were so at the making thereof , and are hereby declared so to be the parliament being under a force , and not free . provided alwayes , and be it ordained , that no person or persons shall be impeached or punished for his or their actions by , or upon , or according to the aforesaid votes , orders , or ordinances , unlesse he or they shall be found guiltie of contriving , acting , or abetting the aforefaid visible and actuall force , or being present at , or knowing of the said force , did afterwards act upon the votes so forced or were guilty of entring into , or promoting the late ingagement for bringing the king to the citie , upon the ●…armes and conditions expressed in his majesties letter of the 12. of may last . john brown cler. parliamentorum : a breif memento to the present vnparliamentary iunto , touching their present intentions and proceedings to depose and execute charles steward , their law●…ull king of england , &c. gentlem●… , it is the observation of king solomon , pro. 25. 11. that a word spoken in due season , is like apples of gold and pictures of silver . and seeing i ( and above two hundred members more ) being forcibly secluded from you by the officers of the armies unparale●…d violence upon our persons and the house , cannot speake my mind ●…reely to you in , or as the house of commons , i held it my duty freely to write my thoughts unto you , only as private p●…rsons under a force , consulting in the house , without your fellow-members advice or concurrence , about the speedy deposing and execu●…ing of king charles , your lawfull soveraigne , to please the generall , officers , and grand councell of the army●… ( who have unjustly usurped to them the supreame authority both of king and parliament ) or rather the ●…suits and popish priests among or neare them , by whose councells they and you are now wholly swayed , and whose trayterous designes you really execute , in most of your late votes and actings . i have onely a few words of consideration to impart unto you : dictum sapienti s●…t est . first , i shall minde you , that by the * common law of the realme , the statute of 25. e. 3. and all other act●… concerning treason , it is no lesse then high treason , fór any man by over-act , to compasse or imagine the depositio●… , or death of the king , or of his eldest son and heire , though it be never executed ; much more if actuasly accomplished . that many have bin arraigned , conde●…ned , executed for such intended treasons in former ages ; as the earle of arundell and others ; by iudgement in parliament , 21. r. 2. plac. coronae : n. 46. 7. and the gunpowder traytors , 3. iacobi to omit others , whose examples should be others admo●…ions , the heads and quarters of some of them yet hanging on the houses , where now you meete and si●… . 2ly . that in the oath of allegiance which you have all taken , immediatly before your admission into the house as members ; you doe truly and sincerely acknowledge , professe , testifie , and declare in your consciences , before god and the world ; that our soveraigne lord king charl●…s , is lawfull an●… rightfull 〈◊〉 of this 〈◊〉 . , and of all other his majesties dominions and countries : and hat the pope , neither of himselfe , nor by any authority of the church or see of rome , or by any other meanes . nor any other hath any power or ●…thority to depose the king , or to dispose of any of his majesties kingdomes or dominions , or to discharge any of his subjects of h●…s allegiance and obedience to his 〈◊〉 , or to give leave to any of them , to offer any violence to his 〈◊〉 person , state or gover●…ent . and that notwithstandiug any sentence or declaration of depri●…ation made by the pope , &c. or any absolution of the said subjects from their obedience , you will beare true allegiance to his majestie , his heires and successors , and him and them w●…ll defend to the utmost of your power . against all attempts and 〈◊〉 whatsoever , which shall be made against his or their p●…rsons , their crown and dignity , by reason or colour of any such sentence or declaration , or otherwise . and doe thereby further sweare , that you doe from your hearts abhor , detest , and abjure as impious and herericall , that damnable doctrine and position that princes which be excommunicated or deprived by tht pope . may be deposed or murthered by their subjects , or any other whatsoever . and that you doe ●…lieve , and in conscience are resolved , that neither the pope , nor any person whats●…ever , hath power to 〈◊〉 you of this d●…th or any part thereof ; and that all these things you did plainly and sincerely acknowledge and sweare according to these expresse words and their plain and common sence , without any equivocation , or mentall evasion or secret reservation whatsoever . and that you did make this recognition and acknowledgement heartily , willingly , & truly , upón the true faith of a christian now whether your present actings , & intentions against the king ●…e not diametrically repugnant to this so●…emn oath ( which most of you have taken 〈◊〉 ●…hese warrs , & som of you since the treaty , when 〈◊〉 serjea●…ts at 〈◊〉 , &c. ) let god and the world before whom 〈◊〉 〈◊〉 & 〈◊〉 owne consciences in which you then swore , determine you 〈◊〉 〈◊〉 the popes & 〈◊〉 desigues . 3dly . that you●… s●…lves a●…ng 〈◊〉 members , have in above one hundred remonstrances , d●…clarations , peti●…ions ; ordinances and printed papers , pub●…ished in the name , and by 〈◊〉 authority of one or both houses of parliament , professed , both to the king ●…himselfe , kingdome , world , and forraigne states , that you never intended the least hurt , injury , or violence to the kings person , crowne , dignity , or posterity : but intend to him and his royall posterity , more honor , happinesse , glory and greatnesse , then ever was yet enjoyed by any of his royall predecessors : that you will ever make good to the uttermost with your lives and fortunes , the faith and allegiance which in truth and sincerity you have alwayes borne to his majestie . that you haue proposed no other ends to your selves , but the performance of all duty and loyalty to his majesties person . that all contributions and loanes upon the publique fa●…th should be imployed onely to maintaine the protestant religion , the ki●…gs authority his person , his royall dignity , the lawes of the land , peace of the kingdome , and priviledges of parliament , ●…d not to be imployed against his ma●…esties person or authority . that the armies and forses raysed by the houses , were raysed for the 〈◊〉 and defence of the kings person , & of 〈◊〉 houses of parliament , &c. 〈◊〉 his majesties personall 〈◊〉 , honeur , and greatnesse are much dearer to you then your owne lives and fortunes which you do●… most heartily dedicate . & shall most willingly imploy for the maintenance and support thereof . tha●… the parliament will ev●…r have a care ●…o prevent a●…y 〈◊〉 w●…ich 〈◊〉 〈◊〉 m●…y justly apprehend to his person . that both houses are resolved to 〈◊〉 their lives and 〈◊〉 , ●…or the 〈◊〉 and 〈◊〉 〈◊〉 the true religion . 〈◊〉 〈◊〉 person , 〈◊〉 , and state the power and priviledges of parli●…ment . 〈◊〉 〈◊〉 〈◊〉 his 〈◊〉 〈◊〉 againg 〈◊〉 〈◊〉 an●… army , as 〈◊〉 〈◊〉 to witnesse their constant and 〈◊〉 loyalty to his 〈◊〉 both houses so solemnly declare ; that upon his disbanding his forces , and return & harkning to the advice of his great councell , they wil really endeavour to make both him & his as much beloved at ●…lome , & feared abroad as any pr. that ever swayed this scepter : whic●… is their 〈◊〉 and constant resolution : from which they will not be diverted for any private or self-respects whatsoever : that they will faithfully endeavour to secure his 〈◊〉 person & crown from al dangers ; inculcating the apparent danger to his 〈◊〉 pers●…n among his popish and malignants armies & ill councellors , & upon that reason , perswading and inviting him to desert them , and close with his parliament : protesting , that the parliament hath bin , is , and ever will be more ready then they , to secure and uphold the authority , prerogative , and honour of the king , and preserve the safety of his 〈◊〉 person , which they have oft times 〈◊〉 by many humble petitions and declarations to him , the world , and kingdome ; with many ot●…er such like expressions . which whether your present actings and councels do not directly oppose , contradict , and give the lye unto , to your eternall infamy and breach of publike faith , as much as in you lyes , let both houses , the world and all men judge , as they will do in due season . fourthly , consider , that when the * king and his partie did tax the houses for insinuating , that if they should make the highest presidents of other parliaments their patterne , there would be no cause to complaine of want of modesty or duty in them : that is , th●…y m●…y 〈◊〉 the king 〈◊〉 they will , and are not to be blamed for so doing : and that the army raised by the parliament , was to 〈◊〉 〈◊〉 and 〈◊〉 the king . both houses by two solemne declarations , did most professedly declare and protest against it , as the falsest and most malicio●… accusation that could be imagined : that the thoughts of it never 〈◊〉 , nor should enter into their loyall hearts , that as god is witnesse of their thoughts , so shall their actions witnesse to all the world , that to the honor of our religion , & of those who are most zealous in it , they shall suffer far more for & from their soveraign then they hoped god would ever permit the malice of his wicked councellors , to put them to , since the happinesse of the kingdom doth so mainly depend upon his majesty and the royall authority of that root . that they hoped the contrivers of these false & scandalous reports , or any that professed the name of a christian , could not have so little charity , as to raise such a scandall , especially when they must needs know , the protestation made by the members of both houses , whereby they promise in the presence of almightie god , to defend and preserve his majesties person , the promise and protestation made by the members of both houses , upon the nomination of the lord of essex to be generall , and to live and dye with him , wherein is expressed , * that this army was raysed for defence of the kings person . their often , earnest , and most humble addresses to his majestie , to leave that desperate and 〈◊〉 army wherewith he is now encompassed , raysed and upheld , to the hazard of his own , and the kingdoms 〈◊〉 , & to come in person to his par●…ment , where he should be sure to remain in honour and safety ; and their humble petition directed to be presented to him by the hands of the earle of essex , before any blow given , to remove his royall person from the army : a request inconsistent with any purpose to 〈◊〉 th●… least violence to his person : which hath , and ever shal be dear u●…to them . now put it to your soules and consciences , whether yours & the armies present councells and actions , do not really justifie the king and his parties former suggestions , and give the lye to these declarations of both houses ? who certainely , when ever restored to a condition of freedome and libertie of meeting together againe , will crave publike reparations and justice against you , if you violate both their honour , faith , and engagements to the king , kingdome , and forraign states , against these their declarations & protestations too . fifthly , remember , * that the lord and commons assembled in parliament , octo. 22. 1642. did , in the presence of almightie god ( which , the strongest obligation that any christian , and the most solemne publike faith that any state , as a parliament can give ) for the satisfaction of their own consciences and discharge of that great trust that lyes upon them , make this protestation and declaration to all this kingdome and nation , and to the whole world , that no private passion or respect : no evill intention to his majesties person . no designe to prejudice his just honor and authoritie , engaged them to rayse forces or take up armes . that if he would return to his parliament in peace , and by their counsells and advise compose the distempers and confusions abounding in his kingdomes ; they would receive him with all honour , yeeld him all true obedience , subjection , and faithfully endeavour to defend his person & estate from all danger , and to the uttermost of their power establish him , in all the blessings of a glorious and happy reigne . and that they had no intention or desire to hurt or injure his majestie , either in his person or in h power . which they seconded by many subsequent declarations . since which , both houses and the three kingdoms of england , scotland and ireland have entred into * a solemne league and covenant , for the honour and happinesse of the kings majestie , and his posterity , [ among other ends therein specified ; ] that they shal sincerely , really , and constantly endeavour , with their estates and lives , to preserve and defend the kings majestie & person and authority , in the preservation and defence of the true religion and liberties of the kingdoms , that the world may beare witnesse with their consciences , of their loyalty , and that they have no thoughts , nor intention to 〈◊〉 his majesties just power and greatnesse , that they will with all faithfulnesse endeavour to discover all evill instruments and incendiaries , * dividing the king from his people , that they may be brought to publike tryall , and receive condigne punishment : and shall never suffer themselves diriectly or indirectly , by whatsoever combination , persawasion or ●…errour , to be withdrawn from this blessed union , &c. which so much con●…erneth the glory of god , the good of the kingdomes , and the hon●…t of the ●…ing , but shall all the dayes of their lives zealously and co●…stantly continue therein against all opposition . and conclude ; this covenant wee make in the presence of almightie god the searcher of all hearts , with a true intention to observe the same , as wee shall answer at the great day , when the secrets of all hearts shall b●… diselosed . this covenant you have all ●…aken your selves ( some of you often ) and * i●…posed it on all the three kingdomes : and will it not stare in your 〈◊〉 , your consciences , and engage god himselfe , and all three kingdoms , as one man against ●…ou , if you should pr●…eed to depose the king destroy his person , or dis-inherit his posteritie ? yea , brin●… certaine ruine upon you and yours as the greatest * 〈◊〉 , and most perjured creatures under heaven●… o think , and 〈◊〉 most seriously upon it , before you proceed to further 〈◊〉 * 〈◊〉 . 24. e. 3. william thrope , chiefe justice of the kings bench , for for ●…aking 80 l. bribes of severall persons , was by speciall commission , 〈◊〉 , convicted , and condemned to be hanged , and to forfeit all his lands , 〈◊〉 , goods , and chattels to the king●… because thereby , sacr●…mentum domini regis quod erg●… populum habuit custod●…ndum fregit , 〈◊〉 , falso & rebelliter , qua●…tum in ipso suit : which judgement was affirmed to be just a●…d reasonable in full parliament where it was openly read by the kings command , as is evident by 25. e. 3. rot. parl. nu 10. if then this chiefe justice : for breaking hi●… oath to the king and his people , as a judge , only in taking two or three small bribes , deserved to be hanged , and to forfeit all his lands , goods , and life , by the judgement of a full parliament , then what will such members deserve to suffer , who shall violate , not only what oathes of allegiance and supremacy to the king and his heires , but likewise the severall pro●…stations , solemn league and covenant , and the multiplyed publique faith , engagements , declarations , remonstrances , and promises of both houses of parliament , made to god , the king , the whole kingdome and people of england , scotland , and ireland , the states of the united provinces , and all the world , and that malitiously , falsely and rebelliously , as much as in them lies , and their owne private faith , oathes , vowes , and covenants involved in them , in deposing 〈◊〉 executing the king , 〈◊〉 the prince , violating the ●…riviledges , usurping the power of the parliament to themselves , when most of the other members are vrolently secluded by the army , to the subvertion of the freedom and liberties of al parliaments●… thi●… being one article against king rich. the 2d . in 1 h. 4. rot. parl. n. 25. 66. 70. when he was deposed , that in the parliament held at salop intended to oppresse his people , he did subtilly procure and cause to he granted , by consent of all the states of the kingdome ( which you have not ) that the power of the parliament should remaine with certaine person [ * lords and commons ] to determine certaine petitions then delivered , but not dispatched , after the parliament ended ; by colour whereof ? the said deputed persons proceeded by the kings pleasure & wll , to other things generally concerning the said parliament , to the great derogation of the state and priviledges of ●…he parliament , and thegreat inconvenience and pernitious example of the whole realme , and to gaine some colour and authority to their doings , the king caused the parliament rolls to be altered and deleated according to his vote , contrary to the effect of the foresaid concession ; as you have presumed to null , repeale , and unvote divers votes , orders , and ordinances of both houses made in pursuance of the foresaid o●…thes , protestations , the solmne leagué and covenant , remoustrances , declarations of both houses , & the treaty , when the houses were full , and not under the armies force or violence : and if their proceedings and the whole parliament of 21 r. 2. were declared * null and void , and the king worthy to be deposed , for such proceedings then ; let serjeant throp , and other lawyers not acting with you , consider and i●…forme you , what punishment you deserve for such breach of faith , priviledges of parliament , & usurpation of a monopoly of pa●…liamentary power to your selves now , whiles under the armies force , & most members forced thence : in which case you ought not to sit , vote , or conclude any thing , but only to * adjourne till the force removed & al members may freely meet in ful parl. as is ●…lear by that memorable record of 6. e. 3. parl. apud ebor. n. 1. 2. dors. claus. 6. e. 3. m. 4. 6. e. 3. apud west . parl. 2. n. 1. 13. e. 3. parl. 2. n. 4. 15 e. 3. n. 5. 17. e. 3. n. 2. 6. 18. e 3. n. 1. 2. 5. 20. e. 3. n. 5. 11. e. n. 4. 22. e. 3. n. 1. 25. e. 3. n. 1. 29. e. 3. n. 4. 36. e. 3. n. 1. 37. e. 3. n. 1. 42. e. 3. n. 1. 50. e. 3. n. 1. 51. e. 3. n. 3. 1 r. 2. n. 1. 2. r. 2. n. 1. 3. r. 2. n. 1. 4. r. 2. n. 1 5. r. 2. 〈◊〉 . 〈◊〉 . n. 1. 〈◊〉 . 2. n. 1. 6. r. 2 , parl. 1. n. 1. parl. 2. n. 1. 8. h. 4. n. 28 50. 149. h. 4. n. 1. 13. h. 4. n. 1. and many more rolls : where the parliament when any considerable number of the members of either house were absent , was constantly adjourned and refused to sit or to doe any thing ( though not under any force , ) till the houses were full , much more then when under the armies sword : it being against magna charta , as the * barons declared in parl. anno dom. 1257. in the reigne of k. h. the 3d. for a few members to sit , when the rest are absent . 6thly . consider : that though many of the kings of judah and israel were extraordinary sinfull and idolators , bloody and tyrannicall great oppressors of their people , yea shedders of priests , of prophets , and other good mens innocent blood , not onely in the wars but in pe●…ce : yet there is not one president in the old testament of any one king ever juditially impeached , arraigned , deposed , or put to death by the congregation , sanhedrin , or parliaments of judah or israel . that those who slew any of them in a tumultuous or treacherous manner , were for the most part slaine themselves , either in a tumult , or * else put to death by their children who succeded to the crow●…e , or people of the land : and that the israelites after their revolt from rehoboam , had never any one good king , or good day almost among them , but were over-run with idolatry , prophanenesse tyranny , iuvaded by enemies , involved in perpetuall warres , civill or forraigne , and at last all destroyed and carried away captives into babylon : at the books of kings and chronicles will informe you . that the rule in the old testament is , not to take any wicked kings from their thrones and behead them : but , * take away the wicked from before the king , and his throne shall be established in righteousnesse . and the rule in the new testament : to be subject to kings and the higher powers , and to submit unto●… them , even for conscience and the lords sake : and to make prayers , supplications , and intercessions for them , that under them we may lead a peaceable and quiet life , in all godlinesse and honesty : for this is good and acceptable in the sight of god our saviour : not to depose or shed their blood , for which there is no precept . and is not this plaine way of god the safest for you and the army to follow , yea the onely short cut to peace and settlement ? ruminate upon it , and then be wise , both for your soules good , and the kingdomes too . 7thly , consider , that you now meet , and sit under the armed force and violence of a mutinous army , who have leavied warre against the houses to dissolve them , imprisoned many of your members , forbly secluded more , and driven away almost all from the houses ; that till the removall of this horrid force , and re-assembling of all your scattered members with freedom and safety in the houses , all you vote , act , order , or ordaine , by the armies own doctrine in their remonstrance of aug. 18. and the declaration and ordinance of both houses ( made at the armies instance ) aug. 20. 1647. is null and void , even at and from the time it was voted , acted , ordered , ordained , a●…d so declared by your selves even by this unrepealed ordinance , and by former parliaments to , as 21. r. 2. c. 12. 1. h. 4. c. 3. 31 , h. 6. c. 1. 39. h. ●… . c. 1. and however you may take upon you the name and power of the houses of parliament , and unvote , vote , order , and ordaine what you please ; yet take it for an infallible truth , that none of the * secluded and absent members , none of the counties , cities , and borroughs , for which they serve , nor those for whom you serve and represent ; nor yet the kingdoms of england , scotland , and ireland ( who have as great or greater a share and interest in the person of the king , as their lawfull soveraigne , and are engaged by oaths , covenant , and all the forecited premises to protect his person and crown with their lives and estates , against all violence and danger ) with his queen , child●…en and allies in forraigne pa●…ts , of what religion soever , will never own you [ in your present condition , and constitution ] to be a parliament , but rather a conventicle or junto ' , nor any thing you vote , order , or ordain to be * valid . and therefore whatever you vote , order , or : ordaine concerning the treaty , the deposing or executing the king , the dis-heriting or banishing the prince , dissolving the present parliament , setting up a new confused representative , or new forme of state government , only to please the office●… and army , or rather those jesuits and popish priests , who have over-reached , and instigated them forcibly to prosecute these their treasonable designes , and accomplish this their long expected desire and work ; you must do only as private men , not as a parliament : and if so , what lesser offence then high : treason against the king , parliament , and kingdom , your present actings and proceedings will prove in the conclusion , if you persevere and persist in them , i leave to a free parliament , the learned judges , and all lawyers now sitting and voting among you , to consider and resolve . which the officers and councell of the army considering , would cast the odium and danger of all upon you , the better to exempt and acquit themselves if after reckonings should come , as probably they may , and certainly will in gods due time , if you and they repent not . give over , and crave pardon ere it be over late . 8iy remember , that no protestant kingdome or state ever yet defiled their hands , or stained the purity and honour of their reformed religion , with the deposition , or blood of any of their kings or princes , much lesse of a protestant king or prince , of a temperate and sober life as the king is ; who never immediatly imbrued his own hands in any one mans blood , in any tyrannical or bloody way before or since the wars , ( for ought i can heare ) but only in a military . and for a reforming protest . parl pretending the most of any to piety & religion , to stain their profession or honour by the deposition , or defile their hands with the blood of a protest . king , or for an army of saints to do it , or they to please a saint●… seeming army , and that against so many forementioned oaths , protestations , declarations , remonstrances , solemne leagues & covenants one after another to the contrary , would be such an unparalleld scandall to the protest . religion and all professors of it ( who have upbraided the jesuits and papists with this perfidious and treasonable practise , of which they have bin deeply guilty , and themselves innocent ) both in our own 3. kingdoms & the whole christian world , as would give the greatest occasion , advantage , and encouragement to the jesuits , papists , and all licentious persons to joyne their hands , heads , purses , to suppresse and extirpate it , and all the professions of it , both at home and abroad , that ever yet they had , and make parliaments for ever hereafter execrable and detestable , both to kings and people . 9ly . consider , that scotland and ireland are joyntenants , at least wise tenants in common with us in the king , as their lawfull soveraigne & king , as well as ours ; & that the scots delivered and left his per●…on to our commissioners at new●…wstle , upon this expresse condition : that no violence should be offered to his person , &c. according to the covenant . how then you can un-king or depose him as to them , or take away his life upon pretext of justice , without their concurrent assents , is worthy your saddest thoughts . if you do it without asking or receiving their consents , you engage both kingdoms to make a just warre against you , to proclaime and to crown the prince of wales their king ( though you should lay him aside ) as being next heire apparent . and no ordinance you can now make , will be any legall barre against him , to the crowne of engl. where he will finde sen thousand persons for one , who 〈◊〉 joyn with scotland and ireland to set him upon his fathers throne , as king of england , and avenge his blood upon all who shall be ayding or assisting to its spilling , or his death owning . and what then will become of you and your army , when thus deserted by most , opposed by all 3. kingdoms , and all the kings , qu●…ens , and princes allies , united forces ? where will you , where will your st. cromwell , st. ireton , st. pride , st. peters , ( that fast and loose carnall prophet and arch jesuited incendiary in these present tumults ( with other grand saints of the army ) who now force you , the generall , army and whole kingdom , upon such dangerous councels as these , by the jesuits principles and practises ) then appear , to save either themselves , or you , or your posterities from exemplary justice without mercy , or hopes of pardon ? consider this then seriously , if not as christians , yet as 〈◊〉 and selfe-ended men , and then repent and be wise in time . tenthly , remember , that you have neither law nor direct president 〈◊〉 what you are going about : * edward the 2d . and richard the 2d . were forced by mortimer , and henry the 4th . to resigne their crownes in a formall manner , the one to his son , the other to his conquering suceessor , neither of them to the parliament , & then deposed by a subsequent sente●…ce in parliament , as unfit to reigne , without any formall iegall tryall , or answer : and that not in an empty parliament under a force , as now , when most members were forced away and secluded , but in a full parliament , wherein the articles drawen up against them were never so much as rtad ; and their depositions made [ upon their owne voluntary concessions only ] to confirme , their precedent resignation , besides , neither of these kings though very bad , and paptists , were ever condemned to loose their heads or lives , but were to be well and honourable treated : and those proceedings were onely by popish parliaments in time , of ignorance , who had no such oathes , vowes , covenants , protestations , and other forementioned considerations to tye their hands , as you and we all have now . yea this ve●…y 〈◊〉 . 〈◊〉 solemnly and parcularly protested , * that they did never suffer these presidents to enter into their thoughts , and they should never he their practise what ever they suffered from the king or his , and that for the honour of our religion , and the most 〈◊〉 in it . b●…t that which is very observable , roger mortimer , the principle actor in deposing king edward the 2d . and crowning his sonne edward the 3d , king in his stead , ( as you must now crowne the prince wales , in his fathers sleed , if you depose the king , else you pursue not this president as you should do ) in the parliament of 1 ed. 3. ( in which i finde no record concerning this deposall : ) was in * a full parliament , within four yeares after , with some other of his confederates , * impeached , condemned , and executed , as a traytor and enemy to the king and kingdome , by the judgement of the lords , and that by king edward the third his owne assent , without any legall hearing or tryall , ( just as he h●…d there deposed this king without it ) for murthering king edward in berkley castle after his deposall : and sir thomas de berkley , in whose castle he was slaine , being indicted of treason likewise for the same ●…urther , before the lords in parliament , pleaded not guilty thereunto and was tried at the lords bar in a legall manner , by a jury of twelve knights , there sworn and impanneled , and by them acquitted upon full evidence and tryall ? when as sir simon de bereford , was impeached , condemned and executed by a judgement given against him by the lords alone , without any triall , for murthering this deposed king , and thomas de gurney and william ocle , adjudged traytort by them for the same offence without any evidence appearing to record . these presidents then , will be of very hard digestion , and not paralleld to our times , or the kings case : who , having upon the late treaty granted u●… , for the speedy settlement & security of our bleeding kingdomes churches and religion , what ever we could in honor , justice , or reason desire , and farre greater advantages and security then any of our ancestors , or any kingdome under heaven from the creation to this present demanded , or enjoyed from any of their princes ( as i dare make goo●… to you and all the woeld ; ) and that which the commons house , after two whole daies & one whole nights debate , thought and voted , a sufficient ground for them to proceed with the king , to the speedy setling of the kingdoms peace , how you , or the a●…my ; after such large concessions , contrary to the votes of both houses when full and free , can in h●…nour , justice , reason , discr●…tion , or conscience proceed to depose or decapitate the king , as a violater of his faith , a traytor &c. without making your selves more perjured , treacherous & greater traytors in all kinds , then he , and incu●…ring the same judgment & execution as you shall passe & inflict upon him , i leave to your safest consultations to advise off i have thus freely , faithfully , & plainly , discharged my minde & conscience to you , without feare or flattery , for the kings , kingdoms , parliaments , protestant religions , i am certaine ireland is ( almost inrecoverably lost ) your owne , and the armyes weale and safety too , if god in mercy please to give you heads or hearts to make timely use of 〈◊〉 , and not suffer your selves to be jesuit-ridden any longer . cons●…er , you have most of you estates , all of you heads , or lives , and soules to save , or loose , both here and hereafter ? if this , and all the precedent considerations will not prevaile with you , to take you off from you●… present desperate councells and proceedings , for your owne , the kingdoms , churches , religions , irelands , parliaments , your owne posterities , and the armyes safety too , ride on triumphantly still in ignatius loyola his fiery chariot , like so many young pha●…tons , till you fall and perish . it is sufficient for me , however you digest this present friendly memento to you , that i can truly say , liberavi animam meam , whatever becomes of you or me . who doe here solemnly protest to all the world against these your proceedings , as altogether null , void , vnparliamentary , illegall , unchristian : if not perfidious and treasonable in these respects . i shall close up all with the golden sentence of god himselfe ? and the wiseft of men , king solomon , which is twice rrpeated verbatim that it might be the better semembred and considered by you , & all others in such exigences of publique affaires , as we are now fallen into , prov. 22. 3. and 27 , 12. a prudent man soroseeth the evill and hideth himselfe , but the simple passe on and are punished . and with that which is paralel to it . prov. 14. 14 , 15 , 16. the s●…mple beleeveth every word , but the prudent m●…n looketh well to his goings , a wise man feareth and departeth from evill , but the foole rageth and is confident , and shall be filled with his owne wayes : which is thus interpreted . ptov. 1. 18. 38 , 32 , 33. they lye in wait for their owne blood , they lurk privily for their owne lives , whose feet run to evill , and who make hast to shed others blood . fot , the turning away of the simple shall slay them , and the prosperity of fooles shall 〈◊〉 them . but who so hearkneth unto me shall dwell safely , and shall he quiet from feare of evil . from the kings head in the strand jan. 1. 1648. your affectionate friend and servant , as farre as you appear to be gods ; your soveraignes the kingdomes , the parliaments , religions , theirs who have intrusted you , or your owne true friends . william prinne . prov. 28. 23. he that rebuketh a man ; afterward , shall finde more favour , then he th●…t flatterreth him with his lips . a postscript . i am confident , that if the members now mee●…ing at westminster will but perswade the generall and his pratestant officers immediately . o tender the oathes of s●…premacy and alegience , the solemne league and 〈◊〉 , and the new oath of 〈◊〉 , ●…or the bette●… discovery and speedier cōnviaction of 〈◊〉 , popish priests and papists consented to by the king in the 〈◊〉 treaty ; to all the officers 〈◊〉 , and souldiers in the army , they will presently discover an whole conclave of 〈◊〉 , papists , priests , and jesuited papists amongst them , who have instigated them , to disobey and 〈◊〉 both houses , imprison their members , to impeach , try , depose , execute the king , desolve the pre●…ent parliament , subvert the present government , and constitution of parliament , betray ireland to the rebels , and bring 〈◊〉 〈…〉 to present confusion , the practises , designes and stu●…es of none but jesuits and ●…apists , which all true protestants cannot but abhor . finis . notes, typically marginal, from the original text notes for div a56138e-170 * and yet never member was then forcibly imprisond orseclused the house as above 200. are now by the army . notes for div a56138e-390 ●… cook . 3. institu . 4. ●… . stam-for●…d plea of ●…c crown . 1. 1 , c. 1. 2. note this . * exact collections . p. 6. 19. ●…1 . 59. ●…6 . 6. 8●… . 102. 103. 118. 123. 125. 141. 1●…2 . 1●…3 . 17. 1●…0 . 1●…5 . 219. 259. ●…81 . 30●… . 3●…0 . 312. ●…60 . 376. 457. &c. * a collectson . &c. 18 ●… . 〈◊〉 〈◊〉 . 49. 〈◊〉 . 61. 〈◊〉 . 96. 〈◊〉 . 〈◊〉 . 〈◊〉 . 〈◊〉 . 〈◊〉 . 〈◊〉 . 〈◊〉 . 〈◊〉 . 〈◊〉 . 〈◊〉 . 〈◊〉 . 〈◊〉 . 9. 〈◊〉 〈◊〉 . * exact collection , p. 298. 695. 696. 657. 658 , 991. * which they oft professe both of the army under the earle of essex , and s. . 〈◊〉 , 〈◊〉 〈◊〉 collecton of all 〈◊〉 , &c. 8. 13. 41. 43. 44. 49. 51. 61. 64. 96 , 99. 623. 696. 879. appendix p. 15. * exact collections , p. 663 〈◊〉 . 666. 687. 686. 907. 911. * a collection , &c. ●… . 327. 359 39●… . 404. 4●…6 . 420. ●…o ●…28 . 806. 887. 808. 878. 879. 889. * those who depose or divide his head from his shoulders must be most guiltie of this dividing . * a 〈◊〉 , &c p. 4●…0 . &c. * 2 tim. 3. 3 , 4. * 〈◊〉 . 〈◊〉 . 〈◊〉 . 〈◊〉 . ●… . 3. 〈◊〉 in . dors . 〈◊〉 . pat. 〈◊〉 〈◊〉 . 〈◊〉 . 1. m. 〈◊〉 . 〈◊〉 . p. 14 〈◊〉 . 21 r. 2. ●… . 16. * 1 h. 4. c , 3. as the house did in the ease of the five members , exact col lection , p. 35. 10. 36. * mathew paris , p. 882. 885. ●…18 . dan. p. 172. * 2 kings 14. 6. ●… . 15. 10. 14. 15. 30. ●… . 21. 24. * rom. 13 1 , 2. &c. tit. 3. 1 , 2. 1 pet. 3. 13 , 14. 17. 1 tim. 2. 1 , 2 , 3. 〈◊〉 . 21. 5. * see their protestation . dec. 11. 1648. * see a collection &c. p. 93. 221. 222. 225. 253. * walsingham hist. ang. p. 107 , 1●…8 . 109. polichron 1. c. 44. 〈◊〉 holinshed grafton in ed. 2. & rich. 2. henry the 4th . * 1. h. 4. rot. parl. n. 1. to 60. where the whole proceedings are at large related . * exact col. p. 69. 696. * e. 3. 〈◊〉 , par. n. 1. 107. * 4 , e. 3. n. 16. * 4. e. 3. n. 3. 5. conscientious, serious theological and legal quæres, propounded to the twice-dissipated, self-created anti-parliamentary westminster juncto, and its members. to convince them of, humble them for, convert them from their transcendent treasons, rebellions, perjuries, violences, oppressive illegal taxes, excises, militiaes, imposts; destructive councils, proceedings against their lawfull protestant hereditarie kings, the old dissolved parliament, the whole house of lords, the majoritie of their old secured, secluded, imprisoned fellow-members, the counties, cities, boroughs, freemen, commons, church, clergie of england, their protestant brethren, allies; contrary to all their oathes, protestations, vowes, leagues, covenants, allegiance, remonstrances, declarations, ordinances, promises, obligations to them, the fundamental laws, liberties of the land; and principles of the true protestant religion; and to perswade them now at last to hearken to and embrace such counsels, as tend to publike unitie, safetie, peace, settlement, and their own salvation. / by william prynne esq; a bencher of lincolns inne. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91165 of text r203226 in the english short title catalog (thomason e772_3). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 125 kb of xml-encoded text transcribed from 27 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91165 wing p3930 thomason e772_3 estc r203226 99863265 99863265 115455 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91165) transcribed from: (early english books online ; image set 115455) images scanned from microfilm: (thomason tracts ; 118:e772[3]) conscientious, serious theological and legal quæres, propounded to the twice-dissipated, self-created anti-parliamentary westminster juncto, and its members. to convince them of, humble them for, convert them from their transcendent treasons, rebellions, perjuries, violences, oppressive illegal taxes, excises, militiaes, imposts; destructive councils, proceedings against their lawfull protestant hereditarie kings, the old dissolved parliament, the whole house of lords, the majoritie of their old secured, secluded, imprisoned fellow-members, the counties, cities, boroughs, freemen, commons, church, clergie of england, their protestant brethren, allies; contrary to all their oathes, protestations, vowes, leagues, covenants, allegiance, remonstrances, declarations, ordinances, promises, obligations to them, the fundamental laws, liberties of the land; and principles of the true protestant religion; and to perswade them now at last to hearken to and embrace such counsels, as tend to publike unitie, safetie, peace, settlement, and their own salvation. / by william prynne esq; a bencher of lincolns inne. prynne, william, 1600-1669. [2], 48, [2] p. printed, and are to be sold by edward thomas at the adam and eve in little britain, london : 1660. with a final errata leaf. annotation on thomason copy: "9ber [i.e. november] 5". reproduction of the original in the british library. eng england and wales. -parliament -history, (17th century) -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. great britain -history -civil war, 1642-1649 -religious aspects -early works to 1800. great britain -history -puritan revolution, 1642-1660 -early works to 1800. a91165 r203226 (thomason e772_3). civilwar no conscientious, serious theological and legal quæres, propounded to the twice-dissipated, self-created anti-parliamentary westminster juncto, prynne, william 1660 21291 4 0 0 0 0 0 2 b the rate of 2 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2007-06 tcp assigned for keying and markup 2007-06 aptara keyed and coded from proquest page images 2008-07 john latta sampled and proofread 2008-07 john latta text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion conscientious , serious theological and legal quaeres , propounded to the twice-dissipated , self-created anti-parliamentary westminster juncto , and its members . to convince them of , humble them for , convert them from their transcendent treasons , rebellions , perjuries , violences , oppressive illegal taxes , excises , militiaes , imposts ; destructive councils , proceedings against their lawfull protestant hereditarie kings , the old dissolved parliament , the whole house of lords , the majoritie of their old secured , secluded , imprisoned fellow-members , the counties , cities , boroughs , freemen , commons , church , clergie of england , their protestant brethren , allies ; contrary to all their oathes , protestations , vowes , leagues , covenants , allegiance , remonstrances , declarations , ordinances , promises , obligations to them , the fundamental laws , liberties of the land ; and principles of the true protestant religion ; and to perswade them now at last to hearken to and embrace such counsels , as tend to publike unitie , safetie , peace , settlement , and their own salvation . by william prynne esq a bencher of lincolns inne . levit. 19. 17. thou shalt not hate thy brother in thy heart , thou shalt in any wise rebuke thy neighbour , and not suffer sin upon him ; or , bear not sin for him . 1 tim. 5. 20. them that sinne openly , rebuke before all , that others may fear . prov. 9. 8 , 9. rebuke a wise man , and he will love thee ; give instruction to a wise man , and he will yet be wiser . jude 11 , 12. wo to them , for they have gone in the way of kain , and perished in the gainsaying of core . they are trees whose fruit is withered , twice dead , plucked up by the roots . london printed , and are to be sold by edward thomas at the adam and eve in little britain , 1660. conscientious , serious theological and legal quaeres , &c. the wisest of men , and god only wise , informs all sons of wisdom capable of instruction ; that a open rebuke , is better than secret love ; because faithfull are the wounds of a friend , but the kisses of an enemy are deceitfull : whence b he that rebuketh a man , for his exorbitant transgressions , afterwards shall finde more favour , than he that flattereth with the tongue ; by extenuating , excusing or justifying his offences . upon this consideration , i reputed it both a seasonable and christian duty incumbent on me in this day of the late anti-parliamentary junctoes dissipation , humiliation , confusion , and army-officers division amongst themselves , to reminde them fully of , and * rebuke them plainly , sharply , for their manifold treasons , perjuries , and other exorbitant offences against their lawfull protestant kings , kingdom , the late dissolved parliament , the whole house of lords , the majoritie of their fellow-members , the whole english nation , church , ministrie , their protestant brethren , and allies , against all their sacred and civil obligations to them , in a serious , impartial , convincing , least-offensive manner , by way of quaeres drawn from gods word , and plain sacred scripture-texts , and our known laws , which they have most presumptuously trodden under foot , and c would not hearken to , in the daies of their late self exaltation and prosperity , like their predecessors of old among the jewes : when i minded and reminded them over and over , not only in my speech , memento , collections of our antient parliaments , and other publications in the years 1648 , 1649. in my epistle to , and first part of my historical collections , and legal vindication ; 1655. my republicans spurious good old cause briefly and truly anatomized ; my true and perfect narrative , and concordia discors in may , and june last , and brief necessary vindication of the old and new secluded members , in september following ; ( wherein i truly predicted their former and present dissolutions by those very army officers with whom they confederated ) which they would not credit , till dissolved by them ; being in good hopes , that they will now at last hear counsel and receive instruction , that they may be wise in their latter end , as god himself adviseth them , prov. 19. 20. 1. whether their speaker mr. lenthall and those confederate members of the commons house , who against their duties , upon pretext of the unarmed london apprentices tumult at the house in july 1647. ( though they secured , secluded no members , but only kept them in the house , till they had read , answered their petition , and then quietly departed ) went away privily to the armie , by the invitation , instigation of some swaying army-officers , without the leave or privitie of the house ; brought up the whole army to westminster and london to conduct them in triumph to the house , caused them to * impeach , declare against , suspend , imprison sundry members of both houses ; nulled all votes , orders , ordinances , proceedings in their absence , by reason of a pretended force upon the house by the apprentices during that space , and declared them meerly void to all intents , by the speakers declaration , and an ordinance of 20 aug. 1647. when as there was no force at all upon the houses during that time , and these members might have freely , safely returned to the house alone , had they listed , without the army , or any one troop to guard them : and afterwards mutinied and brought up part of the armie again to westminster , to * force the houses to passe the votes for no more addresses to the king , ( contrived in a general council of army-officers , and seconded with their declaration when passed by force and surprize in an emptie house ) after that most traiterously and perfidiously f confederated with the army-officers to break off the last treatie with the king in the isle of wight ; to seise the kings person by a partie of the armie and remove him thence against both houses orders , notwithstanding his large concessions and consent to their propositions ; to secure , seclude all the members of the commons house , who after many daies and one whole nights debate , passed this vote according to their judgements , consciences , duties ( carried without dividing the house , notwithstanding the armies march to westminster , and menaces to prevent it ) that the answers of the king to the propositions of both houses , were a ground for the house to proceed upon for the settlement of the peace of the kingdom : which vote of the whole house when there were above 300 members present , about 40 of them only soon after repealed , expunged , ( the manner of carrying on of which design against the king and members , was concluded by a committee at windsor , consisting of 4. army-officers , wherof col. harrison ( their chair-man , and a member ) and col. rich were two ; 4. members of the commons house , whereof cornelius holland yet living was one , the 3. others since dead , 4. independents , and 4. anabaptists of london ; wherein a list was made by them what members should be secluded , secured , and who admitted to fit ; this committee resolving to dissolve both houses by force , and to trie , condemn , execute the king by a council of war , if they could not get 40 of the common g house to sit and bring him to justice , as john lilburn one of that committee hath published in print ; ) approved , abbetted the armies forcible , treasonable securing of many members , secluded the majoritie of the house by their vote of jan. 11. 1648. upon the armie-officers false and scandalous printed answer to them , jan. 3. touching the grounds of their securing and secluding them , contrarie to their protestation , covenant , the privileges , rights of parliament , the great charter , the fundamental laws and liberties of the nation ; and not content therewith , by their own anti-parliamentarie , antichristian usurpers , to out-act the old gunpowder traytors many degrees , by the armies assistance , and e opposing , advancing themselves against all that is called god and worshipped , they most traiterously set aside , voted down , suppressed the whole house of lords , as dangerous , uselesse , tyrannical , unnecessary ; usurped , engrossed the stile , power of the parliament of england , and supreme authority of the nation , to themselves alone , without king , lords , or majoritie of their fellow secluded members ; created a new monstrous high court of justice , ( destructive to all our fundamental laws , liberties and justice it self ) wherein ( beyond all presidents since the creation ) they most presumptuously condemned , murdered , beheaded their own lawfull hereditarie protestant king ( against all their former oathes , protestations , vows , covenants , remonstrances , declarations , obligations , allegiance , the laws of the land , the principles of the protestant religion , and dissenting votes , protestations , disswasions of the secluded lords , commons , scots commissioners , london ministers ; the intercessions of forein states , and our 3. whole kingdoms , ) together with 3 protestant peers soon after : after that , close imprisoned my self , sir william waller , sir william lewes , major general brown , with sundrie other members divers years in remote castles , without any hearing , examination , cause expressed , or the least reparatiō for this unjust oppression ; exercising far greater tyrannie over the peers , their old fellow members , and all english freemen , during the time of their regality in every kind , than the beheaded king or the worst of his predecessors ; were not by a most just , divine retaliation and providence ( when they deemed themselves most secure and established ) even for these their transcendent treasons , perjuries , tyrannies , violations of the rights , privileges of parliament , their own sacred oathes , protestation , league , covenant , suddenly dissolved , dissipated , thrust out of doors , apr. 20. 1653. by cromwel and the armie-officers in a forcible shamefull manner , with whom they confederated all along , though they received new commissions from , & engaged to be true and faithful to them without a king or house of lords , and branded by them to posteritie in their printed declaration , april 20. 1653. as the corruptest , and worst of men ; intollerably oppressing the people , carrying on their own ambitious designes , to perpetuate themselves in the parliamentarie and supreme authoritie , the archest trust-breakers , apostates , never answering the ends which god , his people , and the whole nation expected from them , &c. col. harrison himself ( the chairman at windsor committee to secure us ) being the very person imploied by cromwell to pull their speaker lenthall out of the chair , and turn him with his companions out of doors ; cromwell himself then stigmatizing sir henry vane , henry martyn , tom challoner and others of them by name , with the titles of knave , whoremaster , drunkard , &c. and not long after to requite his good services , he suddenly turned col. harrison , rich , and their party out of the com-house by force , dissolved their anti-parliamentarie conventicle ( elected only by the armie ) dec. 11. 1653. whiles they were seeking god for direction ; and soon after cashiered both these * collonels , ( his former greatest instruments ) out of the armie , sent them close prisoners to remote castles garded with armie troops ; and as they and their troops when they seised major general brown , with other members , and conducted them to windsor castle , and other prisons , refused to acquaint them whither they were to be sent : so m. jossop the clerk of their council of state , ( who brought these colonels to the coach at whitehall garden door , when they were conveyed prisoners to remote castles ) and their conductors denied to inform them to what places they were committed ; whereupon they cried out to the troopers which garded them ; gentlemen , is this the liberty you and we have fought for , to be sent close prisoners to remote-garrisons from our wives and families , they will not tell us whither ? will you suffer your own collonels , officers , who have fought for laws , liberties , and have been members of parliament to be thus used ? to which they answered , as themselves did in the like case to other secured members , conducted by them : we are commanded , and must obey , not dispute our orders ; and so were hurried away : as an eye and ear witnesse of the old parliament , related to me within one hour after . yea young sir henry vane himself ( the bold prejudger of our debates and vote in the house touching the kings concessions , if not a promoter of our unjust seclusion for it , ) was-unexpectedly and suddainly , not only thrust out from all his imployments , as well as out of the house , but sent close prisoner by cromwell to carisbrook castle in the isle of weight , the very place where he betrayed his trust to the king and parliament at the treaty , to gratify cromwel , who by an extraordinary strange providence , sent him close prisoner thither for sundry months , to meditate upon this divine retaliation . whether may not all this dissolved juncto and its members , from these wonderful judgements , providences , now conclude and cry out with that heathen cruel tyrant adonibezeck , jud. 1. 7. as i have done , so god hath requited me ? and acknowledge the truth of gods comminations against all treacherous betrayers and potent oppressors of their brethern ; obad. 15. as thou hast done , it shall be done unto thee , thy reward shall return upon thine own head . ps , 7. 15 , 16 he made a pit and digged it , and is fallen into the ditch which he made ; his mischief shall return upon his own head , and his violent dealing upon his own pate . rev. 13. 9 , 10. if any man have an ear to hear , let him hear ; he that leadeth into captivity , shall go into captivity ; he that killeth with the sword , shall be killed with the sword . here is the patience , and faith of the saints . o that all real and pretended saints , in the dissolved juncto and army , would now consider and believe it : as i lately pressed them to do , in the cloze of my good old cause truly stated , and the false vncased ; yet they would not regard it . whether their illegal forcible wresting the militia of the kingdom totally out of the kings hands into their own ; as their only security to sit in safety ; and perjurious engaging all officers , souldiers of the army in england , scotland , and ireland , to be true , faithfull and constant to them without a king or house of lords ( by subscriptions in parchment rolls returned to them under all their hands ) contrary to their former votes , declarations , remonstrances , protestations , oaths , vows , covenants , trusts , yea the very writs , returns which made them members , their own souldiers , army-officers first commissions , declarations , remonstrances , proposals ; and depending on this g arme of flesh , or broken h reed of aegypt , as a most sure invincible guard , security , from all forces , and enemies whatsoever that might assault , dishouse , dethrone them from their usurped supream regal and parliamental authority over the three nations , and their hereditary kings , * whom they would not have to reign over them ; hath not been most exemplarily and eminently requited by gods avenging providence , in making the very self-same army most treacherous and perfidious to themselves , to rise up , rebel against them several times , and turn them out of house , power on a sudden when they deemed themselves most secure ; to make themselves more than kings and lords over them and our whole 3. kingdoms ; and i an host of the high ones that are on high upon the earth : reviving that ataxie , which solomon complained of as a great error in government , and a divine judgement upon the authors of state-innovations . eccles. 10. 6 , 7 , 8 , 9. folly is set in great dignity , and the rich sit in low place ; i have seen servants on horseback , and princes walking as servants upon the earth . he that diggeth a pit shall fall into it , and who so breaketh an hedge a serpent shall bite him : whosoever removeth stones shall be hurt therewith , and he that cleaveth wood shall be endangered thereby ? whether that curse and judgement , jer. 17. 5 , 6. thus saith the lord , cursed be the man that trusteth in man , and maketh flesh his arm , and whose heart departeth from the lord ; for he shall be like the heath in the desart , and shall not see when good cometh ; but shall inherit the parched places in the wilderness , a salt land , and not inhabited : hath not justly befallen them and our nation , for relying on & trusting to an arm of flesh , an * assembly of treacherous men , whom themselves taught , encouraged to be treacherous , perjurious to the king , parl. lords , their fellow-members , and k thereby to themselves ; yet voted , cried them up for their faithfull army , saviours , deliverers , protectors , shields , and only safeguard , after they had dealt treacherously with themselves , and all their other superiors ; and proved like m aegypt to the israelites who trusted on them : when they took hold of thee by the hand , thou diddest break and pierce through the hand , and rent all their shoulder , and when they leaned upon thee , thou brakest and madest all their loins to be at a stand ; yea , dissolved , and n broke them in pieces like a potters vessel , so that there shall not be found in the bursting of it , a sheard to take fire from the hearth , or water out of the pit . and may we not then take up this song of the lamb ? rev. 15. 3 , 4. great and marvellous are thy works lord god almighty ; iust and true are thy wayes thou king of saints ; who shall not fear thee , ô lord , and glorifie thy name , for thy iudgements are made manifest ? whether their clandestine , sudden , indirect stealing into the commons house again , may 7. 1659. upon the army-officers invitation and declaration , ( who formerly turned them out of it with highest infamie , contempt and desamation april 20. 1653. ) after about 6. years dissolution , and 4. intervenient vnparliamentary conventicles , ( wherein manie of them sat as members , and acted as in parliaments ) by pretext of their old writs and elections as members of the long parliament , actually and legally dissolved by their traiterous beheading of the king near 11. years before , as i have * elsewhere proved ; without any new writs of summons , resummons , elections , or the privitie of their former electors or fellow-members : their forcible secluding of my self , sir george booth , mr. ansly , and all other formerly secluded members , and others not fitting with them from 1648. til april 20. 1653. by army-officers and guards of souldiers placed at the door for that end , and their justification , and continuing of this new seclusion as well as the old : their usurping to themselves the title , power of the parliament of the commonwealth of england , scotland and ireland , and supreme authority of the nation : their exercising both the highest regal , parliamental , legislative , tax-imposing power over our nations , ( the worst , highest of all other treasons ; ) their creating new unheard of treasons , exiles by their bare proclamations , imposing new intollerable taxes , excises , militiaes on the whole nation , against all laws , and our fundamental liberties , franchises . their most injurious , illegal , unpresidented proclaming of sir george booth , sir thomas middleton , with other old and new secluded members of the long parliament , and all their adherents , traytors , enemies to the common-wealth , and apostates , not only in all counties and corporations , but churches and chapels too throughout the nation , to abuse both god and men , only for raising forces by virtue of ordinances and commissions granted them by the long parliament ( which themselves pretended to be still continuing ) to defend the rights and privileges of parliament , to call in all the surviving members of both houses to fit with them , or procure a free and full parl duly summoned , aecording to the protestation , vow , league , covenant , and laws of the land , being their own and the whole nations birthright , for defence whereof the armie it self was both raised , continued , and themselves in their proclamation of may 7. 1659. and declaration of march 17. 1648. promised inviolably to maintain ; which their own consciences knew to be no crime nor treason at all , but an honest , legal , honorable , necessarie undertaking , justified by all their former votes , orders , ordinances , commissions for raising forces against the kings partie for the self-same end : and themselves greater traitors , enemies to the kingdom and republike , than strafford , canterbury , or the beheaded king , in proclaming their defence of this undoubted inheritance of all english freemen against their tyrannical usurpations thereon , to be treason and apostacy : their sending out major gen. lambert , ( who invited them into the house may 6. conducted them into it , but secluded sir g. booth & other members out of it , may 7. took a new commission from them afterwards in the house , and promised with manie large expressions , to be true , faithfull , constant , and yield his utmost assistance to them , to sit in safety and support their power ) with great forces against sir george booth and all his adherents in this cause , being the majority of the old parl. and of the people of the nation , and the true old parliament if continuing , to levie actual warr against them ; declared * high treason by sundrie votes and former declarations , and so resolved by themselves in their impeachments against the beheaded king , the earl of holland , lord capel , and sundrie others ; who accordingly levied war against them , routed their forces , reduced their garisons , imprisoned their persons , sequestred , confiscated their estates as traitors ; secured , disarmed sir will. waller , mr. holles , with sundrie other old members , promised rewards for bringing in the persons or heads of others they endeavoured to secure , against all rules of law , and christianitie ; kept a publike humiliation for their good successe against sir george booth and his adherents , and after their defeat a publike thanksgiving through westminster and london , to mock god himself ( * who will not be mocked ) to his very face , and ordained a publike thansgiving throughout the whole nation , to abuse both god and them , for their great deliverance from the most dangerous plot and treason of sir george booth , and his party ; ( to bring in all the old members to sit with them , without turning those then sitting out , or to procure a free parliament , ) that so their anti-parliamentary conventicle , by this pretext , might exercise a perpetual tyrannie , and parliamental authority over them ; and none thenceforth dare demand a full and free parliament for the future , under pain of highest treason , apostacie , and the losse of their very heads and estates ? whether all these their transcendent high treasons , with their former 1648 , against the k. secluded members , lords , parliament , people , were not by a most signal miraculous providence and justice of god himself recompenced immediately after upon their own , lamberts , and other armie-officers heads , by making their routing of sir george booth and his party , after their first thanksgiving for it , before the next day of general thanksgiving came , the very occasion of their sudden unexpected dissolution : 1. by over-elevating lamberts , his officers and brigades spirits , ( notwithstanding the signal marks and rewards of their favours towards them , for the present , and future promises of advancement for their fidelity to them in this service ) to enter into contestations with them by their petition and representations . 2ly . by raising the differences and jealousies between them to such a height and open enmitie , notwithstanding all their large votes & compliances to satisfie them , all means , mediations of friends , and the londoners publike feast on their thanksgiving day , to reconcile them ; as to incense the juncto to vote major harrison ( a chief agent , chairman for the old members first seclusion ) uncapable of any publike trust or office : to vote lambert , disbrow , creed , and 6 more field officers out of their commands , null their commissions , and dispose of their regiments to the next officers , without any hearing or examination ; if not threatning to commit lambert to the tower as a traytor ; to repeal fleetwoods commission and knack to be lieutenant general of their forces in england and scotland ; and put the command of the army and new militia under 7. commissioners , to wrest the power of them both into their own hands . 3ly . by exasperating lambert and his confederates by these votes so far against them , & giving them such favour with the armie , as to draw up the greatest part of the forces about london in battel array against them ; and notwithstanding their partie in the armie , whereof they had made many of themselves colonels , their interest in the militia of westminster , london , southwark , and sir henry vanes two regiments of gathered churches ( who were disgregated and kept their chambers all that day , not one of them appearing in the sield , because their valiant collonel took a clyster pipe into his fundament , instead of a lance into his hand in the day of battel , and durst not hazard a broken pate in the quarrel ; ) and then in a hostlle warlike manner to besiege many of them in whitehall , block up all passages to the house , seise upon their old speaker with his coach , mace , and new general ( without a sword , armie , troop or company ) from whose hands they had freshly received their commissions , turning him back from whence he came ; to charm all the junctoes forces so , as to march away without drawing one sword , or shooting one bullet in their defence , so true , faithful , were they to their good old cause , as well as to their new protectors , as to deem neither of thē worth one bloodie nose . 4. by engaging lambert & his party , notwithstanding all endeavoured & seeming accommodations between them , to seise upon their house , and their provisions of ammunition and victuals in it : to lock up the doors , and keep constant guards upon the stairs to seclude all these their new lords and masters , as they did on may 7 , 9. and afterwards seclude their fellow-members ; and not content herewith , by a printed plea for the army , and declaration of the general council of the army , sitting at wallingford house , which called them in , and thus shamefully not long after turned them out of doors , ( usurping to themselves both a regal authority to call and dissolve parliaments , ( as they repute and stile them ) and a parliamental too , in making and repealing acts of parliament ( as they deem them ) at their pleasure ; ) they not only justifie this their forcible ejectment , seclusion to all the world by lex talionis , even their own abetting , approving , justifying the armies former seclusion of the major part of their fellow members , who were the house , & the whole house of lords , and securing the leading members , when overpowred by them , and appealing to the armies judgements therein : but also put a period to their assemblie : branded , nulled , repealed , declared their last votes , acts , proceedings void to all intents and purposes whatsoever , as if they had never been made ; censured them as imperfect , ineffectual , irregular , unparliamentary , illegal , pernicious , rash , inconsiderate ; branding each other in several printed papers , for traytors , trust-breakers , treacherous , perfidious , faithless , vnrighteous , ambitious , self-seeking usurpers of the soverain power , oppressors of the free people of england , and invaders , betrayers of their liberties & birthrights : thereby declaring the old secluded members , the only honest , faithfull , constant , consciencious men , adhering to their good old cause , oaths , covenant , principles , and the publique interest ; and sir george booth himself to be no traytor , but truer patriot of his country than any of themselves , as dying purefoy openly acknowledged before his death , and others of them confesse in private , since even lambert himself hath done and exceeded that work , they feared he would doe , by dissolving their conventicle , & turning thē out of house & power , which sir george did not design . whether all these strange unparalleld , sudden , unexpected animosities , divisions between themselves ; their uncommissioning , dissolving , cashiering , disofficing one another , ( which i truly predicted to them from scriptures and former providences , in my good old cause truly stated ; my true and perfect narrative , p. 94. 98. and vindication of the old and new secluded members , p. 61 , 62. ) be not the very finger of god himself , the lords own doing , truly marvellous in all our eyes ; yea the very particular judgment menaced by god himself against all such traitors and innovators , as most audaciously and professedly violate , with the highest hand this divine precept , prov. 24 , 21 , 22. my son fear thou the lord and the king , and meddle not with those that are given to change ; for their calamity shall soddenly arise , and who knoweth the ruine of them both ; and a verification of prov. 29. 1 ? if not a divine infliction of the very confusion and punishment denounced by god himself against aegypt of old for their crying sins , isay 19. 2 , 3 &c. i will set the aegyptians against the aegyptians , and they shall fight every one against his brother , and every one against his neighbour , city against city , and kingdom against kingdom : and the spirit of aegypt shall fail in the midst thereof , and i will destroy the counsel thereof . surely the princes of zoan ( the juncto , and armies general council ) are become fools ; the princes of noph are deceived ; they have also seduced egypt , even they that are the stay of the tribes . thereof . the lord hath mingled a spirit of perversities amongst them , & they have caused egypt , ( yea england , ) to erre in every work thereof , as a drunken man staggereth in his vomit ; neither shall there be any work for aegypt , which the head or tayl , branch or root may do ; to defend or establish themselves or their pretended yet unformed free-state . and may not they all then and others too upon the consideration of all the premises , justly cry out with the apostle in an holy admiration , rom. 11. 33. o the depth of the riches both of the wisdom and knowledge of god! how unsearchable are his iudgements , and his wayes past finding out ? 4. whether the juncto and their high court of injusticemen , who had any hand , vote , in the traiterous , perfidious beheading of their late protestant king , the head of the parliament ; dissolving and blowing up the whole house of lords , the majoritie of the commons house , the whole old parliament , kingdom , kingship ; the prince of wales , next heir and successor to the crown ; the rights , privileges , freedom of parliament , the fundamental laws , liberties , government of the nation , and our established protestant religion , against all their oathes , allegiances , trusts , duties , votes , declarations , remonstrances , protestations , vows , solemn leagues , covenants obliging them to the contrarie ; can with any faith , boldness , confidence , pietie , or real devotion appear before the presence of god , angels , men in any of our congregations on the 5 of november , the * joyfull day of our deliverance , from the popish gunpowder treason , publikely celebrated every year ; to render publike thanks to almighty god , and ascribe all honour , glory and praise to his name , for his great and infinite mercy in delivering the king , queen , prince , lords-spiritual and temporal when assembled in the lords house , nov. 5. an. 1605. ( from this plot of malicious , divellish papists , jesuites and seminary priests , who maligning the happiness and prosperity of our realm , church and religion under a protestand king , and its promising continuance to all posterity , in his most hopefull , royal , plentiful progeny , intended to blow them all up suddenly with gunpowder , but were through gods great mercy miraculously delivered from this suddain horrid treason , by a wonderful discovery thereof some few hours before it was to he executed ; ) when as themselves have outstripped them by many degrees in executing , accomplishing far more than what they only intended , but could not effect ; yet reputing themselves protestants , and the eminentest of all saints ? whether they can without the greatest horror of conscience , confusion of face , spirit , consternation of minde , and grief of heart , henceforth presume to appear before the presence of god , or any english protestants at any time , especially on this day , before they have publickly lamented , confessed , repented , and made some open eminent satisfaction , for those transcendent new gunpowder-treasons , far worse than the old of the jesuits and papists , by whom they were acted in this ; especially if they consider gods expostulation with such sinners . ps. 50. 16 , 17. what hast thou to do to declare my statutes , or that thou shouldest take my covenant in thy mouth ? seeing thou hatest instruction , and hast cast my words behind thee . when thou sawest these powder-traycors , thou consentest with them , and hast been partaker with these murderers , and adulterers . and that of rom. 2. 1 , 2 , 3. therefore thou art inexcusable , o man , whoever thou art that judgest : for wherein thou judgest another , thou condemnest thy self : for thou that judgest , dost the same things . but we know that the judgement of god is according to truth , against those who commit such things . and thinkest thou this , o man , that judgest them which do such things , and dost the same , ( nay worse ) that thou shalt escape the judgement of god , & c. ? 5. whether those turn-coat peace-abhorring , self-seeking , shameless members , and lawyers , who ( though not fifty in number ) sitting under a force after the seclusion of the majority of their fellow-members , decemb. 13 1648. resolved , that the vote passed in a full house july 28. 1648. that a treaty should be had in the isle of wight , with the king in person , by a committee appointed by both houses , upon the propositions presented to him at hampton court : was highly dishonorable to the procéedings of parliament , and destructive to the peace of the kingdom . and that the vote of 5. decemb. 1648. ( passed without dividing the house when there were 300 members in it ) that the answers of the king to the proposition of both houses , are a sufficient ground for the house to proceed upon , for the settlement of the peace of the kingdom : is highly dishonorable to the parliament , and destructive to the peace of the kingdom , and tending to the breach of the publick faith of the kingdom . and in their declaration of 15. january 1648. expressing their reasons for annulling and vacating these votes in this manner ; declared them to be highly repugnant to the glory of god , greatly dishonorable to the proceedings of parliament , and apparently destructive to the good of this kingdom : ( adding ) yet we are resolved , and that speedily , so to settle the peace of the kingdom by the authority of parliament , in a more happy way than can be expected from the best of kings ; which they never since performed in the least degree , but the direct contrarie , embroiling us in endless wars , seditions , tumults , successions , revolutions of new-modelled governments , and anti-parliamentary conventicles ever sithence . after that suppressed our kings and kingly government , as the instruments , occasions of tyranny , injustice , oppression , luxury , prodigality and slavery to the commons under them ; together with the whole house of lords , as dangerous , vselesse , dilatory to the procéedings of parliament , &c. in their votes of febr. 6. and declaration of 17 martii 1648. expressing the grounds of their late proceedings , and setling the government in way of a free state . next , prescribed , subscribed an ingagement to be true and faithfull to the commonwealth established by them without a king or house of lords . yet afterwards in their new modelled parliament ( as they reputed it ) april 1657. by their petition and advice , ( as first penned , passed and presented to cromwell for his assent : ) declared the revival of kingship and kingly government , absolutely necessary for composing the distractions , and setling the peace and tranquillity of our nations ; advised , petitioned , and pressed him to accept the name , title , power and soveraign authority of a king , over our three kingdoms , and the dominions thereunto annexed ; voted him to be king thereof , with a constant revenue of no lesse than twelve hundred thousand pounds a year in perpetuity , and five hundred thousand pounds more for 3. years space , out of the peoples exhausted purses , after most of the antient lands and revenues sold , when as they themselves affirmed and published in their declaration of march 17. 1648. p. 19. that the justisiable , legal revenue of the crown under king charls ( besides the customs and some other perquifites , charged with the maintenance of the navie and forts ) fell short of one hundred thousand pounds per annum . this new-augmented revenue for their new king olivers support being above 3. times more than any of our lawful kings ever enjoyed . and when cromwell pretended dissatisfaction in point of conscience , to receive the kingship and kingly government on him ; the very lawyers , members , officers , who drew the declarations and reasons for abolishing kingship , kingly government and house of lords , were the committee appointed to confer with him 3. several times , & draw up reasons to satisfie him , why he might and ought in reason , law , policie , conscience to accept the kingship and kingly title , for his own and the publike safety . which he refusing ( against his desire ) they voted him their royal protector , took an oath to be true and faithfull to him , and to his son richard after him , and to act nothing against their persons or power ; created themselves another house , assumed to themselves the title of lords , and the house of lords , notwithstanding their engagements against is under all their hands . yet soon after dethroned their young protector , nulled all his conventions wherein they sate , with all lordships , knightships , and offices granted by their protectors , as illegal ; revived their anti-parliamentary juncto , after it had layen buried in oblivion above 6 years space , in may last ; and in july following prescribed a new oath and ingagement to all officers , & others who would enjoy the benefit of their knack of indemnity ; to be true , faithful and constant to their common-wealth ( though yet unborn ) without a single person , kingship , or house of lords ? whether such double-minded men , unstable in all their wayes , jam. 1. 8. can ever be deemed chosen instruments ordained of god , to settle the peace , or government of our nations ? whether the prophet isay chap. 59. and the apostle paul , romans 9. 10. &c. have not truly characterized them : there is none righteous , no not one ; there is none that understandeth , there is none that seeketh after god ; they are all gone out of the way , they are all together become unprofitable , there is none that doth good , no not one : their throat is an open sepulcher , with their tongues ( yea oathes , protestations , declarations , covenants ) they have used deceit , the poyson of asps is under their lips : their feet are swift to shed bloud , ( the bloud of their protestant king , peers , brethren , allies , fellow-subjects , by land and sea , at home and abroad , in the field , and in new butcheries of highest injustice , ) destruction and misery are in their wayes , and the way of peace they have not known ; there is no fear of god before their eyes : they have made them crooked pathes , whosoever goeth therein shall not know peace . therefore is judgement far from us , neither doth justice overtake us ; we wait for light , but behold obscurity ; for brightness , but we walk in darkness : we grope for the wall like the blind , as if we had no eyes , we stumble at noon-day , as in the night ; we are in desolate places like dead men : we roar all like bears , and mourn sore like doves ; we look for judgement , but there is none ; for salvation , but it is farr off from us . 6. whether god himself hath not given the anti-parliamentary juncto , and general council of army-officers hitherto , in their jesuitical project of bringing forth a mis-shapen monstrous commonwealth , and whymsical freestate , to establish things amongst us , a miscarrying womb , and dry brests ; so as we may justly say of them as the prophet did of ephraim , hos. 9. 12 , 14 , 15. 16. ephraim is smitten , their root is dryed up , it shall bear no fruit ; yea , though they bring forth , yet will i even slay the beloved fruit of their womb : their glory shall fly away like a bird , from the birth , and from the womb , and from the conception ; as their commonwealth whimsies have done ? whether gods signal over-turning , and forcible dissolving the juncto by the army-officers , twice one after another in the very generation of this jesuitical brat , before it was formed in the womb , to disinherit our antient hereditarie legitimate kings and kingship , and their turning of all things upside down ( our kings , kingdoms , parliaments , lords house , lawes , liberties , oathes , church , religion , to make way for its production ) hath not been like the potters clay , ( a rude deformed chaos , without any lineaments , or shape at all ; ) so as the work yet saith of him that made it , he made me not ; and the thing formed saith of him that formed it , he hath no understanding , isa. 29. 16 ? whether these new babel-builders , whiles they have been building this new city and tower , to keep them from being scattered upon the face of the whole earth , * have not like the old babel-builders , been confounded in their language by god himself , that they might not understand one anothers speech , and scattred abroad thence upon the face of the earth , though guarded by their faithfull army , on whom they relyed for protection , so that they left off to build their babel , like them ? their city of confusiō is broken down , & every house ( yea their own parl. house ) shut up ; in the city is left desolation , and the gate is smitten with destruction . isay 24. 10 , 12. it shall lie waste from generation to generation , none shall passe through it for ever and ever ; but the cormorant & the bittern shall possess it ; the dwl also & the raven shall dwell in it , and he shall stretch out upon it the line of confusion , and the stones of emptiness ? whether their and the armies endeavours to set up an vtopian commonwealth , instead of our old hereditarie kingship , is not a * direct fighting against god , and the express precepts , ordinances of god himself , prov. 24. 1 , 2. c. 22. 28. c. 8. 15 , 16. rom. 13. 1 , 2. 1 tim. 2. 1 , 2 , 3. tit. 3. 1. 1 pet. 2. 13. 17 ? yea against the good providence , mercie , favour of god towards our kingdoms and nations for their establishment ; the want of a lawfull , hereditary king , to reign over a kingdom and nation , and a multiplicity of governors , kings , ( especially of inferiour rank ) and reducing the people to such a confused sad condition ; that they shall call the nobles thereof to the kingdom , but none shall be there , and all her princes shall be nothing ; so that she hath no strong rod left to rule , being a matter of present and future lamentation , a severe judgment of god for their sins , and wickednes , yea an occasion of all wickedness , licentiousness , villanies , confusion , and an immediat forerunner or concomitant of tha kingdoms and nations desolation , ruine by gods own resolution , hos. 3. 4. c. 10. 3. 7. ezech 49. 11 , 12. 14 , isa. 33. 11 , 12 , 13. judges 17. 6 &c. c. 18. 1. &c. c. 21. 25. prov. 28. 2. c. 3021 , 12. hab. 1. 10. 14 , 15. and is it not so now of ours ? 7. whether the late peition and advice 1657. to reduce us again to a kingdom and kingship , to which w. lenthal , mr. speaker , whitlock , & many others of the dissolved juncto assented , as it was first penned , voted , passed by them and many army-officers , as the only means to settle us in peace , honor , safety , prosperitie ; be not a convincing argument , that in their own judgements , conscience ; kings & kingly government , are englands only true interest , to end our wars , oppressions , distractions , prevent our ruine , and restore our pristine unitie , peace , honor , safety , prosperitie , trade , glorie ? and whether it be not a worse than bedlam madness , and grosse error both in policie and expeperience in our republican juncto and army-officers , to endeavour to erect utopian , jesuitical republike among us , ( which hath produced so many sad publique changes , confusions , and made us a meer floating island , tossed about with every winde of giddy-brain innovators ) as the only means of our firm , lasting happinesse ; and to prevent all future relapses to monarchie after king charls his beheading ; which this notable censure of the incomparable philosopher * seneca passed against that great republican and anti royallist , m. brutus , will abundantly refute . cum vir magnus fuerit in aliis , m. brutus , mihi videtur in hâc re vehementer errare , qui aut regis nomen extimuit , cum optimus civitatis status sub rege justo sit : aut ibi speravit libertatem futuram ubi tàm magnum praemium erat , et imperandi et serviendi ; futuramque ibi aequalitatem civilis juris , et staturas suo loco leges , ubi viderat tot millia hominum pugnantia , non ne serviret , sed utri : ( our present condition between the ambitious , usurping antiparliamentary juncto , and divided army-commanders , all contending which of them shall be the greatest , and who shall most oppress , enslave our nations to their tyrannie , farr more exorbitant than the very worst of all our kings ) quantum verò illum , aut rerum natura , aut vrbis suae tenuit oblivio qui uno interempto ( rege ) defuturum credidit alium qui idem vellet ; cum tarquinius esset inventus post tot reges ferro et fulmine occisos ; even in rome it self , and we in england since the beheading of king charles , and voting down kings , kingship , with the old house of lords , and ingagements against them , have soon after found , a more than royal protector oliver , usurping the wardship of our poor infant common-wealth , aspiring after a kingship and crown whiles living ; and crowned in his statue , herse , scutcheons as both king and conquer or of our three kingdomes after his death ; bearing three crowns upon his sword , as an emblem of it : a momentanie protecter richard after him ; a new self created other house , assuming to themselves the title of lords & the house of lords ; after an old lords house suppressed ; since that , a charles fleetwood , and john lambert , aspiring after the soveraign power , as their late and present actions , declarations more than intimate , and dissolved juncto affirm : and an exiled hereditarie king charles , with a numerous royal posteritie after him , claiming the crown and kingship by lawfull indubitable right , declared , ratified by the vnrepealed statutes of 1 jacobi , c. 1. 3 jacobi , c 1 , 2 , 4 , 7 jacobi c. 6. the * oathes of supremacy , allegiance , fealty ; of all mayors , recorders , freemen of every corporation and fraternity , of all justices , judges , sheriffs , officers of justice , graduates in vniversities or innes of court , ministers , incumbents , all members of the commons house of parliament , and all other freemen sworn in our leets ; who by the powerfull assistance of their forein friends and allies , and domestick , oppressed , discontented , divided , ruined subjects , will in all probabilitie be restored to the crown , sooner or later , ( as aurelius ambrosius after the murder of his father and brother by the vsurper vortigerne , ) was called in , restored and crowned king by his own british subjects , to deliver them from vortigerns and his invading saxons tyranny , after 21 years usurpation ; and edward the confessor , called in and crowned king by his nobles and subjects , after 25. years dispossession of his right by the danish vsurpers , and all the danes expelled , without any effusion of blood ; as i have * elsewhere evidenced at large out of our best historians . 8. whether gods extraordinarie sudden treble miraculous overturning 1. of the juncto when best established and most secure , after their victorious successes against the irish , scots , hollanders , worcester-fight , and league with spain by their own general cromwel april 20. 1653. without one drawn sword or drop of bloud , 2. of protector * richard ( and his brother henry too , deputy of irel. ) by his brother fleetwood , unkle disbrow , & other army-officers , after all their oaths , and addresses to him from them and all the officers , soldiers , navy , most counties , corporations in england , scotland , ireland to be true , faithful , loyal , obedient to , and live and die with him , in the midst of his parliament , declaring , voting for , and complying with him ; when most men thought it impossible to overturn or depose him . 3ly , of the revived antiparliamentary juncto , after sir george booths , and all their visible opposites total rout and disappointment , when * themselves and others esteemed them so well rooted , guarded , that there was no hopes nor possibility left of dissipating , dissolving them , or abolishing their usurped regal and parliamental power , even by the very instruments that called them in , and routed their enemies ; be not a real , experimental verification of ezech. 21. 26 , 27. by way of allusion to our own governours and kingdom , thus saith the lord god ; remove the diadem , and take off the crown ; exalt him that is low , and abase him that is high : i will overturn , overturn , overturn it , till he shall come whose right it is , and i will give it him ? 9. whether the late junctoes and army-officers doubling , trebling , quadrupling of our nations monthly taxes , excises , militiaes , grievances , oppressions of all kinds by their usurped power ; their consumption , devastation of all the crown-lands , rents , and standing revenues of the kingdom ; of bishops , dean and chapters lands , and many thousands of delinquents real and personal estates , and greatest part of most mens privat estates , only to make them greater bondslaves to them than ever they were to any kings ; without benefiting or easing them in any kind ; and to murder one another by intestine , unchristian warrs , butcheries : and their monstrous giddiness , intoxication in all their premised councils , new models , and rotations of government , ever since they turned the head of our kingdoms ( which should rule , direct the whole body ) downwards , and the heels uppermost , to animate and steer it , against the course of nature , the rules of law , policie , christianitie : and gods * hedging up all their new by-wayes with thorns , and making a wall cross them , that the people are not able to find their pathes : nor to overtake , nor finde their new lovers they have hitherto followed and sought after , and those mad new whymfies the jesuites infuse into their pates from time to time , to make them and our nation ridiculous to all the world till utterly destroyed : may not justly engage our three distracted nations , and themselves too now , at a total loss ; to resolve and say with the israelites , ( when revolted from their rightfull kings of the house of david in the like case ) hos. 2. 7. i will go and return to my first husband , for then was it better with me than now : and to imitate the israelites in the case of king david when expelled his realm by his usurping son absoloms rebellion , after his rout and slaughter , 2 sam. 19. 9. &c. and all the people were at strife throughout all the tribes of israel , saying ; the king saved us out of the hands of our enemies , and he delivered us out of the hands of the philistins ; and now he is fled out of the land for absolom , and absolom whom we anointed king over us , is dead in battel ( as their pro. oliver , richard and dissolved juncto are in a moment ) now therefore why are ye silent , and speak not a word of bringing back the king to his house : and zadok and abiathar the priests , spake unto the elders of judah saying ; why are ye the last to bring the king back to his house ; seeing ye are his brethren , of his bone and his flesh ? and amasa bowed the heart of all the men of iudah , even as one man , so that they sent this word unto the king ; return thou and all thy servants . so the king returned to jordan ; where all the people of iudah , and half the men of israel met him , and conducted him safe to gilgal ; and the men of judah c●ave unto their king from jordan even to ierusalem ; and re-established him in his kingdom . whether this be not the only safe , true , legal , prudential , christian , speedy and ready high-way to their present and future peace , ease , safety , settlement , wealth , prosperitie , both as men and christians , without any further effusion of christian bloud , expence of treasure ; not other new vertiginous models , army councils , treaties , tending to further confusions ; ( out of which the nobilitie , gentry , ministry , freeholders , citizens , burgesses , merchants , commons , sea-men , parliaments of our 3. nations are totally secluded , like meer cyphers , by the juncto and army-usurpers , as if they were meer aliens , and wholly unconcerned in their own government , settlement , who will never acquiesce in any thing , but what themselves in a free parliament shall resolve on . ) * consider of it , take advice , and speak your minds , without fear , hypocrisie , or partiality . and whether we be not a people marked out and fitted for inevitable destruction ( having all the symptoms , fore-runners of it and sins that hasten it now lying upon us ) if we * brutishly reject this only means of our preservation , and follow the destructive whymsies of those giddy-pated usurping raw stears-men ? of whom we may justly say with the prophet isay 3. 1 , 4 , 12. behold the lord of hosts doth take away from jerusalem and judah the stay and the staff , the honourable man and the counsellor : and i will give children ( in state-affairs and understanding ) to be their princes , and babes shall rule over them . and the people shall be oppressed every one by another , and every one by his neighbour : the child shall be have himself proudly against the ancient ; and the base against the honourable ( as now they doe ; ) o my people , they which lead thee , cause thée to erre , and destroy the way of thy pathes ; and they that are led of them ( in their new jesuitical by-wayes ) are destroyed , by intestine divisions and forein invasions , as in isay 9. 12. to 21. a sad emblem of our present condition , and approaching destruction , worthy our saddest meditations . whether the twice dissolved anti-parliamentary juncto by their own knack of the 12. of october , and paper printed by their special permission and command since their dissolution ; intituled , the parliaments plea ; declaring , resolving , p. 5 , 6 , 7. that the people of england are of right , a frée people , to be governed by their own elected deputies and trustees in parliament ; it being owned on all hands , both by parliament and army , and all the good people engaged with them . that the people under god are the original of all just authority ; and other original and foundation no man may lay . that to deprive or deny the people of this inheritance , is treason , rebellion and apostacy from the good did cause of the english nation ; for as much as a people free by birth , by laws , and by their own prowess , are thereby rendred and made most absolute vassals & slaves , at will & power ; and greater treason than this no man can commit . that to levy money upon the people without their consent in parliament is treason , for which every man that so assesses , collects , or gathers it , is to be indicted for his life , and must dye as a traytor ; not only by their late knack , but by the fundamental good did laws of the land , against which no by-law is to be made : this being a fundamental law , and one of the main birth-rights of england ; that no tax or levy is to be layd upon the people but by their consent in parliament ; be not guilty of the greatest , highest treason , rebellion and apostacy from the good old cause of the english nation , ( and the army-officers too confederating with them ) by depriving and denying the free people to be governed by their own elected representatives & trustees in a free parl. by secluding four parts of five of the knights , citizens , burgesses , & barons of ports out of the long parl. whiles in being dec. 1648. with armed power : by usurping to themselves the royal , parliamentary legislative supream authority over the people , and laying , assessing , levying , intollerable excessive taxes , excises , militiaes upon them , without , yea against their consents and protestations ; and without the consents of the farr greater part of the commons house , the king or house of lords , which they forcibly secluded , suppressed , destroyed , against their fundamental laws , liberties , privileges , birth-rights , protestations , declarations and solemn league and covenant ; by making them most absolute slaves , vassals from 1648. till their dissolution in april 20. 1653. and invading , inslaving , destroying their protestant brethren of scotland , and allies of holland by land and sea , to the undermining , endangering of the protestant religion ; by imposing new oaths and engagements on them diametrically contrary to the oathes of supremacy and allegiance ( which they all solemnly took as members before they entred the house ) and disabling all to sue in any court , or enjoy the benefit or protection of the laws for which they fought , and to which they were born heirs , who refused to take their treasonable , perfidious ingagements ; by securing , imprisoning thousands of freemen , close imprisoning sundry members of the old parliament , ( my self amongst others ) divers years in remote castles , and keeping us from gods publike ordinances , without any accusation , hearing , trial , or legal cause of commitment , expressed in their warrants . by presuming upon the army and officers sodain invitation after the old parliaments dissolution by the kings death , and their above 6. years dissipation by the army , without the election or privity of the people , to sit and act as the parl. and supream power of the nation ; to seclude at least 3. parts of 4. of the old surviving members by force , and proclaiming sir george booth , sir thomas middleton and other members and freemen of england traytors , and levying war against them , only for raising forces to induce them to call in all the old secluded members , or to summon a new free parliament , and for opposing their new illegal taxes , excises , militiaes , imposed and levyed on the people , without their common consent in parl. deserve not to be all indicted , executed , and their estates confiscated as traytors , for these their successive reiterated high treasons by their own resolutions , & sir george & his adherents totally acquitted frō the least imputation or guilt of treason ? whether their branding , sequestring them for traytors , apostates , enemies to the publike against law & conscience too , hath not justly brought that wo & judgment upon their conventicle , isa. 5. 20 , 23 , 24. wo unto them that call evil good , and good evil ; that put darknesse for light , and light for darknesse ; that put bitter for sweet , and sweet for bitter ; and take away the righteousnesse of the righteous from him . therefore as the fire devoureth the stubble , and the flame consumeth the chaff , so their root shall be rottennesse , and their blossom shall go up as dust ; because they have cast away the law of the lord , ( and of the land too ) and despised the name of the holy one of israel . for all this his wrath is not turned away , but his hand is streched out still . whether the anti-parliamentary junctoes and army-officers , beheading of their late protestant king , against the votes , protestations , of the generality of the parliament and his 3. protestant kingdoms , and mediations of all foreign protestant agents then in england ; their banishing , expelling his royal protestant heir , successor to the crown , with all the rest of his children ( professing the reformed religion ) out of all their protestant realms and dominions ; their invading of their protestant brethren in ireland and scotland , in an hostile manner with potent armies , and waging warr against them in their own countries , and after that against their own protestant brethren in england , as professed enemies , traytors , apostates ; slaying divers thousands of them in the field ; imprisoning , banishing , disinheriting , sequestring many thousands more of them , only for owning , crowning , assisting their own hereditary protastant king ( according to their oathes , covenants , lawes , homage , allegeance , duties , and principles of the protestant religion ) to regain and retain his royal authority and kingdoms . their waging of a most bloudy destructive war with our antient protestant allies of holland above 3. years space together , to the slaughter of many thousands of their and our gallantest protestant seamen , admirals , sea-captains , of purpose to banish their own exiled protestant king , his brethren and followers out of the netherlands from the societie and charitable relief of their protestant friends where they lived as exiles , enjoying the free prosession of the reformed religion , and communion , prayers , contributions of the protestant churches ; on purpose to drive them into popish quarters amongst seducing jesuites , priests , papists , to cast them wholly upon their alms , mercy , benevolence , and by these high indignities , and their pressing necessities , to enforce them ( if they can ) to renounce the protestant religion and turn professed papists : their most unhuman , unchristian barbarism , in depriving them totally of all means of subsistance , by seising all their revenues without allowing them one farthingout of them towards their necessary relief ; yet enacting it high treason for any of their protestant subjects , friends , allies within their realms or dominions , to contribute any thing toward their support , to hold the least correspondency with , or make any publique prayers unto god for them : as if they were worse than turks , jews , infidels , and most professed enemies ; for whom we are not only commanded , obliged to pray , but also to love , feed , cloth , relieve , harbor them in their necessities , overcoming their evil with goodness , by christs own example and expressprecepts , under pain of everlasting damnation ; be a conscientious saint-like performance of and obedience to , or not rather an atheistical obstinate , presumptuous rebellion against the 1 tim. 2. 1 , 2 , 3. mat. 5. 44 , 45. c. 22. 21. c. 25. 34 , to 46. luke 6. 35. to 39. c. 10. 30. to 38. c. 23 , 34. acts 7. 60. rom. 10. 13 , 19 , 20 , 21. c. 13. 1 , to 12. c. 15. 26 , 27. 1 cor. 16. 1 , 2. jam. 2. 13. and other sacred texts ? a religious , zealous observation of their * sacred solemn protestations , vows , covenant , remonstrances , declarations , oathes for the maintenance , defence and propagation of the true reformed protestant religion , the profession and professors of it , against the bloudy plots , conspiracies , attempts , practices of the iesuites , and other professed popish enemies and underminers of them ? or not rather a most perfidious , treacherous violation , abjuration , and betraying of them ? a loving of their protestant brethren , with a true heart , fervently , and laying down their lives for them , and being pitiful , mercifull , compassionate towards them , according to these gospel-precepts , eph. 4. 32. c. 5. 1 , 2. 1 pet. 1. 22. c. 2. 17. c. 3. 8. 1 john 3. 11. 14. 33. c. 4. 7 , 11 , 12. 20 , 21. john 13. 34. c. 15. 12. 17. or not rather a shuting up their bowels of compassion towards them ; a grieving , offending , persecuting , murdering of their bodies and souls too ; and an infallible evidence , that they are yet no real saints or children of god , but the very children of the devil , abiding in death , having no true love of god , nor eternal life abiding in them , by christs own resolution , john 8. 44 , 45. 1 john 2. 10. to 18 ? a professed antichristian contradiction to the reiterated command and voice of god from heaven , isay 52. 11. 2 cor. 6. 17. rev. 18. 2 , 3 , 4 , &c. depart ye , depart ye , come ye out of ( mystical , romish babylon , ( the mother of whoredoms , the habitation of devils , and of every foul spirit , and the cage of every unclean and hatefull bird ) o my people that ye be not partakers of her sinnes , and that ye receive not of her plagues : by their forcible driving of their own protestant king , brethren into babylon , and keeping them therein , to have their habitation among devils , foul spirits , & unclean birds of every kind , that so they may participate both in her sins and plagues ; instead of calling thē out from thence into their own protestant dominions and churches ? * verily , if the righteous shall scarcely be saved , where shall these most transcendent , unpresidented , unrighteous , ungodly sinners ( who obey not , but contradict all these gospel texts ) appear ? and what shall their end be ? verily the gospel it self resolves : ( and o that they would with fear and amazement of spirit now seriously consider it ) when the lord jesus shall be revealed from heaven with his mighty angels in flaming fire to take vengeance on them , they shall be punished with everlasting destruction from the presence of the lord , and from the glory of his power , 2 thess. 1. 7 , 8 , 9. * and shall receive judgement without mercy , because they have shewed no mercy , but the utmost extremity of malice and cruelty to the souls and bodies of their protestant king and brethren ? whether the junctoes and armies late proceedings against the king and kingship , were not the direct plot of the spaniolized priests and jesuites , who contrived and promoted it to their power ; as i evidenced in my speech , memento , epistle to my historical collection , my true and perfect narrative , and vindication of the old and new secluded members at large , and shall further clear by this ensuing letter , the original whereof i have twice read , found by mr. sherman a book-seller in little britain , ( in whose hands it is ) amongst the books of mr. patricke carre ( priest to don alonso de cardenas the spanish ambassador ) which he bought of him at this ambassadors house , when he was departing hence upon the breach with spain , 1653. within a year after this letters date , which he soon after shewed to divers gentlemen , one of them ( who took a coppy thereof ) promising to shew it to cromwel himself . the superscription of it is in spanish directed ( as is conceived and the letter imports ) to this patricke carre ( an irish priest and jesuit ) under the name of don pedro garsia : the letter it self is in english , written it seems by some english or irish priest or jesuit , sent as an intelligencer , by the spanish ambassador into holland & france , ( with whom the english were then in hostility ) but the direction for letters to him is in french . in the cloze wherof the jesuitical and spanish party in paris , expected our anti-parliamentary juncto ( whom they stile , our brave parliament , as set up by and acting for them ) should espouse their quarrel and act their parts against the french ; and joyne with the prince of condie , to cut off the king of france his head , & all kings else , as they did the king of englands , by their instigation , such antimonarchists , traytors are these jesuits , and spanish freers to all kings and monarchie . paris , 10. of january , 1652. sir , i was no sooner in holland , then i writ to you , but hearing nothing from you i concluded , either you were very sick , or that you received not my letter ; i came hither in an ill time , for the kingdom is in great disorder , upon the kings recalling the cardinal , against all his declarations . this town ready to declare in favor of the prince and the duke of orleance , who is now treating with the duke of lorrain for his army . if your dull * archduke make no more advantage of this , than of the disorders of the last summer , it 's pity but he were sent to keep sheep . we expect here our brave parliament will not let the game be soon played out : i could wish gallant cromwell and all his army were with the * prince : for i begin to wish all kings had the * same the king of england had : i le say no more untill i hear from you , but that i am your unfeigned friend , t. danielle . i pray remember me to both my cozens . direct your letters a monsieur monsieur canell demurant chez mons : marchant a la rne de pulle . the superscription is thus , viz. a don pedro garsia en casa de embaxador de espanna que * dios garde . en londres 9d . there were many papers and notes written in irish , some concerning the affairs & transactions of the late wars in ireland , found amongst these books , whence i conceive this patrick carre was an irish priest and jesuite ; and that the spaniard had a great hand in that horrid rebellion . from the cloze of this letter let all consider . whether it can be safe for any popish , as well as protestant kings to harbour such jesuitical antimonarchists and regicides in their kingdoms , courts , who thus wish all kings beheaded and brought to justice , as well as the late king of england , by cromwell and his army , or their own subjects ? and how much they ought to detest his president ( of the jesuits contriving ) let them now cordially and timely advise for their own securitie . whether the great swarms of jesuites and popish freers in and about london , by the junctoes , and army-officers tolleration and connivence ( whose jesuitical antimonarchical plots , counsels they have vigorously pursued ) be not the principal contrivers , fomentors of all our changes of government , new sects , opinions , mutinies in and usurpations of the army , ( in whose councils most intelligent protestants have just cause to fear they have been and still are predominant ) there being multitudes of them in and about london , under several masks ; some of them saying masse in their pontificalibus in popish ladies chambers one day ; and speaking to and praying with their soldiers in the army , or in anabaptistical or quaking conventicles the next day , of which there are some late particular instances ; i shall relate one only more general and worthy knowledge . two english gentlemen of quality ( one of them of mine acquaintance ) travelling out of england into france in may 1658. and hiring a vessel for their passage , three strangers ( who came from london ) desired leave to passe over with them ; which they condescending to , suspected one of them at least , to be a jesnit , by his discourse ; and during their stay at paris , saw all three of them there walking often in the streets in their jesuits habits . in august following , they being at angiers in france , there repaired to their lodging an englishman , in his friers weeds , who informed them , that he was an englishman by birth , but a dominiean freet by profession , newly come from salamanca in sapin , and bound for england ; that he had been at rome , where he had left some goods with an irish iesuit , who promised to return monies on them in france , but had failed to doe it ; whereupon he was in present distress for mony to transport him to england , desiring their favour to furnish him with monies , which he would faithfully repay in london , and if they had any letters to send to their friends in england , he would see them safely delivered . the gentlemen finding him to be an excellent scholar of very good parts and education , entertained him 5. or 6. daies at their lodging , till they could furnish him with monies , and upon his account as a freer , had a very good intertainment in the monastery at angiers by the freers thereof : during his stay there they had much discourse with him : he told them he had been formerly a student in kings college in cambridge ; after that at salamanca in spain , for 8. years . being demanded by them , whether there were not many jesuites and freers then in england ? he assured them upon his own knowledge , they had then above five hundred iesuites in london and the suburvs ; and that they had at least four or five iesuites and popish priests in and about london , to every minister we had there . whereupon they demanding of him ; how so many jesuites and priests were there maintained ? he answered , that the iesuites and every order of fréers had their several treasurers in london , who by orders from their provincials furnished them with what ever monies they wanted by bills of exchange returned to them ; that all the jesuites and priests in england were maintained according to their respective qualities ; a lords son , like a lord , and a knights son like a knight ; and if they chanced to meet him in london at their return , though he were now in a poor weed , they should find him in scarlet , or plush , & a better equipage than what he was in . he would not discover his true name to them , but upon discourse on a sudden , he mentioned his cozen howard in england , which made them suspect he was of that family . he told them further ; that though we were very cunning in england , yet the jesuites and priests there were too crafty for us , lurking under so many disguises that they could hardly be discovered : that there was but one way to detect them ; which they being inquisitive to know . he said , it was for those who suspected them to be priests to feign themselves roman catholicks , and upon that account to desire the sacrament from them , which they could not deny to give them ( after confession to them ) being bound thereto by oath , by which means some of them had been betrayed . he further informed them : that himself had been at all the several gathered churches , congregations & sects in london , and that none of them came so near the * papists in their opinions and tenents as the quakers , among whom himself had spoken . this relation one of the gentlemen ( a person of honor and reputation , the other being dead ) hath lately made to me three several times with his own mouth , and will attest it for truth , having related it to sundry others since his return into england . which considered , whether it be not the very high-way to our churches , religions , ministers , nations ruine and destruction to list so many quakers , anabaptists , sectaries , in the army and new militiaes in most counties , where they bear the greatest sway ; and to disarm the presbyterians and orthodox protestants , as the only dangerous persons , and put all their arms into quakers , anabaptists , and sectaries hands ( headed , steered by jesuits , popish priests and freers ) as they have done in glocester , colchester , cheshire , lancashire , and endeavour to doe in other parts , to cut all true protestants throats , and set up popery by the army ( which hath so much advanced it of late years ) before we are aware ? let all true zealous protestants timely , seriously consider , and endeavour speedily to prevent ( and the council of army-officers , with their new committee of safety too , if they have any care of their native country , or protestant religion ) before it be over-late . whether we may not justly fear , that god himself in his retaliating justice , for the junctoes and armies unparalleld exile of their protestant king and royal posterity into popish territories ; and yet permitting such swarms of jesuits , monks and romish vermin to creep in and reside amongst us ; may not give up the dissolved juncto , army , council of officers , soldiers , and their posterities , with our whole three nations , as a prey and spoil to these seducing , dividing , ravening , all-devouring wolves ; yea to the combined forces of our spanish and french popish adversaries , to the utter desolation , extirpation , ruine of our protestant religion , in the midst of our present divisions and distractions , under a just pretext of restoring the exiled royal issue to their hereditary rights , and avenging the manifold indiguities to them and their relations , unless timely and wisely prevented by a prudent , voluntary clozing with , & loyal , christian restoring them , by common consent our selves , upon just , safe , and honourable terms , becoming us both as men , christians , and professors of the reformed religion ? and whether we be not ripe for such a universal desolating judgement as this , if we consider , is . 24. 16 , 17 , 18. c. 33. 1 , 2. c. 59. 1 , to 19. 2 chr. 3. 6. 15 , to 21. mich. 2. 2 , 3 , 4 , 5. ezech. 35. 14 , 15. joel 3. 6 , 7 , 8. or the late and present sufferings of most other protestant churches abroad , not half so treacherous , perfidious , wicked , exercrable as we , who are now become the very monsters of men , the scandal , shame , reproach of christianity , and humanity in the repute of all the world ? whether the juncto and army-officers who have ( like the a hypocritical israelites ) very frequently ordered , celebrated many hypocritical irreligious mock-facts from time to time , to fast for strife , and debate , and to smite with the fist of wickednesse ; never yet observing , practising that fast which god himself requireth , to loose the bands of wickednesse , to undo the heavy burthens , to let the oppressed go free , to breakevery yoke , to deal their bread to the hungry , to bring the poor ( exiled protestant royal issue and their english followers ) that are cast out ( by them ) to their houses , to cover the naked , and not hide their selves from their own flesh : who have hitherto made their publike and private dayes of humiliation , a constant prologue to their ambition , pride , b and rebellious self-exaltation ; their dayes of praying to god , a preface to their preying upon their brethren ; their seeking of god for direction and assistance in their designs , a means to colour and promote the very c works of their father the devil ; their pretended following the secret impulses of the spirit of god , the sole justification of d walking according to the prince of the air , the spirit that now worketh in the children of disobedience : their making , taking of solemn oathes , vowes , protestations , covenants , engagements to be true , faithfull , oonstant , loyal , obedient to their lawfull kings their heirs , successors , superiors , the privileges , rights of parliament our fundamental laws , liberties , religion , &c. a meer engin and diabolical stratagem , more cunningly , boldly , audaciously , perfidiously to betray , undermine , supplaut , subvert them ; have not now just cause to keep many publike , private fasts , and dayes of humiliation , to confesse , bewaile , repent , renounce , and reform these their transcendent-crying , wrath-provoking sins and abominations : together with their e building up of zion ( their new republike , free-state , churches , kingdom of jesus christ ) with blood , and establishing jerusalem with iniquity , f their devising iniquity and working evil upon their beds , and practising it when the morning is light , because it is in the power of their hand , and swords : their coveting ( other mens ) fields , houses , and taking them away by violence ; so they oppresse a man ( yea their protestant king , and thousands more of their protestant brethren ) and his house ; yea a man and his inheritance : for fear they incurre the fatal inevitable woes , evills , judgements , denounced by god , against such crying sinnes , oppressions , violences , to the utter desolation , extirpation of them , their families , yea of our english zion and jerusalem , mic. 2. 1 , to 6. is . 32. 1 , 2. c. 3 , throughout : with that of hab. 2. 7 , 8. shall they not rise up suddenly that shall bite thee , and awake that shall vex thee , and thou shalt be for booties unto them ? because thou hast spoyled many nations , all the remnant of the people shall spoyl thee : because of mens blood , and for the violence of the land , of the city , ( army ) and all that dwell therein ? whether the junctoes and army councils utter subversion of all our fundamental laws ( especially magna charta , c. 29 , 30. the petition of right and all other lawes , statutes which concern the preservation of the lives , free-holds , liberties , properties , franchises of the subjects , the inheritance and succession of the crown , the rights and privileges of parliament ) their ending the last easter term , with very little law , and no conscience at all ; their beginning trinity term with very little conscience ( monopolized in their conscientions speakers brest alone ) without any law at all ; and their holding part only of michaelmas term without any chancery or conscience ( voted by some to be both useless and dangerous ) or any real law in the judgement of understanding lawyers , and breaking it off , without any law or conscience , to the undoing of many poor oppressed clients left without relief ; with their manifold transcendent obstructions , subversions both of law , equity , justice , conscience , property , liberty , in their most arbitrary lawlesse committees of indemnity , and courts of high injustice ; be not a transcendent violation of all their former remonstrances , declarations , votes , protestations , league , covenant ; and a meer jesuitical design ( as i have * elsewhere evidenced ) to work our utter dissolution ( the laws being the only ligaments to unite , and pillar to support our state and kingdom ; whereby not only the regal and parliamental authority , but the peoples security of lands , livings , lives , privileges both in general & particular are preserved , maintained , by the abolishing or alteration whereof , it is impossible but that present confusion will fall upon the whole state , frame of this kingdom and nation : as the statute of 1 iac. c. 2. resolves , and we finde by woful experience ? whether the army council of officers , have not most exemplarily and satisfactorily performed this part of their last printed declaration , 27 octob. 1659. p. 28. we earnestly desire and shall endeavour , that a full and through reformation of the law may be effected ; by their new committee of safeties imperious order sent to mr. dudley short ( a citizen of london ) whom mr. thurlo ( whiles secretary ) committing close prisoner to a m●ssenger several weeks , so as neither his wife nor friends could have any access unto him , upon a meer trepan , and supposed matter of account between him and a scotsman with whom he traded , & enforcing him at last ere released to enter into a bond of 6000 l. with sufficient security for appearing before the council of state , & to go in person into scotl. when ever he should be required , & ordering him to go into scotland soon after ( under pain of forfeiting his 6000 l. bond ) upon his own expence , where after many weeks attendance , and frequent , examinations before the council there , touching this account , the scotsman appeared to be indebted to him above 120l . whereupon he was dismissed thence . for which most unjust vexation , oppression and false imprisonment against the great charter , c. 29. the petition of right , with other acts , and the late statute of 17 caroli , c. 10. for regulating the privy council , ( to mr. shorts great expence , losse of trade , reputation , and his damage of ten thousand pounds , as he declared ) he brought his action at law in the common pleas court , which was set down to be tried at guildhall , the 12. of this november . whereupon mr. thurlo procured an express order from the new committee of safety , wherein they presume to indemnifie him ( by their exorbitant arbitrary power ) against this action of false imprisonment , and to enjoyn the plaintiff both to surcease and release his sute , and never to prosecute it more ; and command his counsel , attorney , sollicitor , the judge himself , and all other officers , not to proceed therein at their utmost peril , upon this ground ; because if this trial should proceed , any others of the late and present council of state might have actions brought against them for illegal commitments and imprisonments : upon this the officers of the count refused to seal his record for the triall , and his attorney and counsel durst not proceed for fear of being layd by the heels . whereupon he complained against this abuse , and moved for a triall in open court , urged these statutes with the statutes of 2 e. 3. c. 2. 20 ▪ e. 3. c. 1 , 2. and the judges oath , that it shall not be commanded by the great seal , nor little seal , to disturb or delay common right ; and though such commandements do come , the justices shall not therefore cease to do right in any point : and that the justices shall not deny nor delay to no man common right by the kings letters , nor none other mans , nor for none other cause . and in case any letters come to them contrary to law they shall do nothing by such letters , and go forth to do the law , notwithstanding such letters : and pressing the judge to doe him right accordingly , and to give him an answer in open court ; yet their order countermanded these statutes and judges oath : so that no man , though never so unjustly committed , oppressed , grieved by the old and new council of state , to his ruine ; shall have any remedy at all against them : since they may thus indemnify each other against all actions commenced . and if they bring an habeas corpus for their enlargement , and be bayled according to law by the judges ; the new gardians of our liberties , preservers of our safety , and thorough reformers of our lawes , ( by extirpating them root and branch ) will even in the very face of the court , as soon as they have put in bayl , in contempt of law and justice command soldiers and their serjeant at arms , by new orders to arrest and carry them to other prisons , as they did mr. nuport and mr. halsey on the 18. of this instant november : notwithstanding they had put in bail of ten thousand pounds a piece for their peaceable deportment : yea if any henceforth move for habeas corporaes they will remove them unto new prisons , or gards of souldiers , or send them into forein parts to prevent their returns and enlargement by our laws ; as some have been newly dealt with , by these new full & through reformers of the laws , whether these very first-fruits of their full and through pretended reformation of our laws , proving so bitter , trampling all law and justice under foot , with greater scorn , contempt , impudence than ever any kings , old council table lords , strafford or canterbury were guilty of : and their leaving not so much as one judge or justice to act under them in any one court of justice at westminster , nor no face of any real or pretended legal authority in england or ireland to execute justice between man and man : and dismounting all those judges , grandees of the law who formerly complyed with them , and acted under them in all their innovations , ( a just reward for their temporizing against their judgements , law and conscience ) their future harvest of our lawes reformation will not probably prove so lawlesse and exorbitant , that the whole english nation ( and army too , if they have not abandonned all humanity , christianity , charity , justice ) will revive this prayer in our antient liturgy , against such a full and through deformation and deformers of our lawes . from all evil and mischief ; from all blindness of heart , from pride , vainglory and hypocrisie , from envy , hatred , and all uncharitableness , good lord deliver us . and exhort their fellow brethren of scotland and ireland in the apostles words , 2 thess. 3. 1 , 2. finally , brethren , pray for us , that the word of the lord ( and good old laws of the land ) may run and have free course , and be glorified ; and that we may be delivered from absurd , ( or unreasonable & wicked men , who thus reform and purge out the laws very bowels ) for all men ( and such reforming saints especially ) have not faith : whatever they professe , who under pretext of a most transcendent reformation and purgation of the gospel and law , would reduce us into the condition of the israelites , 2 chron. 15. 3. now for a long season israel had been without the true god , and without a teaching priest , and without law ? and why so ? the apostle resolves us in direct terms , 1 tim. 1. 4. &c. the end of the law is charity out of a pure heart , and of a good conscience , and of faith unfeined : from which some having swerved have turned aside to vain jangling : desiring to be teachers , ( yea reformers ) of the law , understanding neither what they say , nor what they affirm . but we know that the law is good , if a man use it lawfully ; knowing also that the law is not made for a righteous man ; but for the lawless and disobedient for the ungodly and for sinners . for murderers of fathers and murtherers of mothers , for man-slayers , &c. for men-stealers , for lyars , for perjured persons , & every other thing that is contrary to sound doctrin : and our army-grandees , juncto , and new reformers being such ; would abrogate all lawes , and lawyers too , least they should restrain and punish them for these their capital crimes : forgetting this lesson , that though they null all the laws and courts of justice in westminster-hall , and elsewhere ; yet they shall never abrogate nor escape the law , judgement , execution , justice and vengeance of * god himself , who will render indignation and wrath , tribulation and anguish to every soul of man that doth evil , whether jew or gentile . for as many who have sinned without law , shall also perish without law , and as many as have sinned in the law , shall be judged by the law enough to disswade them from their intended reformation , to reform their own and the armies lawless exorbitances , before they reform our laws , or others far better than themselves . whether all the old conscientious , faithfull , publike spirited , secured , secluded , and re-excluded members , who to the uttermost of their powers opposed , voted , protested against all the late dismal jesuitical powder-treasons , violences , innovations , exorbitances of the dissolved juncto and army , and have h vexed their righteous souls , from day to day , yea i shed rivers of tears from their mournfull eyes , because of these their heinous transgressions against the laws of god and the land , may not with much comfort apply this promise of god to themselves , and their uncharitable brethren , who secluded all , & imprisoned sundry of them . isa. 66. 5 , 6. &c. 26. 11 , 13 , 14. hear the word of the lord , ye that tremble at his word : your brethren that hated you , that cast you out for my name sake , said , let the lord be ( thereby ) glorified , but he shall appear to your joy , and they shall be ashamed . ( by reason of their own double ejection , dissolution in a strange unexpected manner ) a voice of noise from the city ; a voice from the temple ; a voice of the lord that rendreth recompence to his enemies . lord , when thy hand is lifted up , they will not see ; but they shall see , and be ashamed for their envy towards the people ; yea the fire of their enemies ( their very fierie guards and powder-men ) shall devour them . o lord our god , other lords besides thee ( our new supreme lords , powers , protectors of the dissolved junctoes counsel and tother house have had dominion over us , but by thee only will we make mention of thy name : they are dead , they shall not live ; they are deceased , they shall not rise : therfore hast thou visited and destroyed them , and made all their memory to perish : even k so let all thine enemies ( and the publike impenitent , malicious enemies of our churches , kings , kingdoms , parliaments , peoples liberties ) fall and perish , o lord : but let them that love thee ( and the publike peace , welfare , settlement , prosperity of our churches , kings kingdoms , nations ) be as the sun when he goeth forth in his might ; that so the land may have rest forty years together : as the land of israel had , after l the lord had discomfited sisera , and all his chariots , and all his host with the edge of the sword , before barak and deborah , amen . whether the general council of officers and army-saints former and late slandering , false accusing , forcible secluding , the members of the long parliament , as trust-breakers , and the whole house of lords , for whose defence they were raised , waged , commissioned ; and their subsequent dissolving , dissipating with high scorne , their own anti-parliamentary junctoes from whom they received their new commissions , end engaged several times , to yeeld their utmost assistance to them to sit in safety , to be true , faithfull and constant to them , and to live and die in their defence : be a conscientious saint-like performance . 1. of john baptists evangelical injunction to all souldiers , luke 3. 14. do violence to no man , neither accuse any falsly , and be content with your allowance . 2ly . of st. pauls description of a good souldier of jesus christ 2 tim. 2. 3 , 4. thou therefore endure hardness : no man that warreth , intangloth himself with the affairs of this life , that he may please him who hath chosen him to be a souldier . ( not disobey , betray , supplant or destroy him ) 3ly . of pauls and peters expresse commands to all officers , souldiers whatsoever , as well as others , rom. 13. 1 , 2 , &c. let every soul be subject to the higher powers : for there is no power but of god : the powers that be , are ordained of god . whosoever therefore resisteth the power resisteth the ordinance of god : and they that resist , shall receive to themselves damnation , &c. wherefore ye must needs be subject , not only for wrath , but also for conscience sake . tit. 3. 1 , 2. put them in mind to be subject to principalities and powers ; to obey magistrates , to be ready to every good work : to speak evil of no man ; to be gentle , shewing all meekness unto all men . ephes. 6. 5 , 6 , 7. col. 4. 22 , 23 , 24. servants ( & such are all mercenary officers , soldiers , under pay to the old parliament and kingdom ) obey in all things , your masters according to the flesh , in fear and trembling , in singleness of heart , as unto christ , not with eye service , as men-pleasers ; but as the servants of christ doing the will of god from the heart . with good will doing service , as to the lord , and not to men ; for ye serve the lord christ . 1 pet. 2. 13 , to 20. submit your selves to every ordinance of man for the lord sake , whether it be to the king as supreme , or unto governors , as unto those who are sent by him for the punishment of evil doers , and for the praise of them that do well ; for so is the will of god , that with well-doing ye put to silence the ignorance of foolish men . as free , and not using your liberty , as a cloak of maliciousnesse , but as the servants of god . honour all men , ( in lawfull authority ) fear god , honour the king . servants , be subject to your masters with all fear , not only to the good and gentle , but also to the froward . for this is thank-worthy , if a man for conscience toward god endure grief , suffering wrongfully . whether by their former & late rebellions against the king , parl. & all their lawful superiors , and exalting themselves above all their former lords and masters , they have not given christ himself the lye , and falsified his reiterated asseveration , resolution . mat. 10. 24. john 13. 16. c. 15. 10. verily , verily i say unto you , the disciple is not above his master , nor the servant above , or greater than his lord ; neither he that is sent , greater than he that sent him . if ye know these things , happy are ye if ye do them ! and whether they will not prove bitternesse and damnation to them in the latter end ? whether the juncto and army council , upon serious consideration of all the premises and their former miscarriages , have not all cause with penitent hearts and bleeding spirits to cry out and make this old publike confession in the book of common prayer . almighty and most mercifull father , we have erred and strayed from thy wayes like lost sheep . we have followed too much the devices and desires of our own hearts ; we have offended against thy holy laws ; we have left undone those things which we ought to have done , and we have done those things which we ought not to have done , and there is no health nor truth in us . but thou o lord have mercy upon us miserable offendors . and grant that we may hereafter live a godly , righteous , and sober life , to the glory of thy holy name . amen . which if these workers of iniquity shall still refuse to do , as if the lord did neither see nor regard it ; and thereby provoke our 3. nations to cry out with united prayers to god against them ; * help lord , for the godly man ceaseth , for the faithfull fail from among the children of men . o lord god of revenges , o lord god to whom vengeance belongeth , shew thy self ; lift up thy self thou judge of the earth , render a reward to the proud : lord , how long shall the wicked , how long shall the wicked triumph : how long shall they utter hard things , and all the workers of iniquity boast themselves ? they break in pieces thy people , o lord , & afflict thine heritage ; they slay the widow and murder the fatherless ; they gather themselves together against the soul of the righteous , and condemn the innocent bloud . whether they must not then expect that inevitable doom of god himself , ensuing after such practises and prayers , psa. 94. 23. and the lord shall bring upon them their own iniquity , and shall cut them off in their own wickednesse ; yea the lord our god shall cut them off ? * the transgressors shall be destroyed together , the end of the wicked shall be cut off : but the salvation of the righteous is of the lord , he is their strength in the time of troble . and the lord shall help them , and deliver them , he shall deliver them from the wicked , and save them because they trust in him . jer. 36. 3 , 7. it may be they will ( now ) present their supplications before the lord , and return every one from his evil way , that god may forgive their iniquity and their sin ; for great is the anger and the fury that the lord hath pronounced against this people . an exact alphabetical list of the old and new secluded members of the commons house in the long parliament , surviving may 7. 1659. when the dissolved juncto began their new session . baronets , knights and viscounts . lord ancram , sir ralph ashton , sir john barrington , sir thomas barnardiston , sir robert benloes , sir george booth , sir humphry bridges , sir ambrose brown , sir john burgoin , sir roger burgoin , sir henry cholmley , sir john clotworthy , sir john corbet , sir john curson , sir thomas dacres , sir francis drake , sir william drake , sir walter earl , sir charles egerton , sir john evelin of surry , sir john evelin of wiltes , sir john fenweck , sir edmund fowel , sir gilbert gerard , sir harbotle grimston , sir richard haughton , sir john holland , sir anthony irby , sir martin knatchbull , sir john leigh , sir william lewis , sir william lister , sir william litton , sir samuel luke , sir nicholas martyn ; sir thomas middleton , sir robert nappier , sir robert nedham , sir dudly north , sir john northcot , sir richard onslow , sir hugh owen , sir john palgrave , sir philip parker , sir thomas parker , sir edward partridge , sir john pellam , sir william platers , sir nevil poole , sir john pots , sir robert pye , sir francis russel , sir beauchamp saint-john , sir john seymor , sir thomas some , sir william strickland , sir john temple , sir thomas trever , sir humpy tuston , sir william waller , thomas viscount wenman , sir henry worsly , sir richard wynne , sir john young . in all 64. esquiers , gentlemen and lawyers . john alford , arthur ansley , mr. andrews , william ardington , john arundle , mr. ascough , francis bacon , nathaniel bacon , edward bainton , col. john barker , maurice barro , mr. bell , james bence , col. john birch , edward bish , john bowyer , john boyes , major brooks , major general brown , samuel brown , serjant at law , francis buller , john bunkly , hugh buscoen , mr. button , mr. camble , william carrent , col. ceely , james chaloner , mr. clive , commiss. copley , john crew , thomas crompton , mr. crowder , thomas dacre , john dormer , john doyle , mr. drake , robert ellison , mr. erisy , mr. evelin , edward fowel , william foxwist , john francis , james fyennis , nathaniel eyennis , samuel gardiner , francis gerard , thomas gewen , william glanvil , john glynne serjant at law , samuel gott , thomas grove , elias grymes , brampton gurdon , edward harby , col. edward harley , major harley , john hatcher , john haidon , james herbert , john herbert , mr. hobby , thomas hodges , denzel hollis , francis hollis , george horner , edmund hostins , john hungerford , col. hunt , mr. jennings , william jones , george keckwich , richard knighly , col. lassels , henry laurence , col. lee , mr. lewis , col walter long , mr. lowry , col. john loyde , mr. lucas , mr. luckin , john mainard , christopher martin , major gen. edward massey , thomas middleton , thomas moore , william morrice , george mountague , mr. nash , james nelthrop , alderman nixon , mr. north , col. norton , mr. onslow , arthus owen , henry oxinden , mr. packer , mr. peck , henry pellam , william peirpoint , jervase pigot , mr. potter , mr. poole , col. alexander popham , mr. povy , mr. prisly , william prynne , alexander pym , charles pym , mr. rainscraft , mr. ratcliffe , charles rich , col. edward rossiter , mr. scowen , mr. scut , col , robert shapcot , col. shuttleworth , mr. spelman , mr. springats , henry stapleton , robert stanton , edward stephens , john stephens , nathaniel stephens , mr. stockfield , john swinfen , mr. temple , mr. terwit , mr. thistlethwait , mr. thomas , isaac thomas , mr. thynne , mr. tolson , john trever , thomas twisden serjeant at law , mr. vassal , mr. vaughan , thomas waller , mr. west , henry weston , william wheeler , col. whitehead , henry wilkes , captain wingate , mr. winwood , thomas wogan , mr. wray , richard wynne . the total number , 203. besides the house of lords . an alphabetical list of all members of the late dissolved juncto . james ash , alderman atkins , william ayre , mr. baker , col. bennet , col. bingham daniel blagrave , mr. brewster , william cawly , thomas chaloner , mr. cecil the self-degraded earl of salsbury , robert cecil his son , john corbet , henry darley , richard darley , mr. dixwell , john dove , mr. downes , william ellys , mr. feilder , mr. fell , col. charles fleetwood , augustin garland , mr. gold , john goodwin , robert goodwin , john gurdon , mr. hallowes , sir james harrington , col. harvy , sir arthur hasilrig , mr. hayes , mr. herbert the self-degraded earl of pembrook , roger hill , cornelius holland , col. hutchinson , col. ingolsby , philip jones , mr. leachmore , william lenthall speaker , john lenthall his son , john lisle , philip viscont lisle , thomas lister , nicholas love , col. ludlow , henry martyn a prisoner in execution , mr. mayne , sir henry mildmay , gilbert millington , col. herbert morley , lord viscont munson , a prisoner in execution , henry nevil , robert nicholas , michael oldsworth , mr. palmer , alderman pennington , sir gilbert pickering , john pine , edmond prideaux , william purefoy , thomas pury , robert reynolds , col. rich , luke robinson , oliver saint-john , major saloway , mr. say , thomas scot , major general skippon , augustin skinner , mr. smith , walter strickland , col. sydenham , james temple , col. temple , col. thompson , serjant thorpe , john trencher , sir john trevor , sir henry vane , col. waite , mr. wallop , sir thomas walsingham , col. walton , sir peter wentworth , edmond weaver , mr. white , serjeant wilde , sir thomas witherington , sir thomas wroth. the totall sum , — 91. ¶ note , that of these members there entred only 42. into the house at first ; that the rest came in to them by degrees , either to keep their old preferments , gain new , or regain the places they had formerly lost ( especially the lawyers , who notwithstanding their former complyances , are turned quite out of office , and dis-judged ; ) that 8. or more of them , came in by new writs issued in the name of the keepers of the liberties of england , after the kings beheading , and were no members of the long parliament ; that there were never 60. of them together in the house at once whiles they sate : and but 57. on the 11. and 12. of october last upon the great debate between them and the army officers : and some that sate formerly with them ( as the lord fairfax , john cary , and others ) refused to sit with them now , as having not the least colour of law , to sit or act as a parliament . yea , their speaker mr. lenthal , told the officers of the army and members , who came to invite him to sit again , may 6. that he had a soul to save ; and that he was not satisfied in point of law , conscience or prudence that they could sit again : but at last when he considered , he had an estate to save ( as he told another friend ) that over-ballanced all his former objections : and made him , and other members act against their judgements , consciences , and to forget our saviours sad quaeres , mat. 16. 26. what is a man profited if he should gain the whole world and lose his own soul ? or , what shall a man give in exchange for his soul ? finis . errata . page 4. usurpers , read usurpation . page 17. l. 31. read rom. 3. 9 , 10. notes, typically marginal, from the original text notes for div a91165e-320 a prov. 27. 5 , 6. b prov. 28. 23. * tit. 1. 13. c jer. 22. 21. c. 5. 5. ezech. 22. 27. * see a collection of the armies engagements , remonstrances , &c. p. 106 , ●0 145. * animadversions upon the armies remonstrance , nov. 20. 1648. p. 10 , 11 , 12. f see the 2. part of the history of independency . g see the republicans spurious good old cause briefly and truly anatomized . p. 1 , to 6. e 2 thess. 2. 4. b see their declarations and papers of april 20. and august 12. 1653. and true state of the common-wealth of england p. 8 , to 12. * as he did col. overton , okey , and sundry others . g jer. 17. 5. h isay 36. 6. * lu. 19. 27. i isay 2. 4. † jer. 9. 2. &c. k isay 33. 1. jer. 9 , 2 , to 22. m isay 36. 6. ezeck. 49. 6 , 7. n n isay 30. 14. * in prynne the member reconciled to prynne the barrester . a legal vindication against illegal taxes , a true and perfect narrative , p. 24 , to 34. a brief necessary vindication of the old and new secluded members , p. 5. * exact coll. p. 576 , 613. a collection of ordinances , p. 13. 219 , 220 * gal. 6. 7. a see the armies plea and declaration , 27 october . the printed votes , diurnals , and parliaments plea . a exod. 8. 19. psal. 118. 23. * 3 jac. c. 1 , 2. * gen , 11. 3 , to 10. * acts 5. 39. c. 23. 9. * see my true and perfect narrative , p. 92 , 93. * de beneficiis , l. 2. c. 20. * see my concordia discors * see my legal historical vindication , &c. * isay 14. 20. the seed of evil doers shall never be renowned . * ps. 30. 6 , 7. * hos. 2. 6 , 7. * judges 19. 30. * understand ye brutish among the people : o ye fools , when will ye be wise ? ps. 94. 8. * see my concordia discors . * 1 pet. 4. 18 , 19. * jam. 2. 11. * leopold . * condie . * execution he means . * this intimates he was a priest or jesuit who writ it , * see mr. smiths 2. new books against the quakers , and dell , proving them to be papists . a is . 58 3 , to 8. b psa. 66. 7. c john 8 44 , 45. ephes. 5. 19 , 20 , 21. d ephes. 2. 2 , 3. e micah 3. 10. hab. 2. 12. f micah 2. 1 , 2 , 3 , 4 , 5. * my true & perfect narrative , p. 58 , to 64. * rom. 2. 2 , 3 , 8 , 9 , 12. h 2 pet. 2. 7 , 8. i psal. 119. 136 k judges 5. 31. l judges 4 15. * psal. 12. 1 , 2. psal. 94. 1. * ps. 37. 38 , 39. 40. conscientious, serious theological and legal quæres, propounded to the twice-dissipated, self-created anti-parliamentary westminster juncto, and its members... by william prynne ... prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56151 of text r2988 in the english short title catalog (wing p3931). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 133 kb of xml-encoded text transcribed from 29 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56151 wing p3931 estc r2988 12244692 ocm 12244692 56893 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56151) transcribed from: (early english books online ; image set 56893) images scanned from microfilm: (early english books, 1641-1700 ; 875:45) conscientious, serious theological and legal quæres, propounded to the twice-dissipated, self-created anti-parliamentary westminster juncto, and its members... by william prynne ... prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56151 of text r2988 in the english short title catalog (wing p3931). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread [2], 54 p. printed and are to be sold by edward thomas ..., london : 1660. reproduction of original in huntington library. eng great britain -politics and government -1642-1660. a56151 r2988 (wing p3931). civilwar no conscientious, serious theological and legal quæres, propounded to the twice-dissipated, self-created anti-parliamentary westminster juncto, prynne, william 1660 24045 705 0 0 0 0 0 293 f the rate of 293 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2002-04 tcp assigned for keying and markup 2002-05 spi global keyed and coded from proquest page images 2002-06 judith siefring sampled and proofread 2002-06 judith siefring text and markup reviewed and edited 2002-07 pfs batch review (qc) and xml conversion conscientious , serious theological and legal quaeres , propounded to the twice-dissipated , self-created anti-parliamentary westminster iuncto , and its members . to convince them of , humble them for , convert them from their transcendent treasons , rebellions , perjuries , violences , oppressive illegal taxes , excises , militiaes , imposts ; destructive councils , proceedings against their lawfull protestant hereditarie kings , the old dissolved parliament , the whole house of lords , the majoritie of their old secured , secluded , imprisoned fellow members , the counties , cities , boroughs , freemen , commons , church , clergie of england , their protestant brethren , allies ; contrary to all their oathes , protestations , vowes , leagues , covenants , allegiance , remonstrances , declarations , ordinances , promises , obligations to them , the fundamental laws , liberties of the land ; and principles of the true protestant religion ; and to perswade them now at last to hearken to and embrace such counsels , as tend to publike unitie , safetie , peace , settlement , and their own salvation . by william prynne esq a bencher of lincolns inne . the second edition , corrected and enlarged . levit. 19.17 . thou shalt not hate thy brother in thy heart , thou shalt in any wise rebuke thy neighbour , and not suffer sin upon him ; or bear not sin for him . 1 tim. 5.20 . them that sinne openly , rebuke before all , that others may fear . prov. 9.8 , 9. rebuke a wise man , and he will love thee ; give instruction to a wise man , and he will yet be wiser . jude 11 , 12. wo to them , for they have gone in the way of kain , and perished in the gainsaying of core . they are trees whose fruit is withered , twice dead , plucked up by the roots . london printed , and are to be sold by edward thomas at the adam and eve in little britain , 1660. conscientious , serious theological and legal quaerés , &c. the wisest of men , and god only wise , informs all sons of wisdom capable of instruction ; that a open rebuke , is better than secret love ; because faithfull are the wounds of a friend , but the kisses of an enemy are deceitfull : whence b he that rebuketh a man , for his exorbitant transgressions , af●erwards shall finde more favour , than he that flattereth with the tongue ; by extenuating , excusing or justifying his offences . upon ●his consideration , i reputed it both a seasonable and christian duty incumbent on me in this day of the late anti-parliamentary iunctoes dissipation , humiliation , confusion , and army-officers division amongst themselves , to reminde them fully of , and * rebuke them plainly , sharply , for their manifold treasons , perjuries , and other exorbitant offences against their lawfull protestant kings , kingdom , the late dissolved parliament , the whole house of lords , the majoritie of their fellow-members , the whole english nation , church , ministrie , their protestant brethren , and allies , against all their sacred and civil obligations to them , in a serious , impartial , convincing , least-offensive manner , by way of q●aeres drawn from gods word , and plain sacred scripture-texts , and our known laws , which they have most presumptuously trodden under foot , and c would not hearken to , in the daies of their late self-exaltation and prosperity , like their predecessors of old among the jews : when i minded and reminded them over and over , not only in my speech , memento , collections of our antient parliaments , and other publications in the years 1648 , 1649. in my epistle to , and first part of my historical collections , and legal vindication , 1655. my republicans spurious good old cause briefly and truly anatomized ; my true and perfect narrative , and concordia discors in may , and iune last , and brief necessa●y vindication of the old and n●w secluded members , in s●ptember●ollowing ; ( wherein i truly predict●d their former and present dissolutions by those very army officers with whom they confederated ) which they would n●t cr●dit , till dissolved by them ; being in good hopes , that they ●ill now at last hear counsel and receive instruction , tha● they may be wise in their latter end , as god himself adviseth them , prov. 19.20 . 1. wheth●r their speaker mr. lenthall and those confederate members of the commons house , who against their duties , upon pretext of the unarmed london appren●ices tumult at the house in iuly 1647. ( though they secured , secluded no m●mber● , but only kept them in the house , till they had read , answered their petitio● , and then quietly depa●ted ) went away privily to the army , by the invitation , instigation of some swaying a●my officers , without the leave or privity of the house ; brought up the whole army to westminster and london to conduct them in triumph to the hous● , caused them to * impeach , declare against , suspend , imprison sundry members of both houses ; nulled all votes , orders , ordinances , proceedings in their absence , by reason of a pretended force upon the house by the apprentices during that space , and declared them meerly void to all int●nts , by the speakers declaration , and an ordinance of ●0 . aug. 1647 when as there was no force at all upon the houses during that time , and these members might have freely , safely returned to the house alone , had they listed , without the army , or any one troop to guard them : and afterwards mutinied and brought up part of the army again to westminster , to * force the houses to passe the vo●es for no more addresses to the king , ( contrived in a general council of army-officers , and seconded with their declaration when passed by force and surprize in an emptie house . ) after that most traiterously and perfidiously f confederated with the army officers to break off the last treatie with the king in the isle of wight ; to seise the kings person by a party of the armie , & remove him thence against both houses orders , notwithstanding his large concessions & consent to their propositions : to secure , seclude all the members of the commons house , who after many daies and one whole nights debate , passed this vote according to their judgements , consciences , duties ( carried without dividing the house , notwi●hstanding the a●mies march to westminster , and menaces to prevent it ) that the answers of the king to the propositions of both houses , were a ground for the house to proceed upon for the settlement of the peace of the kingdom : which vote of the whole house , when there were above 300 members present , about 40 of them only soon after repealed , expunged , ( the manner of carrying on of which design against the king & members , was concluded by a committee at windsor consisting of 4. a●my offi●ers , wherof col. harrison ( their chair-man , and a member ) and col. rich were two ; 4. members of the commons house , wherof cornelius holland yet living was one , the 3. others since dead , 4. independents , and 4. anabaptists of london : wherein a list was made by them what members should be secluded , secured , and who admitted to sit ; this committee resolving to dissolve both houses by force , and to try , condemn , execute the king by a council of war , g if they could not get 40 of the commons house to sit and bring him to justice , as iohn lilburn one of that committee hath published in print ; ) approved , abbetted the armies forcible , treasonable securing of many members , secluded the majoritie of the house by their vote of ian. 11. 1648. upon the armie-officers false and scandalous printed answer to them , ian. 3. touching the grounds of their securing and secluding them , contrary to their protestation , covenant , the privileges , rights of parliament , the great charter , the fundamental laws and liberties of the nation ; and not content therewith , by their own anti-parliamentary , anti-christian usurpation , to out act the old g●npowder traytors many degrees , by the armies assistance , and opposing , advancing themselves against all that is called god and worshiped , they most traiterously set aside , voted down , suppressed the whole house of lords , as dangerous , uselesse , tyrannical , unnecessary ; usurped , engrossed the ●●ile , power o●the parliament of england , and supreme authority of the nation , to themselves alone , without king , lords , or majo●ity of their fellow secluded members ; created a new monstrous high court of iustice , ( destructive to all our fundamental laws , liberties and justice it self ) wherein ( beyond all presidents since the creation ) they most presumptuously condemned , murdered , beheaded their own lawfull hereditarie protestant king ( against all their former oathes , protestations , vows , covenants , remonstrances , declarations , obligations , allegiance , the laws of the land , the principl●s of the protestant religion , and dissenting votes , protestations , disswasions of the secluded lords , commons , scots , commissioners , london ministers ; the intercessions of forein states and our 3. whole kingdoms , ) together with 3. protestant peers soon after : after that , close imprisoned my self , sir william waller , sir william lewes , major general brown , with sundry other members divers years in remote castles , without any hearing , examination , cause expressed , or the least reparation for this unjust oppression ; exercising far greater tyranny over the peers , their old fellow members , and all english freemen , during the time of their regality in every kind , than the beheaded king or the worst of his predecessors ; were not by a most just , divine retaliation a●d providence ( when they deemed themselves most secure and established ) even for these their transcendent treasons , perjuries , tyrannies , violations of the rights , privileget of parliament , their own sacred oaths , protestation , league , covenant , suddenly dissolved , dissipated , thrust out of doors , apr. 20. 1653. by cromwel and the army officers in a forcible shamefull manner , with whom they confederated all along , though they received new commissions from , & engaged to be true & ●aithful to thē without ● king or house of lords , and branded by them to posterity in their printed declaration , b apr. 20. 1653. as the curruptest , and worst of men ; intollerably oppressing the people , carrying on their own ambitious designes , to perpetu●te themselves in the parliamentarie and supreme authoritie , the archest trust breakers , apostates , never answering the ends which god , his people , and the whole nation expected from them , &c. col. harrison himself ( the chairman at windsor committee to secure us ) being the very person imploied by cromwell to pull their speaker lenthall out of the chair , and turn him with his companions out of doors ; cromwell himself then stigmatizing sir henry vanes , henry martyn , tom ch●lloner and others of them by name , with the titles of knave , whoremaster , drunkard , &c. and not long after to requite his good services , he suddenly turned col. harri●on , rich , and their party out of the commons house by force , dissolved their anti-parliamentary conventicle ( elected only by the army ) de● . 11. 1653. whiles they were seeking god for direction ; and soon after cashiered both these * collonels , ( his former greatest instruments ) out of the army , sent them close prisoners to remote castles garded with army troops ; and as they and their troops when they seized major general brown , with other members besides , and conducting them to windsor castle , & other prisons , refused to acquaint them whether they were to be sent : so mr. iess●p the clerk of their council of state , ( who brought these colonels to the coach at whitehall garden door , when they were conveyed to remote castles ) and their conductors , denied to inform them to what places they w●re committed ; whereupon they cried out to the troopers which garded them ; gentlemen , is this the liberty you and we have fought for , to be sent close prisoners to rem●te garrisons from our wives and families , they will not tell us whether ? will you suffer your own collonels , officers , who have fought for laws , liberties , & have been members of parl● to be thus used● to which they answered , as themselves did in the like case to other secured members , conducted by them : we are commanded , and must obey , not dispute our orders ; and so were hurried away : a● an eye and ear-witnes● of the old parliament , related to me within one hour af●er . yea young sir hen. va● himself ( the bold prejudger of our deba●es and vote in the house touching the kings concessions , if not a promoter of our unjust seclusion ●or it ) was unexpectedly & suddenly , not only thrust ou● from all his imployments , as well a● out of the h●use , bu● sent close prisoner by cromwel to cari●brook ●astle in the isl● of wight , the very place where he betrayed his trust to the king and parli●ment at the treaty , to gratify cromwel , who by an extraordinary strange providence , sent him clo●e prisoner thither for sundry months , to * medi●ate upon this divine retaliation . whether may not all this dissolved iuncto and it● members , from these wonder●ul judgement● , providence● , now conclude and cry out with that h●athen cruel tyrant adonibezeck . judg. 1.7 . a● i have done● so god hath requited me ? and acknowledge the truth of gods comminations against all treacherous betrayers & potent oppressor● of their brethren , obad. 15. as thou hast ●one , it shall be don● unto thee , thy r●ward shall return upon thine own head . ps. 7.15 , 16. he made a pit and digged it , and is fallen into the ditch which be made ; his mischief shall return upon his own ●ead , and his violent dealing upon his ow● pa●e . rev. 13.9 , 10●if any man ha●e an ear to ●ear , let him hea● ; he that leadeth into cap●ivity , shall go into captivity : he that killeth with the sword shall be killed with the sword . here is the patience , and faith of the s●ints . o that all real and pretended saint● in the dissolved juncto and army would now consider and believe it : as ● l●tely pressed them to do , in the cloze of my good old cause truly sta●ed , and the false vncased ; yet they would not regard it . whether their illegal forcible wresting the militia of the kingdom totally out of the king● hands into their own ; as their only security to sit in safety ; and perjurious engaging all officer● , soldiers of the armie in england , scotland , and ireland , to be true , faithful and constant is them without a king , or house of lords ( by subscription● in parchmen● roll● r●turned to them under all their hand● ) contrary to their former votes , declarati●ns● remonstrances , protestations , oath● , vows , covenants , trust● , yea the very writs , returns which made them members , their own souldier● , army-officers first commission● , declaration● , r●monstrance● , propos●l● ; and depending on thi● g arme of fles● , or broken h reed of aegypt , as a most sure invine●ble gu●rd , security , from all forces , and enemies wha●soever that might assault , dishouse , dethrone them from their usurped supreme regal and parliamental authority over the three nations , and their hereditary king● , * whom they would not have to reign over them ; hath not been most ●xemplarily and eminently requited by god● avenging providence , in making the very self-same army most treacherou● and perfidious to themselves , to rise up , rebel against them several times , and turn them out of hous● , power on a sudden when they deemed them●elves most secur● ; to make themselves more than kings and lord● over th●m and our whole 3 kingdom● ; and i an host of the high ones that are on high upon the earth : reviving that att●xie , which solomon complained of as a great error in government , and a divine judgement upon the author● of state innovation● . eccles. 10.6 , 7 , 8 , 9. folly is se● in great dignity , and t●e ri●h sit in l●w place● i have see● servants ●n ●orseback , and princes walking ●s servants upon the earth . he that diggeth a pit shall fall into it , and who so breaketh a beged a serpent shall bite him : whosoe●er removeth stones shall be hurt therewith , ●nd ●e that cle●veth wood shall be endangered t●ereby● whether that curse and judge●●nt , jer. 17 . 5● 6 thus , saith the lord , cursed ●e the man that tru●teth i● man , and maketh flesh his arm , and whose heart departet● from the lord ; for he shall be like the heath in the desar● , and shall not see when good cometh ; but shall inherit the parc●ed places in the wild●rnesse , a salt land , and not inh●bited● hath not justly b●f●ll●n them & our nation , ●or relying on & trusting to an ●rm of flesh , an army & * assembly of tr●acherous men , whom themselves t●ught , encouraged to be treacherou● , per●urious to the king , parl. lords , their fellow●memb●r●● and k thereby to themselves ; yet voted , cried them up for their fait●full army , savi●u●● , delivere●● , pro●ect●●● , shields , and ●o●ly safegua●d , after they had dealt ●rea●●erously with themselves , and all their other sup●rior● ; and proved like l aegypt to the israelites who trusted on them : when they ●ook ●old of thee by the hand , thou didd●st break and pierce throug● the hand● and rent all their shoulders , and when they leaned upon thee , th●u breakest and madest all their loins to be at a stand ; ye● , dissolved , and m broke them in pieces like a po●ters ves●el , so that there shall not be found in the bursting of it , a s●eard to take fire from the hearth , or water ou● o● the pit . and may we not then t●ke up thi● song of the lamb ? rev. 15.3 , 4. great and marvellous are thy work● lord god almighty ; iust and true are thy wayes thou king of saints ; who shall not fear thee , ô lord , and glorifie thy name , for thy iudgements are made manifest ? whether their clandestine , sudden , indirect stealing into the commons house again , may 7. 1659. upon the army-officer● invitation and declaration , ( who formerly tu●ned them ●ut of it with high●st infamie , contempt and defam●tion april 20. 1653. ) after about 6. year● dissolu●●on , ●nd 4. intervenient vnparliamentary conventicle● , ( wherein many of them sat as members , and acted as in parliament● ) by pretext of their old wri●● and elections as m●mber● of the long parliament , ●ctually and legally dissolved by their traiterou● beheading of the king near 11. years before , as i have * elsewhere proved ; without any new writs of summon● , resum●ons , electio●s , or the privitie of their ●or●er ele●tors or fellow members : their forcible s●cluding of my self , sir george ●ooth , mr. ansly , all formerly s●cluded member●● and others not fitting with them from 1648. till april 20. 1653. by army-officers and guards of souldiers placed at the door ●or that end , and their justifi●●tion , and ●ontinuing of this new seclu●ion as w●ll ●s t●e old : their usurping to themselves the title , power of the parliament of the 〈◊〉 of england , scotland a●d●●eland , and supreme authority of the nation . their ex●rcisin● both the highest regal , parliamental , legislative , tax-imposing authority over our nation● , ( the worst , highest of all other treas●●●s ) their ●r●ating new unheard of treas●●● , exile● by thei● 〈◊〉 proclamations , imposing n●w intollerable tax●●● excises , mill●●a●● on the whole nation , against all laws , and our fundamental liberties , franchis●● . their mo●t injurious , illegal , unpresidented proclaming of sir george booth , sir thomas middleton , with other old and new ●ecluded members of the long parliament , and all their adherents , traytors , enemies to the common-wealth , and apostates , not only i● all counties and corporation● , bu● churches and chapels too throughout the nation , to abuse both god and men , only for raising forces by virtue of ordinances and commissions granted ●hem by the long parliament ( which themselves pretended to b● still continuing ) to defend the rights and privilege● of parliament , to call in all the surviving members of both houses to sit with them , or procure a free and full parl. duly summoned , according to the protestation , vow , league , covenant , and laws of the land , being their own and the whole nations birthright , for defence whereof the army it sel● was both raised , continued , and themselves in their proclamation of may 7. 1659. and declaration of march 17. 1648 promised inviolably to maintain ; which their own consciences knew to be no crime nor treason at all , but an honest , legal , honorable , necessary undertaking , justified by all their former votes , orders , ordinances , commissions for raising force● against the king● party for the self-same end : and themselves greater traitors , enemies to the kingdom and republike , than strafford , canterbu●y , or the beheaded king , in proclaiming their defence of this undo●bted inheritance of all english freemen against their tyrannical usurpations thereo● , to be treason and apostacy : their sending out of major gen. lambert , ( who invited them into the house may 6. conducted them into it , but secluded sir g. booth & other members out of it , may 7. took a new commission from them afterward● in the house , and promised with many large expressions , ●o be true , faithfull , constant , and yield his u●most assistance to them , to set in safety and support their power ) with great forces against sir george booth and all his adherents in this cause , being the majority of the old parl. and of the people of the nation , & the true old parliament if continuing , ●o levie actual war against them ; declared * high treason by sundrie votes and former declarations , and so resolved by themselves in their impeachments against the beheaded king , the e. of holland , l. capel , other● , and late pamphlets against the army ; who accordingly levied war against them● routed their forces , reduced their garison● , imprisoned their persons , sequestred , confiscated their estates as traitors ; secured , disarmed sir will. waller , mr. holles , with sundrie other old members , promised rewards for bringing in the persons or heads of others they endeavoured to secure , against all rules of law , and christianitie ; kept a publike humiliation for their good successe against sir george booth and his adherents , and after their defeat a publike thanksgiving through westminster and london , to mock god himself ( * who will not be mocked ) to his very face , and ordained a publike thansgiving throughout the whole nation , to abuse both god and them , for their great deliverance from the most dangerous plot and treason of sir george booth , and his party ; ( to bring in all the old members to sit with them , without turning those then sitting out , or to procure a free parliament , ) that so their anti-parliamentary conventicle , by this pretext , might exercise a perpetual tyrannie , and parliamental authority over them ; and none thenceforth dare demand a full and free parliament for the future , under pain of highest treason , apostacie , and the losse of their very heads and estates . whether all these their transcendent high treasons , with their former 1648. against the k. secluded members , lords , parliament , people , were not by a most signal miraculous providence and justice of god himself recompenced immediately after upon their own , lamber●s , and other armie-officers head● , by making their rou●iing of sir george booth and his party , after their first thanksgiving for it , before the next day of general thanksgiving came , the very occasion of their sudden unexpected dissolution : 1. [ by over-elevating lamberts , his officers and brigades spirits , ( notwithstanding the signal marks and rewards of their favours towards them , for the present , and future promises of advancement for their fidelity to them in this service ) to enter into contestations with them by their petition and representations . 2ly . by raising the differences and jealousies between them to such a height and open enmitie , notwithstanding all their large votes & compliances to satisfie them , all means , mediations of friends , and the londoners publike feast on their thanksgiving day , to reconcile them ; as to incense the juncto to vote major harrison ( a chief agent , chairman for the old members first seclusion ) uncapable of any publike trust or office : a to vote lambert , disbrow , creed , and 6. more field officers out of their commands , null their commissions , and dispose of their regiments to the next officers , without any hearing or examination ; if not threatning to commit lambert to the tower as a traytor ; to repeal fleetwoods commission and knack to be lieutenant general of their forces in england and scotland ; and put the command of the army and new militia under 7. commissioners , to wrest the power of them both into their own hands . 3ly . by exasperating lambert and his confederates by these votes so far against them , & giving them such favour with the armie , as to draw up the greatest part of the forces about london in battel array against them ; and notwithstanding their partie in the armie , whereof they had made many of themselves colonels , their interest in the militia of westminster , london , southwark , and sir henry vanes two regiments of gathered churches ( who were disgregated and kept their chambers all that day , not one of them appearing in the field , because their valiant collonel took a clyster pipe into his fundament , instead of a lance into his hand in the day of battel , and durst not hazard a broken pate in the quarrel ; ) and then in a hostile warlike manner to besiege many of them in whitehall , block up all passages to the house , seise upon their old speaker with his coach , mace , and new general ( without a sword , armie , troop or company ) from whose hands they had freshly received their commissions , turning him back from whence he came ; to charm all the junctoes forces so , as to march away without drawing one sword , or shooting one bullet in their defence , so true , faithful , were they to their good old cause , as well as to their new protectors , as to deem neither of them worth one bloodie nose . 4. by engaging lamber● and his party , notwithstanding all endeavoured and seeming accommodations be●ween them , to seise upon their house , and their provisions of ammunition and victuals in it : to lock up the doors , and keep constant guards upon the stairs to seclude all these their new lords and masters , as they did on may 7 , 9. & afterwards seclude their fellow-members ; and not content herewith , by a printed plea for the army , and declaration of the ge●eral council of the army , sitting at wallingford house , which called them in , and thus shamefully not long after turned them out of doors , ( usurping to themselves both a regal authority to call and dissolve parliaments , ( as they ●epute and stile them ) and a parliamental too , in making and repealing acts of parliament ( as they deem them ) at their pleasure ; ) they not only justi●ie this their forcible ejectment , seclusion to all the world by lex talionis , even their own abetting , approving , justifying , the armies former seclusion of the major part of thei● fellow members , who were the house , and the whole house of lords , and securing the leading members , when over powred by them , and appealing to the armies judgements therein : but also put a period to their assemblie : branded , ●●lled , repealed , declared their last votes , acts● proceedings void to all intents & purposes whatsoever , ●s if they had never been made ; censured them as imperfect , ineffectual , irregular , ●nparliamentary , illegal , pernicious , r●sh , inconsiderate ; branding each other in several printed papers , for traytors , trust-breakers , treacherous , perfidious , f●ithless , vurighteous , ambitious , self-seeking usurpers of the soverain power , oppr●ssors of the free people of england , & invaders , betrayers of their liberties & birthrights : the●eby declaring the old secluded member , the only honest , faithful , constant , consciencious men , adhering to their good old ●ause , oaths , covenant , principles , and the publique interest ; & sir george booth himself to be no traytor , but truer patriot of his country than any of themselve● , as dying pure●oy , openly acknowledged before his death , and others of them confesse in private , since even lambert himself hath done and exceeded that work , they feared he would doe , by dissolving their conventicle , and turning them out of house and power , which sir george did not design . whether all these strange , unparalleld , sudden , unexpected animosities , divisions between themselves ; their uncommissioning , dissolving , cashiering , disofficing one another , ( which i truly predicted to them from scriptures , and former providences , in my good old cause truly stated ; my true and perfect narrative , p. 94.98 . and vindication of the old and new secluded members , p. 61 , 62. ) be not the very finger of god himself , a the lords own doing , truly marvellous in all our eyes ; yea the very particular judgement menaced by god himself against all such traitors and innovators , as most audaciously and professedly violate with the highest hand this divine precept , prov. 24 . 21● 22. my son fear thou the lord and the king , and meddle not with those that are given to change ; for their calamity shall suddenly arise , and who knoweth the ruine of them both : and a verification of prov. 29.1 ? if not a divine infliction of the very confusion and punishment denounced by god himself against aegyp● of old for their crying sins , isay 19.2 , 3 , &c. i will set the aegyptians against the aegyptians , and they shall fight every one against his brother , and every one against his neighbour , city against city , and kingdom against kingdom : a●d the spirit of aegypt shall fail in the midst thereof , and i will destroy the counsel thereof . surely the princes of zoan ( the juncto and armies general council ) are become fools , the princes of noph are deceived ; they have also seduced egypt , even they that are the stay of the tribes thereof . the lord hath mingled a spirit of ●ervers●ties amongst them , & they have caused egypt ( yea england ) to erre in every work thereof , as a drunken man staggereth in his vomit● neither shall there be any work ●or aegypt , which the head or toyl , branch or root may do● to defend or establish themselves or their pretended yet un●●●med free-state . and may not they all then and others 〈◊〉 the consideration of all the promises , justly cry 〈◊〉 with the apostle in an holy admiration . rom. 11.33 . o the depth of the riches b●●● of the wisdom and knowledge of god● how unsearcheable are his iudgements , and his wayes part finding out . 4. whether the juncto and their high court of inj●stice-men , who had any hand , vote in the traiterous , perfidious beheading of their late protestant king , the head of the parliament ; dissolving and blowing up the whole house of lords , the majority of the commons house , the whole old parl●●ment , kingdom , kingsh●p ; the prince of wales next heir and successor to the crow● ; the rights , privileges , freedom of parliament , the fundamental laws , liberties , government of the nation , and our established protestant religion , against all their oathes , allegiances , trusts , duties , votes , declarations , remonstrances , protestations , vows , solemn leagues , covenants obliging them to the contrary ; can with any faith , boldness , confidence , piety , or real devotion appear before the presence of god , angels , men in any of our congregations on the 5. of november , the * joyful day of our deliverance , from the popist● gunpowder treason● publikely celebrated every year ; to render publike thanks to almighty god , and ascribe all honour , glory and praise to his name , for hi● great and infinite mercy in delivering the king , queen , prince , lords spiritual and temporal when assembled in the lords house , nov. 5. an. 1650. ( from this plot of malicious , devillish papists , iesuites & seminary priests , who maligning the happiness and prosperity of our realm , church and religion under a protestant king , and its promising contin●ance to all posterity , in his most hopeful , royal , plentiful progeny , intend●d to blow them all up suddenly with gunpowder , but were ●hrough gods great mercy miraculously delivered from this suddain bo●rid treason , by a wo●derful discovery thereof some few hours before it was to be executed● ) when as themselves have outstripped them by many degrees in executing , accomplishing far more than what they only intended , but could not effect ; yet repute themselves protestants , and the emineniest of all saints ? whether they can without the 〈◊〉 est horror of conscience , confusion of face , spirit , ●●●●sternation of mind , and grief of heare , henceforth ●●●sume to appear before the presence of god , or any english protestant●●t any time , especially on this day , before they have publickly lamented , confessed , repented , and made some open eminent satisfaction , for those transcend●nt new gunpowder-treasons , far worse than the old of the iesuits and papists , by whom they were acted in this ; especially if they consider gods expostulation with such sinners . ps. 50.16 , 17. what hast thou to do to declare my statutes , or that thou shouldest take my covenant in thy mouth ? seeing thou hatest instruction , and hast cast my words behind thee . when thou s●west these powder traytors , thou consentest with them , and hast been partaker with these murderers , and adulterers . and that of rom. 2.1 , 2 , 3. therefore thou art inexcusable , o man , whoever thou art that judgest : for wherein thou judgest another , thou condemnest thy self : for thou that judgest , dost the same things . but we know that the judgement of god is according to tru●h against th●se who commit such things . and thinkest thou this , o man , that judgest them which do such things , and dost the same , ( nay worse ) that thou shalt escape the judgement of god , & c ? 5. whether those turn coat peace-abhorring , self-seeking , shameless members , and lawyer● , who ( though not fifty in number ) sitting under a force a●ter the seclusion of the majority of their ●ellow-members , decemb. 13. 1648. resolved , that the vote passed in a full house iuly 28 1648. that a treaty should be had in the isle of wight , with the king in person , by a committee appointed by both houses , upon the propositions presented to him at hampton court : was highly dishonorable to the procéedings of parliament , and destructive to the peace of the kingdom . and that the vote of 5. d●cemb . 1648. ( passed without dividing the house when there were 300 members in it ) that the answers of the king ●o the proposition of both houses , are a sufficient g●●und for the house to proceed upon , * for the settlement of the peace of the kingdom : is highly dishonorable to the parliament , and destructive to the peace of the kingdom , and tending to the breach of the publick faith of the kingdom . and in their declaration of 15. ianuary 1648. expressing their reasons for annulling and vac●ting these votes in this manner ; declared them to be ●ig●ly repugnant to the glory of god , greatly dishonorable to the proceedings of parliamen● , and apparently destructive to the good of this kingdom : ( adding ) yet we are resolved , and that speedily , so to settle the peace of the kingdom by the authority of parliament● in a more happy way than can be expected from the best of kings ; which they never since performed in the least degree , but the direct contrarie , embroiling us in endless wars , seditions , tumults , successions , revolutions of new-modelled governments , & oppressing , destructive anti-parliame●tary conventicles ever sithence . after that suppressed our kings and kingly government , as the instruments , occasions of tyranny , i●justice , oppression , luxury , prodigality and slavery to the commons under them ; together with the whole house of lords , as dangerous , uselesse , dilatory t● the procéedings of parliament , &c. in their votes of febr. 6. and * declaration of 17 martii 1648. expressing the grounds of their lute proceedings , and se●ling the government in way of a free state● next , prescribed , subscribed an ingagement to be true and faithfull to the commonwealth established by ●hem without a king or house of lords . yet afterwards in their new modelled parliament ( a● they reputed it ) april 1657. by their petition and advice , ( as first penned , passed and presented to cromwell for his assent● ) declared the revival of kingship and kingly government , absolutely necessary for composing the distractions , and setling the peace and tranquillity of our nations ; advised , pe●i●ioned , and pressed hi● to accept the name , title , power and soveraign authority of a king , over our three kingdoms , and the dominions thereunto annexed ; voted him to be king thereof● with a constant revenue of no lesse than . twelve hundred thousand pounds a year in perpetuity , and five hundred thousand pounds more for 3. years space , out of the peoples exhausted purse● , after most of the antient crown-lands and revenues sold , when as they them●elves affirmed and published in their decl. of march 17. 1648. p. 19. that the justi●iable , legal revenue of the crown under king charls ( be●●des the customs and some other p●●quis●●es , cha●●ed with the maintenance of the nav●e and forts ) fell shors of ●n● hundred thousand pounds yet 〈◊〉 . this new-augmented revenue for their new king olivers support being above 3. times more than any of our lawful kings ever enjoyed . and when cromwell pretended dissatisfaction in point of conscience , to receive the kingship and kingly government on him ; the ●ery * lawyers , members , officers , who drew the declarations and reasons for abolishing kingship , kingly government and house of lords , were the committee appointed to confer with him 3. several times , & draw up reasons to satis●ie him , why he might and ought in reason , law , policie , conscience to accept the kingship and kingly title , for his own and the publike safety● which he r●●using ( ●gainst hi● * desire ) they voted him their royal protector , took an oath to be true and faithfull to him , and to his son ri●hard after him , and to act nothing against their persons or power ; created themselves ano●her house● assumed to themselves the title of lords , and the house of lords , notwithstanding their engagements against it under all their hands . yet soon after dethroned their young protector , nulled all his conventions wherein they sate , with all lordships , knightships , and offices granted by their protectors , as illegal ; revived their anti-parliamentary iuncto , after it had layen buried in oblivion above 6 years space , in may last ; and in iuly following prescribed a new oath and ingagement to all officers , & others who would enjoy the benefit of their knack of indemnity ; to be true , faithful and constant to their common-wealth ( though yet unborn ) without a single person , kingship , or house of lords ? whether such treacherous , perjured double-minded men , unstable in all their wayes , jam. 1.8 . can ever be deemed chosen instruments ordained of god , to settle the peace , or government of our nations ? whether the proph●t isay c. 59. and the apostle paul , rom. 3.9.10 . &c. have not truly characterized them : there is none righteous , no not one ; there is none that understandeth , there is none that seeketh after god ; they are all gone out of the way , they are all together become unprofitable , there is none that doth good , no not one : their threat is an open sepulcher , with their tongues ( yea oathes , protestations , declarations , covenants ) they have ●sed deceit , the poyson of asps is under their li●s : their feet are swift to shed bloud , ( the bloud of their protestant king , peers , brethren , alli●s , fellow-subjects , by land and sea , at home and abroad , in the field , and in new butcheries of highest injustice , ) destruction and misery are in their wayes , and the way of peace they have not known ; there is no fear of god before their eyes : they have made them crooked pathes , whosoever goeth therein shall not know peace . therefore is judgement far from us , neither doth iustice overtake us ; we wait for light , but behold obscurity ; for brightness , but we walk in darkness : we grope for the wall like the blind , as if we had no eyes , we stumble at noon-day , as in the night ; we are in desolate places like dead men : we roar all like bears , and mou●n sore like doves ; we look for judgement , but there is none , for salvation , but it is farr off from us . 6. whether god himself hath not given the anti-parliamentary iuncto , and general council of army officers hitherto , in their iesuitical project of bringing forth a mis-shapen monstrous commonwealth , and whymfical freest●t● , to establish thing● amongst us , a miscarrying womb , and dry brests ; so as we may justly say of them as the prophet did of ephraim ; hos. 9.12 , 14.15 , 16. ephraim is smitten , their r●●t it dryed up , it shall bear no fruit ; yea , though they bring forth , yet will i even slay the beloved fruit of their womb : their glory shall fly away like a bird , from the birth , and from the w●mb , and from the conception ; as their commonwealth whimfie● have done ? whether gods signal over-●urning , and forcible dissolving the iuncto by the army-officers , twice on●●ft●r another in the very generation of this iesuitical brat , before it was formed in the womb , to disinherit our antient hereditarie legitimate kings and kingship , and their turning of all things upside down ( our kings , kingdom● , parliaments , lords house , lawes , liberties , oathes , church , religion , to make way for its production ) hath not been like the potters clay , ( a rude deformed chao● , without any lineaments , or shape at all ; ) so as the work yet saith of h●m that made it , he made me not ; and the thing formed saith of him that formed it , he hath no understanding , isa. 29.16 ? wh●ther these new ba●e●-builders , whiles th●y have been building this new city and tower , to keep them from being scattered upon the face of the whole earth , * have not like the old babel-builders , been confounded in their language by god himself , that they might not understand one anothers speech , and scattred abroad thence upon the face of the earth , though guarded by their faithfull army , on whom they relyed for protection , so that they left off to build their babel , like them ? their city of confusiō is broken down , & every house ( yea their own parl. house ) shut up ; in the city is left desolation , and the gate is smitten with destruction . isay 24.10 , 12. it shall lie waste from generation to generation , none shall passe through it for ever and ever ; but the cormorant & the bittern shall possess it ; the owl also & the raven shall dwell in it , and he shall stretch out upon it the line of confusion , and the stones of emptiness ? whether their and the armies endeavours to set up an vtopian commonwealth , instead of our old hereditarie kingship , is not a * direct fighting against god , and the express precepts , ordinances of god himself , prov. 24.21 , 22. c. 22.28 . c. 8.15 , 16. rom. 13.1 , 2. 1 tim. 2.1 , 2 , 3. tit. 3.1 . 1 pet. 2 . 13.17● yea against the good providence , mercie , favour of god towards our kingdoms and nations for their establishment ; the want of a lawfull , hereditary king , to reign over a kingdom and nation , and a multiplicity of governors , kings , ( especially of inferiour rank ) and reducing the people to such a confused sad condition ; that they shall call the nobles thereof to the kingdom , but none shall be there , and all her princes shall be nothing ; * so that she hath no strong rod left to rule , being a matter of present and future lamentation , a severe judgment of god for their sins , and wickednes , yea an occasion of all wickedness , licentiousness , villanies , confusion , and an immediat forerunner or concomitant of the kingdoms and nations desolation , ruine by gods own resolution , hos. 3.4 . c. 10.3.7 . ezech 49.11 , 12.14 , isa. 33.11 , 12 , 13. judges 17.6 &c. c. 18.1 . &c. c. 21.25 . prov. 28.2 . c. 30 21 , 12. hab. 1.10.14 , 15. and is it not so now of ours ? 7. whether the late petition and advice 1657. to reduce us again to a kingdom and kingship , to which w. lenthal , speaker , whitlock , and many others of the dissolved iuncto assented , as it was first penned , voted , passed by them and many army-officers , as the only means to settle us in peace , honor , safety , prosperitie ; be not a convincing argument , that in their own judgements ; consciences ; kings & kingly government , are englands only true interest , to end our wars , oppressions , distractions , prevent our ruine , and restore our pristine uni●ie , peace , honor , safety , prosperitie , trade , glorie ? and whether it be not a worse than bedlam madness , yea grosse error both in policie and expeperience in our republican juncto and army-officers , to endeavour to erect an utopian , jesuitical republike among us , ( which hath produced so many sad publique change● , confusions , and made us a meer floating island , tossed about with every winde of giddy-brain innovators ) as the only means of our firm , lasting happinesse ; and to prevent all future relapses to monarchie after king charls hi● beheading ; which this notable censure of the incomparable philosopher * seneca passed against that great republic●n and anti-royallist , m. brutus , will abundantly refute . cum vir magnus fuerit in aliis , m. brutus , mihi videtur in hâc re vehementer errare , qui aut regis nomen extimuit , cum optimus civitatis status sub rege justo sit : aut ibi speravit libertatem futuram ubi tàm magnum praemium erat , et imperandi et serviendi ; futuramque ibi aequalitatem civilis juris , et staturas suo loco leges , ubi viderat tot millia hominum pugnantia , non ne serviret , fed 〈◊〉 : ( our present condition between the ambitious , usurping antiparliamentary juncto , and divided army-commander● , all contending which * of them shall be the greatest , and who shall most oppress , enslave our n●tions to their tyrannie , farr more exorbitant than the very worst of all our kings ) quantum verò illum , aut rerum natura , aut vrbis suae tenuit oblivio qui uno interempto ( rege ) defuturum credidit alium qui idem vellet ; cum tarquinius esse● inventus post tot reges ferro et fulmine occisos ; even in rome it self , and we in england since the beheading of king charles , and voting down kings , kingship , with the old house of lords , and ingagemen●s against them , have soon after found , a more than royal protector oliver , usurping the wardship of our poor infan● common-wealth , aspiring af●er a kingship and crown whiles living ; and crowned in his statue , herse , scu●●heons as both king and * conqueror of our three kingdomes after his death ; bearing three crowns upon his sword , as an emblem of it : a momentanie protect●r richard after him ; a new self-created other house , assuming to themselves the title of lords & the house of lords ; after an old lords house suppressed ; since that , a charles fleetwood , and iohn lambert , aspiring after the soveraign power , as their late and present actions , declarations more than intimate , and dissolved juncto affirm : and an exiled hereditarie king charles , with a numerous royal posteritie after him , claiming the crown and kingship by lawfull indubitable right , declared , ratified by the vnrepealed statutes of 1 iacobi , c. 1. 3 iacobi , c 1 , 2 , 4 , 7 iacobi c. 6. the * oathes of supremacy , allegiance , feal●y ; of all mayor● , recorders , freemen of every corporation and fraternity , of all iustices , iudges , sheriffs , officers of iustice , graduates in vniversities or innes of court , ministers , incumbents , all members of the commons house of parliament , and all other freemen sworn in our leet● ; who by the powerfull assistance of their forein friend● and allies , and domestick , oppressed , discontented , divided , ruined subject● , will in all probabilitie be restored to the crown , sooner or later , ( as aurelius ambros●us after the murder of his father and brother by the vsurper vor●igerne , ) was called in , restored and crowned king by his own british subjects , to deliver them from vortigerns and his invading saxons tyranny , after 21 years usurpation ; and edward the confessor , called in and crowned king by his nobles and subjects , after 25 years dispossession of his right by the dani●h vsurpers , and all the danes expelled , without any effusion of blood ; as i have * elsewhere evidenced at large out of our best historians . whether gods extraordinarie sudden tr●ble miraculous overturning 1. of the juncto when best established an● mo●t secure , after ●heir victorious successes against the irish , scots , hollanders , worcester-fight , and league with spain by their own gen. cromwel apr. 20. 1653. 2. of pr●t . * richard ( & his brother hen. too deputy of irel. ) by his brother fleew . unkle disbrow , & other army-officers , after all their oaths , and addresses to him from them and all the officers , soldiers , navy , most counties , corporations in england , scotland , ireland , to be true , faithful , loyal , ob●dient to , and live and die with him , in the midst of hi●parliament , declaring , voting for , and complying with him ; when most men though● it impossible to over●urn or depose him . 3ly , of the revived antiparliamentary juncto , after sir george booths , and all their visible opposites total rout and disappointment , when * themselves and others esteemed them so well rooted , guarded , that there was no hopes nor possibility left of dissipating● dissolving them , or abolishing their usurped regal and parliamental power , even by the very instruments that called them in , and routed their enemies ; all ●● of them without any one drawn sword or drop of bloud , & that in a moment , be not a real , experimental verific●tion of ezech. 21.26 , 27. by way of allusion to our own governours and kingdom , thus saith the lord god ; remove the diadem , and take off the crown , this shall not be the same● exalt him that is low , and abase him tha● is high : i will overturn , overturn , overturn it , till he shall come whose right it is , and i will give it him ? 9. whether the late iunctoes and a●my-officer● doubling , trebling , quadrupling of our nations monthly taxes , excises , militiaes , grievances , oppressions of all kinds by their usurped power ; their consumption , devastation of all the crown-lands , rents , and standing revenues of the kingdom ; of bishops , dean and chapters lands , and many thousands of delinquents real and personal estates , and greatest part of most ●ens privat estates , only to make them greater bondslaves to them than ever they were to any king● ; without benefiting or easing them in any kind ; and to murder one another by intestin● , unchristian warr● , butcheries : and their monstrous giddiness , intoxication in all their premised councils , new models , and rotations of government , ever since they turned the head of ●●r kingdoms ( which should r●le , direct the whole body ) downwards , and the heels uppermost , to animate and steer it , against the course of nature , that rules of law , policie , christianitie : and gods * hedging up all their new by-wayes with thorns , and making a wall cross them , that the people are not able to find their pathes : nor to overtake , nor finde their new lovers they have hitherto followed and sought after ; and those mad new whymsies the jesuites infuse into their pates from time to time , to make them and ou● nation ridiculous to all the world till utterly destroyed : may not justly engage our three distracted nations , and themselves too now , at a total loss ; to ●esolve and say with the israelites , ( when revol●ed from their rightfull kings of the house of david in the like case ) hos. 2.7 . i will go and return to my first husband for then was it better with me than now ? and to imitate the israelites in the case of king david when expelled his realm by his usurping son absoloms rebellion , after his rout and slaughter , 2 sam. 19.9 , &c. and all the people were at strife throughout all the tribes of israel● saying ; the king saved us out of the hands of our enemies , and he delivered us out of the hands of the philistins ; and now he is fled out of the land for absolom , and absolom whom we anointed king over us , is dead in battel ( as their pro. oliver , richard and dissolved juncto are in a moment ) now therefore why are ye silent , and speak not a word of bringing back the king to his house : and zadok and abiathar the priests , spake unto the elders of judah saying ; why are ye the last to bring the king back to his house ; seeing ye are his brethren , of his bone and his flesh ? and amasa bowed the heart of all the men of iudah , even as one man , so that they sent this word unto the king ; return thou and all thy servants . so the king returned to iordan ; where all the people of judah , and half the men of israel met him , and conducted him safe to gilgal ; and the men of judah clave unto their king from jordan even to ierusalem ; and re-established him in his kingdom . whether this be not the only safe , true , legal , prudential , christian , speedy and ready high-way to their present and future peace , ease , safety , settlement , wealth , prosperity , both as men and christians , without any further effu●ion of christian bloud , expence of treasure ; not other new vertiginous models , army councils , treaties , tending to further confusions ; ( out of which the nobility , gentry , ministry , freeholders , citizens , burgesses , merchants , commons , sea men , parliaments of our 3. nations are totally secluded , like meer cyphers , by the iuncto and army-usurpers , as if they were meer aliens , and wholly unconcerned in their own government , settlement , who will never acquiesce in any thing , but what themselves in a free parliament shall resolve on . ) * consider of it , take advice , and speak your minds , without fear , hypocrisy , or partiality . and whether we be not a people marked out and fitted for inevitable destruction ( having all the symptoms , fore-runners of it and sins that hasten it now lying upon us ) if we * brutishly reject this only means of our preservation , and follow the destructive whymsies of those giddy-pated usurping raw stears-men ? of whom we may justly say with the prophet isai. 3.1.4 , 12. behold the lord of hosts doth take away from jerusalem and judah the stay and the staff , the honourable man and the counsellor : and i will give children ( in state-affairs and understanding ) to be their princes , and babes shall rule over them . and the people shall be oppressed every one by another , and every one by his neighbour : the child shall behave himself proudly against the ancient ; and the base against the honourable ( as now they do ; ) o my people , they which lead thee , cause thee to erre , and destroy the way of thy pathes , and they that are led of them ( in their new jesuitical by-wayes ) are destroyed , by intestine divisions and forein invasions , as in isai. 9.12 . to 21. a sad emblem of our present condition , and approaching destruction , worthy our saddest meditations . whether the twice dissolved anti-parliamentary juncto by their own knack of the 12. of october , and paper printed by their special permission and command since their dissolution ; intituled , the parliaments plea ; declaring resolving , p. 5 , 6 , 7. that the people of england are of right , a free people , to be governed by their own elected deputies and trustees in parliament ; it being owned on all hands , both by parliament and army , and all the good people engaged with them . that the people under god are the original of all just authority ; and other original and foundation no man may lay . that to deprive or deny the people of this inheritance , is treason , rebellion and apostacy from the good old cause of the english nation , for as much as a people free by birth , by laws , and by their own prowess , are thereby rendred and made most absolute vassals & slaves , at will & power ; and greater treason than this no man can commit . that to levy mony upon the people without their consent in parliament is treason , for which every man that so assesses , collects , or gathers it , is to be indicted for his life , and must dye as a traytor ; not only by their knack , but by the fundamental good old laws of the land , against which no by-law is to be made : this being a fundamental law , and one of the main birth-rights of england ; that no tax or levy is to be laid upon the people but by their consent in parliament ; be not guilty of the greatest , highest treason , rebellion , and apostacy , from the good old cause of the english nation , ( and the army-officers too confederating with them ) by depriving and denying the free people to be governed by their own elected representatives and trustees in a full & free parl. by secluding four parts of five of the knights , citizens , burgesses , & barons of ports out of the long parl. whiles in being dec. 1648. with armed power by usurping to themselves the royal , parliamentary legislative supream authority over the people , & laying , assessing , levying , intollerable excessive taxes , excises , militiaes upon them , without , yea against their consents & protestations ; and without the consent of the farr greater part of the commons house , the king or house of lords , which they forcibly secluded , suppressed , destroyed , against their fundamental laws , liberties , privileges , birth-rights , protestations , declarations and solemn league and covenant , by making them most absolute slaves , vassals from 1648. till their dissolution in april 20. 1653. and invading , inslaving , destroying their protestant brethren of scotland , and allies of holland by land and sea , to the undermining , endangering of the protestant religion ; by imposing new oaths and engagements on them diametrically contrary to the oathes of supremacy and allegiance ( which they all solemnly took as members before they entred the house ) and disabling all to sue in any court , or enjoy the benefit or protection of the laws for which they fought , and to which they were born heirs , who refused to take their treasonable , perfidious ingagements ; by securing , imprisoning thousands of freemen , close imprisoning sundry members of the old parliament , ( my self amongst others ) divers years in remote castles , and keeping us from gods publike ordinances , without any accusation , hearing , trial , or legal cause of commitment , expressed in their warrants . by presuming upon the army and officers sodain invitation after the old parliaments dissolution by the kings death , and their above 6. years dissipation by the army , without the election or privity of the people , to sit and act as the parl. and supream power of the nation ; to seclude at least 3. parts of 4. of the old surviving members by force , a●d proclaiming sir george booth , sir thomas middleton and other members and freemen of england traytors , and levying war against them , only for raising forces to induce them to call in all the old secluded members , or to summon a new free parliament , and for opposing their new illegal taxes , excises , militiaes , imposed and levyed on the people , without their common consent in parl. deserve not to be all indicted , executed , and their estates confiscated as traytors , for these their successive reiterated high treasons by their own resolutions , & sir george and his adherents totally acquitted from the least imputation or guilt of treason , & by consequence from all ●mprisonments , sequestrations under which they now suffer . whether their branding , sequestring them for traytors , apostates , enemies to the publike , against law and conscience too , hath not justly brought that wo & judgment upon their conventicle . isa. 5.20 , 23 , 24. wo unto them that call evil good , and good evil ; that put darkness for light , and light for darkness ; that put bitter for sweet , and sweet for bitter ; and take away the righteousness of the righteous from him . therefore as the fire devoureth the stubble , and the flame consumeth the cha●s , so their root shall be rottenness , and their blossom shall go up as dust ; because they have cast away the law of the lord , ( and of the land too ) and despised the name of the holy one of israel . for all this his wrath is not turned away , but his hand is streched out still . whether the anti-parliamentary junctoes and army-officers beheading of their late protestant king , against the vote● , protestations , of the generality of the parliament and his 3. protestant kingdoms , & mediations of all foreign protestant agents then in england ; their banishing , ●xpelling his royal protestant heir , successor to the crown , with all the rest of his children ( professing the reformed r●ligion ) out of all their protestant realms & dominions ; their invading of their protestant brethren in ir●land and scotland , in a hostile manner with potent armies , & waging war against them in their own countries , and after that against their own protestant brethren in england , as professed enemies , traytors , apostates ; slaying divers thousands of then in the f●eld ; imprisoning , banishing , disinheriting , fequestring many thousands more of them , only for owning , crowning , assisting their own hereditary protestant king ( according to their oathes , covenants , laws , homage , allegeance , duties , and principles of the protestant religion ) to regain and retain his royal autho●ity and kingdoms . their waging of a most bloudy 〈◊〉 wa● with our antient protestant allies of holland above 3. years space together , to the slaughter of many thousands of their & our gallantest protestant seaman , admirals , sea-captains , of purpose to banish their own exiled protestant king , his brethren and followers out of the netherlands from the societie and charitable relief of the●r protestan● friends , where they lived as exiles , enjoying the free profession of the reformed religion , and communion , prayers , contributions of the protestant churches ; on purpose to drive them into popish quarters amongst seducing iesuits , priests , papists , to cast them wholly upon their alms , mercy , benevolence , and by these high indignities , and their pressing necessities , to inforce them ( if they can ) to renounce the protestant-religion and turn professed papists : their most inhuman , unchristian barbarism , in depriving them totally of all means of subsistance , by seising all their revenues , without allowing them one farthing out of them towards their necessary relief ; yet enacting i● high treason for any of their protestant subjects , friends , allies within their realm● or dominions , to contribute any thing toward their support , to hold the lea●● correspondency with , or make any publique prayers unto god for them : as if they were worse than turk● , iews , infidels , and most professed enemies : for whom we are not only commanded to pray , but also to love , feed , clo●h , relieve , harbour them in their necessities , overcomming their evil with goodness , by christs own example and express precepts , under pain of everlasting damnation ; be a conscientious saint-like performanc● of , and obedience to , or not rather an atheistical obstinate , presumptuous rebellion against the 1 tim. 2.1 , 2 , 3. mat. 5.44 , 45. c. 2● . 21 . c. 25.34 , to 46. luke 6.35 . to 39. c. 10.30 to 38. c. 23.34 acts 7.60 . rom. 10 13 , ●9 , 20 , 21. c. 13.1 , to 12. c. 15.26 , 27. 1 cor. 16.1 , 2. jam. 2 , 13. and other sacred texts ? a religious , zealous observation of their * sacred solemn protestations , vows , covenant , remonstrances , declarations , oathes for the maintenance , defe●ce & propagation of the true reformed protestant religion , the profession and 〈…〉 , against the bloudy plo●s , conspiracies , attempts , practices of the iesuits , and other prof●ssed popish ene●ies and ●nderminers of them● or not rather a mo●● perfidious v●olation , ●bjuration , betraying of & confederating with the iesuits & papists against them ? a loving of the●● protestant brethren , with a true heart , fervently , and laying down their lives for them , and being pitiful , merciful , compassionate towards them , according to these gospel-precepts , eph. 4.32 . c. 5.1 , 2. 1 pet. 1.22 . c. 2.17 . c. 3.8 . 1 john 2.11.14.33 . c. 4.7 , 11 , 12 , 20 , 21. john 13.34 . c. 15.12.17 . or not rather a shutting up their bowels of compassion towards them ; a grieving , offending persecuting , murdering of their bodies & souls too ; & an infallible evidence , that they are yet no real saints or children of god , but the very children of the devil abiding in death , having no true love of god , nor eternal life abiding in them , by christs own resolution , john 8.44 , 45. 1 john 2.13 . to 18 ? a professed antichristian contradiction to the reiterated command and voice of god from heaven , isay 52.11 . 2 cor. 6.17 . rev. 18.2 , 3 , 4 , &c. depart ye , depart ye , come ye out of ( mystical romish babylon , ( the mother of whoredoms , the habitation of devils , and of every foul spirit , and the cage of every unclean and hateful bird ) o my people that ye be not partakers of her sinnes , and that ye receive not of her plagues : by their forcible driving of their own protestant king , brethren into babylon , and keeping them therein , to have their habitation among devils , foul spirits , & unclean birds of every kind , that so they may participate both in her sins and plagues ; instead of calling them out from thence into their own protestant dominions and churches ? * certainly , if the righteous shall scarcely be saved , where shall these most transcendent , unpresidented , unrighteons , ungodly sinners ( who obey not , but coutradict all these gospel texts ) appear ? and what shall their end be ? verily the gospel it self resolves : ( and o that they would with fear & amazement of spirit now seriously consider it ) when the lord iesus shall be revealed from heaven with his mighty angels in flaming fire to take venge●nce on them , they shall be punished with everlasting destruction from the presence of the lord , and from the glory of his power , 2 thess. 1.7 , 8 , 9. * and shall receive judgement without mercy , because they have shewed no mercy , but the utmost extremity of malice and cruelty to the souls and bodies of their protestant king and brethren ? whether the junctoes and armies late proceedings against the king and kingship , were not the direct plot of the spa●i●lized priests and jesuit● , ( as well in france as england , spain , and elsewhere ) who contrived and promoted it to their power ; as i evidenced in my speech , memento , epistle to my historical collection ; my true a●● perfect narrative , and vindication of the old and new secluded members at large , and shall f●rther clear by this ensuing letter , the original whereof i have twice read ●ound by mr. sherley a book-seller in little britain , ( in whose hands ●t is ) amongst the books of mr. patricke ●arre ( priest to don alonso de gardenas the spanish ambassador ) which he bought of him at this ambassadors house , when he was departing hence upon the breach with spain , 1653. within a year after this letters date , which he soon after shewed to divers gentlemen , one of them ( who took a copy thereof ) promising to shew it to cromwel himself . the superscription of it is in spanish directed ( as is conceived and the letter imports ) to this patricke carre ( an irish priest and iesuit ) under the name of * don pedro garsia : the letter it self is in english , written it seems by some english or irish priest or jesuit , sent as an intelligencer , by the spanish ambassador into holland and france , ( with whom the english were then in hostility ) but the direction for letters to him is in french . in the cloze whereof the jesuitical and spanish party in paris , expected our anti-parliamentary iuncto ( whom they stile , our brave parliament , as set up by and acting for them ) should espouse their quarrel and act their pa●ts against the french ; and joyn with the prince of condee , to c●t off the king of france his head , and all kings else , as they did the king of englands , by their instigation , such antimonarchists , traytors are these jesuits , irish and spanish freers to all kings and monarchy . paris , 10. of ianuary , 1652. sir , i was no so ner in holland , then i writ to you , but hearing nothing from you i concluded , either you were very sick , or that you received not my letter ; i came hither in an ill time , for the kingdom is in great disorder , upon the kings recalling the cardinal , against all his declarations . this town ready to declare in favor of the prince and the duke of orleance , who is now treating with the duke of lorrain for his army . if your dull * archduke make no more advantage of this , than of the disorders of the last summer , it 's pity but he were sent to keep sheep . we expect here our brave parliament " will not let the game be soon played out : i could wish gallant cromwell and all his army were with the * prince : for i begin to wish all kings had the * same the king of england had : i le say no more untill i hear from you , but that i am your unfeigned friend , t. danielle . i pray remember me to both my cozens . direct your letters a monsieur monsieur canell demurant chez mons-marchant a la rue de pulle . the superscription is thus , viz. a don pedro garsia en casa de embaxador de espanna que * dios garde . en londres 9d . there were many papers and notes written in irish , some concerning the affairs & transactions of the late wars in ireland , found amongst these books , whence i conceive this patrick carre was an irish priest and jesuite ; and that the * spaniard had a great hand in that horrid rebellion . from the cloze of this letter let all consider . whether it can be safe for any popish , as well as protestant kings to harbour such jesuitical antimonarchists and regicides in their kingdoms , courts , who thus wish all kings beheaded and brought to iustice , as well as the late king of england , by cromwell and his army , or their own subjects ? and how much all kings ought to detest his president ( of the jesuits contriving ) let them now cordially and timely advise for their own securitie . whether the great swarms of jesuites and popish freers in and about london , by the iunctoes , and army-officers tolleration and connivence ( whose jesuitical antimonarchical plots , counsels they have vigorously pursued ) be not the principal contrivers , fomentors of all our changes of government , new sects , opinions , mutinies in and usurpations of the army , ( in whose councils most intelligent protestants have just cause to fear they have been and still are predominant ) there being multitudes of them in and about london , under several masks ; some of them saying masse in their pontificalibus in popish ladies chambers one day ; and speaking to and praying with their soldiers in the army , or in anabaptistical or quaking conventicles the next day , of which there are some late particular instances ; i shall relate one only more general and worthy knowledge . two english gentlemen of quality ( one of them of mine acquaintance ) travelling out of england into france in may 1658. and hiring a vessel for their passage , three strangers ( who came from london ) desired leave to passe over with them ; which they condescending to , suspected one of them at least , to be a jes●it , by his discourse ; and during their stay at paris , saw all three of them there walking often in the streets in their iesuits habits . in august following , they being at angiers in france , there repaired to their lodging an englishman , in his friers weeds , who informed them , that he was an englishman by birth , but a dominican fréer by profession , newly come from salamanca in spain , and bound for england ; that he had been at rome , where he had left some goods with an irish iesuit , who promised to return monies on them in france , but had failed to doe it ; whereupon he was in present distress for mony to transport him to england , desiring their favour to furnish him with monies , which he would faithfully repay in london , and if they had any letters to send to their friends in england , he would see them safely delivered . the gentlemen finding him to be an excellent scholar of very good parts and edu●●tion entertained him 5. or 6. daies at their lodging , till they could furnish him with monies , and upon his account as a freer , had a very good intertainment in the monastery at angiers by the freers thereof : during his stay there they had much discourse with him : he told them he had been formerly a student in kings college in cambridge ; after that at salamanoa in spain , for 8. years . being demanded by them , whether there were not many iesuites and freers then in england ? he assured them upon his own knowledge , they had then above five hundred iesuites in london and the suburbs ; and that they had at least four or five iesuites and popish priests in and about london , to every minister we had there . whereupon they demanding of him ; how so many iesuites and priests were there maintained ? he answered , that the iesuites and every order of fréers had their several treasurers in london , who by orders from their provincials furnished them with what ever monies they wanted by bills of exchange returned to them ; that all the iesuites and priests in england were maintained according to their respective qualities ; a lords son , like a lord , and a knights son like a knight ; and if they chanced to meet him in london at their return , though he were now in a poor weed , they should find him in scarlet , or plush , & a better equipage than what he was in . he would not discover his true name to them , but upon discourse on a sudden , he mentioned his cozen howard in england , which made them suspect he was of that family . he told them further ; that though we were very cunning in england , yet the iesuites and priests there were too crafty for us , lurking under so many disguises that they could hardly be discovered : that there was but one way to detect them ; which they being inquisitive to know . he said , it was for those who suspected them to be priests to feign themselves roman catholicks , and upon that account to desire the sacrament from them , which they could not deny to give them ( after confession to them ) being bound thereto by oath , by which means some of them had been betrayed . he further informed them : that himself had been at all the several gathered churches , congregations & sects in london , and that none of them came so near the * papists in their opinions and tenents as the quakers , among whom himself had spoken . this relation one of the gentlemen ( a person of honor and reputation , the other being dead ) hath lately made to me three several times with his own mouth , and will attest it for truth , having related it to sundry others since his return into england . which considered , whether it be not the very high-way to our churches , religions , ministers , nations ruine and destruction to list so many quakers , anabaptists , sectaries , in the army and new militiaes in most counties , where they bear the greatest sway ; and to disarm the presbyterians and orthodox protestants , as the only dangerous persons , and put all their arms into quakers , anabaptists , and sectaries hands ( headed , steered by iesuits , popish priests and freers ) as they have done in glocester , colchester , cheshire , lancashire , and endeavour to doe in other parts , to cut all true protestants throats , and set up popery by the army ( which hath so much advanced it of late years ) before we are aware ? let all true zealous protestants in london and else where timely , seriously consider , and endeavour speedily to prevent ( and the council of army-officers , with their new commit● of safety too , if they have any care of their native country , or protestant religion ) before it be over-late . whether we may not justly fear , that god himself in his retaliating justice , for the iunctoes and armies unparalleld exile of their protestant king and royal posterity into popish territories ; and yet permitting such swarms of jesuits , monks and romish vermin to creep in and reside amongst us ; may not give up the dissolved juncto , army , council of officers , soldiers , and their posterities , with our whole three nations , as a prey and spoil to these seducing , dividing , ravening , all-devouring wolves ; yea to the combined forces of our spanish and french popish adversaries , to the utter desolation , extirpation , ruine of our protestant religion , in the midst of our present divisions and distractions , under a just pretext of restoring the exiled royal issue to their hereditary rights , and avenging the manifold indignities to them and their relations , unless timely and wisely prevented by a prudent , voluntary closing with , & loyal , christian restoring them , by common consent our selves , in a full and free parl. upon just , safe , honourable terms , becoming us both as men , christians , & professors of the reformed religion ? and whether we be not ripe for such a universal desolating judgement as this , if we consider , is. 24.16 , 17 , 18. c. 33.1 , 2. c. 59.1 , to 19. 2 chr. 3.6.15 , to 21. mich. 2.2 , 3 , 4 , 5. ezech. 35.14 , 15. joel 3.6 , 7 , 8. or the late and present sufferings of most other protestant churches abroad , not half so treacherous , perfidious , wicked , execrable as we , who are now become the very monsters of men , the scandal , shame , reproach of christianity , and humanity in the repute of all the world ? whether the iuncto and army-officers who have ( like the a hypocritical israelites ) very frequently ordered , celebrated many hypocritical irreligious mock-facts from time to time , to fast for strife , and debate , and to smite with the fist of wickednesse ; never yet observing , practising that fast which god himself requireth , to loose the bands of wickednesse , to undo the heavy burthens , to let the oppressed go free , to break every yoke , to deal their bread to the hungry , to bring the poor ( exiled protestant royal issue and their english followers ) that are cast out ( by them ) to their houses , to cover the naked , and not hide their selves from their own flesh : who have hitherto made their publike and private dayes of humiliation , a constant prologue to their ambition , pride , b and rebellious self-exaltation ; their dayes of praying to god , a preface to their preying upon their brethren ; their seeking of god for direction and assistance in their designs , a means to colour and promote the very c works of their father the devil ; their pretended following the secret impulses of the spirit of god , the sol● justification of d walking according to the prince of the air , the spirit that now worketh in the children of disobedience : their making , taking of solemn oathes , vowes , protestations , covenants , engagements to be true , faithfull , oonstant , loyal , obedient to their lawfull kings their heirs , successors , superiors , the privileges , rights of parliament our fundamental laws , liberties , religion , &c. a meer engin and diabolical stratagem , more cunningly , boldly , audaciously , perfidiously to betray , undermine , supplant , subve●t them ; have not now just cause upon consideration of isaiah 1.2 , to 17. and chap. 58. to keep many publike , private fasts , and dayes of humiliation , to confesse , bewaile , repent , renounce , and reform these their transcendent-crying , wrath-provoking sins and abominations : together with their e building up of zion ( their new republike , free-state , churches , kingdom of jesus christ ) with blood , and ●stablishing ierusalem with iniquity , f their devising iniquity and working evil upon their beds , and practising it when the morning is light , because it is in the power of their hand , and swords : their coveting ( other mens ) fields , houses , and taking them away by violence ; so they oppr●sse a man ( yea their protestant king , and thousands more of their protestant brethern ) and his house ; yea a man and his inheritance : for fear they incurre the fatal inevitable woes , evills , iudgements , denounced by god , against such crying sinnes , oppressions , violences , to the utter desolation , extirpation of them , their families , yea of our english zion and ierusalem , mic. 2.1 , to 6. is. 32.1 , 2. c. 3 , throughout : with that of hab. 2.7 , 8. shall they not rise up suddenly that shall bite thee , and awake that shall vex thee , and thou shalt be for booties unto them ? because thou hast spoyled many nations , all the remnant of the people shall spoyl thee : because of mens blood , and for the violence of the land , of the city , ( army ) and all that dwell therein ? whether the junctoes and army councils utter subversion of all our fundamental laws ( especially magna charta , c. 29 , 30. the petition of right and all other lawes , statutes w●ich concern the preservation of the lives , free-holds , liberties , properties , franchises of the subjects , the inheritance and succession of the crown , the rights and privileges of parliament ) their ending the last easter term , with very little law , and no conscience at all ; their beginning trinity term with very little conscience ( monopolized in their conscientious speakers brest alone ) without any law at all ; and their holding part only of michaelmas term without any chancery or conscience ( voted by some to be both useless and dangerous ) or any real law in the judgement of understanding lawyers , and breaking it off , without any law or conscience , to the undoing of many poor oppressed clients left without relief ; with their manifold transcendent obstructions , subversions both of law , equity , justice , conscience , property , liberty , in their most arbitrary lawlesse committees of indemnity , and courts of high injustice ; be not a transcendent violation of all their former remonstrances , declarations , votes , protestations , league , covenant ; inviolably to defend these lawes , and a meer iesuitical design ( as i have * elsewhere evidenced ) to work our utter dissolution ( the lawes being the onely ligaments to unite , and pillar to sup●ort our state and kingdom ; whereby not only the regal and parliamental authority , but the peoples security of lands , livings , lives , privileges both in general & particular are preserved , maintained , by the abolishing or alteration whereof , it is impossible but that present confusion will fall upon the whole state , frame of this kingdom and nation : as the statute of 1. iac. c. 2. resolves , and we finde by woful experience ? whether the army council of officers , have not most exemplarily and satisfactorily performed this part of their last printed declaration , 27 octob. 1659. p. 18. we earnestly desire and shall endeavour , that a full and through reformation of the law may be effected ; by their new committee of safeties imperious order sent to mr. dudley short ( a citizen of london ) whom mr. thurlo ( whiles secretary ) committing close prisoner to a m●ssenger several weeks , so as neither his wife nor friends could ●ave any access unto him , upon a meer trepan , and supposed matter of account between him and a scotsman with whom he traded , & enforcing him at last ere released to enter into a bond of 6000 l. with sufficient security for appearing before the council of state , & to go in person into scotl. when ever he should be required , & ordering him to go into scotland soon after ( under pain of for●●iting his 6000 l. bond ) upon his own expence , where after many weeks attendance , and frequent examinations before the council there , touching this account , the scotsman appeared to be indebted to him above 120 l. whereupon he was dismissed thence . for which most unjust vexation , oppression and false imprisonment against the great charter , c. 29. the petition of right , with other acts , and the late statute of 17 caroli , c. 10. for regulating the privy council , ( to mr. shorts great expence , losse of trade , reputation , and his damage of ten thousand pounds , as he declared ) he brought his action at law in the common pleas court , which was set down to be tried at guildhall , the 12. of this november . whereupon mr. thurlo procured an express order from the new committee of safety , wherein they presume to indemnifie him ( by their exorbitant arbitrary power ) against this action of false imprisonment , and to enjoyn the plaintiff both to surc●ase and release his sute , and never to prosecute it more ; and command his counsel , attorney , sollicitor , the iudge himself , and all other officers , not to proceed therein at their utmost peril , upon this ground ; because if this trial should proceed , any others of the late and present council of state might have actions brought against them for illegal commitments and imprisonments : upon this the officers of the court refused to seal his record for the triall , and his attorney and counsel durst not proceed for fear of being layd by the heels . whereupon he complained against this abu●e , and moved for a triall in open court , urged these statutes● with the statutes of 2 e. 3. c. 2.20 e. 3. c. 1 , 2● and the judges oath , that it shall not be commanded by the g●eat seal , nor little seal , to disturb or delay common right ; and though such commandements do come , the iustices shall not therefore cease to do right in any point : and that the i●stices shall not deny nor delay to no man common right by the kings letters , nor none other mans , nor for none other cause . and in case any letters come to them contrary to law they shall ●o nothing by such letters , and go forth to do the law , notwithstanding such letters : and pressing the judge to doe him right accordingly , and to give him an answer in open court ; yet their order countermanded these statutes and judges oath : so that no man , though never so unjustly committed , oppressed , grieved by the old and new council of state , to his ruine ; shall have any remedy at all against them : since they may thus indemnify each other against all actions commenced . and if they bring an habeas corpus for their enlargement , and be bayled according to law by the judges ; the new gardians of our liberties , preservers of our safety , and thorough reformers of our lawes , ( by extirpating them root and branch ) will even in the very face of the court , as soon as they have put in bayl , in contempt of law and justice command soldiers and their serjeant at arms , by new orders to arrest and carry them to other prison● , and forein islands , as they did mr. nuport and mr. halsey on the 18. of this instant nov. notwithstanding they had put in bail of 10000. l. a piece for their peaceable deportment : yea if any henceforth move for habeas corporaes they will remove them unto new prisons , or gards of souldiers , or send them into forein parts to prevent their returns and enlargement by our laws ; as some have been newly dealt with , by these new full & through r●formers of the laws , whether these very first-fruits of their full and through pretended reformation of our laws , proving so bitter , trampling all law and justice under foot , with greater scorn , contempt , impudence than ever any kings , old council table lords , stra●●ord or canterbury were guilty of : and their leaving not so much as one judge or justice to act under them in any one court of justice at westminster , nor no face of any real or pretended legal authority in england or ireland to execute justice between man and man : and dismounting all those judges , grandees of the law who formerly complyed with them , and acted under them in all their innovations , ( a just reward for their temporizing against their judgements , law and conscience ) their future harvest of our lawes reformation will not probably prove so lawlesse and exorbitant , that the whole english nation ( and army too , if they have not abandonned all humanity , christianity , charity , justice ) will revive this prayer in our antient liturgy , against such a full and through deformation and deformers of our lawes . from all evil and mischief ; from all blindness of heart , from pride , vainglory and hypocrisie , from envy , hatred , and all uncharitablenesse , from all deceits of the world , the flesh and devil good lord deliver us . and exhort their fellow brethren of scotland and ireland in the apostles words , 2 thess. 3.1 , 2. finally , brethren , pray for us , that the word of the lord ( and good old laws of the land ) may run and have free course , and be glorified ; and that we may be delivered from absurd , or unreasonable & wicked men , ( who thus reform and purge out the laws very bowels ) for all men ( and such reforming saints especially ) have not faith : whatever they professe , who under pretext of a most transcendent reformation and purgation of the gospel and law , would reduce us into the condition of the israelites , 2 chron. 15.3 . now for a long season israel had been without the true god , and without a teaching priest , and without law ? and why so ? the apostle resolves us in direct terms , 1 tim. 1.4 . &c. the end of the law is charity out of a pure heart , and of a good conscience , and of faith unfeined : from which some having swerved have turned aside to vain jangling : desiring to be teachers , ( yea reformers ) of the law , understanding neither what they say , nor what they affirm . but we know that the law is good , if a man use it lawfully ; knowing also that the law is not made for a righteous man ; but for the lawless and disobedient , for the ungodly and for sinners . for murderers of fathers and murtherers of mothers , for man-slayers , &c. for men stealers for lyars , for periured persons , & every other thing that is contrary to sound doctrin : and our army-grandees , juncto , and new reformers being such ; would abrogate all lawes , and lawyers too , least they should restrain and punish them for these their capital crimes : forgetting this lesson , that though they null all the laws and courts of justice in westminster-hall , and elsewhere ; yet they shall never abrogate nor escape the law , iudgement , execution , iustice and vengeance of * god himself● who will render indignation and wrath , tribula●ion and anguish to every soul of man that doth evil● whether iew or gentile . for as many who have sinned without l●w● shall also perish without law , and as many as have sinned in the law , shall be judged by the law . enough to disswade them from their intended reformation , to reform their own and the armies l●wless exorbitances , before they reform our laws , or others far better than themselves . whether all the old conscientious , faithfull , publike spirited , secured , excluded , and re-excluded member's , who to the uttermost of their powers opposed , voted , protested against all the late dismal jesuitical powder-treasons , violences , innovations , ex●rbi●ances of the dissolved iuncto and army , and have h vexed their righteous souls , from day to day , yea i shed rivers of te●rs from their mournfull eyes , because of these their heinous transgressions against the laws of god and the land , may not with much comfort apply this promise of god to themselves , and their uncharitable brethren , who secluded all , & imprisoned sundry of them . isa. 66.5 , 6. &c. 26.11 , 13 , 14. hear the word of the lord , ye that tremble at his word : your brethren that hated you , that cast you out for my name sake , said , let the lord be ( thereby ) glorified , but he shall appear to your joy , and they shall be ashamed . ( by reason of their own double ejection , dissolution in a strange unexpected manner ) a voice of noise from the city ; a voice from the temple ; a voice of the lord that rendreth recompence to his enemies . lord , when thy hand is lifted up , they will not see ; but they shall see , and be ashamed for their envy towards the people ; yea the fire of their enemies ( their very fierie guards and powder-men ) shall devour them . o lord our god , other lords besides thee ( our new supr●me lords , powers , protectors of the dissolved junctoes , counsel , and tother house ) have had dominion over us , but by thee only will we make mention of thy name : they ●●e dead , they shall not live ; they are deceased , they shall not rise : therfore hast thou visited and destroyed them , and made all their memory to perish : even k so let all thine enemies ( and the publike impenitent , malicious en●mies of our churches , kings , kingdoms , parliaments , peoples liberties ) fall and perish , o lord : but let th●m that love thee ( and the publike peace , welfare , settlement , prosperity of our churches , kings kingdoms , nations ) be a● the sun w●en he goeth forth in his might ; that so the land may have rest forty years together : as the land of israel had , after l the lord had discomfited sisera , and all his chariots , and all his host with the edge of the sword , before barak and deborah , amen . whether the general council of officers and army-saints former and late slandering , false accusing , forcible secluding , the members of the long parliament , as trust-breakers , and the whole house of lords , for whose defence they were raised , waged , commissioned ; and their subsequent dissolving , dissipating with high scorne , their own anti-parliamentary iunctoes from whom they received their new commissions , end engaged several times , to yeeld their utmost assistance to them to sit in safety , to be true , faithfull and constant to them , and to live and die in their defence : be a conscientious saint-like performance . 1. of iohn baptists evangelical injunction to all souldiers , luke 3.14 . do violence to no man , neither accus● any falsly , and be content with your allowance . 2ly . of st. pauls description of a good souldier of iesus christ 2 tim. 2.3 , 4. thou therefor● endure hardness : no man that warreth , intangleth himself with the affairs of this life , that he may please him who hath chosen him to be a souldier . ( not disobey , betray , supplant or destroy him ) 3ly . of pauls and peters expresse commands to all officers , souldiers whatsoever , as well as others , rom. 13.1 , 2 , &c. let every soul be subject to the higher powers : for there is no power but of god : the powers that be , are ordained of god . whosoever therefore resisteth the power resisteth the ordinance of god : and they that resist , shall receive to themselves damnation , &c. wherefore ye must needs be subject , not only for wrath , but also for conscience sake . tit. 3.1 , 2. put them in mind to be subject to principalities and powers ; to obey magistrates , to be ready to every good work : to speak evil of no man ; to be gentle , shewing all meekness unto all men . ephes. ● . 5 , 6 , 7. col. 4.22 , 23 , 24. servants ( & such are all mercen●ry officers , soldiers , under pay to the old parliament and kingdom ) obey in all things , your masters according to the flesh , in fear and trembling , in singleness of heart , as unto christ , not with ey● service , as men-pleasers ; but as the servants of christ doing the will of god from the heart . with good will doing service , as to the lord , and not to men ; for ye serve the lord christ . 1 pet. 2.13 , to 20. submit your selves to every ordinance of man for the lord sake , whether it be to the king as supreme , or unto governors , as unto those who are sent by him for the punishment of evil doers , and for the praise of them that do well ; for so is the will of god , that with well-doing ye put to silence t●e ignorance of foolish men . as free , and not using your liberty , as a cloak of maliciousn●sse , but as the servants of god . honour all men , ( in lawfull authority ) fear god , honour the king . servants , be subject to your masters with all fear , not only to the good and gentle , but also to the froward . for this is thank-worthy , if a man for conscience toward god endure grief , suffering wrongfully . whether by their former & late rebellions against the king , parl. & all their lawful superiors , and exalting themselves above all the●r former lords and masters , they have not given christ himself the lye , and falsified his reiterated asseveration , resolution . mat. 10.24 . john 13.16 . c. 15.10 . verily , verily i say unto you , the disciple is not above his master , nor the servant above , or groater than his lord ; neither he that is sent , greater than he that sent him . if ye know these things , happy are ye if ye do them ! whether they will not prove bitternesse , damnation , ruin to them in the latter end , and teach , engage all common souldiers under them to be treacherous , rebellious , disobedient unto them , and thrust them out of all their commands , now they have neither legal commissions nor a●thority to rule them , nor monies to pay or quarter them , nor imployment under them for the peoples welfare , but only for their own ambitious ends and self-preservation , for which they were never raised , since their own presidents and principles of treachery and disobedience to all their former superiours animate them thereunto . whether the ●unc●o ●nd army council , upon seriou● co●sideration of all the premis●s ●●d their form●r misca●●iages , h●v● not all cause with penitent hea●ts a●d bleed●ing spirits to cry out and make this old publik● confe●●io● in the book of common prayer . almighty and m●st m●rcifull father , we have erred and stray●d from thy ●aye● li●● los● sheep . we have followed too much the de●ices and desires of our own hearts ; we have offended against thy holy laws ; we have le●t ●ndone those things which we ●ught to h●ve done , and we have done those things which we ought not to ha●e done , and there is no health nor truth in ●s . but thou o lord have mercy upon us miserable offen●●●● . and grant that we may hereafter live a godly , righteous , & sober life , to the glory of thy holy name . amen . which if these workers of iniquity shall still refuse to do , as if the lord did neither see nor regard it ; and therby provoke our 3. nations to cry out with united prayers to god against thē ; * help lord , for the godly man ceaseth , for the faithfull fail from among the children of men . with flattering lips , and with a double heart do they ●pake , every one to his neighbor . o lord god of revenges , o lord god to whom vengeance belongeth , shew thy self ; lift up thy self thou iudge of the earth , render a reward to the proud : lord , how long shall the wicked , how long shall the wicked triumph : how long shall they utter hard things , and all the workers of iniquity bo●st themselves ? they break in pieces thy people , o lord , & afflict thine heritage ; they slay the widow and murder the fatherless ; they gather themselves together against the soul of the right●ous , and condemn the innocent bloud . whether they must not then expect that inevitable doom of god himself , ensuing after such practises and prayers , psa. 94.23 . and the lord shall bring upon them their own iniquity , and shall cut them off in their own wickednesse ; yea the lord our god shall cut them off ? * the transgr●ssors shall be destroyed together , the end of the wicked shall be cut off : but the salvation of the righteous is of the lord , he is their strength in the time of troble . and the lord shall help them , and deliver them , he shall deliv●r them from the wicked , and save them b●cause they trust in him . jer. 36.3 , 7. it may be they will ( now ) present their supplications bef●re the lord , and r●turn every one from his evil way , that god may forgive their iniquity and their sin ; for great is the anger and the fury that the l●rd hath pronou●ced against this people . an exact alphabe●ical li●t of the old and n●w secluded memb●r● of the comm●ns house in the long parliament , surviving may 7. 1659. when the dissolved juncto began their new session . baronets , knights and viscoun●s . lord ancram , sir ralph ashton , sir john barring●on , sir thoma● barn●rdiston , sir robert benloe●sir george booth , sir humphry bridges , sir ambrose brown , sir john burgo●n , sir roger burgoin , sir henry ●h●lmley , sir john clotworthy , sir john corbet , sir john curson , sir thomas d●cre● , sir franci● dr●ke , sir william drake , sir walter earl , sir c●arles egerton , sir john evelin of surry , sir john evelin of wilres , sir john fenwick , sir edmund fowel , sir gilb●rt gerard , sir ha●botle grimston , sir ri●hard h●nghton , sir john holland , sir anthony ●●by , sir mar●in knatchbull , sir john leigh , sir william l●w●● , sir william li●●●r , sir william lit●on , sir sam●el luke , sir nichol●● martyn , sir thomas middl●ton , sir robert nappirr , sir rober● ne●h●m , sir dudly north , sir john no●thcot , sir richard onslow , sir hug● owen , sir john p●lgrave , sir philip parker , si● thoma● parker , sir edward partridge , sir john pellam , sir william pl●ter● , sir nevil poole , sir j●●n po●● , sir robert pye , sir f●an●is russel , sir 〈◊〉 sain●● john , sir john s●ymo● , sir thoma● so●e , sir william stri●kl●nd , ●ir john temple , sir thom●● trever , sir humph. tu●ton , sir william waller , th●m●● viscount wenman , sir henry wo●sly , sir ri●hard wynne , sir john young . in all 64. esquiers , g●ntlemen and lawyers . joh● alford , arthur ansley , mr. andrews , william ardington , john arundle , mr. a●cough , francis bacon , nathaniel bacon , edward bainton , ●ol . john barker , maurice barro , mr. bell , james bence , col. john birch , edward bis● , john bowyer , john boyes , major brooks , major general brown , samuel brown , serjant at law , francis buller , john bunkly , hugh buscoen , mr. bu●ton , mr. camble , william carren● , col. ceely , jame● chaloner , mr. clive , commiss. copley , john crew , thomas crompton , mr. crowder , thoma● dacre , john dormer , john doyle , mr. drake , robert ellison , mr. eri●●y , mr. evelin , edward fowel , william foxwi●t , john francis , james fyennis , nathaniel fyennis , samuel gardiner , francis gerard , thomas gewen , william glan●il , john glynne serjant at law , samuel gott , thomas grove , elias grymes , brampton gurdon , edward harby , col. edward harley , major harley , john hatcher , john ha●don , james herbert , john herbert , mr. hobby , thoma● hodges , denzel hollis , franci● hollis , george horner , edmund ho●kin● , john hungerford , col hunt , mr. jennings , william jones , george keckwich , richard knighly , col. lassel● , h●nry l●urence , col , lee , mr. lewis , col. walter long , mr. low●y , col. john loyde , mr. lucas , mr. lu●kin , john mainard , christopher martin , major gen. edward massey , thomas middleton , thoma● moor● , william morrice , george mountague , mr. nash , james nelthrop , alder●an nixon , mr. north , col. norton , mr. onslow , arthur owen , henry oxinden , mr. packer , mr. peck , henry pellam , william peirpoint , jervase pigot , mr. potter , mr. poole , col. alexander popham , mr. povy , m● . pri●ty , william prynne , alexander pym , charles pym , mr. rainscraft , mr. ratcliffe , charle● rich● col. edward rossiter , mr. scowen , mr. scut , col. robert sh●peot , col. shuttleworth , mr. spelman , mr. springat● , henry stapleton , robert stanton , edward stephen● , john steph●ns , nathaniel stephens , mr. stockfield , john swinfen , mr. temple , mr. terwit , mr. thistlethwait , mr. thomas , isaac thomas , mr. thynne , mr. t●lson , j●hn t●ever , thomas twisden serjeant at law , mr. vassal , mr. vaugha● , thomas waller , mr. west , he●ry weston , william wheeler , col. whitehead , henry wilkes , capt●in wingate , mr. winwood , thomas wogan , mr. wray , richard wynne . the total number , 203. besides the house of lords . an alph●betical list of all members of the late dissolved iuncto . james ash , alderman atkins , william ayre , mr. baker , col. bennet , col. bingham , daniel blagrave , mr. br●wster , willi●m cawly , thomas chaloner , mr. cecil the self-degraded earl of sali●bury , robert cecil his son , john corbet , henry darley , richard darley , mr. dixwell , john dove , mr. downe● , serj. earl , will . ellys , mr. feilder , mr. fell , col. charls fleetwood , augustin garland , mr. gold , john goodwin , robert goodwin , john g●rdon , mr. h●llowes , sir james h●rrington , col. harvy , sir arthur hasilrig , mr. hayes , mr. herbert the self-degraded earl of pembrook , roger hill , cornelius holland , col. hut●hi●son , col. ingol●by , philip jones , mr. leachmore , william lenthall speaker , john lenthall his son , john lisle , philip viscont lisle , thomas lister , nicholas love , col. ludlow , henry martyn a prisoner in execution , mr. mayne , sir henry mildmay , gilbert millington , col. herbert morley , lord viscont munson , a prisoner in execution , henry nevil , robert nicholas , michael oldsworth , dr. palmer , alderman pennington , sir gilbert pi●kering , john pine , edmond prideaux , william puresoy , thomas pury , robert reynolds , col. rich , luke robinso● , oliver saint-john , major saloway , mr. say , thomas scot , major general skippon , augustin skinner , mr. smith , walter strickland , col. sydenham , james temple , col. temple , col. thompson , serjant thorpe , john trencher , sir john trevor , sir henry vane , col. waite , mr. wallop , sir thomas walsing●am , col. walton , sir peter wentworth , edmond weaver , mr. white , serjeant wilde , sir thomas witherington , sir thomas wroth. the totall sum , — 92. ¶ note , that of these members ( whereof two are since dead ) there entred only 42. into the house at first ; that the rest came in to them by degrees , either to keep their old preferments , gain new , or regain the places they had formerly lost ( ●specially the lawyers , who notwithstanding their former complyances , are turned quite out of office , and dis-judged ; ) that 10. or more of them , came in by new writs issued in the name of the keepers of the liberties of england , after the kings beh●ading , and were no members of the long parliament ; that there were never 60. of them together in the house at once whiles they sate : and but 57. on the 11. and 12. of october last upon the great debate between them and the army officers : and some that sate formerly with them ( as the lord fairfax , john ●ary , and others ) refused to sit with them now , as having not the least colour of law , to sit or act as a parliament . yea , their speaker mr. lenthal , told the officers of the army and members , who came to invite him to sit again , may 6. that he had a soul to save ; and that he was not satisfied in point of law , conscience or prudence that they could sit again : b●t at last when he considered , he had an estate to ●ave ( as he told another friend ) that over-ballanced all his former objections : and made him , and other m●mbers act against their judgements , consciences , and to forg●t our savio●rs sad q●aeres , mat. 16.26 . what is a man profited if he should gain the whole world and lose his own soul ? o● , what shall a man give in exchange for his soul ? with that of jer. 5.29.31 . shall i not visit for these things ? shall not my soul be avenged on such a nation as this ? and what will ye do in the end thereof ? to fill up the vacant pages of this sheet , i shall propose 7. quaeres more to this late dissipated rump , to which i expect their satisfactory answer , ere they presume to sit again , as many of them endeavour . 1. whether they could with any colour of law , truth , reason , justice , co●scien●e heretofore , or can hereafter by virtue of their first writs and electio●s , intitle themselves , the parliament of the commonwealth of england , scotland , & ireland ; when by their writs , elections and indentures , by which they pretended to sit , they were only a small inconsiderable fragment , of the parliament of the late king and realm of england , but never of the realm of scotland or ireland , which have their * distinct parliaments from england , and no legal parliament of england , scotland or ireland : ever hitherto was or can be held without a king and house of lords , and a full house of commons , of which they are not the fift part ? 2. whether those interloping members elected since the kings beheading , and old parliaments dissolution by his death , by writs only in the name of the gaolers of the liberties of england , can fit , act , or joyne with the tayl of the old commons house , elected only by the beheaded kings writs , and so owning his royal authority in deeds , though abjuring it & kingship , by their declarations , votes , knacks , ingagements and new-coined oathes ? whether such a strange model as this , be not a violation of deut. 22.9 , 10 , 11. thou shalt not sow thy vineyard with divers seeds , lest the fruit of thy seed and vineyard be defiled . thou shalt not plow with an ox and an asse together . thou shalt not wear a garment of divers sorts , as of wollen and linnen together ? and as great an absurdity as that in horace , humano capiti cervicem jungere equinam ? 3ly . whether it will not be the extremity of folly and frenzy for this twice dissolved anti-parliamentary iuncto to conceit , that lambert and those army-officers , who have twice turned them out of doors with greatest infamy , and branded them with so many deserved marks of treachery , injustice , vsurpation , rashnesse , oppression , self-seeking , or the surviving numerous members of the ou● long parliament , or the counties , cities , boroughs , ports for which they served , the old house of peers , or our three kingdoms , will ever patiently permit them to sit or act as a lawfull parliament of england , scotland and ireland ; or submit to any of their anti-parliamentary knacks , taxes , excises , imposts , militia●s , orders , or usurped regal p●rliamental soveraign legislative authority ; without rising up unanimously against them , as the worst , impudentest , sottishest of trayt●rs , vsurpers , enemies to the peace and settlement , of our 3. kingdoms , ( as their last knack of octob. 12. their plea , and other late publications of their own , proclaim them to all the world ) which they have so miserably oppressed , impoverished , rent in pieces by their forementioned treasons , innovations , and complying with those ambitious , covetous army-officers , and jesuitical emissaries , whose designs , and their own self-ends they have only pursued , to the publike desolation of our kingdoms and churches ? and whether their re-secluding of the lords house , and their old surviving fellow-members will not be a justification , and ground for their own third ejec●ment & dissolution , by the army or others , if they presume to sit and act again without them ? 4. whether there be any probability or possibility , ( considering all the premises ) that any common souldiers , mariners , or other inferior officers in the army or navy , can expect any real payment of their arrears , or future pay , or the people of our 3. nations any trade , peace , ease , settlement in the least degree , but inevitable speedy desolation , confusion , destruction , unless they all cordially unite their endeavours , counsels , forces for the speedy convening , and secure un-interrupted fitting of a full , free and legal english parliament , according to the act of 17 caroli cap. 1. and declaring all such members of the twice-dis●ipated juncto , and army-grandees traitors and enemies to the publike , who shall openly and wilfully oppose this their just and necessary only probable means of their tranquility , safety , prosperity ? which they pretend to aim at in words and declaration● , but diametrically contradict by their proc●edings , as experience manifests , past all contradiction . 5. whether our protestant king , his brethren and follow●rs expelled out of their protestant realms , and forein allies territories , into popish idolatrous forein quarters , where they sojourn , to the hazard of their religion , souls bodie● , by the malice of the dissolved iuncto , army , republican saints ; may not now justly use that speech of ●nnocent persecuted , exiled david to king saul in the like case and condition , 1 sam. 26.19 . if the lord hath stirred thee up against me , let him accept an offring : but if they be the children of men , cursed be they before the lord , for they have driven me out this day from abiding in the inheritanc● of the lord , saying , on serve other gods ? and whether god by way of requital for this their transcendent impietie , and other premised crimes , treasons of all sorts , wherein they impeni●ently persevere , may not justly inflict on the iunc●o , army-grandees● and their posterities , that severe judgement threatned to the israelites , jer. 16.13 . deutr. 4.27 , 28. c. 28.64 , 65 , 66. therefore will i cast you out of this land , into a land that ye know not , neither ye nor your fathers ; and the lord shall scatter you among the nations , and ye shall be left few in number among the heathen whither the lord shall lead you ; and there you shall serve gods day and night , the work of mens hands , wood and stone , which neither see , nor hear , nor eat , nor smell ; where i will not shew you favour . and amongst these nations thou shalt find no ease neither shall the sole of thy feet ●ave rest , but the lord shall give thee there a trembling heart , and fa●ling of eyes , and sorrow of mind ; and thy life shall hang in doubt before thee day and night , and thou shalt have non● as●uranc● of thy life : in the morning thou shalt say , would god it were even ; and at even tho● shalt say , would god it were morning , for t●e fear of thine hea●t , and for the sight of thine eyes which thou shalt see : and there shall ye be sold unto your en●mies for bondmen and bondwomen , and no man shall buy you ? o tremble at the serious thoughts thereof , and be no more stiff-necked . 6. whether the memorable example of gods divine iustice upon lockier , an active agitator and leveller in the army , who had a principle hand in seising , & bringing the king to his death , cried out iustice , iustice , iustice openly against him , and spit in the kings face in westminster hall , when going to his trial , before his condemnation ; conducted him to the block ; and was within 3. moneths after condemned in a council of war by some of the kings own iudges , and shot to death as a m●tineer , in london , 27 april 1649● the tragical self-execution of thomas hoyle , alderman and knight for the city of yorke , one of the juncto , and high court of iustice , ( though he signed not the kings sentence ) and one who consented to , and subscribed the new engagement , against a king and house of lords , against his conscience , fo●mer oaths , covenant , and protestation he had taken● the horror whereof so terrified his conscience , that on the 30. of ianuary 1649. ( the very day● twelvemoneth of the kings execution ) he hanged himself with a cord in his chamber at westminster , about the very time of the day the king was there executed the year before . the execution of sundry levellers at burford that year , with iohn lilburnes double trial for his life soon after by cromwels own prosecution : his proceedings against saxbey , syndercombe , and other levellers , though his chief instruments to bring the king to justice , to seclude the majority of the members , and suppress the whole house of lords . the sudden and fearfull deaths of col. ven , rigby , and others of the kings judges ; the cashiering , close imprisonments , suff●ings of m.g. harrison , col. rich , col. overton , col. okey , lord grey of grooby , and others of the kings condemners by cromwell himself who engaged them therein ; the removal of iohn bradshaw , from his presidentship , and feudes between cromwell and him , who secluded him ou● of his f●●st instrumental parliament , in 1654. and after that threatned to imprison and question him for his life ; with the la●e pangs of conscience which col. william purefoye sustained before his death in september last , for having a hand in the kings bloud , which lay heavy on his heart , ( as he told some friends . ) to say nothing of oliver cromwels own death , septemb. 3. on which day he shed much protestant christian bloud in the battels of dunbar , and worcester , against the present king and his adherents : and his two sonnes sudden dismounting : may not justly awaken the stupid , seared consciences of all the dissolved juncto , and army-officers now living , who had any hand in the tragedies and powde●-plot against the late king and parliament ; to bring them to speedy , sincere , real publike repentance for them , before they sink down quick into hell ; or fall into like exemplary terrors , judgments , and self-executions ; and likewise deterr all others from treading in their nnwarrantable pathes : (1) all these thing● hapning to them for their examples , to the intent th●y should not lust after nor act those evil things , which they attempted , accomplished to their own prejudice , as well as the publike desolation : it being (2) better for such men never to have been born , than to become traytors to their own christian kings , parl. country , and to be registred to posterity amongst such who were born only for publike mischief , & happier never to have or enjoy the least power or strength , than to abuse it to the publike nusance of others . (3) p●stifera vis est valere ad nocendum . such a power , force as this , which some in late and present power have exerci●ed , if (4) st. augustin mistake not ; non sanitatis est , sed insaniae . nam & phreneticis nihil fortius , valentiores sunt sanis ; sed q●anto majores vires , tanto mors vicinior : avertat ergo de●● ab imitatione nostra fortes istos . 7. whether if the twice dissolved rump shall audaciously presume to sit and act again as a parliament , notwithstanding all out-goings of gods former signal providences , judgements , and the people , armie● general indignation against them ; we may not justly apply s. peters sentence concerning apostates to them , 2 pet. 2.2 , 22. w●iles they promise themselves ( and others ) liberty , themselves are servants of corruption ( and of the army too that turned them twice out of doors ) for of wh●m a man is overcome , of the same is he brought into bondage : but it is happened unto them according to the old prouerb ; the dog is returned to his own vomit again , and she sow that was washed , to her wallowing in the mire ; and the latter ●nd 〈◊〉 ( and will be ) worse with them than the beginning . with that parable of our saviour , mat. 12.43 , 44 , 45. lu. 11.24 , 25 , 26. when the unclean spirit is gone out of a man , h● walketh through dry places seeking rest , and findeth none ; the●● saith he , i will return to my house from whence i came ( and was cast ) out , and when he is come , he findeth it empty , swept and garnished : then goeth ●e and taketh with himself seven other spirits more wicked than himself , and they ●●ter in and dwell there : and the l●st state of that man ( yea of our kingdom , church , nation through their usurpations , whym●ies , pressures , ) is worse than the first : even so shall it be also unto this wicked generation , * extrema captivitas vestra gravior erit quàm prima ; as i told sir arthur haslerigg in westminster hall may the 5. 1659. two dayes before their las● session , when the commons house was sweeping and garnishing for the iunctoes return into it ; which they and we have found true by experience , and shall do so again if they presume to return in●o i● . finis . ●rrata . p● 46. l. 26. james , r. iohn nelthrop . notes, typically marginal, from the original text notes for div a56151e-310 a prov. 27.5 , 6● b prov. 28 . 23● * tit. 1.13 . c jer. 22.27 . c. 5.5 . ezech. 22.27 . * see a collection of the armies engagements , remonstrances , &c. p. 106 , ●o 145. * animadversions upon the armies remonstrance , nov. 20. 1648. p. 10 , 11 , 12. f see the 2. part of the history of independency . g see the republicans spurious good old cause briefly and truly anatomised , p. 1. to 6. 2 thess. 2.4 . b see their declarations and papers of april 20. and august 12. 1653● and true state of the commonweal●h of england p. 8 , to 12. * as he did col. overton , okey , and sundry others . * see his re●ired ma●s ( unintelligible ) meditation● . g jer. 17.5 . h isay 36.6 . * lu. 19.27 . i isay 24.21 . * jer. 9.2 , &c. k is●y 33.1 . jer. 9● , to 22. l isay 36.6 . ezeck. 49.9 , 7. m isay 30.14 . * in prynne the member recon●iled to prynne the barrester . a legal vindication against illegal taxes , a true and perfect narrative , p. 24 , to 34. a brief necessary vindication of the old and new secl●ded members●● . 5. * exact coll. p. 576 , 613. a collection of ordinances , p. 13.219 , 220. * gal. 6 , 7. a see the armies plea and declaration , 27 october . the printed votes , diurnals , and parliaments plea . a exod. 8.19 . psa. 118.23 . * 3 jac. c. 1 , 2 , * these voters certainly intended to make an endless trade of warr , and never to have any peace . * penned by mr. whitlock . * lenthall , whitlock , &c. * through fear of some army officers . * gen. 11.3 , to 10. * acts 5.39 . c. 23.9 . * see my true and perfect narrative , p. 92 , 93. * de beneficiis , l. 2. c. 20. * mark 9.34 . luke 9.46 . c. 21.24 . * the sexton● boy at westminster , who shewed his herse , at first said , here is the herse of oliver late protector ; the conqueror of england , scotland & ireland , whose crowns he ●ears upon his sword : and said he had order to say so . * see my concordia discor● * see my legal historical vindication , &c. * isay. 14.20 . the seed of evil doers shall never be renowned . * ps. 30.6 , 7. * hos. 2.6 , 7. * judges 19.30 . * understand ye brutish among the people : o ye fools , when will ye be wise ? ps. 94.8 . as the new committee of safety have 〈…〉 impose a new tax of , and quarter sold●e●● on the d●niers of it . * see my concordia discors . * 1 pet. 4.18 , 19. * jam. 2.11 . * had he writ ●t to a spaniard , no doubt the letter would have been in spanish , ( not english ) as well as the suprescription . * leopold . * condi● . * execution he means . * this intimates he was a priest or jesuit who writ it . * see my hidden works of darknesse , brought to publike light . * see mr. smiths 2. new books against the quakers , and dell , proving them to be papists . a is. 5 c 3. to 8. b psa. 66.7 . c john 8.44 , 45. ephes. 5.19 , 20 , 21. d ephes. 2.2 , 3. e micah 3.10 hab. 2.12 , f micah ● . 1 , 2 , 3 , 4 , 5. * my true and perfect narrative , p 58 , to 64. * rom. 2.2 , 3 , 8 , 9 , 12. h 2 pet. 2.7 , 8. i psal. 119 . 13● k judges 5.31 . l judges 4.15 . * psal. 12. ● , 2. ●sal . 94.1 . * ps. 37.38 , 39● 40. * cookes 4. instit , c. 1.75 , 76. nota. (1) 1 cor. 10.6.11 . (2) mat. 26 , 24 (3) seneca de cleme●●ia● l. 1. (4) enarratio in psal. 78. * theophylacti enar. in mat. c. ●● . see opus imperfectu● in mat. hom. 30. a full declaration of the true state of the secluded members case. in vindication of themselves, and their privileges, and of the respective counties, cities and boroughs for which they were elected to serve in parliament, against the vote of their discharge, published in print, jan. 5. 1659. by their fellow members. compiled and published by some of the secluded members, who could meet with safety and conveniencie, without danger of a forcible surprize by red-coats. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91189 of text r22149 in the english short title catalog (thomason e1013_22). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 152 kb of xml-encoded text transcribed from 31 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91189 wing p3965 thomason e1013_22 estc r22149 99871614 99871614 168767 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91189) transcribed from: (early english books online ; image set 168767) images scanned from microfilm: (thomason tracts ; 150:e1013[22]) a full declaration of the true state of the secluded members case. in vindication of themselves, and their privileges, and of the respective counties, cities and boroughs for which they were elected to serve in parliament, against the vote of their discharge, published in print, jan. 5. 1659. by their fellow members. compiled and published by some of the secluded members, who could meet with safety and conveniencie, without danger of a forcible surprize by red-coats. prynne, william, 1600-1669. [2], 54, [4] p. printed, and are to be sold by edward thomas, at the adam and eve in little britain, london : 1660. attributed to william prynne. includes a list of the secluded members. annotation on thomason copy: "1659. jan: 30"; the imprint date has been crossed out. reproduction of the original in the british library. eng england and wales. -house of commons. -parliament -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. a91189 r22149 (thomason e1013_22). civilwar no a full declaration of the true state of the secluded members case.: in vindication of themselves, and their privileges, and of the respecti prynne, william 1660 25187 202 0 0 0 0 0 80 d the rate of 80 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 aptara keyed and coded from proquest page images 2008-04 elspeth healey sampled and proofread 2008-04 elspeth healey text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion a full declaration of the true state of the secluded members case . in vindication of themselves , and their privileges , and of the respective counties , cities and boroughs for which they were elected to serve in parliament , against the vote of their discharge , published in print , jan. 5. 1659. by their fellow members . compiled and published by some of the secluded members , who could meet with safety and conveniencie , without danger of a forcible surprize by red-coats . mal. 2. 10. have we not all one father ? hath not one god created us ? why do we deal treacherously every man against his brother , by prophaning the covenant of our fathers ? 1 cor. 6. 8. nay , you do wrong and defrand , and that your brethren . london printed , and are to be sold by edward thomas , at the adam and eve in little britain . 1660. a full declaration of the true state of the matter of fact , concerning the secluded members of the house of commons of the parliament , begun at westminster , november 3d. 1640. for the clearer stating of their case , it will be necessary to have a retrospect to the year 1642. and to observe down-wards such proceedings , as had a direct influence upon this matter . in order whereunto it must be considered , that in the said year , some mis-understandings arising between the king , and his two houses of parliament , concerning some evil counsellors about the king , at which style his m●jesty took offence , the two houses in their a declaration of the 19. of may 1642. have this expression in answer thereunto , we his majesties loyal and dutifull subjects , can use no other style , according to that maxim in the law , the king can do no wrong : but if any ill be committed in matter of state , the council ; if in matters of justice , the judges must answer for it . they add further , b we cannot but justly think , that if there be a continuance of such i●l counsellors , they will by some wicked device or other make the bill for the triennial parliament , and those other excellent laws passed this parliament , of no value ; and we are resolved , the gracious favour of his majestie expressed in that excellent bill , for the continuance of this parliament , and the advantage and security which thereby we have from being dissolved , shall not incourage us to do any thing which otherwise had not been fit to have been done . and after by their c remonstr : of the 26 of may 1642. they gave this as a character of those evil counsellors , viz. these are the men that would perswade the people , that both houses of parliament containing all the peers , and representing all the commons of england , would destroy the laws of the land , and liberties of the people : wherein , besides the trust of the whole , they themselves in their own particulars , have so great an interest of honour and estate , that we hope it will gain little credit , with any that have the least use of reason , that such as must have so great a share in the misery , should take so much pains in the procuring thereof ; and spend so much time , and run so many hazards to make themselves slaves . and they conclude that declaration with these words : we doubt not but it shall in the end appear to all the world , that our endeavours have been most hearty and sincere , for the maintenance of the true protestant religion , the kings just prerogatives , the laws and liberties of the land , and the privileges of parliament : in which endeavours by the grace of god we will still persist , though we should perish in the work : which if it should be , it is much to be feared , that religion , laws , liberties and parliaments , would not be long lived after vs . jealousies and differences increasing between the king and the two houses , they came at length to an open war ; in the entrance whereunto , the lords and commons assembled in parliament , published a declaration in aug. 1642. in the preamble whereunto they assert ; d that a malignant party was then in armes against them , to the hazarding of his majesties person , and for the oppression of the true religion , the laws and liberties of this kingdom , and the power and privilege of parliament : all which every honest man is bound to defend ; especially those who have taken the late protestation , by which they are more particularly tyed unto it , and the more answerable before god should they neglect it . and finding themselves engaged on a necessity to take up armes likewise for the defence of those , which otherwise must suffer and perish ; they did then think fit , to give that account unto the world , to be a satisfaction unto all men , of the justice of their proceedings , and a warning to the people , to let them see the necessity and duty which lay upon them to save themselves , their religion and country . in the body of the e declaration they charge the malignant party , with an endeavour to possess the people , that the parliament will take away the law , and introduce an arbitrary government ; a thing which every moral man abhors , much more the wisedom , justice , and piety of the two houses of parliament ; and in truth such a charge , as no rational man can believe it , it being impossible so many several persons , as the houses of parliament consist of , about * 600. and in either house all of equal power , should all of them , or at least the major part , agree in acts of will and tyranny , which make up an arbitrary government ; and most improbable , that the nobility , and chief gentry of this kingdom , should conspire to take away the law , by which they enjoy their estates , are protected from any act of violence and power , and differenced from the meaner sort of people , with whom otherwise they would be but fellow-servants . they then further charge the said malignant party f to have combined to bury the happiness of the kingdom , in the ruine of the parliament , and by forcing it , to cut up the freedom of parliament by the root , and either take all parliaments away , or which is worse , make them the instruments of slavery to confirm it by law , and leave the disease incurable : with compelling the trained bands by force , to come in and joyn with them , or disarming them , and putting their arms into the hands of lewd and desperate persons , thereby turning the arms of the kingdom against it self ; and with an intention to destroy the parliament , and be masters of our religion and liberties , to make us slaves , and alter the government of this kingdom , and reduce it to the condition of some other countries , which are not governed by parliaments , and so by laws . and upon these grounds they conclude that declaration in these words . g therefore we the lords and commons are resolved , to expose our lives and fortunes for the defence and maintenance of the true religion , the kings person , honour and estate , the power and privilege of parliament , and the just rights and liberties of the subject . and for the prevention of this mischievous design , the alteration of our religion . and we do here require all those who have any sence of piety , honor or compassion ▪ to help a distressed state , especially such as have taken the protestation , and are bound in the same duty with us unto their god , their king and country , to come in unto our aid and assistance , this being the true cause for which we raise an army , under the command of the earl of essex , with whom in this quarrel we resolve to live and dye . and in the declaration and resolution of both houses , in answer to the kings proclamation against the h earl of essex , they have these words , viz. and whereas the lords and commons in parliament , did formerly choose the earl of essex to be captain general of such forces as are or shall be raised for the maintenance of the true protestant religion , the kings person , the law of the land , the peace of the kingdom , the liberty and propriety of the subject , and rights and privileges of parliament ; the said lords and commons do declare , that they will maintain and assist him , and adhere unto him the said earl , with their lives and estates in the same cause , as in conscience and duty to god , the king and their country , they are bound to do . and the i petition of both houses sent to the king by the earl of essex , when he marched in the head of the parliaments army saith , that they have for the just and necessary defence of the protestant religion , of his majesties person , crown : and dignity , of the laws and liberties of the kingdom , and the privilege and power of parliament , taken up arms . the two houses of parliament having thus taken up arms , and declared the cause thereof , no successe made them in the least to vary from it ; but in the very heat of the war , and whole prosecution thereof to the end , they asserted and adhered to the same cause , as appears in all their remonstrances , declarations , orders and ordinances , during the war : which being over-tedious to transcribe at large , some material passages to that effect , shall only be inserted , viz. in the k directions from both houses , given to the earl of essex , general of the army ; the cause is asserted to be , in defence of religion , his majesties person , the liberties and laws of the kingdom , and privilege of parliament and in the l declaration , and protestation of the lords and commons in parliament to this kingdom , and to the whole world , dat. octob. 22. 1642. ( a day before the battel of edghil , ordered to be read in all churches and chapels ) wherein they expresse their resolution , to enter into a solemn oath and covenant with god , they conclude with these words , viz. we doubt not but the god of truth , and the great protector of his people , will assist and enable us , in this our just defence , to restrain the malice and fury of those that seek our ruine , and to secure the persons , estates , and liberties of all that joyn with us : and to procure and establish the safety of religion , and fruition of our laws and liberties , in this and all other his majesties dominions ; which we do here again professe before the ever-living god , to be the chief end of all our councils and resolutions , without any intention or desire to hurt or injure his majestie , either in his person or just power . and whereas in the m kings proclamation of the 24. of octob. 1642. it is alledged , that the war raised against him , was to take away his life , to destroy his posterity , to change the protestant religion , to suppresse the law of the kingdom , and to take away the liberty of the subject , and to subject both to an arbitrary power ; and in one of his majesties declarations ▪ there was this allegation , that the army raised by the parliament , was to depose the king ; thereupon both houses of parliament in a declaration after the bloody battel of edghill , in answer to this charge and declaration , have these words , n we hoped the contrivers of that declaration , or any that professed but the name of a christian , could not have so little charity as to raise such a scandal , especially when they must needs know the protestation taken by every member of both houses , whereby they promise in the presence of almighty god , to defend his majesties person ; the promiss and protestation made by the members of both houses , upon the nomination of the earl of essex to be general , and to live and dy with him ; wherein is expressed , that this army was raised for the defence of the kings person . and in the same declaration , they rejoyce that his majestie , and his children escaped danger in that battel . in the o remonstrance of the lords and commons of the 2d . of nov. 1642. there is this passage . as god is witnesse of our thoughts , so shall our actions witnesse to all the world , that to the honour of our religion , and of those that are most zealous in it , we shall suffer more from and for our soveraign , than we hope god will ever permit the malice of wicked counsellors to put us to ; and though the happiness of this and all kingdoms dependeth chiefly upon god , yet we acknowledge that it doth so mainly depend upon his majestie , and the royal branches of that root , that as we have heretofore , so we shall hereafter esteem no hazard too great , no reproach too vile , but that we shall willingly go through the one , and undergo the other , that we and the whole kingdom , may enjoy that happiness which we cannot in an ordinary way of providence expect from any other fountain or streams , than those from whence ( were the poyson of evil councils , once removed from about them ) we doubt not but we and the whole kingdom should be satisfied abundantly . the same remonstrance also hath these words . p we do not say the royal assent is not requisite in the passing of laws , nor do , or ever did we say , that because his majestie is bound to give his consent to good laws , presented to him by his people in parliament , that therefore they shall be laws without his consent , or at all obligatory : saving only for the necessary preservation of the kingdom , whilst that necessity lasted , and such consent cannot be obtained . and again , (q) we did and do say , that the soveraign power , doth reside in the king , and both houses of parliament . it follows in the same remonstrance , r having the honour of god , and of his majestie , and the peace , freedom and prosperity of this kingdom , chiefly before our eyes in our propositions , and in all our actions , we rest assured , that both god and man , will abhor and abominate that monstrous and most injurious charge , laid upon the representative body of this whole kingdom , of desiring the ruins , not only of his majesties person , but of monarchy it self : and we appeal to all the world , whether worse words than these can be given us ; and whether it be not high time for us to stand upon our defence , which nature teacheth every man to provide for , and this kingdom ( unlesse it be very unnatural , and very unmindfull of it self ) cannot but afford to them , whom it hath intrusted , and by whom it is represented ; and if the major part of both houses , may sit free from force , we doubt not , but that they will not only make it good , that they have done themselves and the whole kingdom right in their de●larations , and offered no wrong , nor done any prejudice at all to his majestie , but also be very sensible of the great indignity offered to the representative body of this whole kingdom , by the contrivers of the kings answer , and will make such persons ( that delight to foul their own nests , and to cast dirt in the face of the kingdom ) instances of their exemplary justice , so soon as they shall be discovered , and brand both them and their doctrin with the marks of their perpetual scorn and indignation . and for a tast of their horrid doctrine , these particulars are mentioned from the declaration , that remonstrance answers , viz. s that his majestie , or any other person , may upon suggestions and pretences of treason , felony , or breach of the peace , take the members of parliament , out of either house of parliament , without giving satisfaction to the house whereof they are members , of the ground of such suggestion or accusation , and without and against their consent , so they may dismember a parliament when they please , and make it what they will , when they will . that the representative body of the whole kingdom , is a faction of malignant , scismatical and ambitious persons , whose design is and alwaies hath been , to alter the whole frame of government , both of church and state , and to subject both king and people to their own lawlesse arbitrary power and government , and that they design the ruine of his majesties person , and of monarchy it self , and consequently that they are traytors , and all the kingdom with them ( for their act is the act of the whole kingdom ) and whether their punishment and ruine may not also involve the whole kingdom in conclusion , and reduce it into the condition of a conquered nation ; no man can tell , but experience sheweth us , that successe often draws men not only beyond their professions , but also many times beyond their intentions . likewise in the t declaration of both houses , dated novemb. 7. 1642. for the encouragement of the apprentices , to list themselves under the earl of warwick , the cause is declared to be , for the defence of religion , and liberty of the kingdom , his majesties royal person , the parliament , and the city of london . in the u declaration of the lords and commons of the 17th . of december , 1642. the parliaments army is said to be raised for the necessary defence of the true protestant religion , the king , parliament and kingdom . and in the x declaration of both houses concerning a treaty of peace made by cheshire alone , it is held forth , that they ought not to withdraw themselves from the common cause , but to joyn with the parliament in the defence of the religion , and liberty of the whole kingdom , and with them to labour by all good means to procure a general peace and protection from the king for all his subjects , according to their general protestation . in like manner in the y declaration of the 7th . of january 1642. for a subscription of mony and plate for supply of the army , the cause of the war is expressed to be , for the preservation of religion , as well as the just and undoubted power and privilege of parliament , our laws and liberties from most apparent destruction . and in the z preamble to the propositions of both houses tendred to his majesty , fe●r . 1. 1642. they say , that they took up arms for the defence of our religion , laws , liberties , privileges of parliament , and for the sitting of the parliament in safety . likewise in the first a ordinances for a general weekly assesment , wherein the whole kingdom was to be satisfied , that they might freely pay their mony , the same cause is held forth . the b associations also of the several counties of the kingdom were setled for the same cause . in the year 1643. c the solemn league and covenant was taken by all members of parliament , and throughout the kingdom , in maintenance of the same cause , as appears by the covenant , and the exhortation to the taking of the same . the kingdom of scotland engaged with us in the same cause . and all d commissions to the generals and army-officers were in the name of king and parliament . and when a new army was raised of 20000. men under the command of sir tho. fairfax , by e ordinance of both houses dated the 13th . of febr. 1644. it is held forth to be , for the defence of the king and parliament , the true protestant religion , the laws and liberties of the kingdom . an ordinance , dated 3. aug. 1647. for raising of forces to be commanded by sir william waller , is for defence of the king , kingdom , parliament and city . lastly , ( to mention no more ) towards the end of the war the house of commons alone published a memorable f declaration , dated the 17th . of april , 1646. called , a declaration of their true intentions concerning the antient government of the kingdom , and securing the people against all arbitrary government , &c. wherein remembring the aspersions cast upon them in the beginning of the war , and that the same spirits were still working and mis-representing their intentions , and not ceasing aswell in print as otherwise , to beget a belief , that they then desired to exceed or swerve from their first ayms and principles in the undertaking of this war , and to recede from the solemn league and covenant , and treaties between the two kingdoms , and that they would prolong the troubles and distractions in order to alter the fundamental constitution and frame of this kingdom , to leave all government in the church loose and un●etled , and our selves to exercise the same arbitrary power over the persons and estates of the subjects ▪ which this present parliament hath thought fit to abolish , by taking away the star-chamber , high commission ▪ and other arbitrary courts , and the exorbitant power of the council-table ; all which being seriously considered by them , and fore-seeing , that if credit were given to such dangerous in●inuations and false surmise , the same would not only continue the then calamity , and involve us into new and unexpected imbroylments : but likewise inevitably endanger the happy issue and success of their endeavours , which by gods blessing they might otherwise hope for ; they did declare in these words ; we do declare , that our true and real intentions are , and our endeavours shall be , to settle religion in the purity thereof , according to the covenant , to maintain the antient and fundamental government of this kingdom , to preserve the right and liberty of the subject , to lay hold of the first opportunity of procuring a safe and well-grounded peace in the three kingdoms , and to keep a good understanding between the two kingdoms of england and scotland , according to the grounds expressed in the solemn league and covenant , and treaties , which we desire may be inviolably observed on both parts . and lest these generals should not give a sufficient satisfaction , they thought fit , to the end men might be no longer abused in a misbelief in their intentions , or a mis-understanding of their actions , to make further inlargement upon the particulars , most worthy a diligent peru●al and consideration . amongst which they have this observable passage , viz. and whereas a safe and good peace is the right end of a just war , there is nothing we have more earnestly desired , nor more constantly laboured after , and to that purpose both houses of parliament have framed several propositions to be sent to the king ; wherein we are so far from altering the fundamental constitution and government of this kingdom , by king , lords and commons , that we have only desired , that with the consent of the king such powers may be settled in the two houses , without which we can have no assurance , but that the like or greater mischiefs than these , which god hath hitherto delivered us from , may break out again , and ingage us in a second and more destructive war . whereby it plainly appears , our intentions are not to change the antient frame of government within this kingdom , but to obtain the end of the primitive institution of all government , the safety and weal of the people . and then that declaration concludes thus , and for the covenant , we have been and ever shall be very carefull to ob●erve the same , that as nothing hath been done , so nothing shall be done by us repugnant to the true meaning and intention thereof , nor will we depart from those grounds and principles upon which it was framed and founded . this decl. was then indeed of that moment , to quiet the jealousies , and settle the distempers of the kingdom , g that 4000 of them were ordered to be printed for the use of the parliament . and the knights and burgesses ordered , to take care for the speedy sending down and publishing them in the respective counties and places for which they ●erved . and by special order of the house , sir arthur has●erig , sir john eveling , and two others , were to take care that the printed declarations were published , set up , and ●●xed in every parish-church by the church-wardens , or other officers of the said parish , which they were by the said order required and enjoyned to ●ee published , set up and fixed in the said parish-church accordingly . way being thus made to the narrative and treaty , we proceed . the two houses of parliament , having thus for the space of six years or thereabouts , been ingaged in a war , for the defence and maintenance of the protestant religion , the kings person , honour and estate , and his royal posterity , the power and privileges of parliament , and the laws and liberties of the kingdom , as appears by all their said declarations , orders , ordinances and publick writings , in the prosecution wherof , they did also declare , * that there was a design carried on by the forces levied against the parliament , to alter our religion , and the antient frame and constitution of the government , both in church and state , and the laws and liberties of the kingdom , and to introduce popery and idolatry , together with an arbitrary form of government . and having in the heat of the war , sent propositions several times , and entred into divers treaties with his late majesty , for a safe and well-grounded peace , which had not the desired effect ; at the cloze of the war , finding the distempers of the kingdom continued , though all adverse armies and garrisons were reduced , and well remembring , that in the begining of the war , they had called god to witnesse , that the safety of the kingdom and peace of the people was their only aime ; they did in july 1648. resolve upon a personal treaty with the king , the general desires of the city of london , and the rest of the people concurring therewith . and in pursuance thereof , the commons assembled in parliament , that they might have a full house , published the following declaration . die martis 5. septembris 1648. a declaration of the commons assembled in parliament , concerning the summoning of the members to attend the house on tuesday the 26. of septemb. 1648. whereas , both houses of parliament have agreed upon a personal treaty with his majestie , which is speedily to commence , for the management whereof , the * attendance of all the members of parliament , wil be very necessary , because in the multitude of counsellors there is safety , and in the successe thereof , the alaying of the present distempers , and future happinesse of this kingdom , is so highly concerned ; it is therefore ordered and declared by the commons assembled in parliament , that the respective sheriffs of each county , within the kingdom of england , and dominion of wales , do forthwith upon receipt hereof , give particular notice to all the members of the house of commons , residing and being within their respective counties , to attend the house on tuesday the 26th . septemb under the penalty of twenty pounds , fixed upon the defaultors ; that day being appointed for calling of the house . the members attended from all parts accordingly , and there were appointed the earls of northumberland , pembrook , salisbury , middlesex , and the lord say , for the lords house ; and mr. william pierpoint , sir henry vane , junior , and eight more of the house of commons , commissioners to carry on the treaty with his majestie , at the isle of wight ; who took great pains therein , and finished the treaty by the end of november . and on december the first , the commissioners of the house of commons , made their report of the treaty in the house ; who presently entred into debate thereof , and continued the debate , dec. 2d . 3d. 4th . & 5th . when after a long , and serious debate , in a full house ( notwithstanding the menaces of the army , who had marched up to london , and westminster , contrary to the orders of the house , removed their own guards , and put new ones upon them , and their insolent and rebellious declaration of the 20th . of novemb. 1648. ) they came to this resolution , without any division of the house , viz. die martis 5. decembris 1648. resolved upon the question , that the answers of the king to the propositions of both houses , are a ground for the house to proceed upon , for the settlement of the peace of the kingdom . the just grounds and reasons of which vote , do partly appear in all the forecited declarations , and proceedings of both houses during the war , the oaths , protestation , league and covenant , they took as members ; the writs by which they were elected , and the indentures by which we were returned , impowered , intrusted ; but more particularly in the vindication of the imprisoned and secluded members of the commons house , from the aspersisions ●ast upon them , and the majority of the house , in a printed paper of the gen-council of officers , jan. 3. in answer to the demands of the commons assembled in parliament , concerning the securing or secluding the members , jan. 20. 1648. and * much more might be added , if that were our present work ; but intending a bare narrative of matter of fact , we proceed . the same day the house appointed a committee , viz. mr. william peirpoint , and others to go to the officers of the army for the preserving of a right understanding and good correspondency between the house , and the general and army . the committee repairing to the head quarters that afternoon , were so rudely entertained , that some of them were secured by the army-officers , and the rest put off and slighted without any conference that day . the members comming in the usual manner to the house on wednesday the 6. of dec. the army-officers ( contrary to orders of the house ) having sent divers regiments of horse and foot early in the morning to westminster in a hostile manner , they placed themselves in the palace-yard . court of requests , the hall , court of wards , the stairs , and the lobby of the house , and all the avenues , to imprison and seclude those members who assented to the vote ; colonel pride and other officers who commanded the guards having in their hands an alphabetical list of the members names designed to be secured and secluded , given them ( as they confessed ) by some of the d●ssenting members , above forty of them were imprisoned , and above a hundred more of them forcibly secluded that very day , and the next , and * two pulled out of the house it self , into which they were got before the officers espyed them . the 43. members they had seised ( being the legal number of a house capable to vote ) they secured that day in the queens court , and afterwards for several daies ; using them in a barbarous and inhuman manner , forcing them the first night ( though divers of them grave aged persons of quality , and tenderly bred , ) in that cold frosty snowy weather , to lye upon the bare boards , in a place called h●ll in westminster , and next night ( after a whole daies attendance on them at whitehall , without vouchsafing to speak with any of them , though sent for & carried ●hither to confer with them ) sent them prisoners to the kings head and swan in the strand , through the snow and di●t , guarded with three musquiteers apiece , and horse besides , like the vilest felons and traytors , in such sort as no prisoners of war , of any quality , were ever used by them , and detained most of them prisoners sundry weeks at the said common● innes , though many of them had houses of their own in town , sendi●g some of them close prisoners to st. james , and afterwards to windsor castle , and other garrisons divers years space , without the least particular accusation , impeachment , hearing or tryal , their dissenting fellow-members the● sitting , not so much as compassionating their barbarous usages , or taking any effectual course for their inlargement . those few members permitted by the army to fit , dec. ● . had ye● so much seeming resentment of this greatest and most horrid violation of the privileges of parliament , ever attempted in any age , that as it appears in the iour●all of the house , wednesday the sixe of december , 1648. the house being informed , that divers members comming to attend the house were stayed and carryed to the queens court or court of wards , commanded the serj●ant to go to them , and require them to attend the hou●e . mr. 〈◊〉 brings word , that he signified to the members in the queens court , viz. that it was the pleasure of the house , that they should forthwith come and attend the house : the members seemed willing to consent , but an officer there gave him this answer , that he could not suffer them to come , untill he had received his orders which he had sent for . the same day lieut. col. axtel , & others coming with a message from the general , they were twice called in , and acquainted the house , that his excellency the lord general , and the general council of officers had commanded them to acquaint the house , that they had something to declare to this house this morning , of very great concernment , which will be presently ready for their view . this seems to be a message sent to prevent the house rising before they came , their proposals not being yet ready . mr. speaker returned answer ; that the house will be ready to receive it . some space after , the officers from the general , coming to the door , they were called in , and * col. whaley acquainted the house , that they were commanded by his excellency the lord general , and the general council of the officers , to present something to this house , the which the officers being withdrawn was read , and was directed , to the honorable the commons of england , in parliament assembled , and entituled ; the humble proposals and desire of his excellency the lord general , and the general council of officers , decemb. 6. 1648. in order to a speedy prosecution of justice , and the settlement , formerly propounded by them . the said proposals were ushered in with two words , propound and demand , language unfit for a parliament , and stuft with falshoods , and unjust scandals against the imprisoned and secluded members ; and chiefly they took particular notice of the vote of the said 5. of decemb. charging the said members with breach of trust therein , and desired , that all such faithfull members , who are innocent of the said vote , would immediatly by protestation or publick declaration , acquit themselves from the guilt of concurrence in the said vote , that the kingdom may know who they are that have kept their trust , and distinguish them from the rest , that have thus falsified the same ; and that all such , as cannot or shall not so acquit themselves particularly , may be immediatly excluded and suspended the house , and not re-admitted , untill they shall have given clear satisfaction therein , to the judgement of those who now so acquit themselves , and the ground of such satisfaction be published to the kingdom . notwithstanding these proposals , the house then resolved that the committee formerly appointed , do confer with the general for discharge of the members . thursday the 7th . of december 1648. ( as appears by the entries in the journal ) a letter from sir thomas dacres , and mr. dodderidg , dated the same day , half an hour past 9. in the morning , was read in the house , signifying , that coming to attend the house to do their duties , they were kept back by force . the like signification was made of the like usage to sir edward partridge . also a letter from westminster , 7th . decemb. 1648. from sir martin lumley , sir john temple , george booth , thomas waller , thomas middleton , mr. brampton gurdon , esay thomas , and arthur owen , signifying their restraint from coming to the house , to do their duty there , by some of the souldiers of the army . the same day mr. pierpoint delivers in two papers from the conference with the general , appointed by order yesterday , for the discharge of the members , the which were read , viz. the committees first paper . vve having command from the house of commons , to let y●ur excellency know , that divers members of the ▪ house of commons , are this day taken and detained by your excellencies army : it is their pleasure , that they be discharged , for which we desire your excellencies present order , that it may be done accordingly . the general , and general council of officers answer . having seen the order , upon which your last paper is given in , we do not conceive it to be the * positive pleasure of the house , that the members be discharged ; but concerning their discharge , for which you are appointed to confer , so soon as we shall receive the resolution of the house , upon that paper , this day sent in by us to the house , which concerns those persons detained , we shall then be prepared , to give you answerable satisfaction , in relation to that particular . the committees second paper . in answer to your paper of the sixt of decemb. instant , now delivered , wherein you do refer to a paper , sent by you to the commons , we affirm , that since the reading of that paper by the house , it was exprest by them to be their positive pleasure ▪ that the members of that house , this day taken and detained , by some of the officers and souldiers of the army under your excellencies command be forthwith discharged and therefore we do insist that according to our former paper , the said members be forthwith discharged the general council of officers final answer . in return to your last paper , concerning your insisting for the discharge of the members , we refer to our former answer , and have no more to say to that particular , till we receive the resolutions of the house upon our paper this day sent to them , decemb. 6. 1648. the house being thus twice ba●led and positively disobeyed by the officers , did nothing hereupon : yet these demands of their release notwithstanding the armies proposals and papers , evidence , that they did not deem their vote , any ●reach of their trust , or just ground for their seclusion . after this , several attempts were made by divers members , which the army still suffered to sit , viz. william pierpoint , esq sir john evelin of wilts , william ashurst , esq mr. nathaniel stephens , and many others , to have the so highly broken privileges and freedom of parliament vindicated , and pressed hard , that * according to the constant course of parliament , no proceedings might be till that were first done ; but labouring many daies in vain , and finding the force continued upon the house , and secluded members , they also withdrew , and never sat since . after their withdrawing , dec. 12 , & 13 the sitting members repealed and nulled the votes of febr. 28. & dec. 5. according to the armies proposals : and this was the first time the house declined their privileges . tuesday the 14th . of de● . 1648. the question being propounded , that a committee do go unto the general , to know of him upon what ground the members of the house are restrained , from coming to the house , by the officers and souldiers of the army , the house was divided . the year went forth . tellers for the noes , 18. mr. smith . mr. martin . tellers for the yeas , 35. mr. cary . mr. pury . so it passed with the affirmative , for the members . resolved , that a committee do go unto the general , to know of him upon what ground , the members of the house are restrained from coming to the house , by the officers and souldiers of the army . and a committee was appointed accordingly . hitherto the major part of the house , appeared sensible of their privilege , though most of the members were imprisoned , secluded , or withdrawn as aforesaid , and there were but 18. of 53. in the negative . friday the 15th . of decemb. a committee was appointed to enquire , who printed , contrived or published , the scandalous paper , entituled , a solemn protestation of the imprisoned and secluded members of the commons house , against the horrid force and violence of the officers and souldiers of the army , on wednesday and thursday last , being the 6. & 7. of decemb. 1648. which did declare all proceedings in the house of commons , null and void , during the forcible seclusion of the majority of the members , and the actual force upon the house , according to the ordinances of both houses , aug. 20. 1647 and ▪ the same day an ordinance passed both houses , ( when there were but 53. commons , and 4. lords present ) against the said protestation ; judging and declaring , the said printed paper to be false , scandalous and seditious ; and that all persons , that have had any hand in , or given consent unto the contriving , framing , printing or publishing thereof , shall be adjudged , and hereby are adjudged , uncapable to bear any office , or have any place of trust or authority in the kingdom , or to sit as members of either house of parliament . and they did further order and ordain , that every member of either house , respectively then absent , upon his first coming to sit in that house whereof he is a member , for the manifestation of his innocency , shall disown and disclaim his having had any hand in , or giving consent unto the contriving , framing , printing or publishing of the said paper , or the matter therein contained . but as no member was charged with , or convicted in particular of having any hand in the said paper , so it doth not appear by any entry in the journal book of the house , that any member was put to such disavowal or disclamor , which if they had , there is no doubt they would generally and freely have made it . monday the 18th . of decemb. 1648. before any return was made by the general , of the grounds upon which he restrained the members from comming to the house , in complyance with the said proposals of the army , they resolved upon the question , that this house do declare , that liberty be given to the members of this house to declare their dis-assent to the vote of the 3d. of december , 1648. and the same day they ordered , that it be referred to the former committee for drawing an attestation , to bring in a declaration , how and in what manner and form the said dis-assent shall be entred . this was the second time that the house declined their privileges . wednesday , decemb. 20. 1648. the house again debated the question , whether the former message to the general be renewed by the same committee , concerning the members that are absent ; and it was carryed in the affirmative by 32. against 19. so at that time there were but 19. in the house , against the restoring of the members . the same day , mr. scot reports the opinion of the committee appointed to draw a declaration , how and in what manner and form the dissent of the members to the vote of the 5th . of decemb. 1648. shall be entred . and 't was resolved that the manner be , that such gentlemen as were present at the vote , do stand up and say , that they did dissent from the said vote ; which form , contrary to all presidents , and the very being and freedom of parliament , being agreed upon , the same day the dissent of the members following is entred , viz. col. boswell . lord gray . mr. peregri●● pel●am . col. jones . mr. richard darley . col. temple . sir thomas malevery . sir john bouchier . col. peter temple . mr. humph. edwards . mr. james challenor . sir gregory norton . mr. oldsworth . mr. garland . mr. nich. l●ve . mr. lisle . col. rigby . mr. holland . col. ludlow . mr. clement . col. purefoy . col. stapley . mr. dunch . mr. cawly . col. downes . mr. cary . mr. blaxtone . mr. scot . sir john danv●rs . mr. henry smith . mr. john pry . mr. george serle . mr. dove . in all 33. so that it appears there was not yet the number of a house , which must be forty at the least , that dissented to that vote , though above 200. were kept away by force concurring with it . decemb. 21. col. hutchinson . sir hen. mildmay . sir james harrinton declare their dissents to the vote of decemb. 5. monday dec. 25. 1648. col. harvey . alderman pennington . mr. main . alderman atkins . mr. blagrave . col. m●or . mr. millington . declare their dissents to the said vote of decemb. 5. there being now almost after three weeks time , and such strange tran●actions as before , only 43. dissenters to the vote of decemb. 5. 1648. and that in obedience to the armies proposals of the 6th . of december . upon thursday the 11th . of january 1648. the house was conceived sufficiently garbled and fitted for the humble answer of the general council of officers of the army , jan. 3. to the demand of the house dec. 14. touching the late securing or secluding the members thereof ; which was this day read ; and though the same was notoriously false , and highly scandalous to the secured and secluded members , as appears by their vindication published the 20th . of january , which never received reply : yet the house ▪ ( without so much as summo●ing or hearing of the said members , ) resolved , the said 11th of january , that they approve of the substance of the said answer of the general council of officers of the army , to the demand of the house , touching the securing or secluding some members thereof . and appointed a committee of the dissenters to consider , what was further to be done upon the said answer of the general council , and to present the same to the house . and because ( it seems ) the said committee was slack in meeting and making their return . on monday the 29th . of january , the house , consisting of the said 43. dissenters , ordered , that the said committee be enjoyned to meet and bring in their report on monday next . but to give them a sure rule to walk by , and to prevent the sitting of any but dissenters , it was resolved , at the same time , that no member of this house that gave his consent to the vote of the fifth of december ●●●t , do presume to sit in this house , untill this house take further order ; though it was evident the dissenters ▪ were yet but 43. and the number present at the votes were 244. so that by this vote made but by the 43. who had entred their dissents , all others must be presumed to be yet con●●nters to the vote . this last vote brought in afterwards by degrees some more dissenters for thursday , february 1. 1648. mr. whitaker . the lord monson . mr. weaver . mr. lassells . mr. boon . mr. t. chaloner . mr. waite . mr. harbert . mr. mackworth . mr. poynes . mr. miles corbet . mr. say . sir thomas jervice . mr. trenchard . alderman wilson . mr. wogan . mr. baker . sir tho. witherington . mr. pury . mr. heveningham . mr. gratwick . sir edward bainton . mr. james nelthrop . mr. brewster . sir * gregory norton . mr. prideaux . mr. thorp . mr. whitlock . sir h. vane junior . the lord lisle . entred their dissents . the dissenters being now in almost two months time come to the number only of 72. they did on the same first of february make the order following , viz. whereas on the 18th . of december last , this house did order and declare , that liberty be given to the members of this house to declare their dis-assents to the late vote of the fifth of decemb. 1648. that the kings answer to the propositions of both houses , was a ground for the house to proceed upon for the settlement of the peace of this kingdom ; and afterward viz. on the 20th . of decemb. did order , that the clerk should enter the names with the dissents of such members as declared their dissents in manner then directed ; whereupon divers members that day present , and others at several times since , did cause their names and dissents to be entred accordingly . and whereas it hath been further admitted in behalf of members absent from the said vote , that any such member might have liberty to express his dis-approving the said vote of the 5th . of decemb. it is now resolved and declared by the commons assembled in parliament , that such members who ( being present at the house on the 5th . of decemb. ) did dissent from the said vote , and from the putting that vote to the question ; or being not then present do dis-approve of the same , and have not already declared in and to the house such their dissent or dis-approval of the said vote , may declare their respective dissent or dis-approve of the said vote to the committee herereafter nominated , viz. mr. scot . mr. martin . sir john danvers . mr. millington . mr. hutchinson . sir will. constable . col. moor . mr. challoner . mr. list . mr. hayes . mr. whittaker . sir tho. jervis . mr. trenchard . sir t. widderington . mr. cawley . col. downes . col. temple . mr. cary . mr. serj. thorp . mr. blackiston . lord lisle . col. purifoy . sir . mich. livesay . col. stapely . lord gray . lord monson . alderman wilson . col. bosvile . mr. boon . mr. heveningham . sir gregory norton . or any three or more of them . who are hereby constituted and appointed a committee , to receive and take notice of the declarations of any such member his dissent or disapproval respectively , that shall desire to declare and enter the same ; and the said committee are hereby required to make present report of the same to the house , and shall from time to time be heard therein before any other business , or next after the business then in debate , to the end such dissents or disapprovals may be entred in the books of the house , and such members thereupon admitted ; and to that purpose the said committee or any three of them are to sit when and where they think fit and convenient . and it is further resolved and ordered , that no member of the house whose dissent or disapproval of the said vote hath not been already entred , do henceforth presume to sit in the said house , untill his dissent from the said vote of the 5th . of december , ( if he were then present ) or disapproval thereof ( if then absent from the house ) shall be by himself personally declared to the said committee , and from thence reported to the house , and entred as aforesaid ; and that such members of this house , and every of them whose dissent from , or disapproval of the said vote respectively ( being not already declared and entred in the house ) shall not be declared to the said committee as aforesaid , before the first day of march next , shall from thenceforth be , and are hereby declared from thenceforth , to stand and be suspended from voting or sitting any more in this house , or any committee by this house appointed , untill they shall both declare such their dissent or disapproval to the said committee as aforesaid respectively , and shall also have given satisfaction to this house concerning their delay thereof beyond the said appointed time , and untill they shall be thereupon restored by particular order of this house . after this antiparliamentary order , ( destructive to the privileges , freedom , vote● , and members of the house ) some few members dissented or disapproved the said vote , upon several daies , as they were inclined or prevailed with thereunto , before the first of march , the time limited by the said order . and wednesday febr. 28. 1648. it was ordered , that no advantage be taken against sir peter wentworth , sir john barington , col. fleetwood , mr. aldworth , mr. robert andrews , alderman hoyle , and mr. stockdale , for not haviug entred their dissents before the first of march . monday the fifth of march , 1648. it is is ordered , that it be referred to mr. lisle , mr. scot , mr. holland , col. ludlow , and mr. luke robinson , or any three of them , to receive what shall be tendered for satisfaction of such members as have not entred their dissents or disapproval to the vote of the fifth of december last , before the first of march , and to report their opinions to the house , concerning such members as they shall receive satisfaction from . the committee being some of the most eminent dissenters to the vote when it was past , and so not very inclinable to receive satisfaction from those members intended by the order , there are very few appearing in the journal to have been admitted upon their reports into the house in three months after , but as if too many had been received already , they intended a new test and purge to feclude the majority even of those who dissented from or disapproved our former vote ; for their journal attests , that on saturday , june 9th . 1649. this question was propounded : that none of the members that have sate in the house since the 11th . of jan. 1648. shall be hereafter admitted to sit in this house , who shall not first acknowledge and assert the just authority of this house , in making the act for erecting an high court of justice for trying & judging the king . and the question being put , whether this question be now put , the house was divided . and it was carried in the negative by 27. against 22. that this question should not be put . so that the major part of themselves were not then ripe for what the minor would have them swallow . thereupon the very same day a final barre is put by them upon all the secluded members by this following order , printed for that end , viz. ordered by the commons assembled in parl. that none of the members of this house , who by vertue of the order of february , 1. 1648. do yet stand suspended from voting or sitting any more in this house , shall henceforth be admitted capable to sit , or have voyce in this house during this present parliament , who shall not before the 30th . of this instant june address themselves to the committee appointed by order of the fifth of march , 1648. for receiving what should be tendered for satisfaction by such members as had not entred their dissent or disapproval to the vote of the fifth of december last , before the first of march , and shall not before the said 30th ▪ of june instant give such satisfaction to the said committee , according to the said order , as this house shall approve of : but the house will after the said 30th of june instant proceed to take order for the election of new members in their rooms . after this order , though they sate till april 20. 1653. without itterruption , yet they never issued out any writs for elections of new members , monopolizing the supreme and parliamentary power into their own hands without copartners , as now again . april 20. 1653. they were forcibly ejected , and turned out of the house themselves by the army-officers for above 6. years , till on saturday may 7. 1659. about 40. of the members ( interrupted in april 1653. and by reason of divers new governments interposing , never durst re-assemble to sit or act ) upon the army-officers invitation , went sodainly again into the house ; whereupon * divers of the secluded members , then casually at westminster , so soon as they heard they were sitting , the same morning went to the house door , & claimed their privilege of sitting , but were forcibly secluded then , and on may the 9th . by armed gards : and to continue their seclusion , the house ordered the 9th . of may , that such persons heretofore members of this parliament , as have not sat in this parliament , since the year 1648. and * have not subscribed the engagement , in the roll of engagement of this house , shall not sit in the house till further order of the parl. at this time they were more tender of excluding the major part of the members of the house , and only ordered , their not sitting till further order , not at all conceiving that they were duly discharged , or dismembred by their former orders , in the years 1648. and 1649. as now . after this they being forcibly interrupted and dispersed again , on the 13. of oct. last , and not suffered to sit till the 26. of dec. following ; upon the 27. of dec. many of the secluded members , then in town , being informed of their sodain re-assembling in the house did again ●●im thei● right of sitting in parliament , but were by their orders kept out of the lobby and house , by their armed gard● and officers , and received the usage that hath in a narrative thereof , been published to the kingdom . since that time , viz. on thursday the 5th . of jan. 1659. the day appointed to consider of the case of absent members ; without calling the members , or admitting them which were at the door to fit , or appear in the house , it was resolved , by the major part of about 47. members only then present ; that upon the whole matter of the * report touching absent members , the parliament doth adjudge and declare , that the members who stand discharged from voting or sitting as members of this house , in the years 1648. and 1649. do stand duly discharged by judgement of parliament , from sitting as members of this parliament , during this parliament . and it is ordered , that writs do issue forth for electing new members in their places . and to prevent any vindication of our selves , against this vote behind our backs , upon monday the 9th . of jan. 1659. ( but 4. daies after the vote ) a party of about 40. red-coats were sent to seize us , at one of the members houses in drury-lane , where the council of state ( it seems ) had notice , and we did not conceal it , that some of us were met together : but being gone a little before , they mist of us , though they searched the house at pleasure . this resolve being , as appears , intended , finally to exclude the said members , though double the major part of the house , & leaving them ( without any cause therein expressed ) under a reflexion of the highest nature , as persons duely expeld the house , during this parliament , and ordering writs to issue forth for electing new members in their places ( a proceeding never used towards a single member , but upon breach of trust , or some high misdemeanor , much less to many , least of all to the majority of the house ) hath in justice to our selves , and the counties and places for which we are intrusted , necessitated us , by this declaration , fully to state the whole matter of fact , and upon the whole , to ●aise such observations and concl●●sions , as we hope may evince , that we are not duely discharged , and that the judgement , if there be any given , is void in law , against the said members , whereof we have in the end of this declaration inserted a perfect list . first , it is manifest by the state of the fact , that on the 6th . and 7th . of decemb. 1648. and since , the said members being then and now the major part of the house of commons , have been by force of arms , and still are , ●estrained from coming or entring into the house , though they have several times renewed their claim , only upon the army-officers proposals and desires , dec. 6. 1648. 2ly . that from that time to this day , there hath been no legal accusation or impea●hment exhibited against them , or any of them in parliament , as a ground for a judgement of their supension or exclusion . 3ly . that they were never summoned nor called to hear or answer any charge , nor ever heard in the house , nor particularly convicted , nor yet named in any order or vote for their suspension or exclusion . 4ly . that all the pretence appearing for their exclusion in all the recited votes and orders , is only , their ay to the vote of the fifth of dec. 1648. ( that the answers of the king to the propositions of both houses , are a ground for the house to proceed upon for the settlement of the peace of the kingdom , ) they being then and still the major part of the house : and for refusing ( upon the demands of the army , and orders of the minor part of the house made after they were forced away ) to enter their protests against and dissents from that vote , which was passed by them in judgement and conscience , upon unanswerable grounds of reason , justice , honour and faithfulness ; or , for not disapproving the said vote . 5ly . that the members permitted to sit after , and under the force , dec. 6. did several times positively order the secured and seluded members to be forthwith discharged ; and that after the demands and proposals of the army ; which shews , that they did not then judge them guilty of breach of trust by this their vote . 6ly . that many of the members that were suffered to sit , when they saw no hopes of preserving their privileges and the freedom of parliaments against this force , did voluntarily withdraw themselves , and have ever since remained in the condition of secluded members , and are now comprised within the vote of ian. 5. and former orders . 7ly . that the members formerly secured and secluded by the army-officers in dec. 1648. against the votes of the house , for their discharge , for their vote dec. 5. are now for the self-same vote alone , even by order and command of those now sitting members ( after their own double dissipation by armed violence ) forcibly excluded both the house and lobby , by armed gards and army-officers , and likewise discharged from sitting as members of the house during this parliament . 8. that the forcible suspension and secluding of the majority of the house , till they retract , and enter their particular dissents against , and disapproval of their own votes , was first introduced and imposed by the general council of army-officers proposals , to subvert the privileges and freedom of parliaments : and in obedience to their desires , it is afterwards several times voted , ordered and ratified by the sitting members , to bar us from all future sitting , or voting in the house as members , during the parliaments continuance , and made the secundary ground of our exclusion and discharge , though never in use before , from the begining of parliaments , till this day , and that in relation to this vote alone . an anti-parliamentary president , fit only for everlasting oblivion . 9ly . that for the mi●or part thus to sway in councel by help of an external force , when reason within doors could not carry it , is a course of proceeding altogether illegal , irrational , and unparliamentary ; the determining of questions and controversies by the major vote , being essential to parliaments and great councils , authorized by the usage and experience of all ages and nations , without which it is impossible to settle any government in church or state , or make any final judgement in courts or councils , without resolving all into the mere will of a few single persons . upon all which grounds , we are so far from r●tracting the said vote of decemb. 5. that as both by the vindication of the secluded members , published in january , 1648. and by this declaration , it stands unanswerably justi●ied to all the world , so we foretold the sad effects that would follow the varying from it , and are now confirmed in the necessity and prudence of that resolution by eleven years further consideration , and the many sufferings , calamities , strange unsettlement , and revolutions of government ; which the not hearkning to the advice of that vote ( then the judgement of the whole kingdom , being past by the major part of their representatives ) hath brought upon us ever since , whereof we can yet see no end . having thus truly and fully stated the matter of fact , relating to our former and late seclusions , and the premised vote of jan. 5. for our discharge & exclusion out of the house , during this parli●ment , only for our vote , dec. 5. 1648. upon the armies proposals , without any particular accusation , hearing , trial , or judgement pronounced against us , or any one of us by name at the bar ; we shall in the next place briefly demonstrate the illegallity , injustice and nullity of this general uncertain vote , by which we are thus by wholesale discharged behind our backs . 1. by orders , customs , presidents , and judgements in parliament . 2ly . by the laws and statute● of this realm . 3ly . by the law of nations . 4ly . by the law and proceedings of god himself . by the orders , customs and proceedings of parliament it is most apparent , 1. that in all * parliaments , treaties and assemblies within the realm of england for ever , every man ought to come without force , armour , or multitudes of armed men , well and peaceably to the honour and peace of the king and of his realm , and all wearing of armour or other force against the peace , ought to be defended and prohibited in all places , cities and suburbs , where parliaments convene , lest the members should be terrified , or driven away , or the proceedings of (a) parliament interrupted thereby ; as is evident by the statute of 7 e. 1. rastal armor , 1. cl . 5 e. 2. m. 22. 31. dors . cl . 2 e. 3. dors . 31. 4 e. 3. rot. parl. n. 1. 2 e. 3. c. 3. 6 e. 3. rot . parl. n. 1. 13 e. 3. n. 2. 14 e. 3. n. 2. 15 e. 3. n. 2. 17 e. 3. n. 3. 18 e. 3. n. 2. 20 e. 3. n. 1. cooks 4. instit. p. 14. exact abridgement of the records of the tower , p. 11 , 13 , 14 , 17 , 19 , 22 , 27 , 30 , 43 46 51 , 76 , 78 , 195. therefore the forcible seclusion of the majority of the members by armed force , and votes backed therewith , is most illegal and unparliamentary . 2ly . that (b) every member of parliament is bound to attend the parliament , and freely to sit & vote therein during its contiance , and never voluntarily to absent himself , or depart without special license , under pain of amerciament , losse of wages , and other penalties ; as is both enacted and resolved , 3 e. 3. f. 19. fitz. corone 161. 5 r. 2. stat. 2. c. 4. 18 e. 3. rot . parl. n. 5. 8 h. 4. n. 55. 31 h. 6. n. 45. cooks 4 instit. p. 15 , 16 , 17 , 40. 9 h 8. c. 16. stamford , l. 1. c. 2. f. 153. exact abridgement , p. 13 , 14 , 43 , 142 , 194 , 281 , 361 , 653. the order of the commons house , 19. august , 1643 and ordinance of both houses , 9 octob. 1643. collection of ordinances p. 274 , 357. the commons declaration , septemb. 5. 1648. 5 e. 3. dors 7. & 4 e 3 dors . 23. therefore the majority of the members neither may nor ought to be forcibly secluded and hindered from sitting and voting , especially by the minority . 3ly . that (c) when any considerable number of the members of parliament through shortness of warning , fo●d weather , or any other occasions have been absent from the house , the parliaments have constantly been adjourned and put off till a further day , and nothing acted by those who appeared , in their absence , till the absent members comming , and the houses were ful● ; as is is evident , by claus. 2 e. 3. dors . 31. & 15. 6 e. 3. rot. parl. n. 1. 6 e. 3. part 2. n. 5 , 6 , 8 , 9. 8 e. 3. n. 5. 15 e. 3. n. 4. 17 e. n. 2. 20 e. 3. n. 5. 21 e. 3. n. 4. 22 e. 3. n. 1. 25 e. 3. n. 1. 29 e. 3. n. 4. 30 e. 3. n. 1. 37 e. 3. n. 1. 42 e. 3. n. 1. 50 e. 3. n. 1. 51 ● . 3. n. 2. 1 r. 2. n. 1. 2 r. 2. n. 1. 3 r. 2. n. 1. 4 r. 2. n. 1. 5 r. 2. n. 65. 6 r. 2. n. 6. 7 r. 2. n. 1. 9 r. 2. n. 1. 8 h. 4. n. 54. the reason whereof is , because nothing ought to be acted in parliament , by any party or faction , but in or by a full parliament , when all or most of the members , representing all the kingdom , are present , cl. 23 e. 1. d. 4. 34 e. 1. c. 1. 20 e. 3. rot . parl. n. 46. 21 e. 3. n. 65. 25 e. 3. n. 10. 51 e. 3. n. 25. 2 r. 2. n. 26. 10 r. 2. n. 35. 11 r. 2. n. 8. 21 r. 2. n. 71. 5 h. 4. n. 17 , 30 , 44. 6 h. 4. n. 25. 39 h. 6. n. 10. & 1 r. 3. wherefore their seclusion , and ejection of the majority of the members , behind their backs , in a thin and empty house , ( not the fixt part of a full house of commons ) and their votes and orders not only without , but against them , must be unparliamentary and unwarrantable . 4. that as in * elections in the county , so in votes , the vote of the major part of the house , upon any question put , is the vote and judgement of the whole house , including and binding the dissenting minority , as all journals , records of parliaments , statutes , law-books , and experience resolve , and the practice of those now sitting ; therefore the dissenting minority , can neither censure nor eject the majority of the house , for their vote of decemb. 5. carried without any division , and by above 2. parts of 3. then present , without ejecting and dissolving the whole house , and themselves too , whose vote was included in theirs , and subverting the very essence and foundation of all parliaments . 5. that every * member present in the house , at the putting of any question ( then debated ) is bound by orders of the house to give his ay thereto , or no , according to his judgement , and conscience , freely and uncontroulably , without the least question , check , or censure . this freedom of debate , voting and speaking the mind , being the grand essential privilege of parliaments , ( giving both the name and essence to them ) which every sp●ker demands , and every king granted at the beginning of every parliament , and of this now sitting . therefore for the minority of the house , by the army-officers proposals and desires , to make it criminal and a breach of trust , demeriting not only censure , but suspension , exclusion and ejection out of the house , and that not in one or two members , but the majority of the house , ( the house it self , ) as in our present case , only for the vote of decemb. 5. 1648. touching the kings concessions , and no vote else whatsoever , in any other parliament , or this , before or since this vote , is not only the extremity of partiality and injustice , but an utter subversion of the very essence , name and foundation of parliaments themselves , without president in any age . 6ly . if one single member alone give his ay , or n , to any question proposed , against all the rest of the house , though the question seems most clear and undisputable , yet he is neither censurable nor questionable for it , because it is his privilege and freedom as a member , as was resolved in dr p●rryes case in the parliament of 27 eliz. ( reported by scobel out of the journal , ) who gave his single no , against the bill against jesuites and recusants ; and in the cases of all single ayes or noes , or but of 2 , or 3. members against all the rest , in all former parliaments , and this last , who were never once questioned or suspended for them , nor ordered to retract their single votes . therfore the suspension & ejection of the majority of the house for their vote of dec. 5. after so long & great debate , ( given upō the greatest grounds of conscience , law , justice , prudence , reason and publick safety , ) and for their refusal to retract and protest against it , by order of the minority of the noes , entring their dissents against it , during their forcible seclusion from the house , must questionless be most antiparliamentary , erroneous , injurious , subver●ive to the freedom of parliaments . 7ly . that a matter (f) once debated and put to the question in the house , ( especially when full and free ) carried in the ay , or no , by the majority of the house , ( without any surprize or fraud , as the vote of dec. 5. was , against all force and menaces to prevent it , ) ought to stand as the judgement of the whole house , and cannot by the rules of parliament be questioned again , or nulled and revoked , ( especially by the minor part in the absence and forcible seclusion of the major , ) during that session of parliament , no more than an act , or a judgment given and entred in the g courts of westminster , reversed in and by that court which gave it ; because all votes and judgements , would otherwise be nugatory , arbitrary , reversed and nulled over and over , and debates concerning them endless : as was resolved in sir francis goodwins case , upon long debate , 27 martii , & in april , anno 1604. and oft before and since . therefore our vote of the 5th . of decemb. could neither be questioned nor repealed by the dissenting mi●ority , nor protested against , but stands still in force ; much lesse then the majority who assented to it , be suspended & ejected the house by the minority for not retracting and entring their protests against it , being a practice fatal to all votes and parliaments , if admitted just in this , passed upon so full a debate . 8ly . that (p) no member ought to be questioned for any offensive words , displeasing to the whole house , or any particular member , let fall upon any debate , unlesse exceptions be taken to his words the same day , before he goeth out of the house , and satisfaction given , or judgement inflicted on him the same day . but no exception at all was taken to the debate , or vote of the secluded members by the house , or any member thereof the same day , nor in several daies after , but only by such army-officers out of the house , who were no members , and not privy to the debate . therefore they ought not to be suspended and excluded for it many weeks , months , and now ejected out of the house for their vote alone , and debates thereupon , above 11. years after . 9ly . i that the speaker himself by his letter , iuly 29. and both houses by their printed ordinance of august 20. 1647. declare and resolve , all votes , orders , ordinances , declarations passed in the house , whiles under a visible force , and the members forcibly driven from it , or unable to repair to , or ●it in it with freedom and safety , to be null and void to all intents ; and if that force upon 50. or 60. of them now sitting by cromwell , apr. 20. 1653. & lambert , and others , oct. 13. 1659. was antiparliamentary , treasonable , and but a mere interruption not dissolution of their session , nor an inability for them to sit again , though some of those who ejected , and declared them dissolved , were then members of the house , backed with the army . then by the self-same , yea better reason , the former , late , present orders and votes for the suspension , exclusion and ejection of the majority of the members out of the house , made by the minority , whiles sitting under an actual force , secluding them by commands of them now sitting , must be null and void to all intents , and no wayes disable them from sitting , when the armed force secluding them is removed . 10ly . that the (b) house of lords heretofore in the parliament of 2 caroli , when the earl of arundel , a single member of their house , was imprisoned and restrained by the king without their privity , from sitting in the house ; and since that (c) both houses , ian. 5. 1641. at the beginning of this parliament , when the king impeached , and only demanded the lord of kimbolton , and the 5. impeached members of the commons house , ( whereof sir arthur hasl●rigg was one ) without seising either of them ; adjourned and refused to sit or act as an house , till their members were restored to sit in saftty , and this high breach of their privileges vindicated . therefore by the self-same rule and presidents , they ought not now to sit and act , till the former and last violations of them by the army-officers and their gards forcible seclusions and securings of them by their order , be vindicated , and they restored to sit and act freely in the house with safety , without any future interruption . 11ly . that no particular member of parliament in the commons house , by the constant course , proceedings and presidents in our parliaments , may or ought to be censured , imprisoned , suspended or ejected the house , unlesse he be 1. particularly accused or impeached of some misdemeanour , crime or breach of trust , deserving imprisonment , suspension , or exclusion . 2ly . particularly summo●ed and resummoned to answer his charge , if absent , or commanded to answer it , if present in the house . 3ly . freely admitted to make his particular answer and defence thereunto in the house , where he is to fit and vote as a member , till convicted or suspended by special order . 4ly . legally convicted by his own confession , evidence or witnesses produced face to face . 5ly . particularly sentenced by judgement pronounced against him at the bar , and that judgement particularly entred against him by name in the iournal-book , or records of parliament . this is evident by the antient presidents of sir william courtney , an. 16 r. 2. rot . parl. n. 6. of roger swinerton , an : 17 r. 2. rot : parl : n. 23. thomas thorpes case , 5 h. 4. rot : parl : n. 38. by thomas thorps case , when speaker , 31 h : 6. rot. parl : n. 25 , 26 , 27. arthur halls case , 17 maii , & 4 febr. 1580. peter wentworths case , 8 febr. 1575. thomas longs case , 8. eliz. entred in the journall , reported in cooks 4 institutes , p. 23. and scobels memorials , c. 12. in sir edmond sawyers case , saturday 21 junii , 1628. the earl of straffords , and archbishop lauds cases and trials upon their impeachments of high treason this parliament , as members of the house of p●ers : the cases of sundry members put out of the house of commons , in the beginning of this parliament , 1641 , 1642 , 1643. the proceedings of both houses against their members , who contrary to their trusts , (a) deserted the parliament , withdrew themselves voluntarily from it , and took up arms against it , who were 4. times summoned to attend the houses , ( which they neglected to do ) without any disability , or new ingagement put upon them , before they were disabled by iudgement to sit in the house during this parliament , in which judgements they are particularly named , and after that by a general ordinance of both houses 29 junii 1644. the judgement against them was confirmed as is evident by the * journals of both houses . and the proceedings of those now fitting ( since their vote of jan. 5. ) against sir henry vane , jan : 9. and col. sydenham , and major saloway , since : who were all permitted to sit and vote in the house , till particularly impeached , heard , convicted , and received their judgements at the barr , before they were ejected , or suspended , though they joyned with the army-officers who excluded them october 13. both in councils and actings against their restitution . which being denied only to all and every of the secured and secluded members , and to them alone , though the majority of the house , guilty of no crime ; meerly for their vote , dec : 5. and were forcibly secluded both the house and lobby , dec. 27. and voted out of the house , jan. 5. 1659. without any accusation , hearing , defence , conviction , or particular judgement against any of them by name , must needs be the extremity of anti-parliamentary injustice , especially in those of the long robe , sitting in , and advancing themselves to the seats of justice in all the courts of westminster . 12. it is the undoubted privilege and birth right not only of members , but of the meanest , despicablest and most flagitious commoners of england , if complainants or petitioners , to be admitted freely both into the lobby and commons house , without forcible seclusion , to present their complaints , grievances , for their relief or redresse ; or if a delinquents , to be accused , summoned , heard , duly convicted and particularly sentenced at the bar by name , before they be committed , or sentenced , as all parliamentary records , journals , & daily experience attest ; therfore that the majority of the members ( persons of greatest eminency , interest , integrity , representing most counties , cities and boroughs of the realm ) should be denied that justice and privilege which the meanest commoners and most exec●able del●●quents enjoy as their birthright , only for their vote , and that by their fellow-members , ( the greatest pretenders to publick justice , liberty and saintship , ) is not only anti-parliamentary and injurious , but stupendious in the sight of god , angels , men , and the whole nation . 13ly . the whole house of commons , and some of our secluders , in the case of the xi . m●mbers , impeached by the army ( 9. of them now secluded ) upon long and full debate june 25. 1647. resolved , unanimously on the question , without one dissenting voice ( as to part of the armies general charge against them , for something they had spoken , and done within the house ) that it did not appear , that any thing had been said or done by them in the house , touching any matters contained in the charge , or papers sent from the army , for which they could in justice suspend them from ●itting and voting in the house . in the debate whereof they all concluded , it was a high breach of privilege , for the army or any others out of the house , to impeach any members for things spoken or done within the house , whereof the house alone is to take notice , and be the sole judge . therefore by this very vote and resolution , the house upon the armies proposals , and desires alone , ought not in justice to suspend , much lesse forcibly to seclude and eject us , only for our vote within it , and it was a transcendent breach of the privileges of the house , to receive their proposals decemb. 6. and their answer january 3. complaining against our vote , and to make it the only ground of our suspension and seclusion ever since , and now of our ejection . 2ly . they then unanimously resolved , that by the laws of the land , no iudgement can be given to suspend those members , or any of them from sitting in the house , upon the paper presented from the army , before particulars offered , and proofes made against them . therefore they cannot suspend , seclude and eject , both them and the majority of the whole house now from sitting , or voting with them any more , only for their vote , without any other particular charge , hea●ing , conviction , or judgement pronounced against them at the bar . 14ly . had this vote and judgement of supension and discharge been given against any one of the suspended members , in a full and free house and parliament , and ratified by an act , or ordinance of both houses , without any legal summons , tryal and hearing at the bar , yet it had been erroneous , null and void , and ought to be reversed as such , and that by the expresse judgements and resolutions of the parliaments of 28 e. 3. rot. parl. n. 7 , to 14. & 29 e. 3. n. 29. in the case of * roger mortymer earl of march , who in the parliament of 4 e. 3. rot. parl. n. 1. was impeached in parliament of high treason , for murdering of king edward the 2d . after his deposing , for accroaching to himselfe royal power , and the government of the state over the king ; for comming to the parliament at salisbury with force and arms , contrary to the kings writ and prohibition under his seal , that none should come to the parliament with force and arms , under pain of forfeiting all that he could forfeit to the king . whereupon the earl of lancaster , and others of the lords , by reason of his force , came not at all : and when in the prelates were there assembled in an house at the said parliament , to consult about the affairs of the king and realm , the said roger broke open the doors of the house upon them with men at arms , and threatned them of life and of member , if they should be so hardy to speak or do any thing against his will and ordinances . and did so much in the same parliament , that the king made him earl of march , and gave him many lands and tenements , to the dis-inheriting of the crown ; and afterwards the said roger , and those of his confederacy , led the king armed against the earl of lancaster and other peers of the land to winchester , where they were comming towards the king to the said parliament at salisbury : whereupon the said earl and other peers of the land , to avoid the peril that might happen , out of reverence to the king , departed and went towards their country , grieving that they could not speak with , nor counsel the said king , as they intended and ought to do . and for several other grand misdemeanors drawn up and entred in the parliament rolls in 14. articles in french . upon these articles ( by reason of the notoriousness of the facts ) he was by judgement and act of parliament , condemned and executed as a traytor , in 4 e. 3. without being brought personally to answer , or make his defence at the bar , and his lands forfeited to the king . whereupon in the parliament of 28 e. 3. roger mortymer earl of worcester his cousin and heir , by petition prayed , that this act of his attainder might be examined , and the judgement against him reversed for manifest errors therein . whereupon the record was brought into the parliament , and the articles , judgement and proceedings read at large . which done , it was alleaged , that the judgement was defective and erroneous in all points ( not for the substance and truth of the charge ) but for that the said e. was put to death and dis-inherited , sans nulle accusement , et sans estre mesne au juggement , ou en respons , without any accusation face to face , and without being brought to judgement , or to answer . for which cause it was prayed , the said act a●d iudgement might be reversed and annulled . and for these reasons our lord the king , prince , dukes , earls , and barons , by * accord of the knights of counties , and of the commons , reversed and annulled the said records and iudgements , and adjudged them erroneous and void ; and the parliament of 29 e. 3. did likewise confirm and assent thereto , as the parliament rolls attest . if then this judgement , though ratified by an act of parliament , upon particular articles of impeachment , true in substance , ( against this arch-traytor , and first forcer of parliaments by armed men extant on record ) was reversed as erroneous , void and null , because he was not accused face to face , nor brought to judgement , and answer at the bar before his judgement and execution , though there was a judgement given against him by name in the parliament roll and act : then much more must the judgement and vote against all the secluded members and majority of the house , kept out thence by armed gards , by command of our secluders and judges , without the least accusation , articles of impeachment , hearing , trial , or bringing us to the bar to hear our judgement , or naming any of us particularly therein , be unparliamentary , erroneous , void and null to all intents , and no waies obligatory to us , or those for whom we do serve . 2ly . it is altogether erronious , illegal and void in law , 1. by the great charter of our liberties , 9 h. 3. c. 29. confirmed in above 40. successive parliaments , by the statutes of 25 e. 1. c. 1 , 2. 28 e. 1. c. 1 , 2. 5 e. 3. c. 9. 25 e. 3. c. 4. 28 e. 3. c. 3. 42 e. 3. c. 2 , 3. the petition of right , 3 caroli , and sundry other statutes , enacting and providing , that no freeman of england , shall be outed of his freehold , liberties , franchises , outlawed , pas●ed upon , fore-judged or condemned , unlesse he be , 1. lawfully accused , indited and impeached . 2ly . summoned and brought in to answer by legal processe . 3ly . brought to judgement , trial and hearing at the bar , and admitted to his just defence . 4ly . legally convicted by his own confession , or witnesses produced face to face . 5ly . particularly judged and condemned by sentence at the bar . and if any judgement be given to the contrary , it shall be reversed and holden as null and void ; all which particulars failing in our case , and judgment , it must be erronious , void and null to all intents . 2ly . by all the presidents , forms , entries , in cooks 3 institute● ch. 101. of judgement , old book of entries , fitzherbert , brook , statham , ash title judgement , treason , debt , &c. all entries and records of judgements in parliaments and other courts of justice , wherein no judgement was ever yet given against many in the grosse , ( as now against 200. members or more ) without naming any of them , but alwaies particularly by name , the judgment being else void in law , for its generality and incertainty , as ours is , wherein not one secluded member is named , nor in any vote or order for our suspension or exclusion . 3ly . it is a maxim in law (m) that no man ought to take advantage of his own covin or wrong , much less be both a judge and ●arty , it being both against justice and reason too : therefore the minority of our fellow-members , cannot first seclude us out of the house by covin , wrong & armed force , against our rights , privileges , the protestation , covenant , & then as our judge , exclude us from sitting with them , behind our backs , only for dissenting from them in our votes and judgments , crossing their own private interests and innovations , repugnant to the publike interest , peace , and settlement of the kingdom which we then endeavoured to effect . 4ly . the statutes of 5 r. 2. c. 7. 15 r. 2. c. 2. 8 h. 6. c. 9. & 31 eliz. c. 11. prohibiting all entries into houses , lands or tenements , where the entry is given by law , with strong hand , or multitude of people , and armed men , but only in peaceable and easie manner ; or keeping possession thereof , after peaceable entry , by force ; enabling all justices of the peace , to view and remove such force , and punish those who are found guilty of it , upon inquest , by fine and imprisonment ; do questionlesse prohibit the entry of our secluders , into the commons house of parliament , by strong hand , and multitudes of people , and armed men , against the usage & priviiege of parliaments , garded hitherto , * caritate & benevolentia civium , non armis . and their keeping out the majority of their fellow m●mbers , by armed force , and votes , without any colour of law or reason but only their vote therein decemb. 5. may more justly expose them to fines and imprisonments , than any other forcible enterers into , or detainers of other mens houses , the whole kingdom being prejudiced and dispossessed in their representatives by these forcible detainers of the commons house . 5ly . the notable (p) variance between their orders of 1648. & 1649. touching our suspension and seclusion , wherein they alwaies stile themselves , the house , and this house , as likewise in the body of their order decemb. 27. 1659. from their vote of january 5. and their other papers , wherein they stile themselves , the parliament , and the parliament of the commonwealth of england , scotland and ireland ; and their judgement , the judgement of the parliament ; and from the act of 17 caroli . c. 7. by which they pretend to fit , which only stiles them , the commons in this present parliament assembled , and the house of commons ; makes their judgement void to all intents , especially compared with the entry of their own journal by their clarke , april 20. 1653. that they were dissolved on that day , and so have no right now to sit , by virtue of this act , or to pronounce any vote or judgement against us . 3ly . this judgement and vote against us , is void and null by the law of nations , the very pagan , idolatrous babylonians , persians , caldeans , romans , and all other nations , condemning and sentencing no person or malefactor whatsoever , but in his presence ; it being not their manner , to condemn , or censure any man , before he who was accused , had his accusers brought face to face , and had license to answer for himself , concerning the crimes laid against him , and was legally convicted of them , and had his crimes mentioned in his mittim●● and judgement , they deeming it unreasonable , to imprison or condemn any man , and not withall to signifie the crimes laid against him : as you may read at leasure , 2 kings 25. 6 , 7. jer. 52. 9 , 10. ezra 7. 25 , 26. esth. 1. 12 , to 22. c. 2. 1. acts 23. 25. c. 24. 2 , to 23. c. 25. 2 , &c. 16 , 17 , 18 , 27. in alexander ab alexandro , geni●lium dierum , l. 3. c. 5. & frederi●us lindebrogus , codex legum antiquarum . this being a principle amongst them , * qui aliquid statuerit parte inaudita altera , licet rectè statuerit haud aequus est judex . and that all their * senators , ought to vote freely in the senate ; and the major vote to sway . therfore our judgment , exclusion , without accusation , hearing , witnesses , trial , conviction , behind our backs for our major vote , must needs be most unjust and void , if the very heathens and laws of all nations be umpires between us & our ejectors . finally , this judgment and vote is contrary to , yea void , null by the law of god , ( the * righteous judge of all the earth , ) as appears by comparing it with num. 35. 30. deut. 17. 4 , to 13. c. 19. 15. c. 16. 18 , 19 , 20. 2 chron. 19. 5 , 6 , 7. john 7. 51. and condemned as unjust , by the president of god himself ; who as he doth not pervert judgement , nor do wickedly , job 8. 3●c . 34. 12. but judgeth uprightly without respect of persons , 1 pet. 1. 17. justice and judgement being the habitation of his throne , from whence he administreth judgement in righteousness , ps. 89. 14. ps. 9. 8. so he alwaies pleads with malefactors , and judgeth them face to face , ezech. 20. 35. thus he proceeded against and judged the very first offenders , eve adam , and the serpent , for the first offence in the world after the creation , summoning all three of them before him , and impeaching and hearing their answers to his charge , and last of all giving a particular judgement against each of them according to their offences , gen. 3. 8 , to 20. as a president for all other judges to imitate . and thus god and jesus christ will proceed in the last general judgement of the whole world , when all mankind and every person good or bad , from the creation till the worlds expiration , shall be summoned and personally stand and appear before the judgement seat of god and christ , where every one of them shall give a particular account of himself to god , of whatever he hath done in the body , whether it be good or evil , ( and we and our secluders too amongst the rest ) and be judged according to their works , and receive a particular sentence of condemnation or absolution , as eccles. 12. 14. mat. 25. 33 , to 46. rom. 14. 10 , 11 , 12. 2 cor. 5. 10. rev. 20. 12 , 13. mat. 12. 36. rom. 2. 1 ▪ 2 , 3 , to 13. resolve . upon all which premises we conclude , the votes & proceedings against us by our fellow-members , to be erroneous , injurious , unrighteous , nul and void to all intents ; and if they and the army-officers , for want of law , reason , presidents , shall still endeavour , ( as hitherto ) to make them valid , and obligatory to us and those we represent , only by club-law and violence ; we shall then conclude , as the lords and commons ( and most of themselves heretofore , ) did in their declaration of august 4. 1642. against the king and his forces , who were never guilty of so high a violation of our privileges , as those now sitting . * if the king may force this parliament ( by demanding only 6. members of it , and our secluders now by excluding above 200. at once by force and arms ) we may bid farewell to all parliaments from ever receiving good by them . and if parliaments be lost , the people are lost , their laws are lost , as well those lately made ( for triennial parliaments , and the continuance of this , against the council-tables extravagances , &c. ) as in former times ; which will be cut in sunder by the same sword now drawn for the destruction of this , ( by ours and others forcible seclusions . ) then if they will not come and help the parliament , and save themselves , though both they and we must perish , yet have we discharged our consciences , and delivered our souls , and will look for a reward in heaven , should we be so ill requited upon earth , by th●se of whom we have so well deserved : which we cannot fear , having found upon all occasions such real demonstrations of their love and affection , and of their r●ght understanding and apprehension of our and their common danger , especially now , that the question is so clearly stated . we shall only subjoyn 3. considerations more in point of law and prudence , arising from our forcible seclusion and exclusion by the minority of our fellow members . 1. that both houses , and most of themselves have declared in their s declaration of 23. octob. 1642. that the raising of forces only to force some particular members of this parliament , ( as the 6. impeached by the king ) to be delivered up , and secluded the house , is a levying war against the parliament ; for to raise an army to compell the parliament to expose these members to the fury of these wicked counsellors , that thirst after nothing more , than the ruine of them and the commonwealth ; what can be more evident , than that the same is levied against the parliament ? for , did they prevail in this , then by the same reason they might d●mand twenty more ; and consequently , never rest satisfied , untill their malice and tyranny did devour all those members they found crosse and opposice to their lewd and wicked designs . and so by depriving the parliament of their members , destroy the whole body . that both houses in their votes of 20 maii 1642 ▪ t resolved , that the levying war against the parl. is treason ; and whoever shall assist the king ( though the chief member and u head of the parliament , much more then any inferior members of it ) in such a warr , are traytors , by the fundamental laws of the kingdom , and have been so adjudged by two parliaments 1●r . 2. 1 h. ● . and ought to suffer as traytors . which votes were seconded by many x ordinances , for sequestring and confiscating the real and personal estates of all members of parliament , and others , who sided with the king and his forces against the houses of parliament ; by the condemnation of mr: waller , and execution of mr. tomkins , and others , as traytors y for conspiring to seise several members of both houses , by force of arms , under a pretence of bringing them to justice , by a commission from the king , dated 16 march 1643. though they actually attempted not to se●fe any member . by the proceedings against the * members of both houses deserting the parliament , under pretext , that they were forcibly driven away from westminster by seditious tumults and imposed trayterous oaths , summoned to meet at oxford by the kings proclamation of jan. 29. 1643. where 49. members of the lords house , and 175. of the commons house assembled , and sate in council with the king ; and yet for levying war against the majority of the parliament , and both houses sitting at westm. they were are all of them sequestred , and after several summons , discharged to sit in either house by a special ordinance ; & (z) some of the said lords , together with the king himself , condemned and executed as traytors for levying war against the parliament , and majority of the m●mbers , at a great distance , not personally in or at the house doors , without se●uring or secluding any members or interrupting their sitting in the house by armed forces . if then it were high treason in the king and his party to raise forces to demand and secure but 6. members of both houses by force ; and for the minority of the lords and commons house , to levy war against the majority of the parliament only at a distance , for which they were thus sequestred , conde●●ed , executed as traytors , even by those now sitting , as well before as after our seclusion ; we refer it to their own consciences , judgements , and the whole kingdom to determine , whether it be not a higher and worser treason & levying war against the parliament , for them , being but the minority of the house and members , to engage and order the very * forces raised against the king and his party , to gard and defend the members to both houses , to fit and vote with freedom and safety , by armed force to secure and imprison above 40. members at once , and to seclude above 200. more by their commands , being the minority of the house , at the house doors , and suppress the whole house of lords three or four times one after another , after their executions and sequestrations ; and what punishment such unpresidented offences de●●erit , should we demand justice against them for it , after so many provocations , and not willingly prete●mit it upon their repentance and satisfaction , for the publick peace and settlement in the midst of our present dist. actions , upon their voluntary admission of us , without any of their new eagagements on our consciences , to discharge our trust , and prevent the ruine of our three kingdoms , by their rash and dangerous counsels . 2ly . that their own votes , publications , and censures against the army-officers , as well members as others , who forcibly excluded and dissipated themselves beyond expectation , april 20. 1653. and october 13. 1659. ( a just , divine retaliation , for secluding their fellow-members ) which they deemed both tyrannical , yea treasonable in them , and deme●iting expulsion out of the house , in sir h. vane , and others of their own members , who gave a subsequent assent thereto , will now recoyl upon themselves with infinit disadvantage , and draw some new (a) exemplary punishment of god upon them for their new forcible secl●●sion and ejection of us ; they being but 60 at most , and we near 200. they having * violated their trusts , protestation , covenant , and the privileges of parliament , which they were obliged constantly to maintain all their daies , without defection or apostacy , by our former exclusions and ejection , and we having done neither , but only endeavoured inviolably to preserve them by our vote , and claims to sit in the house : they keeping up the same armed gards , as their only security to sit , which secluded us heretofore , and now , & twice ejected them ; and we desiring no other gards , but those (b) pliny (c) seneca , d tully , inform us to be the best and safest of all other , our own innocency , and the peoples love for whom we serve , remembring that of pliny to the good emperor trajan , quanto tutior , quanto securior eadem domus postquam ejus non crudelitatis sed amoris excubiis , non solitudine & claustris , sed civium celebritate defenditur ? frustra se terrore succinxerit , qui septus ●aritatenon fuerit ; armis enim arma irritantur ( as we have found by sad experience ) vnum est inexpugnabile munimentum , amor civium ; which they will never gain , but lose and forfeit by our unjust seclusion , and expulsion . 3. that it is a maxime in law , inserted into the very writs of summons to parliaments (e) calus . 23 e. 1. m. 4. dorso , as a most just , and provident law , established by all prudent pious princes , and the very reason and ground of all parliamentary assemblies , ut quod tangit omnes ab omnibus appr●betur . hereupon our judges and (f) law-books resolve , that general acts made , and taxes granted in and by parliaments , oblige all men , upon this only account and reason , because all counties , cities , boroughs and ports , are parties and consenters to them in parliment , in and by their knights , citizens , burgesses and barons , impowered with full and sufficient authority for themselves , and the commonalties of the said counties , cities , boroughs and ports , by their indentures and retorns , to consent to , and do whatever shall happen to be ordained in parliament by common council ; as the last clauses in the writs for elections , with their retorns and indentures resolve ; and for want of which power , and representatives , if secluded , no acts can be passed , no taxes imposed on them that are obligatory . and upon this very ground , the statutes of 25 e. 1. c. 5. 8. & de talligio non concedendo , c. 1 , 2. 14. e. 3. stat. 1. c. 21. stat. 2. c. 1. 15 e. 3. stat. 2. c. 1. stat. 3. c. 5. 21 e. 3. rot . parl. n. 16. 25 e. 3. rot . parl. n. 16. 27 e. 3. stat. 2. c. 2. 36 e. 3. rot . parl. n. 16. 38 e. 3. c. 2. 38 e. 3. rot . parl. n. 40. 51 e. 3. rot . parl. n. 25. 11 h. 4. rot . parl. n. 50. the petition of right , 3 car. and the statutes of 17 car. c. 1. 8. 12. made at the begining of this parliament , do all enact , declare and resolve , in precise words ; that no tax , tallage , ayde , subsidy , loan , custom , imposition , or other assesment whatsoever , shall or may be imposed , or levyed on the subjects , without common consent of the lords and commons in full parliament , by act of parliament : and those now sitting in their printed paper , octob. 11. 1659. intituled , an act against the raising of monies upon the people , without their consent in parliament ; enact , that no person or persons shall after the xi . of october 1659. assess , levy , collect , gather or receive any customs , impost , excise , assesment , contribution , tax , tallage , or any sum or sums of money , or other imposition whatsoever , upon the people of this commonwealth without their consent in parliament or us by law might have béen done before the third of novemb. 1640. and it is further enacted and declared , that every person offending contrary to this act , shall be , and is hereby adjudged guilty of h●gh treason , and shall suffer , and forfeit as in case of high treason . if then they shall forcibly seclude , not only the whole house of lords , but the majority of the knights , citizens and burgesses , out of the commons house , as now they do , most counties , cities and boroughs of england , having not so much as one knight , citizen or burgesse , to represent them , being all forcibly excluded , or dead , they being not a fifth part of the house , ( who could never legally impose any tax upon the people , before nov. 3. 1640. nor since , as all these acts , with * sundry other records and law-books resolve ) they can make no laws , orders , ordinances , that are binding , nor impose the least tax , talluge , imposition , excise , contribution , or any other payment whatsoever , upon the people of this nation , much lesse upon us , whom they thus forcibly exclude , and those counties , cities and boroughs for which we serve ; nor any person or persons levy them , without incurring the crime , penalty , and forfeiture expressed in their own late act , it being a received maxim amongst all politicians , lawyers , nations (h) populi minor pars , pop●l●m non ol ligit ; and that nothing is or can be said to be done , or acted , by the common council and consent of the people in full parliament , by act of parliament , which is done and acted only by the minor part of the commons house , when the greatest part of the members of parliament , are forcibly s●oluded , or driven thence by armed violence , especially by the commands and consederacy of the minority of their fellow-members ; our present case and condition , which we represent , to the whole nations serious consideration , and of a full and free parliament , as thus st●●●d in matter of fact , and debated in point of la● , for our necessary vindication , and theirs we represent ; and to our secluders second thoughts : who having in their fresh * declaration of the 24. of this instant jan. published , that their intentions are , and that they are resolved , ( through the goodnesse and assistance of god ) to remain constant and unmovable , that the people of these nations may be governed from time to time by representatives in parliament chosen by themselves , in whom alone the supream authority of these nations doth and ought to reside ; and that they should be governed by the laws , and that all proceedings touching the laws , liberties , and * estates of the free people of this common wealth , shall be according to the laws of the land : it being their principal care to provide for the freedom of the people , against all arbitrarinesse in government ; and that it is one of the greatest cares they have upon them , how to give the people that ease from their present burthens , which their impoverished condition calls for . we hope they will not immediately violate it in the case of us ▪ who are their fellow-members , the majority of the house , and the representatives of the greatest part of the people , intrusted and chosen by themselves , who earnestly press our frec admission , by secluding us against all rules of law and justice , and imprisoning those * gentlemen and freemen sent up with * letters unto them from the several counties and places we represent , to demand our speedy restitution to our trusts , as the only means to redresse their many insupportable grievances , and by gods blessing to reduce them to a firm , free and legal settlement of their rights . and by imposing on the whole nation ( in their miserably exhausted condition , and want of trade ) and us their excluded fellow-members , and those many counties , cities and boroughs we represent , a monthly tax of one hundred thousand pounds a month , for six months time , to begin from december 25. last , without and against our privity and consents ; especially after their enforcing the people to pay a whole years contribution within three months space , contrary to the first grant thereof , under the late protector , upon their first convening in may last , during these very 6. months space , they paid before hand , on which they now tax them afresh , higher than ever the old parliament , or their new protectors , or any kings of england in former times have imposed ; an oppression not to be presidented in any age . and all to pay forces to keep us out of the houses , and support themselves in their usurped * parliamentary power , and discharge those debts , their own extravagant councils and actions ( in not hearkning to our vote for which they excluded us ) have contracted , only to make us more miserable , base , slavish , unsetled than ever heretofore . upon the whole matter which we have truly stated , and debated ( though with some distraction , and interruption ) in our own behalf , and of those counties , cities and boroughs by whom we were elected , and whom we have faithfully served in parliament , according to their trusts reposed in us ; we do appeal from the armies unjust force and illegal violence , and from the unpresidented , generall unreasonable , unparliamentary votes and judgements of a few of our dissenting fellow-members , procured by the force and demands of the army , and passed by parties behind our backs , during our forcible seclusion , only for our free vote in parliament , when they and the commons of the whole kingdom were involved therein by the resolution of the majority of the house , unto the impartial judgement of a full and free● parliament : and in the mean while we do claim the benefit of our laws , and especially of the great charter , the petition of right , and the good acts made in the beginning of this parliament , ( after so much blood and millions of our treasure expended ) for the protection of our persons , estates , & liberties , and of those we represent , against all arbitrary . proceedings , votes , impositions , taxes , and armed violence of our secluders , or their forces , that whereas by the * ordinance of god , the sword is given to the magistrate , only for the punishment of evil doers , & for the prayse of them that do well , we nor any of us who are quiet in the land , and accountable to law , wch is our birth-right , may not be hunted or seized by souldiers , for our former vote , and observing the declarations and remonstrance of this parl. the protestation , solemn league and covenant , and other oaths which lawfull authority have ingaged us in , ( and our secluders joyntly with us , and the army-officers too ) and in the consciencious observance whereof we hold our selves obliged to live and die . and having nothing ( if we know our own hearts , ) in our thoughts or endeavours , but that the true reformed religion may be preserved and flourish ; the plots of jesuits and romish emissaries prevented ; the privileges , rights , honour , and splendor of parliaments vindicated and restored , the laws and liberties of the kingdom cleared , rescued , and preserved from arbitrary violations , a d●e regard had to tender consciences , intollerable publick burthens eased , as comprehensive an act of o●l●vion and free pardon past , as will stand with publick safety , honour and justice ; trade in city and country restored , the increased swarms of starving poor relieved and imployed ; just debts and rewards both to souldiers , purchasors , and others satisfied and secured , and these ruined kingdoms happily established upon lasting foundations of truth , righteousnesse and peace ; now we have cleared our selves to the world , and those who have entrusted us , we can patiently attend gods future dispensations ; yet should be very glad , that as a * few of the faithfull nobility , when the kingdom was in much lesse danger , were judged so considerable , as to prevail with the late king to follow their advice , for the calling of this parliament in 1640. so in this time of the greatest dangers and difficulties , that these 3. nations and the protestant cause throughout the world , ever wrestled or contended with , there may not be found amongst us , a generation of men , who for filthy lucres sake , particular groundlesse fears , apprehensions of lesse or suffering , guilt , self-seeking , ambitious aims of dominion over , or envy , or revenge against their brethren , or pretended self-preservation , shall continue our confusions and calamities , and as vipers gnaw out the bowels of their native country ; and because of a little present power , in their hands ( which like jona●s gourd they see by sensible experience may wither in a day , or be turned against them , ) harden themselves against the safe , sober , and christian councils of so many of the nobility , gentry , ministry and commonalty of all callings and degrees , as of necessity must conceive themselve ; for the safety of the nations , or perish with them , obliged to endeavor that the great council of this nation , ( by the advice of so many persons of interest and quality ) may be suffered to sit free of force or guards , but of their own appointment , and dead places filled up by new election , untill a free parliament , according to the triennial act , may be called and convened without interruption or praelimitations . that so by sober , discreet , peaceable , impartial , full and free councils , these three languishing divided nations , and the city of london ( the metropolis of this empire ) may be restored to their former renown , honour , peace , unity , prosperity and trade , the two great pillars of magistracy and ministry , vindicated from contempt and violence , and thereby a stable settlement obtained both in church and state , to the rejoycing of all that truly fear god at home , and the reviving and preservation of the reformed churches abroad , almost totally ruined , and become a prey to the common enemy , by our and their unchristian divisions . alexander ab alexandro , genial . dierum , l. 4. c. 11. erat igitur sena●oris officium , tam de promovendis magistratibus , provinciisque administrandis , quam de bellis , triumphis , supplicationibusque decernendis , deque praefidibus in provincias , & a●xiliis submittendis , de leg● de foedere , & pactionibus , ac to●a gerenda rep. libere sentire , ac fortem constantemque sententiam dicere . et si duae senatum distinerent sententiae , cum ●liud alii ●●nferent , id quod senatus maxima pars decer●●xet , id ra●um fieri annotatum est . an exact list of the secluded members names still living and those refusing to sit , till their restitution , to undeceive the nation and world . the earl of ancram sir ralph ashton kt. arthur annesley kt. william arthington john arundel mr. ascough sir john barrington sir thomas barnardiston sir robert benloes sir george booth kt. sir humphrey bridges sir ambrose brown kt. sir roger burgoin kt. francis bacon nathaniel bacon edward bainton john barker alderman maurice barroe william bell alexander bence col. john birch edward bish john bond doctor of law john bowyer kt. john boyes kt. major brooks major general brown samuel brown serg. at law francis buller iohn bunckly kt. hugh buscoen kt. iohn button sir henry cholmley sir iohn clotworthy sir iohn corbet kt. sir iohn curson kt. iohn carew william carrent colonel ceely robert clives elias crimes lionel copley iohn crew sir thomas dacres kt. sir francis drake sir william drake thomas dacres iohn doyle mr. francis drake sir iohn eveling of surrey sir iohn eveling of wilts sir walter earl william edwards robert ellison richard erisy george eveling mr william fenwick william lord fitzwilliams sir edmund fowel william foxwist iohn francis iames fiennis kt. nathaniel fiennis iohn fiennes sir gilbert gerard kt. sir harbotle grimston samuel gardiner francis gerard thomas gewen iohn glynne serg. at law samuel gott thomas grove sir richard haughton kt. sir iohn holland col. edward harley kt. major harley thomas hatcher iames herbert peregrine hobby thomas hodges denzil hollis francis hollis george horner kt. edmund hoskins henry hungerford colonel hunt sir anthony irby richard jennings vvilliam iones sir norton knatchull george keckwich richard knightly sir iohn leigh sir william lewis sir martin lister sir william litton kt. sir . samuel luke henry laurence kt. colonel lee mr. lewis col. vvalter long col. iohn loyd kt. mr. lucas mr. luckin sir . thomas middleton kt. john mainard serj. at law . mr. christopher martin major general massey thomas middleton thomas moor william morris kt. george montague col. edward montague kt. sir robert napper sir robert nedham sir dudly north kt. sir john northcot ▪ mr. nash john nelthrop john nixon alderman mr. north col. norton kt. sir richard onslow kt. mr. onslow arthur owin kt. henry oxinden william owfield sir john palgrave kt. sir philip parker kt. sir thomas parker sir edward partridg● sir john pellam sir william platers sir john potts kt. sir nevil poole sir richard price kt. sir robert pye robert packer henry peck william pierpoint edward poole col. alexander popham mr. potter thomas povy william priestly william prynne sir frances rus●●l kt. mr. ravinscraft mr. ratclifft charles rich col. edward rossiter sir beachamp saint-john sir john seymor kt. sir thomas soam robert scawen mr. scut col. robert shap●ot col. shuttleworth mr. springate mr. simon snow henry stapleton edward stephens john stephens nathaniel stephens kt. john swinfen col. william stroud mr. shuttleworth john spilman sir john temple sir thomas treavor mr. temple mr. thistlethwait samuel terri●k edward thomas esaia thomas john thinne richard tolson kt. john treavor kt. tho. twisden serj. at law . samuel vassal edward vaughan kt. edward vaughan sir william waller tho. viscount wenman kt. sir henry worsly thomas waller esq william wheeler col. whitehead kt. henry willes capt. wingate mr. winwood william wray richard wynne kt. sir john young . in all 194. besides above 40. secluded members , now dead since 1648. whereof many were knights of counties , and of these yet living , 37. are knights of shiers , with kt. added against their names . upon an exact view of the members now sitting , or which are permitted to sit , if they were all present , being about 89 in number , there are not above 16. knights of shires , 7 citizens , and the rest burgesses , whereof seldom 50. appear at once together : the excluded and deceased members being also considered , it will appear , that the house of commons consisting by right of 508 members : whereof there are 78 knights of shires for england , and 12. for wales : there are no knights of the shires sitting in the house for these 26 english and 11 welsh counties following , bes●●es there are no citizens sitting for 14 ▪ cities following , viz. bedford shire cornwall cambridgshire derbyshire devonshire dorse●shire essex glostershire har●fordshire heref●rdshire lincolnshire lancashire middles●x munmothshire norfolk nor●humberland oxfor●shire surrey shropshire southampton suffolk somersetshire sussex westmorland warwickshire yorkshire angl●sey b●eckn●ck cardiganshire carmarthenshire . carnarvonshire denbighshire fli●shire glamorganshire pembrockshire m●●●gomeryshire rad●●shire and but 1 knight of the shire in each of the nine following counties . berkshire ch●shire hunting ●●nshire kent leicestershire northamptonshire staffordshire wil●shire worcestershire and only the full number , of knights of the shire in buckinghamshi●e nottinghamshire , rutlandshire , merionethshire . york westminster bristol canterbury chester exceter oxford lincoln worceste● c●ichester carlisle rochester coventry wells have no citizens in the house . and but one of the 4 for london , 1 for norwich , 1 for bath , glocester and salisbury alone of all the cities in engl. having their full number . and there will also appear now wanting & excluded about 313 burgesses and many of them of the principal burroughs in engl. so that the whole number now permitted to sit is about 89 and the whole number excluded or wanting 420 besides the lords so tha● upon an indifferent calculation and survey , there will scarce the 10th part of the commons be found at this time to have members representing them in parliament , and yet these take upon them to act , enact and impose , * taxe● not only as a whole commons house , but as as an absolute , full and compleat parl. of england , yea of ireland and scotland besides ▪ whose parliaments they have quite swallowed up , and monopolized to themselves ▪ imposing taxes on them , which no english parliament ever did . c. plinii pan trajano dictus melius omnibus quam singulis creditur : singuli enim dec●pere & decipi possunt ●●nemo omnes , neminem o●nes fe●ellerunt . finis . printed january 30. 1659. notes, typically marginal, from the original text notes for div a91189e-250 a exact collection p. 199. b ibid. p. 203. c ibid. p. 264 , 281. d exact collection , p. 491. e ibid. p. 494. * nota. f exact collection , p. 494 , 496. g exact collect . p. 497. h ibid. p. 509. i exact collection , p. 657. k exact collection , p. 632 , &c. l exact collection , p. 666. m exact collection , p. 773. n exact collection , p. 657 , 658 , 663 , 664. o exact collection , p. 696. p ibidem p. 697. (q) exact collection , p. 727. r p. 728. s p. 729. t exact collection , p. 736. u ibid p. 802. x ibid. p. 823. y ibid. p. 325. z ibid. p. 907. a exact collection , p. 932. & appendix , p. 4. b a collection of orders and ordinances of parliament in fol. p. 807 , 816 , 890. c a collection , &c. p. 422 , 424. d a collect. p. 496. e. essex title . e ibid. p. 599. f ibid. p. 877 , 878 , 879. g ibid. p. 877 ▪ * exact collection , p. 491 , 492. 498 , 508 , 567 , 570 , 574 , 617 , 631 , 636 , to 677. 812 , 813 , 814 , 816 , 826 , 827 , 832. 834 , 890 , 891 , 898 ▪ 902 , to 920. * none therefore , much lesse the majority of them may or ought to be suspended or secluded by the minority , or armed force . * see mr. pry●●es speech , decemb. 4. 1648. * mr. edward stephens , and col. birch . * the army officers had thrice accesse into the house , the very day they secured and secluded the members out of it . * a pretty distinction to evade their order . nota * exact collection , p. 36 , to 60. * who to make it sure dissented also , dec. 20. nota. nota. * see mr prynnes true and perfect narrative . * this was a new addition , not mentioned in any former orders . * not entred . * fidelissima custodia illius innocentia , hoc inexpugnabile munimentum munimento non egere , pli● . pa● . traja●● dictus . (a) see mr. prynnes , 1 part of the register of parliamentary writs , p. 27 , 28 , 177 , 215 , part 2. p. 80 , 81 , 82. plea for the lords , p. 278 , 279 , 280. (b) plea for the lords , p. 21 , to 37. the 1. pt. of the register of parliamenttary writs , p. 13 , 27 , 31 , 112 , 432 , 434. 435 , to 440. exact abridgment ▪ p. 43. (c) first part of the register of ▪ parliamentary writs , p. 24 , 28 , 29. plea for the lords , p. 22 , to 27. exact abridgement , p. 11 , 13 , 14 , 19 , 31 , 36 , 46 , 51 , 69 , 73 , 78 , 90 , 92 , 96 , 105 , 120 , 144 , 154 , 167 , 173 , 18● , 188 , 193 ▪ 195 , 201 , 281 , 286 , 287 , 288 , 290. 298 , 308 , 454 , 464 , p. 50 , 66 , 74 , 152 , 169 , 318 , 321 , 335 , 373 427 , 128 , 430 , 440 , 665. * 8 h. 6. c 7. 33 h. 8. c. 27. exact collection , p. 146. 274 , 494 , 700. a collection , p. 284. grotius de jure belli . l. 2. c. 26. 15● * cook● 〈◊〉 report , p. 34. 35. see scobels memorials of the method and manner of parliaments , c. 4. 6. (f) scobels memorials . cooks 4 institutes , p. 32. g dyer , 182. a. 196. a. ashes tables , error 65 , to 75. and the lawbooks there cited . (p) scobels mem●●als , c. 12. see 31 h. ● . i see 31. h. 6. c. 1. 39 h. 6. c. 1. brook and fitzherbe●● , and ash . title dure●s . a collection , p. 221 , 222 , 700. (b) plea for the lords , p. 23 , 24 , 25. (c) exact collection , p , 34 , to 60. (a) a collection of ordinances , p. 294 , 357 , 513. * 21 jan and 5 feb. 1643. & 4 , 5 , 8 , 9 , 10 , 11 , 12 , 16 , 20 , 22 , 26 , 29. augusti . 2 , 6 , 7 , 12 , 16 , 19 , 22 , 23. sept. 4. octo. 1642. see the parliament rolls , wherein receivers & triers of petitions are still appointed at the beginning of every parliament . exact abridgement of the records of the tower , tit. parl. in the table . the 1. art of the register of parliamentary writs . and plea for the lords , p. 430 , 431 , 432. * plea for the lords , p. 2●4 to 283. * being by act of parliament . (m) lit sect. 678. cooks 1 inftit . ● 35. 209 , 352 , 356 , 357. 142. hobards reports , p. 85 , 86. dyer 165. 2 r. 2. c. 2. * cicero in antonium , (p) s●●●i●zherbert , brooks , s●●ham and ash title variance . * seneca tragin medae● . * alexand ab alexandro , gen. dierum , l. 4. c. 11. interrog●vit quisque quod placuit ; di●●e●tire , discedere , & copiam judicii sui reip. facere : tutum f●●t , consultio●nes atque dinumerati sumus , vicitque sententia ●on prima ▪ sed melior & major . c. plin. pan. trajano dictus , p. 145. * gen ▪ 18. 25. * exact collect . p. 496. s evact collection . p. 650 , 655 , 657. t exact collection , p. 259 , 260. u modus tenendi parliamentum , cooks 4 ▪ instit. c. 1. x a collection of ordinances , p. 13. 14 , 33 , &c. y a collect●o● p. 200 , 201. * a collection p. 452 , 453 , 454 , 455 , 513. (z) see the 2d . part of the history of independency , and their declaration of 17 march ▪ 1648. * a lawyer now ●itting , lately used these words of the secluded members , that they would still keep them out perforce , and hold their noses to the grindstone , because they had the army on their side . (a) rom. 2 , 1 , 2 , 3. prov. 24 , 21 , 22. obad. 15. 16. judg. 16. 8. rev. 13. 10. * cooks 11. rep. f. 98 , 99. (b) pan. trajano dictus , p. 93. & lip●ius commentar. . ibid. p 94. (c) de clementia , l. 94. d in antoni●m . (e) register of parliamentary writs , part 1. p. 6. (f) 39 e. 3. 7. 2 r. 3. 11. 8 h. 6. 34 , 35. 4 h. 9. 10 17. 1 jac. c 1. brook parl. 26 , 40. 41 , 98 , 101 ▪ cooks 4 instit. c. 1. * cooks 2 instit. p. 530 , to 536 mr. hacwel●s , judge hut●ons , crooks , and mr st. johns arguments & speech against shipmony and impositions . (h) groti●s de jure del i , & p. ci● , l. 2. c. 15. feet 3. alex , ab alevandro , gen. di●●um , l. 4. c. 11. * page 8 , 9 , 10. 14. * the seizing of 4500. pounds ready money by armed troopers and souldiers in a citizens house in pauls church-yard at 12. of the clock at night , the 27th . of this january , and carrying it away by order from white-hall , is a memorable performance of this declaration . * si● robert pye , and major fincher . * see the letters from the co●nties of cornwall , devon ▪ berk● , glocester , northampton , suffolk , &c. * the highest & worst of tyra●n●es and treasons . * rom. 13. 2 , 3 ▪ 4. 1 pet. 2. 14. * exact co●●●tion , p. 13. notes for div a91189e-14480 * and that not only on the laity , but clergy too : who cannot legally , and were not formerly taxed , but only by their own ●●ee grant and con●ent in convocation . jus patronatus, or a briefe legal and rational plea for advowsons, or patrons ancient, lawfull, just and equitable rights, and titles to present incumbents to parish churches or vicaridges, upon vacancies. wherein the true original of advowsons and patronages, together with their justice, legality, equity, are demonstrated; and a full jury of legal writs and remedies (provided by our municipal lawes for defence and recovery of patrons rights, against all usurpations or encroachments on them) produced; as a seasonable antidote, against the late anomolus vote passed to their prejudice, without any hearing of patrons by their councel, or lawful tryal by their peers. whose duty is here declared; and our fundamental laws defended. compiled for the present and future benefit of our churches, ministers, and all true patrons of them. by william prynne of swainswick esq; prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91199 of text r203240 in the english short title catalog (thomason e735_1). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 145 kb of xml-encoded text transcribed from 29 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91199 wing p3988 thomason e735_1 estc r203240 99863270 99863270 115460 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91199) transcribed from: (early english books online ; image set 115460) images scanned from microfilm: (thomason tracts ; 113:e735[1]) jus patronatus, or a briefe legal and rational plea for advowsons, or patrons ancient, lawfull, just and equitable rights, and titles to present incumbents to parish churches or vicaridges, upon vacancies. wherein the true original of advowsons and patronages, together with their justice, legality, equity, are demonstrated; and a full jury of legal writs and remedies (provided by our municipal lawes for defence and recovery of patrons rights, against all usurpations or encroachments on them) produced; as a seasonable antidote, against the late anomolus vote passed to their prejudice, without any hearing of patrons by their councel, or lawful tryal by their peers. whose duty is here declared; and our fundamental laws defended. compiled for the present and future benefit of our churches, ministers, and all true patrons of them. by william prynne of swainswick esq; prynne, william, 1600-1669. [8], 47, [1] p. printed for edward thomas, and are to be sold by him, dwelling in green arbour., london, : 1654. annotation on thomason copy: "may. 5.". reproduction of the original in the british library. eng boyle, robert, 1627-1691 -bibliography -early works to 1800. church of england -benefices -early works to 1800. benefices, ecclesiastical -early works to 1800. a91199 r203240 (thomason e735_1). civilwar no jus patronatus, or a briefe legal and rational plea for advowsons, or patrons ancient, lawfull, just and equitable rights, and titles to pre prynne, william 1654 24800 279 0 0 0 0 0 112 f the rate of 112 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 aptara keyed and coded from proquest page images 2008-09 john latta sampled and proofread 2008-09 john latta text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion jus patronatus , or a briefe legal and rational plea for advowsons , or patrons ancient , lawfull , just and equitable rights , and titles to present incumbents to parish churches or vicaridges , upon vacancies . wherein the true original of advowsons and patronages , together with their justice , legality , equity , are demonstrated ; and a full jury of legal writs and remedies ( provided by our municipal lawes for defence and recovery of patrons rights , against all vsurpations or encroachments on them ) produced ; as a seasonable antidote , against the late anomolus vote passed to their prejudice , without any hearing of patrons by their councel , or lawful tryal by their peers . whose duty is here declared ; and our fundamental laws defended . compiled for the present and future benefit of our churches , ministers , and all true patrons of them . by william prynne of swainswick esq lam. 3. 35 , 36. to turn aside the right of a man before the face of a superiour , to subvert a man in his cavse , the lord delighteth not . job . 34. 17. 30. shall even he that hateth right , govern ? &c. whether it be done against a nation or man onely ; that the hypocrite reign not , lest the people be ensnared . mich. 2. 1 , 2 , 3 , 4 , 5. wo to them that devise iniquity and work evil upon their beds , when the morning is ligh they practise it , because it is in the power of their hand . and they covet fields and take them by violence , and houses and take them away : so they oppresse ( or defraud ) a man and his house , even a man and his heritage . therefore thus saith the lord , be old against this family do i devise an evil from which ye shall not remove your necks , neither shall ye go haughtily ; for this time is evil . &c. london , printed for edward thomas , and are to be sold by him , dwelling in green arbour . 1654. to the unprejudiced reader . courteous reader , preventing physick being ever held more safe then removing , i presume this jus patronatus , and brief plea for patrons of our churches rights , though it come forth some * months after the sodain unexpected votes against them , without hearing or summons ; will neither seem unseasonable nor unnecessary , seeing it may prove a special antidote and demurrer to its future execution , or revival to the prejudice of our church , ministers , religion , nation in general , and disinheriting all patrons of their antient , just and legal inheritances , and advowsons in particular . i conceive the power , animosity , activity , hopes of the jesuitical and anabaptistical contrivers , prosecutors of that grand design and vote , are not yet so inconsiderable , despicable , dead or languishing , in these times of sodain great revolutions , changes of our government and governors ( three of which we have unexpectedly seen and admired at within the space of ten whole months ) but that they still expect during this running wheel of our fluctuating state & church affaires a those spokes in few months time may possibly be uppermost , which now are low , or lowest ; and those who now are highest , securest , as low as the very dust . peruse but these sac e l texts , dan. 4. 29. to 34. dan. 5. throughout , specially v. 30 , 31. judges 1. 4. to 8. exod. 14. and 15. 2 kings 7. 7 , 8 , 9. 10. c. 19. 35 , 36. prov. 24. 21 , 22. c. 29. 1. psal. 90. 5 , 6 , 7. 2 sam. c. 15. and 16. and 18. and 19. esther c. 5. to 10. psal. 73. 18 , 19. job 20. 4 , 5. &c. psal. 37. psal. 92. 6 , 7. job . 1. and 2. and 42. mich. 7. 8. 9. isay 10. and 13. with other texts : and consider the sodain great changes , revolutions recorded in them both in relation to kings , kingdomes , nations , armies , grandees , rulers , good and bad , saints and sinners , jews and gentiles ; and then the highest and most secure ( who know not what one day may bring forth , prov. 27. 1. jam. 4. 13. &c. ) may yet justly fear , expect changes in our church , state , and prepare to prevent all plots and designs for the ruine of both ; long since layd by thomas campanella , de monarchia hispaniae . c. 25. 27. &c. the jesuit parsons ( discovered by watson in his quodlibets ) carddinal richelieu , and others ; since vigorously prosecuted by our forraign common popish adversaries and their agents under a pretext of friendship , and other specious ends , to effect our a desolation in conclusion . the chief particulars whereof in respect to our religion are , c to put all churches , colledges , lands , rectories , tithes , revenues into feoffees hands ; to allow only arbitrary pensions out of them to ministers and schollers for their maintenance , and convert the rest to other uses : to erect itinerary predicants fixed to no certain places , instead of parochial ministers , allowed and chosen only by a select committee , not presented by our patrons . to broach old heresies and new opinions in religion by jesuitical emissaries and seminaries in all places : to sow the seeds of schisms and divisions not only in divinity but likewise in philosophy and all other arts and sciences , to distract and divide us : to promote and cry up the study of astrology , to alienate mens minds from religion and piety . to set up new orders , sects , religions , and procure a general toleration of all religions : to revile and disgrace our antient ministry , ministers : question all antient truths , principles of religion , and articles of the creed ; which joannis baptista poza and some other english and spanish jesuites have done : as you may read at large , in societatis jesu novum fidei symbolum : and in impia , scelerata & horrenda anglicorum : & hispanicorum jesuitarum censura in symbolum apostolorum : printed 1641. at the end of alphonsi de vargas , toletani , relatio ad reges & principes christianos . de stratagematis & sophismatis societatis jesu ad monarchiam orbis terrarum sibi conficiendam : out of which all the late blasphemous monstrous opinions and heresies broached amongst us , have been originally extracted and vented by the jesuites under other disguises , as those who compare them may at first discover . what their designs have been to change and ruine our monarchy , kingdomes , government , lawes , state ; you may read at large in thomas companelle : de monarchia hisp. c. 25. 27. watsons q●odlibets ( specially p. 309. to 334. ) romes master-piece , hidden works of darknesse brought to publique light , and my speech in parliament . take the main of all , in the politique instructions of that arch-machiavilian , cardinal richeleiu : who after d he had ( by the jesuites and popes nuncioes assistance ) raised the first wars between england and scotland e , promoted , foment●d the horrid rebellion in ireland ; and raised an unnatural division and warre between our king and parliment , in his life , recommended these instructions to the french king ( and mazerin his successor ) at his death , an. 1642. since published to the world by a noble italian earl , conti de galeazzo gualdo priorato , in his historia , part 3. ( printed at venice in quarto , anno 1648. in italian , and dedicated to the king of poland ) p. 175. 176. che sopra , &c. that above all other things , he ( the french king ) should endeavour to keep the government of great britain divided and disunited , f by upholding the weakest party , that the other might not make it selfe over powerful , reducing the three kingdomes of england , scotland and ireland , to be divided ; either , by nominating other kings ; or , by reducing it to a common●wealth ; yet with this caution , that when it is reduced to a common-wealth , so to order it , that it may not be entirely one , but divided . for republiques , ever enemies to potent neighbours , ought to be suspected by the state of france . how successfully these plots have been pursued , we all visibly behold and feel by sad experience . the lord open our hearts to consider it now at last and prevent our intended ruine by them before it be over-late . i confesse i have ever met with very poor encouragements , and g manifold grand discouragements , affronts , from pretended christian friends , as well as foes , and men of all sorts , for writing , publishing or acting any thing for the common-weal , defence , safety of our church , state , religion , laws and publique liberties , or discovering any jesuitical designs to undermine them ; having been so ingratefully requited , so despitefully used , by seising my writings , papers , letters , records , books ; denying me the use of pen , ink , paper , books , intelligence by letters , or free conference with any ; the liberty of gods own publique ordinances ( to omit all publique injurious calumnies , censures , corporal sufferings ) and cooping me up for many years close prisoner in remotest parts under strictest guards , of purpose to hinder me from such good publique services , to my great temporal losse & republikes prejudice . but the cordial zeal , love , duty , i bear to my great saviour , deliverer , enlarger , his church , ministers , people , truth , cause , and the weal of my native countrey , religion , nation , have engaged me to neglect , contemn all difficulties , remoraes , oppositions , to do them all the services i can in my generation ; to adventure my estate , liberty , life , and spend all m● studies in their behalfe , according to the impulse of my conscience ; expecting my whole h reward in heaven above , what ever befalls me for it here . and this , this only , without private ends , sinister respects , or prejudice against any sincere patriots designes , or real publique endeavours for our churches or nations settlement upon i sure foundations of justice , righteousnesse , truth , piety , sincerity , restitution of all to their just rights and publique liberty ) hath engaged me to the compiling of this short ( and i hope seasonable useful ) plea for patrons ; ( and occasionally , for our fundamental laws and liberties now struck at ( which i humbly submit to thy impartial censure ( being a theam which few or none have purposely and particularly handled ) and commend , with my prayers , to gods tuition and benediction alone , to whom i devote it . farewell . jus patronatvs or a breif legal and rational plea for advowsons , &c. the present injurious , that i say not unrighteous designe , of some anabaptistical and jesuitical furies , to abrogate all advowsons , and strip all patrons of their ancient , legal , just hereditary rights to present any future clerks and encumbents to ecclesiastical benefices , or parochial churches , by meer arbitrary illegal votes , without any judicial sommons , hearing or legal trial by their peers , cont●ary to the expresse letter of the great charter of england . ch. 1. and 29. the statutes of 25. e. 3. ch. 4. 28. e. 3. ch. 5. 37. e. 3. ch. 18. the petition of right . 3. caroli : the common law of england , the liberty and property of the subject , after so many years bloody contests for their pretended , if not intended defence ; hath engaged me to compile this short apology , and plea for patrons just rights of presentation to those churches whereof they have the advowsons , against this unparraleld usurpation on them , for the information of the ignorant , conviction of the seduced , and refutation of the obstinate promoters , of this destructive project , covertly containing in its bowels these particulars of great concernment , which should excite all true patrons , lovers of our religion , church , ministers , ministry , lawes and publ●que liberty , to abominate and oppugn it . 1. a jesuitical and a anabaptistical plot , to suppresse subvert all our parochial ministers , together with their ministry , throughout the nation at once ; which will n●c●ssa●r●ly , easily and speedily be effected , when deprived of the legal patronage , countenance , assistance of their patrons , and exposed to the arbitrary injustice of these new projectors and their agents . 2. a like designe , to b abolish all parochial congregations ; and then to demolish to the ground all parish churches and chappels ( for if they were * razed to the ground : it would be well , writes canne ; ) or else to dispose of them otherwise and better to such ( anabaptists and iesuites ) as will freely declare the misteries of the gospel ( or rather of c iniquity ) to the people ; for a time , and then fl●ece them afterwards . 3. a sacrilegious project , to d abrogate all our ministers ancient maintenance by tythes , glebes , rectories ; and dispose of them to other uses ; to starve and famish both them , and their successors , by taking away the food and maintenance whereby hither to they have been nourished , fed and kept alive : they are cannes very words , such is his unchristian charity , and antichristian cru●lty towards our ministers , and their families . 4. a present erection of a new unordained , vagrant , itinerant , irregular , stipendiary ministry ( if it deserve that title ) fixed to no certain place , in leive of parochial ministers ; wandring up and down throughout the nation , ( like the preaching friers and jesuites , in foraign parts , and some anabaptistical predicants at home ) to vent their anabaptistical , jesuitical , monkish errors , heresies , blasphemies , innovations , whim●ies ( to divide and distract the people into endlesse sects , schismes , conventicles , heresies , contentions , factions in all parishes , places ) to the utter desolation of our church , subvertion of our established protestant religion , and enslaving of our nation at last to the antichristian tyrany of the pope , jesuites , and spanish monarch . a plot long since layd for this very purpose , by that arch-traytor to our church and state , robert persons , the engl●sh jesuit , in his memorial for reformation , written at sevil in spain , 1596 ▪ as you may read at large in william watson his quodlibets , printed : 1602. p. 92. 93. 144. 289. william clark , his reply to father parsons l●ble : published . 1603. fol. 74. 75 ( both seminary priests ) and parsons h●s own manifestation . fol. 56. 57. yet now eagerly prosecuted by john cann● in his voyce . p. 24. to 30. and other anabap●ists , who are but the * jesuits instruments , confederates in all these designs . 5. a jesuitical project to draw a general infamy , odium , d●testation upon our religion and nation throughout the christian world for sacriligious rapines , viol●nce , injustice : and to discourage all charitable , well-affected people in our nation , from all future publique works of piety and charity ; when they shall behold the fabrikes , endowments , revenues of our churches , and all the bounty , piety , charity of our religious ancestors to gods church and ministers , most impiously s●cralegiously dissipated , substracted , prophaned , invaded , plundered , demolished , perverted to quite contrary uses ; and the heires , successors , assignes of all such who at their proper costs , first built our parish churches , and endowed them with rectories , glebes , tithes out of their own lands and inheritances , most inju●iously , ungratefully , desp●efully disinherited and deprived of their anc●ent unquestionable lawfull rights to present any future encu●bents to them , wh●n voyd ; disabled ( * contrary to our lawes and com●on ●quity , which resolve , they ought to revert to the donors and founders and their heirs ) to rep●ssesse those rectories , gl●bes , tithes endowm●n●s ther ancesters fr●●ly conferred on them ; being made a pry to strangers , who can pretend no colour of title to them by any lawes of god or man ; and may by like violence and injustice seise upon their m●ors , lands , as well as upon their advowsons , rectores , churches , which are appendant to them . to prevent these desperate plots now strenuously pursued and involved in this one designe against patrons rights and advowsons , i shall briefly relate , the true original of our parish churches and of patrons titles to present encumbe●ts to them , unknown to most ; which will fully discover the equity & justice of this their right , which some deem unreasonable , and injurious to the parishioners , and then present you with a full jury of legal writs , and remedies , provided by the common and statute lawes of england for the defence , and preservation of patrons interests in their advowsons , churches , against all invasions or vsurpations on them to their prejudice . the title advocate ( from which the word advowson is derived , or to which at least it relates , is attributed to our saviour jesus christ himself , 1 john 2. 1. the advocate general of the whole church and every particular person unto god the father , to plead their cause , and make intercession on their behalf . michael 7. 9. lamentations 3. 58. 1 samuel 24. 15. c. 25. 39. psal. 35. 1. psal. 43. 1. psal. 119. 154. prov. 22. 23. c. 23. 11. chap. 31. 9. jer. 50. 34. chap. 51. 36. job . 16. 2● . isay 5● . 12. rom. 8. 26. 34. chap. 11. 2. heb. 7. 25. which well explain both the office and d●ty of our advocates of our churches , being the same in substance , with that of known advocates , pleaders or counsellors at law , for their cl●rts in courts of publique justice ; for which you may consult federicus lindebrogus , and sr. henry ▪ spelman in their gl●ssaries , calvins lexicon jurid●cum , summa angelica , rosella , hostiencis , antonius corsetus ( his repertorium ) and thomas zerulu ( his praxis episcopalis ) titled advocatus . the title patronus or patron of a church is of the self-same signification , and imports the same office and duty as advocatus ; and it is somewhat more large then it ; implying not only a patronage , protection or defence of the incumbents churches cause when there is need in courts of justice by way of plea or intercession ( as advocate properly doth ) but also their defence and patronage by the sword in the field ; when assaulted by open armed adversaries , sacrilegious church ▪ robbers or bloudy persecutors ; ( as the ancient * othes of our kings and knights of all sorts when invested in that dignity abundantly evidence ) by the pen , when invaded by hereticks and shismaticks ; ( upon which account the pope bestowed the title of e patron or defender of the faith , upon our king henry the eight , for writing in defence thereof ( as he conceived ) against luther , and likewise by the purse ; by supporting , repairing the fabricks of the churches they , o● their predecessors , first erected , as there is occasion ; by endowing them with convenient maintenance , or encreasing their dowry where incompetent ; by providing against its alienation diminution , substraction ; and recovering it when invaded , diminished or substracted by others , or alienated , d●lapidated or unjustly incumbred with annuities or other charges by the incumbents without their privities or assents ; and in one word in becoming nursing fathers and nursing mothers to the churches and ministers whereof they are patrons , according to that of isay , 49. 23. c. 60. 10. rev. 21. 24. 26. hence the f master and lord of any servants or enfranchised slaves was stiled patronus , their patron ; and they sayd to be in patrocinio ejvs , as you may read at large in fredericus lindebrogus his glossarium : and codex legum antiquarum . leges wisigothorum . l. 8. tit. 1. l●x . 3. 4. leges longobardorum . lib. 1. tit. 8. lex . 31. leges burgundiorum , addit . 2. sect. 2. and that because they were bound to protect , defend , maintain , feed , and provide for their servants ; for which by the roman law , libertus patrono , donum , munus , operas , d●b●bat . d●gest . lib. 38. tit. cod. l , 6. tit. 3. as incumbents ought to instruct , pray for , expresse their gratitude to their patrons in a christian and civil ( though not i● a corrupt or symoniacal ) way , and to sow unto them spiritual things , because they reap their carnal things . 1 cor. 9. 11. phil. 3. 10. to 22. compared with chap. 1. 3. 4. 9 , 10 , 11. 2 timothy 1. 16. 17. 18. g the emperor of germany , heretofore was usually st●led , advocatvs and defensor eclesiae , in his imperial title ; as henry the eighth , and the kings of england since were stiled , defendor of the fait● . h●nce those two verses over the cou●sel-chamber door in guilds hall london . carolus , henricus vivant , defensor uterque ; henricus fidei , carolus ecclesiae . the reason of which title was , because the emperor charls , when crowned at bologna by pope clement , the seventh , took this solemn oath . ego corolus , &c. pollicior , testificor atque juro , me in posterum pro viribus , ingenio et facultatibus meis pontificiae dignitatis et romanae ecclesiae perpetvvm fore defensorem , nec ullam ecclesiasticae libertati vim illaturam ; sed potestatem , jurisdictionem et dominationem ipsius , quoad ejus fieri potest conservatvrvm . and the emperor ferdidand the second in the articles of capitulation with the princes electors , promised during all his raign : vniversam christianitatem , &c. et christianam ecclesiam tan qvam illivs advocatvs , fideli protectione conservare . yea some of the old kings of sicile used titles in their stile somewhat like this ; as chrstianorvm adivtor , clypevs et defensor , as mr selden observes out of scipion mazzella . descrit . de. napoli p. 471. these general titles of theirs in relation to the whole church , faith , ministers , and christians within their dominions being dirived from the s●les and titles of advocates and patrons of particular parish churches , in use , some hundreds of years before them . and this may suffice for the title , office and duty of advocates and patrons , of churches . the h statute of westminster , the 2. 13. e. 1. c. 1. recites , that before its making if a man gave lands to a man , and the heirs of their bodies upon express condition , that if they dyed without heirs of their bodies between them begotten , the land so given should revert to the giver , or his heir , that yet the doners by their deed and feofment might disinherit their issue of the land , contrary to the minde of the givers , and contcary to the form expressed in the gift . and likewise bar the doners of their reversions , though directly repvgnant to the form of the gift , which seemed very hard to the givers , and their heirs , that their will expressed in the gift was not observed and the like it seemed to the whole parliament , which to prevent such injury , injustice and unreasonable dealing for the future , and perceiving how necessary & expedient it shovld be to provide remedy in the foresayd cases , ordained . that the will of the giver , according to the form of the deed of gift , manifestly expressed , shall be from hence forth observed ; so that they to whom the land was given under such condition , shall have no power to alien the land so given ; but that it shall remain to the issue of them by whom it was given , after their death ; or shall revert to the donor or his heirs if issue fail . the substance of which law , we find thus ratified in the very gospel , gal. 3. 15. brethren i speak after the manner of men ; though it be but a mans testament , yet if it be confirmed no man disanvlleth it , or addeth thereto . the justice and equity , of this statute , is very pregnant and pertinent to the case of patrons adowsons , and the fabricks , lands and endowments originally given by them , or their ancestors to the church . and incumbents and their successors in these four particulars . 1. it resolves it to be both just , rationable , equitable , that the founders and donors of lands , glebs , revenues and tiths to parish churches or chappels , and their heirs and grantees after them , should perpetually enjoy the patronages , advowsons , and reversions of them , which they commonly or specially reserved to them upon their original foundations and endowments : so as to present unto them upon every vacancy : as well as the donors in tayl , and their heirs enjoy the reversions of all lands given and granted by them to others , and that i by general construction of law , as well as by their own special reservation . 2. that it is as hard , unjust and injurious to take away , or debar them of their right of advowsons and presentations upon voydances , or of the fayl , fabrick , rectories , glebes , and other endowments conferred by them on parish churches for publique assemblies , and the maintenance of gods worship and the incumben●s only , and to no other uses , in case all parish churches , rectories , glebes , tithes be voted down and abolished ( is many now strenuously endeavor ) as it is to debar , defraud deprive donors in tayl and their hei●s or grantees of the reversions reserved on their gifts and grants , in ●ayl after the decease of the tenants without issue ) or founders of abbies and other corporations of their k eschetes , after the corporations expi●ation or dissolution . 3. that it is as unjust , unconscionable , illegal for any incumbents to alien or change their churches , rector●es , or glebes in any kind , to the prejudice of his successor , against the will and intention of the founders , as for a tenant in ●ayl , thus to prejudice or disinherit his issue against the donors express will , especially without the patrons consent and concurence . and therefore l all such alienations and changes are either , voyd or voydable by our laws , either by the succeeding incumbents by an actual entry , or juris utrum and the like ; or ●lse by the patrons , by a writ of contraformam collationis ; in whom the right and inheritance of the church resides , not in the incumbent , nor yet properly in alyance ( a meer idle fiction ) as our law-books vainly fancy . 4. that it is both unrighteous , impious , yea sacrilegious to rob godly ministers and people of the inheritance , possession , use , benefit of those churches , chappels , rectories , glebes , tithes , which our pious ancestors have solemnly devoted , and dedicated to them , against their manifest wills , intentions , ( yea m solemn execrations and anathemaes ) mentioned in their original charters of foundation and dedication , and to turn them to any other prophane uses . yea a gross injury and indignity to the patrons of them , whose original right to advowsons and presentations , i shall now briefly manifest out of histories , canonists and common law books . in the beginning of christianity , the apostles , and ministers of the gospel next succeeding them , ( as is evident by the n acts of the apostles , pauls several epistles to the churches of rome , ephesus , corinth , colosse , philippi , thessalonica ( all famous cities ) tit. 1. 5. and o ecclesiastical histories ) first preached the gospel , fixed their residence , planted , gathered , erected churches both of converted jews and gentiles , only in chief cities of great resort ; from whence the gospel spreading it self by degrees into adjacent country villages , and places more remote , and the multitudes of christians so increasing , that the churches first erected in these great cities , could not contain them , nor the believers in the country villages ( by reason of their necessary occasions and remotenesse ) conveniently , frequently , and constantly repair to gods publick ordinances in these city churches every lords day , and on other times after christian assemblies , upon special occasions ; p thereupon some christians began to erect churches , chappels , and oratories , in country villages , by publick contributions of well-affected converts at first , supplyed by such ministers who resided with the evangelical bishops and ministers of these cities , as part of their families . which churches and oratories being afterwards burnt or demolished in most places , and in this our iland , by dioclesian , and other persecuting pagan emperours ; it pleased god to raise up q constantine the great ( our famous countryman , born at york , and the first christian emperour ) to be an extraordinary nursing father ( as helena his mother , to be a great nursing mother ) to his church ; who vanquishing and putting to death the grand persecutor licinius , demolished pagan idols , temples , idolatry , throughout the rom●n empire ; caused the gospel to be freely preached throughout his dominions ; and erected divers stately churches for gods publick worship in several places , endowing them with lands and revenues , to support and encourage the ministers of the gospel , officiating in them ; by whose pious munificence and p● , other christian kings , princes , nobles , and landed persons in his reign , and succeeding ages at their own proper costs and expences , built convenient stately churches , chappels , oratories , in all christian realms , and in this our iland , within their respective mannors , lordships , lands , territories , neer their own mannor or mansion houses for the most part , ( as we see at this day by ocular experience in most places of england and other nations ) for themselves , their wives , children , families , tenants ease and convenience , where they might constantly meet together to hear gods word , pray , receive the sacraments , worship god , and enjoy all publick ordinances , for the better conversion , edification , consolation , and salvation of their souls : and for the encouragement and maintenance of able ministers constantly to reside and officiate in them , in all succeeding ages , for the benefit of their posterity , and gods greater glory , they did , out of their own lands , and inheritances , freely endow the ministers of these respective churches , and their successors for ever , with competent and convenient houses . rectories , glebes , tithes , rents , revenues , by special charters and instruments ( r many of them yet extant ) with general and special warranties against all claiming under them , and dreadfull execrations against all such persons who should sacrilegiously endeavour to d●fra●d or deprive god , or his ministers , in part or in whole , of what they had thus dedicated and devoted to them . in some of which foundations and endowments of charters , ſ two or more lords and landed men concurred , where they had lands in common or contiguous , but in most of them , one lord alone , where the mannors were large and entire . now because both the soil whereon these churches were built , together with the church-yards thereto annexed for interring the dead ; these fabricks of the churches , with the parsonage houses , rectories , glebes , revenues , and tithes thereto annexed , for the ministers maintenance , proceeded originally from these founders bounty , piety , donation , and no way from the parishioners , who were but the founders tenants , servants , or children , and held their lands from , by , or under them , charged with such tithes as they first granted out of them to the ministers , ( still allowed to them in their leases , fines , purchases in all succeeding ages , by a proportionable defalcation according to their ordinary valuation ; ) both the t common , canon , civil lawes of our own , and other realms , and the very dictates of reason , iustice , equity , held it reasonable , just , equitable , that these pious , bountifull founders , and benefactors should reserve the full and absolute power of bestowing , conferring the rectories , benefices , tithes , and profits of these churches upon every avoydance by death , resignation , cessein , translation , deprivation , or otherwise , on such incumbent ministers as themselves , their heirs and assigns should nominate and make choyse of for their ministers and chaplains ; it being held both unjust , unreasonable , unconscionable , injurious and ingrate , that the parishioners , or other strangers , who contributed nothing towards the fabricks , soil , or endowments of these churches , and paid no tithes but what originally proceeded from the patrons grants ( allowed to them in their fines and purchases ) should deprive them of , or intercommon with them in their right of presentation upon any voydances ; it being the founders meer courtesie , piety , favour , to admit them and their posterities free accesse at all times to these churches which they founded not , and to reap the spiritual benefit of these ministers and ordinances which they maintained not at their own free cost , but these founders and patrons only : as it is at this day a meer grace and favour , in our inns of court , colleges , and some noblemen and gentlemen in the country , to permit their neighbours and strangers free accesse to their private chappels in their houses , to the ordinances there dispensed by their own hired chaplains and preachers . angelus de clavasio , in his summa angelica , tit. jus patronatus , panormitan , with other canonists , and sir edward cook in his institutes upon littleton f. 17. 6. & 113. informs us , that the right of presenting an encumbent to the church , was first gained by such as were founders , benefactors , or maintainers of the church by their means , viz. ratione fundationis ; as where the ancester was founder of the church , or repairer thereof being quite demolished ; or , ratione dotationis , where he endows the church ; or , ratione fundi , as where he gave the soil whereon the church was built . perchance in some cases these three were distinguished , but for the most part all three concurred in the selfsame persons , who both gave the soyl , fabrick , and endowments of the church for the maintenance of gods publick worship , out of their pious munificence , now grown quite out of date , and reputed by many no better than prodigal superstition , who would be deemed saints of the greatest magnitude , though inspired with a fanatique infernal zeal , only to eat up gods house ; diametrically contrary to the zeal of our pious ancestors , yea of holy david , and our saviour himself , of both which we find it thus recorded in holy writ , psal. 69. 9. john 2. 15 , 16 , 17. the zeal of thine house hath eaten me up ; as it did the zealous founders and patrons of our churches , in times of lesse light , but far greater heat than now . this right of presenting encumbents to churches , thus gained by the first founders , endowers , and maintainers of them , was by the common , canon , and civil law , stiled v jus patronatus , advocatio , jus presentandi , &c. and in english , a patronage , or advowson : and he who enjoyed this right of patronage , presentation , or advowson , was stiled patronus , or advocatus , a patron or advocate , because he was to defend , and patronize the churches , and excumbents right and title upon all occasions , in all courts of justice , as advocates use to dafend their clients causes , advow , justifie them when ever * prayed in ayd , or called upon by the encumbent for to do it . hence bracton l. 4. f. 240. fleta l. 5. c. 14. and cook out of them describe a patron or advocate ; advocatus est ad quem pertinet ius advocationis alterius ecclsiae ut ad ecclesiam nomine proprio non alieno possit praesentare . and angelus de clavasio , panormitan , with other canonists thus define a ius patronatus est , ius hon●r●ficum , onerosum & utile olicui competens in ecclesia , pro eo quod diocesani consensu eam construxit , fundavit vel dotavit ; ipse vel is a quo causam habuit . et dicitur honorificum , quia habet honorem praesentandi rectorem , quia sine ejus praesentatiane si episcopus vel alius prelatus instituit , ipso lure est nulla . onerosum dicitur quia patronus tenetur defendere ecclesiam , ne bona indebite dilapidentur , utile dicitur si venirit etiam , quia sivenerit ad in opiam tenitur ecclesia ex redditibus ultra necessaria remanentibus alimentare patronum pinguius quam alios pauperes . this right of advowson the bishop in some places confirmed to the founder , endower , or his heir , by putting a robe or such like on him at the dedication ; an example whereof we find in the life of x ulrique bishop of auspurg , in one of his dedications about the year 950. where consecratione peracta , d●teque contradita , comprotato illic presbytero , altaris procurationem commendavit , & ecclesiae advocationem firmiter legitimo haeredi panno imposito , commendavit . this right of foundership cannot be eschete or be forfeited . 24 , e. 3. 72. brook eschete 9. this right of patronage and presentation in respect to churches , is the very same in reason , equity , justice , substance , with the y f●unders of bishopricks , deaneries , prebends , abbies , priories , chauntries . hospitals , colleges , free-schools . almes-houses , fellowships , schollerships , and the like charitable edifices for publick use , who by virtue and right of their foundership have the patronages , advowsons , and visitations of them vested in them and their heirs in perpetuity , with power to transfer them unto such other persons as they think meet to in●rust , and to nominate , present or collate bishops , deans , prebends , abbots , priors , priests , masters , wardens , school-masters , schollers fellows , almesm●n , and poor people to them upon every voydance , according to this maxim in law , cujus est dare , ejus est disponere : and that by as good justice and equity , as he that builded an house upon his own land , at his own cost , may justly dispose of it , when it is vacant , to whom he thinks meet , without the license of any others ▪ who have no interest nor inheritance therein . and this right is not only ratified by the examples of king david , and solomen ▪ in the old testament , who being the founders of the magnificent temples of the lord at ierusalem , appointed , ordered , the priests , levites , porters , with all other officers attending therein , and prescribed laws and courses to them . 1 chron. 9. c. 16. 37. &c. c. 22 , & 2● , & 25 , & 26 , & 28 13. 21. 2 chron. 8. 14 , 15. as did ios●●●their●en and successor after them 2 chron. 35. 4. but likewise by that saying of christ himself , mat. 20. 15. is it not lawfull to do what i will with my own ? is thine eye evill , because i am good ? and that expostulation of saint paul ( grounded upon reason , equity , and common practise ) 1 cor. 9. 7 , 8. who planteth a vineyard , and eateth not of the fruit thereof ? or who feedeth a flock , and eateth not of the milk thereof ? say i these things as a man ? or saith not the law the same also ? yea , god himself upon this very ground , that he is the founder of the earth , and all the kingdoms and powers therein , claimeth this privilege , to give them to whomsoever he will ; dan. 4. 17. 25. iob 1. 21. psal. 75. 6 , 7. deu●. 10. 1● . psal. 24. 1. deut. 32. 8. prov. 8. 15 , 16. and therefore founders of churches by the like reason , in their degree may do the like , without any wrong or prejudice to the parishioners or others . see levit. 27. 14 , to 26. deut. 20. 5 , 6. c. 26. 13. 14. esth. 1. 22. these advowsons of churches ( founded and endowed by lords of manors for the most part ) were thereupon by the law of england annexed as z appendant to the manors and land● of the fou●ders , wherein the churches stood , and descended with them to their heirs or successors ; and in case they sold these manors or lands to which they were appendant , the advowsons passed together with them , by a general grant of the manors or lands , with the appurtenances or without them , ( unlesse specially reserved , or severed from them by special grant before ) except only in the kings case , wherein the aavowson could not passe together with the manor by the general word appurtenances , unlesse specially named . and they were such a lay inheritance and fee , whether appendant or in grosse , as were descendable to heirs ; grantable and vendable to strangers , yea a assets , or things of price and value in iudgement of law , not meer inconsiderate or worthlesse privileges , as the marginal law-books resolve . and by the canon law , ius patronatus , or advowsons , were such a right or inheritance which did transire ad heredes & etiam ad extraneos , vel donatione , vel venditione , either as appendant or in grosse , unlesse in cases of symonical contracts , as panormitan , summa angelica and rosella , innocentius , hostiensis , lindwood ; b and other canonists , in this title of ius patronatus , resolve . yea an advowson in grosse , severed from a manor is such an inheritance , as lies in tenure , and may be held of the king in capite , and of any other lord by homage , fealty , or knights service , as is agreed , resolved , 21. e. 3. 5. 33 h 6. 34. 14 h. 7 26. 24 e. 3. 60. 5 h. 7. 36. brook tenures 4. 15 18. 20. 34. quare impedit 99. with other law-books ; yea such an inheritan●e whereof the wi●e of the patron shall be endowed by law ( as fitzherbert in his abridgment , and natura brevium , title dower , with c other books resolve ; ) and both a cessavit and scire facias lye of an advowson , 43 e. 3. 15. 5 h. 7. 37. reg● stes f. 69. cook 2. instit. p. 357. in d elder times , the founders , and patrons of churches had such a full and absolute interest in them , and in all the temporalties , houses , gl●bes , tithes , profits , belonging to them , ( proceeding from their original donation and endowment ) that upon every vacancy they conferred them on their new chaplains and incumbents ( without any admission , institution , or induction from the bishop or arch-deacon , ( introduced by succeeding canons , and popes decretals , encroaching on the patrons right and power ) as really , fully , and immediately in point of interest ; by some ceremony , not differing from our livery and seisin ; as delivering them the ring or key of the church door , with these words , e accipe ecclesiam , receive the church , or the like , as they then and since conferred the free-hold and interest of any other houses and lands to their tenants by their own livery and se●sin ; whence by the phrase of that time , this kind of giving the church to the incumbent by the patron , was stiled commendatio ecclesiae , that is , the lay patrons committing or livery of the church and its endowments to the incumbent to take care and dispose of as a usufructuary of what the patron was proprietary , or as a tenant only for life of that whereof the patron was in reversion ; which mr. selden proves at large . the footsteps of this their primitive right , and iurisdiction , we find yet remaining in some free chappels and donatives founded by our kings , or exempted from episcopal visitation , and jurisdiction , by our kings special charters , which the patrons at every vacancy may fully and freely give , grant , confer to their chaplains , without any presentation at all to the bishop , or other ordinary , or any institution or induction , and may visit by themselves , or their commissaries , when there is occasion , as you may read at large in cooks 1 institutes , and the law-books there quoted f. 344. a. brook presentation al esglise 43. 6 h. 7. 14. 49 e. 3. quare imp. 60. mr. seldens history of tithes ch. 6. p. 91. but in after ages by the 8 general council of constantinople , an. dom. 871. actio . 10. can. 22. the council of rome under gregory the seventh , anno. 1078. the council of lateran , anno. 1119. under calixtus the second ( chiefly summoned against investitures ) the council of lateran under inn●cent the second , a● . 1129. and other popes decrees registred by gratian distinct . 63. 70. and causa 16. qu. 7. the right not only of our own and other kings investitures of bishops in their bishopricks ( whereof they were founders ) only per annulum & baculum , but of all lay patrons investitures of their clerks to any benefices , or other ecclesiastical promotions , were by degrees totally abolished , and they enforced to present all their clerks to the bishops , not only for their approbation , but also institution and induction , without which there could be no plavarly ; and the incumbents were uncapable to sue for any tithes , or receive any profits of their livings ; when as at first they received full possession of their rectories , glebes , tithes , churches from the patrons hands alone , without the bishops concurrence ; who left only the right of presentation , and advowson in the patrons hands , out of which they could not extort it by their canons , as some of them oft endeavoured . but the popes and prelates iurisdiction and canons , depriving patrons of their antient , right of investitures , being now exploded and abolished , it is both reasonable , just , and equitable , that this their right should now be fully restored , revived , and they freely permitted to give full possession to their clerks of the churches , rectories , glebes , tithes and profits , whereof they have the patronages , by giving them livery and se●sin , of them by the ring of the church-door , or delivering them the keys of the church or rectory without any further ceremony , or other institution or induction by any other strangers hands . the right of all patrons and presentations to churches at this day , is either by inheritance and descent from the originall founders and endowers of them , or by original grant and purchase from them , upon valuable considerations . both which tithes , as they f are legal , just , reasonable , equitable by the common , statute and canon laws of our nation ; so are they likewise by the law of god , which both approves , ratifies rights and titles by purchase from lawful owners , gen. 17. 13. 23 , 27. ch. 23. 8. to 19. chap. 33. 19. chap. 47. 10. 22 , 23. chap. 49 , 30. chap. 50. 13. exod. 12. 44. levit. 25. 28. to 52. josh , 24. 32. ruth 4. 4. to 13. 2 sam ▪ 12. 3. chap. 24. 20. to 26. 1 kings 16. 24. jer ▪ 32. 7. to 13. 43 , 44. matth. 13. 44 , 46. chap. 27. 7. luke 14. 18. 1 cor. 7. 30. james 4. 13. prov. 31. 16. rev. 3. 18. chap , 13. 17. it being the very title of christ to his church and saints which he hath bought and purchased with his own blood , acts 20 , 28. 1. pet. 1. 18 , 19 , 1 cor. 6. 20. chap. 7. 23. 2. pet. 2. 1. and likewise rights and titles by inheritance , heirship or descent . deut. 21. 15 , 16 , 17. num. 27. 1. to 12. chap. 36. 1. to 13. josh. 17. 3 : to 7. 2 sam. 7. 12. to 18. 1 kings 21. 2 , 3 , 4. 2 chron. 33. 3. 1 chron. 28. 8. ezra 9. 12. prov. 13. 22. jer. 32. 8. ezech. 33. 24. chap. 46. 16 , 17 , 18. matth. 2. 2. chap. 21. 38. mark 12. 7. luke 12. 13. this right of patrons being then thus warranted , established , by all laws of god and men , cannot be justly lost , forfeited or taken from them ( especially without sommons , suit , hearing or legall triall ) without the highest injustice ; having continued sacred and inviolable hitherto in all ages , a●d publick revolutions , unlesse it be through the patrons own forfeitures , or defaults ; and that either totally or finally , or pro hac vice , for one avoidance onely , in such cases as our law allows of ; as namely . 1. in case of g legal attainders for treason or felony , for which the inheritance of advowsons appendant or in grosse are forfeited to the crown , or lord by escheat , as well as other inheritances . 2. in case of h usurpation upon a purchaser of an advowson and six moneths plenarly , without any action or quare impedit brought by him against the usurper ; in which case the inheritance of advowson is utterly lost by the conrmon law , and the purchaser , or his heir and successor left remedilesse through their own neglect ; and defect of a legal writ ; since a purchaser who never presented , cannot have a writ of right , nor darrein presentment ; nor yet a quare impedit after six moneths elapsed , and a plenarly by usurpation . 3. in case of recusancy ; i popish patrons during their recusan●y onely , being disabled to present or grant any avoidance of any churches or ecclesiasticall livings after conviction ; and their right of presentation granted to the vniversities of oxford and cambridge , by the statute of 3. jac. chap. 5. 4. in case of k symony , which forfeits and voids the presentation , institution , and induction , for that term onely , and transferres them to the crown ; by the statute of 31. eliz. chap. 6. and likewise forfeits the double of one years profits of every benefice presented by symony , to the king , which the corrupt patron is to pay . 5. in the case of outlawry ; which forfeits patrons actuall avoydances before or during the outlawry to the crown , as some l law-books resolve . 6. in cases of negligence when and where the patrons neglect to present a sufficient clerk to the church within six moneths space after the avoidances by the incumbents death , without notice , or within six moneths after notice given by the ordinary in cases of resignation , or deprivation . after which time the ordinary by law may present by lays , to supply the church through the patrons defect , ●●d so deprive him of that presentation onely , but not of the next avoidance ; and that by the common , as well as m canon law . 7. our kings and princes of late times , when they made any incumbent , a bishop used ( by colour of their prerogative ) to present to the incumbents living void by this translation , and so deprive the patron of his right for this time onely ; which upon consideration of all n our law-books , and the arguments pr● & contra , i alwayes conceived to be a late injurious usurpation upon the patrons right , and no true nor ancient prerogative setled in the crown . as for the kings , and other guardians in chivalry usuall presentations to the churches of their wards , during their wardship and minority , it was no prejudice to their wards being in affirmance of their right , and a priviledge given them by our laws , during the wards minority and want of discretion to make choice of able incumbents to supply the cure . in all other cases but these , our o parliament and laws took speciall care for the security and inviolable preservation of all patrons advowsons and right in churches by providing sundry writs and remedies against all usurpations , injuries , prejudices by ordinaries , usurpers , incumbents , or other persons ; a catalogue whereof , i shall here subjoyn . the first is a p writ de recto de advocatione , or droit de advowson , as our statutes and law-books phrase it in english , a writ of right of advowson . this was a writ originall at the common law , triable by duel or the grand assize , which every patron of inheritance was enforced to sue , where any stranger who had no right to present , presented a clerk by wrong to his church , and his clerk was admitted thereto by the bishop , before the statute of westminster 2. chap. 5. which writ no tenant in tail or for life , could sue at the common law after any usurpation suffered by them ; nor any purchaser or heir in fee-simple , but such who could alledge a presentation to the church in themselves , or their ancestors from whom the advowson descended to them . and this is the form of the writ . rex , &c. praecipimus tibi quod sine delatione plenum rectum teneas w. de 2. de advocatione ecclesiae de l. quam clamat pertinere ad liberum tenementum suum : or praecipe a. quod ivste &c. reddat b. advocationem ecclesiae de s. quam ei inivste deforciat , ut dicit . the very title and form of which writ of right , undeniably demonstrate , that patrons of churches have a most just and legall right of inheritance in their advowsons of churches , which the common law takes speciall care to preserve by a writ of right ( of the highest nature ) and to restore to the patrons both justly and speedily , without delay . when unjustly and forcibly outed thereof by any usurpers whatsoever . the second is q a writ de recto de advocatione decimarvm ; which lieth in this case , if there be two patrons of two adjoyning parish churches , and the incumbent of one of the patrons demandeth tithes in the spirituall court , against the incumbent of the other , and one of the patrons sued a writ of judicavit to the bishop to stop the proceedings in his court , for that the right of the patronage should come in question to his prejudice , if the tithes belonging to his church and incumbent should there be given from them by the bishop , without a legall triall by jury at the common law : in this case the patron of the clerk prohibited to sue for the tithes before the bishop by the judicavit , shall have this vvrit , by the statute of westminster , 2 chap 5. in this form . praecipe a. quod reddat b. advocationem decimarum ( medietatis , tertiae , quartae partis , or of a lesser part ; as unius curucatae terrae , &c. as some books are ) and if the right be found at the common law for the patron who brings this vvrit , his clerk formerly barred and remedilesse by the judicavit , shall proceed in the bishops court to recover the tithes against the other incumbent . the third is a r vvrit of assise darrein presentment ; or assisae ultimae praesentationis : being a vvrit onely of possession ; whereby the patron who by himself or his ancestors presented the last incumbent to the church , which was instituted and inducted , shall recover the possession thereof against the disseisor or usurper thereof . this vvrit required the sheriffe to summon twelve free and lawfull men of the vicenage to inquire upon oath : quis advocatus tempore pacis praesentavit ultimam personam quae mortua est , ad ecclesiam de s. quae vacat &c. & cujus advocatio idem a. dicit ad se pertinere . et summoneas , &c. b. qui advocationem illam ei deforciat , quod tunc sit ibi audiendum illam recognitionem . and this is a vvrit originall at the common law , not given by statute , proving a disseising of the patrons freehold . the fourth is , the most usuall and common writ , of quare impedit , the form whereof is this : * quod permittat à presentare idoneam personam ad ecclesiam de b. quae vacat , & ad suam spectat donationem , ut dicit ; & unde quaeritur quod praedictus d. eum inivste impedit , &c. which writ lyes for any heir , purchaser and patron of an advowson in fee , fee taile for life , years ; grantees of the next avoidance onely , for executors , tenants in dower , tenants by the courtesie , guardians or others who have right to present to any church or benefice , though they never presented before ; and that either against the bishop or ordinary , usurper , and usurpers clerk admitted by the ordinary , or one two or all of them , ( as the case requires ) for hindering them to present their clerks to the churches , whereof they are patrons . by this writ , the patron in some cases shall recover his presentation , and in some cases two years profits of the church in dammages , where he loseth his presentation for that time , till the next avoidance . the law and learning concerning this writ being very copious , i shall refer you to the statute of west . 2. ch. 5. and cooks commentary thereon . p. 356 , &c. his first institutes f. 314. 344. statham , fitzherbert , brook , and natura brevium . tit. quare impedit . register f. 30. glanvil . l. 6. c. 17. l. 13. c. 20 , 21. bracton l. 4 f. 246 , 247. britton ch. 94. fleta l. 5. c. 12. to 17. i shall onely observe from the words of this writ ; that every patron by the resolution of our statutes and laws in all ages , hath a just and lawfull right to present a fit person to his church , when void , that it is injustice in any to disturbe him in his presentation ; for which he shall recover good dammages against him . this is an originall writ at common law , before any statute . the fifth is , a writ , * ne admittas , directed to the bishop or ordinary of the diocesse , prohibiting him ( when two or more pretend themselves patrons to a church which is void , are at suit in the kings courts one with another about the right of the advowson ( by writ of quare impedit , assise of darrein presentment , right of advowson or the like ) not to admit either of their clerks , or any other to the church , till it be determined by law , to which of them the advowson or presentation of right belongeth . this writ is to prevent the bishop from doing any prejudice to the rightfull patron , or to present to the church by lays pending the suit between the pretenders to the patronage . the sixth is , a writ * de clerico admittende , directed to the ordinary ; enjoyning him to admit the clerk of that patron , who recovers in the kings court , notwithstanding the former writ of ne admittas directed to him . the like writ lyes , when the parties agree amongst themselves which of them shal present , and also when the ne admittas was granted upon a false suggestion , that there was a suit depending between two patrons , when there was none . the seventh is , a writ of * quare non admisit , directed to the ordinary , when he refuseth to admit the patrons clerk , recovers in the kings court his presentment to the church in an assise of darrein presentment , quare impedit , or writ of right , upon a writ de clerico admittendo first directed to him . it is grounded on the judgement and record in court : and this writ is , to summon the bishop to appear before the kings justices , who gave the judgment for the patron , to shew cause why he refused to admit his clerk , in nostri , ac mandati nostri praedicti contemptum , & executionis judicii praedicti retardationem , & ipsius . a damnum non modicum et gravamen . if the bishop shew good cause , he shall be excused , or else fired for his contempt , dammage , prejudice to the patron . the eight is the writ of * quare incumbravit , directed to the bishop , summoning him to appear before the kings justices in case when he incumbers and fils the church , pending any suit in the kings court by a writ of assise , right or quare impedit contrary to the writ of ne admittas directed to him , by means whereof the true patrons clerk when he recovers cannot be admitted freely thereunto , in ipsius damnum non modicum et gravamen & contra legem & consuetudinem regni nostri . for which if he can shew no good cause , he shall be fined , and the incumbrance removed . the nineth is , * a writ of prohibition to the bishop , prohibiting him to hold plea in court christian , de advocatione ecclesiae de n. vel medietatis , vel tertiae partis , vel quatiae partis ecclesiae de n. unde g. queritur , quod r. episcopus sarum trahit eos in placitum coram vobis in curia christianitatis : quia placita de advocationibus ecclesiarum spectant ad coronam & dignitatem nostram . and if the bishop proceed in this plea to the patrons or kings prejudice , an attachment shall issue out against him , and he shall be imprisoned and fined for this contempt , and his temporalities seised . the tenth is , a writ of * judicavit : where two incumbents of two neighbour churches presented by several patrons implead one another in the bishops court for tithes , as belonging to their churches , amounting to the moity ; third or fourth part of the tithes , ( or any lesser part before articuli cleri . c. 2. ) then either of the patrons might sue a writ of judicavit out of the kings court to the bishop , to prohibit and stay the suit in the bishops court , till the right of tithes were determined in the kings court ; because else the patron as the writ suggests , jacturam advocationis suae incurreret si praedictus c. in causa illa obtineret : for the advowson would be so much the worse , as the value of the tithes formerly belonging thereto , and recovered from his incumbent in the bishops court amounted unto . this writ discovers how carefull our kings common laws were to preserve the right of patrons from the least prejudice or diminution by their own incumbents , or any others . the eleventh ▪ is the writ ad iura regia ; which lyes where the king is patron , or hath right to present , or others interrupt or disturbe his right of presentation , or incumbent , when presented before or after iudgement given for him in any spirituall court by appeal , &c. or buls from rome , to the dishonour and prejudice of the king and the rights of his crown . in which case , the parties for their contempt shall be attached , committed to prison and exemplarily punished , as appears by the register of writs f. 61 , 62 , 63 , 64. to which i remit the reader . the twelfth , is a praemunire , in cases when any shall procure or execute any exemptions or buls from the pope ( as the cistertians did ) to be exempted from payment of tithes to the prejudice of the patrons in their advowsons , as well as of the incumbents . a severe penalty inflicted on them by the statute of 2 h. 4. c. 4. which statute as printed , because it mentions nothing at all relating to patrons ; i shall therefore transcribe the petition in parliament , and the act made thereupon verbatim out of the parliament roll it self , which is most punctual , full and considerable , ●et unknown to most lawyers as well as patrons , whom it concerns . 2 h. 4. rot. parl. num . 41. item a petition was delivered in parliament touching the ordering of cistertians or cisteux , the which by the kings commandement was sent to the commons for to be advised of , and deliver their advice thereon : of which petition , the words here ensue . may it please our most gracious lord the king to consider , that whereas time out of memory , the religious men of the order of cisteux of your realm of england have paid all manner of tithes of their lands , tenements and possessions , let to farm or manured , and occupied by other persons than themselves , and likewise of all manner of things titheable , being and kept upon the said lands , tenements and possessions , as fully and intirely , and in the same manner as the other leiges ( or subjects ) of your said realm . yet so it is , that now of late the said religious have purchased a bull of our most holy father the pope , by the which our said most holy father hath granted to the said religious and others your leiges , that they shall pay no tithes of their lands , meadows , tenements , possessions , woods , beasts , or any other things , albeit they are or shall be leased or farmed out ; any title of prescription or right acquired , or which may hereafter be acquired to the contrary notwithstanding . the which pursuit and grant , are apparently against the laws and customs of your realm ; by reason that diverse compositions reall and indenture are made between many of the said religious and other your leiges of the prise of such tithes ; also , because that in divers parishes , the tithes demanded by the said religious by colour of the said bull , exceed the fourth part of the value of the said benefices , within whose limits and bounds they are ; and so if the said bull shall be executed , as well you our most doubted lord , as your leiges , patrons of the said benefices shal lose your advowsons of the said benefices in great part , and the conusance of them which in this behalf appertaineth , and in all times hath belonged to your regality , shal be discussed in court christian , against the said laws and customs : and to avoid the great trouble and commotion which may arise amongst your people by notion and execution of such novelties within your realm ; may it therefore please your majesty , by assent of the lords and commons assembled in this present parliament , to ordain , that if the said religious or any other put or shall put the said bull in execution in any manner , that then he or those who put or shall put this bull in execution , shal be put out of your protection by processe duly made in this behalf , and their goods forfeited to you lost , and that as a work of charity . which petition being read and considered , was answered in these words following , it is accorded by the king and lords in parliament , that the order of cisteux shall stand in the state it was , before the time of the buls purchased comprised in this petition ; and that as well those of the said order , as all others religious and seculars of what estate or condition soever they shall be , who shall put the said buls in execution , or heretofore have purchased or shall hereafter purchase other such buls , or being purchased shall take advantage of them in any manner , that processe shall be made against them by garnishment of two moneths , by a writ of pr●em●nire facias . and if they shall make default , or shall be attainted , that they shall be put out of the kings protection , and incurre the penalties and forfeitures comprised in the statute of provisions , made the 13. year of k. richard . and moreover for to eschew many mischie●s likely to happen in times to come , it is accorded , that our soveraign lord the king shall send ( or write ) to our most holy father the pope , for to repeale and ●ull the said buls purchased , and to abst●in himself to make any such grant for time to come . to which answer , the commons well agreed , and that it should be made into a statute . vvhich was done accordingly , as you may read in the statutes at large , 2 h. 4. c. 4. from which memorable petition and record , as b our anabaptists and others desiring exemption from tithes may take notice , that it is an antichristian and papal practise ( not to pay as they hold ) but to seek and prosecute an absolute exemption from the payment of any tithes as other subjects do especially by religiovs persons , condemned in this whole parliament , c both in the pope and cistertian monks ( the first contrivers of it ) even in those times of grossest popery , as contrary to the expresse laws and customes of the realm , and prejudiciall to the king and all other patrons , and so execrable and prejudicious , that they involve all prosecutors of such bulls and exemptions from payment of tithes in no lesse penalty than a praemunire . so they were exceeding tender and zealous of patrons advowsons , which they would not have impaired in the least degree by any exemptions from paying tiths , though by their most holy father the popes own speciall bulls , nor the conusances of them any way drawn into the spiritual courts , against the laws and customes of the realm , and the kings regalities . in which resolution both the king , lords and commons , even in these popish times unanimously concurred . upon consideration of all which premises and vvrits in behalf of patrons rights and advowsons , securing them against all violent and injurious usurpations and incroachments , and likewise of the wisdome of our laws & ancestors , in making the patrons always parties by way of d an de prayer to all suits and actions against the incumbents wherein their collusion or lurches might turn any way to their or the churches prejudice ; all rationall , just , righteous conscientious persons , and encuragers of publick works of piety and charity towards gods church or ministers , must needs unanimously conclude , the late vote ( of our new dishoused legifers ) against all patrons undisputable , just , legal , equitable , rights of patronage , and future presentations to parochiall churches , and other ecclesiasticall benefices , without the least legal processe , hearing , trial , or recompence , or any pregnant satisfactory reason rendered for it against all sacred texts , common , civil , canon laws , writs , records , prescriptions , time out of mind , and grounds of justice , equity , conscience reason here produced for them ) to their perpetuall , dishinteritance , losse , and discontent to be both extrauagant , unrighteous , illegal , injurious to them in the highest degree , if not destructive to our churches , ministers , religion , and dishonourable to our nation , for the reasons first alledged . and therefore fit to be nulled and buried in perpetuall oblivion , without the least execution of it to our patrons prejudice . objection . now whereas some pretend , the right of patronages and presentation to parish churches to be injurious to parishioners , and very mischievous , and therefore , just and fitting to be abolished or taken from the patrons , and vested in the people . answer . i answer that the consideration of the true originall of advowsons , and of our parish churches , rectories , glebes , tithes , forementioned , proceeding onely from the patrons bounty , not the parishioners ; and the opinion of all the former ages till now have had of the justice , equity , and necessity of countenancing and continuing this their right of patronage , for the churches , ministers , and peoples benefit , will disprove , refell the first part of this objection . as for the mischiefs and incoveniences pretended to arise from patronages and advowsons , they are but meere false surmises for the most part ; sufficiently presented by the laws already made against symony and corrupt contracts , and a vigilant care of governors and presbyteries , to admit none but able godly , orthodox persons into the ministry capable of such cures , whereas the placing of the right of patronages and presentations in the parishioners or people would be farre more prejudiciall and mischievous ; by causing factions and divisions in every parish upon every vacancy about the choice of a new minister , yea sundry suits and contests between them , to the protracting of the vacancies , prevented by our single patronages in one person or two , commonly of good quality and better able to judge and make choice of fitting ministers than the people . and more especially must needs prove mischievous upon this consideration , that the generality of the parishioners and people of most parishes throughout england are so ignorant , vicious , irreligious , injudicious , prophane , neglectfull of gods publick ordinances , and enemies to all soul-searching , soul-saving ministers who would seriously reprove and withdraw them from their sinnes and evil courses , that we may sooner find an hundred conscientious religious , godly patrons carefull to present , protect and encourage such ministers th●n one such parish wherein the generality and swaying part of the people are so well affected and qualified as such patrons . and therefore this change and translation of the future right of presentation from the patron to the parishioners , is a remedy farre worse than the pretended disease , and an introduction of a certain greater mischief to prevent a petty inconvenience . in few words , the designe of the jesuiticall contrivers , and anabaptisticall promoters of this vote and project is , not to reform any reall mischiefs in advowsons or our present patrons , but by voting of them down , utterly to subvert and destroy our parochiall churches , ministers , rectories , tithes religion ( yea our universities and schools of learning ) by voting down patronages first , whereon they have d●pendance . they all remember that antient project and policy of their tutor satan , e and his old factors ; * smite the shepheards ( first ) and then the sheep will soon be scattered and devoured by these wolves : and the readiest way to smite all the shepheards and pastors of our churches , is first to smite and vote down all their patrons at one sudden unexpected blow , without notice or hearing , and then both our shepherds and sheep will soon be smitten , scattered ; devoured by these f ravenous wolves in sheeps cloathing , whose clear professed owned designe is , to subvert , destroy our parochiall ministers , congregations , churches , rectories , glebes , tithes , revenues and advowsons too , under pretext they are popish , and antichristian ) and make them a prey and spoil to their malitious insatious appetites , as is clear by john cannes second voice ( against not from the temple ) and others speeches and petitions . to effect which atheisticall plot with greater boldnesse and security , they make no bones nor conscience to subvert all our former lawes and statutes whatsoever for whose defence many of them say , they so long fought . this canne doth in his voice p. 2 , &c. and in a later pamphlet ( wherein he had some hand ) said to be published by alithority in capitalls , in the title . wherein he publickly and shamelesly , i might say treasonably asserted , g that we have no fundament●ll laws and liberties left us by our forefathers , that may not be altered : the state physicians of our time ( who passed the vote against patrons rights , &c. ) being neither bound up to magna charta nor petition of right . ( nor writs of right of advowson , he might have added which his next words include ) nor any other presidents ; but may lay aside either part or whole ( as they see cause ) and appoint something else , as more seasonable and proper to us , and as providence makes way for it . that to plead for such unalterable fundamentall laws , is nothingelse but to enslave the nation , for by such a principle , people not onely lose their liberty ▪ but are brought under such a kind of tyranny out of whi●h ( as being worse than the egyptian bondage ) there is no hope of deliverance , &c. adding , that every age and generation of men ( to wit the prevailing party in present power ) are left free and to themselves , both for the manner of election and time of parliaments : yea and to lay aside all parliamentary wayes ; and constitute some other form of government , if they see it more conducing to the safety and good of the common wealth . with many other such desperate passages , and a worse h conclusion against all malefactors future trials by juries . which he prophecieth to be near an end , and shortly to be swallowed up by the supreme authori●ity of the nation . so as neither the name nor thing , shall be any more in the common-wealth of england . is not this to exceed strafford and canterbury in high treason ? to which monstrous passages i shall return these brief answers . 1. if we have no such fundamentall unalterable lawes and liberties , and those he mentions be ●ot such , then * all our ancestors were very injurious , unwise , inspending so much blood and treasure , and contesting for their violation , and new ratification of them in all former parliaments , from king iohns reign to this present . 2. all our parliaments in king charls his reign were exceedingly overseen and mistaken , in contesting with him for these laws and liberties as fundamental ; and the last of them all in excusable before god and man , for impeaching , condemning and beheading laud and strafford as arch-traitors to the king and kingdome , and guilty of high treason , * for endeavouring traiterously to subvert the fundamental laws and government of the kingdome , &c. and their frequent excitations of the people in their publike declaration to defend our fundamentall laws and liberties , with their lives and fortunes ; and arming them against their lawfull king and his adherents , and putting the nation to such a prodigall expence of treasure and christian blood , for so many years together , for the maintenance of our fundamentall laws , liberties , government and parliament priviledges , if there be no such laws ▪ and things , or they so variable , arbitrary and changable at every prevailing parties , and new states physitians pleasures . 3. that our prudent ancesters reputed not our fundamentall laws such mutable and repealable toyes , as this ignoramus and other innovators deem them . in the parliament held at merton an. 20. h. 3. cap. 9. all the bishops instancing the lords to give their consent ( to alter the ancient law of the realm but in this particular ) that all such as were born before marriage should be legitimate , as well as those that be born within matrimony , as to the succession of inheritance , for that the church accepteth such to be legitimate . thereupon , all the lords and barons vvith one voyce , answered ; that they would not change the laws of the realm , which hitherto have been used and approved . from which statutes sr. edward cook in his second institutes , ( printed by order of the commons house ) observes p. 97 , 98. that the nobility ( yea g●ntry and people too ) of england have ever had the laws of england in great estimation and reverence , as their best birth-right ; and so have the kings of england , as the principall royalty and right belonging to their crown and dignity : which made that noble king henry the first , surnamed beau-clerk , to write thus to pope paschall . be it known to your holinesse , that whiles i live ( through gods assistance ) the dignities , laws , and customs of our realm of england shall not be violated or diminished . and if i ( which god forbid ) should so greatly deject my self , as to attempt it , my nobles and the whole people of england would by no means suffer it . and it is worthy observation ( adds cook ) how dangerous it is to change an ancient maxime of the common law : and it is a note worthy of observation ; that whereas at the holding of this parliament , anno 20 h. 3. and before and sometime after , many of the judges and justices of this realm were of the clergy , and all the great officers of the realm , as lord chancellor , treasurer , privy seal , president , &c. were for the most part clergy men , yet even in those times , the judges of the realm ( and let those stiled such , remember it , least they prove iudasses to the law and realm , and incur * tresylians and his complices doom for their treachery ) both of the clergie and laity , did constantly maintain the laws of england , so as no encroachment was made upon them , nor breach unto them , by any forreigne power , or upstart domestick authority : yea so zealously resolute were our noble ancesters in the defence of our fundamentall laws , liberties , royalties , against all violations , and alterations heretofore , that in the * parliament of lincoln an. 28. e. all the nobility of england ( by assent of the whole commonalty , writ and sent a most famous letter to pope boniface , sealed with the seals of arms of 104. earls and barons ( whose names are recorded in speeds history , for their eternal honour and others imitation in such cases ) wherein they thus resolutely expresse themselves in their behalf . ad observationem & defensionem libertatum , consuetudinum & legum paternarum ex debito praestiti juramenti astringimur , quae manutenebimus toto posse , totisque viribus cum dei auxilio defendemus . nec etiam permittimus aut aliquatenus permittemus , sicut nec possumus nec debemus , praemissa tam insolita ●am indebita , praejudicialia , & alias in audita ( surely the recited passages of this pamphettere are as bad nay worse them those they mention ) dominum nostrum regem etiam si vellet facere , seu quomodo libet attemptare : praecipue cum promissa cederent manifeste in exhaeredationem iuris coronae regni angliae & regiae dignitatis , ac subversionem status ejusdem regni notoriam : nec non in praejudicium libertatis , consuetudinum & legum paternarum . all which nobles were as zealous in defence & maintenance of the great charter and other their lawes and liberties , that very year , and 25. ed. 1. against the kings encroachment by taxes , or otherwise , as against the popes ; which appears by n our historians , and the statutes of 25. e. 1. c. 1. and 28 e. 3. c. 1. in both which they caused the great charter of england and of the forrest to be confirmed in all points , as the common lavv of the land both by the kings great seal , and by new acts of parliament , enacting that all judgements given by the justices or any other ministers that hold plea before them against the points of this charter shall be undone and holden for nought . that this charter shall be sent under the kings seal , to all cathedrall churches throughout the realm , there to remain , and that it shall be read before the people twice a year . that all archbishops and bishops shall pronounce sentence of excommunication twice a year against all those that by vvord deed or counsell doe contrary to the foresaid charters , or that in any point break or undo them : who accordingly by a solemn form of excommunication , did exommunicate and accurse all those that in any point did resist or break these charters and ordinances ; or in any manner hereafter procure counsell , or any way assent to , resist or break them ; or go about it by vvord or deed , openly or privily , by any manner of preteence or colour : and sequester and exclude them from the body of our lord jesus christ , and from all the company of heaven , and from all the sacraments of holy church . enacting further , that the great charters of the liberties of england , should be delivered to every sheriffe of england , under the kings seal , to be read four times in the year , before the people in the full county , and firmly observed in every point . and that there should be chosen in every shire court by the commonalty of the same shire , three substantiall knights , or other lawfull , wise , and well disposed persons , to be assigned justices under the kings great seal , to hear and determine ( without any vvrit but onely their commission ) such plaints as shall be made against all those that commit or offend against any point contained in the said charters , in the shires where they be assigned , as well within franchises as without ; and to hear the plaints from day to day , without any delay or delayes which be at the common law ; and to punish all such as shall be attainted of any trespasse , contrary to any point of the aforesaid charters ( where remedy was not before at the common law ) by imprisonment , fine or ame●ciament , according to the trespasse . yea , the parliament of 42 e. 3. c. 1. held these great charters such unalterable fundamentall laws and priviledges ; that it not onely enacts , they shall be holden and kept in all points ; but further , if any statute be made to the contrary it shall be holden for none . vvhich law continues yet unrepealed . yea , the whole house of lords & commons , the last parliament , were so zealous for the observation and perpetuation of magna charta , & the petition of right , as unalterable fundamentall laws , not to be repealed , neglected , altered , violated upon any pr●tence ( being so just and absolutely necessary for the peoples liberty and safety , the ( supreme law ) that in their o remonstrance to the late king , 15. decemb. 1641. & in their propositions sent to him afterwards , 2 june 1642 ▪ ●hey earnestly pressed the king , that for the better preservation of the laws and peoples rights and liberties ●rom invasion and u●urpation on them ; all counselleu●s and publick officers of state , judges , justices , and sheriffes should be * specially sworn to the due observation and execution of the great charter , the petition of right , and all other laws that concern the subjects in their rights and liberties : and that the judges and justices should be carefull , and particularly sworn , to give these laws in charge to the grand jury at every assises & sessions , and likewise every term in the kings bench ; and to make diligent enquiry of the breaches of them in any kinde to be presented and punished according to law : as the onely means to make and preserve us a free and happy people . it seems a strange miracle therefore unto me , that any person should be so impudently presumptuous , as to deny these laws , or any other , to be fundamentall ; to hold them alterable and repealable in part or in whole , at any prevailing factions arbitrary pleasure , and to publish it by authority ; after so many bloody , costly , old and new contests for their defence and perpetuity ; when as all expected , rather such oathes and wayes as these forecited , for their future establishment : and so much the rather , because the late new-nodellers of our state , and the greatest swaying grandees amongst us in their printed declaration 17 march 1648. expressing the grounds of their late proceedings against the king ; and of setling the present government in the way of a free state , without king or house of lords ; have given this high encomium of our laws and engagement for their inviolable continuance , p. 23 , 24 , 25. that they are good and excellent laws , enjoyed by our ancesters long before the conquest , and have ever since continued in all former changes without abrogation , as the badges of our freedom . that our ancesters spent much of their blood to have them confirmed by the great charter of our liberties : and being duly executed , are the most just , free , and equall of any other laws in the world . that the liberty , property and peace of the subject are most fully preserved by them . that they known their own particular interests , and that they most intended , the common interest of those they served , was not possible to be preserved without these laws : which if they should be taken away , all industry must cease , all misery , bloud and confusion would follow ; and greater calamities ( if possible ) then any faln upon us by the late kings misgovernment , would certainly involve all persons , under which they must inevitably perish . whereupon they thus conclude . these arguments are sufficient to perswade all men ( but not this pamphleter p culpeper , lilly , with other jesuiticall , and anabaptisticall furies against our lawes ) to be contented to submit their lives and fortunes to these just and long approved rules of law , with which they are already so fully acquainted : and not to believe , that the parliament ( so they stile themselves ) intends the abrogation of them ; but to continue and maintain the lawes of the nation : especially that most excellent lavv of the petition of right . the violation of which , they there charge against the king , as one principle crime for which they proceeded capitally against him and abolished kingly government ; as not governing the people in righteousnesse according to the lavves , but imprisoning them , and imposing taxes and impositions on them contrary to law , without full and free consent by act of parliament , and taking away the subjects lives by martiall law , without lawfull triall by their peers and juries . all which things had canne considered , he would have blushed to have published such treasonable passages against our fundamentall lawes , and liberties , which he understands not . vvhose excellency , utility and necessity , are so largely set forth of old , by bracton , britton , glanvil , horn , fortescue de laudibus legum angliae , sir thomas smith in his common-vvealth , st. germin sir john davis in his irish reports preface , and sir edward cook in his reports and institutes , that i need not adde thereunto any panegyrick in their behalf . 4. it is recorded by * roger h●veden and others . that when william the conquerer ( as we stile them ) in the 4. year of his raign , by the councel of his barons caused all the ancient laws and customs of the realm formerly used to be presented to him upon oath ( by an inquest of twelve of the noblest , ablest and learnedest men in the laws summoned out of every county ) without any addition , diminution , alteration , or prevarication ; upon perusall of them , he commanded the law of the danes in case of amerciaments and forfeitures ( used in norfolk , suffolk and cambridgeshire , differing in some circumstances from that of the saxons , used in other counties ) to be used throughout the realm , because it was the law of the norwegians from whom he and his normans were descended . but so zealous were our ancestors in that age , even under the pretended forreign conquerour , for their ancient setled known , just , and honest laws , that they would not permit the least alteration in them upon any terms , and never ceased importuning the king , till he condescended to ratifie and establish their ancient laws ( so long enjoyed ) without any alteration , which * hoveden thus expresseth . quo audito mox universi compatriotae , qui leges edixerant , tristes effecti , unanimiter deprecati sunt , quatenus permitteret leges sibi proprias & consuetudines antiquas habere . in quibus vixerunt patres , & ipsi in eis nati & nutriti sunt . quia durum valde sibi foret suscipere leges ignotas , & judicare de eis quas nesciebant . rege verò ad flectendam ingrato existente , tandem eum prosecuti sunt , deprecantes , quatenus pro anima regis edwardi qui ei post diem suum concesserat coronam & regnum , & cujus erant leges , nec aliorum extraneorum cogeret , quam sub legibus perseverare patr●s . unde consilio habito precatui baronum tandem acquievit . ex illa vero die , visa autoritate , veneratae peruniversam angliam , corroboratae & observatae sunt prae caeteris patriae legibus leges edwardi regis , quae prius inventae & constitutae erant in tempore eadgari avisui . confirmata verò , vocata est lex edwardi regis : non quia ipse invenisset eam primus ; sed cum praeter missa fuisset & oblivioni penitus data , à diebus avisui eadgari , qui prius inventor ejus esse dicitur , usque ad sua tempora ; edwardus quia justa & honesta erat à profunda abysso abstraxit , & eam revocavit , & ut suam observandam tradidit . for the inviolable observation of which ancient laws , our ancesters ever since this king william's reign till now have obliged all our kings , by a speciall clause in their coronation oathes * to confirm by oath , grant and keep to the people of england the laws and customs granted to the commons of england , by ancient just and devout kings to god ; & praesertim , &c. and specially the laws and customs and liberties granted to the clergy and people by ( this ) glorious king edward . whose eight very first laws confirmed by the conqueror are for the inviolable preservation of the goods , possessions , lands , globes , rights , priviledges , peace , fabricks , tithes of the church , ministers , scholers , and parochial church assemblies ; which some now make their master-piece eternally to repeal , subvert , plunder , after all our late wars protestations , declarations , vows , covenants , for the inviolable preservation of them , and of our ancient fundamentall laws , customs , liberties , which this pampheter so slights ; and other upstart legifers ( without the peoples full and free consent in parliament ) endeavour to alter and new modle at their pleasures , quojure , or qua injuri● , let straffords and canterbu●ies late impeachments , * judgments , with mr. st. johns argument , and mr. browns at their impeachments resolve ; since none of our kings durst attempt so great a change in any age , nor yet this norman conqueror , as we stile him . yea our great king henry the 4. though he came to the crown by the sword , in nature of a conquerour ; and the lords and commons in his first parliament granted him as great and large royal libertie and prerogatives , as any of his royal predecessors before him had ; yet in that very parliament ( rot. parl. n. 8. and plac. coronoe in parliamento . 1. h. 4. n. 17. ) he declared and granted out of his royall grace and tender conscience in full parliament , that it was not his intent nor will to alter the laws , statutes , nor good customs of the realm , nor to take other advantage of them , but to do right to all people , in mercy and truth , according to his oath : the realm being formerly in danger to be undone for want of good government , and by repealing and breaking the laws and customes of the realm by king richard the second . and that it was his will , that none should imagine , that by way of conquest , he would disinherit any one of his heritage , franchise or other right , which he ought to have : nor deprive ( or out ) any man of that he had or ought to have , by the good laws and customs of the realm ( three traytors lands there specified onely excepted ) being guilty of all the evill which had happened to the realm . a president worthy all other pretended kings , conquerours , and grandees imitation , in this or succeeding ages . 5. i shall close up all with the expresse resolution of the wise and most judicious whole parliament of england ( more to be credited than this pamphleter ) in this notable passage of the printed statute of 1. jacobi c. 2. wherein they declare , we have both fundamentall lawes , liberties , and customes , and what sad consequences will ensue upon this scriblers doctrine and practise for their alteration , which i beseech all reall politicians , wise statesmen , lawyers , and lovers of their countries weal , safety , settlement , seriously to ponder . whereas his most excellent majesty hath been pleased out of his great vvisdome and judgement , not onely to represent unto us , &c. but also hath vouchsafed to expresse unto us many wayes , how far it is , and ever shall be , from his royall , syncere care and affection to the subjects of england , to alter or innovate the fundamentall ( mark the word ) and ancient laws , priviledges and good customes of this kingdome : whereby not onely his regal authority , but the peoples security of lands , livings , and priviledges ( both in generall and particular ) are preserved and maintained . and * by the abolishing or alteration of the which , it is impossible but that present confusion will fall upon the whole state and frame of this kingdome . his majesties humble , loving and faithfull subjects , have not onely conceived the weight of his majesties reasons , but apprehend to their unspeakable joy and comfort , his plain , clear , and gracious intention to seek no other changes or alteration , but of such particular , temporary , and indifferent manner of statutes , and customes ( here put in contradistinction to fundamentall , generall and perpetuall ) as may prevent and extinguish all and every future questions , &c. the lord grant that these new projectors and pamphletors endeavoured changes and reall alterations of our fundamentall , ancient , standing lawes , priviledges customes , government in relation , both to our church and realm , may not bring such present confusion upon the whole state and frame of both , and destroy this onely security , preservation and maintenance of this nations , peoples lands , liberties , priviledges , lives , both in generall , and particular , and all our patronages , churches , ministers , rectories , and religion too , which too many publick enemies hope for and design . seneca in medea . qui aliquid statuerit parte inaudita altera , licet rectè statuerit havd aeqvvs est jvdex . a postscript . christian reader , a when i seriously consider the extraordinary zeal , forwardnesse and bountifull liberality of devout and holy moses , david , solomon , joash , jotham , hezekiah , josiah , ezra , nehemiah , and all gods people under them , in contributing towards the building , maintaining repairing the tabernacle , temple , houses , synagogues of gods publick worship , and furnishing them with all necessary ornaments and utensils : their care in providing b liberall maintenance , encouragement , rewards for gods faithfull priests and ministers ; their transcendent c ardent love , affectionate longing , hungry , thirsty , earnest , panting desires after god , and all his publick ordinances in his own house & temple ; with their chearfulnesse , joyfulnesse , pains , diligence in frequenting them therein , without the least separation from them ; expressed in the marginall texts . together with the exceeding bounty , munificence , zeal , of d cyrus , darius , artaxe●xes , and their nobles , ( though meer heathens ) in repairing gods temple & maintaining his publick worship therein , expressed in their memorable decrees . and when i further meditate upon the prophesies of isa. 2. 1 , 2 , c. 56. 6 , 7. mich. 4. 1 , 2 , 3. relating to the times of the gospel , predicting , that under it , all nations shal flow & repair by great troops to the mountain and house of the lord ; and thus call earnestly one to another : come and letvs go vp to the hovse of the god of jacob ; for we will walk in his wayes , and ●e will teach us his paths ; and we will love the name of the lord , and b● his servants ; who hath promised , to make them joyfull in his house of prayer : upon the subsequent presidents of christ and his apostles ( recorded in the e new testament , for our imitation ) who repaired to and preached daily in the publick temple and synagogues of the jews ; and of all the zealous primitive believers , christians , people , who resorted and flocked by troops early every day to the temple and synagogues to hear them preach and pray : continuing dayly with one accord in the temple , there participating of all gods publick ordinances in common , without schisme , or separation from the publick assemblies therein . and when i further ponder the eminent liberality , piety , devotion of our ancient christian predecessors , both f britons and saxons , in erecting magnificent churches in all places throughout our island ; ( not out of vainglory or superstition , but a pious g contemplation of the greatnesse of god , for whose honour and service they built them ) in endowing them with competent glebes , rectories , tithes , revenues , for the maintenance of ministers ; and their assiduous care , zeal in flocking about the ministers of christ , to hear gods word when and wheresoever they came amongst them ; thus recorded by our venerable h beda : erat quippe moris , &c. it was the manner and custome of the people of england in that age , ( to wit eight hundred years since and before ) when ever a presbyter or minister came into any country-town or village , to flock and gather together about him in one , and to make it their care and desire , to hear the word of god from his mouth , gathering together about him for that purpose in great multitudes to hear what he should speak unto them ; and more willingly following and doing the things they heard and understood . and then compare these premises with the quite contrary practise of many pretended sacrilegious christians , and anabaptisticall , sectarian , jesuiticall ( and i fear atheisticall ) saints in our degenerated times , who repute it the prime part , the chief character of their piety and saintship , to declaim against all our churches , temples , dedicated to gods worship ; as antichristian , popish , heathenish , idolatrous , prophane steeple-houses , &c. saying one to another like the madianitish impious , pagan princes , and their plundering armies of old , i let us take to our selves , the houses of god in possession : or like the barbarian , edomites , of ancient times , crying out against them , and our ministers rectories too , ( in their very words which john canne takes up in his prophane k voyce , not from , but against the temple ) rase them , rase them , even to the foundations ; leave not one stone of them upon a stone unthrown down ; for if they were rased to the ground it would do well ; and would presently effect it , were their power answerable to their malice ; and withall making it their principal work wholly to separate and withdraw all persons they can from our godly ministers , & all gods publick ordinances in our churches , as antichristian , popish , superstitious , impious , displeasing unto god , &c. i cannot but stand amazed at this strange apostacy of theirs from the zeal and practise of all these godly saints both under the law and gospel ; yea of christ himself and his apostles ; as a sad forerunner of some severe sweeping judgement of god , ready to seise upon us to our utter desolation , if not prevented by syncere repentance , or suppression of such unnaturall harpies , vipers ; and as a most desperate design of the jesuites , to demolish our churches , destroy our protestant congregations and ( so our religion , throughout england , a● they burnt , demolished , suppressed , destroyed the protestants churches and publick assemblies of l late years ( viz. anno 1606. 1614. 1628. and 1639. ) in cracovia , and posnania in poland , in the dukedomes of clive , juliers , bergen , newburg , in vilna in lituania ; and since that in austria and bohemia . whereupon all true saints and ministers of god have justcause , to pray and complain to god against them , in the old churches lamentation and words against her open , professed pagan enemies , psal. 74. 1. to 12. o god why hast thou cast us off , &c. lift up thy feet unto the perpetuall desolations , even all that the enemy hath done wickedly in the sanctuary . thy enemies roar in the middest of the congregations , they set up their ensignes for signes . a man was famous according as he lifted up axes upon the thick trees . but now they break down all the carved work thereof with axes and hammers : they have cast fire into thy sanctuary ; they have defiled the dwelling place of thy name , and cast it down to the ground . they say in their hearts , let us destroy them together ; they have burnt up all the synagogues of god in the land . we see not our signes , there is no more any prophet , neither is there any amongst us that knoweth , how long . o god , how long shall the adversary reproach ? shall the enemy blaspheme thy name for ever ? remember this , that the enemy hath reproached thee o lord , and that the foolish people have blasphemed thy name . have respect to thy covenant , for the dark places of the earth are full of the habitations of cruelty . o let not the oppressed return ashamed , let the poore and needy praise thy name . arise o lord , plead thine own cause , remember how the foolish man reproacheth thee dayly . forget not the voice of thine enemies ( john cannes voice , not from but against thy temple , ministers , tithes ) the tumult of those that rise up against thee , increaseth continually . it was the practise of none but malicious heathens , and professed enemies of god and his church , to invade his inheritance , and destroy , defile , pillage his house and temples , psal. 79. 1. &c. 2 chron. 26. 18 , 19. 2 kings 29. 5. to 18. which caused this sad lamentation and complaint in gods prophets and people , isa. 64. 11 , 12. our holy and beautifull house where our fathers praised thee , is burnt with fire , and all our pleasant things are laid wast . wilt thou refrain thy self for these things o lord ? wilt thou hold thy peace and afflict us very sore ? and can it be then a matter of joy and act of piety in john canne and his new saints , to see gods ancient and beautifull houses erected by our ancestors , wherein our fathers praised god , quite levelled to the ground , and no more assemblies kept in them ? it is recorded by all m ecclesiasticall historians , as an act of highest impiety , wickednesse , persecution in dioclesian , licinius , and other persecuting pagan emperours and apostates from christianity ; that they endeavoured to destroy all the churches and temples of the christians , and rased divers of them to the ground , to the end they should not assemble publickly in them to pray , hear or worship god in his sacred ordinances : and can it then be now an act of eminent piety , zeal , righteousnesse , christianity , and no persecution , wickednesse , apostacy at all in canne , or his anabaptistical , jesuited saints , to attempt , perswade the subversion of all our churches , and sacrilegious rapine of all their tithes , revenues , of purpose to suppresse all parochiall assemblies , ministers , and praying , preaching in them , for the future ? surely i doubt the same satanicall , antichristian spirit which possessed these persecutors , and apostates heretofore , is transmigrated by succession into canne and his apostate confederates against our churches and ministers now ; which i wish them sadly to consider in due season , that they may be dispossessed of it , ere it lead them past recovery into everlasting perdition , or to professed apostacy and enmity against christ , as it did licinius and julian heretofore . as for those colonels and army-officers , who are active in promoting any such designe as this , by their armed power ; let them remember , that it is recorded in the n gospel of that eminent centurion or colonel , whose faith christ commended to be greater than any he had found in israel ; how the elders of the jews gave him this special encomium to christ himself , as a person worthy to find favour from him , that he had built them a synagogue , or church to serve god in : and therefore it must needs be an unsouldierly , impious practise in them , to pull down those ancient synagogues , churches which others have built for gods publick worship , instead of repairing them , or building new where wanting , or demolished by warres , or other casualties . and to stop the jesuites mouths , ( the originall contrivers , and secret fomenters of the present plots against our church fabricks , endowments , revenues , and patrons rights ) i shall recommend unto them this resolution of o vincent . filiucius ( their fellow jesuit transcribed , approved by alphonsus de vargas , a spanish papist , yet anti jesuit ) in his notable treatise entituled , relatio ad reges & principes christianos , de stratagematis , & sophismatis politicis societatis jesu , ad monarchiam orbis terrarum sibi conficienda , c. 41 , 42 , 49. wherewith i shall countermine them , po●●ifex & caesar ( & by like reason all other princes , potentates , states ) tam ex officio , quam quasi ex contractu cum iis ( fundatoribus ) qui bona ecclesiae reliquerunt obligatus est lege divina et naturali , ●am illis , qu●m iis in quorum emolumentum relicta sunt , non alienare : adeo ut , si contrarium fiat , injuria fiat fundatoribus quorum voluntate legitima et rationabili non statur : l●ditur utilitas publica , cultusque religionis : fiat injuria religiosorum successoribus : quae tanto major est , si praeter jacturam bonorum fortunae , famae quoque periculum adsit : quod tunc accidit , quando bona ita sine causa auferuntur , ut detur aliis probabilis suspicandi occasio , factum id esse , vel propter ignorantiam , inscitiam , inertiam , vel propter vitam flagitiosam successorum . itaque tenetur ex jusitia reparare id quod interest , tam in fama & existimatione , quam in bonis temporalibus . caesar vi quidem juramenti sui , & qvia est supremvs ecclesiarvm advocatvs et defensor , obligatur & cogitur , jura ac bona veterum ecclesiarum tueri & ab hostibus recuperare . the right of patronage of founders and endowers of churches , to nominate , present or collate incumbents , and convenient ministers to them upon every vacancy , is as ancient as parish churches themselves ; and confirmed by the cano●s of councils , popes decrees , imperiall and regall constitutions ever since , as is evident by concilium arausicanum , ann , 441. cap. 10. the p decrees of pope gelasius , about the year 493. the fourth council of aurelia , an. 547. can. 7. the constitution of justinian the emperour , about ann. 550. novel . 123. si quis oratorium extruxerit , volueritque in eo promovere clericos vel ipse vel haeredes ejus , si sumptus ipsi clericis administrent ( as every founder was to endow the church with a competent glebe , tithe , and revenue , before it was to be consecratd , and to deliver a speciall charter of the dowry and subjection thereof to the bishop of the diocesse , before its consecration , by the decrees of the second council of ●racara can. 5. concil. aurelian . 4. can. 33. gregory epist. l. 12. c. 10. and other decrees cited by gratian . caus. 16. qu. 7. ) & dignos nominarint , nominati ordinantur , &c. the q fourth council of toledo , which decrees , decernimus ut quamdiu fundatores ecclesiarum in hac vita superstites fuerint , pro iisdem locis curam habeant solicitam ; atque rectores idoneos in eisdem basilicis iidem ipsi episcopo offerant ordinandos . quod si spretis eisdem fundatoribus rectores ibidem praesumpserit ordinare episcopus , & ordinationem suam irritam noverit , & ad verecundiam sui alios in eorum loco ( quos i p s i fundatores condignos elegerint ) ordinari . the r ninth cuncil of toledo about the year 660. can. 1 , 2. which decrees ; that founders of churches during life , shall present fit rectors to them , to be ordained by the bishop ; which right descended to their heirs also after their death ; who were to provide , that neither the incumbents , nor bishops should deprive the church of her dowry . filiis vel nepotibus ac honestioribus propinquis ejus qui construxit vel ditavit ( it should be dotavit ) ecclesiam , licitum sit hane habere solertiam , ut si sacerdotem , aliquid ex collatis rebus desraudare praeviderint , aut honesta conventione compescant , aut episcopo , vel judici corrigenda denuncient . quod si talia episcopus agere tentet , metropolitano haec insinuare procurent . si autem metropolitanus talia gerat , regis haec auribus intimare non differant . ipsis tamen haeredibus in iisdem rebus non liceat quasi pr●prii juris potestatem praeferre , non rapinam & fraudem ingerere , non violentiam quamcunque praesumere ; sed hoc solum in salutarem solicitudinem adhihere , quod aut nullam operatio noxam nocens attingat , aut mulctam vel aliquam partem salutaris mercedis assumat . the ſ synod of rome , which decreed monasterium ; ( vel oratorium ) canonicè constructum a dominio constructoris eo invito non au●eratur , liceatque illi presbytero cui voluerit pro sacro officio illius di●cesis , cum consensu episcopi ( ne malus existat ) commendare . the t decrees of pope gregory . rationis ordo non patitur , ut monasterium vel ecclesias contra voluntatem fundatorum , ab eorum dispositione , ad arbitrium suum quis debeat vendicare : whose heirs , and coheirs ought to enjoy the patronage of them , as he determines capitula caroli & ludovici imperatorum ( colected by ansegisus & benedictus levita ) about the year 800. l. 5. c. 1. 82 , 83 , 178. l. 7. c. 2 13. ludovici imperatoris ad capit. additio 3. c. 25. addit . 4. c. 36. legis longobardorum . l. 3. tit. 1. c. 44. the council of paris ann. 829. l. 1. c. 22. the councils of friburg , mentz , and cavailon , cited by u gratian . the council of lateran under alexander the third . cap. 13 , 14 , 17. & appendix ad idem concil. p. 15. c. 7. extravag . de jure patronatus c. 4. 10 , 11. & de institutione c. 3. concil. arelatense sub car. mag. c. 4. turonense 3. sub eodem c. 15. cabilonense sub eodem c. 42. meldense c. 51 , 52. wormatiense c. 8. with sundry other decrees , laws , councils of later times , confirming patrons rights cited in grat. causa 16. q. 11. caus. 17. bochel . decret. eccl ▪ gallicanae . l 8. tit. 12 , 13 , 14. by some of which it is evident , x that patrons of ancient times , did present their clerks to the churches which they founded and their heirs after them , and invest them freely in them , without the bishops privity ; accept of refignations from their incumbents , & deprive them upon sufficient cause , till restrained by the decrees of councils , popes , and princes edicts ; & that advowsons , or rights of patronage descended to heirs , coheris and coperceners ; who if they agreed not to present , the bishop might either shut up the church doores , or put in a clerk to supply the cure , till they presented an incumbent by joynt consent , that so the church by presentation of their several clerks to it at once , might not be divided into many fragments , churches , and so made incompetent : and in france , y patrons and founders of churches , had droicts honorifiques allowed them , as precedence ; seats and the like . it is therefore great injustice to deprive them of their rights and interests in their patronages now , so long continued , enjoyed in all revolutions of publick affairs & highest impiety to destroy our churches fabricks , or pervert them , their ornaments , dowries , glebes , materials , to prophane or other uses , contrary to the founders pious intentions , and the very z lawes of warre it self , which preserve churches from violence and rapine , even in an enemies countrey ; which even barbarous pagan enemies have reputed sacred , and exempted from spoil , or devastation , though some anabaptistical saints would defile , destroy , devour them now . but let them remember this gospel text ( relating to materiall as well as spirituall temples ) 1 cor. 3. 17. if any man defile ( or destroy ) the temple of god , him will god destroy : for the a temple of god is holy . finis . errata . courteous reader , i shall desire thee before , or as thou readest this plea , to correct with thy pen these ensuing presse-errors , mistakes , which the authors remotenesse from the presse , and the printers negligence and unskilfullnesse in law terms have occasioned , many of which quite vitiate the sense , and falsifie the authors true quotations . fol. 8. l. 14. in the margent r. cook page 16. l. 14. r. 113 9. p. 17. l. 7. r. titles . p. 22. 2. chron. 33. 3. r. 23. 3. p. 18. l. 2. r. plenarly . l. 3. r. cases . l. 9. r. pleuarly . p. 18. in the margent r. angelica . l. 19. r. double value of . l. 20. r. presented to by simony . l. 38. r. produced pro & contra . p. 19. l. 14. in the margent , r. 825. l. 23. r. 356. l. 26. in the margent dele 21. l. 27. r. 39 h. 6. 20 , 21 , 26. p. 20 l. 10. r. should there come . p. 20. l. 1. in the margent , r. west 2. c. 5. r. 21. l. 11. r. ordinary alone in case he refuse the patrons clerk without cause ; or against the ordinary , &c. p. 22. l. 15. r. who recovers . p. 23. l. 2. r. quartae . l. 6. in the margent , r. 4 e. l. 13. r 365. p. 23. 24. r. and the common law . p. 25. l. 3. r. redoubted . p. 27. l. 31. r. prevented . p. 29. whip , r. which . p. 31. l 32. r. now stiled . l. 32. 28 e. r. 1. all . p. 32. l. 8. in the margent , 225. 525. to 280 : r. 580. r , 22. l. 17. r. c. 1 , 2 , 3. notes, typically marginal, from the original text notes for div a91199e-480 * and after its first pening on that occasion . a see heylins microcos . p. 125 , 165 , 166 , 168 , 218. 219 , 227 , 406 , to 434 , 487 , 546 , 560. to 571 , 579 , 580 , 597 , 598 613 , 614 , 618 , 629 , 640 , 641 , 642 , 643 , 648 , 661 , 667 , 678 , 684 , 693 , 694 , 702 , 704 , 707 , 708 , 710 , 713 , 714 , 751 , 752 , 753 , 721. divers presidents of this kinde . a see the excellent prologue of the statute of 25 h. 8. c. 22. b see the excellent prologue of the statute of 25 h. 8. c. 22. c watson● quodlibets . p. 92. 93. 144 385. williā clark his reply to persons lible f. 74. 75. campanella de monarchia hispaniae . c. 18. 19. 23. 25. 27. d see romes masterpiece p. 19. exact collection . pa. 206. e hidden w●rks of darkness . p. 204. to 217. 130. 131. 138. 232. 233. 234. f that this was punctually pursued by the french king & car. mazerin : appears by the lord digby's cabinet printed in the collection of ordina●ces of parliament . p. 849. 858. 862. 863 , 867. 868. g see a new discovery of the prelates tyranny ; whom others since have equalled . h mat. 5. 12. luke . 6. 35. 2 cor. 4. 16 , 17. i prov. 16. 12. c. 14. 34. c. 25. 5. c. 29. 4. psal. 72. 1 ▪ 2 , 3 , 4. psal. 85. 16. heb. 7. 2. job . 34. 17. 2 kings 20. 19. isay 32. 17. zech. 8. 16. 19. lu. 2. 14. notes for div a91199e-1810 a iohn cann● , his second voyce from 〈◊〉 temple to the higher powers p●ge 2. 4 5. to 10 b j●hn canne ibid. and page 28 , 29. * dav●d , isay , jeremy were of another minde . psal. 74. and 79. i●ay 64. 11 , 12 je● . 52. 13. &c. lam. 〈◊〉 . 7. & hag. 1 4. c 2 thes. 2 ▪ ● d canne ibid. p. 1. 2. 10. to 25. * see jubileum , ●●ve sp●cul●m 〈◊〉 pr●nted 1643. & my ●●dden w●●ks of d●●kness &c. * 2● . ● . 6 ▪ 7 , 8. brook 〈…〉 78 ▪ 24 e 3. 72. 7 ● 4. 11 ▪ 12 brook . 〈◊〉 . 9 ▪ 19. 9 ▪ e. 3. 26. no. n●● . bre● 33. cook● 1. i●st . f. 13. b. reg●st . t. 218. see tottles m●gna char ▪ f. 16● . e●act collect ▪ p. 268 ▪ 290 ▪ 29. 706. ●● 716. e see 〈…〉 sa●●ishurien●● de n●wgis c●r l. 6 c. ●0 . 13. 〈…〉 . ep. 94 ▪ car●lus m●nenius delicia 〈◊〉 p. 8. &c. g●ldastu● constit . tom. 3. p. 400 pon●●●i . romanum de bened●ctione nov● m●l●●is o●●m . mag. h●st ▪ sep. l. 14● ▪ c. 6. mr s●l●●ns titles of ho ▪ edit. ult. p ▪ 443. 446. to 45● . 458. 546. 548. 579 ▪ 780 , 781 , 782. f see mr seldens titles ▪ honour par● 1 ▪ ch. 5. sect , 4. g peter m●th. constit . pontif. f. 2●7 . adam co●tzen de rep●b . ● . 7. c. 6. 〈◊〉 . 2. mr. ●●ldens ●ities of honour part 1. ch. 5. 〈◊〉 4. p ▪ 48. ca●cel●● . 〈◊〉 ▪ p. 46. h see cooks 2 institute . thereon . to the donor ▪ i cooks 2 inst. pa. 33● . 1 inst●●● ▪ 22. sect. 19. k 7. e. 1 11. 12. l see brook fitzh●vb●rt . ash , natu●a br●vium ti● . juris u●rum ducit pars●●and patro● ; contra formam collatio 〈◊〉 ●n nuity . lit●letan sect 644. 645. 644. b●ok 1. instit. f. 341. 342. see mr seldens h●story of tithes c. 11 12. n acts 2. 3. 4. 5. c. 8. 5. 8. c. 13. 44. c. 15. 21. c. 16. 13 , 14. c. 17. 6 , &c. c. 18. 1 to 24 ● . 20. 23. see math. 10. 23. c. 11. 1. rev. 2 & 3. o eusebius , socrates , scholasticus , theodoret nicephorus , casseadorus , beda , and others . p see concil. antioch : c. 103 , 104. syn. rom. c. 5. walafridus strabo de reb. eccles. c , 17. gratian causa 12. qu. 2. c. 26. &c. mr. seldens history of tithes c. 6. sect. 3. &c. 9. 11. q eusebius , eutropius the imperial history , zona●us , in vita constanni ; spelman : con●l : p. 37 to 47 , &c. beda eccles hist. l. 1. math. westm. an. 3●2 . to an. 341. mr. scldens history of tithes c. 6. sect. 3. & ● . 〈◊〉 . 9. 11. 12. r see mr. seldens history of tithes ch. 9. 10. 12. ſ summa angelica . tit. jus patronatus sect. 5. ex innocentio . t see mr. selden c. 6. 9 11. 12. rebessus de beneficiis . cook institutes . f. 17. b. 119. b. panormitan in 18. qu. 2. summa angelica et ros●lla tit. jus patronatus . 38. ass . 22. 6. h. 7. 14. westm. 2. c. 5. 24. e. 3. 72. 3 jac. c. 5. v westm. 2. c. 5. 7. e. 3. 4. 45. e. 3. 5. b●●tton c. 92. cook 1. insti● . f. 17. b. 119. b. seldens history of tithes ch. 6. p. 85 , 86. r●bussus de beneficiis summa angelica & rosella tit. jus patronatus . * see brook & fitzh. tit. ayde & ayde le roy . x anonym in vita s. ●d●●rici . c. 7. mr. s●ld●as his●●●● of tithes c. 6. p 86 y 24 ● . 3. 72. cook 1 instit. s . 344. a godw●●s catalogue of ●●s●ops . antiqu . eccl●si● b●t . 6 h. 8. c. 14 31. h. 8. c. 9. 1 e. 6. c. 8. 8. eliz. c. 1. register of 〈◊〉 . f. 29. 165. 290. 291. 31. 34. 40. 41. 43. 47. 280. 303. 304. 19 , to 64. 〈◊〉 rb●rs n●●ura brevium & b●●d●m . titl● . qu●●e 〈◊〉 . s. a●s . 29 8 e. 3. 64. 13. as● . 2. 11 ● . 4. 12. 84. 27 e. 3. 84. 6. ● . 7. 14. 〈…〉 . 42. 50. 5 h. 5. c. 1 25 h. 8. 21. 43 e●● . c. 4. 2 h. 7. 14. 3. jac. c. 5. z 13 e. 3. fitz. quare imp. 58 117. 59. 43 e. 3. 35. 21 e. 3. 38. 45 e. 3. 12. fi●zh . ●beri , brook prisentm . al esglis● & q●are impedi● . ash . title advowson append . quare impedit . cook 1 instit. f. 121 , 122. 307. 9 ● . 3. 4. 38. 33 h. 6. 12. 35 h. 6. 52. 46 e. 3. 19. 14 h. 6. 15. a fl●ta l. 2. c. 65. britton f. 135. 5 h. 7. 37 : 33 e. 3. gar. 122. 32 h. 6. 21. cook instit. f. 374. 6. b antonii corsiti repertorium . thomas zerula praxis episcopalis . tit. jus patro●atus . rebussus de beneficiis . c cook 2 in. stit . 357. d s●ldens history of tithes ch. 6. s●ct . 2. c. 9. sect. 4. e petrus d●mian : l. 1 epist. 13. ad alex. 2. f see fitzherbert , statham , br●●k , ash , title , presentation a● esglise , quare impedit , grant advowson , & droit , west 2. c. 5. and cooks 2 institutes . p. 356 , 357 , &c 3 jac. c. 5. g rastals abridgement , fitzherbert , & brook , tit. for●eiture , escheat treason . h west . 2. c. 5. cook 2. instit. p. 358. and the law books there cited . 35. h. 6. 54. h. 60. 64. i cook . 10. rep. s . 55. &c. k cook 1. instit. f. 120. a. see hostiensis , summa angeca , rosella , & thomas zerula . tit. simonia . l 9. h. 6. 57. brook forfeiture 73. 104. m sūma angelica tit. jus patronatus sect. 16 n see cook 2 i●st●t . p● 358 , & 4. inst. p. 356 357. and the law books there cited , brook presentation al esglise 3. 14. 48 , 50. 61. 17. e. 3. 40. a. o mag. charta . c. 13 52 h. 3. c. 12 , 13. e. 1. c. 5. p westm. 2. c. 5. glanvil . l. 6. c. 17. l. 13. c. 20 , 21. bract. l. 4. f. 246 , 247. brit. c. 94. fleta . l. 5. c. 12. to 17. register f. 29. b. fitzh. bruf . 125. statham , brook , fitzherbert , abridgement , natura brevium , & ash ; title droit , & droit de r●cto . cook 2. instit. p. 336. to 365. and the books there quoted . 38. h. 6. 10. 21 26. h. 8. 3. q west . c. cook 2 instit. p. 364. register f. 29. b. 4. e. 3. 28. 38. e. 3. 13. a. fitz. natura brev. f. 45. dr. and student . c. 25. brook droit de recto . 8. 38. h. 6. 19. brook prohibition 7. r mag. charta c. 10. 8 ▪ e. 1. rat . 26. west . 2. c. 5. brac. con. l. 4 f. 216. fleta . l. 5 c. 17. regiss . f. 30 , 31. s●atham , fitzherbert , brook , ash natura brevium tit. assise de darrein presentment . cook 2. instit. p. 357. * register f. 30. 60. & new natura brevivium . * register f. 31. nat. brevium , statham , brook fitzherbert , ash . title . ne admittas . * register f. 31. 33. nat. brev. fitz. brook ash tit. ne admittas 21. h. 7 , 8. * register f. 32. no. nat. f. 47. old nat. brook statham fitz. ash . tit. quare non admisit . 34. h. 6 41. 38. h 6. 14. 7. h. 4. 25. 21. h. 7. 8. * register old and new nat. brevium ash . tit. quare incumbravit . * register f. 33 34. * register f. 35 36. westm. 2. c. 5 glan vil . l. 4. c. 13. ●racton l. 5. c. 402. b. brit. f. 260. 4. 6. 3. 27. 7 ed. 3. 42. 31. h. 6. 14. no. nat. 45. 38. h. 6. 20 , 21. 12. e. 4 13. 2 h. 7. 12. cook 2. instit. p. 364. 265. seldens history of tithes , cap. 14. sect. 3. b see mr. seldens history of tithes . ch. 6. p. 120 , &c c petrus bestasis epist : 82. joan. sarisb . de nugis curialium l. 7. c. 21. and sundry others . d see fitzherbert and brook , title , aid and quare impedit , and ashes tables . e zech. 13. 7. matt. 26. 31 , 50. mark 14. 27. 50. john 10 11 , 12. f matth. 7. 15 , 16. g lilburn tryed and cast . p. 39 , 40 , &c. 142. to 148 , 154. and elsewhere . h p. 164. * s●e my sovereign power of parliaments part 1 , 2 , 3. mat paris , walsingham , speed , daniel , & others , in the lives of king john , henry , 3 edw. 1 , 2 , 3. cooksinstitutes on magna charta th●gl●ssary , 25 e. 1. c. 1 &c. 28. e. 1. c. 1. conservatio chartarum . * canterburies doom , p. 25. straffords articles and bill of attainder , mr. st. johns argument at law at his attainder . * see walsingham , speed , gra●●on , holinshed , stow , baker in 11. r. 2. and m. st. johns speech against the ship-mony , judges , worthy the present perusall of grandees of the long robe . * walsingham hist. ang. p. 54 , 55. fox acts and monum. vol. 1. p. 445 , 446. speeds hist. p. 657 , 658. cook 2. institut . p. 98. n walsingam holinshed , speed in 32 h. 5. 28 e. 1. and ypodigma newstriae cooks 2. instit. p. 225. to 280. statutes at large . o exact collection , p. 22 , 23. 309 , 316. * a thing now quite forgotten and neglected . p in ●●heir scurrilous , alsurd , lying pregn●stications ; full of railings against our laws , as well as ministers & tithes . * annalium pars posterior p. 609. seldeni notae ad eadmerum p. 189. 190. lamb . archaion . f. 138. * p. 608. * totles mag. charta f. 164. exact collection p. 268 , 290 , 291. 706 , to 716 the first part of my soveraign power of parliaments , p. 51. to 71. * rom. 2. 8. and thinkest thou this o man , that judgest them who do such things , and doest the same that thou shalt escape the judgment of god ? * see the self-same expressions in king charls declaration , decem.ber 21. 1641. exact collection , p. 28 , 29. the law is the inheritance of every subject , and the onely security he can have for his life , liberty , or estate : and the which being neglected , or disesteemed ( under what specious shews soever ) a very great measure of infelicity , if not irreparable confusion , must without all doubt fall upon them . and we doubt not it will be the most acceptable declaration a king can make to his subjects , that for our parts we are resolved , not onely duely to observe our self , but to maintain them against what opposition soever , though with the hazard of our being . notes for div a91199e-11300 a exod. 35. 4. to 30. c. 36. 3 to 10. 1 chron. 22. throughout . c. 26. 26 , 27 , 28 c. 28. & 29. 2 chron. c. 2. to c. 8. c. 24. 4. to 17. c. 27. 3. c. 29 3. to 21. c. 34. 8. to 15. 2 kings 12. 4. to 7. ezra and neh , throughout . isa. c. 1 , & 2 , zech. 8 9 , 10 b josh. 21. 2. 2 chron. 6. 64. and c. 9. 10. to 35. c. 31. 3. to 16. neh. 10. 32. to the end . c. 13. 10. to 15. c psal. 5. 7. psal. 23. 6. psal. 26. 8. and 27. 4. psal. 42. 1 , 2 , 4. psal. 36. 8. psal. 52. 8. psal. 55. 14. psal. 84. 1 , 2 , 3 , 4 , 10 , 11. psal. 100. 4. ps. 116. 19. psal. 118. 26. psal. 122. psal. 132. to 9. psal. 135. 2. luke 2. 27. 37. d ezra . 1. throughout . c. 5. 13 , 14 , 15 , 16. c. 6. 1. to 16. c. 7. 11. to 28. c. 8. 24. 25 , &c. 33 , 34 , 35. isa. 44. 28. c. 45. 13. e john 7. 14 , 28. c. 8. 2. 20. c. 18. 20. luke 20. 1. chap. 24. 3 , 5 matth. 26. 55. acts 2. 46 , 47. c. 31 , &c. c. 5. 42. c. 9. 20. c. 13. 10. 14 44. c. 14. 1. c. 17. 10 c. 18. 4. 19. 26. c. 19. 8. mark 1 , 21 , 39. luke 4. 15 , 16 , &c. c. 13. 10. matth. 12. 9. f see spelman concilia & epist. ded. dr. vsher de ecclesiarum brit. primordiis . g 1 chron. 22 5. c , 29 , 1. h eccles. hist. gentis angll. 3. c. 26 , & l. 4. c. 27. i ps. 83. 12. k epistle dedicatory , and p. 2. 29. l jubilaeum sive speculum , jesuiticum , p. 117. 132 , 144 145 , 175 , 176. 185. meteranus hist. l. 27. m eusebius , socrates sch●lasticus , theodoret , niceph●rus , fox , acts and monu-eutropius , grimston and others , in their lives and histories of their persecutions . n luke 7. 2. to 10. o m●ralium quaestu●num de casibus conscientiae . p gratian . caus. 16. qu. 7 see john thierye and the glosses thereon q gratian ib. surius concil. tom. 2. centur. magd. 6. col. 607. r gratian ca●s . 16. qu. 2. surius concil. tom. 2. ſ gratian . caus. 16. qu. 7. t gratian ibid. u causa 16. qu. 17. x see mr. seldens history of tithes , p. 393 , 394. 82. to 88. y mr. seldens history of tithes , p. 394. z see hugo grotius de jure belli , l. 3. c. 5. sect. 3. c. 12. sect. 6 , 7 , 8. & annotata . a psal. 5. 7. psal. 11. 4. psal. 65. 4. psal. 79. 1. psal. 138. 2. jonah 2. 7. mic. 1 , 2. hab. 2. 20. a true narrative of the popish-plot against king charles i and the protestant religion as it was discovered by andreas ab habernfeld to sir william boswel ambassador at the hague, and by him transmitted to archbishop laud, who communicated it to the king : the whole discoovery being found amongst the archbishops papers, when a prisoner in the tower, by mr. prynn (who was ordered to search them by a committee of the then parliament) on wednesday, may 31, 1643 : with some historical remarks on the jesuits, and a vindication of the protestant dissenters from disloyalty : also, a compleat history of the papists late presbyterian plot discovered by mr. dangerfield, wherein an account is given of some late transactions of sir robert peyton. habervešl z habernfeldu, ondřej. 1680 approx. 120 kb of xml-encoded text transcribed from 21 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-11 (eebo-tcp phase 1). a67878 wing t2805 wing h164 estc r21657 12226655 ocm 12226655 56562 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a67878) transcribed from: (early english books online ; image set 56562) images scanned from microfilm: (early english books, 1641-1700 ; 617:13 or 1672:6) a true narrative of the popish-plot against king charles i and the protestant religion as it was discovered by andreas ab habernfeld to sir william boswel ambassador at the hague, and by him transmitted to archbishop laud, who communicated it to the king : the whole discoovery being found amongst the archbishops papers, when a prisoner in the tower, by mr. prynn (who was ordered to search them by a committee of the then parliament) on wednesday, may 31, 1643 : with some historical remarks on the jesuits, and a vindication of the protestant dissenters from disloyalty : also, a compleat history of the papists late presbyterian plot discovered by mr. dangerfield, wherein an account is given of some late transactions of sir robert peyton. habervešl z habernfeldu, ondřej. boswell, william, sir, d. 1649. laud, william, 1573-1645. prynne, william, 1600-1669. [4], 36 p. printed for robert harford ..., london : 1680. attributed to habervešl z habernfeldu by wing and nuc pre-1956 imprints. this item can be found at reels 617:13 and 1672:6. errors in paging: p. 13 misnumbered 16, and p. 16 misnumbered 13. reproduction of original in union theological seminary library, new york and the british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -i, -king of england, 1600-1649. jesuits. popish plot, 1678. dissenters, religious -england. 2000-00 tcp assigned for keying and markup 2002-01 apex covantage keyed and coded from proquest page images 2002-03 tcp staff (michigan) sampled and proofread 2002-03 olivia bottum text and markup reviewed and edited 2002-04 pfs batch review (qc) and xml conversion a true narrative of the popish-plot against king charles i. and the protestant religion : as it was discovered by andreas ab habernfeld to sir william boswel ambassador at the hague , and by him transmitted to archbishop laud , who communicated it to the king. the whole discovery being found amongst the archbishops papers , when a prisoner in the tower , by mr. prynn ( who was ordered to search them by a committee of the then parliament ) on wednesday , may 31. 1643. with some historical remarks on the jesuits , and a vindication of the protestant dissenters from disloyalty . also a compleat history of the papists late presbyterian plot discovered by mr. dangerfield , wherein an account is given of some late transactions of sir robert peyton . london , printed for robert harford at the angel in cornhil , near the royal exchange : m. dc . lxxx . the preface . it may appear strange to some , that this conspiracy against king charles i. was never divulged till found by mr. prynn in 1643. seeing it was known both to the king and archbishop in 1640. but if they do but reflect upon the actions of those times , the wonder will cease : for these romish traytors having by their devillish cunning raised a rebellion in scotland , and fomented the divisions between his majesty and parliament to that heighth , as soon after brake forth into a most bloody and unnatural war between prince and people : his majesty ( as they design'd ) was sufficiently diverted for the present ; and afterwards ( the devil of discontent raised by these wicked incendiaries of rome , proving too head-strong for them , and threatning their ruin ) the conspirators were so disperss'd , that it would have been a difficult thing for his majesty ( if he had been free from the rebellious clamours of be-jesuited men ) to have brought them to conviction . the person who had the greatest opportunity of advancing this design , was sir f. w. a man in all outward appearance a protestant , and verily believed to be so by the archbishop , whose interest with the king made him secretary of state ; as we find it set down by the archbishop in the journal of his life , in these words , june 25. 1631. mr. fr. windebank , my old friend , was sworn secretary of state , which place i obtained for him of my gracious master king charles . how industrious this secretary was in carrying on the plot , may partly appear by the charge against him in parliament , novem. 12. and decem . 1. 1640. viz. seventy four letters of grace to recusants in four years , sixty four priests discharged by his warrants , twenty nine by his verbal order , and twenty three by his authority under read's hand : but he prevented the the necessity of answering to this or any other charge by his flight into france , where he was generously entertained by cardinal richelieu , ( no doubt for the good service he had done the catholick cause in england ) and lived and died a profest papist . his son went to rome , where he was received with the like kindness by cardinal barbarino , the chief contriver of this popish plot . as for read , he was an actor in this plot , much in the same nature as coleman was in that lately discoved by doctor oates , and others ; and because he was a profest papist , the secretary above-mentioned , ( to whom i think he appertain'd as clerk ) procured for him the following protection , which for his greater immunity was recorded in the crown-office , and in the clerk of the peace his book for middlesex in open sessions . by the king . whereas we have received good testimony of the loyalty and duty of our trusty and well-beloved captain john reade , and because he may be subject to the laws for recusancy ; these are to signifie , that we are graciously pleased to extend our special grace towards him : and do hereby command , that no indictment , presentment , information , or suit in our name , or in the name of any other , be henceforth commenced , prosecuted , or accepted against him , by any of our officers or subjects whatsoever , for or concerning recusancy : and if any such shall happen , then our will and pleasure is , that upon sight hereof , the same shall be discharged and made void , or otherwise not prejudicial to him . given under our signet at our court at theobalds , the thirteenth day of july , in the tenth year of our reign . to all and singular our judges of assize , justices of the peace , &c. whom it doth or may concern , and to every of them . thus was that good king so far abused ( by having a traytor represented to him as a loyal subject ) as to grant a protection to this read , who intended to make no other use of it , than thereby to destroy with the more safety his royal protector . this plot against king charles the first , was buried in a bloody civil war , but raised again against king charles the second , in time of peace , by the blood-thirsty jesuits ; the discovery whereof has been sufficiently made known by the tryal and execution of several of them , as well as by the printed narratives thereof . to get up their reputation again , they plotted to throw their guilt upon the dissenting protestants ; but the all-seeing eye of god prevented their villanous designs by a timely discovery : the design and discovery whereof , you will find particularly related at the end of this book . a true relation of the popish-plot against king charles i. and the protestant religion . if there be any professing the protestant religion within his majesties dominions , who are yet so wilfully blinded , as not to believe the reality of the late conspiracies , or that it has not been a long time carrying on to extirpate the protestant religion , reestablish popery , and inthral the people in all the three kingdoms , let them but advisedly fix their eyes and minds , upon the ensuing letters and discoveries , and they will easily find papistical plots have been no new things in this nation . to omit their attempts upon king edward , queen elizabeth , and king james , these papists make it evidently out , that the same design , and the same contrivances were on foot in the reign of our late sovereign charles the first , of blessed memory ; a true narrative whereof these sheets contain , as they were found in the arch-bishop of canterbury's study in the tower , may 31. 1643. the first who discover'd it , was an actor in it , sent hither from rome , by cardinal barbarini , to assist con , the pope's legat , in the pursuit of it , and privy to all the particulars ; who being touch'd with remorse of conscience , for being guilty of so detestable a crime , reveal'd the whole mystery to sir william boswell , the king's leiger embassador at the hague , who gave private notice of the same to the arch-bishop of canterbury , by whom it was declar'd to the king himself . sir william boswell's first letter to the arch-bishop , touching this plot. may it please your grace , the offers ( whereof your grace will find a copy ) here enclos'd toward a farther and more particular discovery , were first made to me at the second hand , and by word of mouth by a friend of good quality and worth in this place . but soon after , as soon as they could be put into order , were avowd by the principal party , and deliver'd me in writing by both together , upon promise and oath , which i was required to give , and gave accordingly , not to reveal the same to any other man living , but your grace , and by your grace's hand to his majestie . in like manner they have tied themselves not to declare these things to any other but my self , untill they should know how his majestie , and your grace would dispose thereof . the principal giving me withall to know , that he puts himself and this secret into your grace's power , as well because it concerns your grace so nearly after his majestie , as that he knows your wisdom to guide the same aright , and is also assur'd of your grace's fidelity to his majesties person , to our state and to our church . first , your grace is earnestly pray'd to signifie his majesties pleasure , with all speed , together with your grace's disposition herein , and purpose to carry all with silence from all but his majestie , until due time . secondly , when your grace shall think fit to shew these things to his majestie , to do it immediately , and not trusting letters , nor permitting any other person to be by , or within hearing , and to intreat and counsel his majestie as in a case of conscience , to keep the same wholly and solely in his own bosom from the knowledge of all other creatures living , but your grace , until the business shall be clear'd out . thirdly , not to enquire or demand the names of the parties from whom these overtures do come , or any farther discoveries or advertisements in pursuit of them , which shall come hereafter , until satisfaction shall be given to every part of them . nor to tell to any person but his majestie , that any thing of this nature is come from me . for as i may believe these overtures are veryfiable in the way they will be laid , and that the parties will not shrink ; so i may account , that if never so little glimpse or shadow of these informations shall appear by his majesties or your grace's words or carriage unto others , the means whereby the business may be brought best unto tryal , will be utterly disappointed . and the parties who have in conscience toward god , devotion to his majestie , affection toward your grace , and compassion to our country disclos'd these things , will run a present and extream hazard of their persons and lives . so easily it will be conjectur'd upon the least occasion given either by his majestie or your grace , who is the discoverer . these are the points and offers which they have prest me to represent more especially to his grace . for my own particular , having already most humbly crav'd pardon of any errour or omissions that have befallen me in the managing this business , i do beseech your grace to let me know , first , whether , and in what order i shall proceed with the parties . secondly , what points of these offers i shall first put them upon to enlarge and clear ? thirdly , what other points and queries i shall propose to them , and in what manner ? fourthly , how far further i shall suffers my self to hear and know these things . fifthly , whether i shall not rather take the parties answers and discoveries sealed up by themselves , and having likewise put my own seal upon them , without questioning or seeing what they contain , so to transmit them to your grace or his majestie . sixthly , whether i may not insinuate upon some fair occasion , that there will be a due regard had of them and their service by his majestie and your grace ; when all particulars undertaken in these general offers , and necessary for perfecting the discovery , and work intended , shall effectually be delivered to his majestie and your grace . upon these heads , and such other as his majesty and your grace shall think proper in the business , i must with all humility beseech your grace to furnish me with instructions , and warrant for my proceedings , under his majesties hand , with your grace's attestation , as by his majesties goodness and royal disposition is usual in like cases . may it please your grace to entertain a cipher with me upon this occasion ; i have sent the counterpart of one here inclos'd . if these overtures happily sort with his majesties and your grace's mind , and shall accordingly prove effectual in their operation , i shall think my self a most happy man , to have any oblation in so pious a work for my most gracious soveraign and master . more particularly in that your grace under his majesty shall be opifex rerum & mundi melioris origo . which i shall incessantly beg in my prayers at his hands , who is the giver of all good things , and will never forsake or fail them , who do not first fail and fall from him , the god of mercy and peace , with which i remain ever more , your grace's most dutiful and obliged servant , william boswell . hague in holland , sept. 9. 1640. stylo loci . i have not dar'd to trust this business ( without a cipher ) but by a sure hand , for which reason , i have sent the bearer my secretary express , but he knows nothing of the contents thereof . superscrib'd for your grace . endors'd by the arch-bishop with his own hand . received sept. 10 1640. sir william boswell , about the plot against the king. andreas ab habernfeld's letter to the arch-bishop , concerning the plot revealed to him , written by him in latin. most illustrious and most reverend lord , all my senses are shaken together as often as i revolve the present business , neither doth my understanding suffice , to conceive what wind hath brought such horrid things , that they should see the sun-shine by me : for unexpectedly this good man became known unto me , who when he had heard me discoursing of these scotch stirs , said , that i knew not the nerve of the business , that those things which are commonly scattered abroad are superficial . from that hour he every day became more familiar to me , who acknowledging my dexterity herein , with a full breast poured forth the burdens of his heart into my bosom , supposing that he had discharged a burden of conscience wherewith he was pressed . hence he related to me the factions of the jesuits , with which the whole earthly world was assaulted ; and shewed , that i might behold how through their poison , bohemia and germany were devoured , and both of them maimed with an irreparable wound ; that the same plague did creep through the realms of england and scotland , the matter whereof , revealed in the adjacent writing , he discovered to me : which things having heard , my bowels were contracted together , my loyns trembled with horrour , that a pernicious gulf should be prepared for so many thousands of souls : with words moving the conscience , i inflamed the mind of the man ; he had scarce one hour concocted my admonitions , but he disclosed all the secrets , and he gave free liberty that i should treat with those whom it concerned , that they might be informed hereof . i thought no delay was to be made about the things : the same hour i went to sir william boswell , the king's leiger , at the hague , who being tied with an oath of secrecy to me , i communicated the business to him , i admonished him to weigh these things by the ballance , neither to deser , but act , that those who were in danger might be speedily succoured : he , as becomes an honest man , mindful of his duty , and having hearer looked into the business , refused not to obey the monitions . moreover , he forthwith caused that an express should be dispatched , and sent word back again what a most acceptable oblation this had been to the king and your grace ; for which we rejoyced from the heart , and we judged , that a sase and favourable deity had interposed it self in this business , whereby you might be perserved . now that the verity of the things elated might be confirmed , some principal heads of the conspiracy were purposely pretermitted , that the knowledge of them might be extorted from the circumvented society of the conspirators . now the things will be speedily and safely promoted into act , if they be warily proceeded in at bruxels . by my advice , that day should be observed wherein the packet of letters are dispatch'd , which under the title of , to monsieur strario arch-deacon of cambray , tyed with one cover , are delivered to the post-master ; such a packet may be secretly brought back from him , yet it will be unprofitable , because all the inclosed letters are written characteristically . likewise another packet coming weekly from rome , which is brought under this superscription , to the most illustrious lord count rossetti , legat for the time ; these are not to be neglected : to whom likewise letters writ in the same characters are included . that they may be understood , reade is to be consulted with . the forenamed day of dispatch shall be expected : in reade's house an accumulated congregation may be circumvented ; which succeeding , it will be your graces part to order the business . the intestine enemy being at length detected by god's grace , all bitterness of mind , which is caused on either side may be abolished , buried in oblivion , deleted and quieted , the enemy be invaded on both parts : thus the king and the kings friend , and both kingdoms neer to danger , shall be preserved and delivered from eminent danger . your grace likewise may have this injunction by you , if you desire to have the best advice given you by others , that you trust not overmuch to your pursevants , for some of them live under the stipend of the popish party . how many rocks , how many scilla 's , how many displeased charybdes appear before your grace , in what a dangerous sea , the cock-boat of your graces life , next to shipwrack , is tossed , your self may judge ; the fore-deck of the ship is speedily to be driven to the harbour . all these things ( i whisper ) into your grace's ear , for i know it bound with an oath of secrecy ; therefore by open name , i would by these presents become known to your grace , hague sept. 14. s. n. 1640. your graces most observant , and most officious , andrew habernfeld . superscribed by andreas ab habernfeld , a noble bohemian , dr. of physick to the queen of bohemia , illustrissimo ac reverendissimo dom. domino gulielmo archiepiscopo cantuariensi , primati & metropolitano totius regni angliae dom. meo . the arch-bishops indorsement with his own hand . received , octob. 14. 1640. andreas ab habernfeld . his letters sent by sir william boswell , about the discovery of the treason . i conceive by the english latin herein , that he must needs be an englishman , with a concealed and changed name . and yet it may be this kind of latin may relate to the italian . or else he lived some good time in england the declaration of this treason i have by his majesties special command , sent to sir w. boswell , that he may there see what proof can be made of any particulars . the general overture and discovery of the plot , sent with sir william boswell's first letter , and written in latin. the king's majesty and the lord arch-bishop of canterbury are to be secretly informed by letters , 1. that the king's majesty , and the lord arch-bishop are both of them in great danger of their lives . 2. that the whole common-wealth is by this means endangered , unless the mischief be speedily prevented . 3. that these scotch troubles are raised , to the end , that under this pretext , the king and arch-bishop might be destroyed . 4. that there is a means to be prescribed , whereby both of them in this case may be preserved , and this tumult speedily composed . 5. that although these scotch tumults be speedily composed , yet that the king is endangered , and that there are many ways , by which destruction is plotted to the king and lord arch-bishop . 6. that a certain society hath conspired the death of the king , and lord arch-bishop , and convulsion of the whole realm . 7. that the same society , every week deposits with the president of the society , what intelligence every of them hath purchased in eight days search , and then confer all into one packet , which is weekly sent to the director of the business . 8. that all the confederates in the said conspiracy may verily be named by the poll. but because they may be made known by other means , it is thought meet to defer it till hereafter . 9. that there is a ready means , whereby the villany may be discovered in one moment , the chief conspirators circumvented , and the primary members of the conjuration apprehended in the very act . 10. that very many about the king , who are accounted most faithful and intimate , to whom likewise the more secret things are intrusted , are traytors to the king , corrupted with a foreign pension , who communicate all secrets of greater or lesser moment to a foreign power . these and other most secret things , which shall be necessary to be known for the security of the king , may be revealed , if these things shall be acceptable to the lord arch-bishop . likewise they may be assured , that whatsoever things are here proposed , are no figments , or fables , nor vain dreams , but such real verities , which may be demonstrated in every small tittle . for those who thrust themselves into this business , are such men , who mind no gain , but the very zeal of christian charity suffers them not to conceal these things : yet both from his majesty and the lord arch-bishop some small exemplar of gratitude will be expected . all these premises have been communicated under good faith , and the sacrament of an oath , to mr. leiger embassadour of the king of great britain , at the hague ; that he should not immediately trust , or communicate these things to any mortal , besides the king , and the lord arch-bishop of canterbury . subscribed , &c. present , &c. hague , com. 6. sept. 1640. in the style of the place . the arch-bishops own indorsement . recieved sept. 10. 1640. the plot against the king. the arch-bishop of canterburies letter to the king , concerning the plot ; with the king's directions in the margin , written with his own hand . [ i beseech your majesty read these letters as they are endorsed by figures , 1 , 2 , 3 , &c. ] may it please your majesty , as great as the secret is which comes herewith , yet i choose rather to send it in this silent covert way , and i hope safe , than to come thither , and bring it my self . first , because i am no way able to make hast enough with it . secondly , because should i come at this time , and antedate the meeting , sept. 24. there would be more jealousie of the business , and more enquiry after it : especially , if i being once there , should return again before that day , as i must , if this be followed , as is most fit . the danger it seems is eminent , and laid by god knows whom ; but to be executed by them which are very near about you . ( for the great honour which i have to be in danger with you , or for you , i pass not , so your sacred person , and the state may be safe . ) now , may it please your majesty , this information is either true , or there is some mistake in it : if it be true , the persons which make the discovery will deserve thanks and reward ; if there should be any mistake in it , your majesty can lose nothing but a little silence . the business , ( if it be ) is extream foul . the discovery thus by god's providence offered , seems fair . i do hereby humbly beg it upon my knees of your majesty , that you will conceal this business from every creature , and his name that sends this to me . and i send his letters to me , to your majesty , that you may see his sence both of the business and the secrecy . and such instructions as you think fit to give him , i beseech you let them be in your own hand for his warrant , without imparting them to any . and if your majesty leave it to his descretion to follow it there in the best way he can , that in your own hand will be instruction and warrant enough for him . and if you please to return it herewith presently to me , i will send an express away with it presently . in the mean time , i have by this express returned him this answer , that i think he shall do well to hold on the treaty with these men , with all care and secrecy , and drive on to the discovery , so soon as the business is ripe for it , that he may assure himself and them , they shall not want reward , if they do the service . that for my part he shall be sure of secrecy , and that i am most confident , that your majesty will not impart it to any . that he have a special eye to the eighth and ninth proposition . sir , for god's sake , and your own safety , secrecy in this business : and i beseech you , send me back this letter , and all that comes with it , speedily and secretly , and trust not your own pockets with them . i shall not eat , nor sleep in quiet , till i receive them . and so soon as i have them again , and your majesties warrant to proceed , no diligence shall be wanting in me to help on the discovery . this is the greatest business that ever was put to me . and if i have herein proposed , or done any thing amiss , i most humbly crave your majesties pardon . but i am willing to hope i have not herein erred in judgment , and in fidelity i never will. these letters came to me on , thursday , sept. 10. at night , and i sent these away according to the date hereof , being extreamly wearied with writing this letter , copying out those other which come with this , and dispatching my letters back to him that sent these , all in my own hand . once again secrecy for god's sake , and your own . to his most blessed protection i commend your majesty and all your affairs : and am , lambeth , sept. 11. 1640. your majesties most humble faithful servant , w. cant. the arch-bishop's postscript . as i had ended these , whether with the labour or indignation , or both , i fell into an extreme faint sweat ; i pray god keep me from a feaver , of which three are down in my family at croyden . these letters came late to me , the express being beaten back by the wind . the arch-bishops indorsement with his own hand . received from the king , sept. 16. 1640. the king's answer to the plot against him , &c. superscrib'd by the arch-bishop , for your sacred majesty : by the king , yours apostyled . sir william boswel's second letter to the arch-bishop . may it please your grace , this evening late i have received your graces dispatch , with the enclosed from his majesty , by my secretary oveart , and shall give due account with all possible speed of the same , according to his majesties and your graces commands , praying heartily that my endeavours , which shall be most faithful , may also prove effectual , to his majesties and your grace's content , with which i do most humbly take leave , being always hague , sept. 24. 1640. s. angelo . your graces most dutiful and humblest servant , william boswell . the arch-bishop's indorsement . received , sept. 30. 1640. sir william boswell his acknowledgement , that he hath received the king's directions in my letters . sir william boswell's third letter to the arch-bishop . sent with the larger discovery of the plot . may it please your grace , upon receipt of his majesties commands , with your grace's letters of 9 , and 18 , sept. last , i dealt with the party to make good his offers formerly put in mine hand , and transmitted to your grace : this he hopes to have done , by the inclosed , so far as will be needful for his majesties satisfaction ; yet if any more particular explanation or discovery shall be required by his majesty or your grace , he hath promised to add thereunto , whatsoever he can remember , and knows of truth . and for better assurance and verification of his integrity , he professeth himself ready ( if required ) to make oath of what he hath already declared , or shall hereafter declare in the business . his name he conjures me still to conceale , though he thinks his majesty and your grace , by the character he gives of himself , will easily imagin who he is , having been known so generally through court and city , as he was for three or four years , in the quality and imployment he acknowlegeth ( by his declaration inclosed ) himself to have held . hereupon he doth also redouble his most humble and earnest suit unto his majesty and your grace , to be most secret and circumspect in the business , that he may not be suspected to have discovered , or had a hand in the same . i shall here humbly beseech your grace to let me know what i may further do for his majesties service , or for your graces particular behoof ; that i may accordingly endeavour to approve my self , as i am , hague , octob. 15. 1640. your grace's mest dutiful and obliged servant , william boswell . the arch-bishop's indorsment . received octob. 14. 1640. sir william boswell in prosecution of the great business . if any thing come to him in cyphers , to send it to him . the large particular discovery of the plot and treason against the king , kingdom , and protestant religion , and to raise the scotish wars , written in latin. most illustrious and reverend lord , we have willingly and cordially perceived , that our offers have been acceptable both to his royal majesty , and likewise to your grace . this is the only index to us , that the blessing of god is present with you , whereby a spur is given , that we should so much the more chearfully and freely utter and detest those things whereby the hazard of both your lives , the subversion of the realm and state both of england and scotland , the tumbling down of his excellent majesty from his throne , is intended . now lest the discourse should be enlarged with superfluous circumstances , we will only premise some things which are meerly necessary to the business . you may first of all know , that this good man , by whom the ensuing things are detected , was born and bred in the popish religion , who spent many years in ecclesiastical dignities . at length being found fit for the expedition of the present design , by the counsel and mandate of the lord cardinal barbarini , he was adjoyned to the assistance of master cuneus ( con ) by whom he was found so diligent and sedulous in his office , that hope of great promotion was given to him . yet he , led by the instinct of the good spirit , hath , howsoever it be , contemned sweet promises , and having known the vanities of the pontifician religion ( of which he had sometime been a most severe defender ) having likewise noted the malice of those who fight under the popish banner , felt his conscience to be burdened ; which burden that he might ease himself of , he converted his mind to the orthodox religion . soon after , that he might exonerate his conscience , he thought fit , that a desperate treason , machinated against so many souls , was to be revealed , and that he should receive ease if he vented such things in the bosom of a friend : which done , he was seriously admonished by the said friend , that he should shew an example of his conversion and charity , and free so many innocent souls from imminent , danger to whose monitions he willingly consented , and delivered the following things to be put in writing , out of which the articles not long since tendered to your grace , may be clearly explicated and demonstrated . 1. first of all , that the hinge of the business may be rightly discerned , it is to be known , that all those factions with which christendom is at this day shaken , do arise from the jesuitical off-spring of cham , of which four orders abound throughout the world. of the first order are ecclesiasticks , whose office it is to take care of things promoting religion . of the second order are politicians , whose office it is by any means to shake , trouble , and reform the state of kingdoms and republicks . of the third order are seculars , whose property it is to obtrude themselves into offices with kings and princes , to insinuate and immix themselves in court businesses , bargains and sales , and to be busied in civil affairs . of the fourth order are intelligencers , ( or spies ) men of inferiour condition , who submit themselves to the services of great men , princes , barons , noble-men , citizens , to deceive ( or corrupt ) the minds of their masters . 2. a society of so many orders , the kingdom of england nourisheth : for scarce all spain , france , and italy , can yield so great a multitude of jesuits , as london alone ; where are found more than 50 scotish jesuits . there the said society hath elected to it self a seat of iniquity , and hath conspired against the king , and the most faithful to the king , especially the lord archbishop of canterbury , and likewise against both kingdoms . 3. for it is more certain than certainty it self , that the forenamed society hath determined to effect an universal reformation of the kingdom of england and scotland . therefore the determination of the end , necessarily infers a determination of means to the end . 4. therefore to promote the undertaken villany , the said society dubbed it self with the title of , the congregation of propagating the faith ; which acknowledgeth the pope of rome the head of the college , and cardinal barbarini his substitute and executor . 5. the chief patron of the society at london , is the popes legat , who takes care of the business ; into whose bosom , these dregs of traytors weekly deposite all their intelligences . now the residence of this legation was obtained at london in the name of the roman pontiff , by whose mediation it might be lawful for cardinal barbarini to work so much the more easily and safely upon the king and kingdom . for none else could so freely circumvent the king , as he who should be palliated with the popes authority . 6. master cuneus did at that time enjoy the office of the popes legat , an universal instrument of the conjured society , and a serious promoter of the business , whose secrets , as likewise those of all other intelligencers , the present good man , the communicator of all these things , did revive and expedite whither the business required . cuneus set upon the chief men of the kingdom , and left nothing unattempted , by what means he might corrupt them all , and incline them to the pontifician party : he inticed many with various incitements , yea , he sought to delude the king himself with gifts of pictures , antiquities , idols , and of other vanities brought from rome , which yet would prevail nothing with the king. having entred familiarity with the king , he is often requested at hampton court , likewise at london , to undertake the cause of the palatine , and that he would interpose his authority , and by his intercession perswade the legat of colen , that the palatine , in the next diet to treat of peace , might be inserted into the conditions ; which verily he promised , but performed the contrary . he writ indeed , that he had been so desired by the king concerning such things , yet he advised that they should not be consented to , lest peradventure it might be said by the spaniard , that the pope of rome had patronized an heretical prince . in the mean time , cuneus smelling from the archbishop , most trusty to the king , that the kings mind was wholly pendulous ( or doubtful , ) resolved , that he would move every stone , and apply his forces , that he might gain him to his party : certainly confiding , that he had a means prepared . for he had a command to offer a cardinals cap to the lord archbishop in the name of the pope of rome , and that he should allure him also with higher promises , that he might corrupt his sincere mind . yet a fitting occasion was never given , whereby he might insinuate himself into the lord archbishop . free access was to be gained by the earl and countess of a — likewise secretary w — the intercession of all which being neglected , he did flie the company or familiarity of cuneus , worse than the plague : he was likewise perswaded by others of no mean rank , well known to him , neither yet was he moved . 7. another also was assayed , who hindred access to the detestable wickedness , secretary cook , he was a most bitter hater of the jesuits , whom he intercepted from acces , to the king , he entertained many ( of them ) according to their deserts , he diligently enquired into their factions ; by which means every incitement , breathing a magnetical ( attractive ) power to the popish party , was ineffectual with him ; for nothing was so dear unto him , that might incline him to wickedness . hereupon being made odious to the patrons of the conspiracy , he was endangered to be discharged from his office ; it was laboured for three years space , and at last obtained . yet notwithstanding there remained on the kings part a knot hard to be untied , for the lord arch-bishop , by his constancy , interposed himself as a most hard rock . when cuneus had understood from the lord arch-bishops part , that he had laboured in vain , his malice and the whole societies waxed boyling hot : soon after ambushes began to be prepared , wherewith the lord arch-bishop together with the king should be taken . likewise a sentence is passed against the king ( for whose sake all this business is disposed ) because nothing is hoped from him which might seem to promote the popish religion ; but especially when he had opened his mind , that he was of this opinion , that every one might be saved in his own religion , so as he be an honest and pious man. 8. to perpetrate the treason undertaken , the criminal execution at westminster , caused by some writings of puritans , gave occasion of the first fire : which thing was so much exasperated and exaggerated by the papists to the puritans , that if it remained unrevenged , it would be thought a blemish to their religion ; the flames of which fire , the scotch book of prayers increases , occasioned by it's alterations . 9. in this heat , a certain scotish earl , called maxfield , if i mistake not , was expedited to the scots by the popish party ; with whom two other scotish earls , papists , held correspondency : he was to stir up the people to commotion , and rub over the injury afresh , that he might enflame their minds , precipitate them to arms , by which the hurtful disturber of the scotish liberty might be slain . 10. by this one labour , snares are prepared for the king ; for this purpose the present business was so ordered , that very many of the english should adhere to the scots ; that the king should remain inferiour in arms , who ( thereupon ) should be compelled to crave assistance from the papists , which yet he should not obtain , unless he would descend unto conditions , by which he should permit universal liberty of the exercise of the popish religion ; for so the affairs of the papists would succeed according to their desire . to which consent , if he should shew himself more difficult , there should be a present remedy at hand . the king is to be dispatched : for an indian nut , stuffed with most sharp poyson , is kept in the society ( which cuneus at that time shewed often to me in a boasting manner ) wherein a poyson was prepared for the king ; after the example of his father . 11. in this scottish commotion , the marquess of hamilton , often dispatched to the scots in the name of the king , to interpose the royal authority , whereby the heat of minds might be mittigated , returned notwithstanding as often without fruit , and without ending the business : his chaplain at that time repaired to us , who communicated some things secretly with cuneus . being demanded of me in jest , whether also the jews agreed with the samaritans ? cuneus thereunto answered ; would to god all ministers were such as he : what you will may be hence conjectured . 12. things standing thus , there arrived at london from cardinal richelieu , mr. thomas chamberlaine , his chaplain and almoner , a scot by nation , who was to assist the college of the confederate society , and seriously to set forward the business , to leave nothing unattempted , whereby the first heat might be exasperated . for which service he was promised the reward of a bishoprick ; he cohabited with the society four months space ; neither was it lawful for him first to depart , until things succeeding according to his wish , he might be able to return back again with good news . 13. sir toby matthew , a jesuited priest , of the order of politicians , a most vigilant man of the chief heads , to whom a bed was never so dear , that he would rest his head thereon , refreshing his body with sleep in a chair for an hour , or two , neither day nor night spared his machinations ; a man principally noxious , and himself the plague of the king and kingdom of england ; a most impudent man , who flies to all banquets and feasts , called or not called ; never quiet , always in action and perpetual motion ; thrusting himself into all conversations of superiours ; he urgeth conferences familiarly , that he may fish out the minds of men ; what ever he observeth thence , which may bring any commodity , or discommodity to the part of the conspirators , he communicates to the pope's legat ; the more secret things he himself writes to the pope , or to cardinal barbarini . in sum , he adjoins himself to any mans company ; no word can be spoken , that he will not lay hold on , and accommodate to his party . in the mean time , whatever he hath fished out , he reduceth into a catalogue , and every summer carrieth it to the general consistory of the jesuits politicks , which secretly meets together in the province of wales , where he is an acceptable guest . there counsels are secretly hammered , which are most meet for the convulsion of the ecclesiastic , and politic estate of both kingdoms . 14. captain read , a scot , dwelling in long-acre-street , near the angel tavern , a secular jesuit , who for his detestable office performed ( whereby he had perverted a certain minister of the church , with secret incitements to the popisn religion , with all his family , taking his daughter to wife ) for a recompence , obtained a rent , or impost upon butter , which the country people are bound to render to him , procured for him by some chief men of the society , who never want a spur , whereby he may be constantly detained in his office. in his house the business of the whole plot is concluded , where the society , which hath conspired against the king , the lord arch-bishop , and both kingdoms , meet together , for the most part every day : but on the day of the carriers ( or posts ) dispatch , which is ordinarily friday , they meet in greater numbers ; for then all the intelligencers assemble , and confer in common , what things every of them hath fished out that week ; who , that they may be without suspition , send their secrets by sir toby matthew , or read himself , to the pope's legat ; he transmits the compacted packet , which he hath purchased from the intelligencers , to rome . with the same read , the letters brought from rome are deposired , under fained titles and names , and by him are delivered to all to whom they appertain : for all and every of their names are known to him . upon the very same occasion , letters also are brought hither under the covert of father philip ; ( he notwithstanding , being ignorant of things ) from whom they are distributed to the conspirators . there is in that very house , a publick chappel , wherein an ordinary jesuit consecrates , and dwells there . in the said chappel masses are daily celebrated by the jesuits , and it serves for the baptizing of the children of the house , and of some of the conspirators . those who assemble in the forenamed house , come frequently in coaches , or on horse-back in lay-mens habit , and with a great train , wherewith they are disguised , that they may not be known , yet they are jesuits , and conjured members of the society . 15. all the papists of england contribute to this assembly , lest any thing should be wanting to promote the undertaken design . out of whose treasury , a widow , owner of the houses , wherein secretary w. now dwelleth , dead above three years since , bestowed forty thousand english pounds ; so likewise others contributed above their abilities , so as the business may be promoted unto its desired end . 16. besides the foresaid houses , there are conventicles also kept in other more secret places , of which they dare not confide , even among themselves , for fear lest they should be discovered . first , every of them are called to certain inns , ( one not knowing of the other ; ) hence they are severally led by spies to the place where they ought to meet ; otherwise ignorant where they ought to assemble , lest peradventure they should be surprised at unawares . 17. the countess of a — a strenuous she-champion of the popish religion , bends all her nerves to the universal reformation ; whatsoever she hears at the king's court , that is done secretly , or openly , in words or deeds , she presently imparts to the pope's legat , with whom she meets thrice a day . sometimes in a — house , now at the court , then at tarthal . he scarce sucks such things by the claw . the earl himself , called now about three years since , this year ought to go to rome , without doubt to consult there of serious things concerning the design . at greenwich , at the earls cost , a feminine school is maintained , which otherwise is a monastery of nuns ; for the young girls therein , are sent forth hither and thither , into foreign monasteries beyond the seas . mr. p — of the king's bed-chamber , most addicted to the popish religion , is a bitter enemy of the king , he reveals all his greatest secrets to the pope's legat ; although he very rarely meets with him , yet his wife meets him so much the oftner , who being informed by her husband , conveys secrets to the legat. in all his actions , he is nothing inferiour to sir toby matthew ; it cannot be uttered , how diligently he watcheth on the business . his sons are secretly instructed in the popish religion ; openly , they profess the reformed . the eldest is now to receive his fathers office , under the king which shall be . a cardinal's hat is provided for the other , if the design shall succeed well . above three years past , the said mr. p — was to be sent away by the king to marocco ; but he was prohibited by the society , lest the business should suffer delay thereby . he is a patron of the jesuits , for whom , for the exercise of religion , he provides chappels both at home and abroad . secretary w — a most fierce papist , is the most unfaithful to the king of all men , who not only betrays and reveals even the king 's greatest secrets , but likewise communicates counsels , by which the design may be best advanced . he , at least thrice every week , converseth with the legat in nocturnal conventicles , and reveals those things which he thinks fit to be known ; for which end , he hired a house near to the legats house , whom he often resorts to , through the garden door ; for by this vicinity , the meeting is facilitated . the said secretary is bribed with gifts to the party of that conjured society , by whom he is sustained , that he may the more seriously execute his office. he sent his son expresly to rome , who was to insinuate himself into the roman pontif. sir d — sir w — mr. m — the younger , who hath been at rome ; my lord s — a cousen of the earl of a — the countess of n — the dutchess of b — and many others , who have sworn into this conspiracy , are all most vigilant in the design . some of these are inticed with the hope of court , others of political offices ; others attend to the sixteen cardinals caps that are vacant , which are therefore detained idle for some years , that they may impose a vain hope on those who expect them . the president of the aforesaid society was my lord gage , a jesuit priest , dead above three years since . he had a palace adorned with lascivious pictures , which counterfeited profaneness in the house , but with them was palliated a monastery , wherein forty nuns were maintained , hid in so great a palace : it is situated in queen-street , which the statue of a golden queen adorns . the secular jesuits have bought all this street , and have design'd it into a quadrangle , where a jesuitical college is built in private , with this hope , that it might be openly finished , as soon as the universal reformation was begun . the pope's legat useth a threefold character or cipher ; one of which he communicates with all nuncioes ; another , with cardinal barbarini only ; with a third , he covers some greater secrets to be communicated . whatsoever things he either receiveth from the society , or other spies , those he packs up together in one bundle , dedicated under this inscription ; to monsieur stravio , arch-deacon of cambray : from whom at last they are promoted to rome . these things being thus ordered , if every thing be laid to the ballance , it will satisfie in special , all the articles propounded . wherein 1. the conspiracy against the king and lord arch-bishop is detected , and the means whereby ruin is threatned to both , demonstrated . 2. the eminent dangers of both kingdoms are rehearsed . 3. the rise and progress of that scottish fire is related . 4. means whereby these scottish troubles may be appeased , are suggested : for after the scots shall know by whom and to what end their minds are incensed , they will speedily look to themselves , neither will they suffer the forces of both parts to be subdued , lest a middle party interpose , which seeks the ruin of both . 5. with what sword the king's throat is assaulted , even when these stirs shall be ended , cuneus his confession , and a visible demonstration , sheweth . 6. the place of the assembly in the house of captain read is nominated 7. the day of the eight days dispatch by read and the legat is prescribed 8. how the names of the conspirators may be known . 9. where this whole congregation may be circumvented . 10. some of the principal unfaithful ones of the king's party are notified by name ; many of whose names occur not , yet their habitations are known ; their names may be easily extorted from read. if these things be warily proceeded in , the strength of the whole business will be brought to light ; so the arrow being foreseen , the danger shall be avoided ; which that it may prosperously succeed , the omnipotent creator grant . the arch-bishops indorsement with his own hand . received , october 14. 1640. the narration of the great treason , concerning which he promised to sir william boswell to discover , against the king and state. historical remarks on the jesuits . whoever shall compare the before-recited plot against king charles the first , of glorious memory , with that against his most sacred majesty now reigning ; shall find them so like in all the parts and circumstances , that never were two brothers more : the design the same , the contrivance the same , the working and machination , all moving upon the same wheels of king-killing , and state-destruction ; and in reference to condition , quality , religion , and motive , the conspirators the very same . from whence it follows , that there is no such improbability of the late discovered plot , as the papists would have us believe . an ill name is half a conviction ; quo semel est imbuta recens , & naturam expellas furcalicet , are the jesuits morals : plot , contrivance , and cruelty are so much the essential attributes of jesuitism , as if like so many romulusses and remusses they had suckt the milk of wolves rather than of christian mothers , that when you hear of plots and designs against kings and princes , you may be assur'd what sort of cyclops were the forgers of such conspiracies . neither is this bare allegation , but matter of fact , there being nothing more frequently taught , nor more frequently practis'd , than the rebellious principles of the jesuits and their adherents . how abominably the reigns of several of our princes here in england has been pester'd with this generation of vipers and blood-suckers , the penal statutes of the kingdom , and the utter expulsion of the popish priests and jesuits out of the nation , are convincing evidences . and as to their behaviour in other countries , take this following account . first then it is a maxim most true and undoubted , that a vacuum in nature may be as soon allow'd , as that there is any court of king of prince where these jesuits do not swarm and abound , if they can but creep in at the least creviss . to come to particulars , we will begin with portugal , a kingdom altogether acknowledging the papal jurisdiction . in the year 1578. the jesuits perswaded sebastian king of that kingdom , to undertake that fatal expedition into africa , to the end that by his ruin they might transfer the kingdom to the dominion of the spaniard . the success answer'd their expectation ; for sebastian being cut off , together with his son , and the greatest part of the portugal nobility , presently philip king of spain prepares to invade portugal with two powerful armies : but well knowing how little right he had on his side , and how much he should be censur'd as well in italy as in portugal for such an action , he began to make it a point of conscience , and referr'd his scruples to be discuss'd by the jesuits and franciscans in the colledge of alcana de henares , and of them he desires to know , whether if it were apparent that he had a right to the crown of portugal by the death of henry , he were not oblig'd in conscience to submit himself to some tribunal , that should adjudge the kingdom to him . secondly , whether if the portugals should refuse to admit him for their king before the difference were decided between the competitors , he might not by force of arms invest himself in the kingdom by his own authority . to which the jesuits and pranciscans made answer , that philip was bound by no tye of conscience to subject himself to the will of another , but might act as he saw fitting by his own authority . which flattering sentence of those irreligious cusuists being approved by philip , he presently began the war. in the heat of which war , the jesuits were they that would have betray'd the chiefest of the azores islands to the spaniards , which so incens'd the people , that some would have had them try'd for their lives , others would have had them and their colledge burnt together . in france , joane albret queen of navarr , was poysoned with a pair of perfumed gloves , at the procurement of the jesuits , for being the patroness of those of the reformed religion . that rebellious league of the guizes against henry the third of france , was carried on and promoted by the jesuits , both at paris and other places : insomuch , that when the league got strength and began to appear , the jesuits making a wrong use of their power of confessing and absolving , would absolve none that professed themselves obedient subjects to the king. this unfortunate prince was not only harrass'd and tormented by this villanous and jesuitical league , not only driven out of his chief city , but at length at the instigation of the jesuits , stabb'd and murder'd by a dominican monk , by them procur'd . the murder was also applauded by pope sixtus the fifth , in a long oration spoke in a full consistory of cardinals in these words : that a monk ( saith he ) should kill the unfortunate king of france in the midst of his army , was a rare , noble , and memorable act. and a little further , this act , saith he , was done by the providence of god , design'd by the inspiration of the holy ghost ; a far greater act than that of judith , who slew holofernes . expressions rather becoming the mouth of a devil , than of a vicar of christ. after him henry the fourth was first attempted by barrier , exhorted and confirm'd in the lawfulness of the fact by varada the jesuit , and others of the same gang. secondly by john castell , at the instigation of gueret and guignard , both jesuits : and francis verona the jesuit , publisht an apology in vindication and justification of the fact : and lastly , murder'd out-right by francis ravaillac a great disciple of the jesuits . and for no worse pranks than these , they were banished out of france by decree of parliament , as corrupters of youth , disturbers of the public peace , and enemies to the king and kingdom . truly very honourable characters for those that pretend to be of the society of jesus . the venetians expell'd them upon this occasion : the senate observing that the ecclesiastics , especially the jesuits , began to engross lands and houses of their territories under the pretence of legacies , to the great damage of the public income , thought it convenient to put a stop to this jesuitical engrossment ; and provide by law that ecclesiastical persons should not possess all the temporal estates in their territories to themselves , but give leave for others to share with them , it being positively against the constitution of their order , and the institution of christ their founder . the jesuits took this in great dudgeon , and wrote to pope paul the fifth about it . the venetians being summon'd to answer , would not relinquish their right , protesting withal , that they had the supreme jurisdiction in their own territories , and consequently to make laws ; and that the pope had nothing to do with them in those matters . upon which answer , the pope thunders out his excommunication . the duke and senate by public decree condemn the excommunication as unjust and invalid ; which done , they call the whole body of their clergy , and to them declare how affairs stood . the elder sort take part with the commonwealth , and maintain the argument against the pope in writing , among whom paulus venetus was most eminently signal : the jesuits not enduring the kneeness of his reasons , hire two ruffians , and upon the fifth of october , 1607. set them to assassinate paulus venetus , who thinking they had done his work , left him for dead , and fled away . this was something near sir edmundbury godfreys case . the senate hearing this , by a new law banish the jesuits for ever out of their territories , and cut them off from all hope of ever returning : and this was their fortune in venice . in the year 1609. the bohemians made a complaint to the emperour against the jesuits , for the same encroachments of which the venetians had accused them before , desiring of caesar that they might no longer be permitted to transfer and translate into their own possession such ample patrimonies , under pretence of donations and legacies , as they did continually . of which when the emperour took little notice , they were by the bohemian states themselves in the year 1618. utterly expelled out of that nation for ever , with these characters : 1. that they were lavish wasters of the public peace and tranquility of the nation . 2. that they endeavour'd to subject all kingdoms and nations to the power of the pope . 3. that they did nothing but set the magistrates together by the ears . 4. that they made particular advantage of confessions , to the destruction of the people : with many other crimes of the same nature . the same year they were expell'd out of moravia for the same reasons ; and the next year out of hungaria for the same causes . in silesia also a decree was made , that the jesuits should not enter that province upon pain of death , as being the onely means to preserve peace in the nation . as to other villanies in poland , a polonian knight , himself a papist , in an oration by him made in a full assembly of the polonian nobility , declares , that cracow the most famous city of poland , and ornament of the kingdom , was so plagu'd by the jesuits , that several good men , though catholicks , affirmed , that they would rather live in the woods among wild beasts , than abide in the city . one time among the rest , these jesuits having brought their conspiracy to perfection , brake into the most ancient monument of antiquity in the city , and to the great danger of the whole city , set it on fire , as being granted to the evangelics by consent of the king , and states of the kingdom . in posnania another great city of the same kingdom , they set fire on the church belonging to those of the augustan confession , and committed so many insolencies without controul , that the nobility refus'd to meet at the dyet shortly after to be held at warsaw , resolving to repair further off to lublin , for the redress of these misdemeanours . neither indeed was there any thing more grievously burdensom to that kingdom than the pride and avarice of those miscreants . in muscovy , upon the death of the great duke basilowich , the jesuits set up one demetrius against the lawful heir , who had made them large promises , if he obtain'd the dukedom . thereupon by the help of these jesuits , the said demetrius gets aid from the king of poland , which was not onely the occasion of a great war in muscovy , but had like to have cost them the alteration of their laws , and loss of their ancient customs and priviledges , had they not prevented it by a desperate attempt upon the impostor , and put him to death ; surrounded with impostors and jesuits . the transilvanians publicly and with one consent laid all the cause of their miseries and calamities , upon the subtilties and contrivances of the jesuits , for which reason by a public decree of the states of that province , they were ejected out of the limits of their territories . nevertheless they secretly fomented the ruin of that country , and were the reason that sigismund bathor involv'd himself in war and trouble , and at length died an inglorious and miserable death . by their contrivance also stephen potski , prince of transilvania , opposing their bloody sect , was put out of the way , as they call it , by poyson , in the year 1607. in styria and carinthia , provinces of germany , they never left till they had voided those provinces of all the inhabitants of the reformed religion . in holland , they never left till they saw the blood of william prince of orange , spilt by the trayterous hand of balthasar gerard , a burgundian and disciple of their own . the same attempts did peter de tour , and other ruffians make upon the person of maurice his son , a brave and martial prince , and all at the instigation of the jesuits , those insatiable sons of blood and perdition . a vindication of the dissenting protestants , from being authors of the rebellion against the late king , and plotters of treason against his majesty now reigning . seeing then no corner of europe has been free from the plots and conspiracies of these jesuitical fiends , it would be a kind of crime and sleepy desertion of our own safety , to suffer our selves to be charm'd by the delusions of insinuating libels and rumors of presbyterian plots , to mistrust the truth of the continu'd jesuitical contrivances against the kingdom . neither can they be thought the best subjects of england , who are so willing to gratifie the popish party , by giving credence to such idle surmizes which they can have so little ground to believe . the jesuits have committed a great piece of villany in this nation ; they have attempted the life of the king , and have been plotting to subvert the established religion of the kingdom , and now they would throw it upon the presbyterians : which is a fourbery so plain , that common sense and policy may easily discover the full intent and meaning of it : and therefore it is fairly to be hop'd , that neither presbyterians , nor any other protestant dissenters will be so unchristian-like disloyal , as to receive any exasperation from these calumnies ; but rather unite against the common enemy , from whom they can expect no more mercy , than the severest champion of episcopacy can hope for . but you will say , the presbyterians are not accus'd of any design to bring in popery , but miraculously discover'd , as the authors of a plot to set up the classes of their own ecclesiastical government . well! if it were so , they were the arrantest bunglers of plotters that ever plotted mischief in this world : for i do not find their plot to be above a years standing ; and it was a plot that was driven on out of pure kindness to the papists . for the presbyterians understanding that the papists , ( their incarnate enemies ) were under a premunire , as being accused of treason and conspiracy against the king and kingdom ; they therefore would needs enter into a plot , which they would so order as to be discover'd a twelve-month after , to ease the papists of the load they groan'd under . so that as considering the time , it fell out most confoundedly unluckily , that the presbyteriaus should conceal this plot from the papists , till so many good , honest , pious and loyal priests of baal , and sons of belial were hang'd , which would never have been done , had there been the least inkling given of the meal-tub in season . but when the names of the persons came to be seen that were to be actors in this presbyterian tragedy , then to the laughter of the whole world , there never appear'd such a dow-bak'd plot out of a meal-tub since the creation , to bring so many great men plotting against their own prosperity and enjoyments ; so many wise and politie states-men , by whom the nation has been so long steer'd , to be plotters and conspirers against their own preservation . these are plots of such a strange nature , that if they could be thought reall , they would occasion the unhinging of the whole frame of order and government , while it were impossible for honour , probity , and reputation to remain upon the earth . obedience and allegiance to government are grounded either upon religion , or moral vertue ; or if these two fail , there is a necessity which obliges the ordinary fore-sight of prudence . against these ambition or revenge are the only combatants ; but neither ambition nor revenge can bear so great a sway in persons that understand the intrigues of policy , or the more mysterious management of prudence , as to delude them into plots and conspiracies where there is no prospect of a secure change. the presbyterians are a sort of people wary and deliberate : neither are their tenents , which had their rise and beginnings from men whom the papists themselves confess to have been men of great learning , eloquence , and exemplary lives , of that crimson constitution , as to prompt them to lay the foundations of their hierarchy in blood and massacre ; or so deeply to wound the reputation of the protestant religion , by the clandestine treachery and secret contrivances of disloyalty . for as for that design of the huguenots under francis the second , king of france , of which the prince of conde , and the admiral coligni were said to be chief ; that was no design against the life or person of the king , but against the exorbitant pride of the guises , duke and cardinal , who were at the same time papists , and were themselves contriving to take away the life of the young king , and translate the royal dignity into their own family . neither could the civil wars of france be said to be the rebellion of the hugonets : but a war of the queen regents , and the two guises own weaving , while they all strove to preserve their own authority . and the queen regent her self was the first that caus'd the prince of conde to take arms , as fearing the guises would wrest the government out of her hands , by recommending to his protection the young king charles the ninth her son , her self , and the kingdom . nay they were so far from being rebels to their king , that they joyn'd with the catholiques for the recovery of haure out of the hands of queen elizabeth , who had been their friend : and though the admiral and danaelot were not at the siege , for fear of being tared by the queen of ingratitude , yet they sent both their forces and friends . some indeed justly deserved to be blamed for the violence of their conduct in the late wars ; but it is a question , of which some make no doubt , whether those violences were not occasion'd by the papists in masquerade , who well knew how to intermix themselves both in their counsels and actions ; whether they did not stand behind the scene and prompt those sons of jehu ? whether they did not pour oyl upon those flames ? for it appears that the presbyterians ( if names of distinction may be us'd among people of the same religion ) were the first that relented , as is evident by votes of addresses , and their treaty at the isle of wight , not broke off by them , but by one that was playing his own game , and meditating the destruction both of his sovereign and them too : who having made his exit , they then considered what ill phaetons they had been before , and return'd the more skilful phoebus the reins of his chariot again . but that you may know that 't is an old dog-trick of the papists to play the devils incarnate , and lay their most wicked actions upon the innocent ; i will repeat this short story out of one of the choicest french historians , and a catholique to boot . the queen regent of france having long design'd the destruction of the protestants in france , and of all the chief heads of the reformed religion ; and among the rest of admiral coligni , the life and soul of the whole party , projects the execution , with the assistance of the duke of anjou , the counts of tavanes and raix , and the chancellor birague , and easily drew in the young king , whom they made believe that there was no safety so long as those persons were alive , and the young guises were as ready as she to revenge their fathers death . as for the king of navar , they had so order'd it , that he was to be marry'd at paris at that time , and that brought the prince of conde to the city . but the admiral more wary kept aloof , till the king had begun the war with spain in the low countries , which the admiral had so passionately desir'd , and of which the king and queen regent , had assur'd him the management . then he came an end , seeing the war begun , and two of his own favourites , noue and genlis , at the head of some thousands in flanders . and these three great personages , the king of navarr , the prince of conde , and the admiral coligni , brought such trains after them , as throng'd all paris with the flower of all the protestant nobility and gentry of france : who being all thus within the net , orders were given to make a general slaughter of all without distinction , excepting the king of navarr , and the prince of conde . hence proceeded that horrible massacre in the year 1572. which lasted for seven days together , to the destruction of above 5000 persons of all ages and sexes ; and among these above 600 persons of quality . after this deluge of blood , and that the queen had sent the head of coligny embalm'd as a present to the pope , the queen regent had contriv'd to lay the load of all the committed impiety upon the guises , who were captains of the massacre , believing that the monmor ancies would certainly seek to revenge the admirals death upon them : so that while those two factions ruin'd and destroy'd one another , she might have all the power in her own hands , and rule according to her own will. but the guises being aware of this design , and having the catholique nobility , the duke of montpensier , and the parisians on their side , caus'd the queen to change her note ; and thereupon she caus'd the king to write abroad , that all was done to prevent the detestable conspiracy of the admiral and his confederates , againsh his life and royal family . thereupon there was a court of justice erected , wherein the admiral was condemn'd , and after they had murder'd him , executed again in effigies , his goods confiscated , and his children degraded : and the better to colour this , two poor innocent gentlemen that had escaped the massacre , were apprehended for saving their lives , briquemaut , and arnaud de covagnes , as his accomplices , condemn'd to the same punishment , and executed accordingly . thus what these did , our late plotters would have done : we may then say to all protestants in general , felices agricole sua si bona norint , happy would they be , would they but know their own strength , would they but make the right use of these wicked contrivances of their enemies , and laying aside all froward puuctilio's of private opinions , joyn unanimously against the common adversary . for if it be a maxim falsly argu'd against , that peace and diversity of religions cannot be preserved in the same nation , as the ambassadors of the germane princes urg'd to charles the ninth of france ; much more truly may it be said , that little matters of difference between persons of the same religion can be no impediment to their union and conformity . but further to clear the dissenting protestants , i shall here add a perfect narration of the management and contrivance of the jesuits , to render the greater part of the principal men in this kingdom , as well those of the church of england , as the dissenters , obnoxious to the government , thereby utterly to ruin them and the protestant religion , which design god of his infinite goodness has been pleased to bring to confusion , and the instruments thereof through the same divine providence , we hope shortly to see brought to condign punishment . a compleat history of the last plot of the papists , upon the dissenting protestants . the late plot of the romish priests and jesuits for murdering his majesty , subverting the government and protestant religion , and introducing popery , being proved by undeniable evidences and circumstances ; the cunning jesuits thought it their best way ( since peoples eyes were too open to be made believe there was no plot ) to confess there was a plot , and to aggravate it too ; but withal to use their utmost skill to prove , that this plot was not a popish-plot , as was generally believed , but a pure design of the presbyterians , and other dissenters from the protestant church of england , to ruin the loyal roman chatholiques , whilst indeed themselves were the conspirators ; who ( whereas they gave out that the papists intended by murdering the king , &c. to bring in popery ) really intended by killing his majesty , to introduce presbytery and a commonwealth , and so at one blow subvert the government both in church and state , and then to set up a new one of their own under the name of conservators of the liberties of england : and for this purpose they had secretly given out commissions for raising an army , the principal officers whereof were such persons who seemed to have the greatest share in the peoples affections . this design being agreed to by these hellish miscreants , all possible diligence was used to bring it to execution ; and for this purpose they drew up the scheme of a government they intended to impeach several of the truly loyal nobility and gentry , and the whole body of dissenting protestants , of conspiring . this being done , they began to form letters of intelligence concerning this presbyterian plot , and also to provide themselves with persons to swear for the truth of their allegations . to this end mrs. cellier ( a zealous papist , and midwife to the lady powis , and other roman catholic ladies ) procures the enlargement of one wiltoughby , aliàs dangerfield , aliàs thomas ; aliàs day , who had been a prisoner in newgate about six weeks , and had been convicted once at salisbury assizes , ( where he was fined five pounds , and sentenced to stand three several times in the pillory , which he did twice , and then brake prison and escaped ; ) and twice at the old bailey , for uttering false guineys , ( where for the first offence he was fined fifty pounds , and for the second he got his majesties pardon . ) he was no sooner released from newgate , but he was arrested and thrown into the counter , from whence by the means of bannister and scarlet she got him removed to the king's-bench , where ( after some fruitless attempts to get some papers relating to captain bedlow from one strode a prisoner there ) he was furnished with money by the five lords in the tower , viz. the lord bellasis , the lord powis , the lord petre , the lord arundel , and the lord stafford , ( mrs. cellier also giving him 5 l. ) to compound all his debts , &c. before mrs. cellier would discharge him from newgate , she made tryal of his wit , by ordering him to draw up articles according as she directed , against captain richardson , which he perform'd to her liking , and confirm'd her in the choice she had made of his being a fit person to carry on the designed plot. the general esteem the conspirators had of him is evident by the trust they reposed in him ; for though they had several others to carry on their new plot , yet he appears to have the chief management of it . being now sufficiently provided with instruments to execute their damnable designs , this dangerfield was recommended to his majesty by a great person , as one who was much concerned in a plot of the presbyterians against his life and government , and that from time to time he would make discovery thereof . thus they endeavoured to insinuate into his majesties mind a belief of the plot , that he might not be surpriz'd at the discovery they intended to make . another of the intended actors in this tragedy , was thomas courtees , once a clerk to sir william bucknal , one of the excise farmers , then a servant to mr. henry nevil , and after to a worthy member of parliament ; from whose service , he fell into a lewd course of life : but being thought a man fit for the design in hand , he was entertained for one of the witnesses . this person was very industrious in promoting a belief of this presbyterian plot ; for being well acquainted with mrs. bradley , who keeps the house called heaven in old palace-yard ; and there being a club of several honest gentlemen kept at her house , he desired her to bring him into their company , which she promised to endeavour . discoursing with her about the late plot , he told her , that it would shortly appear to be a plot of the presbyterians , and that they were privately giving out commissions for raising an army : whereupon she demanded , who gave out the commissions ; to which he replyed , it was mr. blood ; and added further , that if she would use her interest with mr. blood , to get a commission for him , though it were but for an ensign , he would give her 100 l. and told her also that he should get 5000 l. by it . mrs. bradley told this to mr. blood , who fearing the consequence , acquainted his majesty therewith , and from him received encouragement to make a further inquiry into this matter . mr. blood hereupon desired the woman to keep still her correspendency with courtees , and if possible to find out the mystery of this business . courtees came several times afterwards to the house , and discoursed freely with her about the before-mentioned matter , and told her , that he knew seven or eight persons who were employed upon the same account as he was . but that which follows put a stop to his proceedings , and made these wicked agents carry themselves more warily . the jesuits thought it not sufficient to throw the plot upon the presbyterians ; unless they could likewise bring off the evidence that had sworn against them , and by getting them to recant , put their innocency out of question . for this purpose mr. dugdale , one of the kings evidence , is attempted by one mrs. price , ( for whom it is said mr. dugdale had formerly some kindness ; ) she warily discovers her design , and he as warily entertains it ; and after some treaty , one mr. tesborough appears in the case . they promis'd mr. dugdale a great sum of money , upon condition that he would recant what he had sworn , and sign a paper , which they had ready drawn up to this effect . being touched with a true remorse of conscience , and an hearty sorrow for the great evil i have done , in appearing as a witness against the catholicks , and there speaking that which in my own conscience i know to be far from the truth ; i think my self bound in duty to god , to man , and for the safety of my own soul , to make a true acknowledgment , how i was drawn into thesewicked actions ; but being well satisfied that i shall create my self many powerful . enemies upon this account , i have retired my self to a place of safety , where i will with my own hand discover the great wrong that has been done the catholicks , and hope it may gain belief : i do likewise protest before almighty god , that i have no motive to induce me to this confession , but a true repentance for the mischiefs that i have done , and do hope that god almighty will forgive me . having done this , they told him he might immediately withdraw himself beyond the seas into spain , where he should be honourably entertained , during his stay there , which should be no longer than till they had brought their designs to their desired end , and then he should be recalled , and have both riches and honour conferr'd upon him as a reward for faithfully serving the catholick interest . mr. dugdale seemed willing to agree to their proposals , ( though at the same time he acquainted several honest gentlemen of every particular that passed ) if the reward could be ascertained to him ; but as for the two proposers he would not take their security for it ; whereupon they offered the security of a forein ambassador , but he told them that he thought him a person not fit for security , because he might suddenly be commanded home , and then he could have no remedy against him . then they proposed several others , whose security they said he need not question ; but still he found a plausible excuse ; his design being onely to gain time , that he might make a further discovery who set them on work . his delays created a jealousie in them , that he never intended to answer their desires ; wherefore least he should discover this treaty , and render them liable to punishment , ( as it happened in mr. readings case ) they were resolved to begin with him first ; and by the assistance of a great person , a complaint was made against mr. dugdale , that he offered for a sum of money to recant his evidence , and that he would have signed such a paper as before-mentioned ; adding withal , that it was a lamentable thing to consider how much blood had been shed upon such evidence . upon this mr. dugdale was summoned before the king and council , where giving a full relation of the affair , and having those gentlemen ready , whom he had all along acquainted with the intrigue to prove what he said ; and it plainly appearing , that mrs. price and mr. tesbrough had endeavoured to take off the kings evidence , they were both committed to safe custody . this it was that alarm'd courtees . mr. dangerfield in this time had been employed to murder the earl of shaftsbury , which he twice attempted , but could not meet with an opportunity , the earl refusing to speak in private with him ; which he urged , under pretence that he had something to reveal to his lordship of great concern to his lordships person . he waited on his lordship by the name of day , and went armed with a dagger , which he received from mrs. cellier , to whom three or four were brought by mr. rigaut . to perform this murther , he was promised 500 l. by the lords powis and arundel , ( the lord arundel giving him then 10 guineys ) and encouraged by the lady abergaveny , lady powis , mrs. cellier , and others , and his confessor sharp conjur'd him to stab him with all possible speed . after his first disappointment , they advised him to tell the earl that he was in danger of being impeached for high treason , and that from letters under his own hand ; and that when he should find himself in the tower , he would have cause to repent that he had refused to hear what he had to tell him . these instructions he followed , and told his lordship that his servants had copied out his letters , from whence would be drawn matter to form an impeachment : but the earl would not be wheadled by this to give him a private audience , and thereby administer to him an opportunity of taking away his life ; but askt him which of his servants they were that had copied out his letters : to which dangerfield replyed , that he knew not . then the earl answered , that he knew that all he said was false , for that if his letters were made known to all the world , there would not be found matter sufficient to endanger the least hair of his head , much less to form an impeachment . whereupon dangerfield told him , that if that was his lordships opinion , he would take his leave ; and so departed , leaving his lordship a little jealous of his intentions . the lady powis would have perswaded him upon a third attempt , which he refusing , she struck him gently on the hand with her fan , calling him cow-hearted fellow , telling him , she would do it her self ; but mrs. cellier told her , that should not be , for she would perform it . in order to which , the very next day she went armed with a dagger , to wait upon his lordship , who received her very civilly ; but being made more wary than formerly , by dangerfields last carriage , he strictly observ'd her , and perceiving her fumbling about her pocket , betwixt jest and earnest , he clapt his hands upon hers , and there held them , pleasantly drolling with her till she was ready to depart ; but she was not gone so far as the door , before she offer'd to return , which his lordship observing , stept to her again , and clapping his hands upon hers , quite dasht her out of countenance ; so that she departed without attempting further . thus was his lordship thrice , by divine providence , miraculously preserved from the bloody hands of papists . the plot being now ripe for execution , and treasonable letters ready written , to be conveyed into the custody of such persons they intended to accuse , and two or more witnesses prepared to swear the delivery and receit of such letters or commissions against every man in their black list ; dangerfield under the name of thomas , takes a lodging in ax-yard in westminster , ( pretending himself a country-gentleman ) where lay one colonel mansel , whose chamber he soon made himself acquainted with , and therein conveyed about nine or ten of the aforesaid treasonable letters , superscribed to several honest gentlemen and persons of quality , some of which were favourers of the dissenting protestants : when he had so done , he informed some of the officers belonging to the custom-house , that in that house there was concealed great quantities of french-lace , and other prohibited goods , desiring them the next morning to bring a warrant with them and search the house , which they promised . at night he brought one captain bedford to lie with him ( as is supposed ) that he might be a witness against the colonel : next morning after the colonel was gone forth , came the officers to search for prohibited goods ; dangerfield was very officious in assisting them to search the colonel's chamber , and at length from behind the bed brings forth the before-mentioned pacquet of letters ; upon which , casting his eyes , and seeming surprized , he cryed out , treason , these are all treasonable letters ; whereupon the officers carried them away to the commissioners : but the colonel coming in soon after , and being acquainted with all that had past in his absence , found means to retrieve them again ; and when he had so done , he made some enquiry after dangerfield , of whose quality being well informed , he carried the letters to his majesty , with protestations of his own innocency , and dangerfield's villany . whereupon on the 23. of october , the council ordered dangerfield to be taken into custody by a messenger , and after a full hearing of the business before them , oobct . 27. they committed him to newgate . when colonel mansel had thus detected dangerfield , the above-mentioued captain bedford came in very generously of himself , and confessed several things he was privy to , amongst which , one was , that this dangerfield would have perswaded him to swear that sir thomas player spoke treason , thereby to have taken away the life of that honest gentleman . the letters before-mentioned gave light enough to perceive what the design was the papists were then contriving ; whereupon sir william waller ( who has been all along very zealous in discovering the priests , and their wicked plots , notwithstanding their threats and attempts to take away his life ) understanding that dangerfield used to lodge at mrs. celliers , went thither on wednesday , octob. 29. to search her house ; and that he might leave no place unsearcht , he ordered a tub of meal to he emptied , which being done , at the bottom thereof was found a little paper-book tyed with red ribbons , wherein was a list of several persons of quality , and others , to the number of above 500. whom they designed to ruin by this their new plot. they had set down his grace the duke of monmouth for general of the army to be raised ; the lord grey , lord brandon and his son , and sir thomas armstrong , for lieutenant-generals , sir william waller and mr. blood for major-generals , &c. the duke of buckingham , lord shaftsbury , lord essex , lord roberts , lord wharton , and lord hallifax , were to have been accused for the chief counsellors and managers of this plot. many other things were contained in these papers , relating to the management of their design : upon this mrs. cellier was committed to the gatehouse . their plot being now sufficiently laid open , dangerfield ( notwithstanding mrs. celliers encouragement to be constant and firm to the catholick cause ) thought it time to confess the truth , and being brought before the right honourable sir robert clayton lord mayor of london , on friday octob. 31. 1679. he made a large confession , which held them from five of the clock in the afternoon , untill two next morning . part whereof was , that he was sent for to the tower , whither he went in disguise , where after some discourse with the lord powis , the lord arundel asked him , if he were willing to do any thing to advance his fortune ; to which he answered he would do any thing . then the lord arundel asked him if he would kill the king for a good reward ; to which he replyed , he would kill any body but the king , or his royal brother . that then the aforesaid lord asked him the same question again ; and he answered , no. then said the lord powis , no , no , my lord arundel does onely this to try you : but my lord ( continued he ) what would you give him to kill the king ? 't is worth ( said the lord arundel ) 2000 l. that then the lord powis told him , he should have 500 l. to kill the lord shafisbury . that mr. gadbury told him , the lords in the tower were angry with him , as also chiefly the lord castlemain , for that he would not kill the king , when he might easily do it , and no hurt befall him . that here , upon he asked mr. gadbury , how no hurt should befall him , when in his opinion it could be no less than death ? to which gadbury made answer , that he knew he might do it safely , for at the request of the lady powis he had calculated his nativity , and that it was clear from thence . that the lord castlemain very angrily askt him , why he was so unwilling to do that for which he was released out of prison ; and fearing some mischief from him , he left him , and went and told mrs. cellier , that the lord castlemain was angry ; to which she replyed , that it was his custom to fall out one hour , and be good friends the next . that his confessor sharp told him he must do penance for denying to serve god , as the scriptures taught . that he askt him , if they taught him to kill his king ? to which sharp replyed , yes , if he were condemn'd by them . that when he told the lady powis and mrs. cellier , of having been alone with the king in his closet ; they both said , what an opportunity have you lost ? and the lady powis added , how bravely might you have killed him , if you had been provided ! that he was sent by the lady powis to mr. webb's at petterley in buckinghamshire , with a letter directed , for mrs. jean ; which mrs. jean he found to be a priest in womans habit. that upon reading the letter , jean administred the sacrament to him , obliging him thereby to secrecy ; and then gave him papers containing a rough draught of the plot against the presbyterians , which he told him were to be drawn up into particulars by the lords in the tower , and mr. nevil in the kings-bench . that mr. wood told him , the lords in the tower had consulted , that before mr. oates wat indicted , something should be made appear of a presbyterian plot. that one duddel brought him 27 letters , written most by by mr. nevil , which mr. turner the lord powis his priest , desired some catholiques might transcribe ; whereupon mrs. cellier sent for mr. singe who wrote there about a week . that the contents of these letters were , that there business went on well here at london , as they hoped theirs did in the country : that commissioners would shortly be ready ; ( mentioning in some of these letters the names of divers persons of quality ; ) and that they would now be their own choosers in matters of government , and use papists as they pleased . that these letters were to be sent into all parts of the kingdom where any presbyterians liv'd , and privately to be put into their houses , and then their houses were to be searcht , and these papers produced for evidence against them , as they intended against colonel mansel . saturday , novem. 1. his lordship waited on his majesty and council with dangerfield's confession ; and dangerfield being again sent for to come before the council , did further declare , that all the lords in the tower gave him money , more or less , and did desire him to go to turner the popish book-seller to get his remarks on the tryals printed . that the lord powis advised lane should be sent out of the way , lest if mr. oates should find him at his house , they should all be ruin'd . that he saw sir g. wakeman at mr. stamford's house , ( the duke of newburgh's agent ) in whose own room he lay , and that sir george told him , he hid himself there for fear of the people , who had posted a threatning paper over his door ; and that he had received 500 l. by the queens order for his transportation . that sir george asking his advice , how he might get away , he told him , he had best send for a shallop from calice to take him in about six miles from dover , which he did , and escaped to newport . that dormer was author of traytors transform'd into martyrs ; and that gadbury had writ a ballad and several pamphlets . that the second time he visited the earl of shafssbury , he intended to stab him , and then put out the candle , and under pretence of running down to light it , have made his escape . that the two books taken ( whereof one was found in a meal tub ) was writ by him , and that the names therein were all dictated to him by the lady powis . that mrs. cellier and he used the words , lady mary for the king , and lady anne for the duke . in the afternoon mrs. cellier was examin'd , and declar'd , that dangerfield had for some time lain at her house . that she paid 3 l. 10. s. out of the money to be distributed to prisoners for his release , but denyed the paying of twenty pounds , or five pounds , as had been alledged . that she employed dangerfield onely to get in some desperate debts belonging to her husband , and to bail two or three persons out of prison , and in nothing else . that she did lie at the lady powis ; but denied she sent a note to dangerfield in newgate , till the note was produced , and then she own'd it . that she knew nothing of killing the earl of shaftsbury . that she did indeed go to the said earl upon business . that dangerfield did draw up articles against captain richardson , but not by her order . then dangerfield was call'd in again , who said further , that banister and she visted him in the kings-bench , and that she order'd him to get the papers from strode about mr. bedlow ; to which end , hitton the priest advised that opium should be put into strode's drink . that margaret mrs. celliers maid brought him opium from mrs. celliers son-in-law , plasdel ; and that mounson told him how to use it . that knowles and sharp , priests , told him if he continued firm to the business , he would thereby merit heaven . mrs. cellier confess'd , that she hid the papers in the meal-tub : that she did agree with mr. dangerfield to use lady mary in stead of king , and lady anne in stead of duke . and that gadbury did calculate dangerfield's nativity , but said , he would be hang'd . then the lady powis was examined , who denied all , except , that she paid ten shillings per week to mrs. cellier for dangerfields diet. that she saw him in the stone-gallery , but was not near enough to speak to him . that once and no more she discoursed him at mrs. celliers , and that then he told her of some treasonable letters hid at westminster , and that the secretary refused to give him a warrant to search for them , unless he would make affidavit of it ; and that then mrs. cellier advised him to make use of the custom-house officers to search for them . on sunday , nov. 2. mr. gadbury was examined , who acknowledged , that he had seen mr. dangerfield once or twice at his house with mrs. cellier , and that he thought he cast his nativity under the name of thomas , and that looking on his horoscope , he did say , it prognosticated a bold and adventurous man , but does not remember that he told mrs. cellier he would be hang'd . that he likewise cast the lord powis his nativity , and that it was a usual thing with him to cast the nativities of such persons of quality , whose time of birth he could be assured of . but as to other things , he said , he was innocent . nov. 1. susan edwards , mrs. cellier's maid , deposed , that she carried notes to mr. dangerfield from her mistress , when he was in newgate ; as also a guinney , twenty shillings in silver , and two books of accounts : as likewise a message by word of mouth , importing , that mrs. cellier's life lay in mr. dangerfield's hands . and said , that the lady powis had been three times at her mistresses in five weeks time that she lived there , and that once she had discourse with mr. dangerfield . nov. 2. william woodman deposed , that mr. dangerfield was two months at the lord powis's house , and that mrs. cellier and he writ often ; and that he carried letters from them to the lady powis in the tower ; as also letters from the lady powis to nevile in the king's bench ; to whom also he had carried letters from mr. dangerfield and mrs. cellier . mary ayray deposed , that duddel and she carried notes taken by mr. willoughby , aliàs dangerfield , at langhorn's trial , to mr. nevil in the king's bench , and that they left dangerfield at a coffee-house in the mean time . that she carried a letter from nevil to mrs. cellier , and another from mrs. cellier to the lady powis . that she had seen sing often with mrs. cellier . that dangerfield writ the speeches of the five jesuits , as they were dictated to him by mrs. cellier . that she had seen lane ( by mrs. cellier's order called johnson ) at powis-house . bennet duddel a carpenter , deposed , that he had seen mr. dangerfield at powis-house . that he went with mrs. ayray to the king's bench , and mr. dangerfield stayed in the mean time at a coffee-house there by . that they brought papers back with them , and that soon after mrs. ayray went to the tower. that at powis-house he has often seen mr. dangerfield , mrs. cellier , and others , writing . that mr. lane lay in the house , and that mrs. cellier was once much concerned when she thought him lost . that dangerfield once asked him if he could make a printing-press . that he went to the gate-house once or twice with mrs. ayray , who carried money to the prisoners . that by the lady powis's order he made a private place in powis-house . to all these depositions , the lady powis being called in , answered particularly . to susan edwards , that when she came to mrs. cellier , she never lighted from her coach. to woodman , that she never receiv'd a letter from nevil , or sent one to him . that she had received several from mrs. cellier , and perhaps she might have received one from dangerfield . that going to see the lady gage in the kings-bench , some body pointed to nevil as he stood at the window : and excepting once she never saw him besides that time . to duddel , that mrs. ayray did bring her some remarks upon langhorns tryal , but she never saw any thing from nevil . to mrs. ayray , that she never brought her any message from nevil . being demanded , whether mrs. cellier had not been with her in the tower from mr. willoughby ? she answered , yes ; but that she never saw willoughby but twice . hereupon mrs. cellier being called , and askt , whether she had not been in the tower with the lady powis ; she stiffly denied it : but being told , the lady powis her self had own'd it , she then confess'd she had been there . captain bedford was then called in , and said , that he was at several clubs with dangerfield . that he was at thompsons the printers , where was printing , the presbyterian unmask'd . that dangerfield paid money to dormer in s. john's . that dangerfield would have got a list of the club at the kings-head , but the drawer would not give it him . that at the green dragon he got the names of about 60 persons that used to meet there . that he went with him to the sun and ship taverns , where he enquired if the duke of monmouth had not been there the night before he went away . that dangerfield said , gadbury brought him acquainted with sir robert peyton . that dangerfield told him , the lord shafisbury , sir william waller , doctor tongue , and others , had private meetings near fox-hall about the plot. the earl of peterborough being called in , and having an account of what was laid to his charge , made a very plausible speech in answer thereto ; and as to the business of sir robert peyton , he said , that mrs. cellier told him that among others which she had brought over to be serviceable to his majesty and the duke , sir robert peyton was one , who had declared to her , that he would gladly come in , but that he thought the duke of that temper , that he would never forget an injury . that then he assured mrs. cellier , the duke was no such person ; and then she replyed , that sir robert would willingly meet him at mr. gadbury's . that they did meet accordingly at mr. gadbury's , where sir robert did say , that he would serve the king to all purposes ; but seemed to doubt of the dukes being reconciled to him . that afterwards he waited on the duke at his lordships lodgings , and from him received all the assurance of favour he could desire . these are the principal things that were acted before the king and council , the result whereof was , that the earl of castlemain ( first ) and ( after ) the lady powis was committed to the tower , mr. gadbury to the gate-house , mr. 〈◊〉 and mrs. cellier to newgate , and several others to the custody of messengers . about this time sir william waller ( searching a house near the arch in lincolns-inn fields , leading to duke-street ) seized on several habits , vestments , crucifixes , reliques , and other popish trinkets , all very rich ; as allodivers trunks and boxes full of books and papers , that did belong to father hercourt lately executed , wherein are set down several great sums of money paid by him in about 7 or 8 years last past , for carrying on the catholique cause ; as likewise many other things that confirm the truth of the kings evidence . among the relicks was found one great piece of antiquity , and by computation of time near 800 years old . it was a cross of gold , weighing about 4 ounces , upon which on the one side was engraven these words , defendite gentes hanc partem crucis omnipotentis ; in english , defend o ye nations this part of the omnipotent cross : on the other side were engraven the arms of alfred king of england , who dyed in the year 901. besides which engraving , it was empail'd with divers precious stones of a considerable value . within this cross was another cross of ebony , to which the gold one seem'd to serve onely for a case ; and as if it had been a little nest of serpentine idolatry , the ebony cross was inlaid with another cross of a quite different wood , which it is suppos'd , they believ'd to be a piece of our saviour's cross. there was also a gold ring with a motto wrap'd up in white paper , upon which was written , the ring of the bishop of glascow , with several other curiosities , which are as yet preserv'd . on novem. 5. mr. courtees was taken and brought before justice warcup , who having taken his examination , sent him to the gate-house . at his examination , he gave an account of his first acquaintance with mr. willoughby , ( not knowing then that he went by any other name ) and that willoughby told him , that the presbyterians were conspiring against the king and government , and were privately raising an army , and that mr. blood was one that gave out commissions for that purpose ; and perswaded him to use his endeavour to get one , and if he could do so , he would bring him to the king , whereby he should get 5000 l. and that upon this he made his application to mrs. bradley in order thereto , believing what dangerfield said , and that there was really a presbyterian plot on foot : so that what he did , he said was upon a loyal design . but there is some cause to suspect what he said , if we reflect on what mrs. bradley deposed on nov. 1. and what he acknowledged now ; viz. that the last time mrs. bradley saw him , asking him when they should get the 5000 l. he replied , that he would not meddle in it , that it troubled his conscience , and that it would be treachery if it were done , and it is to no purpose to meddle in it now , for there is a list found out . however it be , he is since bailed out of the gate-house : and for a confirmation of his guilt , is gone aside . and now almost every day new discoveries are made , either of priests or their appurtenances , reliques and feditious papers . dormer a priest was seized by dr. oates at the door of the council-chamber , on nov. 4. as he was busie in discourse with the lady powis , and was sent to newgate . on nov. 11. sir william waller seized at turner's in holborn , several seditious and scandalous libels , popish books and pamphlets ; as also divers beads , and priests habits , and some reliques , one of which was a very fine handkerchief , which had been dip'd in the blood of the five jesuits lately executed . not long after sir william seized on one william russel , alias napper , a franciscan fryar , and titular bishop of norwich : with him were taken the garments belonging to his office ; as also the form of an oath of abjuration , for his proselytes , to this effect ; that they did from thenceforth renounce those damnable and heretical doctrines , wherein they had been educated and instructed , and that they did oblige themselves under the penalty of damnation to remainsted fast in the faith of the mother-church of rome , &c. together with a latin prayer , in the margin whereof was written in english , whoever says this prayer shall be free from the plague . and several popish books , &c. on friday . nov. 21. sir robert peyton , mr. nevil , mr. gadbury , mrs. cellier with her maids , and others were severally examin'd ; when it was sworn , that sir robert peyton had had frequent conferences with mr. dangerfield ; and the further hearing of the matter being put off till wednesday , nov. 26. sir robert was then ordered to give bail for his appearance at the kings-bench-bar , the first day of the next term , to answer to such informations as should then be brought against him by the attorney-general . dr. oates during these transactions had two of his servants , lane ( often mentioned in this history ) and osborn , confederated with one knox belonging to the lord treasurers family , against him , who indicted him for no less a crime than sodomy : but it being proved a malicious slander , and his accusers perjured villains , who were hired by the lords in the tower , to invalidate his evidence , the jury brought it in ignoramus . and dr. oates thereupon bringing in an indictment against them in the kings-bench , knox and lane ( osborn being fled ) were tried on tuesday , nov. 25. when the whole design was so particularly laid open , especially by mr. dangerfield , ( whose pardon was perfected the day before ) that every one present was convinc'd of the intended villany , and the jury ( without the lord chief justice's summing up the evidence ) declared them guilty of the indictment : but their sentence is deferred till next term. we shall here close our history with our prayers to god , to bring to light all the dark contrivances of jesuits and wicked men ; and to their plots , and our divis●●●●● dangers , put finis . notes, typically marginal, from the original text notes for div a67878-e1060 ye had reason so to do . it is an unanswerable dilemma . i concur totally with you in opinion , assuring you , that no body doth , or shall know of this business ; and to shew my care to conceal it , i received this but this afternoon , and now i make this dispatch before i sleep . herewith i send his warrant , as you advise , which indeed i judge to be the better way . i like your answer extreme well , and do promise not to deceive your considence , nor make you break your word . i have sent all back . i think these apostyles will be warrant enough for you to proceed , especially , when i expresly command you to do so . in this i am as far from condemning your judgement , as suspecting your fidelity . york , sept. c. r. 13. 1640. a summary collection of the principal fundamental rights, liberties, proprieties of all english freemen; both in their persons, estates, and elections; and of the memorable votes, resolutions, and acts of parliament, for their vindication and corroboration, in the late parliaments of 3 & 17 of king charles; collected out of their journals, and printed ordinances. most necessary to be known, considered, re-established (in this present juncture of publick affairs) with all possible old and new securities; against past, present, and future publick violations, under-minings, by force or fraud, for the much-desired healing of the manifold large mortal wounds in these chief vital parts, and repairing the various destructive subversive breaches in these prime foundations of our english state fabrick; without which no effectual present or future healing, union, peace, or settlement can possibly be expected, or established in our distracted nations. / by william prynne of swainswick esq; a bencher of lincolns inne. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91291 of text r206517 in the english short title catalog (thomason e892_3). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 155 kb of xml-encoded text transcribed from 37 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91291 wing p4095 thomason e892_3 estc r206517 99865660 99865660 117908 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91291) transcribed from: (early english books online ; image set 117908) images scanned from microfilm: (thomason tracts ; 134:e892[3]) a summary collection of the principal fundamental rights, liberties, proprieties of all english freemen; both in their persons, estates, and elections; and of the memorable votes, resolutions, and acts of parliament, for their vindication and corroboration, in the late parliaments of 3 & 17 of king charles; collected out of their journals, and printed ordinances. most necessary to be known, considered, re-established (in this present juncture of publick affairs) with all possible old and new securities; against past, present, and future publick violations, under-minings, by force or fraud, for the much-desired healing of the manifold large mortal wounds in these chief vital parts, and repairing the various destructive subversive breaches in these prime foundations of our english state fabrick; without which no effectual present or future healing, union, peace, or settlement can possibly be expected, or established in our distracted nations. / by william prynne of swainswick esq; a bencher of lincolns inne. prynne, william, 1600-1669. [8], 64 p. printed for the author, london, : 1656. an enlarged edition of wing p4094. annotation on thomason copy: "a 2d impression much enlarged nou. 6.". reproduction of the original in the british library. eng civil rights -england -early works to 1800. a91291 r206517 (thomason e892_3). civilwar no a summary collection of the principal fundamental rights, liberties, proprieties of all english freemen;: both in their persons, estates, a prynne, william 1656 26823 105 0 0 0 0 0 39 d the rate of 39 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-07 tcp assigned for keying and markup 2007-07 apex covantage keyed and coded from proquest page images 2007-08 emma (leeson) huber sampled and proofread 2007-08 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a summary collection of the principal fvndamental rights liberties , proprieties of all english freemen ; both in their persons , estates , and elections ; and of the memorable votes , resolutions , and acts of parliament , for their vindication and corroboration , in the late parliaments of 3 & 17 of king charles ; collected out of their journals , and printed ordinances . most necessary to be known , considered , re-established ( in this present juncture of publick affairs ) with all possible old and new securities ; against past , present , and future publick violations , under-minings , by force or fraud , for the much-desired healing of the manifold large mortal wounds in these chief vital parts , and repairing the various destructive subversive breaches in these prime foundations of our english state fabrick ; without which no effectual present or future healing , union , peace , or settlement can possibly be expected , or established in our distracted nations . by william prynne of swainswick esq a bencher of lincolns inne . jer. 9. 21. is there no balm in gilead ? is there no physician there ? why then is not the health of the daughter of my people recovered ? jer. 51. 8. take balm for her pain , if so be she may be healed . 1 chron 19. 13. be of good courage , and let us behave our selves valiantly for our people , and for the cities of our god ; and let the lord do that which is good in his sight . london , printed for the author , 1656. to the imprejudiced reader . being importunately solicited by mr. vvilliam shepheard , a lawyer , specially imployed by some swordmen and grandees at vvhitehall , ( from whence he came to visit me at my study in lincolns inne , within two daies after their resolution to call a new assembly at vvestminster , wherewith he acquainted me ) to regulate the abuses in the execution of our laws ; that i would consider of such abuses of this nature , as i had observed , for him to present to that assembly to be reformed by them , being one chief end of their meeting ; which i then informed him , i had no time to do , being ready to take my journey into the country ; and that sir john davis in his epistle to his irish reports , had written so much in justification of our laws , as would satisfie and silence allsoldiers and others that ignorantly censured them . he thereupon desired me at my vacant times , to consider of this his motion in the country , for the publick good . which i since calling to mind , and considering that in the parliament of 5 r. 2 rot . parl. n. 17 , 18. it was the resolution both of the commons and lords ( desiring redress of their publick g●ievances and oppressions ) * that reformation alwaies ought to begin in the head , and so gradually from the highest members to the feet : and that it will be both bootlesse , impolitick , and ridiculous for any publick or private state-physicians , or reformers , to spend their time and pains only to cure some small scratches , or cuts in the toes , or fingers ; or breaches in the tyles or seeling of our state and laws , ( as some mountebancks , and pseudo-politicians now do ) and in the mean time to overpasse , neglect , if not increase , dilate the large deadly wounds , in the very head , heart , vital parts ; and most dangerous breaches , under-minings in their very foundations , which threaten present death , and suddain ruine to the whole body of our state , laws , nation , if not speedily healed , repaired with all possible care and diligence , by the most skilfull artists and philopaters , sufficiently qualified for such a desperate difficult publick cure , repair , and with sincere self-denying publick spirits , couragiously addressing themselves with all their skill , might , to this necessary heroick work . and withall observing , that there can be no health , ease , rest , quiet , but perpetual pain , languishing ; consumption , torture , decay in the body politick of our nation , as in the body natural , so long as there is any dislocation , fraction , convulsion , wound , malady in the bones , nerves , arteries , or chief parts and members thereof . and , then remembring that serious protestation , and solemn league and covenant , which i my self , all members of the late parliament , most persons in late power , and the generality of all the well-affected people , to publick laws , liberty , justice , religion , in our three kingdomes , not long since took in the presence of the most high god , angels , and men with hands lifted up to heaven , and then subscribed with those hands ; that they shall with sincerity , reality , and constancy , in their several vocations , endeavour with their estates and lives , mutually to preserve the rights , privileges , laws and liberties of the parliaments and kingdomes of england , scotland , and ireland , &c. and in this common cause of liberty and peace of the kingdomes , assist , and defend all those that enter into this league and covenant , in the maintaining and pursuing thereof ; and not suffer themselves directly or indirectly , by whatsoever combination , perswasion , or terror to be divided or withdrawn from this blessed union , &c. but shall all the daies of their lives , zealously , and constantly continue therein against all opposition , and promote the same according to their power , &c. ( which solemn league and covenant i find subscribed in * print , by vvilliam lenthal speaker , robert nicholas , gilbert pickering , oliver cromwell , philip l. lisle , vvilliam ellis , oliver saint-john , miles corbet , john lisle , francis rous , nathaniel fyennes , edmund prideaux , john glynn , bulstrode vvhitelocke , edward montagu , and others in greatest present power and imployments , whom i desire now to remember , and perform the same effectually , as they shall answer the contrary at that great day , when the secrets of all hearts shall be disclosed , according to those their printed subscriptions thereof , for all the good ends therein prescribed . ) i thereupon apprehended i could not perform a more seasonable , acceptable , or beneficial service to my native country in pursuance of the protestation , and solemn league and covenant , ( lying still as sacred bonds upon my conscience , ) than to draw up this summary collection of the principal fundamental hereditary rights , liberties , properties of all english freemen , both in relation to their . persons , estates , and free-elections ( most mortally wounded , more dangerously under-mined , shaken , subverted by force and fraud of late years , since our parliamentary and military contests for their defence , to the vast effusion of our treasures and blood , ( by some who were most deeply engaged in their protection and preservation ) than in the very worst of former ages , under our late or antient kings , in every particular branch : ) and of the several memorable votes , resolutions , declarations , and acts of parliament , for their vindication and corroboration , in the happy parliament of 3 caroli ; ( remembred and ratified likewise , in the last parliament of king charles ) as the most soveraign balm , the most effectual materials prepared , applyed by the learnedest , skilfullest , wisest state-physicians and builders in those parliaments , to heal and close up the mortal wounds , the perilous breaches , our late kings * jesuitical , arbitrary , tyrannical , ill-counsellors , and other viperous self-seeking projectors had sormerly made in them , to the impoverishing , oppressing , enslaving of the people , and endangering the utter subversion both of our fundamental laws , liberties , properties , government , parliaments , kingdomes , religion ; now in a more desperate deplorable condition than ever , unless speedily revived , by the fresh application of these healing cordials , reunited , repaired , supported with● these sementing ingredients by some expert , active chirurgians , and master-builders , to whom i humbly recommend them ; as a brief corollary to the first and second part of my seasonable , legal and historical vindication and collection of the good old fundamental liberties , franchises , rights , laws of all english freemen ; till god shall enable me to compleat the remaining parts thereof , in their chronological series of time ; the best legacy i can leave behind me to my native country , and the whole english nation , whose real liberty , vveal , tranquillity , prosperity , ( next to gods glory and the safety of our endangered church and religion ) hath been the sole scope , end , of this , and all other his publications ; who , though ingratefully , despitefully requited for most of them , would repute it his greatest infelicity to be enforced ( or hear other cordial state-physicians compelled ) now at last to say of england , as gods people once did of babylon , jer. 51. 8 , 9 , 10. babylon is suddenly fallen and destroyed , howle for her , take balm for her pain ; if so be she may be healed . vve would have healed babylon , but she is not healed ; forsake her , and let us go every one into his own country ; for her judgment reacheth unto heaven , and is lifted up even to the skies . yet the lord hath brought forth our righteousnesse : as he hath ( maugre all enemies , oppositions , slanders ) the righteousnesse of him , who desires thy kind acceptation of this breviary , and prayers for gods blessing upon this , and all other his real endeavours for sick , desperately-wounded englands cure ; swainswick septemb. 6. 1656. william prynne . a summary collection of the principal fundamental rights , liberties , properties of all english-freemen , &c. the liberty of the subjects persons having in the three first years of our late king charles his reign been very much invaded , endangered , under-mined , 1. by imprisonment of their persons , by the lords of the council , without any special legal cause assigned in the warrants for their commitment , but only the kings command ; 1. by honorable banishments upon pretence of forein imployments ; 3. by confinements to particular places ; 4. by remanding and not bayling them by the judges upon habeas corpora sued forth by them ; 5. by commissions for trials of souldiers and others for their lives , by martial law , in times of peace , when other courts of justice were open ; and the like . the properties of their goods and estates being likewise much encroached upon , and in a great measure subverted , 1 by forced loans and contributions . 2. by lieutenants and deputy . lieutenants exorbitant powers , and new rates , taxes , imposed on , and forced from them , without grant in parliament , for billeting souldiers , and quartering souldiers in mens houses against their wills till they paid those rates . 3. by exacting tunnage , poundage , new customes , and impositions without special grant and act of parliament . 4. by an intended commission of excise , ( never put in execution ) and other particulars of like nature . and the liberty of their free-elections , much impeached by lieutenants , and others letters , menaces , summoning of trained bands to elections , and the like indirect courses . whereupon the parliament begun on monday , 17 martii , 3 caroli , in the year of our lord 1627 , to vindicate these their infringed liberties , properties , freedomes , and preserve them from future violations of this nature ; after many learned arguments by sir edward cook , mr. noy , mr. selden , mr. littleton , mr. mason , mr. creswel , mr. shervile , mr. sherland , mr. bancks , mr. rolls , mr. ball , with other lawyers , and able members of the commons house , passed their unanimous votes against them , nemine centradicente ; fit now to be revived , re-established , after more dangerous avowed publick violations of our hereditary fundamental liberties , properties , by the greatest pretended military and civil champions for , and patrons , assertors and protectors of them , than any in former ages , as the probablest means under god then , and now to cure the mortal distempers , and repair the sad divisions , breaches , desolation of our land , a resolved upon the question . 1. that * no freeman ought to be committed , deteined in prison , or otherwise restrained by command of the king , or privy council , or any other , unless some cause of the commitment , restraint or deteiner be expressed , for which by law he ought to be committed , deteined , or restrained . 2. that a writ of habeas corpus , may not be denied , but ought to be granted to every man , that is committed , or deteined in prison , or otherwise restrained , although it be by command of the king or privy councill , or any other , he praying the same . 3. that if a freeman be committed or deteined in prison , or otherwise restrained by command of the king or privy council , or any other , no cause of such commitment , deteiner or restraint being expressed forthwith , for which by law he ought to be committed , restreined or detained , and the same being returned upon an habeas corpus granted for the same party , that then he ought to be delivered or bayled . 4. b that no freeman ought to be confined to his house , or any other place , by any command of the king or privy council , or any other , unless it be by * act of parliament , or by other due course , or warrant of law . 5. c that the commission for martial law , and all other of such nature , to be executed within the land at such times as were appointed by this commission , ( then questioned , to wit in times of peace , when the kings courts of law were open , and other legal trials might be had by juries in courts of iustice ) are against the law . 6. that † billetting and placing of souldiers or any other person in the house of any freeman , against his will , is against the law . 7. d that it is the * antient and undoubted right of every freeman , that he hath a full and absolute propriety in his goods , and estate ; and , that no taxes , tallages , loan , benevolence , or other charge ought to be commanded , imposed , or levyed by the king or his ministers , without common consent by act of parliament . all which votes were drawn up , and inserted into the petition of right , assented to by the lords , and at last by the king himself in his answer to that petition , as the antient fundamental rights and liberties of all english freemen . and therefore after all our late parliamentary and military contests , wars for their defence ; fit to be confirmed , ratified by all sorts of domestick waies and policies , by which the great charter was * antiently confirmed , and all violations of them exemplarily punished , without any further argument or debate , being indisputable principles and foundations , whereon all our liberties , properties , as english freemen , are bottomed . to which end i would advise that all civil and military officers whatsoever , as well supreme as subordinate ; all members of parliament , barresters , attornies , graduates in our universities , steward of leets and court-barons throughout our dominions , should from time to time , upon , and at their investitures into their several offices , trusts , or taking their degrees , be corporally sworn , to defend and maintain the great charter of england , the petition of right , and other fundamental lawes of this land ; together with the antient undoubted rights and liberties of our english parliaments , ( according to their late protestation , and solemn league and covenant ) and that all justices of assize , judges , and justices of the peace , should specially be sworn at every assizes and sessions of the peace in their respective circuits , counties , corporations ; and the justices of the kings bench every term , amongst other articles to the grand iury , to give them in charge upon their oaths , diligently to inquire of and present all offences , exactions , oppressions , taxes , imposts and grievances whatsoever , against the great charter , the petition of right , and other good lawes for the preservation of the liberty , right , and property of the subject , by any person or persons ; to the end , that they may be exemplarily punished according to law , by fines , imprisonments or otherwise , as the quantity and quality of the offences deserve : it being the * advice , desire , proposition , and petition of the whole commons house first , and after of the lords and commons house joyntly to king charles in his last parliament ; to which he readily assented : though never since put into actual execution ; which is now most necessary to be effectually accomplished for the future , having been so long neglected . after these votes , and the petition of right passed , several impositions upon wines , currans , tobacco , beer , and the taking of tonnage and poundage without act of parliament , being complained of , it was by special votes and declarations of the commons house , resolved and declared in the same parliament . 8. e that the receiving of tunnage and poundage , and other impositions not granted by parliament , is * a breach of the fundamental libberties of this kingdom ; and contrary to his majesties regal answer to the petition of right : and those declared publick enemies , who should thenceforth collect , or pay any customes , tunnage , poundage or imposts , not granted by act of parliament , which was since enacted and declared for law in the f two fi●st acts for tunnage and poundage , in the last parliament of king charles ; and all those in a premunire , and disable● to sue in any court of justice , who shall presume to levy the same without act of parliament . the case of all customers , excisemen and their instruments , at this present , fit to be made presidents in this kind for the terror of others . 9. a commission from the king under the great seal of england , directed to 33 lords and privy counsellors , dated the last of febr. 3 caroli , stiled , g a commission of excise , was complained of and brought into the commons house , and there read , which commanded them to raise monies by impositions or otherwise , as they in their wisdoms should find convenient , for the safety and defence of the king , kingdom and people ; the kings pro●estant friends and allies ; which without hazard of all could admit no delay , the necessity being so inevitable , that form and circumstances must rather be dispensed with , than substance lost . injoyning the commissioners to be diligent in the service , as they tendred the safety of his majesty , and of his people , dominions and allies . this commission of excise by the unanimous vote and judgement of the lords and commons , was resolved to be against law , and contrary to the petition of right . and thereupon was cancelled ( as such ) in his majesties presence , by his own command , and was brought cancelled to the lords house by the lord keeper , and by them afterwards sent to the commons : and the warrant with all inrollments of it were cancelled : and ordered by the commons , that the projector of it should be found out and punished . which judgement h was thrice recited , confirmed , and insisted on by the lords and commons , ( and some in greatest present power ) the last parliament of king charls in printed speeches and declarations . and if this intended commission of excise , though never executed , was thus frequently damned as an intollerable and monstrous grievance against our laws , properties , and the petition of right , how much more are all present orders , commissions , warrants for the actual imposing and levying all sorts of excises on such , without any act of parliament ? x. the commons house in that parliament , upon solemn argument and debate , concluded ; that by the laws of this realm , none of his majesties subjects ought to be impressed or compelled to goe forth of his county to serve as a souldier in the wars , * except in case of necessity of the sudden comming in of strange enemies into the kingdom ; or except they be otherwaies bound by the tenures of their lands or possessions ; nor yet sent out of the realm against his will upon any forein imployment , by way of an honorable banishment . which resolution in the last parliament of king charles was enacted and declared to be the law of the land , and fundamental liberty of the subject , by the i act for impressing souldiers for ireland ; by two declarations of the lords and commons against the commission of array ; and assented to by the king in his answer thereunto . all which unanimous votes , resolutions of both houses , having been successively ratified in two several parliaments in king charles his reign ( whereof some in present power were members , ) and enacted by several statutes , assented to by king charles himself ; it must needs be the extremity of impudency , tyranny , treachery , impiety , perjury , barbarism , for any who have formerly contested with him in our parliaments , or in the open field , for all or any of these premised fundamental rights and liberties of all english freemen ; and who vowed , protested , covenanted , remonstrated again and again before god and all the world , inviolably , faithfully , constantly to defend them with their lives and fortunes all their daies , in their several places and callings ; and who beheaded him as the greatest tyrant ( together with strafford and canterbury ) for infringing them ; to oppose , contradict , violate or infringe them all in a more transcendent publike manner , than he or his worst ministers formerly have done ; and now not really , chearfully to corroborate , defend , transmit them to posterity in full vigor , by all good wayes and corroborations that possibly can be devised , without the least opposition and dispute , to make the nation free , and their own posterity together with it . xi . after the petition of right had passed the commons house , and was transmitted to the lords ; the house of lords desired , that this clause might be added to the close thereof . we humbly present this petition to your majesty , not only with a care of preservation of our own liberties , but with a due regard to leave intire that soveraign power wherewith your majesty is trusted , for the protection , safety , and happinesse of your people . the commons after a long and full debate , resolved , that this saving ought to be rejected , and by no means to be added to this petition ; though very specious in shew and words ; for that it would be destructive to the whole petition ; and would leave the subjects in farre worse condition than it found them . for whereas the petition recites , that by the great charter and other laws and statutes of this land , no loan , tax , tallage or other charge ought to be imposed on the subjects , or levyed , without common consent by act of parliament , nor any freeman of this realm imprisoned without cause shewed , nor any compelled to receive souldiers or mariners into their houses against their wills , nor any man adjudged to death by martial law , in times of peace , but only by the lawful trial of his peers , according to the established lawes and custom of the realm ; this addition would make the sense and construction thereof to be , that the king by his ordinary power and prerogative could impose no loan , tax , tallage , or other things upon his subjects without their common consent by act of parliament ; nor imprison any freeman , without cause shewed ; nor billet any souldiers or mariners in mens houses against their wills ; nor condemn nor execute any subject by martial law : but yet by his soveraign power , wherewith he is intrusted for the protection , safety , and happinesse of his people , here left intirely to him ; he may when he saw cause and necessity impose what loans , taxes , impositions and charges he pleased on his people , without common consent and act of parliament , imprison them without cause shewed , quarter mariners and souldiers in their houses against their wills , and condemn , execute them by martial law , upon this pretext , that it was for the protection , safety and happinesse of his people in general ; all which himself and his council , not the judges and our laws , must determine . and so this addition , if admitted , would quite overturn the petition it self , the great charter , and all other acts recited in it : and give an intimation to posterity , as if it were the opinion of the lords and commons in this parliament , that there is a trust reposed in the king upon some emergent cases and necessities , to lay aside as well the common law , as the great charter and other statutes , which declare and ratifie the subjects liberty and property , by his soveraign power . and so by consequence to enable him to alter the whole frame and fabrick of the commonwealth , and dissolve that government whereby this kingdom hath flourished for so many year ; under his majesties most royal predecessors . whereas in truth there is in the king no soveraign power or prerogative royal to enable him to dispute with , or take from his subjects that birthright and inheritance which they have in their liberties by virtue of the common law , and these statutes , which are meerly positive and declarative ; conferring or confirming ipso facto an inherent right and interest of liberty and freedom in the subjects of this realm , as a birthright and inheritance des●ended to them from their auncestors , and descendible to their heirs and posterity . but the soveraign power wherewith he is intrusted , is only for the protection , safety and happinesse of his people , in preserving this their inherent birthright and inheritance of liberty and freedom , and those lawes and statutes which ratifie and declare them . upon these and other reasons alleged by the commons , the lords after three large conferences agreed fully with the commons , and rejected this destructive addition to the petition of right ; which the lords and commons in their * declaration touching the commission of array , january 16. 1642. ( to which many now in power were parties ) recite , insist on and corroborated in parliament , as an undoubted truth . if then the king by his absolute soveraign power wherewith he was intrusted , could upon no emergent occasion or necessity whatsoever , violate , elude , evade , subvert all or any of these fundamental laws , liberties , rights , and inheritances of the subject , by the joynt unanimous resolution of the lords and commons in these two parliaments of king charles ; much lesse then may any other person or persons , or new powers do it , who condemned him for a tyrant , and suppressed kingship as tyrannical , over-burdensome , dangerous to the peoples liberties , safety , prosperity , upon any real or pretended necessity or emergency whatsoever . much lesse may any true english parliament permit or enable them upon any pretence to do it in the least degree , to the prejudice of posterity , after so many publick parliamentary and military conflicts for these laws and liberties . the rather , because that our noble ancestors would admit no saving or addition to the great charter , or any statutes for its confirmation , that might any wayes impeach their liberties , rights , or proprieties : and when king edward the 1. in the 28 year of his reign upon the petition of the lords and commons , granted a new confirmation of their charters , and in the * close thereof added this clause , salvo jure coronae regis : that the right and prerogative of his crown should be saved to him in all things , ( which the lords most insisted on , to justify the forementioned rejected addition to the petition of right ) when it came to be proclamed in london , the people hearing this clause at the end thereof , added by the king ▪ fell into execration for that addition , and the great earls , who went away ●atisfied out of parliament , hearing thereof , went to the king and complained thereof , who promised to redress it ( as mr. selden then informed the commons house , out of a leiger book of that year , in the publike library of the vniversity of cambridge : whereupon in the statute do tallagio non concedendo , 34 e. 1. the king to please his discontented lords and commons , not only granted , that no tallage or ayd should be taken or levied by us or our heirs in our realm , without the good will and assent of the archbishops , bishops , earls , barons , knights , burgesses , and other freemen of the land , c. 1. but likewise added , c. 4. we will and grant for us and our heirs , that all clerks and lay-men of our land , shall have their laws , liberties , and free customes , as they have used to have the same at any time , when they had them best . and if any statutes have been made by us or our ancestors , or any customs brought in contrary to them , we will and grant , that such manner of statutes and customs shall be void and frustrate for evermore ; yea , king edward the 3. in pursuance thereof , in the parliament of 4● e. 3. c. 1. assented and accorded , that the great charter and charter of the forest , be holden and kept in all points ▪ and if any statute he made to the contrary , that shall he holden for none . and c. 3 , it is assented and accorded for the good government of the commons , that no man be put to answer without present more before justices , or matter of re●ard , or by due process , and writ original , according to the old law of the land . and if any thing from henceforth be done to the contrary , it shall be void in the law , and holden for ●rrour . and therefore we all jointly and severally expect and claim the like declaration and resolution in all these particulars , being assented to by king charls himself in the petition of right , and by these antient warlike kings , and true english parliaments , from whose vigilancy , magnanamity , unaminity , zeal , courage in defence of these our fundamental charters , laws , rights , liberties , we should now be ashamed to degenerate , after so many yeats , wars , and vast expences for their preservation ; and all sacred solemn protestations , vows , leagues , covenants , declarations , remonstrances , and ordinances , engaging us , with our lives and fortunes constantly to defend them all the daies of our lives , against all opposition . and if any who pretend to the name or power of a parliament , should now refuse or neglect to do their duties herein , they may justly expect to be had in perpetual detestation and execration both with god and all english freemen . xii . it was frequently averred , declared k by the commons in this parliament ; that the old custome and use of our parliaments constantly hath been , and ought to be , to debate , redress all publick grievances , and re-establish , secure their violated * great charter , laws , rights , and liberties , in the first place of all , before they debated , or granted any aides , or subsidies demanded of them , ( though never so pressing , or necessary ) it being both dangerous , imprudent , and a breach of their trusts towards the people who elected them , to play an after-game for their liberties , laws , and grievances , which would never be effectually redressed after subsidies once granted . , vvhereupon they refused to pass the bill of subsidies then granted till the petition of right was fi●st assented unto , enrolled , and their grievances , redr●ssed by the king . xiii . they cast sir edmund sawyer , a member of the commons house , out of it , upon solemn debate ; l committed him prisoner to the tower , and perpetually disabled him to serve in parliament for the future , for having a chief hand in making a book of rates , for tunnage and poundag , and laying imposiions on the subject , in nature of a projector , without grant or act of parliament . and likewise suspended mr. john baber ( then recorder and burgesse of welle ) only for making a warrant to billet souldiers , on some of the townsmen , against the law , and subjects liberty , out of fear . resolving , that all projectors and promoters of illegal impositions , taxes , billetings , projects out of base fear , ( which mr. baber ) or by regal command ( which sir edmund sawyer pleaded for his excuse ) were unfit to sit or vo●e in any english parliament , and fit to be turned out thence by judicial sentence , with greatest infamy . and whether any such be fit to be members at any other season , let those whom it concerns determine . xiv . in this parliament of 3 caroli the a speaker in the close of his first speech to the king ( according to b usual custome in former ages ) prayed 3 privileges in behalf of every member of the commons house ; the first whereof was , that for the better attending the publick and important services of the house , all and every member thereof , and their necessary attendants may be free both in person and in goods from all arrests and troubles , according to their antient privileges and immunities : which the king then readily granted them all , according to the true rights and privileges of parliament : by the mouth of the lord keeper . c after which sir edward cook ( arguing against the king and his councils power , to commit men only by special command , without any legal cause expressed in the warrant in the house used this expression . this concerneth not only the commonalty , but the lords , and therefore it deserveth to be spoken of in parliament , because this might dissolve the parliament and this house : for we may be then all one after another thus committed . 31 h. 6. rot . parl. n. 26 , 27. d no member of parliament can be arrested but for felony , treason , or peace : and all here may be committed ( under these pretences ) and then where is the parliament ▪ surely the lords will be glad of this , it concerns them as well as us ▪ e not long after the common house being informed , that sir robert stanhop a member thereof was committed by the lords of the council ; thereupon the house , ( in whose power it was , either to send an habeas corp●s , or their sergeant with his mace , for any member committed , as was resolved the last parliament before this , together with the cause thereof ) ordered ; that their sergeant should go with his ma●e , and bring sir robert stanhop , with his keeper , and the warrant for his commitment , into the house , the next morning they fate . who accordingly brought him , with the marshal of the houshold , and the warrant , wherein it was declared , that his commitment was , by the lords of the council , for breach of the peace , and refusing to give su●●ti●t for the peace ; upon a challenge and a duel , intended by him , as the truth of the case appeared , whereupon the house were of opinion that standing committed for his real breach of the peace , and refusing to give sureties , he could not have his privileges , without giving good security in the kings bench to keep the peace , and mr. ●a●shaw all●ging that in such cases some members by order of the house had entred into recogni●ances in the kings bench in former times , to keep the peace , a committee was ordered to search out the presidents , and consider of the case . but the quarrel being soon after taken up , thereupon the lords released sir robert without sureties , to attend the service of the house . on the ●8 of april 1627 sir simon steward a member of the commons house , being served with a sub p●na ad audie●dum judicium out of the s●ar-chamber , at the sute of the kings attorny , upon a bill there exhibited against him , for sundry misdemeanours ; complained thereof to the house , and shewed that he had been inticed to enter into a bond and recognizance of 500 l. not to claim any privilege of parliament . the house upon solemn debate hereof , april 20. resolved , that sir simon , notwithstanding this bond and recognizance , should have his privilege allowed him ; because he was elected by , and served for others , and could not make a proxy ; and because else the house might thereby be deprived of his attendance by his censure : yea this recognisance , with the condition thereof ( not to claim his privilege ) were held to be hold and against the law : and by order of the house , the party who served the subpoena on sir simon steward , was sent for as a delinquent ; and sir simon commanded to attend the service of the house , and not the hearing of the cause . vpon this , on the 10th of may , the inhabitants of the isle of ely exhibited a petition against sir simon to the house , complaining , that they had exhibited an information against him in starchamber , for taking bribes about pressing of souldiers as a deputy lieutenant , and defrauding the country about the kings composition ; which cause was ready for hearing ; petitioning the house , that he might wave his privilege , having entred into a bond of 500 l. not to claim it . but it was resolved upon debate , that the commons house was judge of any offence done by the members of it . and thereupon ordered , that a committee should examine the witnesses and other proofs of the charge against him ; and so this house to proceed to iudgement against him : which was done accordingly . to these cases of privilege in the commons house , i ●●all adde another memorable one in the lords house , ●● the second parliament of king charls . the king sitting that parliament , committed the earl of arundel to the tower , without leave of the house , or acquainting the lords with the cause thereof . whereupon , may 25. 1626. the lords drew up and sent this remonstrance and petition to the king , entred in their journal on record . the humble remonstrance and petition of the peers . may it please your majesty , we the peers of this your realm now assembled in parliament , finding the earl of arundel absent from his place amongst u● , his presence was therefore called for . but thereupon a message was delivered us from your majesty by the lord keeper , that the earl of arundell was restrained for a misdemeanour which was personal to your majesty , and lay in the proper knowl●dge of your majesty , and had no relation to matter of parliament . the message occasioned us to inquire into the acts of our ancestors , and what in like cases they had done ; that so we might not erre in a dutifull respect to your majesty , and yet preserve our right and privilege of parliament . and after diligent search made , both of all stories , sratutes and records , that might inform us in this case , we find it to be an undoubted right and constant privilege of parliament , that no lord of parliament , sitting the parliament , or within the usual times of privilege of parliament is to be imprisoned or restrained ( without sentence or order of the house ) unless it be for treason or felony , or for refusing to give surety for the peace . and to sati●fie our selves the better , we have heard all that could be alleged by your majesties learned counsel at law , that might any way infringe or weaken this claim of the peers : and to all that can be shewed or alleged , so full satisfaction hath been given , as that all the peers in parliament upon the question made of this privilege , hath una voce consented , that this is the undoubted right of the peers , and hath inviolably béen enjoyed by them . wherefore we your majesties loyal subjects and humble servants , the whole body of the peers now in parliament assembled , most humbly beseech your majesty , that the earl of aruudel ( a member of this body ) may presently be admitted by your gracious favour , to come sit and serve your majesty and the commonwealth in the great affairs of this parliament . and we shall pray , &c. vpon this remonstrance and petition sent to the king , the * peers presently adjourned their house till the next morning , by which time they expected the earls release ; but not finding him enlarged , the next day may 26. they presently adjourned their house till the 2. of june , refusing to sit , and resolving not to act any thing till the earl was released to sit among them , or the particular cause of his commitment and seclusion declared to them , that they might judge of its legality . whereupon the king was inforced to release him to satisfie the lords house : in imitation whereof the f whole house of commons the last parliament of king charls , upon the kings comming into the house to demand the 5 members he had impeached of high treason , january 4. 1641. ( which they voted , to be an high breach of the rights and privilege of parliament , and inconsistent with the freedom and liberty thereof ) presently adjourned it self , and so did the house of peers too ( upon his demand of the lord of kimbolton ) refusing to sit as an house , but only as a committee in london , for certain dayes , till this breach of their privileges was repaired , and their mmbers restored , vindicated , cleared by the king ; who released all further prosecution against them . from which presidents in these parliaments of king charles ; it is observable 1. that it is an antient and undoubted privilege and right of all and every mrmber of parliament , as well commoner , as peer , ( as likewise of their necessary servants and attendants ) to be free from all arrests , imprisonments and restreints whatsoever by the king , council , or any others , except only in cases of treason , felony , and breach surety of the peace : which was then cleared by 5 h. 4. n. 39. 5 h. 4. c. 6. 8 h. 6. n. 57. 31 h. 6. n. 25 , 26 , 27 , 28. 39 h 6. n. 9. ●7 e. 4. n. 36. 4 h. 8. c. 6. 3 iacobi , the baron of waltons case , and sir george ha●●ings case 2 caroli , to which the presidents printed in sir edward cooks 4 institutes p. 24 , 25. and the statute of 8 h. 6. c. 1. may be added ; which declares , that the great men and commonalty of the realm of england called or to be called to the kings parliament , do enjoy , and were wont to enjoy . and in time to come ought to enjoy , this liberty or defence in coming , tarrying , and retorning , not to be arrested , moiested , or inquieted ; and gives the same liberty to the clergy called to the convocation by the kings writs , and to their servants and families . therefore the arresting , imprisoning , secluding , molesting of any members of late or present times by the army officers or others , is a most apparent breach of this antient privilege , worthy the severest penalties , and speedy reformation . 2. that the ground and only reason of this privilege is , that all & every member summoned to , or elected and returned to serve in parliament , might duly , freely , and diligently attend his publike trust and service in the parl. without molestation , restraint , seclusion or disturbance : ( as these presidents , statutes , and records resolve : ) which all and every of them are bound to doe , under pain of being amerced , fined , and otherways punished , and of losing their wages besides ; as is clear by the statute of 5 r. 2. parl. 2. c. 4. the king doth will and command , and it is assented in the parliament by the prelates , lords and commons , that all and singular persons and commonalties , which from henceforth shall have the summons of parliament , shall come from henceforth to the parliament in the manner as they be bounden to doe , and have been accstomed within the realm of england of old times . and every person of the same realm which from henceforth shall have the said summons , ( be he archbishop , bishop , abbot , prior , duke , earl , baron , baneret , knight of the shire , citizen of city , burgesse of borough , or other singular person or comminalty ) which doth absent himself , or come not at the said summons , ( except he may reasonably and honestly excuse himself to our lord the king ) shall be amerced and otherwise punished , as of old times hath used to be done within the said realm , in the said case , &c. as likewise by the statutes of 1 h. 5. c. 1. 32 h. 6. c. 15. 9 h. 8. c. 16. the act for triennial paliaments , 16 caroli , 31 h. 6. n. 45 , 46. 8 martii 23 eliz. cooks 4 institutes , p. 1 , 2 , 4 , 9 , 10 , 15 , 17 , 23 24 , 35 , 42 to 50 , and my plea for the lords , which you may consult at leisure . therefore no member duly summoned or elected , may or ought to be arrested , secluded , or suspended the parliament by any persons or powers whatsoever , upon any pretext or new devised instrument , but only by the house and parliament it self , without the highest injustice , affront to the parliament , member , and the people who elect him . 3. that the parliament alone during its sitting , and no other person or powers whatsoever , is and ought to be the sole iudge of the due elections , offences , fitnesse , ejection , seclusion , suspension , imprisonment of the members of parliament . and that no member ●n cases of treason , felony , or breach of peace , ought to be taken away or detained from the service of the house whereof he is a member , until that house hath satisfaction concerning the truth of the fact , and grounds of the accusation ; which it is bound to examine , and then to proceed against him , themselves , if it be proper for the parliament , or to suffer him after to be proceeded against elsewhere , as resolved in the presidents of sir edmund sawyer , mr. baber , sir simon steward , sir robert stanhop , the earl of arundel , the lord of kinbolton , and 5 impeached members , forecited of late : by sundry antient presidents in my plea for the lords , p. 33 to 54. my ardua regni , and levellers levelled , cooks 4 institutes , p. 23 , 24 , &c. and expresly declared by the lords and commons , in their printed declaration , octob. 23. and remonstrance novemb. 2. 1 42. exact collection p. 655 , 657 , 723 , 724 , 726 , 727. wherefore for any persons or powers out of parliament to arrest , o● seclude any member duly summoned or elected by the people ( especially without , before , or against the judgement of the parliament , or without rendring any reason thereof to the parliament and : people who elect them ) is the highest usurpation over , and affront to the soveraign jurisdiction of parliaments , that possibly can be devised , yea an erection of a supream new power , both over parliaments themselves , and their members ; and great injustice to the people , lately g voted the soveraign power , and only fountain of all lawfull authority in the nation . 4. that the parliaments of england in all former ages , have been very diligent , vigilant , zealous , resolute , couragious in maintaining these their antient undoubted privileges of their members , and the houses of parliament , against the least incroachment or violation ; not suffering so much as one or two of their members at any time ( especially in the parliaments of king charles ) to be imprisoned , or restrained from the parliament , for any real ar pretended causes , without present demanding of him , or them , and examining the grounds of their restraints , adjorning their houses , and refusing to sit or act till till their members were restored , righted ; and their privileges repaired ; and that upon these four grounds , worthy special observation . 1. because our parliaments in former times , were constantly adjourned from the day of their first appearance , till a further time , when any of the lords , knights and burgesses , by reason of shortness of time , other publike imployments , or default of the sheriffs returns , were absent , and did not appear , to make up a full parliament upon the first day of the summons ; which i have proved by 30 parliaments , presidents and records h elsewhere cited ) in the reignes of king henry 3. edward the 3. richard 3. and henry the 4th , ( to which some others might be added ) to prevent the danger of acting any thing in a thin or packed house . 2. because the undue seclusion of any members duly elected by force or combination , ( especially when others unduly , or not at all elected by the people , were returned and admitted as members ) hath nullified , made void and repealed all the acts and proceedings of former parliaments , thus fraudulently packed for sinister private ends ; as being no parliaments at all in law or truth , but a packed conventicle and confederacy ; as the printed statutes of 21 r. 2. c. 12. 1 h. 4. c. 3. and rot. parl. 1 h. 4. n. 22 , 23. 38. 48. 66. 70. 38 h. 6. n. 35. 39 h. 6. c. 1. 17 e. 4. c. 7. and the statutes of 10 h. 7. c. 23. made in ireland , will resolve the perusers of them , being over-tedious to transcribe . 3. because else the king and his council , or others might as well summon what nobles , counties , cities , boroughs they pleased to the parliament , and omit whom else they pleased out of the summons , without any writs directed to them ; and seclude or admit whom they pleased , when summoned , elected , returned to serve in parliament ; contrary to the i great charter of king john , and the statute of 5 r. 2. c. 4. which expresly provide , that all the barons , citizens , burgesses , comminalties and counties shall be summoned to every parliament . and if any sheriff of the realm be from henceforth negligent in making his returns of writs of the parliament , or that he leave out of the said returns any cities or boroughs which be bound , or were of old time wont to come to the parliament , he shall be amerced or otherwise punished , in the manner as was accustomed to be done in the said case in times past . they being all to be summoned as formerly , exdebito iusticiae , as sir edward cook resolves in his 4th institutes , p. 1. printed by the commons house special order : else the parliament will be void and null , as the statute of 10 h. 7. c. 23. for ireland declares , resolving the patent of drogheda to be void , upon this reason . 4. because ( as both houses of parliament resolved in their ( k ) declaration of october 23. and remonstrance , novemb. 2. 1642. published in print to all our 3. kingdoms and the world , ( penned and assented to by some grandees in present power ) the king or any prevailing party whatsoever might else at any time seclude and pull out of the house of parliament all such members as they found ●r●sse and opposite to their designs ; make whom and how many members they pleased a major part , to carry on their designes , and thereby destroy the whole body of the parliament by pulling out the principal members , and pull up their privileges by the roots . a treachery , injury , innovation , not to be tollerated or connived at in the least degree , after so many protestations , vowes , solemn leagues , covenants , declarations , remonstrances , both by the parliament and army , and so many years bloudy wars , for defence of the rights and privileges of parliament . i shall therefore close up this particular with the memorable words of lords and commons forenamed remonstrances , which i desire all swordmen , the whole nation , and those especially who were then members , to take special notice of . l this privilege of the members se●●usion from the house , and arrests ( fore mentioned ) is so clear and essential a privilege of parliament , that the whole freedome of parliament depends upon it . for who sees not , that by this means under false pretences of crimes and accusations , such and so many members of both or either house may be taken out of it at any time , by any persons to serve a torn , and to make a major part of whom they will at pleasure . and therefore as the freedom of the parliament dependeth in a great part upon this privilege , and the freedome of this nation upon the freedome of parliaments ; we have good cause to believe , that the people of england , knowing that their lives and fortunes are bound up in this bundle , will venture their lives and fortunes in this quarrel . accursed , and for ever execrated then let all those sword-men and innovators be , who by any matchiavilian policies , engines , or instruments whatsoever , shall endeavour to deprive the parliaments and people of england , of this their antient essential privilege and freedoms ; or necessitate them once again to venture their lives or fortunes in this quarrel , to maintain or regain the same by a new war or insurrection , against the imprisoners or secluders of any of their duly elected and best respected publick trustees out of our parliaments in time to come ( as they have oft times done for some years by-past ) to the subversion of parliaments , and peoples general affront and discontent . to prevent which danger , i could heartily wish , that a free legal english parliament might be duly summoned , either by the peers of the realm , or by the freeholders , freemen , and burgesses of every county , city , and borough , in their default , according to the late act for triennial parliaments , yet in force ( to which many in present power were assenting ) to redress all high violations of our parliaments just rights and privileges , and prevent the like for the future , reform all publick grievances , remove all unrighteous oppressions , compose our manifold sad divisions , schismes , fractions both in church and state , and settle our three distracted kingdoms in such unity , peace , prosperity , after all our destructive wars , as all good men long , pray for , and none but traytors , or professed enemies to our tranquillity and welfare , can or dare oppose . 15. the whole house of commons ( m ) impeached , and the lords house judicially sentenced d● . manwaring ( then a member of the convocation ) for preaching before the king , and publishing in print in two sermons , intituled religion and allegiance , contrary to the laws and statutes of this realm , and propriety of the subject , 1. that the king is not bouud to keep and observe the good laws and customes of the realm , concerning the rights and liberties of the subject , who undoubtedly inherit this right and liberty not to be compelled to contribute any tax , tallage , aid , or to make any loans , not set or imposed by common consent , by act of parliament : and that his royal will and command in imposing loans , taxes , and other aids without common consent in parliament , doth so far bind the conscience of the subje●● of this realm , that they cannot refuse the same without peril of damnation . 2. that those his majesties subjects who refused the loan imposed on them , did therein offend against the law of god , against his majesties supream authority : and by so doing became guilty of impiety , disloyalty , rebellion , disobedience , and lyable to many other taxes and censures . 3. that authority of parliament is not necessary for raising of aids and subsidies , that the slow proceedings of such assemblies are not fit for the supply of the urgent necessities of the state , but rather apt to produce sundry impediments to the just designs of princes : and to give them occasion of displeasure or discontent . for which sermons and positions the lords house adjudged , 1. that this dr. manwaring ( notwithstanding his humble petitions , and craving pardon for these offences ) shall be imprisoned during the pleasure of the house . 2. that he be fined 1000 l. to the king. 3. that he shall make such a submission and acknowledgement of his offences , as shall be set down by a committe in writing , both at the lords bar and in the house of commons ( which he accordingly made . ) 4. that he shall be suspended for the time of three years from the exercise of the ministry . 5. that he shall be for ever disabled to preach at the court hereafter . 6. that he shall be disabled hereafter to have any ecclesiastical dignity or secular office . 7. that the same book is worthy to be burnt , and that for the better effecting thereof , his majesty may be moved , to grant a proclamation to call in the said books , that they may be burnt accordingly in london , and both universities , and for inhibiting the printing hereof upon a great penal●y . which was done accordingly . whether some late court-chaplaint , or parasites have not incurred the like offences , and demerit not as severe a censure as he , for some sermons , and printed pamphlets , * instruments of like nature ; is worthy the consideration of the next publike assembly , and future english parliaments . xv . the n house of commons sent for , and committed mr. laughton , and mr john trelawny , to the tower , and sir william wray , and mr. edward trelawny , to the sergeant at arms , during the houses pleasure , and ordered them to make a recognition of their offences at the assises in cornwal for interrupting the freedomes of elections in that county ; for that some of them being deputy . lieutenants , and others of them justices of peace of the county of cornwal , writ letters to this effect . whereas the safety of the realm depends upon the parliament , we the deputy-lieutenants and justices to whose care the county is committed , finding a. and b. fit persons , have desired them to stand to be knights , whereof we give you notice ; and advising sir john eliot and mr. cariton to desist , that they wished them not to be chosen , and menacing them in this manner , but if you go on , we will oppose you by all means , lest his majesty suspect our fidelity ; since you know how gracious you are to his majesty , and how many waies he hath expressed his displeasure against you . and his majesty will conceive your election to be an affront to his service , and so we shall draw the displeasure of the king on us our hope is , that you out of conscience and loyalty will not seek this place ; and we let you know , that if you do , we will oppose you all we can , &c. and writing letters to others of the county to this effect . whereas unquiet spirits seek their own ends , we desire men of moderation may be chosen , and we desire you to give your voito a. and b , &c. and for that besides these letters , they warned the trained band to attend the day of the election . by which letters , menaces , and practices they were voted guilty , as practising to pervert the free-dome of the election of the knights of that county ; and thereupon thus censured by the house . on the 28 of the same may 1628. sir john eliot reported from the committee sundry complaints against the lord mohun , vice-warden of the stanneries in cornwal , by the tinners of that county , whereof this was one , that the tinners in cornwal , have time out of mind used to elect a parliament of tinners , so often as there is occasion , summoned ever in this manner , the lord warden of the stanneries grants his commission to the vice-warden , who thereupon directs sommons to the 4 maiors of the 4 divisions of the stanneries , appointing them to elect within every division , 6 tinners to be elected by the maior and his corporation ; and so the parties elected are returned to serve in their parliment . that the lord mohun being vice-warden at christmas then last past , sent his warrant to the 4 maiors , commanding them to elect such and such persons by name to be tinners for the parliament . the maiors obeyed , and summoned the men , who met the 4th of january last . upon the meeting , the tinners questioned the lawfulnesse of that parliament . first , because there was no commission ( from the lord warden , but only a letter ) and that for a meeting only to confer. 2. for that the election was not free and due . vvhereupon that parliament was dissolved as void . upon which the lord mohun the 5 of february , sent out new sommons to the maiors , that they should reassemble such and such persons as he named in his warrant ; who meeting together , he perswaded fourteen of them ( against the protestation of the other ten ) to impose the sum of 500l . upon the tinners , towards the maintenance of their liberties , as he pretended ; and sent forth his warrants to collect the money sitting this parliament . vvhich the tinners complained of in parliament , as a great grievance and impeachment of their privilege , and freedom of their elections and parliaments ; and was so voted by the commons house , and the lord mohun thereupon summoned to answer the charge . whether the fredom of many late elections of members for this assemblie in counties and burroughs , hath not been perverted , hindered , abolished , by like letters , menaces from whitehall , major generals , captains , other grandees ; by drawing up troops of armed souldiers to the places of election to terrifie the peole , enjoining such and such persons by prescribed lists , letters , and otherwise to be chosen , such and such to be opposed and not elected , as being persons disaffected , turbulent , unquiet spirits , &c. and other indirect practices ; ( to make up a packed court-coventicle , to carry on private designs , instead of a new free state parliment ) is worthy the inquiry and censure of those whom it most concerns ; to preserve and vindicate the free-dome of elections , long since established , against such practices , menaces , force and terror , by the statute of 3 e. 1. c. 5. which enacts , * because elections ought to be free , the king commanded upon great forfeiture , that no great man , nor other , by force of arms , or by malice or menacing , shall disturb any to make free election . for violating which law , and antient custome , the whole parliament of 1. h. 4. rot : parliamenti , nu : 36. thus impeached king richard the 2. when they enforced him to resign his crown , for his misgovernment in this particular amongst others . that although by the statute and custome of his realm , in the assembling of every parliament , his people in all counties of his realm , ought to be free , to choose and d●pute knights for the said counties to be present in parliament , and to declare their grievances , and to prosecute remedies thereupon , as it should seem expedient to them ; yet the said king , that he might be able in his parliaments more freely to obtain the effect of his rash will , frequently directed his mandates to his sheriffs , to cause certain persons nominated by the king himself , as knights of the county , to come unto his parliaments . which knights verily favouring the king he might easily induce , as he frequently did ; sometimes by divers menaces and tenors , and sometimes by gifts , to consent to those things which were prejudicial to the realm , and very burdensome to the people , and specially to grant to the said king a subsidy for certain years , to the over-great oppression of his people . which misdemeanour and incroachment upon the freedom of his subjects elections , and packing of parliaments for these ends , lost him not only his peoples hearts , but his very crown , regal power and life . which others who now tread in his footsteps , and exceed him herein , may do well , advisedly to consider , for fear of the like impeachment , and tragical events . in 11 r. 2. rot. claus. dors . 13. the king sent writs to the sheriffs of kent , and all other sheriffs to summon a parliament , with this new unusual clause , by reason of the differences between the king and his nobles . eligere homines in debatis modernis maxime indifferentes . but this being a novelty , ( contrary to the freedom of elections , and the statute of 3 e. 1. c. 5. ) & contraformam electionis antiquit us usitatae , et contra libertatem dominorum et communitatis regni hactenus obtentam . ideo , therefore this clause was struck out of the writs , by order of parliament ever since . and that parliament was afterwards repealed , by the parliament of 21 r. 2. when the parliament of 6 h. 4. anno 1404. was to be summoned , the king by pretext of an ordinance of 45 e. 3. rot . parl. n. 13. wrote letters to the sheriffs and other officers ; * that no lawyer should be chosen or returned a knight or burgesse for the parliament , yet inserted it not into the writ , as walsingham and others mistake . but the very next parliament after , 7 h. 4. the commons grievously complained against the interruption of the freedom of their elections by these letters ; whereupon , to prevent the like incroachment and int●rruption for the future , at the grievous complaint , of the commons , of the undue election of the knights of the counties for the parliament , which be sometimes made at the affections of sheriffs and otherwise , against the form of the writs , to the great slauder of the counties , and hinderance of the businesse of the comminalty in the said county ; it was ordained and establishid * by a special act yet in force ; that all that attend to the election of the knights in the full county , shall proceed to the election freely and indifferently , notwithstanding any request or commandement to the contrary . by vertue of which acts and premises all late letters to major generals and sheriffs with like or worser clauses to restrein the people in the freedom of their elections , must be void and illegal . in 18 h. 6. n. 18. a new election and writ was awarded and sent to tht sheriff of cambridge , with proclamation , that none should assemble with names to the new election , nor intermeddle in it without warrant of law , the former election being vacated by reason of the force and disturbance . anno 38 h. 6. there was a parliament summoned at coventry on the 2. of november , wherein divers knights and burgesses were returned by the sheriffs , nominated onely by the kings letters ( surreptitiously procured from him by divers seditious and other evil disposed persons , to destroy and suppresse others of a contrary party ) without any election by the people : this packed parliament ordered , that they should stand and serve as knights and burgesses , though they were not elected nor duly chosen , and that the sheriffs should not incurre the penalties of the stacute of 23 h. 3. c. 11. as appears by 38 h. 6. n. 35. and the statute of 39 h. 6. c. 1. but what was the issue ? the very next year a new parliament being summoned ; the first act they made , was , to declare this parliament , and all acts , statutes and ordinances made therein , to be null and void , and of no force and effect : because it was unduly summoned , a great part of the knights for divers counties of this realm , and many burgesses and citizens for divers boroughs and cities in the same appearing , were named , returned and accepted , some of them without due and frée election , fome of them without any election , against the course of the kings laws , and the liberties of the commons of the realm ; by the means and labours of the said seditious persons , &c. as the statute of 39 h. 3. c. 1. ( worthy perusal and consideration of this next assembly ) resolves in positive termes , though not one of those then duely elected by the people was secluded . which i desire all our ignorant violent swordmen , young statesmen , and instrument-makers to take notice of , for fear all their conventions , acts and proceedings prove meer nullities in conclusion , upon this account of unfree and undue elections , and seclusions of members duly elected , against law , and the parliaments , peoples rights and privileges . 16. in this parliament of * 3 caroli , the attornies of york complained to the commons house , that king charles in the second year of his reign had granted to sir thomas mounson by patent , the sole making of all bills , declarations , and informations before the counsel of york , and likewise the sole making of letters missives and processe in that court for 3. lives . the committee of grievances , and after that the whole house of commons in the parliament of 18 iacobi , and after that in the parliament of 19 iacobi 29 novemb. adjudged the like patent as this made by king iames to john lepton 4 iacobi of this office , to be a grievance and monopoly , both in the creation and execution . and the whole committee of grievances , and commons house upon the report and full debate of this patent to sir thomas mounson , adjudged it likewise to be a grievance , both in the creation and execution , in respect of bils , declarations , and informations ; though not in respect of letters and processe ; the sole making whereof the king might lawfully grant upon the erecting of this court by a special patent , but being mixed with bills , declarations and informations in the same patent , they adjudged the whole patent to be a grievance , ( as they likewise resoved the earl of holland his patent of exchange , for the sole buying of gold and silver , to be a monopoly and grievance , both in the creation and execution , june 23. 1628. ) and that principally for 3 reasons . first , because it was a * monopoly within the statute of 21 jacobi , tending to the prejudice of the attornies of york in their very profession of making bils , declarations & informations , which they antiently made ; and likewise of the people , who must dance attendance on this sole secretary and his clerk , til they were at leisure to dispatch their bils and declarations . 2ly , because upon the making of bils and declarations men must shew their evidences to this patentee and his clerks , and trust them with them , as in cross bils they must see the evidences of both parties , which would be very mischievous and prejudicial to the clients . 3ly , because this would erect a new fee , and bring a new charge upon the people : which fee lepton took for the execution of his patent , though mounson had not yet taken any new fee . and whether the old court project ( which i formerly twice quashed ) now about to be revived , as i hear , of erecting registers in every county , to record all morgages , feoffments , leases , sales of lands , statutes , fines and obligations made therein , to prevent fraudulent conveyances , and other mischiefes , as the projectors pretended ; but in truth to put a new charge , fee , and intollerable vexation upon all sorts of people , to their intollerable prejudice , and vast expence of many thousand pounds a year for fees , and travelling charges , which these projectors only aim at for their private lucre , and to discover all mens real and personal estates ( as king richard the first , and his successors did the english jews estates and wealth , by the self-same device , and then seised and confiscated them at their pleasures ; as you may read at large in the first and second part of my short demurrer to the iews long discontinued barred remitter into england , ) will not prove a greater grieviance than this patent , for the self-same reasons , and sundry others . whether the committee for sole approbation of ministers to livings , who must all post up to london , and there dance attendance sundry weeks or months to their vast expencè ; and oft times return at last with●ut their expected preferments , without any sufficient cause alleged either to their patrons or themselves , being held fit for other livings , but not for those to which they are presented especially if benefices of good value or note , to which some of the approvers their friends or kinred have an eye ) . and the new fees there paid to their clark and register for approbations and admissions , be not as great a grievance and monopoly , as this of lepton and mounson , fit to be redressed ; i refer to the approaching assemblie , and others to resolve , upon full debate , and sundry complaints i have heard made by divers against their proceedings , and new erected fees ; which cannot be created but by act of parliament , as is resolved 13 h. 4. 14 brook patents 100. fi●zh . nat. brev. f , 122. cook 11 report . darcies case fol. 86. b. 17. they appointed a * special committee to hear , examine , report , punish the manifold complaints of the counties , and corporations of england , against the new exorbitant power and proceedings of lieutenants and deputy-lieutenant , in quartering souldiers in mens houses against their wills , in imposing rates and taxes on the country without act of parliament for the payment and billetting of souldiers , and levying them by souldiers on such as refused to pay them , by quartering souldiers upon them till paid , or imprisoning , or vexing the refusers . for which these lieutenants , deputy-lieutenants , and officers of the souldiers were sent for as delinquents , and their new power and proceedings voted to be contrary to law , and the subjects liberties , pernicious to the country , and dishonorable to the king . and whether the late erected new powers of our major generals , and their deputies throughout england be not such ( in imitation of o wil. longchamp the first protector in the reign of richard the first , who placed in every county armed troops of mercinary souldiers , under new governors of their own creatures , to over-awe and enslave the people , and impose what taxes and exactions he pleased , under pretext of preserving the publick peace , and suppressing theevs and tumults , yet was shamefully stript of all his authority , and forced to flye over sea , disgnised in womens apparel , within one year after , notwithstanding all his guards , or garrisons ; or of the p turkish bashawes , and beglerbegs , as most patriots of their countries freedome , and the ordinary people mutter ) and their exorbitant tyrannical proceedings in apprehending , taxing , decimating , dis-officing , dis-franchising , and sequestring all sorts of men in counties and corporations at their pleasure ; in controuling all officers and ministers of justice ; in intermedling with all mens sutes and causes upon any informations , or petitions , after judgements , verdicts , decrees , and whiles pending or ended in any courts of law or equity ; in summoning the parties to appear , before them , and committing , menacing them for not appearing ; in usurping all the civil as well as military power and jurisdiction into their own hands ; in levying illegal taxes by souldiers , and quartering them upon refusers , ( adjudged high treason in straffords case , for which he lost his head ) sequestring ministers at their pleasures , and taking upon them to nominate all iurymen , and new parliament men to the sheriff , as some of them have done , and commit men to prison upon civil causes or sutes ; i leave to all such who have taken the protestation , the solemn league and covenant , to all lovers , patronss of english liberties , and declamers , engagers against arbitrary tyranny , yea to the consciences of all those army officers , souldiers , and major generals themselves to resolve , who were p●nners , subscribers , approvers , applauders of , or assenters to the printed engagements , remonstrances , representations , proposals , desires , letters , and resolutions for se●ling this nation in its just rights , the parliament in their just privileges , and the subjects n their just liberties and freedoms , publi●hea in the name of the general and general councel of the army , and of all officers and souldiers of the army . in one volume , london 1647. which how sincerely they have since ( for the most part of them ) performed , let god , their own consciences , and our whole nation determine . to expiate which former guilt , let them now at last upon second and sober thoughts , effectually make them all good , to avoid the perpetual infamy of the most detestable perjury , treachery , hypocrisy , fraud , impiety , apostacy , tyranny , atheism that ever any christian saint-like army and officers were guilty of in the eyes of god or men , which else they will incurre : and for the present settlement of our three nations , in their liberty , peace , and christian unity , without more effusion of english , scotish , or irish bloud , to regain those just fundamental old rights , liberties , privileges , freedoms , laws , for which they first took up arms ( in reality or pretence at least ) against the beheaded king , transmitted to them by their ancestors , and their richest birth-right , and best inheritance , as therefore most unfit to be all betray'd , surrendred , lost , subverted now , without any further dispute , after so many years conflicts for their preservation . i shall close up all with this memorable petition of the whole house of commons to the late king , by the speaker and whole house at whitehall ( concerning the intolerable grievance of billetting and keeping of souldiers amongst them , but for a few months only ) in that parliament of 3 caroli , april 24. 1628. which the king then granted , and provided against for the future , in the petition of right ( though since condemned q as the worst and greatest of tyrants by some , who succeeed him at whitehall ) and therefore is much more just and reasonable to be granted by them now , for the peoples ease , after so many years of incessant contributions , quartering and continuing of armed mercinary souldiers amongst them , winter and summer , without any actual imployment for them , but to terifie , seize , imprison , guard , oppresse , enthrall , impoverish , dis-inherit of all hereditary liberties , rights , privileges , our english freemen at their pleasures , and to over-awe , force , dissolve , even parliaments themselves , and secure , seclude their members , for whose protection they were first raised ; vvhen as the parliament of 5 r. 2. rot . parl. n. 1. was adjorned for 3 days space , because great force of armed men , and others arayed in warlike manner , came to the parliament , by reason of the great debate between the duke of lancaster and the earl of northumberland . and the parliament of 11 r. 2. & 21 r. 2. were both repealed , because they were held with many armed men , and archers , who over-awed , enforced them to consent to bills against their wills : as the printed statute of 21 r. 2. c. 12. & 1 h. 4. rot . parl. n. 20 , 21 , 22 , 38 , 70. at large inform us ; so inconsistent are force and arms with the freedome and essence of a true english parliament ; as the armies confederates in their own ordinance of 20 august 1647. the speakers own printed letter july 29. 1647. with the solemn protestation of the prisoned and secluded members , december 11 , and febr. 13. 1648. will further resolve the nation , and souldiers , against whose billetting , and scatering abroad in companies here and there , in the heart and bowels of the kingdome , to inthrall and oppresse it , the whole commons house then thus petitioned . to the kings most excellent majesty : in all humblenesse complaining , sheweth unto your most excellent majesty , your loyal and dutiful commons now in parliament assembled . that whereas , by the fundamental laws of this your realm , every freeman hath , and of right ought to have , a full and absolute propriety in his goods and estate , and that therefore the billetting or placing of souldiers in the house of any such freeman against his vvill , is directly contrary to the laws under which we and our ancestors have been so long and happily governed . yet , in apparent violation of the said antient and undoubtted rights of your majesties loyal subjects of this your kingdome in generall , and to the grievous and insupportable vexation and detriment of many counties and persons in partcicular , a new and almost unheard of way hath been invented and put in practice to lay souldiers upon them , scattered in companies here and there , even in the heart and bowels of this kingdome , and to compell many of your majesties subjects to receive , and lodge them in their own houses , and both themselves and others to contribute towards the maintenance of them ; to the exceeding great disservice of you majesty , the general terror of all , and utter undoing of many of your good people . in so much as we cannot sufficiently recount , nor in any sort proportionably to the sense we have of our present misery , herein are we able to represent to your majesty , the innumerable mischiefs and most grievous exactions , that by this means alone we do now suffer ; whereof we will not presume to trouble your sacred ears , with particular information . only most gracious soveraign , we beg leave to offer unto your gracious view , and compassionate consideration , a few of them in general . 1. the service of almighty god is hereby greatly ly hindered , the * people in many places not daring to repair to their churches , lest in the mean time the souldiers should rifle their houses . 2. the antient good government of the country is thereby neglected , and almost contemned . 3. your officers of justice in performance of their duties have been resisted and endangered . 4. the rents and revenues of your gentry are greatly and * generally diminished ; farmers to secure themselves from the souldiers insolence , being by the clamour and sollicitation of their fearfull and endangered vvives , and children , enforced to give up their antient dwellings , and to retire themselves into places of more secure habitation . 5. husbandmen , that are as it were the hands of the country , corrupted by ill example of souldiers , are * encouraged to idle life , give over their work , and seek rather to live idlely on other mens charges , than by their own labours . 6. tradesmen and artificers almost discouraged , being enforced to leave their trades , and to imploy their times in preserving their families from violence and cruelty . 7. markets unfrequented , and our waies grown so dangerous , that your people dare not passe to and fro upon their usual occasions . 8. frequent robberies , assaults , burglaries , rapes , rapines , murders , barbarous cruelties , and other late most abominable vices , and outrages , are generally complained of from all parts where these companies have been and made their abode ; few of which insolencies have not been so much as questioned , and fewer , according to their demerit , punished . these , and many other lamentable effects ( most dear and dread soveraign ) have , by this billetting of souldiers , already fallen upon your loyal subjects , tending no lesse to the dis-service of your majesty , than to their own impoverishing , and distraction . so that thereby they are exceedingly disabled to yield your majesty those supplies for your urgent occasions which they heartily desire . and yet they are more perplexed with the apprehensions of more approaching dangers . one in regard of the subjects at home ; the other , of enemies abroad . in both which respects , it seems to threaten no small calamity . for the first , the meaner sort of your people being exceeding poor , whereof in many places are great multitudes , and therefore in times most setled , and most constant administration of justice , not easily ruled , are most apt upon this occasion to cast off the reigns of government , and by themselves , with those disordered souldiers , are very like to fall into mutiny and rebellion . which in faithful discharge of our duties we cannot forbear most humbly to present unto your high and excellent wisdom , being possessed with probable fears , that some such mischiefs will shortly ensue , if an effectual and speedy course be not taken to remove them out of the land , or otherwise to disband those unruly companies . for the second , we do humbly beseech your majesty to take into your princely consideration , that many of those companies , besides their dissolute dispositions and carriages , are such as professe themselves * papists ; and therefore to be suspected , that if occasion serve , they will rather adhere to a forein enemy , ( if of that religion ) than to your majesty their liege lord , and soveraign : especially some of their commanders and captains , being as papistically affected as themselves , and having served in the wars on the part of the king of spain or arch-dutchess against your majesties allies ; which , of what pernicious consequence it may prove , and how prejudicial to the safety of all your kingdom , we humbly leave to your majesties high and princely wisdom . and now upon these and many more which might be alleged , most weighty and important reasons , grounded upon the maintenance of the worship and service of almighty god , the continuance of your majesties high honor and profit , the-preservation of the antient and undoubted liberties of your people , and therein of justice , industry , and valour , which concerns the glory and happinesse of your majesty , all your subjects , and the preventing of imminent calamity , and ruine both of church and common-wealth ; we your most humble and loyal subjects , the knights , citizens , and burgesses of the house of commmons , in the name of all the commonalty of your kingdom , who are on this occasion most miserable , disconsolate , and afflicted , prostrate at the throne of your grace and iustice , do most humbly and ardently beg for the present removal of this unsupportable burthen , and that your majesty would be graciously pleased to secure us from the like pressure in time to come . which king charls then did by the petition of right , which i shall here insert ; because almost quite forgotten by most men , like an old almanack out of date , especially by our grandees . to the kings most excellent majesty . humbly sheweth , unto our soveraign lord the king , the lords spiritual and temporal , and commons in this present parliament assembled ; that whereas it is declared and enacted , by a statute made in the time of king edward the 1. commonly called statutum de tallagio non concedendo ; that no tallage or aid shall be taken or levied by the king or his heirs in this realm , without the good will or assent of the archbishops , bishops , earls , barons , knights , burgesses , and other the freemen of the commonalty of this realm . and by an authority of parliament holden the 25 year of the reign of king edward the 3d. it is declared and enacted ; that from thenceforth , no person should be compelled to make any loans to the king against his will , because such loans were against reason , and the franchises of the land . and by other lawes of this realm it is provided ; that none shall be charged by any charge or composition , called a benevolence , nor by any such like charge . by which statutes before mentioned , and other the good laws and statutes of this realm , your subjects have inherited this freedom : that they should not be compelled to contribute any tax , tallage , or aid , or other like charge , not set by common assent by act of parliament . yet neverthelesse of late divers commissions ( directed to sundry persons in several counties , with their instructions ) have issued , by pretext whereof your people have been in divers places assembled , and required to lend certain sums of mony to your majesty . and many of them upon their refusal so to doe , have had an oath not warranted by the laws and statutes of this realm administred unto them ; and have been constrained to become bound to make appearance , and to give attendance before your privy counsel at london , and in other places : and others of them have been therefore imprisoned , confined , and certain otherways molested and disquieted ; and divers other charges have been laid and levied upon your people in several counties , by lord lieutenants , deputy lieutenants , commissioners for musters , justices of peace , and others , by command or direction from your majesty , or your privy counsel , against the laws and free customs of the realm . and whereas also by the statute called the great charter of the liberties of england , it is declared and enacted , that no free-man may be taken or imprisoned , or be disseised of his freehold or liberties , or free customs , or be outlawed , or exiled , or in any manner destroyed , nor passed upon , nor condemned , but by the lawfull iudgement of his peers , or by the law of the land . and in the 28 year of king edward the 3. it was enacted and declared by an authority of parliament , that no man of what state or condition soever , shall be put out of his lands or tenements , nor taken , nor imprisoued , nor disinherited , nor put to death , without being brought to answer by due process of law . neverthelesse against the tenor of the said statutes , and other the good laws and statutes of your realm to that end provided ; divers of your subjects have of late been imprisoned without any cause shewed : and when for their deliverance they were brought before your justices , by your majesties writs of habeas corpus , there to undergo and receive as the court should order ; and the keepers commanded to certifie the causes of their deteiner ; no cause was certified but that they were deteined by your majesties special command , signified by the lords of your privy council : and yet were returned back to several prisons without being charged with any thing , to which they might make answer according to law . and whereas of late great companies of souldiers and mariners have been dispersed into divers counties of the realm , and the inhabitants against their wills have been compelled to receive them into their houses , and there to suffer them to sojourn , against the laws and customes of this realm , to the great grievance and vexation of the people . and whereas also by authority of parliament , in the 25 year of king edward the third , it was declared and enacted : that no man should be forejudged of life or limbs against the form of the great charer : and by other the laws and statutes of this realm , no man ought to be adjudged to death , but by the laws established in this your realm , either by the customes of the same realm , or by act of parliament . and whereas no offender of what kind soever is exempted from the proceedings to to be used , and punishments to be infflicted by the laws and statutes of this your realm . neverthelesse of late time , divers commissions under your majesties great seal have issued forth , by which certain persons have been assigned and appointed commissioners , with power and authority to proceed within the land , according to the custome of martial law , against such souldiers or sea-men , or other dissolute persons , joining with them , as should commit any murther , robbery , felony , mutiny , or other outrage or misdemeanour whatsoever ; and by such summary caurse and orders as is agreeable to martial law , and as is used in armies in time of wars , to proceed to the trials and condemnation of such offenders , and them to cause to be executed and put to death , according to the law martial . by pretext whereof , some of your majesties subjects have been by some of your majesties commissioners put to death , when and where , if by the laws and statutes of the land , they had deserved death , by the same laws and statutes also they might , and by no other ought to be judged and executed . and also sundry grievous offenders by colour thereof , claiming an exemption , have escaped the punishments due to them by the laws and statutes of this your realm , by reason that divers of your officers and ministers of justice have unjustly refused or forborn to proceed against such offenders according to the same laws and statutes , upon pretence , that the said offenders were punishable only by martial law , and by authority of such commissions as aforesaid . which commissions , and all other of like nature , extended to any except souldiers , or mariners , or to be executed in time of peace , or when or where , your majesties army is not on foot , are wholly and directly contrary to the said laws and statutes of this your realm . they do therefore humbly pray your most excellent majesty , that none hereafter be compelled to make or yield any gift , loan , benevolence , tax , or such like charge , without common ; consent by act of parliament : and that none be called to make answer , or take such oath , or to give attendance , or be confined or otherwise molested or disquieted concerning the same , or for resusal thereof ; and that no freeman in any such manner as is before mentioned , be imprisoned or deteined ; and that your majesty would be pleased to remove the said souldiers , and mariners , and that your people may not be so burthened in time to come ; and that the aforesaid commission for proceeding by martial law may be revoked , and ●nulled ; and that hereafter no commission of like nature may issue forth to any person or persons whatsoever , to be executed as aforesaid ; lest by colour of them any of your majesties subjects be destroyed or put to death , contrary to the laws and franchises of the land . all which , they humbly pray of your most excellent majesty as their rights of liberties , according to the laws and statutes of this realm ; and that your majesty would also vouchsafe to declare , that the awards , doings , and proceedings to the prejudice of your people in any of the premises , shall not be drawn hereafter in consequence , or example ; and that your majesty would also be graciously pleased for the futher comfort , and safety of your people , to declare your royal will and pleasure , that in the things aforesaid , all your officers and ministers shall serve you , according to the laws and statutes of this realm , as they tender the honor of your majesty , and the prosperitie of this kingdome . to which petition king charles at last gave this full and satisfactory answer : soit droit fait come il est desire par le petition : that is , let all right be done as it is desired by the petition . to the unspekaable joy of this parliament and all his subjects . adding withall thereunto : i assure you my maxim is , that the peoples liberties strengthen the kings prerogative : and that the kings prerogative is to defend the peoples liberties . the benefit of which most excellent law , petition , and of all the precedent parliamentary votes , lawes ( with the present repealing , and vacating all acts , votes , orders , ordinances , declarations , resolutions , iudgements , instruments repugnant thereunto , as meerly void in law , by the express statutes of 25 e. 1. c. 2. 42 e. 3. c. 3. and the petition of right ) we all now jointly and severally claim as our undoubted birth-rights , and as the price , crown , trophy , guerdon of all our late parliamentary counsels , expended treasures , bloudsheds , wars , victories , over the real or pretended enemies of these our just liberties , franchises , rights , laws , and introducers of an arbitrary , and tyrannicall government repugnant thereunto ( wherein many thousands of the nobility , gentry and commons of the realm of chiefest rank hazarded their estates , bloud , lives in the field , as well as the army-officers , to preserve and enjoy the forementioned fundamental laws , liberties , rights and properties ) which we hope no true-bred english freeman or swordman whatsoever can have the hearts or faces to deny unto us , against all their former protestations , remonstrances , vows , oaths , covenants , engagements , both to god and the english nation , for fear of being made shorter by the head , as the most perfidious traytors , or rolled into their graves in bloud by the over-oppressed enraged people , as the most insolent oppressing tyrants , yea tumbled headlong into hell flames for all eternity , soul and body , by god himself , as the most perjured execrable hypocrites and impostors that ever england bred . gal. 5. 1 , 13 , 14 , 15. stand fast therfore in the liberty wherewith christ hath made us free , and be not intangled again with the yoke of bondage . for brethren , ye have been called unto liberty : only use not liberty for an occasion to the flesh , but by love ferve one another . for all the law is fulfilled in one word , even this , thou shalt love thy neighbour as thy self . but if ye bite and devour one another , take heed that ye be not consumed one of another . an appendix to the premises it hath been the antient plot , and long agitated design of robert parsons , and other iesuites and their instruments , under pretext of reforming the common laws and statutes of england , to alter , subvert abolish the great charter , common fundamental laws of the land , and principles of government , whereon the iustice of the kingdom , and liberty and property of the subjects are established ; as i have irrefragably proved at large , by robert parsons his memorial for reformation of england , written at sevil in spain , an. 1590. by william watson ( a seminary priest ) his quodlibets , printed 1601. p , 92 , 94 , 95 , 286 , 330 , 332. a dialogue between a secular priest and a lay-gentleman , printed at rhemes 1601. p. 95. william clark ( a roman priest ) his answer to the manifestation of father parsons , p. 74 , 75. robert parsons own manifestation of the folly , and bad spirit of certain in england , calling themselves secular priests , f. 55. to 63. mr. thomas smith his preface to mr. iohn daillae , his apology for the reformed churches : cambridge , 1653. p. 12 , 13 , &c. the declaration of the whole house of commons , 15. decemb. 1641. exact . collection , p. 3 , 4. ludovicus lucius , historia iesuitica , p. 318 , 319 , 535. and other evidences in my epistle to a seasonable , legal , and historical vindication of the good old fundamental liberties , rights , laws of all english freemen ; and to a new discovery of free-state tyranny , to which for brevity i refer the reader . that it hath been the souldiers and anabap●ists design , endeavour , to put this their iesuitical plot against our laws in execution , under pretext of reforming the corruptions in the law , and lawyers , by the tutorship of the disguised iesuites ( swarming amongst us , and having a consistory and councel abroad , that rules all the affairs of the things of england ; as their own general , o. cromwell himself avers in positive terms to all our three nations , and the world , in his printed speech in the painted chamber , september 4. 1654. p. 16 , 17. ) i have there likewise demonstrated , and is so experimentally visible to all men by their frequent consultations , committees , treatises , discourses , votes , and instruments set on work , to regulate our laws , that it needs do further proof . the excellently connaturalness , conveniency of the laws of england to englishmens tempers , is so fully expressed , demonstrated by fortescue , in his book de la●dibus legum angliae , glanvill , britton , and others of antient , and by sir iohn davies in his epistle to his irish reports , sir edward cook in his epistles to his reports , institutes , with others of later times ▪ by the very new modellers of our old hereditary kingdom , into a puny free-state , in their remonstrance of march 17. 1648. and by mr. iohn pym , and mr. oliver saint-john , in their late parliamentary speeches , printed by the commons house special orders ; that i shall not spend waste-paper to commend them , being the most excellent laws of all others in the world , as they all unanimously resolve . i shall only adde to their encomiums of them : that the extraordinary care , diligence of our ancestors , and all our parliamentary councels in former ages , to maintain , preserve , defend and transmit to posterity those good old laws we now do or should enjoy , with the last long parliaments impeaching , beheading strafford and canterbury for arch-traytors for endeavouring to subvert them with their innovations on the one side , and the late king and his partisans on the other side , in above * * in the collections of ordinances , printed by both houses orders . 500 printed declarations , orders , ordinances , proclamations , remonstrances ; that the principal end of all their consultations , arms , wars , taxes , impositions , expences of infinite treasure and bloud , in all the unhappy contests against each other ; was inviolably to defend , maintain our laws and the subjects liberties , secured by them as their best patrimony , birthright , and inheritance ; the inserting thereof into all their generals and military officers commissions , and all ordinances , to raise monies for the armies pay ; is an unswerable evidence of their transoendent excellency , utilility , preciousnesse , value , esteem , in the eyes of our parliament and whole nation : and a convincing discovery of the iesuitical infatuation , folly , frenzy , treachery of those swordmen and their confederates , who now revile , traduce , and endeavour all they may , to reform , alter , subvert those very laws , and liberties which they were purposely commissioned , waged , engaged inviolably to defend , both by the parliament , and people , and for which end they formerly professed , declared in many printed * * printed 1647. romonstrances of their own , they fought and hazarded their lives in the field ; yet now would conquer , and trample under feet , as if they had only fought against them and our hereditary liberties confirmed by them . i must confess , there are some few grievances , abuses , not in the theory , but practice of our laws ( introduced by dishonest attorneys and sollicitors for the most part ) fit to be redressed by the iudges of the law , ( as some of them have been upon complaint ) which i my self had many years since reformed ( as i told mr. shepheard upon his fore mentioned motion to me ) had not those army-men violently pulled me with other members out of the house ; and interrupted the settlement , peace , liberty , ease from taxes , excises , and good government of the kingdome , by a happy close with the late king , upon more safe and honourable terms of freedom and happiness to the whole nation and our parliaments , than ever we can hope for from our new governours or sword-men ; to usurp the soveraign power of king and parliament into their own hands , and perpetuate our wars , taxes , excises , armies , and military government upon us , from generation to generation , as experience now manifests beyond contradiction , not for the peoples safety , ease , wealth , tranquillity , as they then pretended : which people though they then cried up , * * january 1648. voted for the only supreme authority ; their free elections for the only basis of all lawfull magistracy , power , in and over the nation , and their safety as the supreme law ; yet now they imperiously trample upon as their conquered slaves , and both by their publike speeches , actions , proclaim to all the world , they now no more value them than they doe the very acorns of the swine , or dust of their feet , no further than they are subservient to their own aspiring designs , and selfish ends . for those few remaining abuses in our laws execution yet unredressed by former laws , as they no waies concern the army , or army-officers as souldiers , being out of their calling , commission , and fit only for iudges , or parliaments in their defaults , to redresse : so they concern not the generality of the people ( many thousands of them having no sute at law in all their lives , and the most of them very rarely ) but for the most part only some litigious , contentious persons , who out of their pride and animosity , occasion these abuses , and prolongatio●s of sutes in law , which they and others complain against , and therefore are justly punished and rewarded by them ; the expensivenesse and tediousnesse of their law sutes , being the best means to correct , cure their contentious malicious spirits : other sutes between peaceable persons being soon determined without any great expence , or length of time , if diligently prosecuted by honest lawyers , attorneys , and sollicitors . but the grievances these martial reformers of our laws have introduced , under pretext of reforming some petty abuses in the practice of the law and lawyers , are of a far more grievous , generall , and transcendent nature , subverting the very fnndamental laws and liberties of the whole nation ; and burthening them with two or three millions of extraordinary taxes , expences every year , whereas all the abuses in the law if rectified , amount not to above 5 or 6 thousand pounds a year at the most , and those volunt●rily expended by litigious persons , not exacted from , or imposed upon any against their wills , as taxes , excises , imposts , tunnage and poundage now are by the souldiers , without act of parliament against our laws . which if redressed by the swordmen now , is not out of any affection towards , or design to ease the people , but out of spleen to the profession and professors of the law , and to increase the peoples monthly taxes to the souldiers , and maintenance of their new war , to tenfold the value every year at least , to what they now expend in law-sutes by reason of these abuses they would now redresse ; which will be nothing so grievous , expensive to the people , as those alterations they intend to make in our laws and legal conveyances , which will but multiply sutes , and draw all mens estates into future sequestration in few years space . there are four things specially provided for by our fundamental laws , and the original constitution of our government , which principally concern all the freemen of england in general , above all things else . 1. the privileges and fredome of their parliaments and their members . 2. the safety and liberty of their persons . 3. the propriety of their estates . 4. the free course of common law , right , justice . all which our army reformers have lately violated in the highest degree , beyond the presidents of the worst of former ages , against all laws of god and the land , their own commissions , trusts , declarations , protestations , vowes , leagues , covenants , engagements , without any colour of lawful authority ; to the whole nations intollerable grievance , injury , oppression , impoverishing , enslaving , and yet would be reputed the only just , upright , faithful , righteous , conscientious protectors , reformers of our laws , grievances , government , and gods most precious saints ; and all others meer malignants or disaffected persons to liberty and reformation , who oppose or dislike their proceedings , secluding them out of their new parliaments as such , when elected most freely by the people . 1. for the privileges , freedom of parliaments , and their members , formerly held most sacred and inviolable , c c see the epistle and appendix to my speech in parliament , and the history of independency . they have in their own and the armies name , impeached , imprisoned , suspended from sitting , many members of both houses ; marched up professedly against them ; contrary to their trusts , commands , and the expresse statutes of 5 r. 2. c. 4. 5. h. 4. c. 6. 8 h. 6. c. 1. 4 h. 8. c. 8. forced them to retract their own orders , votes , ordinances ; eject , imprison their own members , and vote what they prescribed them . since which they imprisoned , close imprisoned my self , with sundry other members , in remote castles , sundry years , without any cause , hearing , or recompence for this transcendent injustice ; and not content herewith , they contrary to both houses votes seised , impeached , abused , condemned , beheaded the late king , d d cook 4 instit. c. 1. & modus teneadi parliam . the head of the parliament ; suppressed , abolished the whole house of lords , the antientest , chiefest members of it ; secured , secluded the greatest part of the commons house ; and forcibly dissolved the parliament it self by the sword , without any writ , contrary to an expresse act of parliament . and how they have disturbed , secluded , abused , dissipated , dishoused their own mock-parliament , and their members even in the like manner ; how they and their new instruments have new-modelled that they now call our parliaments ; how they have deprived many antient burroughs , cities , of their right of electing burgesses , or of so many burgesses as they ought , contrary to their charters , and the expresse statutes of 5 r. 2. c. 4. 1 h 5. c. 1. 32 h. 6. c. 15. 9 h. 8. c. 18 ; disabled many thousands of their votes in elections , who have voices , and enabled others to be electors who have no votes by our laws ; incorporated scotish , and irish knights , burgesses as members into their late parliaments , and interrupted the freedom of elections , by letters , menaces , armed troops , soldiers , and other indirect means , against the statute of 3 e. 1. c. 5. the great charter , and constitutions , laws , rights , privileges of our parliaments ; ( to make what persons and number of their own creatures they please , a pretended parliament , to bind our three nations ( by colour of a void , illegal instrument , made sodenly by a few privadoes of their own in a corner ; having no more legal force to bind our three nations or parliaments , than a fiddle-string , or the new cords wherewith the uncircumcised philistines by their treacherous dalilah bound sampson of old ; which he brake from off his arms like a threed , judg. 16. 12. ) all which is so well known to themselves , and others , that i shall not insist any further thereon . and are not all and every of these far greater abuses , & of more general important concernment to the whole nation , than any they would now reform , or declaim against in our laws , or lawyers ? fit now to be redressed ? being adjudged no lesse than high treason in others ; not only by the * * see the epistle to my speech in parliament , p. 15 , 16. parliaments of 4 e. 3. n. 1. 21 r. 2. cap. 12. 1 h. 4. rot . parl. n. 21 , 22. 31 h. 6. c. 1. 3 jac. c. 1 , 2. and in chaloners and tomkins case june 14. 1647. in the last parliament of king charles , a collection of ordinances , p. 200. to 206. but likewise by the army officers e e their remonstrance and representation , aug. 2. & 18. 1 & 7 decem. 1647. their charge , june 14. 1647. themselves ; yea the very ground-work of all the uncapabilities , penalties , sequestrations , decimations , forfeitures , they have imposed on others for levying warre , and adhering unto the late king against the parliament ; which they but mediately and indirectly opposed and warred against , but themselves immediately , actually , directly warred upon , seised , secured , dissolved , destroyed , against their trusts , commissions to defend both the parliament and the members of it from force and violence : and therefore are the * * their instrument of government , art . 14. 16. far greater delinquents , and uncapable to give any voice to elect any members , or to be elected or sit in the three next parliaments , by their own self-condemning censures , declarations , f f article 14. 16. new instruments , and verdicts passed against others ; and by st pauls own verdict , rom. 2. 1 , 2 , 3. are inexcusable , and shall not escape the judgement of god : though they escape the sentence of all humane tribunals , for their offences of this nature . 2. for the safety and liberty of their persons , these army-reformers have contrary to the great charter , all other fundamental laws , statutes , the petition of right it self , and premised votes in the parliament of 3 caroli , in new-created military courts of iustice , impeached , condemned , executed not only the late king and sundry nobles , but likewise knights , gentlemen , and other freemen of all rancks , callings , without any lawfull inditement or tryal by their peers , for offences not capital by our known laws ; forcibly apprehended by armed troopers , the persons of parliament-men , noblemen , and others of all sorts ; imprisoned , close-imprisoned them in remote castles , under armed guards , and translated them from one castle to another , and my self amongst others , without any legall examination , accusation , hearing , or cause expressed ; banished some , and imprisoned others , ( yea some of their own military-officers , and greatest friends ) in those forein isles , castles , ( whither the prelates and old council-table lords , banished me and my fellow-brethren heretofore ) without any legal sentence ; imprisoned , close imprisoned thousands at a time upon sudden carnal fears and jealousies , ( unbeseeming saints , christians , or men professing so much faith , confidence in god , and such signal ownings both of their persons and present powers by god himself , as they have done in publick or private from time to time , and having an whole army to guard them ) and dragging them out of their houses , beds , in the night by souldiers , and shutting them up in inconvenient places ; banished multitudes from time to time , from london and other parts , for sundry months together ; confined others to certain places ; impressed thousands for land and sea-services , and forein imployment ( as well apprentices as others ) against their wills , and carried them away perforce to , and others from forein plantations , to the indies , where they have lost their limbs , lives , to the ruine of their families and masters . degraded all our nobles without any lawfull cause or hearing , of all their personal , hereditary powers , trusts , commands : disfranchised , disofficed judges , justices , recorders , maiors , aldermen , common-council-men , freemen , servants , and many such very lately even by major generals , and their deputies at their pleasures , taking far more authority upon them now in all places in this and other kinds , than ever any kings of england did , in late or former ages . and that which transcends all presidents , imprisoning lawyers themselves , as grand traytors , and delinquents in the tower of london , only for arguing their clients cases , according to their oaths , duties , in defence of their common fundamental personal liberty and property , when illegally committed for refusing to pay unjust excises and imposts , without act of parliament , in the late case of mr. cony , and threatning to imprison others for prosecuting lawfull sutes : when as the late king they beheaded for a tyrant , freely permitted my self , and other lawyers , to argue the cases of knighthood , loans , shipmony , imposts , tonnage and poundage , which so ●uch concerned him , without imprisonment or restraint . and are not these , with the denying habeas corporaes to some , stoping the returning , or benefit of them when returned , to others , far greater grievances , abuses ( which concern every subject alike , and strike at the foundation of all our liberties ) than any these sword-men dislike or declame against in our laws or lawyers ? fit now to be redressed . if any private person injure any freeman in any of these kinds forementioned , he may be remedied and recover dammages by an action of the case , trespass , or false imprisonment ; but being thus injured by our new whitehall grandees , swordmen , souldiers , committees , excise-men , major-generals , their deputies , or deputy deputies , who all imprison , dissranchise , oppresse men at their pleasures , ( which f f fortescue c. 8. 1 h. 7. 46. 16 h. 6. fitz. monstran . d' faits 182. none of our kings could do ) he is now left destitute of all relief or recompence by law , or ordinary course of justice , and imprisoned by committees of indemnity , if he sue , and forced to desist , or release his action , having no lawyer who durst to plead his cause , for fear of imprifonment , nor judge to release him , for fear of displacing ; such is our present , worse than turkish thraldom , under these grand reformers of our laws , and new-found guardians of our liberties , crying out aloud to heaven and earth for present redresse . 3. for the propriety of their estates ; so fenced , vindicated , secured by the forecited parliamentary votes , acts , and petition of right ; alas ! what is become of it ? have not these sword-reformers forcibly disseised , dis-inherited not only our kings , nobles , and other officers of their hereditary honors , dignities , offices , franchises , but likewise them , and thousands more , their heirs , successors , wives , children , kinred , of their palaces , mannors , houses , lands , possessions , rents , revenues , real and personal estates , without any other law or title but ( that of theeves and pirates , turks and * * see purch . ● pilgrinage bo. 6. c. 6. & h●ylyns microcosm . mamalukes ) the longest sword ? against not only all laws of the land , but the very eighth and tenth moral commandements of god himself , now practically quite expunged out of their decalogue ? and do not all else hold their lands and estates as tenants at will , to these supream new land-lords , who upon any new coined delinquency , or pretended plots , really sequester , or confiscate them at their pleasures by the self-same law and title ? yea where as all our kings in former ages took aids and subsidies from our ancestors only as 1 1 sec bastals tenths and taxes & all the the acts for subsidies , tunage and poundage . as their free gifts and grants in parliament , and that in moderate proportions , to wit , one fifteen , tenth or subsidy , and no more in antient times , and but two or three subsidies an● fiftoens of later daies , payable at sundry times , in divers years , for which our kings returned them hearty thanks in their answers to those grants , and granted them new 2 2 magna ●●arta c. 37 & 52 h. 3. ● . 5. 25 ● . 3. c. 1 , 2. c. 28 h. 8. c. 1. m●● . paris hist. angliaep . 311. 355. 367. 421. 576. 624 688. 838. 833. 338. 940 , 941. 960. confirmations of their laws , liberties and the great charter , when violated , together with beneficial general pardons in recompence of these their aids and subsidies ( though for publick uses and defence ) which they never claimed nor imposed in the clergy or laity , but by their several free grants in full and free parliaments , and convocations of the clergy , ( as all our parliament rolls , our imprinted acts , histories , and 3 3 4 institut●s c. 1. p. 10 25●0 35. sir edward cook at large inform us ) do not these our new military reforming soveraigns ( as if they were more than kings ) without any free gift , grant , or act of parliament in a full and free parliamentary assembly , by their own new usurped power , ( without any thanks at all to the people , or confirmation of their violated laws , liberties , privilges , or general pardons ) against all former acts , and parliamentary votes , impose both on the clergy and laity , against their wills , ( beyond all presidents of former ages ) what excessive heavy monthly taxe , s excises , imposts , tunnage , poundage , and other payments they please upon the w●ole nation , without intermission ( which their new comodelled parliaments themselves must , nor alter nor controll by the 27 , 28 , 29 articles of their instrument ) and levy them by armed souldiers , violence , imprisonments , quartering , and other great penalties , fines inflicted on the refusers of them , and dispose of them at their pleasures when levied , without giving any account thereof to the nation ? yea force them to pay their contributions some months before they grow due ; when no land-lord can receive his rents , nor creditor his debts to pay these taxes , till at , or after the time they become due ? and all to enslave , impoverish the nation , to carry on new wars , without consent of parliament , and gain new conquests abroad , whiles in the mean time our merchants are robbed , undone , our trading decayed by these taxes , wars , and forwant of well-guarding the seas at home . and not content with these ordinary monthly contributions , excises , imposts , have not these refarmers , without any legal trial , hearing , conviction of new delinquency g g see my gospel plea for the ministers of the gospel . ( oft endeavouring to take away all ministers tithes , though due unto them jure divino , as well as by the laws of the land ) exacted the tithes of all formerly sequestred persons , their heirs and widows estates , improved according to the best improved valu , by a late decimation , ( for which there is no divine nor human law or right ) notwithstanding all former compositions , pardons under seal , articles of war , their own act of oblivion , their late instrument of government , and oath for its observance ; besides all our antient laws , exempting them there from , yea notwithstanding this sacred canon ezech. 18. 20. the son shall not bear the iniquity of the father ; with this maxim in our law , transgressio personalis moritur cum personâ ; when as yet many sons , yea some infants are merely decimated for their fathers , and wives jointures , dowe●s charged for their husbands delinquencies ; nay which is yet more barbarous , illegal , hundreds of orthodox , able , godly , learned , protestant ministers of our church , without any hearing or crime at all , for their former expiated pardoned mistake , in being addicted to the late kings party , are not only turned out of all their livings , lectures , fellowships , schools at once ; but likewise prohibited to preach , teach school , in publike or private , or to be entertained as chaplains in private houses , to support themselves , wives , children ; or to administer the sacrament , or mary any , under pain of imprisonment , banishment : and may not all our other protestant orthodox ministers , school-masters , scholars be thus smi●ten down , and suppressed at once , by the like club-law and justice , of which this president is a very sad presage ? moreover do not these reformers seise mens horses , arms , swords , fouling , birding pieces , ( yea the very armorets , chand●rrs , arms and ammuntion , though their stock , wa●es , trade , livelihood ) at their pleasures , upon every pretended plot , fear , jealousie ? yea do not souldiers , excise-men and their agents break open , search , ransack mens houses studies , trunks , chests , both by day and night , and ' take away their goods , chattels , yea their writings ' records , papers ( as they h h see my new discovey of free-state ty●a●n● . did mine , ) at their pleasures ; against all law , and many late parliament votes , nay have not they forced thousands of all sorts to enter into great penal bonds of late , with sureties , both for themselves and all their servants , containing strange , unheard-of i i adjudged illegal 1 e. 3. c. 15. and 1 e. 3. rot . 2 , 3 4. illegall conditions , and forced them to pay , some 10 s. others 5 s. others 2 s. 6 d. for every bond , ( an unparalleld oppression ) though many of them not worth so much , under pain of imprisonment , sequestration , and banishment in case of refusal : to omit all other extorted fees by marshals , lieutenants , officers of the tower , and others , from prisoners ; by souldiers for levying pretended arrears of taxes , and of excise-men , and their instruments ? and are not these more grievous abuses , fit to be redressed , than any coruptions , excesses , fees in lawyers , or our laws ? no private person or lawyers can take one farthing from another against his will , nor do the least prejudice to his reall or personal estate against law , but he may have present remedy for it . but these new reformers , by excises , imposts , contributions , decimations , sequestrations , and new-invented forfeitures , can forcibly extort , and levy some millions of pounds from the whole nation , every year , against their wills , all our laws , yea strip whole families of their inheritances , without any remedy by law or otherwise : yet this must be no grievance or injustice at all in them , though the highest treason , and unpardonable crying offences , in strafford , canterbury , the old council-table , and beheaded king ; but a most righteous proceeding , necessary to be still pursued if not now established by a new law , inabling them still to tax and poll us at their pleasures , without any future parliaments or redresse . 4. for the free course of the common law , right , and justice , according to magna charta , c. 29. we will deny , nor deferre to no man iustice or right . it was never so much obstructed in any age by any persons , as by these new reform does of our laws . witness their unparalleld late whitehall ordinances , touching their illegal excises : which not only indempnifie all excisemen , and their assistants against all actions ( k ) 4 decemb. & 17 march , 1653. may 4. 1654 , &c. to be brought against them , or other molestations by all parties grieved ; but expresly requiring , injoyning all courts of iustice of this commonwealth , and all judges and iustices of the same , sheriffs , counsellors , attornies , sollicitors , and all other persons to conform themselves accordingly , without any opposition or dispute whatsoever ; so that now no court of justice , or judge must or can right ; nor any lawyer , attorney , sollicitor , or other person , plead , argue or prosecute any sute at law against any illegal excise , tax or imposition , though never so unjust and oppressive ; nor against any levier of them , or imprisoner of refusers of them , under pain of being dis-iudged , ( like thorp , nudigate , and rolls of late ) or being committed to the tower , as mr. maynard , twisden , and wadham windham were , for arguing coni●s case against these whitehall ordinances . a slavery worse than that of the l l see my second demurrer to the jews remitter into england . english iews of old ; to omit all former inforcements of well affected plundered persons and others , to release their actions , judgements , executions against cavaliers , souldiers , and others , and to pay them dammages , and costs of ●ute besides , to their undoings , by their councils of war , and committees of indemnity , of which there are hundreds of sad presidents ; i shall only touch their new major generals , captains , lieutenants , and others late abuses of this kind , in sending for lawyers , attornies , sollicitors , parties , by souldiers and other messengers , and forcing them by menaces , terror , and threatned imprisonments to release their actions , iudgements , executions , and to referre all sutes depending in courts of equity or iustice , to their own hearing and determination . their examining , controlling , reversing orders , iudgements , decrees , made not only by iudges , iustices , and others , in courts of law and equity , but even by committees of parliament , and the commons house it self : their sending for some persons in custody who refused to attend them , upon references , and others sundry miles , and making them dance attendance on them from day to day upon bare petitions and false suggestious of clamorous persons , after several iudgements , decrees in courts of iustice , equity , parliaments , and former references by the late king , seconded with many years quiet enjoyment , for lands recovered against them , to their intollerable expence and vexation . a preparative to ingrosse all law and iustice for the future into their own hands alone , and suppresse all courts of iustice , iudges , as dull and uselesse tools , as some of late have stiled them . and are not these far heavier , sadder grievances , abuses worthy redresse , than any these reformers complain of in our laws or lawyers ? if our sword-men imagin , their victorious successes will still bear them out in all these their illegal extravagances , against all laws , tribunals both of god and men ; let them remember , that * * t●og●s pom●etus , & justin . hist. l. 1. hero●io●us , l. 1. ● . diodorus siculus , lib 2. cyrus king of persia , after his victorious conquests of astyages , croesus , all asia , and the east , with a great part of scythia , and 30 years reign , with continual and admirable successe ; was at last ( after a great victory over the scythians ) sodenly surprised and slain by thomyris queen of scythia , and his whole old victorious army of two hundred thousand persians put every man to the sword , not one of them escaping to bring back tydings of this their admirable universal overthrow and slaughter . after which his head was cut off by the queens command , and thrown into a vessel filled with mans bloud , with this exprobation of his cruelty , satia te sanguine quem sitisti , cujusque insatiabilis temper fuisti . that * * paterculus hist. l. 2. & 3. plutarch . in his life . pompey the great , that glorious and famous roman , after his conquests of , and 3. publike triumphs ( decreed him by the roman senate ) over europe , asia and africa , ( the whole known world in that age ) which he had subdued , was yet at last conquered by iulius caesar his corrival , and forced to fly into egypt ; there taken and beheaded by a slave , and his carkass lef unburied on the sands , as a prey to the birds and beasts ; so that he who formerly wanted earth for him to conquer , now wanted earth to bury him ; such was the vicissitude of his fortune ( as paterculus observes . ) and not long after this great conquerour * * suetonius , plutarch , futropius , g●rimston , and o●hers in his l●fe . caesar , was sodenly stabbed to death in the senate house by his own friends in whom he most confided , for his ambitious tyrannical usurpations over the senate and people ; enough to make all other usurping oppressing swordmen tremble ( not half so great conquerors as either of these three ) notwithstanding all their former successes ; which should rather humble and make them more just , righteous towards the people , for whose lawes and liberties they pretended they only fought against arbitrary tyranny , impositions and rapine , than more arbitrary , insolent , exorbitant , oppressive than those they fought against , and suppressed ; and that upon the consideration of 2 chron. cap. 10. 2 kings 14. 8. to 15. mich. 2. 1 , 2 , 3 , 4 , 5 , 7 , 8 , 9 , 10. ierem. 34. 8. to 22. and rom. 11. 17. to 22. which i desire them seriously to peruse and meditate upon at their leisures . to these forenamed 4. generals , i might add their new voluminous whitehall folio edicts , ordinances , repealing , altering our former laws and statutes in many particulars , imposing new taxes , payments , forfeitures , imprisonments , fines , penalties on the people , aad such as shall infringe them ; their converting all prizes taken by their men of war , to private vses , and their publike treasury , without repairing or satisfying our merchants losses by pyracies and wars in the first place , by whose customs and for whose safety they are principally maintained , and whose damages should be therefore in justice , conscience , first repaired ; major generals and their deputies suppressing of innes , taverns , alehouses ( like absolute justices ) without any legal authority , and then setting them up again soon after , through the mediation of friends or mony : their riding in circuit with those who are their iudges to overawe and controll them ; their open abetting and countenancing of causes ; their great destruction of the timber of the nation , against sundry statutes , their building of new stately houses , gardens , &c. upon the peoples and the publick stock ; the sharing of the publike lands and revenues of the kingdom amongst themselves , which should defray publike expences , now fit to be reformed , as in former ages ; their making sectaries and illiterate sword-men , and other persons of mean quality , who understand neither law nor iustice , their iustices of peace , and committee men in sundry places , against former statutes : their imposing , administring oaths to men without any legal commission or law ( as every sword-man now presumes ) a praemunire and grand offence in former ages : with sundry more generals , which i pretermit , the particulars whereof would amount to many baronian tomes , if at large recorded , being worthy the consideration of the approaching assembly , if not of reformation . which assembly being purposely called , as these army officers , and major generals report , and some whitehall letters import , for the reformation of our laws , and for the healing and closing up of the wounds , breache● of our distracted , discontented nations ; which my skill in chirurgery and politicks , and the method of all former parliaments assures me can never perfectly be healed and closed up , without danger of r●lapse & breaking out again with greater , pain , danger , violence , unless they be first searched , lanced , and laid open to the bottom , & then perfectly cleansed , and incarnated , without leaving any core or corruption underneath . i have thereupon ( to gratifie mr. shepheard , and discharge my bounden duty to my profession and country ) thus briefly anatomized and laid them open to publike view , to the end they may ( through gods blessing ) receive a speedy , sound and perfect , not superficial palliative cure , without any other sinister design . now the grand physician both of souls and states give so effectual a blessing and successe to these few leaves , that they may prove like the leaves of the tree of life , rev. 22. ●2 . for the healing of the nations ; that god may not now say of england , as he did once of israel , jer. 30. 13 , 14 , 15. thy bruise is incurable , and thy wound is grievous , there is none to plead thy cause that thou maist be bound up : thou hast no healing medicins : all thy lovers have forgotten thee ; they seek thee not ; for i have wounded thee with the wound of an enemy , with the chastisement of a cruel one , for the multitude of thine iniquities , because thy sins are encreased . finis . notes, typically marginal, from the original text notes for div a91291e-390 * reformatio semper debet incipere in capite , et sic de-gradu gradatim ad imuns . * at the end of the solemn league and covenant , printed by both houses orders by it self , and sent into all counties : and in a collection of ordinances , p. 426 , 427 , 128. * see the commons remonstrance 15 decemb. 1641. exact collection p. 4 , 5 , &c. notes for div a91291e-1610 a 2 april 1628. * see the great charter of king john . mat. paris p. 248. magna charta . 9 h. 3. c. 29. 5 e. 3. c. 9. 25 e. 3. c. 4. 28 e. 3. c. 3. 37 e. 3. c. 18. 42 f. 3. c. 3. 2 h. 4. rot . parl. n. 60. 69. the petition of right . 3 caroli . b 4 april 1628. * mag. charta , 9 h. 3. c. 29. 35 eliz. c. 2. 3 jac. c. 5. dal●ons justice of peace , c. 45. 9 h. 5. c. 8. c 7 may , 1628. 9 h. 3. c. 29. 5 e. 3. c. 9. 25 e. 3. c. 4. 28 e. 3. c. 3. t 5 e. 3. c. 1 , 2. 1 h. 4. rot . parl. n. 43. 44 , &c. petition of right , 3 caroli . see my discovery of free-state tyranny , p. 39 40 , 41. † petition of right , 3 caroli . d 4 april , 1628. * mag : charta , c. 30. 25 e. 1. c. 5 , 6. 34 e 1. d● tallagio non concedendo , c. 1. 14 e. 3. stat . 1. c. 21. stat . 2. c. 1. 15 e. 3. stat . 3. c. 5. 27 e 3. stat . 2. c. 2. 38 e. 3. c. 2. 1 r. 3. c. 2. 21 e. 3. rot . parl. n. 16. 25 e. 3. rot . parl. n. 16. 36 e. 3. rot . parl. n. 26. 45 e. 3. rot parl. n. 26. 1 h. 4. rot . parl. n. 32. 43. 11 h. 4. rot . parl. n. 50. * see rot . par. 17 iohannis 22 , 23 , 24. dors . mat. paris p. 243 to 255. 305 to 312. 838 , 839. 878. 890 , 892. 938 , 940 , 941 , 960. & 25 e. 1. c. 1. &c. 28 e. 1. c. 1. & claus. 28 e. 1. m. 7 , 8. * exact . collect. p. 20 , 21 , 309. 326. e 25 iune , 1628. * mag. charta , 9 h. 3. c. 20. 25 e. 1. c. 1. 6. 34 e. 1. c. 1 , 2. 14 e 3. stat . 1. c. 21 stat . 2. c. 1. 35 e. 3 stat . 2. c. 1. 15 e. 3. stat . 3. c. 5. 1 r. 3. c. 2. 2● e. 3. rot . parl. n. 16. 36 e. 3. ro● . parl. n. 26. exact coll. p. 382 , 383 , 884 , 857 , 858. f exact collection , p. 789 , 790 , &c. g 11 , 15 , 19 iune 1628. h exact collection p. 885. 6. mr. o : st. iohns speech and declaration concerning receiving ship-mony p. 13. 15. 16 , 19. see my declaration and protestation against the int●lerable extortion of excise . * 1 e. 3. stat . 2. c. 5. 4 h. 4. c. 13 , 25 e. 3 c. 8. exact collection , p. 877 , 878 , 879 , 880. i exact col●ction , p. 389 , 390 , &c , 435 , 436 , 877 , 878 , 879 , &c. 387. 19 , 22 , 23 , 24 , 26 , 27 , 28 may 1628. * exact collect , p. 885. * articuli super chartas , cap. 4 20 , k 22 , 23 , 24 , 25 march , 1628. and sund●y daies after . * 52 h. 3. c. 5. 25 f. 1. c. 1 , 2 , 3. 28 e. 1. c. 1 , 2. 1 e. 3. stat. 2. c. 1. 9. 2 e. 3. ● . 1. 4 , 5 , 10 , 14 , 15 , 25 , 28 , 31. 36. 37. 38 , 42. 45 e. 3. c. 1. 1 , 2 , 3 , 5 , 6 , 7 , 8 , 9 , 12 15 ● . 2. c. 1. 2. 1 , 2 4 7 , 9. 13 h. 4. c. 1 , 3 , 4. 9 h. 5. c. 1. 2 h. 6. c. 1. 11 h. 7. c. 1. l 21 junii , & 9 april 1628. a ●9 martii 1627. b 6 h. 4. n. 8. 3 h. 4. n. 8 &c , 9 h. 4. n. 12 , 13 , &c. 11 h. 4. 1. 10 , 11 13 h. 4 , ● . 10. 11. cook 4. instit. p. 8. c 29 martii 1628. d see my plea for the lords , p. 50 , 51 , 52. & 8 h. 6. n. 57. william mildreds case , burgess of london . e 3 & 5 maii 16 8. * see my pleasor the lords , p. 6. f exact coll ction p. 34. to 57. 66 , 67. &c. g jan. 1648. see the history of independency . h 〈…〉 lord 〈…〉 &c. i mat. paris hist. angliae , p. 247. see my plea for the lords , p. 5 , 6. exact collecton , p. 655 , 657 , 723 , 724 , 726 , 727. l exact collection p. 724. * artic. 27 , 28 , 29. n 12 , 13 may 1628. 28 may 1628. s●e cooks 2 institutes p 198 , 169. * walsingham , hist. angliae , p. 414. sir edw. cooks 2 institut . s c. 1 : p. 10. * 7 h. 4. c. 15. * 29. & 3● . maii , 1628. * see cooks 11. report , f. 84 , 85 , &c. see my humble remonstrance against ship mo●●y . p. 8. * 24 & 28 martii . 2 & ap●il . 10 mai● &c. 1628. o hovenden annal : pars posterior p 700 to 736. nubrigensis hist. l. 4. c. 14 to 19. godwin in his life p. 247 to 271. my new discovery of preesta●e tyranny p. 77. &c. p see tur●e 〈◊〉 status & descriptio ●ugduni . 1634. q ( q ) see the declaration of march 17. 1648. ●ith the sentence against him . * and now in more places the souldiers have wholly withdrawn them both from our churches and ministers , see mr. edwards gangr●na . * and are they not much more so now ? * are they not now so more than ever ? * are not many souldiers now secretly such , & openly anabaptists , quakers , sectaries , revilers of our church , ministers ? and are not some of their commanders likewise such ? demophilos, or, the assertor of the peoples liberty plainly demonstrating by the principles even of nature itself, and by the primitive constitutions of all governments since the creation of the world that the very essence and the fundamentals of all governments and laws was meerly the safety of the people, and the advancement of their rights and liberties, to which is added the general consent of all parliaments in the nation, and the concurrence of threescore and two kings since first this island was visible in earnest, and by commerce with other nations, hath been refined from fable and neglect / by william prynne ... summary collection of the principal fundamental rights, liberties, proprieties of all english freemen prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56154 of text r5727 in the english short title catalog (wing p3943). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 149 kb of xml-encoded text transcribed from 37 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56154 wing p3943 estc r5727 11893560 ocm 11893560 50478 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56154) transcribed from: (early english books online ; image set 50478) images scanned from microfilm: (early english books, 1641-1700 ; 507:14) demophilos, or, the assertor of the peoples liberty plainly demonstrating by the principles even of nature itself, and by the primitive constitutions of all governments since the creation of the world that the very essence and the fundamentals of all governments and laws was meerly the safety of the people, and the advancement of their rights and liberties, to which is added the general consent of all parliaments in the nation, and the concurrence of threescore and two kings since first this island was visible in earnest, and by commerce with other nations, hath been refined from fable and neglect / by william prynne ... summary collection of the principal fundamental rights, liberties, proprieties of all english freemen prynne, william, 1600-1669. [9], 64 p. printed for francis coles ..., london : 1658. running title: a summary collection of the principal, fundamental rights, &c. published earlier (1656) under title: a summary collection of the principal fundamental rights liberties, proprieties of all english freemen. reproduction of original in bodleian library. eng a56154 r5727 (wing p3943). civilwar no demophilos, or the assertor of the peoples liberty. plainly demonstrating by the principles even of nature it self, and by the primitive con prynne, william 1658 26752 457 0 0 0 0 0 171 f the rate of 171 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2002-04 tcp assigned for keying and markup 2002-04 apex covantage keyed and coded from proquest page images 2002-05 tcp staff (michigan) sampled and proofread 2002-05 allison liefer text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion demophilos , or the assertor of the peoples liberty . plainly demonstrating by the principles even of nature it self , and by the primitive constitutions of all governments since the creation of the world . that the very essence and the fundamental of all governments and laws , was meerly the safety of the people , and the 〈…〉 ancement of their rights an●… 〈…〉 erties . to which is added 〈◊〉 general consent of all parliaments in the 〈◊〉 , and the concurrence of threescore and two 〈◊〉 since first this island was visible in earnest , and 〈…〉 merce with other nations , hath been 〈◊〉 〈◊〉 〈◊〉 and neglect . by william prynne 〈◊〉 bencher of lincolns-inne . lo●…don , printed for francis 〈◊〉 in the old-baily . 1658. to the imprejudiced reader . being importunately solicited by mr. vvilliam shepheard , a lawyer , specially imployed by some swordmen and grandees at vvhitehall , ( from whence he came to visit me at my study in lincolns inne , within two daies after their resolution to call a new assembly at vvestminster , ●…herewith he acquainted me ) to regulate the abuses in the execution of our laws ; that i would consider of such abuses of this nature , as i had observed , for him to present to that assembly to be reformed by them , being one chief end of their meeting ; which i then informed him , i had no time to do , being ready to take my journey into the country ; and that sir iohn davis in his epistle to his irish reports , had written so much in justification of our laws , as would satisfie and silence all soldiers and others that ignorantly censured them . he thereupon desired me at my vacant times , to consider of this his motion in the country , for the publick good . which i ●…nce calling to mind , and considering that in the par●…iament of 5 r. 2 〈◊〉 . parl. n. 17 , 18. it was the re●…olution both of the commons and lords ( 〈◊〉 redress of their publick grievances and oppressio●…s ) * that reformation 〈◊〉 ought to begin in the head , and so gradually from the highest 〈◊〉 to the feet : and that it will be both●… bootlesse , impolitick , and ridiculous for any publick or private state-physicians , or reformers , to spend their time and pains only to cure some small scratches , or cuts in the toes , or fingers ; or breaches in the tyles or seeling of our state and laws , ( as some mountebancks , and pseudo-politicians now do ) and in the mean time to overpasse , neglect , if not increase , dilate the large deadly wounds , in the very head , heart , vital parts ; and most dangerous breaches , underminings in their very foundations , which threaten present death , and suddain ruine to the whole body of our state , laws , nation , if not speedily healed , repaired with all possible care and diligence , by the most skillfall artists and philopaters , sufficiently qualified for such a desperate difficult publick cure , repair , and with sincere self-denying publick spirits , couragiously addressing themselves with all their skill , might , to this necessary heroick work . and withall observing , that there can be no health , ease , rest , quiet , but perpetual pain , languishing , consumption , torture , decay in the body politick of our nation , as in the body n●…tural , so long as there is any dislocation , fraction , convulsion , wound , malady in the bones , nerves , arteries , or chief parts and members thereof . and , then remembring that serious protestation , and solemn league and covenant , which i my self , ●…ll members of the late parliament , most persons in late power , and the generality of all the well-affected people , to publick laws , liberty , justice , religion , in our three kingdomes , 〈◊〉 long since took in the presence of the most high god , angels , and men with hands li●…ted●… up to heaven , and then subscribed with those hands ; that they shall with sincerity , reality , and constancy , in their several vocations , endeavour with their estates and lives , mutually to preserve the rights , privileges , laws and liberties of the parliaments and kingdomes of england , scotland , and ireland , &c. and in this common cause of liberty and peace of the kingdomes , assist , and defend all those that enter into this league and covenant , in the maintaining and pursuing ther●…of ; and not suffer themselves directly or indirectly , by whatsoever combination , perswasion , or terror to be divided or withdrawn from this blessed union , &c. but shall all the daies of their lives , zealously , and constantly continue therein against all opposition , and promote the same according to their power , &c. ( which solemn league and covenant i find subscribed in * print , by vvilliam lenthal speaker , robert nicholas , gilbert pickering , oliver cromwell , philip l. lisle , vvilliam ellis , oliver saint-john , miles corbet , john lisle , francis rous , nathaniel fyennes , edmund prideaux , john glynn , bulstrode vvhitelocke , edward montagu , and others in greatest present power and imployments , whom i desire now to remember , and perform the same effectually , as they shall answer the contrary at that great day , when the secrets of all hearts shall be disclosed , according to those their printed subscriptions thereof , for all the good ends therein prescribed . ) i●… thereupon apprehended i could not perform a more seasonable , acceptable , or beneficial service to my naaive country in pursuance of the protestation , ●…nd solemn league and covenant , ( lying still as sacred bonds upon my conscience , ) that to draw up this summary collection of the principal fundamental hereditary rights , liberties , properties of all english freemen , both in relation to their persons ; estates , and free-elections ( most mortally wounded , more dangerously under-mined , shaken , subverted by force and fraud of late years , since our parliamentary and military contests for their defence , to the vast effusion of our treasures and blood , ( by some who were most deeply engaged in their protection and preservation ) than in the very worst of former ages , under our late or antient kings , in every particular branch : ) and of the several memorable votes , resolutions , declarations , and acts of parliament , for their vindication and corroboration , in the happy parliament of 3 caroli ; ( remembred and ratified likewise , in the last parliament of king charles ) as the most soveraign balm , the most effectual materials prepared , applyed by the l●…arnedest , skilfullest , wisest state-physicians and builders in those parliaments , to heal and close up the mortal wounds , the perilous breaches , our late kings * jesuitical , arbitrary , tyrannical , ill-counsellors , and other viperous self-seeking projectors had formerly made in them , to the impoverishing , oppressing , enslaving of the people , and endangering the utter subversion both of our fundamental laws , liberties , properties , ●… government , parliaments , kingdomes , religion ; now in a more desperate deplorable condition than ever , unless speedily revived , by the fresh application of these healing cordials , reunited , repaired , supported with , these sementing ingredients by some expert , active chirurgians and master-builders , to whom i humbly recommend them ; as a brief corollary to the first and second part of my seasonable , legal and historical vindication and collection of the good old fundamental liberties , franchises , rights ; laws of all english freemen ; till god shall enable me to compleat the remaining parts thereof , in their chronological series of time ; the best legacy i can leave behind me to my native country , and the whole english nation , whose real liberty , vveal , tranquillity , prosperity , ( next to gods glory and the safety of our endangered church and religion ) hath been the sole scope , end , of this , and all other his publications ; who , though ingratefully , despitefully requited for most of them , would repute it his greatest infelicity to be enforced ( or hear other cordial state-physicians compelled ) now at last to say of england , as gods people once did of babylon , jer. 51. 8 , 9 , 10. babylon is suddenly fallen and destroyed , howle for her , take balm for her pain ; if so be she may be healed . vve would have healed babylon , but she is not healed ; forsake her , and let us go every one into his own country ; for her judgment reacheth unto heaven , ●… and is lifted up even to the skies . yet the lord hath brought forth our righteousnesse : as he hath ( maugre all enemies , oppositions , slanders ) the righteousnesse of him , who desires thy kind acceptation of this breviary , and prayers for gods blessing upon this , and all other his real endeavours for sick , desperately-wounded englands cure ; swainswick septemb. 6. 1656. william p●…nne . a summary collection of the principal fundamental rights , liberties , properties of all english-freemen , &c. the liberty of the subjects persons having in the three first years of our late king charles his reign been very much invaded , endangered , undermined , 1. by imprisonment of their persons , by the lords of the council , without any special legal cause assigned in the warrants for their commitment , but only the kings command ; 1. by honorable banishments upon pretence of forein imployments ; 3. by confinements to particular places ; 4. by remanding and not bayling them by the judges upon habeas corpora sued forth by them ; 5. by commissions for trials of souldiers and others for their live , by martial law , in times of peace , when other courts of justice were open ; and the like . the properties of their goods and estat●…s being likewise much encroached upon , and in a great measure subverted , 1 by forced loans and contributions . 2. by lieutenants and deputy-lieutenants exorbi●… powers , and new rates , taxes , imposed on , and forced from them , without grant in parliament , for billeting souldiers , and quartering souldiers in mens houses●… against their wills till they paid those rates . 3. by exacting tunnage , poundage , new customes , and impositions without special grant and act of parliament . 4. by an intended commission of excise , ( never put in execution ) and other particulars of like nature . and the liberty of their free-elections , much impeached by lieutenants , and others letters , menaces , summoning of trained bands to elections , and the like indirect courses . whereupon the parliament begun on monday , 17 martil , 3 caroli , in the year of our lord 1627 , to vindicate these their infringed liberties , properties , freedomes , and preserve them from future violations of this nature ; after many learned arguments by sir edward cook , mr. noy , mr. selden , mr. littleton , mr. masen , mr. creswel , mr. shervile , mr. sherland , mr. bancks , mr. rolls , mr. ball , with other lawyers , and able members of the commons house , passed their 〈◊〉 votes against them , nemine centradicente ; fit now to be revived , re-established , after more dangerous avowed publick violations of our hereditary fundamental liberties , properties , by the greatest pretended military and civil champions for , and patrons , assertors and protectors of them , than any in former ages , as the probablest means under god then , and now to cure the mortal distempers , and repair the sad divisions , 〈◊〉 , desolation of our land , (a) resolved upon the question . 1. that * no freemau ought to be committed , deteined in prison , or otherwise restrained by command of the king , or privy council , or any other , unless 〈◊〉 cause of the commitment , restraint or deteiner be expressed , for which by law he ought to be committed , deteined , or restrained . 2. that a writ of habeas corpus , may not be denied , but ought to be granted to every man , that is committed , or deteined in prison , or otherwise restrained , ●… although it be by command of the king or prioy councill , or any other , he praying the same . 3. that if a freeman be committed or deteined in prison , or otherwise 〈◊〉 by command of the king or privy council , or any other , no cause of such commitment , deteiner or restraint being expressed forthwith , for which by law he ought to be committed , restreined or detained , and the same being returned 〈◊〉 an habeas corpus granted for the same party , that then he ought to be delivered or bayled . 4. (b) that no freeman ought to be confined to his house , or any other place , by any commaud of the king or privy council , or any other , unless it be by * act of parliament , or by other due course , or warrant of law . 5. (c) that the commission for martial law , and all other of such nature , to be executed within the land at such times as were appointed by this commission , ( then questioned , to wit in times of peace , when the kings courts of law were open , and other legal trials might be had by juries in courts of iustice ) are against the law . 6. that † billetting and placing of souldiers or any other person in the house of any freeman , against his will , is against the law . 7. (d) that it is the * antient and undoubted right of every freeman , that he hath a full and absolute propriety in his goods , and estate ; and , that no taxes , tallages , loan , bonevolence , or other charge ought to be commanded , imposed , or levyed by the king or his ministers , without commou consent by act of parliament . all which votes were drawn up , and inserted into●… the petition of right , assented to by the lords , and at last by the king himself in his answer to that petition , as the antient fundamental rights and liberties of all english freemen . and therefore after all our late parliamentary and military contests , wars for their defence ; fit to be confirmed , ratified by all sorts of domestick waies and policies , by which the great charter was * antiently confirmed , and all violations of them exemplarily punished , without any further argument or debate , being indisputable principles and foundations , whereon all our liberties , properties , as english freemen , are bottomed . to which end i would advise that all civil and military officers whatsoever , as well supreme as subordinate ; all members of parliament , barresters , attornies , graduates in our universities , steward of leets and court barons throughout 〈◊〉 dominions , should from time to time , upon , and at their investitures into their several offices , trusts , or taking their degrees be corporally sworn to defend and maintain the great charter of england , the petition of right , and other fundamental lawes of this land ; together with the antient undoubted rights and liberties of our english parliaments , ( according to their late protestation , and solemn league and covenant ) and that all justices of 〈◊〉 , judges , and justices of the peace , should specially be sworn at every assizes and sessions of the peace in their respective circuits , counties , corporations ; and the justices of the kings bench every term , amongst other articles to the grand iury , to give them in charge upon their oaths , diligently to inquire of and present all offences , exactions , oppressions , taxes , imposts and 〈◊〉 whatsoever , against the great charter , the petition of right , and other good lawes for the preservation of the liberty , right , and property of the subject , by any person or persons ; to the end , that they may be exemplarily punished according to law , by fines , imprisonments or otherwise , as the●… quantity and quality of the offences deserve : it being the * advice , desire , proposition , and petition of the whole commons house first , and after of the lords and commons house joyntly to king charles in his last parliament ; to which he readily assented : though never since put into actual execution ; which is now most necessary to be effectually accomplished for the future , having been so long neglected . after these votes , and the petition of right passed , several impositions upon wines , currans , tobacco , beer , and the taking of tonnage and poundage without . act of parliament , being complained of , it was by special votes and declarations of the commons house , resolved and declared in the same parliament . 8. (e) that the receiving of tunnage and poundage , and other impositions not granted by parliament , it * a breach of the fundamental libberties of this 〈◊〉 ; and contrary to his majesties regal answer to the petition of right : and those declared publick enemies , who should thenceforth collect , or pay any customes , tunnage , poundage or imposts , not granted by act of parliament , which was since enacted and declared for law in the (f) two 〈◊〉 acts for tunnage and poundage , in the last parliament of king charles ; and all those in a premunire , and disablea to sue in any court of justice , who shall presume to levy the same without act of parliament . the case of all customers , excisemen and their instruments , at this present , fit to be made presidents in this kind for the terror of others . 9. a commission from the king under the great seal of england , directed to 33 lords and privy counsellors , dated the last of febr. 3 caroli , stiled , (g) a commission of excise , was complained of and brought into the commons house , and there read , which commanded them to 〈◊〉 〈◊〉 by impositions or otherwise , as they in their wisdoms should find convenient , for●… the safety and defence of the king , kingdom and people ; the kings protestant friends and allies ; which without hazard of all could admit no delay , the necessity being so inevitable , that form and circumstances must rather be dispensed with , than substance lost . injoyning the commissioners to be diligent in the service , as they tendred the safety of his majesty , and of his people , dominions and allies . this commission of excise by the unanimous vote and judgement of the lords and commons , was resolved to be against law , and contrary to the petition of right . and thereupon was cancelled ( as such ) in his majesties presence , by his own command , and was brought cancelled to the lords house by 〈◊〉 lord keeper , and by them afterwards sent to the commons : and the warrant with all 〈◊〉 of it were cancelled : and ordered by the commons , that the prejector of it should be found out and punished . which judgement (h) was thrice recited , confirmed , and insisted on by the lords and commons , ( and some in greatest present power ) the last parliament of king 〈◊〉 in printed speeches and declarations . and if this intended commission of excise , though never 〈◊〉 , was thus frequently damned as 〈◊〉 intollerable and monstrous grievance against our laws , properties , and the petition of right , how much more are all present orders , commissions , warrants for the actual imposing and levying all sorts of excises on such , without any act of 〈◊〉 ? x. the commons house in that parliament , upon solemn argument and debate , concluded ; that by the laws of th is realm , none of his majesties subjects ought to be impressed or compelled to goe forth of his county to serve as a souldier in the wars , except in case of necessity of the sudden comming in of strange enemies into the kingdom ; or except they 〈◊〉 otherwaies bound by the tenures of their lands or possessions ; nor 〈◊〉 sent out of the realm against his will upon any forein●… imployment , by way of an honorable banishment . which resolution in the last parliament of king charles was 〈◊〉 and declared to be the law of the land , and fundamental liberty of the subject , by the (i) act for impressing souldiers for ireland ; by two d clarations of the lords and commons against the commission of array ; and assented to by the king in his answer thereunto . all which unanimous votes , resolutions of both houses , having been 〈◊〉 ratified in two several parliaments in king charles his reign ( whereof some in present power were members , ) and enacted by several statutes , assented to by king charles himself ; it must needs be the extremity of impudency , tyranny , treachery , impiety , perjury , barbarism , for any who have formerly contested with him in our parliaments , or in the open field , for all or any of these premised fundamental rights and liberties of all english freemen ; and who vowed , protested , covenanted , remonstrated again and again before god and all the world , inviolably , faithfully , constantly to defend them with their lives and fortunes all their daies , in their several places and callings ; and who beheaded him as the greatest 〈◊〉 ( together with strafford and c 〈◊〉 ) for infringing them ; to oppose , contradict , violate 〈◊〉 infringe them all in a more transcendent publike manner , than he or his worst ministers formerly have done ; and now not really , chearfully to corroborate , defend , transmit them to posterity in full vigor , by all good wayes and corroborations that possibly can be devised , without the least opposition and dispute , to make the nation free , and their own posterity together with it . xi . after the petition of right had passed the commons house , and was transmitted to the lords ; the house of lords desired , that this clause might be added●… to the close thereof . we humbly present this petition to your majesty , not only with a care of preservation of our own liberties , but with a due regard to leave intire that soveraign power where : with your majesty is trusted , for the protection , safety , and happinesse of your people . the commons a●…ter a long and full debate , resolved , that this saving ou●…ht to be rejected , and by no means to be added to this petition ; though very specious in shew and words ; for that it would be destructive to the whole petition ; and would leave the subjects in farre worse condition than it found them . for whereas the petition recites , that by the great charter and other laws and statutes of this land , no loan , tax , tallage or other charge ought to be imposed on the subjects , or levyed , without common consent by act of parliament , nor any freeman of this realm imprisoned without cause shewed , nor any compelled to receive souldiers or mariners into their houses against their wills , nor any man adjudged to death by martial law , in times of peace , but only by the lawful trial of his 〈◊〉 , according to the established lawes and custom of the realm ; this addition would make the sense and construction thereof to be , that the king by his ordinary power and prerogative could impose no loan , tax , tallage , or other things upon his subjects without their common consent by act of parliament ; nor imprison any freeman , without cause shewed ; nor billet any souldiers or mariners in mens houses against their wills ; nor condemn nor execute any subject by martial law : but yet by his soveraign power , wherewith he is int●…usted for the protection , safety , and happinesse of his people , here left intirely to him , he may when he saw cause and necessity impose what loans , taxes , impositions and charges he pleased on his people , without common consent●… and act of parliament , imprison them without cause shewed , quarter mariners and souldiers in their houses against their wills , and condemn , execute them by martial law , upon this pretext , that it was for the protection , safety and happinesse of his people in general ; all which himself and his council , not the judges and our laws , must determine . and so this addition , if admitted , would quite overturn the petition it self , th●… great charter , and all other acts recited in it : and give an intimation to posterity , as if it were the opinion of the lords and commons in this parliament , that there is a trust reposed in the king upon some emergent cases and necessities , to lay aside as well the common law , as the great charter and other statutes , which declare and ratifie the subjects liberty and property , by his soveraign power . and so by consequence to enable him to alter the whole frame and fabri●…k of the commonwealth , and dissolve that government whereby this kingdom hath flourished for so many year ; under his majesties most royal predecessors . whereas in truth there is in the king no soveraign power or prerogative royal to enable him to dispute with , or take from his subjects that birthright and inheritance which they have in their liberties by virtue of the common law , and these statutes , which are meerly positive and declarative ; conferring or confirming ipso facto an inherent right and interest of liberty and freedom in the subjects of this realm , as a birthright and inheritance descended to them from their auncestors , and descendible to their heirs and posterity . but the soveraign power wherewith he is intrusted , is only for the protection , safety and happinesse of his people , in preserving this their inherent birthright and inheritance of liberty and freedom , and those lawes and statutes which ratifie and declare them . upon●… these and other reasons alleged by the commons , the lords after three large conferences agreed fully with the commons , and rejected this destructive 〈◊〉 to the petition of right ; which the lords and commons in their * declaration touching the commission of array , january 16. 1642. ( to which many now in power were parties ) recite , insist on and corroborated in parliament , as an undoubted truth . if then the king by his absolute soveraign power wherewith he was intrusted , could upon no emergent occasion or 〈◊〉 whatsoever , violate , elude , evade , subvert all or any of these fundamental laws , liberties , rights , and inheritances of the subject , by the joynt unanimous resolution of the lords and commons in these two parliaments of king charles ; much lesse then may any other person or persons , or new powers do it , who condemned him for a tyrant , and suppressed kingship as tyrannical , over . burdensome , dangerous to the peoples liberties , safety , prosperity , upon any real or pretended necessity or emergency whatsoever . much lesse may any true english parliament permit or enable them upon any pretence to do it in the least degree , to the prejudice of 〈◊〉 after so many publick parliamentary and military conflicts for these laws and liberties . the rather , because that our noble ancestors would admit no saving or addition to the great charter , or any 〈◊〉 for its confirmation , that might any wayes impeach their liberties , rights , or proprieties : and when king edward the 1. in the 28 year of his reign upon the petition of the lords and 〈◊〉 , granted a new confirmation of their charters , and in the * close thereof added this clause , salvo 〈◊〉 coronae regis : that the right and prerogative of his crown should be saved to him in all things ; ( which the lords most insisted on , to justify the forementioned rejected addition to the petition of right ) when it came to be proclamed in london , the people●… hearing this clause at the end thereof , added by the king ; fell into execration for that addition , and the great earls , who went away satisfied out of parliament , hearing thereof , went to the king and complained thereof , who promised to redress it ( as mr. selden then informed the commons house , out of a leiger book of that year , in the publike library of the vniversity of cambridge : whereupon in the statute de tallagio non concedendo , 34 e. 1. the king to please his discontented lords and commons , not only granted , that no tallage or ayd should be taken or levied by us or our heirs in our realm , without the good will and assent of the archbishop , bishops , 〈◊〉 , barons , knights , burgesses , and other freemen of the land , c. 1. but likewise added , c. 4. we will and grant for us and our heirs , that all clerks and lay-men of our lvnd , shall have their laws , liberties , and free customes , as they have used to have the same at any time , when they had them best . and if any statutes have been made by us or our ancestors , or any customs brought in contrary to them , we will and grant , that such 〈◊〉 of statutes and customs shall be void and frustrate for evermore : yea , king edward the 3. in pursuance thereof , in the parliament of 42 e. 3. c. 1. assented and accorded , that the great charter and charter of the forest , be holden and kept in all points : and if any statute be made to the contrary , that shall be holden for none . and 〈◊〉 . 3 , it is assented and accorded for the good government of the commons , that no man be put to answer without present 〈◊〉 before justices , or matter of record , or by due process , and writ original , according to the old law of the land . and if any thing from henceforth be done to the contrary , it shall be void in the law , and holden for errour . and therefore we all jointly and severally expect and claim the like declaration and resolution in all these particulars , being assented to by king charls himself in the petition●… of right , and by these antient warlike kings , and true english parliaments , from whose vigilancy , magninamity , unaminity , zeal , courage in defence of the●…e our fundamental charters , laws , rights , liberties , we should now be ashamed to degenerate , after so many years , wars , and vast expences for their preservation ; and all sacred solemn protestations , vows , leagues , covenants , declarations , remonstrances , and ordinances , engaging us , with our lives and fortunes constantly to defend them all the daies of our lives , against all oppositio●… . and if any who pretend to the name or power of a parliament , should now refuse or neglect to do their duties herein , they may justly expect to be had in perpetual detestation and execration both with god and all english freemen . xii . it was frequently averred , declared (k) by the commons in this parliament ; that the old custome and use of our parliaments constantly hath been , and ought to be , to debate , redress all publick grievances , and re-establish , secure their violated * great charter , laws , rights , and liberties , in the first place of all , before they debated , or granted any aides , or subsidies demanded of them , ( shough never so pressing , or necessary ) it be●…ng both dangerous , imprudent , and a breach of their trusts towards the people who elected them , to play an after-game for their liberties , laws , and grievances , which would never be effectually redressed after subsidies once granted . , vvhereupon they refused to pass the bill of subsidies then granted till the petition of right was fi●…st assented unto , enrolled , and their grievances , redressed by the king . xiii . they cast sir edmund sawyer , a member of the commons house , out of it , upon solemn debate ; (l) committed him prisoner to the tower , and perpetually disabled him to serve in parliament for the future , for having a chief hand in making a book of rates , for tunnage and poundag , and laying imposiiont●… on the subject , in nature of a projector , without grant or act of parliament . and likewise suspended mr. john baber ( then recorder and burgesse of welle ) only for making a warrant to billet souldiers , on some , of the townsmen , against the law , and subjects liberty , out of of fear . resolving , that all projectors and promoters of illegal impositions , taxes , 〈◊〉 , projects out of base fear , ( which mr. baber ) or by regal ' command ( which sir edmund sawyer pleaded for his excuse ) were unfit to sit or vote in any english parliament , and fit to be turned out thence by judicial sentence , with greatest insamy . and whether any such be fit to be members at any other season , let those whom it concerns determine . xiv . in this parliament of 3 car●…li the (a) speaker in the close of his first speech to the king ( according to (b) usual custome in former ages ) prayed 3 privileges in behalf of every member of the commons house ; the first whereof was , that for the better attending the publick and important services of the house , all and every member thereof , and their necessary attendants may be free both in person and in goods from all arrests and troubles , according to their antient privileges and immunities : which the king then readily granted them all , according to the true rights and privileges of parliament : by the mouth of the lord keeper . (c) after which sir edward cook ( arguing against the king and his councils power , to commit men only by special command , without any legal cause expressed in the warrant . in the house used this expression . this concerneth not only the commonalty , but the lords , and therefore it deserveth to be spoken of in parliament , because this might dissolve the parliament and this house : for we may be then all one after another thus committed , 31 h. 6. rot . parl. n. 26 , 27. (d) no member of parliament can be arrested but for felony , treason , or peace : and all here may be committed ( under thefe pretences ) and then where is the parliament ? surely the lord●… will be glad of this , i●… concerns them as well as us . (e) not long after the common house being informed , that sir robert sta●…hop a member there of was committed by the lords of the council ; thereupon the house , ( in whose power it was , either to send an habeas corpus , or their sergeant with his mace , for any member committed , as was resolved the last parliament before this , together with the cause thereof ) ordered ; that their sergeant should go with his mace , and bring sir robert stanhop , with his keeper , and the warraut for his commitment , into the house , the next morning they sate . who accordingly brought him , with the marshal of the houshold , and the warrant , wherein it was declared , that his commitment was , by the lords of the council , for breach of the peace , and refusing to give suretiet for the peace : upon a challenge and a duel , intended by him , as the truth of the case appeared . whereupon the house were of opinion ; that standing committed for his real breach of the peace , and refusing to give sureties , he could not have his privileges , without giving good security in the kings bench to keep the peace ' . and mr. ●…anshaw alleging that in such caf●…s some members by order of the house had entred into recognizances in the kings bench in former times , to keep the pe●…ce , a committee was ordered to search out the presidents , and consider of the case . but the quarrel being soon after taken up , thereupon the lords released sir robert without sureties , to attend the service of the house . on the 28 of april 1627 sir simon steward a member of the commons house , being served with a sub poena ad audiendum judicium out of the star-chamber , at the su●…e of the kings attor●…y , upon a bill there exhibited against him , for sundry misdemeanours ; complained thereof to the house , and shewed that he had been●… inticed to enter into a bond and recognizance of 500 l. not to claim any privilege of parliament . the house upon solemn debate hereof , april 20. resolved , that sir simon , notwithstanding this bond and recognizance , should have his privilege allowed him ; because he was elected by , and served for others , and could not make a proxy ; and because else the house might thereby be deprived of his attendance by his censure : yea this recognisance , with the condition thereof ( not to claim his privilege ) were held to be void and against the law : and by order of the house , the p●…rty who served the subpoena on sir simon steward , was sent for as a delinquent ; and sir simon commanded to attend the service of the house , and not the hearing of the cause . vpon this , on the 10th of may , the inhabitants of the isle of ely exhibited a petition against sir simon to the house , complaining , that they had exhibited an information against him in starchamber , for taking bribes about pressing of souldiers as a deputy lieutenant , and defrauding the country about the kings composition ; which cause was ready for hearing ; petitioning the house , that he might wave his privilege , having en●…red into a bond of 500 l. not to claim it . but it was resolved upon debate , that the commons house was judge of any offence done by the members of it . and thereupon ordered , that a committee should examine the witnesses and other proofs of the charge against him ; and so this house to proceed to judgement against him : which was done accordingly . to these cases of privilege in the commons house , i shall adde another memorable one in the lords house , in the second parliament of king charls . the king sitting that parliament , committed the earl of arundel to the tower , without leave of the house , or acquainting the lords with the cause thereof . whereupon , may 25. 1626. the lords drew up and sent this remonstrance and petition to the king , entred in their journal on record . the humble remonstrance and petition of the peers . may it please your majesty , we the peers of this your realm now assembled in parliament , finding the earl of arundel absent from his place amongst us , his presence was therefore called for . but thereupon a message was delivered us from your majesty by the lord keeper , that the earl of arundell was restrained for a misdemeanour which was personal to your majesty , and lay in the proper knowledge of your majesty , and had no relation to matter of parliament . the message occasioned us to inquire into the acts of our ancestors , and what in like cases they had done ; that so we might not erre in a dutifull respect to your majesty , and yet preserve our right and privilege of parliament . and after diligent search made , both of all stories , statutes and records , that might inform us in this case , we find it to be an undoubted right and constant privilege of parliament , that no lord of parliament , sitting the parliament , or within the usual times of privilege of parliament is to be imprisoned or restrained ( without sentence or order of the house ) unless it be for treason or felony , or for refusing to give surety for the peace . and to satisfie our selves the better , we have heard all that could be alleged by your majesties learned counsel at law , that might any way infringe or weaken this claim of the peers : and to all that can be shewed or alleged , so full satisfaction hath been given , as that all the peers in parliament upon the question made of this privilege , hath una voce consented , that this is the undoubted right of the peers , and hath inviolably béen enjoyed by them . wherefore we your majesties loyal subjects and●… humble servants , the whole body of the peers now in parliament assembled , most humbly beseech your majesty , that the earl of aruudel ( a member of this body ) may presently be admitted by your gracious favour , ●…o come sit and serve your majesty and the commonwealth in the great affairs of this parliament . and we shall pray , &c. vpon this remonstrance and petition sent to the king , the * peers presently adjourned their house till the next morning , by which time they expected the earls release ; but not finding him enlarged , the next day may 26. they presently adjourned their house till the 2. of june , refusing to sit , and resolving not to act any thing till the earl wa●… released to sit among them , or the particular cause of his commitment and seclusion declared to them , that they might judge of its legality . whereupon the king was inforced to release him to satisfie the lords house : in imitation whereof the (f) whole house of commons the last parliament of king charls , upon the kings comming into the house to demand the 5 members he had impeached of high treason , january 4. 1641. ( which they voted , to be an high breach of the rights and privilege of parliament , and inconsistent with the freedom and liberty thereof ) presently adjourned it self , and so did the house of peers too ( upon his demand of the lord of kimbolton ) refusing to sit as an house , but only as a committee in lo●…don , for certain dayes , till this breach of their privilages was repaired , and their 〈◊〉 restored , vindicated , cleared by the king ; who released all further prosecution against them . from which presidents in these parliaments of king charles , it is observable 1. that it is an antient and undoubted privilege and●… right of all and every mrmber of parliament , as well commoner , as peer , ( as likewise of their necessary servants and attendants ) to be free from all arrests , imprisonments and restaints whatsoever by the king , council , o●… any others , except only in cases of treason , felony , and breach surety of the peace : which was then cleared by 5 h. 4. n. 39. 5 h. 4. c. 6. 8 h. 6. n. 57. 31 h. 6. n. 25 , 26 , 27 , 28. 39 h 6. n. 9. 7 e. 4. n. 36. 4 h. 8. c. 6. 3 iacobi , the baron of wal●…ons case , and sir george ha 〈…〉 case ●…caroli , to which the presidents printed in sir edward cooks 4 institutes p. 24 , 25. and the statute of 8 h. 6. c. 1. may be added ; which declares , that the great men and commonally of the realm of englaud called or to be called to the kings parliament , do enjoy , and were wont to enjoy , and in time to come ought to enjoy , this liberty or defence in coming , tarrying , and retorning , not to be arrested , molested , or inquieted ; and gi●…es the same liberty to the clergy called to the convocation by the kings writs , and to their servants and families . therefore the arresting , imprisoning , secluding , molesting of any members of late or present times by the army officers or others , is a most apparent breach of this antient privilege , worthy the severest penalties , and speedy reformation . 2. that the ground and only reason of this privilege is , that all & every member summoned to , or elected and returned to serve in parliament , might duly , freely , and diligently attend his publike trust and service in the parl. without molestation , restraint , seclusion or disturbance : ( as these presidents , statutes , and records resolve : ) which all and every of them are bound to doe , under pain of being amerced , sined , and otherwayes punished , and of losing their wages besides ; as is clear by the statute of 5 r. 2. parl. 2. c. 4. the king doth will and command , and it is assented in the parliament by the prelates , lords and commons , that all and singular●… persons and commonalties , which from henceforth shall have the summons of parliament , shall come from henceforth to the parliament in the manner as they be bounden to doe , and have been accstomed within the realm of england of old times . and every person of the same realm which from henceforth shall have the said summons , ( be he archbishop , bishop , abbot , prior , duke , earl , baron , baneret , knight of the shire , citizen of city , burgesse of borough , or other singular pers●…n or comminalty ) which doth absent himself , or come not at the said summons , ( except he may reasonably and honestly exc●…se himself to our lord the king ) shall be amerced and otherwise punished , as of old times hath used to be done within the said realm , in the said case , &c. as likewise by the statutes of 1 h. 5. c. 1. 32 ●… . 6. c. 15. 9 h. 8. c. 16. the act for triennial 〈◊〉 , 16 caroli , 31 h. 6. n. 45 , 46. 8 martii 23 〈◊〉 . cooks 4 institutes , p. 1 , 2 , 4 , 9 , 10 , 15 , 17 , 23 24 , 35 , 42 to 50 , and my plea for the lords , which you may consult at leisure . therefore no member duly summoned or elected , may or ought to be arrested , secluded , or suspended the parliament by any persons or powers whatsoever , upon any pretext or new devised instrument , but only by the house and parliament it self , without the highest injustice , affront to the parli●…ment , member , and the people who elect him . 3. that the parliament alone during its sitting , and no other person or powers whatsoever , is and ought to b●… the sole iudge of the due elections , offences , fi●…nesse , ejection , seclusion , suspension , imprisonment of the members of parliament . and that no member in cases of treason , felony , or breach of peace , ought to be taken away or detained from the service of the house whereof he is a member , until that house hath satisfaction concerning the truth of the fact , and grounds of the accusation ; ●… which it is bound to examine , and then to proceed against him , themselves , if it be proper for the parliament , or to suffer him after to be proceeded against elsewhere , as resolved in the presidents of sir edmund sawyer , mr. baber , sir simon steward , sir robert stanhop , the earl of arundel , the lord of kinbolton , and 5 ●…mpeached members , forecited of late : by sundry antient presidents in my plea for the lords , p. 33 to 54. my ardua regni , and levellers levelled , cooks 4 inst●…tutes , p. 23 , 24 , &c. and ●…xpresly declared by the lords and commons , in their printed declaration , octob. 23. and remonstrance novemb. 2. 1●…42 . exact collection p. 655 , 657 , 723 , 724 , 726 , 727. wherefore for any persons or powers out of parliament to arrest , o seclude any member duly summoned or elected by the people ( especially without , before , or against the judgement of the parliament , or withont rendring any reason thereof to the parliament and people who elect them ) is the highest usurpation over , and affront to the soveraign jurisdiction of parliaments , that possibly can be devised , yea an erection of a supream new power , both over parliaments themselves , and their members ; and great injustice to the people , lately (g) voted the soveraign power , and only fountain of all lawfull authority in the nation . 4. that the parliaments of england in all former ages , have been very diligent , vigilant , zealous , resolute , couragious in maintaining these their antient undoubted privileges of their members , and the houses of parliament , against the least incroachment or violation ; not suffering so much as one or two of their members at any time ( especially in the parliaments of king charles ) to be imprisoned , or restrained from the parliament , for any real ar pretended causes , without present demanding of him , or them , and examining the grounds of their restraints , adjorning their houses , and refusing to sit or act til●● till their members were restored , righted , and their privileges repaired ; and that upon these four grounds , worthy special observation . 1. because our parliaments in former times , were constantly adjourned from the day of their first appearance , till a further time , when any of the lords , knights and burgesses , by reason of shortness of time , other publike imployments , or default of the sheriffs returns , were absent , and did not appear , to make up a full parliament upon the first day of the summons ; which i have proved by 30 parliaments , presidents and records (h) elsewhere cited ) in the reignes of king henry 3. edward the 3. richard 3. and henry the 4th , ( to which some others might be added ) to prevent the danger of acting any thing in a thin or packed house . 2. because the undue seclusion of any members duly elected by force or combination , ( especially when others unduly , or not at all elected by the people , were returned and admitted as members ) hath nullified , ma●…e void and rep●…aled all the acts and proceedings of former parliaments , thus fraudulently packed for sinister private ends ; as being no parliaments at all in law or truth , but a packed , conventicle and confederacy ; as the printed statutes of 21 r. 2. c. 12. ●… h. 4. c. 3. and rot. parl. 1 h. 4. n. 22 , 23. 38. 48. 66. 70. 38 h. 6. n. 35. 39 h. 6. c. 1. 17 e. 4. c. 7. and the statutes of 10 h. 7. c. 23. made in ireland , will resolve the perusers of them , being over-tedious to transcribe . 3. because else the king and his council , or others might as well summon what nobles , counties , cities , boroughs they pleased to the parliament , and omit whom else they pleased out of the summons , without any writs directed to them ; and seclude or admit whom they pleased , when summoned , elected , returned to serve in parliament ; contrary to the (i) great charter of king john , and the statute of 5 r. 2. c. 4 . ●… which expresly prov●…de , that all the 〈◊〉 , citizens b●…gesses , 〈◊〉 and 〈◊〉 shall be summon●… to every parliament . and if any sheriff of the realm be from henceforth negligent in making his returns o●… writs of the parliament , or that he leave out of the said returns any cities or boroughs which be bound , or were of old time wont to come to the parliament , he shall be 〈◊〉 or otherwise punish●…d , i●… the mann●…r as was accustomed to be done in the said cas●… i●… im●…s past . they being all to be summoned as formerly , ex debito justiciae , as sir edward cook resolves in his 4th institutes , p. 1. printed by the common●… house speci●…l order : else the parliament will be void and null , as the statute of 10 h. 7. ●… . a 3. for ireland declares , resolving the patent of drogheda to be void , upon this reason . 4. because ( as both houses of parliament resolved in their ( k ) declaration of october 23. and remonstrance . novemb. ●… . 1642. published in print to all out 3. kingdom●… and the world , ( penned and assented to by some grande●…s in present power ) 〈◊〉 king or ●…ny prevailing party whatsoever might else at any tim●… secludo and pull out of the house of parliament all such members as they sound 〈◊〉 and opposite to their 〈◊〉 ; mak●… whom and how many members they pleased a major part , to carry on t●…eir designes , and thereby destroy the whole body of the parliament by pulling out the principal members , and pull up their privileges by the roots . a treachery , injury , innovation , not to be tollerated or connived at in the least degree , after so many protestations , vowes , solemn leagues , coven●… , declaratio●… , remonstrances , both by the parliament and army , and so many years bloudy wars , for defen●… of the rights and privileges of parliament . i shall therefore close up this particular with the memorable words of lord●… and commons forenamed remonstra●… , which i desire all swordmen , the whole nation , and those especially who were then members , to take special noti●…e of . (l) this privilege of the members seclusion from the house , and arrests ( fore mentioned ) is so clear and essential a privilege of parliament , that the whole freedome of parliament depends upon it . for who sees not , that by this means under false pretences of crimes and accusations , such and so many m●…mbers of both or either house may be take●… out of it at any time , by any persons to serve a torn , and to make a major part o●… whom they will at pleasure . and therefore as the freedom of the parliament dependeth in a great part upon this privilege , and the freedome of this nation upon the freedome of parliaments ; we have good ●…ause to believe , that the people of england , knowing that their lives and fortunes are bound up in this b●…ndle , will venture their lives and fortunes in this quarr●…l , accursed , and for ever exe●…rated then let all those sword-men and innovators be , who by any matchiavilian policie●… , eugines , or instruments whatsoev●…r , shall endeavour to deprive the parliaments and people of england , of thi●… their antient ess●…ntial privilege and freedom●… ; or necessitate them once again to venture their lives or fortunes in this quarrel , to maintain or regain the same by a new war or insurrection , against the imprisoners or secluders os any of their duly elected and best respected publick trustees out of our parliaments in time to come ( as they have oft times done for some years by-past ) ●…o the subversion of parliaments and peoples general affront and discontent . to prevent which danger , i could heartily wish , that a free legal english parliament might be duly summoned , either by the peers of the realm , or by the freeholders , freemen , and burgesses of every county , city , and borough , in their default , a●…ording to the late act for tri●…nial parliaments , yet in force ( to which many●… in present power were assenting ) to redress all high violations of our parliaments just rights and privileges , and prevent the like for the future , reform all publick grievances , remove all unrighteous oppressions , compose our manifold sad divisions , schismes , fractions both in church and state , and settle our three distracted kingdoms in such unity , peace , prosperity , after all our destructive wars , as all good men long , pray for , and none but traytors , or professed enemies to our tranquillity and welfare , can or dare oppose . 15. the whole house of commons ( m ) impeached , and the lords house judicially sentenced dr. manw●…ring ( then a member of the convocation ) for preaching before the king , and publishing in print in two sermons , intituled religion and allegiance , contrary to the laws and statutes of this realm , and propriety of the subject , 1. that the king is not bouud to keep and observe the good laws and customes of the realm , concerning the rights and liberties of the subject , who undoubtedly inherit this right and liberty not to be compelled to contribute any tax , tallage , aid , or to make any loans , not set or imposed by common consent , by act of parliament : and that his royal will and command in imposing loans , taxes , and other aids without common consent in parliament , doth so far bind the conscience of the subje of this realm , that they cannot refuse the same without pe●…il of damnation . 2. that those his majesties subjects who refused the loan imposed on them , did therein offend against the law of god , against his majesties supream authority : and by so doing became guilty of impiety , disloyalty , rebellion , disobedience , and lyable to many other taxes and censures . 3. that authority of parliament is not necessary●… for raising of aids and subsidies , that the slow proceedings of such assemblies are not fit for the supply of the urgent necessities of the state , but rather apt to produce sundry impediments to the just designs of princes : and to give them occasion of displeasure or discontent . for which sermons and positioris the lords house adjudged , 1. that this dr. manwaring ( notwithstanding his humble petitions , and craving pardon for these offences ) shall be imprisoned during the pleasure of the house . 2. that he be fined 1000 l. to the king. 3. that he shall make such a submission and acknowledgement of his offences , as shall be set down by a committe in writing , both at the lords bar and in the house of commons ( which he accordingly made . ) 4. that he shall be suspended for the time of three years from the exercise of the ministry . 5. that he shall be for ever disabled to preach at the court hereafter . 6. that he shall be disabled hereafter to have any ecclesiastical dignity or secular office . 7. that the same book is worthy to be burnt , and that for the better effecting thereof , his majesty may be moved , to grant a proclamation to call in the said books , that they may be burnt accordingly in london , and both universities , and for inhibiting the printing hereof upon a great penal●…y . which was done accordingly . whether some late court-chaplaint , or parasites have not incurred the like offences , and demerit not as severe a censure as he , for some sermons , and printed pamphlets , * instrurnents of like nature ; is worthy the consideration of the next publike assembly , and future english parliaments . xv . the (n) house of commons sent for , and committed mr. laughton , and mr john trelawny , to the tower , and sir william wray , and mr. edward trelawny , to the sergeant at arms , during the houses pleasure , and ordered them to make a recognition of their●… offences at the assises in cornwal for interrupting the freedomes of elections in that coun●…y ; for that some of them being deputy-lieutenants , and others of them justices of peace of the county of co●…nwal , writ letters to this effect . whereas the safety of the realm depends upon the parliament , we the deputy-lieutenants and justices to whose care the county is committed , finding a. and b. fit persons , have desired them to stand to be knights , whereof we give you notice ; and advising sir john eliot and mr. cariton to desist , that they wished them not to be chosen , and menacing them in this manner , but if you go on , we will oppose you by all means , lest his majesty suspect our fidelity ; since you know how gracious you are to his majesty , and how many waies he hath expressed his displeasure against you . and his majesty will conceive your election to be an affront to his service , and so we shall draw the displeasure of the king on us our hope is that you out of conscience and loyalty will not seek this place ; and we let you know , that if yo●… do , we will oppose you all we can , &c. and writing letters to others of the county to this effect . whereas unquiet spirits seek their own ends , we desire men of moderation may be chosen , and we desire you to give your voito a. and b , &c. and for that besides these letters , they warned the trained band to attend the day of the election . by which letters , menaces , and practices they were voted guilty , as practising to pervert the freedome of the election of the knights of that county ; and thereupon thus censured by the house . on the 38 of the same may 1628. sir john eliot reported from the committee sundry complaiuts against the lord mohun , vice-warden of the stanneries in cornwal , by the tinners of that county , whereof this was one , that the tinners in cornwal , have time out of mind used to elect a parliament of tinners , so often as there is occasion , ●… su●…moned ●…ver in this manner . the lord warden of the stanneries grants his commission to the vice-warden , who thereupon directs sommons to the 4 maiors of the 4 divisions of the stanneries , appointing them to elect within every division , 6 tinners to be elected by the maior and his corporation ; and so the parties elected are returned to serve in their parliment . that the lord mohun being vice-warden at christmas then last past , sent his warrant to the 4 maiors , commanding them to elect such and such persons by name to be tinners for the parliament . the maiors obeyed , and summoned the ●…en , who met the 4th of january last . upon the meeting , the tinners questioned the lawfulnesse of that parliament . first , because there was no commission ( from the lord warden , but only a letter ) and that for a meeting only to confer . 2. for that the election was not free and due . vvhereupon that parliament was dissolved as void . upon which the lord mohun the 5 of february , sent out new s●…mmons to the maiors , that they should reassemble such and such persons as he named in his warrant ; who meeting together , he perswaded fourteen of them ( against the protestation of the other ten ) to impose the sum of 500 l. upon the tinners , towards the maintenance of their liberties , as he pretended ; and sent forth his warrants to collect the money sitting this parliament . vvhich the tinners complained of in parliament , as a great grievance and impeachment of their privilege , and freedom of their elections and parliaments ; and was so voted by the commons house , and the lord mehu●… thereupon summoned to answer the charge . whether the fredom of many late elections of members for this assemblie in counties and burroughs , hath not been perverted , hindered , abolished , by like letters , menaces from whitehall , major generals , captains , other grandees ; by drawing up troops of armed souldiers to the places of election to terrifie the people , enjoyning●… joining such and such persons by prescribed lists , letters , and otherwise to be chosen , such and such to be opposed and not elected , as being persons disaffected , turbulent , unquiet spirits , &c. and other indirect practices ; ( to make up a packed court-coventicle , to carry on private designs , instead of a new free state parliment ) is worthy the inquiry and censure of those whom it most concerns ; to preserve and vindicate the free-dome of elections , long since established , against such practices , menaces , force and terror , by the statute of 3 e. 1. c. 5. which enacts * because elections ought to be free , the king commanded upon great forfeiture , that no great man , n●…r othe●… , by force of arms , or by malice or m●…nacing , shall disturb any to make free election . for violating which law , and antient custome , the whole p●…rliament of 1 h. 4. rot : parliamenti , nu : 36. thus impeached king richard the 2. when they enforced him to resign his crown , for his misgovernment in this particular amongst others . that although by the statute and custome of his realm , in the assembling of every parliament , h●…s people in all counties of his realm , ought to be free , to choose and depute knights for the said counties to be present in parliament , and to declare their grievances , and to prosecute remedies thereupon , as it should s●…m expedient to them ; yet the said king , that he might be able in his parliaments more freely to obtain the effect of his rash will , frequently directed his mandates to his sheriffs , to cause certain persons nominated by the king himself , as knights of the county , to come unto his parliaments . which knights verily favouring the king he migh●… easily induce , as he frequently did ; sometimes by diven menaces and tenors , and sometimes by gifts , to consent to those things which were prejudicial to the realm , and very burdensome to the people , and specially to grant to the said king a subsidy for certain●… years , to the over great oppression of his people . which misdemeanour and incroachment upon the freedom of his subjects elections , and packing of parliaments for these ends , lost him not only his peoples hearts , but his very crown , regal power and life . which others who now tread in his footsteps , and exceed him herein , may do well , advisedly to consider , for fear of the like impeachment , and tragical events . in 11 r. 2. rot. claus. dors . 13. the king sent writs to the sheriffs of ke●…t , and all other sheriffs to summon a parliament , with this new unusual clause , by reason of the differences between the king and his nobles . eligere homines in debatis modernis maxime indifferentes . but this being a novelty , ( contrary to the freedom of elections , and the statute of 3 e. 1. c. 5. ) & contra formam electionis antiquitus 〈◊〉 , et contra libertatem dominorum et communitatis regni hactenus obtentam . ideo , therefore this clause was struck out of the writs , by order of parliament ever since . and that parliament was afterwards repealed , by the parliament of 21 r. 2. when the parliament of 6 h. 4. anno 1404. was to be summoned , the king by pretext of an ordinance of 45 e. 3. rot . parl. n. 13. wrote letters to the sheriffs and other officers ; * that no lawyer should be chosen or returned a knight or burgesse for the parliament , yet inserted it not into the writ , as walsingham and others mistake . but the very next parliament after , 7 h. 4. the commons grievously complained against the interruption of the freedom of their elections by these letters ; whereupon , to prevent the like incroachment and int●…rruption for the future , at the grievous complaint of the commons , of the undue election of the knights of the co●…ties for the parliament , which be sometimes made at the affections of sheriffs and otherwise , against the form of the writs , to the great slauder●… of the counties , and hinderance of the businesse of the comminalty in the said county ; it was ordained and establishid * by a special act yet in force ; that all that attend to the election of the knig●…ts in the full county , shall proceed to the election freely and indifferently , notwithstanding any request or commandement to the contrary . by vertue of which acts and premises all late letters to major generals and sheriffs with like or worser clauses to restrein the people in the freedom of their elections , must be void and illegal . in 18 h. 6. n. 18. a new election and writ was awarded and sent to th●… sheriff of cambridge , with proclamation , that none should assemble with names to the new election , nor intermeddle in it without warrant of law , the former election being vacated by reason of the force and disturbance . anno 38 h. 6. there was a parliament summoned at coventry on the 2. of november , wherein divers knights and burgesses were returned by the sheriffs , nominated onely by the kings letters ( surreptitiously procured from him by divers seditious and other evil disposed persons , to destroy and suppresse others of a contrary party ) without any election by the people : this packed parliament ordered , that they should stand and serve as knights and burgesses , though they were not elected nor duly chosen , and that the sheriffs should not incurre the penalties of the stacu●…e of 23 h. 3. c. 11. as appears by 38 h. 6. n. 35. and the statute of 39 h. 6. c. 1. but what was the issue ? the very next year a new parliament being summoned , the first act they made , was , to declare this parliament , and all acts , statutes and ordinances made therein , to be null and void , and of no force and effect : because it was unduly summoned , a great part of the knights for divers counties of this realm , and many burgesses and citizens for divers boroughs and cities in the same appearing , were named , returned and accepted , some of them without due and frée●… election , some of them without any election , against the course of the kings laws , and the liberties of the commons of the realm ; by the means and labours of the said seditious persons , &c. as the statute of 39 h. 3. c. 1. ( worthy perusal and consideration of this next assembly ) resolves in positive termes , though not one of those then duely elected by the people was secluded . which i desire all our ignorant violent swordmen , young statesmen , and instrument-makers to take notice of , for fear all their conventions , acts and proceedings prove meer nullities in conclusion , upon this account of unfree and undue elections , and seclusions of members duly elected , against law , and the parliaments , peoples rights and privileges . 16. in this parliament of * 3 caroli , the attornies of york complained to the commons house , that king charles in the second year of his reign had granted to sir thomas mounson by patent , the sole making of all bills , declarations , and informations before the counsel of york , and like wise the sole making of letters missives and processe in that court for 3. lives . the committee of grievanc●… , and after that the whole house of commons in the parliament of 18 iacobi , and after that in the parliament of 19 iacobi 29 novemb. adjudged the like patent as this made by king iames to john lep●…on 4 iacobi of this office , to be a grievance and monopoly , both in the creation and execution . and the whole committee of grievances , and commons house upon the report and full debate of this patent to sir thomas mounson , adjudged it likewise to be a grievance , both in the creation and execution , in respect of bils , declarations , and informations ; though not in respect of letters and processe ; the sole making whereof the king might lawfully grant upon the erecting of this court by a special patent , but being mixed with bills , declarations and informations in the same patent , they adjudged the whole patent to be a grievance , ( as they likewise resoved the earl of holland his patent of exchange , for the sole buying of gold and silver , to be a monopoly and grievance , both in the creation and ex●…ion , june 23. 1628. ) and that principally for 3 reasons . first , because it was a * monopoly within the statute of 21 jacobi , tending to the prejudice of the attornies of york in their very profession of making bils , declarations & informations , which they antiently made ; and likewise of the people , who must dance attendance on this sole secretary and his clerk , til they were at leisure to dispatch their bils and declarations . 2ly , because upon the making of bils and declarations men must shew their evidences to this patentee and his clerks , and trust them with them , as in cross bils they must see the evidences of both parties , which would be very mischievous and prejudicial to the clients . 3ly , because this would erect a new fee , and bring a new charge upon the people : which fee lepton took for the execution of his patent , though mounson had not yet taken any new fee . and whether the old court project ( which i formerly twice quashed ) now about to be revived , as i hear , of erecting registers in every county , to record all morgages , feoffments , l●…ases , sales of lands , statutes , fines and obligations made therein , to prevent fraudulent conveyances , and other mischiefes , as the projectors pretended ; but in truth to put a new charge , 〈◊〉 , and intollerable vexation upon all sorts of people , to their intollerable prejudice , and vast expence os many thousand pounds a year for fees , and travelling charges , which these projectors only aim at for their private lucre , and to discover all mens real and personal estates ( as king richard the first , and his successors did the english jews estates and wealth , by the self same device , and then seised and confiscated them at their pleasures ; as you may read at large in the first and second part of my s●…ort 〈◊〉 to the i●…ws long discontinued bar●…d remitter into●… englaud , ) will not prove a greater grieviance than this patent , for the self same reasons , and sundry others . whether the committee for sole approbation of ministers to livings , who must all post up to london , and there dance attendance sundry weeks or months to their vast expence ; and ost times return at last with●…t their expected preferments , without any sufficient cause alleged either to their patrons or themselves , being held fit for other livings , but not for those to which they are presented especially if benefices of good value or note , to which some of the approvers their friends or kinred have an eye ) . and the new fees there paid to their clark and register for approbations and admissions , be not as great a grievance and monopoly , as this of lepton and mounson , fit to be redressed ; i refer to the approaching as●…emblie , and others to resolve , upon full debate , and sundry complaints i have heard made by divers against their proceedings , and new erected fees ; which cannot be created but by act of parliament , as is resolved 13 h. 4. 14 brook patents 100. fi●…zh . nat. brev. f. 122. cook 11 report . darcies case sol . 86. b. 17. they appointed a * special committee to hear , examine , report , punish the manifold complaints of the ●…ounties , and corporations of england , against the new exorbitant power and proceedings of l●…enants and depu●…y-lieutenant , in quartering souldiers in mens houses against their wills , in imposing rates and taxes on the country without act of parliament for the payment and bi●…ing of souldiers , and levying them by souldiers on such as refused to pay them , by quartering souldiers upon ●…hem till paid , or imprisoning , or v●…xing the refusers . for which these lieutenants , deputy-lieutenants , and officers of the souldiers were sent for as delinquents , and their new power and proceedings voted to be contrary to law , and the subjects liberties , p●…icious to the country , and dishonorable to the●… king . and whether the late erected new powers of our major generals , and their deputies throughout england be not such ( in imita●…on of (o) wil. longcham ) the first protector in the reign of richard the first , who placed in every county armed troops of mercinary souldiers , under new governors of his own creatures , to over-awe and enslave the people , and impose what taxes and exactions he pleased , under pretext of preserving the publick peace , and suppressing theevs and tumults , yet was sham●…lly stript of all his authority , and forced to flye over sea , disguised in womens apparel , within one year after , not withstanding all his guards , or gar●…isons ; or of the (p) turkish 〈◊〉 , and beglerbegs , as most patriots of thei●… countries freedome , and the ordinary people mutter ) and their exorbitant tyrannical proceedings in apprehending , taxing , decimating , dis-officing , dis-franchising , and sequeltring all sorts of men in counties and corporations at their pleasure ; in controuling all officers and ministers of justice ; in intermedling with all mensutes and causes upon any informations , or petitions , after judgements , verdicts , decrees , and whiles pending or ended in any courts of law or equity ; in summoning the parties to appear , before them , and committing , menacing them for not appearing ; in usurping all the civil as well as military power and jurisdiction into their own hands ; in levying illegal taxes by souldiers , and quartering them upon refusers , ( adjudged high treason in straffords case , for which he lost his head ) sequestring ministers at their pleasures , and taking upon them to nominate all iurymen , and new parliament men to the sheriff , as some of them have done , and commit men to prison upon civil causes or sutes ; i leave to all such who have taken the protestation , the solemn league and covenant , to all lovers , patrons of english liberties , and declamers , engagers against arbitrary tyranny , yea to●… the consciences of all those army officers , sculdiers , and major generals themselves to resolve , who were penners , subscribers , approvers , applauders of , or assenters to the printed engagements , remonstrances , representations , proposals , desires , letters , and resolutions for s●…ling this nation in its just rights , the parliament in their just privileges , and the subjects n their just liberties and freedoms , published in the name of the general and general councel of the army , and of all officers and souldiers of the army , in one volume , london 1647. which how sincerely they have since ( for the most part of them ) performed , let god , their own consciences , and our whole nation determine . to expiate which former guilt , let them now at last upon second and sober thoughts , effectually make them all good , to avoid the perpetual infamy of the most detestable perjury , treachery , hypocrisy , fraud , impiety , apostacy , tyranny , 〈◊〉 that ever any christian saint-like army and officers were guilty of in the eyes of god or men , which else they will incurre : and for the present settlement of our three nations , in their l●…berty , peace , and christia●… unity , without more effusion of english , scotish , or irish bloud , to regain those just fundamental old rights , liberlies , privileges , freedoms , laws , for which they first took up arms ( in reality or pretence at least ) against the beheaded king , transmitted to them by their ancestors , and their richest birth-right , and best inheritance , as therefore most unfit to be all betray'd , surrendred , lost , subverted now , without any further dispute , after so many years conflicts for their preservation . i shall close up all with this memorable petition of the whole house of commons to the late king , by the speaker and whole house at whit●…all ( concerning the intolerable grievance of billetting and keeping of souldiers●… amongst them , but for a few months only ) in that parliament of 3 caroli , april 24. 1628. which the king then granted , and provided against for the future . in the p●…ition of right ( though since condemned (q) as the worst and greatest of tyrants by some , who succeeed him at whitehall ) and therefore is much more just and reasonable to be granted by them now , for the peoples case , after so many years of incessant contributions , quartering and continuing of armed mercinary souldiers amongst them , winter and summer , without any actual imployment for them , but to ter●…ifie , seize , imprison , guard , oppresse , enthrall , impoverish , di●…-inherit of all hereditary liberties , rights , privileges , our english freemen at their pleasures , and to over-awe , force , dissolve , even parli●…ments themselves , and secure , seclude their members , for whose protection they were first raised ; vvhen as the parliament of 5 r. 2. rot . parl. n. 1. was adjorned for 3 days space , because great force of armed men , and others arayed in warlike mann●…r , came to the parliament , by reason of the great debate between the duke of lancaster and the earl of northumberland . and the parliament of 11 r. 2. & 21 r. 2. were both repealed , because they were held with many armed men , and archers , who over-awed , enforced them to consent to bills against their wills : as the printed statute of 21 r. 2. c. 12. & 1 h. 4. rot . parl. n. 20 , 21 , 22 , 38 , 70. a●… large inform us ; so inconsistent are force and arms with the freedome and essence of a true english parliament ; as the armies confederates in their own ordinance of 20 august 1647. the speakers own printed letter july 29. 1647. with the solemn protestation of the prisoned and secluded members , december 11 , and febr. 13. 1648. will further resolve the nation , and souldiers , against whose billetting , and scatering abroad in companies here and there , in the heart and bowels of the kingdome , to inthrall and oppresse●… it , the whole commons house then thu●… petitioned . to the kings most excellent maj●…sty : in all humblenesse complaining , sheweth unto your m●…st excellent majesty , your loyal and dutiful c●…mons now in parliament assembled . that 〈◊〉 as , by the fundamental laws of this your realm , ver●… freeman hath , and of right ought to have , a full and absolute propriety in his goods and estate , and that therefore the billetting or placing of souldiers in the house of any such freeman against his vvill , is directly contrary to the laws under which we and our ancestors have been so long and happily . governed . yet , in apparent violation of the said antient and undoubtted rights of your majesties loyal subjects of this your kingdome in generall , and to the grievous and insupportable vexation and detriment of many counties and persons in par●…icular , a new and almost unheard ●…f way hath been invented and put in practice to l●…y souldiers upon them , scattered in companies here and there , even in the heart and bowels of this kingdome , and to compell many of your majesties subjects to receive , and lodge them in their own houses , and both themselves and others to contribute towards the maintenance ●…f them ; to the exceeding great disservice of you majesty , the general terror of all , and utter undoing of many of your good people . in so much 〈◊〉 we cannot su●…iciently recount ; nor in any sort proportionably to the sense we have of ou●… present misery , herein are we able to represent to your majesty , the innumerable mischi●…fs and most grievous exactions , that by this means alone we do now suffer ; whereof we will not p●…sume to trouble your sacred ears , with particular inform●…tion . only most gracious soveraign , we beg leave to offer unto your gracious view , ●… and 〈◊〉 consideration , a few of them in general . 1. the service of almighty god is hereby greatly ly hindered , the * people in many places not daring to repair to their churches , lest in the mean time the souldiers should rifle their houses . 2. the antient good government of the country is thereby neglected , and almost contemned . 3. your officers of justice in performance of their duties have been resisted and endangered . 4. the rents and revenues of your gentry are greatly and * generally diminished ; farmers to secure themselves from the souldiers insolence , being by the clamour and sollicitation of their fearfull and endangered vvives , and children , enforced to give up their antient dwellings , and to retire themselves into place●… of more secure habitation . 5. husbandmen , that are as it were the hands of the country , corrupted by ill example of souldiers , are * encouraged to idle life , give over their work , and seek rather to live idlely on other mens charges , than by their own labours . 6. tradesmen and artificers almost discouraged , being enforced to leave their trades , and to imploy their times in preserving their families from violence and cruelty . 7. markets unfrequented , and our waies grown so dangerous , that your peopl●… dare not passe to and fro upon their usual occasions . 8. frequent robberies , assaults , burglaries , rapes , rapines , murders , barbarou●… cruelties , and other late most abominable vices , and outrages , are generally complained of from all parts where these companies have been and made their abode ; few of which insolencies have not been so much as questioned , and fewer , according to their demerit , punished . these , and many other lamentable effects ( most dear and dread soveraign ) have , by this billetting of souldiers , already fallen upon your loyal subjects , tending no lesse to the dis-service of your majesty , than t●… their own impoverishing , and distraction . so that thereby they are exceedingly disabled to yield your majesty those supplies for your urgent occasions which they heartily desire . and yet they are more p●…rplexed with the apprehensi●…ns of more approaching dangers . one in regard of the subjects at home ; the other , of enemies abroad . in both which respects , it seems to threaten no small calamity . for the first , the meaner sort of your people being exceeding poor , whereof in many places are great multitudes , and therefore in times most se●…led , and most constant administration of justice , not easily ruled , are most a●…t upon this occasion to cast off the reigns of government , and by themselves , with those disordered souldiers , are very like to ●…all into mutiny and rebellion . which in faithful discharge of our duties we cannot forbear most humbly to present ●…nto your high and excellent wisdom , being possessed with probable fears , that some such mischie●…s will shortly ensue , if an effectual and speedy course be not taken to remove them out of the land , or otherwise to disband those unruly companies . for the second , we do humbly bese●…ch your majesty to take into your princely consideration , that m●…ny of those companies , besides their dissolute dispositions and carriages , are such as professe themselves * papists ; and therefore to be suspected , that if occasion serve , they will rather adhere to a forein enemy , ( if of that religion ) than to your majesty their liege lord , and soveraign : espe●…ially some of their commanders and captains , being as papistically affected as themselves , and having served in the wars on the part of the king of spain or arch. dutchess against your majesties allies ; ●… which , of what pernicious consequence it may prove , and how prejudicial to the safety of all your kingdom , we humbly leave to your maj●…sties high and princely wisdom . a●…d now upon these and many more which might ●…e alleged , most weighty and important reasons , grounded upon the maintenance of the worship and service of almighty god , the continua●… of your majesties high h●…nor and profit , the preservation of the antient and undoubted liberties of your people , and therein of justice , industry , and valour , which concerns the glory and happinesse of your majesty , all your subjects , and the preven●…ng of imminent calamity , and ruine both of church and common-wealth ; we your most humble and loyal subjects , the knights , citizens , and burgesses of the house of commons , in the name of all the commonalty of your kingdom , who are on this occasion most miserable , disconsolate , and afflicted , prostrate at the throne of your grace and iustice , do most humbly and ardently beg for the present removal of this unsupportable burthen , and that your majesty would be graciously pleased to secure us from the like pressure in time to come . which king charls then did by the petition of right , which i shall here insert ; because almost quite forgotten by most men like an old almanack out of date , especially by our grandees . to the kings most excellent majesty . humbly sheweth , unto our soveraign lord the king , the lords spiritual and temporal , and commons in this present parliament assembled ; that whereas it is declared and enácted , by a statute made in the time of king edward the i. commonly called 〈◊〉 de tallagio non concedendo ; that no tallage or ●…id shall be taken or levied by the king or his 〈◊〉 in this realm , without the good will or assent of th●● archbishops , bishops , earls , barons , knights , burgesses , and other the freemen of the commonalty of this realm . and by an authority of parliament holden the 25 year of the reign of king edward the 3d. it is declared and enacted ; that from thenceforth , no person should be compelled to make any loans to the king against his will , because such loans were against reason , and the franchises of the land . and by other lawes of this realm it is provided ; that none shall be charged by any charge or composition , called a benevolence , nor by any such like charge . by which statutes before mentioned , and other the good laws and statutes of this realm , your subjects have inherited this freedom : that they should not be compelled to contribute any tax , tallage , or aid , or other like charge , not set by common assent by act of parliament . yet neverthelesse of late divers commissions ( directed to sundry persons in several counties , with their instructions ) have issued , by pretext whereof your people have been in divers places assembled , and required to lend certain sums of mony to your majesty . and many of them upon their refusal so to doe , have had an oath not warranted by the laws and statutes of this realm administred unto them ; and h●…ve been constrained to become bound to make appearance , and to give attendance before your privy counsel at london , and in other places : and others of them have been therefore imp●…isoned , confined , and certain otherways molested and disquieted ; and divers other charges have been laid and levied upon your people in several counties , by lord lieutenants , deputy lieutenants , commissioners for musters , justices of peace , and others , by command or direction from your majesty , or your privy counsel , against the laws and free customs of the realm . and whereas also by the statute called the great charter of the liberties of england , it is declared and enacted , that no free-man may be taken or imprisoned , or be disseised of his freehold or liberties , or free customs , ●… or be out lawed , or exiled , or in any manner d●…stroyed , nor passed upon , nor condemned , but by the lawfull iudgement of his peers , or by the law of th●… land . and in the 28 year of king edward the 3. it was enacted and declared by an authority of parliament , that no man of what state or condition soever , shall be put out of his lands or tenements , nor taken , nor imprisoued , nor disinherited , nor put to death , without being brought to answer by due process of law . neverthelesse against the tenor of the said statutes , and other the good laws and statutes of your realm to that end provided ; divers of your subjects have of late been imprisoned without any cause shewed : and when for their deliverance they were brought before your justices , by your majesties writs of habeas corpus , there to undergo and receive as the court should order ; and the keepers commanded to certifie the causes of their deteiner ; no cause was certified but that they were deteined by your majesties special command , signified by the l●…rds of your privy council : and yet were returned back to several prisons without being charged with any thing , towhich they might make answer according to law . and whereas of late great companies of souldiers and mariners have been dispersed into divers counties of the realm , and the inhabitants again●…t their wills have been compelled to receive them into their houses , and there to suffer them to 〈◊〉 , against the laws and customes of this realm , to the great grievance and vexation of the people . and whereas also by authority of parliament , in the 25 year of king edward the third , it was declared and enacted : that 〈◊〉 man should ●…e forejudged of life or limbs against the form of the great charer : and by other the laws and statutes of this realm , no man ought to be adjudged to death , but by the laws established in this your realm , either by th●… customes of the same realm , or by act of parliame●…t . and whereas no offender of what kind soever is exempted from the proceedings to to be used , and punishments to be infflicted by the laws and statutes of this your realm . neverthelesse of late time , divers commissions under your majesties great seal have issued forth , by which certain persons have been assigned and appointed commissioners , with power and authority to proceed within the land , according to the custome of martial law , against such souldiers or sea-men , or other dissolute persons , joining with them , as should commit any murther , robbery , felony , mutiny , or other outrage or misdemeanour whatsoever ; and by such summary caurse and orders as is agreeable to martial law , and as is used in a●…mies in tim●… of wars , to proceed to the trials and condemna●…ion of such offenders , and them to cause to be executed and put to death , according to the law martial . by pretext whereof , some of your majesties subjects have been by some of your majesties commissioners put to death , when and where , if by the laws and statutes of the land , they had deserved death , by the 〈◊〉 laws and statutes also they might , and by no other ought to be judged and executed . and also sundry grievous offenders by colour thereof , claiming an exemption , have escaped the punishments due to them by the laws and statutes of this your realm , by reason that d●…vers of your officers and ministers of justice have unjustly refused or forborn to proceed against such offenders according to the same laws and statutes , upon pretence , that the said offenders were punishable only by martial law , and by authority of such commissions as aforesaid . which commissions , and all other of like nature , extended to any except souldiers , or mariners , or to be executed in time of peace , or when or where , your majesties army is not on foot , are wholly and directly contrary to the said laws and statutes of this your real●… . they do therefore humbly pray your most excellent majesty , that none hereafter be compelled to make or yield any gift , loan , benevolence , tax , or such like charge , without common consent by act of parliament : and that none be called to make auswer , or take such oath , ●…r to give attendance , or be confined or other wise molested or disqu●…eted concerning the same , or for refusal thereof ; and that no freeman in any such manner as is before mentioned , be imprisoned or deteined ; and that your majesty would be pleased to remove the said souldiers , and mariners , and that your people may not be so burthened in time to come ; and that the aforesaid commission for proceeding by martial law may be revoked , and anulled ; and that hereafter no commission of like nature may issue forth to any person or persons whatsoever , to be executed as aforesaid ; lest by colour of them any of your majesties subjects be destroyed or put to death , contrary to the laws and franchises of the land . all which , they humbly pray of your most excellent majesty as their rights of liberties , according to the laws and statutes of this realm ; and that your majesty would also vouchsafe to declare , that the awards , doings , and proceedings to the prejudice of your people in any of the premises , shall not be drawn hereafter in consequence , or example ; and that yonr majesty would also be graciously pleased for the futher comfort , and safety of your people , to declare your royal will and pleasure , that in the things aforesaid , all your officers and ministers shall serve you , according to the laws and statutes of this re●…lm , as they tender the honor of your majesty , and the prosperitie of this kingdome . to which petition king charles at last gave this full and satisfactory answer : soit droit ●…ait come il est desire par le petition : that is , let all right be done as it is desired by the petition . to the unspeka●…ble joy of this parliament and all his subjects . adding withall thereunto : i assure you my maxim is , that the peoples liberties strengthen the kings prerogative : and that the kings prerogative is to defend the peoples liberties . the benefit of which most excellent law , 〈◊〉 , and of all the precedent parliamentary votes , lawes ( with the present repealing , and vacating all acts , votes , orders , ordinances , declarations , resolutions , iudgements , instruments repugnant thereunto , as meerly void in law , by the express statutes of 25 e. 1. c. 2. 42 e. 3. c. 3. and the petition of right ) we all now jointly and severally claim as our undoubted birth-rights , and as the price , crown , trophy , guerdon of all our late parliamentary counsels , expended treasures , bloudsheds , wars , victories , over the real or pretended enemies of these our just liberties , franchises , rights , laws , and introducers of an arbitrary , and tyrannicall government repugnant thereunto ( wherein many thousands of the nobility , gentry and commons of the realm of chiefest rank hazarded their estates , bloud , lives in the field , as well as the army-officers , to preserve and enjoy the forementioned fundamental laws , liberties , rights and properties ) which we hope no true-bred english freeman or swor●…man whatsoever can have the hearts or faces to deny unto us , against all their former protestations , remonstrances , vows , oaths , covenants , engagements , both to god and the english nation , for fear of being made shorter by the head , as the most perfidious traytors , or rolled into their graves in bloud by the over-oppressed●… enraged people , as the most insolent oppressing tyrants , yea tumbled headlong into hell flames for all eternity soul and body , by god himself , as the most perjured execrable hypocrites and impost●…rs that ever england bred . gal. 5. 1 , 13 , 14 , 15. stand fast therfore in the liberty wherewith christ hath made us free , and be not intangled again with the yoke of bondage . for brethren , ye have been called unto liberty : only use not liberty for an occasion to the flesh , but by love serve one another . for all the law is fulfilled in one word , even this , thou shalt love thy neighbour as thy self . but if ye bite and devour one another , take heed that ye be not consumed one of another . an appendix to the premises it hath been the antient pl●…t , and long agitated design of robert parsons , and other iesuites and their instruments , under pretext of reforming the common laws and statutes of england , to alter , subvert abolish the great charter , common fundamental laws of the land , and principles of government , whereon the iustice of the kingdom , and liberty and property of the subjects are established ; as i have irrefragably proved at large , by r●…bert parsons his memorial for reformation of england , written at sevil in spain , an. 1590. by william watson ( a seminary priest ) his quodlibets , printed 1601. p. 92 , 94 , 95 , 286 , 330 , 332. a dialogue between a secular priest and a lay-gentleman , printed at rhemes 1601. p. 95. william clark ( a roman priest ) his answer to the manifestation of father parsons , p. 74 , 75. robert parsons own manifestation of the folly , and bad ●…pirit of certain in england , calling themselves secular priests , f. 55. to 63. mr. thomas smith his preface to mr. iohn daillae , his apology for the reformed churches : cambridge , 1653. p. 12 , 13 , &c. the declaration of the whole house of commons , 15. decemb. 1641. exact . collection , p. 3 , 4. ludovicus lucius , historia 〈◊〉 , p. 318 , 319 , 535. and other evidences in my epistle to a seasonable , legal , and hist●…rical●… vindication of the good old fundamental liberties , rights , laws of all english freemen ; and to a new discovery of free-state tyranny , to which for brevity i refer the reader . that it hath been the souldiers and anabaptists design , endeavour , to put this their iesuitical plot against our laws in execution , under pretext of reforming the corruptions in the law , and lawyers , by the tutorship of the disguised iesuites ( swarming amongst us , and having a consistory and councel abroad , that rules all the affairs of the things of england ; as their own general , o. cromwell himself avers in positive terms to all our three nations , and the world , in his printed speech in the painted chamber , september 4. 1654. p. 16 , 17. ) i have there likewise demonstrated , and is so experimentally visible to all men by their frequent consultations , committees , treatises , discourses , votes , and instruments set on work , to regulate our laws , that it needs do further proof . the excellently connatural●…ess , conveniency of the laws of england to englishmens tempers , is so fully expressed , demonstrated by fortescue , in his book de laudibus legum angliae , glanvill , britton , and others of antient , and by sir iohn davies in his epistle to his irish reports , sir edward cook in his epistles to his reports , institutes , with others of later times : by the very new modellers of our old hereditary kingdom , into a puny free-state , in their remonstrance of march 17. 1648. and by mr. iohn pym , and mr. oliver saint-john , in their late parliamentary speeches , printed by the commons house special orders ; that i shall not spend waste-paper to commend them , being the most excellent laws of all others in the world , as they all unanimously resolve . i shall only adde to their encomiums of them : that the extraordinary care , diligence of our ancestors , and all our parliamentary councels in former ages , to maintain , ●… preserve , defend and transmit to posterity those good old laws we now do or should enjoy , with the last long parliaments impeaching , beheading strafford and canterbury for arch-traytors for endeavouring to subvert them with their innovations on the one side , and the late king and his partisans on the other side , in above * * in the coll●…ctions of 〈◊〉 , printed by both houses orders . 500 printed declarations , orders , ordinances , proclamations , remonstrances ; that the principal end of all their consultations , arms , wars , taxes , impositions , expences of infinite treasure and bloud , in all the unhappy contests against each other ; was inviolably to defend , maintain our laws and the subjects liberties , secured by them as their best patrimony , birthright , and inheritance ; the inserting thereof into all their generals and military officers commissions , and all ordinances , to raise monies for the armies pay ; is an unswerable evidence of their transcendent excellency , utilility , preciousnesse , value , esteem , in the eyes of our parliament and whole nation : and a convincing discovery of the iesuitical infatuation , folly , frenzy , treachery of those swordmen and their confederates , who now revile , traduce , and endeavour all they may , to reform , alter , subvert those very laws , and liberties which they were purposely commissioned , waged , engaged inviolably to defend , both by the parliament , and people , and for which end they formerly professed , declared in many printed * * printed 1647. romonstrances of their own , they fought and hazarded their lives in the field ; yet now would conquer , and trample under feet , as if they had only fought against them and our hereditary l●…berties confirmed by them . i must confess , there are some few grievances , abuses , not in the theory , but practice of our laws ( introduced by dishonest attorneys and sollicitors for the most part ) fit to be redressed by the iudges of the law , ( as some of them have been upon complaint ) ●… which i my self had many years since reformed ( as i told m●… . shepheard upon his fore mentioned motion to me ) had not those army-men violently pulled me with other members out of the 〈◊〉 ; and interrupted the settlement , peace , liberty , ease from taxes , excise●… , and good government of the kingdome , by a happy close with the late king , upon more safe and honourable terms of freedom and happiness to the whole nation and our parliaments , than ever we can hope for from our new governours or sword-men ; to usurp the soveraign power of king and parliament into their own hands , and perpetuate our wars , taxes , excises , armies , and military government upon us , from generation to generation , as experience now manifests beyond contradiction , not for the peoples safety , ease , wealth , tranquillity , as they then pretended : which people though they then cried up , * * january 1648. voted for the only supreme authority ; their free elections for the only basis of all lawfull magistracy , power , in and over the nation , and their safity as the supreme law ; yet now they imperiously trample upon as their conquered slaves , and both by their publike speeches , actions , proclaim to all the world , they now no more value th●… than they doe the very acornt of the swine , or dust of their feet , no further than they are subservient to their own aspiring designs , and selfish ends . for those few remaining abuses in our laws execution yet unredressed by former laws , as they no waies concern the army , or army-officers as souldiers , being out of their calling , commission , and fit only for iudges , or parliaments in their defaults , to redresse : so they concern not the generality of the people ( many thousands of them having no sute at law in all their lives , and the most of them very rarely ) but fo●… the most part only some litigious , contentious persons , who out of their pride and animosity , occasion these abuses , and prolongations of sutes in law , which they●… and others complain against , and therefore are justly punished and rewarded by them ; the expensivenesse and ●…ediousnesse of their law sutes , being the best means to correct , cure their contentious malicious spirits : other sutes between peaceable persons being soon determined without any great expence , or length of time , if diligently prosecuted by honest lawyers , attorneys , and sollicitors . but the grievances these martial reformers of our laws have introduced , under pretext of reforming some petty abuses in the practice of the law and lawyers , are of a far more grievous , generall , and transcendent nature , subverting the very f●…damental laws and liberties of the whole nation ; and burthening them with two or three millions of extraordinary taxes , expences every year , whereas all the abuses in the law if rectified , amount not to above 5 or 6 thousand pounds a year at the most , and those voluntarily expended by litigious persons , not exacted from , or imposed upon any against their wills , as taxes , excises , imposts , tunnage and poundage now are by the souldiers , without act of parliament against our laws . which if redressed by the swordmen now , is not ou●… of any affection towards , or design to ease the people , but out of spleen to the profession and professors of the law , and to increase the peoples monthly taxes to the souldiers , and maintenance of their new war , to tenfold the value every year at least , to what they now expend in law-sutes by reason of these abuses they would now redresse ; which will be nothing so grievous , expensive to the people , as those alterations they intend to make in our laws and legal conveyances , which will but multiply sutes , and draw all mens estates into future seque ●…ration in few years space . there are four thing ; specially provided for by our 〈◊〉 laws , and the original constitution of●… our government , which principally concern all the freemen of england in general , above all things else . 1. the privileges and fredome of their parliaments and their members . 2. the safety and liberty of their persons . 3. the propriety of their estates . 4. the free course of common law , right , juslice . all which our army reformers have lately violated in the highest degree , beyond the presidents of the worst of former ages , against all laws of god and the land , their own commissions , trusts , declarations , pro●…estations , vowes , leagues , covenants , engagements , without any colour of lawful authority ; to the whole nations intollerable grievance , injury , oppression , impoverishing , enslaving , and yet would be reputed the only just , upright , faithful , righteous , conscientious protectors , reformers of our laws , grievances , government , and gods most precious saints ; and all others mee●…malignants or disaffected persons to liberty and reformation , who oppose or dislike their proceedings , secluding them out of their new parliaments as such , when elected most freely by the people . 1. for the privileges , freedom of parliaments , and their members , formerly held most sacred and inviolable , (c) (c) see the epistle and ●…ppendix to my speech in parliament , and the history of ind●…pendency . they have in their own and the armies name , impeached , imprisoned , suspended from sitting , many members of both houses ; marched up professedly against them ; contrary to their trusts , commands , and the expresse statutes of 5 r. 2. c. 4. 5 h. 4. c. 6. 8 h. 6. c. 1. 4 h. 8. c. 8. forced them to retract their own orders , votes , ordinances ; eject , imprison their own members , and vote what they prescribed them . since which they imprisoned , close imprisoned my self , with sundry other members , in remote castles , sundry years , without any cause , hearing , or recompence●… for this transcendent injustice ; and not content herewith , they contrary to both houses votes seised , impeached , abused , condemned , beheaded the late king , (d) (d) cook 4 〈◊〉 . c. 1. & modus 〈◊〉 parliam . the head of the parliament ; suppressed , abolished the whole house of lords , the antientest , chiefest members of it ; secured , secluded the greatest part of the commons house ; and forcibly dissolved the parliament it self by the sword , without any writ , contrary to an expresse act of parliament . and how they have disturbed , secluded , abused , dissipated , dishoused their own mock-parliament , and their members even in the like manner ; how they and their new instruments have new-modelled that they now call our parliaments ; how they have deprived many antient burroughs , cities , of their right of electing burgesses , or of so many burgesses as they ought , contrary to their charters , and the expresse statutes of 5 r. 2. c. 4. 1 h 5. c. 1. 32 h. 6. c. 15. 9 h. 8. c. 18 ; disabled many thousands of their votes in elections , who have voices , and enabled others to be electors who have no votes by our laws ; incorporated scotish , and irish knights , burgesses as members into their late parliaments , and interrupted the freedom of elections , by letters , menaces , armed troops , soldiers , and other indirect means , against the statute of 3 e. 1. c. 5. the great charter , and constitutions , laws , rights , privileges of our parliaments ; ( to make what persons and number of their own creatures they please , a pretended parliament , to bind our three nations ( by colour of a void , illegal instrument , made sodenly by a few privadoes of their own in a corner ; having no more legal force to bind our three nations or parliaments , than a fiddle-string , or the new cords wherewith the uncircumcised philistines by their treacherous dalilah bound sampson of old ; which he brake from off his arms like a threed , judg. 16. 12. ) all which is so well known to themselves , and others , that i shall not insist any further●… thereon . and are not all and every of these far greater abuses , & of more general important concernment to the whole nation , than any they would now reform , or declaim against in our laws , or lawyers ? fit now to be redressed ? being adjudged no lesse than high treason in others ; not only by the * * see the 〈◊〉 to my speech in parliament , p. 15 , 16. parliaments of 4 e. 3. n. 1. 21 r. 2. cap. 12. 1 h. 4. rot . parl. n. 21 , 22. 31 h. 6. c. 1. 3 jac. c. 1 , 2. and in chaloners and tomkins case june 14. 1647. in the last parliament of king charles , a collection of ordinances , p. 200. to 206. but likewise by the army officers (e) (e) their remonstra●…ce and re●…resentation , aug. 2. & 18. ●… & 7 〈◊〉 . 1647. th●…ir charge , june 14. 1647. themselves ; yea the very ground-work of all the uncapabilities , penalties , sequestrations , decimations , forseitures , they have imposed on others for levying warre , and adhering unto the late king against the parliament ; which they but mediately and indirectly opposed and warred against , but themselves immediately , actually directly warred upon , seised , secured , dissolved , destroyed , against their trusts , commissions to defend both the parliament and the members of it from force and violence : and therefore are the * * their 〈◊〉 of 〈◊〉 , art . 14. 16. far greater delinquents , and uncapable to give any voice to elect any members , or to be elected or sit in the three next parliaments , by their own self-condem●…ing censures , declarations , (f) (f) article 14. 16. new instruments , and verdicts passed against others ; and by st pauls own verdict , rom. 2●… 1 , 2 , 3. are inexcusable , and shall not escape the judgement of god : though they escape the sentence of all humane tribunals , for their offences of this nature . 2. for the safety and liberty of their persons , these army-reformers have contrary to the great charter , all other f●…ndamental laws , statutes , the petition of right it self , and premised votes in the parliament of 3 carol●… , in new-created military courts of iustice , impeached , condemned , executed not only the late king and sundry nobles , but likewise●… knights , gentlemen , and other freemen of all ran●…ks , callings , without any lawfull inditement or tryal by their peers , for offences not capital by our known laws ; forcibly apprehended by armed troopers , the persons of parliament-men , noblemen , and others of all sorts ; imprisoned , close-imprisoned them in remote castles , under armed guards , and translated them from one castle to another , and my self amongst others , without any legall examination , accusation , hearing , or cause expressed ; banished some , and imprisoned others , ( yea some of their own military-officers , and greatest friends ) in those forein i●…les , castles , ( whither the prelates and old council-table lords , banished me and my fellow-brethren heretofore ) without any legal sentence ; imprisoned , close imprisoned thousands at a time upon sudden carnal fears and jealousies ( unbeseeming saints , christians , or men professing so much faith , confidence in god , and such signal ownings both of their persons and present powers by god himself , as they have done in publick or private from time to time , and having an whole army to guard them ) and dragging them out of their houses , beds , in the night by souldiers , and shutting them up in inconvenient places ; banished multitudes from time to time , from london and other parts , for sundry months together ; confined others to certain pl●…ces ; impressed thousands for land and sea-services , and forein imployment ( as well apprentices as others ) against their wills , and carried them away perforce to , and others from forein plantations , to the indies , where they have lost their limbs , lives , to the ruine of their families and masters . degraded all our nobles without any lawfull cause or hearing , of all their personal , hereditary powers , trusts , commands : disfranchised , disofficed judges , justices , recorders , maiors , aldermen , common-council men , freemen , servants , and many such very lately even by major generals , and their deputies at their pleasures , taking far more authority upon them now in all places in this and other kinds , than ever any kings of england did , in late or former ages . and that which transcends all presidents , imprisoning lawyers themselves , as grand traytors , and delinquents in the tower of london , only for arguing their clients cases , according to their oaths , duties , in defence of their common fundamental personal liberty and property , when illegally committed for refusing to pay unjust excises and imposts , without act of parliament , in the la●…e case of mr. cony , and threatning to imprison others for prosecuting lawfull sutes : when as the late king they beheaded for a tyrant , freely permitted my self , and other lawyers , to argue the cases of knighthood , loans , shipmony , imposts , tonnage and poundage , which so ●…uch concerned him , without imprisonment or restraint . and are not these , with the denying habeas corporaes to some , stoping the returning , or benefit of them when returned , to others , far greater grievances , abuses ( which concern every subject alike , and strike at the foundation of all our liberties ) than any these sword-men dislike or declame against in our laws or lawyers ? fit now to be redressed . if any private person injure any freeman in any of these kinds forementioned , he may be remedied and recover dammages by an action of the case , trespass , or false imprisonment ; but being thus injured by our new whitehall grandecs , swordmen , souldiers , committees , excise-men , major-generals , their deputies , or deputy deputies , who all imprison , dissranchise , oppresse men at their pleasures , ( which [f] [f] fo●…ue c. 8. 1 h. 7. 46. 16 h. 6. fitz. mons●…n . d' faits 182. none of our kings could do ) he is now left destitute of all relief or recompence by law , or ordinary course of justice , and imprisoned by committees of indemnity , if he sue , and forced to desist , or release his action , having no lawyer who durst to plead his cause , for fear of imprifonment , nor judge to release him , for fear of displacing ; such is our present , ●… worse than turkish thraldom , under these grand reformers of our laws , and new-found guardians of our liberties , crying out aloud to heaven and earth for present redresse . 3. for the propriety of their estates ; so fenced , vindicated , secured by the forecited parliamentary votes , acts , and petition of right ; alas ! what is become of it ? have not these sword-reformers forcibly disseised , dis-inherited not only our kings , nobles , and other officers of their hereditary honors , dignities , offices , franchises , but likewise them , and thousands more , their heirs , successors , wives , children , kinred , of their palaces , mannors , houses , lands , possessions , rents , revenues , real and personal estates , without any other law or title but ( that of theeves and pirates , turks and * * see purch●… pilgrimage ●…o . 6. c. 6. & h●…yns 〈◊〉 . mamalukes ) the longest sword ? against not only all laws of the land , but the very eighth and tenth moral command●…nts of god himself , now practically quite expunged out of their decalogue ? and do not all else hold their lands and estates as tenants at will , to these supream new land-lords , who ●…pon any n●…w coined delinquency , or pretended plots , really sequester , or confiscate them at their pleasures by the self-same law and title ? yea where ●…s all our kings in former ages took aids and subsidies from our ancestors only as (1) (1) see bast●…s 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 subs●… , tunage and 〈◊〉 . as their free gifts and grants in parliament , and that in moderate proportions , to wit , one fifteen , tenth or subsidy , and no more in antient times , and but two or three subsidies and fi●…s of later daies , payable at sundry times , in divers years , for which our kings returned them hearty thanks in their answers to those grants , and granted them new (2) (2) 〈◊〉 〈◊〉 c. 37 & 52 h. 3. ●…5 . 25 e. 3. c. 1 , 2. c. 28 h. 8. c. 1. 〈◊〉 . pa●…is hist. angli●… . 311. 355. 36●… 421. 576. 624. 688. 838. 833. 338. 940 , 941. 960. confirmations of their laws , liber ●…ies and the gr●…t charter , when violated , together with beneficial general pardons in recompence of these their aids and subsidies ( though for publick uses and defence ) which they never claimed nor imposed in the clergy or 〈◊〉 , but by their several free grants in full and free parliaments , and convocations of the clergy , ( as all our parliament rolls , our imprinted acts , histories , and (3) (3) 4 〈◊〉 c. 1. p. 〈◊〉 25 to 35. sir edward co●…k at large inform us ) do not these our new military reforming soveraigns ( as if they were more than kings ) without any free gift , grant , or act of parliament in a full and free parliamentary assembly , by their own new usurped power , ( without any thanks at all to the people , or confirmation of their violated laws , liberties , privilges , or general pardons ) against all former acts , and parliamentary votes , impose both on the clergy and laity , against their wills , ( beyond all presidents of former ages ) what excessive heavy monthly taxe , s excises , impo●…s , tunnage , poundage , and other payments they please upon the whole n●…tion , without intermission ( which their new-modelled parliaments themselves must , nor alter nor controll by the 27 , 28 , 29 articles of their instrument ) and levy them by armed souldiers , violence , imprisonments , quartering , and other great penalties , fines inflicted on the refusers of them , and dispose of them at their pleasùres when levied , without giving any account thereof to the nation ? yea force them to pay their contributions some months before they grow due ; when no l●…nd lord can receive his rents , nor creditor his debts to pay these taxes , till at , or after the time they become due ? and all to enslave , impoverish the nation , to carry on new wars , without consent of parliament , and gain new conquests abroad , whiles in the mean time our merchants are robbed , undone , our trading decayed by these taxe●… , war●… , and for want of well-guarding the seas at home . and not content with these ordin●…ry monthly co●…tributions , excises , imports , have not these refarmers , without any leg●…l trial , hearing conviction of new delinquency (g) (g) see my gospel plea for the ministers of the gospel . ( oft endeavouring to take away all ministers tithes , though due unto them jure divino , as well a●… by the laws of the land ) exacted the 〈◊〉 of all formerly sequestred persons , their heirs and widows●… estates , improv'd according to the best improv'd value , by a late decimation , ( for which there is no divine nor ●…uman law or right ) notwithstanding all former compositions , pardons under seal , articles of war , their own act of oblivion , their late instrument of government , and oath for 〈◊〉 observance ; besides all our an●…ient laws , exempting them there from , yea notwithstanding this sacred canon ezech. 18. 20. the son shall not b●…ar the iniquity of the father ; with this maxim in our law , transgressio personalis moritur cum persona ; when as yet many sons , yea some infants are merely decimated 〈◊〉 their fathers , and wives 〈◊〉 , dowers charged for their husbands 〈◊〉 ; nay which is yet more barbarous , illegal , hundreds of orthodox , able , godly , learned , protestant ministers of our church , without any hearing or crime at all , for their former expiated pardoned mistake , in being addicted to the late kings party , are not only turned out of all their livings , lectures , fellowships , schools at once ; but likewise prohibited to preach , teach school , in publike or private , or to be entertained as chaplains in private houses , to support themselves , wives , children ; or to administer the sacrament , or mary any , under pain of imprisonment , banishment : and may not all our other protestant orthodox ministers , school mast●…rs , scholars be thus 〈◊〉 down , and suppressed at once , by the like club-law and justice , of which this president is a very sad presage ? moreover do not these reformers seise mens horses , arms , swords , fouling , birding pieces , ( yea the very armorets , chandl●…rs , arms and ammuntion , though their stock , wares , trade , livelihood ) at their pleasures , upon every pretended plot , fear , jealousie ? yea do not souldie●…s , excise-men and their agents break open , search , ransack mens hous●…s studies , trunks , chests , both by day and night , an●… take away their goods , chattels , yea their writ●…ngs ' records , papers , ( as they (h) (h) see my n●…w discovery of 〈◊〉 〈◊〉 . did mine , ) ●…t th●…ir pleasures , against all law , and many late parliament●… votes , nay have not they forced thousands of all sorts to enter into great penal bonds of late , with sureties , both for themselves and all their serv●…nts , containing strange , unheard-of (i) (i) adjudged illegal 1 ●… 3. c. 15. and 1 e. 3. 〈◊〉 . 2 , 3 4. illegall conditions , and forced them to pay , some 10●… . others 5 ●… . others 2 ●… . 6 d. for every bond , ( an unparalleld oppression ) though many of them not worth so much , under pain of imprisonment , sequestration , and banishment in case of refusal : to ●…mit all other extorted fees by marshals , lieutenants , officers of the tower , and others , ●…rom prisoners ; by souldiers for levying pretended arrears of taxes , and of ex●…ise-men , and their instruments ? and are not these more grievous abuses , fit to be redressed , than any coruptions , excesses , fees in lawyers , or our laws ? no private person or lawyers can take one farthing from another against his will , nor do the least prejudice to his reall or personal estate against law , but he may have present remedy for it . but these new reformers , by excises , imposts , contributions , decimations , sequestrations , and new-invented forfeitures , can forcibly extort , and levy some millions of pounds from the whole nation , every year , against their wills , all our laws , yea strip whole families of their inheritances , without any remedy by law or otherwise : yet this must be no grievance or injustice at all in them , though the highest treason , and unpardonable crying offences , in strafford , canterbury , the old council-table , and beheaded king ; but a most righteous proceeding , necessary to be still pursued if not now established by a new law , inabling them still to tax and pollus at their pleasures , without any future parliaments , or redresse . 4. for the free course of the common law , right , and justice , according to magna charta . c. 29. we will deny , nor deferre to no man iustice or right . it was never so much obstructed in any age by any persons , as by these new reformadoes of our laws . witness their unparalleld late whitehall ordinances , touching their illegal excises : which not only indempnifie●… all excisem●… , and their assistants against all actious ( 4 ) 4 〈◊〉 & 17 march , 1653. may 4. 1654 , &c. to be brought against the●… , or other molestations by all parties griewed ; but expresly requiring , ●…njoyning all courts of iustice of this commonwealth , and all judges and iustices of the same , sheriffs , counsellors , attornies ; sollicitors , and all other persons to conform themselves accordingly , without any opposition or dispute whatsoever ; so that now no court of justice , or judge must or can right ; nor any lawyer , attorney , sollicitor , or other person , plead , argue or prosecute any sute at law against any illegal excise , tax or imposition , though never so unjust and oppressive ; nor against any leyier of them , or imprisoner of refusers of them , under pain os being dis-●…udged , ( like thorp , nudigate , and rolls of late ) or being committed to the tower , as mr. maynard , twisden , and wadham windham were , for arguing con●…s case against these whitehall ordinances . a slavery worse than that of the (l) (l) see my s●…cond 〈◊〉 to th●… jews 〈◊〉 into england . english lews of old ; to omit all former inforcements of well affected plundered persons and others , to release their actions , i●…dgements , executions against cavaliers , souldiers , and others , and to pay them dammages , and costs of ●…ute besides , to their undoings , by their councils of war , and committees of indemnity , of which there are hundreds of sad presidents ; i shall only touch their new major generals , captains , lieutenants , and others late abuses of this kind , in sending for lawyers , attornies , sollicitors , parties , by souldiers and other messengers , and forcing them by menaces , terror , and threatned imprisonments to release their actions , iudgements , executions , and to referre all sutes depending in courts of equity or iustice , to their own hearing and determination . their examining , controlling , reversing orders , iudgements , decrees , made not only by iudges , iustices , and others , in courts of law and equity , but even by committees of parliament , and the commons house it self : their sending for some persons in custody who refused to attend them , upon references , and others sundry miles , and making them dance●… attendance on them fro●… day to day upon bare petitions and false suggestiou●… of clamorou●… persons , after several iudgements , decr●… es in courts of iustice , equity , parliaments , and former references by the late king , seconded with ●…any years quiet enjoyment , for lands reeovered against them , to their intollerable expence and vexation . a preparative to ingrosse all law and iustice for the future into their own hands alone , and suppresse all courts of iustice , iudges , as dull and uselesse tools , as some of late have stiled them . and are not these far heavier , sadder grievances , abuses worthy redresse , than any these reformers complain of in our laws or lawyers ? if our sword-men imagin , their victorious successes will still bear them out in all these their illegal extravagances , against all laws , tribunals both of god and men ; let them remember , that * * t●…og ●…s pom 〈◊〉 , & justin. his●… . l. 1. h●…o do●…us , l. 1. 2. 〈◊〉 ●…iculus , lib 2. cyrus king of persia , after his victorious conquests of astyages , croesus , all asia , and the east , with a great part of scythia , and 30 years reign , with c●…utinual and admirable successe ; was at last ( after a great victory over the scythians ) sodenly surprised and slain by thomyris queen of scythia , and his whole old victorious army of two hundred thousand persians put every man to the sword , not one of them escaping to bring back tydings of this their admirable universal ●…verthrow and slaughter . after which his head was cut off by the queens command , and thrown into a vessel filled with mans bloud , with this exprobation of his cruelty , satia te sanguine quem sitisti , cujusque insatiabilis semper fuisti . that * * pat●…rculus hist. l. 2. & 3. plut●…rch . in his li●…e . p●…mpey the great , that glorious and famous roman , after his conquests of , 〈◊〉 3●…publike triumphs ( decreed him by the roman senate ) over europe , asia and africa , ( the whole known world in that age ) which he had subdued , ●…as yet at last conquered by iulius caesar his corrival , ●…nd forced to fly into egypt ; there taken and beheaded by a slav●… , and his cark●…ss lef unburied o●… the sands , as a prey to the birds and beasts ; so that he who formerly wanted earth for him to conquer , now wanted earth to●… bury him ; such was the vicissitude of his fortune ( as pa●…erculus observes . ) and not long after this great conquerour * * suctonius , p●…utarch , 〈◊〉 , g ●…imston , and o ●…s i●… his l●… . caesar , was sodenly stabbed to d●…th in the senate house by his own friends in whom he most confided , for his ambitious tyrannical usurpations over the senate and people ; enough to make all other usurping oppressing swordmen tremble ( not half so great conquerors as either of these three ) notwithstanding all their former successes ; which should rather ●…nmble and make them more just , righteo●… towards the people , for whose lawes and liberties they pretended they only fought against arbitrary tyranny , impositions and rapine , than more arbitrary , insolent , exorbitant , oppressive than those they fought against , and suppressed ; and that upon the consideration of 2 chron. cap. 10. 2 kings 14. 8. to 15. mich. 2. 1 , 2 , 3 , 4 , 5 , 7 , 8 , 9 , 10. ierem. 34. 8. to 22. and rom. 11. 17. to 22. which i desire them seriously to peruse and meditate upon at their leisures . to these forenamed 4. generals , i might add their new voluminous whitehall folio edicts , o●…dinances , repealing , altering our former laws and statutes in many particulars , imposing new taxes , payments , forfeitures , imprisonments , fines , penalties on the people , aad such as shall infringe them ; their converting all prizes taken by their men of war , to private vses , and their publike treasury , without repairing or satisfying our merchants losses by pyracies and wars in the first place , by whose customs and for whose safety they are principally maintained , and whose damages should be therefore in justice , conscience , first repaired ; major generals and their deputies suppressing of innes , taverns , alehouses ( like absolute justices ) without any legal authority , and then setting them up again soon after , through the mediation of friends or mony : their riding in circuit with those who are their iudges to overawe and controll them ; their open abetting and countenancing of causes ; their great destruction of the timber of the nation , against s●…ndry●… statutes , their building of new stately houses , gardens , &c. upon the peoples and the publick stock ; the sharing of the publike lands and revenues of the kingdom amongst themselves , which should defray publike expences , now fit to be r●…formed , as in former ages ; their making sectaries and illiterate sword-men , and other persons of mean quality , who understand neither law nor iustice , their iustices of peace , and committee men in sundry places , agai●… former statutes : their imposing , administ●…ing oaths to men without any legal commissión or law ( as every sword-man now presumes ) a praemunire and grand offence in former ages : with sundry more generals , which i pretermit , the particulars whereof would amount to many baronian tom●…s , if at large recorded , being worthy the consideration of the approaching asse●…bly , if not of reformation . which assembly being purposely called , as these army officers , and major generals report , and some whitehall letters import , for the reformation of our laws , and for the healing and closing up of the wounds , breaches of our distracted , discontent●…d nations ; which my skill in chirurgery and politicks , and the method of all former pa●…liaments allu●…es me can never perfectly be healed and closed up , without danger of ●…pse & breaking out again with great●…r pain , danger , violence , unless they be first sea●…ched , lanced , and laid open to the bot●…om , & then perfectly cleansed , and incarnated ; without leaving any 〈◊〉 corruption underneath . i have thereupon ( to gratifie mr. s●…heard , and discharge my bounden duty to my profession and country ) thus 〈◊〉 anatomized and ●…d them open to pu●… like view , to the end they may ( th●…ough gods blessing ) r●…ceive a speedy , sound and persect , not superficial palliative c●… , without any other si●…ster design . now the grand 〈◊〉 bo●… of souls and states g●…ve so 〈◊〉 a blessing and successe to these few leaves , that they may prove like the leaves of the 〈◊〉 of life , rev. 22. 2. for the ●…aling of the nations ; that god may not now say of england , as he did once of israel , 〈◊〉 . 30. 13 , 14 , 15. thy bruise is incurable , and thy wound is gri●…vous , the●…e is none to plead thy cause that thou maist be bound up ; tho●… 〈◊〉 no heal●…ng medicins : all thy lovers have forgotten 〈◊〉 ; they seek 〈◊〉 ●…ot ; for i have wounded thee with the wound of on enemy , with the chastisement of a cruel one , for the multitude of thine iniquities , because thy sins are encreased . finis . notes, typically marginal, from the original text notes for div a56154e-150 * reformalio 〈◊〉 d bet 〈◊〉 in ca pite , et sic 〈◊〉 gradu gradatim ad imum . * at the end of the solemn league and covenant , printed by b●…th houses orde●…s by it self , and sent into all counties : and in a collection of ordinances , p. 426 , 427 , 128. * see the commons remonstrance 15 decemb. 1641. exact collection p. 4 , 5 , &c. notes for div a56154e-1380 (a) 2 april 1628. * see the great charter of king john . mat. paris p. 248. magna charta . 9 h. 3. c. 29. 5 e. 3. c. 9. 25 e. 3. c. 4 28 e. 3. c. 3. 37 e. 〈◊〉 . c. 18. 42 〈◊〉 . 3. c. 3. 2 h. 4. 〈◊〉 . parl. 〈◊〉 . 60. 69. the petition of right . 3 caroli . (b) 4 april 1628. * mag. charta , 9 h. 3. c. 29. 35 eliz. c. 2. 3 jac. c. 5. daltons justice of peace , c. 45. 〈◊〉 h. 5. c. 8. (c) 7 may , 1628. 9 h. 〈◊〉 3. c. 29. 5 e. 3. c. 9. 25 e. 3. c. 4. 28 e. 3. c. 3. 15 e. 3. c. 1 , 2 1 h. 4. rot . parl. n. 43. 44 , &c. 〈◊〉 of right , 3 caroli . see my discovery of free-state tyranny , p. 39 , 40 , 41. † petition of right , 3 caroli . (d) 4 april , 1628. * mag : charta , c. 30. 25 e. 1. c. 5 , 6. 34 e. 1. de tallagio non concedendo , c. 1. 14 e. 3. stat . 1. c. 21. stat . 2. c. 1. 15 e. stat . 3. c. 5. 27 e 3. stat . 2. c. 2. 38 e. 3. c. 2. 1 r. 3. c. 2. 21 e. 3. rot . parl. n. 16. 25 e. 3. rot . parl. n. 16. 36 e. 3. rot . parl. n. 26. 45 e. 3. rot parl , n. 26. 1 h. 4. rot . parl. n. 32. 43. 11 h. 4. rot . parl. n. 50. * see rot . par. 17 iohannis 22 , 23 , 24. dors . mat. paris p. 243 to 255. 305 to 312. 838 , 839. 878. 890. 892. 938 , 940 , 941 , 960. & 25 e. 1. c. 1. &c. 28 e. 1. c. 1. & claus. 28 e. 1. m. 〈◊〉 , 8. * exact . 〈◊〉 . p. 20 , 21 , 309. 326. (e) 25 iune , 1628. * mag. charta , 9 h. 3. c. 20. 25 e. 1. c. 1. 6. 34 e. 1. c. 1. 2. 14 e 3. 〈◊〉 . 1. c. 21 〈◊〉 . 2. c. 1. 35 e. 3. 〈◊〉 . 2. c. 1. 15 e. 3. stat . 3. c. 5. 1 r. 3. c. 2. 21 e. 3. 〈◊〉 . 〈◊〉 . n. 16. 36 e. 3. 〈◊〉 .. 〈◊〉 . n. 26. exact coll. p. 382 , 383 , 884 , 857 , 858. (f) exact collection , p. 789 , 790 , &c. (g) 11 , 15 , 19 iune 1628. (h) 〈◊〉 collection p. 885. 6. mr. o : 〈◊〉 . iohns speech and 〈◊〉 〈◊〉 receiving 〈◊〉 p. 13. 15. 16 , 〈◊〉 . 〈◊〉 my declaration and 〈◊〉 〈◊〉 the 〈◊〉 extortion of excise . 〈◊〉 〈◊〉 . 3. 〈◊〉 . 2. 〈◊〉 . 4 〈◊〉 . 4. c. 〈◊〉 . 5 e. 3. c. 8. 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 . (i) exact 〈◊〉 , p. 389 , 390 , &c , 435 , 436 , 877 , 878 , 879 , &c. 887. 19 , 22 , 23 , 24 , 26 , 27 , 28 may 1628. * exact collect. p. 885. * articuli super chartas , cap. 20. (k) 22 , 23 , 24 , 25 march , 1628. and sund●…y daies after . * 52 h. 3. c. 5. 25 ●… . 1. c. 1 , 2 , 3. 28 e. 1. c. 1 , 2. 1 e. 3. stat. 2. c. 1. 9. 2 e. 3. 6. 1. 4. 5 , 10 , 14 , 15 , 25 , 28 , 31 , 36 , 37 , 38 , 42. 45 e. 3. c. 1. 1 , 2 , 3 , 5 , 6 , 7 , 8 , 9 , 12 15 ●… . 2. c. 1. 2. 1 , 2. 4 , 7 , 9. 13 h. 4. c. 1 , 3 , 4. 9 h. 5. c. 1. 2 h. 6. c. 1. 11 h. 7. c. 1. (l) 21 junii , & 9 april 1628. (a) 19 m●…rtii 1627. (b) 6 h. 4. ●… . 8. 3 h. 4. n. 8. &c. 9 h. 4. ●… . 12 , 13 , &c 11 h. 4. 1. 10 , 11. 13 h. 4. 〈◊〉 . 10. 11. cook 4 inst●…t . p. 8. (c) 29 martii 1628. (d) see my plea for the lords , p. 50 , 51 , 52. & 8 h. 6. n. 57 william mildreds cas●… , bu●…gess of london . (e) 3 & 5 maii 16. 8. * see my ple●…●…or ●…he 〈◊〉 , p. 6. (f) exact collection p. 34. to 57 , 66 , 67. &c. (g) jan. 1648. sec t●…e history of 〈◊〉 . (h) the levellers levelled , ●… . p. 21 22. my plea for the lords , p. 25. &c. (i) mat. par●…s hist. anglie , p. 247. see my pl●…a for the lords , p. 5 , 6. ●…xact collecton , p. 655 , 657 , 723 , 724 , 726 , 727. (l) exact co lect●…on p. 7 24. * artic. 27 , 28 , 29. (n) 12 , 1●… may 1628. 28 may 1628. s●… c●…ks 2 ●…st . 〈◊〉 s p 198 , 169. * walsingham , hist. angliae , p. 414. sir edw. cooks 2 institut . s c. 1 : p. 10. * 7 h●… 4. c. 11. * 29. 〈◊〉 3●… m●… , 1628. * see cooks 11. report , f. 84 , . 85 , &c. ●… see my humble remon●…ance against ship-mon●…y . p. 8. * 24 & 28 〈◊〉 . 2 & ●…il . 19. 〈◊〉 , &c. 1628. (o) hovenden ann●… : pa●…s post●… p 700 〈◊〉 736. 〈◊〉 hist. l. 4. c. 14 to 19. god●…n in his life p. 247 to 271. my new discov●…y of 〈◊〉 tyranny p. 77. &c. (p) sec tur●… , 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 . 1634. (q) see the decl●…ation of m●…ch 17. 16. 3. with the sentence against him . * and now in more places the souldiers have wholly withdrawu them both from our churches and ministers . see mr. edwards gangr●…na . * and are they not much more so now ? * are they not now so more than ever ? * are not many souldiers now secretly such , & openly anabaptists , 〈◊〉 , s●…ctaries , revilers of our church , ministers ? and are not some of th●…ir commanders likewise such ? a seasonable, historical, legal vindication and chronological collection of the good old fundamental liberties, franchises, rights, laws of all english freemen ... seasonable, legal, historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all english freemen. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56227 of text r13248 in the english short title catalog (wing p4122). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 156 kb of xml-encoded text transcribed from 32 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56227 wing p4122 estc r13248 14054328 ocm 14054328 102097 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56227) transcribed from: (early english books online ; image set 102097) images scanned from microfilm: (early english books, 1641-1700 ; 288:7) a seasonable, historical, legal vindication and chronological collection of the good old fundamental liberties, franchises, rights, laws of all english freemen ... seasonable, legal, historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all english freemen. prynne, william, 1600-1669. 60 p. s.n., [s.l. : 1654] caption title. attributed to william prynne. cf. wing. date of publication from wing. reproduction of original in national library of scotland (advocates'). marginal notes. eng constitutional history -great britain. great britain -politics and government -1649-1660. a56227 r13248 (wing p4122). civilwar no a seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, right prynne, william 1654 26532 138 0 0 0 0 0 52 d the rate of 52 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2005-12 tcp assigned for keying and markup 2005-12 aptara keyed and coded from proquest page images 2006-11 ali jakobson sampled and proofread 2006-11 ali jakobson text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion a seasonable , historical , legal , vindication , and chronological collection of the good old fundamental liberties , franchises , rights , laws of all english freemen ; ( their best inheritance , birth-right , security , against arbitrary tyranny , egyptian slavery and burdens ) of late years most dangerously undermined , oppungned , and almost totally subverted , under the specious feigned disguise of their defence , enlargement , and future establishment upon a sure basis . it is an universal received principle , and experimental truth , beyond all contradiction , that no natural structure , no arteficial building , no civil or ecclesiastical corporation , realm , reipublicke , government , or society of men ; no art nor science whatsoever , can possibly be erected , supported , established , preserved or continued in their being or well being , without foundations : whereon as they were at first erected , so they must necessarily still depend , or else they will presently fall to utter ruine . hence it is , ( to wave all humane authorities in so clear a verity ) that in god's own sacred uner●ing a word of truth , we find frequent mention of the natural b foundations of the vast natural fabrick of the earth , heavens , and world it self ; of the artificial material c fovndations of the material temple , wals , city ; of gods own most famous city ierusalem ; and of private houses : of the spiritual d foundation of the spiritual temple , city ierusalem , and whole church of god ; even iesus christ himself : of the doctrinal e foundations , and first principles of religion , christianity , salvation : yea , of the political f foundations of kingdoms , reipublikes , churches , governments , states : which being once shaken , undermined , subverted , razed , or destroyed , bring unavoidable ruine and desolation upon them , ( psal. 11. 3. psal. 82. 5 , 6. ier. 50 , 17. & 51 , 15 , 16. mic. 1. 6 , 7 , 9. ) even as we daily see castles , wals , houses , to fall instantly to the ground , and become an heap of confusion , when their foundations are blown up , decayed , or demolished . upon which consideration , those publike laws , which establish , fence , fortifie , support the foundamental constitutions , rights , liberties , priviledges , of any nation , kingdome , reipublike , ( essential to their being and subsistence , as a free or happy people , against the invasions , vnderminings , encroachments , of any tyrants , vsurpers , oppressors , or publike enemies , are usually stiled fundamental laws ; ) and have ever been reputed so sacred , inviolable , immutable , in all ages , upon any preterces of necessity , or publike safety , that most nations , and our own english ancestors , above others , have freely chosen to hazard , yea lose their estates , lives , in their just defence , against such exorbitant tyrannical kings , and other powers , who by force or policy have on leavoured to violate , alter , or subvert them , rather then out of cowardize , scottishnesse , carelessenesse or want of cordial love to the publike , to suffer the last infringement , repeal , or alteration of them , to the inthralling of themselves , or their posterities , to the arbitrary wills of such domineering tyrants , and vsurping poners . now because , after all our old and new ( many yeers ) bloody , costly , dangerous contest , and wars , for the maintenance of our good old fundamental liberties , laws , rights priviledges , against all secret or open underminers of them i clearly behold , with grief of heart , that there is a strang monstrous generation of new tyrannical state hereticks sprung up amongst us ; who are grown i desperately impudent , as not onely to write , but publikely to assert in print , ( in a books , printed by authority , even in capitals in the very title-page ) that the free-men and people of england have no such unalterable fundamental laws and liberties left them by their fore-fathers , ( as our ancestors heretofore contested for , both in the field and parliament-house , with william the conqueror , henry the first , king john , henry the third , edward 1 , 2 , 3. richard the second , with other kings and princes ; and our late parliaments and armies too , with king james , and king charles . ) that neither magna charta , nor the petition of right , nor the laws for trying malefactors by juries of their peers , are fundamentall , or unaltera●le ; but that the state-physitians ( or rather mountebanks ) of our time , ( who are not tied up to them , but left free unto themselves ) may lay them quite aside , either in part or whole , as they see cause : yea , ( having now attained to such a super-transcendent authority , as ) may ( as they assert ) day aside all parliaments and parliamentary wayes , and appoint something else , as more seasonable and proper to us , and as providence makes way for it , if they see it more conducing to the safety and good of the common-wealth , ( that is , to their own private interests , honours , profits , securities , designes , oppressions , rapines , gilded over with this specious pretext . ) and then ●●●emptorily conclude , that to plead for these and other fundamental laws and liberties , as unalterable , ) though the onely 〈◊〉 and badges of our freedom ( is nothing else but to 〈◊〉 the nation : for by such a principle , people doe 〈…〉 their liberty , but are brought under such a kind of tyranny , out of which ( as being worse than the aegyptian bondage ) there is no hope of deliverance . an absurd tyrannical paradox , transcending any i ever yet met with in any author ; stripping us naked of all our long enjoyed laws , liberties , franchises , great charters at once ; tending onely to reduce , and perpetually inthral us under such an absolute aegyptian bondage and tyranny , without any hope of future deliverance from it , which some now endeavour to entail on us and our posterities for ever , by an iron law , and yoke of steel , in stead of restoring to us that glorious freedome , which we have so long expected from them in vain . and because i find the generality of the nobility , gentry , clergie , commonalty , of our nation , after all their , late yeers expensive bloudy wars , and parliamentary disputes , for the defence and preservation of these our ancient hereditary fundamental charters , laws , liberties , priviledges , so strangely degenerated both from themselves , and their heroick prudent ancestors , as that they are more readily inclined , upon every occasion , out of a base , un-christian , un-manly , un-english fear , or scottish cowardice and stupidity , wittingly to desert , betray , surrender them all up into the hands of any invading vsurpers , without the least publike claim , dissertation , defence , or dispute ; then diligently or couragiously to contend for them , as of late they did : so as that which paul once taxed in the slavish besotted corinthians , 2 epist. 11. 20. may be most truly averred of our degenerated , infatuated , english nation : ye suffer if a man bring you into bondage , if a man devour you , if a man take of you , if a man exalt himself , ( above your laws , liberties , franchises , parliaments , kings , nobles , properties , lives , conscience , and a all that is called god , or worshipped ) if a man smite you on the face ; notwithstanding all their manifold late b protestations , vows , covenants , remonstrances , declarations , and publike engagements , to the contrary . and withal , after diligent enquiry , discovering scarce one man of eminencie or power in the nation , nor so much as one of my degenerated temporizing profession of the law , ( even when the c whole body of our laws , and all its professors , are violently assaulted , and devoted unto sudden ruine , by many lawlesse spirits ) who hath so much courage , magnanimity , honesty , zeal , or cordial love to his native country , remaining in his brest , as manfully to appear in publike , for the strenuous necessary defence of these our hereditary , fundamental laws , liberties , rights , franchises , ( though their own , and every other english freeman's best inheritance and security ) for fear of being persecuted , imprisoned , close imprisoned , exiled , condemned , destroyed , as a traytor , rebell , seditious person , enemy to the publike , or disturber of the kingdoms peace , by those who are truly such : i thereupon conceived i could not undertake or perform a more necessary , seasonable , beneficial service for my country , ( and not to be like those , who are ashamed , afraid , for the most part , to own , visit , or be seen in the company of those gallant men , much lesse to assist , defend , and stick close unto them in their dangers , according to the sixth article of their late solemn league and covenant , who have suffered , acted , and stood up most for their common liberties , rights , freedoms , religion , against all invading tyrants , to their great discouragement and betraying ) nor pitch upon any subject more proper for me , either as a common lawyer , or as a constant advocate and sufferer for the publike cause , and liberties of the nation , as well under our late extravagant free-state , as former regal and episcopal arbitrary tyranny , then in this juncture of our publike affairs , to present our whole distracted unsetled kingdome , with an historical and legal vindication , and chronological collection , in all ages , of these ancient hereditary liberties , franchises , rights , contests , laws , charters , records , monuments of former and late times , for their confirmation , and inviolable ob●rvation , which our ancestors and our selves have alwayes hitherto reputed fundamental , unalterable , inviolable , upon any pretext ; and have most eagerly contended for , with the prodigal expence of many millions of treasure , and whole oceans of gallant christian english bloud . and if , upon the serious perusal of them , the uniuersality of our degenerated nation , after their many late solemn protestations , vows , leagues , covenants , remonstrances , inviolably to defend and maintain them , shall 〈◊〉 so undervaelue them now at last , ( as 〈◊〉 actually have done ) as not to esteem them worth the owning , maintaining , vindicating , or perpetuating and longer ; and thereby draw upon their headache real guilt of all those bloudy wars , murders , tumults violences , rapines , oppressions , sins , mischiefs , illegal ta●es , excises , exorbitancies , which their many late yeers pretended necessary defence and preservation have brought upon ou● three whole nations ; let them henceforth , like so man , ●astardly conquered bond slaves , bored thorow the eares● publikely disavow , disclaim , renounce , abiure them , for themselves and their posterities for ever , as meer worthlesse toyes , or pernicious inventions , fit onely to kindle perpetuall wars and discords between king and people , head and members , superiours and inferiours ; or as poor slender cobwebs , ( as now they prove ) fit to hold none within compasse but the very weakest flyes ; broken thorow with 〈◊〉 and impunity by every greater fly , creeping up into any power or supreme authority , by right or wrong ; and swept down to the very ground , by every new broom in the hand of upstart innovators . but if , upon saddest deliberation , they shall really estimate them to be such incomparable , rich , precious jewels , and ancient inheritances , as are every way worth the infinite treasures , warres , blood , cares , consultations , troubles , heretofore and of late yeers expended , both to gain , retain , confirm , and perpetuate them , to them and their posterities for ever , as their principal earthly security and beatitude ; i hope they will all then unanimously henceforth conclude with the poet . non minor est virtus quam quaerere , part a tveri : and both by their votes , and actions , return the self-same peremptory magnanimous answer to any caesar , conqueror , patentate , power , or combination of men whatsoever , ( who shall endeavour by force , fraud , ●●flattery , to compel or perswade them , to sell , resign , betray , 〈◊〉 these their antistrial priviledges , 〈…〉 , to them ) 〈…〉 once did to king ahab , 1 king. 21. 3. the lord forbid ● us , that we 〈◊〉 give ( sell , or betray ) the inheritance of ovr fathers ( and our posterities likewise ) unto thee , or you ; though they should suffer for this answer and refusal , as much as naboth did from bloudy ahab and jez●bel . but whatever low price or estimate this spurious , stupid sordid , slavish age may set upon these richest pearls ; yet for my own particular , upon serious consideration of these chronological collections , and the solemn oathes , protestations , vows , league and covenant , obliging me to defend them to the uttermost ; i value the whole nations publike , and my own ( with my cordial friends ) private interest in them , at so high a rate , that i would rather chearfully part with ten thousand lives , and all the treasures of the nation , were i owner of them , then wittingly , negligently , or unworthily fell , betray , or resign them up to any mortals , or powers whatsoever , upon any pretences or conditions , after all my former publications , contests , sufferings , &c. for their just defence . now to the end all others might now take special notice of the inestimable value our ancestors in all ages have set upon them , and what successive wars , conflicts , they have cheerfully undertaken for their preservation ; i have , at vacant hours compiled this en●uin●vindication and collection of the old fundamental liberties , franchises , laws , of all english free-men , which i shall be que●th to my most beloved native country in generall and every reall her●●●k patron of them in particular , as the best legacie i can leave behind me , both for their 〈…〉 future enfranchisement , immunity , security , from all 〈…〉 tyranny , slavery , and yokes of bondage , under 〈…〉 have a long time languished and 〈…〉 the method i resolve herein to pursue is this : 1. i shall produce some punctual authorities of moment , to evidence , that the kingdome and free-men of england , have some ancient hereditary just rights , liberties , priviledges , franchises , laws and customs , properly called fvndamental : and likewise a fvndamental government , no wayes to be altered , undermined ▪ subverted , directly or indirectly , to the publike prejudice , under pain of high treason in those who shall attempt it , especially by fraud , force , or armed power . 2. i shall in brief propositions present you with the chiefest and most considerable of them , which our ancestors in former ages , and our latest real parliaments have resolved to be , and eagerly contended for , as fundamental , essential to their being and well-being , as a free people , kingdom , reipublike , unwilling to be enslaved under any yokes of tyranny , any arbitrary impositions or powers whatsoever . and then give you a brief touch of their several late unparallel'd violations , both by the edicts and actions of usurping powers . 3. i shall in a chronological way tender you a large historical catalogue of contests , votes , declarations , remonstrances , oathes , vows , protestations , covenants , engagements , evidences , statutes , charters , writs , records , judgements , and authorities , in all ages , undeniably evidencing , declaring , vindicating , establishing , perpetuating these fundamental hereditary rights , liberties , priviledges , franchises , customs , laws , and abundantly manifesting the extraordinary care , industry , zeal , courage , wisdom , vigilancy of our ancestors , to defend , preserve , and perpetuate them to posterity , without the least violation or diminution . 4. i shall vindicate the exellencie , indifferencie , and legality of trying all malefactors whatsoever by juries of their peers , upon legal processe and indictments ; and manifest the illegality , injustice , partiality , dangerous consequences , of admitting or introducing any other form of trials , by new , arbitrary , martial commissions , or courts of high justice , ( or rather * injustice ) inconsistent with , and destructive to the fundamental rights , liberties , priviledges , laws , franchises of the english nation , and of most dangerous president to posterity ; being set up by the greatest pretenders to publike liberty , law , and the chiefest inveighers against arbitrary regal tyranny and power , which never publikely established them by any law , and may fall to imitate them in future ages . each of these i intend to prosecute in distinct chapters in their order for the first of these : that the kingdome and free-men of england , have some ancient hereditary right , liberties , priviledges , franchises , laws and customs , properly called fvndamental ; and likewise a fvndamental government , no wayes to be alt●red , undermined , subvert●d , directly or indirectly , under pain of high●treason in those who shall attempt it , especially by fraud , force , or armed power . i shall confirm the first part of it , by these ensuing punctual authorities of moment , against those a traytorous late-published pamphlets , which professedly deny it , and endeavour a total abrogation of all former laws , to set up a new model , and body of the law , to rule us for the future , according to their pleasures . the first is , the expresse words of the great charters of the liberties of england , granted by b king john , anno 1215. in the 17 yeer of his reign ; regranted and confirmed by king henry the third , in the ninth yeer of his reign , and sundry times afterwards ; and by king edward the first , in the 25 and 28 yeers of his raign : wherein these three kings successively , by their several grand charters under their great seals , did grant , give , and confirm , to all the free-men of the realm of england , for themselves and their heirs for ever , the customs , liberti●s therein contained ; to have and to hold them , to them and their heirs from them and their he●rs for ever . concluding their charters thus : all these customs and liberties aforesaid , which we have granted to be holden within this our realm , as much as appertaineth to us and our heirs , we shall observe . and all men of this our realm , as well spirituall as temporall , ( as much as in them is ) shall observe the same against all persons in likewise . and we have granted unto them , that neither we nor our heires shall procure or do any thing whereby the liberties in these charters contained , shall be infringed or broken . we ●atifying and approving these gifts and graunts aforesaid , confirm and corroborate all the same , for us and our heirs perpetually : and by these presents ( as the later charters run ) do renew the same willing and granting , for us and our heirs , that these charters , and all and singular their articles , for ever shall be stedfastly , firmly , and inviolasly observed . sir edward cook , ( that reverend learned judge and professor of our laws ) in his preface to his second institutes , and p. 2. and 77. thereof , wherein he comments on this great charter , ( printed by two orders of the house of commons in parliament , dated 12 maii. 1641. and 30 junii , 1642. ) resolves in direct terms , that the great charter was for the most part declaratory of the principal grounds of the fvndamental laws of england : that these words therein , [ for as and our heirs for ever ] were added to avoid all scruples ; that this great parliamentary charter might live and take effect in all successions of ages for ever . a clear resolution , that the principal liberties , customs , laws , contained in these great charters , and ratified by them , are both fundamental , perpetual , and unalitrable ; being since confirmed in all points by neer fourty several special acts of parliament in succeeding parliaments : and likewise by the solemn oathes of our kings , nobles , judges , great officers , and of the people too , ( all severall times sworn to defend and maintaine the same ) and by sundry solomn excommunications against the onfringers or contemners of them in any kind ; as i shall prove more fully in the third chapter . the second is , the punctuall resolution of the whole parliament of 1 jacobi , even in a printed act of parliament , chap. 2. and of king james himself , in his speech therein , as is evident by this prologue to that act : whereas his most excellent majestie hath been pleased , out of his great wisdome and judgment , not onely to represent unto us by his own prudent and princely speech on the first day of this parliament , how much he desired ( in regard of his inward and gratious affection to both the famous and ancient realms of england and scotland , now united in allegiance , and by all subjection in his royal person , to his majesty and his posterity for ever ) that by a speedy , mature , and sound deliberation , such a future vnion might follow , as should make perfect that mutual love , and uniformity of maners and customs , which almighty god in his providence , for the strength and safety of both realms , hath so far already begun , in● pparent sight of all the world ; but also hath vouchsafed to expresse many ways , how far it is , and ever shall be , from his royal and sincere care and affection to the subjects of england , to alter or innovate the fundamental and ancient laws , privileges and good customs of this kingdom ; whereby not only his royal authority , but the peoples security of lands , livings , and privileges ( ●oth in generall and particular ) are preserved and maintained ; and , by the abolishing or alteration of the which , it is impossible but that present confusion wil fall upon the whole state and frame of this kingdom , &c. in which memorable clause , these four things are observable , 1. that the kingdom and people of england have fundamental ancient good laws , privileges , and customs . 2. that these are no ways to be altered or innovated ; and that it always hath been , is , and ever shall be , far from the thoughts and intents of all good kings , governours , and parliaments , who bear a sincere care and affection to the subjects of england , to alter or innovate them . 3. that by these ancient good laws , privileges , and customs ▪ not onely the kings regal authority , but the peoples security of lands , livings , and privileges , ( both in general and particular ) are preserved and maintained . 4. that by the abolishing or altering of them , it is impossible , but that present confusion will fall upon the whole state and frame of this kingdome . which i wish all innovators and new modellers of our laws , would now at last lay seriously to heart , and the whole kingdom and english nation sadly consider , who have found it an experimental truth of late yeers , and no imaginary feigned speculation . the third is the remonstrance of the whole house of commons in parliament , delivered in writing to k. james , in the parliament of 7 iac. anno 1610. which begins thus . to the kings most excellent majesty . most gracious soveraign , whereas we your majesties most humble subjects , the commons assembled in parliament , have received , first by message , and since by speech , from your majestie , a command of restraint , from debating in parliament your majesties right of imposing upon your subjects goods exported out of , or imported into this realm , yet allowing us to examine the grievance of these impositions , in regard of quantity , time , and other circumstances of disproportion thereto incident : wee your said humble subjects nothing doubting but that your majestie had no intent by that command , to infringe the ancient and fvndamental rights of the liberty of parliament ▪ in poynt of exact discussing of all matters concerning them and their possessions , goods , and rights whatsoever ; which yet wee cannot but conceive to be done in effect by this command , do with all humble duty make this remonstrance to your majestie . first , wee hold it an ancient , general and vndovbted right of parliament , to debate freely all matters which do properly concern the subject , and his right or estate : which freedom of debate being once fore-closed , the essence of the liberty of parliament is withall dissolved . here the whole house of commons , in a special remonstrance to king james , ( printed and published by order of a committee of the house of commons for licensing of books , dated 20 maii , 1641. 17 caroli ) declare , resolve , vindicate , and maintain , one principal , ancient , fundamental , general , undoubted right of the liberty of parliament , against the kings intrenchment on it : of which should they be but once fore-closed , the essence of the liberty of parliament is withall dissolved . and peradventure it may not be unworthy the most serious disquisition of the next ensuing nominal or real parliament , to examine , whether some clauses and restrictions in the 9 , 12 , 14 , 16 , 17 , 21 , 22 , 24 , 25 , 27 , 30 , 32 , 33 , 36 , 37 , 38 , 39 , 40. articles ( or strings ) of the new instrument , intituled , the government of the common-wealth of england , scotland , and ireland , and the dominions thereunto belonging , as it was publikely declared at westminster the 16 day of december , 1653. &c. do not so much , nay farre more intrench upon the ancient , fundamental , general , undoubted right and liberty of parliament ▪ and parliamentary free debates , to the dissolution of the essential liberty of all future parliaments , as this command of king james did , or as the bishops late canons imposed on the clergy in and by the convocation , anno 1640. ever did ; and this clause in their &c. oath then made , ( now imitated by others , who condemned it : ) ● a. b. do swear , that i will never give my consent to alter the government of this church by arch-bi●hops , bishops , deans , and arch-deacons , &c. as it stands now established , and as by right it ovght to stand : * resolved by the whole house of commons , and peers too , without one dissenting voyce , in parliament , decemb. 1640. to be a most dangerous and illegal oath , contrary to the rights and privileges of parliament , and to the fvndamental laws & statvtes of the realm , &c. and of dangerovs conseqvence . the contriving whereof was objected to the late arch-bishop of canterbury , in his original and additional articles of impeachment , to be high treason ; for which amongst other thigs , he lost his head . the fourth is , the notable petition of grievance of the whole house of commons in parliament , presented to king james in the seventh yeer of his reign , after their vote against his right to lay any impositions on goods imported or exported , without assent of parliament ; in these ensuing words , the policy and constitution of this your majesties kingdom , appropriates unto the kings of this realm , with assent of parliament , as well the soveraign power of making laws , as that of taxing or imposing upon the subjects goods or merchandizes , wherein they have justly such a property , as may not without their consent be altered or changed : this is the cause , that the people of this kingdom , as they have * ever shewed themselves faithful and loving to their kings , & ready to aid them in all their just occasions , with voluntary contributions : so have they been * ever careful to preserve their own liberties and rights , when any thing hath been done to prejudice or impeach the same . and therefore when their princese it her occasioned by war , or by their own bounty , or by any other necessity , have without consent of parlament set on impositions ▪ either within the land , or upon commodities exported or imported by the merchants they have in open parliament complained of it , in that it was done without their consents ; and thereupon * never failed to obtain a speedy and full redress , without any ‖ claim made by the kings , of any power or prerogative in that point . and though the law of property be original , and carefully preserved by the common lawes of this realm , which are as ancient as the kingdom it self ; yet those famous kings , for the better contentment and assurance of their loving subjects , agreed , that this old fvndamental right ( observe the words ) should be further declared , and established by act of parliament , wherein it is provided , that no such charge should ever be laid upon the people without their common consents , as may appear by sundry records of former times . we therefore your majesties most humble commons assembled in parliament , * following the example of this worthy care of ovr ancestors , and ovt of ovr dviy to those for whom we serve , finding that your majesty , without advice of your lords and commons , hath lately ( in times of peace ) set both greater impositions , and far more in nvmber then any yovr noble ancestors did ever in time of war , do with all humility present this most just and necessary petition unto your majesty , that all impositions set withovt assent in parliament , may be qvite abolished and taken away . and that your majesty likewise in imitation of your royal progenitors , will be pleased , that a law in your time , and during this session of parliament , may be also made , to declare , that all impositions of any kind set , or to beset vpon yovr people , their goods or merchandizes , save only by common consent in parliament , are and shall be voyd ; wherein your majesty shall not only give yovr svbjects great satisfaction in point of their right ; but also bring exceeding joy and comfort to them who now suffer , partly through the abating of the price of native commodities , and partly through the raising of all forein , to the overthrow of merehants , and shipping , the causing of general dearth , and decay of all wealth among your people who will be therby no less discouraged , then disabled to supply your majesty when occasion shall require . in which memorable petition , the whole house of commons resolve in direct terms : 1. that the subjects of england have old original fundamental rights , ( and more particularly in the property of their goods , exempted from all impositions whatsoever in times of peace or war , without their common consent in parliament ) declared and ectablished both by the ancient common law of england , and sundry acts of parliament , and records of former times . 2. they declare , the constant vigilant care , zeal of our ancestors and former parliaments in all ages , inviolably to maintain , defend , preserve the same against all encroachments , together with their own care , duty and vigilancy in this kind in that very parliament . 3. they relate the readiness of our kings to ratifie these their fundamental rights by new act of parliament , when they have been violated in any kind . 4. they declare the benefit accruing both to prince and people , by the inviolable preservation and establishment of this old fundamental right , and the mischiefs accruing to both by the infringement thereof , by arbitrary illegal impositions , without full consent in parliament . 5. they earnestly ( in point of conscience , prudence , and duty to those for whom thy served ) petition his majesty , for a new law and declaration against all new impositions & taxes on inland goods , or merchandizes imported or exported , without the peoples free consent in parliament , as null , void , utterly to be abolished and taken away . whether it will not be absolutely necessary for the whole english nation , and the next ensuing notional or real parliament , to prosecute , enact , establish such a declaration and law against all such future arbitrary , illegal , oppressive taxes , impositions , excizes , that have been imposed and continued for many years together on the whole kingdom , by new extravagant , self-created , usurping army-officers , and other powers , without free and full consent of the people in lawfull english parliaments , against all former laws , declarations , and resolutions in parliament , to their great oppression , enslaving , undoing , and that in far greater proportions , multiplicity , and variety , ●hen ever in former ages , without the least intermission ; and likewise against their late declared design , to perpetuate them on our exhausted nation , without alteration or diminution , ( beyond and against all presidents of former ages ) both in times of peace and war for the future , by the 27 , 28 , 29 , 3● , 3● . articles of the instrument entituled , the government of the common-wealth of england , &c. i remit to their most serious considerations to determine , it ever they resolve to be english freemen again , or to imitate the wisdom , prudence , zeal , courage , and laudable examples of their worthy ancestors , from which they cannot now degenerate without the greatest infamy , and enslaving of themselves with their posterities for ever , to the arbitrary wills of present or future usurpers on their fundamental rights and liberties , in an higher degree then ever in any precedent ages , under the greatest conquerours or kings , after all their late , costly , bloudy wars for their defence against the beheaded king . the fifth is , a learned and necessary argument made in the commons house of parliament , anno 7. jacobi , to prove , that each subject hath a propriety in his goods ; shewing also , the extent of the kings prerogative in impositions upon the goods of merchants exported or imported , &c. by a late learned judge of this kingdom , printed at london by richard bishop , 1641. and ordered to be published in print , at a committee appointed by the honourable house of commons , for examination and licensing of books . 20. maii , 1641. in which parliamentary argument , p. 8 , 11 , 16. i finde these direct passages : that the new impositions contained in the book of rates , imposed on merchandizes imported and exported , by the kings prerogative , and letters patents , without consent in parliament , is against the natvral frame and constitvtion of the policy of this kingdome , which is jus publicum regni , and so subverteth the fundamental law of the realm , and introduceth a new form of state and government : can any man give me a reason , why the king can only in parliament make laws ? no man ever read any law , whereby it was so ordained ; and yet no man ever read , that any king practised the contrary ; therefore it is the original right of the kingdom , and the very natvral constitvtion of our state and policy , being one of the highest rights of soveraign power . if the king alone out of parliament may impose , * he altereth the law of england in one of these two main fundamental points ; he must either take the subjects goods from them , without assent of the party , which is against the law , or else he must give his own letters patents the force of a law , to alter the property of the subjects goods , which is also against the law . in this and sundry other arguments , ( touching the right of impositions ) in the commons house of parliament by the members of it , arguing against them , it was frequently averred , and at last voted and resolved by the house , 7. jacobi , that such impositions without consent in parliament , were against the original fundamental laws and property of the subject , and original right , frame , and constitution of the kingdom ; as the notes and journals of that parliament evidence : an express parliamentary resolution in point , for what i here assert . the sixth is , a conference desired by the lords , and had by a committee of both houses , concerning the rights & privileges of the subjects 3. aprilis , 4. caroli , 1628. entred in the parliament journal of 4. caroli , and since printed at london , 1642. in the introduction to which conference , sir dudley diggs , by the commons house order , used these expressions : my good lords , whilst we the commons , out of our good affections , were seeking for money , we found , i cannot say a book of the law , but many a fundamental point thereof neglegted and broken , which hath occasioned our desire of this conference : wherein i am first commanded to shew unto your lordships in general , that the laws of england are grounded on reason more antient then books , consisting much in unwritten customs , yet so full of justice and true equity , that your most honorable predecessors and ancestors propugned them with a nolumus mutari ; and so ancient , that from the saxons daies , notwithstanding the injuries and ruines of time , they have continued in most parts the same , &c. be pleased then to know , that it is an undoubted and fundamental point of this so ancient common law of england , that the subject hath a true property in his goods and possessions , which doth preserve as sacred that meum and tuum , that is the nurse of industry , and the mother of courage , and without which there can be no justice , of which meum and tuum is the proper object . but the undoubted right of free subjects , hath lately not a little been invaded and prejudiced by pressures , the more grievous , because they have been pursued by imprisonment , contrary to the franchises of this land , &c. which the commons house proved by many statutes and records in all ages , in that conference , to the full satisfaction of the lords house ; since published in print . the seventh is , the vote of the a whole house of commons , 16. december , 1640. nullo contradicente , entred in their journal , and printed in diurnal occurrences , p. 13. that the canons made in the convocation ( anno 1640. ) are against the fundamental laws of the realm , the property and liberty of the subject , the right of parliament , and contained divers things tending to faction and sedition . the eighth authority is , b the votes of both houses of parliament , concerning the security of the kingdom of england , and dominion of wales , 15. martii 1641. ordered by the lords and commons in parliament to be forthwith printed and published ( as they were then by themselves , and afterwards with other votes and orders ) resolved upon the question , nemine contradicente , that in case of extream danger , and of his majesties refusal , the ordinance agreed on by both houses for the militia , doth oblige the people , and ought to be obeyed , by the fundamental laws of this kingdom . a very vain , false , absurd , and delusory vote , if there be no such laws , as some now affirm . the ninth punctual authority is , a a second declaration of the lords and commons assembled in parliament , concerning the commission of array ; printed by their special order of 12 januarii , 1642. wherein are these observable passages . the main drift of the answer is to maintain , that the king by the common law may grant such a commission of array as this is , upon this ground , because it 's for the defence of the kingdome : and , that the power which he hath to grant it by the common law , is not taken away by the petition of right , or any former statute , but the king , notwithstanding any of them , may charge the subjects , for defence of the kingdome , so as the charge imposed come not to himself , nor to his particular advantage . these grounds thus laid , extend not to the commission of array alone , but to all other charges that his majestie shall impose upon his subjects , upon pretence of defence of the kingdom : for there is the same reason of law for any other charge that is pretended for defence , as for this . if his majestie by the common law may charge his subjects to finde arms , and other things in the commission enjoyned , because they are for defence of the kingdom ; by the same reason of law , he may command his people to build castles , forts , and bulworks , and after to maintain them with garisons , arms , and victuals , at their own charges : and by the same reason he may compel his subjects to finde ships , and furnish them with men , ammunition , and victuals , and to finde souldiers pay , coat and conduct-money ; provide victuals for souldiers , and all other things necessary for an * army ; these things being as necessary for defence , as any thing that can be done in execution of this commission . and for that exposition of the petition of right , and other statutes therein noted , ( if it should hold ) doth it not overthrow , as well the petition it self , as all other lawes that have been made for the subjects benefit against taxes and other charges , either in this or any other parliament ? these positions thus laid down and maintained , do shake the fundamental laws of the kingdom , ( the ancient birth-right of every subject ) both for the property of his goods , and liberty of his person : nay , they strike at the root of parliaments : what need his * majesty call parliaments to provide for defence of the realm , when himself may compel his subjects to defend it without parliaments ? if these grounds should hold , what need the subjects grant subsidies in parliament for defence of the kingdom in time of real danger , if the king for defence at any times , when he shall only conceive or pretend danger , may impose charges upon his subjects without their consent in parliament ? upon that which hath been said in this and our former declaration , we doubt not but all indifferent men will be satisfied , that this commission of array is full of danger and inconvenience to the subjects of england , and against the fundamental laws of the land , both for property of goods , and liberty of person , &c. 2. as it is against the fundamental laws of the realm , so no statute makes it good , &c. and the lords and commons do upon the whole matter here conclude , that they are very much aggrieved , that after so many declarations and solemn protestations made by his majesty to rule by the known laws of this land , his majesty by advice of his ill-councellors should be perswaded to set such a commission on foot , which is so clearly contrary to the fundamental laws of this land , the right of property , and liberty of the subject , contrary to form●r resolutions of parliament , and to the petition of right . i am certain the generality of the nation are now as much and more aggrieved , that some who were parties to this declaration , and others who have made as many or more declarations and protestations as his majesty ever did , to rule by the known laws of the land , should since this , far exceed his majesty in the like , or more exorbitances in the militia , excises , taxes , impositions , imprisonments , arbitrary extravagant proceedings , and capital executions in new-erected courts of injustice , as diametrically contrary as the kings commissions of array , to the fundamental laws of the land ( four times together so stiled and insisted on , as such , in this one declaration of both houses ) the right of property of the subject , contrary to former resolutions , and the petition of right ; yea ( which is most abominable ) to their own declarations , remonstrances , votes , protestations , vows , solemn leagues and covenants in parliament , to their own eternal infamy , as well as the peoples intolerable oppression and slavery , who thereupon may justly conclude and protest against them , as both houses did in the close of that declaration against the array , viz. * and the lords and commons do and shall adhere to their former votes and resolutions , that all those that are actors in putting of this commission of array in execution , shall be esteemed disturbers of the peace of the kingdome , and the properties and liberties of the subject . the tenth evidence is , a the vote and letter of both houses of parliament sent to his majesty at oxford 9. march 1643. in answer to his majesties of the third of march , wherein there is this passage : we the lords and commons assembled in the parliament of england , &c. have resolved , with the concurrent advice and consent of the commissioners of scotland , to represent to your majesty in all humility and plainness as followeth ; that this present parliament convened according to the known and fundamental laws of the kingdom ( the continuance whereof is established by a law consented to by your majesty ) is in effect denied to be a parliament , &c. and hereupon we think our selves bound to let your majesty know , that since the * continuance of this parliament is setled by a law , ( which , as all other laws of your kingdom , your majesty is sworn to maintain , as we are sworn to our allegiance to your majesty , these obligations being reciprocal ) we must in duty , and accordingly are resolved , with our lives and fortunes , to defend and preserve the just rights and full power of this parliament : to which the earl of essex ( then general ) by both houses direction , in his letter to the earl of forth , jan. 30. 1643. adds this corollary , my lord , the maintenance of the parliament of england , and the priviledges thereof , is that for which we are all resolved to spend our bloud , as being the foundation whereon all our laws and liberties are built : which both the lords and commons assembled in parliament , in their declaration of 23. martii 1643. touching their proceedings upon his majesties letter concerning a treaty of peace ; ( wherein this earls former letter is recited ) thus second : the parliament of england is the only basis , the chief support and pillar of our laws and liberties , &c. and if notwithstanding all these obligations , the king shall * at his pleasure dissolve this parliament , the kingdom is not only deprived of the present , but made uncapable of enjoying the benefit of any future parliament or laws , any longer then shall stand with the will and pleasure of the king , and consequently the fundamentals of all our laws & government are subverted . let the parliament-dissolving officers , army , and their confederates seriously ponder this , with all who shall hereafter sit in parliament , consider it in the first place . the eleventh is , the a ordinance of both houses of parliament , 13. junii 1644. for the forces raised in the county of salop , which begins thus : the lords and commons assembled in parliament , taking into their serious considerations , the great oppressions under which the inhabitants of the county of salop , by reason of insupportable taxes , &c. and the present condition of the county , by reason of the great number of irish rebels that have invaded it , and joyned with papists and other ill-affected persons now in those parts , doth threaten the extirpation of the protestant religion , and the subversion of the fundamental laws and government of the kingdom . for prevention whereof , &c. the twelfth is , b a declaration of the commons of england assembled in parliament , 17 aprilis 1646. of their true intentions concerning the ancient & fundamental government of the kingdom , securing the people against all arbitrary government , &c. wherein they complain , that the enemy being in despair to accomplish his designs by war , do misrepresent our intentions in the use we intended to make of the great successes god hath given us , and the happie opportunity to settle peace and truth in the three kingdoms ; to beget a belief that we now desire to exceed or swerve from our first aims and principles in the undertaking of this war , and to recede from the solemn league and covenant , and treaties between the two kingdoms ; and that we would prolong these uncomfortable troubles , and bleeding distractions , in * order to alter the fundamental constitution & frame of this kingdom , to leave all government in the church loose and unsetled , and our selves to exercise the same arbitrary power over the persons & estates of the subjects , which this present parliament hath thought fit to abolish , by taking away the star-chamber , high commission and other arbitrary courts , and the exorbitant power of the councel table : ( all which we have seen since experimentally verified in every particular in the highest degree , notwithstanding this declaration , by some in late and present power , notwithstanding this publication : ) all which being seriously considered by us , &c. we do declare , that our true & real intentions are , & our endeavor shall be , to settle religion in the purity thereof , * to maintain the ancient & fundamental government of this kingdom , to preserve the rights & liberties of the subject ; to lay hold on the first opportunity of procuring a safe and well-grounded peace in the three kingdoms , and to keep a good understanding between the two kingdoms of england and scotland , according to the grounds expressed in the solemn league and covenant : and lest these generals should not give a sufficient satisfaction , we have thought fit , to the end men might no longer be abused in a misbelief of our intentions , or a misunderstanding of our actions , to make this further enlargement upon the particulars . and first , concerning church-government , &c. because we cannot consent to the granting of an arbitrary and unlimited power and jurisdiction , to neer ten thousand judicatories to be erected within this kingdom , and this demanded in such a way , as is not consistent with the fundamental laws & government of the same , &c. our full resolutions still are , sincerely , really and constantly to endeavour the reformation of religion , in the kingdoms of england & ireland , in doctrine , worship , discipline , and government , according to the word of god , and the example of the best reformed churches , and according to the covenant . we are * so far from altering the fundamental government of this kingdom by king , lords & commons , that we have only desired , that with the consent of the king , such power may be setled in the two houses , without which we can have no assurance , but that the like , or greater mischiefs then those which god ●ath hitherto delivered us from , may break out again , and engage us in a second and more destruct● ve war ; whereby it plainly appears , our intentions are not to change the ancient frame of government within this kingdom , but to obtain the end of the primitive institution of all government , the safety & weal of the people ; not judging it wise or safe , after so bitter experience of the bloudy consequences of a * pretended power of the militia in the king , to leave any colourable autho●ity in the same for the future attempts of introducing an arbitrary government over this nation : we do declare , that we will not , nor any by colour of any authority derived from us , shall interrupt the † ordinary course of justice , in the several courts and judicatories of this kingdom , nor intermeddle in cases of private interest otherwhere determinable , unless it be in case of male-administration of justice ; wherein we shall see and provide , that right be done , and punishment inflicted , as there shall be occasion , according to the laws of the kingdom . lastly , whereas both nations have entred into a solemn league and covenant ; we have , and ever shal be very careful duly to observe the same : that as nothing hath been done , so nothing shall be done by us repugnant to the true meaning and intention thereof , &c. who will not depart from those grounds and principles , upon which it was framed and founded . though the generality of the afterwards-secured and secluded majority of the house of commons , endeavoured constantly to make good this declaration in all particulars ; yet how desperatly the garbled minority thereof , continuing in power after their seclusion , prevaricated , apostatized , and falsified their faith and engagements herein in every particle in the highest degree , we cannot but with greatest grief of heart , and detestation remember , to the subversion , ●uine of our king , lords , commons , kingdom , parliaments , fundamental laws , government , and the peoples liberties , &c. almost beyond all hopes of restitution or reparation in humane probability , without a miracle from heaven . the lord give them grace most seriously to consider of , repent , and really , sincerely , reform it now at last , and not still add drunkenness to thirst , lest they bring them to temporal and eternal condemnation for it in gods own due time , and engender endless wars , troubles , taxes , changes , confusions in our kingdoms , as they have hitherto done . by this full jury of parliamentary authorities , to omit many others of like or a inferiour nature , and less moment , it is undeniable ; that the people of england have both ancient fundamental rights , liberties , franchises , laws , and a fundamental government ; which like the laws of the medes and persians , neither may , or ought to be altered , violated , or innovated upon any pretence , but perpetually maintained , defended , with greatest care , vigilancy , resolution ; and he who shall still deny or oppugne it , deserves no refutation by further arguments , since it is a received maxime in all arts , contra principia negant●●● , non est disputandum ; but rather demerits a sentence of cond●●nation , and publike execution at tyburn , as a common enemy , traytor to our laws , liberties , nation ; it being no less then 〈◊〉 transcendent crime , and high treason by our laws , for any person or persons , secretly or openly , to attempt the 〈◊〉 or subversion of our fundamental laws , rights , liberties , government , especially by fraud , treachery , force , or armed power and violence ( the later part of my first proposal ) which i shall now confirm by these twelve following presidents and evidences , corroborating likewise the former part , that we have such fundamental laws , liberties , rights , franchises , and a fundamental government too . in the b fifth year of king richard the second , the vulgar rabble of people and villains in kent , essex , sussex , norfolk , cambridgeshire , and other countreys , under the conduct of wat tyler , jack straw and other rebels , assembling together in great multitudes , resolved by force and violence to abrogate the law of villenage , with all other lawes they disliked , formerly setled ; to burn all the records , kill and beh●ad all : he judges , iustices , and men of law of all sorts , which they could get into their hands ; to burn and destroy the innes of court , ( as they did then the new temple , where the apprentices of the law lodged , burning their monuments and records of law there found ) to alter the tenures of lands , to devise new laws of their own , by which the subjects shold be governed , to change the ancient hereditary , monarchicall government of the realm , and to elect petty elective tyrannies and kingdoms to themselves in every shire : ( a project eagerly prosecuted by some anarchical anabaptists , jesuits , and levellers very lately , ) and though withall they intended to destroy the king to last , and all the nobles too , when they had gotten sufficient power , yet at first to cloak their intentions for the present , they took an oath of all they met ; quod regi & communibus fidelitatem servarent , that they should keep allegeance and faith to the king and commons ; this their resolution and attempt thus to alter and subvert the laws & government , upon full debate in the parliament of 5. r. 2. n 30 , 31. was declared to be high treason , against the king and against the law , for which divers of the chief actors in this treasonable design were condemned and executed , as traitors , in several places , and the rest enforced to a publike submission , and then pardoned . 2. in the a parliament xl . r. 2. ( as appears by the parliament rolls and printed statutes at large ) three privie coun●cellors , the archbishop of york , the duke of ireland , and earl of suffolk , the bishop of exeter the kings confessor , five knights , six judges , ( where of sir robert trisilian , chief justice was one ) blake of the kings councel at law , vsk and others , were impeached and condemned of high treason , some of them executed as traytors , the rest banished , their lands and goods ferfeited , and none to endeavour to procure their pardon , under pain of felony , for endeavouring to overthrow a commission for the good of the kingdome , and contrary to an act of parliament of force of arms and opinions in law delivered to the king , tending to subvert the laws and statutes of the realm , overthrow the power , priviledges , and proceedings of parliament , and betray ( not all the house of lords , but only ) some of the lords of parliament , which judgment being afterwards reversed in the forced , and packed parliament of 21. r. 2. was reconfirmed in the parliament of 1 h. 4. c 3. 4 , 5. and the parliament of 21. r. 2. totally repealed , and adnulled for ever , and hath so continued . 3. in the a parliament of 17 r. 2. n , 20. and pas. 17. r. 2. b. r s. rot 16. sir thomas talbot was accused and sound guilty of high treason for conspiring the death of the dukes of glocester , lancaster and other peers , who maintained the commission confirmed by act of parliament , x r. 2. and assembling people in a warlike manner in the county of chester , for the effecting of it , in destruction of the estates of the realm ; and of the lawes of the kingdome . 4. in the 29. year of king henry the sixth , jack cade , under a pretence to reform , alter , and abrogate some laws , purveyances and extortions importable to the commons ( whereupon he was called john amend all ) drew a great multitude of kentish people to black heath in a warlike manner to effect it : in the parliament of 29. h. 6. c. 1. this was adjudged high treason in him and his complices ; by act of parliament : and the parliament of 31. h. 6. c , 1. made this memorable act against him , and his imitators in succeeding ages ; worth serious perusual and consideration by all who tread in his footsteps and over-act him in his treasons . whereas the most abominable tyrant , horrible , odious , and erraut false traitor , iohn cade , calling himself sometimes mortimer , sometime captain of kent , ( which name , fame , acts and feats , to be removed out of the speeh and mind of every faithful christian man , perpetually , ) fasly and trayterously purposing and imagining the pertual destruction of the kings person and finall subversion of this realm , taking upon him * royall power , and gathering to him the kings people in great number , by false , svbtil , imagined langvage , and seditiously made a stirring rebellion , and insurrection , under colour of justice for reformation of the laws of the said king , robbing , slaying , spoiling a great part of his faithfull people : our said soveraign lord the king , considering the promises with many other , which were more odious to remember , by advice and assent of the lords spirituall and temporall , and at the reqvest of the commons , and by authority aforesaid , hath ordained and established , that the said iohn cade shal be had named and declared a false traytor to cur said soveraign lord the king ; and that all his tyranny , acts , facts , false opinions , shall be voyded , abated , adnulled , destroyed , and put out of remembrance for ever , and that all indictments in time coming , in like case under power of tyranny , rebellion and stirring had , shall be of no regard , nor effect , but void in law : and all the petitions * delivered to the said king in his last parliament holden at westminster , the sixth day of november , the 29 , of his reign , against his mind , by him not agreed , shall be taken and put in oblivion out of remembrance , undone , voided , adnulled and destroyed , for ever as a thing purposed against god and his couscience , and against his royall estate and preheminence , and also dishonourable , and unreasonable . 5. in the a 8 year of king henry the 8. william bell and thomas lacy , in the county or kent conspired with thomas cheyney ( the hermite of the queen of fairies ) to overthrow the laws and cvstoms of the realm : for effecting whereof , they with 200. more met together , and concluded upon a cause , or raising greater forces in kent , and the adjacent shires , this was adiudged high treason , and some of them executed as traytors , moreover it b was resolved by all the judges of in the reign of henry s. that an insurrection against the statute of labourers , or for the inhansing of salaries and wages was treason , a levying war against the king , because it was generally against the kings law , and the offenders tooke upon them the reformation thereof , which subjects by gathering of power , ought not to do . 6. on a december 1. in the 21. yeer of king henry the 8. sir thomas moor , lord chancellor of england , with 14. more , lords of the privy councel , iohn fitz iames , chief justice of england , and sir anthony fitzherbert , one of the judges of the common pleas , exhibited sundry articles of impeachment to king henry the 8. against cardinall wolsy , that he had by divers and many sundry ways and fashions committed high treason , and notable grievous offences , misusing , altering and subverting the order of his graces laws , and otherwise ; contrary to his high honour , prerogative , crown , estate and dignity royall , to the inestimable great hinderance , dimunition and decay of the universal wealth of this his graces realm . the articles are 43. in number : the 20 , 21 , 26 , 30 , 35 , 47 , 42 , 43. contain , his illegal , arbitrary practices and proceedings to the subversion of the due course and order of his graces laws , to the undoing of a great number of his loving people . whereupon they pray , please therefore your most excellent majesty of your excellent goodness towards the weal of this your realm , and subjects of the same , to see such order and direction upon the said lord cardinal , as may bee to terrible example of others , to beware to offend your grace and your lawes hereafter : and that he be so provided for , that he never have any power , jurisdiction or authority hereafter , to trouble , vex , or impoverish the commonwealth of this your realm ; as he hath done heretofore , to the great hurt and dammage of every man almost , high and low . his * poysoning himself prevented his iudgment for these his practises . 7. the b statute of 1. marie● . 12. enacts , that if 12. or more shall endeavour by force to alter any of the laws or statutes of the kingdome : the offender shall from the time therein limited be adjudged onely as a felon : whereas it was treason before , but this act continuing but till the next parliament , and then expiring , the offence remains treason as before . 8. in the a 39. of queen elizabeth divers in the county of oxford consulted together , to go from house to house , in that county , and from thence to london and other parts to excite them to take arms for the throwing down of inclosures throughout the realm ; nothing more was prosecuted , nor assemblies made ; yet in easter term 39. elizabeth , it was resolved by all the judges of england ( who met about the case ) that this was high treason , and a levying warre against the queen , because it was to throw down all inclosures throughout the kingdome to which they could pretend no right , and that the end of it was to overthrow the laws and statutes for inclosures . whereupon bradshaw and bvrton ( two of the principall offenders ) were condemned and executed at aic●ston hill in oxfordshire , where they intended their first meeting . 9. to come nearer to our present times and case . in the last parliament of king charls . anno 16●0 . 1641 b the whole house of commons impeached thomas earle of stafford , lord deputy of ireland of high treason , amongst other articles , for this crime especially ( wherein all the other centred , ) that he treasonably endeavoured by his words , actions and counsels , to subvert the fundamentall lawes of england , and ireland , and introduce an arbitrary and tyrannicall government . this the whole parliament declared and adjudged to be high treason , c in and by their votes , and a speciall act of parliament for his attainder ; for which he was condemned and soon after executed on tower hill as a traytor to the king and kingdome , may 2● 1641. 10. the whole house of common● the same parliament impeached ` william l●●d archbishop of canterbury , of high treason , in these 〈…〉 1646. first , that he hath traytorously endeavoured 〈…〉 fundamental lawes and government of this kingdome of england , and instead thereof to introduce an arbitrary and tyrannical government against law : and hee to that end hath wickedly and traiterously advised his majesty , that hee might at his own will and pleasure , levy and take money of his subjects without their consent in parliament , and this hee affirmed was warrantable by the law of god . secondly , he hath for the better accomplishment of that his trayterous design , advised and procured sermons and other discourses , to be preached , printed and published , in which the authority of parliaments , and the force of the laws of this kingdome have been denyed , and absolute and unlimited power over the persons and estates of his majesties subjects maintained and defended , not onely in the king , but in himself , and other bishops against the law . thirdly , he hath by letters , messages , threats and promises , and by divers other ways to judges , and other ministers of justice , interrupted , perverted , and at other times by means aforesaid hath endeavoured to interrupt and pervert the course of justice in his majesties courts at westminster and other courts , to the subversion of the lawes of this kingdome , whereby sundry of his majesties subjects have been stopt in their just suits , deprived of their lawfull rights , and subjected to his tyrannicall will , to their ruine and destruction . fourthly , that he hath trayterously endeavoured to corrupt the other courts of justice , by advising and procuring his maiesty to sell places of judicature , and other offices , contrary to the laws and customes in that behalf . fifthly , he hath trayterously caused a book of canons to be compiled and published , without any lawfull warrant and authority in that behalf ; in which pretended canons many matters are contained , contrary to the kings prerogitive , to the fundamentall laws and statutes of this realm , to the rights of parliament , to the property , and liberty of the subject , and matters tending to sedition and of dangerous consequence ; and to the establishing of a vast , unlawful , presumptuous power in himself and his successors , &c. seventhly , that he hath trayterously endeavoured to alter & subvert gods true religion by law est ablished , and instead thereof to set up popish religion and idolatry , and to that end hath declared , and maintained in speeches and printed books , divers popish doctrines , and opinions , contrary to the articles of religion , established by law . hee hath urged and enjoyned divers popish and superstitious ceremonies , without any warrant of law ; and hath cruelly persecuted those who have opposed the same , by corporal punishments , and imprisonments , and most unjustly vexed others , who refused to conform thereunto by ecclesiastical censures , excommunication , suspension , deprivation , and degradation , contrary to the laws of this kingdome . 13. he did by his own authority and power , contrary to law , procure sundry of his majesties subjects , and enforced the clergy of this kingdome to contribute towards the maintenance of the war against the scots . that to preserve himselfe from being questioned for these and other his trayterous courses , hee hath laboured to subvert the rights of parliament , and the ancient course of parliamentary proceedings , and by false and malicious slanders to incense his majesty against parliaments . all which being proved against him at his tryall , were after solemn argument by mr. samuel brown in behalf of the commons house proved , and soon after adjudged , to be high treason at the common law , by both houses of parliament ; and so declared in the ordinance for his attainder : for which he was condemned and beheaded as a traytor against the king , law , and kingdom , on tower-hil , january 10. 1644. 11. in the a same parliament , december 21. ian. 14 : february 11. 1640. and iuly 6. 1641. sir john finch , then lord keeper , chief justice bramston , judge berkley , judge●crawley , chiefe baron davenport , baron weston , and baron turnour , were accused and impeached by the house o● commons , by several articles transmitted to the lords of high treason , for that they had traitorously and wickedly endeavoured to subvert the fundamentall laws and established government of the realm of england ▪ and instead thereof to introduce an arbitrary and tyrannicall government against law ; which they had declared by traiterous and wicked words , opinions judgment , and more especially in this their extrajudical opinion subcribed by them in the case of ship-money , viz. we are of opinions that when the good and safety of the kingdome in general is concerned , and the whole kingdome in danger ; your majesty may by wr●● under the great seal of england ( without consent in parliament ) command all your subjects of this your kingdome , at their charge to provide and furnish such a number of ships , with men victual and ammunition , and for such time as your majesty shall think fit , for the defence and safeguard of the kingdome , from such danger and peril : and we are of opinion , that in such case , your majesty is the sole judge both of the danger and when , and how , the same is to be prevented and avoided ; and likewise for arguing and giving judgment accordingly in master iohn hampdens case , in the exchequer chamber , in the point of ship money in april 1638. which said opinions are destructive to the fundamentall laws of the realm , the subjects right of propriety ; and contrary to former resolutions in parliament , and the petition of right ; as the words of their several impeachments run . sir john finch fled the realm to preserve his head on his shoulders some others of them died through fear , to prevent the danger soon after their impeachments and the rest put to fines , who were less peccant . 12. mr. iohn pim , in his declaration upon the whole matter of the charge of high treason against thomas earle of stafford , april 12. 1641. before a committee of both houses of parliament in westminster hall ; printed and published by order of the house of commons , proves his endeavour to subvert the fundamentall law of england , and to introduce an arbitrary power ; to be high treason , and an offence very hanious in the nature , and mischievous in the effects thereof ; which ( saith he ) will best appear , if it be examined by that universall and supream law , salus populi : the element of all lawes , out of which they are derived : the end of all lawes , to which they are designed , and in which they are perfected . 1. it is an offence comprehending other all offences . here you shall finde severall treasons , murthers , rapins , oppressions , perjuries . there is in this crime , a seminary of all evills , hurtfull to a state ; and if you consider the reasons of it , it must needs be so . the law , is that which puts a difference betwixt good and evill : betwixt just and unjust . if you take away the law , all things wiill fall into confusion ; every man will become a law to himself , which in the depraved condition of humane nature must needs produce many great enormities . * lust will become a law , and envy will become a law , covetousnesse and ambition will become lawes ; and what dictates , what decisions such lawes will produce , may easily be discemed in the late government of ireland , ( and england too since this . ) the law hath a power to prevent , to restrain , to repair evils : without this all kinds of mischiefes and distempers will break it upon a state . it is the law that doth the king to the alegiance and service of his people : it intitles the people to the portection and justice of the king , &c. the law is the bondary , the measure betwixt the kings prerogative , and the peoples liberty , whiles these move in their own orb , they are a support and security to one another : but if these bounds be so removed that they enter into contestation and conflict , one of these mischiefs must needs ensue . if the prerogative of the king overwhelme the liberty of the people , it will be turned into tyranny : if liberty undermine the peprogative it will turne into anarchy . the law is the safegard , the custody of all private interests , your honours , your lives , your liberties , and estates are all in the keeping of the law , without this every man hath a like right to any thing : and this is the condition into which the irish were brought by the earle of strafford , ( and the english by others who condemned him . ) and the reason which he gave for it , hath more mischiefe than the thing it selfe : they are a conquered nation ( let those who now say the same of england , as well as scotland , and ireland , consider and observe what follows , ) there cannot be a word more pregnant and fruitfull in treason , then that word is , there are few nations in the world , that have not been conquered , and no doubt but the conquerour may give what laws he please , to those that are conquered . but if the succeeding acts and agreements do not limit & restrain that right , what people can be secure ? england hath been conquered , and wales hath been conquered ; and by this reason will be in little better case then ireland . if the king by the right of a conquerour give lawes to his people , shall not the people by the same reason be restored to the right of the conquered , to recover their liberty if they can ? what can be more hurtfull , more pernicious than such propositions as these ? 2. it is dangerous to the kings person : and dangrous to his crown : it is apt to cherish ambition , usurpation and oppression in great men : and to beget sedition , discontent in the people , and both these have been , and in reason must ever be causes of great trouble and alterations to prince and state . if the histories of those easterne countries be perused , where princes order their affaires according to the mischievous principles of the earle of straffords loose and absolved from all rules of government ; they will be found to be frequent in combustions , full of massacres , and of the tragicall end of princes . if any man shall look into our own stories in the times , when the laws were most neglected , he shall finde them full of commotions , of civil distempers : whereby the kings that then raigned were alwayes kept in want and distresse , the people consumed with civill warres ; and by such wicked counsels as these , some of our princes have been brought to such miserable ends , as * no honest heart can remember without horror and earnest prayer , that it may never be so again . 3. as it is dangerous to the kings person and crown , so it is in other respects very prejudiciall to his majesty , in honour , profit and greatnesse ( which he there proves at large , as you may there read at leasure ) and yet these are the guildings and paintings , that are put upon such counsells : these are for your honour , for your service . 4. it is inconsistent with the peace , the wealth , the prosperity of a nation . it is destructive to justice , the mother of peace : to industry , the spring of wealth ; to valour , which is the active vertue , whereby the prosperity of a nation can onely be procured , confirmed , and enlarged . it is not onely apt to take away peace , and so intangle the nation with warres , but doth corrupt peace , and powres such a malignity into it , as produceth the effects of warre : both to the * nobility and others having as little security of their persons or estates , in this peaceable time , as if the kingdome had beene under the fury and rage of warre . and as for industry and valour , who will take paines for that , which when he hath gotten , is not his own ? or who fights for that wherein he hath no other interest , but such as is subject to the will of another ? &c. shall it be treason to embase the kings coine ; though but a piece of twelve pence or six pence , and must it not needs be the effect of greater treason to * embase the spirits of his subjects , and to set a stamp and character of servitude upon them , whereby they shall be disabled to do any thing for the service of the king or common wealth ? 5. in times of sudden danger , by the invasion of an enemy , it will disable his majesty to preserve himself and his subjects from that danger . when warre threatens a kingdome , by the comming of a forreign enemy , it is no time then to discontent the people , to make them weary of the present government , and more inclinable to a change . the supplies which are to come in this way , will be unready , uncertain ; there can be no assurance of them , no dependence upon them , either for time or proportion . and if some money be gotten in such a way , the distractions , the divisions , distempers , which this cause is apt to produce , will be more prejudiciall to the publick safty , than the supply can be advantageous to it . 6. this crime is contrary to the pact and covenant between the king and his people , by mutall agreement and stipulation , confirmed by oath on both sides . 7. it is an offence that is contrary to the ends of government . 1. to prevent oppressions ; to * limit and restraeine the excessive power and violence of great men : to open passages of justice with indifference towards all . 2. to preserve men in their estates , to secure them in their lives and liberties . 3. that vertue should be cherished , and vice suppress●d : but where laws are subverted , and arbitrary and unlimited power set up ; a way is open not onely for the security , but for the advancement and incouragement of evill . such men as are * aptest for the execution and maintenance of this power are onely capable of preferment , and others , will not be instruments of any unjust commands , who make conscience to doe any thing against the law of the kingdome , and libbeties of the subject , are not only not passable for imployment ; but subject to much jealousy and danger , ( is not this their condition of late and present times ? expertus quor . ) 4. that all accidents and events , all counsels , and designs , should be improved to the publick good . but this arbitrary power is apt to dispose all to the maintenance of it self . and is it not so now ? 8. the treasons of subversions of the lawes , violation of liberties can never be good or justifiable by any circumstance or occasion , being evil in their own nature , how specious or good so ever they be pretended . he alledgeth it was a time of great necessity and danger , when such counsels were necessary for the preservation of the state , ( the plea since , and now used by others , who condemned him : ) if there were any necessity it was of his own making . he by his evill counsel had brought the king ( as others the kingdome since ) into a necessity ; and by no rules of justice can be allowed to gain this advantage to his justification ; which is a great part of his offence . 9. as this is treason in the nature of it , so it doth exceed all other treasons in this ; that in the designe and endeavour of the authour , it was to be a constant and permanent treason ; a standing , perpetuall treason , which would have been in continuall act , not determined within one time or age , but transmitted to posterity , even from generation to generation . and are not others treasons of late times such , proclaimed such , in and by their owne printed papers , and therein exceeding straffords ? 10. as it is a crime odious in the nature of it , so it is odious in the judgement and estimation of the law . to alter the settled frame and constitution of government in any state . ( let those consider it who are guilty of it in the highest degree , beyond strafford , canterbery , or the shipmoney judges in our own state ) the lawes whereby all parts of a kingdom : are preserved , should be very vaine and defective , if they had not a power to secure and preserve themselves . the forfeitures inflicted for treason by our law , are of life , honour , and estate , even all that can be forfeited : and this prisoner , although he should * pay all these forfeitures , will still be a debtor to the common wealth . nothing can be more equall , then that he should perish by the justice of the law , which he would have subverted . neither will this be a new way of blo●d . there are marks enough to trace this law to the very originall of this kingdome . and if it hath not been put in execution , as he alledgeth this 240 yeares ; it was not for want of law , but that all that time had not bred a man * bold enough to commit such crimes as these : which is a circumstance much aggravating his offence , and making him no lesse liable to punishment , because he is the * onely man , that in so long a time hath ventured upon such a treason as this . thus far mr. john pym ; in the name and by the order and authority of the whole commons house in parliament , which i wish all those , who by their words , actions , counsels ( and printed publications too , have trayterously endeavored to subvert the fundamentall lawes , liberties of england and ireland , and to introduce an arbitrary and tyrannical government against law , as much as ever strafford did , and out stripped him therein , ( ever since his execution ) in all particulars , for which he was beheaded ; would now seriously lay to heart , and speedily reform , lest they equall or exceed him conclusion , in capitall punishments for the same , or endlesse hellish torments . the next authority i shall produce in point is , the speech and declaration of mr. oliver st. john at a conference of both houses of parliament , concerning ship-mony upon judge finches impeachment of high treason , january 14. 1640. printed by the commons orders , london , 1641. wherein he declares the sense of the commons . p. 12. &c. that by the judges opinions ( forecited ) concerning ship-mony the fundamental laws of the realm concerning our property and our persons are shaken . whose treasonable offence herein , he thus aggravates . p. 20. &c. the judges , as is declared in the parliament of 11 r. 2. are the executors of the statutes , and of the judgements and ordinances of parliament . they have here made themselves the * execvtioners of them : they have endevoured the destrvction of the fvnd amentals of ovr laws and liberties . holland in the low-countries lies under the sea : the superficies of the land , is lower than the superficies of the sea . it is capitall therefore for any man to cut the banks , because they defend the country . besides our own , even forreign authors , as comines observes , that the statute de tallagio , and the other old laws are the sea walls and banks , which keep the commons from the inundation of the prerogative . these * pioners have not onely undermined these banks , but they have levelled them even with the ground . if one that was known to be hostis patriae , had done this , thought the dammage be the same , yet the guilt is lesse ; but the conservatores riparum , the overseers instructed with the defence of these banks , for them to destroy them ; the breach of trust aggravates , nay alters the nature of the offence . breach of trust , though in a private person , and in the least things , is odious amongst all men : much more in a publick person , in things of great and publick concernement , because * great trust binds the party trusted to greatest care and fidelity . it is treason in the constable of dover-castle to deliver the keys to the known enemies of the kingdome , because the castle is the key of the kingdome : whereas if the house-keeper of a private person , deliver possession to his adversary , it is a crime scarce punishable by law . the * judges under his majesty , are the persons trusted with the laws , and in them with the lives , liberties and estates of the whole kingdome . this trust of all we have , if primarily from his majesty , and * in him delegated to the judges . his majesty at his coronation is bound by his oath to execute justice to his people according to the laws , thereby to assure the people of the faithfull performance of his great trust : his majesty again , as he trusts of judges with the performance of this part of his oath ; so doth he likewise exact another oath of them , for their due execution of justice to the people , according to the laws : hereby the judges stand intrusted with this part of his majesties oath . if therefore the judges shall do wittingly against the law , they do not onely break their own oaths , and therein the common faith and trust of the whole ki●●dome , but do as much as in them lies , sperse and blemish the sacred person of his majesty with the odious and hateful fin of * perjury . my lords , the hainousnesse of this offence is most legible in the * severe punishment which formour ages have inflicted upon those judges , who have broken any part of their oaths wittingly , though in things not so dangerous to the subject , as in the case in question . * sir thomas wayland , chief justice of the common-pleas , 17 e. 1. was attainted of felony for taking bribes , and his lands and goods forefeited , as appears in the pleas of parlament , 18 e. 1. and he was banished the kingdome , as unworthy to live in the state against which he had so much offended . * sir william thorp chief justice of the kings bench in edward the thirds time , having of five persons received five severall bribes , which in all amounted to one hundred pounds , was for this alone , adjudged to be hanged , and all his goods and lands forfeited : the reason of the judgement is entered in the roll in these words . quia praedictus wilielmus * throp qui sacramentum domini regis erga populum suum habuit ad custodiendum , fugit malitiosè falsò & rebeliter , quantum in ipso suit , there is a notiable declaration in that judgement , that this judgement was not to be drawn into example , against any other officers , who should break their oaths , but onely against those , qui predictum sacramentum fecerunt , & fregerunt , & * habent leges angliae ad custodiendum : that is onely to the judges oaths , who have the laws intrusted unto them . this judgement was given 24. e. 3. the next year in parliament 25 e. 3. numb. 10. it was debated in parliament , whether this judgement was legall ? et nullo contradicente , is was declared , to be just and according to the law : and that the * same judgement may be given in time to come upon the like occasion . this case is in point , that it is death for any judge wittingly , to break his oath in any part of it . this oath of thorp is entred in the roll , and is the same verbatim with the judges oath in 18 e. 3. and is the same which the judges now take . ( and let those who have taken the same oath , remember and apply this president , lest others do it for them . ) your lordships will give me leave to observe the differences between that and the case in question . 1. that of thorp , was only a selling of the law by retail to those five persons ; for he had five severall bribes , of these five persons ; the passage of the law to the rest of the subjects for ought appears , was free and open . but these opinions are a conveyance of the law by wholesale , and that not to , but from the subject . 2. in that of thorp , as to those five persons , it was not an absolute den●all of justice , it was not a damming up , but a straightning only of the chanel . for whereas the judges ought judicium reddere , that is , the laws being the birthright and inheritance of the svbject , the judge when the parties in suit demand judgment , should re● dare , freely restore the right unto them ; now he doth not dare , but vendere , with hazard only of perverting justice ; for the party that buyes the judgement , may have a good and honest cause . but these opinions , besides that they have cost the subjects very dear , dearer then any , nay , i think i may truly say , then all the unjust judgements that ever have been given in this realm , witnesse the many hundred thousand pounds , which under colour of them have been levied upon the subjects , amounting to * seven hundred thousand pounds and upwards , that have been paid unto the treasurer of the navy , ( in sundry years ) besides what the subjects have been forced to pay sheriffes , sheriffes-bayliffes , ( and now an hundred times more to troopers , and souldiers , who forcibly levy their unlawfull contributions , and excises ) and otherwise ; which altogether as is conceived , amounts not to lesse then a million ( in five years space , whereas now we pay above two millions in taxes , imposts , excises , every year ) besides the infinite vexations of the subject by suits in law , binding them over , attendance at the councel table , taking them from their necessary imployments , in making sesses , and collections , and imprisonment of their persons ( all now trebled to what then ) i say besides what is past , to make our miseries compleat , they have as much as in them is made them endlesse ( as others since have done ) for by these opinions they have put vpon themselves and their successors , an impossibility of ever doing us right again , and an incapacity upon us of demanding it so long as they continue ( as the compilers of the late instrument , with 42. strings , intituled , the government of the common-wealth of england , &c. artic. 1 , 2 , 3 , 9 , 10 , 12 , 22 , 24 , 25 , 26 , 27 , 28 , 31 , 32 , 36 , 37 , 38 , 39. have done , as far as they , and much beyond them . ) in that sore famine in the land of egypt , when the inhabitants were reduced to the next door to death ( for there they say , why should we die ? ) for bread , first they give their mony , next their flocks and cattle , last of all their persons and lands for bread ; all became pharaohs ; but by this lex regia , there is a transaction made , not only of our persons , but of our bread likewise , wherewith our persons should be sustained ; that was for bread , this of our bread . for since these opinions , if we have any thing at all , we are not at all beholding to the law for it , but are wholly cast upon the mercy and goodnesse of the king . again , there the egyptians themselves , sold themselves , and all they had to the king , if ours had been so done ; if it had been so done by our own free consent in parliament , we had the lesse cause to complain : but it was done against our wills , and by those who were trusted , and that upon oath , with the preservation of these things for us . the lawes are our forts , and bulwarks of defence : if the captain of a castle , only out of fear and cowardize , and not from any compliance with the enemy surrender it , this is treason , as was adjudged in parliament , 1 r. 2. in the two cases of comines and weston , and in the case of the lord gray , for surrendring barwick castle to the scots , in edward the thirds time , though good defence had been made by him , and that he had lost his eldest son in maintenance of the siege : and yet the losse of a castle ioseph not the kingdome , only the place and adjacent parts , with trouble to the whole . but by the opinions , there is a surrender made of all our legall defence of property : that which hath been preacht is now judged ; that there is no meum & tuum , between the king and people ; besides that which concerns our persons . the law is the temple , the sanctuary , whether subjects out to run for shelter and refuge : hereby it is become templum sine numine , as was the temple built by the roman emperour , who after he had built it , put no gods into it . we have the letter of the law still , but not the sense : we have the fabrick of the temple still , but the dii tutelares are gone . but this is not all the case , that is , that the law now ceaseth to aide and defend us in our rights , for then possession alone were a good title , if there were no law to take it away : occupanti concederetur , & melior esset possidentis conditio : but this : though too bad is not the worst : for besides that which is privitive in these opinions , there is somewhat positive . for now the law doth not only not defend us , but the law it self , ( by temporising judges and lawyers ) is made the instrument of taking all away . for whensoever his majesty or his successors , shall be pleased to say , that the good and safety of the kingdome is concerned , and that the whole kingdome is in danger , the when and how , the same is to be prevented , makes our persons and all we have liable to bare will and pleasure . by this means , the sanctuary is turned into a shambles ; the forts are sleighted , that so they might neither do us good nor hurt ; but they are held against us by those who ought to have held them for us , and the mouth of our own canon is turned upon our own selves : and that by our own military officers , souldiers , and others since , as well as the ship money judges then ) thus farre mr. oliver st. john ( by the commons order ) whose words i thought fit thus to transcribe at large , because not only most pertinent , but seasonable for the present times ; wherein as in a looking glasse , some pretended judges and grandees , of these present and late past times , may behold their own faces and deformities ; and the whole nation their sad condition under them . in the residue of that his printed speech , he compares the treason of the ship-money judges , and of sir robert tresylium and his complices in xi . r. 2. condemned and executed for traytors by judgement in parliament , for endevouring to subvert the lawes and statutes of the realm by their illegall opinions then delivered to king richard at nottingham castle , not out of conspiracy , but for fear of death and corporall torments wherewith they were menaced : whose offence he there makes transcendent to theirs then in six particulars , as those who please may there read at leisure , being over large to transcribe , i could here inform you , that the fundamentall lawes of our nation , are the same in the body politique of the realm , as the arteries , nerves , veins , are in , and to the naturall body , the bark to the tree ; the foundation to the house : and therefore the cutting of them asunder , or their subversion , must of necessity , kill , destroy , disjoyne and ruine the whole realme at once : therefore it must be treason in the highest degree . but i shall only subjoyn here some materiall passages , in his argument at law , concerning the attainder of high treason of thomas earl of strafford , before a committee of both houses of parliament in westminster hall , april 29. 1641. soon after printed and published by order of the commons house : wherein p. 8. he laies down his position ; recited again , p. 64. that ( straffords ) endeavouring to subvert the fundamentall lawes and government of england and ireland , and instead thereof to introduce a tyrannicall government against law , is treason by the common-law . that treasons at the common-law , are not taken away by the statutes , by 25. e. 3. 1. h. 4. c. 10. 1. mar. c. 1. nor any of them . the authorities , judgements in and out of parliament which he cites to prove it , have been already mentioned , with some others he omitted ; i shall therefore but transcribe his reasons to evince it to be treason , superadded to those alledged by him against the ship money judges . pag. 12. it is a warre against the king ( let our military officers and souldiers consider it ) when intended . the alteration of the lawes or government in any part of them . this is a levying warre against the king ( and so treason within the statute of 25 ▪ e ▪ 3. ) 1. because the king doth maintain and protect the lawes in every part of them . 2. because they are the kings lawes . he is the fountain from whence in their severall channels , they are derived to the subject . whence all our indictments run thus : trespasses laid to be done , contra pacem domini regis , &c. against the kings peace for exorbitant offences ; though not intended against the kings person ; against the king his crown and dignity . pag. 64. in this i shall not labour at all to prove , that the endevouring by words , counsels and actions , to subvert the fundamentall lawes and government of the kingdome is treason at the common law . if there be any common law treasons at all left , nothing treason if this not , to make a kingdome no kingdome . take the polity and government away , england's but a piece of earth , wherein so many men have their commerce and abode , without rank or distinction of men , without property in any thing further than in possession ; no law to punish the murdering , or robbing one another . pag. 70 , 71 , 72. the horridnesse of the offence in endeavouring to overthrow the lawes and present government , hath been fully opened before . the parliament is the representation of the whole kingdome , wherein the king as head , your lordships as the more noble , and the commons , the other members are knit together in one body polititick . this dissolved , the arteries and ligaments that hold the body together , the lawes . he that takes away the lawes , takes not away the allegiance of one subject only , but of the whole kingdome . it was made treason by the statute of 13. eliz. for her time to affirm , that the lawes of the realme doe not binde the descent of the crown . no law , no descent at all , no lawes no peerage , no ranks nor degrees of men , the same condition to all . it s treason to kill a judge upon the bench ; this kils not judicem sed jvdicivm . there be twelve men , but no law ; never a judge amongst them . it s felony to embezel any one of the judiciall records of the kingdome : this at once sweeps them all away and from all . it s treason to counterfeit a twenty shilling piece : here 's a counterfeiting of the law : we can call neither the counterfeit nor the true coin our own . it s treason to counterfeit the great seal for an acre of land : no property is left hereby to any land at all , nothing treason now , against king or kingdome ; no law to punish it . my lords , if the question were asked in westminster hall , whether this were a crime punishable in star chamber , or in the kings bench , by fine or imprisonment ? they would say , it were higher . if whether felony ? they would say , that is an offence only against the life or goods of some one , or few persons . it would i beleeve be answered by the judges , as it was by the chief justice thirning , 21 r. 2. that though he could not judge the case treason there before him , yet if he were a peer in parliament ; he wovld so adjudge it . ( and so the peers did herein straffords , and not long after in canterburies case , who both lost their heads on tower hill . i have transcribed these passages of mr. oliver st. iohn at large for five reasons . 1. because they were the voice and sense of the whole house of commons by his mouth ; who afterwards owned and ratified them by their speciall order for their publication in print , for information and satisfaction of the whole nation , and terrour of all others who should after that , either secretly or openly , by fraud or force , directly or indirectly , attempt the subversion of all , or any of our fundamentall laws , or liberties , or the alteration of our fundamentall government , or setting up any arbytrary or tyranicall power , taxes , impositions , or new kinds of arbitrary judicatories , and imprisonments against these our lawes and liberties . 2. to mind and inform all such who have not only equalled , but transcended strafford and canterbury in these their high treasons , even since these publications , speeches , and their exemplary executions , of the hainousnesse , in excusablenesse , wilfulnesse , maliciousnesse , capitalnesse of their crimes ; which not only the whole parliament in generality , but many of themselves in particular , so severely prosecut , condemned , and inexorably punished of late years in them : that so they may bewail , repent of , and reform them with all speed and diligence , as much as in them lies . and withall , i shall exhort them seriously to consider that gospel terrifying passage , rom. 2. 1 , 2 , 3. therefore thou art inexcusable o man , whosoever thou art that judgest ; for wherein thou judgest another , thou condemnest thy self , for thou that judgest , doest the same things . but we are sure that the judgement of god is according to truth against them which commit such things . and thinkest thou this , o man , that judgest them which do such things , and doest the same , that thou shalt escape the judgment of god . 3. to excite all lawyers , expecially such who of late times have taken upon them the stile and power of judges , to examine their consciences , actions , how far all or any of them have been guilty of these crimes and treasons , so highly agravated , and exemplarily punished of former and latter times , in corrupt , cowardly time-serving , degenerate lawyers and judasses , rather then judges , to the disgrace of their profession , and prejudice of the fundamentall lawes , liberties , rights , priviledges of our nation , peers , parliaments , subversion of the fundamentall government of this famous kingdome , whereof they are members . 4. to instruct those jesuited anabaptists , levellers and their factors ( especially john canne , and the rest of the compilers , publishers , abetters of the pamphlet intituled , lieutenam colonel lilburn , tryed and cast , and other forementioned publications : ) who pro●es●edly set themselves by words , writing , counsels and overt acts to subvert both our old fundamentall ( and all other laws ) liberties , customes , parliaments and government , what transcendent malefactors , traytors and enemies they are to the publick , and what capitall punishments , they may thereby incurre , as well as demerit , should they be legally prosecuted for the same ; and thereupon to advise them timely to repent of , and desist from such high treasonable attempts . 5. to clear both my self and this my seasonable defence of our fundamentall lawes , liberties , government , from the least suspition or shadow of faction , sedition , treason , and enmity to the publick peace , weal , settlement of the nation , which those , ( and those only ) who are most factions and sediditious , and the greatest enemies , traytors to the publick tranquility , weal and establishment of our kingdome , ( as the premises evidence ) will be ready maliciously to asperse both me and it , with , as they have done some other of my writings of this nature ; with all which , they must first brand mr. st. john , mr. pym , the whole house of commons , the last two , with all other parliaments forecited , ere they can accuse , traduce , or censure me , who do but barely relate , apply their words and judgments without malice or partiality , for the whole kingdomes benefit and security . to these punctuall full jury of records and parliamentary authorities in point , i could accumulat sir edward cook his 3. institutes , p. 9. printed and authorised by the house of commons speciall order , the last parliament : the severall speeches of mr. hide , mr. walker , mr. pierpoint and mr. hollis ; july 6. 1641. at the lords bar in parliament , by order of the commons house , at the impeachment of the shipmony judges of high treason , printed in diurnall oc●urrences , and speeches in parliament , london 1641. p. 237. to 264. mr. samuel browns argument at law before the lords and commons at canterburies attainder ; all manifesting , their endevouring to subvert the fundamentall laws and government of the nation to be high treason ; with sundry other printed authorities to prove , that we have fundamental laws , liberties , rights , and a fundamentall government likewise , which ought not to be innovated , violated , or subverted upon any pretences whatsoever , by any power or prevailing faction . but to avoid prolixity , ( the double jury of irrefragable and punctuall authorities already produced , being sufficient to satisfie the most obstinate opposites formerly contradicting it ) i shall onely adde three swaying authorities more , wherewith i shall conclude this point . the first is a very late one , in a treatise intituled , a true state of the common wealth of england , scotland and ireland , and the dominions thereunto belonging , in reference to the late established government , by a lord protector and a parliament . it being the judgement of divers persons , who throughout these late troubles , have approved themselves faithfull to the cause and interest of god , and their country : presented to the publick , for the satisfaction of others . printed at london 1654. who relating the miscarriages of the last assembly at westminster , use these expressions of them , p. 13 , 14 , 16 , 17 , 21 , 22. but on the contrary , it so fell out in a short time , that there appeared many in this assembly of very contrary principles to the interest aforesaid , which led them violently on to attempt and promote many things , the consequence whereof woul● have been : a subverting of the fundamentall laws of the land , the destruction of property , and an utter extinguishment of the gospel . in truth their principles led them to a pulling down all and establishing nothing . so that instead of the expected settlement , they were running out into further anarchy and confusion . as to the laws and civil rights of the nation , nothing would serve them , but a totall eradication of the old , and introduction of a new : and so the good , old laws of england , ( the guardians of our lives and fortunes ) established with prudence , and confirmed by the experience of many ages and generations : ( the preservation whereof , was a principall ground of our late quarrel with the king ) having been once abolished , what could we have expected afterward , but an inthroning of arbitrary power in the seat of judicature , and an exposing of our lives , our estates , our liberties , and all that is dear unto us , as a sacrifice to the boundlesse appetite of m●er will and power , &c. things being at this passe , and the house ( through these proceedings ) perfectly disjointed , it was in vain to look for a settlement of this nation from them , thus constituted : but on the contrary , nothing else could be expected , but that the common-wealth should sink under their hands , and the great cause hitherto so happily upheld and maintained , to be for ever lost , through their preposterous management of these affairs , wherewith they had been intrusted . whereupon they justifie their dissolution , and turning them forcibly out of doores by the souldiers , with shame and infamy ; to prevent that destruction which thereby was coming on the whole land , but this new powder treason plot , set on foot by the jesuites and anabaptists , to destroy our laws , liberties , properties , ministers , and religion it self , at one blow , and that in the very parliament house , where they had been constantly defended , vindicated , preserved , established in all former ages by all true english parliaments . the second is , a the votes of the house of commons , concerning a paper presented to them , entituled an agreement of the people for a firm and present peace , upon grounds of common right 9. november , 1647. viz. resolved upon the question , that the matters contained in these papers , are destructive to the being of parliaments , and to the fundamentall government of this kingdome , resolved , &c. that a letter be sent to the generall and those papers inclosed , together with the vote of this house upon them ; and that he be desired to examine the proceedings of this businesse in the army ( where it was first coined ) and return an accompt hereof to this house . these votes were seconded soon after with these ensuing votes , entred in the commons journall , and printed by their special order , 23. november , 1647. a petition directed to the supream authority of england , the commons in parliament assembled , the humble petition of many free born people of england , &c. was read the first and second time . resolved upon the question , that this petition is , a sedititious and contemptuous avowing and prosecution of a former petition and paper annexed , stiled , an agreement of the people formerly adjudged by this house , to be destructive to the being of parliaments and fundamentall government of the kingdome . resolved , &c. that thomas prince cheesemonger , and samuel chidley , be forthwith committed prisoners to the prison of the gatehouse , there to remain prisoners during the pleasure of this house , for a seditious avowing and prosecution of a former petition , and paper annexed , stiled , an agreement of the people , formerly ajudged by this house to be destructive to the being of parliaments and fundamentall government of the kingdome . resolved &c. that jeremy jues , thomas taylor and william larnar , be forthwith committed to the prison of newgate , there to remain prisoners , during the pleasure of this house , for a seditious and contemptuous avowing and prosecution of a former petition and paper annexed , stiled , an agrement of the people , formerly adjudged by this house , to be destructive to the being of parliaments and fundamentall government of this kingdome . resolved , &c. that a letter be prepared and sent to the generall ; taking notice of his proceeding in the execution ( according to the rules of warre ) of a mutinous person ( avowing and prosecuting this agreement in the army contrary to these votes ) at the rendezvouz near ware ; and to give him thanks for it : and to desire him to prosecute that businesse the to bottome ; and to bring such guilty persons as he shall think fit , to condigne and exemplary punishment . resolved , &c. that the votes upon the petition and agreement annexed , and likewise the votes upon this petition be forthwith printed and published . after which by a speciall ordinance of both houses of parliament , 17 december , 1647. no person whatsoever , who had contrived , plotted , prosecuted or entred into that engagement inti●uled the agreement of the people declared to be destructive to the being of parliaments , and fundamentall government of the kingdome , for one whole year , was to be elected , chosen or put into the office or place of lord mayor or alderman , sheriffe , deputy of a ward , or common councel man of the city of london ; or to have a voice in the election of any such officer . all these particulars , with the capitall proceedings against white and others who fomented this agreement in the army , abundantly evidence the veriey of my foresaid proposition , and the extraordinary guilt of those members and souldiers , who contrary to their own votes , ordinances , proceedings and censures of others , have since prosecuted this , the like , or far worse agreement , to the destruction of our ancient parliaments and their priviledges , and the fundamentall government , laws and liberty of our nation , which i wish they would now sadly lay to heart . the third is the memorable statutes of 3. jacobi ch 1 , 2 , 4 , and 5. which relating the old gunpowder treason of the jesuites and papists , and their infernal , inhumane , barbarous , detestable plot , to blow up the king , queen , prince , lords , commons , and whole house of peers with gunpowder , when they should have been assembled in parliament , in the upper house of parliament , upon the fifth of november , in the year of our lord 1605. do aggravate the hainousnesse and transcendency thereof by this circumstance , that it was ( as some of the principall conspirators thereof confessed ) purposely devised and concluded to be done in the said house , that where sundry necessary and religious laws for preservation of the church and state were made ( which they falsely and standerously term , cruel laws enacted against them and their religion ) both place and persons should be all destroyed and blown up at once : and by these dangerous consequences if it had not been miraculously prevented , but taken effect . that it would have turned to the utter ruine , overthrow and subversion of the whole state and common-wealth of this flourishing and renowned kingdome and gods true religion therein established by law , and of our laws and government . for which horrid treason , they were all attainted , and then executed as traytors , and some of their heads , quarters , set up upon the parliament house for terrour of others . even so let all other traytors , conspirators against our fundamental laws , liberties , government , kings , parliaments , and religion , treading presumptuously in their jesuiticall footsteeps , * perish o lord , but let them who cordilally love , and strenuously maintain them against all conspirators , traytors , underminers , invaders whatsoever , be as the sun when he goeth forth in his might : that the land may have rest , peace , settlement again , for as many years at least , as it had before our late innovations , wars , confusions , by their restitution and establishment . chap. ii. having thus sufficiently proved , that the kingdome , and freemen of england , have some ancient , hereditary rights , liberties , franchises , priviledges , customes , properly called fvndamentall , as likewise a fundamentall government , no wayes to be altered , under mined , subverted , directly or indirectly , under the guilt and pain of high treason in those who attempt it ; especially by fraud , force , or armed power . i shall in the second place present you in brief propositions , a summary of the chiefest and most considerable of them , which our prudent ancestors in former ages , and our latest reall parliaments , have both declared to be , and eagerly contested for , as fundamentall and essentiall to their very being and well being , as a free people , kingdome , republick , unwilling to be enslaved under any yokes of tyranny or arbitrary power , that so the whole nation may the more perspicuously know and discern them , the more strenuously contend for them , the more vigilantly watch against their violations , underminings in any kind , by any powers , or pretences whatsoever ; and transmit , perpetuate them intirely to their posterities , as their best and chiefest inheritance . i shall comprise the summe and substance of them all in these 9. propositions ; beginning with the subjects property , which hath been more frequently , universally invaded , assaulted , undermined by our kings , and their evill instruments ; and thereupon more strenuously , frequently and vigilantly maintained , retained by our nobles , parliaments and the people in all ages ( till of late years ) than any or all of the rest put together , though every of them have been constantly defended , maintained , when impugned , or incroached upon by our ancestors and our selves . 1. that no tax , tallage , aid , subsidy , custome , contribution , loan , imposition , excise or other assessement whatsoever , for defence of the realm by land or sea , or any other publick ordinary , or extraordinary occasion , may or ought to be imposed , or levyed upon all or any of the freemen of england , by reason of any pretended or reall danger , necessity or other pretext ; by the kings of england , or any other powers , but onely with and by their common consent and grant , in a free and lawfull parliament duly summoned and elected : except onely such ancient , legall ayds , as they are specially obliged to render by their tenures , charters , contracts , and the common law of england . 2. that no freeman of england ought to be arrested , confined , imprisoned , in any private castles , or remote , unusuall prisons under souldiers or other guardians , but onely in usuall or common gaols , under sworn , responsible gaolers , in the county where he lives , or is apprehended , and where his friends may freely visit and relieve him with necessaries : and that onely for some just , and legall cause expressed in the writ , warrant , or processe , by which he is arre●●ed , or imprisoned ; which ought to be legally executed by known , legal , responsible sworn officers of justice , not unknown military officers , troopers , or other illegall catchpols , that no such freeman ought to be denied bail , mainprise , or the benefit of an habeas corpus , or any other legal writ for his enlargement , when bailable or incumpernable by law ; nor to be detained prisoner for any reall or pretended crime , not bailable by law , then untill the next generall or speciall gaol-delivery , held in the county where he is imprisoned ; where he ought to be legally tried and proceeded against , or else enlarged by the justices , without deniall or delay of right and justice . and that no such freeman may or ought to be outlawed , exiled , condemned to any kind of corporall punishment , losse of life or member , or otherwise destroyed or passed upon , but onely by due and lawfull processe , indictment , and the lawfull triall , verdict and judgment of his peers , according to the good old law of the land , in some usuall court of publick justice : not by and in a new illegall , military , or other arbitrary judicatories , committees , or courts of high justice , unknown to our ancestors . 3. that no freeman of england , unlesse it be by speciall grant and act of parliament may or ought to be compelled , enforced , pressed or arrayed to go forth of his own countrey ( much lesse out of the realm into forreign parts ) against his will in times of warre or peace , or except he be specially obliged thereto by ancient tenures and charters ; save onely upon the sudden coming of strang enemies into the realm , and then he is to array himself onely in such sort , as he is bound to do by the ancient laws and customs of the kingdome still in force . 4. that no freeman of england , may or ought to be disinherited , disseised , dispossed or deprived of any inheritance , freehold , liberty , custome , franchise , chattle , goods whatsoeuer without his own gift , grant , or free consent , unlesse it be by lawfull processe , triall and judgment of his peers , or speciall grant by act of parliament . 5. that the old received government , laws , statutes , customes , priviledges , courts of justice , legall processe of the kingdome and crown ought not to be altered , repealed , suppressed , nor any new from of government , law , statute , ordinance , court of judicature , writs , or legall proceedings instituted or imposed on all or any of the free men of england , by any person or persons , but onely in and by the kingdomes free and full consent in a lawfull parliament , wherein the legislative power solely resides . 6. that parliaments ought to be duly summoned , and held for the good and safety of the kingdome every year , or every three years at least , or so often as there is just occasion . that the election of all knights , citizens , and burgesses , to sit and serve in parliament ) and so of all other elective officers ) ought to be free . that all members of parliament hereditary or elective , ought to be present , and there freely to speak and vote according to their judgements and consciences , without any over-awing guards to terrifie them ; and none to be forced or secluded thence . and that all parliaments not thus duly summoned , elected whilst held , but unduly packed , and all acts of parliament fraudulently and forcibly procured by indirect means , ought to be nulled , repealed , as void , and of dangerous president . 7. that neither the kings nor any subjects of the kingdome of england , may or ought to be summoned before any forreign powers or jurisdictions whatsoever , out of the realm , or within the same , for any manner of right , inheritance , thing belonging to them , or offence done by them within the realm . 8. that all subjects of the realm are obliged by allegiance and duty to defend their lawfull kings , persons , crowns , the laws , rights and priviledges of the realm , and of parliament against all usurpers , traytors , violence , and conspiracies . and that no subject of this realm , who according to his duty , and allegiance shall serve his king in his warres , for the just defence of him and the land , against forreign enemies or rebels , shall lose or forfeit any thing for doing his true duty , service , and allegiance to him therein ; but utterly discharged of all vexation , trouble , or losse . 9. that no publick warre by land or sea ought to be made or levied with or against any forreign nation , or publick truce or league entred into with forreign realms or states , to bind the nation , without their common advice and consent in parliament . 10. that the ancient , honours , manors , lands , rents , revenues , inheritances , right , and perquisites of the crown of england , originally settled thereon for the ease & exemption of the people from all kind of tax●s , payments whatsoever ( unlesse in cases of extraordinary necessity ) and for defraying all the consant , ordinary , expences of the kingdome , ( as the expences of the kings houshold , court , officers , judges , embassadors , garisons , navy and the like ) ought not to be sold , alienated , given away or granted from it , to the prejudice of the crown and burdening of the people . and that all sales , alie nations , gifts , or grants thereof , to the empairing of the publick revenue , or prejudice of the crown and people , are void in law , and ought to be resumed , and repealed , by our parliaments and kings , as they have frequently been in all former ages . for the readers fuller satisfaction in each of these propositions ( some of which i must shew here , but briefly touch , for brevity sake , having elsewhere fully debated them in print ) i shall specially recommend unto him the perusall of such tracates , and arguments formerly published , wherein each of them hath been fully discussed , which he may peruse at his best leasure . the first of these fundamentalls ( which i intend principally to insist on ) is fully asserted , debated , confirmed by 13. h. 4. f. 14. by fortes●ue lord chief justice , and chancellour of england , de laudibus legum angliae , dedicated by him to king henry the 6 f. 25. c. 36. f. 8● . by a learned and necessary argument against impositions in parliament , of 7. jacobi : by a late reverend judge , printed at london 1641. by mr. william hakewell , in his liberty of the subject against impositions , maintained in an argument in the parliament of 7. jacobi : printed at london 1641. by judge crooks , and judge huttons arguments concerning shipmony both printed at london 1641. by the case of shipmony briefly discussed london , 1640. by mr. st. johns argument , and speech against shipmony , printed at london , 1641. by sir edward cook in his 1. institutes , p. 46. and 57. to 64. and 528. to 537. by the 1. and 2. remonstrance of the lords and commons in parliament , against the commission of array . exact collection p. 386. to 398. and 850. to 890. and by my own humble remonstrance against shipmony , london , 1643. the fourth part of the soveraign power of parliaments and kingdomes , p. 14. to 26. and my legall vindications of the liberties of england against illegall taxes , &c. london 1649. and by the records and statutes cited in the ensuing chapter , referring for the most part to the first proposition . the second , third , and fourth of them are la●gely debated and confirmed by a conference desired by the lords , and had by a committee of both houses , concerning the rights and priviledges of the subject , 3. ap●ilis , 4. ca●ol●printed at london 1642. by sir edward cook in his institutes on magna charta . c. 29. p. 45. to 57. by the 1. and 2. remonstrance of the lords and commons against the commission of array , exact collection p. 386. &c. 850. to 890. by judge crooks , and judge huttons arguments against shipmony : by sir robert cotton his posthuma p. 222. to 269. by my breviate of the prelates encroachments on the kings prerogative , and subjects liberties . p. 138. &c. my new discovery of the prelates tyranny , p. 137. to 183. and some of the ensuing statutes , and records . the fifth and sixth of them are fully cleared and vindicated in and by the prologues of all our councils , statutes , laws , before and since the conquest . by sir edward cooks 4. institutes ch. 1. mr. cromptons jurisdiction of courts . title , high court of parliament : my soveraign power of parliaments and kingdomes , p. 1 , 2 , 3 , 4. my legal vindication against illegal taxes , and pretended acts of parliament , london 1649 prynne the member , reconciled to prynne the barrester , printed the same year . my historicall collection of the ancient great councils of the parliaments of england . london 1649. my truth triumphing over falshood , antiquity over novelty . london 1645. and some of the records hereafter transcribed . in this i shall be more sparing , because so fully confirmed in these and other treatises . the seventh is ratified by sir edward cooks 1. institutes , p. 97 , 98. 4. institutes p. 89. and 5. report cawdries case of the kings ecclesiasticall lawes : and rastals abridgement of statutes . tit. provisors , praemunire and rome , 11. h. 7. c. 1. and other records and statutes in the ensuing chapter . the eighth and ninth are fully debated in my soveraign power of parliaments and kingdomes , part. 2. p. 3. to 34. part fourth , p. 162. to 170. and touched in sir robert cottons posthuma p. 174. to 179. how all and every of these fundamentall liberties , rights , franchises , lawes , have been unparalelledly violated , subverted , in all and every particular of late years beyond all presidents in the worst of former ages , even by their greatest pretended propugners ; their own printed edicts , instruments , ordinances , papers , together with their illegall oppressions , taxes , excises , imposts , rapines , violences , proceedings of all kinds , ( whereof i shall give a brief accompt in its due place ) will sufficiently evidence , if compared with the premised propositions . which abundantly confirm the truth of our saviours words , john 10. 1. 10. and this rule of johannis angelius , wenderhagen : politicae synopticae . lib. 3. c. 9. sect. 11. p. 310. hinc regulae loco notandum , quod omne regnum vi armata acquisitum in effectu subdit is semper in durioris servitutis conditiones arripiat , licet à principio ducedinem prurientibus 〈◊〉 videatur . ideo cunctis hoc cavendum , nè temrè 〈◊〉 patiantur . finis . notes, typically marginal, from the original text notes for div a56227e-30 a joh. 17. 17. 2 cor. 6. 7. eph. 1. 12. ja. 1. 18 ▪ b 2 sam. 22. 8 , 16. iob 38. 4 ▪ 6. psal. 18 , 15. & 102. 25. & 1 4. 5. prov. 8. 29. isa. 24 18. & 40 21. & 48. 13. & 51. 13 , 16. ier. 31. 17. 24 ephes. 4 4 heb. 1. 10. & 4. 3 & 9. 26. 1 pet. 1. 20. c 1 king. 5. 17 & 6. 37. & 7. 9 , 10. ezr. 4. 13 & 6 3. ps. 137. 7. ezek. 41. 8. hag. 2. 8. zech. 4 9 & 8. 9 mat. 7 ▪ 26 , 27. luke 6. 48 , 49. d isa. 28. 16. & 54 , 11. psal. 87. 1. 1 cor. 3. 10 , 11 , 12. heb. 11. 10. 1 pet. 2. 6. rev. 21. 14. 19. e 2 tim. 1. 19. heb. 6. 1 , 2. f ier. 50. 15. micah . 1. 6 , 7. l●ke 6. 48 , 49. mat. 7. 26 , 27. a lib. tryed and cast , p. 39 , 40 , 142 , to 4● 154 ] canne's voice from the temple , which perswades the subversion and abolishing of all former lawes , especially for tythes & ministers support . a 2 thes. 24 ▪ b see exact collect and a general collect. 〈◊〉 ordinances , &c. c see culpeper's & lilly's merlins & almanacks , john can's 2 voice , lib. tried and cast . with many petitions and pamphlets against the law and lawyers . the order of aug. 19. 1653. that there should be a committe selected to consider of a new body of the law , for the government of this common-wealth . * summum jus , est summa injuria . cic. de offic●is , p. 611. a lib. tryed and cast , p. 39. 40 , 142. to 148 and elsewhere . john can●●'s 2 voice from the temple . john rogers mene , 〈◊〉 , perex . p 6. lilly and culpeper in their prognostication : anno 1653. & 16 , 4 , see the arimies proposals . b see math. par●s . p. 2. 6 , & magna chart. 9. 11. ● h. 3. c. 1. & 38. 25 e. 1. c. 1 , &c. 28 e 1 , c. 1 , &c cook●s 2 instit. p. 2. not● see prop. 1 & 6 in chap 2. nota. * see cant. d●●m . p ▪ 19 , 26 , 40. d●urn . occu● rences , p. 13 see propos. 1. in chap. 2. * o how are they now degenerated ! nota. * and should they not be so now , then ? * and shal we now at last fail herein ? ‖ how dare then any self-created powers who are neither kings nor parliaments now arrogate to themselves , or exercise such a super-regal arbitrary power and prerogative ? nota. * and o that we would follow it now again ! nota. * and do not those do so , who now lay monthly taxes , excizes , customs , and new-impost on us daily out of parliament , and that for many months and years yet to come , against the letter of their own instrument and oath too ? a see canterburies doom , p. 19. diurnal-occurrences , p. 13. b exact collection , &c. p. 112 , 113. see chap. 2. p●oposition 3. 7. a exact collection , p. 850. 854 , 887 , 888. * do not the army-officers now enforce them to all this without a parliament ? * these expostulations reach to those at white-hall now , who presume to impose taxes , customs , excises , and make binding laws , which no kings there ever did in like nature , nor their counsels in any age . * exact collection , p. 888. a a collection of all publick orders , ordinances and declarations of parliament , p. 451 , 452 , 457 , 458. * yet forcibly dissolved by the army , and some now in power , against their commissions , oaths , trusts , protestation , covenant , and an act of parliament for their continuance ; who may do well to peruse this clause . see chap. 2. proposition 6 , 7. * how much more then , if the army , or army-officers shall do it , without question or exemplary punishment again and again , and justifie it still in print ? a a collection , &c. p. 504. b a collection , &c. p. 877 , 878 , 879. * and is not this now proved a real experimental truth , in some of these remonstants , to their shame ? * and can most of th●se remonstrants in late or present power , now say this in truth or reality ? and must no● they be utterly ashamed , confounded before god and men , when they consider how they have dissembled , prevaricated with god and men herein in each particular ? * and can the new modellers of our government over and over , who were parties to this declaration , and then members of the commons house , say so now ? or read this without blushing and self-abhorrence ? * is not a superintendent power in and over the army , above and against the parliament or people , far more dangerous and likely to introduce such an arbitrary government in the nation , if left in the general officers , or their councils power ? † did not the imposing a strange new engagement , and sundry arbitrary committees of indemnity , &c. interrupt it in the highest degree ; and the misnamed high courts of justice , and falsifie this whole clause ? a see the humble remonstrance against the illegal tax of ship-money , p. 1 , 2 , 3. the case of ship-money briefly discussed , p. 2. &c. englands birth-right , and other treatises . b wasingham , s●ow , holinshed , speed , grasten , baker , an : 5 r : 2 : john stows survay of london , p. 89 to 103 : mr: st. johns argument at law , at straffords attainder 〈◊〉 . a s●ow , holl●nshed , speed graston , baker in xi 31. r : 2 : and 1 : h : 4. s●atu●es at large , 11 : and 21. r : 2 : & 1h : 4. st : johns speech concerning the 〈◊〉 judges , p ▪ 8 to 37 : and argument at law , at straffords attainder . a mr. st. iohn at law against straffords attainder , p. 13 : 〈◊〉 , 17. * and have not others of 〈◊〉 assumed to themselve ; more royal power 〈◊〉 resolved to be treason by 21. e. 3. 〈…〉 . not● . * to wit . by c●de and his confederates for the alteration of the laws , &c. a see mr. s● . iohns argument 〈…〉 b cooks 3 institutes , p. 9. 10. a cooks 4 institues , ch. 8. p. 89. ●● 96. * see speed hollinshed grafton s●ow antiquitates ecclesia , brit . p. 378. & 379. and goodwin in hi● life time . b mr. s iohns argument against stra●ford a cook 3 inst. c. 1 , 9 , 10 and m : st : johns argument at law , against strafford p. 15 , 16. b see the journals of both houses , and act for his attainder , mr. pyms declaration upon the whole matter of the charge of high treason against him , april the 12. 1641 : m● . st : johos argument at law at his attainder , and diurnal occurrences . c see the commons and lords journals , his printed impeachment : mr: pyms speech thereat . canterburies d●●m , p : 25 , 26 ▪ 27 , 38 , 40 ▪ see chap. 2. proposition 1. a see the commons and lords iournals , diurnal occurrences , p. 15. 16. 19. 37 ▪ 191. to 264. and m. s. johns speech at a conference of both houses of parliament concerning shipmoney and these judges . together with the speeches of m●hide mr. walker , mr , pierpoint , mr. denzil hollis , at their impeachments , july 16. 1641. aggravating their offences in diurnal occurrences and speeches . see ch. 2. proposition 1. 〈◊〉 . h●d are they not so now● ▪ nota. nota. * note this all whole commons-house opinion then . * is not this an experimental truth now ▪ * and were they ever so base , cowardly , slavish as now ? * was ever their power , violence so unlimited unbounded in all kinds as now ? * is it not most true of late and still ? nota. nota. * and others , as well as he , of farre inferiour place and estate . * but have not our times bred men much bolder then he , since this speech was made , and he executed ? * since he hath many followers . * have none done so since them ? see chap. 2. proposition 1. * have not others pioners and jasses done the like ? * this is now grown a mere paradox . * what are they now of late times of publick changes ? * see 27. h. 8. c. 24. 26. magna charta . c. 12. 26. 32. h. 3. c. 1. 3 , 5. 9 , 20 ▪ 3 ▪ e. 1. c. 44. 45 , 46. 13 ▪ e. 1. 10 , 12. 30 , 31 , 35 , 39. 44 , 45. 25 ▪ e ▪ 1. c. 1 , 2. 27 ▪ e. 1. c. 2 , 3. 34. e ▪ 1. c. 6. 12 ▪ e. 2. c. 6. 2 ▪ e. 3. c. 3. 14 ▪ e. 3 ▪ c. 10. 16. rastal justices . * was it ever so frequent a sin as now in all sorts of late judges officers subjects ? * do none deserve as severe now ? * see cooks 3. instit. p. 146 , 147 , and f. . 133 hollished p. 284. 215. speeds hystory p. 651. stow walsingham , daniel in 18. ed. 1. * see cooks 3. instit. p. 145. * have none of thi , name , or of his functian since done the like in an higher degree ? * let custodes legum & libertatum angliae remember it . * let the repater and others considr● it . * this is nothing in comparison to the late taxes or excises imposed on the subjects , without a parliament amounting to above 20 times as much as the kings shipmo●y , and more frequent , uncessa● , and endless then it . a see my speech in parliament . p. 100. to 108. see speeds history , p. 1250 and mr. john vica●'s history of the gunpowder treason , and the arraignment of traytors . * judges 5. 3● . irenarches redivivus. or, a briefe collection of sundry usefull and necessary statutes and petitions in parliament (not hitherto published in print, but extant onely in the parliament rolls) concerning the necessity, utility, institution, qualification, jurisdiction, office, commission, oath, and against the causlesse, clandestine dis-commissioning of justices of peace; fit to be publikely known and observed in these reforming times. with some short deductions from them; and a touch of the antiquity and institution of assertors and justices of peace in other forraign kingdomes. together with a full refutation of sir edward cooks assertion, and the commonly received erronious opinion, of a difference between ordinances and acts of parliament in former ages; here cleerly manifested to be then but one and the same in all respects, and in point of the threefold assent. published for the common good, by william prynne of lincolns-inne, esq. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91198 of text r203239 in the english short title catalog (thomason e452_23). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 122 kb of xml-encoded text transcribed from 25 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91198 wing p3987 thomason e452_23 estc r203239 99863268 99863268 115458 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91198) transcribed from: (early english books online ; image set 115458) images scanned from microfilm: (thomason tracts ; 72:e452[23]) irenarches redivivus. or, a briefe collection of sundry usefull and necessary statutes and petitions in parliament (not hitherto published in print, but extant onely in the parliament rolls) concerning the necessity, utility, institution, qualification, jurisdiction, office, commission, oath, and against the causlesse, clandestine dis-commissioning of justices of peace; fit to be publikely known and observed in these reforming times. with some short deductions from them; and a touch of the antiquity and institution of assertors and justices of peace in other forraign kingdomes. together with a full refutation of sir edward cooks assertion, and the commonly received erronious opinion, of a difference between ordinances and acts of parliament in former ages; here cleerly manifested to be then but one and the same in all respects, and in point of the threefold assent. published for the common good, by william prynne of lincolns-inne, esq. prynne, william, 1600-1669. england and wales. parliament. [4], 44 p. printed for michael spark at the bible in green-arbor, london : 1648. annotation on thomason copy: "july. 13". reproduction of the original in the british library. eng coke, edward, -sir, 1552-1634. justices of peace -england -early works to 1800. a91198 r203239 (thomason e452_23). civilwar no irenarches redivivus. or, a briefe collection of sundry usefull and necessary statutes and petitions in parliament: (not hitherto published prynne, william 1648 21985 20 5 0 0 0 0 11 c the rate of 11 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 apex covantage keyed and coded from proquest page images 2007-05 john latta sampled and proofread 2007-05 john latta text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion irenarches redivivvs . or , a briefe collection of sundry usefull and necessary statutes and petitions in parliament ( not hitherto published in print , but extant onely in the parliament rolls ) concerning the necessity , vtility , institution , qualification , jurisdiction , office , commission , oath , and against the causlesse , clandestine dis-commissioning of justices of peace ; fit to be publikely known and observed in these reforming times . with some short deductions from them ; and a touch of the antiguity and institution of assertors and justices of peace in other forraign kingdomes . together with a full refutation of sir edward cooks assertion , and the commonly received erronious opinion , of a difference between ordinances and acts of parliament in former ages ; here cleerly manifested to be then but one and the same in all respects , and in point of the threefold assent . published for the common good , by william prynne of lincolns-inne , esq. exodus 18. 21 , 22. thou shalt provide out of all the people , able men , such as feare god , men of truth , hating covetousnesse , and place such over them , to be rulers of thousands , and rulers of hundreds , and rulers of fifties , and rulers of tens ; and let them judge them at all times . josh. 24. 25. so joshua made a covenant with the people that day , and set them a statute and an ordinance in sechem . london : printed for michael spark at the bible in green-arbor , 1648. to the reader . courteous reader , i here present thee with a briefe collection of some concealed usefull records , petitions and acts of parliament ( not hitherto printed , and almost quite buried in oblivion ) concerning justices of the peace , not altogether unworthy thy knowledge and consideration ; together with some deductions from them , and a concise refutation of sir * edward cookes and others received mistaken difference between acts and ordinances of parliament in preceding ages ; who neither knew nor made any such distinction between them , as is now beleeved . my sole ayme and intention in reviving and publishing them , is , thy information , and the common good and settlement , which ignorant or wilfull mistaks have much interrupted . if thou receive any new light or benefit by them , give god the glory , and let the author onely enjoy thy favourable acceptance of this weake publicke service for thine and his countries welfare , to which he hath devoted most of his time and studies . and so much the rather , to excite and encourage others ( especially inne , of court gentlemen , whose industry and study of the records , laws & statuts of the realm , is much declined of late yeers ) to apply their minds and studies principally , not to meer private gainfull lucubrations , but to subjects of most publike concernment , and best advantage to the republike ; to prevent the introducing of tyranny , anarchy , arbitrary government , or any destructive encroachments upon the peoples liberties & our lawes , in this present or succeeding ages , by any powers whatsoever ; which will inevitably creepe in upon us by degrees , if the study of the records & laws of the realm be either discontinued , neglected , obstructed ; or the ordinary course of law and justice altered or interrupted , by any new arbitrary ordinances or proceedings before new-erected committees , which our ancestors in former parliaments never heard of , nor transmitted to posterity . farewell . irenarches redivivus . or , a brief collection , &c. the institution of justices of peace in every county and city of the realm , being ( as sir a edward cook asserts ) such a form of subordinate government , as no part of the christian world hath the like , if it be duly executed ; i conceived it neither unseasonable , nor unprofitable , to publish to the world some records , acts and petitions of parliament , concerning the nomination , constitution , jurisdiction , commission , office , oath , and against the undue & arbitrary dislocation of justices of the peace , not hitherto published in print by any who have written of this subject , with some brief observations thereupon , necessary for our present times , which pretend so much to an exact reformation of all corruptions both in church and state . what lawes have been made in this our realm , for the punishment of violaters and infrin●ers of the peace , before the conquest , you may read in the b lawes of king ine , cap. 6. 46. in the lawes of king alured , cap. ●5 , 21 , 34 , 36. and others ; what care forreign princes and states have anciently taken to preserve the peace of their kingdoms , to punish malefactors and disturbers of it , and by what penalties and officers , those who please may inform themselves by perusing capitularia caroli & ludovici , imp. lib. 1. cap. 61. lib. 2. cap. 11 , 12 , &c. lib. 3. cap. 1 , 4 , 22 , 23 , 25 , 26 , 27 , 44 , to 51. addit . lud. 4 tit. 26. & 3 tit. 15 , 63. c leges wisigothorum , lib. 2 , 6 , 7 , 8 , 9. leges burgundiorum , lex 9 , 10 , 11 , 12 , 25 , 26 , 27 , 33 , 37 , 41 , 70 , 71 , 80 , 89. legis burgundiorum additamentum primum , tit. 4 , 5 , 6 , 7 , 10. leges salicae , tit. 2. to 69. leges alemannorum , c. 40. to 99. leges bajuvariorum , tit. 2 , 7 , to 19. leges ripuariorum , c. 1 , to 55. leges saxonum , tit. 1 , 2 , 3 , 4 , 5 , 9 , 10 , 11 , 15. leges angliorum , tit. 1 , to 11 , 14 , 16. leges frisionum , tit. 1 , 4 , 5. 12 , 13 , 19 , 20 , 21. & adtidio sapientum , cap. 1 , to 9. leges longobardorum , lib. 1. lib. 2. cap. 46 , 58. constitutionum sicularum , lib. 1. cap. 1 , 9 , to 30 , 37 , 41. lib. 2. cap. 1 , to 8. lib. 3. cap. 37 , to 80. which for brevity sake , i can but mention : onely i cannot pretermit , how i finde the very title and office of an assertor , or justice of the peace , thus expressed and described among the ancient lawes of the wisigoths , ( first composed by king theodoricus about the yeer of our lord 437. ) d lib. 2. cap. 16. omnium negotiorum causas ita judices habeant deputatas , ut & criminalia , & cetera negotia terminandi sit illis concessa licentia . pacis autem assertores , non aliàs derimant causas , nist quas illis regia deputaverit ordinandi potestas . pacis autem assertores sunt , qui sola faciendae pacis intentione regali sola destinantur auctoritate . and cap. 26. quoniam negotiorum remedia multimodae diversitatis compendio gaudent , ideo dux , comes , vicarius , pacis assertor , tyuphadus , millenarius , centenarius , decanus , defensor , numerarius , & qui ex regia jussione , aut etiam ex consensu partium judices in negotiis eliguntur , sive cujuscunque ordinis omnino persona , cui debitè judicare conceditur , ita omnes in quantum judicandi potestatem acceperint judicis nomine censeantur ex lege ; ut sicut judicii acceperint jura , ita & legum sustineant five commoda , sive dampna . by which it is apparent , that justices and assertors of the peace were in ancient times a speciall and peculiar office among the wisigoths , authorized by commissions from their kings , to hear and determine matters of the peace , according to the lawes ; and that they were comprized under , and honoured with the title of judges , by the lawes of that nation . to which i shall further adde , that among the e siculan or neopolitan lawes , compiled by the emperour frederick the second , about the yeer of our lord 1221. constitutionum sicularum . l. 1 ; tit. 8. de cultu pacis , & generali pace in regno servanda . i meet with justiciarii regionum , justices of peace appointed in every county , who were to preserve the peace of the kingdom , in all and singular parts of that realm , to whom all complaints of breach of the peace , violence and crimes were to be made . and tit. 41. de officio justitiariatus , i read both the title , office and commission of these justices thus set forth , almost in paralel terms with our commissions of the peace at this very day . justiciarii nomen & normam jus & justjtiam contulerunt , quibus quantò magis in nomine sunt affines , tanto eorum veri & solliciti debent esse cultores . hinc est quod ipsorum judiciis causae capitales maximè reservantur , & quod ipsorum officium debet esse gratuitum , nec ipsum licet alicui pretii venalitate mercari : quae igitur ad ipsorum cognitionem pertinent , praedecessorum nostrorum assisiis comprehensa , apertius diffinimus : latrocinia scilicet magna , furta , fracturae domorum , insultus excogitati , incendia , incisiones arborum fructiferarum & vitium , vis mulieribus illata , duella , crimina majestatis , arma moluta , defensae impositae & contemptae aliis vel pro aliis ab eisdem , & generaliter omnia , de quibus convicti poenam sui corporis , vel mutilationem membrorum sustinere deberent . magnum autem furtum accepimus , ultra viginti angustales , etiamst civiliter de furto ipso agatur ; ut etiam tamen de quantitate minori coram justiciario ad corporalem poenam criminaliter possit accusatio intentari , &c. tit. 43. this oath is prescribed both to the chief justice and justices of provinces of inferiour rank , when they took their places . vt deum & justitiam babendo prae oculis , vnicuique justitiam faciant fine fraude ; & quàm citius poterini , litigantes expedire curabunt . and tit. 48 , 49 , 50 , 51 , 52. we have a description , what persons those justices ougot to be , how and when they were to ride their circuits , keep their sessions , and make generall inquiries throughout their severall provinces and parts of provinces , of malefactors , persons of ill life and conversation , and how to proceed and punish them after presentments and conviction : much like to the proceedings of our justices of the peace , and oyer and terminer here in england . besides , i read in the ancient author aeschines , of an {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , or pacis custos , a keeper or justice of peace , which it seems was an office even among the ancient grecians . all which none of our writers of justices of the peace having formerly observed , i thought not impertinent briefly to touch for their greater honour and encouragement . when justices of peace were first instituted in england , is not much materiall : f sir edward cook informs us , that in ester term , 6 e. 1. coram rege ; was the first institution of justices for the conservatiō of the peace : others deem them more ancient , and many * think they were first of all appointed by the statute of 1 e. 3. parl. 2. cap. 16. or 18 e. 3. c. 2. i shall not debate the poynt , but proceed to what i intend . in the parliament of 6 e. 3. rot . parl. n. 5 , 6. sir jeoffry le scroop , in the presence of the king , prelates , lords and commons , by the kings command , declared , that this parliament was called as well to redresse the breach of the law and peace , as for the king's going to the holy land ; for which end he desired their councell and advice : whereupon the bishops and proctors of the clergy went by themselves , and the earls , barons and other great men by themselves , to consult therein : after which the bishops and proctors of the clergy returned this answer , that it did not properly appertain to them to give any councell in matters of peace , and to prescribe punishments for malefactors . the earls , barons and other great men returning afterwards ; answered all to the king by the mouth of beamont , that they think the best course to preserve the peace is , that certain justices should be constituted in every county , and have power to appoint in every parish certain men with the constables , for the apprehending of malefactors , and for the levying of hue and cry after them . which things being thus ordained by the earls , barons and other great men , and read before the king , prelates , knights of counties , and the commons , were pleasing to them all : and it was likewise assented and agreed by the king , prelates , earls , barons , and other great men , and likewise by the knights of shires , and commons in parliamenc , that a sentence of excommunication , then read and approved , should be published in every church throughout the realm , to excommunicate all breakers of the peace , and all such as should defend and receive them , or be privy thereto . in the parliament of 8 e. 3. rot . parl. n. 5. ( not printed ) it was enacted , that justices of the one bench and of the other , justices of assize , and justices of the peace in every county , shall enquire and determine of false jurors and maintainers : and the king by his letters patents hath charged all archbishops and bishops weekly to pronounce in every parish an excommunication against all such offenders . in the parliament rolls of 17 e. 3. there are these notable acts of parliament , and petitions concerning justices of the peace , their necessity , authority , commission , &c. never yet published in print to my knowledge . num. 10. item , it is to be remembred , that on friday the second day of may , our lord the king , the said prelates , earls and barons , and other great men , and the commons came into the white chamber , and there the chancellour proposed on the behalf of our lord the king , how the king upon his return out of brittain , had understood , that divers oppressions and grievances had been done to his people of england , as well in his absence as in his presence , and that the law of the land was not at all so well maintained as it ought , because of divers impeachments and maintenances made in divers manners . and how the king desired soveraignly , that the law should have its equall course between the poor and the rich , and that it should be held and maintained in its right course without impeachment : wherefore our lord the king would have their councell and advice , how such impeachment and vicious maintenance might be best removed , and the law best kept and held in its right course , in such sort , as it might be equall to the poor and to the rich . and upon this , were the said prelates , earls , barons , and other great men charged by themselves , and the g commons by themselves , to treat and aduise , and to report their advice on saturday next ensuing : at which day the knights of the counties , and the other commons delivered their advice in form as followeth . num. 11. most excellent and most honourable lord , the people of your commonalty recommend themselves to you obediently , and thank you here openly , as much as their meannesse will suffer , for that so tenderly you undertake to maintain the peace and the quiet of your people : and it seems to them , that it will be a good and sure thing , for the chastisement of evil , and salvation and ayde of good people , that certain justices should be chosen now at this parliament , by assent of the great men , and of the commons ; and that the said justices shall be sworn now at this parliament before the peers of the land , and the commons , and in their sessions ( per eugyn ne nul home ne soit susduit ) that no man may be seduced ( or over-reached ) by craft ( mes mesnes per deiu & bone foy ) but treated by due and good faith , and the good laws in these times used to hear and determine felonies , trespasses , conspiracies , consederacies and evil maintenance : and that commissions may be made to the justices so chosen , to go to the counties where it shall be h best ( or needfullest ) and that the parts of their commissions aforesaid shall be shewen to the peeres of the land ( who have the lawes under you to maintain ; ) and to the commons , before that the commissions be sealed , or in any point used : and if they shall advise , that this thing shall be pleasing to god , and to the honour and the salvation of your people , in maintenance of other lawes made at other parliaments before these times , your poore commons , if you please to grant it , do thereto agree . and it seemes to the said commons that all other things may be sufficiently ordered or determined in the kings bench , common pleas , and before justices of assise , so as delayes not covenable may be ( aggregez ) redressed ( or removed ) now in this parliament by statute . but because that it was advised to our lord the king , and to the prelates and great men , who were neere him in his parliament , that it was convenient more expresly to make mention of the articles of which the justices who shall be assigned in the counties , ought , for the cause aforesaid , to inquire , they redelivered to the knights and commons aforesaid , some articles , which were ordained by the prelates and great men themselves , for them to advise of , and give their assent ; the which articles ensue in forme underwritten . it seemes good that justices shall be assigned to inquire , heare , and determine the points underwritten for the profit of the realme , and for keeping the peace , and maintaining the law . first , to inquire of all manners of felonies , and trespasses done against the peace . item , of all manner of conspiracies , confederacies , champerties , ambodexters , of maintainers of malefactors , and of false quarrels , and of all other falsities done in deceit of the law . item , to inquire of all chatles of felons and fugitives belonging to the king , after the yeere , &c. and to whom they are delivered , and for what value , and whether they be worth more or lesse ; and to cause the said chattles to be levied to the use of the king . item , of wools , woolfels and hides , and other merchandizes customable , not customed nor cocketted , nor well weighed or conveyed out of the realme of england . item , of false money brought within the realme . item , of wools bought within the county of notingham , and of those who have ( mesnez ) carried away their proper wools in anothers name , contrary to the defence and i ordinances made concerning it . item , of arms , victuals , and other goods and merchandizes carried to the enemies of scotland and others . item , of those who were collectors of the ninths , and collected more , which they have not answered to the king . item , of those who were assigned of commission for the businesses of the king and the realm , and take gifts , and let the said business●s perish , in deceit of the king , and of the people . item , of assessors and collectors of wools , and their vnder-collectors , clerks and deputies , who have not at all answered to the king that which they have received : and also of those who collect the good wools , and sell them , and buy others ( feables ) that are worse for to deliver to the king ; and also of those which take money in lieu of wools , and buy feable ( or course ) wools of lesse price , for to deliver to the king , and the remnant of the said monies retain to their proper use . item , of customers , searchers , controllers , and of all other ministers of the king , how they have carried themselves in their offices . item , of those who take fees , rents or pensions of malefactors for to maintain and avow them in their misdoings , there where they hold not lands nor goods of them , for which they ought to pay such rents , as well in wales as in england . item , of those who take people , and carry away and detain them till they have made a ransom at their will . item , of those who by force or menace disturb the justices of our lord the king , and all other ministers going through the country in their sessions , so that they cannot do right , nor the people follow their right . the which articles being seen and examined by the said commons , they assented , that good and loyall justices should be assigned to hear and determine those things contained in these articles , for the profit of our lord the king and his people . item , to enquire of lands and tenements amortized by religious people or others , against the form of the statute made , without license , if they have purchased nothing more then that which is contained in their license , or of greater value , and also of the tenements which are held of the king in chief . ibidem n. 41. item , pray the said commons , that it would please our lord the king to ordain convenient wages for the iustices assigned in divers counties , so as they may not endeavour to take any thing of those who have businesse before them . answ . it pleaseth the king that it shall be so , and the chancellour and treasurer shall ordain a convenient sum for them , by which they may do it . ibid. n. 42. item , pray the said commons , that no sheriff nor steward of great men , who have franchizes , shall be associated to the iustices which shall be now chosen to hear and determine fellonies and trespasses , and other poynts ordained and assented , nor iustices of goal-delivery ; but lawfull people of the county , and of good fame shall be associated to them : and that the same iustices which shall be chosen , shall be sworn , that they will use their commission without hardship or cruelty for to please the king , but also as it shall be most pleasing to god , and agreeable to good law and good faith , and that their sessions shall be ordained in seisons out of august , and hay-making , in ease of the commons . ans. it pleaseth the king , that no sheriff shall be henceforth a iustice , but that such shall be who know and will do the law , and that people of the country of good fame shall be associated to them , and not others . 20 e. 3. rot . parl. n. 20. item , the commons petition , that in every county there be ordained keepers of the peace of the most sufficient of the counties , and that they may have power to enquire and determine felonies and trespasses committed contrary to the peace , since the last passage of our lord the king beyond the sea . answ . as to the keeping of the peace ; let there be good people and covenable assigned for to keep the peace : and as to the oyer and terminer , the king will assign wise and sufficient men , who have knowledge of the law , according to the agreement in the last parliament . in the parliament of 21 e. 3. n. 70. i meet with this petition of the commons . most honourable and most redoubted soveraign : whereas in this parliament , your commons were charged to advise you , how the peace of this land might be best kept . to which it was answered ; that in every county there should be chosen by men of the county , justices , of which , two should be of the greatest men , and two knights , and two men of law , of the most valiant , and most loyall of the said county ; and there where there shall be need , more shall be assigned , or fewer , if there be cause ; and that they shall have full power by commission out of the chancery , to hear and determine felonies , trespasses and other poynts touching the keeping of the peace of every county , who are abiding in the said counties , who may better know , and to the greater ease and lesse grievance of the county , punish the felons and trespassers then other justices who are strangers , and that known trebasto●s should not run , as at another time was assented in parliament , for that they were all to the destruction and undoing of the people , and to very little or no amendment of the law , or of the peace , or punishment of felons and trespassers . in the parliament of 28 e. 3. rot. parl. n. 17. there is this petition of the commons , turned into an act of parliament by the king's answer thereunto , with the lords consent . to our lord the king , pray the commons , that the guardians of the peace may be of the most loyall and sufficient men of the counties , residing in the said counties , and not in forraign places , and of the justices of labourers in like manner ; and that no justice may be assigned by commission , if he be not sufficient of estate and condition to answer to the king and to the people : and that the names of the justices of labourers may be viewed and examined by the chancellour and treasurer , and justices of the one bench and the other , and in presence of the knights of the shires ; and those who are covenable shall remain for such number as is necessary according to the greatnesse of the county ; and in the place of those who shall be put out , let others be named by the said knights , which shall not at all be put out without speciall command of the king , or reasonable cause testified by their companions . and that the said justices shall be charged to sit ( or keep their sessions ) at least four dayes in the yeer , or more if there be occasion ; and that they shall make good execution of the statutes already made , and that the guardians of the peace , and the justices of labourers may be both one there where it may well be done . answ . as for the former petition , it is reasonable , and therefore our lord the king willeth that it be granted . 36 e. 3. n. 29. the commons petition , that the justices of peace may have reasonable wages ordained them , as the kings chancellour and treasurer shall think fit : and that the said justices may have power to enquire as well of victuallers , regraters , forestallers within cities , towns and burroughs , and elswhere , as of servants , labourers and artificers . answ . the king will command to the chancellour and treasurer his will hereupon . 37 e. 3. in the parliament roll , n. 19. there is this petition and answer : item , may it please our lord the king to grant to the knights of shires , cities and burroughs which are come to this parliament , power to choose people to be justices of labourers and artificers , and keepers of the peace , and that the same persons so chosen may not be removed by any suggestion , to put others in their places who are lesse sufficient . answ . let them cause convenient persons to be named now in this parliament , and the king will assign those whom he shall please . 50 e. 3. rot. parl. n. 67. item , the commons pray , that whereas the justices of peace are often assigned by brocage of maintainers of the country , who commit great out-rage by their maintainance to poor people of the country , and are common maintainers of these misdoings : the commons supplicate , that the said justices may be named in every county by the lords and knights of the counties in parliament , and that they shall be sworn before the counsell of the king in the same manner as other people are ; and that they shall not be removed without assent of parliament , which thing will turn to the great profit of the king : and that convenient wages may be assigned to the said justices to keep their sessions , for without wages they have no care to keep their sessions , which is a great losse to the king . answ . they shall be named by the king and his continuall counsell ; and as to wages , the king will advise . in the parliament of 2 r. 2. held at westminster , pars prima , n. 41. i finde this act not printed : item , the commons shew , that whereas divers sheriffs of counties are divers times assigned by commission of our lord the king , to be justices of peace in the same counties where they are sheriffs , do oftentimes hold their sessions of the peace for to indite many people of felonies , and of other trespasses , for this purpose , to take of the indited outragious mainprizes and fines , to the great destruction ( or impoverishing ) and oppression of the people : that thereupon it would please our most gracious king and his counsell so to ordain , that no man during the time that he shall be sheriff , shall at all be ordained a justice of peace in the same county whereof he is sheriff , in amendment of the mischiefs aforesaid . answ . le roy le voet : the king willeth it . so that there was a statute in point long before 1 mariae , sess. 2. c. 8. which enacts the like . in the same parliament , n. 48. item , the commons pray , that in every county of england there may be ordained fix or eight justices of the peace , whereof two shall be skilfull of the law ; and that they shall be firmly charged by our lord the king and his counsell , to keep their sessions four times a yeer at least , according to the statutes : and that all the servants , victuallers , labourers and artificers that shall be attainted before them of excesse , and which shall make a fine for their trespasse , that their fine shall not be lesse then their excesse , but more if there be cauie , by the discretion of the justices ; so to punish them , and by all other wayes as the statutes which have been made concerning them purport ; and that every one of the justices for the time that they shall be present at any one of the sessions , shall have wages of our lord the king , for every day a certain sum for their sessions , to be paid by the hands of the sheriffs where they shall be justices , out of the issues of their baily-wicks ; and that the justices may have freely writs for their fees under seal out of the chancery to the sheriffs , for to pay their wages aforesaid : and the sheriffs may also have writs out of the chancery to the barons of the exchequer , to allow them such payments upon their accompt : that none shall be associated to the aforesaid justices by writ out of the chancery , nor other manner : and that the said justices , sheriffs , lords of mannours , constables and bailiffs in every county , may have power to attach and arrest in their baily-wicks , all those vagrants who are strong of body to serve and labour , according to the statute ; and if they refuse to serve , that they shall be committed to the next goal , to continue in prison untill they will justifie themselves , according as the statute hath ordained : and that a statute may be made in this parliament to endure perpetually , from the feast of saint michael next to come , and that at the same time proclamation may be made by the sheriff in every market-town throughout the realm , of the force of this statute , so that the said servants , victuallers , artificers and labourers , may withdraw themselvers from their outragious prises ( or wages ) if they will , or otherwise , the said commons shall be in short time destroyed and undone for ever : and that the said justices may be chosen by the advice of the lords and commons in parliament , of the most valiant and discreet of every county , who may and will continually entend this office . answ . the king by advice of his counsell , will cause to be ordained a reasonable number of good & sufficient iustices , in every county of england , having consideration to the quantities of the counties : and wils , that they shall not be removed , nor others associated to them , without assent of the counsell : and as to the penalties to be ordained , there are already ordained sufficient penalties by the statutes before these times ; which penalties and statutes the king wils that they shall be put in due execution . and as to the wages of the justices , two or three of the iustices which shall attend the sessions for the profit of the king and of his people , shall have the sixt part of the profits proceeding from their estreats , untill the next parliament . in the parliament of 2 r. 2. held at gloucester , n. 50 item , pray the commons , because that commissions to keep the peace in every county , are directed to the lords of the county , who cannot attend at their sessions , and assign and associate unto them others who are poor , & not so sufficient , who may ocupy their office in their absence , who retain with them the inditements taken of malefactors , without sending their precepts to any sheriffs , to apprehend such persons indited ; by reason whereof the malefactors of the county are more encouraged to do amisse , who ride in great routs as well by day as by night , making affrayes , and marching against people in their houses or elswhere , and beat and wound , and sometimes kill and maim the poor commons of the land : that it would please , that such poor and insufficient justices may be removed , and that the most sufficient and valiant in the county , may be assigned in their places , who may and will justifie and make redresse of the misdoings of such malefactors , their maintainers , coadiuters , fosterers , receivers and abettors , in maintainance of the common law of the land , and salvation of the common people aforesaid . answ . the chancellour , treasurer , and others of the counsell of the king , shall cause to be ordained the most sufficient men of every county to be commissioners in such case . the same parliament , n. 62. ittm , the commons pray , that whereas for the common profit of the realm , before these times , it is ordained , and by divers statutes in divers parliaments affirmed , that certain justices of the peace , and for to justifie labourers , victuallers and artificers , shall be assigned in all counties , and keep their sessions so often , as shall be best for the punishment of malefactors , victuallers , labourers and artificers ; which justices do nothing in many counties , for that the wages are withdrawn from such justices , to the damage of the king , as of the fines and amercements , whereby malefactors are more audacious , labourers outragious in their wages , victuallers more dear in vent of their victuals , and artificers in their degree ; hereupon that it would please , that all the statutes aforesaid may be duly executed , to the chastisement of the said malefactors , labourers , victuallers and artificers ; and further , that wages may be assigned to the said justices for their sessions , and that sufficient and wise justices may be assigned in every county , to perform the execution aforesaid , so often as shall be best . answ . let two or three of the justices who have held their sessions for the profit of the king and his people , have the sixt part of the profits proceeding from their estreats for one yeer onely . in the parliament of 3 r. 2. rot. parl. n. 38 , 39 , 40 , 41 ▪ i finde these notable acts and records touching justices of the peace , never yet printed to my knowledge , though as necessary and usefull to be known , as all , or any other printed acts concerning them . numb. 38. item , that there may be added to the commission of the justices of the peace , the points ensuing . first , that they may have power to enquire and make execution of the statutes of purveyors . item , that they may enquire and determine of extortions , confederacies and maintainers of quarrels ( or suits ) and to determine of larcenies notoriously known , and of murders , and people slain by malice prepense , without attending the comming of the justices of assize , and that the statute lately made of those who give liveries of hats , and other liveries , to cause maintainance , be duly executed , according to the effect thereof . item , to enquire of all those who ride with great routs , in affray of the peace , to do evil ; and likewise of all those who lye in wait to kill , rob or maim people ; and of all those , who upon any of the said trespasses shall be indited , and thereupon convicted , that they shall forfeit their goods and chattels to the king , and be imprisoned for a yeer and one day ; and if they have no chattels , that they shall be imprisoned for two yeers , without being let to mainprize or bail , or other manner whatsoever , without speciall command of the king ; and that then upon their deliverance , they shall find surety sufficient upon a certain pein , for their good behaviour towards the king and his people . answ . the king willeth and commands by assent of the lords temporall , that they shall have such power as they had by the last commission ; that they shall have speciall power to hear and determine concerning the death of a man , and of extortions , and of those who ride armed , or with force . and in routs beyond the peace , and in affray of the people ; and of those who lye in wait for people to maim or kill them , and of those who use hats or other liveries , to incite by confederacy , or to make maintainance against the defence and form of the statutes and * ordinances heretofore made . provided alwayes , that in difficulties concerning extortions , one of the king's justices of the one bench or other , or of the justices assigned to take assizes , at least , shall be present before they proceed to judgement in this behalf . and as to the forfeiture and penalties demanded , the king will be advised : but he willeth , that the lawes before used in such case , be put in due execution . and it is to be remembred , that the prelates and the clergy made their protestation in this parliament expresly , upon this new grant , to hear and determine extortions ; that it is not as yet passed , neither shall ever passe by their assent or will , to the blemishing of the liberty of holy church , nor otherwise would they give their assent , unlesse it might be done in times to come , as it hath been duly done and used before this times . to which was replied by our lord the king ; that the king neither for their protestation , nor other their words in this behalf , would forbear to make his justices in this case , and in all others to do as they had used to do in times past , and as he is bound to do by vertue of his oath made at his coronation . numb. 39. item , that the justices assigned for to keep the peace , shall keep their sessions according to the statute , and that every justice shall have for his wages , for every day that they hold their sessions , half a mark , and their clerk two shillings , out of the fines and amercements , as well within franchize as without , arising in their sessions ; and that the justices upon the articles aforesaid , may be chosen by the lords and knights of shires in this present parliament ; that is to say , eight persons at the most , of the most sufficient knights and esquires in every county , of which two shall be skilfull in the law , without making * any association to them hereafter by any way : and that the same justices at every quarter of the yeer , shall cause to be delivered to the sheriffs of their counties , their estreats of fines , issues and amercements above-named by indenture ; and that the said sheriffs may have warrant by writ to pay the said justices their foresaid wages from session to session , taking acquitances to the said sheriffs under the seal of the said justices : for the wch due allowance shall be made to the said sheriffs in the exchequer upon their accompt : and that the other part of the said indenture , sealed under the seals of the said justices and sheriffs , shall be sent into the exchequer , for to charge the sheriff to ievy that which shall be arrear above the wages aforesaid , to the use of our lord the king : and that proclamation may be made of the statutes and * ordinances aforesaid , twice every yeer , at the comming of the justices of assize into the country ; and in case there be no comming of the said justices into the country or that it be delayed , so as the assizes do not hold , that then proclamation shall be made of the said statutes and * ordinances at the fullest county-court that shall be held ; and in towns , fairs and markets , as it shall seem best unto the said justices . answ . as to the wages of the said justices , it is assented , that a knight shall take four shillings , an esquire two shillings , and their clerk one shilling , for every day which they shall hold their sessions onely , out of the issues of the said esireates , in the form as is demanded : and the said justices shall hold their sessions four times a yeer in every county , and every time two or three dayes together , according as the county is greater or smaller , and according as the said justices shall have businesse before them ; so as these their quarter sessions shall be holden every yeer , throughout all and every part of every county , but not more often then is aforesaid , unlesse there be necessary cause , which requires more hasty remedy : and the king our lord willeth , that the sheriffs of every county shall be commanded to make the said proclamation in full county at the command of the said justices , once or twice in a yeer : and as to the indentures and manner of paying of the wages aforesaid , it pleaseth the king that it be done in manner as is demanded : and as concerning the number and names of the said justices delivered before in parliament in writing , the king our lord will advise : and as to this , that the same justices may have the said power to hear and determine the death of a man , and the other things aforesaid : let them be sworn to do every one right , in such manner as the justices of the king are on their part sworn and make oath . after which i find , num. 40. a declaration made upon the power given to justices of the peace , of which there is a certain act enrolled in the roll of the parliament , an. 3. ( in form as followeth . ) and it is to be remembred , that in easter term next after the end of this parliament , the lords temporall , assembled at westminster in a great counsell there held , caused there again to be read before them the enrolment of the * ordinance made this parliament , touching the power of the justices of the peace , in the presence of the lord despaign , the chancellour , treasurer , and of all the justices ; and there the said lords temporall , made a declaration of the power of justices of peace aforesaid ; for they there said , that their intent was in the said parliament , although it was not cleerly enrolled at that time , that among other articles and points , the same lustices of the peace should have power to hear and determine all manner of extoritions , as well at the suit of the king , as of the party ; and of certain other articles comprized in the said power , they should likewise make a declaration ; and thereupon there was a certain note made of the commission , by advice of all the justices of our lord the king , as well of the one bench as of the other there present ; and this note being read in the said counsell before them , they all assented to the said note , and it pleased them well , that it should passe the seal of the king under that form , and so were the commissions made , ensealed , and sent to every county of england in like manner , with a writ directed to the sheriff of every county , to take the oaths of the commissioners , well and lawfully to use their commission , and to do right to every person , as well to the poor as to the rich , according to the form of the cedule inclosed in every of the said writs ; of which writs and cedule , which were likewise made by advice of the king's counsell , and the note of the commission aforesaid , the terms or copies ensue , word for word . the commission of the peace agreed upon in parliament . rex dilectis & fidelibus suis , a , b , c , d , &c. salutem . sciatis quod assignavimus vos conjunctim & divisim ad pacem nostram , necnon ad statuta apud winton . north . & westm. pro conservatione pacis ejusdem edita , in omnibus & singulis in com. h. tam infra libertates quam extra custodiend . & custodiri faciend . & ad omnes illos quos contra formam statutorum praedict. delinquentes inveneritis castigand . & puniend. . prout secundum formam statutorum eorundem fuerit faciend . & ad omnes qui aliquibus de populo nostro de corporibus suis , vel de incēdio domorum suarum minas fecerint , ad sufficientem securitatem de pace & bono gestu suo erga nos & populum nostrum inveniend . coram vobis venire ; & si hujusmodi securitatem invenire recusaverint , tunc eos in prisonis nostris quousque bujusmodi securitatem invenerint salvo custodiri faciend . assignavimus etiam vos , quatuor , tres , vel duos vestrum iusticiarios nostros ad inquirendum per sacramentum proborum & legalium hominum in com. praedicto , tam infra libertates quam extra , per quos rei veritas melius sciri poterit , de quibuscunque latrociniis notoriè vel aperiè , ac mahemiis , & hominum interfectionibus per insidias , vel per maliciam precogitatam , ac murdris , ac aliis feloniis , transgressionibus , forstallariis , regratoriis & extortionibus in com. praedicto per quoscunque & qualitercunque factis five perpetrat is , & quae exnunc ibidem fieri continget ; & etiam de omnibus illis qui in conventiculis contra pacem nostram & in perturbationem populi nostri vi armata erint , vel equitaverint , seu exnuncire vel equitare presumpserint ; ac etiam de hiis qui in insidiis ad gentem nostram mahemiand . vel interficiend . jacuerint , & exnunc jacere presumpserint , ac etiam de hiis qui capitiis & alia librata de unita secta per confederationem & per manutenentia contra defensioonem ac formam * ordinationum & statutorum inde ante haec tempora factorum usi fuerunt , ac aliis bujusmodi librata imposternm utentibus ; ac etiam de hostellariis & aliis qui in abusu mensur arum & ponderum , ac in venditione victualium , ac etiam de quibuscunque operariis , artificibus , servitoribus , hostellariis & aliis qui contra formam * ordinationum & statutorum pro communi utilitate regni nostri angliae de hujusmodi operariis , artificibus , servitoribus , hostellariis & aliis inde factorum , delinquerint vel attemptaverint in com. praedicto , vel exnunc delinquere vel attemptare presumpserint : & ed processus versus omnes quos de feloniis bujusmodi contigerit indictari quousque capiantur , reddantur vel utlagantur faciend . & ad latrocinia , mahemia , interfectiones & murdra praedicta , ac ea omnia & singula quae per hujnsmodi conventicula contra pacem nostram & in perturbationem populi nostri , & etiam ea quae per bujusmodi insidias ad gentem nostram mahemiend . vel interficiend , & ea etiam per usum bujusmodi capiciarum & aliarum libratarum per confederationem & per manutenentia sicut praedictum est attemptata fuerint & attemptari contigerit , ac transgressiones & forstallarias praedictas ad fectam nostoam tantum , ac extortiones & regratorias praedictas , ac omnia alia quae per huju modi hostellarios & alios in abusu mensurarum & ponderum ac in venditione victualium , & omnia alia quae per hujusmodi operarios , artifices & servitores contra formam * ordinationum staintorum praedictorum , seu in enervationem earundem in aliqua praesumpta vel attemptata fuerint , tam ad sectam nostram quàm aliorum quorumcunque coram vobis pro nobis vel pro seipsis conqueri vel prosequi volentium , audiend. . & termidand . & ad eosdem operarios , artifices & servitores pér fines , redemptiones & amercimenta , & alio modo pro delictis suis prout ante ordinationem de punitione corporali hujusmodi operariis , artificibus , & servitoribus pro delictis suis exhibend . factum fieri consuevit , castigand . & puniend. . secundum legem & consuetudinem regni nostri angliae , ac formam * ordinationum & statutorum praedictorum . proviso semper , quod si cosus difficultatis super determinationem extortionum hujusmodi coram vobis evenire contigerit , quod adjudicium inde nisi in praesentia unius justiciariorum nostrorum de uno vel de altero banco , aut justic. nostrorum ad assi , as in com. praedicto capiend . assignat , coram vobis minimè procedatur . assignavimus etiam vos , quatuor , tres & duos vestrum , quorum alterum vestrum praefati a. & b. unum esse volumus , iusticiarios nostros ad felonias praedictas quarum determinatio superius declarata non existit , ac omnia processus & indictamenta , felonias & transstressiones , forstallarias , regratarias & alia praedicta tangentia coram vobis praefati a. & sociis vestris nuper custodibus pacis nostrae & iusticiariis nostris ad hujusmodi felonias & transgressiones in com. praedicto audiend. . & terminand . assignat , facta quae nondum terminata existunt , inspiciend & debito fine terminand . secundum legem & consuetudinem praedictas , ac formam * ordinationum & statutorum praedictorum . et ideo vobis & cuilibet vestrum mandamus , quod circa custodiam pacis & statutorum praedictorum diligenter intendatis , & ad certos diem & loca quos vos quinque , quatuor , tres vel duo vestrum ad hoc provideritis , inquisitiones super praemissa facere , & praemissa omnia & singula audiatis , & terminatis , ac modo debito & effectualiter expleatis in forma supradicta ; facturi inde quod ad justitiam pertinet secundum legem & consuetudinem regni nostri angliae salvis nobis amerciamentis & aliis inde spectantibus : mandavimus enim vicecomiti nostro com-praedicti , quod ad certos diem & loca quos vos quinque , quatuor , tres , vel duo vestrum ei scire fac . venire fac . coram uobis quinque , &c. & duobus vestrum , tot & tales probos & legales homines de balliva sua tàm infra libertates quam extra , per quos rei ueritas in praemissis melius sciri poterit & inquiri , & insuper vobis & cuilibet vestrum super salva custodia pacts , & ‖ statutorum praedictorum intendat , & pareat quando & prout per vos vel aliquem vestrum fuerit super hoc exparte nostra rationabiliter praemunitus ; & vos praefatus a. ad certos dies & loca per vos & dictos socios vestros super hoc praefigend-processus & indictamenta praedicta coram vobis & praedictis sociis vestris venire fac . & ea inspiciatis , & debito fine terminatis , sicut praedictum est . in cujus &c. teste rege apud west . 26. die maii. per ipsum regem & consilium . the commission for administring the oath to justices of peace . rex vicecomiti , &c. salutem : quasdam literas nostras patentes per quas certos legeos nostros ad pacem nostram in comtuo conservand . & ad quaedam alia in eisdem literis contenta faciend . & exequend . assignavimus , tibi mittimus per praesentium portatorem . mandantes districtius quo poterinius injungendo , quod statim visis praesentibus quibuscunque dilatione & excusatione postpositis , tot personas de eodem sic per nos assignatas quot inde infra ballivam tuam invenire poteris ad certos diem & locum eis per te ad hoc in prox . statuend . & praefigend . coram te sine dilatione venire fac . & capto sacramento eorundem juxta formam cujusdam cedulae praesentibus inclusae eisdem . sic juratis literas nostras praedictas liberari facias indilate ; dicens & injungens eisdem ex parte nostra quod ipsi non permittant , sicut non est intentionis nostrae , nec omnino volumus quod aliquis dictorum sic assignatorum se inde in aliquo intromittat , seu auctoritatem in hac parte virtute literarum praedictarum habeat aliqualem , nec vadia ad hoc ordinata accipiat , seu ei ut justic. nostro tu vel aliquis alius intendens sis aut sit quovis modo , nisi prius ad hoc juratus fuerit in forma praedicta . et qualiter praesens mandatum nostrum fueris executus , ac de nominibus coram te sic juratorum nos in cancellaria nostra cum ea celeritate qua fieri poterit sub sigillo tuo districtè & apertè certificando . it a quod pro captione sacramentorum aliorum sic assignatorum si qui remanserint non jurati debitè prout convenit ordinare poterimus , & hoc sicut gravem indignationem nostram evitare volueris nullatenus ommittas . teste rege apud westm. 27. die maii. the oath of a justice of peace . yov shall swear , that well and lawfully you shall serve the king , in the office of a guardian of the peace , and of a justice of artificers , labourers , weights and measures , and to hear and determine the wrongs and grievances done to the king and to his people , and of all other things whatsoever , comprized more fully in the commission to you and other your companions made , according to your skill and power : you shall do full right to all , as well to the poor as the rich , neither for honour , favour , friendship , nor estate of any person , nor for benefit given or promised , or which may or shall be done to you in times to come , nor otherwise by art or engine whatsoever , shall you deny , respit or delay right to any against reason , nor contrary to the lawes , statutes , a ordinances and customs aforesaid : & the counsel of the king touching those who shall be indicted before you , you shall conceal , and also shall compell the juries and enquests to conceal it on their part lawfully ; and all the records and proces which shall be made before you , you shall cause to be put in sure and good custedy , and the estreats of fines and americiaments , and other profits which unto the king appertain , you shall cause entirely to be put in writing indented from time to time , whereof one part you shall cause to be delivered to the sheriffe of the county , and the other part you shall cause to be sent safely into the king's exchequer , for to charge the sheriff there upon his accompt ; and all the writs which shall come to you under the king's great seal , you shall serve , and cause to be executed without delay ; and that you shall not take nor receive any clerk unto you for to write or keep the records and proces aforesaid , if be be not first sworn before you , to keep the king's councell , and to do and perform well and lawfully on his part whatsoever belongeth to his office and degree in this behalf . so god me ayd and his saints . to these i shall adde , 21 e. 3. rot . parl. n. 4. where the king , upon the petition of the commons against divers extortions and grievances done to the people by colleciors of wools , and of other taxes and tallages , to the great destruction of the people , whereof they pray remedy for god's sake . gives this answer : the king is pleased , that those who shall be assigned justices of the peace , and to enquire of false monies , shall likewise enquire of the things contained in this article , and shall do right concerning the things which are therein contained . in the parliament of 29 e. 3. n. 19. item , whereas it was lately ordained by statute , that there shall be one measure , and one weight throughout the land ; that is to say , the king's standard , that the justices of labourers in all the counties may have power to hear and determine , and punish those who come against this statute . to which the king answered : let the statute thereof made , be held and kept in all poynts , so as covenable and sage justices may be assigned at what time it shall be best , to enquire , hear , and determine upon the point : and that these justices , nor the iustices of labourers , shall not make deputies under them ; nor that no sheriff , coronor , nor none of their ministers , shall henceforth be assigned iustices in no commission . numb. 20. item , whereas before these times , divers commissions have been made to sheriffs , constables of castles , and to keepers of goals and prisons , to enquire of trespasse , felonies , and other articles for which the people are imprisonable ; by colour of which commissions , the said sheriffs , constables and keepers , feign inditements , and that the people are indited before them , and they take the people and imprison them , untill they have made fines to the said keepers of goals and of prisons for is have suit , also to the sheriffs for to be bailed , to the great dammage of the commons ; wherefore they pray , that no sheriff , nor no man who hath the keeping of prisons , may be put into such commissions . the answer . as to the first poynt of this petition , our lord the king wilieth that it shall be done . numb. 21. item , pray tho commons , that whereas the justices assigned to enquire of divers felonies , confederacies , conspirators and maintainers of quarrels , of which points the said iustices judge ( molt reddement ) over-hastily in grievance of the commons : that it would please our lord the king and his counsell , that the poynts of confederacies , conspiracies and maintainers , may be declared . the answer . our lord the king willeth , that none shall be judged nor punished for confederacy , but there where the statute thereof made , speaketh expresly , upon the poynts contained in the said statute . 47 e. 3. rot . parl. n. 26. item , the commons pray , that the statute of labourers and artificers made in full parliament be executed four times for a yeer to come : and that the justices of peace as well as the justices of labourers , may be removed , in case that any will complain of them , for the profit of the king , and of the commons . to which is answered ; the king willeth it . 50 e. 3. rot . parl. n. 83. to our most excellent and most redoubted lord the king , and his counsell , sheweth , the poor commons of the land , that because the sheriffs and vnder-sheriffs , and keepers of goals are now , and of long time have been justices of peace , and often times cause loyall people of the country to be indicted before them through malice and envy , for to reap their own gain , as for to make a fine for the entry into the goal , afterward for suit of prison , and after that for bail , and afterwards for to have an enquest procured for to save their lives , and when they are released , to make a fine to the goalers for their irons , and after for their issuing out of the gate ; whereof they pray remedy : that therefore it would please your most excellent lordship , for god's sake , and as a work of charity , to ordain , that from this day forwards no sheriff , nor under-sheriff , nor keepers of goals , shall be a iustice of peace , nor no commission directed to them in their county but in their proper office . to which was answered : that it pleased well the king . there are some a other acts and petitions of parliament concerning justices of peace besides these here cited , exant in the parliament rolls , but being of lesser moment then , and for the most part agreeing in substance with the former , i shall pretermit them ; with other unprinted lawes and petitions concerning justices of assize , oyer and terminer , as 22 e. 3. n. 6. 25 e. 3. n. 11. 2 r. 2. parl. 1. n. 35. 6 r. 2. parl. 1. n. 38 , 39 , 40 , 41. 50 e. 3. n. 65 , 69 , 213. 25 e. 3. parl. 1. 8 e. 3. n. 6 , 10. 29 e. 3. n. 27 , 28. rot . parl. n. 17. 10 r. 2. n. 12. 6 r. 2. n. 41 , 48. only from the premised acts and records , i shall briefly deduce these observations and conclusions . first , that the institution of discreet , valiant , able and active justices of peace in every county of the realm , in the judgement of our ancient princes , nobles , peers , knights and commons assembled in parliament , hath been alwayes resolved and enacted to be the most probable , prevalent and succesfull means , to suppresse all publike malefactors of all sorts ; to reform and redresse all publike oppressions , grievances , disorders and mischiefs in the common-wealth ; to settle all distractions , and to restore and preserve the peace and tranquility of the kingdom . secondly , that justices of the peace in former times have frequently been nominated and appointed by the knights , commons and lords in parliament , by the kings assent , as well as by the king , his counsel , chancellour and treasurer ; that such parliamentary nominations and elections have usually been best , and most beneficiall to the common-wealth , and that the constituting of able and active justices of peace hath been one principall end of ancient parliaments convening . thirdly , that none are fit to be justices of peace but such as are both a discreet and valiant , and somewhat skilfull in the laws of the land , which they are both to execute , maintain , and be regulated by in all their proceedings , as well as landed and wealthy ; wisdom and discretion without b courage ; courage without wisdom and discretion ; wisdom , discretion and courage , without knowledge of and in the lawes , which must regulate all these ; and all , or each of these without some competency of estare , to keep men from corruption , c bribery , oppression and basenesse , being unable singly of themselves to qualifie any man to be an exact justice : but when they all concenter in one , that man ( if really endowed with the grace and d fear of god ) and no other , will prove a compleat justice , and such a one as these statutes and petitions require . fourthly , that no sheriff , under sheriff , coroner , keeper of a goal or prison , retainer or servant to great men , or person of mean fortune and quality ( disabled by the forecited petitions and statutes upon very good grounds ) ought to be put into commissions of the peace ( whiles they contitinue such ) to prevent extortion , bribery and oppression of the people . fiftly , that justices of the peace once put into commission , especially by publike nomination of the knights and commons of counties in parliament , ought not to be removed , nor put out of commission upon any private suggestions whatsoever , without speciall command of the king or his counsell , and that upon e just grounds , or some reall misdemeanour or reasonable cause duly proved and testified by their companions and fellow-justices ; it being against all the rules and principles of justice , law , honour , conscience , the expresse known fundamentall lawes and statutes of the realm , and the highest kinde of arbitrary tyranny , to put any gentleman out of commission upon malicions clandestine surmises behinde his back , without ever hearing or summoning him to vindicate his own innocency , or make his just defence against such clandestine unsatisfactory informations ; though a thing too commonly practized by unworthy , malicious , self-ended spirits , even in these reforming times , which so much declaim against arbitrary government : and in these and other statutes and petitions , i finde onely these causes of uncommissioning and outing any justices of peace : first , f inability and insufficiency in point of skill , wisdom , discretion , courage , knowledge of the law , or estate : secondly , g corruption , misdemeanour or h negligence in the discharge of this publike office of trust : thirdly , i retienorship , or particular engagements to great persons , which may overbyas justices to oppresse and injure the people , to pleasure those grandees on whom they have their chief dependance : fourthly , k age or infirmity of body to discharge this trust : fiftly , l removing from , non-refidence in , or being made sheriff , goaler , &c. of the county where they are in commission : & therefore if any man be indirectly put forth of commission without any such just causes as these , or the like , some learned men conceive , a writ of restitution lyes upon a motion in the king's bench , to the chancellour or commissioners of the great seal , to put him into the commission of the peace again , in case they refuse to do it voluntarily , as well as against a m major or corporation , disfranchising or putting any major , alderman , free-man or common-councell man out of his place or office , without a just and legall cause , there being the self-same reason , and so the self-same law for both . sixtly , that justices of the peace may sometimes be put into , and sometimes thrust out of commission by corrupt and sinister means and false suggestions , and that such an abuse is worthy the serious consideration and reformation of a parliament . seventhly , that honest and able n lawyers in the judgement of our ancestors , and ancient parliaments , are the fittest men to be justices of peace . eightly , that though justices of peace ought not to be mercenary , yet the not allowing of them competent o wages to defray their extraordinary expences , especially at generall quarter sessions , hath been a great occasion of inducing them to be slack and negligent in the diligent and zealous execution of justice , and attending at the sessions . ninthly , that the power and jurisdiction of justices of the peace since their first institution , hath been much enlarged by sundry new acts of parliament and commissions ; and that the greater authority they have given them , the more are they enabled to promote the republicks peace and happinesse . tenthly , that no justice of peace ought to act as a justice before he be actually sworn ; and that the justices of the king's bench and common-pleas , and justices of the peace took anciently one and the self-same oath . eleventhly , that the form and substance of the commissions of the peace , and oath of justices of the peace , were originally ordained by consent in parliament . twelftly , that bishops in former times were great countenancers of * extortion , which they would not have justices of peace to hear and determine ; and that an act of parliament is p good and valid , though all the bishops ( whiles members ) protested against it , as null and voyd . lastly , that ordinances and acts of parliament , were anciently both one in substance , and used promiscuously one for another , and were made by joynt consent both of the king , lords and commons in parliament , and therefore ordinances of parliament bound the subjects as really , as far and long as statutes , as well after parliaments ended , as during the sessions wherein they were made : which is evident by the premises , by most prologues to our printed statutes at large from king edward the third , to edward the sixt , by some hundreds of printed acts and statutes , by this clause of the writ for the election of knights and burgesses ; ad faciendum & consentiendum his quae tunc ibi de communi consilio regni nostri ( favente deo ) contigerit ordinari , ( from which word ordinari , this title of ordinance was derived : ) and by the rols of parliament , wch make expresse mention of ordinances of parliament as all one with acts and statutes , as 15 e. 3. n. 15 , 17 e. 3. n. 8. 21 e. 3. n. 8 , 16. 27 e. 3. n. 1. rotulus ordinationum , 20 e. 3. n. 12 , 13. 28 e. 3. n. 10 , 16 , 55. 37 e. 3. n. 12 , 38. 40 e. 3. n. 11. 50 e. 3. n. 10 , 12 , 13 , 75 , 79 , 34 , 110 , 186. 51 e. 3. n. 11 , 47 , 82. 1 r. 2. n. 56. 2 r. 2. n. 46. 2 h. 4. n. 104 , 106. with sundry others , and the year-books of 39 e. 3. 7. & 8 h. 4. 12 , 13. indeed i find q sir edw. cook putting this difference between an act of parliament , and an ordinances ; that an ordinance wanteth the threefold consent ( which an act alwayes hath ) and is ordained by one or two of them : which he endeauours to prove by 25 e. 3. n. 16 , &c. 37 e. 3. n. 39. 1 r. 2. n. 56 , &c. to which he might have added , 27 e. 3. n. 19. but under his favour , these records will neither prove nor warrant his difference : for first , there was the consent of the king , lords and commons to the ordinance concerning apparell , 37 e. 3. n. 38 , & 39. which was commanded to be strictly executed as a law , till the next parliament : so as this record is point-blank against him in that very thing for which he cites it : and his first record of 25 e. 3. n. 16 , &c. hath not one sillable in it concerning ordinances of parliament , or to warrant any difference betwen acts and ordinances , for which he quotes it , which is cleerly refuted by this notably record of 50 e. 3. n. 47. where the commons petition the king , that no statvte nor ordinance may be made or granted at the petition of the clergie , without assent of the commons ; and that the commons shall not be bound by any of the clergies constitutions , made without their assent ; for they will not be obliged to their a statutes nor ordinances made against their assent . secondly , the king's consent was to all the presidents he cites , and no ordinance nor president is produced by him ▪ of any ordinance made by the lords or commons joyntly or severally , without the king's consent thereto . thirdly , 27 e. 3. n. 19. puts a difference between ordinances of parliament , and b ordinances of state , made by the king and his privy counsell alone , without the lords and commons assent ; the one being to be entred in the parliament rolls , as binding laws , the other not . fourthly , all that 1 r. 2. n. 56. proves , is but this , that the kings sole answers to the cōmons petitions ( especially without the lords concurrent assent ) makes them c no acts of parliament , but meerly ordinances of state , as some affirmed . whereupon the commons prayed , that their petitions , to which king edward the third in his parliament held the 50th yeer of his reign , gave this answer , le roy le voet ; might be turned into into acts. but it no wayes proves , that acts and ordinances of parliament are different things , and not one and the same , since our parliaments in all ages have resolved the contrary . this i shall undeniably manifest by our printed statutes at large , which every man may peruse , because some may deem it a dangerous paradox in this innovating and erring age . that statutes , acts and ordinances of parliament are all one , is evident . first , by the printed prologues and preambles to most of our statutes and acts of parliament . i shall begin with the preamble to the statute of marlbridge made in the two and fiftieth yeer of king henry the third . in the yeer of grace 1267. in the two and fiftieth yeer of the reign of king henry , son of king john , in the vias of saint martin ; for the better estate of this realm ef england , and for the more speedy administration of justice , as belongeth to the office of a king ; the more discreet men of the realm being called together , as well of the higher as of the lower estate ; it was provided , agreed and ordained , that whereas the realm of england of late had been disquieted with manifold troubles and dissentions , for reformation whereof , statutes and lawes be most necessary , whereby the peace and tranquility of the people must be conserved ; wherein the king intending to devise convenient remedy , hath made these acts , ordinances and statutes underwritten , which he willeth to be observed for evermore firmly and inviolably of all his subjects , as well high as low . then follow twenty nine statutes , continuing yet in force , all ushered in with this generall preamble : from which i shall observe , first , that acts , ordinances and statutes were all one and the same , and used as synonumaes in that age . secondly , that they were all equally provided , agreed and ordained by the king , and the more discreet men of the realm called together , as well of the higher as of the lower estate : therefore ordinances then , as well as acts and statutes , had the threefold assent , and the king 's as well as the lords and commons concurrence , not the assent only of one or two of them . thirdly , that those acts which are termed statutes and laws right necessary , in the former clause of this preamble , are called acts , ordinances and statutes in the later . fourthly , that ordinances then , were to be observed for evermore sirmly and inviolably of all subjects , as well high as low ; and not meer temporary lawes expiring with the uery sessions that made them , or before ; and obliging some , but not others , as most new ordinances now do . which had sir edward cook observed in his r comentary on this very preface and statute , it is probable he would have retracted his mistaken difference , between statutes , acts and ordinances of parliament , which hath seduced others , as well in point of practice as opinion . in 50 e. 3. we have this generall preamble to the printed acts of parliament , and statutes then made . by assent of the prelates , dukes , earls , barons , and others assembled at the parliament , holden at westminster , at the fifteenth of saint hillary , the yeer of the reign of our sovereign lord the king , that now is , of england , the fiftieth : the same our soveraign lord the king much desiring , that the peace of his land be well kept , &c. hath for so much made and established certain ordinances , &c. which ordinances he will that , to the honour of god , and of the church , and quietnesse of his people , they be firmly kept and holden in all points . these statutes ( being eight in number ) are onely termed ordinances in this prologue , though statutes in the title ; and close to , thus endeth the statutes , &c. the generall printed preambles to the severall acts and statutes made in the parliaments of 2 , 3 , 5 , 6 , 7 , 9 , 12 , 13 , 14 , 15 , 16 , 17 , 20 , and 21 rich. 11. run all in this form and words ; our soveraign lord the king , at his parliament holden at westminster , &c. of the assent of the prelates , dukes , earls , barons , and other great men , and of the commons of this realm , summoned to the said parliament , hath ordained and established in the said parliament , for the quietnesse of his people , &c. the statutes and ordinances following , perpetually to endure in his said realm : or , hath done to be made certain ordinances and stablishments for the common profit of the realm , in form following . the preambles to the severall printed statutes made in the 1 , 2 , 4 , 5 , 6 , and 9 yeers of king henry the fourth , and 1 , 2 , 3 , 4 , 5 , 7 , and 9 yeers of king henry the fifth , use these expressions : at the parliament holden at westminster , &c. our soveraign lord the king , by assent of the prelates , dukes , earls and barons , and at the speciall instance and request of the commons , assembled at this present parliament , hath done to be ordained and established certain statutes and ordinances : or , divers ordinances and statutes , in form following . the printed preambles to the respective statutes , made in 1 , 2 , 3 , 4 , 6 , 8 , 9 , 10 , 11 14 , 18 , 20 , 23 , 27 , 28 , 29 , 31 , 33 of king henry the sixt : in 1 , 3 , 4 , 8 , 12 , 17 , 22 of king edward the fourth : in 1 of richard the third ; in 1 , 3 , 4 , 11 , 12 , 19 of king henry the seventh : and in 1 , 3 , 4 , 5 , 6 , 7 , 14 , 23 of king henry the eight , run all in the like form of words , coupling ordinances and statutes alwayes together as one : in 24 h. 8. this generall usuall preamble was altered into this new modle : acts made in the session of this present parliament , &c. and from that parliament till this present , this ancient usuall preamble hath been discontinued and omitted in our printed statutes . secondly , i shall manifest statutes , acts and ordinances of parliament to be one and the same , by sundry printed acts of parliament which couple them together , and use them promiscuously for one and the same , as the forecited generall preambles do . 13 e. 1. the statute of merchants : the king and his counsell at his parliament holden at acton burnell , hath ordained these establishments ; which ordinances and establishments , the king commandeth they shall be firmly kept and observed throughout his realm of england and ireland : 37 e. 3. c. 1. that the great charter , and charter of the forrest , and the statutes and ordinances made in the times past , be holden and kept , and duly executed , according to the form and effect of them : 38 e. 3. parl. 1. c. 10. the statutes and ordinances thereupon made , shall stand in force : 42 e. 3. c. 6. the statute and ordinance made for labourers and artificers , &c. 1 r. 2. c. 5 , 7. it is ordained , that all statutes and ordinances made before this time , &c. be holden and firmly kept i● all poynts . it is ordained and assented , that the statutes and ordinances made in such case before this time , be kept and duly executed . 5 r. 2. parl. 1. c. 1. 6 r. 2. parl. 1. c. 1. 7 r. 2. c. 2. 8 r. 2. c. 1. 9 r. 2. c. 1. 13 r. 2. c. 1 , 8. 14 r. 2. c. 11. 15 r. 2. c. 1. 1 h. 4. c. 1. 2 h. 4. c. 1. 4 h. 4. c. 1 , 16. 7 h. 4. c. 1. 9 h. 4. c. 1. 11 h. 4. c. 5. and 4 h. 5. c. 1. do all thus couple ordinances and statutes together as one : it is ordained and accorded , &c. that the great charter , and the charter of the forrest , and all other good statutes and ordinances before this time made , and not yet repealed , be firmly observed in all their articles , and put in due execution , according to the effect of the same . all these statutes giving the title both of an ordinance and statute to magna charta , the charter of the forrest , and to all other statutes formerly made , cleerly resolve , statutes and ordinances to be both one . so 6 r. 2. parl. 1. c. 10. any statutes , ordinances , &c. had or made to the contrary notwithstanding . 7 r. 2. c. 11. divers ordinances and statutes of fishers of london , and other victuallers were made , &c. the same ordinances and statutes , &c. c. 13. the statutes and ordinances aforesaid . 11 r. 2. c. 8. any statute , ordinance , &c. twice . 13 r. 2. c. 7. that the said justices be sworn to keep and put in execution all the statutes and ordinances , touching their offices . c. 8. statutes and ordinances , twice : c. 9. as in the great charter and all other good statutes and ordinances thereof made is more plainly contained , &c. as hath been another time ordained by statute . so in 14 r. 2. c. 11. 17 r. 2. c. 3. 21 r. 2. c. 12. 1 h. 4. c. 2 , 9. 2 h. 4. c. 4. 2 h. 4. c. 9 , 17. 4 h. 4. c. 3 , 16. 9 h. 4. c. 8. 13 h. 4. c. 3 , 6. 9 h. 5. parl. 2. c. 1. 1 h. 6. c. 2. 3 h. 6. c. 5. 6 h. 6. c. 5 , 8 , 9 , 17. 14 h. 6. c. 6. 20 h. 6. c. 8. 23 h. 6. c. 2. 31 h. 6. c. 7. 39 h. 6. c. 2. 3 e. 4. c. 5. 4 e. 4. c. 1 , 6 , 7. 7 e. 4. c. 1. 14 e. 4. c. 4. 17 e. 4. c. 1 , 6 , 7. 22 e. 4. c. 1. 1 h. 7. c. 7 , 8 , 9. 4 h. 7. c. 1 , 12 , 21 , 22. 7 h. 7. c. 3. 11 h. 7. c. 3 , 4 , 7 , 8 , 16. 19 h. 7. c. 13 , 22 , 23 : we have the like conjunction of ordinances and statutes , statutes and ordinances , ordinance and statute , which couple and use them still promiscuously as one : by the statutes of 8 h. 6. c. 5. 18 h. 6. c. 11. 12 e. 4. c. 6. 4 h. 7. c. 1. the commissioners of sewers are authorized to make lawes , statutes and ordinances : in 15 h. 6. c. 6. 23 h. 6. c. 4. 7 e. 4. c. 1. 19 h. 7. c. 7. we read of ordinances , rules and statutes made by fraternities , corporations and companies ; in which they are used reciprocally as one and the same : and as in all these acts ; so in divers others in king henry the eighth , edward the sixth , queen mary , queen elizabeth and king james ( which for brevity i omit ) we finde the like . therefore by all these numerous evidences , it is cleer and undeniable , that in all former parliaments and ages , statutes , acts , and ordinances , were alwayes judged , reputed one and the same , not divers , and made by the selfe-same authority and assent . thirdly , i shall make this most apparent by sundry statutes in print , which expresly stile both generall acts of parliament , and particular statutes , ordinances , an ordinance , this ordinance : and yet call them likewise statutes , this statute , a statute , the statute , an act of parliament , &c. and likewise stile ordinances , statutes , acts of parliament , &c. for this you may peruse at leasure the statute of marlbridge 52. h. 3. c. 8. if it be found that the sheriffe delivereth any contrary to this ordinance , he shall be grievously amerced therefore , 13. e. 1. the statutes of merchants forecited 27. e. 1. an ordinance of purchasing liberties , 33. e. 1. an ordinance of enquests : and an ordinance of the forrest , 34. e. 1. an ordinance of measuring lands . an ordinance for bakers , brewers , &c. an ordinance for measures , 14. e. 3. parliament 1. c. 5. this ordinance , c. 9. against this ordinance , thrice , c. 12. this ordinance , c. 19. this stablishment . this ordinance , 15. e. 3. parl. 1. c. 3. the ordinance 18. e. 3. c. 4. this ordinance twice c. 6 the said ordinance , 23. e. 3. c. 8. 25. e. 3. par. 1. c. 4 , 6 , 8. par. 4. c. 20. 27 e. 3. p. 2. c. 7 , 14 , 21. this ordinance . these ordinances often , 27 e. 3. par. 3. the ordinance of the fees of the mayor and constable of the staple . 28. e. 3. c. 10. 13. this ordinance : all the ordinances made in the great councell at westminster , &c. shall be firmely holden and kept for a statvte to endvre for ever , 31. e. 3. parliam . 1. c. 7. against the ordinances : parl. 2. c. 2. this ordinance . these ordinances : parl. 3. the ordinance of fish , 34. e. 3. c. 21. vpon the ordinance of the staple it was ordained , &c. 36. e. 3. c. 4. 13. 15. this ordinance : it is ordained , that this ordinance and statvte of pleading begin and hold place , &c. 37. e. 3. c. 1 , 3 , 5 , 6 , 12 , 13 , 14 , 15 , 19. this ordinance , often . 38. e. 3. parl. 1. c. 2 , 7. the said ordinance , often : then , statute or ordinance , parl. 2. c. 2 , 4 , 5. ordinances ; good ordinances : this ordinance , &c. sundry times , 42. e. 3. c. 8. this ordinance shall held place , 43. e. 3. c. 2 , 4. this ordinance : wee command thee , that thou doe the said ordinances to be cryed and published in the cities , &c. 2. r. 2. parl. 1. c. 1. against this ordinance : against this statute , 3. r. 2. parl. 1. c. 3. this ordinance : twice , 5. r. 2. parl. 1. c. 3. any thing forfeited against this ordinance , c. 4. which ordinanee shall be duely kept and put in execution . this ordinance of wines shall begin to hold place as soone , &c. against the forme of these ordinances of wines , 6. r. 2. parl. 1. c. 2. the said ordinance ( first ) the said statute ( afterwards ) c. 11. the ordinance , c. 13. no man shall henceforth ride in harneis within this realm , contrary to the statute of northampton . after , that bear harneis contrary to the statutes & ordinances aforesaid , c. 16. that these ordinances be duly kept , &c. this ordinance , 13 r. 2. c , 9. ordinance oft , c. 11. that this ordinance begin to hold place , 15 r. 2. c. 8 , 12. this ordinance , &c. 16 r. 2. c. 6. this ordinance , 17 r. 2. c. 7. ordinance , 21 r. 2. c. 18. a convenient ordinance , 21 r. 2. c. 20. to repeal the statutes or ordinances ( first , and then ) statutes and ordinances , 1 h. 4. c. 7. this statute or ordinance shall begin , c. 8. this ordinance and statute shall hold place , &c. c. 9. many other statutes and ordinances , &c. by force of the ordinance and statute aforesaid , c. 10. ordained by staiute , c. 15. this ordinance ( twice ) 2 h. 4. c. 15. the said ordinance and statute , c. 22. the same ordinance , the said ordinance , the ordinances aforesaid , 4 h. 4. c. 17. this statute and ordinance shall hold place for ever : to hold , keep , observe and preserve the statute and ordinance aforesaid , c. 18. this ordinance , 6 h. 4. c. 4. the said ordinance ( thrice ) 13 h. 4. c. 2 , 3. statute or ordinance , this statute , the same ordinance , the said statutes and ordinances be very profitable , &c. that the said statutes be holden and kept , c. 6. the statutes and ordinances , &c. that the same statutes he firmly holden and kept , &c. c. 7. any article or ordinance , 1 h. 5. c. 2. the statutes made , &c. that the said statutes and ordinances be surely holden and kept , &c. c. 5. this ordinance shall begin , c. 7. the said ordinance , the said ordinances ( four times ) c. 9. the ancient ordinances , and the statutes : the ordinances aforesaid : this ordinance and statute ( twice ) which ordinances , good ordinances ( four times ) 2 h. 5. c. 4. ordinances and statutes ( eight times ) and all other good statutes , c. 6. this ordinance ( five times ) c 8. like ordinances , &c. c. 9. this ornance shall stand in force , 2 h. 5. parl. 2. c. 6. the same ordinance ( twice ) 3 h. 5. parl. 2. c. 2. this ordinance , c. 4. the same orcinance , c. 8. this ordinance , 4 h. 5. c. 4. that this ordinance hold place : an ordinance made in 5 h. 5. concerning attorneys , 7 h. 5. the statute made at westminster concerning appeals , hath in the body of it , this ordinance , this present ordinance : then followes , do this statute and ordinance to be proclaimed , &c. to be certified of the said statute and ordinance , 8 h. 5. c. 3. this last ordinance shall begin , 9 h. 5. c. 2. this ordinance ( twice ) c. 3. an ordinance , this ordinance ( thrice ) c. 4. this ordinance , c. 8. that this ordinance endure , 9 h. 5. parl. 2. c. 9. all the ordinances aforesaid , 1 h. 6. c. 1 , 2. statute and ordinance , statutes and ordinances made , c. 3. the ordinance , 2 h. 6. c. 2. this ordinance , c. 7. that this ordinance and statute hold place , c. 8. in the same ordinance excepted ; the said ordinance , c. 11. this ordinance ( twice ) c. 14. the ordinance ; the said ordinances , 4 h. 6. c. 1. this ordinance , c. 2. this ordinance shall endure till the parliament ; which ordinance is determined , &c. hath ordained , that the said ordinance made the said fourth yeer , shall stand as a statute and law effectuall and available in all points to all persons , &c. shall have any benefit of the same ordinance , c. 3. which ordinance should endure , &c. that the said statute , &c. shall hold force as a statute available and effectuall in law to endure for ever , c. 5. any ordinance , 6 h. 6. c. 1. this ordinance , c. 2. this ordinance or statute , c. 3. the same ordinance ; a thing ordained by statute ; this ordinance , 8 h 6. c. 2. the said king of denmark against the a ordinance , &c. c. 3. the said ordinance ; by ordinance shall have power to do , ordain and execute the statutes , ordinances , &c. c. 4. statutes and ordinances ( six times ) and then , the contrary of the said ordinances , &c. against the form of the said statutes , c. 5. this ordinance ( twice ) c. 6. statutes and ordinances ; then , this ordinance ( thrice ) c. 7. the ordinances , c. 9. statutes and ordinances ; the said statute and other statutes , c. 10. this ordinance , c. 13. that this statute shall endure , &c. then followes , comprized in this present ordinance , &c. have any benefit of the same ordinance , c. 14. the same ordinance shall stand in its force , &c. the said statutes , &c. the said statute shall now be kept , &c. c. 17. ordained by divers statutes and ordinances , &c. this ordinance ( twice ) c. 18. the ordinance and appointment , c. 25. any statute or ordinance , c. 29. the first ordinance ( five times ) the last statute ; the last statute and ordinance , 9 h. 6. c. 2. that ordinance ; the said ordinance , c. 3. this present ordinance , c. 4. this ordinance , c. 7. this ordinancc , c. 9. this ordinance , 11 h. 6. c. 5. this ordinance ( twice ) c. 7. this ordinance ( thrice ) c. 8. the statutes and ordinances made of measures ; the said ordinances and statutes ( twice ) then , the said statutes and ordinances ( twice ) willeth the same statutes and ordinances to be holden and kept ; hath ordained that the said statutes be proclaimed and put in due execution : then it followes , to put all the statutes and ordinances in due execution , according to the form and effect of the said statutes and ordinances : then , to execute all the statutes abovesaid , ( twice ) c. 13. the good ordinance and statute ; according to the ordinance : c. 14. against the form of the said statutes : then followes , against the ordinance abovesaid : c. 15. this ordinance : 14 h. 6. c. 6. the said statute and ordinance : c. 7. this ordinance : c. 8. whereas it was declared and ordained by a statute , &c. forasmuch as before the said ordinance , &c. the said statute , &c. ( thrice ) 15 h. 6. c. 2. this ordinance : 18 h. 6. c. 4. this act and ordinance ( thrice ) and then , this provision and ordinance : c. 7. the said statute : then , which good statute and ordinance : next , the said statute ( twice ) c. 9. any statute or ordinance : this statute and ordinance shall begin , &c. and that proclamation be thereof made , &c. incontinently after this ordinance : to the intent , that merchant aliens may have knowledge of the said ordinance : c. 11. this ordinance : c. 13 , & 14. it was ordained , &c. this ordinance shall stand in force till the next parliament , &c. which statute by decease of the said king , by opinion of some , is expired , &c. that the said ordinance shall be and abide an effectuall and avaylable statute and ordinance in law , perpetually to endure : c. 14 this ordinance ( thrice ) c. 15. this ordinance ( three times ) c. 16. this ordinance : 20 h. 6. c. 1. this ordinance : c. 2. this ordinance ( twice ) c. 3. this ordinance : c. 4. this ordinance : c. 5. this ordinance : the statute and ordinance aforesaid : c. 7. this ordinance : c. 8. this ordinance ( thrice ) then , this ordinance among other statutes of purveyors , &c. shall be sent to the sheriffs of every county , to proclaim and deliver the said statutes and ordinances : c. 10. this ordinance ( twice ) c. 11. it was ordained by the statute made , &c. forasmuch as before the said ordinance , &c. then , the said statute : and that this ordinance , &c. c. 12. the ordinance of partition ( twice ) 23 h. 6. c. 2. the said statutes from henceforth shall be duly kept , &c. that he shall take nothing of the people , contrary to the said ordinances : then , contrary to the said statutes ( thrice ) next , contrary to the said statutes and ordinances : then , execution of the said ordinances : after , that these statutes and ordinances : c. 3. this ordinance : c. 4. the said ordinance ( twice ) c. 6. all other ordinances : this ordinance : then , this statute : after , the statute and ordinance aforesaid : c. 7. this ordinance : c. 10. these ordinances : after , this ordinance ( twice ) c. 11. this act and ordinance shall begin : c. 14. this ordinance shall begin , &c. provided alwayes , that by this act , &c. 27 h. 6. c. 1. a certain ordinance : then , concerning this act : after , this ordinance to endure , &c. c. 2. this act : then , this statute : next , this ordinance : after , this act : then , contrary to the ordinance of this statute : next , this act ( twice ) after , this ordinance ; this grant or ordinance ( twice ) then , this ordinance ( twice ) c. 3. this ordinance ( twice ) c. 4. the said ordinance : c. 5. this ordinance ( twice ) 28 h. 6. c. 1. a certain ordinance : then , this ordinance , &c. ( six times ) c. 2. the ordinance : c. 3. this ordinance ( twice ) c. 4. this ordinance ( twice ) 29 h. 6. c. 2. endamaged by this act : and that this ordinance shall begin , &c. then , contrary to this statute : 31 h. 6. c. 3. this ordinance : 33 h. 6. c. 1. the said ordinance : c. 6. the said ordinance : c. 7. this ordinance ( thrice ) 39 h. 6. c. 1. acts , statutes and ordinances ( twice ) 1 e. 4. c. 2. this present ordinance : then , provided that this act : after , that this act and ordinance : next , and that this ordinance : 3 e. 4. c. 1. by this ordinance : afterwards , that this present act and ordinance : c. 3. this ordinance ( twice ) c. 4. this ordinance or statute : after , this ordinance nor act , nor none other ordinance or act made : c. 4. ordinances and statutes : then , statutes and ordinances : after , contrary to this ordinance : next , provided , that this statute : then , nor that this ordinance : notwithstanding this ordinance : after , within this statute : and in the close , that this ordinance : 4 e. 4. c. 1. this ordinance ( twice ) then , the statutes and ordinances made before this time : after , that these statutes and ordinances , and other statutes and ordinances made before this time : next , any other act or ordinance : then , not according to this act : c. 2. this ordinance ( twice ) afterwards termed , this act ( twice ) 4 e. 4. c. 5. forasmuch as a certain declaration and ordinance , in form of a statute , evermore to endure , were of late made by the duke of burgony , &c. which said declaration and ordinance ( twice ) next , the statute made against it , is stiled , this ordinance ( four times ) then , that this act , nor none other act , statute nor ordinance , made or to be made ( twice ) c. 7. the like . in 7 e. 4. c. 1. 2 , 3 , 4. 12 e. 4. c. 3 , 9. 14 e. 4. c. 1 , 24. 17. e. 4. c. 1 , 4 , 6. 22 e. 4. c. 2. 1 r. 2. c. 6 , 10 , 13. 1 h. 7. c. 2 , 5 , 8 , 9. 9 h. 7. c. 2 , 4 , 8 , 9 , 11 , 21 , 22. 7 h. 7. c. 2 , 5. 11 h. 7. c. 1 , 4 , 8. 19 h. 7. c. 4 , 22 , 23. and in sundry other statutes of king henry the eighth , edward the sixth , queen marys queen elizabeth , king james ( which for brevity i forbear to cite , ) we have the like connection of statutes , acts and ordinances , and interchangeable stiling of acts and statutes , ordinances ; and of ordinances , acts , statutes , lawes , &c. 31 e. 3. parl. 2. c. 3. 34 e. 3. c. 20. 5 r. 2. parl. 2. c. 11. 2 h. 4. parl. 2 c. 4. 3 h. 7. c. 3. we read of ordinances to be made by the chancellour , treasurer and king's councell ; or by the king and barons of the exchequer by authority of parliament , to stand as binding lawes ; and of ordinances made by the goldsmiths , and by the major of london , without , and against law ; and 15 h. 6. c. 6. 23 h. 6. c. 4. 7 e. 4. c. 1. 19 h. 7. c. 7. we read of ordinances and lawes made by fraternities and corporations ; none of all which are any ordinances of parliament : but it is undeniable by these and all the forecited statutes , that an ordinance of parliament , in the opinion , resolution , stile & judgement of all these a ancient parliaments before these our dayes , was all one with an act of parliament , law , statute ; and that these were used reciprocally one for another ; for what is called an ordinance in one clause or line , is stiled an act or statute , or both of them , in another ; and what is called a law , a statute , or act of parliament in one place , is termed an ordinance , or an act and ordinance , a statute and ordinance , in another , &c. as the premises abundantly manifest ; therefore there was heretofore no diversity at all between an act or ordinance of parliament , but they were both one and the same ; ever made by the same concurrent assent of king lords and commons , by the opinion , resolution of all these forecited parliaments , statutes a and of our judges too . fourthly , this is undeniable by the manner of penning and enacting our statutes and acts of parliament , in all ages , in these very termes : it is ordained ; be it ordained ; it is provided , agreed and ordained ; it is assented and ordained ; it is , or , be it ordained ; it is , or be it ordained and established ; the king with the assent , &c. hath ordained : for which you may consult at leisure , the forecited preambles to most of our statutes , 3 e. 1. c. 48 7 e. 1. the statute of mortmain , 13 e. 1. the statute of acton burnell , 13 e. 1. c. 8 , to 16 , 33 , 36 , 38 , 39 , 41 , 46 , 48 , 13 e. 1. the statute of merchants , 18 e. 1. c. 1. 27 e. 1. c. 1 , 2 , 3 , 4. of fines , 27 e. 1. a statute for persons appealed , 21 e. 1. articuli super chartas , the preamble , &c. 1 , 2 , 3 , 11 , 20. 30 e. 1. the new statute of quo warranto , 34 e. 1. the statute of jointenants , 9 e. 2. the statute of sheriffs , 15 e. 2. the statute of carlile , 18 e. 2. the statute of prizes , 1 e. 3. c. 1. 2 e. 3. the preamble , &c. 2 , 5 , 6 , 8 , 12. 4 e. 3. c. 2 , 15. 9 e. 3. c. 4. & parl. 2. preamble , 10 e. 3. parl. 1. preamble , 18 e. 3. parl. 2. c. 6. 20 e. 3. preamble , c. 4 , 5 , 6. 21 e. 3. c. 1 , 8. 25 e. 3. parl. 1. preamble , &c. 1. parl. 3. c. 2. parl. 4. c. 2. parl. 5. preamble , c. 2 , 18. & parl. 6 , & 7. 27 e. 3. prologue , & parl. 2. preamble , &c. 3 , 7 , 8 , 9 , 11 , 14 , 21 , 22 , 24 , 25 , 27 , 28. 28 e. 3. preamble , c. 7 , 8 , 10 , 11 , 13. 31 e. c. 5 , 6 , 7 , 10 , 15. & parl. 2. preamble , &c. 2 , 3. parl. 3. the ordinance for fish , 34 e. 3. the prologue , c. 21. 36 e. 3. c. 2 , 4 , to 16. 37 e. 3. preamble , &c. 1 , to 20. 38 e 3. parl. 1. preamble &c. 2 , 6 , 10 , 11. parl. 2. c. 2 , 4 , 5. 42 e. 3. c. 3 , 9 , 11. 43 e. 3. c. 1 , 2 , 3 , 4. 45. e. 3. c. 1 , 2 , 3. 50 e. 3. c. 1 , 7 , 8. 1 r. 2. preamble , &c. 4 , 5 , 6 , 7 , 9 , 11 , 12 , 15. 2 r. 2. stat . 1. c. 2 , 3 , 5 , 6 , 7. parl. 2. c. 3. 3 r. 2. parl. 1. c. 1 , 2 , 3. parl. 2. c. 1. parl. 1. c. 6 , 7 , to 16. parl 2. c. 5. 6 r. 2. parl. 1. c. 3 , 6 , to 13. parl. 2. c. 3. 7 r. 2. c. 4 , to 17. 8 r. 2. c. 2 , 3. 10 r. 2. c. 1. 11 r. 2. c. 6 , to 12. 12 r. 2. c. 2 , 3 , 5 , 8 , 9 , 10 , 14 , 16. 13 r. 3 preamble , &c. 1 , 4 , to 20. 13 r. 2. parl. 2. c. 2 , 3. 14 r. 2. preamble , &c. 11. 15 r. 2. preamble , &c. 3 , 4 , 6 , 8. 12. 16 r. 2. preamble , c. 1 , 3 , 5 , 6. 17 r. 2. preamble , c. 2 , 5 , 9. 20 r. 2. preamble , c. 1 , 5. 21 r. 2. c. 2 , to 21. 1 h. 4. c. 5 , to 20. 2 h. 4. c. 1 , to 25. 4 h. 4. c. 2 , to 35. 5 h. 4. c. 2 , to 15. 6 h. 4. c. 1 , 2 , 3 , 4. 6 h. 4. c. 2 , to 18. 9 h. 4. c. 2 , to 8. 11 h. 4. c. 1 , to 9. 13 h. 4. c. 3 , 4 , 5 , 6 , 7. 1 h. 5. c. 1 , to 11. 2 h. 5. c. 1 , to 10. 3 h. 5. parl. 2. c. 3 , to 9. 4 h. 5. c. 4 , 5 , 6. 8 h. 5. c. 2 , 3. 9 h. 5. c. 2 , 3 , to 13. 9 h. 5. parl. 2. c. 1 , 2 , 7 , 9 , 10. 1 h. 6. c. 1 , to 6. 2 h. 6. c. 2 , to 15. 3 h. 6. c. 1 , to 6 4 h 6. c. 2 , 3 , 6. 6 h. 6. c. 1 , to 6. 8 h. 6. c. 1 , to 30. 9 h. 6. c. 2 , to 11. 10 h. 6. c. 2 , to 8. and to cite no more in so plain a case , almost every statute since 10 h. 6. till this very day , retains this very form of words : it is , or , be it ordained , &c. from whence the word ordinance is derived : and therefore acts and ordinances of parliament in proper speech and use must necessarily be one and the same , the word b ordinari , and no other word of enacting laws but it , being used and inserted into the very writs of elections and summons to the parliament , as i have formerly observed , the cause it is so frequent and still retained in our statutes and acts of parliament till this very day . finally , if all these authorities and reasons from our own printed statutes , be not sufficient to prove statutes and ordinances of parliament in all former times , both one and the same , i shall unanswerably evince and cleer it by divine authorities , out of the unerring word of truth , which resolves an ordinance , law statute to be all one , couples ordinances and lawes usually together as one , takes them promiscuously one for another ; and useth the word ordain , as the proper term in enacting divine , as well as humane lawes , as these 〈◊〉 texts will manifest ; which those who desire satisfaction herein , may peruse at their leisure : exodus 12. 14 , 24 , 43. chap. 13. 10. chap. 15. 25 chap. 18. 20. leviticus 18. 3 , 4 , 30. chap. 22. 9. numbers 9. 12 , 14 chap. 10. 8. chap. 15. 15. chap. 18. 8. chap. 19. 2. joshua 24. 25. 1 , ●am. 30. 25. 2 chron. 2. 4. chap. 33. 8. chap. 35. 13 , 25. 2 kings 17. 34 , 37 ezra 3. 10. nehemiah 9. 32. job 38. 33. psalm 99. 7. & 119. 91 isaiah 24. 5. chap. 52. 8. chap. 58. 2. jeremiah 31. 35 , 36. chap. 33. 25 ezekiel 11. 20. chap. 43. 11 , 18. chap. 44. 5. chap. 45. 14. chap. 46. 14 malachi 3. 7 , 14. luke 1. 6. romanes 13. 2. 1 cor. 11. 2. ephestans 2. 15. colossians 2. 14 , 20. hebrews 9. 1 , 10. 1 peter 2. 13. numbers 28. 6. 1 kings 12. 32 , 33. 2 chron. 23. 18. esther 9. 27. psalm 81 5. daniel 2. 24. acts 16. 4. romanes 7. 10. chap. 13. 1. galathians 3. 19. 1 cor. 7. 17. hebrews 9. 6. compared together . i have taken thus much pains ( in an untrodden path ) to prove statutes , acts and ordinances of parliament to be always anciently & really one and the self-same , made by consent of the king , lords and commons joyntly , not of lords and commons alone without the king , or by king & commons without the lords , not any wayes to invalid or impeach any late good and absolutely necessary ordinances of parliament , which the exegences of our unhappy distracted times have enforced the houses to passe without the king's consent ( being absent from , and in arms against them ) for their own and the a kingdoms preservation , or any ordinances for the necessary reformation or punishment of any generall grievances or abuses , according to law , or preventing any publike mischiefs in a regular manner , by way of declaration , or assisting of the common law : salus populi & reipublicae , being suprema lex , and extraordinary remedies to be prescribed by the houses in such extraordinary cases and exigencies , when ordinary can finde no place at all ; but for these ensuing reasons . first , to refute the commonly received errour of these times , and of some pretended grandees of the law , that acts and ordinances of parliament in former ages , were distinct and different things , not one and the same ; and that the royall assent was then held onely necessary to acts , but not to ordinances of parliament : for which there is not any one single pregnant convincing president extant to my knowledge , in any parliament rolls or printed acts : which errour hath been principally propagated by sir edw. cooks venerable authority and assertion , in his 4 instit. p. 25. whose misallegations and mistakes are too frequently embraced for oracles of truth for want of due examination . secondly , to abate the excessive fees now taken by officers in both houses of parliament for private ordinances , as high ( or higher ) for the most part , as the ancient or late fees for private acts of parliament , which had the royall assent ; a great grievance and oppression to the subject , generally complained of , fit to be examined and redressed in these reforming times , when private ordinances and exactions for them are so frequent , without any president in former parliaments to warrant such new excessive fees . thirdly , to perswade and induce the members of both houses of parliament , not to multiply these new kind of parliamentary ordinances ( destitute of royall assent , and the peoples generall approbation in full parliament ) to the impeachment or infringement of any ancient ordinances still in force , the statutes or common law of the realm , the invasion of the peoples undoubted liberties , rights or proprieties , which they have so long fought for , and dearly purchafed with the expence of so much treasure and blood , or to the inveagling of the consciences of judges or lawyers , contrary to their oaths and duties . fourthly , to advise both houses to turn all their former and future necessary , usefull ordinances into acts of parliament , and to presse the king's royall assent to them in their expected approaching personall treaty with his majesty , for the greater indemnity and security of those who have acted on , or received , or enjoy any monies , lands , offices or emoluments by them , to avoyd all questions and scruples in succeeding parliaments and ages . fiftly , to admonish committees of all sorts , not to rack or strain any new ordinances wanting the threefold assent , ( especially such as are penall ) beyond their letter , or true intention , to the subjects oppression , who had many times no legall notice of them ; an int●lerable common grievance , contrary to the ordinary rules of justice , and the houses primitive purposes , on whom sundry committees and their under-officers extravagancies in this kind , have drawn much hatred and scandall ; the sad effects whereof begin now visibly to appear in the late insurrections and distempers of the people in sundry counties , and hatred of committee-men , which will hardly be cordially pacified or allayed , but by the speedy suppression of all such arbitrary , lawlesse committees and officers , and calling them to a strict and just accompt both for their receipts , disbursments , and malicious , vindictive , injurious actions , to the publike prejudice , and the peoples generall grievance , oppression and discontent . sixtly , to induce the houses of parliament to conform all their future new ordinances , and the execution of them , as neer as possible , to the forms and rules of law ; and to be very carefull of setting up any such new ordinances ( without inevitable necessity , and generall inconveniences of dangerous sequell ) to repeal , controle , or give checkmate to the fundamentall known lawes and statutes of the realm , or stop the current of the common law , and publike justice : it being an abuse , a usurpation of very dangerous and pernicious consequence , contrary to many declarations and remonstrances of both houses , and the very tenour of the solemn league and covenant ; wherein they have solemnly engaged all three kingdoms : the bitter fruits of such destructive ordinances we may chance to taste of , and bewail , when it is too late ; such arbitrary and illegall ordinances wanting pure mettal , as well as the royall impresse , will in conclusion but betray , endanger the coyners of them , and be branded , rejected for counterfeit coyn , when brought unto the test . liberavi animam meam . i shall adde no more , but recommend these brief collections to gods blessing , and the unprejudiced readers kind acceptation . finis . errata . page 2. line 12. read additio . p. 14. l. 4. item . p. 16. l. 17. justices . p. 19. l. 9. ierint . p. 20. l. 2. terminand . l. 16. transgressiones . p. 21. l. 33. omittas . p. 2. l. 30. n. 54. p. 28. l. 35. notable . notes, typically marginal, from the original text notes for div a91198e-410 * 4. instit. p. 25. notes for div a91198e-1170 a 4. instit c. 31. p. 170. b lambord archaion , & hire . ●c . 2. 3. spelman●i conc●● p. 182. 183. ●68 . ●69 370 373. 374 c see fredericus lindebrogus , codex legū antiquarum . d fredericus lindobrogus codex legum antiquarum , p. 19 35. e fred. brogus . ● legum . pa : 704 &c. see scapnlae lexicon , pag. 1770. f 4. instit. c. 31 p. 176. * daltons justice of peace . spelmanni glossarium , p. 407. minshews dictionary . g therefore the houses were then severall , and their consultations too . h ou miestra serra . i ordinances in the parliament stile of those times , were nothing else but statutes and acts of parliament . see 11 e 3. c. 1. 14 e. 3 c. 21. 18 e. 3. c. 3 stat. 2. nota. nota. nota. nota. * statutes and ordinances of parliament were then both one . nota. nota. * see 12 r. 2. c. 10. according lerewith . * ordinances and statutes then were one and the same . * both joyned together as one . * an ordinance and act of parliament was then the same thing . * ordinances and statutes both one . * ordinances here coupled together with acts , as one and the same . * ordinances still coupled with , and put before statutes * ordinances and statutes still conjoyned as one . * ordinances and statutes still coupled together . ‖ ordinances , yea , ordinances and statutes in former clauses , are here called statutes only , which proves them to be but one and the same . a ordinances and statutes the same . note . a 8 e. 3 n. 2 , 4 , 6. 13 e. 3. par 1. n. 10. a 18 e. 3. c. 2 34 e. 3. c. 1. 2 h 5 c. 1. 18 ● . 6. c. 11. see . exod. 18. 21. b 2 chron. 19. 11. ezr. 10. 4. j●sh . 1. 7. 1 chron. 22. 13 c 18 h. 6. c. 11 2 r. 2. n. 50. d exod. 18. 21 2 sam 23 3. 2 chron. 19 7. e see 4 h. 7. c. 12 8 h. 6. n. 69. f 13 r. 2. c. 7. 2 h. 5. c. 1. par . 2. 18 h. 6. c. 11. g 28 h 6. c. 11 h 4 h. 7. c. 12. i 13 r. 2. c. 7. 8 r. 2. dors. claus. n. 5. co. 4 instit. p. 176 k 1 r. 2. n. 89. 51 e. 3. n. 59. l 2 h. 5. c. 4. 2 h. 5. parl. 2. c. 1. 1 mariae , c. 8. sess. o. 2. m see sir james baggs case , co. 11. rep. 93 , &c. and master estwicks case 23. car. b. r. n 18 e. 3. c. 2 , 34. 6 e. 3. c. 1. 13 r. 2. c. 7. 2 h. 5. c. 4. 18 h. 6. c. 11. 8 e. 3. n. 2. o 14 r. 2. c. 11. * 8 e. 3. n. 9. 15 e. 3. n. 24. 46 e. 3. n. 36. 50 e. 3. n 75. p see 20 e. 3. n 35. 38. 7 h. 8 kelway 1 84. 8 7 r. 2. c. 12. 20 e. 3. c 9. cromptons jurisdiction of courts , ● . 19. q 4 instit. p. 25 a therefore the threefold assent was then necessary to ordinances as well as statutes . b sir edward cook mistakes an ordinance of state for an ordinance of parliament , which had always the three fold as●●ut . c see 21 e. 3. n. 43 , 46 , 47 , 52. r 2 instit. p. 101 , 102. a see 1 h. 8. c. 1. a see 46 e. 3. n. 13 , 14. 21 e 3. n. 6 , 18 , 37 , 60. 5 h. 4. n. ● 45. a 39 e. 3. 7. 8 h. 4. 12 , 13 , 14 , 20. 9 h. 4. 1. br. parl. 11. b so ordinatum est per curiam , is the usuall form of entries in most courts of record . a see my soveraign power of parliaments and kingdoms to the right honourable, the lord mayor, aldermen, and commons of the city of london in common-council assembled; the humble petition and address of the sea-men, and watermen, in and about the said city of london. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91301 of text r225698 in the english short title catalog (wing p4106b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91301 wing p4106b estc r225698 45097898 ocm 45097898 171477 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91301) transcribed from: (early english books online ; image set 171477) images scanned from microfilm: (early english books, 1641-1700 ; 2575:23) to the right honourable, the lord mayor, aldermen, and commons of the city of london in common-council assembled; the humble petition and address of the sea-men, and watermen, in and about the said city of london. prynne, william, 1600-1669. watermen's company (london, england) city of london (england). lord mayor. city of london (england). court of common council. 1 sheet ([1] p.). s.n., [london : 1659] author and imprint suggested by wing. reproduction of original in the henry e. huntington library. eng london (england) -history -17th century. great britain -politics and government -1649-1660. broadsides -england -17th century. a91301 r225698 (wing p4106b). civilwar no to the right honourable, the lord mayor, aldermen, and commons of the city of london in common-council assembled; the humble petition and ad prynne, william 1659 696 3 0 0 0 0 0 43 d the rate of 43 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-07 tcp assigned for keying and markup 2007-08 apex covantage keyed and coded from proquest page images 2007-09 emma (leeson) huber sampled and proofread 2007-09 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion to the right honourable , the lord mayor , aldermen , and commons of the city of london in common-council assembled ; the humble petition and address of the sea-men , and watermen , in and about the said city of london . sheweth , that they cannot without much grief of heart , and consternation of spirit , consider and bewail the extraordinary decay of merchandize , trade , religion , iustice , piety , and inundation of all sorts of oppressions miseries , rapines wars tumults , sects , heresies blasphemies , alterations of government and destructive confusions , which have over whelm'd our formerly flourishing and renowned nations , and this famous city ever since the notorious violations , and subversions of our fundamental laws , liberties , properties governments and parliaments , by the treacherie , and armed violence of ambitious , treacherous mercenaries of inconsiderable fortunes and corrupt principles usurping a more arbitrary dominion over our lives , persons , estates , and priviledges , than the worst of our kingly governors whose desperate counsels practises and innovations have made vs the scorn , derision of all the world and plunged our church state nations , and this famous city , into the very gulph of inevitable ruin ; unless spéedily and timely prevented by your prudent , unanimous counsels , and standing up in the g●p in this day of our publique calamity , by improving your power and interest to accomplish these just desires of your petitioners , and many thousands of these nations , which we humbly conceive to be the onely visible means ( through gods blessing on them ) to obviate our dangers , compose our divisions and restore our pristine peace , vnity , trade , prosperity , and make vs once more a praise amongst the kingdoms , churches , and nations , whom the lord hath signally blessed with glorious deliverances , and transcendent mercies . we shall therefore humbly importune this honorable assemblie ( to whom we can make our addresses ) to endeavour , i. that a free and legal parliament , may with all convenient speed be convened to sit within the city of london , without any forcible interruption or molestation , to settle the government , redresse the grievances , restore the peace , merchandize , trade , and navigation of this nation . ii. that the militia of the city may be presently raised , and put into the hands of such persons , whose principles and actions have evidenced them to be well-affected to government , magistracy , ministry , laws , liberties , the rights and priviledges of parliament , and reformed religion here established . that the guards of the city may be put into their hands , and all obtruded guards , disturbing the peace , obstructing the trade of , and threatning danger to the city , removed . iii. that all such officers and souldiers of the army in and about the city and elsewhere , who shall obey your commands , and contribute their assistance for the calling , & safe-sitting , of a free parliament , may be assured and speedily paid their arrears ; and those , who shall oppose the same , and settlement of the nation , and city , left to publique justice for the murders lately committed , and other misdemeanours . iv. that the nobility , and gentry of quality , in and about the city , may be invited to contribute their counsels and assistance for effecting the premisses . in the prosecution whereof , and our former oaths , protestation ▪ vow and covenant ' we shall with our estates , lives and last drop of our bloods ▪ constantly and unanimously assist your honours , and all others adhering to you , to promote and accomplish the promises and what else your wisdome shall think fit to conduce to the restitution of the publique peace , trade and welfare of this city , and our thrée distracted nations . in witness whereof we hereunto subscribe our hands and hearts . an account of the kings late revenues and debts. or a true copie of some papers found in the late archbishop of canterburies studie, (one of the commissioners for the exchequer, an. 1634. and 1635.) relating to the kings revenue, debts, and the late lord treasurer portlands gaines by suits, and sale of offices: necessary to be knowne for the common good. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91135 of text r201500 in the english short title catalog (thomason e388_3). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 14 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91135 wing p3887 thomason e388_3 estc r201500 99862002 99862002 114149 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91135) transcribed from: (early english books online ; image set 114149) images scanned from microfilm: (thomason tracts ; 62:e388[3]) an account of the kings late revenues and debts. or a true copie of some papers found in the late archbishop of canterburies studie, (one of the commissioners for the exchequer, an. 1634. and 1635.) relating to the kings revenue, debts, and the late lord treasurer portlands gaines by suits, and sale of offices: necessary to be knowne for the common good. prynne, william, 1600-1669. 8 p. printed for michaell sparks, london, : 1647. attributed by wing to william prynne. annotation on thomason copy: "may 18th". reproduction of the original in the british library. eng portland, richard weston, -earl of, 1577-1635 -early works to 1800. england and wales. -exchequer -early works to 1800. finance, public -great britain -early works to 1800. misconduct in office -england -early works to 1800. a91135 r201500 (thomason e388_3). civilwar no an account of the kings late revenues and debts. or a true copie of some papers found in the late archbishop of canterburies studie, (one of prynne, william 1647 1625 8 0 0 0 0 0 49 d the rate of 49 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 apex covantage keyed and coded from proquest page images 2007-04 emma (leeson) huber sampled and proofread 2007-04 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion an accovnt of the kings late revenue and debts . or a true copie of some papers found in the late archbishop of canterburies studie , ( one of the commissioners for the exchequer , an. 1634. and 1635. ) relating to the kings revenue , debts , and the late lord treasurer portlands gaines by suits , and sales of offices : necessary to be knowne for the common good . london , printed for michaell sparks 1647. national emblems of england, scotland, wales and ireland extraordinary monyes paid into the receipt of his maiesties exchequer , since the beginning of his raigne , till aprill 1635.           l. s. d. sales . by contract with the city of london and others 339599. 4. 2. 642742. 18. 0. ½ of lands to particular persons and assessements 241058. 9. 5 of wood to particular persons 62085. 4. 5. fines . for not taking the order of knighthood and assessements . 173537. 9. 6. loanes . by privy seales 40932. 15. 10. 290365. 10. 7. ½ of the lords and laitie according to the rate of five subsidies 188209. 11. 11. ½ of particular persons upon interest 61223. 2. 10 reprisall goods and tenths .   l. s : d 238109. 19. 5 reprisall goods and wrecks 217978. 17. 7 tenths of the admiralty . 20131. 1 10. subsidies . of the nobillity and laity 427159. 5. 2. ½ 612387. 1. 2. ½ of the clergie 185227. 16. 0. portion q●eenes portion . 16383. 8. 2. ½ guifts towards the defence of the palatinate , and otherwise 25069. 1. 6. fines of leases . sugars . 63945. 09.   115445. 0. 9. petty-farmes . 12000. 0. 0 seacoles . 11000. 0. 0. customes of ireland . 28500. 0. 0 sales of iron ordinance 17585. 9. 2 58288. 7. 5. ½ tobacco by agents in 2. yeares 16084. 10. 0 gold and silver plate 10017. 14 3 jewels 6556. 16. 4. provisions in the kings house 4473. 18. 7. ½ of amber , and one ship 3569. 19. 1. privy purse . 33400. fines , for retayling tobacco 14262. 16. 3. 22810. ● . 11. buildings 8547. 6. 8. ireland monyes transported out of irel. for defence of the coasts 11812. 11. 10   defective titles 8415. 11. 6. 14381 10. 11. 2.   other small extraord . 5965. 19. 5. ½   l. s. d. summ. total . 2402153. 2. 5. the ordinary annual revenue ( besides these extraordinarie vi●set modis , amounted yearely to about 487784. l. monies lent to king charles not repaid .   l. l. sir william curteene , remaine of 13500. 6750. lent anno 1625. sir peter vanlore , remaine of 10000. 500. lent anno 1625. sir roger palmer knight 1000. 2000. lent anno 1626. more lent by him , anno 1627. 1000. iohn bland and hugh perry remaine of 5000. 500. lent anno 1628. sir cornelius vermuden lent anno 1628. 10000. phillip burlamachi , lent annis 1628. & 1629. 6000. viscount camden lent , anno 1628. 2500. sir william courteene knight remaine of 3000. 500 ▪ lent anno 1628. iohn mouncie , remaine of 2000. 500. lent anno 1628. alexander storford esquier lent anno 1629. 5500. charles harbard esquier , lent anno 1629. 8000. sir iames bagg knight , 16500 ▪ lent annis 1630. & 1631. thomas isaack lent anno 1630. 1500. lord cottington lent anno 1629. 2500. sir iohn winter knight , lent anno 1633. 4000. soap-makers lent annis 1633. & 1634. 10973. 2. 10 totall l. s. d. 78223. 2. 10. the state of the lord hollands debt from the king by privy seale 9. april : 1630. ad. 1. april : 1635. writ with the archbishops owne hand . principall money 40000. 42780. 1. by privy seale .   2. for a diamond ring 1000. 3. lost to the earle at play 1780. paied of this debt . 1. by the wardship of the lady preston 15000. l. s. d. 36911. 11. 11. 2. by the sa●e of drayton , &c 2263. l. 11. s. 11. d. 3. by the purchase of wakefield 1648. l 4. by an assignment upon burlemachie 18000. restat l. s. d. 5869. 11. 11. 1. interest money demanded 9206. 15. 2. 2. loss by exchange of the monyes out of france by burlemachie 2117. 12. 6 summ. 11324. l. 7. s. 8. d. hee challenges 17192. l. 16. s. 11. d. the principall money was guift , and made a debt by a privy seale acknowledging it ; no warrant that any forbearance money should be paid before the principal . shall the king pay so much interest , because he did not give the money sooner , or pay it so soone as it was promised ? a copie of the paper with the kings hand to it , of such monyes as he allowed the lord treasurer portland to receive . vvhen your most excellent majesty was pleased to conferr upon your most humble servant , the place of treasurer of england , he made your majesty acquainted , how unable he was to support that estate , and how unwilling to draw any of your profits or revennew pertaining to your majesty ; you were pleased to give him leave to acquire some meanes to himselfe , by such suits and businesses which passed through his hands ; which without your majesties knowledge he would not have done , and hath from time to time acquainted your majesty therewith , but doth now for your majesties better satisfaction make remembrances of such monyes as he hath had , to be subject to your majesties veiw . 1. when your majesty made a grant of your preemption of tinne , though the present farmers pay more yearely then the former would give , yet they freely gave your humble servant . 1000. l. 2. within a while after you were pleased to bestow of your majesties abundant grace on your servant for his present support . 10000. 3. iames maxwell gave him for the office of the clark of the court of wards 1000. 4. sir w. withypoole for pardoning his burning in the hand 500. 5. the e. of cork at his departure , presented your servant as a meere guift 1000. 6. the duches of buckingham gave him 1000. 7. sir sackvile crow 1000 ▪ 8. sir philip caryes office 1000. 9. a great debt was owing to burlemachie for which he was willing to accept of a lease of the sugars , for satisfaction of above 50000. l. which though it was thought a hard bargaine to him , yet he well knowing how to mannage it , of his owne accord after the bargaine made , without contract or demand proferred your servant 10000. l. wherewith he acquainted your majesty , and by your approbation accepted it , and there was paid unto him 9000. l. 10. mr. fanshew for the office of clerk of the crowne 1000. 11. sir allen apslye at severall times 4000. 12. of the earle of barkeshire for the green-wax . 1000. 13. of sir arthur ingram for the changing of his lives ▪ for his pattent of the secretaryship of york . 2000. 14. of sir corn : vermuden for my part of adventure in the leadmynes , which he allowed , and afterwards redeemed of me 6000. 15. of mrs. bagnall for her ward . 500. 16. the third part of the imposition upon coles 4000. i have taken all these severall particulars into my consideration , and doe acknowledge your cleare and true dealing with me in the matters and summes above mentioned , and in acquainting me with them , from time to time , and weighing with my selfe the good service you have done me in the treasurer-ship , and the great charge you have and must be at in the sustaining of that place , i do approve and allow of all these monyes by you , to your owne use , in all amounting to 44500. l. sterling . at hampton court the 21. of october , 1634. charles r. this paper was copied out by the arch-bishops owne hand , with this endorsement : rece . april 5. 1635. by which you may discerne ; that lord treasurers knew how to enrich themselves by suits and bribes . fjnjs . a vindication of sir vvilliam lewis from one part of his particular charge by an undeniable evidence of ancient date. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91316 of text r201669 in the english short title catalog (thomason e397_14). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 4 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91316 wing p4127 thomason e397_14 estc r201669 99862170 99862170 160367 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91316) transcribed from: (early english books online ; image set 160367) images scanned from microfilm: (thomason tracts ; 63:e397[14]) a vindication of sir vvilliam lewis from one part of his particular charge by an undeniable evidence of ancient date. prynne, william, 1600-1669. 7, [1] p. [s.n.], london, : printed in the year: 1647. attributed to william prynne by wing. annotation on thomason copy: "july 9th". reproduction of the original in the british library. eng lewis, william, -sir, fl. 1647. england and wales. -parliament. -house of commons -expulsion -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a91316 r201669 (thomason e397_14). civilwar no a vindication of sir vvilliam lewis: from one part of his particular charge by an undeniable evidence of ancient date. prynne, william 1647 660 1 0 0 0 0 0 15 c the rate of 15 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-07 tcp assigned for keying and markup 2007-08 apex covantage keyed and coded from proquest page images 2007-09 elspeth healey sampled and proofread 2007-09 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a vindication of sir vvilliam lewis from one part of his particular charge by an vndeniable evidence of ancient date . london . printed in the year : 16●● a vindication of sir william lewis from one part of his particular charge , by an undeniable evidence , of ancient date . whereas in the printed particular charge of sir thomas fairfax and the army under his command against the xi . members pag 23. among other things , it is charged against sir william lewis that he being heretofore ( during these troubles ) governour of portsmouth a garrison for the parliament , in which time he received much of the publique treasure , for which he hath not yet given an accompt . to manifest to all the world the falsness and injustice of this part of his charge , ( by which ye may guess at the truth of the residue ) we have thought meet to publish to the world this ensuing certificate of the committee for taking the accompts of the whole kingdom , of the said sir williams accompt touching the moneys pretended to be received by him , as governour of portsmouth , long since presented to the house by the said committee , with this special encomium , that they found it to be a very fair and just accompt : which certificate was thereupon allowed and confirmed by the special order of the house , which certificate followeth in these words . we of the committee appointed by ordinance of parliament of the 22. febr. 1643. for taking the accompts of the whole kingdom , do hereby certifie and declare that on the 19. day of june 1644. sir william levvis knight delivered upon oath , according to the said ordinance , his accompt for all moneys by him received since the first of august , 1642. to the the 8. of june 1643. together with his disbursments for the taking in of portsmouth , pay of 〈◊〉 garrison , and other occasions there , 〈◊〉 〈◊〉 〈◊〉 : which accompt with the vouchers and discharges touching the same , by him produced and left , we have examined , and find the receipts upon the said accompt to be 13469 l. 19 s. 8. d. besides the summe of 1000 l. taken up at interest of alexander holt the 17. of april 1643. upon the bond of sir william lewis , master wallop & mr whitehead which in all amounts unto the summe of 14469 l. 19 s. 8 d. and we find that his disbursments amounts unto the summ of 14885. 16. 4. so that there remaineth due unto him , which he hath payd out more then he hath received , the summe of 415 l. 16 s. 8 d. besides the summe of 513 l. 15 s. 2 d. for the pay of 7 companies in april 1643. which is secured unto him per an ordinance of parliament dated the 4 of may 1643. and the said sir william lewis , mr wallop and mr whitehead are to be secured by the state from payment of the aforesaid summe of 1000 l. borrowed of mr holt the 17. of april 1643. and from such interest as is ( or shal grow ) due for the same . and having received the vouchers of the said sir william lewis , do according to the power given us by ordinance of parliament acquit and discharge the said sir william lewis his heirs , executors and administrators of and from the several summes of money so by him accompted for , as aforesaid . in witness whereof we have hereunto subscribed our names . john glover henry hunter lawrence brinley john stephens daniel hodson edward meade thomas hodges john gregory oliver clobery . london 15. march , 1644. copia vera . finis . mr. pryns letter and proposals to our gracious lord and soveraign king charles: and his majesties gracious resolves to all his loving subjects, of what degree or quality soever. published for general satisfaction. healthes: sicknesse prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91208 of text r203356 in the english short title catalog (thomason e1040_4). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 7 kb of xml-encoded text transcribed from 4 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91208 wing p3999 thomason e1040_4 estc r203356 99863330 99863330 115522 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91208) transcribed from: (early english books online ; image set 115522) images scanned from microfilm: (thomason tracts ; 154:e1040[4]) mr. pryns letter and proposals to our gracious lord and soveraign king charles: and his majesties gracious resolves to all his loving subjects, of what degree or quality soever. published for general satisfaction. healthes: sicknesse prynne, william, 1600-1669. [2], 5, [1] p. printed for nathaniel cotes, london : 1660. an abridgment of prynne's dedication to: healthes: sicknesse. annotation on thomason copy: "aug 17". reproduction of the original in the british library. eng charles -ii, -king of england, 1630-1685 -early works to 1800. prynne, william, 1600-1669. -healthes: sicknesse. drinking customs -england -early works to 1800. a91208 r203356 (thomason e1040_4). civilwar no mr. pryns letter and proposals to our gracious lord and soveraign king charles: and his majesties gracious resolves to all his loving subjec prynne, william 1660 1053 2 0 0 0 0 0 19 c the rate of 19 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 aptara keyed and coded from proquest page images 2007-04 celeste ng sampled and proofread 2007-04 celeste ng text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion mr. pryns letter and proposals , to our gracious lord and soveraign king charles : and his majesties gracious resolves to all his loving subjects , of what degree or quality soever . published for general satisfaction . london , printed for nathaniel cotes , 1660. mr. pryns letter to his sacred maiesty king charles . and his majestes gracious declaration thereupon . forasmuch , as there hath been many objections , excuses , and pretences , purposely made to justifie , extenuate or excuse the drinking of healths , notwithstanding the odious , sinful & unheal●hful drinking thereof ; it was judged meet to publish mr. pryns dedicatory letter to his majesty ( annexed to his compendious discourse , called , healths-sickness ) prefixed in these words ; to the most high and mighty prince , charles by the grace of god , king of great brittain , &c. most gracious and dread soveraign , the reasons which swayed and imboldened me to dedicate so small a pamphlet unto so great a patron as your majesty were chiefly these . first , because your highness in regard of these infinite and many healths , which are daily caroused in your royall name throughout the kingdom , and elsewhere , are more interested in the theme and subject of this compendious discourse , then any other that i know . in that your sacred health , your name , your crown , and dignity , by means of healths , are made the daily table-complement , grace , and first salute of every jovial courtier , and chief allegiance of every petty corporation , court or country-officer ; the phrase and valour of every deboist and roaring souldier ; the livery and table , buttery and cellar-talk of every good-fellow-serving-man ; the first ingredient of every drunkards cup ; the first pot-service of every great or mean mans table ; the onely raign or poll-axe to assault , to force , and overcome the sobriety and temperance of all true-hearted , real , practical , and blessed christians , who make a conscience of excesse ( because the scripture doth condemn it ; ) the chief alective bait , or stratagem , to draw men unto drunkennesse ; and the onely protection and patronage to justifie and bear out the intemperance and riot of all such who deemed excesse and drunkennesse , a vertue , and no sinne at all ( at least but veniall ) if your majesties health occasion it . and is not this a great affront , indignity , and dishonour to your majesty , that your sacred health , your name , and royal crown shold be thus prophaned and banded up and down in every drunkards mouth , in every cup and can ; in every tavern , taphouse , hall or cellar ; that every degenerous , infamous , and stigmatical belialist , every deboist and bruitish pot-companion , should so far debase and undervalue them ; as to prostitute them to their swinish sins and lusts . secondly , as healths do thus dishonour , so they do likewise prejudice and wrong your sacred majesty in two respects . first , in merging and quenching the fervency of prayers , turning them into prophane , hellish healths ; the onely means to draw down curses and diseases , yea woes and fatal judgments on king and kingdom deeming it a greater breach of allegiance not to pledge your majesties health then not to pray for it . secondly , by interessing and engaging your majesty in the excesse and drunkennesse of many others ; your name being made a partie to it ; four health an occasion , apologie or justification of it . thirdly , because none is so able in respect of ● and power , none more obliged in regard of duty , to purge these hydropical noxious and superfluous humours , and unhealthy healths , out of the body of our state and kingdom , now so distempered and over-charged by them . your majesties loyal and humble subject , wil : prynne . at the beginning of his incomparable book , he urgeth many solid arguments against drinking of healths ; proving it to be a vain , carnal , heathenish , and foolish custome ; and that which is against the rules of charity and justice ; so that it must needs be sinful and utterly unlawful , because it is a violation of the law of god , of man , and nature , &c. and whereas his gracious majesty having set forth a proclamation , prohibiting the spending of time in taverns , tipling-houses , and debauches , further care is now taken to prevent all such riotings , and infamous actions . and whereas several gentlemen at such times , have entred upon private quarrels , by duel & single combat , upon slight , and , which ought not to be , upon any provocation , his majesty out of his pious care to prevent unchristian and rash effusion of blood , hath set forth a proclamation , strictly charging and commanding all loving subjects of what quality soever , that neither they , by themselves , nor by others either by message , word , writing or other ways or means , challenge or cause to be challenged any person or persons to fight in combate or single duel ; nor carry , accept or conceal any such challenge or appointment , nor actually fight such duel with any of his majesties subjects , or others ; or as a second , or otherwise , accompany or become assistant therein . and his majesty hath further declared , that every person or persons who shall offend contrary to his majesties expresse command , shall nor onely incurre his highest displeasure , but thereby become incapable of holding or entertaining either office or employment in his majesties service , and never afterwards be permitted to come into his court or presence . and further , he or they to suffer such other paines and punishments , as the law shall inflict , upon offences of that horrid nature . finis . six important quæres propounded to the re-sitting rump of the long parliament, fit to be satisfactorily resolved by them upon the question, before they presume to act any further, or expect the least obedience from the free-born english nation, after so manie years wars and contests for the privileges, rights, and freedom of parliaments, and their own liberties. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56209 of text r211416 in the english short title catalog (wing p4083). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 12 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56209 wing p4083 estc r211416 99835039 99835039 39692 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56209) transcribed from: (early english books online ; image set 39692) images scanned from microfilm: (early english books, 1641-1700 ; 2038:31) six important quæres propounded to the re-sitting rump of the long parliament, fit to be satisfactorily resolved by them upon the question, before they presume to act any further, or expect the least obedience from the free-born english nation, after so manie years wars and contests for the privileges, rights, and freedom of parliaments, and their own liberties. prynne, william, 1600-1669. 1 sheet ([1] p.) s.n., [london : 1659] by william prynne. imprint from wing. identified as wing p4083a on umi microfilm "early english books, 1641-1700" reel 2038. annotation on thomason copy: "w.p:"; "xber [i.e., december]. 30. 1659". reproductions of the originals in the british library (thomason tracts), and the harvard university library (early enlgish books, 1641-1700). eng england and wales. -parliament -history -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. a56209 r211416 (wing p4083). civilwar no six important quæres, propounded to the re-sitting rump of the long parliament, fit to be satisfactorily resolved by them upon the question, prynne, william 1659 2168 4 0 0 0 0 0 18 c the rate of 18 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2002-10 tcp assigned for keying and markup 2002-11 spi global keyed and coded from proquest page images 2002-12 mona logarbo sampled and proofread 2002-12 mona logarbo text and markup reviewed and edited 2003-02 pfs batch review (qc) and xml conversion six important quaeres , propounded to the re-sitting rump of the long parliament , fit to be satisfactorily resolved by them upon the question , before they presume to act any further , or expect the least obedience from the free-born english nation , after so manie years wars and contests for the privileges , rights , and freedom of parliaments , and their own liberties . 1. whether their sudden stealing into the house by night , on monday the 26. of december after their forced dissolution by lambert , octob. 13. without any new summons or notice of their sitting given to any of their fellow-members , in the city , or people of the nation ; was not a work of darkness , rather than of light , better beseeming theeves than freemen , a guy faux with his dark lanthorn to blow up a parliament , than the honour and dignity of members of a real english parliament , and a bad omen of some dark d●signs against their fellow-members , and liberties both of the city and english nation ? 2. whether their placing armed gards that evening at the house , and all approaches to it and the next morning too , and giving colonel okey , and colonel alured ( the commanders of their gards ) their serjeant and door-keepers , strict special commands and orders , not to suffer any of the old secluded members so much as to come into the outward lobby before the house , ( whether footboys , apprentices , and other persons of all sorts had free access , ) much lesse to enter into the house ; and their forcible secluding of sir gilbert gerard , sir anthony irby , sir william waller , sir iohn evelin , mr. ansley , serjeant maynard , mr. prynne , and 15. other members more on tuesday morning , decemb. 27. out of the very lobby , in pursuance of their orders , till they crowded into the lobby by degrees against the door-keepers , and gards wills , who at first oft shut the doors against them , though they admitted apprentices , and others to pass in and out : and their seclusion of them out of the house when in the lobby , by keeping the house door fast locked against them , and ordering the door-keeper and serjeant not to open it , notwithstanding many demands to open it , and messages to them for that purpose , which they slighted ; not vouchsafing to take any notice of , after two full hours attendance by the members on them in the lobby ; nor so much as sending any member , nor their serjeant out to them ; as they usually do to every ordinary petitioner , or person attending them upon publick or private occasions ; be not a just ground and provocation for these and all other secluded members , ( being about 4. times more in number and interest to those then sitting , and the real house of commons , ) with all the respective counties , cities , boroughs , ports for which they serve , with as high co●●empt and scorn to neglect them and their illegal conventicle , ( not the tenth part of a commons house , ) to protest against all their votes , proceedings as null and void to all intents , and not to yield the least obedience to any orders , votes , or commands of theirs , till all the members be freely admitted without any restrictions , to sit and act amongst them ; it being both their privile●e , birthright , and inheritance , and they obliged by their protestation , and solemn league and covenant , constantly , zealously and chearfully to defend the same with their lives and estates against all violations , all the daies of their lives ; and therefore now if ever , in this sad posture of publick distractions ? 3. whether this their disdainfull , uncivil , unbrotherly treating of their fellow-members ( desiring nothing else but a brotherly association with them , to compose the manifold distractions , and make up the wide breaches of our sinking , dying nations , by their united councils and endeavours , and to regulate all exorbitances , occasioned by their heady councils and miscariages ) in not allowing them the privileges of porters and footboyes to enter into their outward lobby , in taking no notice of them , and putting this fresh affront upon them , after so many former indignities , in the midst of their and our domestick confusions and fears from forein parts , be not an evident demonstration ; that they intend neither the publike peace , unity , nor settlement of our government , laws , liberties , or nations , but their unjust support of their own private interests , rapines , ambitious tyrannical usurpations and exercises of supreme parliamentary civil and military authority over our three nations to imbroyl them in new wars and confusions , to prey upon the small remainder of their real and personal estates , by the power of the sword , now gotten into their hands , out of the army-officers ; who abused it likewise to the oppressing and enslaving of the people , and created them a parliament without the secluded members , and house of peers ? 4. whether their disdainfull , injurious forcible seclusion of the members , by their own special orders and commands to their gards and officers now , be not a shrewd evidence , that their former seclusions , decemb. 6. and 7. 1648. and may 7. and 9. 1659. ( acted by , and fathered on the army-officers , and seemingly disowned by themselves ) were secretly procured & countenanced by them , thus openly owning their last seclusion , by their precedent orders and subsequent approbation of it ; and that at their very first re-assembling , after their own late forcible seclusion , by lamberts and hewsons regiments , now entertained and imployed in their service , to seclude , and keep out their old honest fellow members , of untainted integrity and merit ? whether it be not a greater breach of privilege , trust , duty , tyranny , perjury , and treason in them , against all former declarations , the protestation , solemn league and covenant , taken and subscribed by them , with hands lifted up to the most high god , thus to seclude their fellow members : than it was in cromwell and harrison , april 20. 1653. or for lambert october 13. last to seclude and turn themselves out of doors , after their declaring and voting it treason , perjury and tyranny in them ? whether this their secluding of the members by col. okey himself , and others who appeared most active against their exclusion by lambert , will not draw a self-condemnation on them , as acting by their commands , against their consciences ; and justify both cromwels and lamberts seclusion of themselves ? and justly encourage all their newly reduced soldiers and others , to shut and turn themselves out of the house again upon any emergent occasion or discontent , with greater boldness and impunity than before , since they justified their last seclusion , by their former underhand encouragements of them to seclude the majority of the members , who over-voted them in decemb. 1648. and give them orders to seclude them now again upon the same account in the same month of december , for fear they should over-vote them if re-admitted ? 5. whether their printed vote , decem. 27. to take the business of their absent members into debate on the 5. of ianuary next ; instead of giving admittance , or any answer to the 22. secluded members waiting for an answer in the lobby above 2. hours , be not a meer dilatory cheat put upon the secluded members , the city of london , and whole nation ; to delay their admission till they have put new gards on , and drawn up all their forces to london , to over-awe the city , and hinder their long-delayed militia for their own security ; and setled the militia of every county under their own commands , to enslave the whole city and nation to their tyranny and usurped parliamentary power ; and then they will not only forcibly keep out all the members , but absolutely eject them , unlesse they will take their new oath and ingagement : as is evident by their speakers prohibiting the lord maior and common council on saturday last to set up their chains and settle their militia ; and their order and vote on munday night against all forces raised without their order , to hinder the m●litia in the city , when they commanded the militia in the suburbs and westminster to meet and act that day : and by some of their discourses to two seeluded members ; that there was no hopes of their admission , unlesse they were for a commonwealth , would take the ingagement , and confirm what they had done : and thereby become as guilty , treacherous , perfidious , disloyal , and hurtfull to the publike as themselves ) which those members assured them , they would never submit to , being against the privilege of parliament , their judgements , consciences , protestation , covenant , former oathes upon their first admission as members . 6. whether the city , or english nation , can expect the least justice ease or redresse of their insupportable burdens , taxes , and impositions from these new tax-masters , who ( though they are not yet the tenth part of a full commons house ) presumed to pass and print a new act of parliament , to continue their expired customs and excises on them , till march next ? whether their unpresidented presumption , in arrogating to themselves the title , power and authority of a parliament ; when all laws , and lawbooks resolve , their own consciences and the whole nation infallibly know them to be no parliament , nor commons house , hath not brought them within the compasse and penalty of this clause in their own last act , before their dissolution by lambert , october 11. intituled , an act against raising of money upon the people without their consent in parliament : and be it further enacted , that no person or persons shall after the 11. of october , 1659. assess , levy , collect , gather or receive , any customs , imposts , excise , assessment , contribution . tax , tallage , or any sum or sums of money , or other impositions whatsoever , upon the people of this commonwealth , without their consent in parliament , or as by law might have béen done before the third of november , 1640. and be it further enacted and declared , that every person offending against this act , ( therefore every of themselves who passed this new act , decemb. 27 and those who shall put it in execution ) shall be and are hereby adjudged to be guilty of high treason , and shall forfeit and suffer as in case of high treason . whether the people of this commonwealth ( the thousand part whereof knew not of their new sitting ) did ever consent to this sudden extemporary new act , made the first morning of their sitting in lesse than two hours space , when there were but 42. members in the house ; 22. secluded members at the door , and near 250. more members yet living , ( besides the whole house of lords , who must stand for cyphers ) absent , and not privy to their session , or this act ? if not , ( as is unquestionable ) whether by this their own law and act , they be not adjudged to be guilty of high treason , and to forfeit and suffer as in case of high treason , for this their imposing and continuing of customs and excises on the people ; as well as for their seclusion of their members ; which they voted to be treason in lambert ? and whether the offices and common soldiers can upon this account expect any pay from the city or country , or indemnity for secluding those now sitting , if they offend again in secluding the greatest part of the members , which are in truth the only house , which can only really pay and indemaifie them ? sad and serious politicall considerations touching the invasive war against our presbyterian protestant brethren in scotland, their late great overthrow, and the probable dangerous consequences thereof to both nations and the prorestant [sic] religion which may serve as a satisfactory apology for such ministers and people, who out of conscience did not observe the publike thanksgiving against their covenant, for the great slaughter of those their brethren in covenant. prynne, william, 1600-1669. 1650 approx. 203 kb of xml-encoded text transcribed from 38 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a56200 wing p4058 estc r5356 12378466 ocm 12378466 57195 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56200) transcribed from: (early english books online ; image set 57195) images scanned from microfilm: (early english books, 1641-1700 ; 223:10a) sad and serious politicall considerations touching the invasive war against our presbyterian protestant brethren in scotland, their late great overthrow, and the probable dangerous consequences thereof to both nations and the prorestant [sic] religion which may serve as a satisfactory apology for such ministers and people, who out of conscience did not observe the publike thanksgiving against their covenant, for the great slaughter of those their brethren in covenant. prynne, william, 1600-1669. [2], 21 p. s.n.], [london : 1650. protesting cromwell's invasion of scotland and the celebration of his victory at dunbar. attributed to william prynne. cf. nuc pre-1956. place of publication from nuc pre-1956 imprints. reproduction of original in yale university library. marginal notes. with: a brief description of the future history of europe, from anno 1650 to an. 1710. london : [s.n.], 1650. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -history -puritan revolution, 1642-1660. scotland -history -charles i, 1625-1649. scotland -history -1649-1660. great britain -church history -17th century. 2002-04 tcp assigned for keying and markup 2002-05 spi global keyed and coded from proquest page images 2002-06 judith siefring sampled and proofread 2002-06 judith siefring text and markup reviewed and edited 2002-07 pfs batch review (qc) and xml conversion sad and serious politicall considerations , touching the invasive war against our presbyterian protestant brethren in scotland , their late great overthrow , and the probable dangerous consequences thereof to both nations and the prorestant religion . which may serve as a satisfactory apology for such ministers and people , who out of conscience did not observe the publike thanksgiving , against their covenant , for the great slaughter of those their brethren in covenant . printed in the yeer 1650. sad and serious politicall considerations . the english independents new invasive war against their presbyterian protestant brethren of scotland , and late great rout and slaughter of their army , meeting with variety of censures and constructions , according to the dive●sity of mens inclinations and interests , some prudent christians , ingaged to no parties , whose interest is onely the preservation , propagation and safety of the reformed protestant religion against the common enemies and underminers thereof , have these sad melancholy apprehensions thereof ; that it is a dolefull prologue and tragicall scene , not onely to the approaching ruine and desolation of both kingdoms for their manifold crying sins , but likewise to the speedy subversion of the true protestant religion , and extirpation of all zealous professors thereof through our three kingdoms , and in forraigne parts , upon these ensuing considerations . 1. that the kingdoms of england and scotland make up the greatest body of the protestant religion in christendom , being best able to defend themselves , and succour other reformed churches , when indangered and designed to ruine by popish enemies , as the lords and commons declared long since in their * protestation to this kingdom and the whole world , 22. octob. 1642. and in their order of the seventh of october 1643. and therefore the ruine of the protestant party in these kingdoms , is the readiest way to indanger , conquer , ruine all other reformed churches in the world , and extirpate the protestant religion in all other countries ; as they there likewise declare . 2. that the pope of rome , jesuites , priests , papists , and their confederates , upon this ground , have for many years last past , by open force , and secret practices , endeavo●red the extirpation of the protestant religion and most zealous professors thereof throughout these kingdoms , and made it their chiefest designe to reduce them to their pristine obedience to the see of rome , which by the popish negotiations with spain , the papisticall match with france , the agency of the popes nuncio's , the practices of priests and jesuites in england ( countenanced and protected against the force of lawes ) and the confederacy of popish prelates , clergie-men and courtiers with them in these designes , they had almost totally accomplished and brought to full perfection in all our realms ; as the whole house of commons in their remonstrance of the state of the kingdom , 15. decemb. 1641. and other subsequent declarations ; and they and the scottish commissioners in their impeachments against the archbishop of canterbury , largely remonstrate . 3. that the most zealous protestants , then branded with the name of puritans and presbyterians in england and scotland , were the principall and only obstacles to the finishing of this their neare compleated work. whereupon the * jesuiticall , popish and prelaticall prevailing f●ction resolved to root them out of this kingdom by force , or drive them out with fear , and rid them all out of the way . for the better effecting whereof , they thought it necessary to reduce scotland to such popish superstitions and innovations , as might make them apt to joyn with england in that great change which was intended : whereupon new popish canons and a liturgy reformed much after the modell of the papists mis●alls , were prest upon them ; and all the arminian and popish doctrines broached , maintained , and new popish ceremonies practised in england , were in deavoured to be planted and set up in † scotland . 4. that this their dangerous ripened designe finding no publike , but onely private opposition in england by particular persons , who were ●ined , * pillori'd , stigmatized , deprived of their ears , close imprisoned , banished and ruined by the star-chamber and high-commission , to the publike terror of all others ; thereupon the scottish puritans and presbyters were the first visible instruments raised by god to give a publique check to their successefull design , beyond their or our expectations . 5. that hereupon the † jesuiticall and prelaticall popish party raised two severall armies successively to suppresse and extirpate the puritan and presbyterian party in scotland , as the only remo●a's to their design ; and were most active and forwards in their leavies and contributions against them ; indeavouring to ingage the protestant party in both nations in a bloudy civill war●e to their mutuall ruine ; to which the puritan and religious party in england were most averse . first privately murmuring , and afterwards publiquely protesting against this warre , as dishonourable and dangerous to religion and both kingdomes in the parliament , in april 1640. purposely summoned to raise moneys to carry on that war , which they refused to grant to so ill a purpose , and did all they could to blast their malicious designs and warre against scotland ; whereupon the popish party caused that parliament to be dissolved , and did all they could by violent arbitrary courses , and illegall loanes and taxes , to raise forces and moneys to maintain a warre against them ; imprisoning and prosecuting those , who resisted or refused to assist them in this warre , in the self-same manner as those in present power have done , divers of their christian brethren for manifesting their dislike and backwardnesse to assist them in this ungodly invasive warre against their protestant brethren in covenant against many publique ingag●ments , and not giving publique thanks to god for their late overthrow . 6. that the scotti●h puritans and presbyterians advance with their army into england , in the year 1640. of purpose to preserve the religion , and protect themselves and their english brethren from slavery and ruine ; was the * pri●cicipall and only means under god , of preventing their own and our thraldome to no p●ry and tyranny , of frustrating all the jesuites , papists and prela●es designs , of securing religion , laws , liberties , and conve●ing the last parliament ; which through gods blessing on their indeavours , through the assistance of the scottish commissioners , and countenance of their army , over-powered the popish and prelaticall faction , brake all their former projects in pieces , suppressed all their popish innovations , doctrinall and ceremoniall , reconciled the differences between both nations , setled a firm unity and amity between them , by an act of oblivion and pacification , abolished the high-commission , star-chamber , extravagances of the councell-table , the bishops courts , and votes in parliament , ship-money , impositions , and all other illegall taxes ; quickned the laws against jesuites , priests and popish recusants ; passed a law for triennuall parliaments , and another against the untimely adjourning , proroguing and dissolving of themselves at the kings own pleasure , and thereby put our religion , laws , liberties and properti●s in a farre better condition of security , and the popish and prelaticall party into a farre worse , and more hopelesse and desperate condition then ever heretofore . 7. that to prevent and frustrate these laws and this security , the † jesuiticall and prelaticall party whilest they were in agitation , indeavoured all they could by subtill practices , slanders , and private solicitations , to raise jealousies and divisions between the scottish commissioners and army , and the parliament , to ingage the scottish and english armies each against other , or to make the scots stand neutrall to the parliament , that so they might bring up the english army from the north to london to over-awe and suppresse them , and hinder the union between both kingdomes ; which through the fidelity of the scots , and of some officers in the english army , was timely discovered , prevented , and a firme union between both kingdomes setled by acts of parliament , passed in the parliaments of both nations . 8. that these acts of pacification and union between both kingdomes , and the religious party of both nations , the extirpation of prelacy and the popish hierarchy , and the establishing of a presbyterian government and uniformity in doctrine , worship and discipline in both kingdoms were apprehended , prosecuted and resolved upon by the most religious protestant party and * parliaments of both nations , as the readiest , probablest , and most effectuall means under god to preserve and secure their religion , lawes , liberties , against all future invasions , and to frustrate all popish and prelaticall design●s against them , and were accordingly † esteemed and looked upon by the adve●se popish and prelaticall party , who thereupon attempted with all their policy and power , to uphold prelacy , and retard and prevent the establishment of ●resbytery , as fatall to all their hopes and designes ; and thereupon improved all their int●rest both at home , and with forraigne ●rinces , to raise what forces they could , to break this d●signe and the ●arliament too , before they should accomplish it . 9. that when the jesuiticall , popish and prelaticall party in england , ireland , scotland , and forraigne parts , had taken up arms , and raised great forces to hinder the settlement of the presbyterian government● , suppresse the late parliament , subvert the protestant religion , introduce popery and tyranny , ext●rpate the puritan and religious party in england and ireland , and were grown very strong and p●evalent in both , the * scottish presbyterians ( now invaded and defeated ) out of their brotherly love , and christian aff●ction , in this extremity of danger , for the preservation of our religion , liberties , lawes , parliament , and the godly party in england & ireland , at both hous●s earnest solicitatio● , did readily and chearfully assist us with their forces in both kingdoms , and thereby , through gods b●essing , were a great means of weak●ning and subduing our enemies , and prese●ving our religion , lawes , liberties , lives , from utter destruction ; which brotherly assistance , with so powerfull an a●my of above twenty thousand ho●se and foot in our greatest dangers , was so welcome to us , that the house of commons on the second of february 1643. † ordered , publike thanks should be given in all churches for the aid and assi●tance come in by our brethren of scotland : and when the malignant party there , in their absence for our preservation , had p●ev●iled and routed only some few of their force● ( nothing considerable in comparison of those lately slain and defeated ) left behind for their defence , both houses were so sensible thereof , that they appointed a speciall d●y of humiliation for the miseries of scotland throughout all the parliaments q●arters by their * order of 2. september 1645. which was accordingly observed ; so much did they and we then condole th● least overthrow and misery of our scottish brethren in covenant ●being members of the self●same body of christ ) as if it had been our own : whereas now on the contrary , we invade , slay , d●stroy and ruine these our brotherly assistants , rejoyce & triumph at their misery , appoint publike da●es of thanksgiving throughout the whole nation for their gr●at slaughter and overthrow , and hang up the ensignes taken from them in westminster hall , as publike trophies and testimonies to succeeding ages of our gratitude and brotherly kindnesse towards them , and of our religious observation of our solemne nationall league and covenant with them , not long since made and entred into upon their coming in to our assistance . 10. that in the extremity of our dangers , by the prevailing popish party , the † parliaments , ministers , and religious people both of scotland and england did resolve it most nec●ssary , and essentiall for gods glory and their s●fety , to enter into a more sacred and stricter union then formerly , for defence of their religion , king , parliament , lawes , liberties , the extirpation of popery , of prelacy , and the bringing of all our kingdoms to uniformity in doctrine , worship and discipline , by a solemne nationall league and covenant , as the onely means under god , to prevent all future differences and breaches between all the godly people of both nations , to preserve and secure religion , lawes , liberties , and priviledges of parliament , against all present and future attempts whatsoever , and dash in pieces all the designes , practices , hopes of the jesuiticall and prelaticall faction in all our kingdoms : which league and covenant was accordingly agreed upon by the parliament , and assemblies of divines in both kingdomes , and after that most chearfully and solemnly taken and subscribed , not only by the scottish parliament , army , clergy , and generality of that nation , but by all the members of both houses of our parliament , the genera●ity of all the godly ministers and people in england and ireland ; and by all , or most officers and souldiers in the parliaments armies ; who many of them carried it in their hats , hands , and fixed to their pikes as they marched , and amongst others it was taken and subscribed by * oliver cromwell himself and ireton ; and every man by ordinances of both houses , was disabled to injoy or exercise any civill or military office , or place of trust whatsoever in the state or army , who did not solemnly take and subscribe it● whereupon it was almost universally● taken and subscribed in a most sacred and solemn manner throughout the kingdome , and followed with many glorious victories and successes , till the popish and prelaticall malignant party in england were totally subdued ; all counties , and garrisons fully reduced to the parliaments command ; and a happy peace and settlement of our reliigion , laws , liberties upon most safe and honourable terms , indeavoured , expected● and almost accomplished by a personall treaty● , with the king in the isle of wight . 11. that to prevent this peace and settlement ; the † officers of the army ( who love to make a trade of war , thereby to gain and keep all civill and ecclesiasticall power in their own hands , and to inrich themselves with our three kingdoms spoils and ruine ) confederating with some few members of the commons house against their trust , duty , oaths , protestations , the very letter of this solemn league and covenant , and all the ends thereof ; forcibly seized , condemned and beheaded the late king , secured and secluded the greatest part of the commons house addicted to the presbyterian government , suppressed the whole house of lords , disinherited the kings posterity of the crown , subverted the fundamentall government of the kingdome ; usurped all regall and parliamentall authority to themselves ; and by colour thereof , now trample all laws , liberties , and priviledges of parliament under feet ; remove all or most zealous presbyterians ( though never so eminent actors and sufferers for religion and the publique weal ) out of all offices and places of power and trust throughout th● nation ; discourage and discountenance all or most pr●sbyterian ministers , especially the most pious ; banish some , imprison others , recall the sequestrations , and substract the a●gmentations , and tithes of all or most of them , to starve and ruine them ; withdraw themselves from their ministery , suborn or tolerate their monethly prognosticators , and diurnalists to revile and rail openly against them in print , without the least controul , and to prognosticate their and their presbyterian gouernments downfall , to incense the people against them and it ; invent and prescribe new oaths , ingagements , publications , observations of thanksgivings , and humiliations , and other snares and engines , thereby to insnare either their consciences , or indanger their estat●s , liberties , ministery , persons in their plundring committees , and new arbitary judicatories ; declare against the solemn league and covenant as expired , abolished , yea , and dangerous and unlawfull to be kept , set up and inforce an anti-covenant engagement to frustrate , null , and abjure it , debar all from all publike offices , pref●rments , augmentations , degrees of learning , the practise of the law , and the very benefit of the laws of england , ( for which we have so long contested with the kings party ) who will not out of conscience or loyalty subscribe it ; oppose and traduce the presbyterian government , as papall , antichristian and tyrannicall ; exempt all s●ctaries whatsoever from all penall laws , in not repairing to any publike ordinances or churches ; authorize them freely to meet when and where they please in private conventicles , ( where running priests and jesuites may and wil easily seduce them ) without the least danger or disturbance : and because their brethren of scotland stick close to their presbyterian government and covenant , and have closed with their king at last , according to their covenant and allegiance , and will not disinherit him as they have done ; they thereupon have recalled cromwell out of ireland from prosecuting the irish papists and royalists , made him their generall instead of the lord f●irfax , and sent him in to scotland , without any real provocation on their part , to invade them with an army , where he entred without the least resistance , seized some of their towns and garrisons , provoked them oft times to fight , when they declined fighting , and at last gave them battle in their own countrey , routed their whole army , and though he lost not forty men in the fight● yet he and his forces , out of their christian charity cut down near 4000. of them in the pursuit , maimed and wounded above 5000. more , whereof many are since dead , and more like to die ; took 10000. of them prisoners , 5000. whereof are sent captives into england ; since which he hath taken edenborough and leith , prosecutes his victory with all vigour , sends up all the scots colours to westminster , where they are publiquely hung up in the hall for triumph . and for this great slaughter and overthrow of our presbyterian brethren , a solemn publike day of thanksgiving hath been prescribed to be strictly observed throughout the nation , and celebrated in many places accordingly , to involve the whole nation in a double guilt of their bloud : first by their contributions to pay the army sent against them , next by publike thanksgiving to god for their destruction , and that in those very churches and places , where we not long since lifted up our hands and subscribed our names , when we took the forementioned leaga● and covenant in the presence of god himself , angells and men , † sincerely , really . and constantly to preserve their religion in doctrine , worship , discipline , government , and with our estates and lives mutually to preserve the right and priviledges of their kingdome and parliam●nt , and to bring all to condigne punishment , as malignants , incendiaries , and evill instruments , who should indeavour the dividing of one of the kingdomes from another , and each one of us , according to our place and interest , to indeavour that both kingdomes may remain conjoyned in a firm peace and union to all posterity ; and that we shall not suffer our selves directly or indirectly by whatsoever combination , perswasion , or terrour , to be divided or withdrawn from this blessed union , which so much concerns the glory of god , and good of the kingdomes , but shall all the daies of our lives zealously and constantly continue therein against all opposition , and promote the same according to our power against all lets and impediments whatsoever , &c. which how well and really we have performed , let that almighty god , the searcher of all hearts● in whose presence and name we made and subscribed this covenant , judge , and our own consciences , as we shall answer the contrary at that great day , if we seriously repent not of it now , whilest we have time , and space of repentance given us . 13. that upon the due consideration of all these premises , we shall not conclude as some rigid presbyterians do , perchance not without good grounds ; that this invasive warre with our brethren of scotland is an apparent violation of every clause and branch of the solemn brotherly league and covenant , and a very strange act of ingratitude and injustice in invading their kingdom , because they will have a king , according to their ancient constitution , government , laws , covenant ; and in indeavouring to deprive their king of the kingdome of scotland , because they have injuriously and per●idiously dispossessed him of his two kingdoms of engl●nd and ireland , against their national league and covenant , and other oaths , for fear his possession of that his hereditary kingdom should be a means to regain the other two , ( which is as unconscionable and unreasonable , as if a great statesman or commander should wrongfully deprive his neighbour of all his lands and goods in a third parish or county , because he hath forcibly dispossessed him of all his lands and goods in two other parishes or counties , that so he might never be able to recover them by suit of law , having no means left to maintain his suit against him ) but rather infer from thence , first , that this war with scotland is not only exe●eding scandalous , dishonourable , and disadvantagious to all the professors of the reformed protestant religion in both kingdoms , and throughout the christian world , to behold protestant brethren in covenant thus invading , slaughtering and destroying each other upon such slender unchristian carnall grounds , but † ungodly too . secondly , that this invasive war , and great slaughter of the most zealous scottish presbyters , is a matter of greatest joy , triumph and advantage to the jesuiticall , popish and prelaticall party , and tending much to the present promotion and future accomplishment of all their former frustrated , successelesse , and almost hopelesse malicious designs against the puritanicall and religious party in both kingdoms , and the intended accomplishment of the presbyterian government , and r●formation of religion in them , which they so much feared , and opposed by open force of arms and secret policies , who will now indeavour to continue and heighten our open divisions ( first plotted by them ) till we have weakned and destroyed each other by our civill wars , and made our selves fit to be suddainly surprised and destroyed by their party , when we have consumed and undone each other . thirdly , that in these respects , the successes , great victories , and slaughters in this unnaturall and unchristian warre against our protestant brethren in covenant , are no matter of publike joy , thanksgiving and triumph to the conquerours , as some vainly conceive , but of greatest publike lamentation , humiliation and mourning , ( it being both unnaturall , uncharitable , and unchristian for members of the same body of christ , and sworn christian brethren , ingaged by covenant , and god himself , to protect and * love each other with a pure heart fervently , to murther and destroy each other ) an argument of gods heavy wrath against us● tending to our desolations , as the sacred tex●s and presidents compared together , will fully resolve the conscientious perusers of them . iudg. 21.1 . to 18. 2 sam. 1.12.17 , 18 , &c. 2 sam. 2.12 . to 29. to 3.30 . c. 39. c. 4.8 , 9 , 10 , 11 , 12. c. 19.1 , 2 , 3 , 4. 2 chron. 28.5 . to 16. ezek. 19.12.2.33.14 . ezek. 35.1 . to the end . obad. 1. to the end . amos 1.9 , 10 , 11 , 12. gen. 37.26 , 27. 1 sam. 14.7.7 . 1 kings 13.30 . psal. 35.14 . isay 9.19 , 20 , 11. c. 19.2.3 . 2 chron. 15.5 , 6. ier. 22.17 , 18. ezek. 38. 21 , 22. mich. 1.2 . &c. zech. 7.9 . to the end . mal. 2.10 . mat. 10.21 . &c. 1 iohn 3.10 , 21 , 12. exod. 2.11 , 12. iudg. 9.5 . to the end , a sad story , 1 kings 12 , 14.15 . 2 chron. 11.4 . c. 21.4.12 , 13 , 14. &c. neh. 5.1 . to 10. iob 6.14 , 15. prov. 6.16.19 . isay 66.5 . acts 7.26 . mat 12.25 . mar. 3.24 , 25 , 26. gal. 5.14 , 15. iam. 3.14 , 15 , 16 , 18 , 18. c. 4.1 . 9 , 10 , 11. fourthly , that the continuance of this unbrotherly warre with scotland , will be the utter ruine of all the presbyterian godly party in that nation● if god shall frown upon them ; and the utter subvertion of the presbyterian government there , where the prelaticall and malignant party will soon get head and sway all , to the strengthning and reviving of their numerous party in england : or in case god give them after some overthrows , a glorious victory over the english independent forces ( as he did to the defeated israelites over the benj●mites , iudg. 20. ) it will certainly ruine all the independent party in england , who have so cheated and tyrannized over all sorts of men , that they will never be able to make head again , if once defeated , and find all mens hearts and hands against them , for their manifold extravagances and tyrannicall proceedings against all ranks and degrees of men , & subverting the whole frame of our civill and ecclesiasticall government . and if the presbyterian party in scotland be much weakned and impoverished by the victory , and the presbyteriall ministers and gentry of england discountenanced , and thrust out of all power and reputation in the interim , as they are through their cowardize and folly ; how far this may indanger and expose them to the popish and prelaticall parties power and malice hereafter , is very considerable ; and how far their present contributions ( though not voluntary ) without distresse or forcible coaction against their king and brethren of scotland , and sitting still like idle neutrall spectators , without contributing the least visible assistance to either of them , may be interpreted by their king and them , to be a b●each of ●heir nationall league and covenant , and of their allegiance to their soveraign , in case they should prevail , and restore the king to the crown of england by their own forces only , without the english presbyterians assistance , to the indangering of their persons and estates , and the losse of all that favour and respect from either ( which their actuall conjunction with them might procure ) to the ruine of the presbyterian , as well as independent party in england , and setting up of the popish and prelaticall malignant party in supreme power and favour in this realme , is very considerable . fifthly , that if the scottish presbyters , and the kings party in scotland shall be both conquered by the english independent forces , and unable to defend themselves , or their king , and to settle him in his kingdoms , then greater dangers are like to insue to our religion and kingdoms , then otherwise in some wise mens judgments ; because the independents ( as their present violent proceedings manifest ) wil probably use their presbyterian brethren in england , no better then those in scotland , and extirpate them if they can ; and the king then will be necessitated to cast himself wholly upon the assistance of forraign states , and kings , and their forces , as his last refuge ; which he hath hitherto declined as dangerous both to himself and his people . if he in this extremity throw himself upon any forraigners , they must be either papis●s only , or protestants alone , or both of them joyntly . if on papists only , which some think most probable ; first , in regard of his queen mothers great interest in that party , both in france and italy , being of that religion : secondly , in respect of the open differences and wars already between us , and france , and portugall , two popish kingdoms , which are like , to continue and grow greater every d●y : thirdly , in respect of that parties constancy and fidelity to the king and his father : fourthly , because that party is most powerfull , and most likely to close with the king for the advantage of the catholike cause , and reducing of england to it's former obedience to the see of rome ; so that without gods infinite mercy , it will necessi●ate him for a full compliance with them : first , to match into some great popish family , upon the same and harder a●ticles , then were inforced on his fathes by spain or france : secondly , to alter his religion , and professe himself a roman catholike , and obedient son to the roman pontife , as king henry the fourth of france did : thirdly , to covenant and ingage with them for an utter extirpation of the protestant religion ; and of all independents and presbyterians , as not only heretikes in religion , but regicides , traytors , rebells , covenant breakers , p●rjured persons , who make no conscience of oaths , vows , protestations , declarations , and professed enemies to monarchy , who have murthered his father , banished his mother , disinherited him of three crowns ; and indeavour to imbroil and subvert all monarchies and kingdoms in christendome : fourthly , to swear and ingage to set up and tolerate none but the roman religion in his kingdoms , when he shall be restored to them by their assistance and forces : fifthly , to promise satisfaction of the greatest part of their expences in this war , out of the puritans and protestants estates , who have been in arms , or any ways acted , or contributed assistance of moneys against his father or him , and to make full reparations of all damages to such papists , who have left their estates and fortunes to assist his father or him . upon these terms he may easily gain the joynt assistance of all popish kings , kingdoms , and states in europe , through the popes powerfull mediation . and if hereupon , through their aid , he should so far prevail as to get into actuall possession of his thrones and kingdoms by the meer power of the sword , without any terms or conditions by way of treaty , of which there will be little probability ; we can then expect nought else but these dismall consequences . first a totall ●radication of our reformed religion , and of all zealous professors thereof , especially such who have acted any waies against the king or his father , a full repeal of all penal laws , against jesuites , priests , papists , and a publike profession and practise of the romish religion , and of that only throughout our kingdoms . secondly , a totall subversion of all our former laws and liberties , and a full exercise of all arbitrary and tyrannicall power over our lives and estates . thirdly , an absolute confiscation of all our lands and estates , together with our lives , to satisfie the kings debts , gratifie his assistants , and repair the losses of his faithfull catholikes , whom we have undone by adhering to his party . fourthly , an absolute inslaving of our whole nation to these forraign conquerours ; if not a totall banishment , and extirpation of them out of their native soil ; the case of the ancient † britains , when conquered and driven out of this their countrey by saxons , and the extraordinary pestilence and famine sent amongst them for their sins , and then a dieu both to our religion and nation . but in case the king should not prevail to conquer us by their power , the least we can expect is , first , a continuall long lasting warre , and open hostility by land and sea with all romish kings and states , the very charge whereof , now we are almost quite undone and beggered already , which will utterly ruine and undo us . secondly , losse of trade and commerce with all those kingdoms and states , with whom we are in hostility ; which will utterly break us in one year or two for want of venting our native commodities , our chiefest inablement to maintain the wars . thirdly , intolerable uncessant taxes of all sorts , which will every moneth grow heavier and greater then other , which accompanied with want of trade , will cause a generall insurrection at last both of poor and rich against those in power , and put all into confusion , to the enemies great advantage . fourthly , a necessity of seizing and selling all colledges , corporations , companies , hospitalls and gleab-lands throughout the realm ; and of new projects to make new delinquents , of purpose to raise moneys to defray the extraordinary expences of the armies and navies : and what garboils this will produce , all prudent persons may easily conjecture . fiftly , a generall decay of religion , piety , learning , law , and all arts , sciences , trades . sixthly , an extraordinary new effusion of christian bloud . seventhly , an inundation of all kind of sin , wickednesse , atheism , heresie , blasphemy , murders , rapes , robberies , oppressions , whoredome , drunkennesse , dissolutenesse , barbarousnesse , and disobedience to laws , magistrates , ministers , parents , and other disorders . eighthly , free-quarter , insolences of souldiers , spoiling , plundring , if not pestilence and famine , the usuall concomitants of warre , which will reduce us to a condition worse then nothing in conclusion . if he cast himself upon forraign protestant kings , princes and states alone , the far better , though unlikelier of the two ; yet this will certainly prove , 1. a great dishonour to god , and scandall to reformed religion , to see them so unnaturall and unchristian as to imbrue their hands in one anothers bloud . 2. an extraordinary ground of joy and triumph to the pope and his confederates , to behold their enemies thus murthering , invading , and destroying each other by their mutuall dissentions ; when they by all their power and policy were unable to accomplish their ruine , and do them so great mischief . 3. a great indangering of all the protestant churches and states in europe , by incouraging their popish adversaries to invade and ruine them , whilest thus ingaged in an unbrotherly and unchristian warre between themselves , and weakening , impoverishing and destroying each other . 5. an effusion of much precious protestant bloud , which will † cry for vengeance to heaven against the originall authors and occasioners of such a warre . 6. if the king shall inthrone himself , and regain his kingdomes by their assistance ; though the profession of the protestant religion may still be continued , yet we may justly fear , 1. that the purity and power of religion will be much abated . 2. that our lawes and liberties will be much indangered and eclipsed . 3. our estates confiscated to make them reparations , and satisfie the kings ingagements . 4. their removall hence will be disputable , when once possessed of our country ; as the history of the danes invasions of this island heretofore , and the saxons full possession thereof , with the britains expulsion , will manifest . 5. if the king and they be repulsed by us , yet this will prove a seminary of lasting wars and breaches between us and most protestant kingdoms and states ; it will hinder all commerce between them and us , to the destruction of merchandize and trade ; destroy the protestants strength and interest ; impoverish us through taxes , fill us with d●scontents , augment our divisions , if not conclude in our beggery and ruine . if he throw himself upon forraign papists and protestants joyntly , then , first , the wars are like to be more generall , dangerous and costly to us , and of longer continuance . secondly , the divisions and dangers from at home are like to prove the greater , since all discontented and oppressed protestants and papists will then be apt upon all occasions and advantages to joyn with that forraign party they best affect , and from whom they may expect the most favour and the best conditions . thirdly , if the king prevail , then both parties must be satisfied , and his debts defrayed out of our estates ; both gratified with a free toleration and exercise of that religion throughout his realms as both sides professe : and between them both all will be plundered , impoverished , ruined , and perchance inforced to quit the whole kingdom to one or both of them , who will challenge an interest therein by conquest and the longest sword , and hardly part with it when once possessed thereof . fourthly , if the king and they should be foiled by us , yet the wars and differences would survive , all commerce and trading lost , armies and navies must still be maintained , and garrisons in all our kingdoms to secure us ; taxes , oppressions , and all publike grievances continued and mul●iplied , and thereby new intestine commotions raised ; which of themselves alone will destroy us without any othe● enemy , and suppose the king himself should miscarry in these warres , yet the title and right of the crowns of our thre● kingdoms s●rviving to his brothers , or if they miscarry , to his sister , matched to the prince of aurenge ; or if they all should fail , descending to the queen of bohemia , and prince elector palattine ; their severall new titles and interests will find means to infest us with new warres , till they have either obtained their rights , or rui●ed both themselves and us . so that unlesse god put so much wi●dome , and spirit to the english nation , as to restore the king to his just rights upon safe and honourable terms , according to their oaths , covenant , protestations , declarations to all the world , and principles of their religion ; we can in humane proba●ility expect nought else , but the utter ruine , both of our religion , nation , kingdoms , and totall extirpation by forraign enemies . and certainly if we seriously consider , 1. the infinite divisions , discontents , & oppressions that are every where amongst us . 2. the heresies , blasphemies , sects , and schisms that are lately broached , and publikely countenanced by us . 3. the generall contempt and neglect of the publike ordinances of god , and free toleration granted to all to withdraw themselves from them , without the least censure or punishment . 4. the generall contempt , hatred , discountenancing , reviling , and persecuting of godly and faithfu●l m●nisters throughout the nation , and the snares that are daily laid to intrap and ruine them . 5. the extraordinary apostacy of many professors , from the truth , purity , and power of religion , almost to professed atheism , contempt of the word , prayer , preaching , sacraments , and all other o●dinances , to meer licentiousnesse , lukewarmnesse , and prophanenesse . 6. the generall inclination of the people to errours , e●thusiasmes , and seducing spirits . 7. the little cordiall reall love and affection between professors of religion , and the great animosities , hatreds and divisions amongst them , both in opinion● practise and affection . 8. the little conscience of oaths , protestations , covenants , promises ; and great hypocrisie , covetousnesse , oppression , self-seeking , envy , hatred , and malice that is in the nation , and amongst those especially , who professe themselves saints of the highest form . 9. the universall inundation of all kind of sin and wickednesse , and open profession thereof in all places . 10. the extraordinary injustice , tyranny , cruelty and mercilesnesse that all parts of the land complain of , and groan under . 11. the great effusion of christian bloud , and of the bloud of our christian brethren in covenant , that our whole land is polluted with ; and our rejoycing in this bloud-guiltinesse , instead of repenting and mourning for it . 12. our present decay of trade and merchandize . 13. our intolerable taxes and impositions o● all sorts . 14. the extreme poverty of our kingdom , and increase of poor people in all parts , which have little work or none , and will not sta●ve . 15. the divisions of our forces into ireland and scotland , where standing armies and garrisons must be constantly maintained for fear of revolt . 16. our great breaches with france and portugall , and no good quarter with any forraign states or kingdomes , which as yet will neither own , nor hold full and open correspondency with our new governours or government . 17. the revolt of most of our forraign plantations from us , and the late declaration against them , as traytors , and rebells , who count us such . 18. the negotiations with the pope and popish kingdomes , and most protestant princes and states to incense them all against us , as enemies to all magistracy and publike government , and to mankind it self , as salmatius hath published us in print . 19. the spreading the pestlence in many places , and the feared famine throughout the realm . 20. the manifold injuries and afronts offered to all the nobility , and most of the gentry of the na●ion , and the whole nation it self , in the change of the government , without and against their consent , in contin●ing and increasing their burthens , taxes , and out-lawing many of them , because they will not subscribe the ingagement , in erecting new high courts to take away their lives , without any legall triall by their peers , for offences punishable by no common law. 21. the ex●cution of so many protestants , and not of one papist whatsoever by these or other courts of justice , though the chief contrivers of our late unhappy wars , and discontinuance of all capitall proceedings against priests and jesuites , since the abolishing of the oaths of supremacy and allegiance , made principally against them and the popes usurpations and practises . 22. the injustice of our present cause and warre , meerly against monarchy , presbytery , and old english peers and parliaments , purposely to support the present government , set up by the meer power of the sword , yea founded on the bloud of a protestant king , and ruine of the very best of parliamen●s , to prevent a settlement of peace and religion by an unbloudy treaty . and then compare them with the premises , and cardinall richelieu his instructions and advice to the late french king , a little before his death , ( published by an italian of good note , and printed in italy . anno. 1645. ) to foment the late differences between the late king and parliament all he could ; and if possible by the solicitation of his instruments , to draw the commons to change our monarchy into a meer republike , thereby to imbroil all our kingdomes in civill warres against each other , as the only and best policy of all , to weaken and destroy both our power and religion , and advance the interest of france and catholike religion , which we see now accomplished according to his advice ; and then we have just cause to fear an inevitable approaching ruine , both of our religion and nation , notwithstanding our late victories and successes ; which do but weaken , impoverish , destroy our selves , and promote the designs of our common enemies , unlesse god give us a timely sight and reformation of this our impolitick oversight , and incline our hearts to a generall peace and unity th●oughout our kingdome , by restoring every man to his just right and inheritance , from the highest to the low●st , and abolishing all future seeds and occasions of our intestine warres : the serious consideration of all which premises , are a sufficient satisfactory apology for all ministers or others , now questioned for the non-observance of the late thanksgiving day , ●or the great rout and slaughter of our protestant presbyterian brethren of scotland , against all their persecutors . we shall therefore close up all with abners speech to ioab , in case of the civill wars between the house of david and saul ; wherein the is●aelites ( of the same religion and nation ) unnaturally fought and slew each other , ioabs souldiers pursuing and slaughtering abners , whom they had discomfited in battell , addressing to those in present power , 2 sam. 2.26 , 27 , 28. then abner called to ioab , and said , shall the sword devoure for ever ? knowest thou not that it will be bitternesse in the latter end ? how long shall it be then ere thou bid the people return from following their brethren ? and ioab said , as god liveth , unlesse thou hadst spoken , surely then in the morning the people had gone up every one from following their brethren . so ioab blew a trumpet , and all the people stood still , and pursued after israel no more , neither fought they any more : which we heartily pray may be the fruit and issue of these sad and serious meditations of those who drive on no other design , but the preservation of religion and their native countrey from totall and finall desolation . finis . a brief description of the future history of europe , from anno 1650 to an. 1710. treating principally of those grand and famous mutations yet expected in the world , as , the ruine of the popish hierarchy , the final annihilation of the turkish empire , the conversion of the eastern and western jews , and their restauration to their ancient inheritances in the holy land , and the fifth monarchie of the universall reign of the gospel of christ upon earth . with principal passages upon every of these , out of that famous manuscript of pavl grebner extant in trinity-colledge library in cambridge . composed upon the occasion of the young kings arrival into scotland , to shew what will in probability be the event of the present affairs in england and scotland . ludit in humanis 〈…〉 printed in th● 〈…〉 to the ingenuous and wel-affected readers . gentlemen , i here present you with a mishapen embryo , having neither had time for perfection , nor life to actuate acception . a meer chaos and disordered discourse is it , yet for matter treating of wonderfull and famous events , which i● this european world are quickly to be performed . it is true , that primi foetus sunt horridiores , a● commonly defective in mature conceptions and ripenesse of judgement . yet they that reade this pamphlet seriously , will finde those passages opened ( i will not say fully explained ) in scripture , which commentator never yet disclosed● nor divine unfolded . in such a● intricate la●●rinth it is easie to stray : therefore i am confident , charity will usher your iudgements , and your love cover mine infirmities . i know i have slipt in many places , but for the present can neither tell where , nor how● some ariadne might do well to lead the way , and i shall be as ready to follow : secundae cogitationes sunt meliores : if i finde those non-entities to be accepted with , but as much respect as worse ware every day is , it shall not irk me to bestow a week or two in licking it over into a better form and putting a handsomer coat upon it's back . there are several passages in it , which ( i know ) will not resent with our great ones : but amicus plato , amicus socrates , yet magis amica veritas , which shall prevail , though all the world gather in battalia against it . i must confesse it is too too abortive : for it came into the world in fewer hours , then tostatus bestowed in translating the five first chapters of genesis out of greek into latine . i wish it may obtain the end for which i made it : that is , to move us all with repentance to meet god in these great mutations and changes he is bringing upon us in this land ; that every one would strive to reform one from here●ies , sects and schisms , to suffer the scriptures to be our rule , and the holy ghost our guide both in faith , religion and discipline , that so god may put out his hand in amending the body● politick in the whole , that judgement may depart from us , destruction flee far from us ; that peace may dwell within our wals and plenteousness within our palaces . i study multum in parvo , and hope to give satisfaction to all , but such as are wedded more to their wils then reasons . for these i have no more but this , a good winde at their backs to the anticyra's , that they may drink hellebor lustily to purge their brains , that they may be more quick , and their eye-sight clearer . i quote strange authors in this work ; and good reason , for the work it self is strange . yet they in whose hands these authors are ( and they are not in every library ) shall finde i have both dealt with them truly , and cited them faithfully . and for the tractate it self , it will with the learned be either laudatus aut saltem excusatus ; either of which shall content me at this time . farewel . a brief description of the future history of europe , from anno 1650 , to an. 1710. 1. having with silence and admiration beheld these ten years , the horrid broyls and civil tumults in these western coasts of europe , i cannot but adore the justice of god upon his enemies , and his paternall chastisements upon his church for sin . it hath made me oft●n wonder , to behold how virulently and barbarously protestants could oppose and massacre one another , when the romish froggs can live in an established amity among themselves , and laugh at our follies . i will not say , it is jesuiticall projects which sets us by the ears together , so much as our own seditious and schismaticall spirits , and want of charity . if we would but ponder , how much popery hath won upon us by these warres and divisions , what fearfull occasions we have given to the professed enemies of christ to blaspheme his name , and deride our religion , it would much provoke us to end our controversies , and band against the common enemy . the empire hath got but a wofull booty , by her 30 years warres , having weakned her self with the losse of six millions of valiant souldiers , and enticed that imp of mahomet to prepare an army of 200000 , now in the field , and ready to march within the bowels of germany . we in england have gained no better by our civil warre● but in stead of one tyrant to advance a douzen over us , and from the height of liberty to runne the broad way up the next hill , to the height of slavery . our western sun is set , on whom the eies of all protestants were ●ixt , to have composed their differences , and united them into a mutuall league against the romish dragon , and the false prophet . nor was any insufficiency in him to the performance of so glorious an enterprize , had not the sins of his own subjects , hastned his untimely fate . behold then what profits our warre hath brought us ! and what a blessing our sins have deprived us of ! how fearfull are the judgements of god and his anger against sin , when the church is dilacerated , the commonwealth disjoynted and dismembred in every part thereof , the lust of tyrants , the pleasure of pesants , the barbarousnes of souldiers , dissentions of churchmen , sad and tragicall ends of nobles , confusions in families , countenancing of heresies , and applauding of blasphemies are so rife and ripe amongst men ! on the contrary , how happy are kingdomes , how blessed be commonwealths , when princes , magistrates , and other subordinate officers , each in their sever●ll place and calling , strive to promote the glory of god , with the liberty , honour and tranquillity of subjects ; where the ministry is incouraged , universities countenanced , courts of judicature upholden , subjects be unanimous and accustomed to the exercise of piety and godlinesse : lastly when both prince and people aim joyntly at the advancement of the gospel and mutuall commodity of one another , so that there be no decay , no leading into captivity , nor complaining in their streets ! ii. the disparity of these two contradictory conditions , and the fearfull effects , which they in all ages have wrought in the consciences of men , have made me at length after a long time of silence put pen to paper , and through the intricate labyrinth of those portions of scripture which never commentator yet ever medled with ( i mean , the twelve last chapters of ez●kiel , the three last of the revelation , the last of daniel , with some passages in hosea and zech●ry ) to descry when we people of england with all protestants in europe shall see an end of these our warres and tumults , what shall be the estate of our churches , states and kingdomes , from this present year 1650 , to the beginning of the fifth and last universall monarchy of the gospel of christ upon earth , which shall begin in the year of our lord 1710 ; and in what year we may expect the downfals of the beast of rome , the red dragon of constantinople , the totall conversion and restauration both of the eastern and western jews within their holy land of iury : all which must mo●t certainly be fulfilled before the end of the world. of these high points and mysteries , i finde nothing in any commentator upon the last of daniel and the revelations , save only brightman , who being acquainted in leiden with ioseph scaliger , got some ( but those very imperfect ) notes of grebner concerning those numbers in ezekiel and daniel . but that excellent manuscript , which iohannes bauden●is writ of the life and writings of grebner , declareth all these things most plainly and punctually , how that greater troubles , fe●rfulle● combustions , direfuller devastations shall come upon the western kingdomes of europe , then yet ever did , before they can expect the downfall either of turk or pope , or the universall monarchy of the gospel of christ upon earth . in which incomparable work the learned astrologer bringeth divine and heavenly reasons , why europe ( for the space of thirty seven years , after that fearfull blazing comet in 1618. ) should with amazed eyes behold the infinite and sudden mutations and downfals of flourishing states and potent kingdomes , the deformity of empires , and mournfull faces of commonwealths ( as is lately happened in england , portugall , swethland , bohemia , and denmark ) the devastations of whole kingdoms at a clap , and burning six or seven nations at once in their ashes and cinders ( as of late in germany ) not to make them ask whether there be a god , heaven and providence , or not ? or whether empires and states depend wholly upon the will and power of man , or upon secret and hidden causes beyond the thoughts and expectations of the world ? but to praise god for his paternall corrections , seeing by this they know he remembreth them , and that through this fire and water of affliction he will bring his church to a finall conquest ove● her enemies , and both the congregations of jews and gentiles to an universall monarchy over the face of the whole earth . severall passages of which manuscript i will insert here and there in this ensuing discourse , as method and matter shall require . iii. since the spirituall sword was sheathed in england ( which lopt off the serpentine heads of heresie and schisme , while they were yet growing ) it is a wonder to see how all sects and schismaticall opinions in the world have ( like devouring weed ) overgrown and choked the seed of the word . above the rest , the millenaries have exalted themselves , whose abominable pamphlets have flown abroad like atomes , wherein they dream of a personall reign of christ upon earth , how he shall descend from heaven an. 1666 , destroy all the works of darknesse in every corner of the earth , make an easie passage to men from earth to heaven , so that they may ascend into heaven , and leap down to earth again , as oft as they list : how he shall keep a quarter sessions or goal-delivery in his own person upon mount olivet , call all nations before him , rebuke them of sin face to face , and shall cut out of them their stony hearts , and shall sew in their bellies hearts of flesh in stead thereof : that an. dom. 1700 shall be the day of judgement , and that the judgement shall last other 1700 years , because otherwise the glorious attributes of christ's mercy and justice cannot be sufficiently explained to the world and the consciences of men . all which fopperies with many mo too horrid to relate , are contained in m. archers personall reign of christ upon earth , rich. stirreys kingdome of king jesus , and in a.r. his caelestis hierusalem , printed a. 1642 , 1644 , and 1645. now having unmasked the vanity of this error ( ut contraria juxtà se posita magis elucescant ) i will epitomize in this section the truth of the future estate of the world , from this time to the end , which afterward i intend ( god willing ) further to dilate and prosecute in this treatise . this year 1650 all europe are in civil warres . these civill warres shall not cease till they have mustered out a great army of the true worshippers of god to ruine rome , which shall be about anno 1666. rome thus destroyed , the western jews shall begin to learn the waies of god , and believe his gospel ( which they cannot do so long as rome standeth ) and shall anno 1683. enter upon the conversion of their eastern brethren ( the 10. tribes now invisibly hid in tartaria and india ) and they two ( none else ) shall ruine the mahumetan empire about an. 1698. and so shall be restored to the holy land to reinhabit jerusalem . then must begin a comparative felicity of the church of god upon earth , because after these times both turk and pope shall be destroyed . neverthelesse this felicity must be mingled with internall troubles and persecutions , within the bowels of the church , because the church shall never be wholly at rest , while the world standeth . lo , here the difference betwixt truth and heresie , betwixt the opinions of the millenaries and right sense of scriptures . the millenaries say , christ must descend personally from heaven : the scriptures on the contrary say , he shall not come from heaven personally till the last day , when he shall descend with his holy angels in flaming fire to judge the quick and the dead . he shall send power and strength from heaven to his true worshipppers ( as he hath done hitherto ) to destroy tu●k and pope , from heaven he shall give power to his ancient people the jews , to regain their ancient land of judea , and not by his corporeall presence upon earth : from heaven about an. 1700. he shall transferre his gospel from europe , as he hath done from asia , and raise up and inspire godly ministers after his own will , who shall implant his holy word in all and every of the kingdomes and provinces of america , and in all countries of the southern and eastern india , china , tartaria , and in all the regions of the north unto the worlds end , and make it shine in as great purity and glory as ever it hath done in england or germany . this is the felicity of the church , the fifth monarchy in nebuchadnezzars image , the ministeriall ( not personall ) reign and kingdom of christ upon ●arth , which must not endure for ever ( as archer would have it ) nor for a 1000 years ( as alsted dreams ) but for a very short time , that all nations ( none excepted ) may professe gods worship , and none plead ignorance before his tribunall , presently after which the dissolution of the world shall come , after which time shall be no more . iv. this digression made , i return to my purposed method . that fearfull and ominous night-torch , which prognosticated all that misery to germany and great brittain , which they have now suffered , was the forerunner of all our evils . this comet longomontanus and d. bambridge say appeared but 28. dayes , indeed it was neither observed in denmark nor at london before novemb. 18. or 21. but erycius puteanus observed it novemb. 11. the first time , as he testifies in the first book of his learned paradoxologie , pag. 33.38 . so it appeared for the space of 37. or 38. dayes , foreshewing that first germany , livonia , swethland , with other north-parts of europe , then scotland , england and ireland , should feel the terrible effects thereof in warre and famine , for the space of 37. or 38. years , even from an. 1618. till an. 1656. this comet was strengthned by a fearfull conjunction of saturn and jupiter , an. 1616. july 18. the effects of both which were not to be confined in those terrible concomitants of war perpetrated in germany ( which l.b. and d. vincent so pathetically delineate ) but were to end in the judgements of god upon europe for neglecting the downfall of antichrist , ruine of rome , annihilation of the sodomiticall order of the society of jesuites , and in the extirpation of all kingdoms and free states of papists , to make way for the lion of the north to erect his fifth monarchie in the ashes of germany , wherein shall be established the eternall felicity of the church , by the conversion of the jews and fulnesse of the gentiles . m. shirley fellow of trinity-colledge in cambridge , once shewed me a letter from his learned friend buxtorf , dated an. 1624. may 3. wherein was contained a prognostique prophecy of the before-mentioned comet and conjunction , sent him from that incomparable astrologer , iohannes baudensis nephew to paul grebner , which for the strangenesse and rarity of it , i will here insert . caeterùm , quòd de patriae nostrae afflictissimae statu consilesco , indignaris ; nihil profectò scribendum nunc hab●o , nisi omnia ( ut poetae verbis utor ) in pejus ruere , & retrò sublapsa referri . tam danus quàm caesar ●nixè laborant , ut miseram germaniam quamprimùm p●ssum iri spectem : nec milites utriusqùe quiequam aliud meditan●nr , nisi strages & vastitatem . accepi nudiustertiùs à johanne baudensi ( amico mihi multimodis charissimo ) sententias nostratium astrologorum de horribili illo comet● , qui anno 1618. apparuit , & nuperrimâ saturni & iovis conjunctione . en tibi vaticinium , si no● apostolicum , at longè ( ni fallor ) plusquàm astrologicum . surrexit deus & gladium eduxit . clades magnorum imperatorum , strages populorum , regum funcra , rerum-publicarum eversiones , monarchiarum mutationes , assassinationes principum & ducum illustriorum , violenta & superba consilia , proditiones & rebelliones inter subditos in hoc coelo nostro europico exorientur . exporientur religiosi à potentioribus legum & institutorum ecclesiasti●orum mutationem , à plebeijs novarum rerum inexplebilem cupiditatem . boreales europae partes ferro , morbo & peste laborabunt , depauperabuntur divites , principes dominijs exuti erunt , exulabunt patres & filij post longum turb●rum intercapedinem in integrum restituentur . hic quoque cometa terribilem romae ruinam , singulisque europae civitatibus incendia minitatur● clerici papicolae praecipuè cardinales de gradibus suis dejicientur , loiolistae ubique ad mortem rapientur , nec gallis aut hispanis animus erit carnificum l●queos evitare . quinimò cernimus etiam in terrâ sanct● à veteribus incolis● oriturum regnum , quod ●rit christianis miraculum , & orbi terriculamentum . novique imperij revolutio istis succedet , sub quo generale gaudium , laetitia & voluptas humano generi subministrabitur , improbis ubique de medio sublatis . haec omnia per regem quendam borealem peragentur , qui pacem , religionem , & securitatem per totum orbem miraculosè stabilibit . whereas you are angry that i keep silence concerning the esta●e of our most distressed countrey . truly i have nothing now to write , but that all things ( that i may use the words of the poet ) grow worse and woese . as well the king of denmark as the emperour earnestly endeavour to see miserable germany destroyed as soon as may be ; neither do the souldiers of either of them , think of any other thing then slaughter and desolation . i received the other day , from my dear friend iohn baudensis , the opinions of our astrologers concerning that terrible comet which appeared anno 1618 , and about the later conjunction of saturn and iupiter . behold thou then a prophecie ( if not apostolical ) yet ( if i mistake not ) far beyond astrological . god hath arisen and drawn his sword : there shall happen in these our european regions , the destruction of great emperours , the slaughter of people , funerals of kings , subversions of common-wealths , mutations of monarchies , massacres of princes and illustrious commanders , violent and proud counsels , treasons and rebellions amongst subjects : clergie-men shall finde a change of laws and ecclesiastical constitutions , by those of greater power , and an insatiable desire of new things amongst common people . the northern parts of europe shall be greatly oppressed with warre , sicknesse and pestilence . rich men shall be impoverished , princes cast out of their dominions ; the fathers shall be banished , and after a long space of trouble their children shall be restored to their former condition . this comet also threatneth the terrible ruine of rome and burnings in all the cities of europe . the papistical clergy , especially the cardinals , shall be cast down from their dignities , the jesuites every where shall be drawn to death , neither shall the french-men or spaniards have courage to save their necks from the halters . furthermore , we discern a kingdom to arise of the most ancient inhabitants in the holy land , which to christians shall be a miracle , and to the world a terrour ; and these shall obtain the revolution of a new empire , under which shall be administred universal gladnesse● joy and delight to mankinde ( the wicked being every where taken away . ) all these things shall be effected by a certain northern king who shall miraculously establish peace , religion and security throughout the whole world . thus far the words of this letter . and how punctually all these things are come to passe , let the world judge . we in england have felt the misery of the one , and are ready stript to suffer the calamities of the other , having for the present lost what is impossible to be regained , and seeing a new storm of devastations hanging over our heads by the young kings late arrival in scotland ( where he is received as absolute soveraign ) which fil● mens hearts with pensive thoughts and doub●ings what will be the end of these wofull beginnings . for my part , i am a zealous adorer of a parliament , nor deserve i to censure the actions of our representatives , yet will i not promise the term of an age to our novel government , but think ve●ily , a change to the old model is nigh at hand . it is casual to the best kingdoms to have interregnums , but as we stand now , we shall ne●ther be for six years together a body politique , nor a true church of god. that excellent astrologer of misnia , paul grebner , was more then an inquisitour into the effects of starres , being questionlesse indued from above with a prophetick spirit , not to be desired , much lesse expected of all . he plainly affirms , that as england ever was a monarchy within it self , since it was discovered by the romans , so shall it so continue and remain , even then when all other kingdoms and states in europe are swallowed up of the fifth monarchie of the lion of the north. his prophecie of our civil wars , of the fate of our late king , and the restauration of his son to his fathers dominions , runneth thus in ban. 72. per idem tempus rex quidam borcalis ( nomine carolus ) mariam ex papistic● religione sibi assumptam in matrimonium conjunxerit , ex quo evidet regum infelicissimus . unde populus ejus , ipso abdicato , comitem quendam perantiquae familiae regno praeponet , qui tres annos , aut circitèr durabit ; & hoc quoque remoto , equitem quendam bellicosum in ejus locum assumet , qui paulò ampliùs regnabit . post hunc eliget nullum . interea , unus è stirpe caroli in littore regni patres sui cum gallicis , suevicis , danicis , hollandicis , burgurdicis & germanicis auxiliis stabit , omnes inimicos suos cruentissimo praelio superabit , & posteà regnum suum felicissimè administrabit , eritque carolo magno major . and in ban. 74. he saith , circà anno 1663 brittaniarum rex antiquum cum belgarum ordinibus foedus & amicitiam rumpet , ob ereptas sibi ab ipsorum piratis naviculas quasdam , qui pertrepidi ad novum danorum regem ( nomine christiernum ) confugient , qui utrosque primò compositissimis orationibus , deinde muneribus in concordiam alliciet . about the same time a certain northern king ( named charles ) who shall marry mary of the popish religion to his great unhappinesse , so that his people ( rejecting him ) shall set up an earl of a very ancient family , who shall continue three years or thereabouts , he dying they shall elect in his stead a warlike knight , who shall rule a little longer : after him they elect none ; but in the mean one of charles his stock shall land on the sea-coasts of his fathers kingdom , and with french , swedish , danish , hollandian , burgonian and german forces , in a most cruel battell shall vanquish all his enemies , and afterward most happily govern his kingdom , and be greater then charls the great . and about the year 1663 , the king of the most ancient brittains for the losse of some ships at sea shall break his league and amity with the states of holland , who fearing , shall to the new king of danes ( named christiernu● ) for succour , and he by fair intreaties and large gifts shall win either side to agreement . nor ever doth he speak of england in all that famous manuscript , but as of the most warlike and potent kingdome in europe . therefore all good christians ought to wish the new warre were concluded rather by an happy agreement and composition , then by sword and musket , and the king placed on his throne rather with the hands of his loving and and rejoycefull subjects , than with the swords of forreigners . for if the beginning of his restauration be in bloud , and tumbling of garments in bloud , the accomplishment of it will be with burning and fuel of fire . that this future history of europe , may be more fully and clearly understood , i intend to set it down by way of chronology upon the principall passages in ezekiel and the revelations , as i lately collected it out of the two mss. of grebner and ioannes baudensis , and afterward subscribed certain notes and animadversions upon the same . the woman travelleth , viz. the jewish synagogue bringeth forth christ , whereupon ensueth the battel between anno christi . 1 michael and the dragon ( christ and the devil ) anno mundi . 3947 christ being persecuted of the devil by herod in his infancy , flieth into aegypt , in his appointed time of 34 years , suffereth and ascendeth into heaven ; the devil enraged anno christi . 34 that he could no more persecute christ , raiseth persecutions anno mundi . 3981 anno christi . 65 against the primitive church by nero and others , revel . 12. per tot . anno mundi . 4012 anno christi . 70 the first seal opened● the white horse and his rider , with anno mundi . 4017 the crowned bow , signifieth the purity of the gospel in the primitive church , revel . 6.2 . anno christi . 71 satan is bound for a 1000 ●ears from raging against the church , anno mundi . 4018 revel . 20.2.8 . anno christi . 65 the second seal opened , the red horse is the massacre of anno mundi . 4020 christians in the ten general persecutions about a●no 65 , to an. 330. revel . 6.3 , 4. anno christi . 104 the third seal opened , simon magus , ebion and corinthus anno mundi . 4051 trouble the church with damnable and infectious heresies , revel . 6.9 , 6. anno christi . 173 the fourth seal opened , horrid famine , devouring pestilences anno mundi . 4120 and outragious wars , waste and depopulate the roman empire for cruelty to christians , revel . 6.7 , 8. anno christi . 194 the fifth seal opened , mutual massacres of the wretched caesars , anno mundi . 4141 beginning at pertinax , and ending at licinius , slain by constantine the great , revel . 6.9 , 10 , 11. anno christi . 288 the sixth seal opened , dioclesian and maximilian give over anno mundi . 4235 their caesarships , because they could not eradicate christianity . constantine strengthened with their armies and provinces , warreth upon licinius , slayeth him , destroyeth the pretorian-camp , abolisheth heathenism , and setteth up the true worship of god , revel . 6.12 . to the end . the seventh seal opened , and silence in heaven for half an hour , viz. the church enjoyeth rest thirty years , all the time that constantine anno mundi . 4255 the great reigned , revel . 8.1 . yet clouds of persecution anno christi . 308 anno mundi . 4286 arise in the interim in the sky of the church ; and the seven angels anno christi . 339 prepare themselves to blow the seven trumpets for the space of 23 years , even all the reign of constantines three sons , revel . 8.2 , 3. anno mundi . 4310 iulian that wretched apostata bending his utmost endeavours to anno christi . 363 ruine the gospel , licenceth 17000 jews to return to ierusalem to rebuild their temple ; but god destroyeth them all by lightnings and pestilences : horrible earthquakes cast up into the air the foundations which had been buried in rubbish till then . therefore daniels compute of the temples finall ruine must but begin then ; there begin his two numbers ( chap. 12. ver . 11 , 12. ) of 1290 , and 1335 , which in all must but make 1335 years , which added to 363 , make up and point to anno christi 1698 , the joyfull jubile of the churches deliverance from all adversity . anno mundi . 4373 the first trumpet blown . fire and hail ( war and bloudshed ) anno christi . 426 cast into the troublesome sea of the roman-western-empire by valentinian , and the succeeding emperours , untill the end of the western-empire , the savage inundations of goths , huns , vandals and bulgarians into italy , revel . 8.7 . anno mundi . 4553 the second trumpet blown , boniface that mountain of fiery anno christi . 606 combustions obtaineth of phocas the popish supremacy . hence wars betwixt the emperours and popes , revel . 8.8 , 9. anno mundi . 4613 the third trumpet blown , the romish bishop ( the great anno christi . 666 star of the western christian clergy ) falleth from the heaven of truth and godlinesse , and of a vigilant pastour becomes a ravenous robber of the church , and the gifts thereof , revel . 8.10 , 11. anno mundi . 4946 the fourth trumpet blown , the pope fallen from piety , anno christi . 999 and his clergy from the pulpits , christ the sun of righteousness with his merits , the church the moon , and the ministers the stars thereof are eclipsed , and vilified by sylvester ii , revel . 8.12 , 13. anno mundi . 5018 satan loosed out of prison beginneth to rage by gregory vii anno christi . 1071 against the gospel of christ , revel . 20.4 . anno mundi . 5140 the fifth trumpet blown , the vicar of christ with his anno christi . 1195 keyes openeth hel's mouth to let out his cloister-fiends and satanical locusts to overspread the earth of christendome , described by iohn most graphically , revel . 9.9 . to 13. anno mundi . 5245 the sixth trumpet blown , the ottoman empire ariseth , invadeth anno christi . 1300 first the eastern-empire of constantinople , and winneth it : then flieth upon the germane emperour with barbarous millions of invincible armies , revel . 9.13 . to the end . the saying , revel . 9.15 . of the turks preparation for a day , a moneth , and a year , beginneth now . which number allegorically taken maketh 398 years : which added to a. 1300 , the year of the original of the turkish empire , sheweth that a. 1698. shall be the final down●al of the same . anno mundi . 5462 the last trumpet is blown , the thrones , principalities and anno christi . 1517 dominions in heaven rejoyce , that god would now at length take his churches cause in hand , and raise up luther , and other sons of thunder to vindicate the quarrel thereof against the romish antichrist to the ruine of his kingdom , revel . 11. from ver . 15. to the end . by eating of the book , chap. 10. measuring the temple and slaying the witnesses , chap. 11. is understood the reformation by luther , and downfall of the papacy under charles the fifth . anno mundi . 5504 the first vial poured out , england , scotland and ireland by anno christi . 1559 the reign of queen elizabeth , renounce the papacy ; which generates the ulcers of spight and malice in the romish church against england , revel . 16.2 . anno mundi . 5518 the second vial poured out , martin chemnitius and others , pronounce anno christi . 1572 the vengeance of god against the mortiferous sea of the councel of trent , revel . 18.3 . anno mundi . 5528 the third vial poured out , the stinking waters of the papacy anno christi . 1583 are infected with bloud in murthering of the popes and romanists in rome , the slaughters of the spaniards in the low-countreys , and the discomfiture of the spanish-armado in anno 1588. revel . 16.5 , 6 , 7. anno mundi . 5540 the fourth vial poured out , the protestant champions pareus , anno christi . 1605 polanus , whitakers , perkins , andrews , king iames and others , pour light upon the sunne of the gospel , in writing against bellarmine , stapleton , campian , and other papists , revel . 16.8 , 9. anno mundi . 5565 the fifth vial is now pouring out , the swedes in germany , anno christi 1630 an. . 1632. the english in england , 1640 , combine against the papists , jesuites proscribed in poland and swethland , anno 1648. this vial shall end in the ruine of rome , anno 1666. revel . 16.10 , 11. anno mundi . 5594 the sixth vial beginneth to be poured out , three barbarous anno christi . 1659 nations sack hydruntum in apulia , made enrodes into the eastern coasts of italy , and sack them with fire and sword . factions and massacres in rome and tuskany . the pope contemned and invaded , the western christians make an army , and fire rome in the 2419 year after romulus laid the foundation thereof , as sibylla prophesied . oracul . lib. 4. revel . 16. from ver . 12. to 17. anno mundi . 5595 the faithfull and true warriour riding upon a white horse anno christi . 1660 descendeth from heaven with his souldiers riding upon white horses , to fight against the enemies of his church . the angel in the sun calleth to all the fowles of heaven , to come to the feast of god , to eat the flesh of kings , captains , mighty men and horses . rev. 19.11 , 17 , 18. and i saw the beast and the kings of the earth , and the warriours gathered together , to warre against him that sate on the horse , and against his souldiers . but the beast was taken , and with him the false prophet , that worketh miracles before him , whereby he deceived them that have received the beasts mark , and them that worship his image : these two were cast alive into the lake burning with fire and brimstone , &c. ibid. 19 , 20. anno mundi . 5601 vrbs antiqua ruit , multos dominata per annos : anno christi . 1666 destruiturque armis gens scelerata suis. go out of her my people , that ye be not partakers of her sins , nor receive of her plagues . forasmuch ( o rome ) as thou glorifiedst thy self , and livedst in pleasure , saying , i sit a queen , am no widdow , and shall see no sorrow : therefore shall thy plagues come upon thee in one day , death , sorrow and famine , and thou shalt be burnt with fire ; for strong is the lord god that judgeth thee . the kings of the earth shall bewail thee , and thou shalt never more be inhabited , the light of a candle shall shine no more in thee , and the voice of the bridegroom and of the bride shall be heard no more in thee . rejoyce ( o heavens ! ) for righteous are gods judgements , he hath condemned the great whore. then they sung hallelujah , and her smoak arose up for evermore . rev. 18.7 , 8 , 20. & 19.3 . anno mundi . 5614 rome being destroyed , jews dwell amongst protestants , and begin anno christi . 1679 to search into the scriptures , and learn the waies of god. anno mundi . 5618 a g●eat conjunction of saturn and iupiter in leo. the jews anno christi . 1684 converted in the west , prepare to unite with their brethren in the east , and raise a combination to propagate the gospel and destroy the headless turks . anno mundi . 5622 praise our god all ye his saints and servants , and ye that fear anno christi . 1687 him both small and great . and i heard the voice of a great multitude both small and great , as it were the sound of many waters , and as the voice of strong thundrings , saying , hallelujah , for the lord our god reigneth . let us rejoice and be glad and give glory to him , for the marriage of the lamb is come , and his wife hath anno mundi . 5633 made her self ready , rev. 19.5 , 6 , 7. the dreadfull and terrible battell of the jews with the enraged anno christi . 1698 turks in the land of judea , where the turks are destroyed with an eternall destruction . ezech. 38. & 39. chap. all . gog and magog , ( viz. turks and tartarians ) gather themselves together to battell , whose number is as the sand of the sea , and they went up into the plain of the earth , and incompassed the tents of the saints abo●t , even the beloved city , but fire came down from god out of heaven , and destroyed them revelat. 20.8 , 9. anno mundi . 5635 the fifth monarchy . anno christi . 1700 anno mundi . 5645 and i saw a new heaven and a new earth , for the first heaven anno christi . 1710 and the first earth were passed away , and there was no more sea . the new jerusalem came down from god out of heaven , trimmed like a bride to meet her husband . and i heard a great voice out of heaven saying , behold the glory and tabernacle of god with men , and he shall dwell with them , and they shall be his people , and god himself shall be their god with them : and god shall wipe away all tears from their eyes , and there shall be no more death , neither sorrow , neither crying , neither shall there be any more pain , for the first things are passed away . rev. 21.1 , 2 , 3 , 4 , &c. anno mundi . 5698 no more germany , no more any western empire or any footstep anno christi . 1763 thereof ; for god hath now transplanted his gospel from europe unto a more gratefull and pregnant soyl , which will bring forth the fruits thereof in due season . anno mundi . 5699 iam nova progenies coelo demittitur alto , anno christi . 1764 exoriturque atris lucifer albus equis . anno mundi . 5702 the holy temple restored at jerusalem : the holy utensils prepared : anno christi . 1767 the glory of god fil●eth the house , god lovingly upbraideth the israelites for their infidelity and idolatry , for which they were vagabonds in all coasts of the world 2400 years , without king , law , priest and temple , and rehearseth their blessed and joyfull estate now being converted and victorious over all their enemies . ezech. 12. last chap. per tot . anno mundi . 5705 behold i make all things new . rev. 21.5 . anno christi . 1770 anno mundi . 5728 the jewish magistrates and ministers labour in the conversion anno christi . 1793 of the world to the gospel of god. ezech. 46. per. tot . anno mundi . 5765 the seventh viall powred out , and now are all things fulfilled anno christi . 1830 which are contained in the scriptures . after which all nations may expect the comming of the great judge , to render to every man according to his works . thus farre reacheth the observations of grebner and baudensis . vi. before i come to comment upon this chronologicall index , it will not be amisse to deliver that saying , revel . 20.8 . ( and the saints shall reign with christ a thousand years ) from all those false interpretations which have been fastned upon it , by papias , bucholcherus , scaliger , brightman , alsted and others , and declare the true sense of it , as remotest from innovation , and coming nearest the intention of the h. ghost . there is in this 20 chap. two severall epoches of a 1000 years , which are two severall waies to be interpreted . the first is in vers . 2. of satan being bound for a 1000 years ; which must begin either at the instant of our saviours incarnation , and end at an. 1000 , in the 2● year of the popedome of sylvester ii , that infamous sodomite , necromancer , and conjurer , under whom the filthinesse and idolatry of the romish church was brought to the height : or rather they must begin at the destruction of the 2 d temple by titus , which was an. 71 , and end in an. 1071 , in the popedome of gregory vii , aliàs hildebrand , who first broke bonds of allegiance with henry the emperour , excommunicated him , set the gospel in a totall eclipse , and europe in the mournfull flames of a civil warre : but of this in the chronology . but this in the 8 vers . of the saints reigning with christ a 1000 years , alsted , bucholcherus and others expound of a comparative felicity of the church on this earth , for a 1000 years , beginning an. 1694 , when they say all visible enemies of the church shall be overthrown , and must end an. ch. 2694. after which shall be the warre of gog and magog against the church , which shall be prevented by the coming of christ to judgement . but in this alsted is wide from the right mark : for this number must begin an. 1072 , at the expiration of the former , and must be interpreted for all that time that the world shall last after the aforesaid an. 1072. and the holy ghost doth term this indefinite and unlimited time by the number of a 1000 years , for three speciall reasons : 1 because a 1000 years are the number of perfection and of eternity , and doth most aptly serve to expresse the end of these earthly troubles , and the beginning of that time which never shall have end . 2 because those things which the holy ghost in the scriptures affirmeth are yet to come , must not be plenarily accomplished till after an. 1830 , it may please god that the glorious and flourishing estate of the church and gospel here upon earth , may continue much of 200 years longer , to increase the number of them who shall be saved , and to amplifie more the heavenly attributes of gods mercy , righteousnesse , truth , holinesse and omnipotency in the salvation of the just : and his equity , judgement and uprightnesse in the firebrands of destruction . 3 because a vicissitudinary time of affliction and ease , persecution and rest , pure doctrine and heresies , is signified to be the whole continuance or most part of a 1000 years , wherein those who are to suffer for the testimony of the word of god , and the truth of jesus christ , shall have their reward after the expiration of that time , which cannot be till after the last generall judgement . the fearfull and ●errible warre of gog and magog ( viz. the bloudy warre of turks and tartarians with the jews newly converted in the land of iury , in which the very name of turks shall be rooted from off the earth ) must be before the beginning of this glorious estate and felicity of the church of god here upon earth , and therefore the 7 , 8 , 9 , and 10 verses , are in order of time before the 5 and the 6. the devil and antichristianity must be chained up in the dungeon of hell for the space of a 1000 years after the incarnation of christ. an. 1000 must the devil and romish idolatry by the popedome of sylvester the second , be let loose to range upon earth , and tyrannize over the church for the most part of another 1000 , ever till an. 1698 ( numerus completus being put here pro incompleto ) before an happy and comfortable estate of the gospel can be brought forth to the world. herefore all christendome from this year 1650 , must expect very sad and wofull daies , much persecution , bloodshed and savadge ty●anny in every kingdom of europe ( especially in france , spain , italy , swethland , germany and england ) untill an. 1698. some of those kingdoms which have abandoned the superstition of the beast , shall by subtle allurements be perswaded to readmit and reestablish the same . wofull and unsupportable afflictions shall befall both the european jews ( which are the two tribes of benjamin and iudah , now resident in christendom and turkie ) as likewise the ten tribes , the kingdom of israel ( who shall insensibly and miraculously arise out of the bowels of tartaria and india , about an. 1669. ) who neverthelesse shall be so extraordinarily supported by god , that they shall stand in little or no need at all of the christians . because from this time of the conversion of the israelites for the spac● of 30 years , these 12 tribes shall suffer much trouble , heathens , papists and mahometans , shall strive to eradicate their name from under heaven , and yet all in vain ; for an illustrious and heroick prince ( è tribu nephtali oriundus ) shall be their valiant and fortunate commander , called michael , not proprio nomine , but because he dan. 12.1 . shall stand up and shew himself the assertor and protector of their religion and liberty . in which time shall be such troubles as never were , no , nor ever shall be to the end of the world . for like as the christians had rest 30. years from the ascension of christ , and now have endured the fiery triall almost these 1600. years , since that time from the heathen emperors , and the beast ; so the israeli●es , which shall 1600. years till anno 1668. live without prince , law , temple , sacrifice , and true religion ( as hosea prophesied ch . 3. v. 4 , 5. ) beginning now to be converted to christ , shall have savage times of affliction and butcheries for other 30. years ( to welcome their conversion withall ) till anno● 1698. when god shall grant rest from their enemies , and begin a peaceable estate of the church . vii . entring at length upon my notes on the afore-said chronology , i think it meet first to strengthen the former epoch's of the ruine of rome , downfall of the turk and tartar , and the conversion of the jews by the conduct of certain memorable numbers in holy scriptures . grave and judicious authours have with wonder and admiration observed the heavenly and inimitable method of holy scrjptures , how all the mysteries and memorable occurrences in the same are comprized in numbers , how within the compasse of such a quantity of years , god alwayes divulged his counsels , and manifested what he purposed should be wrought among the children of men . so that in considering the admirable consent and agreement of times by things past , we may probably conjecture of things to come . from the creation to the floud was 1656 years : the floud was a sign of the consummation of all those things which are to be fulfilled before the conclusion of time . anno christi 1656 , let the church of god expect with joy and comfort , the acting of the first scene of the tragedies of all those european kingdoms , which have been implacable persecutours of the gospel of christ. the whole government of moses ( who was a second noah to the church ) is a shadow of the kingdom of christ. the law continued in force 1529 years to the passion of christ : but 1598 years to the destruction of the temple by titus : the destruction of the temple by titus was according to the accompt of dionysius exiguus , a. c. 69. from thence reckon the number of 1598 years , and you come to a. 1667 ; which is the year which shall smoke with the ascending up of the flames which consume the kingdom of the beast . from the nativity of christ to his re-nativity in the preaching of his gospel by luther and other eminent ministers are 1517 years : and from the beginning of the reign of the maccabees untill the birth of christ are 169 years : put these two sums together , and you come to anno 1686 , in which god having 18 years before enlightned the eyes of those who for almost 2000 years have sit in darknesse , and in the shadow of death , and having laid the kingdom of the beast and the false prophet in the lowest dust , shall bring that people into the bosome of the true church , which within 13 years after shall deliver his children from all adversity . from the universal deluge of man-kinde by the floud to the beginning of the universal captivity of the church under nebuchadnezzar beleaguering ierusalem are numbered 1698 years : so likewise from the birth of the king of kings unto the final consummation of the miseries , and restauration of the felicity of the church by the destruction of gog and magog , shall be reckoned the very same number of 1698 years . from the confusion of the tower of babel to the return of the jews from babel , are 1666 years : and from prophane pompey's spoiling of the temple at ierusalem ( when the kingdom was taken from the house of david , and superstition and gentilism began to spring up amongst the jews ) to the birth of of antichrist and apostasie in the church of god are 666 years ; from thence ●eckon a 1000 years wherein the saints must suffer persecution and martyrdom for the testimony of jesus christ , and the truth of a good conscience , revel . 20.4 . and you come to a. 1666 , in which shall be fulfilled all those things which are mentioned , revel . 18 , and the 19 chapter . so likewise from the departure out of aegypt , untill the death of christ , are numbered 1542 years : to these adde ●hose 169 years , which are from ●he beginning of the reign of the assomonaei or macchabees to the birth of christ , and you come to anno 1711 ; which year shall be wonderfull and terrible to all the world , because that in the year next going before ( viz. anno 1710. ) the abominable names and mention of papists , turks and tartars being eradicated from the memories of men , the glorious estate of the gospel , and the terrestial felicity of the church of god shall begin over the face of the whole earth . from the birth of moses untill the destruction of ierusalem by titus ( which typifies the end of the world ) are 1646 years : so many from the incarnation of our saviour , denoted that year , whose influence hath begun , and shall prove fatal to most of the kingdoms of europ● : adde to these 20 years to come after , from that time ( which 980 years ago were prophesied of , to be those years , in which the kingdom and the dominion , and the greatness of kingdoms under the whole heaven , shall be given to the saints of the most high , whose kingdom is an everlasting kingdom , and all dominions shall serve and obey him , dan. 7.17 . ) and it will amount to the year of the fatal ruine of the beast , anno 1666. from these few particulars of the consent and agreement of times in the holy scriptures , i infer thus much . about the year 1657 shall be great changes and alterations in government in every kingdom in europe , as well protestant as papist , attended and accompanied with such horrid combustions and massacres , as hath not been before since the memory of man. this shall make way ( as i said before ) for the protestants to unite in a general combination to send forces under the conduct of an invincible cyrus over the alps to harrow italy with fire and sword , and after level the wals of ●ome with the lowest dust , anno 1666. for as in the year of grace 666 , popery was brought to a full maturity in the womb by vitalian ( who ordained latin-service in the church , contrary to christs institution , and the precedent primitive times ) and as 1000 the number of perfection and eternity is seldom used in our ordinary computes , but left out for brevity sake ( as we use to say , the spanish-armado was in 588 for 1588 , and the powder-plot in 605 for 1605. ) so it is most certain and indubitable , that as the birth of antichrist was in anno 666 , so the death of it shall be anno 1666 , though the carkasse of it may lie unburied for 30 years after , yet questionlesse it shall with gog and magog b● cast into the lake of gods wrath at one and the same time . this ruine of rome shall make way within ten years after to the conversion of the jews : for seeing the kingdom of antichrist ( as now it is ) is the only let to their conversion ( for all the jews that now are , live within the papacy , and are prohibited from turning christians , partly because of the idolatry they see amongst the papists in their worshipping of images ( the jews being zealots in the second commandment ) partly because at their conversion with the papists they must renounce all their goods as ill gotten , which rigid condition a worldly people will never yield to ) therefore till the very name and power of popery be destroyed , and they admitted amongst protestant kingdoms , there can be small hope of their conversion . but now antichrist totally destroyed , they begin to see into their errours and ignorances , endeavou● to learn the wayes of god , and that the saviour of the world ( whom they so long expected ) is come so many years since and suffered . this conversion of the western jews shall be compleated in that fatall and terrible year 1683. and six years after that shall they be united with their eastern-brethren the 10 tribes captivated by salmanasser , who have for 2433 years lien invisible in the bowels of the kingdoms of turks and tartarians . the christian world neither must nor ought to enquire , how this people which have lien hid and obscured so long a space , shall in so small a time as a year and an half , so visibly , so powerfully , and so magnificently arise to the terrour and conquest of the whole earth . the holy ghost declareth , ezek. 37.8 . by the dry bones , fleshed and indued with life in an instant , so that they stood upon their feet , and became a great army ; what a strange , horrid and wonderfull thing this shall be , and how terrible it shall appear to the sight of the world in that year ; which within 15 years after ( viz. anno 1698. ) shall fight that famous and fearfull pitcht-field with the united for●s of turks and tartarians , which shal● prove the deliverance of the church of god from all adversity . thrice shall europe within this time strive to establish that power , which superstition and tyranny first pro●reated : thrice shall the children of this world raise innumerable forces to destroy the saints of the most high : thrice shall the power of godliness prevail in the hearts and arms of those , who shall make the land thrice drunk with the bloud of the enemies of christ ; and whose grand ancestours stew'd it so oft with the bloud of the prophets and apostles . preparatives to these fearfull wonders shall be those horrid and ominous eclipses preceding the year 1660 , fatall and conspicuous to europe ; signs both of god's paternal chastizements for sects and schisms in the church , and of his consuming judgements impending upon the implacable enemies thereof . in the year 1654 , august 2. shall happen a fearfull and lamentable total eclipse of the sun in the 39 degree of leo , about half an hour before high noon , where shall be seen the mighty hand of god working wonders in italy , sicily , bohemia , greece , armenia and syria , the kingdoms subject to leo. the body of the sun in this eclipse will be totally darkned for the space of two hours and 29 minutes : it will be so great , the like hath not been before , nor after shall be : greater then that eclipse of the sun which was feb. 25. 1597. commonly called the dark saturday . of this eclipse thus baudensis m.s. fol. 105. exercit. 59. papa , dum petri patrimonium dilaturus , italicum quendam ducem possessionibus spoliabit avitis , &c. the pope attempting to enlarge peter's patrimony by seizing upon the ancient estate of an italian duke deceased without issue , sets his own nest on fire , and rome in a combustion . this year shall a new sect of sodomitical monks arise , which being tollerated by the pope , sets that quarrel betwixt him and the duke of florence , which shall prove the downfall of both in a few years . this is affirmed likewise by grebner , ban. 75. yet in the interim ( saith baudensis ) god shall promote the happiness of ierusalem , peace shall be within her wals , and plenteousness within her palaces . and fol. 134. exerc. 67. he saith , the years 1657 , 1658 , 1661 , 1663 , shall be formidable to austria , silesia , hungary , holland , france and portugal , because that every one of those years shall be attended with four eclipses apiece , portending the mutations of all those several states , and that the revolution of time is come , wherein they must give place to the lion of the north , whose scepter shall bruise their power to nothing , and his gauntlet lay their forces prostrate at his feet . at which time all europe shall sing this mournfull ditty ; heu mala progenies fatis servata nefandis , gensque nefandarum domitrix altrixque ferarum , quid fueras , quid ●isque vide : tua prima propago bella gerit , ●ibolémque petet lues atra secundam . at leo terribilis borealibus editus oris fammiferam ex orco & pelagi plangentibus undis educens aciem , pecudes● urbésque virósque sternet , & antiquis solem lunámque movebit sedibus ; ille etiam pacrio jure infima summa reddet , & occasum sub leges mittet inermem . thus englished . alas ill race , to dismall fates reserv'd , by whom dire beasts are tamed and preserv'd , see what thou wert and art : thy first issue inclines to war , plague doth the next subdue . but lion fierce sprung from the northern shore shall bring from deepest hell and waves that rore a blasing army , he shall men o'rerun , cities and cattel , yea the moon and sun shall he remove ; and father-like the least make highest , and give laws to the weak west . yet he that returns back in reviewall of the conjunctions and fiery triplicities , may see how they have in part prognosticated the present troubles and and distractions of europe , with the common-wealths of england and scotland . anno 1603 in the first great conjunction of saturn and iupiter , in the fiery triplicity , k. iames came to the crown of england , and so was fulfilled that prophecie which an holy anchoret made 890 years agoe , english men for that they wonneth them to drunkeinesse , to treakson , and rechlesenesse of got's house , firsten by dancs , thenth by nortmans , and the thrid time by scots , whom they holden lest worthen of all , they shallen be overcompn . then the world shallen be unstable , and so various and diversable , that the unstablenesse of thoughts shallen b● betookeineid by many manner diversity of cloathing . this could never be fulfilled but by a scottish king swaying the english-scepter ; and therefore never came to passe till the union of the two kingdoms under the said king. as the second conjunction , anno 1623. found germany and most of the west involved in civil wars , and as the third an. 1643. found the king and subjects of england in the field one against the other ; so the fourth conjunction , an. 1663 in sagitarius shall begin those destructive combustions in italy , which shall allure the protestant armies to make a third all-conquering party in the same ; and the fifth an. 1683 in leo shall bring forth the conversion of the jews : but the sixth conjunction happening in taurus , an. 1703 , shall behold that which many glorious saints and children of god have read of , and ●ejoyced and desired to see , and yet could not see them . for now revel . 22.1 . ●hall the sea ( that is , the miserable estate of the world by wars , desolations and sicknesses ) be destroyed , and no more extant . now shall the time of tribulation , war and desolation , the time of torments , temptation , heresie and persecution be utterly abolished from the memory of men for a new heaven and a new earth , a renovated church , purified saints shall succeed in the room of those wolves , who in sheeps-cloathing devoured the flock of christ. these are the dayes , for the hope of which the stones of ●ion cry day by day , though little esteeming seven thousand deaths in regard of that precious assurance g●aven in their brests , that they shall then , and in that day behold the lord , which hath mercifully gathered them from all nations , and hath so wonderfully preserved them from the sorcery of babylon ( which hath destroyed all the earth ) that leadeth them in and out bef●re pagans , hereticks and idolaters , before the covetous and foolish-wise of this world , so prudently and so invisibly , that they seeing are not seen , and living are not known . but from these low things let us ascend up to scripture further to prove the certainty thereof . daniels image as it gave the first , so it gave the fullest knowledge of this great mystery of the church of god , dan. 2. per tot . in which image is described in brief the estate of the world , from the very day god revealed this to daniel , and he to nebuchadnezzar , to the full and final end and conclusion of time . by the golden head , silver arms , brazen belly , and iron legs , we must understand the chaldean , persian , macedonian and roman monarchies , which successively one after another , tyrannized over mankinde by cruelty , and by cruelty came to as miserable destructions in the end . the feet part of iron , and part of clay , denoted the declining estate of the roman empire ( after that indiscreet division of it under charles the great into the eastern and western ) under the present papacy , and now-vulturizing house of austria , which hitherto doth and shall continue until an. 1694. therefore the stone cut without hands ( in the 34 verse ) ( which smote the image on his feet , that were part of iron , part of clay , and so brake them to pieces , that the iron , brasse , clay , silver and gold became as chaff of the summer-flowers that the winde carried them away , and no more place was found for them ; and the stone that smote the image became a great mountain , and filled the earth ) must needs be understood of a glorious monarchy of the church of god upon earth , which by the conversion of the universal nation of the jews shall overcome all her enemies , and reign triumphantly in all nations under heaven , in universality , uniformity , integrity and inn●cency of life and conversation . this blessed and happy estate of christs church upon earth ( after the aforesaid battel of gog and magog described ezech. 38. and 39 chap. of which enough before ) is graphically deciphered in the nine last chapters of the same prophet , beginning at the 40 ; where under a specious and large type of restoring the old jewish temple with the sacrifices ( chap. 40. ) the measuring , ordering and disposing of it in every thing thereto belonging ( chap. 41. ) as the chambers of the priests in the temple , the holy utensils ( chap. 42. ) the glory of god filling the house ( chap. 43. ) his paternall upbraiding the israelites for their antient idolatry , and demonstrating his great and affectionate love to them for the present ( chap. 44. ) is contained ( as i said before ) a pithy discourse how powerfull and magnificent these new converted christians shall be ; how holy , learned and unanimous their ministers should be , how ardent and studious they shall be in communicating the gospel of christ to such as yet sit in darknesse and in the shadow of death ( chap. 45. ) how vigilant their princes and magistrates shall be in being keepers of the house of god , that is in incouraging the ministers , tam praemio quàm paenâ , to instruct the people in the knowledge of the truth , that so both ministers and people may render due obedience to their common saviour , in love to god , and charity toward men . and again , the reserved portions of land for the temple , city , priests and princes all in just measures and dimensions , the waters issuing out of the temple , ever increasing in latitude and profundity , the severall divisions of the particular lots of priests , temple , levites , the city and the princes secondarily repeated in the 45 , 46 , 47 , and the last chapters , evidently declare the undoubted certainty and verity of this wonderfull mystery , that the jews shall repossesse their antient possessions and severall inheritances in the land of iudea ; how devout , pious and chearfull they shall be in the worship and service of god , intimated by the frequent performing of spirituall sacrifices and oblations : how potent and spatious their church shall be , how great and infinite the priviledges , and never decreasing graces of god shall be to it , signified by the depth and latitude of the spiritual waters of life . thirdly , daniel in the end of his 11 chap. doth above all other , most plainly and specifiquely picture the two grand preparations to this spirituall monarchy of christs church in the end of the world : viz. 1 the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the enemies of god , and 2 the conversion of the jews . for in the 40 , 41 , 42 , and 43 verses of the said 11 chapter , declaring first , what victories , the saracens should get over the roman empire , by saying , that the king of the south should push at him ( viz. the saracens should invade the emperour ) and secondly , what lamentable havock the turk should make of the roman monarchy by conquering and subduing from them all the eastern empire of constantinople , in these words , and the king of the north shall come against him like a whirlwinde , with charets and horsemen and many ships , and shall enter into the countries , and shall overflow and passe thorow ; which was verified in the turks conque●ing all greece , scythia , moldavia , servia , asia , syria , mesopotamia and the isles of the aegean sea : and he shall enter into the pleasant land , and many countries shall be overthrown , but these shall escape out of his hands , edom and moab , and the chief of the children of ammon , which also came to passe when selimus i. invaded egypt , slew tomumbey the sultan thereof , eradicated the very name of the mamalucks , and so got all the wealth and treasures of memphis and grand-cairo , and added also iudea as a member of egypt to the turkish empire , an. 1517. his son solymon the magnificent , awed india and ethiopia , and his grandchilde selimus ii. conquered tunis and algiers in afrique , yet neither of them medled with the arabians , edomites or moabites , as thinking them a people not worth conquering . in the 44 verse , daniel saith , but tydings out of the east and west shall trouble him ; the conversion of the eastern and western iews , shall so inrage the turke , that he shall levy innumerable forces , and march forth in great fury to destroy and root them out : and he shall pitch the tabernacle of his palace between the seas in the glorious and holy mountain , shall fight a most terrible and bloudy pitcht field with them in their own land of iury , and yet shall he come to his end , his power , by god's providence , shall be overthrown , and totally eradicated by them from off the earth , and none shall help him . lastly , s. iohn in revel . 9.15 . setteth down in plain and evident numbers , the very beginning , increase and downfall of this hellish generation . for in saying the turkish armies shall be prepared at an hour , a day , a moneth , and a year , he analogically declareth the very time of their birth , and the year when they shall come to a finall annihilation . here a day is to be taken prophetically for a year , a moneth for 31 daies , which likewise make so many years , and a year for the daies of a bissextile iulian year ( which are 366 ) making in the same manner as many propheticall years as in the former epoch's of daniel and ezekiel● so the sum's of 366 , 31 and 1 , make a compleat product of 398 years , which added to an. 1300 ( the year in which the ottoman empire first saw light in the world ) plainly demonstrates , that as the turkish empire began an. christi 1300 , so in an. 1698 shall be the fatall end and finall downfall of the same . thus it is evident , that as the downfall and captivity of the jewish nation fell in the building and birth of that city , which was afterward the fourth monarchy ; so in the buriall and ruine of the same city and monarchy shall be their conversion to the gospel of truth , and the institution of the fifth monarchy ; in which all power , and earthly magnificence must submit to the kingdom of the saints of god , and all scepters bow to the authority of the church of christ. viii . against these former assertions it is thus objected : that these are but the dreams of idle-headedmen , considering the sad method of the world in the continuall increase of sin and wickednesse , and degeneration of all sublunary things daily more and more to worse ; and because our saviour said , at his second coming he should scarce finde faith upon earth . but to this i answer ; no time is god's time for the propogation of the gospel , and enlargement of his church , but in the deluge of sin and inundation of impiety : then is his power most manifest , when man is weakest ; his decrees most effectible , when we think him the furthest off ; and his providence nearest execution , then , when the world is most irregular , and incapable of a reformation . when the abominations and paganismes of the old world had destroyed all true worship of god , and an 120 years of repentance did no good , then was god's time to separate the wheat from the chaffe , and by saving of noahs family to preserve a seed for the implantation of a new . so in the n●w world , when idolatry had overspread all , the judgement and mercy of god most appeared in abrahams vocation , by selecting his church from the rest of mankinde , and continuing it above 2000 years in the house of heber , the true heir to grace and salvation . thus was it in the destruction of sodome and gomorrha , in the babylonish captivity , in the reformation by luther , when all the world were become apostates , god's providence shone out brightest , and was most conspicuous in propagating religion , maugre all the opposition the devil and the world could invent or de●ise : so shall it be in this prefixed time : though the world must degenerate more and more in civility and humanity ; christianity be eclipsed in a higher measure , and the true worshippers of god decrease above what ever yet hath been done : though protestantisme in many coasts and kingdom● shall be totally swallowed up of popery and mahumetanisme ; more lamentable warres and fearfull massacres rage through england , germany , france , spain , italy , and all european monarchies , then we have yet beheld ; and though some of these kingdoms wholly revolt to popery , others be luke-warm and at a stand , until an. 1686 ; yet all these shall but make way for the finall eradication of the enemies of the church , and the glorious and wonderfull birth , and erection of the fifth monarchie universall , which by these pangs and sorrows of christendome shall be brought forth about the time of the totall conversion of the jews . for the season is now come , when judgement must begin ( not at the temple of antichrist ) but at the house of god ; and what bloud soever is shed upon the soyl of the church , shall be no other then fruitfull showers and warm seasons , to make the field of christ more pregnant in production of that glorious harvest of saints , which shall cover the earth . for as it shall be in the end of the world , this old , decrepit , and corrupt world must be purged and refined with the fire of the lord , before there can be placed in stead thereof a new heaven and a new earth : so in the finall conclusion of the troubles of the church , warres , apostasies , alterations and changes in kingdoms and states , the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of gog and magog , and all the enemies of christ , the amputation of unprofitable trees , and eradication of noxious weeds out of the garden of the church , shall facilitate and prepare the way for the ingresse of the monarchy of the gospel into the eyes of the world . far wide therefore is the surmise of those christians , how this doctrine of the universall regiment of the church upon earth is a vain-glorious and fantastick dream , considering the hopes of it now are small , and like to be lesser , because charity and devotion daily decreaseth : nay rather this is the most evident sign that it speedily approacheth , because the malice of the devil with the corruption of mankinde , hourly augmenteth and strives to stifle and prevent it . if god be known to be god by bringing light out of darknesse , and manifesting his power in weaknesse ; then certainly shall these warres and schismes among christians , the barbarous invasions ●nd conquests of turks and tartars , the encreasing idolatry of the western and eastern indians , be an axe in the hand of god , to lop off all superfluous branches from his vine , to make it overspread with nourishing fruit , the globe of the whole earth . ix . and that these are no novell opinions , these following testimonies may give sufficient evidence , petrus damiani flourished anno 1060. a laborious divine , an acute philosopher , and a witty poet. gesner and other bibliothecaries say nothing of him is extant . yet i have seen in the library of trinity-colledge in cambridge certain latine epigrams of his , of the conversion of the jews , of the destruction of the world by fire in the last day , of the ruine of rome , and of the last judgement , which latine epigrams i finde translated into english stanza's in an old manuscript of l. b. intituled the dove . 1. of the burning of the world by fire . primum foedavit mundum scelcrata libido , cujus quàm ad coelum flammea massa venit , diluvium immissum est , immensumque obruit orbem , vt mala tanta pijs eluerentur aquis : o dira ebrietas mundi faex prima secundi , te opposita interiment atque elementa prement . iustitiam domini in cunctis sic cernimus actis , vnda lavat venerem , pocula flamma bibet . thus englished . as the first world did first by lust offend , whose burning rage to such a height did win , that god to quench the same a floud did send , o drunkennesse , the second world's first sin ! the course of vice that element must end , which is opposed to that which did begin . in every thing gods justice we may spie , as flouds drown lust , flames drunkennesse must dry . 2. of the ruine of rome . effuge , grex christi , peccati à gurgite diro . cui meretrix odio est , atque corona triplex , effuge , dum tempus datur , & fera praelia cessane ; ne ut tu delitias , sic sua damna feras . quum jam funestos agnus superaverit hostes . pingue gregique epulum militibusque dabit . se mentem metet haec meretrix , quam sevit , eandem : iam sathanae sedes , quae domina orbis erat . thus englished . fly , faithfull christians , from that sea of sin , who hate the whore , and the two-horned beast ; fly , fly , in time before their griefs begin , lest as their pleasures , so their plagues you taste . when once the lamb the victory doth win , he of fat things will make his flock a feast . who as she sowed , so shall she reap those evils , once the worlds mistresse , now a cage of devils . 3. of the conversion of the jews . postquam evangelium toto narretur in orbe , fulget & ignotis nostris genitoribus oris , quum gentes christum agnoscunt generalit●r 〈◊〉 . qu●s deus aeter●●im aetherea dignabitur aulā . tunc amplectetur verum solynaea propago , quod priùs invidid tam aversabatur iniquā : vltima evangelium , legem quae prima recepit . quos d●cuit primos , postremos christus habebit . thus englished . the gospel once being preacht in every place● to lands of which our fathers could not tell , and when the gentiles all are drawn to grace , which in the new jerusalem should dwell . then shall the stubborn jews the truth embrace● from which with such disdain they did rebell : who first the law , last shall the gospel have , christ whom he first did call , shall last receiv● . 4. of the last judgement . indictum tempus , quod totum territet orbem , per praedicta homines signa monere solet . praelia , evangelium mundo vulgatur , adorant iudaei christum , cognita jam meretrix : zelus hebet , stellaeque cadunt , fera crimina regnant , aegra fides languet , daemonis ira furit : vltima jam genus omne malorum buccina clangit , supremamque diem signa tremenda notant . thus englished . that threatned time which must the world appall , is that all may amend by signs foreshown . wars rumor'd are , the gospel preach'd o're all , the jews convert , the antichrist is known . devils rage , vice reigns , zeal cools , faith fails , stars fall , all sorts of plagues hath the last trumpet blown . and by prodigious signs 't may plain appear , that of the son of man the time draws near . thus by this great divine living in the mistiest times of popery , it may plain appear , that it was a received opinion that the total destruction of rome , the conversion of the jews , and the fifth monarchy should precede the end of the world . and this is also confirmed by hieronymus savanarola ( who died a martyr at florence , a. 1498. ) whose prophesies are extant in the works of franciscus mirandula . that in the last times jews , turks and moors should be converted to christ , a man like cyrus with a numerous army of true professors should come over the alpes and destroy rome , and ruinate all the kingdoms and states of italy . that grievous wars , bloud-sheddings and massacres should arise in the world by a northern king for a happy reformation , who should carry the gospel out of europe into a vast and unknown world in the end of time . that an eastern king should blow the trumpet of god from tartaria , which should reform all the islands of the indian infidels . he likewise prophesied in particular of iulio the second , of the troubles of the duke of mirandula , of luthers reformation , of the persecutions of merindol , chabriers , angrogne , the valtolin● , and other places of france , all which most evidently came to passe . thirdly , a prophecie of the estate and condition of the times unto the end of the world , was found written in hebrew under the foundation of the church of s. denis in france , a. 1616. by the sexton of the place , as he digged for the erecting of a monument for the lord teligni . he gave it unto the popes nuncio ( who rewarded him with 200 dollars for his pains ) from him it was sent to the cardinall of bruges , who presented it unto the young k. lewis xiii . it was written in parchment , and wrapped in lead in the form of an heart : hebrew numericall letters were set at the side of every line , signifying in what year of our lord every accident should come to passe , and be manifested to the world . out of hebrew it was translated into latine by iohannes parmarino secretary to the said cardinall . the prophesie runs thus . anno christi . 1661 obruit italiam saevo mars impius aestu . anno christi . 1665 vnica sint christo pascua , campus , oves . anno christi . 1666 totum operit mundum terror & ira dei. anno christi . 1667 pauci iehovam venerantur . anno christi . 1678 inclytus exurgit factis heros . anno christi . 1686 europa tremit : asā urget metus . anno christi . 1693 generalis terrae motus ruit . anno christi . 1699 agnoscunt omnes gentes deum . anno christi . 1700 flumina siccentur ubique . anno christi . 1710 pastor & ecclesia unica . 3 alephs . the heat of war doth italy surround , let christ's pasture be one , his sheep and ground . gods wrath and terrour doth the world confound . but few that god do reverence . a prince shall rise of eminence . asia doth tremble , europe shake . now is a generall earthquake . all nations gods knowledge partake . rivers are dried every where . pastor and church only one are . by this prophecy great troubles must arise in italy within this small time , cruell wars afflicting every state thereof , which must be preparations to the eternall destruction and ruine of rome the head city thereof : rome can never be destroyed except protestants lay aside their unnecessary civill contentions , which may ( god so disposing ) come to them about anno 1665. after which great commotions are like to aris● in europe , till a noble hero arise , which shall quench those evils by imploying christians in mutuall leagues against the turk . suddenly after which comes troublesome daies in asia and africk . then follows universall peace and quietnesse of nations , prophesied of by ezechiel and s. iohn in the revelations , which must bring forth the purity and perfection of the gospel over the whole earth . x. of how large an extent the turki●h empire should be , how far it should prevail against christendome , when it should be at the height , and whe● christians should begin to cry quits with them by victories and conquests , is long since ex●ant in ancient prophesies . one whereof m. fox in his first volume of acts and monuments , pag. 746. antiq . edit . relates he found in the persian language in a manuscript of bartholomary georgienitz : the substance whereof in latine is this . imperator noster veniet , ethnici principes regnum capiet , rubrum quoque pomum capiet , inque suam potestatem rediget . quod si in septimum usque annum christianorum gladius no● insurrexerit , u●que ad duodecimum annum eis dominabitur . domos aedificabit , vineas plantabit , hortos sepibus muniet , liberos procreabit , & post duodecimum a●num christianorum gladiu● apparebit , & turcam quaque versum in fugam aget . our emperour shall come , he shall take the kingdom of a heathen prince , he shall also take the red apple , and subdue it to himself . but if the christians sword shall not arise by the seventh year , he shall reign over them to the twelfth year , he shall build houses , plant vineyards , hedg● in orchards , and beget children , and after the twelfth year shall the christians sword appear , and put the turk to flight on every side . m. fox expounds these 12 years to be 12 turkish emperours prevailing against christians , beginning at the first emperour ottoman an. 1300. and so solyman the magnificent to be the twelfth emperour , and the last that should prevail against christians ; who began his reign an. 1519. and died an. 1567. but i think rather it must begin at mahomet the ii. winning of constantinople ( called here rubrum pomum ) an. 1452. and must end at the late emperour mahomet the iv. his death the last august , 1649. my reason is this : other emperours have prevailed against christians , since solyman the magnificent . for selimus the ii. his son wan cyprus from the venetians . armurath iii. took the fort guiermo from the hungarians , and his son mahomet iii. took agria in hungary , and had he pursued his victory , had won that whole kingdom in lesse then a year : so the late mahomet is the 12 emperour from mahomet the ii. and now ●fter his death shall the turks prevail no more against christians . for fourty years agoe that kingdom was at a stand , and is declining to an eternall destruction . the sword of the christians shall now arise and prevail again●t the turks ●ill an. 1696. when the converted jews shall gather head to overcome them in a bloudy pitcht field , and root out their name from off the earth . by this young emperours decease without issue , the ottoman line is extinct , and none left . one sultan hali ( a persian by birth ) is now steward of the ottoman house , and the crim-tartar by old composition and agreement layeth claim to the turkish empire , which at present is in combustion because of this . and though above 200000 turks are in the field , with an intent ( as is thought ) to invade germany , yet if christians could but leave o●● their unnecessary divisions , they might soon ruinate the turkish empire . for since armurath iv. his death , an. 1642. ( who began to reign , an. 1623. ) all the time of this late mahomet's reign , since there hath been continuall contentions and massacres amongst the turks , the jannizaries eluding and despising the young and weak emperour , which terrified the mufti and the bassa's sore , because they had a prophecy , that as a mahomet wan constantinople , so a mahomet should lose it again to the christians . however the matter goes for the present , the year 1698 shall be fatall both to them and to the pope in both their ruines , and the beginning of the comparative felicity of the church of god , as may be further manifested by an excellent prophecy , which the learned erasmus received from reuchliuus , and was found in the study of iustus lypsius by ianus douza the younger , running thus . post mille expl●tos à partu virginis annos , et post sexcentos rursus ab orbe datos , nonagefimus octavus mirabilis annus ingruet , is secum gaudia laeta faeret . corruet hoc anno turcarum i●visa propago ; roma , tuum in libris fabula nomen ●rit . omnia tunc mundi sursum ibunt atque retrorsum imperiae , ut populus sceptra novella premant : vtque suum cunct as verbum diffundat in oras . christus , & imperitet nomine ubique suo . thus englished . six thousand years from virgins birth expir'd , six hundred after that acquir'd , the famous ninety eighth year shall come on , full of great contentation . this year the turkish hatefull race shall rue , rome shall a fable be , not true . then shall be tost all kingdoms of the world , and into a new kingdom hurl'd : that into all coasts christ his word may spred , and be alone the peoples head. xi . the two books of esdras are thought ( and that by none of the least learned , as augustine , hierome , ambrose , tostatus , scaliger the elder , melan●thon , arrias montanus , bucer , and bibliander ) to be canonicall , because of the most evident fulfilling of many predictions in them contained . in the 11 chap. of the second of those books , there is under the type of an eagle , a manifest prophecie both of the roman heathenish empire , as likewise of the papacy with her chief leagurers to this present time throughout the whole chapter . this eagle is that roman heathenish empire ; her twelve feathered wings are the twelve first emperours from iulius cesar to nerva cocceius . the three heads are the three kingdoms of france , spain and germany , preordained of god to uphold and maintain the power of her pride , when all her wings ( her heathenish and tyrannicall cesars ) should fail her . neverthelesse , under her 12 first cesars are comprehended in generall all the emperours which reigned in her from iulius cesar ( who first crackt the strings of her liberty ) to augustulus momyllus ( her last roman cesar ) for the space of 474 years . her 8 contrary feathers are the 8 terrible inundations of severall nations from the north ( god's scourges ) which overwhelmed her fairest provinces , sunk her state in bloud , and by fire and sword humbled her as low as the dust she trod on ; viz. 1 alaricus and his west-gothes , 2 attilas and his hunnes , 3 gensericus and his vandals , 4 odoacer , 5 theodoricus and his east-goths , 6 totilas and his spaniards , 7 alboinus and his longobards ( who deposed her diminitive cesar augustulus momyllus ) 8 and lastly , the intestine homebred faction and conspiracy , which proved more pernitious then the rest ( as all included diseases are the worst ) which in the reigns of otho the great , otho iii , and frederique ii , so often strove to eradicate the papall superiority , and reedifie her s.p.q.r. buried so many ages ago out of the ruines of the city . the head in the midst is the germane empire , begun an. 801 on christmas day , by charles the great , which though vers . 32. it long did and yet doth put the earth in great fear , yet vers . 33. must vanish in an instant , as did the wings , and come to nought . the germane empire thus destroied , vers . 35. the head on the right side ( the kingdom of spain ) must devour the head on the left side , which is the kingdom of france . therefore it is manifest , that the kingdom of france , though now it flourisheth in what glory and magnificence earth can afford , must ere long be humbled by the power of spain , with many discomfitures , and brought to dolefull streights and great perplexities . i my self have observed one remarkable adjunct of that kingdome in particular , how that year ( in which the figures of the golden number were equall to the figures of the year of christ ) hath ever proved fatall to that monarchy for warre , bloudshed , pestilence and famine . it was so with them from an. 1570 to an. 1576. in all which seven years , the guisian faction made lamentable havock of the church of god and the kingdom ; so shall it be in that year in which the finall tragedy of that kingdom shall be acted , six years after which france shall be no more . but when that shall be , no sign of europe shall remain , nor remembrance where the wals of rome stood . the lion ( which vers . 37. and chap. 12. v. 31. came roaring out of the wood speaking to the eagle , and rebuking her for her wickednesse ) is the wind which the most high god hath kept for rome and her wickednesse till the end , even the lion of the north ( of which you shall hear anon a prophesie of the true merlin ) which shall reprove the roman empire , and cast before her her spoils ; he shall set her alive in judgement , rebuke and correct her , and deliver the residue of gods people by afflicton which are preserved upon his borders and make them joyfull untill the day of judgement . in the 13 chapter , esdras beholds a vision of a man rising out of the sea , and devouring the multitudes of fighters that came against him , neither with sword , spear nor any instrument of warre , but only with the fire and storm that came out of his mouth ; which is christ the son of man , who through a sea of bloudy persecutions and tribulations propagated his gospel over the earth , confounding and devouring the multitudinous pagans and idolaters fighting against christians , by the invincible force of the gospel . after a long time of the obstinate wilfulnesse and fulnesse of the gentiles , he shall call to himself another peaceable multitude , vers . 12 , 40. even the whole nation of the jews , out of armenia , tartaria , and the eastern india , whom god shall defend and convert to the gospel , when he shall destroy all other nations upon earth . these are called the peaceable people , because after the conversion of the jews , shall come that ministeriall monarchy of the church over the whole world ; that peaceable and still time , when all kingdoms under heaven shall forget fighting one against another , warres shall cease in all the world , and swords and spears shall be beaten into plowshares and pruning hooks . when the seventh angel blew the trumpet , luther began his reformation , then it is , when the multitude stood before the lamb , and sung the new song of moses ; and then neverthelesse is but the vail only of the tabernacle opened in heaven , and a great cloud and smoak covered that glory . but it must be 180 years after , when the kingdomes of this world become the kingdoms of our lord and of his christ , and those be destroyed that destroyed the earth . for then and not till then shall the temple of god be fully opened in heaven , and the ark of his testament ( the very same modell , which god shewed to moses in the mount ) shall be seen in ierusalem , not in a tabernacle , but in that temple , which the power of god shall make . then shall lastly , the four beasts , the elders , with all the angels of heaven , and all the creatures of heaven and earth , and of the sea and under the earth fall down before the throne , and give glory , honour , blessing and praise unto him that sitteth on the throne , and to the lamb for ever , and the four beasts shall say , amen . xii . i have heard many jews discoursing of this their glorious restauration and religion to come . they say , they never possessed ( no not in the time of david and solomon , when their kingdom was largest ) an half of that which god promised in deuteronomy and ioshua . indeed it is said in ioshua , no good thing failed of what god promised , but this is to be understood of their peaceable settlement in what ioshua then conquer'd , not of the utmost boundders of what they were to possesse towards the end of time. from euphrates to the red sea , all the coasts on the west to the great mediterranean sea , with tyrus and sydon , on the north hemath and cel●syria , even in length from l●banon to egypt , was to be the confines of this sacred commonwealth . now if we consider , what a moity of this was possessed by lot , ammon , esau , the kings of tyrus and sidon , the philistines with syria , we may plainly see , that more then an half was never their own , of what god promised . in confidence of possessing which , and all the world beside in time to come , in their great hosanna they shake palmes in their hands , in triumph towards the four coasts of heaven , to intimate that in their universall empire every tree of the wood shall clap hands , and sing for joy . it is strange , and makes me give more credit to esdras then otherwise i would , to see how pat he goes with our saviour christ , in affirming the second captivity of the jews to be long , and that their return should be about the ruine of the roman empire . he relates how the ten tribes ( soon after their captivity by salmanasser ) travelled through a great river or strait ( perhaps the streits of anian ) in a long journey of many moneths or years to a country not inhabited . yea many good authors , who write of the histories of america , relate how the maxicans have a tradition ( delivered from father to son , time out of minde ) of a great multitude coming a great journey into those parts with an ark carried before them on mens shoulders , with their god inclosed therein . these people certainly were jews , from whom they learned circumcision ( which our travellers finde in most of their coasts ) with other rites of tribes , heads of tribes and families , with some handsome ceremonies of marriages , funerals and washings , directly the same with the jews or israelites . but to prove , that the israelites were first placed in media and carmania , and from thence removed into india , let us return a little back , and survey scriptures and some approved authors . when salmanasser king of assyria carried the ten tribes into captivity ( in the fifth year of the reign of hezekiah king of iudah ) he was a prince of spacious dominions and invincible forces , as comprizing within his empire all media and persia , mesepotamia , assyria , all arabia and ethiopia inferiour to the confines of egypt , all syria and palestine ( save only the poor exhausted kingdom of iudah ) and lastly armenia with all the coasts bordering upon the caspian and euxine sea , as farre as tartaria . by this it will be hard to define in which province of his empire he placed them , out of his dominions we may well think he would not abandon them . in the 2 king. 17.6 . it is said that he placed them in hala and habor by the river of gozan , and in the cities of the medes . which hala ( or rather chala ) and habor by affinity of pronuntiation , can be no other then col●hies and iberia , two provinces of armenia , the first bordering upon the euxine , the latter upon the caspian sea and the confines of the tartars . east of armenia lies media , in the cities of which , a great part of the israelites were likewise placed to inhabit . north of armenia is the entrance into those immense and indiscoverable nations of muscovites and tartars , the utmost limits of whose kingdoms were never yet fully known . the chief river of which countries arising farre beyond the hyperborian territories , after a wearisome travel through many nations and provinces , disburthens it self at last into the caspian sea , at the very entrance into armenia , where it is called zolga ( though our mariners call it wolga ) which is nothing else but a metathesis or a bad pronunciation of the word gozan . so that that saying of ben-gorion is true ( if that manuscript be his which gallo-belgicus fathers upon him , yet visible in bibliothecâ florentinâ ) salbumadzar ( saith he ) rex assyrius , exciso samariae regno , decem illas tribus , quae à divino cultu tandiu ante desciverant ad idololatriam , abductas in captivitatem conlocavit in fasso , alvati , loride , & bascapante civitatibus colchidos & iberiae arm●nicarum provinciarum , & in ecbatan● & bocchu urbibus mediae juxta pontum euxinum , & mare caspium . thus by the testimony of this great rabbi it is manifest that the opinion of those men is fond who think the ten tribes to be utterly lost ; thus likewise is it plain that the jews conversion must first a●ise out of the east , and that fassum , alvatis , loris , and bascapan cities of colchis and iberia , and ecbatana and bocchu cities of media were the places , where salmanasser ( called here salbumadzar ) placed these israelites in name , but pagans in nature . and iohn lunclay in his pandects of the turkish history , fol. 769. writes , how there are certain hoords ( troops or families ) of people near the more northern parts of tartaria , which retain the names of dan , z●bulun and nepthali , and in the vicinity of rega there is a certain barbarous nation of letti , which for three moneths in the year perpetually wander up and down the fields , having these words iure-shel●-mashalom continually in their mouth , as a kinde of lamentable tune or mournfull ditty : by which words authours credibly suppose are meant jerusalem and damascus the two head cities of judah and israel . he that diligen●ly reades the history of these x. tribes in scripture , after their revolt from the house of david , and combination with i●roboam in erecting idolatry , may see that they were a nation quickly overgrown with heathenism , cruelty , and barbarousnesse , wholly become abominable pagans in nature , manners , life , condition and conversations ; as if they had had numa pomphilius to their father , and not abraham the faithfull : they only kept circumcision and the names of their progenitors in remembrance , but had quite forgotten the stories of their religion and piety , thence it came to passe that in this their captivity , being transported and implanted among those nations , they quickly conjoyned and counited with them in marriage and affinity ( being already long before coupled with them in idolatry ) and so ceased to be called israelites , but being now all one people , were called by the names of armenians and medes . that these israeltes likewise inhabited part of tartaria , and from thence spread into india and the east , and that they likewise possessed a part of the caucasian mountains mingled with a people , which herodotus calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( a word not unakin to turks ) is manifest by these undeniable reasons . 1. because the colchians , iberians , and a great part of tartaria used circumcision in most ancient times , long before the building of rome , which they could not have received from any people else but from these israelites , who 30. years before the foundation of rome were sent to inhabit among them . 2. the crim-tartars derive their progeny from sampson ( hence so many of them have been called camson , an obscure notion of sampson ) and in imitation of him wear long hair ; which could not have been , except they had had their originall from those people from whom they had the memory of sampson . 3. the names likewise of moses , aharon , cham , selim , or solyman ( a vitious pronunciation of shlemo or solomon ) were proper names of men amongst the turks long before ever they broke into asia . now what times the turks first broke into asia , chronologers agree not among themselves : some say they broke through the caspian streits into armenia major ( now turcomannia ) an. 844. but i rather suppose their first irr●ption into asia was 20. years after the death of alexander the great , about an. m. 3718. when the parthians shook off the macedonian yoke , and began their empire : for in those times we reade in mela , pliny and herodotus , that a ba●barous and savage people from the north had invaded and possessed carmania , which could be no other then this nation of the turks . thus it is plainly manifest , that when these israelites passed into america , they left a great part of their brethren behinde them in asia , tartaria , and india . millions of them are in persia , and their domineering at this present day in carmania , is rightly observed by benjamin the jew in eyre , by m●rcator , ortelius , and other geographers . xiii . abraham was told in genesis , his seed must thrice be like dust , and then afterward like stars ( stars not for multitude , but for piety and glory ) onc● in aegypt ; secondly in babel ; thirdly throughout the world in the roman empire , and afterward in the beginning of the fifth monarchy must enlighten the whole world with the glory of god. and the jews themselves have an ancient tradition , that they must have two messiahs ; 1 the first should come about what time the government was taken from iudah ; he should lay the foundation of their redemption , afterwards be betrayed , crucified , and die by their own hands , and leave them in a dolefull plight in the jaws of destruction by the gentiles : him they called ben-ioseph or ben-ephraim , alluding to sorrowful ioseph , who endured so much hardship , being sold by his brethren into aegypt , and estranged from his fathers house ; and to the unfortunate attempt of the tribe of ephraim ( soon after that barbarous edict of murthering male infants came forth ) to deliver themselves and the israelites by force of arms from pharaoh some 12 years before the birth of moses ; when pharaoh levying an huge army , made fearful slaughters of them , forcing them to return to their old obedience , of which you may reade in psal. 78.9 . in this doleful misery they should remain so long till their second messiah came and delivered them from the hands of all their enemies , restored them to their native land of iudea , and reigned over th●m in equal fame and prosperity with david their father . him therefore they call ben-david . 2 secondly , isaac was mo● wayes then in his immolation a figure of christ. he had two sons esa● and iacob , of whom it is said , the elder shall serve the younger● edom ( which jews interpret to be the roman christian church , the first-born to christ from isaac ) must come to serve the younger , the iewish converted church in the end of time , when it is once come up . thirdly , 3 iacob a type of christ in his descent to aegypt had two wives , leah a type of the visible church of carnal jews using and leaning upon ceremonious shadows in stead of the true sacrifice from moses to the end of the second temple : as likewise of the church of the gentiles , which from the ascension of christ was to continue in vicissitudinary fortune to it's end , full 1668 years . thus leah was blear-ey'd , but fruitfull in her posterity , yet not so acceptable and lovely in the eyes of her husband as rachel ( a type of the glorious jewish church in the end of monarchies ) who was to be many dayes barren , even from the end of the second temple , till anno 1683 , then brings forth ioseph , leaves her fathers idolatrous house , within a few years after travels again , and brings forth the staff of iacobs old age with the losse of her own life . fourthly , 4 that the jews were to have a temporal monarchy in the end of the roman empire , is evident likewise out of the new testament . in the first of acts our saviour christs disciples shewed how greatly the jews expected for this time , when their messiah should deliver them from the yoke of the romans , and restore them to their temporal kingdom in iudea ; as likewise how near they thought the season and period to be in our saviours time , when they came to him , saying , lord , wilt thou at this time restore the kingdom to israel ? our saviour in his answer doth not deny but that such a time was to be , when the jews should be restored to their temporal kingdom in their own land ( which should exceed davids and solomons in magnificence , and should extend over the whole world ) but only blames and checks his apostles for enquiring of that which neither was needful for them to know , neither should be in their dayes ; as likewise for being too inquisitive in the times and seasons when it should be , and was to begin , which ( said he ) the father hath put in his own power . and whoso reads hos. 3.4 , 5. the four last chapters of zechary , mich. 7.15 , 16 , 17. esa. 2.2 , 3 , 4. and chapter 27. 12 , 13. with ier. 24.6 , 7. with divers other passages in scripture , may plainly see that neither solomons house nor the maccabees ever obtained their full propriety , nor were those prophecies of their universall soveraignty ever fulfilled in the old testament . fifthly , 5 the song of moses in the 32. of deuteronomy , is clear , that many and great afflictions shall befall them in the latter daies , even all the time of their first messiah , and the roman empire . no jew in the world ever expounded otherwise from the 36. verse to the 43. of that song . and to this place they referre their afflictions which they have , and shall suffer all the time of the roman empire till their restauration . there is but few of them now , but will confesse that their messiah ben-ioseph , is come already , but their ben-david is yet hid in the depth of the sea , and will arise from thence about the finall end of the destruction of the gentiles . sixthly , 6 the life of ioseph in genesis hath in it more then history . at 17. years of age he was sold by his brethren , and stood before pharaoh to expound him his dreams at thirty . so he lived above 12. years in misery and irons . and for those 12. years god rewarded him with 80. years of government in and over all the land of aegypt . his brethren came and bowed to him according to his dream of the sheaves ; his father also was inferiour and subjected to him as he was viceroy in the government of aegypt : and was nourished and maintained by him according to his second d●eam of the sun , moon , and the eleven stars crouching and making obeisance . though his brethren pitied him not in the anguish of his soul , yet he forgiveth and preserveth them in aegypt , and at their deliverance thence marcheth triumphantly before them to canaan in his coffin . but yet neverthelesse iacob was to stay in canaan , and ioseph was to be unknown to his brethren till aegypt be destroied by famine , and yeeld if self to ioseph . and the bon●s of ioseph too must stay in aegypt till 600000 men besides women and children be delivered them by the hands of moses and aaron . no departure from aegypt , no passage through the red-sea without the bones of ioseph . edom in the dayes of moses , and babylon in daniels time suffered the severest punishments god could inflict upon a people , and all for afflicting eber. and here is a mystery not so observed as observable in scripture . as aegypt was broken before the first tabernacle was set up by moses : as edom was harrowed by david before the first temple was erected by solomon : and thirdly , as babel was brought to nothing by cyrus before the second temple was built by zorubbabel and i●hoshuah : so shall both edom and babel , turk , pope , and all monarchies in the earth be brought to dust , before the third temple be built by the converted jews in their native land of iudea and ierusalem . ierusalem now inhabited by turks and hereticall christians shall at that time be purged from filth , and be the only receptacle of the children of god. but when that time shall be , i have abundantly shewn in the sections before . and in that season shall benjamin be sent down from his good father in the power of his right arm , and ioseph ( even ben-ioseph ) shall make himself known to his brethren , who did hate him , shoot at him , cast him into the pir , and delivered him to the gentiles . which excellent parallels of ioseph and christ are fully explained in the massorch , zoar , and in rabbi-asse , besides ezechiel and s. iohn in the revelations . notwithstanding in citing these jewish traditions , i would not be mistaken , as if i maintained a second descention of our saviour christ from heaven , as the millenaries do ; or that the jews must have him come personally dowm from heaven to destroy the whole world , and restore them to their land of iudea , i mean no such thing . god hath other means to bring his purposes to passe then , by sending his sonne christ to sojourn the second time upon earth . a second moses , yet a king , must work all this for them : yet not a moses of their own bloud , but a captain from the north ; who shall work the works of god in righteousnesse , and make peace like a mighty stream overflow the whole earth . xiv . the consideration of these future great blessings of god towards this nation of the jews , and in them to all the world in the advancement of the gospel ; as likewise the laying to heart the grievous calamities which have so long tossed the kingdomes and free-states of europe , should move all men with repentance to prepare themselves to meet those great and fearfull mutations which god is bringing upon all the european coasts of the world . historians have made their four monarchies according to the rise or fall of severall particular nations . 1. assyrians . 2. persians . 3. grecians . and 4. romans : but this is a lame division , and comes far short of that transcendent metamorphosis of humane affairs , which ( by comparing of histories , observation of new starres and comets of late , with the consideration of the manners and conditions of the sonnes of men ) we may easily perceive must within these few years be brought upon the world . the learned mathematicians and philosophers ( who have more throughly searched into the secrets of astrology ) rightlier place their four monarchies according to the four coasts of heaven . 1. the eastern monarchy of the assyrians . 2. the two southern monarchies of the persians and grecians , bounded within the circumference of 3600 miles , or 11 degrees of latitude . 3. the western monarchy of the romans . 4. and lastly , the northern monarchy ( but in right accompt the fifth ) must be of the northern lion , which to the amazement of christendome , shall arise from the northern sea , and pitch his tents in the ashes of the eastern and western monarchies . but now having made mention so oft of this v. monarchy in this pamphlet , i think it meet to produce two or three reasons of the truth and certainty of it , deduced out of the holy scriptures and humane authority . first , the jews have a tenet among them , that their messias must not come in the flesh till the destruction of the fourth monarchy in daniel , which is the roman : and so will not beleeve christians professing him to be come already : but say , this coming is deferred till the roman empire be totally abolished ; which because it is not nor must be yet , they will not beleeve he hath appeared . but the jews are deceived in this , for dan. 2.44 . and 7.9 , 22. the incarnation of our saviour christ was promised to be in the very nick of the constitution and establishment of the roman empire , and not after the ruine of it ( which was performed accordingly ) else should there have been six monarchies before the end of the world . for the dispersion and rejection of the jews , the revelation of antichrist with the fulnesse of the gentiles , was prophesied to be accomplished in the fourth monarchy , all which we see are punctually fulfilled . none of which should yet have come to passe , if our saviour christ was not to be incarnate before the end of the roman empire . therefore as the rejection of the jews with these other signs and things was to be in the fourth monarchy ; so their conversion and remission into the church , and the glorious estate of the gospel upon earth must be in another fifth monarchy , which is yet to come . secondly , so many empires as are comprized in nebuchadnezzars image ( dan. 2. ) must come to passe before the end of the world : but five monarchies are comprehended in that image , erg● . the major is manifest , the minor is thus proved : nebuchadnezzar himself was the golden head of this image , as he was in another respect the feet of the old decrepit assyrian monarchy , which by his chaldean empire and the ruine thereof ( which was approaching ) should totally be annihilated . the armes and brests of silver are the empire of the medes and persians . the belly of brasse is the empire of the grecians by alexander the great . lastly , the iron leggs and the clay toes depictured the roman empire , with the present declining house of austria , and the breathlesse papacy . therefore the stone cut without hands which brake this image in pieces , and became a mountain and filled the earth , must be understood ( as i touched before ) of a fifth monarchy yet to come , in which , by the conversion of the jews and fulnesse of the gentiles the gospel shall shine in majesty over all kingdoms upon earth . thirdly , if the rejection and dispersion of the jews were to be in the fourth monarchy , as is apparent by gen. 49.10 . and numb . 24.24 . then was their conversion not to be till the beginning of the fifth , and towards the end of the world , as is manifest by the apostle , rom. 11.25 . but the first is true and therefore the latter also . fourthly , the conversion and restauration of the jews to their antient inheritances in the holy land ( which ezekiel hath so largely described in his twelve last chapters ) and the glorious felicity of the gospel of christ proceeding from their conversion , must either be in the fourth monarchy , or not untill the fifth . but in the fourth monarchy it cannot be , for among the turks the jews are kept in extream slavery , idolatry and ignorance : and under the papacy they are not permitted to use the new testament ( by which only they must be saved ) and besides they are so inraged against christianity , by the papists image-worship , that there is a flat impossibility ( much lesse any hopes ) of their conversion , so long as either the turkish empire or the papacy stands in force . ergò their conversion and restauration cannot be , till both turk and pope eternally be destroyed , and so the fourth monarchy finally ended . thus having delivered the reasons of a fifth monarchy , i come to describe the lion of the north , as i finde it in an antient prophecie of the true merlin , and by grebner . 1 first of merlin . many scholars have often disputed what merlin should be , who he was , what time he lived in , whether those prophecies be true , and his , which go under his name , or not : how he came by them , and lastly , what reckoning is to be made of them . of every of which somewhat . it hath fared with merlin , as with tostatus in spain , and many learned in our times ; who for the eminency of their learning , and approbation of their writings , became so famous , that pedlar authors father'd bastar'd ware upon them in every corner for easier vent . merlins there were severall of old ; one a welsh-man in the daies of edgar the monarch , of an austere living and monkish conversation . he lived for the most part in the isle of anglesey , where he had familiarity and acquaintance with the bards and druides then not wholly extinct , who had incomparable skill in divination by birds , and other kinde of magique . he was an excellent astrologer and a great chymist : so that many think those prophecies , that are like his , to be deducted from no more then naturall reason . all those prophecies which i have seen of his ( some of which i have ) i cannot see how they smell any whit of a prophetique spirit ; they speak him a great scholar in astrology , but no prophet . but there was living in k. lucius daies another merlin ( called the first ) a scottish man , and he is the true merlin , and if any prophecies could be found of his , great credit was to be given to them . he was a great friend of k. lucius himself , and his daily companion . of his there is but one prophecie extant , which i found in that antient chronicle of nennius of bangor of the saxons ( who yet lives in manuscript ) k. lucius being as yet unconverted from paganisme to christianity , would needs joyn in confederacy with santoline a king of the scutti ( now scots ) to raise warre against the roman emperour ; to which purpose he asked councel of merlin what he should do in this matter ; who earnestly dehorted him from his purpose ; and in the end prevailed . merlin prophesied to him , that within lesse then a sesquidecumane period of time , the eagles head should be cloven in two ; one part whereof agar should burn with fire , and iaphet the other after the grand revolution of daies . mark ( o king ) saith he , and consider , samothea shall be quickly overflown with a vagabond army of an unknown originall , spued out of a land toward the east , which a floud from the north shall quickly possesse . i know thy thoughts and the intents of thy heart ; thou seekest friendship from a people , whose weaknesse shall be thy glory , and their greatnesse thy ruine . a squadron of fishers are risen up from the east , which shall ascend unarmed upon the world without spear and shield , to whom all nations shall in time obey . they shall destroy the temples of thy gods ( o lucius ) and convert them to the service of their eternall king , who only can rescue from the grave , and deliver from the snares of death . behold i see a great sun arise i●sensibly upon us brittanes ! but ( woe is me ! ) what black seas of darknesse , and rivers of bloud pursu● after it ? hast thou not heard of the valiant angles , of barbarous neustria , of yonder terrible picts thy perfidious enemies ? these shall overflow thy land , and possess the cities thereof , till the old age of empires , and government shall flow upon the world . illis autem temporibus revolutis , cauda virginis leonem intrabit , & sagittarii dorsum scorpius ascendet . borcalia regna à messoribus obterentur , australes principatus in statum pulvereum d●●ine●t , & insulanarum monarchiarum potestates sine fraeno aut milite ephippiabuntur ; bella atrocia ventis dissipabúntur , & pessum ibunt judiciali grandine , quae per baculum ortum habuerunt , per spuri●s juventutem . sol ipse tympanizabit miniato clamyde indutus , & luna cineritiis cothur●is ad nundinas tolutabit . rides , o rex ? at quibus haec supervenient , luctu & maerore contabescent . haec omnia vix plenè peragentur , qu●m princeps regali origine coronatus ex borealibus plagis proveniet , suis inexpectatus , alienigenis desideratus ; qui ●ò quòd l●one feroci●nte in●ignietur , leo nuncupabitur , non conquiescet , donec synodo per eum convocat● minisque dissolutâ , victricia arma in hostes transferat , & lamentabili successu vicinorum principum ditiones pessundet . alexandrum magnum virtute , cyrum felicitate superabit : freta transnavigabit ; à multis regibus imperator sal●tabitur ; & urbem quandam vetustam solo aequabit . intereà ex oriente princeps bellipotens illum praelio lacesse● , contrà quem leo cum omnibus copiis procedet , & ●is euphratem positis castris illum expectabit . si princeps flumen transibit , leo superabitur ; at ipse exercitu fluvium transducto hostem cruento conflictu superabit , & universum orientem in potestatem rediget . dum haec agentur , complures reguli ex india in suriam cum ingentibus irrumpent excercitibus , & circà vallem iehosaphat praeliabundi leonem opperibunt , ubi ab ipso ad internecionem omnes delebuntur . nec multò post , leo ipse fatis concedet , postquàm regnum transfugarum mirand● pietate in perpetuum fundavit . those times being past , the tail of the virgin shall enter the lion , and scorpio shall ascend the back of sagittary : the northern kingdoms shall be wasted by reapers , the southern principalities shall end in dust , and the powers of the iland-monarchies without either bridle or souldier shall be harnessed . cruell warres shall be scattered by the windes , and quell'd by a revengefull hail , whose beginning were by a staff , their growth and continuance by bastards . the sun it self shall play on the timbrell clad with a vermilion coat , and the moon with dunne buskins shall amble to the fair . laugh'st thou , o king ? but those on whom these things shall come , for grief and sorrow shall pine away . all these things shall scarce be accomplisht , when a prince of royall stock shall come forth crowned from the northern parts , as to his own people unexpected , but desired by forreigners , who because he shall bear a rampant lion , shall therefore be called a lion. he shall not rest , till having called a synod and after dissolved it by threats , he shall advance his conquering arms against his enemies , and by wofull successe shall harrase the territories of neighbour princes . he shall exceed alexander the great in vertue , and cyrus in successe . he shall passe the seas and be saluted emperour by many kings : a certain antient city shall he lay even with the ground . in the mean while a powerfull prince out of the east shall provoke him to battel , against whom the lion shall march with all his forces , and pitching his camp on this side euphrates , shall expect him . if the prince shall come over the river , the lion shall be overcome : but he shall passe his army over the river , and give his enemy a bloudy defeat , and be master of all the east . while these things are in action , divers petty kings from india shall break into syria with mighty armies , and provided for battel shall wait for the lion about the valley of iehoshaphat , where they shall by him be all wholly cut off . not long after shall the lion himself decease , after that with eminent piety he shall have established the kingdome of fugitives . this is all that is extant of this former merlin , whose glorious works and inestimable prophecies are utterly lost to the great detriment of learning . 2 not much unlike this , is that of greb●er , ban. 73. europae labes & imbecillitas singulorum ejusdem regnorum sedem mirabilitèr struet qvintae monarchiae , quae sub tempus exitii imperii romani ad terrorem totius mundi ex ruinis germaniae refulgebit . haec triennii spatio caetera europae regna aut vi perdomitabit , aut belli metu ad soci●tatem perpellet : quò universalem ligam & unionem omnium protestantium e●●ici●t sub specie bellum poloniae inferendi , re autem verâ imperium austriacum italiamque invadendi . nec eum spes fefellerit . nam circà hoc tempus secta quaedam manachorum adeò abominabilis , obscaena , & seditiosa in papat●s si●● orictur ; ut compellet tam protetestantes quàm italiae principes extremum romae exitium moliri . the corruption of europe , and the weaknesse of her several kingdoms shall strangely make way for the fifth monarchy , which about the time of the fall of the roman empire to the terrour of the whole world shall appear out of the ruines of germany . she within three years shall either subdue by force the rest of the kingdoms of asia , or for fear of war shall bring them to a league , whereby she shall conclude an universal confederacy , under colour of making warre against polonia , but in deed to invade the austrian empire and italy . neither shall her hope fail her : for about this time a certain sect of monks shall arise in the bosome of the papacy , so abominable , obscene and seditious ; that it shall urge both the protestants and princes of italy to endeavour the utter subversion of rome . thus having shewed the seat and certainty of this v. monarchie ; i come to declare what people or kingdom in europe shall obtain and rule it , and whose it shall soly be . of the european christians two several kingdoms long since , and of late have mainly striven for the fifth monarchy . first , the kingdom of spain hath alwayes for a matter of 170 years ago by incorporating it self with the house of austria , and the most potent families of germany and italy by strange marriages and odde medlies laboured extremely to bring all europe under her wings , that so she might become the glorious sun of the west . on the other side , the swede of late by keeping an high hand over the king of poland , and fixing his glorious trophies of conquest in all corners of germany ; hath brought the emperour to so low an ebb , and hath of late become so terrible to the pope and spaniard : and lastly can in an instant enleague himself with all protestant kingdoms and states , either for fear or favour upon any necessary occasion , that many account him the man that both goeth the directest way , and whom heaven hath ordained to sway the imperial scepter within the limits of the church . but neither of these are they who are ordained to the empire of the fifth monarchy . not the spaniard , because he is for his inhumane cruelty so generally hated of christians , all men avoiding him and flying from him , as the serpent from the ash : his indian plantations both thrive nor , and likewise for their barbarousnesse are so detested of the savages worse than vipers , and upon opportunities are accordingly massacred . yea , those places● of italy which are under his protection , as florence , genoa , millain and other cities afford him as much affection , as the spider doth the serpent . thus is he the universal odium of all the world , thrives in no place , and like oyl over-swiming all other liquids , and can hardly incorporate with any ; so seldom is he conjoyned but in natural antipathy with all nations . adde hereunto the austerity and unpleasantnesse of his government , chusing rather to domineer over subdued countries by rapine and cruelty , than to govern them by love and piety . and lastly , his governours in every province aim at their own ends , pilling and squeezing the subjects , so that his name and government is every where abominated , no province continuing loyal any longer then they can get arms and stoutly rebel . the injustice of which hath caused portugal to be rent from him , which while the world standeth shall never be his again . and moreover the oracle tels him , that naples , navar , his reconciled provinces in belgia , with his indian plantations ( the best jewels he hath ) shall be pluckt within 30 years to come from his ambitious crown , never to be recovered again . secondly , the swede cannot be paramount in this monarchy , because of the various sects and schisms he is pestered with , so inveterate and so predominant , that no reformation can purge him of them . the male line of that royal pedegree is extinct , and only a weak young princess surviving ; the whole kingdom shared and governed by factious nobles and covetous generals , and while every one sucks from the veins of the body politique to cram his own , it will be soon evacuated , both of life and nourishment . besides , it hath been since prophesied to sweden , that he shall not be so much as a tributary kingdom to this great soveraignty , but shall be the first , that shall be made a slave to that famous northern lion , who shall wear the crown of that transcendent monarchy . as for france , denmark , england , and the free cantons of germany , they make account for the present they d● valiantly if they can well husband what is got already . and for england in particular , if it chance that she make war upon any neighbour enemy , and enlarge their dominions by conquest , it is more to secure her self , and prevent the invasion of the great eagle , and her chief feathers , then any gre●dinesse of extending her bounders by the conquest and ruine of others . if she keep her ancient soil and possessions in those times , it is as much as heaven hath ordained her , and more she shall not have . who then must be lord of this monarchy ? or what people shall be parts and members thereof ? even a nation which at this day is hid invisibly within the bowels of europe , which seeing are not seen , and living are not known : which shall by a miraculous resurrection ( like the jews from india and tartaria ) be raised to destroy all idolatry and abomination out of every corner of the north , with the weapons of an holy warfare tending to the glory of god , and the honour of their king. his sword shall be religion , and his ensigns righteousnesse and piety . all the godly in every kingdom and state in europe , the converted jews conjoyned and united with them in spirit and habitation , shall ( as i said before ) root out all names of iniquity , and be this monarchy , which shall only consist of , and subsist by holinesse , and an unquenchable desire of propagating the glory and gospel of god : according to that of daniel , chap. 7. ver . 27. and the kingdom , and dominion , and the greatnesse of the kingdom under the whole heaven shall be given to the people of the saints of the most high , whose kingdom is an everlasting kingdom , and all dominions shall serve and obey him . the first preparation to the birth of which , was that ominous and fatal starre which appeared in the head of cassiopea , an. 1572 , the effects of which shall begin to operate upon europe , and the eastern coasts of america , an. 1699 , in bringing a mystery to light which all the sons of adam are not able to effect . of this fat●l and ominous starre ( or comet , chuse you whether ) i finde several tractates written . one nuntius propheticus in print : magell de quintà monarchiâ , & openheims ephemeris caelica , both manuscripts , both excellently discoursing of the effects thereof : how that , quo tempore accidet septima & ultima-maxima superiorum planetarum conjunctio , princeps erit monarchia prima , quae caput ex ruinis quarti imperii erexerit . currus lunae zodiacum perturbabit , cauda draconis coget pl●iades in fletum prorumpere , dorsum delphini ascendet , & flores virgineos obfuscabit : continuae turbae , seditiones , bella civilia , strages , panolethriae luctuosissimae omnia illa regna & illustres familias persequentur , ex quibus ista monarchia orta est , aut ei ullo modo obviabunt . burgundiae domus fi●em accipiet , sile●iae libertas gallico neroni prostituetur . belgarum ordines potentiae & aristocratiae suae finem videbunt , &c. openheim fol. 86. but magel is most plain above all three , fol. 67. col . 8. fateor majorum luminarium deliquia sine insigni hominum pernicie pecorumque strage nunquam extitisse : regnorum mutationes etiam , populorum clades , regum fun●ra , bella & incendia in ipsorum deliquiorum articulis , aut paulò post evidentèr apparuisse . fateor etiam superiorum erronum coitum malorum ut plurimùm iliade comitari : atque hanc stellam ( quae hoc an. 1572 in vertice cassiopeae illuxit ) suprà omnem elementarem regionem collocatam novi imperij revolutionem dominiumque significasse . quae tamen effecta haec aetas nostra minimè perspiciet : reservanda nihilominùs in gentem quandam etiamnum invi●ibilem , cujus magnitudinis radij in universum caeli terraeque ambitum extende●tur . at what time the 7 th , the last and greatest conjunction of the chief planets shall happen , the first monarchy shall reign , which shall lift up her head out of the ruines of the iv empire . the chariot of the moon shall disturb the zodiack . the tail of the dragon shall force the pleiades to break out into weeping , shall ascend the back of the dolphin , and shall darken the lustre of the virgin : daily troubles , seditions , civil wars , slaughters , and most lamentable universal destructions shall vex all those kingdoms and eminent families , from whence that monarchy sprang , or which shall any way crosse it . the house of burgundie shall be at an end : the liberty of silesia shall be prostituted to a french nero. the estates of belgia shall see an end of their power and aristocracy . i confesse eclipses of the great luminaries never hapned without the notable destruction of men and slaughter of cattel : the changes also of kingdoms , the deaths of people , funerals of kings , wars and fires have broke forth either in the very time of their eclipses , or within a little after . i confesse also the conjunction of the higher wandring starres is for the most part attended with an iliad of mischiefs : and that this star ( which this year 1572 appeared on the top of ca●●iopaea ) being placed above the whole elementary region , did signifie the revolution and dominion of a new empire . which effects shall not yet be seen by this our age ; yet are they reserved for a certain nation , as yet invisible , the beams of whose greatness shall be extended through the whole verge of heaven and earth . in that same year shall the kingdom● of salvation be preached by the ministry of the saints the most high , to those immense and unknown american coasts , to whom as yet the name of christ was never yet revealed . and that people● who from the creation till that time were the empire of satan , shall be called the specious and spacious church of god. the gates of which shall be open continually , neither day nor night shall they be shut , that men may bring unto them the riches of the gentiles , and the treasures of the kings of the earth . all nations and kingdoms , that will not serve her , shall perish and be destroyed for ever . within whose land shall be heard no violence nor destruction , nor desolation within her borders , but salvation shall be her wals , and praise her gates . her government shall be peace , and her exaactors righteousnesse . h●r sun shall never go down , nor her moon ever be hid , for the lord shall be her everlasting light , and the dayes of her sorrow shall be ended . the people within her shall be all righteous ; for ever shall they possesse their proper inheritances , for god shall make them an everlasting glory , and a ioy from generation to generation . therefore ought no man to be sorrowfull for the calamities of europe , or the afflictions of the times ; nor grieved with the mutations and downfals of kingdoms and empires , neither should he be afraid because wars and miseries rage in all coasts of the world . for this is the eternal law of creatures ( which the creator imposed upon them at first ) that the birth of one thing should be the death of another , and that the order of nature should be preserved by the vicissitudinary course of alternate mutability . and why should we be offended at warres amongst men , when there are daily and continual conflicts between the elements themselves ? cities , republiques , empires and families are mortal as men , have their states of birth , infamy , growth and old-age as well as they . glory , majesty , arts and soveraignty began in asia by the assyrians ; from them departed to the medes and persians ; and from them ( before they had well tasted the sweetnesse of them ) translated to the grecians , and next to the romans : the glory of the roman empire was eclipsed and humbled by the barbarous inundations of goths , huns , vandals , and other savage nations , who being themselves once civilized and mollified by the effeminacies of italy and the west , were in 560 years space overthrown by the potency of charlemain and the germans . germany hath now fully possessed the imperial dignity 790 years ; and before fifty years moe be past , shall be made a scorned servitor of the king of the north , whose power and religion shall transcend the utmost confines of east and west . in the beginning of which empire , venice shall not brag of being inaccessible by the circumfluent ocean , and london , paris , antwerp and prague , the iv ladies of europe shall be humbled to sit in the dust of eternal destruction . the consideration of this must teach men humility in prosperity , carefulnesse to know god and keep his commandments , seeing every plant which he hath not planted shall be plucked up , and nothing can be permanent but by his favour and protection . xv. thou therefore the eternall and incomprehensible father of lights , the indivisible god of peace and unity , look down at length upon the afflicted estate of thy gospel and mournfull face of thy church , clouded with sects and schisms , rent by civill combustions , dying by the wounds which her sons have given , and wallowing in that gore which was shed by the hands of her own children . though our sins have deserved that we should for ever be cast out of the sight of thy countenance , yet respect thou the bloud of thy sonne , crying better things then that of abel , and be once at one again with thy inheritance● abraham knows us not , israel is ignorant of us , but thou art our father , and in thee shall be all our a●fiance , with whom even the worst of men have found mercy . extend the light of thy loving-kindenes to the tribes of iacob , and return to the many thousands of israel , for the time to build up zion is come , and the daies of restoring jerusalem cannot be prolonged . for why ? thy servants think upon her stones , and favour the very dust thereof . but remember edom , o lord , as thou remembredst babel , which have cryed so oft , down with it , down with it to the very earth . pour thy-vengeance down upon the beast of rome , and the red dragon of constantinople , who never knew thy name , that so the sorrowfull sighings of the prisoners may come before thee● and thy servants be preserved that are appointed to die . let thy work be upon the man of thy right hand , and upon the son of man whom thou hast made so strong for thy self , that pharaoh , elam , mesheck , with the sonnes of tubal may fall in the midst of them that are slain by the sword , and may descend into the midst of hell with all that help them , even the whole multitude of the uncircumcised , whose lot is to goe into the nether parts of the earth . there shall they have their beds with the uncircumcised near those valiants , which are gone down to the grave , with their weapons of war , and have laid their swords under their heads , because they were the fear of the mighty in the land of the living . but what shall be said to the captain of the nations , or to the angell destroying edom and babylon ? even this , that the lord hath founded zion , and the poor of his people shall trust in it . he will leave an afflicted people , and they shall trust in the name of the lord : he shall give them a pure law , that they may pray to him with one consent . he shall open the doors of darknesse , the gates of obscurity shall he break down , that the world may be filled with the knowledge of the lord as the waters cover the sea. o thou sower of discord , and captain of iniquity , how long wilt thou delight to murther , spoil and pursue the distressed ? knowest thou not that it will be bitternesse in the end ? command the people to return every man from pursuing his brother : for lo , a nation is risen against you , a mighty nation and terrible from the east , whose horses ace fire and his chariots flames of fire to devour : his men are as swift as the eagle , who will have no compassion on the fruit of the womb , nor shall their eye pity : they shall encompasse ●hy tents with an intent to lay all waste before them , but neverthelesse be con●ident and bold in the lord of hosts : for fire shall come down from heaven and return their wickednesse upon their heads , and their doings upon their own pates . o thou worship of israel ! how wonderfull art thou in thy doings toward the children of men● bringing light out of darknesse , strength out of weaknesse , and making justice the mean to the manifestation of thy goodnesse and glory ! as for me , i will expect him who is as well the king of salem , peace , as melchised●ck , the king of justice , all my daies : and will heartily pray for his coming , who shall bring every work into judgement , and every thing to a legall triall , whether it be good or evill . he is the lamb upon the white throne , before whose face heaven and earth shall fly away , and the sea be no more found : death and hell shall give up the dead that are in them , and every name that is not written in the book of life , shall be cast into the lake of fire . for which time all the creation groaneth , crying out to be delivered from the bondage of corruption , and restored to the glorious liberty of the sons of god. even so , come lord jesus , come quickly , that sin may be destroyed for ever , and righteousnesse eternally established in stead thereof , amen . finis . for●itan hunc aliquis verbosum dicere librum non dubitet : forsan multò praestantior alter pauca reperta pu●et , quùm plura invenerit ipse : des●s & impatiens nimis haec obscura probabit : pro capt●● lectoris habent sua fata libelli . sed me juditij non p●enitet : haec benè vobis commis● , quibus est amor & sapientia juxtà , et labor in studijs ijsdem celebratus inhaeret : vos sequar : in vestro satis est examine cautum . notes, typically marginal, from the original text notes for div a56200-e80 * exact collection p. 663.666 . a collection of orders & ordinances , p. 354. exact collection , p. 4. to 14.97.98.508 . * exact collection , p. 10.199 492 , 493. † m. baylies canterburians self-conviction . the scots impeachment against ●ar●hbishop lawd . * exact collection , p. 10.11.12.492 . † exact . c●●l●ction , p. 10 . 11.12●●3 97.492.508.894.595 a coll●●●ion , p. 308.309.354.417.419.457.458 . * exact collection , p. 11.12.13.199.492.493.508 . † exact collection , p. 17.18.98.229.493 . * exact collection p. 594. 〈◊〉 605. a coll●ction , p. 309. to 313 327 . 358.359.3●0.399 404 . 41●.420 . to 428.458.453 . † exact collection . p. 97 , 98 218.564 . * exact col. p. 56.57.58.666 564 to 605. a collection , p. 308. ●o 312.354.355.363.371.372.428.441.467.677 . &c. 66● . 711.767.798 . to 810.933 . † a collection , p. 428. * a 〈◊〉 , p. 721. † a collectio● , p. 309.310 311 . 312.327.358.359.39●.399.404.416.42●● to● 428.458.459.694.751.768.769.798.802.806 . &c. 878.879.889 . * a collection of ordinances , p. 426. † the history of indep●nd●ncy . † a collect●on , of ordinances , p. 424.425.426 . † 2 chro. 11.4 . c. 28.6 , 7.8 , 9 , 10.11 . 2 sam. 26 , 27. acts 7.26 . gal 5.14 , 15. obad. 10. &c. 1 cor. 6.1.6 7 , 8. 1 john 3.12 . * john 13.34 , 35. c. 15.12 . rom. 12.9 , 10. c. 13.8 , 9 , 10. gal. 5.13 , 14. ephes. 1.15 . col. 2.2 . 1 thes. 3.12 . c. .4.9 . heb. 13.1 . james 2.8 . 1 pet. 1.12 . c. 2.17 . c. 3.8 . 1 john 3.11.14 16 , 17 , 18.23 . c. 4.7.11.12.16.20.21 . c. 5.2 . 2 john 5. † gildas . de excidio britanniae . fox acts & monuments . vol. 1. † gen. 4.10 , 11. jer. 51.35 . ezek. 35 , 5.6 , 7 , 8 , 9. notes for div a56200-e2960 the occasion of writing this trea●is● . th● subject ●●tt●r of ●●is ensuing discourse . the confutation of the wicked opinions of the millenaries of the personall reign of christ upon earth after an. 1700. a d●clara●ion o● the e●fects of the blaving comet , anno 16●8 . grebners prophecie of our la●e king , and his son now king. ☜ ☜ a true explication of th● number in rev. 20.8 . the estate of england with other pr●vinces of europe from anno 1650. to an. 1698. certain remarkable numbers in scripture , whereby ●he epoch'● of the ruine of tu●k , po●e , and the conversion of the iews are more ●ully strengthned . a pr●gnostick of the estates of c●●tain years of an. 1657 of the eclipse in an. 1654. baudensis prognostication of anno 165● , 1658 , 1661 , 1663. a description of the 7 ●iery triplicities . the exposition of nebuchadnezzar● image , in dan. 2. the exposition of the 12 last chapters of ezeckiel . the exposition of the end of d●ni●ls 11 chap. ● the exposition of rev. 9.15 . the cōmon objection of divines against the v. monarchy and the universall kingdom of the gospel here upon earth , drawn from the badnesse of the times , answered . certain epigrams of petrus damiani of ●he ruine of tu●k and pope , &c. never yet before printed . prophesies of hieronymus savanatola . a prophecy lately found in france , of the future ●st●te of the world till an. 1710. the true explanation of the prophecy o● the cōtinu●nce of ●he turkish empire , found in m. fox's act● and mon●ment● , pag● 746. a prophecy of the year 1●98 , found in the study of iust●● lypsi●● ● a true exposition of a esdr. 11. c●● . evidences out of scripture that the ten tribes shall be brought out of tartaria & india , and converted to the gospel , as well as our western iews . a large discourse of a probable co●jecture that the ten tribes of israel were placed by salmanasser in arme●ia and media , & that from thence they passed into tartaria , and so into india . other excellent proofs of the future conversion and monarchy of the iews , 1 from abraham ● 2 from isaac . 3 from iacob . 4 from the new testament , act. 1. 5 from moses song , deut. 32. 6 from the history and life of ioseph what uses protestants ought to make of this blessing of the conversion of the iews● description of the four monarchies . reasons of the v. monarchy . prophecies of the lion of the north. 1 of the true merlin in k. lucius daies , an. ch. 130. 2 of greb●er● who shall be king of this v mona●chy . not the spaniard . nor the swede . object . answ. of the effects of that fatal star , which appeared in the head of cassiopea , an. ●●72 . the description of the flourishing monarchy of the gospel in america and india about anno 1710 , and a. 1763. a praye● to god to u●ite his church , end the afflictions of it , and to hasten the conversion of the iews , with the monarchy of the gospel . practicall law, controlling and countermanding the common law, and the sword of vvarre the sword of iustice against all the late declarations and publications of the army, that they fight for the peoples liberties and lawes. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a25647 of text r15564 in the english short title catalog (wing a3478). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 14 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a25647 wing a3478 estc r15564 12255788 ocm 12255788 57445 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a25647) transcribed from: (early english books online ; image set 57445) images scanned from microfilm: (early english books, 1641-1700 ; 162:18) practicall law, controlling and countermanding the common law, and the sword of vvarre the sword of iustice against all the late declarations and publications of the army, that they fight for the peoples liberties and lawes. prynne, william, 1600-1669. anthony, edward, 17th cent. [2], 6 p. [s.n.], printed at exeter : 1648. attributed to w. prynne. also erroneously atributed to edward anthony. cf. wing; nuc pre-1956. reproduction of original in harvard university libraries. eng england and wales. -army. great britain -history -civil war, 1642-1649. a25647 r15564 (wing a3478). civilwar no practicall lavv, controlling and countermanding the common law: and the sword of vvarre the sword of iustice. against all the late declarati [no entry] 1648 2133 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2002-03 tcp assigned for keying and markup 2002-05 aptara keyed and coded from proquest page images 2002-06 olivia bottum sampled and proofread 2002-06 olivia bottum text and markup reviewed and edited 2002-07 pfs batch review (qc) and xml conversion practicall law , controlling and countermanding the common law : and the sword of vvarre the sword of iustice . against all the late declarations and publications of the army , that they fight for the peoples liberties and lawes . printed at exeter 1648. the preface . the strange and unparallel'd insolency of the generall and councell of warre , in presuming to grant injunctions to stay suits and proceedings at common law , against malignant cavaliers , who have plundered them of all their estates , under pretext of exeter articles , &c. which they presume extend to all malignant constables , and others who have plundered and imprisoned the parliaments best friends by their commands , though not within the minds nor intent of the articles , and to enjoyne them to come before the councell of warre , 200. or 300. miles to shew cause why they should not surcease their actions against these plunderers , and release their just judgement against them , and presuming to evince the judges , attourneyes , and others , not to proceed in such trialls : a more higher and tyrannicall power then ever the councell-table exhausted , so that all the kingdome must now be ruled , and the common-law of the land it selfe over-ruled and staid by the marshall law , to the undoing of the parliaments best friends , and rejoycing of malignants , who enjoy their plunder and estates without recompence . practical law controlling and countermanding the common-law , and the sword of warre the sword of justice . whereas sir richard vyvyan of tresewarren in the county of cornwall knight and baronet , hath petitioned his excellency sir thomas fairfax , that edward anthony of the city of exeter goldsmith , hath sued and impleaded him the said sir richard vyvyan , contrary to the articles of the said city of exeter , within which the said sir richard vyvyan is comprized : the generall to the end he might be satisfied of the truth of the particulars of the said petition , referred the same to the examination of the officers of his army , who at a publike meeting , and upon a full examination , found every particular in the said commission to bee very clearly and punctually proved to be true , that sir richard vyvyan was master of his majesties mint in the city of exeter by commission of his majesty , that he is comprized within the said articles of exon , and by which he is to be indempnified for matters relating to the late differences between his majesty and the parliament , and that the said edward anthony hath sued and impleaded him the said sir richard vyvyan for a plate sent unto the said mint for his majesties use by sir iohn berkly knight , then governour of the said city of exeter , and hath recovered by verdict against him the said sir richard vyvyan , two hundred ninety one pound three shillings damages , besides costs . now forasmuch as they the said officers have thereupon certified the generall the premisses to be true , and that the said action and verdict and all proceedings thereon are against the articles of exeter , and therefore are of opinion , and desire the general to command the b iudge advocate to take care that the said edward anthony do forthwith reveale , or otherwaies c discharge him the said sir richard vyvyan of and from the said action , verdict and all proceedings thereon , or in default thereof to appear at the head quarters to shew a good cause to the contrary , and that all further proceeding be staid in the meane while by the said edward anthony and his attourneys ; these are therefore to desire and require the same edward anthony immediately upon sight hereof to release and discharge the same sir richard vyvyan of and from the said action and verdict of 291. l. 3. s. damages and costs of suit , and all proceedings thereon , or otherwise appeare at the head-quarters on munday the 6. day of march next coming , by nine of the clock in the forenoon , to shew good cause to the contrary , and all attourneyes and solicitours are to take notice hereof , that there be no further proceedings in the said suit in the meane while , or to shew cause to the contrarie : whereof they and every of them are not to faile . dated at d white-hall this 19. of febr. 1647. hen. whaley , advocate . who will ever adhere to , or act , or suffer for the parliament hereafter , or contribute towards the army , if they must be thus requited for all their losses , and made the verie scorne and derision both of their enemies and friends ? o heavens blush at this impious ingratitude . to his excellency sir thomas fairfax knight , generall of the parliaments forces by * sea and land . the most humble petition of john collacot the elder , of the parish of shebber within the county of devon . humbly sheweth , that your petitioner being constable during some part of the times of these unhappy differences betwixt his majesty and the parliament , was in the time of his being constable particularly commanded by the warrants annexed , to be assisting unto captaine yeo : in the apprehending of iohn perryn senior . that he was commanded by the said yeo : and compelled by thomas hewes provost marshall and his troopers , to attend the said captaine yeo : in the execution of the said warrants , which he durst not refuse , the kings party being then prevalent in the countrey . that for this cause only the said perryn hath commenced a suit at law against your petitioner , which will come to triall this assizes to the petitioners utter ruine , the articles of exeter ( in which your petitioner is comprehended ) being not pleadable at law , unlesse your excellencies accustomed goodnesse be extended for his reliefe herein , which is according to your excellencies engagement upon the rendering the said garrison . that the said captaine yroman is comprized within the articles of exon , as appeareth by your excellencies certificate annexed , and hath made his composition at goldsmiths-hall , for his said delinquency , within the eour moneths mentioned in the said articles , as appeareth by certificate readie to bee produced . the petitioner therefore beseecheth your excellency , that he may have the benefit of the said articles of exon , he acting by and under the command of the said captaine yeo : who hath compounded : and that your honour would be pleased to a give command for the stay of all proceedings at law against the petitioner . and your petitioners shall ever pray , &c. queen-street , march 8. 1647. if this petition be true , i desire the iudge to take care that the articles of exon be made good to the petitioner , and that the parties complained of de forbear further proceedings at law , or b shew cause to the court marshall to the contrary . t. fairfax whereas iohn collacot the elder of the parish of shebber in the county of devon being a constable in some part of the times of these unhappy differences , was in that time particularly commanded by capt. yeo , a commander in the kings army , to be assisting unto him in the execution of a warrant from col. sir iohn berkley governour of exon for the apprehending iohn perryn the elder and others , which accordingly hee did . that the said captaine yeo : was a person comprized within the articles of exon , and hath made his composition at goldsmiths-hall : that the said collacot is sued at law by the said perryn for apprehending him as aforesaid , which is a contrary to the twelfth article of exon , the said collacot having done nothing but by the procurement of the said capt. yeo : all which particulars being proved before me to be true : these ari therefore to require the said perryn within one and twenty dayes next after sight hereof , personally to appear before the court marshall of his ecellency sir thomas fairfax , b wheresoever the same is or shall bee held to shew cause why the said collocot should not have the benefit of the said articles , or else discharge or release the said collacot of his said action , and in the meane time , there be no further proceedings at law , and all attourneys , solicitours , and others whom it doth concern , are required to take notice hereof , the honour of his excellency sir thomas fairfax and army being so c much concerned , for making good the said articles . dated at white-hall this 13. of march , 1647. copia vera. henry whalley advocate . captaine yeo : is authorized to make diligent search and apprehend iohn perryn the elder , iohn and richard perryn his sonnes , mathusala bligh , philip kingford , robert martin and iames slowman of the parish of holsworthy , iohn coales and iames hobs of milton damrell , iohn hearding of shebber , thomas wellington of great torrington and iohn markeham of littleham , and to bring them into safe custody , or cause them to be brought to the provost marshall of the city of exon , there to remain in safe custody untill they and every of them shall answer all such matters as shall be objected against them and every of them , and thomas hewes the marshall of the north division of the said county of devon , and the constables of shebber with all other his majesties officers and loving subjects within the said county , are straightly charged and commanded to be aiding and assisting unto the said captain yeo : in the due execution hereof , wherein they and every of them are not to faile , as they will answer the contrary at their utmost perills . given under my hand and seale at betford-house in exon the 6. of march , 1643. vera copia r. h. iohn berkley . finis . notes, typically marginal, from the original text notes for div a25647e-110 a plundered from him to his undoing , being a gold-smith . b by what law or commission can any such order be granted by the generall or advocate . c o happy malignants that can find such patronage ! o unhappy parliament friends and sufferers who must bee thus enforced even after iudgment and verdict to lose both their costs & damages justly recovered against cavaliers & plunderers , and thus tossed up and downe to their utter undoing against the expresse letter of the covenant , & many declarations of both houses to repair losses , & right them out of malignants estates ! d where there is now a new councell table erected ( it seems ) far more extravagant then ever the king had any . notes for div a25647e-690 * nota. a by what commission pray , without the houses orders , and contrary to their protestations , to protect malignants against their plunderers & undoers . notes for div a25647e-1130 b by what orrinance , law , or commission , they being no souldiers , but persons imprisoned and plundered of their estates , for their zeal and good affections to the parliament . notes for div a25647e-1220 a if so , then all malignant constables , officers , and others , that murdered , ravished , robbed , imprisoned , plundered or executed any of the parliaments best friends , by command of any person or officer of the kings within the articles of exon , oxen , &c. shall be totally exempted from all actions and prosecutions , though not within these garrisons , when seized or surrendered , and is so , all who have borne arms against the parliament shall be freed from sequestrations and suits upon such a generall extravagant construction . b then they must follow him and it from one end of the kingdome to the other , and was there ever such a grievance or vexation heard of before ? or tyrannicall arbitrary usurpation . c the lawes of the kingdome , and rights and liberties of the greatest friends to , and sufferers for the parliament , ought to eversway the generall and armies honour , and their patronage of malingants . the falsities and forgeries of the anonymous author of a late pamphlet, (supposed to be printed at oxford but in truth at london) 1644. intituled the fallacies of mr. william prynne, discovered and confuted, in a short view of his books intituled; the soveraignty of parliaments, the opening of the great seale. &c. wherein the calumnies, and forgeries of this unknowne author in charging mr. prynne with false quotations, calumniating falshoods, wresting of the scriptures, points of popery, grosse absurdityes, meere contradictions hainous treasons & plain betraying of the cause, (not one of which is in the least degree made good by the calumniator) are succinctly answered, refuted. / by william prynne of lincolnes inne, esquire. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91182 of text r210071 in the english short title catalog (thomason e253_9). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 18 kb of xml-encoded text transcribed from 6 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91182 wing p3953 thomason e253_9 estc r210071 99868902 99868902 159151 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91182) transcribed from: (early english books online ; image set 159151) images scanned from microfilm: (thomason tracts ; 43:e253[9]) the falsities and forgeries of the anonymous author of a late pamphlet, (supposed to be printed at oxford but in truth at london) 1644. intituled the fallacies of mr. william prynne, discovered and confuted, in a short view of his books intituled; the soveraignty of parliaments, the opening of the great seale. &c. wherein the calumnies, and forgeries of this unknowne author in charging mr. prynne with false quotations, calumniating falshoods, wresting of the scriptures, points of popery, grosse absurdityes, meere contradictions hainous treasons & plain betraying of the cause, (not one of which is in the least degree made good by the calumniator) are succinctly answered, refuted. / by william prynne of lincolnes inne, esquire. prynne, william, 1600-1669. [2], 5, [1] p. for michael sparke, senior., printed at london, : 1644. annotation on thomason copy: "aprill 10th". reproduction of the original in the british library. eng fallacies of mr. william prynne, discovered and confuted. great britain -politics and government -1642-1649 -early works to 1800. a91182 r210071 (thomason e253_9). civilwar no the falsities and forgeries of the anonymous author of a late pamphlet, (supposed to be printed at oxford but in truth at london) 1644. inti prynne, william 1644 2908 2 0 0 0 0 0 7 b the rate of 7 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2007-06 tcp assigned for keying and markup 2007-06 aptara keyed and coded from proquest page images 2007-11 emma (leeson) huber sampled and proofread 2007-11 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the falsities and forgeries of the anonymous author of a late pamphlet , ( supposed to be printed at oxford but in truth at london ) 1644. intituled the fallacies of mr. william prynne , discovered and confuted , in a short view of his books intituled ; the soveraignty of parliaments , the opening of the great seale . &c. wherein the calumnies , and forgeries of this unknowne author in charging mr. prynne with false quotations , calumniating falshoods , wresting of the scriptures , points of popery , grosse absurdityes , meere contradictions hainous treasons & plain betraying of the cause , ( not one of which is in the least degree made good by the calumniator ) are succinctly answered , refuted . by william prynne of lincolnes inne , esquire . proverbs , 12. 19. the lip of truth shall be established for ever , but a lying tongue is but for a moment . printed at london , for michael sparke , senior . 1644. the falsityes and forgeries of an anonymus author . it is an easy matter for any person of a brazen face , and seared conscience to be a slanderer , and by a fallacious misreciteing , perverting , dismembring , other mens works , to become a seeming refuter of them . the fairest natural or artificiall bodies , may soon be metamorphozed into the most misshapen monsters , if torne into confused fragments , and then patched up together into a disorderly chaos , where all the parts and members shall be dislocated , disunited , confounded and put into hotch-potch . this cobling kinde of artifice hath that botcher used , who composed the pamphlet intituled , the fallacies of mr. william prynne discovered and refuted : who instead of discovering and refuting any fallacies , or falsities of mr. prynnes , in an orderly or scolasticall manner , hath taken much unnecessary paines , to cull out here and there a word or line , out of his wrightings on severall subjects , and then patched them up together into inferences and arguments of his owne forging ; fighting onely with his owne shaddow , and mangling , misreporting , perverting all the passages he recites , ( as the reader may at first view discerne ) instead of answering , or refuting any thing which he hath written . wherefore i shall desire the ingenious reader , only seriously to peruse the severall quotations this cobler hath botched together , in my bookes themselves , as they are there urged , applyed , connected with the precedent and subsequent discourses to which they have relation , and then the fallacies , falsities , and calumnies of this anonymous patcher , ( who is so penurious of matter , substance , that he produceth not one text or author of his owne ) will be so apparently discovered , as they will need no further refutation . this is not mine owne solitary opinion , but the judgement of other intelligent men , who have read this pamphlet , to which i was minded to give no answer , as unworthy anything but contempt . yet being desired by some friends to reply some-what to it , least this champion should deeme his patched fardle irrefragable , and overmuch abuse the reader and my selfe with his slanderous falshoods , i shall returne no other answer to his charge of calumniating falshoods , wresting of the scriptures , points of popery , grosse absurdities , meere contradictions , hainous treasons , and plaine betraying of the cause , but onely this , that the pamphletter is most grosly mistaken , and hath most falsly aspersed me in all these particulers , as the mangled pages of my books , which he recites by fragments , will manifest to all who shall doe me so much justice as to appeale unto , and seriously peruse them , without diminution or prejudice . there are onely two or three more considerable calumnies he would fix upon me , that need some answer , and in answering them alone , you may clearely discover , both the palpable falsities , forgeries , fallacies of this slanderer , who is ashamed to set his name to his shamefull worke . the first and principall charge against me is , false quotations , witnesse the title page ; wherein is laid open his false quotations , &c. & p. 2. to 9. he doth deliver in an heavy imputation in the plurall nūber ; of false quotations . yet when he brings in his catalogue of them , among those thousand quotatiōs i have produced in my wrightings , he can charge me but with one , no more p. 3. i will not ( saith he ) undertake to examine his false quotations , being deterred by their magnitude and multitude . i will produce but one quotation . a strange kind of calumny , to charge me in the title and book with a magnitude and multitude of false quotations , and yet to be able to instance but in one alone . but this one is , at leonem ●a rare one . ex ungue leonem . guesse at the author by this example , it is out of bodine , that ( as he stileth him ) learned french lawyer , and statesman , de repub. l. 2. c. 1. p. 222. bodine saith , it alwayes hath and shall be lawfull for subjects to take wicked princes out of the way : can a sentence be quoted more plaine and full against our cause , and for their cause , then this of bodine ? but if bodine speakes no such thing , but more plainly and fully for our cause , against their cause , what may wee thinke of mr. prynne the quoter , &c. first , in the place quoted l. 2. c. 1. there are no such words , &c. so he p. 3 here is a great cry indeed , but little wool , for in the very same page , we have confitentem reum , in these most positive termes . secondly , i ( writes he ) confesse the words quoted are in the fifth chapter of the 2 book ( and that in page . 222. which i quoted : ) where then is the false quotation ? the words are there ; but not in the first but fifth chapter of the second book : what then ? they are in the same booke and page i quoted , but the printer printed the first chapter instead of the fifth in some coppies , contrary to my written coppie , and quotations in print in other coppies , and places . ergo my quoquotation is false ; grant this , yet it is not false , neither in the matter , page , booke , but chapter onely , which the printer , not i mistooke ? surely a very grand offence if reduced into a logicall argument . the printer misprinted the chapter in some coppies ; but mr. prynne misquoted not the words , booke , page , nor chapter of bodine in any kind : ergo he is guilty of a multitude of false quotations , at least of one , at leonem , but a rare one . so he disputes . a rare one indeed , such as was never heard of in the world before , a true quotation in every particle , yet slandered for a false one : which gives me just occasion to repay him with his owne coyne . p. 3. ex ungue leonem , guesse at the ( truth of this ) author by this example , the sole misquotation he chargeth me with . yea but he subjoynes p. 3. note what a faire inference mr. prynne here maketh . these reguli or little kings of the cities of the gaules , might be put to death by the nobility to which they were subject . appē . p. 17. so bodine , by whose words it is cleare ; that the ancient kings of france were inferiour in jurisdiction to their whole kingdomes and parliaments ; yea censurable by them to deposition or death this indeed is my inference , which he neither doth nor can disprove , since the ancient gaules had no other kings but these their reguli ; who might be put to death : and no universall absolute monarches , as bodine and all french historians acknowledge . yet his greatest quarrell with me is behinde . p. 4. for leaving out part of bodines words with an , &c. appendix , p. 18. viz. but if the prince be an absolute soveraine , as are the true monarches of france , &c. where the kings themselves have the soveraignty , without all doubte or question not devided with their subjects . in which &c. i omitted these words , of spaine , england , scotland , turkie , moscovy , tartary , persia , aethiopia , india , and of almost all the kingdomes of africk and asia , which interveene between , where the kings themselves have the soverainty , and , the true monarches of france , and for this omission though with an , &c. he cryes out thus , fye , fye , holy mr. prynne , can your sanctified penne , volens vidensque , wittingly , and willingly , abuse so perversly a learned french lawyer , and so pernitiously our gracious king of england ? but i pray you sir , what cause is there of such an exclamation for this omission , with an , & c ? in that place of my appendix i had nothing to doe with the kings of england , spaine , or any other kingdomes there named by bodine , but with the kings of france alone , whom from p. 17. to 51. i prove by undeniable histories and authorities , to have been inferiour to their kingdomes , and parliaments . to recite all these other kinges there upon this occasion , whē i discoursed of the fench kings alone , had been an impertinency , a tautologie , since i distinctly handled the severall jurisdictions of the kings of englād , spaine , scotland , &c. in their proper places & refuted the error of bodine ( though i truly cite his words ) that neither the kings of spaine , nor france , nor england , nor scotland , are such absolute soveraignes as he would make them . the omission therefore of spaine , england , and scotland , with an &c. which pointed to , not concealed them , can no wayes be charged on me as a false quotation , or as a witting or willing abuse of bodines words , as will appear by turning this accusation into arguments . master prynne in reciting bodines words , concerning the kings of france alone , omits his mentioning of the kings of spaine , england , scotland , &c. with an , &c. ( as this very momus himselfe in his censure omits turkie , moscovy , tartary , persia , &c. rather to be ranked among absolute tyrants than kings , ) ergo he hath falsly quoted , and wilfully perverted bodine . master prynne recites and refutes bodines opinion , of the absolute soveraignty of those kings , in the objected and other places . ergo he misrecites bodine . if these be not most absurd arguments , and calumniating falshoods , let the world judge . in fine , mr. prynne hath * frequently quoted bodine , and this very chapter of his , in sundry pages of his bookes , but misquoted him in no place whatsoever : ergo this botcher hath misquoted , misreported mr. prynne , and must cry peccavi for it . and for his odious subinference p. 4. it is his owne alone , not mine . this champion having thus manfully played the slanderer in this one quotation , which he in vaine labours to prove false , would willingly proceed to others , p. 7. but he there ingeniously confesseth , he wants his tooles to doe his worke , and i have not ( quoth he ) the bookes cited by him . certainely if he wants his books , and the books i cite , to examine my quotations by , it must needs be an impudent apparent slander in him , to tax me of misquotations of those authors he confesseth , he never saw nor read : the rather , because he writes in the same page , that my quotation out of speed seemeth somwhat amisse ; yet presently confesseth of himself in the same page ; i never saw it , nor heard it , till i read it in mr. prynnes book , and that he never read mr. speed , how dares he then terme it , a seeming misquotation ? is this man ( thinke you ) likely to refute or convince me of false quotations , who thus confesseth , that he neither hath , nor hath read , nor heard of the books and passages which i cite ? * si judicas , cognosce , was the ancient rule : i pray therefore get and read my quoted authors hereafter , before you presume to charge me with misquotations , else all must censure you for the grossest slanderer that ever put pen to paper . for the pretended falshoods , paradoxes , absurdities and absurd opinions he would fasten on me , p. 8. to 14. they are most of them his owne misrecitals , not my assertions ; and so farre as any of them are really mine , my pages whence they are transcribed , will sufficiently manifest them to be neither falshods , paradoxes , absurdities , nor absurd opinions . the popery he would asperse me with page 14. 15. is easily wiped of . for first , both the text and comment of roomes-master peece , is neither a fiction , nor pia fraus , unlesse he will make it so in the arch-bishop of canterbury , sir william boswell , habernfield , and the king himselfe , under whose hands it is extant , and hath been represented to the parliament . if this suffice not , the preface to the second edition of roomes-master peece , will either satisfie or silence this father of falshoods . secondly , the visions and revelations of king edward the confessor , cited in my remonstrance against shipmoney ▪ p. 22. & of one of the monks of clervaulx , opening of the great seale , p , 5. 6. are not recited by mr. prynne , as reall verityes , or convincing argumēts against shipmoney , & lordly bishops , but onely , de bene esse , to manifest what opinion the monks and historians who record them , had of danegeld and prelacy . and mr. prynnes other arguments , authorityes against shipmony cited in that remonstrance , and against lordly prelates and prelacy , registred in his vnbishoping of timothy and titus , his breviate catalogue of authours of all ages , and antypathy of the english lordly prelacy , to vnity and monarchy , are so sollid and copious , that no man hath hitherto attempted to returne the least answer to them , nor indeed can doe it , so that he needed not the helpe of visions , revelations , or popish pious frauds , to satisfy or delude his readers in these points debated by him . for the other pretended points of popery , perverting of the scripture , of lawes , treasons , and betraying of the cause , they are so abundantly answered , refuted in my books at large , in the pages quoted by this authour , that i shall wholly appeale to them , & the indifferent perusers of them , both for my purgation and justification , in all particulars ; which books having both the speciall licenced & good approbation of the high court of parliament , and of thousands of all sorts both at home and beyond the seas , ( who have highly approved them , and recieved good satisfaction by them , in the present unhappy controverted differences that distract us , ) need no further apology against this namelesse slanderer and depraver , to whom i onely wish more verity , honesty , ingenuity , for the future , then he hath here discovered for the present . finis . notes, typically marginal, from the original text notes for div a91182e-190 mr. pryn. append. p. 18. in the 1. 2. 3. 4. part & the appendix . * part. 1. p. 39. 50. 93. 104. 105. 106. part. 2. p. 9 10. 22. 23. 24. 25. 40. 41. 45. 46. 47. apendix . p. 4. 10. 11. 23. 89. 100 * seneca medea . the machavilian cromwellist and hypocritical perfidious new statist discovering the most detestable falshood, dissimulation and machavilian practices of l. g. cromvvel and his confederates, whereby they have a long time abused and cheated both the houses, city and country; and the wicked and treasonable things they have done, and unwarrantable means they have used, to carry on their own ambitious designs. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91217 of text r204800 in the english short title catalog (thomason e422_12). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 24 kb of xml-encoded text transcribed from 6 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91217 wing p4007a thomason e422_12 estc r204800 99864262 99864262 116487 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91217) transcribed from: (early english books online ; image set 116487) images scanned from microfilm: (thomason tracts ; 66:e422[12]) the machavilian cromwellist and hypocritical perfidious new statist discovering the most detestable falshood, dissimulation and machavilian practices of l. g. cromvvel and his confederates, whereby they have a long time abused and cheated both the houses, city and country; and the wicked and treasonable things they have done, and unwarrantable means they have used, to carry on their own ambitious designs. prynne, william, 1600-1669. 11, [1] p. s.n.], [london : printed in the year 1648. anonymous; attributed to william prynne. place of publication from wing. annotations on thomason copy: "jan: 10th 1647"; the "8" in the imprint has been crossed out. reproduction of the original in the british library. eng cromwell, oliver, 1599-1658 -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a91217 r204800 (thomason e422_12). civilwar no the machavilian cromwellist and hypocritical perfidious new statist: discovering the most detestable falshood, dissimulation and machavilia prynne, william 1648 3858 97 0 0 0 0 0 251 f the rate of 251 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-02 apex covantage keyed and coded from proquest page images 2008-12 mona logarbo sampled and proofread 2008-12 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion the machivilian cromwellist and hypocritical perfidious new statist : discovering the most detestable falshood , dissimulation and machivilian practises of l. g. cromvvel and his confederates , whereby they have a long time abused and cheated both the houses , city and country ; and the wicked and treasonable things they have done , and unwarrantable means they have used to carry on their own ambitious designs . jan : 10th printed in the year , 1648. 1647 the machivilian cromwellist and hypocritical perfidious new statist . the machivilian practises and jesuitical policies of the cromwellists and independent confederacy , in the houses , army , city and country , to accomplish their own ambitious ends , and engross all power into their own hands , by wicked , unjust , and most diabolical means , have been sufficiently laid open to the world by mr edwards in his gangraenaes ; and their own champion , iohn lilburn , in his i●glers discovered , his letters to cromwel and others ; the anatomy of the army ; the grand design or discovery of that form of slavery intended , and in part brought upon the free people of england , by a powerful party in the parliament , and l. g. cromwel , commissary general ireton , and others of that faction in the army ; tending to the utter ruine and inslaving of the english nation : and by other late printed papers of their own friends , the agitators in the army and city , who charge the head of that faction cromwel ( cryed up for the holiest saint on earth without the least dissimulation , guile or falshood ) with these remarkable treasonable hypocrisies and contradictions , detestable both to god and men . 1. with making many solemn and deep protestations in the house of commons , in the presence of almighty god , upon his faith and honor , that the army should really disband when ●ver the house should give but the least order or intimation ; and yet at the same time giving secret order and directions to his creatures in the army , not to disband upon any terms , but to keep together and march up to london to force the hous●● and city , and compel them by fear to comply with all his unjust desires and designs . 2. with plotting and ordering in his own lodgings , at a great meeting there on monday night before whitsonday last , the securing of the garrison , magazine , and train of artillery at oxford ▪ seising the kings own person at holdenby , and removing him thence into the army ; and giving order to cornet i●yce , with is much speed and se●recy as might be , to effect it ; which he accordingly did by his special direction ; and yet like a subtil fox ▪ prote●ted to the hous● , the king and others , that it was done both without his knowledg and approbation . 3. with impeaching the xi members , and pressing theirs and o●hers suspent●on from the house before any charge or proof of guilt ( contrary to all law , all rules of iustice ▪ and the houses votes ) only to strengthen his own faction in the house , though he knew and acknowledged them to be innocent of the crimes pretended , in private : and yet exhibiting and printing a most false and scandalous charge against them , to wound their reputations in publick , by charging them with such crimes , of which he knew himself more guilty then they . 4 with charging the wel-affecting lords and commons , who continued sitting and acting in the houses , when the speakers and some members ( under pretext of a force past and ended some two or three days before their departing thence ) by his solications and menaces treacherously withdrew themselves from the houses to the army ; and the militia , common councel , and citizens of london , for providing only for their own self-defence by votes and ordinances of both houses ; with no less then treason , in levying a new war against the king . parliament and kingdom : when as he and his confederates only were truly guilty of it , both in seising upon the kings own person and rescu●ng him from the commissioners of both houses by a strong party of the army ; in causing the whole army to march up to london in a warlike and assailing posture against the houses express orders , and forcing them to repeal their votes , ordinances , and yeeld up their members to their fury ; and after that , in marching up with the army it self to the houses doors , and city , in triumph , against the houses express letters and orders , with the fugitive members whom they engaged to live and dye with them in that quarrel , and in possessing themselves of all the works and forts about westminster and of the tower of london , removing the city guards , and setting new of their own upon the h●uses ; marching through the city with their whole army , like conquerors , and then throwing down their line and forts , fi●st raised for the houses defence , in a most scornful manner , and bele●guring the dis●rmed king , city and houses ever since , with the whole body of the army ( which they have doubly rec●uited to the peoples infinite oppression ) to captivate them all to their tyrannical pleasures : which is a treasonable levying of war , and high treason in good earnest , uncapable of excuse , transcending that of the impeached members and cit●zens . 5. with forcing the houses to pass an ordinance , on the 20. of august last , for declaring all votes , orders and ordinances , passed in one or both houses , since the force on both houses , iuly the 26. until the 6. of august , to be null and voyd ; by reason of a force upon the house of commons , by a company of unarmed boys and apprentice● , only on iuly 26. towards the evening ; who vanished that night and never appeared after : notwithstanding the speaker and commons house met and sate the very n●xt morning without any disturbance , met securely a● the f●st the n●x● day in margarets church , where the speaker protested , against the honor of his going to the army under pretext of this forc● , as a most dishonorable and unworthy act , which he would rather dye in the house , then be guilty of , to sir ralph ashton and other● ; and the friday following most of the memb●rs met , elected a new speaker , and voted and sate without the least violence or disturb●nce from the city ; til the sixth of august , and passed all votes , o●ders and ordinances , freely without any colour of force ; upon which grounds this ordinance of repeal , after long debate ▪ was by the major voyce of the commons house passed four or five times in the negative , and layd aside , and so ought not by the rules of parliament or justic● to be revived . and yet he and his confederates enforce the houses to pass this repealing ordinance upon a meet pretence of force , by a f●r greater armed force and violence then that of the apprentices , which they made the only ground of this ordinance of nullity and repeal , enforced to pass against the haire in this manner . first , by a treasonable remonstrance from his evcellency sir thomas fairfax and the army under his command , sent to the houses from the head-quarters at kingston , august 19. ( but dated the 18. ) in which p. 18. they take notice of the commons carrying it in the negative against this nulling ordinance , and thereupon used such high and treasonable menaces and expressions against the members continuing in it during the speakers absence , as no age nor persons ever heard or read the like ; threatning to take them as prisoners of war , and try them by martial law ; inhibiting them or any of them , to intrude themselves to sit in parliament , til they had cleared themselves from giving their assent to any of the votes , orders or ordinances , past in the speakers absence , and to take speedy and effectual courses to restrain them from being their own , theirs , and the kingdoms iudges , and to bring them to condign punishment . secondly , they put double guards the next day upon both houses , who openly threatned at the doors , to pull out all the members by head and shoulders that sate and voted in the speakers absence , if they presumed to intrude themselves , or but enter into the house ; whereupon more members by fear refr●ined the house , and went presently out of london , then those who fled to the army . thirdly , all the officers , that were members , came that morning from the army into the house , where cromwel and they made very high and menacing speech●s which da●nted many . fourthly , colonel desborough came with a party of 1000 horse drawn up in a body to hidepark-corner , threatning to force both the houses and members , if this ordinance passed not . and by this treasonable force , ●ractise and declaration , was this nullifying ordinance , against a thousand-fold less force , forced to pass the house when thin ●nd empty , by head and shoulders , against the rules and freedom of parliaments , through a thin house of commons , wh●n most of the members were kept and driven away forcibly from it , by the whole army and their guards , and to evidence to all the world & posterity , that this ordinance was wrested from the houses by meer violence , it was even then by special order of the houses , printed and published with that treasonable thundering declaration against the house and members which procured it ; dated the 18 , sent the 19 , of august , and read that day and the next in the houses , and the same day ( being the 20th ) compelled the house to pass it . which ordinance declaring all votes , orders and ordinances of one or both houses to be null and voyd , if procured by force , being thus more forcibly procured then any it repe●lled , must needs be felo de se , and declare it self to be more voyd and null then they ; which being for the most part made , when the houses were free by a unanimous vote , without any division of the houses , will remain firm and valid ; notwithstanding this new forc●d ordinance , promoted and carried on , ●il i passed with greater force then any it repeals . besides these detestable machivilian and hipocritical practises of cromwel and his confederat●s , be pleased to consider only of three or four more ; which wil manifest them the greatest machivillists and hipocrites under heaven , never to be credited or confided in hereafter . 1. the first is , his gulling and deluding his own confederates and creatures , the busie agitators imployed by him , to mutiny the army into publike rebellion ; who underwent the greatest adventure with the hazard of their necks , to accomplish his designs upon the king , parliament and city , who having served his turn ; he now most ung●atefully casheers , and endeavours to suppress , ●postatizing from his first principles and pretences of seeking the kingdoms welfare and peoples freedom , to advance himself , his kindered and allies , though with the kingdoms and agitators ruin , playing the meer jugler , and hocus-pocus with them ; as their advocates , lilburn , henry martin , scot and rainsborough complain most bitterly , and others of their fraternity , in sundry of their pasquills . 2. the 2d is , his and his confed●rates treachery and villany towards the lord mayor , alder●en and imprisoned citizens of london , to whom though they promised all fair quarter indempnity and security of their first approaches to , and match through the city in triumph ; yet soon after they cause them suddenly to be impeached of high treason , committed to the tower and other prisons ; expell the recorder ( without any legal proof or hearing , from a sudden report from a packed committee of those who engaged with the army ) out of the house , and send him to the tower to accompany the mayor and aldermen , where they yet detain them prisoners without any further prosecution ; and all this to bring in an independent lord mayor , aldermen , and others of their own f●ction , into their pl●ces , and keep them from acting in the city , and being chosen into publike offices ; in pursuance of which design , he and they have endeavoured , and lately threatned , to bring up the army to quarter in the city this winter , under pretext of levying arrears ; but in truth to bring in what common-councel-men , and other officers they pleased , of their own faction , upon the new elections , and make allen and e●●wick aldermen ; that being prevented of this design , mr speaker must discover a new plot to seize upon the tower by a company of horse and foot ( who must drop out of the clouds ) & the houses too ; to bring up the army to guard them til the new elections be past . but this not taking , and proving as false as he that discovered it , there upon a new ordinance must be suddainly drawn up , and passed in a moment before any notice of it , to deprive the city and citizens of their free elections of their city officers and common councell men , and make many of the best affected among them , who had any hand in the cities engagement &c. uncapable to be elected themselves , or give any voyce in the election of others ; to exclude the presbyterians and anti-sectarists , and bring in a new independent recruit of cromwels and the armies confederates , to undo and betray the city , parliament and kingdom , and enthrall them to their bondage ; which their confederacies , engagements and treasons against the king , houses , city and kingdom , must make them capable of all offices and preferments , and disable them from none . 3. the 3d is ▪ his and his confederates in the armies damn●ble hypocrisie and dissimulation ▪ both towards the houses , city and country , and ●eer che●ting them of their money ●nd free quarter . at first he and th●y pretended , that if the houses and city advanced but so many moneths pay for the souldiers , they should all presently disband , and not trouble the country more with free quarter or taxes , and that they would pay their quarters out of it . whereupon the pay desired , was sent and received , and yet never a souldier disbanded , but new recruits , even of cavaleers against the parliament , entertained without the houses order , nay against it ; and no quarters at all discharged : since which , upon sundry complaints of the countries oppression by free quarter , they have four or five several times , at least upon receipt of so many weeks pay set down , faithfully engaged to disb●nd their supernumer●ry forces , lessen the army , and pay their quarters ; yet no sooner is the money desired , received ▪ but they refuse to do either , and grow more high and insolent in their demands then ever ▪ and more oppressive to the country . at the last general r●nd●zvouz ▪ they made the like promise of disbanding and paying quarters , upon the recipt of forty thousand pounds , which with much difficulty was procured and sent ( though the forces in ireland , in great want , and a●●●uall hard service against the rebels , are like to perish for want of pay , while these idle droans devour all the money the houses can rake up by any means ) and thereupon some supernumerary forces and recruits were actually disbanded , and word sent of it to the house ▪ but within a day or two they were all ag●in entertained , and others to boot , by ord●r from the general and councell of war , co●rary to their e●gagement , and the houses order ; and not one penny payd the country for ●●ee quarter● and within two or three days after , a new repres●ntation ( ful of arrogancy and insufferable language ) must be sent ▪ to the houses , wherein they demand the sixty thousand pounds monethly tax , to be augmented to one hundred thousand ; justify their not disba●ding the supernumeraries , augmented by them now to such a number ▪ that the whole kingdom can neither pay , nor qu●rter them without ruin . and now they make dem●nds of new sums , and then th●y wil obey the houses orders just as they did before ; and thus they cheat the parliament , city and country of their money , and free quarter too ; and though they pretend themselves no mercenary people , but publike spirited saints , who regard no pay but higher ends ; yet they stick not impudently to press the houses over and over , against their votes , and vote it in their councel of war in opposition to all the houses ; that all deans and chapters , lands , forrest-lands , the remainder of bishops lands sh●l be sold , the fines of the impeached cit●zens , and lords ( whose only treason is , that they are rich and faithful to their country , and opposite to their real treasons ) and the third pa●t of all delinquents , of the exc●se too , in course , designed for payment of their pretended arrears , since their refusal to disb●nd ▪ and yet must have one hundered thousand pounds a moneth levyed on the kingdom , besides , for present pay , to maintain them in their mutinies and rebellions , and ruin the parliament , king , kingdom , and dying ireland . 4. his detestable malicious charg●ng the xi impeached members most falsly , with * holding private intelligence with the kings party , drawing up and sending propositions privately to the king , for settling of a peace without the houses privity ; holding correspondency with disaffected persons , to put conditions up-the parliament , and bring in the king upon their own terms ; undertaking to do more for the king then the army would do ; obstructing the relief of ireland , favouring delinquents and malignants , giving no accompt for the great summes of money they received , driven away the parliament members . and thereupon by violent m●ans enforced them to quit the house ( and some of them the kingdom too ) though innocent , and not convicted of any of those crimes . and yet himself and his creatures in the army , at the self same time and ever since , holding private intelligence with the king and his party ; admitting them into the armies quarters , and there keeping cabinet counsels with the chiefest of them , drawing up , and sending propositions privatly to the king without the houses privity ▪ holding correspondency with sir edw. ford , sir iohn bently ashburnham , legg● , dr hammond , dr sheldon , and other desperate malignants , and confederating with them to put conditions on the houses , and bring in the king upon his own terms ; undertaking to do more for the king then the scots or presbyterians , removing him from hampton court to the isle of wight ( put into the hands of colonel hammond for that purpose some moneths before ) to accomplish his designs the better ; obstructed irelands relief bo●h with men and money almost a year together , and intercepting all the moneys , that should now supply the pressing necessities , to pay his mutinous idle army , for undoing the k●ngdom and eating out the country ▪ pleaded openly in the house for the exemption of the greatest malignants in arms out of the first and second articles , because the army had ( without the houses privity ) engaged to mitigate their fines and interceed in their favor , though they aggravate the pretended offences of the injuriously impeached lords and citizens to the highest , pressed their exemption out of the general pardon and act of oblivion ; and desire the confiscation of their whole estates : hath hither●o given no accompt of the vast sums of money , horse and arms he hath received from the state , professing that he cannot do it : and driven many of the faithfullest parliament members both out of the house and king●om . and therefore deserves to be susp●nded , imprisoned , cast out of the house , and driven out of the kingdom as a most treacherous impostor and traytor to the parliament , city and kingdom , whose ruine he endevors , to prevent his own . this is the faith , honesty , sincerity and plain dealing of these cromwellists and machivilian saints ; the infamy of the gospel ; the shame of christianity ; the sinks of all hypocrisie , fraud and treachery , and unsatiable gulfs of avarice , whose consciences are now so free and large , that they can swallow down the g●eatest sins , contrive and carry on the gross●st villanies and treasons against their king and country , church and state ; betray and impe●ch their best and dearest friends , blow up parliaments , make use of any iesuitical policies , an●unlawful means and instruments , to accomplish their exemplary , temporal and eternal ruine , if they repent not speedily , which god give them grace to do in time . finis . notes, typically marginal, from the original text notes for div a91217e-130 * the particular charge of the army . bathonia rediviva to the kings most excellent majesty, the humble address of the mayor, aldermen, and citizens of your majesties city of bath in the county of somersett. bath (england) this text is an enriched version of the tcp digital transcription a56131 of text r21157 in the english short title catalog (wing p3899). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 7 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56131 wing p3899 estc r21157 12360132 ocm 12360132 60200 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56131) transcribed from: (early english books online ; image set 60200) images scanned from microfilm: (early english books, 1641-1700 ; 222:14) bathonia rediviva to the kings most excellent majesty, the humble address of the mayor, aldermen, and citizens of your majesties city of bath in the county of somersett. bath (england) prynne, william, 1600-1669. 1 sheet ([1] p.) printed for edward thomas ..., london : 1660. "presented to the king ... by william prynne, esq." eng bath (england) -history -17th century -sources. broadsides -england -17th century. 2 rbgenr a56131 r21157 (wing p3899). civilwar no bathonia rediviva. to the kings most excellent majesty. the humble address of the mayor, aldermen, and citizens of your majesties city of ba bath 1660 787 14 0 0 0 0 0 178 f the rate of 178 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2002-04 tcp assigned for keying and markup 2002-05 spi global keyed and coded from proquest page images 2002-06 emma (leeson) huber sampled and proofread 2002-06 emma (leeson) huber text and markup reviewed and edited 2002-07 pfs batch review (qc) and xml conversion bathonia rediviva . to the kings most excellent majesty . the humble address of the mayor , aldermen , and citizens of your majesties city of bath in the county of somersett . we your majesties loyal subjects the mayor , aldermen , common counsel , and other citizens of your majesties antient city of bath , originally * foun●ed , enlarged and indowed with sundry privileges by your majesties royal progenito●s , kings of this realm , doe with all thankfulness of heart and tongue to almighty god , and demonstrations of our publick ioy , and loyalty to your majesty , congratulate your most h●ppy and longed-for return to the actual possession of your majesties hereditary kingdoms and roya● authority over them and this your city , with safety , honor , and triumph ( after many years deplorable exile ) without the least opposition or bloudshed . which miraculous restauration of your majesty , ( begun and compleated within the circle of one month ) as we cannot contemplate without admiration , and acknowledge it an unparalled wonder wrought by god himself without human contributions soon after your majesty was proclaimed king of england , scotland , france and ireland by hereditary and undoubted birthright , by order of both your houses of parl●ament ; which solemnity as we most chearfully performed with all possible expressions of our publike ioy , by reiterated acclamations of god save king charles the second , vollies of shot , ringing of bells , conduits streaming forth wine , bonfires , and other festivities : so we think it our bounden duties by this our unanimous publick address , humbly to prostrate our selves at your majesties feet , assuring your majesty , that we all are your loyal and dutifull subjects 〈…〉 assistance , according to our bounden duties , bear faith and true allegiance to your majesty , your heirs and lawfull successors for ever : and shall with the last drop of our blouds and fortunes , upon all occasions , evidence our selves to be , your majesties dutifull and obedient subjects . in testimony whereof , we have hereunto subscribed our hands , together with our hearts , and affixed our corporation seal the fourth day of iune , in the twelf year of your majesties reign ; and shall ever pray for your majesties long life , prosperity , increase of glory , and temporal and eternal felicity . william prynne , one of the citizens serving in parliament george long , minister of gods word . william green minister . samuel bave iohn maplet thomas bruer robert p●irce william smith , berkeley carne thomas cilbs walter baylie iohn chapman walter gibbes robert penny anthony colleby edward white henry moore senior thomas skrine ed. p●rker iohn fisher william childe richard biggs iohn b●sh iohn reed wi●●iam bush george ●eeve benjamin baber hen. m●ore junior robert sheppard samuel wintle iames parker i●hn faire richard carwardine william ho●bus iohn harford richard price iohn biggs mayor iohn pearce matthew clift io. parker io. atwood , io. boyes richard druce iohn masters iohn ford robert childe richard wakeman william ireland robert chapman henry parker . this humble addresse , was presented to the kings most excellent majestie , in his bedchamber at whitehall , saturday morning ( the 16. of june 1660. ) by william prynne esq ( one of the citizens now serving in parliament for the city of bath ) whom they desired by letter to present it to his majesty , his fellow-citizen being absent . who after a short speech ( comprising the substance of this addresse ) read it distincktly to his majestie , and then delivered it into his royal hand . his majestie most joyfully and gratiously receiving it in his hand , commanded mr. prynne , to return his majesties most hearty thanks to his citie and citizens of bath , for this their loyal addresse ; which he took very kindly and gratefully from them ; and to assure them , in his majesties behalf , that he would upon all occasions most readily extend his royal favours towards them , the rather , for that they had freely chosen mr. prynne for one of their citizens in this parliament , who was so good a friend to him , and had done him and his whole kingdome such good service . london , printed for edward thomas at the adam and eve in little britain , 1660. notes, typically marginal, from the original text notes for div a56131e-30 * by king bladud in the daies of the prophet elias as mat westm. flores hist. p. 25. and others record , being 800 years before our saviours nativity . a brief apologie for all nonsubscribers, and looking-glasse for all apostate perjured prescribers & subscribers of the new engagement wherein they may clearly behold their presidents, sin, horrour, punishment. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56136 of text r33922 in the english short title catalog (wing p3906). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 33 kb of xml-encoded text transcribed from 9 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56136 wing p3906 estc r33922 12254990 ocm 12254990 57364 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56136) transcribed from: (early english books online ; image set 57364) images scanned from microfilm: (early english books, 1641-1700 ; 158:3) a brief apologie for all nonsubscribers, and looking-glasse for all apostate perjured prescribers & subscribers of the new engagement wherein they may clearly behold their presidents, sin, horrour, punishment. prynne, william, 1600-1669. [3], 14 p. [s.n.], london : 1649. written by w. prynne. cf. wing. reproduction of original in thomason collection, british library. eng great britain -history -civil war, 1642-1649. a56136 r33922 (wing p3906). civilwar no a brief apologie for all non-subscribers, and looking-glasse for all apostate perjured prescribers & subscribers of the new engagement, wher prynne, william 1650 5726 110 0 0 0 0 0 192 f the rate of 192 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2002-04 tcp assigned for keying and markup 2002-05 spi global keyed and coded from proquest page images 2002-06 olivia bottum sampled and proofread 2002-06 olivia bottum text and markup reviewed and edited 2002-07 pfs batch review (qc) and xml conversion a brief apologie for all non-svbscribers , and looking-glasse for all apostate perjured prescribers & subscribers of the new engagement , wherein they may clearly behold their presidents , sin , horrour , punishment . london , 1649. a brief apologie for all non-subsribers , &c. he that being often reproved , hardneth his neck , shall suddenly be destroyed , and that without remedy , prov. 29.11 . how often the prescribers and subscribers of the new engagement , against their manifold former oaths , vows , protestations , covenants and engagements to the contrary , have been admonished both in press and pulpit of the impiety , danger and destructiveness of this their apostacie and perfidiousness both to god and man , without any fruits of reformation or repentance of this their execrable wickedness , is well known to their own self-condemning consciences and the world : let them therefore now in this small looking-glass , behold both their presidents , sin , horrour of conscience and their punishments for the same , which if duely pondered , may through gods mercy bring them to sincere repentance , or else create a tormenting hell within their consciences here , and plunge them into everlasting hell-tormentings hereafter to their just destruction , who would receive no admonition in due season . the presidents they follow in prescribing and subscribing this oath and engagement , are very fatal and dangerous , even the very worst of our english rebels and traytors in former ages . * in the fourth yeer of king richard the second , walter tyler , iack straw , and their rebellious rout of the peasantry , made a great insurrection and rebelli●●against the king and his counsel ; and marching up to london in ● numerous body , by the favour of the meane● sort of citizens , who confederated with them , entred both the c●ty and tower , beheaded the archbishop of canterbury , with divers others , affronted , commanded and insulted over the king and nobles at their pleasures , as the onely kings of england ; tendring the king very high and insolent propositions to signe , and notwithstanding his present condescention to them , conspired to seize upon his person , and keep him alive amongst them for a time , that people might the more boldly repair to them , and think whatever they did was done by the kings authority , till they had gotte● power enough , that they needed not ●o fear any force which should be made against them ; and then they resolved to slay all the nobles that might give any counsel , or make any resistance against them , together with all lawyers , with the knights of s. johns and the rhodes : and lastly , they would have killed the king himself , with all men of possessions , bishops , canons , parsons of churches , and monks , except friers mendicants ; and have burnt and plundered the city of london it self , and then have created wat tyler king in kent , and others of the chief leading rebels kings in other counties . and to engage all men in this confederacie with them , they tendered an oath to them , ( somewhat better then this new oath and engagement ) viz. that they should keep allegeance to king richard and to the commons , and that they should accept of no king that was named john ; and that they should be ready to assist them whenever they were called ; and that they should agree to no tax to be levied or granted in the kingdom , except a fifteen . which oath they enforced all they met to take ; and those that were not sworn to them , they took off both their hoods and heads . but after they had thus played rex , and lorded it over king , nobles , gentry , country and city a little space , wat tyler their new king and general ( who made this vaunt , that before four days came to an ●nd , all the laws of england should proceed from his mouth ) was 〈◊〉 off his horse by william walworth lord maior of london , and slain in smithfield , i● the view of his commons , and his head set upon london-bridge ; and by the assistance of the lord maior , and about a thousand loyal citizens , in whose hearts the law of the king was ingrafted , the king was rescued f●om their power and butchery , and the rebels subdued , who threw down their weapons , fell to the ground and craved pardon ; their principal leaders and designed kings taken and executed in all places , and their heads and parts hanged up for monuments to deter others ; their confederates all dispersed , imprisoned , and put to great fines and ransoms to redeem their lives and l●berties . and so their new kingdom and republike quickly ended in a fatal tragedie . the king , for the lord maiors and citizens good service , in perpetual memory of all of this their loyalty , knighted the maior , and added the dagger to the cities arms ; which the present lord maior , aldermen and packed common-councel-men may do well to consider , for fear they alter the dagger into an ax or halter for the future : and the prescribers of this new oath and engagement ( who tread in these rebellious traytors steps , and prosecute their very designes and engagement ) may do well in time to remember their ●ad story , left they arrive at their fatal ends , to their temporal and eternal ruine . the like designe and project in effect was afterwards hatched and set on foot by iack cade and his rebellious rout , under pret●nce to reform laws and government ; who were all scattered , came to the like tragical ends , and for ever branded by an act of parliament , 31 h. 6. c. 1. for wicked rebels and traitors to posterity . in the month * of iuly , 1549 , in the third yeer of king edward the sixth , as the commons of devonshire and corn●●l raised an insurrection against the king and his councel in the west , so the commons in york-shire at the same time raised a rebellion in the north , principally out of their traiterous hearts , grudging at the kings honourable proceedings in reforming religion ; and trusting to a blinde prophecy wherewith they were seduced , which themselves thought should shortly come to pass , by reason of the rebellions then on foot in norfolk and devonshire ; the tenour of prophecie , and purpose of which traytors together , was , that there should no king raign in england ; that the noblemen and gentlemen should be destroyed , and the realm should be ruled by four governours to be elected and appointed by the commons holding a parliament in commotion , ( without king or lords ) to begin at the south and north seas of england , &c. whereupon , to execute this their designe , and erect this their new government and parliament without king and lords , ( the very project now on foot , and scope of this new oath and engagement ) they resolved to seize and murther such nobles and gentlemen of estate in their houses and counties , and in executing the kings commissions , as were favourers of the kings proceedings , and likely to resist them . hereupon , the king sent his gracious pardon and perswasions to them , to reduce them by all fair means to obedience ; informing them , that he was their rightful king , liege lord and soveraign king of england , not by age , but by gods ordinance , being ordained their king and prince by almighty god , possessing his crown by blood and descent from his royal father king henry the eighth . you are our subjects , because we be your king ; and rule we will , because god hath willed . it is as great a fault in vs , not to rule , as in a subject not to obey . if it be considered , they which move this matter ( of his non-age ) if they durst utter themselves , would deny our kingdom . but our good subjects know their prince , and will increase , ●ot diminish his honour ; enlarge , not abate his power ; knowledge , not defer his kingdom to certain yeers : all is one , to speak against our crown , and to deny our kingdom , as to require that our laws may be broken until one and twenty yeers , &c. dare then any of you , with the name of a subject , stand against an act of parliament , a law of the whole realm ? what is our power , if laws should be thus neglected ? yea , what is your surety , if laws be not kept ? herein indeed resteth our honour , herein standeth our kingdom , herein do all kings knowledge us a king : and shall any of you dare breathe or think against our honour , our kingdom or crown ? &c. but neither the pardon nor reason prevailing , these obstinate rebels were at last twice or thrice vanquished and utterly routed by a small number of the kings forces , many thousands of them slain , others taken prisoners and executed , and the rest scattered , so that they could never make head again , by the avenging hand and just judgement of god . and so their expected new vtopian republicke and parliament of commons , without king and lords , came soon to ruine , before it received any establishment . let our new moulders of our english republike , and promoters of the new engagement●to set up a republike and parliament without king and lords for the future , consider this ill success of this designe heretofore with fear and trembling , lest it prove their very case in conclusion . king * edward the sixth lying on his death-bed , and perceiving his sister queen mary to be an obstinate papist , like to subvert that religion and reformation which he had established , did by advice of his counc●l , and learned lawyers , by his last will and testament , endeavour to disinherit her of the crown , appointing the lady iane to succeed him● and to establish her title thereto , caused all his privie councel , most of the chief nobility , the maior and city of london , and all the iudges ( except judge hales of kent , who refused the subscription , and chief lawyers of the realm ) to subscribe thereto , against the express statute of 35 h. 8. c. 1. ( to which they and the whole kingdom had sworn ) taking the oath for the succession of the crown therein prescribed . hereupon , after king edwards decease , they all proclaimed iane queen , and rejected mary , against whom they sent the duke of northumberland with an army ; who departing from london , the lords of the councel perceiving the generality of the people to adhere to queen mary , and that she began to gather a considerable strength● and most of the common people , and some of the l●rds standing for her , thereupon they presently turned their song , proclaimed mary eldest daughter to king henry , queen , according to the act of parliament , and desert●d iane , to whose title they had subscribed : whereupon the duke of northumberland , the duke of suffolk , sir iohn gates , ( three of the subscribers ) together with the lord gilford , lord gray , sir thomas wyat , and sundry others were suddenly apprehended , condemned and executed as traytors , together with the new queen iane ; who all confessed their●eaths and condemnation to be just , and that they deserved t● die for these their treasons ; wishing all others to beware b● their examples , and timely to submit to and obey queen mary without murmuring or rebelling against her , as good subjects ought to do . this was the tragick end of those subscribers and engagers to disinherite this queen of her birthright , and set up another against the law , and their oathes of allegeance . which our present subscribers and engagers may do well to ruminate upon , their case being far worse and more treasonable against the king , then theirs against queen mary , having king edwards last will , with all the kings councel , most nobles , judges , lawyers , and the citizens of londons subscriptions thereto in king edwards life-time , to countenance them herein ; all which these recant , against his clear title by the statute of 1 iac. cap. 1 , 2. but these examples perchance may extend onely to such who have been , or hereafter shall appear in arms against the present king , to disinherit him of his crown and mo●archy ; or to the chief contrivers and promoters of the new engagement . i shall therefore remember all meer subscribers of it , through base fear , cowardice , covetousness , or other unworthy ends , against their former oathes of supremacie , allegeance , iudges , iustices , sheriffs , officers , clerks , and the like , their protestation , vow , and solemn league and covenaut , of three memorable examples of bare subscribers onely against their iudgements and con●cience , meerly to save their lives , when in most certain and ●pparent danger ; the consider●tion whereof may make t●eir souls and joynts to quake and tremble , and put them into belshazzars trembling agony . the first is that of m. * tho. bilney , a pious and famous martyr in king henry the 8's raign ; who being condemned for heresie by some popish prelates , was induced to ●bjure , and subscribe his hand to a renounciation of those truths ●f god which he formerly professed , and for maintenance whereof he was con●emned to be burnt . bu● no sooner was he released , but he was so extremely troubled and t●rmented i● conscience for neer two yeers space after , that his friends ●ere afraid to let him be alone by himself , and fain to be with ●im day and night , to comfort him as they could ; but no comfort would serve . as for the comfortable places of scripture , to bring them unto him , it was as though a man should run him thorow the heart with a sword● he was in such an an●uish , that nothing did him good , neither eating nor drinking , nor any ●ther communication of gods word ; for he thought that all the whole scriptures were against him , and sounded to his condemnation . at last● by gods grace , and good counsel , coming to some quietness of conscience , he fully resolved to give over his life for the confession of that faith which he had formerly abjured and subscribed against : and thereupon preaching and maintaining it publikely , was app●ehended , burnt , and undauntedly sealed it with his blood , to make amends for his former cowardly and unworthy subscription , having no p●ace of conscience till then . the second is that of * iames bainham a lawyer of the middle temple●who being imprisoned , persecuted , whipped , stocked , chained , wracked , and cruelly tormented by sir thomas moor , then lord chancellour , for his profession of religion , and ready to be condemned and burnt for an heretick , was at last , after many denials , for fear of death , and to preserve his life , perswaded to abjure the articles and opinion● charged against him , and subscribe to their abjuration under his hand . and having done his penance , was set at liberty . but within one month after , he exceedingly bewailed this his subscription and abjuration , and was never quiet in his minde and conscience , until he had uttered his fall to all his acquaintance● and asked god and the world forgiveness before all the congregation , ( in those days in bowe-la●e : ) and immediately the next sunday after , he came to s. austins church with the ne● testament in his hand i● engl●sh , and the obedience of a christian man , in his bo●om● and stood up there before the people in his pew , there declaring openly with weeping tears , that he had denied god ; and prayed all the people to forgive him , and to beware of his weakness , and not to do as he did ; ●or ( said he ) if i should not return again to the truth ( having the new testament in his hand ) this word of god would damn me both body and soul at the day of iudgement . and then he prayed every body rather to die by and by , then to do as he did : for he would not feel such an hell again as he did feel , for all the worlds good . after which he had no quiet , till he writ likewise certain letters to the bishop his brother , and others , to justi●ie the truths he had renounced under his hands , and suffered for them at the stake , to which he was soon after condemned : where being in the midst of the flames round about him , and having his legs and arms half burnt and consumed , he spake ●hus with a loud voice : o ye papists , behold , ye look for miracles , and here now ye may see a miracle : for in this fire i feel no more pain , then if i were in a bed of down ; but it is to me as a bed of roses . so that he who felt such an horrour and hell in conscience before , for subscribing against the truth and his conscience even whiles he was at large , felt no pain nor torment at all in his body in the midst of the flames , when chained to the stake , and half burnt to ashes , and had then a very heaven in his soul and conscience . an admirable president both of gods justice towards cowardly subscribers , and comfortable assistance of constant martyrs and adherers to the truth , and their primitive engagements . the third is the memorable example of * archbishop cranmer , who subscribed to queen maries disi●heriting , against his oath first ; and after that , being condemned to be burnt for an heretick , upon the sollicitation of some friers and ●thers , who assured him , that if he recanted his former tenents against the papists , he should not onely save his life , of which else there was no hopes , but likewise be restored to the queens favour and his former honours , was induced to subscribe such a recantation as they tendered him , ( to the great scandal of religion , and triumph of the papists ) and after that , to write and subscribe two copies thereof , with his own hand . for whi●h subscription , he was so grieved and tormented in conscience , that the image and shape of perfect sorrow appeared in his countenance , and sometimes he lifted up his hands to heaven for pardon , and sometimes let them fall down to earth for shame and anguish ; the tears in the mean time gushing out from his eyes so abundan●ly , trickling down his aged cheek● , that men never saw so many tears in any childe , as burst out in him , which move● all mens hearts to commiseration . when he came to speak to the people , ●e exorted them , that next under god they should obey their king and queen willingly and gladly , without murmuring or grudging , not for fear of them onely , but much more for the fear of god ; knowing that they be gods minist●rs , appointed by god to rule and govern them ; and therefore whosoever resisteth them , resisteth the ordinance of god . then he told them several times , that there was one great thing and offence he had comm●tted , which did most of all vex and trouble him at that time , and did trouble his conscience much more th●n any thing he ever did or said in all his life ; and that was , his setting his hand to a writing contrary to the truth , which i ( said he ) here now renounce and refuse , as things written with my hand contrary to the truth , which i thought in mine heart , and written for fear of death , and to save my life , if it might be : and that is , all such bills and papers which i have written or signed with my hand since my degradation . and forasmuch as my hand offended , writing contrary to my heart , my hand shall first be punished therefore , it shall be first burned . whereupon , the fire being kindled , and coming neer him , stretching forth his arm , he put his right hand into the flame ; which he held so stedfast and immoveable therein , ( save onely that he wiped his face therewith ) that all men might see his hand● qui●● burnt before his body was touched : taking this exemplary revenge and punishment upon it , for his scandalous subscription . let every minister , lawyer , and other conscientious english-man then , that hath any fear of god , or remainders of conscience left within him , which out of fear , covetousness , or any sordid unchristian ends whatsoever , ( when neither his life nor liberty lay at stake , as these martyrs did ) hath perfidiously , traiterously , and unchristianly subs●ribe● this new engagement and oath , with the self-same hand which he hath formerly lifted up to the most high god , in the publike congregation , or in the parliament-house , or open court in westminster-hall , when he took the solemn league and covenant ; and wherewith he publikely subscribed the same , and likewise swore the oathes of supremacie , allegiance , fealty , homage , or any other oathes diametrically contrary to them , to wit , to bear faith and true allegiance to the king , his heirs and successors , and him and them , with all the royalties and priviledges annexed or united to the imperial crown of this realm , &c. to assist , maintain and defend with their lives and estates , against all persons whatsoever ; and to procure their profit , &c. holding it all the time he swore upon the bible or evangelists ; and to preserve the rights and priviledges of both houses of parliament , and zealously and constantly to persevere therein all the days of his life , and not to be withdrawn from the same by any perswasion , combination , fear or terrour whatsoever , &c. as they should answ●r the contrary at the great day of iudgement before the searcher of all hearts , &c. sadly and seriously consider of these doleful examples , and with what face or conscience he can henceforth lift up his perjured hands to god in prayer , or look any conscientious covenanter in the face , till he hath with horrour of conscience , and whole rivers of tears , ●ighs and groans of spirit , and publike abjuration and recantation of this his perjury , treachery , weakness and wickedness , and renounced , bewailed , and abjured this his new ungodly subscription : and then he will either imitate these eminent martyrs in their horrours of conscience , contrition , compunction , confession and abjuration of this their subscription , and suffering manfully ( if there be occasion ) for their oathes , vows , covenant , protestation , and engagements ; or else fall into absolute desperation of any pardon or remission from god and man , and with iudas and ahithophel ( two arch-traitors ) hang and execute themselves , for this their abominable treachery , perjury to god , the king , parliament and kingdom . which consideration and presidents , may be a sufficient apologie and satisfaction , to justifie and excuse all non-subscribers of this engagement , against all imperious pr●scribers and inforcers thereof , ( especially if pretenders to piety and liberty of conscience in so eminent a degree , as the chief contrivers thereof pretend themselves ) and exempt them from all injurious penalties , forfeitures or losses menaced for their non-subscription , before all the tribunals of heaven and earth ; which cannot but give sentence of absolution in their behalf , since god himself expresly and peremptorily commands them , levit. 19.12 . ye shall not swear by my name falsly , neither shalt thou prophane the name of thy god : i am the lord ; and denounceth many severe iudgements against breakers of oathes and covenants thorowout the a old and b new testament . a corollary to the premises . unto all these ancient and most memorable examples of gods apparent displeasure , and consciences fearful workings against all ungodly actings and engagements against lawful authority , and former righteous and religious vows , oathes , and covenants , might here most pertinently be added three or four more remarkable and most fresh examples of gods just indignation , and consciences affrightings , fallen out very lately among us , in these our most disloyal , apostatizing days , upon the perju●ious taking and subscribing to this present new engagement : as namely , of a scholar in trinity-colledge in cambridge , a minister in essex , and a citizen of whitington-colledge in london . but t●ere is one more lately fallen out among us , which shall be instar multorum , in stead of many other , as coming up more clearly and closely to this our present occ●sion . and , o that such a sad and sorrowful story had never been told in gath , nor published in the streets of askalon ! but divine providence having so ordered , that it is so publikely and notoriously known ; we cannot but make this publike use of it , for just terrour and affrigh●ment of all such like offenders , whereof both city and country , at this time , too rankly abound among us . now the sad relation or story is this . one m. tho. hoyle , late lo. maior of york , and one of the most unhappie members of the juncto of westminster , who having been in all the former p●rt of his life lookt upon and known to have been a most eminent professor of religion , and of an unblameable life and conversation . but since his being a member of the house of commons , having been made master of sir peter osborns office , a place of much credit and profit , and a committee of the kings revenue , ( fat morsels , to stifle and ●hoak cons●ience ) when the house was purged by the power of the army , this gentleman abiding still in the house with the rest of the juncto , and acting ●ll along with them , was listed in the number of those that ●ere to be judges of the kings life or death ; but ( as it is ●ertainly reported ) was not present at the kings condem●●tion . but , afterward , when the juncto enacted the taking , ●nd themselves also took this new engagement , he not one●y consented in it , bu● ( though against the dictate of his con●●ience , as he had often professed to divers , upon several oc●●sions thereunto ) himself also took it , and subscribed to it : ●herefore , after this thus taking of the engagement , being ●as it too apparently was manifested in him ) greatly troubled ●n conscience about it , he formerly ( i mean , before this ensu●ng fatal act was effected ) had attempted to have destroyed ●imself ; but failing thereof , upon the 30 of ian. last , 1649. ●bout the fore-part of that afternoon , being in his house ●t w●stminster , and watching and obtaining an opportunity of being retired from all company , in his chamber , having provided a cord in his pocket , he most wofully hanged him●elf therewith . of which his most lamentable and despe●●te self-murther , although divers do give various censures , especially the malignant or royal party , principally because he was listed one of the judges of the king , and this his woful self-ruine fell out on the very same day twelve month , and neer upon the very time of that day whereon the king was put to death , ( which i cannot but acknowledge was very remarkable ; ) yet the first and safest use the●eof which godly christians ought to make , may be caution to every one of us , seriously to consider what the apostle paul says , 1 cor. 10.12 . let him that think● he stands , take heed lest he fall . secondly , let , o let those most ungodly self-seeking prescribers of this perjurious engagement , look unto it , and be terrified by it , whom in a most special manner it most neerly concerns . yea● in the third place , let all those false-hearted , posted , perjured divines , which have so sinfully subscribed this engagement , lay this lamentable example close to their hearts ; especially those two unworthy , low-spirited , yet busie champions for the engagement , ( though , god be thanked , with very ill success , both to the scribler and licenser ) m. iohn dury , and m. ioseph caryl , who have so strugled to bring others into the same condemnation with themselves . and in the fourth and last place , let all conscience-muffled and perfidious malignants or royallists also lay this most woful example very close to their souls and consciences ; who , notwithstanding they most falsly pretend ●hemselves to be the loyallest and most loving subjects to our late deceased king and his posterity , and such fast friends to monarchy and kingly government ; yet have most disloyally and and perfidiously taken this engagement , and that upon a most wicked and base maxime of theirs , lately taken up among them , that , he is a fool that will not take it , and he is a knave that will not bre●k it . thus , like atheists indeed , either believing there is no god to punish their perjury , or else that they have god at command , to repent when they please . but let them see and know , ( as here by this most woful example is most evident ) how severely and wrathfully the lord will , sooner or later , be avenged on all perjurers and covenant-breakers : and , let them therefore , ( as that even prophetical author of the arraignm●●t of the engagement , lately published , did religiously advise all prescribers and subscribers of the engagement , in the closure of that his said treatise ; a passage most remarkable , especially considering this most sad example , which fell out so immediately after it , and which therefore cannot be too often inculcated and repeated ; ) let them all ( i say ) either , with pet●r , after he had abjured his lord and master with an oath , go forth , presently , and weep bitterly ; or else , with treacherous iudas , who betrayed his lord and master , to gratifie the high-priests , go forth , despairing , and hang themselves , to avoid the shame of the world , and intolerable anguish of their torm●nting consciences . optimum est alienâ f●ui insaniâ . finis . notes, typically marginal, from the original text notes for div a56136e-80 * io. stow his survey of london , p. 88 , 89 , &c. hollinsh●d , speed & stow in 4 and 5 of r. 2. * fox acts and monum. 1640. vol. 2. p. 665. to 677. nota. * fox acts & monum. vol. 3. p. 13 , 14 , 15 , 16 , &c. hollinshe●● speed & s●ow , in 1 ma●iae . * fox acts and monum. vol. 2. p. 265 , 271 , 272 latimers 7 and 8 sermons * fox acts & monum. vol. 2. p. 297 , 299 , 300 301. * fox acts & monum. vol. 3. p. 666● to 677. a neh. 5.12 , 13. jer. 34.6 . to 20. ezek. 17.11 . to ●2 . zech. 5.1 . to 5. mal. 3.3 . b rom. 1.29 , 30 , 31. 1 tim. 1.10 . 2 tim. 3.3 , 4. part of the famous speech of william prynn esq, decemb. 48, touching k. charles i prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56186 of text r8192 in the english short title catalog (wing p4027). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 23 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56186 wing p4027 estc r8192 12639389 ocm 12639389 64998 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56186) transcribed from: (early english books online ; image set 64998) images scanned from microfilm: (early english books, 1641-1700 ; 773:8) part of the famous speech of william prynn esq, decemb. 48, touching k. charles i prynne, william, 1600-1669. 8 p. s.n., [london : 1648] reproduction of original in huntington library. eng charles -i, -king of england, 1600-1649. great britain -politics and government -1642-1649. a56186 r8192 (wing p4027). civilwar no part of the famous speech of william prynn esq, decemb. 48. touching k. charles i. prynne, william 1648 4162 1 0 0 0 0 0 2 b the rate of 2 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2002-04 tcp assigned for keying and markup 2002-04 apex covantage keyed and coded from proquest page images 2002-05 tcp staff (michigan) sampled and proofread 2002-05 john latta text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion part of the famous speech of william prynn esq decemb. 48. touching k. charles i. the next thing proposed by them for a speedy peace and settlement , is the bringing of the king to speedy justice for all his treasons and blood-shed in the late wars , and to depose and execute him as the greatest capital malefactor in the kingdom : this certainly is a very dangerous and unlikely way to peace and settlement . first of all , the smiting of the shepherd , is the way to scatter , not unite the sheep . the slaying of the king or general in the field , scatters and dissolves the army , not secures them : to cut off a king'dhead , is the next way to destroy , not cure a diseas'd body : such kind of state policy may destroy , or disturb , but never settle us in perfect peace : the prince his next heir , the queen , the duke of york , all his children , and allies both at home and abroad , will certainly meditate revenge , and all kings in christendom will assist them , even for their own interest and safety , least it should become a president for themselves . and will this then secure , or be a likely way to peace or settlement . 2. the greatest part of the members in both houses , the lords , gentlemen , and all sorts of people throughout the kingdom , the whole kingdoms of scotland and ireland , ( who have as great an interest in the kings person , being their lawful king , as we have , and are obliged by allegiance and covenant to protect his person and crown from violence ) will unanimously , as one man oppose and protest against it , and by force of arms , endeavour to bring those to execution who shall presume to advise , or attempt to depose or destroy the king in any kind , contrary to their allegiance and solemn covenant : yea , all protestant realms , churches , states in foreign parts , will abhor both the fact , and adjudge it contrary to their principles and religion , and that which may irritate popish kings , and princes to take up arms to ruine them , lest they should fall into the like practises . and can this then be a safe or speedy way to peace and settlement , especially when we know not what government shall succeed upon it , and can expect nothing but bloody consequences from such a bloody advice . 3dly . i never read of any peace or settlement in any kingdom , where king-killing was practised or approved . when the roman armies began once to kill their emperors , and cut off their heads , they were scarce ever free from civil-wars . one army set up one emperor , another army another , the senate a third , who always warred till they had cut off one anothers heads . most of those emperors had very short reigns , few of them above a year or two , and some of them scarce two months , but most of them untimely deaths . in sclavonia and norway where they had a law , that he that slew a tyrant king , should succeed him in the throne : they had almost every year a new king , perpetual wars and discords , and not one of all their kings for above one hundred years together , ever came to a natural death , but was murthered as a tyrant , and succeeded by a worse and greater tyrant , as saxogramaticus and nubrigensis testify . and in the sacred story it self , it is very observable , that after ten tribes revolted from rehoboam , though by gods justice and approbation for solomons sins ; they had never any peace or settlement , but perpetual wars with one kingdom or another , or between themselves : their kings , or most of them were all tyrants and idolators , and by the just hand of god , for the most part tumultuously slain and murthered one of and by another , who succeeded them : he that murthered his predecessor , being usually slain by his successor , or his predecessors sons , servants , or by the people of the land , in a tumultuous way : in the 2 kings 15. we read in that one chapter , of no less then four of those kings slain , one by another : and as for the people under these kings , they had never any rest , peace , settlement , or freedom , but lived under the greatest misery and oppression that ever any subjects under heaven did , as the sacred history records . this king-killing certainly can be then no probable way at all to peace , safety , settlement , or freedom , but the policy to deprive us eternally of all these , and of god , and religion to boot ; as it did the ten tribes heretofore . 4thly . this way to peace and settlement , is directly contrary to all the former ingagements , oathes , and several petitions , declarations , remonstrances , protestations , and professions of both houses of parliament : to the king , kingdom , people , wherein we have alwayes protested and held forth unto them both before and since the wars . that we will preserve and protect the kings person from danger , support his royal estate with honour and plenty at home , with power and reputation abroad , and by our loyal affections , actions and advice , lay a sure and lasting foundation of the greatness and prosperity of his majesty , and his royal posterity in future times . that we are still resolved to keep our selves within the bounds of faithfulness and allegiance to his sacred person and crown . that we will with our lives , fortunes , estates , and with the last drop of our blood endeavour to support his majesty , and his just soveraignty and power over us ; and to prevent all dangers to his majesties person . that we took up arms as well for a defence of his majesty to protect his person , as the kingdom and parliament ; without any intent to hurt or injure his majesties person or power : professing in the presence of almighty god , that we would receive him with all honour , yeild him all due obedience and subjection , and faithfully endeavour to secure his person and estate from all danger , and to the uttermost of our power to procure and establish to him and his people , all the blessings of a glorious and happy raign ; which both houses several times profest and remonstrated to the world . to murder and depose the king , was such a scandal , as any that profess'd the name of a christian , could not have so little charity as to raise it ; especially when they must needs know , the protestation taken by every member of both houses , whereby they promise in the presence of almighty god , to defend his majesties person ; and all their addresses and petitions to him expressing the contrary : that they never suffered it to enter into their thoughts to depose the king , abhorring the very thought of it , much more the intent . that they never suffered the word deposing the king , to go out of their mouthes , nor the thing to enter into their thoughts . that they rest assured , both god and man will abominate that monstrous and most injurious charge laid upon the representative body of this whole kingdom by the malignant party , against the king , as designing not only the ruine of his majesties person , but of monarchy it self : the authors of which malicious horrid scandal , they profess to make the instances of their exemplary justi●e , so soon as they shall be discovered . now for us after all these multiplyed reiterated protestations , promises , engagements , declarations , remonstrances to all the world , from the beginning of the differences and wars till now , to think or talk of deposing and destroying the king , and altering the government , as the only safe and speedy way to peace and settlement , as the army-remonstrants prescribe ; would be such a most detestable breach of publick faith ; such a most perfidious , treacherous , unrighteous wicked act , as not only gods , angels , and good men ; but the very worst of turks and devils would abhor : and therefore its a miracle to me , that these pretious saints should thus impudently , before all the world propose to the house , and force you to pursue it , to stain your reputation , and make you execrable to god and men . 5thly . the very oath of allegiance , which every one of us hath taken , upon our first admission to be members , engageth us in positive terms , not to offer any hurt or violence to his majesties royal person , state or government ; to bear faith and true allegiance to his majesty , his heirs and successors ; and him and them to defend to the uttermost of our power , against all conspiracies and attempts whatsoever , which shall be made against his or their persons , crown , or dignity : and from our hearts to abhor , detest , and abjure as impious and heretical , this heathnish and turkish doctrine : that princes excommunicated , or deprived by the people , ( as it seems the king is now for extirpating episcopacy , popery , mass , and prelacy out of his dominions by his present concessions , without any possibility or hopes of replanting ) may be deposed or murthered by their subjects , or any other whatsoever . which hellish contrivance and practice , as our whole state and parliament , in the state of 3 jac. cap. 1 , 4 , 5. 35 eliz. cap. 1. and other acts resolve , is the only way to unsettle , ruine and subvert , not to settle and establish the peace and government of our realm . and both houses since this parliament , have by a solemn protestation , first , and by a solemn league and covenant since , with hands lifted up to the most high god , engaged both themselves and the three kingdoms of england , scotland and ireland , by a most sacred and serious vow and protestation ( purposely made and prescribed by them , for the honour and happiness of the king and his posterity , and the true publick liberty , safety and peace of the three kingdoms , as the title and preface declare ) sincerely , really , and constantly to endeavour with their estates and lives , to preserve and defend the kings majesties person and authority , in the preservation and defence of the true religion and liberties of the kingdom , ( which he hath now fully and actually performed by his concessions in this treaty ) that the world may bear witness with our consciences of our loyalty ; and that we have no thoughts or intentions to diminish his majesties just power and greatness . and shall also with all faithfulness endeavour the discovery of all such as shall be incendiaries , or evil instruments , by dividing the king from his people ; that they may be brought to speedy tryal , and receive condign punishment . and shall not suffer themselves directly , or indirectly , by whatsoever combination or terror , to be withdrawn or make defection from this covenant ; but shall all the days of their lives really and constantly continue therein against all opposition , and promote the same against all lets impediments whatsoever . and this covenant we all made in the presence of almighty god , the searcher of all hearts ; with a real intention to perform the same , as we shall answer at that great day , when the secrets of all hearts shall be disclosed . now how we who are members of this house , or any who are subjects of our three kingdoms , or officers and souldiers in the army , who have taken this oath of allegiance , protestation , league or covenant , or any of them , ( as some of them have done , all or two of them at least , sundry times over ) can , without the highest perjury to god , treachery to the king , perfidiousness to the kingdom , infamy to the world , scandal to the protestant religion , and eternal dishonour to the parliament and themselves , athiestically break through or elude all those most sacred aod religious tyes upon our souls , by a speedy publick dethroning and decolling of the king , and dis-inheriting his posterity ; ( as the army remonstants advise ) and that in the open view of the world , and that all-seeing god to whom we have thus appealed and sworn , by any equivocations or distinctions , ( of which the armies remonstrance is full ) or professions of our damnable hypocrisie in the breaking of them , transcends my understanding . and for those who style themselves saints , and charge this as one of the highest crimes against the king , his frequent breach of oaths and promises , to transcend him and traytors in this very sin , is such a monster of impiety , as i concelve could never have entred into the hearts of infidels , or the worst of men or devils . and to act this under a pretext to preserve and settle the peace of the kingdom , is such a solecism , as militates point-blank against the very words and scope both of this oath , protestation , league , and covenant , which crosseth not the oaths of supremacy and allegiance , but more strongly engageth men to preserve and defend the kings person and autohority , in the preservation and defence of the true religion and liberties of the kingdom ; as the assembly of divines , and both houses affirm in their exbortation to take the covenant , which prescribes this as the only means of securing and preserving peace in all the three kingdoms ; to preserve the person and honour of the king , his crown and dignity , from any such violence and invasion as is now suggested by the army , which all three of them ingage us , and all three kingdoms , with our lives and fortunes really and constantly to oppose , against all lets and impediments , &c. and to bring those to condign punishment as incendiaries and evil instruments who suggest it . so as if the army will proceed in this diabolical destructive way , of treason and ruine , we , and all three kingdoms are solemnly engaged with our estates and lives unanimously to oppose and bring them to justice . and is this then the way to publick peace and settlement , to raise another new war to murder one another in this new quarrel , wherein the army and their adherents , must be the sole malignants and enemies we must fight with , & c ? no verily , but the high-way to the kingdoms and armies ruine , whose commissions we are obliged to revoke ; whose contributions we must in conscience withdraw ; and whose power we must with our own lives resist , unless we will be perjured , and guilty of breach of covenant in the highest degree , if they persist in these anti-covenant demands . 7. the king having granting us whatever we have , or can demand for the safety and preservation of our religion , laws and liberties ; and both houses engaged themselves by vote in answer to the kings propositions , to restore him to a condition of freedom , honour , and safety , according to the laws of the realm , ( which was the armies own proposals in his behalf in august 1647. ) we can neither in honesty , honour , justice nor conscience ( were he ten thousand times worse than the army would render him ) depose and bring him to execution . it being against all the rules of justice , and honour between two professed enemies , who had no relations one to another ; much more between king and subjects in a civil war , a thing without president in any ages . to this the army remonstrance answers , that this would be thought an unreasonable and unbeseeming demand in a personal treaty , between persons standing both free , and in equal ballance of power ; but not when one party is wholly subdued , captivated , imprisoned , and in the others power . but this certainly is a difference spun with an athiestical thred ; for to treat with any king in our power , or out of it , on articles of peace , upon these terms ; that if he consent to them , we will restore him to the throne with honour , freedom , safety ; and when he hath yielded us our demands , then to depose and cut of his head ; is the highest breach of faith , truth , honour , and justice , that can be imagined : and those who dare justifie such perfidious and unchristian dealing , deserve rather the style of turks and athiests , than pious saints . 8. there is no president in scripture , that the general assembly , or sanhedrin of the jews or israelites , did ever judically imprison , depose , or execute any one of the kings of judah or israel , tho' many of them were the grossest idolaters , and wickedst princes under heaven ; who shed much innocent blood , and oppressed the people sundry ways . we know that david himself committed adultery with uriah his wife , a faithful servant and souldier , while he was with his general joab in the field : and then afterwards caused him to be treacherously slain . yet neither the assembly the elders , nor joab and the army under him , did impeach or crave justice against him for these sins , tho' he lived impenitently in them . and when he numbered the people afterwards , for which sin seventy thousand of his subjects lost their lives ; yet was he not arraigned nor deposed for it : and god who is sovereignly just , tho' david was the principal malefactor in this case , if not the sole ; and thereupon , when he saw the angel that smote the people , cried out , lo , i have sinned and done wickedly ; but these sheep , what have they done ? let thy hand be against me and my fathers house : yet god spared him and his houshold , tho' the principals , and punished the people only with death , for this sin of his . after him solomon his son , a man eminent for wisdom and piety at first , apostatiz'd to most gross idolatry of all sorts , to please his idolatrous wives , and became a great oppressor of his people , making their burdens very heavy , yet the subjects or souldiers did neither impeach nor depose him for it : and tho' he were the principal offendor , yet god spared him for davids sake , in not taking the ten tribes from him for these sins , during his life ; though he rent them from his son rehoboam , who was at most but accessary , for his fathers sins , not his . true it is , some of the idolatrous kings of israel , by the just avenging hand of god , were slain by private conspiracies , and popular tumults , in an illegal way : but not deposed nor arraigned by their sanhedrins , or general congregations ; and those who slew them , were sometimes slain by others who aspired to the crown , or by the people of the land , or by their children who succeded them ; and came to untimely tragical ends . 9. tho there be some presidents of popisb states and parliaments deposing their popish kings and emperours at home , and in foreign parts , in an extraordinary way , by power of an armed party : yet there is no president of any one protestant kingdom or state , that did ever yet judically depose or bring to execution , any of their kings and princes , though never so bad , whether protestants or papists ; and the protestants in france , though some of their kings , when they had invested them in their thrones , became apostates to popery , and persecutors of their people ; albeit they resisted them by force of arms in the field to preserve their lives ; did never once attempt to pull them from their thrones , or bring their persons unto justice : and i hope our protestant parliament will never make the first president in this kind , nor stain their honour or religion with the blood of a protestant king , against so many oaths , protestations , covenants , declarations , and remonstrances made and published by them to the contrary . 10. for the presidents of eeward ii. and richard ii. in times of popery , they were rather forcible resignations by power of an army , then judical deprivations , neither of them being ever legally arraigned and brought to tryal in parliament . and mortimer who had the chief hand in deposing king edward ii. in the parliament of 1 e. 3. was in the parliament of 4 e. 3. impeached , condemned , and executed as a traytor , and guilty of high treason , for murdering edw. ii. after he was deposed , at berkley-castle , and sir simon bereford , ( together with thomas gurney and will. ocle ) were adjudged traytors for assisting him therein ; one of them executed , and great rewards promised to the apprehenders of the other two . and as for richard ii. though he was deposed after henry iv. was crowned by pretence in parliament : yet this deposition was after his resignation only , not before it : and without any formal tryal or arraignment , or any capital judgment of death against him ; for which i find no president in any parliament of england , scotland , france , nor yet in denmark it self , though an elective kingdom ; who , though they justly deposed christiern ii. for his most abominable tyranies and cruelties ; yet they never adjudged or put him to death , but only restrained him as a prisoner . i shall only add this , that though the elective kindoms of hungary , bohemia , poland , denmark , and sweden , have in their parliaments and diets deposed sundry of their kings for their wickednesses and tyrany ; yet they never judically condemned any one of them to death , though papists . and for a protestant parliament ( to please an army only , acted by traytors in this particular ; to render both parliament , army , and our religion too , for ever execrable throughout the world , and set all mens pens and hands against them to their ruine , to begin such a bloody president as this , upon a most false pretext , of settling peace ; contrary to the express command of god himself , who commands christians , to pray for kings , and all in authority , that they may live a quiet and peaceable life under them in all godliness and honesty , ( not to depose or cut off their heads ) as the only way to peace and settlement ; will not only be scandalous but monstrous . finis . a legal vindication of the liberties of england, against illegal taxes and pretended acts of parliament, lately enforced on the people: or, reasons assigned by william prynne of swainswick in the county of sommerset, esquire, why he can neither in conscience, law, nor prudence, submit to the new illegal tax or contribution of ninety thousand pounds the month; imposed on the kingdom by a pretended act of some commons in (or rather out of) parliament, april 7 1649. (when this was first penned and printed,) nor to the one hundred thousand pound per mensem, newly laid upon england, scotland and ireland, jan. 26. 1659 by a fragment of the old commons house, ... prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91207 of text r207282 in the english short title catalog (thomason e772_4). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 240 kb of xml-encoded text transcribed from 45 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91207 wing p3998 thomason e772_4 estc r207282 99866343 99866343 118614 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91207) transcribed from: (early english books online ; image set 118614) images scanned from microfilm: (thomason tracts ; 118:e772[4]) a legal vindication of the liberties of england, against illegal taxes and pretended acts of parliament, lately enforced on the people: or, reasons assigned by william prynne of swainswick in the county of sommerset, esquire, why he can neither in conscience, law, nor prudence, submit to the new illegal tax or contribution of ninety thousand pounds the month; imposed on the kingdom by a pretended act of some commons in (or rather out of) parliament, april 7 1649. (when this was first penned and printed,) nor to the one hundred thousand pound per mensem, newly laid upon england, scotland and ireland, jan. 26. 1659 by a fragment of the old commons house, ... prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91207 of text r207282 in the english short title catalog (thomason e772_4). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread [4], 72, 69-80 p. printed for edw. thomas at the adam and eve in little britain, london, : 1660. text is continuous despite pagination. postscript pp. 69-80. annotation on thomason copy: "feb: 2 1659"; the 0 in the date has been crossed out. reproduction of the original in the british library. eng england and wales. -early works to 1800. england and wales. -parliament -early works to 1800. taxation -law and legislation -england -early works to 1800. great britain -history -civil war, 1642-1649 -finance -early works to 1800. a91207 r207282 (thomason e772_4). civilwar no a legal vindication of the liberties of england, against illegal taxes and pretended acts of parliament, lately enforced on the people: or, prynne, william 1660 41424 148 5 0 0 0 0 37 d the rate of 37 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 apex covantage keyed and coded from proquest page images 2007-04 john latta sampled and proofread 2007-04 john latta text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a legal vindication of the liberties of england , against illegal taxes and pretended acts of parliament , lately enforced on the people : or , reasons assigned by william prynne of swainswick in the county of sommerset , esquire , why he can neither in conscience , law , nor prudence , submit to the new illegal tax or contribution of ninety thousand pounds the month ; imposed on the kingdom by a pretended act of some commons in ( or rather out of ) parliament , april 7 1649. ( when this was first penned and printed ) nor to the one hundred thousand pound per mensem , newly laid upon england , scotland and ireland , jan. 126. 1659. by a 〈◊〉 of the old commons . house , secluding the whole house of lords , and majority of their hellow members , by armed violence against all rules of law and parliament presidents . esay 1. 7. he looked for judgement , but behold oppression ; for righteousnesse , but behold a cry . psal. 12. 5. for the oppression of the poor , for the sighing of the needy ; new will i arise ( saith the lord ) and will set him in safety from him that would ensnare him . exod. 6. 5. 6. i have also heard the groaning of the children of israel , whom the aegyptians keep in bandage ; and i have remembred my covenant . wherefore say unto the children of israel , i am the lord , and i will bring you out from under the burdens of the aegyptians ; and i will rid you out of their bondage ; and i will redeem you with a stretched out arm , and with great judgements . eccles. 4. 1 , 2. so i returned and considered all the oppressions that are done under the sun , and beh●ld the tears of such as were oppressed , and they had no comforter ; and in the hand of their oppressors there was power , but they had no comforter : wherefore i praised the dead which are already dead , more than the living which are yet alive . the second edition enlarged . london , printed for edw. thomas at the adam and eve in little britain , 1660. errata . page 4. l. 33. to , read by . p. 8. l. 1. seclusion . l. 29. dele in . l. 31. extended . p. 41. l. 10. on . p. 47. l. 2. only . p. 54. l 18. and , r. as . p. 57. l. 4. it is . p. 62. l. 4. obsta . p. 71. l. 35. to . p. 71. l. 1. resolved . l. 8. and , r. as . p. 79. l. 15. and , r. of . margin . p. 9. l. 9. 12 , r. 17. to the ingenuous reader . the reasons originally inducing and in some sort necessitating me to compile and publish this legal vindication , against illegal taxes and pretended acts of parliament , imposed on the whole english nation , in the year 1649. by a small remnant of the commons house , sitting under an armed force , abjuring the king and house of lords , and unjustly secluding the majority of their fellow-commoners , against the very tenor of the act of 17 caroli , c. 6. by which they pretended to sit , the letter of the writs by which they were elected , and those indentures by which they were returned members , the oaths of supremacy , and allegiance , protestation , solemn national league and covenant which they all took as members ; the very first act of parliament made and printed after their first sitting , 16 caroli , c. 1. and many hundreds of declarations , remonstrances , orders , ordinances , votes , from nov. 3. 1640. to dec. 5. 1648. have constrained me now to reprint it with some necessary and usefull additions in the year 1659. above ten years after its first publication : those very rumpers , who on the 7th . of april 1649. imposed a tax of ninety thousand pounds the month on england alone , having on the 26. of january , 1659. presumed to lay a new tax of no lesse than one hundred thousand pounds the month , for six months next ensuing , on england , scotland , and on ireland too , ( never taxed in former ages by intire undubitable english parliaments ) when as by their former order , they advanced and paid in before hand a heavy tax ( illegally imposed on them by a protectorian conventicle ) during those very months for which they are now taxed afresh far higher than before , though totally exhausted with former incessant taxes , free-quarter , militia expences , imposts of all sorts , and utterly undone for want of trade ; and all to keep them in perpetual bondage under armed gards , and iron yoaks , under pretext of making them a new free-state and common-wealth , of the jesuites projection , perpetually to subvert our antient hereditary monarchy , kingdom , and true old english * common-wealth , under which we formerly lived , and flourished with greater freedom , splendor , honour , peace , safety , unity , and prosperity , than we can ever expect under any new form of government or utopian republick whatsoever our whimsical innovators can erect . when our parliaments under our antient and late kings granted any aydes , subsidies , imposts , to supply the publick necessities , as they were alwaies moderate , and temporary , not exceeding the present necessities , and the peoples abilities to pay them ; so they ever received some acts of grace and retribution from our kings , and new confirmations of their great charters , and fundamental laws and liberties , recorded in our parliament rolls and statutes at large . but our new republicans , worse than the old aegyptian pharoes and tax-masters , double our bricks , taxes , yet deny us straw and materials to make or defray them redressing none of all our publick grievances , nor easing us of any unjust burthens or oppressions whatsoever , nor indulging any graces or favours to us , nor yet so much as preserving , or confirming our old grand charte●s , fundamental laws , statutes , for the preservation of our lives , liberties , properties , franchises , freeholds but violating them all in a far highe : and more presumptuous degree , than strafford , canterbury , the shipmony judges , or any of our kings , whom they brand for tyrants , and that after all our late wars and contests for their defence . upon which account , i held it my bounden duty , to enlarge and reprint this vinaication , nor out of any factious or seditions design , but from the impulse of a true heroick english publike spirit , and zeal to defend my native countries undubitable hereditary rights , against all arbitrary tyrannical usurpations and impostors whatsoever ▪ though arrogating to themselves the title and power of the parl. of england , when their own judgements , consciences , as well as all our antient statutes , parliament rolls , laws , judges , law-books and treatises of english parliaments , resolve them , to be no parliament at all , but an * anti-parliamentary conventicle . if i now lose my life ( as i have formerly done my liberty , calling and estate ) for this publike cause , i shall repu●e it the greatest earthly honour and 〈◊〉 to dye a ma●●●● for my dying country , & to redeem her lost liberti●s , with the losse of my momentary life , which will be more i●ksome to me , than the 〈◊〉 death , if protracted only to behold those ruines and desolations , which some grandees tyrannies , and bedlam exorbitances are like speedily to bring upon her , unlesse god himself , by his miraculous provi●●n●●s reflrain their fury , abate their power , and confound their destructive des●gns beyond all humane expectation as he hath done of late , and i trust he will s●dainly do again , to the rejoycing and reviving of all good men . which is the hope and expectation , of thine and his native countries true friend and servant william prynne . lincolns inne , feb. 12. 1659. a legal vindication of the liberties and properties of all english freemen against illegal taxes : or , reasons assigned by william prynne , &c. being on the 7th . of this instant june , 1649. informed by the assessors of the parish of swainswicke , that i was assessed at 2 l. 5 s. for three moneths contribution , by virtue of a ( pretended ) act of the commons assembled in parliament , bearing date the seventh of april last , assessing the kingdom at ninety thousand pounds monthly , beginning from the 25 of march last , and continuing for six moneths next ensuing , towards the maintenance of the forces to be continued in england and ireland , and the paying of such as are thought fit to be disbanded , that so free-quarter may be taken off ; whereof 3075 l. 17 s. 1 d. ob . is monethly imposed on the county , and 4 l. 5 s. 3 d. on the small poor parish where i live ; and being since on the fifteenth of june required to pay in 2 l. 5 s. for my proportion ; i returned the collector this answer , that i could neither in conscience , law , nor prudence in the least measure , submit to the voluntary payment of this illegal tax , and unreasonable contribution , ( after all my unrepaired losses and sufferings for the publick liberty ) amounting to six times more than ship-money , ( the times considered ) or any other illegal tax of the late beheaded king , so much declaimed against in our three last parliaments , by some of those who imposed this . and that i would rather submit to the painfullest death and severest punishment the imposers or exactors of it could inflict upon me by their arbitrary power ( for legal they had none ) than voluntarily pay , or not oppose it in my place and calling to the uttermost ; upon the s●me , if not better reasons , ●● i oppugned a ship-money , knighthood , and other unlawful impositions of the late king and his councell heretofore . and that they and all the world might bear witness , i did it not from meer obstinacy or sullenness , but out of solid real grounds of conscience , law , prudenoe , and publick affection to the weal and liberty of my native country ( now in danger of being ensl●ved under a new vassallage , more g●ievous than the worst it ever yet sustained under the late , or any other of our worst kings ) i promised to draw up the reasons of this my resusal in writing , and to publish them , so soon as possible , to the kingdome for my own vindication , and the better information and satisfaction of all such as are any wayes concerned in the imposing , collecting , levying or paying of this strange kind of contribution . in pursuance whereof , i immediately penned these insuing reasons , against that taxe in 1649. which i augmented with some new additions ▪ against the hundred thousand pound tax each month imposed on us , by our worse then egyptian tax-masters now ; for those very six ensuing months space , they payed in long since , before they became due , by their forced exactions and distresses , against all rules of justice , law , conscience , and presidents of former times ; which i humbly submit to the impartial censure of all conscientious and judicious englishmen : desiring either their ingenuous refutation , if erroneous ; or candid approbation , if substantial and irrefragable , as my conscience and judgement perswade me they are , and that they will appear so to all impartial perusers , after full examination . first , by the fundamental laws , and known statutes of this realm , no tax , tallage , ayd , imposition , contribution , loan or assessement whatsoever , may or ought to be imposed or levied on the free men and people of this realm of england , but by the will and common assent of the earls , barons , knights , burgesses , commons , and whole realm in a free and full parliament , by act of parliament : all taxes , &c. not so imposed , levyed ( though for the common defence and profit of the realm ) being unjust , oppressive , inconsistent with the liberty and property of the subject , laws and statutes of the realm ; as is undeniably evident by the express statutes of magna charta , cap. 29 , 30. 25. e. 1. c. 5 , 6. 34. e. 1. de tallagio non concodendo , c. 1. 14 e. 3. stat. 1. c. 21. stat. 2. c. 1. 15. e. 3. stat. 2. c. 1. stat. 3. cap. 5. 21. e. 3. rot. parl. n. 16. 25. e. 3. c. 8. rot. parl. n. 15. 27. e. 3. stat. 2. c. 2. 36. e. 3. rot. parl. n. 26. 38. e. 3. c. 2. & rot. parl. n. 40. 45. e. 3. rot. parl. n. 42. 51. e. 3. rot. parl. n. 25. 11 h. 4. rot. parl. n. 10. 1. r. 3. c. 2. the petition of right , and resolutions of both houses against loans , 3. caroli : the votes and acts against ship-money , knighthood , tonnage and poundage , and the star-chamber this last parliament , ann. 16. & 17. car. c. 8. 12. 14. 20. and fully argued and demonstrated by mr. william hackwell in his argument against impositions , judg hutton and judg crook in their arguments , and mr. st. john in his argument and speech against ship-money , with other arguments and discourses of that subject : sir edward cook in his 2 instit. ( published by order of the commons house ) pag. 59. 60 ▪ &c. 527 , 528 , 529 , 532 , 533 , &c. with sundry other records and law-books cited by those great rabbies of the law and patriots of the peoples liberties . but the present tax of ninety thousand pounds a moneth , now exacted of me , an. 1649. and this of an hundred thousand pounds each moneth now demanded , was not thus imposed . therefore it ought not to be demanded of , or levied of me ; and i ought in conscience , law and prudence to withstand it as unjust , oppressive , inconsistent with the liberty and property of the subject , laws and statutes of the realm ; even by the junctoes knack of oct. 11. 1659. to make good the assumption , which is onely questionable . first , this tax was not imposed in , but out of parliament , the late parliament being actually dissolved above two moneths before this pretended act , by these tax-imposers taking away the king by a violent death , as is expresly resolved by the parliament of 1 h. 4. rot. parl. n. 1. by the parliament of 14 h. 4. and 1 h. 5. rot. parl. n. 26. cook 4. institutes p. 46. and 4 e. 4. 44. b and i have largely and irrefragably proved : in my true and perfect narrative , 1659. for the king being both the head , beginning , end and foundation of the parliament ( as modus tenendi parliamentum : and sir edward cooks 4 instit. p. 3. resolve ) which was summoned and constituted onely by his writ , now actually abated by his death : and the parliament ( as is evident by the clauses of the several writs of summons to c the lords , and for the election of the knights and burgesses , and levying of their wages ) being only parliamentum nostrum , the kings parliament that is dead , not his heirs and successors ; and the lords and commons being all summoned and authorized by it to come to our parliament , there to be personally present , and confer with us ( nobiscum , not our heirs and successors ) of the weighty and urgent affairs that concerned ( nos ) us and our kingdom of england ; and knights and burgesses receiving their wages for , nuper ad nos ad parliamentvm nostrum veniendo , &c. quod sommoneri fecinus , ad tractandum ibidem super diversis & arduis negotiis nos & statum regni nostri t●ngentibus , as the tenor of the d writs for their wages determines . the king being dead , and his writs and authority by which they were summoned , with the ends for which they were called ( to conferre with us , about us and our kingdoms affairs , &c. being thereby absolutely determined , without any hopes of revival ; the parliament it self must thereupon absolutely be determined likewise ( especially to those who have disinherited his heirs and successors , and voted down our monarchy it self ) and they with all other members of parliament , cease to be any longer members of it , being made onely such by the kings abated writ ; even as all judges , justices of peace , and sheriffs made only by the kings writs or commissions , not by his letters patents , cease to be , judges , justices , and sheriffs by the kings death , for this very reason , because they are constituted justiciarios & vicecomites nostros , ad pacem nostram , &c. custodiendam ; and he being dead , and his writs and commissions expired by his death , they can be our judges , justices , and sheriffs no longer , to preserve our peace , &c. ( no more than a wife can be her deceased husbands wife , and bound to his obedience , from which she was loosed to his death , rom. 7. 2 , 3. ) and his heirs and successors they cannot be , unlesse he please to make them so by his new writs or commissions , as all our e law-books and judges have frequently resolved upon this very reason , which equally extends to members of parliament , as to judges , justices and sheriffs , as is agreed in 4 e. 4. f. 43 , 44. and brook , office and officer , 25 , therefore this tax being clearly imposed not in , but out of , and after the parliament ended by the kings decapitation , and that by such who were then no lawfull knights , citizens , burgesses , or members of parliament , but only private men , their parliamentary authority expiring with the king , it must needs be illegal , and contrary to all the forecited statutes ; as the convocations and clergies tax and benevolence granted after the parliament dissolved in the year 1640. was resolved to be , by both houses of parliament , and those adjudged high delinquents who had any hand in promoting it , as the impeachments against them evidence , drawnup by some now acting . 2. admit the late parliament still in being , yet the house of peers , earls , and barons of the realm were no wayes privy nor consenting to this tax imposed without , yea , against their consents , in direct affront of their * most antient undubitable parliamentary right and privileges , ( these taxmasters having presumed to vote down and null their very house , by their new encroached transcendent power ) as appears by the title and body of this pretended act , entituled by them , an act of the commons assembled in parliament : whereas the house of commons alone , though full and free , have no more lawfull authority to impose any tax upon the people , or make any act of parliament or binding law without the kings or lords concurrence , than the man in the moon , or the convocation , anno 1640. after the parliament dissolved ( as is evident by the expresse words of the fore-cited acts , the petition of right it self ; the acts for the triennial parliament ; and against the proroguing or dissolving this parliament , 16 car. c. 1 , & 7. with all our printed statutes , f parliament-rolls , and g law-books : they neither having nor challenging the sole legislative power in any age ; and being not so much as summoned to , nor constitutive m●mbers of our h antient parliaments , ( which consisted of the king , spiritual and temporal lords , without any knights , citizens or burgesses , as all our histories and records attest ) till 49 h. 3. at soonest ; they having not so much as a speaker or commons house , till after the beginning of king e. the third's reign , and seldom or never presuming to make or tender any bills or acts to the king or lords , but petitions only to them , to redress their grievances and enact new laws , till long after r. the seconds time , as our parliament rolls , and the printed prologues to the statutes of 1 , 4 , 5 , 9 , 10 , 20 , 23 , 36 , 37. and 50 edw. 3. 1 rich 3. 1 , 2 , 4 , 5 , 7 , 9 , 11 , 13 hen. 4. 1 , 2 , 3 , 4 , 8 9 hen. 5. 1 , 2 , 3 , 4 , 6 , 8 , 9 , 10 , 11 , 14 , 15 , 29 , 28 , 29. 39 hen. 6. 1 , 4 , 7 , 8 , 12 , 17. 22 ed. 4. and 1 rich. 3. evidence ( which run all in this form , at the parliament holden , &c. by the advice and assent of the lords spiritual and temporal , and at the special instance and request of the commons of the realm , ( by their petitions put in the said parliament , as some prologues have it . ) our lord the king hath caused to be ordained , or ordained certain statvtes , &c. ) where the advising and assenting to laws is appropriated to the lords ; the ordaining of them to the king ; and nothing but the requesting of , and petitioning for them to the commons , and that both from king and lords , in whom the legislative power principally , and before 49 h. 3. originally and solely resided , as is manifest by the printed prologue to the statute of merton , 20 hen. 3. the statute of mortemain , 7 e. 1. 31 e. 1. de asportatis religiosorum , the statute of sheriffs , 9 ed. 2. and of the templers , 17 ed. 2. to cite no more . therefore this tax imposed by the commons alone without king or lords , must needs be void , illegal , and no wayes obligatory to the subjects . 3. admit the whole house of commons in a full and free parliament had power to impose a tax , and make an act of parliament for levying of it without king or lords ; ( which they never once did , or pretended to in any age ) yet this act and tax can be no waies obliging , because not made and imposed by a full and free house of commons , but by an empty house , packed , swayed , over-awed by the chief officers of the army , and their confederates in the house , who having presumed by mere force , and armed power , against law and without president , to seclude the major part of the house ( at least eight parts of ten ) who by law and custom are the house it self , from sitting or voting with them , contrary to the freedom and privileges of parliament ; readmitting none but upon their own terms of renouncing their own forme , votes touching the kings concessions , and taking their new treasonable engagements , against the king , kingship , and house of lords . an usurpation not to be paralel'd in any age , destructive to the very being of parliaments ; i where all members of both houses are ex debito justitiae , wi●h equal freedom to meet and speak their mind● : injurious to all those counties , cities , borough● , whose knights , citizens and burgesses are secluded , and to the whole kingdom ; yea , contrary to all rules of reason , justice ▪ policy , conscience , and their own agreement of the people , which inhibit the * far lesser part of any councel , court or committee , to oversway , seclude or fore-judg the major number of their assessors , and fellow-members , over whom they can no ways pretend the least jurisdiction ; it being the high way to usher tyranny and confusion into all councels , and realms , to their utter dissolution ; since the king alone without the lords and commons , or the lords alone without the king or commons , may by this new device make themselves an absolute parliament to impose taxes and enact laws without the commons , or any other forty or fifty commoners meeting together without their companions , and secluding them by force , do the like , as well as this remnant of the commons make themselves a complete parliament without the king , lords , or majority of their fellow-members , if they can but now or hereafter raise an army to back them in it , as the army did those sitting 1648. and 1649. and those sitting in 1659 have done , secluding the majority of their old fellow-members by meer armed violence . 4. suppose this tax should bind those counties , cities , and burronghs , whose knights , citizens and burgesses sate and consented to it when imposed , ( though i dare swear much against the minds and wills of all or most of those they represent ; who by the ( k ) armies ▪ new doctrine , may justly question and revoke their authority for this high breach of trust ; the rather , because the knights and burgesses assembled in the first parliament of 13. e. 3. rot. parl. n. 8. did all refuse to grant a great extraordinary subsidie demanded of them ( though not comparable to this ) for the necessary defence of the kingdome against foraign enemies , till they had conferred with the counties and burroughs for which they served , and gained their assents : ) yet there is no shadow of reason , law or equity , it should oblige any of the secluded members themselves , whereof i am one ; or those counties , cities , burroughs , whose knights , citizens and burgesses have been secluded or scared thence by the armies or sitting members fraud , force , violence , or illegal votes for their seculsion ; who absolutely disavow this tax and act as un-parliamentary , illegall , and never assented to by them in the least degree ; since the onely l reason in law , or equity , why taxes or acts of parliament oblige any member , county , burrough or subject , is , because they are parties , and consenting thereunto either in proper person , or by their chosen representatives in parliament ; returned and authorized by indentures under their seals , it being a recieved maxime in all laws , m quod tang it omnes , ab omnibus debet approbari . upon which reason it is judged in our n law-books , that by-laws oblige only those who are parties , and consent unto them , but not strangers , or such who assented not thereto . and ( which comes fully to the present case ) in 7. h. 6. 35. 8. h. 6. 34. brook ancient demesne 20. & patl. 17. 101. it is resolved ; that ancient demesne is a good plea in a writ of wast , upon the statutes of wast , because those in ancient demesne were not parties to the making of them , for that they had no knights nor burgesses in parliament , nor contributed to their expences . and judge brook parliament 101. hath this observable note , it is most frequently found , that wales and county palatines , which came not to the parliament ( in former times , which now they do ) shall not be bound by the parliament of england : for ancient demesne is a good plea in an action of wast , and yet ancient demesne is not excepted ; and it is enacted 2. ed. 6. cap. 28. that fines and proclamations shall be in chester , for the former statutes did not extend to it : and it is enacted , that a fine and proclamation shall be in lancaster . 5. & 6. ed. 6. c. 26. and in a proclamation upon an e●igent is given by the statute in chester , and wales , 1 e. 6. c. 20. and by another act to lancaster . 5. & 6. e. 5. c. 26. and the statute of justices of peace extented not to wales , and the county palatine ; and therefore an act was made for wales and chester , 27. h. 8. c. 5. who had knights and burgesses appointed by that parliament , for that and future parliaments , by act of parliament , 27. hen. 8. cap. 26. since which they have continued , their wages being to be levyed by the statute of 35. h. 8. c. 11. now , if acts of parliament bound not wales and counties palatines , which had anciently no knights nor burgesses in parliament to represent them , because they neither personally nor representatively were parties and consenters to them ; much lesse then can or ought this heavy tax , and illegal act , 1649 , or those of 1659. to bind those knights , citizens and burgesses , or the counties , cities and burroughs they represent , who were forcibly secluded , or driven away from the parliament by the confederacy , practice , orders , commands , or connivance at least , of those now sitting , who imposed these taxes , and passed these strange acts , as the recited lawbooks , and the later clauses in all writs for electing knights and burgesses resolve , much lesse to oblige scotland & ireland , who have * parliaments of their own , and have , yea ought to have no members sitting for them in the english parliaments , who seldom or never imposed taxes on scotland or ireland heretofore , whose taxes were only imposed by their own parliaments , as is evident by claus. 46 e. 3. m. 25. & claus. 47 e. 3. m. 3. my plea for the lords , p. 426 , 427 , 2 r. 2 f. 11 , 12. brook parliament 98. 20 h. 6. f. 8. fitz. prescription 7. and brook prescription 4. they being not so much as a parliament of england , much lesse of scotland & ireland , ( as they stile themselves ) and having no authority by their writs of elections and indentures , to treat or consult of any businesses , but only such as touch and concern the kingdom of england , not the kingdoms of scotland and ireland , not mentioned in the writs or indentures of their elections : especially , because those taxes , are thus imposed by them for the support and continuance of those officers and that army , who trayterously seised and secluded the members from the house , and yet detain some of them prisoners , against all law and justice , and have oft secluded them since : and because the secluded members are the far major part ( above six times as many as those that sate and shut them out by force ) and would no waies have consented to these illegal taxes , or the undue manner of imposing them , without the lords concurrence , had they been present . and , i my self , being both an unjustly imprisoned and secluded member , and neither of the knights of the county of somerset , where i live , present or consenting to these acts or taxes , ( both of them being forced thence by the army , and sitting members , and one of them now dead , and the other excluded ) i conceive neither my self nor the countie where i live , nor the borough for which i served , nor the people of these kingdoms , in the least measure bound by these acts or taxes , but clearly exempted from them , and obliged with all our might and power effectually to oppose them . if any here object , that by the custome of parliament , forty members onely are sufficient to make a commons house of parliament , and there were at least so many present when this tax was imposed : therefore it is valid , obligatory both to the secluded members and the kingdome . i answer : first , that though regularly it be true , that forty members are sufficient to make a commons house to begin praiers , & businesses of lesser moment , in the beginning of the day , till the other members come , and the house be full ; yet 40. were never in any parliament reputed a competent number to grant subsidies , taxes , passe or read bills , or debate or conclude matters of greatest moment ; which by the constant rules , and usage of parliament , were never debated , concluded , passed , but in a free and sull house , when all or most of the members were present , as the parliament rolls , journals , modus tenendi parliamentum , sir edward cooks 4 institutes , p. 1. 2. 26. 35. 36. cromptons jurisdiction of courts , f. 1. &c. 39. e. 3. 7. brook parliament . 27. 1 jac. c. 1. and the many records i have cited to this purpose in my levellers ievelled , my plea for the lords , and memento p. 10. the exact abridgement of the records in the tower , p. 11. 13 14. 19. 31. 36. 43. 46. 50. 51. 66. 69. 73. 74. 78. 90. 92. 96. 105. 120. 144. 152 , 154. 167. 169. 173. 182. 188. 193. 195. 202. 281. 286. 287. 290. 298. 308. 318. 318. 331. 335. 371. 373. 392. 426 , 427. 428. 430. 439. 440. 450. 454. 555. 464. 465. 665. 750. abundantly prove beyond contradiction ; for which cause the members ought to be fined , and lose their wages , if absent without special licence , as modus tenendi parliamentum , 5 r. 2. par. 2. c. 4. 9. h. 8. c. 16. and a collection of all orders , &c. of the late parliament , p. 224. 357. with the frequent summoning and fining absent members evidence . secondly , though forty members onely may peradventure make an house in case of absolute necessity , when the rest through sickness , and publick or private occasions : are voluntarily or negligently absent ; and might freely repair thither to sit or give their votes if they pleased : yet forty members never yet made a commons house by custome of parliament ( there being never any such case till now ) when the rest ( being above four times their number ) were forcibly secluded or driven thence by an army raised to defend them , through the practice , connivance or command of those forty or fifty sitting , of purpose that they should not over nor counter-vote them ; much lesse an house to sequester or expell the other members , or impose any tax upon them . till they shew me such a law , custome or president ( not to be found in any age ) all they pretend is nothing to purpose , or the present case . 3ly . the visible horrid , armed force upon both houses of parliament , suppressing and secluding the whole house of peers , a against their undoubted hereditary and most ancient right to sit and vote in all parliaments of england , ratified by the first act made this parliament , 16 car. c. 1. and the act for the continuance thereof , 17 car. c. 7. by pretext whereof the members now sit ; their forcible seclusion of the far greatest part of the house of commons onely for their vote of dec. 5. 1648. to settle the peace of the kingdoms , after a long-lasting intestine war , upon most safe and honourable terms , by the army raised for their defence to sit and vote in safety ; as it totally subverts all the rights , priviledges , and constitution of our parliaments , so it utterly nalls all their votes , orders , ordinances , taxes , and impositions whatsoever to all intents ; as i shall evidence beyond contradiction . 1. by b the declaration of william lenthal esquire , speaker of the honourable house of commons , printed july 29. 16 7. by his direction then ; and rising up in judgement gainst him and all his sitting conventicles , ever since the forcible exclusion of the most of their fellow-members , and the lords , by their expresse order and confederacy . a declaration of william lenthall esquire , speaker of the honorable house of commons . although it may happily be contrary to the expectation of some , that i attend not the service of the house of commons at this time , as i have constantly done for 7. years last . past , yet can it not be reasonably expected by any that well consider the 1 violence offered to both houses of parl. and to my self in particular on monday last ; insomuch that i can safely take it upon my conscience , and so i doubt not may all the members of both houses also , they sate in continual fear of their lives , and by terrour thereof , were compelled to passe such votes as it pleased an unruly multitude to force upon them ; which as i did then openly declare in the house , so i cannot but believe , that they are all void , and null , being extorted by force and violence , and in that manner that they were ; and 2 i cannot any longer dispence with my self to be an instrument in passing such votes , or to give any colour or shadow of parliamentary authority unto them , which are not the votes of the representative body of the kingdom , but of a tumultuous multitude ; as those must needs be accompted , that seemed to passe the house on monday last , and which shall passe hereafter , untill better provision be made for the safe and free sitting of the houses of parliament ; there being no effectual * course taken by the city since the last adjournment of the houses , to prevent the like tumults for the future , no nor so much as a declaration from them to shew their dislike thereof . but on the contrary , it is generally voyced in the town , that there will be a far greater confluence of apprentices , reformadoes , and others , on friday at the parliaments doors ; and particularly notice was given to me that after they 3 had made the house vote what they please , they would destroy me . i had likewise information given me , that there would be a great number of apprentices of a contrary opinion and affections to the other , about the parliament doors on friday morning , which i fore-saw must of necessity cause a great combustion , and in probability occasion much blood-shed ; the preventing of which mischiefs , together with the considerations aforesaid , have weighed more with me than any thing which may concern my particular , and especially having served the house faithfully and diligently for the space of very near seven years , 4 in a true and parliamentary way of proceedings , that i might not now be made a servant to such a multitude to transfer upon them the colour of parliamentary authority , there withall to abuse and deceive the minds , and to 5 destroy the lives , liberties , and estates of the people of this kingdom ; and having taken a 6 solemn protestation & covenant in my place and calling , to maintain the privileges of parliament , and the rights and liberties of the subjects , i could not now satisfie my self , but by 7 absenting my self at this time , rather than by my presence to give any shadow or countenance of the authority of parliament to such apparent violations thereof . neither can the omission of a circumstance , or some formality in the adjournments of the house , ( when through force and violence it cannot meet and sit in any sort as a parliament ) be any prejudice to the future meetings and proceedings thereof , when it may meet and sit again as a free parliament , it being well known , that nothing can dissolve this parliament but an act of parliament . when a company of apprentices , reformadoes and others , shall call the ordinances of parliament , pretended ordinances ; shall 8 lock the doors of the houses upon them , shall swear , not to let them out till they had passed what they pleased concerning the militia of london , and other things , ( though the houses had immediately before voted otherwise , ) shall threaten the houses in case they did not instantly satisfie their demands ; shall knock , whoot , and hollow continually at the parliament door , that the 9 members could not be heard to speak or debate ; & after that the house of commons had passed a vote concerning the militia of london , and that the speaker by the vote had judged the 10 major part to be for the negative , shall not suffer the house to be divided , but in a thr eatning way require those that 11 gave their votes againstth em , to corne out to them if they would ; when after the house was adjourned , they shall by main force thrust back the speaker again into the house , and force the members in their presence and sight ( divers of them thrusting into the house ) to vote what they demanded : when they shall justle pull and hale the speaker all the way he went down to his cosch , and force him to avoid their violence to betake himself to the next coach he could get into , for refuge : when they shall breath forth bloody threats against the members as they came out of the house , and since against me in particular at the next meeting of the house ( as i am credibly informed ) and where there is no appearance , but that they will continue to do as formerly they have done , or far worse on friday , 12 i couldnot in discharge of my trust , protestation and covenant , sit in the chair of the house of commons whilst it shall be iu such a condition : but so soon as it may sit again in freedome and safety , i shall be ready to attend she service thereof ; but till then , as i have upon the forementioned grounds , fully satisfied my own conscience , so i doubt not but i shall give the whole kingdome ( whose interest is most concerned in it ) ample satisfaction in the necessity of my absence . william lenthall , speaker , 2ly . by the engagement of those lords and commons that went to the army after the apprentices transitory forc● , upon the army-officers invitation ) who subscribed their names thereto , with some others who continued sitting in the houses . die mercurii quarto augusti 1647. we the members of both houses of parliament who absent our selves from the service of the parliament , 1 by reason of the force and violence offered thereunto , by a tumultuous multitude ; having received from his excellency , sir thomas fairfax , a declaration , entituled , a declaration of his exceliency sir thomas fairfax , and his councel of war , on the behalf of themselves and the whole army , shewing the grounds of their present advance towards the city of london ; and having perused the same , we look upon it as a declaration full of truth , the matter of fact being well known unto most of us , who have been ey and ear witnesses thereof ; full of christian , noble , and publick affection to the good , peace and prosperity of the kingdome , and full of integrity and faithfulnesse to the tru● interest of the english nation ; and 2 full of undaunted and generous resolutions to assert the honour and freedome of the parliament , and effectually to vindicate it from the force and violence , whereby it hath been of late trampled under the foot of a rabble of people , unto which force 3 it is still exposed , so as it may be exercised upon them at pleasure : and whilest the parliament remains in such a condition , although it be not dissolvable but by act of parl yet it is suspended from acting as a parliament in all these things , and generally throughout , our sense so fully agreeth with what is expressed in that dcelaration of the army , that we cannot but receive it with much approbation , and also with great thankfulness to god in the first place , and next under him , 4 to this ever faithfull army , for that tender sense expressed therein of our honour and security , who absent our selves from the parliament in regard of that force : and for that high eugagem . of the armie to live & dy with us in this cause . whereupon we cannot but 5 mutually engage our selves , as hereby we do , to live & die with sir the . fairfax and the army , in the vindication of the honour and freedome of the parliament : and we cannot but observe the special providence of god in holding up so extraordinarily 6 this army , & reserving it to take off the scorn of this nation , and to raise up again from the depth of contempt , that once so much honoured , and high esteemed name of a parliament . and whereas in the said declaration , it is desired , that we as persons upon whom 7 their publick trust still remaineth , ( though for the present we cannot exercise the same in a parliamentory way ) would advise his excellency and his councel os wa● in such things as may be for the good of the kingdome ; and for the attaining the ends aforesaid ; we do declare , that we shall be ●ver ready to do it upon all occasions , in such a capacity as we may , 8 till we shall be enabled to discharge our trust in a free parliament , which we conceive we can never do , until the houses of parliament may be absolute judges , and masters of their own securities , and such 9 trayterous , audacious offenders , as have endevoured with so high a hand to destroy the highest authority ( as by the particulars so fully & clearly expressed in the declaration of the army may appear ) shal receive condigne punishment , or at least the parliament put in such a condition , as that they may be able to bring them thereunto : and 10 we trust in god , through his accustomed blessing up●n this army and their assistants , in their honest and just undertakings , the parliament shall speedily be put into a condition to sit like a parl. of england ; and we hope , that 11 every true hearted englishman will put his helping hand to so necessary , so publick , and so honourable a work , as is the vindicating the freedom and honour of parliament , wherein the freedome and honour of all the free born people of this nation are involved . manchester , speaker of the house of peers . * sarisbury denbigh northumberland gray of wark mulgrave kent howard say and seal . 1 william lenthal speaker of the house of commons . 2 lord lisle tho. gray will. pierpoint 3 henry mildmay nathaniel fiennes john fiennes 4 arthur haslerigg william armyn 5 james temple edm. prideaux 6 miles corbet john danvers francis allin john evelin 7 george fleetwood george fennick john blackstone 8 tho. scot tho. scot major 9 roger hill 10 henry martin 11 cornelius holland 12 oliver saint-johns 13 william lemmon 14 william mounson humphry edwards 15 john weaver 16 john corbett 17 thomas lister 18 henry smith 19 nich. love francis pierpoint henry lawrence 20 tho. ougain godfrey boswell 21 henry darley 22 tho. boon 23 peter temple 24 philip smith 25 michael livesey henry hamond gregory norton thomas jarvice william constable 26 william say 27 edward ludlow 28 edward dunce 29 john bingham 30 augustine skinner 31 john trenchard 32 sam. mayn benjamine weston francis thurnow . rowland wilson laurence whitacr● john crowder 33 george piggots john bamfield in all but 58. some 10 or more of which sate in the house in the speakers absence , and went not to the army . of these , 33. are yet living , and sitting now and then , excluding the majority of the house by force , and voting them out ; 5. of them now living are secluded , who subscribed this engagement , the rest since dead . how these subscribers and secluders can look god or men in the face , or justify taxes , knacks and proceedings to be legal and parliamentary , whiles most of the members are kept out by force , after this their subscription and publication to the contrary , under their own hands , let themselves resolve . it will be also worth the enquiry , who was the pen-man and contriver of this engagement . whether it be not more dangerous and treasonable in those members who have since confederated with the army to seclude the lords house , and their own members , than that engagement of the citizens , which the subfcribers hereof voted to be treasonable ? and whether it makes not these sitting members who subscribed it , pre-ingaged parties , and incompetent judges of the secluded , ejected , and imprisoned members , who continued sitting in the house , according to their trust and duty ; and of the accused and imprisoned citizens , who did but defend the parliament then sitting , according to their own votes , ordinances , covenant , and their duty ? 3ly . by sir thomas fairfax letter to the right honourable the lord maior , aldermen , and common-council of the city of london . my lord and gentlemen , you may please to remember the former complyance of this army with your desires , to remove to this distance , and that upon the assurance you gave them of your concurrence with their declared desires , for the setling the liberty and peace of the kingdom , ( against which you never yet offered us one exception , or anie ground of dissent ) as also of your great tendernesse and resolution to secure the parliament and their privileges , from any violence or attempt ; the reason given us of your late listing of new forces , and wherein we did most acquiesce . that upon this confidence we had disposed the armie into several parts of the kingdom ; for the ease of the whole , to above 100. miles distance : we had given up our selves to the effecting of such proposals as might tend to the comfortable settlement of this poor kingdom , and a hopefull way for the speedy relief of ireland . we cannot then but be deeply sensible of the 1 unparalleld violation acted upon the parliament , upon mondy last , by a rude multitude from your city , because therein , the guards sent from the city did not only neglect their duty for the security of the parliament from such violence , and the whole citie to yield anie relief to the houses in that extremity , but i am assured from eye and ear-witnesses , that divers of the common-council gave great encouragement to it , which doth not only 2 gain-say your former professions , but doth violence to those many obligations that ( by your charter , protestation , and sundry other waies ) lye upon you to protect the parliament . for my part , i cannot but look on your selves ( who are in authoritie ) as accountable to the kingdom , for your present interruptions of that hopefull way of peace and settlement , things were in for this nation , and of relieving ireland , occasioned by the late treasonable and destructive engagement : especially the lately prodigious and horrid force done upon the parliament , 3 tending to dissolve all government ; upon which score , we and the whole kingdom shall have cause to put every thing of the like nature that may happen to the parliament , or to any who are friends to them , and this armie , except by your wisdom , care , and industry , the chief actors may be detected , 4 secured and given up to the procuring of justice for the same , and the best endeavors used to prevent the like for the future . and so i rest , your most assured friend to serve you , tho. fairfax . bedford , 29 july , 1647. 4ly by a declaration of sir tho. fairfax , * and his council of war , august 3. 1647. concerning the apprentices force upon the houses ; wherein are these observable passages , monday july the six and twentieth , the common-council of the city presents their petitions to both houses for changing the militia , whereon the house of lords refuse to alter their resolutions ; the house of commons answered , they would take it into consideration the next morning . notwithstanding which , the city and kingdome cannot be ignorant with what rage and insolency the tumult of apprentices , the same day forced both houses . they ( 1 ) blockt up their doors , swearing , they would keep them in , till they had passed what votes they pleased ; they threatned the houses , if they granted not their desires , knocking , whooting , and hallowing so at the parliament-doors , that many times the members could not be heard to speak or debate , not suffering the house of commons to divide for determining such questions , as w●●e put , crying out , 2 that those that gave their votes against them , should be sent out to them ; very often and loudly saying . agree , agree , dispatch , we 'l stay no longer ; and in this outragious manner , they continued at the house door above eight hours together , the city-guards there present nor the city relieving them ; by reason whereof the house was forced to vote what that rude multitude would demand , and then adjourned the house till the next morning ; after which the house rising , the speaker and many members going out of the house , they ( 3 ) forc'd them back again into the house : many of the apprentices pressing in with them , where they stood with their hats on their heads , and compelled the speaker to take the chair , and the house to vote in their presence what they pleased ; committing many other insolencies , as is published by the speaker of the house of commons in his declaration , and is too well known by all then present ; and during the time of this execrable violence done by the said apprentices , 4 westminster hall and the palace yard was fill'd with reformadoes , and other ill-affected persons designed to back them : after this the houses being adjourned till friday following , upon the thursday , the apprentices printed and posted a paper in several places of the city , requiring all their fellows to be early at the parliament the next morning , for that they intended to adjourn by seven of the clock , and that for a moneth . thus the speakrs 5 with many of the members of both houses were driven away from the parliament . these things being seriously considered by us , we have thought fit in the name of the army to declare , that all such members of either house of parliament as are already with the army for the security of their persons , and for the ends aforesaid , are forced to absent themselves from westminster , that 5 we shall hold and esteem them as persons in whom the publick trust of the kingdom is still remaining , though they cannot for the present sit as a parliament with freedom and safety at westminster , and by whose advice and counsels , we desire to govern our selves , in the managing these weighty affairs ; and to that end we * invite them to make repair to this army , to joyn with us in this great cause , we being resolved , and do hereby faithfully oblige our selves to stand by them therein , and to live and die with them against all opposition whatsoever . and in particular , we do hold our selves bound to own that honorable act of the speaker of the house of commons , who upon the grounds he himself expressed in his declaration sent unto us , hath actually withdrawn himself ; and hereupon we do further 6 ingage to use our utmost & speedy endeavours , that he and those members of either house , that are thus inforced away from their attendance at westminster , may with freedom and security sit there , and again discharge their trust , as a free and a legal parliament : and in the mean time we do declare against that late choice of a new speaker by some gentlemen at westminster , as 7 contrary to all right reason , law , and custom ; and we professs our selves to be 8 most clearly satisfied in all our judgements , and are also confident the kingdom will herein concur with us , that as things now stand , there is no free nor legal parliament sitting , being through the aforesaid violence at present suspended : and 9 that the drders , votes , or resolutions , forced from the houses on monday the 26. of july last , as also all such as shall passe in this assembly of some few lords and gentlemen at westminster , under what pretence and colour soever , are unto and null , and ought hot to be submitted unto by the free-born subjects of england . and that we may prevent that slavery designed upon us and the nation , that the kingdom may be restored to a happy state of a visible government , now eclipsed and darkened ; we hold our selves bound by our duty to god and the kingdom , to bring to condign punishment the authors and promoters of that * unparalleld violence done to the parliament ; and in that to all the free-born subjects of england , that are or hereafter shall be ; and therefore we are resolved to march up towards london , where we do expect , that the well-affected people of that city will deliver up unto us ( or otherwise put into safe custody , so as they may be reserved to a legal trial ) the 10 eleven impeached members that have again thrust themselves into the management of publick affairs , by this wicked design . and that all others will give us such assistance therein , 11 that the members of both houses may receive due incouragement to return to westminster , there to sit with all freedom , and so to perform their trust , as shall condues to the settlement of this distracted kingdom ; and to inflict such punishments upon these late offenders , as shall deter any for the future to make the like attempt . our lives have not been dear unto us for the publick good , and being now resolved by the assistance of god , to 12 bring these delinquents to their deserved punishments , as that , than which , there cannot be any thing of more publick concernment to the kingdom , we trust ( if it shall come to that ) our bloud shall not be accounted too dear a price for the accomplishment of it . and if any in the city will ingage themselves against us to protect these persons , and so put the kingdom again into a new and miserable war , the bloud must be laid to the account of such persons , as are the authors thereof . it is our chief aim to settle peace with truth and righteousnesse throughout the kingdom , that none may be oppressed in his just freedom and liberties , 13 much lesse the parliament it self : which things being duly setled , we shall be as ready also to assure unto the king his just rights and authority , as any that pretend it never so much , for the better upholding of an ill cause , and the countenance of tumultuous violence against the parliament : the which our honest , just , and necessary undertakings , as we are resolved to pursue with the utmost hazzard of our lives and fortunes , so we doubt not , but we shall find gods accustomed goodnesse and assistance with us therein , till we have brought them to a good and happy conclusion , for this poor distracted & languishing kingdom . 5ly . by the ordinance of both houses , eagerly promoted by all the fugitive members engaging with the army , and now sitting , as well as others remaining , who condemned and passed votes against the apprentiees tumult during their absence , and never countenanced it in the least degree , as * some scandalously , and falsly suggest . die veneris , 20 aug. 1647. an ordinance for declaring all votes , orders , and ordinances passed in one or both houses since the force on both houses , july 26. until the 6. of this present august 1647. to be null and voyd . whereas there was a visible , horrid , insolent and actual force upon the parliament on monday the 26. of july last : whereupon the speakers and * many members of both houses of parliament , were forced to absent themselves from the service of the parliament ; and whereas those members of the house , could not return to sit in safety , before friday the 6. of august . it is therefore declared by the lords and commons in parliament assembled , that the ordinance of monday the said 26. of july , for the repealing and making void of the ordinance of the 23. of the said july , for the setling of the militia of the city of london , being gained by force and violence ; and all votes , orders , ordinances , passed in either or both houses of parliament , since the said ordinance of the 26. of july , to the said 6. of aug. * are null and void , and were so at the making thereof , & are hereby declared so to be , the parliament being under a force and not free . provided alwaies , and be it ordained , that no person or persons shall be impeached for his or their actions by , or upon , or according to the foresaid votes , orders or ordinances , unlesse he or they shall be found guilty of contriving , acting or abetting the aforesaid visible or actual force ; or being present at , or hearing of the said force , did afterwards act upon the votes so forced , &c. john brown cler. parliamentorum . this force mentioned in all these 5. declarations , engagements , and protests against it , by the army-officers , & fugitive members , was far inferior and no waies comparable to the force upon the secured and secluded members , but far inferior thereto in these respects . 1. that force was only by a few unarmed tumultuous london apprentices , who had neither sword , nor musquet , nor pike , nor stick in their hands ; this upon the secluded members , was by whole regiments , troops , companies of horse and foot , armed with swords , musquets , pikes , pistols . 2. that force was upon this account ; only to presse the houses to repeal an ordinance surreptitiously procured to settle the militia of london , without their privities , to the disservice of the city and parliament , passed but 3. daies before : theirs to prevent a settlement of the peace of the kingdom , upon our vote touching the kings answer to the propositions of both houses , for the publick peace , safety , and honour of the parliament , and three kingdoms . 3. their tumult and force lasted but a few houres , and part of one day , and then vanished : that secluding and securing the members , continued sundry years , and ever since the junctoes two last sittings till this present . 4. that force neither secluded , nor secured , not drove away any one member from the houses during its continuance , but only kept them tumultuously in the house till the ordinance of july 23 was repealed by them , and then vanished : this was purposely imployed to secure above 40. and seclude the majority of the members of the commons house , and whole house of peers by violence , against their privileges , trusts , and our laws ; and is still continued for that end . 5. that force caused some few eminent members , only to absent themselves from the houses , and repair to the army , 3. or 4. daies after the force was ended , upon the armies invitation , being the far lesser part of both houses ; this force secured , imprisoned and actually kept out and drove away 5. parts of 6. from the house , and that by practice and combination of some members of the house , to seclude the rest , lest they should over-vote them ; and since by their expresse orders and commands , kept out by armed guards for that end . 6. this force was by such who were never raised , commissioned , waged to preserve the houses and members from violence , that they might freely sit and vote without disturbance . this by souldiers , specially raised , commissioned , intrusted , paid to defend their persons and privileges , freely to sit and vote without interruption or seclusion . 7. that force was condemned , disowned , by all the members of both houses , as well those who remained sitting , or those who absented themselves . this justified , approved , commanded even by those now sitting , though they condemned it as treasonable and criminal , in these apprentices , and in cromwel , lambert , and other army-officers since , in their own cases . 8. this inconsiderable force , nulled and made void all votes , acts , ordinances passed not only during the continuance of this horrid actual , visible force upon the houses on july 26. but likewise from that day till the 6. of aug. only because those few members ( invited to the army ) were forced , as they affirmed , to absent themselves from the service of the parliament , and could not return to sit in safety before that day , though there was neither force nor guards during that space upon either house to deter or drive them thence . therfore upon all these considerations , the ordinance , made for this first tax of 90000. ( and now for 100000. l. a month ) during the forcible securing , secluding , of the whole house of peers , and majority of the commons house , must much more be null and void , and were so at the time of their making to all intents , the parl. and houses being under a more horrid insolent , visible and actual force , before and at the making of them , keeping out the major part of the members , than ever the apprentices , or any age were forme●ly guilty of ; and so no waies obliging the excluded lords , members , or any others whatsoever , our secluders themselves , and these their resolutions being judges , which do all justify the protestation , published in their names ( though not owned by them ) dec. 11. 15 , 8. to be no j●st cause ●●t their ejection by the pretended ordinance of dec. 5. made by 3. lords , and 45. commoners only , whiles both houses were under the armies force , and so be null and void to all intents . fourthly , neither forty members , nor a whole house of commons were ever enough in any age , by the custom of parliament , or law of england , to impose a tax , or make any act of parliament , without the king and house of lords , as i have already proved , and largely and irrefragably evidenced , in my plea for the lords , and house of peers ; my levellers levelled ; the 1. and 2. part of my register and survey of parliamentary writs ; my true and perfect narrative ; and full declaration of the state of the case of the secluded members ; much lesse can they do it after they ceased to be members by the parliaments dissolution through the kings beheading ; neither were they ever invested with any legal power to seclude or expel any of their fellow members ( especially , if duly elected ) for any vote wherein the majority of the house concurred with them , or for voting against , or differing in their consciences and judgements from them ; nor for any other cause , without the kings and lords concurrence , ( in whom the ordinary judicial power of the parliament resides ) as i have undeniably proved by presidents and reasons in my plea for the lords , p. 305 , to 428. and ardua regni , which is further evident by claus. dors. 7 r. 2. m. 32. & mr. seldens titles of honour , p. 737. banneret camoys case , discharged from being knight of the shire by the kings writ and judgement alone , without the commons vote , because a peer of the realm ; the practice of expelling commons by their fellow commons only , being * a late dangerous , unparliamentary usurpation ( unknown to our ancestors ) destructiue to the privileges and freedom of parliaments , and injurious to those counties , cities , boroughs , whose trustees are secluded ; the house of commons it selfbeing no court of justice to give either an oath or final sentence , and having no more authority to dismember their fellow-members , than any * judges , justices of the peace , or committees have to disjudge , dis-justice , or discommittee their fellow-judges , justices , or committee-men , being all of equal authority , and made members ▪ only by the kings writ and peoples election , not by the houses , or other members votes ; who yet now presume both to make and unmake , seclude and recall , expel and restore their fellow-members at their pleasure , contrary to the practice and resolution of former ages , to patch up a factious conventicle , instead of an english parliament . therefore this objection , no waies invalids this first reason ; why i neither can , nor dare submit to this illegal tax in conscience , law , or prudence , which engage me to oppose it in all these respects . if any object , that true it is , the parliament by the common law and custom of the realm determines by the kings death ; but by the statute of 17 caroli , c. 6. which enacts , that this present parliament now assembled shall not be dissolved unlesse it be by act of parliament to be passed for that purpose ; continues the parliament still in being , notwithstanding the kings beheading , since no act of parliament is passed for its dissolution . the only pretext for to support this continuance of the parliament since the kings violent death . to this i answer , that it is a maxime in law , that every statute ought to be expounded according to the intent of those that made it , and the mischiefs is intended only to prevent , as is resolved in 4 edw. 4. 12. 12 edw. 4. 18. 1 h. 7. 12 , 13. plowd . com. fol. 369. and cooks 4. instit. p. 329 , 330. now the intent of the makers of this act , and the end of enacting it , was not to prevent the dissolution of this parliament by the kings death , ( no wayes intimated nor insinuated in any clause thereof , being a clear unavoidable dissolution of it to all intents , not provided for by this law ) but by any writ or proclamation of the king , by his regal power , without consent of both houses ; which i shall manifest by these reasons . first , from the principal occasion of making this act. the king ( as the commons in their * remonstrance of the state of the kingdom , 15 decemb. 1641 complain ) had dissolved all former parliaments during his reign , without and against both houses approbation , to their great discontent and the kingdoms prejudice , as his father king james had dissolved others in his reign : and during their continuance adjourned and prorogued them at their pleasure . now the fear of preventing of the like dissolution , prorogation , or adjournment of this parliament after the scotish armies disbanding , before the things mentioned in the preamble were effected by the kings absolute power , was the only ground and occasion of this law ( not any fear or thoughts of its dissolution by the kings untimely death , then not so much as imagined , being before the wars or irish rebellion brake forth ) the king very healthy , not antient , and likely then to survive this parliament , and many others , in both houses judgement , as appears by the bill for triennial parliaments . this undenyable truth is expresly declared by the commons themselves in their foresaid remonstrance ; exact collection , p. 5 , 6 , 14 , 17. compared together ; where in direct terms they affirm , the abrupt dissolution of this parliament is prevented by another bill , by which it is provided , it shall not be dissolved or adjourned without the consent of both houses : in the bill for continuance of this present parliament , there seems to be some restraint of the royal power in dissolving of parliaments ; not to take it out of the crown , but to suspend the execution of it for this time and occasion only ; which was so necessarie for the kings own security , and the publick peace , that without it we could not have undertaken any of these great charges , but must have left both the armies to disorder and confusion , and the whole kingdom to blood and rapine . in which passages we have a clear resolution of the commons themselves , immediately after the passing of this act : that its scope and intention , was only to provide against the kings abrupt dissolution of the parliament by his mere royal power , in suspending the execution of it for this time and occasion only , and that for the kings own security , ( not his heirs and successors ) as well as his peoples peace and safety . therefore not against any dissolution of it by his natural ( much lesse his violent ) death ; which can no waies be interpreted , an act of his royal power , ( which they then intended hereby , not to take out of the crown , but only to suspend the execution of it for this time and occasion , and that for his security : ) but a natural impotency , or unnatural disloyalty , which not only suspends the kings power for a time , but utterly destroys and takes away him and it without hopes of revival for ever . secondly , the very title of this act ( an act to prevent inconveniences which may happen by the untimely adjourning , proroguing or dissolution of this present parliament ) intimates as much , compared with the body of it , which provides , as well against the adjourning and proroguing of both or either houses without an act of parliament , as against the dissolution of the parliament without an act. now the parliament cannot possibly be said to be adjourned or prorogued in any way or sense , much lesse untimely , merely by the kings death , ( which never adjourned or prorogued any parliament ) but only by his proclamation , writ , or royal command , to the houses or their speakers , executed during his life , as all our journals , ¶ parliaments rolls and * lawbooks resolve , though it may be dissolved by his death , as well as by his proclamation , writ , or royal command . and therefore this title and act coupling adjourning proroguing and dissolving this parliament together , without consent of both houses , by act of parliament , intended only a dissolution of this parliament by such prerogative waies and means by which parliaments had been untimely adjourned and prorogued as well as dissolved by the kings mere will without their assents ; not of a dissolution of it by the kings death , which never adjourned nor prorogued anie parliament , nor dissolved any formerly sitting parliament in this kings reign , or his ancestors since the death of king hen : the 4th . and king james , the only parliaments we read of dissolved by death of the king since the conquest ; and so a mischief not intended nor remedied by this act . thirdly , the prologue of the act implies as much ; whereas great sums of mony must of necessity be speedilie advanced and procured for the relief of his majesties army and people ( not his heirs or successors ) in the northern parts , &c. and for supplie of other his majesties present and urgent occasions ( not his heirs or successors future occasions ) which cannot be so timely effected as is requisite , without credit for raising the said monies ; which credit cannot be attained , untill such obstacles be first removed , which are occasioned by fears , iealousies and apprehensions of divers of his majesties royal subjects , that the parliament may be adjourned , prorogued or dissolved ( not by the kings sodain or untimelie death , of which there was then no fear , jealousie or apprehension in any his majesties loyal subjects , but by his royal prerogative and advice of ill counsellors ) before justice shall be duly executed upon delinquents , ( then in being , not sprung up since ) publique grievances ( then complained of , not others introduced since this act , ) redressed ; a firm peace betwixt the two kingdoms of england and scotland concluded , and before sufficient provisions be made for the repayment of the said monies ( not others since borrowed ) so to be raised : all which the commons in this present parliament assembled having duly considered , do therefore humbly beseech your majestie , that it may be declared and enacted , &c. all which expressions , related to his late majestie onlie , not to his heirs and successors ; and the principal scope of this act , being to gain present credit to raise monies to disband the scotish and english armies then lying upon the kingdom , manie years since accomplished ; yea justice being since executed upon strafford , canterbury , and other delinquents then impeached ; the publick grievances they complained of ( as the star-chamber , high-commission , ship-mony , tonnage and poundage , fines for knighthood , bishops votes in parliament , with their courts and jurisdictions , and the like ) redressed by acts soon after passed , & a firm peace between both nations concluded before the wars began ; and this preamble's pretensions for this act all fullie satisfied divers years before the kings beheading : it must of necessity be granted , that this statute never intended to continue this parliament on foot after the kings decease : especially after the ends for which it was made were all fully accomplished : and so it must necessarily be dissolved by his death . fourthly , this is most clear by the body of the act it self : and be it declared and enacted by the king our soveraign lord , with the assent of the lords and commons in this present parliament assembled , and by the authority of the same , that this present parliament , now assembled , shall not be dissolved , unlesse it be by act of parliament to be passed for that purpose ; nor shall any time or times during the continuance thereof , be prorogued or adjourned , unless it be by act of parliament , to be likewise passed for that purpose . and that the house of peers shall not at any time or times during this present parliament be adjourned , unlesse it be by themselves ; or by their own order . and in like manner that the house of commons shall not at any time or times during this present parliament be adjourned , unlesse it be by themselves ; or by their own order . whence it is undeniable , 1. that this act was only for the prevention of the untimely dissolving , proroguing and adjourning of that present parliament then assembled , and no other . 2. that the king himself was the principal member of his parliament , yea , our soveraign lord , and the sole declarer and enacter of this law , by the lords and commons assent . 3. that neither this act for continuing , nor any other for dissolving , adjourning or proroguing this parliament , could be made without , but only by and with the kings royal assent thereto ; which the lords and commons assembled in parliament , in their * remonstrance of the 26. of may 1642. oft in terminis acknowledge , together with his negative voyce to bills . 4ly . that it was neither the kings intention in passing this act to shut himself out of parliament , or create both or either house a parliament without a king , as he professed in his {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} c. 5. p. 27. nor the lords nor commons intendment to dismember him from his parliament , or make themselves a parliament without him ; as their foresaid remonstrance testifies , and the words of the act import : neither was it the kings , lords or commons meaning by this act , to set up a parliament only of commons ( much lesse of a remnant of a commons house selected by colonel pride , and his confederates of the army to serve their turns , and vote what they prescribed ) without either king or house of peers ; much lesse to give them any super-transcendent authority to vote down and abolish the king and house of lords , and make them no members of this present or any future parliaments , without their own order or assent , against which so great usurpation , and late dangerous unparliamentary encroachments this very act expresly provides in this clause , that the house of peers ( wherein the king sits as soveraign when he pleaseth , ) shall not at any time or times during this present parliament be adjourned ( much less then dissolved , excluded , or suspended from sitting or voting , which is greater , and that by their inferiours in all kinds , a fragment of the commons house , who can pretend no colour of jurisdiction over them , before whom they alwaies stood bare-headed , like so many grand-jury-men before the judges , and attended at their doors and bar to know their pleasures : ) unlesse it be by themselves , or by their own order . 5. that neither the king , lords nor commons intended to set up a perpetual parliament , and intail it upon them , their heirs or successors for ever , by this act , which would cross and repeal the act for triennial parliaments made at the same time , and on the same * day in law ; but to make provision only against the untimely dissolving of this , till the things mentioned in the preamble were accomplished and setled ; as the preamble , and these oft repeated words , any time or times during the continuance of this present parliament , concludes ; and that during his majesties reign and life , not after his death ; as these words , coupled with the relief of his majesties army and people ; and for supply of his majesties present and urgent occasions in the preamble , manifest . therefore , this act can no waies continue it a parliament after the kings beheading ; much lesse after the forcible exclusion both of the king and lords house , and majority of the commons out of parliament by those now sitting , contrary to the very letter and provision of this act ; by which device the king alone , had he conquered and cut off , or secluded by his forces the lords and commons houses from sitting , might with much more colour have made himself an absolute parliament , to impose what taxes and laws he pleased , on the people ; without lords or commons , or any 40. of the commons house , or any 7. or 8. lords concurring with him , secluding all the rest by armed power , make themselves an absolute standing parliament , for him , his heirs and successors , by vertue of this act , than those few commons sitting since his tryal & death do , or can do . 6. the last clause of this act ; and that all and every ●●ing or things whatsoever done , or to be done , ( to wit , by the king or his authority ) for the adjournment , proroguing or dissolving of this present parliament , contrary to this present act , shall be utterly void and of none effect . now death , and a dissolution of this parliament by the kings death , cannot ( as to the king ) be properly stiled , a thing done , or to be done ( by him ) for the adjournment , proroguing or dissolving of this parliament , contrary to this present act ; which cannot make the kings death utterly void and of none effect , by restoring him to his life again . therefore the dissolution of the parl. by the kings death , is cleerly out of the words and intentions of this act , especially so many years after its enacting . 7. this present parl. & every member thereof , being specially summoned by the kings writ , by the particular name of carolvs rex , not rex in general , only to be his parliament and council , and to confer personally with him , of the great and urgent affairs concerning him and his kingdom , not his heirs and successors ; and these writs , and the elections upon them , returned unto him and his court by indentures , and the persons summoned and chosen by vertue of them , appearing only in his parliament , for no other ends but those expressed in his writs ; it would be both an absurdity and absolute impossibility to assert , that the king , or both houses , intended by this act , to continue this parliament in being after the kings beheading or death : unlesse they that maintain this paradox , be able to inform me and those now sitting , how they can confer and advice with a dead beheaded king , of things concerning him and his kingdom ; and that even after they have abjured his heirs and successors , and royal line , and extirpated monarchy it self , and made it treason to assert or revive it ; and how they can continue still his parliament and council , whose head they have cut off ; and that without reviving or raising him from his grave , or enstalling his right heir and successor in his throne , to represent his person ; neither of which they dare to do , for fear of losing their own heads and quarters too , for beheading him . this tax therefore being imposed on the kingdom long after the kings beheading , and the parliaments actual and legal dissolution by it , must needs be illegal , and meerly void in law to all intents ; because not granted nor imposed in , but totally out of parliament , by those who were then no commons nor members of a parliament , and had no more authority to impose any tax upon the kingdom , than any other forty or fifty commoners whatsoever out of parliament , who may usurp the like authority , by this president , to tax the kingdom or any county what they please , ( yea the whole 3. kingdoms of england , scotland , and ireland , as they now presume ) and then levy it by an army or force of armes , to the peoples infinite , endlesse oppression and undoing . this is my first and principal exception against the legality of this tax , and others they shall impose , which i desire the imposers and levyers of it most seriously to consider , and challenge them all to answer if they can , for our 3. kingdoms present , and posterities satisfaction , by other arguments than imprisonments , close imprisonments , pistols , swords , and armed violence , and that upon these important considerations from their own late declarations . first , themselves in their own declaration of the 9th . of february , 1648. have protested to the whole kingdom : that they are fully resolved to maintain , and shall and will uphold , preserve , and keep the fundamental laws of this nation , for , and concerning the preservation of the lives , properties and liberties of the people , with all things incident thereunto : which how it will stand with the former , and this new tax imposed by them out of parliament , or in a thin house under force , or their act concerning new treasons ; i desire they would satisfie the kingdom , before they levy the one , or proceed upon the other against any of their fellow-subjects , by meer arbitrary armed power against law and right . secondly , themselves in their declaration expressing the grounds of their late proceedings , and setling the present government in way of a free-state , dated 17 martii , 1648. engage themselves : 1. to procure the well-being of those whom they serve : to renounce oppression , arbitrary power , and all opposition to the peace and freedom of the nation : and to prevent to their power , the reviving of tyranny , injustice , and all former evils ( the only end and duty of all their labours ) to the satisfaction of all concerned in it . 2. they charge the late king for exeeeding all his predeoeessors in the destruction of those whom he was bound to preserve ; to manifest which they instance in the loans , unlawfull imprisonments , and othec oppressions which produced that excellent law of the petition of right ; which were most of them again acted , presently after the law made against them , which was most palpably broken by him , almost in every part of it , very soon after his solemn consent given unto it . 1 his imprisoning and prosecuting members of parliament , for opposing his unlawfull will : and of divers 2 worthy merchants for refusing to pay tonnage and poundage , because not granted by parliament ; yet 3 exacted by him expresly against law ; & punishment of many 4 good patriots for not submitting to whatsoever he pleased to demand , though never so much in breach of the known law . the multitude of projects and mouopolies established by him . his design and charge to bring in 5 german-horse , to awe us into slavery : and his hopes of compleating all by his grand project of 6 ship-mony , to subject every mans estate to whatsoever proportion he pleaseth to impose upon them . but above all the english army was laboured by the king to be engaged against the english parliament . a thing of that 7 strange impiety and unnaturalness for the king of england , to sheath their swords in one anothers bowels , that nothing can answer it but his own being a foreiner : neither could it have easily purchased belief , but by his succeeding visible actions in full pursuance of the same . as the kings coming in person to the 8 house of commons to seise the five members , whither he was followed 9 with some hundreds of unworthy debauched persons , armed with swords and pistols , and other arms ; and they attending at the door of the house , ready to execute whatsoever their leader should command them . the oppressions of the council-table , star-chamber , high-commission , court-martial , wardships , purveyances , afforestations , and many others of like nature , ( equalled , if not far exceeded now by sundry arbitrary committees and sub-committee , to name no others , in all manner of oppressions and injustice ) concluding thus : vpon all these and many other unparallel'd offences , upon his breach of faith , of oaths and protestations ; upon the cry of the blood of england and ireland : upon the tears of widows ond orphans , and childless parents , and millions of persons undone by him , let all the world of indifferent men judge , whether the parliament ( you mean your selves only which made this declaration ) had not sufficient cause to bring the king to iustice ? and much more the whole kingdom , and secluded lords and members , to bring you to publick justice ; since you not only imitate , but far exceed him in all and every of these , even by your own verdict . 3. themselves charge the king with profuse donations of salaries and pensions to such as were found , or might be made fit instruments and promoters of tyranny : which were supplied not by the legal justifiable revenue of the crown , but by projects and illegal waies of draining the peoples purses . all which mischiefs and grievances they say will be prevented in their free state , though the quite contrarie way ; as appears by the late large donations of some thousands to mr. * henry martin , the lord lisle , commissary general ireton , cromwell , and others of their members and instruments , upon pretence of arrears , or service , and that out of the monies now imposed for the relief of ireland , and other publick taxes , customs , lands and revenues . and must we pay taxes to be thus prodigally given away and expended ? 4. they therein promise and engage , that the good old laws and customs of england , the badges of our freedom , ( the benefit whereof our ancestors enjoyed long before the conquest , and spent much of their blood to have confirmed by the great charter of the liberties ) and other excellent laws which have continued in all former changes , and being duly executed , are the most just , free , and equal of any other laws in the world , shall be duly continued and maintained by them ; the liberty , property and peace of the subject being so fully preserbed by them , and the common interest of those whom they serve . and if those laws should be taken away , all industry must cease ; all misery , blood and confusion would follow , and greater calamities , then fell upon us by the late kings mis-government , would certainly involve all persons , under which they must inevitably perish . how well they have performed this part of their remonstrance , let their proceedings in their high courts of justice , the long imprisoments and close imprisonments of my self , and other their fellow-members , their acts for new treasons and delinquents , and ejecting their fellow-members and lords out of parliament , without the least impeachment , tryal , accusation , their imprisonment of sir robert pye , the kentish gentlemen , and others , for demanding a free parliament , fair and free elections , restitution of the secluded members , &c. determine . 5. they therein expresly promise , p. 26. to order the revenue in such away , that the publick charges may be defrayed , the souldiers pay justlie and duly setled , that free-quarter may be wholy taken away , and the people eased of their burthens and taxes : and is this now all the ease we feel ; to have all burthens and taxes thus augmented , doubled , trebled , paid in near a year before hand , and then new and greater taxes imposed on them for those verie months they have paid in their old proportion before hand , beyond all presidents of tyranny and oppression in any age , and that by pretended acts made out of parliament , against all these good old laws and statutes , our liberties and properties , which these worse than aegyptian tax-masters have so newly and deeply engaged themselves to maintain and preserve without the least diminution and violation ? 6. that this very juncto , in their act ( as they stile it ) made and published , octob. 11. 1659. intituled an act against the raising of monies upon the people , without their common consent in parliament ; enact and declare , that no person or persons , shall after the xi . of october , 1659. assesse , levy , collect , gather or receive any customs imposts , excise , assesment , contribution , tax , tallage , or any sum or sums of mony , or other imposition whatsoever , upon the people or commonwealth , without their consent in parliament , or as by law might have been done before the 3. of november 1640. and it is further enacted and declared , that every person offending contrary to this act , shall be , and is hereby adjudged guilty of high treason , and shall suffer and forfeit as in case of high treason . which * some of them have declared , to be the fundamental and old law of england , against which no by-law is to be made , and one of the main birth-rights of england . therefore themselves by assessing and imposing many former customs , imposts , excises , assesments and contributions on the people ; and this of one hundred thousand pounds a month , for 6. month jan. 26. 1659. without common consent in parliament , when and whiles 26. of the greatest counties in england , and 11. shires in wales , 14. whole cities , and most boroughs in england , have not so much as one knight , citizen or burgess sitting with them to represent them , and 9. english counties no more but one knight , and but 4. counties , and 2. cities alone , and not above 3. or 4. boroughs their full numbers of knights , citizens and burgesses , sitting with them to represent them ; all the rest to the number of 420. members , besides the whole house of lords , being forcibly excluded or dead ; by the tenor of their own act and decl. are adjudged guilty of high treason , and ought to suffer and forfeit as in case of treason , and all those commissioners named in their act , amounting to above one thousand , and all assessors , collectors and treasurers under them , who shall assesse , levy , collect , gather or receive the same , shall incur the guilt of treason , and suffer and forfeit as in case of high treason ; and their real and personal estates , be confiscated to pay the publick debts , and souldiers arrears . 7. that this anti-parliamentary convention , in their late declaration of jan. 24. have published and declared to the world , that they are resolved to remain constane and immovable , that the people of these nations may be governed from time to time by representatives of parliament , chosen by themselves . that they should be governed by the laws , that all proceedings touching the laws , liberties and estates of the free-people of the commonwealth , shall be according to the laws of the land ; it being their principal care to provideagainst all arbitrarinesse in government . and that it is one of the greatest cares they have upon them , how to give the people that ease , from their present burthens , which their ( undone ) condicion calls for . which how well and faithfully they have performed , and not rather most notoriously violated , let the whole world , god , angels , men , determin , by their imposing a monthly tax of one hundred thousand pounds a month , for the 6. next months , they had paid and advanced before hand : by ordering gen. monk by a vote of their council of state , at whitehall ( afterwards ratisied by a vote , at westminster when executed ) the 9. of this instant february , to march with all his forces into the city of london , to seize and imprison 2. of their aldermen , and sundry of their common-council men in the tower , to pull down and destroy the gates and portcullesses of the city ; to discontinue , null and void the common-council of the city of london for this year , by ordering a bill for the choice of another common-council , with such qualifications as the juncto shall think fit ; which was accordingly executed , and then ratified and approved by their votes ; and by commanding him afterwards to demand the city arms , & to disarm them by force , if they deliver them not upon demands s and all because the common-council upon a petition of the citizens , and remonstrance of the gentlemen , ministers and freeholders of warwickshire , and other counties febr. 8. voted and resolved ; that no person or persons whatsoever , might impose any laws or taxes upon the city and citizens , untill the authority thereof be derived from their representatives in a full and free parliament . and all this without and before the least hearing or examination of the city and common-council : a tyranny , indignity , dishonour and ingratitude not to be paralleld , and never offered in any age to the city and citizens before by any of our kings , for the highest treasons against them , at least before hearing and convicti●● ; much lesse only for demanding and claiming the benefit of those fundamental laws and privileges , for whose defence they had so lately expended so many millions of treasure , and thousands of their lives , to defend them according to these their fresh declarations , and acts encouraging them thereunto ; ( and that after all their former obligations and indearments to the city upon all occasions , and the beheaded kings free confirmation of all their former charters , liberties , privileges , militia , and enlargements of the same , at the treaty in the isle of wight , notwithstanding their taking up armes against him in the parliaments defence ) may now justly irritate and engage the city of london , and all other cities , boroughs , corporations and counties of this realm , unanimously to oppose the present and all other taxes and excises whatsoever , imposed on them by these oppressors , and put their own act in vigorous execution against them , as the worst of tyrants , and invaders of their liberties . thirdly , both houses of parliament joyntly , and the house of commons severally in the late parliament , with the approbation of all , and consent of most now sitting , did in sundry ¶ romonstrances and declarations , published to the kingdom , not only tax the king and his evil counsellors , for imposing illegal taxes on the subjects , contrary to the forecited acts ; the maintenance whereof against all future violations and invasions of the peoples liberties and properties they made one principal ground of our late bloody expensive war ; but likewise professed * that they were specially chosen and intrusted by the kingdom in parliament , and owned it as their duty to hazzard their own lives and estates , for preservation of those laws and liberties , and use their best endeavours that the meanest of the commonalty might enjoy them as their birth-rights , as well as the greatest subject . that every honest man , ( especially those who have taken the late protestation , and solemn league and covenant since ) is bound to defend the laws and liberties of the kingdom against will and power , which imposed what payments they thought fit to drain the subjects purses , and supply those necessities ( which their ill counsel had brought upon the king and kingdom . ) and that they would be ready to live and dye with those worthy and true-hearted patriots of the gentry of this nation and others , who were ready to lay down their lives and fortunes , for the maintenance of their laws and liberties : with many such like expressions . which must needs engage me ( a member of that parliament , and patriot of my country ) with all my strength and power to oppose this injurious tax , imposed out of parliament , though with the hazard of my life and fortunes ; wherein all those late secluded lords and members who have joyned in these remonstrances are engaged by them to second me , under pain of being adjudged unworthy for ever hereafter to sit in any parliament , or to be trusted by their counties and those for whom they served . and so much the rather to vindicate the late houses honour and reputation from those predictions and printed aspersions of the beheaded king , now verified as undeniable experimented truths by the antiparliamentary sitting juncto ; * that the maintenance of the laws , liberties , properties of the people , were but only gilded dissimulations , and specious pretences to get power into their own hands , thereby to enable them to destroy and subvert both laws , liberties and properties at last , and not any thing like them ; to introduce anarchy , democracy , parity , tyranny in the highest degree , and new forms of arbitrary government , and leave neither king nor gentleman : all which the people should too late discover to their costs , and that they had obtained nothing by adhering to and complyance with them , but to enslave and undo themselves , and to be at last destroyed . which royal predictions many complain , and all experimentally ●ind too trulie verified by those who now bear rule , under the nam● and visour of the parliament of england , since its dissolution by the kings decapitation , and the armies imprisoning and seclusion of the members and lords , who above all others are obliged to disprove them by their actions , as well as declarations to the people , who regard not words but real performances from these new keepers of their liberties , especially in this first year of englands freedom engraven on all their publick seals , which else will but seal their selfdamnation , and proclaim them the archest impostors under heaven ; and now again in their 3. session , after their two sodain and forcible dissolutions . secondly , should i voluntarily submit to pay this tax , and that by vertue of an act of parliament made by those now sitting , ( some of whose elections have been voted void ; others of them elected by new illegal writs under a new kind of seal , without the kings authority , stile or seal , and that since the kings beheading , as the earl of pembroke , and lord edward howard , uncapable of being knights or burgesses by the common-law or custom of parliament , being peers of the realm ( if now worthy such a title ) as was adjudged long since in the lord camoyes case , claus. dors. 7 r. 2. m. 32. asserted by mr. selden in his titles of honor , part 2. c. 5. p. 737. seconded by sir edward cook in his 4. institut . p. 1 , 4 , 5 , 46 , 47 , 49. and i have proved at large in my plea for the lords and house of peers , ) as i should admit these to be lawfull members , and their unlawfull void writs to be good in law ; so should i tacitly admit , & ex post facto assent to some particulars against my knowledge , judgement , conscience , oaths of supremacy , allegiance , p●otestation , and solemn league and covenant , taken in the presence of god himself , with a sincere heart and real intention to perform the same , and persevere therein all the dayes of my life , without suffering my self directly or indirectly , by whatsoever combination , perswasion or terror to be withdrawn therefrom . as first , that there may be and now is a lawfull parliament of england actually in being , and legally continuing after the kings death , consisting only of a few late members of the commons house , without either king , lords , or most of their fellow-commons : which the very consciences and judgements of all now sitting , that know any thing of parliaments , and the whole kingdom if they durst speak their knowledge , know and believe to be false , yea against their oaths and covenant . secondly , that this parliament ( so unduly constituted , and packed by power of an army combining with them ) hath a just and lawfull authority to violate the privileges , rights , freedoms , customs , and alter the constitution of our parliaments themselves ; imprison , seclude , expel most of their fellow-members for voting according to their consciences ; to repeal what votes , ordinances and acts of parliament they please , erect new arbitrary courts of war and justice to arraign , condemn , execute the king himself , with the peers and commons of this realm by a new kind of martial law , contrary to magna carta , the petition of right , and law of the land : dis-inherit the kings posterity of the crown , extirpate monarchy , and the whole house of peers , change and subvert the antient government , seals , laws , writs , legal proceedings , courts , and coin of the kingdom ; sell and dispose of all the lands , revenues , jewels , goods of the crown , with the lands of deans and chapters , as they think meet ; absolve themselves ( like so many antichristian popes ) with all the subjects of england and ireland , from all the oaths and engagements they have made to the kings majesty , his heirs and successors : yea , from their verie oath of allegiance , notwithstanding this expresse clause in it ( which i desire may be seriously and conscienciously considered by all who have sworn it ) i do believe and in conscience am resolved , that neither the pope , nor any person whatsoever hath power to absolve me of this oath , or any part thereof , which i acknowledge by good and full authoritie to be lawfully ministred unto me , and do renounce all pardons and dispensations to the contrary ; and to dispence with our protestations , solemn league and covenant so lately and * zealously urged and injoyned by both houses on members , officers , ministers , and all sorts of people throughout the realm ; to dispose of all the forts , ships , forces , offices and places of honour , power , trust or profit within the kingdom to whom they please ; to displace and remove whom they will from their offices , trusts , pensions , callings , at their pleasures , without any legal cause or trial : to make what new acts , laws , and reverse what old ones they think meet , to insnare , inthrall our consciences , estates , liberties , lives : to create new ▪ monstrous treasons never heard of in the world before ; and declare real treasons against king , kingdom , parliament , to be no treasons , and loyalty , allegiance , due obedience to our known laws , and consciencious observing of our oaths and covenants ( the breach whereof would render us actual traytors , and perjurious persons ) to be no lesse than high treason , for which they may justly imprison , dismember , disfranchise , displace and fine us at their wills ( as they have done some of late ) and confiscate our persons , lives to the gallows , and our estates to their new exchequer ; ( a tyranny beyond all tyrannies ever heard of in our nation , repealing magna charta , c. 29. 5 e. 3. c. 6. 25 ed. 3. c. 4. 28 ed. 3. c. 3. 37. e. 3. c. 18. 42 e. 3. c. 3. 25 ed. 3. c. 2. 11 r. 2. c. 4. 1 h. 4. c. 10. 2 h. 4. rot. par. n. 60. 1 e. 6. c. 12. 1 mar. c. 1. the petition of right , 3 caroli , the statutes made in the begining of the parliament , 16 caroli c. 1 , 7 , 8 , 10 , 12 , 14 , 20. and laying all our * laws , liberties , estates , lives in the very dust , after so many bloody and costly years wars , to defend them against the kings and others invasions ) raise and keep up what forces they will by sea and land , impose what heavy taxes they please , and renew , increase multiply and perpetuate them on us , and on scotland and ireland too , which no english parliament ever did before , as often and as long as they please , to support their own encroached , more then regal , parliamental , super-transcendent arbitrary power over us , and all that is ours or the kingdoms , at our private and the publick charge , against our wills , judgements , consciences , to our absolute enslaving , and our three kingdoms ruine , by engaging them one against another in new civil wars ; and exposing us for a prey to our forein enemies . all which , with other particulars , lately acted and avowed by the imposers of this tax , and sundry others since by colour of that pretended parliamentary authority by which they have imposed it , i must necessarily admit , acknowledge to be just and legal by my voluntary payment of it , on purpose to maintain an army , to justifie and make good all this by the meer power of the sword , which they can no waies justifie and defend by the laws of god or the realm , or the least colour of reason , justice , honesty , religion , conscience , before any tribunal of god or men , when legally arraigned , as they may one day be . neither of which i can or dare acknowledge , without incurring the guilt of most detestable perjury , and highest treason , against king , kingdom , parliament , laws and liberties of the people ; and therefore cannot yield to this assesment . thirdly , the principal ends and uses proposed in the pr●tended acts and warrants thereupon for payment of this tax , and other taxes since , are strong obligations to me , in point of coùscience , law , prudence , to withstand it ; which i shall particularly discusse the first is , the maintenante and continuance of the pr●sent army and forces in england under the lord fairfax , cromwell , and other commanders since . to which i say , first , as i shall with all readinesse , gratitude and due respect , acknowledge their former gallantry , good and faithfull services to the parliament and kingdom , whiles they continued dutifull and constant to their first engagements , and the ends for which they were raised by both houses , as far forth as any man ; so in regard of their late monstrous defections , and dangerous apostacies from their primitive obedience , faithfulnesse , and engagements in disobeying the commands , and levying open war against both houses of parliament , keeping an horrid force upon them at their very doors ; seising , imprisoning , secluding , abusing , and forcing away their members , printing and publishing many high and treasonable declarations against the institution , privileges , members and proceedings of the late , and being of all futur● parliaments ; imprisoning , abusing , arraigning , condemning and executing our late king , against the votes , faith , and engagements of both houses , and dis-inheriting his posterity , usurping the regal , parliamental , magistratical , and ecclesiastical power of the kingdom to their general-council of officers of the army , and anti-parliamentary conventicles , as the supreme swaying authority of the kingdom , and attempting to alter and subvert the antient government , parliaments , laws , and customs of our realms . and upon serious consideration of the ordinary , unsufferable assertions of their officers and souldiers uttered in most places where they quarter , and to my self in particular , sundry times , * that the whole kingdom , with all our lands , houses , goods and whatsoever we have , is theirs , and that by right of conquest , they having twice conquered the kingdom : that we are but their conquered slaves and vassals , and they the lords and heads of the kingdom : that our very lives are at their mercy and courtesie : that when they have gotten all we have from us by taxes and free-quarter , and we have nothing left to pay them , then themselves will seize upon our lands as their own , and turn us and our families out of doors : that there is now no law in england ( nor never was , if we believe their lying oracle peters ) but the sword ; with many such like vapouring speeches and discourses , of which there are thousands of witnesses : i can neither in conscience , law , nor prudence assent unto , much lesse contribute in the least degree , for their present maintenance , or future continuance , thus to insult , inslave , and tyrannize over king , kingdom , parliament , people at their pleasure , like their conquered vassals . and for me in particular to contribute to the maintenance of those , who against the law of the land , the privileges of parliament , and liberty of the subject , pulled me forcibly from the commons house , and kept me prisoner about 2. months space under their martial , to my great expence and prejudice , and since that , close prisoner near 3. whole years in dunster , taunton and pendennis castles , and thrice forcibly excluded me and other members out of the house , may 7. and 9. and decemb. 27. 1659. without any particular cause pretended or assigned , only for discharging my duty to the kingdom , and those for whom i served in the house , without giving me the least reparation for this unparallel'd injustice , or acknowledging their offence ( and yet detain some of my then fellow-members under custody by the meer power of the sword , without bringing them to trial ) would be , not ●●ly absurd , unreasonable , and a tacit justification of this h●rrid violence , and breath of privilege , but monstrous , unnatural , perfidious , against my oath and covenant . 2. no tax ought to be imposed on the kingdom in parliament it self , but in case of necessity , for the common good , and defence thereof against forein enemies , or domestique traytors and rebels , as is clear by the stat. of 25 e. 1. c. 6. all acts for taxes , subsidi●s , tenths , aydes , tonnage and poundage , & cooks 2 instit. p. 528. now it is evident to me , that there is no necessity of keeping up this army for the kingdoms common good , but rather a necessity of disbanding it , or the greatest part of it , for these reasons : 1. because the whole kingdom with scotland and ireland are generally exhausted by the late 18. years wars , plunders and heavy taxes ; there being more monies levyed on it by both sides , during these 18. last years , than in all the kings reigns since the conquest , as will appear upon a just computation : all counties being thereby utterly unable to pay it . 2. in regard of the great decay of trade , the extraordinary dearth of cattel , corn , and provisions of all sorts ; the charge of relieving a multitude of poor people , who starve with famine in many places , the richer sort ( eaten out by taxes and free-quarter ) being utterly unable to relieve them . to which i might adde , the multitude of maimed souldiers , with the widows and children of those who have lost their lives in the wars , which is very costly . 3. the heavie contributions to support the army , which destroy all trade , by fore-stalling , engrossing most of the monies of the kingdoms , and enhancing their prices , keeping many thousands of able men and horses idle , only like moths , and locusts to consume other labouring mens provisions , estates , and the publick treasure of the kingdoms , when as their employment in their trades and callings , might much advance trading , and enrich the kingdoms . 4. there is now no visible enemy in the field or elsewhere , and the fitting members boast there is no fear from any abroad , their navie being so victorious . and why such a vast army should be still continued in the kingdom to increase its debts and payments , when charged with so many great arrears and debts already , to eat up the count●y with taxes and free-quarter , only to play , drink , whore , steal , rob , murther , quarrel , fight with , impeach and shoot one another to death as traytors , rebels , and enemies to the kingdom , and peoples liberties , as of late the levellers , and cromwellists did , ( when this was written ) and the lambardists and rumpists since , for want of other imployments , and this for the publick good , transcends my understanding . 5. when the king had two great armies in the field , and many garrisons in the kingdom , this whole army by its primitive establishment , consisted but of twenty two thousand horse , dragoons and foot , and had an establishment only of about fortie five thousand pounds a month for their pay , which both houses then thought sufficient , as is evident by their o ordinances of febr. 15. 1644. and april 4 1646. and when the army was much increased without their order , sixty thousand pounds a month was thought abundantly sufficient by the officers and army themselves , to disband and reduce all super-numeraries , maintain the established army and garrisons , and ease the country of all free-quarter ; which tax hath been constantly pain in all counties . why then this tax to the army should now be raised above the first establishment , when reduced to twenty thousand , whereof sundry regiments are designed for ireland , ( for which there is thirty thousand pounds a month now enacted , beside the sixty for the army ) and this for the common good of the realm , and that the taxes since should be mounted to 120. thousand pounds each month and now again to one hundred thousand pounds for those 6. months , for which they have paid in 35. thousand pounds , 9. months since before hand ; only to murther our protestant brethren , and allies of scotland and holland , destroy and oppresse each other , and keep up an anti-parliamentary conventicle of tyrants and vsurpers , to undo , enslave and ruine our kingdoms , parliaments , and their privileges , against all their former oaths , protestations , declarations , covenants , is a riddle unto me , on rather , a mystery of iniquity ▪ for some mens private ●●●re , 〈…〉 than the publick weal . 6. the militias of every county ( for which there was so great contest in parliament with the late king ) and those persons of interest and estates in every shire or corporation who have been cordial to the parliament and kingdom heretofore , if put into a posture of defence , under gentlemen of quality , and known integrity , as they were under sectaries , quakers , and anabaptists of late , would be a far greater , safer , fitter guard to secure the kingdom & parliament against forein invasions , or domestick insurrections , than a mutinous mercenary army of sectaries , or persons and souldiers of no fortunes , and that with more general content , and the tenth part of that charge the kingdom is now at to maintain this army , & a costly militia besides , and prevent all danger of the undoing pest of free-quarter . therefore there is no necessity to keep up this army , or impose any new tax for their maintenance , or defraying rheir pretended arrears : which i dare aver , the free-quarter they have formerly taken in kinde , and levied in money , if brought to a just account , as it ought , will double , if not treble most of their antient arrears , and make them much indebted to the country . and no reason they should have full pay and free-quarter too , and the country bear the burthen of both , without full allowance of all the quarters levied or taken on them against law , out of their pretended arrears . and if any of the sitting tax-makers here object , that they dare not trust the militia of the cities and counties of the realm with their own or the kingdoms defence : therfore there is a necessity for them to keep up the army , to prevent all dangers from abroad , and insurrections at home . i answer , 1. that upon these pretences these new lords may intail and enforce an army , and taxes to support them , on the three kingdoms till dooms-day . 2. if they be real members who make this objection , elected by the counties , cities and boroughs for which they serve , and deriving their parliamental authority only from the people , ( the * only new fountain of all power and authority , as themselves now dogmatize ) then they are but their servants and trustees , who are to allow them wages , and give them commission for what they act . and if they dare not now trust the people , and those persons of quality , sidelitie , and estate , who both elected , intrusted and impowred them , and are their lords and masters , not slaves or vassals , yea the primitive and supreme power ; it is high time for their electors and masters , ( the people ) to revoke their authoritie , trusts , and call them to a speedie account for all their late exorbitant proceedings , in ejecting the majority of their faithfull fellow members , in whom the people most confided , and for their mispence of the kingdoms treasure ; and no longer to trust those with their purses , liberties , safetie , who dare not now to confide in them , and would rather commit the safeguard of the kingdom to mercenary , indigent souldiers , than to those gentlemen , free-holders , citizens , burgesses , and persons of estate who elected them , whose trustees , servants , and attorneys only they professe themselves , and who have greatest interest both in them and the kingdoms weal , and are those who must pay these mercinaries , if continued . 3. the gentlemen and free-men of england have very little reason any longer to trust the army with the kingdoms , parliaments , or their own liberties , laws , and privileges safeguard , which they have so oft invaded ; professing now , * that they did not fight to preserve the kingdom , king , parliament , laws , liberties and properties of the subject ; but to conquer and pull them down , and make us conquered slaves instead of froe-men : averring , all is theirs by conquest ( which is as much as the king and his cavaliers , or any forein enemy could or durst have affirmed , had they conquered us by battel : ) and if so , then this army is not , cannot be upheld and maintained for the kingdoms and peoples common good and safety , but their enslaving , destruction , and the mere support of the usurped power , authority , offices , wealth and absolute domination only of those generals , officers , junctoes , ( as we have found by sad experience ) who have exalted themselves for the present , above king , parliament , kingdoms , laws , liberties , and those who did entrust them , by the help of this trus●breaking army , who have * lost and stained all the glory of their former noble victories and heroick actions , by their late degenerate unworthy treacheries , practices , and a●e become a reproach to the profession of a souldier , the protestant religion , and the english nation in all christian kingdoms and churches . the second end of this heavy tax of april 7. 1649. is the support and maintenance of the forces in ireland , for which there was only twenty thousand pounds a month formerly allowed , now mounted unto thirty thousand . to which i answer in the first place , that it is apparent by the printed statutes of 25 e. 1. c. 6. 1 e. 3. c. 5 , 7. 18 ed. 3. c. 7. 25 ed. 3. c. 8. 4 h. 4. c. 13. cooks 2. institutes , p. 528. and the protestation of all the commons of england in the parliaments of 1 hen. 5. num . 17. and 7 h. 5. num . 9. that no free-man of england ought to be compelled to go in person , or to pay any tax for or toward the maintenance of any forein war in ireland , or any other parts beyond the sea , without their free consents in full parliament . and therefore this tax to maintain souldiers and the war in ireland ( neither imposed in parliament , much lesse in a full and free one , as i have proved ) must needs be illegal , and no waies obligatory to me , or any other . 2. most of the antient forces in ireland ( as the british army , scots and inchiqueen's , towards whose support the twenty thousand pounds a month was designed ) have been long since declared rebels , traytors , revolters , and are not to share in this contribution : and those now pretending for ireland , being members of the present army , and to be paid out of that establishment , there is no ground at all to augment , but to decrease this former monthly tax for ireland , over what it was before . 3. many of those now pretending for ireland , have been the greatest obstructers of its relief heretofore : and many of those designed for this service by lot , have in words , writing and print protested they never intend to go thither , and disswade others from going , yet take free-quarter on the country and pay too under that pretext . and to force the country to pay contribution and give free quarter to such cheaters and impostors , who never intend this service , is both unjust and dishonourable . 4. if the relief of ireland be now really intended , it is not upon the first , just and pious grounds , to preserve the protestant party there from the forces of the bloodie , popish , irish rebels , with whom ( if report be true ) these sitting anti-monarchists seek and * hold correspondence , and are now actually accorded with owen roe-oneal , and his party of bloudiest papists ( declaring for their new iesuitical common-wealth , and joyning with them in an offensive and defensive war , against the king and kingship : ) but to oppose the kings interest and title to that kingdom ( * setled on him , his heirs and successors for ever by an express act of parliament made in ireland , 23 h. 8. c. 1. and by the statute of 1 jac. c. 1. made in england , yet unrepealed , ) and the protestant remaining party there , adhering to , and proclaiming , acknowledging him for their soveraign ; lest his gaining of ireland should prove fatal to their usurped soveraigntie in england , or conduce to his enthroning here : and by what authority those now sitting can impose , or with what conscience any loyal subject who hath taken the oaths of supremacy , allegiance , and covenant , can voluntarily pay any contributions to deprive the king of his hereditary right , and undoubted title to the kingdoms and crowns of england and ireland , and alter the frame of the antient government and parliaments of our kingdoms , * remonstrated so often against by both houses , and adjudged high treason in canterburies and straffirds cases , for which they were beheaded ; and by themselves in the kings own case , ( whom they decolled likewise ) without incurring the guilt of perjury and danger of high treason , to the loss of his life and estate , by the very laws and statutes yet in force , transcends my understanding to conceive : wherefore i neither can , nor dare in conscience , law , or prudence , submit to this contribution . the 3d. end of this tax , ( and more particularly of this new tax of jan 26. 1659. of one hundred thousand pound the month for 6 months space , after a former tax levied before hand for the self-same months ) is the maintenance of the armies and navyes raised , and continued for the defence of the twice dissipated anti-parliamentarie conventicle , and their utopian common-wealth , and the necessary and urgent occasions thereof , now propounded and insisted on by the sitting members , as the only means of peace and settlement both in church and state : when as in truth it hath been , is and will be the onlie means of unsettlement , and new divisions , wars , oppressions , confusions in both , to their utter ruine and desolation if pursued . which i shall evidence beyond contradiction . 1. this project to metamorphoze our antient hereditary famous , flourishing kingdom into an helvetian and vtopian common-wealth , by popular tumults , rebellion , and a prevalent party in parliament , was originally contrived by father parsons , and other jesuites in spain in the year of our lord 1590. recommended by them to the king of spain to pursue , and was principally to be effected by jesuites , to destroy and subvert our protestant monarchs , kingdoms , and subject them to the tyranny and vassallage of the jesuites , and spaniards , as you may read at large in william watson his quodlibets , printed 1602. p. 92 , 94 , 25 , 286 , 389 , 310 , 330 , 332 , 333 , 334 , 322 , 323 , in his dialogue between a secular priest and a lay gentleman , printed at rhemes , 1601. and in william clarke ( both secular priests ) his answer to father parsons libel , p. 75 , 76 , &c. 2ly . after this it was particularly and by name recommended by thomas campanella ( an italian monk , and arch-machivilian ) to the king of spain , in the year 1600. as the principal means to sow the seeds of divisions and dissentions amongst the english themselves , and to engage england , scotland and ireland in inextricable wars against each other , to divert the english from the indies , and his plate fleet , and reduce them under his universal temporal and the popes spiritual monarchy at last ; as you may read at large in his book de monarchia hispanica , c. 25. now translated into english . 3ly . it was again set on foot and vigorously prosecuted by the jesuites and cardinal richelien of france , in the years 1639 , & 1640. as you may read in my romes master-piece , and epistle to a seasonable legal and historical vindication , &c. of the good old fundamental liberties , laws , &c. of all english freemen , printed 1655. and specially recommended to the french king , and cardinal mazarin his successor at his death , anno 1642. vigorously to pursue , and accomplish by the civil wars raised between scotland and england , and the late king and parliament ; as a historia conte de galeazzo gualdo priorato , part 3. venotiis , 1648. p. 175 , 176. and was accordingly prosecuted by the spanish and french agents , and the jesuites and popish priests , and their seduced proselytes of the juncto and army , as i evidenced at large in my speech , dee . 4. 1648. and the appendix to it ; my soresaid epistle , and true and perfect narrative , may 1659. by evidences past all contradiction . 4ly . it is evident , that the jesuites , and jesuited papists in england , scotland and ireland , with all the b sectarian party of anabaptists , quakers enthisiasts , and sectaries of all sorts ( headed by disguised jesuites , monks , fryers , and popish priests ▪ ) have been the chiefest sticklers of all others for this new projected commonwealth against the king and monarchy , and the only means to extirpate our established protestant ministry , with their maintenance , tithes , glebes , and embroyl us in endless confusions and revolutions of governments , wars , distractions , till we be beggered , destroyed , and made a prey to our forein enemies . 5ly . the king of spain , was the first of all forein kings and states , who owned , cou●ted and ent●ed into a league of amity with our new common-wealth after the kings beheading , as a creature of his own , in opposition to our king and kingship , and engaged us in a war against the dutch , to make himself monarch over us both , according to campanella his advice , de monarchia hisp. c. 25 , & 27. which our republicans punctuallie pursued from 1649 , till 1653. almost to the ruine of us both , by the spaniards gold and policie . 6ly . that the french cardinal mazarin , and other popish kings and states , complyed and confederated with our republicans and late protectors , in opposition to our hereditary protestant king and kingship , purposely to ruine us and our religion at home , and the protestant churches abroad , engaged by their policies in unchristian wars against each other . 7ly . that we have all visibly seen and sensibly felt by twelve years wofull experiment , that this jesuitical project and chymera of a free-state and common-wealth , was propounded by the c army-officers , and the sitting juncto , as the only means of our present and future peace and settlement , both in nov. 1647 , 1648 , 1649. and yet it hath proved ( as i then predicted in my speech and memento ) a perpetual seminarie of new wars , tumults , combustions , changes , revolutions of government , and governours , anti-parliamentarie conventicles , factions , schisms , sects , heresies , confusions , and endlesse taxes , oppressions , ataxies ever since ; both in church , state , court and camp , almost to our inevitable destruction ; and of necessity it will and must do so still . and is it not then a worse than bedlam follie and frenzie for our anti-parliamentarie juncto , swordmen , and republicans , to enforce and impose it on us by mere armed violence against our judgements , reasons , consciences , experiments , and compel us to maintain armies and navies by this new insupportable tax , to set up this romish babel , which hath been , is , and will be the most certain remora and obstacle of our peace and settlement , and most apparent jesuitical , romish , spanish engin , to create more and greater confusions , distractions than before , and effect our inevitable destruction both as men and protestants ? 8ly . that this pretence of erecting a common-wealth was first pretended by cromwell , and carried on with specious pretexts to blind the credulous people , onlie to make way for his own tyrannical and ambitious usurpation of a more than regal and monarchical power over our kingdoms , and settle it on himself and his posteritie in conclusion ; which he effected by degrees . and what intelligent person discerns not the self-same design now couched under it , in other ambitious grandees now in power , most eagerly crying up a free-state and common-wealth upon the same account ? 9ly . the anti-parliamentary , unchristian , atheistical , if not diabolical means , by which this utopian republick was at first endeavoured to be erected , established , and now again re-edified , must needs draw down the full vials of gods wrath and furie upon it , and all its projectors , and our 3. nations too , if they voluntarily submit unto it . it was first ushered in by ambitious , treacherous , perjurious , rebellious army-officers , seduced by romish emissaries , and their confederates in the commons house , forcibly secluding , securring , and ejecting the majoritie of their fellow-members , ( 4. parts of 5. at least ) only for their vote , to proceed to settle the peace of the kingdom , upon the kings concessions , after 7. years intestine wars : by the close imprisonment of sundry of them in remote castles for divers years without examination , hearing , or cause expressed ; by their suppressing & voting down the whole house of lords , without hearing or impeachment , over whom they had no jurisdiction : by murdering their protestant king in a strange court of highest injustice ; by exiling and disinheriting his royal issue , and right heir to the crown , to make way for their own usurpation of soveraign power ; by subverting the fundamental government of the kingdom , and the constitution , rights , privileges of english , scotish , irish parliaments , and their members : by seising upon , disposing and dissipating all the crown lands , revenues , customs , forts , forces , navies of our three kingdoms : by imprisoning , disinheriting , sequest●ing , exiling , destroying , murdering manie thousands of their protestant brethren and allyes of england , scotland , ireland , holland , merely for their loyalty and allegianee : by keeping a perpetual army to over-awe our 3. nations as conquered vassals , bond-slaves , and governing them by armed lust , tyrannie , militarie committees , high courts of justice , major generals , and fleying off their verie skins : by giving a boundlesse libertie to all religions , sects , heresies , blasphemies , jusque datum se●leri , &c. against all laws of god and man , the fundamental laws , statutes , liberties , franchises of the realm , the oaths of homage , fealty , supremacy , allegiance , the protestations , vows , solemn league and covenant , they had frequently taken themselves , and prescribed to others ; yea against many hundreds of votes , orders , ordinances , acts , declarations , remonstrances they had successively made and published to the world , and all sorts of civil and sacred obligations to god , their king , country , the trusts reposed in them by their indentures and commissions as members or souldiers , by exercising a more lawlesse tyranny , and boundlesse military power , than the worst of all our kings in any age : & exacting vaster sums of mony srō the exhausted people in lesse than 10. years space , than all our kings since the norman conquest . and it now carried on again ( after so many sodain , strange & admirable demonstrations of gods indignation against our new babel-builders and their posterities , by his various and successive providences beyond all human apprehensions ) by the self-same violent , exorbitant , unrighteous courses , unbeseeming englishmen or christians ; and now by re-excluding and ejecting all the old secured and secluded members by armed force and injurious votes , without accusation , hearing , crime or impeachment , against all rules of law , justice , and parliamentarie presidents , and of the whole house of lords , against the expresse letter of the act by which they pretend to fit : by bidding open defiance to the addresses and desires of the generality of the nobility , gentry , ministry , freeholders , commoners , citizens , burgesses of most counties , cities and boroughs of england , declaring for a free-parliament , or restitution of all the secluded members ; by imprisoning some * gentlemen & souldiers of quality , for delivering such addresses to their speaker ; by putting far higher affronts and force upon the city and common-council of london , after all their former obligations to them , than ever they received from the worst of our kings in any age , before the least hearing or legal conviction of them as delinquents ; by moving in the house , that all who have declared or made addresses for a free parliament , shall be disabled to elect or be elected members : by taking away the peoples freedoms of election , by prescribing new illegal qualifications ( against * all laws and statutes concerning elections and all forms of antient writs ) both for the persons electing and to be elected to recruit their empty house , of which themselves alone ( not the people ) will be the only judges before they shall be admitted when chosen : whereby they will ( like cromwell , and his council of state ) keep out any the people shall elect , that is not of their confederacy , and admit none but when and whom they please , to perpetuate the parliamentary power , and all places of trust and gain in themselves and their creatures . and because few or none but novices shall sit amongst them in parliamentarie affairs , ( whom they can easily over-reach and rule at their pleasure , being strangers to each other , and parliament proceedings ) they have voted out all the old secluded members ( though twice their number ) and disabled them to be new elected ; or if elected to be re-admitted , unless they will fully submit to the test of their new * qualifications and engagements . which will re-seclude all or most of them , if elected , and prove fatal to the peoples freedom in their elections , and to all parliaments and members in succeeding ages , if submitted to . for if a combined majority of the commons house , who have violated all their primitive oaths , trusts , protestations , covenants , remonstrances , declarations , and so * disabled , and disfranchised themselves from sitting any more as members , or the peoples trustees , may without any new election at all by the people , after their renuntiation and nulling of their first elections , by destroying , and engaging against , that regal power , by which they were first elected , and sitting only by power of the sword , without any qualifications prescribed to themselves ( which they impose on others , and would seclude most of them from being electors or elected members ) having gotten forcible possession of the commons house by armed tyranny and usurpation , after so many declarations , and bloody wars for the defence of the privileges , rights and members of parliament , shall be quietly permitted without any legal impeachment , hearing , tryal , or cause alleged ( but only for one just single vote , decemb. 4. 1648. carryed in a full house after long debate , without any division ) forcibly to seclude and vote out the greatest part of their fellow-members of greatest integritie , interest , ability and faithfulness to the publick , against all rules of law , justice , and parliamentarie proceedings , and their electors wills ; and by new heterogeneal writs derived from another power , and varying in form , from those by which themselves were chosen , to enforce whole counties , cities , and boroughs to elect new knights , citizens and burgesses , to recruit their empty house , upon such pernicious qualifications and engagements as themselves prescribe both to the electors and members to be elected ; ( of which themselves will be the only judges , ere they admit them to sit when chosen ) on purpose to carry on their own private designs , and force what government they please upon the people , against their publick interest , and desires , to perpetuate our confusions , oppressions , unsettlements , and to disable whom they please to elect or be elected , without any publick opposition by the secluded members and people then endeavoured ; then farewell parliaments , laws and liberties for ever . fourthly , the coercive power , and manner of levying this contribution , expressed in the act , is against the law of the land , and libertie of the subject , which is threefold . first , distresse and sale of the goods of those who refuse to pay it ; with power to break open their houses ( which are their castles ) doors , chests , &c. to distrain ; which is against magna chart. c. 29. the petition of right , 3 car. the votes of both houses in the case of shipmony , 1 r. 2. c. 3. and the resolution of our judges and law-books , 13 edw. 4 9. 20 e. 4. 6. cook 5 report , f. 91 , 92. semains case , and 4 inst. p. 176 , 177. secondly , imprisonment of the bodie of the party till he pay the contribution ; which is contrarie to magna charta , c. 29. the petition of right , the resolution of both houses in the parliament of 3 caroli , in the case of loans ; and 17 caroli , in the case of shipmony , the judgement of our judges and law-books , collected by sir edward cook in his 2 inst. p. 46 , &c. the statute of 2 h. 4 ▪ rot . parl. n. 6. 16 car. c. 1 , 8 , 10 , 12 , 14 , 20. most expresse in point . thirdly , levying of the contribution by souldiers and force of arms , in case of resistance , and imprisoning the person by like force , adjudged high treason , in the case of the earl of trafford , and a levying of war within the statute of 25 ed. 3. by the last parliament , for which he lost his head : and proved to be high treason , at large by master st. john , in his argument at law at the passing the bill for his attainder , printed by order of the commons house . fourthly , ( which heightens the illegality of these illegal means of levying it ) if any person whose goods are distrained , or person imprisoned for these illegal caxes , shall bring his action at law , or an habeas corpus for his relief , or action of false imprisonment , as he may justly do , not onely those who now stile themselves judges , forgetting the cases of judge thorp , tresilian , and others , of old , and the impeachments of the late shipmony judges in the beginning of this parliament , with mr. st. johns speech and declaration against them , worthy their perusal , will deny , or delay to right and release them ; ( for which they deserve thorps and tresilians punishments ) but if these fail them , at least wise the new illegal committee of indempnity will stay his legal proceedings , award costs against him , commit him anew till he pay them , and release his sut es at law , and upon an habeas corpus their own sworn judges ( created by them , without any oath to do equal justice , &c. to all : but onely to be true and faithfull to their new ere●ted state , and sitting amongst them as members ) dare not bail , but remaund him against law ; an oppression and tyranny far exceeding the worst of the beheaded kings ; under whom the subjects had free-liberty to sue and proceed at law , both in the cases of loans , shipmony and knighthood , without any council-table , or committee of indempnity , to stop their sutes , or force them to release them ; and therefore in all these respects ( so repugnant to the laws and liberty of the subject ) i cannot submit to these illegal taxes , but oppugn them to the uttermost , as the most destructive to our laws and libertie , that ever were . fifthly , the time of the imposing of this illegal tax , with these unlawfull wayes of levying it , is very confiderable , and sticks much with me ; it is ( as the imposers of it declare and publish in many of their new kind of acts and devices ) in the first year of englands liberty , and redemption from thraldom , & this last after its new revival after 6. years interruption and inter-regnum by oliver & his son richard . and if this unsupportable tax , thus illegally to be levied , be the first frui●s of our first years freedome and redemption from thraldom , as they stile it ; how great may we expect our next years thraldom will be , when this little finger of theirs is heavier by far than the kings whole loins , whom they beheaded for tyranny and oppression ? 6ly . the order of this ( first ) tax ( if i may so term a disorder ) or rather newn●ss of it , engageth me , and all lovers of their countries liberty , unanimously to withstand the same . it is the first , i find , that was ever imposed by any who had been members of the commons house after a parliament dissolved , the lords house voted down , and most of their fellow commoners secured or secluded by their connivance or confederacy with an undutifull army at first : and this latter , the first doubled tax upon the people , for the very moneths they advanced , & ● aid in beforehand , by the expresse command and orders of the sitting members , to exclude the secluded ones , not only out of the house it self , but lobby too , into which the meanest footboyes , and porters have free accesse . which if submitted to , and not opposed as illegal , not onely the king , or lords alone without the commons , but any forty or fifty commoners , who have been members of a parliament , gaining forces to assist and countenance them , may out of parliament , now , or any time hereafter , do the like , and impose what taxes and laws they please upon the kingdom , and the secluded lords and commons that once sate with them , and on scotland , and ireland too , being encouraged thereto by such an unopposed president . which being of so dangerous consequence and example to the constitution and privileges of parliament , and liberties of the people , we ought all to endeavour the crushing of this new coc●atrice in the shell , lest it grow up to a fiery serpent , to consume and sting us to death , and induce the imposers of it , to l●de us with new and heavier taxes of this kind , when these expire ( which we must expect , when all the kings , bishops , deans and chapters lands are shared amongst them , sold and spent as they will quickl● be ) if we patientlie submit to this leading decoy : since q binus actus inducit consuetudinem ; as our ancestors resolved , auno 1240. in the case of an unusual tax demanded by the pope● whereupon they all unanimously opposed it at first ; r opprime dum nova sunt subiti mala semina morbi : principiis oqsta ; serò medicina paratur cum mala per longas invaluêre mora● . b●ing the safest rule of state-physick we can follow in such new diseases , which endanger the whole body-politick . upon which grounds the most conscientious gentlemen and best patriots of their countrey opposed loans , shipmouy , tonnage , poundage , knighthood , and the late illegal impositions of the king and his councel in the very beginnings of them , and thought themselves bound in conscience , law , prudence so to do , though there were some colourable reasons and precedents of former times pretended to countenance them . and if thefe worthies conceived themselves thus obliged to oppose those illegal impositions of the king and his councel , though countenanced by some judges opinions as iegal , to their immortal honour , and high esteem both in countrey and parliament , who applauded them as the * principal maintainers of their countries liberties ; then much more ought i , and all other tenderes of their own and countries freedom , to oppose this illegal dangerous contribution imposed on us by a few of our fellow subjects only , without , yea against all law or president to countenance it , being of greater consequence and worser example to the kingdom , than all or any of the kings illegal projects or taxes . seventhly , the excessiveness of this tax , much raised and encreased , when we are so much exhausted , and were promised and expected ease from taxes , both by the army in their remonstrance november 20. 1648. and by the * imposers of it , ( amounting to a sixth part , if not a moyety of most mens estates ) is a deep engagement for me to oppose it ; since taxes , as well as s fines and amerciaments , ought to be reasonable ; so as men may support themselves and their families , and not be undone , as many will be by this , if forced to pay it by distress or imprisonment . upon this ground , in the parliament petitions of 1 edward the third , we find divers freed from payment of tenths , and other taxes lawfully imposed by parliament , because the people were impoverished and undone by the wars , who ought to pay them . and in the printed statutes of 31 henr. 6. c. 8. 1 mariae c. 17 to omit others , we find subsidies mitigated and released by subsequent acts of parliament , though granted by p●ecedent , by reason of the peoples poverty and inability to pay them . yea sometimes we read of something granted them by the king , by way of aid , to help pay their subsidies , as in 25 edward 3. rastal tax 9. and 36. ed. 3 c. 14. and for a direct president in point : when t peter rubie the pope's legat in the year 1240. exacted an excessive unusual tax from the english clergy ; the whole clergy of berkshire ( and others ) did all and every of them unanimously withstand it , tendring him divers reasons in writing of their refusal , pertinent to our time and present tax ; whereof this was one , that the re●venues of their churches scarce sufficed to find them daily food , both in regard of their smalness , and of the present dearth of their corn , and because there were such multitudes of poor people to relieve , some of which died of famin , so as they had not enough to suffice themselves and the poor ; whereupon they ought not to be compelled to any such contribution : which many of our clergy may now likewise plead most truly , whose livings are small and their tithes detained ; and divers people of all ranks and callings too , who must sell their stocks , beds , and their houshold ▪ stuff , or rot in prison , if forced to pay it . eighthly , the principal inducement to bring on the payment of this tax , is a promise of taking off the all-devouring and undoing grievance of free-quarter : which hath ruined many countries and families , and yet they must pay this heavy tax to be eased of it for the future , instead of being paid and allowed for what is already past , according to u former engagements ; and yet free-quarter is still taken . against which i have these just exceptions . 1. that the taking of free-quarter by souldiers in mens houses , is a grievance against the very common law it self , which defines every mans house to be his castle and sanctuary , into which none ought forcibly to enter against his will ; and which , with his goods therein , he may lawfully x fortifie and defend against all intruders whatsoever , and kill them without any danger of law : against all the statutes concerning y purveyers , which prohibit the taking of any mens goods or provisions against their wills , or payment for them , under pain of felony , though by commission under the great seal of england . against the expresse letter and provision of the petition of right , 3 caroli . condemned by the commons house in their z declaration of the state of the kingdom of the 15. december , 1641. and charged as an article against king richard the second when deposed , in the parliament of 1 h. 4. nu . 22. yea , it is such a grievance , as exposeth our houses , goods , provisions , monies , servants , children , wives , lives , and all other earthly comforts we enjoy , to the lusts and pleasure of every domineering officer , and unruly common souldier : therefore absolutely to be abolished without any compensation : and to impose an unjust , heavy tax , and induce people to pay it upon hopes of freeing them from free-quarter , is but to impose one grievance to remove another . 2. there have been many former promises , declarations and orders of both houses , and the general , for taking off free-quarter , upon the peoples paying in their contributions before hand , and then non● should afterward free quarter on them , under pain of death : yet no sooner have they paied in their contributions , but they have been free-quartered on as much or more than formerly : the souldiers , when we tell them of any orders against free quarter , slighting them as so many waste papers , and carrying themselves more unruly : and when complaint thereof hath been made to the officers , members , or the committee for the army , or in the house ; answer hath still been made , that as long as there is an army on foot , there will be free-quarter taken , and there can be no prevention of it , there being a necessity for it : and when any have craved allowance of it , they have found so many put offs and delaies , and such difficulties in obtaining it , that their expences have equalled their allowance ; and after allowances made , the monies allowed have been called for again . so as few have had any allowance for quarters , and most have given over suing for t●e● , being put to play an after-game , to sue for them after all their contributions first paid , and not permitted to deduct them out of their contributions , as in justice and reason they ought , which they are still enforced to pay without deduction . this pretext therefore of taking away free-quarter , is but a shoo-horn to draw on the payment of this tax , and a fair pretext to delude the people , as they find by sad experience every where , and in the county and hundred where i resid● . for , not to look back to the last years free-quarter taken on us ( though we duly paid our contributions ) in april and may last past , since this very tax imposed for taking away free-quarter , colonel harrisons troopers under the command of captain spencer , ( who quartered six daies together in a place , and exacted and received most of them 3 s. others 3 s. 6 d. and the least 2 s. 6 d. a day for their quarters , telling their landlords , that their lands , and the whole kingdom was theirs ) have put bathwick , bathford , claverton , combe , hampton , soust●ck , walcot and widcombe , small parishes in our hundred and libertle , as they will prove upon oath , and given it me under their hands , to 94 li. 4 s. 3 d. charge ; beside their quarters in other parishes of the hundred . sir hard●esse wallers souldiers , upon pretext of collecting arrears of contribution not due from the hundred , put it to at least 30 li. charge more for free-quarter , they being very rude and disorderly ; and no sooner were we quit of them , but on the 22. and 23. of may last , col , hunks his foot under the conduct of captain flower and captain eliot , pretending for ireland , but professing they never intended to go thither , marching from minehead and dunster ( the next western ports to ireland ) surther from it , to oppresse the country , put bathwick , langridge , wolly , batheaston , katherin and ford to 28. li. 7 s. and swainswick ( where i live ) to about 20 li expences for two daies free-quarter ( by colour of the generals order dated the first of may ) being the rudest and deboislest in all kinds , that ever quartered since the wars , and far worse than the worst of goring's men , whereof some of them were the dreggs , and their captain flower , a cavalier heretofore in arms ( as i● reported ) against the parliament . their carriage in all places was very rude , to extort money from the people , drawing out their swo●ds , ransacking their houses , beating and threatning to kill them , if they would not give them two shillings six pence , three shillings , three shillings six pence , or at least two shillings a day for their quarters , which when extorted from some , they took free-quarter upon others , taking two , three , and some four quarters a man : at my house they were most exorbitant , having ( as their quarter-master told me , who affirmed to me they had twice conquered the kingdom , and all was theirs ) directions from some great ones above , from some others in the country ( intimating some of the committee ) and their own officers ( who absented themselves purposely , that the souldiers might have none to controul them ) to abuse me . in pursuance whereof , some thirty of them coming to my house , shouting and hollowing in a rude manner on may 22. when their billet was but for twenty , not shewing any authority , but only a ticket , [ mr. prynne — 20. ] climbed over my walls , forced my doors , beat my servants and workmen without any provocation , drew their swords upon me , ( who demanded whose souldiers they were ? by what authority they demanded free-quarter , my house being neither inne , nor ale house ? and free-quarter against law , orders of parliament , and the generals ) using many high provoking speeches , brake som of my windows open , forced my strong-beer cellar-door , and took the key from my servant , ransacked some of my chambers under pretext to search for arms , taking away my servants clothes , shirts , stockings , bands , cuffs , handkerchiefs , and picking the money out of one of their pockets ; hollowed , roared , stamped , beat the tables with their swords and muskets like so many bedlams , swearing , cursing , and blaspheming at every word ; brake the tankards , bottles , cups , dishes wherein they fetched strong beer , against the ground , abused my maid servants , throwing beef and other good provisions at their heads , and casting it to the dogs , as no fit meat for souldiers , and the heads and conquerors of the kingdom , as they called themselves ; searched the out-houses for turkies , which they took from their eggs and young ones , veal and mutton being not good enough for them : they continued drinking and roaring before , at and aftor supper , till most of them were mad-drunk , and some of them dead drunk under the table . then they must have fourteen beds provided for them ( for they would lie but two in a bed ) and all their linnen washed : my sister answering them , that there were not so many spare beds in the house , and that they must be content as other souldiers had been , with such beds as could be spared ; they thereupon threatned to force open her chamber door , and to pull her and her children out of their beds , unlesse she would give them three shillings a piece for their beds , and next dayes quarters ; and at last forced her for fear of their violence ( being all drunk ) to give them eighteen pence a piece , assoon as they were forth of doors , and six pence a piece the next day , if they marched not ; whereupon they promised to trouble the house no more . upon this agreement all but eight ( who were gone to bed ) departed that night , and the rest the next morning . but i going to the lecture at bath , some thirty of them , ● my absence , came about ten of the clock , notwithstanding the monies received of my sister for their quarters , re-entred the house , and would have quarters again , unless she would give them three shillings a piece ; which she refusing , they thereupon abused and beat the servants and workmen , forced them to drink with them all that day and night , swearing , cursing , roaring like so many devils , brake open my parlour , milk-house , & garden-doors , abused my pictures and brake an hole in one of them ; hacked my table-boards with their swords from one end to the other , threw the chairs , stools , meat , drink about the house ; assaulted my sister , and her little children and maid servants with their naked swords threatning to kill them , and kick them to gelly , shot at them with their musquets , and forced them out of the house to save themselves : wch i hearing of , repaired to my house , and finding them all so bedlam mad , that they would not hearken to any reason , nor be quieted , thereupon rode to seek their captain and officers at bath , who purposely absented themselves , and not finding them till the next morning , i acquainted the captain then by speech ( as i had done the first night by letter ) with all these unsufferable outrages of the sould●ers ( contrary to the generals order to carry themselves civilly in their quarters , and abuse none in word or deed ) which would render him and them odious not only to the countrie and kingdom , but to all officers and souldiers who had any civilitie in them , and be a disparagement to the general , by whose proclamation he ought to be present with his company , to keep them in good order , under pain of cashiering : and therefore i expected and required justice and reparations at his hands ; the rather , because i was informed by some of his own souldiers and others , that they had not been so barbarouslie rude , but by his incouragement ; which if he refused , i should complain of him to his superiours , and right my self the best way i might . after some expostulations , he promised to make them examples , and cashier them ; and to remove them forthwith from my house : but the only right i had , was , that more of his company repaired thither , making all the spoil they could , and taking away some brasse and pewter , continued there till near four of the clock ; and then marched away only out of fear i would raise the country upon them ; many of whom profered me their assistance : but i desired them to forbear till i saw what their officers would do ; who instead of punishing any of them , permitted them to play the like rex almost in other places where they quartered since , marching but three or four miles a day , and extorting what monies they could from the country by their violence and disorders . now , for me , or any others to give monies to maintain such deboist bedlams and beasts as these ( who boasted of their villanies , and that they had done me at least twenty pounds spoil in beer and provisions , drinking out five barrels of good strong beer , and wasting as much meat as would have served an hundred civil persons ) to be masters of our houses , goods , servants , lives , and all we have , to ride over our heads like our lords and conquerors , and take free-quarter on us , amounting to at least a full years contribution , without any allowance for it , and that since the last orders against free-quarter , and warrants issued for paying in this tax , to prevent it for the future ; is so far against my reason , judgement and conscience , that i would rather give all away to suppresse , discard them , or cast it into the fire , than maintain such gracelesse wretches with it , to dishonour god , enslave , consume , ruine the country and kingdom ; who every where complain of the like insolencies ; and of taking free-quarter since the ninth of june , as above two hundred of colonel cox his men did in bath the last lords day ; who drew up in a body about the maiors house , and threatned to s●ise and carry him away for denying to give them free-quarter , contrary to the new act for abolishing it . lastly , this pr●tended act implies , that those who refuse to pay this contribution without distresse or imprisonment shall be still oppressed with free-quarter ; and what an height of oppression and injustice this will prove , not only to distrain and imprison those who cannot in conscience , law or prudence submit to this illegal tax , but likewise to undo them , by exposing them to free-quarter , which themselves condemn as the highest pest and oppression , let all sober men consider ; and what reason i and others have to oppose such a dangerous , destructive president in its first appearing to the world . in few words ; as long as we keep an army on foot , we must never expect to be exempted from free-quarter or wars ; or to enjoy any peace or settlement : and as long as we will submit to pay contributions to support an army , we shall be certain our new lords and governors will continue an army to over-awe and enslave us to their wils . therefore the only way to avoid free-quarter , and the cost and trouble of an army , and settle peace , is to deny all future contributions . ninthly , the principal end of imposing this tax to maintain the army and forces now raised , is not the defence and safety of our ancient and first christian kingdom of england , its parliaments , laws , liberties and religion , as at first ; but to disinherit the king of the crown of engl. sootl . and irel. ( to which he hath an undoubted right by the laws of god and man ; as the parliament of 1 jacob . ch. ● . resolves ) and to levy war against him , to deprive him of it : to subvert the antient monarchical government of this realm , under which our ancestors have alwaies lived and flourished , to set up a new-republick , the oppressions : and grievances whereof we have already felt ( by increasing our taxes , setting up arbitrary courts and proceedings to the taking away the lives of the late king , peers , and other subjects , against the fundamental laws of the land , creating new monstrous treasons never heard of in the world before , and the like ; ) but cannot yet enjoy and discern the least ease or advantage by it : to overthrow the antient constitution of the parliament of england , consisting of king , lords , and commons , and the rights and privileges thereof : to alter the fundamental laws , seals , courts of justice of the realm , and introduce an arbitrary government at least , if not tyrannical , contrary to our laws , oaths , covenant , protestation , a publick remonstrances and engagements to the kingdom and forein states , not to change the government , or attempt any of the premises . all which being no lesse than high treason by the laws & statutes of the realm , as sir e. cook in his * inst. & mr. st. john in his argument at law , upon passing the bill of attainder of the e. of strafford ( both printed by the commons special order ) have proved at large by many presidents , reasons , records ; and so adjudged by the last parliament in the cases of strafford and * canterbury , who were condemned and executed as traytors by judgement of parliament , and some of those now sitting , but for some of these treasons upon obscurer evidences of guilt , than are now visible in others , i cannot without incurring the crime and guilt of these several high treasons , and the eternal , if not temporal punishments incident thereunto , voluntarily contribute so much as one penny or farthing towards such treasonable and disloyal ends as these , against my conscience , law , loyalty , duty , and all my oaths , covenants and obligations to the contrary . tenthly , the payment of this tax for the premised purposes , will ( in my poor judgement and conscience ) be offensive to god and all good men , scandalous to the protestant religion , dishonourable to our english nation , and disadvantagious and destructive to our whole kingdom , hindering the speedy settlement of our peace , the re-establishment of our king , laws , the revival of our decayed trade , by renewing and perpetuating our bloody uncivil wars ; engaging scotland & ireland , with forein princes and kingdoms in a just war against us , to avenge the death of our late beheaded king , the dis-inheriting of his posterity , and to restore his lawfull heirs and successors to their just , undoubted rights , from which they are now forcibly secluded ; who will undoubtedly molest us with continual wars ( what-ever some may fondly conceit to the contrary ) till they be setled in the throne in peace upon just and honourable terms , and invested in their just possessions . which were far more safe , honourable , just , prudent , and christian for our whole 3. kingdoms voluntarily and speedily to do themselves , than to be forced to it at last by any forein forces ; the sad consequences whereof we may easily conjecture , and have cause enough to fear , if we now delay it , or still contribute to maintain armies to oppose their titles , and protect the invaders of them from publick justice . and therefore i can neither in conscience , piety nor prudence , ensnare my self in the guilt of all these dangerous treasonable consequences , by any submission to this illegal tax . upon all these weighty reasons , and serious grounds of conscience , law , prudence , ( which i humbly submit to the consciences and judgements of all conscientious and judicious persons , whom they do or shall concern ) i am resolved by the assistance and strength of the omnipotent god ( who hath miraculously supported me under , and carried me through all my former sufferings for the peoples publick liberties with exceeding joy , comfort , and t●e ruine of my greatest enemies and opposers ) to oppugn these unlawfull contributions , and the payment of them o● the uttermost , in all just and lawfull waies , i may ; and if any will forcibly levy them by distresse or otherwise , without and against all law or right ( as theeves and robbers take mens goods and purses ) let them do it at their own umost peril ; being declared all traytors , and to be proceeded against capitally as traytors by the junctoes own late knack and declaration . however , though i suffer at present , yet i trust god and men will in due time do me justice upon them , and award me recompence for all injuries in this kind , or any sufferings for my countries liberties . however , fall back , fall edge , i would ten thousand times rather lose my life , libertie , and all that i have , to keep a good conscience , and preserve my own and my countries native liberty , than to part with one farthing , or gain the whole world , with the losse of either of them ; and rather dye a martyr for our antient kingdom , than live a slave under any new republick , or remnant of a broken , dismembred , strange antiparliamental house of commons , without king , lords , or the major part of the knights , citizens and burgesses of the realm , in being subject to their illegal taxes , and what they call acts of parliament , which in reality are no acts at all to bind me , or any other subject , in point of conscience or prudence , to obedience , or just punishment for non-obedience thereunto , or non-conformity to what they style , the present government , of the armies modeling , and i fear of the popes , spaniards , campanellaes , father parsons , and other jesuites suggesting , to effect our kings , kingdoms and religions ruine , as i have * elsewhere clearly evidenced , beyond all contradiction . psalm 26. 4 , 5. i have not sate with vain persons , neither will i go in with dissemblers : i have hated the congregation of evil doers , and will not sit with the wicked . william prynne . swainswick , june 16. 1649. finis . a postscript . since the drawing up of the precedent reasons , i have met with a printed pamphlet , intituled . an epistle written the 8th day of june . 1649. by lieut. colonel john lilbourn , to mr. william lenthal speaker to the remainder of those few knights , citizens and burgesses that col. thomas pride at his late purge thought convenient to leave sitting at westminster , ( as most fit for his and his masters designe● , to serve their ambitious and tyrannical ends , to destroy the good old laws , liberties and customes of england ( the badges of our freedom as the declaration against the king of the 7th of march 1648. p. 23. calls them ) and by force of arms to rob the people of their lives , estates , and properties ; and subject them to perfect vassallage and slavery , &c. who ( and in truth no otherwise ) pretendedly style themselves . the conservators of the peace of england , or the parliament of england intrusted and authorised by the consent of all the people thereof , whose representatives by election ( in their declaration last mentioned p. 27. they say ) they are ; although they are never able to produce one bit of law , or any piece of a commission to prove , that all the people of england , or one quarter ▪ tenth ▪ hu●dred or thousand part of them authorised thomas pride , with his regiment of souldiers to chuse them a parliament ▪ as indeed he hath de facto done by his pretended mock-parliam●nt : and therefore it cannot properly be called the nations or peoples parliame●t : but col. prides and his associates , whose really it is : who although they have beheaded the king for a tyrant , yet walk in his oppressi●g●st steps , if not worse and higher . this is the title of his epistle . in this epistle , this late great champion of the house of commons , and fitting junctoes supremacy , both before and since the kings beheading , who with his brother a a his petition and appeal , & his arrow of defiance . see mr. edwards gangrena , 3. part . p. 154. f. 204. see my 〈…〉 for the 〈…〉 to overton and their confederates , first cryed them up as , and gave them the title of , the supreme authority of the nation : the onely supreme judicatory of the land : the onely formal and legal supreme power of the parliament of england , in whom alone the power of binding the whole nation by making , altering , or abrogating laws , without either king or lords , resides , &c. and first engaged them by their pamphlets and petitions , against the king , lords , and personal treaty , ( as he and they print and boast in b● this epistle , and other late papers ) pag. 11 , 29 doth in his own and his parties behalf ( who of late so much adored them , as the onely earthly deities and saviours of the nation ) now positively assert and prove first , that c c pag. 34 , 35. commissary general ireton , colonel harrison , with other members of the house , and the general councel of officers of the army , did in several meetings and debates at windsor , immediately before their late march to london to purge the house , and after at white-hall commonly style themselves , the pretended parliament ( even before the kings beheading ) a mock parliament , a mock power , a pretended parliament , ; and no parliament at all : and that they were absolutely resolved and determined to pull up this their own parliament by the roots , and not so much as to leave a shadow of it ; yea , and had done it , if we ( say they ) and some of our then friends in the house , had not been the principal instruments to hinder them : we judging it then of two evils the least , to chuse rather to be governed by the shadow of a parliament , till we could get a real and a true one ( which with the greatest protestations in the world they then promised and engaged with all their might speedily to effect ) then simply solely and onely by the will of sword-men , whom we had already found to be men of no very tender conscience . and do not the speaker and all lawyers and others now sitting in their own judgments and consciences , and to their friends in private , believe , say , and confess as much , that they are no parliaments ? and yet have the impudency and the insolency to sit , act , and tax , yea seclude and imprison us at their pleasures , as a real , legal and absolute parliament ? o atheisme ! o tyranny , and impiety of the worst edition ! if then these leading , swaying members of the new pretended purged commons parliament and army , deemed the parliament even before the kings beheading , a mock-parliament , a mock-power , a pretended parliament , yea , no parliament at all ; and absolutely resoved to pull it up by the roots as such , then it necessarily folows , first , that they are much more so after the kings death , and their suppression of the lords house , and purging of the commons house to the very dregs , in the opinions and consciences of those now sitting , and all other rational men . and no wayes enabled by law to impose this or any other new tax or acts upon the kingdom , or to create any new treasons , confiscations , sequestrations and penalties ; and being themselves in truth the worst and greatest of all traytors and tyrants . secondly , that these grand saints of the army and steersmen of the pretended parliament , and all gown-men confederating with them , knowingly sit , vote and act there against their own judgments and consciences , for their own private , pernicious ends . thirdly that it is a baseness , cowardize , and degeneracy beyond all expression , for any of their fellow-members now acting , to suffer these grandees in their assembly and army , to sit or vote together with them , or to enjoy any office or command in the army under them , or to impose any tax upon the people to maintain such officers , members , souldiers , who have thus vilified , affronted their pretended parliamentary authority , and thereby induced others to contemn and question it : and forcibly excluded and imprisoned the greatest part of the members and whole house of peers , in order to their own future exclusion , and as great a baseness in them and others for to pay it upon any terms . secondly he there affirms , that d d p. 26 , 27. oliver crumwel by the help of the army , at their first rebellion against the parliament , was no sooner up , but like a perfidious , base , unworthy man , &c. the house of peers were his onely white boys , and who but oliver ( who before to me had called them in effect , both tyrants and usurpers ) became their proctor , where ever he came ; yea and set his son ireton at work for them also ; insomuch that at some meetings , with some of my friends at the lord whartons lodgings , he clapt his hand upon his breast , and to this purpose , professed in the sight of god upon his conscience , that the lords had as true a right to their legislative note . and jurisdictive power over the commons , as he had to the coat upon his back , and he would procure a friend , viz. master nathaniel fiennes should argue and plead their just right with any friend i had in england . and not onely so , but did he not get the general and councel of war at windsor ( about the time that the votes of no more addresses were to pass ) to make a declaration to the whole world , declaring the legal right of the lords house , and their fixed resolution to maintain and uphold it ? which was sent by the general to the lords by sir hardresse waller : and to indear himself the more unto the lords , in whose house without all doubt he intended to have sate himself , he required me evil for good ; and became my enemy to keep me in prison , out of which i must not stirre , unless i would sloop and acknowledge , the lords jurisdiction over commoners ; and for that end he sets his agents and instruments at work to get me to do it : yet now they themselves have suppressed them . whence it is most apparent . 1. that the general , lieutenant general cromwel , col. ireton , harison , and other officers of the army now sitting as members , and over-ruling all the rest , * * see my plea for the lords and house of peers , ( yea & all other lawyers , members , sitting with them . have wittingly acted against their own knowledges , declarations , judgments , consciences , in suppressing the lords house , and depriving them of their legislative and jurisdictive right and power , by presuming to make acts , pass sentences , and impose taxes without them , or their assents in parliament , contrary to the express acts of 16 & 17 caroli . c. 1. 7 , 8 , 12 , 14 , 20. and hundreds of ordinances , remonstrances , declarations , the protestation , vow and solemn league and covenant made this parliament , by the votes of most now sitting . 2. that this tax enforced upon the commons and kingdom , for their own particular advantage , pay and enrichment , and to suppress the house of lords , is in their own judgments and conscience , both unjust and directly contrary to the laws of the realm , being not assented to by the lords : and therefore to be unanimously and strenuously opposed by all the lords and other englishmen who love their own or countries liberties , or have any nobility , or generosity in them . thirdly , he e e pag. 34. 39 , 40. 56 , 47. there asserts in positive terms in his own behalf , and his confederates ; that the purged parliament now sitting , is but a pretended parliament , a mock-parliament ; yea , and in plaine english , no parliament at all , but the shadow of a parliament . that those company of men at westminster that gave commission to the high court of justice to try and behead the king , &c. were no more a parliament by law , or representatives of the people by the rule of justice and reason , then such a company of men are a parliament or representative of the people , that a company of armed thieves choose and set apart to try , judge , condemn , hang or behead any man that they please , or can prevail over by the power of their sword , to bring before them by force of arms , to have their lives taken away by pr●tence of justice , grounded upon rules meerly flowing from their vvills and swords . that no law in england authoriseth a company of servants to punish and correct their masters , or to give a law unto them , or to throw them at their pleasure out of their power , and set themselves down in it ; which is the armies case with the parliament , especially at thomas pride's late purge , which was an absolute dissolution of the very essence and being of the house of commons ; to set up indeed a mock-povver , and a mock-parliament ; by purging out all those , that they were any way jealous of would not vote as they would have them ; and suffering and permitting none to sit but ( for the major part of them ) a company of absolute school-boys , that will , like good boys , say their lessons after them their lords and masters , and vote what they would have them : and so be a skreen betwixt them and the people , with the name of a parliament , and the shadow and imperfect image of legal and just authority , to pick their pockets for them by assesements and taxations ; and by their arbitrary and tyrannical courts and committees ( the best of which is now become a perfect . star-chamber , high commission , and councel-board ) make them their perfect slaves and vessals . with much more to this purpose . if then their principal admirers , who confederated with the army , and those now sitting , in all their late proceedings ; and cryed them up most of any , as the parliament and supreme authority of england before , at , and since the late force upon the house , and its violent purgation , do thus in print professedly disclaim them , for being any real parliament , or house of commons , to make acts or impose taxes upon the people : or set up high courts of justice to try and condemn the king , or any peers or english preemen ; the secluded lord ; members , presbyterians , royalists , and all others , have much more cause and ground to disavow and oppose their usurped parliamentary authority , and illegal taxes , acts , as not made by any true english parliament , but a mock-parliament only . fourthly , he therein further avets : f f pag. 52. 53. 56. 57. 58. 59. that the death of the king , in law indisputably dissolves this parliament , ipso facto , though it had been all the time before never so intire and unquestionable to that very hour . that no necessity can be pretended for the continuance of it ; the rather , because the men that would have it continue so long as they please , are those who have created these necessities on purpose , that by the colour thereof they may make themselves great and potent . that the main end wherfore the members of the commons house were chosen and sent thither , was , to treat and confer with king charles and the house of peers , about the great affairs of the nation , &c. and therefore are but a third part , ot third estate of that parliament , to which they were to come and joyn with , and who were legally to make permanent and binding laws for the people of the nation . and therefore having taken away two of the three estates that they were chosen on purpose to joyn with to make laws , the end both in reason and law of the peoples trust , is ceased : for a minor joyned with a major for one and the same end , cannot play lord paramount over the major , and then do what it please ; no more can the minor of a major ; viz. one estate of three , legally or justly destroy two of three , without their own assent , &c. that the house of commons sitting freely within its limited time , in all its splendor of glory , without the awe of armed men , neither in law , nor in the intention of their choosers , were a parliament ; and therefore of themselves alone have no pretence in law to alter the constitution of parliaments , &c. concluding thus : for shame let no man be so audaciously or sottishly voyd of reason , as to call tho. prides pittiful juncto a parliament , especially those that called , avowed , protested and declared again and again those to be none that sate at westminster , the 26 : 27 , &c. of july 1647. when a few of their members were scared away to the army , by a few hours tumult of a company of a few disorderly apprentices . and being no representative of the people , much less a parliament , what pretence of law , reason , justice or nature can there be for you to alter the constitution of parliaments , and force upon the people , the shew of their own wills , lusts and pleasures for laws and rules of government , made by a pretended everlasting , nulled parliament , a councel of state , or star-chamber and a councel of war , or rather by fairfax , cromwel and ireton ? now ; if their own late confederates and creatures argue thus in print against their being and continuing a parliament , their jurisdiction , proceedings , taxes , and arbitrary pleasures , should not all others much more do it , and joyntly and magnanimously oppose them to the utmost , upon the self-same grounds , for their own and the publick ease , liberty , safety settlement , and restoring the rights , priviledges , freedome , splendor of our true english parliaments ? fifthly , he there likewise affirms , g g p. 53. 54. 59. 41. that those now fiting at westminster have perverted the ends of their trusts more then ever strafford did : 1. in not ceasing the people of , ( but encreasing ) their grievances . 2. in exhausting their estates to maintain and promote pernicious designes to the peoples destruction . the king did it by a little shipmony and monopolies ; but since they began , they have raised and extorted more mony from the people and nation then half ( nay all ) the kings since the conquest ever did ; as particularly : 1 by excise , 2 contributions . 3 sequestrations of lands to an infinite value . 4 fist part . 5 twentyeth part . 6 meal-mony . 7 sale of plundered good . 8 loanes . 9 benevolences . 10 collections upon their fast days . 11 new imposittions or customes upon merchandize . 12 guards maintained upon the charge of private men . 13 fifty subsidies at one time . 14 compositions with delinquents to an infinite value . 15 sale of bishops lands . 16 sale of dean and chapters lands : and now after the wars are done , 17 sale of kings , queens , princes , dukes , and the rest of the childrens revenues . 18 sale of their rich goods which cost an infinite sum . 19 to conclude all , a taxation of ninety thousand pounds a moneth : ( since that of one hundred and twenty thousand pounds a moneth ; and lately of a whole years tax within three moneths , and now of one hundred thousand pound a a moneth , for the same six moneths they have payed their taxes , besides excise , customes , frequent new intollerable militiaes , payments to increased swa●ms of poor , sequestrations , highway money , and other charges , now all trade is utterly lost , and the three kingdomes beggar'd and undone . ) and when they have gathered it pretendingly for the common-wealths use , divide it by thousands and ten thousands a piece amongst themselves , and wipe their mouths after it , like the impudent harlot , as though they had done no evill ; and then purchase with it publick lands at smal or trivial values : o brave trustees ! that have protested before god and the world again and again in the day of their straits , they would never seek themselves , and yet besides all this , divide all the choicest and profitablest places of the kingdome among themselves . therefore when i seriously consider , how many in parliament and elsewhere of their associates ( that judge themselves the onely saints and godly men upon the earth ) that have considerable ( and some of them vast ) estates of their own inheritance , and yet take five hundred , one , two , three , four , five thousand pounds per annum salaries , and other comings in by their places , and that out of the too much exhausted treasury of the nation , when thousands not onely of the people of the world , as they call them , but also of the precious redeemed lambs of christ , are ready to starve for want of bread ; i cannot but wonder with my self , whether they have any conscience at all within them or no ; and what they think of that saying of the spirit of god , that who so hath this worlds goods , and seeth his brother hath need , and shutteth up his bowels of compassion from him ( which he absolutely doth that any wayes takes a little of his little from him ) how dwelleth the love of god in him ? 1 john 3. 17. these actions and practises are so far from being like the true and real children of the most high , that they are the highest oppression , theft and murther in the world , to rob the poor in the day of their great distress by excise , taxations , &c. to maintain their pomp , superfluities and debauchery ; when many of those from whom they take it , do perish and starve with want and hunger in the mean time , and be deaf and ad mant-hearted to all their tears , cryes , lamentations , mournful howlings , groanes . without all doubt , these pretended godly religious men , have got a degree beyond those atheists or fools , that say in their hearts , there is no god . psal. 14. 1. and 13. 1 , 3. in quite destroying the peoples essential liberties laws and and freedomes , and in leaving them no law at all ( as m. peters their grand teacher averred lately to my face we had none ) but their meer will and pleasures ; saving fellons laws , or martial law , where new butchers are both informers , parties , jury men and judges , who have had their hands imbrewed in blood for above these seven years together , having served an apprentiship to the killing of men for nothing but many , and so are more bloody than butchers that kill ●●eep and calves for their own livelyhood ; who yet by the law of england , are not permitted to be of any jury for life and death ; because they are conversant in the shedding of blood of beasts , and thereby through a habit of it may not be so tender of the blood of men , as the law of england , reason and justice would have them to be . yea , do not these men by their swords , being but servants , give what laws they please to their masters , the pretended law-makers of your house ? now constituted by as good and legal a power as he that robs and kills a man upon the high way ? and if this be the verdict of their own complices and partizans concerning them and their proceedings , especially touching their exhausting our estates by taxes , and sharing them among themselves in the time of famine and penury ( as the great officers of the army and treasurers who are members now do : who both impose what taxes they please , and dispose of them , and all power , honour , profit , to themselves and their creatures , as they please , without rendering any accompt to the kingdoms , contrary to the practise of all former ages , and the rules of reason and justice too ) are not all others in the three nations , especially the secluded lords , and members , bound by all bonds of conscience , law and prudence , to withstand their impositions and edicts unto death , rather than yield the least submission to them ? sixthly , he there avers , proves , and offers legally to make good , before any indifferent tribunal , that the h h pag. 2. 15 ▪ 27 , 29. 33. 34. 35. 41. 53. 57 , 58 , 59 , 64 , 65. 75. grandees and over-ruling members of the house and army are not onely , a pack of dissembling , jugling knaves and machevillians amongst whom in consulation hereafter he would ever scorn to come , for that there was neither faith , truth nor common honesty amonst them : but likewise murtherers ; who had shed mens blood against law , as well as the king , whom they beheaded ; and therefore by the same texts and arguments they used against the king , their blood ought to be shed by man , and they to be surely put to death , without any satisfaction for their lives , as traytors , enemies , rebels to , and i i see pag. 39. 52. conspirators against the late king ( whom they absolutely resolved to destroy though they did it by martial law ) parliament , kingdome , and the peoples majesty and soveraignty ; that the pretended house and army are guilty of all the same crimes in kind , though under a new name and notion , of which they charge the king in their declaration of the 17. of march 1648. that some of them more legally deserve death , than ever the king did : and considering their many oathes , covenants , promises , declarations , and remonstrances to the contrary ( with the highest promises and pretences of good for the people and their declared liberties that ever were made by men ) the most perjured , pernicious , false , faith and trust-breakers , and tyrants , that ever lived in the world : and ought ( as many of you have been , and now are ) by all rational honest men to be most detested and abhorred of all men that ever breathed , by how much more under the pretence of friendship and brotherly kindnesse , they have done all the mischief they have done in destroying our laws & liberties ; there being no treason like judas his treason , who betrayed his lord and master with a kisse , &c. and shall we then submit to their taxes and new acts , or trust them with our estates , lives , liberties , and the supreme power , or acknowledge them for our legal parliament and soveraign lords of the three kingdomes , if such now in their own late adorers eyes ? seventhly , he there asserts , k k p. 57. 34. that whosoever stoops to their new change of government and tyrany , and supports it , is as absolute a traytor both by law and reason , as ever was in the world ; if not against the king prince charles , ( heir apparent of his fathers crown and throne ) yet against the peoples majesty and soveraignty . and if this be true , as it is , that this purg'd parliament is no parliament at all ; then there is neither legal judges nor justices of peace in england . and if so , then all those that are executed at tiburn &c. by their sentence of condemnation are meerly murthered , and the * * let our gownmen sitting at westminster and other places , & in high courts of justice too , & there condemning and executing men consider it . judges and justices that condemned them are liable in time to be hanged ( and that justly ) therefore , for acting without a just and legal commission , either from true regal , or true parliamentary power ( except in corporations only where they proceed by ancient charters in the an●ient legal form ) . and if this be law and l l luk. 19. 14. 27. c. 12. 13. 14. gospel too ( as no doubt it is ) then by the same reason , not onely all legal proceedings , indictments , judgements , verdicts , writs , tryals , fines , recoveries , recognisances , and the like , before any judges and justices since the kings beheading in any courts at westminster , or in their circuits , assises , or quarter sessions , held by new commissions , with all commissions and proceedings of sheriffs , are not only meerly void , illegall , & coram non judice to all intents , with all bills , decrees , and proceedings in chancery , or the rolls ; and all judges , justices , sheriffs now acting , and lawyers practising before them in apparent danger of high-treason both against king and kingdom , they neither taking the oaths of judges , supremacy or allegiance as they ought by law ; but only to be true and faithful to the new erected state without a king ; but likewise all votes and proceedings before the pretended house or any of their committees , o●sub-committees in the country , with all their grants and offices , moneys , salaries , sequestrations , sales of lands or goods , compositions ▪ &c. meer nullities and illegal acts , and the proceedings of all active commissioners , assessors , collectors , treasurers , &c. and all other officers imployed to levy and to collect this illegal tax to support that usurped parliamentary authority , and army , which hath beheaded the late king , dis-inherited his undoubted heir , levyed war against and dissolved the late houses of parliament , subverted the ancient government of this realm , the constitution and liberties of our parliaments , the lawes of the kingdome , with the liberty and property of the people of england , no less than high-treason in all these respects , as is fully proved by sir edward cook in his 3 institutes , ch. 1. 2. and by mr. st. john in his argument at law at the attainder of the earl of strafford , and declaration and speech against the ship-mony judges , published by the late commons house order ; which i desire all who are thus imployed , to consider ; especially such commissioners who take upon them to administer a new unlawful ex-officio oath to any , to survey their neighbours and their own estates in every parish , and return the true values thereof to them upon the new proun'd rate for the 3 last months contribution , & to fine those who refuse to do it ( a meer diabolical invention to multiply perjuries to damn mens souls , invented by cardinal woolsey , much enveighed against by father latimer in his sermons ; condemned by the express words of the petition of right , providing against such oathes ; and a snare to enthral the wealtheir sort of people by discovering their estates , to subject them to what future taxes they think fit ) when as the whole house of commons in no age had any power to administer any oath in any case whatsoever , much lesse then to confer any authority on others , to give such illegal oathes , and fine those who refuse them : the highest kind of arbitrary tyrany both over mens consciences , properties , liberties ; to which those who voluntarily submit , deserve not only the name of traytors to their country , but to be m m exod. 21. 5. 6. boared through the ear , and they and their posterities to be made slaves for ever to these new tax-masters and their successors ; and those who are any ways active in imposing or administring such oaths , yea treasonable oaths of the highest degree , abjuring and engaging against king , kingship , kingdome and house of lords , and that with constancy and perseverance , against their former oathes of homage , fealty , supremacy and allegiance , the protestation , vow , solemn league , and national covenant ( the most detestable perjury and high treason that ever mortal men were guilty of ) or assistant in imposing , assessing , collecting , and levying illegal taxes by distresse or otherwise , may and will undoubtedly smart for it at last ; not onely by actions of trespasse , false imprisonment , accompt , &c. brought against them at the common ▪ law , when there will be no committee of indempnity to protect them from such suits , but likewise by indictments of high treason , to the deserved losse of their estates , lives , and ruine of their families ( and that by the junctoes own votes and declaration octob. 11. 1659. ) when there will be no parliament of purged commoners , nor army to secure , nor legal plea to acquit them from the guilt and punishment of traytors both to their king and country ; pretended present forbid fear of imprisonment , loss of liberty , friends , estate , life or the like , being no n n see 1. h. 4. rot. par. n. 97. excuse in such a case and time as this , but an higher aggravation of their crime : nor yet to exempt them from hell it self and everlasting torments in it , for their perjuries treasons , oppressions , rebellions , and actings against their consciences out of fear of poor inconsiderable mortals , who can but kill the body at most , nor yet do that but by gods permission , contrary to the express commands of god himself . ps. 3. 6. ps. 27. 1. ps. 56. 11. ps. 112. 7 , 8. isa. 44. 8. c. 51. 7. 12. ler. 1. 8. ezek. 2. 6. & 12. 4. 5. mat. 10. 28. 1. pet. 3. 4. heb. 13. 6. the o o rev. 21. 8. fearful being the first in that dismal list of malefactors , who shall have their part in the lake which burneth with fire and brimstone , which is the second death ; even by christs own sentence . john 18. 34. to this end was i born , and for this cause came i into the world , that i should bear witnesse unto the truth . finis . notes, typically marginal, from the original text notes for div a91207e-660 * see fortescue de laudibus legum angliae , and sir thomas smith de republica anglicana 16 car. c. 1. see rastal , title taxes , tallages , the acts for subsidies of the clergy and temporalty . * see my memento to the p●esent un-parliamentary juncto , prynne the member reconciled to prynne the barreste● , and true and perfect narrative , may 7. & 9. 1659. notes for div a91207e-1610 a see my humble remonstrance against ship-money . jan. 26. 1659. b see 1 e. ● cap. 7. cook 7. report . 30 , 31. dyer 165. 4 ed. 4. 43 , 44 , 1 e. 5. 1 book commission . 10 , 21. c cromptons jurisdiction of courts . fol. 1. cook 4. instit. c. 1. d 5 e. 3. m. 6. part . 2. dors. claus. regist. f. 192. 200. e 4 ed. 4. 44. 1 e. 5. 1. brook commissions . 19. 21. & officer , 25. dyer . 165. cook . 7. report , 30. 31. 1 e. 6. c. 7. daltons justice of peace , c. 3. p. 13 lambert . p. 71. * see my plea for the lords and house of peers . f 14 r. 2. n. 15. 11 h 4. n. 30. 13 h. 4. n. 25. g 4 h. 7. 18. b. 7 h. 7. 27. fortescue , c. 18. f 20 dyer , 92. b●ook parliament , 76 , 197. cooks 4. institut . p. 25. h see the freeholders grand inquest . my plea for the lords . the 1 , and 2 , part of my register of parliamentary writs , and exact ab. idgement of the records in ●●e tower , my historical collection , part 1 , 2. c. 3. see my speech , dec. 4. 1648. and a full declation of the true state of the case of the secluded members . i ( i ) cooks 4. institutes p. 1. 5 r. 2. stat. 2. c. 4. * populi minor pars , populum non obigit . grotius de jure belli . l. 2. c. 15. sect. 3. alexander ab alexandro . gen. dierum . l. 4. c. 11. ( a ) declarat . nov. 28. & 30. 1648. l 39. ed. 3. 7. 4. h. 7. 10. brook parl. 26. 40. cook 4. instit. p. 1. 25 , 26. 1 jac. cap. 1. m claus. 23. e. 1. m. 24. dorso . n 49. e. 3. 18 , 19. 21. h. 7. 4. brook customs 6. 32. * the 1. part of the parliamentary writs p. 411 , to 422. cooks 4 instit. 75 , 76 , 1 iac. c. 1 , 2. iac c. 3 , 4. 7 iac. c. 1. 12 car. c. 17. object . answ . a see my plea for the lords and house of peers , and historical collection of the great councils and parliaments , and fundamental rights , laws , and liberti●● of all english freemen . b printed by it self , and in a declaration of the engagements and remonstrances , &c. of the general , and general councill of officers of the army . london 1647 p. 107. 108. 1 is there not a greater , longer , force and violence offered to both houses ever since dec 1648. by aimed souldiers , than that by the unarmed apprentices , but for a few hours ? 2 how can you dispence with your self , to fit since dec. 6. & passing votes , to seclude & exclude the lords & your fellow members , and to tax them at your pleasure , & not believe them voyd & null ? * nor yet by those now sitting against the lords and our forcible exclusion , but new votes in justification thereof ? 3 the army could not with all their power and menaces , inforce the s●cluded members to vote against their judgements & consciences ? ec . 4. 1648. 4 why hav and do you yet serve the juncto in a false and anti-parliamentary way near as many years more , to abuse and deceive them ? 5 have you not done it since in the highest degree by high courts of justice , securing , secluding , imprisoning , banishing , disanheriting thousands , and imposing taxes and excises on them against all our laws ? 6 have you nor conscientiously observed them , by secluding , ejecting the lords , and your fellow members ? by subverting all rights , privileges of parliament , and liberties of the subject ? 7 why do you not now much more absent your selves upon the same account ? 8 if it was so great a crime to lock and keep them in the house ? was , yea is it not a far worse and g●eater crime in you and your juncto , to lock the lords and your fellow members , and keep them forcibly o●t of the houses for so many years till you have passed what new vores , and set up what new government , and imposed what tixes you please upon them against their wills ? 9 and is it not a greater breach of ptivilege for you to vote out most of the members without hearing them ? 10 the major vote therfore dec. 4. 1648 ought to carry it as well as then . 11 did you not far worse in seeuring , ●●cluding , imprisoning , ejecting the majority of your fellow-members , onely for voting against the minority , dec. 4 ? 12 and can you discharge them by sitting now , when the majority of the members & lords are secluded , and forcibly kept out by your orders , and not permitted to sit with freedome & safetie ? 1 was not the armea sorce , secluding and keeeping away most of the members since 1648. sar worse than this ? 2 why have not the army-officers , & most members subscribing this engagement , and making and commending this resolution kept this resolution , but apostatized from it ever since december 6. 1648. and acted quite contrary to it ? 3 therefore now much more by the members acting and continuing force upon the majority . 4 they have been faithlesse more than once or twice to the secluded members , and the iuncto too since this . 5 did you really perform this engagement by ordering the army to secure and seclude the majority of you● fellow-members , and whole house of lords heret●fore & twice of late ? 6 have not the armie & most of those s●bseribers since dec. 6. 1648. laid the greatest reproach 〈◊〉 sorce upon the nation , & brought & offered greater contempts to the honour , 〈◊〉 esteem , privileges , members of parliament , than the apprentices or the 〈…〉 men in any age ? 7 is not this the case of the secluded and excluded members in respect of their electors and the kingdom ? 8 is not this the speech and answer of the secluded lords & commons to the kingdom and people ? 9 is not this the true stile and character of all th●se , since forcibly secluding the lords and their fellow members ? 10 the secluded lords and commons now t●ust so too . 11 most counties now begin to do it for their secluded members restitution , or a new free parliament without limitation . * now sitting as a commoner . 1 that on dec. 6 , 7. 1648 and since that till now , hath been worse , longer , and more unparalleld . 2 and doth it not gainsay the armies & officers professions , commissions , protestations , declarations , and other obligations to protect the parl. and secluded lords & commons ? 3 the force since on the houses hath effected it . 4 do not the officers & members deserve to be so served , for securing & secluding us ? * the armies declaration , p. 120 , &c. wo ) is it not arrse for the mmy and sitting bloembers to dock up the thors against me lords and most of the comisons ? and to oeep them fut of the houses or sundry years ? 2 was not the armies seising , secluding , pulling and keeping those out who gave their votes against their designs , dec. 6. 1648. shutting them out ever since , & imprisoning some of them sundry years , far worse than this ? 4 it was far worse to fill them with soldiers & troopers , dec. 6 , & 7. and since , to seelude the most of the members by force . 5 and now six times more of them are driven away by the army . 5 do not the people esteem the secluded members su●h , and are not they the supreme authority by the armies & sitting members own votes , jan. 4. 1648 ? * they went not to them till thus ●●●ited . 6 and ought not the army and english nation , thus to engage , much more to the now secluded lords and members ? 7 it is usual and legal in the speakers absence or sicknesse . 8 and a●e you not and the kingdom too , now much more convicted of this truth ? 9 and are not all since dec. 6. 1648. till now much more null and void , for the same reason ? * is not yours of dec. 27. & jan. 5. 1659. far more unparalleld , to the parliament , and all the free-born subjects ? 10 much more then now the excluding members ? 11 and ought not the army and ● monk n●w to do the like ? 12 are not the sitting secluders of the lords and majority of the commons , far greater delinquents , deserving greater punishment ? 13 remember and fulfill these promises , now at least , to the parliament , king & kingdom , which crosse your engagements . abjurations of king and kingship , to set up an utopian commonwealth . * ne dhams interest will not ( but ) lye . * and more since their secluding and securing dec. 6. & 7. 1648. * therefore all since dec. 6. till now are void by the self-same reasons . * see my p●ea for the lords p. 371 , to 419. * par in pa●em non habet imperium , vel jurisdictionem , bracton , l. 5. c. 15. f. 412. object . answ . * exact collection , p. 5 , 6. ¶ 61. 3 parl. 2. rot parl. n. 3. 6. 5 r. 2 n 64 , 65. 11 r. 2. n 14 , 16 , 20. ● h. 4. n. 2 , 7. 27 h. 6. n. 12. 28 h. 6. n. 8 , 9 , 11. 29 h. 6. n. 10 , 11. 31 h. 6 n. 22 , 30 , 49. * cooks 4. institut p. 25. dyer , f 203. * exact collect . p. 69 , 70 , 736 , 709 , 722. * brook parliment 80. relation 85. dyer 85. 1 is not this the armies and their own late and present practice ? 2 alderman chambers the eminentest of them , is yet since this declaration discharged by you for his loyalty and conscience only . 3 and is it not so by you now , and t●ansmirted unto the exchequer to be levied ? 4 and do not you now the same , ye● , some of them verie good patriots ? 5 are not the generals and armies horses and foot too , kept up and continued among us for that purpose , being some of them germans too ? 6 not one quarter so g●ievous as the late and present taxes , excises , customs , imposed by you for the like purpose . 7 and is it not more unnatural in those now sitting , to engage the english army , raised by the parliament of england , and convenanting to defend it from violence , against the verie parliament of england and its members , to seclude , exclude , and eject the majoritie of their fellow members , and whole house of peers , by their votes and commands , and that successively twice after one another , and yet to own and support this army without ●ighting those members ? 8 was not pride's and the armies comming thither to seise , and actually seising above forty , and secluding above two hundred members , with thousands of a●med horse and foot ; and their suppressing the house of lords , and re secluding the members by armed guards on may 7 , & 9. & dec. 27. 1659. a thousand times a greater offence , especiallie after so many declarations of the houses against this of the kings ? 9 was not humphry edwards now sitting , ( an unduly elected member , ) one of them thus armed ? * henrie martin is accomptable to the state for above 8700 l. which the committee of accounts in two years time could never bring him to account for , and yet hath 3000 pound voted him lately for moneys pretended to be di●bursed ; to whom and for what quae●e . * in their p●rliament● p. a , p. 5 , 6 , 7. see a full declaration of the true state of the case of the secluded members p. 55 , &c. ¶ exact collection , p. 5 , 6 , 7 , 14 , 342 , 492. * exact collection , p. 28 , 29 , 214 , 263 , 270 , 491 , 492 , 495 , 496 , 497 , 600. * exact collect . p. 285 , 286 , 298 , 320. 32a , 378 , 379 , 381 , 513 , 514 , 515 , &c. 618 , 619 , 623 , 647 , &c. 671 , 679 , &c. a collect. &c. p. 100 , 102 , &c. 117. * a collect. &c. p. 327 , 358 , 359. 399 , 404 , 416 , 420 , &c. 694 , 751 , 768 , 769 , 798 , 802 , 806 , &c. 879 , 889. * see cooks 3 instit. p. 1. 21 , 22 , 23. * can or will the expulsed king himself or his heirs say more , or so much as these , if he invade and conquer us by forein forces ? and were it not better for us then to submit to our lawfull king , than to so many thousand perfidious usurping pretended conquerors of us , who of late pretended only they were no other but our servants , not lords and conquerors ? o a collect. &c. p. 599 , 876. objct. answ . * see their votes jan. 4. & declaracion , 17 march , 1648. p. 1. 27. * see their declaration , nov. 20. & proposals , dec 6. 164● and cromwel● inst●ument & speeches . * ezek. 18 24. * see the 2d . part of the history of independency . * see seldens titles of honour . * see a collect . p. 94 , 95 99 , 698 , 700 , 877 , 878. a see my jus pationatus , and new discovery of free-state tyranny , and the good old cause truly stated . b see the coffin for the good old cause , john rogers , and nedham his interest will not lye , my true and perfect narrative , and consciencious quaenes , where this is fully proved . c in their several agreements of the people , ●heir d●cla●ation of nov. 10. their proposals , decemb. 6. and declaration of march 17. 1648. * sir robert pye & others * 3 e. 1. c. 5. see rastals abridgements , tit. elections and parliament . * febr. 18. 1659. * cooks 11 reports , f. 98. 2 chron. 10. 10. q mat. paris 517. r ovid . de remed. amoris . * exact collections , p. 5. 6. and their own declarations , 17. march 1648. p. 7 &c. * in their declarations march 17. 1648. p. 26. s magna chart. c. 14. 14 e. 3. c. ● . cook 2. instit. p. 26 , 27. 169. 170. t mar. paris p. ●60 . u a collection , &c. p ●71 . semains case . 7 rep. sendels case . lambe●t f. ●7● . daltons justice of peace , ●24 . 24 h. 8. c. 4. x see cook 5 report . f , 9 p 92. y see rastal title purveyers . z an exact collecti , on p. 7. a see an exact collection : and a collection of publick orders , &c. p. 99 , 698 , 700 , 877 , 878. * lib. 3. c. 1 , 2. * see canterburies doom , and straffords trial. * in my speech 4 dec. see romes master-piece , the epistle to my jus patronatus ; a true and perfect narrative , 1659. the epistle to the 1. part of my historical vindication and collection 1655. god, no impostor nor deluder, or, an answer to a popish and arminian cauill, in the defence of free-will, and vniuersall grace wherein god's tender of grace by the outward ministry of the gospel, to reprobates who neither doe, nor can receiue it, is vindicated from those aspersions of equiuocation, falsitie, and collusion, which some by way of obiection, cast vpon it / by william prynne ... prynne, william, 1600-1669. 1629 approx. 41 kb of xml-encoded text transcribed from 10 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a10181 stc 20459.3 estc s2847 25454149 ocm 25454149 27901 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a10181) transcribed from: (early english books online ; image set 27901) images scanned from microfilm: (early english books, 1475-1640 ; 1857:28) god, no impostor nor deluder, or, an answer to a popish and arminian cauill, in the defence of free-will, and vniuersall grace wherein god's tender of grace by the outward ministry of the gospel, to reprobates who neither doe, nor can receiue it, is vindicated from those aspersions of equiuocation, falsitie, and collusion, which some by way of obiection, cast vpon it / by william prynne ... prynne, william, 1600-1669. [2], 16 p. s.n.], [london? : m.dc.xxix. [1629] place of publication suggested by stc (2nd ed.). signatures: pi¹ *⁸. reproduction of original in the harvard university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng election (theology) predestination. 2002-03 tcp assigned for keying and markup 2002-03 apex covantage keyed and coded from proquest page images 2002-04 tcp staff (oxford) sampled and proofread 2002-04 emma (leeson) huber text and markup reviewed and edited 2002-05 pfs batch review (qc) and xml conversion god , no impostor nor delvder : or , an ansvver to a popish and arminian cauill , in the defence of free-will , and vniuersall grace ; wherein god's tender of grace by the outward ministry of the gospel , to reprobates who neither doe , nor can receiue it ; is vindicated from those aspersions of equiuocation , falsitie , and collusion , which some by way of obiection , cast vpon it . by william prynne , an vtter barrester of lincolnes inne . numbers . 29. 19. god is not a man that he should lye , neither the sonne of man that he should repent : hath he said and shall he not doe it ? or hath he spoken , and shall he not make it good ? romans 3. 4. yea let god be true , but euery man a lyer , as it is written : that ●hou mightest be iustified in thy sayings , and mightest ouercome when ●hou art iudged . printed , m. dc . xxix . god no impostor nor deluder . it is a common demand , which the patrons of vniuersall grace and free will vse to make , how god can be excused from hypocrisie , collusion and deceit , if he hath not seriously purposed and determined to conuert and call all such to whom the gospel is preached , but only to the elect ? to giue a full , a cleare and satisfactory answer vnto this demand , which stumbles many : we must consider in the first place ; that the glad tidings and promises of the gospell are proper and peculiar to the elect and chosen saints of god , and not common to the elect and reprobates as the law is , which binds all men alike : hence is it , that the elect onely are said , * to be the children of the promise , the seed of abraham , and the promise of faith by iesus christ ; is said , to be giuen onely to them which belieue : a the voyce of christ is proper onely to the sheepe of christ , who are the elect : whence the faith of the gospell is stiled b the faith of gods elect , as being proper and peculiar vnto them alone : christ lesus hath c bequeathed his gospell as a peculiar legacie to his saints and chosen ones , and deliuered and committed it to them . wherefore the apostles did alwaies dedicate and direct their epistles d to the elect , the chosen and faithfull in christ iesus ; to the saints , the sanctified , called and preserued in christ iesus , and to no others : to signifie that the gospell is proper and peculiar vnto them . secondly , you must obserue , that though the ministers of the gospell , are to * preach the gospell to euery creature , yet it is not with an intent to conuert all those that heare it vnto god , but onely the elect : paul did preach and e indure all things , not for all those to whom he preached ; but onely for the elects sake ; that they might obtaine the saluation which is in christ iesus with eternall glory : f god hath giuen some to bee apostles , some prophets , some euangelists , some pastors and teachers ; but this is not for the conuersion and good of all men , but it is onely for the perfecting of the saints , and for the edifying of the body of christ , g who are the elect . the preachers of the gospell who are stiled angells , are sent out onely h to gather the elect ( not all men ) from the fo●re windes . from the one end of heauen to the other : i they are all ministring spirits sent forth to minister for them ( and for them only ) who shall be heires of saluation ; not for reprobates and wicked men : they are onley k to feede the church , the lambes , the sheepe and flocke of christ ; who are onely the elect , as the scriptures and the fathers haue defined it : therefore the milke and foode of the word and gospell is proper and peculiar vnto them . thirdly , you must take notice , that though the gospell be to be preached vnto euery creature , yet it is not with an intent to conuert & saue all those that heare it preached , but only true belieuers : this is euident by that commission which christ gaue vnto his apostles : l goe yee ( saith he ) into all the world , and preach the gospell to euery creature , he that belieueth , and is baptized shall bee saued , but hee that belieueth not shall bee damned : by which conditionall clause and limitation , its most apparant : that god did neuer intend that his gospell should conuert and saue all such as heare it preached , ( as is further warranted by ler. 1. 10. cap. 7. 26 , 27 , 28. ezech. 2. 3. to 9 , 10. heb. 4. 2. 2 cor. 2. 14 , 15 , 16 ) where god commanded his word to be preached to some that should not heare it nor obey it , nor reape any profit or conuersion from it : ) but onely such as should belieue and imbrace it in their hearts . now these are only the elect , and no others ; for m they onely doe belieue : therefore the gospell is intended vnto them alone . if this then be granted and yeelded vnto me , that the promises and glad tidings of the gospell are proper and peculiar to the elect alone ; that the ministers of the gospell are sent out only to call and gather together the elect : and that the preaching of the gospell vnto euery creature , is not with an intent to conuert and saue all such as heare it , but onely such as doe belieue it , who are alwaies the lesser number , and onely such as are elected : then it followes ineuitably , that there is no repugnancy nor contradiction betweene the secret and the reuealed will of god ; and that god deludes and cozens none to whom the gospell is preached , though they are not conuerted : because he did neuer intend to conuert all those that should be the heaters , but only such as are the true embracers and beleiuers of his gospell , who are only the elect , in whom alone he workes this grace of faith . yea but you will now obiect ; that god doth seriously exhort and intreate euen reprobates and wicked men to repent and beleiue , though he hath determined to giue no faith , nor yet repentance to them : therefore if they cannot repert and beleiue of themselues ( as we affirme ) god cannot but mocke and dissemble with them , because he exhorts them vnto that which they of themselues ( without gods ayde ) can neuer doe : and which himselfe hath decreed irreuocably that they shall neuer doe . to this i answere , that it is true ; that if god himselfe who knowes the hearts and estates of all men , should tell any man from heauen that he was a reprobate , and that he had irreuocably decreed it , that he would neuer worke any faith or repentance in him , and should come to such a man in particular , and seriously exhort him to beleiue and repent that so he might be saued : that then there were some shew of mockery , falshood and double dealing in god : and this objection might stand good . but here the case stands otherwise : for though god doth oft times seriously exhort and intreate euen such to beleiue and repent , as he hath reprobated and for euer rejected in his secret purpose and decree , yet here is no delusion nor deceit at all . first , because the minister who is gods agent and embassadour vnto this reprobate , can neuer determine whether he be a reprobate yea orno : so that he tenders grace and mercy to him , not as to a reprebate or cast away ; but as to a chosen saint of god for ought he knowes . secondly , because this reprobate to whom this exhortation and tender of grace is made , can neuer fully satisfy not yet resolue himselfe that he is a reprobate , because he was neuer priuy to gods counsell , and because his whole life is a time of grace to him for ought he knowes . since then it is neither reuealed to the minister that offers grace , not yet to him to whom this grace is tendred , that he is a reprobate , and that god hath determined to bestow no grace vpon him ; neither the minister , nor yet himselfe can truly say that god doth mocke him or delude him ; because that vnto them , and to all other men , there is a possibility , yea and a probability , that this very reprobate may be saued , because he is no reprobate as vnto them , nor yet as to himselfe . yea , but you will object ; that god himselfe doth certainly know that this very reprobate neither will , no● can repent , because he hath decreed to worke no faith nor repentance in him : therefore god must needes delude and mocke him , though man cannot discerne it . to this i answere ; that if man cannot discerne , that god deludes men in this his dealing ; then how doth it come to passe , that you who prosecute this objection can charge god with delusion , and cousenage in his dealing , when as man cannot discerne it ? what are you now translated into gods or angells , that you can fathom and find out this mistery , which all the saints and reprobates in the world cannot espie . doubtlesse if there be neuer a reprobate in the world , that can say god deales falsely with him , in desiring his conuersion when as he neuer did intend it , because he could not satisfie himselfe whether he were a reprobate yea or no : then it is certaine , that you who make this mysticall and strange objection , must cease to charge god with collusion and double dealing , till you are able for to taxe him of , or trace him in it . secondly , though god doth certainly know , that reprobates neither can nor will repent , yet he doth not mocke nor delude them , by inuiting , exhorting and perswading them to repent , because that as god doth not inuite them to faith and repentance as they are reprobates , so his decree of reprobation is not the immediat cause of their infidelity and impenitency , but their owne corrupt and sinfull natures , which god is not bound to heale and cure . indeed if god himselfe should purposely bind them hand and foote in the chaines and fetters of sinne , and then should bid them go , or walke , and run on towards him in a serious and earnest manner , he might then be thought for to delude them : but this god doth not doe , he casts no rubbes nor blockes into our way , but what we cast our selues : if we come not in when as he inuites vs , it is not because god himselfe doth not inable vs , but because we haue insnared our selues in sinnes and trespasses , and disabled our selues to come vnto him as we ought : so that here wee must accuse our selues , not god. thirdly , when god doth offer grace vnto vs , we must know , that he doth not immediately infuse this grace into vs , but he workes it in vs by the vse of meanes : now god when as he offers grace to reprobates , they alwaies slight , neglect and vilify the meaues by which god offers and conueyes his grace ; so that if they misse of grace ( as they alwaies doe ) they cannot lay the blame on god , or lay , that hee did not intend for to conuert them ; but they must take the blame vpon themselues ; because if they had vsed the meanes with care and conscience as they ought , and done that which was requisite on their parts , god would haue wrought effectually by his spirit in their hearts for ought that they could tell , or thinke to the contrary . fourthly , when god doth seriously and earnestly inuite vs to repentance and true sauing faith ; he doth not alwaies promise and resolue to worke this faith and repentance in our hearts , ( for then they should be alwaies wrought effectually in vs , because gods purposed and resolued will is * alwaies executed , and cannot be resisted : ) but he doth only seriously declare what things he doth approue and require in vs. a king may seriously wish and desire that such a subject of his were a rich , a great and honourable person , but yet he may not purpose and resolue to make him such a one : god doth earnestly command and desire that all men ( but especially his saints ) should not offend nor sinne against him ; but yet he doth not purpose to cause them not to sinne : for * in many things wee offend all ; and there is no man that liueth , and sinneth not : god may desire something in his reuealed will , which he hath not purposed nor decreed to effect and worke in his secret will : he n desires not the death of a sinner ; and yet sinners alwaies die in sinne , without repentance : since therefore god may desire and require something in his reuealed will , which he hath not purposed nor decreed to effect in his secret will ; it followes not , that god doth therefore intend and purpose to worke effectually by his grace in hypocrites and reprobates , when as hee offers grace and mercy by his word : and so he moekes them not . fifthly : the gospell in which god offers grace to men , though it bee propounded in a common and vniuersall manner in respect of the hearing of it , from which none are excluded ; yet it is alwaies propounded distributiuely , restrictiuely and conditionally in respect of the benefit and comfort of it ; not to men as they are men ; nor to all hearers or reprobates , as they are hearers and reprobates ; but to all those , and to those onely that shall belieue it , imbrace it , and obey it in the syncerity of their hearts . if then the gospell be thus preached and propounded to a whole congregation , can any man say that god deludes him ? if he will belieue and apply the gospell , he shall be sure to reape the fruite and comfort of it ; and so he cannot accuse god of collusion , because he hath made good his gospell vnto him : if he beleiue and receiue it not at all , he cannot say that god deludes him , or that he did not offer it seriously vnto him ; because he propounded it with this prouiso , if he would beleiue and apply it to his owne eternall good ; which prouiso and condition he hath not yet fulfilled : and therefore he cannot blame the lord , who did not promise to fulfill it for him . yea but say you , a reprobate may thus object : i cannot receiue nor beleiue the gospell vnlesse god giue mee an heart and will to doe it , which heart and will he hath not determined to giue me ; therefore he doth but delude and cozen me in profering grace vnto me vpon such impossible tearmes and conditions as these , which i cannot performe . i answere , that it is true , that god must giue men hearts to imbrace and vse the meanes of grace in an effectuall manner , or else they cannot doe it : yet this i say with all ; that euen reprobates themselues might haue done more , then now they doe , and beene more diligent in the outward meanes , had they put their whole might and strength vnto it , and prayed earnestly to god for his assistance : so that they cannot truly say , that god was wanting vnto them in altering of their hearts ; but that they were wanting to themselues , in being negligent in the vse of meanes , and in blocking vp their hearts against the lord by daily sinnes . secondly , that inability to beleiue ; and vse the meanes of grace which is in reprobates , proceedes not from any decree or act of god , but from reprobatsthemselues . god made man able at the first to do his will , and to vse the means of grace ; which liberty mankind hath wholly and justly lost in adams fall : since therefore that impotency and impossibility of getting and receiuing grace which is in reprobates , proceeds not from any fatall or necessitating decree of god , but onely from that originall deprauation and naturall imbecillity which is in them ; from which god is not pleased for to free them : these reprobates cannot say , that god deludes and mocks them in tendring grace vnto them , though he denies them hearts and wills for to imbrace it ; which he is not bound in justice for to giue them : but they must rather magnify his mercy towards them in offering grace vnto them , when as they haue made themselues vn worthy of it , and vnable to receiue it . thirdly , what reprobate is there that when god doth offer grace vnto him by his ministers , can truly say that god hath positiuely resolued not to giue him an heart or will for to imbrace it ? is any reprobate priuy vnto gods decrees , to know what he hath purposed concerning him ? if not , then he can neuer say that god deludes him , or that he decrees to giue him no heart nor will to imbrace the grace which is thus tendred to him ; because for ought he knowes , he may belong to gods election : and if so , then god will surely change his heart , and giue him power to imbrace his grace . fourthly , if god should offer grace to reprobates in a serious manner , yet he should not delude them , though he giues them no power to receiue it : because there is in reprobates such a loue of sinne , and such an hatred , and violent antipathie against grace and holinesse , that they would be o vtterly vnwilling to receiue this grace vpon those termes that god doth offer it , although they had power to imbrace it : reprobates though they might haue grace for the very taking of it , yet they would not take it though they might vpon gods conditions : therefore god doth not delude them in tendring grace vnto them , though they cannot take it ; because they would not take it though they might . fifthly , god doth not mocke nor yet delude these reprobates in offering grace vnto them by the ministrie of the gospell , though he neuer inclines their hearts and wills to imbrace it in a sauing manner : because they haue many priuiledges , benefits , and aduantages by the gospell , though their hearts are not conuerted nor reformed by it . for first by this profer of the gospell to them , they haue alwayes something to support their soules from sinking in despaire ; they haue alwaies a possibility , a hope and probability of their true conuersion and saluation , which those who are depriued of the gospell want ; whence they are said to be p aliens from the common-wealth of israell , strangers from the couenant of promise , hauing no hope : reprobates who liue vnder the gospell haue alwaies hope till their dying day , because they know not whether they are reprobates yea or no till then ; which hope and comfort all such as are depriued of the gospell want : therefore the preaching of the gospell to them is not meerely vaine . secondly , reprobates who injoy the gospell , haue a more cleere distinct and full apprehension of god , both in his essence and his glorious attributes , then those who are depriued of the gospell haue : they know the will and workes of god , the worth , the nature , dignity and excellency of christ and of his merits , and of the gifts and graces of his spirit : yea they q tast a sweetnesse in the word and promises , and in the powers of the world to come : they know more then all the world besides , which is depriued of the gospell : now the very knowledge of god and christ , and of their attributes , promises , word and will , and of all those things which the scriptures doe reueale vnto reprobates , is an vnualuable and matchlesse blessing ; it is a greater good and happinesse then man by all the light of art and nature ( without the scriptures ) can attaine vnto : therefore no reprobates can say that god deales hardly or falsly with them though his word doth not conuert them . thirdly , reprobates though they are not conuerted by the gospell , haue alwaies as r great , ( nay sometimes a greater ) share and portion in those outward blessings and priuiledges which the gospell brings ( which are great and many ) as the saints themselues : the gospell commonly brings peace and plenty , health and safety , and all outward happinesse and tranquillity with it : it is alwaies accompanied with many great and excellent blessings of which reprobates drinke as deepe as any others : therefore it is not altogether in vaine vnto them , though it conuert them not . fourthly , reprobates though they are not truly sanctified not called by the gospell , yet many of them haue oft times many morrall , outward and commendable vertues , gifts and graces wrought within them by it : againe , many of them are oft times ciuilized , curbed , rectified and reformed by it , so that they runne not into the same excesse of sinne and wickednesse as else they would ; by which it comes to passe that their eternall torments in hell fire are much extenuated and abated : therefore they cannot truly say , that the gospell is ineffectuall and fruitlesse to them , because their very soules reape much aduantage by it . fifthly , reprobates haue oft times many sodaine , transitory and flashy joyes , and many good motitions , purposes and resolutions wrought within them by the word ; yea the word of god is sometimes so preualent and powerfull in their soules , that it makes them to doe s many things for god , and to goe very farre in the outward practise and profession of religion ; insomuch that they seeme to many to be the elect of god , and the vndoubted members of iesus christ : so that the gospell is not altogether in vaine vnto them , because it workes some good vpon them , though it conuert them not . sixthly , reprobates by meanes and vertue of the gospell which is preached to them , doe injoy the society and company of gods elect and chosen saints , by meanes of whom their soules and bodies doe oft times fare the better . it s no small benefit or blessing to injoy the company of gods elect : for as their company is louely , comfortable , sweete , amiable , innocent , mild and harmelesse ; so it is a meanes of keeping many judgements from , and pulling downe many blessings vpon reprobates and cast-awayes : it is common in the scriptures , and ordinary in experience , that god sometimes t blesseth reprobates , and v keeps of judgements from them for the godly mens sake that liue among them : wherefore though the gospell doth not conuert them to the lord , yet it is not in vaine vnto them euen in this respect . seuenthly , reprobates who liue vnder the gospell are sometimes made the instruments and meanes of good to others , and the furtherers of gods glory , though they doe no good to themselues : kings , ministers , magistrates , schollers of all sorts , artificers , and the like , though they are such as god hath rejected , are oft times made the instruments of much good vnto the saints , the executioners of gods will , and the aduancers of his glory ; which brings much joy and comfort to them for the present , and gaines respect and honour to them in the sight of men : since therefore reprobates injoy so many blessings , priuiledges and comforts by the gospell as these here mentioned , they haue no cause to say that god deludes and mockes them , when as he sends the gospell to them ; because though he giues no inward efficacy nor power to it , to conuert and saue their soules , yet he deriues many outward blessings , comforts , priuiledges and fauors to them by it , for which their soules and bodies fare the better . if you now object , that the gospell aggrauates the sins of reprobates , and makes their condemnation greater , because it leaues them without excuse : therefore they are no gainers , but losers by the gospell . i answere , that it is true , that it had bin better for some reprobates , yea for all those reprobates that goe on in sinfull and rebellious courses without restraint , that they had neuer injoyd the gospell by reason of their disobedience to it : but as for others who are reclaimed by it , though it aggrauates their condemnation one way , in adding to the greatnesse of their sins ; yet it extenuates it another way , in detracting from the multitude and number of their sinnes , which they would haue doubled and trebled , had not the ministry and preaching of the word restrained them : so that they are farre greater gainers in this last respect , then losers by the first : all reprobates fare the better for the gospell here , in regard of those many outward blessings and priuiledges that accompany it ; many of them speede the better for it not onely here but hereafter to : those that fare the worser for it , it is from their owne defaults , they might haue vsed it better if they would themselues , in hauing more care and conscience to practise and obey it : so that the gospell is a blessing to them all , though it proues a curse and condemnation vnto them through their own defaults . lastly , though god doth not giue men power to beleiue and receiue his gospell , yet he doth not delude them though he offers it vnto them with a desire that they should receiue it : for as god doth not delude men in injoyning them not to sinne , and to obserue his law in euery point , though he giues them no power nor strength to doe it , and though it be impossible for them to fulfill it ; no more can he be said to delude or mocke men in offering grace vnto them by the gospell , though he giues them no power to receiue it : because hee commands them no more then they had strength at first to doe , which strength and power they lost through their owne defaults : and because the end of this command is to no other purpose but to cause men for to see their owne disability , and so to fly to him for strength , for grace and mercy . but you will now demand of me , if the gospell doth truly and of right belong to none but the elect , if it conuerts and saues none else but they , why then is it propounded so generally to all , to reprobates as well as others ? if it were proper and peculiar to the elect alone , it should be preached to none else but they . to this i answer , that the gospell is thus generally propounded vnto all , not because it belongs alike to all , or because god intends that it should be alike effectuall vnto all ; but because it is the will , the pleasure and command of god , that it should be thus propounded : as is euident by marke 16. 16. luke 10. 5 , 6. cap. 24. 47. matth. 13. 3. to 24. acts 1. 8. col. 1. 6. 21. now the reasons wherefore the gospell is thus generally propounded vnto all , though it be principally intended for the conuersion and saluation of the elect alone , are these . first , because reprobates are a intermixed and mingled with the elect , as the weedes and tares are with the corne and grasse , as the chaffe is with the wheate , and as the stones are with the mellow ground : now as the rain doth oftimes fall vpon the tares , the weeds and stones , as well as on the corne , the grasse , and mellow ground , not because it is principally intended vnto them , but because they are intermixed with the grasse , the corne , and fertile ground : and as the * fanue doth blow vpon the chaffe as well as on the wheat , because it s mixed with the wheate , though it seatters the one , and purgeth the other : euen so the pleasant showers and breathings of the gospell doe oft times b fall on reprobates and wicked men , ( who are compared to weedes , to tares , to rockes , and chaffe throughout the scripture ) not with a determinate purpose to conuert and saue them ; but because they are mingled with the elect and chosen saints of god , ( who are compared to wheat , to corne , to good and mellow ground , ) for whose effectuall calling and conuersion they are only sent . secondly , the gospell is thus generally propounded to all that will imbrace it , and not to the elect alone ; because the ministers of the gospell being but fraile and silly men as others are , and not able to discerne into the secret counsell and decree or god , cannot distinguish betweene the elect and reprobates : * if the ministers could discerne betweene the elect and reprobates , betweene those that would imbrace and willingly receiue the gospell , and such as would reject it , they might then propound the gospell to the elect alone ; but because they know not who are chosen and elected , nor who are reprobated : therefore they must preach the gospell vnto all , that so those who are elected may be effectually called and conuerted out of all . thirdly , the gospell must be thus propounded , because else it would be vaine and ineffectuall vnto all ; for if the gospell should be pronounced to the elect alone , ( as he that is elected shall be saued ; ) then no man could apply it to his owne soule ; for before a mans conuersion vnto god , he can neuer truly say that he is elected : yea the very elect themselues can neuer say that they are elected , till they find the blessed fruites of election in their hearts , which are wrought by the preaching of the word : so that if the gospell should be preached to the elect alone , it would be ineffectuall , vaine and idle ; because no man could then c apply it to himselfe : therefore it is propounded generally vnto all , that so men might be able to apply it . fourthly , the gospell must be thus propounded , that so no man whiles he liueth here might haue cause to despaire of gods d mercy : if god should cull out his elect from among the reprobates , and make an open diuision and seperation of them here , preaching the gospell vnto them alone , then all these reprobates must needes despaire of his grace , and runne into some desperate course , knowing that they are designed and marked out for hell : but now when as the gospell is thus generally propounded vnto all , it alwaies nourisheth some hope in reprobates , and keepes them from despaire . fifthly , the gospell is thus generally preached vnto all , that so reprobates who wilfully disobey , reject , and slight it , e may be left without excuse , laying all the blame vpon themselues , and not on god , who was not wanting to them in the meanes . sixthly , the gospell is thus generally propounded vnto all , though it becomes not effectuall vnto all , because the saints of god who are conuerted by it , may haue greater cause to loue , to blesse f and praise the lord for making it effectuall vnto them , when as he hath not made it so to others . seuenthly , it is thus propounded vnto all , because it is a g rule of life to reprobates as well as others , though it be no salue nor plaister to them for to heale their soules : the gospell though it workes not grace in all , yet it is a square and rule of life to all that heare it ; and it is that by which they shall * be iudged at the last : h wherefore though it be effectuall to none but the elect , yet it must be preached vnto all alike , because it is a rule and square of life and judgement vnto all . eighthly , it is thus propounded vnto all , i that so the riches of gods loue and mercy to mankind in iesus christ his sonne , and all ●is great and glorious attributes , together with the mysteries of saluation , and his reuealed will , might be more publikely knowne , manifested and reuealed to the sons of men , to the glory and praise of god : the more the gospell is spread abroad , the k more god and christ are glorified though it conuerts not all : because it doth more propagate and divulge those great , those glorious attributes & treasures of goodnesse which are in them , and wins them a greater , a more awfull and commanding reuerence and adoration in the hearts of men : there ore it is thus preached vnto all . ninthly , it is propounded vnto all because it workes effectually on many reprobates , though not to turne them wholly and fully to the lord , yet to conuert them from their l atheisme , their paganisme , idolatries , prophane and dissolete courses , and from many other sins , into which they would haue plunged themselues , had not the gospell pulled them backe : we know it by experience , that the gospell works very far on many reprobates ; it makes them m doe much , and part with many sins : and though it neuer workes so rarre as thorowly to change and saue their soules , yet it brings them nearer to saluation then else they could haue come : it makes their condemnation lesse by lessening of the number of their sins . tenthly , the gospell must be thus propounded , that so those reprobates that heare it might n inioy the outward blessings and priuiledges which it brings , as well as the elect : which they could neuer do , if it were propounded to the elect alone eleuenthly , the gospell is thus propounded vnto all , that so reprobates as well as others might o beare witnesse to it , and p acknowledge god and iesus christ as well as others : if the gospell had bin preached to the elect alone , then many who professe the gospell acknowledging the deity of god and christ , and the truth and holinesse of the gospell , had layen still in darknesse , and in their heathenish rites , and superstitious worshipping of diuells , stockes , stones , and other creatures for gods , and imbracing fabulous , blasph mous , absurd and idle poems and histories of their idoll-gods , for sound diuinity ; by which the glory of god and christ , and the truth and testimony of the gospell should haue bin much ecclipsed : god therefore commands the gospell to be propounded vnto all , and not to the elect alone , that so all men might come to the acknowledgement of his truth and deity , for the greater manifestation of his glory . twelsthly , the gospell is thus propounded vnto all , that so reprobates as well as others might be q conuinced of their own weaknesse , wretchednesse and peruersenesse in gods sight , and acknowledge that he deales justly in rejecting them , and in inflicting vengeance on them for their sins : when a reprobate by the light of gods holy word shall see what he hath lost in adam , and what corruption he hath drawne from his ioynes ; when he shall discouer by the brightnesse of the word , the greatnesse bulke and infinite multitude of his sins ; then he is euen forced r to confesse , that god deales justly with him : then his conscience stops his mouth and makes him s speachlesse , so that he hath nothing to reply against god ; but willingly submits vnto his doome , as being scarce proportionable to his sinne : so that there is great reason why the gospell should be thus propounded vnto all , though it conuerts not all that heare it . thirteenthly , the sacraments are administred vnto all , to t reprobates as well as to the elect : reprobates are baptized , and receiue the sacrament of the lords supper as well as any of gods chosen ones : it is fit therefore that the gospell should be extended vnto all as well as the sacraments , because they are both of the same extent and latitude , and goe hand in hand together , like twins that cannot be diuided . lastly , the gospel is thus propounded vnto all , because it hath a seuerall effect in all ; though not to saue & conuert all those that heare it : to the elect , it is the v power of god to saluation , w the sauour of life vnto life , & the effectuall x meanes of their true conuersion & saluation : to the wicked y it is the sauorof death vnto death , the rule of life and judgement , the declaration of gods will and pleasure , the cause z oftimes of their obduration & greater condemnation , by reason of their contempt and neglect of it . since therfore the gospell hath a work in reprobats as well as in the elect , it is propounded to them both ; yet not as vnto elect and reprobates , nor in absolute & posiciue terms , but as to men who are capable of grace & saluation , if they repent , & belieue that gospell which is preached to them , and of damnation if they do reject it : and thus you see this grand objection cleared , that god is no deluder nor impostor , though he hath not purposed nor decreed to conuert and call all such to whom the gospell is preached . finis . notes, typically marginal, from the original text notes for div a10181-e110 * rom. 9. 7 , 8. gal. 2. 22. a iohn . 10. 3 , 4 , 27. b tie . 1. 1. c iohn . 17. 6 , 8 , 14 , 17 , 20 , 26. iude 3. d rom. 1. 7. 16 , 1. c 8 , 26 to 35 1 cor. 1. 2. 2. cor. 1. 1. ephesians . 1. 1. to 15. c. 2. 1. to the end . phil. 1. 1. col. 1. 1. 1 thes. 1. 1 , 3 , 4. 2 thes. 1. 1. 3. ca. 2. 13 , 14. 1 pet. 1. 1. to 24. ca 2. 7 , 9 , 10. 2 pet. 1. 1 , 10. 2 ioh. 3. 3 ioh. 2. 3. iude 1. 3. ps. 50. 16 , 17. * mark. 16. 16. e 2 tim. 2. 10. f ephe. 4. 11 , 12 g eph. 1 1 , 4 , 5 , 6 , 9 , 10 , 11 , 22 , 23. c 1. 7 , 10 , 13 , 19 , 21 , 22 c. 5. 2● , 29 , 30. 1 pet. 5 13 ro. 8. 29 , ●0 . hebr. 12 22 , 23. h matth. 24. 31. i heb. 1 , 14 reu. 7. 3. to 16. k acts. 10. 28. ioh 21. 15 , 16 , 17. 2 tim. 2. 10. l mat. 16 , 15 , 16. m acts. 13 48. iohn 10. 26. rom 8. 30. obiect . answ. obiect . answer . 1. * gen. 18. 14 , c. 17. 1. c. 35. 11 1 chron 29 11 , 12. 2 chro. 20. 6 , 7. iob. 12. 13. to the end . c. 9. 4. to 20. cap. 23. 13 , 14. c. 33. 12 , 13. ca. 37. 7 , 12. c. 40. 9 ca. 42. 2. ps. 47. 3 p. 115 3. psal 135. 6. prou. 21. 1. 30. eccles. 9. 1. isai. 4 27. ca. 40 10. to 18. 22. to 30. c 43. 13. ier. 18. 3. to 11. cap 32. 27. c. 49 19. ezech . 22. 14. dan 2. 20 , 21. c. 4. 35. ca. 5 29. acts 5. 39. ca. 6. 10. c 11. 17 ro. 9 19 , 20 , 21. ioh 5. 21. 2 cos 10. 4 , 5. eph. 1. 11 , 19 , 20 , 21. * iames 3. 2. 2 chron , 6. 36. n eccch. 18. 23 , 32. obiect . answer . 7. o see ioh. 18. 40. matth. 22. 5 , 6. ca. 23. 37. luke 13. 3 〈◊〉 19 , 15 , 27. act. 3. 14. c. 7. 51. ca. 13. 45 , 46. iohn 3. 19 , 20. ca. 1 , 10 , 11. p ephes. 2. 12. q heb. 6. 4 , 5 , 6. r iob. 21. 7. to 17. psal. 73. 3. to 13. s mark. 6. 10. matth. 7. 22. see mr. perkins how far a repro bate may goe . t gen 30. 30. c. 39. 5. 21 , 23. v gen. 18. 23. 10 33. obiect . answ. quest. answer . a matth. 13. 24. to the end . * mute . 3. 12. b heb 6. 4 to 9. alat . 13. 3. to 24 * august , dc ciu. dei lib. 21. e. 24. si de aliquibus i. ta ecclesia certa esset , vt qui sunt illi etiam noscet , qui licet adhuc in vita sine constituti , tamen predestinati sane in aeternum ignē ir e cum diabolo : twn pro tis non ordret , quam nec pro ipso &c. c hebr. 4. 2. 3. d 1 pet. 1 , 13. e rom. 1. 20 ezech 2. 3. iohn 15. 22. math. 10 18. cap. 24. 14. 2 cor. 2. 15 , 16. f 1 pet. 2. 9. eph. 1. 5 , 6 , 11 , 12. g gal 6. 16. ro. 3. 27. cap. 7. 25. psal. 119. 9. h iohn . 12. 48. rom. 2. 12 , 16. i see ephes. 7. 5. to 11. phil 2. 9 , 10 , 11. 2 cor. 2. 14 , 15 , 16. k 2 cor. 2. 14 , 15 , 16. l 1 thess. 1. 9. 10 m marke 6. 20. n matth 5 25. o matth. 24. 14. p 1 tim. 2. 4. colloss 1. 6. 23. matth. 24. 14. q rom. 7. 7. 8 , 9 10 17. icr. 3. 25. ioh. 9. 41. c. 16. 8. 9. rom. 3. 19. matth. 2● . 14. r ps. 64. 8. 9. ps. 58. 11. exod. 9. 27. ezech. 14. 22 , 23. s matth. 22. 12. t 1 cor. 11. 27. 28 , 29 , 30. v rom. 1 16. acts 11. 24. w 2 cor. 2. 15 , 16. x 1 cor. 1. 18. 21. cap. 2. 5. cap. 4. 15. iames 1. 18. col. 1. 12 , 13. y 2 cor. 2. 16. z isay. 6. 9 , 10. ezech. 2. 10. ioh. 15. 22. ro. 2. 20. an appendix to a seasonable vindication of free-admission, to, and frequent administration of the lords holy communion, to all visible church-members, regenerate or unregenerate. by william prynne esquire, a bencher of lincolns inne. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91143 of text r203362 in the english short title catalog (thomason e916_1). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 22 kb of xml-encoded text transcribed from 7 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91143 wing p3894 thomason e916_1 estc r203362 99863334 99863334 115527 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91143) transcribed from: (early english books online ; image set 115527) images scanned from microfilm: (thomason tracts ; 138:e916[1]) an appendix to a seasonable vindication of free-admission, to, and frequent administration of the lords holy communion, to all visible church-members, regenerate or unregenerate. by william prynne esquire, a bencher of lincolns inne. prynne, william, 1600-1669. prynne, william, 1600-1669. seasonable vindication of free-admission, and frequent administration of the holy communion to all visible church-members, regenerate or unregenerate. [2], 10 p. [s.n.], london : printed in the year 1657. annotation on thomason copy: "june 27.". reproduction of the original in the british library. eng lord's supper -church of england -early works to 1800. a91143 r203362 (thomason e916_1). civilwar no an appendix to a seasonable vindication of free-admission, to, and frequent administration of the lords holy communion, to all visible churc prynne, william 1657 3583 11 0 0 0 0 0 31 c the rate of 31 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 apex covantage keyed and coded from proquest page images 2007-07 jonathan blaney sampled and proofread 2007-07 jonathan blaney text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion an appendix to a seasonable vindication of free-admission , to , and frequent administration of the lords holy communion , to all visible church-members , regenerate or unregenerate . by william prynne esquire , a bencher of lincolns inne . augustin . in psal. 48. enar. concio . 1. tom. 8. pars 1. p. 535. manducant illi et adorant ; manducant isti et saturantur , tamen omnes manducant . exigitur de manducante quod manducat ; non prohibeatur manducare a dispensatore ; sed moneatur timere exactorem . audiant ergo ista peccatores et justi ; gentes et qui habitant orbem , terrigenae et filii h●minum , simul in unum dives et pauper , non divisi , non separati : tempus messis hoc faciet , manus ventilatoris hoc poterit . nunc simul in unum audiant dives et pauper , simul in unum pascantur haedi et agni , donec veniat qui segreget alios ad dextram , alios ad sinistram . simul in unum audiant docentem , ne segregati ab invicem audiant judicantem . london , printed in the year 1657. an appendix to a seasonable vindication of a free — admission to , and frequent administration of the lords holy communion , &c. having at large demonstrated the constant practice of the primitive church in the frequent administration of the holy communion to all visible unexcommunicate church members , by the testimony of fathers , councils , & other writers of all sorts , with the continuation , approbation of this laudable practice in our own and other reformed churches , till of late years ; i cannot but with much grief of heart , behold the discontinuance and disusage of it in sundry of our churches for divers years together , as a sad symptome both of the corruption , degeneracy , apostacy , unzealousness of our church and ministers in these reforming times ; it being a tho. beacon his true observatior ; that when the church of christ was most pure , the sacrament of the body and bloud of christ was most often received of the christians . therefore the rare using , suspending , and quite casting aside of this sacrament for sundry years together in many churches , is an undoubted evidence , not of the reformatiō , but corruptiō , apostacy of those churches ( especially of their ministers , the chief authors of it through ambition , faction , design , anabaptistical , or popish principles : which i hope those who profess themselves judges of the law will now take care publikely to redresse , upon the peoples * sad complaints of their ministers neglects herein , on the one hand , as well as to give them relief for their tithes , when or where injuriously detained , on the other hand . for their better incouragement herein , i shall for the honor of the professors of the law of that honorable society of lincolns inn , whereof i am a member , present the world with some memorable orders , made by the benchers of that society in the reigns of q. eliz. k. james , and k. charls , for the frequent receiving of the lords supper in the chapel therof , by every member of the same ; and expulsion of all such out of the society as unworthy to be members , who refused frequently to receive it ; or forbore to communicate in the chapel there ; ( according very well with the discipline of the primitive church and times ) now fit to be revived in the said christian society , where two or three sacraments for many years past have been , and still are constantly administred every term , to give good example to all other churches , chapels throughout the nation , and convince all present members of that society , who negligently , or obstinately forbear to repair to the ordinances , and sacrament there administred in this age , how well they deserve to feel the rod of the antient discipline of the society , inflicted upon such delinquents in former times , comprised in these following orders entred in the black books thereof for that end , and the benefit of posterity . b ad concilium ibidem tentum in fest. ascentionis anno 12. reginae elizabethae , in praesentia of 12. benchers , this letter from the lords of the queens council was read and entred in the black book . to our loving friends , the antients and benchers of lincolns inne , vvhereas of late time knowledge hath been given to us of her majesties council , and the same also manifestly and orderly declared this day in the starred chamber at vvestminster , being then accompanied with the most reverend father in god the archbishop of canterbury , and other bishops of the realm , and certain of her majesties iustices , and others of her learned counsel , that these persons hereafter named , that is to say , roger corham , gerrard lother , henry harper , john brown , and thomas egerton , being fellows of lincolns inne , have of long time misused themselves , in contempt of the lawes of this realm , and contrary to the laws ecclesiastical ; partly in not resorting to the church , or other place of common prayers at accustomed times ; partly in not receiving the blessed communion at times convenient , but contrariwise , using other rites and services , which are by the laws of the land prohibited , and in these disorders , have lived and continued a long time , to the evil example of others in their society . we have upon good deliberation ordered and decreed , and by these presents do ordain and decree in the queens majesties name , that every of the said persons shall immediately for these their former long and manifest contempts and offences , be excluded out of commons in that house , and shall forbear to give any counsel in the law , or to resort to any barr or place of iustice , there to plead by plaint , defence , or demand , in any sute or cause belonging to the law , other than for themselves , if they shall be by ordinary processe thereto called ; and that they and every of them shall obey this order , untill they shall by gods goodnesse reconcile themselves , and amend those their defaults ; which is a thing more desired , than any punishment of them : & the same their reconciliation to be testified by the bishop of london their ordinary : whereupon they shall be received again into commons , and allowed to give counsel , and plead to all purposes , as before this order they might have done . and otherwise upon continuance in their obstinacy ▪ to be utterly excluded for ever from the society , with such further punishment as shall thereto belong . furthermore , to avoid the increase of these contempts in that house , we have thought meet , and so we doe by these presents command , that no person of your society being commonly or wittingly known or vehemently suspected to mislike of the rites and orders established in this realm for religion , be called , or allowed from henceforth , to any degree in that house until the same have sufficiently purged himself of the said suspstion . and to the intent that this our order and decree may be duely executed , we will and straitly command you with all convenient speed openly in the accustomed place of your assembly , to notifie the same to the parties above-named , and to all others of that fellowship , to the end they may thereof take knowledge , and avoid all occasions of offence in the like on their own part , or otherwise they must look to be ordered , according to their deserts . at westminster the 20th of may , 1569. your loving friends , nicholas bacon , c. s. j. pembrook . w. northampton , e. bedford . r. leicester . g. clinton . william howard , f. knowels , w. cicill , r. sadler . after this letter : lincolns inne . c ad concilium ibidem tentum 4 die junii , anno regni elizabethae reginae 12. in the presence of 14. benchers . it is ordered , that for as much as mr. cortham , mr. gerrard lother , and mr. brown have been out of commons , and sequestred from practise by the councils letters for ecclesiasticall causes , by the space of one year and more , that unless they bring certificate of their reconciliation in religion from the bishop , before the last day of this term , that then they three shall be utterly expulsed the house , without all hope of readmission . and that all others which have been called before the said bishop , and other judges in causes ecclesiastical , for suspition of their sincerity in religion , or their offences in these matters , shall be likewise expulsed the fellowship , unlesse they bring certificate of their reconciliation from the said bishop , before quindena michaelis . and if mr. egerton shall bring certificate from the bishop that he is reconciled in religion before the end of this term , then he likewise to be called to the barre at the next moote . one chief cause of these gentlemens suspension from commons , practice , and final expulsion , is expressed to be , their not receiving the blessed communion at times convenient . which was seconded with other succeeding presidents of expulsion for this very cause . ( d ) ad concilium ibidem tentum 28 die octobris , anno regni elizabethae 14. in praesentia gubernatorum ( being 13. in number , whereof three were not long after made judges under the queen . ) inprimis it is ordered , that if mr. blackwell upon saturday next be not at service in the chappel here , and upon sunday next at the service and sermon in the chapel here , and there decently behave himself all the service while , and receive the communion here upon sunday next , that then he shall stand out of commons and forbear the benefit of his chamber . and unlesse he receive the communion here openly some sunday this term 〈…〉 he shall be no fellow of this house , and stand expulsed from thenceforth . d ad concilium ibidem tentum 17. die novembr . anno regni dom. r. elizabethae 18. at which 11 benchers were present , richard king smell attorney of the queens court of wards and liveries , being the first . mr. vicars is expulsed the fellowship of this house , for that he hath obstinately refused to receive the communion according to the orders of this house . e ad concilium ibidem tentum : die jovis 8. die maii anno regni dom. reginae elizabethae , &c. 2c . in the presence of 13 benchers . it is ordered , that every man of the house shall at the least once in the year ( 〈◊〉 be in commons receive the holy communion in some term time , within the chapel of lincolns inne . f ad concilium ibidem tentum 28 die maii , anno regni elizabethae , &c. 26. in praesentia thomae egerton , then sollicitor , and ten more benchers . mr. henry stephens sometimes a gent. of this fellowship for not communicating by the space of two years , being also moved , to communicate , he refused ; and therefore it is ordered , that for those causes he shall be expelled out of this fellowship . these presidents i find in queen elizabeths reign ; from which i descend to king james . the benchers of the society taking notice of the paucity of those who resorted to the sacrament of the lords supper when administred every term , thereupon made this ensuing order . g ad concilium ibidem tentum , 2 die maii anno regni regis jacobi , &c. 3. in the presence of 15 masters of the bench presen 〈…〉 . for as much as it appeareth at this council , that there is in commons in this house of benchers , barresters , and young gentlemen every term to the number of 140 persons and above ; but there having been in every term a communion in the chapel of this house ; that of the said 140. persons there communicateth not usually above the number of forty . thereupon sir john tindal knight dean of the chapel , mr. irbie , mr. hughes , and mr. winch , four of the masters of the bench , are intreated to call before them all such as have so neglected to receive , and to examine their religion , and life , and of their opinions and proceedings in this behalf to certifie the bench , so soon as conveniently they may . further , at this council it was ordered ; that all such as are now in commons in this house every one of them shall communicate in our chapel on sunday next , or on thursday following , ●●ing ●●cension ●ay , a●●if any shall refuse or neglect so to receive , he shall be expelled this house and fellowship , unl 〈…〉 shall shew good 〈…〉 the bench of such his refusal , or forbearing to communicate . h at a council held in lincolns inne , 30 januar. anno 18. jacobi regis . mr. clinton a popish recusant ; who would not conform himself ( in repairing to the chapel , and receiving the sacrament ) was declared , not to be called to the barr , and likewise expelled the society : and at a council there held , 23 aprilis 19 jacobi ▪ mr. anthony hunt for the self-same cause ; was expelled the house , by a special order . after this , during the reign of king charls , mr. andrew brown . and mr. richard minshaw were both by several orders of the council of benchers in lincolns inn , first suspended the house , for not repairing to the chapel , and receiving the communion of the lords supper , and continuing still obstinate ( notwithstanding the queens letter and intercession ) finally expelled the society , as appears by the i orders of 29 julii , & 30 octobris anno 2. caroli regis , entred in the black book . k novembr . 18. 1641. at a council held in lincolns inne before mr. oliver saint-john , then sollicitor to the king , sir rowland wainsford , attorney of the court of wards and liveries , and the rest of the benchers , the butler was ordered , to deliver the names of such to the bench as had not received the communion in the chapel of this house , within one year last past ; to the end that they might tender the oaths of supremacy and allegiance to them , by a special commission then directed to them to administer these oaths to all members of the house , and of the innes of chancery thereto belonging , who were suspected in their religion . the not receiving the sacrament at least once a year in the chapel of the house , being then and in all former times , reputed a sufficient badge of suspition in religion , and inclination to popery . how then it can be now reputed a character of saints , or protestants of the highest form , and of the most refined sublimated orthodox christians , transcends my capacity to comprehend . by these presidents ( omitting l others of like nature , ) it is apparent , that queen elizabeth , with her council , judges , & the masters of the bench of the honorable society of lincolns inne , during hers , king james , and king charles successive reigns , reputed all those admitted into it , of what quality soever , unworthy to be called to the barr , bench , or permitted to reside in , or continue members of the society ; who neglected or peremptorily refused to repair constantly to the chapel to gods publike ordinances , or to receive the lords supper there with the rest of the society , at least once every year : whereupon after due admonition and perseverance in this their irreligious neglect , they finally expelled them the house , as putrid members , suspected , tainted in their religion , lest they should corrupt and leven others ; even as the primitive church , and christians constantly excommunicated , expelled all those from their church , society , who neglected or refused to communicate constantly with them in the lords supper , when it was administred . which godly discipline , i heartily wish may now be carefully revived , severely executed in all our innes of court , and all churches throughout the realm , as well on refractory ministers , who obstinately refuse to administer the sacrament to their people , as on negligent or obstinate non-communicants , who repair not to the communion , when and where it is administred ; all of them forgetting that memorable saying of st. bernard , recorded by m thomas beacon ; he that hath a wound , seeketh a medicine : we have a wound whiles we are under sinne ; the medicine is the sacrament , daily receive , daily thou shalt be healed ; n duo enim illud sacramentum operatur in nobis ; ut videlicet ita sensum minuat in minimis , et in gravioribus peccatis tollat omnino consensum : si quis vestrum , non tam saepe modo , non tam acerbos sentit iracundiae motus , invidiae , luxuriae , aut ceterorum hujusmodi , gratias agat corpori & sanguini domini , quoniam virtus sacramenti operatur in eo ; et gaudeat quod pessimum ulcus accedat ad sanitatem . tanta siquidem est vis sacramentorum qui diebus istis recoluntur , ut possint ipsa quoque lapidia scindere cordae , & pectus omne licet ferreum emollire sufficiant : as the same bernard elegantly resolves . those ministers then may justly fear their hearts are harder than stone , and brests more obdurate than iron , who o neglect or refuse diligently , frequently , constantly to administer this sacrament to their people to break their stony hearts , soften their iron brests , abate the power of their greatest sinnes , close up and cure their wounded souls ; and those christians doubtlesse are the greatest enemies to their own salvation and spiritual cure , who make the greatness , heinousness of their sinnes , the only argument to keep them from the constant use of this holy sacrament , which should be the strongest motive to invite them thereunto , that they might be healed and reformed by it . it is ' acknowledged by all divines , that this sacrament is both a special means of grace , and soveraign balsom to cure all wounded sin-sick souls . therfore for any ministers , or spiritual physicians to suspend their people , or for any visible churchmembers to seclude themselves totally from this means of grace , and soveraign medicament , till the work of saving grace be visibly wrought in them , and their spiritual wounds and maladies perfectly cured , is professedly to keep them from the means , till they have attained the end therof without them , and diametrically to contradict both our saviours doctrine and practice , mat. 9. 12 , 13. they that be whole need not the physician , but those that are sick : for i came not to call the righteous , but sinners to repentance . wherefore p nolite illorum acquiescere consiliis qui cum sint christiani , christi tamen vel sequi facta , vel obsequi dictis opprobrio ducunt . finis . notes, typically marginal, from the original text notes for div a91143e-150 a in his catechism , vol. 1. f. 463. * see my legal resolution of two important quaeres . b lib. niger 5. f. 111 , 112. lincolns inne . c lib. niger 5. f. 151. b. ( b ) lib. niger 5. f. 113. b. d lib niger 5. f. 200. e lib. niger 5. f. 248. b. f ibidem , f. 358. b. g lib. niger 6. p. 308. 2. lincolns inne . h lib. niger 7. f. 46 i lib. niger 7. f. 183 , 184 , 185 , 186 , 187 , 188 , 190 , 191 , 199 , 294. k lib. niger 7. f. 493. l see lib. niger 5. f. 181 , 182. m in his catechism , vol. 1. f. 463. n bernard . in coena domini ser. f. 38. o si lucri spiritualis gratia hoc faciunt , laudandus est zelus , sed praesumptio corrigenda , bern. epist. 42. p bernard epist. 42. an exact catalogue of all printed books and papers of various subjects written upon sundry occasions by william prynne ... ; before, during, since his imprisonments. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56159 of text r7252 in the english short title catalog (wing p3950). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 34 kb of xml-encoded text transcribed from 10 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56159 wing p3950 estc r7252 12989127 ocm 12989127 96296 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56159) transcribed from: (early english books online ; image set 96296) images scanned from microfilm: (early english books, 1641-1700 ; 258:e190, no 2) an exact catalogue of all printed books and papers of various subjects written upon sundry occasions by william prynne ... ; before, during, since his imprisonments. prynne, william, 1600-1669. [4], 15 p. ... for edward thomas ... by t. childe and l. parry, london : 1660. originally published: london: michael sparke, senior, 1643. reproduction of original in thomason collection, british library. eng early printed books -catalogs. early printed books -17th century. a56159 r7252 (wing p3950). civilwar no an exact catalogue of all printed books and papers of various subjects, written upon sundry occasions by william prynne esq; a bencher of th [no entry] 1660 5115 56 0 0 0 0 0 109 f the rate of 109 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2002-04 tcp assigned for keying and markup 2002-05 spi global keyed and coded from proquest page images 2002-06 kirk davis sampled and proofread 2002-06 kirk davis text and markup reviewed and edited 2002-07 pfs batch review (qc) and xml conversion an exact catalogue of all printed books and papers of various subjects , written upon sundry occasions by william prynne esq a bencher of the honourable society of lincolns-inne . before , his imprisonments . during , his imprisonments . since , his imprisonments . iucundi acti labores . eccles. 12.12 . of making many books there is no end , and much study ( or reading ) is a werisomnesse to the flesh . london , printed for michael sparke , senior . 1643. and re-printed for edward thomas , at the adam and eve in little britain , by t. childe , and l. parry . 1660. the stationer to the reader . reader , i have with much importunity ( after many denials ) obtained and published a perfect catalogue of all printed books and papers of several subjects , kinds ( besides many other treatises yet un-published ) written by william prynne of lincolns-inne , esquire ; not out of any vain glorious ostentation of the authors indefatigable industry , and manifold good services to this church , kingdom , parliaments , and our kings themselves ( whose rights and liberties he hath alwaies vindicated , upon every emergent occasion , against all opposites and underminers , to the losse of his own liberty , estate , and hazzard of his life , without the least thought of recompence or reward ) but for these two principall reasons . first , to free the author from those old & new spurious impostures which have been injuriously fathered on him by walker the ironmonger , saunderson , and sundry other imposters , to his dishonor , and the readers delusion . secondly , to prevent all imperfect catalogues , and to discover what copies of his have been published by erronious manuscripts , varying from the original , without his knowledge , ( by some who aimed more at their own private benefit , then the publick ) his only end in compiling all these ensuing treatises , being only gods glory , the publick good of our church , state , king , kingdom , and preservation of our religion , laws , liberties , properties , government and parliaments privileges , against all underminers of them by force or fraud , not any private gain , he freely giving his copies to those who printed them ; and disbursing above one hundred pounds out of his own purse , to publish and disperse sundry of these treatises and papers for his majesties and the parliaments service , and his countries publick good , when none durst undertake to print them , for fear of utter ruine , by usurping , arbitrary , tyrannical civil and military powers . if thou reap any information , consolation , reformation or edification by any of these publications , let the author enjoy thy prayers and just respects , and his stationer thy custom . an exact catalogue of all printed books and papers written by william prynne of lincolns inne esq before , during , since his imprisonments . [ books written and printed before his first imprisonment , febr. 1. 1632. ] 1. the perpetuity of a regenerate mans estate , against the saints total and final apostacy : twice printed for mich. sparke , london 1627. 2. healths-sicknesse , against the common abuse of drinking and pledging healths , and odious sin of drunkenness , dedicated to king charles , twice printed , london 1628 3. the vn-lovelinesse of love-locks and long ( womanish ) hair , london 1628. 4. a bri●f survey and censure of master cozens his couzening devotions , london 1628. twice printed . 5. anti arminianism , london 1630. twice printed , together with an appendix , concerning bowing at the name of iesus , proving it no duty of , nor warranted by the text of phil. 2.9 , 10. printed at the end thereof in the second edition . 6. god no impestor , nor deluder , london 1630. twice printed . 7. lame g●les his haultings , together with an appendix , concerning the popish original and progresse of bowing at the name of i●sus , london 1631. twice printed . 8. histriom●stix , the players scourge , &c. against the intoller●b●e mischi●f● , and abuses of common playes and play-houses , london 1633. for this he was imprisoned and grievously censured , though licensed by authority : but his censure afterwards repealed as causelesse , groundlesse , illegal , unjust , by both houses of parliament , and playes and play-houses suppressed . [ books written during his imprisonment in the tower of london . ] 9. appendix , supplementum , & epilogus , ad flagellum pontificis , touching the parity of bishops and presbyters iure divino , anno 1635. 10. a breviate of the prelates intollerable vsurpations , and encroachments , upon the kings prerogatives , and subjects liberties , with an appendix to it , anno 1635. 11. certain quaeres propounded to the bowers at the name of iesus , and the patrons thereof , anno 1636. 12. the vn-bishoping of timothy and titus , proving them no diocesan bishops of ephesus or crete , and that presbyters h●ve a divine right to ordain ministers , as well as bishops , with a postscript , anno 1636. reprinted with additions london 16●0 . 13. a looking glass for all lordly prelates , anno 1636. 14 certain quaeres propounded to bishops , &c. anno 1636. 15. instructions for church-wardens , concerning visitation articles , fees , oathes , &c. anno 1636. 16. news from ipswich , anno 1636. 17. a catalogue of such testimonies in all ages , as plainly evidence , bishops and presbyt●rs to be both one , jure divino , &c. an. 1637. reprinted an. 1641. 18. a quench-cole , with an appendix to it , in answer to a cole from the altar , and other pamphlets , touching altars , an● bowing to , or towards them , anno 1637. 19. an humble remonstrance to his majestie , against the tax of ship money now imposed ; laying open the illegality , injustice , abuses , and inconveniences thereof ; written in the tower , 16●6 . very corruptly printed without the authors privity , anno 1641. since reprinted by a perfect copy , london 1643. 20. additions to the first part of a dialogue between a and b , concerning the sabbaths morality , and the unlawfulnesse of pa●times on the lords day , anno 1636. twice printed . 21. the antipathy of the english lordly prelacy , both to regal monarchy , and civil vnity , or , an historical collection of the several execra●le treasons , conspiracies , rebellions , state-schisms , contumacies and antimonarchical english , british , french , scotish and irish lordly prelates against our kings , kingdoms : and of the several wars and dissentions occasioned by them in and against our realm , in former and later ages , in two parts , ( first , written in the tower , but enlarged and published by authority , since his enlargement , and return from exile . ) london 1641. [ books compiled during his close imprisonment in mount-orgueil castle in iersey . ] 22. mount-orgueil ; or , divine and profitable meditations raised from the contemplation of these three leaves of natures volume . 1. rocks . 2 seas . 3. gardens ; with , a poem of the souls complaint against the body , and comfortable cordials against the discomforts of imprisonment , printed london anno 1641. 23. a pleasant purge for a roman catholick to evacuate his evil humors , london , 1642. [ books written since his enlargement and return from exile . ] 24. a new discovery of the prelates tyranny , in their late prosecutions and censures , lond. 1641. 25. a soveraign antidote to prevent and appease our unnatural destructive civil wars and dissentions , london 1642. twice printed . 26. a vindication of psalm 105.15 . ( touch not mine anointed , and do my prophets no harm ) from some false glosses lately obtruded on it by priests , and royalists , an. 1642. twice printed . 27. a re-vindication of the anointing , and privileges of faithfull subjects , anno 1643. 28. the treachery and disloyalty of papists to their soveraigns , with the soveraign power of parliaments and kingdoms , divided into four parts , and an appendix in pursuance of it , london 1643. twice printed . 29. rooms master-piece , london 1643. thrice printed . 30. the opening of the great-seal of england , london 1643. 31. the doom of cowardize and treachery , london 1643. 32. a moderate apology , against a pretended calumny , printed for michael sparke , london 1644. 33. a check to britannicus for his palpable flattery , &c. london 1644. 34. the falsities and forgeries of the anonymous author of the pamphl●t intituled , the fallacies of mr. william prynne discovered , london 1644. 35. four serious questions touching excommunication and suspention from the sacrament , london 1644. 36. twelve considerable serious questions touching church-government , london 1644. 37. independency examined , vnmasked , refuted , london 1644. 38. a full reply to certain brief observations and anti-quaeres , to mr. prynnes 12. questions touching church-government , london 1644. 39. brief animadversions on mr. iohn goodwins theomachia , london 1644. 40. a true and full relation of the prosecution , arraignment , tryal and condemnation of nathaniel fiennes , late colonel and governour of the city of bristol , london 1644. 41. the lyer confounded , or a brief refutation of iohn lilburn , &c. london 1645. 42. truth triumphing over falshood , antiquity over novelty ; or , a seasonable vindication of the vndoubted ecclesiastical iurisdiction , right , legislative and coercive power of christian emperors , kings , magistrates , parliaments , in matter of religion , church government , discipline , ceremonies , manners : in summoning of , and presiding in councils , &c. london 1645. 43. suspention ( from the lords supper ) suspended , london 1646. 44. a fresh discovery of some prodigious new wandring blazing stars and firebrands , stiling themselves new-lights , london 1646. 45. diotrephes catechised , or 16. important questions touching ecclesiastical juri●●iction and censures , london 1646. 46. twelve questions of publick concernment , touching the regulation of some abuses in the law and legal proceedings , 1646. 47. scotlands antient obligation to england , and publick acknowledgement ther●of , for their brotherly assistance and deliverance of them , london 1646. 48. scotlands publick acknowledgment of gods just judgment upon their nation , for their frequent breach of faiths , leagues , oaths , london 1646. 49. a breviate of the archbishop of canterburies life , london 1646. in folio . 50. hidden works of darknesse brought to publick light , london 1646. in folio . 51. canterburies doom , or , the first part of a compleat history of the commitm●nt , charge , tryal , condemnation , execution of william laud , archbishop of canterbury , london 1646. in folio . 52. minors no senators , london 1646. 53. a gag for longhaired rattle heads , london 1646. 54. a plain and short expedient to settle the distractions of the kingdom , london 1647. 55. a counter-plea to the cowards apologie , london 1647. 56. an account of the kings majesties revenues and debts , london 1647. 57. a declaration of the officers and armies illegal injurious proceedings and practises against the x● . impeached members , london 1647. 58. eight quaeres upon the declarations and late letter of the army , london 1647. 59. nine quaeres upon the printed charge of the army against the xi . members , london 1647. 60. the hypocrites unmasked , london 1647. 61. new presbyterian light , springing out of independent darknesse , london 1647. 62. the total and final demands of the army , london 1647. 63. a brief justification of the xi . accused members from a scandalous libel , london 1647. 64. a plea for the lords , london 1647. 65. the levellers levelled , london 1647. 66. the sword of christian magistracy supported . or , a full vindication of christian kings and magistrates authority under the gospel , to punish idolatry , apostacy , heresie , blasphemie , and obstinate schism , with pecuniary , corporal , and in some cases with capital punishments , london 1647. translated into latin by wolfgangus meyerus and printed in germany anno 1650. 67. a vindication of sir william lewes from his charge , london 1647 68. a full vindication and answer of the xi . accused members , london 1647. 69. the lords and commons first love to , zeal for , and earnest vindication of their injuriously accused and impeached members , and violated privileges , london 1647. 70. the university of oxfords plea refuted , london 1647. 71. nine proposals by way of interrogation , to the general , officers , and souldiers of the army , concerning the justice of their proceedings in law or conscience against the parliament , london 1647. 72. twelve quaeres of publick concernment , london 1647. 73. a publick declaration and solemn protestation of the freemen of england , against the illegal . intollerable undoing grievance of free quarter , london 1648. 74. the matchivilian cromwellist . london 1648. 75. irenarches redivivus ; or a brief collection of sundry usefull statutes and petitions in parliament ( not hitherto printed ) concerning the necessity , institution , office , oathes , &c. of justices of pe●ce , london 1648. 76. a●dua regni ; or 12. arduous doubts of great concernment to the kingdom , london 1648. 77. the case of the impeached lords , commons and citi●●s truly stated , london 1648. 78. practical law controuling , countermanding the common law , and the sword of war , the sword of justice , exe●er 1648. 79. the petition of right of the freeholders and freemen of the kingdom of england , london 1648. 80. a new magna charta , london 1648. 81. the county of somerset divided into several classes , london 1648. 82. mercurius rusticus , conteining news from several counties of england , and their joynt addresses to the parliament , london 1648. 83. a just and solemn protestation and remonstrance of the lord major , aldermen , common-council men● and freemen of london , 1648. 84. the substance of a speech made in the house of commo●s by william prynne of lincolns inne esq on monday the 4. of decemb. 1648. touching the satisfactorinesse of the kings answer to the propositions of both houses for settlement of a firm lasting peace , london 1648. 3 editions . 85. a true and perfect narrative of the officers and armies forcible seizing divers members of the commons house decemb. 6 , and 7. london 1648. 86. the 2d . part of the narrative concerning the armies force upon the commons house and members , london 1648. 87. a protestation of the secured and secluded member● , decemb. 7. 1648. 88. mr. prynnes demand of his liberty to the general , 26. decemb. 1648. with his answer thereto , and his answer and declaration thereupon . 89. a remonstrance and declaration of several counties , cities and boroughs , against the unfaithfulnesse of some of their knights , citizens and burgesse● , london 1648. 90. the vindication of william prynne esq from some scandalous papers and imputations , ian. 10. 1648. 91. a brief memento to the present un-parliamentary juncto , touching their proceedings against the king , ian. 1. 1648. reprinted 1660. 92. an impeachment of high treason against lieutenan● general cromwell , and other army-officers ian. 1648. 93. four considerable positions for the sitting members , judges and others to ruminate upon , anno 1648. 94. six propositions of undoubted verity , fit to be considered of in our present exigency , by all loyal subjects , and conscientious christians . 95. six serious quaeres concerning the kings tryal by the new high court of justice , london 1648. 96. a proclamation proclaiming charles prince of wales , king of great britain , france and ireland , the first day of februa●y , in the first year of his reign , anno 1648. 97. a declaration and protestation of the peers , lords and barons , against the usurpations of some members of the commons house , febr. 8. 1648. 98. a publick declaration and protestation of the secured and secluded members of the house of commons , against the treasonable and illegal late acts and proceedings of some few confederate members of that house , since their forcible exclusion , 13 febr. 1648. 99. new bables confusion , for michael spark london 1649. 100. prynne the member reconciled to prynne the barrester , in answer to a scandalous pamphlet , intituled , prynne against prynne , london 1649. 101. the first part of an historical collection of the antient councils and parliaments of england , from the year 673. till anno 1216. london 1649. 102. a legal vindication of the liberties of england against illegal taxes , and pretended acts of parliament , london 1649. a editions , reprinted with some additions 1660. 103. the arraignment , conviction and condemnation of the westmonisterian iunctoes engagement , london 1650. 104. a brief apology for all non-subscribers , and looking-glasse for all apostate prescribers and subscribers of the new engagement , london 1650. 105. the time-serving proteus and ambidexter divine , un●ased to the world , london 1650. 106 sad and serious considerations touching the invasive war against our presbyterian brethren of scotland ; written in dunster castle , during mr. prynnes close imprisonment therin , sept. 1650. 107. a gospel plea ( interwoven with a rational and legal ) for the antient setled maintenance and tenths of the minis●ers of the gospel , london for michael sparke 165● . reprinted with the second part thereof for edward thomas 1659. 108. ius patronatus ; or a brief legal and rational plea for advocations , and patrons antient , legal , just right , to present incumbents to parish churches , and vicariges upon vacancies , london for edward thomas , 1654. 109. a declaration and protestation against the illegal , detestable oft condemned tax and extortion of excise in general , and for hope in particular , london for edward thomas , 1654. 110. the first part of a seasonable , legal and historical vindicatio n , and chronological collection , of the good old fundamental liberties , rights , laws , government of all english freemen , london 1654. reprinted 1655. 111. the second part of a seasonable , legal and historical vindication and collection of the good old fundamental liberties , rights , laws , government of all english freemen , london 1655. 112. a new discovery of freestate tyranny , london 1655. 113. a brief polemical dissertation , concerning the true time of the inchoaaion and determination of the lords-day sabbath , from evening to evening , london 1655. 114. the quakers unmasked , and clearly detected to be but the spawn of romish iesuits , and franciscan freers , london 1655. 2 ●ditions , the 2d . enlarged . 115. an old parliamentary prognostication made at westminster for the present new year , and puny members there assembled , london 1655. 116. a seasonable vindication of free admission to , and frequent administration of the holy communion , to all visible church-members , regenerate or un-regenerate , &c. london 16●6 . 117. a new discovery of some romish emissaries , quakers , and popish errors , unadvisedly embraced , pursued by anti-communion ministers , london 1656. 118. a legal vindication of two important quaeres of present general concernment , clearly discovering from our statute , common and canon laws , the bounden duty of ministers and vicars of parish churches , to administer the sacraments as well as preach to their parishioners , and the legal remedies against them , in case of obstinate refusal , london 1656. 2 editions . 119. the first part of a short demurrer to the jews long discontinued remitter into england , london 1656. 120. the second part of a demurrer to the jews long discontinued remitter into england , collecting all the principle records relating to them , from anno 1. of king iohn , till after their exile out of england , london 1656. 121. a summary collection of the principal fundamental rights , liberties , properties of all english freemen , london 1656. 2 editions , the 2d . much enlarged . 122. the lords-supper briefly vindicated , and clearly demonstrated to be a grace begetting , soul-converting ( not a meer confirming ) ordinance , london 1657. 123. an appendix to a seasonable vindication of free-admission to , and frequent administration of the holy communion to all visible church-members , london 1657. 124. a preface notes , and 4. tables to an exact abridgment of the records in the tower of london , from edward 2. to richard 3. london 1657. in folio , for william leake . 125. richard the 3d. revived , london 1657. 126. a plea for the lords and house of peers , the 2d . edition , much enlarged , london 1658. 127. the subjection of all traytors , rebels , as well peers as commons in ireland to the laws , statutes and tryals by juries in england ; or argument of the lord magvires case●london 1658. 128. a probable expedient for future peace and settlement , london 1658. 129. twelve serious quaeres proposed to all conscientious electors of knights , citizens and burgesses , for the assembly , london 1658. 130. twelve general heads of publick grievances , and 〈…〉 efu●l necessary proposals of the western counties , cities and boroughs , to their knights , citizens and burgesses , anno 1658. 131. eight military aphorisms . demonstrating the vselessenesse , vnprofitablenesse , hurtfullnesse , and prodigal expensivenesse of all standing english forts and garrisons , london 1658. 132. the first part of a brief register , kalender and survey of the several kinds , forms , of all parliamentary writs , london 1659. 133. beheaded dr. iohn hewyts ghost , pleading , yea crying for ex●mplary justice , against the misnamed high court of justice , london 1659. 134. the good old cause rightly stated , and the false uncased , london 1659. 2 editions . 135. the republicans and others spurious good old cause briefly and truly anatomized , london 1659. 3 editions . 136. the new cheaters forgeries detected , disclaimed , london 1659. 137. a true and perfect narrative of what was spoken , acted by mr prynne and other secluded members , and intended to be propounded by him , m●y 7. & 9. 1659. london for edward thomas 1659. 138. ten considerable quaeres concerning tithes , london 1659. 139. an answer to a proposition in order to the proposing of a commonwealth or d●mocracy , london 1659. 140. concordia discors , or the dissonant harmony of sacred publick oaths , protestations , l●●●ues , covenants and ingagements lately taken by many time-serving saints , &c. london 1659. 141. the remainder of a gospel plea for the tithes and setled maintenance of the mini●te●s of the gospel , london for edward thomas 16●9 . 142. a brief necessary vindication of the old and new secluded members , against the calumnies , and of the fundamental rights , liberties , privileges , interest , government of the freemen , parliament● , and r●alm of england , against the subversions of iohn rogers , and m. nedham , london 1659. 143. a short , l●gal , medicinal prescription , to recover our church and kingdom from confusion , and worse then bedlam madnesse , london 1659. 144. conscientious , serious , theological and legal quaeres , propounded to the twice dissipated , self created , anti-parliamentary iuncto , and its members , london 1659. 145. seven additional quaeres in behalf of the secluded members , proposed to the twice-broken rump now sitting , and all counties , cities , boroughs , in england and wales , and to scotland and ireland , 1660. 146. the case of the old secured , secluded , and twice excluded members , briefly and truly stated , london for edward thomas 1660. 147. a full declaration of the true state , of the secluded members case , in vindication of themselves and their privileges , printed for edward thomas , london 1660. 148. the remonst rance of the noblemen , knights , gentlemen , clergymen , freeholders , citizens , burgesses and commons , of the late eastern , southern , western associations , who desire to shew themselves faithfull and constant to the good old cause , &c. london 1659. 149. ten quaeres upon the ten new commandements of the general council , of the officers of the army , decemb 22. 1659. 150. a brief narrative how divers members of the house of commons , comming december 29. last , to discharge their trust , were again shut out by the pretended order of the members sitting , &c. london 1659. 151. six important quaeres proposed to the re-fitting rump of the long-parliament , &c. 1659. 152. the privileges of parliament , which the members , army , and this kingdom , have t●ken the protestation and covenant to maintain , 5 ianuary 1●59 . 153. a copy of the presentment and indictment found and exhibited by the grand iury of middlesex , on the last day of ●ilary te●m , 1659. against col. matthew alured , col. iohn okey and others , for assaulting and keeping sir gilbert gerrard ( and other members ) by force of arms ●ut of the commons house of parliament , on the 27. day of december 1659. printed for edward thomas , 1660. 154. three seasonable quaeres proposed to all those cities , counties and boroughs , whose respective citizens , knights and burgesses have been forcibly excluded , unjustly ejected , and disabled to sit in the commons house by those now acting at westminster , printed for edward thomas , 1660. 155. the humble petition and addresse of the sea-men , and water-men in and about the city of london , to the lord mayor , aldermen , and commons of the city of london , in common-council assembled , for a free and legal parliament , &c. 1660. 156. seasonable and healing instructions , humbly tendered to the freeholders , citiz●ns and burgesses of england and wales , to be seriously reco●mended by them to their respective knights , citizens and burgesses , elected and to be el●cted for the next parliament , april 25. 1660. 157. the second part of a bri●f register , kalendar and survey , of the several kinds of parliamentary writ● , ( relating to the house of commons ) london 1660. 158. bathonia rediviva , the humble addresse of t●e mayor , aldermen , and citizens of the city of bath to the kings most excellent majestie , presented by mr. prynne 16 iune 1660. printed for edward thomas . 159. the first part of the signal loyalty of gods true saints and pious christians ( as likewise of pagans ) towards their kings , both before and under the law and gospel , expressed in and by their constant publick prayers , supplications , intercessions , thanksgivings for them , london 1660. 160. the second part thereof , together with the various forms of prayers , supplications , votes , acclamations , ceremonies and solemnities used at the coronations of emperors and kings , especially of the kings of england and scotland . dedicated to king charles the second , ( whom god long preserve in all felicity and glory , to be a tender nursing-father to our churches , nations , kingdoms , for their publick wellfare , safety , settlement , prosperity , and restitution , establishment of their just laws and liberties ) printed for edward thomas , london 1660. deo , ecclesiae , patriae , reipublicae , parliamentis , legibus , regibus , proceribus , omnibus vixit . finis . one sheet, or, if you will a winding sheet for the good old cause in order to a decent funerall, in case of a second death / by w.p., philopolites. w. p. this text is an enriched version of the tcp digital transcription a54194 of text r32207 in the english short title catalog (wing p134). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 14 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a54194 wing p134 estc r32207 12356547 ocm 12356547 60149 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a54194) transcribed from: (early english books online ; image set 60149) images scanned from microfilm: (early english books, 1641-1700 ; 1024:16) one sheet, or, if you will a winding sheet for the good old cause in order to a decent funerall, in case of a second death / by w.p., philopolites. w. p. prynne, william, 1600-1669. 8 p. [s.n.], london printed : 1659. wrongly attributed to william prynne--nuc pre-1956 imprints. reproduction of original in the huntington library. eng great britain -history -puritan revolution, 1642-1660. a54194 r32207 (wing p134). civilwar no one sheet, or, if you will a vvinding sheet for the good old cause, in order to a decent funerall, in case of a second death. by w.p. philop w. p 1659 2587 10 0 0 0 0 0 39 d the rate of 39 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2002-04 tcp assigned for keying and markup 2002-06 aptara keyed and coded from proquest page images 2002-10 paul schaffner sampled and proofread 2002-10 paul schaffner text and markup reviewed and edited 2002-12 pfs batch review (qc) and xml conversion one sheet , or , if you will a winding sheet for the good old cause , in order to a decent funerall , in case of a second death . by w. p. philopolites . london , printed in the year , 1659. a winding sheet , &c. i would not have any to imagine that my design is to expose this sheet to publique view , as a trophy of the pretended good old cause its resurrection ; neither would i have it do pennance therein , lest the products of its sanguine complection , should prove worse then menses profluvium , and consequently leave such an illutable stain , that instead of a sheet , it should deservedly be called pannum menstrualem ; but my intention , rather is to have it in a readiness at the time of its funerall solemnities ; for it is much suspected , that though our new imagined common-wealth may have twins struggle in its womb , yet that it will at last only bring forth a single person ( which single product , ( the reliques being more dangerous then mola in utero ) may well cause the death of the mother ) for the ●ffecting of which there will not be wanting such mercenary midwives , as will put to their helping hands , for the production of any thing though never so monstrous . now what greater monster can be produced , then a new protector of another family and interest then what we have already ? but when this tympanie of pride and ambition is swelled to the height , we shall have the bowels of our good old cause break into a protectorship , or some other title equivalent , and more tyrannical . o' p. was as much for this good old cause as our new pretenders , till he saw an opportunity of setling himself in the saddle , and then the keepers of the liberty of e●gland might lead his horse , but death dismounting this champion , his son according to the humble petition and advice assumed his fathers room , to whom ( as is obvious enough ) addresses were made from most counties and corporations in england ; looking upon him as their lawfull and supreame govenour ( the family of the stewarts being extirpated by these continuall new modellers , ) but astra regunt homines , and m●● being most predominant , at that very time when the signe was in the stomack , down goes richard without an aspect of opposition . it is very probable , that had his little finger been heavier then his fathers loines , he had not so easily been heav'd out ; for similis simili gaudet , and one oppressor would help to maintaine another , especially whilst their interrest run parallel ; but he seeming , to decline oppression , oppressors decline him , and make bold to practice that in their own names , which they cannot have licence to act under the protection of another , so that now every private souldier aspires to the dignity of dux omnium malorum , and blushes not to affront such , as maintaine them and their blush coloured coates . but it seemes the days of mourning are over , and their black buttons , will no longer put them in mind of their old benefactor ; the old king-killing cause standing in competition with his posterity , so that now t is as bad to be a protectorian , as t was in the days of yore to be a cavalier . and thus are we emptied from vessell to vessell , and every day more and more slaves to our own countrymen , which is as base in us to suffer , as t is in them to impose : and yet all must be done machivilian like under a pretence of religion , and the liberties and priviledges of the people , when as dalie experience teacheth us , that nothing less is intended , every plaine countryman , being so far become a politition , as that he can easily discerne the face of these fallacies in the glass of his own woes , and geographer like will give you a shrewd description of most of the high-wayes , at westmister , in which though he never wrought or traveld , yet he hath faith enough to beleeve , that they are well mended in time of year of a long parliment where there hath not heretofore wanted workmen , that would take more then ordinary paines in the pit● of other mens p●cke●s , so that they might save their own soyle . and seeing they have an opportunity offered of making hay whilst the sun shines , let us go into the shade that have nothing else to do , but to sing solamen miseris &c. which dolefull ditty is the onely solace as i know now extant , and is like to continue till we turne our swords into plough-shares , and our speares into pruneing hooks ; which is not like to come to pass , whilst some of us are so prone to dissentions , that we must needs create disturbances in the nation , on purpose to render the sword usefull and necessary : whereas we were in a faire way of safety , and might very well have put our selves into a posture of defence according to our old method , without that intollerable and needless burthen of a constant army , which would be insupportable to any but asses backs . but we see customes in martiall affaires , as well as law , are not so easily broken , where uses are transferred ipso facto into poss●ssion , without help of the statute of 27. h 8 , and a peice of a long parliament feoff●s in trust , which are as conduit pipes ; i cannot say to lead the uses , because the uses lead them ; but however they serve to convey the sweet hony from the laborious bee to the idle drones , and if themselves get a taste by the way , t is onely in correspondence to the proverbe , that t is an ill cook that will not lick his own fingers . but no more of that least i should set them on a stomack , that never had an appetite , for we have task-masters enough who will expect their tale of bricks , though they allow no straw , and will exact taxes , though they distract trading ; who , so that they may make themselves great , care not how despicable , or to what extremities they expose others : but sure such have little reason to promise themselves safety , in their private cabbins , when the ship is in danger of sinking , or to dream of a perpetuity in that , wherein others have had so small a continuance , the wheele of fortune being apt to turne , when it stands most steady : our late trans●ctions testifie as much , and may tend to the setting the right spoke uppermost . t is an undeniable maxime in divinity ; that whatsoever is of god shall stand : and most true it is , si deus nobiscum quis contra nos ! but yet he may suffer many things which he doth not allow , and then they must needs fall ; the pleasant success not deciphering the goodness of a cause , though it be never so old : for i never thought good and old correlatives , because i have often observed that the older the worse , and we all know that a thing relinquished and forsaken , being new swept and garnished , is fitter for the reception of more devils then ever . i must really confess that i am so much , what i profess my self in the front of this sheet ( and i wish for quietness sake we were all of the same mind ) that for the welfare of my native country , i could think a republique good , so that it did not degenerate from a commonwealth , and a protector better , so he parted not with that like a fool , which some say ( his father got like a knave , & a king best of all , that title being most agreeable to our laws & nation ) so he were not a tyrant & nullified all good votes , with his negative voice , or stand so much upon his prerogative till he loses his place : but from a democracy libera nos domine , that our parliaments may be no longer over aw'd with swords , like a dog with a cudgell , nor take any more such strong potions , as so purge out the members instead of the humors , which must needs render them an imperfect body , not worthy the name of the peoples representatives , but rather the stawking horses of some preticular persons , to catch their prey the more easily . we use to say of two evils the least is to be chosen : i wish our new created parliament may observe the same method , and seeing in this juncture of aff●ires , they could do no less then what they have done : i hope that in their progress they will make choice of aristocracy , rather then an oligarchy , that an executive power ( seeing it may not be in one ) may be committed to a few of the best , though not for the present of the strongest , and that such whose breeding and parts makes them onely guilty of multilequence , may not be impeached by bones only ratling with magnanimity , which have nothing in them but the downright language of the sword , whose ignorance makes them despise that which they understand not , and whose covetousness makes them desire that which others possess , who delight in nothing less than peace , because it is no time for plunder , and care not what confusions they introduce , so they produce their profit and keep the nation still ( monster like ) with the tail where the head should stand , which sight hath cost every english man a vast deal more , then many a show that is not worth two pence : i speak not this to extenuate the honour due to martial discipline , which may tend much to the glory of a nation , nor to derogate from the worthiness of such martigons whose merits may sufficiently manifest that my speech is not intended of them , though it be in some sort directed to them , only to this end that it may the more conspicuously appear that they have drawn the sword for their countries good , by being willing to lay it down for their advantage ; and as opportunity shall offer it self , to send those mercinaries under their command ( that will fight on any side for 6. d. odds ) to their quondam imployments , whose desire is only to make a trade of war , and to live upon the ruins of others , being not willing to be accounted non-proficients under their late grand tutor , who was so well experienced in the game at put ; that by the advantage of a few spots , cunningly rendred the king an inconsiderable card ; and these illegitimate births of that corrupted parent are grown to that maturity that they are ever ready to run the hazard of a forcible entry , and in imitation of their old gamester put honest men out of doors , though they have nothing but a knave to shew for t . but we are now at one and thirty , a game that ( without disparagement ) may be plaid at a council table , where if the gamesters be not self-seekers , this miserable cheated nation may be the greater winners . but now to turn to our good old cause , which being new come to town , may justly take exceptions , that i have been so long averse , & not exercised towards her ladiships those common civilities , that are usual to all strangers , as to solicite their stay , though they never desire it , &c. but i must beg an excuse , not being bred up in the academy of complements ; therefore not apt to flatter , neither can i speak ironically , though i have learned the figure , being more apt to tom tell-troths dialect , and to speak what i think . but to tell you true , and which is a bad omen , there are so many anabaptists , familists , s●●kers , quakers , cum multis aliis , that rejoyce at this new ghuest , that i thought my entertainment would not be acceptable ; and another notorious company of gotamites , which notwithstanding i had almost forgot , viz. our church antagonists , that cannot endure the sight of a holy sister in a steeple-house , but forsooth they must have a convenient meeting place , where they may mingle together in friendship to beget reformations . these sensless brood of hypocrites , or ( at best ) blind zealots , together withal the spurious issue of jesuitical impostors ; bearing , as one saith in another case ) a sacred hatred to whatever is comely and decorous , do in a perpetual scorn to it distort all their actions to the contrary mode , applauding themselves only in an unlimited liberty , and of doing whatever either their fond or foul imaginations suggest to them . as for their outward garb , t is a cloak of religion , lin'd thorow with fair hypocrisie which irish-man like , is never off in the basest imployments ; their conscience they carry in their pockets loco crumenae , which they can stretch upon all covetous occasions , even to the reception of all revenues , that tend to the incouragement , either of learning or religion . but to hang by these ideots , let us wish this good old cause better favorites , that seeing there is such fair pretences we may see some performances equivalent , and that those in authority may more regard the publique than their private commodity : that so the good people of this nation may be as much satisfied with the effects of this change , as they are for the present discontented . that a learned and godly ministry may be countenanced : so that court and church be not at once destroyed , nor the universities be forced to follow whitehall , which ( they say ) is to be purchased by iews , and i hope no true christians will meddle with the other . to conclude , if this good old cause puts us not into a bad new case and condition worse then ever , we might well forget the fifth of november , if the greater deliverance , might justly obliterate the less . finis . lord bishops, none of the lords bishops. or a short discourse, wherin is proved that prelaticall jurisdiction, is not of divine institution, but forbidden by christ himselfe, as heathenish, and branded by his apostles for antichristian wherin also sundry notable passages of the arch-prelate of canterbury in his late booke, intituled, a relation of a conference, &c. are by the way met withall. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a10190 of text s115311 in the english short title catalog (stc 20467). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 261 kb of xml-encoded text transcribed from 45 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a10190 stc 20467 estc s115311 99850530 99850530 15739 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a10190) transcribed from: (early english books online ; image set 15739) images scanned from microfilm: (early english books, 1475-1640 ; 1286:01) lord bishops, none of the lords bishops. or a short discourse, wherin is proved that prelaticall jurisdiction, is not of divine institution, but forbidden by christ himselfe, as heathenish, and branded by his apostles for antichristian wherin also sundry notable passages of the arch-prelate of canterbury in his late booke, intituled, a relation of a conference, &c. are by the way met withall. prynne, william, 1600-1669. [88] p. printed [at the cloppenburg press], [amsterdam] : in the moneth of november 1640. by william prynne. a reply to: laud, william. a relation of the conference betweene william lawd, then, lrd. bishop of st. davids; now, lord arch-bishop of canterbury: and mr. fisher the jesuite. identification of printer from stc. cf. folger catalogue, which gives signatures: a-l⁴. "good councel for the present state of england", k2r-end. reproduction of the original in the union theological seminary (new york, n.y.). library. eng laud, william, 1573-1645. -relation of the conference betweene william lawd, then, lrd. bishop of st. davids; now, lord arch-bishop of canterbury: and mr. fisher the jesuite -controversial literature -early works to 1800. church of england -controversial literature -early works to 1800. episcopacy -early works to 1800. a10190 s115311 (stc 20467). civilwar no lord bishops, none of the lords bishops. or a short discourse, wherin is proved that prelaticall jurisdiction, is not of divine institution, prynne, william 1640 44023 222 0 0 0 0 0 50 d the rate of 50 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2002-03 tcp assigned for keying and markup 2002-04 aptara keyed and coded from proquest page images 2002-05 tcp staff (oxford) sampled and proofread 2002-05 judith siefring text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion lord bishops , none of the lords bishops . or a short discovrse , wherin is proved that prelaticall jurisdiction , is not of divine institution , but forbidden by christ himselfe , as heathenish , and branded by his apostles for antichristian ; wherin also sundry notable passages of the arch-prelate of canterbury in his late booke , intituled , a relation of a conference , &c. are by the way met withall . math . 20. 25 , 26. iesus said to his disciples , ye know that the princes of the gentiles exercise dominion over them , and they that are great exercise authority upon them : but it shall not be so among you : but whosoever wil be great among you , let him be your servant . 1 joh. 2. 18 , 19. even as there are many antichrists : they went out from us , but they were not of us . bern. praelati pilati : non pastores , sed impostores . printed in the moneth of november , 1640. to the high and honovrable court of parliament , the nobilitie and gentrie novv assembled in both the houses , grace , mercy and peace be multiplyed . most noble senare , and right worthy pattiots , who both feare your god , and honour your king ; he who truly honours you , and dayly prayes for a blessed successe of this your meeting , humbly presents you here with a cause , which well weighed in your maturest judgements , may prove one of those greatest parliament businesses , which your most pious and prudent thoughts and consultations are taken up withall . when you have perused this short discourse concerning prelaticall authority , whence it is , and if it shall appeare by cleare evidence of scripture , justly compared with their prelaticall properties , and practises , that they are the seed of antichrist , the mystery of iniquity ; a more then heathenish tyranny over soules , bodies , and estates ; a meere enmity ( but under the veile of hypoerisie ) against christ , against his word , against his ministers , against his people , and the salvation of their soulee ; yea against the peace and prosperity of civil states , by their factious and seditious practises , and the like : your wisdome , your piety , your zeale for god , your love to christ , your loyalty to your king , your tender compassion towards your poore country , your christian care of your own soules , and of your posterities , will all of them call and cry for a serious consultation , and a speedy resolution what is to be done herein , as you shall apprehend the prosperity , or calamity of this whole church and state , and the happy or miserable issues of parlliaments to depend upon it . a word to the wise . what i would further say , i will turne into continuall supplication to the great president of councels jesus christ , that he will send his spirit of wisdome and vnderstanding , the spirit of councel and might , the spirit of knowledge , and the feare of the lord : that antichrists throne being quite cast out , and christs alone set up , the king may be established in perpetuall peace and prosperity to himselfe and royall posterity , 'till the coming of him , who shall put an end to times and kingdomes ; and with whom all that truly serve him here , shall raigne for evermore . your honours and worships faithfull orator till death . lord bishops , none of the lords bishops . chapter 1. of the state of the question : whether bishops be de jure divino , of divine authority ? of bishops , or episkopoi , episcopi , so called , so commended in scripture , we doubt not , but they are de jure divino . but what are those bishops ? not diocesan lord bishops , so commonly called . for of such we no where read of in scripture ; as we shall fully prove anon . but those , whom the scripture calleth episcopos , are presbyters , or ministers of the word , lawfully called , and set over their severall congregations respectively . such onely are bishops jure divino . but as for such , as are katagrestikoes , abusively styled bishops , to wit , diocesan or lord bishops , there is not so much as any one footstep of them in the scripture . and therfore as these have not the true nature and calling of a scripture-bishop : so neither ought they to usurpe the name and title of bishop . but as they are of humane invention and institution onely , yea of humane presumption ( as old father hierome saith ) and not of divine institution : so let them be known by such titles onely , as man hath given them , as namely prelates &c. prelati , or prelates are so called , because they are preferred , or rather preferre them selves before and above others , that are gods ministers . and thus they participate of the prelacie of the great antichrist , who is that * supereiromenos ( as the apostle styles him ) he that exalts himselfe , above all that is called god . he is also called in the same place ' o a'ntikeímenos , that adversary , called by iohn , ' o antíkristos , that antichrist , to wit , that adversary against christ . and agreeable hereunto is that other title of prelates , namely antistes in the latine , which they interpret a witnesse : but it may rather be derived from the greek ; anti is not a latine preposition , but greeke , and signifies against . so as antistes , is one that stands against ; and it may answere to antistasiastès , one of the adverse faction , or on the contrary side , as all prelates are antistasiastai , adversaries against christ , or antichrists , which you will ; as will further appeare . but we will content our selves with the title of prelate in this our whole insuing discourse , as being none of the scripture-bishops . now concerning prelates , the learned papists themselves are not , cannot be resolved , that they are jure divino , of divine institution immediately , but onely at the most mediately , deriving their prelacie from the pope , as all his canonized saints doe their saint-ship ; saying , that the pope hath his supremacie jure divino , both as christs vicar , and peters successor : but all prelates derive their prelacie from no further a fountaine , then the pope , as from the well-head , or the head of the hierarchicall body , which gives them their lively motion , as the head to the naturall members . this very point of prelaticall jurisdiction was canvased and controverted in the councel of trent , and held by some learned there , to be but jure pontificio , by pontifician authority resident in the pope : whom therefore they call patrem patrum , the father of fathers , as being the father of the whole paternity of prelates . and our prelates of england may remember , that till hen. 8. cast the pope out of england , the prelates held all their jurisdiction from the pope , and their authority was but translated from the pope , to the king , so as passing from one man to another , it was meerly humane still . and the great primate , the now champion of the church of england as he beares himselfe in his ●a●e book ( his relation of the conference ) confesseth thus much , that among these ( to wit , ‡ bishops in their severall dioces , as there he names them ) there was effectuall subjection respectively grounded upon canon and positive law in their severall quarters . where by effectuall subjection he meanes subjection of the prelates in every province to the arch-prelate , or primate : then he confesseth , that archiprelaticall iurisdiction is grounded upon canon and positive law , and so consequently not upon the holy scriptures , as being jure divino . and thus much he confessed in open court at the high commission at doctor bastvvicks censure , that no one of the apostles had iurisdiction one over another ; and so consequently not an arch-prelate over other prelates , jure divino , but onely jure canonico , & positivo , by canon and positive law . arch-prelates therfore have no iurisdiction by divine institution . or if he meane it of subjection of ministers in every diocese to their prelates respectively , that this also is grounded upon canon and positive law : though so he should say truly , yet in so saying , he should contradict himselfe , as where he saith elsewhere , that christ thought it fitter to governe the church ( universall ) aristocratically by diverse , rather then by one vice-roy . as much to say , rather by many popes , then by one . and this ( saith he i beleeve to be true . so as he makes it an article of his faith , that prelates are jure divino . yet but a little before in the same page , it is not certaine that the whole militant church is a kingdome : for there are no meane ones ( saith he ) which thinke our saviour christ left the church militant in the hands of the apostles , and their successors , in an aristocraticall , or rather mixt government , &c. so as what others , and those no meane ones thinke , the prelate beleeves . and the government , which some thinke , and he beleeves to be aristocraticall , he understands to be prelaticall , which ( saith he ) is aristocraticall , or rather a mixt government . what meanes he by a mixt government ? namely , partly aristocraticall and partly monarchicall , for of those two he there speaketh . his meaning then is , that a prelate is in part in monarch . but where doe we find that christ thought it fittest to governe his church by prelats , that the prelate is so confident to beleeve it ? it seems he is one of christs cabinet counsellors , that he is so intimately privie to his thoughts . for surely christ hath no where left the impression of any such thought of his in his written word . but i suppose the prelate doth but presume so , or charitably beleeve christ thought so . me thinks he should not so beleeve it , as to write upon it , i beleeve this is true . but thus ( i say ) this faith of his overthrows the credit of his former saying , that prelates with their effectuall subjection , are grounded upon canon , or positive law , and so have no authority from christ ( as the prelate a little before affirmeth ) of what force is his canon ? for there speaking of the pope he saith , nay out of all doubt , 't is not the least reason , why de facto , he hath so little successe , because de jure he hath no power given . but how then is it , that some few * pages before he saith , that some one must be ordine primus , to avoyd confusion● and he speakes there of the rom●e prelate . it is then of necessity , that there must be one ordine primus to avoyd confusion in the catholick church militant ( which elswhere he makes to be visible , and hierarchicall , or prelaticall ) then did not christ leave so much exprest in writing , but to canon and positive law ? but perhaps christ thought it best : and the prelate so beleeves . thus we see here is nothing , but ridd●es , ambiguities , and contradictions , or enterfeerings with our prelate . what course then shall we take for a cleare resolution of the question , that prelates ( as themselves affirme ) are jure divino ? certainly , if they be jure divino , they must shew good proofe for it in the written word of god . and to this rule we must hold them , and to this onely . for it were to tread an endlesse maze , to goe about to prove a divine title , or authority out of the volumes of humane writings , or ecclesias●icall histories . they can tell us de facto what hath been : but that prelates are de jure divine , that we must search for in the sacred records of divine writ . if there we find it , well and good : but if there it be not , but the contrary : then all humane writings are in this point to be rejected , as of no credit , or value . come we therfore to the scripture , which will clearely tell us what christ thought of this matter . chap. ii. wherein is proved , that christ expresly condemneth all prelacie , or hierarchie , as flatly forbidding it to his apostles and disciples . math . 20. 29 , &c. then came to him the mother of zebedees children , with her sons worshiping him , and desiring a certaine thing of him . and he said unto her , what wilt thou ? she saith unto him , g●ant that these my two sonnes may sit the one on thy right hand , and the other on thy lest in thy kingdome . but jesus answered and said . ye know not ●hat ye aske . are ye able to drinke of the cup , that i shall drinke of , and to be baptised with the baptisme , that i am baptised with ? they say unto him , we are able . and he saith unto them , ye shall drinke indeed of my cup , and be baptised with the baptisme , that i am baptised with : but to sit on my right hand , and on my left , is not mine to give , but it shal be given to them , for whom it is prepared of my father . and when the ten heard it , they were moved with indignation against the two brethren . but jesus called them unto him , and said , ye know , that the princes of the ●entiles exercise dominion over them , and they that are great exercise authority upon them . but it shall not be so among you : but whosoever wil be chiefe among you , let him be your servant . even as the son of man came not to be ministred unto , but to minister , and to give his life a ransome for many . in these words , as we see the mind of these , as yet carnall disciples : so on the other side we see the mind of christ , and what he thought of prelacy . for prelacy is that , which they make such a solemne suit for . they ambitiously affect cathedram , a prelates chaire , or throne : they make suit to sit , and that in the most prime seat , on the right , and left hand of christ . and these two suiters were christs kinsmen , iames and iohn . a faire motive for promotion to a prelacy . for as the saying is , dic●re vis , praest● ? de sanguine praesulis esto . wouldst thou have church dignitee ? the prelats kinsman thou must be . or according to those old verses : quatuor , ecclesias , his portis , itur ad omnes : sanguinis , & simonis , praesulis , atque dei . prima patet claris : nummatis altera : charis tertia , sed raris janua quarta patet . through these foure gates all churches wayes are trod of birth : of simon : prelate : and of god . the first for nobles : next for golden worth . for prelates kin , the third : for few the fourth . these two brethren would enter into the chiefe cathedralls by the gate of nobility , as they are christs neere kinsmen , and so descending of the blood royall . and in hope the better to speed , they get their mother to speake , who with christ was not a little gratious . but besides the absurdity of this their suit ( for christ told them , ye know not what ye aske ) they come in as unfit a season , and upon as unsutable an occasion for such a suit , as possibly could be . for in the very next words going before , christ had but newly told them of his death at ierusalem , saying , behold we goe up to ierusalem , and the son of man shal be betrayed unto the chiefe priests and scribes , and they shall condemn him to death : and shall deliver him to the gentiles to mocke , and to scourge , and to crucifie him , &c. and in the next words they come to make their suit . nor onely here , but in other places of the euangelists this is constantly noted of the disciples , that when christ was telling them of his suffering , and death , they were still harping upon this string , which of them should be the greatest . as we may read , mark 9. ver. 30. to 34. and luk. 9. ver. 43. to 46. yea ( luke 22. ) when they were at the last supper , and christ had newly told them , that one of them should betray him , they were instantly againe at their philoneikía , a hotly contending about prelacy : as ver. 21. to 24. as if they would contend , which of them should betray him . so as still they took as bad a season for their suit , as might be . but in mathew ( chap. 20. 19. ) christ told them also of his resurrection , which might give him a faire hint for their suit . but alas , poore soules ; they as yet * understood nothing at all , either of his crucif●ing , or of his rising againe . and againe it is to be noted , that after the lord was risen againe , and they had received the holy ghost , they never made any such suit , or had any such contention , or ambition among themselves . then they were become other men , never so much as thinking of any such vanity , as a prelacy ; they now saw , that christs kindome in its military condition admitted not of prelaticall chaires to sit at their ease , and to injoy their pomp , pleasure , and riches of the world . their contention was then , which should be the greatest in paines taking in his ministry , and in undergoing greatest afflictions for christ , and the gospell , and in winning most soules to christ , and the like . but ( i say ) before christ was risen againe , they were carnall , carnally minded , they dreamed of a temporall , and worldly kingdome , wherein they would be chiefe . and such a kingdome indeed is that , which hath chaires of prelacy , and preeminence , such as they blindly aymed at . and yet as blind as they were , their * conscience made them ashamed to confesse to christ what it was , that they reasoned of by the way ; for they had been at it , which of them should be the greatest . well , we have heard of their suit : now for christs answere ye know not ( saith he ) what ye aske . you know not the nature of that kingdome of mine , which in this world is not a kingdome of externall pompe , glory , and greatnesse , but a kingdome of grace , humility , patience , and wholly spirituall , a kingdome not of ease and pleasure , as to sit in chaires of state , but of paines-taking , of labour and travell in your ministry , of contempt of the world , and of suffering manifold afflictions , and even death it selfe , for my names sake . and therefore christ addeth here : are ye able to drinke of the cup , that i drinke of ? &c. and they answering : we are : he addes ; ye shall indeed drinke of the cup , and be baptised with the baptisme , that i am baptised with : that is , you must thinke of other matters , when you come into my kingdome , then of any such worldly greatnesse as you dreame of ; you must prepare your feet for the fetters , your backs for the whip , your bellies for hunger and thirst , your bodies for nakednesse , your stomacks to drinke and digest the bitter cup of death , and to be dipped over head and eares in floods and seas of afflictions . are ye able to doe this ? alas , poore soules , as yet they were novices in christs schoole , they would be of the highest forme , before they had learned the very first principles of the catechisme , or the a , b , c. of the crosse of christ . but , saith christ , ye shall drinke of my cup , &c. that is , after ye have fullfilled your ministeriall course , and suffered afflictions , and drunke deaths cup , and therewith have been baptised , then a place shal be proved for you in my kingdome of glory , such as my father hath appointed for you , and for all my disciples , so as in whom the greater improvement of the * talents of grace , committed to your trust , is found , the greater preferment in glory he shall have , each according to his proportion yet so , as every good and faithfull servant , shall enter into his masters joy , in ‡ whose presence is the fullnesse of joy , and at whose right hand there are pleasures for evermore . but for any such thing as you aske , it is not mine to give , i have no such commission from my father to bestow upon you any such thing , as worldly prelacy ; that 's no part of my kingdome , nor of the administration thereof . but all that are found faithfull in the kingdome of grace , shall in the kingdome of glory sit with me at my fathers right hand for evermore . whereas on the contrary , such as turne my kingdome of grace into a kingdome of pleasure , pride and ease , as they due which hunt after , and injoy the preferments of the world , to those i say , ‡ woe to you that are rich for you have received your consolation . woe to you that are full : for you shall hunger . woe to you that laugh now : for ye shall mourne , and weepe : woe unto you , when all men shall speake well of you : for so did their fathers to the false prophets . hence we may note by the way , that christ applyes this his whole speech to such especially as are false prophets ; that wallow in ease and pleasure , as we know all prelates doe ; who therfore shall be ranked among the voluptuous and salacious goates at christs left hand when he shall say unto them , goe ye cursed , &c. for as one said , qui praelatum quaerit in terris , inve●●t confusionem in coelis . he that seeks prelacy on earth , shall find confusion in heaven . and we see here , that christ hath no such prelacie to give ; he convinces his disciples of great blindnesse , in such their ambition . christ then to be the author and giver of any such prelacie . prelacie therfore is not jure divino , as from christs ordinance . for prelacie alwayes is attended with a long silken traine , goodly palaces , rich revenews , great grace in princes courts , and what not that the world can afford ? quo jure then ? from what title doe prelates hold ? namely , from him who said * all these things are mine , and to those that will fall downe and worship me , i give them : that is , all that will be prelates , and so will be my servants in oppressing gods word , in persecuting christs saints and ministers , in exercising their lordly iurisdiction over the consciences of gods people , captiving them with manyfold ceremonies of will-worship , to ●h● destruction of christs kingdome , of mans salvation , and of that liberty from all spirituall bondage , the redemption from which cost christ his best blood : to those i will give rich prelacies , goodly houses and palaces , a princely traine and retinue , a lordly revenew , and all the pleasures and contentments , which the world can afford . and thus we have found out the very source of this egyptian nilus , the prime author , and patron of all such prelacie , as falsely pretends its title to be de jure divino , yea even from christ himselfe . it followeth in the text ver. 24. and when the ten heard it , they were moved with indignation against the two brethren . observe here of these disciples , as yet carnall , some are ambitious , and the rest envious . for all of them before christs resurrection , were ambitious of prelacie ; as we read in the place forecited . so as hence we may note , that such as affect , and are ambitious of prelacie , they are carnall men , which savour the things of the flesh , worldly minded , such as the apostle speaks of , that § are enemies to the crosse of christ , whose end is destruction , whose god is their belly , whose glory is in their shame , who mind earthly things . they have a wisdome indeed , but † such as is not from above , but is earthly , sensuall , and develish , as iames speaketh . and whereupon speakes he it ? in the former verse he had sayd , if ye have bitter envying and strife in your hearts , glory not , and lye not against the truth . and this was the wisdome of these carnall disciples , they were ambitious , and envious one against another ; yea they did a'ganaktein , stomack and maligne one another in the point of prelacy . for ambition and envy are two inseperable twinnes , like those of hypocrates , they are borne together , live together , and dye together . and as iames in the former place addeth , for where envying and strife is , there is confusion , kai pan phaulon pragma , and every evill worke . now to apply this to our prelates : what men in the world more ambitious of prelacie , and more envious one against another ? in those primitive times , at the first councel of nice , what bundles and fardles of complaints did those prelates bring one against another ? and all this arose from their ambition and 〈◊〉 , each seeking precedency of his sea before another . and the fire was so kindled , that had not constantine the emperour caused all the bills of complaints to be cast into the fire together , it had been enough to have set all the world in a combustion . and the prelate of canterbury in his said book confesseth , * that the onely difficulty was to accommodate the places and precedencies of bishops among themselves . and afterwards , what a hot stirre was between iohn of constantinople , and gregory of rome , for the precedencie of their seas , and for the supreme headship it selfe ? and heretofore between the prelates of canterbury and yorke for the universall metropolitanship over all england ? but let us further hearken to what christ saith : but iesus called them unto him , and said , ye know that the princes of the gentiles exercise dominion over them , and they that are great exercise authority over them . but it shall not be so among you . and luke expresseth it thus : the kings of the gentiles exercise lordship over them , and they that exercise authoritie upon them , are called benefactors . but ye shall not be so . all is to one effect . which is , christ here forbids his disciples to exercise any such dominion , or auhortity , or lordship , either over one another , or upon his church , as heathen princes doe use over their people . and this he applies to their ambition of prelacie , which prelacie he samples and parallells with the dominion , authority , and lordship , which heathen princes exercise over their people . these words of christ are so expresse and full , that bellarmine hath no other shift to ward off the blow , but to say , that christ here forbids his disciples the exercise of all temporall authority and jurisdiction , such as heathen princes used , but not of spirituall dominion and lordship , authority , and jurisdiction over the church . but it is more cleare then the sun , that christ forbids here to his disciples all manner of dominion and lordship either over one another , or over the church of god , as over gods ministers and people . first , for lordship over one another , the said arch-prelate of canterbury confesseth christ gave them none . and secondly , for lordship over gods heritage , the apostles themselves afterwards both disclaimed in themselves , and condemned in others ; as we shall see hereafter . and by the way , by bellarmines own confession , all temporall lordship , or government is condemned in prelates . but now for our prelates : quo jure doe they de facto exercise such authority and dominion , such lordship and jurisdiction over gods ministers and people , as differeth nothing at all from the state of heathen princes ? this christ expresly forbids to his disciples : and therefore such as doe it , are none of his disciples , nor yet any of their successors . but they will say , they are spirituall lords , and exercise a spirituall lordship over the church . but this bare title of spirituall , is too short a cloake to cover the nakednesse of so poore a shift . they call themselves spirituall , when they are the most carnall men in the world . thus did those false * apostles , deceitfull workers , transforme themselves into the apostles of christ . thus antichrist himselfe , whom the scripture intitles ‡ the man of sinne , and the son of perdition , will salve all , by styling himselfe , holy father , yea holinesse it selfe . but to come a little more close and home to our prelates , those spirituall lords : wherein doth their spirituall dominion and lordship differ from that of heathen princes ? for first , they assume the title of prince to themselves , as the arch-prelate in high commission most bravely and boldly alledged psal. 45. 16. for which he borrows bellarmines glosse . princes then they must be . but what princes ? spirituall . nay by their lordships favour , they are temporall lords ; for how els come they to sit in parliament cheek by jowle with the princes and peers of the realme ? and do they not in all points beare the image , and represent heathen princes in their state and dominion ? have they not their stately palaces , as they ? have they not their attendants and officers of their house , as they ? doe they not goe in purple , and scarlet , silkes and velvets , and fine linnen , and faire deliciously every day , as they ? have they not their courts , and officers , their tipstaves , lictors , and prisons , as they ? and doe they not exercise their authority without subjection to any humane law , and in their own names , as absolute , and independent lords , as those heathen princes did ? thus have they not with the beast ( their syre ) in the * revelation , made a perfect image of the first beast , to wit , of the heathen empire , from top to toe , whose whole forme and state of dominion they set up in their prelaticall hierarchie ? doth not the ‡ beast , which cometh out of the earth , having two hornes like a lamb , but speakes as a dragon ( which is the papall hierarchie ) exercise all the power of the first beast before him ( namely of the roman emperour there described ) yea and cause the earth , with all that dwell therein to worsh●p the first beast , that is , to subject themselves to the throne and authority of the hierarchie , which is now invested with an absolute , imperiall , independent power , which yet they blush not to affirme to be jure divino , and from christ himselfe ? how can any thing be more diametrically contrary to christs words here , it shall not be so among you ? yes ( saith this shamelesse beast , it shal be so with us , and this imperiall jurisdiction ) we doe , and will exercise over the people . as they doe indeed . yea these spirituall lords do not only exercise all the power of the first beast , as of heathen princes over the bodies and goods of men , by imprisoning , fyning , undoing of men and their whole families ; yea and faggotting also the deare saints and servants of god , onely by a pretty conveyance , making the civil magistrate to be their executioner , as the high priests having condemned christ , delivered him over to the secular power , to pilate the roman governour : but they also usurpe and exercise a most transcendent and tyrannicall dominion over the soules and consciences of gods people , as whose canons and constitutions ( even their whole canon law , written in blood , signified by their red inke , like to draco his laws , which for their cruelty were sayd to be written in blood● are most cruelly pressed upon the peoples soules for a full conformitie to all those humane rites and ceremonies of their will-worship in their divine service , as they call it . a bondage infinitely more bloody and cruel , then that of gods people of old under the egiptian taskmasters . and yet , not withstanding all these things , is this their lordly and princely jurisdiction jure divino , from christ ? or are prelates herein the apostles successors ? were the apostles ever such princes ? lived they in such palaces ? kept they such courts ? did they imprison , persecute , and undoe gods saints ? did they make any canons , or laws for will worship ? did they presse so much as any one ragge of a ceremony of their own devising upon the conscience of any of gods people ? nay did they not expresly forbid , and condemn it ? not as lords over gods heritage , saith * peter to the presbyters . not as having dominion over your faith , saith ‡ paul to gods ministers and people . yea this was also one branch of that dominion , which the heathen emperours exercised over the people , namely to force their conscienses in matters of religion . ‡ darius made a decree , that none should make any request to god or man for 30. dayes , save to the king alone : § nebuchadnezzar proclaimes his commandment , that all should fall downe and worship his golden image . and iulian the apostata would force the christians to offer sacrifice to his idols , or at least to cast but a little incense upon the fire before them . and such as refused , were sorely persecuted , punished , yea put to death . and doe not the prelates exercise the like dominion over mens soules ( i say ) even to the utter undoing and exterminating of all those , that refuse to submit their necks to such an antichristian yoake ? nay doe they not fast chaine to their tyranny all ministers , that take their oath of canonicall obedience , even as temporall princes take an oath of allegiance of their subjects● only here is the difference , the subjects are by their oath bound to the prince , to obey him according to gods law , and the laws of the land : but prelates by imposing the oath of canonicall obedience , doe exact of all ministers absolute and unlimited obedience , to all their canons , not onely those in being ( although they be both contrary to christs law , and are not authorised by the law of the land ) but to whatsoever other canons they should in time frame and compose . which was one great coale , that hath caused the smoaking out of all the prelates out of our neighbour countrey . thus we see , that the prelates , exercising the like , yea even the same authority and dominion , which the heathen princes used in all points over their people , are here flatly and expresly forbidden by christ himselfe : so as their pr●lacie is so farre from being sure divino , of divine authority , as that it is an open rebellion against christ and his kingdome , and a very trampling of his words under their feet : but it shall not be so among you . againe for the words in luke , the kings of the gentiles exercise lordship over them , and they that exercise authority upon them , are called benefactors . but ye shall not be so . ye shall not be called e'uergétai , benefactors , or gracious lords , as some translations render it . in which word or title christ forbids all such titles to be assumed by his apostles , as are heathenish , or such as did , set forth the magnificence , pompe and state of heathen princes , or such titles , as the scripture doth not give to gods ministers . now it was not unusuall with the heathen to call their kings , who were the greatest tyrants , and oppressors of the people , * benefactors , or the like , in flattery of them . thus they did incrustare vitia , parget , or roughcast their vices ; as the poet speakes . and it seems the popes learned of the heathen this fashion of changing of their names : as , if he were deformed , to call him , formosus : if cruel , clemens , &c. but for prelates , are they not called euergetae , benefactors , your grace , your honour , right reverend , most reverend father in god , my lord , my reverend discesan , my patron and benefactor , our metropolitan , primate , my ordinary , and many such like devised titles , no where to be found in scripture , but serving to bolster out their pontificiall pride ? all such titles christ forbids to his disciples here ; as elswhere also , ‡ be ye not called rabbi : for one is your master , even christ , and all ye are brethren . and call no man father upon earth ( such fathers as prelates are called ) for one is your father which is in heaven . neither be ye called masters : for one it your master , even christ . but the prelates will say , distingue tempora , distinguish the times : the apostles were poore , the church was then but in the infancie , swadling clouts might serve the turne : but now we that are the successors of the apostles , are men grown , and know how to use the honours , pleasures and preferments of the world , being cast upon us ; and being now promoted to be princes , those titles , riches , and honours that we have , are but sutable to our dignity , and serviceable to our principality : then was then : and now is now . these things some great pontificians and popes themselves have alledged . ‡ but bernard , who was one of their owne , writing to pope eugenius , and telling him plainly and freely of all his pontificiall pomp , and how unlike therein he was to christ and his apostles : saith , scilicet sic factitabat petrus ? sic paulus ludebat ? did peter i pray you doe thus ? did paul play such play ? si anderem dicere , daemonum magis , quam ovium pascua haec : if i durst speake it , these are the pastrues of devils , rather then of the sheep . honori totum datum datur , sanctitati nihil aut parum : all is given to honour , but little , or nothing to holinesse . but he puts their allegation as i sayd before ) absit ; inquiunt , tempori non convenit : what should holinesse doe , say they ? it is not sutable for our times . thus bernard . but we need goe no further , then to the painter , whom the pope set a worke in his gallery to draw the pictures of peter and paul : who having painted their faces blushing redde , and the pope coming in to see his worke , and asking him , if peter and paul had such redde faces , because he had so painted them : no , quoth he , but if they were here now , and did behold what a glorious , rich and magnificent successor they have , they would blush as redde , as now you see their pictures doe . and his holinesse was very well pleased with the painters conceit , to see himselfe a braver man , then ever poore peter and paul were , whose successor notwithstanding he boasts himselfe to be . for what els , but a sweet fable , doth the pope make of the gospel , as himselfe said ? and surely we cannot thinke , that prelates , who are the limbs of this great beast , are of any other spirit , then atheisticall , such as the head himselfe is of , and which he hath derived to his members . well , hitherto we have heard christs sentence concerning prelacy in the church , and that negatively , denyed to his apostles , as a thing heathenish and carnall ; and so which turnes christs spirituall kingdome into a meere carnall and temporall , yea profane and heathenish kingdome . but it shall not be so among you . ergo prelates ( as before is noted ) are none of christs disciples , and their prelacie , or hierarchy none of his institution or ordinance , but flatly forbidden and condemned by hm . now a word of the affirmative part of his answere , wherein the shews what manner of men his true disciples must be . verse 27. &c. but whosoever wil be great among you , let him be your minister : and whosever wil be chiefe among you , let him be your servant : the summe is : christs apostles and disciples must be humble men , and servants to their brethren , not lords over them . for these two are opposed one to the other : prelacy is for proud men : humility for christs disciples . christs disciples then , and prelates cannot stand together . and pride is not the way to come to sit the next to christs right hand , but humility . he that is most humble , shal be exalted to the greatest honour . as christ saith here , whosoever wil be chiefe among you , let him be your minister , or servant . that 's the way to be the chiefe . lastly , in the next words , christ sets himselfe for an example : even as , ( saith he ) the son of man came not be ministred unto , but to minister , and to give his life a ransome for many . and the servant is not above his lord . and as christ humbled himselfe below all men : so for that cause god hath highly exalted him , and given him a name , above every name , that in the name of iesus every knee should bow , &c. that is as christ made himselfe the servant of all , so god hath made him now the lord of all : this is that name above every name : so as in this name to bow , is not an hypocriticall and superstitious bowing of the knee of the body , when ever the bare name iesus is named , when the name christ is nothing regarded : but it is an acknowledgement that iesus christ is the lord and iudge of all , to the glory of god the father ; as there the apostle speakes . so as he there saith , * let the same mind be in you , which was in christ iesus . thus true humility is the way to honour in christs kingdome : he that fits lowest at christs footstoole here , shall sit highest at his right hand in heaven . so as this is not such an humility , as was in the monke , that alwayes went hanging down his head , untill at length he came to be prior , and then being asked , why now he held up his head : he answered , i have now found the keys of the covent . nor as of another , that being a frier , would cover his table with a piece of an old fisher-net , in token of his humility : but coming to be abbat , he cast away his net ; and being asked why , he said , i have now taken the fish . neither are christs words so to be taken , as the pope stiles himselfe , servus servorum dei , servant of the servants of god : under which title he hath made himselfe dominus dominantium , lord of lords . nor because pope gregory was the first , that styled himselfe servus servorum dei , and his next successor but one , boniface 3. got the title of vniversalis episcopus , universall bishop : therfore christ requires such an humility ; as aymes at temporall promotion . but he is truly humble , that denyes himselfe ; and tramples on the worlds preferments , preferring christs rebukes before the treasures of egypt , and to suffer afflictions with the people of god , rather then to injoy the pleasures of sinne for a season . this is that humility , which brings us to that recompence of reward , to sit at christs right hand . and thus much of christs words , wherein he declares his mind touching prelacy , so as he never thought it fittest to governe his church by prelates , as the said archprelate is not ashamed to bely him , and so to blaspheme him . therfore the hierarchy is no institution of christ , and so not jure devino , of divine authority . chap. iii. wherein sundry passages of the prelate in his said booke , for the mainteynance of his hierarchy , and so for the disabling of the authority and evidence of the holy scripture , are met withall . for concerning the scripture , he hath writ a large treatise or * section of his relation , of almost 15 sheets of paper , wherein he extremely abuses the clearenesse and sufficiencie of scripture , as wanting light enough of it selfe to show it to be the word of god ; untill the authority and tradition of the present church doe light it . and for proofe hereof he saith , that god in his providence hath kindled in it no light for that . thus belying and blaspeming gods providence . it shal be sufficient to name and note this onely , for the present , the confutation thereof requiring a larger discourse , then this of mine will admit . againe , he saith , ‡ if there be a jealousie or doubt of the sense of the scripture , we must repaire to the exposition of the primitive church , and submit to that : or call , and submit to a generall councel , &c. now , if he shall quarrell this scripture , and those words of christ forementioned , as being either jealous or doubtfull of the sense thereof : and so send me to the primitive church , or call me to a generall councel , for the determination of this point : what shall we say ? for in no case can he yeeld the scripture the honour to be sole judge of controversies in faith . and for the primitive church , which he meanes , namely that which came after christ and his apostles , that ( he will say ) had bishops , or prelates . and for a generall councel , that by his own verdict , must consist of prelates , and so then shal be judges in their own cause . therefore herein i must tell him plainly : that , first , for the primitive church , which was that of the apostles , never any one of them was a prelate or diocesan bishop , as we shall see more anon . secondly , the next ages of the church succeeding that of the apostles , knew no such lord bishops , or prelates , as are now adayes , with their traines and courts . and when they began to get prelacies , old hierome reprooved them ; and so did others . thirdly , never any generall councel yet concluded , that prelates were jure divino . fourthly , for a generall councel now to be called for the determining of this controversie , which must consist onely of prelates : i deny them to be competent iudges in this case . for by the prelates own confession * no man ought to be both party and iudge in his own cause . and again , the ‡ prelate is too strict and canonicall , in tying all men to the decision of a generall councel , and to yeeld obedience unto it , yea although it determine a matter erronious in the faith . now then if a generall councel of prelates should determine , that prelates are jure divino , although it be erronious , yet according to the prelates rule , all must yeeld obedience , and submit thereunto . and then we are gone , if we commit this matter to a generall councel . but we will passe by these , and come to some other of his passages for his prelacy . he saith , ‡ i beleeve , christ thought it fitter to governe the church aristocratically by diverse , rather then by one vice-roy . a●d those diverse , he makes to be prelates , or hierarchs , or rather archprelates . now except he verily beleeve that prelates are the best men in the world , how can he beleeve , that christ thought is fittest to governe his church by them ? for aristocracie is a government of the best men . aristoi , optimi , and therefore called optimates , most honourable for their vertues but are prelates so ? doth their extreme pride , ambition covetousnesse , voluptuousnesse , idlenesse , hatred and suppressing of gods word , persecution of gods ministers , oppression of gods people , even all that professe godlinesse , and extreme both injustice and cruelty without all law or conscience in censuring poore innocent soules that come before them : doe these their vertues make them to be the best men for christ to thinke the fittest , by whom to governe his church ? unlesse in this respect christ might thinke it fittest : that seeing he thought it fittest , to keep his true church , his little sto●ke , alwayes under manifold tryalls of afflictions and persecutions , as being the exercises of all that will live godly in christ iesus , and the way , through which they must goe into the kingdome of god : therefore for this very cause , he might thinke it fittest to suffer satan to set up anticr●ist in the temple of god , with his traine of prelates , who should prove the most vengable instruments of persecuting and oppressing gods true children , of all other men in the world . and this i beleeve to be true . and againe , i beleeve this to be true also , that christ thought it fittest to governe his true church aristocratically , that is , by the best men , because he hath so expressed himselfe in his word . why ? where ? and who be those best men ? let my lord prelate have patience , and i will shew him a cleare ground of this my faith , such as he can never shew for his blind faith . those best men , that christ thought is fittest to governe his church by : are the severall ministerss rightly qualified , and lawfully placed over their severall congregations respectively . and they are called both presbyteri , and episcopi , presbyters or elders , and overseers , or ( as prelates falsely style themselves ) bishops . but how are these o i aristoi , the best men ? because christ requires such to have the qualities of the best men . what be those ? first , such a bishop , or overseer must be blamelesse : the husband of one wife ( not therfore one tyed from marriage , which is for antichrists priests ) vigilant , sober , of good behaviour given to hospitality apt to teach , not given to wine , no strik●r , not greedy of filthy l●●re : but patient , not a brawler , not covetous , &c. and in titus : not selfe-willed : not soon angry : a lover of good men● sober , just , holy , temperate , holding fast the faithfull word that he may be able by sound doctrine , both to exhort , and to convince the gainesayers . such therefore , as call themselves the onely bishops , to exercise lordship over many ministers and congregations , and are proud , heady , high minded , lovers of pleasures , more then lovers of god , cruell strikers with their high-commission-weapons , soone angry ; and never appeased againe , not lovers , but persecuters of good men ; not such as hold fast the wholesome word , but suppresse it all they can , forbidding others to convince the gainesayers , as those of the arminian party , and the like ; and cutting off the eares of those ministers , that should dare to reprove the prelates notorious practises and attempts , in setting up a false , idolatrous , and anchristian religion for christs religion , and such like : such ( i say ) how can the prelate beleeve to be of those diverse , whom christ thought it fittest to governe his church by . againe ; another passage of his , is this : * she ( the church of england ) beleeves , that our saviour christ hath left in his church , besides his law-booke , the scripture , visible magistrates and iudges , that is arch-bishops , and bishops , under a gracious king , to governe both for truth and peace according to the scripture , and her owne canons and constitutions ; as also chose of the catholick church , which crosse not the scripture , and the just laws of the realme . so the prelate . in the next passage before , the prelate makes profession of his own faith concerning christs thought for prelaticall government : and here he tells us what is the faith of the church of england about the same new article of his beliefe●● and not unlikely it is ● that the prelaticall church of england is of the saine beliefe with her learned champion , and great metropolitan . but the faith both of the prelate and his church , in this point , is notoriously erronious , as both is proved before , and which the prelates own words here will sufficiently convince of fashood . for first , christ left none ( when he went into heaven ) but his apostles and disciples , such as he inspired with his spirit , to instruct and governe his church . but the prelate a * little after confesseth , that one of these visible iudges , arch-bishops and bishops , are infallible . therfore christ left no such iudges ; and when he went into heaven , there were no prelats extant , nor yet hatched ; and therfore christ cannot be so much as thought ; much lesse beleeved , to have left any such visible iudges , as the prelate mentioneth . secondly , it cannot be safe to beleeve , that christ left any such to be visible iudges in matters of faith and religion , who are in their judgement not onely erronious , but in their affections malicious against christ and his word , and his trile church . for the universall and constant practise of prelates ( and especially ever since antichrist hath been exalted in his throne ) in persecuting the professors of the gospell , doth proclaime them to be of the malignant church , and of ‡ the bendwoman , that where of babylon , whose ●eed doth persecute the true church and children of god : and therefore christ would never appoint such to be visible iudges in matters of faith and religion in his church . thirdly , the prelate in making such visible iudges besides christs law-booke , the scripture ( as he saith ) doth hereby deny and exclude the scripture from being the sole iudge in all matters of faith and religion . and the church of england formerly before this her metropolitan started up ) was of this beliefe , that the scripture was the sole iudge and rule of faith , and admitted of no other iudges to sit on the same bench with it . this the many learned works of our english divines , yet extant , can abundantly testifie . therfore except the church of england hath lost her wits , and hath no more grace left her , then the grace and faith of canterbury : she cannot be so madde as to beleeve christ left any such visible iudges , as her prelate speakes of . fourthly , it can never be beleeved of any sensible man , much lesse of any even common christian , that christ would leave notorious hypocrites to be iudges in matters of religion , who under a faire pretence of truth and peace , doe labour utterly to destroy both truth and peace in his church . as here , the prelate names truth and peace , as the end of his hierarchicall government : but his practises doe prove him to be the greatest enemy both of truth and peace , that ever sate in the chaire of canterbury . for first , for truth ( as the truth of the doctrines of grace , layd down in the articles of religion of the church of england hath he not in the declaracion before those 39 articles ( but set forth in the kings name : for all must be , under a gracious king ) baffled it , making the articles to speake nonsense , or in the language of the delphick oracle , ambiguous , that may be taken either way , as favouring the arminian , aswell as the orthodox ; so as by this meanes , his arminian crew may prove their heresies out of those articles , aswell as the orthodox , can the truth . is this visible iudge then for truth ? againe , how doth he suppresse all preaching of the doctrines of grace , by terrifying ministers in all the visitations of these visible iudges ? so cleare it is , that he governes for truth . secondly , for peace . what peace , i pray you , hath either the church , or state of england had , since this polypragmatick began to stirre and stickle both in church and state ? nay what peace hath the neighbour-kingdome had , since his arme hath been imped out , to put his hot coale under the eves of that church also . so as now , when scotland burneth , is 't not time for england to looke out , and to cast on water , and to quench the fire , not with more fire , to consume all , but by quenching the coale , that both first kindled , and still fomenteth the flame ? thus we see what a governour here is under a gratious king , for truth and peace . but , fiftly , he addeth , according to the scripture . this is something . and yet as good as nothing : for he immediately annexeth , and her own canons and constitutions canons , enough to batter the scripture : and constitutions to undermine and blow it up . for what scripture can stand in any force , where his canons come ? and much more , where these canons of his church of england are seconded by his catholike church : wherein his church of england , and that of rome , are become ( according to his * own words ) one and the same church , of one and the same faith and religion . and thus indeed , the church of england may enter common with rome in her canons , as namely in her canon law , and so make corpus cononicum the rule whereby to governe this new corporation of the two churches now become one againe . so as let but the canons of the church of england be seconded with those of her prelates catholicke church , and then all scripture is gone in common law . so vaine is it , that with scripture he names and yoakes his canons of england and rome , by which his figures of value , he conjures the scripture within the circle of a meere cypher but , sixtly , he concludes with this qualification : which crosse not the scripture , and the just laws of the realme . but first , for the scripture , who shal be judge whether the canons doe crosse it ? who but the canon-makers , and canon-masters , the prelates ? and will they trow you turne the mouth of their own canons against themselves ? nay their canons , though never so crosse to scripture , yet are like to darius his decree , which though against the scripture , yet rather then it shal be broken , daniel must to the lions denne , to try whether the lions , or the kings decree be more cruell . so the prelates church catholick canons are like the laws of the medes and persians , all the daniels in the world shall rather to the lions denne , then the canons be reversed . to give but one instance for many : that canon de haeretibus comburendis , of burning the hereticks ( which is one of those speciall canons of his catholick church , and a most damnable canon , as any in all the packe , and such , as if christ and his apostles were now upon the earth , and did preach as once they did , they should by vertue of that canon be brought to the stake , as christ was by the high priests * law to his crosse ) that canon ( i say ) though it crosse the scripture ( as being against all true chistians , whom this canon calls hereticks , and burnes for the scripture-sake ) yet shall it not be for ever in force , so long as there is one hereticke remaining upon the face of the earth , and one pope , or prelate to discharge the canon ? but the prelate addes , and the just laws of the realme : if the said canons crosse not the just laws of the realme . this is as good , as the former , and no better . for what laws of the realme doth he account just ? those , that crosse any prelaticall practises , and antichristian lawlesse courses of his spirituall courts ? surely those are not to be ranked among the just laws of the realme those must needs be unjust laws , which are made to restraine ; the infolencie and lawlesse proceedings of prelaticall courts . which is the reason , that now of late , under this archprelate , prohibitions out of the kings bench to the high-commission are so gueason , so well schooled are both lawyers to move , and judges to grant any such thing . thus the prelates practises are a sufficient commentary of his owne words . so as the summe of this his whole passage is , that his church of england must submit her beliefe to her arch bishops and bishops , as visible iudges left by christ to governe , and to determine all matters of difference in point of faith and religion , and that according to scripture too , so farre as they crosse not her own canons , and those of the catholicke church , wherein england and rome are one and the same , one church , of one faith , of one religion . and all this ( if we may beleeve her metropolitan ) the church of england beleeves . o miserable church ! chap. iiii. wherein some other passages of the prelate in his booke , touching the authority of his hierarchie , are met withall , and confuted by evidence of scripture . in his * epistle dedicatory he hath these words : she the church of england ) practises church-government , as it hath been in use in all ages , and all places , where the church of christ hath taken any rooting , both in , and ever since the apostles times ; and yet the seperatist condemnes her for antichristianisme in her discipline . so he . a bold speech , and the more bold , because most false , and hath nothing but his bare ipse dixit , his naked affirmation , as authority sufficient . whence i note sundry particulars . first that he calleth the hierarchie , or ecclesiasticall government therof , the church of england . a thing familiar with prelates to make themselves the church . and such a church as that of rome , the pope and his priests , or prelates , are the church , as themselves affirme . whereas indeed ( as iunius hath well distinguished ) ● they are not the body it selfe of the church , but ●●ennes , or swellings grown up , and so incorporated into the body , as overspreading it like a leprosie , it assumes the denomination of the body . and such are prelates , who in the church of england are strumae great swellings like the kings evill , which are commonly next the head , or about the necke , in the most principall parts of the body . onely in this they will not be called the kings evill , because they claime their originall from christ ( as before is noted ) and therfore though they be but certaine abscessus , or apostemes ( and so indeed apostat●s from the true church of christ ) which not onely deforme the body , but greatly in danger the life thereof , yet the name of church they challenge in peculiar to themselves . but surely the true church of christ in england disclaimes communion with such a false church , as the hierarchie calls it selfe . secondly , he saith that his church , or prelaticall government hath been in all times and places , where the church of christ hath taken any rooting . here he finely excludes all the protestant reformed churches , as no churches of christ , because they have weeded out those . * bittet roots , whereby many are defiled , and rooted up those plants , ‡ which our heavenly father hath not planted , to wit ; all prelates with their hierar●hicall government , which being rooted out of those churches , the gospell ( blessed be god ) and so the true church of christ hath taken the deeper and firmer rooting , and brought forth the more abundant ‡ fruits of holin●sse . but the prelate in thus unchurching all true reformists , is as good as his word , which he openly spake at dr. bastwicks censure , in high-commission , saying , the protestant churches beyond the seas were no churches , as having no bishops , calling calvin a plaine rascall . but so long as those churches have the true bishops namely orthodox and sound pastors to feed their severall ●locks , it is not the arch-prelate , that can so easily degrade them from being christs true churches , as he can deprive those ministers both of ministry and meanes , who are obnoxious to his church-go●ernment . thirdly , where he saith , that his church-government hath been in use in all ages , and in all places , where the church of christ hath taken any rooting , both in , and ever since the apostles times : although this be most false , yet were it true , it would not therupon follow , that this his church-government is either apostolicall , or jure divino , or from christ . for first , every thing that hath been in use in the apostles times , and in the true church of christ , is not therfore apostolicke , or such , as the true church of christ alloweth of . for we read , that the mistery of iniquity began to worke in the apostles times , and even then there were § many antichrists , and that in the very midst of the church in those dayes . † and if prelates shall prove to be those antichrists , which the apostles detected , and described by their qualities ( as will appeare anon● ) then because such antichrists were extant , and their church-government in use in the apostles times , will the prelate therfore conclude , such were apostolicke , and had their originall jure divino ? secondly , neither can the prelate ever prove , that his prelaticall government ( as now of later , and of long time it hath been ) is any thing like to the church-government exercised by those , who took upon them to be the first diocesan , or provinciall bishops in those ages succeeding the apostles . he that shall read the centuries ; cat●lagus testiun● veritatis , and other true church stories , shall find as vast a difference between those poore ancient bishops , both in their manner of life , and church-government , and the moderne prelotes , since antichrist mounted aloft in his pontificalibus : as the * poet makes between the silver age , and the iron age : or as the ‡ prophet shews between the brazen brest of the image of the babylonish empire , and the feet mixt of iron and clay . and that image may well resemble the state of the spirituall babylon , or hierarchy , which had its rise of simple and small beginnings , but by degrees successively , it grew and got strength , and both height and bredth , and so became at length of a blind brooke , a goodly navigable river , so as the church turned a city of traffique and trade in all worldly pleasures and riches ( as babylon is described revel. 18. ) and so the more worldly it grew , the more wicked , proud , tyrannicall , lordly , and imperious , and of a militant church turned triumphant as the prelate himselfe saith of rome so as now the church government of the prelates in regard of their great courts , and consistories , and doing all things without the presbytery● is as much unlike that ancient church-government of those bishops of old , as our moderne prelates themselves are unlike them in manner of life ; for these are persecuters of the gospel : those were persecuted , and suffered martyrdome for christ . thus it is false , that he saith , that the church-government now in england was in us● in the primitive church . for to instance in one thing : in those ancient times excommunication was not used for every trifle , nor done in a blind court , nor denounced by a dumb priest . but enough of this . fourthly , whereas he saith : and yet the seperatist condemnes her for antichristianisme in her discipline . first , as for the seperatist ( as he calls him ) i thinke the prelate with this his book , and other his prelaticall practises hath made more separatists from his prelaticall church of england , then ever any that hath sit in the chaire of canterbury ever since his predecessor augustine first sate in it . nor doe i see , how any christian living in england can with a safe conscience have communion with that church , which professeth ( as the prelate doth in her name ) to be one and the same church with rome , of one and the same faith and religion . yea were it no more , but that the church of england professeth to be a hierarchicall or prelaticall church , which in that very respect is no true church of christ , it were argument and cause sufficient to seperate from her . and that because , secondly , he that is a true seperatist from her , for the former respects , may justly condemne her for antichristianisme in her discipline , for first , she exerciseth , she professeth no other discipline , but that which antichrist , the pope and the whole antichristian romish church exerciseth and professeth , and that in all points cap a pied , from top to toe . and this her discipline is antichristian , as being of antichrist , and so against christ , and exercised in the maintenance of antichrist . for instance : the prelaticall church of england hath lately found out a discipline , to censure , punish , imprison , fine , excommunicate , degrade deprive , and all these together , him that shall dare to deny the pope and prelates to be jure divino . dr. bastwicke did thus : and so the high-commission served him , as aforesaid . what discipline then in the world can be more antichirstian , or more forcible to drive christians from having any more communion with that church ; which exercising such an antichristian discipline , how can she shift off the just condemnation of antichristianisme , which they shall cast upon her ? againe , secondly , the whole discipline of the church of england , as it is the discipline , which antichrist and his church exerciseth , and therfore antichristian : so it is that , which hath no footing , but is expresly forbidden in the word of god , as antichristian and tyrannicall . for the church of englands discipline stands most upon the imposition of sundry ceremonies of humane invention , and antichristian observation , which she presseth upon all mens consciences , and for default of conformity , layes grievous censures upon them , as excommunication , and the like . now all such ceremonies , so imposed , both christ himselfe condemneth , * in vaine they worship me , teaching for doctrines the commandements of men : and the apostle also throughout that whole chapter of the epistle to the collossians doth charge christians not to put their necks under any such yoake , as whereby they are deprived of the benefit of christs death , and beguiled of their reward , and spoyled of their christian liberty , and the like . againe , the prelates in imposing their ceremonies are antichristian , because in so doing , they usurpe christs throne , and therein fitting , doe exercise a tyranny over mens consciences , intolerable to be borne ; which if men will not yeeld unto , they doe in as much as in them lyeth , make them anathemaes , shut them out of the church , by excommunication , &c. and lastly , their excommunication , not onely in regard of the matter and cause , for which it is , namely , because men will not renounce christs service , to take the tyrannicall yoake of antichrists ceremonies upon the shoulders of their consciences , but for the very manner of it , as it is used in the church of england , is a discipline antichristian , as being against that form of excommunication , which is prescribed in the word of god , and was practised in the apostolicall churches . it was christs rule , tell it to the church , that is , to the congregation ; and if the offender will not heare the congregation , he is excommunicate by and out of the congregation . and the apostles rule is , for such offenders as deserve excommunication : * i verily ( saith he ) as absent in body , but present in spirit , have judged already , as though i were present , concerning him , that hath so done this deed : in the name of our lord iesus christ , when ye are gathered together , and my spirit , with the power of our lord iesus christ , to deliver such a one unto satan , for the destruction of the flesh , that the spirit may be saved in the day of our lord iesus christ . whence i note , that excommunication is a solemne businesse , not to be inflicted for every trifling matter , much lesse as the pharisees did , who excommunicated all those , that confessed christ ; nor to be done in a blind court , and by a single soled priest , nor the offender to be released for the payment of his fees , or by way of committing , or the like : all which are practised in the discipline of the church of england . but excommunication must not be , but for a great offence ; nor done , but by the whole congregation , nor released , but upon the publique repentance , confession , and promise of reformation before the said congregation , where the offence was given , and by whom the penalty is taken off . therfore the discipline of the church of england in this case is wholly antichristian . lastly , forasmuch as prelates doe necessarily draw after them a traine of ceremonies , as a chaine of so many links , wherwith they captivate , ensnare , and enslave the consciences of men ( as their motto is , no ceremonie , no bishop : for they goe inseperably together , like tobie , and his dogge ) and the church of england in her discipline , and church-service , is wholly captivated by the masters of such ceremonies , the prelates : and some ceremonies are such , as even doe deny the lord that bought them , as namely , altars , and their service : and all the ceremonies imposed upon the conscience , deny christ to be the onely king of his church : all these taken together , what between the prelates , and between their ceremonies , the church of england , and her discipline is become antichristian ; and therfore no marvail , if for this cause , good christians , that have knowledge , and make conscience , doe seperate from communion with any such church . chap. v. wherein some other passages of the prelate are taken tripping , though he would run away with it , that his hierarchie is jure divino . he saith , * for the calling and authority of bishops over the inferiour clergie , that was a thing of known use , and benefit for preservation of unity and peace in the church . and so much st. jerome tells us . though being none himselfe , he was no great friend to bishops . and this was so sei●ed in the minds of men from the very infancy of the christian church , as that it had not been to that time contradicted by any . so that then there was no controversie about the calling . the difficulty , was to accommodate their precedencies● and the ‡ ordine primus ( whereof there was a necessity ) falling to the roman prelate , by reason of the imperiall seat , this was the very fountaine of papall greatnesse , the pope having his residence in the imperiall city . so he . now for answere hereunto : first , for the authority of bishops or prelats over the inferiour clergie ( as he calls it ) first he must prove their calling , before he can make good their authority . now prelates have no such calling from god . and the apostle saith , ‡ no man taketh this honour unto himselfe , but he that is called of god as aaron . so christ glorified not himselfe , to be made an high priest : but he that said unto him , thou art my son , to day have i begotten thee : thou art a priest for ever after the order of melchisedec . but that the prelates have no such calling from god , the prelate himselfe ( as before is noted ) doth as good as confesse , saying , § among bishops there was effectuall subjection respectively grounded upon canon , and posuive law in their severall quarters ergo this was not jure divino . and if not , where is their authority then ? and therfore , as the prelate saith of the popes supremacy , in being the sole living iudge in and over the universall church . † neither ( saith he ) hath he power from christ over the whole church to doe it ; nay out of all doubt , 't is not the least reason , why de facto he hath so little successe , because de jure he hath no power given : so i may say as truly of all prelates ( who challenge to be the living visible iudges ( as before is shewed ) which is one maine part of their usurped authority over the ministry ) that they have no such power from christ over their severall diocese , provinces , or quarters to doe it ; nay out of all doubt 't is not the least reason , why de facto they have so little successe , because de jure they have no power given . according to that in the prophet . * behold ( saith the lord ) i am against the prophets , that steale my word every one from his neighbour . behold i am against the prophets , saith the lord , that use their tongues , and say , he saith . behold i am against them that prophecie false dreames , saith the lord , and doe tell them , and cause my people to erre by their lyes , and by their lightnesse , yet i sent them not , nor commanded them therefore they shall not profit this people at all , saith the lord . and this : is the very case of the prelates ; they are faise prophets , they steale gods word from the people of god , and instead thereof use their own word , prophecying false dreames , saying , the lord saith , the lord hath sent us , we have our calling and authority from god over all ministers , we are the sole living visible iudges in matters of faith and religion , so as all must rest in our iudgement , according to our own canons and constitutions , &c. thus causing simple people to erre by their lyes , and by their lightnesse : yet the lord hath not sent them , nor commanded them , they have no calling , and so no power and authority from god : and therfore the lord is against these false prophets : and because he hath not commanded them , nor sent them , therfore they shall not profit the people at all . but secondly , the prelate saith , that his prelaticall iurisdiction over the inferiour clergie , was a thing of known use and benefit for preservation of unity and peace in the church . now first , for his inferiour clergie . clergie being appropriated to the ministry is an abusive monopoly , and usurpation ; for all gods people redeemed by christ , are his kleros , his lot , or ●nheritance , whereof the word clergie is derived . as peter saith , writing to the presbyters , ‡ not as lording over t●n kleron , gods heritage , but as ensamples to the flocke . so that the flocke of god , are his kleros , his heritage . but to passe over this : secondly , he tells us of an inferiour clergie : he meanes his priests , and the rest , as archdeacons , and so forth , to the number of 7 orders , as they call them . a rabble of orders not unsutable to the subjects of a lord prelate , as being all of them of humane devise and institution ; of which their hierarc●ie is made up ; another word of mans invention , which some call rather ‡ hierodoulia ; but what holy orders christ hath left in his church , we shall see anon . thirdly , this was ( saith he ) a thing of known use and benefit . of the known use we have formerly spoken . but now , what 's the benefit ? namely , for the preservation of unity and peace in the church . how proves he this ? from s. ierome , who said , that one was chosen over the rest in sckismatis remedium , to remedy schisme in the church . but by the way , these very words of ierome doe argue , that prelates were of humane institution : for unus electus est , one was chosen , i ●rgo of men . but lerome speaks more expresly , which the prelate wisely passeth over dry foot , where he saith , that prelacy was set up humana praesumptione , non institutione divina , by humane presumption , and not by divine institution . well : but had it that successe , the prelate speaks of ? did it produce the fruitfull benefit of unity and pea●e ? or what unity ? or what peace ? indeed we find by wofull proof , that this hierarchy was the very egge , of which the cockatrice , antichrist was hatched , so as the hierarchy consisting of so many prelates , grew at length co●lescere , to grow together into one antichrists ●n body , whereof the ordine primus came to be the head . and herein unity and peace are so conjoyned , as they have made up one intire new catholicke church , that , whereof the prelate professeth himselfe , with the church of england , and of rome , and all other prelaticall churches in the world , ( all other not prelaticall , as the reformed protestants beyond the seas , excluded , as before is noted ) to be , in all which this his catholick church ( as * elswhere he saith , hath its existence . which prelaticall catholicke church is the ver●head and body of antichrist . even as the prelate tells us , that the ordine primus , the roman prelate having his throne in rome . this ( saith he ) was the very fountaine of papall greatnesse : so i may say , the prelacie , or hierarchie was the very fountaine● , when●e hath issued the maine ocean of th●se ‡ many waters over which the whore sitteth , which though it be distinguished into many severall seas of so many prelates , yes all make up but one maine sea ( as it were ) one catholicke church . and this is that unity and peace , the benefit of both the constitution , and preservation whereof is to be ascribed to the hierarchy of prelates over their inferiour clergy . thirdly where he saith , though s. jerome , being no prelate himselfe , he was no gre●t friend to bishops . hence i note onely the conceit of the prelate , that he thinks none can speake against prelates , but such as are none themselves , as if it were onely a matter of envie . but as the poet said , dic mibi , si fi●l tis l●● , qualis eris● tell me , if thou thy selfe wert a lion , what manner of man wouldst thou be ? so the prelate imagines , that if any of those , that speake against the authority of prelates , were themselves lions that is , lord prelates , they would be of another mind , they would then say , we prelates have authority over all inferiour priests , jure divino ; we are the sole visible living iudges to determine and resolve all doubts in matters of faith and religion ; we are the sole masters of ceremonies , to bind all men to canonicall obedience to all our canons and constitutions : we enjoy honours , pleasures , riches , ease , delights of the world , favours in court , and what not ? thus the prelate thinks all men would be of his mind , were they in his place . and i thinke so too , thus farre , that they who take upon them the prelacy , they no sooner sit in that chaire , but it proves a chaire of pestilence unto them , infecting and corrupting mans very reason and judgement so farre , as to make him beleeve all is gold that glistereth . onely few come to that chaire , but such as are selfe-infected with their own imbred plagues , as pride , ambition , covetousnesse , and that in a high degree . so as king iames being once asked , why he had made so many bishops , in scotland , and not one honest man amongst them all : he replyed , saying , by his saule there was never an honest man wad tack a bishopricke . and histories tell us of many holy men , that utterly refused bishopricks , and there is never a true reformed protestant minister , but hates a bishoprick , as he doth the throne of the beast . but fourthly ( saith the prelate ) this ( to wit anthority of bishops ) was so settled in the minds of men from the very infancy of the christian church , as that it had not been to that time ( in the 4th age or century ) contradicted by any . no doubt but such a brave and bonny thing , as a prelacy ; would find grace enough in the world , and quickly sink down , and settle in mens minds and affections . but what 's this to the purpose , as to prove it a calling from god● but this was ( saith he ) from the very infancy of the christian church . surely the prelacy , in the very infancy of the christian church , either had no being at all i●rerum natura , or was but a misshapen embrio , or infant in the mothers belly , as es●● was at the same time in his mothers belly with isaac , yea and would have claimed the blessing of the birth-right too from isaac , because of his antiquity . and did not this young babe wrastle with 〈◊〉 in the wombe , when the apostle saith , the mystery of iniquity doth already works , and this young prelate wanted but time and opportunity to grow up to be a nimrod , even the great antichrist , as we shall see further anon . so as to plead antiquity of the prelacy even from the very infancy of the christian church , is yet no good argument to confirme their authority to be jure divino . for even satans kingdome had existence in the world , before christ was promised . and the kingdome of heaven , to wit of 〈◊〉 here , is described to be such as no sooner was the wheat of the gospell sowne , but that wicked one had his supersemination of tares of manifold ●rrors , such as sprung up even in the apostles times , the very infancy of the church . but had not been till that time which the prelate speakes of ) contradicted by any . that i must now contradict . for first ( as before is shewed ) christ forbad it upon the first motion of it . secondly , the apostles of which we shall speake by and by ) mightily contradicted it , and cryed it down , as being that monstrous mystery of iniquity . and thirdly , it was contradicted by sundry ; as by 〈◊〉 . but you will presently say , that epiphanius ranks him ( even for that very opinion only , that he held prelates not to be de jure divino , or that the degree of a bishop was no greater , then that of a priest ) in the catalogue of hereticks . and so am i also content , upon the same termes , to be by the prelates , counted for an hereticke . but secondly , himselfe confesseth s. ierome to have contradicted their authority ; as we noted before ; saying , that their institution was meerly of humane presumption . yea and thirdly augustine ( that famous light ) was of the same mind with ierome : so as some of the learned in the * councel of trent alledged both of them in this point . so that contradicted it was , and had been , and that by many , and some of them ( as christ and his apostles ) of divine and infallible authority . so as without all controversie , prelaticall authority over other ministers is no calling of god at all ; which we now come more fully to shew , by the testimony of the apostles , both in their doctrine and practise . chap. vi . wherein is shewed , that according to the scripture , preshyters and bishops are all one , without difference , so as he which is a presbyter , is called episcopus , a bishop , and a bishop a presbyter . the first place of scripture that proves this , is in acts 20. where the apostles called together the presbyters , or elders of the church of ephesus , as ver. 17. which elders , or presbyters in v. 28. he calls episcopus , saying , take heed therefore unto your selves , and to all the flocke , over the which the holy gh●st hath made you episcopous , ( that is , overseers , as our english renders the word , or ) bishops , to feed the church of god , which he hath purchased with his own blood . from which words it is manifest , first , that presbyters and bishops are all one and the same order , calling and office . secondly , that in the church of ephesus there were many bishops , or presbyters . thirdly , that they had their calling from the holy ghost . fourthly , that their office was to feed the flock of god , over the which the holy ghost had made them overseers . and for this cause such are called elsewhere * pastors , and teachers , right shepheards indeed , that feed the flocke of god . now will our prelates say , first , that they are those episcopi ? what more contrary to their canons , and practise : for first , they doe not allow , that every presbyter be called a bishop , nor to be of the same order , calling , and office . for they say , that the order , calling , and office of a bishop or prelate is distinct and different from that of the presbytery . secondly , the prelates have an old canon , that there must be but one bishop in one city , or diocese . but here we see the church of ephesus , that one city had many bishops in it , even as many as there were presbyters . thirdly , our prelates can never prove their authority and office to be from the holy ghost either from any inward calling , or outward . not from an inward calling , because , first , it is not any zeale of gods glory , or desire to win soules to god , but it is the strong bias of ambition and covetousnesse , pride , and vaine glory , and love of the world , that draws them to a bishopricke . nor secondly , is it an outward calling from men . for as in respect of god , they have run ; afore they be sent : so in respect of man , they come before they be called . yea they provide and prepare a long time before for such a purchase . for they heap up by hook or crock 3 or 4 fat livings , they seldome preach at any of them , nor keep residence , or hospitality , but hoord up full bagges , sculke at the court , ●gratiate themselves with those in greatest grace , and when the chaire is voyd , they bring out their bagges , and so they ar the onely qualified men for such a dignity . they are well known to be no puritans . so as neither according to their own ancient canons ( which were framed according to the practise held in the apostles dayes , when the people had a voyce in the election of their pastors ) have the prelates an outward calling to their dignities . for instance ; when mr. moutague was to be installed ( or i wot not what they call it ) in bow church , and the tipstaffe ( according to the ancient custome in that case ) with his mace proclaimes open liberty for any , that can come and except against the worthinesse of that man ; one stood forth , and made his exception ; which though it was both legall , and very materiall , yet he was borne down , and the matter never came to tryall , but was carryed with a strong hand for the new prelate . thus ( i say ) they have no lawfull , nor truly formall , or yet canonicall outward calling . yea , besides that they are notorious simonists , either purchasing that dignity with a great summe of money , or procuring it , obsequio , by obsequiousnesse , or court-service , and attendance , or by a wager , or the like ( all which are branches of simonie they doe also play the egregious hypocrites . for when the question is asked them , vis episcopare , wilt thou be a bishop ? he answers , nolo , no forsooth . and this is done three times . a meere mock-holiday . for if the wretch were taken at his word , he were undone . fourthly , neither doe our prelates affect the bishopricke for that end , that those bishops of the church of ephesus were exhorted unto by the apostle : namely , to feed the fock of god . yea , besides that their ayme and desire is not for the office and worke of a true bishop ( as the apostle saith , * he that desireth the office of a bishop , desireth a worthy worke ) which is principally to feed the flocke of god , as also ‡ peter exhorteth ; for they look not to the duty , but after the dignity , as chrysostome and ‡ bernard have noted of old . thou seest ( saith bernard ) all ecclesiasticall zeale to boyle and pant aft●r their dignities onely , &c. as we noted before : besides this , i say , it is a thing impossible for them to feed the flocke of god . for some of them have foure or five hundred flocks within their diocese , some more● some lesse , which they never once in all their life bestow one fothering upon ; onely the prelate in his trienniall visitation , that is once in 3. yeares , visites perhaps halfe a dozen churches , where he comes not to feed the flock● with one scrap of a sermon , but to fill his pouch with his poore ministers double procurations , and his paunch with their good cheere . but our prelates will answere ( as our non-residents doe in that case ) that though themselves doe not feed the flocke , yet their curates do● it for them . for ( say our prelates , and that according to their collect for bishops and curates ) all the ministers in their severall diocese are their curates , to feed so many flocks . thus by this reckoning , the prelates are the most egregious non-residents , of all other . and thus we see , how not onely unlike , but directly contrary all prelates are to those bishops of the church of ephesus , and that in all and every of those particular and remarkable respects forespecified out of the apostles own words . and therfore by that place of scripture , prelates , though they have usurped most unjustly the title of bishops , yet they have nothing in them of true bishops indeed , and therfore are never able to prove , that they are bishops jure divino . for they which are bishops jure divino , are lawfull pastors set over their particular flocke , to feed the same with the wholesome food of the word : but prelates call themselves diocesan bishops , having so many flocks , as they neither doe , nor ever are able , nor ever intend to feed them . nay instead of feeding them , they restraine and inhibit all ministers to feed their flocke at all in the afternoone on the lords dayes , nor at any time to feed them with sound and wholsome , and comfortable f●od of the doctrines of grace , and gods free love to his elect in giving christ for them , effectually to redeeme them , and certainly to bring them to that eternall glory in heaven , which god from all eternity had predestinated them unto . so as without this sound preaching of grace no flock can be savingly fedde . prelates therefore are wolves to destroy , not shepheards to feed the flocke of christ . a second place of scripture , proveing a presbyter and a bishop to be all one , in order , calling and office , is in tit. 1. 5. &c. for this cause ( saith the apostle to titus ) i left thee in creete , that thou shouldest set in order the things that are wanting , and ordaine elders in every city , as i had appointed thee . if any be blamelesse , &c. for a bishop must be bl●melesse , as the steward of god ; not selfe-willed● &c. here againe we plainly see , that those , who are the presbyters , or pastors set over the flock of god , are here called bishops by the apostle . whence in is evident that in the infancy of the christian church , in the time of the apostles themselves , and that by order from christ , and from the holy ghost , all presbyters , or true pastors of several●congregations ( as aforesaid ) were called bishops , or overseers , as the greek word signifieth . and this was k●ta po●n , in every city , and towne in creete , especially where there was a congregation of christians , titus was appointed by the apostle to ordaine such elders or bishops , and in centuries we read , ●ow in some countries , there was never a towne , or village , but it had a bishop in it , which bishop was the pastor there . and the severall qualities required in those presbyters or bishops are in the same chapter set down by the apostle , which because we touched before upon occasion , i will not here insist upon . but those qualities are such , as our prelates willingly leave to those poore presbyters or bishops , as most sutable for those apostolick times and persons , content they are to take the name of bishop upon them , but for the qualities there required , they are not prelaticall enough , such as will ●uit with a lord-bishop . for those were poore bishops , or overseers , and feeders of one flocke in this or that city : but these are lord-bishops over a whole di●●●se , as before is noted . to these places , we might adde others ; as phil. 1. 1. with the bishops and deacons . where the apostle , nameing no more orders , but of bishops and deacons● ( the same which he nameth and describeth in the forecited places , 1 tim. 3. and tit. 1. ) makes it cleare unto us , that by those pishops in philippi he meanes the same in kind , that were in ephesus , and creete , to wit , so many presbyters , as were also called bishops , or overseers . and naming bishops . which were at philippi , it argues , there were many bishops of that one church , as we noted before of the church of ephesus . and in other places also , they are called elders . for 1 tim. 5. 17. let the elders that rule will , be counted worthy of double honour , mali●ta o● kopiontes , especially th●se , that take greatest paines in the word and doctrine . now those elders ( chap. 3. ) he calls bishops . implying they are both o●e , as also , that there were many of those bishops in the church of ephesus , where timethy then was . and those presbyters or bishops , some were more industrious in the word and doctrine , did kopian , labour more hard therein ( as the word signifieth ) then ordinary : and therefore such the apostle would have to be counted worthy of double honour . now is it thus with our lord-bishops ? first , do they kopian , ●oyle hard at gods plough ( to use la●imers comparison ) do they desire no more honour , but such as is proportionable to their paines in preaching gods word ? tussi , their honour is according to the honour of the city whereof they are lord-bishops ( as the prelate himselfe ‡ tells us , the honours of the church should follow the honours of the state ) or according to the greatnesse of their reven●●s , or according to their great favour and place in kings courts , and not according to their yeares , or vertues , or good deserts , which are neither required in them , nor respected of them . thus still all along quantum abludunt , how much distance is there , and what infinit disparity between our lord bishops , and scripture-bishops ? and lastly , these bishops , so called by paul , are called also by peter praesbyteri , presbyters , or elders : where he saith , ‡ the elders which are among you , i exhort , who am also an elder , and a witnesse of the sufferings of christ , and a partaker of the glory that shal be reveald : feed the flocke of god , which is among you , taking the oversight thereof ( episcopountes ) not by constra●nt , but willingly : not for filthy luore , but of a ready mind : neither as being lords over gods heritage , but being ensamples to the flocke . and when the chiefe shepheard shall appeare , ye shall receive a crown that fadeth not away . where first , he notes the ministers and pastors by the title of presbyters , or elders , as also he stiles himselfe . he saith not my lords , or right reverend fathers , or the like . secondly , he useth no imperious language unto them , but saith , parakalo , i exhort , or beseech you . not as the prelates to their priests . these are to will and require you , upon pai●●e of episcopall censure , &c. thirdly , the thing he exhorts them unto , is to ●eed the flocke of god committed to their charge . but our lord-prelates command their inferiour ministers to feed their flocke , as sparingly as may be , as , at the most to preach but once upon the lords day , or once a moneth will serve , and for catechising in the afternoone , altogether to forbeare expounding , and for the sound food of the doctrins of gods free grace , which is the very summe of the gosp●l , never to preach of them at all , as being too puritanicall , and the like . fourthly , he exhorts them to feed , each his own flocke , feed the flocke of god , which dependeth on you . he saith not flocks , as if one presbyter or bishop were set over many flocks or congregations as our lord bishops are ; as is noted before . fiftly , he exhorts them to oversee their flock● , not for filthy lucre , but of a free and ready mind . but our lord prelates , and their curate priests are of another mind , as being hirelings , and noe true shepheards , so as it is with them , no penny , no pater noster ; they looke more to their tithes , then to their taske , and more after the sleece , then for the good of the flocke . sixtly , not as lords over gods heritage ; yea mud ' o●s katakurie●ontes , nor as lording it ever gods heritage . the same word is used in mat. 20. 25. mark . 10. 42. where such heathen-like lording , is by christ himselfe forbidden his disciples , as * before is she●ed . but the pontificians , and so our lordly prelates say , that this word katakurieuein signifieth onely a tyrannicall lordship , which they doe not use . i answere , that in luke kurieu●in , to lord it at all , is forbidden . and being put for katakurieuin , it noteth , that all manner of lordship over the flocke of god is forbidden to christs true ministers . nor can the prelates ( whether pontifician , or protestant in name ) so easily cleare their lordly dominion over gods people from tyranny . for even our great prelate himselfe sticks not to charge the church of rome with ‡ tyranny . and can he discharge himselfe of it ? wherein comes the primate of the church of england short of the papall tyranny , but in this , that the pope tyrannizeth over the universall church of the great world , and the metropolitan or metropolitician of all en●land tyrannizeth over that whole church , which the pope called the other world ? the difference ( i say ) is onely in the magi● & minus , which alter not the nature of the thing . for , for the popes inquisition , the prelate hath his high-commission ; by the law whereof though he cannot bring his heretick puritans to the stake , attended with fire and fagot , as the popes inquisition doth , yet he can make their life more miserable , then death it selfe , by his pecpetuall close imprisonments , and the like . nor wants he either canons and ceremonies , as snares to catch , nor pursuivants , as beagles to hunt out the poore sheep , and to hale them to his shambles , for refusing to be fed with such hemlocke , instead of gods wholesome word . yea where his high-commission cannot reach to suck the blood , and crucifie the bodies of christs servants , as upon the pillory : he can easily remove the cause into another court , where himselfe sitting a grand and powerfull swaying judge , will satisfie his blood-thirsty longing . and as in * another place of his booke he twitteth the church of rome for being a tryumphant church : saying , now she must be a triumphant church here ; militant no longer : so no lesse triumphant hath the prelate made his present prelaticall church of england . oh , how doth he triumph in his chaire , as in his charet ? yea , more specially , how did he triumph over those . three his remarkable men , whom he ( looking out at the court-window beheld standing on the pillory , and loosing their eares and blood ; how did he then applaud his politicke pate , and potent credit in court , that he could thus anékesta , without rememedy ( as the ‡ story saith of the tyrant licinius , a persecuter of the christians ) overthrow the most innocent cause , and therein the most innocent persons ( and without all colour of contradiction , the minister ) that ever was judged in any christian court . thus he triumphed over them : though their triumph over him , and all his antichristian lawlesse cruelty , in that their most constant couragious , and invincible cheerfullnes in suffering , was as much more glorious , and noble , as his was most ignoble , and base . but thus ( i say ) the prelate , with his prelaticall church , must be triumphant : militant no longer , but in warring against the lambe , and his poore followers . so as this prelate , with his confederates , are the successors of the high-priests , scribes and pharisees , and of edmund bonner , and stephen gardiner , those bloody butchers and wolves , which devoured and destroyed christs sheep in queen maries dayes ; and therein were the church-triumphant in england . but this by the way . returne we now , whence we have a little ( as it were ) digressed , though not impertinent to our purpose in hand , which is to shew the true difference between the true ministers of christ , and those of antichrist . seventhly , therefore , not as lording it ●ver gods heritage , but being ensamples to the flocke . now wherein are our lord prelates ensamples to the flocke ? in their humble carriage ? in their meeknesse of spirit ? in the moderation of their government ? in their continencie , and contempt of riches , honours , pleasures , ease , and the like ? nay are they not examples to the world ( farre be it from gods flocke ) of extreme pride , ambition , covetousnesse , voluptuousnesse , idlenesse , profanesse , lawlessenesse , extreme cruelty , barbarous injustice , implacable malice , and intolerable tyranny , palpable hypocrisie , and such like prelaticall vertues and graces , the most proper and peculiar indowments , inseperable qualities of their hierarchie ? eightly , and lastly , true elders , or bishops , that with a good conscience feed gods flocke , both with the wholsome food of sound doctrine , and with the holy example of a good life , shall , when the chiefe shepheard shall appeare , receive a crown of glory , that fadeth not away . where i observe two particulars : that iesus christ is the onely chiefe or arch-shepheard . o' a' rkipóimen . so as here is no place , either for pope , over the universall church , or metropolitan over a whole kingdome , or for arch-prelate over the provinciall , or yet prelate over all the shepheards in his diocese● for then such should be a' rkipoímenes , the cheif shepheards : but this title and office is peculiar to christ alone , and incommunicable to any other . nor did peter himselfe , arrogate to himselfe any such title , but was content with * o● tumpresbúteros , a fellow-elder , as if an equall to those elders , or presbyters , to whom he writ . the second particular i note is , that all such presbyters , or true bishops ( as aforesaid ) may and do most certainly expect , and shall most surely receive , at the appearing of the chief shepheard , an immarcescible crown of glory-behold , here is such a reward , as no lord prelate can expect , or hope for . for these are rightly resembled by ‡ dives , to whom ( being in hell torments , and desiring one drop of water to coole his tongue ) abraham answered , son remember , that thou in thy life time receivedst thy good things , &c. for he had gone in his purple and fine linnen , and fared deliciously every day , while mercilessy he suffered poore lazarus to lye at his gate full of sores , yeelding him no reliefe , or comfort at all ; saving that his dogs came , and licked his sores . a●d doe not our diveses , our rich lord prelates ( and which of them is poore ) goe in their purple , satten , velvet , and the finest lynnen , as their lawn sleeves and rochet , and faire deliciously every day , not induring once in their lives , with their good wills , to keep one extraordinary fast day , so zealous are they of the observation of lent , and other embers ; wherin they can faire deliciously with the choycest fish , and fruits , and wines , and other cates . so as with dives they have their good things here . only these come short of , and outstrip dives in some things : for first , dives yet suffered lazarus to be layd at his doores : but these beat away the true lazars from their doores , 2. dives suffered his dogs to shew so much compassion , as to lick lazarus his sores : but our lord prelates doe set their dogs at the true lazarusses , to teare them in pieces ; 3. lazarus brought his sores with him , dives did not cause them : but our lord prelates doe fill gods lazarusses full of wounds , which they carry away with them , not scaping from their gates with a whole skin ; 4. lazarus was willingly layd at dives his gates : but gods lazarusses never come to the lord-bishops gates , but with an ill will , when they are hayld and pull'd ; 5. dives denyed his crummes , to lazarus , because they were of his bread to feed his dogs : but the prelates doe not onely deny any one crumme of mercy , when they are offended , or to doe right when the lazarusses are injured : but they doe also rob , pill and poll them , stripping them of all they have , and so doe not relieve , but make lazars . againe , on the other side , lazarus in some sort may be an embleme of gods true ministers : for lazarus had all his evill things in this world : so the good and faithfull ministers of god must undergoe manifold afflictions , tribulations , and persecutions in the world , as our saviour * christ forewarned his disciples , and so their true successors , to wit , godly and painfull ministers of the word ; who find their masters words verified in themselves , by manifold experince of tributations and persecutions , which they mainly and chiefly suffer at the hands of antichrist , and his antichristian prelates ; as the world it selfe is able to beare witnesse . in the kingdome of england at this day , who are the great persecuters , yea and the onely oppressors of gods faithfull and painfull ministers , and of all true professors , but these lordly prelates , who will not suffer any one , minister , or other , to burrow within their diocese ( if he doe but smell of a puritan , as they call them ) but do ferrit them out , and hunt them to the death ? where by the way it is cleare to all men , that have but common sense , that the prelates ( which are , and ever have been ●at least since antichrist hath been aloft ) the most furious and fiery persecuters of gods good ministers and people , even for religion sake ) are false bishops , falsely pretending their iurisdiction from christ , and their succession from the apostles . they might aswell say , that they have authority from christ , and his apostles to afflict , persecute , and oppresse all true religion , with all the true preachers , and professors therof , and so prove themselves to be of those of whom christ foretold his disciples , saying , * they shall put you out of the synagogues , yea , the time cometh , that whosoever killeth you , will thinke that be doth god service . and surely the prelates , grounding their usurped authority upon christ , which they so exercise in afflicting and oppressiing christs ministers and people , must needs consequently conclude , that this their persecution is a speciall part of gods service . to conclude , then the parable ; as these prelates have their good things here , and nothing is left them , but a ‡ fearefull expectation of judgement and fiery indignation , which shall devoure the adversaries , so as they shall not find a drop of mercy in hell , who would not shew a crumme of mercy here , but contrariwise shal be tormented with more scorching flames , then dives , by how much their wickednesse here exceeded his : so gods faithfull ministers , as they receive their evill things here ( and especially at the hands of antichristian prelates , whose malice and cruelty against them exceedeth all other in the world ) so they shal be sure to receive a most glorious and unfading ‡ crown of glory , which the lord , the chiefe shepheard , the righteous iudge shall give unto them , at that day , nor to them onely , but to all those that love his appearing . chap. vii . wherein is shewed , that the prelates are no lesse contrary to the practise of the apostles ( whose successors notwithstanding they pretend to be ) then they are to their doctrines ; as hath been proved . for the more cleare demonstration hereof , we will consider the practise of the apostles in a twofold notion : 1. the practise of their ministry : 2. the practise of their life and conversation . first , for their ministry : that also we consider in a double respect : 1. of doctrine . 2. of discipline . of these being to speake , we will first consider the apostles two wayes : 1. as they were apostles : and 2. as they were ministers . first , as they were apostles , to speake in a strict and proper sence , they left no successors behind them . for as apostles , 1. they had their immediate calling from christ : 2. they did * see christ with their bodily eyes : 3. they were inspired immediately from christ with apostolicall gifts and graces of the holy ghost , ‡ which led them into all truth , so as their judgement was infallible , they could not erre : 4. they were made the pen-men of the scripture : 5. they had a power given them to appoint euangelists to attend their apostleship in the gospell , to settle and water , where the apostles had planted , and where they appointed them : 6. they had ‡ immediate direction from the holy ghost where to preach at such , or such a time : 7 they had their § commision immediately from ch●●st , which was to preach the gospell throughout the world , though the † holy ghost did more particularly dispose of them to severall countries . now in all these respects the apostles , as apostles left no successors behind them . for after the decease of apostles , and so also of the euangelists ( some whereof writ the gospell , and some preached the gospell , and did other things at the apostles appointment ; whereof we shall have occasion to speake more anon ) their office of apostles and euangelists , ceased . so as , never since they lived , have there beene any apostles or euangelists , properly so called . though in a generall notion all true preachers of the gospell , in asmuch as they have a calling from god , being sent of him , though mediately by the church , may be called apostoli , that is , sent , ( as the apostle called epaphroditus ‡ a'póstolon , the philippìans apostle , which our english translates a messenger , because they had sent him to him ) as they are called in the selfe same respect aggeloi , * angels , or messengers : and they may be called also for the same reason euangelists , because they are preachers of the gospell . but i say , strictly and properly the apostles onely were called apostles , and the euangelists euangelists , for the reasons aforesaid . so as after their decease , the ordinary ministers of the word which god appointed to succeed them in their ministry , were called pastors and teachers , as eph. 4. 11. and somtimes presbyters or elders , and overseers , or episcopi , set over their severall congregations respectively as aforesaid ) and somtimes ‡ u●pereta , or díakoni , ministers of the word ; as the apostle often styles himselfe . so as in the second place we come to speake of the practise of the apostles , as they were ministers of the gospel , whose examample all true ministers imitating , are said to be their true successors . but before we speake thereof , one objection crosseth us in our way , which is this . we noted before , that one peculiar priviledge and badge of an apostle● properly so called , was , that he had the holy ghost immediately inspired into him by christ , so as it led him into all truth , that he could not erre in his preaching , or writing of the word of god . now it is objected , that the promise of * christs spirituall presence , and so of the holy ghost , is made to the apostles , but to all the succeeding generations of all their true successors to the end of the world . upon which promise ( but most falsely applyed ) the pope doth build his imaginary infallibility , of a power of not erring in the faith . for answere hereunto briefly . first , neither the pope , nor any prelate , have any thing to doe with this promise . for they have no calling from christ , as hath been proved ; and they are antichrists , and so led by another spirit , to wit , of him , of whom they have their calling , and tha● is , of the great red dragon ; as remaines yet further to be cleared secondly , concerning this promise made immediately by christ to his apostles , that he would be with them to the end of the world , and that the holy ghost should lead them into all truth : we must distinguish between the apos●les , and all succeeding true ministers . first , this promise was actua●ly fullfilled to the apostles , so as they neither erred in their preaching , nor in their writing of the word of god ; and the substance of all their preaching ( so farre as it is necessary for the salvation of gods chruch to the end of the world ) is by them left in writing to be a rule of our faith , and the ground of all holy and saving knowledge . now then all true ministers , succeeding the apostles in all ages , and also all true beleevers , though they neither receive the holy ghost inmiediately from christ as the apostles did , nor are any to expect to receive it in that extraordinary way : yet all true beleeving both ministers and people doe receive the holy ghost . but how ? by what meanes ? the apostle tells us , ‡ by the hearing of faith preached ; that is , by hearing the gospell ( which is the ground of faith ) preached , we receive both faith , and the holy ghost . now as we received the holy ghost by hearing of faith preached : so this spirit of god doth guide us into all truth , by and according unto the scripture . and as the holy ghost is ( as i may so say ) § begotten in us by the seed of gods word sown in our hearts ( though properly we are begotten again by the holy ghost ) so this holy ghost is as it were , nourished and preserved in us by and through the word of god , even as the light of the lamp is nourished by the oyle , or as the breath goeth with the voyce or word spoken ; or as the blood hath its course in the veins , or the vitall spirits have their s●at in the heart ; or as the animall spirits in the braine , when they are derived into all the parts of the body in the arteries and veines , so as all the members are thereby actuated and moved . and as the philosopher saith of naturall bodies , * a'panta trephétas tois a●utois , e'x o`pér e`isi : all things are nourished by selfe same substance , whereof they are begotten , or have their beginning or beeing : so in a sort it may truly be said , that as we begin spiritually to live by the holy ghost through faith by the preaching of the word of god : so this holy ghost in the severall graces and operations there of is preserved , and as it were nourished in us by the continuall ministration of the food of the same word in our soules : or in a word , the holy ghost hath no operation in us , either for instruction , or illumination , or consolation , or corroboration of any grace in our soules , but in and by , or according to the word of god . so as besides gods written word , there are no revelations of the spirit to be expected in gods true church . secondly therefore , the promise of the holy ghost to christs true church and children , succeeding the apostles even to the end of the world , is made good to all and every particular member of christs mysticall body , whether ministers or people : so as in the matter of their faith , and whatsoever appertains to their salvation , they are by christs spirit guided into all truth , being led by the rule and light of gods word , which to those that are in christ never goes unaccompanied with the holy ghost . for , even as * so many as are led by the spirit of god , they are the sons of god● so as , if any man have not the spirit of christ , the same is none of his : so none are led by the spirit of god , but those that are led by the word of god . and therefore as christs spirit dwells in all his , so his ‡ word also . for these two are inseperable ; the holy ghost teaching us no other things , but what we find written in the word of christ . to which purpose christ saith , when § the spirit of truth is come , be will guide you into all truth : for he shall not speake of himselfe : but whatsoever he shall heare , that shall he speake . now the whole scripture is christs word : this the holy ghost receiving from christ revealed to his apostles , or ( as christ saith ) † brought to their remembrance : and the apostles commited those things to writing ( as the holy ghost directed them ) for our both instruction , and remembrance . so as if * any speake not according to this word , it is because there is no light in them . whatever spirit men bragge of , not indurcing the law and testimony of the scripture , it is without light , a counterfet spirit , a lying spirit . and this is that very spirit of antichrist , and of his prelates , who to advance their own canons and decrees , and to cry up their usurped antichristian authority , in taking upon them to be the onely visible iudges in matters of faith ( as * before we have noted of our prelate of cant● ) as if they had the spirit of infallibility , and were the onely men of gods privy counsell , and the onely privilegiats not to erre : doe so much depresse , vi●ifie and cry down the authority and sufficiencie of the scripture , as if it were a ‡ dumbe , dead , and blind iu●ge , having not so much light in it , as is sufficient to demonstrate it to be the word of god , but what it must be beholden to the authority and tradition of the present prelaticall church●or . but ● ye blind guides , § to the law , and to the testimony : for while ye speake not accordiag to this word , but contrariwise blaspheme the same : it is a manifest signe , that there is neither light , nor ‡ life in you , come we now to prosecute the remainder of the former particulars propounded : the second generall whereof is , the practise of the apostles , as they were ministers of the gospell , whose example all true ministers imitating , are said to be their true successors . and first of this practise in regard of doctrine , to wit , in their ministy of the word , and sacraments . first for their doctrine , it was sound and sincere , the very word of god , which they preached with all diligence , and good conscience ; exhorting other ministers also to the like diligence and faithfullnesse in preaching : as 2 tim● 4. 1 , 2. i charge thee therefore before god , and the lord iesus christ , &c. preach the word , be instant , in season , out of season , &c. thus did the apostles . but doe our prelates thus ? first , do they preach diligently ? are their sermons , any more , then 2 or 3 festivalls in the yeare ? and doe they preach sound doctrine ? nay as the apostle there saith , they will not indure sound doctrine ; they neither preach it themselves , nor permit others . and instead of exhorting ministers to be diligent in preaching , and teaching the people , they flatly forbid them to preach so of●en , as twice on the sabbath , or to expound the catechisine , for instructing the people . thus they are enemies of gods word , and so of the salvation of gods people . are these men then successors of the apostles ? againe , for the two sacraments , the apostles administred them duly according to ‡ christs institution , not varying one title from it ; they neither detracted any thing from i● , nor added ought of their own inventions . now doth the prelaticall catholicke church , ( wherein that of england , and of rome are both one and the same , and doe professe one and the same faith and religion , as our great prelate saith ; noted before ) thus ? now romes detractions and additions , we all know . but what hath the prelaticall church of england done in this kind ? 1. doe they not detract both from christs institution , and from the dignity of the sacraments , while they set dumb priests , no better then masse-priests , to administer ? doe they not detract from baptisme , while they doe as much debase it in comparison of the lords supper , as they doe exalt this ( which they * call the great eucharist ) in comparison of that ? do they not administer that , neere the belfrey , or church-door , the lowest part of the church , as they estimate it : and this at the end of the chancel , their highest part of the church ? secondly , do they not alter christs institution by adding to the sacraments of their own superstitious inventions ? doe they not adde an empty and 〈◊〉 signe of the crosse to baptisme , the o mission whereof is no lesse heinous , then of baptisme it selfe ? and have they not added a long forme of liturgie to the administration of both the sacraments ? have they not altered the table for the lords supper , into an altar for a sacrifice , which is also as great a derogation from the sufficiencie of christs onely sacrifice on the crosse , as it is an alteration , yea and an annihilation of this sacrament , which is to be administred as a supper , on a table , not as a sacrifice , on an altar . and this they doe also , in imposing a necessity of kne●eling at the receiving of the sacrament , whereby they overthrow the nature of a supper . to omit their necessity of private baptisme , and of carrying their host to a man on his death bed : would they not also of ‡ late yeares have brought againe into the church of england the other 5 sacraments of the romish church , that so the church of england and of rome might in nothing be unlike in their practise , as they are not in profession , as our said prelate saith : thus are our prelates herein successors of the apostles ? secondly , for the apostles practise in point of discipline . and this is either in ordination of ministers , or reformation and correction of manners , or imposition of ceremonies . for the first , ordination of ministers , we read , of timothies ordination no lesse by the imposition of the hands of the presbytery , then of paul himselfe . titus indeed was appointed by paul to ordaine elders in every city in creet ( as was noted before ) but if he did this alone , without the presbytery , 2 necessity must needs be supposed , which is neither rule nor law in ordinary cases . and by the way , whether titus and tim●thy were diocesan bishops , as the prelates pretend , we shall see in a more fit place . and for ordination this we are sure of , that whoever have the charge of it , prelates have nothing at all to doe with it , because ( as is already proved ) they are no lawfull ministers of christ , much lesse successors of the apostles . againe , whom did the apostles , and presbytery ordaine ministers of the word , but such , as were every way qualified with gifts and graces for preaching , and the like ; as we see prescribed in 1 tim. 3. tit. 1 ? they were not like to ierobeams priests , nor any of those , whom the prelates doe make priests , which are * dumb dogs ( as the prophet calls them ) blind watchmen , that love to s●●ep , to take their ease , greedy dogs , that are never satisfied with heaping up living upon living , they fill themselves with strong drinke , and are good fellows , not good ministers . yea such as are truly qualified , either prelates doe not ordaine them : or they doe afterwards , seeing how they prove painfull in their ministry , put them to silence , or suspend and persecute them , as before is noted . and againe thirdly , the apostles , and presbyters in their time , ordayned none for money ; for offering whereof ‡ simon magus was accursed ; but our prelates ordaine tag and rag for money , so as the ordinary fees come to 3 , 4 , 5 , or 6 pounds . so as in point of ordination how doe our prelates prove themselves to be successors of the apostles ? and lastly , the apostles and their lawfull successors ordained none , but lawfull ministers of the gospell : but our prelates do ordaine a new order of priests , bringing in , and setting up a new priesthood , which is antichristian , not having any foundation in the sccripture . prelates therefore in ordrnation are no successors of the apostles . secondly , for matter of censure , or for reformation and correction of manners , as for instance , in the censure of excommunication , the apostles , though as apostles , they might doe of themselves , yet as ministers they did it not , but with the whole congregation ; or else the congregation with the presbyters ; as we see 1 cor. 5 3. 4. 5. insomuch , as even prelates themselves , after they first had taken footing , as being the time of their innocency ( as i may say ) observed this order . so as cyprian , who lived about 250. yeares after christs nativity , would doe nothing in this kind , without the consent both of the presbytery and people . this lasted during the 10. persecutions : but peace and prosperity succeding , it degenerated into that height of tyranny by degrees● to which we see it arrived at this day . secondly , excommunication was for weighty causes , as in the same place ; and 1 tim. 1. 20. the apostles had no prelates courts , or consistories , where they did privately by themselves , or by a dumb priest excommunicatt for every trifle , and especially for the least breach of a canon , and the like ( as we noted before ) but the consistory was the whole congregation solemnly assembled , where no censure was imposed , but for great offences , and those breaches of gods laws , and of christs ordinance . nor were those censures remitted , but in and by the whole congregation , after publick satisfaction given by the offender to the offended . whereas our prelates , in all , doe quite contrary , absolving also great offenders for a fee , without any signes of repentance , much lesse fruits of reformation , and satisfaction made to the congregation offended . whereas the apostles absolved none , before the congregation was first satisfied by , and so pacified towards the offender ; as 2 tim. 2. 10. do our prelates thus ? no such thing . therfore no successor of the apostles . thirdly , for imposition of ceremonies in the worship of god , the apostles were so farre from laying any such yoake , upon christians necks , or any such snares for their feet , as they did utterly condemne all humane rites and ordinances whatsoever in gods service , laying also a speciall charge upon christians not to put their necks under such yoakes , unlesse thereby they would renounce iesus christ for their onely king , and lord over their consciences and soules in all matters of faith , and the worship of god . in one chapter ( colloss. . 2. ) the apostle beats them all down , whether they be old iewish ordinances ( now abolished under the gospell ) or of mans devising , and imposing . first , for iewish ceremonies , he saith , they are * shadows , which now upon the death of christ are all vanished , and abolished . secondly , all other rites and ceremonies , which are of mans devising , he calls them ‡ philosophy , and vaine deceit , traditions of men , rudiments of the world ; not after christ : a ‡ voluntary humility , as worshiping of angels , and so idolatry ; an intrusion into things not seen in scripture ; of a fleshly mind vainly puft up ; which seperate from the § head , christ ; they † evacuate christs death , wherein he did ‡ blot out the handwriting of all such ordinan●es , nayling it to his crosse , &c. so as now to be subject to such , is to renounce christs death , and make it of none effect : and they * perish with the using , are good for nothing , being after the commandements and d●ctrines of men : they have but a meere shew of wisdome in will-worship and humility , and hypocrisie in not sparing the body , and onely serve to satisfie the flesh . arguments sufficient to any one , that feares god , and hopes to be saved by iesus christ , to * beware of being spoyled , and made a prey ( as the word signifieth ) of being ‡ heguiled of their reward by such a bondage and slavery . thus the apostle so damning all manner of rites and ceremonies imposed on the conscience in the worship of god , so as he shews it to be a very apostacy from christ , of such as hold not the head : with what face can our lord prelates ( the great masters of all manner of superstitious and idolatrous , both iewish , and heathenish , romish and antichristian ceremonies ) beare themselves to be the successors of the apostles , while not onely they erect such superstitions , but with all rigour impose them upon mens consciences as a most insupportable burthen , and intolerable bondage , and with all severity and cruelty inflict terrible punishments upon those , that refuse to performe the tasks of such egyptian taskmasters ? or how dare they affirme , that they have such their iurisdiction from christ , while in so doing , usurping such a power over mens consciences , they thrust iesus christ out of his throne ? but we shall have occasion to speake more of this hereafter . thus we see in the meane time what kind of vice-roys of christ , and successors of his apostles , the prelates prove themselves to be , in lording over the consciences of gods people by their superstitious ceremonies , and romish rites . but perhaps they will object the apostles determination ( act. 15. ) concerning the gentiles newly converted to christianity , that they should abstaine from eating of blood , and things strangled , which was a mosaicall rite . to which i answere : first , that the apostles in the § same place do shew , that that burthen of legall ceremonies was removed by the death of christ , and buried in his grave . secondly , they did this , in regard of the iews , which dwelt among those christians , for the time being for peace-sake , untill the † christian iews were better confirmed in the faith and knowledge of christ . thirdly , they did it by the speciall direction of the ‡ holy ghost , for the reason alledged . so as that example being extraordinary , and for the time of the infancie of the gospell , it is no rule for us to follow now , after so long a shining forth of the gospell . and i might adde this moreover , that the apostles did not this alone , but with the whole congregation , the presbyters , or elders , and brethren being ●oyned with them . whereas our prelates , though they confesse that a * generall councel hath no immediate institution from christ to determine controversies ; but that it was prudently taken up in the church , from the apostles example , act. 15. yet for all their prudence in taking up that , which belongs not unto them , they shew themselves very unfaithfull , while they follow not the example of the apostles in determining alone , and not with the whole congregation ; and therefore christians have the lesse reason to captivate their faith to prelaticall decrees , either in a generall councel , where the pope of rome , and of canterbury are the rulers of the rost , or in a convocation , where the pope of canterbury is prime , primate , metropolitan , and all , who without the holy ghost ( which is never given to any such antichristian assemblies ) whatever they decree in point of faith , or otherwise , be it never so erronious , yet they enjoyne obedience thereunto by all men ; as our ‡ prelate affirmeth . but he will not be so easily beaten off from his ceremonies : for in his § epistle dedicatory he tells the king , that ceremonies are ne●essary for the setting out of gods worship his great witnesse to the world that our heare stands right in that service of god , to wit , the inward worship . take this away or b●ing it into contempt , and what light is there left to shine before men , that they may see our devotion , and glorifie our father which is in heaven . and to deale clearely with your majesty , these thoughts are they , and no other , which have made me labour so much as i have done , for decency , and an orderly settlement of the externall worship of god in the church ; which cannot be without some ceremonies , &c. for ceremonies are the hedge , that feare the substance of religion , &c. and a great weaknesse it is , not to see the strength , which ceremonies adde even to religion itselfe , &c. so and much more the prelate● whence it appeareth , that had he not ceremonies to garnish his worship of god ( as he calls it the world could not see how right his heart stands , nor yet see his good works ; because instead of good works perverting christs word ) he puts his devotion , and his devotion stands in his ceremonies ; which he saith must not be too few , for then they leave his service naked , and therfore to avoyd that he must have both a surplice , and hood , and cope , to cover that nakednesse . so as all his light is in his externall worship shining forth in his brave garbe of ceremonies ; as that of the pharises in their broad philacteries . so as without this , men ( in truth ) could not so easily see the pride , vanity , superstition , and hyprcrisie , which lurketh in the prelates ●●re , and bewrayeth it selfe in his many inventions of superstitious ceremonies , the very ideas and idols of his profane heart . and antiquity was the mystery of iniquity ; if that will doe them any pleasure . this we generally touched before in the third chapter . but for the second , that the prelacie is this mystery of iniquity , let us a little examine what is meant by this mystery of iniquity . this mystery of iniquity is opposed to the mystery of godlinesse , of which the apostle speaks , 1 tim. 3. 16. iniquity is opposit to godlinesse : but both godlinesse and iniquity are called a mystery . yet in a different respect . the mystery of godlinesse is so called , because of its deepnesse , and difficulty to be understood , but by gods * spirit reuealing the same : but the mystery of iniquity is so called , because iniquity is vailed under a pretence and shew of godlinesse , by which ‡ many are deceived , § whose names are not written in the booke of life . as christ saith , † many shall come in my name , saying , i am christ , and shall deceive many . and thus doe all prelates come in christs name , while they pretend christs authority , and usurpe christs throne over his people . and the great antichrist is so called , because though he be against christ , yet he saith , he is for christ , as being christs vicar ; even as antichristus in the greeke is a compound word , the preposition anti signifying both for , or instead , and against . and so is antichrist , in pretence for christ , but in practise against christ : and so are all our prelates ; as shall yet further appeare . and this is truly and properly the mystery of iniquity . in which respect the turke , and other profest enemies of christ , and christian religion cannot come within the compasse of this mystery of iniquity , and so cannot be full antichrists , because they doe gumme kephale , openly , without any vaile , professe this iniquity , of being adversaries to christ . and for the further application of this mysterie of iniquity to the prelates , we come to the third proposition : that , what is spoken of the great antichrist himselfe , is spoken of all prelates , as members of the same head , or as so many inferiour antichrists , though in themselves great enough . let us therefore see the properties of antichrist here described by the apostle . first he is called , that man of sinne : and this is antichrist in two respects : 1. in respect of himselfe , as being carnall , proud , covetous , ambitious , voluptuous , and a most malicious hater , and most cruel persecuter of the saints and servants of christ , a proper sinne of antichrist● these sinnes and lusts are the proper sinnes of a prelate , and common to every prelate , and especially those of the latter stamp , since antichrist mounted aloft , now for above 600. yeares , yea a 1000. yeares from boniface 3. secondly , antichrist is that man of sin , in respect of others , as being a prime instrument of causing others to sin : as by giving indulgence , dispensation , and liberty to men to sin , and by suppressing the means whereby they should be kept from sin . the pope is notorious for this . and our prelates come not farre behind him . for they allow profane sports on the lords day , by which the 4th commandement is broken : and that to servants and ch●ldren so as their parents and masters may not restraine them ; which is a manifest breach of the fift commandement : so as by this means many other commandements are broken in committing many sinnes . thus they both * breake the greatest commandements , and teach men so . againe instead of suppessing of sports , they restraine and suppresse the preaching of gods word , whereby men should be kept from sinne , and learne to live soberly , righteously , and godly in this present world , denying all ungodlinesse and worldly lusts . thus antichrist is that man of sinne . secondly , antichrist is called the son of perdition for as he is that man of sinne : so by consequence he is that son of perdition ' and that in both the foresaid respects , as of sinning , so of perishing : for as he both sins himselfe , and causes others to sin : so he both perisheth himselfe , and causeth others to perish , as 2 thess. 2. 10. and this is proper to the pope in the first place , whose necessity of perishing is such , that himselfe confesseth an impossibility of amendment . as is noted of adrian 6. who said , * that the condition of popes was miserable , seeing it was evident , that they could not doe good , though they desired and indeavoured it never so much . and pope ‡ marcell flapping his hand on the table , said , it was impossible , that any one sitting in that chaire could be saved . and his own decretalls say , that if the pope carry with him millions of soules to be tormented with the great devil , no man may reprove him . so incorrigible he is . and this is according to christs saying , § that it is easier for a camel to goe through the ●ye of a needle , then for a rich man to goe into the kingdome of heaven . and are prelates in any better condition ? is there any more hope of them , then of the pope , that ever they can or will repent ? if they will repen● indeed , that they may not be the sons of perdition , either in themselves , or also in others , they must get them out of the chaire of pestilence , they must in one word , abandon their prelacie , and prelaticall practises . will they doe this , and so cease both to sinne themselves , and to cause others ●o sin ? this were happy for them . and this were the onely way to free them from being the sons of perdition , namely by ceaseing to be those men of sin . but if chrysostome said of prelates in his dayes , that he wondred , if any of them could be saved : then what would he have said of the prelates in our dayes ? thirdly , antichrist is called o `antikeímenos , that adversary . but still under a pretext of being a friend ; as before is noted . thus antichrist is the grand adversary , ●a'ntikeímenos , opposit , or set against . but against whom ? against christ , against his word , against his ministers , against his people , even all true professors of the gospell , against all true religion . such is the pope , and such are the prelates , as their practises doe plainly prove , and openly proclaime them to be . and fourthly , here is added by a copulative , kaì u`prairomenos , and he that exalts himselfe ( as our english renders it ) over whom ? over all that is called god , or that is worshiped . epìpantà , over all , or against all ( as some translation hath it ) that is called god . for the preposition e'pì may signifie both . but for against we have a'ntikeímenos , opposite , and so this we may take for lifting himselfe up over all that is called god , or that is worshiped ; which we may understand two wayes , either over all religion ( as before we noted ) or over all policy , and civill government , over kings , and princes and magistrates , who are * called gods , and over the emperour himselfe , who is called s●bastos , which is venerable , or worshipfull ; and the honour of caesar which is called sèbasma ( as in the text ) over which this antichrist exalts himselfe . now that this is verified of the pope , it needs no proofe , as being as cleare as the sun at noone day , and which impudencie it selfe hath not the face to deny . but now for our prelates , how is this verified of them ? for they would seem to be friends to kings and princes , insomuch as they are by princes themselves openly proclaimed to be a holy order most christian in it selfe , most peaceable in civil states , and most consonant to minarchie , or the like . for answere whereunto : first , if the pope their sire be such an adversary , and so exalted , how can the prelates be excused , seeing they are of the same spirit , as the members actuated by the head ? secondly , if prelates be ( as their ordinary practises doe shew ) adversaries and opposits to christ , and to his word , aswell as the pope is ( as before is noted ) how can their hierarchie be said to be either most christian in itselfe , or most peaceable to civil states , or most consonant to monarchie ? can such an hierarchie be most christian , which is most antichristian ? or can it be peaceable for a civil state , that professeth christianity , yea and the true religion , to uphold and maintaine such as are most notorious adversaries to christ , and to the gospel ? or can that be most copsonant to a monarchy ( professing to be under christ the onely monarch , on whom all others depend , and to be governed by good and just lawes , and not by a lawlesse tyranny , which it selfe is an hierarchicall tyranny , and such as tyranniseth over soules , bodies , and estates ? or can prelates be true friends to princes , who under a false vizard of friendship labour to corrupt them by their flattery , to make them forget they are men , to make them disaffected with their good subjects , to make them the authors of innovation in religion , by suppressing the truth by their publicke edicts , which tends to fill the people with discontents , and to stirre up sedition , and the like ? can this be safe for monarchie , or peaceable for the civil state , or a thing in it selfe most christian ? nor is it so onely with our present prelates . revolve all histories since antichrists exaltation , and ye shall find that never any great treasons have been , either against the persons of princes , or their civil states ( if they were but suspected of disaffection to the papacy , or romish religion ) but either a prelate , or some of his faction had his finger in it . but there it may suffice , that our eyes have been witnesses of the effects of prelaticall pranks and practises , in being so busie and bold to bring in againe the romish religion , and after the gospel had taken such deep rooting . so as if our kings wisdome had not been the greater in composing things in a peaceable way ( as foreseeing the dangerous consequences that might have ensued , in case he should have by a strong hand gone about to have reduced that antic bristian government into that kingdome , which it had now cast out ) god knows what wofull calamities such a warre might have produced . but blessed be god , for preventing it . againe . as the pope lifts up himselfe above and against all emperious kings , and princes ; yea setting his feet on their necks , causing them to hold his stirrop , to lead his palfrey , and doe such like offices ( as his holinesse booke of ceremonies , and other histories shew ) to hold their kingdomes in fee from him , and the like : and as his cardinalls take place of kings , his arch-prelates of dukes , his prelates of lords : so our prelates ( which come from them , and pro●esse still to be of one and the same church with them , of one and the same hierarchicall catholicke church , of one and the same faith and religion , as before is noted ) doe they not the like , according to their proportion , and degree ? doe not archprelates take place of dukes , and prelats of lords ? nay , doe they not set their feet upon the neck of the kings laws , while they ( though as yet de jure they cannot , yet de facto they doe ) exempt themselves from them , in that they by their power in court , and threatnings in their own courts , so terrifie all prohibitions , that they dare not peep , or shew their faces in the high-commission ; as the author of the * apologie , and two sermons , for god and the king , hath observed , though he hath payd dearely for his truth telling ? thus doe they not u`praírethai , highly exalt themselves above all that is called god ( as above kings and civil states ) while they dare thus withdraw their necks from under the obedience of their good and just laws ( the benefit whereof the kings good subjects should enjoy in relieving themselves , and their innocent cause from the prelates unjust and tyrannicall oppressions in the lawlesse proceeding in their courts ) and so set their proud feet upon the kings both laws , which are the sinews , and loyall people , which are the members of the same body politick , whereof the king is the head ? do they not herein come neere their father pope , who trampleth upon emperours necks , when they dare tread upon the kings feet , as ‡ the serpent did upon christs heele ? and for this cause is the hierarchie , or antichristianisme , called by the apostle , the mysterie of iniquity . yea the mystery tes a'nomías , of lawlessenesse ; for which cause the head of this mystery , to wit , the grand antichrist , or the pope , is called o`anomos , that lawlesse one , which our english turnes , that wi●ked . so as here may fitly come in antichrists fift title o` a'nomos , that lawlesse one . this the pope proves himselfe to be , as being subject to no laws , either of god , or man . so as ( he saith ) he hath all laws folded up in the cabinet of his own brest , as being the great oracle of the world , and the onely infallible iudge in matters of faith ; at least , when he sits in peters chaire ; and that he can dispense with the apos●●● , and the like . but how doth his agree with our prelates ? are they also such a'nomi , such lawlesse ones , as to merit the next place to the pope , for the title of antichrist ? yes surely , they hold a correspondence with their syre , so as in all things they doe patrifare , shew themselves to be his sons . of their lawlessenesse , in regard of subjection to princes laws , we spake but now . and now remaines to shew how they are lawlesse , in regard of gods laws . first , their hierarch●e is 〈◊〉 at all , nor in any thing ( as neither g●o●●ded ; so ) regulated by the law of god , and of c●●ist , but meerly by their own lawlesse canons , which are the laws of their lawlesse kingdome . yea , and when they list , they have a prerogative to goe either beyond , or against their canons , in case their lust find not scope enough . secondly , ( as is noted before ) they not onely can dispense with gods law , but dare and doe annihilate it , and make it of no authority . for they doe unmoralize the 4th commandement , as concerning the sabbath day for christians : they allow profane sports thereon , which gods law hath altogether forbidden : they forbid preaching on that day , which gods word commandeth to be both in season , and out of season : they altogether forbid preaching of the doctrines of grace , which gods word commends unto us , and commands to be preached : they suspend the sense of the articles of religion touching . gods free grace , thereby giving way to the contrary errours , which they forbid preachers to confute , flatly against * gods commandement : they dispense with the fift commandement , dissolving the bond of obedience in children and servants to the parents and masters , and stripping those governours of their authority over them , while they give them liberty to sport , and run riot on the lords day , and threaten all that shall dare to controule them . and herein also , they destroy mans law : for the law of the land no where , either allows any such profane sports on the lords dayes , but flatly forbids them : or forbids parents and masters to restraine their youth from such profanati●ns , or to correct them , if they offend , and will not obey then lawfull commands : nor much lesse hath the law of the land given any such power and authority to any civil magistrate , or other , to punish those , that shal be brought before them , for exercising their lawfull authority over those under their charge . and we all know , that the prelates had the chiefe hand , not onely in penning , but in publishing that booke for sports on the lords day , which is an open proclaiming of warre against god , against christ , against his holy laws , against all holinesse , against our christian vow in baptisme , against the good laws of the land , and acts of parliament , and against the very bonds of all civill and natural societies . and thus our prelates are the most notorious lawlesse men ( onely excepting the grand antichrist , the pope , unlesse in some things they doe outstrip him ) that ever were in any age of the world . further , two wayes more doe the prelates prove themselves to be o`i a'nomei , those lawlesse men . as first , in hanging the keys of scripture at their girdle , saying , that the credit and belie●● of scripture to be the word of god , doth necessarily depend upon the authority and tradition of the present church , as the prime inducing cause to that bel●●f . this our great prelate in his said book boldly affirmeth● and often repeateth , saying withall , that the scripture hath not light enough in it selfe , is not sufficient to shew and prove it selfe to be the word of god . so as the whole authority of scripture● depending upon church-tradition , and authority , is necessarily made subject to episcopall power , and so consequently the law of god contained therein , shall not be divine , unlesse it please their good lordships to give their good word for it , and to make it of so much credit , by the vote of their authority and tradition , as that men may beleeve it to be gods law . and upon this ground it is , that if the prelates shall pronounce the 4th commandement not to be morall for the sanctifying of a seventh day , yea the first day of the weeke , for sabbath , and that servants , and children are not bound to yeeld obedience to their masters and parents on that day , in case civil or ecclesiasticall authority shall dispense with them to be free that day for their sports . then all men must be of their opinion , that those commandements are none of gods commandements . the second way , whereby prelates doe shew themselves lawlesse men , is by denying the scripture to be iudge in controversus of faith . for the said prelate pe●emptorily saith , * i absolutely make a lawfull and free generall councel iudge of controversies , by and according to scriptures . which [ by and according to the scriptures ] come in by the by , and are meere cyphers . for by these words he either meanes , that by and according to the scriptures hee absolutely makes , &c. which is most false : for by and according to the scripture no generall councel is iudge of coneroversies ; neither by and according to the scriptures hath the prelate power absolutely to make a generall councel iudge of controversies : or els , by these words he doth but cast a ●yst before his readers eyes to make him beleeve upon the first rebound of his words , that he makes scripture the rule , for generall councels to determine controversies by . whereas he meanes no such thing . for elswhere he hath sundry speeches to the contrary : as ‡ the churches declaration can bind us to peace , and externall obedience , where there is not expresse letter of scripture , and s●nce agreed upon . and againe , if there be a a●eal●usie or doubt of the sense of scripture , a generall councel must judge the difference : onely scripture must be the rule . now if scripture be doubtfull , and not cleare , how can it be a rule to others , to judge by ? but if scripture be sufficiently and aboundantly cleare in it selfe in resolving of matters of faith for salvation , how come men to take upon them to be iudges ? but that the scripture it selfe should be iudge , the prelate in no case , in no place of his booke will allow of that : onely he confesseth , that the scripture is a * iudge , but without light sufficient : visible , but not living , not speaking but by the church . so as the iudge he makes upon the matter both blind , and dead , and dumb . as the ‡ papists make it a dead letter , and leaden or lesbian rule , that so they may set the church above it , to be supreme iudge . thus our prelates ( if they will allow their primate to speake for them ) have made the scripture , and so gods word of no authority in and of it selfe , when it must depend both for its authority , and sense upon the church and that the prelaticall church , or that catholicke , wherein the church prelaticall of england , and of rome , are one and the same . are not the prelates then , next after the pope , those lawlesse men , branded here by the apostle , under the name of that lawlesse one ? we come now to the sixth note of antichrist in the text : which is●that he at god sitteth in the temple of god , shewing himselfe , that he is god . now the ‡ temple of god , properly , according to the new testament ( the ancient temple of the iews being abolished ) is the soule and conscience of every beleever : or true christian , namely a spirttuall temple . now all that beare but the beare name of christians , as papists doe , doe also participate of the bare name of such , as are the true temples : and so in that respect , antichrist is said to sit in , or upon or over the temple of god . for sitting , argues a seat , chaire , or throne , which antichrist sets up in the soules and consciences of all papists , sitting and raigning as king over them in all matters of faith . so as thus he makes himselfe a spirituall lord , or king over them . and thus by antichrists sitting is understood his raingning , as the scripture doth often use this terme : as revel. 17. 1. 3. 15. and 18. 7. and so in other places of scripture , by sitting , is understood raigning , as heb. 1. 13. 1. rev. 1. 13. now that the pope doth thus set up his throne , and sit and raigne in the consciences of men , who are the subjects and vassalls of his spirituall kingdome , himselfe cannot , will not deny . and he sits , as god , that is , assumes and exercises that power and authority over the conscience , which appertaines to god , to christ alone . and thus he makes shew , that he is god , as to whom god hath committed all his power and authority unto . as the pope calls himselfe vice-god , christs vicar , and the like , usurping whatsoever titles of power christ hath in the scripture : as we read of leo 10 , in the councel of lateran , calling himselfe the lyon of the tribe of iudah , and the like . and bellarmine blusheth not to say , and therein to blas-pheme , that what soever is attributed to christ in the scripture , is communicated to his vicar , the pope . and thus is fullfilled that , which christ , foretold , * many shall come in my name , saying , i am , or i am christ , and shall deceive many . thus for the pope , that man of sinne , that sonne of perdition , who opposeth and exalteth himselfe , ab●ve all that is called god , or that is worshiped , that lawlesse one , that as god sits in the temple of god , shewing himselfe , that he is god● now for our prelates , are they not herein also , as in all the rest , at least petty gods sitting in the temple of god , shewing themselvs to be so many gods ? as for their materiall princely thrones in materiall temples , they have them set up in great state . but this is nothing to that throne , which they have set up , and wherein they sit and raigne , over the consciences and soules of gods people ; their multitude of canons and ceremonies being so many laws by which they rule over them , and so many bonds or chaines , whereby they hold them in spirituall bondage . and thus they sit also as god , in the timple of god , shewing themselves to be god , in saying they are christs vice-roys , and the apostles successors , having authority from christ to exercise that their iurisdiction and power over gods people , who are the living temples of the living god . thus we see all along , how this army of priests ( as g●egory and others call them ) the prelates , do follow their captain and king antichrist step by step , in all his properties here described by the apostle . the last thing we propounded here to speake of , is , that apostacie must goe before to strow the way , to the full revealation of the mystery of iniquity , and so of antichrist , which apostacie was partly and primarily the prelacie . i say , partly and primarily . for partly the removall of the imperiall seat , from rome to constan●inople by constantine , and partly the decaying and declyning of the empire , and partly the defection of sundry kingdomes from the empire , made way for antichrists greatnesse , to which he grew not but by degrees , and that through many ages . yet the prime foundation of his babylonian tower was layd in the apostles own times , they labouring to hinder it all they could , but not prevailing herein , they preached and writ against it , and so forewarned gods people to beware of it . and this foundation so long agoe begun to be layd , was the prelacie , or rather the spirit of prelacie , which had a time of working even while the apostles lived , and became to be as it were an embrio or little masse , but did not receice the forme of a body , till afterwards , and was long a growing up , untill it came to the full stature . now ( i say ) the spirit of prelacie was the very beginning of the apostacie , which was antichrists way-maker . but how doth it appeare , that this spirit of the prelacie began to worke in the apostles dayes ? and then secondly , how will it appeare , that this spirit of the prelacy was and is an apostacie ? for answere : first , that the prelacie began to get life in the apostle time , it is manifest by sundry places of scripture . as 2. cor. 11. 20. ye suffer ( saith the apostle to the corinthians ) if a man bring you into bondage , if a man devoure you , if a man take of you , if a man exalt himselfe , if a man smite you on the face . now the apostle meanes here of those immediately mentioned before , to wit , false ministers , whom he calls false apostles , deceitfull work●rs is transforming themselves into the apostles of christ , v. 13. 15. these ( as young prelates ) would be apostolic●ll men ; and they have the qualities of prelates , they captivate gods people ( as before ) they devoure , take , exalt themselves , smite● just prelate-like . and for brevity ( to omit sundry other places ) we find one pretty briske prelaticall man in 3. iob. 9. 10. his name was diotrephes , and he did beare himselfe according to his name , as one of iupiters nurslings : his qualities are these : 1. he loveth to have the preeminence . 2. he receiveth not the apostles , and brethren : 3. he prateth against them with malicious words : 4. he neither receiveth the brethren , and forbiddeth them that would : 5. he casteth them out of the church . loe here a pretty well grown prelaticall child , a pregnant sparke to make a lord prelate of . for all his properties are proper to a prelate : for a prelate , first , loves the preeminence : 2. though he pretend to succeed the apostles , yet his deeds shew , that he hates both their doctrine , and example , persecuting them in their true successors : 3. he receiveth not the brethren : yea 4. he so hates the very name of holy brethren , that he forbids all men to receive them : and 5. he casteth them out of the church , he playes fy gib with his thunderbolt of excommunication . i might insist more , and inlarge all these particulars : but this may suffice to shew , that the spirit of the prelacie was stirring in the wombe of the church , even while the apostles lived . now for the second , it is no lesse true , that the spirit of the prelacy was and is an apostacy from christ . this first appeares by the apostles former words of falling away first , which made way for antichrist . and this began in the prelacie : for the prelacy is the setting up of a new church , a new kingdome , turning christs heavenly kingdome into an earthly , and the spirituall into a carnall , and the kingdome of grace , into a kingdome of terrene glory , and the church militant into a church malignant and triumphant ( as before is noted ) and the true catholicke church which we beleeve to consist of all the elect onely , christs living members ) into a new catholicke visible church of all nominall christians , tagge and ragge , papists and others : and in a word , the church of christ into the church and synogogue of antichrist . is not here then a fearefull apostacie , and falling from christ ? time calls me off , and therefore i must be very briefe . i will adde therefore but one place more for the proofe of this , that prelacy is apostacy from christ . it is in 1 io. 2. 18. little children , it is the last time , and as ye have heard that antichrist shall come , even now are there many antichrists , whereby we know that it is the last time . they went out from us ; but they were not of us : for if they had been of us , they would no doubt have continued with us : but they went out , that they might be made manifest , that they were not all of us . loe , here is an apostacie , and it is of certaine antichrists , that were then sprung up , even many antichrists . but how doth this concerne our prelates ? let us looke but a little lower , and as before we found them wrapped in the swadling clouts of the mystery of iniquity : so here we shall behold them in the very robes of antichrist . for v. 22. who is a lyar , but he that denyeth , that iesus is the christ : he is antichrist , &c. now what is it to deny iesus to be the christ ? surely we must so take these words , as we hold the analogie of faith , and so , as they crosse not the mystery of iniquity , which we shewed before to be a denying of christ , under a colour of confessing him . now then there is a twofold denyall of christ : one in words , another in works . so the apostle saith of such , * they porfesse that they know god , but in works they deny him , being abominable and disobedient , and unto every good worke reprobate . so as there is a denyall of christ in deeds . but what it is to deny , that iesus is the christ ? this is a point indeed very considerable . to deny that iesus is the christ , is to deny , that iesus is the auointed king priest and prophet ; so , as never any were anointed , to all these 3 offices . and therefore christ was said to be ‡ anointed above his fellows . and for that cause he is called here , o' kristòs , the anointed . now then to deny that iesus is the christ , is to deny , that iesus is the onely king , the onely high priest , and the onely prophet of his church . but ( to apply this ) doth the pope , and so our prelates , deny that iesus is thus the christ ? yes , they do . first , for the pope , it is manifest , that he denyes iesus to be the only king of his church : because himselfe takes upon him to be king over the church , sitting as god in the temple of god , shewing himselfe , that he is god ; as before is shewed . secondly , he not onely sets up other high-priests in heaven , as whom he makes mediators of interc●ssion : and so he denyes christs high priesthood in heaven , whose office alone it is to make intercession within the v●ile , as was typed by the high priest , heb. 9. but the pope also makes himselfe the high priest on earth , in forgiving of sins , and in sacrificing and offering up a breaden christ for a propitiatory sacrifice , wherein also every masse-priest usurps christs priesthood on the crosse . and thirdly , he denyeth iesus to be the onely prophet to teach his church , taking upon him to be the sole oracle , and unerring iudge in matters of faith . these might be inlarged , but i hasten . and a word in things so cleare , is sufficient . now for our prelates : do not they too deny , that iesus is the christ ? doe not they deny him to be the only king of his church , by their usurping of his throne and dominion over the consciences of gods people in matters of faith and religion , by imposing their manifold canons , and ceremonies , as before is shewed ? and secondly , do they not deny , that iesus is the onely high priest , while themselves with the pope , and their false priesthood , take upon them to forgive sins ? yea and doe they not labour to come home to rome , in setting up their altars , with their priests , which must needs have a sutable sacrifice , some host : so as thereby christ is denyed to be the onely high priest , who offered up himselfe on the crosse once for all ? thirdly , and lastly , doe they not deny iesus to be the onely prophet of his church , while themselves usurpe the office of being iudges of the s●ripture , and of the controversies of faith , making their dictates to be received for doctrines , and their determinations ( though in things erronious in the faith ) to bind all men to peace and obedience ? which being so : the conclusion is , that as the pope is the grand antichrist , so prelates are so many antichrists . for ( saith the apostle ) who is a lyer , but he that denyeth , that iesus is the christ ? he is antichrist . and thus we see , how these hypocrites , who are so superstitiously and idolatrously devout in their worshiping of the name jesus , prove themselves notorious . antichrists , in denying iesus to be the christ , to be the only king , priest and prophet of his church . chap. ix . wherein the prelates usuall allegations out of the scriptures , by them perverted , or other by them pretended , are answered . as there hath been no heresie , nor hereticke , so grosse , but he could alledge some scripture or other for the maintenance of his heresie , if his own carnall sense might be the intepreter and iudge : so our prelates , though their pretended title of iurisdiction be in some cleare scriptures so expresly condemned both by christ and his apostles ( as hath been shewed ) as were sufficient to confound them , and put them to perpetuall silence : yet they leave no stone unturned , under which they might find but some worme for a baite to deceive the simple fish . and therfore where they find but the least shadow , or appearance or resemblance , which may present to their fancy and imagination some aëry image of their hierarchie , that they set up for all men to adore . now let us see what starting holes they find out for themselves in the holy scripture . first , they alledge those postscripts in the end of pauls second epistle to timothy , and of that to titus : where in the one , timothy is said to be first bishop of ephesus : and in the other , titus first bishop of the church of the cretians . these ( say they ) were diocesan bishops , ordained by the apostle . and here ( say they ) we have scripture for it . ergo we bishops have our authority iure divin● to both which places , i answere : first , that those two postscripts are no part of canonicall scripture , or of the holy text . for ( as the learned beza hath well observed ) they were not found in the most ancient greek copies : nor yet in the vulgar latin translation , no not to this day . these were additions of some monks , that were made some hundred yeares after the apostles . so as in ieromes time they were not extant , as the translation that goes in his name can testifie , which hath no such postscrips . secondy , our former and ancienter english translations , though they have those postscripts , yet they are put in a small character , different from that of the text , that all men may take notice they are no part of the text . although our all-innovating prelates of late , have in the newer impressions inlarged their phylacteries , in putting those postscripts in the same full character with that of the text , that the simple might beleeve they are canonicall scripture . thirdly , timothy and titus , are no where in scripture called bishops . fourthly , suppose they were such bishops , as the scriptures approve of , as before is shewed : doth it therefore follow , that they were diocesan bishops , lording over the presbyters , as our lord prelates doe ? let them shew us that . but fiftly , it is cleare by scripture , that timothy and titus were neither dioce●an bishops ; nor yet bishops of a particular congregation , such as the scripture commends unto us . not diocesan bishops : for first , as yet there was no distribution of diocese ; that came in afterward . and secondly , they were not tyed to any residence either diocesan , or parochiall . and neither as yet was the church divided into parishes . now the reason why timothy and titus were no such bishops , is , because they were * euangelists , whose office was to attend upon the apostles , and to be sent by them now to one church , now to another , and that in remote countries , and farre distant one from another , where they stayed no longer , then the apostles thought expedient , having occasion to imploy them in other places ; as we may read tit. 1. 5. and 3. 12. phil. 2. 19. 23. 2 cor. 8. 16. 18 , 19. and 12. 17 , 18. col. 4. 7 , 8 : 1 thess. 3. 2. 5 and in sundry other places . so as timothy and titus , and other euangelists , their office was to water those churches , which the apostles had planted , to comfort , confirme , establish the hearts of christians newly converted to the faith of christ . so as if timothy and titus had been bishops , either diocesan , or parochiall , then the apostle in sending them to this and that countrey , to this and that church in farre distant countries , should have been an author of non-residence , a thing much controverted in the ‡ councel of trent , and the best learned did maintaine , that residence of bishops was de jure divino . they were no bishops therefore , but euangelists . and thus the scripture it selfe shews plainly , that those foresaid postscripts are meere forgeries , and counterfeit stuffe ; though our prelates are glad of any shred to patch up their pyde motley coat withall . but they alledge againe for themselves , that titus was left in creet to ordaine bishops in every city . ergo , ordination of ministers belongs properly and solely to bishops . for answere : is this a good argument : titus ordained ministers in creet : ergo ordination of ministers pertaines to the office of every diocesan bishop ? but they must bring better proofe , that titus was a diocesan bishop : otherwise , i deny their argument . secondly , suppose , that titus did alone ordaine : yet this being a case of necessity , and in the infancy of the church , is it therfore to be made a generall rule ? thirdly , if they were diocesan bishops , whom titus ordained in every city in creta , then titus was an arch-bishop at least , and no small one neither , for there being an hundred cities in creet , called therefore e katómpolis , the hundred-city-ile . but for arch-bishops our arch-prelate confesseth they are not iure divino . or els , for titus to ordaine such bishops , as the prelate meaneth he could according to ancient canons of councels , have had 2 or 3 other bishops joyned with him . but if they had been bishops , whom he is sayd to ordaine , the word should rather have been teleiosai , or so to consecrate , then katastesai , to ordaine : because a diocesan bishop is not ordained , but consecrated , as they call it ; so as such a bishop is not an order , or calling , as before is shewed . but to shut up this : titus was no bishop , and therfore our prelates argument from titus his ordaining of ministers , is too weake a foundation , to build their high towring hierarchie upon . againe , they alledge the power that timothy and titus had to censure delinquents : ergo prelates courts are iure divino . this argument is like the former , and concluds nothing for them . nor had timothy and titus their courts and consistories , their apparitors , and pursuivants , their dumb priests to sit in court to excommunicate , and the like . nor were their censures like to those of our prelates ; as before we have shewed about excommunication , either for the matter , or manner , or end . but titus had a commission tà leíponta , epidiorthosai , to set in order the things that are wanting . what then ? ergo it is an office of prelates to set the church in order , by adding such ceremenies or canons , as are wanting . as the prelate saith in his said booke , that he had * taken all that paines for an orderly settlement in the church . but besides the reasons aforesaid , that titus was no diocesan bishop , for our prelates to make their pattern by : they must consider , that the full latitude of the sense of epidiorthosa● ( which our english turnes , to set in order , ) is , to set those things in order , or in integrum restituere , to restore and reduce them to their former estate , wherein at the first they were ordered . now titus had received his rule from the apostle for whatsoever he was to set in order , which rule comprehended such things as were wanting . the apostle left it not to titus to doe what he would , but o'● ego soi dietaxamen , as i had appointed thee . thus nothing will frame well , the scripture will not speak one good word for our prelates . but they take their wings , and flie to the revelation , where the bishops are called angels , as rev. 1. 20. and 2. 1 , &c. the angel of the church of ephesus ( say they ) was the bishop , to wit , the diocesan bishop . but first they must prove that ephesus had a diocesan bishop . before they can conclude he was that angel . for every angel is not a diocesan bishop . for then all ministers being called angels , because gods messengers , should be diocesan bishops , which our prelates cry out against : but if they be false ministers , or counterfeit bishops , though they be angels , yet they are of those angels of darknesse , which transforme themselves into angels of light , as the apostle speakes , and which we mentioned before . but hath ephesus now gotten a dioces●n bishop ? what 's then become of all those bishops of eph●sus , whom the apostle called together , 〈◊〉 . 20. 17. 28 ? of which we spake before . how come they now all to be moulded up into one angel , one diocesan bishop ? but our prelates must bring us better proofe from scripture , then so , for their diocesan bishop , unlesse they will have him some angel dropt from the clowds . and ( saith the apostle ) if an angel from heaven preach otherwise , then what the scripture teacheth , let him be accursed . but they imagine this angel is the diocesan lord bishop , because he stands single , and alone , to the angel of the church of ephesus , not to the angels , as many . but doe the● no● know , that it is familiar with the scripture to use the singular number for the plural ? doth not every one of the ten commandements run thus , thou shalt not , &c. when every mothers sonne is meant ? and why not so here ? nay it is so here : for though he write as to one , v. 1. yet v. 7. he concludes the epistle thus , he that hath an eare , let him heare what the spirit saith to the churches . and such is the style and manner of every one of those 7. epistles to the seven churches : so as under one is meant every one , yea all the churches . now will our prelates hence conclude , that because an angel herd is named , and that which is written particularly to one , concerneth all the churches : that therefore this angel was the diocesan bishop ? surely then , he must be an arch-bishop , as comprehending all the churches . and so also must every one of the other angels of the churches : which would make a confusion . but if the prelates were not selfe-blinded , they might discerne the reason , why the holy-ghost puts an angel for many . for thus it holds proportion with the vision shewed to iohn , chap. 1. 12. 20. this vision of the seven starres , and seven candlesticks , and seven angels , and seven churches , is called a mystery . and a mystery is a secret , which comprehends more , then is expressed . and so here , when one angel is named , we are to understand all the angels of that church , to whom , in the name of one , the epistle is written : nor ●onely to all the angels , but to the churches , under the name of one angel . so as in one are comprehended many , for it is a mystery : yet one is mentioned ( chap. 2. 1. ) because ( i say ) it holds proportion with the vision . againe , if by the angel here , they would have to be understood a diocesan bishop , then they must prove , that this diocesan hath a lawfull calling , as sent of god . otherwise he is no angel , that is , no messenger , no angel sent of god . or if they say , this angel was sent of god , let them prove him to be a diocesan bishop . and thus they are brought into a circle , and cannot find the way out . but they alledge againe , that one here notes unity , which cannot be without a diocesan bishop . and therefore a diocesan bishop was set up for that end , to be a head of unity , for the conservation of order and peace , in schismatis remedium , for a remedy of schisme . insomuch as our arch-prelate ( as is before noted ) holds a necessity of one ordine primus , for the unity and peace of his catholicke church . now for answere briefly ( this being partly touched before ) true it is , that one here is a mysticall note of unity , so as in the angel of the church of ephesus , is comprehended the whole church of ephesus , both ministers and people . but one here doth not signifie one diocesan bishop . neither is one diocesan bishop in a diocese , nor one metropolitan in a province or kingdome , nor one ordine primus in the whole catholicke church , of necessity to preserve unity in the church . 't is true indeed , that the prelates new catholicke-church , which is prelaticall , may need such a head as one ordine primus , to preserve it in unity and peace : this being also very usefull for the inlarging of the tower of babel , for which the prelate hath so laboured for peace in the church of england under the headship of his primacy : so as had he none to oppose or contradict his wicked practises , for the setting up of popery , but all did quietly submit and conforme to his canon , his babylon would goe up apace , and prosper : even as * when the old world was all of one language , the tower of babel went up a maine , till god confounded their worke in the division of tongues : but the true catholicke church of iesus christ hath one bishop of there soules , which is christ , who is that ordine primus , that ‡ unites the whole body , every joynt , and every member , that is , not onely every particular beleever , but every particular christian congregation is knit to the whole , in and under that one head and so this body groweth , and this building goeth up , notwithstanding all the mouths of contradiction , and of malicious sandballets , that seek to hinder it . whereas it is not so with the building of babel . for one small breath of the mouth of god in his word , breathed by one poore minister , is able to blast the building ; and therefore the builders cry out against such fellows , as troublers of the state , and movers of sedition . and they cannot be in quiet , nor their building goe up , untill such make-bates be silenced , or made our of the way . and therefore they labour with the prince ( when themselves want power and law ) to d●e with such as constantine did with athanasius . athanasius was the onely man , that refused to hold communion with a sort of arian bishops ; which caused a great gappe in that unity and peace in the church , which constantine so much desired . well , what 's the remedy ? he thereupon was easily moved to send athanasius away into banishment , and then he thought all would be quiet and in peace . but by the way , truth must be looked unto in the first place : otherwise what peace ? for that a false peace , and the moeher of farther discord , for the which truth is lost . and even our prelate himselfe in his said booke doth often harpe upon these two strings together , truth and peace : a good harmony , were they rightly meant , and that his truth were not made of a wolfes gut , which will never agree with a string made of a sheeps gut , as he pretends his peace to be . but this by the way . and whereas they alledge the prelacie to be a remedy of schisme ( heare ô heavens , and hearken ô earth ) is not the prelacy the grand schismaticke ? i mean , not onely in being the most busie and usuall make-bate in all civil states , dividing prince and people , but in setting up a new and false catholicke church , altogether seperate from , and holding no communion with , yea excluding all reformed churches not prelaticall , as no members of the catholicke ( as indeed they be not of the false catholicke ) all prelacie drawing to one head of the papacy , and that by a necessity of one ordine primus ; as before is noted . but to draw to a conclusion . the last allegation which i note they make , is , that s. marke was bishop of alexandria . ergo episcopall iurisdiction , is an apostolicall tradition , and so jure divino . and for this they alledge the testimony of ierome where he saith , at alexandria from marke the evangelist , the presbyters alwayes chusing one from among them , and placing him in a more eminent degree , called him bishop . whereupon the prelate thus inferres . so even according to s. jerome , bishops had a very ancient and honourable discent in the church from st. marke the euangelist : and this ( saith ierome , ) was a tradition apostolicke . so the prelate . but first for ierome , we noted his words before of such bishops , saying , they were set up by humane presumption , and not by divine institution , and consequently not by apostolike tradition . for apostolicke tradition is farre from ●um●ne presumption ; so as it is humane presumption to make that apostolicke tradition . and for s. marke , * ecclesiasticall story tells us , that marke was the first , that preached the gospell ( which also he writ ) at alexandria . but the story saith not , that marke was bishop of alexandria . and the prelate must marke , that he was an euangelist ( as also iereme saith ) for he wrote the gospel . and the history saith , he was ‡ a follower of peter the apostle . which if true , it makes it more probable , that it was that babylon in egypt , whence peter wrote his epistle , where he saith , the church that is at babylon saluteth you , and so doth marcus my son : then that peter was then at rome , which the papists ( to make peter to have been at rome ) are content should be that babylon , from whence he writ . and if they will needs have it so , let them have it , with the whore of babylon to boot . but this by the way . but be it , that marke was at alexandria , he was there onely as an euangelist , and to doe the office of an euangelist , of which we have spoken before : bishop he was not , as the prelates would have him ; for that we have already proved to be in their sense condemned both by christ , and by his apostles , and therfore is neither an institution of christ , nor a tradition apostolicke . and therefore what ever the presbyters at alexandria began to practise after marke the euangelist , in chusing and exalting one over them , whom they called a bishop , whence our prelates derive their ancieut and honourable descent : sure we are , they can never prove , that ever either any apostle delivered this to marke , or marke from the apostles to the presbyters , to make it a tradition apostolicke . yea this is a sure and infallible rule in divinity , that whatever the apostles expresly set down in their sacred writing , they never delivered the contrary by word of mouth . as the apostle writes to the corinthians , saying ‡ as god is true , our word towards you , was not yea and any . now ( as we have sufficiently proved before ) the apostles , as christ their masters forbad them ) forbid prelacy to others , they exercised it not themselves , they disclaimed dominion over the saith of christians , they brand it for antichristian : therfore prelaticall iurisdiction is no apostolick tradition : and so no w●y of divine institution . and thus the truth and title agreeing together , i end , as i began , lord bishops , are none of the lords bishops . finis . good covncel for the present state of england . i call that counsel onely good , which god himselfe giveth in his word : and such is this counsel , which is here given , as being taken from the mouth of god speaking in his word . 't is a dangerous thing , and impious too , for men to neglect gods councel , and follow their own . this is a signe of a people given up of god : as the lord saith , * my poople would not hearken to my voyce , and israel would none of me : so i gave them up unto their own hea●●s lust , and they walked in their own counsels . and what 's the issue of such counsels ? david tells us , and that with an imprecasion , ‡ destroy thou them , ô god , let them fall by their own councels . and this is meant of such councels especially , as are taken not onely without the lord , but against the lord . of which david also saith , ‡ why doe the heathen rage , and the people imagine a vaine thing ? the kings of the earth set themselves , and the rulers take councel together against the lord , and against his christ : saying , let us breake their bonds a sunder , and cast away their cords from us . and what followeth ? he that sitteth in the heavens shall laugh , the lord shall have them in derision . then shall he speake unto them in his wrath , and vex them in his sore displeasure . for god hath set his king , even the lord iesus christ , upon his holy hill of sion . this king hath all power in heaven and in earth given into his hand . and he hath , as a golden scepter sweetly to governe and protect his own people , so an iron rod to break in pieces his enemies , wherupon the kingly prophet concludes thus , be wise now therefore ô ye kings , be instructed ye iudges of the eearth : serve the lord in feare and trembling : kisse the son , least he be angry , and ye perish from the way , when his wrath is kindled but a little . and what doth more kindle gods wrath against a state , or nation , then to slight and scorn his councels , and with those giants of old to consult , and confederate , and even make warre against the lord and his christ ? and now , ô england , thou a●t making a great preparation for warre . but of whom hast thou taken councel ? of the lord ? from his mouth ? hast thou consulted his oracle , his word ? if not , what ever other councel thou takest , or followest , it is but such , whereof david thus speakes , * the lord bringeth the councel of the heathen to nought , be maketh the devises of the people of none effect , and casteth out the counsels of princes . the councel of the lord standeth for ever , the thoughts of his heart to all generations . and ‡ there is no king saved by the multitude of an host , a mighty man is not delivered by much strength . an horse is a vaine thing for safety , neither shall be deliver any by his great strength . solomon saith , by wise councel thou shalt make thy warre . and no councel can be wise , which is not taken of god , and much lesse , what is taken of enemies against god . of whom then dost thou take councel for thy warre● heare , ô england , examine thy selfe . i know the councel of thy heart ( as solomon saith is as ‡ deep waters , into the bottome wherof a vulgar eye cannot elsily pierce . but yet a man of understanding will draw it out . but if thou wil● not discover who is thy counsellour , certainly thy intended actions will bewray and publish to the world . and therefore in the second place , consider the cause of thy warre , that it be just . i do not meane made seemingly just by false colours , and pretences , but that it be really and truly just before god an men , otherwise , thou hast two grand causes of feare , that the issue shall not be prosperous ; to wit , not takiug councel first of god for thy warre : secondly , not undertaking it upon a just cause or quarrell . but ( to come a little nearer home to the point ) is the cause such , as it will beare any consultation , or communion with god . so as thou mayst with a good heart and conscience seek unto god , to maintaine thy cause ? and for what ever cause thou indendest thy warre , or against whom , surely the cause being publicke , and so concerning the whole land , such a seeking of god is required , as is solemne , publicke , and universall . and we are sure , that as yet , ô england , thou hast not sought god , for the good speed of this thy great and warlike preparation and then , what good issue canst thou expect for ? but thou wilt say , how shall i seeke counsel and helpe of god ? for this , i will propound but one example . the whole tribe of benjamin stood up in maintenance of a most wicked and prodigious fact , as that towards the levites wife . he sent her being dead in 12 pieces to all the tribes of israel : who abhorring such a fact , first sent to their brethren the benjamites to punish the malefactors . they refused . whereupon all the tribes assembled . and first they aske counsel of the lord which of the tribes , shall goe up first against benjamin . he answers , iuda● . and though the cause was just , and god councelled them , yet they were expulsed with the losse of 22 thousand men . they consult god the second time ; and that with weeping before the lord untill even : the lord answers them , goe up , yet this time also they were beaten and lost 18 thousand men . strange ? well they inquire of the lord the third time , but in a better manner then before : for all the people of israel assemble to the house of god , weeping and fasting the whole day untill even , and offered burnt offerings , and peace offerings before the lord ; and then asking the lord , shall i yet againe goe to battaile against benjamin , or shall i cease . the lord answers them the third time , goe up , for to morrow i will deliver them into thy hand . whence it is to be noted , that till this third time , that they make their peace with god by burnt-offerings , and peace-offerings , god doth not give them an answere of peace , and prosperous successe . hence then , ô england ; take thy patterne of seeking god , and asking counsel of him . first , doe not first resolve with thy selfe to fight , and then goe aske of god , not , whether thou shalt fight , or no , but onely , who shall goe up first . for then thou mayst speed , as they did . secondly , thinke it not sufficient to powre forth teares of worldly sorrow for thy discomfiture , and therupon resolve to renew the battaile , for which also , though they had an answere of god for it , yet it was without any promise of good successe . but thirdly , a generall fast must be proclaimed over the land , and a solemne day must be kept in offering up the burnt offerings of an humble and contrite heart , and peace offerings of reconciliation with god through faith in christ , joyned with a thorow reformation of thy notorious sins and transgressions , wherewith the whole land is burthened and defiled . then , then ( i say ) and not before ( alwayes provided the cause of warre be known to be just , as that of the israelites was against the benjamites their brethren ) mayst thou with a good conscience and sure confidence in god make thy warre . but what sins are those , which thou must reforme ? in brief , thou must ( ô england ) call in those wicked and ungodly bookes , orders , edicts , declarations , whereby the doctrines of grace have been suppressed , the sanctification of the sabbath cryed down , ministers persecuted , and put out of their places , much innocent blood hath been shed , especially of those 3 banished close prisoners ; and to summe up all in one head-sinne , to cast out those , who are the maine instruments and movers of all these and other outrages in the land , to wit , the prelates , who ( as the limbs of antichrist , and so christs adversaries ) doe of late especially challenge their lordly jurisdiction from christ alone , * which notwithstanding he hath expresly forbidden as heathenish , and tyrennicall : and which his ‡ apostles branded for antichristian , and the mystery of iniquity . so as till these usurpers of christs throne , be cast out , with all their baggage and trumpery of their cermonies and will-worship , be sure , ô england , thou canst not look to prosper in any thy undertakings , be they never so just : for in maintaining thy prelates , thou maintainest open warre against christ , and his kingdome , and ( hadst thou eyes to see it ) against thine own kingdome too , and the peace and prosperity thereof . but it will be alledged that thy reverend prelats hate a publick fast , as being puritanicall , and consequently any such reformation , as aforesaid , as being all puritanicall : that their order is most christian , and consonant to civil government , and most agreeable with the monarchy ; and the like . and therefore , that thou art bound to defend them , yea though it be by making open warre against all those , that doe withstand their hiearchy . i● this be thy resolution , ô england , then know this for a certainty that thou canst not long stand : seeing thy so maintaining of that antichristian tyranny is to wage open warre against iesus christ , the onely king of his church . and therfore if this be the cause and end of thy warlike preparations , be sure thou shalt not prosper in why way how art thou so blind , as not to se , how thy prosperity must of necessity be thy ruine . for as christ saith , * a kingdome divided against it selfe cannot stand . and so if the iland which consists of two kingdomes under one king be divided against it selfe , and the one kingdome destroy the other , is it not as with the body when the right hand cuts off the left ? and shalt not thou , ô england , be hereby exposed to thy false friends , and deadly enemies without , who could not wish a better opportunity for the effecting of their long wished desire , then to see this goodly iland to imbrue her hands in her own bowels and blood ? and therefore , if thou hast any such designe ô england , who could , who would counsel and instigate thee unto it , but the spirit of iezebel of rome , possessing thy ●relotes , who as those ‡ false prophets , bid thee to goe up against ram●th gilead , and prosper . but it wil be pretended , they are rebells whom thou wilt warre against . wherein rebells ? for casting our christs enemies , those antichristian usurpers the prelates ? indeed thus thou didst deale with those 3 above said , as seditious persons , because they convinced the prelates of their usurped title of iurisdiction from christ , wherein they did not in the least point transgresse , or yet so much as trench upon any of thy laws , but defended them against the prelates . and if in so doing any shal be accounted of thee to be rebells , certainly they which doe it not , are neither good christians , nor good subjects . but if indeed thou wilt warre against any such , as rebells , let the case first be tryed in a faire and judiciall way , a better then which cannot be , then the present parliament . and because the prelates are parties , let them be excluded out of the court , till the matter be deci●ed . for no reason , that parties should sit as judges , as the prelates did in the censuring of those former three , though they excepted against them in open court . and if indeed by such a faire tryall any shal be found judicially to be rebells against their king , then make warre against them , and spare not , and i could wish to be the foremost in the fight . but if they onely stand to defend their ancient rights and liberties and those good laws of the land , which as the ligatures doe bind , unite , and fasten the head and body , the king and his subjects together : and which both prince and people are bound by mutuall covenant , and sacred oath to maintaine , let the parliament determine , whether that be rebellion , or no . which , till it be determined , let me crave thy patience , ô england , in a few words ; and hearken to the counsel , that i shall give thee in gods own name and words . and because the present parliament is the representative body of the whole state of the land , let me first addresse my speech to it , now assembled in both the houses . now where gods word saith , * by wise counsel thou shalt make thy warre : he immediately addeth , and in a multitude of councellers there is safety . and you , most noble senate , are a multitude of councellers , whose wisdome and councel is requisite at this time for the making of warre , or not , and much more , for the making of warre against your brethren , and in the very bowells of the land . which warre if it be for the prelates hierarchy , let me say , as he did , ‡ if baal be a god , let him plead for himselfe . for otherwise● the making of such a warre cannot be for safety : and therfore i hope a multitude of such counsellers will never give their consent , much lesse their counsel for such a warre . yea because as the wise heathen statesman and orator said , iniquissima pax justissimo bello anteponenda est : even an unequall peace is to be preferred before a just warre : how much more is a most just and christian peace to be preferred before a most unjust and antichrrstian warre ; such as is undertaken for the maintenance of the hierarhy , which is meerly antichristian . and miserable are those warriers , that fight for the beasts kingdome , and for the dragon against the lambe , iesus christ . and therefore to prevent this , hearken to christs words , blessed are the peace-makers : for they shal be called the children of god . and if any be charged of rebellion , if it be found so by you , let the civil sword of justice be drawn , and not the bloody sword of warre , by which the innocent may as soone suffer , as the nocent . and for the better making of way for peace : let the make-bates be removed , those ackans of israel , the troublers and incendiaries of all estates both civil and christian . and who are those but the prelates ? solomon saith , ‡ take away the wicked from before the king , and his throne shal ●e established in righteousnesse . this he compares there ( v. 4. ) to the drosse purged away from the silver ; which is not done , but by the fire . so this seperation of these wicked from the king cannot be , but by a strong and a holy zeale . and till this seperation be the kings throne cannot be established in righteousnesse . and as ( pro. 26. 20. ) where no wood is , there the fire goeth out : so where there is no tale-bearer , the strife ceasseth . and surely if these sycophants● and eare-wiggs were removed , we should neither heare of warre between prince and people , nor feare any invasion of forraign power . but the prelates ( will some say ) are by the laws of the land ●●thorised , and so incorporated into the body of the state : so as ●tis no easie matter to make this separation . 't is true indeed , that an old inbred malignant hun our , or incorporated wenne ( as iuniu● calls the popedome , and hierarchie ) is not easily removed from the body . but to you●comfort● most noble physitians ) the wenne hath of its own accord star●ed out of his place , so as it is but closing it up , that it returne not . for of late the prelates have by their very claim of holding their iurisdiction from christ , fallen off from , and disclaimed their dependance upon either kings prerogative , or law . and how severely have they in their courts of late censured those , that have withstood this their usurped title , as dr. bastwicke , mr. burton , mr. pryn. yea and but the other day , and within the very smell of the approaching parliament , was not a learned reader in the law in the temple , now a member of the parliament , inhibited and suspended from his reading , because he undertook to prove , that prelaticall iurisdiction was not iure divino , by divine authority ? so as now they having withdrawn themselves , and flown off from under the protection of royall prerogative , and law , and having no one evidence in scripture for this their title , which they are able to produce : they lye naked and exposed to this present parliament , quite to casheere and abandon them , and send them with all their pompe , pride , tyranny , and antichristian titles to rome , from whence , with the great antichrist , they had their first rise and originall . therfore in gods name cast them out , as notorious innovators , and enemies of all laws of god and man ; for as that * ● anomos , that lawlesse one , they wil be tyed to none , but tramble upon all . how have they trampled on the sanctification of the sabbath , and the morrality of the 4th commandement , polluting it with their foule pawes ? how have they dared the courts of civil justice , that no prohibitions can be obtained for the most innocent causes , to fetch them off the hooks of their high commission ? how have they trampled upon gods word , and all the doctrines of grace , utterly prohibiting them to be preached , without which doctrines there can be no true preaching ? how doe they trample upon all godly ministers and people , hunting them out of every hole , with their beagles , so as what a kind of convocation is now in beeing , and what can●ns they will make , if they be suffered judge you , especially when they have such a lawlesse pope over them , as now they have . out with them therfore , out of hand . but some will say , they are grown potent in court , and they have a strong faction and party , so as they are become a noli me tangere : and no sooner shall the parliament begin to meddle with them , but they will procure a hand to knock them off and breake up all . is it so ? will they do thus ? it is not unlikely , because they have been such expert practisioners in such kind of fea●es . for all the world shal be set in a flame and combustion , rather then one sparke shall cindge their coat . and if so , what then ? surely then , woe to thee , ô england , never look for parliament more , but prepare thy necke for the prelates iron yoake . woe to thee , ô scotland , i●●case thy prelates return by a forcible reentry , which shal be my earnest prayer , they may never doe . nay i hope , for all their power and pride , their kigdom is near at an end in this hand . for christ hath stirred up all the good peoples hearts against them , and their tyranny . and now , most noble senate , christ requires , your helping hand , and unanimous votes to cast them out . which to effect , first let a league be renewed between christ and this kingdome , by humiliation , by reformation , by purgation of the land from all romish altars , images , and other superstitions in churches , and from all manner of humane inventions and ceremonies whatsoever to bind the conscience of any man in the service and worship of our god . then secondly ( the prelates being casheered ) stand closse to the king , and let him know and feele the boundlesse affections of his people , in their free and liberall contributions , for the necessary maintenance of the state of the kingdome . for nothing can seperate prince and peoples affections , but prelates . but for conclusion abruptly , if their malice and power prevaile so farre , as to cause an untimely and unhappy beeaking up of this parliament , as formerly they have done , which hath been and is the onely cause of all the calamities of the land , which now is drawi●g on to utter ruine and confusion , if not at this time through gods mercy , by the meanes of this present parliament prevented : now or never take heart and courage unanimously to doe your utmost for the preserving both of your king and countrey . and therfore before you be dissolved , if you cannot attaine to the establishing of so many acts , yet at least let these particular protests● be left recorded for perpetuall memory , and a testimony to all the world , to angels and men , of your zeale for god , of your loyalty to your king , and of your love to your countrey . first , protest against the hierarchy , as an antichristian tyranny over the soules , bodies , and estates of all the kings subjects , and therefore ought to be rooted out , and not suffered in any christian church , or common weale . secondly , and consequently , protest against all altars , images , and such like popish idolatrous reliques , utterly unlawfull to be erected in any true christian church . thirdly , protest against all humane rites and ceremonies whatsoever imposed upon mens consciences in the worship of god , as being all of them antichristian , bringing into bondage mens soules , which christ hath redeemed with his precious blood , who is the onely lord of the conscience , and the onely law-giver to his church for all matters of faith , and of the worship of god . fourthly , protest against all such generall taxes layd upon the subjects , as whereby both their ancient liberties , and the fundamentall laws of the kingdome are overthrowne , and so vindicate the honour both of the king , and of this noble kingdome , that it may not be recorded to posterity for a state of tyranny and slavery . fiftly , and consequently , protest against all those wicked iudges , which have in such wise declared their opinions for intollerable taxes expresly contrary to the laws and liberties of the kingdome , as thereby they have given occasion for the betraying of all , and the bringing of the whole land under perpetuall slavery . sixtly , protest against that prelaticall declaration set forth in the kings name before the 39 articles , wherein those articles of the dostrines of grace , are made voyd , and so all preaching of them suppressed . seventhly , protest against that booke for sports on the lords dayes , as whereby both the fourth commandement , and the fifth are most desperately overthrown : as also against all those bookes that have been set forth for the maintaining of such profanation , as whereby god is greatly dishonoured , and his wrath provoked even to the spewing out of such a nation out of his mouth . eightly , protest against all that prelaticall tyranny in oppressing the preaching of gods word on the lords dayes in the after-noone , and other dayes in the week , and their antichristian persecuting and putting out of all godly and painfull ministers , such as will not conform to their lawlesse ordinances . ninthly , protest against that most terrible and odious shedding of the innocont blood of those 3 forementioned , now perpetuall exiles and closse prisoners , even their very wives most lawlesly detained from them , with a●● their other severe punishments , one of them being a minister , who in discharge of his duty first preached in his own church , and then published his sermons in print against the prelates notorious practises and popish innovations , for which he underwent punishments so great , so many , as no age● no christian state can parallell ; so as their blood doth incessantly cry against this whole land , as guilty thereof ( though shed onely by the prelates instigation as aforesaid ) untill it be purged . tenthly , protest against that accursed booke , relation of a conference , &c. published in print , and dedicated to the king , by the now prelate of canterbury , wherein he belyes , and so blasphemes god , christ , the holy ghost , the holy scriptures , the church of england , in saying it is one and the same with that of rome , of the same faith and religion with that whore of babylon , and many such like impious assertions , the whole booke professedly tending to reconcile england and rome , and so to bring the whole land backe againe to popery . eleventhly , if this great and warlike preparation be by the prelates diabolicall instigation ( as by no other it can be , except by the pope and his iesuiter , and his nuncio's negotiation have also a hand in it ) to goe against the scots , and if the cause shal be found to be no other , but that they have abandoned , and remaunded to rome all their prelates , as the grand enemies of christ , and his kingdome , and of the peaceable and prosperous estate of the realme , and consequently of the kings crown and dignity ; and that they stand for the maintenance of their just laws and liberties , the continuance whereof is the kings honour , and the establishment of his throne : if ( i say ) no other cause can justly be alledged , and yet they shal be invaded , as rebells : protest against all ayd and assistance of such an invasion , as being against the law of god , of nature , and of nations , and as being a warre directly against jesus christ , in the maintenance of antichrist , and his antichristian hierarchy ; and so such , as must needs recoyle , and that in divine fury upon england it selfe , which having burned her neighbours house , exposeth her owne to the flames . yea for england to invade scotland for no other cause in truth , then before mentioned , namely , for their maintaining of the true faith and religion of christ , and their just lawes and liberties , which all true christians , and civil states ought to lay down their very lives for ; ( as the light of nature taught the very heathen , pugnare pro aris ac focis ; and that grecian could say , a'iresomai teleutan mallon , ' è a'neleutheros sun : i choose rather to dye , a free-man , then to live a slave . and the monarchicall estate , governed by good laws , was ever preferred , and opposed to tyranny ) were to renounce and give up her own ancient liberties , and to betray , and persecute , and destroy the true faith and religion of christ , and so set up and professe the infidelity and idolatry of antichrist , and so with him and his cursed crue , to goe into perdition . the primitive christians under julian the apostata , served him in the warres against his enemies : but when he commanded them to goe against christians , who refused to worship , or offer incense to his idols , they cast down their weapons , acknowledging the emperour of heaven . and when saul * commanded his servants to fall upon the lords priests , none of them would doe it . and i read of a secretary to an empresse , who being commanded by her to draw an edict againg the christians , he still found delayes : but at length she growing instant upon him for it , so as he could no longer delay it , he tooke off his military girdle ( the ensigne of his service ) and cast it at her feet , and so discharged himselfe from her court . thus , if you make , and leave these christian , zealous , and just protestations among the recods of parliament , in case it shal be by the malice and inchantments of the prelates unhappily dissolved , before you can produce them into a full act , and establish them for a law : though otherwise ye cannot effect a reall reformation of all the mischiefes and maladies , which the prelates in speciall have filled the land withall : yet forasmuch as you have thus publickly , both for your own persons , and as the body representative of the whole state of the land , solemnly protested against all these things : there is no question to be made , but that god in his mercy and favour will accept of your will for the deed it selfe , and will still preserve both you and your posterity , and the whole land from destruction , and will find out some other way for the rooting out of the hierarchy ; according to those prophesies in the revelation , the full filling of which cannot be farre off . now the lord iesus christ guide and govern the kings heart to the love of god , and of his truth , and let him clearely see how miseraby he hath been abused by those notorious hypocrites , his flattering and sycophantising prelates , and so take off and divide his noble heart from them , that being reconciled to god in reforming the manifold and horrible abuses , which the prelates , to the dishonour of god , and of the king , have been the authors and instruments of , and being united to his loving and loyall people , as the head to the body , in this body representative , the parliament : he may long raigne over this land , and all his other kingdomes in much peace and prosperity . and the same lord iesus christ so unite the hearts of this parliament unto god , and to the king , and among themselves , and so guide them by the wisdome of his spirit and grace , that they may sit , and consult , and conclude such righteous acts and decrees , as may be for the honour of god , and of the king , for the advancement of christs kingdome , and the establishment of the kings throne upon the pillars of good government with justice and mercy● in punishing the wicked , and relieving the afflicted and oppressed innocents , as david in that psalme penned for his sonne salomon , a type of christ , prayed saying , * give the king thy judgemens , ô god , and thy righteousnesse unto the kings son . he shall judge thy people with righteousnesse , and thy poore with judgement . he shall judge the poore of the people , he shall have the children of the needy , and shall breake in pieces the oppressors . even as the heathen also said of the duty of kings , which was , parcere subjectis , et debellare superbos : to spare his subjects , and the proud beat down . and as they said of iulius caesar , caesar dando subl●vando , ignoscend● , gloriam adeptus est : caesar by giving , relieving , and pardoning , got himselfe a glorious name . and lastly , the same lord iesus christ , power his spirit of grace and supplication upon all the people of the land , that being sensible both of their own sins , and of the nationall sins of the land , as also of the heavy yoake of anticrhist , and the burthens of egypt , wherewith those taskemasters , the prelates , have pressed them down , and broken their backs , and made their lives bitter unto them , they may truly repent and reforme their lives , and cry alowd to the lord , as his people in egypt did against their taskmasters , and pray incessantly for the good successe of this parliament , that it may be as a moses sent of god in the ‡ doubling of their bricks , to deliver them , from the spirituall egyptian bondage of the prelates : and dayly to pray for the king their soveraigne , and for his happy and truly religious raigne over them , that they may lead a quiet and peaceable life in all godlinesse and honesty . amen even so come lord iesus and helpe thy poore england , and thy poore people therein . amen . finis . notes, typically marginal, from the original text notes for div a10190e-350 * 2 thes. 2. 4. histor. concilii trident. ‡ conference pag. 176 , 177. confe . pag. 200. confer. pag. * confer pag. 183. notes for div a10190e-2190 * mark 9. 32. luke 9. 45. * mark . 9. 33 , 34. * luk. 19. 16 , 17 , 18 , 19. math. 25. 16 , 17 , 18 , &c. ‡ psal. 16. 11. ‡ luk. 6. 24 , 25 , 26. * luk. 46 , 7. § phil. 3. 18 , 19. † lam . 3. 15. * confer. pag. 176. * 2 cor. 11. 13. ‡ 2 thess. 2. 3. * rev. 13. 14. ‡ ver. 12. * 1 pet. 5. ‡ 2 cor. 1. 24. ‡ dan. 6. 7. § dan. 3. * euergétal , horat. ‡ mat. 23. 8. 9 , 10. ‡ bernard . de consider. ad eugen. 4. lib. 4. c. 2. phil. 2. 6 , 7 , 8 , 9 , 10 , 1. * ver. 5. notes for div a10190e-7430 * sect. 16. ‡ confer. pag. ●57 . * pag. 157. ‡ pag. 220. 226. ‡ pag. 200. ● tim. 3● 2. tit. 1 , 7. * pag. 210 , 21. * lbid. . ‡ gal. 4. 29. * confe . epist. dedicatory , & pag. 376. * ioh. 19. ● notes for div a10190e-11540 * pag 15. * heb. 12. 15. ‡ mat. 15. 13. ‡ rom. ●●● . § 2 thess. 2. † 1 iohn 2. * ovid . meta. ‡ dan. 2. * m●t. 15. 9. * 1 cor. 5. 3 , 4 , 5. notes for div a10190e-14400 * confer , pag. 175 , 176. ‡ pag. 183. ‡ heb. 5. 4 , 5. § confer. pag. 177. † pag. 198 , 199. * ler. 23. 30 , 31 , 32. ‡ 1 pet. 5. ‡ hist. concil. t●id . * confer. pag. 370. ‡ revel. 17. 15. vid espencaeum in tim. ‡ gen. 10. 8 , 9. * hist. concil. trid. notes for div a10190e-17100 * eph. 4. 11. * 1 tim. 3. 1. ‡ 1. pet. 5. 2. ‡ vides omnem ecclesiasticum zelum fervere , sola pro dignitate tuenda . ber. 1 tim. 3. ● . ‡ confer. pag. 176. ‡ 1 pet. 1 , 2 , 3 , 4. * chap. 2. ‡ confer pag. 298. * confer. pag. 204. ‡ socrat. hist. eccle. lib. 1. c , 2. * ● pet. 5. 1. ‡ ● luk. 16. * luk 21. 12. mat. 24. 9. * iob. 16. 2. ‡ heb. 10. 27. ‡ 2 tim. 4. 8. notes for div a10190e-23400 * 1 cor. 9. 1. ‡ iohn 16. 13. ‡ act. 8. 26. & 16. 6. § mat. 28. 19. 20. † act. 13. 2● ‡ phil. 2. 25. * revel. 1. 20. ‡ an. 26. 1● . col. 1. 23. * mat. 28. 20. objection . answer . ‡ gal 3. 2. act. 10. 44. § gal. 4. 19● * aristot. d● ortu . & in teritu . lib. 2. * rom. 8. 14● ‡ ioh. 15. 7. § iob. 16. 13. † ioh , 14. 26. * isa. 8. 20. * cap. 3. ‡ see the prelates relation . sect. 16. throughout . § esa. 8. 20. ‡ ioh. 6. 53. ‡ 1 cor. 11. 23 * relation of the conf. p. 136. ‡ as in dr. coosins booke of private devotions , or canonicall , houres . * esa. 56. 10 , 11 , 12. ‡ act. 8. * verse 16 , 17. ‡ verse 8. ‡ v. 18. § v. 19. † v. 20. ‡ v. 14. * v. 22. * v. 8. ‡ v. 18. § v. 10. † v. 21. ‡ v. 2● . * con. pag. 261. ‡ confer pag 226. 227. § epist. dedi● pag. 19. 20. * 1 cor. 2. 9. 10. ‡ rev. 13. 8. 2 thes. 2. 10. § mat. 24. 5. * math● * hist. concil. trid. lib. 1. ‡ in platina , of the lives of the popes . § mat. 19. 24. * psal. 82. * see the apologie . his epistle to the iudges . his sermons . ‡ gen. 3. 15. * tit. 1. 9. * pag. 378. ‡ pag. 31. * pag. 80. & 194. ‡ lighius . hosius . de expresso dei verbo . ‡ 1 cor. 3. 10. 17. & 6. 19. 2 cor. 6. 16. * mat. 24. 5. mark 13. 6. luk. 21. 8. * tit. 2. 16. ‡ psal. 45. notes for div a10190e-38120 * 2 tim. 4. 5. ‡ hist. concil. * epist. dedi . pag. 20. 2 cor. 11. 13. 14. gal. 1. * gen. 11. ‡ ephes. ● . 15 , 16. socrat. hist. eccl. lib. 1. c. 35. confer pa. 176. * euseb. hist. eccl. lib. 2. c. 15 ‡ ibid , c. 14. ‡ ibid , c. 14. notes for div a10190e-43200 * psal. 81. 1● . 12. ‡ psal. 5. 10. ‡ psal. 2. 1 , 2 , 3 , 4. * ● psal. 33. 10 , 11. ‡ v. 16 , 17. ‡ pro. 20. 5. * mat. 20. 25. mark . 10. 42. luk. 22. 25. ‡ 2 thess. 2. 4. 7. & 3 loh . 9 , 10. * mat. 12. 25. ‡ 1 king. 22. * pro. 24. 6. ‡ iudg. 6. 31. ‡ iudg. 6. 31. * 2 thess. 2● * 1 sam. 22. * psal. 72. ‡ cum duplicantur lateres , tunc venit moses . 〈◊〉 2● 2. the privileges of parliament which the members, army, and this kingdom have taken the protestation and covenant to maintain reprinted for consideration and confirmation on the 5th of january 1659, the day appointed to remember them. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56193 of text r26909 in the english short title catalog (wing p4040). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 25 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56193 wing p4040 estc r26909 09574724 ocm 09574724 43702 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56193) transcribed from: (early english books online ; image set 43702) images scanned from microfilm: (early english books, 1641-1700 ; 1338:14) the privileges of parliament which the members, army, and this kingdom have taken the protestation and covenant to maintain reprinted for consideration and confirmation on the 5th of january 1659, the day appointed to remember them. prynne, william, 1600-1669. 8 p. s.n., [london : 1660?] caption title. attributed to william prynne--nuc pre-1956 imprints. reproduction of original in the bodleian library. eng great britain -history -charles i, 1625-1649. great britain -politics and government -1625-1649. a56193 r26909 (wing p4040). civilwar no the privileges of parliament which the members, army, and this kingdom have taken the protestation and covenant to maintain. reprinted for c prynne, william 1660 4443 36 0 0 0 0 0 81 d the rate of 81 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2002-04 tcp assigned for keying and markup 2002-05 spi global keyed and coded from proquest page images 2002-06 judith siefring sampled and proofread 2002-06 judith siefring text and markup reviewed and edited 2002-07 pfs batch review (qc) and xml conversion the privileges of parliament which the members , army , and this kingdom have taken the protestation and covenant to maintain . reprinted for consideration and confirmation on the 5th . of january , 1659. the day appointed to remember them . die lunae 3 ianuar. 1641. it is this day ordered upon the question by the commons house of parliament , that if any persons whatsoever shall come to the lodgings of any member of the house , and there do offer to seal the trunks , doors , or papers of any members of this house , or seise upon their persons ; that then such members shall require the aid of the constable to keep such persons in safe custody , till this house do give further order ; and this house doth further declare , that if any person whatsoever shall offer to arrest or detain the person of any member of this house , without first acquainting this house therewith , and receiving further order from this house , that it is lawfull for such member , or any person to assist him , and to stand upon his and their guards of defence and to make resistance according to the protestation taken to defend the privileges of parliament . h. elsynge , cler. parl. d. com. die mercurii 5. ian. 1641. commons house of parliament . whereas his majestie in his royal person yesterday being the 4th of ianuary 1641. did come to the house of commons attended with a great multitude of men armed in a warlike manner with halberts , swords and pistols , who came up to the very doore of the house , and placed themselves there , and in other places and passages near to the house , to the great ter●or and disturbance of the members thereof then sitting , and according to their duty in a peaceable and orderly manner , treating of the great affairs of both kingdoms of england and ireland ; and his majesty having placed himself in the speakers chair , did demand the persons of divers members of the house to be delivered unto him ; it is this day declared by the house of commons , * that the same is a high breach of the rights and privileges of parliament , and inconsistent with the liberty & freedom thereof : and therefore this house doth conceive , they cannot with the safety of their own persons , or the indemnity of the rights and privileges of parliament , sit here any longer , without a full vindication of so high a breach , and a sufficient guard wherein they may confide ; for which both houses joyntly , and this house by it self , have been humble suters to his majesty , and cannot as yet obtain : notwithstanding which thi● house being very sensible of the great trust reposed in them , and especially at this time of the manifold distraction● of this kingdom , and the lamented and distressed kingdom of ireland , doth order , that this house shall be adjourned untill tuesday next , at one of the clock in the afternoon ; and that a committee be named by this house , and all that will come shall have voyce● , shall sit at the * guild-hall in the city of london , to morrow morning at 9. of the clock , and shall have power to consider and reason of all things that may concern the good and safety of the city and kingdom , and particularly how our privileges may be vindicated , and our persons secured ? and to consider of the affairs and relief of ireland , and shall have power to consult and advice with any person or persons touching the premises● and shall have power to send for parties , witnesses , papers and records , &c. mr. chancellor of the exchequer , mr. glynn , mr. whitlock , lord faulkland , sir phil. stapleton , mr. nath. fines , sir ralph hopton , sir iohn ho●ham , sir walter earl , sir robert cook , sir thomas walsingham , sir samuel roll , mr. perpoint , mr. walt. long , sir richard cave , sir ed. hungerford , mr. grimstone , sir christ . wray , sir ben . r●dyard , sir iohn h●ppisley , sir h●rbert price , sir iohn wray , sir tho. barrington , mr. wheeler , sir william l●tton . this is the * committee appointed by the former order , and are to pursue the directions of the former order , and all that will come are to have voyces at this committee . a declaration of the house of common , touching a late breach of their privilege , and for the vindication thereof , and of divers members of the said house . vvhereas the chambers , studies and trunks of mr. denzill hollis , sir arthur has●rigge , mr. iohn pym , mr. iohn hampden , and mr. will. strode esq members of the house of commons , upon monday the third of this instant ianuary , by colour of his majesties warrant , have been sealed up by sir william killigrew , and sir william flemen , and others , which is not only against the privilege of parliament , but the common liberty of every subject ; which said members afterwards the same day were under the same colour by serjeant frances , one of his majesties serjeants at arms , contrary to all former presidents , demanded of the speaker sitting in the house of commons , to be delivered unto him , that he might arrest them of high treason : and whereas afterwards the next day his majesty in his royal person came into the said house , attended with a great multitude of men armed in warlike manner with halberts , swords and pistols , who came up to the very door of the house and placed themselves there , and in other places and passages near to the said house , to the great terror and disturbance of the members then sitting , and according to their duty in a peaceable and orderly manner treating of the great affairs of england and ireland ; and his majesty having placed himself in the speakers chair , demanded of them the persons of the said members to be delivered unto him , which is a high breach of the rights and privileges of parliament , and inconsistent with the liberties and freedom thereof ; and whereas afterwards his majesty did issue forth several warrants to divers officers under his own hand for the apprehension of the persons of the said members which by law he cannot do , there being not all this time any legal charge or accusation , or due process of law issued against them , nor any pretence of charge made known to that house : all which are against the fundamental liberties of the subject , and the right of parliament ; whereupon we are necessitated according to our duty to declare , and we do hereby declare , that if any person shall arrest mr. hollis , sir arthur haslerigge , mr. pym , mr. hampden , and mr. strode , or any of them , or any other member of parliament , by pretence or colour of any warrant issuing out from the king only , is guilty of the breach of the liberties of the subject , and of the privilege of parliament , and a publick enemy to the commonwealth . and that the arresting of the said members , or any of them , or any other member of parliament by any warrant whatsoever without a legal proceeding against them , and without consent of that house whereof such person is a member , is against the liberty of the subject , and a breach of privilege of parliament ; and the person which shall arrest any of these persons , or any other member of the pa●liament is declared a publique enemie of the common-wealth . notwithstanding all which we think fit further to declare , that we are so far from any endeavours to protect any of ou● members that shall be in due manner prosecuted according to the laws of the kingdom , and the rights and privileges of the parliament , for treason or any other misdemeanours , that none shall be more readie and willing than we our selves , to bring them to a speedie and due trial ; being sensible that it equallie imports us as well to see justice done against them that are criminous , as to defend the just rights and liberties of the subject and parliament of england . and whereas upon several examinations taken this 7th . day of this instant ianuary , before the committee appointed by the house of commons to sit in london , it did fully appear , that many souldiers , papists and others , to the number of above five hundred , came with his majestie on tuesday last to the said house of commons , armed with swo●ds , pistols and other weapons ; and divers of them pressed to the said door of the house , thrust away the door-keepers , and placed themselves between the said door , and the ordinary attendants of his majesty , holding up their swords , and some holding up their pistols ready cock'd near the said door , and saying , i am a good marks-man , i can hit right i warrant you ; and they not suffering the said door according to the custom of parliament to be shut , but said , they would have the door open ; and if any opposition were against them they made to question but they should make their party good , and that they would maintain their partie ; and when several of the house of commons were comming into the house , their attendants defi●ing that room might be made for them ; some of the said souldiers answered , a pox of god confound them , and others said , a pox take the house of commons . let them come and be hanged , what adoe is here with the house of commons ; and some of the said souldiers did likewise violently assault , and by force disarm some of the attendants and servants of the members of the house of commons waiting in the room next the said house : and upon the kings return out of the said house , many of them by wicked oaths and otherwise , expressed much discontent , that some members of the said house , for whom they came , were not there : and others of them said , when comes the word ? and no word being given at his majesties coming out , they cried , a lane , a lane : afterwards some of them being demanded , what they thought the said company intended to have done ? answered , that questionlesse in the posture they were set , if the word had been given , they should have fallen upon the house of commons and have cut all their throats : upon all which we are of opinion , that it is sufficiently proved , that the coming of the said souldiers , papists and others with his majesty to the house of commons on tuesday last being the fourth of this instant january , in the manner aforesaid , was to take away some of the members of the said house : and if they should have found opposition or denial , then to have faln upon the said house , in a hostile manner , and we do hereby declare , that the same was a * treacherous design against the king and parliament ; and whereas the said mr. hollis , sr. arthur haslerigg , mr. pym , mr. hampden and mr. strode , upon report of the comming of the said souldiers , papists and others , in the warlike and hostile manner aforesaid , did with the approbation of the house , absent themselves from the service of the house , for avoiding the great and many inconveniences , which otherwise apparently might have hapned ; since which time a paper printed in the form of a proclamation bearing date the 6th . day of this instant ianuary , hath issued out for the apprehending and imprisoning of them , therein suggesting , that through the conscience of their own guilt , they were absent and fled , not willing to submit themselves to justice ; we do further declare , that the said printed paper , is false , scandalous and illegal , and that notwithstanding the said printed paper , or any warrant issued out , or any other matter yet appearing against them , or any of them , they may and ought to attend the service of the said house of commons , and the several committees now on foot . and that it is lawfull for all persons whatsoever to lodge , harbor or converse with them , or any of them ; and whosoever shall be questioned for the same , shall be under the protection and privileges of parliament ; and we do further declare , that the publishing of several articles , purporting a form of a charge of high treason , against the lord kimbolton , one of the members of the lords house ; and against the said mr. hollis , sr. arthur haslerigg , mr. pym , mr. hampden , and mr. strode , by sr. william killigrew , sr. william flemen , and others in the innes of court , and elsewhere in the kings name , was a high breach of the privilege of parliament , a great scandal to his majesty and his government , a seditious act manifestly tending to the subversion of the peace of the kingdom , and an injurie and dishonour to the said members , there being no legal charge or accusation against them : that the privileges of parliament , and the liberties of the subject , so violated and broken , cannot be fully and ●ufficiently vindicated , unlesse his majestie will be graciously pleased to discover the names of those persons , who advised his majestie to issue out warrants , for the sealing of the chambers and studies of the said members , to send a serjant at arms to the house of commons , to demand their said members , to issue out warrants under h●s majesties own hand , to apprehend the said members ; his majesties coming thither in his own royal person ; the publishing of the said articles , and printed paper , in the form of a proclamation against the said members , in ●uch manner as is before declared ; to the end that such persons may receive condign punishment . and thi● house doth further declare , that all such persons as have given any counsel , or endeavoured to set or maintain division or dislike , between the king and parliament , or have listed their names , or otherwise entred into any combination or agreement , to be aiding or assisting to any such counsel or endeavour , or have perswaded any other so to do ; or that shall do any the things above mentioned , and shall not forthwith discover the same , to either house of parliament , or the speaker of either the said houses respectively , and disclaim it , are declared publick enemies of the state and peace of this kingdom , and shall be enquired of , and proceeded against accordingly . die lunae 17th . ianuarii 1641. it is this day o●dered by the commons assembled in parliament , that this declaration shall be forthwith published in print . hen. elsing , cler. parl do. com. the kings message to both houses ianuarii 12. 1641. his majestie taking notice that some conceive it disputable , whether his proceedings against my lord kimbolton , mr. hollis , sr. arthur haslerigg , mr. pym , mr. hampden and mr. strode , be legal and agreeable to the privileges of parliament , and being very desirous to give satisfaction to all men in all matters that may seem to have relation to privilege ; is pleased to wave his former proceedings , and all doubts , by this means being setled , when the minds of men are composed , his majesty will proceed thereupon in an unquestionable way , and assures his parliament , that , upon all occasions we will be as carefull of their privileges , as of his life or of his crown . to the kings most excellent majesty , the humble petition of the inhabitants of the county of buckingham shire sheweth , that your petitioners having by virtue of your highnesse writ , chosen iohn hampden , knight for our shire , in whose loyalty we his country-men and neighbours , have ever had good ca●se to confi●e : however of late to our no lesse amazement than grief , we find him with other members of parliament now accused of treason : & having taken into our serious consideration , the manner of their impeachment , we cannot but ( under your majesties favour ) conceive , that it doth so oppugn the rights of parliament , to the maintainance whereof our protestation binds us ; that we believe it is the malice , which their zeal to your majesties service , and the state , hath contracted in the enemies to your majestie , the church and common-wealth , hath occasioned this foul accusation , rather than any deserts of theirs , who do likewise through their sides , wound the judgement and care of us your petitioners , and others , by whose choice they were presented to the house . your petitioners therefore most humbly pray , mr. hampden and the rest that lie under the burdain of that accusation , may enjoy the just privileges of parliament : and your petitioners shall ever pray , &c. windsor , 13. ianuary 1641. his majestie being graciously pleased to let all his subjects understand his care , not knowingly to violate in the least degree , any of the privileges of parliament , hath therefore lately by a message sent by the lord keeper , signified , that he is pleased because of the doubt that hath been raised of the manner , to wave his former proceedings against mr. hampden and the rest mentioned in this petition , concerning whom his majestie intends to proceed in an unquestionable way and then his majesty saith it will appear , that he had sufficient grounds to question them , as he might not in justice to the kingdom , and honour to himself , ●ave forborn : and yet his majesty had much rather , that the said persons should prove innocent than be found guilty : however he cannot conceive that their crimes can in any sort reflect upon these his good subjects , who elected them to serve in parliament . his majesties profession and addition to his last message to the parliament , jan. 4. 1641. his majesty being no lesse tender of the privileges of parliament , and thinking himself no lesse concerned , that they be not broken , and that they be asserted and vindicated whensoever they are so , than the parliament it self ; hath thought fit to adde to his last message this profession , that in all his proceedings against the lord kymbolton , mr. hollis , sir arthur haslerigge , mr. pym , mr. hampden , and mr. strode , he had never the least intention of violating the least privilege of parliament ; and in case any doubt of breach of privileges remain , will be willing to clear that , and assert these by any reasonable way that his parliament shall advise him to ; upon confidence of which , he no waies doubts his parliament will forthwith lay by all jealousies , and apply themselves to the publique and p●essing affairs , and especially to those of ireland , wherein the good of the kingdom , and the true religion ( which shall ever be his majesties first care ) are so highly and so nearly concerned . and his majesty assures himself , that his care of their privileges will increase the tendernesse of his lawfull prerogative , which are so necessarie to the mutual defence of each other , and both which will be the foundation of a perpetual intelligence between his majesty and parliaments , and of the happiness and prosperity of his people . the like petition in substance , was made by the city of london to his majesty , and the like answer , touching the impeached members , and this breach of privilege . nevertheless i have somewhat against thee , because thou hast forsaken thy first love . remember therefore from whence thou art faln , and repent , and do the first works , or else i will come unto thee quickly , and will remove thy candlestick out of his place , except thou repent . rev. 2.4 , 5. every city 〈◊〉 house divided against it self shall not stand . mat. 12.25 . finis . notes, typically marginal, from the original text notes for div a56193e-30 exact collection , p. 35. the house of commons were so far from countenancing or allowing force upon their members in 1641. when the parliament was full and free , that they made orders for prevention of force when but suspected , and privileged their members very lodgings & goods , as well as persons , and judged all persons bound by the protestation to assist in their defence , and to stand upon their guard and make resistance . exact collection , p. 36 , 37. it was then accounted unsutable to the fit●ing or freedom of parliament , to have armed men at the house of commons door , or in the passages neer to the house . * if to demand the persons of five members of the house after impeachment , is a high breach of the rights and privileges of parliament , & inconsistent with the liberty & freedom thereof , so that the house did conceive thereupon that they could not with safety of their persons or indemnity of ●h● rights and privileges of parliaments 〈◊〉 any l●ng●r , with out a full vindication and a guard wherein they might confide : what is it to imprison & seclude above 200. members at once , without accusation or ground of impeachment ? * a good president for the members of the house of commons to sit in london for vindication o● their privileges and security of their persons , when westminster is unsafe or under force . if mr. whitlock be the only member suffered to sit that was of this committee , no wonder the privil●ges of parliament formerly so zealously vindicated , are now so much broken and neglected . * 8. of them secluded and ●●cu●●d members now 〈◊〉 . exact collection p. 38 , 39 , 40. armed gards at the house door , inconsistent with the freedom and privilege of members . by law the king himself could not give warrant to apprehend members of the house . then mr. hollis as a member was as free from arrest as sir arthur he●ilrig , but now sir arthur hath the privilege alone , and mr. hollis , and the secluded members are subject to arrest at pleasure . to arrest any member by whatsoever warrant without a legal proceeding , is against the liberty of the subject , and they that arrest any such are declared publick enemies of the common wealth . it s eleven years that above two hundred members have been secluded , by their fellow members , & yet not one of thē so much as accused or brought to tryal● : let but one week be allowed for a legal accusation and tryal of the 43. members that sit , & if they be not all found guilty by the weeks end , let them be privi●eged to sit as long as they live . * was not the fo●ce dec. 6.7 . 1648. and may 7 , 9. and dec. 27. 1659. the like ? then the house of commons would not suffer papers to be printed against 5 impeached members now false , scandalous and illegal papers are countenanced against the major part of the house . then it was adjudged a high breach of privilege , and a seditious act , tending to the subversion of the peace of the kingdom , and an injury and dishonor to the members , to publish articles in form of a charge against them , since it hath been usual without controll in that kind to asperse them in their very licensed diurnals , especially by that insolent , malignant , lying mercinarie writer for all parties , mar. needham . such breakers of privileges of parliament are declared publick enemies of the state and peace of the kingdom , and are to be proceeded against accordingly . exact collection p. 40 , &c. the late king very desirous to give satisfaction to all men in point of privilege , but the rump not o● exact collection p. 50. the petition of the countie of buckingham in behalf of mr. hambden , good president for the several counties , cities . and places . all or any of whose knights , members , are illegally secluded for their faithfulness to their country . the late king by many degrees more tender of the privileges of parliament , than those who have us●●ped his regal power . the late king offers to assert and vindicate the privileges of parliament in any reasonable way the parliament should desire . exact collection , p. 45 , 46. canterburies tooles, or, instruments wherewith he hath effected many rare feats, and egregarious exploits ... prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56145 of text r21227 in the english short title catalog (wing p3918). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 11 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56145 wing p3918 estc r21227 12360268 ocm 12360268 60206 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56145) transcribed from: (early english books online ; image set 60206) images scanned from microfilm: (early english books, 1641-1700 ; 222:16) canterburies tooles, or, instruments wherewith he hath effected many rare feats, and egregarious exploits ... prynne, william, 1600-1669. [2], 6 p. s.n.], [london : 1641. an attack on archbishop laud. illustrated t.p. attributed to william prynne. cf. wing. place of publication from wing. reproduction of original in harvard university libraries. eng laud, william, 1573-1645. a56145 r21227 (wing p3918). civilwar no canterburies tooles: or, instruments wherewith he hath effected many rare feats, and egregious exploits, as is very well known, and notoriou prynne, william 1641 1928 2 0 0 0 0 0 10 c the rate of 10 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2002-03 tcp assigned for keying and markup 2002-03 spi global keyed and coded from proquest page images 2002-04 tcp staff (michigan) sampled and proofread 2002-04 john latta text and markup reviewed and edited 2002-05 pfs batch review (qc) and xml conversion canterburies tooles : or , instruments wherewith he hath effected many rare feats , and egregious exploits , as is very well known , and notoriously manifest to all men . discovering his projects and policies , and the ends and purposes of the prelates in effecting their facinorous actions and enterprises . ezekiel 34. 6 , 10. my sheep wandered thor●w all the mountains , and upon every high hill : yea my flock was scattered upon all the face of the earth , & none did search or seek after them . therefore thus saith the lord god , behold , i am against the shepherds , and i will require my flock at their hand , and cause them to cease from feeding the flock , neither shall the shepherds feed themselves any more : for i will deliver my flocke from their mouth , that they may not be meat for them . printed in the yeere , when prelates fall is neere . 1641. canterburies tooles : or , instruments wherewith he hath effected many rare feats and egregious exploits as is very well known and notoriously manifested to all men . inprimis , the popes old decrees and decretalls which are very usefull for civilians and canonists , who study the popes old canon law , and thereby get great wealth , and likewise they are of singular use for prelates to teach them church government after the fashion of rome and church policy , after the popes own most holy manner , how to frame church-wardens articles to bring in great store of presentments and money to uphold the pompe and state of the prelates officers and followers . 2. the old booke of canons which for their antiquity are now something stale , yet they have been of singular use for chancellors , registers , proctors , pa●a●ors , promoters and such like , and the only thing whereby they have got their livings by citing , presenting , informing , suspending excommunicating and molesting many of the best ministers and people , untill their purses come off handsomly , which is the finall cause of making this book of canons , which lucky book hath been gainfull to prelatists as ever purgatory was to the popes kitchin . 3. the new book of canons which for want of wit and skill in the makers ( who were some of them no better then doults ) were made cleane kam contrary to expectation , and something too boisterous and violent , so that at the first shooting off they recoiled upon the authors and knockt down their makers , and being neither made of bell mettall nor parliament proofe they burst in the discharging being over charged with altarwise pouder amunition shot and leaden et cetrae whereby their mettall is marred so that it is held but vain for the convocation to mould or cast them anew : yet they are worth their weight of browne paper at any time for grocers , chandlers , tobacco-shops , and physitians ; for such patients as have laxes and trotting agues going often to thee stool ; if they have but a new canon in their hand they may come off more cleanly then the convocation did who marred them in the making : 4. the new canon oath , or oath for prelacy , which oath was intended for many singular uses as the sinfull sinod knew very well ; as , 1. to sweare up the bishops though the divell himself cannot do it . 2. to sweare down all the honest ministers in england who for refusing this periurious oath should presently be deprived of their livings though their wives and children were beggerd , so that there might be great store of church livings void whereby his little grace & the rest of the reverend fathers might have choice for their chaplains and preferre their mad kindred crackt chambermaids light kinsewomen and younger brother ( as oxford petitioned ) & might put in such idoll shepherds dumb doggs and baal priests as should be sworn slaves to the prelates and they to forswear and periure all the fatbelly prelatists who should take this oath and must swear to take it willingly ( though no man in the world would not rather be free then bound ) so that they being become odious to god and good men might stick faster to the bishops on whom they depend both for bodies soules and estates , but this oath being now cashiered by some criticall fellows of the temple who have proved wiser then the sinod it will hardly be valied as it might have beene . 5. a numberles number of many hundred thousand weight and an infinite multitude of yards and ells of length and breadth and many millions of fathoms deep of an et cetra , a most precious thing in the canon oath a thing of so great weight , worth , length , breadth deepnesse , thicknesse and bulke , that it is beyond all extensions dimensions so that the goodly wise fathers of the late more than holy sinod ( though they put it in with both hands ) yet all those monstrous wise and hugely tearned men themselves never knew either the quantity , quality , value , worth or weight of this , et cetera , it may be said of this ; that datur processus in infinitum , it may be divided in semper divisibilia & expounded in semper exponenda , they and their successors might from time to time and at all times make of it what they would so that if the bishops should lose their bishopricks and all but this , this alone were riches enough for them and theirs for ever , and t is pitty but that they should take them this and be packing . 6. a most rare and super excellent thing called the oath ex officio or the beneficiall oath , for never was auricular confession so usefull and gainfull to the iugling priests of rome as this hath bin to prelates , for that did but onely make woman and people to confesse their relapses and maids their backslidings : and onely touched deeds done and the priests would pardon them but this oath makes men to confesse their thoughts , for which sometimes the bishop will make them pay deare , and if at any time either the bishop or any of his shavelings have not their bags crammed by church wardens presentments or parrators information , then they send for some minister of honest man whom they know to be not so desperatly wicked , as their iniurious maintainers , & tender him this oath , wch if he refuse , to prison he goes if he were as good as george a greene , and if he take it , he must either forswear and damme himself as the bishop doth , or else betray himself and confesse his most private matters , words , & the very thoughts of his heart which he poore man chooseth rather to do , and so puts himself in the mouth of the wolfe , than to periure and damme himself , and to go to hell with bishops , where upon he cōfessing , the bishop suspends , excōmunicates , deprives , degrades , imprisons or punisheth the poor man at his pleasure , then he being in this wofull case will be very glad to speake with some of the bishops officers , who will shew him so much friendly honesty as to take a great bribe to speak a small word for him , and so perhaps meets with the man who for that purpose first caused him to be questioned and so he seeing his friend , and the bishop feeling his mans pulses , gives the poore man some releasement , though he will not quite discharge him , but that his servants may at other times have some feeling of him , and thus this oath ex officio hath formerly been wondrous beneficiall though now it grow something old and rotten , and begins to stink and putrefie , yet it will passe currant in some countreys , as italy and spain , and some part of france , but by all meanes carry it not into scotland , for they be such resolute fellows they will put it in a poke mantle and hang it on blind balaams nagge and send it packing to rome where is no neede of it because there is already great plenty of this and many such like . 7. a most profitable and gainfull piece of prelaticall policy , to wit , the rubrick of the liturgie or service , for the most wise and politick prelates , knowing that men are of divers mindes and dispositions , have so framed the rubrick of the service book that it is improbable that all men should like of it , and almost impossible , that all man should follow it so strickly as the bishops inioyn it , and among some good things , taken out of the bible , they have mingled some bad things taken out of the masse book , and then if any honest minister do but omit by oversight some things least necessary , or passe by other , some things most offensive or leave out any thing which is most fabulous , he is to be had before the bishop either by the church warden , who are sworne to present him , or by the pararors or some such like who are ready to informe against him and the bishop ( who taketh himself to be the lord of the church ) perceiving him to be a man of some great conscience ( which is an odious thing to some bishop to have some care to discharge his duty uprightly , he hates him and persecutes him and brands him with the nicknames of puritan brownist scismaticke and precise fellow , and never leaves him till he either make him forsake all conscience and honesty , or else his living and country and such examples as these there have been many thousands so that this is an excellent and gainfull rubrick to the bishops officers who while these things are in agitation have many a good feeling , whom here i leave to feele the justice of our happy parliament . 8. certaine things of great antiquity and almost as ancient as the subtilty of the serpent ; so wit ceremonies , which though it might be thought that bishops might spare them without preiudice to themselves , yet those politick prelates ( for what reason themselves know best ) hold that no ceremony , no bishop , and they are so little in their defence , that before they will loose one corner of a cap , they le throw the whole miter off for it , or one end of a crosse , they le breake all the crosier to shivers , or one sleeve of a surplice , they le burne their lawne sleeves , and 't is pitty but that bishops and ceremonies should both be sent packing to rome the place of their originall . finis . a briefe polemicall dissertation, concerning the true time of the inchoation and determination of the lordsday-sabbath. wherein is clearly and irrefragably manifested by scripture, reason, authorities, in all ages till this present: that the lordsday begins and ends at evening; and ought to be solemnized from evening to evening: against the novel errours, mistakes of such, who groundlesly assert; that it begins and ends at midnight, or day-breaking; and ought to be sanctified from midnight to midnight, or morning to morning: whose arguments are here examined, refuted as unsound, absurd, frivolous. compiled in the tower of london, and now published, for the information, reformation of all contrary judgment or practise. by william prynne of swainswick esq;. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91155 of text in the english short title catalog (thomason e814_11). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 272 kb of xml-encoded text transcribed from 54 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91155 wing p3916 thomason e814_11 99863261 99863261 115451 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91155) transcribed from: (early english books online ; image set 115451) images scanned from microfilm: (thomason tracts ; 124:e814[11]) a briefe polemicall dissertation, concerning the true time of the inchoation and determination of the lordsday-sabbath. wherein is clearly and irrefragably manifested by scripture, reason, authorities, in all ages till this present: that the lordsday begins and ends at evening; and ought to be solemnized from evening to evening: against the novel errours, mistakes of such, who groundlesly assert; that it begins and ends at midnight, or day-breaking; and ought to be sanctified from midnight to midnight, or morning to morning: whose arguments are here examined, refuted as unsound, absurd, frivolous. compiled in the tower of london, and now published, for the information, reformation of all contrary judgment or practise. by william prynne of swainswick esq;. prynne, william, 1600-1669. [6], 72, 65-72, 89-96, 89-92 [i.e. 98], [1] p. printed by t. mabb for edward thomas dwelling in green arbour, london, : 1655. p. 98 is misnumbered 92. annotation on thomason copy: "nouem: 3d"; the 5 in imprint date has been crossed out and date altered to 1654. reproduction of the original in the british library. eng sabbath -early works to 1800. sunday -early works to 1800. a91155 (thomason e814_11). civilwar no a briefe polemicall dissertation, concerning the true time of the inchoation and determination of the lordsday-sabbath.: wherein is clearly prynne, william 1655 47630 607 0 0 0 0 0 127 f the rate of 127 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 apex covantage keyed and coded from proquest page images 2007-07 jonathan blaney sampled and proofread 2007-07 jonathan blaney text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a briefe polemicall dissertation , concerning the true time of the inchoation and determination of the lords day-sabbath . wherein is clearly and irrefragably manifested by scripture , reason , authorities , in all ages till this present : that the lordsday begins and ends at evening ; and ought to be solemnized from evening to evening : against the novel errours , mistakes of such , who groundlesly assert ; that it begins and ends at midnight , or day-breaking , and ought to be sanctified from midnight to midnight , or morning to morning : whose arguments are here examined , refuted as unsound , absurd , frivolous . compiled in the tower of london , and now published , for the information , reformation of all contrary judgment or practise . by william prynne of swainswick esq. levit. 22. 32. from even to even shall yee rest , or celebrate your sabbath . capitula caroli & ludovici imperatorum lib. 6. cap. 186. 202. diem dominicum secundum reverentiam colite ; opus servile , id est , agrum , pratum , viniam , vel si qua graviora sunt , in eo non faciatis ; nec causas , nec calumnias inter vos ditatis , sed tantum divinis cultibus serviatis , & a vespera ad vesperā dies dominicus servetur : placuit ut fideles diem dominicum , in quo dominus resurrexit , omnes venerabiliter colant . nam si pagani , ob memoriam & reverentiam deorum suorum quosdam dies colunt , & judaei more carnali sabbatum carnaliter observant , quanto magis iste dies à christianis honorifice colendus est , ne in illo sancto die vanis fabulis , aut locutionibus , sive cantationibus vel saltationibus , aut divisionibus , stando in biviis & plateis , ut solet , in serviant : sed ad sacerdotem , aut ad aliquom sapientem hominem & veniant , & eorum praedicationibus & bonis locutionibus , quae ad animam pertinent , utantur , & illo die seu sabbato ad vesperas , & ad matutinas , sive ad missam cum eorum oblationibus , si fieri potest , omnes cavendo , kyrie eleision , decantent . similiter pastores pecorum eundo & redeundo in campum , & ad domum faciant , ut omnes eos verè christianos , & devotes cognostant . london , printed by t. mabb for edward thomas dwelling in green arbour , 1655. to the christian reader . kinde reader , give me leave to inform thee of the true original cause impelling me to compile this dissertation at least 20 years since , whiles a prisoner in the tower of london . when i was a student and puny barrester in lincolns inne , it was the constant custome of that house and all other inns of court from all-saints eve , to candlemas night , to keep open revels , dancing , dicing and musick in their hals ever saturday night ( as we usually call it ) till eleven or twelve of the clock , and many times till 4. in the morning or later ; by reason of which abuse , the lordsday was much prophaned , and god publike ordinances on the lordsday morning , neglected , by the revellers , students , officers , gamesters , musicians and spectators , who slept out the forenoon sermons and other divine exercises for the most part , either in their beds or at church , if they resorted to it : which being a great corasive to my spirit , grief to my heart , and scandall to many religious lawyers , students and our lecturers . i used my best endeavours to reform this long continued abuse ; and by my interest in some pious benchers of lincolns inne , procured them by an order of counsel to suppresse all publique gaming and dicing in the hall , with all grand christmasses and disorders on that abused season ; and likewise to restrain the length of their revels on saturday nights , by confining them to a certain houre , though they could not totally suppresse them , as they and i desired , being over ruled therein by the majority of the benchers , pleading long prescription , custome , and unwillingness : to displease the revellers and young students , for their continuance : whereupon i did in my histriomastix printed 1632. ( dedicated to the * benchers of lincolns inne ) produce the decrees , laws , statutes , canons of many christian emperours , kings , states , councils , and resolutions of fathers , casuists , schoolmen , and protestant divines forraign and domestick , to prove the unlawfulnesse of stage plays , revels , dancing , gaming , sports , and pastimes on the lordsday , and on saturday nights , ( as we usually stiled them ) proving at large page 638. to 647. by sundry reasons and authorities in all ages ( there cited ) and likewise in the table : that the lordsday begins saturday evening , not at morning or midnight following ; that so , i might in point of conscience , suppresse all revels , gaming and disorders used in our innes of court and elsewhere throughout the realm , on saturday nights , being part of the lords own dayes , fit to be spent in better exercises of piety and devotion . this assertion of the lordsdayes inception at evening , being contrary to the received opinion of most of our modern writers and divines , was looked upon as a strange novelty by many , as well as my histriom●stix , and censure of stage playes as unlawfull , unchristian pastimes ; for which ( though licensed by archbishop abhots chaplain ) i was committed prisoner to the tower of london by the lords of the councill , febr. 1. 1632. and afterwards severely censured in the starre chamber , for it , as scandalous to the king , queen , court , state through lawds and others malice and prevailing power ; which sentence was since reversed by the unanimous vote of both houses of parliament , as illegal and given without any cause at all . hereupon for the satisfaction of some christian friends as well lawyers as divines , who scrupelled this opinion of the lordsday●s evening inchoa●ion ( though they could not answer , nor deny the reasons and authorities there produced by me , for its justification ) i did in the year 1633. compile this dissertation , in the tower●which i communicated to my learned friends of the law and ministery , who professed themselves aboundantly satisfied with it ; some of them transcribing copies thereof for their private use . after which , to passe my solitary prison houres with as much publike benefit , as i could , i went through all the controversies touching the sabboath , lordsday , and more especially concerning the use of pastimes on it ; which the kings ( or rather lawds ) declaration for sports , occasioned ; and bishop white , dr. heylin , dr. pocklington , and others had then raised , debated in their discours●s , and histories of the sabbath ; with an intention to have published them at that season . but the printing presses being locked up and strictly watched by lawd and the bishops then swaying , against all treatises of this subject in opposition to the anti-sabbatarian pamphlets , i was necessitated to lay them by for that season , and to communicate some of them to such friends , who made use of them in some of their printed discourses of the sabboath , and lordsday , since the prelates power was ecclipsed : onely i then contenting my selfe with a preface to my brother burtons divine tragedy , or examples of gods judgments upon sabbath-breakers ; and some necessary additions to the second impression of his dialogue between a. and b. concerning the sabbaths morality , and unlawfulnesse of pastimes on the lordsday , both printed in the year 1636. beyond the seas , to the great satisfaction of godly christians . after which , gods providence diverted my thoughts and studies to other seasonable subjects and publications , * against our lordly prelates pretended divine right , popish innovations , usurpations on the kings prerogative , and peoples liberties , treasons , schismes in all ages , which occasioned their downfall not long after . these wily foxes being unable to answer my books against them , thereupon by a * second unrighteous tyrannical censure in star-chamber , and extravagant councel table orders sent me close prisoner , first to carnarvan castle in northwales , and from thence to mountorguiel castle in jersey , debarring me the liberty of pen , ink , paper , books , accesse of friends , and all humane conversation , to hinder me from writing ; seised all my books , writings , papers they could meet with , searching divers of my friends houses as well as my chamber and study for that end : yet god● providence preserved this small treatise ( with some others touching the sabbath lordsday , and unlawfulnesse of sports or pastimes on them , against which i mustered up the concurrent opions of fathers , councils , christian emperours , princes edicts , popish , protestant writers of all sorts in all ages , yet unpublished ) from their clutches , and the strict seaches of other late grandees since ; and brought them safe to my hands again , when i deemed them quite lost . whereupon , conceiving it agreeable to gods good pleasure ( who miraculously preserved this dissertation above twenty years space , during all my troubles , and amids our publique wars and revolutions ) that it should be made publike for the information and benefit of his church , people , and not be buried in oblivion ; and being the onely compleat treatise of this subject , i ever yet beard off ; which others have but briefly , slightly touched , rather then handled in their discourses os the sabbath or lords-day ; i thereupon resolved to make it publike , and committed it to the presse , in this sceptic all age , when too many divines , as well ( as * jesuits and sectaries ) make it the main part of their divinity and religion , to vent and cry up new , empty , frothy notions , whimsies , fancies , old forgotten herefies , and uncouth conceipts , in a kinde of new canting language , ( which themselves and others hardly understand ) to * draw away disciples after them , and undermine those ancient setled truths and principles of religion , which all orthodox christians in former ages have constantly believed , received , practised without dispute ; which hath produced very sad effects , eaten ●ut the sinew , practise of piety ; the life * power of godliness , as well as the form thereof , and made many sorward professors heretofore meer seekers , self-seekers , sc●pticks , anti-scripturists , ranters , nullisidians , hereticks , separatists , blasphemers , covenant-breakers , antinomians , ( trampling all laws of god and men under feet like dirt ) and some professed atheists as well as anarchists . to prevent which mischiefs for the future , i shall recommend this advise of the apostle to all sincere christians , 1 john 4. 1. beloved believe not every spirit , but try the spirits ( by the word of god ) whether they are of god ; because many false prophets are ( now ) gone out into the world . * preferre ancient truth , before new pretended light , as most * do old wine before new . * illud verius , quod antiquius : and if so , then they need not doubt , but in this controversie , i have the truth on my side , because all antiquity concurs unanimously with me , as well as the scriptures . i shall conclude with jer. 6. 16. thus saith the lord , stand yee in the wayes and see , and ask for the old paths , where is the good way , and walk therein , and ye sholl find rest to your souls . and though many now say ( as the obstinate israelites did then to god ) we will not walk therein : yet i trust all the true saints and servants of god , will readily obey this divine and safe command in these * pe●illous times of novelty , desperate apostacy , and antichristian pride , when too many * oppose and exalt themselves , above all that is called god , or that is worshipped , obeying no laws of god or man , and carrying all laws divine and humane in the arbitrary rols and records of their own breasts , like so many roman pontifs , making their own * wils and lusts their onely law ; to gods dishonour , religions slander , all good mens grief , the ill example of future ages , and hastning of gods judgments on us to our scourge or ruine . farewell . a brief polemicall dissertation concerning the trve time of the inchoation and determination of the lords-day . it hath been a great question of late times among private christians , and divines , when the lords-day ( being no artificiall , but a a naturall day consisting of 24 hours , as they generally acknowledge ) should begin and end ? whether at evening , morning , or midnight ? certainly , if i may freely vent my thoughts without offence , i conceive ( under correction of graver judgements ) that in divine & true account , it begins & ends at evening , immediately after sun-set , when the twilight ends , and the b evening starre begins to shine : a truth so manifest , in my poor apprehension , that it is uncap●ble of any dispute . for the clearer resolution whereof , i shall in the first place admir , that men in civil respects may begin and conclude their dayes at severall houres , according to the received computation of their countr●y : c some nations commencing and closing up the day at morning ; others , at noon ; o-others , at midnight , others at evening . d and the canonists likewise beginning and concluding the day at midnight in regard of contracts ; at morning , in respect of judgements passed ; in at evening regard of sanctification and religious observation . but yet in all divine relations , men are not left at liberty to setwhat bounds or limits they please to dayes appropriated to gods more speciall worship , but they must observe those meets , which god himself ( the e soveraign lord of days and times ) hath prefixed to them , beginning , ending their sanctication of them ( being a part of his own worship and service ) at such time as he hath appointed , which is none other than the evening , the boundary he first set to dayes , both for naturall and sacred uses . to put this out of further controversie , i shall first of all propound such reasons and authorities as irrefragably evidence ; that the lords day ought to begin and cease at evening : then answer such objections and replyes , as are , or may be opposed against it . and here for the more perspicuous manifestation of the truth , before i proceed to any punct●all probation of the point in question , i shall premise and make good these five couclusions , which will soon over-rule and resolve it . first , that all dayes in scripture and divine calculation , begin and end at evening . secondly , that the seventh day sabbath in scripture account , did alwayes commence and determine at evening ; and that the jews did ever solemnize it from evening to evening . thirdly , that the very first day of the week whereon our saviour rose again , began and ended at evening , in divine computation , or scripture account . fourthly , that this beginning and concluding of dayes at evening , is perpetuall and immutable . fifthly , that christs resurrection in the morning , did no wayes alter the beginning or end of dayes , nor yet translate the beginning of that first day whereon he arose from evening to morning ; nor change the former limits thereof . for the first of these , that all dayes in scripture and divine calculation begin and end at evening ; it is most apparant . first , by genesis , 1. 5 , 9 , 19 , 23 , 31. where the scripture is expresse in point ; that at the very creation of the world and beginning of time and dayes , the evening and the morning made the first , second , third , fourth , fifth , sixth , ( and by consequence the seventh ) first dayes that ever were ; the onely patterns for the inchoation and determination of all dayes since : the f evening , being here placed before the morning ( as expositors observe ) by god himself , because the day in naturall and divine account begins at evening , the evening and darknesse being preceding to the morning and light , even in point of time , gen. 1 , 2 , 3. secondly , it is evident by exod. 12. 3 , 6 , 12 , 29 , 42 , 51. compared and paralelled with levit. 23. 5. numb. 9. 11. cap. 28. 16. deut. 16. 4. josh. 5. 10. 2 chron. 30. 15. c , 35. 1. ezra 6. 19. 20. and ezech. 45. 21. ( all treating of the time when the passeover was to begin ) in the tenth day of this moneth , they shall take to them every man a lamb , a lamb for an house , and ye shall keep it up , untill the fourteenth day of the same moneth , and the whole assembly of the congregation of israel shall kill it in the evening : for i will passe through the land of egypt this night , and will smite all the first born of the land of egypt both of man and beast . in the fourteenth day of the first moneth at even , is the lords passeover ; the fourteenth day at even shall they keep it . and the children of israel went away , and did as the lord had commanded and it came to passe that at midnight the lord smote all the first born in the land of egypt , &c. it is a night to be much observed unto the lord , for bringing the chilaren of israelout of the land of egypt , and it came to passe the self same day that thé lord did bring the children of israel out of the land of egypt by their armies . from which words it is apparant ; 1. that the fourteenth day of the month abib , on which the passeover was kept , began in scripture account , at evening : 1. because they were to keep the paschal lamb , untill the fourteenth day , and then to kill it in the evening ; therefore that day began at evening . 2. because the feast of the passeover , with the killing , dressing and eating of the paschall lamb did commence at evening ; thererefore the day too , which no doubt the feast began : for if the day began not till the following morning , the passeover had been kept before it , not upon it , upon the thirteenth not the fourteenth day of the month . 2. that that evening and night on which the passeover was kept , was part of the following , not of the foregoing day . 1. because this feast of the passeover was to be kept the whole fourteenth day , in remembrance of gods passing over the israelites , slaying the egyptians , and delivering his people out of egypt : since therefore they began not to kill and eat the passeover in the morn-ning , but at evening , the evening must necessarily begin the day , and be a part onely of the following day , not of the day preceding it ; else it would have been but an half-holy day , and no more , the whole preceding day being not solemnized , but the night alone ; or at least , a holy day made up of the evening of the fourteenth , and the morning of the fifteenth day , not of the fourteenth day alone ; both which are directly contrary to the text . 2. because this celebrating of the passeover the fourteenth day at evening , was done in memory of gods passing over them , and slaying the egyptians at midnight following ; and bringing them out of egypt with their armies the next morning : this evening therefore must be part of that day to which midnight and the morning following did belong , which must necessarily appertain to the fifteenth , not the fourteenth day , if the fourteenth day began the midnight or morning before , and not that very evening ; and so the fourteenth day should be solemnized for a deliverance happening on the fifteenth day , not on it ; which were absurd to think . the deliverance therefore happening the midnight and morning which succeeded this evening , it must doubtlesse be solemnized as part of the subsequent , not of the precedent day . 3. because the text saith expresly , exod. 12. 51. the same day the lord brought the children of israel out of egypt by their armies : therefore this evening and midnight were part of the ensuing day , because the israelites departed not out of egypt with their armies till the g morning following , as that chapter manifests : and yet the scripture saith ; that they departed out of egypt the same fourteenth day , whereon they did eat the passeover , and god slew the first-born of egypt . this fourteenth day therefore in divine calculation , both as a naturall day , and as a passeover day too , began and ended at evening ; and so by consequence all other dayes . thirdly , it is most clear by exod. 12. 18 , 19. compared with levit. 23. 5 , 6. and numb. 28. 16. in the first moneth on the fourteenth day of the moneth at even : seven dayes shall there be no leaven found in your houses : seven dayes shall unleavened bread be eaten . this feast of unleavened bread was to continue seven dayes : but these dayes and this feast by gods own limitation did begin and end at evening : for the text is expresse , that on the fourteenth day at even they should eat unleavened bread till the twenty first day at even : the evening therefore was both the alpha and omega of this feast , of all these dayes in scripture reckoning , and so by consequence of all other dayes . fourthly , this is as clear as the sun at noon-day , by the ceremoniall laws concerning uncleannesse . on any dayes or seasons of the year , if any of the israelites chanced to be legally unclean , in some cases they were to remain unclean for one day : in others , for seven dayes . but how did these dayes begin and end , in gods account ? certainly at evening : for all the texts run thus concerning him who was unclean for one day ; he shall be unclean untill the even : and when the evening cometh on , he shall wash himself with water , and when the sun is down , he shall come into the camp again . and thus concerning the other : on the seventh day he shall purifie himself , and shall be clean at even , witnesse deut. 23. 11. num. 19. 7 , 8 , 11 , 12 , 16 , 19 , 21 , 22. letit . 11. 24. to 40. c. 15. 5. to 27. c. 17. 15. c. 22. 6. all dayes therefore in divine computation , began and concluded at even , since all the dayes of mens ceremoniall uncleannesse did so ; which uncleannesse might befall them upon any day whatsoever . fifthly , it i● perspicuous by the israelites solemne easting-dayes , which commenced and ended at even , for they usually fasted untill even , judges 20. 23. 26. 2 sam. 1. 12. their dayes therefore b●ing but the limits of their fasts ( for they fasted sometimes h one day , sometimes two dayes , sometimes three , or more ) did question lesse begin and determine at even : in their own and scripture computation . sixthly it is apparent , by deul . 21. 22 , 23. if a man be p●● to death , and thou hang him on a tree , his body shall not remain all night upon the tree ; but thou shalt in any wise bury him that day : compared with joshua 8. 29. and cap. 10 26. 27. and the king of ai he hanged on a tree untill eventide : and assoon as the sunne was down , joshua commanded that they shouldtake his careasse down from the tree , &c. and he smote the five kings , and hanged them on five trees , and they were hanging upon the trees untill the evening , and at the time of the going down of the sun , joshua commanded , and they took them down off the trees , and cast them into the cave wherein they had been hid , &c. compared with joh. 19. 31 , 38. mat. 27. 57. 58. mar. 15 , 42 , 43. the je●s therefore because it was the preparation , that the bodies should n●● remain upon the crosse the sabbath day ( for that sabbath day was an high day ) besought pilate , that their legs might be broken , and that they might be taken away . and when the i even was come ( that is the evening of the day about sunne-setting , or evening tide : ) joseph of arimathea went to pilate and begged the body of jesus ; then pilate commanded the body to be given him . and he took it down and wrapped it in linnen , and laid it in his own tomb . which texts ( paralell'd with ephes. 4. 26. let not the sun go down upon your wrath : ) do fully evidence , that the day in divine resolution begins and ends at even ; because the bodies of malefactors , which were to b● buried the same day , and might not remain on the tree all night , were then taken down and interred . seventhly , that speech of david to jonathan ; 1 sam. 20. 5. let me go that i may hide my self in the fields unto the third day at evening : annexed to that of 1 sam. 30. 17. and david smote them from the twilight , even to the evening of the next day ; is a direct proof , that the scripture begins the day at even , making it part of the subs●quent , not of the precedent day , as these phrases , unto the third day at evening , and to the evening of the next day , import . eighthly and lastly , it is clear by the joynt confession of all sorts of authors , of all commentators on the fore-quoted and the ensuing texts , that the penmen of the scriptures ( who were guided by the holy ghost , with the whole jewish church , nation , directed by the same spirit , and the scripture computation ) did ever begin and end their daies at evening , not at morning , or midnight , as the jews k yet doe . a truth so evident that our opposites in this point of the lordsday's inchoation , for the most part grant it , without any contradiction ; having nought else to plead for themselves but this , that christs resurrection in the morning did translate the beginning of days , from evening to the morning . therefore it is undoubtedly true , that all daves in scripture and divine resolution , begin and end at evening : so that this first conclusion is uncontrolable . for he second , that the seventh day sabbath , in scripture account , did ever begin and end at evening ; and that the jews did constantly solemnize it from evening to evening : it is most apparent . for first , all dayes in scripture and jewish computation commenced and concluded at evening , as the former conclusion manifests ; therefore the seventh day sabbath too . secondly , the scripture peremptorily commands this beginning and close of the sabbath . levit. 23. 32. from even to even , ye shal celebrate your sabbath : which though it be specially meant of the sabbath of attonement , yet it is true of the seventh day sabbath too , it being the original pattern , by which the sabbath of attonement was squared , and thus bounded out . thirdly , it is apparent by nehem. 13. 19. and it came to passe , that when the gates of jerusalem began to be dark , before the sabbath ( that is , when the twilight began ) i commanded that the gates should be shut , and charged that they should not be open till after the sabbath : and some of my servants set i at the gates , that there should no burden be brought in on the sabbath day . by which it is evident that the seventh day sabbath began at evening , not at morning , or midnight . for why should nebemiah command the gates of jerusalem to be shut just as it began to be dark , a little before the l evening star began to appear ( when the evening & sabbath actually begin ) but to prevent carriers and others who brought burdens into jerusalem , from prophaning the sabbath , which would have begun before they could have passed to their innes , and unladed their burdens , had they admitted them to have entred the gates so late ; the sabbath being to begin almost presently after when the day light ceased , and the starres began to appear : which had it not commenced till midnight or morning following , he would not have closed up the gates so early , since they might have unladed their carriages a good space before the sabbath , though they had not entred jerusalem till the twilight ended . his timely shutting up of the gates therfore to prevent this breach of the sabbath by unlading burdens , is a m pregnant evidence , that it began at even , soon after , or just when the gates were barred . fourthly , it is clear by luke 23. 54 , 55 , 56. compared with luke 24. 1 , 2. mark 16. 1 , 2. c. 15. 42 , 43. john 19. 31 , 38. cap. 20. 1. &c. matth. 27. 57. 58. by all which it appears , that our saviours body was taken down from the crosse and laid in the sepulchre upon our friday at evening a little before night , and that they took it down , and buried it then , that it might not remain on the crosse upon the sabbath day : to which saint luke addes this as a corollary ; n and that day was the preparation , and the sabbath drew on , and the women also which came with him from galilee followed after , and beheld the sepulehre , and how his body was laid : & they returned , and prepared spices and ointments , and rested the sabbath day according to the commandement . and when the sabbath was past ( writes o st mark ) mary magdalene , and mary the mother of james and salome had bought sweet spices , that they might come and anoint him : and very early in the morning , the first day of the week , they came unto the sepulchre , at the rising of the sunne , as it began to down ( saith p saint matthew ) whiles it was yet dark , ( writes q saint john ) and they found the stone rolled away from the sepulchre : by all which it appears , that the sabbath begun and concluded at evening . for first , saint luke saith , the sabbath drew on ; when christ was taken down from the crosse about the evening , implying that it was then almost ready to begin . secondly , they took him down them , because he should not hang upon the crosse any part of the sabbath . thirdly , the women shortly after their return from his buriall began their sabbath dayes rest . fourthly , the sabbath was past , the first day begun , and our saviour risen , before the women came to his sepulchre : yet they came thither at day-dawning ; whiles it was dark : and their apparelling themselves , their buying of spices , and coming from their houses or lodgings to the sepulchre ( all after the sabbath was fully ended ) would take them up some hours time perchance , or more . it is apparent therefore by all these particulars , that the sabbath even in the evangelists account , both at and after our saviours passion and resurrection , commenced and ended at evening : so that saint r matthews ; in the end of the sabbath , as it began to dawn towards the first day of the week : ( which some object to the contrary , as if the sabbath then ended not till the morning ) must be interpreted by saint ſ marks ; after the sabbath was ended ; and the other t evangelists , on the first day of the week ( that being the true sence and scope of his words ; ) else christ , in his account did rise again upon the seventh-day sabbath , not on the first day of the week : and so by consequence , upon the second , not the third day after his passion ; which is directly contrary to all the other evangelists , and scriptures , to the article of our creed , and to christs own predictions of his rising again the third day , recorded thrice by saint matthew himself , mat. 12. 40. c. 16. 21. c. 27. 63 , 64. which he would never contradict in the history of his resurrection . fifthly it is certain by the constant practise of the jewish church , who both before and since christs time ( even to this present day ) did ever begin and end their sabbath at evening . witnesse josephus that famous jewish historian , contra apionem l 1. c 833. hierom comment . in jonam , c. 2. tom. 5. p. 137. eusebius de praeparat . evangel l. 8. c. 2. tom. 1. p. 141. s. augustine de tempore serm. 251. chrysostome , homil. 4. in genes . tom. 1. col. 26. b. hom. 62. in matth. tom. 2. col. 559. b. anastatius sinaita , anagogicarum contemplationum . he●am . l 2 & questio , 152. 153. eibl. patrum . tom. 6. pars , 1. p. 634. e. 794 , 795. hospinian de o●igine festorum , fol. 31. 72. b. 68 , 69. 161 , 162. marlorat in matth. 28. v. 1. joseph scaliger , de emendatione temporis , l. 92. & 6. p 119. 532 , 533. god win his jewish antiquities , ● 3. c. c. 3. p. 131. ainsworth , his annotations on genesis 1. v. 5. levit. 22 32. together with most ancient and modern commentators upon gen. 1. 5. 9. 13. levit. 23. 32. exod. 12. 18. matth. 12. 40. c. 16. 21. c. 28. 1. mark 16. 1 , 2 , 9. luke 23 54 , 55 , 56. c. 24. 1. john 20. 1. acts 10. 40. 1 cor. 15. 5. with those authours quoted in my histriomastrix . p. 643 , 644. and u others in the margent : who all subscribe with one consent , that the seventh day sabbath , ( and all other dayes else ) in the scripture and jewish account , did ever begin and determine at evening ; this second conclusion therefore , is past all question . for the third ; that the same first day of the week , on which our saviour rose again , began at evening in divine computation : it is most certain . 1. because all dayes in scripture account did then begin , as the premises evidence : therefore this day too . secondly , because that seventh day sabbath , on which our saviour rested in his grave , began and end●d at evening : as is clear by matthew 28. 1. compared with levit. 23 32. and other fore quoted scriptures : by the joynt attestation of all divines and expositors on these scriptures : and by the second conclusion : therefore it must necessarily begin at evening , when this sabbath ended : else the evening may and night between the end of the sabbath , and our s●viours resurrection should be part of no day at all ( like that of job , job 3. 3 , 6. being no parcell of the sabbath , nor yet of that first day of the week on which christ arose ) which can-not be . thirdly , all the evangelists with one consent , record , that our saviour rose again upon the first day of the week , very early in the morning , whiles it was dark , before the women came to his sepulchre , and after the sabbath was past . mark 16. 1 , 2 , 9. matth. 28. 1 , 2. luke 23 56 c. 24. 1 , 2. john 20. 1 , 2. the chief reason alledged by all ( especia●ly by our opposites in this controversie ) why christians solemnize this day as their sabbath . if then he arose upon the first day , the day was certainly begun some space before his resurrection ; else he must rise with it , or before it , not upon it . neither did or could this day-begin at morning , day-dawning , or sun-rising in divine compute , because our savior was risen , and the women were come to the grave before that time , as these texts affirm ; and yet then the x sabbath was past , and this first day begun ; which could not be if the day commenced not before the morning ; ( begining but at break of day , or sun-rising : ) n●ither did it begin at midnight , because the scripture , jews , and ecclesiasticall writers know no such naturall or divine incep●ion of the day ; therefore questionlesse it began at evening ; as the generality of expositors on these texts acknowledge , it being the true time of the dayes inchoation in divine accompt . fourthly , mat. 12. 4 c. 16. 21. c. 27. 63. mark 8. 31. c. 14 58. luke 13. 32. hosea 6. 2. acts 10. 40. 1 cor. 15. 4. and all our creeds assure us , that our saviour rose again the third day from his passion : which he predicting to his disciples , useth this expression , matth 27. 63. and mark 8. 31. after three dayes ( that is , after the beginning of three dayes , or of the third day from my passion , not after three dayes ended , for then he had risen again upon the fourth day , not the third ) i will rise again : which phrase ( being all one in sense with , upon the third day i will rise again , as appears by matth. 16. 21. ) implies that a good part of the third d●y on which he arose , should be past before his rising , which could not be , had the day b●gun just at morning or midnight , not at evening ; he being risen very early , whiles it was dark , john 20. 1 , 2. the question then for the clearing of this article of christs resurrection upon the third day , will be onely this ; what is meant here by three days ? how these dayes are and ought to be computed ? and from what time they did begin ? to which all y ancient & modern divines , who have commented on the evangelists , or written of christs resurrection , reply with one accord . 1. that by three dayes in these scriptures is meant , not three intire dayes , ( for christ lay not three whole dayes in his grave ) but one whole day and a part of two other dayes , ) but part to wit part of the sixth day whereon he was crucified ; the whole sabbath day following it , and the evening or night which was part of the first day whereon he arose . 2. that these dayes must be thus computed , and did thus begin and end . the first of th●m being our good friday ) began at evening and ended at evening , shortly after our saviour was taken down from his crosse and intombed . the second of them ( being the 7th day sabbath ) began and ended at evening ; all which day christ rested , and kept a sabbath in his grave . the third day ( the jews first day , & our lords-day ) began at even , when the sabbath concluded , and ended the evening following , a little after our saviours appearance to his disciples , john 20. 19. by which calculation , our saviour lay part of the first , the whole second , and a good part of the third day in his grave , ( to wit , the evening and greatest part of the night ) and so well nigh half the third day , was past before his resurrection ; so that he might well be said to rise again the the third day ; and by a synechdoche membri , to lie three dayes in his grave , and z after three dayes , ( that is , after the beginning of three dayes , the latter part of the third day being included , and the forepart onely excluded in this phrase of speech ) to rise again : which he could not be properly said to do , had this third day , begun at morning , he being risen again when it was dark john 20. 1. matth. 28. 1 , 2. and so upon the second day ; before not on or after the third day , in this strange accompt , which no divine in this particular of christs resurrection ever followed ; all of them joyntly resolving , that the third day on which our saviour arose , and the two preceding dayes , according to divine computation , began and ended at evening . wherefore this third conclusion , even by the unanimous consent of all men , is indubitable , and quite overturns our antagonists foundation for the lords dayes inc●ption in the morning , to wit , that christs resurrection in the morning , did translate the beginning of this first day , from evening to morning ; which is but a grosse mistake , directly contrary to all the recited scriptures , the resolution of all judicious divines , and writers in all ages , as i shall anon more fully manifest in its proper place . for the fourth , that this beginning and concluding of dayes at evening is immutable ( i mean in divine respects , not of civill ; ) it is most clear for these ensuing reasons . first , because it is that bound which god himself ( the a lord of times , and ancient of dayes ) hath prescribed them , both by his word , his works , and own divine calculation , as the three foregoing conclusions evidence : and what god himself hath thus limited and prefixed , cannot be altered but by himself alone ( who never changed this beginning or period of dayes for ought appears in scripture ) eccles 3. 14. jer. 31. 35 , 36. c. 33. 20 , 21. secondly , because it is that termination of days wch god himself instituted at the very creation , whenas he prefixed such limits to days & times , as were to contiue in all succeeding ages , till time should be no more , witnesse gen. 1. 2 , 3 , 5 , 8 , 13 , to 20. 23. 31. where god made darknesse to precede the light , the evening antecedent to the morning , and to begin the day ; the evening and the morning , ( not the morning , and the evening , i mean in point of priority ) making the first seven days , and so by consequence all succeeding dayes ; the dayes and weeks being now the same , and of the same dimension , as they were at the creation ; and therefore retain the self same beginning and end now , as god designed to them then ; and that by a natura ; unchangeable ordinance . for god at the creation ordained the sunne , the moon , and starres , to rule over the day and night ; to divide the light from the darknes , ( that is , to bound out the day and night ) to be for signs and for seasons , and for dayes and years : gen. 1. 14. to 19. psal. 136. 6 , 7 , 8. psal. 104. 19. and that so long as the world should endure , or the sun and moon have a being . witnesse gen. 8. 22 while the earth remaineth , seed time , and ha●vest , and cold and heat , and summer and winter , and day and night shall not cease : that is , they shall observe the bounds and times that i have pr●scribed them at the creation , without any alteration . jer. 31 , 35 , 36. and c. 33. 20. 21. makes this m●st clear . thus saith the lord , which giveth the sun for a light by day , and the ordinances of the moon and of the starres , for a light by night : if these ordinances depart from before me , or if you can break my covenant of the day and of the night , that there shall not be day and night in their season ( that is , at the time which i appointed at the creation ) then also might my covenant be broken with david my servant . which texts do fully evince the beginning , end of dayes , and limits of time instituted at the creation , to be unalterable so long as the world remains : which is likewise backed by psal. 74. 16 , 17. ps. 72. 57. ps. 104. 19. ps. 121. 6. ps. 136. 9 , and 148 3 , 5 , 6. the day is thine , the night also is thine , thou hast prepared the light and the sunne , thou hast made summer and winter . he appointeth the moon for seasons , the sunknoweth his going down : thou makest darknesse , and it is night . praise him sun and moon , praise him all ye starres of light , for he commanded and they were created , he hath also established them for ever and ever , he hath made a decree which shall not passe . from all which scriptures it is infallible , that god at the creation fixed immutable limits to dayes and times , both for their beginning , end , length , which shall and must continue the same for ever ; ( the dayes , weeks moneths and years , being of the same extent for the present , as they were at the beginning ) therefore the inception and ending of the day at evening , being settled at the creation , doth and must remain unalterable . thirdly , this inchoa●ion and conclusion of the day at evening , is ratified by the fourth commandement , a morall and perpetuall precept , founded on the very course and l●w of nature at the creation , as most assert , gen. 2. 1 , 2. 3. for this commandement enjoyning men , b to keep holy the sabbath day , to do no manner of work upon it , and to labour six dayes , and do all their wor● : for in six dayes the lord made heaven and earth , the sea and all that in them is and rested the seventh day : wherefore the lord blessed he sabbath day , and hallowed it : doth her● in apparently confirm for ever , the beginning , ●nd , and limits bo●h of dayes and weeks , as they were ●●ttled at the creation . for this precept having a retrospect to gods six dayes work , and his seventh dayes rest , when he created the world ; and enjoyning men to work six dayes , to rest the seventh day , and keep it holy , as god did then ; doth apparantly intimate , that these foresaid seven dayes , were as so many royall standards of time , by which all subsequent dayes and weeks must be measured : which must begin , end , and have the same dimen●ions , with that originall week , and those first seven dayes . wherefore since they began and ended at evening then , as i have proved : all other dayes likewise must do so , by vertue of this command . the rather , because it prescribes men , to finish all their work in six dayes , and then to begin their rest , when their work ends , as god did his : but their six dayes work usually c ends at evening ; therefore their six days also should then d●termine , and their sabbath or seven dayes r●st begin ; and so by consequence all the six dayes , the sabbath day , and so all dayes ( for ever ) should commence and end at evening , so long as this commandement is in being , or dayes and weeks shall last . fourthlv , the beginning of dayes must needs be immutable , because the alteration of it from evening to morning , or midnight ( which thwarts the scripture computation ) would falsisie , corrupt many passages and texts of scripture ; call into question the truh of our saviours resurrection on the third day ; and somewhat alter the scripture chronology , which is most exact and punctuall ; neither of which are sufferable by god or christians . lastly , this beginning and close of dayes , hath an influence into gods worship : who as he hath prescribed men , how ; so likewise , when to worship him : to wit , especially on the sabbath , which he hath appropriated to himself ; stiling it , his own sabbath , and holy day , exod. 16. 23 , 25. levit. 23. 3. deut. 5. 14. neh. c. 14. isa. 58. 13. exod. 20. 10 , c. 31 , 16. the sanctification therefore of the sabbath being a part of gods worship , and the sabbath his own peculiar day ; * which most hold , christ and his apostles , and the primitive christians by gods warrant translated to the lords day ) that beginning and limits of it , which god hath fixed , must not be changed but by god ; because it would alter both gods day and worship too . to prevent which inconvenience , god hath given not onely generall commands to sanctifie this day , but likewise a speciall precept to begin and end it at even , levit. 23. 32. from even to even you shall celebrate your sabbath : there being no such particular precept given for the limits of other dayes , ( which are bounded out in more generall termes ) it being both dangerous and absurd , to leave the inception , or bounds of the sabbath arbitrary unto men , to begin and end it when they please ; the day being gods not theirs ; the sanctification thereof , a speciall part of his service , which men have no power to alter or diminish : and whatsoever in god● service is not of faith ( warrantted or prescribed by his word ) being sinne and will-worship , rom. 14. 23. col. 2. 18. 20 , 21 , 22 , 23. from all which i may safely affirm ; that this beginning and ending of dayes at even ( especially of the sabbath day ) is immutable , and so my fourth conclusion undeniable . for the fifth ; that christs resurrection in the morning did no wayes alter the beginning or end of dayes , nor yet translate the inception of that day whereon he arose , from evening to morning ; it is unquestionable . first , because this commencement and conclusion of dayes at evening , is immutable ; as i have manifested in in the fourth conclusion , therefore not altered by christ● resurrection . secondly , because christs passion and resurrection abolished or changed nothing , but that which was typicall and ceremoniall : witnesse gal. 4. 9 , 10 , 11. col. 2. 14. to 22. acts 15. 24. 28 , 29. heb. 9. 10 , 11. c. 10. 1. 2 , 9. with the unanimous suffrage of all divine● . but the beginning and end of dayes at even ; was no wayes typicall or ceremoniall , but rather naturall and morall , being instituted at the creation , ratified by the fourth commandement , and immutably fixed for ever , as the premise● testifie . therefore it was not abolished , or translated by christs resurrection or passion from evening to morning . thirdly , christ abrogated or changed nothing , but what was necessary to be abolished or altered upon warrantable reasons and substantiall grounds : see heb. 8. 6 , 7 , 8. c. 9. 9. to 16. c. 10. 1. to , 11. col. 2. 16 , 17 , 22 , 23. ephes. 2. 15. gal. 5. 1. to 7. acts 15. 10. 28. but there was no necessity , reason , cause , or ground at all , of altering this begining and end of dayes at evening : therefore christs resurrection did not alter or abolish it . fourthly , the alteration , limitation , of times , dayes , and seasons , is a peculiar prerogative of god the father , reserved in his own power , not in christs , as is manifest by acts 1. 7. matth. 24. 36. mark 13. 32. levit. 23. 2. &c. psal. 118. 23 , 24. exod. 13. 2 , 3 , 6 , 14. exod. 20. 1 , 8 , 10 , 11. compared with daniel 2. 20 , 21. psal. 74. 16 , 17. jer. 33. 20. c. 31. 35. psal. 136 1. 7 , 8 , 9. upon which priviledge royall none anciently durst encroach , but that presumptuous horn , typifying the papacy . dan. 7. 25. christ therefore by his bare resurrection made no such alteration of the dayes inchoation , having no speciall commission from his father so to do . fifthly , there is not one word or sillable in all the scripture , which either affirms or intimates , that christs resurrection made any mutation of the beginning or end of dayes , neither can any man produce one substantiall reason , grounded on scripture , why christs resurrection should cause such a change as this : or why his resurrection should do it , rather than his nativity , passion , or ascension . therefore i may saf●ly conclude , that it made no such change untill the contrary can be proved . sixthly , the scripture is expresse , that christs resurr●ction did no wayes change either the order , name , or nature of that day whereon he aros● . for all the evangelists speaking of it as christs resurrection day in their histories of the resurrection ( penned some space after it ) ever stile it , the first day of the week , math. 28. 1. mark 16. 29. luke 24. 1. john 20. 1. 19. the very name that was given it at the creation , gen. 1. 5. which was still retained after our saviours resurrection and ascension : acts 20. 7. 1 cor. 16. 2. having no other title at all imposed on it but this in scripture . ( that of revel. 1. 10. to wit , the title of lords-day , being applyed by some to the seventh day sabbath ; by others , ●o d easter day onely : yet by * most to the lords-day ) for ought that certainly appears . which name implies , that it continued the same after christs resurrection , as before ; the first day of the week , for number , order ; beginning the week as afore ; and so by consequence commencing at evening as before ; it being the same in name , in order , in nature ( though not in use and observation amongst christians ) as it was at the creation : therefore the same in its inception too , and so not altered from evening to morning . seventhly that very first day on which christ arose in scripture and divine account began and ended at evening ( not at morning or midnight ) as i have undeniably proved at large in the third conclusion : christs resurrection therefore , did no wayes alter or translate the beginning of it from morning to evening , as some f●lsely affirm , but never prove : and if it made no such mu●ation of the beginning and end of that same first day on which he arose ; much lesse then of any other that succeeded it , or of the other week dayes on which he did not rise again . christs resurrection did not actually translate the beginning of that first day on which he arosegain from evening to morning : for had that day begun at morning , just at or from the time which he arose ( 〈◊〉 some pretend ) then he had not risen again upon the third , but on the second day from his passion ; which directly oppugnes the e scripture , and the article of our creed , that he rose again the third day from the dead , not the second . to make this reason evident . the morning of this first day began not till day breaking , or day-light : and if this first day began then too , christ certainly did not , could not rise upon it , but before it , and so on the second day : for the women came to the sepulchre when it was yet dark ( before day-light appeared , or the f day began in this accompt ) and yet christ was then risen : john 20. 1 , 2. therefore before the day began in this computation . and if they will begin it from the time that christ arose , since christs resurrection was the cause ( as they sayd ) of this its new inception , or the terminus à q●o , from whence it began ; they still sti●k fast in the same mir● . for if christs resurrection changed the commencement of this day , he must be actually risen ere this change could be made , since the cause must necessarily precede the effect ; which must begin from and after it , not before , or with it ; and if the moment of christs resurrection was the terminus whence this day began ( as they affirm ; ) his resurrection must needs precede the day , that point of time , from whence the day begins being exclusive , as precedent to it , not inclusive , as any part or parcell of it : and so christ must necessarily rise , before this first day ( to wit , upon the sabbath or second day ) not upon or g after it began ; and so , not upon the third , or first day of the week , as the scripture affirms : and by consequence not upon that lords-day which they solemnize , from morning to morning , in memory of his resurrection on it ; which by their own reasoning ●nd computation was before it , not upon it . all which considered , i may undoubtedly conclude , that christs resurrection did no way●s alter the beginning or end of dayes , ( no not of that first day on which he arose ) from morning to evening : so that this last conclusion is infa●lib● . these five conclusions being thus premised , and i hope undeniably proved ; i shall now deduce five unanswerable arguments from them to prove , that the lords-day , doth and ought of right to begin and end at evening ; not at morning or midnight . 1. if all dayes in scripture and divine account do alwayes begin and end at evening ( not at morning or midnight ) then the lords-day ( being the first day of the week , and included in the universality of dayes ) must do so too : but all dayes in scripture and divine computation , do alwayes begin and end at evening , ( not morning or midnight ) as the first conclusion mani●ests . therefore the lords-day doth so too . 2. if the seventh day sabbath in scripture account did alway commence and determine at evening , and the jews did ever solemnise it from evening to evening ; then the lords-day ( which succeeds it , and begins when the sabbath ends ) must then begin and conclude ; seeing all the week-dayes are of the self-same length , and must have the same inception and conclusion : & since this sabbath was thus solemnized long after our saviours resurrection by the apostles , jews , and christians too . matth. 24. . 20. acts 13 , 14 , 27. 42. c. 14. 1. c. 15. 20 , 21 c. 17. 1 , 2 , 10. c. 18. 4. but the seventh day sabbath in scripture calculation did alwayes commence and determine at evening , and the h jews did ever solemnize it from evening to evening ; as the second conclusion testifies : therefore the lords day must then begin and conclude . 3. if that very first day of the week whereon our saviour rose again , began and ended at evening in divine accompt , even as it was his resurrection day : then the lords day ( kept in memory of his resurrection on that day ) being the self same day of the week , and having the self same limits as that day had ; must then begin and end likewise . but that very first day of the week , whereon our saviour rose again began and ended at evening in divine compute , even as it was his resurrection day : therefore the lords day in respect of its weekly observation and solemnization in memory of our savlours resurrection on it , must commence ●nd detemine at evening too . the s●quel is u●deniable ; the minor is fully proved in the third conclusion ; so the argument is unanswerable . 4. this beginning and determination of dayes at evening be naturall and immutable , therefore the lords day must have , can have , no other inception or conclusion , but at evening . 5. i christs resurrection in the morning did no ways alter the beginning or end of dayes , nor yet translate the beginning of that day whereon he arose , from evening to morning ; then we ought to make no such alteration ; ( for that were to be wiser than christ , yea to usurp gods speciall prerogative , to alter times , dan. 2. 20 , 21. c. 7. 25. ) & so must keep the lords-day from evening to evening , not from morning to morning , or from midnight to midnight . but christs resurrection in the morning , did no wayes alter the beginning and end of dayes ; nor yet translate the beginning of that day whereon he arose from evening to morning ; therefore the lords-day ought to be kept from evening to e●vening , not from morning to morning , or midnight to midnight . what can be truly and substantially replyed to these five arguments , i cannot conjecture , they being of sufficient weight to oversway the ballance of this controversie . now to clear this truth more fully ; i shall to these five arguments , accumulate ten reasons more , proving , that the sabbath , and lords day , ought to begin at evening . first , because this inception of the sabbath and lords day , is most suitable to the nature of these dayes . for the sabbath being nothing else in proper speech , but a day of rest , and being oft times stiled in scripture a sabbath of rest , exod. 16. 23. c. 23. 12. c. 31. 15. c 34. 21. c. 35. 2 , levi. 16. 31. c. 23. 3. 32. c. 15. c. 25. 21. c. 34. 21. deut. 5. 14. ( both man and beast being enjoyned to rest from their labours on this day : ) it is most agreeable to reason , and the equality of the day , that this resting day should begin at evening , when men naturally and customarily begin their rest , and end their labours : rather than at morning , when they commonly begin their work ; or at midnight , when as they are in the mid●est of their rest and sl●ep . for when can a day of rest so aptly commence , as when men begin their rest ? their resting on it from other labors , being one part of the solemn zation of it ? this therefore being the fittest time to begin the day ; no doubt , but god ( who doth all things wisely and in the * aptest season ) hath ordered that it should then commence , ( ●s i have manifested in the foregoing conclusions ) it being most proportionable to the nature of the day . secondly , this commencement is most agreeable to gods own example , and to the fourth commandement : for god began his seven dayes rest , i so soon as ever he ceased from his six dayes works of creation , gen. 2. 1 , 2. 3. exod. 20. 9 , 10. yea the fourth commandement prescribing us to labour six dayes , and to do all our work , and to rest the seventh day ; implies , that we should b●gin our sabbath dayes rest , when as we finish our six dayes wo●k : and that is at evening , not at morning or midnight . therefore we should then commence our sanctification of it , and rest upon it . thirdly , this beginning of the sabbath and lords-day , is every way best for men , as most consonant to the course of nature , and their common practise , for men naturally and customarily ( and that by gods own appointment , and the scriptures approbation ) end their weekday labours at evening and b●gin their rest at k or night , witnes ps. 124. 22 , 23. the sun ariseth man goeth forth unto his work , and to his labour untill the evening , john 9. 4. i must work the works of him that sent me , whiles it is called to day , the night cometh when no man can work , judg 19. 16. behold there came an old man from his work out of the field at evening , z●ph . 2. 7 in the houses of askelon they shal lie down in the evening , 1 thess. 5. 7 those that sleep , sleep in the night , together with gen. 19. 1 , 2. exod. 18 14. gen. 2● . 11. numb 29. 19. levit. 19. 13. n●b 4. 21 judg. 19. 4. 11. eccle● 2. 23 num 22 : 21. judg. 9. 33. c. 20. 19. c. 19. 8. hos. 7. 6. is . 5. 11. whereas as by a natural insti●ct , and gods command they usually begin their work in the morning , not their rest , as is evid●nt by eccles 11. 6. in the morning sow thy seed , mat. 20. 1 , 2 , 3. the kingdome of heaven is like to a man that is an housholder , which went out early in the morning to hire labourers into his vineyard , and by gen. 19. 15 c. 28. 24. 54 44. 3. exod. 20. 1. c. 18. 14. judg. 20. 19. ruth 3. 13 , 14. psal. ● 27. 2. 1 chron. 23 30. mat. 27. 1. psal. 104. 22. 23 now the sabbath being a day of rest from labour , and being likewise made for man , no●man for it . mark . 2 27. and men naturally and ustomarily in all ages , all ●l●ces , by gods own ordination , determining their weekly labours , and beginning their rest at evening ; it is most fit , mo●● proper , and convenient , in respect of men , and this their naturall use , that the sabbath , and lords day should begin at evening , when as they voluntarily and naturally ce●se their secular labours , and devote themselves to r●st . but most unsuitable and inconvenient to begin it in the morning , the time when work begins , or at midnight , when half their rest is past . neither is this reason to be sl●ighted ; for all things being made l for man , and the sabbath too , no doubt but god did accommodate and suit them in such manner , as should be most commodious and convenient for men , and most consonant to the naturall course of their affairs . this inchoation therefore of the sabbath and lords-day , being most proportionable to the naturall order of mens working , and rest ( and so the more easie and possible to be observed by them ) is no doubt the truest , the properest of all others ; and therefore ought to be embraced . 4. that the beginning of the sabbath , and lord-day which is easiest for christians to observe , and doth best of all begin the sanctification of them , is questionlesse , the best , the tru●st : but this beginning them at evening is such : 1. because men then naturally end their worldly imployments , and begin their rest , ●ven of their own accord without constraint : and what so easie , as that which is naturally and voluntary ? 2. because all men that have any religion or shew of christianity in them , do then constantly fall to their private devotions and family duties , the evening being a fit time for holy meditations , prayers , and religious exercises , gen. 24. 63. 1 chron. 16. 14. 2 chron. 13. 11. psal. 55. 47. psal. 65. 8 dan. 9. 21. now what time so fit to begin the sabbath and lords-day ( appropriated n wholly to gods worship ) as that whereon most christians voluntarily and constantly apply themselves unto his immediate service in their closets or in their familie devotions ? 3. these dayes are dayes of o holynesse , and being such , ought alwayes to begin and end with holy duties . every christian will grant it fitting and convenient , if not necessary , that the lords day should be begun and ended with private , and continued with holy , publick exercises , suitable to the day . which being so , if it should begin and end at midnight , what christians usually do , or can conveniently begin & end it thus ? they being then at rest yea * fast asleep in their beds , & that by the course of nature , and gods own appointment , without any sinne at all , 1 thes. 5. 7. mat. 25. 5 , 6. c. 26. 45. and for men to be tied to rise up at midnight , or to sit up til then , to begin then the lords-day , with holy duties , what an inconvenience & burthen would it be ? again if it should begin and determine at morning , so soon as day-light begins ; how many christians are then up through the whole year on lords-day mornings , and the mornings following , to commence and conclude it with holy duties ? yea what a vexation , and trouble would it be ( especially to aged and sickly persons ) to rise every lords day , and monday at day-dawning , or some space before , to begin and close it with meditations , prayers , praises , devotions ? certainly if the lords-day should commence and end either at morning or midnight , and christians were tied in * point of conscience , to begin and conclude it with holy exercises , most men would grow weary of observing it , and cast off the sanctification of it as an intollerable burthen . but now if we begin and end it at evening ( when every man is up , and ends his labours , and goes unto his private devotions and familiar duties of his * own accord , and then enjoy this rest as on other evenings ) how easily and conveniently without any toyl or inconvenience may all sorts of men begin and conclude it in an holy manner , without any disturbance of their na●ural sleep , or endangering their health ? and how sweetly , how comfortably may they embrace the inception , and take their farewel of the conclusion of it ? with what delight , pleasure , ease & conuenience , may they sanctifie it : this beginning and ending therefore of the sabbath and lords-day , being the easiest of all others , the best for all christians to take hold of without any pain or inconvenience ; the best for the true , & pious commencement and conclusion of these dayes with holinesse and devotion , is undoubtedly that which godhimself hath instituted , and all christians must retain ; this being one main cause why god commanded the jews to sanctifie their sabbath , and keep their festivalls from evening to evening ; lev. 23. 32. exod. 12. 18. because the evening in all the foreuamed respects , was most convenient and proper , to begin and end all sacred dayes . 5. the lords-day ( as all of the contrary opinion acknowledge ) is substituted in the place of the seventh day sabbath , in memoriall of our sauiours resurrection upon it : but that sabbath ( as the premises evidence ) began and concluded at evening : therefore the lords-day should do so too , it being but the ancient weekly sabbath transl●ted to another day ; and there being no preceptnor president in scripture , to begin the sabbath or lords-day at morning or midnight ; but both precepts and examples to commence and end it at evening , as the foregoing conclusions prove . the rather because it is confessed by all my opposites in opinion ; that the lords-day succeedeth the seventh day sabbath , & is to be weekly , wholly & intirely consecrated to gods publick and private worship ; and that by the very equity and morality of the fourth commandement . which is the received opinion not onely of most of our own writers , who have written of the sabbath or lords-day , and commented on the fourth commandement by learned henry bullinger , decad. 2. c. 4. joannes pappus enar . in isaiam c. 58. and very many of the learnedest protestant writers in forreign parts , quoted by learned wallaeus in his disputatio de sabbato , to which i refer the reader for fuller satisfaction ; but likewise of the learnedest popish schoolmen , commentators , and writers of all sorts ; as namely of peter lombard lib. 3. sententiarum : distinctio 37. richardus de media villa , joannes scotus , henricus de veru-maria , christopherus , silvestranus , gulielmus estius and others in lib. 3. sententiarum . distinct . 37. dionysius carthusianus , in lib 3. sententiarum . distinct . 37. & in fxod enarratio c. 20. where he thus writes . memento ut diem sabbati sanctifices , id est , in sanctis operibus diem illum expendas , & divino cultui arplicas eum : per quod & nunc diei dominici jvbetvr cellebritas . bonaventura in lib. 3. sentent . distinct . 37. sermones de decem praeceptis . sermon . 4. operum , tom. 7. p. 8. & speculum animae c. 2. ibid. p. 35. where he determines thus . per hoc autem in lege nostra dominica intelligitur observatio siquidem diei dominici e●t de jvre divino , scilicet praeceptum divinvm , ut habetur in exodo : memento ut diem sabbati sanctifices , &c. sancti raymundi lumina . lib. 1. tit. de feriis ac festis , p. 110. 111. acutè thomas aquinas in lib. 3. sentent . distinct . 37. artic. 5. & 2. quaest. 122. artic. 4. with all his fo●lowers on these places . hugo cardinalis comment in exod. ●0 . tostatus abulensis in exod. 20. qu. 11 , 12 , 13. ( an exc●llent pregnant discourse to this purpose ) and in 1. regum tom. 1. p. 128. joannes gerson compendium theologiae in 3. praeceptum operum tom 2. p. 56. astensis summa lib. 1. tit. 22. de observantia sabbati , ang●lus de clavatio , summa angelica . tit. praeceptum sect. 2 , 3 , 7. bernardinus senensis . sermo . 10. de observantia sabbati , ( an excellent , full , pious discourse ) paulus de sancta ma●ia , sc●utiniun : scripturarum , pars 1. distinct . 8. c. 14. antonius cadubi●nsis quastionarii lib 1 qu 5. jacobus de valentia adversus judaeos . qu. 2. soto , de justitia & jure , lib. 2. qu. 3. art. 5 qu. 4 domincus bannes 2a secundae qu. 44. artic. 1. didacus stella comment in luc. c. 14. couarruinas , resolutionum lib. 4. c 19. conclus . 4. & 5. joannis nyder , as also michael marspurgiensis in 3. praeceptum . enchiridion christianae institutionis , set forth by the whole council of colen , an. 1536 in 3. praeceptum . f. 270. to 276. hector pintus : comment. in isaiam cap. 56. & in ezech. cap. 20. ambrosius . catherinus enar. in genesis c. 2. p. 122 , 123. petrus binsfeldius enchiridion theologiae pastoralis pars 3. c. 10. p. 320. cardinal bellarmin , de cultu sanctorum , lib. 3. c. 11. azorius the jesuit . instit. moralium pars 2. lib. 1. c. 2. lorinus comment . in deut. c. 5 p. 222 , 223 , 224. petrus vincentius de marzilla , annotatio in exod. c. 20. annot. 3. p. 249. corne●ius à lapide comment. in deut. 5. p. 975. leonardus marius comment . in exod. c. 20. num. 47. p. 504. vincentius filiucius . moralium quaestionum . tom. 2 in 3. praecepium deoalogi c. 1. sect. 7. to 11 p. 250. &c. 2. p. 251. ludovicus ystella comment . in exod. 20. p. 124. to whom i shall annex our own irresragable english doctors , alexander alensis , summa theologie pars 3. qu. 32. memb. 2. nicholaus de lyra , a converted english jew , comment . in exod. 20. john peelham archbishop of canterbury , and william lyndwood constit . provincialium . lib. 1. de officio archiepresbyteri , f. 40. 41. thomas waldensis ; doctrinale fidei tom. 3. tit. 16. c. 140. de celebrando festivè , diem dominicum sine mundanis operibus . the flower of the commandements of god on the third commandement . dives & paurer on the third commandement , c. 11. f. 120. printed in times of popery : all of them resolving , the fourth commandement to be morall still in force , obliging all christians under the gospel to the weekly observation and sanctification of the intire lords-day , that totvs ille dies tvtaliter divino cvltvi applicandvs est ; & nihil aliud agendum nisi deo vacandum : and that because dies integer , & sabbatum totum cultui divino sacratur : not two or three hours of it onely devoted to the publick exercise of gods worship in the church as some new * doctors assent ; who allot the rest to sports , pastimes , and wordly labours or affairs ; being more lic●ntious and prophane than papists in this point , who are generally as strict as the greatest puritane writers in their doctrines , for their intire sanctification of the lords day ; and against the use of all ordinary labours , sports , pastimes , dancing , enterludes , and carnall pleasures on it or any part thereof , even from evening to evening , when they begin and end it . now if the lords-day it self , be thus to be sanctified and solemnized by christiaans , even by the equity and morality of the fourth commaudement it self , literally commencing onely the sanctification of the seuenth day sabbath , which began and ended alwayes at evening . then it must by the very equity and morality of the sourth commandement , be sanctified and solemnized by christians from evening to evening , as the seventh dae sabbath was , both by jews and christians , heretofore by vertue of this precept , which reason our opposites can no wayes evade . 6. our opposites themselves , apply all texts and precepts in the old testament , for the sanctification of the seuenth day sabbath unto the lords-day sabbath , as being all one with it in substance . why then should they or any other , reject that text of levit. 23. 32. from even to even ye shall celebrate your sabbath . refuse the usuall scripture computation of the beginning and ending all dayes , all festivalls at evening ; and affix a new incep●ion or ●nd to the lord-day ( and all other dayes too ) at morning or midnight , which the sacred writ doth no wayes warrant : as therefore they apply most other things concerning the seventh day sabbath to the lords day , so must they now the time and texts for its beginning too , unlesse they can give good scripture reasons for it , which no man can do . 7. the beginning of the lords-day and sabbath at evening , as soon as the sun sets , or the evening-star begins to shine , as it is most certain , ( whereas the beginning of it from the hour or moment of christs resurrection , which is not certainly known nor expressed by the evangelists , is arbitrary and uncertain , and so not to be embraced : ) so is it m●st consonant to that rest or sabbath in heaven , of which these sabbaths are a reall type . heb. 4. to 11. for our heavenly sabbath ever begins in the very evening , and sunset of our dayes , when death puts a period to them , rev 14. 13. job 3. 17 , 18. or at least at the evening and period of this world , when dayes shal be no longer , rev. 10. 6 , 7. therefore by the analogy of the type to the substance , those sabbaths should begin at evening too , when the day-light ends : the rather , because the evening usually puts an end to our labours , and begins our ordinary rest , as death ( the evening of our dayes ) concludes our earthly toyls and travels , and commenceth our heavenly rest , rev. 14. 13. 8. this beginning of the sabbath and lords day at evening , doth best prepare men for the sanctification and duties of it , and most of all prevent the profanation of it . for first it makes men to put a timely period to their weekly labours on saturday evening , and then to begin the sanctification of it with private meditations , prayer , singing of psalms , reading the scriptures , catcchifing of their children , and families , examination of their own hearts and wayes , and such like holy duties : where as the doctrines of its beginning at midnight or morning light ( as wofull evperience witnesseth ) makes many spend a great part of the satturday evening and night , ( when the sabbath and lords-day begin in true calculation ) especially in cities and market towns , in buying , selling , drinking , gaming , who●ing , and such like worldly or carnall imployments ; which this doctrine of its commencement at evening would easily redresse . 2. it causeth men to go to bed , and take their rest in due season , to rise the more early in the morning , to come to the publick duties of gods worship , with greater chearfulnesse , and better preparation , and so to receive more profit by them : to resort more timely to the church , to dispatch their own private devotions , before they go to the publick assemblies , and to be every way more holy and active : wheras the other midnight or morning inception of it , makes trades men & others to set up saturday nights ( as we erroneously both call and repute them , very late about secular , or vi●ious , sinfull imployments ( there being more sinnes for the most part , and disordrs committed that evening and night , then on any , or all the other six : to lie long in bed the lords day morning ; to come very late to church , or not at all ; to repair to publick duties without any , ( or at least with small ) preparation , bringing along with them heads , and hearts full of worldly cares , of sinfull thoughts , of unlamented iniquities , and as full of deadnesse , and drowsinesse ; which makes them either to sleep out prayers and sermons too , or not to observe and mind them , as they ought : all which the evening , beginning thereof would readily & best prevent . wherfore i may safely conclude , that the sabbath and lords-day ought of right to b●gin at evening since god ( being * only wise ) would certainly institute such an inchoation of them , as might best prepare and enable men to their sanctification , and most anticipate their prophanation ; the cause why he prescribed the celebration of the sabbath from even to even , levit. 23. 32. if i righly conjecture . 9. it is confessed by all , that in the scripture and israelites account , all dayes began at evening , as i have proved at large before : it is likewise most certain that christ and his apostles being israelites , did ever constantly observe the scripture , and their own nationall computation of the beginning and end of dayes , it being that which christ himself , and all the evangelists follow , as i have evidenced at large , in the third and fifth conclusions ; neither is it any way probable that christ and his apostles , ( or the primitive-church and christians , who were in all things guided by them ) did or would alter this their nationall and divine beginning , or concluding of dayes , there being no ground or reason for it , for ought that yet appeares . if therefore the lords-day were instituted and consecrated for a sabbath , by christ himself , as many or by his apostles , as most ; or by the primitive church christians onely , soon after the apostles time , as others affirm ; ( one of which three opinions is and must be granted by them for undoubted truth ) then it is most certain , that it must and did ( at its very first institution and observation ) begin and end at evening ( not at morning or midnight or b●cause christ himself , his apostles , and the primitive church did ever constantly observe this computation ; therfore they would not , did not institute any other beginning of it , but this alone : which reason ( in my poore weak apprehension ) is so solid , that it admits of no evasion or reply . lastly , that beginning and end of the lords-day , which the church & people of god in all ages , from the first institution of the lords-day to this present age , have constantly observed , and the church and learned in those ages pofitively in expresse terms resolved , to be most true and genuine , is * questionless the proper infallible inception & conclusion thereof ( this no man i presume , either will or can deny . ) but this beginning and ending of the lords-day at evening , which i here pl●ad for , is that which the church and people of god in all ages , from the first in stitution of the lords-day to this present age have constantly observed , and the church and learned in those age , have positively in expresse termes resolved to be most true and genuine : none ●ver oppngning i● till q wolphius , about some sixty years since , the first i find or hear of , that broached ●● is new opinion of its beginning at morning , because our saviour did then rise again ; whose authority and sophisticall reason ( a meere non sequitur , as i shall prove anon ) hath s●duced and drawn over many unto his opinion , both in their judgements and practise too ) therefore it is questionlesse the proper infallible inception and conclusion thereof . the minor which is onely liable to exception ( and may seem a paradox to some , who over-rashly stile this position of the lords-dayes beginning at evening , an upstart novelty never heard of in the church of god till this present age , in truth because th●mselves are ignorant in antiquities , and versed onely in late modern writers , who fome●t the contrary error , which i da●e affirm , to be the late sigment of some modern auth●●u●s , not once so much as heard of in any former ages , which i here challenge them to disprove : ) i shall make good by unanswerable reasons and authorities , ( as i conceit them ) even from the very apostles time to this present century ; and that in a chronologicall method , beginning with the primitive times , and so descending in order to this present age . it is a querie , not yet resolved amongst divines , when and by whom the observation of the lords-day for a sabbath , was instituted ? some hold it was instituted by christ himself between his resurrection and ascension : others that it was instituted by the apostles after christe the ascention , but at what certain time they do not accord . a third sort affirm , that it was ordained onely by the primitive church , and christians a little after the apostles times , or as the * council of paris and others affirm , by the council of laodicea , about 360 yeares after christ , but not by christ or his apostles . for my own part , as i shall not peremptorily resolve in this place , which of these opinions is the truest , it being not the scope of this present discourse : ●eferring you to mr. sprint , dr. bownd , mr. widly , mr. dod , mr. cleaver , mr. bernard , dr. twisse , bishop andrews , the practise of piety , mr. elten and others , who have written of this subject , & on the fourth commandement , for satisfaction herein , which requires a particular tract. so i shall on the other side positively affirm , that let the lords-day be instituted either by christ himself , or the apostles , or the primitive church and christians succeeding next after the apostles , about the end of the first century after christ , ( at which ti●e it is clear by the testimonies of ignatius , clemens alexandrinus , justin martyr , tertullian , irenaeus , plinie , and others , that the lords day was usally solemnized by christians ) yet the fi●st institutors of it , and the primitive christians who first observed it , did ever begin and end it at evening , which i shall make good by these reasons , ( there being no direct convincing authority ●●●ant , either when the lords-day was first instituted , or ●t what time it was first appointed to begin . ) 1. if christ or the apostles constituted it for a sabbath , it is more then probable , if not certain , that they ordained it to begin and end at evening . 1. because they being all jews , and ever exactly following the scripture , and their own nationall account , of commencing the day at evening , as i haue formerly euidenced ; we cannot conceive that they should institute any new beginning of the lorde-day , at midnight or moruing , contrary to the scripture , and their received count●ey account , but that they still observed this usuall and divine computation , even in the institution , and solemnization of this day . 2. because this beginning of this day being immutable , and in * god the fathers power onely to alter , not in theirs ; it had been a presumption in them to change it , without a speciall commission from him ; the times being still in his power , even at christs ascension , not in christs or his apostles , acts 1. 7. but we never read of any such commission granted them to alter this day from evening to morning , therefore it is presumption , yea folly to believe or assirm it . 3. because the lords-day ( as all sides accord ) was instituted in memory of christs resurrection on the first day of the week . now the first day ( as i have manifested ) began and ended at evening in divine evangelicall account , even as our saviours resurrection day ; neither did his resurrection on it alter its beginning from evening to morning : therefore the lords-day being but the first day of the week , and having the same beginning and setting as christs very resurrection day had , must begin , and end at even , at its primitive institution and observation : neither did or could the institution of the first day of the week for a sabbath , in memory of christs resurrection , change the beginning of the day , since christs resurrection it self in the morning , ( the supposed cause of this alteration ) did it not . 4. because christ , or his apostles ▪ would never consecrate a day in memory of the resurrection on it , within the compasse of which day christ did not rise again : for that were a great absurdi●y : but had they consecrated a lords-day to begin at morning from day-breaking , or from the very time that christ ar●se ( which is uncertain , unknown , and so this lordsdayes beginning too ) they had instituted such a lords-day within the compasse of which christ did not rise , he being risen before day-break , whiles it was dark matth. 28. 2. john 20. 1. and his resurrection being but the point , from which the day begins , and so not within it , on it , but before it . therefore they instituted it to begin at evening , not at morning . 5. it is certain , that christ himself , his apostles , and the primitive christians , for some good space of time did constantly observe the seventh day sabbath , after christs passion , and resurrection ; the evangelists , and saint luke in the acts , ever stiling it , the sabbath-day , ( which name it yet retains in * latine ) and making mention of its conscionable solemnization by the apostles , and other christians . mark 16. 1. luke 23. 56. see mark 15. 42. and luke 23. 54. matth. 24. 20. acts 1 12. c. 13 , 14 , 27. 42. 44. c. 14. 1. c. 15. 20 , 21. c. 17. 1 , 2 , 10. and c. 18. 4. it being still solemnized by many christians , after the apostles times , even till the council of laodicea , about the year of our lord 360. as ecclesiasticall writers , and the 29th canon of this council testifie , which runs thus , ſ quod non oportet christianos judaizare , & otiare in sabbato , sed operari in eodem die . ( which many did refuse at that time to do : ) praeferentes autem in veneratione dominicum diem ( there being then a great controversie among christians , which of these two dayes , the seventh day sabbath , or the lords-day should have precedency , t both of them being then observed by some ) si vacare voluerint , ut christiani hoc faciant ; quod si reperti fuerint judaizare anathema sint à christo . since thererefore the seventh day sabbath was thus solemnized by christ , the apostles , and primitive christians , after the resurrection till this laodicean council did in a manner quite abolish the observation of it : it necessarily follows , that they began their lords-day celebration at evening . for the seventh day sabbath , ( as i have proved in the second conclusion ) did ever begin and end at evening , and is so solemnized and begun by the jews at this day : wherefore they concluding this day at evening , they must necessarily begin the lords day then , because the first day of the week which they celebrated as the lords-day , did then commence ? the evening following the seventh day sabbath , being apart of it in their account , and one day ever necessarily beginning when the other ends . to these five reasons i might adde those others formerly alledg●d to prove that the lords-day ought to begin at evening . all which being laid together , are an infallible proof ; that admit the lords-day instituted by christ and his apostles , yet it was ordained by them from the very first , to begin and end at evening , and so to be solemnized , and that themselves did thus begin it . if it were onely instituted by the primitive christians * succeeding them , no question but they at first concluded , that it should be sanctified from evening to evening , many of them being jews , who kept all their sabbaths and festivals from evening to evening , to whom the other christians did readily conform in this particular , because it was the scripture computation , even from the creation , and for other premised reasons . for the apostles themselves , and other christians condescending to them for a time , in the point of circumcision , purification , and other such ceremonies , quite abrogated by christs death , acts 21. 20 to 28. 1 cor. 9. 20. gal. 2. 14 , 15. c. 6. 12. would certainly concurre with them in the beginning and ending of their sabbaths , and sacred festivities , which were no wayes ceremoniall , nor altered , nor abrogated by christs death . from which premises i conclude ; that let the lords-day be instituted , when or by whomsoever , yet it was ordained in its primary institution to be solemnized from evening to evening , and that it was sanctified in this manner by its originall institutors . to put this out of question , i shall descend from the alledged reasons , to direct authorities , culling out some few of the chiefest in all ages , and pretermitting all the rest for brevity sake . i shall begin with the ancientest first , and so proceed in order to our present times . the first authority i shall insist on , is , that of acts 21. 7 , 8 , 11. ( which many object against me , though it be most pregnant for me ) and upon the first day of the week , when the disciples came together to break bread , paul preached unto them , ready to depart on the morrow , and continued his speech untill midnight : and there were many lights in the upper chamber where they were gathered together , &c. when therefore he was come up again , and had broken bread , and eaten , and talked a long while , even till break of day , so he departed . this is the very first and best scripture authority properly alledged for the solemnization of the lords-day , by the apostles and christians of that age , who began the celebration thereof at evening , not at morning or midnight , as is plain by this text . 1. because their solemnizing of it begun no doubt at that time , when as they came together to break bread ; that is , to receive the sacrament , as most , or to keep their agape or love-feasts , as others interpret it ; or rather ( in truth ) to do both : but the christians in that time did both celebrate the sacrament and keep their love-feasts at u evening , in imitation of our saviour , who first instituted and kept the sacrament at evening , after supper , luke 22 , 20. john 13. 2 , 4. c. 21. 20. whence it is called the lords supper , 1 cor. 11. 20. see luke 14. 12 , 16 , 17 , 24. rev. 19. 9. 17. this is manifest by 1 cor. 11. 20 , 21. when ye come together therefore into one place , this is not to eat the lords-supper : for in eating every one taketh his own supper ; and one is hungry and another is drunken : now this text styling the sacrament , the lords supper , and informing us , that the corinthians did usually receive it after they had eaten their own suppers ; and that some were drunk when they came to receive it ( and in those times , they that were drunk , were drunk in the night , 1 thes. 5. 7. ) ascertains us , that this their coming to receive the * sacrament and keep their love-feasts , was at evening or candletining , when it was supper time . 2. because the text saith , there were many lights in the upper room where they were gathered together ; and that paul preached from the time of their coming together till midnight : both which do manifestly declare their assemblies begun at evening , as they anciently did , because there were many lights in the room where they met , which were lightted ( as the text insinuates ) before , or so soon as they assembled in it : and because it is not probable that paul ( who begun his sermon when they came together , as the words imply ) did preach from midnight , or the morning before , till midnight following , there being never such a sermon heard of : but onely from candle tining till midnight , the space of four or five hours . 3. because the christians in the next succeeding ages , ( as is manifest by y plinie and z tertullian ) did begin their christian meetings , and love-feasts at evening , whence they likewise stiled them a supper ; which tertullian thus describes , coena nostra de nomine rationem suam ●stendit . vocatur enim agape , id quod penes graecos dilectio est . non prius discumbitur quam oratio ad deum praegustetur : editur quantum convenientes capiunt ; bibitur quantum pudi●is est utile : ita saturautur , ut qui meminerint , etiam per noctem adorandum sibi deum esse : which shews that they began their feasts and christian exercises , ( which he here conjoyns ) at evening , and continued them all night , as saint paul , and the disciples at troas did . ( which meetings theophilus alexandrinus in his epist. paschalis 3. 3. bibl. patrum , tom. 4. p. 723. calls vespertina congregatio . ) post aquam manualem ac lvmina ( which manifests they kept their assemblies by candle light , and so begun them at evening ) ut quisquis de scripturis sanctis , vel de proprio ingenio potest , provocatur in medio deo canere ; ( which a plinie the second stiles , carmenque christo , quasi dicere secum invicem ; ) hinc probatur quomodo bibent . a●què oratio convivium di●imit : inde lis disceditur , non in catervas caesionum , neque in classes discursationum , nec in ●ruptiones laseivorum , sed ad eandem ●uram modestiae , & pudicitiae , ut qui non tam coenam coenaverint , quam disciplinam . which usage well explains this place of the acts . it being apparent then ( as the subsequent antiquities will more abundantly manifest ) that this meeting of the disciples at troas , and pauls preaching to them began at evening . the sole doubt will be what evening this was ? whether that which we call sunday night ( as many erroneously mistake ) or saturday night ? ( which is the lords-day night if any : ) for my own part i conceive clearly , that it was upon saturday night , ( as we falsely call it ) not the ensuing sunday night . for admitting the lords-day was then instituted for a sabbath ) ( which those of the opposite opinions grant and i consent to ) there will be no great question of it . 1. because if the christians at troas observed this first day of the week as their sabbath , no doubt but this their meeting to solemnize it , and receive the sacrament on it , was rather that evening which began , than that which ended the lords-day , in their account ; else they should have begun its solemnization onely when it ended , whi●h is improbable . but our sunday evening ( on which some affirm this meeting ) ended , not commenced the lords-day in their account , they ever beginning their dayes the evening before , as the premises manifest : therefore this assembly , was on our saturday evening , there being no mention of any meeting , the day or evening before . 2. because the christians , in the next succeeding ages , ( as i shall prove by the following testimonies ) did ever begin their lords-day assemblies and solemnities on saturday evening ; solemnizing it from evening to evening , because the first observers of it did so . therefore it is more than probable , that these christians at troas did so too . 3. because saint luke records that it was upon the first day of the week , when this meeting was , and this sermon of pauls made ; therefore it must needs be on the saturday , not on our sunday evening , since the sunday evenning in s. lukes , and scripture account , was no part of the first , but of the second day ; the day ever beginning and ending at evening , in their computation , as the premises evidence . 4. all my opposites confesse , that the disciples met at this time , upon the first day of purpose to sanctifie it for a-sabbath ; and can they then think that they would defer their meeting till our sunday evening , when all the day in their accompt ( and the best , the chiefest part of it in their compute , who begin it at midnight or morning ) was expired ? certainly , this had been to make the lords-day no festivall day at all , or at most not so much as an half-holy day ; which we cannot presume these disciples , and s. paul would dodid they observe it as their sabbath : from all which reasons i may more then probably conclude , that it was the saturday evening ( when the lords-day began ) not the sunday night ( when it ended ) when this divine assembly was kept ; the rather because they received not the sacrament , nor brake this bread till after midnight , as the text affirms ; and so after the lords-day ended even in the accompt of such who affirm it ends at midnight : and because this beginning of their assembly when the day begins , makes most for the apostolical divine institution and sanctification of the lords day ; for the which this text will little avail , if this assembly on it , were on our sunday night , when the day was either wholly or for the most part expired , and so this meeting no warrant for its totall sanctification . but against this it will be objected , first , that saint paul departed from tro● the very next morning at day-break ; which he would not have done , had it been part of the lords-day , for he would not have taken this journey then , l●st he should have prophaned it . besides , the text saith , that he was ready to depart on the morrow ; which signifieth another day , not the same : therefore this night must needs be our sunday night , his departure being on the morrow , to wit on our monday , the next day after it . to this i answer , first , that it is clear by acts 20. 6. that saint paul ●ame to troas upon the lords-day : for he stayed there seven dayes , and upon the first day of the week , he thus preacheth till midnight , ready to depart in the morning : so that the first day was the last of those seven dayes , and the first day of the week preceding it , the day on which he came to troas : paul therefore might as well depart on this day from troas , as he came unto it thereon . and that without prophanation of the day : for he came and went by ship , verse 6. 13 , 14. and so might sanctifie the rest of the day a ship board , ( as our marriners and passengers who sail on the lords-day , as well as other dayes , use to do ) because the wind and ●ide then serving , and the ship in which he was to sail , being to depart that morning , there was a necessity for him then to go a ship board , else he might have lost his passage : which necessity and circumstance of sai●ing away that day , made this his departure on it , no violation of the day : works of necessity , being no breach of the sabbath , as a christ himself , and all divines resolve : the rather here , because he might preach and spend the rest of the day in the ship as profitably as on the shore , and the mariners might likewise now set sail ( the wind and weather serving ) without prophanation of the day , as they still usually do in all places . 2. i answer , that the morrow , hath a double signification in scripture . sometimes it is taken for the next b evening or naturall day : other times it is taken for the next morning or day-light , or that which we usually call day , in opposition to the night : not for the next naturall day , which begins at evening , but the next artificiall day of twelve houres day light , which begins at morning . in this sense it is used most commonly in scripture , witnes levit. 22. 30. when ye will offer a sacrifice of thanksgiving to the lord a● your own will : on the same day it shall be eaten up ; ye shall leave none of it untill the morrow : compared with levit. 7. 25. which speaking of the same offering , saith , he shall not leave any of it till the morning . ( see exod. 12. 10. c. 16. 19 , 23 , 24. where there is the same expression ) in which texts the morrow , is nothing else but the morning following : for had this offering been at evening , or night , when the naturall day begins in scripture accompt , yet they might , not have reserved any of it till the morning , for that had been to morrow , as morrow is opposed to the night not to the naturall day . so in 1 sam. 19. 11. saul sent messengers to davids house that night to watch and to slay him in the morning : and michall told him , saying , if thou save not thy life to night , to morrow thou shalt b● slain . where morrow is not put for another naturall day ( that morrow in scripture and the jews account being part of that naturall day , of which this night was the beginning ) but onely for the day-light , or artificiall day , being the same naturall day on which these words were spoken . thus it is used in 2 sam. 11. 9 , 12 , 13 , 14. esther 2. 14. so zeph. 3. 3. her judges are evening-wolves , they gnaw not the bones till the morrow , that is , till the morning following . and acts 23. 31. 32. then the souldiers took paul by night and brought him to an●ipatris : on the morrow they left the horsemen to go with him . in all which places the morrow is put onely in opposition to the preceding night , and for the day light following ; ( which night and morrow make up the same naturall day ) not for the beginning of the next en●uing naturall day , or for another day . hence the scripture useth this phrase : the morrow after that day , or after the sabbath . levit. 23. 11 , 15. josh 5. 12. 1 chron. 29 , 21. because there is a morrow opposed to the night , wherein a thing is done or spoken , which is a part of the same naturall day , that the night is . in this sence morrow must needs be taken here : for this meeting beginning but at night , and paul continuing his preaching untill midnight following , ready to depart on the morrow : this morrow was nothing but the next morning ; which was a part of that fi●st day , on which the disciple met , as it was a naturall day consisting of twenty four houres , and beginning but that evening ; not another day of the week , or our monday morning , as some affirm . this morrow therefore being but the next morning , and opposed to the night onely , ( not to the naturall day on which this assembly was kept at troas ; and this night being part of the fi●st day of the w●ek ( which as a natural day in scripture accompt b●gan at evening ) could be no other but the lords-day morning , not the monday following ; and this meeting ( ●s the promised reasons prove ) could be no tim● else , but our sa●u●day night , notwithstanding this o●j●ction . so that i may safely conclude , that saint paul and the christians of troas ( the fi●st solemnizers of the lords-day that we ●ead of ) did begin its solemnization at evening , not at morning or midnight : wherefore we ought to begin it then . this is my first authority in point of practise , to prove , that the primitive christians began the lords-dayes sanctification at evening . my next evidence is that of a plinie the second , who writes thus to the emperour trajan , concerning the time , and manner of the christians solemnization of the lords day . soliti erant stato die ante lucem convenire carmenque christo , quasi deo dicere secum invicem ; seque sacramento non in scelus aliquod , astringere , sed ne furta , ne latrocinia , ne adulteria committerent , ne fidem fallerent , ne depositum appellati denegarent , &c. by which it is evident , that the christians in that age ( a time of persecution ) and after ages too , did b usually meet together to receive the sacrament , and perform their holy exercises , at night , when it began to grow dark , and concluded them at day-light or about day-break , ( as the disciples did at troas , acts 20. 7. to 12. ) which assemblies some ecclesiasticall histories call , antelucani coetus ; night-assemblies , or meetings , before day light ; not because they began in the morning about day-break , as some would have it ; but because they both began and ended be●ore day-dawning ; the christians in that time of persecution , not daring to meet publickly in the day time for fear of apprehension . now this set night on which they kept those assemblies was not our sunday , but our saturday night , on which our saviour arose whiles it was dark : and in honour of his resurrection did they begin and keep their lords-day solemnization , on this night , not the night ensuing , as is evident by justin martyrs second apology , with other ensuing testimonies . and these their night conventions were the occasion of those slanderous imputations which the gentiles cast upon the christians ; c that after their exercises of religion ended , they did use to put out the lights ( used to expell the darknesse of the night , acts 20. 8. ) and then couple promiscuously one with another , yea murther and eat up children , and commit all manner of villany . since therefore they began their lords-day exercises at evening , before day light began ; as this heathen authour and all ecclesiasticall historians writing of this age , accord ; we need not doubt , but the day in their acc●mpt did then begin ; since they would not begin the exercises of the day till in truth it began . my third authority is that of tertullian about 200 years after christ ; in his a●ol●gy for the christians , c , 38 , 39. ( the words whereof i have already alledged ) and de corona militis c. 3. where he writes thus . eucharistiae sacramentum in tempore victus , & mandatum à domino , antelvcanis caetilvs , nec de aliorum manu quam praesidentium sumimus : wch expresly shews ; that the christians of that age did begin their publick lords day meetings , and love feasts in the evening , and spending the saturday night ( as we falsly deem it ) in gods worship , receiving the sacrament and other holy duties ; which night assemblies he stiles , b nocturnae convocationes ; because they spent the greatest part of that night in them : nocturnae properly , not morning , or early risings and mee●ings before day , but a watching or fitting up all night , without going to bed , or taking rest , as the common proverb , nocturnae lucubrationes periculosissimae sunt ; compared with its opposite adagie , diluculo surgere saluberimum est ; and isa. 30. 29. luke 2. 8. c. 5. 5. c. 6. 12. john 3. 2. gen. 31. 39 , 40. num. 14. 1. josh. 10. 5. prov. 31. 18. psal. 119. 75. with other scriptures , testifie . but to passe by examples , and come to direct authorities . 4. my fourth testimony is that of athanasius , the great anti-arrian bishop of alexandria quaestiones ad antiochum : quaest . 52 , 53. p. 380. neque contra nos afferrent judaei , quod in sabbat● surrexerit christus , ideo eorum or a longe ant● obturavit deus , lege illis data ; ut a vespera or●inentvr diem sabba●i . cur hanc ●b causam & nobis deus praecepit , a vespera sabbati ordiri dominicum ? responsio . non ob eam causam : sed postquam deus gentes ex tenebris ignorantiae , & ex lege ad lucem cognitionis dei & evangelii vocavit ; convenienter san● nobis praecepii resurrectionis ipsius diem , a vespera inchoare & ad lucem perducere . indecorum enim , & inconcinnum fuerat a luce ordiri , & in noctem & tenebris desinere christi verae lueis dies a most express resolution , that the lords-day ought to begin from saturday evening , and that it is both unseem●y and unfit to begin it from the morning . answerable to which is that of anselm . enarrationes in math. 28. v. 1. 2 operum , tom. 1. p. 116. o do temporum habet , ve●peran magis tenebrescere in noctem qu●● lucescere in di●m : sec mysticè dicit lucescere , pro gloria resu●●●●●ionis immin●n●is . huc usq●e dies noctem dicebatur praecece●● . nune ordo mutatur ▪ & nox qua surrexit , d●e● , qua se ostendit , adjuncta est. et congruè●● us drem nox s●●u●batur , quia à luce homo in tenebr as cecide●●● . nunc vero dies sequitur notem , quia per resurectionem à peceatis ad vitam reducimur . which passage is almost verbatim recorded by haymo halberstatensis homiliar um pars aestivalis ; coloniae 1531. hom. in die sancto paschatis p. 7. 8. and by christianus grammaticus expositio in matthaeum evangelistam ( c. 28 v. 1. ) bibl. patrum tom. 9. pars 1. p. 491. d. e. by zacharias crysopolitanus in unam ex quatuor bibl patrum tom. 12 p●rs 1. p. 203 , 204. a. isidor hispalensis de natura ●erum . c. 1. p. 246. gratian . sentent l 2 distinct 13. e. and others . my fifth authority is ●●● c●uncil of laodicea , about the year of christ 360. whic● as i● first setled the observation of the lords-day , and prohibited , abolished the keeping of the jewish s●●b●●h under an anathem● . can. 49. fo●●●i●ed so it th●● posi●ively determined : vt a vespera usque ad vesperam dies dominica servetur : as is recorded capit. caroli & ludovici imperatorum . lib. 1. c. 15. collected by ansegisus & benedictus levita ; & fredericus lindebrogus codex legum autiquarum p. 833. my sixth evidence is the expresse testimony and resolution of saint augustine , the eminentest of all the fathers , de tempore sermo 251. observemus ergo . diem dominicam fratres , * & sanctificemus illam , si●ut antiquis praeceptum est de sabbato . ( levit. 23. 32. ) a vespera usque ad vesperam celebrabitis sabbata vestra . videamus ne otium nostrum vacuum sit ; sed a vespera diei sabbati usque ad vesperam diei dominicae sequestrati à ruralt opere , & ab omni negotio , solo divino cu●●ui vacemus . ve●iat ergo cu●cunque possibile sit ad vespe●●nam atque noctvrnam celebrationem , & ●r●t ibi incouveniu ecclesiae pro peceatis suis d●um , &c. an authority so full for the celebration of the lords day from evening to evening , in that age , that it cannot be shifted nor avoyd●d , and a direct resolution in expresse terms of our present qu●stion . my seventh . is pope leo the first , epistolarum decretalium epistola 79. which y●u shall find in the second part of his own works , in juo carnotensis decretalium , pars 6. c. 71. gratian . distinctio 75. & de consecratione distinctio 3. & in surius conciliorum tom. 1 p. 789. where he thus resolves our question : quod ergo à patribus nostris propensiore cura novimus esse servatum , à vobis quoque volumus custodiri , ut non passim diebus omnibus sacerdotalis ordinatio celebretur , sed post diem sabbati , ejusdem noctis quae in prima sabbati lucescit exordia deligantur , hoc est sub lege divini officii substiuantur , in quibus his qui consecrandi sunt jejunis , & ●ejunantibus , sacra benedictio conferatur . quod ejusdem observantiae erit , si mane ipso dominico die continuato sabbati jejunio celebratur à quo tempore praecedentis noctis initia non recedunt ; quam ad diem resurrectionis , sicut etiam in poscha domini de laratur . pertinere non est dubium . so that it was past all dis●ure , and doubt in his time , that the lords day began at evening , and that our saturday night was part of it . then it follows . nunquam benedictiones nisi in die demini●ae resurrectionis tribuuntur , a cui a vespere sabbati initium constat asscribi from which text of his , juo carnotensis : anno dom 1100 gr●tian anno 1170. in their for●n●med pl●ces , together with panormitan , antonius de bru●io , joannis thye●ey , bartholomeus brixiensis : and all other can●nists in their glosses on the fore-quoted texts of gratian ( where these words of leo are recited ) resolve without dispute : quod dies dominica initi um habet a vespera sabbati : quod probat per consuetudinem , & etiam per doctrinam apostolicam . quod vespera praecedentis noctis trahitur addiem sequentem , ut sive de vespere in sabbato , sive de mane in dominico ordines conferantur , semper in die dominico videantur conferri : all of them according , that the lords-day begins and ends at euening , not at morning or midnight . a truth so clear in that age , as it was past all doubt , the b scots and irish christians about the year 597. and before , beginning the lords-day at evening , as bishop vsher attests . my eighth testimony , is the second council of mascon , canon 1. apud surium ; concil. tom. 2. pag. 682 , 683. custodite diem dominicam quae nos denuò peperit , & à peccatis omnibus liberavit . nullus vestrum litium fomitibus vacet , &c. estote omnes hymnis & laudibus dei animo corporeque intenti . si quis vestrum proximam habet ecclesiam , properet ad eam , & ibi dominico die semetipsum precibus , lachry misque afficiat . sint oculi manusque vestri toto illo die ad deum expansae . then it follows ; noctem quoqve ipsam quae nos insperatae luci inaccessibili reddidit ( to wit our saturday night before easter , on which christ rose again ) spiritualibus exigamus excvbiis : nec dormiamus in ea , sed oremus & vig●lemus operibus sacris , ut digni haberemur cohaeredes fieri in regno servatoris . which canon proves , that the christians of that age did solemnize our saturday night ( before easter especially ) and sp●nd it all in holy vigils , prayers , and religious exercises , because christ rose upon it , accounting it a part of the lords-d●y , and beginning their lords-day exercises on it , not on our sunday night . my ninth proof is , the fourth council of toledo in sp●in , canon 8. apud surium . tom. 2. p 729 lucerna & cereus in pervigiliis , apud quasdam ecclesias non benedicuntur & eur à nobis benedicantur , inquirunt propter gloriosvm enim noctis illius sacramentum hae● sol mniter benedicimus , ut sacramentum sacrae resurrection●s christi mysterium quod tempore huius noctis votive advenit , benedictionem suscipiamus . et quia haec observatio per multarum loca terrarum regionesque hispaniae in eccles●is commendatur , dignum est ut propter unitatem pacis , & gallicanis eccles●is conservetur . nulli autem impune erit , qui hoc contempserit , sed patrum regulis sub acebit . by which canon it is most apparent , that the christians of this age did solem●ize our saturday night with holy vi●ils , prayers and exercises of religion , beginning their publick assemblies and lords-dayes duties on it , because the glorious sacrament , and mystery of christs resuriection hapned on it , the blessing whereof they expected to r●ceive by this nights sanctification . therefore questionlesse they began their lords-day at evening , and made this night onely , not our sunday night , parcell of it ; because christ in their accompt did rise again upon it . neither was the celebration of this night the practise onely of some few private churches , but of all christian churches in that centurie , since this councell layes it down as a prevailing argument , why all churches should consecrate their candles and tapers on it , as well as the spanish church , and churches in france ; which had been no motive at all , had not the solemnization of this night in memory of christs resurrection , been universall , though the superstitious ceremonie of hallowing lights and tapers on it was not so . which general received practise of solemnizing this night , & spending it thus , in vigils & prayrs , even from the apostles time , till long after this councill , is a satisfactory argument to me , that saint pauls and the disciples meeting at troas upon the first say of the week ( where they spent the whole night together in preaching and other christian exercises acts 20. 1 , 9 , 10 , 11 ) was on our saturday , not sunday night , it being no doubt the originall pattern from whence this custome sprung which this councill mentions . my tenth evidence is the expresse inanswerable authority of anastatius sinaita , anagogicarum contemplationum lib. 2. quaest. 86. 152. 153. bibl. patrum tom. 6. pars 1. p. 634. e. 778. 795. propterea scriptura tenebras ponit ante lucem , quoniam prius eramus in errore , deinde transeamus ad lucem . propterea prior est vespera , deinde dies . lege est constitutum ( it seems there was then some expresse law and canon for i● in force ; as these forecited ) ut inciperetur a vespera , dominica , quoniam à morte objeu●a , proce ●imus ad lacem resurrectionis . nos dominicam a vespera sabbati auspicamur ( so that ●● was the constant practise of christians in that age to begin the lords day on saturday at evening quemlibet d●em a vespera computare , et cum prae●edente nocte seu unum copu●●re solemus ( which last word implies a constant custome in that time ) sedenim & moyses vaeationem à laboribus in sabbato it a d●scripsit , vt et raecedente nocte , et seqventi die otivm agerent . testes do judees qvi vsqve inhodiernvm diem id obsrvant . qui●pe qui non illam noctem quae sabbatum subsequitur , sed illā qvae antegreditvr cessatione ab operibus quiete colunt . ( this therefore was and is the jewish and scripture computation ) et nos in observatione diei dominici praecedentem noctem tanquam cum die copulatam , et non sequentem noctem veneramur . an evidence so expresse , so punctuall , as may satisfie all the opposites , and cannot be evaded . my eleventh testimony , is the positive resolution of an whole generall council , and so by consequence , of all christian churches in that age ; to wit , the sixth generall councill of constantinople , can. 56 surius conciliorum . tom. 2. p. 1052. dominicis genu flectere à divinis nostris patrievs , christi resurrectionem honorantibus , canonicè accepimus ( the first generall councill of nice , canon 20. having so decreed : ) ne ergo hujus observationis evidentiam ignoremus , fidelibus manifestum fa●imus , quod post vespertinum sacerdotum ad altare sabbato ingressum , ex consue●udine quae servatur nemo genu flectit usque ad sequentem vespe●am , in qua post ingressum in vespertino seu completorio , genua rursus flectentes , domino preces offerimus , servatoris enim nostri resurrectionis veluti praecursorem noctem quae suit ante sabbatum , accipientes , hymnis ab ea spiritv aliter incipimvs : festum ex tenebris in lucem finientes , ut in persecto ae integro die ac notce , nos resurrectionem celebremus . a most full unanswerable authority , if a li●tle explained . it was the received custome of the primitive church , as this canon & all antiquity witnes , to pray standing not kneeling , all the whole lords-day in memory of our saviou●s resurrection , & standing up again from the dead : whence these their lords-day exercises were called , * stationes ( à stando ; in english stations ) because they ever stood , and never kneeled in them . now this custome of praying standing , used onely on the lords-day , and between e●ster and ascension day , began and ended with the day . the question then will be , when , and at what time of the day , this praying standing , began and ended ? this canon resolves it in plain terms , ( and that by way of declaration onely , not of new constitution , ) that all the churches and christians of this age ( ex consuetudine quae s●rvatur ) even by an ancient long continued custome received from the christians and church●s of former ages ; and then observed onely , not begun ; did alwayes begin to pray standing , after their saturday vespers , or evening prayers were ended , ( to wit , at the time of the evening , when the day in divine and naturall accompt begins ) and concluded them after the lords-day vespers , or complein ended , to wit , the lords-day at evening , when the lords day doth properly and truly end . by which it is most apparent , that they began and e●d●d their lords-day and lords-day exercises at evening , not at morning or midnight ; and that it was the constant custome of all christians in former ages so to do . again it assures us , that it was the custome of all churches , then , and in foregoing times , to couple the saturday night , and the lords-day together , and to solemnize them in memory of christs resurrection , as one intire lords-day ; b●●inning and spending all the saturday night with hymnes and spirituall duties . so that this councill is a most clear satisfactory proof both in point of doctrine and practise , that the lords-day ought to begin and end at evening , and was actually so observed by all christians of this and former ages . i wonder therefore why some , who think themselves learned , should so far for●et themselves , as to call it an upstart novelty , not heard of in the church till now of late , it being ever the received doctrine and practise too , of all churches , christians , till within 70 years last past . my twelfth proof is the famous english council at berghamstede , under withred king of kent , an. christi 697. in spelman : concil. tom. 1. p. 195. can. 10 , 11. si in vespera praecedente diem solis post quam sol occubuit , aut in vespera praecedente diem lunae post oceasum solis fervus ex mandato domini sui , opus aliquod servile egerit , dominus factum 80. solidis luito . si servus hisce diebus itineraverit , domino pendet 6 solidos , ●ut flage●o caedatur . si liber homo id faciat , tempore vetito , sit reus collistrigii mulctae : & qui eum detulerit dimidium habeat , tam mulctae tam wi●gildi by which law it is most evident ; that the lords-day began and ended at evening after sun-set ; and was to be sol●mnized from evening to evening , without doing any ser●i●e work on sunday nights after sun set , as well as on saturday nights , though the lords-day then actually determined . to which i shall adde that of venerable b●da our learned countreyman , in his homily on matthew 28. verse 1. quoted by bartholomaeus brixiensis in his glosse upon gratian distinct . 75. in die ista ( to wit , the lords-day , noctes incipiunt praecedere dies , ideo fortè ut tres dies & noctes haberi possint , in quibus domin●s fuit in ventro terrae , quod nec sic habetur nisi synechdo●hicè , vel declaratur : quia missa non decantatur in sabbato , sed in principio sequentis noctis , & dicitur ; deus qui hanc sacrtissimam noctem , &c. & ita est die dominica nox illa . a passage so plain for the lords days beginning on saturday at evening , that it needs no glosse , and this was the doctrine and practise of our nation then . my thirteenth authority is the synod of franckford , under charles the great , famous for the doctrine of images therein condemned , the 22. canon whereof ( apid achuini opera col. 1893 ) resolves our question thus . vt dies dominica à vespera usque ad vesperam servetur . a direct determina●ion of the point in difference . that the lords-day is to be kept from evening to evening . my fourteenth probation , is the expresse decree of the emperour charls the great himself , and ludovicus pius , capit . l. 6. tit. 186 apud fredericum lindebrogum codex legum antiquarum p. ●●8 . & apud bochellum decret. ecclesiae gallicanae l 4. tit. 3. c. 39. p 589. a vespera usque ad vesperam dies dominious servetur . what can be more full and punctuall than this ? which is seconded capit. l. 1. c 15. as a decree of the council of laodicea . my fifteenth , is concilium foro-juliense under the same charls , c. 13. apud suriū tom. 3. p. 266. diem autem dominicum inchoant . noctis initio , id est , vespere sabbati quae in prima lucescit sabbati , quando signum insonuerit , vel horaest ad vespertinum celebrandum , non propter honorem sabbati ultimi , sed propter sanctam illam noctem p●imi sabbati , id est , domini●i diei , cum omni reverentia & honorifica religione venerari omnibus mandamus . a canon so apparent for beginning the lords-day at evening , that it needs no illustration . my fixteenth , is the synod of towres under the same charles canon 40. apud surium . tom ▪ 3 p. 227. itemque interdicat ne mercata & placita usquam fiant die dominica , quâ oportet omnes christianos à servile opere in laude dei & gratiarum actione , usque ad vesperam perseverare ; which compared with the former canons , is a direct proof , that the lords-day begins at evening , because then the celebration of it by this canon , is to end . my seventeenth is the council of mentz , anno 813. recorded by juo caruotensis , decretalium par● 4. c. 16. which decres thus . omnes dies dominicos à vespera in vesperam cum omni veneratione & observatione decrevimus observare , & ab illici●o opere abstinere , &c. a pregnant testimony in this point . my eighteenth , is that of h rabanus maurus , homil● de dominicis diebus , in his works at large , edit. 1616. tom. 5. p. 605. where he thus resolves this question on my side . observemus ergo diem dominicam & sanctificemus illam sicut antiquis de sabbato praeceptum est , dicente legislatore , a vespera usque ad vesperam celebrabitis sabbata vestra . videamus ne otium nostrum vanum sit . vespera diei sabbati , usquead vesperam diei dominici sequestrati à rurali opere & omni negotio , solo divino cultui vacemus . to whom i may adde his coetanian haymo halberstattensis , homilia in die paschatis p , 7 , 8. who there resolves in punctuall termes , that the lords-day begins and ends at evening , not at morning ; and so ought to be solemnized from evening to evening . my nineteenth , is the councell of compendium , apud radulphum tungrensem , de canonum observantia , propositio 15. bibl. patrum . tom. 11. p. 445. f. tom. 14. p. 242. & apud alexandrum alesium , summa theologiae pars 3. quaest . 31. artic. 2. p. 145. both these authors being of the same judgement with this councell , which decrees thus . omnes dies dominicos à vespera usque ad vesperam omni v●neratione , devotione observari , &c. words most direct in point . my twentieth , is the authority of amalarius fortunatus , bishop of triers , who flourished about the year 920. de ecclesiasticis officiis , lib. 1 c. 12. bibl. patrum tom. 9. pars 1. p. 311. f. dominica nox in magna gloria celebratur , ut liquet omnibus qui morem nostrae eccl●siae ●enent . unde augustinus ex sermone ad populum vigiliis paschae . deinde sabbati dies à sua nocte incip●ens , finitus est vespere incipienti● noctis : quae pertinet ad imtium diei dominicae , quoniam eam dominus suae resurrectionis gloria consecravit . illius itaque noctis ad in●tium diei dominicae pertinentis , nunc istam solenniter memoriam celebramus . what can be more plain to testifie , that both in the judgement and practise of that age the lords-day did begin and end at evening , and that christ by his resurrection consecrated this night for his service , not the morning and day following it onely , excluding it . my 21. is the ecclesiasticall laws of edgar and canuius , two ancient kings of this island , recorded in lambards saxon laws , and in mr. fox his book of mart●rs , edit. 1610. p. 715. & spelmanni concilia p. 445 , 446. who both enacted , that the lords-day should be kept holy from saturday vespers at three of the clock till monday morning ; beginning the solemnization of it on saturday evening at * 3 of the clock , not at midnight or morning following , and continuing it till monday morning ; for preventing all prophanesse and disorders on our sunday night , as being more fit to be spent in holy duties , than servile works , or pastimes ; it being fitter to give god more time than he commands , than to rob him of the least minute . from these kings raigns , it was the constant custome of this kingdome for lab●u●ers , servants , & all others , to give over their week day works about saturday noon , or 3 of the clock , some space before evening service , that so they might repair to evening prayers that day , and after that begin the sanctification of the lords-day at evening , as is evident by the statutes of 4 h. 4. c. 14. 6 h. 6. c 3. and 23. h. 6. c. 13. which enact , that no labourers whatsoever , should take any hire for the festivall dayes , nor for the half dayes for the evens of feasts when they do not labour . which custome hath been observed in some places till of late ( within the memory of such who exceed not 50 years ) the saturday being esteemed an half holy day , and servants recreating th●mselves upon it a little before night , that so they might avoid all pastimes on the lords-day , and keep it holy from evening to evening . which ( together with the custome of observing holy-day eves , because those dayes began at evening ) is a manifest and direct evidence , that the church of england ( till of late some taught the co●trar● ) did begin the lords-day on saturday evening , even from these kings time , and long before ; and therefore should proceed to do so now . the same law was enacted by william king of scots . anno 1203 , which was likewise ratified by a scotish councill , as hector boetius lib. 13. de scotis ; & centuriae magdeburg . cent. 13. col. 932. lib. 48. & col. 788. l. 40. accord . viz. that sunday should be kept holy , from saturday at 3 of the clock , till monday evening ; that none should do any worldly businesse thereon , but be imployed onely in holy actions , and king alexander the third of scotland in a parliament , an. 1314. decreed , that none should fish in the waters , from saturday vespers til monday morning . my 22. is the decree of the councill of lyons , concerning holy dayes , recorded by juo carnotensis . decretalium pars 4 c. 14 & gratian de consecratione distinct . 3 fol 663. pronunciandum est laicis ut sciant tempora feriandi per annum , scilicet , omnem dominicam à vespera usque ad vesperam . upon which ba●tholomaeus brixiensis . ( on gratian's text ) gives this glosse : usque ad vesperam . hi● habes quando incipiat di●s secundum canones ; s●i●ic●t a vespera . gratian , juo , panormitan , hostiensis , with other canonists being of the same judgement too . what can be more direct or ●ositive than this ? the 23 is honorius augustodunensis , de imagine mundi , lib. 2 c. 27. de initio & fine dierum , bibl. patrum tom. 12. p 497. r. christiani diem dominicam à vespera usque in vesperam finiunt . my 24. is the synod under simon and galo the legat , apud bochellum , decret-eccles . gal. lib. 4. tit. 7. c. 14. p 578. & tit. 10. c. 12. p. 595. pronunciandum est laicis ut sciant tempora feriandi per annum id est , omnem dominicam , à vespera usque ad vesperam . nec ali●uis à vespera diei sabbati , ad vesperam diei domin●cae ad molendina aquar●m , nec ad aliqua alia molere audeat . a ull resolution in this controversie . my 25. is pope gregory the ●i●th , decretalium lib. 2. tit. 9. de feriis . c. 2 p 595. who determines thus . omnem dominicam vesperam à vespera usque ad vesperam●eriandum sanctam d●em dominic●m ab ho a diei sabbati vespertina inchoandam . it ne●ds no glosse being so di●●ct my 26. is the canon of the synod of angiers . apud bochellum decret. eccl●s . l. 4. tit. 10. p. 14. p. 578. inhibemus molitoribus etiam quibuseunque sub poena interminatione praedicta , & molendinarum dominis , nè ipsi diebus dominicis , maximè à vespera diei sabbati , usque ad vesperam diei dominicae molendina molire faciant aut permittant , non obstante longi temporis abusu , qui non usus censendus aut consuetudo , imò verius corruptela , cum tanta sint graviora peceata , quanto diutius infoelicem animam detinuerant obligatam , cum aliqua praescriptio contra praecepta decalogi locum sibi vindicare non possit . a direct evidence . my 27 , is a domestick provinciall constitution under simon isleep archbishop of canterbury recorded by lindwood , constit . provincialium l. 2. tit. de feriis fol. 74. b. and by joannis de aton : fol. 148. a. inprimis sacrum diem dominicum ab hora vespertina diei sabbati inchoandum , which needs no other glosse but lindwoods , who thence concludes , that the lords-day ever begins at evening : the constant ancient doctrine of our church : my 28. is an ancient english dialogue upon the commandements , intituled dives & pauper , first printed anno 1496 , and after reprinted by thomas berthelet the kings printer , anno 1536. . which book on the third ( our fourth ) commandement ch. 14. f. 132. &c. 6. f. 11● . demanding this question ; how long ought the holy day to be kept and hallowed ? resolves it thus , from even to even ; as raymundus , saith , and the law . ( extrau . l. 5. tit. de feriis . omnes dies ) we have ordained that all sundayes be kept with all manner of worship , from even to even ; and holy writ saith also , and god himself : from even to even shall you celebrate the sabbaths . my 29. is an old english treatise intituled , the flower of the commandements of god , printed at london , by wynkin de ward , anno 1521. ch. 3. on the third ( our fourth ) commandement , f. 31. 32. which thus determines . nothing is to be done on the sunday , but to be besied towards god , him for to honour . question , who so should demand , at what houre a man should begin to celebrate the feasts . the answer , regularly , men say , that from the one evenson unto the other even-song the chyrk make solemnity . it is written extrau . de feriis , & de consecratione distinct . 1. cap. missas ; omnes dies dominitos à vespera in vesperam decernimus observari . in like wise , saith the scripture , in many places . à vespera ad vesperam celebrabitis sabbata vestra . this scripture reproveth the fully of some simple men , the which reputeth not to be sin to labour and work late on the saturday at night , and ween that it is sin , to work onely on the monday in the morning . these two last authorities i h●v● cited at large , because they are punctuall , the books unknown to most ; and ●ully manifest the doctrine and practise of the church of england in that and former ages , to be fully consonant to my opi●ion ; though now out of ignorance of antiquity , r●puted a strange , unheard of novel●y , by ●ome who repute themselves no mean rabbies , and scorn the title of ignoramus , wherewith they upbraid all lawyers , though more knowing , more learned , than many of themselves . 30. to these i could h●ve added sundry others ; but to avoid prolixity , i shall onely remember the names and works of some late authors , from anno 1100. till this present , who expressely resolve . that the lords-day begins and concludes at evening . n●● to mention juo carnoten-gratian , alexander a●ensis , radulphus t●ngrensis , barthol●mae-brixiensis , joannis de thiery , antonius de brutio , gulielmus lindwood , joannis de aton , laurentius surius , or laurentius bechellus , who all concurre in this opinion in their f●re-named works , where the precedent canons and decrees are registred ; i shall onely refer you to thomas aquinas in 3. sentent . distinct . 37. art. 5. distinct . 11. qu. 2. art. 2. qu. 3. ad 2m 2a s●cundae . qu. 122. art . 4. tostatus abulensis in in exod. c. 20. qu. 12. hostiensis sum . l. 2. tit. de feriis sol . 142. joannis de burgo ( chanceilour of cambridge in henry●he sixth his raign ) pupilla oculip●rs 9. c 6. de feriis b. e. baptista trouomala in his summa rosella tit. feriae . sect 4 , 5. angelus de clavasio , in his summa angelica , tit. dies sect. 1. cavarruvius l. 4. c. 13. tom. 2. with all other canonists in the titles de feriis , & diehus festis , who all resolve in these very p●●si●ive terms . abstinendum est ab op●ribus omni die dominica . ab hora d●ei sab●●ti vespertina inchoando , non ipsam ho●am praeveniendo . quod feriation●m diet sabbati tenere d●bemus , à vespera ad v●speram , sci●icet ab ultima parte diei praecedentia vigiliae , quod dies quoad celebration●m divinaerum consideratur de vespera in vesperam : and that the whole day is to be wholly dedicated to god , and spent in his service and worship . which resolution is likewise seconded by fridericus lindebrogus in his glossarium : in cod : legum antiquarum . tit. dominicus dies , by learned hospinian de origine festorum . fol. 31. 68 , 69 , 70. 161 , 162. by mr. sprint in his treatise of the sabbath , with a sundry others : wherefore i shall close up these authorities with that of jacobus de graffiis , decisionum aurearum casuum conscientiae , pars 2. lib. 2. c. 13. de diebus festis , sect. 8. 9 , 10. p. 136 , 137. qua ad feriationem incipit dies vespera praecedenti , et finitur in sequenti vespera , &c. igitur secundum scripturam et ecclesiam festum incipit immediate post occasum solis diei praecedentis usque ad occasum solis diei festi . igitur ex his colligitur , quod nulla consuetudo potest excusare laborantes sabbato post occasum , vel in praecipuis solemnitatibus , cum fiat contra jus divinum . for which he quotes pisanus , verbo feriae , as concurring with him . from all which expresse concurring authorities ( which none ever contradicted before wolphius , for ought that can be proved ) to which i might subjoin the opinions and practise of mr. cotton , mr. hooker , with sundry other ministers and churches in new england ; i hope i may safely conclude ; that the church and people of god , together with the fathers , councels , and learned of all ages , from the very first institution of the lords day , to this present , have constanly resolved , both by their writings and practise too , that the lords-day doth , and ought of right to begin and end at evening ; not at morning or midnight , and that all former ag●s have thus constantly solemnized it ; as all these severall testimonies clearly manifest , beyond all contradiction or dispute . i have now ( i hope ) by all the premises sufficiently proved the truth of this posi●ion ; that the sabbath and lords-day doth and ought of right to begin and end at evening , not at morning or midnight ; and manifested it to be the resolved doctrine and constant practise of all fotmer age . there is nothing now remaining but that i should answer those pretences or ojections , which are or may be made against it ; and take off one cavill which may be made against some of the premises : when this is dispatched , the truth will be most perspicuous , so that none can further doubt or question it , ( as i suppose ) for the future . the arguments produced for the proof of the adverse opinions , ( or rather onely for one of them , to wit , that the lords-day begins and ends at morning ) are six ; which i shall answer in order . the first of them is this . that what the law of nature setled for a time , to wit , that the sabbath and other dayes should begin at evening , * that christs resurrection , a part of his redemption , hath now changed to the morning ; the work of redemption being far more excellent than the work of creation . which if we reduce to a logicall argument is but this . christs resurrection a part of his redemption , is more excellent than the work of creation , ergo it changed the beginning of the lords day , and by consequence of all other dayes , from evening to morning . to which i answer , 1. it is very dangerous , unsafe for any mortalls to make comparison between the glorious works , actions , attributes , and ordinances of almighty god , and to prefer one of them so highly before the other ( as many do ) without an expresse warrant from god himself in his word , which hath been the cause of many a grosse errors and practises amongst christians . i grant the work of christs redemption is a most glorious work , and signal testimony of gods transcendent love to the world of gods elect and redeemed ones , john 3. 16. rom. 5. 8. ephes. 2. 4 , 5. c. 5. 2. 25. 2 thes. 2. 16. rev. 1. 5. but was not his creating of us , in holynesse and righteousnesse after his own image and likenesse , as transcendent an act of love as this ? gen. 1. 26 , 27. psal. 8. no doubt it is . 2. that no scripture , ( to my best observation ) prefers or advanceth the work of redemption ( much lesse our saviours resurrection from the dead on the first day ; being but one part or branch thereof ) before the work of creation ; both these works being very great and glorious in themselves : wherefore i cannot believe the work of redemption , or christs resurrection alone , to be more excellent and glorious than the work of creation , without sufficient texts , and scripture grounds to prove it ; but may deny it as a presumptuous fancy or unsound assertion , till satisfactorily proved , as well as peremptorily averred without proof . 3. if such comparisons may be admitted , or made without presumption , in my apprehension , gen. 1. and 2. compared with psalm 8. psal. 104. psal. 19. 1. 2 , 9. psal. 95. 6 , 7. psal. 100. 1 , 2 , 3 , 4. psalm 148. job 36. and 39. eccles. 12. 1. 1. isa. 37. 16. c. 40. 28. c. 43. 1. c. 44. 4. c. 45. 12. 18. c. 51. 13. jer. 10. 11 , 12. c. 14. 22. c. 27. 5. c. 32. 17 , 18 , 19. c. 51. 15 , 16. jonah 1. 9. john 1. 3. 10. acts 2. 24. c. 14 , 15. c. 17. 24 , 25 , 26. rom. 1. 19 , 20. col. 1. 16 , 17 , 18. heb. 1. 1 , 2. 1 pet. 4. 19. rev. 4. 11. cap. 10 , 6. and the fourth commandement it self , exod. 20. 8 , to 12. seem to prefer the work of creation before the work of redemption , as most of all manifesting , declaring , magnifying the infinite power , wisdome , greatnesse , glory , majesy , providence , bounty , soveraignty , deity of god ; and as the strongest motive and obligation to all his creatures ( and redeemed saints likewise ) to adore , worship , love , fear , serve , reverence , obey god as their creator , and to depend , rest , trust , commit themselves to him alone . 4. these reasons seem to advance the work of creation before the work of redemption . first , it is the first and most ancient of all gods visible works , gen. 1. 1. deut. 4. 32. mark 13. 19. rev. 3. 14. 2 pet. 3. 4. far antienter than christs resurrection or work of redemption . and that which is antientest , is usually best and honourablest , psal. 77. 5. isa. 3. 2. c. 9. 15. c. 44. 7. c. 24. 23. c. 51. 19. jer. 18. 15. dan. 7. 9. 13. 22. john 1. 2 , 3. 1 kings 12. 6. jer. 6. 16. acts 22. 16. 1 joh. 2. 7. rev. 3 : 14. secondly , the work of a creation is the very greatest of all gods works , and more universall , generall , extensive than the work of redemption : extending to all the glorious angels , sun , moon , starres , heavens , aire , earth , sea , with all the severall creatures in them ; whatsoever and to all mankind . gen. 1. and 2. psalm 83. psalm 104. psalm 148. 4. 5 , 6. isa. 40. 26. c. 42. 5 c. 45. 12 , 18. john 1. 3. ephes. 3. 9. col. 1. 14. rev. 4. 11. c. 10. 6. yea , to jesus christ himself , stiled ; the beginning of the creation of god . rev. 3. 14. therefore , more excellent , greater , glorious than the work of redemption , b peculiar onely to gods elect , the smallest part of men ; not universall to all mankind ; much lesse to angels , and all other creatures : now it is a received maxime in divinity , morality , policy , reason ; bonum quo communius , eo melius . see psalm 145. 9 , 10 , 14 , 15 , 16. whence philo the jew , de opificio mundi , stiles the sabbath in memory of it ; festum non unius populi regionisve , sed in universum omnium : quae sola digna est ut dieatur popularis festivitas . thirdly , god himself created all things at fi●st , very good , perfect , pure , excellent ; and man himself after his own image , in holinesse , true righteousnesse , integrity , ●erfection , without sinne , corruption , imperfection or obliquity , gen. 1. 18. 25. to the end . c. 5. 1. c. 9. 6. eccles. 7. 27. 1 cor. 11. 7. ephef. 4. 24. col. 3. 10. man being depraved , corrupted by adams sin and fall , which brought a c curse upon mankind and all other creatures too : christs redemption , though it hath freed all his elected , called , justified , sanctified ones from hell , death and damnation , the condemning , ruling power of sin , and curse of the law ; y●t it hath not redeemed them ( much lesse the generality of mankind and other creatures ) from the pollution , corruption of sinne , l●st and ●ll those temporall miseries , curses , plagues , judgements , imperfections in this life , which sinne hath brought upon them : nor yet restored them to such a glorious , happy , perfect condition here , as that wherin man was first created : the best of saints on earth , having many remainders of sinne , corruptions , defects and infirmities in them till they come to heaven , 1 kings 8. 46. eccles. 7. 20. rom. 7. 7. to the end , james 3. 2. 1 john 1. 8 , 10. c. 2. 1. 2. therefore in this respect , the work of creation excells that of redemption , in relation to all the creatures corrupted , vitiated by mans fall , and of the redeemed themselves , whiles they continue on earth , and have cause to celebrate sabbaths and lords-dayes , to sanctifie and make them holier . 4. some of the creatures , as the angels , christ himself , as man and a creature , ( if not the sun , moon , stars , heavens ) the works of gods creation ; are more excellent and gloious than man , or any saints on earth , the ●ubject of christs redemption , psalm 8. heb. 1. rev. 3. 14. 2 thess. 1. 7. psalm 103. 20. mat. 25. 31. heb. 2. 7 , 9. c. 12. 22. rev. 14. 10. luke 20. 36. compared together . therefore the work of creation is more exellent than that of redemption . fifthly , without the work of creation , there could be no work of redemption ; the chief end whereof is to restore us to that felicity , a happinesse in the enjoyment of god and his creatures , which man in his innocency , ( had h● p●rsevered in that estate ) should have enjoyed by the work of creation . therefore the work of creation is at least as excellent as glorious , as the work of redemption , if not more eminent than it . sixthly , the excellency and glory of the work of redemption consists principally in this , that it was wrought by jesus christ himself , the onely beloved sonne of god luke ▪ 1. 6. 8. 99. rev. 3. 24. gal. 3. 17 col. 1. 14. heb. 9. 12 1 pet. 1. 18 , 19. rev. 5. 9. but this cannot advance it above the work of creation ; god created all things by jesus christ ( as well as redeemed his elect ) ephes. 3. 9. col. 1. 16. and that onely as he was god , and the word , heb. 1. 2. john 1. 1 2 , 3. gen. 1. 1 , 3 , 26. not as god and man . seventhly all accord , that it is a work of b greater excellency , omni●ot●n●y , power , love , to create and make all things out of nothing , then to repair , restore , rectifie things already created when deprav●d , defiled , cap●ivated or impaired . see basil and amb●ose in their hexamerons , most commentators on gen. 1. and isa. 45. 5. to 20. c. 40. 48. re. 4. 11. acts 17. 24. heb. 3. 4. therefore i may safer conclud● , that the work of creation is c greater and more excellent than the work of redemption , from these texts and reasons ; then my antagonists averre the work of redemption to transcend the work of creation in excellency and greatnesse , without scriptures or solid reasons grounded on it . 5. admit the whole work of redemption wrought by christ , to be better , greater , excellenter than the work of creation : yet none can prove or demonstrate , that chrstsi resurrection ( one part onely of his work of redemption , on the first day of the week ) is greater than the whole work of creation . therefore they cannot conclude from it alone , that this his bare resurrection should alter the beginning , end , limits , nature of times , and dayes , settled by god at the very creation ; as they here argue . 6. admit christs resurrection and work of redemption , to be greater , better , excellenter than gods work of creation , ( which i deny ) will it thence follow ; ergo , it altered the work of creation ; the cause of sunne , moon , starres , dayes , weeks , years ; the beginning and end of the sabbath , or first day of the week , and by consequence of all other dayes and times setled by god himself at the creation by an unalterable law ? gen. 1. 5. 8. to 20. 23. 21. c. 2. 2 , 3. exod. 20. 8. to 12. psalm 148. 5. 6. eccl. 3. 14. jer. 31. 35 , 36. c. 33. 20 , 21. 2 pe. 3. 14. certainly all these texts wi●● others forecited , resolve , and experience proves the contrary , the dayes , weeks , months , morning , evening , course of sunne , moon , and starres , being still the same they were from the creation till this present ; and every thing or action that is greater , better than another , not abrogating or altering their course or limits which god or men had formerly settled . 7. the ends of christs resurrection and redemption were meerly spirituall , to redeem , justifie , raise up from sinne , from the dead , and avance to heaven at last , all those whom christ redeemed , john 5. 29. c. 11. 25. rom. 1. 4. rom. 5. 5. to 16. 1 cor. 15. throughout , phil. 3. 10. 11. 1 pet. 1. 1. 3 c. 21. rev. 20. 5. 6. rom. 4. 24 , 25. c. 8. 11. 2 cor. 4. 14. ephes. 2. 6. not to alter the beginning or ending of dayes , times , ▪ seasons : not one of all these texts ( nor any other speaking of christs resurrection , and the ends or benefits thereof ) ass●rtin● , importing , much lesse resolving any thing : therefore it did not , could not alter the beginning or limits of the fi●st day , ●i●her as a naturall , or as his resurrection day , as these writers averre . 8. christs pa●sion , a bloodshed , was the principall part of his redemption , yea his nativity , ascention ( to omit his whole life on earth , and perpetuall mediation in heaven for us ) were parts thereof ; the one the first part , the other the last of all : b●t it is clear that our saviours passion and bloodshed in the evening , ( though it were the chief●st part of his redemption ) made no alteration in the b●ginning or end of dayes , so as to change the beginning of goodfriday f●om evening before , to three of the clock in the afternoon ; that his nativity ( about midnight ) or his ascention ( about noon or eleven of the clock in the morning , as is most probable ) did not translite the beginning of those dayes , or any other , to midnight , noon , or morning , though they were the first and last parts of of his work of redemption ; why then should his resurrection onely in the morning ( a lesse principall part of his work , than his passion , or perchance than his nativity or ascention ; the one of which preceded the other followed his resurrection ) make such a change in dayes beginnings , when neither of these three other did so ? if it be , because it was a part of christs redemption . so were the other three , and yet they produced no such mutation ; and why a part of christs redemption should cause such an alteration , onely because it is a part : or why one inferior part of it alone , should do it , and not the chiefest ; why the intermediate , not the first , or last part of it , transcends my apprehension . if it be because god ordained it should effect such a transmutation , then shew me expresse scripture for it , ( as none can do ) or else reject it for a groundlesse fancy , as in truth it is , but more of this in the answer to the next objection . the second objection is this , christs resurrection on the first day of the week in the morning , did actually change the beginning of the day from evening to morning , and constitute the lords-day to begin at morning . therfore it ought to begin at morning . if we c●st this into a sormall argument , it will be more perspicuous . christs resurrection , the cause of the lords-day , was not till the morning , ergo the lords-day must not begin till morning , because the effect must needs be with or subsequent to the cause , and cannot precede it ; whereas the effect should over-reach ●●e cause in point of time , if the lords-day should begin at evening , christs resurrection beginning not till the morning . this reason and argument is the main foundation whereon the opposites build their errour ; wherefore i shall be more copious in discovering the sandinesse , falshood , and fallaciousnesse of it . first therefore , i answer , that this whole argument , is but a chain of severall grosse falshoods and mistakes , contrary to the scriptures : i wonder therefore why so many grave , judicious men should be ensnared by it . 1. the first of them ( the ground work of all the rest , and of this errour concerning the lords-day beginning at morning is this , that christs resurrection did alter the beginning of that first day of the week , whereon be arose , from evening to morning : which i have manifested to be an apparent errour contrary to the scriptures ; which testifie that that day began at evening , and that christs resurrection did nothing alter it ; as the third and fifth preceding conclusions prove at large . wherefore i shall here demand of the objectors , how it appears that christs resurrection made such a change as they pretend ? if by scripture , shew one text , that necessarily proves it : this i am sure they cannot do . if not by scripture : then it is a meere groundlesse conceit of their own forging . yea , but though they want scripture , yet they have this sound reason to prove it : christ rose again upon the first morning ; therefore he translated the beginning of it from evenig to morning . to which i reply , that this main capitall reason is but a grosse in consequent , and a circular argumentation ; for if the argument be denyed , as justly it may be ; then they prove it by that very medium which was next before denied , and they ought to make good ; that christs resurrection did chan●e the day from morning to evening ( there being no other medium but this to confirm it ) therefore if he rose again upon it in the morning , he made such a change as they pretend . so that this their reason is but idem per idem , a petitio principii a circular dispute , a grosse non sequitur , and so to be rejected as false and idle . but yet a little more to lay open the falshhood of this proposition ; that chists resurrection made such an alteration of that first dayes beginning ( which hath neither scripture nor reason to back it . ) i would first demand this question of them . why christs resurrection should produce such a change , when as his nativity , passion and ascention , ( parts of his redemption too , as beneficiall to christians as his resurrection ) had no such effect ? 2. how they come to know , that such a change was de facto made , when no scripture rev●als or intimates it ? 3. how was it possible for christs resurrection to call back and adnul that beginning of the day , which was irrevocably past , and gone before it happened ? since by their own rule , the effect cannot precede the cause ; and so by the same reason , christs resurrection in the morning could not operate à parte ante , to change the beginning of that day , which was actually past at evening . 4. where they did ●ver read , that occasions happening upon any dayes , did alter or bound on● the beginning and end of dayes ? the dayes ever bounding out the occasions ( which we say happened upon such a day and houre ) not the occasions the dayes ? 5. how christs resurrection could change this dayes beginning , when as it altered not its name , nature or order , ( it being still the first day of the week , as it was at the creation , the week remaining yet the same ) and seeing it made no change in the course of the sun , and moon , of day , and night , which rule bound out , and make up the naturall day ? 6. how that which hath no limits of its own , but that which it had from the day on which it happened , ( the first dayes morning being that which limited the resurrection in point of time , and reduced it to a certainty ) can possibly put bounds of time unto the day , which bounds outit ? if they cannot resolve all these , queries they must then disclaim this main fundamentall conclusion , upon which they build their false grounded error , as i have formerly proved . this is the first falshood . the second is this , that christs resurrection was the cause of the lords-day . this i say , is both a falshood and a fallacy . to make it more evidently so , we must consider the lords-day , either as a naturall day , consisting of 24 houres , measured out by the sunne or primum mrbile , and made up of the night and artificiall day : or as a lords-day ; that is , a day devoted and sequestred unto gods immediate worship . if we consider it materially , or m●erly as a day , it is clear , that christs resurrection was no cause of the first day ; for that was instituted by god at the creation , gen. 1. 5. who then appointed the sunne , moon , and starres , to rule , limit , govern both the day and night , and to be the sole causes of them , gen. 1. 14. to 22. psalm 74. 16 , 17. psalm 136. 6 , 7 , 8. psal. 104. 19. jer. 31. 35 , 36. c. 33. 20. neither could christs resurrection be the cause of that day on which he arose ; for it was begun before he rose again ; and it had been and continued a day , though he had never risen on it ; therefore it was no cause of it as a day . besides , all time is the measure of motion , and so the motion of the primum mobile the alone cause of it , and of this day too . christs resurrection thererefore being no cause of the lords-day , as a day , could not alter the beginning of it in such manner as is prtended ; since the lords-day hath no bounds or limits , beginning or end , neither is it properly a part of time , but onely as it is a day , not as a lords-day . wherefore when you affirm that christs resurrection was the cause of the lords-day , & therefore it changed the beginning of it ; your meaning is and must be , that it was the cause of it , and that it changed the beginning thereof , as it was a naturall day ( the change here r●l●●ing onely to the time and limits of the day , not simply to the quality , as it is a lords-day , it having no limits at all , as it is a lords day , but meerly as it is a naturall day ; ) which is a grosse a untruth as i have proved , yea a fallacy too , in applying that to this day , as a day , which is spoken onely and intended of it , meerly as a lords-day . to illustrate this by an example . the first day of the week , is like to water in baptisme , to bread and wine in the sacrament , to a church that is consecrated , or to one abou to enter into orders : now as we use to say , th●t baptisme doth change the water , the sacramentall consecration the bread and wine , consecration canonicall the church , and ordination the man ; if we mean they change their very nature , essence and substance , the speech is meerly false ; for they continue in nature , in substance , the same they were before ; if we intend they onely alter their use , which is true ; and yet apply this alteration to the substance ( as the papists do in case of the sacament , arguing thus ; the fathers say , that the bread and wine are changed after consecration , to wit , in their use onely ; ergo they are transubstantiated and changed in their substance ; ) then it is but a fallacy or equivocation which being explained proves but a meere non sequitur , since the change in the use or quality onely , infers no necessary alteration in the substance . so when the objectors say , that christs resurrection did change the first day of the week ; if they mean onely that it was the occasion why the use of it was altered from a common day to an holy day : or when they affirm , that christs resurrection was the cause of the lords day , that is , the cause why the first day was and is solemnized as a lords-day : their words are true in this sense onely ; but then they neither prove nor imply any change at all in the limits , beginning or end of the first day , or in the day it self , but in its use alone ; and so the day continues the same in all these respects , as it was before . but when they go thus far , as to prove that christs resurrection on it did alter the very beginning and end , ( and so the nature and limits ) of the day , because it was the occasion of altering its use ( which is the thing they intend in both these propositions ) then the argumentation is sophisticall , and the conclusion this grosse inconsequent ; christs resurrection was the cause of turning the first day of the week into the lords-day ; ergo , it translated the beginning of that day from morning to evening . an argument so absurd , that the objectors may now do well to blush at it . again , if we consider this day onely , as it is a lords-day , ( that is , as a time consecrated to gods publick worship ) if the objectors intend by this proposition ( christs resurrection in the morning was the cause of the lords-day ) that is , it did actually consecrate that very first day , whereon he arose , and all others succeeding it , for a lords-day , even that very morning on which he arose again , as in truth they do ; then i say it seems to me an apparent untruth . for though it be true that his resurrection on that day , was one generall originall occasion of solemnizing it for the lords-day ; yet it is untrue that his bare resurrection onely was the immediate efficient , constitutive cause of sanctifying it for a sabbath or lords-day ; or that it did sanctifie that very day on which christ arose for a sabbath or lords-day , even at that very time of the morning when he arose . for first , gods resting from his work of creation on the seventh day , is paralell in reason with christs resurrection on the first day , in point of constituting either of them for a sabbath or holy day , as all acknowledge . but gods resting on the seventh day , was onely the originall impulsive , not the immediate efficient , constitutive cause of the seventh day sabbath ; for it was not a sabbath as soon as god began to rest , or only because he rested on it ; but because he blessed and consecrated it for a sabbath , and commanded adam and his posterity to sanctifie it for a sabbath , as is clear by gen 2. 2 , 3. exod. 20. 7. to 12. for he sanctified it for a sabbath because he had rested on it : so that his rest was onely the occasion why this d●y was consecrated for a sabbath , rather than any of the other six ; but that which made it a sabbath , was gods peculiar blessing , consecration , and institution of it for a sabbath . so gods passing over the is●aelites , and slaving the egyptians , was the occasion why the 14. day of the first moneth was solemnized ●or a pass●ov●r-day : but that which constituted it to be such a day , was not his passing over the israelites , but his expresse command to them to observe it throughout all their generations . ex●d. 12 4. to 40. the jews deliverance from haman and th●i● other enemies , was the cause or reason , why they * annually observed the fourteenth and fifteenth dayes of the moneth adar , as solemn festivals ; and the deliverance from the a gunpowder-treason , the occasion why we observe the fifth of november , as an annuall festivall ( which feast we generally begin at evening , since we then usually begin to ring our bells in memory of our deliverance the morning following ) but the imm●diate efficient constituting cause of these dayes for holy-dayes , was neither the jews deliverance nor ours ; but the law and ordinance of the jews , esth. 9. 20 to 29. and the sta●ute of 3 jac●bi●c . 1. which ordained those dayes to be solemnized and kept holy . so it is in all other dayes solemnities whatsoever , not the occasion of their celebration , but the authority and command to sanctifie them , is that which b constitutes them holy-dayes ; therefore by the self same reason , christs bare resurrection was onely the occasion why the lords-day was afterwards sanctified and observed ; but that which constituted and made it a lords-day or christian sabbath , was some precept or ordinance of christ , or his apostles , or of the primitive church , without which it had not been actually a lords-day or sabbath in point of sanctification , though christ did rise upon it . 2. if christs bare resurrection without more ceremony , did actually consecrate that very first day on which he arose , and all others for a sabbath or lords-day , what need then those many large discourses of divines , concernning the time when , the persons by whom , or the authority by which the sabbath was translated from the seventh day to the first , or this instituted for a lords-day ? certainly if the very resurrection of christ did actually perform all this , that very morning on which he arose , all these disputes were at an end . but few or none have been so absurd as to make christs bare resurrection the immediate constituting cause of the first day for a sabbath or lords-day , much lesse of that very day upon which christ arose , which all the a evangelists stile , the first day of the week , even as it was christs resurrection day ; which shews , that it was not then actually constituted for a sabbath or lords-day , but continued an ordinary week-day , as before . therefore it is not probable that it made ●uch a change or consecration of that very day . 3. none of the evangelists in their histories of christs resurrection , make mention either in direct terms , or by way of necessary inference , that our saviours bare resurrection consecrated that very first day whereon he arose , or any succeeding it , for a sabbath or lords-day ; much lesse that it changed the beginning thereof from morn-ning to evening . therefore certainly no such alteration as is su●mised , was actually effected by it . 4. had christs resurrection actually constituted that day on which he arose , and all other fi●st dayes ensuing for a sabbath or lords day , without further ceremony , even on that day when he arose ; then that day had been consecrated for a sabbath or lords-day , and the seventh day sabbath hadbeen translated to it , before any man did or could take notice o● this alteration ; before any knew this day was instituted for a sabbath or ●ords-day ; yea , before it was known or believed that christ was risen again , to or by his disciples . for the b scripture is expresse , that he appeared not unto them till towards the evening of that day ; at which time thomas was absent , and some of them doubted , whether he were risen again , or whether it was he or no : so that it is certain , they observed not that first day , as a sabbath or lords-day , in memory of his resurrection , but it is altogether improbable , that christ would consecrate that day for a sabbath or lords-day , before his disciples or any other knew of it ; or that he would make an alteration of the sabbath , ( which so much concerned the apostles and church ) in private , without their presence or p●ivity : o● that he would consec●ate that day for a sabbath or lords-day , in memory of his resurrection , before it was certainly known that he was risen ; or before he had shewed himself to his disciples after he was risen ; or before any did know it to be a lords-day or sabbath it being made so only for man , mar. 2. 27. not for christ himself , or angels , who were onely present with him when he arose . for christ being onely wise , did all things in b the fittest season , and in a publick manner , in the presence of his disciples , who were to be witnesses of all his actions , speeches , acts 1. 2 , 3 c. 2. 32. c. 10. 40 , 41 , 42 , 43. 1 john● , 1 , 3. 2 pet. 1. 16 , 17 , 18. luke 1. 2. therefore he would not , he did not institute that very day whereon he arose for a sabbath or lords-day , at the time when he arose , which the evangelists certainly would have mentioned ( being a matter of such moment to the church and christians ) had it been done in truth , as pretended onely , but not proved , neither in truth can be . if therefore the objectors affirm ; that christs resurrection was the cause of the lords-day as a lords-day ; that is , an immediate constituting cause of it , and that at the very moment when he arose , then it is a palpable untruth , as the premises manifest : if they mean by cause , onely the impulsive cause or originall occasion of its future consecration or institution for a sabbath or lords-day , then their argument is but this . christs resurrection ( the occasion of christians solemnizing the lords-day , as a lords-day or sabbath ) was in the morning ; ergo the lords-day must being at morning : which is but a meere non sequitur ; because the occasions of sanctifying any dayes for sabbaths or holy-dayes , do not bound out the beginning or end of the dayes , for then these days must begin and conclude when the occasi●ns of their solemnization do ; but on the contrary , t●e dayes do ever limit the occasions and f●stivalls , which must begin and end with the dayes to which they are confined . this i shall make mani●est by examples , and make good by unanswerable reasons . for examples , we have all the festivalls in scripture , which together with their occasions , are restrained to the bounds of dayes , not the limits of dayes to them . to instance in particulars . when god himself instituted the seventh day for a sabbath , because on it he had rested from all his works of creation ; he confined the sabbath and his rest , to the seventh day ; not the seventh day to it : blessing the seventh day and hallowing it ; not changing the beginning , ending , limits , or order of it in the week , but the use , gen. 2. 2 , 3. exod. 20. 7. to 12. when god instituted the fourteenth day of the moneth abib , for a passeover day , in memory of his passing over the israelites , and sl●ying the egyptians at midnight , he ordained that feast to begin at evening , because the day to which this festivall was confined , did then begin ; not at midnight , wh●n the occasion of its sol●mnization happened , exod. 11. 4. c. 12. 3 , 6. 12. 10 40. lev. 23 ▪ 5. numb. 9. 11. deut. 16. 4. josh. 5 10. so all the other jewish feasts * began and ended at evening , as the dayes on whi●h they were solemnized did ; the limits of the day being the bounds of the festivalls , not the festivalls , or their occasions , the boundaries of the day ; a festivall or holy day being none other , but a common day set apart and dedicated to gods speciall honour and service : therefore being but a common day consecrated , must needs begin and end , ●s the day doth this is manifest by exod. 12. 18. c. 13. 3 , 4. c. 14. 30. c. 35. 2. levit. 23 3 ▪ to 43. numb. 29. 1. josh. 10. 12 , 13 , 14. judges 5. 1. 1 sam. 14. 23. neh 8 , 9 , 10 , 11. esth. 8. 12. c 9. 17 , 18 , 19 , 22. psalm 81. 3. psal. 118. 24. isa. 22. 12. matth. 28. 1. mark 16. 1. luke 23. 56. c. 21. 1. wher● all festivalls , fasts , and memorable occasions , are regulated by dayes , not dayes by them ; the festivalls and feasts ever beginning and ending with the dayes to which they are appropriated , not the dayes , or festivalls , or fasts , with the occasions of their solemnization . so in all annual or weekly holy-dayes , feasts , or fasts instituted by men , let the occasions of their institution happen what houre or time of the day they will , at morning , noon , or afternoon , yet we still begin the solemnization of them , when the day begins . for example , our saviours passion on the crosse , was not till about three of the clock in the afternoon , john 9. 14 mark 15. 34. yet we solemnise our goodfriday , in memory of his passion , from the time the day begins . so our saviours ascension ( as is probable by acts 1. 9 10 , 11 , 12. 13. luk. 24. 50 ▪ 51 , 52. ) was about noon or after , yet we begin the festivall of his ascension with the dayes inception , whereon it was . so the descent of the holy ghost upon the apostles in cloven tongues ' was about nine of the clock in the monring , acts 2. 15. yet we solemnize our whitsonday in memory thereof , from that dayes inception . our deliverance from the a gunpowder treason on the fifth of november , was about nine or ten in the morning , or after , when the king , queen , prince , lords and commons should have m●t together in the lords-house ; ( though suspected and in part discovered ten dayes before , and actually detected at midnight ; ) yet we begin the solemnization of it , from the foregoing evening , with ringing of bells , and the like . the birth of many of our princes hath been about noon or after , and their coronations about that time : yet we solemnize their birth-dayes , and coronation-dayes , from those dayes beginnings . the crown descended to our present soveraign king charls in the afternoon : yet we solemnize not that day from noon to noon , but from evening to evening , because the day doth then commence and end , and so the solemnity confined onely to that day , that whole day , not to part of it , and part of the ensuing day . if then all festivalls whatsoever begin and end with the dayes beginning and end on which they are kept , not at the very time of those dayes , when the occasions of their solemnization happened , as these and other infinite other examples testifie ; why should not the lords-day begin at evening , though christs resurrection , ( the chief cause of its sanctification ) was not till morning , because that day , as a day , doth then begin and determine ? certainly whatever the opposites conceipt , it must needs do so , and that for these unanswerable reasons . first , because god himself , at the very creation hath set inviolable bounds , for the beginning and end of daves and weeks ; appointing them to be as so many royall standards for the limiting or measuring out of all festivall occasions happening on them , and reducing them to a certainty ; as i have manifested at large in the fourth conclusion : wherefore no event or festivalls , happening on those dayes , can alter the limits or beginning of them , nor make them longer or shorter ; no more than the corn to be measured by the peck or bushell , or the cloth to be measured by the yard , can alter , limit or measure out the quantity of the peck , bushell , or length of the yard . secondly , because every occasion that may cause a subsequent consecration of a day , for a sabbath or holy day , ( and so christs resurrection ) doth only dedicate that day , yea all that day on which it falls , not part of that day , and part of the day ensuing , on which it did not happen ; therefore consecrating onely that very day , all that day , and no other day but that , it must needs begin and end , when that day doth . now that very day on which our saviour arose , began and ended at evening , as i have proved : his resurrection therefore being the cause of consecrating all that day , ( not part of it , and part of the following day ) for the lords-day , this day as a lords-day , must necessarily begin and conclude at evening . thirdly , because no occasion of consecrating the day on which it falls , extends in point of consecration , further than that very day , which is set as the utmost limits of it . but should the lords-day begin and end at morning or midnight , not at evening , christs resurrection ( the cause of its consecration ) should extend beyond the bounds of the day , to consecrate half ( or at least a quarter ) of the second day , for a lords-day on which he arose ; and besides , it should not consecrate all that day on which it happened , but that part onely which ensued , not that which preceded it , since that day began at evening , as i have proved . both which were absurd to affirm . therefore it must needs begin at evening , the lords day being onely the first day on which christ arose , and all the first day , not part of it , and part of the second day , as it is and must be , in the opposites computation . fourthly , that day on which christ arose , both as a week day , and as a day , was precedent to his resurrection , both in time , nature , and in the sanctification of it for a lords-day : for there must be fi●st a day of the week b●fore christ could rise upon it , or any consecrate it for a sabbath or lords-day : therefore his resurrection on it , and the consecration of it for a lords-day , did not , could not alter the limits or nature of that day , but both of them must be regulated , squared by its former bounds . fifthly , christs resurrection and the lords-day solemnization , have no set limits of time of their own , being no parts of time , but onely measured out by time : therefore they can give , or proportion out , no limits of time to the first day , but the first day being a part of time , must set limits of time to them . and to make festivalls or their occasions measurers out of the length , b●ginning or end of days ( which the objectors do ) is as grosse an absurdity , as to measure the bush●ll by the corn , or the yard by the cloth ; not the corn an● cloth by the bushell or yard ; or as to square the rule by the tree ; measure the quart pot by the wine ; weigh pounds and weights by the wool , flesh , bread , fruits ; not the tree , wine , wool , &c. by the rule , quart , pound , weights . sixthly , every memorable accident happening upon any day ( and so by consequence our saviours resurrection on the first day of the week ) cannot possibly alter the beginning of that day : for if it falls out just at the dayes beginning , it is a reason that the day and festivall solemnized in memoriall of it , should then begin , because both the day and the occasion of its celebration commence together ; if it happen after the day begins ( as christs resurrection did ) it cannot nullifie or change its beginning , because it was irrevocably past , and gone before . et ▪ quod factum , quod praeteritum est , infectum reddi non potest , no not by god himfelf , much lesse by any accidentall occasion , which cannot possibly operate to nullifie or alter that which was past and gone before it was in being . since therefore no occasion happening , either with or after the beginning of any day can possibly alter the time of its inception , the festivity instituted in memory of that occasion , on that day , must inevitably begin and end when the day doth in its naturall and usuall course , and so the lords-day too , which must begin and end at evening , because that day on which christ rose again did so . seventhly , christs resurrection ( and so any other memorable accident upon any dayes ) was but a meere transient act , done , past , almost in a moment , or minutes space : wherefore it could properly of it self consecrate onely that space of that day which it took up and no more : for the forepart of the day being past , the following part of it to come , and neither of them in being , but that space thereof in which he rose again , christs resurrection could not properly operate to consecrate either the antecedent or subsequent part of that day , of it self , much lesse any dayes ensuing . if therefore the lords-day , or first day should be limited or bounded out by the time on which christ rose ( which is the opposites doctrine ) we must either observe no lords-day at all , or else a lords-day of a minutes length ( and that minute uncertain when to begin or end , because the hour , or minute of christs rising again is unknown : ) since therefore there is both an expediency and necessity that christians should observe a day , a festivall of a greater length , than the very moment in which christ rose , in memory of christs resurrection ; the instituters of the lords day , considering that god himself did ever bound out all festivalls , by dayes , not minutes , hours or half dayes , ( stretching the limits of them farther than the bounds of their occasions reached ; which were commonly short , and transitory ; ) partly in imitation of gods own former proceedings in such cases , and partl● out of necessity , did extend the bounds of the lords-day beyond the space in which he was rising , even to the intire day , whereon he arose , and so to that part of the day preceding , as well as to that succeeding it , the very act of christs resurrection being but momentany and not so large as the whole dayes extent . whence we may clearly see an absolute necessity of limiting festivalls by the days , limits , not by their occasions ; of beginning the lords-day at evening , though the resurrection , the cause of its future solemnization , was not till morning ; and of making such occasions and the resurrection , to relate à parte ante , as well as à parte post ; to consecrate the precedent as well as the subs●quent part of the dayes on which they happen , without any violation of the objected logick rule . that the effect cannot precede the cause ; ( which is true onely in this sense , that the lords-day could not be actually observed as a lords-day in memory of christs resurrection on it , bef●re he actually rose again : ) else festivalls and the lords ▪ day should be scarce half-holy-dayes , sometimes not above a minutes or hours length ; which would be dishonourable to god , to christ , to the church and disadvantagious unto christians . eightly , if festivalls or their occasions ( and so christs resurrection and the lords-day ) should alter the beginning and end of dayes , as the objectors pretend , it would bring in an absolute confusion of all tim●s and dayes : for then every last occasion of solemnizing any day must change the beginning of all other dayes , and reduce them to the time that that occasion happened ; and so every punie festivall should alter the limits of all dayes and festivalls formerly settled ; which were injurious , yea absurd ; and would cause so many alterations in day as would render all days , weeks , years , u●certain ; or else every day or festival should have severall beginnings and ends , answerable to the hours of the severall remarkable accidents happening on them , some beginning at one hour , some at another , some being long , others short , some beginning at one time in one country , and at another time in another countrey ; which would bring such a perplexity , intricacy into all computations of time , and all chronologie , as neither god nor man could suffer ; breed much confusion , both in contracts , festivals , all divine and humane affairs ; overturn religion , lawes , dayes , weeks , moneths , years , and reduce all things to a meere incertainty , in regard of time , which hath continued the same in all ages and places from the creation to this present , without any variation ; the week consisting of seven dayes , and each of those dayes of 24. hours onely , as they did at the creation . wherefore to prevent this generall confusion , incertainty , disorder in dayes , and other times , there is a necessity that dayes , ( gods standard royall , to measure all temporary things , occasions , and solemn festivals happening on them ) should limit both festivals themselves , and the causes of their institution : and so that the lords-day should be squared by the first day of the week , to which it is confined , not the first day , or lords-day , by the time of our saviours resurrection on it . and why should not the lords-day be squared by the first day on which our saviour arose ? is it not celebrated principally in remembrance of his resurrection on that day ? is not the lords-day the first day , and the first day the lords-day ? is not all the fi●st day the lords-day , and no part of the 2d . day ? would you not have it like that first day on which christ arose , not different from it ? if so , then that first day must be the only measure of it ; and it must begin and end at evening , as that day did . if otherwise , you make the lords-day different from that day whereon christ rose , you sanctifie but part , not all the first day ; you piece up a lords-day of half the first day and half the second day ; and make christs resurrection the measure of the day , when as the day was the measure of it : all and and either of which is gross●ly absurd . you see therefore in the first place , that the ground on which the opposites build their opinion of the lords-dayes commencement at morning ; is but a ch●in of falshoods and notorious errours . and so the objection meerely false , in the sence that they intend it . 2. i answer , that ●hough christs resurrection was the principal cause of christians celebrating the first day of the week for the lords-day , & christian weekly sabbath ; yet it was not the sole cause or occasion of it , there being many other caus●s likewise alleadged for it by * ancient and modern divines and others ; as that it was the first day of all others , whereon god created the light , that god raineed manna in the wildernesse on it , that christ thereon rose again from the dead , and that the holy ghost desc●nded thereon , upon the apostles . thus expressed in the excerptions of egbert archbishop of york , about the year of christ 750 c. 36. spelmanni concil. tom. 1. p. 262. dominica dies prima dies seculi est , & dies resurrectionis christi ; & dies pentecosten , & ideo sancta est , &c. and thus in some ancient saxon canons , some of uncertain date , yet supposed to be 1000 years after christ . ibidem p 600. c. 24. a dies verò dominica , quia in eo deus lucem condidit , in eo mannam eremo pluit , in eo redemptor humanigeneris spoute pro salute nostra mortuis resurrexit , in eo spiritum sanctum super discipu●os infudit , tanta debet esse observantia , ut praeter orationes & missarum solemnia , & ea quae ad vescendum pertinent , nihil aliud fiat , &c. on which particulars , many of our modern writers insist . now as it was the first day of the world whereon light was created , it clearly began at evening , gen. 1. 5. the manna falling on it , ●el● with the dew in the night . numb , 11. 9 exod 16 13 , 14. christs resurrection thereon was early in the morning whiles it was yet dark , john 20. 1. luke 24. 1 , 2 , 6. matth. 28. 1. 6. mark 16. 1 , 2. the descent of the holy ghost upon the apostles thereon ; was about nine of the clock in the morning , or the third houre of the day , acts 2. 1. to 16. to these reasons of its sanctifi●ation , most of our late divines annex , christs apparition to his disciples on this day after his resurrection : and that was at evening ( a little before sunset ) john 20. 19. now if all these severall occurrents on the first day of the week , concurring joyntly towards its sanctification as a lords-day , or christian sabbath , should alter its primitive beginning and end at the creation , as the first day of the world , when it began and ●nded at evening , to the time and hour of these severall occurrences thereon ; it should have as many severall beginnings and ends , at severall times , houres , repugnant to each other ; which would make it five severall dayes in stead of one ; yea no day at all , but a monster of dayes and sabbaths . to reconcile which repugnances , and avoid such confusion ; the objectors must disclaim their confident objected mistake . that christs resurrection ( being one cause of the lords-dayes solemnization onely ) did actually change the beginning of the day , from evening to morning ; and grant it still begins at evening , as before it did . 3. i answer that this objection is a meere petitio principii ; a begging of the thing controverted , as granted instead of proving it . for they lay this for a foundation ; that christs very resurrection did change the beginning of the lords-day ( or first day ) on which he arose from evening to morning : which is the thing in truth they ought to prove . yea but they confirm it too as well as say it : how i pray ? christ rose again in the morning , ergo he translated the beginning of the day to the morning . but how is this consequent made good ? why thus : christs resurrection was the cause of the lords-day ; therefore the day must begin when he arose , and not before , for the effect ought not to precede the cause . i subioyn that in this argum●nt is a treble sophisme . fi●st there is fallacia dictiouis in the word cause : which signifieth either an o●iginall impulsive cause ; ( and so it is true that christs resurrection was the cause of the lords dayes solemnization , to wit the cause , why christians afterwards did solemnize it ) or else an immediate efficient consti●utive cause : christs resurrection was no such cause of the lords day as i have proved . yet the objectors in this argument make it so , for that is thei● meaning . if they take cause here onely in the fi●st sence ; then the argum●nt is a meere inconsequent ; for the original cause or occasion of a thing may in point of time precede the effect for many hundred years . adams fall w●s the cause or occ●sion of christs incarnation , passion , resurrection and ascension , rom. 56. to 20. yet these were many thousand yea●s puny to it . the three y●ars famine in davids time , was occasioned by sauls slaughter of the gibeonites many years before , 2 sam. 21. 1. yea most divi●●s generally affirm , that though . christs resurrection was he occasion or impu●sive cause of the lords-day●s i●sti●ution , yet the institution of it was some space after i● , not contemporary with it . this argument therfore is bu● a meer incons●qu●nt christs resurrection , the originall occ●sion of the lords day●s institution , was in the m●●ni●g . ergo ▪ h● l●●ds day must then begin . 2. here is ●ik●wise ●●●l●acie in arguing , that the lords day m●st 〈◊〉 at mo●ning , not evening , b●cause the eff●ct canno● p●●●ed● the cause ; when as the a●gument should be ●●st contrary . the ●ffect begins ever when the 〈…〉 it doth ; and is ever co●tan●ous with it ; the●●f●●● t●● l●●ds day ought to b●gin in the morning , because ●● r●su●●●ction the cause of it b●gan then . the fi●st ●f th●● a●●uments is a non sequitur : because thou●● the ef●●●t cannot precede the cause in naturall things , as the son cannot be before the father was ; yet it followes not , that the effect should ever be as ancient as , or contemporany with the cause , or the son be as old as the fath●r , or born together with him . so it follows not that because the lords day , as a lords day , could not begin to be observed , hallowed as such a day , before that morning whereon christ arose ; ergo it must begin at morning , and could not be instituted to begin the evening of the next , or any other first day following it . again the antec●d●nt of the latter argument is falf , for although the originall cause or occasion doth usually precede the effect in point of time , ( as christs resurrection did the institution of the lords day ) yet it follows not that the lords day must begin at that very point of time when christ arose . so that there is a fallacy in this argument , in arguing from the effect to the cause , that it cannot precede it : when as the proposition ought to be , that it is ever contemporary and must begin at the same time with it . thirdly , there is a transitio à genere ad genus ; and that in two particulars . 1. in making christs resurrection the cause of the lords-day , as it is a naiurall day , when as it was no cause of it as a day , but onely the reason why it was instituted for a lords-day . so that the argument should be thus propounded . christs resurrection was the cause , why the first day was instituted for a lords-day : but that began at morning . ergo , the lords-day must then begin , because the day must then begin , when the occasion of its institution for a lords-day began : which i have proved to be false : 2. in applying that to the beginning of the day , which is applycable onely to the beginning of its institution for a lords-day , in this maxime ; that the effect cannot precede the cause , that is , the lords-day must not be instituted in memory of christs resurrection , before christ was actually risen , ( which yet may be false , since the feast of the passeover was instituted at evening , and solemnized in part , before god actually passed over the israelites , and slew the egyptians at midnight following , which was the cause of its institution . exod. 12. 3. to 40. ) and so might the lords-day too , be instituted in this manner before christs resurrection ) therefore after his resurrection past , it could not be instituted to begin the evening of that first day of the week on which he arose . which is a meere inconsequent : for what though christ did not rise till the morning ; yet that day on which he arose began at evening ; and therefore his resurrection relating to the whole day , as his resurrection day , this day of the week ( if not before , yet after his resurrection past ) might be well solemnized for a lords-day , even from evening to evening , without any violation of the true meaning of this maxime ; since we solemnize not the day , as the precise minute or houre , but as the weekly day of his resurrection , every part whereof may be part of his resurrection day , though not part of that very hour of the day whereon he arofe . if then these fallacies be abandoned , the whole summe and force of the objection , is but this in honest termes . christs resurrection in the morning was the originall occasion why the first day of the week whereon he arose , was afterwards instituted for the lords-day , and so solemnized . ergo the first day as the lords-day , must begin and end at morning , at that moment when christ arose , not at evening , neither could it be instituted to begin at even . which as all the premises manifest , is a grosse inconsequent . all that is or can be replied to help out this maimed reason , is this . that the first day whereon christ arose , had two beginnings . one , as a lords day , and that was at morning when he arose : the other as a meer naturall day , viz. at evening : and that christs resurrection , gave it a new beginning , as a lords-day , not as a naturall day . to this i answer , 1. that this distinction is but a meer forgery , warranted by no scripture , reason or convincing authority ; and therefore it ought first to be proved ere received . 2. it is but a begging of the question disputed , not an answer of the reasons objected . 3. it is a meere falshood : for 1. that very day whereon christ arose was not consecrated at his resurrection for a lords-day , as i have proved : therefore it could not begin at morning as a lords-day , seeing it was no lords-day . 2. the lords-day is nothing else , but the first day of the week , and the first day of the week is the lords-day , they being terntini convertibiles : therefore they have but one and the self-same beginning and end . 3. that first day , on which christ arose , even as his resurrection day , began at evening as i have proved ; therefore it began then , as it was the lords day , it being the lords-day onely , as it is his resurrection day . 4. had that first day , as a day ●●●un at morning , then it must needs be either an half-holy-day , ●ut of 12 houres long ; the evening and night preceding it , being no part of it ; or else it must be a lords-day patched up of a piece of the first day , and a part of the second day , to wit , of the day light of the first , and the night of second ; and not that intire first day whereon christ arose . either of which is an absurdity to averre : therefore as a lords-day it must begin at evening , to avoid these absurdities . by all which it is now most clearly evident ; that this grand objection is both false , absur● and fallacious , proving nothing at all against me , and no ground to rely upon . the third main argument , to prove , that the lords-day begins at morning , not at evening , is that of john 20. 19. the same day at evening , being the first day of the week , when the doores were shut , where the disciples were assembled for fear of the jews , came jesus and stood in the middest , &c. whence it may be objected . that the same first day whereon christ rose again , ended not at evening ; as the words ( the same day at evening , being the first day of the week ) import ; that evening being part of the first day , not of the second ; therefore it began not at evening in saint johns accompt , and our saviours resurrection in it translated its beginning from evening to morning . to this i answer first , that this text makes nothing at all against me . for the scripture makes mention of two evenings ; one of the artificiall day ( which we commonly call day ) beginning when the sund clines , & somewhat●efore sunset & ending with the twili●●t , or sun ●e● , or when the evening st●● begins to shine wch evening is a part of the preceding day , both in our 〈◊〉 usuall and the scripture a computation , the day evening when this morning determines . of which b evening we m●y read , prov. 7. 9. mark 1. 32. exod 29 39. ●●●t . 23. 11. judges 9. 9 , 11 , 14 , 16. josh. 8. 29. c. 10. 26 , 27. 2 〈◊〉 3. 37. ma●th . 25. 57. mark 15. 42. luke 23. 43 , 44. f●x●d 12. 6. num. 9. 3. c. 28. 4. and deut. 21. 23. compared together , which is sometimes stiled evening tide , josh. 8. 29 gen. 24. gen. 24. 63. josh 7. 6. 2 sam. 11. 2. isa. 17. 14. judges 19 9. the other is the evening of the night , beinning after sun set , or just with the star-light , just when the twi●l●ht endeth , and the night and naturall day in the scripture and j●ws accompt begin , which evening is a part , & the very beginning of the ensuing day : of which we may read , gen. 1 , 5 , 8. 13. to 24 31. exod 3● . 8 , levit. 11. 24. 40. c. 14. 46. c. 15. 5 ●o 27. c. 17. 15. to 3● . c. 32. 6. c. 23. 32. numb. 19. 8 10. deut. 28. 67. judges 20. 23 26 2 sam. 1. 12. 1 sam. 30 17. prov. 7. 9. psal. 104. 23. jer. 6. 4. hab. 1. 18 zeph. 2. 7. c. 3. 3. jer. 5. 6 neh. 13. 19. deut. 16. 4. exod. 12. 6. levit. 23. 5. mark 13. 35. compared one with the other . of both these evenings we find expresse mention , exod. 12. 6 num. 9. 3. and 28. 4. where the jews are commanded to kill the passeover between the two evenings , that is , as most accord , between the evening of the day , and evening of the night ; which space between these two evenings both we ou● selves , and the c scriptures call , twilight , that is , the space between two lights , to wit , the light of the sunne , and the light of the starres or candle-light ; or the space between sun setting and star-shining ; which space most hold belongs to the precedent day ; the evening , which begins the night and following day , really commencing , when the evening d star begins to appear , which star called e vesper , both denominates , and begins the evening of the night , and the ensuing naturall day . there being therefore these two evenings , both in the scripture computation and our own ; the sole question will be , on which of the evenings it was , that christ thus appeared to his dis●iples ? and what evening it is , saint john here speaks of ? questionlesle , it was the evening of the day , no● of the night : first because the text is expresse , that it was the same day at even , being the first day of the week ; that is , whiles the first day was yet in being , and before it was quite ended : therefore it was , it must be the evening of the day , which in the scripture and jewish accompt ( which saint john follows ) was a part of the prec●ding first day ; not the evening of the night , which was in their compute , a parcell of the second day , not of the first ; as i have proved . 2. all divines accord , that this very first day on which christ arose , and thus appeared to his disciples , began and ended at evening , as the third and fifth conclusions manifest . therefore this euening can be no other , but the evening of the first day , not of the night , since this day , both began and ended when the evening of the night began . 3. this text informs us ; that when christ thus appeared unto his disciples at evening , he shewed them his hands and his feet , and that they saw and knew him perfectly . now neither saint john , nor any other evangelist make a mention of any lights in the room where they were , by which they might see him : therefore it is most probable , that they saw him by day light , or sunshine , by which they could best of all discern him . and if by day light , ( there being nothing in scripture to controll it ) this evening was questionlesse the evening of the day before sunset , as soon as ever the disciples came all together . 4. christs love to his disciples , ( who would not absent himself from them long , nor leave them in suspence of the truth of his ●esurrection , which they heard of before , by relation onely and other evidences ) may induce us to believe , that it was the first * of these two evenings , to wit the evening of the day ; and saint peters speech to cornelius , ( acts 10. 40. 41. him god raised up the third day , and shewed him openly : ( there●ore at day time , as is likelyest by 1 sam. 12. 11 , 12. c. 16. 22. psal. 98. 2. isa. 52. 10. col. 2. 15. ) not to all the people , but unto witnesses chosen before of god , even to us , who did eat and drinke with him after he rose from the dead ) implies as much . this therefore being the evening of the day , and so a part of that fi●st day , in the scripture and j●ws compute , makes nothing at all against me . secondly , this text mentions not at all this day as a lords-day , but onely as the first day of the week whereon christ rose ; neither doth it or any other scripture inform us , that christ made any translation of this dayes beginning to the morning . nor doth it follow , that the day must begin at morning or midnight , because it did not end at that time of the evening when christ appeared to his disciples , for it might determine soon after his appearance ( as the words , being the first day of the week subjoyned to the premises seem to infinu●te ) and so not begin at morning or midnight . this objection therefore no wayes impairs the truth of my assertion . the fourth objection ( upon which some much rely ) is that of acts 20. 7. to 12. where paul and the disciples at troas continued their assembly on the first day of the week , till day-breaking , and paul himself then preached untill midnight . ergo the lords-day begins and ends not at evening , but at morning ( say some ) at midnight , say others . to this i answer , first , that this ass●mbly of theirs on this day began our saturday nigh● , not our sunday , and continued till our sunday , ( not our m●nday ) morning , as i have formerly proved at large ; and therefore it makes wholly for , not against me . secondly , admit this meeting was upon our sunday at night , ( which i would have the objectors prove , as w●ll as affirm ) yet it concludes nought against my ass●rtion . first , because this sermon of pauls continuing till midnight , and this their continuance all night together , till the morning , was extraordinary , upon an extraordinary occasion ; to wit , pauls departu●e from them the next morning , v. 7. therefore no argument to prove the ordinary beginning or end of the lords-day . 2. as this sermon and assembly was extraordinary , so is it singular , without any pa●al●● example to second it , either in s●●ipture or antiqui●y ; which make no mention of any such sermons or assemblies used on our sunday nights , ( though of many on our saturday night , as i have proved ) besides this alone , if on it . as therefore one swallow makes no summer , so this one singular example makes no president for the usuall beginning and concluding of the lords-day at morning or midnight . thirdly , it is abare example but of one apostle , without any precept to back it ; therefore it can be no conclusive proof , that the lords-day ought to begin at morning or midnight , and he● to ●●d . fourthly , the beginning or ending of a s●●m●n , or one publick meeting ( ●ay the co●st●● practis● of all churches and places , from the beginning and ending their publick lords day exer●i●●● , which is much more ) is no concluding argument of it self 〈◊〉 ▪ to p●●v● the true beginning and end of the sabbath 〈◊〉 lords-day . for the jews themselves , 〈◊〉 christ him●●●●●nd the apostles ) began their publick s●●m●ns and 〈◊〉 on the sabbath day , about eight or nine of the clock in the morning , and concluded them ●●out four or five in the afternoon , as we and all other churches ●ow use to begin and end our publick lords-d●●es , solemnities : can or will any man ther●fo●e hence 〈…〉 , e●go , the seventh days : sabbath and our lords-day begin not till nine in the morning , and conclude at five in the evening , because the publick ass●m●l●s on 〈◊〉 , do then usually begin and determine ? n●● v●●ily , ●or this were to make the seventh day sabbath and lords-day , consisting each of them of a naturall day of 24 houres length , not above eight or nine hours long , and scarce so much as half holy dayes ; and to abandon all private sabbath and lords-dayes duties , in allowing no time at all for them . if then the customary constant cause of our beginning and concluding publick sermons , with other solemn exercises and assemblies on the sabbath or lords-day , are no sufficient argument that the sabbath or lords-day commence or determine , when these publick sermons , exercises , and assemblies do , much lesse can this extraordinary singular sermon of saint paul continued untill midnight , or the prorogation of this assembly at troas , till the morning , of themselves alone inferre this conclusion , that the lords-day begins or ends at midnight , or morning . fifthly , it appears not by the text , that saint paul preached untill midnight , and continued this assembly till day breaking , for this very reason , because the lords-day ended not till then . there is no such thing as this insinuated by saint luke : but the reason of it is plainly expressed to be , pauls departure from thence the ensuing morning , never to see their faces more : and saint lukes drift in recording this story , is not to signifie , when the lords-day properly begins and determines ; but onely as an historian truly to relate the apostles actions ; and to record pauls industry in preaching upon all occasions ; with his love to the disciples at troas , and their respects to him , and his miraculous restoring eutychus to life , who fell down dead from the third l●ft , whiles he was preaching . therefore it can be no infallible argument to prove , that the lords-day begins or ends at morning , much lesse at midnight ; since they brake brend , and did eat and communicate together till the morning . sixthly , i would demand of the objectors , when this assemb●y at troas began ? if at morning or midnight before : that is improbable , since we cannot imagine , that paul made a sermon at that time of 18 or 20 hours long ; half of which would have tyred both himself and his auditors . if not before our sunday at evening , as they pretend ; then it is a stronger argument to prove that the lordsday begins not till sunday evening ; because st. paul and the disciples at troas met not together to solemnize it till then ; then that it ends ( and so by consequence begins ) at morning or midnight , because this assembly dissolved not till morning , and paul continued his preaching untill midnight . seventhly , if this example conclude any thing positively , for the objectors , it is onely this ; that they should continue their ordinary lordsday evening sermons untill midnight , and their assemblies till day breaking ; as st. paul and the disciples did here . this inference following directly from this example , without any straining ; far better then theirs from it doth ; that the lordsday begins and ends at midnight or morning . but this inference i suppose they will all disclaim in words , as they do in practice , as being a nonsequitur ; because this example was but singular and extraordinary upon a speciall occasion . therefore by the self same reason , they must disclaim their present objections too , or else subscribe to this my inference , which they cannot avoid unlesse they quite renounce their own . lastly , its clear st. paul used to preach both in season and out of season : exhorting timothy and other ministers to do the like , 2 tim. 4. 2. that is , as most interpret it , to preach both upon lordsdayes , and all other daies and nights too , as he saw occasion . why then might not his sermon at troas begin upon the lordsday at evening , about our evening sermon time , and yet continue till the lordsday was past . certainly , there is no impossibility , nor improbability , but it might so : since therefore this text of st. luke informs us onely , that this meeting and sermon began upon the first day of the week , when the disciples came together to break bread ; that the sermon lasted till midnight , and the assembly till day break following , without any expression that the firstday was then continuing or ended ; admitting this assembly and sermon to be on our sunday night , ( which i absolutly deny ) yet it follows not , that the first day ended not in st. lukes accompt and theirs at troas , before the sermon or assembly concluded . so that this example proves nothing at all for the opponents thesis , nor any thing against mine , for which it is a concluding evidence , if rightly understood , as i have formerly manifested . the 5. objection , for the lordsdayes beginning at morning , and against its evening commencement , is this . that the beginning of it at evening , would open a wide gap to all licentiousnes , pastimes , disorders , on lordsday after-noons , and likewise to secular imployments unsuitable to the day ; which the beginning of it at morning would prevent . to this , i answer . first , that this objection is a meer cavill : for we see by wofull experience , that the doctrine of the lordsdays beginning in the morning ( which is and hath been generally received of late years in most places of the kingdome ) hath no wayes prevented , remedied any of the abuses , objected , on lordsday evenings , which dissolute persons , who make no consci●nce of sanctifying all the day , will alike prophane , and all godly people equally sanctifie , let the day begin and end at evening , at sunset , or starshining : and there are none who out of conscience sanctifie and forebear to prophane them now , but would equally sanctifie those evenings too , did they believe the day to conclude at evening , since they would be sure to sanctifie all the day . this objected mischief therefore is but a pretence . secondly , it is clear that god himself commanded his seventh day sabbath , and other solemn f●stivals , to be solemnized from evening to evening . exod. 12. 18. levit. 23. 32. god therefore ( infinitely wise foreseeing better than the best , wisest , holiest and most prudent christian magistrates or ministers all inconveniences , abuses that might prophane his sabbath , and what beginning , conclusion of it would best prevent all prophanations , and make most for its sanctification ) instituting hi● sabbath and other festivals to begin and end at evening , not at morning or mid-night ; i may safely inferre ( against this present objection ) that this beginning , concluding the lordsday at evening , even in gods accompt , and so in verity it self , is least inconvenient , least mischievous , and the best of all the three to prevent all prophanations , abuses of the day : therefore it ought to be imbraced , as that which god himself hath prescribed for the best , the meetest of all others . thirdly , i have formerly proved , that this beginning of it at evening , doth best prepare men for its sanctification ; that it prevents more prophanations , abuses of it committed on and occasioned by disorders of all sorts on the saturday night ( as we falsly term it ) then it could possibly produce on lordsday evenings : to which i shall adde , that it likewise excuseth all husbandmen , tradesmen and others from being sabbath-breakers ; who in the winter quarters , rise early to their weekly labour on munday morning , some three or four hours before day-break ; who should be sabboath breakers in an high degree , if the sabbath or lordsday ended not til day breaking , as some objectors pretend . therefore i may conclude , that this beginning of the lordsday at evening , make more for the sanctification of the day , and prevents more inconveniences , then that at morning , and so ought to be retained . fourthly , this beginning and concluding the lords-day at evening , cannot any way produce such effects of licentiousnesse , and prophanenesse on lordsday evenings as is suggested ; since it puts no period to the lordsday or its duties , till after sunset , when the stars begin to shine ; which is not till eight or nine of the clock in the summer , when all orderly people , families are more ready to betake themselves to their family duties , private devotions and rest , then to sports or pastimes : and about six a clock in the winter quarter ; after which all civill orderly parents , masters , ( though not religious ) permit not their children or servants to rove abroad ; and such who are truly pious , fall to repetition of the sermons they heard the lordsday before , singing of psalms , reading the scriptures and godly books , catechising their families , prayer , meditations , and such like holy family duties , answerable to the piety they professe , and the holinesse of the preceding day . so that it gives no liberty at all to any dishonest unchristian sports or meetings , as is pretended , which commonly break up and end ere the lordsday concludes in this accompt , and which all good christians ever avoid at all times , especially after lordsday exercises of piety and religion , with which they have no anologie . lastly , admit the objection true , that this beginning of the lordsday at evening should prove more inconvenient then that at morning ; not simply in it self , but in regard of mens abusing it ; which yet i deny ; yet it follows not , that therefore the day ought then to begin ; since the abuse of any doctrine , through the corruption of men , makes not the doctrine lesse true ; and since inconvenien●es must not , cannot alter those bounds , which god himself hath immutably prescribed unto dayes . true it is , that inconveniencies backed with any precepts or scripture for the beginning of dayes are good arguments , proofs of truths ; but wanting scripture authority to enforce them or being objected against apparent texts , they are no ways conclusive . such are the inconveniences here pretended , which whether they will happen , yea or no , will not , canno , appear , till this doctrine of the lordsdayes commencing at evening , and the use of publique evening prayers in all places saturday evenings , as a preparative to the lordsday sanctification formerly used , be generally received as formerly : which men will not so much abuse to liberty and licentiousnesse , as is pretended ; or if they do , the fault is onely theirs , not the doctrines . wherefore my conclusion remains still firm , notwithstanding this objection . the sixt and last objection is this : that many godly learned divines of late and present times , have in their writings , sermons , delivered this opinion for a truth ; that the lordsday begins and ends at morning , not at evening ; because christ rose not till the morning : and it is now the common received opinion , practice of all our divines and most private christians . therefore questionlesse , it is the truth , and dangerous to alter it in thesis or practice . to this i answer . first , that it is true , many reverend holy learned late divines ( whose names for honours sake i shall forbear to mention ) have in their publique writings , and many more in their sermons ; delivered this opinion ( yet many of them only dubiously with an * it seemeth or it is probable , or likely , not resolutely ) and that their present practice is answerable thereunto : but yet all the learned godly christians in all former ages have held , practiced the contrary , as i have proved ; and some godly eminent divines among us now , conclude in judgement with them . the judgment therefore and practise of all ages , churches , from the apostles time till now , should rather sway the ballance of this controversie , then these few late divines , though learned and judicious . secondly , most of those godly learned men have taken up this opinion , and published it to others upon wolphius his authority and ground , without any full examination or serious study of the point , as appears by this , that they do but lightly touch it in the by and so away , not seriously or peremptorily resolving it , grounding themselves upon such reasons as no wayes prove their conclusion ; and in truth are meerly fals , in that sense they understand them , as i have largely manifested in the premises . therefore their authorities are not so much to be regarded . thirdly , in all disputes we must not so much observe what and who the authors produced are , as what their proofs and reasons are . if these good learned mens arguments , reasons be unsound , as i have manifested them ; no matter what their opinions , lives or practises are ; since the learnedest , the holiest are and may be subject unto errours , from which none are exempted . seeing therefore i have here propounded the best reasons alledged on all hands , for the sabbath and lordsdayes beginning , at evening , morning , midnight , let the best proofs , reasons win the field ; and then i hope the victory will fall on my side without any more dispute , who contend not for victory , but truth alone . having thus ( as i conceive ) given full satisfactory answers to all materiall objections , i ever yet read , heard , or conceive against the lords-days beginning at evening ; i come now to reply to one grand exception against that place of levit. 23. 32. from evening to evening y●u shall celebrate your sabbath ; a principall text to prove , that the seventh day sabbath , ( and so our christian lords-day or sabbath as it is called ) ought to begin and end at evening . to which some reply , that this text speaks onely of the sabbath of attonement , which was but ceremoniall ; not of the seventh day sabbath ; therefore it is no argument or proof at all , that the seventh day sabbath , or lords-day succeeding it , should begin and end at evening . to which i reply , first , that it is true ; this text is meant more particularly of the sabbath of attonement , to which it is here specially applyed , but yet it extends withall to the seventh day sabbath , ( which all confesse did ever begin , and end at evening ) from whence it received both its name of sabbath , and its limitation too , both for the manner and time of its sanctification , as is clear by verse 27 , 28 , 29 , 30. 31 , 32. compared together . for 1. this sabbath of attonement , was to be a sabbath , and so the same in appellation , as the seventh day sabbath , verse 27 , 28 , 32. 2. it was to be but a sabbath of one dayes space , and no more ; ( to wit , the tenth day of the seventh moneth , verse 27. ) as the seventh day sabbath was . 3. it was to be sanctified and solemnized in the same manner , as the seventh day sabbath . for 1. it was to be an holy cnnvocation unto them , v. 27. ( that is , they must meet , and keep publick , religious , holy assemblies on it , & do holy duties ) as the seventh day sabbath was , verse 2 , 3. 2. they must rest and do no manner of work upon it , verse 28 , 30 , 31 , 32. as they were commanded to do on the seventh day sabbath , exod. 20. 9. 10 c 23. 12. c. 31. 15. c. 35. 2. d●ut. 5. 13 , 14 , 15. neither might themselves , or the strangers within their gates do any work thereon , levit. 16 29. as they might n●t do on the seventh day sabbath , exod. 20. 10 , 11. 3. they must offer a burnt offering to the lord on this sabbath , verse 27. as they were to do every seventh day sabbath , numb. 2● . 9 , 10. 4. this sabbath of attonement was , to cleanse them from all their sins before the lord , and make them holy , levit 16. 31. as the seventh d●y sabbath was both a means and sign of gods fanctifying them , exod. 31. 13. ez. ch. 20. 22. 5. he that did any work on this sabbath of attonement , was to be cut off from his people , verse 30 as he was to be , that did any work on the seventh day sabbath , exod. 31. 14 , 15. num. 15. 32 , 35 , 36. 6. on this sabbath of attonement , they must afflict their souls , v. 27. 32. as on th●seventh day sabbath they were to do , though not so solemnly as on this , by confessing their sinnes , and by not doing their own wayes , nor finding or doing their own pleasure thereon , isa. 58. 13. by all which particulars , it is manifest , that this sabbath of attonement was in most things most exactly squared , regulated by the seventh day sabbath , as the sampler by the copy , or the picture by the person drawen , participating with it both in its name , use , sanctification ; the sole querie or doubt remaining to be cleared , is when all this is to be done , or at what time of the day , this sabbath of attonement should begin and end ? god therefore resolves this scruple in the words alledged , from even to even shall ye rest ( or celebrate ) your sabbath ; that is in eff●ct , you shall keep it from evening to evening , as vou do the seventh day sabbath ; which begins and ends at evening : so that the seventh day sabbath , being here propounded for the onely pattern by which this sabbath of attonement was squared , and this being to begin and end at even , because the seventh day sabbath did , as all acknowledge , and i have prov●d ; this text ( in my conceit ) is a pregnant unavoidable argument : for the seventh day sabbaths solemnization from evening to evening , as well as for the sabbath of attonements , beginning and concluding at evening : whence saint augustine with sundry councels , and authorities forequoted , apply this text to the seventh day sabbath , and lords-day , as setting out bounds to them , as well as to the sabbath of attonement . 2. i answer , that this sabbath of attonement was confined to the tenth day of the seventh moneth , verse 27. and to be kept upon that day : since therefore it was confined to that very day , and to be solemnized from evening to evening ; it is apparant that that day , as a naturall day , began and ended at even in divine accompt ; and if that day , as a naturall day , began and ended at even ; then by consequence all other dayes , ( being all of one proportion , and one ever beginning when the other ends ) began and ended at evening . therefore the seventh day sabbath too , appropriated to the seventh day : so that take it which way you please , it is an unavoidable proof , that all sabbath dayes , and the seventh day sabbath begin and end at evening in divine computation : therefore the lords-day must do so too , being a sabbath of sacred rest , as all our opposites resolve , and confined to the first dayes limits , which as a naturall day commenceth , and determines onely at even , in naturall , divine and true accompt , and as a sacred day of p●est , ● denoted to gods service , i have now as succinctly , and perspicuously as i could waded through this present controversie : at what time the lords-day ought to begin and end ? and if my judgement fail me not , i conceive i have sufficiently manifested it to commence and conclude at evening , ( immediately after sunset , or so soon as the evening-star begins to appear ) not at morning or midnight . if the truth shall prove on my side upon the debate , i desire it may captivate the contrary mistakes , and certifie both the judgement and practise of all such zealous christians who are yet differently minded . if the error be on my side ( as i am yet fully resolved it is not ) i shall be glad to be first informed , then reformed by men of graver judgements , desiring a to do nothing against , but for the truth , for which i shall ever contend , to which i shall ever subscribe ; reputing it my greatest felicity to conquer with it , or to be conquered by it , and if occasion require to suffer chearfully , gladly for it . finis . errata . page 2. l. 3 , 4. at evening . in pag. 10. l. 34. dele may , pag. 12. l. 10. dele but part . pag. 21. l. 6. r. is . l. 36. read quality . pag. 23. l. 29. dele the l. 36. naturall . pag. 25. l. 36. r. of . p. 26. l. 13. applicas . l. 21. r. summa . l. 33. cordubiensis . l. 36. covarravias . p. 27. l. 21. pauper . l. 26. totaliter . l. 31. r. assert . p. 28. l. 3. r. commanding . p. 31. l. 11. ages . p. 37. l. 24 , r. ei● . p. 44. l. 12. r. noctem . p. 50. l 32. ventre . p. 54. l. 30. dele vesperam p. 58. ( r. ) l. 29. most come in . l. 25. before transcendent . p. 61. l. 28. for god . p. 26. l. 19. r. course . p. 63. l. 5. such thing . p. 64. l. 10. be contemporary . l. 37. first day . in the margin . p. 7. l. 3. smalta . p. 12. l , 19. hathertus . p. 15. l. 5. neh. 4. 21. p. 16. l. 3. r. fulk . p. 22. l. 22. rastal . p. 31. l. 16. certo doctoque . p. 34. l. 27. apoc. p. 43. l. 2. r. ux●rem p. 45. l. 9. gustodunensis . l. 11. bibl. patr. p. 60. l. 25. r. serm● . p. 61. 14. praecipuum . notes, typically marginal, from the original text notes for div a91155e-330 * see the epistle dedicatory . b see a new discovery of the prelates tyranny , ● . 1. &c * see my unbishoping of timothy and titus ; breviate , qu●nch-coal , catalogue of testimonies in all agres , quaeries to bishops , instructions for churchwardens . a looking glasse for all lordly prelates . antipathy , appendix to flagellum pontifiess . remonstrance against ship mony , with some others not yet printed . * a new discovery of the prelates tyranny . * see thoms campanella de monarchia hispaniae c. 25. 27. and the false jew , or ramsy his examination at newcastle , printed 1653. * acts 20. 30. * 1 tim. 3. ● . to 7. * pro● . 23. 23. * luke 5. 39. * tertullian de praescript . adv. haereticos . * 2 tim. 3. 1 , &c * 2 thes. 2. 3 , 4. * jam. 4. 13. 15. notes for div a91155e-2040 a gen. 2. 2 , 3. exod. 20. 7 , 8 , 9 10. levit. 23. 32. neb. 13. 19. luke 23 , 54 , 5●c . 29. 1. b neh. 4. 21. anselmus de imagine mundi ▪ l. 2. c 4 alcuinus de eccles. officiis c. 43. col. 1128. c po●idor virgil . de inventor . rerum l. 2. cap. 5. d pupilla oculi pars 9. c. 6. summa angelica . tit. dies hostiensis summa l. 2. tit de feriis f. 149. lindwood provinc . constit . l. 2. tit. de feriis f. 74. e psal. 74. 16. don. 2. 20 , 21. acts 1. 7. conclusion . conclusion . 1 proof 1. f in genesi no● nō praecedentis dici est , seasubsequentis , id est principtum futur● non finis praeteriti . hierom . in jonam c. 2. tom. 5. p 137. g. proof 2. g see exod. 13. 3 , 4 , 5. ▪ proof 3. proof 4. proof 5. h see 1 sam. 7. 6. c. 31. 13. 1 ch●on . 10 12. neh. 1. 4. esth. 4. 16. jer. 36. 6. dan. 6. 18. proof . i see josh 8. 29. proof 3. proof . 8 k anastatius sinaica . quast. lib. quaest. 152. conclusion . 2 proof . 1 proof . 2 proof . 3 l see neh. 4. 21 m see neh. 13. 21. which makes it maninifest . proof 4. n luke 23. 54. 55 , 56. o mark 16. 1 , 2. p mat : ● . 1. q john 20. 1. r mat. 28. 1. ſ mark 16. 1. t luke 24. 1. john 20. 1. mark 16. 2. 9. proof 5. u s●e chemnisius examen concil●i tridentini , pars 4. de festis p. 150 wolphius chronol l 2. c. 1. dr. bound of the sabbath . edit. 2. 1606. p. 103 , 104. dr. boyes his postils on the decalogue , p. 51. purchas pilgrimage l. 2 c. 4 p. 121. amesius medulla theologicae , l. 3. c. 15. sect. 36. mr. wemes , in his exposition of the lawes of moses l. 1. p. 226. to 207. when the day beginneth . conclusion 3. proof . 1. proof . 2. proof 3. x mark 16. 1 , 2 , 9. prnof 4. y see ignatius , martyr epist. 5. ad trallianos . bibl. patr. tom. 1. p 79. b. theophilus antiochenus comment . l. 2. in evangelia . ib. tom. 2. p. 152. c. hierome , ambrose , chrysostome , beda , anselmus , theophilact , christianus grammaticus , paschatius , rabbertus ; in their commentaries , on these texts , and on mat. 28 1. mark 16. 1 , 2 9. luke 24. 1. calvin , luther , musculus , bullinger , melancthon , bucer , marlorate , junius , zanchius , beza , lyra , rabanus , maurus , hugo cardinalis , carthusian , tostatu● , iansenius , cornelius a lapide , and others on this text , gregory nyssen , oratio 1. & 2. de resurrectione christi , cassianus de incarnat . domini . l. 5 bibl. patr. tom. 5. pars 2. p 8. f. 6. hierome comment . in jonam , c. 2. tom , 5. p. 137. b. augustine , quaest. super evangelia , quaest. 6. 7. anastatius siniata . quaestionum l. qu. 152 , 153. bibl. patr. tom. 6. pars 1. p. 794 , 795. together with saint cyprian de symbole , dr. lack son , mr , byfield , and all expositors on the creed , who joyntly accord in this truth . z mark 8. 31. mat. 27. 63. conclusion 4. a dan. 2. 2. c. 21. c 7 9 13 ps. 74 16. acts 1. 7. proof 1. proof 2. proof 3. b exod. 20. ● . to 12. c psal. 104. 22 , 23. neh. 21. 4. cap. 13. 19. proof 4. proof 5. * see mr. fox , dr. fuller and others on rev. 1. 10. m. sprint mr. bownd , mr. widly , mr. bernard , dr. twisse , mr. cawdry and others of the sabbath . conclusion 5. proof 1. proof 2. proof 3. proof 4. proof 5. proof 6. d psal 12. ● . 14. * see mr. fo● , dr. fulk and others on apoc. 1. 10 d. bownd and others of the sabbath . proof 7. e acts 10. 40. 1 cor. 13. 4. f saint luke saith it was in the very profundity or beginning of the morning , luke 24 ▪ 1. g mat. 27 63. mark● . 31. arguments to prove that the lords day begins at evening . argument 1. argument 2. h see mr. george widly his doctrine of the sabbath . and others forecited . argument 3. argument 4. argument 5. reason 1 : * eccles 3. 1. &c. psal. 104. 23 , 24. reason 2. i for his work that he finished on the seventh day , was onely his creation , ●lessing and sanctification of that day alone : as pascatius ra●bertus in mat. 28. 1. rabanus , maurus and others teach . reason 3. k see 6 h. s. c. 3 7. h. 8 c● . 3 eliz c 4 rastabl . labovers , 35. 3● . which appoint labourers to ● begin their work at morning , and ●●d it a● evening . l mark 2 27. gen. 1 28 , 29 : 1 cor. 3 21. 22 heb. 2 7 , 8. psal. 8. 4 , 5. see eccles. 3. 1. ●0 12. 1 co● . cor. 14. 33. 40. reason 4. n exod. 20 8. to 12. isa. 58. 13 deul . 5. 12. to 16. o exod. 20. 8. to 12. 6. 31. 13 , 14 , 15. 6. 35. ● . levit. 23. 2 , 3 , 4. deut. 5. 12 isa. 58. 13. neh. 9. 14. * acts 12. 6. hosea 7. 6. * as most affirm they are , who differ from me in this controversie . * psal. 55. 17 & 141. 2. reason 5. * bish. white . dr. heylin mr. ironside , in their treatises and history of the sabbath , dr. joh. pocklingtons sunday no sabbath , p. 6 , 7. printed sincei this was first penned , see canterburies doom , p. 222 , 223 , &c. reason 6. reason 7. reason 8. * rom. 16. 27. reason 9. reason 10. * quicquid enim omnes vel plures , uno eodemque sensu , man festè , f●●quenter , pe●s●veranter , v●lu● quodam sibi consentiente magistrorum conc●lio accipiondo , tenendo , tradend , fi●maverint id pro indubitato rato , ritoque habeatur vincentius lirinensis . contra haereses c. 39. q in his chronol. l. 2. c. 1. * anno 1557. a pud bochellum decret. eccles. gal. l. 4. tit. 10. c. 1. p. 596. reasons . * dam. 2. 21. * dies sabbati being the latin name for saturday . ſ surius concil. tom. 1. p. 436. t athanasius de interp . psalmi & 302. a. & homilia de semente p. 365. ignatius epist. 6. bibl. patr. tom. 1. p 81. & epist. 8. p. 84. e. clemens romanus , constit . apost. l. 2. c. 63. l. 7. c. 36. l. 8. c. 39 surius concil tom. 1. p. 68. 105 , 110. a. primasius comment in retor . 83. sozomenus histor. ecclesiast . l. 7. c. 19 , tom. bibl. pat. 5. pars 2. p. 435. f. 6. socrates scholasticus ecclesiast . hist. lib 5. c. 21. p. 35. 3. nice phorus callist . eccles. hist. lib. 12. c. 34 p. 357. centur. magdeburg . centur . 1. pars 2. cap. 6 col 493. l. 50. 503. de festis , centur. 4. c 6. col . 410 c. 15. col . 1466. centur. 5. c. 6. col . 648. centur. 8. c. 6. col. 342. l. 40. beda in lucae evangelium . l. 2. cap 4. tom. 5. col. 263. apost. canon . can. 65. surius concil. tom. 1. p. 30 chrysost. hom. 11. in gen. 2. tom. 1. col. 58 b. c. synodus parisiensis , anno 1557. apud bochellum . decret. eccles. gal. p. 598. concilium laodicense . diem sabbathi in diem dominicum mutavit , ne judaismum imicare videremur , writes this councel of paris . * see breutius in levit. 23. 2. and 25 8. about ann. christi 56. u see centur. magd. 2. l. 2. c. 6. col. 493. accordingly , cent . 2. c. 6. col . 120. augustinus de tempore , s●r . 25 1. tertullians apology . c. 39. * see acts 20. 31. y epist. l. 10. epist. 97. z apolog. c. 39. a epist. l. 10. epist. 97. objection . answer . a mat. 12. 1. to 13. luke 14 3. to 6. john 7. 22 23. b see mat. 6. 34. luke 13. 32 33. 1 sam. 9 , 16 19. ● . 5. 3 , 4. jan. 4. 13. 14. a epist. l. 10. 96. epist. ann. dom. 106. b see centuriae magd 4. c 6. col. 140. theodoret . eccles. hist. l. 2. c. 13. socrates scholasticus hist. l. 6. c. 8. sozomenus hist. eccles. l. 8. c. 21 victor de vandalica persecutione . l. 2. cent. magd. 5 c. 2. col. 647 , 648. c see tertulliani apologia , justine martyrs apologies , anaxagoras oratio pro christianis . anno 200. b ad exam. lib. 2. cap. 3. see augustinus de t●mpore , sermo 251. anno 340. anno 360. anno 400. * see rabanus maurus opevum , tom. 5. p. 604. anno 450. a presbyteri verò ad vesperam , quae magis ad dominicam pertinet , consecrantur , honorius augustodanensis , de antiqu● rit●● miss. l. c. 19. patr. tom 12. pars 1. p. 1043. b see bishop vshers treatise of the religion professed by the ancient irish . c. 4. p. 34. edit. 1631. anno 610. anno 620. anno 640. anno 670. * see tertullian and others a●no 697. anno 720. anno 793. anno 80 ▪ anno 800. anno 806. anno●13 . anno 840. anno●60 . anno 920. anno 96● . * bishop alley mad● 〈◊〉 9. of the clock in his poore mans library . anno 1203. anno 1020. anno 1120. anno 121● . anno 1273. anno 1280. anno 1320. anno 1496. anno 1521. from anno 1●00 . to 1620. a see histriomastix p. 643 , 644. and the table . objection 1. * see wolphius , chronolog . l. 2. c. 1. dr. bound of the sabbath , l. 2 p. ●6 . with others a hene● aquinas prima secundae . quaest . 100. artic. 5. ad s●cun . concludes , inter omnia benefi . cia dei commemoranda primum et praecipuum est beneficium creationis , quod commemeratur in sanctificatione sabbati , unde exod. 20 11. pro ratione quarti praecepti ponitur : with which [ 3 synod parisiensis , anno 1557. apud boshellum , decret. eccles. gall . p. 589. concurres , and chrysostome hom. 4. super matthaeum . a sabbatum inter caetera festa tantum praescribitur in d●calogo quia figurabat generalia beneficia dei scilicet , creationis & beatitudinis , aquinas prima secundae quaest. 100. artic. 5. secund. qu. 102. art. 4. 10m secunda secundae qu. artic 4. ad 2m alensis sum. theol. tom. 3. qu. 32. m. 1 , 2. 3 bernardinus senensis sum. 10. artic. 1. c. 1. 2. bonaventura & media villa . in l. 3. sent. dist. 37. b ephes. 1. 4. ●0 . 15. col. 1 , 2 , 14 rev. 5. 9. 1 pet 1. 2. 19. heb. 2. 16. jude 6. c gen. 3. 17 , 18. 19. levit. 26. 14. to 40. deut. 28. 14. to 68. psal. 107. 33 , 34. mal. 3. 9. 11. c. 2. 2. rom. 8. 19. 20. 21 , 22. a see philo judaeus de op sicio mundi . b magis praecipitur observatio sabbati quam al●arum sol●mnitatum , quia b●neficium creationis in hoc commemora●ur . qvod est praecipium inter prae●erita angelus de clavasio . in summa argelica . tit. p●aecep●um sest . 6. ● . 194. c see zanchius de operibus creationis lib. a isa. 53. throughout . rom. 3 25. c 3. 9. c. 4. 25. eph. 1. 5. c. 2. 13. col . 1. 20 , 21 , 22 heb 9 7. to 26. c. 10. 10 c. 12. 24 c. 13 c. 13. 11 , 12. 1 pet. 1. 2 , 18 19. john 17. rom. 5. 9. objection 2. answer 1. a christs resurrestion is no more the cause of the lords-day as a day ; then baptisme is 〈◊〉 cause of the sac●am●ntal water , as water ; or christs consecration of the sacramentall bread and wine the cause of th●m as they are bread and wine ; or the o●dination of m●nisters , the cause of them as they are men . * esth. 9. 20 , 21 , &c. a see 3 jac. c. 1 b see 5 , & 6. e● . 6 c. 3. all lawes and canons touching lords-days , holy-dayes , feast-dayes , and thanksgiving dayes , and the canonists tit feri● , & dies f●sti . a see mat. 28. 1. mak 16. 2 , 9. luk. 29. 1. joh. 20. 1. 19. b mat. 28. 17. ma● . 16 11 , 13 14. luk 24. 21 , 22 , 25 , 26. 37. to 41. john 20 , 19 , 24 , 25. 26. 1 cor. 15. 4. to 9. b john 2. 4. c. 12. 23. c. 13. 1. c. 17. 1. 1 tim. 6. 15. rom. 56. gal. 2. 4. 2. 4. * exod. 12. 18. deut. 16. 3 , 4 1. sam. 30. 17. a see 3. jac. c. 1. 2 , 3. the arraignment of traytors . speeds history . p. 1254 see augustine de tempore sermo 251. and 154 d. bound of the sabbath , p. 44. a taken out of theodulphus his epistle an. 83● . apud bochellum decreta ecclesiae . gald . 4. tu. ●0 . c. 19. p. 5. 96. objection . answer● . argum. 3. objection 3. answer . 1. a s●e mat. 14. 15. 25. mark 2 6. 35 , 36 47 , 48. joh. 6. 16 , 17 com●ared 〈◊〉 ● . b the evening sacrifices we read of in scripture , and our vespers or evening prayers , are o● this evening of the day , a little before sun-setting . c prov. 7. 9. 1 sam 30 17. 2 kings 7. 5 , 7. job 24. 15. ezechch . 12. 6. 12. d see neh. 4. 21 job 3. 9. jer. 31. 35. gen. 1. 1 ▪ 14. 10 19. compared together . e isiodor hispalensis originum . l 3. c. 40. cal●pi●e , rabbanus maurus de universo l. 10. c. 70. christianus grammaticus . pasca●ius rathb●rtus in matt. 28. v. 1. honorius aug●stodunens●s de imagine mundi , l. 2. c. 32 a acts 20. 8. makes relation when they had lights of those lights ; there●o●e the evan●elists likewise would have done so , had ●●ere been any , as is most pr●bable . * see psal. 28 7. to 16. 17. objection 4. answer 1. objection● . answer objection 6. answer 1. * s●cut autem sabbathi veteris initium suit à vesp●re : quia & crea●io incipiebat à vespcre , quoniam massa communis creata fuit ante lucem : & cessatio diei ab opere creationis incipicbat etiā à vespere ; sic diei dominicae initium incipere videtur ab illius diei mune : quia resuri●ctio christi suit in primo mane . mar. 16. 9. john 20. 1. exception . reply 1. ▪ ●cor. 13. 8. the petition of right of the free-holders and free-men of the kingdom of england: humbly presented to the lords and commons (their representatives and substitutes) from whom they expect a speedy and satisfactory answer, as their undoubted liberty and birth-right. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91239 of text in the english short title catalog (thomason e422_9). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 49 kb of xml-encoded text transcribed from 12 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91239 wing p4029 thomason e422_9 99864189 99864189 161384 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91239) transcribed from: (early english books online ; image set 161384) images scanned from microfilm: (thomason tracts ; 66:e422[9]) the petition of right of the free-holders and free-men of the kingdom of england: humbly presented to the lords and commons (their representatives and substitutes) from whom they expect a speedy and satisfactory answer, as their undoubted liberty and birth-right. prynne, william, 1600-1669. 23, [1] p. s.n.], [london : printed in the year, 1648. attributed to william prynne. place of publication from wing. annotations on thomason copy: "jan. 8th. 1647"; the "8" in the imprint date has been crossed out. reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a91239 (thomason e422_9). civilwar no the petition of right of the free-holders and free-men of the kingdom of england:: humbly presented to the lords and commons (their represe prynne, william 1648 8349 16 0 0 0 0 0 19 c the rate of 19 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-06 tcp assigned for keying and markup 2007-06 aptara keyed and coded from proquest page images 2007-08 angela berkley sampled and proofread 2007-08 angela berkley text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the petition of right of the free-holders and free-men of the kingdom of england : humbly presented to the lords and commons ( their representatives and substitutes ) from whom they expect a speedy and satisfactory answer , as their undoubted liberty and birth-right . printed in the year , 1648. the petition of right of the free-holders and free-men of the kingdom of england in all humbleness shew unto the lords and commons now in parliament assembled ; that whereas the lords spiritual and temporal , and commons in parliament assembled , in the third year of his majesties reign , that now is , did , in their most famous petition of right , among other things , claim these ensuing , as their and our undubitable rights and liberties , according to the laws and statutes of this realm , viz. that no free-man in england should be compelled to contribute to make or yeeld any gift , loan or benevolence , tax , tallage , or other such like charge , without common consent by act of parliament . that no free-man may be taken or imprisoned , or disseised of his free-hold , or liberties , or free customs , or be out-lawed or exiled , or in any manner destroyed , or be adjudged to death , but by the lawful judgment of his peers by the law of the land , and due process of law . that the quartering of soldiers and mariners in any freemens houses against their wils , and compelling them to receive them , is against the laws and customs of this realm , and a great grievance and vexation of the people ; [ notwithstanding the commons in this present parliament , in their remonstrance of the state of the kingdom , 15 decemb. 1641. published to all the kingdom : that the charging of the kingdom with billeted soldiers ( complained of in the petition of right , as aforesaid ) and the concommitant design of german horse , that the land might either submit with fear , or be inforced with rigor to such arbitrary contribvtions , as should be required of them ; was a product and effect of the jesuited councels , of iesuites , papists , prelates , courtiers and counsellors , for private ends . and therefore not to be approved or endured in themselves , or in any officers or soldiers under their command , raised purposely to defend , and not invade our just rights and properties , especially since the wars determination in this realm , since they desire in that remonstrance , that all sheriffs , iustices , and other officers be sworn to the due execution of the petition of right , and those laws which concern the subject in his liberty . ] and that all commissioners for the executing and putting of men to death by martial law , ( except only in armies in time of war ) are wholy and directly contrary to the laws and statutes of this realm . and did in their said petition grievously complain , that by means of divers commissions , directed to sundry commissioners in several counties , his majesties people have been , in divers places , assembled and required to lend certain sums of money to his majesty ( pretended for the publick safety ) and many of them , upon their refusal so to do , have had an oath tendred to them , not warrantable by the laws and statutes of this realm , and been constrained to become bound to make appearance and give attendance before the privy councel and in other places , and other of them have been therefore imprisoned , censured and sundry other ways molested and disquieted , and divers other charges have been layd and levyed on the people in several counties by lord lieutenants , deputy lieutenants , commissioners for ministers , justices of peace , and others against the laws and free customs of this realm . and that divers subjects have of late been imprisoned without any cause , or any just or lawful cause shewn ; and when for their deliverance they were brought before his majesties justices by writs of habeat corpora , there to undergo and receive as the court should order , and their keepers commanded to certifie the causes of their detainer , no cause was certified , but that they were detained by his majesties special command , signified by the lords of his privy councel , and yet were returned back to several prisons without being charged with any thing , to which they might make answer according to the law . and that of late great companies of soldiers and mariners have been dispersed into divers counties of the realm , and the inhabitants , against their wils , have been compelled to receive them into their houses , and there to suffer them to sojourn against the laws and customs of this realm to the great grievance and vexation of the people . and that divers commissions under the great seal had been granted to proceed according to martial law against soldiers , mariners and others , by colour and pretext whereof some of his maiesties subiects had been illegally put to death and executed . and also sundry grievous offendors , by colour thereof , claiming an exemption have escaped the punishments due to them by the laws and statutes of this realm , by reason that divers officers and ministers of justice have uniustly refused or forborn to proceed against such offendors according to the said laws and statutes , upon pretence that the said offenders were punishable by martial law , and by authority of such commissions , as aforesaid . and therefore they did then in their said petition most humbly pray his most excellent maiesty , that no man hereafter be compelled to make or yeeld any gift , loan , benevolence , tax or such like charge , without common consent by act of parliament . and that none be called to make answer , or take such oath , or to give attendance , or be censured , or otherwise molested or disquieted concerning the same , or the refusal thereof . and that no free-man , in any such manner , as is before mentioned , be imprisoned or detained . and that his maiesty would be pleased to remove the said soldiers and mariners , and that his people may not be so burthened in time to come . and that the foresaid commissions for proceeding by martial law may be revoked , recalled and annulled . and that hereafter , no commissions of the like nature may issue forth to any person or persons whatsoever , to be executed as aforesaid ; lest by colour of them any of his maiesties subiects be destroyed or put to death , contrary to the laws and franchises of the land . all which they then most humbly prayed of his maiesty , as their rights and liberties , according to the laws and statutes of this realm . and that his majesty also would vouchsafe to declare , that all the awards , doings and proceedings to the preiudice of his people , in any of the premises , shal not be drawn hereafter into consequence or example . to all which the king then fully condescended , and gave this royal answer in parliament ; let right be done as is desired . these undoubted rights , franchises and liberties , and that our knights and burgesses ought to enioy their ancient priviledges and freedom , and to be present at all binding votes and ordinances , we do here claim and challenge as our birth-right and inheritance , not only from his maiesty , but from both the houses of parliament now sitting , who have in sundry printed remonstrances , declarations and protestations , and in the solemn league and covenant , oft times promised and seriously vowed and covenanted , in the presence of almighty god , inviolably to maintain and preserve the same , and to bring the infringers of them to condign and exemplary punishment , and have engaged all the wel-affected free-born people of england , by like solemn protestations , leagues and covenants , to maintain and defend the same with their lives and estates : and therefore we at this present not only humbly desire but also require both the said houses and every member of them , even in point of justice , right , duty and conscience , not of favor or indulgence , inviolably , without the least diminution , to maintain , defend and preserve these our hereditary rights and liberties , intailed on us and our posterities by so many statutes , confirmed and ratified by such a multitude of late declarations , protestations , remonstrances , vows and solemn covenants , wherein they have mutually engaged us together with themselves , and for the preservation wherof against the kings malignant counsellors , and forces , and party , ( now totally subdued ) have of late years put us and the whole kingdom to such a vast expence of treasure and gallant english blood : and likewise pray their publick declaration against , and exemplary justice upon the present open professed invaders and infringers of them , in a more superlative degree then ever heretofore . for not to enumerate the manifold encroachments on , and violations of these our undoubted priviledges , rights and franchises , by members , committees , and all servants , of persons military and civil imployed by both houses , during the late uncivil wars , occasioned the inevitable law of pure necessity , all which we desire may be buried in perpetual oblivion , we cannot but with weeping eys & bleeding hearts , complain & remonstrat to your honors : that contrary to these undoubted rights ; priviledges and franchises ; many of us who have always stood wel-affected to the parliament , and done and suffered much for it , have partly through the power , malice and false suggestions , either of some members of both houses who have born a particular speen against us , but principally through the malice and oppression of divers city and country-committees , governors , officers , souldiers and agents imployed by parliamentary authority , been most injuriously and illegally imprisoned , sequestered , plundered , put out of our offices , benefices , livings , lands , free-holds , enforced to send divers sums of money without any act or ordinance , to take unlawful oaths , enter into bonds to make appearance , and give attendance upon severall persons and committees , both in the country , london , westminster , and other places , for divers moneths together , and have been confined , restrained , and sundry other ways oppressed , molested and disquieted , and utterly ruined ; of which when we have complayned to the houses , we can find either no redress at all , or such slender and slow relief , as is as bad or worse then none at all . and when we have sought our enlargement from our unjust imprisonments in a legal way , by writs of habeas corpora , in the kings courts ; our keepers have either refused to obey them , or to certifie the causes of our detainer , or else have certified generally , that we were detained by order or command of one or both houses , or of some committees or members of parliament , whereupon we have been remended to our respective prisons , without being charged with any particular offence , to which we might make answer according to law : and if we seek to right our selves against those who have thus unjustly and maliciously imprisoned , oppressed , plundered and disseised us of our free-holds , lands and goods , by actions of false imprisonment , trespass , trover , assise , or the like at the common law , which is our birthright ; these members and their servants , who have injured and ruined us , plead exemption from our suits , by reason of their priviledges , so as we neither can nor dare to sue them ; and committee-men and others , when we sue them for any injuries , trespasses or oppressions by land or sea , plead the ordinances of indempnity , to justifie their most unjust and exorvitant actions , warranted by no law nor ordinance whatsoever , and by colour thereof stay both our judgments and executions at law , after verdicts given against them for our relief ; and force us to travail from all parts of the kingdom unto westminster , and there to dance attendance upon committees of indempnity , and the like , for many weeks and moneths , til they enforce us to spend , more then the dammages we justly recovered , and to release our just actions and executions , at the last , contrary to our just rights and priviledges , the expres● letter of magna charta ; we will deny , we wil deferr right and justice to no man ; and to the very purport of the ordinances of indempnity , which never intended to exempt any committees or other officers , agents , souldiers or sea-men imployed by the houses from any unjust or injurious actions done out of private malice , or for private ends , or lucre , without , besides , or against all ordinances , or from any gross abuses of their power and trust to the peoples prejudice and oppression ( all which are now patronized and maintained by pretext thereof ) but only to secure them from unjust vexations and suits , for what they sincerely acted for the publike good , according to their trust and duties . and which is yet more sad and dolefull , the very greatest malignants , who have been most active against the parliament , and for our good affections and service to it , have burnt down much of our houses , seized upon our goods and estates , imprisoned , beaten , wounded and mained our persons , imposed heavy taxes on us , indicted us of high treason for bearing armes in the parliaments defence , and enriched themselves with our spoyles and estates ; by colour of the articles of oxford , exeter , winchester , and the like : exempt themselves from our actions and arrests , stay our judgments and executions after our expence , in suits and recoveries at the law , when we have received not one quarter of the damages we sustained by them , by verdict and tryall ; and summon us from all parts of the kingdom , to appear and wait for divers weeks before the committe of complaints at westminster , to our intolerable vexation and expence , where they find more friends and favour commonly then we , and force us to release both our damages and costs of suit to our utter undoing : the very extremity both of injustice and ungratitude , which makes malignants to insult and triumph over us , out of whose estates we wer by divers remonstrances and declarations of both houses , promised full satisfaction for all our losses and sufferings in the parliaments cause ; who are now on the contrary thus strangely protected against our just suits against them , for our sufferings by them , and are promised a general act of indempnity and oblivion ( as we hear ) to secure themselves for ever against us , whom they have quite undone ; which if obtained , wil break all honest mens herats , and discourage them ever hereafter , to act or suffer any thing for the parliament , who insteed of recompencing them for their losses and sufferings , according to promise and justice in a parliamentary way , do even against magna charta it self , and all justice and conscience , thus cut them off from all means and hopes of recompence or relief in a legall way , and put cavaleers into a far better and safe condition , then the faithfulest and most suffering parliamenteers , a very ingrate and unkind requital . besides we cannot but with deepest grief of soul and spirit complain , that contrary to these our undoubted rights and priviledges , many of our faithfullest knights and burgesses , whom we duly chose to consult and vote for us in parliament , have through the malice , practise and violence of divers mutinous and rebellious souldiers in the army ; and some of their confederates in the house , without our privity or consents , or without any just or legal cause , for their very fidelity to their country , for things spoken , done and voted in the houses , maintaining the priviledges of parliaments and opposing the armies late mutinous , rebellious , treasonable and seditious practises , been most falsly aspersed , slandered , impeached , and forced to desert the house and kingdom too ; others of them arrested and stayed by the army , and their officers , without any warrant or authority : others of them suspended the house before any charge and proofs against them ; others expelled the house , and imprisoned in an arbitrary and illegal manner , when most of the members were forced thence by the armies violence , without any just cause at all , or any witnesses legally examined face to face , and without admitting them to make their just defence as they desired : and that divers lords and members of the house of peers have likewise been impeached of high treason , sequestred that house , and committed to custody , only for residing constantly in the house , and acting in , and as an house of parliament , ( for which to impeach them of treason , is no lesse then treason , and so resolved in the parliaments of 11. r. 2. & 1. h. 1. in the case of tresilian and his companions ) when others who dis-honorably deserted the house , and retired to the mutinous army , then in professed disobedience to , and opposition against both houses , are not so much as questioned ; and all this by meer design and confederacy , to weaken the presbyterians and honest party in both houses , which were far the greatest number , and enable the independent faction , to vote and carry what they pleased in both houses ; who by this machivilian policy and power of the army ( under whose guard and power , the king , both houses , city , tower , country have been in bondage for some moneths last past ) have extraordinarily advanced their designs , and done what they pleased without any publike opposition , to the endangering of all our liberties and estates . nay more then this , we must of necessity remonstrate , 〈◊〉 the representative body of the kingdom , and both house of parliament , by their late seditious and rebellious army , have not only been divers ways menaced , affronted , disobeyed , but like wise over-awed , and enforced to retract and null divers of their just votes , declarations and ordinances against their judgments and wills , to passe new votes , orders and ordinances sent and presented to them by the army , to grant what demands , and release what dangerous prisoners they desired of them ; to declare themselves no parliament , and the acts , orders and ordinances passed in one or both houses , from the 26 of july , to the 6 of august meer nullities , during the speakers absence in the army , by a publike ordinance then layd aside by the major votes , and at last enforced to passe by a party of one thousand horse ( a far greater force then that of the apprentices ) drawn up into hide-park to over-awe the houses , because the generall and army , had voted them no parliament , and their proceedings null . since which they have in their printed treasonable remonstrance of the 18th of august , not only protested and declared against the members vote● and proceedings of both houses , both during the speakers absence and since , but likewise thus traiterously and rebelliously close up their remonstrance with this protest and declaration to all the world . p. 23. 24. that if any of those members , who during the absence of the speakers , and the rest of the members of both houses , did sit or vote in the a pretended houses then continuing at westminster , that hereafter intrude themselves to sit in parliament , before they have given satisfaction to the b respective houses whereof they are ▪ concerning the ground of their said sitting at westminster , during the absence of the said speakers , and shall have acquitted themselves by sufficient evidence ; that they did not procure nor give their consent unto any of those pretended votes , orders or ordinances , tending to the c raising and levying of a war ( 〈◊〉 is before ( falsly ) declared ) or for the kings coming forth with to london ; we cannot any longer svffer the same ; but shal do that right to the speakers and members of both houses who were * driven away to us , & to our selves with them d all whom the said members have endeavoured in an hostile manner to destroy ) and also to the kingdom , ( which they endeavoured to embroyle in a new war ) 〈◊〉 to take some speedy and effectual course * whereby to restrain them from being their own and ovrs and the kingdoms ivdges , in these things wherein they have made themselves e parties , and by this means to make war ; that both they and others who are guilty of and parties to the aforesaid treasonable and destructive practises and proceedings against the freedom of parliament and peace of the kingdom , may be brought to condign punishment , ( and that ) at the judgment of a free parliament , consisting ( duly and properly ) of such f members of both houses respectively , who stand clear from such apparant and treasonable breach as is before expressed : since which , they have in their general councel at putney and in their printed papers , voted down the house of peers and their negative votes , prescribed the period of this present parliament , and a new model for the beginning , ending , members and priviledges of all succeeding parliaments received and answered many publick petitions presented to them , and voted and resolved upon the question the greatest affairs of state , as if they only were the parliament and superior councel both of state and war ; voted the sale of bishops ▪ deans and chapters , and forrest lands for the payment of their ( supposed ) arrears , notwithstanding the commons votes to the contrary after sundry large debates ; voted against the houses sending propositions to the king ; to prevent which , as they first traiterously seised upon his person and rescued him out of the custody of the commissioners of both houses at holdenby , and ever since detained him in their power per force from the parliament ▪ so they have lately conveyed him into the isle of wight , and there shut him up prisoner without the privity and contrary to the desires of both houses . all which unparaleld insolencies and treasonable practises , we declare to be against our rights , freedom and liberties , and the rights and priviledges of parliament , and of our members there who represent us , and to his majesties honor , and safety , in whom we have all a common interest . and we do likewise further complain and remonstrate that the officers and agitators in the army , and their confederates in the houses , have contrary to our foresaid rights and liberties many ways invaded and infringed the rights and priviledges of the city of london , the parliaments chiefest strength and magazine , and metropolis of the whole kingdom , which extreamly suffers in and by its sufferings , and that by altering and repealing their new militia established by ordinances of both houses when ful and free , without any cause assigned , against the whole cities desire ; in marching up twice against the city in an hostile manner , not only without , but against the votes and commands of both houses ; in dividing and exempting the militia of westminster and southwark from their jurisdiction and command ; in seising upon and throwing down their line and works ( raised for the cities and both houses securities at a vast expence ) in a disgraceful and despiteful manner ; in marching through the city with their whole army and train of artillery in triumph in wresting the tower of london out of their power , and putting it into the armies and generals custody ; in removing the cities lieutenant of it without any reason alledged , and placing in a new one of the armies choyce ; in committing the lord mayor , recorder , aldermen , and divers colonel , captains and common councel men and other citizens of london ( who have shewed themselves most active and cordial for the parliament and impeaching them of such grand misdemeanors and treasons , which all the city and kingdom , and their accusers own consciences inform them they were more guilty of , without ever bringing them to a legal tryal ; only for doing their du●ies in obeying the parliament in their just commands , and standing up for their just defence according to their duty and covenant , of purpose to bring in others of their own faction into their places to inslave the city ; and commanding two regiments of foot to come and quarter in the city , and levy some pretended arrears t●●●ein by open force , which many by reason of poverty for want of trade and former loans and taxes to the parliament , are ●●●●rly unable to satisfie . and when such affronts and violence is offered to london it self by the army , by whose contributions and loans they were first ●●●sed and have been since maintained , and that under the parliaments notes , who are those engaged to them for then supplies and preservation and constant affections since their first ●●tting to this present ; the free-holders and free-subiects in the country and more remote counties , must necessarily expect free-quarter , affronts , pressures and violations of our just rights and liberties from them : the rather , because the garrison soldiers of the city of bristol , who not long since refused to receive the governor appointed them by both houses of parliament , have lately seised upon one of the wel affected aldermen of that city as he was sitting on the bench with his companions , and carried him away per force , refusing to enlarge , or admit any person to see or speak with him , or bring any provisions to him , til they receive some , moneths arrears in ready money and good security for al their remaining pay , and an act of indempnity for this their insolency and injurious action in particular , and all other offences in general , from both houses . of which unparaleld oppression and injustice from soldiers , who pretend themselves the only saints and protectors of our rights and liberties , we cannot but be deeply sensible , and crave your speedy redress in our liberties , rights and properties . but that which most neerly concerns us , and which we can no longer endure ▪ is this ▪ wherin we expect your present redress ; that this degenerated , disobedient and mutinous army , contrary to the votes and ordinances for their disbanding and securing their arrears in march and may last past , have traiterously and rebelliously refused to disband , and kept themselves together in a body ever since , offering such affronts and violence to the kings own royal person , both houses of parliament and their members and the city of london , as no age can paralel ; and yet have forced the houses when they had impeached and driven away most of their members , and marched up in a body against them and the city in a menacing , manner , not only to own them for their army , but to pass a new establishment of sixty thousand pounds a moneth for their future pay , to be levyed on the kingdom ( who now expect ease from all such taxes ) besides the excise and all other publick payments ; which now they importune the houses may be augmented to one hundred thousand pounds each moneth , and that they themselves may have the levying thereof : which insupportable tax being procured by force and menaces , when the houses were neither full nor free , against former votes and ordinances for the kingdoms ease , and not consented to by most of our knights and burgesses then driven away by the army , and dissenting thereto when present , and being only to maintain a mutinous and seditious army of sectaries , antitrinitarians , antiscripturists , seekers , expectants , anabaptists , recruited cavaliers , and seditious , mutinous agitators , who have offered such insufferable violence and indignities both to the king , ( whose person and life was indangered among them , as he and they confess ) the parliament , city , country , and so earnestly endeavored to subvert all magistracy , monarchy , ministry , all civil , ecclesiastical and military government , parliaments , religion , and our ancient laws and liberties ( as their late printed papers evidence ) that they cannot without apparant danger to the parliament ; king and kingdom , be any longer continued together , being now so head-strong that their own officers cannot rule , but complain publickly against them : and therefore we can neither in point of duty , conscience , law or prudence , subject to pay the said monethly tax so unduly procured by their violence , were we able to do it , being contrary to our solemn league and covenant , for the maintenance of such a mutinous and rebellious army , who endeavor to enslave and destroy both king parliament , city , kingdom , and monopolize all their power , wealth and treasure into their own trayterous hands , which they have wel nigh effected , having gotten the kings person , the tower of london , all garisons and forces in the kingdom by land , and the command of the navy by sea , into their power , and put the city and both houses under the wardship of their armed guards , attending at their doors and quartering round about them , and forced the run-a-way speakers and members not only to enter into and subscribe the solemn engagement to live and dye with them in this cause , but likewise to give them a ful moneths pay , by way of gratuity , for guarding them back to the houses , where they might and ought to have continued without any danger , as the other faithful members did , and to which they might safely have returned without the strength of the whole army to guard them . and to add to our pressures and afflictions , this godly religious army of disobedient saints , who pretend only our liberty and freedom from tyranny , taxes and oppression , demand not only this new heavy monethly tax , and the remainder of bishops , and all deans and chapters , and forrest lands in the kingdom , and corporation stocks for their arrears ( which if cast up only during the time of their actual service til the time they were voted and ordered to disband , wil prove very smal or little , their free-quarter , exactions and receipts for the parliament and country being discompted ) but ( which is our forest pressure ) do violently enter into our houses against our wils , and there lie in great multitudes many weeks and moneths together , til they quite ruine and eat out both us , our families , stocks and cattel , with their intolerable free quarter , and that in these times of extraordinary dearth and scarcity ; for which they raise and receive of us of late twice or thrice as much as their whole pay amounts unto , devouring , like so many locusts and caterpillars , all our grass , hay , corn , bread , beer , fewel and provisions of all sorts , without giving us one farthing recompence , and leaving us , our wives , children , families , cattel , to starve and famish ; the very charge of their free-quarter ( besides their insufferable insolencies and abuses of all sorts ) amounting in many places to above six times , or in most places to double or treble our annual revenues . besides the abuses in their quartering are insufferable ; many of them take and receive money for their quarters double or treble , their pay from two or three persons at once , and yet take oats and other provisions from them besides , or free-quarter upon others : some of them demand and receive free-quarter in money and provisions the double or treble the number of their troops and companies : others take free-quarter for their wives , truls , boys , and those who were never listed : others of them wil be contented with none but extraordinary diet wine , strong beer , above their abilities with whom they quarter , thereby to extort money from them ; and if an ▪ complain of these abuses , he is sure to be relieved with an addition of more , and more unruly quarterers then he had before . if they march from their quarters to any randezvouz , or to guard the houses , they must have victuals and money too , til their return . divers of the troopers and dragooners must have quarter for two or three horses a peece , which must have at least a peck of corn or more every day ( though they lye still ) both winter and summer ; their 7200 horse , and 1000 dragoons devouring above two thousand bushels of corn ( besides grass , hay and straw ) every day of the week , and this time of dearth , when the poorer sort are ready to starve for want of bread . in brief , the abuses of free quarter are innumerable , and the burthen of it intollerable , amounting to three times more then the whole armies pay , who are doubly payd all their pretended arrears , in the money & provisions they have received only for freequarter upon a just account ; and therfore have litle cause to be so clamorous for their pretended arrears from the state , who have received double their arrears of us , and yet pay us not one farthing for all our arrears for quarters when they receive their pay . which free quartering we do now unanimously protest against , as an high infringement of our hereditary rights , liberties , properties and freedom , and contrary to magna charta , the petition of right , and warranted by no express ordinance of parliament , now the wars are ended , and the army long since voted to disband , and such an excessive oppression and undoing heart-breaking vexation to us , that we neither can , nor are any longer able to undergo it . and therefore we humbly pray and desire this of both houses of parliament , as our unquestionable liberty and birth-right , of which they cannot in justice deprive us , without the highest treachery , tyranny , perjury and injustice ; that all these forementioned grievances and unsupportable pressures , under which we now groan and languish , may be speedily and effectually redressed without the least delay , to prevent a generall insurrection of oppressed and discontented people , whose patience , if any longer abused , we fear , wil break out into unappeasable fury ; and by their publike votes and remonstrances , to declare and order for our general satisfaction and ease . 1. that no habeas corpus shall be denyed to any free subject , imprisoned by any committe whatsoever , or by any officers or agents of parliament : and that any such person shal be bayled and discharged by the keepers of the great seal in vocation time , of the judges in the term , upon an habeas corpus ▪ if no legal cause of commitment or continuance under restraint shal be returned . 2. that every person who hath been wel-affected to the parliament , may have free liberty to prosecute his just remedy at law against every member of parliament , committee-man , officer or agent imployed by the parliament , who hath maliciously or injuriously imprisoned , beaten , sequestred , plundred or taken away his money or goods , or entered into his bounds and possessions contrary to law , and the ordinances of parliament , and the power and trust committed to him , notwithstanding any priviledg , or the ordinances , or any orders made for their indempnity ; which we humbly conceive , were only made to free those who acted for the parliament from unjust suits and vexations , for acting according to their duties , and not exempt any from legal prosecutions for apparent unjust , malicious and oppressive actions and abuses of their trust and power . 3. that no wel affected person may be debarred from his just and legal actions against malignants in commission , or arms against the parliament , who have imprisoned , plundered and abused them for their adhering to the parliament , by colour or pretext of any articles surrender , made by the general or any other , or by any future act of oblivion , so as they prosecute their actions within the space of 3 years next ensuing ; and that the committee of complaint may be inhibited to stay any such proceedings , such judgments or executions , as prejudicial to the parliament , and injurious to their suffering friends . 4. that all members of either house of parliament lately suspended , imprisoned , impeached or ejected by the armys menaces and violence , without legall tryall may be forthwith enlarged , restored and vindicated , and both houses and their members righted and repayred against all such who have violated their priviledges and freedom , and freed from the guards and power of the army . 5. that the kings person may be forthwith delivered up by the army , into the custody and possession of both houses under pain of high treason , in any who shall detain him from them , that so a firm & speedy peace may be established between him and his people , for their comfort . and cornet joyce who first seised , and those agitators who lately intended violence to his royall person and life , may be apprehended and proceeded against . 6. that the imprisoned aldermen and citizens of london may be forthwith enlarged , restored and repayred ; and the repealed ordinance for their new militia revived ; the tower of london put into the citizens hands as formerly , and firm reconciliation made between the city and both houses . 7. that the isle of wight , and all garrisons by land , and the navy by sea , may be put into the command and custody of those who enjoyed them by votes and orders of both houses , before the 26 of july last past , unless just exemptions can be taken to any of them by the houses . 8. that all votes and ordinances formerly made and repealed only by the menaces and over-awing power of the army may be revived , and all new votes and ordinances made by their threats and violence , when divers members were driven away by their terror , repealed and made voyd ; especially that ordinance for nulling all proceedings in parliament , during the speakers wilful absence , at least five times layd aside , by vote of the house commons ; and forced to pass by a particular menacing remonstrance from sir thomas fairfax and the army , and a party of a thousand horse drawn up in hide-parke to over-awe the houses , besides an armed guard then standing at their doors . 9. that the true grounds of the speakers and other members deserting the houses and repairing to the army and their entering into an engagement to the army , may be fully examined ; and what members subscribed their names thereto : and who of them that sate in the houses , at any time , during the speakers absence in the army . 10. that all recruited soldiers in the army ▪ entertained since the taking in of oxford , may be presently disbanded without pay , the residue reduced only to five or six thousand ; and none to be continued but such , who have taken the solemn league and covenant and shal be sworn to be obedient to both houses commands . 11. that no free-quarter shal from henceforth be taken by any officer or soldier in any gentlemans , husbandmans , ministers , merchants or tradesmans house without his free consent , and pay duly for the same , under pain of death , unless in a march for one night or two upon special service , when no other quarters can be procured , but only in inns , alehouses , and common victualing houses . and that no troopers horses may be allowed oats or provender , whiles they lie stil , and are out of actual service . 12. that all commissions for martial law may be revoked , and all soldiers , for all misdemeanors and offences punishable by law , made and declared to be subject to the jurisdiction and power of the judges of assise , justices of peace , and chief officers in any county and city ; and liable to arrests and executions for their just debts , and other actions at the common law . 13. that the tax for sixty thousand pound a moneth , for the armies pay , may be wholy remitted and taken off us ; and a moderate assessment only laid on the kingdom for the necessary relief of ireland , and pay of such few soldiers as shal be necessary to continue til the wel-affected in each county be put into a posture to defend it self and the kingdom . 14. that lieut. general cromwel , commissary ireton , and other members of the house of commons , residing in the army , and the councel of war and agitators , who compiled and drew up the late insolent and treasonable remonstrances and representations to both houses , especially that of the fifth of this instant december , may be forthwith apprehended and impeached of high treason , of which they are far more guilty then any members or citizens formerly accused or impeached by their means , out of the ruines of whose estates they desire the satisfaction of their own pretended arrears . 15. that the general and army , together with the councel of war , officers and soldiers of the army , may be presently sent to , and give an answer to both houses , whether they continue together as an army , by vertue of any commission and authority derived from the houses only ; and if so , to take an oath to be obedient to all their just commands ; or else keep together in a body , only by their own private engagement and authority as a pretended cal from the people , as john lilburn in late printed papers affirmes they do : which , if really true , we can repute them no other , but a most riotous assembly of rebels and traitors against king , kingdom and parliament , and their taking of free quarter on us against our wils , no better then burglary and felony , for which they ought to suffer death . 16. that the extraordinary dammages the kingdom , city and country have sustained by free quarter and loss of trade , through the armies refusal to disband , and late recruits , contrary to the votes of both houses for their disbanding ( which dammages amount to above twenty times their pretended arrears ) may be satisfied out of their arrears as far as they wil go , to be totally struck off for that purpose , and the residue out of the estates of such officers and others who have been the chief instruments of continuing and recruiting the army , and free quartering them neer the city , and consequently the original causes of these damages . the rather , because it is sir thomas fairfax and the councel of the armies own law and justice in their arrogant representation to the houses ; decem. 7. 1647. p. 21. where they thus declare their desires . yet now , in justice , we cannot but desire that , besides the levying of the ( cities ) arrears at last , ( for which we have been put to stay so long ) there may now likewise be some reparation thought on from the city to the parts adjacent for abeve one hundred thousand pounds damage through the armies attendance here on the cities defaults and delays ; which reparation we ( if necessitated thereunto , or called upon by the country ) must in their behalf demand from the city to the ful ; and now also ( the rather in order to that ) we must earnestly desire , that the proceedings against those citizens and others lately impeached , may be hastned , and out of their fines or confiscations , some part of reparation may be made to the countries adjacent for the afores aid damages , which the crimes of those persons ( they should have said , the rebellion and disobedience of the officers and army to both houses ) did first bring upon them , &c. and what reparation of damages they thus prey from others , who are innocent and no causes of them , is just they should first make themselves , being the real authors thereof , by their own confession . all which we humbly pray , as our just rights and liberties , in our own and the whole kingdoms behalf , who shal , by gods assistance , with our lives and fortunes resolutely maintain and defend his majesties person and lawful power , the ancient priviledges and freedom of parliament , and our own unquestionable rights , properties and franchises ( according to our solemn vow and covenant ) against all encroachments , powers , and private factions whosover , for the honor , benefit , and safety of us and our posterities , and wil no longer suffer the king , parliament , city , country and kingdom to be enslaved and trambled upon by a dangerous and perfidious combination of self-ended men , who endeavor nothing but to advance themselves by our publick ruines and confusions . finis . notes, typically marginal, from the original text notes for div a91239e-90 a so they term them . b to wit , the fug●tive members who withdrew unto & engaged with the army , and by their engagement are made parties & incompetent iudges . c no , it was only for their own just defence against the armys force & rebellious reproaches against them . * they ran away before they were driven , & might have set on the said day as wel as others without disturbance , as they did the very next morning after the tumult . d a detestable parenthesis and horrid scandal . * this is their maintenance of the parliaments priviledges & freedom , & the liberty of conscience the army contends for . e this disables all your fugitive members . f those who treacherously fled to you , brought you up against the city , and signed your engagement , are no such members , but ingaged parties . a legal resolution of two important quæres of general present concernment clearly demonstrating from our statute, common and canon laws, the bounden duty of ministers, & vicars of parish-churches, to administer the sacraments, as well as preach to their parishioners; with the legal remedies to reclaim them from, or punish and remove them for their wilfull obstinacy in denying the sacraments to them. by william prynne esq; a bencher of lincolns inne; to whom these quæres were newly propounded by some clients. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56177 of text r219602 in the english short title catalog (wing p3995). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 83 kb of xml-encoded text transcribed from 18 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56177 wing p3995 estc r219602 99831061 99831061 35523 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56177) transcribed from: (early english books online ; image set 35523) images scanned from microfilm: (early english books, 1641-1700 ; 2038:29) a legal resolution of two important quæres of general present concernment clearly demonstrating from our statute, common and canon laws, the bounden duty of ministers, & vicars of parish-churches, to administer the sacraments, as well as preach to their parishioners; with the legal remedies to reclaim them from, or punish and remove them for their wilfull obstinacy in denying the sacraments to them. by william prynne esq; a bencher of lincolns inne; to whom these quæres were newly propounded by some clients. prynne, william, 1600-1669. [2], 28, [2] p. printed by f.l., london : in the year, 1656. caption title on p. 1 reads: a legal resolution of two important quæres of general present concernment, &c. running title reads: a legal resolution of two important quæres. reproduction of the original in the british library. eng church of england -clergy -early works to 1800. church of england -government -early works to 1800. sacraments -church of england -early works to 1800. a56177 r219602 (wing p3995). civilwar no a legal resolution of two important quæres of general present concernment. clearly demonstrating from our statute, common, and canon laws, t prynne, william 1656 14208 87 0 0 0 0 0 61 d the rate of 61 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2005-12 tcp assigned for keying and markup 2006-01 aptara keyed and coded from proquest page images 2007-01 ali jakobson sampled and proofread 2007-01 ali jakobson text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion a legal resolution of two important quaeres of general present concernment . clearly demonstrating from our statute , common , and canon laws , the bounden duty of ministers , & vicars of parish-churches , to administer the sacraments , as well as to preach to their parishioners ; with the legal remedies to reclaim them from , or punish and remove them for their wilfull obstinacy in denying the sacraments to them . by william prynne esq a bencher of lincolns inne ; to whom these quaeres were newly propounded by some clyents . august . contr ▪ cresconium grammaticum , l. 2. c. 10. christiana sane in vobis sacramenta cognosco , et in his illud quoque diversum improbo ac respuo , quod cum eadem etiam in schismate habea●● , eadem catholicis ex●fflatis . prorsus agnoscit in vobis ecclesia cuncta quae sua sunt , nec ideo non sunt ejus quia apud vos inveniuntur . apud vos quippe aliena sunt , sed cum vos correctos recipit cujus sunt , fiunt etiam salubriter vestra , quae perniciose habebatis aliena ▪ discordia vos possedit sub titulo pacis ; ergo , discordia pellatur , pax introducatur . london , printed by f. l. in the year , 1656. a legal resolution of two important quaeres of general present concernment , &c. the case and quaeres propounded . a. is presented , instituted , inducted to the vicaridge and parish church of b. having immediate and sole cure of souls ( the rectory being impropriate ) and receives the whole profits therof from the parishioners , to whom he usuall preacheth ; but yet ( after many freindly sollicitations and meetings ) peremtorily denieth publikely to administer the sacraments of the lords supper and baptism to the major part of the parishioners ; or to any of them , as his parishoners ; but only to some few in private , as members of his new-gathered congregation ; to the great discontent , grief , injury of the generality of the parishioners . who thereupon desire to be resolved , 1. whether a. their vicar , by the laws of england , accepting of this parochial vicaridge and cure , and receiving the profits thereof , be not in ●oint of right , justice , law , equity , ex officio mero , obliged duly to administer the sacraments publikely to the parishioners in the church , as fitting and formerly accustomed times , as well as to preach unto them , and that in proper person , if in health and required ? 2. whether the parishioners may not now legally prosecute a. for his obstinate peremptory refusal to administer the sacraments publikely , personally , and duly to them ? to what penalties a is lyable for this contemptuous neglect of h●s duty towards them ? and what legal course is best for the parishioners to prosecute for their just relief herein , in these distracted times ? the resolution returned to the propounded case , and quaeres . these quaeres being of great moment and universal concernment to all ministers , vicars , and parishioners throughout the nation ; & not debated to my knowledg in any printed law-books or reports , i shall be more copious in the resolution of them for my own satisfaction , as well as your resolution , whom they so much concern ; this being like to prove a leading case to many others in like condition . to your first question , i return this answer . 1. that it is the general received opinion , resolution of all * councils , fathers , canonists , casuists , schoolmen , divinis , antient or modern , papists or protestants , ( whether lutherans , calvinists , presbyterians , or independents ) i have seen ▪ and the expresse resolution of the church of england , both in antient & modern councils , synods , canons , injunctions , the book of ordination , common prayer , articles of religion , a. 23. 26. homilies , and late directory ; that all ministers , presbyters , priests , whatsoever , lawfully called and ordained , are by christs one gospel institution , specially ordained , injoyned , as well to administer the sacraments of baptism and the lords supper to the people , and parishioners committed to their charge , as to preach the gospel to , or catechise them , and that as an essential part of their ministerial function . which they at large evince from mat. 28. 19 , 20. mar. 14. 22 , &c c. 16. 15 , 16. luke 14. to . 25. c. 17. 37. 22. 1● . c. 24. 47 , john 3. 22 , 23. c. 4. 1 ▪ 2. acts 2. 41 , 42 , 46. c. 6 4. c. 8. 12 , 13 , 36 , 38. c. 10. 48. c. 16. 15. 33. c. 18. 8. c. 19. 4 , 5. c. 20. 7. 11. luke 12. 42. 43. 1 cor. 1. 14 , 15 , 16. c. 9. 11 ▪ to 15. c. 10. 16 , 22. c. 11. 20. ●● 34. c. 4. 1 , 2. rom. 12. 6 , 7 , 8. ephes. 4. 11 ▪ 12 , 13. tit. 1. 7 , 8 , 9. phil. 4 , 17 , gal. 3. 1 , 27. and * other texts . hence all the protestant princes , states , cities , and divines in germany , in their concordia pia , & confessio fidei & doctrinae , under all their hands and seals , printed lipsiae 1584 p. 188. define the ministers office ( commonly called sacerdotium by the papists ) to be ministerium verbi , of sacramentorum aliis porrigendorum : evangelical bishops and presbyters to be such , p. 39. quibussecundum evangelium , sou ut loqunntur de jure divin● , est commissum ministerium verbi et sacramentorum . and p. 15. artic. 14. de ordine ecclesiastico , docent quod nemo debeat in ecclesia publice docere aut sacramenta administrare , nisi ritè vocatus : who when thus duly called to the ministry , ought as well to administer the sacraments , as to preach to the people , as they there resolve , p. 316. and elswhere : with whom all other protestant churches accord , as you may read at large in the harmonie of confessions , sect. 12 , 13 , 14 , 15 ▪ &c. this likewise is the resolution of our statutes of 50 e. 3 c. 5. 1 rich 2. c. 15. 31 h. 8. c. 14. 32. h. 8. c. 44. 33 h. 8. c. 32. 1 mariae ▪ c. 3. made in times of popery ; and of the statutes of 1 ed. 6. c. 1. 2 & 3 e. 6. c. 1. 5 & 6 e. 6. c. 1. 1 eliz. c. 2. 8 eliz. c. 1. 13 eliz. c. 12. ( made in times of reformation . ) that preists and ministers ought ex officio mero , to administer the sacraments , as well as preach to their people ; and thereupon these later statutes expresly stile all and every of them in particular , a priest or minister of gods holy word and sacraments , in the copulative ; because they are obliged to minister both of them unto their flocks upon all occasions , both by the laws of god , and the land , as they are ministers . 2ly , as they are parochial ministers , vicars , or incumbents of parish-churches , they are precisely , personally and indispensably obliged , * ex officio , of meer duty and right to administer the sacraments of the lords supper and baptism to all their parishioners ( who are legally qualified and desire the same ) publ●kely in the church at convenient seasons . this i shall clear , first from the very definition of a parish , and parish-church , to which they are presented , and then by direct statu tes and authorities . cardinal hostiensis in his summa , l. 3. tit. de parrochiis , panormitan in rubrica de parrochiis , petrus rebuffus de collationibus , p. 655 willielmus lyndewoode provinc . constit . l. 3. tit. de parrochiis , duarenus de beneficiis , & disputat . anniversaria , l. 1. c. 26. franciscus zerula praxis episcopalis , pars 1. tit. parochia . goffriàus abbas , tit. parrochi● , with sundry others , define a parish to be locus in quo degit populus certis finibus limitatus , et alicui ecclesiae deputatus . and a parish church to be , ecclesia quae habet parochiam ad ejus curam deputatam , ad quam convenit populus * ad recipienda sacramenta , et ad audienda sacra , et verbum dei , et rudimenta fidei , diebus sacris . which dr. iohn cowel in his interpreter , and iohn minshaw , in his guide unto tongues , in the word parish , thus second & english ; a parish in our common law , is the particular charge of a secular priest : and then subjoyn , a parochial church is that which is instituted for the saying of divine service , and ministring of the holy sacraments to the people dwelling within such a compass of ground near unto it . with them accords the book of mich. 34 e : 1. fitz. quare impedit 187. where they prove a church to be no chapel , but a parish church , because it had sepulture , baptism , and sacraments administred in it . and the statute of 32 h. 8. c. 32. for the church of whitegate to be made a parish of it self , and no part of the parish of over ; proves it to be a parish church antiently , from this very reason , because the inhabitants and tenants within such places and precincts , time out of mind , came and resorted to the said parish-church of whitegate , within which times they have continually received sacraments and sacramentals at and in the said church , and have continually used to marry , bury , and christen within the same . and the statute of 32 h. 8. c. 44. reduced the town of royston , belonging to 5 remote parish-churches , to one parish church new built i nt , because it was over-painfull ( especially to the impotent , sickly , and aged inhabitants ( to travel to those churches so remote , or any of them , to hear their divine service , and they could not have the sacraments and sacramentals to be ministred to them , according to the laudable custom of holy church , to their great perils and jeopardies , through the remoteness of these churches , and absence of their parsons and curates in such cases of necessity , when their presence o the comfort and consoliation of their parishioners , is most requisite and ●ehovefull . so that parish churches ( so stiled , because originally built by the patrons and parishioners for their ease , use , benefit , and the use of , and ast; seats in them are still in the patron & parish , who repair them ) were originally built and ast; consecrated , as well for the administration of sacraments in them , by their parish priests , parsons , and vicars , as for divine service , prayers and preaching ; of which the people cannot be deprived , without their great disconsolation , perils and jeopardies , as this paliament and statute resolve : to which the statute of 1 jacobi , ch. 30. for errecting a new church in melcombe regis , to be the parish church of radipol , &c ▪ might be added , to the like effect . this will be most apparent and irrefragable , by considering the office and duty of every parish-priest parson and vicar , and why he is stiled par●chial : he his stiled a parish-priest or minister , as duarenus and others forecited resolve , because he is specially obliged to preach , administer the sacraments , and perform all other duties belonging to a minister , to all and every inhabitant of that parish to whose church he is presented , instituted inducted ; and not to any others , but only voluntarily when he pleaseth , being married and espoused to that peculiar parish ; whence he is stiled * parochus , and the people parochia , by the canonists and lawyer ; a angelus de clavasio , and b franciscus zerula , thus describe the office of a parish-priest , or vicar . parochi officium est , primo praedicare : pueros rudimenta fidei et obedientian docere : vim , et usum sacramentorum exarare populo : oves sass agnoscere , et bono exemplo pascere ; sacramenta administrare , &c. c rebuffus thus seconds them . ecclesia parochialis dicitur beneficium saeculare et cum administratione , quia curatus tenetur ministrare sacramenta ecclesiastica , &c. aliaque opera parochianos tangentia , facere tenetur . and he is called an d incumbent , both by the common , and canon law , from the word incumbo , because he ought diligently and wholly to apply him self to discharge these his pastoral duties him●elf , 1 tim. 4. 15 , 16. acts 6. 4. this duty of administring the sacraments , as well as preaching , is so inseparably annexed to every parochial minister , vicar and incumbent , that e jacobus de graffiis , f jo. andreas , and other casuists , question , whether parochus potest assumere alium sacerdotem in adjutorem pro administranda eucharistia , vel in officio praedicandi , vel aliis ? resolving affirmatively , that he may , only for a season , when himself by reason of sickness , or multitude of the communicants , or other necessary occasions , is unable to discharge those duties in person , quia tunc necessitas legem non habet . non tamen possit per viam delegationis generalis committere alicui omnem suam curam , quia videretur se exonerare , cum tamen debeat per se exercere . with these canonists , the book of the consecration of our english ministers ; the homilies touching the use and administration of the sacraments ; the book of common prayer and administration of the sacraments , with the rubricks therein ; the articles of the church of england , artic. 23 , 26. confirmed by several protestant parliaments , the english * injunctions of h. 8 & qu. eliz. reformatio legum ecclesiasticarum , in king edward the 6. his reign , and the canons of k●ng james , and the convocation under him , can. 20 , 21 , 22 , 23. fully accord , injoyning all parsons , vicars , incumbents whatsoever , to administer baptism and the eucharist to their parishioners , at least * thrice every year in person ( which they used to administer ever● lords day to the people in the primitive church , as i have elsewhere prov'd at large ) as well as to preach , catechise , and read divine service to them . memorable is that passage in that pathetical exhortation prescribed by the church of england , in the b●ok of common prayer , to be used by all ministers when they shall see the people negligent to come to the ho●y communion , viz. when god calleth you , be you not ashamed to say , i will not come ? &c. i for my part am here pesent , and according to mine office , i bid you in the name of god , i call you in christs behalf , i exhort you as you love your own salvation , that ye will be partakers of this holy communion , &c. and whereas you offend god so sore in refusing this holy banquet , i admonish , exhort , and beseech you , that unto this unkindnesse you will not adde any more , which thing ye shall do , if ye stand by as gazers and lookers on them that do communicate , and be not partake●s of the same your self , &c. how many ministers now a days preach direct dehortations from the sacrament , pointblank against this exhortation and their t●●s , prescribed by god and christ himself , 1 cor. 11. 24 , 25. this do , as oft ( as ye do eat and drink ●t ) ●n remembrance of me , and no lesse than 5 acts of parliament , which thus back the premises . the statute of 1 e. 6 c. 1. in the very beginning of reformation , and yet in force , enacts , that the blessed sacrament be hereafter commonly delivered and ministred unto the people within the church of england and ireland , & other the kings dominions , under both the kinds of bread and wine ; that the people present shall receive the same with the priest which shall administer the sam● , who shall , at least one day before , exhort , all persons which shall be present , likewise to resort , and prepare themselves to receive the same : and when the day prefixed commeth , after a godly exhortation by the minister made , the said minister shall not without a lawfull cause deny the same to any person that will devoutly and humbly desire it ; any law , statute , ordinance , or custom to the contrary hereunto in any wise notwithst●nding . the statutes of 2 and 3 ed. 6. c. 1. 5. and 6 e. 6. c. 1. and 1 eliz. c. 2. enact and ordain ▪ that all and singular ministers in any cathedral or parish-church shall be bound to say and use the celebration of the lords supper , and administration of the sacrament of baptism , and of the lords supper , in such order and form as is mentioned in the book of common prayer ; and if any manner of parson , vicar , or other whatsoever minister that ought to mi●ister the sacraments shall refuse to minister the sacraments , in such cathedral or parish-church , or other places , as he should use to minister the same , in such order and form as they be mentioned and set forth in the said book : or shall wilfully and obstinately standing in the same , use any other rite , ceremony , order , form , or manner of administration of the sacraments , than is mentioned and set forth in the same book : that upon his lawfull conviction thereof , by verdict of 12 men , or by his own confession , or by notorious evidence of the fact , he shall lose and forfeit to the king , his heirs and successors , for his first offence , one whole years profit of his benefice , or spiritual promotion , and also suffer imprisonment for 6 months without bayl or main●rise ; and for his second offence , be ipso facto deprived of all his spiritual promotions , and likewise suffer one whole years imprisonment , and for his third offence , suffer imprisonment during life . the statute of 13 eliz. c. 12. enacts , that none shall be made minister , or admitted to preach or minister the sacraments , being under the age of 24 years . that every person admitted to any benefice with cure , shall publickly read the articles of religion in the same church whereof he shall have the cure , in the time of the common prayer there , with declaration of his unfeigned assent thereto , and be admitted to minister the sacraments within one year after his induction ; or else upon every such default , he shall be ipso facto immediately deprived , and there upon the patron prese●t a new incumbent . by all which * acts it is clearly resolved , that every parson , viccar , minister of a parochial church is admitted thereunto , as well to administer the sacraments as to preach , and peremptorily obliged , frequently , constantly to do it in person , as a principal duty of his function and pastoral cure , under pain of forfeiting of the profits of his benefice , imprisonment , and deprivation , for his contempt and neglect thereof , by these expresse statutes of our protestant parliaments , as well as by our canons , convocations , divines and the whole church of england . if any object , that these statutes are now abrogated , repealed by the ordinance of both houses , prescribing the use of the directory , in place of the book of common prayer and administration of the sacraments ; therfore ministers are not now obliged by them to administer the sacraments to their parishioners . to this i answer . 1. that no ordinance of parliament whatsoever ( especially to repeal and alter former acts of parliament ) can be made without the three fold consent of king , lords , and commons in parliament , an act and ordinance of parliament being all●ne , and requiring the self same treble consent in law , as i have irrefragably proved at large in my i●enarches redivivus printed anno 1648. against sir edward cooks and other mistakes in this point ; which threefold assent the objected ordinances wanting , are meer nullities in law , and can no waies repeal these forecited statutes , remaining still in their legal power . 2ly . admit these statutes repealed , or suspended by these ordinances , ( which i deny in point of law ) yet these very objected ordinances , and the directory it self , positively enjoyn all ministers and vicars , duly to administer the sacraments of the lords supper and baptism to all their parishioners ( duly prepared and qualified according to these ordinances ) as well as these statutes and the books of common prayer . therefore if these ordinances or the directory be still in force , they are bound by them to administer the sacraments to their parishioners ; but if they be grown out of date , and absolete , ( as the objectors and those of the congregational way believe , who will not submit unto them ) then the statutes pretended to be repealed by them , are again revived by their expiration , and so oblige them as firmly now as heretofore . 3. the administration of the sacrament being an * essential inseparable part of every ministers duty , who hath a parochial cure , or charge of souls , both by the law of god , and constitutions of our own and all other christian churches , as i have proved , admit these statutes all repealed , yet they are still obliged by their very office , and pastoral function , to administer the sacraments to their parishioners , and therefore liable to divine and humane punishments for contempt or neglect thereof . if any object in the second place , that they are now admitted to parochial cures , only to preach the gospel in their parish churches , but not to administer the sacraments to their parishioners , as formerly . i answer , 1. that if there be any such new forms of admissions and institutions used , they are meerly void in law by the expresse resolution of the statute of 13. eliz. c. 12. and the other forcited acts : and ministers thus admitted are but only bare lecturers , not parsons , vicars or incumbents by our laws , & so the church still void notwithstanding such admissions , which are only to one part of their ministerial function , not to all their spiritual cure ▪ 2ly . such admissions to cures are strange monstrous impostures , hypocritical delusions , yea grosse absurdities , execrable to god and all honest christian men ; enabling ministers to receive the whole tithes , dues of their parishioners , yet exempting them from the moity at least of their pastoral duties , to which the laws of god and the land oblige them . we lately decryed it as an impious solecism & excuse in our old lazy non-preaching parsons and vicars ; that they alleged , they were instituted only to read common p●ayers , homilies , and administer the sacraments ; but not to preach to their parishioners . in the bishop of * dunkelden , and other lordly prelats , that they were ordained bishops only to govern the church , confirm and ordain ministers , but not to preach or administer the sacraments : and shall we now after all our late pretences of reforming their abuses , and declamations against their idlenesse , admit our new parochial incumbents to plead they are only half-ministers ; bound solely to preach , but not to baptise , administer the lords supper , catechise , visit the sick marry , bury , as all their predecessors did ? if any gentlemans hired shepherd should neglect to fold his sheep , or look them out when stray'd , and then plead he was only bound by his office to feed , keep them in their pasture ; or if his hired cook should tell him , that as his cook , he is bound only to boyl , but not to rost his meat , or bake his venison ; or should his laundress affirm , she was hired only to m●ke his bed , and sweep his chamber , but not to wash his linnen , or starch his bands or cuffs ; or his groom maintain , he was by his place obliged only to dress his horses , & give them hay , but not to water or carry them their provender ; would not all deride these their absurd , irrational allegations , and their master cudgell them to the performance of all the parts of their respective duties , or else turn them presently out of service ? and will god or men then indure , that their ministers of the gospel ( especially when pretending extraordinary eminency , diligence and saintship above other of their brethren ) should thus juggle with them to their faces , as openly to affirm , they took the ●ole cure of their souls only to reap all their dues , tithes , and to feed them with gods word in the pulpit , ( of which the * unconverted , unbaptized heathens , are capable as well as christians : ) but not with christs sacramental body or bloud at the lords table ; whereto professed christians only have a right , 1 cor. 10. 16. to 20. c. 11. 22. to the end ? to instruct their aged ▪ but not baptize their infant , or catechize their younger parishioners ? yea , that they took upon them their pastoral cure only to shear their fleeces , but not to own them as any part of their church or ●lock , or discharge the duty of a pastor towards them , unlesse they will unmodel themselves from a parochial church , into a private congregational conventicle ? those who have hearts of * adamant , or faces of brasse , publikely to make such an untheological , irrational , illegal , unministerial plea as this , so diametrically contrary to the very essence of their pastoral function , duty , and to their painfull predecessors practices in all ages , churches ; to our blessed * saviours own prastice , precepts ; and his description of a true and good shepard : john 10 ( yea to the definition of a true * visible church , wherein the word of god is truly preeched , and the sacraments duly administred , ) may justly fear they are no true shepards , but rather theeves , robbers , hirelings ; because they withhold from their flocks the sacrament of their spiritual regeneration ; yea the body , bloud , cup of our lord jesus christ , the g chief shepard of the sheep , who bequeathed it to them as their chiefest legacy , at his death , though themselves stile and confesse them to be , the very * seals of the covenant of grace , which they hold forth unto them only as a blank without a seal , refusing to set these seals unto it , when importuned by their people , upon any terms , but conformity to their own new church-wayes , thereby making the very * sacrament of christian love and union , a meer seminary of schism , contention , division , separation . and because they entred not by the door into the sheepfold , that is by any legal form of admission to their whole pastoral cure , but climbed up some other new way , only to preach unto their people , rather as to a company of unconverted heathens , than a christian church , till new minted into a segregated congregation , ( collected out of sundry parishes though never so remote ) but not to give the sacraments to them upon any terms ; h which they ought to do , yet not to leave their preaching undone , which though it be the first and chiefest part of their ministry , yet it is not the quarter part of their pastoral function , as scriptures and our laws resolve . if a. object , that he hires another to baptize and give the lords supper sometimes to his parishioners , though he do it not himself , his judgement and conscience being to the contrary . i answer , 1. this is a clear confession , that it is a part of his own duty , else why should he hire another to discharge it in his stead ? 2. this proves the former objection ( that he was admitted only to preach ) a meer fiction . 3. if he refuse to do it himself , out of conscience , as a thing utterly unlawfull in his iudgement for him to administer unto his parishioners , whilest in a parochial way ; with what conscience can he hire another to do that in his behalf and right , which himself holds sinfull , unlawfull for himself to do ? doubtlesse a sincere purely tender conscience will never hire or authorize any other to discharge that office for him , which himself holds utterly unlawfull , unevangelicall , nor dare accept or retain a parochial cure upon any terms to gain the fleece so long as he disclaims the constitution as antichristian , and the flock as none of his pasture sheep . 4ly . such a poor tender conscience would rather resign its parochial charge , to avoid all appearance of evill , of scandal , and still the checks arising in it , that grieve the spirits , wound the consciences , or disquiet the peace of the generality of his parishioners , by the personal neglect of his duty , in not communicating with them at the font and lords table as his real flock , or as one speritual bread and body with them , as he ought to do . 1. cor. 10. 16 , 17. and that only upon this ground , because they will not conform to the new independent guarb against our lawes , for which they can produce no text , no colour of authority from scripture , antiquity , or reason , to warrant the seclusion of any from the sacraments that are under their parochial cure . 5ly . the discharge of this part of his duty by such a person , or in such a manner as gives no satisfaction to our lawes , nor his parishioners , is no satisfactory plea before gods or mans tribunal , since he can no more conscientiously or duly administer the sacraments , than the parishioners receive them , only by a substitute . yea , if it were no good excuse for our pluralists , or non-resident prelatical clergy-men heretofore , that they preached and discharged their ministerial function by their curates , their office being i personal and untransferrable to another , then by the selfsame reason , it can be no plea in law or conscience for this vicar , that be administers the sacraments to them only by another vicar ; especially when he doth it to his separate congregation by himself alone , and never by a proxy . 6ly . it it a strange plea to plead conscience against doing that expresse duty , which his very place and calling oblige him both in * conscience and justice to perform . such is the free admission of his parishioners to the lords supper . which christ himself , his apostles , christian ministers in all ages till this present , made conscience duly and diligently to administer to the people , exhorting them frequently to receive the same . i suppose mr. john humfrey his treatises of free admission unto the lords supper , his rejoinder to dr. drake , and john timson his bar removed , will rectifie his conscience , and remove this bar , if perused by him . to your 2 quaere i answer , 1. it is a principle in divine , civil , canon , and common law , & in the gospel too , beneficium propter officium ; that every minister or person who enters into , & reaps the benefit of any office or function , ouhght coscentiously to perform all the duties of his ministry and function , and addict himself fully and personally to discharge them , as luk. 12. 42 , 43. rom. 12. 7. 1 cor. 4. 1 , 2. 2 cor. 4. 1 , 2. & 6. 3 , 11 , 12. 1 cor. 9. 7 , to 13. eph. 4. 12 , 13. col. 4. 17. 1 tim. 4. 15. c. 3. 1 , 2 , 3. 2 tim. 4. 1 , 2 , 5. tit. 1. 7. 2 pet. 1. 12 , 13. compared with luk. 10. 7. 1 tim. 5. 17 , 18. rom. 15. 27. gal. 6. 6. 2 thes. 3. 10. resolve . 2ly . that it is a maxime in law , k that the grant of every office to any person for life or in fee , hath this tacit condition annexed to it by the very law it self , without any special words or condition of the grantor , that the grantee shall well and truly perform his office , execute that which to such office belongeth to be done , and attend upon it ; or otherwise , that he shall forfeit the same : and that it shall be lawful for the grantor or his heirs , to out him of his office , and grant it to another who will more faithfully discharge it . littleton puts the case of a parker , steward , constable , bedelary , baylywick ; and he adds other offices , &c. which extend to ecclesiastical , as well as temporal offices . i shall illustrate it by some few unprinted records . claus. 6. e. 1. m. 1. earl waren camerarius scaccarii ( which office he had leave to execute by deputy ) forfeited his office by the default and negligence of his deputy . claus. 17. e. 2. dors. 31. the marshal's office of england was seised as forfeited by the judges of the king's bench , because he had not one to attend there for him : after which , he was fined at 200 l. and upon promise of better attendance , restored . clause 33. e. 3. m. 33. the king sends a writ to the high-sheriff of cambridge , de subvicecomite amovendo , & aliena substituendo , because he misdemeaned himself in his office , was a person of ill fame , a cozener , one that had two names . claus. 4. e. 1. m. 5. claus. 15. e. 1. m. 4 , 8 , 9. claus. 16. e. 1. m. 2. claus. 17. e. 1. m. 2 , 3. claus. 25. e. 1. dors. 13. claus. 31. e. 1. m. 1. i finde l several writs to remove coroners from their offices , and to elect new in their places , because they could not , or did not attend upon their offices , or were sick , deaf , or unable to discharge them , though elected onely by the county in their couny-court . and if temporal offices have such a condition in law annexed to them , and are forfeited by the non-performance of them , and all the duties belonging to them ; much more then spiritual , which concern mens souls . 3. every person who sustains any considerable prejudice or damage by the wilful negligence , non-performance or mis-performance of any m sheriffs , bayliffs , escheators , guardian , attorny , viteler , hostler , smith , physitian , chirurgion , carpenter , mason , or other officer , or person intrusted by , or set over him ; may have a legal action or remedy against them at the common law , by an action of the case , or otherwise , wherein he shall recover damages : which law holds in spiritual and ecclesiastical offices . littleton is express , sect. 136 , 137. that if a man give lands in frankalmoigne to an abbot , prior , or any other man of religion , or holy church ; or to a parson of a church and his successors , to have onely divine and spiritual services done for him ; if they afterwards will not do , or fail to do such divine services ; if the services be not put in certainty , the lord may complain thereof to their lord or visitor , praying him that he will lay some punishment or correction for this , and also provide that such negligence be no more done ; and the ordinary or visitor of right are to do this : but if the divine service be in certain to be done , as to sing a mass , placebo , or dirge , &c. on some set-day of the week or year ; the lord , if such divine service be not done , may enter and distrain them to do it ; or else detain the lands , as forfeited , and n escheated to him by the non-performance of the divine service . these generals premised , i conceive the grieved parishioners may relieve themselves , and either reclaim or remove their vicar , if obstinate , by these legal proceedings , at the common law , ( which must be as just and equal to right the parishioners against their vicar for detaining their spiritual food and duties from them , as to help the vicar to recover his tythes and duties from them , when injuriously detained ; else it should be either very partial or defective ) there being now no ecclesiastical court , jurisdiction or commission extant , wherein or whereby to right them . 1. they may once more in a christian friendly manner ( for i would have no violent courses used , if christian intercessions may prevail ) repair to their vicar before the first lord's day of the next month ( and so in succeeding months ) and importune him to deliver the sacrament to such of them publickly in the parish-church , as he cannot charge with any scandal or ignorance , and to baptize their children at cording to his duty , else to resign his place to such a godly minister as will constantly do it : and if he peremptorily and frowardly deny to do either , or to allow such other able minister as the parishioners shall make choice of to perform these duties to them , they may then o publickly indict him for it upon the statutes of 1 e. 6. c. 1. and 1 eliz. c. 2. and upon the second conviction , he is ipso facto deprived of all his spiritual promotions , and his vicaredge , and the patron may present another . 2. they may all , after such refusal , joyntly detain their tythes and duties demanded by him as their vicar , because by his own confession he was never legally instituted to discharge all the duties of an incumbent , according to 13 eliz. c. 12. and disclaims to own them as his proper flock and cure , owning onely his segregated congregation for such , in opposition and contradistinction to his parish ; which they may plead in bar of any legal action to recover his dues : this p disclaiming of them , being a kinde of resignation of his vicaredge , and bar unto his dues ; quia beneficium , propter officium : and if he be not their true , real parochial vicar , and do not his duty to them , he hath no right to their parochial dues , nor yet unto the glebe . if he will muzzle their mouths , * not tread out the corn to them at the lord's table ; they may also muzzle his mouth , that he shall not eat of their corn , at his own or their tables , by way of retaliation . our * law-books resolve , that if an annuity be granted to a lawyer , attorny or physitian , pro consilio suo impenso & impendendo ; if they stop or refuse to give the grantors their counsel when required ; or if a. grants an annuity to b. for the use of a way , and b. stops the way , that hereupon the grantors may justly stop and detain the annuities , being forfeited by their stoppage , and refusal of their counsel , advice or way granted ; and may plead the same in bar of any action at law for these annuities : much more then may the parishioners do it , when their vicar or incumbent not only peremptorily refuseth to give them the sacraments , but disclaims to be their vicar or pastor in a parochial and legal way . if they will reap all their temporal things and duties , it is just they should sow and administer to them all their spiritual things and nutriments ; if the parishioners must not muzzle their mouths , much less must they muzzle their parishioners , by keeping them back from the lord's table , 1 cor. 9. 10 , 11. rom. 15. 17. 3. every particular parishioner grieved , may by the statutes of 13 e. 1. c. 24 , 25 , 50. have a special action upon the case against him at the common law , ( as i conceive ) since he can now have no remedy in any spiritual courts , as formerly , being all suppressed : by the self-same reason , as executors and legatees , now sue at the common law , and in chancery , for such things , such legacies , and ministers for such tythes and duties , as formerly they had no suit nor remedy for , but in ecclesiastical courts alone ; else there should be a great failer of justice : and because no ecclesiastical q jurisdiction is now either wronged by , nor can be claimed , pleaded against such actions , there being none to take present conusans of them : or at least , they way have a * special action against him , upon the statutes of 1 ed. 6. c. 1. & 1 eliz. c. 2. as well as upon the statutes of magna charta , c. 20. of merton , c. 10. and other acts . 4. i conceive the patron himself ( from the forecited reasons of littleton's cases of frankalmoigne , sect. 136 , 137. and of conditions in law , sect. 378 , 379. ) upon the vicars refusal to own the parishioners , and administer the sacraments to them , as his flock ; ( for which end , the glebe and duties thereunto belonging , were first given by the patron and his tenants to the vicar and his successors , as well as to preach ) may justly enter upon him for breach of this condition in law , out him of the glebe and vicaredge , and bestow them on some other by his immediate deed of collation , and livery of seisin , without any presentation , as * free chappels used to be , and are still collated ; and that upon this legal ground ; r because patrons originally had the sole right of collating , inducting , instituting clerks and incumbents to their churches , without the bishops special license , ( as they conferred other freeholds to their tenants , by their own immediate grants and liveries ) till bishops and ordinaries , by sundry canons extorted by degrees this jurisdiction from them , ingrossing the power of approving , admitting , instituting , and inducting clerks into parochial churches by degrees into their own hands . which bishops with their canons , ordinances , being now suspended or abrogated in england , and their ancient jurisdiction , by no express act of any real parliament legally transferred to any other ecclesiastical or civil jurisdiction ; thereupon the patron 's original right of collating benefices by immediate grant and livery , and outing the incumbent thereof , ( as patron s and visitor of the church ) for not administring the sacrament and discharging his pastoral office , is * revived , resetled in him by law : so as he may now justly enter , put out , or deprive the vicar , as the bishop and ecclesiastical courts might formerly have done , there being no other legal ecclesiastical powers here extant to depose him : which the marginal law-books , with other authorities will cleer , compared with 21 e. 3. 46. 13 e. 4. 8 , 9. br. extinguishment and reviver . 16. 46. cooks 1 instit. f. 319 , 338. 24. e. 3. 72. bro. escheat 9 , 19 , and 13 e. 1. c. 25 , 50. 5. i conceive a special writ may be framed and directed to the vicar , commanding him to administer the sacraments to his parishioners , according to his pastoral duty , and the laws and customes of england ; and if then he refuse to do it , thereupon he may be fined , attached , ejected for this contempt , and that upon this ground . our king heretofore , being * supreme governours in and over all ecclesiastical and temporal causes , and persons , had by the very common law of england a soveraign power , without any act of parliament , by their remedial writs upon all occasions , to enjoyn all officers , prelates , priests , ministers , persons under them , to discharge those offices , duties , which the laws themselves and their offices engaged them to perform . this is evident , not only from the examples of solomon , jehosaphat , hezekiah , josiah , ezra , and other godly kings and governours in scripture , who appointed the courses of the priests and levites to be in the temple , commanded them to wait upon , and execute their offices in every particular , according to their charges ; to offer sacrifices , praise , and minister before the lord , as the duty of every day required , to kill and prepare the passeover for the people : but likewise , by special proclamations & edicts , commanded both levites , priests , people , to keep , celebrate and eat the passeover ( a type of the lords supper which succeeds it ) when they had neglected it sundry years , 1 chron. 24. 2. chron. 8. 14 , 15. c. 13. 10 , 12 , 18. c. 29. 16 , to 35. & 30. 3 , 16 , 24. c. 35. 2 , to 18. ezek. 6. 18 , to 22. but also , 1. from the elegant t oration of king edgar to his prelates and clergy , et mea quidem interest laicos , cum aequitatis jure tractare , inter virum & proximum suum justum judicium facere , &c. sed & meae sollicitudinis est ecclesiarum ministris , gregibus monachorum , choris virginum & necessaria administrare , & paci corum ac quieti consulere . de quorum omnium moribus ad nos spectat examen , si vivunt continenter , si honeste so habent ad eos qui foris sunt , si in divinis officiis solliciti , ●● in docendo populo as●●dui si victu sobrii , si moderati habitu , s in iudiciis sunt discreti , &c. ego constantini , vos petri gladium habetis in manibus ; jungamus dextras , gladium gladio copulemus , ut projiciantur extra crastra leprosi , &c. 2. from the statute of magna charta , c. 22. we shall deny nor defer to no man justice or right ; to wit , neither in civil nor ecclesiastical things or causes , the words being general , and extending equally to both , as this charter doth , both to all ecclesiastical and temporal persons , freemen of the realm of england , c. 1 , & 2. 3. from this usual recital in our kings writs : u nos qui singulis de regno nostro in exhibitione justitiae sumus debitores : nos volentes quibuscunque legis nostris in curits nostris plenam , & celerem iustitiam exhiberi . precipimus , &c. justiciae complementum sibi fieri & nullatenus differri , &c. secundum legem & consuetudinem regni nostri . 4. by the statute of west . 2. an. 13 e. 1. c. 24 , 25 , 50. which enacts , that where a writ is granted out of the chancery for a thing done to the noysance of another , the plaintiffs from henceforth shall not depart out of the kings courts without remedy , because in the register of the chancery there is no special writ found in his case ; but from henceforth , where in one case a vvrit is granted , in like case when like remedy faileth , the writ shall be made as hath been used before : and from henceforth , as often as it shall fortune in the chancery , that in one case a vvrit is found , and in like case , falling under like law , and requiring like remedy , there is found none ; the clerks of chancery shall agree in making the writ , or the plaintiffs may adjourn it till the next parliament ; and by consent of men learned in the law , a ( new ) writ shall be made ( according to his special new case ) lest it should happen afterwards , that the kings court should fail to minister iustice unto complainants . and lest suiters coming to the kings court should depart from thence without remedy , they shall have writs provided in their cases : by vertue of which statutes , the subjects grieved , have usually had , not only a vvrit grounded thereon , particulatly stiled x in consimili casu , but many other writs , as appeareth in our books , though they bear not that name . and by vertue thereof , i am cleer of opinion , the parishioners may have a special writ against their vicar in this very case , to enjoyn him to administer the sacrament of baptism and the lords supper to them and their children , to admit them thereunto , as well as a vvrit de clerico admittendo , to the bishop , and de attornato recipiendo , to the sheriff , upon the statute of merton , c. 10. when they refuse to admit them contrary to our laws . 5. from the ancient vvrit of william the conqueror to y remigius bishop of lincolu , and all other bishops and archdeacons : willielmus dei gratia , &c. propterea mando & regia auctoritate praecipio , ut nullus episcopus , vel archidiaconus de legibus episcopalibus amplius in hundret , placita , teneant , &c. and from his jurisdiction over all ecclesiastical persons and causes thus recorded by eadmerus , hist. novorum , l. 1. p. 6. cuncta ergo divina simul & humana ejue nutum expectabant . non ergo pati volebat quenquam in omni dominati●ne sua constitutum , romanae urbis pontificem , pro apostolico , nisi se jubente recipere , aut ejus literas si primitu● sibi oftensae non fuissent ullo pacto suscipere . primatum quoque regni sui , archiepiscopum dico centuariensem , si coacto generali episcoporum concilio praesideret , non sinebat quicquam statuere vel prohibere , nisi quae suae voluntati accommodata , & à se primo essent ordinata . nulli nihilominus episcoporum concessum iri permittebat , ut aliquem de baronibus suis , seu ministris , sive incesto , sive adulterio , sive aliquo capitali crimine denotatum , publicè nisi ejus praecepto implacitaret , aut excommunicaret , aut ulla ecclesiastici rigoris poena constringeret : therefore much less would he permit any bishop or minister under him to suspend or seclude them from the sacraments , ( especially those no wayes guilty of such scandalous sins or other crimes ) as now our ministers do their parishioners , without any divine , regal , or legal authority , but their own papal usurpation , pride or peevishness . 6. this is most apparent by the usual known printed writs of our kings to relieve their grieved subjects both in civil and ecclesiastical courts and things ; as namely , the vvrits b de procedendo ad judicium , when any judge or court of justice delayes the plaintiff or defendant of his right , in not giving judgement for them , when , and so speedily as they might . c de libertatibus allocandis , when the justices of the king , eyre or forest , deny or delay to grant any burrough or person the ancient liberties they formerly enjoyed by charter or prescription . the vvrit d de leproso amovendo to the major of london , and other officers , to remove lepers which infect the people ; and , de villi● & venellis mundandis , when they neglect to remove the one , & cleanse the other , as they ought . the several e writs to sheriffs and others , to repair highways , bridges , walls , sea-banks , and the like , extant in the clause and patent rolls , before any statutes made for their repair : the writs f de reparatione facienda , de curia claudenda , & quod permittat , to particular persons to repair houses and fences , when they neglect to do it , and are bound thereto by law , and to enjoy their commons , rights , &c. the vvrits de attornato recipiendo , de moderata misericordia , de secta ad molendinum & curiam , de ne injusta vexos , de non ponendo in assisis & juratis , quod clerico non eligantur in officium ballivi , &c. de corrodio habendo , quo jure , vilaica removenda : vvith many other vvrits of this nature to temporal officers , persons : by these ensuing vvrits to ecclesiastical persons ; as namely , the usual writs to bishops g ad admittendum clericum , & de cautione admittenda ; to enforce them to admit clerks , and absolve , excommunicate persons upon caution tendered , when they refused to do it against right and law . to which i shall add , claus. 24. e. 1. dors . 10. & 8. claus. 32. e. 1. dors . 9. claus. 33. e. 1. dors . 16. claus. 34 e. 1. dors . 10. claus. 8. e. 2. m. 25. claus. 20. e. 2. dors . 10 , 11. claus. 7. e. 3. pars 2. m. 4. where several writs are directed to the bishops and clergy-men , to make special prayers and supplications for the king and his children , the nobles and state of the realm , upon several occasions , in times of war and danger ; to make special thanksgivings for victories , and intercessions for eminent persons souls departed , as they were then obliged to do in those times of superstition . cart. 16. joan. dors . 10. a vvrit to the chapter of york , not to elect s. de c. for their archbishop , quia esset contra honorem nostrum & oommodum regni nostri , pat. 18. h. 3. m. 17. claus. 26. h. 3. m. 12. pat. 29. h. 3. dors . 5. pat. 9. e. 1. m. 2. pat. 25. e. 1. pars 1. m. 9 , 10. pat. 8. joan. m. 1. where king john , henry 3 , and eward 1. by their special writs , prohibited the archbishops , bishops , and clergy in their counsels and synods to do , act , enact , or assent to any thing concerning their crowns , person , state , counsel , or against their royal crown , dignity , or the rights of the realm of england ; and to revoke , suspend the counsels and convocations summoned by the archbishop , under pain of forseiting all their goods , and seisure of their baronies , claus. 41. h. 3. pars 1. dors . 5. a vvrit to walter bishop of duresm , reciting , that none ought to judge the laws of the realm , but the king , and his nobles and judges ; that if he presuming on his royal liberties , did otherwise , ipsas libertates regales , ad nos per vestrum abusum censemus devolvendas , claus. 16. e. 1. dors . 2. a vvrit to the bishop of london injoyning him no longer to permit any persons to come and worship quandam tabulam , ( having divers pictures in it , and the earl of lancansters amongstothers ) which they worshipped and adored , tanquam rem sine sanctum , absque authoritate ecclesiae romanae : with sundry such-like writs to bishops and clergy-men in our records , the grounds whereof extend to our present case . and claus. 4. h. 3. m. 10. a vvrit of prohibition to the archbishop of york , not to excommunicate some who hurt and molested the cruce-signati , because the cruce-signati had no title to the lands . but that which comes neerest to our case , and is the same in substance , ( confirmation and chrism being formerly reputed * sacraments amongst us in time of popery ) is this memorable case , recorded in rot. claus. an. 26. e. 3. the bishop of exeter would have visited the church of st. burian in cornwal , founded by king arthur , and exempted from episcopal jurisdiction : whereupon , they opposing his visitation , the bishop interdicted the parish , and refused to give them oyl and chrism to baptize their infants , or to confirm their children : upon complaint whereof to the king , there issued a writ out of the chancery to the bishop , commanding him to absolve them , confirmare parvulos , & chrisma mittere , to confirm their children , & send them chrism to baptize their infants . this record was vouched and shewed to the judges of the king ; bench , mich. 17 jacobi , upon this occasion : the parishioners of a village in kent , elected a church-warden according to their ancient custom , but the bishops official refused to admit him ; whereupon the parishioners , by m. noy their counsel , moved in the kings bench for a writ and mandamus to the official , to admit the churchwarden , or if he did not , to shew good cause to the court why he refused to do it ; which the court upon view of this president granted them , and upon it the churchwarden was admitted to his office : if then our kings , and their courts of chancery and kings bench might enjoyn this bishop and this official by special writs and mandates to absolve these interdicted parishioners , confirm their children , & send them chrism to baptise their infants , and to admit the churchwarden the others had chosen according to their duties , by the statutes of 13 e. 1. c. 24 , 25 , 50. forecited , or by their own inherent jurisdiction without any special act of parliament , being things to which they were obliged by our laws & their very offices , duties to perform ; then by the self-same law and reason , may our kings , and courts of justice upon all occasions , by vertue of these statutes , whereon these writs were principally grounded , issue forth the like writs and mandates to all ministers and vicars , who refuse personally to baptize or deliver the lords supper to their parishioners at due & accustomed seasons , or to admit them freely to those sacraments , according to their bounden duties , to which their very office with the laws of god & the realm oblige them , unless they can shew a legal cause to the contrary , ( as none of them can do ) and in case they refuse to do it , they may thereupon be attached , fined , imprisoned , till they do conform and assent to do it ; as well as in the case of a * quid juris clamat , or per qua servicia , by which any tenant where he is bound and adjudged by law to attorn , & refuseth to do it , shall be imprisoned till he actually attorn in proper person ; ( not by deputy , which the law will not admit ) it being a personal duty , not performable by any other . i shall conclude this with that memorable record of pa● . 8. e. 1. m. 27. where the king by his writs , commanded all his sheriffs , bayliffs , and lieges , effectually to summon , admonish and induce all the jews within their bayliwicks , diligently to meet together to hear god's word preached to them by the friers predicants without tumult , contention or blasphemy , and not to hinder any jews from conversion whose hearts god should please to convert , as you may read at large in the 2 part of my short domurrer to the jews long discontinued remitter into england , p. 87 , 88. and if our kings by their writs might lay such injunctions on the unbelieving english jews , much more may they enjoyn all english ministers to administer the sacraments to their people , and not to hinder any of them from this * means of their spiritual conversion , as well as confirmation ; and likewise command the people diligently to frequent and receive them , especially when so long discontinued , neglected , slighted , denied , to gods dishonor , religions scandal , our chuches insamy , good christians greatest grief , the grand encrease of impiety , prophaness , schism , and decrease of christian amity , unity , zeal , that cordial brotherly love and sweet communion which was between ministers and their people , and between private christians heretofore when sacraments were more frequent . finally , if any parson or vicar for 2 yeers space refuse and cease to administer the sacrament to his parishioners , ( as many of late times have done ) i conceive a writ of cessavit will lie against him by the patron upon the stat. of west . 2. 13 e. 1. c. 41. as fitzh. natt . brev. f. 209 l. 5. e. 3. 25. b. register f. 238. fit . ●essavit , 12 , 18 , 24. 12 h. 4. 24. 45 e. 3. 10. ploud . f. 58. cook 4. rep. f. 118. 11. rep. f. 63. & 2. instit. f. 460. more then intimate , if not fully resolve . these legal remedies , if pursued in a just and christian way , may through gods blessing reduce many refractory parochical ministers and vicars , to the due administration of the sacraments to their parishioners , which too many of them have of late , totally , & divers in a deplorable measure cast off ▪ restore the comfortable , frequent enjoyment of them to those parishioners who have a long time earnestly thirsted after them , and prevent the anabaptistical , jesuitical design of g john canne with his fraternity , and others of late yeers crept into parochial cures , of purpose to subvert them , with all other parochial congregations , and all patrons rights to present unto them : a design most eagerly prosecuted , publikely allowed , and much advanced of late yeers by unchristian and illegal practices , gilded over with religious pretences : this is the opinion and judgement ( in answer to your case and quaeres ) of your friend and counsellor , will : prynne . lincolns inne , 20 junii , 1656. an appendix . our vicars and ministers refusal to administer the sacraments to their parishioners , is in truth an actual penal suspension and excommunication of them and their infants from the lords supper and baptism , without any precedent citation , articles , legal proceeding , hearing , or sentence denounced against them in any ecclesiastical classis or judicature , against all rules of religion , conscience , law , justice , and the express letter of magna charta , c. 29. wherefore , as king edw. 1 , 2 , & 3. did issue forth several writs and mandates to their bishops and clergy , * not to convent , question , censure , excommunicate any of their officers or subjects within their dominions , for discharging their duties , & duly obeying their mandates , and to absolve all those they had excommunited upon this account ; and likewise issue out writs to their sheriffs . de promulgantibus sententiam excommunicationis in ministros regis capiendis & imprisonandis , for obeying their commands : so by like justice , reason , may writs be issued to all those vicars and ministers who deny the sacraments to their parishioners , without any legal cause or sentence of suspension or excommunication first denounced against them , commanding them peremptorily to admit them to , and administer the sacraments duly to them ; yea , writs to the sheriffs to attach and imprison them in case of their wilful neglect or contempt herein , claus. 12. e. 2. m. 20. the archbishop of york and his ministers , oppressed , vexed the people of his diocess in his courts and visitations , by malicious citations for pretended adulteries , and other ecclesiastical crimes , before they were publickly defamed of , or presented for them , and for which they could not aid themselves by the kings prohibition , they having legal conns●●s of these crimes : upon petition to the king and his counsel against these malicious citations , by the people , there issued a special writ to the bishop , reciting and prohibiting such citations and proceedings for the future ; de oppressionibus populo per citationes non inferendis . by like reason and equity may special writs now be granted to ministers , not to oppress , vex , injure their parishioners , ( especially such as are neither scandalous , ignorant , nor actually excommunicated ) by depriving them of the sacraments at due and accustomed seasons , far worse then those malicious citations , which were but ecclesiastical process , when as these amount at least to ecclesiastical censures , suspensions , excommunications from the sacraments , & that for sundry months , may , yeers , of many whole cities and parishes , without any legal accusation , conviction , hearing . in times of popery , if any religious person or monk professed , departed from his house , and wandred abroad in the country , against the rules of his religion or order , upon a certificate thereof in chancery by the abbot , there issued a writ de * apostata capiendo ( of which i finde * many presidents in our records ) for the sheriffs to apprehend and deliver him to his abbot or his attorney , to be chastised according to the rules of his order . and if any priests wore long hair ( against the canons and rules of their order in the kings court , where the ordinaries had no power to reform them , the king himself granted a special writ and commission to certain persons , giving them plenam potestatem scindendi capillos clericorum qui sunt in hospitio no●●ro , & familia nostra longos crines habentium , & capillos nutrientium , &c. pat. 21. h. 3. dor . 3. by the like and better reason then may special writs be issued , to reduce ministers off●ending in , and apostatizing from the very essential duties of their function , ( not in circumstantials only , as these in former times ) to the due execution of the duties of their function , and administration of the sacraments to their parishioners , according to the rules of their order , the statutes of the realm , the doctrine , custom of the church of england so much now slighted , contemned by them , to gods dishonor , the vilipending of their ministery , function , yea , the sacraments themselves , and their peoples grief , offence and spiritual prejudice , who may doubtless have a * special action at law against them on the stat. of 1 ed. 6. & 1 eliz. c. 2. for their relief herein . the sacraments of baptism and the lords supper are bequeathed by christ to all visible members of every visible church , as visible , ( who are known to their ministers ) not to the elect , invisible , regenerated members only , infallibly a known to god alone , but not to any mortals : every member of a visible church , hath an equal right to , and b in all sacraments , ordinances , priviledges of the visible church , as he is a member of it , by vertue of his membership ; as c all freemen of england have an equal interest in all the laws , rights , liberties , franchises of the realm of england , as they are native freemen of the body politick of england . as therefore no english freeman may or can by law be debarred from the use and benefit of the common laws , liberties and franchises of england , or any pretended or real crimes , but by and upon a legal conviction , and judgement according to the laws of england ; so no member of the church of england ( of ripe yeers , and in his right senses ) may or can be debarred from the lords table , or any other publick ordinances , priviledges of the church of england , for any pretended scandal , but by a judicial legal sentence of excommunication , whereby he is actually suspended or cut off from being a member of the church for the present : his very membership , whiles he is a member , entituling him of right to whatever ordinances any other members enjoy , and to participate with them therein . it is therefore as great , as high an injury , injustice , tyranny , for any ministers whatsoever , to deny , seclude , all or any of their parishioners from receiving the lords supper , upon any pretext of scandal , ignorance , unpreparedness , or for fear those who are scandalous and unregenerate , should participate with such who are regenerated , if they should permit the eucharist to be frequently celebrated , without or beside any real accusation , conviction , and excommunication of them by any legal ecclesiastical jurisdiction ; as for any judge or temporal officer to outlaw , imprison , banish , dis-inherit all or any of them of their hereditary franchises , liberties , free-holds , without the least legal indictment , trial , or judgement by their peers for any real or pretended crimes , or misdemeanors surmised or suggested against them : and therefore not patiently to be tolerated any longer , but suddenly reformed , reduced by all legal means and lawful civil power , without partiality or connivance ; who ought to be as careful of the peoples spiritual food and priviledges , as of their ministers tythes and duties ; and to do equal right to both . finis . notes, typically marginal, from the original text notes for div a56177e-200 * in their canons , titles , discourses , treatises de clericis , pastoribus , sacerdotio , parochia , sacramentis , ordinatione , ministris , et ministerio verbi dei , baptismo , divinis officiis , &c. * heb. 6. 1 , 2 c. 7. 31 to 28. c. 8. 3. 4 &c. 10. 29. 1 ▪ pe● 3. 21. c. 5. 2. 3. g●n . 14. 2. 8. * see pontifical● rom. de ordinatione presbyteri , p. 41 , 42 , 50 , 55 , & p. 458. degrada●io ab ordine presbyteratus . fox acts and monuments , vol. 2. p. 87 , 109. 388. 392. * see pontificale roman●● p. 247 , 259. de ecctesiae dedicatione . ast; pas● . 2 car. b. r. carlton and huttons case resolved . ast; pontificale roma●um , de dedica●ione eccle siae . p 247 259. &c. * see calvinii l●x 〈◊〉 〈…〉 cum . tit. parochia & parochus . a summa angelica , tit. parochia . b praxis episcopalis , pars 1. tit. parochia , sect. 3. f. 162. c praxis ben●eficiorum , aps 1 p. 4. sect. 10. d littleton , sect. 180. 14 h. 7. 25 , 26 cooks 1 instit. f. 11 90. e appendicis aurei , l. 1. c. 12. sect. 18. 20. p. 53. f ind. cap. omnis in glos. executionem . * f●x acts and 〈◊〉 vol. 2. p. 388. 392 , 393 ▪ 401 * see sp●lmani concil. p. 529. 548 615. 616. and my suspo siat suspended p. 24 , 25 , 26. giving & receiving being relata ; all those texts , laws , that prove it the peoples duty to receive the sacraments ▪ de eo nomine oblige the minister to admit and del●ver to them . posito 〈◊〉 relatosum ponitur alterum . mr. iohn humfrey . a second vindication of free-admission to the lords supper . p. 125 , &c. nota. * see also 3 jac. c. 4 , 5. 7 jac. c. 2. object . 1. answer , * see fox acts and monuments , vol. 2 p. 87 388 , 392 , 393. the books of ordination ●f ministers . object . 2. answer . * fox acts and monument . vol. 2. p. 614. see re●ves and shelfords treatises to the same purpose . * mat. 28. 19 , 20. acts 26. 18. c. 15 3. c. 21. 22. 2 tim. 4. 17. * eze. 3. 9. zech. 7. 22. * mat. 26. 26. to 31. mark . 14. 22. to 27. lu. 22. 14. 19. 20. 1. cor. 11. 23. 24 : 24. * see dr. john white , and dr. feild of the church . g 1 pet. 2. 3. hebr. 13. 20. * see my sustension suspended . * 1 cor. 11. 26. to 33. 1 cor 10. 16 , 17. h mat. 23. 23 lu. 11. 42 object . 3. answer . i 1 cor. 9. 16 , 17. 2 tim. 4. 1 , 2 , 5. 1. tim. 4 13. 16. col. 4. 17. heb. 7. 24. * see my suspension 1 suspended , and answer to 4 serious questions . quaere . 2. k li●●leton sect. 378 , 379. l. qu. e. 4. ● . 26 , 27. 2 h. 7. 11 , 39. h. 6. 32 , 33. br. office 19. forfeiture 27. plouden . f. 379 , 380. 21 e. 4. 20. cook 8. rep. f. 44. 9. rep. f. 50 , 95 , 96 , 97 & 1 inst. f. 233 , 234. l see fit . nat. brevium ▪ f. 162 , 163. & the regist. de coronatore ox●nerand . m see ashes tables , tit. action sur le case , sect. 1 , 2 , 4 , 7 , 9 , 10 , 12 , 13 , 15. brook and fitz. actoin sur le case . n see cooks 1 instit. f. 96 , 97. o mr. burroughs did so accolchester by my advice , only for denying him the sacrament , because he would not receive it at the new rail : see my quenchcole at the end . p see cooks 1 instit. f. 101 , 102 , 362 , 363. and brooks and fitz. tit. disclaimer . * 1 cor. 9. 9 , 10 , 11 ▪ 2 thes. 3. 10. * 21 e. 3. 7. 41 e. 3. 6 , 19. 38 h. 6. 20. 39 h. 6. 22. 5 e. 4 , 5. 15 e. 4. 3. 20. e. 4. 18 , 19. brook annuity , 7 , 8 , 25 , 28 , 29. condition 45 dyer . 6 h. 8. 2. 6 e. 6. f. 76. sir john davis reports , f. 1. b. q see brooks and fitz. tit. conusance & jurisdiction . * see fitz. brook & ash . actions sur le statute . * sir john davis reports , f. 46. b. 2 jacob fa●rchelas case cooks 1 instit. f. 344. ● . west's presidents . grants . 337 , 354. r see m. seld●ns history of tythes , ch. 6. sect. 2. ch. 9. sect. 4. my ju● patronatus , p. 15 , 16. s 8 e. 3. 69 , 70. 8 ass . 29 , 31 cooks 1 instit. f. 344. a. fit . natur . brev. 35. a 42. a. b. 6 h. 7. 14. a. dyer 273. b. co. 11. rep. 99. b. fit . breif . 660. 27. e. 3 85. a. 30. e. 3. 10. a. * sir john davis reports , f. 39. b. * 26. h. 8. c. 1. 37 h. 8. c. 17. 1 el. c. 1. 5 el. c. 1. 8 el. c. 1. sir joh. davis reports , f. 19. t ethelredus abbas , de genealogia regum angliae , col. 359. isaac causabon , in epistola exercitationibus praefix● . fox acts and monuments , vol. 1. p. 218. jo. seldeni ad eadmerum notae , p. 161 , 162. mat. parker , antiq. eccles. brit. in dunstano . spe●manni concil. p. 477. u register of writs pars 2. f. 10 , 15 , 38 , 127 , 189. fitz. nar. bre. f. 153 , 154 , &c. see the 2d part of my soveraign power of parlaments p. 79 , 80. x fitz. brief 283 , 309 , 794 , 807 , 810 , 849 , 947. & entree 3 , 7 , 8 , 61 , 68. nat. br. f. 206 , 207 , 38 h. 6. 3 , 12 , 30. cook l. 8. f. 49. instit. 2. f. 405 , 407 , 486. y cart. 2. r. 2. m. 12. n. 5. fox acts & mon. l. 4. p. 154. john seldeni ad eadmerum notae , p. 167. b fitz. nat. bre. f. 153 , 154. regist of writs . c fit . nat. bre. f. 229. register of writs . d register of writs fil. n. br. f. 234. claus. 20 e 3. part 1. m. 18. 14. e pat. 14 e. 1. pars 1. dors . 2. pat. 18. e. 1. m 4 , 5. & dors . 8 9 , 44. claus. 4. e. 3 m. 2. claus. 11. e. 3. pars 2. m. 10. claus. 48. e. 3. m. 22. claus. 10. e 3. m. 28. f fit . nat. er. f. 228 , 229 , 163 , 164. g fit . nat. br. f. 38 , 30 , 63 , 64 65. and the register of writs . * see lindewood , summa angelica , rosella , & thomas zerula praxis episcopal . 1. tit. chrisma & confirmatio sacramentum . * 37 h : 6. 14 brook , quid juris clamat 18. imprisonment 26. 3 e. 3. per quae servitia , fitzh. 17. ash attornment 9. & 12. * see my answer to 4 serious questions , my suspension suspended , mr. humfrey his reply to dr. drake his second vindication of ortodox free admission , p. 58 , 59. mr. blake , his covenants sealed , ch. 7. sect. 13 , 14. g his voice from the temple . see my jus patronatus . notes for div a56177e-8220 * pat. 25. e. 1. pars 1. m. 9 , 10 , 12. pars a. m. 5. claus. 25. e. 1. dors . 6. claus. 30. e. 1. dors . 14. claus. 12. e. 2. m. 12. claus. 15. e. 3. pars 1. dors . 39 , 40. * the register , tir. nat. bre. f. 233 , 234. * pat. 25. h. 3. dori . 8. pat. 39. h. 3. m. ●o . pat. 47. h. 3. pars 1. m. 20. pat. 49. h. 3. m. 2. pat. 53. h. 3. m. 31. pat. 54. h. 3. m 28. pat. ● . e. 1. m. 19. pat. 4. e. 1. m. 29. pat. 9. e. 1. m. 22. claus. 12. e. 2. dors . 12. claus. 25. e. 3. pars● . dors . 14. * see brook , fitzh. ash . action sur le statute . a 2 tim. 2. 9. 1 king. 8. 39. 2 chron. 6. 30. b eph. 2. 13 , 10. 22. c. 4. 4 , 5 , 6. col. 3. 11. 1 cor. 10. 1 , 2 , 3 , 4. c. 6. 17 , 18. c. 3. 21 , 22 , 23. c magna charta , c. 29. the petition of rights 3 caroli 5 e. 3. c. 9. 25 e. 3. c. 4. 28 e. 3. c. 3. 47 e. 3. c. 18. 42 e. 3. c. 3. ix proposals by way of interrogation, to the generall, officers, and souldiers in the army, concerning the justness of their late proceedings in law or conscience against, and contrary to the parliament, tending to reduce them to their former loyalty and obedience; by discovering the injustice, unreasonableness, and dangerousness of their proceedings and demands, wherein they still persist, onely to pick a quarrell with the parliament, without any reall cause. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91234 of text r201644 in the english short title catalog (thomason e396_8). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 25 kb of xml-encoded text transcribed from 6 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91234 wing p4022 thomason e396_8 estc r201644 99862144 99862144 114293 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91234) transcribed from: (early english books online ; image set 114293) images scanned from microfilm: (thomason tracts ; 63:e396[8]) ix proposals by way of interrogation, to the generall, officers, and souldiers in the army, concerning the justness of their late proceedings in law or conscience against, and contrary to the parliament, tending to reduce them to their former loyalty and obedience; by discovering the injustice, unreasonableness, and dangerousness of their proceedings and demands, wherein they still persist, onely to pick a quarrell with the parliament, without any reall cause. prynne, william, 1600-1669. 11, [1] p. [s.n., london : printed, 1647] attributed to william prynne by wing. imprint from wing. annotation on thomason copy: "july 2d 1647". imperfect: trimmed at foot, affecting imprint. reproduction of the original in the british library. eng england and wales. -army -early works to 1800. england and wales. -parliament -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a91234 r201644 (thomason e396_8). civilwar no ix proposals by way of interrogation, to the generall, officers, and souldiers in the army,: concerning the justness of their late proceedi prynne, william 1647 4200 4 0 0 0 0 0 10 c the rate of 10 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-02 apex covantage keyed and coded from proquest page images 2007-03 jonathan blaney sampled and proofread 2007-03 jonathan blaney text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion ix proposals by way of interrogation , to the generall , officers , and souldiers in the army , concerning the justness of their late proceedings in law or conscience against , and contrary to the parliament , tending to reduce them to their former loyalty and obedience ; by discovering the injustice , unreasonableness , and dangerousness of their proceedings and demands , wherein they still persist , onely to pick a quarrell with the parliament , without any reall cause . psal. 12. 1 , 2. help lord , for the godly man ceaseth , for the faithfull fail from among the children of men , they speak vanity every one with his neighbour ; with flattering lips and with a double heart do they speak . the lord shall cut off all flattering lips , and the tongue that speaketh proud things : who have said , we will prevail , who is lord over vs ? amos 7. 2 , 3 , 4 , 5 , 6. london 〈…〉 nine proposals by way of interrogations to the generall , officers , and souldiers in the army , concerning the justness of their late proceedings in law or conscience against , and contrary to the parliament ; tending to reduce them to their former loyalty and obedience , &c. 1 whether that new light who should have prophecied half a year since , that sir thomas fairfax , lievetenant general cromwel ; and the other godly officers , souldiers , and saints of this army ; should seize upon the kings own person &c. contrary to the votes of the parliaments of both kingdoms ; march up against the parliament towards , and neer london , contrary to the houses commands , the cities desires , and their own engagements to them ; refuse to disband now the warrs are ended , or to releive ireland , enjoyn and enforce the houses to recal and annul their own votes , against their judgments , consciences , honor and common justice ; impeach their members by a general and illegall charge which they are unable to make good , and demand them to be forthwith suspended , and sequestred from the house , before any particulars produced or proofs made , contrary to the priviledg of parliament and law of the land : require both city and parliament not to list men , or take up arms so much as to stand only upon their own gaurd to prevent all surprisals , violence , plunder , and a new war , when they are marching up armed against them to their very walls : obstruct the releif of ireland , by diverting or recalling the forces designed thither , when themselves refuse to engage for its defence ; and require many unreasonable , unjust and impossible things at the parliaments hands , specified in their late remonstrances and letters ; especially that of june . 23. 1647. would not in their own consciences ▪ judgments , and all others , have been reputed , a most malicious , false prophet yea monstrous slanderer , worthy the severest censure ; and these actions deemed most prodigious , horrid , * treacherous , rebellious , and have been so adjudged and censured both by their own consciences , and all honest mens suffrages ? and yet now ( alas for greif ) we see all these things not only really acted , but justified by themselves and others even in print , to their eternal dishonour ( if persisted in ) to teach them , and all their freinds this humbling lesson ; that their new lights overmuch crying of them up , for most pretious saints , the godly party ; gods peculiar portion ; the saviors of the parliament , laws , kingdome ; and extolling them far above all other christians , who are not of their way , hath caused god in his just judgment ( to abate their spiritual pride , and overweening conceit of their transcendent piety , and fidelity ) to permit them thus to fall into those most foul and scandalous actions of disobedience and disloyalty to the parliament , which have blasted all their former glory with a perpetual blot of infamy ; and if they speedily repent not and crave pardon of god and the parliament for it with relenting humbled spirits ; into what other more desperate , unjust , bloody and treasonable acts , they may precipitate themselves , to the ruin of parliament , kingdom , city , country , religion , their own souls , bodies , estates , families ; and to what shameful ends they may bring themselves and their adherents at last , ( all which god of his infinite mercy give them grace truely to consider of and prevent ) no mortal is able to divine ; since the very * stars of heaven may fall unto the earth and be darkned ; rev. 6. 13. & 8. 12. and the purest saints have sometimes fallen into the foulest and most scandalous sins ( as david both into adultery , murther , treachery ) to humble and abate their pride , and convict them of their own humane frailty , and parity with other meaner saints in their repute . 2. whether the house of commons clearing of their xi . accused members by a unanimous vote upon long debate , on friday last , from anything said or done by them in the house , touching any matters contained in the charge or paper sent from the army : and resolution , that by the laws of the land , no judgment can be given to suspend these members , or any of them from sitting in the house , upon the papers presented from the army : should not engage the army in part of honor and justice , to give the house and those injured members an honorable reparation , and deliver up the accusers of them ( for the things pretended to be said or done by them within the house , of which they are thus absolutely and legally acquitted ) to publick justice , as false accusers , who have maliciously framed these fals suggestions against them , only to mutiny , & incense the army without any just grounds against the house , to wrack their private malice upon these worthy gallant men , and carry on their own private interests and treacherous designs , against the publick peace and weal , by suspending them the house ? 3. whether the armies declarations , papers and charge against the house and members , and the unjust , unreasonable demands therein contained ; especially these . * that the declaration inviting men to desert the army ( in obedience to the parliament ) and promising their arreares in case they do so ; be recalled . that the army ( now in rebellion ) may be presently payd up equally to those that have deserted it , in obedience to the parliaments just demands ; ( as if disobedience to the parliament , were more meritorious then obedience ) that the members charged may be forthwith suspended the house , ( before any legal accuser , charge or proof : ) that those who have deserted the army ( in obedience to the parliament and the law of god , rom. 13. 1. ) may be instantly discharged and disperst , ( but not continued in service for their faithfulness ) and receive no more of their arrears till the army ( in rebellion , yea the malignants and sectaries wherewith it is newly recruited to affront the parliament and are professed enemies to it ) be first satisfied ; who yet pretend , they are not mercenary , & still continued in the states pay , &c. against whom they mutinie ; that the parliament and city may be speedily and effectually freed from those multitudes of reformadoes ( had they said malignants , the motion had been just , but they must not be so hardly dealt with ) and soldiers that flock together in or about london ( where many of them inhabit ; others attend for their pay and to have their accounts stated , others upon their other law-business and affairs ) by a speedy dispatch and discharging them from the city : which is in truth to banish them from the place of their habitations , deny them liberty of suing for their arrears , auditing their accounts , or prosecuting their affairs , like free subjects , after they have adventured their lives for the parliament , and to deny them the liberty which all members in the army and wel-affected subjects challenge ; and is not in the parliaments or cities power to grant without raising tumults in the city , and justly exasperating all the reformadoes and soldiers against them : that all listings and raisings of new forces or drawing together of any ( for irelands , the parliaments or cities just defence ) and all preparations towards a new war may be effectually declared against and supprest ) whiles they in the mean time entertain and receive into the army all kind of discontented sectaries , if not malignants , and soldiers in arms against the parliament ; raise , list new forces , and make all preparations for a new war , against the parliaments votes ; to omit their demand concerning the kings not coming nearer london ; which are all so dishonorable , unjust , unreasonable , that no conscientious reasonable man ( but he that seeks a quarrel ) can demand , nor the parliament in honour , justice , prudence or conscience grant ; may not more truly be denominated , proved the declarations , papers and charge , of a dangerous mutinous * faction , and seditious party in the army ( resolved to receive no satisfaction at all from the houses , and to keep the army stil on foot out of sinister and private ends , though with the kingdoms loss and irelands ruin ) rather then of the body of the army it self ( never acquainted with these unreasonable demands ) whom they abuse with false reports and mis-representations of the parliaments proceedings , and intentions ? and whether the house , army , all true common-wealths men ought not with more reason and justice to impeach this mutinous factious party for mutineers and jncendiaries ; and desire them to be forthwith suspended , removed out of the army and councel of war til their publick tryals , ( especially if members of the commons house , or no proper members of the armie ) then they demand the present suspenfion of the accused members from the house ? and whether this peice of publick justice in the army ( who so much pretend unto it ) would not quiet al distempers therin , and reduce it to its former dutifulness , obedience , and fidelity to the houses ? 4. whether divers hundreds of english and irish souldiers , who during all the warrs bore arms and waged war against the parliament , under the command of the lord goring and others , have not since the surrender of oxford , ( by the practise of a factious malignant party in the army ) been entertained and listed in the army , to promote the kings and malignants designs ; who now declare themselves privately for the king against the parliament , and extreamly oppress the country by receiving large contributions from the people under colour of free-quarter ( which yet they take without payment ) about hatfield and other places ; and are as duly payd as any others in the army ? whether the parliament ought not to complain against , and impeach some officers of the army for this gross treachery and abuse ; and the counsel of war in the army be better imployed in examining and giving an account to the house of this abuse , and how many such cavaliers have been entertained , what pay they have received , what contributions and free-quarter they have unduly taken from the country ; and awarding them to make restitution of their pay and quarters , and then disarm and cashier all such , to give the parliament , city and kingdom satisfaction ; then to draw up new charges or remonstrances ? which if they refuse to do , the world wil soon discern whose designs they promote , and report they are as much the * kings and malignants army now , as the parliaments heretofore , and may prove more pernitious to the kingdom and parliament then ever any army of cavaliers that the king could raise . 5. whether many anabaptists , and dis-contented sectaries , have not repaired from london and others parts to , and been listed in the army , since the beginning of their late distempers , and the houses votes for their disbanding ? who can intend no other but some anarchical destructive designe agreeable to their principles , to ruin parliaments , monarchy , and all kind of government ? whether it be just or reasonable that the parliament should allow these pay , or the country free quarter , being forces listed against them , without their privity and commission ? whether many thousands ( if not half near the present army ) have not secretly ( without the houses knowledge or speciall order ) been listed in the army since the warrs ended , to oppresse the subject , and increase the kingdomes unsupportable charge ? whether the pay that these new recruits , ( who never were in actual service ) have received since the wars , onely for lying still and mutining against the parliament , if examined ( as in justice it deserves ) would not have fully satisfied all the arrears due to those old forces in the army who were in actuall service during the wars ? and if so , whether the houses and old souldiers in the army , have not been both abused ( by their own officers ) in these new recruits , who have anticipated those monies which should have satisfied their arrears ? and whether all these recruits ought not presently to be disbanded without further pay and to restore the money they have actually received , that those who have adventured their lives in service may be the better paid their just arrears , the parliament being unable to satisfie both ? 6. whether that army , who in its printed declaration ( of june 14. ) professeth it self ; not to be meerly mercenary , ought so much to insist upon the full payment of their arrears ere they disband ? or to demand pay ( when they have taken free quarter ) since they have been out of action and voted to disband ? whether the generals and all other officers commissions being conditionall : to obey and observe the direction of both houses of parliament , &c. be not absolutely forfeited and made void in law by their late disobedience to , and attempts against the houses priviledges ? and so their present continuing together in arms , and new recruits , a meer tumultuous assembly of riotors or armed mutineers against the parliament , whom all men by law and justice are bound to resist and suppress ; and their taking free quarter , &c. no other then direct plundering and trespasse , if not worse , by the strict law of god and man , of which they cannot in conscience or justice now crave an act of oblivion from the parliament whose authority they resist , whose priviledges they violate , whose members they wrongfully impeach , and desire causlesly to suspend contrary to the freedome of parliaments , to the insufferable injury of those countries and burroughs who have elected and intrusted them to serve for them and the kingdome in the house ; and contrary to your own pretended desires of free parliaments and elections , which your present actions diametrally contradict . whether the parliaments and cities standing on their guard , or raising forces to defend the line , and secure themselves and the parliament from plunder , and the violence of souldiers in the army , which the officers themselves cannot prevent , and suppressing tumults in the city , can any wayes be interpreted , a raising of a new war , by the army , ( who have presumptuously sent out their * warrants for provision even to hundreds within the lines of communication ) or any other rational man , more then the parliaments guard at westminster ever since the wars , or the guarding of the line heretofore when no enemy was neer , and the earl of essex forces lay about , or in the city , and suburbs ? especially since the army have broke their promises both to the parliament and city in marching up so neer the line , and many of the souldiers are so violent , insolent without , and by their disorders have incouraged others to insolencies within the line , and offer affronts unto the mēbers ? whether their pretences of emissaries sent by the accused members into divers countries to raise new forces , or introduce forraign forces , be not a malicious false slander , which may be truely retorted upon a factious party in the army , who have sent such emissaries to raise the sectaries in all counties ? and whether the obstructing and recalling of the forces for ireland , if examined , be not a meer treacherous plot of some of their own independent party ( whose commissions are now expired ) who have spent more moneys the last year , and put the kingdom to more expences in raising forces for ireland ( and then billiting them on the country without transporting them to do service , to oppress and discontent the people ) then would have actually reduced ireland ; for which the parliament in justice ought to call them to a strict account , and inflict upon them condign punishment ? 8. what assurance can the general or officers in the army give the houses ; that the army ( at least the major part and unruely turbulent spirits in it ) wil absolutely obey their commands or acquiesce with their resolves now , when they pretended they could not rule them in their march towards london and other ditempers heretofore ? or that they wil not march neerer london without giving the parliament and city timely notice , and the reasons of their march ( of which themselves wil be the only judges , though the notice in it self be neither timely , nor the reasons just ) ? and whether in duty and conscience they ought not ( if they can command the army ) rather absolutely to command them to retreat and disband ( at lest al such as are recruted since the votes for disbanding ) and give them clear satisfaction herein ; then thus to double ( if not trifle ) with the parliament and city , who have dealt so really and condiscendingly ( even below themselves ) with them , to allay their unjust distempers ? whether a councell of war ( consisting of the generall , some four members of the house of commons , and eight or nine gentlemen and tradesmen , newly raised to places of command by the wars ) can in conscience or justice take upon them in the name of the parliaments own army , to prescribe the parliament by way of menace in an imperious manner , to suspend their own members , recall their votes , banish , reformadoes , &c. and do what ever they please , or else threaten them with a new war and effusion of blood ( as they do in their letters and remonstrances ) which is more then the mock-parliament at oxford consisting of sundry lords and commons durst attempt ? and whether this councel of war , would not have adjudged the xi . accused members to be traytors , and demanded them to be not only suspended the house , but even corporally suspended or beheaded , had they carried themselvs so to the houses , & done in their councels of war and armies , ( reputed disorderly and prophane , ) what they have lately voted and acted in their councel and army of saints ? who wil never prove , an army of martyrs , but rather of mutineers , or worse ; if they persist and lose their lives in , or for their present cause & demands , notwithstanding all their varnished pretences , sufficiently discovered by their contradictory actions to be but pious fraudes , to delude the vulgar . 9. whether all acts , ordinances , votes and proceedings in parliament , obtained by violence , force , insurrections and tumults without the houses full and free consents , be not invalid , repealable , and ought to be utterly nulled and repealed both in point of justice and equity ; and so clearly resolved to be by the statutes of 11. & 21. r. 2. c. 12. 31. h. 6. c. 1. 39. h. 6. c. 1. 17. e. 4. c. 7 ? if then the army desire to have the parliament pass any votes , ordinances or acts for their own indempnity , or for any thing else they pretend for the publick good , which may be valid or effectual in law , they must of necessity retreat , disband , and retract all their former remonstrances , menaces , impeachments and proceedings savouring of menace or force ; and leave the houses and members to their full freedom ; that so their acts and ordinances may be valid and irrevocable , being passed in a free and fair parliamentary course ; otherwise if they continue mutinous and rebellious ; what ever votes , acts or ordinances they shal wrest from them by duress , menaces , force , tumults , suspending of members before any just or legal impeachment demeriting it ; ( the highest infringement of the freedom of parliaments , and a ready way to subvert and pervert them , and to make a private faction , backed by an army a parliament , todo what they list , and over-awe the greater number against their judgments and consciences ) or marching up to over-aw them , wil be no security for the present , * and a meer snare and nullity for the future , most certain to be revoked and adnulled when the force and fear is over . which consideration , besides those mentioned in other late impressions ; and in the examination of the lawfulness of the passages of the armies declaration and grounds of justification , june 14. ) should now induce all really conscientious or judicious officers and soldiers in the army ( especially such who are members of the house ) to disband , and give over all forcible tumultuous courses and addresses to the houses ; that so a sweet unity and correspondency may be setled ; a new war prevented , the parliament , city , kingdom preserved from imminent ruine , ireland relieved ; and the hopes and designes of all malignants disappointed : which the lord in his infinite mercy and wisdom effectually accomplish , to the infallible joy of all gods churches and people : amen . psa. 140. 11. evil shal hunt the violent man to overthrow him . jam. 1. 20. the wrath of man worketh not the righteousness of god . finis . notes, typically marginal, from the original text notes for div a91234e-150 * themselves no doubt wold have deemed them so , in any of the xi . impeached members , or their brigades ; or in essex , manchesters , or the scots armies , guilty of no such mutinies . * much more new meteors and unfixed wandring stars . * an humble remonstrance june 23. a manifesto from the army . * the vindicat●on of 167. officer●●●me off from the army , proves it fully . * especially if the heads presented by them to the king on saturday last be true , or the first querie in the behalf of the army , in moderate answer to 9. queries . * since excused as a mistake . * in e. 3. c. 3. 5. r. 2. c. 6. 31. h. 6. c. 1. 9. 3. h. 7. c. 2. scotlands ancient obligation to england and publike acknowledgment thereof, for their brotherly assistance to, and deliverance of them, with the expence of their blood, and hazzard of the state and tranquility of their realm, from the bondage of the french, in the time of their greatest extremity. anno dom. 1560. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91258 of text r205602 in the english short title catalog (thomason e510_5). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 16 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91258 wing p4059 thomason e510_5 estc r205602 99864936 99864936 117169 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91258) transcribed from: (early english books online ; image set 117169) images scanned from microfilm: (thomason tracts ; 80:e510[5]) scotlands ancient obligation to england and publike acknowledgment thereof, for their brotherly assistance to, and deliverance of them, with the expence of their blood, and hazzard of the state and tranquility of their realm, from the bondage of the french, in the time of their greatest extremity. anno dom. 1560. prynne, william, 1600-1669. 8 p. printed by john macock, for m. s., london : 1646. annotation on thomason copy: "june 9th". reproduction of the original in the british library. eng a91258 r205602 (thomason e510_5). civilwar no scotlands ancient obligation to england and publike acknowledgment thereof,: for their brotherly assistance to, and deliverance of them, wi prynne, william 1646 2544 2 0 0 0 0 0 8 b the rate of 8 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 apex covantage keyed and coded from proquest page images 2007-04 john latta sampled and proofread 2007-04 john latta text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion scotlands ancient obligation to england and publike acknowledgment thereof , for their brotherly assistance to , and deliverance of them , with the expence of their blood , and hazzard of the state and tranquility of their realm , from the bondage of the french , in the time of their greatest extremity . anno dom. 1560. psalm 133. 1. behold how good and how pleasant it is , for brethren to dwell together in unity . ezech. 37. 22 , 23 , &c. and i will make them one nation in the land upon the mountains of israel , and one king shall be king to them all , and they shall be no more two nations , neither shall they be divided into two kingdomes any more at all . neither shall they defile themselves any more with their idols , nor with their detestable things , nor with any of their transgressions : but i will save them out of all their dwelling places , wherein they have sinned and will clense them : so shall they be my people , and i will be their god . and david my servant shall be king over them , and they all shall have one sheepheard ; they shall also walk in my judgements , and observe my statutes and do them . moreover i will make a covenant of peace with them , it shall be an everlasting covenant with them ; and i will place them and multiply them , and set my sanctuary in the midst of them for evermore . london , printed by john macock , for m. s. 1646. scotlands ancient obligation to england , and publike acknowledgement thereof , for their brotherly assistance to , and deliverance of them , ( with the expence of their blood , and hazard of the state and tranquility of their realm ) from the bondage of the french , in the time of their greatest extremity ; anno dom. 1560. not onely our own historians ( as holinshed , cambden , speed , stow , &c. ) but our brethren of scotland in their printed histories ( especially buchanon and the late published history of the reformation of the church of scotland , lib. 3. pag. 217. to 255. printed at london , anno 1644. ) make honourable mention of the brotherly releife , and comfortable support , which the english nation , readily and freely afforded to their protestant brethren of scotland , in the year of our lord 1560. in their greatest extremity , when as their religion , liberties , estates , lives , were ready to be sacrificed to the tyranny of their popish queen marie , and fury of an insulting mercilesse forraign popish french army , introduced to extirpate or enthrall them . how free that reliefe of ours was , without any expence at all to , or pay from our scottish brethren ; how puissant and well-provided our forces then were , both by land and sea ; how expeditious in their marches , inoffensive in their carriages , valarous in their encounters , patient in their extremities , faithfull in their engagements , successefull in their expedition , quick in their return , and fair-carriaged in their departure thence , to their eternall honour ( the most part of the scottish protestant nobility , honourably convoying and accompanying them , as indeed they had well deserved : ) the history of the reformation of the church of scotland , records at large : for which extraordinary brotherly assistance , in such a time of need , our brethren of scotland most thankfully acknowledged this their pre-ingagement unto us , many years before we of england were re-ingaged unto them for any such reciprocall ayde : the memory whereof they gratefully recorded in their publike liturgie , printed at edinburgh , an. dom. 1575. which i finde not only in the originall book it selfe p. 63. but likewise thus lately re-printed at london for franc● constable , anno 1641. by some well-wishers to both nations , with this ensuing preface thereunto . to the courteous reader . this ancient prayer coming accidentally into the hands of some english well-wishers of the scottish nation , and finding it , in a manner by speciall providence , now produced , in the time of our happy pacification with that nation , there being no greater blessing upon earth than the peace between the two kingdomes , under one and the same governour ; it was thought fit and seasonable to publish this to all , which whosoever shall read , will easily perceive the constant perseverance of their affection to the english nation , since the year of their deliverance from france . a thankesgiving unto god , taken out of the form of prayer and administration of the sacraments used in the church of scotland after their deliverance from the tyranny of the frenchmen , by the english : with prayers made for the continuation of peace between the realms of england and scotland . printed at edinburgh by thomas bassandine , anno dom. 1575. now , lord , seeing that we enjoy comfort both in body and spirit by reason of this quietnesse of thy mercy granted unto us , after our most desperate troubles , in the which we appeared utterly to have been over-whelmed ; we praise and glorifie thy mercy and goodnesse , who pitiously looked upon us when we in our own selves were utterly confounded . but seeing , o lord , that to receive benefits at thy hands , and not to be thankfull for the same , is nothing else but a seal against us in the day of judgement ; we most humbly beseech thee to grant unto us hearts so mindfull of the calamities past , that we continually fear to provoke thy justice ●o punish us with the like or worse plagues . and seeing that we by our own power were altogether unable to have freed our selves from the tyranny of strangers , and from the bondage and thraldome pretended against us , thou of thine especiall goodnesse didst move the hearts of our neighbours ( of whom we had deserved no such favour ) to take upon them the common burthen with us , and for our deliverance , not onely to spend the * lives of many , but also to hazard the estate and tranquility of their realm and common-wealth . grant unto us , o lord , that with such reverence we may remember thy benefits received , that after this , in our default , we never enter into hostility against the realm and nation of england . suffer us never , o lord , to fall to that ingratitude and detestable unthankfulnesse , that we shall seek the destruction and death of those whom thou hast made instruments to deliver us from the tyranny of mercilesse strangers . dissipate thou the councels of such as deceitfully travell to stir the hearts of the inhabitants of either realm against the other . let their malicious practices be their own confusion , and grant thou of thy mercy that love , concord , and tranquility may continue and encrease amongst the inhabitants of this isle , even to the comming of the lord jesus christ , by whose glorious evangel thou of thy mercy dost call us both to unity , peace , and christian concord . the full perfection whereof we shall possesse in the fulnesse of thy kingdome , when all offences shall be removed , iniquity shall be suppressed , and thy chosen children be fully endued with that perfect glory , in the which now our lord jesus christ reigneth . to whom with thee , and the holy ghost , be all honour , praise , and glory , now and ever . so be it . in the history of the reformation of the church of scotland , l. 3. f. 251. 252. 253. i read , that on a publike day of thanksgiving at s. giles church in edenborough , for this great deliverance and settlement they received by the english , ( at which the whole nobility and greatest part of the congregation of scotland assembled , ) after the sermon made for the purpose , publike thanks were given unto god for this mercifull deliverance concluding in forme as followeth , the same in substance , but a little different in words from that forementioned , recorded in their liturgy . but seeing that thou hast mercifully heard us , and hast caused thy virtue to triumph in us ; so we crave of thee continuance to the end that thy godly name may be glorified in us thy creatures . and seeing that nothing is more odious in thy presence ( o lord ) then is ingratitude and violation of an oath and covenant made in thy name . and seeing thou hast made our confederates of england the * instrument by whom we are now set at this liberty , and to whom in thy name we have promised mutuall faith again . let us never fall to that unkindnesse ( o lord ) that either we declare our selves unthankfull unto them or prophaners of thy holy name . confound thou the counsell of those that go about to break that most godly league contracted in thy name , and retain thou us so firmly together by the power of thy holy spirit , that sathan have never power to set us again at variance not discord . give us thy grace to live in that christian charity , which thy son our lord jesus hath so earnestly commended to all the members of his body , that other nations provoked by our example , may set aside all ungodly war , contention , and strife , and study to live in tranquility and peace , as it becommeth the sheep of thy pasture , and the people that dayly look for our finall deliverance by the comming again of our lord jesus . to whom with thee and the holy spirit be all honour , glory , and praise now and ever . amen . a prayer very fit to be publikely used now . the contract made at barwick with the kingdome of england , by our brethren of scotland , dated the 10 of may 1560. whereupon we were induced to send them this brotherly assistance , was thus prefaced by themselves ; recorded in the self-same history , p. 233. james , duke of chattellarault , earl of arrane , lord hamilton , and others of the councell , nobility , and principall estates of scotland ; to all and sundry whose knowledge these presents shall come , greeting . we have well considered and are fully perswaded , in what danger , desolation , and misery , the long enmity with the kingdome of england hath brought our country heretofore : how * wealthy and flourishing it shall become , if those two kingdomes , as they are joyned in one island by creation of the world , so they may be knit in a constant and assured friendship . these considerations grounded upon a most infallible truth , ought no lesse to have moved our progenitours and forefathers then us . but the present danger hanging over our heads , by the unjust dealing of those , of whom we have alwayes best deserved , hath caused us to weigh them more earnestly then they did . the misbehaviour of the * french monsieurs , i had almost said monsters , here , hath of late years been so great . the oppressions and cruelties of the souldiers , the tyranny and ambition of their superiors and rulers , so grievous to the people , the violent subversion of our liberty , and conquest of the land , whereat they have by most crafty and subtill means continually pressed , hath been , i say , so intollerable to us all ; that at last when we could not obtain redresse by humble suits , and earnest supplications presented to the queen dowager , who both for duties sake , and place she doth occupie , ought to have been most carefull of our state ; we have been by very necessity constrained , not onely to assay our own forces , but also to implore the queens majestie of englands ayde and support , which her majesty hath most willingly granted , upon certain conditions specified in a treaty past at barwick , betwixt the duke of norfolk , leiutenant to her majesty , on the one part , and certain our commissioners on the other part , whereof the tenour followeth . &c. these publike professions of our scottish brethrens deep engagements to our nation heretofore , to omit our brotherly ayd and large contributions towards them in the year 1641. and deniall to grant any subsidies to the king himself against them , when extreamly pressed in the dissolved parliament , anno 1640. as they were forcible enducements ( by way of retaliation and gratitude ) to enduce them to contribute the like brotherly assistance unto us in our necessities ( though upon our own expence , pay , and for the preservation of their own kingdome and liberties as well as ours ; ) so i presume the publication of them to the world , will be a most strict obligation to them inviolably to maintain that ancient league of friendship , into which they then entred with us , and have of late more solemnly renewed by their most solemne vow and covenant , then before , and to demean themselvs in these distracted times , ( when so many seek to divide and dash us one against another even now we have vanquished the common enemie ) with that syncerity , integrity , simplicity , and candor towards us , without giving the least just occasion of jealosie or complaint unto our nation by speech , action , or violating the least title of their covenant and articles of agreement with the parliament ; as may exactly answer our ancient and late brotherly square carriage towards them ; and their last fair and honourable retreat from hence into their own country , to the silencing of all malignant , jealous , spirits : & most inseperably unite , most cordially glue us one to another for eternity , and frustrate all the machivillian plots and remaining hopes of our inveterate enemies , who have now no other policy left to raise themselves and ruin us , but our division after so solemn and sacred an union . si collidimur frangimur ; the prevention whereof , is the onely end and motive of this seasonable publication . finis . notes, typically marginal, from the original text notes for div a91258e-760 * note . * note . * note . * note . the curtaine drawne, or, the parliament exposed to view the names of the members yet living of both houses of parliament forceably secluded by the army in 1648, or since excluded by a few of their fellow members, confirming that force which they formerly disowned. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56152 of text r21828 in the english short title catalog (wing p3935). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 30 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56152 wing p3935 estc r21828 12361779 ocm 12361779 60267 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56152) transcribed from: (early english books online ; image set 60267) images scanned from microfilm: (early english books, 1641-1700 ; 222:20) the curtaine drawne, or, the parliament exposed to view the names of the members yet living of both houses of parliament forceably secluded by the army in 1648, or since excluded by a few of their fellow members, confirming that force which they formerly disowned. prynne, william, 1600-1669. 8 p. printed for henry brome ..., london : 1659. caption title. attributed to william prynne. cf. bm. imprint from colophon. reproduction of original in harvard university libraries. eng england and wales. -parliament. a56152 r21828 (wing p3935). civilwar no the curtaine drawne, or the parliament exposed to view. the names of the members yet living of both houses of parliament forceably secluded prynne, william 1659 2674 79 0 0 0 0 0 295 f the rate of 295 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2002-04 tcp assigned for keying and markup 2002-05 spi global keyed and coded from proquest page images 2002-06 emma (leeson) huber sampled and proofread 2002-06 emma (leeson) huber text and markup reviewed and edited 2002-07 pfs batch review (qc) and xml conversion the curtaine drawne , or the parliament exposed to view . the names of the members yet living of both houses of parliament forceably secluded by the army in 1648. or since excluded by a few of their fellow members , confirming that force which they formerly disowned . the house of peeres earles . the earle of northumberland . the earle of rutland . the earl● of pembrock . and s●tting as commons the earle of saulsbury , and s●tting as commons the earle of warwick . the earle of exeter . the earle of lincolne . the earle of nottingham , the earle of manchester . the earle of denbigh . the earle of oxford . the earle of bridgwater . the earle of elgi● . the earle of winchelsey . the earle of dorset . the earle of middlesex . viscounts . the lord viscount . say and seale . the lord viscount conway . barons . the lord gray of warke . the lord dacres . the lord north . the lord roberts . the lord montague . the lord wharton . the lord barckley . the lord brook . the ●ord rochford . the lord daincourt , the lord stanbose . the lord maynard . the lord craven . of the house of commons . bed●ordsheire . knight . sir roger burg●yne . burg. sir b●achamp saint iohn . sir samuell luke . buckinghamsheire . burg. major generall browne . william drak . esquire . francis drak . esquire . peregrin hobby . esquire . barksheire● burg. richard winwood . esquire . robert packer . esquire . cornwell . knight . hugh . buskawen . burg. thomas ●ewen . esquire . george k●kewich . esquire . thomas pouey . esquire . fr●ncis hollis . esquire . thomas walller . esquire . iohn thomas . esquire . iohn thynne . esquire . henry willes . esquire . iohn arundell . esquire . francis buller . esquir . sir thomas tre●or . iohn carew . esquire . william prynn . esquire . lionell copley . e●quire . mr. tempell . charles l. car. earle of an●ram● richard eris●y . esquire . william pries●ley . e●quire . thomas dacres . esquire . cumberland . knight . richard tolson . esquire . cambridgshire . knights . sir dudly north . sir francis russell . burg. henry lucas . esquire . nathaniell bacon . esquire . cheshire . knight . sir george booth . chester citty . ci●t . william edward . esquire . iohn ratcliffe . kecor●●● . darbyshire . knight . sir iohn curson . devons●ire . knigh● william morrice . esquire . citt. simon sno● . esquire . burg. sir iohn young . iohn mainard . serjant at law . sir edmuud powell . edmund powell . esquire . eliez . crimes . esquire . charles pim. esquire . sir francis drake . baronelt . robert shapcot . esquire . sir io. northcot . kn. and baronet . cha●les vaughan . esquire . edward thomas . esquire . samuell browne . serjant at law . christopher martin . esquire . dorsetshire . burg. george scutt . esquire . denzell hollis . esquire . sir walter earle . knight . iohn bond . dr. of law . thomas ceelie . e●quire . essex burg. sir harbo●le grimston . sir iohn clo●worthy . capel luckin . esquire . gloucestershire . knigh● sir iohn seymer . burg. nathaniell stephens . esquire . edward stephens . esquire . iohn stephens . esquire . huntingtonshire . knight . edward montague . esquire . burg. george montague . esqui●e . har●●ordshire . knights . sir william litton . sir thomas dacres . burg. richard iennings . esquire . edward wingate . esquire . herefordshire . knight . edward harly . e●quire . hereford citty . citt. benet hoskins . esquire . burg. robert andrewes . esquire . iohn birch . esquire . kent . knight . iohn boyes . esquire . burg. thomas twisdin . serjant at law . linc●nshire . burg. sir anthony irby . william wray . esquire . coll. edward rossiter . thomas hatcher . esquire . lancashire . knights . sir ralph ashton . sir richard haughton . burg. sir robert benloes . coll. robert shuttleworth . peter brock . esquire . richard shuttleworth . esquire . middlesex . knight . sir gilbert gerard . baronet . westminster . citt. iohn glynne . serjant at law . william bell . london . citt. sir thomas sonme . samuell vassall monmouthshire . northamptonshire . burg. william lord fitzwilliams . sir richard nappier . richard knightley . esquire . iohn crew . esquire . sir martin lister . norfolk . knights . sir iohn potts . sir iohn palgrave . burg. sir iohn holland . iohn spilman . esquire . northumberland . knights . sir iohn fennick . william fennick . esquire . burg. robert ellison . esquire . robert scowen . esquire . iohn fienni● . esquire . oxfordshire . knights . thomas viscount wenman . iames fiennes . esquire . oxford citty . citt. iohn dayly . esquire . iohn nixon . alderman . burg. sir robert pye . nathaniell fiennis . esquire . surrey . knights . sir richard onslow . sir ambrose browne . burg. iohn eveling . esquire . edward bish. esquire . george eveling . esquire . william owfeild . esquire . staffordshire . knght. iohn bower . esquire . burg. iohn swin●en . esquire . coll. edward leigh . samuell terrick shropsheire knight . sir iohn corbet . burg. thomas hunt. esquire , robert clives . esquire . william pierpoint . esquire . esay thomas . esquire . southampton . knights . coll. rich. whitehead . esquire . coll. richard norton . esquire . burg. sir iohn leigh . sir . iohn barrington . sir william w●ller . iohn button . esquire , sir william lewis . sir henry worsley . iohn bunckley . esquire . suffolke . burg. sir philip parker . knt. alexander bence . maurice barrow . esquire sir thomas barnardiston . francis bacon . somersetsheire . knight . george h●rner . esquire . bristoll citty . 00. burg. alexander popham . esquire . coll. william strode . esquire . thomas hodges esquire . thomas grove . esquire . william carrent . esquire . sussex . 00. chishester . citty . citt. sir iohn temple . henry peck . esquire . burg. harbert springe● . esquire . arthur onslow . esquire . paul ravenscroft . esquire . westmorland . knight . henry laurence . esquire . wiltsheire . knight . iames harbert . esquire . burg. william wheeler . esquire . edward baynton . esquire . thomas moore esquire . sir nevill poole . henry hung●rford . esquire . sir iohn eveling . walter long . esquire . edward poole . esquire . major gen. edward m●ssey esquire . worcestersheire . 00. burg. iohn nash . esquire . samuell gardner . warwicksheire . 00 coventry . citt. iohn barker . alderman . yorksheire . 00. burg. sir charles egerton henry stapleton . esquire . william ayscough . esquire . iohn nelthorpe . henry arthington . sir henry cholmley . cinque ports . sir iohn pelham . henry oxenden , esquire . samuell gott . esquire . sir norton knatchboull . sir edward partrige . charles rich. esquire . sir thomas parker . frantis gerard . esquire . wales . anglesey . 0. william iones . burg , brecknock . lodowick lewis . burg. cardigansheire . sir richard price . knight . carmarthensheire . coll. iohn lloyd . knight . carnaruansheire . richard wynne . esquire . knight william foxwi●t . burg. denbighsheire . sir thomas middleton , knight flintsheire . iohn trevor . esquire . knight . thomas middleton . burg. pembrocksheire . arthur owin esquire . knight . sir robert needham . burg. montgomerysheire . edward vaughan . esquire . knight r●dnorsheire . arthur annesly . esquire . knight . robert harley . esquire . burg. the remainder of the house of commons , which have excluded both houses , and yet sit themselves . buckinghamsheire knights . edmund west . esquire . george fleetwood . esquire . brg. iohn do●mer . esquire . thomas scot . simon mayne . rich. ingolsby . esquire . bulstrode whitlock . berksheire . knight . henry martin . esquire , burg. cornelius holland . daniell b●agrave . edward dunch . esquire . cornwall . burg. william say . sir iohn trevor . iohn feilder . esquire . nicholas gold . cambridge vniversity . burg. iohn lowrey . cheshire . knight . sir vvilliam brereton derby-town . burg. nathaniel hollowes alderman . devonshire . burg. oliver saint●iohn esq. philip skipp●n esq. dorsetshire . burg. iohn pyne esquire roger hill esq , john bingham esq. john tranchard esq essex . burg. sir henry mildmay gloucester . citt. thomas pury . john lenntal esq. huntingtonshire . knight . valentine vvalton , esq. kent . knight . augustin skinner burg. sir thomas walsingham . sir michael lievesey . augustine garland . lincolnesheire . burg. thomas lister . esquire . william ellis . esquire . leicestersheire . knight . sir arthur h●sel●ig burg : peter temple esq. london . citt. isaac pennington northamptonsheire . knight . sir gilbert pickering nottinghamsheire . knights . john hutchinson esq. jeruise piggot esq burg. gilbert millington . norfolke . citt. erasmus earle esq. burg. miles corbet . northumberland , burg. sir thomas widdrington oxfordshire . burg. william lenthall esq. rutlandshire . knights . sir james harrington , thomas vvaite esq. surry . burg. george thompson , lord mouns●n , john . goodwin . esq. staffordshire . knight . thomas crompton esq. burg. sir peter vventworth john corbet esq. southampton . burg. john lisle esq. nicholas love esq lord lis●le , vvilliam hevingham . robert vvallop esq. s●ffolk . burg : john gurdon , brampton gu●don . somersettshire . burg. james ash esq. sir thomas vvorth . vvalter st●ickl●n , dr palmer sussex . burg. william cawley esq. harbert morley esq. robert goodwin esq. john baker esq. john downes . harbert hayes . wiltshire . knight . edmund ludlow . citt. michaell oldsworth . john dove . burg. robert reynolds . robert ●icell esq , worcestersheire . john wild serj●nt at lavv . yorkshire . burg. luke robinson esq. sir john bourcher . thomas chaloner . franeis thorpe . james nelthorp . vvilliam vvhite , henry darley , richard darly , cinque ports . john fagg , esq. benjamin vvilson , esq. vvales . cardigan . thomas vv●gan , burg. glamorganshire algernon sidney , burg. merione●hshire . john jones . knight . by this list of the members of both houses , it appears that the members now sitting , or having liberty to sit , which call themselves the parliament , are in number but eighty nine , viz. sixteen knights of shires , six citizens , sixty seven burgesses . wherof for kn● . citt. burg. buckinghamshire 2 0 5 berkshire 1 0 3 cornwall 0 0 4 cam●ri●g 0 0 1 cheshire 1 0 0 derby 0 0 1 devonshire 0 0 2 dorse●shire 0 0 4 essex sir henry mildmay●lone 1 gloucester 0 2 0 huntingtonshire 1 0 0 kent 1 0 3 lincolnshire 0 0 2 leicestershire 1 0 1 london 0 1 0 northamptonshire 0 1 0 nottinghamshire 2 2 0 norfolk norwich 0 0 1 northumberland 0 0 1 oxfordshire 0 0 1 ru●landshire 2 2 0 surrey 0 0 3 staffordshire 1 1 2 sou●●ampton 0 0 5 suffolke 0 0 2 sumersetshire 0 0 4 sussex 0 0 6 wiltshire , salsbury 1 2 2 vvorcestershire 1 0 0 yorkshire 0 0 8 cinqu● ports 0 0 2 wales marioneth 1 0 0 cardigan 0 0 1 glamorgan 0 0 1 so that th●●● are dead , or excluded , or vvithdravvn , by reason of the secl●sion . seventy foure knights of shires , thirty tvvo citizens , three hundred and fourteen burgesses . wh●rof bedfordshire knights . 2 berkshire 1 cornwall 2 cambridgeshire 2 cheshire 1 darbyshire 2 devonshire 2 do●setshire 2 essex 2 gloucestershire 2 h●ntingtons●ire 2 hartfordshire 2 herefordshire 2 kent 1 lincolnshire 2 leicest●rshire 2 la●cashire 2 middlesex 2 monmouthshir● 2 northamptonshire 1 norf●lk 2 northumberland 2 oxfordshire 2 surrey 2 staffordshir● 1 shropshire 2 southampton 2 suffolke 2 somersetshire 2 sussex 2 westmerland 2 wiltshire 1 worcestershire 1 warwickshire 2 yorkshire 2 walor anglesey 1 breaknock 1 cardiganshire 1 carmarthenshire 1 carnarvanshire . 1 denbighshire 1 flintshire 1 glam●rganshire 1 pembrockshire 1 mongomeryshire 1 radnashire 1 citiz●ns dead or excluded of the citties of london 3 yorke 2 bristoll 2 norwich 1 chester 2 ex●ester 2 oxford 2 lincoln 2 worcester 2 chicester 2 carlisle 2 cantorbury 2 rochester 2 bath , &c. 1 winchester . 2 coventry , &c. 2 westminster 2 so that all the cities and countreys almost in england and wales , have no knights nor citizens to represent them in parliament , ●●t the affairs of the three kingdoms , are carried by the burgesses of a fevv inconsiderable burroughs , vvho have excluded the rest of the members of both houses . they have also discharged the parliament of scotland , and the parliament of ireland , give lavvs to impose taxes on both , vvhich no english parliament did in former times , nor they novv do by lavv . by vvhich means , instead of three famous parliaments of th●se three renovvned kingdomes , vve have nothing left , if the vvill and force of a fevv men may prevail , but a small piece of the parliament of england . observations upon the afore mentioned list . 1. that in former times , and in the primitive condition of this parliament , upon the death or disabling of any member , the keeper or speaker gave his warrant for a nevv writ , that no place might vvant some to represent them . 2. former ages never knevv that vvay , or rather counted it dishonest , as vvell as unjust and illegal , for a fevv , and those not the chief of the house of commons , to make use of a mercenary force of inva●e●al and apostate englishmen , to possesse themselves of the legislative povver , to the injurie of the vvhole parliament , ( vvhich should consist of above six hundred ) and all the people . 3. the major part of the house of commons , vvhich are excluded by force , are so used , for over-voting the house from the minor part ; whereas till this iron age ( though bin for dissenting in the house ) never any that attended , vvere hindred from sitting , or excluded from free voting . 4. if those fevv vvho sit , had convenient modestie , they vvould not think the vvisdom of these three kingdoms vvere under their hoods , vvhen there are so many and vvise personages in them nor judge their own forcible exclusion by the arm ●●min●ions , vvhen so fevv , vvhen themselves by force seclude and eject so many . london , printed for henry brome , at the gun in ivy-lane . 1659. finis . the quakers unmasked, and clearly detected to be but the spawn of romish frogs, jesuites, and franciscan fryers, sent from rome to seduce the intoxicated giddy-headed english nation by an information taken upon oath in the city of bristol, january 22, and some evident demonstrations / by william prynne ... prynne, william, 1600-1669. 1664 approx. 98 kb of xml-encoded text transcribed from 21 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-01 (eebo-tcp phase 1). a56194 wing p4047 estc r8191 12639384 ocm 12639384 64997 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56194) transcribed from: (early english books online ; image set 64997) images scanned from microfilm: (early english books, 1641-1700 ; 773:9) the quakers unmasked, and clearly detected to be but the spawn of romish frogs, jesuites, and franciscan fryers, sent from rome to seduce the intoxicated giddy-headed english nation by an information taken upon oath in the city of bristol, january 22, and some evident demonstrations / by william prynne ... prynne, william, 1600-1669. the second edition enlarged. [2], 38 p. printed for edward thomas ..., london : 1664. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng society of friends -england. society of friends -controversial literature. 2005-12 tcp assigned for keying and markup 2006-01 apex covantage keyed and coded from proquest page images 2006-04 jonathan blaney sampled and proofread 2006-04 jonathan blaney text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion the quakers unmasked , and clearly detected to be but the spawn of romish frogs , jesuites , and franciscan fryers ; sent from rome to seduce the intoxicated giddy-headed english nation . by an information taken upon oath in the city of bristol , january , 22. and some evident demonstrations . by william prynne of swainswick , esa 1 sam. 14. 15. and there was trembling ( or quaking ) in the host , in the field , and among the people : the garrisons and the spoylers , they also trembled , and the earth quaked ; so it was a very great trembling ( or quaking . ) 2 tim. 3. 5 , 6 , 7 , 8. having a form of godlinesse , but denying the power thereof ; from such turn away . for of such sort are they which creep into houses , and lead captive silly women , laden with sins , led away with divers lusts ; ever learning , and never able to come to the knowledge of the truth . now as jannes and jambres withstood moses , so do these resist the truth ; men of corrupt mindes , reprobate ( or of no judgment ) concerning the faith. the second edition enlarged . london , printed for edward thomas , at the adam and eve in little britain , 1664. the quakers unmasked , and clearly detected to be but the spawn of romish frogs ; jesuites , and franciscan popish fryers ; sent from rome , to seduce the intoxicated giddy-headed english nation . the 2 pet. 2. 1 , 2 , 3. but there were also false prophers among the people , even as there shall be false teachers among you , who privily shall bring in damnable heresies even denying the lord that bought them , and bring upon themselves swift destruction , and many shall follow their pernicious wayes , by reason of whom , the way of truth shall be evill spoken of , and through covetousnesse shall they with seigned words make merchandise of you ; whose judgement now of a long time lingreth not , and their damnation sl●mbreth not , &c. is both a prophesie of our times , and liuely character of our nation , who had never more cause to minde and practise that caution of our blessed sav our , math. 7. 15 , 16 , 17. beware of false prophets which come to you in sheeps cloathing , but inwardly they are ravening wo'ves , ye shall know them by their fruits , then they have at this day ; when such multitudes of romish wolues , locusts , caterpillers , of all sects , orders ; ( as jesuites , franciscans , benedictines , dominicans , and the like come freely over in whole troops from foreign seminaries and cels , act their several parts and pageants on the theatre of our distracted english church and state , to bring both of them to 〈◊〉 under all sorts of disguises , without any watches or searches at all to seclude , detect , eject , correct , their persons discover their pernicious impostures , or prevent their designes against us . it was gods complaint of old , jer. 12. 7 , 9 , 11. i have forsaken my house , i have left mine heritage , i have given the dearly beloved of my soul into the hands of her enemies . mine heritage is unto me as a speckled bird , all the birds round about are against her ; come ye , assemble all the beasts of the field , come to devour . many pastors have destroyed my vineyard , they have troden my portion under foot , they have made my pleasant portion a desolate wildernesse . they have made it desolate , and being desolate , it mourneth unto me ; the whole land is desolate , because no man layeth it to heart . and may it not be our complaint , ( at least in respect of the purity , sincerity , practicall power of religion , church discipline and order , if not of our civill rights and liberties ) at this very instant . compare but the stationers beacons fired , with ramsy the jesuites examination at newcastle ( june 1653. ) my romes master-piece , the popish royal favourite , hidden workes of darknesse brought to publick light , my epistle to the second part of a seasonable , legal , and historicall vindication of the fundamental liberties and lawes of england , and this ensuing late information , taken before the town-clark , and magistrates of the city of bristol concerning the new sect of qvakers , or shakers ( derived rather from prophane belshazzar , dan. 5. 9. and those the prophet david thus prayes against , psal . 69. 23. let their eyes be darkned that they see not , and make their loins continvally to shake ; then from that perfect evangelical spirit and love of god which casteth out fear , shaking , torment , and makes the saints alwaies rejoyce in gods love and favour , 1 john 4. 4. phil 4. 4. rom. 5. 2 ) lately brought into , and set up in england by franciscan fryers and jesuites sent from rome , who i spread themselves like gangreens or locusts over most parts of the nation ; and make the very pillars of our church , state , and whole land to shake and tremble ; and then we may ( by way of seasonable admonition ) conclude of them , their disciples , all other new sects and separate conventicles , of late years erected amongst us by them and their confederates , in every corner in st. john's words , 1 epist. 2. 18 , 19. little children it is the last time , and as ye have heard that antichrist shall come , even now are there many antichrists : whereby we know that it is the last time . they went out from us , but they , were not of us , for if they had been of us , they would no doubt have continued with us ; but they went out , that it might be made manifest , that they were not at all of us : which will evidently appear by ; the information of george cowlishaw of the city of bristol aforesaid ironmonger , taken the 22. day of january , 1654. who informeth on his oath : that in the month of september last , this informant had some discourse in bristol with one coppinger , an irish man , formerly a school-fellow of his , that came purposely thither for his passage into ireland , who told this informant , that he had lived in rome and italy eight or nine years , and had taken upon him the order of a fryer of the francisc an company : and he told this informant , that he had been at london lately for some months , and whilest he was there , he had been at all the churches , and meetings , publick and private , that he could hear of , and that none came so near him , as the quakers : and being at a meeting of the quakers , he there met with two of his acquaintance in rome ( the which two persons were of the same franciscan order and company ) that were now become chief speakers amongst the quakers , and he himself had spoke among the quakers in london about thirty times , and was well approved of amongst them . and this informant further saith , that the said mr. coppinger asked him , what kinds of opinions in religion there were in bristol ? and this informant told him , that there were several opinions and judgements : and not naming any opinions of the quakers ; the said mr. coppinger asked him , whether there had been any quakers in bristol ? and the informant answered him , no . whereupon the said mr. copinger told him , the said informant , two or three times that if he did love his religion and his soul , he should not hear them : whereupon this informant told him , that he thought none of them would come to bristol : who expresly replyed , that if this informant would give him five pounds , he would make it five hundred pounds , if some quakers did not come to bristol within three weeks or a month then following . and on the morrow following the said coppinger departed this city for ireland , his native place , and about eighteen days after , there came to this city [ most likely his two fellow franciscan fryers forementioned , who have there done much hurt and gained many disciples ; some whereof disturbed two of the ministers publickly in the church , and assaulted , reviled one of them in the streets very lately ] two persons that bear the name of quakers . this is a true copy of the original information taken upon oath at bristol as aforesaid , the 22. january , 1654 , from whence the reader and whole nation may take notice , especially those in present power , who should prevent such dangerous growing mischiefs with greatest care , not to connive at them any longer . 1. that there are multitudes of romish emissaries and vermin now residing and wandring up and down freely amongst us , to seduce and divide the people , by setting up new sects and separate congregations in all places , and broaching new notions and opinions of all sorts , or old heresies or blasphemies ; not saying masses , praying to saints and images , or crying up the popes supremacy , &c. as heretofore . 2. that they are the chief speakers and rulers in most separate congregations , and particularly amongst the quakers , amongst whom the franciscan fryers act their parts as well as the jesuites . 3. that they have their several missions and directions into all parts from their generals and superiors , of their respective orders , residing commonly in london ( where they have a consistory and councel sitting , that rules all the affairs of the things of england ; ) besides fixed officers in every diocesse ) & are all fore-acquainted both with the places and times of their several missions ; seeing coppinger could so certainly predict the time of their mission and coming to bristol , where they have done much harm , and assaulted , disturbed the ministers both in publique and private . 4. that the popes , and these his emissaries chief endeavours are , to draw the people from our churches , publique congregations , ordinances , ministers , religion and to * divide and crumble us into as many sects , separate conventicles , as they have popish orders ; and thereby into as many civil parties , factions , as possibly they can , to ruine us thereby , mat. 12. 25 , 27. 5. that by this their new stratagem and liberty , they have ( under the disguises of being quakers , seekers , anabaptists , independents , ranters , dippers , anti-trinitarians , anti-scripturists and the like ) gained more proselytes , disciples , and done more harm in eight or nine years space to the church and realm of england , more prejudice , dishonour , scandal to our religion and ministers , then ever they did by saying masse , or preaching , printing any points of grossest popery in 80. years time heretofore and if not speedily , diligently , restrained , repressed , will soon utterly overturn both our church , religion , ministry , and state too in conclusion , having already brought them to sad confusions and distractions . now that which gives great cause of suspition , that these quakers are either disguised franciscan fryers , or their seduced disciples and emissaries , is , 1. their rambling about from place to place by two and two together , to vent and spread their errors ; as the franciscan fryers use by the * rules of their order are bound to do , and the franciscans did here of late . 2. their use of vile and course aray and condemning not only all pride and luxury , but lawfull decency in apparell in themselves and their proselytes , in imitation of the * franciscans . 3. their perswading people to desert their lawfull callings , imployments , and to embrace a kinde of idle , monkish , lasie life , and ramble about from place to place to vent their pretended visions , revelations , propheeies , messages , and new lights ; a practise usual with franciscan fryers and st francis their founder . 4. their rude and uncivil behaviour in refusing to salute , or shew any reverential respect , honour , or humble deportment towards magistrates , or other persons of what quality soever , either in words , or gestures , ( of which the rude cinical franciscans are most guilty of all other popish orders ) contrary to express scripture , precepts and presidents . exod. 20. 12. deut. 5. 19. math. 15. 4. ephes . 6. 2. 5. rom. 13. 1 , 2 , 7. heb. 12. 9. 1 pet. 2. 13 , 14 , 17 , 18. ( an observable text against them ) tit. 3. 1 , 2. 1 tim. 6. v. 1 , 2 , 3. ( a notable text ) eph. 5. 33. gen. 18. 2 , 3. c. 19. 1 , 2 ; c. 23 : 7 : c : 24 : v : 31 : c : 27 : 19 : c : 33 : 3 , 4 , 6 , 7 : c : 37 : 9 , 10 : c : 41 : 43 : c : 42 : 6 : c. 43 : 26 , 28 , 29. c. 48. 12. c. 49. 8. exod. 11. 8. ruth 2. 10. 1 sam. 20. 41. c. 24. 8. c. 25. v. 23 , 24 , 25 , 41. c. 28. 14. 2 sam. 9. 8. c. 14. 22 , 33. 1 kings 1. 16 , 23 , 31. 47. c. 2 , 19. 2 kin. 2. 15. c. 4. 26 , 27 , 37. 1 chro. 21. 21. est . 3. 2. which compared with math. 10. 12. c. 5. 4. mar. 9. 15. lu. 1. 40. acts 18. 22. c. 21. 7. c. 25. 13. 1 cor. 16. 21. 2 cor. 13. 13. phil. 4. 21 , 22. col. 4. 10 , 12 , 15 , 18. rom. 16. 15. 7. 9. to 17. 2 thess 3. 17. may teach these rude quakers and their disciples far better manners and civility , both in their gestures , behaviours , and words , then now they exercise . 5. their doctrines , that the saints are perfectly holy in this life , and do not sin , being able to stand perfect in their own power : that they are as equally holy , just , good , and free from sin , as christ and god himself : maintained by * fox , naylor , affirmed of st. francis , the father of the franciscans , and justified by them , in their writings . as you may read in surius and ribadeniera in the life of st. francis , and the blasphemous book conformitatum beati francisci ad vitam jesu christi , lib. 3. cum addition . heir . bucchii . bon. 1590. first writ by bartholomeus de pisa , and approved by a general chapter of the franciscans held at assize , aug. 2. 1389. and ratified by their popes . antonini chronicon . tit. 24. c. 1 , 2. vincentius belvacensis . speculum hist . l : 3. c. 97. and morney his mystery of iniquity . london . 1612. p. 347 , 348. it is the observation of many learned intelligent * protestants , who have pried into the opinions and practises of all our late new sects , that in their books , writings , speakings , preachments , * practises , are interlarded , and mixed with some jesuitical and popish tenants , opinions , ceremonies , and practises ; by which we may as visibly discover a jesuite , a popish priest , or fryer in them , as we may a lyon by his paw . and nothing ( in my judgement ) more clearly detects the popish fryers , priests , jesuites , to be the principal inventers of , erectors , actors , rulers , speakers amongst our quakers , & other new sects ; then their pretended , * extraordinary sudden extravagant agonys , trances , quakings , shakings , raptures , visions , apparitions , conflicts with satan , revelations , illuminations , instructions in new divine mysteries and seraphical divinity , whereof they pretend they were wholly ignorant before , being illiterate persons ; their intimate familiarity and immediate communion with god & jesus christ , in , and after their agonies and extasies : their extraordinary callings , missions , messages to such and such particular orders , sects , places persons ; their sudden speaking , understanding of several languages which they pretend they never learned , but got by inspiration : all which are the very same in form and substance with those ridiculous lying enthusiasms , impostures , cheats , agonies , * revelations , visions , raptures , illuminations , inspirations , apparitions , &c. of popish saints , fryers , priests , jesuites , nunnes , recorded in the lying legends and lives of their romish canonized saints , by capgrave , surius , lippomanes , ribadeniera , mafeus , and other of their fraternity , especially in the lives of st. francis , ignatius loyola ( the founders of the franciscans and jesuites orders , the principal actors , speakers amongst the quakers , and other late enthusiasts , if fully examined ) and of st. dominick , for men : & of st. katherine of sienna , and st. * briget of sweden , for women . out of this st. brigets life and revelation , printed in folio at nuremberg ; an. 1524. most of our male and female quaker extravagant new revelations and impostures are extracted , as those who will but compare them may at first discern . and though they conceal their jesuitisme and grossest points of popery from their disciples at first , baiting their hookes only with pleasing novelties , shewes of superlati●e sanctity , and * invectives against our ministers , ordinances , church tithes , presbyterian government , and the like ; that so they may more easily catch the silly people ; yet they discover their jesuitical positions and popish doctrines , more openly by degrees ; at last , ( as evangelical perfection , justification by our own inherent righteousness and holiness , &c. ) crying them up for new gospel light amongst the ignorant vulgar ; and crying down our protestant ministers , ordinances , sacraments , the articles of our creed , church litergies , gods ten commandements , the lords prayer , our churches , and sometimes the letter of the old and new testament as popish and * antichristian : as the fryars and jesuites did heretofore in their books and discourses in their very language . and it is evident by some late instances , that they are anti-magistratical as well as anti-ministerial . yea that these * quakers use inchanted potions , braclets , ribons , sorcery and witch-craft , to intoxicate their novices and draw them to their party ; as simon magus bewitched the people of samaria with his sorceries , acts 69. 11. and other seducing false teachers , bewitched the foolish galatians , that they should not obey the truth , gal. 3. 1. which enchantments , sorceries , charmes , fascinations , and exorcismes are very frequent amongst popes , and popish priests , monkes , fryers , jesuites , as you may read at large in joannes , wierus de prestigiis daemonum & incantationibus . basilae . 1568. especially l. 2. c. 7. l. 5. c. 2 , 3. &c. platina , benno cardinalis , balleus , and others in the lives of popes silvester , 2. benedict the 9. john 20. and 21. and other popes , who were all most infamous magicians , sorcerers , and inchanters , by which black arts they got the papacy . and dell rio , his disquisitio magie , and john jee his foot out of the snare , london , 1624. will prove the jesuites and priests in engand are still accustomed to them , to win and seduce their proselytes . whence we finde this scripture-expression concerning romish babylon , revel . 18. 23. by thy sorceries were all the nations deceived . now for our quakers , and others better instruction , i shall inform them by way of caution of these considerable particulars , relating to their agonies , inspirations and revelations . 1. that the * devil by gods permissions frequently doth cause and produce , by his own immediate power , extraordinary strange convulsions , contractions , distortions , agonies , tremblings , quakings , shakings , motions , jestures of the bodies , members , joynts , nerves , muscels both of men and women , when , where , and in what manner he pleaseth ; as we see by common experience in such persons as are either possessed by the devil himself , or bewitched by his instruments ; and by the convulsions , trances , quakings , shakings , gestures of witches , sorcerers and other , acted or possessed by the devil ; of which we have many examples in history and experience ; and one recorded in the gospel it self , mar. 9. 17. to 28. 2. that it was the usual practice and custome of devils heretofore by their idolatrous pagan priests and prophets to give answers in their temples , & oracles to their worshippers in greece & other places , which of latter times and at this day is likewise frequent amongst the pagan idolatrous indians , by humane voyces , nods , antique gestures ; affictis sub inde gestibus furentium , nonnunquam ebriorum , alias trementium , aut ridiculae gesticuiantibus , as * joanni wierus relates out of strapo geogr. lib. 16. their priests ( who were and are * usually witches and sorcerers ) when they prophecied and gave answers to the people , being cast into strange real or feigned extasies , trances and quaking fits , using sometimes the gestures of mad-men , sometimes of drunkards , other times of quakers , tremblers , and of ridiculous anticks ; oft-times howling , shaking their brests , foaming at the mouth , and falling down in a swoon , ( as some of our quakers do now ) as if they had the falling sickness , the devil in seeming entring into , and acting in them ; as you may read at leisure in wierus and mr. samuel purchas his pilgrimage , l. 9. cap. 5. l. 8. cap. 6. and elsewhere in his voyages . vvhether our quakers shaking-fits , convulsions , trances , agonies , running * about naked into the open streets sometimes , and to particular persons , towns , ministers , magistrates , with pretended messages , prophecies and oracles from god , ( but really from the devil himself ) like so many distracted bedlames , drunkards , antiques , furies and enthusiasts , are not exactly paralleld with , and originally derived from these idolatrous pagan idol-priests , and the very devil himself ; i refer you to john gilpin ( a reclaimed quaker ) his late printed relation touching his own shaking-fits and actions , ( proceeding from the devils possessing of , and acting in him , as he and others believed ) and to those who have seen them in their fits and raptures ; the wisest whereof are of that opinion , and many of the vulgar people too . these quaking fits and trances were really and feignedly taken up , and imitated of late times by many popish priests , monks , nuns , and female saints , as you may read at leisure in surius , ribadeniera , and other collectors of their lives and legends : and which verified coppingers relation , and cowlishaw his oath ; mr. tillam the administrator of the anabaptistical new-dipped congregation at hexam , near new-castle , ( a * papist or popish priest of late , though now a zealous anabaptist and dipper ) in his banners , p. 24. professeth , that these shakings , tremblings and extasies , ( now used by the quakers ) were derived from the franciscan fryars , as mr. tho. weld richard priderux , sam. hammond , william cole , william durant , ( five reverend ministers in & near new-castle ) assure us in their perfect pharisee , under monkish holiness , manifesting it self in the generation of men called quakers , london , 1654. p. 13. who by their emissaries first infected the northern parts about kendal and lancaster with this sect , and now the western parts by george fox , john audland , james nayler , and other of their disciples sent from thence , whose heretical , erronious , blasphemous opinions , and unchristian practises , are solidly and fully refuted in this their treatise . 3. that as hereticks , schismaticks and seducers , do derive their heresies , doctrines , practises from the very devil himself , the father of lyes , lying prophesies , heresies , errors , as the scripture attests in possitive terms , 1 kings 22. 21 , 22 , 23. 2 chron. 18. 21 , 22. zech. 13. 2 , 3 , rev. 18. 2 john 8. 44. 1 tim. 4. 1 , 2. 2 thes . 2. 9 , 10 , 11. rev. 16. 13 , 14. acts 13. 10. 1 john 3. 8. who frequently ( to delude and seduce men with more facility ) transforms himself and his ministers into angels of light , and apostles of christ , as if they were the only saints and ministers of righteousness ; when as in truth they still are but devils , false apostles , and deceitful workers or impostors , as the scripture expresly defines them , 2 cor. 11. 13 , 14 , 15. as that devil who tempted our saviour to cast himself down from the pinnacle of the temple , with a scripture misapplied , and mutilated , was still a devil , though he alledged scripture to accomplish his designes ( as his seducing instruments now do ) math. 4. 5 , 6 , 7 , 8. luke 4. 9. to 13. so some hereticks and seducers of old , as simon magus , marcion , menander , thedotus , carpocrates , eutyches , and others have actually traded with , received their heretical tenents from , and been possessed by the devil himself ; as * egesippus , * tertullian , * eusebius , * theodoret , * epiphanius , * petrus thyareus , with others record : yea , many popish monks , fryers , priests , nunns , papi●●s specially females , have likewise been actually possessed , seduced , cast into strange , real , or feigned extasies , agonies , shakings , convulsion fits , trances , and inspired with strange revelations , visions , dreams , fancies , opinions , prophesies and enthusiasms by the very devil himself , as you may read at large in joannes wierus de praestigiis daemonum ; in petrus thyareus ( a jesuite ) his daemoniaci : hoc est , de obsessis à spiritibus daemoniorum hominibus . coloniae agrip. 1598. and in sir edwin sands his europae speculum . 1629. p. 169. where thus he writes . that the multitude of indemoniati ; ( or persons possessed with the devil ) whereof most are women , is so hugh in italy , even as of witches in savoy : of which some are daily cured in shew , by their enorcisms ( being most of them impostors to cheat the people ) but for one that is holpen , almost twenty are either past their curing , or otherwise ( as in counterfeits ) unwilling to be cured . 4. that william lindan . dialog . 3. dubitantii & petrus thyreus de daemoniatis pars . 2. c. 21. p. 56 , 57 , 58. write expresly ; that some of the ring-leaders and captaines of the anabaptists , and some of their new converts , have not only communion and familiarity with the devil , but in all probability , are likewise actually possessed by him , though they be not raging mad , and furious : because some of them have ( not only such raptures , agonies , fits and quakings as persons actually possessed by the devil use to have ) so soon as they have deserted the catholicks religion , and adhered to that sect : but mox , post haustum poculum , aut sumptam buccellam norant sacras literas legere , &c. presently after the drinking of some potion , or eating of a sop , which their chief apostles give them , they know how to read the sacred scriptures without any teaching , though they could not read before ; to dispute of divine things they knew not before which they alledge to oppugn the true faith and religion ; and forget so soon as they return to the true religion ; of which thyreus gives two instances on his own knowledge ; one of a taylor ; the other of a country peasant . now who ( writes he ) can doubt , that this proceeds from the evil spirit dwelling in them . for it is apparent that neither the sop meat nor drink they took , had any such virtue as to instil the knowledge of the sacred scriptures into them . neither is it god who confers this learning on them , seeing they are enemies to his true faith and religion , and lead ( usually ) a most impure life . therefore since they get it not by study , nor the instruction of any man , from whence should they have it , but from the evil spirit that dwell within them ? besides , what is the cause , that so soon as they return to the tents of the catholicks again , they forget all or most of the things they remembred before , and know not how to read , though they could read as well as most , whiles they continued in theirheresy : but that the devil , their tutor forsakes & leaves them to themselves ? vpon which grounds some men justly suspect & conceive , that it is not the anabaptists properly who speake scriptures thus by themselves , sed daemones in anabaptistis loqui ; but that the devils speake in the anabaptists : even as when persons possessed by the devil speak strang languages they knew not before , * it is not themselves but the devil in them who form the voices and the sounds . which he proves more largely . pars : 1. c. 17. p. 44 , 45. from all these particulars , i refer it to the most serious consideration of all our quakers , shakers and other anabaptistical enthusiasts , as likewise of those who are addicted to their wayes , or tolerate their courses without opposition ; whether all their shakings , quakings , extasies , revelations , inspirations , prophesies , and new illuminations , which are real and not counterfeit ( as many of them are ) proceed not from the very * delusions and inspirations of the devil himself , and his instruments , ministers sent over from jesuitical and popish ceminaries , cells , monasters , to seduce them by such sorceries and impostures as these from our reformed church and religion , rather then from the impulses , dictates , illuminations , revelations , of gods holy spirit ? and so much the rather because many of their doctrines , positions , practises are not only meer monkish and popish , but also directly contrary and destructive to the two great ordinances of god in the world , magistracy and ministry , so much commended by gods spirit in the gospel ; yea some of them most atheistical , irreligious , blasphemous , diabolical , vnchristians , vn-evangelical , diametrically contrary to the scripture and fundamental principals of the gospel , dictated by gods spirit ; as you may read at large , in the perfect pharise under monkish holinesse , &c. in the generation of men called quakers ; to which i shall refer the reader , where in the blasphemies , heresies , popish tenents of john autland , george fox , and james nayler ( three of the principle quakers sent to bristol ) are so fully detected and solidly refuted , that it made them ashamed to continue in their former quarters , and to pretend a new divine mission from god , to spread their heresies & blasphemies in the west ( though not so fit for quakers as that northern colder climate of england and scotland , where many shake and quake for cold alone , without the spirits motion ) whether they deserve to be sent packing again , or , into some sorraign franciscan cells , or jesuites semenaries , from whence their sect was immediately propagated , by jesuites and fryers sent from thence , to act the parts of independants and sectaries , to blow up differences and contentions amongst us ; as you may read at large in mr. edwards his gangrena ; part third . p. 99. and in a grandees printed speech in the painted chamber . 4. sept. 1654. p. 16 , 17. to which i shall referre you for fuller conviction . let all our rulers , ministers and people therefore , who have any care of their own or others souls ; or our churches , kingdomes , safety and settlement , now seriously consider that speech of our saviour christ himself , john 10. 1. 10 , 11 , 12. verily , verily , i say unto you ; he that entreth not by the door into the sheepfold , but climbeth up some other way , ( as these new romish apostles and wandring predicants do ) the same is a theef and a robber the theef cometh not but for to steal , and to kill , destroy . the good shepherd giveth his life for the sheep : but he that is an hireling , and not the shepherd , whose own the sheep are not , seeth the woolf coming , and leaveth the sheep and fleeth , and the woolf catcheth them , and scattereth the sheep . and such false shepherds and hirelings ( whether ecclesiastical or temporal ) who through negligence , cowardize , or any other designe , shall * suffer such romish woolves , theeves and robbers as these , to scatter and devour their sheep in st. bernards verdict are pastores , non ovium , sed luporium : pastours only of the woolves , not sheep ; and in the opinion of christ , and all real christians likewise . fredericus broeckrous in his epistle dedicatory to the states of holland and west-frizland , before his antidotum errorum praecipuorum in tractatu de deo , &c. d. conradi vorstii , observes and proves at large ; that nothing is more dishonest or more pernicious to mankinde and humane society , than the toleration & propagation of false religions , contrary to the doctrine of the prophets and apostles . 1. because men are hereby † withdrawn from the true god , the fountain of all happiness . 2. because thereby they are deprived of the possession of eternal life . 3. because false religions are the most deadly poisons to mens souls , which bring a speedy and infallible death & damnation to all eternity if persisted in . 4. because by them men are made twofold more the children of hell than they were before , mat. 23. 16. 5. because thereby all piety is undermined , abolished ; and in christian states all wickedness , impiety , cruelty , folly and wretchedness , instilled into the hearts of men . 6. because by differences and multiplicity of opinions and controversies in religion , the greatest of people are brought ; 1. to doubt of the truth of christian religion . 2. to slight and neglect it , together with the ministry and publick ordinances . 3. to give over prayer , and private family-duties . 4. to oppose religion , and resist the propagation of the gospel . 5. in conclusion , to renounce all religion , and turn professed scepticks , seekers , atheists ( as we finde by sad experiences . ) 6. because pagans , infidels , and others , are discouraged from embracing the doctrine of christianity , when they find so many controversies and disputes even among christians themselves : and the common enemies of the true reformed religion , and romish emissaries hereby take occasion to calumniate that true religion we profess , and to seduce the ignorant people from it , to embrace their damnable and superstitious practices : upon which considerations , a constantine the great , b theodosius , and all zealous christian emperors , kings , princes , and governors truly fearing god , in all ages , have made it their principal care & study to maintain peace and unity , concord in the purity and principles of religion ; to suppress all heresies , errors , schisms , repugnant thereunto , both by laws and penalties , as i have elsewhere largely evinced against all oppugners of the civil magistrates coercive power , and jurisdiction in matters of religion , who never yet returned the least reply thereunto in sundry years , though challenged to do it . we shall conclude all with this word to magistrates , cant. 2. 15. take for us the foxes , the little foxes that spoyle the vines , for our vines have tender grapes . search after restrain , secure , prosecute , punish all romish foxes , wolves , conspirators , enemies , traytors to our church and religion , ( according to our lawes and statutes yet in force against them ) with as great diligence , care , zeal , as you now search after , restrain , secure , prosecute any reall , or imaginary plotters , conspirators , enemies , traytors to the kingdome , nation , or to your selves : and be as vigilant , as industrious to secure gods and our churches cause , interest , as your own , that so you may turn away gods wrath , and inherit phineas bis praise and benediction for his zeale in this kinde , num. 25. 11 , 12. 23. with these four apostolical admonitions and cautions to the people , recorded in the gospel , as the best preservatives against seducers , rom. 16. 17 , 18. now i beseech you brethren mark them which cause divisions and offences , contrary to the doctrine which you have received , & avoid them . for they that are such serve not our lord jesus christ , but their own bellies , and by good words and fair speeches , deceive the hearts of the simple . but evill men and seducers shall wax worse and worse , deceiving & being deceived . but continue thou in the things which thou hast heard and hast been assured of , knowing of whom thou hast learned them , ephes . 4. 14. henceforth be 〈◊〉 more children , tossed to and fro , and carried about with even wind of doctrine , by the slight of men , and cunning craftinesse whereby they lie in wait to deceive . and 2. john 10. 11. if there come any unto you , and bring not this doctrine , receive him mot into your house , neither bid him god speed , for he that biddeth him god speed is partaker of his evil deeds , with this sad meme●●… to such who are reduced by these impostors , 2. thess . 2. 9 , 10 , 11 , 12 , whose coming is after the working of satan with all power , and signs , & lying wonders ; and with all deceivableness of unrighteousness in them that perish , because they received not the love of the truth , that they might be saved : and for this cause god shall send them strong delusions , that they shall believe a lye ; that they might all be damned , who believed not the truth , but had pleasure in unrighteousnesse : and like the unjust judge , luke 18. 2. 4. neither fear god , nor regard or reverence men . 2 cor. 11. 13 , 14 , 15. for such are false apostles , deceitful workers , transforming themselves into the apostles of christ . and no marvel , for satan himself is transformed into an angel of light . therefore it is no great thing if his ministers be also transformed as the ministers of righteousness , whose end shall be according to their works . with these sacred scriptures to these new quaking male prophets whom god never sent abroad to seduce the people of england , but the very father of lies . jer. 14. 14 , 15 , 16. ch . 23. 21. to 33. ch . 27. 15. ch . 29. 31. these prophets prophesie lies in my name , i sent them not , neither have i commanded them , neither spake unto them : they prophesie unto you a false vision & divination , and a thing of nought , and the deceit of their heart . i have not sent these prophets , yet they run ; i have not spoken to them , yet they prophecyed ; i have heard what the prophets said , that prophesie lyes in my name , saying , i have dreamed , i have dreamed : how long shall this be in the hearts of the prophets that prophesie lyes ? yea they are prophets of the deceit of their own heart , which think to cause my people to forget my name by their dreams which they tel every man to his neighbor . therefore behold , i am against the prophets saith the lord , that steal my word every one from his neighbor ; that use their tongues , and say , be saith : against them that do prophecy false dreams , and do tell them , & cause my people to erre by their lyes , yet i sent them not , nor commanded them ; therefore they shall not profit this people at all saith the lord : for they prophecie a lye unto you ; for i have not sent them , saith the lord , yet prophesie a lye in my name , that i might drive you out , and that ye might perish ; ye , and the prophets that prophecie unto you ; for i will powr their wickednesse upon them . with these gospel-texts to our new quaking female prophetesses , who now ( in imitation of the new order of jesuitesses , who out of a pretended zeal of propagating the gospel , and converting souls to god , presumed to wander abroad , and preach publickly in england and elsewhere to women and others , above the imbecility , and beyond the modesty of their sex for sundry years , to the great scandal of religion , till at last they were excommunicated and totally suppressed by pope vrban the third , his bull , anno dom. 1631. printed at rome 1632. ) presume to speak publickly to the people in some of their congregations , as well as to deliver certain pretended messages from the lord ( who never sent them ) to private ministers and others . 1 cor. 14. 33 , 34 , 35 , 37. let your women keep silence in your churches ( or assemblies ) for it is not permitted unto them to speak ; but , they are commanded to be under obedience , as also saith the law. and if they will learn any thing , let them aske their husbands ( if married ) at home . for it is a shame for women to speak in the church : for god is not the author of confusion , ( or tumult ) but of peace , as in all the churches of the saints . if any man thinks himself to be a prophet , or spiritual ; let him acknowledge that the things that i write unto you ( and this against women speaking publickly in the church ) are the commandments of the lord : therefore their speaking against gods commandments in this sort , is onely by the instinct , mission , and command of the very devil , in opposition to these gospel-precepts : thus seconded again by the holy ghost , 1 tim. 2. v. 11 , 12 , 13 , 14. let the women learn in silence with all subjection : for i suffer not a woman to teach , to vsurp authority over the man ; but to be in silence , for adam was first framed , then eve : and adam was not deceived , but the woman being deceived was in the transgression . and let those who run after , and listen to these feminine predicants remember that of isa . 27. v. 11. the women come and set them on fire ; for it is a people of no understanding ; therefore he that made them will not have mercy on them , and he that formed them will shew them no favour . and with this complaint and prayer to god himself , psal . 60. ● , 2. o god thou hast cast us off , thou hast broken us , thou hast been displeased : o turn thy self to us again : thou hast made the land to tremble ; thou hast broken ( and * divided it ) o heal the breaches thereof , for it shaketh . finis . a post-script . that the jesuites ( the pests and perturbers of all republicks , who domineer by discords , tumults , sects and schisms ) ( as well as franciscan fryers ) have a principal hand in erecting , promoting the new sect of quakers or shakers lately sprung up , and much increased amongst us , and that by diabolical delusions , sorceries , enchantments , practices , to divide us as much as possible , and extirpate our ministers and religion ; these particulars superadded to the premises , may more than probably perswade , if not satisfactorily convince all intelligent english protestants , and our quakers likewise ; for whose information i have made them publick , being unknown to most , who are utterly ignorant of the stratagems of these imps of satan , to seduce them , to their eternal ruine . 1. that ignatius loyola , the father of the jesuites , and first founder general of their order ( at first a soldier by profession ) when he began to play the impostor , seducer , and institute his new sect , pretended a divine call from god , and jesus christ , appearing to him , whereupon he left his former profession , house , habitation , cast off his costly apparel , ( which he gave away to the poor ) cloathed himself in course sackeloth and ragged beggarly cloathes , lying upon the bare ground without a bed , wandred up and downe in them from place to place , like a pilgrim , professing the study of poverty , penance , mortification and contempt of the world , leading a most austere life for a time , mostly eating little else but course bread , drinking nothing but cold water , fasting the greatest part of the week , except on the lords-day ; conversing with the poorest and meanest sort , teaching and preaching to them often gratis in the open streets and woods , and all other places where he came , without any ordination or licence at all from the bishops or clergy , exhorting them to repentance austerity of life , and contempt of all earthly things ; whereby he got great estimation amongst the rude people , ( especially for his pains in instructing their children and them without any reward ) gained many followers and some scholars likewise to be his companions : maffaeus vegius , ribadeniera , joannis eusebius niremberger , hasenmullerus ( all jesuites ) record at large in his life , with hospinian , and ludovicus lucius in their historia jesuitica : and is not this the very practise of our quakers and shakers now , who exactly imitate him herein ? 2. that ignatius upon his first resolution to enter into this new strict kinde of life , and erect his new jesuiticall order , fell into a fit of quaking and trembling , as ribadeniera ( his disciple ) and others record in his life : yea , hasenmullerus ( who was a jesuite sundry yeares , and lived in divers jesuites colledges ) in the end of his jesuitical history , with ludovicus lucius historiae jesuiticae , l. i. c. i. p. 8. record in expresse terms , from the testimony of tunianus the jesuite . that ignatius ita a daemonibus exagitatum , was so vexed and shaken by devils ( not god or his spirit ) both in his dinner , supper , masses ; and likewise in his recreations , that he powereth forth the most cold sweat of death in great plenty ; tandem vero cvm ▪ tremore ipsum objisse , and that at last he died quaking , o●… with a trembling , having a most black countenance . yea , † ribadeniera himself , in the life of ignatius l. 1. c. 5. 17. records ; that ignatius had many conflicts with the devil , who frequently appeared to him in the form of a serpent , and that he whipped his companion xavier whiles he was praying . and l. 5. c. 9. that the devil painted ignatius so lively and exactly in his colours , that laynes his companion much admired at it and yet cap. 8. and 10. he relates ; that ignatius cured one possessed with a devil with one word : that the devil in another possessed one , was cast out by the jesuites , onely naming ignatius to him ; saying , name not ignatius to me , whom i most hate of all : and another devil in a maid possessed , said ; that ignatius his greatest enemy , was in heaven after his death among other founders of holy religious orders . let our quakers and their disciples hereupon seriously consider and examine , whether their quaking fits be not derived from this father of the jesuites ; and proceed not originally from the very devils themselves , as his fits did ▪ yea , let them take heed they be not vexed and shaken by devils as he was , and dye quaking and trembling as he did , with a most black countenance , as if he had been strangled by the devils , which made him a quaker first , and then a seducer ; whose disciples have made most christian kingdoms , churches ( especially our own of late years ) both to quake and tremble , and shake them in pieces . it is the observation of learned a physitians ; that shaking palsies , quakings , tremblings of the members and joints , are very dangerous diseases , proceeding from the coldness and weakness of the brain or nerves , cold flegme , extraordinary cold weather : ( which makes most shake without any divine influences of gods spirit ) sudden fears or frights , extraordinary venery , drunkennesse , frequent handling of quicksilver , poysonous fumes of henbane , white poppy or the like : and sometimes from sorcery and the devil himself contracting , shaking the nerves and muscles of the body in a violent manner : that if they grow inveterate they are hardly curable , and bring certain death . let our quakers and new trembling paraliticks , examine , whether their quakings and tremblings ( if real , not feigned , as some of them doubtless are ) be not rather diseases and infirmities , then the motions of gods spirit in them , proceeding from some of these natural causes , ( especially overmuch venery , some of them having been lately taken shaking with their female proselytes between the sheets in a warm bed , as i am credibly informed ) or from the devil or his instruments , sorceries , enchantments ; and let them speedily seek out for cure , lest they prove deadly to their bodies and souls too , in conclusion , as ignatius his quaking fits did . 3. that many jesuites and their schollars study the art of sorcery and magick , and are arch-magicians ; affirming blasphemously , that paul himself received so great revelations from heaven , by being instructed in the art of magick : that st. john had skill in this art ; yea , that christ himself was the most absolute magician of all others ; as joannis cambilhonus , ( once a jesuite in styria ) in his relatio de abstructoribus jesuitarum artibus & studiis , printed 1608. & ludovicus lucius hist . jesuitica , lib. 1. cap. 8. p. 172 , 173. record . yea , these two authors , together with the * university of paris , in their answer to peere cotton the jesuite , ( confessor to king henry the 4. of france ) thuanus . hist . i. 132. physiogmonia jesuitica , printed lugduni 1610. & speculum jesuiticum p. 106 , and do all attest : that this father cotton was an arch-magician , and the best skilled in this black art of any of their society : that the jesuites themselves affirmed he had a magical glass , wherein he would plainly represent to the king what ever he desired to know ; and that there was no thing done or consulted so secretly in the most private cabinets of other monarchs , which he could not disclose and reveal by the help of that constellated , or rather condiabolated glass . that by the help of this magician , the jesuites hoped to convert one of the greatest protestant princes of the empire to their religion and party : that he consulted with the devil many times , and demanded his resolution of sundry questions and doubts , which he entred into his magick-book ; which devil possessed one adrian fresna , a maid at st. victors in france , which he used as his instrument to predict many strange things : particularly , he demanded of the devil that possessed her these questions : what should be the issue of the conversion of the lord lavalii , and of the counsellors of the city of gema geneva ? how long heresie should continue ? what hopes there were of the conversion of such and such particular persons ? how hereticks might be most easily secluded from the court ? what was most profitable for the conversion of all hereticks ? by what sermons , books , means , the people might be most benefitted ? what danger might be created by the devils against the jesuits society ? whether god would permit him to know by him , the time wherein the heresie of calvin should be extinguished ? and ( that which most concerned england ) qua ratione converti rex anglae , regina , & regnum maxime & facile quaeant ? by what means the king , queen , and realme of england might most of all and easily be converted to the roman religion ? whether our jesuitical impostors , quakers , and enthusiasts do not now study , practice the self-same art of magick , sorcery , and consult with the very devil himself in their diabolically inspired , possessed prophets and prophesies , demand not the like questions , resolutions from them , and the devil acting , speaking , prophesying in them , as this jesuite cotton did from this possessed girle , and the devil in her , let their owne practices and consciences resolve them and others ? and how truly they act the jesuites parts in these particulars , * hasenmullerus ( a reclaimed jesuite ) in his historia jesuitica , cap. 8. records . that john th●… jesuite in his sermon , 15. october , 1583. publiquely said , believe me , the devils follow us jesuites every where . that the monks of vldaric would have cast out a devil out of one possessed , but he would not depart : being interrogated , why he would not ? he answered , i will not depart before my three sonnes ( so he termed the jesuites ) who are passing from delinga hither , are come ; who no sooner entred the house , but the devil departed out of the person possessed : most likely to enter into these sonnes of his , whom the devils every where follow . yet the * jesuites boast of many devils ejected by them , out of their feminine proselytes and others : particularly , the rector of the jesuits at vienna records ; that a maid possessed with devils , who could not be dispossessed by any exorcismes , coming at length to their jesuites church was there freed , and no less then 156152. devils ( if the jesuite computed a right ) were there cast out of her ; the last of them seeming to him to be luthers tutor , because after the manner of the lutherans , he spake many things against their society and religion . surely this jesuitical rector , had very intimate familiarity with these devils , who knew both their number ( being so incredulous ) and could so accurately distinguish between them . yet some devils there were in women , whom they could not dispossess , and derided all their jesuitical exorcismes . let all christians then beware these incarnate devils and their emissaries , lest they be really possessed by the devil with whom they are so familiar , and who accompanies them every where . 4. that the jesuites send forth their emissaries and agents into protestant kingdoms , churches , states , under the disguises of souldiers , merchants , mechanicks , physicians , chyrurgeons , travellers , exiles for religion , and pretended converts to the protestant religion , in all sorts of h●its , disguises , the better to conceal their persons , the easier to intrude themselves into the courts , company of all protestant princes , nobles , ministers , and persons of all ranks , to fish out their secrets , insinuate themselves into their favours , poyson them with their errors , divide them in their judgements , excite them to warre upon and destroy each other by their mutuall discords , and accomplish their treasonable designes against them , to their ruine : permitting and dispensing with them freely , to resort openly to the sermons , churches and assemblies of protestants , to dispute and speak against popery , to eat flesh on fasting dayes , and allowing their perverted disciples to do the like , to feign themselves the most zelous protestants , to be present in the senates , parliaments and councils of those of the reformed religion ; to consent to the apprehension and dissipation of papists by severe lawes against them , together with the rest , that so they may the better conceal themselves , discover , divert or hinder the consultations against the papists , promote the popes and papists affairs with more facility , propagate the popish religion upon all occasions , and give them timely notice of any intentions against them upon any urgent necessity : provided alwayes that they be secretly catholicks , and submit themselves wholly to the beck and counsels of the jesuits , as their instruments and intelligencers : as you may read at large , in jesuitica per vnitas belgii provincias negociatio , printed anno 1616 ( containing the instructions in this kinde given to jesuits by their superiors sent into the netherlands to imbroyl , divide , ruine them ) in joannis cambilhonus de abstructionibus jesuitarum artibus & studiis : printed 1608. & ludovicus lucius hist . jesuitica p. 170 , 175 , 676 , 677 , 678. therefore it is no wonder , that their emissaries , and disciples to effect the utter ruine of our protestant kingdomes , churches , religion , now thus disguise themselves amongst us , to promote their most dangerous designes against them , by the self same means and stratagems now . 5. that the jesuits make and profess it , one of their principal designs , to withdraw , alienate the peoples affections from , stir them up against the true protestant ministers and preachers of the gospel , and to cast them out and take them quite out of their way , that so they may with more facility and speed seduce , devour , their flocks , domineer and set up popery in all places without opposition . witness * gregorius baderus provincial of the jesuits in bavaria , his words at landsperge . we and ours shall have no peace in augusta ( or in germany ) unless we take care , evangelicos concionatores ejici ac tolli ; that the preachers of the gospel be ejected and removed out of the way . by our councils the evangelical preachers were cast out of vienna : whereupon our society do now there teach in peace , and rule all things according to their hearts desire . seconded with their † practices , in ejecting , imprisoning , banishing , suppressing , persecuting all the protestant ministers in bohemia , in the years of our lord , 1602. 1607. 1621. and 1652. to the extirpation of the protestant religion , and protestants there : and their ejecting , suppressing above thirty of the protestant preachers , and shutting up their churches in the dukedomes of juliers , cleve , and bergen ; anno 1628. to omit other later presidents in austria and elsewhere . and is not this the quakers and their disciples principal designe , endeavour , labour now , to withdraw the people wholly from , and excite them against , and stir them up to reject , suppress , renounce all our lawful orthodox ministers , and evangelical preachers , as false guids , dumb dogs , seducers of the people , deceivers , antichrists ? &c. their railing pamphlets , preachments , and pretended messages to them from heaven ; enjoyning them to come down out of their pulpits , to preach no more hereafter , &c. contrary to christs own express commands unto them . matth : 28. 19 , 20. mark 16. 15. acts 10. 42. c. 16. 10. rom. 10. 15. 1 cor. 1. 17. phil. 1. 16 , 17 , 18. 2 tim. 4. 17. 1 tim. 2. 7. 1 pet. 1. 12. especially 1 cor. 9. 16. though i preach the gospel , i have nothing to glory of ; for necessity is laid upon me ; and wo is me if i preach not the gospel . and 2 tim. 4. 1 , 2 , 3. i charge thee before god and the lord jesus christ , who shall judge the quick and the dead at his appearance , and his kingdom . preach the word , be instant in season and out of season , reprove , rebuke , exhort with all long-suffering and doctrin ( mark the reason , suitable to our times and quakers ) for the time will come ( and now is the time ) that they will not endure sound doctrine , but after their own lust shall they heap to themselves teachers , having itching ears . and they shall turn away their ears from the truth , and shall be turned unto fables . but watch thou in all things , endure affliction , do the work of an evangelist , make full proof of thy ministry . certainly then those quakers , and their seduced disciples ; who say unto the seers , see not , and to the prophets prophesie not , prophesie not unto us right things , speak unto us smooth things , prophesie deceit : get you out of the way , turn aside out of the path , cause the holy one to cease from before us ; are like those jews of old , esay 30. 10 , 11. wherefore let them there read their doome , character , and what spirit they are of , v. 8 , 9. ( and i beseech them , with all others to observe it well ) from gods own mouth . now go , write it before them in a table , and note it in a book , that it may be for the time to come , for ever and ever ; that this is a rebellious people , lying children , children that will not hear the law of the lord : but is this all ? no , there is a judgement with a witness , pursuing all such : verse 12 , 13 , 14. wherefore thus saith the holy one of israel : because ye despise this word , and trust in sraud and perverseness and stay thereon ; therefore this iniquity shall be to you as a breach ready to fall , swelling out in an high wall , whose breaking cometh suddenly at an instant . and he shall break it as the breaking of a potters vessel , that is broken in pieces : he shall not spare ; so that there shall not be found in the bursting of it , a sheard to take fire from the hearth , or to take water out of the pit : ( let those statesmen or magistrates , who out of designe , or self-interest , tollerate or secretly countenance such dangerous rebels against god , his word or ministers , remember it as well as these seducers and their followers , lest god break them thus to powder suddenly and irrepairably together , and our whole three kingdoms too . ) and if this text be not sufficient to convince them of and deterre them from this their sin ; let them read at leasure micah 2. 4 , 5 , 6 , 7 , 10 , 11. amos 7. 10. to the end : and quake and tremble at the reading of them . but if they hold these to be obsolete and old testament onely ; let them then consider , who they were , and what a transcendent sin it was in those , who prohibited ( not seducing false apostles and jesuitical emissaries , as these vagrant quakers are ) but christs commissioned , * lawfully called , instituted , apostles and ministers , to preach any more in the name of jesus , and dispence his gospel : acts 4. 17 , 18 , 19 , 20 , 21. cap. 5. v. 17. to 42. eompared with 1 thess . 2. 15 , 16. even those , who both killed the lord jesus , and their own prophets , and have chased us out , and they please not god , and are contrary to all men , forbidding us to speak to the gentiles that they might be saved , to fill up their sins always : for the wrath is come upon them to the uttermost . 6. that the jesuits professed doctrine and practice is , that if they can , to suppress , destroy , extirpate protestant ministers , kings , princes , churches , states , and all professors of the protestant religion , by raising schisms , seditions , devisions , civil wars and commotions a-amongst them , and dividing them one from and against another to their mutual ruine ; which hath been their great designe of late years , whereof we have felt the sad effects : as you may read at large in hospinian , and ludovicus lucius , their most excellent historia jesuita , speculum , sive jubilaeum jesuiticum , and the epistle to my vindication , &c. of the good old fundamental liberties and laws of england ; which if they cannot effect by these means , then to excite all christian kings and princes to accomplish it in conclusion , by fire , sword , war , and the power of an army ; as you may there be satisfied by undeniable testimonies of jesuites themselves , and presidents of former and latter times : more particularly by the words and writings of jacobus crucius , the jesuite , in his explication of the rules of the jesuites , and his sermon , anno 1584. thomas stapleton ; his speculum pravitatis hereticae , duaci 1580. thom. campian , his concertatio ecclesiae catholicae treviris . 1583. page 22. paulus windeck , de extirpandis haeriticis . antid . 10. and 11. franciscus verona , his apologia pro joanne castle , part 5. cap. 13. cunradus brunus , de haereticis , lib. 3. cap. ult . cornelius cornelii , his praefatio ad s. trinitatem increatam , commentariis in minores prophetas praefixa . wherein , he blesseth the trinity , for opening the eyes of christian kings , and stirring them up all against calvinisme , as the plague of their realms : for inabling the king of france , spain , and emperour in a short time to overthrow , conquer , expell , and destroy the arch-heriticks ; the * hussites and calvinists in france , austria , bohemia , moravia , silesia , hungary , and both the palatinates , as the fire-brands of rebellion , to their eternal glory : concluding thus ; agite principles generosi , pergite magnis animis , opus faelicibus adeo auspiciis caeptum conficite ; paribus studiis rebellem calvini haeresin , pene evulsam , stirpitvs vbilibet eradicate , &c. and by antonius possevinus the jesuite ( to omit * all others ) in his miles christianus ( published when pope paul the fifth sent an army into france , against the enemies of the church , wherein he asserts , that all christians are bound of right , to defend the roman religion against the doctrine of the gospellers ( or protestants ) with all their forces ; and the effusion of their blood : that neither peace nor the publick good can be preserved in the roman church , unless these her enemies be quite extirpated . exhorting the captains of the army , to permit nothing at all to these hereticks ; not to keep their plighted faith with them ; to suborn secrat inquisitors against them ; * domestica et intestina bella inter illos excitari curent : to take care to stir up domestick and intestine warres between themselves proditores ac sicarios , omnibus locis , contra illos , instituant : and to institute traytors and murderers against them in all places : asserting , that the captains who did otherwise , sinned against the roman church , & were rendred inexcusable and damned . now seeing barisonius the jesuit , in his letter to * a noble venetian ( who deserted their order , ) dated at bononia 21. april 1608. printed 1609 : amongst other things thus boasts of the excellency , power and perfection of their iefuiticall order , pro libitu nostro , et bellum et pagem mundo apportamus . that they can at their pleasure bring both war and peace to the world , as the chief authors of both . that they lawfully may and do sow discords and divisions between king and subject , man and wife , father and children , brothers and kindred , and usurp absolute dominion and tyranny over any private men , cities , or whole kingdoms they suspect , for the benefit of the church and see of rome , in whose service and greatness true piety and the highest point of religion consists ; and that for this end they may in their * chamber of meditation , animate their assasinates to murder hereticks , enemies and rebels to the church of rome , not only though private persons , but though the greatest of princes and kings , by representing to them the heroical fact of ehud , recorded in sacred scripture , and promising them a seat in heaven amongst the saints and martyrs for such an heroicke deed . and seeing the jesuits ( dispersed like locusts over the world ) are increased in a few years to so great a number , that they boasted long since , * that they had no lesse then two hundred thousand scholars in europe : and claud us aquacia , their late general ▪ haunted ; that he could bring into the field and than in a shorter time , more souldiers then any one christian king : and proferred pope paul the fifth ( during the interdict of venice , when they and he were in some danger ) to aide him with forty thousand men , so as those of them slain in the warres , might be reputed martyrs : so infinite are the numbers of their society , novices , disciples , treasures , revenues ; yea all their colleges in foreign parts , so many strong castles , forts and magazines of arms ; ammunition , powder , and all military provisions ( as they bost , and * others write ) and seeing these jesuits , who make it their masterpiece to weaken and destroy all others by divisions , schismes , factions , tumules , prescribe it as the principle part of their own policy , safety , power , successes and growth , to maintain unity , peace , amity , and prevent all schismes and divisions amongst themselves , * prescribing sundry rules and orders for this end , to which they are all sworn to yeild exact obedience ; i referre it to the consideration of all prudent , zealous protestants and statesmen in our whole three nations ; how dangerous a plot and * jereboam like desperate policy it may in a short time prove , to all our churches , zealous ministers and professors of the protestant religion ( yea to our present governors , swordmen , and their posteri●ies likewise ) any longer to tollerate these jesuitical , fiery , treacherous agents , with other romish emissaries , freely to vent their errors , blasphemies , heresies , fancies , and set up separat congregations in all places , to multiply our divisions , dis-unite us all one from another , and augment their strength and party , predominating in most councels , places ; the better to secure any in actual power for the present ; though to hasten their , with our whole kingdoms , churches , ministers , and reformed religions ruine by it in conclusion , even by force of arms and tumults , when they see their opportunity , as we have all just cause to fear ? i shall therefore close up all with the words of * huldricus zwinglius against those dippers and anabaptists in his age , who denyed the office and coercive power of christian magistrates ( specially in matters of religion ) as most of our anabaptists , quakers , disguised jesuits & franciscans now do . propter istos ipsos qui negant , christanum posse gerere magistratum , maxime egemus magistratu ; quam vitam omnium talemesse videatis ut rigidissimo magistratu opus habeat . quod si * propacato statu orare licet ; licet & nimirum orare , ut deus pium magistratum concedat , quo commodius , pax & concordia concilientur . quin omnes hoc agimus , ut vitam innocentissimam ducamus , & nihil nos premet magistratus : * for rulers are not a terror to good works , but to evil ; wilt thou not then be afraid of the powers , do that which is good , and thou shalt have praise of the same . hoc ipsum oro , ut diligenter expendant , qui magistratum detrectant . si potestatem odio habent aut timent ; quod rectum est faciant . expendant simul principes ne recte factis timori sint . qui ergo jam novis exactionibus , tribu●is , vectigalibus , non modo expilant in seram plebem sed onerant , excarnificant , excindunt , ut videantur esse in communem nati perniciem ; qui malis defectantur , & bonis minacitur imminent , principes non sunt ; sed tyrannt , sed tortores , sed lanii . qui ergo omnium malo praesunt , videant quo pacto christinomine glorienter ; qui non modo ut praedones & furis in omnium bono , sed ut pestes quoque in omnium corpora grassantur . sunt autem & isti ministri dei , sed quomodo satan minister dei est , qui ubique adversatur , circumvenit , terdi . omni a in manibus sunt cupidissimorum hominum , ut jam non unum tyrannum habeant , qui sub talibus imperiis degunt , sed sexcentos . * friget omnis justitia , fervet cupiditas imo dominatur , putant enim si tribut a sint quacunque ratione amplissima , jam recte administraci imperium . ne ergo tenure summam rerum imprudentibus , pueris , stupidis , cupidisve nedamus , sediis quorum probitas , fides , prudentia , longo usu perspectae sint , alioqui frustra nos aliquando queremur , quod dicitur , non putavisse : tribuat nobis omnipotens pater , magistratus tales , qui nullum aliud exemplum spectent , quam ejus , cujus , ordinatione ad hoc cocuneris inautorati sunt , ut ad modum creatoris nostri sese geraent quo patres nos multos habere gloriare possimus : nec queri cogamur , quod propheta mic. 7. ( ver . 1. 2 3 4. 5. 6. ) queritur . vae mihi , &c. amen . a brief reply to john audlands rayling paper . christian reader , meeting ( since the premises sent to the presse ) with a printed pamphlet lately published , intituled : the innocent delivered out of the snare , &c. full of unchristian raylings against our ministers , magistrates in general , and my self , with others in particular ; written by john audland , an arch quaker ( who cannot write six lines of true english together ; ) and finding in the title page and p. 36. &c. thereof , this inscription . an answer to a scandalous paper put forth by william prynne ; intituled : the quakers unmasked and clearly detected : wherein his slanders are made to appear ; and he is clearly unmasked and plainly detected , being taken with a lye in his mouth : i thought meet , by way of reply , to so much only as concerns my paper , to give thee this brief accompt thereof , in the close of this enlarged edition . 1. that his chief exception is against cowlishaw his oath , as untrue ; only upon this slender ground . p. 37. two of us whom the world reproachfully calls quakers , came from the north ( being moved of the lord ) in the moneth of june ; we came into the city of bristol the 12. day of the month called july ; and on the morrow being the 13. day , we were at two meetings ; the one with the people called anabaptists ; the other with the people called independents ; and we were moved by the lord to speak at both their meetings , which we did : as several of those people can bear witnesse . thou saith ; in september george cowlishaw being asked by coppinger ; if there had been none of those people called quakers in bristol ? he answered , no . now this is false . for some of us who * is so called ( marke his english ) was then at bristol : for we had meetings at the fort and redde-lodge in bristol , the 10. and 13. of september : at which was several hundreds of people ; which will all witnesses . that thy oath is false . but doth this convince the oath to be false ? no verily : but rather confirms it for truth : for though two of you went to two private meetings of anabaptists and independents in bristol , and spake there to them on july 13. yet that was unknown to cowlishaw and most others : and you spake to those people then , not under the name or notion of quakers , but only of * anabaptists & independents : and your speaking to sundry after in and about bristol on the 10. 13. 15. 17. 19. of september ( at which time you began to take upon you the name of quakers , and to be known in bristol by that title ) was after cowlishaws conference with coppinger : who adds ; that about 18. dayes after , there came to this city two that were named quakers : now several of you coming thither ( like the franciscan fryers two by two after each other ) just about that time he deposeth , by your own relation ; convinceth audland of an apparant slander , and double lye. first , in accusing cowlishaw ( known to be a person of truth and honesty , ) for making a false oath , which his own answer to it justifieth to be true . 2. in averring , * that he and his companions were moved by the lord & his eternal spirit , to leave their own habitation and callings in the north , to come to seduoe the people of bristol ( to believe their new revelations ) . that they are the messengers , & ministers of the everlasting gospel of god , sent and moved by the lord to speak to the city of bristol , &c. when as in truth , they are those that trouble that city , and would pervert the gospel of christ therein , gal : 1. 7. yea the very false lying pophers prophecied of and described zech. 13. 3 , 4 , 5. 2. he excepts against cowlishaw : that he accused not coppinger to the magistrate , confessing himself to be a franciscan fryer ; but concealed , and let him go . whereupon he taxeth the magistrates of bristol for injustice , in not punishing cowlishaw , and yet making out warrants against the quakers . but this is very frivolous . 1. because his printed oath , is no concealment , but a clear discovery of him , and all his conference with him , to the magistrates , deserving praise , not punishment . 2. coppingers hasty departure the very next day into ireland , disabled him and the magistrate● to seise him . 3. the suspension of the laws by some in superiour power against such romish vermin at that season , will excuse both him and the magistrates from any punishment or blame , in not seising on him ; could they have conveniently done it . 4. their granting out warrants against the quakers , for disturbing both the peace ministers , and government of the city , was just , legal . and their publick abuse both of the mayor and governors of the city in print , in the two last pages of this pamphlet , stiling them brethren and companions , but it is in iniquity , who have confederated themselves against christ & his anointed , &c. deserves a sharper censure , then a small fine , temporary imprisonment and an obligation to the good behaviour though not yet inflicted on them . 3. his exceptions against me ; are , for averring . 1. that the quakers are but the spawn of romish frogs , jesuites , and franciscan fryers ; to refute which he alleageth only that they * all came from the north , that their birth and being was in west moreland near kendal , where they lived & walked none of them having ever been out of england . to which answer . 1. that their coming out of the north ; is a shrewd argument of their badnesse . the scripture informs us jer. 1. 14. chap. 4. 6. chap. 6. 1 , 22. that out of the north an evill shall break forth upon all the inhabit ants of the land . that evill appeareth out of the north , and great destruction shall be brought from the north . which the latin proverb omne malum ab aquilone ; with the english adagy ; a●… evil comes from the north , seconding , we have just cause to conclude ; that these quakers coming from thence , are fit instruments , only to bring evil and destruction upon all the inhabitants of the land ; not gods messengers , ministers , sent thence to save mens souls . 2. westmoreland is well known , to have abounded with jesuites , popish priest● fryers , recusants , and persons popishly affected , ever since the reformation : witnesse the * rebellion of the earl of westmorland and the northern papists under him , to advance the popish religion and destroy queen elizabeth and the protestant reformation . anno 1569. with the late power of the lord william howard , ducket , leyborn , fleming , and other popish families in that county . and therefore we may justly fear an emanation of jesuitical , franciscan frogs and emissaries from thence now . 3. mr. tillam ( late , or still a popish priest ) administrator of the anabaptistical congregation at hexam , not far from kendal , avers in print ; * that these quaking agonies were derived from the francis can fryers ; and the premises sufficiently prove , that they were derived to us from them , and the jesuites , who took their pattern from the idolatrous pagan prietts , quaking transcies and agonies . therefore his own bare verbal negation thereof , will no way disprove my assertion . the rather , because the jesuites , franciscans , benedictines , and others have their private colledges , societies , and generall of their orders in england , and may secretly admit their disciples into their orders here , without going beyond the seas ; as i have proved at large in my romes-master-piece ; the popish royal favourite , hidden works of darknesse brought to publique light , and my epistle to a ( late ) seasonable legal and historical vindication ; to which i shall referre the reader , and our quakers for fuller satisfaction . 4. some of them , wearing rough hair cloth and cords about their bodies , like the franciscan cordiliers ; is a very probable evidence , that they were spawned from them , and that they are the persons prophecied of zech. 13. 3 , 4 , 5. which prophecy lyes in the name of the lord , and wear a garment of hair to ly and deceive the people , which murford and others of them use . 2. for affirming , that they use inchanted potions , bracelets , ribands , sorcery , and witchcraft ; to intoxicate their disciples . which being sufficiently evidenced in the premises , and * apparent by many instances , in most places where they ramble , i shall no further insist to prove it . but close up all with these two scripture exhortations to the people of england . 1. cor. 16. 13. phil. 1. 27. watch ye , stand fast in the f●●… quit you like men , be strong ; in one spirit with one mind , ●●●…ving together for the faith of the gospel , and 1 pet. 5. 8 , 9. 〈◊〉 sober , be vigilant , because your adversary the devil walked ●…bout ( in his instruments as well as person ) like a roaring . ●●●… on , seeking whom he may devour , whom resist stedfast in the f●●… and with that of gal. 1. 7. 8. 9. but there are some 〈◊〉 trouble you , and would pervert the gospel of christ : 〈◊〉 though they , we , on an angel from heaven preach any * oth●●●… gospel unto you , let him be accursed . as we 〈◊〉 before , so say i now again : if any man preach an●… other gospel unto you , then that yo●… have received , let him be accursed . 〈◊〉 let all sincere lovers , professors of the gospel 〈◊〉 our lord jesus christ , throughout our nation a●●… the christian world , add a zealous amen * and am●●… thereto . math. 15. 1● . they be blind leaders of the blind : and if the blind lead , 〈◊〉 blind , both shall fall into the ditch . rev. 12. 12. wo to the inhabitants of the earth , a●… of the sea , for the devil is come down unt●… you having great wrath , because he knoweth he h●●… but a short time . finis . notes, typically marginal, from the original text notes for div a56194-e430 * see thomas cam●●ella de monarchia hispanica c. 25 , 27. * see regula fratrum minorum sub franciso m●●itantium . ven. 150● . * see surius & riba ●●●…era , in vita & regula fratrum minorum sanct● francisc ▪ * the perfect pharise . p. 1 , 2 , 11 , 14. * and of g. emmot a late reclaimed quaker in his nothern blast . * witnesse extreame unction , used by many separate congregations , and their recusancy to hear our ministers , or come to our publick ordinances and the like . * see g emmot his northern blast . with gilpins book , both relenting quakers . * see wierus de praestigiis daemonum . l. 1. c. 10. & 17. in jo. gerson de probatione spirituum . * imitated b some women quakers . * se g. emmot his northern blast . p. 1. 13. 14. the perfect pharise . p. 9 , 10 , 11 , 14. 29. 35. &c. * the jesuites , popish priests and fryers condemned our ministers here tosore as unlawful ministers , because they derived not their ordination from the church of rome : now they turn the scales and affirm them to be no lawful ministers but antichristian and popish upon this false pretext , that they derive their ordination and ministery from the pope and church of rome . * see john gilpins , and others printed relations concerning the quakers in the north. * joannes wi●rus de prestigiis daemonum . l. 1. c. 11. petrus thyaraeus de demoniacis & obsessis , pars 1. c. 3. to 9. pars 2. c. 25 , 27 georgius pistorius de demonum ortu , officiis , illusionibus , &c. isagoge . basiliae , 1563. * de praestigiis daemonum , l. 1. c. 1. p. 63. * see purchas pilg. l. 8. c. 6. l. 9. c. 6. wierus de praestigiis dem l. 2 c. 3.4 * as william strickland and others did at kendal . see the perfect pharisee , london 1654. p. 20 , 42 , 43. * see a false jew discovered , anno 1653. p. 6 , 1. 1. * lib. 3 de excid : heir : * de anima , li * his : 5 : c. 16. 33. * lib. 1 , & 4. fab : * haeres : 22. l. 3 c 3. * de demoniacis pars 2. c 21. p. 55. * see tostarus abulensis in 8 ? math. qu. 114. * see the perfect pharisee p. 41. &c. * see my sword of christian magistracy supported : & mr thomas edwards treatise against toleration . † 2 pet. 2. 1. 2 thes . 2. 10 , 11. compared with john 17. 3. 2 pet. 2. 1 , 2. &c. 2 thes . 2. 10 , 11. gal. 5. 20 , 21. rom. 16. 17 , 18. 1 tim. 4. 1 , 2 , 3. 2 tim. 3. 1. to 9. 2 pet. 2. 1. to the end . jude 4. to 20. a euseb . d. vita constantini . socrates eccl. hist. l. 1. c. 9. theodor. hist. eccles . l. 5. c. 6. b in my sword of christian magistracy supported , and truth triumphing over falshood . 2. tim. 3. 13. 14. see alphonsi d vargas . relatio , p. 317. 330. * so the old translation renders it . notes for div a56194-e5890 see ludovicus lucius h st . jesuitica , p. 293 , 235 , 328 , 336 , 447 , 592 , 624. † see speculum jesuiticum , p. 3 , 4. 26. a gulielmus ronde letius , methodus curandi morbos , c. 23. 39. see wierus de praestigiis daemonum , l. 1. c. 11. * see ludovicus lucius , hist . jesuitica , p. 172 396 , 432. * see speculum jesuiticum . p. 59 , 60 , 62 , 63. * hasenmullerus hist . jesuitica c. 8. speculum jesuiticum p. 62 , 63. petrus thyraeus de daemoniacis . * see ludevicus lucius hist . jesuitica l. 1. c 1. p. 2. † hespinian & ludovicus lucius hist . jesuitical . 4. grimstons imperial history p. 821. romes master-piece . speculum jesuiticum , p. 175 , 176. * matth. 28 18 19 20. mar 3. 14. c. 16. 15. acts 10. 42 c. 1. 22 &c. c. 14. 23. c. 13. 2 , 3. rom. 1. 1. rom. 10. 15. john 15. 16. 1 tim. 2. 7. tit. 1. 5. 1 tim. 4. 14. c. 5. 22. heb. 5. 1. to 6. * see hasenmulerus hist . jesuitica l. 1. speculum jesuiticum p. 61. * see ludevicus lucius hist . jesuitica l. 1. c. 1 , 2. * we may see by this , who were the raisers and original contrivers of our late intestine wars , &c. * see ludevicus lucius . hist . jesuitica , l. 1. c. 8. p. 164. 166. * of which read iudovicus lucius . p. 129. 199. 200 * ludovicus lucius . l. 1. c. ● p. 156. 172. * speculum jesuiticum , p. 207. to 213. lud. lucius , hist . jesuitica . l. 1. c. 6. p. 156 , 157. 238 171. * regulae jesuitarum . printed 1627. and ludovicus lucius . hist l. 1. c. 3. p. 18. 19. 21. 24. 26. 31. * 1 kings 12. 26 to the end 6. 13. 2. &c. mat. 12. 25. * de vera & falsa religione cap. de magistratu . printed , 1525 * 1 tim. 2. 1 , 2 , * rom. 13. 3. * a character of our times . notes for div a56194-e8970 * two verbs singular are coupled with us , a plural ; and so thorowout the book . * whose opinions they justifie against infant baptism in this new pamphlet p. 20. 31 , 32. see p 6. 7 , 26 , 37 , 44 , 45 , at the end . p. 38. * it is but his own test mony ; and none can tell what abode or profession he or fox formerly had there , after diligent enquiry made concerning it ? * see speeds , history , camdens elizabeth , stow. how , and others in ann 1569. * see the perfect pharisee . p. 13. now in bath gaol for disturbing the minister there in the midest of his sermon the. 27 of may last * see john gilpius printed relation of himself . * as two quakers did lately in vvestminster hall , may 14. denied the scriptures to be the word of god , &c. heaven , hell , and the resurrection of the dead , &c. as diurnals print * zech. 5 13. cap. 8. 6. psal . 41. 13. psal . 72. 19. ps . 89. 52. ps . 106. 48. the vvhole triall of connor lord macguire with the perfect copies of the indictment, and all the evidences against him : also the copie of sir philome oneales commission, the popes bull to the confederate catholikes in ireland, with many remarkable passages of the grand rebellion there, from the first rise thereof to this present : his plea of peerage, and severall answers : with the severall replies made to him / by the king's sergeant at law and sergeant roll. william prynne, esquire, and m. nudigate ; and the copies of the severall testimonies brought in against him at his triall at the kings bench barre ... enniskillen, connor maguire, baron of, 1616-1645, defendant. this text is an enriched version of the tcp digital transcription a56231 of text r212207 in the english short title catalog (wing p4130). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 95 kb of xml-encoded text transcribed from 26 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56231 wing p4130 estc r212207 12732653 ocm 12732653 66510 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56231) transcribed from: (early english books online ; image set 66510) images scanned from microfilm: (early english books, 1641-1700 ; 223:15) the vvhole triall of connor lord macguire with the perfect copies of the indictment, and all the evidences against him : also the copie of sir philome oneales commission, the popes bull to the confederate catholikes in ireland, with many remarkable passages of the grand rebellion there, from the first rise thereof to this present : his plea of peerage, and severall answers : with the severall replies made to him / by the king's sergeant at law and sergeant roll. william prynne, esquire, and m. nudigate ; and the copies of the severall testimonies brought in against him at his triall at the kings bench barre ... enniskillen, connor maguire, baron of, 1616-1645, defendant. prynne, william, 1600-1669. nudigate, m. o'neill, phelim, sir, 1604?-1653. catholic church. pope (1623-1644 : urban viii) england and wales. court of king's bench. [2], 16, 32 p. printed for robert austin ..., london : 1645. reproduction of original in huntington library. eng enniskillen, connor maguire, -baron of, 1616-1645 -trials, litigation, etc. ireland -history -rebellion of 1641. a56231 r212207 (wing p4130). civilwar no the vvhole triall of connor lord macguire, with the perfect copies of the indictment, and all the evidences against him. also, the copie of enniskillen, connor maguire, baron of 1645 17075 417 0 0 0 0 0 244 f the rate of 244 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2002-03 tcp assigned for keying and markup 2002-04 apex covantage keyed and coded from proquest page images 2002-05 tcp staff (oxford) sampled and proofread 2002-07 apex covantage rekeyed and resubmitted 2002-08 emma (leeson) huber sampled and proofread 2002-08 emma (leeson) huber text and markup reviewed and edited 2002-10 pfs batch review (qc) and xml conversion the vvhole triall of connor lord macguire , with the perfect copies of the indictment , and all the evidences against him . also the copie of sir philome oneales commission , the popes bull to the confederate catholikes in ireland , with many remarkable passages of the grand rebellion there , from the first rise thereof to this present . his plea of peerage , and severall answers : with the severall replies made to him , by the kings sergeant at law , and sergeant roll . william prynne , esquire ; and m. nudigate . and the copies of the severall testimonies brought in against him at his triall at the kings bench barre , in hilarie terme l●…st : by the lord blaney . lady calfield . sir arthur loftus . sir iohn temple . sir william stewart . sir fran. hamilton . sir edw. borlacey . sir vvilliam cole . sir charles coot . mrs. vvordrofe . iohn carmicke . vvalter gubson . m. bunbury . cap. mich. balfoure . captain berisford . london , printed for robert austin , in the old-baily . 1645. there will be no need of making any long preamble to this businesse of the lord macguire : there is none of us but have cause to be very sensible of i●… in some of our blood , some deer friend , or at least some acquaintance in the present unhappy war ensuing this most damnable treason , plotted by him and his confede●…ates , the particulars whereof you will finde in order , which are in themselves so copious , and satisfactorie , that it will not need any other pointing out then the order it lies in ? here followeth a proclamation published upon the first discovery of the plot . a proclamation , by the lords justices and councell . w. parsons . io. borlase . these are to make known and publish to all his majesties good subiects in this kingdome of ireland , that there is a discoverie made to us the lords justices and counsell , of a most disloyall and detestable conspirace intended by some evill affected irish papists , against the lives of vs , the lords iustices and counsell , and many others of his maiesties faithfull subiects universally throughout this kingdome , and for the seizing not onely of his maiesties castle of dublin , his maiesties principall fort here but also of the other fortifications in this kingdome : and seeing by the great goodnesse and abundant mercy of almighty god to his maiestie and this state and kingdome those wicked conspiracies are brought to light , and some of the conspirators committed to the castle of dublin , by us , by his maiesties authority so as those wicked and damnable plots are now disappointed in the chief parts thereof , we there●…ore have thought fit hereby not onely to make it publikely known , for the comfort of his maiesties good and loyall subiectes in all parts of the kingdome , but also hereby to require them that they doe with all confidence and cheerefulnesse betake themselves to their owne defence , and stand upon their guard , so to render the more safety to themselves and all the kindome besides , and that they advertise us with all possible speed of all occurents which may cencerne the peace and safety of the kingdome , & now to shew fully that faith and loyaltie , which they have alwaies shown for the publike services of the crowne and kingdome , which we will value to his maiestie accordingly , and a speciall memorie thereof will bee retained for their advantage in due time , and we require that great care be taken that no levies of men be made for forraine service nor any men suffered to march upon any such pretence . given at his majesties castle at dublin , 23 octob. 1641. r. dillon . ro. digby . ad. loftus . i. temple . tho. rotheram . fr. willowby . j. ware . rob meredith . god save the king . imprinted at dublin by the society of sationers 1641. the rebellion ( notwithstanding this proclamation ) went on still , for though it took not at dublin , where this l. macguire , macmahan , and some other conspirators were discovered , and appredended , and many of the rebels were dispersed by reason thereof ; yet they called them in again from time to time , by warrants , ( of which sort here is the coppy of one under plunkets owne hand , ) and have ever since continued this rebellion . by the right honourable the generall assembly of the confederate catholiques of ireland . these are to will and command you forthwith to make diligent search and inquiries within your severall townes , villages , quarters and corporations , for all such souldiers as are come from the fort of duncannon , sithence the late c●…ssation ; which were under the command of captaine ralph capron , and captaine edward ashton , and wheresoever they or any of them shall be found , their bodies t●… restrain and deliver unto the said captains upon demand by the said captaines , or either of them , the said c●…ptains faithfully promising not to inflict any further pun●…shment upon the said souldiers or any of them , for this their f●…rst fault , whereof you may not faile , as you and every of you will answere the contrary . and for so doeing , shall be a sufficient warrant . given at waterford the 15th . of november 1643. n. plunket . to all his majestie sheriffs , soveraignes , portriffs , bayliffs , collonels , captaines , commanders and other officers whom it may concerne within the county of wexsord or elsewhere . and in this bloody warre plotted and begun in ireland by this lord macguire , and his confederates , and seconded in eagland : how many thousand of men women and children have lost their lives ; and for this the rebels plead great authority as appeares by this declaration following . a declaration of the lords , gentry , and others of leinster and munster , of their incentions towards the english and scotish protestants , inhabitants within this kingdome . whereas we are informed , that it is generally conceived and believed by the english , and scotish protnstants inhabitants of this kingdom , th●…t we the lords , gentry , and others of the said kingdom have taken arms , and taken forces , for the extirpation and banishing of them out of this kingnome , thereby to acquire to our selves their goods and estates : we therefore desire to be rightly understood : for wee hereby declare , that we never consented , nor intended , nor neither will intend , nor condescend to any such act , but do utterly disciaime them : but that each man known to be a modera●…e conformable protestant , may ( as well as the romish catholicks ) respectively live and en ; oy the freedome of their own religion , and peaceably and quietly possesse their own estates , so far forth as they , or any of them , shall joyne with us in this oath following : ia . b. doe in the presence of almighty god , and all the angels and saints , and by the contents of the bible , promise , vo●… , sweare and protest , to beare true faith and allegiauce to our soveraigne lord king charles , and the heires and successors of his body begotten , and will defend him and them , as ●…r as i may , with my life , power ; and estate , against all persons that attempt any thing against his or their persons , honours . estates , and dignities : and that i will with the exposing of my life , power , and estate , ●…oyn with the said irish or any other to recover his estate , roya●…l ●… erogatives forcibly wreste●… from him y the purit●…nes , in the houses of parliament in england , and to maintaine the same against them and all others tha●… sh●…ll directly or indirectly indeavour t●… suppress●… or doe any ast contrary to regall government ; as also to maintan episcopall iurisdiction , and the lawfullnesse thereof in the church , powers and priviledges of prelates , and the lawfull rights and priviledges o●… the subject : * and i will d●…e no act or thing directly or indirectly , to hinder the free and publike excercize of the ro●…ish catholik religion in any his majesties dominions and that i will joyn with , and be assistant to the members of this common wealth for redresse to be had of the grievances and pressures thereof in ●…ch manner and forme as shall be thought fit by a lawfull parliament , and to my power as far as i may i will oppose and bring to condigne punishment , even to losse of life , liberty and estate , of all such as either by force , or practice , co●…ncells , plots , conspira ies or otherwise , doe , or attempt any thing to the contrary of any article , cl●…use , or any thing in this present oath , vow , or protestation , contained , a d neither for reward feare , or punishment or any respect whatsoever , shall relinquish this oath and protestation . so help me god . this declaration and oath was entred inthe counsell book of k●…lkeney , and this is a true copie thereof . witnesse the hand of jerem●… green , clerk of the supreme councell of kilkeney . god save the king . by the confederate catholikes of the supreme counsell . vvhereas the scottish armie in the province of ulster , and other their adherents , in the said province , and other parts of the kingdome , have of late ( as often before taken ) a traiterous oath of coven●…nt against his sacred maiestie , his crowne , and dignity , and made an unchristian and prophane vow for the utter extirpation of the irish nation , and totall suppression of the catholike romane religion , subversion of monarchicall government , and introduction of confused annarchy within this realme : and not contented with the inhumane and unparalleld massacres by them committed on poore laborers , wom●…n , children , and many thousands of other innocents of our nation , without distinction of age , sex , or condition , before the conclusion of the cessasion at siggins towne , on the 15th . of september last , notwithstanding continuall depredations , robberies , thefts , burnings , and destruction of all the corne and inhabitants in many counties and territories within the said realme , and elsewhere by them acted before the said cessation : the said traiterous covenanters receiving their maintenance , support and orders , from the rebells now in armes against his majestie in england ; have augmented , and do rather multiply and increase , then diminish their exhorbitant courses : and whereas the said rebells have joyned in a strict union & confederation to destroy the irish nation root and branch ( as they terme it ) and their ministers and adherents , by their directions , at sea as well 〈◊〉 land , do exercise no lesse cruelty : for , as oft as shipping do meet any weaker vessels at sea , transporting men from this kingdome for his majesties seruice in england , if irish men , though protestants , and valiant and usefull servitors against the confederate catholikes in this warre , the irish are thrown over board , as doth appear by the late throwing into the sea , & drownig of an irish company of foot of colonell willowbies regiment , all protestants , and servitours as aforesaid ; and many women in their passage from dublin to bristoll , by one of the pretended parliament ships , and sundry other examples of that kinde , against the law of warre and nations . and whereas the said scottish army , all composed of rebels and assassinates , are now in their march in great numbers towards the three provinces of this kingdome , to accomplishe the plots and machinations aforesaid : and whereas the said rebells in england have provided a great navy , a considerable part whereof doth surround the the seacoast in this kingdome , and are resol●…ed the next summer , if it rest in their power , which god defend , to land great forces in the province of munster and le●…nster : and the said rebels of scotland have the like designe of landing of forces in the parts of ulster next unto the province of conaght : and whereas the auxiliarie forces of the three provinces , d●…signed and raised for the necessary defence of our religion , king , and nation , are now marched to the province of ulster under the command of our very good lord the earle of c●…stle haven , generall , appointed by the last generall assembly for the expedition of ulster , to repell the said fury and insolencie of the said rebels . wherefore we hold it of absolute necessity , for the safety of the kingdome , and his majesties interest therein , that all the said other three provinces be forthwith in armes , as well to preserve themselves at home from the said intended invasions , as also to be ready to assist the said army abroad , marcht into ulster , if need require . we doe therefore by this publike act and proclamation order , command , and require all the lords , knights and gentlemen , freeholders , and all other persons , from the age of 18. yeares , to the age of 60. forthwith to put themselves in armes and posture of defence , and such as want armes and ammunition , and are able , are hereby required to provide the same forthwith , for themselves , their servants and retinue . and for the better effecting this high and important service , we do hereby require , order , & command all and every the governours , deputy governours , majors , sheriffes , and all other head-officers of the respective counties , cities , and incorporate townes of this kingdome , within our quarters , viz. the governours , deputie-governours , in the counties where they are governours , to call to assistance the high sheriffe , and two or more of th●… commissioners of the array and in the countie swhere there is no governour , the high sheriffe , calling to his assistance three , or more of the comissioners , of the array : and in the cities , and cor●…orate townes , the major and other head-officers , taking to assistance the recommended sheriffes and bailiffe thereof , or any one or more of them , fo●…th with to summon-all the lords , knights , gentlemen , and free holders , and others , able and fit to beare armes , betwe●…ne the ages asoresaid , to appeare well armed upon a certain day , and in a certain place , within the said respective counties and townes respectively , and upon such appearance , to inlist the names , sirnames , age , armes , and ammunition of every person , who will so appeare , in a book fairely written , and the said governour , deputy-governours , majors , high sheirieffs , and other head-officers , taking to their assistance , as aforesaid , are hereby required and authorized to impose fines , to the double value of the armes and ammunition , upon any person or persons so summoned , that will make default , who ought to have according to the meaning of this our proclamation , and of other our former proclamations , to this effect : and to impose the single value of the armes he should have , upon such as will appear , and not bee armed as becommeth : and wee require the said governours , and other officers aforesaid , at their perills to make due returne unto the generall assemblie now neer at hand , or unto us , in a faire booke fairely written , of the number , names , ●…r-names , armes , amunition , defaults , and fines aforesaid , at the furthest , by the sixth day of the moneth of august . given at kilkeney the 6. of july 1644. mount-garret . fz. tho. dublin . autrim . nettevill . arthur iveagh . john cloynfect . tho. preston . edmond fitz. morris . rich bealing . tirlogh o neile . patrick darcy . george comins . printed at waterford by tho. bovrke , printer to the confedrate catholikes of ireland . i caused this declaration and proclamation to bee printed here in england , and will justifie it to be their act upon oath . lazarus haward . my lodging at master sretchers in the tower bulwarke . but to come to the particulars of the tryall of the lord maguire ; which was thus : the coppy of the indictment . ●… conner maguire alias cornelius maguire . 〈◊〉 . rex cont. by the indictment , the defendent cornelius maguire esquire , that is n●…w prisoner at the barre ; is charged 〈◊〉 〈◊〉 , together with sir phil. o neale , philip o relly , roger moore , a●…m . roger maguire esquire , toole o conley clarke ( being a romane priest ) hugh mackmahune , and divers other persons , false trayt●…rs unknowne , as a falsetraytor against the kings majestie , his supreame leige lord ; not having the feare of god in his heart , nor considering his duty or allegiance , but being seduced by the instigation of the devill , intending altogether to with draw , blot out and extinguish the cordiall love and due obedience which faithfull subjects owe to their soveraigne . 20. oct. 17. car. at dublin in ireland in the parts beyond the seas , and at divers other times both before and after , as well at dublin as elsewhere , falsely , maliciously & traiterously did conspire imagine & compasse utterly to deprive and disinherit the kings majesty of his royall estate & kingdome of ireland . to bring his majesties person to death and destruction , to raise sedition & breed and cause miserable slaughter and destruction amongst the kings subjects , throughout all the whole kingdom , to make an insurrection and rebellion against the king his soveraigne , to levy publique open bloody and fierce war against the king in that kingdome , to change and alter according to their own wills , the government of the kingdome , and the religion there established , and totally to subvert the well ordered state of that common wealth , to procure and bring in dive●…s strangers and forreiners ( not being the kings sub●…ects ) in a warlike manner to invade that kingdom of ireland , and to le●…y warre there . and in execution of these their wicked treasons , and tr●●terous conspiracies . 20. octob. 17. car. the defendan●…conner maguire at dublin , and divers other times and places , by one toole o conley and divers other messengers by him sent to owen o neale , being then in flanders , did move and incite phil. o neale to levy and raise an army in flanders , and thence to bring that army over into ireland , in an hostile mann●…r to invade that kingdome . and further , to put in execution their traiterous purposes , the defendant , together which hugh mac mahun , philim o neale , philip o rely , roger more , roger maguire , and toole o conley the priest . 20. oct. 17. car. at dublin and divers other times and places in ireland , before and after , did traiterously conspire to enter into , seise get into their owne power , and to surprize the kings castle at dublin , and all other the kings castles and forts in that kingdom , & the magazine therein , and at the same time unlawfully and traiterously did indeavour and actually attempt to gaine into their possession and power , and to surprize the said castle of dublin , and the munition therein . that the defendant with the other persons named , philip o neale and others , further to bring to passe their most horrid wicked treasons and conspir cies . 22. octo. 17. car. at charlemont and other places before and after , being armed and arayed , with a great multitude , in a warlike manner , with bann●…rs di●…played , drummes , swordes , staves , gunnes , and other invasive and defensive weapons , did falsly and traterously p●…epare and levy open fierce and bloody war against the kings majesty , and the same 22. octo. seised and surprised the kings fort at charlemont . and then and there 〈◊〉 and trayterously did kill and murder toby lord caufeild , francis davies , and others of the kings subjects that were protestants . that the defendents , 4. junij . 18. car. at the castles of keilagh and cragan , and other times and places before and after , levyed war seised and surprized those castles , and did kill and murder , owen powell , and william cosens , and many other of the kings protestant subjects in t●…at kingdome . which severall offences are laid against his duty and allegiance , against the peace of the king his crowne and dignity , in manifest breach and contempt of the lawes and statutes of this kingdome . the defendant pleaded not guilty ? and being demanded how he would be tryed ? the copy of the plea . he pleaded the statute of magna charta , 10. febr : 9. hen : 3. that none should be condemned but by tryall of his p●…ers , and pleaded the statute of 10. hen : 7. that all the statutes made in england should from thenceforth be in force in ireland . and pleaded that before the time of the severall treasons charged in the indictme●…t , bryan mag●…ire his father by letters pattents was created baron of enis kellyn in ireland , to him and the heires males of his body ; by force whereof his father was seised of the barony in fee tayle , and 1. febr. 12 car. dyed so seised ; after whose death , the barony discended to the defendants : by vertue whereof he was a baron of ireland , and that at a parliament held at dublyn 16. march . 16. car. which was there continued till 7. aug. after , and then adjourned to the 9. of nov. following , and then prorogued to 24. of febr. thence n●…xt following , and from thence continued till 24 iun. 18. car. that he was as one of the noble men and peres of that parliament , and that 23. oct. 17. car. he was arrested and impris●…ned upon pretence of the severall treasons in the indictment mentioned , and th●…re continued till 12. iun. 18. car. when he was brought against his will to westminster , and thence committed to the tower of london in strict custody , and averred hir plea and prayed that he might be tryed and judged by his peeres in ireland . whereunto the kings councell demurred in law , and the defendants joyned in the demurrer . vpon this plea of the l. maguire the beginning of hillary terme . judge bacon delivered his judge●…ent , that a barron of ireland was tryable by a jury in this kingdome : after which the house of commons declared their assent unto his opinion , in this following vote . die sabbathi 8. febr. 1644. resolved upon the question , that the house doth approve of the iudgement given by master iustice bacon , in over-ruling the plea of the lord m●…guire and of the manner of the tryall upon the indictment o●… high treason in the kings bench , and the iudge is he ●…by required to proceed speedily thereupon according to law and iustice . the lords concurrence to be desired herein , master recorder is appointed to carry it up . vnto this vote of the honourable house of commons the house of peeres afterwards declared their co●…currence ; and thereupon this ensuing order was passed by both houses of parliament . di●… lunae . 10. feb. 1644. ordered by the lords and commons in parliament assembled , that the said houses d●…e approve of the iudgement given by master iustice bacon , in over ruling the plea of the lord maguire , and of the ma●…er of the tryall upon the indictment of high treason in the kings-bench , and the lu●…ge is hereby required to proceed speedily thereupon aco●…rdingly , to law and iustice . iohn browne , cler. parl. hen. elsing cler. parl. d. c. the triall of connor macguire , baron of e●…kellin in ireland ( a grand irish rebell●… at the kings bench barre , on m●…nday febr. 10. and tu●…ay febr. 11. 1644 on munday , february 10 , the lord 〈◊〉 ( one of the chiefe actors in that unparallel'd and unheard of rebellion in ireland ) was brought from the tower of london , by the guard belonging thereunto , unto the kings-bench barre , where he was arraigned by the name of connor macguire , aliàs , cornelius macguire esquire , ( for his plea of peerage was found invalid , and so declared by the court , and that opinion of the judge was since assented unto , and confirmed by both houses of parliament : ) at his coming to the ba●…re the prisoner spake as followeth . macguire . i do humbly move , that i may have time allowed me by this court to send for my witnesses . iudge . you have had a long time ; you were indicted about the beginning of the last terme , you might have prepared witnesses the last terme . mac. i did not expect a triall . iudge . you should expect it at your pe●…ill . mac. i was told , when i came into the kingdome , that i might have witnesses . iudge . the proofe lies upon the kings part . mac. though the proofe be of the kings part , yet i must have time to cleere my selfe . iudge . but if every man should ask so much time as you require , he should never come to his triall . sergeant wh●…field . mr. justice bacon , we know that my l. ma●…guire was indicted here the last terme , he was arraigned at this barre , he pleaded , not guilty , he could not but expect that he had then been tried , if it had not been for the plea of peerage , that he then put in , upon which he knows there was a deliberate dispute , and he could not tell but that there would be an end before this time ; and if he had had any witnesses , he might have sent for them the last terme : but it is a very unusuall course , especially in that he could not but expect that he should be tried before this time , but then the court did conceive this was a legall information . no place is mentioned by the prisoner where the witnesses should be , nor are they named who they are , nor any particular thing that they should testifie : but the proof lies cleere on our part ; there 's no justification in treason , if we prove that this lord hath committed treason , there 's no justification of that , by any witnesses he can produce . iudge . the lord grey , that was l. deputy of ireland , committed his treasons in ireland , for which hee was brought over hither , and tried here , yet the court did not stay for his sending over into ireland for witnesses . mac. i desire witnesses . iudge . what can your witnesses say for you ? can they say thus much , that you did not conspire , as this indictment charges you ? that there was no taking of these castles ? can they sweare in the negative ? the proofe 〈◊〉 , in the affirmative on the kings part ? mac. they may be m●…-informed . judge . who may be ●…s-informed ? mac. the court . i have been kept close prisoner a long time , and could not provide my witnesses . ser. whitfield . if we were not tied to that , to nothing but his own confession , ther●…'s enough to condemne him , for that he saies he was kept close prisoner , he might have desired that the last terme . sergeant roll. if we go upon your own examination , th●… witn●…sses conc●…rring with that , what can you have ? judge . if you had witnesses here , we would hear them , but to stay upon a meere verball supposall , for those witnesses in ireland , they may be in that rebellion too , and they will never come hither , and so the matter must never come to a tri●…ll . mac. i desire that it may be the next terme . judge . we cannot protract time , they are the kings witnesses , there are ( i suppose ) divers here , many witnesses of the kings come out of ireland , if you will aske them any questions for your defence , you shall : there are many witnesses of the kings that know how things were in ireland , the court shall put them to speake . mac. i humbly desire to have a formall triall . judge . in what respect do you meane ? i think it is 〈◊〉 now : now you are come to be arraigned , and the evidenc●… is to come in against you , i conceive it is a formall one . then the prisoner was required to hold up his hand at the barre ; and it was demanded , if he would challenge any of the jur●… that were to passe upon him in matter of life an●… death . then the jury being called , he lookt upon them , and challenged those which did appeare , being 23. there being onely one absent , being demanded whether his challenge was peremptory or no ? he answered , it was , for causes best knowne to himselfe . jury challenged . sir w●…m brownclow knight and bar●… et . sir he●…ry ro●… . sir matthew howl●… . ●…homas mar●… , esquire . t●…omas wilcox , esquire . w●…am lane , esquire . edward rogers , esquire . edward claxton , es●…uire . ric●…ard ●…achary , esquire . hump●…ey westwood , esquire . iohn iackson , esquire . io●… p●…wlet , gentleman . thomas po●…ock , gent. henry smith , gent. francis child , gent. edward wilford , gent. william vincent , gent. iohn barnes . iohn arnold . iohn hucksley , esquire . sir iames harrington , knight thomas moore , esquire . henry arund●…ll , gent. ser. whit. the prisoner hath challenged all the jury that does appeare , 23. appeares , and he hath challenged them , and his challenge is for causes best known to himself , which is a peremptory challenge . truely , it is that which the law doth allow , and we do not oppose it , but we doe desire that wee may have another writ returnable to morrow . judge . you must have a venire facias . ser. whit. this cause is a cause of very great weight , there are many witnesses that have long attended in court , we are informed , that some of them are gone away into i●…eland ; that there is the sheriffe of dublin and some others that are now present in court , that cannot be here , if wee should deferre this triall , as the prisoner doth desire , and we do desire that it may be referred till to morrow , we shall be ready to give in evidence against him . iudge . he hath spent t●…ree daies this terme already , this is the fourth , we would have proceeded n●…w , but for his peremptory challenge , but if we stay t●…ll ●…morrow h●… must be content to be tried by a ●…aner jury . m. prynne . this being a pu●…lique case , we desi●…e a speedy progresse in it , our witnesses have been long det●…ned h●…e , and cannot attend till the next terme , some of th●… being to depart within two daies . iudge . a publike case must have publike just●… on both sides : for your witnesses , you shall stay your wit●… here . we must do that which the law doth allow . ser. whit. the law does allow of his peremptory challenge , we desire to have a new writ , and t●…t it may be returnable to morrow . for the doing or it , we sh●…ll lea●… it to those that are to prosecu●…e it , and to the sh●…risse . we see that this cause cannot be tried this day , we d●…sire we may have a speedy end of it , there have been many day●… spent in it , & we that are of counsel for the king do des●…e , that we may conferre together , departing the cou●…●…or some time , and when we have conferred together , we will ret●…n to the court again , and then we wil propound to you what course we do desire for the speedy triall of this cause . to this motion the judge assented , and ser. ●…itfield and the rest of the counsell went to consult together about it , and after a short stay , upon the●…●…turne , s●…r . ●…hitfield spake thus : ser. whit. we that are of counsell for the king , have consulted together with the clarke of the crow●… , and 〈◊〉 secretary , we have ●…drawne our selves , and 〈◊〉 severall presidents , and we doe finde by sever●…ll pres●…dents , that whereas a pe●…emptory challenge shall be , it is in the power of the court to order the course of t●…l , and the course is this : t●●●● g●…es a writ to the sher●…ffe , that he shall distrame ●…ll ●…hem that make default , and that he shall amove those that are challenged by the prisoner ; and further , that he ●●●ll ret●…rn so many more for the triall : this we conceive to be the con●●ant course of this court ; and in this case my lord magu●…re having challenged 23. of the 24. we are to ●●●t●…aine the other that made default , and to amove the 2●… . that 〈◊〉 hath challe●…ged of them , and have a ia●…es returnable tomorrow for a new jury . ●…r . roll. that was in standishes case , and friars case ! iudge i know the court may grant a tales , but the matter is , whether it can be done so soon as to morrow , or no , if the sheriffe can do it to morrow . ser. vvhit . we doe find this in the president of friar , that in 3. hen. 7. the jury did appeare on friday , and all those that did appeare were challenged , and there was a distringas returned the next day , which was saturday . it may be immediate . iudge . then make your distringas against to morrow morning , make out a quadraginta tales against to morrow . mac. i desire i may not be so severely dealt with . judge . it hath been so oftentimes , and the court doth proceed in these cases de die in diem , from day to day , and there is no difficulty in the granting of it , but whether the sheriffe can returne it so soone . is the kings councell will have it to morrow , the other businesses of the court must be put off . hereupon the prisoner was discharged , and a rule granted to the lievtenant of the tower to bring him again the next day . on tuesday febr. 11. the l. macguire was againe brought to the kings-bench barre , where he made a motion that his plea of peerage might be referred to another court . to which it was answered . ser. vvhit . we know not for what end this motion is , and we know this , that this is no time for my lord to make this request ; for you know how farre we have proceeded , he hath been arraigned , and indicted of high treason , and one jury he challenged , the other is returned , so as now he is in the way of his triall ; we are now to proceed with such evidence as we have , to prosecute instantly : we do not desire this to be produced againe , and if it bee , we know not how it could be materiall one way or other . after this the lord macguire further urged the court to the former purpose , to which it was answered , that he was then brought to his triall as a prisoner upon the indictment , and that both the lords and commons had approved of the opinion of the court therein . mac. please you sir , one word more : i desire to appeale to the lords . ser. vvhit . when one is come here , to appeale to the lords , that was never knowne : now you have put your selfe upon the country . mac. under favour , i conceive i may , to an higher court . iudge . it cannot be granted , the lords approved it , if you would have gone to an higher court before , you might have taken your course , now the jury is returned , and you are appointed to be tried here . after this the lord macguire desired further to appeale , to which the answer was : 〈◊〉 〈◊〉 . here lies n●… s●…ch app●…le here , you are out of the eccl●…all co●…t , there is no such plea here ; you ar●… n●…w up●…n ●…he middle ●…f yo●…r t●… , we desire you may go on , you h●…ve challenged 23. of the ju●…y al●…eady . iudge . we have no such course in the common law , ●…f a man will appeale f●…m me , i cannot let him appeale to any man . upon this , these of the jury following were named , which he challenged : viz. george ha●…ger esquire , sir m●…chael vvhart●…n , iames hawley esquire , george s●…th esquire , edm●…nd be●…y esquire , ●…illiam ewrsby esquire , stephen ●…an gent. george ●…eaver-●…asset , 1. nicolls the younger , hea●…y ●…alker gent. randolph nicoll , andrew b●…eat . upon his challenging of these , which being added to the ●…est , make 35. in all , the other jury being about to be call●…d , the l. m●…guire moved : mac. under favour , i conceive , that my lands being sequestred , those men that have bought my lands , should not passe upon my triall ; and therefore i desire they may make answer to it upon oath , whether any of them have adventure●… or no . ser. vvhit . to desire , that an whole jury may be demanded such a question upon their oath , is that that hath not been known : if my lord macguire have cause now against any , he hath run out the liberty which the law gave him , t●… challenge 35. peremptorily : now if he should challenge any more , he must make a particular challenge to every particular man that comes to be sworne , and he must have such a challenge notwithstanding as is warrantable by law ; but this general challenge is not warrantable by law ; and if it were particular , it were not warrantable neither . ser. roll. if you will challenge any more , the law does not d●…barre you to shew cause . mac. i conceive , that any that have given money for ireland for my distruction , ought not to passe against me . ser. whit. this is for the king , this is for no particular person whatsoever . mac. i beseech you ●…are me in it . judge . you know t●…is that the king cannot grant it without the consent of both houses , and in this case it may be put to the jury to try upon their oath : thus farre i shall agree , that if any of this jury be to have any particular benefit in ireland , of land or goods by his attainder , it is good , but if his lands come to the king , and that the king is no way bound to give it any of them ; it is no challenge : looke the statute . mr. prynne . under favour m. i b. it doth not appeare to the court , that the prisoner hath any lands or goods in ireland , and therefore no such question is to be demanded of the jury . judge . you may make needlesse disputes upon it . then the jury being accordingly required to answer upon oath ; whether they had adventured , or had any share in ireland for the rebels land : macguire desired the question might be , whether they themselves , their children , or b●…others ? but that would not be agreed unto , as being unreasonable : then the jury following was sworne : i. carpenter , john cooper , a. cordall , rich. atkinson , josias hendall , william greenwood , william barnes , robert stiles , george norfolk , edw. hudson , john vvait , esah risby , the oath which they tooke was this ; you shall well and truly try , and true deliverance make between our soveraigne lord the king , and connor macguire esquire , now priso●…er at the barre , and a true verdict give accorging to your evidence . the jury being sworne , macguire moved that he might have a jury of 24. to which it was answered . judge . there have been 40. named . mac. under favour , i conceive , i ought to be tried by 24. there were so many returned at first . iudge . they returned 24. that is , because if any of them did faile , and some may be challenged , then there might be 12. left . mac. under favour , i conceive , there should be 24. now left for my triall . iudge . you are deceived in that . you challenged 23. and so there were 40. more added , now you have challenged 12. of this 40. and out of them there ●…emaines so many as will make up a jury of 12. then the court proceeded to his t●…iall , and the indictment against him was read . after which , the court proceeded , saying : gentlemen of the lury , upon this indictment he hath beene arraigned , and to his arra●…gnment he hath pleaded , not guilty , and thereupon put himselfe upon his countrey , and your charge is to inquire whether he be guilty of the indictments , or any of them , if you finde him not guilty , you are to declare it , if guilty , then you are to give in evidence against him . m. n. m. iudge bacon . you observe by the record that hath been read to you , that the prisoner at the barre stands indicted of severall treasons , wherein it is found , that connor macguire , &c. as before in the indictment . now gentlemen , you of the jury , if it shall be proved to you , that the prisoner at the barre is guilty of all , or any of these treasons , then you are to give your evidence . then these witnesses following were sworne to give in evidence against the prisoner . the lord blancy , lady calfield . sir arthur loftus . sir iohn temple . sir vvilliam stewart . sir francis hamilton . sir edward borla●…y . sir vvilliam cole . sir charles coot . mrs. vvordrofe . iohn carmicks . vvalter gubson . m. bunbury . captain michael balfoure . captain berissord . sir vvilliam coles testimonie . s. vv. you know ( sir vvilliam cole ) a great many of their names which you have heard that were conspirators with this lord , what religion were they of ? sir vv. cole . they were all papists . s. vv. who were they ? sir vv. cole . the l. macguire , sir philom oneale , roger moore , &c. s. vv. sir francis hamilton , upon what occasion was it , that the conspirators got an order to view the magazine ? sir f. hamilton . i was a member of the house of commons there , and i remember very well , there came a message from the house of lords to the house of commons , to let them know , that there was some plot for the blowing up of the parliament house in ireland , and they sent a message , to desire that they might search under the parl●…ament house , and there was a search made , and ( as i remember ) the lord macguire was one of the commi●…tee from the house of lords made search there , but what they found , i do not know . afterwards they desired ●…hat they might search the castle of dublin , and other magazines . c. what was the cause ? sir f. hamilton . there was a coac●…man of m●… lord of straffords that had uttered so●…e big words , ( as was given out ) that the parliament house ●…uld be blowne ●…p , but what was the ground , i am persw●…ded in my conscience , it was to know where the store and ammunition lay , that they might know where to surprize it . sir william stewards testimony . i was one of the committee that was sent by the pa●…liament , and by order from the house of lords , to search the p●…rliament house , and the lord m●…guire was one of the l●…ds , they made a very strict search , and then they inquired for the kings magazine , and i believe my lord mac●…uire now here was one of the committee that went to search for the house of lords , and he did search very nar●…wly , and they were desirous to know where the store was . the lord blaneys testimony . c. whether this search were moved by the lord ●…ghall and what was the end of it ? l. blaney . so neer as i can , i will give you the businesse , it is so long agoe : this i remember , that there was one of the lords house , whethe●… it were my lord finghall , or my l. macary , moved it , i cannot certainly despose , but i am sure it was one of them : the occasion was , one of the earl of straffords coachmen said , he hoped to see some of the lords blowne up for it , it was about a fortnight after the earle of strafford was behead●…d here . thereupon they got an order for it , and so they went downe , and they did not finde the powder , but they made as narrow a search as ever any was ; i asked what the meaning was of this , for we had strange censures of it our selves , saies of them , the l. clamorris , they are affraid of a powder-plot of the protestants : i answered , that i had heard a powder-plot of the papists , but never of the protestants in my life ; but if you aske the reason of it , it was to assure themselves of the strength , for we found by wofull experience afterwards , it was their end . my lord borlace said , let them not be affraid , for upon my honour there is no powder below . it 's a great house , the house of commons sit on one side , and the lords on the other , and the blockhouse in the middle . c. what religion is my lord fingshall , and my lord clamorris , of ? l. b. the l. fingshall is a papist , and clamorris a pestiferous papist ! s. vv. all papists we shall now read the examination of the manner of his taking , and then his own examination . the first we shall read is this , of m. vvoodcock , that was sheriffe of dublin he was in town , but he could not stay , but he was examined before this court . the information of john woodcock the 27. of october , 1644. taken upon oath before j. bacon . the said examinat●… deposeth and ●…aith , that he being one of the sheriffs of the said citie of dublin , in the year 1641. having notice given him in the night , upon the 22. of october in the same year , of some great designe intended , did by vertue of his off●…ce walke up and down the city that night , and coming to the house of one nevill , a chyrugion in castle-street , he understood by the ●…id nevill , that the lord macguire with some 10. or 12. others were there , this examinate told him , it was fit for his guests to be in bed at that time of night , but the said nevill did bring this examinate word , that the lord macguire and his companie , we●…e then going to bed , the said examinate departed , setting a watch near his house , by which watch he was informed , that the said lord macguire and the rest were gone from the house , and w●…re at the house of one kerne a taylor , whereupon he searched the said house , and there found some hatchets with the helves newly cut of ●…ose to the hatchets , five p●…tronells , five or six swords , three or foure small pistolls , five or six s●●ines , with other armes of the l. macguires in an house of office in the said house , in another place divers pol●…axes , and also behinde a henroost some great weapons with sharpe pikes of iron in one end of them , the said kerne affirming that he knew nothing of any of the particulars before mentioned , nor how they came in his house . the said examinate ●…dall the said instruments unto the said lords justices , and 〈◊〉 of ireland , and thereupo●… the said lords justice●… , and 〈◊〉 〈◊〉 search to be made for the said lord macguire , 〈◊〉 〈◊〉 the 〈◊〉 examin●…te searching narrowly for him , at l●…st 〈◊〉 〈◊〉 , in a 〈◊〉 with a cloake wrapt ob●…ut him , stand●…g by a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon him , there being no key to be found , us al●… the 〈◊〉 of the house flying away , and making an escape to 〈◊〉 enem●… . after this the lord macguires owne examination was read , taken the 26. of march , 1642. ( for as sir john temple declared to the court , that the lord macguire was then brought to the counsell-board and they could get nothing out of him ) whereupon he was sent back to prison for that time . the examination of connor lord macguire baron of eniskillin , taken before us , charles lord lambert , and sir robert meredith knight , chancellour of his majesties court of exchequer the 26. day of march , 1642. by direction of the right honour able the lords iustices and counsell . who being examined saith , that about the time when m. john bellew came out of england with the commission for the continuance of the present parliament , roger moore in the said moors chamber in the house of one peter de costres of this citie acquainted him this examinate , that if the irish would rise they might make their own condition for the regaining of their own lands , and freedom of their religion , at which time the said moore also acquainted him this examinate , that he had spoken with sundry of leinster , who would be ready for that purpose , and withall told him this exa●…inate , that he was assured a good part of conaght would doe the like , and thereupon moved this examinate to joyne likewise with them , with all he could make ; unto which motion he this examinate yeelded : and the next day following there was a meeting in his the said moores chamber aforesaid , where were col. mac-bryan , macm●… , tirel●…gh oneale , philip mac-hugh o rely , this examinate , and roger moore , where discourse was had on that bu●…nesse , yet nothing concluded on , save that roger moore and the rest should go and prepare their parties . and this exa●…inate further saith , that about may last , he this examinate , roger moore , philip o rely , and roger macguire , this examinates brother , dispatched a priest , one t●…le o conl●…y , who lived in leinster , unto owen oneale , into flanders , to acquaint him with the businesse concerning the generall rebellion then in preparation , which said priest returned about a moneth before the time appointed for execution thereof . and the answer which the said priest brought from the said owen oneal was , that he would ( within 15 dayes after the people were up ) be with them with his best assistance and armes ; and it being demanded why the said owen should bring armes , considering that the castle of dublin was to be taken , with the armes therein , this eximinate answered , that they so provided for armes , that they might not want any , in case they could not take the said castle , whereof they doubt●…d . and this examinate acknowledgeth , that the castle of dublin was to have been surprized by himselfe , capt. brian oneale , capt. con oneale , capt. macmahone , one owen o r●…ly , roger moore , hugh macmahone , col. plunket , and capt. ●…ox , and likewise further acknowledgeth , that hugh mac-phelim , captaine con oneale , and b●…an oneale , brought from owen oneale , out of flanders , the very same message which the said priest brought . and this examinate further saith , that he was told by roger moore , that a great man was in the plot , but he might not name him for the present : and at another time , and during the sitting of the parliament the last summer , he this examinate was informed by one iohn barnwell a franciscan frier , then re●…dent in this city , that those of the pale were also privy unto the plot , ( meaning the present rebellion . ) and lastly saith , that of those persons who came to attend him this examinate so●… the surprize of the said castle of dublin , onely cohonogh macguira was privy unto the businesse in hand , and that the last meeting ( when the day appointed for execution thereof was resolved on ) was at logh rosse , where were present onely , ever macmahone , vicar generall of the diocesse of clogher , th●…mas mac-kearnan , a frier of dundalke , sir philom oneale , r●…ger moore , and bryan oneale . charles lambert . robert meredith . concordat cum originali . ex. per p●…l . h●… . this being read , and opened unto the jury , being the l. macguires free and voluntary confession , which he afterwards acknowledged since his coming to the tower , viz. memorandum , that this within written being shewed and read unto the within named lord macguire , and himselfe having perused the same , his lordship did acknowledge the same to be true in all things , saving that he doth not now acknowledge that barnard told him , that those of the pale were privy to the plot , neither doth acknowledge that cohonagh macquire was privy to the plot before his coming to dublin . this examination and acknowledgement was made and taken the 22. day of june , 164●… . anno regni caroli regis decimo octavo , before us . john bramstone . thomas malet . in the presence of john conyers . vvilliam ayloffe . nathanael finch . 24. june 1642. the examination of connor lord macguire , baron of eniskillin , taken before sir john bramstone , knight , lord chiefe justice of the kings-bench . who saith , that he is of the age of ●…6 . yeares and upwards , and that he was borne in the county of fermanagh in ireland , and saith , that his examination taken at dublin the 26. day of march , 1642 before charles lord lambert , and sir robert meredith , with his acknowledgment thereof , the 22. of june before judge bramstone , and justice mallet , is true , in such manner as in the said examination and acknowledgement is expressed . connor macguire . the examination of cornelius macguire , lord baron of eniskillin in ireland , taken before isaac pennington , esquire , lievtenant of the tower of london , and laurence whitaker esquire , 2. of his majesties justices of the peace , for the county of middlesex , the first day of october , 1644. he denieth , the receiving of any letters or messages out of england before the rebellion , nor did he ever heare of any . he saith , he was but a meane instrument in the designe in ireland , he confesseth , he intended to seize upon the castle of dublin , and the magazine there , and keep it till they had redr●…sse of some grievances , which they purposed to propound to the pa●…liament there , one whereof was , to have a tol●…ration of the roman●… catholike religion . hee confesseth that he c●…me accidentally to philip o relyes house , as he came up to dublin , and as he remembreth , m●…mahon was then there , and that his intention of coming up to d●…lin , was to put the aforesaid designe in execution , and that then and there t●…ey had speech about that designe ; but he remembreth not the particulars , which designe was to be put in execution the 23. day of october in that year , and that he was taken there that very day , being saturday upon search made for him , carried before the lords justices , examined , committed , and sent over into england . he saith further , that he made his escape out of the tower of london upon sunday the 18. of august l●…st , about foure of the clock in the morning . laurence whitaker . isaac penningter . iohn carmicks testimony . that upon the 21. of october , 1641. fergus o howen , one of the followers of brian macguire esquire , came to his chamber in the castle of eniskil●…in , and after he indeavoured to bind him to keep secret a matter of great concernment , which fergus said he had to disclose , and particularly to conc●…ale it from sir william cole , and all other englishmen . this examinate told him , he would be secret so farre as it went with his allegiance and conscience . he discovered unto the said examinate , that the l. macguire and hugh oge macmahon accompanied with severall irish-men of the counties of fermanagh and monaghan , did take their journeyes out of the said counties upon the 19. and 20. dayes of october 1641. to the city of dublin , with resolution and intent to murther and kill his highnesse lords justices , and coun●…ll of the kingdome of ireland , and the rest of the protestants there , and also to poss●… t●…emselves of the city of dublin , and to p●…t all the protestants there likewise to the sw●…rd , and that to that effect there wer●…●…ther great m●…n , ●…nd others of the papists of that kingdome to repaire unto , and meet them in du●…lin on saturday 23. octob. 1641. or thereabouts ; and that all the castles , fo●…ts , sea-ports and holds that were in the possession of the protestants in the severall counties and provinces in the kingdome of ireland , were then also designed and resolved to be surprized and taken by the irish papists , and the protestan●…s in every of those castles , forts , sea-ports and holds , to be then also put ●…l to the sword by the irish papists in ireland in their owne severall parts and limits , by men thereunto chiefly and particularly appointed by the contrivers thereof : and that especially the town and castle of eniskillin , with the rest , would be taken , and all the protestants in it put to the sword , and therefore advised the examinate to get himselfe and goods out of towne ; whereat the examinate smiling , fergus bid him not to sleight it , for he could assure those things would come to passe in seven dayes , or els he would be bound to lose his head . whereupon the said fergus o howen departed , and the examinate acquainting sir william cole with it , there came one flartagh mac hugh , a gentleman and freeholder of that county , and affirmes to the same effect to sir william cole , that the plot for the surprizing of the city and castle of dublin , the castle of eniskillin , and all the castles and strengths in ireland , was to be put in full execution by the papists october 22. and 23. 1641. throughout the said kingdome , and that brian mac conaght macguire esquire did send him the said flartagh mac-hugh to give notice and warning thereof to the said sir william cole , whom he earnestly desired to be upon his guard upon friday the 22. and saturday the 23. of october , for the l. macguire was gone with macmahon and others that week with purpose to possesse themselves of the castle and city of dublin , and the l. macguire had written his letters to con obourke , owen o roreicke , martagh oge o fantagen , and others , to go on with that plot in those parts , and had appointed his brother rori macguire ( in his absence ) to command the irish papists of the county of fermanagh , for the surprizing of the castles and houses of the protestants : of all which sir william advertised the lords justices and councell of ireland the same day . and this examinate ●…aith , that captain mac-hugh seven or eight dayes before the rebellion ●…rke forth , declared . that the l. macguire posted letters , and r●…de ●…p and downe to divers gentlemen , and others of that county to be very active in the businesse . that it was averred upon the oaths of flart●… mac hugh , john oge mac hugh , a●…d terlagh oge mac hugh , before the said sir william cole , that 150 men were appointed to surp . z the castle of enis●…n , under t●… leading of d●… m●…cguire , 〈◊〉 r●… m●…uire , who were to murther the said sir william cole , and his wi●… , children , and servants , and throw them over the wall into the river , and then to do the like unto the protestants in the towne and corporation of eniskillin , for which service they were not on●…ly to have the spoile and riches of the said castle and town , but to have also the barony of clanawley gr●…ted and confirmed in fee to th●…m and their h●…ires , from the said lord macguire and his heires . the examinate th●…n also produced a letter written in irish from the l. macguire , to his cosin brian macguire , wherein taking notice that he was abundantly inclined to the english , which did very much trouble him , and therefore desired him to banish such thoughts out of his minde , and not to pursue those resolutions which in the end might be his own destruction , as he thought it would be to all those that did not appeare . presently after , upon the 29. of october , one captain rori ma●…guire took upon him the mannaging of all businesses in his absence , he fortifies first the castle-hasen , the house wherein he dwelt himselfe , he took in the castle of one edward aldrith esquire , he put out all the english there , he went to the town , burnt that , but kild none of the men ; went thence to another place , and hanged one ●…leazar m. one that was clarke of the peace of the county , and from thence he went to newton , foure miles off from it , tooke in the towne , stript and disarmed all the protestants that were in the church , the next day after marcht away , and kil'd and destroyed most of the english in those parts , murdered arthur champion esquire , and many more : 22. castles were seized upon , and the church of monah , with 18. protestants burnt in it : 764. protestants were destroyed in that county ; and i did heare there was about 152000. that they had destroyed in that province of vlster , in the first foure moneths of the rebellion . john carmi●… . then sir william cole ( being present in court ) g●…ve in his evidence , much to the same eff●…ct as in carmi●… testimony . s w. we desire to shorten , we have a great many witnesses ; we shall goe upon these particulars . 1. captaine oneales landing in ireland , and what he brought with him . 2. guilo and croc●… . lastly , how long besieged , and how many murthered ? then sir william steward gave in testimony to this effect : that con owen oncale landed in july the same yeare the rebellion began , brought many commanders , much armes and ammunition ; many of his commanders , nine of the chiefe of them , were taken prisoners at one battell . s. w. it is his own conf●…ssion , that he sent a priest over to s●…ch armes to come into ireland . then the lady cal●…ld was desired to declare her knowledge c●…ncerning the taking of 〈◊〉 castle . lady calfield . the 23. of octob. 1641. sir philom oneale and others came into the castle , they seized upon all , murthered his servants ; and those that were alive , they bound them , and put them in prison : and at that time sir pbilom oneale himselfe , and other of his companions told her , that dublin castle and city , and most other forts of ireland , were surprized by their confederates the papists : 〈◊〉 that he was sorrie for his cosin the lord macguire , and that he was afraid he was taken . s. w. what was done with my lord calfield ? la. calfield . he was murthered : he beg'd for his life , and they durst not but doe it . s. w. when sir philom oneale had taken my lord calfield , then they got this lady to write to the lords justices , that my l. macguire might be exchanged for her sonne , but that would not be : and thereupon they murdered my lord calfield , francis davis , and others . mrs. mary wordrofes testimony . that he came on friday night about 10. or 11. a clock , to breake into the castle ; i hearing the noise , asked what was the matter : i went to call up some of our gentlemen : when i came in againe , they had taken some of our gentlemen , and bound them . she also testified the murdering of the lord calfield , francis davis , and others ; and the former words concerning the lord macguire . s. w. these two witnesses prove ●…at of 〈◊〉 , 〈◊〉 〈◊〉 the rebells owned the l. macguire , as to endeavour his 〈◊〉 . we shall now come to the other castles , how long they 〈◊〉 them , and who was murther●… ? walter gu●… testimony they besieged it a qua●… of a year b●…ore th●… 〈◊〉 the chief conspirat●…rs , and powell , and 〈◊〉 , 〈◊〉 〈◊〉 force in an hostile manner . sir francis hamiltons testimonie . philip o r●…ly came to the castle to guilo and crogan c●…s , and they lay before it a q●…arter of a y●…er , with 2000. or 3000 〈◊〉 , somtimes 1500. but rever●… . sir charles cootes testimony concerning the gen●…rality of 〈◊〉 rebellion . sir philom o neale and r●…ger moore were the actors in the ma●…sacres , and by publike directions of some in place , and of the titulary bishops , for the sending of an exict account of what 〈◊〉 were murthered throughout all vlster , a fou●…th part of the kin●…dom of ireland , to the parish priests in every parish , and they sent in a particular account of it , and the account was , an hundred four●… thousand seven hundred , in one province , in the first three moneths of the rebellion . s. w. what say you concerning the generall counseil , and the popes bull ? s. c. coote . the supreame counsell they tooke up a new form●… of government upon them of their owne , and by this authority i●… was granted to the lady 〈◊〉 , that she should have the rent , of such lands in recompence of the losse that he was at in their causes they have made severall judges of their own courts : they print , they coyn , they do all in their own names . the copie of the popes bull . ad futuram rei memoriam . urbanus octavus , &c. having taken in●…o our serious consideration the great zeale of the 〈◊〉 , towards the propagating of the catholike faith , and the pieti●… of the catholike warriors in the severall armies of that kingdome ( which was for that singular fervency in the true worship of god , and notable care had formerly in the like case by the inhabit●●ts thereof , for the maintenance and pr●…servation of the same orthodox ●●ath , called of old the land of saints ) and having got certain notice , how in imitation of their godly and worthy ancestors , they endeavour by force of armes to deliver their thralled nation from the oppressions , and grievous injuries of the heretickes , wherewith this long time it hath been afflicted , and heavily burthened , and gallantly do in them what lyeth to extirpate and totally root out those workers of iniquity , who in the kingdome of ireland had infected , and alwaies striving to infect the masse of catholike puritie with the pesteriferous leaven of their hereticall contagion ; we therefore , being willing to cherish them with the gifts of those spiri●…uall graces , whereof by god we are ordained the only dispos●…rs on earth , by the mercy of the same almighty god , trusting in the authority of the blessed apostles peter and paul , and by vertue of that power of binding , and loosing of souls , which god was pleased ( without our deserving ) to conferre upon us . to all and every one of the faithfull christians in the foresaid kingdom of ireland now , and for the time militating against the hereticks , and other enemies of the cat●…olike faith , they being truly and sincerely penitent , after confession , and the spirituall refreshing of themselves with the sacred communion of the body and blood of christ , doe grant a full and plen●…ry indulgence , and absolute remission for all their sinnes , and such as in the holy time of j●…bilee , is usuall to be granted to those that devoutly visit a certain number of priviledged churches , within and without the walls of our city of rome , by the tenor of which present letters for once only and no more , we freely bestow the favour of this absolution , upon all and every one of them , and withall desiring heartily all the faithfull in christ now in armes as aforesaid , to be partakers of this most precious treasure . to all and every one of these foresaid faithfull christians , we grant licence , and give power to choose into , themselves for this effect any fit confessor , whether a secular priest , or a regular of ●…me order , as likewise any other selected person approved of b●… the ordinary of the place , who after a diligent hearing of their co●…sions shall have power to liberate and absolve them from exc●…mmunication , suspension , and all other ecclesiasticall sentences 〈◊〉 censures by whomsoever or for what cause soever pronounced , 〈◊〉 inflicted upon them : as also from all sinnes , trespasses , transgressions , crimes , and delinquencies how haynous and atrocious soever they be , not omitting those very enormities in the most peculiar cases which by any whatsoever former constitutions of ours , or of our predecessor popes ( then which we will have these to be no lesse valued in every point ) were designed to be reserved to the ordinary , or to the apostolick sea , from all which the confessor shall hereby have power granted him to absolve the foresaid catholikes at the barre of conscience , and in that sence only . and furthermore wee give them power to exchange what vow or vows soever they were formerly astricted to ( those of religion and chastity excepted ) into any other pious and good work or works : imposed or to be imposed on them and every one of them to performe in all the foresaid cases by a wholesome penance according to the minde and will of the confessor . therefore by the tenour of these present letters , and by the vertue of that holy strict obedience , wherein all christians are bound unto vs , we charge and command all and every one of the reverend brethren , archbishops , bishops , and other ecclesiasticall prelates , and whatsoever ordinari●…s of places now residing in ireland , together with all vicars , substitues and officialls under them , or these failing , we command all such to whom in these places the care of souls is incumbent , that as soon as they shall have received the copi●…s of these our letters , they shall forth with without any stop or d●…lay publish them , and cause them to be published thoroughout all their churches , di●…cesses , provinces , countries , cities , townes , lands , villages , and places whatsoever . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by these pr●…ent letters , where any publike or secret irregularity is made knowne , or any defection , apostasie , incapacity or inhability in any manner of way contracted , to dispence therewith , or grant to any other any power or faculty of dispensation , rehabilitation or restoring the dal nquent to his former condition , though but at the barre of consc●…nce : neither can nor should these our present letters availe or be stedable to those , who by us and the apostolick sea , or by any prelate or ecclesiastick judge have been excommunicated , suspended , interdicted , or declared , and publikely denounced to have justly incurred the sentences and censures of the church , till first they have satisfied and agreed with the parties therein concerned , not withstanding all other constitutions and apostolicall ordinations , whereby neverthelesse the faculty of absolution in these as well as other expressed cases is so reserved to his holiness●… the pope for the time being , that no kind of jubilee nor power of granting such indulgences can in any sort 〈◊〉 , unlesse expresse mention be made of the fault or faults in particular , and the whole tenour of them fully deduced by an individuall relation from word to word , and not by generall clauses importing the same thing : this or some other exquisite form of the like nature being : carefully observed , we in that case especially , expressely , and namely by the effect of these presents do totally abolish and remit them all and every one of them their offences , not withstanding any thing to the contrary . now that these principall letters of ours , which cannot be conveniently brought to every place , may the sooner come to the notice of all , our will and pleasure is , that any whatsoever copies or transumpts whether written or printed , that are subscribed with the hand of a publike notary , and which have the seale of some eminent person in ecclesiasticall dignity affixed thereunto , be of the same force , power , and authority , and have the like credit in every respect given unto them , as would be to these our principall letters ●…f they were shewen and exhibited . dated at rome in the vatican or s. peters palace the 25. of may 643 . and in the twentieth year of our pontificat . m. a. maraldus . s. w. we have troubled you with a long relation of the actions of the confederates with the l. macguire , though not done in his own person , and his own perticular act ; but for this that was done by the generality , i heard my lord say at the bar , what 's that to me ? yes my lord : this is to you , you were one of the conspirators in the first plot , and you contrived the businesse . and that had been treason alone , to send the priest to fetch owen oneal into ireland , with armes and souldiers , but you contrived this , and conspired it , and you are as guilty in law in all these cruell murthers , and burnings in every place : for the law of england is , in treason you are all principles , no accessaries ; your son was there , your lady is rtewarded : for the supream councell they have taken care of you : why ! because you were one of the first complotters of it , and this will light upon you and fall very heavie : and for your exchange it was propounded for the l. calfield , but when they could not have that greed upon , then what becomes of the poor lord calfield ? murthered too : and you see what incouragement you have from the complotters , and from the divell too , for they were both together in it . and now you have seen the indictment fully made good . then the lord macguire proceeded to make his defence , wherein he first of all denied his examination ( although testified as before by so many credible witnesses ) and said that he knew no such examination . that at the time of his apprehension at dublin , he came about his own particular occasions , as his estate was in danger if he did no●… follow it : that because he was found about the city , he was therefore apprehended ; that his lodging was not within the city , but he lodged without the city ; that he did lodge at mr. nevils house formerly , but not at this time : that for some of the places mentioned , where he should be about the conspiracy , he had not been there a year before , he was certain of it . for the number of protestants that were mentioned to be slain , he said he did not think there were so many protestants in the whole kingdome . that he was continually either at his owne house , or at dublin , and knew nothing of the plot but by hear-say . iudg. you confesse in your examination , when the day was for th●… rising , that you were in the conspiracy , and appointed for the taking of dublin castle ; and that you were taken when you came about it . also you rode about it , and provided armes . macg. i was in the house in the cock-loft where i was taken , i did not know where any army was ! 〈◊〉 . w. my lord macguire does forget himself what he acknowledges under his own hand . then the examination being shewed him he said ; there 's my n●…me but not my hand . iudg. i am sorry to hear it , i did rather expect , that you should have acknowledged it ; here are two able witnesses that can testifie it against you , your denying your own hand , which is so manifestly proved , will be a great discredit to what you say ; you acknowledged it at two severall times . macg. what did i acknowledge ? iudg. you say that you came to dublin to settle your estate : by your own examination you acknowledge , that the castle of dublin was to be surprised by your self . jud. it is now time we should draw to the jury : you hear my lord bramston and my brother finc●… here justifie it to you . then the l. macguires examination was shewed to my l. bla●… , b●…g present in court , demanding whether he thought it to be macguires hand or no ? l. blaney . it is my lords own hand , he hath written to me many letters . macg. i don't think i have written many letters to your lordship . judg. gentlemen of the jury you may go to the businesse ; if there were nothing but that you see in this case but what is in the examination if you do beleeve to be his : his confession does acknowledge it : you hear this by the testimony of my lord bramston , and my brother 〈◊〉 , expresly that were present when he did acknowledge it and set his hand to it , and yet you see though it is here proved by my lord 〈◊〉 he denies it , if you finde this to be true here is treason enough , and too much too . for he does here confesse ; that roger moore did acquaint him ; that if the irish did rise , they might make their own conditions for regaining their lands ; and he acquainted him , that he had spoken with sundry in leinster , that would be ready for that purpose and that a great part of conaught would do the like ; and then moved hi●… ( his lord ) the prisoner at the barre , to joyn likewise with him , which he did , so then was the plot . the next day they met , he 〈◊〉 to 〈◊〉 chamber again , where col. mac brian , 〈◊〉 , and others , h●…d discourse again about it , then he sayes ; that they did s●…nd over ●…o owe●… o nea●… , to acquaint him concerning the generall rebellion in ireland , then in preparation . he confeffes expresly ; that being demanded why the said owen should bring over armes , seeing the castle of dublin was to be surprised , answered ; that they so provided armes , that they might not want any thing , if they should not take it , whereof they doubted . and then you have him acknowledgeing , that the castle of dublin was to be surprised by himself , and captain brian o neal , and others ; these words shew here expresly , that the day whereon the execution was appointed , by the lord maguire own confession , he was come to dublin for the surprise of the castle . so that it is apparent , that he was about this plot expresly . if this be true ; that you did conspire to make warre or rebellion within that kingdome , though you were taken your self before it was executed , yet it was your own conspiracie : and besides , endeavouring after 〈◊〉 to bring it to perfection , by ●…ending over for armes . all these does discover your own intention to execute it . macg. i confesse it not , i referre my self to the jury . iudg. gentlemen you are to know , that to conspire to raise a warre , if any of that conspiracy do act it , as you see here sir philome o n●…le did , if you observe the testimonie of my la. c●…field , he came and surprised the castle of charlemont , and then it was given out , that my lord maguire had taken dublin , so that though it did not take effect , that which is done by any is testimonie enough . goe together and consider of it . upon this the jury went together , and staying a short space , returnea their verdict , which was ; that they found him guilty of all the treas●…ns according to the indictment . c. conner maguire , alias cornelius maguire ; thou hast been indicted of severall high treasons , and thou hast been arraigned ; upon the arraignment , thou hast pleaded not guilty , and for thy traill hast put thy self upon thy countrey , which countrey have found thee guilty , according to the indictment , therefore prepare thy sel●… to receive the sentence . magu . i desire to know by what law ? iudge . the law is well enough knowne ; that is , a treason is within the satute without doubt . magu . i was not tried by my peeres . iudge . this is a generall exception , formerly annexed in your plea , if you can shew some particular cause also , you shall be heard . magu . i desire counsell to advise me . iudge . when you did put in a plea therein , you had councel to advise you in your plea and to argue it ; now your time is past for counsell , you must have none assigned to picke holes in the inditement . magu . i desire the court would consider of it before they proceed to sentence . iudge . you offer nothing to the court that is of any difficultie , you had counsell whether you should be tried by your peers or the jury here , which jury are to try any man under a nobleman in this kingdome . magu . i desire to know under what seal you thus proceed against me , for i thinke you sit here by the new seal . iudge . what seal do you mean , i sit here by vertue of the olde by order of parliament . mag. vnder favour i conceive , that the ordinance of parliament for the new seal , makes all done by the old seal to be voide . iudge . here is nothing done but by good authority , and the parliaments approbation . mag. i conceive the ordinance for the new seal cuts off all proceeedings of the olde . iudge . my authority is not cut off , i was made by the olde seale before there was any new seale , and so i am continued by the parliament , and the parliament did take notice that i have been allowed to sit . besides this , there is nothing done in this court by the new seale , the sheriffs are here by a charter , and that comes in from yeer to yeer and there is no seale in order of execution . iudge . well if you have nothing to say for your selfe , i am to pronounce sentence as i am a minister of iustice : you have been indited here for severall treasons contained in your inditement as was here of late read unto you , and you have had a fair proceeding & very deliberately : for your inditement came in about alhallowmas last , three weekes or a moneth before the end of the last terme , three weeks at least ; you then made a question whether you ought to be tried by your peers in ireland , or a jury here , the court did so far deliberate in it as to allow you counsell to plead with the best advantage you could . and afterwards this terme , there hath been two arguments at the barre on each side , where hath been said as much for you as can be . the court ouer ruled that , and so you are tried by a jury , and you had the liberty to challenge them , and had all the advantages that the law will afford and take all the excep●…s you could . truely for my part , i see , that there is not any one of them for me to sway the judgement : t●…e treason and the offences that you are charged withall are very hai●…ous , your crimes very impio●… , great destruction hath followed upon your plot which the jury have found you guilty of ? what a mighty cruel war and great devastation in that kingdome , most horrid to speak or rehearse : it is sitter for you now to be thinke your selfe , what your offences are , and prepare your selfe for death rather then seek to mask or put colours upon those things which are so manifestly proved to all the world : and now you are found guilty , and therefore there is no contradiction or gainsaying will avail you , you ought to repent and pray to god to forgive that offence wheof you are guilty . the judgement that i am by the law to pronounce against you is this : connor maguire esquire , you being found guilty of the treasons whereof you are indicted , your judgement is ; that you shall bee carried from hence to the place from whence you came , that is the tower , and from thence to tiburne the place of execution , and there you shall be hanged by the neck , and cut downe alive , your bowels taken out and burnt before your face , your head to be cut off , your body to be divided into four quarters , and the head of your body to be set up and disposed of as the state shal appoint . and the lord have mercy upon your soule . after judgment pronounced , the kings councell demanded of him , whether he would have any ministers come to him , to prepare him for his end , and to advise him for the good of his soul ? macg. i desire none of them ; but i desire i may be sent prisoner to newgate . counc . his reason is , because there are some popish priests there . iudg. that cannot be ; your judgement is to return to the tower , where you may have ministers ( if you please ) to return to advise you for your soul . macg. i desire you that some gentlemen of my own religion may have accesse to me to conferre with me , and some who are my fellow prisoners in the tower , to speak with me in my keepers presence . iudg. you must name some body in perticular . macg. i desire to conferre with mr. walter mountague : ( belike he knew him to be a popish priest or jesuite . ) iudg. you must prepare your selfe to die against saturday next . macg. i desire a fortnights time to prepare my self . j●…g . that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 macg. i desire you , tha●… i may h●… three dayes notice at least , to prepar●… my self . judg. you shall have three dayes warning , but however delay no time to prepare your s●…f . macg. i desire my execution may be altered , and not according to the judgement ; and that i may ●…ot be hanged and quartered . judg. this li●…s not in my power to grant ; but here are some members of the house of commons in court , and you were best addresse your self to them , that they may acquaint the house with your desires . macg. i shall desire the gentlemen of the house of commons , so many as are here , to move the house in my behalf , that i may have a ●…ortnights time to prepare my self , and that the manner of my execution ●…y be changed . s●…r 〈◊〉 clot●… . my lord , i have been your schoole-fellow 〈◊〉 , and have sound some ingenuity in you , and i have se●…n some l●…tters of yours imp●…rting some remorse of conscience in you for this ●…ct , and i should be glad to discern the like ingenuity in you ●…till ; and shall move the hous●… , that you may have some ministers appointed to come to you : and likewise acquaint them with your other desir●…s . then the prisoner d●…rting from the barre , mr. prynne advising him to conferre with some godly ministers , for the good and comfort of his soul ; he answered , that he would have none at all , unlesse he might ●…ave some romish pri●…sts of his own religion . to which mr. pr●… 〈◊〉 ; my lord , these romish priests are the chief instruments , who have advised you to plot and perpetrate those 〈◊〉 tr●…asons for which you are now condemned , and have brought upon you that shamefull judgement of a traitor ; the execution whereof you even now so earnestly deprecat●…d . since then they have proved such evill destructive counsellors , to you in your life , you have great reason to disclaim them with their bloody religion , and to s●…k out better advisers for you at your death , lest you eternally lose your soul , as well as your life ; for the bloud of those many thousand ●…nnocents which have been shed by your meanes . to which he pawsing a little , answered : that he was resolved in his way . whereupon another lawyer said ; my lord , you were best to hear both sides . to which he answered , in an obstinate manner ; i am setled on one side ●…ready , and therefore i desire not to con●…rre with any of the other : and so departed through the hall towards the tower , the people cro●…ding and running about to behold his person . after the sentence pronounced against the lord macguire as before said , he petition●…d the parliament ; as followeth . to the right honourable the commons now assembled in parliament . the humble petition , of the lord macguire . humbly sheweth ; that your petitioner stands cond●…d 〈◊〉 〈◊〉 life , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 drawn , hanged , and quartere●… : the performa●…ce 〈◊〉 ( he 〈◊〉 conceives , in some 〈◊〉 favourable 〈◊〉 ) will be 〈◊〉 to iustice . and for as much as your pet●…r h●…th hitherto en●…oyed the degree and dignity of a lord , which h●… humbly conceives your lordships are well ●…quainted with ; in tender consideration whereof , he desireth that your honours would graciously be pleased , in mercy to mitigate the rigo●…r of his sentence , and turne it to that degree which most befits the 〈◊〉 〈◊〉 hath : and as he hath been looked on by the eye o●…●…ustice in ●…is condem●…tion , so t●… in this p●…cular he may be 〈◊〉 , an●… have mercy . and he shall ever pray , &c. cornelius maguire . this petition was rejected by the parliament , and the lord macguire hanged , d●…awn , and quartered , at tyburn , on thursday feb. 20. according to the sentence of the court . sir philim roe o neille his pattent to bryan maguire es : to b●… governour of the county of ferman●…gh , dated 10th . may 1642. forasmuch as for the great trust , confidence , fidelity , & circumspective , conscionable , righteous care and diligence we repose in our trustie and welbeloved friend and cozen bryan mae cochonaght maguier , of clanawly in the county of fermannagh es. have by these presents constituted , nominated , ordained , and appointed , like as by these our letters pattents do constitute , nominate , ordaine , and appoint him the said bryan , mac cochonagh maguyre , to be our governour , in and throughout the whole county of fermannagh aforesaid , hereby granting and giving him full power and authoritie to execute fulfill perform and do , all such act and acts , thing and things whatsoever to the place , and office of governour any wayes appertaining , aswell for the common good , as for the upholding and maintaining of his majesties●… rerogative , his crown and dignitie , and the upholding and maintaining of the ancient holy catholike romane religion , hereby also ratifying , allowing and confirming all such act , and acts , thing , and things , whatsoever by our said governour done and performed , according to the true purport meaning and intent of these our letters pattents during our pleasure , in as ample and large manner as if we had doe the same in our own proper person ; given under our hand and seal this eleventh day of may anno. dom. 1642. for bryan mac cochonaght maguire , governour of fermannagh these . phe. o neill . cop : vera . william cole . finis . notes, typically marginal, from the original text notes for div a56231e-310 〈◊〉 the arraignment, conviction and condemnation of the westminsterian-juncto's engagement with a cautionarie exhortation to all honest english spirits to avoid the danger of perjurie by taking of it. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56129 of text r22420 in the english short title catalog (wing p3896). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 37 kb of xml-encoded text transcribed from 9 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56129 wing p3896 estc r22420 12363432 ocm 12363432 60334 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56129) transcribed from: (early english books online ; image set 60334) images scanned from microfilm: (early english books, 1641-1700 ; 222:13) the arraignment, conviction and condemnation of the westminsterian-juncto's engagement with a cautionarie exhortation to all honest english spirits to avoid the danger of perjurie by taking of it. prynne, william, 1600-1669. [2], 16 p. s.n.], [london : 1649. attributed to william prynne. cf. nuc pre-1956 imprints. place of publication from wing. reproduction of original in harvard university libraries. marginal notes. eng oaths -great britain. great britain -history -civil war, 1642-1649. a56129 r22420 (wing p3896). civilwar no the arraignment, conviction and condemnation of the westminsterian-juncto's engagement· with a cautionarie exhortation to all honest english prynne, william 1650 6252 124 0 0 0 0 0 198 f the rate of 198 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2002-10 tcp assigned for keying and markup 2002-11 spi global keyed and coded from proquest page images 2002-12 olivia bottum sampled and proofread 2002-12 olivia bottum text and markup reviewed and edited 2003-02 pfs batch review (qc) and xml conversion the arraignment , conviction and condemnation of the westminsterian-juncto's engagement . with a cautionarie exhortation to all honest english spirits , to avoid the danger of perjurie by taking of it . proverbs . 24.21.22 . my sonne , feare thou the lord , and the king : and meddle not with them that are given to change . for their calamity shall rise suddenly , and who knoweth the ruine of them both ? printed in the yeere 1649. summary reasons against the new oath and engagement . yov shall sweare , [ or ] i declare and promise , that i will bee true and faithfull to the common-wealth of england , as the same is now established without king or house of lords . first , this oath and engagement is imposed by those who , by the lawes of god and the realme , had never any power ( admit them a full and free house of commons , under no force , as they are not ) to administer , much lesse to make or impose any oath in any case . cookes 3. institut . p. 165. and lesse authority then the bishops and clergy in convocation , who made the &c oath , not so bad as this ; adjudged high-treason in canterburies case , for which hee lost his head : canterburies doome p. 26.40 . though not so bad as this . secondly , it is contrary to all the antient oathes of our judges , justices of peace , mayors , sheriffs , recorders , clearkes of chancery and other courts of justice : to the oathes of fealty and homage , made by all the kings tenants : the antient and late oathes of supremacy and allegiance ; the vow and protestation ; the solemne league and covenant , and engagement of the whole kingdome to the king , his heires successours , and posteritie for ever , to defend their undoubted right to the crowne with the last drop of their blood● , conteined in the statutes of 1. iacobi cap. 1.2 . and involves the makers and takers thereof , in manifold execrable perjuries ; to the scandall of our religion , nation , dishonour and high displeasure of god , and just-damnation of their soules . thirdly , it is a new gunpowder-treason , blowing up the king and his posteritie , monarchy , the house of lords , the constitution and priviledges of our english parliaments , our ancient fundamentall government , lawes , liberties , and our three kingdomes at one crack ; the very same and farre worse then that of the iesuites and papists , condemned by the statutes of 3. iacobi cap. 1.2.4 . executing farre more then what they intended , and quite deleting the infamy and memory of that , and all future celebration of that joyfull day of november 5. never to bee forgotten . fourthly , it disseiseth , disinheriteth , fore-judgeth the king of his [b] rightfull crowne and revenues , the house of lords of their peerage , priviledges , and [c] the undoubted rights our english parliament and kingdom of their very liberties and beings ; un-kinging , un-lording , un-parliamenting , un-kingdoming them all at once , without once summoning and bringing them to answer by any legall processe , to heare what they can say for themselves , and without any lawfull iudgement of their peers according to the lawe of the land , contrary to the expresse letter of magna charta 5. e. 3. c. 9.25 . e , 3. c. 4.28 . e. 3. c. 3.37 , e. 3. c. 18.42 . e. 3. c. 3. and the petition of right ; yea [d] debarres those ministers , officers , lawyers , students , from their augmentations , callings , offices , preferments and degrees , who refuse or neglect to subscribe it ; contrary to all these statutes and the lawe of the land , without any hearing or tryall ; the extremitie of tyranny and injustice ; transcending that of king , prelates , starre-chamber or high-commission . fiftly , it inevitably involves the makers , takers and subscribers thereof in manifold high-treasons against king , kingdome , parliament , for some of which only in a farre lower degree , strafford , canterbury and many others have lost their heads , as you may read in master st. iohn's argument against strafford , and sir edward cookes 3. institutes cap. 1.2 . to the forfeiture of their lives , estates , soules ; yea , infamy and ruine of their ●amilles . sixtly , it enjoynes us to bee true and faithfull to the new common-wealth of england ( the generall councell of officers of the army ; the new created councell of state , and their westminster conclave of journey-men ) as it is now established without king or lords ( without consent of kingdome , peop●e or parliament ) by force of armes , treachery , perjury , that is , to assist and defend them with our lives , councells , estates , and to submit to all their ( illegall ) acts and taxes ( to the losse of lives , liberties , properties against the kings or lords just titles ; and our owne lawes , liberties , byrth-rights ; which to doe , is not only contrary to lawe ● since no homage or fealty is due from any subject , whatsoever , ●o other subject , but to the king alone , and with a saving of that faith which hee owes to our soveraigne lord the king , and that only where there is a legall tenure betweene them , as sir edward cooke resolves , 1. institutes f. 64.65.67.68 . ) but no lesse then high-treason within the statute of 25. e. 3. c. 2. as he resolves in his 3. institut . c. 1 , and therefore unreasonable and treasonable for such as are true and faithfull neither to king , lords , parliament , kingdome or people , to exact or expect from any others . seventhly , it most ingratefully and unworthily obliterates the memoriall of all the good lawes , liberties , franchises , protection , benefits , deliverances wee have received , and the peace , prosperity , freedome and happiness● , wee and our ancestors have enjoyed under the reignes of most generous , valorous , bountifull , pious , religious kings and queenes ( especially our late renowned king , edward the sixt , queene elizabeth , king iames , and a great part of king charles his reigne , which the parliaments in their reigns in [e] sundry acts , our own & forreigne historians and writers have so highly magnified and blessed god for ; and our very last parliament remembred and thankfully acknowledged in some of their [f] remonstrances , of which we need no other testimony but our [g] kings & coronation oath ; in extirpating kings and monarchy for ever after , for some confessed extravagancies and errors of the beheaded king , not halfe so grievous , oppressive , unjust or impious , as those themselves are guilty of , especially in repealing as much as in them lies the oathes of supremacy and allegiance , and the solemne league and covenant ( the principall bullwarks against the pope and papists encroachments ) and imposing this new oath and engagement , against the very letter , scope of these and sundry other just and ancient oathes , and forcing it against mens consciences , to make them willfully perjured [h] and damne their soules . eightly , the maine end of this oath is to extinguish , irradic●te our english monarchy and kingship ; though the [i] go●ernment of god himselfe over the whole world , and of our [k] saviour iesus chnist over his church , who have the titles of [l] king of kings , &c. so frequently given them in scripture , though the [m] first , antientest , universallest , honourablest , ●reeest , [n] best , happiest , saf●st , peaceablest , durablest government of all others in the world ; as the scripture , histories , polititians and divines accord : that government under which all the inhabitants of this isle , since it was first peopled , have ever lived , slourished ; continuing unalterable in all changes and successions of those nations which have invaded , peopled , or conquered it , as best and most agreeable and pleasing to the people : that of which we have so long experience , and enjoyed the happiest , freest , peaceablest and most religious we are ever like to see ; that which is established , ratified with so many sacred oathes , lawes , vowes , acts , records and fences of all sorts , that piety or policy could invent , that impiety , impudence and treachery it selfe might justly feare to invade it ; and honoured with such signall preservations and deliverances , in the persons of que●ne elizabeth and king iames , specified in our annals , and [o] some acts of parliament , as might daunt all traytors from attempting its subversion ; and all to introduce a lowe-country government , under as many kings and tyrants , as there are new lords , officers , souldiers , supported by a numerous standing army , and constant garrisons in all counties ; which must bee maintained at the kingdomes and peoples charge by a perpetuall excise so [p] much declamed against in the king , who did only once secretly attempt , ( but not impose it ) great arbitrary monthly contributions , renued and augmented at our new governours meere pleasures ( who both impose , receive and dispose thereof as they please ) and levy it by meere force of armes ( reputed treason in [q] strafford's case , and a levying warre against the king and kingdome ) and that accompanied with the undoing pest of [r] free quarter , upon every march , or pretence of arreares , or pay : and what happy free new state and government this will prove ( the very best all rationall men must expect , being supportable only by a perpetuall army , garrisons , excise , contributions , &c. as the low-countries are ) to justle out our ancientest monarchy in the world , under which wee were freed from all armies , garrisons , excise , contributions , free-quarter , and feares of forraigne invasions , which now affright us , granting only a subsidy or two in devers yeares , only by acts of parliament , to which all consented ( wherein the commons never presumed to tax the lords and clergy at their pleasure , as they now unjustly doe , without their own free consents ) amounting not to one moneths excise and contribution in many yeares ; let all men judge before they take or subscribe this new oath and engagement to abolish the one which was so easy , and erect the other , which must of necessity prove so grievous . ninthly , it will really verifiy and make good all the late king's * declarations and remonstrances against the proceedings of the late houses of parliament ; wherein hee prophetically and frequently charged them ( or rather a few factious and ambitious discontented spirits , that over-swayed and seduced them , under the specious pretences of religion and liberty ) with a trayterous resolution and designe to alter , destroy , dissolve , shake , and rent in pieces the whole frame and constitution of this kingdome , so admirably framed and continued by the blessing of god and the wisedome of our ancestors to the wonder and envy of all the neigbouring kingdomes . to turne the well founded monarchy into a democarcy : to ruine monarchy it selfe and regall power , never before strucken at . to depose , murther , and desto●y both himselfe and his royall posterity , and dissolve his government and authority . to alter and subvert the ancient frame , constitution , and government of church , state , parliament , and fundamentall lawes , liberties of the kingdome and people . to destroy the house of lords , and the priviledges , rights and freedome of our parliaments : to subject both king and people , lawes and liberties , together with his and his good subjects lives and fortunes , and bring them into perpetuall slavery and bondage to their vast , vnlimited , lawlesse , arbitrary , seditious , iu●isdiction , tyranny , power government , ( which would revive that tragedy mr. hooker relates of the anabaptists in germany ) and to destroy both religion and liberty , king and people ; over which they designed to make themselves perpetuall dictators : and , that their armies were raised purposely to effect all these designes : ( all which wee now finde effected , and fully accomplished by the treachery of the army and those now acting ) the timely prevention whereof , the king and his party professed , was the only end and designe of taking up armes against them , for the preservation of religion , lawes , liberties , monarchy , and prevention of this fore-seene anarchy , tyranny , and confusion , now brought upon us by our new pretended governours ( through perjury , treachery , and violence ) against the votes and remonstrances of both houses , who particularly * renounced and protested against them ; and whereof the westminster conclave in the 16. and 17. pages of their late declaration of september last ( ordered to bee read in churches ) doe sufficiently acquit both houses , and those who adhered to them only out of honest and publique intention , as designes of their owne , not revealed till of late , the timely discovery whereof would have deterred all from attempting or adhering to the chiefe contrivers of them . now our subscription to this new oath and engagement , will post factum , make both our selves , the late houses , and all their adherents apparently guilty of all these trayterous horrid designes ( to which they were no waies privie nor assenting , but ever abjured in their protestation , vow , solemne league and covenant , and abhominated from their soules ) and thereby not only verifie but justifie the declarations and proceedings of the king in every particular , as most just , necessary and honourable for the publique liberty and safety ; but likewise canonize ( as it were ) him with all his slaine and suffering party , as martyrs for the kingdomes and peoples safety , and the publique liberty ; ( for which they lost their lives and estates ; as all prescribers and subscribers of this oath and engagement must now necessarily acknowledge , and all the world will conclude against them ) and brand our selves , our bretheren of scotland and all those who have lost their lives , limbs and estates in opposition or warres against them , with both the late houses , for notorious rebells , traytors , conspirators , murtherers , on whose heads and soules the guilt of all the precious blood shed in our late and present warres , both in england , ireland and scotland , must now bee translated from the king and his party ( on whom wee have formerly charged it ) and justly rest for the future , to their eternall infamy , condemnation , ●uine . which unavoydable consequence of our submission and subscription to this oa●h and engagement , with the horrors of conscience , and divine judgements that must necess●●ily seize upon us , when under the guilt of so much treachery and blood shed , is sufficient of it selfe alone to deterre us from the least assent thereto , and to engage our utmost power against them , without any other arguments ; ●specially i● compared with the loyall and heroicall resolutions and engagements of our ancestors in the parliament at lincolne . an. 28. e. 1. ( recorded in walsingham hist. anglia . p. 49. to 56. cookes 2. instit. p. 97.98 ) 20. h. 3. ch. 9.40 . e. 3. rot . parl. n. 8. cookes 4. instit. p. 13.14 . the notable statute of 16. r. 3. c. 5. of pramunire . 11. h. 7. c. 18.19 . h. 7. c. 1.25 . h. 8. c. 22.35 . h. 8. c. 1.1 . mariae . parl. 2. ch. 1.1 . eliz. c. 1.3.5 . eliz c. 1.23 . eliz. c. 1.2 1. iacobi ch. 1.2.3 . iac. ch. 1.2.4.5 . & 7. iac. ch. 6. which all perjured iudges , sergeants and lawyers ( who have dishonoured their pro●●ssions by their late subscriptions , and exceeded iudge thorpe , tresilian and his companions , and the ship-money judges , in their perjuries and treasons against king , kingdome , lords , people , lawes , liberties , which they have basely and wickedly betrayed , against their science and conscience ) may doe well to chew the cudde upon and on mr. st. iohns speech at the impeachment of the iudges concerning ship-money , and argument at law at straffords attainder ( enough to hang and damne them all twenty times over , with all other imposers and subscribers of this treasonable engagement ) doe well to head other str●ffords whose crimes were not halfe so treasonable and abhominable a● the enforcing or subscribing of this oath and engagement , by the meere pretended authority of those , who never had the least legall power to administer any old lawfull oath , in any case , when a full free and lawfull commons house ; much less● to make and impose a n●w treasonable and illegall oath of allegiance to themselves ( who are oblieged by no such r●ciprocall oath to preserve our l●w●● , liberties and free customes , as o●r kings alwaies were ) upon all the nation , against the l●wes and statutes of the realme , and above thirty legall oathes yet in force , which sundry offic●rs are oblieged to take before they may or ought to execu●e ●heir respective ●ffic●s . tent●ly , the scripture is expresse , that monarchicall government is gods owne speciall ordinance , deut. 17.14 15. and prov. 8.15.16 . rom. 13 1.2 . t●at the enjoymen● 〈◊〉 kings and kingly government is a great honour , happinesse an● benefit to a nation and a specia●● blessing promised and g●ven to them by god himselfe , gen. 17.6.16 . ●er . 17.25 c. 22.4 . 2. chron. 9.8 . ezach . 16.13 . a●d can it then bee a miserie and judgment to us ? that is a most s●vere iudgement of god , and the cause of many miseries , oppressions , disorders and destruction to a nation or kingdome , to bee without a k●ng , by the scriptures and gods owne resolution . iudg. 17 6 c. 18.1 . c. 19.1 . c. 21.25 . hosea 1.4 c. 3.4.5 . c. 10.3 . ier 22.3 . ● 13 hosea 13.11.12 . miob . 4.9.10 . amos 1.13.14.15 . zech. 9.5 . and can it bee then any happiness● and no judgement unto us to bee without ● king ? that kings have beene the greatest reformers and promoters of gods worship and religion and s●ppressors of idolatry under the law ( 〈◊〉 the bookes of kings , chronicles , ezra , e●ter , neh●miah , daniel , the psalmes ▪ prover●s●●stify ) and are specially proph●cied and promised to bee the chiefe patriots , fathers , promot●rs , propagators and reformers of religion , gods church and worship under the gospell , in sundry texts , as psal. 62.29 . ps. 72.10.11 . ps. 112.15 . ps. 138.4.5 . ps. 148.11 . isay 41.2 . c. 45.1.2.5 . c. 49.7.23 . c 52.15 . c. 60.3.10.11 . c. 62 2. rev. 11.15 . c. 21.24 . which h●stories witnesse to bee experimentally verified , and more especialy in our island ( according to that prophecie psal. 72.10 . relating unto islands ) which had the fist christian king [s] lucius , and first most renouned christian emperor , constantine the great , borne and crowned in it ; and many pious , devout and religious princes since , of ancient and later times , by whose bounty , care , zeale ; religion●nd learning were advanced , continued and propagated amongst us , and are now likely to expire with our monarchy , for want of protection , maintenan●e , encouragement , and punishment of atheisme , heresy , blasphemy and prophanenesse , and defra●ding ministers both of their tythes and promised augmentations , eating them out with tax● , & turning them out of their livings and livelihood , by arbitrary committees against law and justice , upon the bare suggestions of every malicious sectary , or tythe-declaiming prosecutor . upon which grou●ds christians under the gospell are in the first place enjoyned to make prayers , intercessions and thanks-givings for kings that under them th●y may live a peaceable life in all godlinesse and honesty : for this is good and acceptabl in the sight of god our saviour ( therefore ●●●bolish kings is sinfull and displeasing in his ●ight , and contr●● to his reavealed will ) 1. tim. 2.1.2 . to submit to kings as unto the supreme , and honour them for the lords sake ; for so it is the will of god . 1. pet. 13.14 15.17 . to bee subject to principalities and powers . tit. 3.1 . rom. 13.1 . which scriptures must bee raised out of the bible as apocr●phall , if wee will extirpate kings and monarchy out of the realme and christian world , ●s some now endeavour : the attempting whereof must needes bee an high affront to christ himselfe , which robs him of one of his most glorious gospell titles , king of kings , and lord of lords . 1. tim. 6 15. rev. 17.14 . c. 19 16. ad to this , that the scripture relates it a great honour and prosperity to a nation to become a kingdom . ezech. 16.13 . and a great judgement , misery , and dishonour to bee un-kingdomed , or made a base , or no kingdome . ier. 16.7 9. c. 22.4 5 6. &c. ezech. 29.14 15. dan. 11 9. hosea 1 4. dan. 2.44 . that the church of christ , the gospell , and heaven it selfe are alwaies and [t] very frequently stiled a kingdom , never a state or republique ( in contradiction to a kingdome ) throughout the old and new testament . that the highest honour christ hath purchased for us with his most precious blood is to make us kings to god his father : to admit us into his kingdome of grace here , and of glory hereafter , where we shall reigne as kings for ever . rev. 1.5.6 . c. 5.10 . lu. 1.13 . 1. thess. 2.12 . 2. tim. 4.18 . and that the kingdomes only ( not states and republ●ques ) of the earth are prophecied and promised to become the kingdoms of the lord , and of his christ . ps. 8.31.32 rev. 1.15 . obad. 21. upon all which consider●t●ons , we can never subscrib● to the extir●●●ion of our kingly government , or translating our a●cientest kingdome into the puniest republique in the world for ●●are wee lose gods protect●on of and interest , reigne , presence by his o●dinances in our kingdome , and be for ever excluded ou● of his kingdomes of grace , glory , and from reigning as kings in eith●r of them , which the prescribers and subscribers of this oath and engagement ( who usurpe upon gods speciall prerogative to dispose of the kingdomes of the earth at his own pleasure . da. 4 3 2.17 . ie. 18 6.7.9 . ) ●gainst so many oaths , covenants , reasons , scriptures , have cause to feare and expect . elev●nthly , 〈◊〉 are perswad●d in our consciences , that the change of our rig●●full king into many new selfe created states , our kingdome into a common-wealth , and ancient parliaments of king , lords and commons into a new representative of commons alone without king or lords , the principall designe of this new oath and engagement , against so many oaths , lawes , and e●gagements of former & later times inviolably to preserve them with our lives , estates , & last drop of our bloods , and that by the far lesser part of the kingdome and house of commons , against the wills and protestations of the major part who are most co●cerned therein , and without hearing their reasons and objections to the contrary , or convincing them of the necessitie or conveniency thereof by a free hearing and debate thereof , in a full and free parliament specially conv●ned for that purpose ; is not only a most u●j●st , illegall and tyrannicall act , contrary to the lawes of god , nature and the realme , a great scandall to our religion , and injury and dishonour to our whol english nation , not to be presidented in any age , especially by so great pretend●rs to publique liberty ; but likewise an undertaking of such dangerous consequence , as none endowed with right reason , the feare of god . or any reall love to their country , durst once for to attempt , as is clear to us by these particulars . 1. it will involve us in perpetuall warres and troubles so long as there are any of the blood royall who have title to the crowne , or any of the nobility endowed with any sparkes of honour left alive ; who will never desist from attempting the recovery of their lost rights and priviledges . 2. it will sever the united kingdoms of scotland and ireland from , and engage them and all the kings forraigne friends and allyes against us ; and necessitate us to mainta●n a perpetuall army and garrisons by land , and navy by sea ; which will undoe us , with contribution , excise , free-quarter ; expose us to perpetuall murthers , robberie , outrages , tumults , opprssions , discontents ; decrease and decay all trading , and end in our absolute slaverie , miserie , ruine . 3. it will nece●ssiate our new governours , after the sale of the kings and deanes and chapters lands , to help ease the people ( for a time only ) and support their army and navy , to seiz● and sell the lands of all corporations , companies , colledges , hospitalls , schooles , and rectories of churches in the kingdome ( a thing already projected by some ) and to find out some device or other to make new delinquents of purpose to sequester and confiscate their estates , till the whole kingdome be sequestred & made malignants to help pay the soldiers : one ●eared designe of this new oath and engagement against those who out of grounds of conscience , law and solid prudence , refuse to subscribe it , 4. it will dissolve all our ancient l●agues with forraigne kingdomes and states , made only with our king and kingdome , and by the law of nations give them advantage and occasion to seize our ships , merchants , merchand●ze without breach of league , in the behalfe of the king and those who stand for the kingdomes continuanc● , with whom only the leagues were made and stand firme against others who oppose them . 5. it will lose our interest , honour and reputation in and withall other kingdomes or states , who will refuse to owne or treat with us a state , thus forcibly and treasonably erected ; o● else treat with us , as the puniest and meanest state in the world , whose agents and publique ministers must give place to those of all kings , princes and other states ●hatsoeve● which are ancient●● then it , ●ver by the [v] law of nations and resolution of all heraulds ; which the generosity of the english nation ( the ancientst and first christian kingdome in the christian world [x] claiming preceedency of all other kingdomes in generall councells add assemblies heretofore ) will hardly brooke . 6. it will null ▪ dissolve and extinguish all the corporations , tenures , ancient customes , rents , services , courts of justice , ancient seal●s , processe , writs , legall proceedings , charters , liberties , customes , forfeitures u●pon penall lawes , titles of honout that are either hereditary or during life , and currant coynes of the kingdome ; which being derived only the kings and ancient parliaments of england for them , their heires and succ●ssors , or reserved to them , their heires and successors , and none others , and be●ring their stamp and image on them ; must all fall , expire and vanish together with them , as the house falls all to pieces when the foundation is subverted ; the r●vers quite fule when the springs from whence they flow , the ●ffects c●ase when the cause is destroyed , and the derivatives expire and vanish quite away when the primitives are abolished : and what confusions and mischiefes will ensue , let the world judge . 7. if wee shall once give way that our kings , kingdome , p●ers , and parliaments ; setled , established , secured and fenced with so long prescriptions , lawes , oathes , covenants , engagements and securities of all sorts that humane wisdome can invent , shall be thus overturned , destroyed , dissipated , annihilated in a moment , at the wills and lusts of our present usurpers , against all their solemne oaths , covenants and protestations not to doe it ; wee cannot but imagine , conceive and believe , that every particular persons estate , goods , life , liberties and enjoyments in the kingdome not halfe so well established and fenced as they , can be secure or exempt from their violenc & r●pine but subject to their lawlesse wills , courts , acts , seizures & disposals , to deprive us of them at their pleasures ; which will render us the miserablest & slavishest people under heaven , instead of a free republick ; of which the late illegall proceedings in martiall arbitrary courts and committees against the beheaded king , lords and others , with their late imposed arbitrary taxes , excises , acts for new treasons , and this very oath and engagement give us undeniable experiments . upon which , and sundry other weighty considerations , we are peremptorily resolved , by the grace and assistance of our omnipotent god , rather to endure ten thousand sequestrations , imprisonments , deaths ; then to betray our king , kingdomes , parliaments , lawes , liberties , religion , all our earthly comforts , wound our consciences , damn our immortall souls by our submission or subscription to this irreligious , flagitious , pernicious , scandalous , illegall , irrationall , unconscionable , treasonable new oath and engagement ; and adhere to the death constantly and sincerely to our former oathes , covenants and engagements , which they diametrically oppose , maugre any humane powers or forces whatsoever . to close up all wee heartily wish all perjured prescribers of this new oath and engagement ( especially apostate assembly-men , d●vines and lawyers , who contrary to their former oathes , covenants , pretestations and subscriptions ) have subscribed this new oath , conscienciously and sadly to consider and peruse : levit. 19.12 . psal. 15.1.2.4 . iosh. 9.18.19.20 . 2 sam. 21.1 . & 1 king. 1.29.30 . c. 2.42.43.46 . 2 chron. 13.5.6 . & n●h. 5 12.13 . ier. 34.8 . to 20. ezech. 17.11 . to 22. zech. 5.1 . to . 5. mal. 3 5. rom. 1.28.31.32 . 2 tim. 3.1 . to 6. dr. beards theatre of god judgements l. 1. c. 27 ▪ 28. of perjurers divine punishments ( especially the example of rodulph . p. 174. with another of that nature p. 176. and the example of that perjured usurper of the crowne , against his oath , king herauld math. west . an. 1066. p. 430.438 . with the sad st●ri●s of archbishop cranmers tortures of conscience , and mr. bilneys for subscribing against their consciences to save their lives , in mr. fox his monuments : and then they will eyther with peter , after he had abjured his lord and master with an oath , goe forth and weep bitterly , if they have any sparkes of grace or hopes of salvation remaining in them ; or else with treacherous iudas , who betrayed his lord and master to gratifie the high-priests , goe out despairing , and hang themselves to avoid the shame of the world , and anguish of their tormenting consciences . a quaere touching an english monarchy , and a low-country free-state ; which of them is the freest , and most to bee desired . an english monarchie , is a most honorable free government by an hereditary king according to the lawes of the kingdome , supplyed only ( without any standing army , garrisons , free-quarter , excise , or monethly contributions , by a bare ordinance of a few commons ) with a subsidy or two , in divers yeares , freely granted by the laity and clergy in full parliament by distinct acts of parliament . a low-country free-state , is an ignoble servitude under the militarie command of many selfe-created new states , erected and supported by the meere power of a standing army , constant garrisons , citadels , accompanied with perpetuall monethly contributions , taxes , excises , and free-quarter imposed on the clergy & laity by these new states alone , without common consent or act of parliament , and augmented and disposed of at their owne will and pleasures . utrum horum mavis , accipe . finis . notes, typically marginal, from the original text notes for div a56129e-130 levit. 19.12 . deut. 5.11 . ier. 5.2 . c 7.9 . ezech. 17.12 . to 20. zech. 5.3.4 . mal. 3.5 . math. 5.34 . rom. 1.31.32 . 2. tim. 3.3.4 . [b] 1. iac c 1.2 4.3 . iacobi . 1.2 . [c] a plea for the lords . [d] votes of octob. 11.22 . 1649. [e] 25 h. 8 c. 22. & all act● of the subsi●ies granted by the ●●aity or clergy in their reignes [f] exact . collections p. 14.15.16 696. [g] exact collection . p 712.713.714 . [h] psal 15 1 a rom 1 31 3● [i] ●sal 22.1 . psal. 47 2.7 . psal. ●9 ●● . [k] psalm 6 prov 9 7 luke 1 33. [l] psal ▪ 10.16 psal. 47 2. psal 89 13. ps 48 2 ps 95 3. ps 149.2 . ps 33 17 20 1 ▪ tim. 1 17. [m] seld●ns titles of honor part . 1. c 1.2.3 . [n] acknowledged by m. pym . himselfe and the house of commons canterburie's doome p. 29 exact coll●ctions p 696. [o] 1 iac c. 1.2 3. iacobi c. 1.2.4 . [p] exact collection . p. 6. [q] mr. st. ioans argument at law . [r] condemn●d in the petion of right 3. caroli . * exact collection p 262.282 284 〈◊〉 289.297.298.500 514 517.521 522.526.528.530 531.534 550 551.554 558 561.562 . a collection , &c. p. 177 worthy o●● serious consideration . * exact collection . p 695.696 657 658 a collection &c. p. 420. to 428 698 699.700.877.878 . [s] math. west . an 185.307 . speed , godwin , spelman , usher , de eccles. ●rit. primordijs . [t] psal. 145.11.13 . isay 9 7 dan. 4.35 . c. 6.27 . math. 3.2 . c. 5 7.19 c. 12.28 . c 21.43 . c. 25.34 . c. 26.25 . lu. 3.33 . c. 10.11 . 1. cor. 6.9 . col. 1.13 . 1. tim. 4 1.18 jam. 2.5 . 2. pe. 1.11 . rav ▪ 12.10 . [v] cassanaeus catalogus gloriae mundi hist. of the cou●c●ll of trens [x] seld●ns titles of hon part . 2. ch. 11. a vindication of vviliam prynne esquire from some scandalous papers and imputations, nevvly printed and published, to traduce and defame him in his reputation. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91319 of text r211134 in the english short title catalog (thomason 669.f.13[67]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91319 wing p4129 thomason 669.f.13[67] estc r211134 99869867 99869867 162963 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91319) transcribed from: (early english books online ; image set 162963) images scanned from microfilm: (thomason tracts ; 246:669f13[67]) a vindication of vviliam prynne esquire from some scandalous papers and imputations, nevvly printed and published, to traduce and defame him in his reputation. prynne, william, 1600-1669. 1 sheet ([1] p.) s.n., [london : 1649] dated and signed at end: from the kings head in the strand, ian. 10 1648, william prynne. imprint from wing. reproduction of the original in the british library. eng prynne, william, 1600-1669 -early works to 1800. england and wales. -parliament. -house of commons -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a91319 r211134 (thomason 669.f.13[67]). civilwar no a vindication of vviliam prynne esquire, from some sandalous papers and imputations, nevvly printed and published, to traduce and defame him prynne, william 1649 889 1 0 0 0 0 0 11 c the rate of 11 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-07 tcp assigned for keying and markup 2007-08 apex covantage keyed and coded from proquest page images 2007-09 elspeth healey sampled and proofread 2007-09 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the vindication of vvilliam prynne esquire , from some scandalous papers and imputations , nevvly printed and published , to traduce and defame him in his reputation . where as a scandalous paper have been newly printed and published in my name by some of the imprisoned stage-players , or agents of the army , intituled mr. william prynne his defence of stage-playes , or , a restraction of a former book of his called his triomastix , of purpose to traduce and defame me : i do hereby publikely declare to all the world , the same to be a meere forgery and imposture , and that my judgement and opinion concerning stage playes and the common actors of them , and their intollerble mischeivousness in any christian state , is still the same , as i have more amply manifested it to be in my histriomastix . and whereas another pamphlet hath been printed and published , with this title . the examination of mr. wil. prynne by order of the house of commons , with his answer : wherein is related . that the two members appointed to know mr. prynnes answer , whether the scandalous pamphlet to which his name was set was his ? and whether he would owne it ? repored this answer , that when a sufficient authority sent to him , he would returne a speedy answer ; which answer is to be considered of on thursday-next : that there is a mistake in this report : which i conceive my selfe bound to rectifie , by relating the whole truth , which is as followeth . that on friday last about five of the clock at night , mr. humphrey edwards , and iohn fry , came to my chamber , to the kings head in the strand , & without shewing me any order , or commission ; told me : that they were sent to me by the house of commons to aske me a question : which was , whether a booke they then produced , and held in their hands , were mine , or not ? not reading the title , nor any part of it ; but j conceived it was the memento , to whom j returned this answer . that i knew of no authority they had to demand this question of me ; that i neither knew nor took them to be members , their elections being both void and illegall , and so proved at the committees which examined them , who had voted them such , and therefore they ought not to sit , being voted out of the house . and that this was all the answer j should returne them : who should be alwayes ready to give an answer to any question , concerning any book i had written in a legall way , when it should be demanded by a lawfull authority . m. fry answered , that though his election was voted voyd by the committee , that it was not reported to , nor voted void by the house , and therefore he might sit , to which i replied , that no man after his election was unanimously voted voyd by the whole committee , being so foul as his and mr. edmonds were , had the impudency to sit and vote in the house , til they made the president . whereupon they departed somewhat disconted . this is the reall truth of all that passed between me & them , which i thought it my duty to publish to the world to avoid mistakes : & so much the rather , because the gen ▪ counsell of the army in their answer of jan 3 , touching the secured and secluded members : p , 4 , 5 , complain of many abuses in the new elections ; and that the elections of many honest men have been long suspended under examination , and kept off from tryall by practise of the secluded members , when as in verity , the greatest abuses of this kind that ever were , have proceeded from the officers and their parties ; most of the elections of their adherents being very foule and void , & petitioned against , being kept off by their parry , from examination , and report : by reason whereof , the two forementioned gentlemen , mr. blagrave , ( whose election is voted void long since ) and divers others now sitting , have been kept in the house against al right and justice , when as there is not one secluded member for ought j can learn whose election is not fair and legall . in witnesse whereof i have hereunto subscribed my name ; william prynne . from the kings head in the strand , ian. 10 1648 , esay 57 , 4 none calleth for justice ; nor any pleadeth for truth : they trust in vanity and speak eyes : they conceive mischief and bring forth iniquity their works are works of iniquity , and the act of violence is in their hands . titus 1. 12 the cretians are alwayes lyars , evill beasts , slow bellies , finis . loyalty banished: or england in mourning· being a perfect narrative of the present affairs and proceedings, between divers members of parliament, and m. wil. prynne ... with the several speeches made in the house, by sir arthur haslerigge, sir henry vane, master hungerford, and mr. ansley; and the answer and reply of the said mr. prynne thereunto ... together with his proposals to the people; and the names of the secluded members cast into hell, by the power of the sword; and what proceeded thereupon. as also mr. prynnes demands to the parliament, in the name of all the commons of england. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91216 of text r203254 in the english short title catalog (thomason e986_20). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 24 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91216 wing p4007 thomason e986_20 estc r203254 99863275 99863275 115465 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91216) transcribed from: (early english books online ; image set 115465) images scanned from microfilm: (thomason tracts ; 147:e986[20]) loyalty banished: or england in mourning· being a perfect narrative of the present affairs and proceedings, between divers members of parliament, and m. wil. prynne ... with the several speeches made in the house, by sir arthur haslerigge, sir henry vane, master hungerford, and mr. ansley; and the answer and reply of the said mr. prynne thereunto ... together with his proposals to the people; and the names of the secluded members cast into hell, by the power of the sword; and what proceeded thereupon. as also mr. prynnes demands to the parliament, in the name of all the commons of england. prynne, william, 1600-1669. 8 p. s.n.], [london : printed in the year, 1659. an abridgment of the first 17 pages and a translation of the last paragraph of: a true and perfect narrative of what was done, spoken by and between mr. prynne, the old and newly forcibly late secluded members, the army officers, and those now sitting, both in the commons lobby, house, and elsewhere; on saturday and monday last (the 7. and 9. of this instant may). place of publication from wing. annotation on thomason copy: "june. 16". reproduction of the original in the british library. eng prynne, william, 1600-1669 -early works to 1800. hesilrige, arthur, -sir, d. 1661 -early works to 1800. england and wales. -parliament. -house of commons -expulsion -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. a91216 r203254 (thomason e986_20). civilwar no loyalty banished: or england in mourning·: being a perfect narrative of the present affairs and proceedings, between divers members of parl prynne, william 1659 4211 6 0 0 0 0 0 14 c the rate of 14 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 aptara keyed and coded from proquest page images 2007-06 pip willcox sampled and proofread 2007-06 pip willcox text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion loyalty banished : or england in mourning . being a perfect narrative of the present affairs and proceedings , between divers members of parliament , and m. wil . prynne , neer the lobby at westminster . with the several speeches made in the house , by sir arthur haslerigge , sir henry vane , master hungerford , and mr. ansley ; and the answer and reply of the said mr. prynne thereunto , by virtue of the power and summons , derived from king charles : together with his proposals to the people ; and the names of the secluded members cast into hell , by the power of the sword ; and what proceeded thereupon . as also mr. prynnes demands to the parliament , in the name of all the commons of england . printed in the year , 1659. on the seventh of this instant may , mr. prynne walking to westminster-hall , ( where he had not been six daies before ) meeting with some old secured and secluded members of parliament , summoned by king charles his writ and authority , for these onely ends ( expressed in all writs of summons to the lords , and of elections issued to sheriffs of counties for electing knights , citizens and burgesses of parliament , and in the indentures themselves by which they were returned members ; ) to confer and treat of certain , great and arduous affairs , concerning the defence of the king , kingdome , and church of england , and to do and consent to those things which shall happen to be therein ordained by common counsel , ( of the king , lords , and commons , ) touching the aforesaid businesses : which parliament began at westminster the third day of november , 1640. they shewed him a declaration of the officers and counsel of the army , made in such hast and confusion , that they mistook the month wherein they made it dating april 6. instead of may 6. published by them that morning , ( which declaration the day before , was presented to the speaker of the said parliament , at the rolls , by divers officers of the army , in the name of coll : fleetwood , and the counsel of officers of the army , in presence of many members of said the parliament ) containing their earn●st desire , that those members who continued to sit since the year 1648. untill the twentieth of april 1653. would return to the exercise and discharge of their trust . upon which mr. pryn , if he could enter the house , intended to send for the rest of the members walking in the hall to come in unto them : and to move that all surviving members of this parliament , might by joynt consent particularly be sent to , and invited to meet and sit in the house at a convenient day , before any vote or order passed by them then sitting , thus suddainly convened without any notice ( which would be interpreted rather a surprize , and un-parliamentary practise , both by the absent members and the whole nation , than any obliging parliamentary vote or order of the house ) and more discontent then invite or unite the absent unsummoned members , of that parliament making the rent greater then before . upon these resolutions alone , and none other , which mr. p intended to propose to those then sitting , he went to the lobby door of the commons house , accompanied with sir george booth , mr. arthur annesley , sir iohn evelyn , mr. th. gewen , mr. charles rich , mr. mountague , mr. rich. knightly , mr. hungerford , and one or two more ; which being shut to keep out the people crowding on the stairs to get in , through whom they could hardly pass ; mr. p. knocked twice or thrice , but could get no admittance , till the door being opened to let out mr. nye and some other ministers , mr , p. with sir george booth and mr. annesley , being formost , pressed into the lobby ; and then the door being shut and bolted again , mr. p. unbolted and held it open till the rest came in ; where they finding mr. john and mr. james herbert standing in the lobby , accquainted them with their intentions to go then into the house , who resolved to go in with them . coming all up to the house door , which was shut and kept guarded ( as it presently appeared ) by some officers of the army ; mr. p. required them to open the door to let them in , being all members of the old parliament ; who thereupon demanded ; whether they had continued sitting in it since 1648. to 1653 ? m. p. and the rest all answered , that being members of the old parliament , they would give no account to them or any others of their sitting , but onely to the house it self whereof they were members , being contrary to the priviledge of parliament , which they and others were obliged inviolably to maintain : upon which demanding their names , they said ; that if they would send in a note of their names to the house , and they ordered them to come in , they should be admitted . whereto mr. p. replyed we yet knew not who were within the house , nor whether they were yet sitting , nor upon what account they sate ; nor was it agreeable with the custome or priviledge of parliament for one member to send tickets to his fellow-members for free admission into the house , being all equals , and having an equal right freely to enter into it at all times , as well as they ; nor was it their duty thus to capitulate with members , but obey their just commands in opening the door : which they still refusing , mr. p. demanded , who and what they were , being all strangers to them ? and by whose authority , or order they thus forcibly kept them out ? they answered , they were officers of the army , and had sufficint authority to keep them out , if they had not sate since 1640. till 1653. mr. p. demanded , from whom they had their warrant , since they could have none from those within , being but newly entred ; and none else could give them such a warrant , nor they within before they heard them , and gave good reason for it ; demanding them to produce their order , if they had any in writing , that they mght know by whose authority they were thus forcibly kept out ; demanding their several names twice or thrice , wherewith they refused to acquaint them . upon this m p. told them , they doubted of their authority , or orders thus to seclude them , because they were either ashamed or afraid to tell them their names , when as th●y told them theirs : that they knew not whether they were officers of the army , or not , unless they knew their names , so that they might inquire the truth of it , or saw their commissions : and if they were army officers indeed , they had published a printed d●cl . in all their names that morning , inviting ( as they conceiv'd ) all members they formerly secluded , to return & sit again in the house to discharge their trusts : wherein they professed their former force upon , and seclusion of them , to be a backsliding , and wandring into unrighteous paths ; w●ich they seemingly repented of ; promising to yield their utmost assistance to them to sit in safety ; and praying for the presence and blessing of god upon their endeavours : and if now within few hours after this remonstrance published , they thus highly and publikely violated it in the view of all there present by returning to their former backslidings and unrighteous paths ; in secluding those who were members a fresh , and violating their own declaration , none would henceforth credit them , or it . upon which one of them told mr. p. he knew he was none of them who sate since 1648. till 1653. therefore they were not bound to let him in , being not within their declaration , who retorted , he thought their repentance had been universal , not partial ; of all their forces upon the house and members , especially of their greatest dec. 1648. when they not onely secluded , but secured and imprisoned him and forty more in hell , and other places , and forced away three 3 times as many more for discharging their trusts , and asserting the true good old cause ; against their commissions , trusts protestations , and printed remonstrances ; which if they would look back upon and well consider ( as they proclaim they had done in their new decl. ) they would find to be one of their greatest backslidings where they first turned out of the way , which caused god to withdraw his presence and good spirit from them ever since , and give them up to the prosecuting of a new romish good old cause , which had brought us into that posture , and occasioned those vicissitudes of dangers , and caused god in his providence to make all essayes to settle us , utterly ineffectual ; to convince them of , and reclaim them from their error , which they now pursued afresh , as vigorously as ever : that for his own part after his imprisonment by them against both law and priviledge in 1648. in sundry places , he was again forcibly seised by some of the army in his house in 1650. and kept a close prisoner neer three years under armed guards of souldiers in three remote castles far distant from those then sitting : therefore they could not make their unrighteous imprisonment of him then without any cause or heaving , a just ground to seclude him from sitting now . but all these expostulations of m. p. and others , not prevailing , they desired all present to take notice and bear witness of this high affront and breach of priviledge in this their forcible seclusion : and so departing , mr. knightly meeting major general lambert in the lobby , complained to him of this forcible seclusion , who gave him a civil answer to this effect , that things were now in an hurry , and their entring at this time into the house might cause some disturbance , but doubted not such course would be taken by the officers of the army in few daies , that none should be forcibly secluded : and so they went from the lobby into the hall from whence they came , acquainting those members they left there with the premises . after some conference with one another , it was thought fit they should ment about four a clock in the evening under lincolns inne chappel , and in the mean time that every one should e●quire , what old secluded , or secured members were now in town , and how many members of the long parliament were yet living , chosen or sitting before december 6. 1648. when they were first forcibly secluded by the army . some met accordingly , and upon conference found , there were about eighty secluded members now in london and westminster , being neer double the number of those sitting that day , and above three hundred members of all sorts yet living , chosen or sitting in the commons house before december 1648. over and above those that now sate ; all which they conceived ought in justice to be summoned by the speakers letter , freely to meet and sit in the house at a convenient time to be agreed upon : in order whereunto , some ten of them met in the councel chamber of lincolns inne , ( where the old speaker used to sit in councel as a bencher with the rest of the benchers concerning the affairs of the society ) as the fittest place to write down a catalogue of all the surviving members names , by the help of their memories , and the printed list of them ; which having finished , they departed , agreeing to meet in westminster hall about nine of the clock on munday morning , whither m. p. carried the list of the names formerly written , digested into an alphabetical order , to communicate it to other members . those that sate meeting on the lords day , adiourned their house till ten of the clock monday morning : but the courts not sitting in westminster hall that day , mr. p. found the hall very thin , and few members in it whiles he was standing in the hall expecting those who promised to meet there , he was twice informed one after another , that there were no guards at all at the house door , that any person might freely go into it without any examination , there being but few members within , & the doors standing open . whereupon he spake to four or five members there met to go along with him into the house , and if they were freely admitted , to give notice of it to the rest to follow after if they were pleased , some of them were unwilling to go being formerly repulsed , thinking it better to make a narrative of their former forcible seclusion on saturday , and to signifie it by a letter directed to the speaker , subscribed with their names , which mr. p. conceived superfluous , since the door now stood freely open to all , without any guards to seclude any , and that as he apprehended in pursuite of major general lamberts promise to mr. knightly ; and it would be idle to complain of that force by letter , wherewith they might now acquaint those then sitting by their own mouthes if there were cause . upon which ground , mr. prynne , mr. annesly , and mr. hungerford about ten of the clock went to the house , where the doors of the lobby and house were at first knock opened to them by the ordinary door-keepers , upon their telling them they were members , ( there being no guard at either door : ) who delivered to each of them as members a printed paper , intituled , a declaration of the parliament assembled at westminster , saturday 7. may 1659. they found above nine or ten of those who sate within the house , who courteously saluted them : after some short discourses , mr. ansley , and mr. hungerford leaving mr. p. in the house , ( out of which he resolved not to stir upon any occasion for fear of a new forcible seclusion ) went back into the hall to acquaint the members in it , they might freely enter if they pleased : mr. annesly returning , was forcibly kept out from reentring by some souldiers sent thither ( as he conceited ) for that purpose , wherewith he acquainted mr. p. by a note , desiring to speak with him at the house door ; which being opened , mr. annesly pressed to go in to speak with him , but was denied entrance , unless he would give his paroll presently to come out again and not to stay whithin : whereupon he said , though they had often broken their parolls with him , yet he would not break his paroll but would come forth so soon as he had spoken with mr. p. which he accordinly performed . after this , m. p. had conference with divers members as they came in , who said they were glad to see him in health , and meet him there again . the house being thin mr. p. turned to the statute of 17 caroli , c. 7. reading it to himself , and after that to two other members , telling them it was a doubt whether the old parliament was not determined by the kings death , notwithstanding that act which was fit to be first freely debated in a full house , before ought else was done . upon which they demanded , why he came amongst them , if he made a scruple or thought it to be dissolved ? who answered to have it fully debated and resolved in a full and free house . after which sir arthur haslerigge coming in , mr. p. saluted and told him , he was glad to meet him again in this place ; who presently answered , he had nothing to do to sit there as a member , being formerly secluded . whereto he replyed , he had as good right to sit there as himself , or any other member whatsoever , upon the account of the old parliament , if in being , having acted , written , suffered more in defence of the rights and priviledges of parliament , than himself , or any sitting with him . upon which sir henry vane coming in , and stepping up to them , said in a menacing manner , mr. prynne , what make you here ? you ought not to come into this house , being formerly voted out , i wish you as a friend quietly to depart hence , else some course will be presently taken with you for your presumption : which sir arthur seconded , telling him , if he refused , that there would be a speedy course taken , and a charge put in against him , for his meetings on saturday , and actings against the house : to which he replyed , he had as good , if not a better right to sit than either of them : that he knew of no vote to seclude , nor of any there who had right or power to vote him out , being equally intrusted with themselves for the whole nation , and those he represented : that he was never convicted of any breach of his parliamentary trust , and hoped they would have both the justice and patience to hear , before they voted him out : and then he doubted not to make it appear , themselves were greater infringers of their trusts , and more worthy to be voted out than himself . as for their charge and menaces , he was no way affrighted with them , it being as free and lawful for him and other members , to meet and advise together , both as members and freemen of england , for preservation of themselves , the peoples rights and parliaments priviledges , when forcibly secluded , as they did on saturd●y ; as for themselves , or the army officers to meet privately and publickly , both in and out of the house , to deprive them of their priviledges , as they had oft times done of late : that these high menacing words , where a very ill performance of their new published declaration , delivered him at the door , viz. that they were resolved ( by the gracious assistance of almighty god ) to apply themselves to the faithfull discharge of their legal trust ; to assert , establish and secure , the property and liberty of the people in reference unto all , both as men and as christians . ) which if they should publikely violate and null by any uniust charge , or proceedings against him , who had suffered so much , both as an english freemen , christian , and member too ( by their three years close imprisonment of him without cause or hearing ) under their new free-state , when first erected , and now again upon their very first reviving of it , though a member , only for coming into the house and meeting with other members , to claim their rights : it would highly reflect upon their intended new free-state , and make all out of love with it . mr. p. having acquainted some secluded members in the hall with these passages in the house ; who agreeing to send a letter to the speaker touching their forcible seclusion on saturday , he returned to lincolns inne , where he dined in the hall : immediately after dinner he repaired to westminster with a resolution to go into the house , if admitted , or protest against the force , if secluded by the army guards there placed ; he found an whole troop of horse in the palace-yard , and a company of foot on the stairs , and court of requests , drawn thither to keep him and other members out ; whereupon he walked in the hall till past three a clock , expecting the speakers coming , with whom he intended to enter : at last , being informed that he went the back way without the mace , and was gone into the house , mr. p. to avoid tumult ( a company of unknown persons in the hall going after to see the issue ) went purposely forth towards the abby , till all were gone from the steps ; and then going up only with one of his acquaintance , ( no member ) he found the door and stairs before the lobby strictly guarded with red-coats , who with their halberts crossed the door and steps so thick , that none could pass : whereupon mr. p. demanded entrance , saying he was a member ; and they being ignorant who he was , permitted him to pass through their pikes into the lobby , but secluded his friend from going up with him . when he came at the house door to enter , several officers of the army there placed ( one of them sitting in a chair ) told him , that he must not enter , and that they had special order to keep him out of the house : whereupon he protested against this their forcible double seclusion , as an high contempt and breach of priviledge , contrary to their own and the sitting members declaration published that day , demanding in the name of all the commons of england , and those for whom he was elected , free admission for himself and other members they kept out by a visible force of horse and foot , which was a worse and more real levying of war against the parliament , then the beheaded king or his party were guilty of . after which one of the army-officers told mr. prynne , he had deserted the good old cause : to which he replied , that the true good cause for which they were first raised , was only to defend the kings person , kingdom , parliament , all its members , priviledges , and secure them against all force and violence whatsoever , which cause they had not only deserted , but betrayed , and fought against , contrary to all former engagements . to which cause he adhered , and desired admission to maintain it . to which he answered , that indeed was once their good old cause , but now it was not so , for since they had pursued another cause , mr. p. replied , that then they were real back-sliders therein , and their cause neither old nor good , but bad , new , and destructive to the former old one . in summe . thomas campanella , in his spanish universal monarchy , chap. 30. speaks thus ; all heresies when centred in atheisme , are by the wise mannagement of the church reduced into the way of truth ; for heresies have their periods as well as commonwealths , that first from lawful monarchy , are changed into a tyranny , from thence to an aristocracy , thence to a councel of state , and at length to the confusions of democracy , and at last ( as the final rest of all tumultuous , and otherwise ceaseless distempers ) return again into kingship . finis . a fresh discovery of some prodigious new wandring-blasing-stars, & firebrands, stiling themselves nevv-lights, firing our church and state into new combustions. divided into ten sections, comprising severall most libellous, scandalous, seditious, insolent, uncharitable, (and some blasphemous) passages; published in late unlicensed printed pamphlets, against the ecclesiasticall jurisdiction and power of parliaments, councels, synods, christian kings and magistrates, in generall; the ordinances and proceedings of this present parliament, in speciall: the national covenant, assembly, directory, our brethren of scotland, presbyterian government; the church of england, with her ministers, worship; the opposers of independent novelties; ... whereunto some letters and papers lately sent from the sommer-islands, are subjoyned, relating the schismaticall, illegal, tyrannical proceedings of some independents there, in gathering their new-churches, to the great distraction and prejudice of that plantation. / published for the common good by william prynne of lincolnes inne, esquire. prynne, william, 1600-1669. 1645 approx. 320 kb of xml-encoded text transcribed from 46 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a91187 wing p3963 thomason e261_5 estc r212456 99871072 99871072 123470 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91187) transcribed from: (early english books online ; image set 123470) images scanned from microfilm: (thomason tracts ; 44:e261[5]) a fresh discovery of some prodigious new wandring-blasing-stars, & firebrands, stiling themselves nevv-lights, firing our church and state into new combustions. divided into ten sections, comprising severall most libellous, scandalous, seditious, insolent, uncharitable, (and some blasphemous) passages; published in late unlicensed printed pamphlets, against the ecclesiasticall jurisdiction and power of parliaments, councels, synods, christian kings and magistrates, in generall; the ordinances and proceedings of this present parliament, in speciall: the national covenant, assembly, directory, our brethren of scotland, presbyterian government; the church of england, with her ministers, worship; the opposers of independent novelties; ... whereunto some letters and papers lately sent from the sommer-islands, are subjoyned, relating the schismaticall, illegal, tyrannical proceedings of some independents there, in gathering their new-churches, to the great distraction and prejudice of that plantation. / published for the common good by william prynne of lincolnes inne, esquire. prynne, william, 1600-1669. [12], 48, 28 p. printed by john macock, for michael sparke, senior, at the sign of the blue bible in green arbour., london : 1645. annotation on thomason copy: "july 24th". reproduction of the original in the british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -politics and government -1642-1649 -early works to 1800. great britain -church history -17th century -early works to 1800. bermuda islands -religion -early works to 1800. 2007-02 tcp assigned for keying and markup 2007-03 aptara keyed and coded from proquest page images 2008-02 john pas sampled and proofread 2008-02 john pas text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion a fresh discovery of some prodigious new wandring-blasing-stars , & firebrands , stiling themselves nevv-lights , firing our church and state into new combustions . divided into ten sections , comprising severall most libellous , scandalous , seditious , insolent , uncharitable , ( and some blasphemous ) passages ; published in late unlicensedprinted pamphlets , against the ecclesiasticall jurisdiction and power of parliaments , councels , synods , christian kings and magistrates , in generall ; the ordinances and proceedings of this present parliament , in speciall : the nationall covenant , assembly , directory , our brethren of scotland , presbyterian government ; the church of england , with her ministers , worship ; the opposers of independent novelties ; and some seditious queres , incitations , practices , to stir up the commonalty & rude vulgar against the parliament , assembly , ministery ; worthy both houses , and all sober-minded christians serious consideration , detestation , and crying for speedy exemplary justice on the libellersand libels , to prevent our churches , religions , parliaments , kingdomes eminent ruine . whereunto some letters and papers lately sent from the sommer-islands , are subjoyned , relating the schismaticall , illegall , tyrannicall proceedings of some independents there , in gathering their new-churches , to the great distraction and prejudice of that plantation . published for the common good by william prynne of lincolns inne , esquire . take heed therefore , that the light which is in thee be not darknesse : if thine eye be evill , thy whol body is full of darknesse : if therefore the light that is in thee be darkenesse , how great is that darknesse ? luk. 11. 25. mat. 6. 23. these filthy dreamers despise dominion , and speak evill of dignities : these are raging waves of the sea , foaming out their own shame ; wandring stars , for whom is reserved the blacknesse of darknesse for ever . jude 8. 13. london printed by john macock , for michael spark senior , at the sign of the blue bible in green arbour . 1645. to the high and honourable court of parliament . most religious and judicious senators , i here present to your saddest thoughts and serious deliberations , an abstract of sundry most scurrilous , scandalous , seditious railing libels , lately published to the world in print , by some anabaptisticall independent sectaries , and new-lighted fire-brands ; wherein the undoubted priviledges , ordinances , just proceedings of parliament ; the reverend assembly of divines ; our brethren of scotland ; the church of england , with her government , ministers , worship ; the nationall covenant , directory , presbytery ; professed defenders of the parliaments priviledges , ordinances against their licentious schismaticall practises , ( according to their solemn vow and covenant ) are so audaciously affronted , oppugned , slandered , railed against ; and the common people so earnestly excited to mutiny against the parliament assembly , presbytery , government and ministers of our church of england , that i am confident no former age did ever produce such monstrous insolencies , such detestable virulent libels , which neither the honour , justice , nor wisdome of that soveraigne court of justice wherein you are assessors , nor the peace and safety of our religion , church , state , nor your own personall security , nor the nationall vow and covenant , ( engaging both your honours and all others who have taken it against these pernitious mutiniers ) can any longer suffer you patiently to tollerate ( as hitherto you have done ) without exemplary proceedings against , and punishments upon the authors , printers , publishers , dispersers of these most scurrilous and mutinous pamphlets . wherein they most injuriously and falsly revile , traduce all such for persecutors , fighters against christ and his kingdome , enemies to the wayes of christ , pulling his royall crown from off his head , his kingly scepter out of his hand , oppugners of the most religious , conscientious , godly , best-affected party ( as they pharisaically and falsly terme themselves ) dividers betweene the parliament and their best , their faithfullest freinds ; prophane apostates , popish jesuiticall incendiaries , haters of gods people , and the like ; who out of conscience , solid judgment and cordiall affection to the safety , tranquility of religion , parliament , church , kingdome , dare openly by word or writing , maintain the undoubted jurisdiction of parliaments , synods , magistrates in ecclesiasticall affaires , or oppose their factions , schismaticall independent wayes and innovations , destructive both to magistracy , ministery , vnity , parliaments , and that blessed reformation so much desired . for my owne particular , i have with much patience and contempt endured , without any reply at all , their false unchristian invectives against my self , only for writing in vindication of the undoubted ecclesiasticall jurisdiction , directive and coercive power of christian emperours , kings , magistrates , parliaments , in matters of religion and church-government , in my , truth triumphing over falsehood , antiquity over novelty , published with your speciall approbation ; and my independency examined , ( which have much incensed this waspish generation , unable to give any satisfactory answers to them ) and i should have continued silence still , had my own private interest only been concerned . but when i discerned them to be so audaciously licentious , presumptuous , as to a set their mouth against the heavens , to b revile the very gods themselves , and curse the rulers of the people ; c to despise government and speak evill of dignities , to bring railing accusations against , and d resist the higher powers , publishing libell after libell , against the proceedings , ordinances , and jurisdiction of the present parliament and assembly , yea with antichristian pride , to e oppose and exalt themselves above all that is called god , or that is wershipped ( as they have lately done , in the pamphlets hereafter mentioned , and in the nativity of sir iohn presbyter , &c. freshly published since the rest ; every of these latter libels being more seditious and pernitious then the former ) and f barrabas like , to stirre up sedition and insurrection among the people , against the ordinances , votes of parliament , and that ecclesiasticall reformation and pre-byteriall government you have resolved to establish ; g my bowels ; my bowels were pained within me at my very heart , so that i could not hold my peace , nor keepe silence any longer , because thou hast heard , o my soul , the sound of these seditious trumpets , and the alarme of this schismaticall anti-parliamentary war : yea should i now refraine from writing , the very stones themselves would immediately cry out against their most infamous libels and mutino●s presumptuous practises , opposite to all publike order , government , authority . and the rather am i necessitated to this ungratefull worke , because their very libels , actions , speeches proclaime a plotted avowed confederacy among some furious ringleaders of these independent sectaries ( though i presume the more moderate are not guilty of it ) against the parliament , assembly , and all their resolves in matters of religion or church-government , yea , against our very church , ministers , and tithes the meanes of their support ; as their libellous passages against the ecclesiasticall power , proceedings of the parliament and assembly ; their publike oppositions against the nationall covenant , directory , the ordinances prohibiting disorderly & unlicensed printing of libellous scismaticall pamphlets ; against lay-mens preaching in the army or else-where ; for due payment of tythes , &c. recited in the ensuing sections , will at large declare . and that which further confirmes me in this opinion , is : first , the new seditious covenants which the members of some independent congregations enter into ; to adhere , defend , maintain , to the utmost of their powers , and contend for , even unto blood , the establishment of that independent form of church government which themselves have set up and submitted to , and oppose the presbyterian , in contempt of the parliaments authority : in truth meere anti-covenants of the nationall league and covenant , which they utterly refuse to take , and rayle against . 2. their menacing predictions to the assembly and presbytery in their two last k libels ; wherin they print , that the time hastens the people will call them to an account , and repell and confound them by the sword ; that the life of sir iohn presbyter is like to be neither long nor good ; that he wil be brought to a sudden untimely end , perhaps hanging . that presbytry shall live but a short time to do mischeife , and then , the common people will beg in to sing , her tosse , the devil 's dead ; presbytery will quickly dye , the synod be dissolved , the divell chained up : and therefore follow the advise of old cat● ; spem retine . rejoyce o heavens , sing aloud o earth , clap thy hands for joy , o england-post nubula soles ; thou shalt have a time of quietnesse , of pence , of content , for presbytery will have never a child to vexe thee , to imprison thy free denizens , to sucke up thy fatte , devoure thy good things and eat up thy bread out of thy childrens mouthes , and himselfe is not long lived , as i shewed before ; and then farewell persecution for conscience , farewell ordinance for tithes , farewell ecclesiasticall supremacy , farewell pontifical revenue , farewel assembly of divines dissembled at westminster , you shall consult together no more , farewell sr. simon synod , and his son presbyter iacke . gens antiquaruit , multos dominata perannos , &c. which passages , presage and intimate nought else , but a plain conspiracy , confederacy , against the assembly , presbytery and presbyterian party . 3. some late seditious speeches of two preaching captaines of this schismaticall confederacy ; who being apprehended and questioned by sr. samuell lukes officers for preaching in newport-pannell , and other places neare adjoyning , in contempt of an ordinance of parliament made the 26. of april 1645. which ordaines , that no person be permitted to preach who is not ordained a minister ▪ threatning condigne punishment to the offenders against it for their contempts ; enjoyning sr. thomas fairfax , the lord major , the committee of militia for london ; the governours , commanders , and magistrates of all garrisons , castles , places of strength , citties , townes , forts , ports , and the respective committees of each county , to see the same duly observed in the army and places aforesaid , and make speedy representation to both houses , of such as shall offend therein . these captaine preachers ; ( far wiser then that devout centurian cornelius , who feared god with all his house , and prayed to god alwaies ; yet never turned preacher to his owne band , for ought we read , but by gods own direction from heaven , sent for the apostle peter to instruct him and his family , acts 10. ) among other speeches averred ; that they were illegally used by sr samuel in being apprehended ( for their contempt against this ordinance ; ) most fasly and seditiously affirming , that the generall & all the colonels in the army were deeply engaged . in their designe : that they would acquaint their friends in the hovse of commons of their bad usage , that they had done nothing but taught the word of god ; ( among other things , that wee had no true church not ministry , and that the children of beleevers had no more right to baptisme then those of infidels , &c. ) which they would justifie , and those friends likewise : that they had commission from the parliament for what they did , &c. whereupon one capt. oxford answering them ; that he was confident there were few or none in the house would uphold them ( against an expresse ordinance of both houses ) and that the generall and collonels would not side with them in this case : the said pedicant captains replyed ; that should be tryed speedily : for they were resolved to make this businesse the leading case of the kingdome for all the godly party : adding ; that if the godly and wel-affected party were thus persecuted , they should be forced to make a worse breach then what was yet , when they had done with the kings party : and telling ensign ratford and his souldiers , that they were worse then cavaliers ; and that when they had made an end of the war with the cavaliers , they shovld be forct to raise a new army to fight with them . certainly these seditious privy covenants , libels , speeches , compared with the ensuing sections , letters , discover and portend no lesse then a strong conspiracy among some anabaptisticall sectaries to oppose the power , ordinances and proceedings of parliament , to extirpate all other governments but their own , and to set it up by the sword , or popular commotions in despight of your authority . and is it not then high time for your honours , with all other well-affected persons to look about you ? to vindicate your own power , honour , justice , against these most seditious , audatious , contemptuous libellers against your soveraign authority , your most religious ordinances , proceedings in the desired waies of reformation ; and to make some of them exemplary monuments of your impartiall severity , to deter others from the like unparalleld insolencies , not read nor heard of in any preceding age , nor practised by any generation of men , but these new furious sectaries : who to engage all sorts of people in their quarrell , proclaim a free toleration and liberty of conscience , to all sects , all religions whatsoever , be it judais●e , paganisme , turcisme , arianisme , popery ; ( as all their pamphlets manifest ) and to interest the female sex , and draw them to their party , they ( contrary to the n apostles precept ) allow them not only decisive votes , but liberty of preaching prophesying , speaking in their congregations ; yea , power to meet in their * nocturnall conventicles , without their husbands , parents , ministers privitie , the better to propagate christs kingdome , and multiply the godly party : which , what confusion and ataxy it will soon ▪ produce in church and state , if not prevented by your honours extraordinary speedy diligence , wisdome , power , i humbly submit to your deepest judgements . i am certain your honours have read the a histories of the tragicall wars and commotions of the anabaptists in germany ; whose opinions where-ever they predominate , are fatall to the government , magistracy , ministery of all states , churches , and bring in popular tyranny , and licentiousnesse , the worst of evils . o then let not your honours patience or indulgence to such anabaptisticall libellers involve both you , us , our realm , in like german popular sedicions , devastations , and bloody massacres , which they threaten : but if these new seditious lights and fire-brands , will needs set up new churches , heresies , church-governments , and vent their new errors or opinions against your power and authority , let them doe it onely in new-england , or other new-fovndlands , since old england needes them not , unlesse it be to set her all on fire . as for those furious champions and emissaries of theirs who have most presumptuously opposed your religious ordinances , by word , deed , and presuming on the strength of their freinds within your wals , ( the opinion wherof , with your former lenity towards them hath much increased their spreading leprosy ] intend now at last to try this issue with your honours ; whether your just ordinances , or their willfull contempts against them shall take place ; it is presumed you will so proceed gainst them , and the authors , printers , publishers of the execrable libells h●re presented to your veiw , that they and all the world shal know , you a●e a soveraigne court of parliament ; whose priviledges , honour , you have all joyntly covenanted to mantain with your lives , power , fortunes ; and to proceed against all such secret underminers or open impugners of them , as capital delinquents : and these mutineers experimentally know , that no one member of your honorable assembly , will so far dishonour himself , or violate his publike trust & covenant , as to countenance such audacious willfull offenders in the least degree ; nor yet for fear or favour of any faction , any person how great soever , decline one hairs-bredth from that straite path of truth and publike justice , [ the greatest security and support of parliaments , kingdoms ] especially in these leading-cases , wherein you are most concerned , and as much obleiged to maintain your own priviledges , power , reputations , ordinances , against seditious sectaries , as against rebellious c●valeers : or else dissolve , give over your intended almost-accomplished reformation ; and so render your selves , with your proceedings contemptible to all the world : which god forbid . if any should object ; that the punishment of these grosse libellers & ring-leaders of sedition would discontent and disengage the independents , with all other sectaries of their opinion , who are a considerable party now ; which might prove dangerous to the state in this juncture of our publike affaires . i answer : 1. that i doubt not all moderate and juditious persons of that party wil willingly disclaime , if not excomunicate , banish them their congregations , and yeeld them up to publike justice , as persons worthy the severest censures ; else all the world will cry shame upon them . secondly , admit your executing justice on them should discontent their party ; yet thankes be to god ( for all their vapouring ] they are not so potent , so considerable as to over-aw a parliament from doing justice on such of their party , who libel against , or affront their power & proceedings ; in which case , our whole three kingdomes are solemnly engaged by publike covenant to assist you to the utmost , with their very lives and fortunes . thirdly , the greatnes of the kings power , party , hath not retarded you from executing justice upon strafford , canterbury , tompkins , & sundry other delinquents : shall then the lesse considerable faction of anahaptists and other sectaries hinder you from proceeding against a few seditious libellers and delinquents of their party ? fourthly , either you must permit them to go on to libel and affront your authority , orders , proceedings still , without exemplary punishments , to your great dishonour , infamy : or else proceed against them now , whiles your ordinances , and their contempts against them are fresh , their party small : else they will plead prescription , and you will be lesse engaged , lesse able to punish them hereafter , in case they should grow stronger and more numerous . principiis obstandum ; is ever the best policy . fiftly , let their party be as considerable , as potent as is falsely surmised by themselves , yet i humbly conceive , it stands neither with the majesty , honour , power , nor wisdome of a parliament , to be afraid of doing justice ( especially in maintenance of their own ordinances , priviledges whoever they discontent : in such a case , fiat justitia , ruet caelum ; is the safest resolution . majestrates and inferiour judges ( much more then supreamest courts of judicature ) must not * fear the faces nor frowns of any mortalls in discharging their duties , but execute justice and judgement , what ever comes of it , and trust god with the event . sixtly , the not doing exemplary justice in such leading cases of publike concernment , will render your parliamentary authority , ordinances , proceedings more contemptible to your own party , then ever they were unto the kings : yea , animate the country club-men and every inconsiderable sectary , not only to jeat , contemn , disobey your ordinances and commands , but at last to prescribe laws unto you , [ as * iack cade and his confederates did to the parliament in the 29. of hen. 6. ] which will by consequence bring parliaments into contempt , and so speedy desolation upon all our dominions , after so many successefull proceedings . up therefore and be doing justice upon some few chiefe offenders of this kinde for the present , to prevent execution upon many others , if not ruin on us all , for the future , and god himselfe will no doubt be with you ; * you neede not fear what flesh can do unto you , or sectaries speake or write against you : whose ensuing scurrilous libellous seditious passages will so publikely discover their uncharitable , unchristian , libellous , slandering , tumultuous dispositions , and hypocriticall , false , froward , licentious tempers , to all the world , as will render them odious to all sober minded , peaceable , consciencious , modest christians , if not to themselves , and all ingenious persons of their own sects ; and so , through gods blessing , reduce many of them to the bosome of our church , from which they have formerly revolted . it is not my intention by any the premisses to soure or exasperate your honours in the least degree against any peaceable , consciencious , orthodox , or truly religious christians , seduced by the independent party ; or to stir up any kind of persecution against such ; whose consciences will ( i doubt not ) in due time be fully satisfied , perswaded to submit to that presbyteriall church-goverment and discipline , which you have now resolved to establish in our churches ▪ there being nought there in repugnant to gods word , or which any well-informed conscience , can have cause to scruple at . towards such as these , it is most just and reasonable , all christian charity , meeknesse , long-suffering , brotherly love , and fitting liberty should be indulged for the present , till god shall further open their eyes and turn their hearts unto us . for whose better sati●faction in the irregularities of their new concealed independent way , i have here-unto subjoyned some letters and other papers lately sent me from the summer islands ; whereby they may discover , the faction ; arrogance , pride and cruelty of the independent ministers there , and that the liberty of conscience they plead for , & pretend they grant to presbyterians , others ; and the peaceablenesse of their way , is but a meere fiction , contradicted by their practise ; and likewise discern , how they lead their followers by a meere implicite faith ; impose upon them a popish blind obedience ; exercise a meere papall authority and unlymited dangerous arbytrary power over them and others ; pretending an vtopian government after the mind of christ , which is no where written in his word ; nor in any classicall authors , ancient or modern , but founded only in their own fancies , not yet fully discover'd , nor set down in writing , nor agreed on among themselves , nor published to others for their better satisfaction . the serious consideration whereof may happily reclaime our independents here from the error of their seperating destructive ways , and ease the oppressed planters of those islands from that independent yoake of bondage under which they so much groane , as to cry out to you for releife of their sore oppressions in their letters : which i shall beseech your honors in their behalfe ( since they have made their addresses to your tribunall by my mediation ) seriously to lay to heart , and seasonably to redresse . thus humbly craving pardon from your honorable assembly for my true-hearted zeale to do you faithfull service , by this unburthening of my conscience , and presenting you with this fresh discovery of those new wandring-starres and firebrands who revile , oppugne your ecclesiasticall jurisdiction , proceedings , ordinances ; disturb the much-desired peace of church , state , ( which we should all earnestly endeavour in these distracted times ; ) i humbly recommend all your faithfull undertakings for the security , tranquility of both , to gods owne blessing with my devoutest orisons to the throne of grace , and ever remaine , your honours , the republikes , churches , most devoted servant , william prynne . a fresh discovery of prodigious new-wandring-blasing-stars and fire-brands , stiling themselves nevv-lights : firing our church and state into new combustions . the apostle paul , led by a propheticall spirit , hath left us such an exact character of the last times , and of the exorbitant tempers of many christian professor living in them , as never suited with any age so fitly as this wherein we live , nor with any generation of people , so well , as those new-lights and sectaries , sprung up among us , who ( being many of them anabaptists ) have all new-christned themselves of late , by the common name of independents : this character we finde recorded , 2 tim. 3. 1. to 10. this know also , that in the last dayes perillous times shall come : ( and what times were ever more perillous then the present ? ) for men shall be lovers of themselves , coveteous , boasters , proud , blasphemers , disobedient to parents ( naturall , civill , ecclesiasticall ) unthankefull , unholy ; without naturall affection , trace-breakers , false accusers , incontinent , fierce , dispisers of those that are good ; traytors , heady , high-minded , lovers of pleasures ( of their own bellies , lusts , wayes , opinions , fancies ) more then lovers of god ; having a form of godlinesse , but denying the power thereof : from svchtvrne away . but some might demand of him , by what distinguishing marke may we know who these persons are ? the apostle therefore subjoynes such a symptome , as suits most exactly with our new separating lights & conventiclers , who forsake the publike assemblies , and creep into private houses , working principally ( as the * devill did at first ) upon the weakest sex : for of this sort are they which creep into hovses ( thus interpreted by the apostle : heb. 10. 25. not forsaking the assembling of our selves together , or the publike assemblies , as the manner of some is , and of our sectaries now ) and lead captive silly women , laden with sinnes , led away with diverse lusts : ever learning and never able to come to the knowledge of the trvth ( as those independent seekers are , who like * wandring stars , gad every day after new-lights , new-fashions of church government , wavering like empty clouds without wa●er , or waves of the sea , driven with the wind and tossed not knowing yet what government they would have , or where to fix ; believing and practising all things , with a reserve , to alter their opinions and practise every day upon discovery of further light , 〈◊〉 the independent apologists professe for themselves , and advise all others to do . now because such house-creepers and new-lights , have usually lofty conceits of their own opinions , judgements , wayes ; as if the truth of god were monopolized unto them , and therefore all the world should speedily submit to their foolish dictates , and erronious by-paths : the apostle immediately passeth this censure of their persons and proceedings . now as jannes and jambres withstood moses , so do these also resist the truth : men of corrupt mindes , reprobate ( or of no judgement ) concerning the faith : but they shall proceed no further , for their folly shall be manifest unto all men , as theirs also was . the very detection of their abominable , seditious , seducing practises , shall put a stop to their proceedings , and frustrate all their expectation . now if any man should doubt whether this prophesie of the apostle were really intended of separatists and sectaries ; the holy ghost hath resolved it in direct termes in the generall epistle of jude , v. 17 , 18 , 19. but beloved , remember that the words which were spoken before of the apostles of our lord iesus christ ( and among others of the apostle paul in the for ecited text ) how that they told them , there should be mockers in the last time , who should walk after their own ungodly lusts ( not after the spirit and word of god which they most pretend to : and would you know who these are ? ) these be they who separate themselves , sensuall , having not the spirit . to which the apostle peter addes these further descriptions of them . 2 pet , 2. 10 , 11 , 12 , 14 , 18 , 19. that they despise government , are presumptuous , felfe-willed , speak evill of dignities , bring railing accusations against them , speak evill of the things they understand not , beguile unstable soules having hearts exercised with covetous practises , being clouds carried with a tempest , wels without water , who when they speak great swelling words of vanity , allure through the lusts of the flesh , through much wantonnes ; ( of spirit as well as flesh ) those who are clean escaped from them who live in error : while they promise them liberty ( the liberty of conscience to professe what religion they list , to use what church government they please , without controll of parliament , synod , or magistrates ) they themselves are the servants of corruption ; and as iude , v. 13. prove raging waves of the sea , foaming out their own shame , wandring starres , to whom the blacknesse of darknesse is reserved for ever . all which descriptions , how properly they suit with our newindependent-lights and incendiaries , i shall clearly demonstrate out of severall clauses in their late seditious anti-parliamentary impressions , betraying the rottennesse of their hearts , the pride , sedition , and rebellion of their spirits , which i shall reduce to these ten sections . 1. seditious , scandalous , libellous , and uncharitable passages against the authority and jurisdiction of parliaments , synods , and temporall magistrates in generall , in ecclesiasticall affaires . 2. against sundry ordinances and proceedings of this present parliament in particular . 3. against the nationall covenant prescribed by parliament . 4. against the present assembly of divines , sitting and acting by order of parliament . 5. against the directory ratified by ordinance of parliament . 6. against our brethren of scotland , whom of late they much applanded . 7. against presbyterians and presbyterian government in generall . 8. against the church of england , her worship , ministers , and government in generall . 9. against such who have out of conscience written or preached against their seditious wayes , and libels . 10. seditious queres , passages , and practises , to excite mutinies and popular commotions against the parliament , and disobedience to its commands . section i. containing divers seditious , scandalous , libellous passages against the authority and jurisdiction of parliaments , synods , and temporall magistrates in generall , in ecclesiasticall affaires , in the late writings of several independent new-lights , and firebrands . i shall begin with a copy of a letter written by john lilburne , lieu , colonell , ( the ringleader of this regiment of new-firebrands ) to william prynne esq ; upon the comming out of his last book , intituled , truth triumphing over falsehood , antiquity over●novelty : of which letter there have bin three impressions made by him , without license ; contrary to the ordinance of both houses , restraining the printing or dispersing of unlicensed , libellous , & seditious pamphlets : whre he p. 4. writes thus . sir , in your last book that you put out , you spend a great deale of paines in citing old rusty authors , to prove that kings , councels , synods , and states , have for so many hundred yeares medled with matters of religion . i grant you they have ; but i demand of you , by what right , or by what authority out of the word of god they have so done ? hath god the father , or jesus christ his sonne given them any allowance in this ? or have they not hereby rather fulfilled the prophesies of the scripture , which saith , rev. 17. 17. that the kings of the earth shall give their power unto the beast till the word of god be fulfilled , which they have done in assisting the popes to joyne the ecclesiasticall and civill state together , making the golden lawes of christ to depend upon the leaden lawes of man ; yea upon such lawes , as was just suitable to their tyrannicall lusts , and which might the most advance their wicked ends and designes : and in the doing of this , they have set up a perfect antichrist against god's christ , yea , england is not free from this . and to hold , that kings , parliaments , synods , states , have any thing to do in matters of religion and church-government , he concludes pag. 5. to be a setting of the potentates of the earth together by the eares with christ ( who is to rule all nations , rev. 12. 5. ) to pluck his crown from his head , his scepter out of his hand , and his person out of his throne and state , that his father hath given him to raign gloriously in . which is thus backed by henry robinson the ( supposed ) author of the answer to mr. william prynnes 12. questions concerning church-government , pag. 6. particular churches , members of a kingdome and nation , are not obliged in point of conscience and christianity , to submit unto whatsoever publike church government , rites , and discipline , a nationall councell , synod , and parliament shall conceive most consonant to gods word , unlesse it prove so in the whole kingdomes , nations , and those very particular churches judgement , pag. 8. the grounds of independent government , attribute nothing to the magistrate in church affaires further then the magistrate is a member of their churches and assemblies , pag. 12. you can no more justifie a nationall church of christians shall likewise go up to the temple of jerusalem from whence by the same prophesie , they are also to receive the word of god , and not from parliament , pope , synod or presbytery . mr. henry burton in his vindication of churches commonly called independent , &c. p. 49 , 50 , 51 , &c : the church is a spirituall kingdome , whose only king is christ , and not man : it is a spirituall re-publick , whose only law-giver is christ and not man. no man nor power on earth , hath a kingly power over this kingdome . no earthly lawgiver may give lawes for the government of this republick . no man can or ought to undertake the government of this communion of saints . no humane power or law may intermeddle to prescribe rules for the government or form of this spirituall house . not councels , not senates . this is christs royall prerogative , which is uncommunicable to any , to all the powers on earth , &c. he adds , p. 60 , 61. we challenge you to shew us , any parliament , councell , synod , ever since the apostles , that could or can say thus , it seemed good to the holy ghost and us , to determine controversies of religion , to make and impose canons to binde all men , &c. shew this to us at this time , and we will obey . but if you cannot , as you never can ; never let any man presse upon us that scripture , that synod , which hath no parallell in the whole world , and so is no precedent or patterne , for any councell , synod , parliaments . a short answer to adam stewarts second part of his over-grown duply to the two brethren ; with certaine difficults questions easily answered : printed ( without license ) 1644. supposed to be written by mr. iohn goodwin , p. 13 , 17. but perhaps you 'l say , there is an act of parliament , a civill law declaring heresie , or any different from the state opinions , such as for the present are in fashion to be censurable by the civill power ; i answer , not without all due respect unto the lawes , and such as made them , that if there be any distinction between a church-state and a civill-state , which all christians hitherto acknowledge , the enacting civill lawes to punish spirituall offences , is not only a solecisme or impropriety in state , but an incroaching on the churches power , a profaning of the keyes , and injurious to the offender , who by this meanes is punished both beyond the degree and nature of his offence . if the blessed spirit should at any time bear witnesse unto your spirit , or unto the spirit of a whole parliament and synod , what were this to the spirits of other men ? must not they wait with patience untill the blessed spirit be pleased to visit their spirits likewise , before they can joyne with yours or the assemblies spirit ? but if the synods determination of this or that controversie should seem good unto the holy ghost , as the churches decrees of jerusalem did , must they therefore be imposed upon the countrey , the whole world ? is not this to equallize your synodall canons with those decrees of the apostolicall church of jerusalem , and to make scripture of yours , as well as theirs ? is not this to adde to scripture ? nay , to alter it , p. 28. but if king and parliament may not force a new religion or sect , suppose presbyterian , upon the kingdome , much lesse can the synod , which neither has not yet pretends as is alleaged , to use the materiall sword ? and if for matters of religion all power originally is in christ , as you sometimes acknowledge , how can king , parliament , or synod , wrest it from him ? nay what think you ? is it not secondarily in the people , as well as civill power , which you affirme in the same page ? and so doubtlesse is spirituall power , unlesse you will make god to have provided mankinde better of a safegard , or liberty to defend their bodies , than their soules : if then the spirituall power be so inherently in the people next under christ , as that they cannot so well renounce and part from it in many respects , by what they may of civill ; how can it be thought by any one , that the king , parliament , synod , though never so much importun'd by a thousand such asses , should goe about to settle a new presbyterian scotch government , with an intention to force a conformity of the whole kingdome , three quarters whereof cannot as yet be thought to submit unto it willingly or for conscience sake , pag. 32 , 33 , 34 , 35 , 36. qu. 5. is it not an ungodly thing to suffer men to be of any religion ? ans . no , for both our saviour his apostles , and the primitive christians did the same : neither is it in the power of flesh and blood to hinder it . qu. 6. is it not the most unseemely sight to see the people of one citty run seambling from their parishes to twenty conventicles where so many severall doctrines are taught ? an. no , but farre more monstrous and abominable in the eyes of god , for people of twenty severall opinions for feare or favour to assemble and joyn together hyprocritically in one way of worship or church discipline . q. 8. ought we not then at least to keepe our different opinions and religion unto our selves in obedience to the civill magistrate that commands it ? an. no , because it is better to obey god then man. qu. 9. if jesuited papists and other subtile hereticks be suffered , will they not likely seduce many unto their erronious by-pathe ? ans . though a tolleration of erronious opinions may gaine some to sathan , yet truth being therewith to be published and improved will in all probabillity , not onely gaine so many more to god ; but any one thus wonne to god , unto his truth , is worth thousands of those that fall from it . qu. 10. but may not the multiplying of heresies stifle or expell the truth like as the abounding of tares and weedes often choake the wheate and for this cause not to be permitted ? an. though it seeme to be many of the first , yet our saviour in the parable of tares . math. 13. teaches us a quite contrary doctrine , and forbids ( heresies ) the tares to be pulled up before [ the day of judgment ] the harvest . v. 30. 39. least the wheate , the children of the kingdome true professors , v. 30. 39. be therewith rooted up . qu. 21. is it not a pious act to compell a company of carelesse idle people to heare a good sermon , to do a good worke whether they will or no ; ans . no more pious an act , then for papists to use the like compulsion towards iewes and protestants , inforcing them to heare their sermons , masse , or vespers . q. 24. may not the civill goverment interpose to punish such church members with whom the spirituall by reason of their refractorinesse cannot prevaile ? answ . nothing lesse , since the civill state or government has no more power , nor vertue to make a papist turne protestant in england , then it can prevaile to make a protestant become a papist in spaine . qu. 29. but can there be any hurt in forceing refractory people to be present at religious orthodox assemblies , where if they will , they may be informed of the truth . an. yes , first because there can come no good thereof through want of willingnesse , which god onely reguards in him which is thus compelled ; and secondly , because this ( forceing ) is a doing evill that good may come thereof , which is prohibited , rom. 3. 8. the falshood of m. w. prynnes truth triumphing , &c. printed in london 1645. without license ( written by h. robinson , who hath set up a private unlicensed printing presse ) determines thus : p. 19. 20. 26. but did , the only wise god think we resolve to create man after his own image , to estate him in such a sad and execrable condition , worse then that of beasts , wolves , bears & tigres , as that he must necessarily tyrannize or be tyrannized over both in soul and body and yet it cannot possibly be otherwise ; if you will grant a power to kings , parliaments or synods , to require conformity from others in any thing which is not agreeable to their consciences ; for if such a latitude and height of iurisdiction be granted but to the more orthodox kings parliaments and synods ; both papists , lutherans , calvinists and independants pretending and really takeing themselves to be the most orthodox , are bound in conscience to lay clayme to , and put in execution this power of compelling all the world unto their uniformity , and so infallibly produce the most cursed enmity and hatred betwixt all the people but differing in opinion exceeding that of cannibals , or the profoundest of antipathics betweene any rationall creatures whatsoever . you say the oposites to parliaments ecclesiasticall jurisdictions have formerly and more especially in this present parliament addressed severall petitions to this high and honorable court for reformation of the church , &c. wherein under favour , i conceive you have mis-apprehended their proceedings & intentions , which doubtlesse was for the most part , or best affected , that the parliament , in whom they acknowledge the soveraigne power to reside , would permit , cou●tenance and encourage all godly men of gifts in preaching down heresies , errors , idolatry , popery , &c. many whereof had either beene formerly established by law , or not permitted to be preached downe , through the prelates corruption contrary to the law. this is the best , even all the reformation , which the civill magistrate , as civill , has a capassity of compassing against all heresies and errors , which must necessarily be vanquished by the sword of the spirit and cannot possibly be suppressed by carnall weapons or the civill sword ; they may destroy the flesh , but cannot properly be said to touch and worke upon the spirit . t is no small dis-service which you do both parliament and assembly , in thus exposing their proceedings , to be questioned by no little , and that the * most conscionable and best affected party of the kingdome , such spirits of contention as this of yours , were those which made the first great breach among the parliaments friends , master john goodwins theomathia , pag. 48 , 49 , 50. the generality and promiscuous multitude of the world , who have a right of nominating persons to a parliamentary trust and power , are but a secular root , out of which the independent brethren conceive , an impossibility that a spirituall extraction should be made : a man may as well bring a clean thing out of an unclean , ( in jobs expression ) as make a spirituall extraction out of this secular root , who have no authority nor power from christ to nominate or appoint who shall be the men , that shall order the affaires of christs kingdome , or institute the government of his church ; therefore there is an impossiblity that a legitimate ecclesiasticall power , should according to the minde of christ , or any precept or president of scripture be by them conferred upon any man , or that the persons so elected should have a power by vertue of such nomination or election , to enact laws or statutes in matters of religion ; & to order under mulcts and penalties , how we shall worship and serve god. section ii. comprizing their seditious , scandalous , libellous and daring passages against sundry ordinances and proceedings of this present parliament in particular not to be paralel'd in any age , nor tolerable in this . their intolerable libellous seditious passages of this nature are so many and various that i must branch them into severall heads . i shall 1. begin with their invectives against the severall ordinances of both houses of parliament , for the regulating of printing , and suppressing the great late abuses , and frequent disorders , in printing many false , scandalous , seditious , libellous and unlicensed pamphlets , to the great defamation of religion and government . john libourne in his unlicensed , printed libell , intituled , a copy of a letter to master prynne , thus declares against these ordinances pag. 2 , 3. but being that b you and the black-coats in the synod , have not dealt fairly with your antagonists , in stopping the presse against us , while things are in debate , yea , robbing us of our liberty ( as we are subjects ) in time of freedome , when the parliament is sitting , who are sufficiently able to punish that man * whatsoever he be ) that shall abuse his penne ; so that whilst we are with the hazard of our dearest lives , fighting for the subjects liberty , we are brought into egyptian bondage in this and other particulars , by the black-coats , who i am afraid will prove more cruell task masters then their deare fathers the bishops ; who cowardly sit at home , in my apprehension , for no other end but to breed faction and division amongst the c wel-affected to to the parliament , promoting thereby their owne interest , which is lazinesse , pride , covetousnesse and domination , endeavouring to lay lower then the dust , a generation of men whom they falsly call sectaries , that have in the uprightnesse of their hearts , without synodianlike ends , ventured all they have in the world for the good of the parliament , and the common-wealth of england , and who may bid defiance to all their adversaries , that brand them with unfaithfulnesse ; so that by meanes of which , i have not been able that way , yet to accomplish my earnest desire ; and truly it argues no manhood nor valour in you not the black-coats , by force to throw us downe and tye our hands , and then to fall upon us , to beat and buffet us ; for if you had not been men that had been afraid of your cause , you would have been willing to have fought and contended with us upon even ground and equall termes namely , that the d presse might be as open for us as for you , and as it was at the beginning of this parliament ; which i conceive , the parliament did of purpose , that so the free borne english subjects might enjoy their e liberty and priviledge , which the bishops had learned of the spanish inquisition to rob them of , by locking it up under the key of an imprimatur , in whose tyrannicall steps the synod treads ; so that you and they think you may rayle at us cum privilegio , and ranke us amongst the worst and basest of men , as f rooters up of parliaments , and disturbers of states and common-wealths . the scurrilous , blaspemous , unlicensed libell , stiled , the arraignment of persecution ; thus contemptuously affronts & jeers this ordinance , with the parliament , synod and directory , in the very title page ; this is licensed and printed according to holy order , but not entred into the stationers monopoly : and in the opposite page : die saturni , april . 6. 1645. it is decreed and ordained by the reverend assembly of divines , now assembled in holy convocation , that doctor burgesse and master edwands doe returne thanks unto the worthy author of this treatise , intituled , the arraignment of persecution , for his g pious endeavours and vigilant care he hath therein , at the entreaty of this synod . and it is further ordained , that they doe desire him , to print and publish the said treatise forthwith , and that it be recommended to the people , as h a divine hand-maid to the right understanding of the directory . and it is yet further decreed and ordained , that none shall presume to print or re-print the said treatise , but whom he shall authorize under his owne hand writing , till this most holy synod shall further order . scribes . henry roborough . adoniran byfield i appoint my divine cozin martin claw-clergy , printer to the assembly of divines , and none else to print this treatise . young martin mar-priest . what more audacious , jeering affront could be afforded to the commons or assembly , then this feigned libellous order ? in the book it selfe , page 2. persecution had a thousand trucks , above all the rest , for to block up all passages . stop all mouths , and fortifie himselfe round ; he turned reverend imprima●ur : and here the pursuer was at a stand ; for all was as fast as the devil and the presbyters could make it : they sought to authority to i o●en the presse , and still the presbyters ( as the custome is ) were in the way , that nothing could be done . p. 10. this fellow persecution stoppeth presses , whereby men cannot make their just defence , suffers nothing to be licensed , printed , preached , or otherwise published , but what himselfe alloweth ; and having thus bound the hands , and stopt the mouths of all good men , then he comes forth in print against them , like an armed man , and furiously assaults them , exaults and exalts himselfe over them , faineth arguments for them , and then like a valiant champion , gives them a conquering answer , and thus puts them to flight , and pursues them with revi●ings , scandals , forgeries , and opprobrious nick-names , as anababaptists , br●wnists , independents , scismatiques , heretiques : thus he dealeth with the godly party ; ( how godly you are , well appeareth to all the world by these your libellous , seditious , ungodly pamphlets . ) the libellous book in pursuance of this stiled , a sacred decretall &c. proceeds in the same language , page 24. lest they should fall upon our reare , under pretence of suppressing the kings papers , we bounded the presse with our k presbyterian compasse ; that they could not without hazard of plundering , transgresse our reverend imprimatur . then issued out witlesse scholastick tractates , against the anabaptists , &c. having thus neatly stopt their mouths , we sophisticated their arguments , &c. and then with our politick answers , we present them to the people with an imprimatur . james cranford or the like . we imploy doctor featly's devil ( a very reverend ten pound sir john ) to make a discription of the anabapti●●s , &c. and this foule spirit for the love he beares to the black-coats at the doctors decease , transmigrated into old ephram pag●t ( seldome lyes the devil dead in a dry ditch ) so that the good old man to confute the l mortality of the soule , hath made himselfe sure of an immortall spirit . many such scurrilous passages against the ordinances for regulating printing , ( made by both houses , speciall care and direction before the assembly met ) are scattered in their libellous pamphlets , which i pretermit , wherein they write , ●s if there were neither heaven nor hell . onely i shall adde , that some of these persons have acted as contemptuously against these ordinances , as they have written and printed . for master henry robinson ( the supposed author of the arraignment of persecution . a sacr●d decretal , m●●tyns eccho , and other most scurrilous , seditious libels ) hath maintained a private printing-presse , and sent for printers from amsterdam , wherewith he hath printed most of the late scandalous , libellous books against the parliament ; and though he hath been formerly sent for before the committee of examinations for this offence , which was passed by in silence ; yet he hath since presumed and proceeded herein in a farre higher straine then ever : besides john l●lburne being questioned before that committee by speciall order of the commons house for printing his libellous letter ▪ contrary to th●se ordinances ▪ hath pending his very examinations ▪ contemptuously printed and dispersed abroad his false and scandalous reasons delivered in to that committee , for printing his former libellous letter , with some marginall ●nno●ations and a scandalous , libellous petition , remonstrance ( as formerly articles ) against colonell king ; ( to omit other printed unlicensed papers ) an insolent contempt not to be parallel'd , at least not to be tolerated . secondly , i shall proceed to their libellous , scurrilous and seditious invectives against the ordinance for payment of tythes ; which iohn l●lburne in his forementioned libellous letter thus affronts charging the parliament with no lesse then perjury and breach of their covenant , for making it . page 4. 27. if you put the parliament in mind of their covenant , tell them . i think they have sworne to root out all popery , and therefore have lately abolished the common-prayer ( that great idol ) but yet have established tythes , &c. the very n root and support of popery ; which i humbly conceive is a contradiction of their covenant ; and which will be ● greater snare then the common-prayer to many of the precious consciences of gods people , whose duty is , in my judgement , to dye in prison , before they act or stoop unto so dishonourable a thing as this is to their lord and master , as to maintaine the black-coats with tythes , whom they look upon as the professed enemies of their anointed christ ; he that payes o tythes , is subject to the whole law of tythes , in which there was a lambe to be brought for a sinne offering , which is abolished ; also , he that was to take tythes , was one that was to offer sacrifice daily for sinne , which if any doe so now , it is to deny christ come in the flesh , and to be the alone sacrifice for sinne by his death , and so overthrow all our comfort , joy and hope . a most insolent , scurrilous and seditious passage to stirre up the people to rebell against this ordinance . this libell is thus seconded in the seditious pamphlet , instiled the arraignment of persecution , in the epistle dedicatory . to the reverend , learned prolocutor , assessors , the commissioners of the church of scotland , and the rest of the venerable assembly of divines now sitting in holy convocation at westminster . reverend sirs , according to my duty , at your divine entreaty i have reduced those pious instructions received from you unto such a pleasing forme as , i hope , shall not only affect , but abundantly edifie the people of this kingdome under your holy jurisdiction , for considering your spirituall care over them , and how your time hath been token up wholy in the procurement of that sacred ordinance for tythes , wisely thought o● before the directory , for he is an infidell and denieth the faith , that doth not provide for his family , &c. and pag. 26. lib. consc . my lord , the defendant smels of a fat benefice ; see , see his pockets are full of presbiterian steeples , the spires stick under his girdle , ha , ha , ha : instead of weather-cocks , every spire hath got a black-box upon it , and in it the pure and imaculate ordinance for tythes , oblations , &c. sure shortly instead of moses and aaron , and the two tables , we shall have sir simon and sir john , holding the late solemne league and covenant , and that demure , spotlesse , pretty , lovely , sacred , divine , and holy ordinance for tythes ( the two tables of our new presbyterian gospell ) painted upon all the churches in england : o brave sir simon , the bels in your pocket chime all-in , ours chime all-out ; i pray give you a funerall homily for your friends here , before you depart ; here 's twenty shillings for your paines ; you know 't is sacriledge to bring downe the price , as it was in the beginning , is now , and ever shall be ▪ world without end , amen . sop. 38. my lord , but our dissembly doctors teach otherwise ; yet i think if your lordship should settle anabaptistry or the like , even that which they now persecute and threaten , preach and pray against , and forwarne the people of as hereticall and damnable , provided you should endow it with goodly fat benefices , and sanctifie it with the halowed ordinance for tythes , offerings , oblations &c. questionlesse the generality of those persecutors of anabaptists , would have the wit to turne anabaptists , for their religion is moved upon the wheele of the state : our temporizing doctors , our state protestant ministers are not so simple to swim against the streame , they are wiser in their generation , for they know most wealth goes that way ; as long as our ordinance is laden with tythes , offerings oblations , they 'le be sure to give fire ; but should the state deprive their religion of all ecclesiasticall revenue , of parsonages , tythes , &c. yea , should it be this very presbytery they so aime at , that they should so impoverish , certainly we should have more parishes then presbyters , more steeples then doctors ; then they would not be so hot for presbytery , or zealous to persecute its opposers ; i would your lordship would make tryall ; call in but your ordinance for tythes , and turne them to the good will of people , and then — a tythe-pig will be sold for a pennie . page 44. there is this scurrilous quere put among others . 5. whether the late divine ordinance for tythes , offerings , oblations and conventions , be not better gospel , and in all presbyterian wisdome to be preferred and provided before the directory for the worship of god ? o cives , cives , quaerenda pecunia primum virtus post nummos . many more clauses of like nature are in this prophane libell , which i pretermit . but that which is the most audacious , contemptuous , seditious , publike affront of all others against the ordinance , is the prophane , scurrilous libell , intituled . a sacred decretall nor hue and cry from his superlative holinesse , sir simon synod , for the apprehension of reverend young martin mar-priest : in the front whereof there is the picture of a bull , tossing sir simon synod on his hornes , and trampling the ordinance for tythes under his feet , with this inscription upon it , ord . for tythes . and page 2. this explanation of it ; nothing appeareth but a bull tossing sir john upon his hornes , and stamping the blessed ordinance for tythes under his cloven feet ; o profane martin ! o wicked martin ! o sacrilegious martin ! o blasphemous martin ! what ? tosse a presbyter , and prophane the holy ordinance for tythes ? martin's not a benefic'd man , that 's infallible divinity ; wherefore being thus jeer'd and bul'd , we decree and ordaine &c. page 7. 8. 10. the subtill tell-tale must be taken , else all 's mart'd ; both parliament and people will understand our deceit , and then sir john may goe whistle for his tythes , if the people once understand their owne right : and that the exaction of tythes is meere theft and robbery : they 'le have the wit ( if they be wise ) to keep their owne ; cease hiring us to cheat and delude them to their faces , and we shall be laid levell with the mechanick illiterate laicks ; a wickednesse not to be mentioned in the church of god. page 10. 11. else how should we have got in our tythes , though now , god be thanked and the parliament , we have an ordinance for it : in case martin runne , push or gore at the ordinance for tythes with the right horne , at the directory with the left horne , let all the trained bands in the kingdome he speedily raised to confute him , that we may sophistically conclude our presbyterian premises , with take him goaler . martyns eccho proceeds in the like dialect , page 3. 4. 14. ( ô divine pillage , gracefull children ! ) if he had considered your pious providence to make sure the ordinance for tythes , before you could be inspired with the directory , he would first have had his 400. l. per annum with the deane of pauls house , confirmed by the ordinance of parliament upon him during his naturall life , like as our brother burges hath ( a super-episcopall induction , &c. ) if sir john synod shall renounce the ordinance of tythes , be content with the good will of the vulgar , &c. then martyn will cease libelling against him : in the mean time you are to provide that order may be taken , that the supervisers make diligent search and enquiry after all conventicles and private meetings , &c. for they are very dangerous and destructive to your proceedings ; for truly their practice and obedience to christ will make your law and gospel , your o●d . for tythes , and your directory the two great commandements , the fulfilling of the law , and the prophets , your fathers , of none effect . many such passages i find against the ordinance for tythes ; the very designe of these libellous and seditious sectaries being to incite the people to with-hold all tythes and maintainance from their ministers , and so to subvert the ministery , that none but their illiterate tub-preachers may instruct mens souls ; and this ( i feare ) brings many ministers into question as scandalous and malignant , who might else sit quiet would they desert their tythes , and renounce their ministery to please these sectaries . thirdly , i shall recite some of their contumelious libellous invectives against the ordinances of both houses of the 26 of april : that no person or persons be permitted to 〈…〉 minister . the seditious , libell●●● pamphlet intituled ▪ a sacred synodicall decretal ; or 〈…〉 from 〈◊〉 simon synod , for the apprehending of martyn ma-priest : ( the quintessence of scurrility , blasphemy and sedition ) writes thus , pag. 5. yea hee 'l not stick to tell the people , that the inhans●●ng and ingrossing of interpretations , preachings and discipline into our owne hands , is a meere monopoly of the spirit , worse then the monopoly of soape , &c. and that the new ordinance of the 26. of april , that no person or persons be permitted to preach that is not ordained a minister , &c. is but a patent of the spirit , to get the whole trade into their owne hands , and so rob the people with what ware , and of what price we please , thereby onely to advance and enrich themselves , impoverish and delude them , look in their faces and pick their pockets : if preaching should not be reduc'd and confined in the ancient bounds of the clergy , the mechanicks would out-strip the scholasticks in teaching and * knowledge would so encrease and multip●y among the common-people , and preaching grow so common with them , that we should grow out of esteem , and all things that are good and dainty depart from us ; therefore it was wisely prevented in time . pag. 17. martyn will tell the people , that we ( sir simon synod ) forged the new ordinance ( that none may preach that is not ordained minister , on purpose to make the sectaries fly before us ( to use the doctors phrase ) like lightning before the thunder . their preaching in the army is very destructive to our cloth ; therefore the ordinance was wisely commended to his excellency sir thomas fairfax to be executed there , which occasioned a pretty story betwixt an english-man and one of jemmy's owne countrymen : quoth the scotch-man , man , is it fit that colonell cromwels souldiers should preach in their quarters , to take away the ministeriall function out of the ministers hands ? why man ( quoth the english man ) doe they so ? quoth the scotch-man , i say man it is a common thing amongst them ; truly saith the english man , i remember they made a gallant sermon at marston-moore neer york ( where they were instruments to save this kingdome ) but your country-men were in such a fright , they durst not stay to heare them : martin prayes ( notwithstanding the ordinance ) they may make many such sermons , for that was one of the best sermons that hath been preached in the kingdome since our troubles began . pag. 21. indeed sir johns gummes being lately rub'd with a parliament corall ( the late ordinance that none may treach that is not ordained a minister ) is mad to put his boarish tuskes , his huge great iron fangs in execution ; to devour , rend , teare and crush these hereticks . and therefore we wisely consulted among our selves of a committee of examinations to be chosen out of us . it must not be esteemed a court of inquisition ▪ that 's popery : nor a renovation of the high-commission that 's antichristian ; onely an inlet to a thorow reformation , that 's a godly name and may doe much good ▪ &c. how contemptuously they have opposed this very ordinance in their practise , sending our their emissaries , captaines and souldiers every where to preach in corners , and giving tickets of the time and place of their conventicles ( some of them boasting of working miracles , and casting devils out of men possessed by their exercis●es at the jesuits and papists doe ) is so experimentally knowne to all and proved before the committee of examinations , in the case of captaine ( newly ) hobson , a taylor , and his confederate lay-preachers , who lately exercised their new ministerial function neer neuport painel , railing against our church , ministery and childrens baptisme , that it needs rather reformation by , then information to the higher powers . i shall close this section with some generall passages , affronting and jeering all ordinances of parliament in direct termes . the new most seditious libell , called martyns eccho , published the last week , stiles ordinances of parliament toyes : page 11. you must be carefull that your directory and all other yout ecclesiastical acts , be with great sanctity and reverence ador'd amongst the people , or else your esteem will goe downe ; and this cannot be done without some severe lawes , ordinances and the like to that end , which you must put the parliament upon ; you know your power and influence upon them , they 'le gratifie you with svch toyes , &c. the late seditious pamphlet , stiled a sacred decretal , is yet more vile ; pag. 3. 4. o ye classicall clerks and sextous of the three kingdomes , demolish and pull downe all the martyns nests from your church-wals and steeples , and have a spirituall care ( as you will answer the contempt of the new ordinance ) that hereafter no birds build , chatter , doe their businesse , or sing there , but church-owles , jack-dawes , otherwise called sir johns , blind bats , presbyterian woodcocks , and the like : o ye two houses of parliament , make another ordinance to make all the martins flye the three kingdomes the next midsommer with cuckowes and swallowes , that we may have a blew-cap reformation among bats , owles , jack-dawes and woodcocks ( and then blew-cap for us . ) i could furnish you with more such independent stuffe , but i am loth to defile more paper with this infernal language of rai●ing rabshakeh's ; and shall here appeale to every ingenuous mans conscience , whether he can with any shadow of reason or charity beleeve , that this froward , libellous generation of independent sectaries , who thus publikely libell , inveigh and oppose themselves against the jurisdiction , ordinances and proceedings of parliament , are the most p holy , religious , conscientious , best affected party ; the most precious saints and generation of gods dearest ones ; the parliaments best and faithfullest friends who have to their utmost power , and divers of them beyond their ability , supported & ventured their lives in the parliaments cause and service ; doing them more reall and faithfull service then any other generation of men in england , and the onely vindicators of the parliaments priviledges and subjects liberties against presbiterian and synodical usurpations ; ( as they boast in every one of these their libels against the parliament and its proceedings ; ) or whether they are nor in truth those q despisers of government , those evill speakers against dignities , those resisters of the higher powers , prophecied of the last times ; who have forgotten saint paul's canon , rom. 13. 1. let every soule be subject to the higher powers , &c. and tit. 3. put them in mind to be subject to principalities and powers , to obey magistrates , &c. yea , the most desperate unparallel'd , publike contemners , affronters , deriders of the parliaments power , ordinances , proceedings that ever breathed in our english climate : who under the pretext name and colour of the wel-affected , faithfull , godly party , and stoutest champions for the parliament , endeavour by degrees to advance themselves ( by policy and the sword ) above it , and trample its authority ( as they doe the ordinance for tythes , and others ) in the very front of their sacred decretal , under their cloven feet . doubtlesse they can never fight cordially for the parliament and its proceedings ( but onely for their owne designes and interests ) who that seditiously , contemptuously speak , write , print against them ; and if their insolencies against the parliament , synod , magistrates , be already growne so intolerable , whiles their faction is yet but in the birth , how transcendently arogant and contumelious will they prove when they have accroached greater power , both in our armies and councels ? god give our supreame councell hearts , wisdome , zeale and fervency seriously to suppresse and punish these epidemicall growing insolencies in due time , for feare they become masterlesse , remedilesse in the end ; else these anabaptistical sectaries , these germane opinions and practises will ( i feare ) sodainly involve us in the germane , anabaptisticall distractions , insolencies , warres and disolations , recorded by sleidan and others , for englands admonition . section iii. containing scandalous , seditious , scurrilous passages against the nationall vow and covenant , prescribed by parliament . this national vow and covenant was deemed at first the onely probable means under god to unite our three kingdomes and the protestant party of all sorts together in a mutuall , brotherly , inviolable league against the common enemies of our religion , parliament , lawes and liberties : it was therefore universally prescribed to the members of both houses , the assembly of divines , lawyers of all sorts , the officers and souldiers in the army , and to the ministers and people of all conditions under the parliaments power in all our three dominions , being refused , oppugned at first apparently by none but papists , royalists or malignants : and the houses were so impartiall in the prescription of it , that such members of the lords or commons house , who did but scruple the taking of it , were suspended the houses till they did conforme . but now of late , a generation of independent sectaries , conceiving this covenant to thwart their licentious , schismaticall whimseys , not onely generally refuse to take it , and plead a speciall priviledge and exemption from it ( as if they were more priviledged persons then any peeres , commons or subjects whatsoever , and must be left at large to doe what they lift , when all others are obliged , ( and which is strange to me and others , some independent ministers , ) if not members of parliament who have taken it themselves , and enjoyned it to others , have yet adventured to plead for an exemption of this meer refractory party from it , which much encourageth them in their obstinate refusall of it , and hath so animated this seditious , lawlesse generation , that they have lately in print , not onely oppugned , but derided , libelled against this sacred covenant ( which we have all most solemnly in gods presence sworne , and under our hands subscribed to maintaine to the utmost of our power , euen with the hazard of our lives and fortunes ) which , i beseech you , let us all now most chearfully , really observe , by proceeding against the contemners infringers of it , or else for ever as readily , as solemnly renounce it , to our eternall infamy , as we at first chearfully subscribed to it . i shall begin with john lilbournes letter : pag. 6. 7. it may be in stead of satisfying my desire , you will run and complaine to the parliament , and presse them with their covenant , to take vengeance upon me . if you doe , i weigh is not ; for i blesse god i am fitted to doe or suffer whatsoever the parliament shall impose upon me ; but if you doe , take these two along with you : if you put them in mind of their covenant , tell them , i think they have sworne to root out all popery , but yet have established tythes , the very root and support of popery , which i humbly conceive is a contradiction to their covenant &c. a bold censure and scandall . the arraignment of persecution , thus traduceth and jeers the reverend assembly of divines and covenannt together : page 33. 34. persecution , is thy name perfect reformation ? perse . yes my lord : judge . who gave you this name ? i , reason , his god-fathers & god-mothers in his baptisme , wherin he was made a member of the assembly , and an inheritor of the kingdome of antichrist . judge , who are your god-fathers and god-mothers ? pers . my lord , master ecclesiasticall supremacy , and master scotch-government are my god-fathers ; mistris state-ambition , and mistris church-revenue are my god-mothers , and i was sprinkled into the assembly of divines at the taking of the late solemne leagve and covenant . judg. 't is strange that at the making of the late solemne league and covenant , blood-thirsty persecution should be anabaptized present reformation : then here 's a designe of blood in the covenant , if under the name of reformation the clergy have infused the trayterous , blood-thirsty spirit of persecution into it . j. human. my lord , there was never any nationall or provinciall synod but strengthned the hand of persecution , and that under the vizor of religion , j. reason , as soon as these underling divines are from under their episcopall taskmasters , and beginning to encroach upon your lordships power , they presently take this notorious , bloody traytor persecution , stript by your lordship of his high-commission habit , and out of their zeale dresse him in a divine synodicall garbe , and change name from persecution , and christen him reformation , so to engage your lordship and the kingdome of england and scotland in blood , to settle and establish bloody persecution by covenant , over the consciences of honest and faithfull men to the state , under the specious and godly pretence of reformation : page 39. by the late solemne leagve and covenant , good lord deliver us . the sacred decretal runnes in the same straine : page 13. 19. when we had introduc'd the brethren of the holy league , we so joyned their hands in the synodian hands of presbytery ▪ that their league could not be inviolate , their covenant ( the bed of their contract ) undefiled if our presbitry were not concluded . martyn will tell the people , that we contrive oaths and covenants meerly to ensnare and catch the people in our wiles ; make them carry a face of reformation according to the word of god , and thereby betray their innocent subscription to our presbyterian construction . john lilbourne in the unlicensed printed reasons of sending this letter ; pag 4. complaines against the parliament ; that the covenant was as earnestly prest upon tender consciences , though their faithfulnesse were no what doubtfull , as upon newtrals and malignants , and refusing , because of some expressions , put from offices of trust , and publike imployments . yet most of our sectaries and independents ( in immitation of the cavaleers ) have entred into ants covenants against this solemne covenant , in their private congregations , to defend● and maintaine their owne independent government even to blood &c. whatever forme of government the parliament shall establish ; the very extremity and height of seisme and sedition , if not of professed rebellion against supreame authority ; which makes them thus to villifie , traduce and contemptuously refuse the taking of this solemn covenant , and plead exemption from it , for feare of dis-ingaging so faithfull considerable a party as they have in the army ; who in time ( perchance ) will prescribe their new church-covenants unto us , or else exclude us from our native soyle , as now they doe from their independent congregations and the sacraments , unlesse we will submit unto them . section iv. containing sundry scurrilous , seditious , libellous , railing and blasphemous invectives against the assembly of divines , the presbyterian members of it , and their proceedings , though summoned , nominated , continued and directed in all things by ordinances of both houses of parliament . before this assembly met by order of both houses , or had given intimation what kind of ecclesiasticall government they intended to fix upon , our independent sectaries not only petitioned for such an assembly to be called , but made meanes that as many of their party as possible might be elected members of it . but when at last they discerned the assembly and parliament to dis-affect their anomolous , absurd independent way , as having no foundation in divinity nor policy , and tending to utter confusion in church , state ; and thereupon to incline to a presbiteriall government , embraced by all reformed churches in the christian world ; upon this they presently begin to declaime against the assembly and their proceedings in private , and soon after to libell against them in-publike , with such unchristian , uncivill , approbrious , billingsgate termes , as ( i am confident ) no oxford aulicus or satyricall cavaleere is able to paralell , their very tongues and pens , being doubtlesse r set on fire of hell : and not contented herewith , they lately conspired together to exhibit a petition to the parliament , for present dissolving the assembly and sending them hence to country cures ( to prevent the setling of any church-government , ) to which end , they met at the windmil taverne , where lievteu . col. john lilbourne ( a fit instrument for such a seditious designe ) sate in the chaire , and master hugh peter suggested the advice , which was accordingly inserted into the petition ; but the counsell-men ( smelling out the designe ) when the petition came to their hands , most discreetly left out that request , as seditious and unjust ; which yet the libellous author of martyns echho . page 15. hath since in wish renewed in these scandalous termes . you have as neere as you can made a third party , in labouring by your jesuiticall machiavilian subtilty , to divide the parliament , contrary to the trust reposed in them from the godly party , who have assisted them with their estates and blood , and to deny those their faithfull friends of their just deservings , their purchased freedomes , which should they doe , they would be branded as infamous to posterity , even unfaithfull , ungratefull , &c. at meliora spero , i hope better of them if your wicked machiavilian assembly were but taken from them and sent to their particular charges . in what sort they have libelled against them , hath partly appeared in other sections , but i shall give you a more particular account thereof in this . i shall begin with that most infamous , seditious , railing libell , intituled , the arraignment of persecution , the whole scope whereof against the assembly , is thus boldly expressed in the very title page , the arraignment of master persecution , presented to the consideration of the house of commons , and to all the common people of england : in the prosecution whereof , the iesuiticall designes and secret encroachments of his defendants , sir simon synod , and the john of all sir johns , sir john presbiter , upon the liberty of the subject , is detected and laid open , by reverend young martyn marpriest , sonne to old martyn the metropolitan ; printed by martyn claw-clergy , printer to the reverend assembly of divines , for bartholinew bang-priest , and are to be sold at his shop in toleration-street , at the signe of the subjects liberty , right opposite to persecution-court , 1645. the seigned license and epistle dedicatory to the assembly before it are altogether libellous , as is the whole book , against the assembly and its members : i shall give you only a taste of some phrases and epithites in it , viz. such a holy such a reverend assembly , such a quagmire of croaking , skip-jack presbiters , a reverend synodian , disguised with a sophisticall paire of breeches , saving your presence in bocardo , sir simon synod : new upstart frisking presbiters , synodian cormorants , the synodian whore of babylon ; the traiterous synod , called the assembly of divines , presbiterian horse-leeches , blood thirsty cattle ; this great gore-bellied idoll called the assembly of divines , arch-jesuiticall traytors ; the jesuiticall and traiterous designes of the synod ; our dissembly doctors , a consistory of devils , and the like . these be the charitable , modest , independent epithites which this libeller bestowes upon them . see next his libellous and blasphemous speeches against and censure of them , and the good end his charity wisheth to them . page 1● . the synod is guided by the holy ghost sent in a cloke-bagge from scotland , as of old from rome in the councell of trent : because the assembly have sadled the parliament , it is unlawfull for the presbiters to goe on foot : page 29. the traiterous synod called the assembly of divines , labours with might and main to establish and settle this traiterous spirit ( of persecution ) in the land . page 35. 36. it is most certaine that this fellow , whose name sir simon faineth to be reformation , is absolute persecution , so that had these reformers but as much power as queen marie's clergy , their reformation , would conclude in fire and faggot . judg. oh insufferable assembly ! i see , 't is dangerous for a state to pin their faith upon the sleeve of the clergy . j. reason . further my lord , whereas others are impoverished , spend their estates , engage and loose their lives in this quarrell they are enriched and advanced by it , save their purses and persons , cram and fill their greedy guts , too filthy to be carried to a beare , heap up wealth to themselves , and give not a penny , while others ( against whom they exclaime ) venture and expend all ; yea my lord , this great gorebelly idol , called the assembly of divines , is not ashamed in this time of state-necessity , to gull up and devour more at one meale , then would make a feast for bel and the dragon : for besides all their fat benefices , forsooth they must have their foure shillings apeece by the day for sitting in constollidation , and poore men , when they had filled all benefices with good trencher-men of their owne presbiterian tribe , they move your lorpship , that all ministers may be s wholy freed from all taxations , that now the trade of presbiter is the best trade in england ; all are taxed , and it goes free ; poore men that have no bread to still the cry of their children , must either pay and goe in person to the warres , while these devouring church lubbers live at ease , feed on dainties , neither pay nor goe themselves , but preach out our very hearts ; they make it a case of conscience to give all , but wise men they 'le give none : let the sick , the lame and maimed souldiers , and those that have lost their limbs and begge in streets ; let women that have lost their husbands , let parents that have lost their children , let children that have lost their parents , and let all that have or suffer oppression and misery in and for the publike cause consider this , and be no longer ridden and jaded by clergy masters ; but to give the devill his due , one thing to their commendations i have observed , that they are so zealously affected with the honour of their cloth , that 't were pitty to disrobe them of their cassock garbe , to be led in a string from westminster to algate in leatherne jackets , and mattockes on their shoulders : and my lord , though some thinke they would doe the state more good in leatherne jackets and mattockes , then in long cloakes and cassockes , yet my think they would doe the state better service with their canonical girdles , were the knot tyed in the right place . page 36. 37. primacy , metropolitanisme , prelacy , &c. are shrunk into the presbytery , and our high-commission turned into an assembly of divines . my lord , they have sate even till they have runne mad , you might doe well to adjourne , them to bedlam ; for my lord , they are raging mad to have the innocent blood of the anabaptists , brownists , independents &c. my lord , they have over-studied themselves & even wracked their wits to find out a religion for us ; poore men they have beene mightily puzled about it , it hath cost them the consumption of many : fat pig , chicken , capon , &c. the infusion of many a cup of sacke to bring it to birth , and after such dolorous pangs and bitter troubles for almost these two yeers , who would have thought they would be delivered of such a ridiculous vermine , called a presbyter ; parturiunt montes , nascitur ridiculus mus : and now my lord , after this montanous delivery , they are at their wits end , what dressing to put it out in ; all the taylors in the kingdome are not able to content them , what to doe they know not , and now the matter 's worse then ever it was ; they had thought to have shewne the world it in the godly shape of reformation , but upon examination , 't is found to be persecution ; a sad event ! there is no way now but bedlam for our doctors , it may chance to chastise them into their wits againe , and then upon their second thoughts , it may be , they 're bethink themselves to put a blew bonnet upon'● , and then it will passe from england to scotland , and scotland to england againe without question or controle . page 93. good my lord have mercy upon me ; i beseech your honour even for the clergy sake have mercy upon me ; consider my lord , that in my death is their ruine , it will be the greatest inroad upon the divines of christendome , that ever was made : oh! i beseech you my lord. by the mystery of their holy convocation , by their agony and bloody sweat , by their crosse and passion , at my shamefull approaching death and burial , good lord deliver me . by their glorious resurrection and assention from the pulpit above the state ; by the comming of the holy ghost to them in a cloak-bag from scotland , good lord deliver me . by the late solemne league and covenant ; by the 400. and 50. l. for the copy of their directory , because they could get no more , by all the fat benefices and goodly revenues of the clergy , good lord deliver me . page 43. 44. it is the sentence of this court concerning sir simon and sir iohn presbyter , who have thus jesuitically endeavoured to pervert the justce of this court , that sir simon be committed close prisoner to king henry the eights chappell , there to be kept in parliamentary safe custody , till the great assiges , held in the first yeere of the raigne of our soveraigne lord christ ( when the kingdom and the greatnesse of the kingdoms under the whole heaven shall be given to the saints of the most high ) there and then to be arraigned with the rest of his holy tribe ▪ whether universal , national , provincial or consistorial counsels or synods , whatsoever before his highnesse the king of kings and lord of lords ; and my lord in the meane time to keep his holinesse in action , i beseech your honour that he may synodicate , a full resolution to these ensuing queries , 1. whether it doth not as much conduce to the subjects liberty still to be subjected to episcopal usurpation , as to be given over to presbyterian cruelty ? whether saint peters chaire doth not become a presbyter , as well as a bishop ? &c. as for sir john presbit●r , this court hath voted him to the uncleane , filthy , impious ▪ unholy dark and worldly dungeon , called jure humano , &c. as for persecution , the sentence of this court is , that thou shalt return to the place from whence thou camest to wit the noysome and filthy cage of every uncleane and hateful bird , the clergy of christendome there to be fast bound with inquisition , synodical , classical , pres●byter , al chains , untill the appearing of that great and terrible j●dge of the whole earth ; who shall take thee alive , with sir simon and his sonne sir john and cast thee with them and their confederates into the lake of fire and brimstone , where the beast and the false prophet are , there to be tormented day and right 〈◊〉 ever and ever . here is the independents incomparible charity to the assembly , presbyters and their adherents , to adjudge them thus to eternall torments in the fiery lak● ; i fear their new-lights originally sprung upthence , without more charity , sobriety , will undoubtedly be extinguished in this fiery region which they allot to others : the rest of the invectives against the assembly and presbytery in this persecuting arraignment . i shall passe by in silence and proceed to some fresher scurrilites of this kind . i find another most scurrlous libell against the assembly and their proceedings thus intituled ; a sacred decretall , or hue and cry from his superlative holinesse sir simon synod , for the apprehension of reverend young martin ma●-priest ; wherein are displayed many witty synodian conceits , both pleasant and commodious ; printed by martin claw-clergy , printer to the reverend assembly of divines , for bartholmew bang-priest , and are to be sold at his shop in toleration-street , at the signe of the subjects liberty , right opposite to persecution● court , and it concludes thus , given at our court of inquisition in king henry the sevenths chappel june 6. 1635. william twisse , prolocutor . cornelius burges assessor . iohn white , assessor . adoniran byfield hen. roborough s●ibes . this libell brings in the assembly , blasphemously abusing the sacred scripture names of god ( as el , eloim , jah , theos , adonas , &c. ) in synodicall convocation , classicall and presbiteriall exorcismes : & pag. 2. gives the assembly and presbiters these most scurrilous , railing epithites ; classicall bore-p●gges , divine , white-faced bull-calves ; presbyterian turkey-cocks , bidding them advance their learned coxcombs , &c. church-owles , jack-dawes , blind bats , presbyterian wood-cockes , presbyterian hangmen cruell executioners , terrible tormenters , synodian canibals , the ravenous tythe-panched numerous headed hydra of divines : the holy ravenous order of syon-jesuits , absolute jesuites , onely a little worse : it begins thus , page 1. we the parliament of divines now assembly in holy convocation at westminster , taking into our grave , learned and pious consideration , all the goodly fat benefices of the kingdome , the reverend estimation , honour and supremacy due unto the clergy , and out of a godly care and pious providence as becommeth divines ▪ for our owne guts , having used all subtilty and policy we in our divine wisdomes could devise , to take a goodly possession of the dearly beloved glorious inheritance of our fathers the late lord bishops , their divine supremacy , their sweet , their wholsome and nourishing revenues , their deare , delicate , toothsome tythes , most supernaturall and pleasant to a divine pallate : after which it cals them the p●issant assembly of divines ( lords paramount over church and state ) in parliament assembled at westminster , divine merchants , &c. avers p. 18. that the order . jesuits may become disciples to the order of presby●ers for equivocations , mentall reservations , dispensations of oathes , covenants , &c. chargeth the assembly , p. 6. for dealing craft●ly with the parliament and cheating the state. adding this most scandalous , seditions passage , extreamly derogatory to the parliaments honour . as the way of a serpent upon a rock is unknowable , so have our circumventions , underminigs and subtill contrivances beene ever invisible , insensible to them , and so silently , secretly and gradually , have intic'd them with the bait of religion ; and caught them with a synodian hooke ; we held out the league and covenant , the cause of god , and the like , to the kingdome , and at length plucks up a fish called a parliament out of their proper magisteriall element , into our synodian spirituallity ; and thus neatly wrested the scepter out of their bands , that they neither know nor perceive it ; that in truth the assembly is dissembled into the parliament , and the two houses made but a stalking horse to the designes of the clergy : they say it is decreed and ordained by the lords and commons , &c. but in plaine english , it is the assembly of divines ; 't is true , 't is the lords and commons in the history , but the assembly of divines in the mystery , as martin wisely hinted in his license before the booke of the arraignment ; for we are become the whole directive and coercive power both in church and state , a supremacy due unto us , as well as to the pope ; and though we give them ( as men doe bables to children ) the title of making and judging of lawes , to please them , yet with such distinctions and limitations ( to speak this under the rose ) that we intend for our selves , that which we give unto them , even as our brethren of the society of iesu doe concerning his holinesse the pope , in the infallibility and temporall power : this honour and priviledge was of divine right given , and anciently enjoyed by our reverend fathers the bishops ; and why should not we be heires unto it by our legitimate lineall descent ? all lawes , statutes and ordinances , both concerning church and state , were decreed , ordained and enacted by the lords spiritual and temporal , &c. and why not now by the assembly of divines and parliament now assembled at westminster ? this is not yet in the history , for indeed our matter is not yet ripe for such a discovery , &c. as all other wicked men , so these seditions libellers grow worse and worse ; their next most seditious libell against the assembly and parliaments proceedings being intituled , martins eccho , or a remonstrance from his holinesse reverend young martin mar-priest , responsory to the late sacred synodical decretal ; in all humility presented to the reverend pious and grave consideration of the right reverend father in god , the universall bishop of our soules his superlative holinesse sir simon synod . it begins thus . whereas his holinesse reverend young martin mar-priest ; taking into his grave and learned consideration the insufferable arrogance of our ambitions , aspiring presbytery their super-prelaticall supremacy , their ravenous blood-thirsty malice against the poor saints of the most high god , their inordinate , insatiable covetousnesse after the fat things of the land , their unparallel'd hypocrisie , their plausible pretences ▪ their incomprehensible policy , craft and subtilty ; their cunning insensible encroachments upon the priviledges of parliament , the just liberties of and freedome of the people ; their inchanting delusions wherewith they bewitch both parliament and multitude , the cruell thraldome , inhumane slavery , insufferable bondage they would reforme us and our children unto from generation to generation ; their powerfull endeavours to make the parliament betray their trust , break their oathes , pull downe old courts of tyranny and oppression , to set up new ; free us from episcopall persecution , to devour us with presbyterian cruelty ; convey our naturall rights and freedome to the pontifical usurpation of the clergy , that neither we nor our children after us ( notwithstanding the expence of our estates ruine of our families , effusion of our blood to redeem them ) may live in the land without the hazard of imprisonment , losse of goods , banishment , hanging &c. except we be presbiterian : these and many other things of high concernment , reverend young martin taking into his serious and deliberate consideration ▪ and seeing this eminent , irrecoverable ruine ready to devour both parliament and people hang over their heads , threatning certaine destruction to us and our posterity , if not timely and sodainly prevented : hereupon his holinesse reverend young martin , out of sincerity to god , and naturall love unto his distressed country , most willingly became servant to your superlative holinesse , to ease your burthen in this your toylsome time of classical exaltation of a little state ambition and spiritual supremacy & as much as in him lyeth , to vindicate the priviledge of parliament , our birth-rights and native freedome from your divine spirituality , that you may have the more time to stuffe your guts extend your panches eram your bellies , farcinate your ventricles t s●ort out directories , blurt out ordinances , grin at christ , swell at his sectaries , and for his meritorious pious endeavours martin expected a reward , as very justly he might ; but to cloake your covetousnesse and ingratitude , you pick quarrels against him for some small failings in his treatise ; i hope you will deale better with master prynne for his midnight dreames his distracted subitane apprehensions , i can tell you he expects it : but martin might have considered your ingratitude to the lord bishops , from whom formerly you received the holy ghost with all your spirituall preferments , and were first put into a capacity of lording it , as you now doe over the people ; whom , like ungracious children , viperous vermine , inhumane canibals , notwithstanding their grace and favour ; you have devoured up , and share their inheritance amongst you . ( o divine pilage ! gratefull children ! ) &c. page 4. 5. yet that his holinesse ( like yours ) might appeare immaculate and infallible to the whole world ; martin proclaimeth and demonstrates to all persons ecclesiasticall , by what name or title soever dignified or distinguished , whether arch-bishop calamie 's , or other inferiour single-sold presbyters ; that his holinesse , reverend young martin mar-priest , freely offerereth plenary pardon and remission to that traiterous , blood-thirsty man-eater sir simon synod , for his foule ingratitude , his malicious , mischievous , murtherous debates , consultations and conclusions , to shed the blood of his holinesse reverend young martin mar-priest , and deliver him as a prey to the monstrous huge iron faings and venomous boarish tuskes of his sonne jocke , and his bloody crue ( breake their teeth o god in their mouth ; break out the teeth of the young lyons o lord ; ) if the said savage , barbarous caniball sir simon synod , the next day of humiliation after the publishing hereof , shall very penetentially ( as if he were to preach a fast sermon ) come in unto reverend martin , and humbly submit himselfe to his holinesse , at his sanctuary in toleration-street , right opposite to state-opression and synodian tyranny ; and there humbly before reverend young martin confesse his evill , acknowledge his errors , a●d be heartily sorry for the same ; live sociably and quietly amongst his neighbours , never molest or injure any man for conscience , suffer his teeth and nayles to be pluckt out and pared by an honest independent barber , that hereafter he may never bite nor scratch ; and then peaceably returne to his parochial charge , render up all the goodly fat benefices in the kingdome to supply the necessities of the state , pay their arreares in the army gratifie their sicke , same and maimed souldiers with a reward more honourable ( according to their deserts ) then a tiket to begge ; supply the calamity , poverty and misery of poore widowes and orphans , whose deare husbands and fathers have been slaine in the service of the state , and not ( out of synodian state-policy ) to save their charity , subject the innocent babes to be led by the spirit into indian deserts and wildernesses , and under pretence of authority , rob the tender mothers of the fruit of their wombs ( a wickednesse insufferable in a common-wealth ) and to send the free-borne out of their native protection to forraigne destruction , least the cry of the fatherlesse and widowes should call for reliefe out of their fat benefices pontificiall revenues , &c. o the covetousnesse of the priests and the mercy of god ( as the germane saith ) endure for ever : if he shall hereto assent , renounce the ordinance of tythes , be content with the good will of the vulger , lay downe his state-ambition and usurpation of the civill power , suffer the commons of the land ( both rich and poore ) which are free-borne people , to enjoy quietly their owne nationall freedome , &c. he will not deride you any more . but if sir simon shall reject this grace and favour freely offered to him and to all the sir iohns in the kingdome by his holinesse , reverend young martin mar-priest , out of his divine clemency thus graciously extended from his holinesse proclaimeth to the whole assembly of sir iohns and to the whole kingdome , that come bondage , come liberty , come life come death ; come what come will , by the grace of god , young martin is resolved to u●mask your vilany to posterity , and lay a foundation for a future ; it not for the present recovery of the priviledge of parliament , and liberties of the common people from your synodicall , classicall presbyterian predominancy ; and therefore sir simon be advised betime , accept of this grace and favour offered , harden not your hearts as in the dayes of the bishops , lest the fierce wrath of the lord , even sodaine destruction fall upon you as it did upon them ; for be assured , swift and fearfull destruction and ruine does attend you and the lord will avenge his quarrell at your hands and as it is done unto your fathers the bishops , so shall it be done unto you ; and if your rising ambition be not sodainly repel'd your rise●reign and fall will be terrible to the kingdom : you may delude the people a while , but the time hasteneth that the x people wil cal you to an account the lord grant it be not , as i fear y by the sword. he addes p. 5. 6. well sir simon , if you will not mend your manners , martin will observe all your postures , and tels you plainly , that hee 'l not only fall upon your bones himselfe , but hee l set his celestiall brother . christopher scal●●kie his catechisticall brother , rouland rattle-priest , his divine brethren martin claw-clergy . bartholmew bang-priest , all upon your back , and amongst us all , we shall in time turne up the foundation of your classicall supremacy , and pull down your synod your spheare about your ears ; behold a troop commeth sir simon , martin is of the tribe of gad , though a host of sir iohns overcome him , yet he shal over come at last , yea , heel 'e jeere you out of your black cloaks , and make you ashamed of king henry the seventh's chappell , and he glad to work with your hands , or to be content with the good will of the vulgar , and then it will too late to compound with reverend martin and his divine brethren , therefore consider with your selfe sir simon before the mighty acts of the house of martin be come forth against you ; we do not intend to dally with you , wee 'l handle you with mittins , thwack your cassocks , rattle your jackets , stamp upon the panch of your villany , and squeze out the filth and garbidge of your iniquity , till you stink in the nostrils of the common people ; yea , wee 'l beat you and your sonne jack , guts and all , into a mouse-hole . there 's no one of martins tribe , but is a man of mettall , and hates a tithe-devouring persecuting priest , as he hates the devill , scornes their bribes , and bids defiance to their malice . these are to advise you , sir simon turne ye to martin in tolleration-street , ye stiffe necked generation of priests , lest the fierce wrath and sore displeasure of mighty martin fall upon you , confound you and your whole , sir johns generation , root and branch ; hearken ye rebellious assembly unto martin , persecute no more , take no more tithes , be content with the good will of the vulgar . whether these most seditious menacing passages and railing libels against the assembly , presbytery , and all ecclesiasticall parliamentary proceedings , be not published in print by seditious seectaries to stirre up the people to mutinie against the parliament , assembly , ministery , to fire us into new civill warres and commotions among our selves , and that by the underhand plots of some jesuiticall spirits , and malignant royallists , i shall humbly submit to the saddest thoughts of our supreame councell , which is best able to judge of them , and most able to prevent the eminent dangers which they doe portend . i shall close this section with a new printed libell , intituled , the nativity of sir iohn presbyter ; dedicated , to the right worshipfull the : ass : of divines , assembled at westminster ; with a most rayling libellous epistle ; to which these verses in derision of it are subjoyned . reverend assembly up , arise , and jogge , for you have fairly fisht and caught a frog . now have you set two years , pray can you tell a man the way that christ went downe to hell ? in these two years what can a wise man think that ye have done , ought else but eat and drink ? presbyterie ( climb'd up to the top of fame ) directory and all from scotland came ; o monstrous idlenesse ! alack and welly , our learned rabbies minds nought but their belly . section v. containing libellous , scurrilous , prophane , and unchristian passages against the directory , established by ordinance of parliament . you have met with some of these invectives already in the preceding sections , which i shall not repeat ; but only adde two or three passages more of this nature , full of athesticall and blasphemous scurrillity . the araignment of persecution , p. 44. desires , that his holinesse sir simon synod my synodecate a full resolution to these ensuing queres . whether it would not have been more profitable for the kingdome of england to have forth with hired a coach and twelve horses , to have set a directory from scotland ; then to have spent the learned consultations , pious debates , and sacred conclusions of such an holy , such a reverend , such a heavenly , such a godly , such a learned , such a pious , such a grave , such a wise , such a solid , such a discreet , such a spirituall , such an evangelicall , such an infallible , such a venerable , such a super-celestioll queer of angels , such a suparlative assembly of divines ; for almost these two yeares space , after the profuse and vast expence of above forty thousand pounds , besides their goodly fat benefices , upon their devouring guts , for an english directory of worship , equivalent to the scotch directory ? whether this directory standing in so many thousands to sumble it together , and the copy sold at 400 and 50 l. be not of more value then the writings of the prophets and apostles ? the sacred synodicall decretall or hue and cry , useth the like dialect , p. 23. be it secula seculorum , as authentick as the directory , &c. we had better have set two years longer in our most holy consultations , and made our forty thousand four hundred pound directory , a directory of fourscore thousand eight hundred pound value . pag. 5. martin will tell the country , that we sanctifie our new directory gospell , but to the temper of the city : tell the city , that the country people know not what to do with it , except to stop their bottles , unlesse we spend the state the other odde trifle of 40000 pounds , to divide it into chapters and verses ( the lord put it into their hearts ; ) and that as the truth is , its sanctity is only grounded upon the divine ordinance for tithes , ( some wiser then some ) for no longer penny , no longer pater-noster , i will defile no more paper with such horrid blasphemies ; only adde , that martins ecco , p. 12. makes the parliaments endeavouring to establish the directory the cause of the losse of leicester , in these words : and now the parliament being busied to fortifie your directory , &c. in the mean time leicester is taken , thousands are put to the sword , &c. which is sufficiently answered , by sir thomas fairfax routing the kings whole army and re-taking leicester , even whiles the parliament was most busie in fortifying the directory . but i proceed to another section . section vi. containing their libellous , scandalous , seditious passages , against our brethren of scotland , to raise divisione between us and them , contrary to the act of pacification , and the late solemne league and covenant . many are their intolerable libellous invectives of this kinde . i shall transcribe but few . hen. robinson in his answer to m. py●nes 12 questions , made the first assault upon our brethren , in this language . and what , think we made our brethren the scots so successelesse here in england , whilest the warres are now beginning to kindle in their own countrey , if it were not that they joyne with this nation , or rather provoke them to establish their so much idolized presbyteriall discipline of persecutions ? when they themselves thought they had just cause to be highly offended with the same ( their own ) persecuting spirit in episcopacy . when the lord required the israelites to appear before him at jerusalem thrice a yeare , he promised , that no man should invade their habitations in their absence , exod. 34. 23 , 24. which gracious providence of his , no doubt continues still protecting all such as are imployed by his command : but unlesse our brethren of scotland bethink themselves in time , and consider , that even as the persecuting bishops of england attempting to impose their government in scotland gave occasion to begin the warres in england : so if the persecuting presbyters of scotland continue to advance and get set up the scotch government in england , it may likely bring all the three kingdomes to make the seat of warre in scotland : i would be loath to prophesie upon this occasion ; but do much fear , that in how bad condition soever both england and ireland are at the present , if the warres last , but little longer scotland will yet be farre worse . god of his infinite mercy open the eyes of all three kingdomes in this their heavie visitation , reconciling himselfe unto them all , and them to one another , for his dear sonne christ iesus sake . the araignment of persecution by way of jear and scorne , p. 3 , 8 , 9. 19 , 39 , 42. satyrically inveighes against and derides scoth government , ranking it with satan , antichrist , the spanish inquisition , councell of trent , high commission , &c. beings in liberty of conscience , thus complaining . my lord , sir simon synod is like to pull out my throat , with the ravinous clawes of an assembly ; and master scotch government was fit to stab me with his scoth dagger : iemmy put up thy dagger ; averres , the synod is guided by the holy ghost sent in a cloke-bag from scotland , as of old from rome to the councell of trent . oft mentions by way of scorn and jeere , the advancing of the mickle army into the south ; addes , you may easily perceive how they would pinch your lordships nose with a paire of scotch spectacles , that your lordship might see nothing but blew caps ; he hath plaistred up the wrinkles of his face with scotch morter , &c. the sacred synodicall decretall , p. 4. tels us , &c. of a blew-capreformation , and then blewcap for us , p. 7. of the ay-blessed divines of scotland , p. 16. of laying rods in pisse for crumwel ; let him take heed of a scotch — : another course must be taken with hereticks , else our brethren cannot further engage ; god speed them well home againe , and let all the people in the kingdome say , amen . p. 18. of their running away at maston-more . p. 20. of an angel in the mount , upon whom o●● reverend assembly of grave and learned divines do daily wait , which mount is dunce-hill ( which by translation out of the originall ) by the divines of scotland ( whose countrey-man this angel is ) is englished mount sion : with other such like stuffe . and martins eccho , p. 8. our scottish brethren advanced lately as far into the south , as from brampton-moore to westmerland , for your assistance , are all yours , by vertue of the holy league and covenant , which they may in no wise falsifie , untill they see it convenient for them to do , as in the most sacred exhortation to the taking of the said league and covenant you have taught them . many other such seditious passages , tending to sow division between both nations , ( contrary to the fourth clause of the nationall covenant ) these new-libels , have lately published , which i forbear to register . section vii . containing most scurrilus , libellous , scandelous , railing invectives against presbyterians , and presbyterian government in generall , which many of them not long since so much applauded , desired , before the bishops removall . we have met with much of this scurrilous stuffe in other sections ; to which some few additions only shall be made in this . mr. henry robinson his falsehood , &c. shall leade up the forelorne-hope : where thus he writes to the christian reader : free thy conscience from the thraldome and bondage of those egyptian taskmasters , who care not what trash and trumpery they vent , so they may gaine proselytes and contributions . which he thus prosecutes , p. 9. but what availeth it to have the head of one lordly episcopall prelate cut of , when a hidra , a multitude , above seventy seven times as many presbyteriall prelates succeed instead thereof ? prelatia , prelacy , prelacy , as we use it vulgarly , is a preferring one before another ; and the presbyteriall government is much more truly said to be prelaticall , then either episcopall or papall ; unlesse you will say that neither episcopall nor papall be prelaticall at all . for in either of those governments there are but few prelates ; but in the other there are , to wit , so many prelates as there are presbyters , each whereof is an absolute * prelate ; that is , one preferred above his brethren . the araignment of persecution , declaimes thus against presbyterian government , p. 21. both papall and episcopall government is better then presbyterian , for they are , and have been more uniforme , and have continued many hundred years longer then presbyterian , and were long before presbytery was thought on : for alas , it was but a shift at a pinch the devill made , when neither of the other would serve his turne , and so came up presbyterie ; but what good the devill will have of it i know not : for who knowes the luck of a lowsie cur , he may prove a good dog. the sacred synodicall decretall inveighes thus against presbyterian government , p. 11. martin will put the parliament and people in minde of their protestation , and tell them , that by the same rule they pull downe the bishops , they are bound to put downe the presbyters , &c. for in martins astrologicall judgement , all the plagues of egypt were but a flea-biting to what one presbyterian church will be ( vinci si possunt regales cestibus enses ) we having mortified episcopall hercules , and possest his club. p. 19. indeed the pope is as truly christian , and his function as equally jure divino , as our presbyterie , conveyed from his holiness● , by our fathers the late lord bishops upon us . the unlicensed nativity of presbytery , said to be licensed by rowland rattle-priest , a terrible imprimatur : writes p. 5. that the devill made the vrchin sir john presbyter : an abject , a fugitive , newly come out of scotland , a witch , a rogue , and in apparell delighting in black as his father the devill ; fitter to be a weather cock then a divine : only the evill spirit of mercury , presented him to be the devils goat-head . section viii . conteining sundry libellous , schismaticall , uncharitable , and unchristian passages against the church of england , her worship and ministers in generall . iohn lilburne in his answer to nine arguments , printed without license , london , 1645. with his picture cut before it ; writes thus of the church of england , pag. 4. the church of england is a true whorish mother , and you are one of her base-begotten , and bastardly children , for you know a whore is a woman as truly as a true wife , and she may have children as proportionable , as the children of a true wife ; yet this doth not prove her children which are base-begotten are true-begotten children , because they have all the parts , and limbes of children , that are begotten in a true married estate and condition ; even so say i , the church of england neither is , nor never was , truly married , joyned , or united to jesus christ , in that espousall band , which his true churches are , and ought to be , but is one of antichrists nationall whorish churches , or cities spoken of rev. 16. 19. vnited , joyned , knit to the pope of lambeth ; as head and husband thereof ; being substitute to the pope of rome , from whom he hath received his arch-episcopall power , and authority . pag. 18. your church is false , and antichristian : therefore if every parish in england had power in themselves ( which in the least they have not ) to choose and make their own officers , yet for all this they would be false , for a false and antichristian church as yours is , can never make true officers and ministers of iesus christ , and though that the churches of the separation , want apostles in personall presence to lay hands upon their officers which lawfully they choose out from among themselves , yet have they their laws , rules , and directions in writing , which is their office , and is of as great authority as their personall presence . pag. 19. and thus have i sufficiently by the authority of the sacred word of god proved all your officers , and ministers false and antichristian , and none of christs , which if you can groundedly contradict , shew your best skill chalenge i you , and put you to prop , to hold up your tottering and sandy church and ministry , or else your great brags will prove no better then winde and fables , and you your self found to be a liar . pag. 22. and as for these two things , of conversion , and confirmation , or building up in the wayes of god , which you speak of , if you mean by conversion , and opening of the eyes , to turn them from darknesse to light , and from the power of satan unto god ; or if you mean by conversion , a deliverance from the power of darknesse , and a translation into the kingdom of the son of god , both of which the apostles ministry did accomplish in the hearts and lives of gods people , act. 26. 18. coll. 1. 13. i absolutely deny it , that your ministery in england doth this : and therefore i desire you to declare , what you mean by conversion , and prove your definition by the holy scripture , and also prove that you in england are so converted , which when you have done i shall further answer you by gods assistance , and as for their building them up in the wayes of god , as all true shepherds ought to build up their sheep , as acts 26. 1 pet. 5. yet i deny it , that your ministers do it , for how can they build them up in that , which they themselves are ignorant of , and enemies unto ? for as jannes and jambres which withstood moses , so do these men also resist the truth , being men of corrupt mindes , and destitute of the truth , 2 tim. 3. 8. and do feed you with husks and chaffe , being neither willing to imbrace it themselves , nor to let those that would , as their constant preaching and speaking against the truth of god , and the kingdom of his son doth witnesse , &c. i have taken the pains by the word of god , and demonstrable arguments grounded thereupon , to prove the church of england antichristian : i do promise you , i will by the strength of the lord of hosts , for ever seperate from church , ministery and worship in england , all and every one of them , as antichristian and false : yet thus much i say , and do acknowledge , and the scripture proves it , that god hath a people or an elect number in spirituall babylon ; yea in the kingdom of antichrist , part of which the church of england is , and none of them shall perish , but be eternally saved ; yet i say , it is the duty of all gods elect , and chosen ones , that are yet in the whorish bosome of the church of england , or in any part of antichrists regiment to separate away from it , and come out of it , least god plague them for their staying there . pag. 23. all the ministers of the church of england are not true ministers of christ , but false and antichristian ministers of antichrist . pag. 24. and as for your minor and assumption , which is , that you in the church of england do enjoy , and outwardly submit your selves to the true worship of god : it is most false , and a notorious lie and untruth , and as well might wicked faux , and the rest of the gunpowder-plotters say , that they submitted unto noble king james laws and scepter , when they went about to blow up the parliament house , that so they might destroy him and all his ; for you do not only oppose and justle ou● the true worship of god , and throw down and trample upon the scepter of jesus christ his son , but also you set up false and antichristian worship , the inventer of which is the devil , and the man of sin , his eldest and most obedient son. pag. 26 , 27. now from that which i have said , i frame these arguments : 1. that worship which is of the devils and antichrists invention , institution and setting up , is no true divine worship . but the worship of the church of england is of the devils and antichrists invention , institution and setting up , as revel . 13. doth fully prove . ergo , the worship of the church of england is no true worship . 2. that worship , which is a main means and cause of pulling down the kingdom of iesus christ , and establishing , maintaining , and upholding the kingdom of the devil and antichrist , and sends more souls to hell , then all the wickednesse , impiety , ungodlinesse , in the kingdom doth besides , is no true worship of god , but ought to be detested and abhorred of all his people . but such is the worship of the church of england ; ergo , &c. pag. 29. i absolutely deny your argument , and affirme , that your religion neither is the true religion , nor that it leads men the true way to salvation . pag. 37 , 38. i groundedly and absolutely deny , that either the church of england is , or ever was a true church , and till you have proved it true , all the pains that you have taken in proving that it is possible for corruptions & evil livers to be in a true church , is spent in vain , and to no purpose , and i am confident , that you nor none else will ever be able to prove the church of england true , nor any other nationall church : for christ jesus by his death did abolish the nationall church of the iews , with all their laws , rites and ceremonies thereof , and in the new testament did never institute no nationall church , nor left no laws , nor officers for the governing thereof , but the church that he instituted , are free and independent bodies , or congregations , depending upon none but only upon christ their head : therefore nationall churches under the gospel are of antichrists , that man of sins institution and ordaining , who only hath ordained laws and officers of his own for the governing of them ; therefore for you , or any other to say , and affirme , that this monstrous , ugly , botched and scabbed body , is christs true spouse , is dishonourable to his blessed being and mediatorship . his schismaticall seditious conclusion from all these premises is this , pag. 35. therefore let all gods people , that yet are in the bosome of the church of england , as they love their own inward peace , and spirituall joy , and look that their souls should prosper and flourish with grace and godlinesse look to it , and withdraw their spiritual obedience and subjection from all antichrists laws and worship , and joyne themselves as fellow citizens of the city of god , to worship and serve him in mount sion the beauty of holinesse , and there only to yield all spirituall obedience to christs spirituall laws and scepter . this language and opinion of his , concerning our english church , and ministry , is seconded by most independents in their late pamphlets ; of which you have had a bitter taste in the preceding sections , and their practice proves as much . for first , though they proclaime liberty of conscience to all sects and religions whatsoever ; yet they have so harsh an opinion of presbyterians , and all others , who submit not to their independent modell ; that they esteem them no better then heathens , infidels , unbelievers ; and proclaim them in their books to be * men who deny , disclaim , and preach against christs kingly government over his churches ; men unconverted , or at least converted but in part , vvanting the main thing , to wit , christs kingly office : men visible out of the covenant of grace , who have not so much as an outward profession of faith , who deny christ to be their king ; to whose persons and infants , the very sacraments and seals of grace , with all church communion , may , and ought to be denied , which is in effect to un-christian , un-church , un-minister all presbyterians , and to make them cast-awayes : if this be their charity to us already , what may we expect from them hereafter if their faction bear the sway ? secondly , when they gather any independent congregation , their practise is , for their ministers solemnly to renounce and abjure their former ordination in , and the people their pristine communion with the church of england , and all congregations else , whereof they have been members , and then to new-mould themselves into an independent church ; which practise they have lately begun in the plantations of the summer islands ; as a friend of mine from thence informed me by a letter dated , may 14. 1645. in these insuing termes . the independent church was set up here the last year , wherein they have covenanted to stand unto the death : but their covenant is not fully exprest reserving power in themselves , especially in their pastor , to alter it when they will , and as they think good ; they have exprest nothing in writing , though often urged to it , but he that joyns with them , must do it by a kinde of implicite faith , to imbrace what their church doth or shall imbrace , not knowing what it is or will be : when they began it , their minister called a fast for all that would be present , where in the publique congregation , our ministers being then but three , did lay down and renounce their ordination and ministry received in the church of england , and so become ( as they said ) no ministers ; but did joy● themselves together in covenant by words only to become a church ; first making a kinde of confession of their sins , and signifying that others might also joyn themselves to them , if they were such as after such confession they should approve of , and there was one principall officer did then joyn himself with them ; they then continued weekly lecturers still , yet as they said , not as ministers , but only as private men to exercise their gifts : wherein they laboured to draw others to joyn with them , and every week received in some : but that confession of sins grew daily more and more out of date , the rather for that * some were threatned to be called in question at the assises for some things which they confessed there ; so that at this time all is in a manner implicite , and though little or nothing be expressed by the party to be received in , yet he is not put back : but when they had gotten about thirty to joyne with them , they again called a fast for all that would be present , where it seems having appointed one of our assistant governors for their prolocutor , he nominated master white to be their pastor , which the rest confirmed by erection of hands ; then it seems master white nominated our other two ministers , master copland and master golding for his ruling elders , yet they continue to preach constantly as before , but master white only doth administer the sacraments , and that only to such as have joyned themselves in their implicite covenant with them . their practise therefore and their writings demonstrate , what ungratefull sons , and unnaturall vipers they are to our mother church and ministers of england ; which hath little cause to harbour these rebellious apostate sons , who thus abominate , renounce both her and her ministers , as antichristian . surely , some of their own independent faction , had other thoughts of her and her ministry ( unlesse they dissembled before god and man , as they commonly do without blush or check ) but very few years since ; and among other the five independent apologists , and master hugh peter , ( solicit●r generall of the independent cause and party ; ) whose subscription before the bishop of london , concerning our church of england in the late prelaticall times , when far more unreformed then now , i shall here present you with ; the originall whereof i found in the archbishops study , under master peter his own hand , c●dorsed with the archbishops , thus . master hugh peters subscription before the bishop of london , august 17. 1627. right reverend father in god , and my very good lord ; being required to make known to your lordship my judgement concerning some thing propounded at my last being before your lordship , from which propositions though i never dissented , nor know any cause why i should be suspected , yet being ready and willing to obey your lordship in all things , especially in so just a demand as this , i having consulted with antiquity , and with our modern hooker , and others , humbly desire your lordship to accept the satisfaction following . 1. for the church of england in generall ( i blesse god ) i am a member of it , and was baptized in it , and am not only assured it is a true church , but am perswaded it is the most glorious and flourishing church this day under the sun , which i desire to be truly thankfull for ; and for the faith , doctrine and articles of that church , and the maintenance of them , i hope the lord will inable me to contend ; tanquam ut pro aris & focis : yea , i trust to lay down my life , if i were called thereunto . 2. for the governour and government thereof ; viz. the reverend fathers , the archbishops and bishops , i acknowledge their offices , and jurisdictions , and cannot see , but there would a fearfull ataxy follow , without the present government , whereof i so approve , that i have , and do willingly submit to it , and them ; and have , and will presse the same upon others . 3 for the ceremonies that are in use among us ( as i have already subscribed ) so i shall diligently and daily practise , neither have i ever been accused for neglect therein , where i have formerly exercised my ministry , but to them do give my full approbation and allowance . 4. for the book of common-prayer , the lyturgie of the church , and what is in them contained ( finding them agreeable unto the word of god ) i have used as other ministers have done , and am resolved so to do , and have not been refractory in this particular at any time , nor do i intend to be ( god willing ) and to these , i subscribe with my heart and hand ; humbly , submitting them , and my self to your lordships pleasure . your lordships in all humble service , hugh peter . london the 17. of august . 1627. if master peter be now of another judgement , it manifests either his grosse ignorance , or temporizing then , or his levity now , and that he is as unsteady in his opinion , as in his excentrick motion from place to place : but this is in verity , the essentiall property of our lunacy new sights , who like the moon ( whose light predominates in them ) are alwayes changing ; yea , ever learning , and never able to come to the knowledge of the truth ; which they continually intricate with their independent doubts . section ix . containing libellious , scandalous , unchristian censures , and invectives against those persons , who out of conscience have written or preached against the independents seditious , schismaticall wayes and practises . i shall first begin with such invectives as concern my self : what large encomiums ( beyond my deserts ) i received from the independent party , before i writ against their new wayes & opinions , only in a moderate & modest manner by way of questions ; is very well known to themselves and others , being such and so many , that modesty forbids me to relate them ; lest i should be thought the herald of my own praises and deserts : how many libells , scandals , and false reports of all kindes they have causlesly published of me since , by speech and printed libells , only because i differ from them in opinion , and have in point of conscience ( being requested so to do ) declared my opinion of their new groundlesse wayes and tenets , is very well known unto many , who have leisure to peruse the severall empty pamphlets and invectives daily published a gainst me : i shall give you a taste of some few in lieu of many . it pleased iohn lilburne among others , for whom i have done some courtesies , but never the least injury , or discourtesie in word or deed , upon the coming out of my truth triumphing over falshood , &c. ( licensed by a committee of parliament for the presse ) before ever he had read the book , to write a libellous letter to me concerning it , which he sent to the presse and published in print without license , before i received and perused it : which though answered in print by others without my privity ; openly complained of in the commons house , ( who referred it to the committee of examinations as a most seditious libell against the parliament and assembly ; ) yet i deemed it more worthy contempt then any answer , as refuting not one syllable in my book : in this letter , he stiles me , an inciter of higher powers to wage war with the king of saints , and his redeemed ones : an endeavourer to set the princes of the earth together by the ears with christ , to pluck his crown from his head , his scepter out of his hand , and his person out of his throne of state , that his father hath given him to raign gloriously in : he most falsely chargeth me with this false position : that there is no rule left in the word , how we may worship god ; but that kings and states may set up what religion they please , or may mould it to the manners of their people : whereas there is not any such syllable in any of my books , but the contrary profe●sedly asserted and the controversies therein debated , concerne not the substance of gods worship or religion , but only the circumstance of church-government : which i asserted then , on such grounds as their party hath not yet refu●ed ▪ not to be precisely set down & determined in the new testament in all particulars , but yet conclude , that no church government ought to be set up , but that which is agreeable to the scriptures , though not dogmatically and precisely prescribed in them : ●o that if this libeller were not past all shame , he might have blush● to print and ●●print so notorious a falshood , without retractation . after this he thus proceeds : had i not seen your name to your books , i should rather have judged them a papists or a iesuits , then master prynnes ; and without doubt , the pope when he sees them , will canonize you for a saint , in throwing down his enemy christ . certainly no book of mine , either in the front or bulke , carries the least badge of a priest or jesuit in it ; and so far am i from demeriting any thing from the pope , or to be canonized by him for a saint ; that i can without vanity or ostentation affirme before all the world , that i have done more disservice to priests , iesuits , and the pope : made more discoveries of their plots , and written more against them and popery , then all the whole generation of sectaries and independents put together ; and i challenge all their sects to equalize , or come near , what i have really performed in this particular ; so that if any man this day breathing in england deserve an anathema maranathae , from the pope & his party , i have more cause to expect itthen any other : the whole kingdom therefore will proclaim him a notorious slanderer in this particular : he proceeds yet further , surely ( he writes , but his words are no oracles ) you have given away your ears , and have suffered as a busie-body in opposing the king and the prelats : without doubt all is not gold that glisters : for were you not a man that had more then truth to look after , namely your own ends and particular interests , which i am afraid you strive to set up more then the publike good , you should have importuned the parliament to have continued their favour and respect to that people , that cannot prostrate their consciences to mans devices . surely my conscience tells me , that i am free from this injurious calumny : for my ears , i blesse god i gave them not away , but lost them in a just quarrell , against all law and iustice , as both houses of parliament have unanimously adjudged : but whether you did not justly lose your ears for sedition then , and deserve not to lose he remainder of them ( that i say no more ) for your seditious and libellious carriage now , is a great question among your most intelligent friends : for my opposing king and prelates as a busie-body , perchance it might be your own case , it was never mine : what i have done against the unjust usurpations , and illegall excesses of either , i did it in a just and legall way , upon such grounds and authority , as was never yet controuled ; and this i dare make good without vainglory , that i have done more reall cordiall service with my pen against the usurpations of regality and prelacy , in defence of the subjects liberties , and parliaments jurisdiction , then all independent sectaries whatsoever , and that only out of a zeal to gods glory and the publick good , without the least private end or interest , which never yet entred into my thoughts , having suffered as much as any man of your sect ( if not more ) for the publick , without either seeking or receiving the least recompence , or reward ; having spent not only my time and studies , but some hundreds of pounds in the republicks service since my inlargement , without craving or receiving one farthing recompence in any kinde ; whereas if i had sought my self , or been any way covetous or ambitious , i might perchance have obtained as advantagious and honourable preferments , as any independents have aspired to , if not challenged as their right , for lesse meritorious publick services and sufferings then the least of mine . as for my importuning the parliament for continuance of their favours to that people you speak of ; surely when i finde them more obsequious to the parliaments just ordinances and commands , lesse willfull and more conscientious ; i shall do them all the offices of christian love ; but whiles contumnacy , obstinacy , licentiousnesse , uncharitablenesse and schisme are most predominant in them , the greatest favour i can move the parliament to indulge them , is to bridle these their extravagances with the severest laws , and to prefer the publike safety of church and state , before their private lawlesse conceits and phantasticall opinions . he addes , that i am in this as cruell a task-master as pharaoh : and that the son of god , and his saints are but little beholding to me . surely to confine licencious lawlesse consciences to the rules of gods word , the justlaws of the realm , and rectified reason , can proclaime me no egyptian task-master : but rather decl●re your sect meer libertines , who will not be regnlated by , nor confined within these bounds ; yea , i trust the son of god and his true saints are as much beholding to me ( in your sense ) as to the greatest patriarchs of your independent tribes , be they whom they will. this libeller being questioned before the committee of examinations concerning this letter , by their speciall favour returned his reasons why he sent it in writing , which he no sooner exhibited , but published in print the next day after , to defame and slander me among his confederates ; who give me now no other epithites in their discourses ; but a papist , a persecutor of gods saints , an enemy of christs kingdom , vvho deserve to lose my head for opposing them in this cause , &c. which i no more value , then the moon doth the barking of a lousie cur. in this new unlicensed paper , first he vaingloriously relates his own sufferings and deserts : secondly , traduceth the justice of the parliament and others , against some seditions sectaries ; misreciting many of their proceedings to the scandall of publick justice , and the parliament , pag. 3 , 4. thirdly , pag. 5. he pretends my books against independents ( licensed by authority of a committee of parliament ) to be the principall causes of the rigid proceedings against separatists especially my truths triumphing over falshood ; which being subsequent in time to all the particulars he recites , could certainly be no occasion of them ; and therefore he playes not only the sophyster , but slanderer in this particular . fourthly , pag. 5 , 6. he misrepeats , and misapplies some passages of mine , to all of his sect in generall , and to himself and svch as he is in the army and elsewhere : whereas there is not one syllable in my passages to that purpose , but only against some particular authors i there mention , and such of their confederates , who maliciously and audaciously oppugne the undoubted rights , priviledges , and just proceedings of parliament , contrary to their solemne covenant , league , and protestation ; and if you proclaim your self or any other in the army or elsewhere to be of this anti-parliamentary regiment ( as now you do ) i then professe my self an opposite to you , and shall make good against you what ever i have written , when and where you please . fiftly , he writes , that i eagerly endeavour to incense the parliament against him , and such as he is in the army , and elsewhere , and in the conclusion of my independency examined , presse the cutting of them off by the sword , & executing wrath and vengeance on them upon pain of contracting the guilt of highest perjury : a most malicious scandall : for first i never mentioned him or his in particular ; neither knew i how he stood inclined . secondly , in my independency examined ; i only in a generall discourse affert , that kings and civill magistrates , have by the law of god a lawfull coercive power , thought not to restrain the sincere preaching of the gospel and truth of god , yet to suppresse , restrain , imprison , confine , banish the brea●hers of heresies , schismes , erronious , seditious doctrines , enthusiasmes , or setters up of new formes of ecclesiasticall government without lawfull authority , to the en●●ngering of mens souls , or disturbance of the churches and kingdoms peace : these are my formall words which i there make good by scripture , & presidents in all ages ( & will justifie by gods assistance upon any occasion against all sectaries & independents whatsoever ) after which i close up this discourse in these very words : and if any hereticks , false-teachers , schismaticks ( chuse which of these three ranks you and yours will fall under ) obstinatly refuse conformity after due admonition , and all good means used to reclaim them , the poets divinity and policy must then take place , as well in ecclesiasticall , as civill and naturall maladies . cuncta prim tentanda , sed immedicabile vulnius , * ense rescidendum est , ne pars syncera trahatur . is this any urging of the parliament , to cut you and yours off by the sword ? and to execute wrath and vengeance on you ? if you be such obstinate hereticks , schismaticks , or false-teachers , who fall within the compasse of my words , god forbid , but the sword of iustice should be drawn out against you , as well as others , at least to chastise and reduce you to obedience , though not finally to cut you off , unlesse in case of absolute necessity : but if you are none of this obstinate hereticall , schismaticall brigade ( as i make you not , unlesse you make your selves ) my generall indefinite words will relate , neither to your self in person ( whom i never once minded in my writings ) nor to any of your tribe : and therefore in this particular , i charge you for a malicious slanderour and false informer , demanding justice and reparation from you for this , and all the forementioned passages , wherein you have wilfully done me wrong . sixtly , pag. 6. he injuriously chargeth me , as guilty of being an incendiary , betwixt the parliament and their faithfull friends and servants ; and that my actions and practises tend to no better end , but to make him and his partie ( vs ) to be sleighted and contemned , and that they a faithfull , conscientious , and considerable party in the army and kingdom might be disingaged and cavsed to lay down their armes , &c. after which , he concludes thus , pag. 7. now i appeal to everie true hearted englishman , that desires a speedie end of these wars , of what evil consequence it would be to the parliament and kingdoms , to have such a faithfull and considerable partie as mr. prynne calumni●teth , and reproacheth as bad , if not worse then ever the bishop of canterbury did , should be causleslie cut off with the sword , or be disingaged by his means ( especiallie seeing the kingdoms necessities is such , that they stand in need of the help of forrainers ) in which passage he intimates : first , that those anti-parliamentary seditious sectaries , who confederate with this libeller know their own particular ( pretended ) strength in the army and kingdom . secondly , that they fight only for their own private interests , and to erect their own church government , not for religion not the publick cause ; since my very writing against their schismaticall seditious wayes but in meer generall terms ( as this libeller , one of their privy cabinet councell intimates ) and that by authority of a committee of parliament , in just defence of the parliaments undoubted ecclesiasticall jurisdiction and authority ( which they most affront of any men whatsoever ) is a means to disingage , and cause them to lay down their armes : thirdly , i answer , that if he & his party be such faithfull friends and servants to the parliament , and such a conscientious considerable party both in the army and kingdom as he pretends , my writing in defence of the parliaments jurisdiction ( which they pretend to fight for ) can be no dis-ingagement or dis-couragement to them ; and therefore himself alone must be the incendiary twixt them and the parliament , and the dis-ingager of them to lay down their armes , by these his slanderous libells against the parliaments jurisdiction , priviledges , proceedings , not i who have only cordially maintained them ( according to my solemn vow and covenant ) by publike encouragement , and speciall approbation . i shal therefore challenge so much iustice from this epistoler , as publikely to retract all these his malicious libellous slanders of me , without the least provocation given him on my part ; or else he must expect from god & all good men ( yea from his own best friends and party ) the brand of a most malicious libeller , slanderer , incendiary , and undergoe the punishment due to such . to this i might adde a whole bundle of calumnies and injuries against me in master iohn goodwins calumny arraigned and cast , wherein he chargeth me , pag. 2. for aspersing the honourable committee for plundered ministers and himself , in averting , that he was suspended and sequestred by that committee ; which all the committee then , and himself with his confederates since experimentally know to be a reall truth , however they outfaced it for a time : his other calumnies are so grosse , and triviall , that i will not waste paper to refute them . these libellers are not single , but thus seconded by a brother of their sect , one henry robinson in his pamphlet intituled ; the pretences of master william prynne , &c. ( a meer empty libell fraught with nothing but railings , and slanders against me ) and in his latter libell intituled : the falshood of master william prynnes truth triumphing , in the antiquity of popish princes and parliaments : to which he attributes a sole soveraign legislative , coercive power in all matters of religion ; discovered to be full of absurdities , contradictions , sacriledge , and to make more in favour of rome and antichrist ▪ then all the books and pamphlets which were ever published , whether by papall or epi●copall prelats or parasites , since the reformation : with twelve queries , eight whereof visit master prynne the second time , because they could not be satisfied at the first ; printed in london , 1645. here is a large libellous title , but not one syllable of it so much as proved or made good in the book : wherein he convinceth me , neither of falshood nor absurdities , nor contradictions , nor sacriledge : and whereas he chargeth ; that my truths triumphing , &c. makes more in favour of rome , and antichrist then all the books and pamphlets which were ever published by papall or episcopall prelats or parasites since the reformation ( of which he makes not the least offer of proof in his book ) i shall aver to all the world ( i hope without ostentation , being thus enforced to it ) and appeal to all men of iudgement who have read it ; that it makes more against rome , antichrist , and the usurped power of popish , lordly prelates and clergymen in points of calling councels , the authority of prelates , clergy men and synods in making binding canons , &c. and other points therein debated then any book or pamphlet whatsoever of this subject written by any prelate , clergy man , laicke , or by all the whole mungrell regiment of anabaptists , sectaries or independents put together : therefore this title of his ; is a most false malicious impudent slander , of a libeller past shame , void both of truth and conscience . his passage against me , pag. 9. 10. is much of kin to his title page , where thus he writes : the truth is , i cannot deny but master prynne was once by more then many , and they godly too , held to be a man of piety ( and was highly honoured , in whose books and pamphlets notwithstanding which have been published of late ) may be observed more corrupted principles , and a far worse spirit of persecution , then ever was discovered in the late delinquent decapitated archbishop , from his first ascending unto his highest growth of authority and greatnesse ; and in the diary of his life , which i suppose master prynne printed , not to do him honour ( though after ages will not be tyed to be no wiser then master prynne ) i finde such eminent signes of a morall noble pious minde , according to such weak principles as he had been bred up in ( his own persecuting disposition , disabling him from being instructed better ) and particularly so ingenious a passage in his funeral sermon , whereby he justifies the parliament in putting him to death ; as i may safely professe to all the world , i never yet could discerne any thing near of like piety , or ingenuity to be in master pryune , by all that ever i yet heard of him from first to last , or by all the books of his which ever came to my hands , wherein yet i have hitherto done him the honour in being at charges to buy as many , i mean one of every sort , as i could ever meet withall . surely , i am much beholding to this gentleman , for proclaiming me a man of more corrupt principles , and a person possessed with a worse spirit of persecution then the late decapitated archbishop , but the archbishop far more obliged to him , in canonizing him for such a saint : as for his diary , i published it as i found it , not so much to do him honour as right , which is due to the very devill himself : but had this libeller remembred , that i reserved the criminall part of his life , for two other volumes , one of them already published ; and the first part of the other now at presse , which will render him , the archest traitor and underminer of religion , laws , liberties , parliaments that ever breathed in english aire ; or had he seriously considered his obstinate impenitency , and justificntion of his innocency ( though most criminall of all that for which he was condemned ) even on the very scaffold ; he would have blushed at his large encomiums of such a traytor in affront of publike justice , to cast the greater blemish on my self , who was publikely called by authority to bring him to his triall . having thus reviled my person only for w●iting against independent new wayes and fancies ; having naught else to object against me , he fals soul upon my very profession of the law in these reproachfull termes , pag. 21 , 22. certainly t is none of master prynnes least oversights thus to bring himself a lawyer , ( whose wrangling faculty sets and keeps all people at worse war amongst themselves , then all forraign enemies can do ) into a contest with mr. goodwin , &c. if master prynne were a man truly godly and conscientious , he might long ere this time have considered the unlawfulnesse of his very calling , acco●ding to the greatest part of lawyers practise , in entertaining more causes then they can possibly take care of as they ought , in taking of excessive fees , prolonging suits , and so involving the whole kingdom in their sophisticall quirks , tricks and quillets , as that a man can neither buy nor sell , speak nor do any thing , but he must be liable to fall into their tallons , without ever being able to redeem himself , the lawyers having most of their mysteries written in little lesse then heathen language , and detaining us in such ignorant captivity , as that we may not plead nor understand ; by which and such like devises of theirs , they are become the greatest grievance , crying loudest to heaven for justice to be done upon them by this parliament , next to the corrupted , depraved clergy men . surely these independent sectaries , resolve to extirpate all lawyers and clergy-men , as the greatest grievances under heaven ; that so both law and gospel may be dispensed only by their lawlesse , gospellesse lips , hands : and this makes them raile at these two honourable professions , without which no kingdom or church can long subsist : for my own part , i blesse god , i am not ashamed of my profession ; it s no dishonour unto me , ( since god himself hath honoured zen● a professour of it , tit. 3. 13. ) and i trust i shall never dishonour it : and though some perchance abuse it ( as many do all other callings ) 〈◊〉 makes it not unlawfull or a grievance , no more then other callings , 〈◊〉 being the fault of the person , nor of the profession : take he●d therefore how you pr●ss● this argument further , lest it reflect with disadvantage on your self , who have much abused the profession of a gentleman , by turning lib●ller ; of a merchant , in turning an independent preacher ; of a minister , in becoming an unlicens●d mr. printer of all these new seditious libels , in an alley in bishopsgate street , the very name whereof , made you such a panegyrist , to trumpet out the archbishops p●ety and gr●ces to the world , after his execution as a traytor . i shall rake no more in this pamphleters nasty kennel , which abounds with such fil●hy stincking stuffe , and billingsgate language as this . the author of the araignment of persecution , thus makes himself merry with me , pag. 15. that learned gentleman , just-as conformity of lincolns inne , esq ; can throughly resolve you , both by scripture texts , presede●ts of all sorts , and the constant uninterupted practises , examples of the emminentest emperours , princes , councels , parliaments , &c. it is well these illiterate ass●s are able thus to de●ide , what they can no wayes answer or re●ute by scripture , reason , or authorities of any kinde , but their own brainsick fancies . he proceeds thus , pag. 39. by the apochrypha writings , and non-sense arguments of mr. edwards : by the distracted thoughts , and subitane apprehensions of mr. prynne ; by the designe of the clergy ; by their forced tears ; by their hypocrisie ; by their false glosses , interpretations , and sophystications , good lord deliver us . here i am joyned with very good company , though in a blasphemous railing lyturgy , fit only for such conventicles as this libeller indoctrinates . the compiler of the sacred synodicall decretall , thus sports himself with dr. bastwick and me , pag. 22. dr. bastwick and jockey shall be god-fathers , and the whore of babylon god-mother , and it shall be christened , common-councell of presbyters : ( heare 's like to be a city well governed ) but it is not yet fit to be known by that name , while the childe is in the cradle ; when it can go alone , it will be a pretty play-fellow for my son iack , if the doctor can but cure him of the martin : 't is true , he hath given him a good cordiall against some independent qualmes , wherewith my son iack hath been much oppressed , since mr. prynne hath been outlaw'd by the gospel , his voluminous errours had the benefit ( sir reverence ) of the peoples posteriours to correct them , ( let the doctor have a care of his bills ) nam in posteriori pagina , omnia sua fic corriguntur errata : that 's a signe of some grace ; who sayes mr. prynnes not an honest man , that hath consecrated so much to such a reverend use ? but he shall have a better place when it falls , hee 's in the way of preferment , he doth supply the place of an informer already , for he must do a little drudgery before he be a judge . in what an uncivill , unchristian manner they have rayled against my ever honoured brother dr. bastwick , as an apostate , a fighter against god , an enemy of iesus christs , &c. only for writing against their independent novelties , himself hath at large related in his postscript . how they have abused dr. twisse , mr. hindersham , mr. calamy , mr. marshall , dr. burges , dr. featly , mr. paget , and especially mr. edwards , ( whom they revile beyond all measure ) only for opposing their new anarchicall government , hath in part been formerly touched , and would be over-tedious particularly to relate : i shall therefore conclude with two passages more ; the one concerning doctor burges , the other doctor twisse and the assembly , in their last libell , called martins eccho , p. 7 8. such hath been their good service to the church and state , that for my part , it should not much trouble me , to see them as well knockt down : i mean to see doctor burges , and a competent number of his brethren , set down upon their presbyterian thrones , judging the tribes of this our israel ; be ye mounted upon your great coach-horses , which trundle you too and fro , from london to westminster ; mount all your new canons , and advance like mighty men of valour , the horsemen and chariots of israel , even whole black regiments of you into the fields , under the conduct of your general●ssimo , william twisse , prolocutor ; and fire all your new cast ordinances at once in the face of your enemies , and so finish your good work your selves , and trust your sacred cause no longer in the hands of the profane . by this short taste , you may discern the most uncharitable , slanderous , lying , libellous disposition of these new independent lights , whose works are so full of infernall deeds of darknesse , and of the black language of hell. section x. containing seditious queries , passages and practises to excite the people to mutiny , sedition , disobedience , and contumacy against the parliaments proceedings , ordinances , and to resume their power from them . i have in the preceding sections , already transcribed sundry clauses of this nature ; i shall remember you only of some few more , in two or three late unlicensed libels . the author of , an answer to mr. prynnes twelve questions concerning church-government ( supposed to be master henry robinson ) pag. 2. makes this quere : what if the parliament sh●uld be for popery again , iudaisme or tur●isme ? t is no offence to make a quere , nor impossible to come to passe : the greatest part of such as choose our parliament men are thought to be popishly or malignantly affected : by the same law and doctrine the whole kingdom must in consequence , and such obedience as you dictate , conforme themselves to poperie , iudaisme , or turcisme , &c. and pag. 24. 25. he propounds these queries , of purpose to blast the power , and ecclesiasticall proceedings of our present parliament , and render them detestable , or contemptible to the people . whether have not parliaments and synods of england in times past established popery ? and whether may they not possibly do * so again hereafter ? whether in case a parliament and synod should set up popery , may they therein be disobeyed by the people ? if they may be disobeyed in one particular , whether may not they upon the like grounds be disobeyed in another ? whether the people be not judge of the grounds for denying obedience to parliament and synod in such a case ? whether the pretence of giving a parliament and synod power to establish religion , and yet reserve in our own hands , a prerogative of yeelding or denying obedience thereunto , as we our selves think good , be not an absolute * contradiction ? and lastly , whether they that attribute such a power to parliaments and synods , as they themselves will question and disobey , when * they think good ; do not in effect weaken and quite enervate the power of parliaments , or else condemn themselves in censuring the independents for withholding of obedience from parliament and synod in such things , wherein * they never gave , or meant ever to give power ? if the whole kingdom may denie obedience unto popish acts and canons , or upon any other the like just occasion , and they themselves be judge whether the occasion be just or n● : whether may not independents a part of the kingdom onlie , do the like in all respects ? or whether ought they because a lesser part of the kingdom , to yield obedience to popish acts and canons because a major part approve of , and agree with a parliament and synod in establishing them ? whether would it not be an ungodlie course for anie people to hazard anie thing at the disposall of others , or to be carried by most voices , which may possiblie , if not more then probablie be decided in such a manner as the yielding obedience thereunto would be burthensom to their consciences , if not absolutelie sinfull ? whether were it not an * ungodlie course for the whole commons of a kingdom so farre differing in religion as that they professe before hand that they dare not yield to another , upon perill of damnation , to make choise of a parliament and synod , with entring into vow and covenant , to become afterwards all of that religion , whatsoever the parliament and assembly should agree on ? whether it be not absurd for men to say , they vvill be of such a religion as shall be settled , before they see evidence to convince them ? and vvhether it be in the povver of man to be really of vvhat religion he vvill , untill he see reason and demonstration for it ? if a representative state or * * magistrate may have laws for setting up of a religion , or establish vvhat church-government they please ; vvhether have not the people the same povver originallie in themselves , to * assume again , and put it in execution vvhen they please ? and vvhether vvere this othervvise then to attribute unto a mixt multitude , to the vvorld , if not absolutely as it is distinguished from the saints in scripture , ioh. 15. 18 , 19. and 17. 6 , 9 , 11 , 4. at least by some voices , to make choise of a religion , lavvs and discipline , vvherevvith the saints , houshold and church of god must necessarilie be governed ? these seditious quaere's are since reprinted and propounded by the same author ( henrie robinson ) in another libell of his , intituled , the falshood of mr. william prynnes truth triumphing , &c. p. 26 , 27. to what other end , but to stir up the people to mutiny , to rebellion against the parliament and its proceedings ( a thing lately attempted by a mutinous petition framed by independents , but afterwards moderated by some discreeter persons , and by some late libellous , seditious pamphlets ) no wise man can conjecture . to omit many new seditious , mutinous passages in the arraignment tf persecution , a sacred decretall , and martins eccho ; compiled , published , printed , vended , dispersed by independent sectaries , who highly applaud them ; instead of excommunicating , detecting , suppressing , punishing the authors and dispersers of them , i shall ( for brevity sake ) transcribe only this most seditious oration in the close of martins eccho , directed to the common people , to excite them to mutiny and rebellion against the assembly , parliament , their military , civil and ecclesiasticall present proceedings , deserving no lesse then capitall punishment , being done in seditionem regni , no lesse * then high treason by the common law. pag. 16. rejoyce , rejoyce good people , for this blessed reformation , which is ready , like an evening wolf , to seize upon you and yours : loving friends and neighbours , stand still gaping with your mouths , and quietly bow down your backs , whilest you are bridled and sadled , and let the holy , humble , and * gentle presbyterians get up and ride , they will doubtelesse deal very meekly with you , and not put you out of your place , though the proverb be , set a beggar on horse-back , and hee 'l ride to the devil ; though they have spurs , yet they will not use them . you remember how the bishops posted you furiously to and fro like iehu the son of nimshi , untill with foundring and surbats they have even wearied you of your lives ; the gentle presbyters will in no wise ride you so hard , though some malignants would make you believe , that sir iohn will never be off of your backs , because it is intended he shall have his holy spirituall courts in every parish of the kingdome ; but this benefit you are like to have , that if by his continuall riding hee so gall your backs and shoulders , that you can no longer endure , but cry out by reason of your severe oppression , you shall have liberty granted you , to leap out of the frying pan , into the fire , by making your * appeal to the common-councell of presbyters ; forsooth , where when you shall come with this complaint , your fathers the bishops made your yoke grieveous , and our parochiall presbyters , ( those lyons whelps ) do adde hereto : now do you ease somewhat the grievous servitude , and heavy yoke put upon us . you may * expect from this honorable court , an answer like unto that of rehoboams to those distressed people , that cryed unto him , our fathers made your yokes heavy , but we will adde thereto : our fathers chastised you with whips , but we will chastise you with scorpions , and mend your selves as you can , for we are the divine power , and consequently the law-givers both of church and state ; therefore you are to be content and submit your selves to your superiors ; your severall presbyters in you severall parishes , that have the rule over you , must in no wise be resisted , but as it is meet , be humbly obeyed in all things that they shall command you ; and * their power is not to be questioned , for the same power which lately was resident in & confined to the breast of one man , to wit , an archbishop , is inherent , and of divine right , in the body of a presbytery , and conveyed equally to every particular presbyter : therefore if this episcopall power be offensive and obnoxious to you , never expect to have it otherwise , for your * parliaments themselves cannot lawfully help you . now have you not cause to rejoyce for this iubilee , this year of deliverance from your anti-christian servitude , to aegyptian bondage ? yes sure , therefore i say , rejoyce and be glad , and again rejoyce , lift up your heads , for doubtlesse your redemption draweth nigh : the righteous shall be delivered out of trouble , and the wicked shall come in his stead , prov. 11. 8 but in plain terms ( loving friends , neighbours and country-men ) let us a little reason together seriously : have not you born the brunt and heat of this unnaturall war ? is it not you that pay all the taxes , cessements , and oppressions whatsoever ? is not the whole burthen laid upon your backs ? burthen after burthen ? even till your * backs break ? how many thousands of you , who were of great estate , are even reduced your selves , your dear wives and children , to misery and poverty ? how many thousands and millions have you exhausted ? yea , hath not your hands been liberall beyond your abilities ? how freely have you brought in your gold , your silver , your iewels , rings &c. which in london , middlesex and essex , amoun●ed to above eleven millions , besides threescore millions extract●d out of the counties , with the innumerable sums otherwise raised , and spent in this service ? hath not your blood , the blood of your dear children and friends , been only engaged and spilt ? and is it not dayly shed in this quarrell , while the * presbyters clap you on the backs , animate , encourage , and preach out your very lives and estates , and involve you in all these miseries , and themselves touch it not with the tip of their little finger ; you have your hu●bands , your sons and servants , imprested from you , and forsooth , a priest must not be meddled withall , under sacriledge , blasphemy , or prophanenesse at least : they are * freed from all charges and taxations , and all is laid upon you ; and notwithstanding your insufferable misery , your unsupportable charge and oppr●ssion , under which you groan , and are fit to expire , those greedi● wretches are not ashamed to exact their * tythes , though they pluck it out of your childrens mouthes . there had been more need of an ordinance to have sessed the priests , and imprested them to the wars , for that vvould be more conducent for the kingdoms good : for should the king set up his episcopall clergy , and the parliament their presbyterian clergie , in the forefront of their battells , forlorne hopes , and put them instead of other honest innocent harmelesse soules , upon all their desperate attempts , without doubt they would as zealously preach for peace , as they doe now for war : they would quickly agree and turne as they were , rather then loose all . i am confident this would prove the most effectuall meanes for * our reconciliation , then any that hath beene yet attempted . consider this i beseech you , call to minde all your former expences , ventures and cessements for this present warre , and the miserable condition you and the whole kingdome strugleth in , as it were for life , and are now all ready to be devoured ; your estates are wasted , your men slaine , your hands weakned , and the kingdome is fit to be over-run , your strength decayeth , and your enemy increaseth , and all your assistance hath beene conveyed through the hands of the b presbyterian party , they have c born al offices , & have had all in their own disposing , but what is become of it ? wisemen say , that the treasures and wealth , that hath been spent for the managing of this warre , would have maintained a greater warre seven yeares longer , some body have feathered their nests , though yours are bare : now how thinke you , is it otherwise possible but the kingdome must be ruined if this course be continued , and to adde more certainty of destruction to it , these men now in this our greatest extremity , labour to divide the d parliament partie in twaine ; before the synod was assembled , the cries of the people were heard , their petitions answered , miseries redressed , monopolies remooved , oppressions eased , tender consciences respected , the servants of god delivered out of prisons , courts of tyranny and oppression suppressed , &c. but since their session , the case is quite altered , nothing but iesuiticall and machivillian pollicy hath bin on foote , thousands of petitions of poore widdowes , orphanes and all manner of distressed oppressed persons , who cry daiely and cannot be heard ; and these fat preists can have ordinance upon ordinance for their ends ; they can have the sweat of other mens browes confirmed upon them by an ordinance , whiles others e cannot have their just requests , for their owne rights answered : though their wives and children perish ; our f presbyterians wives must go like ladyes , with their silke & taffety , some with their fanns and silver watches forsooth hunging by their girdles , to please the pretty sweet faced , lovely mopphet withall pretty things , t is pitty there 's not an ordinance all this while , for them to weare rattle● ; consider this with your selves , & for what your estates and blood have beene engaged , the liberties of the subject , and the protestant religion , now how much after this vast expence , this sea of blood , of the subjects liberties , have you attain'd ? even thus much , he that shall open his mouth freely for the vindication of your native liberties , cannot doe it without the hazard of his own , yea of his life ; i know that the priests thirst after my blood , but i call the god of heaven to witnesse , would it quench their thirst , and be a ransome for our posterity , i would freely offer it to the common good● and as for the p●●testant religion hath it not beene lock'd up in the breasts , of the assembly ? hath not your faith beene pin'd upon their sleeve ? your estates spent , and your blood shed for the result of their mindes , right or wrong , and so have fough● for you know not what ? but it may be you 'l say , you have engaged for the suppression of prelacy , high-commission &c. you have indeed beat the bush , but the presbyters have caught th●● hare , instead of one high-commission , in the whole kingdome , you shall have one in * every parish under the name of a parochiall sessions , besides the generall high-commission call'd the common councell of presbyters ; now have you not , to shu● the smoke , skippt into the fire ? is the matter any thing amended ? sure you have got a worthy reformation : but it may be you have a better esteem of these new courts , then of the old high-commission : let me aske you ? do you thinke that they 'l be better then their patterne ? &c. thus you may see what you are , to rely upon , if in conscience you cannot submit to any thing they command , you know your wages , you must be banished : and doe not our presbyters not onely labour for the banishment , but for the lives of the contrary minded to them ? and is not this thinke you , as evill measure as ever was measured out of the high-commission ? wherfore i beseech you friends , consider what you do , consider the frait of your bodies ; into what slavery you are fit to inthrall them . i know you would be loath your children after you should be deprived of trading or living in the kingdome , though they should differ a litle in opinion from others . i beseech you therfore , save your selves from this wicked generation , who have spent your estates , your blood and all , and you are now worse then ever you were hitherto , all hath beene in their disposing , and you are betrayd , and daiely delivered as a prey to the enemy : the lord deliver us , amen . whether this be not another sheba , a trumpeter to blow up popular sedition and rebellion against the parliament , synod , and their proceedings , deserving sheba's punishment ; and whether it be not more then time for the honorable court of parliament to proceed severely against such scismaticall libellous and seditious mutiniers as these forementioned , let all wise men judge . if our foolish pitty and indulgence towards them ( according to the proverbe ) destroy our citty , our church , our religion , our parliament , our realmes , let those superior powers answer it , who have authority to prevent it ; i can with a good conscience professe and say , liberavi animam meam , what ever censures , reproaches scandals , libels i suffer for my good intentions , from this libellous generation of * unreasonable men , who have litle faith and lesse charity . certain queres propounded to independent ministers and their members , convincing them in many things to be meer papists , and swervers from the word of god. 1. whether independent ministers prescribing , and members submitting to a new-forme of church-government , not yet fully knowne to , or agreed on among themselves ; nor reduced unto certainty by any of their sect , but fluctuating and swimming in their ministers giddy braines , with a reserve of altering , adding or diminishing at their pleasure ; be not a meere popish blind obedience ? a receiving of a church-government with an implicit popish faith , to believe as their minister or church believes , without knowing certainly and determinately what they do dogmatically believe ? and a plaine worshipping of they know not what , their independent way and government , being yet not fully delineated nor 〈◊〉 in writing by any of their party , though frequently pressed to it . 2. whether independent ministers , members , churches denying the lawfull legislative , directive , coercive authority , jurisdiction of parliaments , councels , synods , kings , and temporall magistrates in all ecclesiasticall affaires , or matters of religion ; appropriating this power wholy to themselves and their independent conventicles ; their pleading of an exemption of themselues and members from all secular powers in church matters , as being immediately subject herein to none but christ : their usurping authority to erect and gather new independent churches not onely without , but against the command of parliaments and princes ; their dayly practise of admitting , rejecting church-members , & excluding godly christians not onely from their churches , but even from the sacraments , and their children from baptisme in case they submit not to their new-fangled way : their denying the liberty and benefit of appeales from themselves to any superior tribunall ; be it a classis , synod , or parliament , by way of ●urisdiction but onely of advice . their proclaimeing their owne independent churches , to be the onely true churches of christ ; and allothers f●lse , erronious , antichristian , from which all must sever under paine of damnation ; their imposing new o●thes and covenants , under pain of exclusion from church-communion on all their new members ; and binding them wholy to their wayes , edicts ; their stilling themselves supreame heads of the church next under christ ; and exalting themselves , above all that is called god , or worshipped , above all other ministers or christians whatsoever , as the only lights of the world , and tying the scriptures to their owne new-fangled expositions ; be not an erecting of a meere arbitrary , tyrannicall , pap●ll , antichristian jurisdiction in every independent congregation , both over the soules , consciences , bodies of christians , and a setting up of as many petty popes , as there are independent ministers or congregations ? 3. whether independents admitting women , not onely to vote as members , but sometimes to preach , expound , and speake publikely as predicants , in their convent●cles , be not directly contrary to the apostles doctrine and practise , 1 cor. 14. 34. 35. 1. tim. 2. 11. 12. and a meer politick invention to engage that sex to their par●y ? whether their pretended liberty of conscience for every man to bleeve , professe , and practise , what religion he pleaseth , ( be it paganisme , judaisme , turcisme , popery ) without co●rtion or punishment by the magistrate , be not a like wicked policy , contradictory to scripture and religion : which proclaimes a licen●iousnesse to practise any sinne with impunity ? and warrants popes , papists , iesuits to murther protestant princes ; blow up parliaments ; massacre heretiques ; absolve subjects from their allegiance ; equivocate ; worship images , saints , reliques , and their breaden-god ; and commit any wickednesse for the advancement of the catholique cause , because their religion and consciences hold them lawful . and how then can we justly punish any traytor , rebell , murder , adulterer , swearer , drunkard , polyganist , theef , in case he be really perswaded in his conscience , what he doth is lawfull ? 4. whether the independent ministers in the assembly will undertake to bind either themselves or all others of their party for the future , without any reserve of altering or changing their opinions and practise , to that independent way of church government , which mr. thomas goodwin , or they shall at last , after long expectation , set down in writing ? if yea , that contradicts their owne profession , and prot●station in their apollogy : takes away that liberty of conscience they contend for ; and attributes a greater authority to them alone to oblige their party , then to the whole parliament or synod . if no , then certainly it is vaine to exspect a set 〈◊〉 of church-government from those fluctuating divines , who till neither under-take to oblige themselves or others for the future , by anything they resolve on or practise for the present : and a meare sottishnesse for any people to depend upon such unstable weather-cocks , and roling stones , who know not where to rest or settle ; and that way certainly can be none of christs , on which the very prime sticklers for it d●re not absolutely and immutably to fasten for the future , what ever they pretend for the present . 5. whether publike preaching , prophefying , and expounding the scriptures by independent souldiers , taylors , weavers , and other illiterate mechanicks , neither publikely called to , not fitted for the ministry , especially when and where there are able painfull preaching ministers to instruct the people , be not a most exorbitant . arrogant , scandalous , and disorderly practice , no where warranted by gods word , but directly condemned by numb . 18. 21. 22 , 23. c. 16. 3. to 41. 2 sam. 6. 6. 7 , 2 chron. ●6 . 16. to 23. ier. 14. 14. c. 27. 19. hosea 4. 4. 9. mal. 2. 7. 2 chron. 17. 8. 9. neb. 9. 4 , 5. c. 12. throughout . mat. 28. 18. 19. 20. mar. 16. 14. 15. 20. acts 20. 28. gal. 6. 6. hebr. 13. 17. c. 5. 4. 1 tim. 3. 2. c. 4. 14. 16. 2 tim. 4. 2. 5. rom. 10. 14. 15. 1 cor. 12. 28. 29. c. 14. 29 to the end . tit. 1. 7. 9. contrary to the very light of nature , the priests among all heathen nations whatsoever being distinguished from t●e people , and not all promiscuously priests , gen. 42. 22. 26. 2 king. 17. 32. 1 kings 12. 31. 32. zeph. 1. 4. acts 14. 13. and quite opposite to the practice of all christian churches in all ages ? ● 6. whether mr. hanserd knols ( the illitterate anabaptist ) his moderate answer to dr. bastwicks booke , p. 19. 20. where he averres : that the condition upon which people are to be admitted into the church , are faith , repentance , and baptisme ; and none other . and whosoever ( poore as well as rich , bond as well as free , servants as well as masters ) * did make a profession of their faith in christ iesus ▪ land would be baptized ( he meanes re-baptized ) into ( he should say in ) the name of the father , son , and holy spirit ▪ were admitted members of the church ; but such as did not beleeve , and would not be baptized ( though formerly baptized by others ) they would not admit into church communion . and that this hath bin the practise of some churches in this city , ●ithout urging or making any particular covenant with members upon admittance : doth not herein diametrally contradict his other independent brethren , who exact particular covenants , from their new admitted members and do not re-baptize them ? whether he hath not plaid the anabaptisticall jugler with ▪ mr. cranford , in printing onely , imprimatur ia : cranford , in the title of his booke , and leaving out the preceding formall words of his license , to the great abuse both of the reader and licenser , viz. i have perused this treatise ( called a moderate answer to dr. bastwick ) which though● iudge erronious , yet to satisfie the desire of a friend , and prevent the cavils of some adversaries , i oppose , imprimatur ia : cranford . and whether these and such like practices proclaim not the anabaptists such as * dr. foa●ly proves them : a false and lying sect , if not blasphemous too , as the premised sections declare some of them to be ? a transcript of a letter lately written from the sommer islands , to william prynne of lincolnes inne esquire ; relating the schismaticall , tyrannicall , and seditious proceedings of the independents there ; and how they lord it over the soules and bodies of those who dare oppose them ; how contemptuously they speak against the power of parliaments , the church of england , and scandalize all others whatsoever , who are not of their faction . which gods providence newly brought to my hands from thence , when i was closing up the premised discovery . worshipfull sir , ali health , happinesse , and prosperity wished unto you ( as to mine owne soule . ) the occasions moveing me at present to trouble you with these unprofitable papers , are great and many ; and happily i being a stranger unto your worship , you may account it more then boldnesse , yea even peremptory saucinesse , in me to presume to write and crave favour to and from one who never had the least knowledge of me . but the manifold reports i have heard of you by divers good christians , emboldeneth me ; but especially seeing your good works which i have perused with care and diligence , which from mr sparks his brother i procured , enforceth me so much the more in this my boldnesse , not doubting but that you are a true hearted christian , truly fearing god , embracing piety and hateing iniquity , a faithfull well-willer to the church of god ; and to all the israel of god , and to all true israelites who with faithfull hearts love the sion of god truly and sincerely , without hypocrisie or halting between opinions , dessenting from it in any by or false respects , the which are the only causes moving me hereunto : and for which i have suffered , and a●● and have beene these thirteen mōnthes * prisoner in bonds , for standing in defence , and an opposite unto , or against a certaine independent church , hatched and forged in the braines of our divines ; and by them constituted , erected , and fully accomplished ; and with us held in great repute and adoration , yea and the actors of it not as men , but even as demy gods , attributing that unto them , which is only proper unto god ; especially unto their pastor mr vvhite , the chiefe actor of their faction , a most seditious turbulent , and hatefull malicious person , and as politick as achitophell , and as crafty and subtle as the devill , having as he holds the world in hand , that by his wisedome none can excell him in the lawes , both ecclesiasticall and civill ; and therefore amongst us , ( a company of poore simple ignorant and undiscerning people ) he is so accounted of , as all his words are oracles , and himselfe no lesse sent from god ; and therefore whatsoever he saith , is and must be a law , whether it concernes body , soule , or conscience ; for he cannot crre , so perfect is he in their conceits : and if * christians in griefe and distractions of soule and conscience , at their courses , shall sue unto our rulers for redresse of their factious aud seditious courses by way of humble petition , for a cessation of those things , till we shall heare from england , what discipline the high court of parliament and synod hath concluded upon , and that to embrace and follow ; then shall we presently be summoned to an assizes , and there undergoe such penalties as by the court shall be censured upon , or else , which they most ayme at , to have us , contrary to knowledge and conscience , acknowledge we have wronged them , and there in open court before the countrey confesse our selves sorry for what we have done ; this is our misery : yea if i shall speak , much more write in our owne defence against their independent church , laying open their factious and schismaticall government , and their envying against our church , and church government , and discipline , though they have proofes and grounds sufficient by the word of god to convince them , the which i could never yet see disproved by them ; together with my name annexed thereunto , yet if he threaten me for boldnesse herein to have a counsell table called against me , i am sure of it , and there to bee baited and banded to and againe by a whole counsell ; together with our schismaticall divines , even as a beare at a stake , not one to speak one word in my defence , nor in the defence of gods cause ; but with an unanimous consent and voyce my writings exclaimed against , pronounced libels , and ignominious and slanderous writings , though none of them approved so to be , nor disproved for the truth i stand for ; yet shall i be censured by them , for them , bound to my good behaviour , put in sureties ; and if at any time afterwards i shall divulge any thing either by pen or tongue against this independent church ▪ their governours , or government , doctrine , or the like , i must then presently be declared infamous ▪ and lie in prison till to the contrary we heare out of england ; yea however , for want of sureties in this case , to lie in prison notwithstanding till i can or doe put in sureties ; the which i did for the space of five weeks , to my great damage and charge , and also detriment , being an aged poore man of 74 yeares of age ; and five nights in the cold winter time almost drowned in the prison with raine , and sore tempestuous weather , having no shelter to save my selfe dry : these , with other things , have i undergon , too large for to relate , and that chiefely from this white of this independent church , pastor ; i meane by his meanes , for if hee sayit , it must and shall be by our rulers , who indeed ought to be chiefe instruments in removing and casting out such venomous vermine out of both church and common-weal●● but how can it be expected , when they themselves are inconfederacy with him , and joyne hand in to work wickednesse ; therefore whoever speaks or writes against one , doth it against all ; therefore with a cunning sleight they put it off , as not being done in the behalfe of their church ; but as that by it i labour the subversion of the peace of our countrey as much as in me lay , as though our countreys peace rested wholly upon the planting of this their independent church , whereby they have made more and greater breaches , as can be manifestly proved , then ever they will be able to make good , both in church and common wealth : yea in private families also , the husband against the wife , the wife against the husband , the children against the parents , the parents against the children ; and the like , according as your selfe have worthily noted in your twelve interrogatories . is not this a great misery in so little a spot , even a handfull of people ; oh miserable times ! oh unhappy conditions ! now if you demand a title or name of this their church , or from whence derived , i cannot answer you ; for i suppose themselves know not , only framed of their fancie and braines , only to get themselves a name , fame , and popular applause and estimation of the world : but thus much i am sure of , it is derived partly from the anabaptists , partly from the brownists , but most especially from the donatists , having in it a smatch of each ; however they feign it to the church of new england , which , as they say , is the purest church this day in the world ; yet come they farre wide of it , so that it is but their saying not their doing . but grant that they were in their way aright , yet hold it we not requisite that their examples should be rules to us to walk by , seeing that both the one and the other have beene constituted and erected by an indirect way , without the advice and approbation of lawfull authority of king , parliament , and synod , the which our men say they are not to attend or waite upon princes nor parliaments leisures , the cause being christs owne , and depending only and alone upon him , and not upon any humane power : and they his servants , and christ their lord , it refteth on them in his behalfe to doe it , it being a spirituall and no carnall work . and againe some of them have said it , that parliament and synod can establish no other church discipline or government then theirs , unlesse they will goe contrary to the word of god ; this hath beene publikely delivered : yea by the same party such stuffe hath beene delivered , that hath made all modest and shamefull faces to blush , eares to glow , and hearts to grieve that hath heard it ; yea and that upon dayes of humiliation , making divers people both objects and subjects openly to work upon ; thundering out punishments and judgements , both spirituall and temporall , against divers persons , as though they had both swords in their owne power , or as though they had absolutely knowne gods secret decree ; and this hath beene held for sound and good orthodox doctrine , when divers have repented of their hearing ; and these not once nor twice , but often . infinite might i relate , even from their owne mouthes , which would make wise men admire , but i must passe over them to avoyd tediousnesse to my selfe , and trouble to you . and that in your wisedome you may the better conceive of this their church , the first beginning was a certaine feast , held every week at severall houses , which feast they called a loblolly feast ; which for the common fare of our countrey is as our watergruell in england , so they would have it but of a common food ; at which feast each did strive to excell another in the difference of making it : after they had once gotten a certaine number unto them , and so of an ordinary food they made it extraordinary ; yea so extraordinary , that some in few meetings were forced to sell the feathers out of their bedding , for milk , butter , and creame to feed them withall , and to make their loblolly the more dainty and toothsome ; others againe to maintaine this feast , for one dayes entertainment , themselves and whole family must pinch for it two or three months after ; by which feast , by the shew of neighbourhood or feast of love , though never none was found , in short time they encreased in every parish to a pretty number . at which feast also their bellies and stomacks being well gormondized , the minister propoundeth certaine questions unto them by way of catechising of his owne framing , for halfe an howre ; which each had in writing one from another , and like schollers these their lessons to learne against each wednesday , and great care was taken ; some for feare of reproofe , and some popular applause : and these ca●●chisings being ended , they then for an houre or two discourse of neighbours that would not joyne with them , traducing both names and persons ; this man is a drunkard , a whooremaster , and the like ; such a woman was light and wanton , and loved such and such a man ; such a man loved such a woman ; this was the manner and order of their feasts , till at length themselves were most of them drunkards and whooremongers . the next thing was , a day in a week at noon for two houres space to catechise youth and children , upon a simple small catechism set out by one mr oxenbridge , sonne to doctor oxenbridge of london , who with his wife especially were the first ground-works of this faction : who in time before it came to any perfection , departed from us , but left the cursed seed or fruit of their faction behinde them : they being gone , this mr white as chiefe , takes in hand to accomplish this businesse , which with another as forward , but better seene in it then themselves , one mr golding , a young head but well learned in schismaticall science , if not worse , joynes together , labours with and overcomes an ancient man , mr copeland by name ; and then on all hands with an unanimous consent , they joyne their forces for the erecting and establishing this their church ; and then in stead of catechising youth , they would catechise ancient people young and old of both sexes : this they could not well accomplish , being by divers withstood ; but seeing they could not bring that to passe , then would they not suffer any to communicate without examination before , and that as well beleevers as others , yea them especially , though never so learned and sufficient , which bred a sore broile amongst us ; yet of many could they not have their wills , though put from the sacrament . then denied they to baptize children , unlesse the parents rehearsed the creed , and such as did had their children baptized , and such as would not , theirs were not . then having made themselves strong by encreasing their company , they then began a weekly lecture upon every wednesday , one one week , another another week ; these exercises were wholly and only for the building up of this their church : exclaiming against our church , both in matter , manner , order , government , discipline , and governours , applauding this their owne , the holiest , and purest church upon the earth , next unto new england : here they deny all supream power of magistracy , yea of the king himselfe , only to guide them in the channell , and to defend them and maintaine them in this their church , orders , and discipline , to punish all such as shall oppose them : themselves being chiefe thereof under christ , but especially their pastor white , so pronounced by their prolocutor , one of our present governours in the house and presence of god , and the whole congregation , that he was * supreame head of this church next under christ , and none above him : this was one mr painter a cooper . then the other two ministers were chosen elders , whereof mr golding the younger man in yeares was the chiefe , mr copeland the inferiour , next a deacon one mr robert cesteven a counceller , and a great stickler ; thus have you as yet all the officers : but before this choyce the baptizing of infants was quite rejected and given over , holding a tenet , that children ought not to be baptized , but only such as were of yeares of discretion , and able to render an account of their faith , according to mark 16. 16. with divers other places , saying , they were no pastors , and therefore durst not * baptize one nor other , and that they had baptized more children already then they knew how to answer : this was mr whites owne speech unto my selfe upon a lecture day , i having two of my children to baptize at the same time . vpon this i confesse , and se●ing the great inconveniency that did arise thereon , and many children in the countrey to be baptized , and many more like to be , i put pen to p●per and write unto our chiefe governour capt. vvilliam sayle , foure or five sheets of paper , and presented as a new yeares gift , hee being the only man , as i supposed , to redresse and reforme by vertue of his place and power , all such erroneous and factious errours both in church and common weale ; but hard successe i found in my epistle unto him : in the front of the work , i shewed him how i was perplexed both in minde and conscience for yeelding unto them through his instigations and perswasions , at an assizes before , for another writing delivered by me unto mr white himselfe , upon his and the rest their silencing themselves , leaving our churches upon the lords dayes , and gathering swarmes of people into their owne houses as conventicles ; and there have reading , singing , praying , expounding , and preaching , yea if truth were knowne , the sacrament also administred in their private houses ; and all these ordinances denied in the houses of god , yea they were slighted , contemned , scorned , and rejected , even as iakes : these at the beginning of constitution of their church ; nay in one small tribe or parish three or foure such severall places of meetings , and the houses of god destitute . secondly i writ against independent churches according to my poore understanding , i being a man of no learning , but especially against their church , saying , had i power and approbation , i would shake the whole fabrick thereof ; this was taken very heynously . but to let passe other things contained therein , come we to the work , where first i maintained our church of england against all independent churches , to be a true and a perfect church ; yet so , as not being free or cleare from all defects , as no church under heaven was , is , not never will be , comparing our church with all other reformed churches , and their defects and deformities . secondly by seven wayes i maintained the lawfulnesse and the necessity of baptizing infants , where i answered divers objections of the anabaptists , and theirs also unto me in number fourteen , and laid downe their objections severally . thirdly and lastly , i shewed who of necessity were bound , and therefore ought to baptize infants , namely those to whom god had given the dispensation of the word and sacraments , that is , such as god hath called to the ministeriall function , and endued them with gifts and graces answerable for their callings , such and none but such ought to meddle in the word or sacraments ; here i shewed the duty of all who had children to baptize only to such , and to none but such : then next , the duty of ministers , they being so sought to ; they ought , they must baptize them : next i confuted and condemned certain heretick● and schismaticks that denied and refused to baptize infants , and namely themselves ; and lastly concluded with a friendly exhortation to all ministers to be carefull to perform their duty in this , and in all other points . this in brief was the summe and effect of my new yeares gift , of which i heard not a word for three weeks space , in which time , yea so soon as he had it , he shewes it to the ministers , who all this time perused , scanned , and sifted it ; upon the which mr white comes to my schoole , salutes me kindely , with one with him to catch and beare witnesse what proceeded from me , at length uttered his mind ; amongst many other passages , that i perverted the scripture to my own ends , saying i had abused the words of our saviour , luk 10. where he commandeth little children to come unto him , and forbid them not : you maintaine saith he , he meanes such children as suck the breast , here is your errour , saith he , and for this you shall smart ; but saith he , his meaning was , such as were newly converted to the faith , these , saith he , are those that christ calls little children or babes , as in 1 iohn 2. 1. therefore for this your * absusing and wresting the word , you shall answer it , and i doubt not but to crave so much favour of the governour , as to call a councell table , where you shall answer your abuses , and peremptory scandalous and libellous writings , and so at length we parted . the next week following i writ a letter to the governour , giving him to understand , i had taken him for an honest christian friend , telling him withall ▪ i sent it not to them but unto him , supposing himselfe only would have made use of it for some better ends , and withall laving open schismaticks more plainer then before , advising him upon them five marks or tokens to know them by , to search and see if he knew none or could finde none . then i shewed , that faction and sedition did spring from these sinnes , pride , hypocrisie , and ambition ; and from these three did arise presumption , and rebellion , both against god and man , shewing how and wherein ; praying these sinnes were not found amongst us , but neither named nor pointed at any that hold could be taken . the next sahbath a warrant was served on me for my appearance at a councell table the thirteenth of february 1644 , where being as before , i was so baited and banded to and againe , as wonder it was , and shortly * after clapt in prison : however nothing traverst that day , save only the letter , nor my new years gift never questioned ; when and where i made mine appeale for england , where god blessing me , would i have beene at present , had it not fallen out , that in october last in the dead of the night , my house with all i had therein was burned , to my great losse and prejudice ; so that being altogether unable , i am forced with sorrow to stay behinde , as not being able to put clothes on my back ; having also burnt all my writings , which hath beene more griefe to me then the losse of all my meanes and goods , which was more then of mine owne i shall ever see againe . but having digressed from the proceeding of this sect , i returne againe where i left : and having given over the baptizing of infants for a good season , at length they gave over preaching , as being no ministers , as being made so in an antichristian manner ; and no true ministers till such time as they were new called and ordained by their holy church ; which at length was accomplished : in which time they still continued their weekly lectures ; whereat there was added , and they received members unto and into their church daily , but after a most strange manner ; their exercise being ended , those that were to enter in , came upto the chancell with great sobriety and shew of humility , and sorrow , with contrition , and wounding of conscience for sinne ; and there stand , but with much hypocrisie and dissimulation ; and there before the pulpit , with all the holy brethren and sisters about them , they make a consession of their sinnes , are in outward shew sorry for them , with great contrition : upon which enquiry is made among them , what they think of their confession and contrition , and whether they are not worthy as members of their holy church to bee received in ? answer is made , yea : then they tell them , they do accept of them , and with great applause they all receive them , all shaking and embracing and hugging them , with great joy , biding welcome brother , welcome sister . but such confessions and doings as you never saw the like ; insomuch that law might justly take hold of many of them : but these open confessions have a pretty while bin left off , they being ashamed of it in regard the people mock them , telling them that this open auricular confession is meere idolatry and superstition ; therefore now they have private confessions ; and whosoever entereth into their church , must also enter into covenant to stand to and to maintain their church and church-discipline , orders , governours , and government , to the uttermost of their powers and abilities ; yea they must endeavour and strive therein even unto blood . and concerning baptizing of infants at the taking up againe of their ministery ; they also have taken up againe the use of the sacraments , but only among themselves ; but for any that are not in or of their church , their children shall not bee baptized unlesse they will enter into their church , and covenant with them ; neither for the sacrament of the lords supper , shall any partake thereof , but only their owne flocks and members , by which cause many people who have an ardent desire thereunto , have beene deprived of it , some * two yeares , some three yeares , some more some lesse , to their great griefe and sorrow ; and for the manner , forme , and order of the sacrament amongst themselves , it is according to their faction , derogating from our mother church as i heare : and for all such as are not of them , nor adheres unto them , we are accounted as † heathens , yea even as dogs , or swine , and so reputed . thus in briefe have i laid you downe the order and manner of their church from the beginning to this present , which hath beene in agitation these foure or five yeares ; and whether it be yet fully perfected , i think themselves are ignorant of ; but now is their maine hope , that their great pastor of their church is now come for england , and that from and by the parliament he will accomplish a full and absolute setling and establishing this their church amongst us , by vertue and power from the parliament , and by friends that he will raise , especially by the meanes of one mr holland , one that beares some place of eminency in parliament , who is a great and extraordinary friend of his ; the which if he should accomplish this their wicked desires , then will they tyrannize over us , and bring a great confusion upon our whole countrey , and raise civill warres among us , to our utter subversions , being in comparison but a handfull of people , to the great griefe and hearts sorrow of many honest christian hearts , who desire the peace of gods true church , but for all false wayes we utterly abhorre . and now worshipfull sir , with favour give me leave to use by way of similitude the words of mordecay unto ester c. 4. 14. who knoweth whether thou art come to the kingdome for such a time as this ? even so say i to you sir , what know you whether the god of mercy and consolation hath raised you up as an instrument or meanes for these distracted times ? yea , what know you , whether by your help and assistance you may not be a meanes and help for the release and delivery of many poore distressed and distracted christians from the cruelty and tyranny of these schismaticall schismaticks , whose mercies are meere cruelties , which we know by woefull experience we shall finde . and however we are farre remote from you , yet we beseech you ( i speak in the behalfe of many ) let your goodnesse by your ayde and assistance even stretch it selfe to the utmost ends of the world , if occasion be offered , for the good of gods church and people ; and as your works comming by gods blessings amongst us , to our great joy and comfort , and to the vexation of our malignant adversaries ; who notwithstanding slights them , saying , you have writ according to your understanding , and to the corruption of your owne heart , and that you have beene answered and foiled in your owne arguments ; perswading poore simple ignorant people unto any thing ; for divers having seene your twelve interrogatories , struck them into such a damp and distemperature , that they knew not what to say or doe , untill their pastor especially with their elders , through deluding speeches , gave them as they suppose some comfort ; otherwise i perswade my selfe many of their adherents had revolted from them , and turned cat in the pan . but no marvell though they sleight you ; for they doe sleight all the most reverend divines and men of learning , wisedome , and gravity , whose lives have beene cautious , pious , and religious that have beene before them : let a man name any forreigne and domestick , some they will set at naught , others happly with a more reverend respect , yet sleight them ( as my selfe at times have produced at least a hundred upon occasions ) they will answer , they were good reverend men in their dayes , and taught well according to their times ; though you name the interpreters of the scriptures , or bring in beza or iunius , upon their annotations , yet say they , these were but men , subject to failings and errours , and their dayes were the times of ignorance , and of superstition , and the cleare light of the gospel was not then so manifestly and so clearly made knowne unto them as now it is , the lord revealing his will with a greater splendor in these latter dayes unto his servants the ministers then in former times , for the calling and gathering together of his elect from the foure corners of the world , and by them in these latter times hath shewed a more nearer and easier way to heaven then formerly ( o impious impiety ! ) wherewith they delude poore simple people , deceiving them , being voyd of understanding and discerning even to their destructions : for let a man discourse with them , and shew them their solly and their blindnesse , and shew them the erroneous wayes they are in ; this presently is their answer , * we doe know that our teachers , who are our leaders , they are wise , learned , religious , pious , and holy men , and they cannot erre , say they ; and they have paund their soules upon this way , and would they wilfully damne their soules were it not the right way , no t is impossible ; therefore we will never forsake this way , but whatever they say or teach we will build our salvation upon it , and seale it with our blood : thus have they taken poore soules captives and deceived them ; and through their delusions we have daily a falling away , forsaking the old way which is the true way , and turning to sinne and schisme , and erroneous factions , which are new invented wayes never heard on till not much my time before . wherefore we beseech you , we beseech you in the bowels of love and compassion , let the serious consideration hereof move you to enter list with this stout champion , whose pride we know to be such , that hee will overcome ten thousand better then himselfe ; and not only to enter list , but also as god hath called you to , and seated you in a place in that high court of parliament ; that so you would oppose his enterprises and hinder him of his desired purposes , that so he may not come with power and authority from that high court , to lord it and to beare rule over the lords inheritance amongst us , but rather forced to recant , and lay downe all his and their schismaticall courses , or confine them all together to some other place . things comming into my minde one after another , causeth me not to set them downe so exactly in order as they hapned , but somewhat confusedly : i should have told you at first , this man , mr white , was by the company of adventurers sent over some yeares since , minister for our two tribes , pembrook and devon , and by the earle of dorset then governour , with the whole company , they bound him in a bond of two hundred pound stirling to live with us peaceably and quietly , and to follow the orders and discipline of our church for the space of three yeares after his arrivall ; which argued he was a man of a turbulent spirit in the place where he was , at knights bridge neare westminster * ; during this time of his bonds he was at hot a zealot as possible might or could be , both for the book of common-prayer , as also for all other ceremonies of the church , as kneeling at the sacrament , crosse in baptisme , ring in the marriage , and all other things whatsoever , so long at his bonds lasted : but suddenly after he turned upside downe , and after foure yeares hee began these things ; and seeing he could not accomplish his desire with us , he made shewes of leaving us and goe to another charge that was vacant , unlesse we would sue unto him by † humble petition , as unto a prince , which we refused to doe ; the other they did , and gave him a call , and with their call , a hogge of forty shillings price ; which call he received and embraced , forsook us , and went unto them : he had not long beene there , but by some of our tribe he was sued unto to come to us to baptize three children ; the which he did , he and his wife , mr copeland and his wife being witnesses to one ; where his text being ( he that despiseth you , despiseth me ; and he that d●spiseth me , de●●iseth him that sent me ; ) at which time he did so exclaime against us , saying , we despised him and his doctrine , and had cast both him and it from us , and so consequently god the sonne , and god the father , because we would not sue ▪ unto him by way of petition : when he also for our fact , pronounced a doome against us in his pulpit , saying , stand up ye of pembrook tribe and heare your doome , which was , you shall live here these twenty yeares without a preaching minister ; comparing also our reader to the idoll dagon ; the reading-pew to the place of desolation , saying , here sits the idoll of abomination in the place of desolation ; saying our book of common-prayer was an idoll also . and still in their weekly exercises , defame they our church , and church discipline , with the orders and manner thereof , crying , she is uncleane , she is uncleane , polluted , defiled with antichristianisme , both in church-government , manners , orders , and discipline , yea throughout ; therefore say they , come out of her my people , and take not of her pollutions , with divers such like ; yet for the man , i must confesse he hath beene and is a worthy and reverend teacher , which causeth many , yea most people the easier and sooner to be deceived , as also by humble carriages , and pious walking , which is such , that as our saviour saith , is able to deceive the very elect , by their walking in sheeps clothing ; but sure i am , they are ravening wolves , and easily may be discerned by their fruits ; that is , by their doctrines , the which however it sound good to simple people , and is as honey in their mouthes , but sure i am , they tend only and wholly to their owne schismaticall faction . and thus have i beene large in my discourse , and troublesome unto you , though in briefe . now sir , you know that he who cutteth wood over his head , is in danger of the chips flying in his face ; so fareth it with me , i having beene an opposite against them , both by speaking and writings ; they are therefore become mine inveterat enemies , and have from time to time traduced me : and as the case once was yours , so is it and hath beene mine , having suffered much by our rulers , through their meanes , they being all in a confederacy ; and likely , if he can possibly , suffer more ; but i hope will defend me from their cruelty by the help and meanes of you ; who are able to sympathize another mans case by his owne , and be the easier stirred up to compassionate my case , and to doe your best endeavour for me , and many more honest hearted people , who by me desire from you the like favours ; so shall i and them also be bound to pray for your prosperity here , and everlasting happinesse hereafter ; desiring you to keep this writing to your selfe , and make use of them , and not shew them to any , except to some sure friends , not but that any thing herein contained is also absolutely true , but that they are mine inveterate and malicious enemies , and if by the parliament they should get their desires , then am i sure to suffer most exceedingly ; therefore i am forced to send to you underhand by way of mr spark , and another to write the subscription of his letter , that my hand bee not seen ; such laying wait there is for any my writings . this gentleman the bearer , hath in some measure beene a co-partner with me in suffering , and hath had much trouble , and is now come for england to cleare himselfe from many false accusations laid to his charge , as also to maintaine the countreys agrievances and his owne also : and if your worship shall bee pleased to doe him any friendly office , either by word or counsell , he will be thankfull , and so shall more ; and with my selfe in especiall be bound to pray for you , and ever rest your truly devoted and faithfull well-willer in heart till death to be commanded . richard beake . sir , i desire your favour i may heare from your worship , which will be a joy to me and many others , who rejoyce of you , and hope well in you . this letter is seconded by sundry others from thence to the same effect , and to move the honourable houses of parliament to take some speedy course for the quenching of those flames of schisme and sedition , which these new independent lights and firebrands have kindled in this plantation , and taking off the unsupportable yoak of tyrannicall and arbitrary government over the persons , estates , and consciences of the free-borne english subjects there , which these lordly tyrants have imposed on them , threatning ruine to this plantation ; which i hope their honours , and all others concerned in it , will seriously lay to heart . i shall adde to this two other papers , ( to wit , a petition , and advertisement ) sent lately from the same islands to me by mr richard norwood , which fully discover the schismaticall and arrogant proceedings of the independents there ; and refute their present innovations in a substantiall satisfactory manner . to the right worshipfull our worthy governour captaine iosias forster , and his councell . right worshipfull and worthy governour , &c. i know you are not ignorant of the rent or division here begun , which though i beleeve ( as you have often testified ) you favour not , yet through your gentlenesse and forbearance towards the authours and abetters ; it growes very strong , and is like to prevaile ; which i suppose you know not , but may further understand if you be pleased to make enquiry , and to heare other men . for mine owne part i frame not this as a complaint or accusation against them , being but one man , and the matter concerns all ; besides i have seene the successe that others have had that wayes , and i know they are too strong a party for me or any one man to encounter with . but being very sensible of the danger approaching , lost by my silence i might seem to consent unto it , i thought it necessary to give notice , and to endeavour what in me lies to prevent it , whatsoever may befall me for so doing . therfore i have written this advertisement following , which i could wish might come to the hands of all . the intent and scope wherof is , to invite and perswade all to a cessation from setting up any new discipline and government amongst us untill we heare what is decreed by the honorable assembly of parliament : or if that cannot be obtained ( as i have small hope , considering how eagerly they pursue their ends , and how great a number they have gayned to their party ) yet that the authours would expresse punctually in writing , what manner of discipline and government it is which they would set up . and because ( it may be ) they will say , that they have already exprest it in their sermons , especially in their lectures ordayned for that purpose ; therefore i have set down thirty or more doubts of speciall moment which they have not yet cleared . neither is it fit that our religion or this part of it ( which they would seem to make a principall part ) should remain in their breasts only , for so they may adde , detract , or alter , as they please ; but ought to bee fully exprest in writing . and i beleeve they are scarce agreed themselves touching all points of their intended discipline ; which you may perceive if you please to examine them severally , according to these or such other questions , as you shall think fit . therefore in the first place ( according to my duty ) i humbly present this advertisement to the consideration of your worship and your councell , to whom god hath committed the government of this place , and of all persons here , and of whom he will certainly require it , if such an evill as is threatned should befall through your neglect . for although the great antichrist and his clergy did prevaile to perswade christian princes and magistrates , that the government of the church and care of religion pertained not to them , but to the clergy , and the like , is now here preached amongst us : yet i verily trust , you entertain no such false principle . for , to establish true religion , to maintain it , and to see that the duties of religion be duly performed to god and man , is almost all that the law requireth , and so is almost ( if not all ) the duty of the christian magistrate . and this being taken from him , and put upon the clergy , he may serve as an officer to execute what the clergy shall decree , but ceaseth in a manner wholly to be a magistrate . thus commending you to the tuition and direction of almighty god. i rest march 6. 1642. your worships in all due observance , rich. norwood . an advertisement to such here as have care of the conservation of true religion . it is and ought to be the principall care of every good christian , to conserve the knowledge and exercise of true religion in himselfe and others , being the one thing necessary . but from this these times have much declined everywhere ; and even in our deare native countrey , so farre as called for a speedy reformation , or threatned ruine . and seeing little hope of the one , the latter was justly feared by many , and by my selfe ( i confesse ) amongst others , being the principall cause of my comming hither . but the lord hath mercifully stayed those feares , and given us fresh hopes by the reformation in so great a measure begun by the present parliament , which also they endeavour through many difficulties to accomplish more fully . and considering how worthily they have begun , and what great things they have effected above all expectation , we have no cause to mis-doubt them , nor to anticipate their honourable proceedings , but rather to attend what shall be determined by them ; especially considering that wee of this place , as wee have not beene much burthened , except by some ministers ; so now we are altogether unburthened of the ceremonies , and whatsoever else hath usually beene offensive to good christians in england . for if we should set up a new government or discipline and forme of religion here , wee must alter it againe when wee understand out of england what forme the parliament have or shall establish : some say no , our ministers are as supreame heads under christ of their severall churches here , and not subordinate in these things ecclesiasticall , to parliament or any other power upon earth whatsoever : but this opinion savors too much of antichristian pride and presumption . others say , the parliament will establish the same forme that our ministers will set up here ; but these conjectures doe much wrong that honourable assembly ; for if the matter were so easie and evident , that our ministers here can presently determine it ; then what need the parliament so long to debate and consider of it ? what need such consultation with the ablest divines in england , and many other from all parts ? and why hath there beene such difference of opinions touching this matter even amongst the most godly and learned in christendome for these 100 years together . i remaines therefore , that wee must change againe when we heare from thence , and considering what changes have beene made by some already , if we should now make another change in setting up a new discipline , and shortly after another when we heare out of england ; such mutability would neither be safe for this place , not suteable to the stedfastnesse of the church and people of god , which is the pillar and ground of truth , and must not be wavering , and carried about with every winde of doctrine &c. the apostle makes it a signe of a double minded man to be unstable in all his wayes : and in the epistle to the hebrewes ; be not carried about with divers and strange doctrines &c. and the prophet saith , why runnest thou about so much to change thy wayes ? it will be answered , we intend not to change , but to the better ; but withall remember , that such is alwayes the pretence , and oft-times the intent in all innovations whatsoever . therefore solomon saith , my sonne feare god and the king , and meddle not with them that are given to change . not but that even the best christians may al●er sometimes in some circumstances of religion ( some good and weighty causes requiring it ) but it must not be through levity , nor of an high minde , nor for selfe ends . a restlesse levity , and that with contempt of authority , under pretence of greater and new lights , is a dangerous signe of an anabaptisticall spirit . therefore i say , what we change , ought to be done with the feare of god and the king. in the feare of god , namely according to his word ; and with the feare of the king , that is , consenting with the lawes and soveraigne authority set over us ; or at least not with an high hand in contempt thereof ; for every soule must be subject to the higher powers ; yea saith chrysostome , though he be an apostle , though an evangelist , though a prophet . therefore i could wish ( as i have often perswaded ) that wee might stay for the determination of the parliament in these things , and likewise the approbation of the company in those that concern● them . but because some here are very impetuous , and a further change is daily preached and pressed amongst us , i have little hope to stop the violence of this streame . therefore to the intent we may understand and consider what to doe , and ( as the saying is ) look before we leap , i should in the next place desire , as many others doe , and as it concerns us all to desire of them , and of our ministers especially , that they would be pleased to set down in writing , whatsoever new thing in doctrine or discipline they would have us entertaine , different from the practice or tenents of the church of england ; that so each thing being well considered , examined , and adjudged by the word of god , we may entertaine or reject it accordingly . i know there are sundry objections alleadged and pretended , more then i need to repeat or answer here ; for howsoever it is true that we are to submit our selves to the word of god , i meane the holy scriptures in all things ; yet not so to men , especially when they seek themselves in stead of christ : no though they tell us , they are the mouth of god , and sit in moses chaire ; and therefore must be heard and obeyed ; and that the government of the church belongeth to them next under christ , and that even caiaphas , though a persecutor of christ . yet when he had the place of high-priest he prophesied the truth . and though they tell us we must not strive with the priest , nor reprove our r●prover ; and though they accuse us to have rejected and opposed more good ministers then any other like place professing christianity ( of which there is no shew of truth i know ) and that they which rebell against the ministers , cannot be under the government of christ , with many heavy threats against such : and though they threaten to leave us destitute of the word of god , if we make any resistance ; and though it be often alleadged , that we have rare and reverend ministers , endued with new light , and that so great , as the like hath scarce beene since the apostles times ; nay i have heard some , and those of note , preferre it before that of the apostles , at least in some things . and further , that all foure of our ministers concluded of a new discipline , and new courses of edification , whereof two being gone into england to agitate the businesse there with their friends , and in parliament : god hath sent another from providence almost miraculously , who was not of their counsell , and yet doth approve of all their proceedings , and as earnestly presse them as the rest . besides ( say they ) all the chiefe professours in the countrey are for the same ; yea the chiefe authority in the island , next the governour . so that all things thus concurring , shewes ( say they ) that there is an extraordinary hand of god in the effecting of it ; and therefore wee ought quietly to yeeld our selves to them , least wee resist even god himselfe . these ( i say ) and other the like arguments in this case , however they may prevaile much with some that have other foundation for their religion besides the scriptures ; yet to an understanding man they will easily appeare to be of small value , as would be more evident in answering them particularly , which i shall readily doe if it bee needfull . but having no purpose here to dispute , but rather to invite to a cessation from these occasions of strife and controversie , or at least wise to a due consideration of what we doe ; i shall only answer in generall . it is a saying of divines agreeable also to the experience of good christians , that satan never tempts more dangerously whether by himselfe or others , then when he doth most perswade us not to resist his temptations , but to yeeld our selves to them ; and even the lord himselfe doth sometimes prove his church and people , whether they will cleave unto him ( that is hold fast to his word ) or unto other lords , other lights , other spirits besides his , as deuter. 13. 3. and so the apostle foretelleth , there should be schismes , and heresies in the church , as , for there must be heresies even among you , that they which are approved amongst you might be knowne . and so , but there were false prophets also among the people , even as there shall be false teachers among you . therefore we must not take up our religion upon the credit of men , how great soever they may seeme to be , but examine things by the word of god , and see that it be firmly grounded there . to the law and to the testimony , if they speak not according to this word , it is because there is no light in them . therefore they must prove by the word of god ( not by outward signes and wonders ) the things they teach , and would have practised . and first let us know them fully , and with those noble bereans , search the scriptures , and examine them throughly before we entertaine them . they tell us daily of a greater light , whereby they discerne these things , and other great and glorious things that are working and already begun in the world within these three yeares , and will shortly be accomplished , even so great and so excellent a change in the world as may seeme to be a heaven upon earth ; the lord grant it , and hasten it ; but withall let us desire and expect these things with sobriety and watchfulnesse , lest whilst our eyes be taken up and dazzled with a present expectation of these high and glorious things , we see not the danger that is at our feet , but be caught in the snare before we be aware , remembring the words of our saviour in this case , when his disciples asked him saying , lord wilt thou at this time restore the kingdome to israel , he answered , it is not for you to know the times or the seasons , which the father hath put in his own power . i have read in some history of the west-indies , that about 100 yeares since or more , the iland vianis ( which some of our men are now gone to discover ) and all those ilands thereabout were inhabited by certain indians , which for ingenuity and feature surpassed many others ; these held the immortality of the soule , and thought that when it departed the body , it went to a kinde of purgatory , which they supposed to be the cold northern mountaines congealed with frost and snow ; where after it was sufficiently purged , it went from thence into countreys more southerly , and there abode for ever , enjoyning a thousand delights and pleasures . the spaniards having knowledge of this opinion of theirs , and wanting men to work in their gold mines , came thither with ships from hispaniola or cuba ( which are to the southward ) and making some goodly shew , told these silly indians that they were come from the southern parts , places of great felicity , where the soules of all their ancestors and friends departed were in all joy and happinesse ; and they were now come to transport them immediately thither , that they might never come at all into that purgatory in the northren parts : these simple people being dazelled with the conceit and imagination of these things , could not forethink their danger at hand , but came flocking to the spaniards in great numbers ; who when they saw their opportunity set saile , and carryed them thence to their gold mines , where they were soone consumed with grievous service and slavery . in like sort it concernes us not to be so much transported with any glorious pretences of some great temporall freedome and felicity at hand , as to be drawne in any sort from the church of england , especially as it is now reformed and in reforming , but to know fully of those that would draw us whither they would have us goe , and upon what grounds , that so we may search the scriptures , and throughly examine those grounds thereby . god hath delivered our nation ( as many others in christendom ) from under the bondage of the great antichrist , we have not prized this deliverance , nor made that use of this liberty , nor those many mercies and blessings accompanying it that we ought . and considering our great abuse of gods favours , and in particular the sinnes of this place in all sorts , magistrates , ministers and people , and especially the evident unsoundnesse of those that are professors here : it were just with god whilst we look for light to send us darknesse , and whilst we propose to our selves the speedy ruine of antichrist , great freedome and glorious times ( all which the lord can effect in his due time ) wee fall our selves into another servitude and bondage perhaps as grievous as the former , under petty antichrists . for if that grand antichrist come down ( as we have good hope ) and a company of clergy-men should arise ( whether ministers , or who else ) that should as it were divide his kingdome among them , by assuming every one to himselfe such a like power over his church , or the people committed to his charge as the grand antichrist usurped over the catholique church , and that as he did lure divino ( which they pretend ) surely they would become so many petty antichrists , and the church should be brought into servitude and thraldome as before . and indeed , as the errour to which the iewes were most inclined in generall , was to set up other gods , that is false gods , attributing something to them which was proper to the true god : so the errour to which christians in generall are most inclined , is to set up false christs ; that is antichrists of the clergy , attributing something to them that is peculiar to christ himselfe , or to his church , which is christ mysticall ; as was foretold by the apostles , and is evident by the experience of all ages since christ : and of which our saviour himself seems to give warning , when he saith ; for there shal arise false christs and false prophets , and shall shew great signes and wonders , so that if it were possible , they should deceive the very elect. and by such meanes , even the pope himselfe and all his clergy had their first rising , having the suffrages and helpe of some that seemed otherwise to be good christians . it behoves us therefore to be earnest with god in prayer , to walk more worthy of his grace , and the light of the gospel vouchsafed unto us , least he send us strong delusions ; to be sober minded and watchfull , remembring there will bee alwayes some antichrists , and that the church and people of god is never like to be free from persecution , affliction , and temptation in this world ; and that we shall never have such ministers , whom we may absolutely trust to for our religion ( as some here professe to doe . ) calvin in his preface to psychopannychia , hath those words , is this to learn christ , when a man shall apply his eare to any doctrines ; yea , though they bee true without the word of god ? if thou receive it as from man , wilt thou not as easily entertaine lies ? for what hath a man that is his own but vanity ? therefore we must alwayes have the loynes of our minds girded and our lamps burning , and stand upon our guard our selves : and so follow men ( even the apostles themselves ) as they follow christ . the apostle speaking of ministers saith , let 〈◊〉 man at his pleasure beare 〈◊〉 over you by humblenesse of mind● — advancing himselfe in those things which he never saw ( but are of his own devising ) rashly puft up with his fleshly minde . and in another place , believe not every spirit , but try the spirits whether they are of god : and for trying the spirits , we must follow the rule of our saviour , who saith , beware of false prophets which come to you in sheeps c●oathing , but inwardly they are ravening woolves , yee shall know them by their fruits , &c. and their fruits are their conversation and doctrine : but the conversation of themselves and their adherents , being a thing more personall , and so apt to stirre up offence ( which i would avoid so much as i may ) i forebeare to prosecute . their doctrine then we must examine by the rule of gods word ; which that we may the better doe being a matter that so much concerns us , we should desire as i have before said , we might have the particulars wherein they differ from the publike doctrine and practise of the church of england set down in writing . this if they be not able , or shall disdaine to doe , as not accounting us worthy for whom they should doe it , they must not be offended , nor complaine of us that we are opposers in this matter of the kingdome of christ , and will not be ruled by them in the course of their ministry ; for what discretion were it , to follow strangers we know not whither ? it s like they will say , they are no strangers , they have lived long here . but as we know one of them came by an accident very lately ; the other two though they have been long among us , yet they are in a manner strangers to us , for they are not the same men that formerly they were , having changed their opinions and practises in many things that we know , and it is like in many other things that we know not , and how farre they will proceed , and where they will make a stand wee know not , nor it may be they themselves . if they shall say ( as some pretend ) that the government and discipline which they would have us entertaine , is of it selfe evident by the word of god , to every one whose eyes are not blinded by the god of this world , & that they have declared it already in their sermons , especially in their weekly lectures , which it seemes they have instituted for that purpose : as hee that preached the third lecture seemed to intimate , when speaking of this intended church and discipline , he said , his first reverend brother had laid the foundation , his second reverend brother had shewed what must be the materials of this building , namely , such and onely such as could bring good testimony of their conversion and holy conversation : and he was now to shew the forme and order to bee observed in every particular church , and how each one was to be superiour or subordinate to others ( though he did not this at that time so farre as i understood . ) the same things or to the same purpose were againe repeated in the fourth lecture . but i say , all this notwithstanding , the things are of themselves obscure and doubtfull ; which doubts they have not taken away , but rather encreased . some of which doubts amongst many , i will here set down , not raised from speculations of things afarre off , and not like to trouble us , but such as arise from that which is frequently preached and pressed or practised amongst us . in which though i endeavour to understand things in the best sence , yet because they expresse not themselves plainely , i may mistake their meaning in some things , and therefore also doe the rather desire they would fully and plainly expresse their intent in writing : as one that am ready to joyn in whatsoever i understand , to tend truly and indeed to the advancement of the kingdome , and government iesus of christ , but would not be missed by the devices of men , under this or any other pretence whatsoever . 1. whether they meane to set ut vestries againe , for every tribe as formerly they have done , and so to govern the severall parts of their charge by severall ve●●ries of a douzen men in each vestry ▪ whereof the minister to be the chiefe ; and so to enquire , heare , and present offenders as heretofore ? 2. whether they meane to continue those weekly meetings which they call l●blolly feasts , whereof also the minister is the chiefe ; and what persons shall bee admitted to them , and upon what termes ? 3. whether they meane to continue that lordly or masterly practise of universall catechising all men and women weekly , begun here almost two yeares past , and pressed upon all with great vehemency ; and that all shall still be tied to answer according to that catechise of mr oxenbridges , called babes milke , or some other ? these three practises as they have been used here , being as i conceived their own inventions , and not grounded on the word of god , nor the examples of the primitive or other reformed churches , nor on the lawes of our land , but pressed upon us meerely by their own authority , i did in some sort oppose at their first comming up ; namely , by testifying both privately and publikely my dislike of them , and the reasons why : but especially the last more at large , whereunto i was moved by mr iohn oxenbridge , who took upon him to write a defence of this practise of universall catechising all men and women , and of true beleevers in speciall ; and to answer the objections which i had made against it . but what he hath performed , and how well beseeming his worth and reputation , i leave to the j●dgemnt of such as have or shall peruse my confutation of that his defence and answer , where i have put them together : touching these three practises , i should move sundry questions , but that it seemes they are all laid down of late , and as it is thought will not be taken up againe , therefore we shall passe them over , that we may come to those new things which they urge now . 4. whether this discipline and forme of religion , which they would set up , be the same in all points of moment with any other reformed church whatsoever , except perhaps in providence , where it had no such successe as should induce us to embrace it . if they say , yes , in new-england , we are very doubtfull of that , ( not knowing certainely what is practised there ) the rather for that some have endeavoured to establish universall catechising here upon that ground saying , it was generally used there , which appears not to be true : besides , if such a discipline be there , it is no leading example to us , partly because they have had no long experience of it , and partly because there may be much difference between the people there and here ; for if all magistrates , ministers and people were eminent in piety , we need not much care what government were used , no , though it were wholy arbitrary , for none would injure another ( and to this condition the churches in the apostles times seeme nearest to ●pproach . ) but here where it is farre otherwise , and in other places in generall , men must be wary what discipline and government they set up , presupposing it must come into evill mens hands as well as good , yea , and that more often . 5. whether this discipline be fully set down by any sound divine , and not rather framed by themselves , borrowing from severall churches , and severall divines , what will best serve their turne ? and whether our three ministers agree in all points touching the discipline they would have us embrace ? 6. what severall offices , and how many officers shall be in every church , and how subordinate one to another ? and whether the minister shall not be the chiefe of those officers , or as it were the supreme moderator or governour of them all , without whom nothing shall bee established , and also to have the principall hand in putting in and putting out these officers ? for so they seeme to intimate . 7. whether this minister and his officers will govern and censure the rest according to some lawes or in an arbitrary way ? and if in an arbitrary way , to whom shall they appeale if they have wrong ? and who shall question and judge the minister if he decline from the truth , or be a wicked liver ? and whether this bee not like to prove a very tyrannicall government if it come into evill hands , which must be presupposed ? 8. if they will govern and judge according to some lawes ; what be those lawes ? whether some already extant , or some others which they will frame , and who they be that shall frame these lawes ? and what shall be the severall penalties or censures for delinquents ? 9. what tryall ( in things of importance ) the party accused shall be allowed ? the common law of england ( to avoyd tyranny and injustice , to which the corrupted nature of man is much inclined , and even of clergy men as well as others ) allowes a tryall by 12 indifferent men , which are honest and free men , of good ranke , having no dependance , nor are in feare of the iudge , nor beare no ill will to the party accused , but such as are like to deale impartially , and that upon oath . whether he shall have that or some other so faire a tryall ? 10. what things they be which they will undertake to judge of ? and whether any thing shall bee wholy reserved to the judgement of the civill magistrate ? or whether the party offending , or the matter in controversie , shall be punished or judged of both , namely , by the civill magistrate , and also by th●se ecclesiasticall iudges ? 11. if they say they will judge only of ecclesiasticall matters , what are those matters ecclesiasticall , and how exempted from the jurisdiction and authority of the christian magistrate ? for the pope and bishop obtained of kings that sundry things might bee called ecclesiasticall , and so belong to their spirituall courts ( as they call them ) which are no more ecclesiasticall then other matters which belong not to them . 12 whether these ministers and other officers shall be judged by the christian magistrate in all things as other men ? or how farre forth they shall bee under his jurisdiction and authority , and how farre forth exempted ? 13 from what places of scripture is such a form of government deduced , justified , or allowed ? 14 who shall be the other members constituting these intended churches , and who shall be excluded from them ? to this all or some of them at least seem to answer expresly , that they shall consist only of such as are truly regenerate , and can bring sufficient testimony of their conversion and holy conversation ; and all others shall be excluded as heathens , cananites , publicans , &c. 15 and seeing they have said sometimes , and will , i suppose , grant , that not one fourth part , nor it may be , one tenth part of the people here or in england , are able to bring such sufficient testimony of their true conversion and holy conversation , and thereupon shall be excluded christian society , and reputed as aforesaid , whether this will not breed a most dangerous division between church and common wealth , threatning the ruine of both ? 16. i suppose they cannot but be sensible in part , and foresee the desperate issues of such a separation ; and therfore it would in the next place be known , whether they intend not to salve it by some politick course , contrary to these principles , and what good policy can be used to this purpose ? for mine own part , i can think of none ; for either they must frame religion to the people as the popes and romish clergy did heretofore , making it suteable to the dispositions of most men ; or else ( which is more usuall ) feign a people to religion ; admitting and accounting whom they lift through partiality , favour , and sinister respects , to be truly religious , though they be not , and so receiving them into the church as true converts , though they can bring no good testimony of their conversion and conversation . this policy ( i confesse ) may have faire pretences , and would advance them highly above all men ; as they which opening , no man can shut ; and shutting , no man can open ; this would set them a● gods in the temple of god , the church , and bring them in infinite gaines . but it would set up many antichrists , as busie , violent , and rigorous within the small spheare of their activity , as the great antichrist hath been in his : it would turne religion into policy , making it serve for humane purposes . the faith of our glorious lord jesus christ should be had in respect of persons ; it would prove a tyrannicall usurpation over the true church , as the popish policy hath done ; for which , as for sundry other reasons that might be alleadged ( if it were not palpably wicked ) it ought not to be suffered . 17. whether there be any place of scripture to justifie such a separation as is afore mentioned ? they say , yes ; because john the baptist said to the scribes and pharisees , o generation of vipers , who hath forewarned you to fire from the wrath to come ? therefore a minister may keep out of the church such as cannot bring testimony of their true conversion and holy conversation ; this and other like reasons they alleadge , which are so insufficient , that they need no answer , especially having no purpose , as i have said , to dispute here . but a matter of so great consequence ought to be clearly and foundly proved ; which doubtlesse they can never doe . 18. what times they were wherein the church did thus separate from it selfe all that could not bring sufficient testimony of their conversion and holy conversation ? because they say , in former times it was the usuall practice of the church , but shew not in what times , nor where , nor for what causes . there is no doubt but those that live or fall into grosse or manifest sins , may be separated or excluded ; also in times of persecution they would no doubt be very wary what strangers they did admit into the church ; but that 's not the thing in question . 19. many other doubts in this matter they leave untouched or uncleared ; as 1. whether infants shall be received into the church by baptism before they can bring this testimony ? 2. whether those that have been baptized without such testimon● , have been rightly entred into the church , or shall need to be baptized againe ? such a rumour there is spread , upon what occasion i know not . 3. what manner of testimony this must be ? 4. who must give it , and whether a man 's own testimony may not serve in this case , and when ? &c. these and many other like should be cleared , which we passe over . 20. whether they meane , that any man may of himselfe excommunicate another , when they say frequently , a man may , or i would passe a private excommunication against such or such a man ? 21. what they meane to alter in the administration of the sacraments ? i heare there is much variety of late . the last child which i saw baptized , the minister required the father to say his creed , which done , the minister made an exposition of it , making some doubt also of some part of it , and then asked the father if he would have his child baptized into that faith , who answering , yea , it was baptized ; and thus i heare he useth of late to baptize others . now it would be knowne , why it may not serve the turne for the father to testifie his assent to the articles of the creed &c. as heretofore hath been used ? 2. whether the child and parent also may not be very uncertaine of the faith into which the child was baptized ▪ seeing the ministers exposition is not recorded ? 3. whether they have the same opinion of the creed that they seeme to have of the scriptures , that it may not bee publikely read or repeated unlesse it be also expounded by a minister , and why ? 4. whether this tying of the baptism to the ministers exposition , may not serve as a fit opportunity for hereticks ( not yet discovered ) to baptize children into their heresie ? 22. whether the scriptures be not the word of god , able to make a man wise unto salvation , except only then , when they are pronounced and expounded by a minister ? and whether the places of scripture that we ( which are no ministers ) alledge in any case , be not also the word of god , as true and of as much sorce as if they were pronounced by a minister ? 23. whether the writings of eminent and approved divines may not be read in the church , when there is no sermon ? nay whether they may not prove more profitable then the sermons of some schismaticall or other unworthy ministers ? 24 whether our english common prayer ( having never yet been called in ) may not be read in the church , such things being altered or left out as have bin doubtfull or offensive to good christians ? or whether it is so faulty that it may not bee used at all ? because they will not suffer it to bee read at all where they preach ; and as i heare , intend to abolish the reading of it quite . 25 whether they will permit any other book of common prayer used in any other reformed church , or some other that may be framed , or that no set form at all may be used but such prayers only as the minister doth then conceive , nor any thing read , no not out of the scriptures , but what the minister doth then expound ? 26 how long it is they mean when they say a few dayes , that they would have men that would be converted or receive a further degree of grace to exercise themselves in humiliation , before they shall partake of those enlightnings and comforts they speak of ? and after what manner this is to be done , and from what ground of scripture ? 27 what covenant it is which they perswade so much all the members of this church to enter into at their admittance ( and which as is thought is already begunne ) whereby they must bee bound one to another ? and how farre forth they must assist and defend one another ? what are the particular parts and circumstances of this covenant , and how it shall be confirmed , whether by subscription or by some solemn vow ? 28 whether he which hath entred this covenant , shall still remayn as hee was , a true member of the church and common wealth of england , or be of some other reformed church , or of some separate & independent church ? 29 we grant there is often mention in scriptures of a covenant betwixt god and the people , &c. but whether there may be any warrant in scripture for such a covenant between all the members of this church , as they would have ? they alleadge for it these words , and when paul was come to jerusalem , h● assayed to joyn himself with the disciples : where say some , the word joyn that is in the originall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , signifies a joyning by covenant ; but i finde no such thing in my lexicon . i finde the like word used where it is said , then the spirit said unto phillip , go near and joyn thy self to yonder chariot ; where , by joyning is meant no covenant . other places they alleadge , but we would see some to the purpose if they have any . 30 whether it bee not injurious to the honourable assembly of parliament , to pretend such innovations or changes to be according to their minde , which they have never authorized , nor declared themselves to have any purpose to authorize or allow ? many other doubts i have omitted , but by these which i have noted , is may sufficiently appeare , that though they have long preached of these matters , yet many things remaine very uncertaine . and if they would take the paines to set downe in writing , as aforesaid , all parts of their intended discipline and government , it would be very profitable to themselves ; for it would give them occasion more throughly to consider it , and more wisely to order it . is there cause then that they should bee so incensed against those that make question of these things in a moderate and christian way ? or whom they feare will oppose any of them , as to threaten them with the judgments of this life , and of the life to come ; yea , to assigne them the lowest places in hell , as if themselves were well acquainted , and had such power in disposing places there , as the pope pretends to have in purgatory ? surely we learne in our first entrance into learning , qui dubitat , qui saepe rogat , mea dicta tenebit ; is qui nil dubitat , nil capit inde boni . is it just or reasonable they should accuse , censure , and defame such an one publikely in the pulpit , where the party accused cannot , without offending the congregation , and the lawes , answer for himselfe , though he be innocent ? surely in all equity the accusation , especially of one that is innocent , ought not to be more publike then his defence or answer is permitted to be . is it suteable to christian charity to use heavy imprecations or cursings against such , and when the hand of god is upon such a man in any affliction , as sicknesse losses , death , or the like ; to set him out in the congregation by evident and well known circumstances , as an adversary to god , and as one whom god was now smiting to destruction for his opposition and obstinacy against the kingdom and government of christ ( as they call this their intended discipline . ) doubtlesse it behoves ministers to have some feare of god , and respect of man , and to lay aside these carnall weapons , whereby they would affright and terrifie us , that wee should not dare to quitch nor make the least resistance , whilst in the meane time they set up themselves as lords over us in their intended discipline , calling it the kingdom and govenment of christ ; but if they would indeed set up the kingdome of christ , let them take the sword of the spirit , which is the word of god , and make good what they deliver , by that . and for us ( as many i meane as have care of the preservation of true religion ) let us hold fast to the word of god , and not be discouraged ; nor let that goe , though they upbraid us in a scoffing manner , saying , come you scripturian● , you scripture-men that must have scripture for what you will doe ; come , i will give you scripture enough to overthrow your religion , turne to ezekiel &c. these and many other such speeches , what else doe they rellish but of a spirit of the old antichrist , which being now more discovered and expelled from his former habitation , walks about through dry places , seeking himselfe an habitation in some other persons and places , where in a new disguise he may practise his wonted malice undiscovered . let us stand fast in the liberty wherewith christ ha●h made us free , and not be drawne from the church of england , which we know , to joyne our selves with any new separate and independent church which we know not ; although we heare many contumelious and reproachfull speeches uttered against the church of england . they ought to be better affected , and to give that honour which is due , as they which have sucked her breasts , and received as their naturall , so their spirituall birth there , if ever they were new born . we ought to acknowledge , with thanksgiving the aboundant grace and mercy of god towards the church of england ; who hath made it no lesse honourable then any other reformed church whatsoever , whether we consider the first reformers , being men of fingular piety , and blessed martyrs of christ ; or the purity of doctrine there publikely professed even to this present . or the number of holy martyrs , who have advisedly sealed that doctrine with their blood : or the eminent lights in the ministry successively shining there in great number : or the many and sincere professors and practisers of religon there , ever since the reformation ; or lastly , if we consider the many great deliverances which the lord hath vouchsafed us , from the wicked plots and hostile attempts of the common adversary , crowning all with much prosperity , and causing the fame and glory of it to be spread throughout the world . these and the like have not been seene in their separate and independent churches . in the meane time , we deny not , but that besides our many other grievous sinnes , there have beene also many grosse faults and intollerable in the ecclesiasticall policy and discipline , as it was abused by those that were intrusted with it , and many foule effects have thence proceeded , which have ( especially of late yeares ) corrupted religion , eclipsed our glory , and laid it in the dust , caused the lord to hide his gracious and loving countenance from us : and was like to have proved the remedilesse ruine of church and common-wealth : of which sinnes though wee all stand guilty before god , as having been authors or procurers of them ; yet it becomes not any , that is , or lately was a member of that church , to upbraid her with these things in a despightfull manner : such men according to that saying of the apostle , are jealous over us amisse , yea , they would ( alienate our affections , and ) exclude us ( from the church of england ) that we should altogether love them . but these corruptions as they have beene for the most part forced upon the church , by the usurped power of those which were intrusted , and pretended the greatest care of the church ; so they have been , and wee trust will bee cast out and reformed by the present parliament . now i would not be mistaken , as if i desired to derogate any thing from the dignity of that most eminent calling of the ministry ; i have no such meaning , neither doe i think a worthy minister to be unworthy or unfit for other the most eminent offices or callings in church or common-wealth , were it not that he hath a most eminent calling already sufficient to take up the whole man , and unmeet to be yoaked with other callings , as the apostle saith , who is sufficient for these things ; and the apostles doe reject such employments with a kinde of contempt saying , it is not meat that we should leave the word of god to serve tables , and a little after , we will give our selves continually to prayer , and to the ministry of the word , intimating that these things would hinder them from prayer and the ministry of the word ; whereby it appeares , they would not be deacons , nor take upon them any other office in or over the church , but spend themselves wholly in the word and prayer ; the like might be manifested by sundry other scriptures . and the evill of it hath beene so generally observed in england , that ( as i heard ) queene elizabeth , when she had conferred upon a minister authority and power to rule , was wont to say , i have spoyled a good preacher to day . and surely ( if we observe it ) the desire of superiority and dominion in or over the church , in ministers and clergy men , and the readinesse of princes and people to conferre it upon them ; hath been a principall , if not the principall cause in corrupting religion from time to time , and of setting up the great antichrist , and many others , as might easily be shewed if it were not an argument too long for this place . thus farre ( through the gracious assistance of god ) i have expressed my minde in this matter , to the intent i might stop , so much as in me lies , the setting up of a new discipline and government of our owne framing , seeing we are already freed of all those things that have usually beene burthensome and offensive to good christians in england ; and that we expect daily the further determination and decree of the honourable assembly of parliament in these things , or if i cannot prevaile so farre as to stop it , yet that wee might look before we leap , and understand well what we doe before we doe it . or if neither that may be obtained , yet hence it will appeare , that my selfe and some others deserve no blame , much lesse such evill speeches as are usually vented against us by some , because we will not rashly runne with them we know not whether . and lastly , i desire that this may be a publike testimony of my judgement in these things . for to be present , and heare them daily pressed , and to bee alwayes silent , is taken for a signe of consent and approbation . march 1. 1642. rich. norwood . postscript . since this advertisement of mine came abroad ( though but a month , ) what horrible forespeakings , threatnings , imprecations , and censures have beene publikely denounced against me in severall parts of the countrey , i shall not need to repeat , being too well knowne . neither will i answer them accordingly lest i also be like them ; i will only in the feare of god , and by the comfortable assistance of his holy spirit apply that saying , how should they curse where god hath not cursed ? or how should they detest where the lord hath not detested ? and those words of david , it may be that the lord will look on mine affliction , and doe me good for his cursing this day . a desperate thing it is for men to blaspheme against some good light ; and what is it , to acknowledge the good gifts and graces of god in those which they so bitterly preach against ; and to overwhelm them all with most foule and feigned susspicions and aspersions without cause ? as when they say , satan will not use profane and wicked men , but he makes choise of those that are of good and able parts , men of a religious life , of a blamelesse conversation ; these close hypocrites he makes his instruments to oppose the kingdom of christ ( that is their intended discipline ) &c. with other like speeches . i say it is very dangerous for men thus to give way to wrath and malice . the scribes and pharisces did see , and would no doubt have acknowledged the eminent gifts and graces that shined in our saviour , if he would have applied them to the establishing of their faction . but because he would not doe so , they maliciously traduced him , and said he had an uncleane spirit ; but he reproves their desperate wickednesse , shewing how nearly they did approach , or became guilty of the sinne against the holy ghost . and let every man take heed how they doe cunningly fasten slanders , or otherwise shew despight unto the spirit of grace , because it will not be subordinate unto their ends . i could wish also they would consider the words of marsilius patavinus , in his book entituled , defender of the peace , where speaking of those that presume to frame or presse orders , decrees , and other parts of discipline , without license of the true law-giver or prince , and endeavour to draw people to the observation of them by surreptitious words , as it were compelling them by threatning eternall damnation to such as transgresse them , or denouncing execrations , reproachfull speeches , excommunications , slanders , revilings , or other maledictions against them , or any of them , in word or writing ; such ( saith he ) are to suffer corporall punishment in a most high degree , as conspirators , and stirrers up of civill schisme , or division in a common-wealth . for it is saith he , a most grievous kinde of treason , because it is committed directly against the royall majesty of the prince and his soveraigne authority ; and tendeth to set up a plurality of supreame authorities or powers , and so of necessity to the dissolution or overthrow of every civill government . they object also , that i am but a lay-man , and therefore should not meddle with matters of divinity , applying that proverb ne sutor ultra crepidam , and saying , that even the sunne , moone , and starres , wherein he hath skill , should teach him that lesson , which alwayes move in their owne spheares , except they be wandring starres , for whom the blacknesse of darknesse is reserved for ever , with many other bitter expressions . but this is an old plea of the popish clergy , to hold the people in ignorance and thraldome , and should not be taken up by those that would seeme to be more opposite to popery then protestants are . that eminent and blessed divine doctor sibbes was of another minde , who speaking in commendation of mr sherland ( that was no preacher ) disdaines not to say he had good skill in controverted points of divinity , and that he was a good divine . and surely the calling of a christian is of that importance , that he must , if need so require , omit whatsoever calling he have besides , to make good that one most necessary , neither can he justly be charged to move out of his spheare whensoever he meddles with matters of christianity and religion , especially such points as he is pressed to embrace and submit unto . the apostle exhorts us all , that wee should earnestly contend for the faith which was once delivered unto the saints . and i may fitly answer them in the words of that renouned souldier of christ doctor bastwick who being checked by the bishop of canterbury in like sort as i am by these , that he being a physitian , a lay-man , should presume to write of some points in divinity , answers in latine , to this purpose in english . i writ a book ( saith he ) not to finde my selfe employment or to stirre up strife , but of a christian minde and affection , according to my duty to god and my prince . the reproach of a lay-man toucheth not me , for he which hath vowed himselfe to christ is one of gods clergy . the ancient church doth not acknowledge that surname of a lay-man , but reckons it among the soloecismes of the beast . we have given , promised , and vowed unto christ in baptisme our name and faith ; and have solemnly denounced battell against the flesh , the world , the devill , herefie &c. against which wee must fight unlesse wee put off the reverence and respect of our vow . how unseasonable is it then to ask by what authority we fight against these ? ( and a little after ) shall that be a fault in me , which is a praise to divines ? they exercise physick , grazing , merchantdize , they husband their grounds , plant , gather in their fruits , they all may doe all things , i envy not ; yet i wonder we should be so streightned , whilst they have such liberty . but if some blunt fellow should ask a divine , hear'st thou good man , what hast thou to doe with the court , with privy councell , with seats of judgement ? what hast thou to doe with renting lands , with planting vineyards , with breeding cattell , with money the provocation of all evills ? would he not check such a bold question with some sharp answer ? yes doubtlesse he would . what then should we doe when we are asked , what wee have to doe with god , with christ , with religion , with the truth ? we will laugh to scorne such envious questions , and performe with diligence what god calls us to . wee will endeavour with all chearfulnesse the defence of the truth , the conservation of religion ▪ the observation of our fidelity and allegiance to that soveraigne authority which is over us ; rendring an account of our endeavours to him , to whom wee have vowed our selves &c. he that desires to see his defence more at large , may peruse his apology to the english prelates . now i beseeth you brethren , mark them diligently which cause division and offences contrary to the doctrine which yee have learned , and avoid them . 18. for they that are such serve not the lord iesus christ , but their own● bellies ; and with faire speech and flattering , deceive the hearts of the simple . march 30. 1643. finis . notes, typically marginal, from the original text notes for div a91187-e540 a psal . 73. 9. b exod , 22. 28. acts 23. 5. c 2 pet. 2. 10. d 2 thes . 2. 4. e 2 pet. 2. 11. rom. 13. f mar. 15. 7. g jer. 4. 19. k martins eccho . p. 5. 6. the nativity of sir iohn presbyter , p. 5. 9. 10. 1● . note . n 1 cor. 14. 34. 35. 1 tim. 2. 11 , 12. * which they used in new port pa●●ell , ( contrary to the governours command . a sl●idan , com. l. 5. 10. gastius , de anabaptist : erroribus . bullinger advers . anabaptist . guil. de bres c●ntr . les anabap●●stes . d. featlies dippers dipt , p. 199. 200 , &c the history of the anabaptists . object . answ . * psal . 56. 4. isa . 7. 4. jer. ● . ● . 17 ▪ * see 31. h. 6. c. 1. * psal . 56. 4. notes for div a91187-e2770 gen. 3. 1 , 2 , 12. 1 tim. 2. 14. jude 23. james 2. * pray god you prove so . 1. libellous seditious passages against the ordinances in regulating printing . b neither i nor the black-coats , but the parliament , were the sole authors of these ordinances . * and therefore you who have abused your pen , as much as any man. c you would say illaffected , as your libels against their power , ordinances , and proceedings evidence d so it is in an orderly & regular , though not in a libellous & seditious way . e liberty to print libels , standers , invectives against parliamentary proceedings , is not the subjects liberty or priviledge but his claim and shame . f your libels , carriages proclaim them such . g impious , & seditious , if you will not pious . h rather a diab●licall libell against it . i not to print modest and sober trea●ies , but seditious libels , 〈◊〉 , blasphemy . k it was a parliamentary ordinance of both houses not made by presbiterians . l it seems th●● libeller denies the soules immortality , and writes as it there were no heaven nor hell . libellous , seditious passages against the ordinance for tythes . n they were long before popery ; and being the ministers maintainance warranted not only by the law of nature , of nations , and the old testament , but by the new too , 1 cor. 9. 7. to 16. o if you add , by vertue & in 〈◊〉 of the leviticall law to leviticall priests , your argument , might have some weight , but if by vertue of the fore-cited gospel texts , the law of the land & common equity to ministers of the gospel ( as now tyths are 〈◊〉 ) your 〈…〉 nonsense luke 10. 7. 1 tim. 5. 17 , 〈◊〉 . g●l . 6. 6. 〈…〉 . he should say 〈…〉 . p 〈…〉 q 〈…〉 . 〈◊〉 pet. 2. 10. 〈◊〉 13. 2 , 3. r james 3. 6. 〈…〉 . note . a most independ●nt false calumny . s a grosse scandall , they never de●●red , but to be moderately taxed in equa●ity with others : 〈…〉 their . 〈…〉 . 〈…〉 . t a very modest christian phrase . psal . 58. 〈…〉 well 〈…〉 kingdom 〈…〉 . x 〈…〉 . y 〈…〉 * and is it not much more so in independ . churches , where the minister in truth like a pope rules all the rest at his pleasure ? will admit none but those of his own faction . note note . note . note . note . note . note . master henry burton his vindication of the churches commonly called independent , p. 56. 62 , 63. note . note . such were fit to make independant members . note note note note 2 tim. 3. 7. * gal. 5. 2● . note . note . note . * you mean and conclude ; erge , you must not obey them in pulling down popery , and setting up a presbyteri●ll government againstus now . * not so , but only in things simply civill , and directly against gods word . we must not obey them in things against gods word , but must obey them in all things not repugnant to it , is no contradiction . * no but when god commands us not to obey . * note , the parliament must have no more power then independents give , or mean to give them . * where any such are imposed on them by the parliament , they may passively disobey , not seditiously oppose ; but this is not our present case , but the quite contrary . * a presumptu●us censure of the vow and covenant , and parliaments pressing of it . * you devil-like omit out of the vow and covenant , according to gods word , &c. * a seditious quere to stir up the people against the parliament , and reseinds their acts. * glanvil . l. 14. p. 170. * you should rather say furious sectaries and anabaptistical independents . * your independent conventicles , admit of no appeal , and so are meerly arbitrary and tyrannicall * they may infall●bly expect it from your independent churches who claim by their own private usurped power , authority to exclude all from the sacraments , & their children from baptisme , and imprison all such who submit not to , or oppose their government upon just grounds of piety and policy . * your independent churches power , is such who admit of no appeal or superiour judicature , which presbyterians plead for . * against independents proceedings , admitting no appeals . * doth not your neck deserve to be broken at tiburn , for such seditious incitations to rebellion & mutiny against the parliament ? a loud lye . * why not the independents rather , who are guiltiest of the two , and boast so much of their number in the army , and good service in the wars . * a most false , seditious slander , the contrary being true , that presbyterian ministers pay greater taxes , according to their prop●rtion , then any other men , though many independents scape scotfree . * why may not presbyterians as justly exact tythes for their pains and maintenance , being due by law , as independent ministers both tythes and contributions too , independent officers , souldiers , pay ? * when all ministers are destroyed on both sides , independents lay-preachers , and sectaries will embrace peace , not before , b some think most money sticks in independents singers , who have beene most active in singering and disposing moneyes , of which some of them give very poore accounts . c some thinke independents have born two to one for the presbyterians considering their number . d it s such libellous firebrands as you that doe it . e a grosse scandall to the parliament , tending to mutiny . f this indeed is true of your independents wives , who marry ladyes and rich widdowes who go thus attyred . * this is true of your independent conventicles . * a most sedi 〈…〉 flander . * 2 thes . 3. 2. * acts 16. 30. 31 , 32 , 33. acts 8. 12. 36 , 37. 38. 39. acts 18. 8. neither of which texts warrant your practice of re-baptization of christians formerly baptized by others . * the dippe●s dip● . p. 204 ▪ &c. notes for div a91187-e19500 * this is the independents liberty of conscience where they have power in their hands . note * is this the liberty of conscience independents plead so much for ? let their own law there bee their iudge here . independents liberty and charity to their brethren . not note note their insolency against the power of parliaments . note note * a new independent king and pope . * independents true anabaptists . note this schismaticall practise . note . * this is the lordly anabaptisticall li●erty of conscience that independents grant to their orthodox brethren . * why should not independents hav● the like liberty of conscience as they grant their opposites ? note the manner of ga●hering independent churches and ordi●ation of their ministers . such are fit members for lawlesse independent churches . note this confederacy . * is this liberty of conscience or rather tyrannizing over mens consciences ? † this is independents charity and humility . note note independen●s atrogance and spirituall pride * independents blinde obedience as bad or worse then popish . * independents formerly as episcopall and ceremonious as presbyters . † spirituall pride if not papall . notes for div a91187-e21030 〈…〉 . 〈…〉 . prov. ● . 21. rom. 13. 1. note objections o arrogance● answer 1 cor. 11. 19. 2 pet. 2. 1● act. 1. ● . act. ● . 7. matth. 24. 24. 2 thes . 2. 11. luk. 12. 35. cor. 11. 1. col. 2. 1● . ioh. 4. 1. mat. 7. ●6 . a man would think that seeing there are twelve lay-men ( a● they term them ) to one cleargy-man , be could not retaine his power ●ver them , but experience shewes the contrary , that if he be an active politition that hath authority on his side , and can make use of a popists princiciple which is in most men by nature , he may rule them almost as he list . iam , 〈◊〉 . ● tim. 3 , 15. acts 9. 26. acts 8. 29. 〈◊〉 6. 17. gal. 5. 1. gal. 4. 17. 2 cor. 2. 16. act. 6. 24 notes for div a91187-e23120 numb . 23. 1. 2 sam. 16. 12. rom. 16. 17. rome for canterbury, or, a true relation of the birth and life of william laud arch-bishop of canterbury together with the whole manner of his proceeding, both in the star-chamber, high-commission court, in his owne house, and some observations of him in the tower : with his carriage at the fight of the deputyes going to the place of execution, &c. : dedicated to all the arminian tribe or canterburian faction, in the yeare of grace, 1641 : whereunto is added all the articles by which he stands charged of high treason, &c. this text is an enriched version of the tcp digital transcription a57609 of text r17938 in the english short title catalog (wing r1895). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 22 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a57609 wing r1895 estc r17938 13042437 ocm 13042437 96877 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a57609) transcribed from: (early english books online ; image set 96877) images scanned from microfilm: (early english books, 1641-1700 ; 261:e208, no 10) rome for canterbury, or, a true relation of the birth and life of william laud arch-bishop of canterbury together with the whole manner of his proceeding, both in the star-chamber, high-commission court, in his owne house, and some observations of him in the tower : with his carriage at the fight of the deputyes going to the place of execution, &c. : dedicated to all the arminian tribe or canterburian faction, in the yeare of grace, 1641 : whereunto is added all the articles by which he stands charged of high treason, &c. prynne, william, 1600-1669. [8] p. s.n.] [london? : 1641. woodcut port. of laud on the t.p. attributed to william prynne in the wrenn catalogue. reproduction of original in thomason collection, british library. eng laud, william, 1573-1645. treason -england. a57609 r17938 (wing r1895). civilwar no rome for canterbury: or a true relation of the birth, and life, of william laud, arch-bishop of canterbury: together with the whole manner o [no entry] 1641 3944 105 0 0 0 0 0 266 f the rate of 266 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2002-02 tcp assigned for keying and markup 2002-03 spi global keyed and coded from proquest page images 2002-04 tcp staff (michigan) sampled and proofread 2002-04 john latta text and markup reviewed and edited 2002-05 pfs batch review (qc) and xml conversion rome for canterbury : or a true relation of the birth , and life , of william laud , arch-bishop of canterbury : together with the whole manner of his proceeding , both in the star-chamber , high-commission court , in his owne house , and some observations of him in the tower . with his carriage at the sight of the deputyes going to the place of execution , &c. dedicated to all the arminian tribe , or canterburian faction , in the yeare of grace , 1641. whereunto is added all the articles by which he stands charged of high treason , &c. printed also in the same . 1641. roome for canterbury : or the relation of the birth , life , and proceedings of william laud , arch-bishop of canterbury , and metropolitan of all england . greatnesse● and goodnesse are two severall blessed attributes co●ferred upon man , but seldome méete in one pe●son : greatnesse ma● bee stiled a gift in●erd by fort●ne : but goodnesse , a grace i●fused by god . the fir●● labo●rs in mistrust , and is borne the bonds●ave of chance ; seldome attended without ●●vy ; and though to many pers●ns it appeare excéeding pleasant , yet the higher wee are seated ( although by vertue ) the greater is our fal● , if corrupted by vice . by honour and office men ●●come great ; yet is it not the place ●hat maketh the pers●n , but the pe●son that maketh the place honourable : and that preferment and power , which is both well acquir'd , and worthily con●er'd , non est invitamen um ad tempus , sed perpetuae virtutis praemium : is no tempo●arie invitation , but a perpetuall inheritance . goodnesse is of a co●tra●y condition , men are not t● be accounted good , either for their authority or age , but for their sincerity and actions : hée th●t is good , is better than the good he doth ; and he that is evill , is wo●se ●●an the bad déed done by him . all great men are not ( consideratel● ) goo●● but all good men are consequently great : greatnesse and goodnesse with grace add●d ( ●o ciment them together ) make unques●i●nably a perf●ct ●nd compleate man . here was grace , which had it ●●ene ●●l●s●i●lly inspi●e● , as it was but temporally disposed , might t● that grea●nesse ●ave so combined goodnesse , as from thence could have growne no such tribula●ion . hows●●v●r , let no man grieve at his present afflictions , for they are the rods by which god ●hallis●th his children : i here is nothing that the wo●ld can ●ake awa●●●om us● bec●u●e it can give nothing unto us ; fame fadeth , pote●cy perisheth , weal●h wasse●● : true riches consist , in our constancy in casualty , and though perturbation and punishment be the prison of the body , yet courage and comfort are the libe●ty of the soule , to which i onely adde patience , which is so allyed to fortitude , that shée séemeth to be either her sister or her daughter : things that compulsively come upon us , should be borne with patience and co●●rage , ( of which we have had late president ) and more generous it 〈◊〉 for a man to offer himselfe to death in triumph , than to be drawne unto it with terrour : gaudet patientia duris . i come now to the person . he was borne at reading , of honest parents ; his father was a clothier in that towne , of a competent estate , and carefull to sée his children to be well educated and instructed : this his sonne william being of an excellent wit , and pregnant capacity , was sent from the grammar schoole to oxford , where he was admitted into st. johns colledge , where shortly hee prov'd an ingenious disputant , and ere hee tooke his first degree of batchelour , was well verst in logick , philosophy , and the liberall arts : after he devoted himselfe to the study of theologie , in which he procéeded doctor , with no common applause , attaining to these dignities belonging to so famous an academy ; and being of an active spirit , was called from thence to the court , where he grew so gracious , that after some private preferments , he was first made bishop of st. davis , and thence removed to london : and after the decease of the right reverend george abbot , arch●bishop of canterbury , was inaugurated into that prime see , and was metropolitane of all england : ( steps that his predecessor , who was a clothiers sonne in guilford , had trod before him , whom lesse than two yeares was bishop of coventry and lichfield , london and canterbury . ) what this prelates deportment ( now in agitation ) in so high a dignity was , is sufficiently noys'd amongst all ; made apparent by his dia●conicall censures in the star-chamber , the high commission court , &c. and it was a great aspersion iustly cast upon such high authority , that hee so much affected summum jus , iustice without mercy , as sparing neither person nor profession , and to leave all others ) witnesse how he did persecute the good bishop of lincoln . d. williams , being of his owne degrée and function : his ( more than ) severity , in his rigorous censure and sentence , upon master burton the divine , master prin the lawyer , and doctor bastwick the physiciqn : and even that poore fellow thomas bensted , whom he caused to be hang'd , drawne , & quartered ; he could make that a matter of treason , though he was but a subiect : his threatning of the honest iudges , his 〈◊〉 other officers and ministers of tge kings : his sternnes and 〈◊〉 a●●wers even to gentlemen of worth and now parliament men , who have but pleaded for poore men in iust causes : it was a good wish , that either he might have more grace , or no grace at all , which is now come to passe . it is observed by some , that in all the time of his pontificall prelacy , he never promoted any to church preferment that favoured not of the arminian ●●et , and still when benefices fell , that were either in his gift , or where his power was to have them bestowed , hee hath caused such men to be instituted , and inducted , as either were dunces in learning , or debaucht in their lives : such men being most apt ( for their tempo●ising or ignorance ) to imbrace any innovation that should bée brought into the church : nay , when places have not béene voyd , but supplyed by pious pastors , and devout ministers , that were constant professors of the protestant faith , yet by spies , and intelligencers , such cavills have béene made at their doctrines and disciplines , that notwith●tanding their charge of wife and children , and that their utter undoings impended upon the taking away of their meanes , yet they have béene supplanted , that the other might subsist in their places ; the first turn'd out , the latter took in ; but that which farre transcends the former , that he hath laboured to suppresse the french and dutch protestant churches here in london , who for their conscience and religions sake have abandoned their countries , to aveyd persecution , and have made this famous citie their asilum and sanctuary for themselves and families . it hath béene observed also that he never gave censure upon a iesuite , or seminarie , or any popish priest , though brought before him by his owne warrant , and the pursuivant imployed by himselfe . for though apprehended yet they were never punished : but if to ni●ht imprisoned , to morrow infranchized and set at libertie , or else he so cautelously and cunningly dealt by his agents , secretary windibank , sir john lamb , & others , that they were sent abroad , and he séene to have no hand in the businesse ; when in the interim all the rigorous sentences that past him , were against the zealous professors of our protestant religion . a poore prelate having long waited to speake with this great arch-bishop , and being after much attendance admitted to his presence , in their discourse , the great metropolitane told him , hee was an idle fellow , to whom the other replyed , it is most true , for had i not béene so , i could not have spared so many idle hours to attend upon your grace , to such small purpose . at which he being much mov'd said ; why , what ( fellow ) dost thou thinke of us bishops ? who replyed , i will in plaine tearmes tell your grace what i thinke of you : i can no better compare you than unto the huge brasse andirons that stand in great mens chimnies , and us poore ministers to the low créepers : you are they that carry it out in a vaine-glorious shew , but wee the poore curates undergoe , and beare the burthen . another told him ( when h●e used to play upon other mens miseries ) that his lordship must néeds be witty ( hée being a very little man ) that his head and his heart were so neare together . some have observed , that as hee was a prelate , and primate , so hée greatly favoured the letter p. ( by which may bée coniectured ) the pope , w●ose emblasons , amongst other of his pontificall escutchions , are three bishops , viz , ( i take it thrée bibles ) and to shew he much affected that episcopall letter , his thrée beneuolent and well benefit'd chaplaines were browne bray , and baker . and for the letter p. he was also a great patron and protector to doctor p●ck●i●ton , who for publishing one booke called sunday is no sabboth , wherein he vilified all the observance due to dies domini , the lords day , and another intituled the christians altar , wherein he would have first produc'd , and after propagated popish superstition , he did confere upon him three or foure benefices , worth some two or thr●● hundred per annum , and a prebendary in windsor , valued at thrée hundred more by the yeare . many are the probabilities that he purposed to bring poperie into the kingdome ; as the scotch service book , differing from our english liturgie , especially in words concerning receiving the eucharist , or the lords supper , w●ich was the first incendiary of all these late troubles betwéen the two kingdomes of england and scotland , in which some bloud hath béene drawne , but infinite treasure exhausted ( apparancy néedeth no proofe ) but tha● we leave to the ●e●sure of the higher powres , being an argument , as it hath béene long , so now at this present in agitation : yet the better to define that which before was but disputable , when he came first into the tower , ( and not being acquainted with the place , he desired , that by no meanes he should be lodged where the bishop of lincoln had before laine ; and being demanded the reason . because they were swéet and good , he made answer , o but i feare they ●mell so of puritanisme , that the very ayre of them will halfe stifle or choake me . these sympathising with the rest , may give the world reason to suspect his religion . upon monday , being the tenth of may , when it was knowne that the lieutenant should prepare himselfe to dye , tidings was brought to the arch bishop of the setting up of the scaffold● upon tower-hill , whereon the deputie of ireland was to suf●er death , hee immediately spake to his men saying ; it is no matter when or where we dye , so wee first have time to make our peace and reconciliation with god ; we are all of us borne to dye , though there be many severall wayes to death : for death must at last conquer and have victory over the bodies of all flesh whatsoever . be yée of good comfort , doe not yée be discouraged for me ; i am a man of sorrow and borne to this sorrow ; lord give me strength to bear thy chastisements patiently , and indure them constantly , even to the end and period of my life : i am indéed a man borne of a woman , of a short continuance , and full of trouble and heavinesse : a man indéed , ma●● like to vanity , and compared to the flowers of the field , here this day , it may be gone to morrow ; nay , i am worse , a child of wrath a vessell of dishonour , begotten in uncleanenesse , living in care and wretchednesse , and dying in distresse : o lord i will cry unto thée night and day before i passe through this vale of misery , i will summe up all my offences , i will confesse my vilenesse before thee , and will not be ashamed ; for true confession is the very way whereby i may come unto thée , which art the way , and the onely true way that leads unto life eternall . o the most happy life which the angels enioy , in the right blessed kingdome , voyd of death everlasting ; where no times succéed by ages , where the continuall day without night hath no end , where the conquering souldier , ioyned to that ioyfull quire of angells , & crowned with the crowne of everlasting glory , doth sing to his god a song amongst the songs of syon . i meddle not with any state busines whatsoever : but it séems he bore no great affection to the scots , which is probable by the little love they beare unto him : but most sure we are , that he was arrested of high and capitall treason , first committed to the knight of the black rod , and thence convayed to the tower , where ever since he hath béene in custody of the lieutenant , of whose demeanor during his abode there i shall next speak by the true information of some credible persons , that have observed his deportment . he was not onely frequent and fervent in , and at his orisons in his owne chamber , where hee spent the greatest part of the morning at his private meditations , but very carefull and observant at the wéeke dayes service , at the chappell , but especially on the lords day he came duely , and prostrated himselfe devoutly on his knées , giving great attention both to the service and sermon ; and taking speciall notice of some particular psalmes that were sung before the parson went up into the pulpit , especially the second part of the thrée and thirtieth psalme , the second part of the fortie ninth , and the first part of the hundred and fortieth ( which are worthy any mans reading , being so aptly pickt out for that purpose ) he called the clark one day unto him , and courteously demanded of him whether he happened on them by accident , or had cald them out by his owne conceit ? the plaine old man ingenuously confessed unto him , that he chose them out purposely to put him in minde of his present estate : at which hee modestly smiling , made him no further answer , but departed towards his lodging . further hee was heard to say , that if ever god delivered him from that present durance , and that the king would restore him to his pristine dignities , he would much improve that place , ( meaning the church ) in remembrance that he had béene there a prisoner . it is also reported that a gentleman of quality comming to the tower to give him a visite , and asking his grace how it fared with him at that present ? he made him answer , i thanke god i am well , for it hath pleased his sacred maiesty my soveraigne to provide for me an honourable and convenient lodging , where i have good and wholsome fare , and where ( not withstanding all my troubles and tribulations ) i never yet broke an houre of my usuall and contented sléep . and the morning when the late earle of strafford past by his lodging , as he was led to the place of execution , and mooved his ha● unto him , then standing and looking out of his windowe , he held up his hands and eyes towards heaven , without speaking any thing audible to the observers , as if he prayed earnestly , and inwardly for the salvation of his soule , &c. he was observed also sometimes to speake those words of the psalmist , psal. 82. v. 6 , 7. i have said ye are gods , and children of the most high , but ye shall dye as men , and yee princes shall fall like others , &c. now follow the articles exhibited , &c. the true copy of the articles whereby william laud arch-bishop of canterbury stands charged with high treason . first , that the said william laud , arch-bishop of canterbury , hath traiterously laboured to subvert the fundamental laws and government of the kingdome , by giving his majesty advise privately , and in other places said , that hee would have them gouern'd by civill lawes ; and further said , hee would make the proudest subject in the kingdome , give way to him ; and being told it was against law , he replied he would make it law , and that the king might at his owne pleasure take away without law , and make it warrantable by gods law . secondly , his countenancing of bookes and their authors , for the maintenance of his unlimited and absolute power , wherein the power of the parliament is denied , and the bishops power of prela●y set up . thirdly , that he traitorously went about to interrupt the iudges by his threatnings , and other meanes , to constraine them to give false iudgment in the case of ship-mony , as will appeare both by writings , and his hand , by testimony of divers persons of good worth and quality . fourthly , that he hath taken bribes , and sold justice in the high commission court , as he was arch-bishop , and hath not only corrupted the iudges there , but hath also sold judicial places to be corrupted . fiftly , that he hath endeavoured the incroachment of jurisdiction and institution of canons , which are not onely unlawfull , but prejudiciall to the subject : and that hee hath exercised his authority very cruelly , both as a chancellour , commissioner , and iudge . sixtly , that he hath traiterously assumed a capitall power over his majesties subjects , denying his power of prelacy as from the king . seaventhly , that by false erronious doctrines , and other sinister wayes and meanes , he went about to subvert the religion establish●d in this kingdom , and to set up papistry and superstition in the church . eightly , that by undue meanes and practice he hath gotten into his hand the power of nominating of ministers to spirituall promotions , and hath preferred none but scandalous ministers thereunto , and that he preferred corrupt chaplains to his majesty . ninthly , that his owne ministers , as heywood , laifield and others , are notoriously disaff●cted to religion . tenthly , that hee hath traiterously endea●oured to reconcile us to the church of rome , and to that end hath imployed a iesuite , and a papist-priest , and hath wrought with the popes agents in severall p●i●ts . eleventh , that to suppresse prea●hing , hee hath suspended divers good men , and u●ed u●lawfull meanes by letters , and otherwise to severall bishops , to suppresse th●m . twelth , that he hath traiterously endeavoured to suppresse the french religion here amongst us , which is the same wee are of , and also the dutch church , and to set divisio● betweene them and u● . thirteenth , that he hath traiterously ende●vored to set division between the king and his subjects , and hath gone about to bring in innovatio●s into our church : and hath induced the king to warre with the scots , and many upon their death beds , to give towards the maintenance of the warre . and hath caused the clergy to give fr●●ly towards the same ; and hath broug●t in many superstitions and innov●tions into the church of scotland : and that hee procured the king to breake the pacification , thereby to cause a bloody war betwee● the kingdomes . fourteenth , that to preserve himselfe from being questioned , for these and other his traiterous designes , from the first yeare of his majesties raigne untill now , hee hath laboured to subvert the rites of parliam●ntary proceedings , and to incense h●s majesty against parliaments . by all which words , councels , and actions , hee hath trait●rously laboured to ali●nate the h●arts of the kings leige people from his majesty , ●o set a division betweene them ; and to ruine and destroy his majesties kingdomes . for which they impeach him of high tre●son agai●st our soveraigne lord the king , his crown● and dignity . and the said commons , by protestation , saving to themselves the liberty of exhibiting at any time hereafter , any other accusation or impeachment against the said william la●d , arch-bishop of canterbury . and also , of replying to the answers that he● the said arch-bishop shall make unto the said articles , or any of them , and of offering proofe also of the premisses , or a●y of them , or any other impeachment or accusation , that shall be exhibited by them , ●● the course of parliaments require : doe pray , that he the said william la●d , arch-bishop of cant●rbury may be put spe●dily to answere for all and eve●y the premisses , that such proceedings , examin●tions , trials and iudgments , may be upon every one of them had and used , as is agre●able to law and iustice . finis . seven additional quæres in behalf of the secluded members, propounded to the twice-broken rump now sitting, the cities of westminster, london, county of middlesex, all other counties, cities, boroughs, in england wales, and all english freemen, whose members are secluded: and also to scotland and ireland. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91274 of text r203353 in the english short title catalog (thomason e765_1). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 28 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91274 wing p4077 thomason e765_1 estc r203353 99863327 99863327 115519 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91274) transcribed from: (early english books online ; image set 115519) images scanned from microfilm: (thomason tracts ; 117:e765[1]) seven additional quæres in behalf of the secluded members, propounded to the twice-broken rump now sitting, the cities of westminster, london, county of middlesex, all other counties, cities, boroughs, in england wales, and all english freemen, whose members are secluded: and also to scotland and ireland. prynne, william, 1600-1669. 8 p. s.n., [london : 1660] attributed to william prynne. caption title. imprint from wing. annotation on thomason copy: "january. 4 1659". reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a91274 r203353 (thomason e765_1). civilwar no seven additional quæres in behalf of the secluded members, propounded to the twice-broken rump now sitting, the cities of westminster, londo prynne, william 1660 4679 48 0 0 0 0 0 103 f the rate of 103 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-02 apex covantage keyed and coded from proquest page images 2007-04 emma (leeson) huber sampled and proofread 2007-04 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion seven additional quaeres in behalf of the secluded members , propounded to the twice-broken rump now sitting , the cities of westminster , london , county of middlesex , all other counties , cities , boroughs , in england wales , and all english freemen , whose members are secluded : and also to scotland and ireland . 1 whether their inhuman , uncivil , unchristian , and injurious forcible exclusion of the 22. worthy eminent members of the house , who on the 27 of decemb. last resorted thither to claim their own , the other members , and peoples rights , and discharge their trusts for the peace and settlement of our churches and kingdoms , miserably rent , and almost irrecoverably ruined by their exorbitant jesuitical vsurpations , innovations , and councils ; giving express orders both to their serjeant , door-keepers , and military gards , to keep all the old secured , or secluded members , ( being above 200. yet living , had they been all present with those 22. repairing suddenly thither , upon the rumour of their clandestine sitting , concealed from all but their engaged confederates : ) not only out of the house it self , but th●●●ry lobby , into which the meanest commoner , waterman of england , and all others have , and then had free access ; and shutting them out of both , by loc●●●g and bolting the doors against them , and sending them all thence with highest neglect , after two hours att●ndance , without deigning to take the least notice of them ( as * they have at large rela●ed , ) paralle●'d with their former seclusions in may 7th ▪ and ●th . last , by force of arms , and levying war against 〈…〉 elsewhere , as traytors , only for raising 〈…〉 again , by their command● 〈…〉 all the old members ; be not a more direct , professed levying war against the parliament , far higher treason , and more transcendent breach of privilege and trust , than ever the late king ▪ the lord capel , or other persons beheaded or sequestred by them were guilty of , in levying war against the parliament and their forces only at a great distance from the house , not at the house doores against their members : or the * kings comming in person to the commons house , with his gard and attendants armed only with halberts , swords , and pistols , ( not with armed troops of horse and bands of foot as they ) jan. 4. 1641. and placing them in the lobby , soly to demand 5. members impeached by him of high treason three daies before , without seising or secluding them , or any other members ; expiated by his subsequent acknowledgement and retractation of this his breach of privilege , only through mistake , by two special messages , january the 13th . and 14th . by giving satisfaction for it to both houses ; and promising assurance to the parliament , and both houses , to be for the future , as carefull of their privileges , as of his life , or his crown ; they having even after this his ingenuous satisfaction , the apprentices transitory unarmed force , july 26. 1647. which they voted treason ; and cromwels , and lamberts successive forcible excluding of themselves april 20 ▪ 1653 ▪ and october 13. last , which they branded to be treasonable , and tyrannical , outstripped them all , by their special orders to their guards , and officers , to exclude all old secluded members , and avowing it , when acted and complained of by the members , without the least retractation , redresse , or notice taken of this , or any former forcible exclusion● , imprisonments , and restraints of above 200 ▪ members at once , besides the whole house of peers , when themselves are not yet above 43 ▪ in number , and 7. of those no legal members of the old commons house . and whether this doth not render them enemies to the commonwealth , and to the peace and state of this kingdom , by the house of commons expresse declaration , jan. 5 1641 ? 2. whether it be not a most impudent and insolent presumption in them , to raise the militia of westminster , and middlesex to guard themselves in the house , and yet forcibly to keep out serjant glyn , and mr. bell , their own two burgesses for westmi●ster , and sr. gilbert gerard , the sole surviving knight of the s●ier for middlesex , and the militiaes of * london , and most other cities , boroughs , and counties of england , to exclude their own knights , citizens , and burgesses of the old parliament out of the house , that they may tax , oppresse and domineer over them , at their pleasure ; and a treachery , beyond all president , for them to imploy the army , first raised , commissioned , intrusted , engaged by their commissions , parliament ordinances , votes , declarations , the protestation● , league and covenant , to defend ●nd protect the members and privileges of parliament , from all force and violence whatsoever , to sit and act fr●ely in the houses , without disturbance : to keep three parts of four of their fellow members out of the hou●● and the whole house of peers , by meer force and will , without any hearing or impeachment ; and to impose intollerable uncessant taxes , both on the lords , and secluded members , and all counties , cities boroughs , for which they serve ; only to keep themselves in forcible posession within the house ; and seclude them forcibly out of it ? whether it be not a most sottish , brutish servility , baseness , treachery , infatuation for these counties , cities , boroughs militias and mercinary forces , thus to guard this trayterous , ( & now infamous , odious ) rump , to domineer over themselves , and the majority of the excluded members and lords in the house , and to keep them by their treasonable armed force , & void orders , out of it ? whether it be not both their duty , honour , honesty , interest , and only means of ease , peace , settlement , revival of trade , and restoring the lost honour of our nation , religion , and the rights , freedom , privileges , liberties of our parliaments , and kingdom ; now to joyn all their forces and endeavours , to restore all the secluded members , dishouse these forcible vsurpers , and bring them to publick justice ▪ for their present and past high treasons , since they obstinately persevere in them , without the least shadow of repentance or satisfaction to the people , or the secluded members : witness their new oath of abjuration , jan. 2. and to obey the secluded lords and members , orders , and desires , being the parliament ) rather than their treasonable and illegal votes ? 3. whether all the secluded members for this their last forcible contemptuous seclusion , without any answer or reparations from the sitting rump , have not a juster cause , and more reason now to adjorn themselves , into the city of london , and to sit there as a committee or house by the cities invitation , garded by their militia and the militiaes of westminster , middlesex , herfordshire , essex , & other counties , whose knights and burgesses , are now forcibly excluded ; til this higher force , & breach of their privileges than in any age be redressed by publick declarations against it , and exemplary punishments , the fo●ce at westm. quite removed , and they enabled to sit and act there in peace and safety ; then both hauses had to adjourn into london by the cities invitation * jan. 5. 1641. upon the kings coming to the houses to demand the 5. impeached mmbers , and lord kymbolton , without s●izing them , or secluding others , a small breach of privilege in respect of theirs ? and whether sr. arthur haslerig ( one of the 5. impeached members then , ring-leader of the rump , and their forces now ) can in justice , honour , or conscience , oppose them and denzil hollis ( another of the impeached and secluded members ) therein now ; it being warranted by the president of both houses then , as an incumbent duty on them and the city too ( who gained much honor and respect from the parliament and kingdom thereby ; ) pointed out unto them by their own vote december 27. to take into consideration the case of all absent members , on the 5th . day of january next , being the very day of the month both houses 1641. upon the kings breach of their privileges in demanding the impeached members , made a particular declaraeion against it as a high breach of the rights and privileges of parliament , and inconsistent with the freedom and liberty thereof ; and thereupon adjourned themselves into the guild-hall in london , to sit and act as a committee , which they did till both the breach of their privileges was fully vindicated , their members repaired , and brought back to the house by the city & watermen , in triumph , to sit in safety , without securing , or secluding afterwards . this their vote by a miraculous providence referring to this very day , and occasion , full 18 years after it , and the remonstrance on it , declaring them publick enemies , and to be proceded against as such for this high breach of privilege . 4. whether it be not the extremity of tyranny , injustice , and violation of parliament rights and privileges , for a few guilty members who have violated all oaths , protestations , covenants , vows , declarations , trusts , privileges in the superlative degree , by meer armed force & will , to exclude above 3 ▪ times their number of untainted members , before the least legal accusation , impeachment , bearing , tryal , evidence , or calling them into the house , or to the bar thereof , to hear or answer any charge against them ? when as by the laws of god , nature , nations , the great charter , the fundamental laws of the land , the usual course of justice in every judicature whatsoever , and the law and custom ▪ of parliament , no person whatsoever , much less any member of parliament , least of all the majority of the members , may or ought to be tryed , conviccted , judged , sentenced , disfranchised , or deprived of his persor al , much less his publick parliamentary franchise , liberty and privilege , without a lawfull summons , accusation , indictment , impeachment , tryal , hearing , conviction , by his own confession or evidence , upon his personal appearance in court , or at the bar of the house : it being resolved in the parliaments of 28 e. 3. rot . parl. n. 7 , &c. & 29 e. 3. n. 29. that the judgement given against roger mortymer in the parliament of 4 e. 3. n. 1. upon 14. particular articles of impeachment of high treason in murdering king edward the 2d . after his deposing , forcing the parliament at salisbury , driving away some lords from thence , and other great crimes , was erroneous and illegal , and thereupon nulled and reversed ; because , though the articles were true and notorious , yet he himself was never brought personally to the bar to answer them , nor heard before or when they gave judgement against him . therefore much lesse ought so many innocent , eminent members to be forcibly secluded , and kept out of the house before any articles exhibited , hearing , or tryal in the house , by a few guilty members , thus prejudging and excluding them , and the whole house of peers , ( over whom they have no colour of jurisdiction ) for fear of being legally impeached by them if admitted , for their enormous crimes ? 5. whether these peccant members high treasons , in usurping and ingrossing to themselves alone the divided and united supream authority of the king , lords , and whole commons house assembled in parliament , in voting down , secluding , and engaging against the king , and house of lords , contrary to the express tenor of the kings writs , indentures , oaths , and the act of 17car . by which they pretend to sit ; and their former and late levying war against the secluded membets and lords house , in imprisoning some , and keeping others of them out of the house by armed gards , against their rights , privileges , and the declaration of the whole house , 5 january 1641. upon the kings demanding the 5. impeached members , and their own votes , in the case of their own seclusions by cromwell , harrison and lambert , be not the highest breach of their trusts , and all parliments privileges , rights , and freedom , for which in law , justice , reason , and conscience too , they have absolutely for feited their memberships , and future sitting in the house ▪ from which they may and ought to be perpetually disfranchised by judgement of the secluded members , it being against the duty of a citizen , burgess , and member of parliament , to the prejudice and subversion of the parliament , house , ( yea cities and boroughs too , ) whereof they are members , and to their oaths , protestation and covenant which they took as members , according to the resolutions in james baggs case , cook 11. rep. f. 98 , 99. littleton , sect. 378 , 379. cooks 1 instit. f. 233 , 234. & 4 instit. p. 23 , 43 ? whether some for le●ser treasons and crimes than these , have not had their heads and quarters set upon the top of the parliament house , instead of sitting as members in it ; and the late king lost his head by their own judgement for smaller breaches of privileges , and less dangerous wars against the parliament and members than themselves are guilty of ? whether it will not be juster , equaller , and more beneficial to the people and army , for the secluded lords and members to confiscate and sequester all their real and personal estates for discharge of all publick debts and souldiers arrears , which they have contracted , only to keep up and maintain their usurped antiparliamentary conventicles , and exclude the greatest part of the members and lords out of the parliament by force : than to confiscate and sequester sir geo. booths , or other members and commoners real and personal estates , for endeavouring to remove the force which keeps them out ; and to impose illegal taxes , excises , militiaes , oaths , both on the lords , the secluded members , and all counties , cities and boroughs whom they represent ▪ to exclude them out of parliament ? 6. whether the declaration of august 26. 1647. made upon the speaker lenthals , and other members clandestine departure to the army , upon the apprentices unarmed tumult , and his leading up the army , first of all to the house , to commit a greater force upon it , by driving away , securing , imprisoning and secluding sundry eminent members , ( for which he deserves to be their present general ) whereas there was a visible , horrid , insolent and actual force upon the houses of parliament , on monday the 26. of july last , whereupon the speakers , and many members of both houses of parliament , were forced to absent themselves from the service of the parliament , and whereas those members could not return to sit in safety before friday the 6. of august : it is therefore declared , by the lords and commons , in parliament assembled , that the ordinance of monday the said 26. of july , for the repealing and making void the ordinance of the 23. of the said july , for the setling of the militia of the city of london , being gained by force and violence : and all votes , orders , ordinances , passed in either , or both houses of parliament , since the said ordinance of the 26. of july , to the said 6th . of august , are null and void , and were so at the making thereof , and are hereby declared so to be ; the parliament being under a force , and not free ; doth not absolutely declare , adjudge and resolve , all the rumps votes , acts , orders , ordinances , proceedings touching the militia of london , westminster , and other counties ; excises , customs , monthly contributions , indemnities , pardons , and all other matters ; or for sec●uding or suspending any member , and whole house of peers from sitting , their treasonable perjurious ingagement , and oath of abjuration ▪ to be all null and void , at the making thereof ; and so no waies obliging the city , kingdom , nation , secluded peers , or members in the least degree , since the force upon both houses , securing , secluding of above 200. commons , yet living , continued from dec. 6. 1648. till apr. 20. 1653. and from may 7. 1659. till octob. 13. and now again by the rumps special order and command , from dec. 27. till this instant ▪ and that upon these considerations , and parallels of the force then , with the successive forces since upon the house and secluded members . 1. the apprentices force july 26. 1647. was without arms : theirs by armed gards and souldiers . 2ly . transitory , but for 2. or 3. hours : theirs permanent for sundry whole months and years . 3ly . that without the privity or approbation of the house : theirs by the rumps privity , order and command . 4ly . that upon just provocation , to repeal an ordinance , to alter the militia of london , gotten by practice and surprize of some army officers , without the cities privity , to betray and sever it from the parliament , and reduce both under the armies power : theirs upon mere design and will without provocation , to destroy the king , lords , kingdom , parliament , alter the government , and usurp the perpetual parliamentary and supream legislative , civil and military power of our 3. kingdoms into their own hands . 5ly . they secluded never a lord , nor commoner by force : these not only exclude , but vote down , debar and engage against the whole house of lords , and three parts of four of the commons house ( above 200. of them still living ) against their protestation , vow , league , covenant , former votes , orders , ordinances , the act of 16 car. ch. 1. & 17 car. c. 6. the writs and indentures by which they pretend to sit . 6ly . the members pretended to be forced away by the apprentices , were not above 25 or 30 who went not away til 3. daies after the force , by an invitation from the army-officers , against the house will and privity , the members forcibly secluded and then secured 300. and now above 200. besides the peers , are kept out against their wills , both by the rumps privity and command , from discharging their duties . 7ly . that force was never reiterated by the apprentices : this acted six times actually over and over against the secluded members . 8ly . that was accompanied only with a pretended terror in a few members : this with an actual forcible seclusion of above 200. an imprisonment of more than 45. members sundry weeks , months , and close imprisonment of others of them in remote castles without hea●ing or tryal divers years : and with subsequent imprisonments , and close imprisonments since for refusing the engagement , and a proclaiming others of them traytors in all counties , cities , corporations , churches and chapels , only for raising forces to bring in all the secluded members , and procure a free parliament , for which some are now close prisoners , and their estates sequestred . 9ly . the ordinances , votes , and orders , declared nul and void by this ordinance , were made and passed by near three hundred commoners , without any ▪ gards or order to keep out the speakers , and those fugitive members who voluntarily repaired to the armie : and ratified by the house of lords then sitting without gards to seclude any peer or member ; their orders , votes , ordinances from decemb. 26. 1648. till apr. 20. 1653. and may , 7 til octob. 13. were seldom made by above 40 or 50 commoners at most without the house of peers ; and those now sitting under a force to keep out the secluded members & peers , when they made their last votes , acts , orders decem. 26 , and 27. were but 43. at most , whereof 7. or 8. were no legal members . therfore upon all these considerations both by the speakers own printed letter , july 29. and this ordinance , all votes , orders , ordinances ▪ and acts of the rump ▪ ( the parliament being under such a horrid , actual , visible , reiterated , approved , commanded armed force , and so many members forcibly secluded and restrained ) must needs be void and null to all intents at their very making , and no waies to be owned or obeyed ( as the secluded house of lords , and majority of the secluded commons house , have oft publickly declare to our 3. nations , and the world ) and nothing is or can be valid or legal which they shall order or impose before all the secluded members be restored , without any new test or restriction to sit , act , and vote with that ancient freedom and safety , which of right belongs unto them . 7. whether their present speaker , now ▪ a monstrous plurality , monopoly , medly of sundry inconsistent greatest offices of honor , power and trust , being both sole lord ▪ keeper of their great seal , sole lord general of the armies by land , sole lord admiral of the navie by sea , sole lord warden of the ports , sole gardian of the liberties of england , sole master of the rolls , sole speaker of the commons house at first , and of the two rumps since its dissolution , and sole visible head of their vtopian and harringtonian projected commonwealth in his political , and as strange a compound in his ethical capacity , though but a single person in his natural ; be not a sutable speaker for that monstrous rump now sitting , compacted mostly of members of the old parliament , elected and sitting by vertue of the kings writs , for the defence of him and his realm of england , and to do and consént to such things as by the common advice and council of the prelates , lords , and great men of the realm should be ordaiued ; and yet destroying , engaging , and now swearing against both king , kingship , kingdom , peerage , and house of lords , and secluding all members engaging not with them therein : cre●ting and stiling themselves the supreme authority of the common ▪ wealth of england , scotland and ireland too , by what chymistry and right is yet unknown , being at fir●● by the writs , indentures and act by which they sit , but members of the commons house in the parliament of the king and realm of england : next of some new additional members , by writs in the name and under the seal of the gardians of their yet unshaped commonwealth of england , scotland and ireland ; who peece together with the former , like the feet and legs of nebuchadnezzars image , which were part of iron , and part of clay ; and lastly , the rear of this rump , is made up of the doating old earl of salisbury , and lunatick young earl of pembrook , who have degraded themselves of their peerage , and become baser than the basest commoners , to be the tayl of this strange heterogeneral monster . whether their continuing obstinate , and incorrigible in their tyrannies , treasons , vsurpations , forcible exclusions of the lords , & these their fellow members , notwithstanding all their former and late dissipations by the army-officers , the unsafety of their present condition , the general displeasure of the whole kingdom , secluded lords , commons , and most part of the officers and souldiers against them ; the wonderful providences and rebukes of god himself from heaven ; the admonitions , intreaties , desires of their friends ; the secluded members , city , country , and our 3. nations , and their adding drunkenness to thirst , in voting a new oath of abjuration jan. 2. to keep out all the secluded members , and aggravate their former forcible seclusion in the highest extremity , instead of repairing , or repenting it , and deprive them of all possibility of re-admission to sit and vote together with them in freedom and safety , be not a certain symptom that they are now ripe for another total and final ejection , by some wonderfull divine providence or other , to the deserved ruine of their usurped anti-parliamentary power , persons , families , estates , if not of their very souls ; seeing god himself hath spoken , nay sworn , and will most certainly perform it ; that those who fear not god , nor the king , and are given to change , and being often reproved , harden their necks and hearts too , shall suddenly be destroyed , and that without remedy : and shall never enter into his rest , prov. 24. 21 , 22. ch. 29. 1. psal. 98. 8 , 11. finis . notes, typically marginal, from the original text notes for div a91274e-30 * exact collection , p. 37 , to 78. * 2 of whose 3. citizens , sir thomas some , and mr. vassal are forcibly ▪ secluded , as are both the knights of he●tfordshire , surry . glocestershire , northamptonshire , and most other counti●● ▪ † exact collection , p. 37 ▪ 38 , &c. the humble petition of mr. prynne, late exile, and close prisoner in the isle of iersey presented to the honorable, the knights, citizens and burgesses, of the commons house of parliament. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56174 of text r5106 in the english short title catalog (wing p3981). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 14 kb of xml-encoded text transcribed from 7 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56174 wing p3981 estc r5106 12376733 ocm 12376733 60641 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56174) transcribed from: (early english books online ; image set 60641) images scanned from microfilm: (early english books, 1641-1700 ; 223:1) the humble petition of mr. prynne, late exile, and close prisoner in the isle of iersey presented to the honorable, the knights, citizens and burgesses, of the commons house of parliament. prynne, william, 1600-1669. [2], 10 p. s.n.], [london : 1641. place of publication from wing. reproduction of original in huntington library. eng a56174 r5106 (wing p3981). civilwar no the humble petition of mr. prynne, late exile, and close prisoner in the ile of iersey. presented to the honorable, the knights, citizens an prynne, william 1641 2442 4 0 0 0 0 0 16 c the rate of 16 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2002-04 tcp assigned for keying and markup 2002-04 apex covantage keyed and coded from proquest page images 2002-05 tcp staff (michigan) sampled and proofread 2002-05 john latta text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion the hvmble petition of mr. prynne , late exile , and close prisoner in the i le of iersey . presented to the honorable the knights , citizens and burgesses , of the commons house of parliament . printed anno dom. 164● to the honovrable the knights , citizens , and burgesses , of the commons house of parliament . the humble petition of william prynne , late exile and close prisoner in the i le of iersey . in all humblenesse sheweth . that your petitioner , though not conscientious to himselfe of any voluntary or apparant offence against the lawes of the realme ( to which he ever studied to conforme himselfe ) through the malicious practices and persecutions of some prelates and church-men ( especially the now arch-bishop of canterbury , and peter heylin , doctor in divinity ) whose errors and innovations , contrary to the doctrin & disciplin of the church of england , & extravagancies , in the high comission & other ecclesiasticall courts , your petitioner for his owne reliefe , being there uniustly prosecuted ( had to his wo●ke power oppugned ) hath within eight yeares last past , undergone two heavy censures in the starre-chamber court . the first upon an information there exhited against your petitioner , by mr. noy , deceased , then atturney generall , for some misconstrued passages , inoffensive in themselves , and in your petitioners true intention , being for the most part the words of other approved authours , comprised in a booke , stiled histrio-mastix , written by the petitioner , against common interludes , and lycensed for the presse by m. thomas buckner , houshold chaplaine to the then arch-bishop of canterbury , authorized by the state to lycense bookes , and by him exactly perused and approved both in the written and printed copy , before its publication , and so confessed in the information ; for which authourized booke and passages , your petitioner before the hearing of the cause , was not onely imprisoned in the tower of london without baile of manuprise , for a whole yeares space , denyed accesse to his counsell , convenient time to examine witnesses , and make breviats to instruct his counsell ( the information being generall , and reciting no particular clauses of the booke excepted against ) this exhibits , the onely meanes of his defence , illegally sppressed : some of his councell tampered with to make no iustification , contrary to your petitioners instructions , and desire , whereby his cause was miscarried : but also at the hearing , by reason of those malicious and perverse glosses on the said passages , which the said heylin had collected and presented to his maiesties learned counsell , who repeated his instructions onely ; your petitioner was fined 3000l . to his maiesty , expelled the vniversity of oxford , and lincolnes-inne , degraded from his profession of the law , wherein hee never offended , set in the pillory in the pallace-yard at westminister , where he lost one of his eares ; and two dayes after on the pillory in cheapeside , where he lost the other eare , and had his said lycensed bookes there publikely burnt before his face , by the hang-man , in a most disgracefull manner ; and aiudged after to remaine a prisoner during his life . that after the said censure , to defame and iniure your petitioner the more , hee was charged wrongfully in the decree , as censured for periury , ( though not taxed for it by the court ) and betweene his sufferings in the pillory , the bookes of his study ( twice survayed , and restored to him by order from the lords ) before any ( fine estreated ) by a warrant out of the high-commission signed by the said arch-bishop & others , were seised by on crosse a messenger , who carried them to his house , with which your petitioner charging the said arch-bishop upon occasion , in the open court of star-chamber ; hee there publikely disavowed the same ( though your petitioner can yet produce it under his owne hand ) promising withall , that the books should be restored forthwith ; which notwithstanding were all still detained by his meanes , till they were extended and sold for your petitioners fyne : who shortly after by an order out of the said court , sent to the tower to bee executed , was there shut up close prisoner , and doctor rheeves sent thither to search his chamber for the pamphlet , which the said arch bishop would wrongfully have fathered upon your petitioner , whose friends have beene unjustly prosecuted in the exchequer , and elsewhere sundry yeares , for his fine aforesaid . and your petitioner further saith , that about faster was three yeares , during his imprisonment in the tower , by meanes of the said arch-b●shop , a new information was exhibited in the said court against your petitioner , and others , with certaine bookes thereto annexed ; denying the prelats iurisdiction over other ministers , to be iure-divino . charging them with mony errours and innovations in religion , vsurpation upon his maiesties prerogative , and subucts liberty , abuses , and extortions in the high-commission , and other ecclesiasticall courts , suppressing preaching , and pain-full ministers without a cause ; lycensing popish , armintan , and other erroneus bookes against the sabboth , setting up altars , images and crucifixes , removing and rayling in communion tables , and bowing downe to them , altering the booke of common prayer , the bookes for the gunpowder treason , and late fast in some materiall passages in fauour of popery and papists . which thing ( though very notorious , and oft complained against by this honourable house , in former und late parliaments ) were yet reputed scandalous . and though neither of the said bookes was perticularly charged on your petitioner , in the said information , nor any witnesse produced to prove him either authour or disperser of any of them , yet by denying your petitioner liberty to draw up his owne answere , ( though once a baristor at law ) when as his assigned counsell refused to doe it , by close imprisoning your petitioner , and his servant , by debarring him pen , inke , and paper , whereby to answere , or instruct his counsell , searching his chamber , and taking away part of his answere there found , denying him accesse , to his counsell , and conference with his co-defendants , even at counsell , though joyntly charged with him , rejecting the crosse bill exhibited by him for his defence ; threatning master holt , one of your petitioners assigned councell , sent by the then lord keeper to the tower , to draw up your petitioners answere , and commanding him not to signe it , after it was engrossed : whereupon he refused to subscribe it , contrary to his promise to your petitioner , and by refusing to accept your petitioners answers to the said information , signed with his owne , and master to●●lins , the other of his counsells hands , though tendred by your petitioner , both at the star-chamber office , and in the open court at the hearing the sayd information , for default of answere , ( though two answers were thereto tendred by your petitioner ) was taken pro confesso against your petitioner , and he thereupon fin'd five thousand pounds to his maiesty , pillored , stigmatized on both cheekes , mutilated and dismembred , in a most barberous manner , and the small remainder of his eares , left after his first execution , out off , to the hazard of his hearing , and life , adiudged to perpetuall close imprisonment in the goalt of carnarvan castle in north-wales , a nasty . dog-hole , farre remote from your petitioners friends . which sentence was undu'ly drawne up and executed upon your petitioner , as his atturneys clerke informed him , before it was entred into the booke , or your petitioner could get any copie of it , to except against the same , as hee had iust cause . that immediately after the execution of the same sentence , your petitioner sent to the sayd arch-bishop to desire him to release , or bayle his servant ( who was detained close prisoner for ten weekes space in the messengers hands , and oft examined and solicited by faire promises , and threatnings causlessely to accuse your petitioner , against whom they wanted evidence ) that so hee might attend him during his soares , which the said arch-bishop out of his grace and charity , utterly refused : saying that hee intended to proceed against his said servant in the high commission , where he hath ever since vexed , censured and banded him from prison to prison , onely for refusing to accuse and betray your petitioner . that after the said heavy sentence , your petitioner by an order in the said court , ( by way of addition to the said censure ) was inhibited the use of pen , inke and paper , and all bookes , except the bible , and the booke of common-prayer , and some few bookes for private devotion , and before his wounds were perfectly cured , he was by order removed from the tower to carnarvan ; and some of his friends in chester , who visited him there in his passage , in the presence of his conductors , who had no order to restraine any person from resorting to him , were for this very cause sent for by a messenger , to appeare before the lords of the privy counsell , and likewise cited into the high-commission at yorke , where they were imprisoned , and fined , to the ruine of their estates , enjoyned to make a publique recantation in the cathedrall church , and in the towne-hall of chester . the said commissioners further decreeing that three pictures of your petitioners found in chester , should bee publikely burnt at the high crosse there , which was done accordingly . that your petitioner since his said sentence , hath beene publikely reviled at , and libelled against , both by the high commissioners at york , and in sundry churches , both at chester , and else where , and in divers licensed printed bookes compiled by the said heylin , and published by the arch-bishops privity or command , and that sundry of his friends houses , studies , bookes , and writings have beene violently broken up , ransacked and taken away , and themselves prosecuted in the high commission , out of malice , for the relation they had to your petitioner . that after your petitioner had continued some ten weeks space close prisoner in carnarvan , he was about three years since by a warrant from the lords of the counsell , made in the summer vacation ( to which the said arch bishops hand was first subscrib'd ) ordered by way of exile , to be imbarqued and transported with all privacy into one of the castles in the isle of iersey , and his conductors thereby charged not to admit any person whatsoever , but themselves onely , to speak with your petitioner in his passage : whereupon after some injuries there received by mr. griffith , the kings atturney in those parts ( who endeavoured to seize upon the furniture of his chamber for his owne use ) your petitioner was imbarqued amongst papists , in a bruised ship-wrackt vessell , full of leakes , and after foureteene weekes voyage in the winter season , through dangerous stormes and seas , which spoyled most of his stuffe and bedding , and threatning often ship-wrack to him , he arrived at the said isle , and was conveyed close prisoner into mount orgatile castle , there where the lieutenant governour by an other extrajudiciall order , to which the sayd arch-bishops name was first ordered , to keepe your petitioner close prisoner in a chamber , suffer none but his keepers to speake with him , to intercept all letters to him ; to permit him neither pen , inke nor paper , either to write to his friends for necessaries , or to petition for reliefe , and to permit him no booke but the bible , and those aforenamed bookes , without giving any order for his dyet there , so that beeing deprived of his calling and estate , exiled and shut up close prisoner among strangers , remote from all his friends , denyed all adresse to him by person or letters , hee had certainely perrished in his almost three years close imprisonment there , had not the extraordinary providence and goodnesse of god ( which he shall ever adore ) & the noble charity of those , under whose custody he did remaine , furnished him with such dyet and necessaries , as dyet him both in health and life , in this his close imprisonment and exile . may it therefore please this honourable house , to take these your petitioners almost eight yeares tragicall grievances , of new and dangerous example , into your most sad and just cosiderations , that so they may not become presidents to the prejudice of posterity ; to grant him liberty to send for , and examine all necessary witnesses : to order all clerks , registers , and other officers of the star-chamber , or elsewhere , speedily and freely to grant him the copies of such orders , decrees and writings , as his cause shall require , to release him upon bale , ( being now but a prisoner upon an extrajudiciall order of the lords , and not by vertue of any sentence or decree in court ) to grant him liberty to plead and prosecute his owne cause , since counsell hath so often failed him , and to give him such satisfaction and reliefe as the justice and equity of his cause shall merit . and your petitioner shall ever pray for you safeties , william prynne . mr. prynnes demand of his liberty to the generall, decemb. 26, 1648 with his answer thereto, and his declaration and protestation thereupon. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56153 of text r35131 in the english short title catalog (wing p3941). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 9 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56153 wing p3941 estc r35131 15032727 ocm 15032727 103074 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56153) transcribed from: (early english books online ; image set 103074) images scanned from microfilm: (early english books, 1641-1700 ; 1576:58) mr. prynnes demand of his liberty to the generall, decemb. 26, 1648 with his answer thereto, and his declaration and protestation thereupon. prynne, william, 1600-1669. 1 broadside. s.n., [london : 1648] signed at end: william prynne. imprint suggested by wing. the "generall" is lord fairfax. reproduction of original in the harvard university library. eng prynne, william, 1600-1669. fairfax, thomas fairfax, -baron, 1612-1671. great britain -history -civil war, 1642-1649. great britain -politics and government -1642-1649. a56153 r35131 (wing p3941). civilwar no mr. prynnes demand of his liberty to the generall, decemb. 26. 1648. with his answer thereto; and his declaration and protestation thereupon prynne, william 1648 1419 2 0 0 0 0 0 14 c the rate of 14 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2002-04 tcp assigned for keying and markup 2002-04 apex covantage keyed and coded from proquest page images 2002-05 tcp staff (oxford) sampled and proofread 2002-05 emma (leeson) huber text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion mr. prynnes demand of his liberty to the generall , decemb. 26. 1648. with his answer thereto ; and his declaration and protestation thereupon : for the honourable lord fairfax , generall of the present army . these are to acquaint your lordship ; that i being a member of the commons house of parliament , a freeman of england a great sufferer for , and an assertor of the subjects liberties against all regall and prelaticall tyranny , and no way subject to your owne , your councell of warres , or officers military power or jurisdiction , going to the house to discharge my duty on the sixt of this instant december , was on the staires next the commons house doore , forcibly kept back from entring the house , seized on , and carried away thence , ( without anie pretext of lawfull authoritie or cause assigned ) by col. pride and other officers and souldiers of the armie under your command . and notwithstanding the houses demand of my enlargement both by their serjeant and otherwise , ever since unjustly detained under your marshalls custodie , and tossed from place to place , contrarie to the known priviledges of parliament , the libertie of the subject , and fundamentall lawes of the land , which you are engaged to maintain against all violation . and therefore do hereby demand from your lordship my present enlargement , and just libertie , with your answer hereunto . from the kings head in the strand , december 26 1648. william prynne ; this was delivered to the generalls owne hands at his house in queenestreet , about three of the clock , the same day it beares date ; by doctor bastwicke , who returned this answer by him , upon the reading thereof : that he knew not but mr. prynne was already released , and that hee would send to his officers to know what they had against him . who it seemes act all things without his privity , and steer all the armies present counsells and designes , according to their absolute wills . the publick declaration , and protestation of william prynne of lincolnes inne esquire , against his present restraint : and the present destructive councells , and iesuitical proceedings , of the generall , officers and army . i william prynne , a member of the house of commons and freeman of england ; who have formerly suffered 8. yeares imprisonment ( four of them close , three in exile ) three pillories , the losse of my eares , calling , estate , for the vindicating of the subjects just rights and liberties against the arbitrary tiranny and iniustice of king and prelates , and defence of the protestant religion here established ; spent most of my strength and studyes in asserting the peoples iust freedome , and the power and priviledges of parliament , against all opposers , and never received one farthing ( by way of dammages , gift , or recompence ) or the smallest benefit or preferment whatsoever , for all my sufferings , and publike services , doe here solemn●y declare , before the most just and righteous god of heaven and earth , ( the searcher of all hearts ) the whole kingdome , english nation , and the world , that having according to the best of my skil and judgment , faithfully discharged my trust and duty in the commons house , upon reall grounds of religion , conscience , justice , law , prudence and right reason , for the speedy and effectuall settlement of the peace and safety of our three distracted , bleeding dying kingdoms , on munday , the 4th . of december , i was on wednesday morning following ( the sixt of this instant ) going to the house to dischage my duty , on the parliament staires next the commons doore , forcibly seized upon by col. pride , sir hardresse wa●●er , and other officers of the army ( who had then beset the house with strong guards and whole regiments of horse and foot ) haled violently thence into the queens court , notwithstanding my protestation of breach of priviledge , both as a member and a freeman , by a mere usurped tirannicall power , without any lawfull authority , or cause assigned ; and there forcibly detained prisoner ( with other members there restrained by them ) notwithstanding the houses double demand of my present enlargement to attend its service , by the sergeant , and that night [ contrary to faith and promise ] carried prisoner to hell , and there shut up all night , ( with 40 other members ) without any lodging or other accommodations , contrary to the known priviledges of parliament , the fundamentall lawes of the realme , and liberty of the subiect ; which both houses , the three kingdomes , the generall with all officers and souldiers of the army , are by solemn covenant and duty obliged inviolably to maintaine . since which i have , without any lawfvll power or authority , been removed and kept prisoner in severall places , put to great expences , debarred the liberty of my person , calling ; and denyed that hereditary freedome , which being to me of right , both as an freeman , a member , an eminent sufferer for the publike , and a christian , by these who have not the least shaddow of authority or justice to restraine me , and never yet objected the least cause of this my unjust restraint : i do therefore hereby publiquely protest against all these their proceedings , as the highest usurpation of an arbitrary and tyrannicall power , the greatest breach of faith , trust , covenant , priviledges of parliament , and most dangerous encroachment on the subiects liberties , and lawes of the land , ever practised in this kingdome by any king or tyrant , especially by pretended saints , who hold forth nothing but iustice , righteousnesse , liberty of conscience , and publike freedome in all their remonstrance ; whiles they are tryumphantly trampling them all under their armed iron feet . and do further hereby appeal to , & summon them , before all the tribunalls & powers in heaven and earth for exemplary iustice against them , who cry out so much for it against others , lesse tyrannicall , oppressive , uniust , and fedifragus to god and men , then themselves : and doe moreover remonstrate , that all their present exorbitant actings against the king , parliament , present government , & their new-modled representative , are nothing else but the designs and projects of iesuits , popish priests , & recusant , [ who beare chiefe sway in their councels ] to destroy and subvert our religion , lawes , liberties , government , maiestracy , ministry , the present and all future parliaments , the king , his posterity , and our three kingdomes , the generall , yee officers , and army themselves , and that with speedy and inevitable certainty ; to betray them all to our forraigne popish enemies ; and give a just ocasion to the prince and duke , now in the papists power , to alter their religion , & engage them , and al foraign princes and estates to exert all their power to suppresse and extirpate the protestant religion and posessors of it through all the world , which these unchristian , scandalous , treacherous , rebellious , tyrannicall , jesuiticall , disloyal , bloody present counsels and exorbitances of this army of saints , so much pretending to piety and iustice have so deepely wounded , scandalised , and rendred detestable to all pious , carnall and morall men of all conditions . all which i am , and shall alwayes be ready to make good before god , angels , men , and our whole three kingdoms in a free and full parliament , upon all just occasions ; and seal the truth of it with the last drop of my dearest blood . in witnesse whereof , i have hereunto subscribed my name : at the signe of the kings head in the strand : decemb. 26. 1648. william prynne . an humble remonstrance to his his maiesty, against the tax of ship-money imposed, laying open the illegalitie, abuse, and inconvenience thereof. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91195 of text r209840 in the english short title catalog (thomason e207_3). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 103 kb of xml-encoded text transcribed from 36 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91195 wing p3983 thomason e207_3 estc r209840 99868695 99868695 157722 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91195) transcribed from: (early english books online ; image set 157722) images scanned from microfilm: (thomason tracts ; 36:e207[3]) an humble remonstrance to his his maiesty, against the tax of ship-money imposed, laying open the illegalitie, abuse, and inconvenience thereof. prynne, william, 1600-1669. [2], 44 [i.e. 68] p. s.n.], [london? : printed anno 1641. attributed to william prynne. place of publication suggested by wing. page numbers 63-68 misnumbered 39, 40, 39, 42, 43, 44 respectively. pages 43-44 [i.e., pp. 67-68]: "a list of ships with their charge." reproduction of the original in the british library. eng ship-money -early works to 1800. taxation -england -early works to 1800. a91195 r209840 (thomason e207_3). civilwar no an humble remonstrance to his his maiesty,: against the tax of ship-money imposed, laying open the illegalitie, abuse, and inconvenience th prynne, william 1641 17850 4 0 0 0 0 0 2 b the rate of 2 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2007-06 tcp assigned for keying and markup 2007-06 aptara keyed and coded from proquest page images 2007-07 robyn anspach sampled and proofread 2007-07 robyn anspach text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion an hvmble remonstrance to his maiesty , against the tax of ship-money imposed , laying open the illegalitie , abuse , and inconvenience thereof . printed anno 1641. an hvmble remonstrance to his maiesty , against the tax of ship-money imposed , laying open the illegalitie , abuse , and inconvenience thereof . most gracious and dread soveraigne , wee your poore and loyall subjects of this your realme of england , now grieved and oppressed with the late taxes imposed upon us , for setting out of diverse ships , for guarding of the narrow seas , without a common assent thereunto had in parliament , doe here in all dutie prostrate our selves , and this our remonstrance against the said taxes , at your highnes feete , beseeching your majesty of your royall justice and clemency , to take the same into your gracious and most just consideration ; and thereupon to release us your poore subjects , from the intolerable burthen and grievance , under which we groane and languish . and here first of all , wee most humbly represent to your most excellent majesty , that the tax of ship-money , is directly contrary to the fundamentall lawes of this your realme of england , which your majesty both in point of justice and honour , is obliged inviolably to preserve , according to the oath made to god and your subjects at your coronation , and your faithfull printed royall protestations since both in your answer to the petition of right , in the third yeare of your highnesse reigne , in your royall speech in parliament , printed then with your command , and your declaration to all your loving subjects , of the causes which moved your majesty to dissolve the last parliament , made and published by your speciall command ; likewise by 22. 23. 42. 43. 44. in all which , your majesty to all your subjects comfort , have made their severall declarations of your royall pleasure in these your most royall words : the king willeth , that right be done according to the lawes and customes of the realme , and that the statutes recited in the petition of right , be put in execution ; that his subjects may have no cause of complaint , of any wrong or oppression , contrary to their just rights and liberties , to the preservation whereof , he holds himselfe in conscience obliged aswell as of his prerogative . let right be done , as is desired , and i assure you , that my maxime is , that the peoples liberties strengthens the kings prerogative , and the kings prerogative is to defend the peoples liberties ; i doe here declare that those things that have been done , whereby men had some cause to suspect the libertie of the subject to be trenched upon , shall not hereafter be drawne into example for your prejudice ; and for the time to come , in the word of a king , you shall not have the like cause to complaine ; we were not unmindfull of the preservation of the just and ancient liberties of our subjects , which we secured to them by our just and gracious answer to the petition in parliament , having not since done any act whereby to infringe them , but our care is , and hereafter shall be , to keep them intire , and inviolable , as we would doe our own right and soveraigntie . we also declare that we will maintaine the ancient and just rights and liberties of our subjects , with so much constancy and justice , that they shall have cause to acknowledge , that under our government and gracious protection , they live in a more happy and free estate , than any subjects in the christian world . if then we shall make it appeare to your majesty , that the tax is against the lawes of the realme , and the just and ancient rights and liberties of your subjects ; we doubt not but your majesty , out of your royall justice , and goodnesse , will be most graciously pleased to exonerate us thereof , and never to draw it into example any more . that it is against the fundamentall lawes , just rights , and ancient liberties of your people , we shall make it appeare by these particulars . first , we conceive it is against sundry statutes of this realme . first the statute of magna charta , cap. 29. 39. ratified in parliament 5. e. 3. cap. 9. 25. e. 3. cap. 18. 42. ed. 3. cap. 3. and to the late petition of right in the third yeare of your majesties reigne , who enacts , that no freeman shall be taken , or imprisoned , or disseized from the free-hold or libertie , or free customes to them , or to be outlawed , or exiled , or otherwise destroyed , or pressed upon , nor dealt with , but by the law of the land , and by the lawfull judgement of the peeres ; but diverse of your poore subjects by vertue and authoritie of writs for ship-money , have been taken , and imprisoned by your officers , their goods and chattells seized , distreined and sould , to their great damage and destruction , without any lawfull judgement first given against them , and before the right and title of the tax hath been lawfully heard , and decided against the very tenour of the statute . secondly , against the stat. of 25. ed. 1. de tallagio non concedendo . 14. ed. 3. 2. cap. 1. 25. ed. 3. rich. 2. cap. 9. 1. rich. 3. cap. 2. and the late petition of right , certified by your majesty , which enacts that no tallage shall be laid , or levied by the king , or his heires , without the good will and consent of the archbishops , bishops , earles , barons , knights , burgesses , and other freemen of the comonalty of the realm . by vertue of which statute , your subjects have inherited this freedome that they should not be compelled to contribute to any tallage , tax , ayd , or other charge , not set by common consent in parliament , as is recited by the same petition ; therefore not with this tax of ship-money not setled , but being against the severall acts , against all the acts of tunnage & poundage , and other subsidies , which have been from time to time in all your royall progenitors reignes granted them either for yeares , or for tearme of their naturall lives , as a certaine tax and subsidie for the safety and defence of your seas , against enemies and pirats , and as a free voluntary graunt , because themselves , by your royall prerogative , had no power to impose it upon the subjects ; some few of which acts , we shall here recite , 14. e. 3. stat. 1. cap. 20. & stat. 2. cap. 1. the prelates , earles , barons , and commons in parliament , granted the king the ninth lambes fleece , fifteenth sheafe , ninth part of all goods and chattells in burroughes for two yeares space then next ensuing , to be taken and levied by full and reasonable tax for the same two yeares , in ayd of the good keeping of the realme aswell by land as by sea , and of his warres , aswell against the parts of scotland , france , &c. and elsewhere , with promise that the graunt so chargeable , shall not another time be brought for an example , nor fall to their prejudice in time to come . 5. rich. 2. per stat. 2. cap. 3. a subsidie of two shillings on every tun of wine , and six pence in the pound of every merchandize els imported ( some few excepted ) was graunted to the king by parliament for two yeares , during which time the marriners of the west proffered the parliament to make an army on the sea : provided alwaies that the money thereof comming be wholly imployed for the keeping of the sea , and no part elswhere ; the receivers and keepers whereof were appointed likewise , that the people keeping of the sea armie , shall have all the lawfull prizes shared among them , ; and that the admirall and others of the said army should giue assurance to save the kings friends and allies without danger to be done to them , or any of them by any meanes , which if they doe , and it be proved , they shall put them in grievous paines to make amends , 4. ed. 4. 12. ed. 4. cap. 3. the commons of the realme of england granted a subsidie to the king called tunnage during his life , for the defence of the realme , and especially for the safeguard of the sea , they are the words of the said act repeated , which act was continued and revived 40. h. 8. by act of parliament 6. h. 8. cap. 14. which grants him tunnage and poundage all his life , 1. ed. 6. cap. 1. 3. mar. cap. 18. 1. eliz. cap. 20. for the granting of tunnage and poundage , all severally recited , h. 8. & h. 7. have had granted to them being princes , and their noble progenitors , kings of england for time being , by common assent of parliament for defence of the realme , and the keeping , and safeguard of the seas , for the entercourse of merchandize , safely to come in and passe out of the realme , certaine summes of money , named subsidies , of all manner of goods , or merchandize comming into , or growing out of the realme . the words of the forenamed act are these : first , for asmuch as we the poore commons , &c. now we your poore commons wishing that such furniture of all things may be had in readines for time to come , when necessitie shall require for the speedy and undelayed provision , and helpe of the suppressing of such inconveniences , and invasions , humbly desire of your most excellent majestie , lovingly and favourably to take and accept and receive their poore graunts , hereafter ensuing , as granted of true hearts and good wills , which we bore to your highnesse , towards the great costs , charges , and expences , which may be laid out by your majestie , for the causes beforesaid when need shall require . secondly , no dismes , quadrismes , or grand customes , and such like ayd can be imposed , the act of tunnage and poundage , 1 iac. cap. 33. which graunts this subsidie to your majesties royall father during his life , makes the same recitall word for word . if then the subsidie of tunnage and poundage have been already granted as a tax upon his subjects for guarding of the sea , both against enemies and pirats by act of parliament , and not otherwise , and all your royall progenitors have accepted of it in this manner by a grant in parliament , and not imposed any such annuall tax as now by writ , for the defence of the seas by your prerogative royall , we humbly conceive , that your majestie cannot now impose it upon by law , rather because your majestie ever since your comming to the crowne , hath taken and received this tunnage and poundage , and still takes it , and claimes it for a defence onely of the seas , professing in your royall declaration to all your loving subjects by your speciall command , a. 7. pag. 44. that you tooke this dutie of five in the hundred for guarding of the sea , and defence of the realme , to which you hold your selfe still charged , as you declared . now since your majesty receives this dutie at your subjects hand , to this very end and purpose , the moity of which is abundantly sufficient to defend the seas in these dayes of peace with all neighbour princes and nations , and by reason whereof you hold your selfe still obliged to it ; wee humbly conceive , you cannot in point of law and justice , neither will you in point of honour and conscience , receive the said dutie , sufficient with an overplus to defend the seas , and yet impose this heavy tax and burthen upon your subjects , and lay the whole charge of guarding the seas in these dayes of peace on them , as if no tunnage or poundage were taken for that purpose , which none of your royall progenitors ever yet did . fourthly , against most of the acts of parliament for the severall subsidies of the clergie and commonaltie , in all your royall progenitors reignes , and your owne too , who when the annuall revenues of the crowne , and your customes , and subsidies granted them for the guarding of the realme , and seas , by reason of open warres aforesaid , and defensive , or both were not able to supply and defray the extraordinary expences , never resorted to such writts as these for the levying of ship-money , especially in times of peace , but ever to the parliament to supply for the defence of the seas , and realme , by grant of subsidies , impositions , dismes , quadrismes , rated and taxed by parliament , and not by your owne authoritie royall . that is evident by all the acts of subsidies , taxes , ayds , and customes , granted by your royall progenitors , and especially by the 14. e. 3. cap. 21. stat. 2. 15. e. 3. stat. 3. cap. 1. 23. 18. ed. 3. stat. 2. pron. stat. cap. 1. 25. e. 3. stat. 7. 36. e. 3. cap. 14. 11. rich. 2. 9. h. 4. cap. 7. 11. h. 4. cap. 10. 32. h. 8. cap. 23. 37. h. 8. cap. 24. 2. & 3. e. 6. cap. 35. 36. 1. ed. 6. 6. 12. e. 5. p. & m. cap. 10. 11. 5. ed. 6. cap. 29. 13. ed. 3. 27. 28. 17. eliz. 22. 23. 23. eliz. cap. 14. 15. 27. eliz. cap. 28. 29. 29. eliz. cap. 7. 8. 31. eliz. 14. 15. 35. eliz. cap. 12. 13. 39. eliz. cap. 26. 27. 43. eliz. cap. 17. 18. 3. jac. 26. 21. jac. cap. 33. 1. car. cap. 5. 6. & 3. car. cap. 6. 7. expresly recite the ayd and subsidie therein granted were for the defence of the kingdome by sea and land , the maintenance of the navy , and so forth . if now these princes that would part with no title of their just prerogative , and your majesty your selfe have from time to time resorted for supplyes by sea and land to parliament , when tunnage and poundage and your owne ordinary revenewes would not suffice , which they would never have done , might they have supplyed themselves by such writs of ship-money as these are , wee humbly conceive it to be against the common law , and that your majesty ought to run the same course againe , and may not by your prerogative impose this tax of ship-money without common consent in parliament , contrary as we beleeve to the petition of right , confirmed by your majesty as our undoubted rights and liberties , and as the tax of ship-money is against the severall recited statutes , so wee humbly conceive it to be against the very common law , and law books . first , by the common law every severall dutie and service which concernes the subjects in generall or greatest part of them , that is uncertain and indefinite , not reduced to any positive certainty , ought to be rated and imposed by a parliament onely , not by your majesty ( as the partie whom it concerns ) as appeareth by two notable instances , pertinent to the present purpose , whereof the first is , that of taxes uncertaine , which though a dutie to the king , and other lords heretofore upon every voyce royall against the scots , yet because it concernes so many , it could not be taxed ; but by parliament , litt. 2. 97. 98. 100. 102. f. n. b. 8. cooke on litt. sect. 97. 101. 102. secondly , in case of ayd to marry the kings or lords daughter , and to make his sonne a knight , which though a dutie , yet taxed and reduced to a certaintie by a parliament , not left arbitrary , 3 e. 3. cap. 35. 25. e. 3. stat. 5. cap. 11. f. m. b. 82. if then these uncertaine services and duties , to avoid opposition and injustice , ought to be taxed in parliament , much more the uncertaine and indefinite tax being no dutie nor debt at all , and not yet prescribed or reduced to any certainty by any law . secondly , no dismes , quadrismes , or grand customes , and such like , can be imposed by the very common law , though usually subsidies and supplyes , but by act of parliament , as appeareth by all them in fitz and brookes abridgements , titles , quadrismes , 9. h. 6. 13. grand . cust. 26. 4. e. 4. 3. 4. 5. fitz bar. 304. 14. e. 3. 21. 26. e. 3. cap. 11. 45. e. 3. 4. 11. rich. 2. 9. dyer . 45. 6. 165. therefore much lesse the unusuall and extraordinary taxes of ship-money , amounting the first yeare to ten fifteenes , and this yeare to three subsidies a man , of which there is not one syllable or tittle in any of our law books . thirdly , no law can be made within the realme , to binde the subjects either to the losse of libertie , goods , or member , by your majesties absolute power , nor yet by your majestie , nor the lords in generall , without the commons consent in full parliament , as is resolved in these common law bookes , 11. h. 6. 17. ployd . 74. m. 19. e. 3. fitz iurisdict . 28. annum , the very reason why acts of parliament binde all , is because every man is partie and consenting to them , 3. e. 4. 2. 2. e. 4. 45. or 4. h. 11. 22. h. 1. 5. ployd . 59. and 396. if then no lawes can be imposed on the subjects , but such as are made and consented unto by them in parliament , because every law that is penall deprives them either of their liberties , person by imprisonment , or the propertie of their goods by confiscation , much lesse then any tax , or the tax for ship-money , for the which their goods shall be , and are distreined , the persons imprisoned , in case they refuse to pay it , contrary to magna charta promis . stat. fourthly , every subject hath as absolute propertie in his goods by the common law , as he hath in his lands , and therefore as your majestie cannot lawfully seize any of your subjects lands , unlesse by some just title or forfeit upon a penall law or condition infringed , or by the parties voluntary consent , so cannot you seize upon his goods , unlesse by some grant from the partie himselfe , either mediately as in parliament , or immediately for some debt , or either granted you in like manner , therefore not for ship-money , unlesse granted by common consent in parliament . fiftly , it is a maxime in all lawes civill and common , and a principle of reason and nature , quod tangit dom . ab omnibus debet approbari , regis iac. 11. 9. this rule holds in all naturall and politique bodies , nothing is or can be effected by the head , hand , or foot alone , unlesse the other parts of the body , or faculties of the soule assent . in all elections popular , where there are diverse electors , there must either be a generall consent of all , or of the maior part , or otherwise the election of the fewest , or one onely is a meere nullitie , in all parliaments , colledges , synods , cities , cathedrals , in laws , canons , ordinances , or by laws , neither levies , nor taxes can be imposed , but by all , or the maior part . the bishop , or the deane without the clergie , the major without the rest of the corporation , the abbot without the covent , the master of the colledge , without the fellowes , the master or wardens of companies , without the assistants , the lords of the parliament without the commons , nor the lesser part , without the consent , or against the greater part ; in all these can doe nothing , either to binde or charge the rest by the common or civill law . your majestie therefore by the same reason , being but a member of the body politique of england , though the most excellent and supreame above all the rest , can impose no lawes , or binding taxes on your subjects , without the common consent in parliament , especially now in times of peace , when a parliament may be called and summoned to helpe these . sixtly , if your majestie shall grant a commission , to imprison , or to seize any of your subjects goods without any indictment or proces of law , that hath been adjudged voyde and against law . 42. h. 8. tit. 5. br. commission 15. 16. therefore your majesties writts to distreine mens goods , and imprison their persons or bodies for ship-money , must be so too . and as your majesty by your letter cannot alter the common law , 6. h. 4. 5. 10. h. 4. 23. so neither can you doe it by your writts , 11. h. 4. 91. br. prerog. 15. 49. ass . 37. h. 6. 27. 3. h. 9. 15. 18. ed. 4. 76. 5. h. 4. 21. ed. 4. 79. book pat . 25. 52. 41. 53. 69. 79. 73. 100. descent 57. dangilt 9. fitz-toll . seaventhly , it is a maxime in law , that no man ought to be judge in his owne case , and therefore no man can have cognizance of pleas where himselfe is judge and partie . and if a lord of a mannor prescribe in a custome to distreine all beasts that come within his mannor damage fezant , and to deteine them untill fine be made to him for the damages at his will ; this prescription is voyde , because it is against reason , that he be judge in his owne case ; for by such meanes , though he had damage but to the value , but of old , he might asseise and have a hundred pound , tit. 31. iac. 2. 11. 212. cau. ibm . 3. e. 3. 24. 4. e. 3. 14. 10. e. 3. 23. 28. e. 3. plac. 20. h. 4. 8. br. lett. 12. 7. h. 6. 13. 9. h. 6. 10. the same holds in reason concerning ship-money , if it lay in your majesties power to impose , what summe they pleased upon your people , you should be judge in your own cause , and so your majestie by your officers mis-information for their owne private lucre might levy farre more than need requires for your service ; yea , so much , and so often , as would soone exhaust your whole estates , which is against both reason , and justice , and therefore this concurrent assent in parliament is requisite , that no more be demanded then shall appeare to be necessary to avoyde opposition , both in frequency of the opposition , the quantitie of the summe collected , and the undue and unequall taxing thereof . eightly , if your majesty by your absolute authoritie , might impose such taxes as there at your pleasure might be fulfilled on your subjects , you may doe it as often , and raise them as high as you please ; for what law is there to hinder you from it , but that which denies you any power at all to doe it . now if you may impose these taxes as often , and raise them as high as you please , even from a hundred to two hundred shippes every yeare , aswell as fortie or fiftie in times of peace , and distreine upon all your subjects goods , and imprison their bodies for it , then all their goods , lands , and liberties will be at your majesties absolute disposition , and then are we not free-borne subjects , but villaines , and rascalls , and where then are our just ancient rights , and liberties , confirmed by your majesty in the petition of right , which you have protested you are bound in conscience to performe and keepe inviolable . ninthly , it hath beene adjudged in auncient time , that the kings of england cannot by their prerogative create a new office by pattent in charge of the people , neither can they graunt murage , or any such tallage to , or demand it of any one by writ , or pattent , because that it is in charge of his people , que ne part est sans parliament , 13. h. 4. 14. br. pat. 12. 37. h. 8. pat. 100. therefore by the same reason that tax , that layes a farre greater charge upon the subject , than any new office , murage , tallage , travers , or thorow toll , cannot be imposed but by act of parliament . tenthly , admit your majesty by your absolute prerogative might enforce the subjects to set out ships to guard the sea , yet we conceive humbly as things now stand , you cannot doe neither in honour , nor justice , nor yet in that way and proportion as it is now demanded . for first , we humbly conceive , that your majesty cannot impose this annuall charge on your subjects , and wholy , because you receive tunnage and poundage of your subjects , on purpose to guard the seas , and ease your subjects of this burthen , which is sufficient to discharge the service , with a large surplusage besides to your majesty , either therefore your majesty must now both in justice and honour release the tax of ship-money , or els your tunnage and poundage , since either of them are sufficient for the service , and one of them not due , if the other be taken . secondly , we humbly conceive that you cannot demand it now in a generall peace , when there is no feare at all of forraigne enemies , or open warre , proclaimed against any neighbour prince , or state , there being , as we beleeve , no president for any such tax in the time of peace . thirdly , we conceive that since the writ enjoyned every county to furnish a ship of so many tunnes , for so many moneths ; first , that no counties can be forced to furnish , or hire any ships , but those that border on the seas , and have shipping in them . secondly , that they cannot be compelled to furnish out any other ships , of any other burden , than such as they have for the present , unlesse they have convenient time allowed them to build others . thirdly , they cannot be compelled to levie so much money , to returne it to your exchequer , or to any of your officers hands , as now they doe when they cannot call them to account , to see how the money is imployed , but that they may , and ought to appoint their owne officers , treasurers , and collectors , to make their owne estimates , proportions , and provisions at the best , and cheapest rates , as every one doth that is charged and over-rated in their estimates , and put to almost double expence by your majesties officers , who are not , neither can be compelled to give your subjects any accompts , as those officers may be that collected the subsidies of tunnage and poundage anciently were to doe , 5. r. 2. cap. 3. fourthly , that they cannot be compelled to hire your majesties ships at such rates and with such furniture and provisions , as your officers shall seeme meet to have and appoint for them ; for by the same reason , your majesty may enforce those gentlemen and grand souldiers , who are bound to keepe launces , and light horses , or to provide armes in every countie , though they have armes and horses of their owne , which are serviceable , to buy or hire your majesties horses and armes every yeare at such rates as your officers please , and lay by their owne at your owne officers rates , and your merchants that traffique , onely in your majesties ships , not in their owne at your owne officers rates , there being the same reason in both . but your majesty , as we suppose , cannot enforce your subjects to the one , to hire your horses , armes , or ships , to trayne or trade with , therefore not to the other . fiftly , that they cannot be compelled to contribute money to set out forty seven ships , as they did the last yeare , and yet but twenty seven , and some of them of lesse burden then limited in the writts to be set out by your officers , and so scarce halfe the pretended number imployed , and not that money collected , disbursed in that pretended service . sixtly , that they cannot be enforced to provide forty , forty five , fifty shot round of powder and bullets for every piece in the ship ; now there is a generall peace , and no likelihood of sea-fights , when fifteene , twenty , or twenty five at most round is sufficient , and no more was allotted in eighty eight , when the spanish fleet came against us , and was of purpose , as may seeme , to put them to double charge . seaventhly , that they cannot be enforced to pay for new rigging , cables , anchors , carriages , powder and shot , matches , pikes , muskets , & that every yeare , when little or nothing at all of that provision provided and payd for by them the first and last yeare both , is spent but onely victualls , and wages , and all the other provision at the end of the service taken into your majesties store-house , and so to buy their owne powder , when the twenty seaven ships were set out , and thereby at the first gained foure pence in every pound of powder , when they were so set out , all which were taken into your majesties store-houses at their returne , but what was vainely shot and spent away the last yeare , and bought againe afresh , amounts to sixteene pence cleere gaine in every pound , and if this third yeare were brought over againe , as it is likely according to a new estimate , will be two shillings foure pence cleere gaine in every pound , the like doubled and trebled againe will be now and every subsequent yeare , if this tax proceed upon powder , shot , and match , carriages , and so forth , and all such victualls the onely provision that is spent , the most part of the rest returning , which if your subjects found and provided at the best rate , and tooke againe into your owne stores upon the ships returne one quarter of that that they are now rated at , at the best rate , by reason that the remaining provision would discharge the intended service . eightly , that they cannot be enforced to contribute seaven thousand pounds to the furnishing out of a ship of seaven thousand tunne , according to your majesties officers estimation , when as they themselves would every way furnish one at the first for five thousand pound and lesse , and the next yeare for lesse than halfe the money , by reason of the remaining store . ninthly , that they cannot be enforced to give your majesty after the rate of sixteene shillings or eighteene shillings the tunne , by the moneth , for the hire of your ships , when as they can hire other ships for foure or five shillings the tunne a moneth , or under , and your majesty allowed them no more for their ships than foure shillings a tunne , when they were imployed at callis or rochell voyage , some of which money is yet unsatisfied , through the officers default , to their impoverishing , whereas your majesty receives all , or the most part of the money before hand , ere the ships doe set out to sea . tenthly , they ought not to be charged with any such tax , unlesse those officers and others whom your majesty imployes to guard the sea , put in good securitie , and preserve your subjects , friends , and allies , from pirats and others without damage and losse to any of them . and if any sustaine any damage or losse as none ever did more in our memory , than the last yeare in the west coasts by the turkes , to give them full satisfaction and damage , as those that undertooke to guard the seas at the subjects charge were obliged to doe , 5. rich. 2. stat. 2. cap. 3. the which is but just and equall . eleventhly , they conceive , that every subject that is not a sea-man , is bound by the law to provide horse and other armes for land service , at their owne proper costs , according to their estates and abilities , and therefore ought not by law to be double charged with sea and land service too . but that marriners and sea-men that are freed from land service , muster and armes , ought onely to be charged with the sea-service , either out of their owne proper costs , if discharged of tunnage and poundage , or else upon your majesties , as they were in mathew paris , anno 1213. cap. 224. mathew westminster , anno 1613. pa. 91. and since in eighty eight , when land-men were discharged from sea-service , and sea-men from land-service , the one serving with their horses and armes onely on land , the other with ships on the sea onely : when philip of france intended to have invaded the land , and deprived king iohn of his crowne , whom the pope had injuriously deposed . upon those grounds wee humbly represent this to your majesties just and royall consideration . and we most humbly conceive the tax of ship-money is altogether unjust and unequall , especially as it is now ordered , and therefore humbly pray to be freed therefrom . secondly , admit your majesty by your absolute power prerogative , might impose this present tax as it is now levied and ordered , yet it is a great grievance , not onely in regard of the forenamed particulars , specified in the preceding reasons , but of these also ensuing . first , in regard of the greatnesse and excessivenesse of these charges and taxes ; the first to the port townes only for twenty seaven anno 1634. came in most townes to fifteene subsidies a man , and that the last yeare for forty seaven ships to all counties of england and wales , amounting to three or foure subsidies in every countie or more , this present yeare for forty seaven ships to as much , all these payable at once , the highest tax that ever was imposed on subjects in this realme , for ought wee reade in our stories , and that in times of generall peace , when the subsidies of tunnage and poundage , of purpose to guard the sea , by treble , if not six times greater than in queene elizabeths , or any other princes dayes before hers ; and halfe of the tax or lesse , as we shall be able to prove and make good , will furnish out the ships set forth . secondly , the annuall vicissitude of it for three yeares together , in the time of peace , not to be paraleld in any age , which is like to make a dangerous president for us and our posteritie after us . thirdly , the inequalitie of taxing of it , in the first tax ordinary merchants charged , to pay , ten , twelve , fifteene , yea , twenty five pound , or more ; when as diverse of your great officers , earles , and lords , who had fortie times greater estates and annuall revenewes , payd but two , three , foure , or five pound at the most . the last yeares tax was rated accordingly in cities and corporations , where the middle and poore sort of people , payd more than the richest ; and in the countrey , where men are now rated by the acre ; some farmers pay more than the richest knights or gentlemen , and many poore men who have scarce bread to put in their mouthes , are faine to sell their pewter , bedding , sheepe , and stocke to pay it ; the like inequalitie is in this present yeare , and how the poore who made such hard shift the last yeare , can be able to discharge this , wee are not able to conceive , especially in london and other cities , who are and have been visited with the plague , where thousands that lived well before the sicknesse , now live upon almes , and they that have meanes and wealth now by the meanes of want of trading , the charge of their families , and their seasements to relieve the poore , are become poore themselves , sitter to have reliefe , than to pay so heavy a tax as this . fourthly , the abuse of some sheriffes and officers , in levying farre more than is prescribed in the writts , as in lincolneshire the last yeare , and other places before . fiftly , the distreining of such goods , chattells , and other commodities , for ship-money , as are imported , not exported , whereas no goods , but of such as had lands onely , have been anciently charged with any tax towards the guarding of the seas , as appeareth in the severall acts of tunnage and poundage . sixtly , the ill guarding of the seas against turkes and pirats , notwithstanding the great tax , more mischiefe being done by them both by sea and land , more of our ships taken and pillaged by sea , and some persons carried away captive from the land , in the west parts these last yeares , notwithstanding the navie , than in many yeares before , and no satisfaction given to the subjects for their irreparable losses , which they ought in justice to receive . if a carrier , or skipper undertake to carry any goods , and they miscarry through his default and negligence , an action of the case lyeth against him , and he shall render all damage to the partie . your majesties officers imployed by you , undertooke to secure the sea this last yeare , yet when they knew the turkes were pillaging in the western parts , they negligently or wilfully left these coasts unguarded to goe southwards , to picke a quarrell with the hollanders fishermen , or to draw them to a composition , not having a ship thereabouts to secure those coasts , but two onely in the irish seas , in the view of which some of your subjects ships were taken , and yet not one pirate taken , or brought in by them , though they did so much mischiefe , and tooke so many of your subjects prisoners , to their undoing . seventhly , the generall feare and jealousie which your poore subjects have of an intention of your great officers to the crowne , and the ayding of the seas , a meere pretence to levie and collect it , which jealousie is grounded on these particulars . first , the continuance of the annuall tax for three yeares together now in times of peace . secondly , the sending out of twenty seaven ships the last yeare by your officers , when money was levied for forty seaven , and the levie of money for forty seaven ships this yeare againe , when not above twenty seaven are to be set out : this yeare againe for ought we heare of so many , if any be collected ; for these twentie ships more than are set out in the beginning of this project , they feare worse consequence in the sequell . thirdly , your officers mis-informing your subjects to buy their owne powder , match , and shot , cording stores , and other provisions afresh , the last yeare and this , with your full pay the first yeare , and then taken into your majesties store at the first and last returne , and reteining the estimate as high the last yeare , and that as at first , when as any third part of the first estimate of the old store , and other things considered , would defray the charge . fourthly , your officers having turned tunnage and poundage , which is onely abundantly sufficient to defend the seas withall , into a meere annuall revenue , and laying the whole charge of guarding the seas upon your subjects notwithstanding . now if the tunnage and poundage to guard the seas withall , be already turned by them into a meere annuall revenue , they feare these also will be so ; the moity of the money collected , being not disbursed for the defence of the sea , for which it is intended . fiftly , the speeches and mutterings of some of your officers , who stile it a duty and project , thereby to improve your majesties revenues , and for the greatest part of the moneys they make it so . sixtly , the stopping of some legall proceedings by replevies or habeas corpus , to bring the rightfulnesse or lawfulnesse of the tax , to a faire , just , and speedy tryall and decision . it ever being formerly adjudged contrary unto magna charta , 129. 2. e. 3. cap. 8. 18. e. 3. stat. 3. 20. eliz. cap. 9. and the judges oath . seaventhly , the levying this as a present supply by some of your great officers , under colour for guarding the seas , of purpose to keepe off a parliament , wherein our particulars may be heard and redressed , and these officers who have abused your majesties trust reposed in them , oppressed your people , and violated the just rights and liberties condignly questioned . eightly , the diverse corporations of le. f. p. together with the clergie men , exchequer men , church lands , auncient demeasnes excepted from dangilt , and all taxes and tallages by prescription or penall charters , confirmed by parliament ; and many that have been priviledged from paying of subsidies , now burthened with this tax , contrary to these charters of exemption ; which severall grievances we most humbly submit to your majesties most wise and gracious consideration . ninthly , admit your majestie might by your royall prerogative , impose the tax , yet the manifold inconveniences ensuing thereupon , both for the present and future , which we shall here likewise in all humilitie represent to your majesties royall wisdome , may justly induce your highnes to free us from this mischievous burthen . for first it causeth a generall decay of trading , both by impairing most of the currant money of england , the meanes of trading , or by breaking and undoing , or casting many poore tradesmen , and those so far behind hand in the world , that they cannot recover themselves againe . secondly , it causeth many farmers in the countrey to breake , or hide their heads , or to give over their farmes , and makes every where such a multitude of poore , that in a short time , the rich will not bee able to relieve them . thirdly , it procureth a great decrease and abatement in the rent and prices of land , and enhaunceth all other kinde of common duties , and provisions , to such an extraordinary rate , as the poore will not be able to live , and subsist , nor the rich to keepe hospitalitie , and traine up their children to learning and services of armes , to secure your majestie , and countrey , if this tax should continue . fourthly , it stops the current of the common law of the realme , by disabling men to prosecute their just suits , and to recover their rights , for want of meanes , which will breed much opposition and confusion , if not prevented . fiftly , it much discontents the minds , and dejects the spirits , and slackens the industry of most of your subjects , and causeth many to leave the kingdome , and to give over trading . sixtly , it so exhausts your subjects purses now in the time of peace , that they will not be able , though willing , to supply your majesty in time of warre , and upon other needfull , important , and necessary occasions ; things considerable , lest that which the history of great britaine , h. 7. 44. sect. 197. as speed writes of dangilt , prove true of this tax . likewise that it empties the land of all coine , the kingdome of all their ships , nobles of all their carriage , the commons of their goods , and the soveraigne of his wonted respect , and reverence , and observance . seventhly , it makes our neighbour princes jealous of us , moveth them to fortifie themselves extraordinarily at sea , more then otherwise they would have done , and to call in the turkes to annoy and infest us . eightly , it much hinders traffique of merchandize , and our fishing , by imploying diverse of our ablest ships , masters , pilots , marriners , and fishermen for this service , who otherwise should and would have been imployed in merchants voyages and fishings . ninthly , it is like to bring in great insupportable burthens , and an annuall and constant pay of above three if not foure subsidies a yeare upon your subjects , and so breed a dangerous president for posterity , if not now released , or withstood ; for though commonly one swallow maketh not a summer , yet as mat. paris hist. angl. 822. & 625. si nunc itcrum fieret , timeri posset non immerito , ne ad consequentiam traheretur ; binus enim actus inducit consuerudinem . eo ipso reststendum est , quod franci contribuerunt . binus enim actus inducit consuetudinem . a double and treble payment without opposition , will introduce a custome and prescription , be the taxes never so unjust and unreasonable ; as the prelates and clergie themselves could joyntly conclude in henry the thirds time , in the case of taxes . these most gracious soveraigne , are the grounds and reasons wee humbly represent to your sacred majesty , against the tax of ship-money , set on foote , as we have just cause to suspect , by such who ayme more at their private lucre , and sinister ends , then at your majesties honour and service , or your kindreds welfare ; upon which we most humbly supplicate your majestie to be exonerated of it , since for the premised reasons , we neither can nor dare contribute any more to it . now because these men who have put your majesty upon these projects , pretend some auncient president for the lawfulnesse of this tax for the ship-money , thereby to induce your majesty , whose justice and integritie they know is such , as will never consent to any the least taxations , unjustly to oppresse your subjects withall , contrary to the just rights and liberties confirmed by your majesty , and your owne lawes , to impose it , and exact it as a just dutie , and lawfull tallage , wee shall here for the opening of the unlawfulnesse of it , give a briefe answer to the chiefest of these presidents , which they produce and suggest to your majesty , to manifest the illegalities of it . in generall , we give this answer to all the presidents they produce to justifie this tax . that there is no direct president in point of law , to compell the subjects to finde ships to guard the seas , or if there be any one such president , yet that never ruled , neither was adjudged lawfull upon solemne debate , either in parliament , or any other court of justice . secondly , the presidents produced that have any colour at all to prove the tax just and legall were before magna charta , and the statutes afore-cited , taxes and tallages without consent of parliament , or at least before tunnage and poundage were granted for guarding of the seas , and not since . thirdly , that they were onely in times of warre , and open hostilitie , not of peace , as now , this will sufficiently answer all presidents that can be produced . fourthly , that they were onely either in times of warres , and open hostilitie , or that they were by assent in parliament , or els withstood , and complained of , as grievous if otherwise . fiftly , that they were onely for suppressing and taking off ships upon the kings hire , and wages , not for setting out of ships on the subjects proper costs , or els for stay of ships for a time , and so impertinent to the case in question . sixtly , that these presidents were not annuall , or for sundry yeares together , but rare , once perchance in an age , and that on speciall occasions , in time of eminent danger , and will not prove pertinent , if duly examined . these generall answers now premised , wee shall descend to the most materiall particular presidents , the answering which alone will cleere all the rest . a maine president they insist on , is that auncient tax of dangilt , they say the same was lawfully imposed by his majesties royall progenitors on his subjects by meere royall authoritie without act of parliament , to defend the seas and realme against the danes . therefore his majesty may now impose on his subjects the like tax by his royall prerogative . to this objected president we answer , that there was a double kinde of tribute , called dangilt , memorized in our chronicles , and writers . the first wigorniensis , and mathew of westminster , anno 983. 986. 994. 1002. 2007. 1011. 871. 873. 1041. polichronic . lib. 1. cap. 5. lib. 7. cap. 15. 16. fabian part 6. cap. 194. 200. graston pa. 162. 164. 165. master speeds hist. lib. 7. cap. 44. sect. 20. 14. 22. 25. lib. 8. cap. 2. sect. 12. william malmesbury de justicia regnt angl. lib. 2. cap. 12. pag. 76. 77. john salisbury de luctis anglie . lib. 8. cap. 22. ad finem . spilman glossar . pag. 199. 200. floud . an. pa. 10. 428. rastalls tearmes de ley , lit. dangilt , minshaws dictionary , title dangilt . seldens mare clausum , lib. 2. cap. 11. 15. imposed by and paid to the danes themselves , as to conquering enemies , by way of composition tribute , to the which the king himselfe did contribute as well as the subjects . this composition was first begun by pusillamenus , king ethelbert by ill advice , cretineus archbishop of canterbury , and other nobles , anno 991. this tribute came to ten thousand pound , anno 983. to as much 986. to 16994. to the like 102. to fourteene thousand pound , anno 1607. to 300. out of kent alone anno 1012. to twenty eight thousand pound , anno 1014. so mathew of westminster and others write , that ethelbert at five severall times paid the danes 113000. pounds , and there was granted to him an annuall tribute of 48000. pounds , to be exacted of all the people , which properly was called dangilt ; which tribute was exacted and collected by hardicanute , whose officers were slaine at worcester in gathering up this exonerable tribute and importable , as mathew of westminster , and malmesbury terme it , de hostibus regni angl. lib. 1. cap. 12. pag. 76. 77. and when king swanus the dane exacted this tribute from saint edmondsbury , out of king edwards lands , which pleaded exemption from it , he was stabbed to death with king edwards sword in the middest of his nobles , as our historiographers report . nay , the dangilt , which may be so termed because it did gelt much and pare mens estates , and emasculated their spirits , hath no analogie with this tax of ship-money . for first it was not payd to a king , but to a conquering enemy . secondly , it was payd by the king himselfe , as well as by his subjects , and that not as a debt or dutie , but a composition or tribute , most unjustly imposed and exacted by an usurping and greedy enemy . thirdly , it was exacted by force and violence , not by law or right . fourthly , it was payd by the joynt composition , and agreement both of king and people , not by the kings absolute power ; that is evident by florentinus wigorniensis , and mat. westminster , anno 983. danis omnes portus regni infestantibus , dum nesciretur , ubi eis occurri deberet , decretum est à viris prudentibus , ut vincerentur argento , qui non poterant ferro . itaque decem millia librarum soluta danorum avaritiam expleverunt , anno 991. quo audito , datum est ijs tributum decem millia librarum per consilium syricii cantuariensis archiepiscopi , & aliorum nobilium regni ut a crebis rapinis , cremationibus & hominum caedibus quae circa maritima agebant cessarent , anno 994. tunc aethelredus per consilium suorum nobilium dedit iis pensionem de tota anglia collectam 16000. librarum ut à cadibus hominum innocentium cessarent , anno 1002. rex aethelredus consilio suorum ob multas injurias à danis acceptas tributum illis statuit , & taxati angli fuere , ut pacem cum eis firmam tenerent , cujus postulationem concesserunt , & ex eo tempore de tota angliae sumptus illis & tributum quod erat 36000 lib. persolvebatur , anno 1012. dux edvardus & omnes anglia primates utriusque ordinis ante pascha londini congregati sunt , & ibi tam diu morati sunt , quousque tributum danis promissum quod erat 45000. l. persolverent . by all which it is evident , that this tribute was not imposed by the kings absolute power , and will , but by the common consent of all the peeres in parliament . fiftly , it was payd to save and ransome their lives and liberties from a conquering enemy , not to a gracious prince , to secure them from an enemy . sixtly , it was then thought and called by all our historians an intolerable grievance and oppression ; which as speed saith in his history of great britaine , lib. 7. cap. 44. sect. 147. and others , emptied all our land of all our coine in the kingdome . therefore in all these respects , no warrant at all of the lawfulnesse of this tax , but a strong argument against it , to prove it both an intolerable grievance , and an unjust vexation . the second tax , called dangilt , intended in the objection , is thus defined in edward the confessors lawes , cap. 28. by that famous graund inquest of twelve of the principall men out of every countie of england , appointed by william the conquerour in the fourth yeare of his reigne , as hoveden , pag. 602. 603. dangilt was enacted to be payd by reason of pirats infesting the countrey , who ceased not to waste it all they could . to represse this their insolency , it was enacted that dangilt should be yearely rendred , to wit , one shilling out of every plough land throughout england , to hire those that might resist or prevent the occasion or eruption of pirats . the black booke of the exchequer , lib. 1. cap. 11. thus defines it , to repulse the danes ; it was enacted by the kings of england in parliament , that out of every hide of land by a certaine perpetuall rent , two shillings should be payd to the use of valiant men , who had diligently and continually should guard the sea coasts , should represse the force , and the assaults of the enemy ; because therefore two shillings rent was principally instituted for the danes , it was called danes gelt . but that president of the second sort of dangilt , most insisted upon , is so farre from warranting of the lawfulnesse of this present tax , that in truth it is an unanswerable argument against it , if well considered ; for the first , it was not imposed upon the subject by the kings absolute prerogative , as this is ; but granted and imposed by parliament , with the peoples consent , as tunnage and poundage hath been since . this is evident by the lawes of the confessor , et ad eam insolentiam reprimendam , statutum est dare geldum , reddi conjunctim , &c. if therefore at first enacted to be payd yearely one shilling out of every hide of land , to finde men to guard the sea and sea coasts , against the danes and pirates , that then this was certainly granted and enacted by parliament , since the king alone by his absolute power , much lesse to such a writ as now issueth , could make no such act or annuall law . secondly , by this the blacke booke of the exchequer , h. 1. cap. 11. ad injurias igitur arcendas à regibus angliae , to wit , in parliament , where the kings of england are said onely to enact lawes , and the lawes then enacted are said to be the kings lawes and acts , because his assent is unto them binding , statutum est ut de singulis hidis iure quodam perpetuo duos solidos argenti solverent ad usus nostros , cum factum & hoc legitur antiquâ lege , &c. if then this were enacted by a certaine perpetuall law , and payd by an annuall law , as by this exchequer record appeares , then certainly by an act of parliament . thirdly , by an addition to the lawes of king edward the confessor , cap. 12. cited in hoveden likewise , annalium posteriorum pag. 603. which saith that every church wheresoever situated is exempted from this tax , untill the dayes of william rufus , because they put more confidence in the prayers of the church , than in the defence of armes , donec tandem à baronibus angliae auxilium requirebatur ad normandiam requirendam & retinendam de roberto sue fratre cognomine curt. concessum est ei , non lege sanctum atque firmatum , sed hoc necessitatis causa erat de unaquaque hide , quatuor solidos , ecclesia non excepta : dum vero collectio census fieret proclamabat , ecclesiae suae reposcens libertatem , sed nihil profecit , by which exemption of the church and church lands , from this tax , and this request of william rufus to his barons , to grant him their ayd , to gaine and retaine normandy , which they did grant unto him onely for their present necessitie , but did not annually establish and confirme the graunt of foure shillings on a hide land by law , as dangilt first was granted , and that upon the lands of the church , as well as others , it seemes most apparent , that dangilt and this tax succeeding in lieu of it , and then taken by graunt , was first granted by parliament , and that then no such tax could be imposed by kings , even in times of warre and necessitie , to regaine and preserve their proper inheritance , but by parliament . fourthly , by sir henry spilman in his authorized glossary , 1626. title dangelt , pa. 2009. 201 mr. selden in his mare clausum , 1636. dedicated to your majesty , and published by your majesties speciall cōmand , 6. 2. cap. 11. 15. who both include to this opinion , that the dangelt was most imposed by royall authority , but given by the peoples full consent in parliament , and that the taxes which succeeded were not annually granted nor paid , but onely in time of warre , sc. consult . etiam magnatibus & parliament . secundum authoritatem , the advice of the great men of the kingdome and by the authority of parliament . if then this taxe of dangelt to defend the seas was granted and imposed by parliament onely with these taxes that succeed it , not by the kings royall prerogative without a parliament : this taxe for the shipmoney also ought to be thus imposed , and not otherwise even by thefe present examples . secondly , the dangelt was not imposed or enacted in times of peace , but if warre ceased , the taxe also ceased in point of law , and it is iustice according to the law and philosophers rule , cessante causa , cessat effectus , that the taxe lasted and was granted , and lawfully taken , onely during the warres with the danes , is most apparant by the fore-recited orders of edw. the confessors lawes , cap. 12. by the black booke of the exchequelib . 1. cap 11. which addes moreover , that when the land had the taxe being vnder wm. the conquerour , noluit hoc annuum solvi quod erat urgenti necessitate bellicis tempestatibus exactum , non tamen omnino propter importunarum causas dimitti rerum : igitur temporibus ejus vel successoribus ipsius solutum est hoc cum ab exteris periculis bella vel opiniones bellorum fuere , which sir henry spilman in the very same words , in librum glossarii . if then this dangelt though granted by parliament , was due and collected by right on the subjects onely in time of forraigne warres , not in dayes of peace , we have neither open warre nor any opinion nor eminent feare of warres with any enemy , or forraigne danger , but a direct president against it , we being now in peace with all our neighbours , thirdly , the dangelt though granted by parliament , when it begun to be usurped as an annuall duty by the kings of england , and that in times of peace , as well as warre , was complained of as an insufferable grievance , and thereupon formerly released to the subject by foure severall kings : first by that good and gracious king , edward the confessor , of w. ingulphus our ancient historian , pa. 897. which mr. selden in his mare clausum , and sir henry spilman in his glossarium title dangelt out of him writes this , anno 1051. when the earth yeelds not her fruits after her accustomed fertilitie , but devoured divers of her inhabitants with famine , insomuch that many thousands of men dyed for want of bread , the most pious king edward the confessour moved with pity towards his people tributum graviss . the dangelt dict , or by angl. imperpetuum relaxavit , for ever released to england the most grievous taxe called dangelt ; some adde and report , that when his lord chamberlaine had brought the dangelt then collected into his bed-chamber , and carried him in thither to see so great a heape of treasure , the king was agast at the very sight of it , protesting that hee saw a divell dance vpon the great pile of money , and tryumphing with overmuch joy ; whereupon hee presently commanded it to be restored to the first owners , ex tam fera exactions ista ne unum volint ritinere . an excellent precedent both of justice and charity for your majestie now to imitate in these dayes of plague and penury , qui enim in perpetuum remisit ; to wit , in the 28 yeare from that time that swanus king of the danes commanded it yearely to bee payed to his army . in the time of king ethelbert his father , matthew westmonaster . 105 polycronicon . lib. 6. cap. 24. fabian in his chronicle , pag. 150. and speed in his history of great brittaine , liber 8. cap. 6. sect. 7. pag. 410. with others record , that edw. the confessor discharged englishmen of the great and heavy tribute called dangelt , which his father ethelbert had made them to pay to the souldiers of denmark , so that after that day , saith fabian , it was no more gathered . this good king releasing it to all england as a most cruell and heavy taxation , and restoring that mony collected by it , to his eternall honor , we hope his majesties gracious successor can or will alter that which hath beene discontinued 600 yeares and upwards , & can renue it by your prerogative as a lawfull duty , but rather for ever to remit it , and restore the money collected as he did . secondly , it was released by wm the conqueror from requiring it , there was the like tax for a time imposing a taxe of 6s . on every hide of land toward the payment of his souldiers as a conquerour , caused rebellion against him in the western parts , polycronicon lib. 7. cap. 3. fab. 7. lib. cap. 119 220 pag. 300 308. did at the last release this taxe of dangelt but onely in time of warre , as appeareth by the black booke in the exchequer formerly cared , which writes thus : ipse namque regnat tam diu quam terrae marisque predones hostiles cohibet incursus , cum ergo dominus solvisset terre sub ejusdem regis imperio noluit hoc esse ann●● quod solv . fuerit urgente necessitate bellicis tempestatibus exactum nec tamen annuum non propter inopinatos casus , dimitti ratione igitur temporibus ejus , or rather never for ought appeares by our chronicles and records , vel successorib . ipsius solutum est , hoc est cum exteris gentibus bella vel opiniones bellorum insurgebant : this conqueror therefore releasing the annuall payment of it in time of peace , as unjust and unreasonable and against the primitive institution of it , and demanding it onely in time of warre , your majesty comming to the crown by lawfull succession and inheritance , not by an absolute conquest as he , ought much more to release , and by no meanes to demand any such taxe in times of peace . thirdly , it was released by king hen. 1. who as in the beginning of his raigne spilmans glossary , pag. 200 201. exempted the charter of london , and all knights by his great charter from dangelt , to wit 12d out of every hide land , or other land , which taxe it seemes by his lawes , cap. 16. was granted to him in parliament , so hee made a vow he would release the danes tribute , polycronicon lib. 7. cap. 17. spilmans glossary , pa. 200. 201. & it seems he was as good or better thē his word ; for fab. pag. 7. cap. 239. pa. 327. and 4th story that he releases vnto englishmen the dangelt that was by his father removed , to wit , by a grant in parliament , as appeares by edw. the confessors lawes , cap. 12. the lawes of h. 1. stat . cap. 16. hovedens annuall parte posteriori , pa. 603. spil . glossary , pa. 200 201. and he released it , then also we hope your majesty cannot in justice renue it or the like taxe now . fourthly , it was released by king stephen both at his coronation , and a parliament held at oxford ; for polycronicon . lib. 7. cap. 18. fol. 283. fab. part 7. cap. 232. 233. hovedens annum parte priore , pag. 482. pag. 4. spilman , pag. 28. records , that when king stephen was crowned he swore before the lords at oxford , that he would forgive dangelt as king henry before him had done , and that anno 1136. hee comming to oxford confirmed the covenant which hee had made to god , the people , and holy church in the day of his coronation , the last clause whereof vvas this ; that dangelt , idest duos solidos quos antecessores sui accipere soliti sunt in aeternum condonoret , this hee would for ever , that is two shillings of every hide land which his ancestors were accustomed to receive , and though hoveden lay the brand of perjurie on him . hac principaliter deo venit & alia sed nihil horum servavit ; yet we neither finde nor reade in our record or chronicles , that this taxe of dangelt or any of the like nature was ever imposed since that time by him or any of his successors , but by the advice of the great men of the realme , et parliamenti authoritate , for so that homo antiquar . sir henry spilman concludes in his glosse , pag. 201. being thus for ever released as an intolerable grievance and exaction by these foure severall kings , and discontinued full 500 yeares and not revived . wee humbly conceive that these antiquated and so often so anciently released exactions , or any of the like nature ought not nor cannot either in point of honour , law , or justice be revived , or imposed on us by your majesty now , and that this taxe is successefully released as a grievance though at first granted by parliament , can be no president to prove the lawfulnesse of this present tax , but a most pregnant evidence against it , having no cōtinuance or allowance at all from any parliament as dangelt had . fiftly , admit that the tax of dangelt were not imposed by parliament but onely for regall power , and that lawfull in these antient times , as is pretended , all which we have manifestly proved voyd ; yet it is no argument at all to prove the lawfulnesse of this present taxe of ship-money and that in these respects . first , that dangelt was first imposed in time of warre and destruction before the government of the kingdome was setled by good lawes ; therefore no president for this in time of peace , nor in this setled estate of the realme , so long continued in wholsome lawes . secondly , it was before any extant statutes made against the imposing of any taxe , tallage , aide , or benevolence , without common consent of the lords spirituall and temporall , and commons in parliament , this and divers fore-recited acts of this nature against it , are ratified by your majesty in the petition of right . thirdly , it was before any subsidie of tonnage and poundage granted to guard the seas and sea costs to exempt the subject from these , and all other taxes for that purpose , and in truth it was the tonnage , and poundage of those times that after tonnage and poundage granted to guard the seas , &c. fourthly , it was certaine first 1s . afterwards , 2s . every hide land , and that certainly limited , this arbitrary and incertainly now , rated by any parliament . fiftly , that was onely charged vpon lands , not goods , this on goods , and those that have no lands . sixtly , it was not alwaies annually paid , but in times of warres , as spil . glossary , pa. 200 and diuers others fore-recited authors have it thus : now for 3. yeares together in time of peace , in these respects therefore we humbly declare vnto your majesty that this principall president of dangelt is no warrant of all for lawfulnesse of this taxe of shipmoney , but a cleere and vndeniable authority against it , in answering whereof we have deseated and cleered , and so answered most other presidents . the next presidents that are objected , are those out of ancient stories , mat. westm. anno 874 writes of king alfred that when the danesinvaded the realme with two navies having prepared a navy to set it to sea , tooke one of the enemies ships , and put sixe more to flight , anno 877. the enemies then encreasing in all parts , the king commanded galies and galeas 2 & long as naves fubricari per regnum , & prelio hostili adventantibus obcurrit imposit is que piratio in illis viis maris custodiendis commisit anno 877. & 992 , that king alfred appointed guardians in severall parts of the realme against the danes , quo etiam tempore fecit rex alfridus totum navile quod terrestre prelio regni sui tranquillitati providerat : that anno 1008. rex ethelberdus jussit parari , 310. hadis navem vnam & ex orto hi tum galeam vnam & loricam , that anno 1040. rex hardecanutus vnumquemque reminisci suas classes orto mencos & singulis rationibus decem naues de tota angl. pendi precipit vnde cuncti qui ejus advent . prius oraverunt exosus est effectus . it is added with all that those kings imposed ships and ship-money on the subjects , therefore your majesty may doe the like . to these presidenrs we answer . first , that they are onely in time of open warre , and invasion by enemies for the kingdomes necessary defence , not in times of peace . againe the three first of them are onely that the king provided a navie , commanded ships to be builded through the kingdome , to guard the seas , and encounter the enemy as well by sea as by land , but speakes not that this was done at the subjects owne charge , nor that any tax was laid upon them for it , or that the command of his was obeyed , or that he might lawfully impose a charge on his subjects without their common consent . the fourth of them anno 1008. saith of ethelbert , that he commands one ship to be provided for , out of every two hundred and tenne acres ; but saith not , that this command was not by the king absolute power onely , for it might be by common consent in parliament agreed upon , for ought appeares , or that this command was just , and lawfull ; neither doth he informe us that they were built : wigorniensis , anno 1008. addes that they were accordingly prepared , and that the king put these souldiers into them with victuals , that they might defend the coasts of the kingdome from the incursion of forreyners , so that the subjects were not onely at the charge of the building of the ships , the king for the victuals , marriners , souldiers , and wages , and in truth when all was done , they had but bad successe , for the same historian saith , that a great storme arose , which tore and bruised the ships , and drove them a shore , where holuo thus burnt them , sic totius populi maximus labor periit , yet this president though nearest of all , comes not home to the present cause . first , because it was onely to build ships in the case of necessity for defence of the realme , where there wanted ships to guard it , but now ( thankes be to god ) we have ships enough already built to guard the sea against all the world . secondly , every 100 and ten acres to build a ship of 3 oares , unam triremem , wigorne writes , but not taxed to pay so much to build one as now . thirdly , the ships built , were set out not at the subjects , but at the kings charge and cost , therefore no president for this taxe to set out ships built at ours . fourthly , the charge was certaine , and equall every hide land , being equally charged ; this altogether uncertaine and unequall . fifthly , this was after the time of dangelt was set on foot , therefore not done by the kings absolute power , but by common consent in parliament , as we have proved dangelt to be granted . sixthly , this president proves onely that such a thing , was there commanded to be done by the king , not that the king might or did lawfully command , or enforce the subjects to doe it without the common consent . seventhly , that was no annuall charge put on the subjects , as that now , but extraordinary , not drawne into practice since , for ought that appeares , therefore differeth from this tax of ship-money . eightly , no corporation , or goods , were then charged but onely lands , and all were ruled by the land they held , therfore this extēds not to justifie the tax of ship-money , which is laid upon corporations , goods , and such as have no land at all . ninthly , no man was enjoyned this under pain of imprisonment , nor his goods distrained , or sold if he refused it , for of this there is not a syllable , therefore no president to warrant the present imprisonment , and destreining of these mens goods , who now refuse to pay the tax , for that of hardicanutus not to be just , and lawfull , but an illegall , and tyrannicall act , which saith mat. westm. anno 1040. made him odious and harefull to those that desired him for their king , before florentinus wigorniensis , anno 1040. adds that it was such a tribute , that scarce any man could pay it , quapropter ab iis qui prius adventum ejus desider abant magnopere factus est exosus summopere memorabile , & importabile quod cum ciuibus extincti sunt , and such a grievous insupportable tax , as that was then reported , imposed by noe hereditary prince , but a forraine danish tyrant who dyed in drinke amidst his cups very shortly after , as all our historians record , be made or deemed a just and lawfull president for your majesty row to follow ( god forbid . ) thirdly , wee answer that all these presidents were before the government of the kingdome was setled , before any charter , or other statutes against taxes , and tallages , loanes , aydes , and benevolences , without common consent in parliament , enacted before tonnage and poundage granted , therefore insufficient to this present cause . fourthly , neither of the presidents was ever adjudged lawfull against the subjects , and therefore not binding poore pr. 3. 93. slades case , cook 6. 75. and they are very ancient . fifthly , all these were during the time of dangelt , and involved in it , what there we answer to that of dangelt , is applyable to all , and each of these , and that making cleere nothing for this taxe , as we have manifested , these presidents must doe the like . the chiefe and most pertinent of all other since that of dangelt , is that of king iohn , 1213. who being injuriously deprived of his crowne and kingdome at rome by the pope : at the earnest solicitation of that arch traytor stephen langton , archbishop of canterbury , william bishop of london , and the bishop of ely , these prelates departing from rome , went into france , and there conspired with the bishops , and king philip of france against their owne soveraigne ; they then solemnly published the deposition and sentence of the pope given against him at rome , and then in the behalfe of the pope , they enjoyned aswell the king of france , as all other men , as would obtaine remission of sinnes : that uniting themselves together , they would all goe into england , in an hostile manner , and depose king john of his crowne and kingdome , and substitute another worthy man in his stead by the papisticall authority , when as the apostles never deposed any princes of their crowne and kingdome , but commanded all to feare , and submit to them , rom. 13. 12. 1 tim. 13. 12. 1 pet. 2. 13. hereupon the king of france prepared a very strong , and great army and navie to invade england both by sea and land , to depose king john , and to get the crowne of england to himselfe . king john having perfect intelligence of all these things , in the moneth of march commanded ships excellently furnished , to come together out of all the parts of england , that so he might with strong hand resist boldly those that intended to invade england , he likewise raised , & gathered together a very great army , out of all england , and ireland , and the places adjoyning , that mat. westm. 1213. pa. 90. relates the story , mat. paris addes this unto , that the king in the moneth of march , caused all the ships out of the ports of england to be in readinesse , by his writ which he directed to all the bayliffes of the ports in these words . johannes rex angliae , &c. praecipimus tibi quatenus visis istis literis eas in propria persona vna cum balivis portuum ad singulos portus , & balliva tua , & facias diligenter numerare equos aut plures & praecipuos ex parte vestra , magistri omnium naviu illorum quorum naves sunt quot sunt , suos & naves suas & omnia sua diligenter habea●●t illas apud pert●●osum in media quadra gessis be●●e ordinat . bonis & probis marinellis & bene armatis qui ituri sunt in servitium nostrum , ad liberationes nostras & tum habeas ibi memoriter & distincte in breviate . fere post quorum nomina in singulis partibus inveneris , & quorum ipsi sunt , & quot equos quilibet ferre potest & hunc facias nobis scire quot & quae naves iis fuerunt in partibus suis die dominico primo post cineres sicut praecipimus & habeas ibi hoc breve teste meipso apud novum templum tertio die martii . these things thus done concerning ships , the king sent other letters to all the sheriffes of this kingdome , in this forme . johannes rex angliae , &c. summoniens per bonos summonitores barones , milites , & omnes liberos homines & servientes vel quicunque sunt vel quocumque tendunt qui arma debent habere , vel arma habere possunt , & qui homagium nobis vel ligantium fecerunt quod sicut nos & semetipsos . & omni sua diligunt sint apud doveram instant . clausam paschae bene parati cum equis & armis , & cum toto posse suo ad defendendum caput nostrum , & capita sua & terram angliae quod nullus remaneat qui arma portare poterit sub nomine culvertugii & perpetuae servitutis & ut illi veniant ad capiendos solidos nostros habend . victualia & omnia mercata balroarium mare venire facias ut sequantur exercitum nostris hominibus belli . ita quod mille mercarum de ballivis alibi teneatur ; alit . tuipse tum sis ibi cum predictis summonitoribus & scias quod scire volumus quomodo venerunt & qui non , & videas quod te est formale venias cum equis & armis & hoc ita exequeris ne inde certificandum , ad corpus tuum nos capere debeamus & inde habeas rotulum tuum ad nos certificand . quis remanesrit . these two writs therefore being divulged throughout england , there came together to the sea coasts in divers places where the king most suspected , to wit , at dover , feverisham , and ipswich men of different condition , and age fearing nothing more then that report of culvertage , but when after a few dayes there wanted victuals for so great a multitude , the chiefe commanders of the warres sent home a great company of the unarmed vulgar , retaining onely the knights , their servants , and free-men , with the slingers , and archers neere the sea coast ; moreover john bishop of norwich , came out of ireland with 500 souldiers , and many horsemen to the king , and were joyfully received of him . all therefore being assembled to the battle , and mustered at bark downes , there were amongst selected souldiers , and servants strong , and well armed 60000. valiant men , who if they all had one heart , and one mind towards the king of england , and defence of their country : there had not bin a prince under heaven , against whom the king of england might not have defended himselfe safe : moreover , if the king of england resolved to joyne in battell at sea with the adversaries , that they might drowne them in the sea before they could land ; for he had a greater navie then , then the king of france , whence hee conceived greatest security of resisting the enemies thus , mat. westm. paris history of england , anno 12 , 13. pag. 224. 225. whose words we have related at large , to cleere and take off the edge of this prime president , in answering which , since all things will be cleered from these writs , to presse and provide ships ; your majesties officers would inferre the lawfulnesse of these writs , for ships & ship-money now . but under correction , we humbly conceive , that this president makes much against , and nothing at all for these writs , and taxes which now issue forth : for first , it was before magna charta , the taxes and tallages , the petition of right , or any subsidie , tonnage or poundage to guard the sea , the statutes are against them . secondly , it was onely directly in port-townes , that had ships , not to countries and places that had no ships , as the writs are now . thirdly , it was to the masters , and owners of ships , not to any other persons , who being exempted from all land-service , were to serve the king and kingdome at this pinch and extreamity at sea , but these writs reach to all , aswell those that have no ships as others . fourthly , it was onely to furnish out their owne ships , not to contribute money to hire the kings ships or others , or to build new of other , or greater burthens thē these that had bin . these writs now are contrary to this in all these respects , at least in the intention and execution . fifthly , here was no leavying of money to be paid to king john , his executors , or officers hands to provide , or hire ships as now , but every man was left to furnish his owne ships at his best rates , with his owne provision and marriners , this quite otherwise . sixthly , though the marriners and owners of the ships were by this writ to furnish ships at their owne proper costs , yet when they were thus furnished , the king was to pay them both wages , hire , and freight , as his successors ever had done , since when they pressed any of your subjects ships , or carts for warre , or carriage , these were the words , iterum in servitium nostrum ad liberationes nostras , which imply a constancie as in all like cases , yea of your majesty who now pay wages , and freight for all the mariners and marchants ships , your presse resolves as much , therefore this makes nothing at all , for this enforceing the subjects to set out ships to guard the seas , to serve your majesty at your owne proper costs and charges , but point blanke against it . seventhly , this president makes it evident that those who are bound by their teunres , lands and lawes of the kingdome to serve the king , and defend the kingdome by land , as all the horses , foote , train'd bands , and companies throughout england , neither have bin ought to be charged with any sea-services , for heere all the land men are charged to serve the king , and defend the kingdome by land , and these sea-men onely by sea , neither of them enforced to serve or contribute to any service or defence both by sea and land , for that had bin double and unreasonable charge , therefore now who are charged with land-service by these very presidents related , ought not to be taxed towards the setting out of ships , but sea-men onely are to gùard the seas with such ships as they have , and no other , vpon your majesties pay , therefore these writs which charge land-men to contribute to the setting out of ships , are directly against these presidents , and the lawes , and practice of these lawes . eightly , these land men that were not bound by their tenures , and lands to fine , and yet were able to beare armes , were to receive the kings pay , and not to serve gratis even in this necessary defence of the kingdome , as these words ad capiendum solidos nostros , resolve , therefore certainly mariners in those ships received the kings pay too , and the owners freight as now they doe from your majesty , and so the king , not the subjects bare the charge of the shipping then , and if so in that time , and age before tonnage and poundage , then your majesty ought much more now to doe it , since tonnage and poundage is taken for that purpose . ninthly , this writ was in an extraordinary cause upon an extraordinary exigent , and occasion . the king was heere deprived of his crowne and kingdome , most unjustly by the pope , and the instigation of these treacherous prelates , and both of them given to king philip of france , a strong army both by sea and land , was ready to invade this land , yea , to take possession of his crowne , and kingdome , this extraordinary suddaine exigent put the kingdome to these two extremities of those writs , there being therefore ( blessed be god ) no such extraordinary occasion as then , this president being extraordinary , is nothing pertinent to the writs now in question , nor any proofe at all of the lawfulnesse of this taxe . tenthly , it was in a time of open , and eminent warre , and danger , onely upon invasion ready to be made upon the realme by a forraine prince , and enemy both by sea , and land , therefore no proofe of the lawfulnesse of the present writs and taxes in time of peace . for instance , first , marshall law may be executed and exercised by your majesties commission and prerogative in time of warre , but not in peace , as was lately resolved by your majesty and the whole parliament in the petition of right . secondly , the kings of england , in times of open warre , might compell trained souldiers and others out of their owne counties to the sea coast , or other parts , for the necessary defence of the realme , but this they cannot doe in time of peace . 1. e. 3. 4. 5. parliament . m. ca. 3. thirdly , the kings of england , in time of forraine warres , might by their prerogative royall , seize the land of all priors , aliens , when they were extant in england , but that they could not doe in times of peace , 27. asss. 48. 38. asss. 20. pag. 27. asss. lib. 3. 2. cap. 8. ed. 3. 38. 27. e. 3. 16. 40. e. 3. 10. 14. h. 4. 36. 22. e. 3. 43. 21. h. 4. 11. 12. fourthly , that the kings of england , when they had defensive warres with scotland , they might lawfully demand , receive , and take escuage of their subjects , and so did other lords of their tenants , but in times of peace , they neither did , nor could doe otherwise . lit. sect. 199. 95. 98. 100. 101. 102. fifthly , the dangelt there granted at first , by common consent of the people in parliament , was due onely in the time of warre , and not of peace ; as appeares by the premisses . sixthly , subsidies and aides in former times were not demanded by kings , nor granted in parliament by the subjects , but in time of warre , or to defray the debts of the prince , contracted by the warres , 14 e. 3. ca , 21. 15. e. 3. ca. 12. 3. stat . 2. stat . 3. ca. 1. 25. e. 3. stat . 7. 11. h. 4. ca. 10. 32. h. 8. cap. 23. 37. h. 8. 1. 14. and other fore-recited acts . seventhly , the goods of their enemies may be lawfully seized by the king , and his subjects , in time of open warre , not in dayes of peace . 2. r. 3. 2. 7. e. 4. 13. 44. bro. forfeit 5. 22. ed , 4. 45. 22. ed. 3. 16 , 17. 36. h. 8. bro. property , 38. ployd . 384. eightly , by the custome of kent , and the common law , not onely the kings of england , but their subjects too , may justifie their entry into another mans ground , and the making of bulwarks and entrenchments therein of defence , or offence of the enemy in time of warre , which they cannot doe in time of peace . 8. ed. 4. 73. bro. custome 45. and trespasse 406. ninthly , in times of warre , men may justifie the pulling downe of houses , and suburbs adjoyning to a fort , or city , for their better defence and safety , but they cannot doe it in time of peace . 14. h. 8. 16. bro. trespasse . 406. tenthly , your majesties royall progenitors , might appoint marchants and others , in time of warres for your armies , and forts , without commission , not onely in time of peace . 14. e. 3. 2. 19. and so might lords and knights give liveries in time of warre , but not in peace . 17. h. 4. ca. 14. 8. h. 6. ca. 4. 1. h. 4. ca. 7. by these tenne cases then to omit others , it is apparent , that there is a vast and infinite difference in one , and the selfe-same act in time of warre , and of peace , that the same act may be lawfull in time of hostility ; yet utterly unlawfull in the dayes of peace , this president is no argument of the lawfulnesse of this taxe , nor any others of like nature that can be objected , being onely in time of warre to prove the taxe of ship-money , nor yet for pressing ship-vales for carriage , and other speciall service upon hire , and your majesties owne wages , not at the subjects costs , as carts , horses , loyters are now often pressed in these times of peace , but a direct argument against them , as the tenne fore-cited cases doe evidence . for any other pretended president that may be alledged to prove the lawfulnesse of this taxe wee intend for brevities sake here not to trouble your majestie with any particular answer unto them , they being all answered fully in these fore-objected , the prime and most pertinent that are extant , yet now , as wee have cleered them point blanke against those writs and taxes for ship-money . these , our most gracious soveraigne , are the grounds , reasons and authorities on the one hand , and replies on the other : whereupon wee humbly conceive these writs and taxes of ship-money wherewith wee have lately beene , and yet are grievously burthened , to be directly contrary to the lawes and statutes of this your realme , and the antient just hereditary rights and liberties of your poore subjects , and an intollerable grievance and oppression to us all , which wee here in all humblenesse submit to your highnesse most just , and mature consideration , not doubting but your majestie , however formerly by some of your great officers mis-informed of the legalitie of it , will now upon the serious view of this our humble , and dutifull remonstrance which wee in all humility , together with our selves prostrate at your royall feete , will alter your royall judgement of this taxe , and conclude it to be against the lawes , and our rights and liberties , wee almost assure our selves , that your majesties most honourable privie counsell , with the reverend sage judges of the common law , if seriously charged on their allegiance to your majesties highnesse without feare , or flattery what they conceive of the lawfulnesse of those writs , and taxes , will upon the consideration of these our reasons and answers to these chiefest presidents , at leastwise upon the full hearing of the arguments of our counsell learned in the lawes , ready to debate it more amply , if this short remonstrance be not satisfactory , with our councell may be fairely and indifferently heard in all your majesties courts of justice where this point shall be drawne in question by us if occasion require , truly informing your majestie , that they concurre in judgement with us in these , that these writs and taxes are against the lawes and statutes of this your realme , the ancient rights and liberties of us your subjects , which wee know and are assured your most gracious majesty will inviolably preserve considering your promised oath , and regall protestation , notwithstanding the mis-information and false suggestion of any of your great officers , and servants to the contrary ; the rather , because it was your late royall fathers speech of blessed memory to all the nobles , commons , and people in the parliament house , anno 1609. twice printed for an eternall monument of his goodnesse , and reall justice by his speciall command , both by it selfe , and in the large volumes of his peerelesse workes : that a king governing in a setled kingdome leaves to be a king , and degenerates into a tyrant so soone as hee leaves to rule by his lawes ; therefore , all kings that are not tyrants or perjured , will be glad to bound themselves within the limits of the lawes , and they that perswade them to the contrary , are * projectors , vipers , and pests , both against them , and the common-wealth . upon the tender considerations of these premisses , we most humbly beseech your most excellent majestie , out of your princely goodnesse and justice since by the great god of israel commanded , hee that rules over men must , and ought to bee just , ruling in the feare of god , and wee all know and beleeve your majesty to bee such a ruler set upon gods owne throne over us your people , for that purpose , to doe justice and judgement to all your loyall subjects , in all cases whatsoever , especially such as are most publique , and of greatest consequence to your peoples woe or weale , to exonerate us your true hearted , dutifull subjects from these your royall writs , and heavie taxations , which wee neither can , nor dare any longer contribute to , for the premised reasons . and wee , as our common duty ever obligeth us , shall persevere to pray for your majestie long to continue a most just , and gracious prince over us to our joynt and severall comforts , and to your owne eternall honour , in the surviving monuments and annals of your fame . a list of ships with their charge . ships . tunnes . men . money . barkshire 1 400 160 4000 bedfordshire 1 400 120 3000 bristoll 1 200 80 2000 buckingamshire 1 450 180 4500 cambridgeshire 1 350 140 3500 cheshire 1 350 140 3500 cornwall 1 650 260 6500 cumb. and westm. 1 100 40 1000 darbyshire 1 350 40 3500 devonshire 1 900 360 9000 durham 1 200 80 2000 dorsetshire 1 550 220 5000 essex 1 800 320 8000 glocestershire 1 550 220 5500 hampshire 1 600 260 6000 huntingtonshire 1 200 80 2000 herefordshire 1 400 160 4000 kent 1 800 320 8000 lancashire 1 350 140 3500 lestershire 1 450 180 4500 lincolnshire 1 800 320 8000 london 2 each 800 320 16000 middlesex 1 550 220 5500 munmoth 1 150 60 1500 norfolke 1 800 320 8000 northumberland 1 500 200 5000 northampton 1 600 240 6000 north wales 1 400 160 4000 nottingham 1 350 140 3500 oxford 1 350 140 3500 rutland 1 100 40 1000 salop 1 450 180 4500 south wales 1 490 200 4900 stafford 1 200 80 2000 suffolke 1 800 320 8000 somerset 1 800 320 8000 surrey 1 400 160 4000 sussex 1 500 200 5000 warwicke 1 400 160 4000 wiltshire 1 700 129 7000 worcestershire 1 400 161 4000 yorkshire 2 600 240 12000 ships . tunnes . men . money . summe , 45. 20450. 98030. 228500. finis . notes, typically marginal, from the original text notes for div a91195e-100 * note well these fitting epithetes . a vindication of psalme 105.15. (touch not mine anointed, and doe my prophets no harme) from some false glosses lately obtruded on it by royalists proving, that this divine inhibition was given to kings, not subjects; to restraine them from injuring and oppressing gods servants, and their subjects; who are gods anoynted, as well as kings: and that it is more unlawfull for kings to plunder and make war upon their subjects, by way of offence, then for subjects to take up armes against kings in such cases by way of defence. with a briefe exhortation to peace and unity. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56228 of text r220573 in the english short title catalog (wing p4125a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 40 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56228 wing p4125a estc r220573 99831969 99831969 36436 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56228) transcribed from: (early english books online ; image set 36436) images scanned from microfilm: (early english books, 1641-1700 ; 2054:25) a vindication of psalme 105.15. (touch not mine anointed, and doe my prophets no harme) from some false glosses lately obtruded on it by royalists proving, that this divine inhibition was given to kings, not subjects; to restraine them from injuring and oppressing gods servants, and their subjects; who are gods anoynted, as well as kings: and that it is more unlawfull for kings to plunder and make war upon their subjects, by way of offence, then for subjects to take up armes against kings in such cases by way of defence. with a briefe exhortation to peace and unity. prynne, william, 1600-1669. [8] p. s.n.], [london : printed, 1642. by william prynne. place of publication from wing. signatures: a⁴. in this edition: royalists. reproduction of the original in the union theological seminary library. eng bible. -o.t. -psalms cv, 15 -commentaries -early works to 1800. royalists -england -history -17th century. great britain -history -civil war, 1642-1649 -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a56228 r220573 (wing p4125a). civilwar no a vindication of psalme 105.15. (touch not mine anointed, and doe my prophets no harme) from some false glosses lately obtruded on it by roy prynne, william 1642 7705 118 0 0 0 0 0 153 f the rate of 153 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2002-04 tcp assigned for keying and markup 2002-05 spi global keyed and coded from proquest page images 2002-06 olivia bottum sampled and proofread 2002-06 olivia bottum text and markup reviewed and edited 2002-07 pfs batch review (qc) and xml conversion a vindication of psalme 105.15 . ( touch not mine anointed , and doe my prophets no harme ) from some false glosses lately obtruded on it by royalists . proving , that this divine inhibition was given to kings , not subjects ; to restraine them from injuring and oppressing gods servants , and their subjects ; who are gods anoynted , as well as kings : and that it is more unlawfull for kings to plunder and make war upon their subject● , by way of offence , then for subjects to take up armes against kings in such cases by way of defence . with a briefe exhortation to peace and unity . 2 samuel 23.3 . he that ruleth over men must be just , ruling in the feare of god . ecclesiastes 4.1 , 2. i returned and considered all the oppressions that are done under the sunne ; and behold the teares of such as were oppressed , and they had no comforter : and on the side of their oppressors there was power , but they had no comforter . wherefore i praised the dead which are already dead , more then the living which are yet alive . proverbs 28.15 , 16. as a roaring lyon , and a ranging beare , so is a wicked ruler over the poore people . the prince that wanteth understanding is also a great oppressour ; but he that hateth covetousnesse shall prolong his daies . galathians 5.15 . but if ye bite and devoure one another , take heed that ye be not consumed one of another . printed , 1642. there is nothing more pernicious to the souls of men , or destructive to the republique in distracted times , then clergy-mens wresting of scriptures from their genuine sense to ensnare mens consciences , the better to accomplish some sinister designes . how sundry sacred texts have been thus perverted of later yeers , not by the * unlearned and unstable vulgar , but by the greatest seraphicall doctors in our church , is too apparent unto all ; and among * others that of the psalmist , psal. 105 . 15● ( which is repeated 1 chron. 16.22 . ) touch not mine anoynted , and do my prophets no harm ; hath not had the least violence offered it , both in presse and pulpit , to cry up the absolute irresistable prerogative of kings in all their exorbitant proceedings ; and beat down the just liberties of the subject , without the least defensive opposition ; when as this text , in real verity , is rather a direct precept given to kings themselves , not to oppresse or injure their faithful subjects , then an injunction given to subjects , not to defend themselves against the oppressive destructive wars , and projects of their princes . in which regard it wil be no unseasonable nor ungratefull worke , to cleare this text from all false glosses , and restore it to its proper construction . in former ages when popery domineered , the popish clergy grounded their pretended exemption from all temporall jurisdiction on this scripture ; suggesting , that they onely , at least principally were gods anointed here intended ; and therefore ought not be touched nor apprehended by kings or temporall iudges for any crimes . but this false glosse being long since exploded , many court divines , not so much to secure as flatter kings , have applyed it primarily unto kings , and secundarily to priests , as meant of them alone , excluding their faithfull subjects out of its protection and limits ; when as the text is meant of none else but they in general and of abraham , isaac , and iacob , with their families in particular . 1. to put this out of question : you must first observe , that this psalm from the 5 verse to the end , is meerely historicall . the 7 first verses of it are but a gratulatory preamble ( interlaced with some exhortations ) to the subsequent historicall narration ; as he that reads them advisedly will at first acknowledge : in the 8 , 9 , 10 , & 11. verses , the psalmist begins his history , with the covenant which god made to abraham , and the oath which he sware to isaac ; and confirmed the same unto jacob for a law , and to israel for an everlasting testament : saying , unto thee will i give the land of canaan , the lot of your inheritance . in the 12 , 13 , 14 , & 15. verses , he expresseth the special care and protection of god over abraham , isaac , and iacob , and their several families after his covenant thus made unto them , in these words : when they ( to wit , abraham , isaac , and jacob , with their families ) were but a few men in number , yea very few , and strangers in it : when they went from one nation to another , from one kingdom to another people ( which cannot possibly be expounded of kings and priests , but onely of those patriarcks ) he suffered no man to doe them wrong , but reproved even kings for their sakes , saying , touch not mine anoynted , and doe my prophets no harme . then in the very next verse to the end of the psalm , he proceeds with the story of the famine in egypt , and of iosephs sending thither beforehand by god , &c. so that by the expresse words and series of the story in this psalm , these persons of whom god said , touch not mine anointed , and do my prophets no harme , were abraham , isaac , and iacob , and their families , ( as s. augustin with sundry other expositers of this psalm conclude ; ) who in truth were neither kings nor priests by office , but onely gods peculiar people and servants : of whom he took special care . whence i thus reason , in the first place . these words , touch not mine anointed , &c. were originally spoken and intended only of abraham , isaac , and iacob , and their families , who were neither actual kings nor priests ; & they were meant of them , not as they were kings or priests , but only as they were the servants and chosen people of god ; as is evident by the 6 verse of this psalm , o ye seed of abraham his servant , ye children of jacob his chosen . therefore they are to be so interpreted ; and to be applyed not to kings and priests , as they are such ; but only to the faithful servants and chosen people of god , though , and as subjects . secondly , consider to whom these words were spoken ; not to subjects , but to kings them●elves ; a● the psalmist resolves in expresse terms , vers. 14. he suffered no man to do them wrong , but reproved even kings for their sakes ; saying , ( even to kings themselves ) touch not mine anointed , and do my prophets no harme . now that these words were spoken to kings themselves is apparent , by those histories to which these words relate , recorded at large , genes . 12.10 . to 20●gen . 2● . throughout , and gen. 26.1 . to 17. and vers. 29. where when abraham by reason of the famine went down into egypt , with sarah his wife , and king pharaoh tooke her into his house , god first permitted neither pharaoh nor his servants to do either of them any injury ( though abraham out of over-much feare , suspected they would have killed him , and therefore made sarah say she was his sister , ) and likewise plagued pharaoh , and his servants because of sarah abrahams wife ; whereupon they and all theirs went away in safety . after which abraham and his wife sojourning in gerar , abimelech king of gerar sent and took sarah : but god said to abimelech in a dream , behold thou art a dead man for the woman that thou hast taken , for she is a mans wife , &c. therefore i sufferred thee not to touch her : now therefore restore the man his wife , for he is a prophet : ( where , touch not mine anoynted , and do my prophets no harme , were litterally fulfilled : ) and he shal pray for thee , and thou shalt live ; and if thou restore her not , know that thou shalt surely die , thou and all that are thine : whereupon abimelech restor●d abraham his wife , and gave him sheep , oxen , men-servants , and women-servants , and leave to dwell in the land where he pleased . after which isaac and his wife dwelling in gerar , and he telling the men of the place that she was his sister , lest they should kill him for her , because she was faire , king abimelech discovering her to be his wife , charged all his people , saying , he that toucheth this man or his wife shall surely be put to death ; yea he kindly intreated him , and did unto him nothing but good , and sent her away in peace . to which we may adde , the story of gods prohibiting and restraining both laban and esau ( who were as potent as kings ) to hurt jacob when they came out maliciously against him . gen. 31.24 , 29 , 52 , 55. & ch. 33.1 , 2 , 3 , 4 , &c. this prohibition then , touch not mine anoynte● , &c. being given to kings themselves , not to touch or hurt these patriarchs whiles they sojourned among them as forraigners and subjects ( as all expositours grant ) and not to subjects touching their kings ; these two conclusions will hence necessarily follow . 1. that this inhibition , given to kings themselves with reference to subjects , and the people of god , cannot properly be meant of kings and priests , but of subjects fearing god . it is most apparant , that kings , princes and rulers of the earth have alwaies been the greatest enemies and persecutors of gods anointed ones , to wit , of christ and his chosen members ; witnesse ps. 2.2 . & act. 4.26 , 27. the kings of the earth set themselves , and the rulers take connsell together against the lord , & against his anoynted : for of a truth against thy holy child iesus , whom thou hast anointed , both herod and pontius pilate , with the gentiles and people of israel were gathered together , &c. and now lord behold their threatnings . which truth you may see exemplified by ps. 119.23 , 161. ier. 26.21 , 22 , 23. c. 36.26 . c. 37.15 . c. 38.4 , 5 , 6. ezek. 22.6 , 7 , 27 , 28. mich. 3.1 . to 12 zeph. 3 3. 1 sam. 22.16 . to 20. 2 chron. 24 21. 1 king. 22.26 , 27● c. 29.2.10 . rev. 17.12 , 13 , 14● c. 18 9 , 10. c. 19.18 , 19. math. 10.17 , 18 lu. 21.12 . iam : 2.6 . act. 12.1 , 2 , 3. with sundry other scriptures , and by all ecclesiastical histories since . in which regard god in his infinite wisdome gave this divine inhibition , not to subjects and inferiour persons ; but to king● , princes and the greatest potentates ( who , deem their wils a law , and think they may do what they * please to their godly subiects , ) touch not mine anointed , and do my prophets no harme : which being spoken to kings themselves ; it cannot be meant of kings but subjects ; unlesse you wil make this nonsence exposition of it . that kings must not touch nor hurt themselves ; and that it is unlawfull for one king to make war against , imprison , depose , or kill another : which the practise of all age● , with infinite * presidents in scripture and story manifest to be lawful , and not prohibited by this text ; which can properly be applied to none but subjects fearing god . 2. that all gods faithfull people are gods anoynted , as well as kings : and therefore as our court sycophants conclude from hence , that subj●cts may in no wise take up armes ( though meerly defe●sive ) ag●inst their kings , because they are gods anoynted : so by the self-same reason , the genuine proper meaning , and expresse resolution of this text , kings ought not to take up armes against their subjects , especially those professing the true feare of god , because they are gods anoynted , to as well as kings . if any court-chaplaine here demand ; how i prove beleeving subjects fearing god , to be his anoynted , as wel as kings or p●iests ? i answer : first , the scripture resolves expresl● : ●hat all true christians are really ( in a spirituall sence ) both kings and pri●sts to god the father , though they be but subj●cts in a politicke sence : yea , god hath prepare● a heavenly kingdome● ( with an eternal crown of glory ) for them , where they shall raigne with c●rist for ever and ever . m●th. 5.3 . c. 25 34. lu. 6.20 . c 12.32 . c. 22 . 29● 30. col. 1.13 . 1 thes. 2.12 . hebr. 12.28 . ●im . 2.5 . 2 p●t. ● . 11 . 2 tim. 4.8 . 1 pet. 5.4 . 1 cor 9.25 . reve. 22.5 . 2 tim. 2.12 . being t●ere●ore thus r●ally kings and pri●sts , and having an heavenly kingdom and cro●n of glory , wherein they shall raigne with christ for ever : in this regard they may as truly be called g●d●●n●int●d , a● any kings and priests wh●tsoever . secondly , all true christians are members of christ and of his body , flesh and bone ; and made one with christ , who dwelleth in them , and they in him , 1 co● . 12.12 , 17. ephes. 1.22 , 23. c 3.17 . c. 5.29 , 30.32 . iohn 6 51. c. 17 . 21● 23. in which respect they are not one●y stiled christians in scripture , act. 11. ●6 . c. 26.28 . 1 pet. 4. ●6 . but chr●st himselfe , 1 cor. 12.12 . ephes. 4.12 , 13. now our saviour himselfe is stiled christ in scripture , in the abstract , by way of excellency , onely because he is the lords anointed ; anointed with the oyle of gladn●sse above his fellows . p●al. 45.7 . ps. 2.2 . esay 61.1 . act. 4.23 . c. 10.38 . lu. 4.18 . heb. 1.9 . christos in the g●eek , signifying anointed in english , being derived from chrio● to anoint : an●christians had this very title given them , because they are christs membe●s , and have a spirituall * anoyntment in , by , and from christ , and his spirit , 1 iohn 2.27 . b●t the anoynting which ye have received of him abideth in you , and ye need not any man teach you , but as the same anointing teacheth you of all things . therefore they are r●ally and truely gods anoynted , and may be as properly so phrased , as any kings and priests whatsoever . thirdly , the scripture in direct terms oft cals gods people , ( though subjects ) gods anointed ; as psal. 28.8 9. the lord is their strength , and he is the saving health o● his anoynted . now who those are expressed in the following words , save thy people , blesse thine inheritance , guide them and lift them up forever . gods people are here defined to be his anoynted . so psalm . 18.50 . and sheweth mercy to his anointed ; ( but who are they ? ) to david and to his seed for evermore , that is , to christ and his elect children , here called gods anointed , habakuck 3.13 . thou wentest forth for the salvation of thy people , even for salvation with thine anointed . 2 cor. 1.21 . now he which establisheth us in christ , and hath anointed us , is god , &c. 1 ioh. 2.27 . the anointing which ye have received of him , abideth in you● &c. all these , with other scriptures , thus resolving gods people ( though subjects ) to be his anointed ones ; they may be properly said to be the persons specified in this text . touch ●ot mine anointed ; being an injunction given to kings themselves , and not meant of kings , but of gods people , as i have formerly manifested . i shall willingly and cordially professe , that kings in sacred writ , are commonly called , gods anoynted ; because they were usually anointed with oyle upon their inauguration to their throns , 1 sam. 10.1 . c● 15 , 17. c. 12.3 , 5. c. 16.3 . c. 12.13 . c. 24.6 , 10. c. 26.6 , 11 , 16● 23. 2 sam. 1.14 16. c. 2 , 4.7 . 1 king. 1.34 , 39.45 . 2 king. 9.3 , 6 , 12. 2 chron. 6.42 . psal. 20.6 . psal. 89.20 , 38● 51. psalm 92.12 . psal. 132.10 , 17. esay 45.1 . lam. 4.20 . and in this regard their persons are sacred , and no violence ought to be exercised upon their persons , especially by their subjects , as is cleare by the 1 sam. 24.3 . to 12 , 17 , 18 , 19. ch. 26.7 . to 25. 2 sam. 1.2 , to ●7 . and hereupon this text , touch not mine anointed , and doe my prophets no ha●me , though not properly meant of kings , may yet be aptly applyed to their personal safety . but then i say , on the contrary part , that all gods saints and people , though subjects , are his anointed ones as wel as kings ; wherefore kings must no more offer violence to their persons or estates ( without legal conviction and just cause ) then they offer violence to their kings , which i shall thus make cleare . first , because god hath given this expresse injunction even to kings themselves , touch not mine anointed , ( that is your subjects , my faithful servants ) and doe my prophets no harme , psal. 105.14.15 . 1 chro. 16.21 , 12. prohibiting abimelech , and he his subjects so much as to touch abraham , sarah , or isaac , gen. 20.6 . c. 26 , 11 , 29. and * b●laam to curse the israelites at k. balaks command . secondly , because he that toucheth them ( to doe them harme ) toucheth the very apple of gods eye . zeph. 2.8 . psal. 17.8 9. deut. 32.9 10 , 11. yea , persecuteth god , nay , christ himselfe . esay 63.9 math. 25.45 . act. 9.4 , 5. and what kings , how great soever , may or da●e touch or persecute god and christ , the king of kings . thirdly , because god himselfe hath quite extirpated * kings and their posterities , for offering violence to his servants , though their subjects . thus ahab , iezabel , and their posterity were destroyed , for putting nab●th to death , and s●izing on his vineyard wrongfully with ut cause , though under a pretext of law , 1 king. 21. & 22. 2 king 9. so king ioash exciting his people to stone the prophet zachariah without good cause , which they did at his commandement ; the princes and people who did it were soon after destroyed by the syrians ; and the kings own servants conspired against him for the blood of zachariah , and slew him on his bed , ●nd then buried him dishonourably , not in the sepulchre of the kings , so as his prayer at his death ( the lord look upon it and require it ) was fully executed on the king and people . 2 chron. 24.20 to 27. thus king ieh●ahaz , iehoia●hin , and iehoiachim with all their princes and people were carried away captive into babylon , and d●stroyed , for mocking , abusing , and despising gods messengers , prophets , and people , 2 chron. 36.16 , 17. many such * instances might be added , but these may suffice ; and that of the king of babilon , esay 14.4 , 19 , 20 , 21 , 22. but thou art cast out of thy grave as an abominable branch , &c. as a carcasse trodden under feet . thou shalt not be ioyned with them in buriall , because thou hast destroyed thy land , and slaine thy people : the seed of evil doers shall never be renowned . prepare ye slaughter for his children , for the iniquity of their fathers , that they do not rise , nor possesse the land , nor fill the face of the world with cities . for i will rise up against them , saith the lord of hosts , and cut off from babylon the name and remembrance , and sons , and nephews , saith the lord . a notable text for oppressing princes to meditate upon . fourthly because god himselfe hath given an expresse command , ezek. 44.15 , 16 17. that the prince shall not take of the peoples inheritance by oppressi●n to thrust them out of their possession , but he shall give his sonnes inheritance out of his own possession . which wel interpreteth and fully answereth that much abused text in the 1 sam. 8.11 , 12 19. and proves the kings taking of their fields , vineyards , oliveyards , seed and sheep to give his servants there specified , to be a meere oppression ; which should make them cry out in that day because of their king , vers. 18. and no lawful act , as some royalists glosse it . if then kings may not take away by violence or oppression their subjects lands or goods ; muchles may they offer violence to their persons , being god● anointed , yea his temple , 1 cor. 6.19 . c. 3.16 . and if any man ( be he king or emperour ) destroy the temple of god , him will god destroy ; for the temple of god is holy , which temple they are , 1 cor. 3.17 . hence ioab , davids general , comming to besiege abel to which sheba fled , a woman of that place thus expostulated with him , thou se●k●st to destroy a city and mother in israel : why wilt thou swallow up the inheritance of the lord ? whereupon ioab answered and said : far be it , far be it from me that i should swallow up or destroy , 2 sam. 20.19 , 20. fiftly , beeause no law of god or man hath given * any authority to kings to injure or oppresse their subjects , in body lands or goods , but onely to feed , defend , protect them ; and to fight their battels for them , not to wage war against them . 2 sam. 6.2 . c. 23.3 . psal. 78.72 , 73 , 74. 2 chron. 9.8 . pro. 20.8 , 26. c. 29 , 4 , 14. esay 49.23 . 1 tim. 2.3 . therefore kings having no right at all to injure or oppresse their people , they * neither lawfully can nor ought to do it , either by themselves or instruments ; there being nothing more severely prohibited and censured in scripture then princes and magistrates oppression of their subjects , prov. 28 15 , 16. zeph. 3.3 . michah 3 , 9 , to 12. ezek. 22.6 , 7 , 27. take but one text for many , ezek. 45 8 , 9. my princes shal no more oppresse my people , and the rest of the land shal they give to the house of israel according to their tribes . thus saith the lord god , let it suffice you , o princes of israel , remove violence and spoyle ( or plundering ) and execute judgment and justice ; take away your exactions from my people , saith the lord , see esa. 1.23 . c. 3.12 , 14 , 15. sixtly● because as there is a solemne * oath of allegeance , of the people to their kings , to honour and defend their persons ; so there is the like oath from kings to their people , to protect their rights and persons , goods , estates , lives , lawes , and liberties , from all violence and injustice , solemnly sworn at their coronations . by vertue of which oath kings are as strictly tyed not to wage war against their subjects , nor to oppresse or offer violence to their persons , liberties , or estates ; as their subjects are by their oath of allegiance , not to rebel against them . and seeing kings were first created by and * for their subjects ; and not their subjects by and for them ; and are in verity but publike servants for their peoples welfare , their subjects not being so much theirs , as they their subjects ; from whom they * receive both their maintenance and royalties . there is as little ( if not far lesse ) reason , for kings to oppresse and take up offensive armes against their subjects though perchance more undutiful and refractory then they expect ; as there is for people to take up offensive armes against their princes , in case they become more oppressive and invasive on their persons , goods , lawes , liberties , then they should . the husband hath no more right or authority to injure or destroy the wife , or the master the servant , the head the inferiour members , then they have to destroy the husband , master , or head . and as the leudnesse of the king , husband , parent , master , must not cause the people , wife , child , servant , to rebel against them , and utterly to reject their bonds of duty● so the undutifulnes or vices of the people , wife , child , or servant , must not cause the king , husband , parent , or master , ( as long as these relations remain actually undissolved ) to give over their care * protection , and vigilancy over them , or any waies injuriously to intreat them 1 pet. 2.18 . 2 chro. 10. & 11. finally , the * hebrew midwives , notwithstanding k. pharohs command , would by no means kil the israelites male children ; ( though but bondmen● and no free subjects ) and god blessed , and built them houses for it : but * drowned pharoah and his host in the red sea , for drowning them , and transgressing this inhibition , touch not mine anointed : when * k. saul commanded his footmen and guard , to turn and slay the priests of the lord at nob , because their hand was with david ( whom he deemed a traytor ) and knew when he fled , and did not shew it him , they all refused ( this his royall unjust command , though not only his subjects , but servants too ) and would not put their hand to fall upon them , being gods anointed : and because doeg the edemite slew them , by sauls command , saul himself was soon after slaine by his own hand , 1 sam. 31.4 . when * k. saul had twice sol●mnly vowed to put his innocent son and subject ionathan causelesly to death , onely for tasting a little honey ; his subjects were so far from as●isting him in this unjust action , that they presently said to their king , shal ionathan die who hath wrought so great salvation in israel ? god forbid : as the lord liveth , there shal not one haire of his head fall to the ground : so the people rescved ionathan that he died not , notwithstanding sauls double vow to the contrary , and ionathans being not only his subject , but son too , which is more ; neither are they taxed of disobedience or treason , but commended for it . when * k. rehoboam raised an army to fight against the ten tribes , who revolted from , and rebelled against him , ( for giving them harsh language by the advice of his yong counsellors ; ) electing a new king over them : god himself by his prophet shemiah , spake thus to rehoboam and his army , * ye shal not go up , nor fight against your brethren , return every man to his house , for this thing is done of me : whereupon they all obeyed the words of the lord , and returned : neither king nor subject daring to fight against them , contrary to gods expresse command , though rebels how much lesse then may kings wage war upon their innocent loyall subjects ? when * k. i●h●ram in his fury mad● thi● rash vow● god d● so , and more also to me , if the head of elisha ( his subject ) shal stand on him this day ; and withall sent a messenger to elisha his house to take away his head . this prophet was so far from submitting to this his unjust design , that he commanded the elders sitting with him to look when the messenger c●me , and shut the doore , and hold him fast , though the sound of his masters ( the kings ) feet were behind him● which they did ; not suffering the messenger or king to do him violence . yea the great * prophet eliah , when k. ahaziah sent two captains with their fif●ies one after another to apprehend and bring him down to him by violence ; was so far from rendering himself into their hands ; that in his own defence , he commanded fire twice together to come down frō heaven which consumed these two captains and their men ; though sent by the king his soveraign . which divine miracle from heaven wrought by god himself manifests , that it is lawful for subj●cts to defend themselves against the unjust violence of their kings ; and that it is dangerous for kings themselves , or any of their officers by their commands to offer violence or injury to their subjects . * this may be further cleared by gods exemplary judgement upon k. ieroboam ; who stretching forth his hand to smite the prophet , * which prophecied against his idolatrous altar , it dried up forthwith , so that he could not pull it in again . upon those princes who caused daniel to be unjustly cast into the lyons den , where he was preserved safe from danger ; but they , their wives and children had there their bones broken in pieces by the lyons er ever they came at the bottom of the den . and upon those * mighty men in nebuchadnezzars army , who bound shadrach , mesech , and abednego , and cast them into the burni●g fiery fornace , by the kings speciall command , because they peremptorily refused to worship the golden image which he hath set up ; who for executing this his unjust precept , were by gods just vengence slain by the flame of the fiery furnace ; when as those three godly persons unjustly cast into it by the kings command , were miraculously preserved in the midst of the fiery furnace , without any harme , there being not an haire of their heads singed , neither their coates changed , nor the smell of fire passed upon them . so safe is it for people to * obey god rather then men , then kings thems●lves in their unjust commands : so dangerous and destructive is it for kings , or others upon their unjust commands , to offer any injury or violence to their subjects ; or violate this injunction , touch not min● annointed , &c. in a word , i read ier. 22● 3. to 12. that god commanded king . shallum , to execute judgment and righteousnes , and deliver the spoiled out of the hands of the oppressor ; & do no wrong nor violence to the stranger , fatherles , or widow , neither shed innocent blood in this place . adding , but if ye shal not heare these words , i swear by my selfe , saith the lord , that this house ( even the kings house of iudah ) shal become a desolation , i wil make it a wildernesse , and prepare destroyers against it , every one with his we●pon , &c. and v. 15. to 30. in the same chap. god thus speaks to k. iehoiakim , shalt thou raign because thou closest thy self in cedar ? did not thy father eat and drink , & do judgment and justice , and then it was well with him ? &c. but thine eyes , and thine heart were not but for thy covetousnes , and to shed innocent blood , and for oppression , & for violence to do it . therfore thus saith the lord concerning iehoiakim k. of iudah ; they shal not lament for him saying , ah my brother , or ah sister ; ah lord , or ah his glory ; but he shal be buried with the burial of an asse drawn & cast forth beyond the graves of ierusalē . neither doth this judgment for oppressing & slaying his sub●ects rest here , but extend to the utter extirpation of his posterity , ver. 24.30 . as i live , saith the lord , though coniah the son of iehoiakim , k. of iudah , were the signet on my right hand , yet would i pluck thee thence . write ye this man childlesse , a man that shal not prosper in his daies , for no man of his seed shal prosper sitting upon the thron of david . so fatal is it to kings and their posterity to oppresse and murther their subjects . and as for those subjects who by their kings commands shal take up armes against their brethen to murther , plunder , or oppresse them , i shal desire them first to consider , that precept of iohn baptist given to souldiers themselves , luk. 3.14 d● violence to no man , &c. muchles to your brethren and fellow-subjects : and next that of obadiah v. 10. to 16 for thy violence against thy brother iacob , shame shal cover thee , and thou shalt be cut off for ever . in the day that thou stoodest on the other side , in the day that the strangers carried away his substance , and entered into his gates● and cast lots upon ierusalem , even thou wast as one of them . but thou shouldest not have looked on the day of thy brother , neither shouldest thou have rejoyced over the children of iudah in the day of their destruction ; neither shouldest thou have spoken proudly in the day of distresse . thou shouldest not have entered into the gate of my people , nor have looked on their affliction , nor have laid hands on their substance in the day of their calamity ; neither shouldest thou have stood in the crosse way , to cut off those of his which did escape ; neither shouldest thou have shut up those of his that did remain in the day of distres●● . as thou hast done it shall be done unto thee , thy sword shal return upon thine own head . all which cōsidered , i shal humbly submit it to every mans judgment , whether the whol state in parliament , and his majesties faithful subjects , may not upon as good or better grounds of conscience , take up armes to defend and preserve their persons , wives , houses , goods , estates , from unlawful violence , rapine , plundering and destruction , now every where practised by his majesties cavaleeres in a most * barbarous manner , to the utter ruine of many thousands for the present , and whol kingdom in likelihood for the future , contrary to the fundamental lawes and liberties of the subject , his majesties coronation oath , and frequent protestations and declarations ; as his majesty , by advice of ill counsellors , raise an army at home , and bring in forren * forces from abroad , to make war upon his parliament and people , to plunder , murder , undoe them , and bring the whole kingdome to utter desolation ? certainly , if the subjects defensive war in this case be unlawfull ; as all royalists aver , against scripture , reason , and the principles of nature , which instruct all creatures to defend themselve● against unjust violence and oppession , as others have proved at large . then the kings offensive war upon his loyall poore innocent subjects and parliament , must much more be unjust and unlawful , for the premised reasons , and scripture authorities . for my part , it is ●o far from my intention● to foment this most unnatural destructive war between king parliament , and people , that the ●houghts of its deplorable effects do make my very soule to bleed , and heart ●o tremble . for if ever christ , the oracle of truth , uttered any verity truer than other , it was this , * that a kingdom divided against it self cannot stand , but shall be brought to desolation ; * and if we bite and devour one another , we shall be consumed one of another . o then ( if god in his justice hath not devoted us to a totall & final desolation for the sins and abuses of our long enjoyed former peace ) if there be any remainder of policy or prudence , any bowels of mercy or tender affection left within us , towards our most deere native bleeding and also expiring country , engand ; to poore dying ireland ; to our religion , lives , wives , children , parents , kindred , neighbours , goods , estates , liberties ; or any ca●e of our own safety , tranquillity or felicity ; let all of all sides now at last , ( after so much sensible experience of the miseries of an intestine uncivill war ) with all convenient expedition lay down offensive and defensive armes , & conclude such a sweet solid peace throughout our divided and distracted kingdom , as may last forever without the least violation , upon such just and honourable terms , as may stand with gods glory , religions purity , his majesties honour , the parliaments priviledges , the subjects liberty , the whole kingdoms safety and felicity ; least otherwise we become not only a scorn and derision , but likewise a prey to our forraign enemies . alasse , why should the head and members have any civil contestations , since both must perish if divided ? * neither subsist , but being united ? why should the kings prerogative , and the subjects liberties , which seldom clashed heretofore , and ended all diffe●ences in courts of justice , be now at such irreconcileable e●mity , as to challenge one another into the field , and admit no trial but by battel ? when i read in * scripture , of sundry presidents where kings , princes , and people , have unanimously concurred in their counsels heretofore ; and consider how our king and parliame●t have most happily accorded till of late , i cannot but bewaile their present discords ; which o that the god of peace and unity would speedily reconcile . i shall c●ose up all , with his majesties printed speech to both houses annexed to the petition of right by his royal command . i assure you my maxime is , that the peoples liberty strengthens the kings prerogative ; and that the kings prerogative is to defend the peoples liberties : and with the statute of magna charta , ch. 29. no freeman shal be taken or imprisoned , or be disseised of his freehold , or liberties or free customs , or be outlawed or exiled , or any other waies destroyed ; nor we shal not passe upon him , nor cond●mn him , but by the lawful judgment of his peers , or by the law of the land . we shal sel to no man , we shal deny nor defer to no man justice or right : which in effect is a most exact paraphrase on this misconstrued text , touch not min● anointed , and do my prophets no harme . finis . notes, typically marginal, from the original text notes for div a56228e-330 * 2 pet. 2.16 * as the 2 sam. 15.24 . for rebellion is as the sinne of witchcraft , & stubbornnes is as iniquity and idolatry : now applied to subjects opposing their princes unlawfull commands , when it is meant only of king sauls rebellion against the command of god , as the conte●t and story manifest . * zech. 11.5 . * read the 2 chr. 36. dan. 5● 30 , 31. josh. 12. for all the rest . rev. 6. c. 5.10 . c. 20.6 . exod. 19.6 1 pet. 2 : 5. * see ezek. 16.9 . i anointed thee with oyle , &c. * num. 22● & 23. & 24 * see esay 40.23 , 24● 2 kings 9.7 , 8 , 9. * see doct. beards theater of gods judgments , l. 2. c. 38 , 39 , 40 41. * nihil aliud potest rex in terris cum sit minister dei & ejus vicarius , quam de jure potest . itaque potesta● ju●is sua est , & non injuriae , &c. bracton , l , 3. f. 107. * cooks 11 : rep f. 72.86 plowd . com. f. 146 , 147 , 487. 21 e. 3.47 . * 1 eliz. c. 2 * 2 sam. 5.12 1 pet. 2.13 . deut. 17.14 , 15. esay 45.4 . 1 sam. 8.19 , 6 , 20. 2 chr. 9.8 1 cor. 3.21 22. rom. 13.4 . * rom. 13.6 . math. 22.17 . to 22. * nam rex ad tutelam legis , corporum & bonorum erectu● est , co. 7. rep. calvins case , f. 4 , to 12. * exo. 1.15 to 20. * exod. 14.23 . to 31. psa. 106.11 . * 1 sam. 22 17 , 18. * 1 sam. 14 38 , to 46. * 2 chro. 10. * 2 chro. 11.4 . 1 king. 11.21 , 22 , 23 , 24. * 2 king● 31 , 32 , 33. * 2 kin. 1.9 , to 16. * 1 kings 13.6 . * dan. 6. * dan. 3. * acts 4● 12 c. 5.28 , 29 , 40 , 52. c. 11 1 , to 19. este . 3.2 , 3 iohn 7.33 , to 48. numb. 22. & 23. & 24. * see the relation of brainford businesse . * see the letter frō the hague newly printed . * luke 11.17 , 18 , 19. marke 3.24 , 25 , 26. * gal. 5.15 * see 1 cor. 12● 14 : to 26. * 1 chro. 13.1 , 2 , 3 , 4 2 chro. 23 3. c 13.1 . to iudg. 20.1 to 12. 2 s●m . 18.4 . c. 19.43 , c. ●9 . 2 . to 11. ionah 3.7 . ester 1.13 . to 2● ie● 38 . 4●● . an ansvver to a proposition in order to the proposing of a commonwealth or democracy. proposed by friends to the commonwealth by mr. harringtons consent; who is over-wise in his own conceit, that he propounds a committee of parliament, with above one hundred earls, nobles, members, gentlemen, and divines (named in his list) may dance attendance twice a week on his utopian excellency in the banquetting house at whitehall or painted chamber, to hear and see his puppet-play of a new commonwealth: the very first view whereof he presumes will infatuate alldissenting [sic] parties, spectators, and our divided nations by their example into a popish blinde obedience thereunto, upon his ipse dixit. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91136 of text r207823 in the english short title catalog (thomason e986_24). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 15 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91136 wing p3889 thomason e986_24 estc r207823 99866851 99866851 168622 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91136) transcribed from: (early english books online ; image set 168622) images scanned from microfilm: (thomason tracts ; 147:e986[24]) an ansvver to a proposition in order to the proposing of a commonwealth or democracy. proposed by friends to the commonwealth by mr. harringtons consent; who is over-wise in his own conceit, that he propounds a committee of parliament, with above one hundred earls, nobles, members, gentlemen, and divines (named in his list) may dance attendance twice a week on his utopian excellency in the banquetting house at whitehall or painted chamber, to hear and see his puppet-play of a new commonwealth: the very first view whereof he presumes will infatuate alldissenting [sic] parties, spectators, and our divided nations by their example into a popish blinde obedience thereunto, upon his ipse dixit. prynne, william, 1600-1669. [2], 6 p. [s.n.], london : printed in the year, 1659. anonymous. by william prynne. a reply to: a proposition in order to the proposing of a commonwealth or democracie. annotation on thomason copy: "june. 17.". reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. proposition in order to the proposing of a commonwealth or democracie. great britain -politics and government -1649-1660 -early works to 1800. a91136 r207823 (thomason e986_24). civilwar no an ansvver to a proposition in order to the proposing of a commonwealth or democracy.: proposed by friends to the commonwealth by mr. harri prynne, william 1659 1969 5 0 0 0 0 0 25 c the rate of 25 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-06 tcp assigned for keying and markup 2007-06 aptara keyed and coded from proquest page images 2007-08 angela berkley sampled and proofread 2007-08 angela berkley text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion an ansvver to a proposition in order to the proposing of a commonwealth or democracy . proposed by friends to the commonwealth by mr. harringtons consent ; who is so over-wise in his own conceit , that he propounds a committee of parliament , with above one hundred earls , nobles , members , gentlemen , and divines ( named in his list ) may dance attendance twice a week on his utopian excellency in the banquetting house at whitehall or painted chamber , to hear and see his puppet-play of a new common-wealth : the very first view whereof the presumes will infatuate all dissenting parties , spectators , and our divided nations by their example into a popish blinde obedience thereunto , upon his ipse dixit . prov. 26. 3 , 5 , 12. a whip for a horse , a bridle for an ass , and a rod for the fools back . answer a fool according to his folly , lest he be wise in his own conceit . seest thou a man wise in his own conceit , there is more hope of a fool , than of him . london printed in the year , 1659. a proposition in order to the proposing of a commonwealth or democracy . if the parliament shall be pleased to appoint a committee to receive mr. harringtons propositions for setling the government of this commonwealth ; it is humbly proposed that unto the committee of the house may be added the earl of northumberland . the earl of denbigh . the earl of clare . the earl of kingston . the duke of buckingh●m . lord grey of warke . lord faulkeland . lord lambert . lord bronker . richard nevil esq mr. nathaniel fiennes . lord maior of london . alderman titchborne . mr. thurlo . mr. william pierepoint . sir john eveling . mr. crew . mr. ansl●of ireland . mr. prynne . sir paul neal. serjeant maynard . colonel taylor . lord broughall . mr. hubard . mr. trevor ▪ captain adam baynnes . mr. josias bernards . mr. samuel moyer . mr. anthony samuel . major wildman . mr. maximilian petty . mr. william harrington . mr. wren . mr. baxter of kidderminster . mr. walwin . mr. brooks . mr. arthur eveling . mr. cook . dr. ferne . dr. haymond . dr. owen . dr. seaman . mr. calamy . mr. manton . captain andrew ellis . mr. chalinor chute . mr. slingsby bethel . sir cheany culpepper . sir henry blount . sir horatio townshend . sir anthony ashly cooper . mr. iob charleton . mr. edward waller . colonel harloe . major harloe . colonel iohn clark . mr. iohn denham . mr. morrice . mr. hugh bisscowen . sir george booth . mr. robert roles . dr. mills . sir orlando bridgeman . mr. robert stephens . mr. william iames . sir iustinian isham . lieutenant colonel kelsey . sir robert honnywood . mr. sedgwick . mr. philip nye . dr. thomas goodwin . colonel lilburn . charles howard esq ; ; colonel ashfield . sir thomas gower . lord com. bradshaw . general desborow . colonel iames berry . major william packer . praisegod barbones . sir william vvaller . colonel sanders . colonel hatcher . colonel edmond salmon . colonel francis hacker . mr. rich. knightley . colonel iohn burch . mr. iohn swynfen . mr. thomas bampfield . colonel iohn okey . mr. william kiffen . anthony pierson . colonel mosse . mr. frecheville of stavely . mr. iames morley . dr. philip carteret . captain richard dean . adjutant general william allen . mr. william forester of aldermarton . mr. edward harison . mr. arthur samwell . mr. samuel tull. mr. edward salloway . that this committee sit tuesdayes and fridayes , by three of the clock afternoon , in the banqueting house , court of requests , or painted chamber , the doors being open , and the room well fitted for all comers : and that mr. harrington having proposed by appointment of the parliament , such others may propose as shall have the leave of the parliament . this by friends to the commonwealth is proposed with mr. harrington's consent . the reasons for this proposition are these : it is the fairest way of proposing a government , that it be first proposed to conviction , before it be imposed by power . the persons herein nominated being convinced , it must necessarily have an healing influence upon all the parties , degrees or qualities in this devided nation . the answer . it is the desire of our three divided nations ; that there be no committee appointed by those commoners now sitting to receive mr. harringtons propositions for setling our old kingly government in his new way of a commonwealth , till the house of peers , and the secluded members of the commons house who sate in parliament till december 6. 1648. be permitted freely to fit , debate , and vote in parliament , according to the statute of 17 caroli , c. 7. by which the present conventicle pretends to sit . that this being done , a committee of both houses may be appointed to receive mr. harringtons propositions . and that the persons named in mr. harringtons list who are no m●mbers , with such other wise men as mr. harrington and the friends to his propounded commonwealth shall nominate , may have libertie to propose to the said committee what mr. harrington and they shall think fit in relation to the forming and erecting of the same . that to the end the said mr. harrington and his friends may in their proposals be kept within the bounds of sobrietie and moderation , according to the antient law of charondas , the law-giver of the athenians , ( the first erectors of commonwealths , ) mr. harrington and his friends may all come to the said committee with ropes about their necks , and in case they shall not convince the said committee ( and parliament ) that their new commonwealth is better , safer , and more profitable for the english nation , than their old legal hereditarie kingly governusent , that then they shall forthwith by sentence of parliament be carried to tyburne , and undergoe the penaltie of charondas law , to be hanged up by the neck as traitors and seditious persons till they be dead . but if their proposals take effect : that then mr. harrington for his rare invention and extraordinarie good service in minting a new commonwealth , shall have the monopoly of coyning all new harringtons , alias brass farthings , which shall henceforth pass for the onely coin of his new copper commonwealth , gold and silver which are royal mines & metals annexed to the imperial crown of the realm ) being as inconsistent with his new commonwealth , ( which hath swallowed them all up ) as kingship , and therefore to be banished with it . the committee is desired to sit every afternoon in the weeke by two of the clock at the sessions house in the old baily , or rather in the old kings bench court in westminster hall , being places open to all commers , and sitted for that end , without further charge to the poor commonwealth : that so mr. harrington and his friends may not be delayed from receiving a deserved execution , or glorious reward . this by the generality of our 3 nations friends to our antient monarchy is proposed , and they hope to have mr. harringtons post-consent thereto . the reasons for this answer to the proposition are these : 1. it is the fairest way of altering our antient kingly government , and parliament , that they be first legally impeached and condemned to conviction before they be injuriously suppressed by armed power . therefore m. harrington must first answer m wren & m. pryns reasons in his new published true and perfect narrative ; for the restitution of our old hereditarie kings & kingship , as the best of governments , before he propound his new vtopian republike , to thrust them out of their long-enjoyed possession . 2. that mr. harrington and his friends being convinced of the illegality of the said commonwealth , and the dangerous consequence of proposing such a seditious novelties , against our old kingship and kingdomes , and duely executed according to charondas law , it must needes have a healing influence upon all the parties , degrees or qualities in these divided nations ; since the exemplary execution of such leading innovators wil so terrifie all others that they will not dare mutter one word for the future against our antient fundamental government by king , lords and commons ; which they are all obliged to maintain by sacred oaths and covenants . 3. all the three nations will judge mr. harrington and his republican friends are in good earnest for the government of oceana , and as valiant as sir john harringtons ajax , when they shall so fairely adventure a voyage to tyburne to introduce it . funis coronat opus . resolved upon the question , ( on mr. harringtons friends petition ) that dr. chamberlain shall attend him during all the time of his travel with his gigantick commonwealth , lest it should miscarry , and be strangled in its birth : that if the orifice of his brain or womb be so narrow that the doctors hands cannot usher it into the world without suffocation , that then ( caesar-like ) the general councel of officers of the army , shall violently cut it out of his womb with their swords , rather then it should be still born , though with the parents death : that if it be live-born , it shall not be christened , till it be able to render an account of its faith to cardinal mazarin , dr. owen , mr. nye , and john canne : that new dipped col. bennet , col. hewson , major packer , and lieut. col. allen , shall be godfathers ; the whore of rome , mrs. rolls , mrs. haggat , and mal cutpu●se godmothers to it : that it shall be then called by the fathers name , harringtons ( not englands ) commonwealth , and bear his arms instead of the superstitious red english crosse upon its forhead : that in the mean time it shall be strongly guarded night and day by the keepers of the liberties of england , and col. fleetwoods regiment , lest dr. chamberlains denn of thieves , or the queen of fayries , should fteal it away out of its cradle , and put a mishapen changeling without wit or reason , into its place , to the parents dishonour , and great disappointment of the hopes and prayers of all the publicans and sinners , falsly stiled , the godly people , and saints of the 3. nations , who rather desire to enjoy a share in the commonwealth and crown lands of england , scotland and ireland , than in the kingdom and crown of glory in heaven , bonum quo communius eo melius , being a sure principle , and the chief corner-stone on which they intend to build their new commonwealth , having little private wealth of their own , except brass harringtons , to inherit . finis . reasons assigned by william prynne, &c. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56196 of text r5258 in the english short title catalog (wing p4049). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 143 kb of xml-encoded text transcribed from 29 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56196 wing p4049 estc r5258 12378137 ocm 12378137 60650 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56196) transcribed from: (early english books online ; image set 60650) images scanned from microfilm: (early english books, 1641-1700 ; 223:8) reasons assigned by william prynne, &c. prynne, william, 1600-1669. 45 [i.e. 55] p. s.n., [london : 1649] caption title. place and date of publication from wing. errata: p. 45 [i.e. 55]. reproduction of original in union theological seminary library, new york. marginal notes. eng england and wales. -parliament -history. taxation -great britain -history. a56196 r5258 (wing p4049). civilwar no reasons assigned by william prynne, &c. prynne, william 1649 24996 19 5 0 0 0 0 10 c the rate of 10 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2005-12 tcp assigned for keying and markup 2006-03 spi global keyed and coded from proquest page images 2007-04 ali jakobson sampled and proofread 2007-04 ali jakobson text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion reasons assigned by william prynne , &c. being on the 7 of this instant june 1649 informed by the assessors of the parish of swainswicke , that i was assessed at 2 l. 5 s. for three months contribution , by vertue of a ( pretended ) , act of the commons assembled in parliament , bearing date the 7 of april last , assessing the kingdom at ninty thousand-pounds monthly , beginning from the 25 of march last , and continuing for six months next ensuing , towards the maintenance of the forces to be continued in england and ireland , and the paying of such as are thought fit to be disbanded , that so free-quarter may be taken off ; whereof 3075 l. 17 s. 1 d. ob . is monthly imposed on the county , and 2 l. 5 s. 3 d. on the small poor parish where i live ; and being since on the 15 of june required to pay in 2 l. 5 s. for my proportion : i returned the collector this answer , that i could neither in conscience , law , nor prudence in the least measure submit to the voluntary payment of this illegall tax , and unreasonable contribution , ( after all my unrepaired losses and sufferings for the publick liberty ) amounting to six times more then ship-money , ( the times considered ) or any other illegall tax of the late beheaded king , so much declaimed against in our three last parliaments by some of those who imposed this . and that i would rather submit to the painfullest death and severest punishment the imposers or exactors of it could inflict upon me by their arbitrary power ( for legall they had none ) then voluntarily pay , or not oppose it in my place and calling to the uttermost , upon the same , if not better reasons as i oppugned a ship-money , knighthood , and other unlawfull impositions of the late king and his councel heretofore . and that they and all the world might bear witnesse , i did it not from meer obstinacy or fullennesse ; but out of solid reall grounds of conscience , law , prudence , and publick affection to the weal and liberty of my native country ( now in danger of being enslaved under a new vassalage , more grievous then the worst it ever yet sustained under the late , or any other of our worst kings ) i promised to draw up the reasons of this my refusal in writing , and to publish them so soon as possible to the kingdom , for my own vindication , and the better information and satisfaction of all such as are any wayes concerned in the imposing , collecting , levying or paying of this strange kinde of contribution . in pursuance whereof , i immediately penned these ensuing reasons ; which i humbly submit to the impartiall censure of all conscientious and judicious englishmen ; desiring either their ingenuous refutation , if erronious ; or candid approbation , if substantiall and irrefragable , as my conscience and judgment perswade me they are , and that they will appear so to all impartiall persons , after full examination . first , by the fundamental laws , and known statutes of this realme , no tax , tallage , ayd , imposition , contribution , loan or assessment whatsoever may or ought to be imposed or levied on the free men and people of this realm of england , but by the will and common assent of the earls , barons , knights , burgesses , commons , and whole realm in a free and full parliament , by act of parliament : all taxes &c. not so imposed , levyed ( though for the common defence and profit of the realm ) being unjust , oppressive , inconsistent with the liberty and propertie of the subject , laws and statutes of the realm ; as is undeniably evident by the expresse statutes of magna charta , cap. 29.30 . 25. e. 1. c. 5 , 6. 34. e. 1. de tallagio non concedendo c. 1. 21. e. 3. rot. parl. n. 16. 25. e. 3. c. 8. 36. e. 3. rot. parl. n. 26. 45. e. 3. rot. parl. n. 42. 11. h. 4. rot. parl. n. 10. 1. r. 3. c. 2. the petition of right , and resolutions of both houses against loans , 3. caroli : the votes and acts against ship-money , knighthood , tonnage and poundage , and the star-chamber this last parliament , 17. & 18 caroli . and fully agreed and demonstrated by mr. william hackwell in his argument against impositions ; judge hutton and judge crook in their arguments , and mr. st. john in his argument and speech against ship-money , with other arguments and discourses of that subject : sir edward cook in his 2 instit. ( published by order of the commons house ) pag. 59.60 . &c. 527.528.529.532.533 , &c. with sundry other records and law-books cited by these great rabbies of the law , and patriots of the peoples liberties . but the present tax of ninety thousand pounds a month , now exacted of me , was not thus imposed . therefore it ought not to be demanded of , nor levied on me ; and i ought in conscience , law , and prudence to withstand it as unjust , oppressive , inconsistent with the liberty and property of the subject , laws and statutes of the realm . to make good the assumption , which is onely questionable . first , this tax was not imposed in , but out of any parliament , the late parliament being actually dissolved above two months before this pretended act of these tax-imposers taking away the king by a violent death , as is expresly resolved by the parliament of 1 h. 4. rot. parl. n. 1. by the parliament of 4. h. 4. and 1. h. 5. rot. parliam . n. 26. cook 4 institutes p. 46. and 4. e. 4.44 . b. for the king being both the head , beginning , end and foundation of the parliament ( as modus tenendi parliamentum : and sir edward cooks 4. instit. p. 3. resolve ) which was summoned and constituted only by his writ now b actually abated by his death : and the parliament ( as is evident by the clauses of the severall writs of summons to c the lords , and for the election of knights and burgesses , and levying of their wages ) being onely parliamentum nostrum , the kings parliament that is dead , not his heirs and successors ; and the lords and commons being all summoned and authorized by it to come to his parliament , there to be present , and conferre with him ( nobiscum , not his heirs and successors ) of the weighty and urgent affairs that concerned ( nos ) him and his kingdome of england ; and the knights and burgesses receiving their wages for , nuper ad nos ad parliamentvm nostrvm veniendo , &c. quod sommoneri fecimvs , ad tractandum ibidem super diversis & arduis negotiis nos & statum regni nostri tangentibus , as the tenor of the d writs for their wages determines . the king being dead , and his writ and authority by which they were summoned , with the ends for which they were called ( to confer with him , about his , and his kingdoms affairs &c. being thereby absolutely determined , without any hopes of revivall ; the parliament it self must thereupon absolutely be determined likewise ( especially to those who have disinherited his heirs and successors , and voted down our monarchy it self ) and these with all other members of parliament , cease to be any longer members of it , being made such onely by the king 's abated writ ; even as all judges , justices of peace , and sheriffs made onely by the kings writ or commission , not by letters patents , cease to be judges , justices and sheriffs by the kings death , for this very reason , because they are constituted justiciarios & vicecomites nostros ad pacem nostram &c. custodiendam ; and he being dead , and his writs and commissions expired by his death , they can be his judges , justices and sheriffs no longer to preserve his peace , &c. ( no more then a wife can be her deceased husbands wife , and bound to his obedience , from which she was losed by his death , rom. 7.2.3 . ) and his heirs and successors they cannot be , unlesse he please to make them so by his new writs or commissions , as all our e law-books and judges have frequently resolved upon this very reason , which equally extends to members of parliament , as to judges , justices and sheriffs , as is agreed in 4 e. 4.43.44 . and brooke , office and officer , 25. therefore this tax being cleerly imposed not in , but out of , and after the parliament ended by the kings decapitation , and that by such who were then no lawfull knights , citizens , burgesses or members of parliament , but onely private men , their parliamentary authority expiring with the king , it must needs be illegall , and contrary to all the fore-cited statutes ; as by the convocations and clergies tax and benevolence granted after the parliament dissolved in the yeer 1640 , was resolved to be by both houses of parliament , and those adjudged high delinquents who had any hand in promoting it . 2. admit the late parliament stil in being , yet the house of peers , earles and barons of the realm were no ways privy nor concentivg to this tax , imposed without , yea against their consents in direct affront of their most ancient undubitable parliamentary right and priviledges , ( these tax-masters having presumed to vote down and nul their very house , by their new encroached transcendent power ) as appears by the title and body of this pretended act , intituled by them , an act of the commons assembled in parliament : whereas the house of commons alone , though full and free , have no more lawful authority to impose any tax upon the people , or make any act of parliament or binding law without the kings or lords concurrence , then the man in the moon , or the convocation anno 1640. after the parliament dissolved ( as is evident by the express words of the forecited acts , the petition of right it self ; acts , for the trienniall parliament ; and against the proroging or dissolving this parliament , 17. caroli : with all our printed statutes , f parliament rolls , and g law-books : ) they neither having nor challenging the sole legislative power in any age ; and being not so much as summoned to , nor constituting members of our h ancient parliaments ( which consisted of the king and spiritual and temporal lords , without any knights , citizens , or burgesses as all our histories and records attest ) til 47 h. 3. at soonest ; they having not so much as a speaker or commons house til after the beginning of king edward the third his reign , as never presuming to make or tender any bils or acts to the king or lords , but petitions only for them to redress their grievances and enact new laws , til long after rich. the seconds raign , as our parliament rolls , and the printed prologues to the statutes of 1.4.5.9.10.20.23.36.37 . and 50. ed. 3. 1. rich. 2.1.2.4.5.7.9.11.13 . hen. 4.1.2.3.4.8.9 . hen. 5.1.2.3.4.6.8.9.10.11.14.15.29.28.29.39 . hen. 6.1.4.7.8.12.17 . 22. ed. 4. and 1. rich. 3. evidence ( which run all in this form . at the parliament holden &c. by the advice and as sent of the lords spiritual and temporal and at the special instance and request of the commons of the realm , ( by their petitions put ín the said parliament , as some prologues have it . ) our lord the king hath caused to be ordained , or ordained certain statutes &c. ) where the advising and assenting to lawes is appropriated to the lords ; the ordaining of them to the king ; and nothing but the requesting of , and petitioning for them both from king and lords to the commons , in whom the legislative power principally if not solely resided ; as is manifest by the printed prologue to the statute of merton . 20. hen. 3. the statute of morteman . 7. ed. 1. 31. ed. 1. de aspertatis religiosorum . therefore this tax imposed by the commons alone without king or lords , must needs be void , illegal , and no ways obligatory to the subjects . 3. admit the whole house of commons in a full and free parliament had power to impose a tax , and make an act of parliament for levying it without king or lords ; ( which they never did nor pretended to in any age ) yet this act and tax can be no ways obliging , because not made and imposed by a full and free house of commons , but by an empty house , packed swayed , over-awed by the chief officers of the army , who have presumed by meer force and armed power , against law and without president , to seclude the major part of the house , ( at least 8 parts of 10 ) who by law and custome are the house it self , from sitting or voting with them , contrary to the freedom and priviledges of parliament ; readmitting none but upon their own termes . an usurpation not to be paralleld in any age , destructive to the very being of parliaments ; i where all members ex debito justiciae , should with have equal freedom meet and speak their mindes : injurious to all those counties , cities , boroughs , whose knights , citizens and burgesses are secluded , and to the whole kingdom ; yea contrary to all rules of reason , justice , policy , conscience , and their own agreement of the people , which inhibit the far lesser part of any councel , court , or committee , to over-sway , seclude or forejudge the major number of their assessors and fellow members , over whom they can no wayes pretend the least jurisdiction , it being the high way to usher tyranny and confusion into all councels and realms to their utter dissolution , since the king alone without lords and commons , or the lords alone without king or commons , may by this new device make themselves an absolute parliament to impose taxes and enact lawes without the commons , or any other forty or fifty commoners meeting together without their companions do the like , as wel as this remnant of the commons make themselves a compleat parliament without king , lords , or their fellow members , if they can but now or hereafter raise an army to back them in it , as the army doth those now sitting . 4. suppose this tax should bind these counties , cities , and buroughs , whose knights , citizens , and burgesses sat and consented to it when imposed , ( though i dare sware imposed against the mindes and wills of all or most of those they represent ; ( who by the k armies new doctrine , may justly question and revoke their authority for this high breach of trust ; the rather , because the knights and burgesses assembled in the first parliament of e. 3. rot . parl. n. 8. did all refuse to grant a great extraordinary subsidie then demanded of them ( though not comparable to this ) for the necessary defence of the kingdom against forraign enemies , till they had conferred with the counties and burroughs for which they served , and gained their assents : ) yet there is no shadow of reason , law , or equity , it should oblige any of the secluded members themselves , whereof i am one ; or those counties , cities , or burroughs , whose knights , citizens , and burgesses have been secluded or scared thence by the armies violence , or setting members illegall votes for their seclusion ; who absolutely disavow this tax and act as un-parliamentary , illegall , and never assented to by them in the least degree ; since the only l reason in law or equity , why taxes or acts of parliament oblige any member , county , burrough , or subject is , because they are parties and consenting thereunto either in proper person ; or by their chosen representatives in parliament ; it being a received maxime in all laws , quod tangit omnes , ab omnibus debet approbari . upon which reason it is judged in our m law-books , that by-laws oblige only those who are parties , and consent unto them , but not strangers , or such who assented not thereto . and ( which comes fully to the present case ) in 7 h. 6. 35. h. 6.34 . brooke ancient demesne 20. & parl. 17.101 . it is resolved , that ancient demesne is a good plea in a writ of waste upon the statutes of waste , because those in ancient demesne were not parties to the making of them , for that they had no knights nor burgesses in parliament , nor contributed to their expences . and judge brook parliament 101. hath this observable note . it is most frequently found , that wales and county palatines , which came not to the parliament ( in former times , which now they do ) shall not be bound by the parliament of england : for ancient demesne is a good plea in an action of wast , and yet ancient demesne is not excepted : and it is enacted , 2. ed. 6. c. 28. that fines with proclamation shall be in chester , for that the former statutes did not extend to it : and it is enacted , that a fine and proclamation shall be in lancaster . 5. & 6. e. 6. c. 26. and a proclamation upon it a exigent is given by the statute in chester and wales , 1. e. 6. c. 20. and by another act to lancaster , 5. & 6. e. 6. c. 26. and the statute of justices of peace extended not to wales and the county palatine ; and therefore an act was made for wales and chester , 27. h. 8. c. 5. who had knights and burgesses appointed by that parliament for that and future parliaments by act of parliament , 27. h. 8. cap. 26. since which they have continued , their wages being to be levyed by the statute of 35. h. 8. c. 11. now , if acts of parliament bound not wales and county palatines , which had anciently no knights nor burgesses in parliament to represent them , because they neither personally nor representatively were parties and consenters to them ; much lesse then can or ought this leavie , tax , and illegall act to binde those knights , citizens and burgesses , or those counties , cities and burroughs they represented , who were forcibly secluded , or driven away from the parliament by the confederacy , practice , or connivance at least , of those now sitting , who imposed this tax , and passed this strange act ; especially , being for the support and continuance of those officers , and that army who trayterously seised and secluded them from the house , and yet detain some of them prisoners , against all law and justice . the rather , because they are the far major part ( above six times as many as those that sate and shut them out ) and would no wayes have consented to this illegall tax , or undue manner of imposing it , without the lords concurrence , had they been present . and , i my self , being both an unjustly imprisoned and secluded member , and neither of the knights of the county of somerset , where i live , present or consenting to this tax or act , one or both of them being forced thence by the army , i conceive neither my self , nor the county where i live , nor the burrough for which i served , in the least measure bound by this act or tax , but cleerly exempted from them , and obliged with all my might and power effectually to oppose them . if any here object , that by the custome of parliament 40 members onely are sufficient to make a commons house of parliament , and there were at least so many present when this tax was imposed : therefore it is valid and obligatory both to the secluded absent members , and the kingdom . i answer , first , that though regularly it be true , that forty members are sufficient to make a commons house to begin prayers , and businesses of lesser moment in the beginning of the day , till the other members come , and the house be full ; yet forty were never in any parliament reputed a competent number to grant subsidies , passe , or record bils , or debate or conclude matters of greatest moment ; which by the constant rules and usage of parliament , were never debated , concluded , passed , but in a free and full house , when all or most of the members were present , as the parliament rolls , journals , modus tenendi parliamentum , sir edward cooks 4. institutes , p. 1.2.26.35.36 . cromptons jurisdiction of courts , f. 1. &c : 39. e. 3.7 . brook parliament . 27. 1. jacobi , c. 1. and the records i have cited to this purpose in my levellers levelled , my plea for the lords , and memento , p. 10. abundantly prove beyond contradiction ; for which cause the members ought to be fined , and lose their wages , if absent without special licence , as modus tenendi parliamentum , as 5. r. 2. parl. 2. c. 4. 9. h. 8. c. 16. and a collection of all orders , &c. of the late parliament , pa. 294.357 . with their frequent summoning and fining absent members , evidence . secondly , though forty members onely may peradventure make an house in cases of absolute necessity , when the rest through sicknesse , and publick or private occasions , are volutarily or negligently absent ; and might freely repair thither to sit or give their votes if they pleased : yet forty members never yet made a commons house by custome of parliament ( there being never yet any such case till now ) when the rest ( being above four hundred ) were forcibly secluded , or driven thence by an army , through the practice or connivance of those forty sitting , of purpose that they should not over nor counter-vote them ; much lesse an house to sequester or expell the other members , or impose any tax upon them . till they shew me such a law , custom , or president of parliament ( not to be found in any age ) all they pretend is nothing to purpose , or the present case . thirdly , neither forty members , nor a whole house of commons were ever enough in any age , by the custom of parliament or law , of england , to impose a tax , or make any act of parliament , without the king and lords , us i have n already proved ; much lesse after they ceased to be members by the parliaments dissolution through the kings beheading : neither were they ever invested with any legall power to seclude or expell any of their fellow-members ( especially , if duly elected ) for any vote wherein the majority of the house concurred with them , or differing in their consciences and judgments from them ; nor for any other cause , without the kings and lords concurrence ( in whom the ordinary judicial power of the parliament resides ) as i have undenyably proved by presidents and reasons in my plea for the lords , p. 47. to 53. and ardua regni , which is further evident by claus. dors. 7. r. 2. m. 27. and mr. seldens titles of honour , p. 737. baronet camoyes case , discharged from being knight of the shire by the kings writ and judgment , because a peer of the realm ; the practice of sequestring and expelling commons by their fellow-commons onely , being a late dangerous , unparliamentary usurpation ( unknown to our ancestors ) destructive to the priviledges and freedom of parliaments , and injurious to those counties , cities , burroughs , whose trustees are secluded ; the house of commons it self being no court of justice to give either an oath or finall sentence , and having no more authority to dismember their fellow-members , then any judges , justices of peace , or committees have to dis-judge , dis-justice , or dis-committee their fellow judges , justices and committee-men , being all of equall authority , and made members onely by the kings writ and peoples election , not by the houses , or other members votes ; who yet now presume both to make and unmake , seclude and recall , expell and restore their fellow-members at their pleasure , contrary to the practice and resolution of former ages , to patch up a factious conventicle in stead of an english parliament . therefore this objection no ways invalids this first reason ; why i neither can nor dare submit to this illegall tax in conscience , law , or prudence , which engage me to oppose it in all these respects . secondly , should i voluntarily submit to pay this tax , and that by vertue of an act of parliament made by those now sitting , ( some of whose elections have been voted voyd ; others of them elected by new illegall writs under a new kind of seal , since the kings beheading , as the earl of pembroke , and lord edward howard , uncapable of being knights or burgesses by the common law and custome of parliament , being peers of the realm ( if now worthy such a title ) as was adjudged long since in the lord camoyes case . claus. dors. 7. r. 2. m. 32. and asserted by master selden in his titles of honour : part . 2. cha. 5. p. 737. seconded by sir edward cook in his 4. institutes . p. 1.4 , 5 , 46 , 47 , 49. ) as i should admit these lawfull members , so i should therby tacitly admit , & ex post facto assent to some particulars , against my knowledg , judgment , conscience ▪ oaths of supremacy , allegiance , protestation , and solemn league and covenant , taken in the presence of gyd himselfe , with a sincere heart and reall intention to perform● the same , and persevere therein all the dayes of my life , without suffering my selfe directly or indirectly , by whatsoever combination , perswasion or terrour to be withdrawne therefrom . as first , that there may be and now is a lawfull parliament of england actually in being and legally continuing after the kings death , consisting only of a few late members of the commons house , without either king , lords or most of their fellow commons : which the very consciences and judgments of all now sitting , that know any thing of parliaments , and the whole kingdome if they durst speak their knowledg , know and beleeve to be false , yea against their oaths and covenant . secondly , that this parliament ( so unduly constituted and packed by power of an army combining with them ) hath a just and lawfull authority to violate the priviledges , rights , freedoms , customes , and alter the constitution of our parliaments themselves ; imprison seclude , expell most of their fellow members for voting according to their consciences ; to repeal all votes , ordinances and acts of parliament they please , erect new arbitrary courts of war and justice to arraign , condemn , execute the king himself , with the peers and commons of this realm by a new kind of martiall law , contrary to magna charta , the petition of right , and law of the land ▪ disinherit the kings posterity of the crowne , extirpate monarchy and the whole house of peers , change and subvert the ancient government , seals , laws , writs , legall proceedings courts , and coyne of the the kingdome ; sell and dispose of all the lands , revenues , jewels , goods of the crowne , with the lands of deans and chapters , as they think meet ; absolve themselves ( like so many antichristian popes ) with all the subjects of england and ireland , from all the oaths and engagements they have made to the kings majesty , his heirs and successors : yea , from their very oath of allegiance , notwithstanding this express clause in it ( which i desire may be seriously and conscienciously considered by all who have sworne it ) i do ●eleive and in conscience am resolved , that neither the pope , nor any person whatsoever hath power to absolve me of this oath , or any part thereof , which i acknowledge by good and full authority to be lawfully ministred unto me , and do renounce all pardons and dispensations to the contrary : dispense with our protestations , solemn league and covenant , so lately zealously u●ged and injoyned by both houses on members , officers , ministers , and all sorts of people throughout the realme : dispose of the forts , ships , forces , officers and places of honour , power , trust or profit within the kingdom to whom they please ; to displace and remove whom they please from their offices , trusts , pensions , callings , at their pleasures without any legall cause or tryall : to make what new acts , lawes , and reverse what old ones they think meet , to insnare inthrall our consciences , estates , liberties , lives : to create new monstrous treasons never heard of in the world before ; and declare reall treasons against king , kingdome , parliament , to be no treasons , and loyalty , allegiance , due obedience to our knowne lawes , and consciencious observing of our oaths and covenant ( the breach whereof would render us actuall traytors and pernicious persons ) to be no lesse then high treason , for which they may justly imprison , dismember , disfranchise , displace and fine us at their wills ( as they have done some of late ) and confiscate our persons and lives to the gallowes , and our estates to their new exchequer ; ( a tyranny beyond all tyrannies ever heard of in our nation , repealing magna charta , c. 29.5 . e. 3. c. 6.25 . edw. 3. cap. 4.28 . ed. 3. c. 3.37 . e. c. 18.42 . e. 3. cap. 3.25 . ed. 3. cap. 2.11 . r. 2. c. 4.1 . h. 4 c. 10.2 . h. 4. rot. par. 11. n. 60. 1. e. 6. c. 12.1 m. c. 1. the petition of right , 3 caroli , and laying all our laws , liberties , estates , lives in the very dust after so many bloody and costly years wars to defend them against the kings invasions ) rayse and keep up what force they will by sea and land , to impose what heavy taxes they please , and renew , increase , multiply and perpetuate them on us as long as they please to support their own encroached more then regall , parliamentall , super-transcendent arbitrary power over us , and all that is ours or the kingdoms , at our private and the publique charge , against our wills , judgments , consciences , to our absolute enslaving , and our three kingdoms ruine , by engaging them one against another in new civill wars , and exposing us for a prey to our forraign enemies . all which with other particulars lately acted and avowed by the imposers of this tax , by colour of that pretended parliamentary authority by which they have imposed it , i must necessarily admit , acknowledge to be just and legall by my voluntary payment of it , of purpose to maintaine an army to justify and make good all this , by the meer power of the sword , which they can no wayes justify and defend by the laws of god or the realm , before any tribunall of god or men when legally arraigned as they shall one day be . neither of which i can or dare acknowledge without incurring the guilt of most detestable perjury , and highest treason , against , king kingdom , parliament , laws and liberties of the people : and therefore cannot yeeld to this assessement . thirdly . the principall ends and uses proposed in the pretended act and warrants thereupon for payment of this tax are strong obligations to me , in point of conscience , law , prudence , to withstand it ; which i shall particularly discusse . the first is , the maintenance and continuance of the present army and forces in england under the lord fairfax . to which i say , first , as i shall with all readinesse , gratitude and due respect acknowledg their former gallantry , good and faithfull services to the parliament and kingdom , whiles they continued dutiful and constant to their first engagements and the ends for which they were raised by both houses , as far forth as any man ; so in regard of their monstrous defections and dangerous apostacy from their primitive obedience , faithfulnesse and engagements in disobeying the commands and levying open warre against both houses of parliament , keeping an horrid force upon them at their very doors , seising , imprisoning , secluding , abusing and forcing away their members , printing and publishing many high and treasonable declarations against the institution , priviledges , members and proceedings of the late , and being of all future parliaments ; imprisoning , abusing , arraigning , condemning and executing our late king , against the votes , faith , and engagements of both houses , and disinheriting his posterity , usurping the regal , parliamental , magistratical and ecclesiastical power of the kingdom to their generall councel of officers of the army , as the supreme swaying authority of the kingdom , and attempting to alter and subvert the ancient government , parliaments , laws and customs of our realm : and upon serious consideration of the ordinary unsufferable assertions of their officers and souldiers uttered in most places where they quarter , and to my self in particular , sundry times . that the whole kingdom , with all our lands , houses , goods , and whatsoever we have , is theirs , and that by right of conquest , they having twice conquered the kingdom : that we are but their conquered slaves and vassals , and they the lords and heads of the kingdome : that our very lives are at their mercy and courtesie . that when they have gotten all we have from us by taxes and free-quarter , and we have nothing left to pay them , then themselves will selfe upon our lands as their own , and turn us and our families out of doors . that there is now no law in england ( nor never was if we beleeve their lying oracle peters ) but the sword ; with many such like vapouring speeches and discourses , of which there are thousands of witnesses : i can neither in conscience , law nor prudence assent , much lesse contribute in the least degree , for their present maintenance , or future continuance , thus to insult , inslave , and tyrannize over king , kingdom , parliament , people at their pleasure , like their conquered vassals . and for me in particular to contribute to the maintenance of those , who against the law of the land , the priviledges of parliament , and liberty of the subject , pulled me forcibly from the commons house , and kept me prisoner about two months space under their martiall , to my great expence and prejudice , without any particular cause pretended or assigned , only for discharging my duty to the kingdom , and those for whom i served in the house , without giving me the least reparation for this unparallell'd injustice , or acknowledging their offence ( and yet detain some of my then fellow-members under custody by the meer power of the sword without bringing them to tryall ) would be not onely absurd , unreasonable , and a tacite justification of this their horrid violence and breach of priviledge , but monstrous , unnaturall , perfidious , against my oath and covenant . 2. no tax ought to be imposed on the kingdom in parliament it self , but in case of necessity , for its common good , as is cleer by the stat. of 25. e. 1. c 6. and cooks 2 instit. p. 528. now it is evident to me , that there is no necessity of keeping up this army for the kingdoms common good , but rather a necessity of disbanding it , or the greatest part of it , for these reasons : 1. because the kingdom is generally exhausted with the late 7 years wars , plunders and heavie taxes ; there being more moneys levied on it by both sides , during these eight last years , then in all the kings reigns since the conquest , as will appear upon a just computation : all counties being thereby utterly unable to pay it . 2. in regard of the great decay of trade , the extraordinary dearth of cattel , corn , and provisions of all sorts ; the charge of relieving a multitude of poor people , who starve with famine in many places , the richer sort eaten out by taxes and free-quarter , being utterly unable to relieve them . to which i might add the multitude of maimed souldiers , with the widows and children of those who have lost their lives in the wars , which is very costly . 3. this heavie contribution to support the army , destroys all trade , by fore-stalling and engrossing most of the moneys of the kingdom , the sinews and life of trade ; wasting the provisions of the kingdom , and enhansing their prices , keeping many thousands of able men and horses idle , only to consume other labouring mens provisions , estates and the publick treasure of the kingdom , when as their imployment in their trades and callings , might much advance trading , and enrich the kingdom . 4. there is now no visible enemy in the field or garisons , and the sitting members boast there is no fear from any abroad , their navie being so victorious . and why such a vast army should be still continued in the kingdom to increase its debts and payments , when charged with so many great arrears and debts already , eat up the country with taxes and free-quarter , only to play , drink , whore , steal , rob , murther , quarrel , fight with , impeach and shoot one another to death as traytors , rebels and enemies to the kingdom and peoples liberties , as now the levellers and cromwellists do , for want of other imployments , and this for the publick good , transcends my understanding . 5. when the king had two great armies in the field , and many garisons in the kingdom , this whole army by its primitive establishment , consisted but of twenty two thousand horse , dragoons , and foot , and had an establishment only of about forty five thousand pounds a month for their pay ; which both houses then thought sufficient , as is evident by their o ordinances of febr. 15. 1644. and april 4. 1646. and when the army was much increased without their order , sixty thousand pounds a month was thought abundantly sufficient by the officers and army themselves to disband and reduce all super-numeraries , maintain the established army and garisons , and ease the country of all free-quarter ; which tax hath been constantly paid in all counties . why then this tax to the army should now be raised above the first establishment , when reduced to twenty thousand , whereof sundry regiments are designed for ireland , ( for which there is thirty thousand pounds a month now exacted besides the sixty for the army ) and this for the common good of the realm , is a riddle unto me , or rather , a mystery of iniquity , for some mens private lucre , rather then the publick weal . 6. the militia of every county ( for which there was so great contest in parliament with the late king ) and these persons of livelihood and estates in every shire or corporation who have been cordiall to the parliament and kingdom heretofore , put into a posture of defence under gentlemen of quality and known integrity , would be a far better guard to secure the kingdom against forraign invasions or domestick insurrections , then a mercinary army of persons and souldiers of no fortunes , and that with more generall content , and the tenth part of that charge the kingdom is now at to maintain this army , and prevent all danger of the undoing pest of free-quarter . therefore there is no necessity to keep up this army , or impose any new tax for their maintenance , or defraying their pretended arrears , which i dare averr , the free-quarter they have taken in kinde , and levied in money , if brought to a just account , as it ought , will double if not treble most of their arrears , and make them much indebted to the country . and no reason they should have full pay and free-quarter too , and the country bear the burthen of both , without full allowance of all the quarters levied or taken on them against law , out of their pretended arrears . and if any of the sitting tax-makers here object , that they dare not trust the militia of the cities and counties of the realm with their own or the kingdoms defence : therefore there is a necessity for them to keep the army , to prevent all dangers from abroad , and insurrections at home . i answer , 1. that upon these pretences these new lords may intail and enforce an army , and taxes to support them , on the kingdom till dooms-day 2. if they be reall members who make this objection , elected by the counties , cities and burroughs for which they serve , and deriving their parliamental authority onely from the people ( the only new fountain of all power and authority , as themselves now dogmatize ) then they are but the servants and trustees , who are to allow them wages , and give them commission for what they act . and if they dare not now trust the people , and those persons of quality , fidelity , and estate , who both elected , intrusted and impowred them , and are the primitive and supreme power ; it is high time for their electors and masters the people , to revoke their authority and trusts , and no longer to trust those with their purses , liberties , safety , who dare not now to confide in them , and would rather commit the safeguard of the kingdom to mercinary , indigent soudiers , then to those gentlemen , free-holders , citizens , burgesses , and persons of estate who elected them , whose trustees and attourneys only they professe themselves , and who have greatest interest both in them and the kingdoms weal , and those who must pay these mercinaries , if continued . 3. the gentlemen and free-men of england have very little reason any longer to trust the army with the kingdoms , parliaments , or their own liberties , laws and priviledges safeguard , which they have so oft invaded ; professing now that they did not fight to preserve the kingdom , king , parliament , laws , liberties and properties of the subject ; but to conquer and pull them down , and make us conquered slaves in stead of free-men : averring , that all is theirs by conquest . and if so , then this army is not , cannot be upheld and maintained for the kingdoms and peoples common good and safety , but their enslaving , destruction , and the meer support of the usurped power , authority , offices , wealth , and absolute domination only of those who have exalted themselves for the present above king , parliament , kingdom , laws , liberties , and those that did intrust them , by the help of this trust-breaking army , who have stained all the glory of their former noble victories and heroick actions , by their late degenerous unworthy practices , and are become a reproach to the english nation in all christian kingdoms and churches . the second end of this heavie tax , is the support and maintenance of the forces in ireland , for which there was onely twenty thousand pounds a month formerly allowed , now mounted unto thirty thousand . to which i answer in the first place , that it is apparent by the printed statutes of 25. e. 1. c. 6. 1 e. 3. cap. 5.7 . 18. e. 3. c. 7. 25. e. 3. c. 8. 4. h. 4. cap. 13. cooks 2 institutes p. 528. and the protestations of all the commons of england in the parliaments of 1 h. 5. nu . 17. and 7. h. 5. n. 9. that no freeman of england ought to be compelled to go in person , or to finde souldiers , arms , conduct-money , wages , or pay any tax for or towards the maintenance of any forreign war in ireland , or any other parts beyond the sea , without their free consents in full parliament . and therefore this tax to maintain souldiers and the war in ireland ( neither imposed in parliament , much lesse in a full and free one , as i have proved ) must needs be illegall , and no ways obligatory to me , or any other . 2. most of the ancient forces in ireland ( as the brittish army , scots , and inchiqueen's ) towards whose support the twenty thousand pounds a month was designed , have been ever since declared rebels , traytors , revolters , and are not to share in this contribution : and those now pretending for ireland , being members of the present army and to be paid out of that establishment , there is no ground at all to augment , but decrease this former monthly tax for ireland , over what it was before . 3. many of those now pretending for ireland , have been the greatest obstructers of its relief heretofore : and many of those designed for this service by lot , have in words , writing , and print protested they never intend to go thither , and disswade others from going , yet take free-quarter on the country and pay too under that pretext . and to force the country to pay contribution and give free-quarter to such cheaters and impostors , who never intend this service , is both unjust and dishonourable . 4. if the relief of ireland be now really intended , it is not upon the first just and pious grounds , to preserve the protestant party there from the forces of the bloody popish irish rebels , with whom ( if report be true ) these sitting anti-monarchists seek and hold correspondence , and are now actually accorded with owen ro-oneal and his party of blodiest papists ; but to oppose the kings interest and title to that kingdome , and the protestant remaining party there adhering to and proclaiming , acknowledging him for their soveraign ; least his gaining of ireland should prove fatall to their usurped soveraignty in england , or conduce to his enthroning here : and by what authority these now sitting can impose , or with what conscience any loyall subject who hath taken the oaths of supremacy , allegiance , and covenant can voluntarily pay any contribution to deprive the king of his hereditary right & undoubted title to the kingdoms and crowns of england & ireland and alter the frame of the ancient government & parliaments of our kingdoms p remonstrated so often against by both houses , and adjudged high treason in canterburies and strafffords cases , for which they were beheaded and by themselves in the kings own case , whom they decolled likewise ) without incurring the guilt of perjury and danger of high treason , to the losse of his life and estate , by the very laws and statuts ) yet inforce , transcends my understanding to conceive : vvherfore i neither can nor dare in conscience , law or prudence submit to this contribution . fourthly . the coercive power and manner of levying this contribution , expressed in the act , is against the law of the land , and liberty of the subject , which is threefold . first , distresse and sale of the goods of those who refuse to pay it ; with power to break open their houses ( which are their castles ) doores , chests , &c. to distrain ; which is against magna charta . cap. 29. the petition of right ; the votes of both houses in the case of ship-mony , 1 r. 2. c. 3. and the resolution of our judges and law-books . 13. ed. 4.9.20 . e. 4.6 . cook . 5. report . f. 91.92 . semaines case , & 4. inst. p. 176 , 177. secondly , imprisonment of the body of the party till he pay the contribution , being contrary to magna charta ; the petition of right , the resolution of both houses in the parliament of 3 caroli in the case of loanes ; and 17 caroli , in the case of ship-mony , the judgment of our judges and law-books collected by sir edward cook in his 2 insti. p. 46. &c. and the statu. of 2 h. 4. rot. par. n. 6. unprinted , but most expresse in point . thirdly , levying of the contribution by souldiers and force of arms , in case of resistance , and imprisoning the person by like force : adjudged high treason in the cases of the earl of strafford , and a levying of war within the statute of 25. ed. 3. by the late parliament , for which he lost his head : and so proved to be at large by master st. iohn in his argument at law at the passing the bill for his attainder , printed by order of the commons house . fourthly , ( which heightens the illegality of these illegall means of levying it ) if any person whose goods are destrained , or person imprisoned for this illegall tax , shall bring his action at law , or an habeas corpus for his relief . the committee of indempnity will stay his legall proceedings , award cost against him ; and commit him a new till he pay them , and release his suits at law , and upon an habeas corpus , their own sworn judges created by them , dare not bayle but remaund him against law . an oppression and tyranny , far exceeding the worst of the beheaded kings ; under whom the subjects had free-liberty to sue and proceed at law both in the cases of loanes , shipmony and knighthood , without any councel-table , committee of indempnity to stop their suits , or inforce them to release them ; and therefore in all these respects ( so repugnant to the laws and liberty of the subject ) i cannot submit to this illegall tax , but oppugn it to the utetrmost , most invasive on our laws and liberties , that ever was . fifthly , the time of opposing this illegall tax , with these unlawfull ways of levying it , is very considerable and sticks much with me ; it is ( as the imposers of it declare and publish in many of their new kind of acts and devices ) in the first yeare of englands liberty , and redemption from thraldom . and if this unsupportable tax , thus illegallly to be levied , be the first fruits of our first years freedom , and redemption from thraldom , how great may we expect our next years thraldome will be , when this little finger of theirs is heavier by far then the kings whole loynes , whom they beheaded for tyranny and oppression ? sixthly , the order of this tax ( if i may so term a disorder ) or rather newnesse of it , engageth me , and all lovers of their countries liberty , unanimously to withstand the same . it is the first , i finde , that was ever imposed by any who had been members of the commons house after a parliament dissolved ; the lords house voted down , and most of their fellow-commoners secured or secluded by their connivance or confederacy with an undutiful army . vvhich if submitted to , and not opposed as illegall , any forty or fifty commoners , who have been members of a parliament , gaining forces to assist and countenance them , may out of parliament now , or any time hereafter , do the like , and impose what taxes and laws they please upon the kingdom , and the secluded lords and commons that once sate with them , being incouraged thereto by such an unopposed precedent . vvhich being of so dangerous consequence and example to the constitution and priviledges of parliament , and liberties of the people , we ought all to endeavour the crushing of this new cockatrice in the shell , lest it grow to a fiery serpent , to consume and sting us to death , and induce the imposers of it , to lade us with new and heavie taxes of this kinde , when this expires ( which we must expect , when all the kings , bishops , deans and chapters lands are sold and spent ) if we patiently submit to this leading decoy ; since q bonus actus inducit consuetudinem , as our ancestors resolved , anno 1240. in the case of an universall tax , demanded by the pope ; whereupon they all unanimously opposed it at first ; r opprime dum nova sunt subiti mala semina morbi : principiis obsta ; serò medicina paratur cum mala per longas invaluere moras , being the safest rule of state-physick we can follow in such new desperate diseases which endanger the whole body-politick . upon which grounds the most consciencious gentlemen and best patriots of their country opposed loans , ship money , tonnage , poundage , knighthood , and the like late illegall impositions of the king and his councell in the very beginnings of them , and thought themselves bound in conscience , law , prudence so to do , though there were some colourable reasons and precedents of former times pretended to countenance them . and if these vvorthies conceived themselves thus obliged to oppose those illegall impositions of the king and his councel , though countenanced by some judges opinions as legall , to their immortall honour , and high esteem both in country and parliament , who applauded them as the principal maintainers of their countries liberties ; then much more ought i , and all other tenderers of their own and countries freedom , to oppose this illegall dangerous contribution imposed on us by a few fellow-subjects only , without , yea against all law or precedent to countenance it , being of greater consequence , and worser example to the kingdom , then all or any of the kings illegall projects or taxes . seventhly , the excessivenesse of this tax , much raised and encreased , when we are so exhausted , and were promised and expected ease from taxes , both by the army in their remonstrance , november 20. 1648. and by the imposers of it , amounting to a sixt part , if not a moiety of most mens esta●es , is a deep engagement for me to oppose it ; since taxes , as well as s fines and amerciaments ought to be reasonable ; so as men may support themselves and their families , and not be undone , as many will be by this , if forced to pay it by distresse or imprisonment . upon this ground , in the parliaments of 1 & 4 edward the third we find divers freed from payment of tenths , and other taxes lawfully imposed by parliament , because the people were impoverished and undone by the warres , who ought to pay them . and in the printed statutes of 31 henr. 6. c. 8. 1 mariae c. 17. to omit others , we find subsidies mitigated and released by subsequent acts of parliament , though granted by precedent , by reason of the peoples poverty and inability to pay them . yea , somtimes we read of something granted them by the king , by way of aide , to help pay their subsidies , as in 25. e. 3. rastal , tax 9. & 36 e. 3. c. 14. and for a direct president in point : when t peter rubie the pope's legat in the year 1240. exacted an excessive unusuall tax from the english clergie ; the whole clergy of berk-shire ( and others ) did all and every of them unanimously withstand it , tendring him divers reasons in writing of their refusall , pertinent to our time and present tax ; whereof this was one , that the revenues of their churches scarce sufficed to finde them daily food , both in regard of their smalnesse , and of the present dearth of corne ; and because there were such multitudes of poore people to relieve , some of which dyed of famin , so as they had not enough to suffice themselves and the poore . whereupon they ovght not to be compelled to any svch contribvtion : which many of our clergy may now likewise plead most truly , whose livings are small , and their tythes detained ; and divers people of all ranks and callings , who must sell their stocks , beds , and all their houshold-stuffe , or rot in prison , if forced to pay it . eightly , the principall inducement to bring on the payment of this tax , is a promise of taking off the all-devouring and undoing grievance of free-quarter : which hath ruined many countreys and families , and yet they must pay this heavy tax to be eased of it for the future , instead of being paid and allowed for what is already past , according to u former engagements . against which i have these just exceptions . 1. that the taking of free-quarter by soldiers in mens houses , is a grievance against the very common-law it self , which defines every mans house to be his castle and sanctuary , into which none ought forcibly to enter against his will ; and which with his goods therein he may lawfully x fortifie and defend against all intruders whatsoever , and kill them without any danger of law : against all the statutes concerning y purveyers , which prohibit the taking of any mens goods or provisions against their wills , or paiment for them under pain of felony , though by commission under the great seal of england . against the expresse letter and provision of the petition of right , 3. caroli . condemned by the commons house in their z declaration of the state of the kingdome of the 15. december , 1641 , and charged as an article against king richard the second when deposed , in the parliament of 1 h. 4 nu . 22. yea , it is such a grievance , as exposeth the houses , goods , provisions , moneys , servants , children , wives , lives , and all other earthly comforts we enjoy , to the lusts and pleasure of every domineering officer , and unruly common souldier . and to impose an unjust , heavy tax , and induce people to pay it upon hopes of freeing them from free-quarter , is but to impose one grievance to remove another . 2. there have been many promises , declarations and orders of both houses and the generall , for taking off free quarter heretofore , upon the peoples paying in their contributions before-hand , as now : and then none should free-quarter on them , under pain of death ; yet no sooner have they pay'd in their contribution , but they have been freequartered on as much or more then formerly : the souldiers , when we tell them of any orders against free-quarter , slighting them as so many wast papers , and carrying themselves more unruly : and when complaint thereof hath been made to the officers , members , or the committee for the army , or in the house ; answer hath still been made , that as long as there is an army on foot , there will be freequarter taken , and there can be no prevention of it , there being a necessity of it : and when any have craved allowance of it , they have found so many put-offs and delayes , and such difficulties in obtaining it , that their expences have equalled their allowance ; and after allowances made , the moneys allowed have been called for again . so as few have had any allowance for quarters , and given over suing for them , being put to play an after-game to sue for them after all their contributions first paid , and not to deduct them out of their contributions , which they are still put to do . this pretext therefore of taking away free-quarter , is but a shoo-horn to draw on the payment of this tax , and a fair pretext to delude the people , as they finde by sad experience every-where , and in the county and hundred where i reside . for , not to look back to the last yeers free-quarter taken on us ( though we daily paid our contributions , ) in april and may last past , since this very tax imposed for taking away free-quarter , colonel harrisons troopers under the command of captain spencer , ( who quartered six days together in a place , and exacted and received most of them 3 s. others 3 s. 6 d. and the least 2 s. 6 d. a day for their quarters , telling their landlords , that their lands , and the whole kingdom was theirs ) have put bathwick , bathford , claverton , combe , hampton , toustock , walcot and wedcombe , small parishes in our hundred and liberty , as they will prove upon oath , and given it me under their hands , to 94 li. 4 s. 3 d. charge ; beside what quarters in other parishes of the hundred sir hardresse wallers souldiers upon pretext of collecting arrears of contribution not due from the hundred , put it to at least 30 l. charge more for free-quarter , they being very rude and disorderly ; and no sooner were we quit of them : but on the 22 and 23 of may last , col. hunks his foot under the conduct of captain flower and captain eliot pretending for ireland , but professing they never intended to go thither , marching from minehead and dunster ( the next westerne ports to ireland further from it to oppresse the country , put bathwick , langridge , witty , batheaston , eutherin and ford to 28 l. 7 s. and swainswicke , where i live , to about 20 l. expences for three dayes freequarter ( by colour of the generals order dated the first of may ) being the rudest and deboistest in all kinds , that ever quartered since the warrs , and far worse then the worst of goring's men , whereof some of them were the dreggs ; and their captain flower , a cavalier heretofore in arms ( as is reported ) against the parliament . their carriage in all places was very rude , to extort money from the people , drawing out their swords , ransacking their houses , beating and threatning to kill them , if they would not give them two shillings six pence , three shillings , three shillings six pence , or at least two shillings a day for their quarters , which when extorted from some , they took free-quarter upon others , taking two , three , and some four quarters a man : at my house they were most exorbitant , having ( as their quarter-master told me , who affirmed to me they had twice conquered the kingdom , and all was theirs ) directions from some great ones above , from some others in the country ( intimating some of the committee ) and their own officers ( who absented themselves purposely , that the souldiers might have none to controll them ) to abuse me . in pursuance whereof some thirty of them coming to my house , shouting and hollowing in a rude manner on may 22 , when their billet was but for twenty , not shewing any authority , but only a ticket , [ mr. prynne — 20 ] climbed over my walls , forced my doors , beat my servants and workmen without any provocation , drew their swords upon me ( who demanded whose souldiers they were , by what authority they demanded free-quarter , my house being neither inne , nor alehouse ; and free quarter against law and orders of parliament , and the generals ) using many high provoking speeches , brake some of my windows , forced my strong-beer cellar door , and took the key from my servant , ransacked some of my chambers under pretext to search for arms , taking away my servants clothes , shirts , stockings , bands , cuffs , handkerchiefs , and picking the money out of one of their pockets ; hollowed , roared , stamped , beat the tables with their swords and muskets like so many bedlams , swearing , cursing , and blaspheming at every word ; brake the tankards , bottles , cups , dishes wherein they fetched strong beer against the ground , abused my maid-servants , throwing beef & other good provisions at their heads , and casting it to the dogs , as no fit meat for souldiers , and the heads and conquerors of the kingdom , as they called themselves ; searched the out-houses for turkies , which they took from their eggs and young ones , veal and mutton being not good enough for them : they continued drinking and roaring before , at , and after supper , till most of them were mad-drunk , and some of them dead-drunk under the table . then they must have 14 beds provided for them ( for they would lie but two in a bed ) and all their linnen washed : my sister answering them , that there were not so many beds in the house , and that they must be content as other souldiers had been , with such beds as could be spared ; they thereupon threatned to force open her chamber door , and to pull her and her children out of their beds , unlesse she would give them three shillings a peece for their beds , and next dayes quarters ; and at last forced her for fear of their violence ( being all drunk ) to give them eighteen pence a piece , assoon as they were forth of doors , and six pence a peece the next day , if they marched not ; whereupon they promised to trouble the house no more . upon this agreement all but eight ( who were gone to bed ) departed that night , and the rest the next morning . but i going to the lecture at bath , some thirty of them in my absence came about ten of the clock , notwithstanding the moneys received of my sister for their quarters , re-entered the house , and would have quarters again , unlesse she would give them three shillings a peece ; which she refusing , they thereupon abused and beat the servants and workmen , forced them to drink with them all that day and night , swearing , cursing , roaring like so many furies and divels , brake open my parlour , milk-house , and garden-doors , abused my pictures and brake an hole in one of them ; hacked my table-boards with their swords from one end to the other , threw the chairs , stools , meat , drink about the house ; assaulted my sister , and her little children and maid-servants with their naked swords , threatning to kill them , and kick them to gelly , shot at them with their muskets , forced them out of the house to save their lives : which i hearing of , repaired to my house , and finding them all so bedlam mad , and that they would not hearken to any reason , nor be quieted , i thereupon rode to seek their captain and officers at bath , who purposely absented themselves ; and not finding them till the next morning , i acquainted the captain then , ( as i had done the first night by letter ) with all these unsufferable outrages of his souldiers ( contrary to the generals orders to carry themselves civilly in their quarters , and abuse none in word or deed ) which would render him and them odious , not onely to the country and kingdom , but all officers and souldiers who had any civility in them , and be a disparagement to the generall , by whose proclamation he ought to be present with his company to keep them in good order , under pain of cashiering : and therefore i expected and required justice and reparations at his hands ; the rather , because i was informed by some of his own souldiers and others , that they had not been so barbarously rude , but by his incouragement , which if he refused , i should complain of him to his superiours , and right my self the best way i might . after some expostulations , he promised to make them examples , and cashier them , and remove them forthwith from my house : but the onely right i had , was , that more of his company repaired thither , making all the spoil they could , and taking away some brasse and pewter , continuing there till neer four of the clock ; and then marched away onely out of fear i would raise the country upon them ; many of whom profered me their assistance ; but i desired them to forbear till i saw what their officers would do ; who in stead of punishing any of them , permitted them to play the like rex almost in other places where they quartered since , marching but three or four miles a day , and extorting what moneys they could from the country by their violence and disorders . now , for me or any other to give moneys to maintain such deboist bedlams and beasts as these ( who boasted of their villanies and that they had done me at least twenty pounds spoil in beer and provisions , drinking out five barrels of good strong beer , and wasting as much meat as would have served an hundred civill persons ) to be masters of our houses , goods , servants , lives , and all we have , to ride over our heads like our lords and conquerours , and take free quarter on us , amounting to at least a full yeares contribution , without any allowance for it , and that since the last orders against free-quarter , and warrants for paying in this tax to prevent it for the future , issued ; is so far against my reason , judgement and conscience , that i would rather give all away to suppress , discard them , or cast it into the fire then maintain such graceless wretches with it to dishonour god , enslave , consume , ruine the country and kingdome ; who every where complain of the like insolences ; and of taking free quarter since the 9 of june , as above two hundred of colonel coxe his men did in bath the last lords day ; who drew up in a body about the majors house , and threatned to seise and carry him away prisoner for denying to give them free quarter , contrary to the new act for abolishing it . lastly this pretended act implies , that those who refuse to pay this contribution without distress or imprisonment shall be stil oppressed with freequarter : and what an height of oppression and injustice this will prove not only to distrain & imprison those who cannot in conscience , law or prudence submit to this illegall tax , but likewise to undoe them by exposing them to free-quarter , which themselves condemne as the heighst pest and oppression ; let all sober men consider ; and what reason i and others have to oppose such a dangerous destructive president in its first appearing to the world . ninethly , the principal end of imposing this tax to maintain the army and forces now raised , is not the defence and fafety of our ancient and first christian kingdom of england , its parliaments , laws , liberties , and religion , as at first , but to disinherit the king of the crown of england , scotland , and ireland , ( to which he hath an undoubted right by common and statute law ; as the parliament of 1 jacobi . ch. 1. resolves ) and to levy war against him to deprive him of it : to subvert the ancient monarchical government of this realm , under which our ancesters have always lived and flourished , to set up a new republick , the oppressions and greivances whereof we have already felt ( by increasing our taxes , setting up arbitrary courts and proceedings to the taking away of the lives of the late king , peers , and other subjects against the fundamental laws of the land , creating new monstrous treasons never heard off in the world before , and the like ) but cannot yet enjoy or discern the least ease or advantage by it ; to overthrow the ancient constitution of the parliaments of england , consisting of king , lords , and commons , and the rights , and priviledges thereof . to alter the fundamental laws , seales , courts of justice of the realm , and introduce an arbitrary government at least , if not tyrannical , contrary to our lawes , oathes , covenant , protestation , a publick remonstrances and engagements to the kingdom and forraign states , not to change the government , or attempt any of the premises . all which being no less then high treason by the laws and statutes of the realm , ( as sir edward cook in his 4 institutes ch. 1. and mr. st. john in his argument at law , upon passing the bill of attainder of the earl of strafford ( both printed by the commons special order ) have proved at large by many presidents , reasons , records ; and so adjudged by the last parliament in the cases of strafford and canterbury , who were condemned and executed as traytors by judgement of parliament , and some of these now sitting , but for some of those treasons , upon obscurer evidences of guilt , then are now visible in others : ) i cannot , without incurring the crime and guilt of these general high treasons , and the eternal , if not temporal punishments incident thereunto , if i should voluntarily contribute so much as one peny or farthing , towards such treasonable and disloyal ends as these , against my conscience , law , loyalty , duty , and all my oathes and obligations to the contrary . tenthly , the payment of this tax for the premised purposes , will ( in my poor judgment and conscience ) be offensive to god and all good men , scandalous to the protestant religion , dishonourable to our english nation , and disadvantagious and destructive to our whole kingdom , hindering the speedy settlement of our peace , the re-establishment of our laws and government , establishing of our taxes , disbanding of our forces , revivall of our decayed trade , by the renewing and perpetuating our bloudy uncivill warrs ; engaging scotland , ireland , and all forreign princes and kingdoms in a just war against us , to avenge the death of our late beheaded king , the dis-inheriting of his posterity , and restore his lawfull heirs and successors to their just , undoubted rights , from which they are now forcibly secluded ; who will undoubtedly molest us with continuall warrs ( what-ever some may fondly conceit to the contrary ) till they be setled in the throne in peace upon just and honorable terms , and invested in their just possessions . and therefore i can neither in conscience , piety nor prudence , ensnare my self in the guilt of all these dangerous consequences , by any submission to this illegall tax . upon all these weighty reasons , and serious grounds of conscience , law , prudence , ( which i humbly submit to the consciences and judgments of all conscientious and judicious persons , whom they do or shall concern ) i am resolved by the assistance and strength of that omnipotent god ( who hath miraculously supported me under , and carried me through all my former sufferings for the peoples publick liberties with exceeding joy , comfort , and the ruine of my greatest enemies and opposers ) to oppugne this unlawfull contrbution , and the payment of it to the uttermost , in all just and lawfull wayes , i may ; and if any will forcibly levie it by distresse or otherwise , without law or right ( as theeves and robbers take mens goods and purses ) let them doe it at their own utmost perill . and i trust god and men will in due season doe me justice , and award me recompence for all the injuries in this kinde , and any sufferings for my countries liberties . how-ever , fall back , fall edge , i would ten thousand times rather lose life , and all i have , to keep a good conscience , and preserve my native liberty , then part with one farthing , or gain the whole world with the losse of either of them ; and rather die a martyr for our ancient kingdom , then live a slave under any new republick , or remant of a broken , dismembred , strange parliament of commons , without king , lords , or the major part of the knights , citizens and burgesses of the realme , in being subject to their illegall taxes , and what they call acts of parliament , which in reality are no acts at all to binde me , or any other subject , to obedience , or just punishment for non-obedience thereunto , or non-conformity to what they stile the present government of the armies modeling , and i fear , the jesuites suggesting , to effect our kingdoms and religions ruine . william prynne . swainswick , june 16. 1649. psal. 26.4 , 5. i have not sate with vain persons , neither will i go with dissemblers : i have hated the congregation of evill doers , and will not sit with the wicked . finis . a postscript . since the drawing up of the precedent reasons , i have met with a printed pamphlet intituled , an epistle written the 8th day of june , by lieutenant colonel iohn lilburn , to master william lenthall speaker to the remainder of those few knights , citizens and burgesses that col. thom. pride at his late purge thought convenient to leave sitting at westminster ( as most fit for his and his masters designs to serve their ambitious & tyrannical ends , to destroy the good old laws , liberties and customs of england , the badges of our freedom , as the declaration against the king of the seventh of march , 1648 , pag. 23. calls them ) and by force of armes to rob the people of their lives , estates and properties ; and subject them to perfect vassallage and slavery &c. who ( and in truth no otherwise ) pretendenly stile themselves , the conservators of the peace of england , or the parliament of england , intrusted and authorized by the consent of all the people thereof , whose representatives by election ( in their declaration last mentioned , p. 27. they say ) they are ; although they are never able to produce one bit of a law , or any piece of a commission to prove , that all the people of england , or one quarter , tenth , hundred or thousand part of them , authorized thomas pride , with his regiment of souldiers to choose them a parliament , as indeed it hath de facto done by this pretended mock-parliament : and therefore it cannot properly be called the nations or peoples parliament ; but col. prides and his associats , whose really it is : who although they have beheaded the king for a tyrant , yet walk oppressingest steps , if not worst and higher . in this epistle this late great champion of the house of commons and sitting junctoes supremacy both before and since the kings beheading , ( who with his brother a overton and their confederates , first cryed them up as , and gave them the title of , the supream authority of the nation : the only supream judicatory of the land : the only formall and legall supream power , and parliament of england , in whom alone the power of binding the whole nation by making , altering or abrogating laws , without either king or lords , resides , &c. and first engaged them by their pamphlets and petitions , against the king , lords and personall treatie , as he and they print and boast in this epistle and other late papers ) doth in his own and his parties behalf ( who of late so much adored them , as the only earthly deities and saviours of the nation ) now positively assert and prove . first , that commissary generall ireton , colonel harison with other members of the house , and the general councel of officers in the army , did in severall meetings and debates at windsor immediately before their late march to london to purge the house , and after to whitehall , commonly stile themselves the pretended parliament ( even before the kings beheading ) a mock parliament , a mock power , a pretended parliament ; & no parliament at all : and that they were absolutely resolved and determined to pull up this their own parliament by the root , and not so much as to leave a shadow of it ; yea and had done it if we ( say they ) and some of our then friends in the house , had not been the principall instruments to hinder them : we judging it then of two evils the least , to chuse rather to be governed by the shadow of a parliament , till we could get a reall and a true one ( which with the greatest protestations in the world they then promised and engaged with all their might speedily to effect ) then simply , solely and only by the will of sword-men , whom we had already found to be men of no very tender consciences . if then these leading , swaying members of the new pretended purged commons parliament and army , deemed the parliament even before the kings beheading , a mock-parliament , a mock-power , a pretended parliament , yea , no parliament at all ; and absolutely resolved to pull it up by the roots as such , then it necessarily follows , first that they are much more so after the kings death , as by their suppression of the lords house and purging of the commons house to the very dregs , in the opinions and consciences of those now sitting , and all other rationall men . and no wayes enabled by law to impose this or any other new tax or act upon the kingdom , creating new treasons and penalties , secondly , that these grand saints of the army and statesmen of the pretended parliament knowingly sit , vote and act there against their own judgements and consciences , for their own private , pernicious ends . thirdly , that it is a basenesse , cowardize , and degeneracy beyond all expression , for any of their fellow-members now acting , to suffer these gr●n●e●s in their assembly and arms , to sit or vote together with them , or to enjoy any office or command in the army , or to impose any tax upon the people to maintain such officers , members , souldiers , who have thus vilified , affronted their pretended parliamentary authority , and thereby induced others to contemn and question it : and as great a basenesse in others for to pay it upon any terms . secondly he there affirms that d oliver crumwell by the helpe of the a●my at their first rebellion against the parliament , was no sooner put up , but like a perfideous , base , unworthy man , &c. the house of peers were his only white boys , and who but oliver ( who before to me had called them in effect both tyrants and vsurpers ) became their proctor , where ever he came ; yea , and set his son ireton at work for them also ; insomuch that at some meetings , with some of my friends at the lord whartons lodgings , he clapt his hand upon his breast , and to this purpose , professed in the sight of god upon his conscience that the lords had as true a right to their legislative & jurisdictive power over the commons , as he had to his coat upon his back , and he would pocure a freind : viz. master nathaniel feinnes , should argue and plead their just right with any friend i had in england . and not only so , but did he not get the generall and councell of war at windsor ( about the time that the votes of no more addresses were to passe ) to make a declaration to the whole world declaring , the legal right of the lords house & their fixed resolution to maintian & uphold it ? which was sent by the generall to the lords by sir hardresse waller : and to indear himself the more unto the lords ( in whose house without all doubt he intended to have sate himself , he requited me evill for good ; and became my enemy to keep me in prison , out of which i must not stirre , unlesse i would stoop and acknowledge the lords jurisdiction over commoners ; and for that end he sets his agents and instruments at work to get me to do it : yet now they have suppressed them . whence it is most apparent . 1. that the general , liutenant general cromwel , ireton , harrison , and other officers of the army now sitting as members , and over-ruling all the rest , have willingly acted against their own knowledges , declarations , judgments , consciences in suppressing the lords house ; and depriving them of their legislative and jurisdictive right and power , by presuming to make acts , pass sentences , and impose taxes without them , or their assents in parliament . 2. that this tax enforced upon the commons and kingdom , for their own particular advantage , pay and enrichment , is in their own judgment and conscience , both unjust and directly contrary to the laws of the realm , being not assented to by the lords : and therefore to be unanimously and strenuously opposed by all who love their own or countries liberty , or have any nobility , or generosity in them . thirdly , he e there asserts in positive terms in his own behalf , and his confederates ; that the purged parliament now sitting , is but , a pretended parliament , a mock-parliament ; yea , and in plain english , no parliament at all , but the shadow of a parliament . that those company of men at westminster , that gave commission to the high court of justice to try and behead the king , &c. were no more a parliament by law , or representatives of the people , by the rules of justice and reason , then such a company of men are a parliament or representative of the people , that a company of armed theeves choose and set apart to try , judge , condemn , hang , or behead any man that they please , or can prevail over by the power of their swords , to bring before them by force of arms , to have their lives taken away by pretence of justice , grounded upon rules meerly flowing from their wills and swords . that no law in england authoriseth a company of servants to punish and correct their masters , or to give a law unto them , or to throw them at their pleasure out of their power , and set themselves down in it ; which is the armies case with the parliament , especially at thomas pride's late purge , which was an absolute dissolution of the very essence and being of the house of commons : to set up indeed a mock-power , and a mock-parliament ; by purging out all those , that they were any way jealous of , would not vote as they would have them ; and suffering and permitting none to sit but ( for the major part of them ) a company of absolute school-boys , that will , like good boys , say their lessons after them their lords and masters , and vote what they would have them : and so be a skreen betwixt them and the people , with the name of parliament , and the shadow and imperfect image of legall and just authority to pick their pockets for them by assessments and taxations ; and by their arbitrary and tyrannicall courts and committees ( the best of which is now become a perfect star-chamber , high-commission , and councel-board ) make them their perfect slaves and vassals . with much more to this purpose . if then their principall admirers , who confederated with the army , and those now sitting , in all their late proceedings ; and cryed them up most of any , as the parliament and supreme authority of england , before , at and since the late force upon the house , and its violent purgation , doe thus in print professedly disclaim them , for being any reall parliament or house of commons , to make acts or impose taxes upon the people ; the secluded members , presbyterians , royallists , and all others , have much more cause and ground to disavow and oppose their usurped parliamentary authority and illegall taxes acts , as not made by any true english parliament , but a mock-parliament only . fourthly , he therein further averrs : f that the death of the king in law indisputably dissolves this parliament , ipso facto , though it had been all the time before never so intire and unquestionable to that very houre . that no necessity can be pretended for the continuance of it ; the rather , because the men that would have it continue so long , as they please , are those who have created these necessities on purpose , that by the colour thereof they may make themselves great and potent . that the main end wherefore the members of the commons house were chosen and sent thither , was , to hear and conferr with king charles and the house of peers , about the great affairs of the nation , &c. and therefore are but a third part , or third estate of that parliament , to which they were to come and joyn with , and who were legally to make paramount and binding laws for the people of the nation . and therefore having taken away two of the three estates that they were chosen on purpose to joyn with to make laws ; the end both in reason and law of the peoples trust is ceased : for a minor joyned with a major for one and the same end , cannot play lord paramount over the major , and then do what it please ; no more can the minor or a major ; viz. one estate of three , legally or justly destroy two of three , without their own assent , &c. that the house of commons sitting freely within it's limited time , in all its splendor of glory , without the awe of armed men , neither in law , nor in the intention of their choosers were a parliament ; and therefore of themselves alone have no pretence in law to alter the constitution of parliaments , &c. concluding thus : for shame let no man be so audaciously or sottishly void of reason , as to call tho. prides pittifull junto a parliament , especially those that called , avowed , protested and declared again & again those to be none that sate at westminster the 26 , 27. &c. of july 1647. when a few of their members were scared away to the army , by a few hours tumult of a company of a few disorderly apprentices . and being no representative of the people , much less a parliament , what pretence of law , reason , justice or nature can there be for you to alter the constitution of parliaments , and force upon the people the shew of their own wills , lusts and pleasures for lawes and rules of government , made by a pretended , everlasting , nulled parliament , a councel of state , or star chamber and a councel of war , or rather by fairfax , cromwel , and ireton . now if their own late confederates and creatures argue thus in print against their continuing a parliament , jurisdiction , proceedings , taxes , and arbitrary pleasures , should not all others much more doe it , and oppose them to the utmost upon the self-same grounds ? fifthly , he there likewise affirms , g that those now sitting at westminster have perverted the ends of their trusts more then ever strafford did : 1. in not easing the people of , ( but encreasing ) their greivances . 2. in exhausting of their estates to maintain and promote pernitious designs to the peoples destruction . the king did it by a little ship-money and monopolies ; but since they began , they have raised and extorted more mony from the people and nation then half the kings since the conquest ever did ; as particularly : 1. by excise , 2 contributions . 3. sequestrations of lands to an infinite value . 4. fift parts . 5. twenty parts . 6. meal-mony . 7. sale of the plundered goods . 8. lones . 9. benevolences . 10. collections upon their fast days . 11. new impositions or customs upon merchandize . 12. guards maintained upon the charge of private men . 13. fifty subsidies at one time . 14. compositions with delinquents to an infinite value . 15. sale of bishops lands . 16. sale of dean and chapters lands : and now after the wars are done . 17. sale of king , queen , prince , duke , and the rest of the childrens revenues . 18. sale of their rich goods which cost an infinite sum . 19. to conclude all , a taxation of ninety thousand pounds a month : and when they have gathered it pretendingly for the common-wealths use , divide it by thousands and ten thousands a peece amongst themselves , and wipe their mouthes after it , like the impudent harlot , as though they had done no evil ; and then purchase with it publick lands at small or trivial values : o brave trustees ! that have protested before god and the world , again and again in the day of their straits , they would never seek themselves , and yet besides all this divide all the choisest and profitablest places of the kingdom among themselves . therefore when i seriously consider , how many men in the parliament and elsewhere of their associates ( that judge themselves the only saints and godly men upon the earth ) that have considerable ( and some of them vast ) estates of their own inheritance , and yet take five hundred , one , two , three , four , five thousand pounds per annum salaries , and other comings in by their places , and that out of the too much exhausted treasury of the nation , when thousands not onely of the people the of world , as they call them , but also of the precious redeemed lambs of christ , are ready to starve for want of bread . i cannot but wonder with my self , whether they have any conscience at all within them or no ; and what they think of that saying of the spirit of god , that whoso hath this worlds goods , and seeth his brother hath need , and shutteth up his bowels of compassion from him ( which he absolutely doth that any way takes a little of his little from him ) how dwelleth the love of god in him ) 1 john 3.17 . these actions and practises are so far from being like the true and reall children of the most high , that they are the highest oppression , theft and murther in the world , thus to rob the poor in day of their great distress by excise , taxations &c. to maintain their pompe , superfluities and debauchery , when many of those from whom they take it , do perish and starve with want and hunger in the mean time , and be deaf and adamant-hearted to all their tears , cryes , lamentations , mournful howlings , groanes . without all doubt , these pretended , godly religious men , have got a degree beyond those athests or fools , that say in their hearts , there is no god . psal. 14.1 . and 53.1.3 . in quite destroying the peoples essential liberties , laws and freedoms , & in leaving them no law at all ( as mr. peters their grand teacher averred lately to my face we had none ) but their meer will and pleasures ; saving fellons lawes , or martial law , where new butchers are both informers , parties , jury-men and judges , who have had their hands imbrewed in blood for above these seven years together , having served an apprentiship to killing of men for nothing but money , and so are more bloody then butchers that kil sheep and calves for their own livelihood ; who yet by the law of england , are not permitted to be of any jury for life and death : because they are conversant in shedding of blood of beasts , and thereby , through an habit of it may not be so tender of the blood of men , as the law of england , reason , and justice would have them to be . yea , do not these men by their swords , being but servants , give what lawes they please to their masters the pretended law-makers of your house now constituted by as good and legal a power , as he that robs and kills a man upon the hgih-way ? and if this be the verdict of their own complices and partizans concerning them and their proceedings , especially touching their exhausting our estates by taxes , and sharing them among themselves in the times of famine and penury ( as the great officers of the army and treasurers who are members now doe , who both impose what taxes they please , and dispose of them to themselves and their creatures as they please , contrary to the practice of all former ages , and the rules of reason and justice too ) are not all others bound by all bonds of conscience , law , prudence to withstand their impositions and edicts unto death , rather then yeild the least submission to them ? sixthly , he there avers , proves and offers legally to make good , before any indifferent tribunal , that the h grandees and over-ruling members of the house and army are not only , a pack of dissembling , jugling knaves and machevillians , amongst whom in consultation hereafter he would ever scorn to come , for that there was neither faith , truth nor common honesty amongst them : but likewise murtherers ; who had shed mens blood against law , as well as the king , whom they beheaded ; and therefore by the same texts and arguments they used against the king , their blood ought to be shed by man , and they to be surely put to death without any satisfaction taken for their lives , as traytors , enemies , rebels to , and i conspirators against the late king ( whom they absolutely resolved to destroy though they did it by martial law ) parliament kingdome and the peoples majesty and soveraignity ; that the pretended house and army are guilty of all the late crimes in kinde , though under a new name and notion , of which they charge the king in their declaration of the 17. of march 1648. that some of them more legally deserve death , then ever the king did : and considering their many oathes , covenants , promises , declarations , and remonstrances to the contrary ( with the highest promises and pretences of good for the people and their declared liberties that ever were made by men ) the most perjured , pernicious , false , faith and trust-breakers , and tyrants that ever lived in the world : and ought by all rationall and honest men to be the most detested and abhorred of all men that ever breathed , by how much more under the pretence of friendship and brotherly kindness they have done all the mischeife they have done in destroying our lawes and liberties ; there being no treason like judas his treason , who betrayed his lord and master with a kisse , &c. seventhly , he there asserts . k that whosoever stoops to their new change of government and tyranny , and supports it , is as absolute a traytor both by law and reason , as ever was in the world ; if not against the king , prince charles , ( heir apparent to his fathers crown and throne ) yet against the peoples majesty and soveraignty . and if this be true ▪ as it is , that this purg'd parliament is no parliament at all ; then there is neither legal judges nor justices of peace in england . and if so , then all those that are executed at tiburne &c. by their sentence of condemnation are meerly murthered , and the judges and justices that condemned them are liable in time to be hanged ( and that justly ) therefore , for acting without a just and legal commission : either from trve regal or trve parliamentary power : ( except in corporations only where they proceed by ancient charters in the antient legal form ) . and if this be law and l gospel ( as no doubt it is ) then by the same reason , not only all legal proceedings , indictments , judgments , verdicts , writs trials , fines , recoveries , recognisances , and the like before any of our new created judges and justices since the kings be heading in any courts at westminster , or in their circuits , assisses , or quarter sessions , held by new commissions , with all commissions and proceedings of sheriffs , ate not only meerly void , illegal , & coram non judice to all intents , with all bills , decrees , and proceedings in chancery , or the rolls ; and all judges , justices , sheriffs , now acting , and lawyers practising before them in apparent danger of high-treason both against king , kingdom , they neithver taking the oathes of judges , supremacy or allegiance as they ought by law ; but only to be true and faithfull to the new erected state ; but likewise all votes and proceedings before the pretended house or any of their committees , or sub-committees in the country , with all their grants and offices , moneys , salaries , sequestrations , sales of lands or goods compositions &c. meer nullities and illegal acts , and the proceedings of all active commissioners , assessors , collectors , treasurers , &c. and all other officers imployed to leavy and to collect this illegal tax to support that usurped parliamentary authority and army , which have beheaded the late king , dis-inherited his undoubted heire , levyed war against and dissolved the late houses of parliament , subverted the ancient government of this realm , the constitution and liberties of our parliaments , the lawes of the kingdom , with the liberty and property of the people of england , no less then high treason in all these respects as is fully proved by sir edward cook in his 3. institutes , ch. 1.2 . and by mr. st. john in his argument at law at the attainder of the earl of strafford , both published by the late commons house order ; which i desire all who are thus imployed , to consider , especially such commissioners who take upon them to administer a new unlawful ex officio oath to any to survey their neighbours and their own estates in every parish and return the true values thereof to them upon the new prov'd rate for the 3 last months contribution , and to fine those who refuse to do it ( a meer diabolical invention to multiply perjuries to damne mens souls invented by cardinal woolsy , much inveighed against by father latymer in his sermons , condemned by the expresse words of the petition of right providing against such oahes ; and a snare to enthrall the wealthier sort of people by discovering their estates to subject them to what future taxes they think fit ) when as the whole house of commons in no age had any power to administer an oath in any case whatsoever , much less then to conferr any authority on others to give such illegal oathes , and fine those who refuse them , the highest kinde of arbitrary tyranny both over mens consciences , properties , liberties ; to which those who voluntarily submit deserve not only the name of traytors to their country , but to be m boared through the ear , and they and their posterities to be made slaves for ever to these new tax-masters and their successors ; and those who are any ways active in imposing or administring such oathes , and levying illegal taxes by distress or otherwise , may and will undoubtedly smart for it at last ; not only by actions of trespasse , false imprisonment accompt &c. brought against them at the common law , when there wil be no committee of indemnity to protect them from such suits , but likewise by inditements of high treason , to the deserved loss of their estates , lives , and ruin of their families when there will be no parliament of purged commoners , nor army to secure , nor legal plea to acquit them from the guilt and punishment of traytors both to their king and country ; pretended present sordid fears of loss of liberty , estate , or the like being no n excuse in such a case and time , as this , but an higher aggravation of their crime : the o fearful being the first in that dismall list of malefactors who shall have part in the lake which burneth with fire and brimstone , which is the second death ; even by christs own sentence . john 18. vers. 38. to this end was i born , and for this cause came i into the world , that i should bear witnesse unto the truth . finis . objection . if any object , that true it is , the parliament by the common law and custome of the realm determines by the kings death ; but by the statute of 17. caroli : which ena●ts , that this present parliament now assembled shall not be dissolved unlesse it be by act of parliament to be passed for that purpose ; continues this parliament stil in being notwithstanding the kings beheading , since no act of parliament is passed for its dissolution . the only pretext for to support the continuance of the parliament since the kings violent death . to this i answer , that it is a maxime in law ; that every statue ought to be expounded according to the intent of those that made it , and the mischiefs it intended only to prevent , as is resolved in 4. ed. 4.12 . 12. ed. 4.18 . 1. hen. 7.12.13 . plowd . com. f. 369. and cooks 4. instit. p. 329.330 . now the intent of the makers of this act , and the end of enacting it , was not to prevent the dissolution of this parliament by the kings death ( no ways intimated or insinuated in any clause thereof , being a clear unavoidable dissolution of it to all intents not provided for by this law ) but by any writ , or proclamation of the king by his regal power without consent of both houses ; which i shall manifest by these ensuing reasons . first , from the principal occasion of making this act . the king ( as the commons in their * remonstrance of the state of the kingdom . 15. decemb. 1642. complain ) had dissolved all former parliaments during his raign without and against both houses approbation , to their great discontent and the kingdoms prejudice , as his father king james had dissolved others in his reign : and during their continuance adjourned and prorogued them at their pleasure . now the fear and preventing of the like dissolution , prorogation or adjournment of this parliament after the scotish armies disbanding , before the things mentioned in the preamble were effected by the kings absolute power , was the only gronud and occasion of this law ( not any fear or thoughts of its dissolution by the kings untimely death , then not so much as imagined being before the wars or irish rebellion brake forth ) the king very healthy not ancient , and likely then to survive this parliament and many others in both houses judgment , as appears by the bil for triennial parliaments . this undeniable truth is expresly declared by the commons themselves in their foresaid remonstrance : exact collection p. 5.6.14.17 . compared together , where in direct terms they affirme ; the abrupt dissolution of this parliament is prevented by another bil by which it is provided it shall not be dissolved or adjourned without the consent of both h●uses : in the bil for continuance of this present parliament there seems to be some restraint of the royal power in dissolving of parliaments ; not to take it out of the crown , but to suspend the execution of it for this time and occasion only ; which was so necessary for the kings own security and the publick peace , that without it we could not have undertaken any of these great charges , but must have lest both the armies to disorder and confusion , and the whole kingdom to blood and rapine . in which passages we have a clear resolution of the commons themselves , immediately after the passing of this act ; that the scope and intention of it was only to provide against the kings abrupt dissolution of the parliament by the meer royal power in suspending the execution of it for this time and occasion only ; and that for the kings own security , ( not his heirs and successors ) as wel as his peoples peace and safety . therefore not against any dissolutions of it by his natural ( much lesse his violent ) death ; which can no ways be interpreted , an act of his royal power , which they intended hereby , not to take out of the crown , but only to suspend the execution of it for this time and occasion , and that for his security : but a natural impotency , or unnatural disloyalty , which not only suspends the execution of the kings power for a time , but utterly destroys and takes away him and it without hopes of revival for ever . secondly , the very title of this act ( an act to prevent inconveniences which may happen by the untimely adjourning , proroguing or dissolu●ion of this present parliament ) intimates as much , comp●red with the body of it , which provides , as wel against the adjourning and proroguing of both or either houses without an act of parliament , as against the dissolution of the parliament without an act. now the parliament cannot possibly be said to be adjourned or prorogued in any way or sence , much less untimely , by the kings death , ( which never adjourned or prorogued any parliament , ) but only his by proclamation , writ , or royal command , to the houses or their speaker , executed during his life ; as all our journals , ‖ parliament rolls and * law-books resolve , though it may be dissolved by his death , as wel as by his proclamation , writ , or royal command . and therefore this title and act coupling adjourning , proroguing and dissolving this parliament together without consent of both houses , by act of parliament , intended only a dissolution of this parliament by such prerogative wayes and meanes by which parliaments had formerly been untimely adjourned and prorogued as well as dissolved by the kings meer will without their assents ; not of a dissolution of it by the kings death which never adjourned nor prorogued any parliament , nor dissolved any formerly sitting parliament in this kings reign , or his ancestors since the death of king henry the 4th ; the only parliament we read of dissolved by death of the king since the conquest ; and so a mischief not intended nor remedied by act . thirdly , the prologue of the act implies as much ; whereas great sums of money must of necessity be speedily advanced & procured for the relief of his majesties army and people ( not his heirs or successors ) in the northern parts : &c. and for supply of other his majesties present and urgent occasions ( not his heirs or successors future occasions ) which cannot be so timely effected as is requisite , without credit for raising the said monies ; which credit cannot be attained , until such obstacles be first removed as are occasioned by fear , jealovsies and apprehensions of divers of his majesties loyal svbjects that the parliament may be adjovrned , prorogved or dissolved ( not by the kings sodain or untimely death , of which there was then no fear , jealousy or apprehension in any his majesties loyal subjects , but by his royal prerogative and advice of ill councellors ) before justice shall be duly executed upon delinquents ; ( then in being , not sprung up since ) publick grievances ( then complained off ) redressed , a firm peace betwixt the two nations of england and scotland concluded and before sufficient provisions be made for the repayment of the said monyes ( not others since ) so to be raised : all which the commons in this present parliament ass●mbled having duly considered , doe therefore humbly beseech your majesty that it may be declared and enacted &c. all which expressions , related only to his late majesty only , not his heirs and successors ; and the prnicipal scope of this act , to gain present credit to raise moneys to disband the scotish and english armies then lying upon the kingdom ; being many yeers since accomplished , yea and justice being since executed upon strafford , canterbury , and other delinquents then complained of ; the publick greivances then complained of ( as star-chamber , high commission , ship-money , tonnage and poundage , fines for knighthood , bishops votes in parliament with their courts and jurisdictions , and the like redressed by acts soon after passed , and a firm peace between both nations concluded before the wars began ; and this preambles pretentions for this act fully satisfied divers years before the kings beheading ; it must of necessity be granted , that this statute never intended to continue this parliament on foot after the kings decease ; especially after the ends for which it was made were accomplished . and so it must necessarily be dissolved by his death . fourthly , this is most clear by the body of the act it self : and be it declared and enacted by the king our soveragin lord , with the assent of the lords & commonsin this present parliament assembled , & by the authority of the same , that this present parliament now assembled , shall not be dissolved unlesse it be by act of parliament to be passed for that pvrpose ; nor shall any time or times dvring the continvance thereof be prorogved or adjovrned unless it be by act of parliament to be likewise passed for that purpose . and that the house of peers shall not at any time or times during this present parliament be adjourned , unless it be by themselves ; or by their own order . and in like manner that the hovse of commons shall not at any time or times dvring this present parliament be adjourned unless it be by themselves , or by their own order . whence it is undeniable , 1. that this act was only for the prevention of the untimely dissolving , proroguing and adjourning of that present parliament then assembled , and no other . 2. that the king himself was the principal member of his parliament , yea , our soveraign lord , and the sole declarer and enacter of this law , by the lords and commons assent . 3. that neither this act for continuing , nor any other for dissolving , adjourning or proroguing this parliament could be made without , but only by and with the kings royal assent thereto ; which the lords and commons assembled in parliament in their * remonstrance of the 26. of may 1642 : oft in termin●s acknowledge , together with his negative voice to bils . 4. that it was neither the kings intention in passing this act to shut himself out of parliament , or create members of a parliament without a king , as he professed in his {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . c. 5. p. 27. nor the lords nor commons intendment to dismember him from his parliament , or make themselves a parliament without him : as their foresaid remonstrance testifies , and the words of the act import : neither was it the kings , lords or commons meaning by this act to set up a parliament only of commons ( much less of a remnant of a commons house selected by colonel pride and his confederates of the army to serve their turns and vote what they prescribed ) without either king or house of peers , much less to give them any supertranscendent authority to vote down and abolish the king and house of lords , and make them no members of this present or any future parliaments , without their own order or assent , against which so great usurpation and late dangerous unparliamentary encroachments this very act expresly provides in this clause , that the house of peers ( wherein the king sits as soveraign when he pleaseth ) shall not at any time or times during this present parliament be adjourned ( much less then dissolved , excluded or suspended from sitting or voting , which is the greater , and that by their inferiours in all kinds , a fragment of the commons house , who can pretend no coulor of jurisdiction over them , before whom they alwayes stood bare-headed like so many grand-jury-men before the judges and attended at their doores and barr to know their pleasures : ) unlesse it be by themselves , or by their own order . 5. that neither the king , lords nor commons intended to set up a perpetuall parliament , and intayl it upon them , their heirs and successors for ever , by this act , which would cross and repeal the act for trienniall parliaments made at the same time ; and on the same * day in law : but to make provision only against the untimely dissolving of this , till the things mentioned in the preamble were accomplished and setled ; as the preamble , and those oft repeated words , any time or times , during the continuance of this present parliament , conclude ; and that during his majesties reign and life , not after his death ; as these words coupled with , the relief of his majesties army and people ; and for supply of his majesties present and urgent occasions , in the preamble manifest . therefore this act can no wayes continue it a parliament after the kings beheading ; much less after the exclusion both of the king and lords house out of parliament by those now sitting , contrary to the very letter and provision of this act ; by which devise the king alone , had he conquered and cut off , or secluded by his forces the lords and commons house from sitting , might with much more colour have made himself an absolute parliament to impose what taxes and lawes he pleased , without lords or commons on the people by vertue of this act , then those few commons now sitting since his tryall and death doe . 6. the last clause of this act : and that all and every thing or things whatsoever done or to be done ( to wit by the king or his authority ) for the adjournment , proroguing or dissolving of this present parliament , contrary to this present act , shall be vtterly void and of none effect : now death , and a dissolution of this parliament by the kings death , cannot ( as to the king ) be properly stiled , a thing done or to be done ( by him ) for the adjournment , proroguing or dissolving of this parliament , contrary to this present act ; which cannot make the kings death utterly void and of none effect , by restoring him to his life again . therefore the dissolution of the parliament by the kings death , is clearly out of the words and intentions of this act , especially so many years after its enacting . 7. this present parliament and every member thereof , being specially summoned by the kings writ , only to be his parliament and councell , and to conferre with him of the great and urgent affaires concerning him and his kingdom ; and these writs and elections of them , returned unto him and his court by indenture , and the persons summoned and chosen by vertue of them appearing only in his parliament , for no other ends but those expressed in his writs ; it would be both an absurdity and absolute impossibility to assert , that the houses intended by this act to continue this parliament in being after the kings beheading or death : unless they that maintain this paradox be able to inform me and those now sitting , how they can conferr and advise with a dead king of things concerning him and his kingdom ; and that even after they have extirpated monarchy it self , and made it treason to assert or revive it ; and how they can continue still his parliament and councell whose head they have cut off : and that without reviving or raising him from his grave , or enstalling his right heir and successor in his throne to represent his person ; neither of which they dare to doe , for fear of losing their own heads and quarters too , for beheading him . this tax therefore being imposed on the kingdom long after the kings beheading , and the parliaments dissolution by it , must needs be illegall and meerly void in law to all intents ; because not granted nor imposed in , but out of parliament ; by those who were then no commons nor members of a parliament , and had no more authority to impose any tax upon the kingdom , then any other forty or fifty commoners whatsoever out of parliament , who may usurp the like authority by this president to tax the kingdom or any county what they please , and then levy it by an army or force of armes , to the peoples infinite , endless oppression and undoing : this is my first and principall exception against the legality of this tax , which i desire the imposers and levyers of it most seriously to consider ; and that upon these important considerations from their own late declarations . first , themselves in their own declaration of the 9th february , 1648. have protested to the whole kingdom : that they are fully resolved to maintain , and shall and will uphold , preserve , and keep the fundamentall lawes of this nation , for , and concerning the preservation of the lives , properties and liberties of the people , with all things incident thereunto : which how it will stand with this tax imposed by them out of parliament , or their act concerning new treasons ; i desire they would satisfie me and the kingdom , before they levy the one , or proceed upon the other against any of their fellow-subjects , by meer arbitrary armed power against law and right . secondly , themselves in their declaration , expressing the grounds of their late proceedings , and setling the present government in way of a free-state , dated 17. martii , 1648. engage themselves : to procure the well-being of those whom they serve : to renounce oppression , arbitrary power , and all opposition to the peace and freedome of the nation : and to prevent to their power , the reviving of tyrannie , injustice , and all former evils ( the only end and duty of all their labors ) to the satisfaction of all concerned in it . 2. they charge the late king for exceeding all his predecessors in the destruction of those whom he was bound to preserve ; to manifest which they instance in the loanes , unlawfull imprisonments , and other oppressions which produced that excellent law of the petition of right ; which were most of them again acted , presently after the law made against them , which was most palpably broken by him almost in every part of it , very soon after his solemn consent given unto it . 1 his imprisoning and prosecuting members of parliament , for opposing his unlawfull will : and of divers 2 worthy merchants for refusing to pay tonnage and poundage , because not granted by parliament ; yet 3 exacted by him expresly against law ; and punishment of many 4 good patriots , for not submitting to whatsoever be pleased to demand , though never so mvch in breach of the known law . the multitude of projects and monopolies established by him . his designe and charge to bring in 5 germane-horse , to awe us into slavery : and his hopes of compleating all by his grand project of 6 ship-money , to subject every mans estate to whatsoever proportion he pleased to impose upon them . but above all the english army was laboured by the king to be engaged against the english parliament . a thing of that 7 strange impiety and vnnatvralness for the king of england , to sheath their swords in one anothers bowels , that nothing can answer it but his owne being a foraigner : neither could it easily have purchased belief , but by his succeeding visible actions in ful pursuance of the same . as the kings coming in person to the 8 house of commons to seise the five members , whether he was followed with 9 some hundreds of unworthy debauched persons , armed with swords and pistols , and other armes ; and they attending at the doore of the house , ready to execute whatsoever their leader should command them . the oppressions of the councell-table , star-chamber , high-commission , court-martiall , wardships , purveyances , afforestations , and many others of like nature , ( equalled , if not farr exceeded now by sundry arbitrary committees and sub-committees , to name no others , in all manner of oppressions and injustice ) concluding thus : vpon all these and many other unparalleld offences , upon his breach of faith , of oaths and protestations ; upon the cry of the blood of england and ireland : upon the tears of widows and orphans , and childlesse parents , and millions of persons undone by him , let all the world of indifferent men judge , whether the parliament ( you mean your selves only which made this declaration ) had not sufficient cause to bring the king to justice : and much more you if you imitate or exceed him in all or any of these , even by your own verdit ? 3. themselves charge the king with with profuse donations of salaries and pensions to such as were found , or might be made sit instruments and promoters of tyranny : which were supplied not by the legal justifiable revenue of the crown , but by projects and illegal ways of draining the peoples pvrses ; all which mischief and grievance they say wil be prevented in their free state ; though the quite contrary way ; as appears by the late large donation of some thousands to mr. henry martin , the lord lisle , ‖ commissary general ireton and others of their members and instruments , upon pretence of arrears , or service , some of them out the moneys now imposed for the releife of ireland . and must we pay taxes to be thus prodigally expended ? fourthly , they therein promise and engage , that the good old laws and customs of england the badges of our freedom ( the benefit whereof our ancesters enjoyed long before the conquest , and spent much of their blood to have confirmed by the great charter of the liberties ) and other excellent laws which have continued in all former changes , and being duly executed , are the most jvst , free and equal of any other laws in the world ; shall be duly continued and maintained by them ; the liberty , property and peace of the svbject being so fvlly preserved by them , and the common interest of those whom they serve . and if those lawes should be taken away , all jndustry must cease ; all misery blood and confusion would fellow , and greater calamities , if possible , then fel upon us by the late kings misgovernment , would certainly involve all persons , under which they must inevitably perish . 5. they therein expresly promise . p. 26. to order the revenue in such a way , that the publick charges may be defrayed ; the souldiers pay justly and duly setled : that free-quarter may be wholy taken away and the people be eased in their burthens and taxes : and is this now all the ease we feel ; to have all burthens and taxes , thus augmented ; and that against law by pretended acts made out of parliament , against all these good old lawes and statutes , our liberties and properties , which these new tax-masters have so newly and deeply engaged themselves to maintain and preserve without the least diminution ? thirdly , both houses of parliament joyntly , and the house of commons severally in the late parliament , with the approbation of all & consent of most now sitting , did in sundry ‖ remonstrances and declarations published to the kingdom , not only tax the king and his evil counsellors for imposing illegal taxes on the subjects , contrary to the forecited acts ; the maintenance whereof against all future violations and invasions of the peoples liberties and properties they made one principal ground of our late bloody expensive wars ; but likewise professed ; * that they were specially chosen and intrusted by the kingdom in parliament and owned it as their duty to hazzard their own lives and estates for preservation of those laws and liberties , and use their best endeavours that the meanest of the commonalty might enjoy them as their birthrights , as well as the greatest subject . that every honest man ( especially those who have taken the late protestation , and solemn league and covenant since ) is bound to defend the laws and liberties of the kingdom against wil and power ▪ which imposed what payments they thought fit to drain the subjects purses , and supply those necessities ( which their il counsel had brought upon the king and kingdom ) and that they would be ready to live and dye with those worthy and true-hearted patriots of the gentry of this nation and others , who were ready to lay down their lives and fortunes for the maintenance of their laws and liberties : with many such like heroick expressions . which must needs engage me ( a member of that parliament , and patriot of my country ) with all my strength and power to oppose this injurious tax , imposed out of parliament , though with the hazard of my life and fortunes ; wherein all those late members who have joyned in these remonstrances are engaged by them to second me ; under paine of being adjudged unworthy for ever hereafter to sit in any parliament or to be trusted by their counties and those for whom they served . and so much the rather to vindicate the late houses honour and reputation from those predictious and printed aspersions of the beheaded king ; * that the maintenance of the laws , liberties , properties of the people , were but only guilded dissimulations and specious pretences to get power into their own hands , thereby to enable them to destroy and subvert both lawes , liberties , and properties at last . and not any thing like them , to introduce anarchy , democracy , parity , tyranny in the highest degree , and new formes of arbitrary government , and leave neither king nor gentleman : all which the people should too late discover to their costs and that they had obtained nothing by adhering to and compliance with them , but to enslave and undoe themselves , and to be last destroyed . which royal predictions many complaine we finde too truely verified by those who now bear rule , under the name and visour of the parliament of england , since its dissolution by the kings decapitation , and the armies imprisoning and seclusion of the members who above all others are obliged to disprove them by their answers as wel as declarations to the people , who regard not words but reall performances from these new keepers of their liberties ; especially in this first year of englands freedom engraven on all their publick seals , which else will but seal their selfdamnation and proclaim them the archest impostors under heaven . secondly , should i voluntarily submit , &c. errata . page 2. line 17. read , perusers : l. 36. r. argued : p. 3. l. 14. r. by : l. 16. for 4. r. 14. p 4. l. 29 dele . by : l. 36. r consenting : p. 5. l. 17. for 74 r. 49 h. 3 l. 20. r. and p. 6. l. 2. for asportatis religiosorum : the statute of sheriffs , 9. e. 2. and of the templers 17. e. 2. to mention no more : l. 20. dele have : p. 7 , l. 2. r. swear : l. 7. r. 13 e. 3. l. 15. r. sitting : l. 27. r. 8 h 6. p. 8. l. 4. r. an. p. 9. l. 9. r. read : l 21. dele as ; p. 10. l. 13. for 27 , r. 32. l. 14. r. banneret ; p. 11. l. 12. r. god : l 37. dele the : p. 12. l , 27 , r. perjutious ; p. 16. l. 2. r. those . notes, typically marginal, from the original text notes for div a56196e-30 a see my humble remonstrance against ship-money . b see 1 e. 6. cap. 7. cook 7. report . 30.31 . dyer 165. 4. e. 4.43.44 . 1 e. 5.1 . brook commission . 19.21 . c cromptons jurisdiction of courts , fol. 1. cook . 4. instit. p. 9.10 . d 5. ed. 3.6 . part . 2. dors. claus. regist. f. 192.200 . e 4 ed. 4.44 . 1 e. 5.1 . brook commissions . 19.21 . & officer , 25. dyer . 165. cook 7. report . 30.31 . 1 e. 6. c. 7. daltons justice of peace . c. 3. p. 13. lambert p. 71. f 14. r. 2. n. 15. 11. h. 4. n. 30. 13. h. 4. n. 25. g 4 h. 7.18 . b. 7. h. 7.14.16 . 11. h. 7.27 . fortescue c. 18 f. 20. dyer 92. brook parliament . 76.197 . cooks 4. institutes p. 25. h see the freeholders grand inquest , and my plea for the lords . i cooks 4. institues p. 1. k declaration nov. 28. & 30. 1948. l 39. ed. 3.7 . 4. h. 4.10 . brook parlia. 26.40 . cook 4. instit. p. 1.25.26 . 1. jac. ch. 1. m 49. ed. 3.18 , 19. 21. h. 7.4 . brooke customs 6.32 . object . answ. n see my plea for the lords , and levellers levelled . o collect. &c. pag. 599. ●●6 . object . ans. p see a collection p 94 , 95 99 698.700.877 , 878. q matt. paris , p. 517. r ovid . de remed. amo●is . s mag. chart. c. 14. 14. e. 3. c. 6. cook 2. instit. pag. 26.27.169.170 . t matt. paris , p. 516. u a collection , &c. pag. 771. x see cook , 5. report . fol. 91 , 92. semans case . 7 rep. sendels case . lambert f. 179. daltons justice of peace , 224. 24 h. 8. c. 5 y see rastal title purveyers . z an exact collection , p. 7 a see an exact collection : and a collection of publick orders and p. 99.698.700.877.878 . notes for div a56196e-5190 a his petition and appeal and his arrow of defiance . see m. edwards gangrena , 3. pa. page . 154. fol. 204. pag. 11.29 . pag. 34.35 . d pag. 26 , 27 e pag. 34 , 39 , 40.56 , 57. f pag. 52.53.56.57.58.59 . g pag. 53.54.59 41. h pag. 2.15.27 , 29.33.34.35.41.53.57 , 58 , 59 64. ●4 . 75 . i see pag. 31.32 . k p. 57.34 . l luk. 19.14 27. c. 12.13 14. m exod. 21.5.6 . n see 1. h. 4 rot. parl. n. 97. o rev. 21.8 . notes for div a56196e-8490 this objection must be added just before : secondly , should i voluntarily submit , &c. answ. * exact collect. p. 5.6 . ‖ 6. e. 3. parl. 2 rot. parl. 3. 6 5. r. 2. n. 64.65 . 11. r 2. n. 14.16.20 . 8. h 4. n 2.7 . 27. h. 6. n. 12 28. h. 6. n. 8.9.11 . 29. h. 6. n. 10 11. 31 h. 6. n. 22.30.49 . * cook 4. instit. p 25. dyer . f. 203. * exact collect. p. 69.70.736.709.722 . * brook parliament . 80. relation 85. dyer . 85. 1 is not this the armies & their own late and present practise ? 2 alderman chambers the eminentest of them , is yet since this declaration discharged by you for his loyalty and conscience only . 3 and is it not so by you now , and transmitted unto the exchequer to be levyed ? 4 and do not you now the same , yea , some of those very good patriots ? 5 are not the generals and armies horse and foot too , kept up and continued among us for that very purpose , being some of them germans too ? 6 not one quarter so grievous as the present tax imposed by you for the like purpose 7 and is it not more unnaturall in those now sitting , to engage the english army , raised by the parliament of england , and covenanting to defend it from violence against the very parliament of england and its members , and that successively twice after one another , and yet to own and support this army without righting those members ? 8 was not pride's and the armies comming thither to seise , and actually seising above forty , and secluding above two hundred members , with thousands of armed horse and foot , a thousand times a greater offence , especially after so many declarations of the houses against this of the kings ? 9 was not humphrey edwards now sitting , an unduly elected member , one of them thus armed ? ‖ hon. martin is accomptable to the state for above 8700 l. which the committee of accounts in two years time could never bring him to account for , and yet hath 3000. voted him lately for moneys pretended to be disbursted : to whom and for whom query . nota. ‖ exact . collect. p. 5 6.7.14 342.492 * exact collect p. 28.29.214.263.270.491.492.495 496.497.660 . * exact collect . p. 285.286.298.320.322.378.379.381.513.514 , 515. &c. 618.619.620.623.647 . &c. 671.679 . &c. a collect. & c.p. 100.102 . &c. 117. the antidote animadverted, by p. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91138 of text r200269 in the english short title catalog (thomason e301_16). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91138 wing p3890 thomason e301_16 estc r200269 99861075 99861075 113203 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91138) transcribed from: (early english books online ; image set 113203) images scanned from microfilm: (thomason tracts ; 49:e301[16]) the antidote animadverted, by p. prynne, william, 1600-1669. 8 p. s.n., [london : 1645] p. = william prynne. caption title. imprint from wing; foot of page 8, above "finis", reads: printed according to order. a reply to "an antidote against foure dangerous quæries" (wing a3493), which was a reply to prynne's "foure serious questions of grand importance" (wing p3959). annotation on thomason copy: "septemb: 17th 1645". reproduction of the original in the british library. eng chuch of england -discipline -early works to 1800. antidote against foure dangerous quæries -early works to 1800. excommunication -early works to 1800. lord's supper -early works to 1800. a91138 r200269 (thomason e301_16). civilwar no the antidote animadverted,: by p. prynne, william 1645 553 18 0 0 0 0 0 325 f the rate of 325 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2007-06 tcp assigned for keying and markup 2007-06 aptara keyed and coded from proquest page images 2008-03 elspeth healey sampled and proofread 2008-03 elspeth healey text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion strained there is in it much of the letter , plain common reading to be understood see the end of its quoting here , mat. 12. 20. christ cha●ged the great multitude that followed him , that they should not make him known , ( he knew fame made his adversaries malice rise , and so indangered his person to their wrath before the time . ) now for end , a charge from christ to them now , the evangelist brings a text ( esay 42-beginning ) it 's said by esay the prophet ( the mouth of god ) gods servant , chosen , beloved , shall not strive , nor cry , neither shall any man heare his voice in the streets , a bruised reed shall he not break , and smoking flax shal he not quench , until he bring forth judgment to victory . which i thus understand , christ shall not make himselfe known , he sh●ll not strive , neither like a champion with a shout rush on , and overco●…e vide i●…sh . 6. 18. he shall not break a reed already bruised , quench flax already smoking , as a snuf at the extinguishing of a candle , esay 43. 17. untill he shall judge victoriously . vid. esay . 42. 4. rev. 19. 11. 17. object . 8. if the men would fairely frame that part remaining of the question into an objection , it should be thus , h●w ministers shou'd not c●n●est for such a large and unlimited power to exclude poor christian brethren from the sacram●nt , when not actually excommunicated from the church , and from other ordinances , as some pretend to , since of christians receive unworthily , the iniquity ( as your selves bold when any hear the word unworthily , unprofitably ) is their own , not the ministers . and is this most prophane ? as your answerer saith the objection is ▪ but i hold the emperick cals that ( now i minde it ) o●j●ction prophane , which is of his own compounding , which he answers ( briefly ) thus in preaching the word to them who are hardned by it ▪ the minister seeks and hopes to doe good : but in giving the sacrament to sc●ndal●…us impenitent persons they know they give that which will certainly bring iudgement . truly , ( in a word ) the man hath lost the chace , he hath forgot ( or wilfully mistakes changes ) the question . for the querist endevours nor ( as is apparant ) to have scandalous sinners and impenitent receive the sacrament ( he wo●ld have such actually excommunicated from the church , and from all other ordinances besides and as well as this ) but would have christian brethren ( those not excommunicated ) to p●rticipate of this ordin●nce . next the answerer concludes , ( i professe ) like himselfe , as w●nt , he bestows , on his adversary , antagonist , pride ; antechristianisme d●●g●●ous opposition &c. on his arguments , most absurdity , ●●…ationality contrariety to m●nifest truth . and thus exit like the creatures of billings-gate ashore — railing . printed according to order . finis . the good old cause rightly stated, and the false un-cased prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56169 of text r219597 in the english short title catalog (wing p3970). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 28 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56169 wing p3970 estc r219597 99831058 99831058 35520 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56169) transcribed from: (early english books online ; image set 35520) images scanned from microfilm: (early english books, 1641-1700 ; 2038:28) the good old cause rightly stated, and the false un-cased prynne, william, 1600-1669. 6, [2] p. s.n., [london : 1659] by william prynne. caption title. imprint from wing. reproduction of the original in the british library. eng catholics -england -controversial literature -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a56169 r219597 (wing p3970). civilwar no the good old cause rightly stated, and the false un-cased. prynne, william 1659 4810 29 0 0 0 0 0 60 d the rate of 60 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2002-04 tcp assigned for keying and markup 2002-05 spi global keyed and coded from proquest page images 2002-06 mona logarbo sampled and proofread 2002-06 mona logarbo text and markup reviewed and edited 2002-07 pfs batch review (qc) and xml conversion the good old cause rightly stated , and the false un-cased . by william prynne esq a bencher of lincolns-inne . when the a wilely gibeonites attempted to circumvent iosuah and the israelites , and draw them into a league with them , against b gods express inhibition , they accomplished their design with this stratageme , c by carrying along with them , old sacks , old rent wine-bottles , old shoes and garments , and old dry mouldy bread and provisions to the israelites camp at gilgal ; which they alleged were all new on the day they came forth from their country , but were all becom old by reason of their very far journy , which they believing , without examination , were insnared by them . this policy hath for many years past been pursued by iesuites and other gibeonites of rome , to circumvent over credulous protestants to enter into a holy league with them to the shipwrack of their faith and souls , by crying up their d new superstitions , relique , errors , for the only old religion , and decrying the antient protestant religion as a late novelty first broached by luther and calvin . whether this be not the present stratageme of some of their instruments , or fraternity , to engage the souldiers to joyn in a new confederacy with them , to bring our old religion , government , parliaments , laws , liberties , to speedy desolation , & irrecoverable destruction , under the disguise of maintaining the good * old cause , is not unworthy their strictest inquisition , & most serious consideration , which will be evidently demonstrated to them by discovering the only true original good old cause , grounds , ends , drawing the houses of parliament to raise and continue the armies under their successive generals ; most clearly , fully , and truly expressed in their own votes , orders , ordinances , declarations year after year , printed at large in two distinct volums for edward husbands 1643. and 1646. by order of the commons assembled in parliament ; which being almost quite forgotten , it will be both seasonable , and necessary to refresh the memories , and awaken the stupid , if not seared consciences of the nation , with a recital of the chiefest of them , to countermine the new plots of all seducing gibeonites . the first original of the unhappy breach between the late king and our long parliament , was (e) his comming personally into the commons house to demand the five members , 4 ianuary 1641. whom the day before he had impeached of high treason , and sent a sergeant at arms to apprehend : this breach of privilege induced the houses to require the power of the militia to be at their disposal , for the safeguard of their persons and privileges : which being denyed by the king , who condescended to it very far , but not in that latitude as demanded ; soon after the king departing from the parliament , and setting on foot the commission of array for his defence against the parliament , and the parliament raising the militia for their safeguard against the king , this first engaged them by degrees into a civil bloody war against each other , ending in their mutual destruction by the very new militia they contested for , as their only security against each other . the sole cause , grounds , ends of the parliaments raysing the militia , and after that an army , are thus fully declared by the lords and commons , in their prepositions for bringing in plate and mony , horse , horse-men , and arms for the defence of the king and both houses of parliament , printed and published by order of the lords and commons , 10 junii 1642. whereas it appears the king ( seduced by wicked counsel ) intends to make war against his parl. and in pursuance thereof , (f) under pretence of raysing a guard for his person , hath actually begun to levy forces both horse and foot , &c. so as the orders of parliament , which is the highest court of iustice in this realm , are not obeyed , and the authority thereof is altogether scorned and vilified , and such persons as stand well-affected to it , and declare themselves sensible of these publike calamities , and of the violations of the privileges of parliament , and common liberty of the subjects , are baffled and injured by several sorts of malignant men who are about the king ; some whereof , under the name of * cavaliers , without having respect to the laws of the land , or any fear either of god , or man , are ready to commit all manner of outrage and violence , which must needs tend to the dissolution of this government , the destroying of our religion , laws , liberty , and property ; all which must be exposed to the malice and violence of such desperate persons as must be employed in so horrid and unnatural an act , as the overthrowing of a parliament by force , which is the support and preservation of them . all which being duly considered by the lords and commons , & how great an obligation lies upon them , in honor , conscience , and duty , according to the high trust reposed in them , to use all possible means in such case , for the timely prevention of so great and irrecoverable evils ; they have thought fit to publish their sense and apprehension of this imminent danger , thereby to excite all well-affected persons to distribute their best assistance , according to their solemn vow and protestation , to the preparations necessary for the opposing and suppressing of the trayterous attempts of those wicked and malignant counsellors who seek to engage the king in so wicked and destructive an enterprise , and to destroy the privileges and being of parliaments . 1. they the said lords and commons do declare , that whosoever shall bring in any proportion of money or plate , or shall underwrite to furnish or maintain any number of horse , horsemen , or arms , for the preservation of the publick peace , and for the defence of the king , and both houses of parliament from force and uiolence , and to uphold the power and privileges of parliament , according to his protestation : it shall be held a good and acceptable service to the common-wealth , and testimony of his good affection to the protestant religion , the laws , liberties and peace of this kingdom , and to the parliament and privileges thereof . and lastly it is declared , that whatsoever is brought in shall not at all be imployed upon any other occasion , than to the purposes aforesaid , which are ; to maintain the protestan● religion , the kings authority , and his person in his royal dignity , the free course of justice , the laws of the land , the peace of the kingdom , and the privileges of parliament , against any force that shall oppose them : and this by direction of both houses of parliament . here you have the good old cause truly , clearly and fully stated by both houses of parliament in every particular branch thereof , when they first ingaged themselves , all the well-affected people of the kingdom , and army in it , as they published to all the world in these their propositions . which how diametrically contrary it is in every branch to the misstaken good old cause , now cried up and prosecuted with an high hand , & to the late practises , proceedings , counsels , papers , designs of those , who were first raised , commissioned by the parliament for its just defence , yet are at last degenerated into the greatest apostates from , and violentest enemies against it ; their own consciences can best resolve , and the blindest eyes most clearly discern , these propositions were seconded with a g declar●tion of the lords and commons to the same effect , printed and published by their order , 5 iulii 164● . in pursuance whereof iuly 12. the commons house pass●d and published these votes : * resolved upon the question , that an army shall be forthwith raised , for the safety of the kings person , the defence of both houses of parliament , and of those who have obeyed their orders and commands , and preserving of the true religion , the laws , liberty and peace of the kingdom : that the earl of essex shall be the general : that in this cause , for the safety of the kings person , defence of both houses of parliament , and of those who have obeyed their orders and commands , and preserving of true religion , the laws , liberty and peace of the kingdom , they will live and die with the earl of essex , whom they have nominated general in this cause . that a petition should be framed , to move his majesty to a good accord with his parliament , to prevent a civil war . which petition and votes were presented to the lords ; who returned answer ; they did concur with the house of commons , in omnibus . after this the lords and commons in their h ordinances of 14 martii 1642. and 3 august 1643. for the speedy raising and levying money for the maintenance of the army raised by the parliament , and sundry other ordinances , whiles the earl of essex was general , did declare ; that the only causes for which they have raised and do continue an army and forces , are the necessary defence of the true protestant religion , of themselves and the parliament from violence and destruction , of this kingdom from forein invasion , and bringing notorious offendors to condign punishment , the preservation of the laws and liberties of this kingdom , and the kings person . and the i earl of essex himself , in his proclamation to prevent plundering , the 24. of april 1643. as he stiles himself , captain general of the army , raised and imployed for the defence of the protestant religion , king , parliament and kingdom ; so he declares , that this army is raised for the defence of the king , parliament , and kingdom , the preservation of gods true religion , and the just rights and liberties of the subjects from violence and oppression . the year next following , when the scotish forces were called and brought in for our assistance to joyn with the english army and forces ; the self same good old cause in every branch thereof was avowed and espoused by them , and no other , as both houses of parliament and the scots themselves declared to all the world in (k) several printed ordinances , declarations , remonstrances , and in the solemn league and covenant , which the officers and souldiers of both armies , as well as members of the parliaments of both kingdoms , and all well-affected persons in england , scotland , and ireland , generally subcribed in a most chearfull , publick , and sacred manner : yea * oliver cromwell himself ( both as a member and lieutenant general ) being the 40th . member who subscribed it . the command of the parliaments forces and army , being afterwards translated from the earl of ess●x to sir thomas fairfax , by an (l) ordinance of the lords and ●ommons in parliament , 15 febr. 1644. for raysing and maintaining the sorces under his command : both houses ordained , that there be forthwith raysed and armed for the d●fence of the king and parliament , the true protestant religion , and the laws and liberties of the kingdom , an army consisting of 6600 horse , 4000 dragooners , and 14400 foot , under the immediate command of sir thomas fairfax knight , who is hereby constituted commander in chief of all the forces raysed by this ordinance , and shall from time to time be subject to such orders and directions as be shall receive from time to time from both houses of parliament , or from the committee of both kingdoms . and it is fu●ther provided by this ordinance , that all commanders and officers that shall be imployed in this army , and to be approved by both houses of parliament , and all the common souldiers of this a●my shall ●ake the national league and covenant of both kingdoms , within 20 dayes after they be listed in the said army ; and that all such who shall refuse the said solemn league and covenant , shall upon such their refusal be displaced , and shall not be admitted into any office or command in the said army , untill they shall have taken the said solemn league and covenant , in such form as is there prescribed , and such their conformity approved of by both houses of parliament . in the (m) ordinance of the lords and commons assembled in parliament , for the speedy raysing and impressing of men for the recruiting the forces under the command of sir thomas fairfax , 27 febr. 1644. they declared , forasmuch as the true protestant religion , the laws and liberties of the subject were in danger to be subverted idolatry , and tyranny , like to be introdu●ed by the force & power of several armies raysed by pretence of the kings authority , &c. be it therefore ordained by the lords and commons assembled in parliament , that the committees of the militia for the city of london , the deputy lieutenants and committees of parliament in every county , city , or place within the realm , shall from time to time , raise , leavy , and imprest such number of soldiers , gunners , and chyrurgions , for the defence of the king , parliament , and kingdom as shall be appointed by both houses of parliament , the committee of both kingdoms , or by sir thomas fairfax . the like recitals of this good old cause , and ends for which this army under him and others was raised , are used in n other ordinances . if this be not sufficient evidence , that sir thomas fai●fax , and the general counsel of the officers and army under him took up arms , and engaged only for this good old cause and ends , and none else , thus declared by both houses of parliament , the very title of their several remonstrances , and declarations penned by themselves , printed by their own order in one collection , london 1647. will resolve the world , themselves , and all other souldiers since incorporated into the a●my past all contradiction , being thus intituled , a declara●ion of the engagements , remonstrances , representations , proposals , desires , and resolutions from his excellency sir tho. fai●fax and the general councel of the army for setling his majesty in his ●ust rights , the parliament in their just privileges , & the subjects in their liberties and freedoms also representations of the grievances of the kingdom , and remedies propounded for removing the present pressures ( by taxes and excises ) : and the resolution of the army , for the establishing of a firm and lasting peace , in church and kingdom . this being the title , sum of all their engagements , remonstrances , representations , proposals , r●solutions , it is superfluous to recite all the particular passages in them tending to these ends : only it will not be unseasonable to remind them of this one passage in their declaration of september 9. 1647. concerning the fundamental authority and government of the kingdom , p. 250. whereas a member of the general councel of this army hath publickly declared and expressed himself , that there is no visible authority in the kingdom but the power & force of the sword , ( the only good old cause now cryed up by some in deeds if not in words ) we therefore the said general counsel , to testifie how far our hearts and minds are from any design of setting up the power of the sword above or against the authority & government of the kingdom , and our readiness to maintain & uphold the said authority , have by a free vote in the said counsel ( 〈◊〉 man contradicting ) judged the said member to be expelled the said councel which we hereby thought fit to publish as a clear manifestation of our dislike and disavowing such principles or practises ( yet now revived , practised . ) this being the right state of the true good old cause & only ends for which all the forces , armies , under the forenamed or any other generals since , were first raised , commissioned , and hitherto maintained , continued , at the peoples vast expence , as both houses of parliament ; the kingdoms , parliaments of england , scotland , the generals , officers , and general councils of the army themselves , have thus from time to time remonstrated in print to all the world , yea ratified by the protestation , o the sacred vow and covenant , the national league and covenant , with other sacred oaths and obligations , obliging them faithfully , constantly , & sincerely to defend , maintain & persevere therein all the dayes of their lives ; and to promote the same to their power against all oppositions , lets & impediments whatsoever according to their power , without suffering themselves directly or indirectly by whatsoever combination , perswasion or terror , to be divided , withdrawn or make defecti●n from the same . which covenants , vows , protestations , they professed they all made in the presence of almighty god , the searcher of all hearts , with a true intention to perform the same . if there be any other cause now or lately espoused by any members of parliament , officers , soldiers , english , scots , irish , of what ever condition , sect , or party , inconsistent with , or repugnant , destructive to this good old cause , or any branch thereof ; it cannot without an apparent contraction , absurdity , & falshood , be stiled ; either a good or old , much lesse , the good old cause , for which the parliament , army , soldiers kingdom , or any others adhering to them first took up arms , and so long engaged in ; but rather a bad , a new unrighteous cause , or gunpowder-plot , originally contrived & secretly fomented by popish emissaries , i●suits , & their seduced disciples : or a good cause only as war is styled good , p bellum quasi belluinum , or minime ponum : and old only in these respects , ( if conscientiously examined by any who shall either promote or engage in it ) because it proceeds orig●nally from the q old serpent , and dragon , the devil , ( a seducer , lyar , murderer from the beginning ; the spirit who r now rules in the children of disobedience , to engage them in this cause : ) because it suits with , and proceeds , issues from the s old man , which is corrupt according to the deceitfull lusts , which they have not yet crucified , nor put off with his deeds , after all their fastings , humiliations , prayers ; because it strongly relisheth of the t old seven of malice and wickedness , which they have not yet purged out , that they might be anew sump , and is carried on with a despitefull and revengefull heart , ( to destroy , whatever they formerly engaged to preserve as the true good old cause ) because of the u old hatred : because they perceive , that this new pretended good cause they had set up and pursued , now decayeth and waxeth x old , and is ready to vanish away ; unless they put all their might , and the strength of the whole army to support it because , it is the y old way which wicked men , ( the old gunpowder traitors ) have formerly trudden ; which were cut down out of time ; whose foundation was overflown with a floud . or finally , because it was first set on foot and promoted , z by certain men crept in unawares ( into the army and nation from jesuitical seminaries & i. leydons ) who were before of old ordained to this condemnatiō ; ungodly men , turning the grace of our god into lasciviousness , and denying the only lord god , and our lord iesus christ at lestwise in their works , ( as iude and paul inform us by an unerring divine spirit ) a being abominable , disobedient ( to all their lawfull superiors and parliaments themselves ) and to every good work reprobate ; yea , b lovers of their own selves , covetous , proud , boasters , blasphemers , disobedient to parents , unthankfull , unholy , without natural affection , truce-breakers , fa●se accusers , incontinent , fierce , despisers of those that are good , traytors , heady , high-minded , lovers of pleasures more than lovers of god : having a form of godliness , but denying the power thereof , who have made these last dayes of ours perillous times , as st. paul of old predicted . if then the false good old cause lately and now cried up and prosecuted , upon serious inquisition of any already engaged , or sollicited to ingage therein , shall upon c st. bernards threefold inquiry , an liceat , an deceat , an expediat ( which every christian ought to make into every action , before he undertake it ) clearly appear to be the old , and the good old cause , only in these respects ; which render it most desperately wicked , ill , and new , ●otally inconsistent with , p●ofessedly repugnant to , subversive of that real good old cause , wherein they first ingag●d ; here truly stated : let all officers , soldiers of the army , and others who have any remainders of conscience , ingenuity , honesty , or indeared affections lest in them to the peace , welfa●e , safety , settlement , fundamental laws , government , parliaments , liberties , weal , prosperity of our endangered , shaken subverted church , state parliaments ; eternally renounce this spurious imposture , and gibeonìtish stratagem inevitably to destroy them all : and remember the genuine , true , good old cause here ●ightly stated , d from whence they have fallen ; and repent , and do their first works lest christ come upon them quickly , and remove both them , their and our candlestick out of its place , except they and we repent . and let all such commanders , officers of the ar●y , and their confederates , who against their commissions , trusts , duties , covenants , declarations , and solemn engagements , first mutinied the army against the houses , & members of parliament , for the defence of whose persons , privileges , & session they were principally raised ; and secluded , secured the members , dissolved both houses , and the parliament it self , one after another : and have since bin kept and thrust out of the parliament house , secured , dissolved themselves by their fellow . officers , and soldiers directly or indirectly , several times ; now seriously consider , how god hath scourged them with their own black rod , and president of disobedience , and taken them in their own snare : that ( e adonibezeck like ) as they have done to others , so god hath required them , & f recompenced unto them the deed they did to us . that g with the same measure they meeted to others , it hath been , and shall be measured to them again . if any of them , or their confederates , have an ear to hear , let them hear this further irreversible decree of the immutable god , and soveraign judge of all the earth rev. 13 10. he that leadeth into captivity , shall go into captivity . he that killeth with the sword shall be killed with the sword . he●e is the patience and faith of the saints . and if any engaged in the new fictitious , against the real true good old cause , believe & tremble not at the consideration thereof , he hath neither the faith nor patience of the saints , though he usurp and engross the name of a saint to himself : & shall find it experimentally verified in conclusion ; as many others have already done , who now like fools repent too late , of what is past their skill and power to redress . finis , notes, typically marginal, from the original text notes for div a56169e-30 a iosh. 9.3 , &c. b exod. 23.31 , 32. c. 34.12 . deut. 7.2 , 3. c peter mouhis nouveaute du papisme oppose à antiquitè de uray christianisme . sed●n 1627. bishop ushers answer to the iesuites challenge . d the author of the protestant religion . london . 1621. kellisons survey of the new religion . doway 1603. * if they mean by this good old cause , their new-commonwealth , it was begotten but in march , 1648. had presently unknown guardians and governors set over it till 1653 then a new protector , under whose wardship it still continues as an infant , but of ten years birth , and if he be removed , it must be in ward to the army officers till its full age . how then can they call it old , or the good old man or cause , without a contradiction and absurdity ? (e) exact collect . p. 34 , 35 , 36 , &c. 59 , 60 , 61 , 66 , 67 , &c. (f) exact collection ; p. 339 , 340 , 342. * the true description of a cavalier : which some who most condemned them , have now actually drawn upon themselves in overthrowing the parliament by force . g exact collection , p. 456 , 457. * and by an ordinance of both houses , 14 martii 1642. a collection of ordinances , p. 8. h exact col. p. 932. an appendix , p. 4. i a collect. p. 43 , 44. (k) a collect of ordinances p. 305 , 308 , 313 , 327 , 363 , 371 , 416 , 418 , 420 , &c. 424 , 425 &c. * a collection . p. 426. (l) collection p. 598.606 . (m) a collection p. 623. n a collection , p. 666 , 667 , 668 , 669. nota. o a collection p 203 , 204 , 205 , 425 , 426 , 427. p cicero , calepine , holioke , tit. bellum . q rev. 12.9 . c. 20. 2. iohn 8.44 . r eph 2 1 , 2 , 3. s ephes. 4.22.22 . rom. 6.6 . col. 3.9 . t 1 cor. 5.7 , 8. u ezek. 25.15 . x heb. 8 , 13. y iob 22.15 , 16. z iude 4. a titus 1.16 . b 2 tim. 4.1 , 2 , 3 , 4 , 5 , 6. c de consideratione , lib. 1. d rev. 2.5 . e judges 1.6.7 . f ps. 137.8 . g luke 6.38 . the title of kings proved to be jure devino and also that our royall soveraign, king charles the ii, is the right and lawful heir to the crown of england, and that the life of his father, charles the first, was taken away unjustly, contrary to the common law, statute law, and all other lawes of england ; wherein is laid down several proofs both of scripture and law, clearly and plainly discovering that there can be no full and free parliament without a king and house of lords / by w.p., esq. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a70874 of text r5212 in the english short title catalog (wing p4106a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 11 kb of xml-encoded text transcribed from 4 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a70874 wing p4106a estc r5212 12376835 ocm 12376835 60647 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a70874) transcribed from: (early english books online ; image set 60647) images scanned from microfilm: (early english books, 1641-1700 ; 223:13 or 397:3) the title of kings proved to be jure devino and also that our royall soveraign, king charles the ii, is the right and lawful heir to the crown of england, and that the life of his father, charles the first, was taken away unjustly, contrary to the common law, statute law, and all other lawes of england ; wherein is laid down several proofs both of scripture and law, clearly and plainly discovering that there can be no full and free parliament without a king and house of lords / by w.p., esq. prynne, william, 1600-1669. [2], 5 p. printed for nehemiah price ..., london : 1660. written by william prynne. cf. halkett & laing (2nd ed.). reproduction of original in university of michigan libraries and university of minnesota library. eng charles -ii, -king of england, 1630-1685. divine right of kings -early works to 1800. great britain -history -charles ii, 1660-1685. a70874 r5212 (wing p4106a). civilwar no the title of kings proved to be jvre divino. and also that our royall soveraign, king charles the ii is the right and lawful heir to the cro prynne, william 1660 2055 9 0 0 0 0 0 44 d the rate of 44 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2005-12 tcp assigned for keying and markup 2005-12 aptara keyed and coded from proquest page images 2006-03 mona logarbo sampled and proofread 2006-03 mona logarbo text and markup reviewed and edited 2006-04 pfs batch review (qc) and xml conversion the title of kings proved to be jvre devino . and also that our royall soveraign king charles the ii is the right and lawful heir to the crown of england . and that the life of his father charles the first was taken away unjustly , contrary to the common law , statute law , and all other lawes of england . wherein is laid down several proofs both of scripture and law , clearly and plainly discovering , that there can be no full and free parliament without a king and house of lords . by w. p. esq london , printed for nehemiah price , and are to be sold at the royall exchange in cornhill . 1660. the title of king charles proved by lavv . 1. pet. 2. 17. fear god , honour the king . kings are jure divino , by divine right to be obeyed , and not by violent force of subjects to be resisted , although they act wickedly , prov. 8. 15. by me kings reign , dan. 2. 21. he removeth kings and setteth up kings , prov. 16. 10. a divine sentence is in the lips of the king . prov. 21. 1. the kings heart is in the hand of the lord . job 34. 18. is it fit to say to a king thou art wicked , and to princes , ye are ungodly , prov. 24. 21. fear thou the lord and the king , and meddle not with them that are given to change . eccl. 8. 2. i ●oun●el thee to keep the kings commandement , exod. 22. 28. thou shalt not speak evil of thy prince , nor detract the magistrate . 2. pet. 2. 1● . fear god , honour the king . eccles. 10. 20. curse not the king , no not in thy thought , 1 sam. 24. 6. the lord forbid that i should ●o this thing unto my master the lords anointed , to stretch forth my hand against him , seeing he is the lords anointed . from which premisses none unless those who deny the scripture , can deny these consequences , that the jura , regalia of kings , are holden of heaven , and cannot for any cause escheat to their subjects : that active obedience is to be yielded to the king as supream , in omnibus licitis , in all things lawfull . but if god for the punishment of a nation , should set up a tyrannical king , secundum voluntatem pravam non rationem rectam regentem , governing by his depraved will against reason , and commanding things contrary to the word of god , we must not by force of arms rebel against him ; but rather then so ( if not prevailing by petition unto him , or escaping by flight from him patiently subject to the lost of out lives and estates , and in that case , arma nostra sunt preces nostrae , nec possimus , nec decemus aliter resister , our prayers and tears should fight , and not our swords : for who can lift up his hand against the lord anointed , and be guiltless ? this in scripture we find practiced , by gods people to pharaoh , exod. 5. 1. and the same people to nebuchad-nezzar , a tyrant , were commanded to perform obedience , and to pray for him , though there was no wickedness almost which he was not guilty of , his successor darius , daniel obeyed , and said o king live for ever , dan. 6. 21. for now no private person hath with ehud , judg. 3. 31. extraordinary commandment from god to kill princes , nor no personal warrant from god , as all such persons had who attempted any thing against the life even of tyrants , nil sine prudenti fecit ratione vetustas . 2. the king hath his title to the crown , and to his kingly office and power , and by way of trust from the people , but by inherent birth-right , immediately from god , nature and the law , 1. reg. ja. 1. li. 7. 12. calvins case . 3. the law of royal goverment , is a law fundamental , 1. pars just . fo. 11. 4. the kings prerogative and the subjects liberty are determined , and bounded by the law : bracton , fo. 134. plowden , fo. 236. 237 , 5. by law no subjects can call their king in question , to answer for his actions , be they good or bad , bracton , fo. 5. 6. if any one hath cause of action against the king ( because there is no writ runeth against him ) his onely remedy is by supplication and petition to the king , that ye would vouchsafe to correct and amend thatwhich he hath done , which if he refuse to do , onely god is to revenge and punish him , which is punishment enough , no man ought to presume to dispute the kings actions , much lesse to rebell against him . 6. the king hath no superiour but the almighty god ; all his people are inferriour to him , he inferriour to none but god . 7. the king is caput reipublicae , the head of the common-wealth immediately under god . finch . 81. and therefore carrying gods stamp and mark among men , and being as one may say a god upon earth , as god is a king in heaven , in a similitudinary sort given him . ( bracton , fo. 5. cum fit dei vicarius , evidenter apparet ad similitudinem jesu christi , cujus vicesgeret in terris ) that is to say — 1. divine perfection : 2. infinitness . 3. majesty . 4. soveraignty and power . 5. perpetuity . 6. justice . 7. truth . 8. omniscience . 1. divine perfection in the king no imperfect thing can be thought , no folly , negligence , infamy , stain or corruption of blood can be adjudged in him ; so nullam tempus occurit reg●● . 2. infinitnesse , the king in a manner is every where , and present in all coutts , and therefore it is that he cannot be non-suit , and that all acts of parliament that concern the king are general ; and the court must take notice without pleading them , for he is in all , and all have their part in him . fitz. urb. 21. h. 8. br. tit. non-suit . 68. 3. majesty , the king cannot take nor part from any thing , but by matter of record , and that is in respect of his majesty , unlesse chattle or the like ; because , deminimis non curaet , lex , 5. ed. 4. 7. 4. e. 6. 31. 2 h. 4. 7. 4. soveraignty and power , all the land is holden of the king , no action lyeth against him , for who can command the king , he may compel his subjects to go out of the realm to war , hath absolute power over all ; for by a clause of non obstante , he may dispense with a satute , though the statute say , such dispensation shall be meerly void , 7. e. 4. 17. ● . 1. calvins case . bracton ; rex habet potestatem jurisdictionem super omnes qui in regno suo sunt ea que sunt jurisdictionis , & pa●is ad nullam pertinent nisi ad regiam dignitatem , habet etiam certionem , ut delinquentes paniat & ●●●●●at ; and therefore ought to have the militia . 5. perpetulty , the king hath aperpetual succession , and never dieth ; for in law it is called the demise of the king , and there is no inter-regnum , a gift to the king goeth to his successors , though not named , for he is a corporation of himself , and hath two capacities ; ( to wit ) a natural body , in which he may inherit to any of his ancestors , or purchase lands to him , and the holes of his body , which he shall r●tain , although he be afterwards removed from his royal estate ; and a body politick , in which he may purchase to him and his heirs kings of england , or to him and his successors , yet both bodies make but one individual body . plomden 213. 233. 242. li. 7. 12. 6. justice , the king can do no wrong , therefore cannot be a disseisor , he is all justice , veritas & justitia , saith bracton , circasolium ejus , they are the two supporters that do hold up his crown , he is medicus regni , pater patria , sponsus regni qui per annulum is espoused to his realm at his coronation , he is gods lieutenant , and is not able to do an unjust thing . 4. e. 4. 25. potentia injuria est impotentia natura , his ministers may offend , and therefore to be punished if the laws are violated , but not he . 7. truth the king shall never be stopped , judgement finall in a writ of right shall not conclude him . 18. e. 3. 38. 20. e. 3. fitz. droit . 15. 8. omniscience , when the king licenceth expresly to aliente an abbot , &c. which is in mortmain , he needs not make any non abstante of the statutes of mortmain , for it is apparant to be of the law , and therefore shall not be intended misco●●sant of the law , for praesumitur rex habere omnia jura inscrinio pectoris sui . 2. just . 99. and therefore ought to have a negative voice in parliament , for he is the fountain of justice from whence the law sloweth . high treason can be committed against none , but the king , neither is any thing high treason , but what is declared so to be by the statute . 25. ed. 3. c. 21. to leavy war against the king , to compasse or imagine his death , or the death of his queen , or of his eldest son , to counterfeit his mony , or his great seal , to imprison the king untill he agree to certain demands , to leavy war to alter religion , or the law , to remove counsellours by arms , or the king from his counsellours , be they evil or good by arms , to seize the kings forts , ports , magazine of war , to depose the king , or to adhere to any state within or without the kingdom , but the kings majesty , is high treason , for which the offender have judgement . first , to be drawn to the gallows . secondly , there to be hanged by the neck , and cut down alive . thirdly , his intrals to be taken out of his belly , and he being alive to be burnt before him . fourthly , that his head should be cut off . fifthly , that his body should be cut in four parts . sixthly , that his head and his quarters should be put where the king the lord pleaseth . post-script . reader , take notice that in many places of this brief collection of the lawes of england , touching the power of kings , and their just prerogative , by the word parliament is meant the rump , who have unjustly taken to themselves the name of parliament contrary to the known lawes of the land , for there can be no full and free parliament without a king and house of lords . finis . a checke to brittanicus, for his palpable flattery and prevarication, in justifying condemned nat: fiennes. published for the present necessary vindication of his traduced iudges, prosecutors, and of truth and publique iustice, till an exact relation of all the proceedings in that triall bee set forth by the councell of warre, and his antagonists for their further justification, and satisfaction of the world, so miserably abused with mis-reports of that action, for which he was condemned. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91161 of text r212495 in the english short title catalog (thomason e253_1). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 20 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91161 wing p3926 thomason e253_1 estc r212495 99871104 99871104 159144 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91161) transcribed from: (early english books online ; image set 159144) images scanned from microfilm: (thomason tracts ; 43:e253[1]) a checke to brittanicus, for his palpable flattery and prevarication, in justifying condemned nat: fiennes. published for the present necessary vindication of his traduced iudges, prosecutors, and of truth and publique iustice, till an exact relation of all the proceedings in that triall bee set forth by the councell of warre, and his antagonists for their further justification, and satisfaction of the world, so miserably abused with mis-reports of that action, for which he was condemned. prynne, william, 1600-1669. 8 p. printed by iohn dawson for george hutton, london, : 1644. attributed to william prynne by wing. brittannicus = the writer of the "mercurius britannicus" (thomason catalogue), i.e. joseph hall. annotation on thomason copy: "supposed to be mr prins"; "feb: 14th 1643"; the final 4 in imprint date crossed out. reproduction of the original in the british library. eng fiennes, nathaniel, 1607 or 8-1669 -early works to 1800. hall, joseph, 1574-1656 -early works to 1800. a91161 r212495 (thomason e253_1). civilwar no a checke to brittanicus,: for his palpable flattery and prevarication, in justifying condemned nat: fiennes. published for the present nece prynne, william 1644 3337 6 0 0 0 0 0 18 c the rate of 18 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-06 tcp assigned for keying and markup 2007-06 aptara keyed and coded from proquest page images 2007-10 emma (leeson) huber sampled and proofread 2007-10 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a checke to brittanicus , for his palpable flattery and prevarication , in justifying condemned nat : fiennes . published for the present necessary vindication of his traduced iudges , prosecutors , and of truth and publique iustice , till an exact relation of all the proceedings in that triall bee set forth by the councell of warre , and his antagonists for their further justification , and satisfaction of the world , so miserably abused with mis-reports of that action , for which he was condemned . ier. 9. 3. and they bend their tongues like their bow for lies , but they are not valiant for the truth , upon the earth ; for they proceed from evill , to evill . isaiah 28. 15. 16. 17. because ye have said , we have made a covenant with death , and with hell are we at agreement , when the overflowing scourge shall passe through it shall not come unto us , for we have made lies our refuge , and under falshood have we hid our selves ; therefore thus saith the lord , judgement also will i lay to the line , and righteousnes to the plummet : and the haile shall sweep away the refuge of lies , and the waters shall overflow the hiding place ; and your covenant with death shall be disanulled , and your agreement with hell shall not stand . london , printed by iohn dawson for george hutton , 1644. a checke to brittannicus , for his palpable flattery , and prevarication in justifying condemned nath. fiennes . wee are informed that brittannicus during his last weekes silence , hath beene visiting nath : fiennes late governour of bristoll since his condemnation , at the lord cottingtons country house ; who now not daring to shew his head in london for feare of losing it , and despairing of his owne credit , after so many false relations wherewith he hath deluded the world ; instead of giving in an account of his receits at bristoll , and craving pardon of the parliament and kingdome in a penitent recantation , and acknowledgement of his former grand disservices to the state , hath bribed brittannicus , to trumpet forth his unknowne eminent deserts , and publicke vertues to the people ; to acquit him from the least imputation of treachery or cowardize , in his ignoble surrender of the famous strong city and castle of bristoll , in lesse then three dayes seige , to the enemy , upon very dishonourable conditions , without the least necessitie , ( there being not one out-fort taken , nor one shot made against the city or castle walls ) upon the entry onely of 150. enemies within the line , who might have been easily cut off ; notwithstanding his many promises , to dispute every inch of ground , to hold out the city , and the castle to the utmost , and when he could no longer keepe it , then to lay his bones therin . for which most unsouldierly & unworthy action , ( carrying cowardize and treachery in its very front , were there no other evidences , as there were store produced at the hearing ; ) he had this insuing judgement pronounced against him , by that very councell of warre to which himselfe appealed from the parliament , after nine dayes full defence , and seven dayes deliberation ; which will sufficiently proclaim his guilt , and justifie his judges . 29. decemb. 1643. collonel nath : fiennes , you have beene arraigned and convicted before this honourable councell , for surrendring the towne and castle of bristoll , with the forts , magazine , armes , ammanition , victualls , and other things therto belonging , and for not having held the same to the utmost extremity , according as to your duty you ought to have done . for which offence , this honourable councell hath adjudged you to bee executed according to the tenor of the article of warre , by having your head cut off . god have mercy on your soule . yet brittannicus ( the professed advocate of this champion ) to the unsufferable slander of his excellency and that honourable councel ( which shewed him more favour , then ever any malefactor of that nature received , though hee hath most ungratefully requited them , in appealing from their sentence , and raising many ignominious reports against their justice ) hath now proclaimed it in print ( i know not upon what occasion , it being no wayes pertinent to his weekly intelligence ; ) that neither the sentence of death , nor his pardon doe in the least impeach him , either of treachery or cowardize ; and therevpon stiles his pretended pardon , ( of which the parliament which must grant it , is wholy ignorant ) a noble act of his excellencies iustice . ( oh strange iusticiary ! whose very treason , ex condigno , demerits pardon , ) not of his indulgent mercy . pitty is it , but that hee should receive justice in the highest degree , who esteemes his undemerited free pardon a meere act of right , not favour . were not nath : fiennes now growne past grace , as well as shame , ( as his strange prevarications , and underhand proceedings in this businesse apparantly discover , ) hee durst not presume so impudently to justifie this his dishonourable action in print , even after judgement passed against him , in such a braving manner , as makes some of his best friends conjecture , hee hath already lost the best part of his head ( his braines ) since his iudgment ; and must even in point of justice lose the residue of it , unlesse he will so farre under-value not onely his well-deserving prosecutors , and the councel of war , whom he causelesly asperseth , but even the high court of parliament , and his excellency , as frantickly to opine , they will all now voluntarily hazard their owne honours , iustice , and the whole kingdomes safety , ( inconsistent with his over-daring practises ) to keepe his unworthy head upon his shoulders , and uphold his sunke reputation , to doe the republike more ill offices . mercy it selfe will not , cannot save an impenitent , obdurate , capitall delinquent , who will neither confesse , nor recant his offences , but still justifie them to the world in despight of iustice . but brittannicus , out of his foolish pitty , pleads thus for him . that it is pitty we should bury the eminent deserts , and publike vertues of that gentleman , ( in surrendring bristoll to the losse of the west , the hazard of the kingdom , and seeking to f●ment , if not raise differences between his excellency , and sir william waller , on whom he would translate this dammage ) in the sepulcher of an vnfortunate action : i am sorry to see his advocate , put to so poore a shift , as thus to transforme him into a roman catholike , and make him plead eminent merits , yet undiscerned ; and publike vertues ( not hitherto visible , ) to save h●s head-pe●ce : it s ill pleading iustification by such workes , as have already condemned their author , in a court of justice . his ensuing shift is yet more miserable ; that wee should put a difference in offences , and sooner pitty then prosecute the faylings of the best , and not make our sufferings the onely argument of his . for is it not a farre grander and more capitall crime actually to surrender such a place as bristoll to the enemy , without necessity , to the kingdomes incomparable prejudice , then onely to practise its surrender without successe , before it was either fortified or stored ? with what justice then can fiennes ( not yet proved the best who put col : essex from the government of that place , upon a groundles pretence he would not keep it , & actually executed yeomans & butcher only for plotting bristols surrender before it was fortified , or ammunitioned , though their project proved successeles ) expect a pardon , when as himself actually surrendred it , withall the arms , ammunition , magazines , cannons , colors in it , before any extremity enforced him , or the enemy had so much as battered the city or castle walls ? if they by his own sentence ( though penitent ) endured the halter , i am certaine he still stouting it , much more deserues the axe : and for the latter part of his apology it is so irrationall , that every man who hath but common sence or honesty will conclude ; that he who hath caused many thousand innocents , & the whole kingdom to suffer in the losse of such a place of consequence as bristoll , deserves not to go scot-free , but to suffer more then the governor of beeston castle , and others put to death for losing places of lesse importance . if he conceit , the noblenes of his blood may apologize for his impunity ; though he hath forfeited it in this ignoble action : all understanding men will conclude , that as it aggravates his guilt , and heightens his offence ; so it pleads most effectually for his execution : since an exemplary president of justice upon an eminent offender of noble extraction , will strike more terror into , and doe more good upon other governors , then twenty lawes , or a thousand executions of inferiour persons , for sleighter offences ; and seeing he hath given the parliament and kingdome incomparably the most fatall blow , and the enemy the richest booty they ever yet received , in the losse of bristoll ; there is little reason or justice , that hee should escape after such a publique triall , and judgement of his owne seeking ; the best service he can now doe for the common wealth , being this ▪ to become a spectacle and monument of publike iustice to posterity in a military way , as strafford was in a politick . wee read in meteranus , grimston , thuanus , and other historians a memorable history of justice in this kind upon a yong nobleman of as good or better descent then himselfe , van hemert a dutchman , who was condemned and lost his head with two of his captains in the yeare 1587. by the earle of leicester and queen elizabeths direction , notwithstanding the nobility and greatnes of his family , the powerfull mediation of his friends , and the confession of his errors , with promise to expiate it by serving the queen by land or sea at his own charges , onely for surrendring the town of graue , ( of far lesse consequence and strength then bristol ) to the potent enemy , after full 3. months ( not 3. daies ) siege , and that upon honourable termes punctually observed , ( the souldiers marching out with their arms and baggage , and the citizens with their goods ) and that when the walls of it with many batteries of the canon were levelled to the ground , and the town threatned with a present generall assault , which made most of the souldiers and inhabitants to importune him upon their knees with teares , to parly with the enemy , and to yeeld the towne upon good conditions . this sentence and execution was thought over-severe by some , but the earle of leicester , and the wisest men deemed it necessary to reforme the ancient neglects of military discipline then much decayed ; and to preserve other forts from over-sudden surrenders before utmost extremity : and the wisest statesmen , souldiers have affirmed , that the losse of this great mans head was more advantagious to the states in regard of the president , then the saving of his , or a thousand mens lives of his ranke , in such a case could be . the story needs no application : he who will not adventure his life , to defend his charge , and a place of such importance as bristoll for the kingdomes safety , and keeping out of the irish rebels , now actually possessed of it , deserves at least to lose his head for such a cowardize , and cannot doe the kingdome greater service , nor justice more right , then to suffer for it , and become a president for the benefit of posterity , especially when he growes so obstinatly perverse as neither to acknowledge nor lament his error . certaine considerable queres of publike concernment touching colonell fiennes . vvhether colonell fiennes being actually attainted and condemned of high treason against the kingdome , by a reference from the parliament , can or may be permitted in law or equitie to goe at liberty , or to continue a member of the commons house ? whether the house ex officio mero , ought not in honour and iustice to expell him , as well as other lesse-capitall delinquents ? to enquire diligently where he now hides his forfeited head , and to exact the forfeiture of it , to prevent future cowardize and treachery in others ? whether in case the losse of his head-peice be remitted ▪ which cannot possibly be imagined without a publike confession , and penitent submission , of which there is not as yet the smallest shadow appearing , ) his whol reall and personall estate ought not at least to be confiscated , towards the reparation of those inestimable dammages and losses , the whole kingdome , and private persons have sustained through his cowardly surrender of bristol ? whether the honourable councell of warre , openly traduced by him and his , for their just sentence against him after nine dayes full hearing , by order from the parliament , ought not to demaund and receive such publike satisfaction for this high affront ; and his un-voluntary prosecutors , engaged by himselfe , such reparation for the slanders raised of them , as may deterre others from such bold daring attempts against iustice ? whether he and his , have not beene the principall authors , and fomentors of the late unhappy ( but now composed ) differences betweene his excellencie and sir william waller , and their officers ? seeing his manifold malicious aspersions cast upon sir william , with his impudent loud-lying averrement to the councell at the triall , that the prosecution of this bristoll busines against him ( proceeding onely from his owne braving motions in parliament , and publique summons posted up at westminster , upon hopes to make his prosecutors cry peccavi , or else to come off with honour by the potency of his friends , not honesty of his cause ) came by the instigation and confederacy of sir william waller and his lady , who set it on meerely for the great affection , which he and his family did beare , and the good services they had done to my lord generall , his officers and army : ( a most parasiticall seditious calumny ) doe more then intimate as much . whether he ought not in justice to be forced to give in a speedy account , of all the vast summes of monies , and plunder received by him and his officers during his governement of bristoll , that so he may not escape count-free though head-free ; and so prove a gainer by his very capitall censure ? whether he and his haue not caused mr. william pryn appointed an auditor for the grand long-deferred accounts of the kingdome by the house of commons , to be raised out of the list of auditors , in the house of peeres , and upon what just grounds of exception ( besides his known integrity and impartiallity for the publique weale , ) for which hee hath gratis done and suffered much without any pay , or recompence for his losses ? ) and whether it be just or meet , that accountants should have a negative or affirmative vote in the election of their auditors ? whether nath : fiennes since his good service in surrendring bristoll , and bestowing it on the king beyond expectation , with all the fortifications , cannons , armes , magazines , colours , wealth , ships , and provisions in it , be not farre better beloved , and befriended at oxford , then sir william waller ? the extravagant testimony of captain temple ( his own kinsman and witnes ) at the triall , with others of that nature , clearely intimating as much ? and whether the sparing of his head will not be farre more pleasing and advantagious to the king , and his malignant cavaleers , then to the kingdome and well affected party ? whether his majesty in all probability had not gained the actuall possession of all the townes , and forts through england , ruined the parliament , yea enslaved us and our posterity for ever in lesse then one months space , had the governours of other beseiged towns ( especially manchester , glocester , hull , plimmouth , lime , namptwich , and warder castle ) made no better or longer resistance of his forces , progresse , or shewed no more valour , resolution , and fidelity , to their country then fiennes did at bristoll , ( more strong and tenable then most , and of greater consequence then all the forenamed townes , ) which he held not 3. whole daies , and most cowardly yeelded up before any one outfort taken , or the towne or castle walls once battered or assaulted ? whether cowardly and avaritious governors or commanders ( who aime at nought but pay ) doe not alwaies prove the greatest traitors of all others , to those who trust them , in times of danger and extremity ? whether such will not rather lose a kingdome , yea and their own● soules , then hazard their lives or estates ? and whether it bee wisedom to imploy any such , or spare them when they grossely betray their trusts , out of a foolish pitty or indulgent partiality ? whether col : fiennes since the wars began , did ever personally for all the pay received by him , performe the least peece of martiall service for the state , except his fortifying and furnishing of bristoll for the enemy ? and whether any credit can be given to his words , or reports , who contrary to his owne knowledge and printed papers , denyed collonell essex or himselfe to be ever governour of bristol , or that ever he had a commission to keepe it , or sought for any commission , though his own witnesses proved , and himself therupon at last confessed , he hath writ , sent letters for , and received an independant commission ? which made him so independant both on the parliament , his excellency , and gods protection , as without their privity , and beyond their expectation to surrender up bristoll to the enemie , when they gave themselves for dead men , and many of them retreated thence , with a resolution never to come on againe . finis a catalogue of such testimonies in all ages as plainly evidence bishops and presbyters to be both one, equall and the same ... with a briefe answer to the objections out of antiquity, that seeme to the contrary. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56148 of text s122412 in the english short title catalog (wing p3922). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 132 kb of xml-encoded text transcribed from 22 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56148 wing p3922 estc s122412 12367377 ocm 12367377 60442 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56148) transcribed from: (early english books online ; image set 60442) images scanned from microfilm: (early english books, 1641-1700 ; 222:17) a catalogue of such testimonies in all ages as plainly evidence bishops and presbyters to be both one, equall and the same ... with a briefe answer to the objections out of antiquity, that seeme to the contrary. prynne, william, 1600-1669. [18], 23 p. s.n.], [london : 1641. attributed to prynne by c.a. briggs; in a marginal note on p. [9], the author refers to his the unbishoping of timothy and titus. place of publication from wing. this seems to be a reissue of the 1637 ed. (stc 4788) with "the epistle to the reader" (p. [3]-[18]) added and the two final digits of the date erased from t.p. and "41" substituted in pen-and-ink. errata: p. [18]. reproduction of original in union theological seminary library, new york. marginal notes. eng church of england -bishops -temporal power. bishops -england. a56148 s122412 (wing p3922). civilwar no a catalogue of such testimonies in all ages as plainly evidence bishops and presbyters to be both one, equall and the same in jurisdiction, prynne, william 1641 24828 1839 0 0 0 0 0 741 f the rate of 741 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2002-03 tcp assigned for keying and markup 2002-04 spi global keyed and coded from proquest page images 2002-05 tcp staff (michigan) sampled and proofread 2002-05 olivia bottum text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion a catalogve of svch testimonies in all ages as plainly evidence bishops and presbyters to be both one , equall and the same in iurisdiction , office , dignity , order , and degree , by divine law and institution , and their disparity to be a meere humane ordinance long after the apostles times ; and that the name of a bishop is onely a title of ministration , not dominion , of labour not of honour , of humility , not of prelacy , of painfullnesse not of lordlinesse , with a briefe answer to the objections out of antiquity , that seeme to the contrary . printed in the yeere . 1641. the epistle to the reader . christian reader , there is nothing more fr●quent in the mouthes of our lording prelates and their flatterers , then to vaunt , that their hierarchie and episcopall s●periority over other ministers is by divine right and institution ; and that all antiquity from christs till calvins dayes , and all learned men , except a despicable small number of factious puritans ( as they term them ) suffragate to this conclusion . this was the more then thrasonicall b●ast of dr. la●d , arch-prelate of canterbury , and some others , not onely at the censure of dr. layton in the star-chamber , and dr. bastwicke in the high-commission some few yeares past ; but likewise at the late censure of dr. bastwicke , mr. burton , and mr. prynne in the star-chamber , iune 14. 1637. where , in his learned speech ( since printed by speciall command , through his own underhand procurement ) he thus magisterially determines , pag. 6 , 7. this i will say ( he might have done well to have proved it first , but that his ipse dixit only is now an o●acle ) and abide by it , that the calling of bishops ( to wit archbishops and d●ocaesans , superiour to , and distinct from pres●yters , else his speech is not onely idle but impertinent ) is iure divino : though not all adjuncts to their callings : ( he should have done well to have specifie● what adjuncts in particular● ) and i say further , that from the apostles times in all ages , in all places the church of christ was governed by bishops ( to wit diocaesan bishops like to our prelates now , which he will prove at graecas calendas . ) and lay-elders never heard of , till calvins new-fangled devise at geneva . to disprove which fabulous assertion , i have not only particularly encountred it , in the unbishoping of timothy and titus , to which no answere yet hath been returned by this over-confident boaster , or his champions , though specially challenged to answer it ) but likewise by way ef supplement to that trea●ise , drawn up this ensuing catalogue ( which i challenge his arch-grace , with his brother prelates , doctors , proctors , parasites to encounter with as many contrary authorities if they can ; ) ● wherby both learned and illiterate may with ease discern , that both by divine institution , the suffrages of fathers , councels , forraigne and domestick writers of all sorts aswell papists as protestants , and the resolution of the church and state of england in convocation and parliament , bishops and presbyters are but one and the sam● in point of office and iurisdiction ; and that the superiority of bishops over other ministers is a meer humane institution long after the apostles dayes , introduced , partly by custome , partly by the bishops owne insensible incroachme●ts upon their fellow brethren ; but principally by the grants , connivances , or indowments of christian princes , destitute of any divine foundation to support it . i confesse , in the * councel of trent , it was much debated among the popish prelates and divines there present ; whether bishops were by divine ordination , superiour to priests ? but the councel being divided in opinion , left the controversie undetermined . those bishops and divines who held the affirmative , produced nothing out of scripture , or solid antiquity to justifie their opinions , worthy answere , but that aerius was deemed an heretick for affirming the contrary ( which i have ●ere disproved : ) ye● * michael of medina who alleageth this of aerius , was so ingenious to conf●sse , that hierome , austin , and some others of the fathers ( as ambrose , sedulius , primasius , chrysostomus , theodoret , oecumenius ) did fall into aërius heresie in this point , it being no wonder that they did so , because the matter was not cleare in all points . this his boldnesse , to say that hierome and austin did savour of haeresie , gave great scandall : but h● insisted the more upon it : the doctors saith the history ) were equally divided into two opinions in this point . and when this * article was propounded in this romish councel ; that the bishops are instituted by christ , and are superiour to priests de iure divino ; the legates with others answered , that the lutherans and heretiques having affirmed , that a bishop and a priest is the sam● thing ( * putting no difference between a bishop & a priest , but by humane constitution ; and affirming , that the superiority of bishops was first by custom , and afterwards by ecclesiasticall constitution , for which they ci●e the augustane confession made by the german churches ; ) it was fit to declare , that a bishop is superiour , but that it was not necessary to say qu● jure , nor by whom a bishop is instituted from whence it appeares clearly ; that halfe or more of these trent fathers , with all the lutherans and protestant churches at that time were cleare of opinion ; that prelates episcopacy is not iure divino : and those who peruse that history and * b●llarmine may at ●irst discerne , that all our prelates arguments and authorities now produced to maintaine their episcopall iurisdiction to be divine , are taken verbatim from these popish fathers of trent who maintain their assertion , and bellarmine de clericis the stoutest champion for their cause . alas ! to what miserable shifts are our prelates driven , when they must thus fly to trent , to bellarmine for ayd to support their tottering thrones ! and yet these will stand them in no stead , all the trent prelates confessing with s. hierom. * that in the first beginnings of christianity , the churches were governed by a kind of aristocracy , by the common councel of the presbytery , and that the monarchicall government and superiority of bishops and archbishops crept in by custome , as the (a) history of the councel of trent relates at large ; where you may read the originall of their courts and iurisdictions , with the steps and meanes of their exorbitant growth and encroachments upon the temporall iurisdiction and prerogative of princes , well worthy the greatest statesmens consideration . besides , dionysius cathusianus , and cardinal contarenus in their commentaries on phil. 1.1 . confesse , that in pauls time , bishops and presbyters were both one , and that either order was conferred on the presbyter . that presbyters are there meant by bishops , whence it is usually said , that in the primitive times bishops were not distinguished from priests . azorisus the iesuite moral . part . 2. l. 3. c. 16. confesseth , that in the apostles times , every where , those who were ordained elders in cities were bishops : cardinal cusanus . de concordia cathol. l. 2. c. 13. writes the same in eff●ct : all bishops ; and perchance also presbyters are of equall power , as to jurisdiction , although not of execution ; which executive exercise is restrained by certaine positive laws ( not divine but canonicall ) whence the cause of these laws ceasing , (b) the laws themselvs determine . and johannes semeca a popish canonist , avers ; that in the first primitive church the office of priests and bishops was the same : but in the second primitive church , ( to wit , some space after the apostles times ) both their names and offices began to be distinguished . the same doctrine , together with the identity and parity of bishops and presbyters is professedly averred , not only by those hereafter cited in the catalogue ; but also by * huldrick bishop of ausburg , about the year of christ 860. in his epistle to pope nicholas , in defence of priests marriage : by john crespin . l'estate de l'eglise : printed 15●2 . fol. 14.97 . by phippe de mornax , tablea● des differens . par . 2. c. 6. p. 67 , 68 , 69. &c. and by mornay lord plessie in his mystery of iniquity in the french edition , p. 7.9 , 10.72.80 . to 87 , 9● . 92.95 . to 123.125.128.152 . to 155.159.160.172.179.197.210 . to 218 . 234.2●4 266 , 267.281.293.304.307.319 , 320 . 366● 389 . 395.397.404.410.412● 418.424 . to 427 . 452● 464.467 , 468.469.503.518.519.520.524 . to 528 533.535.545 , 546 , 547.567.568 , 569.603 . yea , * iohn ma●jor de gestis scotorum : l. 2. c. 3. w●ites , that in ancient times the scots were instructed in the christian faith , by priests and monks , and were then without bishops . and iohn fordon scotichronicon . l. 3. c. 8. before him , records , that before the coming of palladius , the scots had only presbyters or monks to instruct them in the faith and administer the sacraments , following the custome of the primitive church . and * from palladius dayes till the reigne of malcolm the 3d ; the bishops of scotland had no diocesse at all ( and so were no diocesan prelates ) but every bishop whom holinesse had made reverend in that age , exercised his episcopall function without distinction in every place he came . if then bishops and presbyters were all one and the same in the first primitive church , which church , ●ogether with that of scotland , was anciently governed only by presbyters , not by any lordly prela●es , or diocesan bishops ( which dr. william fulke in his answer of a true christian , &c. p. 20.50 . professeth ●o be antichristian , pa●all and no divine institution , ) why the churches of scotland , and england may not now be governed by presbyters only without bishops , aswell as at first , i canno● conceive● their regiment of late having been so tyrannicall , unchristian , antichristian and exorbitant , that they have almost wholly ruined our religion , church , state , and lef● them in a most perplexed , if not desperate condition ; which proves their hierarchy to be rather antichristian and diabolicall , then divine . and how can it be otherwise , if we rightly consider the persons or condition of our hierarchy● and their antichristian attendants ? i remember a merry s●ory in * giraldus cambrensis , and out of him related by mr. camden in his britannia : p. 604. it hapned that a certaine iew travelling towards shrewsbury with the archdeacon of malpas ( in ches-shire ) whose surname was peche , that is , sinne , and a deane named devill ; when he heard by chance the archdeacon telling , that his archdeaconry began at a place called ill-street , and reached as farre as to malpas towards chester ; he considering and understanding withall aswell the arch-deacons surname as the deans , came out with this merry and pleasant conceit ; would it not be a wonder ( quoth he ) and my fortune very good , if ever i get safe againe out of this countrey , where sinne is the arch-deacon , and the devill is the dean ; where the entry into the archdeaconry is illstreet , and the going forth of it malpas ? it was * st. bernards complaint in his age , that iesus christ elected many devils to be bishops , as he chose iudas to be an apostle . since then there be so many archbishops , deanes , and bishops , devills , so many archdeacons sinners , if not sinne ; and the entrance into these offices ( by reason of symony , ambition , and the like ) a meer illstreet , and their going forth of them ( by reason of their wicked lives , and exorbitant actions occ●sioned by their very office ) malpas , it is almost a wonder , and very good fortune , if any ●onest godly minister or professor ever get safe againe out of their courts and diocesse , or escape drowning in their seas . hence is it , that the devoutest men in all ages since prelates became lords paramount to ministers , have either utterly refused to accept of bish●pricks , or resigned them after acceptance ; as i have * elswhere manifested by sundry examples , and shall here fur●her exemplifie by ●ther evidences . (a) ribadenerra a iesuite , records it to the great praise of bernardine of sennes , canonized at rome for a saint ; that out of his humility he refused the 3. bishopricks of sennes , ferrara , and vrban , which severall popes offred to him : and though one pope put a bishops mi●er on his head with his own hands , yet he put it off againe , humbly beseeching him not to impose the charge of any bishoprick upon him , and to change that estate of poverty to which god had called him ; because he should bring more advantage to the church by preaching the word of god , and ayding the soules of many bishopricks , then by being a bishop in one church : the pope hearing his reasons confessed them true , and left him to his own liberty . (b) vincent ferrier another popish saint , is highly magnified , for that ' being urged by the pope to accept the bishopricke of leride , the archbishopricke of valence , and a cardinalship ; it was impossible to move him to accept of any of these charges ; deeming it a greater advantage to free one soule from the chaines of sinne , then to gain all the great preferments of the world . for he perceived that these honourable dignities seemed like so many golden chaines , whereby he should be detained at the court , and deprived of liberty to goe and preach the gospell with poverty , as god had commanded him . so thomas of * aquin , canonised for a saint , is highly applauded for refusing the archbishopricke of naples , with other great dignities offered unto him by the pope . in like sort * raimond of roche●ort , another roman saint , is extolled , for refusing to accept the archbishopricke of arragon , which the pope himselfe conferred upon him , and commanded him to accept within few dayes ; at which news he was very sad , and most humbly and instantly intreated his holinesse , not to lay such a burthen upon him , which he knew not how to beare : and seeing that the pope was resolved to enforce him to accept it , he fell sicke with indignation , a ●ieuere continuing upon him till he died of regret , and so discharged him of this care . * antoninus another ●ate romish saint , being elected archbishop o●florence by pope eugenius the 4th , refused to accept thereof , because being retired out of the tempests of the world , he should therby return into ●hem to the great perill of his salvation . the pope hereupon commanded him by his bull to accept it , threatning else to excommunicate him : whereupon by the advise of his covent and the magistrates of florence , who informed him , that he ought to obey the pope herein , he unwillingly accepted it ; and kneeling down before them , he lift up his eyes and hands to heaven , saying ; o my lord thou knowest full well that it is much against my will to accept this charge ; which i have undertaken for feare to resist thine and thy vicars will : and since thou knowest it , i beseech thee direct me to doe what i ought . then entring into his see , he had only 8. persons in his house ; he had no cupboord , tapistry or hangings of say in his chamber ; no vessels of silver ; no horses nor coaches , riding upo● a mule that was given him ; saying , that the goods of the poore ought not to be spent in nourishing beasts , and providing superfluities . he had the scripture alwayes read at his table : and ever said , they should doe him a speciall favour to thrust him from his archbishopricke , wherein he continued with as great regret as he received it . adde to these , that * linus the first bishop of rome , after paul and peter resigned up his bishoprick te anacle●us ; that pope cyriacus ( as fasciculus temporum , henry of erford , nauclerus , crispin●and others write ) quitted his bishopricke in a short space against the will of the clergy ; whence some have excluded him out of the number of the roman ponti●s ; that (a) pope stephen t●e 6. renounced his episcopacy , and became a monke , repenting of the cruelty shewed by him to his predecessor formosu● : that pope celestine the 5th ( as platina , luitprandius , anasta●ius , and all (b) o●hers in his life accord ) voluntarily renounced the papacy , as a charge exceeding his forces , and hindering his devotion : and this (c) anno 1448. (d) pope felix the 5th , renounced and deser●ed the papacy , which he formerly swa●ed . lo here five popes re●ouncing and resigning their bishopricks . herman a weda archbishop of colen , who deceased an. 1552. desired often to dye a simple christian without any charge or dignity , rather then to die a priest or a bishop : to come nearer hom● , dubritius b●shop of landaffe voluntarily re●ounced his archbishopricke ; so sampson , paulus , leonorius and amon made bishops volens nolens , voluntarily gave over their episcopacies . st. patrick the first archbishop or primate of all ireland , and benignus his third successor in that see , willingly resigned their prelacies , retiring themselves to glastenbury abby : and anno 1366. (d) richard havering , archbishop of dublin , voluntarily renounced his archbishopricke upon this occasion● one night he dreamed that a certaine monster heavier then the whole world stood eminently aloft upon his brest , from the weight whereof he chose rather to be delivered , then alone to have all the goods of the world . when he wakened , he thought thus with himselfe , that this was nothing ●ls but the church of dublin , the fruits whereof he received , but took no paines for the same : ( the case of most prelates now : ) as soon as he could therfore he came to the pope , of whom he was much beloved , and there renounced and gave over the archbishopricke ; for he had fatter and better livings then the archbishopricke came unto . why should not our archbishops and bishops now follow these many vertuous examples , in resigning and abandoning all their bishopricks , for the setting of a sweet peace and blessed harmony in our distracted church and state , which their ambition , pride , tyranny , exorbitances and innovations have almost brought to ruine ? had they but their humility and piety , they would speedily renounce their most pernicious hierarchy , to imbrace a fraternall unity and parity with their fellow-brethren , whom christ hath made their equals , as these and other prelats have done ; and as our present * archbishop of canterbury confesseth that famous nazianzen , rather th●n the peace should be broken , freely resigneth the great patriarchate constantinople , and retired : whose steps he should doe well to follow . but if he or they refuse to do it for our churches peace , and kingdomes safety , let them know that it is no new thing to abolish bishopricks by act of parliam● by which * most bishopricks were first created , and so not jure divino . how many bishopricks have been supprest in ireland and wales in later ages , * mr. camden can at large informe us , almost halfe the ancient bishopricks there , being not now extant . the bishopricke of westminster was no sooner erected almost , but instantly suppressed ; and 7. ed. 6. the * bishopricke of durham by act of parliament was dissolved , and the lands and hereditaments thereof given to the king : but 1. mariae pa●l . 2. c. 3. popery ●lowing in againe , that bishopricke was revived and reerected ; yet not so fi●mly , but that it and all others are still subject , both to a temporall and finall dissolu●ion , when eve● his majesty , or the state in parliament shall thinke meet ; ( as all the prelates and the whole convocation expre●ly acknowledge in their * institution of a christian man dedicated to king henry the 8. and ratified by parliament ) as the abbies , priories and such like nests of anti●hristianisme in this real● , though se●led by la●s and long prescription , were all suppressed by p●blick * acts of parliament in a moment . if any de●m the continuance of our lorly prelates necessary in regard of their presence in parliaments , which some conceive cannot be held without the presence of these ●ord● spirituall . i answer , first , that abbots and priors before the dissolution of mona●teries were spirituall lords in parliament aswell as bishops : since then parliaments both may , have been , and are now held without lord abbots and ●riors , they may by the same reason be held without lo●d bishops . second●● , b●shops sit n●t in parliament of right as they are b●shops ( for as bishops , they are not * prope●ly peers , and shal be tryed in case of treason by a common iury , as scr●ope , fisher , and cranmer were ) bu● as they hold of the king per ( a ) baro●iam , in right of their churches , which few of them at this day doe : therfore their si●ting in parliament is not of right , but of meere grace of the king , who may sommon or not sommon ●hem at ●is pleasure : sinc● they are no lords , nor yet so stiled by the king , in any of their paten●s ; though they so in●itle themselves in some of their (b) late prin●ed books . thirdly , in (c) matters of treason , felony , blood and capitall crimes debated in parliament , the bishops both by common and canon law o●ght not to give their votes , nor yet to be present in the house , but to depart , which no other peeres doe ●ut they : * if then the parliament in these cases of highest na●ure may passe a compleat iudgement without them , their presence is not necessary in it , nor they any needfull members of it . four●hly , bishops in former ages e●en under popish kings , when they had most sway , have been excluded parliaments , much more then may they be so now : (c) gardner and bonner in king edwards dayes ; and all bishops that were married ( as most then were ) in the first parliament in queen maries reigne were excluded the parliament ; and in king edward the 1. his time at the parliament held at s. edmonds bury , anno 1296. all the bishops were put out of the parliament and kings protection , and that parliament held good and made laws without them . and anno 1273. in the 20. yeare of henry the 3. the statute of merton cap. 9. to●ching bastardy , was made by the lords temporall and commons without and against the consent of the bishops . ●h●se two presiden●s are cited by bishop iewell in his apology against * harding ; f. 620. who there affirmes , that a parliament may be held without any bishops ; to which * mr. crompton , and bishop bilson likewise assent : therfore i shall no l●nger debate it , as being pas● all doubt ; concluding this point in bishop bilsons words ( a great champion for episcopa●y ) which are full and notable . * claime you ( bishops ) that interest and prerogative , that without you nothing shal be done in matters of religion , by the laws of god , or by the liberties of this realm . by the laws of the land , have no such priviledge . parliaments have been kept by the king and his barons , the clergie wholly exclvded . and when the bishops were present , their voyces from the conquest to this day were never negative . ●y gods●aw you have nothing to doe with making laws for kingdome● , & common-wealths : o● may teach , you may not command : p●rswasion is your part , compulsion is the princes . i● princes imbrace the truth , you must obey them ; if they pursue truth , you must abide them . by what authority then claime you this dominion over princes ; that their laws for religion shal be voyd , unlesse you consent ? after which he proves at larg● , that the kings of iudah and israel of old , with many godly christian kings and emperours since , have made not only civil , but ●cclesiasticall laws without a council , or any suffrage of bishops : much more then may they hold a parliament without their presence ; as bishop jewel proves at lange . it was a no●able speech and true of ludovicus cardinall arelatensis in the councel of basill ; (q) where he maintained the parity of bishops and presbyters : that rich and lordly bishops feare the power of the prince , and to be spoyled of their temporalities , neither have they free liberty to speak as is required in councels . albeit if they were true bishops and true pastors of soules , they would not doubt to put their lives in venture for their sheep , nor be afraid to sh●d their blood for their mother the church . but at this present ( the more is the pitty ) it is too rare to find a prelate in this world , which doth not prefer his temporalities before his spiritualities , with the love whereof they are so withdrawn , that they study rather to please princes then god ; and confesse god in corners , but princes they will openly confesse . concluding ●hat the poor are more apt to give judgement then the rich , because their riches bringeth feare , and their poverty causeth liberty . for the poore feare not tyranny as rich men do , who being given over to all kind of vanities , idlenesse and sloth , will rather deny christ then lacke their accustomed pleasures ; such are they whom not their flock but their revenues make bishops . have ye not heard how they said , they would consent to the kings will and pleasure ? but the inferiors are they which have had truth , righteousnesse and god himselfe before their eyes , and they are greatly to be commended for shewing themselves such men unto the church of god . if ●hen any desire the continuance of lord bishops in church or parliament , yet it wil be necessary to strip them of their temporalities and lordships , and to confine them to one living with cure , where they may reside and preach like other ministers , because their temporalities will make them temporizers , and to vote amisse ag●nst god and the republike both in parliament and convocation , as this cardinall truly informs us from experience . to close up all in a few words . i shall desire 〈◊〉 ●ordly prelates and others to observe ; that rev. 4.4.10.11 . c. 5 , 6.11 , 12.14 . c. 7.11 , 12 , 13 , 14● 15. c. 11.15 , 19 , 17 , 18. c. 19.4 , 5 , 6. the 24 elders are placed next in rank to the very throne of christ , as being next to him in authority and iurisdiction , no archb●shops or bishops ●●ing there named , much lesse interposed between them . that the angels ( whom our prelates will needs interpret ●o be diocesan bishops in the 2d and 3d of the revelation , though the contents of our last ●ranslated bibles expresly define them , to be the ministers , not bishops , of the 7 churches ) stand round about the elders , and are remoters from christs throne then they●therfore not so honourable . that christ standeth in the midst of the elders ; to signi●ie , that ●hey are subject to no diocesan bishop , but christ alone , and ●hat no lord bishops , but elders only belong to the kingdome and government of christ , who is never said to be in the midst of archbishop● and bishops ( none of his institution ) but of the 24. elder● only : that these elders alone worship and prostrate themselves , give thanks , and resolve doubts upo● all occasions●not bishops : and that when the kingdomes of this world , become the kingdome of o●● lord and his christ , and when the lord god omnipotent is said to raigne , the elders are still said to be about christs throne , and to adore and praise him , there being no mention at all of bishops . therfore our prelates must needs confesse themselves to be but elders only & properly ; or else acknowldge , that elders by divine ●nstitution are superiour to them in dignity● and that archbishops and bishops have no place at all appointed them by christ about his throne , or with●n his church and kingdome , and therfore must needs be antichristian and in●o●erable in our reformed church ; out of which i doubt not ●re long to see them quite ejected , and cast unto the dunghill as most unsavoury salt ; toward which d●sired good worke i presume this little catalogue may con●ribute some assistance ; especially if thou correct these ensuing errors of the printer , ere thou begin to read it , occasioned by the authors absence , and the printers unacquaintednesse with the authors names the●ein recited : which slips of course find easie pardon . errata . pag. 1. c●lum 2. line 19 read papias● p. 2. col . 1. l. 101. and 15. ● . al●xandrinus , l. 25. nazianz●num , l. 30. aerius , col . 2. l. 11. primasius 22. nazianze●● l. 25 , 26. rhabanus maurus . l. 35. o●●umeniu● . l. 43. for 34.1 , 3 , 4. p. 3. col . r. l. 5. ●vo . l. 6. decretalium . l. 2● . pla●ctu . l. 29. ●anormitan . l. 31. thol●sanus . l. 32. gratianum . l. 37. for cla●isio ● . clavasi● col . 2. sit , tit. l. 9. faber . l. 11. senensis . l. 13. annal. l. 22 with , which● l. ●7 . intendent p. 4 col . 1. l. 41. conclusion . p. 5. col . 1. l. 21. ausittes hussit●● 24. sylvius . l. 25 〈…〉 . illiricus , l. 34. monuments . col . 2 l 〈…〉 p. 6. col . 1. l. 2. tabaratrum , tabaritarum . l. 9. pig●tum . l. 10. galata● . l. 14. epis●opo● . l. 18. w●tenberge . l. 20. ●al. l. 21 , 22. p●tricow , madestania , wratis●avia . l. 27. ●ricus . l 41. con●ugio . l. 42. zuinglius . l. 44. imitatem , civitatem . l. 51. musculus . col . 2. l. 14. responsio . l. 28. class. l. 38. casper . l. 34. debe●sis , diversis . l. 40. saraviam . l. 4● . t●egedinu● . l. 49. con●r●v●rs . l. 42. polanus . l. 53. sy●tagma . l. 53. bibl●ander in chronog● . p. 7. col●● l. 1. arinis , aretius . l. 3. lubinu● . l. 2. wedfulne●●s , melsure●us . l. 9. edictum . l. 37. alcuvinus . col . 2 l. 13. pal●ody . l. 14. m●li●m , melu●●i . l. 15. palinodia . l. 36. nug● . l. 38. institutione . p. 8. col . 1. l. 12. england , i●eland . l. 26. chaucer . l. 28. swinderby . l. 39. vi●iarum vitiorum . col . 2. l. 2. stokesly . l. 3● . notingham . p , 9. col . 2. l. ●● . ●ancol●e , lanrelot . l. 24. osyru . l. 49. exposition . col . 2. l. 6. ma●tyr●martyn . l. 10. benb●●ge . l. 20. vol. 2. f. l. 30.12.10 . r. 1610. p. 10. c. 1. l. 47 whecen●al . c. 2. l. 45. coverdale . l. 46. pon●t . l. 47. scory . l. 52. resolve . l. 54. exstinguished , distinguished . p. 11. c. 1. l. 9. the , thu . c. 2. l. 8. t●rasonicall . l. 2● . ●o●her . l. 41. aeriu● . p. 12. c 1. l 1. a , a● . l. 17. ae●ius , make . l. 18. at . l. 3● as , ●● . l. 46. this , the . c 2. l. 4. est ; ●oe witnesse . l. 16. refutation ( in the margin , l 4. v●ritatu . l. 16. armat , anual . ) p. 14. l. 9.10 . evag●●um . l. 16. ●●etus . p. 13. c. 1. l. 38. inconsequences . l. 50. a●gu●●inum l. 54. gersomus . 2. l. 32. as , ●● . p. 14. c. 1. l 20. make . l. 29. but , ●oth . l. 41. tialliano● . l. 46. maguesiano● . l. 47. sc●atu● apost●lorum . l. 49. lymenses , smyrnense● . ● . 2. l. 13. presbytero●um . p. ●5 . c. ●l . 16. for 7 18. l. 1●extravagant l 20 geri● l 23. quod , quoad . l. 28. favour , savour . c. 2. l. 30 largnesse , largesse . p. 16. c. 1. margin l. 12. antiquitates , 16 crantziu● 2● . annal. c. 2 l. 13. adcodatus l. 22. w●fred . l. 25. lanfrankes : l 27. ca●kel , corbel p. 18. r. 1. l. ●9 , aasina , haf●ia . l. 34 see , so . r. 2. l. 48. these . thesa . p. 20. c. 1. l. 33. only by : c. 2. l. 15. resolve : l. 17. vag●● : l. 25.435 p. 22. l. 20. with , which : c. 2. l. 6. expending , expecting : l. 15. blot out ● : l. 38. disguises : ( margin l 1. chy●rae●● ) p. 22. c. 1. l. 47. was shattered . the first sqvadron . these tes●imonies i shall marshal into 5 distinct squadron● , for o●der sake . the first sq●●●●on consists of divine authorities ; whereof our lord and saviour christ himselfe ( the (a) chi●fe shep●ea●d and bishop of ou● soules ) is the sup●eame gene●all , whose testimony of this nature we have upon record . matth. 10 . 1● . c. 11 . 1● . c. 1● . ● . 4 . ● . 20 . ●0 . to 29. c. 23.8 . to 13. c. 18.19.20 . ma●k . 9.34.35 . c. 10.35 . to 46. ●●16 . 15 . luke 9 . 46.47.4● . c. 22 . 2●.24.2●.26.2● . io●. 6 . 1● . c. 1● . 36 . c. 20 . 2● 23. ne●t to him we have his apostl● st. pete● : 1 pet. 5.1 , 2 , 3 , 4. together with the apostle st. iohn , 1 iohn 2 . 15.16● 2 iohn 1 3. i●hn 1.9 . the apostle st. iam●s iam. 5.14 . a●t● . 15.3 . to 30. pa●l the apostle . acts. 20 . 1●.2● . phil. 1 , 1●1 . timo. 3.1 . to 6. c. 4.14 . c. 5 . 1● . ●c●r . 1. ●4 . tit. 1.5 . to 14. 1 co● . 1.14 . ●3 . to 34. ●phes . 4 . 11.12.●nd luke the ●●ang●list : act● 1● . 23 . c. 15.2 , to 30. c. 2● . 17.28 . to which all other ●ore alle●ged ●exts in tim●t●y and titus may bee added . the second sqvadron . the second squadron is made up of fathers and councels ranked according to their severall antiquities , ann● christi 1●● . we have ignatius the ma●tyr ( if the epistles be his and ●ightly unde●stood ) ●●istle 5 , 6 , 7 , 8 , 9 , 1● , 11 , 12 , 13.14 . 〈◊〉 apa● lusebiu● eccles. hist. l. 3. c. 33. po●●●●rp the mar●●● , epist. ad ph●lip . bibl. patrum . tom. 1 p ●● . b. anno 102. pope anacle●us , apud 〈◊〉 decre● , pars 5. c. 5● . & laurentium 〈◊〉 concil : tom. 1. p. 165. anno 150. iustin martyr . apologia 2 anno 160. a●ollinarius apud eusebium eccles. hist. l. 5. c. 16. an. 1●0 iren●us contra har●ses . l. 3. ● . ● . l. 4 c. 43.44 . & apud eusobium , eccles. 〈◊〉 . l. 3. c. 23. l. 5. c. 20.26 . anno 2●● . ●●men● al●xandrius : apud eus●bium 〈◊〉 . l. 3. c. 20. t●●●ullian apologia ad●●●s● gen●e● c. 39. anno 220. o●ig●n in mattha●● homily 1 . 13● & 31. in 〈◊〉 hom. ● . anno 240. di●nysius 〈◊〉 . a●ud ●us●●ium ●ccl●s . 〈◊〉 . l. 〈…〉 ambrose in ●phes . 4. tom. 3. p , 239 in 1 tim. 3 , p , 272 , adrius apud 〈◊〉 ●ontra 〈◊〉 l. 3. 〈◊〉 . ●● , p , 7●● . 7●● . pope damasus . the 1 ●pis●le apud 〈◊〉 tom. 1 p. 466 , 467 , anno 3●● , sa●di●●nse concil●um can. ● . ● , ibid p , 414 , ●nno ●90 , st. ierome epist. 2 , 83 , and●● , ad ●vagi●um . com , in ●hil . 1 tit. 1 , & 1 tim. 3● epist. 3. ad heliodorum c. 7. c●m in ●zek . l. 10 c , 33 , in soph. c. 2. c●m l. 2 , in epist. ad galatas c , 4 , com. l. 2 , in ep●es , ● , 6 , de 7 , ordinabus ●cclesia , t●m . 9 , p , 58 , 59. anno 400. s● , ch●isostome● hom. 1. in philip . tom● 4. col. 1039 , ●om . 11 , in 1 tim. col. 135 9 . ●om . 2. in tit. 1 , col. 1463 : hom● 35 , in o●ere imperfecto in matth. homil. 11 , in ephes. & de sacerdotio l , ● . anno 410. st. augus●ine epist. 19.38 . ●5 . tom. 2. ● , ●2 , 3●● , 310 , 311 , questiones ex utroque●ixtim , qu●st . 101. d●●aptism● contr donatum tom. 7. pa●s ● p , 471 472 , de civ●●ate dei l. 1● , c , 1● , en●●●●tio in psal. 126 , & adv●rsus har●s●s ; 〈◊〉 53 , a● 430 , t●eodorer interpretatio in phil. 1● 1 , 1 tim. 3. and t●t , 1. ● , tom. 2 , p , 8● , 129 . 1●9 , an 436 , the 4. councell of c●rthage can. 14 , to 26 , an 450 , pope leo the 1. epist docret : 8● . c , 2. pri●as●u● in p●il . 1 , 1. 1 tim. 3. & tit. 1 & apoc. 2 , anno 500 rem●giu● in p●il 1 , 1 , & 1 tim. 3 , an : 550. isidor p●l●siota epist. l , 2 : epist. 125 , l , 3 , ep. 223 an 600 gregory first : pa●●o●alis cu●a lib pa●● 2 , ●6 , epist. l , 7 , epist. 117 , moral●um l , ●4 , c , 29 , 30 , l , 20. c 28 , l. ●● . c 23. & 〈◊〉 1●● in evang●l●a . 4●● 30 , isi●d●●●●palensis o●iginum l , 7 , c 12 , l , ● , ● 5 , & de ecclesiasticis 〈◊〉 l , 2 , c 71 an. 657. the b councell o●●●ispalis 2 can. 6 , 7 , an : 790 , eli●s ●retensis coment : in nazianzen orationes fo●e repeated , an ●16 . the c counsell of a●en under lewes the podly , c ● , 8 10 , 11 , anno 840 rh●ba●us m●uru● de universo l , 45 ● , ●●matth . l , 5 , c. 16 , tom. 5 , p , ●● , ●n ●pist . pa●●● l , 19. in phil. 1 , 1 , l , 23 , in 1 tim. 3 , l , 25 , in tit. 1 , tom. 5 , p , 455 , 456 , 498 , 499 , 521 , 522 , 523 , de institu●●ons clericorur● l , ● , ● , 4 , 5 , 6 , tom : 6 , p. 5 , 6 , haymo halberstatensis , in phil. 1. ● , & tit. 1 , an 560. ( ) the 12 councell of toledo , can : 8 , a●●la●i●s fortunatus d ecclesiastic●● ofsi●●s l , 2 , c , 13 , anno 1050 , pecumen●a in a●●a apost : 5 15 , & 2 , in phil : 1 , 1 tim: 3 , & tit : 1 , fol , 79 , 586 , 655 , 683 , anno 1070 , theophylact. com : in act : 20 , 17● 28 , in phil : 1 , 1 , 1 , tim: 3 , & tit : 1 , p , 517.576 , 600 , 801 , anno 1●00 , conradus bruno , in phil : 1 , 1 , 1 tim: 3 , tit : 1 , anno 1130 , barnard de consideratione ad eugenium l. 2 , 34 , epist. 42 , serm● 23 , 25. & 77. super ●anti●● de laudibu● maria , homil 1 & concio in concilio rhemensi , & ad past●●●s s●r●● . the third sqvadron . the third squ●dron is constituted of forraigne cannonists , and popish schoolemen , w●iters and councels from the yeare of our lord 1100 till this present : as i●o carna●●nsis d● . ●al●lu●● pa. ●5 . c , ●8 , 59.72 , 1●● . 143.144 . peter lombard sententiarum l , 4. distin● . 24. i. k. l , m● & comen●a●i●m phil. 1 , 1 , tit : 1. & 1 , tim: 3 gratian the g●ea● can●onist distinctio 18 , 21 , 22 , 23 , 24 , 25 , 39 , 50 , 60 , 61 , 62 , 63 , 64 , 65 , 6● , 67 , 68 , 80 , 93 , 95 , causa 2 , qu. 7 , causa 24 , qu , 3 , hugo ca●dinalis in phil : ● , 1 , tit : 1 , & 1 : tim: 3 , aquinas secund● secundae , qu : ●4 , ar : 6 ●rg : 1. supplementum in tertiam p●rtem qu : 37 , art 7 durandus in l , 4 , sentent : distinct : 24. qu : 5 , 6 , & rational divinorum l , 2 , iohannis parisiensi● , de potestate regia & pap●li apud mo●●●um de ecclesia c , 11 , & catalogum testium veritatis p , 525 ) carthusi●● ca●etan and the author of the o●dina●y glosse in acts 15 , & c , 20 , 17 , 28 , phil : 1 , 1 , 1 , tim: ● tit , 1 , 5 , 7 , cardinalis arelatensi● apud aeneam sylvium de gestis concilij basiliensis l. 1 , p , 27 , 28 , 29 , alvarus pelagius de plainetu ecclesia ● , 1 , art : 70. l , 2 , art 1 to 17 , panormitam c , 4 , de consuetudine , anselmus lucensis collectanea can : l. ● , c. 87 & 127 : g●egorius tholosamus , polycarp l , 2 , tit : 19 , & 39 , iohn thiery glos●a in g●ationum distinct : 95 , cap olim , with all other glosses and canonists on that text he●●i●us gorichen . in l , 4 , sentent : distinct : 24● astensis summa pars 2 l , 6 , tit : 2 , artic : 2 , angelus de claucisio summa angelica ordo 1 , the e councell of lingon , anno 1404 , & of paris anno 1557 duarenus de sacr : eccle : injust l , 1 , c , 7 , onus eccl●sia c , 14 , to 27 , nicholas cusa●●● de conco●di● catholic● , l. 2 , c. 13. alphonsus a c●st●o advers , 〈◊〉 sit ●piscopus , michael medina de sacro h●m o●ig , et continetia , 〈◊〉 ●spenca●● in 1 tim. c 3 , digressio●●m in tim , ● 1 c : 1 , 2 , 3● and in tit , 1 ● , ● the rhemist ; ●nnot●tion ; on acts 〈◊〉 sect 4 and in tim 4. phil , 1. 1 , ●it . 1 ●● , i●●obus fabor in 1 , tim , ● & , 4 ● & tit 1. sixtus sevensi , bibl 〈◊〉 , l ● , anno 32● , azo●ius m●●●lium : p●r● , 2 l , 3 c , 1●● buoniu● an●u●ll eccles , ●om 1. p , 5●● iacobus de gr●ss●s d●s●●lionum au●●carum par● , 2 l , 1 c 9 : 11 , 5 , ● , 9 , 1● , 14 16 , l , 3 , c. 12 , 11 , 3.4 . pet●●s b●●sseldin , ●uchy●idion , te●●●giae p●storalis p●●s , 1 c , 15. with other pontis●●●ans though sundry else of them are the greatest s●icklers for ●●is●op●ll m●●●●ne of pu●pose to adv●nce the 〈◊〉 suprem●cy with the parity of bishops and p●esbiters iu●● d●●m● , ●sterly subverts and ruine●● i shall close up this squ●dr●n with the ●●e authorities of some semi●●● priests in en●land . as namely of ni●c●●las smi●h , in his modest and b●iefe discussion of certaine assertions which are taught by mr. doctor ●●l●ison in his treatise of the ●cclesiasticall 〈◊〉 . where thus he determines , * i judge is no rashnes to affirm that since england enjoyed a bis●●p● ( to wit a po●●s ●ishop● to confirme the papists , and controll the p●iests , namely rich●●d bis●op of ch●lced●● created the generall ●ishop and superintend●nt , both of england● and scotland , by pope vrbaus speciall bull , dated the 4th . of august , anno 1625. the coppy whereof you shall ●ind printed , in censura proposition●m qua●undam &c. per sacram facultatem theolog●a parisi●nsis factae pa●isiis , 1631 , p , 63 , 64 , 65 : that more damage hath happened to the catholikes in generall by reason of discord , and frequent losse of charity , then they have received benefit , by the sacrament of con●irmation onely conferred on some few . that all holy men have exceedingly e●deavoured to s●un such an high dig●ity . that a bishop is in a state which presupposeth but yet gives not perfection : which the state of religion , not onely presupposeth but giveth . that a vow not to receive a bishopricke is valid and sacred . that ●o desi●e a bishopricke even for that which i● best in it , to wit for the good of soules according to st : thom●s s●cunda s●●u●da , que 185. art , 1 , seemes to be presumpti●n , and there are some who stick not to say ( and that commonly ) it is a mo●tall sinne . that these ●ropositions following are strange , idle , and absurd . that it is d● iure divin● , and that the law of god is , that every particular church ( as england is ) ought to have a bishop . that without a bishop england were not a particular church . that unlesse every particular church hath its bishop or bishops , the whole and vnive●sall church could not be ) as christ hath instituted it ) an hierarchie composed of divers particular churches . that without a bishop we cannot have con●irmation &c. all which principles ( saith hee ) are worse then the concultion it selfe and demonstrated by us ( to ●it in that treatise ) to have no foundation at all . thus this popish priest who proving that the church of england may well subsist without a popish bishop to sway and order it ; grants that it may doe the like without our protes●ant prelates , and that plainly resolves that it is not from any divine law or institution , that the church of england should have any bishop at all to govern it . daniell a iesu another priest , and a reader of divinity thus seconds him , in his apologie for the proceeding of the holy see apostolike , as to the government of the catholickes in england during the time of persecution * that it is most false and of dangerous consequence , that a particular church cannot be without a bishop : that gods law requires no more , but that there be som● bishops in the church to wit so many , that there bee no danger , that the whole order should suddainly be taken away by their deaths and so dispersed through the world , that all christians may bee sufficiently provided of learned and vertuous priests . if this be done the law of god is satisfied although there be no bishops in f●ance , spaine , or , england . give me there●o●e a mul●itude of christians how great soever who want not a bishop to ordaine priests , and i will boldly affirm that there is n● need that the governour of that society should be a bi●●op . yea let us suppose the ordina●ion o● priests and the ministry of the chu●ch , not to be necessary in the church , and presently it followes , that there is no need the universall church should bee governed by bishops who are superior to priests . that in the time of persecution it is neither good , nor convenient , nor any solace or comfort to the church to have a bishop . that tho●e who of bishops are made religious persons may be said in some sort to fly ●igher , and not at all to descend . that if the catholickes of england should yeeld to this motion ( name●y to receive the bishop of chalcedon as their p●oper pastor and bish●p they could by no meanes excuse themselves● from being worthy of that reprehension which the c●rinthians received from saint paul , namely , that they rashly , and indiscreetly , put themselves into subjection that they should bestow their temporall goods , so as they could exspect no reward from god , as exercising humility , obedience , pat●ence , for which no crowne of righteousnesse is prepared : yea that they may by their blind receiving o● him ( though by the popes owne bull and authority ) expose themselves to manifest perill by falling into mortall sinne &c. these positions of theirs were publikely taught and maintained by many other priests both in england , and ireland as appeares by the censure of the faculty of paris , and nicholas i● maistre his instauratio antiqui principatus episcoporum parisijs 1633. written upon this occasion in answer of these treatises and some others . some of which propositions though they were censured as eronious , by the faculty of the divine● of paris . anno 1631. through the power of the bishop of chalcedon , as striking at the popes supremacy and the bishops hierarchie , yet in all that censu●e , i finde not one passage of scripture produced to prove them contrary to the word of god , and therfore that censure of theirs not much to be regard●● . the fovrth sqvadron . the 4th squadron consists of forraigne protestant churches and writers , which i shall muster & ranke in order according to their antiquities as neare as i may . i shal begin with the vvaldenses taborites albigenses & au●●ites , ( whose opinions and resolutions touching these particulars are registred at large , by aeneas sylvias : histor , bohemiae c , 35 , by renaerus contr : waldenses lib , c , 6. by refutatio : waldensuim , bibl. patrū . tom. 13 , p. 383 , by thomas waldenses● operum . tom. 1 , l , 3 , arti , c● 29 , 30 , 31 , 32 , tom , 2. de sacramento ordinis c. 117 , 118 , & tom , ; , c , 60 , 61 , 62 , by alphonsus de castro adversus hereses , tit , episcopus , & de sacramento ordinis , by illiritus catalogus testium veritatis , p , 426 , 433 , 445 , by mr. iohn fox acts and monnments p , 210 , albertus pighius hierarch . eccles. l , 2 , c , 10 , gersomus bucerus de gubernatione ecclesiae p , 599● 600 , 601. marsilius patavimus , ( anno 1320 ) seconds them in his defensoris paris pars 2 , c. 15 , 16 , 17 , 18 , 19 , 20 , and who ann● 1330 ) is backed by michall cezenas , henricus de iota , nicholaus orem , ioannes , de ianduno petrus de corbaria , ioannes de polaco , iohn of castele , ●rancis de archatara , and divers others of tha●age witnesse , extravagant , ioannis 23 antoninus quarta pars , summe , catalogus , testium veritatis p , 512 , 524 , 525 , 529 , fox acts , and monuments , p , 358 , 359 360. with others aetates ecelesiae written about that time , c. 2 registred in catalogo testium veritatis p , 453 , 454● & laurentius valla , the restorer of the elegance of the latine tongue , succeed next in order . annotationes in act. c. 15 , & c , 20 , in 1 tim: 3 , & tit. 1 , ioh● hus , and hierome of prague , two learned godly martyrs , tread in their footsteps witnes aeneas sylvius histor● bohem c , 35 , fox acts and monuments , p 55● , 559 , & gerson bucerus de gubernati●n● ecclesiae p. 602 , 603 , after these successively ensued ioannis lu●atwitz in confessione ●a●oratrum contr. roke●zanum c , 13 , apud lidij walde● . siam p , 53 , erasmus of rot●●rdam , annota● , & pa●●pht . in act 1● , in 1 tim: 3 , & 4 , phil. 1 , tit 1 , 1 , ●et . 5 , scholia in ●pist : ●ieronym : 〈…〉 , & adversus a●●●ert●m 〈◊〉 : martin luther , in ●salm . 2 , ●● , & 134 , in epist. ad gal●●es 〈…〉 1 , art● 15 , the synod of ●e●icon , artic : 6● the synod of modis●a●ia . ar●●c : 8 , 11 , 12 , & g●rs●m buc●r●●d 〈◊〉 : e●●●●siae , p , 370 , 373 , 374 , 4●● , 49● , 500 , 51● , 518.575 , 616 . 61● , 618 , c●ristian the 3 , king of denmarke , anno 1537● and the whole state of denma●●e together with ●gus● 〈◊〉 cricus ●ing of sweden , about the same ●ime who s●ppressed , banished , and hanged , up the lordly bishops , of their re●lms , a● false traitors , and rebels contrary to chists ins●itution , and having no foundation in the word of god . cl●●trae●s cl●r●n : saxon l , 6. p. 49. l● 7 , p , 219 . 2●● . l● 9. p , 259 , 261 , 262 , 263 , 270 , 279 , l , 10 , p , 297 , 309 , 311 , 340 , 341 , 342 , l , 12 , p. 358 , 359 , l , 13 , p , 388 , l , 14 , p , 407 , 421 , l , 15 , p● 433 , 434. philip melan●●hon , a●gam & respons● pezel pa●● 7●com● in 1 cor : 4 , et dis●utatio d● politia ecclesias●ica & d● coni●g●o sacerdotum oecolampa●ius in rom : 12 , ●ald●i●us ●●●nglius in amica s●a parenaesi a● commun●m helve●iorum ●mitatem operum . tom. 1. p , 115 , 117 , in p●●l . 1.1 , tom. 3 , p● 504. opus articulor●m artic. 34● 36 : francis lambert , his summa ch●i●●iani●atis . anno 1536. pr●sat mr. balli●ger in act. 20 , v , 28 , & decad. 5. ser : 3 , 4 , brentius apol. 〈◊〉 wettemb : c , 21. pellican●s in mat. c. 16 , & 18 , in act : 16 , & 20. mustulus loc●rum com. locut de ministris verbi d●i . p. 596.597 , 598. mr. iohn calvin instij● l , 4 , c , 3 , sect. 8 , c , 4 , sect , 2 , in phil , 1 , 1 , 1 , tim. 3 , 8 , ti●● 1 , 5.7 , antidotum concilij tridentin● ses. 7 de conformation● martin b●cer , de vt & usu ministerij , & in ma●th . 16 , araetius problem : lo●us de o●si●ijs eccles. ●● pi●l , 1 , 1 , in 1 tim● 3 , & 4● & tit. 1 , 5 , 7. mr. ralph g●●l●her , on acts. 20. verse ●8 . phil. 1 , 1 , 1 , tim. 3. tit , 1.5.7 . m●rtin chem●●tius examen ●on●ilij trid●●t pars . 2 , de sac●amento 〈◊〉 , 223 , 224 : innocentius gentiletus , exam●●●on●ilij trid●nt : ibid ioa●nis ma●o● , kin●sius & ma●lorat on phil. 1 , 1 , 1 , tim. ● , ti● . 1 , 5 , 7 , acts 20 , 28. 1 pet , 5 , 1 , 2 , 〈…〉 2 , ● , 8 , & in 〈…〉 ; c , 53 , 〈…〉 5 , ● , 14 , & co●●● 3 , c● 3 , 〈…〉 & lig● in 4 p●aecept : defide c , 25 , s●ct . 9 , & in p●●l . 1 , 1 , ●yperius in tit , 1 , 17 , & d● m●th●do t●●ologi● l , 3 , matthi●s ill●rieus clavis s●ripturae . tit presbiter , catalogus testi●m ve●ita●●s p , 426 , 433 , 445 , 512 , 524 , 525 , 529 , 553 , 554 , 488 , 528 , &c. 〈…〉 & basilius faber , centur : eccles : magd● 1 , l , 2 , c , 7 , col , 530 , 531 , 507 , 508 , cent. 1. c , ● , col , 125 , 126 , centu● 4 , c. 5 , de haresibus , &c , 10 , peter martyr loca●●m com● tom , 1. glass , 4 , ●ocus 6 : tom , 2 , d● eucharistia locu● 1. obiect , 50 , virellas religioni● christi co●pendium l , 3 , c , 11 , ●os●annus in tit , 1 , 5. 7 , heming●us , and iohn may●● , in phil , 1 , 1 , 1 , tim: 3 , tit. 1 , 5 , 7. antonis sad●el ad repetita tarriani responsio p , 50 , 51 , 61 , de legitim● voca●ione pas●oram p , 66 , to 88 , ad repeti●● tu●riani locus , 12 , p , 406 , to 500 , pezelius . a●gum & respons . pars 7 , de ordin ministr. . in argument 1 cos●●r ●levian in pi●l : 1 , 1 , & theodoret beza de dibes●●s ministrorum grad●●as cont●a sarabiam & annotat. in phil : 1 , 1 , & tit : 1. 5 , 7 , viret●s de minis●●is verbi dei , & sacram : l , 11 , c , 19 , & de adulterinis sa●ram stephanus ezegedim●s locorum com de ministr : sab 4 , p. 202 : lavather in ezech com 10 , george so●i●●● methodo theologia , p●scator theses theologi● locus 23 : thes : 50 , in act : 20 , 28 , p●il , 1. 1 , 1 tim. 3. & 4 : tit. 1.5 , 7 iunius controa●ares 5 lib. 1. c , 14. n 2 . 15● 23 , c , 25. n. 4.14 . contr. 3. l. 1. c. 8. n 24●contr●● . l 1. c. 5. n. 24. morney lord of p●essa tractatus de ecclesia c 11 holan●● syntagin● theologiae l. 7 , ● . 11 , bucanus loc. 42.44 . theodorus biblainder in chromagr . arinis scult●tus paraus , selneccorus , tossian●● an●onius fayus , io●nnis m●d●●lne●●s eilhard●s lubmus , george vveinrichus , ●●d●ous willichus , cosma● megalianus th●m●s ven●torius fredericus baldwenus , & g●o●ge de●vadius on phil. 1 , 1.1 . tim. 3. & 4 , 5 , tit. 1.5.7 . de o●ficio & jus●i● mi●istorum . & speculum s●●●rdot● carolus m●linaeus comment in edict●●● . 2 , cont● pa●nas datus & abus●● papa●●m p. 148 , to 1●6 petrus molmeus de vo●a●ion● mini●tror●m l , 1 , c , 7 , l , 2 , c , 8 , 9 , 10 , l , 3 , c. 6 , 3 , 8 , daniell chamierus pa●stratiae , catholica . tom , 2 de o●●um : pon●if l , 10 , c , 6 , l , 9 , c , 14 , 15 , gersom bucerus de gubernatione e●clesiae● m●●●l● , 1618 , ( in answer to bishop downhams sermon , ●nd his defence thereof , never yet replied to , the best and learnedest treatise ext●nt of this subject ) with infinite others (m) doctor reynolds ( the greatest bookeman of his age or since ) confessing that all learned men in forraigne nations● that he had read , and m●ny more ( no doubt ) which he had not re●d , treating of this subject did all co●sent in this particular of the parity of bishops and presbyters , by gods law , and divine institution to these i might add many s●ottish writers a● mr. iohn knox in the troubles of frank●ord in his history of the church of scotland & in his godly letter to the faithfull mr. robert ro●●● : comment in ephes : 4 , the whol● synod of f●●se an 1591 , & patricke ad●mso●arch-bishop of st an●rewes his polinody therein●andrew m●lium , in his m●s● , patricij : adamsoni palniodia , & cels● commis●ionis a●●omia , printed anno 1620. altare damascenum . a protestation . and tre●tise from scotl●●d printed 1608. vvilliam cooper bishop of gall●●a● in his sermon before the states anno 1606. the review of the synod of perth , with sundry others concurring in the selfe same jud●ment with all eage●nesse that may be . the fifth sqvadron . the 5. squadron is compacted and made up of our owne domesticke writers , martyrs , authors , aswell ancient as modern , which i shall here digest i●to a chronologicall order . anno 390 , we have sedulius scotus in 1 tim , 3 , & tit● 1 , bibl. patr. tom. 5 , pars 3 , p , 516. b. 519. g● h. an. 5●0 gilda● in his acris co●●eptio cleri angli● 720 : venerable ●eda in acta apost ● , 20 , tom : 5 , col : 657 , anno 790 , alcuminus de divinis officijs c , 35 : 16. col , 1082 , 108● , epistola 108 , ad sparatu●● comment in 5 ioan l , 5● cap : 25 , col. 547 , 548 , 549 , anno 1080 : anselme arch-bishop of canterbury (n) stiled the pope of the other world by pope vrb●n himselfe ) comme●t in ephes. 4 , tom : 2 , p , 280 , in phil : 1 , in 1 tim. 3.4 . & titus 1 ibid p. 295 , 356 , 357 anno 1140 iohn saresbury com . in phil. 1. tit● 1● & 1. 4 , 1 tim. ● . 3 & de nuges curialium l , 8 , c , 17 , & 23 , anno 1160 , petrus blesensis de i●stitutione episcop , tractatus & epistola 18 , 22 , 25 , 43 , 64 , anno 12 40 , alexander alensis summa theologia pars 4. qu. 26 , n. 8 , 9. artic. 1. & in 1 tim. 8. & tit. 1 , an : 1280. richadus de media villa . in l , 4. sent : distinct . 24. anno 1320. william occham in catalogo testium veritaris p , 524 , 525 , 589. & foxe , acts , and monuments , p , 358. 359 , 360. nicholas lyra , in act : 20 : phil. 1 , 1. tim. ● , tit. 1 , & 1. pet : 5 , anno 1350 , richard fitz-ralph arch-bishop of ardmagh , and primate of all england , responsio ad quest . armenorum l : ●1 , c. 1 , to 7. & apud thomam waldensem tom. 3. c. 60.61 , 62 , 63. & catalogum testium veritatis p , 52 s. robert holcot in l , sapienti● sect. 77 & 163. an. 1380. our famous english apostle iohn wickliff dialogorum l , 4 , c. 15.16 , 17 , 18.26 , apud thomam waldensem tom , 1 , l , 3 , artic . 3 , c● 29 , 30 , 31 , 32. tom. 2 de sa●cramento ordinis c , 117 , 118. tom. 3 , c , 60 , 61 , 62 , 63. thomam walsinghamum : hist. angliae p. 299●303 , 304 , & fox acts and monuments , p , 414 geofry chancer the p●oughmans tale patt 1 , 2 , pierce plowman passus 23 , anno 1390 william swinderbg martyr . fox acts , and monuments , p , 430. 431 , 434. see the epistle of lucifer to the prelates &c , written about that age ( thought to bee his ) anno 1391 , walter brute martyr , ibid p. 439. anno● 2425. sir iohn old-castle , the lord c●bham martyr . fox ibid p , 517 , 518 , 522 , all the disciples of wicklif●e in that age , walsingham hist. anglia p , 372. & antiqu , ecclesia , brit , p , 302 , anno 1430 , alexander fabritius destructorium viviarum pars 4 , c , 8 b , 5 , 14. c , c. 21 , b. c. i , c. 22. d , pars 5 , c , 2 , e , i , l , c , 14 : a pars 5. c , 2 , l. pars , 6.3 , iohn de b●rgo , pupilla oculi pars , 6 7 , c. ● , c , d , william lyndewood provinc . constit , l , 3 , tit. de vita & honestate clerìcorum f , 86 , cap , ordinis , iohn de aton constit. othonis de officio archiepisc. f. 44. c , archiepiscopum reginald peacocke bishop of chichester , anno 1457. de aequalitate ministrorum lib. apud balaum cent , 8 , scriptorum brit , c , ●19 . anno 1536 , iohn lambert martyr , fox , acts , and monuments p , 1009 , 1016 , cuthbert tonstall bishop of duresme , and iohn stokes by bishop of london , in their epistle to cardinall poole , fox p. 972 , 9●3 . & in thomas b●con his reports of certain men vol , 3 , fol. 267 , vvilliam tyndall martyr . obedience of a christian man in his workes p , 114 , 124. 133 , 192 , 185. the practise of popish prelates p. 342.343.354 . & in fox p. 986. anno 1537. thomas arch-bishop of canterbury , edward arch-bishop of yorke , iohn bishop o● london , cut●bert bishop of durham , stephen bishop of winchester , robert bishop of carlile , iohn bishop of exeter , iohn bishop of lincolne , iohn bishop of bath , rowland bishop of coven●●y and lichfield , thomas bishop of ely , nichola● bishop of salisbury●iohn bishop of bangor , edward bishop of hereford●hugh bishop of worcester , iohn bishop of ro●hester , richard bishop of chichester , vvilliam bishop of norwich , robert bishop of assaph . robert bishop of landaffe , richard vvolman arch-deacon of sudbury , vvilliam knight arch-deacon of richmond , iohn bells arch-deacon of glocester , edward bonner arch-deacon of leicester , vvilliam skippe arch-deacon of dorcet , nicholas heath arch-deacon of stafford , cuthb●rt marshall arch-deacon of vottingham richard corren arch-deacon of oxford , vvilliam cliffe , geoffry dowes , robert oking , ralph bradford , richard smith● symon matthew , iohn pryn , vvilliam buokmaster , vvilliam may , nicho●as vvottin , richard cox , iohn edmunds , thomas robertson , iohn baker , thomas barrett , iohn hase , iohn tyson doctors , and professors of divinity and of the civill and canon law , with the whole convocation house and clergie of england in their booke intituled the institution of a christian man dedicated by them to king henry 8. printed cum privilegio subscribed with all their names , and ratefied by the statute of 32 h , 8 , c. 26. chap , of the sacrament of order fol. 48. &c , an excellent place anno 1538. robert barnes doctor of divinity , and martyr in his workes , p. 210. anno 1540. vvilliam vvragh●on in his h●nting and finding out of the romish fox among the bishops in england , dedicated to king henry the 8. and his rescue of the romish fox a booke intituled the image as well of a true christian bishop as of a counterfeit and anti-christian bishop , printed about the same time , rode●icke mors his supplication or complaint to the ●arleament of england , c. 19.20 . a supplication to king hen●y the 8. by a namelesse author , against bishops their jurisdiction , pride , lordlinesse , and wealth , henry stalbridge his exhortatory epistle to his most deare country of england , against the pompous bishops of the same , as yet the true members of the great antichrist of rome , their most filthy father lincolne ridley , his exposition on ihil . 1. iohn frith a pious learned martyr , his answer to sir thomas moore , p. 116. nayler his answer to the epistle of the great turke , printed anno 1542. iohn bale afterward bishop of osgris , in ireland , his image of both churches , on apoc. c , 6 , f , 42 , 9 , f , 56.65 . c. 13. f. 105 , 116 , 118. c. 14 , f. 126. c , 15 , f , 150. c. 17. f , 160. king henry the 8 himselfe in his book inscribed● a necessary erudition for any christian man published with the advise and approbation of all the prelates , clergy of england in their convocation and of the lords spirituall and temporall ; and nether house of parliament with the kings own royall epistle to all his loving subjects before it anno 1545. by vertue of the statute of 32 h. 8. c. 26. chap. of the sacrament of order anno 1551. the book of ordination of ministers and bishops confi●med by act of parliament 3 ed. 6. c. 12.5 . & 6. ed. c. 1. & 8. elizab . c. 1. ( which prescribed the 1 tim. 3. & tit. 1. to be read at the ordination of ministers , and consecration of bishops , and limits the selfe same forme of ordination , with the power of impesi●ion of hands both to ministers and bishop● ) anno 1552. iohn hooper bishop of glocester , a martyr expition upon the 8. commandements , and in psalm 23● p. 40. hugh la●ymer once bishop of vvorces●er , a martyr in his fourt● sermon of the plough , and in his 2.3.4 . and 6. sermons before king edward the 6. anno 1●●5 . i●hn pove● bishop of vvinchester , in his apologie against thomas martyr● c , 4.5 . f. 43.44.52.53.59 doctor harpesfield arch-deacon of london , and iohn bradford martyr , fox acts , and monuments , p , 1465 , anno 1558 , thomas bomb●edge martyr , fox ibid p , 1856. iohn elmer ( after bishop of london , ) in his harborow for faithfull subjects , master bullingham , ( after bishop of lincolne . ) in his letter to master bull det 5 . 1●64 . master thomas becon , in his cat●chisme , in his workes dedicated to all , the bishops of england by name approved , applauded by them , and printed cum privilegio london 1562. vol. 499.500 . the doctrine of christ and anti-christ . vol. 3 , f , 409 , 4010. sect. 18.19 , iames pilkington bishop of durham , exposition on agge c , 1. verse 1 , 2 , 3.4 , 9.12.13 . c. 2. v. 1 , 2 , 3.4.9.10.11 . on obidias v. 7.8 . and in his treatise of bu●ning paules church . incomparable iohn iuell bishop of salisbury , defence of the apologie of the church of england , edit , 16.10 . part 2 , cap : 3 , divis : 5. c : 4 : divis , 2 , cap , 5 , divis : 1 , cap : 7 , divis , 5 , cap , 9. divis : 1 , p 99.100 , 101.196 : 202 , &c , vvilliam alley bishop of exeter , in his poore-mans library , part 1 , miscellanea pr●lect , 3. f. 95 , 96. printed cum privilegio edit. 2.1571 . alexander nowell deane of paules , his reproofe of do●mans proofe london 1565. cum privilegio f. 43.44.45 . doctor lawrence humfryes regiu● professor of divinitie in the vniversity of oxford , puritano papismi confu●atio : ad rat . 3. p. 262.263 iohn ke●ridge his sermon on 1 ●im . 3 : 1 , 2 , 3 , london 1578 , iohn vvhitgi●t arch-bishop of canterbury against cart-wright , p , 353 , master cart-wright in his second replie against whit-gist , anno 1585. ● tract , . 8 , of arch-bishops , and bishops p , 404 , to 616. confvtation of the remish testament on acts. 20. sect. 4 , ●hil . 1 , sect. 1 , 1. tim. 3. sect. 2. tit. 1 , sect. 2 , doctor vvilliam fulk against brislow motive 40 against gregory martin , london , 1583 , p , 172. confutation of the rhemi●● testament , on tit. 1 , sect 2 , phil. 1 , sect 1. master iohn foxe in his acts and monuments , ( prescribed to be had in every arch-bishop , bishops , archdeacons , deanes , and prebend residentiaries house & in every cathedrall and collegiate church by the canon● made in the synod of london , anno 1571 ) edit 1610 , p , 216 , 358 , 359. 360 , 414 , 430 , 432 , 434 , 439 , 517 , 518 : 599 , 625 , 961 , 972 , 1009 , 1016 , 1465 , 1856 both in the text and marginall notes . doctor vvilliam vvhittaker regius professor of divinity in the vniversity of camb●id●● : contra duraum l , 6 , sect : 19 , responsio ad 6 , rationes camp●ani rat : 10. p , 122 , 141 , contr , 2 , q● . 5. c , 7 , contr , 4 , qu , 1 , c , 1 , master p●ilip stu●t , his display of corruptions neare the end . the ●ee hive of the romish church oft printed and lately reprinted anno 1635. passing on● most learned doctor iohn rayn●lds in his conference with hart anno 1584 , london 1609 c , 3 , divis : 1. p , 100 , 101.105 . c , 4 , divis : 2 , p , 122 , 123 , c , 6. divis : p , 185. divis : 3 , p , 218 , c. 8. divis 3 p , 4●1 , divis : 5 , p , 540 , 541 , and his letter to sir francis knolles , in refutation of doctor bancrof●s sermon at pauls-crosse 9. feb. 1588 , dated s●pt . 19. 1598 doctor a●dr●●willes synopsis papisini , the 5 generall controversie . qu : 3 , doctor thomas bilson , after bishop of vvinchester in his true difference betweene christian subjection and unchristian rebellion oxon 159● , p , 125 , 126. iohn bridges bishop of oxford , his defence of the princes supremacy p. 359. the petition to queen elizabeth , p , 7 20 , 21 : discursus de gubernatione ecclesiastica . anno 1584 : thoma● vvhete●sall , his discourse of the corruptions now in question : london 1607 doctor richa●d field , of the church . l. 5 , c , 27 , master richard hooker , his ecclesiasticall polity ●● 5 , sect , 7. ● , tho : wilson his christian dictionary , title bishop , doctor henry airay sermon 2. on phil , 1 , 1 , doctor thomas tailor in his commentary upon titus 1 v : 5 , 7 : p , 121 , 122 , mr: robert parker de politia ecclesiastica christi & hiorarchia , apposita 1614 , a learned discourse paul bayne his answer to bishop down●ham his consecration sermon , doctor william ames , in his bellarminus enervatus . printed by license at oxford anno 1629. tom , 2 , l , 3 , c , 3 , 4●iamss peregrin his letters patents of the presbitery anno 1632. doctor iohn bastwicke his flagollum pontificis & episcoporum la●ialum & his apologeticus with above 40 , anonymous t●eatises that i have seene ; all these unamiously testifie ; that bishops and presbiters by gods law and divine institution are all one equall and the same ; that the superiority of bishops over other ministers is only of humane and canonicall institution long afte● the apostles most of them cōdemning it as anti-christian , unlawfull . diabolical , pernicious , to religion , & the church of god , & the cause of all the tyranny , schismes , corruptions , disorders , errors , abuses that now infest the church or hinder the power , the purity of religion and progresse of the gospell . to these i might accumulate the statute of 25 , h. 8 c , 19 , 20 , 21 , 26 , h , 8. c , 1 , 27 , h● 8 , c , 15 , 31 , h. 8 , c , 9.10 , 37 , h 8 , c , 17 , 1 , ed. 6 , c , 21 , & 2 : phil & marie c , 8 , 1 eliz c. 1 , 5 , eliz. c , 1 , 8 , eliz. c. 1. the patents of 31 h , 8 , pars 4. to enable bishops to consecrate churches , chappels , and church-yards with the kings license first obtained of 36 h. 8 pars 13. to robert holga●e arch-bishop of yorke , to enable and authorize him to keep a metropolicall visitation , the patents for the creation of the bisho●rick● of oxford , glocester , bristol , peter●●roug● , and vvestminster , an. 34 , & 35 , h , ● , the patents of miles goverdake , bishop of exeter , iohn povet once bishop of vvinchester , and iohn story bishop of rochester , 5 , e. 6 , pars prima , and of all the other bishops made in his raigne , by vertue of the statute , of 1 e. 6 , c , 2. wiih all the high-commission patents grounded on 1 eliz , c. 1. all which expresly resolves , that all manner of ecclesiasticall iurisdiction , wherby bishops are extinguished from , and elivated above ordinary ministers , is wholy vested in , and for ever , inseperably united and annexed to the imperiall crowne of this realme : that our arch-bishops , bishops , arch-deacons● and other ●cclesi●sticall persons have no manner of jurisdiction ecclesiasticall , but only by , under , and from the kings majesty , that they ought to have the jurisdiction delegated and devided to thē by speciall letters patents and commissions under the kings great seale to execute the same , not in their owne names and right , but only nomin● vice , authoritate nostris regijs ( as king edwards , patents run ) in the kings owne name right and authority , as his officers and subs●itutes , making out all their proces , citations , excommunications , commissions o● administration , probate of wills , and writs of iur● patron●●us &c : in the kings name only , and under his seale of armes , not their owne under paine of imprisonment and a premunire ; for the neglect and wilfull contempt whereof all our bishops and their officers have encurred severall premunires to the forfiture of all their temporalities , goods , estates , and liberties to his majesty , who may much enrich his exchequer thereby . all which acts and patents judicially condemne and overturn our bishops pretended superiority , over their fellow brethren by a divine right , the very claime whereof alone makes them all liable to a premunire and meer perjur'd persons both to god and the king , beeing directly contrary to the very oath of supremacy , prescribed by 1 eliz , c , 1 , which every bishop oft times takes , and every graduate and clergie man whatsoever who must either abjure this pretended ius divinum with which they would support the hierarchie , or prove : perjur'd disloyall subjects to their soveraigne . having thus presented you with this large catalogue of authorities proving the parity ●quality , and identity of bishops , and presbiters by divine right and institution . i shall now challenge all our great swelling ●relates , and their s●attere●s joyntly and severally ( ●s●ecially the two arch-bishops who have made so many throsonicall bragg●s of the proofe of their divine title in open court befo●e thousands of people ) to produce a contrary catalogue of auth●rities of thes● severall kinds eviden●ing thei● divine pretended right , supe●io●ity and jurisdiction over other minis●e●s , ●f they are able to do it and to give a satisfactory , answer to this treatise , i shall su●s●ib● to their opinion , and recant what i have written . but if they cannot performe ●t , ( as i am certaine they are altogether unable ) then let them retract their former vaine glorious vaunts● and abjure their pretended ius divinum by subscribing to that truth , ( which they are unable to contradict ) and laying downe their bishoprickes at ( least their rochests● ) as they have oft-times solemnly protested they would doe . if they can or will doe neither , they must give all the world leave to passe this censure on them . that they have neither that learning truth or honesty in them as hitherto they would make the world beleeve they had● and that they may have no starting hole to evade : i shall in as few words as may be , answer what ever they can object for themselves out of any undoubted a●tiquity which is but this● that acce●s was bran●ed for an hereticke by epipha●i●s and augu●tine , for affirming bishops and presbiters to bee equall one to the other : by divine insti●ution : this is all that either the (o) papists or (p) our prelates do or can alleage for their hierarchie out of the fathers or antiquity ; and this in truth is a good as nothing . for first this opinion of aerius was never condemned as hereticall , by any counsell or father whatsoever , but only by epiphanius , who alone is unsufficient to brand or make any man an hereticke . saint augustine indeed ( if the booke be his cites this opinion of his , out of epiphanius in his book de haeresibus , c , 53 , yet he brands it not as an heresie , but stiles it proprium dogma in expresse termes to wit , his proper assertion ( and his owne too ) taxing him only of heresie for●siding with the arrians in their branded heresie , (q) isiodor hispalensis & gratian reciting the heresie of arrius makes no mention a all either of this as an heresie or error in him , passing it over in silence and expresly averr●ing it thēselves as a truth . wherefore no ancient counsell or author whatsoever but epiphanius branding it either for an heresie or error . i see not well how it should be so esteemed . secondly , this hath been the constant received doctrine both of christ and his apostles , of all the fathers and learned orthodoxe writers , in all ages as the precedent catalogue witnesseth , therefore no heresie or error , as epiphanius and some few of late ( out of him alone ) have rashly deemed it . thirdly , it cannot properly be called an heresie , because the superiority of bishops over other ministers , by a d●vine institution , as no fundamentall point of faith , neither hath it any foundation at all in scripture , as i have elsewhere manifested . therefo●e it is most absurd to call it an heresie . fourthly , epipha●ius there condemnes aerius as much for reprehending and censuring prayer for the dead , as for affirming bishops and presbiters to bee equall . but this our prelates must confesse ( unlesse they renounce this doctrine of our church ) was no error or heresie in aerius but rather in epiphanius , why not therefore the other . fifthly , epiphanius himselfe doth not conde●ne a●rius his opinion in this particular for an hereticko but onely as a fond opinion ( as his words ) e● quod tota res stu●titiae plena est apud prudentes manifestum est . sixthly , st. hierom● nazia●zen , basill sedulius ambrose , chrisostome , and augustine taught the same doctrine that aerius did , at or about the same time , but they were never taxed of heresie or error for it either then or since : why then should a●rius only be blamed who argues just as hierome doth , producing the same sc●ipture to prove his assertion as hierom● hath done in his epistle to evagrius & on tit. 1. seventhly , epiphanius his refutations of aerius his arguments and opinion is very ridiculous , false , and absurd . for first he saith , that presbiters then had not the power of ordination , neither did they use to lay on hands , in the election and ordination of ministers , which is a meere falshood , as hierom in soph. c. ● . with the ●th . counsell of carthage , witnes , and i have elsewhere manifested at large . secondly , he saith that presbiters had no voice in the election of bishops and ministers , which is (s) contrary to all antiquities , extant , and a most palpable untruth . thirdly , he saith that there were then more bishops then presbiters and men sufficient & worthy enough to be made bishops but no● presbyters , and therfore the apostle writing to the philippians and others makes mention only of bishops , not of presbyters , because they had then bishops but not presbyters . a miserable ridiculous , answer , which subverts that he contends for , and constitutes bishops without any ministers under their command or jurisdiction● whence it will necessarily follow . that seeing the apostles instituted bishops without ministers under them , a●d more bishops then presbiters , there ought now to bee no presbiters subject to bishops , but bishops to be pl●ced in every church● without any ministers under ●hem , but deacons only and more bi●hops then ministers , which i presume the lordly prelates will not grant , for this would over-turne not only their lordships , but their ●ioces●e and episcopalities fourthly , he saith that the apo●●les first constituted bishops onely in the church , with●ut elders and then they afterwards elected elders as they f●und them worthy , which is contrary to st● t ierome and ●ll antiquity averring that elders were first ordained in euery church , 〈◊〉 14● 23 , tit. 1 , 5 , and that they afterward elected a bishop out of themselves . fifthly , he saith that the apostles used to write to the bishops of one church in the plurall number , when there was but one bishop there , which is very improb●ble yea contrary of all other expositors , on ●hil . ● . 1. tit. 1 , 5 , 7 , act. 20 , 17 , 2● . sixthly , he peremptorily determines timothy to be a bishop which i have elsewhere proved false , and f●om this false ground would prove bishops and presbiters distinct . seventhly , he interprets an elder in the 1 tim. 5.1 , to be a presbiter which most fathers else expound only to be an ancient man . eightly , he would prove timothy a bishop and bishops to be superior too , and distinct from presbiters , because paul exhorts him not to rebuke an elder , but to exhort him as a father , and not to receive an accusation against an elder , but under two or three witnesses , which are grosse inconsequence ( as i have else where manifested ) so that epiphanius whilst he goes about to prove aerius his assertion still of folly steps into many errors , follies , and absurdities himselfe , as bellarmine is inforced to confesse , though desirous to make the best of it . in a word then as all the forecited authors in generall , ●o in speciall , chemnitius examen concilij tridentini part 4. de ordinis ●acramento , danaus in augustium de haresibus c. 53 , theodorus bibliander , in chronagr . bucanus l●corum com . c , 32 , magdeburgenses cent . ● , c. 5. de haresibus beza de diversis ministorum gradibus c , 22. bersomus bucerus de gubernation● ecclesia p , 2●● , to 29● . bishop io●●ll defence of the apologie part 2 , c. 9. divis , 1. p : 196 202. doctor humphry conf●tat puritan● , papismi ad rat . 3 , p , 261.262 . doctor vv●itake● c●ntr . duraum l , 6. sect , ●● ad ratio 10 campiani resp. contr. lib. ● . qu. 5. c. 7. doctor fulke , and mr. cartwright confutation of the remish testament phil. 1.1 . bishop bridges in his defence of the princes supremacy , p. 359. doctor vvill●t synopsis papismi contr. 8. qu. 3. part 2. dr. reynolds in his letter to sir francis knolls and to michael medina a papist●de sacr. hom orig. l. 1● c. 5. & doctor armes in his bellarminnus enarvatus tom. 2. l 3 c , 4. ( to omit others ) do all joyntly acquit a●●ius both ●rō the guilt of heresie or error , in thi● very point , and taxe epiphanius for censuring him without the judgement of a synod or of the church , condemning his answers to aerius his reasons as notoriously absurd & impertinent yea as foolish & childis● worthy to be hissed and derided i shall therfore conclude as doth our learned w whittaker , in this case ; verily if to condemne prayers for the dead and to equ●ll presbiters● with bishops be hereticall . nihil catholicum esse potest , nothing can be catholicke , so farre as it from being either an heresie or error as o●r absurd prelates and their sycophants pretend . if they object the authority of x ignatius that he advanceth bishops above presbyters commanding them to obey the bishops as the apostles obeyed christ , and willing the people to be subject to their bishops as to god and christ , and to their elders as to christs apostl●s : therfore in his daies bishops were superior to presbiters . to this i answer , that these epistles of ignatius are false and spurious as many y of our learned men have proved at large , therefore of no authority . secondly , it is cleer by acts 10 . 2●phil . 1. 1. tit. 1 , 5 , 7. that in ignatius his daies bishops & presbiters were all one both in title , office , and jurisdiction : that there were many bishops in every chiefe city and church , not any sole ●ishop paramount the presbiters , over one or many churches : and that dioc●san bishops were instituted long after the apostles and therefore after ignatius his dayes ( who lived in the apostles age ) as all authors forecited accord and the whole clergie of england , in their institution of a christian man dedicated to king henry the 8 resolue in direct termes , these epistles therefore of ignatius which spe●k of one bishop in a ●hurch , distinct ●rom and superior to presbyters must needs be ●orged . thi●dly , ignatius in these epistles makes bishops successors to christ and to s●and in his stead , and presbyters to succeed the apostles , whereas all others ma●es them successors to the apostles only , not to christ , who z le●t no successor or vicar generall behind him , b●t a remains himselfe for ever the high-priest , chiefe shepheard and bishop of our s●ules , and hath promised b to ●e with us alwaies even to the end of the world : this therefore ma●es his authority but suspici●us and co●te●ptible . fourthly , ignatius hath not o●e word in him that bishops are superior to ●●e●biters ●y any divine l●w or i●stitution● ( the thing in question ) therefore his authority ( if ge●uine ) proves nothing for the oposites . fifthly , igna●ius equals bishops and presbyters both in jurisdiction , rule , and authority , for ●pist . ● . ad ●ral●●anus he writes thus : ●ut be ye subject to the presbyters as to the apostles of christ : for the presbyters are a certaine conjoyned sessions and ●ssembly of apostles epist. 6. ad magnesianes ●rebyteri president ●oco sinatus apostolis the ●resbyters rule in the place of the senate of the apostles . epist. 10. ad symenses . do ye al ●ollow the colledge of the presbiters as apostles : now if presbyters succeed the apostles in the government o● the church , & al are to be subject to them , to follow them as christs apostles , then certainely ●hey are equall at least to bishops , who at the highest are by gods institution only to be obeyed and followed but as christs apostles not to be pre●erred before them , if equalized with them , as the proudest prelate of them must acknowledge and and the c fathers witnesse . sixthly , d ignatius confesseth that the churches in those dayes were not ruled by the bishops as they are now but by the colledge senate and synod of the elders , & communi praesbyt●oum concilio as hierome e and all other after him affirme the presbiters therefore had then equall and joynt authority with the bishops even in point of iurisdiction & governments and did r●le and govern , the church in common with them , therefore the bishops were not then lords paramount , as now they ma●e themselves , but equall and one with them , yea their colleagues & companions as ignatius and the g ●our●h counsel o● ca●●h●ge stile thē . seventhly , his words h that they sh●uld ●e s●bject to the bishop as to god and christ , if rightly understood ma●e nothing for the prelates hiera●chie●●or saint paul ephes. 6 , 5.6 , 7. co●mands servants to be obedient unto them that are their masters according to the flesh , with ●eare and ●●embling in singlenes●e of heart as unto christ , not with eye-service as ●en pleasers but as the servants of christ , doing the will of god from his heart , with good will , doing service unto the lord , and not to men , &c. is therefore every master a bishop , equall unto christ , and superior in inrisdiction and degree to presbyters no , so polycarpus in his epistle to the ●hilippians chargeth them i to be subiect to their elders as unto god and christ using the same words of elders as ignatius doth of bishops . are pre●byters therefore paramount bishops , and succes●o●s to christ himselfe ? i trow not ignatius his meaning therefore is not , that bishops are as high above presbyters and the people as god and christ are above the apostles ( as some k ambitious prelates fansie ) but only that we must obey bishops in all things that they command and prescribe us out of gods word , as farre ●orth as we would obey god or christ himselfe , for he that heareth them , heareth christ himselfe , and hee that despiseth them , despiseth god and ch●ist himselfe . luke 10.16 . 1 thes. 4● 8. in this manner likewise are we to be subject to every minister whatsoever●heb . 13.17.7.1 thes. 2.13 . this therefore proves nothing for the prelates superiority over other bishops , especially since this igna●●us himselfe epist. 5 chargeth the trallians to reverence de●cons ( in●e●●or to ●resbyters ) as christ himselfe , whose vicars they are . as for those extravagail expressions of ignatius l episcopus typum dei patris ●mnium ge●ut , quid enim aliud est episcopus quam is qui ●mni ●●incipatu & protestate superior est & quod homini licet pro viribus imitator christi dei factus , ( and the m like ) on n which same ground both the popes and prelates monarchie , they are so ridi●ulous , ●alse , ambitious , and hyperbolical , as favor neither of ignatius or any christian , but rather of a meere papall and anti-christian spirit● discovering these epistles to be none of his , and those ●rela●ts who ass●me these speeches to themselues to be o none of christs mat. 11.29 . all which considered● this forged a●tiquity will stand thē in no stead at all , to prove them superior or distinct from presbyters by any diuine institution , and other antiquity , making for them i find not extant . that presbyters and bishops by gods law and ordination are both one and the same & of equall authority and jurisdiction as all these authorities resolve , i shall undeniable manifest by this one argument . presqyters by the expresse resolution of the scripture have the very name , and not so onely but the very office of bishops act. 20.17 , 28. p●●l . 1 , 1 , 1. tim. 3 . 1● to 5. tit. 1 , 5. to 1● . the same mission , and commission , the same function , charge , ordination , and quallification . matth. 28.19.20 . 1 tim. 3 , 1. to 7. c. 4.14 . c. 5 17. 2 tim. 4.1 , 2 , 1 , pet. 5 , 1 , 2 , 3. tit. 1 , 5. to 12. neither doth the scripture in any place make any differēce distinction , or superiority between them , or attribute any power to the one , that it doth not to the other , ●s the premises evidence , and matth. 20 25.26 , 27 , 28. mar. 10 , 42 , 43 : 44 luk. 22.25.26 . therefore by gods law and institution they are one and the same , and of equall authority power and jurisdiction in all things . as for that distinction in power , precedency , and jurisdiction , whi●● hath since been made between them it hath proceeded , partly from canons and constitutions made by bishops themselves , p partly by meer usurpation , and encrochment , but principally from the grant and largenesse of christian princes , who as they erected bishoprickes and diocesse and multiplyed them or divided them as they saw occasion , so they limitted q and granted them all that episcopall power , and jurisdiction whereby they were distinguished from , or advanced above ordinary ministers , as appeares by the originall charters of the foundations and erections of our own english bishop-rickes , the forecited statutes , and by our owne and forraigne histories , now that jurisdiction and superlority thus acquired , is but meere and humane not divine . againe bishop-ricks are meer h●mane institutions directly contrary to the holy ghost , who ordained many bishops in every church and city , not one bishop over many ( which he can never well instruct , rule , and oversee ) acts 20. 17.28 , 1 tim. 5.17 . p●il . 1 , 1 , tit. 1● 5 , 7. 1 pet. 5 , 1 , 2 , 3. now that episcopal jurisdiction which distinguishet● bishops ●rom presbyters . was r created with and annexed to their bish●pricks , yea it is delegated bot● by the ●ing to lay commi●●ione●s and visitors , and by bishops themselves to officials commi●●a●ies and meere lay men 26. h. 8. c. 1.31 . h. 8 , c , 9 , 37. h. 8 , c , 17.1 ● , 6 , c. 2.1 eliz , c , 1. therefore it is meerely humane , and belongs not to bishops by any divine right , neither is it peculiar unto them alone , moreover bishoprickes with all episcopall ju●isdiction ; incident to them have been s usually granted here●o●ore by our kings of england to their chancellours , trea●u●ers , secretaries , kinsmen , and temporall o●hcers , being meere lay-men , as an advancement and augmentation onely of their temporall revenues , and civill temporall things . and in germany at this day they are given to dukes , earles , and nobles , yea to children and in●ants only as a temporall dig●ity and revenue . there●o●e they are ●nly temp●rall ●ffices and revenues , and meere hu●ane in●titutions which may well be spare● in the church , not divine o● gods and christs institution , moreover most of the t re●ormed ●●otes●ant churches be●ond the 〈…〉 the re●●●ma●●n 〈…〉 bishopricks and dioce●an bishops as anti-christian , and humane in●●●tutions pernicious to the church of christ , and to the power pu●ity , and progres●e of the gospell , making bi●●ops proud , lordly , idle , luxu●ious , covetous , tyrannicall , symoni●call , seditious , sch●smatica● , ●pp●essive , vindictive , prophane , impious , lascivious unchas● , per●ideous , rebellious & ●recherous to their soveraigns , therefore certainly they are no divine insti●ution , use●ull or necessary for gods church , and people , o● which they have been the bane and ruine in all ages as our acts and monuments of martyrs testifie , they being the authors of all perse●●tions in our church , and of al our martyrs buchery & blood● shed . and in truth our kings in all former ages have ●eeme● bishops not al●oge●her so usefull or necessary in our church , as some now make them , which may appeare by the long vacancies , o●●●ve●s bishoprickes in sundry ages , of which i shall give you a ●ho●● ta●● , and so conci●●e u an●● 653 after the death of honorius arch-bishop or can●erbury , that see continu●● void 18 moneths ann● 669. after adeota●us●is death it remained vo●d almost 4 yeares , an 690. af●e●th●odorus his death it was void almo●t ●u●● two ye●res● and as long a●ter ●a●●yus●ecease an 734 : after ●u●hber●s death an 758. ●t was vacant above one yeare . anno 762 two years a●ter ●regwins death an 790 , 3 years a●●er lamb●r●s death an 830 , a●ove one yeare after vv●●reds decease an 958 : almost 3 yeares after odo his expi●ation an 1089. 4 ye●res after la●●●akes departure an 1109 5 yeares after an●elmes death an● . 36. 2 years after vvi●liam carke● a● . 11 , ● , ●3 , yea●s a●ter ri●hard vve●●er●ne● , an 1242 , 2 yeares a●●e● st. ●dm●n● an 1270 ●s long a●●er ●oni●ac● an 1502 , 2 yeares after 〈◊〉 deane , a● 15●8 , o●e ●ear a●●e● 〈…〉 v a● 644 , a●●er pau●●nus the 〈◊〉 a●●h-bi●h●p 〈◊〉 ●o●ke● that ●ee w●s vacant 20 , ( ●●me say 3●● yee●es an 1114 s●●ur , yeares af●er ●●●mas the second an 1140 ●lmost 2 ●eares a●ter t●●●stan an 〈◊〉 10 years after rogers de●th●an . 1213. 4 yea●es after 〈◊〉 , an 1255 , 13 , ●loneths after vv●●●e● g●ay , an● 13●3 , after ●homas de ca●bridge , above 2 , yeares . an 315 , ● years after ●illiam●●greenfiel● a●● 1240● 2 ye●res af●er vvi●liam de mel●●● , an , 1405 , 2 years and an ha●●e a●te● 〈◊〉 s●●ope , that arch-traitor benea●e● for his tre●son . an● 1423 , 2 yeares , after henry bowe●● an 14●9 . almost 4 yeares after iohn k●mp , an 1464 , 2 yeares after vvilliam b●●th , almost a ●ull yea●● both after cardinall vvolpe , and ●●●ard lee , an● 1559 , ●●●er ●●c●olas heath . 2 yeares an● 1568 after thomas ●oung , above one yeare . thus long have both our arch-bishoprickes been , void in severall age● without any prejudice to church or state w anno 619 after mellitus his translation from london to canterbury , that see continued void 31 ye●res together , an ●64 2 yeares an : 1133. 7 yeares a●ter guilbert an. 1187 alter gilbert fol●o● above 2 yeares an : 1279 above one yeare a●●er iohn de chishul . an : 1303 , almost 2 yeares after richard de granef●rd . anno 1501 after thomas sa●age above two yeares an 1171 after the death of henry de bloyes , the bishopricke of wincheste● was void above 3 yeares an 1238 , after peter de la roch 5● years● an 1243. after william de rawley 16 ye●res , ethelmanus holding it 9 , yeares without consideration anno 1259 after henry de wengham 6 , yeares , an 1492 , after peter coventry aboue one yeare an 1500 after thomas langton 2 yeares an : 1528 a●ter richard fox 2 yeares an 1530. after cardinal● woolsey , almost 4 yea●es , w an 1131 after the death of h●rnaus first bishop o●ely , that see was void above 2 yeares , an : 1169 after negellus the second bishop 5 yeares an 1197 , afte● william longchamp , above one yeare . an 1214 , after eustachius above 5 yeares , an 1256 , after william de kil●enny above one yeare , an 1297 , after william de luda 2 yeares . an 1373 after iohn barnet 2 yeares an 1434 after ●hillip morgan 3 yeares●an : 1486 after i●●n ●oorion 3 yeares an 1500 a●●er i●hn alcocke one whole yeare , an : 1533 : as long after nicholas west ; an : 158● after richard coxe almost 20 yeares together x ●n 11●7 , after the death of ro●ert de chisney the 4 bish●p o● lincoln , that see continued v●cant almost 17 yeares , ce●●ry ●en●y the 2 , his base s●nne ta●ing the ●rofits thereof without any consecration an 1184 , af●er walte● de c●●st●rtiis 2 ●eares , an , 1200 after st. ●ugh almost ● years , ●n 1206 , after william de bl●yes 3 ye●res , an , 1490 , after iohn rus●el 2 yeares an 1513 , after william smith one yeare , y an 1086 the bishoprick of coventry and lichf●eld was vacant 2 yeares , after the death of ●eter , and as long an 1●27 after robert ●each , as long an 118 after gi●acdus puella , as long , an 1208 , ●fter geof●ry de muschamp , an 1238 , almost 3 yeares after alexander●e sa●ensby an 1243 , after hugh pateshul 2 ye●es , an 1386 as long after ●ichard scroope an 1490 : as long after iohn hu●●e z an 1099 after os●ond his death the second bishop of salisbury that see was 8 yeares vacant an 1225 , after richard poore 4 years , an 1●●0 , 4 years a●●er walter de la wi●e , an 1588 3 yeares a●ter iohn ●ierce , an 1596 2 yeares a●ter iohn coldwell a an 1166 , the bishopricke of bath and wels upon the death of robert continued void 8 , yeares , 8 moneths , and 15 dayes an 1242 after ioceline , 2 yeares , anno 1262 as long after william butt●n anno 1503 as long after oliver king , an 1547. as long after william knight , an 1381 3 yeares after gilbert barkely an 1590 , 2 yeares a●●er thomas godwin , b an. 1103 the bishoprick of exeter after osber●us decease was vacant 4 yeares , anno 1182 after bartholmeus iscartus 2 , yeares an 1119 after william herbert the last bishop of thelfords , death that see ( now norwich ) was vacant 2 yeares , an 1214 , after iohn de grey it was vacant 7 yeares , anno 1222 afte● pandulfus 3 yea●es , anno 1236 after rodulphus almost 3 years , and as long after william de releigh , an 1240 , after henry spencer an. 1406 , ●lmost 2 yeares , c an 1095 after the death of wolstan bishop of wor●hester , that see was vacant 2 yeares an 1113 , as long after sampsons , an 1123 almost as long after theulphus , & an , 1179. after roger an 1184 , after william de northale 5 yeares an 1198 , after iohn de constantijs 2 yeares an ●1212 , 〈◊〉 long after mangere , anno 1373 , as long after vvilliam de lyn , an 1417 as long after thomas pondrell an 1427 7 yeares after thomas polton anno 1590 , 3 yeares after ednica freat , d an 1556 the bishopricke of hereford , after leoneyards death continued 4. yeares vacant , an , 1127 , after richa●d above 4 yeares an● 1167 , after ro●ert de melim , above 6 yeares , an 1539 after iohn skip above 13 yeeres an , 1585 after herbert west failing 17 yeares , an 1526 the bishopricke of chichester was void almost 4 yeares , after iohn reempale his death , an 1006 , after richard fitz-iames 2 yea●es , an 1235 , the bishopricke of e rochester , after ●enry de sand●ords death , was va●●nt 3 yeares , an : 1277 , 2 yeares a●●er walter de merton 1316 after thomas de waldham 3 yeares , an 1401 , as long after iohn boltesham● anno 1535 , after iohn fisher 2 , yeares , an : 1557 , the new created bishopricke of oxford , after the decease of iohn king first bishop , there , was vacant 10 yeares , an 1568 , af●er hugh carrow the 2. bishop it was voyd 21. yeares together . an 1592 , after iohn vnderhill the third bishop it continued void 11. yeares , so little want was there of a bishop in that see , an● 1559 , the new created bishopricke of oxford , after iames brookes the third bishops death was vacant three yeares● an 1578 , as long after edmond cheyney . an 1558 , the new created bishopricke of bristoll , after paul bush the first bishop was vacant 4● yeares● an : 1578 , 3 , yeares after richard cheyney which see continued void otherwise then by commendani 31 yeares together . anno 1593 , it continued vacant 10 yeares together . so little need was there of a bishop in this see , f an 1397 , the bishopricke of st. davids after iohn gilberts death , was vacant 4. yeares , an : 1592 after marmaduke middleton almost 2 yeares : an : 1133 , the bishoprick of landa●●e upon vrbans decease was void 6 , yeares an : 1183 , after nicholas ap georgant , 5 , yeares an : 1240 , after elias de radnor , above 4 , yeares , an 1287 , after william de brews 9 yeares : an 1213 , the bishopricke of bangor after robert of shrewsbury was vacant 2 yeares , an. 1374 , as long after iohn gilbert , an : 1378 , after iohn swaffham 22 , yeares● an , 1266 , after 〈◊〉 the 1 of bangor , that see was vacant two yeares , an : 1313 , after lewelin 6 , yeares , anno : 1406 , after iohn trevane 5 , yeares , an 1439 , after robert 5. yeares , g an 1017 , after aldhunus of durham , that see continued void above 3 yeares , an 1097 , as long after william carlaypho an 1140. after geoffry rufus above five yeares , an 1207 , after philip of poitiers , above 10 yeares , an 1226. above 2 yeares the king threatning the covent that they should have no bishop in 7. yeares , an , 1237 , after richard poore 2 yeares . an : 1249 , the king threatned to keep it vacant 8 , or 9 , yeares , till ( ethelmare his halfe brother ( whom he commended to the monkes election ) should be of age . an 1505 , after william severus 2 yeares , an 1587. after ri● ba●n●s , almost 2 years an : 1577 , the bishoprick of chester was vacant two years . if then all our bishoprickes in severall ages have been void thus , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 10 , 15 , 17 , 20 , and 30 , yeares or more together at divers times ( to omit all annuall vacancies ) without any prejudice to the church or state , and with great benefit to the kings of england , who enjoyed the temporalities in the meane time , t●en certainly bishops are no such necessary creatures of divine institution , but that we may spare them all together , for if we may want them 2 , 3 , 5 , 9 , 10 , 15 , 20 , 30 , yeares without prejudice , why not an hundred ? why not 500. yeares ? yea why not altog●ther , as they doe in all reformed churches , who have quite cacashierd them long agoe ? when as no church can spare or want their pastors and ministers that are of gods institution above 6 moneths , at most h after which if the patron present not in the interim an able and sufficient clerke the ord●nary by the common law may collate , and may seqnester , the profits in the meane time for the officiating of the cure , which must be at no time intermitted or neglected because of divine institution , and so absolutely neces●ary which the bishops are not● i shall close up this discou●se with a m●morable i resident of the d●nes , an dom , 1537 christian the third king of denma●●e , removed and suppressed by publike edict , all the bishops of his kingdome , for their intolerable treasons & rebellions , abolishing their bishopricks as contrary to our saviours institutions , ( the meanes that made them , idle , proud , ambitious , unpreaching ●relates , and seditious t●echerous rebels to their ●rinces , and in stead of 7 , bishops of de●mark , he instituted 7 , superintendents to execute the office of bishops , to give orders to others , and execute all ecclesiasticall af●ai●es , which 7 , superintendents , ( aug●st 26 , 1537. ) ●eceived ●heir ordi●ation from iohn bugenhagius ( ● p●otestant minis●er ) in the cathedrall of h●sina , in the prese●ce of the king , and se●ate of the kingdome , lo ●e●e all bishops cashiered as false rebellious traytors to their soveraigne , ( as they have ever been in all states and ages , the●e having been more noto●i●us traitors rebells , and conspir●tors , of bishops then of all other ranks of men in the world ( as i ●m able to ma●e good ) as contr●ry to divine institution , and see not iure divino , as they now bo●st , and superinte●dents ordained by a meere ●●es●iter in their stead , to conferre orders unto others in all the danish churches . in the beginning of reformation in germany and other places , luther and other ministers usually ordained deacons and ministers , and set out bookes of t●e manner of ordination without any bishops assistance , which power of ordination and imposition of hands hath , ever since been pr●ctised by ministers in all reformed chu●ches which have abandoned bishops ( such as ours are and ma●e themselves as contrary to gods word , ) ●atrick adamso● ( ar●h-bishop of st. andrews in scotland , ) in his recantation publickly made in the synod of fi●●e , ( aprill 8 , 1591 , ) con●es●eth , that this office of a diocesan bishop omne ●uthoritate verbi dei destituitu● & solo politico h●minum c●n●mento ●u●datur is destitute of of all authority from gods word , and is onely ●ounded in the politicke figment of men , out of which the primacy of the ●ope or antichrist ●ath sprung , and is worthily to be condemned , bec●use the as●embly of the ●●esbytery penes qu●m est j●risdictio & inspectio●●m in visitationibus tum in ordinationibus , which having the jurisdiction and inspection , both in visitations and in ordinations , will performe all these things , with greater authority , piety , and zeale , then any bishop whatsoever , whose ca●e is for t●e most part , intent not upon ●od or his ●●●ction , but t●e world which he especially serves , a 〈◊〉 bl●w to our prelates hie●achie . for i● bishops be not iure divino and have no ●oundation in the word of ●od , the● the power of ordinatiō belōgs not ●to them iure divino as they a●e bishops neither can do or ●ught , they to con●e●●e orders as bishops but ●rely as they are ministers : and if so ( as is most certaine , ) then this power of ordination belongs not at all to bishops as bis●ops , but only as ministers , and every minister as he is a minister , ●ath as much right and authority to give o●ders as any bishop whatsoever , the true reason why even among us at this day , ministers ought to joyn with the bishop in the imposition of hands , neither can our bishops ordaine any one a minister , unlesse 3 , or 4 , ministers at least , joyne with him in the ordination and laying on of hands . this being an apparent ●●uth , i shal hence from the bishops owne principles prove presbyters superior and greater then bishops , in jurisdiction dignity and deg●ee . these , say they , to whom the power of ordination belongs of right are ●●eater in jurisdiction , dignity , ●●d degree then those who have not this power , and the ordainer higher in all these then the ordained , but the power of ordination belongs onely jure divino to ●resbyters as presbyters , not to bishops , as to bishops themselves , not , as bishops , but presbyters and bishops when they ordaine in a lawfull manner , do it onely as presbyters not as bishops . therefore presbyters are superior to bishops in jurisdiction , order , and degree , and bishops themselves ●arre greater in all these● as they a●e presbyters , an office of divine ●●nction , then as they are lordly prelates or diocesan bishops , a meer humane institution . thus are our great lord bishops who vaunt of the weaknesse of puri●●ne principles , whereas their episcopall are farre more feeble and absur● , wounded to death with their own weapons , and all their domi●eering , swelling authority overthrowne by that very principle , and foundation on which they have presumed to erect it , the ancient proverbe being here truly verified , vis ●●nsilij ●●p●rs ●ol● ruit s●● . i shall close ●p this with the words of acute a●t●●ius s●d●●l , who after a large proof of bi●●ops and presbyter● to be both ●ne and the same by divine institution , winds up all in this m●nner . we couclude therefore , seeing that superior episcopall dignity is to be avouched onely humane institution , tantum ess● h●m●ni iuris , that it is only of hum●ne right : on the contrary , since it is evident by the express● testimonies of scripture , that in the apostles times bishops were the same with presbyters jur● diuin● p●t●st●t●● ordinandi no● minus presbyt●ri● qu●m episc●pis convenir● , that by god● law and divine right , the power of ordination belongs as much to pre●biters as to bishops . i have now , i hop● sufficiently ma●ifested our lordly prelates , arch-●ishops , dioces●n bishops , distinct from presbyters to be none of gods institution being therefore : none of gods bishop● , as they vainly pretend whose then must they be , not the kings● for th●n they are onely iur● human● which they have publikely ●●s●l●imed i● court● therefore certainly eithe● the popes or the ●evils or both , as many of the recited writers stile thē , for i know no other that can claime or own them : wherfore being neither gods nor the kings , but the pope● or devills● or both● what remaines but that now at last they should be sp●red out of our church● as no members at all of christs church , or body● but of the devill , pope , or antichrist of rome ( whose limbs and creatures in t●uth they are as mauritius d● i al●●d● , henry k st●lbrid●● and others● expresly resolves , and their actions past all dispute , discover many of them to be ) yea as meere individuum vaginus and meere unnaturall monsters , they being neith●r pastors nor members of any particular church or congregation , as all other christians are beside● themselves . i read in the l great dutch chronicle written by an augustin● frier , that in the year of our lord 1033 , beyond poland there was a strange fis● taken , of the quantity , length , and breadth , and shape of a living man , adorned with a bishop● miter● a pastorall staff , a cassock , a white surplesse , a chessible sandals● gloves● and all othes robes● and ornaments requisite to the dignity of ● prelate , like a bishop solemnly attired and prepared to say divine service● his cassocke might be well lifted up before , and behind , from the feet , to the knees , but not higher● and he permitted himselfe to bee sufficiently ●andled , and touched by many● but especi●lly of the bishops of that country● which fish being presented to the king , and demanded in the language of that country● and of divers other● nations who hee was , and answering ●othing , albeit he had opened hi● mouth , giving reverence and hono●r to the bishop● that were there in the kings presence , one monster and dumbe unpreaching beast● saluting and respecting another , the king being a●gry when hee had determined to commit him to prisō● or shut him up i● sōe strōg tow●r , the fis● being very sorrowfull at this newes , thereupon closed his eyes and would by no meanes open them untill the bishops , of that kingdome ( m kneeling downe before the king in the fish●s prese●ce , had with many prayers intreated and obtained of the king that he should be sent backe againe alive to the seashore● where hee had been taken● that god whose workes are incomprehensible might shew his nature and acts , least otherwise a plague should there ensue , both to the king and his subjects , which their suit the king had no sooner granted , but presently the ●oresaid monster opened his eyes , giving great thankes as it were to the king , and especially to those bishops . after with a chariot being prepared to carry the fish backe againe , the fish in presence of an infinite multitude ( of both sexes ) ascending into it in a decent manner with the said bishops , ●ate down between them like ● domestical tame creature endued with reason . the bishops whiles they were yet f●rre off from the sea , descended out of the chariot , and the fish like●●se ●omming downe from the chariot by himselfe , stood upon his feet and began to walke between two bishops , putting one of his hands upon one bishops shoulder● & the other upon the other bishops ●houlder , ( so lovingly ●id these monsters embrace on the other ) as if he had been● a reasonable creature , neither wondred he or was he moved with the tumult of the people● who flocked round about thē , but walked modestly . when he was come to the sea-shore hee courteously beheld the bi●hops and rout of people there present and craving leave to depart of the bishops with all humility , by the gesture of hi● body , and obtaining it he thereupon went into the sea-water . and going into the water , on his feet as high as his belly ( the se● being hard ●y to deep for him to wade in● turning himsel●e towards the bishops , and people expending the end of this matter he bowed downe his head in a most humble manner● bestowing a blessing on them with his right hand in forme of ● crosse● and fo●thwith descended into the depth of the sea after which he was no more seene of any man . thus the historian ve●batim . now what should i make this strange dumbe devill or monster , in the shape , the habit and attire of a lordly bishop , so courteous loving , and ●●miliar towards these lordly bis●ops● and they re●iprocally thus to him , or what doth or could all this pretend but that lordly prelates with their pontificiall masse-array , and muming disguises are meere monsters in gods church , and for the most part as mute as thi● dumbe or other fishes in the pulpit opening their mouthes wide oft-times , to bite , yea devoure their fellow brethren , and god● faith●ull people with their teeth like so many ravening wol●es or sea monsters , but seldome or never piously to instruct thē wth their diligent , pious , gracious preaching tongues , and that therefore they shal one day and i hope that day is now at hand , ) with all their anti-christian pompe , pride , vestments , trinkets , and masking massing disguised , be eternally cast out of the church of god , sent backe againe to ( the sea of rome ) from whence they came , and there so utterly drowned , that they shall never be seen nor heard of more in our or any other true christian church . this hath beene already fulfilled , not long after the appa●ition of this monster in n denmarke , and most of the reformed churches beyond the seas , which cast out their lordly prelates , as meere anti-christian , dumbe , mishappen , ravenous monster , , devouring christs deare flocke , and likewise in biscaie among the papists o where bi●hops a●e so execrable , to the people , that they will admit no bishop so much as to come among , them or enter into their territories , ( such terrible mons●ers are they ) insomuch that when ferdinand the catholicie came in progresse thither accompanied among others● with the bishop of pamp●line , the people ar●se in armes , draue back the bishop and gathering all the dust which they thought he had troden on● and ●lung it ●nto the sea . and certainly their late intollerable ty●anny , pride , amb●tion , cruelty , oppression , cove●uous●es , poperie , secularity ( for now they are altogether secula● , not spirituall lords , iniustice malice , persecutions , impieties , and monstrous prophannes , haue deservedly made our bishops as detestable as execrable to all sorts of english men ( who now groane and languish under these outragious dumbe silencing and silent monsters , ) as ever ●hey were , or are to bis●ane●s , so as we shall doubtlesse shortly see their fatall finall ruine who now seeke nothing but the utter overthrow both of our church , our state , and our religion , as i will make good , at my uttermost perill , to all their faces , and proue it to their shame . we know , that two of their cathedrals , ely & chichester , where bishop white and mountague , two late innovaters and champions of the prelates , lord it , were lately s●attered & much of them blown downe , and that the bishop of lincolnes chaire with the fall of his study of bugden shattered all to peices , with a poore despicable instrument a suddaine unexspected blast● of wind , all in one day on novemb. 4 1636. what is this and their present great wrath , and malice against gods people : but a certaine prognosticke , that p their time and lording tyranny is short , and their totall finall ruine neer at hand , though to carnall reason it seemes impossible : and that a suddain unexpected puffe of wind , ( even the prayers , c●ie● , and teares , of those many godly ministers , and poor christians they haue lately si●enced , persecuted , oppressed , and still proceed to vexe and greiue with all despite and cruelty , not withstanding all god● plagues , all late discoveries of ●heir vilenes , tyranny and injus●ice , shall shortly and suddainly overturn their lordly chaires , throw downe their epicureous sees , dismount their mushrom lordships , unexspectedly sprung out of the earth , the dunghill , and swoln so great with pride and ambition , that they will bee all head , yea heads and lords over all in church and state affaires , and dash ( q , these babilonish brats of rome in peices so as they shall never recover or get head againe . in the mea●e time i shall pray and conclude all in the words of our english letany● from all our lordly prelates evill and mischiefe , from the crafts and assaults of the devill , ( who rules and workes both in and by them ) from their wrath and unjust damnations , in any of their courts and high●commissions , meere spanish inquisitions , ) from all their blindnes of heart , their pride vaine glory● and hypocrisie , their envy hatred , malice , and all their uncharitablenesse , from all their sedition & priuy conspiracy ( with rome priests iesuites and betweene themselves● to ruine , & root out our faithfull preaching ministers and religion , and set up popery ) from al their false doctrine and heresie● ( both in presse and pulpit , ) from their hardnesse of heart , against their poore persecuted and oppressed brethren , against all gods mercies , threatnings , iudgements , a●d plague● of late inflicted ) and from all their contempt of gods word and commandements● in suppressing the frequent preachers , and preaching of the one , and most insolent violation of the other , especially the 2 , 4 , 6th command●men●s , by setting up altars , images , crucifixes , crosses &c , & bowing downe unto them , by idolizing their owne canons● ceremonies , an● romish fopperies , by maintaining the open prophanation of gods holy sabbath , with all heathenish sports and pastimes● and spurring men on headlong to this sinne , and starving , murthering the very soules of thousands of gods people , by robbing them of their ●pirituall ●ood , and encouraging them to al sin and dissolutenes . ) r good lord deliver us and le● all the people say amen . finis . notes, typically marginal, from the original text notes for div a56148e-90 * histo●y of the councel of trent : edit , 3. p. 589 , 590 , 591. to ●16 . * idid . p. 59● see m●●i●● de sacra . horm . origine et cont. l. 1. c. 5. * ibid. p. 589. * ib. 591 . 60●.606 . * de clericis . l. 1. c. 14. * history of the councel of trent : p. 220. (a) pag. 220.330 . to 335. an excellent considerable place . (b) glossa , decret. distinct . 93 c. legimu● . * in iohn crespin . l'estate de leglise f. 254. * both cite●●y bishop vs●er , d● b●ittanicarum eccles. primo● diis , p. 800. * henric● 〈◊〉 man , 〈…〉 tom. 1 p. 31● * itinear , l. 2. c 13. * fratres sic facit iesus h●di● , multos si●i elige●● dia●olos episc●po● . in gone●● . rhemensi s●imo . * in the epistl● dedica●o●y befo●e the vnbishoping of timothy and titus . (a) les fl●wrs de● vies des so●●cts : part 1. parisiis : 1637. p. 500. (b) ribadenerra ibid. p. 3●8 . * idem ibidem , p. 313. * idem ibidem , p. 303● 304. * idem ibidem , p 358. * iohn crespin lestate de ●eglig● , f , 29 , with platina , anas●a●ius , and balz●● i● h●s life . (a) iohn crespin ●● . p. 59. brit. eccles. a●tiqu● p. 620 , 621 , 625 , 633. (b) crespin ●b . p. 266. (c) crespin p. 405 , 40● (d) c●espin p. ● 404. c●e●pin . p. 587. gal●●●●u●monumetensis . l 9. c. 15. ●●rald●● cambr. li 2. c. 4. ia●●bus vsse●●● de ecclesiarum britt●a . primordin , p. 81.532.538 . idem . p. 876.1012.1140 . (d) the annals of i●eland i● camdens bri●●●nia , p. 169. * relation of ● con●erenc● , p. 169 in the margin . * 31. h. 8. c 9.33 h. ● . c. 31.34 . h. 8. ● . * in his britania p. 160.161 . and ireland , p. 73 , 74. * rastall du●ham : f. 149. camdens brit. pag. 736 , and godwins catalogu● of bishops , p. 533. * chapter of the sacrament of o●de●s . * 27. h. 8. c ● 3● . h , 8 , c. 1● . ●● , ● . ● . 14. * cromptous iurisdiction , ● , 12 , b , stamford plee . d●l corone l , 3 , c , 1 , ● , 153 , ● , 3 , ● , 3 , p , 161 , 33 , 1● . ● . br , trial , 142 , (b) cromptons iurisdiction of courts , f , 12 , b , (c) bishop white bishop morton , arcshbishop laud , and bishop hall , in the t●tles of ●heir late books , * io , e , 4 , f , 6 , br , crown 153 , stamford plee● , l. ●pet●us ●l●sonsis de institat . episc●pi ●●bl , part , tom , 12 , p , 941 , 943. (c) fox acts and monument● in the old edition , p. 748. 901 905 , 9●7 b 1706 , b , i , 17 , b , * so cr●mt●n quotes it . but it ●s in his defence of hi . apology , at pa●t 6 c. 2 p. 5 , i 522 * crompto●s iuri●diction of cou●●s f ●9 b. * of the true dif●e●ence between chri●●ian ●ubjection● and antichristian ●ebellion , pa●t 3 , p , 541 , 542 , 543 , (q) for acts & monu●ent● lond. 1●10● p● 624● 625● ma● . ● . 13 . luk. 14.35 . notes for div a56148e-4920 (a) 1 〈◊〉 . 2 , ● , ●4 , 4. iohn 10 , 1.2 , 3. notes for div a56148e-5220 b suriu● cōcil tom. 2. p. 719. c surius● tom. 3 , p● 299.302 309 d suriu● tom. 3 , p. 4 , 5. notes for div a56148e-5890 e apud bochellum decreta eccles gal l 3. tit. 2. de ordinie c : 4 5. * see c●●su●●a u●ta●tis pa●●●ien●is 〈◊〉 16.31 . p. 16 21 24 . 2● , 37 * cens●rae pa●isi●nsis p , 40 , 48 , 49 , 60 notes for div a56148e-6800 (m) in his letter to sir fran●is k●ol● notes for div a56148e-8610 (n) antiqu●●ates e●ol●sia brit. & godwin in thi● life , speeds history p. 463. obiect 1. (o) thomas vvaldensis tom : 3 , c. 60 , 61 , 62. rhemists notes ●n phil. 1.1 : alphonsus de castrò advers. h●r . tit. episcopus . harding in bishop iewel , p. 196.202 . with others● (p) sacramia contra bezam bi●hop bancroft in his se●mon at paules crosse , bishop downeham in his consecration sermon , bishop vvhit● and others in t●e censure of doctor bastwick● , bishop bridges defence of governeme●● . p. 26● , 373 , 44● . (q) origi●um l , ● , c , 5 causa ● . qu , 3 , (s) see appendix catalogo testium veritis endmerus hist. novorum l , 2 3 , p , 34 , 36 , 50 , 71 , 97 , 109 , 110 , 112 , 131 , 132 , godwi●● catalogue of bishops , p , 74. ●1 , 84.106 , 437 , 516.525 , aventinus armak , boicorum , l , 3 , p. 214 , 219 , and heretofore p : 9● . 93 , 103. t ●●i●● . ad ev●●r●● & 〈◊〉 , in ti●● 1. tom. 1 c●ntr . 5 , l , 1●● , 15. ● . w ad ra●ione● 10 camp●ani respons● p. 51 , obiect . ● . x epist. 5 , 6 , 7 8 , 9 , 10. espenc●us digresi . in tim. l 3 , c , 1 , 2 , 3 a●s●er . y c●ci censu●● p , 5● , &c. z heb , 7 , 24. a heb. 7 : 17 , ●1 24 , 28 , 1 p●t , 2 , ●9 . b matth. 28 , 20. c isiodor ●●isp : de eccles. o●●●● cii● l , 2 , c , 17 , amalarius ●or●unatus de eccles● officij● l● 2 , c , 13.6 d epist , 5 , 6 , 10. e epist. ad enagrilem & in tit. 1. quid ve●● s●c●●do●ium aliud estquam sacerc●●as consiliary & assessorores e●iscopo epist : 5. g can , 35 , collegam se presbyterorum ess● cognos●at● h epist 5 6 7. i subjecti esto●e presbyteris & diacon●s sicut deo et christo ibid● k see espen●●us digress . in ti● l , 1 , c , 12 , 3. l epis●l . 5. m see coci censura p. 61.62.63 n esp●encaeus digres , in ti●●l , 1 ●● 1 . 2● o rom. ● . 9 . p institution of a christian man ch. o● orders , q see g●d●in● co●aloge● of bishops chytr●●●●● an s●xoni● , p. 23.31.226 , 615.616 , 617. cent. ●agd . 8. col . 786 , 794 , s. ●● . eccles. tu●● l , 5 , c. 8 , evag●●●● ec●l●s● 〈◊〉 l , 2. c 4 1●eadiner●●●nst novorum l , 4 ● 95.96 , et seld● ni spicelagium ibid p. 209.210 , 211 , 21● r see 31 , h 8. c. 9.33 . h , 8 , c 31 , 34 , & 35 , h , ● c , 17 , & the ●atents of the creation of the bishopricks of ox●ord , bristol● glocester and chester . s see antiqui●atae ecclesia brit. godwins catalogue of bishops cranthius metr●p . chytraeus ●hron . saxoniae & ●●entinus anuall l 5 6 , 7. pass●● . t chytraeus ●●on saxoniae ●● p 339 340 , l 11 l 14 15 , p. 241 43● . 434 435. u god●● 1 calog●● of bis●op . ● p , 52 , 53 , 55. ●● 57 , 58 , 59 , 76 , ●1 83 , 84 , 111 , 11● 114.119 , see malmesbury d● g●stis pon●●●icum anglia antiquitates ecclesia br●t●an●●●● mat●hew wo●mins●er , matthew paris , hav●d●n ●alsingham and others accordingly . v god●in p 559 579 587 5●8 599 , 607 , 608 , 623. w ●odwin p , 183 184 , 189 , 190 , 191 , 196 , 202 , 224 , 227 , 229.230 244 245 , 247 , w god●in p , 255 , 256 , 261 , 262 , 2●4 , 265 , 266 , 275 , 277 , 279 , 181. x ●●dwin p 1294 29● , 297 , 308 , 309. y godwin p , 317 , 31● , 319 , 321 , 3●2 , 343 , 3●● , ●2● . z god●in p. 337 33● , 344 , 345 , 3●5 . 356 . a godwin p 364 365 , 368 , 360 , 383 , 385 , 386. b god●in p , 396 398 , 420 , 421 429 , c godwin p , 439 440 , 444 , 44● , 446 , 449. d godwin p , 453 454 , 455 , 460● 561 , 473 , 478 , e ●odwin p , 484 485 . 4●6 , 48● 488.452 , 496.501 , 502 , f godwin p. 512 514 , 530 , 536 , 558 , 547 , 549 , 531. g godwin p , 634 644 , 647 , 651 , 652 , 653 , 656 , 667 , 671 , 685 , 6●6 . h rostall advi●son 1 , 2 , concil● lat●ran●nsis 2 can. 29 , s●●ma angelicae ben●ficium sect , 31 summa rosella beneficium 1 , i d● pra●●ll●nti● episcopal●● dignitatis l , ● . ● , 1 , sect , 21 , & ● . 8 , sect , 29● k henry s●albridge his ex●ortatoris ep●stle iohn ball n●● image of both churches . l magnum chro● b●lgicum a●●● 1433 , p. 374. m one monster ininterceeds for anothers safety , but ●id they ever so for a good pious christians life or liberty ? n chri●●au● chron , saxo●i● l. 11 , p 33● , ●40 , ●41 , l , 14 , & 15 , p , 412 , 43● , 4●4 , 4●5 , o peter heyl●ns geography . edit. 3 , p. 55. p rev , 12 , 12. q psal. 137. ● . 9 . r psal. 10● , 4● , ● a new discovery of some romish emissaries, quakers; as likewise of some popish errors, unadvisedly embraced, pursued by our anticommunion ministers. discovering the dangerous effects of their discontinuing the frequent publick administration of the lords supper; the popish errors whereon it is bottomed; perswading the frequent celebration of it, to all visible church-members, with their free-admission thereunto; and prescribing some legal regal remedies to redress the new sacrilegious detaining of it from the people, where their ministers are obstinate. / by william prynne of swainswicke esquire, a bencher of lincolns inne. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91228 of text r203274 in the english short title catalog (thomason e495_2). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 137 kb of xml-encoded text transcribed from 30 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91228 wing p4017 thomason e495_2 estc r203274 99863276 99863276 115466 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91228) transcribed from: (early english books online ; image set 115466) images scanned from microfilm: (thomason tracts ; 78:e495[2]) a new discovery of some romish emissaries, quakers; as likewise of some popish errors, unadvisedly embraced, pursued by our anticommunion ministers. discovering the dangerous effects of their discontinuing the frequent publick administration of the lords supper; the popish errors whereon it is bottomed; perswading the frequent celebration of it, to all visible church-members, with their free-admission thereunto; and prescribing some legal regal remedies to redress the new sacrilegious detaining of it from the people, where their ministers are obstinate. / by william prynne of swainswicke esquire, a bencher of lincolns inne. prynne, william, 1600-1669. [2], 56, [2] p. printed for the author, and are to be sold by edward thomas in green-arbor, london : 1656. with a final errata leaf. annotation on thomason copy: "7ber 11th". reproduction of the original in the british library. eng catholic church -controversial literature -early works to 1800. society of friends -england -controversial literature -early works to 1800. lord's supper -church of england -early works to 1800. great britain -church history -17th century -early works to 1800. a91228 r203274 (thomason e495_2). civilwar no a new discovery of some romish emissaries, quakers;: as likewise of some popish errors, unadvisedly embraced, pursued by our anticommunion prynne, william 1656 22121 411 0 0 0 0 0 186 f the rate of 186 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 aptara keyed and coded from proquest page images 2007-10 elspeth healey sampled and proofread 2007-10 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a new discovery of some romish emissaries , qvakers ; as likewise of some popish errors , unadvisedly embraced , pursued by our anticommunion ministers . discovering the dangerous effects of their discontinuing the frequent publick administration of the lords supper ; the popish errors whereon it is bottomed ; perswading the frequent celebration of it , to all visible church-members , with their free-admission thereunto ; and prescribing some legal regal remedies to redress the new sacrilegious detaining of it from the people , where their ministers are obstinate . by william prynne of swamswicke esquire , a bencher of lincolns inne . john 10. 10. the thief cometh not but for to steal , and to kill , and to destroy . chrysost. in mat. hom. 49. ex ipsis veris ecclesiis frequenter exeunt seductores . propterea nec ipsis omnino credendum est , nisi ea dicant , vel faciant , quae convenientia sint scripturis . august . contra faustum manich. l. 19. c. 10. in nullum nomen religionis , seu verum , seu falsum , coagulari homines possunt , nisi aliquo sacramentorum visibilium consortio colligentur . london , printed for the author , and are to be sold by edward thomas in green-arbor , 1656. a new discovery of some romish emissaries , quakers and others ; as likewise of popish errors , practices lately embraced , pursued , avowed by some zealots , and grand deformers , in secluding their parishioners sundry years from the holy communion of the lords supper , &c. the sad complaint of old , to and of consta●tius the arrian emperour , ( who a made his exorbitant will , the only law , and used this papal speech to paulinuis , and other orthodox bishops convented before him for refusing to communicate with the arrians upon his command , as being against the ecclesiastical canons : at quod ego volo pro canone sit : ita me loqu●nter 〈…〉 sustin●nt ; aut ergo obtemperate , aut vos quoque exules estote ) made by st. hilari● concerning the s●●…quent changes of the christian faith , and multiudes of religions under his arbitrary tyrannical government , viz. b faith is come now , rather to depend upon the time , than on the gospel . our st●●●… is dangerous and ●●● serable ; that we have now as many faiths as wils , and as many doctrines as manners , whiles f●●●●… are so written as we list , or so understood as we will . we make every year , and every month , a new faith , and still we ●●ch a faith , as if there were yet no faith ▪ c this o constantius would ●●am know of thee , what faith 〈◊〉 length thou believest ? thou hast changed so often , 〈…〉 know not thy faith , that is ha●●ed to thee which useth to follow unskilfull builders , ever disliking their own doings , that thou still pullest down that thou art still set●ing up thou subbertest the old with new ; and the new thou rentest in sunder with a newer correction ; and that which was 〈◊〉 corr●cted . thou condemn●st with a second correction . o thou wicked one , what a mockery dost thou make of the church , & c ? may now be the dolorous just complaint of every sincere english christian , touching the manifold changes of faiths , the multiplicities of religions in our vertiginous , unstable , arbitrary and tyrannical age ; wherein too many of all degrees , make their own exorbitant lawless wills , the only laws , canons by which they act ; making faith to depend rather upon their pleasures ( yea worldly designs ) than on the gospel ; setting up of late years amongst us as many faiths as wills , as many doctrins , opinions , as we have manners , sects ; coyning , venting , professing , what new faiths they list , and understanding our antient creeds as they please to interpret them ; new-making , or at least imbracing a new faith every year , if not almost every month ; running from one new sect , faith , opinion to another , still seeking after the newest faith , as if they had quite lost the old ; changing so often , that none know of what faith or sect they are ; being one month . presbyterians , the next independents , the 3d. anabaptists , the 4th . quakers , the 5th . ra●●ers , the 6th . seekers , the 7th . arrians , anti-trinitarians ; the 8th . socinians , the 9th . arminians , the 10th . antinomians , the 11th . antiscripturists ; & the 12. professed atheists . subverting their old church , religion , faith , sect , with a new one , that new , with a newer , that newer , with the newest and last broached , ( as our fashion-mongers change the shape of their garments ) till they have utterly lost all faith , piety , religion , conscience ; and made the church of christ a meer mockary ; yea christ himself , a fable . neither are they lesse giddy or unstable in their state-mutations than in their ecclesiastical or religious , still changing from one mishapen new-model to another ; so as what d aelianus records of the sicklepated seditious athenians ( the first inventors of new state governments ) is as really verified of these english innovators . athenienses omnino ad commutandos re●publica status eran● versatiles , & omnium prop●●sissimi ad vicissitudines , &c. in which respect e st. james his character of a double-minded man , unstable in all his ways , is now become their proper●st motto , unlesse they like f st. judes better ; these be spott in your feasts of charity , feeding themselves without fear : clouds they are without water , carried about with winds : trees , whose fruit withereth , without fruit , twice dead ▪ plucked up by the roots : raging waves of the sea , foaming out their own shame . wandring stars , to whom is reserved the blacknesse of darknesse for ever : murmurers , complainers , walking after their own lusts , &c. these be they who separa●e themselves , sensual , having not the spirit ; though they proclaim themselves , the only saints having the spirit ; which i grant most true , if meant of g the spirit of error ; or that h spirit of perversities ( or gidd●nesses ) he lord mingled in the midst of aegypt , and the princes of zoan , which caused aegypt , ( and now england ) to erre in every work thereof , as a drunken man staggereth in his vomit . that subtile romish * seducing emissaries , jesuites , franciscans , popish priests , friers of all sorts , disguised under the vizors of independents , anabaptists , dippers , quakers , ra●●ers , seekers , soldiers , factors , marchants ▪ artificers , and mechanick professions of all sorts , have been the principal instruments to infuse this spirit of giddinesse into our intoxicated besotted english brains ; the original plotters , broachers , fomentors , propagators of all the deplorable warrs , divisions , errors , sects , heresies , blasphemies , new faiths , changes of government , which have of late years miserably rent both our nations , churches , kingdoms , ( heretofore i happily united● in christian amity , unity , under one hereditary soveraign ) into diverse incoherent pieces , schisms , factions , churches , irreconcilably divided from and against each other ( threatning k our inevitable speedy ruine , without gods infinite , reconciling , reuniting mercy , beyond all human probabilities ) i have at large demonstrated by irrefragable evidences formerly published in l sundry printed pieces : to which i shall adde some other fresh evidences , to open the closed eyes , awaken the drowsie spirits of our infatuated , stupid english nation , and reclaim them ( if possible ) from those ways of desolation , in which they run on headlong , without deliberation , discretion , fear or wit . 1. it is worth our special observation , that in m lancashire and those other northern parts , where popish priests , friers , recusants formerly most abounded , there our last , newest , up-start sect of quakers first sprung up , and now most of all abound ; sending out their popish romish emissaries thence into all other parts of the realm , to seduce the people , and openly to revile , traduce , affront , disturb our ministers in their churches , pulpits , houses ; in going to , returning from their churches , and in the open streets , in a more insolent manner , and with greater impunity , than ever the popish priests , friers , or papists in those parts , affronted , reviled , disturbed them heretofore , when they were most countenanced or connived at by our late kings , or their officers ; being encouraged thereunto by many in greatest authority in those parts , of which i have seen lat● sad complaints in letters of ministers thus insufferably abused , disturbed daily by them , to their great vexation ; not only against n the late statute of 1 mariae , c. 3. but the antient fundamental laws of england before the conquest , o presented to william the conqueror himself upon oath , by the famous grand e●quest of 12 of the principal men chosen out of every county , and ratified by him i● parliament in the 4th . year of his reign ; providing for the peace and quiet of the ministers and people too , against all affronts and disturbances , both in their going to , continuance in , and returning from their churches , or synods , ( as well as to our parliaments , and other courts of justice ) still in full legal vigour ; by which , all such disturbers may , and ought to be fined , imprisoned upon conviction , according to the quality of their offences , as well as p other disturbers , infringers of the publike peace , and bound both to the peace and good behaviour for the future , ere released , with sufficient sureties . 2ly . it is remarkable , that these new quakers were sent from those northern counties , into other quarters of the kingdom , two by two , at first ; no doubt by the direction of their popish provincial , just as the franciscan friers are sent out by their provincial . in the q years 1638 , 1639 , and 1640. there were sundry franciscans , with whole swarms of jesuits , benedicti●s , and other friers sent from forein parts , into england , scotland , ireland , virginia , st. christophers , and other english plantations , to reduce the people back to rome , towards which we were then running post . the original instruments of some of their missions , with sundry of their letters , papers under their own hands and s●a●s , relating their intentions , proceedings , ( seised in the capucins cell , ad●oyning to the late queens chappel at somerset-house , and in mary-land , ( by a sea-captain my client ) where the jesuites erected a new colledge and society , the whole history whereof , and of their proceedings in those parts , was comprised in their letters ) gods providence brought into my hands , when they ▪ and their seduced instruments were most busie in reforming , new-modelling our church , religion , parliaments ▪ realms , government , after the prescribed patterns of robert parsons the jesuit , thomas campanella the frier , and richelieu the french cardinal ; as i have r elsewhere demonstrated beyond contradiction . the chiefest of these instruments , letters , papers ( of great concernment to our church , state , religion ) i intended long since to have published : but s jo. bradshaw and his whitehall associats ( out of their transcendent zeal to our religion and republike ) in the end of june , 1650 , by special warrants directed to soldiers , plundred me of those , & all my other papers , letters , writings , records in my study at lincolns i●ne , and at swainswicke , which they could seise on ; and then shut me up close prisoner under strictest armed guards , in 3. remote castles , near 3. whole years , without any particular cause then or since expressed , or the least hearing or examination of me , only to hinder my discoveries and publications of this nature ; whiles these romish emissaries , in the mean time , wandred freely up and down throughout our dominions without restraint , t published many thousands of popish , heretical , blasphemous new books ; and some of them were souldiers in pay in their very guards ; no doubt to help extirpate popery , superstition , heresie , schism , and for the preservation , defence , and reformation of the protestant religion , the preservation of the rights and priviledges of parliament , the liberties of the kingdom , t●e honour , happinesse , defence and preservation of the kings majesty and his posterity , according to the u tenor of the solemn league and covenant , the quite contrary way ; and promoting their new engagement , diametrically repugnant thereunto . yet , notwithstanding all their diligent searches , by gods providence , they left one of those original popish missions in parchment , under seal , undiscovered , ( which i lately found in my study at l●●colns inne ) whereby two franciscans were sent by their provincial of bri●ain , in the year 1639. to st. christophers , and other western ilands where we had plantations ; who ended their progresse at somerset-house , ( where this instrument was seised ; ) which beca●se it may give some light towards the discovery of our quakers missions in like manner two by two , i shall here pri●4t verb●●tim out of the original in my custody ; seen by many of my friends . admodum venerabili patri * f : hugoni ancenisiensi , ordinis fratrum minorum , sancti francisci capucinorum , sacerdoti , * f : r●phael nannetensis ejusdem ordinis , et in provincia britanni● provinc●alis , licet immeritus , salutem , in eo qui est vera sa●us . cum divino incensus amore , et animarum salutis sollicitudine pulsus , ex hac nostra britanniae provincia ad insulas occidentales per longa maris pericula sis vela facturus , ut illius regionis populos in umbra mortis sedentes , in ●ucem veritatis christianae omni cum studio adducere valeas ; nobisque ex regulae seraphyci patris francisci praescripto incumbat , de mittendorum idonietate judicare , et à sancta sede sit nobis concessum , quos ad tale apostolicum munus obeundum dignos censuerimus , illuc dirigere . te , cujus pietas et fervor animi animarumque zelus nobis innotuit , ad id munus , cum salutaris obedientiae merito et rr. pp. definitorum applausu , ad insulam sancti christopheri , martiniam , aut aliam insulam occidentalem ; ibique commorandi , si opus ●nerit , confessiones excipiendi , caeteraque tui muneris apostolici officia exercendi , donec per nos vel successorem nostrum tibi aliter innotuerit ; vna cum v. p. f. epiphanio alenconiensi , in nomine domini mittimus et deputamus . ut autem dignè quantum fierr poterit in tam celebri missione peragenda te geras , omnibus facultatibus per nostra privilegia concessi●● gaudere atque uti , in quantum se extendit nostra authoritas , libenter tibi concedimus . monentes ●e●ut cum omni studio , vigil●●●ia , zelo , alacritate ac fidei fiducia , nec minus p●etate ▪ ac cum proximis evangelica conversatione , quam doctrina , instanter ad hoc eximium , deoque , ac seraphyco pat●i nostro●pra●ciso acceptum opus te accingas . rogamus autem omnes christi fideles , ad quos in itinere te divertere contigerit , aut quorum auxilio , consilio et favore indigueris , ut te tanquam unum obedientiae ●ilium cum omni charitate recipiant ; fidem facientes omnibus praesentes li●eras● inspecturis , de tua in fide constantia , doctrinae puritate , necnon religiosae vitae immaoulata● observantia . vade igitur in pace , deumque pro nobis deprecare . datum in conventu nostro nannctensi die septimo novembris anni 1639. f. raphael provincialis . ims ▪ the seal a●●ixed to these letters missives is oval , near 3. inches in compasse , having st. francis and another friers portraitures cut in it , standing over against each other , with a book held up between them in their hands , and the holy ghost , in form of a dove , standing upon it , with his wings spread abroad over it and them , and a coat of arms at their feet , with this inscription in capital letters round about the seal , sigillum pro. f f. in capuc provinc . britan. lcross ; . those who will diligently compare these letters missives with our quakers missions and practices , may doub●lesse discern a ●ranciscan provincial , and franciscan friers , to be the principal original contrivers , directors of , and activest instruments in their late missions two by two into all our dominions , to distract , seduce the people with their franciscan ten●nts of evangelical perfection , &c. their franciscans coarse habits , h●●ir●●●th , fasts , mortifications , revelations practices , railings against our ministers persons , callings , doctrines , tithes , &c. which i have x elsewhere more largely detected , and y others ins●●●ed on in print , to whom i remit the reader for fuller information . and to this relation of a gentleman lately arrived at bristol from marcelles in france , whose name is mr. charls chester : who informed some persons of credit in bristol , ( from whose mo●ths i had it ) that at his being at marcelles , there came thither two franciscan capuchin friers in their habits , who begged some relief from him and other english there , pretending they were englishmen , newly come forth of england , and travelling towards rome upon some occasions : whom he entertaining with good english beer ( a rarity in those parts ) when they were a little warmed with it , they began to discourse more freely with him upon his demands , how long , and in what parts they had been in england , and what persons they knew there ? they answered , that they had been in england some years space , and particularly in london and bristol ; that they were very well acquainted with sundry particular persons in both places , whom they named to him ( some whereof are the principal male and female quakers in bristol , whose names i forbear ) that they went there under the name of north-country men ( as the ringleaders of the quakers all doe ) but in truth they were irish-men born● ; and when they had dispatched their businesse at rome , intended to return shortly into england again . and upon his first relation he added ; that himself saw and heard them speak to the quakers at the red lodge in bristol● , at one of their meetings there . if we add to this relation , that passage in thomas campanella de monarchia hispanica , cap. 25. ( de anglia , scotia , & hiberria , how to reduce them under the spaniard and pope , by reducing them from kingdoms hereditary , into an elective kingdom , or into the form of a commonwealth , &c. ) where he thus writes of ireland , p. 207. quod in regno illo , seu insula , catholici maxime monachi ordinis s. francisci summopere deamentur , &c. comparing it with the late monstrous increase of jesuites , but especially of these friers and monks in ireland , before the wars there brake forth , in which they were most active , as i have * elsewhere discovered in folio by undeniable evidences , to which i refer the reader : and then compare them with the late extraordinary growth of anabaptists and quakers throughout ireland , who have overspred that kingdom since the wars there ended , by means of those jesuits , & franciscan capucin friers , who turn disguised anabaptists and quakers to undermine our church , religion , ministers , and seduce the people under these disguises , with more freedom , safety , countenance , successe , than ever they did formerly by any other policies , or the open profession of popery ; we may doublesse conclude , that they are the original erectors , the principal ring-leaders , fomentors of these encreasing new sects throughout our dominions ; as ramsy the scotish jesuite ( under the mas● of a converted jew ) confessed in his considerable examination taken at new-castle , printed 1653. p. 4 , 5 , 11 , 12 , 13. and mr. edwards in the third part of his gangrena , p. 99. yea , o. cromwell himself ( a witnesse beyond all exception ) in his printed speech in the painted chamber ( before the last assembly there ) sept. 4. 1654. p. 16 , 27. have published to the whole world . to put this out of further question ; i shall here unto subjoyn one late discovery of an irish francisca● frier , and missionary of the pope , now in prison at bristol , which i shall more at large insist on , and desire all codial well-wishers to the protestant religion , and their native country , to take special notice of . on the 20 of november last 1655. the mayor of bristol examining a malefactor there brought before him , was informed by a by-stander , that there was one walking over against them , whom he saw in this malefactors company , and seemed to him a suspicious person . whereupon an officer was sent to bring him to the mayor ; giving no good account what he was , or whence he came , he was there upon ordered to be further examined and searched . upon which he feigned a present necessity to ease nature , and withdrawing himself for that end to an house of office , the officers attending him , imagining it was but an excuse , to convey away some things he had about him , perceived him to thrust his hand up under his doublet into his bosom , and into the li●ings of his hose , to take some things thence to convey into the jakes . whereupon laying hands on him , and narrowly searching him , they found sundry papers and letters in his hose and bosom ; and these large faculties granted to him by the provincial of the friers minorites , under hand and seal , which i lately transcribed with my own hand before some persons of quality , out of the original instrument it self , ●emaining in the custody of the town-clark of the city of bristol , discovering the quality of the party , and the large popish faculties conferred on him , suited to the present times , most of them worthy our special observation . facultates venerando admodum patri * f. mauxicio conrio , sacrae theologiae lectori , &c. communicatae . i. z reconciliandi haereticos , & absolvendi in omnibus casibus a●censuris , & in bulla coenae domini ▪ omnes etiam ecclesiasticos & r●gulares . ii. dispensandi cum clericis super irregularitate quacunque occasione contracta , praeterquam homicidii volun●arii . iii. tenendi & legendi libros haereticos , & quoscunque prohibitos , ad e●●ectum illos oppugnandi ; ita tamen ut praedicti libri non extrahantur extra regionem . quod si opus fuerit laicis eandem facultatem faciondi , non fiat absolute , sed ad certum terminum majorem vel mino●em , pro ratione personae . iv. administrandi sacramenta omnia parochialia , omissis pro necessitate solennitatibus & ceremoniis solitis , non tamen necessariis . v. ubi breviarium ferri non possit , vel recitari officium absque periculo , recitandi rosarium beatae mariae virginis , vel alias orationes , ac psalmos , quos memoria t●net . vi . consecrandi calices , patenas & altaria portatilia ▪ oleo tamen ab episcopo benedicto : benedicendi paramenta ad missae sacrificium necessaria : nec teneantur inquirere , an altaria portatilia contineant reliquias necne . vii . celebrandi missas , quocunque loco decenti , & sub dio , subtus terram , tribus horis ante lucem hyeme , una hora post meridiem , bis in die , ubi necessitas postulaverit ; & coram haereticis , aliisque personis excommunicatis , dummodo minister non sit haereticus . viii . hostiam consecratam servandi in loco decenti , sine lumine , aliisque ceremoniis quibus utitur ecclesia . ix . commutandi quaecunque vota , etiam jur●●a , 〈…〉 castitatis , & religionis : & relarandi juramenta , modo non fiat ad prejudicium tertii . x. dispensandi ob magnam necessitatem in tertio gradu ; modo etiam ante contractum matrimonium . xi . concedendi indulgentiam plenariam in prima confessione , et quotannis in festis celebrioribus , et in mortis articulo , et quotiescunque gen●ralem confessionem pecca●orum fecerint , etiam indulgentiam 40. aut 50 dicrum ad libitum . xii . imprimendi et edendi libros catholicorum , tacito nomine authoris , loci , typographi , ac reliquorum , non obstante concilio tridentino , modò fuerint approbati à nobis , vel ab atiis per nos delegandis . xiii . dispensandi cum conversis ad ●idem catholicam , super fructibus bonoru●● ecclesiarum malè perceptis . xiv . absolvendi haereticos cujus●ungue nationis morantes in anglia : ●●●tamen ex parti●us in quibus exercetur sanctae inquisitionis officium in foro conscientiae . xv . applicandi piis usibus bona restituend● incertis dominis . poterit ad tertium ordinem administrare , modo instructiones similes et ubique conformes adhibeantur . et habeant registrum nominum roceptorum●annum et diem tam receptionis●quam profes●ionis quae ad capitulum provinciale deferet . de uniformitate fratrum . pro majore devotione● populi ordinatur , 〈◊〉 sacerdotes in celebratione m●ssae grav●tèr ●t religio ● observentur omnia quae ad hoc institauntur in ceremoniis , missalis . in audiendo vero missam observent ceremonias nostrae sacrae religionis , uniformitèr , in quantum ratio temporis permittit ; praesertim in singulis elevationibus , of ●●●entur terram . in recitatione offici● divini , pro more fiat ante altare . in psalmis et lectionibus , sedea● ; * surgendo et inclinando ad gloria patri , &c. surgant etiam a● evangelium , capitulum et hymnos in cor●● altaris . ad magnificat verò , nun● dimittis , benedict●● , te deum , cum collectis , ad medium altaris . post commemorationes ordinis in completa●io ▪ semper dicant , tota pulchraes , &c. in honorem immaculati conceptionis : adjungendo versum ; mem●nt● congregationis tuae . resp : quam possedisti ab initio ; cum collecta . omnipotens aeternè deus custos hierusalem civitatis supernae , aedifica & custodi nos et ordinem nostrum , regem , ●egnum , et domum istam , cum omnibus fratribus habitatoribus suis , ut perpetuum sit in illis domiciliunt salutis , charitatis et pacis , per cuudem christum dominum nostrum : amen . ante missam principalem . pro conversione patriae semper recitentur litaniae lauritaneae . singulis feriis sextis in honore passionis dominicae curent in quantum commoditas loci fert omnes domesticos convocari , et quas letanias ma●ores quae quotidie pro more recitantur , actum con●ritiori● solennem sicut in instructionibus habetur choratim repeti . an act of contrition . o my lord jesus christ , true god and man , my creator and redeemer , thou being whom thou art , and for that i love thee above all things , it grieveth , it greiveth me , it grieveth me from the bottom of my heart , that i have offended thy divine majesty , and i firmly purpose never to sin any more , and to flie all occasions of offending the● , t● confesse my sins , and perform the penance injoyned me for the same . and for th●●ove of thee , i do freely pardon all mine enemies ; and do offer my life , words , & works in satisfaction for the same . wherefore i most humbly beseech thee , t●usting in thy infinite goodnesse and m●rcies , that by the merits of thy precious bloud and passion thou wouldest pardon my offences , and grant me grace to amend my life , and to persevere therein till death . amen ▪ jesus . ut haec omnia prout jacent observentur praecipio , et pro ma●ore firmitat provinciae majori sigillo , et proprio chirographo communio hac ▪ 23. ●eb . an dom. 1654. * fr : dan● a s. joanne mnr. prlis : over against the provincials name there is the provincial seal in r●d wax with a white paper over it , in an oval form ( like the former ) about 3. inches in compasse ; with the picture of st. francis ( as i conceive ) carved in the midst of the seal , and an inscription in capital letters round about the seal , most of which are so bruised , that they are not legible ; but sigillum prov : seems to be ingraven on that side of it which is least defaced ; as in the formentioned letters missives to frier hugo . 1. by these faculties under seal ( written in paper , not parchment ) it is most apparent , that this maurice conry , to whom they are granted , is : first a person of very great note and esteem ; as the manifold and large faculties , powers granted to him ; and the 4. first words , facultates , venerando admodum patri , &c. import . 2ly , that he is by his order , a frier minorite , or capucin , of saint francis order . 3ly , that he is a professor of divinity ; as his title sacrae theolog●● lector , &c. his 3d. faculty , to refute heretical books which he reads , and 12. to print and publish books , &c. manifest him to be . 4ly . that he is a great scholar in the repute of the provincial and others who granted him these faculties ; and himself confesseth in his ex●mi●at●on , that he was a student for two years in the vniversity of paris , and after that went to prague from thence . 5ly , that he is most certanly a seminary priest in orders , as is evident . 1. by his first faculty ; to reconcile , and absolve hereticks in all cases . 2. by his 4th ; to administer all parochial sacraments . 3ly , by his 7. to celebrate masses in all convement places ; yea , in the open ●ields , and in any vault or cellar under the earth ; and that twice a day , if there be necessity ; and that before hereticks and excommunicate persons , at certain hours there pr●●fixed . 4ly , by his 8. to keep the consecrated hostia in a decent place . 5ly , by his 9. to commute any vows , and release oathes . 6●y , by his 11. to hear confessions , and grant indulgences in such form as is there expressed . 7ly , by his 14. faculty of absolving hereticks of what nation soever residing in england : where ( as this clause imports ) he was principally to exercise his priesthood , and all these his faculties . 8ly , by all the subsequent instructions and ceremonies he was prescribed to observe in the saying of masses and letanies . all a●d every of which , by the a canons , missals pontifical , ceremonial and penitentiaries of the church of rome , are proper and peculiar only to their priests in sacred orders , and none others . 6ly , that he hath more than priestly , and no lesse than episcopal power granted him in the 1. 2. 6. 9. 12. 13. and 15 faculties : to reconcile and absolve hereticks , and all ecclesiastical and regular persons : to dispense with the irregularities of priests in all cases but of wilfull murther : to consecrate chalices , patens , altans , and all things necessary for the sacrifice of the masse : to commute vows ; release oaths ; dispence with mariages in the 3d degree ; for the perception of the profits of ecclesiastical goods : to apply goods restored to pious uses ; and to admit to the 3d. order ( the papists b school-men have 7. and their canonists 9. distinct orders . ) all which the c popish canons , canonists , school-men , appropriate only to archbishops and bishops , and not to any meer priests alone , but by a special delegated power from the pope ; as doth the roman pontifical and ceremonial . all which considered , no doubt this frier is a very considerable person , and arch-agent for the pope and see of rome , to reconcile , reduce us back unto it ; therfore fit to be throughly examined and inquired after . and so much the rather , because he confeseth in his examination , he was employed and sent over into england from germany about 3. years since , under the name and garb of a captain and souldier , ( under which no doubt many hundreds of friers , prieds , jesuits now lurk and march freely amongst us ) to raise men in england and ireland , and transport them into flanders for the service of the king of spain ; that he was oft at the spanish embassadors in london , where he served a spaniard ; and that h● received these faculties from a gentleman at the spanish embassadors , to carry to another of his name . besides , he hath 3. or 4. passes writen in french and spanish , from the governour of flanders , and other officers and commanders of the king of spain , under their hands and seals , for his free passage without danger or molestation , and assistance in his affairs , to all under their commands , and for his passage into england : therefore , no doubt , a special dangerous agent , if not spy and intelligencer for the spaniard , as well as a seducing priest and frier , under the vizor of a captain and souldier , as even his own provincial stiles him in a latin letter found about and writ to him , when he sent him some books and these large faculties , congratulating his good successes , and great harvest here , and incouraging him to proceed therein . true it is , in his examinations , he confesseth his name to he maurice co●ry , born at ardkillin in the county of roscomon in ireland ; and that he was a student in the university of paris , &c. but denyeth himself to be the same party mentioned in the● faculties , which were delivered to him by a gentleman ( whose name he knows not ) at the spanish embassadors in london , to carry to another of his name , without acquainting him , where he lived , or how to find him , or any letters to him ; he promising to send him further instructions afterwards ( which yet he hath not done ) where to deliver them to him . but this very improbable figment , that any gentleman he knew not , should deliver a stranger such faculties of importance to carry to another of his name ; without acquainting him where to find him , or without any letters to him , or present instructions where to deliver them ; his sewing them up between the linings of his hose ; his endeavours to convey them into the house of office when seised ; the latin letter directing them to himself under the name of a captain and souldier ; his 5. passe-ports all under the same name to himself alone ( not any other ) found all together with it about him ; with the latin popish treatise found about him , against priests deserting their flocks and pastoral charge in times of persecution , unlesse in some special cases ; &c. besides other circumstances ; infallibly prove him to be the self-same person to whom they were directed , and such a one as they describe him : he being between 30 and 40 years of age , as is conceived , professing himself a roman catholick , and refusing the oath of abjuration . he pretendeth his stay in england of late , and his intended passage to ireland ( for which end he came to bristol ) was to compound for his estate in ireland : which doubtlesse is a fiction ; he confessing he was not there in many years before , and went from paris , where he studied , &c. into germany to seek his fortune ; where he turned souldier , which fortune he would not have sought in germany , had he a fortune in ireland . yea , his last refuge to disprove himself a priest , seems to me a strong evidence against him . after many letters and sollicitations by friends to procure his enlargement without trial , there is a lewd woman sent down from london to bristol with a great belly , and there newly delivered of a child , who avers he is her lawfull husband ; and therefore can be no priest , or frier , having a wife . but there being already some proofs against her , no proof at all when , where , or how long they have been maried , or lived together , she is more likely to be his harlot ( which d popish priests have , or may have all licenses to keep ) than wife . and if any mariage between them can be proved ; it will be e no strange nor new thing for popes to dispence with priests and frie●s mariages in this age , only to secure them from justice , and palsiate them from the knowledge or discovery of the common people , and ignorant officers unacquainted with their disguises : and that if they consider the manifold dispensations granted to this maurice conry in these faculties ; the second thing considerable in them worthy special observation . 1. faculty 3. he is dispensed with the keeping and reading of haeretical books : and hath power to grant the same faculty where there is need to lay-men , for a larger or lesser time , as he shall think me●t , against the f expresse decrees of many popish councils , canons , popes bulls , & indices librorum prehibitorum , et purgandorum . and by such dispensations most jesuites , priests , friers , and roman catholikes in england , keep english bibles , and some protestant books in their houses , and resort to publike and private meetings , to preserve them from detection , apprehension , and sequestration as such . 2ly , faculty 4. he may g omit all solemnities and usual ceremonies in administring all parochial sacraments in cases of necessity , prohibited by h sundry canons , and councils , the roman missal and ceremonial . 3. faculty 5. where he cannot carry his breviary , or recite his office without danger ; there he may rehearse the rosary of our lady , and other prayers and psalms without book : and omit his breviary and mass . against sundry canons , and the rules of his very order . iv. he may consecrate portable altars , without inquiring whether there be any sts. reliques in them . faculty 6. contrary to i popish councils , and the pontifical . v. he may celebrate masses in any place ; in a hall , chamber , barn , wood , field , lane , c●ller , vault , under ground ( as well as in a consecrated church or chapel , where masses by k popes and popish councils decrees are only to be celebrated , and by the romish missal , pontifical , & ceremonial ) facultie 7. vi . he may reserve the consecrated host in any decent place , without a taper burning before it , or other ceremonies used , though prescribed by the church of rome , by l many councils , canons , decrees , missale pontificale & ceremoniale romanum . facultie 8. vii . he may say masse before hereticks and other excommunicated pers●ns , m con●rary to sundry canons of popes and popish councils . 8. he may print and publish the books of catholicks , concealing the name of the author , place of the printer , and other circumstances , non obstante the council of trents decrée to the contrary . faculty 12. and those who will now give such a professed non obstante in positive terms to the council of trent it self , and grant dispensations in all these 8 particulars to their priests , against this and sundry other councils , popes decretals , the very canon of the masse it self , their own pontifical , ceremonial , breviaries , and rules of their religious orders , to disguise their priests , friers , keep them from being detected , convicted , & circumvent , seduce over-credulous protestants of thiefest ranks , as well as the ignorant vulga ; will they not dispense with a priests , jesuits , friers , pretended marriage by collusion , with one of their own religion , or a loose common strump●t , for the self-same ends 〈◊〉 connive at it , if done without a precedent dispensation , as they did at the marriage of father mena , a famous jesu●te in valladolld in spain , anno dont . 1607. who married a spanish lady there , alleging n many proofs out of scriptures and fathers , that priests and jesuits might have wives as well as other men . the story whereof is recorded at large by lew●s owo● , in his speculum jesulticum , london 1629. p. 5 , 6 , 7 , 8. who adds ; that if diligent inquisition were made , and th●t uth known , there would be some english ●a●les and gentlewomen found to be married unto jesuites and o a very many ●hat have had ba●tards by them , especially such as have any good estates or portions , whereof they convey many into flanders , brabant , and other countries to be jesuitesses . there being ( then ) in liege , a sumptuous college built by the english jesuites ; and hard by that two houses of english jesuitesses , &c. the 3. thing observable in these faculties , is , that they make present great neces●ity and danger ( num. 3 , 4 , 5 , 7 , 10. ) the ground of all the precedent , and other dispensations and powers granted to this priest , ( and by consequence to all others lurking amongst us ) against their own councils , popes decretals , canons , missals , pontificals , ceremonials , orders , oaths ; and not only a lawfull warrant to violate them all , but to commute , release , d●spense with any vowes , covenants though sworn , and absolve oath themselves . and let p those , who of late , and present times have in●itated , equallized , out-acted them herein , and justified these their practices , in publike printed papers , pamphlets , upon the self-same grounds , or present great necessity and danger , now sadly consider whose disciples they are , and who have been their tutors herein . the 4. remarkable thing from num . 14 , 15. is this , that these friers minorites have a power now in england , to receive others into their order , society , and p●ofession : a register wherein to record their names , with the dates of the day and year of thei● reception and profession , and their provincial chapters and assemblies , whereunto they are to be sent . and that of all sorts of nations residing in england , ( except span●ards , and such who live under the iuquisition , where it is exercised ) be they irish , scots , french , dutch , italians , &c. and by the latine prayer therein it is most apparent , they have their private houses in england , and other our dominions , whereunto all the friers of this order within certain pre●incts , resort at certain times especially on fridays ( or saturdays ) every week , and use the special prayers and letanies herein prescribed , privately amongst themselves , for the preservation and advancement of their order , house , all their friers , &c. the 5. thing of note therein is , that before the principal masse they are always enjoyned to recite the lauri●an letany ( some late one of that name ) for the conversion of the country unto rome , and popery , here precisely required in positive terms , to which all these other faculties and their endeavours tend . the 6. extraordinary in it , is ; the inserting of most of the ceremonies these friers are uniformly to observe in their masses , into this instrument , taken out of the roman missal , pontifical , ceremonial ; & missale parvum pro sacerdotibus in anglia itinerantibus , printed in quarto , anno 1623. specially inserted after these faculties in this instrument ( as i conjecture ) because they cannot now conveniently carry any missals , breviaries about them , for fear of being detected by them , as the 5. facultie resolves in direct terms . amongst these ceremonies 3 are observable , which our r popish prelates much practised , pressed of late , and some yet observe , and begin to revive amongst us . and that is standing up at gloria patri : bowing ( to wit ) at the naming of jesus , couched in the , &c. relating to it , and clearly prescribed in missale & ceremoniale romana , &c. and standing up at the gospel read . the 7. observable is this , that however these disguised friers seem outwardly to comply with the late and present government and governours to effect their own pernicious designs ; yet they do not pray for them , nor their new republike , though r instrumental in the new modelling of it : being here directly prescribed this ordinary form of prayer , wherein they prefer themselves and their order before the king and realm ( another remarkable ) aedisica & custodi nos & ordinem nostrum , rege● , regnum , &c. the 8. that in the prayers here specified , there is not one syllable of prayers to sts. expressed , and all merits of their own , and justification by works disclaimed , and relying upon the infinite goodnesse , mercies and merits of jesus christ , and his precious blood and passion for the pardon of all sins , insisted on the english pray●r ; yet in the self-same prayer , there is an offer of their lives , words and works , in satisfaction for their sins , ( as if christs merits , blood , passion , were not sufficient ) and a particular manuscript treaty in latine , found with these faculties about him , pleads for merits and justification by works , against justification by faith alone : yea prayer to saints is tacitly prescribed , faculty 5. in the use of the rosary of blessed mary the virgin , and other prayers , and in the use of his beades found with him . the 9. that these faculties and instrument , prescribe confession , absolution , an act of coutrition and penance , as well as masses , altars , and popish ceremonies , where they may be conveniently used , without danger of discovery . the 10 observable is , that these faculties proclaim all protestants to be hereticks sundry times , and ex excommunicate them as such . yet they dispence with this priest , num . 7. to say masse before hereticks , and other excommunicate persons ; so as no minister which is an heretick be there ( for fear perchance he should detect him for a priest , notwithstanding the omission of most of his masse ceremonies here dispensed with ) which i desire dr. drake to take special notice of ; who pleads for the admission not only of scandalous , but actually excommunicate persons to be auditors , and spectators of the celebration of the lords supper , when administred , but in no ease to be actual receivers of it ; as these hereticks and excommunicated persons are meet auditors and spectators , but not receivers of the sacrament in these their popish masses . and thus much for this instrument and those faculties , and the person to whom they were granted ; worthy special consideration , which i shall close up with this observation . that the pope about the year 1637 made choice of 20 capucins to send abroad with entraordinary authority to preach and hear confessions in places he should deem most necessary , and thereupon gives charge to their provincial , with mature advice , with the chief of the fathers of the province to elect sit persons for this special service , which was then done . amongst these one clovet a frenchman , ( usually stiled pere ba●tle ) was elected , and sent forth as the popes miss●onary ( the eminentest of all the rest for piety and learning ) who had 13 extraordinary privileges and faculties conferred on him by the pope , confirmed by his bull ; which he soon after turning protestant , printed at large in french in his declaration , shewing the reasons he had to separate himself from the church of rome , and to joyn himself to the reformed , a sedane 1639. ( whiles i was prisoner in jersey , where i met with this excellent acute declaration ) chap. 17. p. 116 , 117. the 7 first of his faculties there , are the very same in substance , if not in terminis , with he 1 , 2 , 3 , 7 , 9 , and 10. facultie● in this instrument , as i find by comparing them together . whereupon i conclude , that this conry is such an extraordinary missionary of the pope , and hath these unusual faculties granted to him originally by the popes special bull , as pere bastle had then , being one of the self-same order . i shall only give you a brief account of what other papers were found about this maurice conry , with his faculties , and conclude this discovery . 1. there were several latin small treatises found with him , concerning original sin , justification , &c. concurring exactly with the quakers new franciscan tenets : and it would be worth inquiry , whether he hath not been a speaker amongst them , in some place or other , during his near 3 years aboad in england ▪ as well as others of his order have been ? 2. there were sundry physical receits , and chirurgical medicines found about him , most worn and used , with receits to drive away , catch and kill rats , lice , and other vermin ; which makes me conjecture he professed himself a physician in some places , a chirurgion in others , a rat-catcher in a third ; since his pretended imployment as a captain , and souldier , to raise men for the king of spain , were out of date , by a breach with spain ; as one jervis a priest , haunting our quarters , hath a long time passed under the disguise of a watchmender , and physician . there were three or * 4 passe-ports and safe conducts granted to him under hand and seal by the king of spains officers . 4. there was this passe-port in english amongst the rest , under hand and seal , dated two moneths space before these extraordinary faculties gra●●ed to him ▪ which probably might be a great motive of the popes and his provincials granting him , and his solliciting fo● and receiving such ample faculties , with so many new-coyned dispensations to conceal him from de●ection . these are to require you to permit and suffer this bearer man●iee conry , quietly to passe from london into ireland about his lawfull occasions , and to return without any trouble or molestation . given under my hand and seal the 28 of april 1653. to all officers and soldiers under my command ; and to all captains and commandors of ships . o. cromwell . conry being examined how he obtained this passe ? answered , that an irish footma●n of the lord protectors obtained it f●r him , from his master . 5. there was a letter of a late date from one of his irish footmen ( belike he who procured this passe-port ) directed to another irish foot-man of his sons , henry cromwel , in dublin in ireland ; specially recommending this conry to him , as his indeared friend , to do him all the favors in his power , which he should interpret as done to himself ; with other letters of like recommendation in his favour to some military officers in ireland from some others in england . it is very observable , that the irish capucins , and franciscans , are some of the best and nimblest footmen in the world , trotting on foot day and night from ireland and england to rome , spain , france , and other forein parts , and back again and from one part of ireland and england to another , with greatest celerity , under the disguised habits of soldiers , merchants , footmen , with ſ private messages , missives , letters , upon all occasions , especially immediatly before , during , and since the late irish wars . and therefore it may be justly suspected , that some of them are become principal footmen to the greatest persons at whitehall and dublin ; the procuring of this pasport by such irish footmen , and these their letters , giving great suspition , that this conry and they are of the same fraternity ; which it concerns others whom they serve now strictly to examine upon this discovery ▪ for their own discharge and safety , as well as our religions , and nations . it is to be justly feared , that many such passeports and protections ( so much t condemned in the late king ) have beene surreptitiously procured by such disguised irish footmen and souldiers , for other friers , priests , jesuits ; and so much the rather , because when i was a prisoner at the kings head in january 1648. under the army-officers , ( who forcibly seized me , and above 40 other members of the commons house , as we went to discharge our duties in it to god , our soveraign , country , and those for whom we served ) some ●riends of mine in london , being then convented be●ore the general council of officers of the army at white-hall ( as they then stiled themselves ) for saying there were divers priests and jesuites in the army , the chief contrivers of the designs and change● the● acted ; and there justifying the same ; thereupon procured a warna●t from sir thomas fairfax then general , to seise such jesuites and priests as they found in the armies quarters , as well souldiers as others : whereby they presently apprehend two jesuites , and put them in ward that night ; who ( as they then and since informed me upon their credits , being honest , godly , conscientious persons ) produced two protections under the self-same hand that granted this passe ; which they then saw , and complained of ; and were thereupon answered , that they were granted by misinformation and surprise : however those jesuits got themselves released the next day ; whereupon they thought it bootlesse and dangerous for them to seise any more of them ( having discovered many they knew to be such ) and so their good intentions were frustr●ted , and the others sad designes carryed on , under which we yet shake and languish in a most unsetled and divided condition . upon which considerations and presidents , i can give no better advice to all our swaying grandees of all sorts now , than i did then in print in my memento upon that occasion ; to tender the oath of abjuration to all officers , commanders , souldiers , mariners , and persons desiring passeports or protections , that are not of known integrity in our religion , and frequent not the publike ordinances of god in our parochial congregations ; which will detect for the present , and prevent for the future , the creeping in , the wandring abroad of such dangerous romish vermin , and spanish factors , as this conry and his confederates ; in whose detection i have been more large ; because of the novelty of some of his dispensations and faculties , ( which i never met with before in any printed books , or popish instruments i have perused ) and because it may give light to others , to make the like or greater discoveries of their persons , practices , in this and future ages . it is very strange and grievous to all true zealous protestants , that this extraordinary disguised missionary of the pope , should procure such letters of recommendation , passe-ports , protections under hand and seal ; and that the anti-christian infidel jews themselves should a be specially invited to come in and reside amongst us , and finde many grand court-patrons publikely to plead for their free re-admission , b against former parliamentary and regal edicts for their perpetual exile , in these times of reformation : and yet that all protestant ministers of our own nation , adhering to the late king , ( though never so orthodox , learned , pious , painfull , peaceable ) should at c the self-same time , by a publike printed declaration , nov. 24. 1655. and special instructions in writing to our new bashaes , without any hearing , impeachment , conviction of any new crimes , after sundry years liberty to preach , and that some call an act of oblivion ( onely for this their old pardoned delinquency ) be all at one instant specially pr●hibited , from and after the 1. day of december last , to preach in any publike place , or private meeting of any other persons , than those of their own family : or to administer baptism , or the lords supper , or to mary , or keep any school , publike or private : or so much as to be kept as chaplains or schoolmasters in any formerly sequestred persons houses ( when utterly ejected out of their own houses , benefices , schools , colleges by this new edict : ) and to be punished as rogues or vagrants ( if they wander abroad , when thus enforced to begg their bread ; ) and that every such person offending in any of the premises ( their very preaching , teaching , administring baptism , the lords supper , or marying , being now become capital unpardonable offences ) shall be proceeded against and imprisoned 3. moneths for his first , 6. moneths for his 2d . and banished his native country for his 3d. offence : vvhich uncharitable , unchristian , unevangelical restraints are still continued upon many of them ( and more particularly on dr. reeves our eminent learned lecturer of lincolns inne ) notwithstanding the earnest frequent sollicitations of devout and learned archbishop vsher , ( to the shortning of his dayes through grief , as some conceive ) the frequent , joynt , and several petitions , addresses of these ministers themselves and their friends , the timely petition of the whole society of lincolns inne , and mediations of all the grand officers of justice , state , of the society , for their lecturers liberty to preach ; to the great rejoycing of our popish adversaries ; to the great grief , prejudice , discontentment of their auditors ; the undermining of our protestant religion , dishonor of our church , nation ; the ruine of some hundreds of those protestant ministers and their families formerly breaking unto us the bread of life , who now want daily bread to ●eed them : when as disguised popish emissaries , jesuites , preists , friers , quakers , dippers , hereticks and blasphemers of all sorts , have free liberty , and protection to preach , teach , dip , re-baptize , administer the sacrament , meet together and do what they list in publike and private conventicles , without the least restraint . and is this to defend , propagate , ( or not rather avowedly to supplant , tread down ) the protestant religion , d we covenanted and took up armes formerly to maintain ; thus to e smite , silence , starve , ruine so many orthodox protestant shepherds , pastors at one blow ; and to threaten inexorable imprisonments , yea banishments to them , if they but once presume to teach , preach , or administer sacraments ( according to their f obliged duty , and christs own injunction ) in publike or private , for the peoples edification , or their own or families supportation ? vvhen thousands of romish vvolves , hereticks , sectaries of all sorts are so busie in all parts , to seduce , devour their flocks , now left g like sheep without a shepherd in many places ? the lord give those whom it most concerns , and the whole nation , eyes timely to discern , and hearts to bewail , reform this soul-devouring barbarous cruelty . and let those who have been instrumental contrivers of , or actors in it , consider and remember , mat. 7. 2. with what judgement ye judge , ye shall be judged ; and with what measure ye mete , it shall be measured to you again : and james 2. 13. for he shall have judgement without mercy , that hath shewed no mercy ; but this extremity of cruelty even to the minsters of christ himself , and all those they deem their enemies , is contrary to the express precepts of christ himself , mat. 5. 44 , 45. rom. 12 , 20 , 21. it is very remarkable , that h dr. william peirce late bishop of bath and wells , who in the ruff of his episcopal power and pride , presuming on his great court-friends , suppressed all lectures and lecturers , both in market towns and elsewhere , glorying in this his impious tyranny ; and thanking god , that he had not a lecture left in his diocesse . and when he absolved mr. devenish minister of bridgewater , ( whom he suspended ab officio & beneficio , onely for preaching a lecture in his own parish church on the market day , which had continued above 50 years without interruption ) used this speech unto him , intimating , that preaching a lecture was as hainous a crime as committing adultery : i goe thy way , sinne no more , ( in preaching a lecture ) lest a worse thing happen to thee : was by gods just retaliating judgement soon after , quite stripped of his episcopal power and revenues upon his impeachment in parliament , committed prisoner to the tower , sequestred , and now reduced to such extremitie , that in november last , he came to an honourable knight of mine acquaintance in westminster , complaining to him , he had not bread for him and his to put in their mouthes ; intreating his favour to procure any lecturers or curates place for him , though never so mean ( which he by all the friends he had could no where obtain ) to keep him from starving . vvho thereupon minded him of these his former speeches , and cruelty towards other lecturers and ministers , whom he reduced to extreme povertie ; wishing him , to take special notice how god had justly requited him in his own kinde , so as himself would now turn lecturer , or the meanest curate under others , in his old age , to get but a meer subsistence , and yet none would intertain him , as himself confessed , in any place . so as the judgement threatned against ely his posterity , 1 sam. 2. 36. ( and it shall come to passe , that every one that is left in thine house , shall come and crouch to him for a piece of silver , and a morsel of bread , and shall say , put me i pray thee into somwhat about the priesthood , that i may eat a piece of bread ) was now actually fallen on this great prelate . and let others now greater than he in his highest condition , consider it , though never so well fenced with guards and armed forces by land or sea , lest god reduce them and theirs to the like extremities , as they have reduced these ministers of christ , with sundry others : and that upon the serious consideration of this memorable history , recorded in k aelian concerning dionysius the younger , in these very words . dionysius junior , imperium habebat optime constitutum , munitumque hoc modo . naves possidebat non pauciores quadringentis ; hexeres et quinqueremes . pedestres copias ad centum millia hominum , equitum novem millia . civitas vero syracusanorum maximis portubus erat instructa et moenibus altissimis circundata , atque in promptu habebat omnem apparatum bellicum ad alias naves quingentas . reconditum etiam habebat frumentum ad centum medimnorum myriades ; et armamentarium scutis , gladiis , hastis , tibialibus innumeris , thoracibus & catapultis plenum refertumque catapulta autem inventum fuit ipsius dionysii . praeterea sociis infinitis vigebat . his rebus confidens dionysius , adamante firmatum imperium obtinere se putabat . sed ipse primum fratres suos morte affecit . vidit etiam filios suos crudelissime mactar● , et virgineum pudorem filiabus eripi , atque deinde nudas trucidari . breviter , nemo ex ejus propagine sepulturam justam adeptus est . nam alii vim combusti sunt , alii dissecti , & in mare projecti sunt . id adeo evenit ei , cum dion , filius hipparini , imperium invasisset . ipse vero in extrema paupertate senex mortuus est . theopompus dicit eum nimiae meri potationis vitio ejus oculos laborasse , ita ut caecutiret , et sedisse in tonstrinis , risumque scurriliter hominibus commovisse , atque in media graecia turpiter & praeter decorum versatum miserrimam vitam traduxisse . ita non leve documentum extitit mortalibus , ad amplectend●m temperantiam et morum honestatem , dionysii ex tantis opibus in tam miserum statum , rerum vicissitudo . pulcherrime a diis immortalibus comparatum est , ut nullam tyrannidem usque ad tertiam generationem propagent , sed aut confestim tyrannos tanquam proceras piceas perdant et extirpent ; aut liberos eorum viribus denudent ac spolient . if god deal thus with heathen , will he not deal more severely with christian tyrants , and underminers of his gospel , who condemn others for that wherein they now exceed them , rom. 2. 1 , 2 , 3 ? and here ( having done with my discoveries ) i cannot but seriously lament , to consider , that as many of the late over-zealous new modellers of our state , to accomplish their own self-ends , have ( contrary z to all their former protestant principles , oathes , protestations , covenants , remonstrances , commissions , trusts , obligations ) ignorantly , or wittingly imbraced , pursued , justified , imitated , practised , if not out-acted the very worst and most dangerous , seditious , treacherous , antimonarchical positions , practices , politicks of antichristian popes , and machiavilian jesuites . so divers over-rigid presbyterian , independent ministers , and reformers of our church , out of a preposterous zeal and scrupulosity , have blindly , rashly , or unadvisedly taken up , maintained , practised the erroneous tenets , and exorbitant practices of popes , romish priests , prelates , jesuites , against the very doctrine , institution , usage , precepts of christ himself , the primitive fathers , church , christians , in discontinuing the frequent administration of the holy communion to their people , and secluding all or most of their parishioners from it sundry months , nay years together ▪ by their own new papal authority , without any lawfull cause , hearing , trial , or excommunication , judicially denounced against them for any scandalous sins , whereof they are duly convicted , when as they freely admit them to all other publike ordinances , without the least suspension from them ; instead of inviting , exhorting , compelling them ( a according to their duties ) to the frequent participation of this soul-converting , heart-refreshing , grace-communicating heavenly supper , wherin the remembrance , fruits , benefits of our savio● 〈◊〉 passion are most li●ely , represented to their senses , and applied to their souls ▪ which anti-christian , sacrilegious , new kind of reformation ( to advance their own interests , power , not christs kingdom , glory , ) is principally founded on these ensuing erronious popish principles , all bottomed on and slowing from that monstrous absurdity of transubstantiation , and christs corporal presence in this sacrament , which all b protestants abominate , refute , renounce . 1. that christ , and god himself , are more really , immediately present , and conversed with by christans in the lords supper , than in any other publike holy ordinance whatsoever ; asserted generally by all c popish councils , schoolmen , jesuits , canonists , casuists in their decrees , masse-books , offices , manuals , treatises , controversies touching the eucharist , sacraments , masse , and transubstantiation : and more particularly by d mr. harding against bishop jewel ; who refutes it in the name of the church of england : yet now professedly avowed of late in a brotherly and friendly censure of my 4. quaeres , p. 8. in dr. drake his anti-quaeries , and boundary to the holy mount , and sundry others , as their chief ground of keeping , suspending , all those they deem unworthy from the sacrament of the lords supper alone , but from no other part of gods worship . this opinion first sprung from popish transubstantiation ; which as it introduced e adoration of , prostration , kneeling , bowing to , towards , before the consecrated elements , altars , and railing in altars in the church of rome : so it f lately brought into our cathedrals and parish churches , prostration , kneeling , bowing to , and before the sacramental elements , and rayling in of altars , lords tables at the east end of our quires , in imitation of the romanists , by our popish prelates and priests ; witnesse archbishop lauds own words , in his speech in star-chamber , an. 1637. p. 47. the altar is the greatest place of gods residence upon earth ; i say , the greatest ; yea , greater than the pulpit . for there t is , hoc est corpus meum ; this is my body , but in the pulpit , it is at most , but hoc est verbum meum , this is my word . and a greater reverence ( * no doubt ) is due to the body , than to the word of the lord . and so in relation answerably to the throne where his body is usually present , than to the seat , where his word useth to be proclaimed . which popish dotage of his , seconded by dr. pocklington , dr. heylin , dr. laurence , edmund reeve , shelford , and other popish innovators , i have g elsewhere at large refuted . 2. that the lords supper is more holy , dreadfull , excellent , venerable , and more dangerous , damnable to such who unworthily approach unto it , than any other sacrament or divine ordinance whatsoever : and therefore necessarily requires a greater measure , degree , and another manner of worthinesse , fitnesse , preparation , qualification , self-examination , confession of sin , faith , repentance , grace , holinesse in those who are to be admitted to receive it , then baptism , prayer , hearing , reading of the word , thanksgiving , fasting , or any other part of gods publike worship ; to which they ( and our rigidest presbyterians ) freely admit all their parishioners , without any trial , or transcendent wor●hinesse , fitnesse , or preparation . hence h popish councils , writers , stile the lords supper , excellentissimum sacramentum : quia continet in se● , actorem totius gratiae et sunctificationis dominum nostrum jesum christum : et verum christi corpus , et sanguinem . and thence inferre . excellentia hujus sacramenti requirit dignum mysterium ; et ideo volens recipere vel conficere tantum sacramentum , debet se praeparare , per contritionem , et veram confessionem peccatorum suorum , ac puram devotionem . statuimus quod nullus deinceps ad eucharistiae sacramentum teneatur aliquem admit●ere , nisi prius illum audierit in confessione , aut prius sibi fide facta , quod more fidelium poenitentiae reciperit sacramentum . nemo sine speciali contritione , confessione , et satisfactoriis operibus dignè praemunitus , ad eucharis●iam sumendam accedat . moneantur conjugati non nisi praeparata aliquot dierum continentia ad eucharistae sumpsionem accedere , &c. which very popish doctrine and consequence of an extraordinary transcendent degree of worthiness , preparation , &c. are professedly asser●ed by the authors of the antidote to , and brotherly friendly censure of my four questions ; dr. drake in his anti-quaeries , boundary ; mr. collins in his juridical suspension , and others . 3. upon these precedent false principles , and the extraordinary danger of unworthy receiving , the popish priests and prelates inferr i that they are bound to admit none to the lords supper , but such whom they upon a precedent private examination and confession of their sins to themselves , or such as they appoint shall absolve and deem worthy , and prepared to receive it . and their councils decree . nullus parochus ad hujus . sacramenti sumptionem quempiam admittat , cujus conscientiam non noverit , aut ipse , aut ab eo ei negotio praefectus . nec quemquam parochi seu curati ad communionem admittant , nisi quem privs sciverint confessum fuisse peccata , aut ipsis , aut eorum vicariis , seu sacerdotibus deputatis . and upon the self-same grounds as the church of * saxony in the beginning of reformation , admitted none to the communion , unlesse they were first examined , heard , tried , and absolved of the pastor and his fellow-ministers : complying herein over-much with the papists ; so now k mr. rutherford , l dr. drake , m mr. collins , and other over-rig●d presbyterians assert ; they are bound in duty , conscience , prudence , first , to try , examine the knowledge , faith , graces , repentance , lives and visible worthinesse of all their parishioners , before they come to the lords supper ; to admit none thereto , but such whom they and their presbyteries upon trial shal deem worthy and prepared to receive it , and to seclude all others from it : concurring herein with these popish priests and prelates . 4. that there is n a lesser excommunication , whereby the prelates and other officers of the church , are authorized , impowred judicially , by way of church censure , to suspend and keep back scandalous , ignorant , unconfessed , obstinate church-members , who refuse to submit to the examination and orders of the church , from the sacrament of the lords supper only , without any actual sequestring of them from any other publike ordinances , in which they may freely communicate with other christians ; distinct form that excommunicatio major , which totally secludes christians from entring into the church , and all christian fellowship and communion in any publike ordinance , and all private society with christians . which lesser excommunication , was first introduced by popish councils , casonists , casuists , only for lesser mortal sins , and conversing with persons lying under the censure of the greater excommunication ; and is now most eagerly asserted by o mr. rutherford , p mr. gillespy , q dr. drake , r mr. collins , s the ministers of syon college , and others as committed to church-officers and presbyteries by the will and testament of jesus christ ; though no ways warranted , but contradicted by all the scripture testimonies they produce to warrant it , and by the practices of the primitive church , as i have proved at large in t former publications . the only memorable particular example recorded in antient ecclesiastical histories , of a publick excommunication denounced by a bishop for a scandalous crime ( especially against his soveraign ) is that of st. ambrose , bishop of millais , against the emperour theodosius the first , thus recorded by u theodoret , and others . the inhabitants of thessalonica ( a rich , populous city in macedonia ) in a popular tumult slew their judges all and who took part with theodosius in the government : where with he being highly incensed , so far exceeded the bounds of justice and reason in the punishment thereof , that he caused his souldiers , without searching out the malefactors , to slay promiscously in a rage no lesse than 7000 of the citizens ; putting no difference betwixt the guilty and innocent ▪ after this bloody execution , at the emperours next coming to the church of millain to pray , and do his devotions , of as custom he used , st. ambrose stepping to the church-door , as he was about to enter into the church , with much boldnesse prohibiting him to enter , used this speech unto him . thou seemest , o prince , not to understand what a monstrous slaughter of people is committed by thee , neither doth rage suffer thee to weigh with thy self what thou hast done ; yet must thou know , that from dust we came , and to dust we shall . let not therefore the brightnesse of thy clothes hide from thee the weaknesse of flesh that is under them . thy subjects are of the same metal that thou art , and serve the same lord that thou dost . with what eyes therefore wilt thou behold the house of this common lord , and with what feet wilt thou tread on his holy pavements ? wilt thou reach those hands , dropping yet with the blood of innocents to receive the most sacred body of the lord ? wilt thou put that precious blood of his to thy mouth , which in a rage hast spilt so much christian blood ? depart rather , and heap not one sin upon another . neither refuse this bond ( of excommunication ) which the lord of all doth ratifie in heaven . it is not much , and it will restore thee the health of thy soul . all which the emperour hearing with great patience , returned presently to his palace , without entring the church , obeying the excommunication , and there continued above 8 moneths space , without coming any mo●e into the church , or putting on his emperial robes . af●er which , upon his earne●t request and publike repentance for this crime● and his enacting this law by st. ambrose his advise , by way of penance ( as some write ) that from thenceforth no man whom he or his succes●ors should condemn to dye should be executed within thirty dayes after the sentence of death denounced against him : he being absolved from his excommunication , came again into the church , and there making his prayers , and performing his devotions ▪ received the sacrament of the lords supper . from which history it is apparent . 1. that excommunicate persons in that age , were not suspended only from the lords supper , but secluded from entring into the church it self , and from all publike x divine ordinances used in it , as well as from the lords table , ●nd from all christi●● communion . hence y sundry councils since , with z gratian , and all a popish canonists resolve and decree , major excommunicatio seperat ab ingressa ecclesiae , à sacramentis , et à communione fidelium . excommunicatus non potest interesse divinis officiis , aut cum alii● orare in ecclesia ; her debet extra ita prope ●●are quod audiat . and if any such excommunicate person come into the church , he is presently to be thrust out of it , and the priest must give over his begun masse , prayers , preaching , and not proceed therein , till ne depart the church : neither may any christian wittingly eat , drink , conferre , or trade with such a one , under pain of excommunication : yea our own statute of 5 e. 6. ch. 4. against such as fight and strike in the church , enact , that such an offender shall be excommunicate , an●be e●cluded from the fellowship and company of christs congregation : b this excommunication our laws , [ c ] lawbooks take notice of , which likewise disables men to sue in any civil court of justice , if pleaded in barr against them under seal . in brief : the 33 ▪ article of the church of england , ratified by the statute of 13 eliz. c. 13. and sub●criptions of all our ministers , defines excommunication to be a cutting off from the unity of the church , and whole multitude of the faithfull , who ought to avoid an excommunicate person as an heathen and a publican , untill he be openly reconciled by penance , and received into the church , by a judge that hath authority thereunto . and the confessions of bohemia , c. 8. 14. of helvetia , c. 16. of the french churches , c. 32 , 33. describe excommunication to be , a removal of wicked , scandalous , obstinate . sinners from the holy fellowship of believers , a throwing them out from the church , and delivering them to satan by ecclesiastical punishment . and absolution of such upon repentance , to be , a taking them again into the church , to the communion of saints and sacraments . therefore the new-found suspension and excommunication of scandalous persons only from the sacrament of the lords supper , without seclusion from the church and other ordinances , now so much contested for , is but a meer popish innovation , not warranted by scripture , antiquity , our own statutes , articles , or other protestant churches confessions . 2. that in that age all church-members freely admitted to the publike prayers of the church , and not thus actually excommunicated from all ordinances and the church it self , were freely admitted to the lords supper , and all excommunicated persons too , upon their absolution . 3. that the lords supper in that age was usually received by all church-members , when ever they publiquely assembled to pray or hear gods word : and no other , no greater worthinesse , holinesse , qualification , preparation , or self-examination required for chri●tians free admission to the com●●nion , th●n to other publike duties , which it did then daily accompany . this president of st. ambrose his excommunicating this godly emperour theodos●us , and keeping him above 8 moneths space from the church and all publike ordinances ; only for his over-rash execution of justice upon his rebellious mutinous subjects , upon so great a provocation , notwithstanding his present humiliation and sorrow for it upon the first reprehension , and that without any precedent , private or publique admonition ; as it s no ways warranted by any precept or president in gods word , nor parallel example in the primitive church , and censured by sober c protestants , as over-harsh , indiscret , rash , and too pontifical ▪ yea such , as might have then pro●uced d a dangerous schism in the church , to the great pre●udice of religion , had not this godly emperour been more humble patient , prudent than st. ambrose ; so it hath in later ages been e much abused , and insisted on by antichristian trayterous popes , popish prelates , jesuits , priests , to justify their many illegal , unchristian , unrighteous excommunications of christian-emperors , kings , princes ; their deposing them from their empires , crowns , kingdoms , their absolving their subjects from their allegiance to them , and taking up arms against them , to the great disturbance of most christian empires , realms , states , churches . therefore it can be no justification or proof at all for any of our protestant ministers wilfully to abs●ain from the celebration of the lords supper ▪ and seclude● excommunicate all their parishioners from it , not only 8. whole moneths , but almost so many years together upon the forementioned popish principles , or any other ground ; especially not being all actually excommunicated or secluded from the church and all other publike ordinances as he was , but freely admitted by them to the church , and all other publike ordinances but the holy communion , which he was not . the sad effects whereof , instead of making their people more worthy , more prepared to receive this sacrament , and more regardfull of it , i have f elsewhere touched and shall more largely insist on in its due place . only here i shall desire our ministers to observe , what g two po●ish french councils hereto●●●e have noted , ●ouching the debarring particular ●ersons only from the lords supper for a years space or two , by vertue of actual excommunications judicially denounced against them , and the dangerous effects it hath produced , instead of working any reformation in them or others . qui● nonnul●i excommunicationum sententias , et quod detestabilius est , dominici corporis sacramentum contemnentes 〈◊〉 tempor●●● in ●en en●●●mo●●●ntur . de participatione dominici corporis non curantes , &c. quonian multos ●eperimus in●urato animo claves sun●●ae matris ecclesiae vilipendentes excommunicationis sentoniam d●utius sustinc●e corpus christi in ecclesia in biennio vel ●riennio non suscipere , vel etiam non confi . e●i . pr●●cipimus omnibus et singulis rectoribus , &c. ut in tal bus falubre consilium apponatur . if these their judicial excommunications of particular persons , instead of reforming their lives , made many of them only to contemn the censures of the church , and the very sacrament of the lords body , which is more detestable ; and not to ca●e to receive it in two or three years space ; which they reputed a horrid mischief fit to be redressed by wholesom counsel : then certainly our ministers antichristian , undiscreet , * wilfull keeping back , excommunicating of whole churches , parishes , cities , from the sacrament two or three years space together , or more , without any actual excommunication legally denounced against them for any scandalous sins , must ne●ds be a more detestable crime , and make the generality of the people not only to neglect , contemn their authority , ministry , church-censures ; but even the sacrament of the lords supper it self , yea totally to withdraw themselves from it , and all other publick ordinances , yea from our churches too , as many thousands of them have done of late years , since debarred from this sacrament , under pretext of making them more fit and worthy to receive it ere admitted to it . it is an antient proverbial experimental truth in most other things and christian duties , and so in this ; qui non est hodie , cras minus aptus crit . those parishioners whom our ministers deemed unfit , unworthy to receive this sacrament the first year they withheld it from them ; they find more prophane , unfit , neglectfull to receive it the next year , yea much more the third and fourth year , than the second ; upon which account they have wholly cast this sacrament aside for sundry years ; and must do so till doomsday , against christ own command , their ministerial office , and the primitive churches , fathers practice in frequent administring the communion to all their people . let them therefore henceforth learn this politick , safe lesson , even from their popish tutors ; who debating these questions , h utrum presbyter peccet mortaliter dando eucharistiam ei quom scit in pecca to mortali constitutum ? and , nunquid ●ss●t minus m●lum dare tali hostiam non consecratam , vel non consecrare , quam eucharistiam tali dare ? resolve negatively , with some distinctions , as to the first ; and to ●h● last without any distinction , thus . i resp : quou non : ideo dicitur prorsus quidem falsa remedia sunt abjica●●● quae veris et manifestis periculis sunt graviora : as thi● debarring the people from the sacrament for so long a space hath experimentally proved ; occasioning many more grievous sins , mischiefs than it hath prevented : being a remedy far worse , and more dangerous than the diseases it should cure . 1 wherefore since ( i ) st. aug. resolves ; ne catholicis quid●m episcopis consentiendum est , sicubi fortè falluntur , et contra canonicas scripturas aliquid sentiant : and 2 pope pius the 2d . concludes , resiste●dum est quibuscunque in faciem , sive paulus , sive p●trus sit , qui ad veritatem non ambulat evangeli : with whom 3 bishop jewel concurs . i hope none of our ministers guilty of this crime , can or will be offended with me for his my plain dealing with them . and i shall intreat all such indiscreet over-rigid ministers seriously to consider , the popish principles forementioned wheron this their false remedy is founded ▪ with the bitter fruits it hath produced : and seeing it is an unquestionable sin in themselves not to administer or take ; and in their people , not to receive the sacraments many moneths , nay years together , ( as well as not to pray , preach , read , hear , sing psalms , and praise god for his mercies , or neglect baptism : ) let them now at last repent , reform without delay , and no longer excuse , much k lesse defend this sacrilegious unchristian sin , since l primasius , and m bishop jewel resolve ; nemo periculosius peccat , quam qui peccata defendit : and st. n paul himself determines , that there damnation is just , who do evil ( yea so great an evil as this , to rob whole parishes of the lords own supper , table , cup , body , bloud for divers years ) that good may come of it : much more if they persevere impenitently therein , after all admonitions to the contrary . the 4 emperor domitian intending a reformation of the empire , which afore his time , tiberius , caligula , nero , and other wicked emperors had spoiled and defaced , asked apollonius tyanaeus , a philosopher , what order were best to be taken therein ? who made him answer ; sir , you must do as the musician bad his scholars do . how is that ? said domitian : sir , quoth apollonius , there was a cunning musician , that set his scholars to an ignorant and homely minstrel to learn musick of him ; but before he sent them out , he gave them this lesson ; whatsoever ye see your master do , see that ye a●oid it● he is unlearned , and his lessons and ma●●er of singing naught ; therefore see ye do the contrary . even so may i say ; whatsoever we see that they have done , who were our late masters before us , that have almost destroyed our churches and realms too , by their unskilfulnesse , erronious doctrines , illegal practices , innovations , oppres●ions , schisms , tolerations of all religions &c. let us now do the quite contrary , to repair , restore ●hem to unity , ●r●●●quil●ty , prosperity , safety . more particularly , let all our ministers combine together henceforth duly and frequently to administer the holy communion to their people ( being the chiefmeans , bond of christian love and unity ; yea sigrum demonstrati●um unitatis ecclesiae cui homines aggregantur per ipsant ; as the 5 school-men , canonists , our own a●ticles , with foreig● protestant churches resolve ; 6 a chief means of begetting , continuing , encreasing , confirming grace and holiness of life : ) and likewise diligently to exhort , excite , perswade , compell their people to repair frequently , constantly , with due preparation , and self-examination to this heavenly banquet ; yea in no wise to neglect it when administred ; and that in obedience to o christs command , and upon this consideration of the p council of burdea●x , ann. 1582. quemadmodum corporibus , sic & animis , sua sunt alimenta ●ribuenda ; ne si neulto tempore jejun● , languidique permanserint , in laboriosa vitae humanae peregrinatione et via defi●i●●t . ●deoque pane vitae quae de coelo descendit , nimi●um s●●c●osancto christi corporo , quod in eucharistia continetur , parochi populos sibi commissos pascere satagunt , et assiduis cohortationibus ad hunc coelestem cibum invitent , &c. and if this will nor prevail , let at least the consideration of this notable canon of the popish council of rhemes it self , anno 1583. induce them thereunto . q cum nihil habeat christiana religio sacramento eucharistiae praestantius & aug●●stius , ●●ilque ad sanctè et inculpatè vivendum efficatius ejusdem frequentissima participatione , dolemus tantam esse christianorum hujus temporis incuriam , ut semel tantum in anno sumant tam salutaris sacramenti substdia . quare paroeci et qui ad divini v●●bi p●aedicationem asciscuntur deinceps , de ●requentis communionis antiquo usu , ejusdemque mitis frudibus et utilitate differant , ●t fidelibus persuadere ritantur ( ●ray mark it● ) nullum esse modum aptiorem et compendiostorem , quo sopitis et extindis haeresibus , ecclesiae apostolicae facies nostro seculo redeat . nos quoque fi●eles omnes hortamur , et per viscera misericordiae dei nostri obsecramus ut quam saepissime , saltem vero diebus solennibus communicent , et quotiescunque postulaverit ingruens necessitas , ●u●● vitam humanam ●n d●scrimen e● . periculum adducat . and seeing there is in * prayer , hearing , and all other sacred duties as well as this , a like double danger ; the one in neglecting , contemning them , which is the * greater ; the other in the unworthy performing of them , which is the lesser sin ; let our ministers in this case presse both of them together on their people , and not the lesser danger only of unworthy receiving , without the greater peril of contemning or neglecting to receive the sacrament , when publikely administred ; according to the decree of the r council of cavailon under charles the great , an. 800. in perceptione corporis & sanguinis domini magna discretio ad●ibenda est . cavendum est enim ne●s● nimium in longum differatur , ad perniciem animae pertineat ; dicente domino ; nisi manducaveritis carnem filii hominis et biberitis ejus sanguinem , non habebitis vitam in vobis . si verò indiscretè accipiatur , timendum est illud , quod ait apostolus : qui manducat et bibit indigne , judicium sibi manducat et bibit . juxta ejusdem ergo apostoli documentum , probare se debet homo ; et sic de pane illo manducare , et de calice bibere . and according to that epistle of s theodulphus au●●llanensis episcopus , anno 835. ad fatres et compresbyteras suos aure●ianensis parochiae sacerdotes : who thus advised them . admonendus est populus ut ad● sacrosanctum sacramentum corporis et sanguinis dimini nequaquam indifferenter accedat , ●ec ab hoc nimium abstineat : sed cum om●i diligentia ●ligat tempus , quando aliquandiu ab opere conjugali abstine●t , et v●t●s so purget , virtutibus exoruet , elecmosynis et orationibus insistat ▪ et sic ad tantum sacramentum accedat . quia sicut pe●iculosum est , impurum quemque ad ●●ntum sacramentum accedero , ita etiam periculosum est ab hoc proli●o tempore abstinere : salva ratione illorum , qui excommunica●i , non quando eis libet , sed certis temporibus communicant , et religiosis quibuseunque sanctè viventibus , qui pene omni vie in faciunt . singulis diebus dominicis in quaedragesima , praeter hos qui excommunicati sunt , sacramenta corporis et sanguinis christi sumenda sunt , et in coena domini , et in parasceve , in vigilia paschae , & in die resurrectionis domini penitus ab omnibus communicundum , ●t ipsi dies paschalis hebdomadae omnes aequali religione colendi sunt . the like advise of pressing the people to the frequent receiving of the lords supper , yet with due preparation , and admonishing them withall of the danger of neglecting the sacrament , as well as of the unworthy receiving it , is given by the synod of lingen , anno 1404 ▪ and the council of t burdeaux , anno 1582. ( as also by the church of england in her liturgie confirmed by parliament : ) and this synod of lingen withall resolves , that if any person for any great offence or enormous sin be adjudged but not declared and published excommunicate , if he come publikely to receive the sacrament , his parish priest may then thus admonish him in secret : amice , tu scis quod fecisti tale quid , propter quod tu es excommunicatus ; caveas quid tis vis facere . tu enim si accepis corpus christi , sumes in tuam damnationem : persuadeat sibi quod desistat à perceptione sacramenti : quod si ille non vult desistere , tunc sacerdos sibi ministret ; quia in publicis negotiis sacerdos non debet illum excludere ; sed in privatis non debet secum participare . which i wish our non communicating ministers to consider . the reason is , because he is still a church-member , till actually denounced excommunicated ; and so not to be actually secluded from any publick ordinance , to which he hath a just right , as a church-member ; even as every member of a kingdom or state , though guilty of any capital crimes desterving death , out-lawry , disfranchifement , or banishment , enjoys the benefit of all the laws , liberties , privileges of the kingdom , state , where of he is a member , and cannot be justly debarred of them , till actually and judicially out lawed , disfranchised , exiled , or condemned to death for his offences , by the lawfull magistrate . i have lately u published in print , what legal writs , remedies , all injured parishionous illegally debarred whole years together from this sacrament , by a worse than papal sacrilege and usurpation over them , may have , to compell their refractory ministers to administer the lords supper to them at accustomed seasons , according to our laws , and the articles , rubricks of our liturgie , confirmed by parliaments ; to which i shall only adde , that i am clear of opinion , that parishioners in such cases , may sue out a special writ upon the statutes of 1 e. 6. c. 1. & 1 eliz. c. 2. de sacramento eucharistiae parochianis deliberando ; or , de parochianis ad eucharistiae sacramentum admittendis ; by the self-same justice , law , reason , equity , as the x register , and our printed law-books resolve ; they may sue forth a writ de copia libelli deliberanda , to the bishop , offio●●● , or dean of the arches , upon the statute of 2 h. 5. c. 3. commanding them to deliver to the parties prosecuted a copy of the libel without difficulty , where grantable by law , when they refuse to do it , contrary to this statute ; or , a writ , y de admittendo idoneam personam ad ecclesiam ; or , de cautione admittenda : or , quare impedit presentare : or , quare non admisit , to bishops and other ecclesiastical persons , where and when they refuse to admit their clerks to those benefices to which they present them ; or to absolve them upon caution tendered to them , contrary to law and their duties . or writs z de clamea admittenda in itinere ; or , de at ornato admittendo et recipiendo ; to justices in eyre , sheriffs , and other courts , when they refuse to admit their claims , or attornies , contrary to justice , law , and the statute of merton , c. 10. the very common law of england gives every landlord these several writs , a de consuetudinibus et serviciis ; de secta ad curiam ; de secta ad molendinum , to compell their tenants , to perform the accustomed services , sutes , and duties which they owe unto them by their tenures , though they concern only their temporal estates : and will it not by like writs , justice , reason then , constrain our refractory parsons , vicars , ministers to perform the accustomed spiritual duties , services , and administer the holy communion to their parishioners , at usual seasons , ( as themselves and their predecessors have constantly done heretofore time out of mind , and they are still obliged to do ) which concern the very spiritual comfort and salvation of their souls , and ought not to be denied or deferred to them any longer ? our common laws , lawbooks , statutes have provided these several special writs , for the inviolable preservations of the liberties , privileges , rights , preventing , redressing the injuries , an● recovering the tithes , dues of clergy-men , that they may the more freely , chearfully discharge their ministerial duties , and diligently administer the sacraments to their people . b de clerico infra sacros ordines constituto non eligendo in officium ballivi , bedelli , &c. de viris religiosis , quod non veniant ad visum franciplegii . quod clerici non ponantur in assisis . de clerico per statu●um mercatorium non capiendo . de clerico capto per statutum mercatorium deliberando . de clerico convicto deliberando ordinario . quod personae ecclesiasticae quieti sint de theolonio . quod ecclesiasticae personae non americien ur secundum beneficium . de decimis solvendis parsonis et vicariis ecclesiarum pro possessionibus alienigenarum : all which we find in the register , and our printed law-books ; besides sundry writs in pa● . 10. h. 3. dors . 9. claus. 12. h. 3. pars 1. dors . 7. 3. pat. 20. h. 3. m. 24. claus. 20. h. 3. m. 3. and 19. 10. 15. claus. 32. h. 3. dors . 15. and c other records , for the due payment of tithes out of the kings own demeasn lands , mills , parks , forests , to those ministers , bishops , abbots to whom they were due , or formerly granted . claus. 18 h. 3. m. 5. a writ to exempt clergy-men from paying toll and customes for goods bought of , sold by them for the sustentation of themselves and their families . and claus. 39 e. 3. m. 8. a special writ , quod viri ecclesiastici non contribuant pro clausura villae de coventry , there being a commission issued to assess the inhabitants to wall this city , towards which they would tax the clery . therefore by the self-same justice , reason , equitie , our common laws will provide special writs , and remedies for the people , to enforce their parochial ministers , vicars , by power of our temporal courts of justice , to administer the sacraments duly to them , according to their bounden duties , and render them this their spiritual food at the lords table ; especially seeing they have now no legal remedy to enforce them to it , and punish them for neglect thereof in our exploded ecclesiastical courts , as they might do heretofore . trin. 17 jacobi b. r. the parishioners of sutton valence in the county of sussex , according to their custome chose two churchwardens ; the bishops official at the visitation refused one of them , and swore another churchwarden in his place , which had been churchwarden before 5 years together , and was very contentious , and a maintainer of sutes before the official . after much debate a writ was awarded out of the kings bench by the judgement of the court to the official , to admit and swear the churchwarden the parishioners had elected , according to the presiden of 26 e. 3. where the bish. of exeter was commanded to confirm the children , and send crism to the parishioners of st. burian in cornwall , which he denied them : and fitzh : nat. brev. f. 200. where a mandatory writ issued to the mayor of oxford to enroll a demise ; and to the ordinary to prove a will , and to the lord to hold a court : as they are obliged to do by law and right . mich. 22. jacobi b. r. mr. noy moved the court for a mandatory writ to the ordinary , for the parishioners of st. thomas in london , to admit two churchwardens which they had elected according to their antient custom ; against which the parson objected the canon , that he was to elect one of them : which upon consideration of the precedent cases , was granted . the like writ to admit churchwardens chosen according to custom , was granted to the parishioners of st. magnes in london , tr. 7 caroli b. r. and to the parishioners of st. ethelboroughs london , tr. 15 caroli b. r. wherein the custom of electing churchwardens by the parishioners was adjudged a good custonia law , which the canons made in convocation , anno dom. 1603. canon 89. could not impeach or deprive them of being a temporal right and inheritance setled in them . the like president was in pas● . 4. caroli , b. r. rot. 420. & tr. 7 caroli , rot. 1391. mr. noy in the case of st. thomas parish , cited such a writ to the convocation house 21 e. 3. reciting , that they affirmed our lawyers held a damnable opinion because they would by writs de cautione admitten●a , compell bishops and ordinaries to grant absolutions to excommunicate persons without amends , upon sufficient caution tendered , which sufficiency was issuable , and to be tried at the common law . judge whitlocke m. 22. jacobi b. r. and pasc . 2. car. b. regis , cited one ▪ midlecotes case adjudged in the kings bench to this effect . a constable was elected and sworn in a court leet ; the justices of peace at the sessions refused him , and elected and swore another . whereupon the lord of the leet sued out a writ of restitution to the justices of peace , to allow of and restore the constable chosen in the leet , being the lords inheritance : so if a town-clerk , alderman , burgesse , recorder , or mayor of a town , be unjustly kept out , or removed from his place , or diffranchised ; a writ of restitution will be , and ought by law to be granted out of the kings bench , to restore them to the possession of their places , as t is resolved in sir james baggs case ▪ trin. 13 jacobi . cooks 11. report . f. 93. &c. in audlyes case , pas. 2. caroli , b. r. in bostons case ; the case of an alderman of coventry ; mr. manniptons case , recorder of launceston in cornwell , and sundry others in king charles his reign . therefore by like law , justice , reason , a like writ of restitution will lye for all those parishioners , to restore them to the frequent use and actual enjoyment of the lords supper , who have been injuriously , unchristianly , and sacrilegiously ( without any legal sentence of excommunication for any legal cause ) kept from it , by their imperious ministers , against the lawes of god and the realm : it being resolved in * bagges case , that the court of kings bench hath authoritie , not only to correct judicial errors in proceedings , but other errors and misdemeanors e●trajudicial ▪ tending to the breach of the peace , or oppression of the subjects , or to the raising of faction , controversie , debate , or to any manner of misgovernment ; so that no wrong or injury whether publike or private , may be done ; but that it shall be there reformed , or punished by due course of law . i find in the d register of writs , a recital in a consultation ; that the archdeacon of norwich antiently in his spiritual court , sued a parishioner , ex officio , for substracting his accustomed oblations at easter , christs nativity , and all saints , &c. et viaticum quod a singulis catholicis semel in anno recipi debet . cessante legitimo impedimento per multos annos recipers recu●abit , in perniciosum e●eniplum al●orunr . who procuring a prohibitien to stay this sute , and prevent the corporal punishment to be inflicted on him for these offences , pro salute animae : thereupon the king granted a special consultation to the archdeacon , to proceed in this cause , notwithstanding the prohibition ; to punish this notorious delinquent , who refused to pay his oblati●ns , and to receive the lords supper for many years , ( which * ought to be received by all christians once a year at least ) to the pernicious example of others : therefore by like justice ( now these ecclesiastical courts are suppresed ) ought special writs to be issued out of our temporal courts , to correct , punish all such ministers , who ( to the pernicious example of others , the scandal of our church , religion , and prejudice of their peoples souls ) for sundry months and years together , have peremptorily refused to administer the lords supper to their parishioners , though importuned by them to do it ; and likewise to punish all such parishioners , who have obstinately , schismatically or prophanely refused , or neglected to receive it , in such places where it hath been duly administred ; and that e by the very statutes of 1 ed. 6. c. 1. 1 eliz. c. 2. 13 eliz. c. 12. 3 jac. ch. 3 , 4 , 5. which i trust will henceforth be put in vigorous execution against all such obstinate offenders , who shall persevere in the sacrilegious non-administration , or impious non-reception of the holy communion , after these my weak , and other pious mens endeavours to convince them of , and reclame them from these their unchristian practices : i shall conclude with that of f s. hilary ; si non sunt tanta peccata ut excommunicetur quis , non se debet à medicina corporis et sanguinis domini seperare . and with g capitularia caroli et ludovici imperat●r : lib. 7. c. 371. placuit , ut omnes qui ecclesiam intrant ( nisi à suo fuerint excommun●cati sacerdite ) communicent . si qui autem hoc facere noluerint , tamdiu à communione et christianorum consortio habeantur alieni , quamdiu per satisfactionem ecclesiae à proprio mereantur per manus impositionem reconciliari ep●scopo , & sanct●ae resti●ui communioni : and that of the whole h council of agathen , about 441. years after christ : seculares qui in natali domini , pasca , pentecoste non communicaverint ( and by consequence , clerici qui tunc eucharistiam secularibus non administraverint ) catholin non credantur , nec inter catholicos habeantur ; but ought to be reputed as meer heathens , publicans , excommunicate persons , unworthy the name of christs ministers or christians . swainswicke , july 25. 1656. will . prynne . finis . errata . in the title page line 16. regal , read real . p. 1. l. 5. r. reformers . p. 21. l. 33. or , r. of . p. 23. l. 3. roman●● . p. 25. l. 31. two , r. ten . p. 39. l. 11. form , r. from . p. 4● . l. 4. r. 82. p. 47. l. 3. singing , r. fingering . l. 32. satagant . margin . p. 21. l. 8. injured , r. maried . p. 35. l. 17. independency . p. 39. l. 39. opmerus . notes, typically marginal, from the original text notes for div a91228e-320 a athanasius epist. ad solitariam vitam agentes . see dr. bilson his true difference between christian subjection , and unchristian rebellion . part 2. p. 182 , 183. b hilarius ad constantium . l. 3. c hilarius , l. 1 contra constantium . d variae historiae l. 5. c. 13. e ●am. 1. 8. f iude 12 , 13 , 16 , 19. s g 1 john . 4. 6. h isay . 19. 13 , 14. * non doctores , sed seductores ; non pastores , sed impostores . bernard . i 1 iacobi c. 1 , 2. 3. iac. c. 1. k mat. 12. 25. 26. gal. 5. 15. l in my cozens his cozening devotions , q●enchcole , the popish●royal favorite , romes master-piece . hidden works of darkness brought to publike light . canterburies doom . speech in parliament . m●mento● a gospel plea . ius patronatus , epistle to a seasonable legal vindication , &c. a new discovery of free-state tyranny : the quakers unmasked . m see dr. iohn white his way to the true church , and preface before it : & my quakers unmarked . n see lambert , f. 195. 333. 416. da●●on , p. 124 , 115. comple●t justice , p. 223. o heveden annalium pars post●rio● , p. 601 , 602. lambardi archaion . spelmanni concil. p. 619 , 620. see 8 h. 6. c. 1. rastall ▪ parl. 12. p see daltons iustice of peace , c. 38. q see my royal popish favorite . romes master-piece . hidden works of darkness brought to publike light . canterburies d●om . r my speech in parl. memento ; epistle to my ●us patronatus ; and historical legal vindication . s see a new discovery of free-state tyranny . t see the beacous ●●red . u a collection of all publike ordinances p. 424 , 425. * fratri . * frater . x my q●a●ersunm s●●ked . edit. 2. y the newcastle ministers , mr. farmer , mr. baxter , and others . * hidden works of darknesse brought to publike light , p. 93. 100 , 101 , to 214. 218 , to 252. * fratri . z see declaration de pere basil . a sedane 1639. p. 116 ▪ * let those who use these ceremonies still observe it . * that is , frater daniel à sancto johanne ( st. john ) minorum provincialis . a see gratian , de consecrat , distinct . 1 , 2. summa angelica & rosell● . tit. absolutio , confessio , missa , &c. bochellus , decreta eccles. gall . l. 1. tit. 6 , 7. l. 2. ti● . 7. b see summa angelica & rosella , tit. ordo . bochellus decret. eccles. gall . l. 3. tit. 2. d● ordine ▪ peter lumbard . sent. l. 4. dist. 24. qu. 1. c laur. bochellus , decreta eccles. gall . l. 5. tit. 8. l. 4. tit. 1. gratian de cons●cratione , distinct . 1. panormitan , hostiensis , angelus de clavas●o , thomas zerula , a●tonius corsetus , and others , tit. episcopus , consecratio altaris , &c. d cornelius ●grippa , de vanitate scientia●um . c. 63. espencaeus de contine●tiea , l. 3. c. ● . & in tit. 1. gravaminia germani●e . e see bishop jewels defence of the apology , part . 2. c. 8. divis . 3. p. 188. to 195. f see laur. bochellus decreta eccles. gal. l. ● . tit. 10. de libris vetit●s . gosper quiroga ; dr. james and others . g bochellus decret. eccles. gall . l. ● . tit. 6. l. 2. tit. 1. de sacramentis : & other canonists of that title . h bochellus ib. l. 1. tit. 9. & p. 1339. i gratian de consecrat. dist. bochellus , decret. eccles. gal. l. 4. tit. 1. and 5. summa ●ngel . cons●●●at . eccl. & altaris . k gratian de consecrat. dist 1. & 2. bochellus decret. l. 1. tit. 6. lib. 9. tit. 1. sum. angel . tit. missa . & consicrat eccles. l bochellus decret. l. 3. tit. 1. p. 363 , 364 , 372 , & . 554. m bochellus decr. eccl. gal. l. 2. tit. 14. and others hereafter cited . n see bishop ●ewels ●●efence of the ●pology , part . 2. c. 8. divis . 3. bishop halls honour of the injured clergy . o see bishop ●ewel . ib. jo. bale his acts of english votaries . cl. espenca●us de continentia . nic. d● clemangis onus eccl. alva●ez , pelagius , aventinus , and others . p see my epistle to my 〈◊〉 speech in parliament . r see my canterhuries doom . p. 64. 65. r see my speech in parl●ament , and epist. to my historical and legal vindication of the fundamental rights and laws of england . * 〈…〉 ſ my hidden works of darkness , &c. p. 218. to 252. t exact coll . p. 115 , 116 , 117. a menasseth ben-israel , his humble addresses and declaration . b my my short d●murrer against the jews remitter , part 1. p. 43. to 66. part 2. p. 111. to 125 , 135. c see short demurrer , p. 103 , 104 , 105 , &c. d a collection of ordinances , p. 424 , 425 , 426 , &c. e mat. 26. 31. f mat. 28. 19 , 20. 1 cor. 9. 5 , to 20. 2 tim. 4. 1 , 2 , 3. g ma● . 6. 34. h see my antipathy of the english lordly prelacy , part . 2. ch. 6. p. 305 , 306. i john 5. 14. k variae hist. lib. 6. c. 12 , 13. z see my speech in parliament , memento , new discovery of free-state tyranny , epistle to an historical and legal vindication of the fundamental liberties and laws of england , and the history of indepency . a mat. 22. r. to 11. luke 14 12. to 25. harmony of confessions , c. 10. to 16. articles of england , c. 22. to 31. and exhortation in the common prayer books . thomas deacons cotechism . concordia iutherana , p. 542. to 550. practice , of piety . mr. humfrey of free-admission and rejoynder to dr. drake . b harmony of confessions , c. 14. bishop jewels apol. & reply to harding : bish. morton , peter moulins , and others . c see bochellus decr. ecc. gal. l. 3. tit. 1. summa angel . tit. eucharistia : gratian de consecratione , distinct . 2. d see bishop jewels defence of the apology , c. 14. divis . 1. p. 260 , 261 , 264. e bish. jewels reply to harding , p. 282 to 301. see my canterburies doom , p. 63 , 64. quenchcole ; pleasant purge for a roman catholike , p. 140. to 180. bochell●s decr. eccl. gall . l. 3. tit. 1. f see my quenchcole . canterburies doom , p. 61 , 63 , 79 , 80 , 81 , 101. to 125 , 474 , 475 , 486 , 487. * yet hierom in psal. 147. and bishop jewel in his treatise of the sacraments , p. 276. write , quando audimus sermonem domini , caro christi , & sanguis ejus in mentes nostras infunditur . g in my quenchcole . canterburies doom , p. 198 , 199 , 200 , 201 , 474 , 475. a pleasant purge for a roman catholick , p. 159 , &c. h bochellus decreta eccles. gall . l. 3. tit. 1. c. 2 , 3 , 4 , 10. 43. 63. 69 , 70 , 71 , 72 , 73. 82 , 84 , 85 , 88. 90 , 93 , 96 , 98 , 101 , 105 , 106 , 107 , 124. 140. 150. petrus aureosu● : and other schoolmen , in l. 4. dist. 9. qu. 2. summa ancharistia 13. i bochellu● decret. eccles. gal. l. 3. tit. 1. c. 71 , 72 , 73. 105 , 107. summa angelica eucharistia , 3 richard . in 4 sentent . distinct . 9. * harmony of confessions , sect. 14. p. 336. 337. 327. k divine right of church government , p. 252 , 353 , &c. l boundary to the holy mount . m juridical suspension . n see graetian caus. 11. qu. 3. and the glossers on it . bochellus decret. eccles , gal. l. 2. tit. 14. summa avgelica , & rosella . hostiiensis , th. zerula , antonius corsetus , and others . tit. excommunicatio . o divine right of church government . p aarons rod blossoming . q antiquaeries and boundary . r juridical suspension . s considerations and cautions , july 9. 1646. p. 5 &c. t a vindication of 4 serious questions . suspension suspended . u eccles. hist. l. 5. c. 17 , 18. sozonten lib. 7. c. 24. utropius , zonaras , oxmeerus , pedro mexia , crimston in his li●e , baronius , the centuries of magdeburg , dr. bilson , the true difference , &c. part . 3. p. 369 , 372 , &c. x see capit. carol . mag. 5. c. 42. t●rtullian de p●enitentia . dr. hammond of the power of the keys . ch. 4. sect. 43. 44. &c. my vindication of 4. scrious questions , and susp●nsion suspended . y bochellus decret. eccles. gall . l. 2. tit. 14. c. 1 , 2 , 3. 36 , 37 , 38. 45. 48 , 58 , 64 , 65 , 71 , 85 , 92. 121 , 126 , 136. 138 , 142 , 145. z caus. 11. q● . 3. a panormitan , hosti●nsts , angelus de clavasio , lyndewood , ●ant . corsetus , summa rosella , tho : zerula and others , tit. excommunicatio . b see fitzh. ●rook , ash , title excommengment , cooks 1 instit. f. 133 , 134 , 3 instit. c. 81. p. 177. bracton . l. 5. f. 425 , 426 , 427. fleta l. 6. c. 44. capit. caroli et lud●vici , l. 5. c ▪ 23. 28. ●● . l. 7. c. 216. 361. 373. c see the centuries of magd. cent. 3. & 4. d● . bilsons true difference , part 3. p. 376 , &c. d see aug. contr. petil. l. 3. c. 2. e a defence of english catholikes , c. 5. j. e. his treatise of the right & jurisdiction of the prelate and prince . baronius annal. tom. 3. 4. see bilsons true difference between christian subjection and unchristian reb●llion pa●t ▪ 3. p. 369. to 379. f suspension susp●nd●d , p. 25 26. 36. g concilium apud i●●g●s , & synodus a●degavensts , an. 1●81 , apud bo●hellum . dec●●● . eccl. gall . l. 2. tit. 14. de excommunicat●●● , c●p . 90 91. p. 294 , 295. * cum timerent ne principatum ammitterent , cum legum latores , ut majores esse viderentur , multa innovabant ; quaeres ad tantavi pe●venit nequitiam , ut p●●c●pta su●i custod●●ent magis quam mandata dei , chrysost. in mat. hom. 52. h rich. de medie vill●t , in 4. sent. dist. 9. aquinanas , 4. pars qu. 80. an●elu● de cla●asio sum. ●ngel : ●ucharistia , 3. sect. 20 , 21 , 22. i summa angel ▪ eucharistia , 3. sect. 2● . c. de ●omine de cele : ●is● : b●shop jewels defence of the apology , p. 34● . 1 de unitate ecclesi● , c. 10. 2 ad rector . & unive●s . colon . uspe●g●nsis paral●…pom : p. 435. 3 defence of the apology . part 5. c. 12. divis . 2. p. 502. k as dr. drake , mr. collings , & others do in printed books . l ●d romanos , c. 2. m defence of the apology , p. 347. n rom. 3. 8. 4 see sextus aurelius & dion in his life : bishop jewels sermons , p. 183. 5 summa angelica tit. eucharistia , 1. articles of england , ar. 28. harmony of confessions , sect. 14. 6 see my suspension suspended : and vindication of 4. serious questions . o luke 14. 23. &c. matt. 22. 1. to 12. 1 cor. 11. 23 , &c. p apud lau. bochellum , decret. eccles. gall . l. 3. tit. 1. c. 101. p. 376. q bochellus decreta ●ccles . gall . l. 3. tit. 1. c. 105. n●ta . nota. * psal. 109. 7. p●ov. 2● . 9. isa. 1. 13 , 14 , 15. c. 66. 3 , 4. 1 cor. 2. 15 , 16. * mat. 10. 14 , 15. luke 10. 13 , 14 , 15 , 16. 1 thessal . 4. 8. heb. 10. 28 , 29. r bochellus ▪ ●b . c. 20. p. 360. s bothellus● decret. eccles. gall . l. 3. tit. 1. c. 23 , 24. p. 360. t hochellus ibid. c. 72 , 75. u a legal resolution of two important quaeres . x register pars 2. f. 58. 4 e. 4. 37. prohibition 8. fitz. nat. brev. s . 43. e. y see register pars 2. f. 30 , 31 , 32 , 33 , 66. fitzh. nat. brevium , f. 163 164. 228 , 229. &c. z register pars 2. f. 19. 27. 28. 164. 172. 198. fitz. nat. brev. f. 156 , 157. cooks 2 instit. f. 99. 100. a register pars 1. f. 159. 153 , 173 , 174. fitz. and old natura brevium . qui tardè de ●it , et diem de die extrahens prosuit , non ex animo fecit . seneca de beneficiis , p. 10. b register , pars 1. f. 146 , 147 , 148 , 151 , 175. 179 , 180 , 184 , 187 , 260 , 281. fitzb. old natura brevium . c pat. 4 h. 3. pars 1. m. 1. claus. 4 h. 3. m. 4. & dors . 16. claus. 5 h. 3. m. 14. & 6. cart 6 johan . reg. m. 12. * cooks 11 rep. f. 98. ● . d pars 2. f. 50. b. * sea the canons , anno 1603. can. 21. 11● . e see lamberts justice of peace , f : ●16 : the compleat justice , p. 286. f gratian , de consecratione distinct . 2. g fredericus ●andebrogus , cod●x legum antiq. h surius concil. ●om . 1. p. 712. gratian de consecrat. distinct . 2. juo carnotens●s , d●cret . pars 2. c. 33. a brief necessary vindication of the old and new secluded members, from the false malicious calumnies; and of the fundamental rights, liberties, privileges, government, interest of the freemen, parliaments, people of england, from the late avowed subversions 1. of john rogers, in his un-christian concertation with mr. prynne, and others. 2. of m: nedham, in his interest will not lie. wherein the true good old cause is asserted, the false routed; ... / by william prynne of swainswick esq; a bencher of lincolns-inne. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91153 of text r203220 in the english short title catalog (thomason e772_2). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 166 kb of xml-encoded text transcribed from 33 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91153 wing p3913 thomason e772_2 estc r203220 99863260 99863260 115450 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91153) transcribed from: (early english books online ; image set 115450) images scanned from microfilm: (thomason tracts ; 118:e772[2]) a brief necessary vindication of the old and new secluded members, from the false malicious calumnies; and of the fundamental rights, liberties, privileges, government, interest of the freemen, parliaments, people of england, from the late avowed subversions 1. of john rogers, in his un-christian concertation with mr. prynne, and others. 2. of m: nedham, in his interest will not lie. wherein the true good old cause is asserted, the false routed; ... / by william prynne of swainswick esq; a bencher of lincolns-inne. prynne, william, 1600-1669. [2], 62 p. printed, and are to be sold by edward thomas at the adam and eve in little britain, london, : 1659. in part a reply to: rogers, john. diapoliteia. annotation on thomason copy: "9ber [i.e. november] 7.". reproduction of the original in the british library. eng rogers, john, 1627-1665? -diapoliteia -controversial literature -early works to 1800. nedham, marchamont, 1620-1678. -interest will not lie -controversial literature -early works to 1800. england and wales. -parliament -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. great britain -history -puritan revolution, 1642-1660 -early works to 1800. a91153 r203220 (thomason e772_2). civilwar no a brief necessary vindication of the old and new secluded members, from the false malicious calumnies;: and of the fundamental rights, libe prynne, william 1659 28266 6 5 0 0 0 0 4 b the rate of 4 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-02 aptara keyed and coded from proquest page images 2007-03 emma (leeson) huber sampled and proofread 2007-03 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a brief necessary vindication of the old and new secluded members , from the false malicious calvmnies ; and of the fundamental rights , liberties , privileges , government , interest of the freemen , parliaments , people of england , from the late avowed subversions 1. of john rogers , in his un-christian concertation with mr. prynne , and others . 2. of m : nedham , in his interest will not lie . wherein the true good old cause is asserted , the false routed ; the old secluded members cleared from all pretended breach of trust ; the old parliament proved to be totally dissolved by the kings death ; the sitting juncto to be no parliament and speedily to be dissolved by the army-officers ; the oathes of supremacy , allegiance , fealty to the king , his heirs and successors , to be still binding , continuing : the new commonwealth to be the iesuites project ; ch. stewart not sworn to popery , as nedham slanders him ; the restitution of our hereditary king and kingly government , not an vtopian republike , evidenced beyond contradiction to be englands true interest both as men and christians ; and the only way to peace , safety , settlement . by william prynne of swainswick esq a bencher of lincolns-inne . jer. 51. 9 , 10. we would have healed ( english ) babylon , but she would not be healed ; forsake her , and let us go every one to his own country ; for her judgement reacheth unto heaven , and is lifted up even to the skies : the lord hath brought forth our righteousness ; come and let us declare in zion , the work of the lord our god . ps. 63. 11. but the mouth of them that speak lies shall be stopped . london , printed , and are to be sold by edward thomas at the adam and eve in little britain , 1659. a brief necessary vindication , of the old and new secluded members , &c. on the 17. of this instant september , ( during my private retirement in the country for my health and quiet , ) i received 2. books , fraught with malicious calumnies , bitter scoffs , insufferable reproaches , against my self and other secluded members ; yea destructive to the very fundamental rights , liberties , privileges , government , interest of the freemen , parliaments and realm of england , for which we have so many years contested . the 1. of these thus intituled , a christian concertation , with m. prynne , m. baxter , m. harrington : for the true cause of the commonwealth , &c. by j : rogers . a most scurrillous pasquil , fraught with absurd impertinencies , conjuring , canting , new-coyned a swelling words of vanity , odious comparisons , bitter scoffs , rayling epethites , b loathsom , stinking obscene queres , defiling the very air ; c boyish tricks , playing with mens names and reputations , ( which he d severely censures in others , yet is most guilty of himself ) displaying him to be , rather a e conjuring sorcerer , than gospel-minister , an apostate scoffing lucian , than sober real christian , standing much in need of the f several pills he prescribes mr. baxster , to purge his filthy stomack , spleen , brain , heart , pen , from such rotten stinking humors for the future ; almost every page in his book , being either g scandalum magnum , or scandalum magnatum , to use his own expressions often distilling from him ; but his h egregious flattery of his own faction . the 2. interest will not lie : or , a view of englands true interest , by mar : nedham ; which had he intituled , interest will lie : or , a view of englands false interest , by mar. — england ; it had been a true character of it . the first , most furiously chargeth me , and my secluded companions in the van , the later in the rear : the one with whole vollies of fired squibs , more like a whiffler , than a muskateer ; shooting nothing but wild-fire , and i bitter words , without bullets . the other like a trumpeter , rather than a trooper , sounding a fierce charge against us with his trumpet , without wounding us with his lance or sword , which are very obtuse . to avoid prolixity , impertinence , and repetitions , i shall reduce all the material differences between us into 6. distinct questions , wherin i shall refute what they have published , relating to my self , the other secluded members , the rights , privileges , interest of our parliaments and nation , with all possible brevity ; omitting their personal scoffs , and scurrilities . the 1. question , between j. rogers and mr. prynne , ( wherein nedham hath no share ) is but this . whether the defence , maintenance of the true protestant religion ; the kings royal person , authority , government , posterity , the privileges and rights of parliament , consisting of king , lords and commons , the laws , statutes of the land , the liberty , property of the subject , and peace , safety of the kingdom , were the only true and good old cause , for which the long parliament , and their armies , first took up arms in 1642. and continued them till the treaty with the king , 1648. as mr. prynne asserts and proves ( like k a lawyer , by punctual evidences , witnesses , votes , declarations , remonstrances , ordinances of both houses ; yea of the army-officers , generals , council , during all the wars ) in his good old cause rightly stated ; his true and perfect narrative ; the re-publicans and others spurious good old cause briefly and truly anatomized ; and in his concordia discors : or , whether the erecting of a new commonwealth , and parliament without a king and house of lords , and majority of the commons house upon the ruines of the late king , kingdom , parliament , since 1648. to 1653. and the reviving of it may 7. 1659. by some swaying army-officers , and the farr minor part of the old commons house confederating with them , by meer armed power secluding the greatest number of the surviving members , and whole house of lords ; which j. rogers endeavors to prove like a logician , without any evidence , witness , but his own ipse scripsit ; though l professedly disclamed by both houses of parliament , and the army too , in sundry printed declarations , as the highest scandal , never once entring into their loyal thoughts ? when this logician with all his sophistry , anatomy , pills , physick , can make that which was never in being , but since 1648. as we all know , and himself asserts in his concertation , p. 7 , 9. to be the good old cause ( in being m long before the last parliament of king charles ) for whose defence they first took up arms , in 1642. or , that cause which never once entred into their thoughts , and was professedly disclamed till 1648. to be the cause they proclamed and fought for , from the wars beginning ; he must yeeld up his spurious good old cause , as desperate ; his scurrillous goos-quils ( to use his n own words ) dashing the gall of his ink upon mr. prynnes former papers to little purpose , in this particular ; but to blot them a little , not to answer them a line , nor the argument of them in the least . the 2. question is this , whether mr. prynne , with the majority of the commons house , and whole house of peers , were forcibly secluded the parliament by the army , for any real breach and forfeiture of their trusts , in 1648. or ever legally impeached , convicted thereof either then , or since , before any lawfull judicature ? this rogers briefly and not very positively affirms , p. 7. but nedham averrs and makes it his masterpiece , insisting on it at large from p. 28 , to 37. ( wherein his interest doth nought else , but lie ; ) as the basis whereon his present parliament , and republike are bottomed ; which fall or stand upon the truth or falshood of it : wherein he is so peremptory , as not only to proclame us guilty ( to the present and succeeding generations ) in the highest degree , without hearing or trial , but to pronounce this peremptory sentence against us ; a that not only by the law of necessity ( which they pleaded that acted it ) but by the law of the land , they might have been called to account for their lives in a capital manner : but were favourably , as well as iustly dealt with , in being deprived only of their interest in the house , when as their heads might have béen required . so this headsman , ex tripode , magisterially determines . this question , so highly concerning us in our present and future reputations ; and the right , freedom of parliaments and their members in all generations , i shall more largely debate ; and for ever acquit my self and fellow-secluded members , from this scandalum magnum st magnatum , long since b cleared , refuted by us , yet now revived afresh against us , in the highest degree . i shall desire the readers to consider ; 1. those who first accused us as breakers of our parliamentary trusts reposed in us , were neither the respective counties , cities , boroughs , who elected , authorized , returned , trusted us for their knights , citizens , burgesses in parliament , the only fit accusers and judges of us out of parliament , who all absolve and justifie us against this calumny ; nor yet our fellow-members , or house of lords , the onely meet impeachers , judges of us in parliament , if guilty ; but onely the general council of officers in the army , who neither elected nor intrusted us ; were only our mercinary , sworn servants , not our iudges ; and yet most notoriously , trayterously , perfidiously violated both their trusts , faith , duties , by waging war against us , and forcibly seising , secluding us , against their commissions , the protestation , solemn league and covenant they had all subscribed . and were these fit persons to accuse us then or now of breach of trust , who are such grand trust-breakers themselves ? 2. that this breach of trust , was not so much as objected against us by them , before , nor at their treasonable sodain secluding and securing us , decem. 6. & 7. 1648. and therefore could not be the true cause of our seclusion , but a subsequent pretence : yea these officers to mutiny the common souldiers against us , told them ; that the members they seised at the house door , were those who pursed up and kept away their pay from them ; and that was the only cause the common soldiers assisted them to secure us , else they would not have medled with any of us ; as they told me and col : birch in the queens court the day we were seised . whereupon i assuring them , it was a grosse untruth ; for neither of us then secured , was a treasurer or receiver of monyes ; they answered , they were informed the contrary by their officers , and were sorry we were thus abused , and kept out of the house upon such a false suggestion . 3. that they never charged us with breaking our trusts , till near a full month after our seclusion and securing ; and that upon this occasion , as nedham himself relates , p. 31. upon the armies seising us , decemb. 6. the members then sitting in the house , sent out the serjeant into the queens court , where we were detained , to command our attendance in the house ; but the soldiers detaining us prisoners , would not permit us to go to the house : thereupon he was sent the second time , with the mace to fetch us in ; but the officers staid him at the house door , and would not permit him to pass : which was entred in the iournal book , as a contempt . being startled with this sodain force on the house , they concluded not to procéed in business till their members should be restored . ( therefore they judged them no breakers , but performers of their trust , when seised and secluded by the army ; ) and in the mean time ordered , that the general should be sent to , to know the reason of the armies proceedings in seising the members ? upon this , the general council of officers not before ianuary 3. 1648. ( when they had not left 50 members in it ) returned their answer to them , that they were necessitated thereunto ; ( upon meer forged pretences ) and that these members had broken their trusts , which occasioned them to seclude and seise them . a pretty excuse and cloak for so transcendent a treason . 4. that in this answer , they most falsly scandalized , traduced the secluded and secured members ( as nedham doth in their terms , with some additions of his own ) which i shall briefly refute : 1. he saith , that mr. prynne and his party heretofore and now secluded , did seclude and separate themselves from the publike interest before they were secluded , p. 28. but wherein he tells us not . and is this either evidence or conviction to seclude us ? a a quis insons erit si accusasse sufficiat ? 2ly . he addes , our seclusion is justifiable by lex talionis , because we had some time before secluded the honest party of the house , by encouraging the apprentices who came to the house door , drave away the faithful party ( of which the members now sitting are principal ) so that the speaker and they were forced to fly out of town for protection to the army , &c. and mr. prynne and all his party approved this procéeding . here interest lies for the whetstone : for 1. mr. prynne sate not at all as a member in the house , till novemb : 7. 1648 being elected but in august before , without his privity , and much against his will : this tumult was in july , 1647. above a year and quarter before ; yet mr. prynne must then assent to it , as a member , and be guilty of it and all his charges , p. 30 , 31 , 32. before he was a member , and be for ever 〈◊〉 and silenced thereby . 2ly . there was never the least 〈◊〉 of truth or proof , that any of the secluded mem●ers raised , or encouraged this tumult of the apprentices . 3ly . most of them , to my knowledge , did then both in publike and private , declare their dislike thereof as much as any now sitting . 4ly . these apprentices secluded not one member out of the house , much lesse secured any , as the army did ; but only kept most of them in the house , till their petition was answered by them ; upon which they all departed without any future force : after which the house adjourned from monday night till thursday morning , because of the general fast the wednesday following . 5ly . the members pretended to be forced out of town by this tumult , and to fly for protection to the army , departed not thence , till some army-officers sollicited them by perswasions and menaces to repair to the army and leave the house , against their judgements , as divers of them have confessed . particularly mr. lenthall the speaker being at the fast in margarets church the wednesday following , discoursing with sir ralph ashton , sir benjamin rudyer and 4. more members sitting with him , between the two sermons ; told them of his own accord ; that there was a scandalous report raised in town , that he meant to leave the house and run away to the army : but for his own part , he had not any such thought or intention , but resolved to continue in town , and to live and die with the other members in the house , if there were cause . on thursday morning most of the members appeared at the house , expecting the speakers coming till near 11 of the clock , and sent 2 or 3 messengers for him . at last they were informed , that he was sent for , and gone that morning to the army . whereupon sir ralph ashton and those who sat with him at the fast , related his words in my hearing ( being then casually in the house ) to the other members , and sundry times since to the house and to my self ; hereupon the members present were necessitated to chuse another speaker pro tempore , ( as they had oft times done in case of sickness or absence , both before and since ) to supply his place , adjourn and dispatch the businesse of the house : so as the speaker and members then departing to the army , without the houses leave or privity , voluntarily secluded themselves , and were neither secluded by the apprentices , nor their fellow-members ; who were so farr from secluding , that they sent sundry messengers to call them to the house , and were highly discontented at this their causless departure from it . 5ly . these apprentices came without any arms at all to the house , only with a petition ( occasioned by the army-officers encroachments upon the cities militia , and privileges , ) without any intention to seclude or secure any one member , departing from the house that day , and never returning to disturb them after . but the undutifull army-officers , who so much declame against this unarmed force as treasonable ; against both houses votes , orders , letters to them , not only brought up the army to westminster , placed whole regiments of them in arms at their very doors , who secluded the whole house of peers , and above two parts of three of the commons house ; giving the captains of the guards a particular list whom to secure , whom to seclude , and whom only to admit ; but likewise continued their forcible great armed guards upon the houses , several weeks , yea moneths , and detained me with other members prisoners under them two or three moneths ; and that after this pretended force of the apprentices , ( no wayes parallel to theirs , who were purposely raised to guard us , not seclude us ) which they so much condemned ; and the speaker himself in his printed letter of july 29. with the rest upon their return to the house in their ordinance of august 20. 1647. so far branded , as to make and declare all proceedings during their absence voyd , by reason of it . therefore what ever other men may do , nedham ( to use his own words , p. 29. ) and his now sitting party , the army-officers and all their adherents , must henceforth be silent , and for shame lay their mouthes in the dust for ever , as to this particular . for , if our falsly pretended encouraging , conniving at this unarmed sodain tumult of the apprentices in july , 1647. were a sufficient ground for our seclusion from the house as infringers of our trusts ; then their evident , apparent fore-plotted encouraging , conniving at and justifying the armies force upon the house it self and the xi . members twice or thrice , anno 1647. and on the majority of the commons , and whole house of lords , 1648. and now again on mr: p : and others of them may 7. & 9. 1659. must for ever disable and seclude them to sit or act as members in the house , by their own law and plea . 3ly . all the rest of his objections , p : 29 , 30. ( taken out of the officers answer , jan : 3. ) as they concern not mr: prynne , being then no member ; so they were so satisfactorily answered , refelled as most false and scandalous , by the secured and secluded members themselves , in their vindication in answer thereunto , printed 1649 : p. 7 , to 22. that impudency it self might blush to revive them now : to which i referr the reader for satisfaction . only whereas the officers then , and nedham now object , that the malignant and neutral party in the house to gain the major vote , upon new elections , by indirect means , brought in a floud of malignants or neuters into the house ; i shall adde to what the secluded members then replied unto this forged aspersion in their vindication , p. 7 , 8. first , that all the secluded members came in upon fair and unquestionable elections , upon the new recruit ; but many of those who sate both before , at , and after our seclusion , upon most foul ones , voted voyd long before by the committee of privileges , as humfry edwards , and fryes elections were , continued sitting . 2. that most of these new members were brought in by the force , power , and menaces of the army , and solicitation of their solicitor general and chaplain , hugh peters ; who like an vbiquitary , was present at the elections for most counties , cities and boroughs throughout england , and well bribed for his pains , to canvas for voices for the armies instruments . 3ly . that 22 of those 42 members called in by the army-officers , may 7. 1659. and above half of those who sat with them since , came in upon this new recruit of malignants and neuters . 4ly . col : ireton , harrison , skippon , rich , ludlow , ingoldesby , mountague , white , sydenham , bingham , jones , yea fleetwood himself , ( the swaying army-members when we were secluded , and chief actors in it ) came all in upon these new elections ; some of them being prime authors , members of this new convention invited in fleetwoods name and army-officers to sit , and authors of our new seclusion : therfore the armies and nedhams slander of our pretended filling the house upon the new recruit with malignants ( as these have proved to us at least ) must recoyl wholly upon themselves , as such , and be a real ground for their , not our seclusions . lastly , if our filling the house by new elections to get a major vote , were a crime demeriting seclusion from it : certainly their emptying the house then and now to get a major vote by secluding most of the members , must be a crime and practice , demeriting an expulsion . 5. the army-officers themselves in their very answer , waved all these calumnies , as no ground of our seclusion ; declaring to the sitting members ; that the sole ground of our seclusion , was , the vote we passed upon the long nights debate : that the answers of the king to the propositions of both houses , was a ground for the house to procéed upon for the settlement of the peace of the kingdom : which vote being passed a after 3 dayes and one whole nights solemn debate , without dividing the house , notwithstanding the armies march to the very doors . hereupon the army-officers ( to wrest both the regal and parliamental power , & kings revenues into their own hands , prevent all hopes of future peace , settlement , and involve us in endless wars , changes , revolutions , as visible sad experience hath evidenced ever since ) mutinying the common soldiers against us by misreports , the very next morning dec : 6. marching with several regiments of horse and foot to the doors of both houses , guarding all accesses to them ; where they seised my self , with above 40 members more at the house door going to discharge their trusts , pulled two members out of the house it self ; secluded and chased away above 200 members more , besides the lords whole house . and whether the passing of this vote alone after 6. years intestine wars , at the earnest desire of our whole 3 kingdoms , almost ruined by them , according to our judgements , consciences , oaths , protestation , covenant , duty , and the trust reposed in us , by our electors , upon such ample concessions of liberty , benefit to the subjects , security to religion , and safety to our 3 : kingdoms , the army , parliament , all adhering to them , as our ancestors , selves never formerly possessed , expected , desired ; and we never since enjoyed , nor can expect under any new republike , or parliamentary conventicle whatsoever ; was a breach of our parliamentary trusts , and a closing with the king upon his own terms , and such as within a short time would ( of necessity ) have yeelded up & betrayed our lives , liberties , and whole cause contested for into the kings tyrannical power , as these army-officers , and this impudent mountebank most scandalously affirm , let their own consciences and our whole 3 nations judge ; the secured and secluded members in their vindication , and i , in my speech in parliament , and epistle before it , having so largely resuted it , that the devil himself ( the a father of lies ) would blush to revive such a lie and slander as this : and how destructive it is and hath been not only to the privileges and freedom , but being of parliaments , for soldiers and those who are no members , without hearing or accusation , to pull the major part of the members out of the house , only for voting according to their consciences , after free and full debates , against the votes or designs of the lesser , inconsiderabler part confederating with the army ; let all wise men , and the sad effects thereof ever since , determin . 6ly . these army-officers never impeached any of the then secluded members for breach of their trusts , to those few sitting members they left behind of their own party , by way of charge or article , to which they might give a legal answer , and be brought to a publike trial ; and when they were pressed to charge some of them they secured as the greatest delinquents in this kind , with particular breaches of their trusts , they answered , they had yet no charge at all ready against any of them , but hoped to provide one in due time ; which they never did to this day . as for their scandalous answer , jan : 3. being no legal charge against the members , but a pittiful false excuse of their own breach of trust , faith , duty in seising and secluding them ; mr. prynne in particular in his epistle to his speech , and the other members in their vindication , gave such a satisfactory answer to all the calumnies in it , as they never yet replyed to : and therefore must stand clear from this scandalum magnum & magnatum in the sight of god and man . 7ly . sundry of the members sitting since our seclusion , and now again , have confessed to me ; that our seclusion was most unjust ; and that their forcible seclusions since , april 20. 1659. and in 1654. was but a just retaliation and punishment of god upon them , for consenting to our unjust seclusion in december 1648. yea , a means to deprive us from all future hopes of a free parliament , so long as we had any standing army in england . and yet must we be guilty of breach of trust ? 8ly . major packer himself ( an anabaptist ) then and now again a member of the army , in the last convention at westminster , publikely acknowledged in the house , in a long speech , that he and others of the army who had a hand in securing and secluding us , were seduced and instigated thereunto by cromwels ( and iretons ) suggestions ; that wee were dishonest men , who pursued our own private interests and the kings , to the prejudice of the publike : but afterwards he clearly discerned , that we were very honest gentlemen , pursuing nothing but the publike interest ; acting according to our consciences ; and that he had often cryed god mercy in private ; and did there again and again cry them mercy in publike ; and hoped they would all forgive him , for having a hand in secluding us : which he oft repeated . and others have acknowledged , they were knaved and fooled into this action , by slanderous misinformations . wherefore malice it self must needs acquit us from this forged calumny . 9ly . those principal officers of the army , who accused , and secluded us as trust-breakers in dec. 1648. both accused those who sate from 1648. till april 20. 1653. turned them all out of doors , and declared them actually dissolved , for sundry years , as farr greater infringers of their parliamentary trusts than we ; stiling them in a two printed declarations , a corrupt party , carrying on their own designs to perpetuate themselves in the parliamentary and supreme authority ; never answering the ends which god , his people , and the whole nation expected from them , &c. therefore if their single accusation of us alone by way of answer ( which we refuted in print ) disabled us for ever to sit in the house since 1648. and now again since may 7 : 1659. by nedhams and rogers resolutions and the army-officers who secluded us ; then much more this their doubled and trebled accusation against all sitting after our seclusion , and now resitting , by way of declaration ( which they never yet answered ) must much more disable them now to sit and act again as a house , especially without us , as members of that parliament , if continuing still in being . 10ly . the trust reposed in all members of the commons house secluded or unsecluded in the last parliament of king charles , is punctually expressed , comprised in the writs and indentures by which they were chosen , returned , empowred , trusted , to sit and act as members by the commonalties who elected them ; and in the oathes of supremacy and allegiance , which they all took , and ought to take , by the statutes of 5 eliz. c. 1. & 7 jac. c. 6. before they could sit or vote as members . now this trust was wholly and solely , to do and consent to those things which should happen to be ordained by common consent of the king , lords and commons , by common counsel of the realm , concerning certain arduous and urgent affairs , touching the defence , state , crowns of the king and his kingdom , and of the church of england : to bear faith and true allegiance to the king , his heirs and successors ; and him and them to defend , with all rights , jurisdictions annexed and belonging to the imperial crown of england , against all attempts and conspiracies whatsoever : as the writs and returns themselves , with all a antient writs of this kinde , and their returns , with the expresse words of these oathes resolve ; with the protestation , league , covenant , and manifold declarations , votes , remonstrances of both houses , to which those sitting from 48. to 53. and now met again , gave their full , free consents and subscriptions , as well as the secluded members . let heaven , earth , our whole 3. kingdoms , and our accusers themselves then , now resolve , whether i and my secluded companions , who constantly , loyally , strenuously in the forecited vote , and all other our proceedings , pursued those trusts , oathes , duties , in despite of all oppositions ; or those unsecluded sitting and re-sitting members and army-officers , who have most apparently , perfidiously violated it in every branch , by and since our seclusions , to the destruction of our king , kingdoms , kingship , parliament , church , all rights and jurisdictions of the crown , and subversion of the liberty , property , privileges of their fellow members and all other subjects ; be the greatest trust-breakers , traytors ; and which of us best deserve to lose not only our right of sitting any more in the house , but our very lives , heads , liberties , estates , in point of justice , and conscience . all that is or can be objected against us , with any shadow of reflection , is the a vote of january 11. 1648. made upon the armies answer touching our securing , jan : 3. that the house doth approve of the substance of the answer of the general council of the officers of the army to the demands of this house touching the securing and secluding of some members thereof : and doth appoint a committee ( of 24. ) or any 5. of them , to consider what is further to be done upon the said answer , and present the same to the house . but doth this vote fix any breach of trust upon us for which we deserved perpetual seclusion , without any hearing , impeachment , trial ? surely not in the least degree . for 1. it approves only the substance of the armies answer , which is general and indefinite : 2ly , it is not touching the securing and secluding of all the members then secured , or secluded by the officers ; but only of some of those members who were secured , as well as secluded ; without naming any one of them in particular , most of them being released before this vote : therefore it can fix no guilt or crime upon any one particular member of us , unlesse those some had been nominated : 3ly , this vote was past behind our backs , without hearing any of us before it passed : 4ly , a special committee was appointed to consider further of their answer , and report what was further to be done therein ; which they never did : 5ly , this vote was made above a full month after our secluding and securing , when all the members but 42. were secluded or driven thence ; and the rest sitting under the force , guards , of the army ; and so by their own votes and ordinance of august 20. 1647. this vote , with all their other proceedings were mere nullities . 6ly , ten of those who passed this vote , were the very army-officers who made the answer , the chief contrivers , authors of our seising , securing , and chief accusers ; therefore most unfit to be our judges , or passe any vote against us behind our backs : especially since they promised to conferr with us at wallingford house the evening they seised us ; and yet lodged us all night on the bare boards in hell . after which they promised to conferr with us the next morning 9. a clock at whitehall ; and there kept us waiting in the cold till 7. at night , without once vouchsafing to see us , sending us away thence through the dirt , guarded on every side like rogues to the kings head , and swan in the strand ; where they promised several times to conferr with us , but never came to do it . now , whether there can be any credit given to their votes or answer , who so frequently brake both their trusts , words , faiths , promises to us , before this their answer , let the world , and our greatest enemies determin . finally , the chief authors of and instruments in this our accusation and seclusion , were the very self-same army-officers and members who in april 1653 , dishoused , dissolved those now sitting , and then accused , branded them twice or thrice in print , as farr greater infringers of their trusts than we : as for the house of lords , secluded , suppressed by them , a there was never the least breach of trust objected against them ; neither had the army , b or smaller garbled remainder of the commons house , the least right or jurisdiction to seclude or eject the majority of their fellow members , much lesse the whole house of peers . upon all which premises , i here appeal to all the tribunals of men on earth , and gods , christs tribunals in heaven ( before which i summon all our old and new accusers whatsoever ) to judge ; whether this great charge of breach of our trusts , ever justly could , or henceforth can be objected against us civilly or criminally , without the greatest scandal ; and whether this could be a lawfull ground for any to justifie our first or last seclusion ? the 3d question is this ; whether the last parliament summoned by king charles his writ , assembled at westminster , 3. nov : 1640. was not totally and finally dissolved by his beheading , january 30. 1648. notwithstanding the statute of 17 caroli c. 7 ? in this my 2. new antagonists are divided . rogers , p. 7. confesseth it to be dissolved ; and that i have learnedly proved it in my narrative , p. 24 , to 34. adding , how néedlesse that long discourse is , to prove what we never denied . but though he , and his wee , denied it not ; yet those who sate from 1648. till 1653. by pretext of their first writs , elections , and of this act , as they then affirmed in and by their speeches , declarations ; mr. abbot and purefoye , in their prynne against prynne , ( both of them members , and one of them now sitting ) with their president john bradshaw , who condemned the king , and sundry denyed it ; yea most now sitting denyed it by words and action ; therefore i unanswerably refelled them , and satisfied most others by that long discourse : therefore it was not needless , as this critick rashly censures it . nedham , p. 35 , 36 , 37. though he confesseth ; that according to law the parliament was dissolved by the kings death ; and that whiles the old constitution of parliaments remained without disturbance it is reason this law should be retained , for the reasons i have rendered : yet in this particular case , by reason of the warr between king and parliament , he will by no means yeeld the parliament to be dissolved by the kings death , but to remain intirely in the members sitting at his death ; and that it is now again revived in them , after above 6. years interruption : to prove which strange chymaera , by stronger mediums , he * spends some pages , to convince and satisfie all contradictors . i shall a little examin his absurd and most dangerous principles from whence he draws his conclusion . his main principle to prove it , is this . that the king by his actual war against the parliament , did thereupon forfeit his kingship and crown , and became a private person and enemy ; dissolved the constitution both of the kingdom and parliament ; and not only violated all law in the branches , but plucked up the very root of it , in destroying the parliamentary establishment , as much as in him lay , and thereby introduced another law of arms . from whence he deduceth 3. conclusions : 1 the justice of secluding the members : 2ly , the sufficiency of the authority that condemned and executed the king : 3ly , the legality of the remaining members continuing and sitting as the parliament , and supreme authority of england , which after the kings beheading , and other members and lords seclusion , descended and was transmitted to them by the law of war , for the people . this he determines to be law and reason too , sufficient to convince both royallists and presbyterians of the lawfulnes of the power , and present sitting , acting as a parliament , by those few members at westminster , secluding all the rest . to which i answer : 1. that if the kings death by law , reason , dissolved the parliament in an orderly cause , because his writs of summons abated by his death , & they could not treat with him concerning his and his kingdoms affairs , nor he consent to any bills after his decease : which he freely grants : then by the self-same reason , law , his violent death must dissolve this parliament , as i have largely proved . 2ly , if the kings levying war against the parliament , did actually dissolve the very constitution , law of the parliament and kingdom , and made him no king at all , but a private person ; which he layes for his foundation ; then it must necessarily dissolve the parliament and kingdom too , and make them no parliament , no kingdom at all , as well as himself no king . for how can the parliament continue , when its very constitution is dissolved ? 3ly , by this position it inevitably follows , that we had neither king , parliament , kingdom , nor any laws at all but only of warr , from the beginning of the wars or first battel at least , between the kings and parliaments forces many years before his death ; but this the king , kingdom , parliament , the sitting as well as secluded members , both armies , and our whole 3. kingdoms ever denied in all their votes , orders , ordinances , declarations , remonstrances , petitions , treaties , propositions whatsoever from 1641. till december 1648. and nedham himself in his diurnalls and mercuries ; in all which the parliament , both houses , and army-officers stiled him their king , and the king and his party ever stiled them the houses of parliament . therefore this position must be a most notorious falshood , wherein interest doth grosly lie . 4ly . those he stiles the honest faithfull members , in their very votes of non addresses ( passed by force and fraud ) in their knack for the kings tryal● , impeachment , proceedings , sentence of condemnation against him , after our seclusion , in their declaration of 17 martii 1648. after his death , and sundry other papers , ever stiled and acknowledged him to be king , and england his kingdom , notwithstanding the wars between him and the parliament : therefore the very war did not vnking , nor make him a private person , nor dissolve the constitution of the kingdom and parliament : else there could not be a war against or between the king or parliament , if the war it self unkinged him , unparliamented them , and dissolved all their constitutions . 5ly . no person by the a law of god , nature , nations , the great charter , laws , statutes of england , and votes of parliament , ought actually to forfeit , or to be ipso facto deprived of his office , freehold , liberties , estate , life , without a legal proceeding , tryal , conviction , judgement , attainder : much less then the king himself , the supreme magistrate , and governor of the realm ( in whom all have a common interest ) unkinged and made a private person , or publike enemy , and totally deprived of his crown and soveraignty : therefore his actual levying war against the parliament , without , before any legal impeachment , conviction , or sentence of deposition , could not unking nor make him a private person , as the cases of edward the 2. and richard the 2. and the b parliaments which deprived them of their kingships after their resignations , clearly resolved , against this jesuitical new doctrine . 6ly . if the king by his bare levying war against the parliament , actually lost his kingship and became a meer private person before any sentence of deprivation , then by the self-same reason , law , every traitor levying war or conspiring against the king , every murderer , theef , felon , corrupt judge , justice , mayor , sherif , inferior officer , by the very committing of treason , murder , felony , adultery , bribery , injustice , and breach of their respective trusts , should be actually attainted of those offences , their lands , offices presently confiscated , without any indictment , trial , verdict , judgement against them : yea every act of adultery by any husband or wife should actually dissolve the bond of marriage for ever , without and before any sentence of divorce between them : which * mr. wheatly publikely recanted as a dangerous error . and how destructive such new nedham , interest law would prove to all mens lives , liberties , estates , yea to every mans soul ( since every act of sinne by like consequence should actually damn , and make even saints themselves to fall totally and finally from grace and gods favor ) let all judicious men resolve . 7ly . if this be law , then had the king and parliament upon any treaty after the wars accorded ; he ought to have been new proclamed , installed , crowned king again ; and the parliament resummoned by new writs . 8ly . he confesseth this to be the very principle of barclay the jesuit , from whom he borrows it , p. 34. therefore his present parliament and republike built thereon , are purely jesuitical by his own confession . 9ly . this jesuits position is not so bad as his ; he speaks not of every civil war made by a king upon his subjects , for which there may be just occasions ; but only of a king warring upon his people of purpose to extirpate and destroy them : which he saith , it seems almost impossible any king should be so mad as ever to attempt . which the king in his war against the parliament , by his victories , proceedings against the prisoners , members , towns he took during the wars , in sparing all their lives actually , really , and oft times verbally and professedly disclamed in all his proclamations , speeches , remonstrances , messages to , and treaties with the houses . therefore his war against them , did neither unking him , nor make him a private person and publike enemy , by this jesuites resolution . 10ly . if the kings war against the parliament did really unking him ; then certainly the generals , army-officers , and armies actual levying war upon both houses of parliament , by secluding , securing the members and king , did really uncommission and unarmy them , and made them no officers , no army at all , but a rebellious rout ; and all members concurring with them therein , no members , no parliament at all . the sequel is infallible . therefore nedham must either now disclaim this desperate jesuitical position , with all his 3. treasonable conclusions from it ; or else henceforth disclame the army-officers , army , and their formerly suppressed , now revived parliament . 11ly . admit his paradox true , that the king by his war against the parliament , actually ceased to be a king , &c. yet his inference thence , that the parliament was not dissolved by his death , but continued after it , is most false ; yea the contrary thence inevitably follows , that it was wholly dissolved long before his death , so soon as he ceased to be a king and became a private person ; and that by the expresse resolution of the whole parliaments of 22 r. 2. and 1. h. 4. rot . parl. n. 1 , 2 , 3. in a case most like to ours . * henry duke of lancaster , raising a great army to lay title to the crown , king richard the 2d . bringing an army to suppresse him ; the king finding his forces over-weak , and the dukes too potent for him , having seised bristol , and other sorts ; thereupon a parlee was had between them , and agreed , king richard should summon a parliament at westminster , wherein he should resign his crown , renounce his kingship , and the duke to succeed him . upon this he accordingly summoned a parliament , where he formally resigned , renounced his kingship , and was actually deposed of it by sentence , and henry the 4. who claimed the crown upon his resignation , declared king . which done , it was resolved , declared both by the parliament , king , lords , commons , judges , that this parliament was actually dissolved by king richards deposing to all intents ; and a new parliament ordered to be summoned by king henry in his own name , wherein he was declared , crowned king , and the resignation , deposing of richard the 2. ratified , and recorded . therefore by the resolution of both these parliaments , ( by nedhams own position , if true ) the last parliament of king charles , was so farr from being continued only by his wars , even after his death , which else would have dissolved it without dispute , that it actually dissolved it in his life time , six years before his death , by degrading him from his kingship , and making him a private person . and then his westminster juncto sitting from 1648. to 1653. and now again , cannot have the least shadow of right , law , reason , to sit , act as any part of the last parliament summoned by the king , neither could the whole parliamentary and supreme power descend or be transferred to them alone by any law or colour of right whatsoever , by the kings war , death , or our seclusions , as he most absurdly concludes . 12ly . the sum of all nedhams discourse to support his present parliaments and republikes right , title , is but this : that in civil wars and commotions the conquering or prevailing party gains a legal supreme authority and parliamentary power over over the whole : that the kings royal authority devolved by conquest to the parliament : the whole parliamentary authority to his juncto by their forcible seclusion of the majority of the commons , and suppression of the house of lords . and if so , then by the self-same consequence ; the whole kingly and parliamental authority was lawfully devolved on the lord general fairfax and army-officers when they seised the king , secluded the members , suppressed the lords , and placed guards on those that sate in 1648. or at least to such of them as were then members of the commons house ; not to the juncto since or now sitting ; that afterwards it descended , devolved to general cromwell , when he conquered and turned the juncto out of doors , april 20. 1653. as he and the army-officers then argued ; who thereupon ( after some moneths exercise thereof by making new laws , and imposing new taxes at whitehall , anno 1653. ) afterwards transferred it by deed to their litle conventicle elected by them in september , part of which resigning back their supreme power to cromwell , he thereupon claimed it as wholly and absolutely vested ia himself , without any limits ( as he declared in his printed speeches 1654. and 1657. ) whereupon he detained it under the title of a royal protector , till his death , then delegating it to his son richard , who by this original title enjoyed it ; till overpowred by his brother fleetwood and other army-officers , who by this right of the long sword alone , unprotectored him , and then called in the remainder of the old juncto to sit and act as a parliament under them . so that by nedhams doctrine , the supreme regal and parliamental power is legally residing in those army-officers who have conquered all the rest , till some other greater , stronger power shall be able to conquer them ; and his westminster conventicle is but their substitute to act , vote what they shall prescribe . and by the self-same principle , as the army-officers by rebelling against and suppressing the parliament and their masters , who raised , waged them for their defence , contrary to all laws of god , man , their own oathes , commissions , thereby gained a just and legal title ( as he argues ) to the supreme regal and parliamental authority of the nation ( not the people in whom they pretended it to be vested ) so any traytor by killing or dispossessing his lawfull soveraign , any son by killing or disseising his father , any servant by imprisoning , killing , or turning , keeping his master out of doors , every theef , plunderer in the world , able by force to take away any persons purse , goods , house , lands , or shall by power make himself a judge , justice , magistrate , or take away another mans wife , shall have a just and legal title against the owners and all others : and nedhams parliament and new republike can neither condemn nor execute any thief , pirate , murderer , plunderer , adulterer , ravisher , nor punish any disseiser or wrong-doer whatsoever that was stronger than the party injured ; since they all may justifie their force , actions , to be lawfull against the letter of the 6 , 7 , 8 , 9 , and 10 commandements by the self-same law , divinity , saintlike title of the longest sword , the greatest might , and prevailing party . i hope by this time , he and all others clearly discern the desperate fatal consequences of his jesuitical position , and that his interest will not lie , is but a meer sink of lies , and destructive paradoxes . if all this will not help to prop up the legal soveraign authority of his present parliament and republike , he hath 3. other pillars to support them , p. 37. 1. the law of necessity , a pretty bull , when as the old proverb resolves , necessitas non habet legem ; i am sure it will now admit of no law , justice , conscience , equity . 2. did not the beheaded king plead this law for ship-money , excise , and other illegal projects ? yet the long a parliament adjudged necessity in these cases , to be no law , nor plea at all . and shall those very members plead it in their own case now , who then judged it no law nor plea in his ? 3ly . this law was pleaded by cromwel and the army-officers in april 1653. for the dissolution of those now sitting , who together with nedham , p. 40. resolve it no law or plea at all ; and can it be justly urged now for their restitution ? 4ly . it is a pretext for all villany , treachery , impiety , violence being acted in the world , as i have proved in my epistle to my speech , and the secluded members in their vindication , when the officers pretended it for our seclusion ; and can it then be made the foundation of commonwealths and its junctoes constitution ? 5ly . he addes out of grotius , l. 2. de jure belli , cap. 6. necessitas summa reducit res ad merum jus naturae . if so , and we are now reduced to such a necessity , as he argues : then it followes , 1. that this extreme necessity which exempts any part of a kingdom , republike , city from the power , jurisdiction of the whole , as grotius there resolves , hath much more exempted our whole three kingdoms , the intire lords house and nobility , the majority of the old commons house yet surviving , with all counties , cities , boroughs for which they served ; from the power , jurisdiction of the present usurping juncto , army , so that they have no right , authority , colour at all to impose any new laws , taxes , militiaes , excises on all or any of them ; nor yet to imprison , sequester , punish any of them for defending themselves by force of arms against their unjust usurpations over them . 2ly . that they can impose no new government or republike on all or any of them , without their own free voluntary elections , consents ; because all politick governments and corporations are and ought to be made by voluntary contract and free consent of all the parts , ac propterea jus ejus , in partes ex primae va voluntate metiendum est , as grotius there resolves . 3ly . that all the integral parts of any politick body , when the first agreement and government which united them into a kingdom or republike is dissolved ( as nedham asserts our kingdom and parliament are ) by the meer right and law of nature have as inseparable , inherent a right , vote to cast themselves into another new form of government , as any one prevailing party of that body , being all equally men , englishmen , free-men by nature , and having no superiority over each other . therefore the supreme authority and parliamentary power in our present condition and extreme necessity by grotius his decision is not devolved to the westminster juncto , or army-officers , as nedham absurdly concludes , against his oracle grotius , but to the generality of the people , as this very juncto voted jan : 6. 1648. and the army-officers declared , in their agreement of the people presented to them november 20. 1648. and jan. 20. 1649. therefore by their own votes , resolutions , practices , the generality of the people , not the juncto , are now the supreme authoritie ; and those 50 or 60 members of the old parliament and army , have not the least pretext of right , law , reason , power to domineer over all the nobility , gentry , clergy , freemen of the nation , and the secluded members , nor totally to seclude them all from their councils , company ; muchlesse to secure , disarm , plunder them at their pleasures , to double , treble their taxes , to use them not like their fellow freemen , but their aegyptian bond-slaves , as now they do . what such an extremity , necessity may put then our whole three nations justly upon by grotius and nedhams law too , let them wisely and timely consider for their own and the publike safety . his 2. pillar is this of grotius , that in a civil warr , the written and established laws of nations are of no force ; ( indeed we now finde it true by sad experience under our new legifers and tax-masters ) and then that only is to be admitted law , which shall be setled by the prevailing party . how this new doctrine will suit with all our late parliamentary votes , ordinances , declarations , remonstrances , protestations , league , covenant , soldiers commissions , and army-remonstrances ; or with our civil war , which was only for the preservation and defence of our antient fundamental laws , statutes , and great charter of our liberties , against all arbitrary encroachments , alterations , violations of them ; or with the junctoes declaration , march 17. 1648. for turning our kingdom into a free state ; wherein they promise over and over , inviolably to defend and maintain these antient laws , the badges of our fréedom , and the most excellent of all other laws in the world , by violation , alteration , or abrogation whereof greater mischiefs would inevitably befall us , than ever we suffered under our kings and kingly government : or how it will accord with their proclamation , may 7. 1659. to like purpose ; let nedham , and that power for which he pleads resolve us : to whose arbitrary wills and tyranny ( if this monstrous paradox be oracle ) he prostrates all our laws and liberties , after full 17 years bloody contests , and most cruel concertations for their defence , against this his position and practice . his 3. pillar is this , which he applies to the particular case of the secluded members , p. 37. si qui jure suo uti non possunt , eorum jus accrescit praesentibus : grotius l. 2. c. 5. his meaning is , that if any members of a senate , court or parliament be absent through sickness , or any other voluntary or necessary occasions , the rest may sit and act : will it thence follow , as this mountebank argues , ergo , the minor part of the commons house may sit and act now and heretofore , not only as a commons house , but absolute parliament ; because they and the army forcibly secluded the major part , the whole house of lords , and beheaded king . such a grosse nonsequitur as this , is no better justified from grotius words , than this ; the army may forcibly seclude all but 5. or 6 , of those now sitting , or leave fleetwood , and sir henry vane alone : ergo , in such a case the whole right and power of the parliament accrues to them alone , and they may sit , vote as a parliament , and make what laws , acts , and impose what taxes , excises they please , as cromwell and his council did at whitehall upon the self-same ground . vno absurdo dato mille sequuntur . you see now by this time the falshood , absurdity , and dangerous consequences of nedhams atheistical , jesuitical principles , whereon he would bottom the continuance , revival , justice , legality of his pretended parliament , and republike , laying a ground for , and encouraging all disorders , confusions , violences , treacheries and villanies whatsoever by the law of necessity and the longest sword : and what a necessary tool he is for the party , because he can say or print any thing for them , though never so false , absurd , mischievous , and yet not be in danger of his head : ( they are his own expressions , p. 32. 37. ) i shall inform him of some other principles prescribed to all saints , christians , and souldiers , by god and christ himself , which they ought to follow under pain of damnation . the first is mat. 7. 12. all things whatsoever ye would that men should do unto you , do ye even so to them , for this is the law and the prophets . the 2. is mat. 22. 21. render therefore to caesar the things that are caesars , and unto god the things that are gods . the 3. i , luke 3. 14. do violence to no man , neither accuse any falsly , and be content with your wages . the 4. is rom. 13. 7 , 8. render therefore to all their dues , &c. owe nothing to any man , but love one another . the 5. is prov. 24. 21. my son , fear thou the lord and the king , and meddle not with those who are given to change . the 6. is ps. 4. 8. whatsoever things are true , whatsoever things are honest , whatsoever things are just , whatsoever things are lovely , whatsoever things are of good report , do . and if he can found his present or former parliament , republike , or interest will not lie , and forecited conclusions on these principles , i shall be his proselyte ; till then i cannot , i dare not but renounce them . i shall not follow him in his wild-goose chase any further , to prove the old parliament undissolved , and now revived : what he writes of * cromwels parliaments and conventions , during the preternatural dead interval from april 53. to may 59. that they had not the legal force and vertue of parliaments : that they were nothing in law of themselves , being creatures of another extraction : ( though he writ the quite contrary in his life-time ) that the members of this revived parliament sitting in them , did not own them for legal parliaments : that their sitting in them as parliaments , could not prejudice nor conclude the body now sitting , becanse a body of men in equal power and right , cannot be concluded by particular acts done by their own members without consent of the rest ; and that though they did not own those parliaments , nor the power that called them , yet their many and great complaints of their being secluded from them ( by force , or new oathes ) as an infringement of the peoples right in parliament , were just , and they might well complain , because their complaint of violation was grounded only upon the general right inherent in the people , will fully manifest the parliament of king charles to be fully dissolved by his death , notwithstanding any private members sitting in it afterwards , his pretended parliament of commons then and now sitting , to be no parliament at all , nor yet revived in law or verity ; that yet m. prynne and other members , might justly complain of their forcible seclusion from it , in the peoples general inherent right , as themselves did when secluded from cromwels parliaments , which they held void and null . and that if it be still in being , and was only suspended by cromwels 6. years force , in respect only of the actual exercise of their power , not their inherent right , which is now revived : all the secluded members , lords , and charls stewart too , ought in right and justice to be recalled and remitted to their rights , from which they were forcibly interrupted , as well as those now sitting , having no legal power , ground , nor colour to seclude them , as i have already proved . to cloze up this question , i shall propose this dilemma to my dissenting opponents . if the old parliament were totally and finally dissolved by the kings death , as rogers confesseth , and nedham grants in point of law and reason : then those few commons sitting after his death , and now again , cannot possibly be a parliament , nor committee of parliament in any sence . 1. because never summoned by any writ to any such parl. as this . 2. because never elected , intrusted by the people , who elected thē in the old parliament , to sit in this , or any other parliament , without a king and house of lords . 3ly . because not new elected by their old electors , or any other counties , cities , boroughs since the kings death to sit alone , as then or now they do . 4ly . because permitted , desired to sit at first only by the army-officers , their former mercenary servants ; and now invited to sit again only upon some of their motions ; having no pretence of law or right to elect or create them a parliament , or representative of the people of england : much lesse then of scotland and ireland . 5ly . because they are not the fifth part of a commons house for number or quality , by our old laws , statutes , or the new instrument or advice , most counties , cities , boroughs of the nation having not so much as one knight , citizen or burgesse in it to represent them , and scotland , ireland none at all : and so by the armies own declaration at st. albans , their own agreement of the people , and own votes for an equal representative , can be no parliament at all , but the highest , archest usurpers over the whole kingdoms rights and privileges . in the * parliament of 15 e. 2. in the act for the exile of the two spencers , cl. 15 e. 3. m. 32. dorso , the parliaments of 4 e. 3. rot . parl. n. 1. 28 e. 3. n. 9 , 10. 21 e. 3. rot . parl. n. 21. 21 r. 2. rot . par. n. 15 , 16. 22 r. 2. rot . par. n. 3. & plac. coronae n. 7 , to 16. it was adjudged , resoved , declared by the king and parliament , that the accroaching and usurping of regal power , by the ' two spencers , roger mortymer earl of march , the duke of glocester , arundel archbishop of york , the earls of arundel and others ; by keeping the lords , great men and counsel of the king from his presence , the parliament and council : by placing and displacing publike officers at their pleasures ; by condemning , executing lords and others of the kings subjects without his privity by might and power both in and out of parliament : by not permitting the king to hear the petitions and complaints of his nobles and people , and to do them justice against these usurpers oppressions to their own and the kings disinheriting : by compelling the king to grant pardons to rebells and others who slew his faithfull lords and subjects : by seising , disposing of the kings treasure and revenues at their pleasures ; and enforcing the king to grant them a commission to manage his royal affairs , trust and revenues , in restraint and derogation of his royal power and prerogative : was no lesse than high treason by law : for some of which encroachments of regality , some of them were banished , others of them beheaded and executed as traytors , and their estates confiscated by iudgements and acts of parliament . if then the encroaching and usurping of regal power in any of these particulars , be no lesse than high treason by the resolution of these parliaments , then questionlesse the usurpation , exercise , not only of regal power in the highest degree , in calling , creating , dissolving parliaments , giving the royal assents to bils , pardons , executing lords , commons , creating publike officers , making new seals , issuing out writs , commissions , making warr and peace , coyning money , &c. but also of parliamental power too , in making new laws , acts , treasons , repealing , altering old lawes , and forms of processe , imposing new taxes , excises , forfeitures , militiaes , erecting new courts , judicatures , neither of all which the king can do by his regal power , but in and by the parliament only , wherein both the power of the king in its highest orb , and of all the lords , commons are united , concentred , must needs be the highest treason that possibly can be committed , both against the king , kingdom , parliament , lords , commons , people ; all injured , usurped on , tyrannized over , dishonored , and oppressed thereby in the highest degree . which should discourage , deterr all those who have any dread of god , men , or love to parliaments , and their native country , from usurping such a power , as well for their own , as the publick weal . if the long parliament be still in being and now revived , ( as nedham pleads , but proves not at all , his own principles evincing the contrary ) then all the lords and secluded members ought in right and justice to be freely admitted for the premised reasons ; else those now sitting and acting without them , will incurr the guilt of high treason for usurping both regal and parliamental power , by meer force , without any act of parliament , which an express act of parliament made by assent of all the 3. estates cannot transfer unto them , as the statute of 1 h. 4. c. 3. and parliament of 1 h. 4. rot . parl. n. 25. expresly resolve , and i have proved in my narrative , p. 22 , 23 , 24. since the highest regal and parliamentary trusts for the publike good , safety , reposed in many by the people , cannot be transferred nor delegated unto a few , nor the parliament power , trust , assigned over , any more than the * regal . having dispatched these grand questions , i shall be briefer in the 4th . being only this . whether the oathes of supremacy , allegiance , and homage to the late king , his heirs and successors ; were finally determined by , and expired at his death ? nedham , p. 41 , 42. and rogers , p. 33. affirming they are ; because the old form of kingly government is lawfully ( as they say ) extinguished , and a new form introduced , and so the oath impossible , because the persons and things to whom they were made are at an end : which opinion having largely refuted , in my concordia discors , proving those oathes to be still obligatory and binding , by unanswerable scripture-presidents and authorities , to which neither of these antagonists reply one syllable ; i shall briefly reply to what they object , 1. that the frame of our kingly government was not legally dissolved , but violently and trayterously interrupted only , as he saith this parliament and republike were by cromwels intrusion . 2ly . that by the resolution of our statutes , judges , laws , which admit no interregnum , we have still a kingdom , a king , an heir and successor to the crown in actual being , ( though out of actual , not legal possession ) to whom we may and ought to make good our oathes . 3ly . that our fellow-members and subjects who took these oathes as well as we , can neither absolve themselves nor us by their perjury or treachery in violating them , by their late forcible , illegal proceedings , and new ingagement against the king , his heirs and successors . 4ly . that it is both possible , just , necessary , safe , honourable , christian , for them and us , and our 3. kingdoms , churches , religion , to call in the right heir and successor to the crown , upon honorable terms ; there being no obstacle to it but only want of will , or the covetousness , rapine , ambition , guilt or fear of punishment in some particular persons in present power , against the general desire and interest of our 3. whole kingdoms , nations , endangered , embroyled , oppressed , and well-nigh totally ruined , exhausted by his long seclusion . 5. that these objectors and others slighting , neglecting , violating , absolving themselves and others from the conscientious obligation , legal performance of these sacred oathes , obliging themselves in particular and the whole kingdom in general , to the late king his heirs and successors in perpetuity , is no argument of their piety , saintship , religion , fear of god , honesty , truth , justice , but of their avowed atheism , impiety , injustice , contempt of god , and all his threats , judgments denounced , inflicted upon perjured infringers of their oathes , covenants to their king and others . 6ly . that for the violation of these oathes , the whole three kingdoms have deeply mourned , suffred in sundry kinds ever since 1648. and are now likely to be ruined by taxes , contributions , oppressions of all sorts , losse of trade , unseasonable weather , diseases epidemically reigning , and other judgements . 7ly . that abraham himself the father of all the faithfull ; swearing by god , that he would not deal falsly with abimelech , nor with his son , nor with his sons son , but according to the kindness he had done to abraham , gen. 21. 23 , 24 , &c. and his care to perform his oath ; hath justified not only the lawfulness of all our oathes to the king , his heirs and successors , but confirmed our obligation to them all , and how conscientiously we ought to perform them without fraud or falshood , yea disowning all those from being of his faith or spiritual seed , who make little conscience to perform them . 8ly . thus as the apostle resolves , gal. 3. 16 , 17. that the covenant made by god to abraham and his seed in christ before , the law which was made 430. years after cannot disannull , that it should make the promise of no effect : so the new ingagement made , taken after these two oathes to our new governors , and their late oath to be constant , as well as true and faithfull to their new republike , without king , or single person , or house of lords , ( obliging those who take it , if binding , not only to sundry perjuries , treasons , and constant perseverance in them without repentance ) cannot disannull these former oathes to the king , his heirs and successors , and make them of no effect , as rogers tells us , which i have elswhere proved . 9ly . john rogers , p. 9. informs us , that cleomines the lacedemonian , sware to his friend archonides , that he would do all things joyntly with him , and act nothing without his head were in it . after which watching his time , he cut off his companions head ; and to keep his covenant , after he had par boyled it , he kept it by him , honored and preserved it ; and upon every weighty matter or consultation would set his scull by him , and tell it what he purposed ; saying that he did not violate his ingagement , or break his oath in the least , séeing he did ever take counsel with the head of archonides , and did nothing without it . verily my antagonists and those members they plead for , have dealt more falsly with the late king , lords , and their fellow members , than cleomines with archonides ; they twice swore , protested , vowed and covenanted too over and over , to be true and faithful to the king , and to act all things ioyntly with him , the lords , and their fellow commons in parliament , and transact nothing without their heads and advice were in it . but though afterwards watching their opportunity , they cut off the kings head , and some of the lords , as he did his friends ; suppressed the whole house of lords , and secluded most of their fellow commoners ; yet they do not set either their heads , sculls , or any of their seeming persons before them in the house when they consult upon every or any weighty matter , nor tell them what they purpose : and yet they and these their advocates tell us and others ; they doe not violate their protestations , vows , covenants , nor yet break their oathes . whether of them are the greatest hypocrites , impostors , let the world now judge . the 5. question between j. rogers and me alone , is this . whether the jesuites and our forein spanish , french and other common popish adversaries , were the original plotters , and vnder-hand fomentors , of the change of our antient hereditary kingship and kingdom into a new common-wealth , and of the late exorbitant violent proceedings against the kings , parliament , and secluded members , to accomplish this their design ? mr. prynne hath abundantly proved the affirmative by punctual testimonies out of parsons , campanella , watson , clerke , richelieu's instructions , conte galeazzo , the lord digbies and others letters , mutatus polemo , and other evidences ; by pregnant reasons and demonstrations , both à priori et posteriori , in his speech , memento , epistles to his new discovery of free-state tyranny , jus patronatus , seasonable vindication ; the republicans good old cause anatomized , and in his narrative , p. 18 , 19 , 20. 40 , to 64. 85 , to 89. these evidences a j. rogers neither doth , nor can deny in any particular ; only he contradicts the conclusion , as not sufficiently warranted by the premises ; when as most judicious protestants of all professions and degrees who have seriously perused them , are abundantly satisfied , and conclude the contrary to this johannis ad oppositum ; who bestows whole sheets and volumes of rayling epithites , scurrilous scoffs , unchristian a obscene queres and sarcasmes upon me , only upon this accompt ; that i have translated the odium and guilt of the contriving , fomenting the late gunpowder treason which blew up our king , kingdom , parliament , lords house , and kingly government , to erect a new republike , from the protestants , to the jesuits and those of their religion , who plotted the old one , and would have fathered it on the puritans , had it taken the like effect as this hath done ; which i thought would have deserved thanks , rather than such reproachfull usage from such a zealet as he pretends to be . but since he will needs appropriate the glory and honour of this last powder-plot , ( transcending the former ) to those worthies for whom he pleads , and to himself and his disciples , and allow the jesuites ( a many of whom he confesseth are doubtlesse in england under disguises and folding-dores p. 35. ) no share at all in its projection , or execution ; i shall no waies envy them this new garland , wherewith he crowns their temples ; let them wear it in triumph to their graves , or tiburn ; i shall not envy them this new crown of glory , of which they are so ambitious , that rogers spends many leaves , p. 27 , to 37. to evade the authors i quote to prove the commonwealth a spurious issue of the jesuits projection , by his impertinent answers to them . 1. he endeavours to evade my quotations of parsons and campanella , the first projectors of turning our english kingdom , into an holland commonwealth , by the agency of the jesuits , confederating with anabaptists and other sectaries agreeing with them in antimonarchical principles , by the help of a prevalent seduced party in the parliament house , when purged , reformed after parsons new model ; and by raising wars , tumults , in the realm , and then infusing this principle into the common soldiers , people and every prec●pe , or factious multitude , getting the title of a publique state , or helvetian commonwealth , to examin their soveraigns by what title they hold their crowns , and to alter , change the course , inheritance and succession of the crown and publike government at their pleasures , and disseise the right heirs general to the crown , and put them to their formedon to recover them . to which he answers , 1. that these their politicks were calculated to the state of the nation as it was in queen elizabeths time when they writ ; to divide us with factions , and divisions at home , stir up the seeds of an inexplicable , irreconcilable war between england and scotland , to deprive king james of the crown of england ; to promote the spaniards interest , and hinder the english from infesting his fleet , and indies : ergo the jesuites were not the original projectors of turning our kingdom into a common-wealth , though he produceth none else before or besides them ; nor yet prosecuted this design ( so long since laid ) afresh ( as i have proved they did ) in 1647. and 1648. for the self-same ends , in substance , by the self-same means and instruments . 2ly . he saith , i should prove that this , this is the same commonwealth they plotted then in every circumstance : i prove it produced by the same instruments , means , pattern they prescribed , and that it pursued the same ends , designs , which is sufficient and punctual . the rather , because himself and those he pleads for , are not yet agreed what form or kinde of creature their new common-wealth shall be ; they being much divided about it , as himself attests : who spends some sheets against mr. harringtons and others models of it . 3ly . he adds , their design proved abortive in qu. elizabeths reign , and in the powder-plot against king james ; what then ? ergo , they pursued it not since , as i prove by late pregnant testimonies , and more than probable arguments , is a meer inconsequent . 4ly . he objects , the jesuits commonwealth admits no toleration of religions ; never was against kingship and the office of it , as theirs is , nor hath any similitude with jesuitism . all false ; the jesuits pleaded alwayes for i a free toleration of religion in england , that themselves might be tolerated , though they deny it elswhere : they are k professed enemies to the office , as well as persons of all protestant , yea and most popish kings , and projected to make up a common-wealth upon this account in opposition to kingship : it hath similitude with iesuitism both in its principles , witness those of barclay and mariana , cited by nedham , whereon he founds it ; and in its practices of murdering protestant kings , blowing up parliaments , absolving subjects from their oath and allegiance , &c. by which it was founded , supported , revived . what else he allegeth , is but meer froth of his wanton brain , and scurrillous pen , unworthy reply . only because he calls upon me for more evidence , if i have it , to prove his good old cause and commonwealth a plot of the iesuites , i shall gratify him herein . 1. hugh peters himself , very well acquainted of late years with the jesuits persons , plots , principles , practices , in his letter to a great army-officer ( quoted by himself , p. 12. ) stiles it , a cheat of the iesuites put upon the army ; and that with much regret of heart and spirit . 2ly . a grave protestant gentleman of the temple last trinity term riding up to london , meeting with a popish gent. of his acquaintance on the way , they discoursing of these last revolutions and changes of government , the protestant told him , that these alterations were but the plots and productions of the jesuites and those of his religion , who did but laugh at us in their sleeves , to see what fools they made us . at which the papist growing somwhat angry ; he desired him to be patient , since they were antient friends , and what he spake was not in jeast or scoff , as he took it , but in sober sadness ; desiring him ( having great acquaintance amongst the papists ) to inquire out the truth of what he spake , when he came to london , where most papists in england were then assembled , for both their satisfactions , and to give him an account thereof ; which he promised to do . about 5. or 6. dayes after , this papist told him , that according to his request , he nad made diligent inquiry of the truth of what he spake on the way ; and that he found , all or most of the iesuites were knaves , they and most of the iesuited papists being against the king , and wholly for a commonwealth , as being most advantagious for the king of spains interest ; using more words to the same effect . which the protestant ( being my old familiar acquaintance ) about two dayes after related to me in westminster hall , as a concurrent testimony with that i had published to this effect in my true and perfect narrative , and the republicans spurious good old cause truly anatomized . 3ly . lilly ( a zealous republican ) in his almanack , anno 1651. prognosticated ; that the stars did then promise acts of grace and favor to popish recusants , who in their zeal and loyalty to the new republike excéeded most presbyterians . an argument it was a creature of the jesuites and their projection , to procure them more grace and favor than before , and promote their designs against us . 4ly . nedham ( rogers his confederate and fellow champion against me ) makes use of the jesuit barclay his forecited jesuitical principle , as the chief corner-stone of our new parliaments and republikes structure whereon they are both built : and not only so , but he useth the very arguments of campanella , which he prescribed the king of spain to suggest to the english nobility , protestants and clergy , to hinder and keep out king james from the crown of england upon queen elizabeths death ; to disswade and draw them all off from king charls ; and oppose his restitution now . campanellaes words are these , cap. 25. de mon. hispanica , p. 207 , 208. praeterea suspitionem incutiat amicis elizabethae , saepius iis inculcando fore ut jacobus in amicis elizabethae caedem maternam vindicaturus sit , &c. praesertim cum maria ipsius mater moriens ei religionem catholicam , et suae caedis vindictam serio commendaverit . exasperandi etiam sunt mimi episcorum et ministrorum anglicorum , proponendo illis , regem scotiae calvinismum amplexum esse spe et cupiditate regni , adactumque vi a baronibus haereticis : quod si vero regnum angliae etiam obtineat , tum illum cito priorem religionem revocaturum esse , quandoquidem non solum mater defuncts , verum etiam rex , ipse galliarum summopere ei illam commendarint . quibus modis fiet ut semina belli inextricabilis inter angliam & scotiam jaciantur , &c. to keep king james from the crown . which nedham thus imitates and pursues , with a little variation , in his interest , sect 3. of the presbyterians , p. 12 , 13. the royal party will never leave buzzing into c. stuarts ears to quicken his memory , that the interest of your party was in its infancy founded upon the ruine of his grandmother , continued & improved by the perpetual vexation of his grandfather , and at length prosecuted to the decapitation of his father . be not so weak as to fool your selves that you shall fare better than others . it is the common sence of the cavaliers , that you prepared his father for the block , and are incensed at others because they took from you the honor of the execution . dr. creighton told him , that the presbyterians pulled his father down and held him by the hair , while the independents cut off his head . and after him it was more elegantly expressed by salmatius , presbyteriani sacrificium ligarunt , independentes jugularent , &c. and p. 5 , 6. the papists having had so fair a creature of the father , for many reasons they have no cause to fear foul dealing from the son . as for his religion ( if any ) it is at best , but a devotion to prelacy , which was bequeathed to him by legacy . all his other pretences of religion in scotland , he forfeited before ever he left that countrey . what profession he hath since owned abroad , hath ( for reasons of state ) been kept very close , yet not so close but he discovered it . but if this be not evident , let us have recourse to reason , and then consider , how long he was under the wing of his mothers instructions in france , and what a nursery flaunders hath been for him since , which is the most jesuited place in the world : consider also the urgency of his necessities , disposing him to imbrace any thing , or take any course to get a crown , being under the same influence of the wandring star , called reason of state , as was his grandfather h. the 4th of france , who shifted his religion to secure a crown , &c. these put altogether into the ballance , are ground enough to believe him sufficiently affected , if not sworn to popery . here we have nedham , plowing with campanella his heifer , using his very policy , words , arguments in substance to exasperate the presbyterians , independent , and protestant party against carles stuart , and keep him from the crown , as campanella suggested to the king of spain , and the english protestants and prelates , to exasperate them against his grandfather king james for the self same end , by traducing both in their religion , and meditation of revenge of their respective mothers and fathers decollations . here i shall desire the readers to take special notice of 4. particulars . 1. of campanellaes , the jesuites , forein popish princes and their instruments machiavilian practice ; secretly , seriously , frequently to suggest to protestant subjects , that their most orthodox protestant kings , and right heirs to the crown , are inwardly inclined and well-affected to popery , that they profess themselves protestants , only for politick ends , to gain or retain the crown ; that when they are setled in their thrones , they will either profess , or introduce popery ( which would be the jesuites and papists greatest advantage who thus suggest it , if true ) purposly to exasperate their protestant subjects against , and alienate their affections from them ; yea make them the visible instruments to keep them from their hereditary crowns , to the scandal , prejudice of the protestant religion , though they be most real , cordial , constant professors of it . and whence such scandalous suggestions originally spring ▪ 2ly . of the inexcusable malice of nedham , professing himself a protestant , not only in imitating this jesuitical romish practice against his own hereditary protestant soveraign ch. stewart , but transcending it many degrees ; first , by pretermitting his beheaded fathers long education of him in the protestant religion whiles he lived ; and this charge unto him in e writing a little before his death , viz. above all , i would have you , as i hope you are already , well-grounded and setled in your religion : the best profession of which i have ever estéemed that of the church of england , in which you have béen educated : yet i would have your own judgement and reason now seal to that sacred bond which education hath written , that it may be judiciously your own religion , and not other mens custome or tradition , which you profess . in this i charge you to persevere , as coming nearest to gods word for doctrine , and to the primitive examples for government , with some little amendment , &c. your fixation in matters of religion will not be more necessary for your souls , than your kingdoms peace , when god shall bring you to them , &c. if you never see my face again , i do require and intreat you , as your father and your king , that you never suffer your heart to receive the least check against or disaffection from the religion established in the church of england . i tell you , i have tried it , and after much search and many disputes , have concluded it to be the best in the world , not only in the community , as christian , but also in the sperial notion , as reformed , keeping the middle way between the pomp of superstitious tyranny , and the meanness of fantastique anarchy . the scandal of the late troubles , which some may object and urge to you , against the protestant religion established in england , is easily answered to them and to your own thoughts . kéep you to true principles of piety , vertue and honour , you shall never want a kingdom . for those who repent of any defects in their duty towards me , as i fréely forgive them , in the word of a christian king : so i believe , you will find them truly zealous to repay with interest that loyalty and love to you , which was due to me . in summe , what good i intended , do you perform , when god shall give you power . next , in urging , how long he was under the wing of his mothers instructions in france ( but a few moneths space at most ) and what a nursery flanders hath been for him since , which is the most jesuited place in the world ; as his principal reason , to perswade both papists and protestants , to believe him sufficiently affected , if not sworn to popery , as if he had been there educated by his own voluntary election ; and not necessitated , yea forced thither by the army-officers , and those in late and present power ( professing themselves the most zealous protestants , and eminentest saints ) full sore against his will . the general council of army-officers , in their remonstrance of novemb. 20. 1648. presented to the commons house , as they demanded the king to be brought to speedy justice ; so they propounded , that the prince , and duke of york , might be declared uncapable of any trust or government in this kingdom , or any dominions thereunto belonging ; and thence to stand exiled for ever , as enemies and traytors , and to die without mercy , if ever taken or found within the same . after his fathers beheading , when he was called in and crowned king by his protestant subjects in scotland ( where he took the solemn league and covenant ) according to their oaths , covenant , duty , laws and principles of the reformed religion ; our republican grandees and their gen. cromwel , by a bloudy , unchristian , unbrotherly invasive war , expelled and kept him out thence and out of england too , and all his other dominions , by force of arms after the battel of worcester , septemb. 3. 1651. from whence he was forced to fly disguised , to save his life , into france ; where he landed at newhaven , octob. 2. and some weeks after departed into holland to the princess of orange his sister ( a protestant ) residing with her , and other protestants there , remote from the company and seducements of his mother , and all jesuites , papists that might any wayes seduce him in his religion ; living wholly upon the charity of forein protestants ; his own protestant subjects then and since swaying , being so stupendiously unjust , uncharitable , as not to allow him or his brothers one farthing , out of all the lands and revenues of his 3. kingdoms , for their necessary support in forein parts , and making it high treason for any of his protestant subjects to contribute any thing towards their support in this their distressed condition ; so conscientiously did they practise these gospel precepts , mat. 5. 44 , 45. c. 22. 21. rom. 12. 13 , 19 , 20 , 21. c. 13. 1 , to 12. c. 15. 26 , 27. 1 cor. 16. 1. matt. 25. 34 , 35 , 36 , 37. for which they may justly expect that fatal sentence , v. 40 , to 46. yet not content herewith , to deprive him , his brethren , and followers , both of the relief , company , comfort of all their protestant friends and allies in the netherlands , and force them thence into popish quarters , to the hazard of their souls as well as lives , exasperate them all against the protestant religion , and enforce them ( if possible ) unto popery , they engaged themselves and the english nation not only in a most unchristian , bloudy , costly , destructive warr with our antient protestant brethren of scotland til they had totally subdued them , but also with our old protestant allies of the netherlands , which war continued from jan. 1651. til april 1654. almost to the ruin of both nations , & then o. cromwel concluded a peace with the dutch on these terms , ( sufficiently evidencing the true ground & end of that bloudy war ) that charls stuart , with his brothers , followers , & adherents , should be forthwith banished out of the low countries , and none of them permitted to reside there , or return thither again . upon which , by command from the states , these distressed exiles were forced to remove into france , much against their wills , having no other place of safety to retire themselves to : where they enjoyed the company of their mother , and relief of their popish allies ; as likewise the comfortable christian society , charity , assistance of their french protestant friends , churches , ministers , ministry , to confirm , edifie them in the reformed religion : which cromwell and their english inveterate enemies maligning , endeavoured to expell them thence , and by quarrelling with the french , and entring into an intimate league with cardinal mazarine , ( by the agency of sir kenelm digby a jesuited papist ) concluded a peace with france in novemb. 1655. upon this condition ; that ch. stuart , with all his brothers , followers , adberents , should be forthwith removed out of france , and all the french kings dominions , and not permitted to return or reside therein . being thus driven out of holland and france from the society of all protestants , they were necessitated sore against their wills , to cast themselves upon the protection and charity of the spaniard , and fly into flanders , having no place else to rest their heads , and there to sojourn among papists and jesuites in great danger , and extreme necessity ; where to their immortal honour , the admiration of all true protestants and papists too , and the envy of their protestant malicious persecutors who forced them thither , they constantly adhere to , and publikely professe the protestant religion , and will not be seduced from it to popery , notwithstanding the manifold affronts , injuries , provocations , reproaches , persecutions of some of their own protestant subjects ; their exile from their protestant kingdoms , their protestant friends in france , holland , their extreme pressing necessities , and the frequent sollicitations , arguments , perswasions , promises , temptatious of priests , jesuites , papists and popish princes , a to turn papists , as the only means to regain their rights , and restore ch. stuart to his crowns and kingdoms . now that this his forced exile into france and flanders by a prevailing party of his own protestant subjects , ( against all their oathes , protestations , vowes , covenants , remonstrances , declarations , allegiances , duties , our known laws , the practice of all the primitive christian , and other protestant churches , the principle of christian religion , and of our own protestant church , both in our articles , homilies , canons , writers , liturgies , ) and his forced sojourning there amongst jesuites , papists , with his grand necessities , of which they have been the only authors , ( to their own eternal infamy , and intollerable scandal , dishonour , shame , reproach of our protestant kingdoms , churches , religion ) enforcing him to cry out with holy king david , ( when forced by saul , and his rebellious son absolom out of his kingdom from gods ordinances , among pagan idolaters ) ps. 120. 5. wo is me that i sojourn in mesech , that i dwell in the tents of kedar . my soul hath long dwelt with them that hate peace , &c. should be thus objected against him by this rayling shimei , and the authors of it , over and over , as a convincing evidence , that he is sufficiently affected , if not sworn to popery ; notwithstanding his open constant avowed profession of the protestant religion , to the admiration of the world , the joy of all true protestants , and gods great glory as well as his own ; and made now a motive to excite his protestant subjects ( in this juncture of time and revolution of affairs ) to take up arms afresh against him , to keep him still in exile amidst jesuits , papists , and hinder his restitution to his hereditary kingdoms , and the benefit of gods ordinances among his own protestant subjects for his and their preservation , and of the reformed religion , now much endangered by intestin wars , the policies of jesuits , and combination of the pope , and popish princes , to be totally extirpated throughout the world ; is not only a most unparalleld piece of malice and calumny , but the very quintessence of jesuitism , and jesuitical policy . the rather , because all our protestant bishops , ministers , martyrs in queen maries daies , when imprisoned by her for their religion ( though restored to her crown , against the usurpations of queen jane , a protestant , by their assistance , and the a suffolk protestants , quorum propter religionis causam propensissimus favor janae adfuturum inde sperabatur ; ) by their joynt letter to all their protestant brethren , ( recorded in b mr. fox , ) not only declared queen maries open obstinate profession of popery , to be no just cause in law or conscience , to keep her from her hereditary right to the crown ; but likewise humbly required , and in the bowels of our lord jesus christ beseeched all that feared god , to behave themselves as obedient subjects to her highness , and the supreme powers ordained under her ; and rather after their example to give their heads to the block , than in any wise to rebell against the lords anointed , quéen mary , in no point consenting to any rebellion or sedition against her highness . much lesse then ought his slight suggestions of ch. stuarts secret inclination to popery , against his constant avowed profession of protestantism in the very midst of the most jesuited papists , to be any argument at all for his protestant subjects not to assist , but to rise up and rebell against him , to keep him from the crown . 3ly . the extraordinary sottishnesse and infatuation of those protestants , who will be cheated , seduced by such jesuitical suggestions , calumnies , as nedham and others have published of him , touching his inclination to popery , to withdraw their affections , assistance from him , either to supply his necessities , or restore him , if not to his hereditary civil rights , yet at least to the comfortable fruition of gods ordinances and christian society in our protestant churches and kingdom for his spiritual consolation and salvation . 4ly . the most barbarous infernal matchlesse malice of those degenerated republican and army-saints , professing themselves stars of the greatest magnitude in the protestant orb , in expelling their undoubted natural hereditary protestant king , not only out of all his own protestant realms & dominions , but likewise out of holland and france , where he lived in exile , and had the relief and society of protestants , into flanders , the most jesuited place in the world ( as nedham prints ) where are none but papists ; enforcing him there to live upon their alms alone , and keep him there in exile ; on purpose to necessitate him , with his brothers , followers , adherents , to renounce the protestant religion and party , and become professed papists ; to destroy , murder his and their souls and bodies at once ; and deprive him of his eternal crown in heaven , as well as of his temporal crowns on earth . a be astonished , ô heavens , and be ye horribly afraid , at this unpresidented tyranny and treachery ; the highest malignity of jesuitism , and express revived image of the jesuites design , against his grandfather king henry the 4. of france ; who shifting his religion , by the jesuites perswasion to secure his crown and life against their malicious designs ; was soon after , b by their instigation , deprived of both , if not of his eternal crown ; by a stab through his heart , by one of their disciples , though he had bequeathed his heart to them by will , and built them a magnificent college , richly indowed by him with lands and plate . if then c the tree ( as christ himself resolves ) may be certainly known by its fruits , we may easily judge , from whence these rotten bitter fruits of jesuitism originally sprung , and who were the planters of those trees which bear them . but if they cannot effect this infernal design to destroy his soul and body together ; yet they will make use of it to murder his reputation , and render him a suspected , if not a devoted proselyte to popery , to debarr his return to his protestant kingdoms . d and shall not god visit for these sins ? shall not his soul be avenged on such a nation as this ? i shall add a 4th evidence , ( i only pointed at e before ) worthy special observation ; which will fully answer the late printed sheet , intituled , a clear vindication of roman catholicks from a foul aspersion cast on them by mr. prynne , and mr. baxster ; as if they made and headed sects , had a powerful influence upon the army , in relation to their proceedings against the late king , and changes , to reduce us under the power of rome ; which the namelesse author , saith , the chiefest of their clergy and laity ( with whom he hath spoken ) protest to be a black calumny . mr. p. and mr. b. do neither of them charge the roman catholicks in general , but only the jesuites , some of their priests , friers , and iesuitical faction , with these and other like practices , fully charged and proved against them , in iesuitarum per vnitas belgii provincias negotiatio , printed 1616. hospinian , and ludovicus lucius , historia jesuitica , speculum jesuiticum , and others , as well papists as protestants . for their heading sects and the late quakers , i have divers instances , besides those published , to evidence it ; and for their deportment in relation to the kings death , and the change of our government , this one instance may satisfie them and others . when the king was executed before whitehall , jan. 30. 1648. mr. henry spottesworth riding casually that way just as his head was cut off , espied the queens confessor there on horseback in the habit of a trooper , drawing forth his sword , and flourishing it over his head in triumph , ( as others there did ) at this spectacle . at which being much amazed , and being familiarly acquainted with the confessor , he rode up to him , and said ; o father ! i little thought to have found you here , or any of your profession at such a sad spectacle . to which he answered , there were at least forty or more priests and iesuites there present on horseback besides himself ; and that one end of his and their coming thither , was , that if the king had died a roman catholick he might not want a confessor , had he desired one . this the gentleman ( now dead ) and his sister ( whom the confessor oft sollicited to turn papists ) within few daies after , and at other times seriously related to a bencher of lincolns inne his familiar acquaintance ( who oft reported it to me and others ) using it as one chief reason , why they refused to turn papists ; and because they also found the jesuits and popish priests both before and after the kings death , had divers meetings about london , to alter the government , and disinherit the kings posterity . which compared with their releases from imprisonment , and free liberty they enjoyed , ever since the kings death til now under the new republike , whiles divers protestant ministers , gentlemen , noblemen , and some members were under close restraints , with the late proviso in the proclamation of iuly last ( occasioned by my narrative ) for banishing iesuites , priests , and such cavaliers of the kings party who had not compounded , ( the principal parties aimed at ) by the 1. of august , under pain of high treason : provided , that if any of them , ( jesuites or popish priests , a traytors by sundry laws yet in force , as well as protestant cavaliers , made traytors only by this new proclamation , equally ranged with iesuits , priests , and only inquired after ) should submit themselves to the present government , and give security for their obedience and peaceable deportment ; that this proclamation should not extend unto them ; but that they might still continue amongst us . since which i hear of sundry protestant ministers , gentlemen , noblemen , and some secluded members , secured , imprisoned , prosecuted in most counties , which every diurnal is fraught with , but not with one iesuit or popish priest yet apprehended , though there be multitudes of them in england . which new evidences , compared with those in my narrative and other publications , will i trust fully satisfie all disinteressed persons in this grand question , til time shall discover further proofs ( as it doth each year ) to resolve this controversie , if these be not sufficient . as for 1. rogers and his disciples , they deny the jesuits and popish party to have any share in our late changes , because they would monopolize the honor and reward thereof to themselves alone : witnesse this querulous passage to his revived high court of parliament , p. 96. we can tell you , that no men in england did more ( if so much move , run , write , méet , counsel , pray , sit up night and day to effect your return into the place of trust where you now are , than those whom you grieve , slight , frown upon , and do least for , in point of justice , conscience , or encouragement , this is grievous , and must needs prove dangerous to the whole at the last . and p. 119. we have suffered bonds , banishment , plunderings , perils of life , liberty , estates , 5 , or 6. years together , in many prisons one after another ; and yet no reparation , restitution , provision , or encouragement , for holding out like fortresses , against so hard a siege . all this for the cause , and commonwealth : worthy of thanks at least , who have béen instruments of your restitution : but these are slighted by friends and foes : the pipers , dancers , and devisers of new forms to trouble us with : that are rather the incubus than incumbents of a frée-state . if this his complaint be true , it is either a just punishment of god upon him and them for their innovations , prov. 24. 21 , 22. or an evidence , the jesuits and romanists had a greater share and activity in the cause , and our changes , than he and his . wee , which makes them so much slighted , and them in greater favor than before . the last question , professedly handled by nedham , obliquely by rogers , ( the substance of both their pamphlets ) is this , which concerns me as an english freeman briefly to debate ; that the world may judge , whether i and other secluded members be so * bedlam-mad , or such breakers of our trusts , and enemies to the publike , as they scandalously report us . whether our old hereditary kingly government , and restitution thereof to the right heir ; or late , yet unformed , revived commonwealth , and future establishment thereof , to prevent a relapse to kingship and kingly government , be englands true publike interest , as men or christians ? what i formerly alleged in my speech and memento 1648. anatomy and narrative 1659. in defence of kings and kingly government , and the mischiefs of a republike , ( to which these antagonists have not answered one syllable ) is sufficient to resolve this question : i shall only adde thereto by way of supplement , 1. in the affirmative : that the restitution and preservation of our old hereditary kingly government by common consent ( especially upon the substance of the late kings large concessions in the isle of wight ) is the only true publike interest of england , both as men and christians : as men , 1. because it is that form of government which all our predecessors in this island , whether britons , saxons , danes , normans , english have constantly embraced , continued , maintained , ( as all our * historians assert ) from its first plantation by brute , till 1648. ( except during their sore bondage under the roman emperors and their deputies ) in all publique changes , revolutions , as the best , safest , freest , happiest , universallest , antientest , honorablest , durablest , divinest , least inconvenient , least oppressive , and most agreeable to the temper , welfare , desires , liberties of the people , of all other forms of government whatsoever . 2. because all our great councils , parliaments in all ages ( as their proceedings , acts , canons , and writs of summons attest ) have constantly maintained , continued , established , defended kings and kingly government , as their only publike interest , wherein the unity , peace , wealth , welfare , safety , liberty , property , and hereditary succession of all the subjects and their posterity in their lands and inheritances * most principally and specially , above all other wordly things , consist and rest : whereupon they have most carefully and vigilantly ‖ provided for the security of the kings royal person , succession , heirs , successors , the rights , privileges , jurisdictions , prerogatives , lands , revenues of the crown , and kingly government , against all treasons , conspiracies , insurrections , rebellions , attempts whatsoever to destroy , disinherit , suppresse , alter , subvert , impair them , or any of them , by sundry successive acts of parliament , sacred solemn oathes , obligations , securities of all kinds , in all ages , till 1648. and the last parliament of kings charls ( whereof most now sitting were members ) by more solemn † printed oaths , protestations , vows , national leagues , covenants , petitions , votes , remonstrances , declarations , ordinances , than any or all precedent parliaments whatsoever , as i have elswhere proved at large , and the imprisoned and secluded members too in their vindication . 3ly . because the manifold incessant intestine and forein wars , insurrections , tumults , divisions , factions , revolutions , alterations , subversions of governments , parliaments , republikes , legal processe , proceedings ; the unconstant fluctuating condition of our state and civil affairs , the intollerable doubled , trebled , quadrupled taxes , excises , imposts , militiaes , and other exactions ( amounting under our former and present free state to one intire subsidy every week in the year , when as our former publike taxes under our kings , exceeded not usually one subsidy or fifteen in 2. or 3. years space ) the infinite unspeakable oppressions , rapines , plunders , sequestrations , confiscations , forfeitures of our offices , lands , estates ; imprisonments , close imprisonments , confinements , banishments , illegal restraints , executions of our persons , ransacking of our houses , studies , writings , and other grievances , outrages , violences we have suffred by unparliamentary conventicles , arbitrary tyrannical committees , new high courts of injustice , army-officers , souldiers , sequestrators , excise-men , and other instruments of oppression ; the sales , dissipations of all the crown lands , rents , and standing publick revenues of our 3. kingdoms , which should defray the ordinary expences of the government ; of bishops , deans , chapters , and many thousands of delinquents lands , estates , woods , timber , without any abatement of publike taxes ; the impoverishment , destruction of most of the antient nobility , gentry , corporations throughout our 3. realms ; the infinite decay of all sorts of trade by land and sea , of publick and private justice , truth , honesty , integrity , charity , amity , civil society , hospitality , neighbourhood , friendship ; the inundation of all sorts of vices , treachery , perjury , hypocrisie , cheating , lying , dissimulation , subornation of perjury , false accusations , forcible ejectments , detainers , robberies , murders , treasons , destruction of houses , timber , parks , woods , ponds , forests , with other miseries tending to publike desolation , we have felt , suffred , groaned under , without intermission , or any hopes or probability of redresse ; with sundry other incroachments upon the city and country in the freedom of their elections of mayors , aldermen , officers , knights , citizens , burgesses ; and the frequent securing , secluding of parliament members , & forces upon parliaments themselves to interrupt , dissolve them ever since the abolishing of our kings , kingly government , the erection of a pretended free state , or commonwealth , and prologues thereunto ; compared with judges 17. 6 , &c. c. 18. 1 , &c. c. 21. 25. ezech. 19. 12 , 13 , 14. c. 21. 27. c. 29. 14 , 15. hos. 3. 4. c. 10. 3 , 7 , 15. are an infallible , experimental , sensible evidence , and demonstration , that kings and kingly government are englands true , only publike interest , as men . that it is so , as christians , is apparent : 1. by gods own promise to his church and people under the gospel : * that kings shall be their nursing fathers , and queens their nursing mothers ; more particularly † kings of the isles , ( chiefly verified of our island , as i have evidenced in my narrative , p. 84. and sir henry spelman in his councils , and epistle to them ) and none other kinde of governors expressed by name , but they , in sacred writ . 2. by the 1 tim. 2. 1 , 2 , 3. i exhort therefore , that first of all supplications , prayers , intercessions , and thanksgivings be made for all men ; for kings , and for all in eminent places ( under them ) that we may lead a quiet and peaceable life in all godliness and honesty ; for this is good , and acceptable in the sight of god our saviour : compared with ezra 6. 10. c. 7. 23. jer. 9. 7. which duty of making supplicatious , prayers , intercessions for kings and emperors , whether pagan or christian , heterodox or orthodox , protectors or persecutors , the churches , christians & saints of god in all ages , places , kingdoms have constantly & conscientiously practised , as their interest , and the principal means prescribed by god himself , for their quiet , peace , good , welfare , safety , prosperity , increase in godlinesse , honesty , and well-pleasing unto god their saviour ( whose * loving kindnesse is better to them than life , and their greatest felicity ) as i intend to evidence in a particular treatise . neither hath the church and people of england been inferior to any others in this duty , as i could abundantly evidence by ancient canons , missals , processionals , liturgies , the a clause rolls in the tower , and other testimonies , with the praiers used at our kings coronations before the reformation of religion , which i pretermit , and shall give you only a brief touch of their loyalty and practice since we became protestants . at the respective coronations of king edward the 6. king james , and king charles , there were sundry excellent servent prayers and supplications powred out to god with ardent affections on their behalfs : wherein all the prelates , clergy , nobility , gentry , people present at this solemnity prayed frequently for the kings long life , health , wealth , honor , safety , prosperous reign , victory over all his enemies , increase of all royal graces , b vertues , for all temporal , spiritual blessings , and eternal glory in heaven , &c. to be abundantly powred forth upon his own royal person ; and likewise for the increase and succession of his royal posterity in the throne in all ages , in these ensuing words in 3. several praiers . establish him in the throne of this realm , visit him with increase of children , that his children may be kings to rule this kingdom by succession of all ages . let the blessings of him that appeared in the bush descend upon his head , and the fulness of his blessings fall upon his children and posterity . let his horn be exalted as the horn of a vnicorn , by which he may scatter his enemies from the face of the earth . the lord which sitteth in heaven be his defender for ever and ever , through jesus christ our lord . amen . after sundry such prayers and his coronation , all the spiritual & temporal lords present kneel down and do their homage to him in these words . i become your man , and shall be faithfull and true , and troth bear unto you our soveraign lord , and to your heirs kings of england , of life and limb , and of earthly worship , against all men that now live and die . and i shall do and truly knowledge the service of the lands which i claim to hold of you , so god help me . all of them kissing the kings left cheek . the homage being ended , they all touch the crown with their hands , by way of ceremony , as promising to support it with all their power . which done , they all holding up their hands together , in token of their fidelity , with one voyce on their knees say , we offer to sustein and defend you and your crown with our lives , lands and goods against all the world : and with one voyce cry , god save king charles . which all the people follow with reiterated shouts and acclamations . after the coronation of every king , and of our last king charles , in all churches , chapels , and religious families throughout his dominions , and in both houses of parliament every day they sate ( as well after as before the wars ) constant publique and private prayers , were continually made to like effect for him and his royal posterity , as the liturgy , collects in the book of common prayer , the directory it self , the practice of piety , and other prayer-books prescribing forms of prayer for private persons and families morning and evening , and every mans experience attest ; yea such was our zeal and devotion in this kinde , that most persons concluded all their graces before and after meat , with this prayer , or the like in effect , god save his church , our king , prince , the royal issue and realms ; god send us peace in christ our lord , amen . as being englands true interest both as men and christians . how can , how dare we then unpray , renounce , abjure , engage , subscribe , vote , fight against all those publike , private prayers , graces we thus constantly , fervently made to god for sundry years together , and the oathes , homage , fealty , protestation , solemn league and covenant we successively swore in the name , presence of almighty god , with hands and hearts lifted up to him , by praying , engaging , subscribing , voting , fighting against the kings right heir , successor , and royal issue , and banishing , dishinheriting , renouncing , abjuring , secluding them out of all our churches , prayers , realms for ever , to set up an vtopian republike , without * mocking god himself to his very face , willfully violating this evangelical precept , contradicting the practice of all the churches , saints of god in all ages , places , yea disclaiming englands publike with our own private interest , and forfeiting our own eternal interest in heaven , as we are saints and christians ? i beseech all christian englishmen in the name and fear of god , most seriously to consider and lay it close to their consciences , without delay , and examin how they can justifie , excuse it either to god or man . 3ly . by the extraordinary inundation , growth , increase of all sorts of blasphemies , heresies , errors , religions , sects , atheism , irreligion , prophanesse , contempt , rejection , denial of gods word , sacraments , ministers , ordinances , prayer , singing of psalms , catechising , repetition of sermons , apostacy , lukewarmnesse , hypocrisie , perjury , spiritual and outward pride , effeminacy , luxury , whoredom , incest , hypocrisie , formality , envy , hatred , malice , back-biting , slandering , sacrilege , libertinism , covetousness , oppression , cruelty , all sorts of sins and wickednesses whatsoever . the strange decay , decrease of true real christian zeal , piety , devotion , saith , love , charity , brotherly kindnesse , heavenly-mindednesse , contempt of the world , fear of gods threatnings , judgements , and all other christian graces , virtues : substractions of ministers tithes , dues , glebes , rewards , pensions , benefices , augmentations ; scorned , reviled , railed against , disturbed , persecuted by sectaries , quakers , sequestred , suspended , ejected , silenced by arbitrary committees , as meer tenants at will of their ministry and freeholds , ever since the abolishing of kings , their nursing-fathers , by those various step-fathers , and plunderers of the church and ministers who have hitherto succeeded them , and given publike toleration , protection to all religions , sects , seducers , almost to the total extirpation of the true orthodox reformed religion throughout our dominions . to this i shall adde , that as there neither is nor can be any possible ease , or cure of dislocated , fractured joints , bones , limbs in the natural body , nor restitution of health and soundnesse to it by any unguents , cerots , balms , bolsters or artifices whatsoever , but only by the timely , speedy restitution of every bone , joynt , member to its proper place , and keeping them therein by strong astringent medicaments and ligaments : so all our new state-physicians , chirurgions , a politicians , councils at westminster , whitehall , or in the army , with all their art , skill , for near 12. years space together , by all their new-projected models of republikes , parliaments , governments since the abolishing kings and kingship , could not hitherto ease , cure , or restore to health , the inverted , broken bodies of our church , state , ( which have grown every year more and more consumptive , convulsive , decrepit , incurable , disquieted , tormented , and lie now at the very point of death , under all their several applications , as we feel by sad experience ) because they have not endeavoured to restore the fractured , dislocated chief members , bones , joynts thereof to their proper places , but laboured all they could to keep and put them further out ; when as there neither is nor can be any probable or possible way of restoring ease , health , soundnesse , safety , prosperity to them , but by a speedy restauration of their lawfull hereditary head , and noblest members to their due places , offices in them . this consideration , not only the secured and secluded members made the ground-work of their premised vote , decemb. 5. 1648. upon the long debate ; but likewise both houses , kingdoms , and those now sitting together with them , the basis of their protestation , league , covenant , petitions to , and treaties with the late king , and of these two memorable protestations , passages in their b declarations of october 22. and novemb. 2. 1642. worthy consideration . we the lords and commons in this present parliament assembled , do in the presence of almighty god , for the satisfaction of our consciences , and the discharge of that great trust which lies upon us , make this protestation and declaration to the kingdom and nation , and the whole world ; that no private passion or respect , no evil intention to his majesties person , no design to the prejudice of his just honor and authority , engaged us to raise forces , or take take up arms against the authors of this war , wherewith the kingdom is now enflamed , and we have alwaies destred from our hearts and souls , manifested in our astions and proceedings , and in several humble petitions and remonstrances to his majesty , professed our loyalty and obedience to his crown , readiness and resolution to defend his person and support his estate with our lives and fortunes to the uttermost of our power : and by our loyal affections , actions and advice lay a sure and lasting foundation of the greatness and prosperity of his majesty , and his royal posterity in future time . mark their reason : for though the happiness of this and all other kingdoms dependeth chiefly upon god ; yet we acknowledge that it doth so mainly depend upon his majesty and the royal branches of that root , that as we have heretofore , so we shall hereafter esteem no hazard too great , no reproach too vile , but that we shall willingly go through the one , and undergo the other , that we and the whole kingdom may enjoy that happiness , which we cannot in an ordinary way of providence expect from any other fountain or streams than those from whence ( were the poyson of evil counsels once removed from about them ) we doubt not but we and the whole kingdom should be satisfied most abundantly . the philosopher * seneca asserts , that all nations are most ready not only to guard and defend their king , though old or decrepit , but to preserve his life with the hazard of thousands of their own ; not out of any basenesse or frenzie , but because it is their own interest and safety . ille est enim vinculum per quod respublica cohaeret ; ille spiritus vitalis , quem haec tot millia trahunt , nihil ipsa per se futura , nisi onus & praeda , si mens illa imperii subtrahatur . — * rege incolumi mens omnibus una ; amisso rupêre fidem : hic casus romanae ( i may add anglicae ) pacis exitium erit , hic tanti fortunam populi in ruinas aget . tamdiu ab illo periculo aberit hic populus , quamdiu sciat ferre fraenos : quos si aliquando abruperit , vel aliquo casu discussos reponi sibi passus non erit , haec unitas , et hic maximi imperii contextus in partes multas dissiliet , idemque huic urbi dominandi finis erit , qui parendi fuerit . ( which we have found true by sad experience ) ideo principes , regésque non est mirum amari ultra privatas etiam necessitudines . nam si sanis hominibus publica privatis potiora sunt ; sequitur , ut is quoque carior sit , in quem se respublica convertit . olim enim ita se induit reip : caesar ut diduci alterum non possit sine utriusque pernicie : nam ut illi viribus opus est , ita et huic capite . therefore let nedham , rogers , or other pseudo-politicians scrible what they please , to flatter any prevalent , ambitious , covetous faction or grandees whatsoever , yet if all our antient parliaments , lords , commons , seneca , our own experience , god himself , or solomon the wisest of men , of kings , may be credited ( prov. 24. 21. c. 28. 2. eccles 8 , 2 , 3. c. 12 , 13. hos. 10. 3 , 7. hab. 1. 10 , 14 , 15. ezech. 37. 19 , to 28. zach. 9. 9. lam 4. 20. ) there is no other probable , safe , speedy way to prevent our ruine , cloze up our breaches , settle our church , state upon lasting foundations , and recover their pristine honor , wealth , peace , unity , prosperity , but by restoring our hereditary king and kingship , the real interest of all england , and of scotland and ireland too , both as men and christians : which we ought in prudence , justice , conscience , dutie , pietie , loyaltie , now zealously , constantly , unanimously to pursue against all contradictions , oppositions of any private persons , parties self-interests whatsoever : who if they had any true fear of god , any conscience of their former oathes , protestations , vows , covenants , declarations , remonstrances , any loyaltie to their hereditarie king , any bowels of compassion or cordial affection to their native countries peace , safety , ease , settlement , or zeal to the reformed religion , would like that heroick publike spirited pagan roman emperor * otho , chuse rather to make a voluntary sacrifice of themselves and all their usurped power ( as he did , against all the dissuasions of his army , soldiers , friends , relinquishing the empire to vitellius his competitor ) than imbroil the empire and romans any longer in bloudy destructive wars , not against hannibal , pyrrhus , or any other common enemies of rome , but against the romans themselves , wherein both the conquerors and conquered did but weaken , ruine and destroy their own country , nation by their contests , and make themselves a derision , prey to their forein enemies : as our grandees do now . for the negative ; that the late revived yet unformed commonwealth , and its future establishment , to prevent a relapse to kingly government , neither is , nor can be englands true interest as men or christian , is evident by the premises : and these ensuing reasons . 1. it never was once in imagination or projection of the parliament or army , before the year 1648. but only of the jesuites , campanella , and our spanish , french , popish adversaries , purposely to ruine our protestant kings , kingdom , religion . 2. it was professedly disclamed , * voted , declared against , as treasonable , and destructive to the being of parliaments and fundamental government of the kingdom ( when objected by the kings party , 1642. and propounded to the house by the levellers and agitators ) by both houses of parliament and the general council of officers in the army : in june , july , august , november 1647. 3. the commonwealth contested for as englands interest , is as yet but only ens in potentia , or meer chaos , a rudis indigestaque moles ; b without form and void , and darkness is upon the face of it ; the chief sticklers for it , being not yet accorded what kinde of creature it shall be ; and much divided both in their debates , judgements , affections , opinions concerning it : some would have it to be an c aristocraty , others a democraty , many a theocraty , some an oligarchy ; many are for a roman , some for an athenian , others for a lacedemonian , not a few for a venetian , another partie for a helvetian , or dutch commonwealth . some for a vast body with two heads ; others for a head with two bodies ; a third sort , for a body without any head : printing against each others models with much eagerness . now that such an individuum vagum , rude chaos , and commonwealth as this , not yet agreed upon , should be englands interest , and the good old cause , as rogers , nedham , harrington , and others would make men believe , is not only a fancy , but frenzy to assirm ; seeing englands interest was ever in being since it was a kingdom , and their vtopian republike like the chymists philosophers-stone , never yet in esse , but in fieri , or fancy at the most , and a meer new nothing , as their mercuries inform us . 4ly . the late unshaped , revived commonwealth and pretended free state , at its first erection , like a prodigious all devouring , unsatiable monster , raised our monethly contributions , from 30. to one hundred , and sixscore thousand pounds contribution each moneth , and since its new revival hath raised a whole years tax upon our exhausted purses in 3. months space , and then imposed no lesse than one hundred thousand pounds each moneth , in lieu of the former 35 thousand ; besides excises , customs , new intollerable militiaes , amounting to thrice as much more : besides it consumed all the crown-lands , church-lands , & publike revenues of our 3. kingdoms , with thousands of delinquents estates , all alienated , dissipated , being more expensive , oppressive , wastefull to our nation in ten years space , than all our kings since the norman conquest , or saxon line ; only to make us greater slaves to our late mercinary army , servants , & fellow subjects , than ever we were to our beheaded king , or any of his roial predecessors , whose a loyns were nothing so heavy , as their little finger ; chastising us with scorpions in new arbitrary , tyrannical committees , high courts of justice , and other exorbitant judicatures ; when as our kings corrected us but with rods . it hath subverted our kings , parliaments , peers , laws , liberties , properties , great charters , legal courts , writs , seals , commissions , judges , justices , sheriffs , officers , coyns , government ; destroyed our publike and private wealth , trade , unitie , amitie , peace , timber , palaces , woods , shipping , and many thousands of our gallantest sea-men , land-men , by bloudy wars with our protestant brethren , allies , and brought us to the very brink of ruin in all our civil concernments , as men . as christians , by its toleration , fomentation of sects , heresies of all sorts , it hath shaken , undermined in a great measure , the very deitie of god the father , god the son , and god the holy ghost , the trinitie of persons and unitie in the godhead ; the authoritie , divinitie of the scriptures ; all the articles of the creed , the sacraments , ministers and ministrie of the gospel ; the fabricks of many , the freeholds of all , the maintenance of most of our churches , ministers , all now meer tenants at sufferance , and removable , sequestrable , taxable at our republican grandees pleasures , yea their new heralds , baylifs to proclame in chnrches whatever they prescribe , under pain of ejectment or their heaviest indignation . in brief , the introduction of our unshaped republike by perjurie , treacherie , violence , bloud , fraud , injustice , destruction of our protestant kings , lords , parliaments , hath made many zealous professors of religion jesuites in their policies , principles , practises , a atheists in their works ; christ himself and the gospel ( as the atheistical pope esteemed them ) a meer fable , in the repute of many , yea the protestant religion , a meer seminary of treason , rebellion , sedition , hypocrisie , perjury , disloyalty , villany , ataxy , antimonarchy ; and the zealous professors of it , the meer firebrands of rebellion , sedition , high treason against their soveraigns , in the estimation of b foreign jesuits , papists , and popish princes ; who endeavour their total extirpation throughout the world as such . and can it be then englands true interest , as men or christians ? 5. j. rogers himself ( the grand champion for the good old cause and commonwealth ) in his concertation , p. 100 , 103 , 104 , 116 , 117. informs us ; that commonwealths are alwayes subject to frequent changes and alterations , every one more oppressive , tyrannical , cruel , bloudy , prejudicial , destructive to the peoples liberties , properties , lives , than the others ; instancing in the romans , and athenians , which committed the greatest outrages upon the people , being little better than a daily massacre of the most eminent worthies , and hangmen , tormentors of the commons ; which vicissitudes , alterations , proved the athenians utter destruction , and may be a fair warning to us ; because the causes of such mutations , are the most dangerous commotions , which tend to the ruine of all ; as he proves out of aristotle , polit. l 5. c. 1. for prevention whereof he prescribes 12 considerations , unable to cure the fluctuating uncertain state and mischief of a commonwealth ; of which we have already had , and shall sodenly have again sufficient experience . and can a commonwealth then be englands present or future interest in any sence ? in brief , as it is the beautie , safety , interest of every natural living body , whether of men , beasts , fowls , fishes , or creeping things to have only one head to govern , one soul to animate it by gods own most divine and wise institution ; a two-headed bodie being an unnatural uselesse monster , and a double-souled man , creature , unstable in all his wayes , jam. 1. 8. so it is the safetie , beautie , interest , ligament of every politick bodie whatsoever . hence we find not only in all monarchies , but in all republikes themselves , one master over every family , one mayor over every city , one rector over every college , school , hospital , fraternitie ; one sheriff over every county , one governor over every province , one rector over every parish church and congregation , as there is but ‖ one king , lord , head , mediator jesus christ , over the catholike church ; one pilot over every ship , one admiral in chief over every fleet ; and in armies themselves , one general and chief commander over every army , brigade , partie ; one colonel over every regiment ; one captain over every companie , troop , one governor over every fort , garison both abroad and at home ; a pluralitie of lords , masters , generals , governours , rectors , &c. being alwaies in all and every of these not only dangerous , troublesom , inconvenient , chargable , but distractive and destructive too , as all ages , nations have concluded from reason and experience . therefore , a monarchical , hereditarie kingly government ( let rogers , nedham , and our innovating frantick republicans prate what they will ) must be englands true and only interest , honor , safety , felicity , both as men and christians , so long as there shall be but * one sun in the heavens to rule the day , and one moon the night , monarchy and one-nesse being the only ground , ligament of peace , unity , safety both in church & state ; but polarchie the cause of ruin , confusion ; as god only wise resolves against all brain-sick novellers , ephes. 4. 3 , 4 , 5 , 6 , 1 cor. 8. 6. c. 12. 4 , 5 , 6 , 11 , to 31. pro. 28. 2. isay 19. 2 , 3. c. 9. 19 , 20 , 21. ezech. 37. 22 , to 28. 1 kings 14. 30. c. 15. 7. 16. let this last question be now put to all the freemen of the english nation and of scotland , ireland too ) whom it all alike concerns , and the a army with those b now sitting , have formerly voted , to be the only supreme authority of the nation , and themselves to be but their servants , not their soveraigns , and therefore cannot in reason , justice , conscience deny them , or any of them the freedom of their voices herein , in the present juncture of our affairs ; and then i dare pawn my reputation , life , against my antagonists , i shall have above a thousand voices concurring with me , to one , consenting with them : and having both vox populi , and vox dei too , thus suffragating with me , in the supreme universal parliament of all english freemen without the house , i hope no private persons , not commissioned by the peoples free elections , will presume to contradict or repeal their major vote , within the commons house , though they have thrice secluded me out of it by armed guards , before any legal accusation , trial or conviction whatsoever , from pleading of this their publike cause therein : which i wholly submit to their universal censure and decision , till we can gain a full and free , much-desired legal parliament in both houses , to resolve this doubt , which gods wonder working providence , i trust will ere long effect , by dashing the army and their new juncto sudainly in pieces against each other , and turning them all out of dores , with greater contempt , violence , hatred , dissipation than before , april 20. 1653. it being a principle in law , policy , nature ; eodem modo quo quid constituitur , dissolvitur , and a just judgement of god , to cast them out of the house , for their most treasonable vsurpation of a regal and parliamental power over the whole three kingdoms , and secluding the majority of their fellow members against all rules of law , justice , conscience , the rights , privileges of parliament , and their former protestation , league , covenant , remonstrances , by the self-same army-officers , who secluded them by their confederacie ; and now have called them in again , for the ends recited in my narrative ; which if they refuse to prosecute , at the armies and sectaries instigation , john rogers his scurrilous passages and queres , against the old secluded members , p. 7 , 38 , 39 , &c. and nedhams large justification of their former seclusion , upon false , irrational , jesuitical principles , will sufficiently animate them to thrust their masters out of doors , uppon the self-same reasons and false pretences he allegeth for that seclusion , with their approbation ; yea rogers his discontented passages forecited ( p. 46 , 47. ) threaten some sudden approaching storm and ejection to them which they shall not escape ; — nec enim lex justior ulla quam necis artifices arte perire suâ . so that all the surviving re-secluded members , and our oppressed wearied nations shall ere long once more have cause to say and sing with the kingly prophet , ps. 9. 15 , 16. the heathen are sunk down in the pit that they made ; in the net which they hid , is their own foot taken . the lord is known by the judgement which he executeth , the wicked is snared in the works of his own hands . haggaion . selah . swainswick , sept. 23. 1659. finis . errata . courteous reader , correct these errors at the press by means of the authors absence in the country . page 2. l. 5 , 6. often distilling , r. against all disserting , l. 6. his , an , p. 9. l. 10. r. who yet continued , p. 11. l. 32. r. 1653. p. 13. l. ●0 . it . r. them , p. 16. l. 4. therefore , whereupon , l. 18. stronger , r. stranger , p. 17. l. 2. cause , r. course . p. 19. l. 6. r. barclay and the very jesuites , l. 9. & 22. this jesuits , r. the iesuites . he speaks , they speak , p. 21. l. 20. in , l. 22. retained , p. 22. l. 37. being r. over , p. 31. l. 10. disowned , l. 12. thus , that , l. 21. and , but , p. 34. l. 9. seeming , r. surviving , p. 31. l. 3. volumes , vollies , p. 35. l. 2. up , us , p. 38. l. 14. r. jesuites and barclay p. 37. l. 7. jugalarunt . notes, typically marginal, from the original text notes for div a91153e-540 a 2 pet. 2. 18. jude 16. b in his , p. 35. to 41. c pag. 4. 119. d p. 20 , 21 , 22 , 24 , 98 , 57. e his own phrases , p. 3 , 4. f p. 59 , 65 , 26. g p. 24 , 25. h p. 10 , 17 , 18 , 19 , &c. i psal. 64. 3. question 1. k rogers , p. 2. l see my speech , dec. 4 1648. p. 79. to 94. m as himself proves concertation , p. 43 , 44. n page 1. quest . 2. a page 36 , 37. b in my epistle before my speech , dec. 4. 1648. and vindication of the secured and secluded members . a tertull. apologia pro christianis . a see the epistle & appendix to my speech , 1648. a john 8. 44. a the armies declaration , apr. 20. 1653 august 12. 1653. and a true state of the common wealth of england , p. 8 , 10. a see the second part of my register , & kalendar of all parliamentary writs . objection . a nedham , p. 31. a see their declaration & votes m. 17. for suppressing the lords house . b see my plea for the lords . question 3. * pag. 35 , to 42. a deut. 17. 8. c. 19. 15. john 7. 51. acts 19. 38. c. 25. 17. magna charta c. 29. & cook ibidem . b see my plea for the lords , p. 424 , to 460. * in his bridebush . * see speed , trussel , holinshed , walsingham , hall , stow , and others in r. 2. & h. 4. my plea for the lords , p. 424 , to 456. a see the acts , votes , declarations against them . * page 40 , 41. * totles mag : charta , f. 52. hen. de knyghton de event . angl. l. 3. c. 14. my plea for the lords , p. 268 , 269 , 278 , 279 , 280 , 193. exact abridgement , p. 53. 195. 368. 376. to 386. * hobards reports , p. 155. 183. quest . 4. quest . 5. a p. 27 , to 36. a p. 34 , to 41. i see their printed petitions to that effect to king james mr. edwards gangraenaes and treatise against toleration . k see my epistle before my historical and legal vindication . e {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , p. 235 , to 251. a see militiere his victory of truth , dedicated to him : & mutatus polemo p. 32 , 33. a rerum anglicarum , annales , lond : 1616. p. 3. p. 116. & mr. fox , vol. 3. b acts and monuments , vol. 3. p. 101 , 102. a jer. 2. 12. b see the general history of france . hospinian , & ludovicus lucius , hist. jesuitica , l. 3. c. 2. speculum jesuiticum , p. 75 , 80. c mat. 7. 16 , 20. d jer. 5. 9 , 29. e true & perfect narrative p. 62. a 23 eliz. c. 1. 27 eliz. c. 2. 1 jac. c. 4. 3 jac. c. 5. question 6. * rogers , p. 6. 10 , 37 , 38 , 119. nedham , p. 32 , &c. * see gildas , beda , aethelred , mat. westminster , geoffry monmouth , wigorniensis , malmsbury , huntingdon , hoveden , matt. paris , walsingham , simeon dunelmensis , brompton , knyghton , holinshed , grafton , speed , fox , baker , cambdens britannia . * 25 h , 8 , c. 22. 1 eliz. c. 1 , 3 , 4. 5 jac. c. 1 , 2. with the acts in the narrative , p. 91 , 92. ‖ see rastal treason , crown , provision , & praemunire , rome , recusants . † see an exact collection , and collection of them , my speech , memento , prynne the member reconciled to prynne the barrester , the good old cause truly stated . * isay 49. 23. c. 60. 3 , 10 , 11. † ps. 72. 10 , 11. isa. 42. 4 , 12. c. 51. 5. c. 60. 3. 9 , 10. c. 66. 19. * ps. 63. 3. a cl. 22 e. 1. dors . 10 , 11. cl. 24 e. 1. d. 8. 10. cl. 27 e. 1. d. 7. cl. 32 e. 1. d. 7. 16. cl. 34 e. 1. d. 9. 16. cl. 35 e. 1. d. 9. 15 , 17. b liber regalis . ms. the breef of the rites & prayers used at the kings coronation ms. * gal. 6. 7. a see their declaration , may 6. 1659. b exact collection , p. 663 , 664 , 695 , 696 , see p. 631 , 632 633. 641 , to 645 , 657 , 658. * de clementia , l. 1. c. 3 , 4. * virgil . georg . l. 2. * suetonius , tacitus , eutropius , plutarch , & grimston in his life . * exact collection , p. 657 , 658 , 695 , 696. see my speech , p. 80 , 81 , 101 , 102 , 103. a ovid metamorph . lib. 1. b gen. 1. 2. c rogers concertation , p. 62 , 70 , &c. a 2 chron. 10. 10. a titus 1. 16. 2 pet. 2. 1. jude 4. b cornelius cornelii praefatio in minores prophetas . militiere his victory of truth . see my narrative , p. 55. ‖ ezech. 37. 23. ephes. 4. 4 , 5 , 6. 1 cor. ● . 4. 6. * gen. 1. 16. ps. 136. 8. a in their agreement of the people , & declaration 20 , novemb. 1648. b jan. 6. 1648. a seasonable vindication of the supream authority and jurisdiction of christian kings, lords, parliaments, as well over the possessions as persons of delinquent prelates and churchmen, or, an antient disputation of the famous bohemian martyr john hus, in justification of john wickliffs 17 article proving by 43 arguments taken out of fathers, canonists, school-men, the supream authority and jurisidiction of princes, parliaments, temporal lords, and other lay-men, who have endowed the church with temporalities, to take away and alien the temporal lands and possessions of delinquent bishops, abbots and church-men, by way of medicine or punishment, without any sacrilege, impiety or injustice : transcribed out of the printed works of iohn hus, and mr. iohn fox his acts and monuments printed london 1641, vol. i, p. 585, &c : with an additional appendix thereunto of proofs and domestick presidents in all ages, usefull for present and future times / by william prynne ... determinatio de ablatione temporalium a clericis. english hus, jan, 1369?-1415. 1660 approx. 307 kb of xml-encoded text transcribed from 65 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2005-12 (eebo-tcp phase 1). a45227 wing h3802 estc r8509 12993504 ocm 12993504 96364 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a45227) transcribed from: (early english books online ; image set 96364) images scanned from microfilm: (early english books, 1641-1700 ; 258:e190, no 3) a seasonable vindication of the supream authority and jurisdiction of christian kings, lords, parliaments, as well over the possessions as persons of delinquent prelates and churchmen, or, an antient disputation of the famous bohemian martyr john hus, in justification of john wickliffs 17 article proving by 43 arguments taken out of fathers, canonists, school-men, the supream authority and jurisidiction of princes, parliaments, temporal lords, and other lay-men, who have endowed the church with temporalities, to take away and alien the temporal lands and possessions of delinquent bishops, abbots and church-men, by way of medicine or punishment, without any sacrilege, impiety or injustice : transcribed out of the printed works of iohn hus, and mr. iohn fox his acts and monuments printed london 1641, vol. i, p. 585, &c : with an additional appendix thereunto of proofs and domestick presidents in all ages, usefull for present and future times / by william prynne ... determinatio de ablatione temporalium a clericis. english hus, jan, 1369?-1415. foxe, john, 1516-1587. actes and monuments. prynne, william, 1600-1669. [8], 118 p. printed by t. childe, and l. parry, and are to be sold by edward thomas ..., london : 1660. "the second disputation in the university of prague, upon the seventeenth article of john wickliffe," p. 3-37, is a translation, taken in part from the 1641 edition of john foxe's "actes and monuments", of hus' "de ablatione temporalium a clericis determinatio." reproduction of original in thomason collection, british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church property -england. 2000-00 tcp assigned for keying and markup 2001-08 spi global keyed and coded from proquest page images 2005-06 haley pierson sampled and proofread 2005-06 haley pierson text and markup reviewed and edited 2005-10 pfs batch review (qc) and xml conversion a seasonable vindication of the supream authority and jurisdiction of christian kings , lords , parliaments , as well over the possessions , as persons of delinquent prelates and churchmen ; or , an antient disputation of the famous bohemian martyr john hus , in justification of john wickliffs 17. article ; proving by 43. arguments taken out of fathers , canonists , school-men , the supream authority and jurisdiction of princes , parliaments , temporal lords , and other lay-men , ( who have endowed the church with temporalties ) to take away and alien the temporal lands and possessions of delinquent bishops , abbots and church-men , by way of medicine or punishment , without any sacrilege , impiety or injustice . transcribed out of the printed works of iohn hus , and mr. iohn fox his acts and monuments printed london 1641. vol. 1. p. 585 , &c. with an additional appendix thereunto of proofs , and domestick presidents in all ages , usefull for present and future times . by william prynne esq a bencher of lincolns inne . acts 1. 20. let his habitation be desolate and no man dwell therein and his bishoprick let another take . bernard . de consideratione ad eugenium . l. 3. parvi dejectique animi est de subditis non profectum quaerere subditorum , sed quaestum propriū , in summo praesertim pontifice nihil turpius . london , printed by t. childe , and l. parry , and are to be sold by edward thomas at the adam and eve in little britain , 1660. to the most illustrious monarch charles the ii. by the singular grace , and wonder-working providence of almighty god , of england , scotland , france and ireland king , defender of the true christian faith ; and supreme governor over all ecclesiastical persons , as well as temporal , throughout his dominions . most gracious soveraign , i humbly crave license to prostrate at your royal feet , a learned disputation of the famous bohemian martyr john hus , in defence of our renowned john wickliffs 17. article ; largely evidencing the supream authority of christian kings , and temporal lords , over the temporalties , and persons of delinquent prelates and churchmen , backed with an additional appendix , ( hastily compiled in the midst of my other distracting publike imployments in few hours space , ) not unseasonable , or unworthy publike consideration , in relation to ancient and late alienations of abbots , bishops . cathedral lands , now under your majesties and your parliaments deliberation , in order to their purchasers satisfaction , for the prevention of future animosities , suits , & establishment of cordial unity , amity between all your subjects , after their many years sad intestine bloudy schisms and discords . the sole occasion of this publication , was the many late petitions of purchasers , and others complaining of some * bishops , & churchmens covetousness , or averseness to give them such competent satisfaction for their purchases , by new leases or otherwise , as your majesties royal declarations , the commons-house votes , and your noble generals engagements , ( in order to your highnesse most joyfull , peaceable restitution to your throne ) induced them to expect ; and of their violent , or vexatious proceedings , contrary to your gracious proclamation , and commission . the principal design of it is , to vindicate your majesties ancient soveraign jurisdiction , with the legal power of your parliaments & temporal lords , over the possessions and persons of the greatest prelates , in cases of delinquency , ‖ war , or publike necessity ; and the lawfulness of seising , alienating their temporalties , imprisoning , banishing , executing their persons for criminal offences , and contempts ( of which they have been frequently guilty ) without any sacrilege or impiety . the contemplation whereof ( i presume ) will henceforth perpetually bind them to their good behaviours , both towards your majesty , your parliaments , and people ; and engage them to a charitable , sober , religious use of all their temporal endowments , to a most heavenly , humble , world-contemning conversation , a diligent faithfull discharge of their episcopal function , by a daily constant preaching , fasting , praying , and administration of the sacraments to the souls committed to their pastoral charge ; and to an aemulous imitation of our pious , primitive archbishops and bishops , wilfrid , aydan , ceadda and others , of whom a venerable beda , and b gervasius dorobernensis render us this account : non equitando , sed pedibus ambulando , verbum dei instantissime praedicabant . tota tunc fuit sollicitudo doctoribus illis deo servire , non seculo ; tota cura cordis excolendi non ventris . nulla causa fuit sacerdotibus dei vicos adeundi , nisi ut praedicarent , vel baptizarent , vel animas curarent . cuncta quae sibi à regibus vel divitibus seculi donabantur , mox pauperibus qui occurrerent erogate gaudebant . in tantum erant ab omni peste avaritiae castigati ut nemo territoria vel possessiones ad construenda monasteria à potestatibus seculi , nisi coactus acceperet . all their oblations and revenues were c equally divided into 4. parts . the 1. for the sustentation of the bishop and his family , not in a pompous lordly splendor , but sober and christian hospitality ; the 2. for the maintenance of his clergy or chapter ; the 3. for the relief of the poor ; the 4. for the repair of churches : and if any surplusage remained , it was bestowed in alms and other pious uses ; not spent in luxury or worldly pomp . no part of it was treasured up in the bishops own purse to enrich himself , or leased to , or bestowed on his wife , children , kenred , servants , or courtiers as in later ages , ( as real d sacrilege as any now declaimed against . ) their angelical and evangelical conversations , purchased them such veneration and high esteem among all sorts of people , e ut ubicunque clericus aliquis adveniret gaudentèr ab omnibus , tanquam dei famulus exciperetur . etiam si in itinere pergens inveniretur , occurrebant , & flexa cervice vel manu signari , vel ore illius se benedici gaudebant ; verbis quoque horum exhortatoriis diligenter auditum praebebant . et si quis sacerdotum in vicum fortè deveniret , mox congregati in unum vicani , uerbum vitae ab illo expetere , et operibus implere curabant . such an episcopal life as these then led in our bishops and clergy now ( without future contests , f which of them shall be the greatest , richest , highest , but best , holyest , humblest ) would speedily reconcile both them , their purchasors and opponents , yea produce such a reverend estimation and entertainment of their persons and ministry in the laity , as your majesty by your most pious declarations , proclamations , speeches , and unwearied endeavours have exhorted , and conjured them unto ; that so all your subjects g may henceforth live a quiet and peaceable life in all godlinesse and honesty , under your most just and gracious government ; which as it ought to be their daily prayer , so it is their bounden duty , and will be the only means of their future felicity . let those h everlasting arms of the eternal god , riding upon the heavens for your help , which have so miraculously protected , supported , restored your royal majesty to your kingdoms , and thrust out the enemy from before you without sword or spear , for ever embrace , defend , preserve your sacred person in perfect health and safety , to reign over them in all prosperity , tranquillity , felicity and glory , till extreme old age ( and no other casualty ) shall translate you from a temporal to an eternal crown in the highest heavens ; which bath been , is , and alwayes shall be the daily prayer of from my study in lincolns inne , novem. 24. 1660. your majesties dutifull and loyal subjects , william prynne . an antient plea in justification of the late taking away , and sales of cathedral-lands , &c. in the year of our lord 1378. [a] iohn wickliffe in the university of oxford in his sermons and writings publikely asserted , that the lords temporal , may lawfully and meritoriously take away their temporalties from the church-men offending habitually . that if any temporal lord do know the church so offending , he is bound under pain of damnation to take the temporalties from the same . that it is lawfull for kings , in causes licensed by the law , to take away the temporalties from the spiritualty sinning habitualiter , that is , which continue in the customs of sin , and will not amend . that whether they be temporal lords , or any other men whatsoever they be , which have endowed the church with temporalties , it is lawfull for them to take away the same temporalties , as it were by way of medicine , to avoid sin , notwithstanding any excommunication or other ecclesiastical censure ; for so much as they are not given but under a conditon . the bishops of england , conceiving their great lordly minors , and temporalties to be much endangered by these positions of wickliff , drew up these and other positions of his into articles of complaint against him , and sent them diligently to pope gregory the xi . at rome , with other articles of a diffrent nature to the number of 18. where they were condemned for heretical and erroneous by 23. cardinals . hereupon pope gregory sent his bulls to the chancellor & universitie of oxford , king richard the 2d . and the archbp. of cant. to apprehend , imprison and persecute wickliff ; who was thereupon summoned to appear before a certain convocation of bishops at the archbishops palace in lambeth ; where he justified these positions by reason , scripture , canon and civil law. after wickliffe death , 45 articles being exhibited against him in the council of constance , and these 3. amongst the rest . that to enrich the clergy was against the rule of christ. that the pope with all his clergy having those possessions as they have , be hereticks in so having ; and the secular powers in so suffring them do not well . that the emperor and secular lords be seduced which so enrich the church with ample possessions . thereupon iohn hus a most learned pious bohemian divine , particularly justified these positions of his amongst others , against the censure of the pope and council of constance , before the whole universitie of prague in charls colledge , in a particular treatise , de ablatione bonorum temporalium a clericis delinquentibus , printed at large in his works in latine , novemb. 1558. pt . 1 , &c. for the most part translated into english by mr. iohn fox , in his acts and monuments london 1641. vol. 1. p. 595. which book all archbishops , bishops , deans , archdeacons , and canons residentiaries , were bound to have in their cathedrals , halls and great chambers , that it might be publikely read by their servants and strangers , by the canons made in the provincial synod of london , anno 1571. p. 5 , 6 , 7. whereby this doctrine of wickliff and hus is not only tolerated , but justified by them , as orthodox , and no wayes sacrilegious or heterodox , as some now repute it . * the second disputation in the vniversity of prague , upon the seventeenth article of john wickliffe , most fruitfull to be read ; proving by 25 reasons out of the scriptures , how that princes and lords temporal have lawfull authority and iurisdiction over the spiritualty & churche men , both in taking from them their temporalties , and correcting their doings and deserts . to the honour of almighty god , and of our lord jesus christ , both for the trying out of truth , and the profit of holy mother the church , according to the congregation of our university of prage , which , avoiding alwaies to do that which shall be prejudicial to the truth , hath deferred to give their consent unto the condemnation of the forty five articles , wishing even unto this present sufficient probation to be given of the condemnation of the said articles , and particularly of every one of them . whereupon the said university doth alwaies require due proof of the same , forsomuch as pope damasus in his canon distinction sixtie eight chapter , chorepiscopi , saith thus ; that it is necessarie that whatsoever thing standeth not by due reason should be rooted out . whereby it appeareth , that the condemnation of the five and forty articles , if it stand not with proof and sufficient demonstration for every article , is necessary to be rooted out . but if any man will object and say , that to require a reason of every thing , is to derogate from gods divine power . unto this answer master william doth answer himself in his philosophy , the first book , almost at the end ; where he intreating of the place , in the second chapter of genesis , god made man of the slime of the earth , &c. hath these words ; for in what point ( say we ) are we contrary to the holy scriptures , if we seek by reason to declare wherefore any thing is done , which is said in the scriptures to be done ? for if that a wise man should say that a thing is done , and do not declare how it is done , and another man speaketh the very self-same thing , and declareth how it is done , what contrariety is there ? but for so much as they themselves know not the force of nature , to the intent that they might have all men partakers with them of their ignorance , they would have no man to inquire it out . but they would have us beleeve as ignorant people , neither to seek any reason of our beleef , that the prophecie might be fulfilled ; such as the people is , such shall be the priest . but we truly do say , that in all things a reason is to be sought , if it may by any means be found . but if that any man do stay at any thing which the scriptures doth affirm , let him commit the same unto faith , and unto the holy ghost . for moses saith , if the lamb cannot be eaten , let it not be by and by consumed in the fire ; but let him first call his neighbour which dwelleth next house unto him ; and if they also be not sufficient to eat the lamb , then let it be turned in the fire . so likewise , when as we goe about to seek any thing as touching the godhead , and that we be not able of our selves to comprehend the same , let us call our neighbour which dwelleth next house unto us ; that is to say , let us seek out such a one as dwelleth in the same catholick faith with us ; and if then neither we , neither yet he be able to comprehend the same , let it then be burned with the fire of faith . but these men , albeit they have many neighbours dwelling near unto them , yet for very pride they will not call any man unto them , chusing rather to continue still ignorant , then to ask any question . and if they do know any man to enquire for his neighbour in such case , by and by they cry out upon him as an heretick ; presuming more upon their own heads , than having confidence in their wisdom . but i exhort you to give no credit unto their outward appearance , for already it is verefied in them , which the satyrical poet saith ; no credit is to be given unto the outward shew : for which of them all is it that doth not abound with most shamefull and detestable vices ? and in another place he saith ; they are very dainty of their speech , and have great desire to keep silence . and thus much hath mr. wilhelmus . let all such hear whom this parable doth touch : for i with the rest of the masters , bachelors and students of our university , considering how hard a matter the condemnation of the forty five articles of wickliff , without reason , is , and how grievous a thing it were if we should thereunto consent , doe call together my neighbours , the doctors of this universitie , and all others which would object any thing against the same , that we might presently finde out the reason of the condemnation of this article , concernning the taking away the temporalties from the clergie . notwithstanding i doe professe that it is not my intent , like as it is not the meaning of the universitie to perswade , that princes or secular lords should take away the goods from the clergie when they would , or how they would and convert them to what use they list . but our whole intent is , diligently to search out whether this article , as touching the taking away of temporalties from the clergie , may have in it any true sense , whereby it may be defended without reproof . wherefore this article , being the seventeenth in the number of the forty five is , propounded under this form : the lords temporal may at their own will and pleasure , take away the temporal goods from the clergie , if they doe offend , and therein continue . it is thus proved : the kings of the old testament took away the temporal goods at gods commandement from the clergie ; that is to say , from the priests offending . therefore the kings of the new testament , at gods commandment , may do the like , when as the priests of the new law do offend . the consequence dependeth upon a similitude . and the antecedent is evident . first , it is proved by solomon in the 3. of the kings , 2. chapter , which solomon deposed abiathar the high priest , because he had taken part with adonias the brother of solomon to make him king , without the advice either of david , or of solomon himself , which ought to reign , and set up sadoc the priest in the place of abiathar , because he had not consented with abiathar unto adonias , as it is written in the 3. book of kings , 1. chapter , where it is said , adonias , the son of agithe , exalted himself , and said , i will reign : and made unto himself chariots and horsemen , and forty men which should 〈◊〉 before him neither did his father rebuke him at any time , saying , wherefore hast thou done this ? for he was very comely , being second son , next to a solon , and his talk was with i●●b the son of sa●via , and abiathar the priest , which took part with adonias . but sadoc the priest , and benatas the son of ioiada , and nathan the prophet , and semei , and serethi , and felethi , and all the power of davids host , were not on adonias part . this was the cause of the deposing of abiathar , because he took part with adonias , that he should be king against solomon the eldest son of king david : wherefore it is written in the third book , and second chapter of the kings ; the king said unto abiathar the priest , goe your wayes unto anathoth thine own field , for thou art a man of death ; but this day i will not slay thee , because thou hast carried the ark of the lord before my father david , and didst labour in all things wherein my father laboured . then did solomom cast out abiathar , that he should be no more the priest of the lord ; that the word of the lord might be fulfilled , which he spake upon the ● use of h●li in silo. behold , the most prudent king solomon , according to the wisdom which was given him of god , did exercise his power upon the said priest , putting him out of his priesthood , and setting in his place sadoc the priest. this was a greater matter than to take away the temporalties . if then in the law of christ , which now raigneth over us , a bishop should likewise rebell against the true heir of the kingdom , willing to set up another for king ; why should not the king or his heir have power , in like case , to take away the temporalties from him so offending ? item , it is also evident by the king nabuchodonozor , which had power given him of god to lead away the children of israel , with their priests and levites , into the captivity of babylon , as it is written 4 book of the kings , 25 chapter . item , it is read in the 4. book of kings , and 12. chapt . how that ioas the most godly king of iuda , according to the wisdom which god had granted him , took away all the consecrate vessels which iosaphat , ioram , and ochosias , his fore-fathers kings of iuda had consecrated , and those which he himself had offered , and all the treasure that could be found in the temple of the lord , and in the kings palace , and sent it unto azthel king of syria , and he departed from ierusalem . mark how this most holy king exercised his power , not only in taking away the temporalities of the priests , but also those things which were consecrate in the temple of the lord , to procure unto the commonwealth , the benefit of peace . item , in the 4. book , and 18. chapter of the kings , it is written , how that the holy king ezechias took all the treasure that was found in the house of the lord , and in the kings treasury , and brake down the pillars of the temple of the lord , and all the plates of gold which he himself had fastned thereupon , and gave them unto the king of the assyrians ; yet was he not rebuked of the lord therefore , as he was for his other sins , as it appeareth in the 2d . book of kings 18. chapter . forsomuch then as in time of necessity , all things ought to be in common unto christians , it followeth , that the secular lords in case of necessity , and in many other common cases , may lawfully take away the moveable goods from the clergy , when they do offend . item , it is also read in the 12. of st. matthew , that the disciples of jesus , to slak their hunger , upon the sabbath day pulled the ears of corn , and did eat them , and the pharisees rebuked them therefore ; unto whom christ answered , have ye not read what david did when he was hungry , and ●●ose that were with him : how he entred into the house of the lord , and did eat the shew bread , which it was not lawfull for him , neither for them that were with him to eat , but only for the priests ? this story is written in the first book of the kings , and 21. chapter . and the commandement in the 12. chapter of deuteronomy . whereby it appeareth , that it is lawfull in time of necessity to use any thing , be it never so much consecrate . otherwise children by giving their moveables to the consecration of any temple , should not be bound to help their parents ; which is contrary and against the gospel of st. matthew in the 16. chapt . whereas our saviour sharply rebuked the pharisees , that for their own traditions they did transgresse the commandement of god. item , titus and vespasian secular princes , had power given them of god , twenty four years after the lords ascension , to take away the temporalities from the priests which had offended against the lords holy one , and thereby also bereft them of their lives : and it seemeth unto many , they did and might worthily do the same according to gods good will and pleasure . then forsomuch as our priests in these daies may transgresse and offend as much , and rather more against the lords anointed , it followeth , that by the pleasure of god , the secular lords may likewise punish them for their offence . our saviour being king of kings , and high bishop , with his disciples , did give tribute unto caesar , as it appeareth in the 17. chapt . of st. matthews gospel , and commanded the scribes and pharisees to give the like unto caesar , st. matthew 22. whereby he gave example unto all priests that would come after him to render tribute unto their kings : whereupon blessed st. ambrose in his 4. book upon these words in the 5. of st. luke , ( cast cu● your nets ) writeth thus : there is another kind of fishing amongst the apostles , after which manner the lord commanded peter only to fish , saying , cast out thy hook , and that fish which cometh first up , take him . and then unto the purpose he saith ; it is truly a great and spiritual document , whereby all christian men are taught , that they ought to be subject unto the higher powers , and that no man ought to think that the lawe of a king here on earth are to be broken . for if the son of god did pay tribute , who art thou so great a man , that thinkest thou oughtest not to pay tribute ? he payed tribute which had no possessions ; and thou which daily seekest after the lucre of the world , why doest thou not acknowledge the obedience and duty of the world ? why doest thou through the arrogancy of thy mind exalt thy self above the world , when at , through thine own miserable covetousnesse , thou art subject unto the world ? thus writeth st. ambrose , and it is put in the 11. caus . qu. 1. magnum quidem . he also writeth upon these words in luke 20. shew me a penny , whose image hath it ? if christ had not the image of caesar , why did he pay any tribute ? he gave it not of his own , but rendred unto the world , that which was the worlds : and if thou wilt not be in danger of caesar , possesse not those things which are the worlds ; for if thou hast riches thou art in danger of caesar. wherefore if thou wilt owe nothing unto any earthly king , forsake all those things , and follow christ. if then all ecclesiastical ministers , having riches , ought to be under the subjection of kings , and give unto them tribute ; it followeth that kings may lawfully , by the authority which is given them , take away their temporalities from them . hereupon st. paul , acknowledging himself to be under the jurisdiction of the emperor , appealed unto caesar , as it appeareth . acts 25. i stand , saith he , at caesars judgement seat , there i ought to be judged . whereupon in the 8. distinction , chapter quo jure . st. ambrose allegeth , that all things are lawfull unto the emperor , and all things under his power . for the confirmation whereof it is said , daniel 2. chapter ; the god of heaven hath given unto thee a kingdom , strength , empire , and glory , and all places wherein the children of men do dwell , and hath given into thy power the beasts of the field , and fowles of the air , and set all things under thy subjection , also in the 11. question and 1 , he saith ; if the emperor require tribute , we do not deny that the lands of the church shall pay tribute ; if the emperor have need of our lands , he hath power to challenge them , let him take them , if he will ; i do not give them unto the emperor , neither do i deny them . this writeth st. ambrose , expresly declaring that the secular lord hath power at his pleasure to take away the lands of the church ; and so consequently the secular lords have power at their own pleasures to take away the temporal goods from the ecclesiastical ministers , when they do offend . item , st. augustine writeth ; if thou saiest , what have we to do with the emperor ? but now as i said , we speak of mans law. the apostles would be obedient unto kings , and honour them , saying , reverence your kings ; and do not say , what have i to do with the king ? what hast thou then to do with possessions ? by the kings law thy possessions are possessed . thou hast said , what have i to do with the king ? but do not say , what have thy possessions to do with the king ? for then hast thou renounced the laws of men , whereby thou diddest possesse thy lands . thus writeth st. augustine in his 8. distinction , by whose words it is manifest , that the king hath power over the church goods , and consequently may take them away from the clergy , transgressing or offending . item , in his three and thirtieth epistle unto boniface , he saith , what sober man will say unto our kings , care not you in your kingdom , by whom the church of the lord is maintained , or by whom it is oppressed ; it pertaineth not unto you , who will be either a religious man , or who will be a church robber ? unto whom it may be thus answered : doth it not pertain unto us in our kingdom , who will either live a chast life , or who will be an unchast whoremonger ? behold , this holy man sheweth here how that it is the duty of kings to punish such as are robbers of churches , and consequently the proud clergy when as they do offend . item , he writeth in the 33. caus . quest . 7. si de rebus ; the secular lords may lawfully take away the temporal goods from hereticks ; and forsomuch it is a case greatly possible that many of the clergy are users of simony , and thereby hereticks , therefore the secular lords may very lawfully take away their temporalities from them . for what unworthy thing is it , saith st. augustine , if the catholicks do possesse , according unto the will of the lord , those things which the hereticks held ? forsomuch as this is the word of the lord unto all wicked men , mat. 21. the kingdom of god shall be taken away from you , and given unto a nation which shall do the righteousnesse thereof ; is it in vain which is written in the 17. chapter of the book of wisdom ? the just shall eat the labours of the wicked . and whereas it may be objected as touching the desire of other mens goods ; st. augustine answereth , that by that evidence the seven nations , which did abuse the land of promise , and were driven out from thence by the power of god , may object the same unto the people of god , which inhabit the same . and the jews themselves , from whom , according unto the word of the lord , the kingdom is taken away and given unto a people , which shall do the works of righteousnesse , may object the same unto the church of christ , as touching the desire of other mens goods ; but st. augustines answer is thus . we , saith he , do not desire another mans goods ; forsomuch as they are ours by the commandement of him , by whom all things were made . by like evidence the clergy having offended , their temporal goods are made the goods of others , for the profit of the church . to this purpose also , according to st. augustine , serveth the 14. question 4. unto a mis-believer it is not a half-penny matter , but unto the faithfull is a whole world of riches : shall we not then convince all such to possesse another mans goods , which seemed to have gathered great riches together , and know not how to use them ; for that truly is not anothers , which is possessed by right : and that is lawfully possessed , which is justly possessed ; and that is justly possessed , which is well possessed . ergo , all that which is evil possessed is another mans , and he doth ill possesse it , which doth evil use it . if then any of the clergy do abuse the temporal goods , the temporal lords may at their own pleasure , according unto the rule of charity , take away the said temporal go●d● from the clergy so transgressing . for then , according , to the allegation aforesaid , the clergy doth not j●●l● p●ssesse those temporal goods , but the temporal lord● , proceeding according to the rule of charity , do justly possesse those temporalities , for somuch as all things are the just mans . 1 cor. 3. chapter , all things , saith the apostle are yours ; whether it be paul , or apollo , or c●●●● , either the world , either life or death , or things 〈◊〉 , or things to come : for all things be yours , you be christs , and christ is gods. also in the 23. question 7. qui●●●q●e , it is written , iure divino omnia sunt just●●●● . the words of st. augustine in that place , ad vin●●●●um , be these ; whosoever , saith he , upon the occasion of this law or ordinance of the emperor , doth molest or persecute you , not for love of any charitable correction , but only for hatred and malice to do you displeasure , i hold not with him in so doing . and although there is nothing here in this earth , that any man may possesse assuredly , but either he must hold it by gods law , by which cuncta justorum esse dicuntur ; that is , all things be said to pertain to the possession of the just : or else by mans law , which standeth in the kings power to set and to ordain , &c. here , by the words of st. augustine alleaged , ye see all things belong to the possession of the just , by gods law . item , forsomuch as the clergy by means of their possessions are in danger of the emperor and king : it followeth , that if they do offend , the emperor or king may lawfully take away their possessions from them . the consequence dependeth on this point , forsomuch as otherwise they were not in subjection under the emperor or king : and the antecedent is manifest by the 11. question and first parag. his ita respondetur . whereas it is specified in latine thus : his ita respondetur , clerici ex officio episcopo sunt suppositi , ex possessionibus praediorum imperatori sunt obnoxii : ab episcopo unctronem , decimas , & primitias accipiunt ; ab imperatore verò praediorum possessiones nanciscuntur : that is to say , the clergy by meanes of their office are under the bishop , but by reason of their possessions they be subject unto the emperor : of the bishop they receive unction , tithes , and first fruits ; of the emperor they receive possessions . thus then it is decreed by the emperial law , that livelihoods should be possessed : whereby it appeareth , that the clergy by the possession of their livelihoods are in danger of the emperor for him to take away from them , or to correct them according to their deservings , and to have the controulment of them , as it shall seem good unto him . item , the temporal lords may take away the temporalities from such as use simony , because they are hereticks . ergo , this article is true . the antecedent is manifest forsomuch as the secular lords may refuse such as use simony , and punish them except they do repent . for by the decree of pope paschasius in the first and last question it appeareth , that all such as used simony were to be refused of all faithfull people , as chief and principal hereticks ; and if they do not repent after they be warned , they are also to be punished by the extreme power . for all other faults and crimes , in comparison of simoney , be counted but light , and seem small offences . whereupon the glosse , expounding the same text , saith , that by this word externe , is understood the laity , which have power over the clergy , besides the church , as in the 17. distinct . non licuit , & 23. question 5. principes . whereby it is evident , that the temporal lords may take away the temporal goods from the clergy when as they do offend . item , st. gregory in the register upon his seventh book and ninth chapter , writeth thus unto the french queen : forsomuch as it is written that righteousnesse helpeth the people , and sin maketh them miserable : then is that kingdom counted stable , when as the offence which is known , is soon amended . therefore , forsomuch as wicked priests are the cause of the ruine of the people , ( for who shall take upon him , to be intercessor for the sins of the people , if the priest which ought to intreat for the same , have committed greater offences ) and under your dominions the priest do live wickedly and unchastly ; therefore that the offence of a few might not turn to the destruction of many , we ought earnestly to seek the punishment of the same . and it followeth , if we do command any person , we do send him forth , with the consent of your authority , who together with other priests , shall diligently seek out , and according unto gods word correct and amend the same . neither are these things to be dissembled , the which we have spoken of , for he that may correct any thing , and doth neglect the same , without all doubt he maketh himself partaker of the sin or offence . therefore foresee unto your own soul , provide for your nephews , and for such as you do desire to reign after you , provide for your country , and with diligence provide for the correction and punishment of that sin , before our creator do stretch out his hand to strike . and in his next chapter he writeth unto the french king : whatsoever you do understand to pertain either unto the honour and glory of our god , to the reverence of the church , or to the honour of the priests , that do you diligently cause to be decreed , and in all points to be observed . wherefore once again we do move you , that you command a synod to be congregate , and as we wrote lately unto you , to cause all the carnal vices , which raign amongst your priests , and all the wickednesse and simony of your bishops ( which is most hard to be condemned and reproved ) utterly to be banished out of your kingdom ; and that you will not suffer them to possesse any more substance under your dominion , then gods commandement doth allow . behold how carefully blessed gregory doth exhort the queen and the king to punish the vices of the clergy , lest through their negligence they should be partakers of the same ; and how they ought to correct their subjects . for as it is convenient to be circumspect and carefull against the outward enemies ; even so likewise ought they to be against the inward enemies of the soul. and like as in just war against the outward enemies it is lawfull to take away their goods , so long as they continue in their malice ; so also is it lawfull to take away the goods of the clergy , being the inward enemy . the consequence is proved thus ; for so much as the domestical enemies are most hurtfull . item , it is thus argued ; if god be , the temporal lords may meritoriously and lawfully take away the temporal goods from the clergy , if they do offend . for this point let us suppose that we speak of power , as the true authentike scripture doth speak , mat 3. 9. god is able even of these stones to raise up children unto abraham . whereupon it is thus argued ; for if god be , he is omnipotent , and if he so be , he may give like power unto the secular lords . and so consequently they may meritoriously and lawfully use the same power . but lest that any man may object , that a proof made by a strange thing is not sufficient ; it is therefore declared how that the temporal lords have power to take away their almes bestowed upon the church , the church abusing the same , as it shall be proved hereafter . and first thus ; it is lawfull for kings , in cases limited by the law , to take away the movables from the clergy when they do offend : it is thus proved ; for the temporal lords are most bound unto the works of greatest mercy most easie for them : but in case possible , it should be greater almes , and easier temporal dominion , to take away their almes from such as build therewithall unto eternal damnation , through the abuse thereof , than to give the said almes for any bodily relief , ergo , the assumption is true . whereupon first this sentence of the law of christ in the second epistle to the thessalonians the third chapter is noted , whereas the apostle writeth thus ; when we were amongst you , we declared this unto you , that he that would not work should not eat . wherefore the law of nature doth license all such as have the governance of kingdoms , to correct the abuse of the temporalities , which would be the chief cause of the destruction of their kingdoms ; whether the temporal lords , or any other , had endowed the church with those temporalities or not . it is lawfull for them in some case to take away the temporalities , as it were by way of physick to withstand sin , notwithstanding any excommunication , or other ecclesiastical censures ; forsomuch as they are not endowed , but only with * condition thereunto annexed . hereby it appeareth , that the condition annexed to the endowing , or enriching of any church ; is , that god should be honored : the which condition if it once fail , the contrary taking place , the title of the gift is lost , and consequently the lord which gave the almes ought to correct the offence . excommunication ought not to let the fulfilling of justice . secondly , according to the canon law , 16 question 7. this sentence is noted , where it is thus spoken , as touching the children , nephews , and the most honest of the kindred of him which hath builded or endowed the church : that it is lawfull for them to be thus circumspect , that if they perceive the priest do defraud any part of that which is bestowed , they should either gently admonish or warn him , or else complain of him to the bishop , that he may be corrected . but if the bishop himself attempt to do the like , let them complain of him to his metropolitane : and if the metropolitane do the like , let them not defer the time to report it in the ears of the king. for so saith the canon , let them not defer to report it in the ears of the king. to what end i pray you , but that he should do correction : neither is it to be doubted , but that correction doth more appertain unto the king in this point for their goods , whereof he is chief lord , by a substraction proportional according to the fault or offence . item , is thus proved ; it is lawfull for the secular lords by their power to do correction upon the clergy by some kind of fearfull discipline appertaining to their secular power : ergo , by like reason it is lawfull for them by their power to do such correction , by all kind of fearfull discipline pertaining unto their secular power . for so much then as the taking of their temporalities is a kind of fearfull discipline pertaining unto the secular power ; it followeth , that it is lawfull for them thereby to do such correction . and consequently it followeth that the truth is thus to be proved . the consequence is evident ; and the antecedent is proved by isidore 23. quest . 5. principes , where it is thus written ; there should be no secular powers within the church , but only for this purpose , that whatsoever thing the priests or ministers cannot bring to passe by preachings or teachings , the secular powers may command the same by the terrour and fear of discipline . for oftentimes the heavenly kingdom is profited and bolden by the earthly kingdom : that they which are in the church , and do any thing contrary unto faith and discipline , by the rigour of the princes may be troden down , and that the power of the rulers may lay that discipline upon the necks of the proud and stif-necked , which the utility and profit of the church cannot exercise or use . item , all things that by power ought to work or bring to any perfect end by the reasonable measuring of the mean thereto , may lawfully use by power the substraction or taking away of the excesse , and the addition of the want of the means , according as shall be convenient or meet for the measure to be made . for so much then as the secular lords ought by their power to provide for the necessary sustentation of the christian clergy , by the reasonable measuring of their temporalities , which they are bound to bestow upon the christian clergy , it followeth that they may lawfully by their power use the taking away or putting unto of those temporalities according as shall be convenient for the performance of that reasonable matter . item , it is lawfull for the clergy , by their power to take away the sacraments of the church from the laity customably offending , for so much as it doth pertain to the office of the christian ministers by their power to minister the same unto the lay people . wherefore , for so much as it doth pertain unto the office of the laity , according unto their power to minister , and give temporalities to the clergy of christ , as the apostle saith , 1 cor. 9. it followeth , that it is also lawfull for them by their power to take away the temporalities from the clergy , when they do customably sin and offend . item , by like power may he which giveth a stipend or exhibition , withdraw and take away the same from the unworthy labourers , as he hath power to give the same unto the worthy labourers : for so much then as temporalities of the clergy , are the stipends of the laity ; it followeth that the lay people may by as good authority take away again the same from the clergy , which will not worthily labour , as they might by their power bestow the same upon those which would worthily labour , according to the saying of the gospel , mat. 21. the kingdom shall be taken away from you , and given unto a people which shall bring forth the fruits thereof . item , it is also lawfull for the secular lords , by their power , to chastise and punish the lay people when they do offend , by taking away of their temporalities according to the exigent of their offence , for so much as the lay people are subject under the dominion of the secular lords , as appeareth , romans 13. and many other places , it is evident that it is lawfull by their power to punish the clergy , by taking away of their temporalities , if their offence do so deserve . item , the true and easie direction of the clergy unto the life of * christ and the apostles , and most profitable unto the laity , that the clergy should not live contrary unto christs institution , seemeth to be the taking away of their almes , and those things which they had bestowed upon them . and it is thus proved : that medicine is most apt to be laid unto the sore , whereby the infirmity might soonest be holpen , and were most agreeable unto the patients : such is the taking away of the temporalities : ergo , this article is true . the minor is thus proved , for so much as by the abundance of temporalities , the worm or serpent of pride is sprung up , whereupon unsatiable desire and lust is inflamed , and therefrom proceedeth all kind of gluttony and leachery . it is evident in this point , for so much as the temporalities being once taken away , every one of those sins is either utterly taken away , or at the least diminished , by the contrary vertue induced and brought in● it seemeth also most pertinent unto the laity , for so much as they ought not to lay violent hands upon their ministers , or to abject the priestly dignity , * neither to judge any of the clergy in their open courts . it seemeth also by the law of conscience to pertain unto the lay people , for so much as every man , which worketh any work of mercy , ought deli●ently to have respect unto the ability of them that he bestoweth his almes upon , lest that by nourishing or helping loyterers , he be made partaker of his offence . whereupon , if priests do not minister of their temporalities , as hostiensis teacheth in his 3d. book of their tither , first-fruits and oblations , the people ought to take away the almes of their tithes from them . item , it is confirmed by the last chapter of the sevententh question , out of the decree of rents appropriate unto the church , quicunque . whereas the case is put thus , that a certain man having no children , neither hoping to have any , gave all his goods unto the church , reserving unto himself the only use and profits thereof : it happened afterward that he had children , and the bishop restored again his goods unto him not hoping for it . the bishop had it in his power , whether to render again , or no , those things which were given him ; but that was by the law of man , and not by the law of conscience . if then by the decree of the holy doctor st. augustine , in his sermon of the life of the clergy , aurelius the bishop of carthage had no power by gods law to withhold that which is bestowed upon the church for the necessity of children ; by the which law , the wanton , proud , and unstable clergy , being more then sufficiently possessed and enriched , do detain and keep back the temporalities to the detriment and hurt of their own state , and of the whole militant church , the secular patrons being thereby so impoverished , that they are compelled by penury to rob and steal , to oppresse their tenants , to spoil and undo others , and oftentimes by very necessity are driven to beggery . item , suppose that a priest and minister , how grievously soever he do offend , by what kind or sign of offence soever it be , as it was in the case of bishop iudas iscarioth : of the religious monk sergius , of pope leo the heretick , and many other priests , of whom the scripture and chronicles make mention , and daily experience doth teach us the same : it is evident that , as it is supposed , the priests in the kingdom of boheme grievously offending , , it is the kings , part , for so much as he is supreme head next under god , and lord of the kingdom of boheme , to correct and punish those priests . and for so much as the gentlest correction and punishment of such as be indurate in their malice , is , the taking away of their temporal goods , it followeth , that it is lawfull for the king to take away temporalities . wherefore it should seem very marvellous and strange , if that priests riding about should spoil virgins , violently corrupt and defile honest matrons ; if in such case it were not lawfull for them to take away their armours , weapons , horses , guns and swords from them . the like reason were it also , if they had unlawfully conspired the death of the king , or that they would betray the king unto his enemies . item , whatsoever any of the clergy doth require or desire of the secular power , according unto the law and ordinance of christ , the secular power ought to perform and grant the same . but the clergy being letted by riches , ought to require help of the secular power for the dispensation of the said riches . ergo , the secular power ought in such case , by the law of christ , to take upon them the office or duty of getting , keeping , and distributing all such manner of riches . the minor is hereby proved , that no man ought to have riches , but to that end , that they be helps , preferring and helping unto the office which is appointed of god. therefore in case that secular possessions do hinder the clergy from their duty , the secular power ought to take it away , for so did the apostles , acts 6. saying , it is not lawfull for us to leave the word of god untaught , and to minister unto tables . it is confirmed , every good christian is bound to be helpfull to his neighbour in those things , especially which do concern the publick good : but it will be a great help to a clergy man to be deprived of his temporal possessions , it being granted , they do * retard him from his duty due unto god ; therefore the person more sufficient is bound in such a case by the law of christ , to deprive him of temporal possessions ; but kings and lords temporal are the most sufficient for this , being truly said to be lords and possessors of temporal estates : and undoubtedly this would especially concern the publick good , to make such a de-generation of temporals , which in their nature are but a burden to a clergy man , retarding him in his spiritual duties , and so many thorns ( as our saviour speaks it in the 8. of st. luke ) choaking the word of god. moreover , kings and secular princes are the chief or capital lords of goods temporal , having a care over the church , and a special power for the inferring of such a coaction , as it is manifest 2● . quest . 5. principes , where by the authority of isiodore 30. etymol . 53. it is thus written : let secular princes know , that they must render an account to god for the church which they are to maintain for christ. and in the same question it followeth , it is proper to kings to execute iustice , and righteousnesse , and to deliver from the hand of the gain sayers and slanderers , those who are orpressed by force , and to assist the stranger , orphan , and widow , who more easily are oppressed by the powerfull . and in the same question it followeth , the king ought to prohibit thesis , punish adulteries , destroy the wic●ed from the earth , not suffer paricide and perjured persons to live , nor their own sons to live wickedly . and by declaring where a bishop abuseth the goods of the church , blessed gregory writes thus , as it is recited in the decretals , 16. quest . 7. decret . where having taught , that the goods of the church are common , he subjoyneth , we have received a bad report that some bishops confer not the tithes belonging to their diocesse , and the oblations of charitable christians on the priests , or ●oor , but on lay persons , viz. souldiers , or their own servants , or , which is worse , on * their kindred ; if therefore any bishop shall be found to be a transgressor of this precept , he is to be ranked amongst the greatest hereticks , and anti-christs . and as the nycen council censured of persons guilty of simony , both the bishop who giveth , and the lay men who receive , are without ransome , price , or benefit to be condemned to the punishment of everlasting fire . therefore what faithfull king , prince or lord would not resist such contagious persons who infect their own mother . whence 3. quest . 2. si episcopus , the canon speaketh in these words , if a bishop by his ill life shall wast the goods of the church , he is to be removed from his patrimony untill full knowledge be had of the dilapidation he hath made , after the example of tutors and curats , who being suspected are removed from their cure or tutelage , untill a more full knowledge he had of the suspected person . but the doctors say , that the dilapidation ought first to be proved , which being done , an assistant ought to be given to him to the end of the trial , but the correction would then be taken from the secular prince ; it seemeth therefore the correction of the prelate being wanting ; it belongeth to the king to dispose of his goods according to the civil law. every member of the church ought to help one another , but temporal lords are members of the church with priests beneficed . but the case so may be that the chiefest help they can afford them , is to deprive them of their temporal goods , therefore in such a case they ought to do it . and the power or the sword of which the apostle maketh mention rom. 13 being sufficient for this ; and by consequent it being superfluous to appoint another , it seems they have a power whether some case doth extend it self to the correction of the clergy . for if i ought to help even the beast of my enemy being out of the way , or lying down , exod. 21. how much more in the new testament , having the opportunity and power so to do , ought i to free from the jaws of the devil , the soul of my curate insnared with the mammon of inquity . there being a power of fact , and a power of right ; it is granted , that the king de facto may take away the temporals from a clergy-man , being a delinquent ; and it is granted withall , that the taking away of the said goods may be an occasion to that ecclesiastick person , for the abandoning of all wordly affairs , and devoting himself more peculiarly to the worship of god. this case will not be denyed by any faithfull christian , not over-blinded with the dross of temporal things . for as st. augustin saith , it is expedient for many to fall into manifest sins , that knowing their own frailty they may live more humbly , and by grieving for their sins , they may be more cautious how they sin again . it is therefore much more expedient that many be poor , and to be without the civil dominion . the case admitted , it is manifest , that the king doth a good work in the general ; now every such work may be well done ; therefore he may well take away the goods from an ecclesiastical person : for if the greater part of evil works may in the generality of them be well done , much more may every good work in the generality of it ; for it is not repugnant to grace or almes that this good work proceedeth from it : neither is it to be doubted , but that god in such a case doth give a power to the king , which he eternally ordaineth to the performance of his pleasure . it being granted then that the king , and the said ecclesiastick may reign together in heaven , there would be both notice and joy for the taking away of such a temporal estate , although by our childish blindness it appeareth to men of a grosse understanding to be disadvantageous . again , if this be an error , that temporal lords may at their pleasure take away temporal things from ecclesiastical persons , being habitually delinquent ; then it is false also against the true way of the church , and so heresie , because that all truth is in the holy scripture , as saint augustine often affirmeth ; and by consequent , since this way should be a falshood , it followeth that it would be contrary to the holy scripture . and certain it is , that it is pertinaciously and strongly defended , because kings and princes believe that it pertaineth to their soveraignty to have this powers ; for grant the contrary , it will follow , that ecclesiastical persons , seeing they are great trangressors , may destroy both kingdoms and their people , to prevent which it may be lawfull for the king to resist the clergy , or to impugn his charity , by the ablation of his proper almes , and those temporal goods , which are the fire exciting hereunto . now the king could not lawfully punish the bodies of such traytors , if he could not lawfully take from them , and alienate their temporal estates , over which he hath a special dominion . and since this power is the chiefest royalty of the king , it would be the same thing to infringe this power , and subtilly to overthrow the government of the kingdom . again , seeing many kings , and nobles being catholicks have oftentimes exercised that power ; it were the same , according to such a form , to assert the assumption , and afterwards to condemn the lives and souls of those hereticks , which the heirs of kings , and especially their sons have stoutly opposed ; for thus , according to the priests and pharises accusing christ of heresie , they would impose a manifest error , and heresie on the king , of whom they have so great a temporal assistance : but god when he pleaseth will move the heart of the king , to overthrow their madness . again , ecclesiastical persons are either the chief lords of those revenues , and temporal estates which the king hath given to them , or they are not ; if they are , it truly followeth , that for the greatest part those ecclesiastical men are the chief lords of our kingdoms ; and so , as to their temporals , not subject to the king , which it seemeth they themselves do conceive . the first consequence is manifest by this , because the clergy-men of our kingdom have the fourth , or third part of the revenues of it . and from hence it is , that they will not be called presbyters , but lord prelates , l. praepositors , l. canonicals , l. prebends , l. presbyters . and if any man shall call them presbyters , they are presently angry , as if you had called them common-cryers , or tormentors . but if the clergy-men , are not the chief lords of those revenues , and temporal estates which the king hath given them , as holy men are of opinion , who say , that ecclesiastical persons are not lords , but attornies or procurers only for poor men ; it then followeth , that the king is the soveraign lord of their goods and estates , and by consequent , can take them away from those ecclesiastical persons , who are delinquents , and bestow them on the poor of christ. and from hence it is the canon affirmeth , that in the time of necessity , to provide for the poors relief the goods of the church may be sold by the priests , 12. quest . 2. cap. sicut ecclesiast . parag. secundo . on which st. ambrose limiteth the cases in which they may break and sell the vessels consecrated to the church , as it is manifest , dist. 96. whatsoever in gold , pearls or iewels , or in silver , or in vestments shall appear to be less usefull , which cannot long be kept , or continue for the service of the church , let them be sold according to their full value , and the profit thereof be given to the poor . saint ambrose doth insist also at large upon this particular in his fifth book of offices . again , many kings have oftentimes wholly taken away the temporal estate from the clergy , as it is manifest by the destruction of the templers , and many other private ablations ; but they never did , or could do so lawfully , as is manifest by the * adversaries . therefore in this they did that which lawfully they could not do . and moreover , in this they did that which they could not do meritoriously , or according to the law of god. and seeing that every work of man proceeding from deliberation is either lawfull , or unlawfull , meritorious , or demeritorious , it followeth that they did it unlawfully or demeritoriously ; and it followeth moreover , that inso doing they fell into a dangerous error , and as destructive to the soul as to the body : and that this error is directly contrary to the catholick truth , it doth appear by a threefold consideration . first , that kings by so doing did that which neither was nor could be lawfull . secondly , because they took away the goods of other men against a commandement of the second table . and thirdly , because they did it not in almes , which is against the catholick truth , let all things what you do be done in almes . all the antecedent is granted by the adversaries ; and this error being in fact , i● kings pertinaciously shall defend it , resolving by their power ( as if a lawfull one ) to take away from ecclesiastical persons , though delinquents , their temporal goods , they are in a heresie . from which it further followeth , that kings persisting in so doing are hereticks ; and if they shall defend what they have done unto death , it followeth that they are hereticks , and damned ; and from this again , it farther followeth , that clergy-men benesiced who do believe what here is said , should not pray for the said kings deceased . again , the emperour or a king , not only oughteth , but it becommeth him so to indow the church , that he may lawfully take from it his gifts of almes , in case that the abuse thereof doth tend to the detriment of his kingdom , and the hinderance of the preaching of the gospel . suppose therefore , that under such a condition he hath endowed such a church , it may thereupon be thus argued . if according unto that form the emperour or the king had endowed the church of prague , he might lawfully in the case of the detriment of his kingdom , or in the contempt of his own person , or in the case of the not preaching of the gospel , take away his gifts of almes . but the emperour or the king could under such a condition have endowed the church of prague ; therefore for the contempt of the clergy he could lawfully take away the said gifts of almes he had given . the condition therefore being lawfull and honest , and the custom both of the king and kingdom , do show that condition in facto to be added . it seemeth to be too presumptuous an assertion , that our princes cannot take from them their gifts of alms , be the faults they have commited never so enormous ; yea when it was properly in their power to adde such a condition . and again , when as those who received those gifts of almes could commit never so grievous offences , as already i have said . it is manifest , that our princes have a simple and an absolute power to withdraw their gifts of almes , a possible danger being imminent , and by the same rule it followeth , that on the like po●sible emergencies they may do it for the time to come . again , the king of bohemia , or the emperour indowing his church , neither ought , or 〈◊〉 it to the weakning , or the worsting of his kingdom . for all power is from god , which cannot give any power to this end . but suppose it so should come to pass , that a king or the emperour had absolutely indowed a church without such a condition to be understood , yet such a condition ought to be understood ; and by consequent , when such a condition of the clergy doth fall out , the king by taking the temporals from them into his own hands doth do no injury to the clergy , the condition being dissolved and made null by his or their defect . the minor of the argument is thus proved , if all those goods with which our church is indued did immediately and directly so pertain to the pope , that the king had no interest neither in the possessions nor the persons , the fourth part of the kingdom and more being devolved to a mortmayn , it would follow , that our king is not king of all bohemia , more than the fourth part thereof being fallen into a mortmayn for the clergy ; and the possessions of the clergy every day increasing ; and the possessions of the barons , knights , and other seculars every day decreasing , it may easily come to pass , that the whole possession of the kingdom of bohemia , may be devolved to the clergy , as it hath come to passe in the rhene . if this comes to pass , the dominion of our king , and of the barons will be extinguished , and by consequence all soveraignty ; for it is not lawfull for the king ( as the clergy do affirm ) to interpose in matters concerning themselves , or their possession , be their offences never so haynous ; neither is it lawfull for the king to meddle with their temporals , how great soever the abuse doth tend to the indangering of the kingdom , because ( they say ) they are exempted from all kingly jurisdiction , both in body and in goods , and immediately subject to the pope , and thereupon committing insolencies in the kingdom , they will not be corrected by the king , but are like good or evil angels , not subject to the king in his own kingdom . again , according to the decrees of gregorie , 2. quaest . 3. he ought altogether to lose his privilege , who abuseth the power that is committed to him ; but every clergy-man abusing the kings gifts of almes , doth abuse the power committed to him ; that indowment therefore being a privilege , it directly followeth , that he ought altogether to lose it . and to whom , but to the king who did impriviledge him ? for it is his priviledge to interpret , and to defend , or take away , whose priviledge it is to make . it is confirmed by that of matthew , chap. 23. to every one that hath it shall be given , and he shall abound : and to him that hath not , even that shall be taken which he hath . when the king is obliged so to abound by the title of his justice , it seemeth that the ablation , or the taking away from him whom he hath indowed with church gifts , ought to proceed from the king himselfe ; it being supposed it may so come to pass , that he may seem to have those gifts of almes which he hath not . it is confirmed also by the law and due of these spiritual gifts of almes ; for the king is bound by the laws of god and of his kingdom to preserve justice , for the safety of his liege-people . but the chief work of such a mercy which belongeth to a king is a coactive castigation , to continue such works of almes which he ought to see performed . the clergy-men therefore who take the greatest offence at the taking away of temporals , do yet challenge , that the seculars do defend the gifts of their progenitors remaining in their strength ; which cannot be , unlesse the church hath the profit from such gifts of almes , in such a manner , that being put together it may remain upon the account of priviledge , or of free gifts of almes , which is extinguished when the said clergy-men do abuse their gifts , according to the decrees of gregory alledged in the foregoing confirmation . if therefore the temporal lords ( as the clergy-men who enjoy these gifts of alms do challenge ) are bound to continue the charitable donations of their fathers , whose heirs they are ; they are then bound to conform themselves to that which followeth ; for otherwise they would be obliged to contradictories against the possibility of the divine law , viz. both to continue the said gifts of almes , and to defend their abuses in the several species of them ; according to which sense , they do want the form and the very essence of a spiritual gift of alms. therefore when kings and secular lords are bound to continue the almes of their progenitors in the perpetuity of them , they are obliged also by the law of spiritual almes to chastise their liege-people abusing them . they are obliged also by that obligation , to do justice to their subjects , and to extinguish those injuries which most dangerously tend to the ruine of their subjects . it is manifest , that in some case they are bound to restore their goods to the holy church , and to take them away from the despisers of god and his kingdom ; for this was the condition of the first and antient donation . therefore if our king have not the power over these his peers to correct the abuse of almes in his clergy , he hath not the power of governing politickly over all his kingdom ; but yet if we do well attend to the holy scripture , we shall know what is spoken of the priviledge of the king , to wit , that he hath a coercive power over the clergy ; and the clergy have a priviledge also , that they have such a one set over them , to whom deservedly they may submit themselves . again , kings and princes , and all lords temporal are bound to a brotherly correction , some circumstances concurring , which require such a correction . but it may well come to pass , that a clergy-man may transgresse with such a circumstance , that a brotherly correction of him may be most needfull and effectual , by merely taking away from him those temporals which he abuseth . ; therefore it may so come to pass , the temporal lords by the law of christ are bound unto it ; neither doth it any thing avayl to say , that the dispens●cion of the pope , or any priviledge , or exemption doth exclude it ; for god forbid , that a catholick should affirm , that it is lawfull for christs vicar to do that by his traditions , which may hinder , or derogate from the practick law of christ , and impede catholick lords from an effectual , and a profitable correction of the church ; for it is not lawfull for a man so to exempt any , as if he shall fall into a sin , it shall not be in his power to correct him . upon this account it is , that st. bernard in his third book to pope eugenius , calls a dispensation which is not for the publick good , a dissipation ; and hereupon he hath these words , what ? do you forbid to dispence ? no , but to dissipate ; i am not so silly as to be ignorant that you are made dispencers but to edification , not to destruction . amongst dispensators , or dispensers it is required , that a man be found faithfull : when necessity urgeth , a dispensation is excusable ; when profit inviteth it , the dispensation is laudible ; but this profit must be publick , and common , and not private and particular ; for where neither of these two are , it is not a faithfull dispensation , but a cruel dissipation . from the words of this saint it is manifest , that priviledging or exempting is not a faithfull dispensation , but a cruel dissipation . if clergy-men be exempted , let their sin be never so enormous to from being corrected by any but the pope only . for what is the profit of the church , that clergy-men should be wanton and rampant as bulls , and like untamed horses , neigh unto their neighbours wives ; unless in such grievous exorbitancies , some yoak , or curb be imposed upon them by the princes . for priviledging , dispensation , or exemption , ought not to be an authority to them for the committing of sin ; for st. augustin in his fourth book , intituled authority , quaest. 23. saith , that he who sinneth , sinneth not by the authority , but against the authority of the law. again , the addition of temporal goods is commonly not so near to the last necessity of salvation by corporal punishment , as the taking away of the abuse is near to the last necessity of the perpetual salvation both of soul and body ; as it is a work of greater mercy to take away a sword from a mad-man that would kill himself , than to give a sword to a persecuted man to defend himself from one that doth endeavour to kill him ; for it is worse for a man to be killed by himself than by another ; for the first is damnable , the second just , or meritorious . and to this sence is that of saint augustin 5. quaest. 5. not every one who spareth is a friend , nor every one who scourgeth is an enemy ; for the wounds of a friends are better than the fraudulent kisses of an enemy ; it is better to love with security , than to deceive with lenity . and to the same purpose is that which followeth , it is safer to take bread from a hungry man , if having abundance of bread he neglecteth iustice ; than to give bread to a hungry person , that being seduced he may acquiesce in injustice . and again , he who binds a mad-man , and he who awakens and rouzeth up a lethargick-man is a friend to them both , although he is troublesom to them . thus for saint augustine , by whose example , if lords temporal are bound to give charitable gifts to the clergy , that they may be the better incouraged to the performance of their duties , they are also bound by the same law of almes to take away the said gifts from those that do abuse them , least by suffering the abuse , they destroy their own souls . and hence it is , that amongst all the sins to which the superiours of our kingdom of bohemia are most obnoxious , the greatest are blind zeal , false mercy , and a consentanious , omission , either by negligence , or which is above all most horrible , when mony i received , for giving consent unto a crime , and the enemy of christ is unjustly defended by the almes given to the clergy ; whereupon st. augustine in his 3. epist. to macedonia writeth , we more mercifully do draw back than give to such persons ; for he doth him no good , who helpeth a man , but rather doth pervert him and oppresse him ; whereupon it is to be admired , why a clergy-man who hath a thorn in his foot , will suffer a lay-man to pull it out , that he might walk the better , and will not suffer him when riches do choak his affections to take them away from him , that so walking uprightly in the footsteps of christ , he might save his soul , unless peradventure he would show thereby , that he loveth the soal of his foot better than he doth his soul : for if he loved his soul better , he would then with joy sustain the plunder of his temporals ; for so those christians did to whom the apostle writeth , heb. 10. you took joyfully the spoyling of your goods , knowing in your selves , that you have in heaven , a more enduring substance . and since our saviour having no fault in himself , did humbly and willingly endure the losse of his garments , and a most bitter and ignominious death ; the example of our saviour , and the consciousness of his own guilt should move every clergy-man even patiently to endure the taking away of his goods . but if a clergy man doth so grievously murmur against the taking away of the mammon of iniquity , how would he endure reproach , and blows , and spittle , and martyrdom , and death it self for the name of christ ? such a clergy-man never thinketh of that in st. ambrose , concerning the contempt of the world ; in which he hath these words , o most wretched man ! with what a fraud art thou circumvented ? with what a grief art thou deceived ? with what a snare art thou captivated ? who fearest that thy wordly possessions should be taken from thee , and hast no fear in the mean time of losing of that most excellent creature , thy own soul ? again , god permitteth ecclesiastical persons , so exorbitantly to offend , that they may deserve to be plundered of their possessions , neither doth he cause the plundering of them , but by setting temporal lords on work to see such an execution thorowly performed . this article therefore is true . but peradventure it will be objected , that by the addition of this particle that it is in their lawfull power so to do , according to their own arbitration , the whole strength of the instance above-mentioned is taken away . nevertheless , according to the five rules of logick , and metaphysicks it is manifest , and plainly consequent , that if the king and temporal lords cannot do so according to their own arbitrement , it must be so , because that arbitrement is either a power judicial , or a judicial act of the same power ; and grant what may be granted : if the temporal lords could not act so according to that power , or such an act , it would follow , that they have no power to act any thing at all . for if they ought to expect the arbitration of the bishop of rome , or of the archbishops , and all the clergy of this kingdom , the chief power would reside in the clerks only , and the great prelates , and bishops of the kingdom ; and so our king should not be king of bohemia , neither any of the peers of the land , or lords temporal should have any visible power , which must wholly and necessarily be reduced to the clergy , and by consequence the clergy it self should be secularly over the king ; which is directly against the law of christ , luke 22. where our saviour saith , that the kings of the gentiles do exercise lordship over them , and they that exercise authority upon them are called benefactors . but you shall not be so . on which place saint bernard , writing to the pope eugenius , saith , that lordship was forbidden the apostles . again , as ecclesiastical persons do joyfully receive prayers from kings and dukes , for their good works : so by the same account when they do offend , they obediently ought to receive punishment from them for their evil work . the consequence holds , for punishment for sin , being humbly & patiently received , is more profitable to a man , than prayse for a good work . whereupon st. gregory writeth to mauritius the emperour that did persecute him , i do believe that by so much the more you do please almighty god , by how much the more you do punish me that am an evil servant to him . if therefore the pope without offence did so humbly receive punishment from the emperour , why should not an inferiour clergy-man be as patient , who justly , nay peradventure , who grievously offendeth ? why should not , he i say , receive patiently punishment from him who is his king , or prince , or duke , and to whom he is subjected ? saint peter , the imediate vicar of christ , saith in his first epistle and second chapter , submit your self to every creature for the lords sake , whether it be to the king as supream ; or unto governours , as unto those who are sent by him , for the punishment of evil doers , and for the praise of them that do well , for so is the will of god. in order to this rule pope leo did subject himself to ludovicus the emperor , as it is written , 2 quaest. 7. in these words , if we have done any thing incompetently , and have not to your subjects observed the true rule of the law , we are ready to amend and correct all things according to yours , and your counsels judgement ; for if we who ought to correct the sins of other men do commit greater offences our selves , certainly we are not the disciples of christ , but as with grief we speak it , we shall be above all others the masters of errour ; and in his tenth distinction writing to the emperour of obedience , he hath these words , as for the most faithfull , and irrefragable keeping and observing of the imperial orders and precepts , and of the bishops our predecessors , ( glosse , that is of the emperours who are anointed after the manner of bishops ) we professe , that both now , and alwaies , to the uttermost of our power , by the grace of god we will be most carefull ; and if per adventure any other man either hath or shall inform you otherwise , be assured for certain that he is a lyar. behold how that holy and devout pope , calling even emperours by the name of bishops , according to the rule of the apostle saint peter , did submit himself , as well to obedience as to punishment . why therefore should not a clergy-man of the kingdom of bohemia submit himself for the lords sake to the king in obedience ? and if he hath offended in punishment also ; and not only to the king , but unto dukes ; and not to dukes only , but also to every humane creature ? for by how much the more he humbleth himself in this world for god , by so much he shall be the more exalted by god in the world to come ; and what binders that this should be done , but pride only ? by which antichrist doth extoll himself above our most humble lord and master iesus christ. also the foresaid opinion concerning the ablation of temporalties , seemeth to be manifest out of the prophecy of hildegardis the virgin , which she puts down in her books under eugenius the pope in the counsel of treverse , approved and allowed by many bishops of france , italy , and almaine , which were there present , whereas also saint bernard himself was present ; the which virgin prophecying spake in this manner , the kings and other rulers of the world , being stirred up by the just judgement of god , shall set themselves against them , and run upon them , saying , we will not have these men to reign over us with their rich houses and great possessions , and other worldly riches , over the which we are ordain'd to be lords and rulers ; and how is it meet or comely , that those shavelings with their tooles and chisils should have more souldiers , or more or richer armour or artillery than we ? so is it not convenient , that one of the clergy should be a man of war , neither a souldier to be one of the clergy . wherefore let us take away from them that which they do not justly , but wrongfully possess . and immediatly after she saith , the omnipotent father equally divideth all things , that is to say , the heavens he gave unto the heavenly creatures , and the earth unto the earthly . and by this means was there a just division made between the children of men , that the spirituality should have such things as belong unto them , and the secular people such things as are meet and necessary for them , so that neither of these two sorts do oppresse each other by violence ; for god doth not command , that the one son or child should have both the cloak and the coat , and the other should go naked : but he willed , that the one should have the cloak , and the other the coat . wherefore the secular sort ought to have the cloak for the greatnesse of their worldly cares , and for their children , which daylie increase and multiply . the coat he giveth unto the spiritualitie , that they should not lack clothing , and that they should not possess more than necessity doth require . wherefore we judge and think it good , that all these aforesaid be divided by reason and equity . and whereas the cloak and the coat are both found , there the cloak should be taken away , and given unto the needy , that they do not perish for lack or want . these aforesaid spake the virgin hildegardis , plainly foreshowing the taking away of the temporalities from the clergy by the secular lords , and shewing for what cause they shall be so taken away . and what manner of division shall be made of those things that are taken away , that they be not consumed , and spent unprofitably . this blessed hildegardis , whose prophecie this , flourished about the year of our lord 1046. as it is written in martins chronicles . also hugo in his second book of sacraments , in the second part , third chapter and 7. saith , the laity forasmuch as they intermeddle with earthly matters necessary unto an earthly life , they are the left part of the body of christ. and the clergy , for so much as they do dispose those things which do pertain unto a spiritual life , are as it were the right side of the body of christ. and afterward interpreting both these parts himself , he saith , a spiritual man ought to have nothing but such as pertaineth unto god , unto whom it is appointed to be sustained by the tithes and oblations which are offered unto god : but unto the christian and faithfull laity the possession of the earth is granted ; and unto the clergy the whole charge of spiritual matters is commited , as it was in the old testament . and in his seventh chapter he declareth , how that certain things are given unto the church of christ by the devotion of the faithfull , the power and authority of the secular power reserved , lest there might happen any confusion ; forsomuch as god himself cannot allow any disordered thing . whereupon oftentimes the worldly princes do grant the bare use of the church , and oftentimes use and power to exercise justice ; which the clergy cannot exercise by any ecclesiastical minister , or any other person of the clergy , notwithstanding they may have certain lay-persons ministers unto that office . but in such sort , saith he , that they do acknowledge the power which they have to come from the secular prince or ruler , and that they do understand th●ir possessions can never be alienate away from the kings power ; but ( if that necessity or reason do require ) the same possessions in all such case of necessity do owe him obeysance and service . for like as the kings power ought not to turn away the defence or safegard which he oweth unto other : so likewise the possessions obtained and possessed by the clergy , according to the duty and homage which is due unto the patronage of the kings power , cannot by right be denyed . thus much writes hugo , with whom iohn hus concludes his disputation . mat. 5. 39 , 40. but i say unto you , that you resist not evil ; and if any man will sue thee at the law , and take away thy coat , let him have thy cloak also . phil 3. 8 , 17 , 18 , 19 , 20. yea doubtless , i count all things but l●sse , for the excellency of the knowledge of christ iesus my lord , for whom i have suffered the losse of all things , and do count them but dung , that i may win christ. brethren be followers together of me , and mark them which walk so , as ye have us for an example . for many walk of whom i have told you often , and now tell you weeping , that they are the enemies of the cross of christ ; whose end is destruction , whose god is their belly , whose glory is their shame ; who mind earthly things . but our conversation is in heaven . col. 3. 1 , 2 , &c. if ye then be risen with christ , seek those things which are above , where christ sits at the right hand of god. set your affection on things above , not on things on the earth ; for ye are dead , and your life is hid with christ in god. mortifie therefore your members which are upon the earth , inordinate affection , evil concupiscence , and covetousness , which is idolatry ; for which things sake the wrath of god cometh upon the children of disobedience . a supplemental appendix to the premised disputation of john hus , irrefragibly evidencing the supream iurisdiction of our kings , lords , and parliaments , not only over the persons , liberties , lives of our archbishops , bishops , abbots , priors , church-men , in cases of high treason , rebellion , disobedience , contumacy and disloyalty ; but likewise over their temporal lands and estates , to seise and confiscate them without sacriledge or injustice . having presented the readers with the memorable disputation of this famous learned bohemian marty iohn hus , in justification of our english apostle , and prime assertor of the reformed religion , we now profess , whose doctrine spread it self into (a) bohemia , germany , and other parts , to the subversion of the popes and prelates usurped authority over kings , & popery by degrees . it will not be unseasonable , by way of appendix , to subjoyn some memorable domestick evidences & presidents in all ages , to justifie their opinions in point of practise : not with the least intention to deprive the faithfull , painfull ministers and preachers of the gospel , or any true evangelical bishops of the antient glebes , tithes , dues belonging to their respective parochial churches , or of that liberal competent maintenance , or (b) double honor which belongs unto them by a divine right , and common natural justice , for their labour in the work of the ministry , which i have (c) publickly and largely asserted : but only to vindicate the just prerogative of our kings , and jurisdiction of the temporal lords and commons in parliament , over the persons , and superfluous large temporal mannors , lands and possessions of delinquent archbishops , bishops , abbots , priors , deans , chapters , monks , and other religious persons , which are not of divine or apostolical , but mere humane institution , and not absolutely necessary to the being of the church of christ , as true evangelical bishops and ministers are , whose principle office and duty is frequently to preach the gospel , and administer the sacraments ; not to domineer over their people , or suspend them from the lords supper . mat. 28. 19. 20. mar. 16. 15. 1 cor. 5. 7 , 18 , 21 , c. 9. 14 , to 19. 2 tim. 4. 2 , 5. rom. 10. 19 , 20. 1 pet. 5. 2 , 3. to this end , i shall desire our archbps. bps. and other cathedralists to consider 1. that (d) gratian the canonist , (e) peter lombard the school-man , with most other canonists and scholmen in their glosses or commentaries on their texts ; (f) matthew parker archbishop of canterbury , mr. (g) iohn fox , (h) william harrison , (i) richard grafton , (k) iohn speed , and no lesse than thirty more of our antient historians and other authors , quoted by (l) archbishop vsher for this purpose , affirm , that the antient britains before their conversion to christianity had 28. flamines , and 3. archflamines in this our island , to whom the other priests were subject , having distinct cities , sees , diocesses , and temples wherein they resided and exercised their ecclesiastical jurisdictions ; that king lucius upon his conversion to christianity , about the year of our lord 175. by pope elutherius his direction , took away their sees , lands and temples from them , and placed 28. bishops , and 3. archbishops in their steads , turning their sees into archbishopricks and bishopricks , and their temples into cathedral churches . yea gratian himself distinctio 21. and the glossers on him resolve , that the distinction among priests , whence some are stiled priests simply , others archpriests , others choral bishops , others bishops , others archbishops or metropolitans , others primates , others chief priests (m) was principally introdvced by the gentils ( not the apostles or primitive christians ) who called their flamines , some simple flamines , others arch-flamines , others proto-flamines . if then these their hierarchical orders were originally derived from , & they succeeded the pagan flamines , arch-flamins , proto-flamins , in their sees , jurisdictions , temporalties , and cathedrals , which king lucius took from them without sacriledge or impietie ; then by the like reason and president our kings or temporal lords and commons in parliament may devest our peccant prelates of their sees , temporalties , cathedrals , & convert them to other uses for the publik ease and benefit of the kingdom , when they see just cause , being originally dedicated to these flamines , arch-flamines , proto-flamines , and their pagan gods. 2ly . that admit these former authors relations touching flamines , arch-flamines , and king lucius erecting bishops and arch-bishops in their sees , to be false and fabulous , as (n) bishop iewel , (o) bishop godwin , (p) bishop vsher , (q) doctor suteliffe , and (r) sir henry spelman repute them ; yet it is agreed by all , that the primitive evangelical bishops from our saviours time , had no temporal lands or possessions ; till the year of our lord 319. when the emperor constantine the great first endowed bishops and church-men with them , as (s) matthew westminster and others record , though his pretended donation of rome and other temporalties to popes & their successions , as st. peters patrimonie , be a mere forgery , as (t) laurentius vall● , (u) dr. crakinthor●e , and others quoted by them prove at large . now (x) iohannis pa●●siensis , (y) higden , (z) wickliffe , the lord (a) co●●am , purvey , (b) iohn frith , (c) nauclerus , (d) bishop iewel , (e) thomas beacon , and others relate , that when constantine endowed the bishops and church with temporal lands and possessions , the voyce of an angel was heard in the ayre , crying , hodie venenum infunditur in ecclesiam , this day is poyson powred into the church of god ; and from that time ( they observe ) because of the great riches and temporalties the church and bishops had , they were made the more secular , and had more worldly business , than spiritual devotion ; and more outward pomp and splendor , than inward holyness ; the daughter , riches which the church brought ●orth , devouring her mother . which if an experimental verity , as sundry of our own and foreign writers attest , ( as i have (g) elsewhere proved at large ; ) then it can be no sacriledge or impiety , but wholsom physick , for the king and temporal lords and commons in parliament for just causes , to take away this poyson from bishops , and cathedral churches , which hath so much poysoned , corrupted them ; and to reduce them to the condition of the primitive bishops , who by the decrees of the (h) 4th . councel of carthage , c. 14 : and the exceptions of ●g●●rt archbishop of york , anno 750. c. 26. were only to enjoy mean houshold-stuff , course food , and hospitiolvm , a little cottage near the church ; not a royal palace or lordly manors , which made them more proud , lordly , secular tyrannical , pompous , covetous , than any temporal lords , and to take precedence of them both in great councils , parliaments , and other publick assemblies , yea to intrude themselves into the greatest temporal offices , to the great neglect of their spiritual functions , they scorning to hold and follow the plough of christ , after they became lords and barons of the realm , (i) ( as bishop latymer proves at large in his 4th . sermon of the plough ) and forgetting these canons of the 4th . (k) council of carthage , c. 19 , 20. vt episcopus pro rebus transitoriis non litiget provocatus . vt episcopus nullam rei familiaris curam ad se revocet , sed lectioni et orationi , et ver●i dei praedicationi tantummodo vacet , as the primitive bishops did ; which would gain our present bishops more love , respect , reverence with god , and all good men , than all their lordly pomp , temporal lands or baronies , which in all ages have made bishops and cathedral-men more secular than spiritual , more proud , luxurious , covetous , vicious , than religious or vertuous , as gregory nazianzen , oratio 26. & 35. isiodor pelusiota , epist. l. 2. epist. 125. & l. 3. epist. 223. gregorius magnus , lib. pastoralis curae , part 2. c. 6. moralium in job , l. 24. c. 29 , 30. & homil. 17. in evangelia , gildas acris correptio c'eri britanniae , st. bernard sermo . 22 , 23 , 77. cantica . ad clerum in concilio rhemensi , de consideratione ad eugenium , l. 1 , 2 , 3 , 4. epist. 42. henrico senoniensium archiepiscopo , johannis sarisburiensis de nugis curialum , l. 8. c. 17 , 23. petrus blesensis , archdeacon of bath ; tractatus de constitutione episcopi , johanni wigorniensi episcopo & epistola 15 , 18 , 22 , 25 , 43 , 64. robertus holcot in lib. 5. sapientiae lect. 77. alexander frabricus destructorium vitiorum , pars 4. c. 8 , 14 , 21 , 22. pars 5. c. 2. pars 6. c. 2. 26 , 40. john wickliff dialogorum , l. 3. c. 14 , 17 , 23. alvarus pelagius de plancotu ecclesiae , l. 1. artic. 70. d. l. 2. artic. 1. to artic. 17. nicholaus de clemangis , de corrupto ecclesiae statu , c. 17 , 18 , 19. episcopus chemnensis ; onus ecclesiae , cap. 14 , to 27. joannes aventinus annal. boyorum . l. 5 , 6 , 7 , 8. albertus magnus in evangelium johannis , c. 10. picus mirandula , oratio ad leonem , 10. petrus de aliaco , de reformatione ecclesiae , abbas uspergensis paralip . p. 164. fasciculus rerum expetendarum , p. 173. ma●s●l . patavinus defensoris pacis , part 2. c. 11. theodoricus à niem . l. 3. c. 41 , 45. & l. 2. & nemore unionis , c. 19 guicciarden historiae ital. l. 6. st. brigets revelationes passim , petrus de vinels , epist. l. 1. c. 35. illi●icus catologus testium veritatis , (k) peirce plowman his complaint of the abuses of the world ; sir geofry chaucer in his ploughmans tale , (l) lucifer prince of darkness his letters to the prelates of england , written , as is supposed by william suinderby a martyr , dr. barnes his supplication ; his articles , p. 210 , to 216. and mr. william tyndal his obedience of a christian man , and practise of popish prelates , iohn bale , de vitis pontificum , centuriae scriptorum brit. and image of both churches on the apocalypse ; iohn frith a martyr , in his answer to mr. m●res preface ; roderick m●rs his supplication to king henry the 8th . and parliament , c. 23 , 24. another supplication to king henry the 8th . printed 1544. the image of a very christian bishop , and of a counterfeit bishop , printed cum privilegio regali under king henry the 8th . william wraghton his hunting and rescuing of the rhomish fox , dedicated to king henry the 8th . henry s●albridge his exhortatory epistle to his true country-men of england against the pompous popish bishop thereof , printed in h. the 8th . his reign at basil , martin bu●er regins professor of divinity in cambridge ; d● regno christi , dedicated to king edward the 6th . l. 2. c. 1 , 2 , 12. & de vi & usu sancti ministerii ; the image of both pastors , printed at london cum privilegio 1550. bishop hooper on the 8th . commandement , p. 78 , 79. bishop latymer his 4. sermon of the plough ; matthew parker ( or iocelin ) antiquitates ecclesiae brittannicae , p. 139 , to 144. thomas b●acon his reports of certain men , and in his supplication , vol. 3. bishop iewel in his sermon on haggai 1. p. 176. and on matthew 9. p. 198. ( all which the studious may (a) elsewhere peruse at leasure ) and sundry others joyntly attest . upon which consideration , not only wickliff and hus , but several of our martyrs , as (b) william suinderby , walter bruce , iohn purvey , sir iohn oldcastle lord cobham ; sir iohn borthick , justified the lawfullness and necessity of taking away the bishops abused temporalties which were such poyson to them . 3ly . that many of our kings by the laws and customs of the realm , and by vertue of their royal prerogative have kept our archbishops and bishops temporalties in their hands , and taken the profits of them as their demesn rents , keeping their sees when void by death , translation or resignation for sundry years together ; as * all the archbishops , bishops , abbots , priors , and great-men of the realm acknowledged , and ratified by their oaths in their famous recognition in the great council held at clarendon , anno domini 1164. which these presidents will abundantly evidence . in the year of grace 653. after the death of honorius archbishop of canterbury , that see continued void 18. months . anno 669. after adeodatus his death it remained void almost 4. years , anno 690. after theodorus his death it was kept void almost two years , and as long after t●twins decease , anno 734. after cuthberts death anno 758. it was vacant above one year . anno 7. 2. two years after bregwins death , anno 790. three years after lamberts death , anno 830. above one year after vvilfreds decease , anno 958. almost three years after odo his expiration , anno 1089. four years after lanfrankes departure , anno 1109. five years after anselmes death , anno 1136. two years after vvilliam corbel , a anno 1151. three years after richard vvethershed , anno 1242. two years after st. edmond , anno 1270. as long after boniface , anno 1502. two years after henry dean , an. 1558. one year after cardinal poole , anno 648. after paulinus the first archbishop of york , that see was kept vacant 20. ( some say 30. ) years , anno 1114. sundry years after thomas the second , anno 1140. almost two years after thurstan , anno 1151. ten years after rogers death , anno 1213. four years after geoffry , anno 1255. thirteen months after vvalter gray , anno 1303. after thomas de corbridge , above two years , anno 1315. two years after vvilliam de greenfield , anno 1240. two years after vvilliam de melton , anno 1405. two yearrs and an half after henry scroop , an arch-traytor beheaded for treason , anno 1423. two years after henry bluet , anno 1449. almost four years after iohn kemp , b anno 1464. two years after vvilliam booth , almost a full year both after cardinal vvolsie , and edward lee , anno 1559. after nicholas heath , two years , 1568. after thomas young , above one year . thus long have both our archbishopricks been kept void , and their temporalties held in our king , hands to their own use , by vertue of their prerogative royal , without any sacriledge , injustice , impiety , or any reall prejudice to church or state. [a] an. 619. after m●llitus bp. of london his translation to canterbury , that see continued void 32. years together , an. 664. 2 years , an. 1133.7 . years after gilbert , anno 1187. after gilbert foliot above two years , an. 1279. above one year after iohn de chishul , anno 1303. almost two years after richard de graneford , anno 1●01 . after thomas savage above two years . anno 1171. after the death of henry de bloyes , the bishoprick of vvinchester was kept void above 3. years , anno 1238. after peter de la roch five years , anno 1243. after vvilliam de rawley sixteen years , eth●lmarus by the kings donation holding it nine years without consecration , anno 1259. after henry de vvengham six years , anno 1493. after peter coventry above one year , anno 1500. after thomas langton two years , anno 1528. after richard fox two years , anno 1530. after cardinal vvoolsey almost 4. years , [b] anno 1131. after the death of hervetus first bishop of ily , that see was void above two years , anno 1169. after nigellus the second bishop five years , anno 1197. after vvilliam longchamp above one year , anno 1214. after eustachius above five years , anno 12. 6. after vvilliam de rilkenny above one year , anno 1297. after vvilliam de luda two years , anno 1373. after iohn barnet two years , anno 1434. after philip morgan three years , anno 1500. after iohn alcock one whole year , anno 1533. as long after nicholas vvest , anno 1581. after richard coxe almost twenty years together , [c] anno 1163. after the death of robert de chisney the fourth bishop of lincoln , that see continued vacant almost seventeen years , geoffry ( henry the second his base son ) taking the profits thereof without any consecration , by the kings concession , anno 1584. after vvalter de constantiis two years , anno 1200. after st. high almost three years , anno 1206. after vvilliam de breyos three years , anno 1●90 . after iohn russel two years , anno 1513. after vvill. smith one year , [d] anno 1085. the bishoprick of coventry and lichfield was kept vacant two years after the death of peter , and as long , an. 1127. after robert peach , as long , an. 1180. after guaccus p●●●n , as long , an. 1208. after g●●ffry de muschamp , an. 1238. almost 3. years after alexander de savenshy , an. 1243. after hugh pat●shull 2. years , an. 1386. as long after richard scroop , an. 1490. as long after iohn h●sse , [e] an. 1099. after osmond his death , the second bishop of salisbury , that see was 8. years kept vacant , an. 1225. after richard poore ● . years , an 1270. 4. years after vvalter de la vaile , an. 1588. 3. years after iohn pierce , 1596. 2. years after iohn co●●well , [f] an. 1166. the bishoprick of bath and vvels upon the death of robert continued void 8. years , 8. months , and 15. daies , an. 1242. after ioceline , 2. years , an. 1262. after vvilliam burton , an. 1503. as long ; after oliver king , an. 1547. as long ; after vvilliam knight , an. ●3●● . 3. years ; after gilbert barkely , an. 1590. 2. years after thomas godwin , [g] an. 1103. the bishoprick of exeter after . o●bertus decease was kept vacant 4. years , an. 1182. after bartholmeus iscanus , 2. years , an. 1119. after vvilliam herbert , the last bishop of thetford , his death , that see ( now norwich ) was kept vacant 2. years , 1214. after iohn de grey it was kept vacant 7. years , 1222. after pandulfus 3. years , an. 1236. after rodulphus almost 3. years , and as long after vvilliam de raleigh , an. 1240. after henry spencer , an. 1406. almost 2. years , [h] an. 1095. after the death of vvolstan bishop of vvorcester , that see was kept vacant 2. years , an. 1113. as long after sampson , an. 112● . almost as long after theulphus , and an. 1179. after rog●● , an. 1184. after vvilliam de northale 5. years , an. 119● . after iohn de constantiis two years , an. 1212. as long after maugere , an 1373. as long after vvilliam de lyn , an. 1417. as long after thomas pondrell , an. 1427. 7. years after thomas polton , an. 1590. 3. years after boniface brent , [i] an. 1056. the bishoprick of hereford , after leoneards death continued four years vacant , an ●127 . after richard above 4. years , an 1167. after robert de melim , above 6. years , an. 1539. after iohn skip above 13. years , an. 1585. after herbert west full 17. years , an. 1526. the bishoprick of chichester was void almost 4. years ; after iohn reempale his death , an. 1006 after richard fitz-iames 2. years , an. 1235. the bishoprick of [a] rochester after henry de sandfords death was kept vacant 3. years , an. 1277. 2. years after vvalter de merton , an. 1316. after thomas de vvaldham 3 years , an. 1401. as long after iohn baltisham , an. 1538. after iohn fisher two years , an. 1557. the new created bishoprick of oxford , after the decease of iohn king first bishop there , was kept vacant ten years ; an. 1568. after henry curwin the second bishop it was kept void twenty one years together , an. 1592. after iohn vnderhill the third bishop , it continued void 11. years , so little want was there of a bishop in that poor see , an. 1559. the new created bishoprick of gloucester ; after iames brooks the third bishop his death was kept vacant three years , an. 1578. as long after edmond cheyney , an. 1538. the new erected bishoprick of bristoll ; after paul bresh the first bishop was kept vacant four years , an. 1578. three years after richard cheyney , which see continued void otherwise than by commendam thirty one years together , an. 1593. it continued vacant ten years together . so little need was there of a bishop in this see , [b] an. 1397. the bishoprick of st. davids ; after iohn gilberts death , was vacant four years , an. 1592. after marmaduke middleton almost two years . an. 1133. the bishoprick of landaffe upon vrbans decease was kept void six years , an. 1183. after nicholas ap georgant five years , an. 1240. after elias de raynor above four years , an. 1287 , after vvilliam de brews nine years , an. 1213. the bishoprick of bangor after robert of shrewstury was kept vacant two years , an. 1374. as long after iohn gilbert , an. 1378. after iohn swassham twenty years , an. 1266. after amanus the first bishop of rangor , that see was vacant two years , an. 1313. after lew●lin six years , an. 1406 , after iohn trevour five years , an. 1439. after robert five years , [g] an. 1017. after aldbanus of durham , that see continued void above three years , an. 1096. as long after vvilliam carlapho , an. 1140. after geoffry rusus above five years , an. 1207. after philip of poytiers above ten years , an. 1226. above two years , the king threatning the covent that they should have no bishop in seven years , an. 1237. after richard p●ore two years , till ethelmate his half brother ( whom he commended to the monks election ) should be of age , an 1505. after william severus two years , an. 1587. after richard barnes almost two years , an. 1577. the bishoprick of chester was kept vacant two years . if then all our bishopricks in several ages ( to omit the long vacancies of later times ) have been thus kept void , 2,3,4,5 , 6,7,8,10,15,20 , & 30. years or more together at divers times ( to omit all annual vacancies ) without any prejudice to the church or state , and with very great benefit to the kings of england , who enjoyed the temporalties in the mean time ; then certainly diocaesan bishops are no such necessary creatures of divine institution in the church of christ as some esteem them , but that they may be spared , and their lands , temporalties sold or leased , as well as thus seised by our kings without sacriledge or injustice , when as no parish churches can spare or want their parochial ministers who are of gods institution , above six months at most . [h] after which if the patron present not in the interim an able and sufficient clerk the ordinary by the canon & common-law may collate , and sequester the profits in the mean time , only to defray the officiating of the cure , which must be at no time intermitted or neglected because of divine institution , and so absolutely necessary both for the peoples instruction and salvation , which these long vacancies prove diocaesan bishops are not . 4ly . that as our bishops , abbots , priors , * did originally for some hundreds of years receive their actual investitures into their churches temporalties from the king alone , per annulum & baculum , by a ring and pastoral staff ; delivered to them in nature of a livery and seilin , extorted from our kings by the violence and tyranny of pope vrban and pascal the 2. and treason of archbishop anselme , against the right of the crown , and custom of the realm ; so they did likewise hold all their baronies and temporalties from , swear fealty , and do liege homage to our kings for the same as their supream liege lords , like other barons , and were as far forth responsible for them to the kings iustices and ministers , as lay-barons and tenants were ; which they all acknowledged in their recognition to king henry the second , in the council of clarindon as our * histories assure us ; and were lyable to forfeit them for their treasons , rebellions , disloyalties and contempts against the king and his crown , as well as lay-men , our kings being alike soveraign lords and kings to them , as well as other subjects and tenauts ; and that iure domini , as their supreme landlords and patrons , from , by and under whom alone they held their temporalties . 5ly . that the kings of england as supream heads and governours under christ of the church of england , have in all ages enjoyed and exercised a soveraign power and jurisdiction over all archbishops , bishops , deans , chapters , abbots , priors , and other ecclesiastical persons in all causes whatsoever ; as well as over their temporal subjects , to visit , reform , order , correct , restrain , amend , punish all their errors , heresies , offences , contempts , enormities , treasons , rebellions against their persons , crowns , dignities , and royal authority punishable by any spiritual , ecclesiastical or temporal authority or iurisdiction , and to punish their persons by imprisonments , banishments , death , scisure , sequestration , confiscation of their temporalties , bishoppricks , real and personal goods and estates , as is enacted by the several * statutes against provisors , and the express statutes of 25 h. 8. c. 19 , 21. 26 h. 8. c. 1 , 3. 27 h. 8. c. 10. 28 h. 6. c. 7. 10. 31 h. 8. c. 14. 32 h. 8. c. 22 , 24 , 26. 33 h. 8. c. 29. 34 , & 35 h. 8. c. 17 , 19. 37 h. 8. c. 17. 1 ed. 6. c. 2. 1 eliz. c. 1. 5 eliz. c. 1. 8 eliz. c. 1. 13 eliz. c. 12. and other acts ; the several writs de excommunicato capiendo , de excommunicato deliberando , de cautions admittenda , * quare impedit , quare incumbravit , quare non admisit , quod episcopus admittat , ne admittas , ne exeas reguum , vi iacca removenda ; and especially by the several writs of prohibition , and ad iura regia , and capias pro contemptu , wherewith our records and law-books are full fraught ; i shall only recite some memorable presidents of our kings and parliaments proceedings against our archbps. & bishops in seising their temporalties , confiscating their estates , banishing them the realm , suspending from , and depriving them of their bishopricks , yea in imprisoning , executing their persons for their rebellions treasons , conspiracies , contempts against them , and their royal prerogatives in former ages , worthy their and our most serious consideration , and remembrance . to begin with our archbishops , about the year of christ , 765. [a] offa king of mercians being highly offended with iambertus ( or lambert as some stile him ) archbishop of canterbury for his oppositions against him , seised and took away all his temporalties within his kingdom , detaining some of them to himself , and giving the rest of them to his souldiers and courtiers ; and moreover by the popes consent , erected a new archbishoprick at litckfield , took away six bishopricks formerly subject to the see of canterbury , and detained the lands above thirty years , till at last restored by the judgement of two or three parliamentary great councils , after many petitions and complaints , upon full hearing and examination . [b] stigand archbishop of canterbury , for refusing to crown king william the conqueror , and holding the bishoprick of winchester in commendam with his archbishoprick , together with many other bishops and abbots was deprived by the kings procurement , and kept prisoner at vvinchester during his life , receiving only a small allowance out of the exchequer to support him ; dying in prison ; his bishoprick remained void two years space in the kings hands , no lesse than twenty five manors being taken away from it , till recovered by ● ansraue his successor , in a famous council of the noble : and elders of england held at penindene . [c] king vvilliam rufus banished anselme archbishop of canterbury out of the realm for treason , against him and his soveraign power , and seised his temporalties till his death ; after which king henry the first recalling him , he most trayterously and obstinately oppugned the kings prerogative of investing bishops in their bishopricks by a ring and pastoral-slast , and refusing to do homage to the king , or to consecrate any bishops who received investitures from him , or did homage to him ; for which he was banished for three years out of the realm , all his temporalties and goods moveable and immoveable seised into the kings hands , with the temporalties & goods of those bishops who renounced their investistures by the kings donation by anselmes perswasion . king stephen seised all the goods and temporalties of [d] theobuld archbishop of canterbury , and banished him the realm , for departing out of england to rome upon the popes summons , contrary to his expresse royal prohibition ; and for interdicting the king and whole realm . after which being restored to his archbishoprick by the other bishops mediation , his goods and temporalties were again consiscated and seised into the kings hands , anno 1152. for refusing to crown eustace king stephens son , & he forced to flye the realm , which he caused to be infested with fire , sword , and bloudy wars . [e] thomas b●cket archbishop of canterbury , an infamous perjured traytor to , and rebel against king henry the second his ( advancer and indulgent soveraign ) grand oppugner of his royal prerogatives , and of the customs of the realm , contrary to the oath and recognition of himself and all the bishops , clergy , and temporal lords , in the famous great council of clarindon , endeavouring totally to exempt the clergy from all temporal power , jurisdiction , and judicature , for the most detestable crimes and murders , had all his goods and moveables by judgment of the bishops and peers condemned and confiscated to the king , his temporalties seised into the hands , all his moneys , jewels , plate , confiscated together with all the clergy-men ; goods who adhered to him ; [f] all his kindred , man , woman , and child secured , and afterwards banished the realm , together with himself , for sundry years ; and was at last slain in the cathedral church at canterbury , for his manifold treasons & rebellions against the king , to the great disturbauce both of the churches and kingdoms peace . [g] king iohn an. 1205. seised upon all archbp. huberts lands and possessions after his death , for his manifold contempts and oppositions against his royal authoritie and resolutions during his life . [h] stephen langhton his next successor in the archiepiscopal see of canterbury , for his manifold treasons and rebellions against king john , had all his temporalties and goods seised by the king , and was suspended from his archbishoprick , and threatned to be deprived of it by the pope . [i] archbishop boniface being commanded by king henry the third to relinquish his archbishoprick , and depart the realm , by reason of the grievous complaints both of the clergy and commonalty against him , thereupon selled his woods , leased out his lands , extorted what moneys he could from his tenants , and carried all with him in to savoy , where he dyed . [k] king edward the first , anno 1301. put robert winchelsie archbishop of canterbury , with all the other bishops and clergy out of his protection , and the parliament house , and seised the archbishops temporalties , goods , debts . after which divers high treasons , and rebellious conspiracies were laid to his charge by the king ; who thereupon the second time seised all his temporalties and goods moveable and immoveable , appealed him to the pope , banished him the realm , forbidding any of his subjects under grievous penalties to harbour him ; and seised all the lands of the monks of canterbury , and banished them the realm , for furnishing this arch-traytor secretly with necessaries . [l] king edward the second caused all the goods of iohn stratford archbishop of canterbury to be seised , and his temporalties to be sequestred into his hands , whiles bishop of winchester for taking that bishoprick by provision from the pope , against his royal command . after which being advanced to canterbury by king edward the third , he was soon after accused of treason , treachery and conspiracy with the french and pope against the king , whose designs against them he crossed all he could ; whereupon the king resolved to commit him prisoner to the tower of london , whither he sent the bishop of chichesier , then lord chancellor , and the bishop of lichfi●ld then l. treasurer prisoners for the like offences . wherupon this archbp. flying to canterbury , and there standing on his gard , refused to render himself , carrying himself very insolently and rebelliously against the king both in his sermons and excommunication ; saying , that he had received no honor nor advancement from the king , but only from god , and that he would give an account of his actions in no. court , and to no person but in parliament ; whereupon a parliament was summoned , and divers hainous crimes charged against him by the king ; which the king after great suit and intreaty pardoned . [m] simon langham archbishop of canterbury , chancellor of england , anno 1371. was put from his office , his temporalties seised , and stripped of all his archiepiscopal ensigns , for receiving from pope vrban the cardinalship of st. sixtus without king edward the third his privity , who was highly offended with him for it . anno 1386. [n] simon sudbury archbishop of canterbury in the insurrection of iack straw was beheaded on tower-hill , his head fixed on a poll and set on london bridge , as a traytor and enemy to the king and people . [o] king rich. the 2d . highly offended with will. courtney archbishop of canterbury , for receiving his archbishoprick by provision from the pope , against the law and his prerogative royal , and for other misdemeanours , commanded all his goods and temporalties to be seised , and forced the archbishop himself to hide his head for fear of imprisonment , till he made his peace with him . [p] thomas arundel archbishop of canterbury was impeached and condemned of high treason against the king in the parliament of 21 rich. 2. by judgement of parliament ; for which he was ordered to be banished the realm , his temporalties seised , his lands and goods forfeited . [q] thomas cranmer archbishop of canterbury , was committed prisoner and impeached , convicted of high treason against queen mary , for aiding the usurper queen iane against her , and his goods and temporalties seised . [r] edmond grindon archbishop of canterbury falling into queen elizabeths displeasure , was suspended from his archiepiscopacy by her order till his death . [s] archbishop abbot for killing his keeper by chance-medly in shooting at a back , was suspended from his archiepiscopal jurisdiction by king charles the first for sundry years , and his archiepiscopal jurisdiction , power delegated to others . and [t] will. laud the last archbishop of that see , in the parliament of 16 caroli , was impeached of sundry high treasons and high misdemeanours against the king and kingdom , by the commons of england , and scots commissioners ; for which he was upon full tryal and hearing , imprisoned , atttainted , condemned and beheaded on tower-hill , his goods and temporalties sequestred , seised , sold by judgment and ordinances of both houses of parliament . to these numerous presidents of the archbishops of canterbury , i shall annex some paralel ones of the archbishops of york . [u] vvilfred archbishop of york for his treason in favouring and aiding the rebellious danes , and perswading queen ermenburga to desert her husband the king , was by king egfreds prosecution twice condemned and deprived of his archbishoprick in two several councils , his temporalties and goods seised , his person imprisoned , his archbishoprick divided into two or three more bishopricks , and himself exiled , some write for ten , others for eight years together , till at last with much importunity & many letters from the pope & others , he was restored to his see. [n] wolstan archbp. of york , for his hamous treason in deserting his natural christian king edgar , against his oath , allegiance , piety , function , christianity , and adhering to the invading heathen danes , who wasted the country , and endeavoured to rout out the christian religion ; and for murdering divers citizens of hertford , was deprived of his bishoprick , and imprisoned by the king for a year ; and at last murdered himself . [o] turstan archbishop of york for receiving his consecration from the pope at the council of rhemes , against king henry the first his expresse command , and his own oath and faith to the king , was banish'd the realm , his temporalties seised by the king for five years space , and he hardly permitted to return into england , after many mediations and menaces of the pope in his behalf . [p] geoffry plantaginet archbishop of york for breaking his oath with king richard the first , was kept from his temporalties , and imprisoned by william longchamp . after this , anno 1194. upon several complaints against him in parliament , for hindering the kings officers to gather a tax in his diocesse , and sundry contempts against king iohn , his lands and goods were seised , and returned into the kings exchequer by the sherift of york-shire by the kings command ; for which he excommuniting the sheriff , was suspended his bishoprick , and forced to pay a fine of 1000 l. for his restitution . after which , for excommunicating those who collected a tax for the king , he was banished the realm , and his temporalties seised for above five years time ; the see being kept void above ten years space in the kings hand , when he was first made archbishop . thomas corbrig archbishop of york for obeying and preferring the popes commands before the kings , in admitting the popes clerk to the chapel of st. sepulchres in york , and rejecting the kings , about the year 1300. had for this his contempt three baronies , antiently belonging and annexed to his archbishoprick , taken away and kept from him by king edward the first , during the archbishops life , without restitution . [r] alexander nevil archbishop of york was attainted of high treason in the parliament of xi . king richard the second , his temporalties and estate seised , and his person adjudged to perpetual imprisonment in rochester castle ; who flying the realm , pope vrban made him archbishop of st. andrews in scotland ; but the scots refusing to own his papal authority , he was stripped of both archbishopricks , and forced to live a poor parish-priest in lovain till his death . [s] richard scroop archbishop of york was condemned and beheaded for high treason against king henry the fourth , and all his temporalties , monies , goods seised and consiscated to the king an. 1405. [t] george nevil archbp. of york ( brother to henry nevil the great earl of warwick ) a perfideous traytor both to king edward the 6th . and edward the 4th . in the year 1472. was arrested of high treason at vvindsor by king edward the 4th . all his plate , money , and other movable goods ( to the value of 20000 l. ) seised for the king , together with a miter of inestimable value , by reason of the many rich stones adorning it , which the king broke and made a crown thereof for himself ; the profits & temporalties of hi-bishoprick were taken into the kings hands for above 4. years space , and himself long imprisoned at calis & guisnes for his treason against the king. (a) cardinal thomas wolsie archbishop of york ( a most insolent , proud , ambitious , covetous prelate ) for his manifold misdemeanours , oppressions , and high crimes against the king , kingdom , people , and kings royal prerogative , was first attainted in a praemunire an. 21 h. 8. whereupon the k. seised all his goods , and took away the great seal from him . after which the lords and parliament exhibited sundry articles of high treason and other misdemenours against him . upon which by the kings command he was arrested at cawood of high treason by the earl of northumberland in november 1536. his plate , goods and temporalties seised , himself caried prisoner towards london , with intent to bring him to the tower , to be further proceeded against ; to a void which infamy , he poysoned himself with a strong purgation , whereof he died at leycester abby , after which the king seised all his lands and manors , though a cardinal and archbishop . to these presidents of the archbishops of canterbury and york , i shall annex the like of some other inferiour bishops . (b) william de sancta maria bishop of london , for interdicting the whole realm , and excommunicating king iohn , together with edward bishop of ely , and maugerus bishop of vvorcester , who concurred with him in this interdict and excommunication to gratifie the pope , had all their goods and temporalties seised upon by the king , anno 1201. their castles demolished , and themselves banished the realm for five years space . (c) fulco basset bishop of london , a great stickler for the pope against king henry the third , whom he oft affronted ; ●●●●essed the king and pope might take away his bishoprick , his miter , and crosier , but not his helmet and sword , wherein he most gloried and consided . (d) henry sandwich bishop of london , against his corporal oath of fealty and homage to king henry the third , was a prime stickler in the barons wars against this king , and promoter of the articles of oxford in the forty second year of his reign , which took away his just regal power and government of the realm , and delegated it to twelve commissioners ; which articles all the bishops consented unto and sealed with their seals , and this bishop amongst the rest ; for which in a council held at vvestminster he was suspended both from his episcopal office and bishoprick , which were sequestred into the kings hands . (e) edmond bonner bishop of london , a grand persecuter and burner of gods true saints , yea a bitter enemy to king edw. the 6th . and queen elizabeth , was twice deprived of his bishoprick for his contempts and misdemeanours , once in king edward the 6th . his reign , and again in the first year of queen elizabeth , for refusing the oath of supremacy and allegiance , and murthering so many protestants under queen mary ; and by authority of the queen and parliament committed prisoner to the marshalsee among rogues , where he died amongst rogues and murderers , and was buried at midnight in obscurity . (a) wina bishop of vvinchester , so highly offended kenewalchus king of the west saxons who advanced him , that in the year 666. he drave him out of his country , and deprived him of his bishoprick . about the year of christ 1107. (b) king henry the first was so far incensed against vvilliam gifford , whom he had formerly invested in the bishoprick of winchester by the delivery of a ring and crosier , for renouncing th●● 〈◊〉 investiture , and refusing his consecration out of fear to displease archbishop anselm , that he seised his temporalties , and banished him the realm . (c) henry de bloys bishop of vvinchester , against his oath of fealty and allegiance to q● . maud , dis-inherited her of the crown , and set up k. stephen in her stead ; who not long after falling out with this bishop , seised all his castles ; whereupon he revolted to maude , and procured a pall from the pope , to be made archbishop of vvinchester , and to have seven bishopricks annexed to his province . (d) vvilliam raley bishop of vvinchester for excommunicating the maior , citizens , and monks of vvinchester for obeying king henry the third his edict , not to give him or his any victuals or lodging , and interdicting the cathedral there , was forced to fly the realm , and relinquish his bishoprick , till by archbishop bonifaces , and the popes mediations ( which cost him a gratuity of 6000 l. ) he made his peace with the king. (e) ethelmar bishop of vvinchester , caused the barons assembled in a parliamentary council at oxford to take up armes against him for his intollerable insolencies , tyrannies , exorbitancies , oppressions , and to drive him out of the realm ; who seising on all his goods and treasure they could meet with , writ letters and sent agents to rome to stop his return into england , which neither the king , lords , nor commons would permit upon any letters or sollicitations from the pope on his behalf to king henry the third , and the lords . (a) iohn gernsey bishop of vvinchester was excommunicated by the popes legat , his temporalties seised , and he forced to fly to rome for an absolution , for taking part with the barons against king henry the third , subscribing and ratifying with an oath the antimonarchical provisions of oxford in derogation of the kings royal power and government , against his oath and allegiance to the king. (b) henry vvoodlock bishop of vvinchester , interceeding to king edward the first , for robert vvinchessie archbishop of canterbury banished for treason , and calling him his good lord , had his temporalties seised , goods confiscated , and was put out of the kings protection . (c) vvilliam vvickham bishop of vvinchester for wasting and embesselling the kings treasure to a great value , wherein he was condemned , had all his goods seised , his temporalties bestowed on the young prince of vvales , and was likewise banished above twenty miles from the court. (d) stephen gardiner bishop of vvinchester , for a seditious sermon preached before king edward the sixth , and disobeying the kings injunctions , was committed prisoner to the fleet , and afterwards to the tower of london , for two years space and an half , after which he was deprived of his bishoprick , seised into the kings hands , and sent to prison again , being an implacable enemy to king edward the sixth , and the lady elizabeth , afterwards queen of england , whose death he oft contrived , and had well-nigh accomplished . (a) iohn white bishop of vvinchester , to obtain this fat bishoprick promised to give the pope 1600 pounds a year out of it during his life ; which sin the pope seemingly detesting , he was forced to pay much dearer ere he could obtain it ; he threatned to excommunicate queen elizabeth in the first year of her reign , for which he was committed to prison . after that for refusing 〈◊〉 take the oath of supremacy and allegi●●●● 〈◊〉 the queen , he and thirteen more bishops were deprived of their bishopricks , and others placed in their roomes . (b) kenulph the tenth bishop of durham , in the year of christ 750. was apprehended and committed prisoner of the castle of bebba , and his church besieged by egbert king of northumberland for misdemeanours against him . (c) fgelrick 16. bishop of durham , charged with treason and conspiracy against vvilliam the conqueror , pyracy on the sea , and disturbing the peace of the kingdom , was for these offences commited perpetual prisoner to vvestminster abby , where he lamented his misdemeanours , and dyed very penitently . (d) egelwyn the 17. bishop of durham for raising two rebellions against king william the conqueror , and excomm●● the king , with all his followers , as invadors and robbers of the church , was banished the realm , deprived of his bishoprick , and at last invading the realm , was taken prisoner in the isle of fly by the king , and committed close prisoner to abyngdon anno 1071. wher● refusing to take any sustenance , he died of anger , grief , and hunger . not mention the tragedy of [e] vva●cher bishop of durham , created bishop , and likewise earl of northumberland by vviliam the conqueror ( the first spiritual and temporal lords of this see ) who turning a very great oppressor of the people , so far incensed them by the murther of leulsus by leoswin and gilbert his chaplain and kinsman , that they assaulted him and his followers in the cathedral church , where they fortified themselves , slew the bishop himself , and all his retinue , to the number of one hundred persons , and set the church on fire . [f] vvilliam kairlipho , his next successor in the see of durham , though advanced to that office by king vvilliam rufus , and made one of his privy counsel , yet he most treacherously and ungratefully conspired with odo bishop of bayon , and other great men anno 1088. to deprive him of his crown ; which the king ( who most trusted and favoured him of any other ) took very grievously at his hands ; whereupon he marched to durham in person with his army , which this bishop by strong hand held out against him , till at last he was enforced to surrender the city , and himself to the kings mercy ; who thereupon banished him the realm for three years , taking the profits of his temporalties till september 11. an. 1100. at which time the king received him into his favour , and restored him to his bishoprick . after which he fell again into the kings displeasure , and dyed of grief , that he could not clear himself of the rebellion charged against him , which he was summoned to answer . in the year of our lord 1101. (g) k. henry the first , upon the innumerable complaints to him made against ranulph flambard bishop of durham by the vote of a whole parliamentary council clapt him up prisoner in the tower of london , for a most notable oppressor , extortioner , rebel , traytor , prepared to act any wickednesse , who was likewise created by vvilliam rufus both chancellor and treasurer of england . this bishop afterwards escaping into normandy , perswaded duke robert to invade the realm , to the great disturbance thereof , and effusion of much christian bloud . after which having purchased his peace with large gifts , ●et the k. exacted from him great sums , & seised on all his goods & bishoprick . (h) edgar ( king of scots ) about the year 1100. gave the town of berwick to the bishop of durham ; but because he afterwards wrought treason against him , he lost the gift , the king thereupon resuming the town into his own hands . (i) hugh pusar bishop of durham , ( who purchased the earldom of northumberland of king richard the first ) for giving a rude sawcy answer to king henry the second , had his castle of durham seised into the kings hands , anno 1184. and otherwise was afflicted by him . (k) anthony beak , or bek , bishop of durham , excommunicating the prior and monks of durham , notwithstanding their appeal to the pope and king , and going to rome without the kings license ; king edward the first thereupon seised his temporalties and liberties ; and appointed a new chancellour , new justices , and other officers of durham . during this his disgrace , this king for his con●empts took away three manors , and the church of symondbury from the bishoprick , with divers other lands . he being with other bishops put out of the kings protection for denying to grant him an ayde , he and they were forced to make their peace with large gifts , & the grant of the fifth part of thier ecclesiastical goods and revenues for one year . (l) after the death of lewis beaumont , the monks of durham electing a monk of their own for their bishop , the archbp. of york consecrating him without the kings license : the king thereupon refused to restore his temporalties to him , and caused richard de bury without any election of the monk or chapter , to be made and consecrated bishop in his place ; whereupon the monk retired into the monastery . (m) cuthert tonstall bishop of durham for his disobedience to king edward the 6th . was committed prisoner to the tower of london , decemb. 20. 1551. where he continued all his reign , the king being so highly offended with him , that in (n) 7 e. 6. by a special act of parliament , the bishoprick of durham was dissolved , and all the lands and hereditaments thereof given to the king , his heirs and successors ; though afterwards the bishop and bishoprick were restored by queen mary ; but in 1 elizabeth this bishop was deprived of his bishoprick by act of parliament for refusing the oath of supremacy , and opposing the queens proceedings , and committed prisoner to lambeth . our learned martyr (o) william tyndal , writing of this bishop tonstall , observes , that the cause why he left the bishoprick of london for durham , was only covetousness and ambition . neither ( addes he ) is it possible naturally , that there should be any good bishop , so long as the bishopricks be nothing save wordly pomp and honour , superfluous abundance of all manner of riches , and liberty to do what a man list unpunished ; things which only the evil desire , and good men abhor . (p) roger the great rich bishop of salisbury , ( who contrary to his oath , duty , and allegiance to king henry the first his advancer , and maud his daughter , set up and made stephen , ( a usurper ) king , thereby involving the kingdom in intestine bloudy wars and feuds all his reign ; by a divine retaliation of his perjury and treachery , had his person imprisoned , his 2. newly repai●ed castles of sh●rborn and malmesbury , with his stately new built castle of devises , and all his ammunition and treasures in them seised upon , with the ●astles of his nephews and creatures ( nigellus bp. of ely , & alexander bp. of lincoln ) for real or pretended offences , which castles k. stephen refused to restore , or to be judgd by the bishops , or their canons in the council of winchester , sommoned by the popes legate , to debate the legality of their seisure by the king , and to restore them to the bishops , which the king would by no means give his consent to do ; the archbp. of rhoan justifying the lawfulness of these castles seisure in the council , as well as the kings lawyers . (q) richard milford bishop of salisbury , was by order of the barons in parliament in xi r. 2. removed from the court , and imprisoned in the castle of bristol , as a pernicious whisperer , flatterer , evil counseller , traytor to the king and kingdom . (r) william ayscoth bishop of salisbury confessor to king henry 6. by his oppressions , ill dealing , and consenting to the yielding up of anjou and mayen to the hands of the french king , so far incensed the nobles and vulgar rabble his tenants too against him , that in the insurrection of iack cade , june 29. 1450. some of these bishops tenants coming to ed●ndon in vvilishire whiles he was there saying masse , seised upon him even in the church , drew him from the altar arrayed in his pontifical massing vestments , carried him to the top of a hill not far off , and there whiles he was kneeling on his knees cleft his head in two , stript him naked to the skin , and renting his bloudy shirt into several pieces , took every man a rag to keep it as a monument of this their exploit . which though tumultuous and illegal in them , was yet a just judgement of god upon himself , for opre●sing his tenants , and other publick misdemeanours . (s) anno. 873. alfred bishop of leicester was deprived of his bishoprick for his misdemeanours by king elfred . (t) vl● bishop of lincoln was banished the realm , and hardly escaped with his life , together with robert archbishop of canterbury , and vvilliam bishop of london by edward the confessor , by the advise of his nobles assembled in a parliamentary council , for giving this good king wicked counsel , an incensing him against the english ; causing the king to infringe his good laws , and not to administer upright justice to his people , which he promised to reform upon their banishment . (u) alexander bishop of lincoln was banished the land , forced to fly into scotland , and deprived of his bishoprick , anno 1070. for opposing , vvilliam the conquerour , as an invador of the church and ravishers of ecclesiastical things , the norman conquerors making bold with all the money , chattels , charters they could find in any monastery , which they diligently searched by the kings command , who appointed how many souldiers every bishop & abbot which held of him by barony , should find for the king in times of war , from which they were formerly exempted . (x) alexander bishop of lincoln , nephew to roger the great bishop of salisbury , built three new castles at banbury , newark , and sleford , which king stephen seised upon and took from him , upon some pretended or actual misdemeanours , together with all the ammunition and treasure this bishop had laid up in them , and imprisoned the bishop himself , for holding the castle of devises against him , and refusing to surrender it till constrained . (y) st. hugh bishop of lincoln did much oppose the payment of any subsidies or taxes to king henry the second , richard the first , and king iohn ; he resisted king richard the first to his face when he demanded taxes from his subjects , by means whereof ; and of another bishop joyning with him , he could gain no moneys from them . whereupon the king in a great rage banished both these bishops , confiscated all their goods , and seised the goods of the other bishops , who thereupon submitted to the king. (z) hugh wallis or de vvills bishop of lincoln , about the year 1209. owning that arch-traytor stephen langhton for archbishop of canterbury , and receiving his consecration from him , contrary to king iohns expresse command , had all his temporalties seised , and himself kept fasting for four years space before they were restored . after which he joyning with lewis the french king , and the barons siding with him against king iohn , he was for these new treasons , not only prosecuted by the king , but also excommunicated by the pope , and not absolved till he paid the pope one thousand mark , and his legat one hundred marks ; sundry other of our bishops being then fined for the like crimes , and that so deeply , that they were compelled to sell all they had to satisfie the king. (a) hugh burwash bishop of lincoln , though advanced by the special favour of king edward the second to that see , fell so far into his royal displeasure within two years after his consecration , for some contempts and offences against him , that the king seised his temporalties into his hands for two years space , anno 1324. he being restored to the kings favour and his temporalties again , the grudge thereof stuck so far in his stomach , that none was so forward to assist the queen with mony , armes , forces , nor so eager against the king to depose him , as this bishop of lincoln , and the bishops of ely , dublin , and canterbury , by whose assistance and advice the king was not only deposed , but murdered . (b) thomas vvatson bishop of lincoln in the first year of queen elizabeth , ●as by the queen and parliament deprived of his bishoprick , and committed to prison for refusing to take the oath of allegiance and supremacy , and threatning to excommunicate the queen for altering religion . king stephen about the year 1140. banished (c) nig●llus bishop of ely for his treason and contempts against him , seised his castles and temporalties during his life , and kept them in his hands at least five years space after his death . (d) g●offry rydel his next successor ( commonly called the proud bishop of ely ) had all his moneys , to wit , 3060 marks of silver , and 205 pounds of gold seised upon , and confiscated by king richard the first . (e) william longchamp bishop of ●ly , both protector , chancellour , and chief justice of the realm , and popes legat , during king richard 1. his absence in the holy wars ; as he seised and spoyled the temporalties and goods of geoffry plantaginet archbishop of york , stripped him and his followers of all they had , dragged him by his officers out of st. martyns church in dover by force from the very altar it self , without the least respect to the greatness of his person , or holyness of the place , and thrust him prisoner into dover castle ; so himself was soon after seised upon , dragged by the heels , and imprisoned at dover by the vulgar rabble , then forced out of the realm by the nobles , and other prelates , and his estate confiscated for his intollerable tyranny and misdemeanours (f) eustathius bp. of ely , for pronouncing the popes excommunication against king iohn , & interdicting the whole realm , had all his temporalties seised into the kings hands , his goods confiscated , himself forced to fly the realm , and to continue in exile many years ; all the prelates and clergy of england confederating with him herein being likewise commanded to depart the realm , their possessions , baronies , temporalties , goods seised , confiscated , and all of them put out of the kings proteon , anno 1208. (g) king henry the third was so highly offended with hugh balsam bishop of ely , that he seised upon his temporalties , caused all the woods thereon to be cut down and sold , the parks to be spoyled , the ponds to be fished and wasted , and havock to be made of all things , for harbouring the rebels then in armes aganst him . (h) thomas lilde bishop of ely , a furious indiscreet prelate , upon king edward the third his complaint to the parliament was banished the court during his life , & his possessions seised on by the king till his death . (n) thomas thurlby bishop of ely , for denying the oath of supremacy , and opposing the reformation of religion intended by queen elizabeth , was committed prisoner to the tower , and deprived of his bishoprick by the parliament in the first year of queen elizabeth , with other popish bishops deprived for the like offences the same year . (o) walter stapleton bishop of exeter , anno 1326. was assaulted by the people in london , at the north-door of pauls , and dragged thence by them into cheapside by the heels , where they proclaimed him an open traytor , a seducer of king edward the second , ( who left the charge of the city to him ) and a subverter of their liberties ; after which stripping him of his pontifical garments , they took off his head from his shoulders , and set it on a poll for a spectacle , that the remembrance & cause of his death ( never questioned ) might continue . (p) living the 23d . bishop of worcester , anno 1040. was accused by elfrick archbishop of york , for procuring the death of alfred eldest son of ethelred : whereupon king hardeknute degraded him , and gave his bishoprick to elfrick . so (q) alfred bishop of worcester for his misdemeanours and opposition against king hardeknute , and having likewise a hand in the death of his half brother alfred , was expulsed that see , till his money purchased his peace . (r) maugere the third bishop of worcester , being one of the four bishops who excommunicated king iohn , and put the whole kingdom under an interdict , anno 1208. had all his goods confiscated , his temporalties seised by the king , and being forced to fly the realm for these misdemeanours died in exile . (a) raynelmus the 30. bishop of hereford receiving his investiture from king henry the first , by the delivery of a ring and crosier , according to the law and custom of that age , and afterwards resigning them into the kings hands again to pleasure anselme , against the kings prerogative , the king was so highly offended with him ( as he had just cause ) that he presently banished him the realm , and seised his temporalties . (b) giles de bruse bishop of hereford for siding with the barons in their wars against king iohn , and consenting to the interdict , had all his ●oods and temporalties ; seised , and was banished the kingdom by king iohn . (c) peter de eveblancks 42. bishop of hereford for his intollerable oppressions , treacheries and exorbitances , was arrested by the barons in the year 1263. in his own cathedral church , where they seised upon his goods , divided his treasure amongst their souldiers before his face , and then imprisoned him a long time in ordley castle , as a mere pest and traytor both to church and state. (d) adam de orlton or tarleton the 46. bishop of hereford , was arrested of high treason for aiding the mortymers with men and armes , against king edward the second , and being indicted and brought to the kings-bench bar at westminster to be arraigned for this treason , the archbishops of canterbury , york , and dublin , accompanied with their suffragan bishops , came forcibly with their crofiers , rescued , & took him away from the bar , and protected him from the kings justice ; but the indictment being found true upon proof , his temporalties were thereupon seised into the kings hands , till by this bishops instigation he was deposed from the crown , and soon after murdered by his advice . when queen isabel and her son prince edward were with their army at oxford , this bishop steps up into the pulpit , and there taking these words for his text , my head grieved me : he made a long discourse to prove , that an evil head , not otherwise to be cured , must be taken away ; applying it to king edw. the 2 d. that he ought to be deposed ; and afterwards he counselled the queen to depose & make him away ; which being effected at berkley castle , by thrusting a hot spit into his fundament ; none then appeared so earnest a prosecutor of these murderers as this traitorous bishop , who set them on work : to whom when many of his own letters were produced and shewed concerning this most traytorous inhuman act , he eluded them by sophistical interpretations , and utterly denyed he was any way consenting thereunto , when as in truth he was the chief occasion and adviser thereof . (e) iohn trevenant the 51. bishop of hereford was one of the prime actors in the deposition of king richard the second , and setting up king henry the 4th . in his throne ; for which he demerited not only a sequestration of his temporalties , but a decollation , though he escaped both . (f) charles booth bishop of hereford was excepted out of the general pardon of the praemunire granted by king henry the 8th . to the clergy in parliament , 22 h. 8. c. 15. for which his goods and temporalties were confiscated to the king. (g) agelrick bishop of the south-saxons ( since chichester ) was deprived by vvilliam the conqueror , anno 1078. with sundry other bishops and abbots in the councils of vvinchester and vvindsor , for their treasons and conspiracies against him , and afterwards imprisoned . [k] thomas rushock the 20th . bishop of chichester , a lewd pernicious prelate , anno 1388. was banished the court as a traytor and pernicious counsellor to king richard the second , his lands and goods confiscated , himself banished and deprived of his bishoprick by act of parliament , and had suffered death too as a traytor , but that his guiltiness made him fly before he could be apprehended . [l] richard sampson , the 37th . bishop of chichester , anno 21 h. 8. was committed prisoner to the tower , for relieving certain trayterous persons who denyed the kings supremacy . [m] george day bishop of chichester , octob. 10. 1551. was deprived of his bishoprick for denying the kings supremacy , maintaining the popes , and other misdemeanours ; and his temporalties seised . [n] iohn christopherson bishop of chichester was deprived of his bishoprick by act of parliament , 1 eliz. for denying the queens supremacy , and to take the oath of supremacy and allegiance . [o] henry spencer bishop of norwich a martial prelate , more imployed in the field than in the pulpit , and the popes general against the flemmings , anno 1385. had all his temporalties seised into the kings hands for two years , for raising an army and passing the seas without and against king richard the second his command , and was likewise questioned , fined and ransoned in parliament for his misdemeanours in that military imployment . [p] alexander bishop of norwich being elected by the monks against the kings consent anno 1406. had his temporalties kept from him by the king , and his person imprisoned at windsor almost a year . [q] richard nyx bishop of norwich in the 25 of h. 8. was attainted in a praemunire , put out of the kings protection , his person imprisoned , his lands , goods and chattels seised and forfeited to the king , for citing the maior of thetford into his spiritual court , and forcing him to revoke a presentment upon oath , contrary to law. [r] hugh novant bishop of chester ( or coventry and litchfield as some stile him ) for conspiring with the king of france and earl iohn , against his soveraign king richard the first , to detain him still in prison , and plotting all the mischief he could for the destruction of the king and kingdom , was in a grand parliamentary council held at nottingham , about the year 1198. adjudged to ecclesiastical censures , and the seisure of his temporalties as a bishop , and also to banishment , and a fine of 5000 marks by the temporal lords , as an officer to the king. [s] vvalter langton bishop of chester , by king edward the second his command , was arrested by the constable of the tower , and imprisoned above two years space in several castles , his lands and temporalties seised into the kings hands , his goods confiscated and after that compelled to answer to divers hainous crimes whereof he was accused . [t] cutbert scot bishop of chester for his disobedience to queen elizabeth was committed prisoner to the fleet , and displaced . [u] edilred king of m●rcia for some just displeasure against putta bp. of rochester , burned his church and city , and forced him to desert his bishoprick ; to which he would never afterwards return . [x] godwin bishop of rochester was for many months besieged in his city of rochester by king ethelred , for some contempts against this king , who would not raise his siege upon any intreaty , till the bishop had submitted himself , and likewise paid him an hundred pounds fine . [y] iohn fisher bishop of rochester was grievously questioned in parliament by the house of commons , anno 25 h. 8. for saying , that all their doings against the clergy , was for lack of faith ; after which he was indicted and condemned of high treason , for countenancing the revelations of elizabeth barton , and denying to acknowledge the kings supremacy over ecclesiastical persons and causes ; for which treason be was executed upon tower-hill , ( though a bishop , and new-made cardinal ) june 21. 1535. and his head set upon london bridge . [z] edmond de bromfield the 48th . bishop of landaff was for a long time committed prisoner to the tower , his temporalties seised , and goods confiscated by king richard the second , for procuring and bringing in the popes bulls of provision , contrary to his own oath , and the laws of the land , to make himself abbot of bury . [a] richard bishop of bangor , siding against king iohn his soveraign , with l●olin prince of vvales , was taken prisoner by the king in his own cathedral church , and put to a ransom of 200. hawks . [b] roger young bishop of bangor was imprisoned two or three years for his disobedience against king henry the 4th . and confederating with that rebel owen glendor . [c] arthur bishop of bangor was attainted in a praemunire in the 36. year of king henry the 8th . for suing for the right of patronage and tithes of the church of langeyneiin , in his spiritual court , which belonged only to the kings temporal courts , for which he was put out of the kings protection , his goods confiscated , temporalties seized , and his person adjudged to be imprisoned according to the statute ; he sold away 5. fair bells out of the steeple of his cathedral . [e] giso bishop of bath and wells , had many conflicts with king herald , who forced him to fly the realm , and seized his temporalties all his reign . [f] ioceline bishop of bath and wells , joyned with archbishop langhton and other bishops , in excommunicating his soveraign king iohn , and interdicting the kingdom , for which offences his temporalties were seized , his goods confiscated , himself forced to fly and banished the realm for five years space . [g] robert stillington bishop of bath and wells , for siding with the bloudy usurper richard the third at whose coronation he was specially employed , and for yielding assistance to lambert the counterfeit earl of warwick , and other treacheries was publickly accused of high treason , against king henry the 7th and also arrested of high treason in the university of oxford , whether he fled for sanctuary , imprisoned in the castle of windsor till his death anno 1491. and his goods and temporalties seized . [h] william barlow bishop of bath and wells , was attainted in a praemunire , by which his temporalties and goods were forfeited to the king. [i] gilbert bourne the 47. bishop of bath and wells , for denying the queens supremacy , and refusing the oath of supremacy and allegiance to her , 1 eliz. was deprived of his bishoprick . and to mention no more presidents in so plain a case , august 4. 1641. walter bishop of winchester , robert bishop of coventry and lichfield , godfry bishop of glocester , ioseph bishop of exeter , iohn bishop of asaph , george bishop of hereford , matthew bishop of ely , william bishop of bangor , robert bishop of bristol , iohn bishop of rochester , iohn bishop of peterborough , roger bishop of landaffe , and william bishop of bath and wells , were all of them joyntly , and 2. of them particularly , impeached by the knights , citizens and burgesses of the commons house of parliament , for several high crimes and misdemeanors , contrary to the kings prerogative , the fundamental laws of the land , the rights of parliament , the property and liberty of the subject ; and matters tending to sedition , and of dangerous consequence : after which most of them , with the archbishops of canterbury and york , were committed prisoners to the tower , their goods and temporalties sequestred , and sold by sundry ordinances of parliament . if any out of ignorance or prejudice , should deem all these proceedings against the persons and temporalties of our archbishops and bishops from age to age illegal , unjust or sacrilegious , let them peruse the statutes of 1 e. 3. c. 2. 14 e. 3. c. 3. 25 e. 3. c. 6. 2 r. 2. c. 7. 13 r. 2. stat. 2. c. 8. 43. 16 r. 2. c. 5. 6 h. 4. c. 7. and the year books of 20 e. 2 fitz. corone 237. 16 e. 3. and 14 e. 3. fitz. quare non admisit 3 , 7 , 8 , 11 21 e. 3. 3 , 30 , 60. book contempts 5. 19. 22 e. 3. 22 , 26. ass. 19. brook forfeiture 82. 106. 29 e. 3. 42. fitz. execution 159. 38. ass. 22. grant 1. 38 e. 3. 12. 46 e. 3. praemunire 1. 10 h. 4. 6. 14 h. 4. 14. 8 h. 6. 3. 9 e. 4. 28. 27 h. 8. 14. 22 brook exigent 3 stamford l. 2. c. 45. cook 5. report f. 12 , 13. 8. report f. 68. cooks 3. institutes c. 36. 54. sir iohn davis reports f. 84. the case of praemunire . upon perusal of all which it will most evidently appear , that both our parliaments and judges have frequently declared , resolved , that both their persons may lawfully be attached , imprisoned , banished , executed , their temporalties seized , and goods confiscated to the king , for their offences , contempts , rebellions , both by the common and statute laws of england , and therefore by like reason their lands may be alienated and taken from them for their offences or abuses of them , without sin , sacrilege or injustice , by our kings and parliaments , beyond all contradiction , as they have been from time to time both by the emperors of rome , greece , germany , the kings , and kingdoms of france , spain , hungary , italy , denmark , sweden , poland , scotland and ireland , as well as england . 6ly . that as the lands and temporalties of bishops , abbots , cathedrals , by their very first charters of endowments and foundations , were alwaies lyable to [a] these 3. temporal charges , and secular services , though dedicated to god and his church , to wit , military expeditions , and charges of war , for the defence of the king and kingdom ; the building , and repairing of castles and bridges , ( commonly expressed in antient charters under this exception , exceptis expeditione , pontis & arcis constrictione , vel necessariis defensionilus arcium , quae nulli unquam possint laxari : ) so if the bishops and abbots upon the kings writs of summons , refused to send in their proportions of horse and armes , according to the number of the knights sees they held by , and perform these services to our kings in times of war or danger ; or denied to grant competent aydes and subsidies to our kings when demanded , their temporalties , lands , goods & movables , were usually seized into the kings hands for this contempt , as is evident by claus. 4● h. 3. m. 3. 6. dorso ; the presidents of archbishop winchelsie , and other bishops forecited p. 52 , 53 , &c. so our kings in times of war , have frequently seized upon archbishops , bishops and church-mens lands , and given them to their commanders and souldiers , witnesse the presidents of [b] king osfa and kenulphus of old , who took away sundry mannors and lands from the archbishops of canterbury , which they partly divided amongst their captains and souldiers , and partly retained to themselves , with other presidents since . and not only so , but the knights , citizens , burgesses , and sundry lords in successive parliaments , even in times of popery , have often pressed our kings to take away , sell and alienate the great superfluous mannors , lands , temporalties , of bishops , abbots and church-men , for easing the kingdom and people from taxes , and maintaining of earls , nobles , knights and other military men , to ayd our kings in their wars ; and have actually taken away divers mannors , lands and tenements from our archbishops , bishops and cathedrals , as well as from abbots , priors , monasteries , and given them to our kings , or such as they should appoint . the house of commons in two [c] several parliaments , held in the years of our lord 1403. and 1404. under king henry the 4th . when this king wanted and demanded aydes and monies from them to carry on his wars against the welch-men at home , and the french , with other enemies abroad , counselled and pressed the king , to seize upon the lands of the bishops , abbots and spiritualtie , to supply his wants with their temporalties and superfluities ; whereupon there grew a great contest in the parliament , between the clergy and laity ; the speaker of the commons house , and the knights affirming , that they had often served the king in his wars , not only with their goods , but also with their persons , in very great dangers and ieopardies , whiles the prelates and spiritualty sate idle at home , and helped the king nothing at all . whereupon the bishops and clergy to preserve their temporalties from being taken away in these two parliaments , readily gave the king a tenth in the first of these parliaments , and a tenth and an half in the second . after this the [d] knights and commons in the year 1410. presented this petition to king henry the 4th . and the lords in parliament . to our most excellent lord the king , and all the nobles in this present parliament assembled , all your faithfull commons humbly demonstrate , and truly affirm , that our lord the king might have out of the temporal possessions , lands and tenements , which are occupied , and proudly , leudly and unprofitably spent , consumed and wasted by the bishops , abbots and priors within this realm , so much in value as would suffice to sustain in food 15. earles , 1500. knights , 6200. esquires , and 102. hospitals more then now be ; pressing the king and lords to take away these temporalties , which they proudly and unprofitably consumed , and to imploy them on other publick uses . but by the subtilty and potency of the bishops , abbots and clergy , from whom the king demanded a tenth to be annually granted to him during his life , * wherein they were ready to gratifie him ; they preserved their temporalties for that present . yet afterwards the commons in parliament , anno 1414. renewed this their old petition to king henry the 5th . and the lords , to seise upon the bishops and abbots temporalties , shewing how many earls , knights and esquires they would maintain , exhibiting a bill to that purpose . hereupon the bishops and abbots whom it touched very near , much fearing the issue , determined to assay all wayes to put by and overthrow this bill , minding rather to bow than break , agreeing first to offer the king a great sum of mony to put by his demand ; and afterwards intituling the king to sundry provinces , and the whole realm of france in this parliament , and stirring up the king and nobles to regain the same by force of armes . towards the recovering and regaining of which antient right and inheritance , they granted the king in their convocation such a sum of mony , as by spiritual persons never was to any prince , though the whole christian world , before these times given and advanced . by which policy and grant they preserved their temporalties from being taken away from them by that parliament . yet some of their manors and temporalties were parted with to the king and lords to purchase their peace , after every of these parliaments . in the parliament of king henry the 8th . in the 22d . year of his reign , there were sundry * bills exhibited in parliament against the abuses of the bishops and clergy , and many hot contests between the commons and prelates , who at the last brought them within the compasse of a praemunire in this parliament , to the confiscation of all their goods , temporalties , and imprisonment of their persons , for submitting to cardinal wolsie his power legatine from the pope , contrary to the laws of the realm , and the kings prerogative . whereupon upon the bishops and clergy of the province of canterbury proferred to give the king the sum of one hundred thousand pounds ; and those of the provinces of york eighteen thousand pounds more , and likewise agreed to give the king the title of the supreame head of the church of england next under christ ( which they would never do before ) to take off the forfeiture of the praemunire which the king accepting of , (g) granted all the bishops and clergy a general pardon in parliament , out of which iohn archbishop of dublin , and the bishop of hereford , with six more clergy-men only were excepted ; and soon after this parliament many of the bishops temporalties and manors were granted by them to the king by their special conveyances , besides others of them leased or granted to courtiers , great officers and favourites , to preserve the remainder of them . in the parliament of (h) 37 h. 8. by a special act of parliament , printed in our statutes at large , under a feined pretext of exchanges , and other recompences , the manor of rippon in yorkshire , together with 69. other manors there named , their members and appurtenances , were alienated and taken away from the archbishoprick and archbishop of york , nine manors , one castle , with sundry parks and rectories belonging to the archbishoprick to canterbury ; the manors of chelmesford and crondon , with the park of crondon , and all their members , rights and appurtenances were alienated and taken quite away from the archbishops of canterbury and bishops of london , and their successors , and by these bishops indentures , and this act of parliament setled on the king , his heirs and successors for ever , as well against the said archbishops and bishop of london , and their respective successors , as against the respective deans and chapters of york , canterbury , london , and their successours , and every of them ; any law , custom , statute , or other thing to the contrary hereof , had or made notwithstanding ; as in and by the said act ( worthy perusal ) is more at large recorded . besides these , the city of bath , the manors markford , chedder , chew , claverton , compton dando , compton panel , congesbury , clanmore , everchurch , h●riton , kineston , l●d●ord , pucklechurch , wellington , westerleigh , vvatton , vvecke , vvile , yatton , with sundry other farmes , tenements , hundreds and appropriations , have been alienated by and taken from the bishoprick of bath and vvills , the manors of sherburn , sunning , and sundry others from the bp. of salisbury ; and sundry other manors lands , tenements , farmes , from the bishops of vvinchester , lincoln , ely , chichester , norwich , exeter , hereford , coventry and litchfield , durham , carlisle , before and since 37. henry the 8th . and had not the statute of 1 lac. c. 3. restrained the alienations of bishops lands and revenues , they had long ere this had no lands or rents at all to dispose of . in the parliament of (i) 7 e. 6. by a special act of parliament the bishoprick of durham , with all the lands and hereditaments thereof were taken away , and setled in the king , his heirs and successors . and no longer since than 21 iac. c. 30. york-house in the strand was by special act of parliament by way of exchange taken from the archbishop of york , and setled on king iames , his heirs , successors and assigns , and after that on the duke of buckingham , upon pretext that it was for the benefit of the archbishops . by all which acts and presidents it is most evident , that our kings , parliaments and temporal lords , may not only seise , sequester the temporal lands , goods , estates of bishops and church-men , in cases of delinquency and contumacy , but likewise substract , alienate and sell them to supply the necessities of the king and kingdom , in times of war and extreme necessity without sacriledge or impiety ; which should cause our present archbishops , bishops , and cathedralment to carry themselves with greater loyalty and dutifullnesse towards his sacred majesty , with greater humility , sobriety , meeknesse and respect towards the temporal lords , commons and people , than their predecessors have done , and make them very carefull of giving just offence , or provocation to all or any of them , especially at this present juncture of our ecclesiastical and civil officers , in so hopefull a way of future settlement , if their pride , avarice , ambition or indiscretion do not interrupt them . 7ly . that archbishops , bishops , deans and chapters themselves , by their common consent , may lawfully alienate , sell , and give away , not only their lands and possession , ( which were never solemnly consecrated ) but even their very consecrated chalices , vestments , and ornaments of their churches themselves , though more peculiarly consecrated by episcopal benedictions , more immediately devoted to gods service , than their lands and other temporalties ; and that in cases of publick necessity or charity , as to relieve the poor in time of famine , to redeem captives , to ransom their lawfull kings , to support their decayed patrons and benefactors , to defend their native country against invading enemies , or christians against infidels , to prevent a greater mischief , and for the benefit of the church in general , as sundry (a) antient councils , and the (b) popish canonists themselves have resolved . yea by the popes consent , without any of these causes , our archbishops and bishops might alienate , sell , morgage , give away , and dispose of the lands belonging to their bishopricks ; as the express (c) clause in their oath to the pope , not to do it without the popes council and consent , imports . (d) when our king richard the first was most injuriously taken in his return from the holy land , and for a whole year and three months space kept prisoner by the emperour of germany , and at last put unto a ransom of one hundred thousand pounds of silver , after the weight of colen , anno 1093 the kings collectors being unable to levy so great a masse of moneys ; thereupon majores quidem ecclesiae thesauros ab antiquis congestos temporibus , ecclesiae parochiales argenteos calices praemiserunt ; the archbishops , bishops , abbots and priors of all conventual churches gave the fourth part of their annual rents , and other inferiour clergy-men the tenth of their tithes ; and the cistercian monks all their wools , towards his speedy ransom . yea the (d) chronicle of brompton and others inform us , that the kings collectors wanting monies , after a double exaction of what they could scrape together from all parts , postrenis ut nulla vacaret occasio ad vasa sacra et utensilia ecclesiae ventum est ; ieaque per omnem anglica regni latitudinem sacri calices exactoribus regiis traduntur , vel paulo infra pondus redimuntur . vasa etiam alia , cruces praelatorum , anu●● cum auro de sanctorum fere●ris abra●o sunt conflaia , * nec erat hoc secundum patrum decreta illicitum , cum urgen●tisimus necessiiatis ar●●enlus instaret . nec ulla erat distin●●●o ( in this necessity ) clerici & laici , secularis & religiosi , rustici & urbani , s●à omnes indifferenter juxtà substantiae suae vires vel redditum quantitatem pro redemptione regia portionem suam solvere cogebantur . privilegia , praerogativae , iunnunitates ecclesiarunt tunc silebant penitus et vacabant . omnis enim dignitas & libertas os suam oppilabat . cisterciensis quoque ordinis monachi , qui ab omni exactione regie hactenus immunes extiterant , tantò magis tunc onerati suerant , quantò minus antea publici oneris senserant gravitatem . exacti quoque & conctilanam suarum ovium resignarunt . and should not our bishops and cathedral men now for and towards his majesties most glorious redemption , and his three whole kingdoms ransom from near twelve years exile and captivity , and for the future settlement of our churches , kingdoms , in sound and lasting peace , in pursuance of his majesties most gracious declarations and engagements at breda , and the generals parliaments engagements before his happy return into england , to give competent satisfaction to purchasers of their lands , not only part with their antient treasures , chalices , miters , crosiers , church ornaments , copes , but likewise with their late alienated temporalties and revenues for competent terms of years of lives , reserving the antient , or an improved rent , rather than violate the publick saith , peace of the king , kingdom , parliament , oppugn his majesties royal commands , the lords , commons , parliaments , souldiers and peoples desires , by unreasonable demands , or indiscreet , covetous and violent proceedings , against purchasors and tenants , which may indanger if not demerit the forfeiture , reseisure , and new sales of all their lands and temporal revenues in case of obstinacy and dis-satisfaction herein ? the rather , because our bishops by the laws of england , before the statute of 1. iac. c. 3. and other restraining acts , might with the consent of their deans and chapters , not only lawfully lease their lands for how many years or lives they pleased , but likewise alien and sell the inheritance thereof , or charge them with what rent-charges they pleased , especially by the kings consent , ( as the grant of a rent-charge out of the glebe of a parsonage by the patron or ordinary in time of vacancy , or of the parson , patron and ordinary joyntly to a layman , shall bind the successours in perpetuity ) as is evident by the statutes of 37 h. 8. c. 16. 1 jac. c. 3. 33 h. 8. c. 31. littleton , sect . 648. cooks 1. institutes , f. 343 , 344 , 44 , 45. and many other lawbooks . not to adde many presidents to those forecited in so clear a case , it is registred by bishop * godwin of iohn v●sly bishop of exeter in king edward the 6th . his reign , that of all the bishops of the land he was esteemed the best courtier , being better liked for his civil behaviour than his learning , which in the end turned not so much to his credit , as to the spoyle of his church , for of twenty two lordships and manors which his predecessors had left unto him , of a goodly yearly revenue , he left but three , and them also leased out ; and where he found 13. houses and palaces ( too many by 12. for any one apostolical bishop ) well furnished , he left only one house , bare and unfurnished , yet charged with sundry fees and annuities ; whereby this bishoprick , which sometime was accounted one of the best became in temporal lands one of the meanest . if then our bishops and cathedral men themselves may thus alienate , sell , charge , exchange their temporal lands and possessions , or lease them out to their wives , children , kindred , courtiers , friends , without sacrilege or impiety ; no doubt the king , temporal lords and commons in parliament , may much more alienate , lease , charge them upon any publick necessity , for the kingdoms ease , peace , settlement , after so many years wars and revolutions , without any sacrilege or injustice , all circumstances duly considered . 8ly . that the lands formerly given to abbies , priories , monastries , templers , hospitalers , and other religious orders , were dedicated to god and the church , with greater ceremonies and solemnities , ratified by more charters , confirmations of our kings and parliamentary councils , and by more solemn anathemaes , curses , excommunications , then any lands setled on bishops , deans , chapters or cathedrals , as the charters themselves yet extant , and our (g) histories resolve beyond dispute : yet our kings in all ages before and since the conquest , have not only seized their temporalties in times of war , but likewise detained them in their own hands , to their own use , and given them to their officers , captains and souldiers , by way of pay or recompence for their salaries , and that both before and since the conquest , as the emperors of germany , and kings of france , spain , hungary , poland , denmark , sweden , russia , have frequently done , and that of late years too , as well as antiently by the iesuits perswasion , who affirm it to be lawfull , and iustas esse causas monasteriorum fundationes in meliores usu● convertendi jam pontifex , caesar , episcopi , principes judicarunt et verbis et factis , data sunt monasteria in belli sumptus , data multa episcopis , data ad seminaria , data parochiis , as alphonsus de vargas , relatio de stratagem , iesuiticum , c. 49. relates their words , which he amplifies from c. 43 , to 54. i shall instance only in some few domestick presidents . beored king of the mercians , in the years of christ 870. and 871 , when the invading barbarous danes , plundered , sacked , burnt sundry monasteries , and the mannors belonging to them , putting the monks and abbots they met with to the sword , as well as others , without discrimination , seized upon divers monasteries and their lands , retaining most of them in his own hands , and giving the residue of them to his commanders and souldiers , for the better maintenance of his wars and forces against the danes , for defence of the kingdom and people , against their invasions , thus recorded by (h) ingulphus abbot of croyland . b●orredus autem rex merciorum hoc intermedio cum britonibus occupatus , qui crebris eruptionibus occidentalem partem regni sui merciae inquietabant , audiensque , danos plagam ejus orientalem plaga miserabili percussisse , venit londonias : & contracto maximo exercitu , pertransiens per regni sui plagas orientales , totam heliensem insulam fisco suo applicavit : procedensque in patriam girniorum omnes terras de medeshamstedensi monasterio in manum suam cepit , scilicet quicquid inter stanford , huntingdon , & wischect dicto monasterio dudum pertinuerat ; remotiores vero terras sparsim per patriam jacentes stipendiariis militibus exercitus sui assignavit : id secit de terris monasterii s. pegae de reifir● , quasdam sibi retinuit , quasdam militibus suis dedit : id fecit etiam de terris monasterii gutblaci de croyland , quasdam stipendiariis militibus distribuit , quasdam sibi confiscavit . et licet venerabilis pater godri●us saepius repetendo penes regem & ministros suos multos sudores consumeret , & chartas donatorum , regumque confirmationes una cum suo proprio chirographo saepissime offenderet : nihil semper nisi vacua verba reportans , demum de negotii sui proposito penitus desperabat . cernens itaque malitiam temporis nimiam , & malitiam regis terrarum cupidissimam , statuit tandem secum hujusmodi regias donationes surdo tempore petransire , ac usque mel●ora tempora succederent , deinceps sub silentio dissimulare ; laetus nimium , & exultans , quod totam circumjacentem insulam liberam , & ab omni exactione regali absolutam multum specialius sibi , quam multis aliis monasteriis tunc contigerat , regia gratia concessisset . recesserunt ergo illo tempore de dicto monasterio croyland , & usque ad praesentem diem non redierunt illae possessiones : scilicet manerium de spalding , datum adelwulpho comiti , cum omnibus pertinentiis suis ; manerium de deping , datum langfero militi , & panetario reg cum omnibus pertinentiis suis ; manerium de crox●on , datum f●rnodo militi , & vexillario regis , cum omnibus pertinentiis suis ; manerium de kirsoton & kunerby in lindefie , cum omnibus pertinentiis datum comiti turgoto . bufenha●e vero , & halington tunc fisco appropriata , postea per industriam domini turketuli abbatis croyland , & donationem piissimi regis edrad restauratoris dicto monasterio fuerant restituta . similiter omnes caeterae teriae aliquando croylandiae pertinentes , quas rex b●orredus cisco suo assumpserat , scilicet , quarpelade , su●turton , langtoft , baston , repingale , nirfby , draiton , chirning , glaphtorn , adington , standon , & badby , per gratiam inclyti regis edredi , & diligentiam abbatis turketuli croylandiae ( who redeemed them with very great sums of money , whith he mentions p. 878 , 879. ) reddebantur . transiens tunc rex b●orredus cum sito exercitu in lyndes●e , latissimas terras monasterio de bardney dudum pertinentes fisco suo accepit ; immotas vero , & in diversis patriis * divisas jacentes , militibus suis dedit . besides , the same [i] ingulphus records , that in the 6. year of king edward the confessor , ( though a great patron of abbots , monks and monasteries ) anno dom. 1048. wulgat abbot of pegeland , by sundry sutes in the kings courts of justice , not only lost the site of his monastery , but after that , all the mannors and lands formerly given thereunto , after the abbot of burge hath recovered the former site of the monastery , and enforced him to rebuild the abby in another place . illo in tempore venerabilis pater dominus wulgatus abbas pegelandiae diutissimam calumniam passus ab abbatibus burgi elfino , a●wino & leofrico , abbatiae suae sedem amittens tandem succubuit , & ( proh nesas ) totum situm monasterii sui judicio regalis curiae perdidit . tantum tunc potuit super justitiam pecunia , contra veritatem versutia , & in curia regis hardecnuti comitis godwini potentia . cumque praedictus abbas wulgatus amisso situ monasterii sui , juxta proximi fluvii crepidine● weland nomine , in suo manerio magis vicino de northamburgt fundamenta novi monasterii jecisset , & illuc abbatiam suam transferre disponeret , ecclesiamque ac dormitorium cum caeteris claustralibus officinis , adjutus multorum fidelium eleemosyuls reaedificare non segniter insudaret , fernotus miles , & dominus de bosworth dictum manerium de northburt datum fuisse de progenitoribus ejus monasterio sanctae pegae , & monachis ibidem deo servientibus ex abbatis propriis chirographis patenter ostendit . unde consequenter allegavit , quod cum deo & sanctae pegae abbas wulgatus & monachi sui à modo ibidem non servirent , dictum manerium à modo non haberent . acceptatum est hoc à regis justitiario , & confestim adjudicatum est dictum manerium de northburt cum omnibus suis pertinentiis praedicto militi fernoto , & tanquam jus suum haereditarium , de monachis ecclesiae sanctae pegae alienatum perpetuò & sublatum . quod cum per universum regnum citius fuisset cognitum , scilicet abbatem de peikirk prius amisisse monasterium suum , & consequenter manerium ad monasterium quondam pertinens ; similiter edmerus miles & dominus de holbrok calumniam movit contra eundem abbatem & monachos suos de manerio suo de makley ; & horsingus de wathe calumniatus est & pro manerio suo de badington ; & siwardus comes de manerio suo de bernack ; & hugolonus thesaurarius de manerio de helieston ; & alii plures de aliis maneriis dicto monasterio dudum pertinentibus ; & omnes eadem ratione in dicta causa contra monachos obtinuerunt ; & tam de maneriis , quam de monasterio suo dictus abbas de peikirk & monachi sui nequiter ac crudeliter ejecti sunt : ut nunquam alicui veniat damnum solum . cum itaque abbas wulgatus & conventus suus , monachi scilicet 18. sic de monasterio destituti vagabundi & in proximo dispergendi in omnem ventum pro extrema miseria fluctuarent : misertus eorum piissimus rex edwardus omnes in suam curiam suscepit , & usquequo eis provideret , , suam capellam , ac aulam quotidie frequentare imperavit . if then lands formerly dedicated to god and monasterial churches , may thus be taken away and recovered from them by law , without sacriledge or injustice ; they may by like reason upon most occasions be alienated and taken from them by the king , parliament , and temporal lords . (k) gualther mapes , and (l) mr. cambden out of him inform us , that in king edward the confessors reign , godwin earl of kent having a design to gain the manor of barkley in gloucester-shire to himself , belonging to a nunnery there situated where the castle now stands , passing by the nonnery , left his nephew , a very beautifull and elegant young man in the nunnery , who lodged therein so long under pretext of sickness , that with his costly gifts , beauty and courtship , he so far corrupted the chastity of the abbesse and nuns , ( who attended him by turns ) that he begat and left them all great with childe , and turned these lambs into wolves . after which posting thence to earl godwin , and acquainting him therewith ; he thereupon informing the king that the abbesse and all the nuns were pr●stituted strumpets , and great with childe ; the king issued a commission to enquire thereof , and finding it to be true , the nuns were cast out , and the manor given to earl godwin , who begged it of the king , from whom it came to the barons of barkly , who have enjoyed it as the head of their barony for any generations , without any sacriledge or impiety . by the common law of england our kings in all ages by their prerogative royal in times of war , danger , and upon sundry other occasions have seised the lands , benefices , rents , revenues , monies , goods of priors , abbots , monks , and other ecclesiastical persons , who were aliens to their own uses , without sacriledge or impiety ; as is evident by the fine rolls of 23 e. 1. m. 1 , 2. claus . 23 e. 1. dors . 4. cl . 24 e. 1. m. 11. claus . 25 e. 1. dors . 12 , 20 , 22. claus . 20 e. 2. dors . 9. rot. fin. 20 e. 2. m. 9. rot. fin. 14 e. 3. m. 11 , 12 , 18 , 19 , 20 , &c. cl . 15 l● . 3. pars 3. dors . 6. rot fin. 16 e. 3. m. 26. cl . 19 e. 3. pars 1. m. 17. rot. fin. ●3 e. 3. m. 26. and sundry other 〈◊〉 and cla●s● roll , in t●● tower , ●y sundry (m) parliament l●o●ls , and our (n) l●●w●ooks too . and upon the commons petition in the parliament of 2. h. 4. (o) the prior aliens lands we●e not only ●ei●ed into the kings hands , but likewise sold and ahea●red into lay-mens hands , to maintain the wars against the french and welshmen . to pre●e●mit all particular seisu●es , alienations , sale , substractions of abbots , priors , monasteries , and religions persons lands , mentioned in our histories and record , the respective parliaments of 27 h. 8. 31 h. 8. c. 1● . 37 h. 8. c. ●1 e. c. 14 by several acts ( collected by rastall , title , monasteryes ) upon mr. fish his supplication of beggars , several petitions and complaints of the commons , and inquisition taken upon oath , and returned into the exchequer of the sodomitical , adulterous , incontinent , vitious lives of abbots , monks , nuns , and other religious persons , remaining on record in the exchequer , published at large by iohn speed in his history , weaver , and (p) others , totally suppressed all monasteries , prio●ies , nunneries , cells , and other religious houses , and setled the inheritance of all their lands , rents , revenues , possessions whatsoever in the crown of england , and that without any sacriledge , impiety or injustice ; never since resumed , nor ever likely to be restored to them in succeeding ages , being for the most part alienated , sold and distributed by our kings into the hands of the nobility , gentry , commonalty and corporation , of the kingdom ; and into the hands of all or most of the archbishops , bishops deans , chapters , prebends , colleges in england & ireland ; who repute it neither sin , nor sacriledge in themselves to receive , detain , enjoy these monastical lands and possessions ; out of whose spoyle ; the bishopricks deans and chapters of glocester , ch●t●r , oxford , peterborough , and westminster it self were first erected by parliaments and statutes of 31 h. 8. c. 15.33 h. 8. c. 31 , 34 , & 35 h 8. c. 12 , 15 , 17. and the letters patents of king henry the eight , under his great seal , translating the conventual churches of bristol , glocester , oxford , peterborough , and vvestminster into cathedral churches , and sees of bishops , and the abbots , priors , covents of these churches into bishops , deans , chapters , limiting the bounds of their diocesse , ( taken out of other antient bishopricks ) and granting them all their episcopal and ecclesiastical jurisdiction , as derived only from our kings , the supream heads of the church of england under christ , and to be exercised only in their names , stiles , rights , steeds by these bishops and their officers , as the statutes of 26 h. 8. c. 1. 37 h. 8. c. 16 , 17. 1 edw. 6. c. 2. 1 eliz. c. 1. 5 eliz. c. 1. 8 eliz. c. 1. and their very patents resolve us ; not by any real , or adherent divine episcopal jurisdiction derived to them immediately from christ himself . if then it were neither sac●iledge , impiety , nor injustice in these parliaments and our kings , to take away , sell , alienate these lands and revenue , of priors , monks , monasteries , and divert them from their primitive uses , as our bishops , dean , and chapters must grant as well as others ; or else renounce resign most of the temporalties , rents , appropriations and revenue , they now enjoy , originally belonging to monasteries ; then by the self-same reason , it can be no sacriledge , impiety or injustice , for the king , lords , commons and parliament upon the like grounds and considerations to take away , sell , alienate the temporal land , of bishops , deans and chapters , if they offend , or obstinately refuse to give the late purchasers of them competent satisfaction , for the kingdoms peace and tranquility , upon their commands and votes . 9ly . that is evident by our (a) histories , records , leager-books , that all or most of the manors , lands , tenements in england and wales , now in the possession of the king , queen , nobility , gentry , and commons of england , have heretofore in some age or other been solemnly consecrated , devoted , and given by their ancestors to some cathedral , or collegiate church , abby , p●io●y , nunnery , cell , religious house or other , or else (b) by art , fraud , monyes vested in and setled on them in perpetuity as the churches patrimony ; yet notwithstanding they have been alienated , substracted or taken wholy from them in successive ages , and the inheritances of them setled in our kings , nobles , gentry and yeomanry , without any scruple of consciences , or real or imported guilt of sacriledge . from whence it inevitably followeth , (c) that is the greatest part of all the temporalties , lands and revenues which our archbishops , bishops , deans , chapters , prebends , abbots , priors , monks , templars , hospitallers , and other ecclesiastical or religious persons , formerly enjoyed by as good right , title , in law , conscience , as those now or any of them yet enjoy them , might be lawfully alienated , or justly taken from them by our kings , parliaments , and temporal lords , and may be still detained from them by the purchasers of them , their heirs or assigns , without sacriledge , impiety , or injustice ; then by the self same reason , the lands and temporalties they lately possessed or yet possess , may upon any publick necessity or just occasion be alienated , sold and taken from them by our kings , parliaments , lords and common , without the guilt of sacriledge or impiety ; so as there be a competent maintenance left for the evangelical ministers , bishops and pastors of parochial churches , for the instruction , edification and salvation of the peoples souls committed to their charge ; there being the self-same * reason of sacriledge , and no sacrilege , in alienating , substracting , selling , detaining the major part of their lands & temporalties as of the minor : or else if it be real sacriledge to alienate , sell , detain any parcels of lands or temporalties , formerly given by our antient parliaments to others , or vested in the church or church-men ; then all our kings , parliaments , nobles , commons , must be actually guilty of these sins ; and as far forth obliged in justice , conscience , to make full restitution of all church-lands whatsoever , formerly alienated or substracted , as the late purchasers of bishops and cathedral lands , and then the whole kingdom , or farre greatest part thereof , must henceforth become the churches and church-mens patrimony , and our kings , nobles , gentry , commonalty of all degrees , their mere homagers , vassals , farmers , and tenants at sufferance ; the antiquity of former alienations , sales of church-lands by our ancestors , if sacrilegious and impious , rather aggravating , than extenuating the crime ; but no wayes justifying the legality thereof ; it being a maxime in our law , (d) quod ab initio non valet , tractu temporis non convalescit , and a principle in divinity , that the (e) older any sin is , and the longer persevered in , the more execrable , and fit to be repented , redressed : and that (f) heirs , assignees , and successors are obliged to make restitution of sacrilegious rapines as well as the immediate authors of them . 10ly . that the dispensation and indulgence of pope iulius the 3d. himself , cardinal pole archbishop of canterbury his legate , upon the petition of all the bishops and clergy of england , though papists , and the memorable act of the whole parliament of 1 , & 2 philip & mary , c. 8. reciting them , and confirming all alienations , seisures , sales of the lands , manors , rents , revenues , goods , as well of archbishops , bishops , deans , chapters , prebends , cathedrals , as of abbots , priors , monks , and other religious persons and monasteries , made by our kings , or parliaments to the crown , and the purchasers of all and every of them , and their heirs , from the twentyeth year of king henry the 8th . till the first of queen mary , during their revolt and pretended scisme from the church of rome , and of all ordinations , presentations , ecclesiastical sentences and proceedings , for the publick peace , benefit , tranquility of the church and realm of england , and satisfaction of purchasors , may for ever silence our prelates and cathedral mens loud cryes against the sacriledge of the late sellers and buyers of bishops and other cathedral mens lands , and enduce them to give the purchasors of them full satisfaction by confirming their sales for a competent time . for which end i shall transcribe so much of that memorable act as concerns our present case and condition . we the lords spiritual and temporal , and the commons in this present parliament assembled , representing the whole body of this realm , reduced received by your majesties intercession to the unity of christs church , and the obedience of the sea apolike of rome , and the popes holyness governing the same , make most humble suite unto your majesties , to be likewise means and intercessours , that all occassions of contention , hatred , grudge , suspition and trouble , both outwardly and inwardly in mens consciences , which might arise amongst us , by reason of disobedience , may by authority of the popes holyness , and by ministration of the same unto us , by the most reverend father in god the lord cardinal poole , by dispensation , toleration , or permission respectively , as the case shall require , be abolished and taken away , and by authoritie sufficient these articles following , and generally all others , when any occasion shall so require , may be provided for , and confirmed . first , that all bishopricks , cathedral churches , hospitals , colleges , schools , and other such foundations now continuing , made by authority of parliament , or otherwise established , according to the order of the laws of this realm , sithens this scisme , may be confirmed and continued for ever . item that mariages made infra gradus prohibitos consanguinitatis , affinitatis , cognationis spiritualis , or which might be made void propter impedimentum publicae bonestatis , justitiae , or for any other cause , prohibited by the canons , only may be confirmed , and children born of those mariages declared legittimate , so as those mariages were made , according to the laws of the realm for the time being , and be not directly against the laws of god , nor in such case , as the sea apostolike hath not used to dispence withall . that institutions of benefices , and other promotions ecclesiastical and dispensations , made according to the form of the act of parliament , may be likewise confirmed . that all judicial processes , made before any ordinaries of this realm , or before any delegates upon any appeals , according to the order of the laws of the realm , may be likewise ratified and confirmed . and finally where certain acts and statutes have been made in the time of the late scisme , concerning the lands , and hereditaments of archbishopricks , and bishopricks , the suppression , and dissolution of monasteries , abbyes , priories , chauntries , colleges , and all other the goods and cattels of religious houses . since the which time , the right and dominion of certain lands , and hereditaments , goods and cattels belonging to the same , be dispersed abroad , and come to the hands and possessions of divers and sundry persons , who by gift , purchase , exchange , and other means , according to the order of the laws and statutes of this realm , for the time being have the same . for the avoiding of all scruples that might grow by any the occasions aforesaid , or by any other wayes or means whatsoever : it may please your majesties , to be intercessours mediatours to the said most reverend fathers , cardinal pole , that all such causes and quarrels as by pretence of the said scisme , or by any other occasion , or mean whatsoever , might be moved by the popes holynesse , or sea apostolike , or by any other jurisdiction ecclesiastical , may be utterly removed aud taken away , so as all persons having sufficient conveyance of the said lands , and hereditaments , goods and cattels , as is aforesaid , by the common laws , acts or statutes of this realm , may without scruple of conscience enjoy them without impeachment or trouble , by pretence of any general councel , canons or ecclesiastical laws , and clear from all dangers of the censures of the church . and conformable hereunto , the bishops and clergy of the province of canterbury have presented to your majesties a supplication in this tenour that followeth . nos episcopi & clerus cantuariensis provinciae in hac synodo more nostro solito , dum regni parliamentum celebratur , congregati , cum omni debita humilitate & reverentia , exponimus majestatibus vestris , quòd licet ecclesiarum , quibus in episcopos , decanos , archidiaconos , rectores , & vicarios praefecti sumus , & animarum , quae nobis & curae nostrae subjectae sunt , & earundem bonorum jurisdictionum , & jurium , ex sacrorum canonum dispositione , defensores et curatores constituti sumus , et propterea ipsarum bona , jurisdictiones , et jura in pernicioso hujus regni praeterito scismate deperdita et amissa , omni studio , & totis nostris viribus , recuperare , & ad pristinum ecclesiarum jus revocare , juris remediis niti deberemus : nichilominus tamen habito prius per nos super hac re maturo consilio , & deliberatione ingenuè fatemur , nos optimè cognoscere , quàm haec bonorum ecclesiasticorum difficilis , & quasi impossibilis esset recuperatio propter multiplices , ac pene inextricabiles super his habitos contractus , & dispositiones , & quòd si ea tentaretur , quies & tranquillitas regni facilê perturbaretur , & vnitas ecclesiae catholicae , quae jam pietate , & aucthoritate majestatum vestrarum hoc in regno introducta est , cum maxima difficultate suum debitum progressum ; & finem sortiri non posset . ideo nos bonum & quietem publicam privatis commeditatibus , & salutem tot animarum praecioso christi sanguine redemptarum terrenis bonis anteponentes , & non quae nostra , sed quae iesu christi sunt quaerentes , majestates vestras enixè rogamus , eisque humiliter supplicamus , ut reverendissimo in christo patri , domino reginaldo cardinali polo , ad ipsas & universum hoc angliae regnum sanctissimi domini nostri , domini iulii , papae tertii , & apostolicae sedis de latere legato , haec nomine nostro insinuare , & apud eum intercedere dignentur , ut in hiis bonis ecclesiasticis in parte , vel in toto arbitrio suo juxta facultates sibi ab eodem sanctissimo domini nestro papa concessas , eorundem bonorum detentoribus clargiendis et relaxandis publicum bonum privato ; pacem & tranquillitatem dissidiis , & perturbationibus , atque animarum salutem bonis terrenis prae●erre , & anteponere velit , nos enim in omnibus quae ab ipso legato statuta , & ordinata circa haec bona fuerint , exnune , prout extune , & econtra consensum nostrum praestamus , imo etiam ut in praemissis se difficilem aut restrictum reddere non velit , majestates vestrae nostro nomine cum hortari , & rogare dignabuntur . forasmuch as the said most reverend father the lord legate , at the intercession of your majesties , hath by the authoritie of the sea apostolike , sufficiently dispensed in the matters specified in the said several supplications , as in his said letters of dispensation is contained more at large . the tenour whereof ensueth . reginaldus miseratione divina sanctae mariae in cosmodin sanctae romanae ecclesiae diaconus cardinalis polus nuncupatus , ad serenissimos philippum & mariam , angliae reges , fidei defensores , & universum angliae regnum , sanctissimi domini nostri papae , & sedis apostolicae de latere legatus , eisdem serenissimis philippo & mariae regibus salutem in domino sempiternam . cùm supremum consilium istius regni parliamentum nuncupatum majestatibus vestris , per suos supplices libellos exposuisset , quòd perniciocissimo scismate , in hoc regno aliàs vigente , quod nunc dei mis●ricordia , & majestatum vestrarum pictate extinctum est , aucthoritatem ipsius parliamenti , nonnulli episcopatus divisi , & ex his aliquae inferiores ecclesiae , in cathedrales erectae , & scholae , atque hospitalia fundata , necnon plurimae dispensationes & beneficiorum provisiones sactae fuerunt , ac multae personae quibus persuasum suerat , iuris canonici dispositiones , hoc in regno amplius locum non habore : inter se in gradi●us consunguinitatis vel assinitatis de jure prohibitis , & aliis impedimentis canonicis f●●i obstantibus watrimonia , per verba de praesentii contraxerunt , & multi actus judiciarii , & processus , ram in primis , quam vlteriori us instantiis super rebus spi●itualitus , & ecclesiasticis coram iudicibus tam ordinariis quam delegatis , qui authoritate laicali procedebant , habiti & servati , ad super eis etiam sententiae ●atae , & promulgatae fuerunt , & bona ecclesiastica per deversas einsdem regui personas occupata , & apprehensa fuerunt . quae quidem licet ex sacrorum canonum institutis irrita declarari possent , tamensi ad alium statum , quam in quo nune sent , revocarentur , publica pax , & quies universi regni turbaretur , & maxima confusio oriretur , praesertim si dictorum honorum possessores molestarentur , & propteria majestatibus vestris humiliter supplicaverint , ut apud nos intercedere dignentur , at premissarum rerum firmitati , & stabilitati , & simul hujus reqni quieti , et tranquilitati de benignitate apostolica providere velimus . cumque episcopi quoque deinde , ac reliq●us provinciae canterburiensis clerus totum sere corpus ecclesiasticum regui representans , ad quos haec bonorum ecclesiasticorum causa maxime pertinet , expositerint , quod haec bona ad jus ecclesiarum re vocare non pessunt , cum pax universalis , et avies hujus regni turbetur , et causa fidei atque unitatis ecclesiae , jam toto omnium consensu hoc in regno introducta , in maximum periculum adducatur , et propterea ipsi quoque supplicaverint , ut apud nos intercedere velint , ut in his bonis ecclesiasticis possissorilus relaxandus restrictier difficiles esse nollemus , majestates autem vestrae , ad quas maxime spectat providere , ut regnum ipsarum potestati , regimini et curae commissum in pace et tranquillitate conservetur . his supplicationibus et postulatis cognitis et mature consideratis , judicaverint ea omnia , et maxime illa , quae in bonorum ecclesiasticorum causa petuntur , pro causa fidei et pro pace publica , per nos debere sine ulla dilatione concedi , et quemadmodum rogatae suerunt , apud nos intercedere dignatae fuerint , prout in supplicationibus per idem supremum consilium , et episcopos ac clerum praelatum majestatibus vestris porreois , atque in libello intercessi nis per easdem majestates vestras nobis simul cum aliis supplicationibus exhibito , latius apparet . ideirco nos qui ad majestates vestras , et hoc nobilissimum vestrum regnum à sanctissimo domino nostro iulio papa tertio ipsius et sedis apostolicae de latere legati missi sumus , ut regnum istud , quod jam diu ab ecclisiae catholicae unitate separatum fuerat , deo et ecclisiae christi , ejusque in terris vicario rereconciliaremus : et ut ea omnia quae ad pacemet tranquillitatem hujus regni pertinerent , omni studio procuraremus , postquam dei benignitate , et majestat●m v●strarum pietate , per authoritatem ejusdem sanctissimi domini nostri papae , cujus vices hic sustin●mus , reconciliatio jam facta est , ut paci et tranquillitati regni praesati consulamus , atque utunitas ecclesiae , ex qua salus tot animarum praecioso christi sanguine redemptarum dependet , hoc in regno jam introducta corroboraretur , et salva permaneat , cùm utrinsque rei stabilitatem in eo maximo consistere , si borum ecclesiasticorum bonorum poss●ssoribus molestia nulla inferatur quo nimus ea teneant , tot et tam gravia testimonia nobis fidem faciant , et majestatum vestrarum intercessio , quae pro unitate ecclesiae , et sedis apostolicae aucthoritate hoc in regno instauranda tam studiosè , & tam piè elaborarunt , eam quam par est aucihoritatem apud nos habeat , & ut universum hoc regnum sedis apostolicae maternam verè indulgentiam , & charitatem erga se agnoscat , & re ipsa experiatur : quoscunque ad quos infra scripta pertinent , ● quibusvis excommunicationis , suspensionis , et inter dicti , aliisque ecclesiasticis sententiis , censuris , & poenis à jure , vel ab homine quavis occasione vel causa latis , si quibus quomod●libet innodati existunt , ad effectum praesentium dumtaxat consequendum harum serie absolventes , & absolutos sore consentes , aucthoritate apostolica , per litteras sanctissimi domini nostri d. iulii papae tertii nobis concessa , & qua fungimur in hac parte , tenore praesentium dispensamus : 1 quòd omnes & singulae cathedralium ecclesiarum erectiones , hospitalium , et scholarum fundationes tempore praeleriti scismatis , licet de facto et nulliter attentatae in eo statu , in quo nunc sunt , perpetus firmae et stabiles permaneant , illisque apostolicae firmitatis robur adjicimus , it a ut non ea aucthoritate , qua prius , sedea , quam nunc eis tribuimus , fact● ab omnibus censcantur , et cum omnibus et singulis personis regnipraedicti , quae in aliquo consunguinita vel affinit atis `gradu etiam multiplici , vel cognationis spiritualie , 2 sen publicae honestatis justitiae impedimento de jure positivo introductis , & in quibus sanctissimus dominus noster papa dispensare consuevit , matrimonia scienter vel ignoranter de sacto contraxerint , ut aliqua impedimentorum praem●ssorum , non obstante corū matrimoniis sic contractis , libere , & licite remanere , seu illa de novo contrahere possint , misericorditer in domino dispensamus , prolem susceptam , suscipiendam legitimam , decernentes ; ita tamen ut qui scienter & malitiose contraxerint , à sententia excommunicationis , & ab incestus sue * sacrilegii reatu , absolutionem a suo ordinario , vel curato , quibus id faci●n●i facultatem concedimus , obtineant , ac omnes ecclesiasticas seculares , seu quorumvis ordinum regulares personas quae aliquas impetrationes , dispensationes , concessiones , gratias , & indulta , tam ordines quàm beneficia ecclesiastica , 3 seu alias spirituales materias praetensa aucthoritate supremitatis ecclesiae anglicanae , licet nulliter , & de facto obtinuerint , & ad cor reversae ecclesiae unitati restitutae fuerint , in suis ordinibus , & beneficiis per nos ipsos , seu à nobis ad id deputatos misericorditer recipiemus , prout jam multae receptae fuerunt , secumque super his opportunè in domino dispensavimus . ac omnes processus in quibusvis instantiis coram quibusvis judicibus , 4 tam ordinariis quàm delegatis , etiam laicis super materiis spiritualibus habitos & formatos , et sententias super eis latas , licet nulliter et de facto , quoad nullitatem ex defectu jurisdictionis praefato tantum insurgentem sanamus , illosque et illas aucthoritate apostolica confirmamus . ac quibusvis hujus regni personis , ad quarum manus bona ecclesiastica ex quocunque contractu seu titulo oneroso vel lucrativo jam devenerint , 5 illaque tenuerint , seu etiam teneant , omnes et quoscunque fructus ex eisdem bonis , licet indebitè perceptos , in totum remittimus et relaxamus : volentes ac decernentes , quòd dictorum bonorum ecclesiasticorum tam mobilum quàm immobilium possessores praesati non possint in praesenti , nee in posterum , seu per conciliorum generalium , vel provincialium dispositiones , seu decretales romanorum pontifioum epistolas , seu aliam quamounque censuram ecclesiasticam in dictis bonis , seu corundem possessione molestari , inquietari , vel perturbari , nec eis aliquae censurae vel poenae ecclesiasticae propter hujusmodi detentionem , seu non restitutionem irrogari vel infligi , & sic per quoscunque judices & auditores sublata eis , qua suis aliter judicandi & interpretandi facultate , & aucthoritate judicari & diffiniri debere , & quicquid secus attemptari contigerit , irritum & inane fore decernimus , non obstantibus premissis defectibus , & quibusvis apostolicis , ac in provincialibus , & synodalibus conciliis editis , specialibus vel generalibus constitutionibus , caeterisque contrariis quibuscunque . admonemus tamen cum divisio episcopatuum , & erectio cathedralium ecclesiarum sint de majoribus cansis , quae summo pontifici sunt reservatae , recurrendum esse ad suam sanctitatem , & ab ea suppliciter postulandum , ut haec confirmare , seu de novo facere dignetur . et licet omnes res mobiles ecclesiarum indistinctè iis , qui eos tenent relaxaverimus , eos tamen admonitos esse volumus , ut ante oculos habente divini judicii severitatem contra balthasarem regem babilonis , qui vasa saera non àse , sed à patre è templo ablata in prophano usus convertit ea propriis ecclesiis si extant , vel aliis restituant . hortante , etiam , & per viscera misericordiae iesu christi obsestantes cos omnes , quos haec res tangit , ut salutis suae non omnino immemores , hoc saltem efficiciant , ut ex bonis ecclesiasticis , maxime iis , quae ratione personatunm & vicariatuum populi ministrorum sustentationi fuerint specialiter destinata , seu aliis cathedralibus , & aliis quae nunc extant , inferioribus ecclesus curam animarum exercentibus ita provideatur , et earum pastores , personae et vicarii commodè , et honestè juxta corum qualitatem , et statum sustentari possint , et curam animarum laudabiliter exercere , et onera incumbentia congruè supportare . datum lambeth prope loudinum wintonien . diocess . anno nativitatis domini millessimo , quingentesimo , quinquagesimo quarto . nono cal. ianuarii pontif. sanctissimi in christo patris , et domini nostri , domini iulii , divina providentia papae tertii . anno quinto . reginaldus cardinalis polus legatus . we the said lords spiritual and temporal , and commons in this present parliament assembled , rendering most humble thanks to your majesties , by whose intercession and means we have obtained the said dispensations of the popes holyness by the most reverend father in god , his legate , most humbly beseecheth the same , that it may be ordained as followeth . and therefore be it enacted by the authority of this present parliament , that all and singular articles and clauses contained in the said dispensation , as well touching the establishment of bishopricks , and cathedral churches , as also the confirmation of mariages in degrees prohibited by the canons of the church , the legitimation of children , and the ratification of process , and of sentences in matters ecclesiastical , touching the invalidity of them for want of jurisdiction , and the institutions and destitutions , of , and in benefices and promotions ecclesiastical , dispensations , and graces , given by such order , as the publick laws of the realm then approved , and all other things before contained , in the said letters of dispensation , shall remain and be reputed and taken , to all intents and constructions in the laws of this realm , lawfull , good , and effectual to be alleged and pleaded in all courts ecclesiastical and temporal , for good and sufficient matter , either for the plaintiff or defendant , without any allegation , or objection , to be made against the validity of them , by pretence of any general councel , canon , or decree , to the contrary made , or to be made in that behalf . and whereas divers and sundry late monasteries , priories , commandries and late nunneries , deaneries , prebends , colleges , hospitals , houses of fryers , chauntries , and other religious ecclesiastical houses and places , and the manors , graunges , messuages , lands , tenements , rectories , tithes , pentious , portions , vicarages , churches , chapels , advowsons , nominations , patronages , annuities , rents , reversions , services , and other possessions and hereditaments to the late monasteries , priors , nunneries , commaundries , deaneries chauntries , prebends , houses of fryers , colleges , hospitals , and other religious and ecclesiastical houses and places , and to sundry archbishopricks and bishopricks within this realm , late appertaining and belonging , came as well to the hands and possession of the said king of famous memory henry the 8. father unto your majesty , our said soveraign lady by dissolution , gift , grant , surrender , attainder , or otherwise , as also to the hands and possession of divers and sundry other persons , and bodies politick and corporate , by sundry means , conveyances , and assurances , according to the order of the lawes and statutes of this realm . and where also divers manors , lands , tenements , and hereditaments , parcel of the possessions of archbishoprick and bishopricks , and many and sundry late deaneries , colleges , chauntries , rectories , prebends , free chapels , guyldes , and fraternityes , manors , houses , graunges , lands , tenements , rents , services , and other ecclesiastical possessions , hereditaments , goods , and cattels to the said archbishopricks , bishopricks , deaneries , colleges , chauntries , free chapels , rectories , guyldes , and fraternityes , late appertaining and belonging , or appointing , to and for the finding of priests , obyttes , lyghts , or other like purpose , came as well to the hands and possession of the late noble king edward the sixth , brother unto your majesty soveraign lady , by vertue of an act of parliament therof made , or otherwise , as also the hands and possessions of divers & sundry other persons , and bodies politick and corporate by sundry means , conveyances and assurances , according to the order of the laws of this realm : a great number of which said late monasteries , priories , nunneries , commaundries , deaneries , colleges , hospitals , prebends , chauntries , free chapels , guyldes , and fraternities , and the manors , granges , messuages , lauds , tenements , rents , reversions , services , tithes , pentions , portions , vicarages , churches , chapels , advowsons , nominations , patronages , annuities , and hereditaments , goods , and cattels , to the said monasterie● , nunneries , commaundries , deaneries , colleges , hospitals , chauntries , free chapels , guyldes , fraternities , and other ecclesiastical houses , archbishopricks , and bishopricks belonging , as well for great sums of mony , as for other good and reasonable causes and considerations , have been conveyed , and assured to diverse the subjects , and bodies politick of this realm , aswell by the said king henry the eight , the said king edward the sixth , and by your highnesse our soveraign lady , and joyntly by both your majesties , as also by diverse the owners of the said ecclesiastical possessions , which said conveyances and assurances by their sundry letters patents , and other writings more plainly do and may appear . forasmuch as the said most reveverend father , hath also by the said dispensations , removed and taken away all matter of impeachment , trouble , and danger , which by occasion of any general councel , canon , or decree ecclesiastical , might touch and disquiet the possessions of such goods moveables , lands , tenements , possessions , and hereditaments , as were of late belonging to any of the said archbishopricks , bishopricks , monasteries , priories , nunneries , commaundries , deaneries , houses of fryers , or other religious houses or places , of what nature , name , kind , or quality soever they be of . yet for that the title of all lands , possessions and hereditaments in this your majesties realm & dominions is grounded in the laws , statutes , and customs of the same , and by your high jurisdiction , authority royal , and crown imperial , and in your courts only to be impleaded , ordered , tryed , and adjudged , and none otherwise ; and understanding , that the whole , full , and most gracious intent , mind , and determination of your most excellent majestyes be , that all and every person and persons , bodies politick and corporate , their heirs , successour and assignes , and every of them , shall have , keep , retain , and enjoy all , and every their estates , rights , possessions , and interests , that they and every of them now hath , or hereafter shall have , of and in all and every the mannors , graunges , messuages , lands , tenements , tithes , pentions , portions , advousons , nominations , patronages , annuities , rents , revertions , services , hundreds , wapentakes , liberties , franchises , and other the possessions and hereditaments of the said monasteries , abbies , priories , nunneries , commaundries , deaneries , colleges , prebends , hospitals , houses of fryers , chantries , rectories , vicareges , churches , chaples , archbishopricks , bishopricks , and other religious or ecclesiastical houses or places , or of any of them within this realm , or the dominions of the same , by such laws and statutes as were in force before the first day of this present parliament , and by other lawfull conveyance to them thereof made . that it may be therefore enacted by the authority of this present parliament , that as well your majesty our soveraign lady , your heirs and successors , as also all and every other person and persons , bodies politick and corporate , their heirs , successors and assigns , now having , or that hereafter shall have , hold , or enjoy any of the scites of the said late monasteries , and other the religious or ecclesiastical houses or places , and all the said mannors , graunges , messuages , lands , tenements , tithes , pentions , portions , glibe-lands , advousons , nominations , patronages , annuities , rents , revertions , services , hundreds , wapentakes , liberties , franchises , profits , commodities , and other the possessions and hereditaments of the said late monasteries , abbies , priories , nunneries , commaundries , deaneries , colleges , prebends , hospitals , houses of fryers , rectories , vicariges , chauntries , churches , chapels , archbishopricks , bishopricks , and other religious and ecclesiastical houses and places , or any of them , of what name , nature or kind soever they be , shall have , hold , pos●ede , retein , keep and enjoy , all and every the said scites , manuors , graunges , messuages , lands , tenements , possessions , profits , commodities and other hereditaments , according to such interests and estates , as they and every of them now have or hold , or hereafter shall have or hold of and in the same , by due order and course of the laws and statutes of this realm , which now be , or were standing in force before the first day of this present parliament , in manner and form as they should have done if this act had never been had ●e made : this act , or any thing herein conteined to the contrary , in any wise notwithstanding . saving to you our said soveraign lady , your heirs and successors , and every of them , and to all and every other person and persons , subjects of this realm , and bodies politick and corporate , and to their heirs and successors , and to the heirs and successors of all and every of them , other then such whose right , title or interest is bounded or taken away , undone , or extinct by any act of parliament heretofore made , or otherwise , all such right , title , claim , possession , interests , rents , annuities , commodities , commons , offices , fees , leases , liveries , livings , pentions , portions , debts , duties , and other profits , which they or any of them lawfully have , or of right ought to have , or might have had , in , of , or to any of the premisses , or in , of , or to any part or parcel thereof , in such like manner , form and condition , to all intents , respects , constructions and purposes , as if this act had never been had he made . and that it may be further enacted by authority aforesaid , that all and every article , clause , sentence and proviso , contained or specified in any act or acts of parliament , concerning or touching the assurance or conveyance of any the said monasteries , priories , nunnerie , commaundries , deaneries , prebends , colleges , chantries , hospitals , houses of fryers , rectories , vicariges , churches , chaples , archbishopricks , bishopricks , and other religious and ecclesiastical houses and places , or any of them , in any wise concerning any mannors , lands , tenements , profits , commodities , hereditaments , or other the things before specified , to the said king henry the 8th . or king edward the 6th . or either of them , or any other person or persons , or body politick or corporate , and every of them , and all and every writing , deed and instrument , concerning the assurance of any the same , shall stand , remain , and be in as good force , effect and strength , and shall be pleaded and taken advantage of , to all intents , constructions and purposes , as the same should , might or could have been by the laws and statutes of this realm , in case this present act had never been had ne made . and that all feostaments , fines , surrenders , forfeitures , assurances , conveyances , estates and interests , in any wise conveyed , had or made to our said late sovereign lord king henry the 8th . or to our said late sovereign lord king edward the 6th . or either of them , or to any other person or persons , bodies politick or corporate , or to any of them , by deed or deeds , act or acts of parliament , or otherwise , of any of the sites , mannors , lands , tenements , possessions , profits , commodities or hereditaments , of any of the said archbishopricks , bishopricks , late monasteries , priories , nunneries , commaundries , deaneries , houses of fryers , colleges , chantries , hospitals , prebends , free chaples , or of any mannors , lands , tenements , revertions , services , tithes , pensions , portions , annuities , or of any other hereditaments , of , by or from any ecclesiastical or spiritual person or persons , or by or from any spiritual or ecclesiastical corporation , or body politick , shall be as good and available in the law , to all intents , constructions and purposes , as they were by the laws and statutes of this realm , standing in force before the first day of this present parliament : and that the same may and shall be pleaded , alleged , and taken advantage of , in such sort , and to such effect : as they should , could or might have been by the laws and statutes of this realm , standing in force before the said first day of this present parliament : and that all and every clause and article of saving , conteined in all and every the said acts and statutes , shall stand , remain and be in such force , strength and effect , as they were before the said first day of this present parliament ; any thing conteined in this present act to the contrary in any wise notwithstanding . and that it may be in like manner enacted by authority aforesaid , that whosoever shall by any processe obteined out of any ecclesiastical court within this realm , or without , or by pretence of any spiritual jurisdiction , or otherwise , contrary to the laws of this realm , inquiet or molest any person or persons , or body politick , for any of the said mannors , lands , tenements , hereditaments , or things above specified , contrary to the words , sentences and meaning of this act , shall incur the danger of the act of fraemunire , made in the 16. year of king richard the 2d . and shall suffer and incur the forfeitures and pains contained in the same . to which act i shall annex pope iulius his letters and reasons sent to queen mary anno 1554. for the granting of the forecited dispensation , which occasioned this statute . that all such as by just title according to the laws or statutes of this realm , for the time being , have any possessions , lands or tenements lately belonging to monasteries , priories , bishopricks , colleges , chantries , obits , &c. whether they have purchased them for their money , or are come to possesse them by gift , grant , exchange , or by any other legal means whatsoever , may retain and keep the same in their possessions , and have the same ratified and established unto them by the confirmation and dispensation of the sea apostolick . causes and reasons why such dispensations may be justly granted with honour and conscience . 1. the state of the crown of this kingdom cannot well be sustained to govern and rule with honour , if such possessions be taken from it : for at this day , the greatest part of the possessions of the crown , consisteth of such lands and possessions . 2. very many men have with their monies bought and purchased great portions of those lands , from the most excellent kings , henry the viii . and edward the vi. who , by their letters patents have warranted the same : of which lands and possessions , if the owners should now be dis-possessed , the king should be bound to repay unto them all their money ; which would arise to such an huge masse , that it would be a very hard matter for the crown to restore it . 3. the nobles and gentry of this realm , most of whom have sold and alienated their antient inheritances , to buy these new , cannot live according to their degrees , if these possessions should be taken from them . 4. the purchasors , or owners of such lands and possessions , in as much as they came to them by * just title , according to the ordinance of the kings of this kingdom , have held and do still hold a good and justifiable course in obtaining of them . 5. the enjoying of such lands and possessions , is so common unto every state and condition of men , cities , colleges , and incorporations , that if the same be taken from them , there will necessarily follow thereupon throughout the kingdom , a sudden change and confusion of all orders and degrees . 6. seeing the goods and possessions of the church , even by the authority of the canon laws , may be aliened for the redemption of captives , and that the same may be done by that church only , to whom such possessions do belong : it is fit and reasonable that such dispensations should be granted for continuing of possession already gotten , for so great a good of publick concord * , and unity of the church , and preservation of this state , as well in body as in soul. the consideration of this statute , letter and reasons of the pope himself , and our popish prelates , clergy in queen maries daies , may perswade our present prelates and cathedral men to the like moderation , candor and ingenuity , for the satisfaction of the king , parliament , purchasors , and preservation of the kingdoms , churches tranquility now and hereafter . finally , because there is now an extraordinary great clamour against sacriledge in most pulpits , new pamphlets , and in the commons house it self , by many who understand not truly and thoroughly what sacriledge is , i shall for a close of this appendix inform them . 1. that the word sacriledge ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) is only once and no more used in sacred writ , rom. 2. 22. what the apostle there means by committing sacriledge , and what this sin should be , both old and new expositors do very much disagree . i shall render them an account of 10. several opinions of expositors concerning it , who comment on this text ; neither of them suiting with that which now alone is declamed against as the sole and only sacriledge . 1. * origen , ambrose , and some others interpret sacrilege , the iews violating of christ the true temple of god , by crucifying him with their sins , stealing him out of the scripture , and denying christ , magno sacrilegio . 2ly . chysostome , theodulus , theophylact , peter martyr , & dr. willet expound it to be , the iews sparing of idols , and using of things consecrated to idolatry , out of covetousness , to their own private commodity , which by the law of god they should have destroyed ; which calvin and gualter mislike not . and peter martyr thence infers , potest quidem respublica & magistratus noster , ea quae superstitiosa sunt auferre , et corum pretia in usus pios et bonos convertere , without any sacriledge . 3ly . gorhan defines this sacriledge to be , the giving of divine worship unto idolls . 4ly . calvin and piscator expound it to be , the contempt of the divine majesty . 5ly . haymo informs us , that spiritual , sacrilege , est sacrorum verborum prevaricatio ; the praevarication of gods word : but according to the letter he defines it , sacrarum rerum surtum : verbi gratia : quisquis de the sauro ecclesiae , vel de substantia dei familiarium aliquid occulte abstrahit , sacrilegium perpetrat ; which extends only to goods , not lands , with whom lyranus , the syriack interpretation , & some popish commentators accord . 6ly . peter martyr , and lucas osiander interpret it to be , the buying and selling of the priests office , orders , benefices , bishopricks , as many have done , and still do , who are really guilty of sacrilege as well as symony . 7ly . paraeus and others expound it , of polluting gods service with iewish and humane inventions . 8ly . grynaeus understands it , of arrogating to their own merits , that which was peculiar to the grace of god. 9ly . peter martyr , applyes it to fly his sons , and such other priests who violently took away and appropriated to themselves the things offered and consecrated unto god. 10ly . primasius bishop of vtica in africk , ( st. augustine disciple flourishing in the year 440. ) in his commentary on this text resolves , * sacrilegivmest quod proprie in devm committitvr , qvasi violatio , vel praevaricatio mandatorvm , adding that the apostle in the next words , per praevaricationem legis deum inhonoras ; exposvit sacrilegivm : rhemigius and haym● concur in substance with him . and indeed this definition of sacriledge , that it is the breach or violation of the sacred law of god , is most agreeable to the apostles meaning and proper etymology of the word . hence laurentius de pinue a great canonist , and angelus de clavafio in his summa angelica , sacrilegium , derive and define sacrilegium , quasi sacrae legis lesio , a more proper etymology , than that of innocentius the pope , quasi sacriledium . now none of all these antient or modern expositors , define sacrilege , to be a taking away , alienating , or selling the lands of bishops , deans , abbots , priors , cathedrals , covents , or chapters , never intended by the apostle in those primitive times of the gospel , when the apostles themselves , and evangelical bishops in and immediately after their age , had neither silver nor gold , nor temporal lands or possessions , to take away , plunder , steal or alienate , as is evident by acts 3. 5 , 6. c. 4 : 34 , 35 , 37. 1 cor. 4. 11 , 12. 2 cor. 6. 10. and other texts , though now decry'd in presse and pulpit as the only sacriledge : when none of these other kinds of real sacriledge are once writ or preached against by them under the name or crime of sacriledge ; which savors more of passion than devotion , of avarice than prudence , of calumny then verity , of self-interest than christs interest . on whom we may retort that of * tertullian , in defence of the primitive christians against the pagans , who reputed them sacrilegious for not adoring their idols . tantum nos quos sacrilegos existimatis nec in facto unquam deprebendistis , nec in sacrilegio . omnes autem qui templa despoliant , & per deos jurant , & eosdem colunt , & christiani non sunt , & sacrilegi tamen deprehenduntur . but how are they found to be such ? to wit , by their sacrilegious crucifying and dishonouring christ through their sins , by wresting the scriptures , breaking the sacred law of christ , by contempt of his divine majesty , by polluting gods worship with humane inventions , innovations , superstitions , by buying and selling of orders , benefices , bishopricks and ecclesiastical preferments , and by mispending the temporal revenues of the church upon their own pomp , luxury , children , wives , kinred ; which in [a] st. bernards judgement is not only sacriledge , but likewise a dovble iniqvity ; which should cause them both to fear and tremble . 2ly . that the popish [b] scholemen and canonists themselves define sacrilege formally and properly , to be a quite other manner of sin than it is now reputed . formaliter & proprie , sacrilegium est illud peccatum , quod persona sacra agit contra ejus sanctitatem directè : that is , sacrilege is that sin which a sacred person commits directly against his consecration . as if a bishop , minister , monk , nunne , ( not lay man ) clergy man , commits adultery , fornication , drunkennesse , or any other sin whereby he pollutes his soul or body , which are the temple of god and the holy ghost , and members of christ , to the dishonor of his holy function , and that christian religion and holinesse he professeth . whence they resolve , omne peccatum quod committet persona ecclesiastica , matet raliter & quasi per accidens decitur sacrilegium : c unde dicit hieronimus ; nugae●n ore sucerdotis sunt sacrilegium . hence chrysologus serm. 26. thus determines . ebrietas in alio crimen , in sacerdote * sacrilegium , quia alter animam suam necat vinc , sacerdos spiritum sanc●itatis extinguit . salvian de providentia l. 8. and [d] bochelius , sacrilegii genus est dei odisse cultores . and pope innocentius , cited by alexander alensis , sum. theolog. tom. 2. quest . 171. m. 1. quid sit sacrilegium , resolves , committunt sacrilegium qui contra divinae legis sanciitatem , aut nesciendo committunt , aut negligendo violant & offendunt : which alensis acknowledgeth likewise to be sacrilege . and in verity the scripture it self resolves nothing else to be properly sacrilege under the gospel , but the violation of the sacred law of god , by bishops , ministers or christians , and poluting , profaning their souls and bodies ( which are or should be spiritual temples of god , and members of jesus christ ) with grosse and scandalous sins , as is evident by rom. 2. 22 , 23 , 24. thou that sayest a man should not commit adultery , dost thou commit adultery ? thou that abhorrest idols , dost thou commit sacrilege ? thou that makest thy boast of the law , through breaking the law dishonorest thou god ? for the name of god is blasphemed among the gentiles , thorough you . compared with the 1 cor. 3. 16 , 17. chap. 6. 15 , 16 , 17 , 18 , 19 , 20. know ye not that ye are the temple of god , and that the spirit of god dwelleth in you ? if any man defile ( or destroy ) the temple of god , him will god destroy , for the temple of god is holy , which temple ye are . know ye not that your bodies are the members of christ ? shall i then take the members of christ , and make them the members of an harlot ? god forbid . what , know ye not that he which is joyned to an harlot is one body ? for two ( saith he ) shall be one flesh . but he that is joyned unto the lord is one spirit . flee fornication : he that committeth fornication , sinneth against his own body . what , know ye not that your body is the temple of the holy ghost which is in you , which ye have of god , and ye are not your own ? for ye are bought with a price : therefore glorifie god in your body and in your spirit , which are gods. since then every violation of gods sacred law , and pollution of our souls and bodies , by fornication , drunkennesse , and other scandalous sins , is the only formal and proper sin of sacrilege , by the resolution of canonists , casuists , scholemen , fathers , and god himself in the gospel . and if as [g] st. ierom , bernard [h] alensis , & others determine , those bishops and church men , sacrilegium profecto committu●● , do verily commit sacrilege , who take the revenues and lands of the church , first given in frankalmoigne , to feed and relieve the poor and pervert them to support their own pomp , luxury , avarice , or to enrich themselves , their children , kindred or posterities ; i wonder our bishops and cathedral men , are so mute in declaiming , preaching , printing against these real sacrileges in themselves , and so clamorous only against that which really is no sacrilege in others . 3ly . the [i] canonists and [k] scholemen do generally define sacriledge to be committed 3. manner of waies . 1. ratione personae , as if any layman lay violent hands upon , hurt , wound , strike or abuse any ecclesiastical or religious person ( and why not likewise upon any king , or pious christian , if psal. 105. 14 , 15. zech. 2. 8. be canonical , on whom popes , prelates can lay violent hands , dethrone , murder , without any sacrilege ? ) 2ly . ratione loci , as when any [l] civil magistrate or other officer takes a thief , murderer , traytor , rebell , fugitive , malefactor , or person indebted , out of a church , chappel , churchyard , monastery , or other sanctuary , consecrated by a bishop , by force , without or against the bishops , abbots , ordinaries or parsons consent , ( and why not as well out of any tenement , glibe , house , or other lands belonging to bishops or church-men , or out of any hospitals , colleges , scholes , dedicated to pious uses ? ) 3ly . ratione rei , which is threefold . 1. auferendo sacrum de sacro , by taking a sacred thing out of a sacred place , as consecrated priests , nuns , vessels , vestments , utensils , ornaments , out of a consecrated church , chaple , sanctuary or churchyard . 2ly . auferendo n●n sacrum de sacro , by taking things not consecrated , as money , plate , goods , armour , amunition , cattle , hid or laid up in churches , chaples , chuch yards , monasteries , sanctuaries or malefactors out of them , or taking away any goods , monies , chattles from church men or religious persons . 3ly . auferendo sacrum de non sacro , by taking any person or things consecrated by a bishop out of a prophane place though a brothel , * tave●n , alehouse , inue , which consecrated prelates , priests , monks , overmuch freequented of late and [m] former times , as well in england , as in forein parts . now all these sacrileges as they have no real ground or foundation in gods word , tending only to secure the persons , goods of prelates , church men , and other ecclesiastical persons , and all kinds of traytors , malefactors , debtors , bankrupts , cheates , flying unto them and their churches for sanctuary , and hiding their goods within their precincts , to protect them from the kings and civil magistrates power , laws , officers , executions , as our own [n] histories , statutes and law-books resolve , in the several cases of thomas b●cket archbishop of canterbury , hubert de burgo earl of kent , iohn sa●age , and sundry others , ( see 50 e. 3. c. 6. 2 r. 2. c. 3. 21 h. 8. c. 2 , 7.4 h 8. c. 2. 26 h 8. c. 13. 28 h. 8. c. 7 , 13. 32 h. 8. c. 12 , 15. 2 e. 6 c. 2 , 13. 1 and 2 philip and mary c. 4. 1 mary c. 6. 5 eliz. c. 10 , 14 , 19 , 20. 13 eliz. c. 7. 14 eliz. c. 5. 18● eliz. c. 3. kelway f. 91 , 188 , 190 , 1 h. 7 , 10 , 23 , 29. stamford l. 2. c. 38 , 39. brook , and ash title sanctuary . ) so the bare alienation or ablation of bishops , abbots and cathedral mens lands , by our kings , parliaments , or clergy men themselves , fall neither within the words , nor intention of any of these sacrileges , extending only to [o] sacred persons goods and chattels , not to the sale of mannors , land● , tenements rents , temporalties of church-men , which is no sacrilege , either within the canonists or scholemens definition or division of sacrilege . 4ly . that [p] hostiensis and other canonists cited by him , inform us , that whoever doth any injury to ecclesiastical persons , commits sacrilege ; and not only so , but that it is sacrilege for any man to question or dispute the judgement or decrees of the p●pe , or to transgresse , dis-respect any publick laws , not to yield due reverence to the popes or bishops canons , to violate an holy-day , to imploy a jew in any office , or to oppresse any pious place or hospital under the patronage or protection of the church . but these things i presume our bishops and cathedral men themselves , will ingenuously confesse to be no sacrilege at all , notwithstanding the popish canonists and schole mens resolutions . and by like reason the kings or parliaments alienation or ablation of their supefluous or abused church-land , temporalties , must prove no real sacrilege , though some popes , popish canonists and scholemen , have concluded it to be so . 5ly . that [q] alexander alensis and others resolve , that it is sacrilege for any lay-men , with their families , cattle and goods , to be received , or enter into churches , chaples or churchyards , or to eat , drink and lodge in them , in times of peace : but if they do it in times of war and necessity , to preserve themselves against the enemies , in cases of eminent danger , ( as they did frequently during the * danish and norman invasions , and during our civil wars ) then it is no sacrilege at all : vbi est hujusmodi necessitas non est sacrilegium . if then the case of eminent danger , necessity and war will make that to be no sacrilege in this case , which otherwise would have been sacrilege ; then by the self-same reason , [r] the kings or parliaments ablations , sales of the lands of bishops , deanes , chapters , abbots , priors in times of war and publick necessity , to defray the vast debts and expences of the kingdom , will prove to be no sacrilege at all , by the definition of popish scholemen of old , yea of some late [s] iesuits both in germany and spain , as well as of iohn wickliff , iohn hus , and other fore-cited protestant divines and martyrs , concurring in judgement with them . finis . errata at the p●es●e . p. 3. l. 3.25 r. 43. p. 26. l. 6. almes , ● char●● p. 33. l. ●● , 〈◊〉 , r. praises . p. 36. l. 9. r. this is , p. 4● . l. 28. successors . 〈◊〉 l. 19. plancta . p. 49. l. 19. dominii . p. 50. l. 7. ●aica . p. 62. l. 31. excommunicate . p. 63. l. 5. lord. p. 65. l. 11. monks . p. 84. l. 4. officers , r affairs p 91. l. 9. most , r. just . p. 93. l. 16. iuherent . p. 94. l. 15. impated . p. 100. l. 2. praesenti . l. 26. relaxandi . p. 101. l. 16. minus . l. 29. consentientes . r. 101. l. spiritualis . p. 57. l. 38. edward 6. r. henry . p. 63. l 1. r. n●●● . margin . p. 48. l. 19. r. l. ● . l 20. r. anselm . glessarum hunagium . notes, typically marginal, from the original text notes for div a45227-e460 * quem dabis mihi de numero episcoporū qui non plus invigilet subd●●orum evacuandis marsupiis , quam vitus extirpandis ? ubi est qui orando flectat iram ? ubi est qui praedicet annum acceptibilem domino ? pauci admodum sunt , qui non quae sua sunt quaerunt . diligunt munera ; nec possint pariter deligere christum , qui a manus dederunt mammonae . bernard . sermo 77. super cantica . ‖ see grotius de jure bell. l. 3. c. 10. a acts 5. 42. c. 20 , 21 , 28 , 1 cor. 9. 14 , to 24. 2 tim. 4. 1. 2. rom. 15. 18. 19 20. mar. 16. 16. a eccles hist gentis auglorum , l. 3. c. 4. 28. l. 4. c. 3. b actus pontisicum cant. col . 1636 , 1637. c beda eccles. hist. l. 1. c. 27. spelman . concil . p. 96. surius concil . tom. 1. p. 359. d spalato de repub. eccl. l. 9 c. 7. 2. 36. bernard super cantica sermo 77. & goncio ad clerum in concilio rhemensi . e gervasius dorob . actus pontif. cant. col . 1636 , 1637. & beda . f lu. 22 , 24 , 25 , 26. vidos omnem ecclesiasticum zelum fervere sola pro dignitate tuenda ? honori totum datur , sanctitati nihil aut parum , bern. de consid . ad eugenium . l. 4. c. 2. g 1 tim. 2. 1 , 2 , 3. h deut , 33. 26 , 27. notes for div a45227-e1990 [a] iohn fox acts & monuments , london 1641. vol. 1. p. 563 , 564. 565 , 566 , 587. * fox acts & monuments , vol. 1. p. 595. &c , an allegory upon the paschal lamb . a protestation , whereby he giveth light unto the reader , how the proposition aforesaid is to be understood , and addeth , that the goods of the clergy are not utterly to be taken away but in case they doe abuse the same . nabuchodonozor , ioas. ezechias . david . case of necessity . titus and vespasian . the example of christ paying of tribute . st. ambrose his mind . christ commanded tribute to be paid unto the emperor . paul appealed to the emperor . st. ambrose there in the 8. distinct daniel 2. st. augustine . magistrates , keepers of both laws . the duty of kings to punish the clergy . matthew 21. wisedom 11. an objection of the desire of other mens goods . st. augustine 14. quest . 4. 1 cor. 3. the clergy subject unto the emperor and king by means of their possessions . paschasius in 〈…〉 . cap. 〈◊〉 . the 〈…〉 the clergy . gregory writeth to the french queen . wicked priests the destruction of the people . st. gregory to the french king * beneficium propter affictum . when and how the title of any gift is l●st . it is lawfull for the civil rulers to correct the clergy . * who were very poor and had no lands nor temporalities mat. 8. 20. c. 19.27 . luke 8. 3. c. 9. 58 acts 3.3,5,6 . 1 cor. 4.9 , to 15. 2 cor. 6. 4 , 10. c 8.9 . phil. 2. 25. c. 4. 11 , to 20. * by the law of that age . * 2 tim 2. 4. mat. 10. 9 10. phil 3 id. 19. 20. 2 tim. 4 1● . luke 8. 7 , 14. the duty of kings . * as most do now . bishops conferred ●thes ●n unworthy persons mark 10. 21. to 31. c. 28. 34 2 tim 2.4 . a sin committed and acknowledge , doth render us more carefull . the lord prelates have the fourth or third part of the revenues of this kingdom . note . note . st. ambrose . the selling of gold and silver vessels and vestments . the templers . * this argument is by way of retorsion . these lands being taken from the templers by the pope and clergies consents & solicitations . a 〈◊〉 end●wed 〈◊〉 . rom. 13. note . the fear least the whole possession of the kingdom of bohemia be dev●lved to the clergy , as in the rhene . the clergy unwilling to be subjected to the king. the abuse of gifts . dispensation . the wounds of a friend are better than the deceitfull kisses of an enemy . in the superiours of the kingdom , blind zeal , false mercy , and a consentaneous omission . note . note . obj. ans. note . the dominion of the clergy over the power politick . an excellent reason . leo the pope subjected himself to ludovick the emperor . the pride and tyranny of the clergy .. hildegardis prophecy . hugo de sa●am . part 2. note . notes for div a45227-e8560 (a) mr. fox acts and monuments , vol. 1. the preface to john hus his work , bishop jewel , dr. jo. white , bishop vsher , dr. fearly , ill●ri● . catalogus testium . veritatis , and others . (b) 1 tim. 5. 17 , 18. mat. 10. 10 1 cor. 9 4 , to 16. gal. 6.6 . h●b 7. 2 , to 11. (c) in the first & second part of a gospel plea for the tithes and setled , maintenance of the ministers of the gospel . london , 1656. (d) distinctio 80. (e) sentent . l. 4. dist 14. (f) antiq. eccl. brit. p. 7. (g) acts and monuments , lond. 1641. vol. 1. p. 138 , 139. (h) description of england l. 2. c. 1 , 2. (i) chron. part 7. p. 83. (k) history of great britain , p. 132. (l) de brit. eccl. primordiis , c. 5. p. 56 , 57 , 58 , 59 , 1●● , 101. (m) 〈…〉 a gen●●b is maximè introducta est , &c gratian 〈◊〉 . 21. (n) defence of the ap●l●g part 2. ch 4. divis . 2. (o) a discourse of the conversion of britain . p. 26 , 27. 28. (p) de brit. eccl 〈◊〉 p. 57 , 58 , 92 , 92 , 99 , 100 (q) subve●si●n of father pa●s●ns ● . c●nversions . (r) 1 con●il . t●m . 1. p 13 , 14. (s) ●●●●es hist●● . an. ●19 p. 33. (t) de donatione constantin● . (u) his defence of constantine . (x) de utra ●ue potestate , c. 21. (y) peli●h●●●●n . l. 4. c. 26. (z) dialog . l 4. ● . 15 , 16 , 17 , 26. (a) fox acts and monuments , p. ●17 , ●● . (b) answer to the pre●●●● of mr. moore p 116. (c) chron in vita sylvest . (d) sermon in hag. 1. ● . 1 ●●●sence of the 〈◊〉 part ● c. 9. divis 3. (e) reports of certain men , vol. 3. p 341. (g) the antipathy of the english lordly prela●y to monarchy and vnity , ch . 8 , & 9. a breviate of the prelates intollerable usurpations upon the kings prerogative royal , and subjects liberties , an. 1637. (h) surius concil . t●m . 1. p. 513. gratian distinct. 41. vt episcopus non longè ab ecclesia hospitiolum habeat . vt episcopus vilem supellactilem , & mensam , ac victum pauperem habeat , & dignitatis suae authoritatem , fide & vitae meritis quaerat . (i) spel●●anni concil . t●m . 1. p 261. (k) surius , t●m . 1. p. 525. gratian caus 2. qu. 7. caus . 13 qu. 1. (k) fox acts and monuments vol. 1. p. 529. 530 , 532. (l) fox acts and monuments , ●●nd . 1610 p 46 , 463. (a) see my supplementum ad flagellum pontisic● , &c. and my antipathy of the english lord●y p●●la●y , &c. ch 8. where most of their words are quoted at large (b) fox acts and monuments , vol. 1. p. 609 , to 618 , 622 , 642 , 653. 711 , 514 , to 522. vol. 2. p. 609 , 610. * cum vocave rit arichiepiscopatus . episcopatus , vel abbatia vel p●●natus in d●m . regis , esse 〈…〉 m●nes ●●●●i●us , scut dominicos ●e●ditus ●uos mat. paris , p. 9● , 9● . 〈…〉 . col . 〈◊〉 86. 〈…〉 , an. 11●4 a g●dwi●s cata●●gue of bish●ps , p. 52 , 53 , 55 , 56,57,58 , 59 , 76 , 81 , 83. 84 , 111 , 112 , 114 , 119 see malmesbury de ges●● , p●tisi●●● , 〈◊〉 radu●s de di●eto , chron. iohan. brompt . gerv. dorobe●n . actus pontif. cant. huntindon , hoved. antiq. eccl. brit. mat. westm. mat. paris , walsing . and others accordingly . b godwin . p. 559 , 587 , 598 , 599 , 607 , 608 , 623. tho. stubs , actus pontif. ebor. s●●● . dunelm , radulph . de d●ceto , malmesb. de gest. pontif. l. 3. flor. wig●rn . [a] godwin p. 1●3 , 184. 189 , 190 , 191 , 19● , 202 , 224,21● , 220 . 230,24● . 245 , 24● [b] godwin p. 255 , 256,261 , 262 , 264,265 , 266,275,277 , 279 , 281. [c] godwin , p. 294 , 295 , 297 , 308 , 3●9 . [d] godwin . p. 317 3●8 , 319 , 321 , 322,343 , 347 , 348. [e] godwin . p. 33● , 338.344 , 345 , 355,356 . [f] godwin , p. 3●4 , 3●5,368 , 3●0 , 383,385 , 3●● . [g] godwin , p. 396 , 398,420 , 421 , 429. [h] godwin , p. 439. 440,444 , 445 , 446 , 449. [i] godwin , 453 , 454 , 455,456 , 5●1 . [a] godwin , 484 , 485 , 486,487 , 488,452 , 496 , 501 , 502. [b] godwin , p. 512 , 514,530 , 536,558,547 , 549 , 531. [g] ma west an. 1020. p. 403. godw. p 931 , 643 , 647,65● , 652 , 663,656 , ●●● , 671 , ●85 , ●●● . [h] rastal advows●n 1 , 2 , concil . 5. late ranense , 2 can. 29. summa angelica benefictum . sect . 31. summa resella beneficiam , 1. * ingulphi hist. p. 896 , 908 , eadmerus hict l. 2 , 3 , 4. malmesbury , de gestis pontificum , c. 1. antiqu. eccles & godwin in auseb , spelman glossari●m , t it fidelitas , homagia ligeum & investitura ; and the first part of my brief register and survey of parli●mentary writs , p. 195 , to 207. where it is largely proved . chron. iohannis brompton , p. 1038 , 1039. co●ks 1. instit. p. 64,65 . * mat. paris , p. 96 , 97. * see rastals abridgement , title , provision and praemunire , & rome . * register of w●its , pars 2. p. 20 , to 70. fitz. nat. brev. and in the clause ●●lls . [a] will. malmesburiensis de gestis pontif , l. 1. c. 4. mat. westm. an 765 , 766 , 767,797 . evidentiae ecclesiae cantuar. col . 1212 , 1213 , 1214. spelmanni concil . tom. 1. p. 318 , to 334. antiq. eccles. brit. p. 26 , 27 , 28. godwin in the life of iambert chron. will. thom , col . 1774. [b] eadmerus hist. novor l. 1. 2. malmesbur . de gestis regum . l. 4. de gestis pontif. l. 1. p. 204 , 205. chron. iohan brompton , col . 962 , 968. gervasius dorob . actus pontif. cant. col . 1652 , 16●5 . radulsus de diceto abbreviationes chron. col . 412,490 . henr. de knighton de event . angliae . l. 2. c. 2. polychronicon . l. 7. mat paris , p. 13 , 14. mat. westm. an. 1070 , 1083 , 1089. hoviden , annal. pars prior , p. 453. antiq eccles. brit. & godwin in stigand & lenfrane , holinsh , speed , grafton , daniel . an. 1070. [c] eadmerus hist. n●v . l. 2 , 3 , ● , 5. & vita anse●m . ma●n●e●●●● . de gestis pontif l. 1. p. 210. to 230 mat westm. & hoveden an 1102 , 1104 , 110● . mat paris , p. 56. 57 , 6● . radulphus de di●e●o . abbrev. chron fol. 4●4,495 , 496. chron. iohannis brompton . col . 999. gorvasius dorobem actus pomsle . cont. col . 1658 1659. antiqu ecclesiae b●it . & godwin in anselm . mr tyndals practise of popish ●elates , p. 374 holinshed . vol. 2. p 21 , to 36. 469 , 472 , speed p 462 , to 473. f●x acts and monuments , p. 169 , 170. [d] neu●rigensis , l. 1. c. 10. radolfios de diceto abbrev. chron. col 509. gervisius darobernensis , col . 1330. 1363 , 1371 , 1666. antiqu eccles brit l. 117 , 118. holinshed , vol. 3 pl 57 , 59. godwins gatalogus p. 85 , 86. speeds history , p. 496 , 497. [e] mat westm. an. 1186 p. ●● 49 59. mat. paris . p 94. to 117 〈◊〉 annal p●●● p●s●●● p. ●91 . to ●3● . chron ●e●●●asii ●spa● ●●●3 , to 13●9 radul●hus de d●●to , ymogines hist col . 53● . 543 , 54● , 547. her●betus & i●han●es ●arn●●ensi● in ●i●a ej●● , gu● . neubr●ge●sis , hist l. 2. c. 16. anti●u . eccles. b●●t . p. 118 , to 1●● ho●inshed , p. 69 , to 81. 〈◊〉 . p. 80 , to 96. f●x acts and monuments , p. 186. to 200. speech h●st●ry p. 503 to 516. [f] mat. paris , p 264 an●i●u . eccles. br●t p 144. holinshed , p. 1●9 speed. p. 565. [g] mat. paris histor. p 26● . an●i●u eccles. brit p. 1●4 . h●linshed p. 169. sp●ed p. 565. [h] mat. pa●is . p. 213 , to 278. mat. westm. an. 1207 , to 1214. mr. tyndals practise of popish prelates p. 374 , 375. dr. ba●ns his supplication to king henry 8. p. 189. fox acts and monuments , p. 226 , to 234. antiqu eccles brit & godwin in stephen langhton , polychron●●●n , fabian , holinshed , grafien , speed in hen. 3. [i] mat paris , mat. westm. holinshed in h. 3. antiqu ecclesiae brit p. 191. g●dwin p. 114 , to 119. [k] mat. westm. an. 1294. 1295 , 1296 , 13●0 , 1●●● 1305 , 1036. wa●singham hist. angl. p 34 , 35,40,63 antiqu. eccles. brit p. 209 , to 213. holinshed , p. 301 , 302 , 313. godwin p. 125 , 126 , 127. fox acts and monuments . p. 320 , 321 , 337. bishop iewels defence of the apol●gy part 6. c 2. p. 521 , 522. cromptons iurisdiction of courts , ● . 19 , [l] walsingham hist. angl p. 136 , to 147. antiqu. eccles. brit. p. 236 , to 258. fox acts and monuments , p. 349 , 350 , 409. godwin , 13● , to ●●7 . speed , p. 699. holinshed , p. 161. [m] walsingham hist. angl. p 161 yp●digma neustri● , p. 132. antiqu. eccles brit. p. 275 , to 282 and godwin in his lif● . [n] walsingham p 261.262.263 . ypodigma , p. 139. antiqu. eccles brit p. 283 , to 295. godwin , p. 102 , 203 graftons chron. p 336. [o] antiq eccles. brit p 196 , to 300. holinshed , p. 475,476 . [p] rot. parl. an. 21 r. 2. n. 15. 10 17. exact abridgement of the record in the tower , p. 368. 1 h 4. re●●a●l . n. 33 , 48. wa●singham hist p. 397 , 403. polychion . i. ult . c. 8. holinshed , p 488 , to 514. antiq. eccles. brit p. 303. to 311. godwin , p 152 , &c. fox acts and monuments . p ●33 . &c. graf●●n , p. 390,391 . trussel . an 21 r 2. [q] holinshed p. 1091. 1093. cromptons iurisdiction of courts , fol. 12 , fox , vol. 3. antiqu eccles. brit. and godwin in his life [r] continuation of holinshed , p. 1322 , to 1329. martins chronicl . p. 654 , 655. [s] see sandersons history of king charles the first , and sir george paul in his life . [t] see my canterburies do●m , the parliaments iournals , and a collection of ordinances . [u] will. malm. de gestis pontif. l. 3 p. 260 , to 166 mat. westm. an 871. florentius wigorniensis . an. 677 , 691. thomas stubs . actus pontif eboracens●um , col . 1691 , 1741. simeon dune●m . hist c 9 & epistola de archiepiscopis ebor. col . 78. richardus hagustaldensis hist. c. 8. col . 294. rodolfus de diceto , abbrev. chronicorum , col . 440. chron. iohannis brompton , col . 792. antiqu eccles. brit. p 4 , to 19,74 . holinshed history of britain l. 5. c. 34,35,36 l. 2. c. 2. g●dw . catalogue of bishops , p. 560 , 561 , 562. hen. spelmanni concil . p. 146 , 14● , 149 , 157 , 161 , 162 , 163 , 178 , 179 , 200 , to 206. [n] malmesh de gestis pontif . l 3 p. 260. mat. westm. grafton , roger hoveden , and florentius wigoruien . sis , an. 951 , 952,953 thomas stubs , col 1699. holinshed hist. of england , l 6. c. 23. p. 158. godwins catalogue , p. 567. [o] eadmerus hist novor . l. 5. & 6. malmesbury de gestis pontif. l. 3. p. 274. 275. polych●onicon , l 6. c. 1● simeon dunelmersis h●st . col . 141 chronicon johannis brompton col . 1008. gervasius dorob . actus pontif . cantuar. col . 1661. thomas stubs , actus pontif . eboracensum , col . 1716. antiqu eccles b●i● . p 112 , 113. godw. cat p 5●9 , 580. holinshed , p 41 , 42 , 49. [p] gul. neubrigensis hist. l. 4. c. 17. mat paris p 146 , 147 , 212 , 212. mat. westm. anno 1207. chronicon johannis brompton . col . 1166 , 1169,1171 . thomas stubs , actus pontif. ebor. col . 1724. hoveden in ricardo ● . & johan . holinshed . p. 143 , 147.163 , 170. godw p 587 , 588. thomas stubs , actus pontif. ebor. col . 172● . godwins catalogue , p. 597 , 598. [r] walsingham hist. angl. p. 354 , 368 grafton , p , 458 , 460,463,464 . speed p. 748 , 749. trussel . godwins cat. p. 601,602 . l 1 r. 2. c. 1. 6 , 7. [s] walsingham hist. angl. p. 416 , 417. ypodigma neust , p. 168,170 . polychronicon , l. 8. c. 10. f. 326. caxton . part 7. 430. fabian , an . 611. 4. halls chronicle , part 1 f. 25. holinshed , p. 522 , 529 , 530. speed hist. l. 9. c. 14. p. 775. stow , martin , grafton , baker , in 6 h. 4. godw. p. 604,605,606 . [t] halls chronicle , anno 8 , & 12 e 4. f. 201,202,22● , 224 holinshed , p. 683,690 . grafton , f. 678,714 . speed , l. 9. c. 17 p 887. godw. p. 609 , 610 , 611. (a) mr. tyndals practice of pop●sh prelates , p 369 , to 376 halls chronicle . 21 h 8. ● . 18● , 185. 1●0 , 190. antiqu. eccles brit. 355 , to 37● . fox acts & monuments . p. 899. to 909. holinshed , p. 835 , to 930. hall , grafton , st●w , martin baker , and others in 21 , & 22 h 8. godwin , p 620. to 623 see the articles against him in cooks 4. institutes , c● 8 p. 89 , to 98. (b) mat. westm an. 1108 p. 86 , &c. mat. paris p. 217.218 , 214. polychron l 7. c. 33 fabian , pars 1. an. 1205. p 18. holinshed , p. 171 , 172 martins chronicle , p. 40 47 , 48. godwin , p. 194. henry de knyghton , de event . ang. l. 2. c. 14. (c) mat paris , p. 186 , ●8●,944 , 957. godwin , 194 , 125. (d) mat. westm. an. 1259 , 1165 , 1296. p. 182,330 , to 314. mat. paris , p. 961 , 970. godwin , p. 196. holinshed , p. 171. speed , p. 641. (e) fox acts and monuments , 1641. vol. 2 p 215,378.379 , 380 , 350,554.672 , to 699. vol. 3. p. 105,106 , 107,251 , to 284,759,8●9,878,974 martins hist p 453 holinshed , p. 1259 , 1260 godwin , p. 144. (a) mat westm , an 666 , p. 234. g●dw p. 13 ●●●● (b) mat. westm. an 110● , 1107. ● . 1●●●●2 , godw p. 1●●,170 . hol●n●h●d , p. 3. (c) will. malmesb. nov l. 1 , & 2. p. 178 , to 194 roger h●veden annal. paris p●ie● . p. 48● . 482 mat. paris . p. 71. to 76. mat. westm an. 1●5 , to 1150. gul. neub●●g hist. l. 1 c. 9 , to 11. h●linshe●●● 54. godw. p. 92 to 22● . 223 speed , p. 483 , 484 , 493 , 494. fox acts and monuments . p. ●81 . (d) mat. westm. an. 1243 , 1244 , p. 1●4 , 175,178,179 . mat. paris p. 788 , ●89 . 616 , 619. holinshed , 231 , ●32 . godw. p. 227 , 228. (e) mat. paris , p. 774,775 780 , 788 , 789 , 794 , 824 , 830 , to 834 , 847 , 890,900,904,90● , 946,9●9 . additamenta p. 215. 219. mat. westm. holinshed , daniel , speed , craften in h. 3. godwin p. 176.177 . (a) mat westm. an. 1265. 1266. mat. paris p. 951.970 972. godw p 177. holinsh●d 271. (b) antiq eccles brit. p. 286 , 287. godw. p. 231. (c) antiqu. eccles. p 286. 287. holinshed p 526. 527. godw p. 184 185. (d) fox acts and monuments ed. 1641. vol. 2 p. 711 to 740 vol. 3 16 , 40 1●3 527. holinshed p. 1154 to 1161. balaeus scriptorum brit centur. 8. sect 88. (a) william harrisons description of england l. 2 c 1 p 138. martins history . p. 452. 453. 454. bal●us cent. script brit. l. 9 sect . 97. (b) mat. westm an. 750 p. 273 hoveden annal. pars . prio , p. 402. (c) simeon dunelmensis hist. l. 3. c 9. col 34 malmesh . de gestis pontif l. 2 p. ●7● . mat paris . mat. westm an. 1096. p. 5. godwin , p. 632. (d) simeon dunelm . hist col . 200. mat. paris mat. westm. flor. wigorn. roger hov. an. 1069. 1070. 1071. godw. p. 636 , 627. thomas stubs , col . 176. henr. de knyghion , col . 2347. [e] malmesh l 3. hist. angl. p. 110 mat paris , an 10●5 . p. 9. hoveden annal pars prior , p. 95● , 9●5 . 956 godw p. 6●7 . to ●41 . simeon dune●m hist. ed. 208. 204 210 chron. iohannis breuspton , col 977. [f] malmesh . de gestis regum , angl. l. 1. p 120 , 121. de gestis pontif. angl. l. 3. p. 2●7 . mat paris , p. 13 , 14. mat. westm. flor. wigorn. hoveden , walsingham , ypodigma neustr. an. 1088 holinshed , p. 17 , 18 g●dw . p. 643 , 644. (g) mat. paris . p. 51 , 54. will. malm. de gestis pontif. angl. l. 3. p 277 , 278 , godwin , p. 645 , 646 , 647. simem dunelm . hist col . 59 , 1062. de gestis regum , col . 226. radulsus d● diceto , col . 499. chron. iohannis brompton , col . 909. henry de knyghton , de event . hist. l 3. c. 8. (h) holinshed history of scotland , p. 181. (i) chron. iohannis brompton . col . 1259. hoveden annal pars posterior , p. 615. holinshed , p 105. (k) henr. de knighton de eve●● . angl. l. 3. c. 5. godw , p. 521 , 522. (l) godwins catalogue , p. 524. (m) fox acts and monuments , 1610. p 1. 80. an●iqu . eccles . brit. godw p. 670. (n) rastals abridgement of statutes , title durham . cambden● brit. p. 736 , 741. holinshed , p. 1184. godwin , p. 533. martins history , p. 452 , 453 , 454. (o) practise of popish prelates , p. ●74 . (p) chroni●on ge● . col 1345. 1346. chron iohannis brompton , col . 1023 1●26 , ●0●7 . henry de knyghton . de event angl l. 2. c. 10. w. malm. hist nov. l. 2. p. 18● to 190. gul neubrigensis , hist l. 1. c. 6. mat. paris , mat. westm. hoveden , hygden , fabian , holinshed , gra●t●n . speed , daniel , fox in the life of king stephen , godwin , col . p 319 , to 322. (q) godw. catalogue of bishops , p. 281. walsingham , trussel , holinshed an. 1388. (r) fabians chronicle , part 7. an. 1050. p. 453. caxton , part 6 grafton , hall speed , martin , an. 1450. holinshed , p. 636. godwin , p 351. (s) mat westm. an. 873. godwin , p 926. (t) simeon dunelmensis hist flor. wigorn. mat. westm brampton anno 1052. godwin , p. 130. (u) mat. paris , anno 10●0 . p. 6 simeon dunelmensis , florentius wigorniensis ingul-malmesbury , hoveden , brompton in anno 1070. holinshed , p. 18. (x) ch●●●i●on iohannis brompton , 〈◊〉 10.7 . gal. neub 1 〈◊〉 , l. 〈◊〉 han●ingd●n h●st . l ● . p. 389 , 3●● . h●●e●●● . annal 〈…〉 mat westm , mat westm ●● 1●●● to 11●● fox acts and p 1●2 sp●●● , p. 4●8 , 4●● , 494. holinshed p. ●0 . godwin , p. 233 (y) mat. paris hist. p. 103 , 195 , 1●● . hoveden annal. pars ● ste●●●● . p. 756 , 777. holinshed p. ●73 riha●enira , fleu●●s des ●ies des saincts par . 2 p. 428. 429. w●ll●●s synop●●s papi●ini . con●s . 5. qu 5. p. 280 (z) mat. paris . hist. angll p. 22● , 288 ami●a eccles hist p. 149 fox acts and manu 〈◊〉 , vol. 1. p. 335. willets synopsis , p. p. contr . 5 qu. 3. p. 250. (a) walsingham hist. angl. anno 1320 , 13●7 . p. 101 104. 105. godwin , p. 303 speed. histo●y . p. 678 , 680 , 681. (b) martins history , p. 453. godwin , p 24● . antiqu. eccles . brit. p. 416 , 427. (c) rodulfus de diceto , abbrev. chronicorum , col . 508. mat. paris , p. ●4 . mat. westm. an. 1339. p. 36. godwin . p 201. henr. de knyghton , de event . angl l. 2 c 10. (d) mat. paris . p. 147. godwin , p. 202. rodulfus de diceto , martins hist. ecl . 677. (e) ch●●ni●●● iohannis 〈◊〉 . vl . 1.24 , 1217. h●●eden annal. p●●●● s●●●i●r , 〈…〉 7 ●● . ●18 , 719 , 720 , 735. mat paris . p 151 , 155. 156 15● . 162. &c. n●●●rig●nsis , hist. l. 4. c. 1● , 15 , 16 , 17 , 18. h●lins●●d . p ●●0 ● 1●3 . f●x acts and monuments p 114. ●●3 , ●●4 , ●ec● . 531 , ●●c . 〈◊〉 p 147 henry 〈…〉 ●ent . angl. l 2. c. 13. ch 〈…〉 . (f) mat westm mat. paris , an. 12●3 p. 217. 218. holinshed , p 171 , 172 , &c. godwin p. 291. henry de knyghton de event . angl. l. 2. c. 13. (g) mat. paris , p 906 , 941 , 969 godwin , p. 207. (h) godwin , p. 269. to 272. walsingham hist. an. 1318. p. 1●● ypodigma ne●sts . p 125 holinshed , p. 391. 392. antiqu eccles. brit p 271 , to 275 har●isons history of england l 2 c 1 p. 143 , 144. fox acts and monuments , vol. 3. (n) godw. p. 225 , 229 , 339. martins history , p. 453 , 454. (o) fabians chron. part 7. p. 181 , 182. holinshed , 338. 1305. walsingham hist. angl. p. 104 , 105. godwin . p. 330. (p) malmesh . de gestis pontif. l. 2. c. 12. p. 77. mat. westm. an. 1040. godwin , p. 436. (q) mat. westm , an. 120● . mat paris . p. 217. 232. walsingham ypodigma neustriae . p. 53. godwin , p. 362. holinshed , speed , grafton , an. 1208. in king iohn . (r) holinshed , l. 7. c. 15. p. 1851 , speeds history , p. 405 , 411. (a) malmesh . de gestis pontif. l. 4 p. 287 godwin , p. 473. (b) mat. westm. an. 1208 , 1215. godw. p. 375. (c) mat. paris , p. 881 , to 889 , 90● , 90● , 916 , 917 , 924 , 934. 960 , 961. holinshed , p. 251 , 252 , 1258. godw p. 375. (d) walsingham hist. angl. p 98 , 99 , 101 , 104. ypodigma , neustriae an. 1326 , 1327. holinshed , p. 329 , 339 , 340 , 1245. speed. p. 7730 , 680. antiq eccles. brit. p. 217 godwins catalogue , p. 232 , 233. cambdens britan. p. 575 my antipathy to the english lordly prelacy to vnity and monarchy , p. 55 , 56 , 265 , 266 , 236. (e) rot. parl. 1 h. 4. walsingham , hist. angl. p. 401. holinshed , p. 507 , to 510. speed , p. 763. grafton , how , baker , trussel , hall in r. 2. & h. 4. godwin , p. 378. (f) mat. westm. wigorniensis , mat. paris , malmesbury hoveden , chron. iohannis bromptou , huntindon . anno 1070. godwin , p. 383. (g) 11 r. 2. c. 6. walsingham hist. angl. an. 1388. p. 3●5 . grimston , holinshed , trussel , an. 11 r. ● . godw. p. 388. [k] 11 r. 2. c. 6. walsingham hist. angl. an. 1388 p 305. grimston , holinshed , trussel , an. 11 r. 2. godw. p. 388. [l] holinshed , p. 951. [m] godwin , p 390. and fox , vol. 2. [n] martins history , 452 , 453 , 454. antiqu. eccles. brit. in mat. parker , godwin , p. ●90 . [o] walsingham hist. p 278 , 319 , to 334 , 338. polychronicon , l. 7. c. 5. antiqu. eccles. brit. p. 248 holinshed , p. 442,443 . speed , p. 795 , 797. godwin , p. 350 , 357 , 352. exact abridgement of the records of the tower , p. 288 , 289 , 291 , 292,293 . [p] godwin , p. 952. [q] hill 25 h 8. coram rege , r●● . 15. godwin , p. 354. [r] roger hoveden annal. pars p●ste ●or . p. 734 737,752,776 . mat. paris , p. 180 mat. westm. anno 1198 p ●● . holinshed , p. 112 , 147 , godwin , p. 258. speed , p. 5●1 . [s] mat. westm. anno 1301. p. 419 walsingham , hist. angl p. c. 8. holinshed . p. 313. speed. p 667. godwin , p. 260 , 261. [t] godwins catalogue , p. 545. [u] malmesb. de gestis pontif. angl p. 231. godwin , p. 392 , 393. [x] malmesb. de gestis regum angl. l 2. c. 10. p. 60 mat. westm. anno 983. p. 379. antiqu. eccles brit p. 62. speed , p. 414. godw. p. 394. [y] halls chronicle , 25 h 8. s 2●8 holinshed p 936 937. 〈◊〉 cent. 〈◊〉 brit. cent. 〈◊〉 ●8 100 fox acts and monuments p. 95. 976 speed , 〈◊〉 9 , 1046. godwin p. 402. [z] godwin , p. 539. [a] godwin , p. 538. [b] godw p. 538 , 539. [c] trin. 36 h. 8. coram . rege , r●t . 9● godwin , p. 540. [e] godwin p. 360 , 361. [f] mat. paris p. 217. mat. westm. anno 1208. godwin edit . 2. p. 107 , 366. [g] halls chron. 2 r. 2. s. 25. speed p. 933. holinshed and lord verulam in h. 7. g●dwin edit . 2 p. 377 , 378. [h] brooks abridgment tit. praemunire sect . 21. [i] antiq eccles. brit. in mat. parker , martyns history p. 492 , &c. godwin p. 311. see the commons and lords journals august 4. 1641. [a] evidentiae eccles christi cantuar. col. 2207. to 2230. ingulphi hist. 853. &c. monasticon anglicanum , & spelmanni concilia . [b] evidentiae eccles. cant. col. 1212 , 1213 , 1214. spelmani concilia , tom. 1. p. 318 , to 334. [c] walsingham hist. angl p. 414 , 415,416 . ypodigmal neust●iae p. 166. antiq. eccles. brit. p. 307 , 308. holinshed p. 526. speed , p. 775. [d] walsingham hist. angl. p. 422. ypodigma neustrae p. 174. holinshed p. 536. fabian anno 1410. part . 7. ● . 386 , 387. * fabians ch●●n●cle , part 7. p. 30 39● . halls chronicle , 2 h. 5. 3●,36 , &c. holinshed , p. 545 , 547,583 . * halls chron. 22 h. 8 f 188 , 189 , &c. holinshed , p. 911 , 212 fox acts and monuments , vol. 2. 21 h. 8. c. 4 , 5 , 13. (g) 22 h 8. c. 15. (h) 37 h. 8. c. 16. (i) rasta's abridgement of statutes , title durham . (a) 〈…〉 , 2. ●an . 5. ca●●ha 〈…〉 ● . c. 32. ca●thaginense 5. ● 4 agath●n . 〈◊〉 ●5 su●nes & b●nius con●●● t●m 1. (b) ●erra●●us , c. ●● caus . 17. ●● . 4 and the cl●sses thereon , angelus de clavasi● . summa angelica & pa●●●sta t●oumalasum rosel●a , tit. alie 〈◊〉 iunocentius , parnent●n . with others the e cited . (c) dr. b●nes his works p 195 , 196. fox acts and monuments , vol. 2 p. 332. (d) rudulphi de diceto , imagines h●stor . col . ●0 . roger hoveden annal. pars poste● p 716 , 728. 731 , 732. mat paris in ri●h 1. an. 1193. (d) walsingham ypodigma p. 48. chron i●hannis brompton , col . 1250. higden , l 7. c. 28. henry de knyghton , de event . angl. l. col . ●108 . see holinshed . fabian , grafton , speed , daniel , baker in ri●h . ● 1. * nota. * catalogue of bishop● , p● 137. (g) beda , ingulphi historia , malmesbury de gestis regum & pontisicum angliae , mat. paris , mat. westminster , simaeon dunelmensis , radulfus de diceto , thom. stubs chronicon gervasil , chronicon johannis brompton , evidentiae eccles. christi cantuar. spelmanni concilia tom. 1. monasticon anglicanum . the legger books of most abbies , chartae antiq. and patent rolls in the tower. (h) historia francosurri 1601. p. 86● , 869 , 878 , 879. al. peiki●k . al militiam . al edredi . al. remotas . * al. iacentes div●sim . [i] historia p. 895 , 896. (k) de nugis curialium . (l) in his britannia glocestershire , p. 177 , 1●8 . see iohn bale his acts of english vo●●ries . (m) (n) (o) (p) see i●hn bale his acts of english ●otaries . see the patent rolls of 3● & 34 , & 35 , & 36 h 8. (a) beda , ●●gulphus , mat. westminster , mat. paris . simeon dunelm . thomas stubs , gervan●●us dorobernensts , ricardus hagustaldensis . spelmanni concil . tom. 1. monasticon anglicanum , antiqu. eccles. brit. godw. catalogue of bishops , ●v●dentiae ecclesiae christi cantuar. chartae antiquae , and the patents rolls in the tower. (b) magna char●n , c. 3● . 7 e. 1. rasta● m●rt main 2. 15 r. 2. c. ● . see brook and 〈◊〉 , tit. mat main , & abby● (c) see rastals a●●idgement tit. monasteries , 3● h. 8. c. 16. * is it be a real sacriledge to alienate any lands or houses formerly dedicated to religious , idolatrous or superstitious uses , as prel●tical clergy men assert , then ●ll such lands ought to be restored to their primative uses , or else none at all . (d) regulae juris . (e) 1 cor. 5. 7 , 8. col. 3. 9. 1. pet. 1. 18. (f) alexander alensis sum. theol. pars 4. quaest . 24. summa angelica , & summa rosella , tit. restitutio . 1 & 2 phil. & mary , ch 8. nota. the supplication of the clergy . nota. nota. nota. nota. the dispensation of the cardinal . 1 cathedral churches , hospitals and schools . 2 mariages and children . provisio . * such mariages defined sacrilege by this cardinal . 3 dispensation ; and privileges . 4 proces judicial . 5 possessors of church-goods . nota. nota. nota. nota. nota. nota. nota. nota. nota nota. dr. hackwells answer to carrier , p. 249 , 250. dr. burges his no sacrilege nor sin to alienate o● purchase cathedral lands , p. 52 , 53 , 54. note . * the henchers and lawers of both temples and lincolns-inne must hold so as well as other purchasors . nota. * mark this well . * see dr. wil●ets sixfold commentary on rom. 2. qu. 39. * the very heathens deemed this sacriledge , not to worship their gods. deos inquitis , non colitis , & pro imperatoribus sacrificia non impenditis . iraque sacrilegu , & majestatis rei invenimur . tertul. apolog . adv . gentes , & ad scapul . * ad sc●pulam , lib. & apolog. adv . gentes . [a] bernard super 〈◊〉 se●no . ●3 . time●n● epicopi 〈…〉 & minestis v● eclesia , qui in ●c●tu sanctorum qua● pesisdent●●m ●niqua gerunt , ut stipondus quae sufficerè coberet mini●● contenti , superflus quibus egi●● sustrutendi foro●● , imple sacriligoque sibi retineant , & in ●fu● 〈◊〉 superb●a & 〈…〉 : ●●ploci pros●●●o ●●quitate p●c●ante●● , quod & a●ena dirip●unt , & sicris in sais vanitaribus & turpitudi●ibus abutuntur . bernard de consideratione , l. ● . o m●●●randa● spons●●●●alibus 〈◊〉 pa●anymphr● , qui assignata 〈…〉 proprio ●●tine . ●o quos●●s ●●u ●e●centur . [b] petr●● lombar●us , sent. l. ● . dist . ●7 . aquinas ● . ● . qu , 89 alexand. all●●sit , serem . theolog. t●● . 2. qu. 1●● . bonaventura in 3. sent. ●est . 17. dub . 7. and other schoolmen i● this distinction . c 〈◊〉 angelica , tit. sacrile●●●r , hostien●●a summal . 5. de crimine sacrilegii , f. ●43 . * how many drunken priests are now guilty of sacrilege ? [d] bochellus decreta eccles. gal. l. ● . tit. 61. p. 1308. [g] in rom. 2. and 1 cor. 11. [h] summa theologiae pars 2. qu. 171. in 1. p. 7●0 . [i] 〈…〉 angelica . summa r●sella , a●●● . in. s●●ti●gi in gl●s●n ●●atian c●us 17. qu 4. [k] petrus ●●nla●●es sert l. 3 destinct ●7 . b●naventu●● , aeg●dius bruliter and others in 3. sent. 〈◊〉 37 a●u●ans se●unda secundae , qu. ●● . alex alensis summa theol. pars 2. q. 171. in . 1. [l] mensis , sum theol. pars 2. q. 171. m. 3. sacrilegium , est contra immunitatem ecclesiae extrahere aliquem per vim , cum confugit ad sa●sidium ecclesiae in periculo . * see onus ecclesia iohn b●le his acts of english v●●o●●● , de continentia gravamin● germaniae . balaeus de vitis pontificum . [m] gal. nubrigenses . hist. l. 10 mat paris p. 365 , 366● 374 375 83● , ●● 834. mat. west . an. ●2● . p. 132 , 133. 134. an. ●233 . p. 141. wasingh . h●●● . angl. p. 210 , 217 , 218. ha●'s chron. ● 8 , 9 , 10 8● . speeds hist. 503 , 504 , 606 , 60● . holinshed , p. 420. 2●5 . ●●5 . am. eccl. b●●● . p. 1●8 , 263 , ●word 258 , 2●● . [n] see 〈◊〉 d●●ret eccles. gal l. 8. tit. 61. [o] sum. l. 5. de sacrilegi● . ioannis t●ier● . & the gl●sse in gratian ●aus . 17 [p] 〈…〉 aut 〈…〉 , ut sacril●●●●● [q] summ● theol. pa●● 2 pa. 1●1 . 〈◊〉 p ●●1 . * 〈◊〉 historia . [r] see bernardus ●●●terius . de potestate seculo●i super eccle suit . gratius de turi bettel . 3. c. 10. [s] alphonsus de vargas , relat. de strategem . iesuitarum , an. 1641. cap. 40. to 56. concordia discors, or, the dissonant harmony of sacred publique oathes, protestations, leagues, covenants, ingagements, lately taken by many time-serving saints, officers, without scruple of conscience ... by william prynne, esq. ... prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a70864 of text r22150 in the english short title catalog (wing p3928). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 123 kb of xml-encoded text transcribed from 24 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a70864 wing p3928 estc r22150 12363097 ocm 12363097 60301 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a70864) transcribed from: (early english books online ; image set 60301) images scanned from microfilm: (early english books, 1641-1700 ; 222:19a, 396:23) concordia discors, or, the dissonant harmony of sacred publique oathes, protestations, leagues, covenants, ingagements, lately taken by many time-serving saints, officers, without scruple of conscience ... by william prynne, esq. ... prynne, william, 1600-1669. [2], 45 p. printed for edward thomas ..., london : 1659. marginal notes. errata: p. 45. reproduction of original in university of michigan libraries and union theological seminary library, new york. eng oaths -england -early works to 1800. great britain -politics and government -1649-1660. a70864 r22150 (wing p3928). civilwar no concordia discors, or the dissonant harmony of sacred publique oathes, protestations, leagues, covenants, ingagements, lately taken by many prynne, william 1659 22035 32 0 0 0 0 0 15 c the rate of 15 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2005-12 tcp assigned for keying and markup 2005-12 aptara keyed and coded from proquest page images 2006-11 ali jakobson sampled and proofread 2006-11 ali jakobson text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion concordia discors , or the dissonant harmony of sacred publique oathes , protestations , leagues , covenants , ingagements , lately taken by many time-serving saints , officers , without scruple of conscience ; making a very unpleasant consort in the ears of our most faithfull oath-performing , covenant-keeping god , and all loyal consciencious subjects ; sufficient to create a dolefull hell , and tormenting horror in the awakned consciences of all those , who have taken , and violated them too , successively , without any fear of god , men , devils , or hell . by william prynne esq a bencher of lincolns-inne . numb. 30. 2. if a man vow a vow unto the lord , or swear an oath to bind his soul with a bond , he shall not break his word , he shall do according to all that proceedeth out of his mouth . gal. 3. 15. brethren i speak after the manner of men , though it be but a mans covenant , yet if it be confirmed , no man disannulleth or addeth thereunto . jer. 23. 10. because of swearing the land mourneth , the pleasant places of the wilderness are dryed up , their course is evil , and their force is not right . augustin de verbis apostoli sermo 30. falsa juratio exitiosa est , vera juratio periculosa est , nulla iuratio secura est . tantum mali habet juratio , ut qui lapides colunt timeant falsum jurare per lapides : tu non times deum praesentem , deum viventem , deum s●ientem , deum moven●em , deum in contemptores vindicantem ? vis ergò longè esse a perjurio ? jurare noli . chrys. hom. 12. in mat. 5. nisi juramentū interdicatur , non possunt amputari perjuria , nemo est enim qui frequenter jurat , & non aliquando perjuret . london , printed for edward thomas at the adam and eve in little britain , 1659. the dissonant harmony or sacred publick oaths , protestations , leagues , covenants , engagements , lately taken , &c. many are the publick oaths , protestations , leagues , covenants , which all english subjects ( especially judges , justices , sheriffs , maiors , ministers , lawyers , graduates , members of the commons house , and all publick officers whatsoever ) by the laws and statutes of the land have formerly taken to their lawfull hereditary kings , a their heirs and successors , to bind their souls , consciences , to bear constant faith , allegiance , obedience , and dutifull subjection to them ; and to defend their persons , crowns , and just royal prerogatives , with their lives , members , fortunes , against all attempts , conspiracies , and innovations whatsoever . which being almost quite forgotten by those who have formerly taken , and as frequently violated them over and over , in the highest degree , if not abjured them by contrary late oaths and ingagements ; i shall present them in order to their own and others view , that they may conscienciously review , consider them afresh , and bewayle their perjurious atheistical violations of them , to prevent those temporal and eternal judgments , which otherwise may and will most certainly fall upon them , & our nation too for the same . 1. i shall begin with the antient oath of fealty , a which every person above 14. years old , and every tithingman was obliged to take publickly at the court leet within which he lived ; and was antiently taken afresh every year by all the subjects under edward the confessor , and william the first , in substance at least , though not in precise words . i a. b. do swear , that from this day forwards , i will be faithfull and loyal to our lord the king , and his heirs , and will bear * faith and allegiance to him of life and of member , and of terrene honour against all people which may live and die ; and that i shall neither know nor hear of any thing which may tend to their hurt or dammage , which i shall not withstand to my power . so god me help . 2. the second is the antient usual b oath of the maiors of london , and other cities and townes throughout england , and of bayliffs or other chief officers where there were no maiors . you shall swear , that you shall well and loyally serve the king in the office of maior in the city of london , and the same city shall keep surely and safely to the use of our lord the king of england , and of his heirs kings of england ; and that the profit of the king you shall advance in all things which belong to you to do ; and shall loyally preserve the rights of the king , and whatsoever belongeth to the crown in the said city ; and you shall not assent to the distresse , nor to the concealment of the rights , nor of the franchises of the king . and where you shall know the rights of the king of his crown , ( be it in lands , in rents , or in franchises , or in sutes ) to be concealed or substracted , you shall do your best endeavour to regain the same ; and that if you cannot do it , you shall tell it to the king , or to those of his counsel , of whom you are certain they will inform the king thereof : and that lawfully and rightfully you shall treat the people of your bailywick , and do right to every one , as well to strangers as to prives , as well to the poor as to the rich , in that which appertains to you to do : and that neither for honour , nor for riches , nor for gift , nor for promise , nor for favour , nor for hatred , you shall not do wrong to any one : that you shall disturb no mans right , nor shall you take any thing by which the king may suffer losse , or any right shall be disturbed ; and that in all things which appertain to the maior of the said city so to do , you shall well and lawfully demean your self . so god you help , &c. the like c oaths in substance were taken by all privy counsellors of state , sheriffs of counties , recorders of towns , escheators , constables , and other publick officers of justice , and by most freemen of corporations , in relation to the king and his heirs , and the rights of the crown . 3. the third is the d oath of all the judges , barons of the exchequer , and justices of the peace , prescribed by several acts , thus formed , ye shall swear , that well and lawfully ye shall serve our soveraign lord the king , and his people in the office of justice , and that lawfully ye shall counsell the king in his business , and that ye shall not counsel nor assent to any thing which may turn him to dammage or disherison by any manner , way or colour ; and that ye shall not know the dammage or disherison of him , whereof ye shall not do him to be warned by your self , or by other : and that ye shall do even law and execution of right to all his subjects rich and poor , without having regard to any person . and that you take not by your self or by other , privilie or apertly , gift or reward of gold or silver , nor of any other thing which may turn to your profit , unlesse it be meat or drink , and of small value , of any man that shall have any plea or process hanging before you , as long as the same process shall be so hanging , nor after the same cause . and that ye take no fee , as long as ye shall be justice , nor robes of any man great or small , but of the king himself . and that you give none advice or counsell to no man great or small in no case where the king is party . and in case that any , of what estate or condition they be , come before you in your sessions , with force and arms , or otherwise against the peace , or against the forme of the statute thereof made , to disturbe execution of the common-law or to menace the people , that they may not pursue the law , that ye do their bodies to be arrested and put in prison . and in case they be such , that ye may not arrest them , that ye certifie the king of their names , and of their misprision hastily , so that thereof he may ordain a co●●venable remedy . and that ye by your self , nor by other privily nor apertly , maintain any plea or quarrel hanging in the kings court , or elsewhere in the country . and that ye deny to no man common right by the kings letters , nor none other mans , nor for none other cause : and in case any letters come to you contrary to the law , that ye do nothing by such letters , but certifie the king thereof , and go forth to do the law , notwithstanding the same letters . and that ye shall do and procure the profit of the king , and of the crown , with all things where ye may reasonably do the same . and in case ye be from henceforth found in default in any of the points aforesaid , ye shall be at the kings will , of body , lands and goods , thereof to be done as shall please him , as god you help and all saints , anno 18 e. 3. stat. 4. the next oath is that of supremacy , made and prescribed to be taken by all judges , justices , sheriffs , maiors , recorders , civil and ecclesiastical officers , barresters , benchers , graduates , ministers , attornies whatsoever ; and all members of the commons house , before they ought to fit or vote therein , by the statutes of 1 eliz. cap. 1. 5 eliz. cap. 1. 17 car. cap. 7. i a. b. do utterly testifie and declare in my conscience , that the kings highness is the only supream governor of this realm , and of all other his highness dominions and countries , as well in all spiritual or ecclesiastical things or causes , as temporal : and that no forein prince , person , prelate , state or potentate hath , or ought to have any jurisdiction , power , superiority , preheminence or authority , ecclesiastical or spiritual within this realm ; and therefore i do utterly renounce all forein jurisdictions , powers , superiorities , and authorities ; and do promise that from henceforth i shall bear faith and true allegiance to the kings highness , his heirs and lawfull successors , and to my power shall assist and defend , all iurisdictions , privileges , preheminences and authorities granted or belonging to the kings highness , his heirs and successors , or united and annexed to the imperial crown of this realm . so help me god , and by the contents of this book . 5. the 5th . ( oath of equal latitude and extent , as the former of supremacy ) is that of allegiance , prescribed by the statutes of 3 jacobi , cap. 4. 7 jac. c. 6. 17 car. c. 7 tending only to the declaration of such duty as every true and well-affected subject , not only by bond of allegiance , but also by the commandement of almighty god ought to bear to his majesty , his heirs and successors ; which oath such as are infected with popish superstition do oppugn with many false and unsound arguments , the just defence whereof , his majesty ( king james ) hath heretofore undertaken & worthily performed , to the great contentment , of all his loving subjects notwithstanding the gainsayings of all contentious adversaries . and to shew how greatly his loyal subjects did approve the said oath , they prostrated themselves at his majesties feet , beseeching his majesty that it might be enacted , that the same oath may be administred to all his subjects . the words whereof are these . i a. b. do truly and sincerely acknowledge , professe , testifie , and declare in my conscience before god and the world , that our soveraign lord king charles is lawfull and rightfull king of this realm , and of all other his majesties dominions and countries : and that the pope , neither of himself , nor by any of the church or see of rome , or by any other means with any other hath any power or authority to depose the king , or to dispose of any of his majesties kingdomes or dominions , or to authorize any forein prince to invade o● annoy him or his countries ; or to discharge any of his majesties , subjects of their allegiance and obedience to his majesty , or to give licence or leave to any of them to bear arms , raise tumult , or to offer any violence or hurt to his majesties royal person , state or government , or to any of his majesties subjects , within his majesties dominions . also , i do swear from my heart , that notwithstanding any declaration or sentence of excommunication or deprivation made or granted by the pope , or his successors , or by any authority derived , or pretended to be derived from him , or his see , against the said king his heirs or successors , or any absolution of the said subjects from their obedience : i will bear faith and true allegiance to his majesty , his heirs and successors , and him and them will defend to the uttermost of my power , against all conspiracies and attempts whatsoever , which shall be made against his or their persons , their crown and dignity , by reason or colour of any such sentence or declaration , or otherwise , and will do my best endeavour to disclose and make known unto his majesty , his heirs and successors , all treasons and traiterous conspiracies , which i shall know or hear of to be against him , or any of them . and i do further swear . that i do from my heart abhor , detest , and abjure , as impious and heretical , this damnable doctrine and position , that princes which be excommunicated by the pope , may be deposed or murthered by their subjects , or any other whatsoever . and i do believe , and in conscience am resolved , that neither the pope , nor any person whatsoever , hath power to absolve me of this oath , or any part thereof , which i acknowledge by good and full authority to be lawfully administred unto me , and do renounce all pardons and dispensations to the contrary . and all these things i do plainly and sincerely acknowledge and swear , according to the expresse words by me spoken , and according to the plain and common sense and understanding of the same words , without any equivocation , or mental evasion , or secret reservation whatsoever . and i do make , this recognition and acknowledgement heartily , willingly , and truly , upon the true faith of a christian so help me god . 6. to these oaths i shall subjoyn the c protestation , made and taken ( in pursuance of these oaths ) by all the well-affected members of the lords , and commons house the last long parliament , and voluntarily taken by all the best affected people throughout the realm , and by all , or most officers and souldiers of the army ; by their authority . we the knights , citizens , and burgesses in the commons house of parliament , finding to the great grief of our hearts , that the designs of the priests and jesuites , and other adherents to the see of rome , have of late been * more boldly and frequently put in practise than formerly to the undermining , and danger of the ruine of the true reformed protestant religion in his majesties dominions established : and finding also that there have been , and having just cause to suspect that there still are , even during this sitting in parliament , * endeavours to subvert the fundamental laws of england and ireland , and to introduce the exercise of an arbitrary and tyranical government , by most pernicious and wicked counsels , practises , plots and conspiracies : and that the long intermission , and unhappy breach of parliaments , hath occasioned many illegal taxations , whereupon the subject hath been prosecuted and grieved : and that divers innovations and superstitions have been brought into the church , multitudes driven out of his majesties dominions ; jealousies raised and fomented betwixt the king and his people ; a popish army levyed in ireland , and two armies brought into the bowels of this kingdom , to the hazard of his majesties royal person , the * consumpsion of the revenues of the crown and treasure of this kingdom : and lastly , finding a great cause of jealousie , that endeavours have been , and are used to bring the english army into a mis-understanding of this parliament , thereby to * incline that army , with force to bring to passe those wicked counsels , have therefore thought good to joyn our selves in a declaration of our united affections and resolutions , and to make this ensuing protestation . i a. b do in the presence of almighty god , promise , vow , and protest , to maintain and defend , as far as lawfully i may , with my life , power , and estate , the true reformed protestant religion , expressed in the doctrine of the church of england , against all popery and popish innovations within this realm , contrary to the same doctrine , and according to the duty of my allegiance , his majesties royal person , honour and estate ; as also the power and privilege of parliament ; the lawfull rights and liberties of the subject , and every person that maketh this protestation , in whatsoever he shall do in pursuance of the same . and to my power , and as far as lawfully i may , i will oppose , and by all good wayes and means endeavour to bring to condigne punishment , all such as shall either by force , practise , counsels , plots , conspiracies , or otherwise , do any thing to the contrary in this present protestation contained . and further , that i shall in all just and honourable waies endeavour to preserve the vnion and peace between the three kingdoms of england , scotland , and ireland ; and neither for hope , fear , nor other respect , shall relinquish this promise , vow , & protestation . 7. the next in time , is the solemn league and covenant , taken in the most solemn manner with hands lifted up to heaven , and subscribed by all members of parliament , in england and scotland , by all civil , military officers , souldiers and well-affected persons in our three kingdoms , by f sundry special ordinances of parliament ; approving and ratifying the same . ¶ a solemn league and covenant for reformation and defence of religion , the honour and happiness of the king , and the peace and safety of the three kingdoms of england , scotland , and ireland . we noblemen , barons , knights , gentlemen , citizens , burgesses , ministers of the gospel , and commons of all sorts , in the kingdoms of england , scotland , and ireland , by the providence of god living under one king , and being of one reformed religion , having before our eyes the glory of god , and the advancement of the kingdom of our lord and saviour jesus christ , the honour and happiness of the kings majesty , and his posterity , and the true publique liberty , safety , and peace of the kingdoms , wherein every ones private condition is included ; and calling to minde the treacherous and bloudy plots , conspiracies , attempts , and practises of the enemies of god , against the true religion and professors thereof in all places , especially in these three kingdoms ever since the reformation of religion , and how much their rage , power , and presumption are of late , and at this time increased and exercised ; whereof the deplorable estate of the church and kingdom of ireland , the distressed estate of the church and kingdom of england , and the dangerous estate of the church and kingdom of scotland , are present and publike testimonies : we have now at last , ( after other means of supplication , remonstrance , protestations and sufferings , ) for the preservation of our selves and our religion from utter ruine and destruction , according to the commendable practice of these kingdoms in former times , and the example of gods people in other nations ; after mature deliberation , resolved and determined to enter into a mutual and solemn league and covenant , wherein we all subscribe , and each one of us for himself , with hands lifted up to the most high god , do swear . i. that we shall sincerely , really and constantly , through the grace of god , endeavour in our several places and callings , the preservation of the reformed religion in the church of scotland , in doctrine , worship , discipline and government , according to the word of god , and the example of the best reformed churches ; and shall endeavour to bring the churches of god in the three kingdoms , to the nearest conjunction and uniformity in religion , confession of faith , form of church-government , directory for worship and catechising ; that we and our posterity after us , may as brethren , live in faith and love , and the lord may delight to dwell in the midst of us . ii. that we shall in like manner , without respect of persons , indeavour the extirpation of popery , prelacy , ( that is , church-government by arch-bishops , bishops , their chancellors and commissaries , deans , deans and chapters , archdeacons , and all other ecclesiastical officers depending on that hierarchy ) superstition , heresie , schisme , profaneness , and whatsoeuer shall be found to be contrary to sound doctrine , and the power of godliness ; lest we partake in other mens sins , and thereby be in danger to receive of their plagues , and that the lord may be one , and his name one , in the three kingdoms . iii. we shall with the same sincerity , reality , and constancy , in our several vocations , endeavour with our estates and lives , mutually to preserve the rights and privileges of the parliaments , and the liberties of the kingdoms , and to preserve and defend the kings majesties person and authority , in the preservation and defence of the true religion , and liberties of the kingdoms ; that the world may bear witness with our consciences of our loyalty , and that we have no thoughts or intentions to diminish his majesties just power and greatness . iv. we shall also with all faithfullness endeavour the discoverie of all such as have been , or shall be incendiaries , malignants , or evil , instruments , by hindering the reformation of religion , dividing the king from his people , or one of the kingdoms from another , making any faction or parties amongst the people , contrary to this league and covenant , that they may be brought to publike trial , and receive condigne punishment , as the degree of their offences shall require or deserve , or the supreme judicatories of both kingdoms respectively , or other , having power from them for that effect , shall judge convenient . v. and whereas the happiness of a blessed peace between these kingdoms , denied in former times to our progenitors , is by the good providence of god granted unto us , and hath been lately concluded , and setled by both parliaments , we shall each one of us , according to our place and interest , indeavour that they may remain conjoyned in a firm peace and union to all posteritie ; and that justice may be done upon the willfull opposers thereof , in manner expressed in the precedent articles . vi . we shall also according to our places and callings in this common cause of religion , liberty and peace of the kingdoms , assist and defend all those that enter into this league and covenant , in the maintaining and pursuing thereof , and shall not suffer our selves directly or indirectly by whatsoever combination , perswasion , or terror , to be divided , and withdrawn from this blessed union and conjunction , whether to make defection to the contrary part , or to give our selves to a detestable indifferency or neutrality in this cause , which so much concexneth the glory of god , the good of the kingdoms , and the honour of the king ; but shall all the dayes of our lives , zealously and constantly continue therein , against all opposition , and promote the same according to our power , against all lets and impediments whatsoever : and what we are not able our selves to suppress or overcome , we shall reveal and make known , that it may be timely prevented or removed ; all which we shall doe as in the sight of god . and because these kingdoms are guilty of many sins and provocations against god , and his son jesus christ , as is too manifest by our present distresses and dangers , the fruits thereof ; we professe and declare before god and the world , our unfeined desire to be humbled for our own sins , and for the sins of these kingdoms , especially , that we have not as we ought , valued the inestimable benefit of the gospel , that we have not laboured for the purity and power thereof , that we have not endeavoured to receive christ in our hearts , nor to walk worthy of him in our lives , which are the causes of other sins and transgressions , so much abounding amongst us ; and our true and unfeigned purpose , desire , and indeauour for our selves , and all others under our power and charge , both in publique and private , in all duties we owe to god and man , to amend our lives , and each one to go before another in the example of a real reformation , that the lord may turn away his wrath and indignation , and establish these churches and kingdomes in truth and peace and this covenant we make in the presence of almighty god the searcher of all hearts , with a true intention to perform the same , as we shall answer at that great day , when the secrets of all hearts shall be disclosed . most humbly beseeching the lord to strengthen us by his holy spirit for this end , and to bless our desires and proceedings with such success , as may be deliverance and safety to his people , and encouragement to other christian churches groaning under , or in danger of the yoke of antichristian tyranny , to joyn in the same , or like association and covenant , to the glory of god , the enlargement of the kingdom of jesus christ , and the peace and tranquility of christian kingdoms and commonwealths . subscribed by william lenthal speaker , sir henry vane junior , and most now sitting . yet notwithstanding all these most solemn , sacred , legal oaths , this protestation , solemn league and covenant , sweetly according with and ratifying each other , the remaining fragment of the commons house , sitting under the power of the army , not only violated them all in the highest degree , by their proceedings against the late king , his heirs and successors to the imperial crown , the royal posterity , kingship , kingdom , lords house , and their secluded fellow members , but also took upon them to suppress and set aside these oathes , yea to brand and stigmatize them , for vnlawfull oathes ; to absolve themselves , with all others from them ; and to set up an ingagement of their own framing , in diametrical opposition against all and every of them , imposed on all the three nations with strictest severity , by their new knack of 6. september 1649. disabling all freemen of this nation to sue in any court of justice whatsoever , or to enjoy any civil , ecclesiastical or military office , benefice , augmentation , trust , or degree of learning in the vniversities or innes of court , and debarring all lawyers , attornies from their practice , by a new kinde of praemunire , who should not take and subscribe this engagement : which the whole house of commons ( having not the least legal power to g administer any usual oath to witnesses , or any person whatsoever in any case or age , ) had neither authority nor power to impose upon the nation , were it consonant to the precedent oaths , protestation , covenant much less then the vnparliamentary conventicle , sitting after the kings beheading , the lords and majority of the commons forcible seclusion , and the h parliaments actual dissolution thereby ; when diametrically repugnant to all these legal oaths , and to the petition of right it self , 3 caroli , complaining , providing against the future administring of any oath not warrantable by the laws and statutes of this realm , in precise terms ; and whether this engagement , be not such , let all lawyers , divines , and consciencious englishmen resolve . i do declare and promise , that i will be true and faithfull to the common-wealth of england , as it is now established , without a king or house of lords ▪ all the officers , souldiers of the army , and garrisons through england and ireland , were the first men who subscribed it , and returned their subscriptions in parchment-rolls to their journey-men and creatures at westminster ; who thereupon thought themselves and their government , ( though founded upon bloud , treachery , perjury , ) as lasting and perpetual , as if it had been founded on a rock , and the sincerest principles of piety , justice , righteousness , and general publick national consent . but those very first engagers to them , when they had done their drudgery , and oppressed the nation with doubled and trebled taxes to support their bloody wars by land and sea against their protestant king , and brethren of scotland & the netherlands , on the 20th . of april 1653. i sodenly turned them out of doors , and power , with force and highest contempt , as persons wholy perverting the ends of parliament , oppressing the people , making gain the main of their business , and utterly impossible in that corrupt estate , in the judgements of the most moderate men to come the instruments of our long desired establishment . and then setting up a protector over their infant common-wealth much against their wills , the mock-parliament under him ( whiles above 150 members duly elected , most confided in by the country were forcibly secluded ) by their additional petition and addresse , the 26th . of june 1647. imposed this new oath on all counsellors of state , and members of parliament . i a. b. do in the presence of god almighty promise and swear , that to the uttermost of my power i will uphold and maintain the true reformed protestant religion , in the purity thereof , as it is contained in the holy scriptures of the old and new testament , and encourage the profession and professors of the same . and that i will be true and faithfull to his highnesse the lord protector of the commonwealth of england , scotland , and ireland , and the dominions thereunto belonging as chief magistrate thereof . and shall not contrive , design or attempt any thing against the person or lawfull authority of the lord protector ; shall keep secret all matters that shall be treated of in counsel , and put under secrecy , and not reveal them but by command , or consent of his highnesse , the parliament , or the counsel ; and shall in all things faithfully perform the trust committed to me , as a counsellour , according to the best of my understanding , in order to the good government , peace and wellfare of these natiions . and shall endeavour as much as in me lyes , as a member of parliament , the preservation of the rights and liberties of the people . these oaths were sworn ( by many of those , who had taken the premised oaths , protestation , solemn league and covenant , and the engagement too , ) both to their protector oliver and his son richard , with whom the army-officers , souldiers , and sundry others in the name of most counties and corporations of england , scotland , and ireland , in their special addresses to richard , faithfully promised to live and die : yet lo within few months after , notwithstanding these oaths and addresses , by a miraculous divine providence ( admirable in all considerate mens eyes ) they not only all deserted , but degraded him from his protectorship , without one stroke , or drop of blood spilt , or sword drawn in his quarrel ; after so much christian bloud shed , so many millions of treasure spent , and many years travel , care , by his father oliver , to establish his posterity in this new-erected supremacy , protectorship ; and that by his own army-officers , and nearest , most endeared relations , even in a moment , beyond all probability or possibility in humane apprehension . to accomplish this strange unexpected work , the army-officers called in the old vnparliamentary iuncto sitting since the year 1648. till april 20. 1653. whom they formerly dissolved and unparliamented , secluding all the rest of the old parliament sitting till december . 6. 1648. by force and armed guards , with the whole house of lords , re-creating them alone for a parliament : who usurping to themselves the name and power of a parliament . against both law . equity , reason ; dismounted his son richard from his protectorship , unlorded , degraded his new other house of mushrom lords , and new dubbed knights , cashiered some of the army-colonells , and other officers , who helped to make them a parliament , & him a protector ; and may gratifie the rest in this kinde ; commissioned some , whom oliver cashiered ; turned most of his council , commissioners , judges , creatures out of their offices ; and pulled down most of that he set up with force and blood . who now thinking themselves secure , and forgetting all their former , with these late sodain revolutions , changes , as the just rewards of perfidious breaches of oaths ; protestations , covenants to their lawfull soveraigns , they hav now afresh to make us a freestate , not only doubled our former taxes in effect , and more than trebled them by a most arbitrary new militia on many , but also by a new bill , appointed an oath to be taken by their iudges , iustices of the peace , and other officers , in form following . you shall swear , that you shall be true , faithfull and constant to this commonwealth , without a single person , kingship , or house of lords . which ‖ illegal oath , so diametrically contrary to the former , it swallowed by their unarmed judges , justices , and other civil officers out of fear , will in time be imposed on the army officers , soldiers , and all others , as their former ingagement was , with as severe penalties . having presented you with these contradictory , repugnant , irreconcileable oathes , protestations , covenants and engagements , i shall propose some few cases of conscience upon them , in this age , when conscience is so much pretended , and liberty of conscience so much pressed , that tendernes of conscience , and conscience it self , are hardly to be found in the greatest pretenders to them . 1. whether all lawfull sacred oaths , vowes , covenants , protestations . doe not i firmly , immutably , inviolably bind the souls , consciences , of all that take them , to an absolute , indispensible , sincere , faithful performance , and strict observation of them , to the uttermost of their power in all estates and conditions , as is evident by numb. 30. 2. to 14. josh 9. 19 , 20. gal. 3. 15. deut. 23. 22 , 23. judg. 11. 30. 39. job 22. 27 ps. 15. 4. ps. 22. 25 ps. 61. 8. ps. 66. 13. ps. 116 14 , 18. ps. 132. 2 , 3 , &c. eccles. 5. 4. jer. 44. 25. jonah 2 9. isay 19. 21. nah. 1. 15. gen. 21. 23 , 24 , 31. c. 24. 3. to 10. 37. to 47. c 26. 3 31. c. 47. 31. c. 50. 5 , 6. levit. 19. 12. josh. 2. 12. 17. 20. judg. 15. 12 , 13. deut. 8. 12. josh. 21. 43 , 44. 1 kings 1. 13. 17. 29 , 30. 2 chron. 36. 13. ezra 10. 5. neh. 13. 25. jer. 4. 2. c 11. 5. mat. 5. 33. 1 kings 15. 3 , 4 , 5. 2 chron. 21. 5 , 6 , 7. compared with hebr 6. 16 , 17 , 18. an oath for confirmation is to men an end of all strife : wherfore god willing more abundantly to shew unto the heirs of promise the immutability of his counsel , confirmed it with an oath , that by two immutable things ( his oath and covenant ) in which it is impossible for god to lie , we might have strong consolation . ps. 89. 3. 34. i have made a covenant with my chosen , i have sworn unto david my servant . my covenant will i not break , nor alter the thing that is gone out of my lipps . once have i sworn by my holiness that i will not lie unto david , ps. 132. 11. the lord hath sworn in truth unto david , he will not turn from it . jer. 33. 20. 21. thus saith the lord , if you can break my covenant of the day , and my covenant of the night , and that there should not be day and night in their season . then may also my covenant be broken with david my servant , that he should not have a son to reign upon his throne . if gods oaths and covenants to mortal sinful men be thus true , constants , sincere , firme , unalterable , immutable ; then by like reason should mens oaths and covenants to god and their lawfull kings be such , as psal. 15. 4. eccles. 8. 2. gal. 3. 15. levit. 30. 2. to 14. and the other forecited texts resolve . 2ly . whether the late violation through fear , or self-respects , much more the wilfull justification , perjurious repeal , abrogation , abjuration of our sacred lawful oaths , protestation , covenant , be not a k most detestable , crying , scandalous , damning sin , exceedingly dishonorable to god , injurious to religion ; & drawing down sad , private , personal and national judgements , on those who are notoriously guilty thereof , as is most apparent by ezech. 16. 59. c. 17. 13. to 27. zech. 8. 17. c. 5. 3 , 4. hos. 10. 4. lev. 6. 3 , 4. c. 19. 12. prov. 24. 21 , 22. jer. 5. 2. c. 7. 9. to 17. c. 34. 8. to 22. c. 52. 3 , 4. deut. 31. 20. c. 29. 20. to 29. ps. 78. 10. 37. 57. to 65. 2 chron. 36. 13. josh. 9. 20. 2 sam. 21. 1. to 11. jer. 23. 10. rom. 1. 31 , 32. 1 tim. 1. 10. worthy sad and serious perusal . and whether those who are deeply guilty of these sins , can ever expect to enter into heaven , since this is made the special character of a citizen of zion , who shall dwell in gods holy hill , psal. 15. 1 , 2 , 4. he that walketh uprightly and worketh righteousness , and speaketh the truth from his heart , he that sweareth to his own hurt and changeth not , much more then when for his own and the publick good . 3ly . whether those who have made , taken , and equally violated all or most of these contradictory oathes , protestations , covenants , ingagements alike , be not perjured persons , and covenant-breakers in folio , void of all real fear of god , truth , faith , conscience , honesty , religion , if the premised scriptures , or eccles. 9. 2 acts 5. 3 , 4 , 5. may be credited ? and whether those who have been thus perfidious , perjurious , fidef●agus , treacherous to all others , can in point of justice , conscience , prudence , policy , impose an oath upon all or any others , to be true , faithfull and constant , in their oaths covenants , trusts and obedience unto them ? ( especially before themselves have taken any such oath , to be true , faithfull , constant to their own principles , or any fixed setled government : ) since they have taught them to be treacherous , perfidious , disloyal , by their own precedent examples ; and god himself hath denounced this wo , and retaliation against such , isay 33. 1. wo unto thee that dealest treacherously , and they dealt not treacherously with thee ; when thou shalt make an end to deal treacherously , they shall deal treacherously with thee . which we have seen verified of late in sundry particulars even to admiration , by divine retaliation , to deterr all henceforth from the dangerous sin of perjury , treachery , oath and covenant breaking . 4ly . whether it be not a most impious , unchristian , execrable , if not atheistical practice , for any persons whatsoever ( especially without any colour of parliamentary authority ) to impose any oath , vow , or illegal ingagement upon others , diametrically repugnant to , inconsistent with their former legal oaths , protestations , covenants , imposed on them by unquestionable parliamentary authority , to their lawfull soveraigns , to ensnare , wound their consciences , and involve them in the guilt of unevitable , most apparent * perjury , and breach of all their former oaths , protestations , covenants ? and whether such incur not that wo in isay 10 , 1 , 2 , 3. wo unto them that decree unrighteous decrees , and that write grievousnesse , which they have prescribed , to turn aside the needy from judgement , to take away the right from the poor , ( exiled royal issue ) and that they may rob the fatherless ; and what will ye do in the day of visitation , and in the desolation which shall come from far ? to whom will ye flee for help , and where will ye leave your glory ? if ahabs and jesabels suborning of false witnesses against naboath to gain his vineyard , who attested , that naboath did blaspheme god and the king , brought such a heavy doom upon their persons and royal posterity , to their utter extirpation . 1 kings 1. 21 , & 22. how much sorer judgements shall they incur , who shall endeavour to make our whole 3. kingdoms perjured in the highest degree , by ingaging them to renounce , blaspheme both god and the king , & abjure their former oaths , covenants , protestations , of purpose to disinherit the royal posterity of their crowns and royalties , which they have so precisely sworn , protested , covenanted over and over , inviolably to defend and preserve ? 5ly . whether it can be just , equitable , prudential , rational , for any in present power , to commission , intrust , imploy anabaptists , quakers , with other military officers , souldiers by land and sea , without prescribing any military oath unto them , ( after so many meetings , and violations of their trusts to the late king , parliament , and other new governours , governments of their own erecting , to their total subversion ) to be true , faithfull , obedient , and constant to them ; contrary to the discipline of all former ages amongst the romanes , graecians , and most other nations , who alwaies * imposed a military oath on all their army-officers , souldiers , ( warranted by 2 tim. 2 , 3 , 4 ) and in the mean time , to inforce such a oath upon all their judges , justices , and civil officers , against their judgements , consciences , who are orthodox in religion , approve of lawfull oaths , ( imposed by legal authority of parliament ) magistracy , and ministry , which anabaptists , quakers , and other sectaries professedly oppugn , and now violently endeavour to suppresse ? and whether those now sitting , or any others who have taken the forecited oaths to the late king and his heirs , or the protestation , league , and covenant , can without apparent perjury , and direct violations of them , repute those few reliques of the old parliament , now sitting ( forcibly secluding the lords and majority of their fellow members ) to be a lawfull parliament within the statute of 17 car. c. 7 ? or submit to any oaths , taxes , edicts of theirs as parliamentarie or legal ? 6. whether the forecited oaths of supremacy , allegigiance , maiors , sherisss , judges , recorders , bayliffs , parliament-members , and others , in direct words , extending not only to the late kings person , but his heirs and successors , do not inviolably bind both them , their posterities and our whole three nations , kingdoms in perpetuity , in point of law and conscience , so long as there is any heir of the crown and royal line in being ? and that upon these unanswerable scriptural presidents and legal considerations . 7. because gods oath and covenant made to eve , abraham , noah , their seed and posterity , and to the israelites and their children , and their covenant made to god , by gods own resolution , did oblige god himself and them in perpetuity from generation to generation , gen. 3. 15. c. 8. 21 , 22. c. 9. 1 , to 17. c. 13. 16. c. 15. 18. c. 17. 2 , to 22. c. 21. 13. c. 24. 7. c. 28. 4 , 13 , 14. exod. 28. 43. c. 34. 7. levit. 22. 3 , 4. numb. 14. 24. c. 18. 19. c. 25. 12 , 13. deut. 1. 8. c. 4. 31. 37. c. 5. 2 , 3. c. 7. 9 , 10 , 11. c. 8. 18. c. 11. 9. c. 28. 46. c. 29. 1. 4 , to 20. c. 30. 6 , 9. c. 31. 21. c. 34. 4. josh. 7. 11 , 15. c. 24. 3 , to 29. 2 chron. 20. 7 , 8. neh. 1. 5. c. 9. 8 , 32. ps. 25. 13. isay 34. 5. c. 44. 3. c. 59. 21. c. 61. 8 , 9. c. 62. 22. mal. 2. 4 , to 15. c. 4. 6. acts 2. 39. c. 3. 25. c. 7. 5 , 45. c. 13. 23. rom. 4. 13 , 16. c. 9. 7 , 8. c. 11. 1 , 2 , 27. gal. 3. 16. to the end . heb. 8. 6 , to 11. c. 11. 18. c. 13. 20. lu. 1. 72 , 73. rev. 12. 17. levit. 26. 9 , 15 , 25 , 42 , 44. 2 kings 17. 15 , to 41. psal. 44. 17 , 18. ps. 78. 10. 38. ps. 89. 3. 4 , 5 , 34 , 35. ps. 103. 17. 18. ps. 105. 8 , 10. ps. 111. 5 , 9. isay 24. 5. c , 42. 6. c. 49. 8. c. 54. 3. jer. 11. 2 to 12. c. 22. 9. c. 31. 31. 32 , 33. c. 29. 10. to 20. c. 33. 20. 21. c. 50. 5. ezech. 16. 60. 62. c. 37. 28 , 29. c. 44. 4. hos. 8. 1. heb. 6. 16. 17. therefore mens oaths , covenants to kings and their posterity , must likewise bind in succession and perpetuity . 2ly . because gods oath and covenant made to david , and to his house , royal seed and posterity , touching their succession in the royal throne of iudah , was hereditary , successive , extending to all his issue and posterity : and though many of them were wicked , rebellious , yet this did not cause or provoke god to dethrone , or disinherit them , or infringe his oath and covenant to david , 2 sam. 3. 12. to the end . c. 22. 51. 1 kings 2. 33. psal. 89. 2 , 3 , 33 , to 38. ps. 132. 11 , 12 , 13. ps. 18. 50. jer. 33. 17 , 19 , 20 , 21. 1 chron. 28. 4 , to 10. jer. 17. 24 , 24 , 25 , 26. 1 kings 11. 12. 13 , 36 , 39. 2 kings 8. 9. 2 chron. 21. 5 , 6 , 7. 2 chron. 23. 3 , &c. jer. 23. 4 5. zezh . 9. 9. john 13. 13 , 15. lu. 1. 32 , 33. therefore much more where oaths , covenants are made by subjects to their hereditary kings and their posterity , they must remain inviolable , and not be abrogated by their transgressions . 3ly . because the oath , which joseph took of his brethren , the children of israel , to carry up his bones , out of aegypt into canaan , when god should bring them out of aegypt , gen. 50. 24 , 25. though not made precisely for them and their posterity , was reputed by moses and them , to be obligatorie to their seed , as if made by them , even in point of conscience : as is evident by exod. 13. 19. and moses took the bones of ioseph with him , ( though driven out of egypt by pharoah ) for he had straitly sworn to the children of israel , saying , god will surely visit you , and you shall carry up my bones hence with you . which bones of his they ( by vertue of this oath ) notwithstanding pharoahs pursuit after them , carryed along with them through the red sea , and through the wildernesse forty years , and through the land of canaan , till they had quite conquered it , notwithstanding all their wars , iosh. 24. 32. near 500 years after this oath first made . if then moses , ioshua , and all the israelites held themselves thus conscienciously obliged by the oath of their deceased ancestors above four hundred years before , to carry up iosephs dead bones out of aegypt , notwithstanding all objections of hast and danger from pharoah and his host , their forty years wandring in the wildernesse , their wars in canaan ; and meanesse of the matter in relation to their publick safety , no wayes concerned in it . then much more must our ancestors , and our own particular reiterated oaths in precise terms to our kings , their heirs and successors , which so much concern our publick government , peace , settlement , safety , prosperity , engage our whole kingdom and three nations to a consciencious observation of them to the uttermost of their power . 4ly . because davids oath to saul and jonathan extended to their seed , 1 sam. 24. 21 , 22. swear now therefore unto me by the lord , that thou wilt not cut off my seed after me , and that thou wilt not destroy my name out of my fathers house : and david swore unto saul : 1 sam. 20. 14 , to 18 , 42. and jonathan said to david , thou shalt not only while i yet live shew me the kindnesse of the lord , that i die not , but also , thou shalt not cut off thy kindnesse from my house for ever , no not when the lord hath cut off the enemies of david , every one from the face of the earth . so jonathan made a covenant with the house of david ; and jonathan caused david to swear again , because he loved him . and ionathan said to david , go in peace , for as much as we have sworn both of us in the name of the lord , saying , the lord be beeween thee and me , and between thy seed and my seed for ever . how conscienciously david observed these oaths after the deaths of saul and ionathan , is apparent , not only by his love , favor , and affection to mephibosheth for jonathans sake , whom he restored to all that was saule , & made him eat continually at his table . 2 sam. 9. 1. &c. and by his slaying of baanah and rechab for murdering ishbosheth , sauls son , his competitor , when they brought his head unto him , expecting a great reward , 2 sam. 4. but more especially by his sparing mephibosheth , the son of jonathan , the son of saul , because of the lords oath that was between them , between david and jonathan , ( extending to their seed and posteritie ) when the gibeonites demanded 7. of the sons of saul to be delivered up to them , 2 sam. 21. 5 , 6 , 7. 5. because esther 9. 27 , 28 , 31. the * iews ordained and took upon them and upon their séed , and upon all such as joyned themselves unto them , so as it should not fail , that they would keep these two dayes of purim , according to their writing , and according to their appointed time every year ( as those in the parliament of 3 jac. c. 1. and their posteritie have observed the 5 of november annually ever since . ) and that those dayes should be remembred and kept throughout every generation , every family , every province , and every city : and that those dayes of purim should not fail from among the iews , nor the memorial of them perish from their séed : which they decreed for themselves and for their seed . if the whole nation of the jewes by an ordinance and decree , might thus binde their seed , posterity , to observe the daies of purim for ever : with like reason they might by an oath & covenant oblige themselves and their posterities for ever to their hereditarie kings , their heirs and posterities for ever : and so may we and all other nations , by the like acts , decrees , and the forecited oathes , as is clearly resolved , declared , enacted by the statutes of 25 h. 8. c. 22. 26 h. 8. c. ● . 28 h. 8. c. 3. 35 h. 8. c. 1. 1 eliz. c. 1. 3. 5 eliz. c. 1. 1 jac. c. 1. 3 jac. c 4. 7 jac. c. 6. 6ly . because the president of the rechabites , ( who upon the command of their father ionadab the son of rechab , that neither they nor their sons for ever should drinke wine , nor build house , nor sow seed , nor plant , nor have any vineyard , but dwell in tents all their dayes ; held themselves bound in duty , conscience to obey it , which god himself commends , records . rewards , for others imitation , jer. 35. 1. to 15. who might in like sort oblige them by his oath and covenant ; ) is a convincing gument that as the * warranties , covenants , bends , contracts , feofments , grants , reservations of rents , services , tenures in see , by the laws of england , and other nations , firmly oblige mens heirs , posterity , assignees , executors , administrators , on both sides in succession and perpetuity ; so likewise their oaths , covenants , protestations , to their here litarie kings , their heirs and successors , oblige them equally to them in perpetuity and succession . 7ly . because it is most evident by gen. 3. 14 , 15. c. 4 5. exodus 17. 16. c. 20. 5. c. 43. 7. 1 kings 2. 33. 2 kings 5. 27. jer. 22 30. c. 36. 31. that parents by their iniquities and transgressions may draw down and entayl the curses , the judgements of god on them , and their posterityes after them to their prejudice : therefore they may much more oblige them by their oaths , covenants , to obedience , loyalty , subjection to their hereditary kings and their heirs , for their own particular , and the m publick good , safety , as well as freehold and copyhold tenents in honors , manors , may oblige themselves , their heirs and successors for ever , by homage , fealty , tenures , contracts to their landlords , their heirs and assignees for ever , by the common , statute-laws , of our own and other realms , though they be no soveraign lords and kings over them . 8ly . because the saints and churches of god in all ages have held themselves and their posterity bound in duty and conscience to pray to god for the life , safety , prosperity of their kings , and their sons and royal posterity , in all hereditary kingdoms , as is apparent by ezra . 6. 10 , 11. psal. 72 ▪ 1 , 2 , 15. 1 sam. 11. 14. 2 sam. 16. 16. 1 kings 1. 25. 34 , 39. 2 kings 11. 12. 2 chron. 23. 11. psal. 149. 2. ezech. 9. 9. dan. 2. 4. c. 3. 9. c. 6. 6. 21. mat. 21. 5. 9. john 12. 13 , 15. 1 tim. 2. 1 , 2 , 3. by all the antient , modern liturgyes , collects , letanyes , canons of the churches of england , scotland , ireland , france , spain , and other hereditary kingdoms ; the testimony of sundry fathers , councils , historians , and our own clause rolls in the tower , n elsewhere quoted . therefore they may lawfullie oblige themselves and their posterity , by solemn oaths , covenants , protestations to obey , protect and defend their , and their posterities royal persons , crowns and royalties . 9ly . to put this out of further question , i shall only prest one scripture president and testimonie more , wherewith i shall conclude this point , and that is the historie of the gibeonites , recorded josh. 9. & 10. and 2 sam. 21. 1. to 13. the gibeonites ( a remnant of the amorites , with whom the israelites by gods express command were to make no peace nor covenant , nor shew any mercy to , but smite with the edge of the sword and utterly destroy , deut. 7. 1 , 2 , 3. c. 20. 16 , 17 , 18. ) circumventing joshua and the elders of israel by a stratagem , of old bottles , shooes , bread , clothes , and a lying information , that they came from a farr country to make peace and a league with them . by reason of the glorious victories god had given , and the miracles he had wrought for them ; thereupon , without asking any advice of god or the congregation , or examining the truth of their information , joshua and the elders of the congregation entred into a league with them , to let them live , and sware unto them in the name of the lord . within three dayes after they heard they were their neighbours and dwelt amongst them , and they came unto their cities the third day . * but the children of israel smote them not , because the princes of the congregation had sworn unto them by the lord god of israel . hereupon all the congregation murmured against the princes . but all the princes said unto the congregation : we have sworn unto them by the lord god of israel , therefore we may not touch them . this we will do unto them , we will let them live lest wrath be upon us , because of the oath that we sware unto them and the princes said unto them , let them live as the princes had promised them , but let them be hewers of wood and drawers of water to all the congregation . and joshua called for them , and spake unto them saying ; wherefore have ye beguiled us , saying , we are very far from you , when you dwell among us ? now therefore ye are cursed , and there shall none of you be freed from being bondmen , and bewers of wood and drawers of water for the house of my god . and they answered joshua and said ; because it was certainly told thy servants , how the lord thy god commanded his servant moses to give you all the land , and to destroy all the inhabitants of the land before you ; therefore we were fore afraid of our lives because of you , and have done this thing . and now behold we are in thine hand , as it seemeth good and right unto thee to do unto us , do . and so did he unto them , and delivered them out of the hand of the children of israel , that they slew them not . and joshua made them that day hewers of wood , and drawers of water for the congregation , and for the altar of the lord even to this day , in the place which he should chuse . after this oath and league the princes and congregation were so farr from slaying or suffering them to be slain by their enemies contrarie hereunto , that when as 5. kings soon after came up with all ●h●ir hosts and encamped against gibeah , to destroy is because they had made peace with israel ; the giheonite sending this message to joshus & the camp at gilgal ; slack not thy hand from thy servants , to come up to us quickly & save us , for all the kings of the amorites that dwell in the mountains are gathered against us ; thereupon ioshua and all the men of warr with him went up from gilgal all night , and came upon their enemies sodenly , and smote , & destroyed them with a great slaughter , delivering them from that danger . about 395 years after this solem oath & league , king saul out of his zeal to the children of israel and iudah , sought to destroy all , and slew some of those gibeonites posterity , contrary to this oath and league , for which ( 35 * years after its violation , and 430 years after its first making ) god sent a famine in the land for three years , year after year : upon this david inquiring of the lord , what was the true cause thereof ? the lord answered him , it was for saul , and for his bloudy house , because they slew the gibeonites , who were not of the israelites , but of the remnant of the amorites , and the children of israel had sworn unto them . whereupon david called the gibeonites , and said unto them : what shall i doe for you , and wherewith shall i make the attonement , that ye may blesse the inheritance of the lord ? and they said unto the king , the man that consumed us , and devised against us that we should be destroyed from remaining in any of the coasts of israel , let seven of his sons be delivered unto us , and we will hang them up in gibeah of saul which the lord did chuse ; which being accordingly done , after that god was intreated for the land , and removed the famine , 2 sam. 1. 1. to 15. here we have an oath and covenant binding the israelites , their governours . heirs and posterity in perpetuitie to the gibeonites and their posteritie ; which i shall parallel with our forementioned oaths , protestation , covenant to our hereditarie kings , their heirs and successors , to prove them more obliging to us and our posterities , than this oath & league of the israelites to the gibeonites , in regard of these observable circumstances & particulars , not hitherto insisted on by any ; which i beseech god in mercie to set home effectually upon all our hearts , spirits , consciences , both for our information , reformation , settlement , and avoiding gods avenging justice on us and our posterities , for our transcendent perjuries , breach of oathes and covenants to our soveraigns . 1. this oath and covenant with the gibeonites embassadors , was procured by meer fraud , circumvention , misinformation , and apparent falshood , arising meerly from those to whom it was made and sworn : yet it obliged the israelites and their posteritie , to the gibeonites and their progenie in perpetuitie : but the forementioned oathes , together with the protestation , and solemn league and covenant , were made without any fraud , circumvention , misinformation , or false suggestion , upon grounds of loyaltie , dutie , justice , prudence , christianitie , religion , and state-policie , voluntarily propounded by the makers , takers of them , and ratified in full parliaments : therefore they must needs be farre more valid , obligatory to the whole english nation and their posterities , than this oath , covenant to the gibeonites . 2. this league and oath was made very sodenly , rashly , unadvisedly , without any advice with god and the whole congregation , or examining , debating the truth of the gibeonites suggestion ; yet it bound them when once made : but our oathes , protestation , league , covenant , were all made enacted , enjoyned upon long and serious debate , mature deliberation in several successive parliaments : therefore ours must be much more obliging than theirs . 3ly . this league , oath , was made only by the princes of israel , without the congregations privitie , assent or advice , who were discontented with and murmured against them for it , yet it obliged both the princes , people , and their posterities : but our oathes , protestation , league and covenant , were made not only by all our princes , nobles , peers , but likewise by the whole house of commons in full parliaments , and assented to by the whole english nation both in and out of parliament , the * commons being the original movers , promoters , contrivers of all or most of them : therefore they must be much more obligatorie to us and our po●eri●ies , than theirs . 4ly . their league , oath , was never ratified by any publique law or decree of the whole congregation and people of israel in any publike convention , but only by ioshua and the princes alone ; yet they bound the whole nation : ours have been approved , ratified , established , perpetuated by sundry successive acts , ordinances , votes of parliament from time to time , continuing still in their full legal force : therefore much more valid and binding to us and our posterities , than theirs . 5ly . that oath , league , was taken , sworn only by the princes themselves , not by the congregation and people of israel , yet they were all obliged by them . our oaths , protestation , league , covenant , have been sworn , taken not only by all our princes , nobles , officers of state , iustices , but likewise by all or most of the commons , & people of the land from time to time , both in and out of parliament : therefore much more obliging to us and ours , than theirs . 6ly . this oath , league of theirs to the gibeonites , was never taken and entred into for ought appears , but once , and that sodeinly , without any subsequent renovation or ratification ; but our oathes , protestation , league , covenant , have been swore , taken again and again , by all members of parliament , officers of state , iustices , graduates , lawyers , ministers , most souldiers , and others ; upon sundry emergent occasions , both in and out of parliament : therefore much more obligatory to us and our posterities , then theirs . 7ly . this oath , league , for ought wee read , was not made explicitly in precise terms with the gibeonites , their heirs and posteritie for ever , but only indefinitely , with the gibeonites then in being , whose lives they spared , as the words import ; yet because they were a people , state , citie , body politick , having a permanent succession ; it virtually and intentionally in their own and gods account too , extended not only to the gibeonites then living , but to their succeeding issues in sauls time , near 400 years after , and all succeeding generations ( as q perpetual national leagues use to do , ) but our oaths , league , covenant in direct terms extend not only to our kings to whom they were first made and sworn , but likewise to their heirs , successors , and royal posterity for ever , ( see 1 jac. c. 1. 3. jac. c. 4. 7 jac. c. 6. 1 eliz. c. 1. 3. ) therefore they must needs be more binding to us , our heirs and posterities in present and succeeding generations , than their to the gibeonites . 8ly . their league , oath , was only with foreign pagans , strangers , who became their mere slaves and bondmen in perpetuitie , and had not the least power , jurisdiction over them ; yet it bound them to strict observation . ours are made , sworn to our own christian , natural kings , princes , soveraigns , of our own flesh , bloud , nation , to whom we are natural borne subjects , and owe all dutifull allegiance by the laws of god , nature , nations ; therefore much more obliging to and most religiously to be kept by us and our posterities after us , than theirs . 9ly . ( which is most considerable ) this their oath , league , was made with such an idolatrous remnant of the ammonites , as god himself by express precepts had commanded the israelites to make no league , nor covenant with , upon any terms , but utterly to destroy with the edge of the sword without mercie , without saving any of them alive , exod. 23. 32. c. 24. 12. 13. deutr. 7. 1 , 2 , 3 , &c. c. 20. 16 , 17 , 18. psal. 106. 34. 35. ) yet notwithstanding having once entred into a league with , and sworn to them in the name of the lord , that they should live , ( though by their own fraud , circumvention , and misinformation ) god was so jealous of his own name , honour , glory , so unwilling that his own people should perjuriously , treacherously , perfidiously break their oathe , covenant sworn in his name , r being the highest , the most sacred inviolable obligations , securities that can be betweene god and men , man and man , nation and nation ; that he would rather have his positive judicial law , ( which ſ some conceive to have a tacit condition in it ) violated and dispensed within this case , ( it being not simplie evil in its own nature to spare the gibeonites upon their submission , but onlie a prohibited evil by particular precepts ) than his name prophaned , dishonoured , religious oaths wittinglie infringed , and perjurie committed by his own people , against his moral law , precept , being sinful , scandalous in their own nature , and of dangerous consequence to all posteritie , if admitted , approved , to encourage them to commit perjurie , and violate all lawfull oaths , covenants , in succeeding ages , to the scandal of religion , and prejudice of mankind . wherefore this oath , league , though against these judicial precepts , not only , firmly bound the princes who made them , and all the congregation in that age , but king saul himself , and all the israelites in succession four hundred years after . of which we have another president of joshuaes and the israelites care to perform their spies oaths made to rahab , and sworn unto her by the lord , to save her , her parents , kindred , and family alive ( though canaanites devoted by god to destruction ) iosh. 2. 1 , to 24. compared with c. 6. 21 , 22 , 23. heb. 11. 31. but our oaths , protestation , league , covenant were all made not to , or with amorites or canaanites particularly deuoted by god to the sword , slaughter , and utter extirpation without any truce or league of peace ; but to and with our own hereditary lawfull christian kings , their heirs , posterities , and successors , whose persons , lives , crowns , rights , and royal authoritie we are all expresly obliged , commanded by god himself , to defend , protect with our own lives , fortunes , estates to the uttermost of our powers , against all attempts , treasons , conspiracies , traytors , and invasions whatsoever . yea precisely prohibited to offer the least violence , injury to their persons , lives , and regal authority , in thought , word , or deed , prov. 24. 20 , 21. eccles. 8. 2 c. 10. 10. 1 sam. 24. 3 , to 20. c. 26. 8 , to 12. 2 sam. 1. 12 , &c. c. 4. 10 , 11 , 2 sam. 18 3 c 21 17 estch . 2. 21. 12. 23. c. 6. 2 rom 13. 1 , 2. 3. 1 pet. 2 12. 13 , 17. tit. 3. 1 1 tim 2. 2. 3. john 18 36. therefore our oaths , league , covenant , are much more obliging , and conscienciouslie to be observed by us , and our posterities for ever , than theirs to the gibeonites , as the only ready way to our peace and settlement . 10ly . this league of theirs to the gibeonites was ratified only with one single oath , yet it bound both them and their posterity ; but ours to our kings , their heirs and successors , is ratified with seven successive oaths , protestations , covenants , here recited , besides sundry others of like nature taken by our ancestors in former ages , which i pretermit . therefore much more strong , indissoluble , obliging to us and our posterities than theirs . if a threefold cord be not easily broken , eccles. 4. 12. much more then a sevenfold oath successively renued , should not easily or quicklie be broken , but remain inviolable to all posteritie . 11. the violation of this oath league to the gibeonites by saul , and the israelites near 400 years after its first making , when perchance quite forgotten by them , or conceived to be unbinding to them as gotten by surprise , as not made or taken by themselves , personal to the gibeonites and israelites then living when first made , or at least expired and grown quite out of date by so long a tract of time ; was reputed by god himself a great sinne , perjury in them , and exemplarie punished by god with three years famine on the whole land , though saul and the israelites then living never took this oath , nor made that league themselves , but onlie their ancestors , so long time before their births . therefore our violations of the forecited oaths , protestation , league , covenant , so freshlie made , taken , sworn , subscribed with hands lifted up to heaven , successivelie one after another , by whole parliaments , the generalitie of our nation ; and not onlie by our deceased ancestors , but by our selves in person , and so oft reiterated , yet infringed by us time after time in the highest degree , most needs be a more detestable damnable perjurie , crime , in the eyes of god than theirs , and draw a more long-lasting famine , and other sorer judgements of god upon our particular persons , * families , nation , than that breach of their oath and league with the gibeonites , brought down on them . 12ly . that oath , league , continued in force to bind the israelites , both to observation and punishment , when violated by king saul and them , after the whole frame of their government was quite changed from a principality or common-wealth ( as most of our present grandees would have it ) into a kingship and kingdom , by the earnest unanimous desire , consent of all the elders of israel , the generality of the people , and by gods own approbation , as is evident by the 1 sam. c. 8 , to c. 13. josh. 9. 2 sam. 21. compared together . therefore our oath , protestation , league , covanant forecited , must by like reason , consequence , much more oblige our whole nation in present and future to our kings , their heirs and successors , notwithstanding all late violent forcible illegal alterations , revolutions of our governments and governours , against the votes of both houses of parliament , the desires of the generality of our three nations , since our laws admit no interregnum nor disseisin of the crown , kingship , kingdom , ( as the statutes of praerogativa regis , 1 iacobi , ch. 1. cooks 7 rep. f. 10. and u other lawbooks resolve ) and so our violations of them must be more perjurious , sinfull , and exemplarily punishable , than theirs . 13. this oath , league with the gibeonites was violated by king saul , only out of zaeel to the children of israel , & iudah , who ( it seems ) solicited him thereunto for their own self-ends or advantage : yet this was no sufficient excuse , nor justification thereof in gods esteem , being punished with exemplarie justice on his posterity , and a three years famine upon all the land . therefore the violation of all our precedent oaths , protestations , covenants , by the army-officers , confederate members , and their adherents ( against the votes of both houses , the dehortations of our ministers , and desires of our three whole kingdoms ) must needs 〈◊〉 a far more detestable crime , and be avenged with a more heavy punishment both on them and us , than theirs was heretofore . 14. this breach of oath , covenant , notwithstanding all circumstances which might extenuate it , was most exemplary punished , though not on saul the chief offendor during his life , yet upon seven of his sons , and family after his death , in king davids reign , 35 years after this offence committed , and upon the whole nation by a three years famine , though it was never infringed but only by one single act , in slaying some of the gibeonites posterity , and not re-violated by any other subsequent slaughter of them . therfore though many of the grand infringers of the precedent oaths , protestation , covenant , may perchance scape scot-free for a time in their own persons , and die without exemplary justice inflicted on them for it , yet let them from this memorable president conclude for certain , that god will sooner or later avenge it upon their children and posterity to their utter extirpation , ( and on the whole nation too , as he hath done in a great measure already , ) it may be 35 years after the perjuries , treasons , committed in this kind , especially when not committed only once , but perpetrated and acted over sundry times by a continued , uninterrupted succession of new perjuries , treasons , and violations of them in the highest degree from day to day without fear or shame , as exod. 20. 5. c 34. 7. gen. 3. 14 , 15. 1 kings 2. 33. 2 kings 5. 27. jer. 22. 30. c. 36. 31. isay 14 20 21. mich. 2. 2 , 3 , 4 , 5. jer. 6. 15 c. 8. 12. may assure all our late and present . delinquents in this kind and their posterity , which texts they may do well most seriously to peruse , with bleeding and relenting hearts . 15. this their violation of their league , oath to the gibeonites was never openly justified , pleaded , written , preached , printed for , nor carried on with solemn fasts and humiliations , ( most * detestable unto god when thus abused ) nor yet solemnly abjured by new contrary oaths or engagements forcibly imposed on all the israelites , by saul and his counsel of state , to extirpate the gibeonites : yet it was thus severely punished by god himself on sauls posterity and the israelites . o then what soarer overflowing , desolating judgements , may our perjurious , fidifragus grandees , saints , nations , most justlie fear and expect will undoubtedly befall themselves , their posterities and our kingdoms , ( now almost ripened for destruction in wise mens apprehensions ) who have not only infringed all our oaths , covenants , protestations , to our lawfull kings , their heirs , successors , and posteritie over & over in the highest degree , but most impudently justified , pleaded , preached , written , for the lawfulness thereof ; yea kept manie hypocritical , atheistical mock-fasts and humiliations , to promote our most detestable perjuries , treacheries , abominations ; and publicklie abjured all our former loyal oaths , protestations , covenants , by new treasonable enforced oaths and engagements , diametrically repugnant to them . certainlie if this breach of oath by saul in slaying the gibeonites could not be expiated , nor the 〈◊〉 years famine inflicted on the whole land for it , removed by all king davids and the israelttes fasts prayers , tears , sacrifices ; till this sin of theirs was particularly be wailed , repented , removed , and full satisfaction made to the murdered gibeonites by david and his people , by delivering up seven of sauls sonnes and posteritie to be hanged up before the lord in gibeah of saul , for this perjurie and bloodshed committed so long before by saul their ancestor , the principal malefactor . we may justlie fear and conclude , that all our prayers , tears , fasts , humiliations , will never expiate the manifold open violations of these our oaths , protestations , leagues , covenants , by the murders of our late king , and manie thousands of our protestant brethren of all sorts for adhering to him , his heirs and posteritie ; the violations of the rights , privileges of parliament , beyond all presidents of former ages ; and securing , secluding the whole peers house , and majoritie of the commons heretofore and now again , and trampling our fundamental laws , liberties , properties , remonstrances , declarations , as well as oaths quite under foot , by new arbitrarie , tyranical acts , impositions , proceedings of all kinds , exceeding the worst of our former kings ; unlesse all these perjuries , treacheries , breaches of oaths , protestations , covenants in this kind be particularly and publickly confessed , bewayled , reformed , repented if not expiated with the like justice and executions upon the persons or sons of some of the most capital delinquents in this kind , to appease gods wrath , and preserve our whole three kingdomes from utter ruin ; our perjuries and breaches of all oaths , faith , trusts , being now so generallie and universally infamous throughout the world , that fides anglica , is become as proverbial as c fides punica , scotica , or hybernica in former ages , to our perpetual infamie : which , if this publication may redresse , reform for the future , i shall bless god for it , and have some hopes of better times , things , then yet we can possibly expect whiles under the guilt , breach of so many contradictory oathes , protestations , leagues , covenants , ingagements . by the antient oath of fealty and allegiance , ( which both the subjects of england , and kings , bishops , nobles , and subjects of scotland , made to the kings of england and their heirs , as supreme lords of scotland , in these words . ) ero fidelis & legalis , fidemque & legalitatem servabo , henrico ( & edwardo ) regi angliae , et haeredibus suis , de vita & membris , & terreno honore , contra omnes qui possa it vivere & mori : et nunquam pro aliquo portabo arma , nec ero in consilio vel auxilio contra eum vel haeredes suos , in aliquo casu qui possit contingere , sed fideliter recognoscam , et fideliter faciam servitia quae pertinent ad tenementum quod de eo tenere clamito , sic me deus adjuvet & omnes sanctos ejus . ( which oath 1 william king of scots and all his nobles swore to king henry the 2. et haeredibus suis , sicut ligio domino suo : and 2 iohn balliol , iohn comyn with all the nobles of scotland to king edward 1. and his heirs : anno 1293 , 1294 , 1297. ) they all in express terms obliged themselves and their heirs , to be true and faithfull subjects to the king and his heirs : which though valid , obligatories in it self to our kings postertie , yet some of our kings in their life-times , made both the scots and english subjects to take a new oath of fealty and allegiance to their heir apparent and his heirs , saving the fealty , homage and allegiance done to themselves . thus c william king of scots with all his nobles , barons , and knights of scotland , did fealty and homage to king henry the 2. and to henry his son , and his heirs , as to his liege lords , salva fide domini regis patris sui . anno 1175. yea before this , anno 1128. by the commad of king henry the 1. the archbishops , bishos , abbots , david king of scots , with all the earls and barons of england , swore homage and sealtie to maud his daughter and heir ut filiae suae imperatrici fide servata , regnum angliae haereditario jure post dies suos sibi et haeredibus suis legitime procreatis servarent nisi sobolem virilis sexus ipse rex in posterum procrearet . the persidious violation of which oath by them after king henries death in crowning stephen , brought * exemplary judgements on the wilfull violaters therof , and a bloudy , long-lasting civil warr within the bowels of the realm between maud , her son henry , and the usurper stephen , to the great oppression , devastation , desolation of the publique , & peoples , as our historians observe ; all the good they hoped for by disinheriting maud , and crowning stephen upon their own terms , against his own and their oathes , becomming void and null by his perfidiousness , through divine , justice , which will never permit any good things to spring out of such enormous evils as perjury and treachery ; which produced sundry judgments and civil wars , never ceasing till henry the right heir was restored to the crown by a friendly agreement ; the only probable , speedy way not now to end our present wars , oppressions , distractions , military government , and restore peace , and prosperitie in our nations . after this , an. 1191. upon the dejection of the insolent bishop of ely from his vicegerentship under king richard the first , e all the nobles of england assembling together , swore fealty to richard king of england , and to his heir against all men . the citizens of london swore the like oath ; and that if king richard should die without issue , they would receive earl john his brother for their king and lord , & juraverunt ei fidelitatem contra omnes homines , salva fidelitate regis richardi fratris sui as hoveden relates . in claus. 24 h 3. m. 15. dorso , soon after the birth of edward the 1. son and heir apparent to king henry the third , i find this memorable writ issued to all the sheriffes of england , to summon all persons above 12. years old , to swear fealty to him , as heir to the king , and to submit themselves faithfully to him as to their liege lord after his death . rex vic. eborum ▪ salutem ; praecipimus tibi quod in fide qua nobis teneris , et sicut teipsum et omnia tua diligis venire facias ad loca certa & ad dies certos , sicut commodius fiery potevit , omnes liberos homines de balliva tua aetatis 12. annorum et supra , et eos omnes coram te jurare facias ; ita quod haec sit forma juramenti sui , scilicet : quod ipsi salvo homagio et fidelitate nostra , qua nobis tenentur , & cui in vita nostra nullo mode renunciare volumus , fideles eritis edwardo filio nostre primogenito , ita quod side nobis humanitus contigerit , eidem tanquam hearedi nostro et domino suo ligio erunt fideliter intendentes , et eum pro domino suo ligio habentes . et talem circa hoc exhibeas diligentiam , ut inde merito debeatis commendari . teste meipso apud westm. 24 die febr. ann. r. n. 24. eodem modo scribitur omnibus vicecomitibus : and it appears by dors. 12. they were summoned and sworn accordingly . f in the parliament of 5 h. 4. rot . parl. n. 13. & 17. the lords spiritual and temporal , and commons , were sworn to bear faith and true allegiance to the king , to the prince , and to his issue , and to every one of his sonnes severally sucéeding to the crown of england ; and that of their own accord . the like oath was taken to the king , queen , prince edward , and the heirs of the kings body in the parliament of 38 h. 6. rot parl. n. 26. and to g prince edward son and heir apparent to king edward the 4th and his heirs , in the parliament of 11 e. 4. entred in the clause roll of 11 e. 4. m. 1. dorso . yet in point of law , conscience , the first oathes of fealty and allegiance to each of these kings his heirs and successors , * obliged all that took them as firmly to their heirs and successors , as their homages made by them to these kings or other lords , ( which extend equally to their heires , and shall not be h reiterated , nor renewed to them upon this account , unless in some special cases ) and binde not only those that took them , but their heirs and posteritie likewise , although they never tooke these oaths themselves , at least to a religious conscientious observation , though not to the actual legal penalties of perjury ; as angelus de clavasio in his summa angelica , tit. juramentum 5. sect : 24. 40. and other canonists distinguish ; and the forecited scriptures infallibly demonstrate ; especially being made for the publick good , peace , settlement . of the kingdom , warranted by the policie , presidents of all ages , prescribed by our lawes , parliaments , for the safetie , securitie , settlement , as well of our religion , church , kingdoms , government , as of our kings and their posterities , and so not o to be violated , through fear , menaces , hopes of worldly gain or preferment , nor dispensed with by any papal or other human power whatsoever ; the i breach of oaths , leagues , covenants , being a grand vickednesse and high prophanation of the truth , faithfulnesse , name , and constancy of god himself , as well as transgression of his law and gospel , deserving the highest temporal and ecclesiastical censures in this world , as well as eternal condemnation in the world to come , ezech. 17. 16 , to 22. & jer. 34. neh 5. 12. 13. 7. whether the late illegal oaths , ingagements to the new republicans and protectors , enforced on the people against their consciences , without any lawfull parliamentary authority ( which only legally make , prescribe , impose new oaths upon the nation , as the marginal k statutes resolve , past all dispute ) being directly contradictorie to their former lawfull oaths to our kings , their heirs and successors , be not absolutely void in conscience , yea mere prophanings , abuses of gods sacred name ; and if taken out of fear or weaknesse , no wayes to be observed , no more than davids oath , resolution to slay nabal with all his family , 1 sam. 25. or herods oath to herodias , which he had more justly violated than observed in beheading john the baptist , mat. 14. 6 , to 13. or those jews vow , who vowed they would neither eat nor drink till they had killed paul , acts 23. 21. &c. which sinful oaths , vows , were no wayes to be observed by shedding innocent blood , as both the fathers , councils , canonists , casuists , and scoolmen resolve , as you may read at large in gratian caus. 22. quest . 4. summa angelica , tit. juramentum , sect. 3. 45. peter lombard , sent. l. 3. distinct 29. & most schoolmen on his text , whose definitive doctrine is this : si quis alicui juraverit contra fidem , charitatem & officium , quod observatū pejorem vergat in exitum , potius est mutandum quam implendum : qui enim sic jurat vehementer peccat , cum autem mutat benèfacit : qui autem non mutat dupliciter peccat ; et quia injuste juravit , et quia facit quod non debet . and l that when a man hath once obliged himself by a legal oath to god and his soveraign , any latter oath repugnant to , or inconsistent with it is unlawfull : upon which account our m lawbooks and laws resolve , that when ever any man swears fealty , or doth homage to his landlord for the lands held of him , it shall be with this special exception , saving the faith which i owe to our lord the king , who is the soveraign lord of all his subjects , principally sworn unto , and to be obeyed in the first place before all or any others . hereupon n walter bishop of exeter , anno 6 e. 1. for omitting this clause out of the homage he received of his tenants in cornwall , in contemptum domini regis , & ad manifestam , quo ad privilegium ipsius domini regis exhaeredationem , et damnum ipsius domini regis ad valentiam decem mille librarum , he had judgement given against him for it upon an information , and was put to a great fine and ransome for this his transcendent offence . upon this very account honnore bonhor prior of salon , an eminent doctor of the canon law , in his larbre des battailles , ch. 50 , 51. resolves , out of other doctors , that if the king moves war against any baron of his realme , his tenants and homagers are not bound to assist him in his wars against the king by their homage or fealty , but rather to assist the king against him , because the king is soveraign lord to them both ; and the barons lesser and inferiour dominion , is swallowed up or suspended by the presence of the king , the greater and superior lord ; and because the baron commits both treason and perjury against the king , by violating his homage , in taking up arms against him ; ) whereupon his tenants are not bound to ayd him in his perjury and treason against his soveraign . and ch. 100 , 101 , 102. he determines , that if a man be a subject to two kings , states , or cities , which afterwards wage war against each other , he is bound to serve the king , state , city in the wars , to which he was first sworn and obliged , because his latter oath and homage to his last soveraign cannot invallid nor discharge his first oath and allegiance to his old one ; much lesse then can these later treasonable oaths , engagements to a new protector or republick , dispence with those antecedent legal oaths , protestation , covenant to our lawfull king and his heirs , nor oblige us in the least degree to fight against or oppose their persons , titles , rights , to perpetuate our wars , miseries , taxes , oppressions , confusions , and prevent our future settlement . let us therefore all now seriously remember , consider in the fear of god , that as all who have been judges , justices , maiors , bayliffs of towns , barresters , benchers , ministers , graduates in vniversities , attorneys , civil or ecclesiastical officers in any kind , members of the commons house , or tenants to the king , before the year 1649. have oft taken the premised oaths of maiors , iustices , fealty , or at lest of supremacy and allegiance ; so all aldermen , governors , assistants , livery men , common counsel-men , and freemen whatsoever of every city , corporation , society , company , fraternity , throughout the realme , have likewise taken another oath beginning thus , you shall swear , to be good and true , or true liegeman to our soveraign lord the kings majesty , and to his heirs and successors . which if they will all now conscienciously verifie and resolutely fulfil to the right heir and successor of the crown , they may soon put a period to all their present oppressions , taxes , excises , arbitrary militiaes , distractions , fears , dangers , under their new aegyptian tax-masters , and make themselves real english freemen , without any new warr , or much feared forein invasion , instead of continuing bondslaves under a misnamed free-state , in which no wise men can yet discern the least shadow of freedom or security , but inovitable desolation in the present posture of its publick affairs , and a necessity of involving himself in the guilt of new oaths , more treasonable than the * bishops late &c. oath , which can neither be imposed , nor administred without danger , and the guilt both of perjury and high treason to the king , kingdom , and parliament , by all our known laws resolution . i shall close up all with this memorable seasonable antient canon , resolution , and anathema of the 4th . council of tolede in spain anno 681. can. 74. as an effectual means ( through gods blessing ) to reclaim us from our former perjuries , treacheries , regends disloyalties to our lawfull kings and their posteritie , to restore them to their hereditarie rights , divert gods heavy judgements from us , to settle us in firm , lasting peace for the future , and restore our pristine tranquility , unity , trade , honour , prosperity so long expected , desired . k multarum gentium ( ut fama est , being then principally intended of the antient l britains , saxons , northumberlanders , exceeding all other nations in perjury , treachery to , rebellions against and murders of their kings , and now exceeded therein by us of this age ) tanta extat perfidia animorum , ut fidem sacramento promissam regibus suis observare contemnant , et ore simulant iuramenti professionem , dum retinent mente perfidiae impietatem . iurant enim regibus suis , et fidem , quam pollicentur , praevaricantur ; nec metuunt volumen illud judicii dei , per quod inducitur maledictio , multaque poenarum comminatio super cos , qui jurant in nomine dei mendaciter . quae ergò spes talibus populis , contra hostes laborantes , erit ? quae fides ultra cum aliis gentibus in pace credenda ? quod foedus non violandum ? quae in hostibus jurata sponsio stabilis permanebit , quando ipsis propriis regibus juratam fidem non servant ? quisenim adeò furiosus est , qui caput suum manu sua propria desecet ? illi ( ut notum est ) immemores salutis suae , propria manu seipsos interimunt , in semetipsos suosque reges proprias convertendo vires . et cum dominus dicat , nolite tangere christos meos , & david : quis inquit , extendet manum suam in christum domini , & innocens erit ? illis nec vitare metus ett perjurium , nec regibus inferre exitimn . hostibus quippe fides pacti datur , nec violatur . quod si in bello sides valeat , quanto magis in suis servanda est ? sacrilegium quippe est si violetur a gentibus regum suorum promissa fides , quia non solum in eos sit pacti transgressio , sed et in deum , in sujus nomine pollicetur ipsa promissio . indè est , quod multa regna terrarum , caelestis iracundia ità permutavit ; ut pro impietate fidei et morum , alterum ab altero solveretur . unde & nos cavere oportet , casum hujusmodi gentium , nè similiter plaga seriamur praecipiti , et poena puniamur crudeli . si enim deus angells in se praevaricantibus non pepercit , qui per inobedientiam coeleste habitaculum perdiderunt ; unde & per esaiam dicit : inebriatus est gladius meus in coelo : quantò magis nos nostrae salutis interitum timere debemus , nè per infidelitatem eodem saeviente dei gladio pereamus ? quòd , si divinam iracundiam vitare volumus , et severitatem ejue ad clementiam provocare cupimus , servemus erga deum religionis cultum , atque timorem , custodiamus erga principes nostros pollicitam fidem atque sponsionem . non sit in nobis , ut in quibusdam gentibus , infidelitatis subtilitas impia , non subdolae mentis perfidia , non perjurii nesas , et conjurationum nefanda molimina . nullus apud nos praesumptione regnum arripiat , nullus excitet mutuas seditiones civium , nemo meditetur interitus regum ; sed , desuncto in pace principe , primates gentis cum sacerdotibus ( filium ejus ) soccessorem regni constlio communi constituant , ut dum unitatis concordia à nobis retinetur , nullum patr●●e gentisque dissidium , per vim atque ambitum moliatur . quòd si haec admonitio mentes nostras non corrigit , et a● salutem communem cor nostrum nequaquàm perducit , audi sententiam nostram . quicunque ergò ex nobis , vel totius hispaniae populis , qualibet conjuratione vel studio sacramentum fidel suae , quod pro patriae gentisque gotthorum 〈◊〉 , vel conservatione regiae salutis pollicitus est temeraverit aut regem nece attrectaverit aut potestate regni exuerit , aut praesumptione tyrannica regni fastigium usurpaverit . anathema sic in con●pectu dei patris , et angelorum , christi , 〈◊〉 apostolorum ejus , spiritus sancti et martyrum christi , atque ab ecclesia catholica , quam perjurio prophanaverit , efficiatur extraneus , & ab omni caetu christianorum alienus , cum omnibus impietatis suae sociis , quia oportet , ut una poena teneat obnoxios , quos similis error invenerit implicatos . quod iterum , secundo , et tertio , replicamus et acclamamus . qui contra hanc nostram definitionem praesumpserint , anathema , maranatha ; hoc est , perditio in adventu domini sint , et cum juda scarioth partem habeant ipsi & socii sui , et cum diabolo et angelis ejus aeternis suppliciis condemnantur amen , finis . a postscript . many are the presidents of gods severe personal and national judgements inflicted upon perfideous perjurious infringers of their oaths and covenants to their lawfull soveraigns and their heirs , a both at home and abroad : for domestique presidents of this nature , i haue presented you with some signal ones , in the second part of my legal and historical vindication of the fundamental liberties , rights and laws of england , london 1655. p. 29 to 37 , 44 , 46 , 47 , 56 , 57 , 60 , to 65 , 79 , 80. & part 3. p. 23. 31 , 54 , 55 , 58 , 85 , 97 , 98 , 102 , 103 , 106 , 136 , 138 , to 146 , 170 , to 175 , 201 , to 229 , 254 , 256 , 258. 260 , 266 , 267 , 322 , to 327 , 333 , to 370. before the conquest . the like presidents since , you may peruse in henrici huntindonensis , hist. l. 8. p. 291 , 292 , 293. regeri de hoveden annalium pars prior , p. 483. holinshed , vol. 3. p. 46. and doctor beards theatre of gods iudgements , book 1. ch. 28. i shall instance only in two remarkable forein examples of this kind . the first is in the usurping b-c emperour rodulph , duke of swethland . pope hildebrand , antichristanly excommunicating his soveraign , the emperour henry the fourth , and absolving his subjects from their allegiance to him , profered the empire to this duke rodulph : who remembring his oath of allegiance sworn by him to this emperor , and how vile a part it would be for him to betray or supplant him he had sworn to obey and defend , at first refused the popes offer ; yet afterwards by the sophystry and perswasion of some bishops , he accepted and took upon him the title of emperour , opposing his liege lord henry in four several battels fought between them for the empire ; in the last whereof being vanquished , he was sore wounded , and lost his right hand . when he was readie to die of his wounds , one brought his right hand cut off in the battel unto him , which he beholding with much regret , in detestation of his perjury , and treachery through the popes violence , brake forth into these memorable words in the presence of many bishops who had perswaded him to this rebellion . behold here the right hand wherewith i swore faith and allegiance to my liege lord the emperor henry : this will be an argument of my breach of faith before god , and of your trayterous impulsion and advice thereunto . which having uttered , he immediately expired of his wounds in a kinde of despairing manner , as the just punishment of his perjury and treachery by his own confession ; magnumque mundo documentum datum est , ut nemo contra dominum suum censurgat nam * abscissa rudolphi dextera dignissimam perjurii vindictam demonstravit , qui fidem domino suo regi juratam violare non timuit , et tanquam alia vulnera non sufficerent , ad mortem accessit etiam hujus membri poena , ut per poenam agnosceretur et culpa : as an c historian of that age observes in the life of henry the 4th . let those perjurious perfidious army-saints and other grandees who have taken , subscribed the precedent oathes , protestation , league covenant , with hands layd upon the bible , and lifted up to the most high god ; and yet have since taken , subscribed with the self-same hands , an oath and ingagement diametrically contrary thereunto , to the destruction of our kings , kingdoms , parliaments and their privileges ; and are still stretching out their perjured hands against the lawfull heir and successor to the crown , remember this sad president of rodulph with fear and trembling . to which i shall annex another sadder and more tragicall spectacle , never to be forgotten ; d vladislaus king of hungary , having made a truce with amurath the 2. ( the sixt king of the turkes ) which he sealed and swore unto in the name of christ : by the command of pope eugenius , and perswasions of his legat , cardinal julian and other prelates , who absolved him from this oath , he violated it in a most perfidious manner , and soon after taking amurath unprovided to fight , gave him battle at varna with a puissant army , and was likely to rout him upon the first encounter . upon which occasion amurath being in extream fear and danger , beholding the crucifix in the displayed ensigns of the christians , pluckt the writing out of his bosome wherein the league was comprised , and holding it in his hands with his eyes cast up to heaven , used these words . behold thou crucified christ , this is the league thy christians in thy name have made with , and sworn to me ; which yet they have without any cause on my part , violated ; now if thou be a god , as they say thou art , and as we dream , revenge the wrong now done unto thy name and me , and shew thy power upon thy perjurious people , who in their deeds deny thee to be their god . upon the uttering of which words , the battel presently turned , huniades , that valiant general and the hungarians fled , the whole army was routed , many thousands of them slain , and taken prisoners ; perjured king vladislaus , cardinal julian , with most of the prelates and nobles who perswaded him to this breach of faith slain in the field ; the greatest part of hungary overrun , gained , and ever since possessed by the turks , vdalislaus his head cut off in the battel , after was fixed on a poll , carried through grecia and asia in triumph , and shewed to the people as a monument of gods justice on him for his perjury . and will not the blood of our beheaded king , the disinheriting of his heir and successor , the abjuration of kingship it self , & the house of lord , the subvertion of all the rights , freedoms , privileges of parliament , by those in late and present power , against all the premised oaths , protestations , solemn league and covenant , sworn by them in the name , presence of god himself , and the lord jesus christ , with hands laid on the evangelists , and listed up to heaven , and then subscribed for a perpetual memorial ; cry aloud to god and christ for the like avenging justice from heaven against the perjurious infringers of them in a far higher degre than vladislaus was guilty of , if spread and held up before them by the disinherited king and lords ? no doubt it will in gods due time , if not speedily , really and deeply bewailed repented of , by a plenarie satisfaction and restitution : and cause god to shake out every man ( and his posterity too ) from his house , and from his labour , and empty him and his of all present honours and enjoyments , ( as nehemiah shaked and emptied his lap , ) that performeth not these oaths , protestation , league , covenant , to which he and all the congregation have said amen , neh. 5. 12 , 13. since the e very pagan graecians , and romanes insinuated as much in the ceremonies of their sacred oaths , wherein they prayed , that if they did not faithfully observe them without guile , that jove and the other gods would smite and slay them as they did the lamb they then sacrificed to them , and that they might be cast out and perish like the stone they threw out of their hands when they swore ; the religion of an oath , being so great amongst the very heathens , that they thought all human society abolished with its violation , and those persons unworthy to live or breath amongst men , who durst presume to infringe it , though to their losse and prejudice . and shall they not condemn us christians , and those most refined saints of this age , who like the perfidious atheistecal f carthagenians , thessalonians , and parthians , regard neither god , nor altars , nor covenants , nor oaths , no farther than they serve their turnes to cheat and circumvent men ; to whom profit is more sacred than faith or oaths ? no doubt they will . ezech. 17. 18 , 19 , 20 , 21. seeing he despised the oath by breaking the covenant , ( when lo , he had given his hand ) and hath done all these things , he shall not escape . therefore thus saith the lord god , as i live , surely mine oath that he hath despised , and my covenant which he hath broken , even it will i recompence upon his own head . and i will spread my net upon him , and he shall be taken in my snare , and i will bring him to babilon , and will plead with him there , for his trespasses that he hath trespassed against me . and all his fugitives , with all his bands shall fall by the sword , and they that remain shall be scattered towards all windes ; and ye shall know , that i the lord have spoken it . finis . errata . p. 13. l. 6. 1647. r. 1657. p. 16. l. 6. justification , r. prevarication . p. 18. l. 2. meetings , r. mutinies . margin . p. 23. l. 7. r. sacramenti . notes, typically marginal, from the original text notes for div a70864e-350 a bracton , l. 3. tract. 2. c. 1. britton c. 12. lambardi , archaion , ll. edwardi confessoris lex , 35. spelmanni glossarum , p. 267 , 268. cook 7 rep● calvins case . 1 instit. f. 64 , 65 , 67 , 68. tottles magna charta . f. 164. kitt . f. 46. exact collection ▪ p. 370. joh. seldeni , ad eadmerum notae , p. 190 , 191. * see gratian caus. 22. ●u . 5. de forma fidelitatis . b tottles magna charta , f. 166. iuramentum majorum & ballivorum . c tottles magna charta , f. 165 , 157. claus. 35 e. 1. dors . 7. kitchin , f. 46. 47. d 18 e. 3. stat . 4. 20 e. 3. c. 1 , 2. claus. 20 ● e. 1. pars 1. do s . 13. 3 r. 2. rot. parl. n. 38 , 39 , 40 , 41. rastall iustices , 2 rot. parl. 25 e. 3. n. 10. cooks 3 instit. p. 145. c see exact collection , p. 278 , 296 , 337 , 340 , 342 , 361 , 367 , 491 , 498 , 522 , 523 , 666 , 770 , 828 , 839. * and have they not been so more since and now , then ever before ? * as since and now , by doubled illegal taxes , excises , high courts of justice , arbitrary junctoes , and their new knacks . * new quite sold and consumed . * have they not since that in 1648. and now again effected it ? f a collection of ordinances , p 327 , 359 , 390 , 399 , 404 , 416 , 420 , to 428. 458 , 459. 606. 690. 702. 751. 768 , 769. 798. 802 , 803. 806 , 807 , 808 , 878 , 879 , 889. quaere , whether this be not violated in every branch in the highest degree ? g exact collelection , p. 769. exact abridgement of the records in the tower , p. 157. 176. 454. see oath in the table . h see my true and perfect narrative , p. 22 to 40. 92. i the true state of the case of the common-wealth , p. 9 , 11. ‖ juramenta illicita , jurari . et jurata servari non debent . gratian causa 22. qu. 4. throughout . i st. aug. de verbis apostoli . serm. 30. gratian . caus. 22. qu. 1 , 2 , 5. grotius de jure belli & pacis , l. 2. c. 13. jusjurandum habetur apud omnes ultimum atque firmissimum & fidei mutuae & veracitatis pignus . procopius persi● corum . l. 2. ultima fides inter homines tum g●a●cos , tum barbaro , quam nulla delebit aetas , est ea quam per jurata pacta sponseres adh●bet deos. dionys . hallicarnast . antiqu. rom. nullum vinculum ad adstringendam fidem , majores nest●i juramento arctius esse voluerunt . cice●● offic. l. 1. k s. augustin , gratian , & grotius : ibidem . caelius rhodiginus lectionum antiq. l. 21. c , 15 , * qui perjurare compellit et qui compellitur utrique sunt perjuri & homicidae : dominus quia praecepit , miles quia plus dominum quam deum & animam suam dilexit . gratian causa , 12. qu. 5. augustin , serm. 30. de verbis apostoli . * see vegetius de re militari , 1. 2. alexander ab alexandero . genial dierum , l. 1. c. 21. l 6 c. 23. calvini lexicon juridicum : tit. juramentum militare , fr. connanus , l. 5. c. 3. grotius de jure belli , l. 1. c. 2. * see levit. 23. 41. * littleson , firzh . brook , ash , tit. warranty , covenant , obligation , condition , tenure . m prov. 24. 20. 21. rom. 13. 3. 4 , 5 , 6. 1 tim 2. 2 , 3. 1 pet. 2. 13. 14. n my true & perfect narrative , p. 95. * jesus pacem quam dederat revocandam non censuit , quia firmata erat sacramenti religione , ne dum alienam perfidiam arguit , suam fidem solveret . ambrosius de officiis , l. 3. c. 10. * archbishop vshers annal. vet. testamenti , anno 2553. 2983. 2986. * see 7 jac. c. 6. 17 car. c. 7. & here , p. 7. q 1 kings 15. 19. cook 4 instit. c. 26. p. 155 , 156. 4 ii. 5. rot. parl. n. 24. ● e. 4. 2. see br. & fith . tit. corporation , abbie , cooks 1 instit. f. 2. 94. 102 , 150. grotius de jute delli , l. 2. c. 13. sect. 4. 7. see magna charta the prologue , and cap. ult. r hebr. 6. 16 , 17 , 18. grotius de'jure belll . ſ grotius de jure belli , l. 2. c 13. §. 4. 7. * vastat stirpemque , domumque , herodotus , lib. 11. u see 〈…〉 b●ook , ash . title intrusion , prerogative . * isay 58. 3 , 4. 6. &c. c. 〈◊〉 1● . to 16 c. 6● . 3. prov. 21. 27. c erasmi a dagia . walsingham hist. ang. antiquit. eccl. brittan . p. 295 , 296. giraldus cambrenfis typographiae hyberniae , c. 20 , 22 , 24. 1 roger de hoveden , annal. pars porior , p. 545 , 546 2 tho , walsingham hist. angliae , p. 22. 33 , 34. mat. westm. anno 1293 , 1294 , 1297. c hoveden , p. 545 , 546 , 549 , 550 , hovenden annal. pars posterior , p. 480. simeon dunclmensis hist , col . 254. radulphus de diceto abbrev . chron col . 504. chronicon johan . bromoton . col . 1006. henry de knyghton de eventibus angliae l. 2. c. 9. gul. nubrigensis , hist. l. c. 3. 4. 30 , 3 a. mart. paris , mat. westminister , holinshed , caxton , fabian , speed , in the live of h. 1. stephen , & h. 2. * holinshed , vol. 3. p. 46. e hoveden annal. pars posterior , p. 702. 718. f exact a. bridgement of the records in the tower , p. 426 , 427. 662. 663. g the first part of my register of parliamentary writs , p. 108 , 109. * 26 h. 8. c. 2. 28 h. 8. c. 7. h littleton , sect. 148 , 149. britton f. 175 , 176. cookes 1 instit. f. 103 , 104. i see aug. serm. 30. gratian causa 22. q 1. 25 summa angelica , tit. juramentum & perjurium . bochellus decreta eccles. galli . canae , lib. 8. tit. 13. de jurejurando & perjurio . chrysostom homil. 17 in mat. & hom. 9 12. in acta apost. dr beards theatre of gods judgements , l. 1. c. 28 cooks 3 instit , . c 74. k mag. charta c. 28. 51 h. 3. stat. of the eschequer , 51 h. 3. c. 22. 3 e. 1. c. 14. 40. 6 e. 1. c. 8. 9 e. 3. stat. 2. c. 6 , 14 e. 3. c. 5. 18 e. 3. stat . 3. 20 e. 3. c. 1 , 2. 25 r. 3. c. 1. 27 e. 3. par. 2. c. 1. 10. 16. 24. 26. 5 r. 2. c. 2. 12 , 13. 6 r. 2. c. 12. 12 r. 2. c. 28. 17 r. 2. c. 9. 21 r. 2. c. 5. 4 h. 4. c. 10. 18. 20. 21. 2 h. 5. c. 4. 6 , 7. 4 h. 5. c. 2. 4. 2 h. 6. c. 10. 18 h. 6 c. 4. 10. 20 h. 6. c. 10. 23 h. 6. c. 2. 33 h. 6. c. 3. 5. 3 e. 4. c. 3. 7 e. 4. c. 1. 8 e. 4. c. 2. 12 e. 4. c. 2 , 3. 17 e. 4. c. 2. 1 r. 3. c. 6. 19 h. 7. c. ●4 . ● h. 8 c. 8. 3 h. 8. c. 2. 14. & 15 h. 8. c. 3. 21 h. 8. c. 16. 21 & 22 h. 8. c. 7. 23 h. 8. c. 5. 25 h. 8. c. 20. 26 h. 8. c. 2. 4. 13. 27 h. 8. c. 27. 28 h. 8. c 7. 10. 32 h. 8. c. 45. 35 h 8. c. 1. 5 e. 6. c. 5. 1 eliz. c. 1. 5 eliz. c. 1 , 23 eliz. c. 6. 2● eliz. c. 12. 43 eliz. c. 12. 1 jac. c. 31. 3 jac. c. 14 , 15. 7 jac. c. 2. 6. 21 jac. c. 7. 20 , 21. the petition of right 3 car. 17 car. c. 7. 1 car. c. 1. 2 car. c. 1. l summa angelica . juramentum 5. sect. 16. m glanvil l. 9 , c. 1. mirrour . c. 3. bracton , f. 78 , 80. britton , f. 170 , 171. littleton , sect. 85. cook 1 instit. f 64. 65. spelmanni glossarium , p. 356 , 357 , 358. n cooks 1 instit. f. 65. * see cooks 3 instit. cap. 1. 74. capterburies doom , p. 19. 26. 40. k surius concil. l. 2. p 736 , 737. see king james his apoligy for the oath of allegiance . l gildas de excidio & conquestu britanniae concil. c. 12 calcuth , spelmanni concil. p. 295 , 296. malmesburi de gestis reg. l. 1. c. 3. p. 16 , 27. mat. westm. anno 838. notes for div a70864e-8460 a see huntindon hist. l. 7. p. 367 , 368. hoveden annal pars prior , p. 449. b-c ca●onis chronicon . grimstons imperial history , in the life of rodulph . dr. beards theatre of gods judgements , l. 1. c. 28 , p. 174 henrici mutii chronicon germaniae , l. 15. * the right hand of a perjured person was to be cut off by sundry laws : constitutionum sicularum l. 3. tit. 59. capit. caroli magni , l. 5. tit. 125. legis longobardorum , l. 2 tit. 58. c germaniae historiarum tom. 1. francofurti 1558. p. 383. d aeneae picolominei cardinalis status europae sub frederico 3. c. 4. knolls turkish history , p. 297 , 298. e titus livius hist. l. 1. & 20. caelius rhodiginus . antiqu. lect. l. 21. c. 15. alexander ab alexandro , gen. dierum l. 5. c. 10. grotius de jure belli . l. 2. c. 13. f alexander ab alexandro l. 5. c. 10. a new discovery of the prelates tyranny in their late prosecutions of mr. william pryn, an eminent lawyer, dr. iohn bastwick, a learned physitian and mr. henry burton, a reverent divine wherein the separate and joynt proceedings against them in the high commission and star chamber their petitions, speeches, cariages at the hearing and execution of their last sentences prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a70870 of text r13582 in the english short title catalog (wing p4018). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 81 kb of xml-encoded text transcribed from 26 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a70870 wing p4018 estc r13582 12717577 ocm 12717577 66246 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a70870) transcribed from: (early english books online ; image set 66246) images scanned from microfilm: (early english books, 1641-1700 ; 254:e162, no 1 or 254:e162, no 2) a new discovery of the prelates tyranny in their late prosecutions of mr. william pryn, an eminent lawyer, dr. iohn bastwick, a learned physitian and mr. henry burton, a reverent divine wherein the separate and joynt proceedings against them in the high commission and star chamber their petitions, speeches, cariages at the hearing and execution of their last sentences prynne, william, 1600-1669. bastwick, john, 1593-1654. burton, henry, 1578-1648. england and wales. parliament. house of commons. [2], 48, 226 p. for m.s., printed at london : 1641. a briefe relation of certaine speciall and most materiall passages and speeches in the starre-chamber occasioned and delivered the 4th of june 1637. reel 254:e.162, no. 2. dr. bastwick's answer : 254:e.162, no. 2 p. 17. mr. burton's answer : 254:e.162, no. 2 p. 25. errata listed at end of 254:e.162, no. 2 p. 227. reproduction of original in thomason collection, british library. eng bastwick, john, 1593-1654. burton, henry, 1578-1648. prynne, william, 1600-1669. -summary collection of the principal fundamental rights, liberties, proprieties of all english freemen. great britain -history -charles i, 1625-1649. a70870 r13582 (wing p4018). civilwar no a new discovery of the prelates tyranny, in their late prosecutions of mr. william pryn, an eminent lawyer; dr. iohn bastwick, a learned phy prynne, william 1641 14001 69 0 0 0 0 0 49 d the rate of 49 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2004-06 tcp assigned for keying and markup 2004-06 apex covantage keyed and coded from proquest page images 2004-07 emma (leeson) huber sampled and proofread 2004-07 emma (leeson) huber text and markup reviewed and edited 2004-10 pfs batch review (qc) and xml conversion a new discovery of the prelates tyranny , in their late prosecutions of mr. william pryn , an eminent lawyer ; dr. iohn bastwick , a learned physitian ; and mr. henry burton , a reverent divine . wherein the separate , and joynt proceedings against them in the high-commission , and star chamber ; their petitions , speeches , cariages , at the hearing , and execution of their last sentence , and the orders , letters for , and manner of their removes to , and close imprisonments in the castles of lanceston , lancaster , carnarvan , and isles of sylly , garnsey and jersy ; the proceeddings against the chestermen , and others before the lords and high commissioners at yorke for visiting mr. pryane ; the bishop of chesters order , for ministers to preach against m. prynne , and the yorke commissioners decree to deface , and burne his pictures at chester high-crosse . the house of commons order for , and manner of their returnes from exile ; their petitions to the parliament ; the votes of the commons house upon the report of their cases , declaring the proceedings and censures against them illegall , groundlesse , and against the subjects liberty , with m. prynnes argument , proving all the parts of his censures , with the proceedings against him , and his chester friends at york , to be against law ; are truly related ; for the benefit of the present age , and of posterity . seneca , medea . qui aliquid statuerit parte inaudita altera ; licet rectè statuerit , haud aequus est iudex . psal 94 20 , 21 , 22 , 23. shall the throne of iniquity have fellowship with thee , which frameth mischiefe by a law ? they gather themselves together against the soule of the righteous , and condemne the innocent blood : but the lord is my defence , and my god is the rock of my refuge ; and he shall bring upon them their owne iniquity ▪ and shall cut them off in their owne wickednesse ; yea , the lord our god shall cut them off . printed at london for m. s. 1641. to the courteous reader . kinde reader , i here present thee with a late tragicall history , or new discovery of the prelates tyranny , in their unjust prosecutions , and bloody persecutions of three eminent persons of the three most noble professions in the kingdom , divinity , law , physick ; all suffering together on the pillory ( much honoured by them , and they by it ) & losing all their eares at once , to make themselves heare better , and the prelates * worse . such a spectacle both to men , and angels , no age ever saw before ; and posterity is never like to behold hereafter . to heare of lord bishops metamorphosed into * ravenous wolves , is no noveltie ; they have been thus in every age , and will be so , whiles they have continuance : but to see them mounted to such an altitude altitude of authoritie , and tyranny , as to crucify divinity , law , physick on the pillorie together , and to make judges , peeres , and courts of justice , if not soveraignitie it selfe , the * executioners of their malice , cruelty , and private revenge , by such extravagant and untroden courses as were unknown to our ancestors , is such a prodigious innovation , as neither affrica nor england ever beheld the like ; and never had beene brought forth into the world , had not a venomous archprelate proved a father to engender , a mother to foster , a midwife to produce and bring it to its birth . but alas poore silly politician ! whiles he sought these innocents ruine by those unwarrantable practises , he laid but the foundation of his own overthrow ; in the * snare that he layd for them , is his own foote taken , into the pit that he digged for them , he is fallen himselfe ; his snares are broken , they are escaped , and he now lies intangled in them ; he is * cast down and fallen , but they are risen & stand upright ; his mischiefe now returnes on his owne head , and his violent dealing comes downe upon his own pate ; evill now hunts this man of violence to overthrow him , and the mischiefe of his owne lips doth cover him . * as hee hath done , so god hath requited him . * whiles he made hast to shed their blood , he did butlie in waite for his own ; and he * that did violence to the blood of these persons , now fleeth to the pit , ( as god hath threatned ) let no man stay him ; but let all stand admiring gods iustice upon him , and his admirable providence , and mercie in preserving , delivering , and * acquitting them from his unjust censures , and that in the highest court of iustice , without one negative voyce . the manifestation of this remarkable iustice , mercy and providence of our great god , ( * glorious in holinesse , fearefull in prayses , working wonders ; not onely of old , but at this present , even in all our eyes , * doing great things for these patients , for the whole land , whereof we rejoyce ) was the chiefe end of publishing this discovery , whereby to daunt all gracelesse persecutors , and cheare the soules of all sincere professors . if thou reape benefit or comfort from it , let god enjoy thy prayses , the compiler hereof thy prayers . farewell , and profit by what thou readest . a new discovery of the prelates tyranny , in their late prosecutions of doctor bastwick , mr. burton , and master prynne . the now arch-bishop of canterbury , with some other prelates of the arminian combination , maligning master prynne , & master burton , for some bookes they had written against the arminians and d. cosens his private devotions ; about 12. yeares since , getting the raines of ecclesiasticall authority into their owne commands , prosecuted them severall times and tearmes in the high commission , for those their profitable , and innoxious bookes : whence being delivered by prohibitions , granted them out of the kings temporall courts at westminster ; these prelates grew more * inraged against them , watching every opportunity , and laying hold on any occasion to worke their ruine . master prynne not long after , about christide 1632 , published a booke against common enterludes , intituled , histrio-mastix , licensed for the presse by one master buckner , house-hould chaplin to the then arch-bishop of canterbury , abbot ; and published with his approbation , after serious perusall thereof , both in the written , and printed copy . it came to passe , that some six weekes after the publication of this booke , the queenes majesty acted a part in a pastorall at somerset-house ; and there being some passages in this booke against women-actors , among the ancient romans , grecians , and spaniards , quoted out of fathers and forraigne authors ; and this reference to them in the table of the booke , women-actors notorious whores , relating to those women-actors only whom these authors thus branded ; canterbury & the prelates by their instruments , the next day after this pastorall acted , carrying master prynnes booke to his majesty , * shewed him some of those passages , especially that in the table , and misinformed his highness● and the queene , that master prynne had purposly written this booke against the queene , & her pastorall ; whereas it was licensed , and most of those passages printed neere two yeeres before ; and the whole booke finished at the presse at least three moneths , and published six weekes before the personating of this pastorall : but this misinformation onely exasperating the king and queene against master prynne for the present , and not taking effect to worke his restraint , their majesties being truly informed by others , that this booke was written ▪ and printed long before this pastorall was thought of ; the now archbishop thereupon caused doctor heylin ( whom master prynne had refuted in * that booke by the by ▪ in a point concerning saint george . ) to collect such passages out of the booke , and digest them into severall heads , as might draw master prynne into question for supposed scandals therein of the king , queene , state and government of the realme ▪ hereupon the doctor drawes up such collections , digested into seven heads , with his owne malicious inferences upon them , not warranted by master prynnes text , and delivers them in writing to secretary co●ke , and the arch-bishop . the prelate thus furnished by his minion , takes mr. pryns booke , and these collections , and repaireth with them , on the second lords-daymorning in candlemas tearme 1632 , to lincolns inne , to master noy then kings attourney generall ; and keeping him on that sacred day both from the chappell and sacrament , ( which he then purposed to receive ) shewed him the said book and collections of some passages out of it , which he said , his councell informed him to be dangerous : & charged him on that duty he owed to his master , the king , to prosecute master prynne for the same . master noy before this , had twice read over the said booke very seriously , and protested , that he saw nothing in it that was scandalous or censurable in star-chamber , or any other court of iudicature ; and had thereupon commanded one of the books ( which master prynne delivered him ) to be put into lincolns inne library for the use of the house ; in so much that he was so discontented at this command of the arch-prelate , that he wished he had beene twenty miles out of towne that morning . but being commanded hee must obey ; and within few dayes after , master prynne , by this prelates instigation , was sent for before the lords to the inner star-chamber , and by them sent prisoner , with 4. of the kings guard to the tower of london , on feb. the first 1632 , with this warrant , to which this prelates hand among others , was subscribed . after our hearty commendations ; whereas there is cause to restraine william prynne esquire ▪ and to commit him to your custody , these are therefore to will and require you to receive into your charge the person of the said william prynne , and to keepe him safe prisoner in the tower , without giving free accesse to him , untill you shall receive further order : for which this shall be your warrant . from the star-chamber the first of feb. 1632. thomas coventry . archbishop of yorke . h. manchestour . dorset . faukland . guil. lond. now canter . edward nuburgh . iohn cooke . tho. germine . francis windebanke . to our loving friend , sir william balfore , knight lieutenant of his majesties tower of london . by force of this generall warrant , against law , wherein no cause of co●●itment is specified , master prynne was kept pri●●●●r in the tower , without bayle or maineprise , notwithstanding his oft petitions for release absolute , or upon bayle , till master noy , ( sending for the said heylins collections , ) exhibited an information against him in the star-chamber for his said licensed booke the 21 of inne following , and prosecuted it so , that not permitting master prynne to be bayled , not yet so much as to repaire to his counsell , with his keeper ; on the 17 of feb. 1633. he procured this heavy sentence against him in that court : that master prynne should be committed to prison during life , pay a fine of 5000 pounds to the king , be expelled lincolns inne ▪ disbarred ▪ and disabled ever to exercise the profession of a barrester ; degraded by the university of oxford , of his degree there tak●● ; and that done ●e set in the pillory at westminster , with a paper on his head declaring the nature of his offence , and have one of his eares there cut off , and at another time be set in the pillory in cheap-side , with a paper as aforesaid ; and there have his other eare cut off ; and that a fire shall be made before the said pillory , and the hang-man being there ready for that purpose , shall publikely in disgracefull manner , cast all the said bookes which could be produced , ( to gather up which , messengers with speciall warrants , were sent to bookesellers into divers counties ) into the fire to be burnt , as unfit to be seene by any hereafter ; no particular passages of the said booke , on which their unparallelled sentence was grounded , being so much as mentioned in the information , replication , or decree as by law they should , and doubtlesse would have beene , had they beene really effensive , demeriting such a censure . but the innocency of these misconstrued and perverted passages ( being for the most part the words of other approved authors , ) was the cause of their concealement and not recording : and though many of the lords never dreamed of any execution of this hard judgement , and the queene ( whom it most concerned ) earnestly interceded to his majesty to remit its execution ; yet such was the prelates power and malice , that on the seventh , and tenth of may following , ( even in cold blood ) it was fully executed with great rigour . whiles master prynnes wounds were yet fresh and bleeding , within three dayes after his execution , this arch-prelate of canterbury , to adde more waight to his affliction , against all law and equity , when there was no suite pending against master prynne in the high commission , & his fine in star-chamber un●streated , granted this warrant out of the high commission for the seisure of the books of his study , ( conveyed to his taylors house in holborne ) of which his spies had given him intelligence . vpon speciall consideration , these are to will and require you in his majesties name , by vertue of his highnesse commission for causes ecclesiasticall under the great seale of england , to us and others directed , that forthwith upon the receite hereof , you ( taking a constable and such other assistance with you which you shall thinke meete ) enter into the house of thomas edwards dwelling in holborne , and therein and in every severall roome or place thereof , or in any other house or place , as well in places exempt , as not exempt , and that thereupon you doe make diligent search for all pamphlets , books and writings , either in hampers or otherwise , belonging to master prynne , and all such so found to seize and apprehend , and attach , or cause to be seized , apprehended and attached , and that thereupon you detaine them under safe custody , and bring a true inventory of them forthwith before us or others our colleagues . his majesties commissioners in that behalfe appointed , that thereupon they may be disposed of according to the * law , and as shall be thought meete , and agreeable to iustice ▪ willing and requiring in his majesties name , by authority aforsaid , al iustices of peace , majors , sherifes , constables , bayliffes , and all other his majesties officers , and loving subjects to be ayding and assisting unto you , in and about the execution hereof , as they tender his majesties service , and will answer the contrary at their perill . given at london , this thirteenth day of may , 1634. will. canter . na. brent . jo. lambe . utro . gwynne . arth. ducke . ro. aylett . tho. mottershed deputatus geo. paule mi. regstrar , regij . to humphry crosse one of the sworne messengers of his majesties chamber , and also to william ●la●sted his deputy , and to either of them . by vertue of this warrant one cartlode of master prynnes bookes were there seised , and carried away by crosse ; of which master prynne complaining , the archbishop in the open court in star-chamber denyed the granting of this warrant , though yet extant under his hand , and promised present restitution of the bookes ; and yet gave under hand order for detaining them till they were extended , and sold for master prynnes fine in star-chamber ; such saith and truth is there in prelates words and actions . master prynne remained sundry yeares a prisoner in the tower by force of the former censure : during his imprisonment 〈◊〉 , the prelates brought doctor bastwicke into their high commission inquisition , for his elenchus papismi , and flagellum episcoporum latialium : and there ▪ without any just ground or cause at all , passed a heavy and unjust censure upon him ; by vertue whereof hee remained close prisoner two yeares in the gate-house , the limbus pat●●m of our ghostly fathers ; where he writ a latine booke sti●ed , apologeticus ad praesules : anglicanos , dedicated to the lords of councell , declaring the injustice of the proceedings and censure against him in the high commission , which was printed , and a letany in english . not long after master burton upon the fifth of november , 1636. preached two sermons in his owne parish-church in friday-streete in london upon prov. 24. 21. 22. my sonne feare thou the lord , and the king , and meddle not with those that are given to change , &c. wherein hee laid open the innovations in doctrine , worship and ceremonies , which had lately crept into our church , and wished the people to beware of them , the archbishop hearing of it , causeth articles to be drawne up against him in the high commission , and summoned him to answer them , out of tearme , before doctor ducke , at cheswick ; where he appearing , instead of answering , appealed to the king , which appeale was formally entred by the register : yet notwithstanding , within 15. dayes after , they summoned him to appeare before a private commission at doctors commons , by direction from the arch-bishop , and there suspended him , both from his office and benefice , and granted out attachments to apprehend him : he hereupon keepes his house , prints his sermons , with an apologie , to justifie his appeale ; which hee dedicated to the king , with epistles to the lords of the counsell , to whom his wife presenting some of those printed sermons , by his direction , was committed by the lords for her paines . the high commission pursevants not daring to breake open master burtons doores to apprehend him , the archbishop , and bishop of london made a warrant to one dendy a serjeant at armes , to apprehend him , of which this is a true coppy . these shall be to will and require you to make your immediate repaire to any place where you shall understand of the present being of henry burton clarks , and having found him , to take him into your custody , and to bring him forthwith and in your company ( all delayes and excuses set a part ) before us , to answer to such matters as shall be objected against him . and you are further by vertue hereof to require and charge all majors , sheriffes , iustices of peace , bayliffs , constables , headborughs , and all other his majesties officers and loving subjects , to be ayding and assisting unto you , in the full and due execution of this service , whereof neither they nor you may fayle at your perill● . and this shall be unto you and them a sufficient warrant , dated at star-chamber the first of feb. 1636. * w. cant. guil. london . henry . vaine . tho. coventrey . arundell and surrey ▪ i. coke . to edward dendy esquire , one of his majesties serjeants at armes . by force of this illegall warrant ( expressing no cause of master burtons apprehension as by law it ought ) serjeant dendy came to master burtons house in friday-streete , the same evening betweene ten and eleven of the clocke at night , accompanied with alderman abel ▪ then sh●●iffe of london , and diverse armed officers and pursevants , and be●●●ting his house , * violently broke open his doores with iron crowes , and attached him in his house , he making no resistance : and the high commission pursevants entring in along with him , by warrant from the high commission under canterburies hand and others searched his study , and tooke away such bookes , and papers with them as they pleased , and master burton that night was lodged where the preachers at pauls-crosse were entertained , and there kept prisoner till the next day , when insteed of being brought before the lords as this warrant required , hee was by another warrant , without any cause expressed , committed close prisoner to the 〈◊〉 , the coppy whereof ( to which canterbury's 〈…〉 ) here followeth . these 〈…〉 will and require you to receive into you●●●●tody the person of henry burton clerke , sent herewith unto you , and to keepe him * close prisoner in the fleet , not suffering any one to speake with him untill further order , whereof you may not faile at your perils , and this shall be your warrant . dated at white-hall the second of february . 1636. w. cant. guil. london . arundell and surry . pemb●ooke and mountgomery . t. jermyn . io ●●oke fra ▪ windebanke ▪ to the warden of t●● fleet or his deputy . master burto●●ereupon was shut up sundry weekes close prisoner in the fleet , so as neither his wife nor friends could have free accesse unto him . in the interim , betweene his sermon preached and his imprisonment , two bookes , the one intituled , a divine tragedy , containing a catalogue of gods late iudgements upon sabbath-breakers , the other newes from ipswich , discovering some late innovations in religion brought in by the prelates , and some extravagancies of bishop wren in his late visitation , were published in print , without any authors name annexed to them , wherewith the prelates were much vexed and perplexed . and consulting with themselves which way to vent the extremity of their malice upon doctor bastwick , master burton , and master prynne , they at last resolved to exhibite an information against them into the star-chamber in sir iohn banks his majesties atturnies name , with these two last named bookes , doctor bastwicks apology and letany , and master burtons apology of his appeale , and two sermons , thereto annexed , which was done accordingly . this information was exhibited into that court the eleventh day of march 12. caroli , in the vacation time , against these three gentlemen , and others , who were ordered to appeare and put in their answers to it immediately . they , served with sub-poenas returnable immediatè , contrary to the usuall proceedings of the court , refused to appeare ( being all three prisoners , and two of them close prisoners , before , ) unlesse they might have liberty of accesse to counsell , to advise and assist them in their answers , it being the prelates ayme to deprive them of this liberty ; of which the lords being informed , made this ensuing order ; wherein , though they granted them accesse to councell , yet they denyed them the liberty of conferring together at counsell , though joynt defendants ( who might have joyntly answered ) contrary to the rules of law , and all former presidents . one coppy of which order ( sent indifferently to their three distinct prisons ) i shall here annex . at white-hall the 15. of march . 1636. present . lo. archbishop of cant. lo. keeper . lo treasur . lo. privy-seale . lo. high chamberlaine . ea. marshall . lo. chamberlaine . ea. of northumberland . ea. of dorset . ea. of salisbury . ea. of holland . lo. cottington . lo. nuburgh . mr. tresur . mr. comptroller . mr. v. chamberlaine . mr. sec. cooke . m. sec. windebanke . vvhereas information was this day given to the boord by master atturney generall , that he had prefe●red a bill of complaint in the star-chamber against henry burton clerke , and others , and that the sayd master burton doth refuse to make answer to the said complaint , unlesse he may have liberty to goe abroad to prepare and advise with his counsell , though his counsell had leave to have accesse and to confer with him in the prison : yet to take away all allegations or pretence for excuse herein , their lordships have thought fit , and ordered , that the said master burton shall have liberty to goe abroad with his keeper , to speake and confer with his councell when he desireth the same , and that his sayd keeper is to have speciall care that the sayd ( master burton doe not make use of the liberty to ) confer with other persons , and that he be permitted to goe to no other place , but to his sayd councell . and that the sayd master burton shall immediately appeare to the sayd bill , and make answer within ten dayes after . and thereupon the boord will give such further order as shall be fit . ex. will : becher . the prisoners upon this order having liberty to goe abroad with their keepers , first repaired to the lord keeper , and petitioned for counsell to be assigned them : which granted , they repaired to their counsell at lincolnes and grayes inne , where meeting together , and conferring a short speech ( in the presence of their keepers ) with their counsell , notice thereof was immediately given to the archbishop , whereupon their keepers were sharply checked , and charged not to permit them to meete or speake together any more , which was strictly observed . master prynne , fearing that they should not be permitted to make a full answer to the information , drawes up a crosse-bill against the archbishop and others ; wherein he charged them , with usurping upon his majesties prerogaetive royall , with innovations in religion , licensing of popish and arminian bookes , and other particulars : which bil being ingrossed and signed with all their three hands , master prynne tendred to the then lord keeper , with a petition , praying ; that it might be accepted under their owne hands , since it concerned his majesty and religion so much , and counsell durst not signe it for feare of the prelates ; alleadging , in the petition , that if the charges of the bill were true ( as they were ready to make good with their lives , ) then their lordships , as they hoped , would thinke meete they should be examined , and the prelates put to answer , and punished for them : if false ; that then the bishops to cleare their suspected innocency to the world , would be willing to answer it , since their declining its answer , would imply a guiltinesse in them . the lord keeper receiving this petition and crosse-bill , upon reading the contents thereof , refused to admit it , delivering it to the kings atturney , and ( as i am informed ) the archbishop demanded the opinion of the judges ; whether these three complainants might not be punished as * libellers for exhibiting this crosse-bill against him ▪ and other prelates : who all but one , resolved ; that they could not , because the bill was tendred in a legall way , and might not in point of law be refused ; the kings courts of iustice being open indifferently to all his subjects , to sue or be sued . however this bill was suppressed , by the prelates power , and master prynne within a weeke after his appearance to the information , by the archbishops procurement , had his chamber in the tower searched by master nicholas , one of the clerkes of the counsell , and a * pursevant of the bishops sent to over-looke him ; part of his instructions for his answer they s●ised , and carried them away to the archbishop his servant who should sollicite his businesse , was attached by a messenger and kept close prisoner in his house above ten weekes ( till after the hearing ) without baile or mainprise ; which was utterly refused ; the liberty of pen , inke and paper , to draw up his answer and instruct his counsell was then also inhibited ; himselfe shut up close prisoner , and all his friends debarred from him ; by a verball order only . by which strange proceedings he was utterly disabled to put in his answer , which hee earnestly desired , and was denied accesse to his councell contrary to the lords former order ; this done , on the 28 of april master pryn , and his co-defendants by an order of the court , were injoyned to put in their answers to the information by munday next came sennight , by the advice of their counsell , and under their hands , or else the matters of the information should be taken against them pro confesso . he ( having no liberty then to goe to his councell , and they for feare of the prelates being unwilling to repaire to him , or to medle in the cause ) thereupon petitioned the court , that ( having beene a barrester at law ) hee might have liberty to put in his answer to this information under his owne hand ; annexing sundry reasons to the petition , why his owne answer , in this case ought to be received without the hands of his counsell . this petition ( together with an affidavit of the particulars therein alleged ) was presented and read in open court the fifth of may 13. caroli . of which this is a true coppy . master prynnes first petition to the lords the 5. of may 13. caroli . to the right honorable the lords of his majesties high court of star-chamber . the humble petition of william pryn close prisoner in the tower of london . humbly sheweth , that whereas the petitioner , on munday last , received from master goad , an order of this honorable court , dated the 28. of april 1637. whereby he is enjoyned to put in his answer to the information against him , by munday next , under his councells hands , or else the matters therein contained shall be taken against him pro confesso , that the petitioner , in regard he hath beene debarred all accesse to his councell a weekes space and more , deprived of the use of his servant , who should sollicite his businesse for him , being detained close prisoner in a messengers hands ; debarred all acc●sse of friends , the use of pen , and inke , and disabled both in respect of the quality of his cause , the greatnesse of the persons whom it concernes ; the diversity of his councells opinions , and the difficulty of procuring his councell to repaire to him to the tower , during the terme , to advise him , he having no meanes to reward them according to their paines ; and for other reasons mentioned in his affidavit , is utterly disabled to performe the sayd order , to put in any answer without great prejudice both to himselfe and his cause , which much concernes both the king , his crowne and dignity , the religion established , and the liberties of the subject infringed by the prelates , and their confederates . he humbly therefore beseecheth your lordships , not to exact impossibilities at his hands ; but in this case of necessity ( according to many late presidents in this honorable court ) to grant him liberty to put in his answer by the sayd day under his owne hand , he having beene a barrester at law , and not under his councells , who refuse to doe it out of feare and cowardise ( being more fearfull of the prelates , then of god , the king , his crowne , and dignity ; ) and also for the causes hereunto annexed , which he in all humility submits to your lordships wisdomes and iustice . and the petitioner for the concession hereof shall ever pray for your lordships , &c. the reasons why the petitioner ( master prynne ) humbly conceiveth , that this honorable court ought in point of law and justice , to admit his answer under his own hand , without his councells , which he cannot procure . first , because there are many late presidents in this court , wherein divers defendants answers have been admitted without the hands of councell , in cases where no councell would set their hands to them , as close , and doctor laytons cases , with many others , and but one president only against it : which being ancient , singular , upon a speciall reason , in case of a woman , not of a man , much lesse of a lawyer , and in a farre different case from this defendants , ought not , as he humbly conceaveth , to overballance the presidents for him . secondly , because upon an ore-tenus and interrogatories in this court , in many cases before his majesty and the lords at the councell-table , in parliament , and in the kings-bench upon indictments , and informations [ especially for felony or treason ] the defendants are allowed freely to make their owne answers and defence without counsell , if they please , and in some cases are denied counsell . thirdly , because counsell [ who were not ab initio , but came in long after causes , ] both in this honorable court , and elsewhere , are allowed and assigned , not out of necessity , but favour onely , for the helpe and benefit of defendants , not to be so strictly tied unto them , but that they may have liberty to make answer without them in case where they and their councell differ in the substance of their answers , or where councell advise them to their prejudice , either out of feare , ignorance , or otherwise , else it would lie in councells power both to prejudice ▪ and betray their causes , and make them lyable to censure though innocent . fourthly , because every answer in the eye of the law is the defendants only , though signed by his councell for formes sake : he onely is summoned to make answer , he onely is to sweare it , and he , not his councell , is to undergoe the hazard of it : therefore he alone in point of law and justice is onely bound of necessity to signe it , not his councell . fiftly , because else there would be a fayler of justice in many cases , through the want , feare , neglect , ignorance , diversity of opinion , or treacher of councell : for if one be peremptorily enjoyned to put in an answer by a day , as this defendant now is , and counsell neglect , refuse , delay or feare to doe it upon any occasion by the time , ( which is this defendants case ) he must ( without any default , contempt , or neglect in him ) suffer thereby as a delinquent , though innocent , without any legall conviction ; which were injury and injustice in the highest degree . sixtly , because the very law of nature teacheth every creature , but man especially , to defend , preserve and make answer for himselfe , either when the party accused cannot procure others to doe it , or can doe it better then others will , can , or dare doe , himselfe : but in the present case , this defendant cannot procure his councell to make such an answer as his cause requireth , which resting upon bookes , matters of divinity , and on other points , wherein his counsell have but little skill , all which he must justify in his answer , he is better able to make his answer and defence thereto , then his counsell can , will , or dare to doe , in case they were willing to undertake it ▪ ( which now they utterly deny and refuse onely out of feare and cowardize , ) as aforesaid , and therefore ought , as he humbly conceiveth , to be permitted to doe it , both in point of law and justice . seventhly , because god and christ , the supream judges of the world , and patternes of all justice both here on earth , have , and at the generall day of judgement , when all men shall appeare before their dreadfull tribunalls , wil allow every man to make his owne personall answer , and defence , without counsel or proxie , much more then should every inferiour judge , and terrene court of justice doe it , if the party desire it , and others will not , dare not doe it . eightly , because by the judiciall law among the iewes , every man was to make his owne defence , neither did their law judge any man , before it heard him and knew what hee did . iohn 7. 51. and by the civill law , even among the pagan romans , it was not the manner to condemne any man , before that hee who was accused had the accusers face to face , and had licence to answer for himselfe concerning the crime layd against him , acts 25. 16. if then the lawes amongst iewes , and pagans , gave every defendant leave , thus to make answer for himselfe , and never condemned any as guilty for not answering by counsell ( as appeares by the cases of naboth , susanna , christ and others , though unjustly condemned , yet not without a full hearing , and witnesses first produced , though false , ) this defendant humbly conceiveth , that by the lawes and justice of this christian common-wealth , and this honorable court , hee ought to have like liberty in this cause of so great consequence , and that the information against him ought not to be taken , pro confesso , without hearing witnesses , or defence , in case he tender an answer under his owne hand , onely without his counsells who refuse to advise or direct him , else our christian lawes , and courts of justice , might seeme to be more unreasonable then the iewes , or pagan roman lawes and tribunalls , which god forbid any man should imagine . ninthly , because s. paul when he was slandered & accused by ananias the iewes high-priest , with the elders , and tertullus their orator , to be a pestilent fellow , a mover of sedition among the iewes , throughout the world , and a ring-leader amongst the sect of the nazarens , and that severall times , both before felix , festus and king agrippa , ( three heathen governors and magistrates , ) had still free liberty granted him by them all both to answer and speake for himselfe to the full , to justifie and cleare his innocency , without any counsell assigned . act. 24 , & 25 , 26. neither did nor could the iewish , high-priest except against it . this defendant therefore being now accused in this honorable court of the like crimes , by some english prelates and high-priests instigation , hopes to enjoy the selfe same priviledge and freedome before so many honorable lords , and christian judges , which paul did before these pagans . and hee supposeth his said adversaries will not be against it , unlesse they will be thought to feare , and decline the defendants answer , as guilty persons , who dare not admit their actions to be scanned in so honorable a court ; or men unwilling to have this defendant cleare his owne innocency ; or else be deemed more unreasonable then ananias himselfe , especially in this defendants particular case ; who having beene a barrester , and counseller at the law formerly admitted , even in this honorable court , to put in answers under his owne hand in other mens cases , cannot but hope and presume to obtaine the like justice , and favour from it now , in his owne cause , ( being thereto necessitated through his counsels feare and deserting of him ) for the premised reasons , which he in all humility submits to this honorable court . upon the reading hereof in open court , and of a like petition from doctor bastwick , to put in his answer under his owne hand , since his counsell refused to signe it ; the court ordered the same day , that they should put in their answers by munday next under counsels hand , or else be then taken pro confesso ; denying them liberty to answer under their owne hands . hereupon doctor bastwick , when no counsell would signe his answer , tendered it at the star-chamber office , under his owne hand , and there left it : and master burton having his answer drawne , engrossed and signed by his assigned counsell , master holt , who afterwards withdrew his hand , because his other counsell would not subscribe it , out of feare to displease the prelates , tendered it to the court , desiring it might be accepted , or master holt , ordered to new signe it ; upon this the court , the 10th of may ( being the next sitting ) made this order . in camera stellata coram concilio ibidem , decimo die maii , an. decimo tertio car. reg. vvhereas by severall orders of this court , iohn bastwick doctor in physick , and henry burton clerke defendants , at the suite of his majesties attorney generall plaintife , were ordered to put in their answers under counsells hand by munday last , or in default the matters of the information , to be taken against him pro confesso : forasmuch as the court was now informed that the said doctor bastwick , hath not yet answered , nor will bee drawne to put in any answer under the hand of his counsell , but hath throwne into master goads chamber , the deputie clarke of this court , five skins and a halfe of parchment close written , with his owne hand subscribed therunto , wherein , as is alledged , is contained much scandalous & defamatory matter : it is therefore ordered , that all the matters of the said information wherewith the said doctor bastwick is charged , in the same shal be taken against him pro confesso and that his majesties attorney generall doe take into his custody , and consideration the said severall skins of parchment , subsigned as aforesaid , for such farther order to be therein had and taken , as to iustice shall appertaine . and for as much as the court was now informed , that the defendant burton hath caused his answer to be drawne by counsell , and ingrossed , and would have put it in , if his counsell who drew the same , or any other of his counsell , would have set their hands thereunto : the court therefore did forbeare to take him pro confesso , and hath ordered , that his answer be received under the hand of master holt alone , and that after his answer put in , and interrogatories exhibited , the examiner shall repaire unto him in person , where he is to take his examination upon the said interrogatories . jo. arthur . dep. doctor bastwick upon this order , the next court-day petitions the court , that his answer left in the court might be accepted under his owne hand , in default of councell ; and mister prynne , ( much grieved that he could neither gaine liberty nor possibility to answer the information , for his just defence , formerly ordered to be taken pro confesso against him , ) the same day petitioned the court in this manner . to the right honorable the temporall lords of his majesties high court of star-chamber the humble petition of william prynne , prisoner in the tower . in all humblenesse sheweth , that the petitioner ever since his appearance to the information exhibited against him , hath beene denyed the liberty of pen , jnke or paper at his chamber ▪ to draw up his answer , or instructions for his counsell : that his servant who should solicit his businesse , coppy and engrosse his answer , hath for a moneths space beene kept close prisoner from him in a messengers hands , by his chiefe adversaries practise and power , contrary to law and justice , of purpose to retard his answer , and disable him in the prosecution of his cause : that his friends have beene restrayned from him , and himselfe ever since the day before the terme , prohibited all accesse to his counsell ( granted to his codefendants ) who without any neglect or default in the petitioner , for reasons best knowne to themselves , refuse to repaire to him , or to undertake any thing in his cause , which they have all quite deserted . by meanes whereof the petitioner ( though ever desirous to answer , and submit to the orders of this honorable court ) neither hath nor possibly could put in his answer under his counsells hands according to the last orders : which disabling him to draw up his owne answer , and requiring meere impossibilities of him beyond his power to effect ( his counsells hands and wills being not at his command , much lesse their consciences and judgements , ) hee hopeth neither shall nor ought in point of law or equity , to be so farre obligatory and penall to him , as to make him culpable of all the charges in the information , without any proofe on his prosecutors part , or default and contempt on his owne . since by such away of proceeding ( of very dangerous consequence and example scarce parallell'd in any age , ) the most innocent person may be betrayed , and condemned as nocent of any crimes whatsoever falsly charged against him , without any neglect or guilt in him , through the unfaythfullnesse , wilfullnesse , feare , corruption or default of counsell , and especially in the case of powerfull and malicious opposites . he therefore in the midst of these his exigents , and desertions of his counsell , most humbly beseecheth your lordships , not to require impossibilities at his hands ( thus bound ) beyond his power to effect , but so to deale with him in this case of extremity , and necessity , as your lordships would be dealt with your selves , were you ( which god forbid ) in his present condition , and as you would have christ himselfe to proceede with you at the great day of judgement , when you shall all appeare before his tribunall to give accoumpt of all your proceedings in this and all other causes : or if this be overmuch , then onely to grant him such common favor , and justice in this honorable christian court , as christ himselfe found before pilate , and paul before faelix , festus , and agrippa , meere heathen iudges ; or as every traitor or felon ( though never so vile or guilty ) usually claimes , and enjoyes of common right in other his majesties courts of justice , to wit , free liberty to answer for himselfe , when his counsell either will not , cannot , or at least wise dare not doe it ; with the use of pen , inke and paper , untill friday next , to draw up an answer under his own hand , according to the truth and weightinesse of his cause , since he cannot procure his counsells ; and not to prejudge him as guilty , before his answer or defence first heard ▪ or witnesses produced . a request so just and reasonable ( as he humbly conceiveth ) that his adversaries themselves whether innocent or guilty , cannot in point of honour , justice and conscience , in regard of their places and professions ) but willingly ( condescend unto , much more then this honorable court , especially in this waighty cause ( not to be precipitated ) which highly concernes his majesties royall prerogative , the state and safety of religion , and the weale of the whole realme , as he hopeth to make good in his answer , and by his crosse bill exhibited to this honorable court against some great prelates , and their confederates , under his owne and codefendants bastwicks , and burtons hands for want of counsell ( who refuse to appeare in this case of god and the king , against the prelates , dreaded much more then both ) which bill being for the petitioners , and his said codefendants necessary defence , and justification , ( who are ready to make it good at their uttermost perill ) and tending onely to the maintenance of his majesties crowne and dignity , our established religion , and the subjects liberties , against the said prelates late dangerous encrochments , innovations , practises and oppressions , he now humbly prayeth may be admitted , it being ( as he humbly apprehendeth ) a cause of infinite consequence , and a thing of common right , which ought not to bee denyed to , or against any subject in an ordinary way of justice . and your petitioner ( upon the concession of his petition ) shall ever pray for your lordships . &c. this petition being reade in open court the 12. of may ; the court commanded master holt , one of master prynnes counsel forth with to repaire to him to the tower to take instructions for his answer ; and in the afternoone the lieutenant of the tower , was sent for by the prelates instigation , and checked by the lords for suffering master prynne to dictate such a petition , and one gardiner , ( a clerke belonging to the tower , who writ it from his mouth by the lieutenants license ) was for this capitall offence by a warrant from the arch-bishop , and others , the same evening apprehended by a pursevant , and kept prisoner by him some 14 dayes , and not released , till he had put in bond to appeare before the lords when ever he should be called ; after which he was hunted after by the archbishops pursevants out of the high commission : who upon the reading of this petition , and doctor bastwicks , made a motion in court of purpose to prejudge the cause before it came to hearing , tending highly to affront his majesties prerogative , and thereupon procured this forejudging order , wherein his insolent motion is recited . in camera stellata coram concilio ibidem , duodecimo die maii , anno decimo tertio caroli regis . this day severall petitions being read in open court , presented on the behalfe of iohn bastwicke doctor in physicke , and william prynne gent. defendants at the suite of his majesties attorney generall ; the most reverend father in god the lord archbishop of canterbury his * grace informed the court that in some of the libellous books , and pamphlets lately published his grace and others the reverend bishops of the realme are said to have * usurped upon his majesties prerogative royall , and to have proceeded in the high commission , and other ecclesiasticall courts contrary to the lawes , and statutes of the realme ; about which he prayed the iudges might be attended , and they prayed and required by this court to certifie their opinions therein upon consideration whereof , the court hath ordered , that the two lords cheife iustices now present in court , the lord cheife baron , and the rest of the iudges , and barons shall be attended by his majesties learned * councell , touching the particulars hereafter ensuing , viz. whether proces may not issue out of the ecclesiasticall court in the names of the bishops ? whether a patent under the great seale be necessary for the keeping of ecclesiasticall courts , and inabling of citations , suspensions , and excommunications , and other censures of the church ? and whether the citations , ought to be in the kings name , and under his seale of armes , and the like , for institutions , and inductions to benefices , and corrections of ecclesiasticall offences ? whether bishops , arch-deacons , and other ecclesiasticall persons may or ought to keepe any visitation at any time , unlesse they have expresse commission , or patent under the great seale of england to doe it , and that as his majesties visitors onely , and in his name and right alone ? jo. arthur , dep. these three questions highly concerning his majesties prerogative , debated , and determined by the defendants against the prelates for the king , were the maine scandals and libels complained of in this new information , and the bookes thereto annexed ; to prejudge which before the hearing , without the defendants privity ( never summoned to be heard what they could say in these particulars , agaīnst the prelates encrochments , in defence of the kings right and of themselves ) was nothing else but the extremity of injustice , and a forestalling of the cause by a previous judgement of the judges ( then at canterburies becke ) before it was heard . upon this order , all the judges before the hearing returned this certificate for the prelates , whom then to disobay or contradict in any thing had beene fatall , if not capitall ; whereupon this following order was made , which will abundantly evidence the archbishops insolency , treachery and injustice in the carriage of this cause , and the unpatternd compliency both of the judges , and court of star-chamber to his ambitious , unreasonable , and unjust desires . in camera stellata coram concilio ibidem quarto die junii , anno decimo tertio caroli regis . this day was read in court , the certificate of the two lord chiefe justices , the lord chiefe baron , and other the iustices of the court of kings bench , and common pleas , and barons of the exchequer , made according to an order of reference to them granted the 12 of may , last past , upon a motion made in the court , wherein his majesties attorney generall , is plaintife against john bastwick , doctor in physick , and others defendants ; in which respect the said iudges have decla●ed their opinions in point of law , touching the severall matters to them referred by the aforesaid order , and the same being so read in court , his * majesties attorney generall humbly prayed that the said certificate may be * recorded in this court , and in all other the courts at westminster , and in the high commission , and other ecclesiasticall courts for the satisfaction of all men , that the proceeding in the high commission , and other ecclesiasticall courts are agreea●le to the law and statutes of the realme ; which the court held reasonable , and hath ordered it shall so be ; and that after the same is enrolled in this court , and other the courts aforesaid , the originall certificate of the said iudges shall be delivered to the most reverend father in god * the lord archbishop of canterbury his grace to be kept , and preserved amongst the records of his court , which certificate followeth in these words . may it please your lordships , according to your lordships order , made in his majesties court of star-chamber the twelfth of may last , we have taken consideration of the particulars wherein our opinions are required by the said order , and we have all agreed : that proces may issue out of the ecclesiasticall court in the name of the bishops , and that a patent under the great seale , is not necessary for the keeping of the said ecclesiasticall court , or the inabling of citations , suspensions , excommunications or other censures of the church . and that it is not necessary , that summons , citations , or other processes ecclesiasticall in the said court , or institutions or inductions to benefices , or corrections of ecclesiasticall offences in those courts , be in the * kings name , or with the stile of the king , or under the kings seale , or that their seales of office , have in them the kings armes , and that the statute of primo edwardi sexti . ch. 2. which enacted contrary , is not now in force . wee are also of opinion that the bishops , arch-deacons , and other ecclesiasticall persons may keepe their visitations , as usually they have done , without commission under the great seale of england so to doe . primo die julii 1637. jo. bramston , jo finch , hum. davenport , wm. jones , jo. denham , richard hutton , george crooke , thomas trever , george vernon , robert barkley , richard weston . jo. arthur dep. doctor heylin in his briefe and moderat● aswer t● master burton ( the matter whereof contradicts the title ) written by the archbishop of canterburies speciall command p. 102. avers , that it was positively delivered by my lords the judges , with an unanimous consent , and so declared by my lords chiefe justices in 〈…〉 last past ( before this certificate ) that the act of repeal the first of queene mary , doth still stand in force , as unto the statute of first edward 6 ● . 2. by you so much pressed , and that the bishops might lawfully issue out proces in their names , and under their owne seales . which if true , it is apparant that the archbishop ( from whom the doctor had his information ) had received all the judges resolutions in this point , not onely before the hearing of the cause , but even before his motion in court , that the judges might be attended to know their resolution in these points . is not this prety under-hand juggling , and square prelaticall proceeding , deserving extraordinary laud ? but to returne to the defendants , where i last left them . master prynne , upon master holts resort to him by the lords command , upon his last petition , to his chamber at the tower where he was shut up close prisoner , gave him both a fee and instructions to draw up his answer by , with all possible speed : hereupon master helt drawes an answer according to his owne minde different from his instructions which he sent to master prynne to peruse ; who disl●king the generality of it , desired him to conferre with his other counsell , and to amend it in some particulars ; whereupon master tomlins another of his counsell , and master holt after two meetings agreeing upon his answer , master holt gave order to his clerks to ingrosse it , and promised to signe it the next morning , that it might be put into the court . master prynne informed hereof payed master holts clerks for ingrossing it , and the next morning by his keeper sent another fee to mr. holt to signe it according to promise ; who then refusing both the fee and the signing of the answer , and being taxed for it by master tomlins ( who had signed the paper coppy ) and demanded the reason by master prynnes keeper , why hee refused to signe it contrary to promise ; answered , that he had received expresse order not to signe it , and afterwards being taxed for it by master prynne himselfe , who demanded the reason of this deniall ; he told him , that hee durst not subscribe it for an 100 pounds though he had drawne it , for feare of being put from the barre , he having received a command to the contrary . in the meane time master tomlins who was willing to signe it , departed into the countrey upon his necessary occasions , so that his hand could not be gotten ; master prynne thus deluded , acquaints the lieutenant of the tower with this false dealing , requesting him to informe the lord keeper of it ; and to desire his lordship in his behalfe , either to enjoyne master holt to signe his answer according to promise as hee had done in master burtons case ; or to accept of it without an hand ; or of it , or another answer signed with his owne hand , since he had done his utmost , and had no meanes to compell his counsell to subscribe his answer against their wills ; the lord keeper upon this information , answered , that hee had no power to force counsell to signe an answer , and that it was not his use to doe it , or to receive any answer without counsells hands . upon the returne of which answer , master prynne replied ; that if the lord keeper being cheife iudge of the court , the greatest officer in the realme under the king , and a freeman , had no power to enforce his counsell to signe his answer according to duty , equity and promise ; then certainly he , being a poore close prisoner had farre lesse power to doe it ; and ought not to suffer for his default , which he could not remedy . hereupon insteed of accepting his answer , this order was made against him , and doctor bastwick to take them both pro confesso for their contempt in not answering , and to appoint a day for hearing the cause . in camera stellata coram concilio ibidem , 19o . die maii , an. decimo tertio car. reg. vpon information this day to this honorable court , by sir iohn bankes knight , his majesties attorney generall , that he hath exhibited an information into this court against iohn bastwick doctor of physicke , william prynne gentleman , and others defendants , for framing , printing and publishing severall libellous and seditious books ; and that upon the said defendants bastwick and prynnes * contemptuous refusall to answer the said information , severall orders have beene made to take them pro confesso : it was humbly prayd , and accordingly thought fit and ordered by this court , that the said cause as against them shall be heard , the first cause the first sitting of the next terme , when the information shall be read , and the matters thereof be taken against them , pro confesso . vvhere you see , that the sole charge against them , and the ground of their censures was a supposed contemptuous refusall to answer , when as the offence , and contempt was on the contrary side , in refusing to accept of their answers tendred , and ordering counsell not to signe their answers . in the meane time , master burtons answer signed by master holt , after it had laine in court neere three weeks , upon master atturnies suggestion to the court , the 19 of may , that it was scandalous , was * referred to the consideration of the two chiefe justices , bramston and finch : who calling master holt privately unto a chamber , before them , judge finch ratled and reviled him exceedingly for putting in such an answer , which he said , was the most pernicious that ever came into the court ; telling him , that hee deserved to have his gowne pull'd over his eares for drawing it . to whom he replied , that he had beene an ancient practiser in the star-chamber , and had drawne it according to his best understanding and wit ; that all of it was onely a confession , or explanation of the charge in the bill , and a recitall of acts of parliament ; and how this could be scandalous or impertinent , it went beyond his capacity to conceive . and so without more words , these judges resolved the answer scandalous , and ordered all the substance of it tending to master burtons justification and defence , to be expounded ; as will appeare by this their certificate . the certificate of sr. iohn bramston knight , chiefe justice of his majesties court of kings bench ; and sir iohn finch lord chiefe justice of his majestes court of common-plees , in the cause wherein his majesties attorney generall is plaintiffe , and henry burton clerke , and others , defendants . according to the direction of an order of this honorable court , dated the ninteenth day of this instant may , we have considered of the impertinent , and scandalous matter in the said defendants , henry burtons answer , and are of opinion , that * all the said answer is scandalous or impertinent , and fit to be expounded , except these words in the beginning thereof , viz. the said defendant by protestation , not confessing , or acknowledging , any matter or thing alleaged against him , in , or by the said information to be true , and saving ever to himselfe all advantage of exception to all , & every the uncertainties and imperfections therof : and these words in the end of the said answer , viz. this defendant to all and every such supposed unlawfull combination , confederacies disloyalties , seditious , scandalous and factious libells , or other unlawfull offences examinable , or censurable in this honorable court , wherewith he is charged in , or by the said information , answereth and sayth , that he is not guilty thereof , or of any part thereof in any such manner and forme as is supposed thereby ; all and every which matters of answer this defendant doth averre , and is ready to prove , as this honorable court shall award . and humbly prayeth , that all and every such errors as shall be adjudged by this honorable court , to have beene by any ignorance of his in the common-lawes , or statutes of this realme , or by any frailty , or infirmity of his , contrary to the loyalty of his heart , and integrity and sincerity of his intention , and profession , may by his majesties gracious interpretation thereof , and by this honorable courts favorable advice , or mediation to his majestie therein be remitted , and pardoned , and himselfe dismissed by the same court . all which neverthelesse we humbly submit to the grave judgement of this honorable court . 22 may 13. car. regis . jo. arthur dep. vpon this strange certificate of the judges master burtons answer was miserably mangled , the whole body and substance of it being quite rased , and nought but the head and feet left upon record ; whereby he was made to deny that to be done by him , which he confessed and justified upon oath in his answer , as it stood before this rasure of it . vvhereupon the examiner comming to master burton to the fleet , where he was close prisoner , to examine him upon interrogatories grounded on his answer , he hearing of this expungement , refused to be examined , unlesse his answer might be admitted as it was put in ; or he permitted to put in a new answer ; he disclaiming this answer to be his , since altered in all the materiall points tending to his justification and defence , and turned from a speciall , to a generall not-guilty , necessarily involving him in the danger of periury : of which the court being informed by mr. attorney , made this ensuing order , to take the bill pro confesso against him , only for not answering interrogatories ; a thing never heard of before in that court , when there was an answer admitted . in camera stellata coram concilio ibidem , secundo die iulii . anno decimo tertio caroli regis . upon information this day , to this honorable court , by his majesties attorney generall , that henry burton clarke defendant at his suite , being served with proces , stood forth proces of contempt , and would not be drawne to answer , untill severall orders were made , that the matters of the information should be taken against them as pro confesso , unlesse hee did answer the said information by the times limitted by the said order , and at length he did put in an answer stuffed with impertinent , scandalous matters , which upon a reference to the two lords chiefe justices is since expunged , and interrogatories are exhibited into court for examination of the said defendant , and the examiner , as appeares by his certificate now read , hath beene with him to take his examination , but he refused to be examined , so that an attachment is awarded against him , and delivered to the warden of the fleete , in whose custody he remaines , a close pris●er ; it was humbly prayed that the matter of the said information , & interrogatories may be taken against him pro confesso . upon consideration whereof the court hath ordered , that the examiner doe goe againe unto him , and if hee shall not thereupon by this day senight answer the said interrogatories , they shall be taken against him , pro confesso , as is desired . jo. arthur . dep. after this order , the examiner repaired againe to master burton , who upon his former grounds , ( because hee had no answer in court of his owne or his counsels , but onely of the judges making , which he disclaimed for his , and because his answer to the interrogatories would contradict the generall answer of not-guilty , which the judges had now made out of his speciall not-guilty ; ) refused to be examined ; and so though his answer were in court as the judges altered it , yet for not answering to interrogatories framed on it as it stood before its expungement , the information was taken against him pro confesso , and this order made at a prirate seale out of terme , to bring the cause to hearing upon one dayes warning onely given to the defendants , when as by the course of the court , a subpaena ad audiendum judicium should have beene served on them , and 15 dayes warning at least given them before the day of hearing . apud aedes domini custodis magni sigilli angliae , de cimo tertio die junii , anno decimo tertio caroli regis . it is this day ordered by the right honorable the lord keeper , that john bastwick . doctor in physick , henry burton , &c. william prynne gentlemen defendants at the suite of his majesties atturney generall , shall have liberty with their keepers to attend their councell , and to appeare at the barre of this court on wednesday the 14. of this instant moneth , when the cause is appointed to be heard . jo. arthur dep. these prisoners having this liberty granted them just the day before the hearing , master prynne thereupon repaired with his answer ( formerly drawne up and engrossed by master holt ) to master tomlins another of his counsell , newly returned out of the country the evening before ; and having got him to signe this engrossed answer , he goeth therewith to master holt , desiring him likewise to subscribe it according to promise ; who refused to doe it now as hee had done before , protesting , that he durst not for an 100 peeces signe it , because he had received an expresse command to the contrary . whereupon master prynne caries it signed with master tomlins hand to the star-chamber office , where hee tendred it to master goad , together with another longer answer signed with his owne hand , and an affidavit , that hee could not possibly procure his counsells hand to his answer before that time ; but master goad advising with his deputy ▪ refused to receave either the answers or affidavit , though earnestly pressed to it by master prynne : who thereupon returned with his answers to the tower ; and prepared himselfe for the hearing the next morning , resolving , that since he was thus fore judged , and taken pro confesso , upon a meere false pretence of a contempt in refusing to answer , to speake nothing , but what the court should give him occasion when he appeared at the barre ; doctor bastwick , and master burton taking up the like resolution ; because they were certainly informed , that whatever they spake , their sentence was already determined , and set downe in writing before the hearing came , all being thus taken pro confesso as you have heard and seene by the former orders . thus i have given you a faithfull relation of the proceedings in this cause before the hearing , out of the orders and records of the star-chamber , the legality whereof you shall finde discussed in the close of this treatise ; now before i come to the day of hearing , give me leave to acquaint you onely with one particular touching master holt , hee being sharply checked and terrified for drawing and signing master burtons answer , and charged not to signe master prinnes answer when hee had drawne it , as you have heard before , was much troubled at it ; and being in court at the hearing the next day , he offered two or three times to speake something in defence of master burtons cause ; which the then lord keeper perceiving , beckoned and held up his finger to him to hold his peace , whereupon hee kept silence . and comming home to his house , as soone as the sentence was passed , his wife inquiring of him how the cause went ; he broke out into these speeches . o wife , i never saw a just cause , so unjustly caried , which i could have defended by scripture against all the world . i had a great desire to speake in the cause for my client , but my lord keeper beckened and held up his finger to me ▪ to hold my peace : and the poore gentlemen have received the most unjust , and hardest censure , that ever i heard in that court . for my owne part , i gave over my practise in other courts , and be tooke my selfe wholy to this court to enjoy the liberty of my conscience , thinking to finde nothing but iustice , and just proceedings there : but now alas j finde things so carried there , that for this dayes worke sake , i desire never to come more to that barre , j desire of god , that this may be the last cause that ever i may plead in that court , which hath partly miscarried through my default ( as i am affraid most will judge ) though i durst not doe otherwise , beeing so checked and threatned . this sayd , he continued sad , and soone after falling sicke for conceit only of the miscarriage of this cause ( as his wife & friends beleeved ) hee died ; never going to the star-chamber after this sentence : the proceedings and passages whereof , i shall next relate . notes, typically marginal, from the original text notes for div a70870e-600 * qui malè facit malè audit . * acts 20. 28. 29. matth 7. 15. * see fox act●● monuments v●l . 1. p. ●26 . ed●t . ult. * prov. 26 , 27. c. 28. 10. psal. 7. 15 , 16. psal. 9. 15 , 16. psal. 124. 7. psal. 140. 9. 10 , 11. * psal. 20. 8. * iudges 1. 7. * pro. 1. 16. 18. * prov. 28. 17 * psal. 3. 7 , 5 , 6. * exodus 15. 11. * psal. 126 2 , 3 , notes for div a70870e-1340 * this archb. at the delivery of the rule for master prynnes prohibitiō was so extreamly enraged , that he and some 3. or 4. bishops more rose and went out of their court ( then kept in the consistory at pauls ) in a fury , saying they would immediatly repaire to the king , & make a bolt , or a shaft of it ; using many angry words ; and threatning to lay m. prynne by the heels for delivering the rule . * mr. h. i. that first presented , & shewed the booke to the king , was a few moneths after committed prisoner to the tower for begetting one of the actors of this pastorall with child soone after it was acted , and making a reall commentary on m. prynnes misapplyed text , both the actresse , and he for this cause be ▪ comming m. prynnes fellow prisoners in the tower , a strange providence ▪ and worthy observation * pag. 671 to ●78 . * what law is there for you to false , and dispose of the books of mens studies , against whom nosuites are péding before you ? or with what face can you pretend law , when you doe directly against law ? * the 〈◊〉 and first 〈◊〉 in all the warrants . * which act the parliament hath resolved to bee against law , and that serjeants at armes 〈◊〉 breake open mens hous●● . * canterbury himselfe and str●fford , though accused and committed by the parliament for high treason , had far more liberty , and were not close imprisoned , as they committed others . * god forbid he should have so much favour , being in disfavour with the prelates . * yea , and have their lives taken away . * this pursevant was , so officious that hee searched mr. prynnes foule close-stoole , though master nicholas wished him to forbeare , where he found nothing but a fitting nosegay to recompence his industry . 1. 2. 3. 4. 5. 6. 7. 8. 9. master prynnes second petition to the lords . * it should here be his injustice rather . * the parliament hath now resolved this for a truth , however , the court of star-ch●mber or judges determined contrary in favour of the prelate● . * why not by the defendants too , to heare what they could say . 1. 2. 3. * it is a strange age when his majesties own sworne counsell , must thus be of counsell with the prelates against the king contrary t● their o●●h , ●nd promote their ●ncroachments upon his prer●g●tive roy ●ll . * a strange president and motion , i think no age can sh●w the like . * it is fit it should end as well as begin with him . * it seemes then they are no one of the kings courts , because they have neither his name nor image . * note . * master holt the ancientest practisar in the court then living , master bartons assigned counsell was very much over-seene , if all his answer but this ( consisting of 40. sheets of paper at least ) was scandalous and impertinent . the popish royall favourite: or, a full discovery of his majesties extraordinary favours to, and protections of notorious papists, priestes, jesuites, against all prosecutions and penalties of the laws enacted against them notwithstanding his many royall proclamations, declarations, and protestations to the contrary: as likewise of a most desperate long prosecuted designe to set up popery, and extirpate the protestant religion by degrees, in this our kealme [sic] of england, and all his majesties dominions. manifested by sundry letters of grace, warrants, writings under the kings own signe-manuall, privy-signet, his privy-councels, and secretary windebanks hands and seals, by divers orders and proceedings in open sessions at newgate, in the kings bench, and elsewhere ... collected and published by authority of parliament: by william prynne, of lincolns inne, esquire. prynne, william, 1600-1669. 1643 approx. 313 kb of xml-encoded text transcribed from 43 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a56192 wing p4039a estc r220569 99831965 99831965 36432 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56192) transcribed from: (early english books online ; image set 36432) images scanned from microfilm: (early english books, 1641-1700 ; 2054:24) the popish royall favourite: or, a full discovery of his majesties extraordinary favours to, and protections of notorious papists, priestes, jesuites, against all prosecutions and penalties of the laws enacted against them notwithstanding his many royall proclamations, declarations, and protestations to the contrary: as likewise of a most desperate long prosecuted designe to set up popery, and extirpate the protestant religion by degrees, in this our kealme [sic] of england, and all his majesties dominions. manifested by sundry letters of grace, warrants, writings under the kings own signe-manuall, privy-signet, his privy-councels, and secretary windebanks hands and seals, by divers orders and proceedings in open sessions at newgate, in the kings bench, and elsewhere ... collected and published by authority of parliament: by william prynne, of lincolns inne, esquire. prynne, william, 1600-1669. [8], 72, [4] p. for michael spark senior, and are to be sold at the blue-bible in green-arbour, imprinted at london : 1643. in this edition prynne's name in title is printed in capitals. imperfect; pages stained and torn affecting numbering. the final [3] pages have no printed numbers. reproduction of the original in the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -i, -king of england, 1600-1649 -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. great britain -church history -17th century. 2002-03 tcp assigned for keying and markup 2002-05 aptara keyed and coded from proquest page images 2002-06 judith siefring sampled and proofread 2002-06 judith siefring text and markup reviewed and edited 2002-07 pfs batch review (qc) and xml conversion the popish royall favovrite : or , a full discovery of his majesties extraordinary favours to , and protections of notorious papists , priests , jesuits , against all prosecutions and penalties of the laws enacted against them ; notwithstanding his many royall proclamations , declarations , and protestations to the contrary : as likewise of a most desperate long prosecuted designe to set up popery , and extirpate the protestant religion by degrees , in this our ●ealm of england , and all his majesties dominions . manifested by sundry letters of grace , warrants , writings under the kings own signe-manuall , privy-signet , his privy-councels , and secretary windebanks hands and seals , by divers orders and proceedings in open sessions at newgate , in the kings bench , and elsewhere ( all extant on record in the sessions-books , goal-books , crown-office , where all who scruple their indubitable verity or reality , may peruse them for their better satisfaction ; ) as likewise by the kings letter to the pope , his marriage articles , oaths , and other pregnant testimonies , worthy publike knowledge and consideration . collected and published by authority of parliament : by william prynne , of lincolns inne , esquire . 2 chron. 19. 2. an● ioh● the son of hanani the seer went out to meet him , and said to king 〈◊〉 , shouldest thou help the ungodly , and love them that hate the lord ? therefore is wrath upon thee from the lord. esay 29. 15. to 20. wo unto them , that seek deep to hide their counsell from the lord and their works are in the dark , and they say , who seeth us ? and who knoweth us ? surely your turning of things upside down shall be esteemed as the potters clay . and in that day shall the deaf hear the words of the book , and the eyes of the blind shall see out of obscurity and out of darknesse , the meek also shall increase their joy in the lord ; and the poor among men shall rejoyce in the holy one of israel . for the terrible one shall be brought to nought , and the scorne● shall be consumed , and all that watch for iniquity shall be cut off . imprinted at london for michael spark senior , and are to be sold at the blue-bible in green arbour . 1643. it is this seventeenth day of novemb. 1643. ordered by the committee of the house of commons concerning printing , that this book intituled , the popish royall favourite , &c. be printed by michael spark senior . john white . a matetiall observation . the * rebels in ireland , declared the parliaments proceedings and intendments against papists , the only ground of their rebellion . the queen soon after , for to ayde them and the english romanists , departs the realm with the kings jewels , to raise monies , men , provide armes , ammunition , the which she strenuously performed . the king immediatly upon her departure deserts the parliament altogether , notwithstanding all petitions , messages to reduce him : raiseth an army first of english malignants , then of papists , to divert all supplies from hence against the popish rebels in ireland , and secure the catholike party in england and scotland . upon the queens return , the irish rebels are first supplyed with armes and ammunition from the queen , then after some negotiation , received into the kings royall favour as his good catholike subjects , by articles of pacification , under the great seal , contrary to two expresse acts passed by him this parliament , to the undoing of the english adventurers and protestant party there : and finally , they are sent for hither to aide the king and english catholiks against the parliament . judge then whether the kings departure from , and taking up armes against the parliament , be not only and wholly to maintain his roman catholikes and their religion , according to the tenour of his ensuing marriage oathes and articles , what ever be pretended , protested to the contrary . the king besides the generall and speciall articles of the spanish match hereafter mentioned , took this further royall oath ex abundanti ; ( as the * french mercury records ; ) to permit at all times that any one should freely propose unto him the arguments of the roman catholike religion , without giving any impeachment thereunto : and that he would never permit , neither directly nor indirectly , * that any one should speak to the infanta against it ; taking since the like oath , with reference to the queen● by which he hath irresistably exposed himself to all temptations , seducements to the antichristian religion , and bound himself , neither by word nor deed , to make the least opposition against it , but to give it all the protection and incouragements that may be , and to the professors of it , as appears by the articles ensuing , p. 48 , 49 , &c. to his excellencie robrt earl of essex , &c. lord generall of the forces raised by the parliament● for the defence of the kingdome , king , religion , laws , liberties , against the popish and malignant party , who by force of armes invade them , and intend their utter ruine . right honourable , the * goodnesse of the cause for which armes are taken up , is the generals , souldiers , greatest encouragement : where religion and iustice are the reall causes , victory and successe will certainly be the effects of war. that these are the true unfeigned grounds of the parliaments and your excellencies defensive armes , is sufficiently manifested to the world by sundry late printed discourses ; but by none more perspicuously cleared then by these collections , which upon this consideration especially i humbly recommend to your honourable patronage . the extraordinary presence and admirable protection of god , with that victorious successe , which hath accompanied your excellency in two signall battels , at edge hill and newbery , wherein the enemy ( by reason of their many advantages ) assured themselves of a full and totall conquest , are an undubitable evidence , that you are the generall of the lord of hosts , and the cause you fight for his. therefore * no weapon that is formed against your excellency in this quarrell shall prosper ; and every malicious tongue that shall rise against you in judgment ( for fighting in this just cause ) you shall condemn . * this work is not of men , but of god ; therefore the very gates of hell , the antichristian adverse power of the romish malignant party , shall never prevail against it , can never overthrow it . your lordship and our reformed church ( now really militant ) resting upon this rock of assurance , may , in expectation of future successes , confidently take up these triumphant speeches of the heroick psalmist : thou art * our king , o god , command deliverances for jacob : through thee we will push down our enemies , through thy name shall we tread them under that rise up against us . the lord of hosts is with us , the god of jacob is our refuge . * but the wicked shall perish , and the enemies of the lord ( now in armes against our church , parliament , religion , laws , liberties , properties , lives , estates ) shall be as the fat of lambs , they shal consume , into smoak shall they consume away . yea * though they have taken crafty counsell together against gods people , and consulted against his hidden ones : and have said , come and let us cut them off from being a nation , that the name of israel ( of puritans and protestants ) may be no more in remembrance : through the tabernacles of edom and ishmaelites , moa● and the hagarens , gebal , ammon , amaleck , the philistines , tyre and assur , be now all confederated and joyned together to destroy them ; yet god shall do unto them as to sisera and iabin at the brook of ●ison , which perished at endor , and became as dung for the earth : he shall make them like a wheel , as the stubble before the wind : he shall persecute them with his tempest , and make them afraid with his storme . they shall be troubled and confounded for ever ; yea they shall be put to shame and perish , that men may know , that he whose name alone is jehovah , is the most high over all the earth . and in regard of the former victories atchieved by your excellencies incomparable valour and prowesse , we may all sing this gratulatory song of moses and the israelies , after the overthrow of pharaoh and his host at the red sea. * thy right hand , o lord , is become glorious in power , thy right hand , o lord , hath dashed in pieces the enemy . and in the greatnesse of thy excellency thou hast overthrown them that rose up against thee ; thou sentest forth thy wrath , which consumed them as stubble . the enemy said , i will pursue , i will overtake , i will divide the spoil , my lust shall be satisfied upon them ; i will draw my sword , my hand shall destroy them . thou didst blow with thy wind , the sea covered them , they sank as lead in the mighty waters . who is like unto thee , o lord , amongst the gods ? who is like the● , glorious in holinesse , fearfull in praises , doing wonders ! to this great lord of hosts , and * man of war ( of whose omnipotent protection our present parliament and your excellency have had many adorable experiments ) i shall in my dayly prayers recommend your honours person , forces , and military proceedings , till through his blessing on them , * the house of the lord shall be established in the top of the mountaines , and exalted above the hills ; the kingdome and power of romish babylon ( notwithstanding all the confederated domestick , forraign , popish forces now united to support it ) utterly subverting throughout our dominions ; and thereupon our swords be beaten into plowshares , our spears into pruning ●ooks : and one part of our nation , kingdome , shall not have any cause to lift up a sword against the other , nor to learn nor exercise a civill destructive war any more , but * mutually imbrace each other with an holy kisse of charity and peace . which that your excellency , by your successefull armes , may speedily accomplish to your eternall honour , shall be the prayer , of your excellencies devoted servant , w. prynne . to all who love their god , religion , countrey , in sincerity . dearest brethren : you might justly repute me ( especially since the late solemn covenant ) a perfidious traytor to god , religion , and my now bleeding , dying native countrey , should i wittingly conceal the underhand attempts of any mortall whatsoever , against them . i have therefore by authority of parliament published these ensuing letters , warrants , papers , extant under his majesties own , his councells , secretaries , hands and signets , with sundry orders made in open court by royall direction , for protection of popish recusants , priests , jesuits , against the many good laws enacted to suppresse them ; by means whereof , and of his marriage articles , that dangerous traiterous faction hath grown so powerfully great by degrees , and insinuated so far into the kings affections , that they now threaten a sudden extirpation of the protestant party and religion , out of his majesties dominions ; a speedy subvertion of our laws , liberties , the present parliament , by open force of armes ; having already fully possessed themselves of his majesties royall person , issue , forces , forts , affections , bearing chiefest sway in all his late councels , proceedings , as we may now clearly discern , to our greatest grief , by many wofull experiences and visible demonstrations , written in red capitall characters of our own english protestant blood ; especially by the late sending for and landing of irish rebels to destroy us . it seems a strange mystery of iniquity to me ; first , that from the beginning of his majesties reign till this present parliament , the most zealous , conscientious , pious protestants have been continually persecuted under the title of puritans ( the better to colour the design ) with extraordinarie rigour by the prelatical and popish faction , against the expresse laws of the realm , both in the high commission , prelates consistories , councell-chamber , and star-chamber , to the losse of their estates , benefices , liberties , eares , limbs , * lives . yea , thousands of them have been expelled the realm , or forced to flie into forraign desolate american plantations for securitie : and yet not one royall letter ( for ought appears to me ) could ever be produced all that time to any courts of justice in the lawfull favour of any of them ; but many royall orders , * expresses from his majesty , have been procured , rigourously to proceed against them ; notwithstanding his majesties many printed * declarations to his subjects , r●ally to maintain and defend the protestant religion , and professours of it , to the utmost of his power . secondly , that since our late unhappy , civill , bloody wars , till this present , the best and most zealous protestants ( ministers , people , ) both in ireland and england , have been every where most cruelly massacred , plundred , tortured , imprisoned , ruined , aimed at , by blood-thirsty popish cavaliers ; many of their houses , and almost some whol towns of them ( as banbury , malborough , bromingham , o●kingham , and others ) fired , sacked , by his majesties speciall commission , ( as the incendiaries reported , ) or at least by his royall * permission , notwithstanding his many late solemn declarations , protestations , remonstrances , oathes to maintain the protestant religion , the subjects liberties , properties , laws , and that he took up armes to no other end but this . thirdly , that on the other side sundry popish recusants and seminary priests have , during all his majesties raign , obtained innumerable letters of grace , protection , from his majesty , contrary to law , and orders of session in their favour , to stay all manner of proceedings or executions of the laws in force against them , contrary to the iudges and iustices oathes , till this parliament , in all counties of the realm ; and that since this unhappy civill war , the papists , both in england and ireland , have been armed against the parliament by his majesties speciall commission , yea put into places of great command , trust , admitted free accesse to his camp , court , where they are now most in favour , and preserved from all violence , injury , plunder of his forces ; notwithstanding his many royall printed declarations , proclamations , protestations , vows against popery and papists , to blinde or delude the over credulous vulgar : who now begin to be so well acquainted with these hypocriticall court-stratagems ( execrable both to god and men ) that they will no longer be circumvented by them . and is this that brave , reall , royall , defence of the protestant religion so oft protested , proclaimed to the world in print of late , with deepest oaths and imprecations of divine vengeance , if not cordially intended ? a be astonished oye heavens , and horribly afraid at this most grosse hypocrisie , most apparent dissimulation , most palpable contradiction of regall protestations and actions , which the great b king of kings , and c righteous judge of all the earth will not suffer long to go unrevenged , if not speedily repeuted , reformed . far is it from my heart to wish or imprecate the least evill to his majesty , his royall consort , or posterity , for whose reall happinesse and prosperity i shall ever be a dayly d orator to the throne of grace ; yet this i cannot but in loyalty fear , if not informe them , that if they persevere to dissemble thus with god and men , to oppose papists in words , yet cherish , protect them all they may in deeds , openly siding with irish , english popish rebels against the parliament and their protestant subjects ; and professedly arming them , with other out-landish papists , to waste , spoil , ruin , destroy their protestant kingdoms , subjects , with fire , sword , as hitherto they have cruelly done , * taking counsell against the lord , and his anointed son , servants , * to cut them off from being a nation , that the name of israel may be no more in remembrance ; though earth be silent , or men patient at this scarlet impiety , yet heaven , god will not be so : but he that sitteth in the heavens will speak unto them in his wrath , and vex them in his sore displeasure : he will break them with a rod of yron , and dash them in pieces like a potters vessell . f he who poureth out contempt upon princes , who is terrible to the kings of the earth ; who cuts off the spirit of princes , yea striks through kings in the day of his wrath ( as he smote , g king pharaoh , sehon king of the amorits , og king of bashan , all the kings of canaan , eglon , nebuchadnezzar , belshazzar , herod , with infinite other monarchs . ) he h who accepteth not the person of princes , nor regardeth the rich more then the poor , for they are all the work of his hands ; but without respect of persons rendreth to every man according to his works ; will i most certainly avenge this detestable hypocrisie , with all the blood of his saints which hath been spilt , and the injuries done to his elect , who cry unto him day and night ; yea , he will avenge them speedily . for if he , by his prophet esay , thus threatned to cut off the king of babylon and his posterity , onely for destroying his own land , and slaying his idolatrous pagan subjects that knew not god , isa. 14. 19. to 23. but thou art cast out of thy grave as an abominable branch , as a carcase trodden under feet : thou shalt not be joyned with them in buriall , because thou hast destroyed thyland , and slain thy people . prepare ye slaughter for his children for the iniquity of their fathers , that they do not rise and possesse the land ; for i will rise up against them saith the lord of hosts , and cut off from babylon the name and remembrance , the sons and nephews , saith the lord. then what severe judgement may such christian kings expect from the god of heaven , who contrary to their own frequently reiterated solemn publique vows , protestations , imprecations , most inhumanely destroy their own flourishing christian realms , with fire and sword ; plunder , pillage , captivate , slay , murder , their most pious protestant subjects every where without pitty or remorse ? if k ahab , jezabel , with all their royall posterity , were utterly cut off , extirpated in a moment , for countenancing idolaters , and putting naboth unjustly to death , onely for a pretended blasphemy against god and the king , of purpose to gain his single vine-yard ; then what will become of those kings , jezabels , and their posterities , who not onely cherish and protect many romish idolaters , priests , jesuits ; but likewise use their armed power to murder , plunder , ruin many thousands of innocent protestant naboths , yea , seize upon their whol estates as forfeited , under a pretence of treason or rebellion , and l think they do god good service in it ? certainly , if they impenitently persevere in this their tyrannicall violence , they cannot but expect the self-same judgement which these under went , from that soveraign god , m who removeth kings , and setteth up kings , and ruleth over the kingdomes of men , giving them to whomsoever he will : at lest they may justly fear the undergoing of that exemplary sentence given against proud , tyrannicall nebuchadnezzar , dan. 4. 32. to 37. c. 5. 20. 21 , 22. who when his heart was lifted up , and his mind hardned to deal proudly , he was deposed from his kingly thron , and they took his glory from him : and he was driven from the sons of men , and his heart was made like the beasts , and his dwelling was with the wild asses ; they fed him with grasse like oxen , and his body was wet with the dew of heaven , till he knew that the most high god ruled in the kingdome of men ; and appointeth over it whomsoever he will : not like butchers to slay , but as n shepheards to feed and protect his people ; not to be a o terrour to good works , but evill , to render punishment to evill doers , especially to popish idolaters ; and praise or honour to those that do well ; and to be tender p nursing fathers to the church of god : which god grant all those whom it now concerns , may seasonably and effectually consider . in the mean time it behoves all those who have any sparkes of love to god or religion in their brests , to have their q eyes in their heads , not heels ; to be as r wise as serpents , though as innocent as doves . to take heed , that they walk s circumspectly , not as fools , but as wise ; ( weighing all mens actions , not their protestations ) redeeming the time because the dayes are very evill , deceitfull beyond all former ages ; yea far more dangerous than most men apprehend them . let the consideration therefore of the ensuing papers , together with romes master-peece , the english pope , the parliaments late declaration of the rise and progresse of the irish rebellion , the articles of the irish pacification , ( to the ruine of the protesta●t party there , ) with the parliaments remonstrances concerning it , the many ships lately● sent from bristo● , besides those from other parts , with commissions to transport irish popish rebels into england to cut all our throats ; with other daily * fresh experiments of the papists great power , proceedings , treacheries , to re-erect their own , and root out our religion throughout his majesties dominions , now at last awake , and rouse us all out of our over-long desperate sencelesse security ; yea , fully open our eyes to behold the extream imminent dangers , our church , religion , laws , liberties , estates , lives , parliament , kingdome , nation , are now actually threarned with from the prevailing blood-thirsty popish party , in highest authority and favour with his majesty , now wholly captivated , possessed , swayed by them , at their wils ; and then speedily engage us all , ere it be over-late , with one unanimous consent ( according to our late solemn protestations , covenants , ) to put forth our utmost strength of body , mind , estate , prayers , to prevent that inundation of popery , that extermination of our protestant religion , laws , liberties , parliaments , that utter destruction now menaced to our three united christian kingdomes , against which the great roman pontif , with all his antichristian bloody generation of forraign and domestick popelings , have a long time conspired , and now united all their polices , purses , forces , to accomplish their finall devastation , as the ensuing papers will in part descry ; which i shall recommend to your most serious perusall , and gods blessing ; the reality of them being so unquestionable , and these transcrips so consonant to the originalls , by which they have been diligently examined , that i should but waste time and paper to trouble you with any other arguments or attestations of their verity , ( so well known to the papists , and all officers of justice ) then such as you shall finde annexed to them in the following pages , by the collector of them . your most affectionate friend , and reall servant of our church and republique , to his power , william prynne . the popish royall favourite . containing sundry letters of grace , protection , and warrants of discharge , granted by his majesty to notorious popish recusants , priests and iesuits , to exempt them from all prosecutions and penall lawes against them ; signed with the kings owne hand , &c. the originals whereof are in the custody of mr. iohn glynne esquire , recorder of london , mr. graves clerke of the peace for middlesex , and others . charles rex , whereas we have received good testimony of the loyalty , and duty of our trusty and welbeloved , william keeley , in the county of vvorcester ; and because he may be subiect to the penalties of the lawes for recusancy , these are to signifie that we are graciously pleased to extend our speciall grace towards him , and doe hereby will and command , that no indictment , presentment , information , or suit in our name , or in the name of any other , be henceforth commenced , prosecuted , or attempted against him by any officers or subiects whatsoever , for , or concerning recusancy . and if any such shall happen to be , then our will and pleasure is , that upon sight thereof the same shall be discharged and made voyd , or otherwise not prejudiciall to him . given under our signet at our court at vvhitehall , the six and twentieth day of march , in the tenth yeare of our raigne . to all and singular our iudges of assize , iustices of peace , mai●rs , sheriffs , clerkes of assize and peace , bayliffs , constables , informers , and to all other our officers , and ministers , whom it may or doth concerne , and to every of them . charles rex . whereas we are well satisfied of the loyalty , duty and affection of our trusty and wellbeloved vvilliam cobbe of sa●dringham in the county of norfolke gentleman ; and because he may be subject to the penalties of the lawes made against recusants , by way of indictment or otherwise : these are to signifie , that we are graciously pleased to extend our speciall grace towards him , and doe hereby will and command , that no indictment , presentment , information , or suite in our name , or in the name of any other , be henceforth prosecuted , or accepted against him the said william cobbe by any of our officers or subjects whatsoever , for or concerning recusancy , till we shall signifie our pleasure to the contrary ; and if any such shall happen to be , then our will and pleasure is , that upon sight hereof the same shall be discharged and made voyd , or otherwise not prejudiciall to him . given under our signet at our pallace at westminster , the fourteenth of march , in the tenth yeare of our raigne . to all and singular our iudges of assize and barons of our exchequer , iustices of peace , maiors , baliffes , clerkes of assize and of the peace , constables , headboroughs , messengers , pursivants , informers , and to all every our officers whom it may or doth concerne , and to every of them . charles rex , vvhereas ou● trusty and wellbeloved sir francis eaglesfield knight and baronet being a recusant , is thereby subject to our lawes and statutes in that case provided . these are to signifie our royall will and pleasure , that no person or persons shall at any time hereafter , sue , prosecute , implead , either by way of indictment , information , or otherwise , against the said sir francis eaglesfield , for being a recusant , or cause or procure him to be indicted or convicted by vertue of any of our lawes , or statutes against popish recusants , till we shall signifie our pleasure to the contrary . given under our signet at our palace of westminster the sixth day of december , in the tenth yeare of our raigne . to all our iudges of assize , iustices of peace , maiors , sheriffes , bayliffes , constables , headboroughs , pursivant● , and to all other our officers and min●sters , whom it may or doth concerne , and to every of them . charles rex . vvhereas we are well satisfied of the loyalty , duty , and affection of our trusty and wellbeloved sir iohn shelly knight and baronet , and the lady iane his wife , and because they may be subject to the penalty of the lawes made against recusants , by way of indictment or otherwise : these are to signifie , that we are graciously pleased to extend our speciall grace towards them , and doe hereby will and command that no indictment , presentment , information , or suit in our name , or in the name of any other be henceforth commenced , prosecured or accepted against them or either of them , by any of our officers or subiects whatsoever , for or concerning recusancy , till we shall signifie our pleasure to the contrary . and if any such shall happen to be , then our will and pleasure is , that upon sight hereof the same shall be discharged and made voyd , or otherwise not preiudiciall to them or either of them , given under our signet at our court at greenwich the ninth day of iune , in the eleventh yeare of our raigne . to all and singular the barons of the exchequer , iudges of assize , iustices of peace , maiors , sheriffes , bailiffes , clerkes of assize , and petty constables , headboroughs , messengers , pursivants , informers , and to all other our officers and ministers whom it may or doth concerne , and to every of them . ● charles rex . vvhereas we have received very good testimony of the loyalty , duty , and affection of our trusty & wellbeloved sir iohn wintour of lydney in our county of glo●cester knight , and the lady mary his wife , and because they may be subject to the penalty of the lawes made against recusancie ; these are to signifie , that we are pleased to extend our speciall grace towards them , and doe hereby command , that no indictment , presentment , information , or suit , either in our name or in the name of any other , be hereafter commenced , prosecuted , or accepted against them , or either of them , by any of our officers or ministers whatsoever for matter of recusancy , till we shall signifie our pleasure to the contrary . and if any such be already , or shall happen to be at any time hereafter , then our will and pleasure is , the same shall be forth with made void , or otherwise not preiudiciall to them , or either of them . given under our signet at our court at oatlands the seventh day of august in the thirteenth yeare of our raigne . to the most reverend father in god , our right trusty and right entirely el●ved councellour , the lord archbishop of canterbury ; to the treasurer , vnder treasurer , and barons of the exchequer for the time being , to our commissioners for recusancy for the time being , and to all the iudges of assize , iustices of peace , maiors , sheriffes , bailiffes , clerkes of assize , petty constables , headboroughs , messengers , pursivants and informers , and to all other our officers and ministers as well ecclesiasticall as temporall , whom it doth or may concerne , and to every of them . charles rex . vvhereas we are well satisfied of the loyalty , duty , and affection of our trusty and wellbeloved sir francis mannecke , of stocke in our county of suffolke baronet , and dame mary his wife ; and because they are or may be subject to the penalty of our lawes made against recusancy by way of indictment or otherwise . these are to signifie , that we are pleased to extend our speciall grace and fovour towards them , and doe therefore here by command that no indictment , presentment , information , or suite either in our name , or in the name of any other , be from henceforth framed preferred , commenced , prosecuted , or accepted against them or either of them , by any our officers or ministers whatsoever , ecclesiasticall or temporall , for or concerning recusancy , till we shall signifie our pleasure to the contrary . and if any such be , or shall happen to be hereafter , then our pleasure is , that presently upon sight hereof , the same be cancelled and made voyd , or otherwise not preiudiciall to them or either of them , and these our letters shall be to all our said officers and ministers whatsoever , sufficient warrant and discharge in this behalfe . given under our signet at our palace of westminster the one and twentieth day of april in the fourteenth yeare of our raigne . to all , &c. charles rex . whereas we are well satisfied of the loyalty , duty , affection , and good service of our trusty and welbeloved thomas lennings of london , merchant ; and because he is or may be subiect to the penalty of our lawes made against recusancy , by way of indictment or otherwise , by reason of his wives recusancy , although he himself be every way conformable : these are to signifie , that we are pleased to extend our speciall grace towards him and her , and doe therefore hereby command that no indictment , presentment , information , or suit , either in our name , or in the name of any other , be from henceforth framed , preferred , prosecuted or accepted against them or either of them , by any of our officers or ministers whatsoever for or concerning her recusancy , till we shall signifie our pleasure to the contrary . and if any such be , or shall happen to be hereafter , then our will and pleasure is , that forthwith upon sight hereof the same shall be cancelled and made voyd , or otherwise not preiudiciall to them or either of them , and this our letter shall be unto all and every our officers and ministers , whom it doth or may concerne sufficient warrant and discharge in this behalf . given under our signet at our palace of westminster , the seven and twentieth day of march , in the fifteenth yeare of our reigne . to the most reverend father in god , our right trusty and right intirely beloved councellour , the lord arch-bishop of canterbury , primate and metrapolitane of all england , and to the lord arch-bishop of canterbury for the time being , to the tresurer and vnder-treasurers , and barons of our exchequer for the time being , to our commissioners for recusants for the time being , to all and singular our iudges● iustices of assize , and goal-delivery , iustices of peace , maiors , sheriffs , clerkes of assize and peace , baliffs , constables , messengers , pursivants and informers , and to all other our officers and ministers , as well ecclesiasticall as temporall now and for the time being , whom it doth or may concerne , and to every of them , charles rex . whereas sir chr●les smith of vvalton vvavers in the county of vvarwick knight , is or may be subiect to the danger of our lawes for his recusancy by way of indictment or otherwise ; these are to signifie , that we are graciously pleased to extend our speciall grace and favour towards him , and doe hereby will and command that no indictment , presentment , information , or suit in our name , or in the name of any other , be henceforth preferred or accepted against him by reason of his said recusancy , by any of our officers or subjects whomsoeever , and if any such shall happen to be , then our will and pleasure is , upon sight hereof , that the same shall be discharged and made voyd . given under our signet at our court at greenwich the nine and twentieth day of june , in the tenth yeare of our reigne . to all and singular our iudges of assize , iustices of peace , maiors , sheriffs , bailiffs , clerkes of assize and peace , constables , and to all other our officers , and ministers wh●● it doth or may concerne , and to every of them . charles rex . trusty and well beloved , we greet you well , we have been often and earnestly moved by our deare mother the queene mother of france , to extend our favour to sir henry bedingfield knight , his wife and family , who are popish recusants , and we are very willing that for her sake they should receive our favour , when they shall stand in need thereof for that cause ; yet we must so performe it , that it may not be of * ill example to others , who are or shall be in the like kinde obnoxious to our lawes for recusancy , nor be scandalous to our government , whereof we are and must be tender ; therefore our will and command to you is , that you take knowledge of our pleasure herein , and take speciall care to preserve the said sir henry bedingfield and his wife from the danger of the lawes made against popish recusarits , that sir henry himself shall not be impeached any way for any of his family for being popish recusants ; for the doing whereof from time to time , by such wayes you shall thinke fittest , this shall be your warrant . dated this twentieth of november 1634. to our tructy and wellbeloved , iohn bankes knight , atturney generall and his successors . charles rex . whereas we are well satisfied of the loyalty , duty , and affection of our trusty and wellbeloved clement paston of thrope , in our county of norfolke esquire , and because he may be subject to the penalty of our lawes made against recusants by way of indictment or otherwise ; these are to signifie that we are graciously pleased to extend our speciall grace towards him , and doe hereby will and command that no indictment , presentment , information or suit in our name , or in the name of any other , be from henceforth commenced , prosecuted , or accepted against him by any of our officers or subjects whatsoever , for or concerning recusancy , till we shall signifie our pleasure to the contrary ; and if any such shall happen to be , then our will and pleasure is , that upon sight hereof the same shall be discharged and made voyd , or otherwise not preiudiciall to him . given under our signet at our palace of westminster , the foure and twentieth day of march , in the tenth yeare of our raigne . to all iudges of assize , barons of exchequer , iustices of peace , maiors , sheriffes , bayliffes , constables , headboroughs , messengers , pursivants , informers ; and to all other our officers and ministers whom it doth or may concerne , and to every of them . charles rex . whereas our wellbeloved subject william peters of landford-rivers in the county of essex , hath particular imployments in our service , which he cannot so well discharge and execute if he be troubled for his religion ; these are therefore to signifie our gracious pleasure , that we are so well informed and satisfied of his loyalty towards us , that from henceforward he be not any wayes questioned for the same , unlesse our pleasure be especially delivered to the contrary . and this to be sufficient warrant to any whom that may concerne . given under our signet at our court at whitehall , the six and twentieth day of march in the fourteenth yeare of our raigne . to the treasurer , vnder-treasurer , chancellours , barons , and other the officers of our court of exchequer for the time being . to all our iudges of either bench , iudges of assize , and peace , maiors , sheriffes , bailiffes , clerkes of assize and peace , constables , headboroughs , and to all other our officers and ministers whom it may or doth concerne , and to every of them . charles rex . whereas the lady elizabeth stoner of blounts-court widdow , stands indicted for recusancy in the county of oxon , she being a weake and sickly woman , as we are informed . our royall pleasure is , that you henceforth forbeare to proceed , and suffer not any farther proceeding against her , nor upon her lands and goods , upon the said indictment to conviction , or upon any other the foresaid indictment in the the said county of oxon or wilts , untill you know our further pleasure to be signified by us expresly touching the same . and this shall be your warrant in that behalfe . to all our iudges of assize and iustices of peace for the county of oxon and wilts , to our clerkes of assize and peace for the said counties , and to all other our officers and ministers else where , whom it doth or may concerne . charles rex . whereas we have received very good testimony of the loyalty , duty , and affection of sir william pearsall knight . and because he may be subject to the penalty of the lawes made against recusants , by way of indictment or otherwise : these are to signifie that we are graciously pleased to extend our speciall grace towards him ; and doe hereby will and command that no indictments , presentments , informations , or suit in our name , or in the name of any other , be henceforth commenced , prosecuted or accepted against him by any other officers or subjects whatsoever , for or concerning his recusancy , till we shall signifie our pleasure especially to the contrary . and if any such be already , or shall happen to be hereafter , then our will and pleasure is , that upon sight hereof the same shall be discharged and voyd , or otherwise not prejudiciall to him . given under our signet at our court of oatelands the five and twentieth day of november , in the tenth yeare of our raigne . to our treasurer and chancellour of the exchequer for the time being , and to all and singular our commissioners for recusants ; to all iudges of assize , iustices of the peace , maiors , sheriffes , bayliffs , clerkes of the assize and of the peace , constables , m●ssengers , pursivants , informers ; and to all other officers and ministers whom it doth or may concerne , and to every of them . charles rex . wheareas iohn carrill of harting in the county of sussex esquier , sone and heire of sir iohn carrill of harting aforesaid knight , is or may be subiect to the danger of our lawes for his recusancy , by way of indictment , information or otherwise : and whereas we understand that the said iohn carrill hath componnded with us for his whole estate by the commission of grace which we have been pleased to grant for that purpose and the like , and hath duly hitherto paid the rent reserved to us thereupon , his whole estate having been granted and released by us to him under our great scale of england . and whereas we are informed that the said iohn carrill esquire hath no lands at all to live upon but only some in the mannor of warnham in the county of sussex , which his father allowed him for his maintenance , and which is part and parcell of the lands aforesaid so compounded for with us by our commissioners , and for which the father hitherto hath duly paid the rent reserved . and whereas the said iohn carrill the sonne h●mbly offers , that if god call his father before him , he will pay us the same rent to which his father is subiect now for the same favours and immunities which the said father now enioyes , so as we are not to be damnified at all in our revenue by this our act of grace to the sonne . these are therefore to signifie , that we are graciously pleased to extend our speciall favour towards the said iohn carrill the sonne , and doe hereby will and command that no indictment , presentment , information , or any suite of any kind , in our name , or in the name of any other , be henceforth preferred or accepted against him by reason of his said recusancy by any of our officers or subjects whatsoever . and if any shall happen to be commenced or brought , then our expresse will and pleasure is , that upon sight hereof the same shall be discharged and made voyd , and this ou● warrant shall continue in force untill we shall signifie our pleasure to the contrary● given under our signet at our court at whitehall , the last day of february , in the twelfth yeare of our raigne . to all and singular our iudges of assize , our atturney generall and solliciter , iustices of peace , maiors , sheriffs , bayliffs , clerkes of assize and of the peace , constables , and all other our officers and ministers whom it doth , or may concerne and to every of them . chrales rex . whereas we have received a good testimoney of the loyalty , duty , and good affection of our trusty and wellbeloved servant , edward cotton of shelwood in the county of surry esquire and of mary his wife ; and because they may be subject to the penalties of the lawes made against recusants , by way of indictment , or otherwise : these are to signifie , that we are graciously pleased to extend our speciall grace towards them ; and doe hereby will and command , that no indictmen , presentment , information , or suit in our name , or in the name of any other , be henceforth commenced , prosecuted , or accepted against them , or either of them , by any of our officers or servants whatsoever , for or concerning recusancy , till we shall signifie our pleasure to the contrary . or if any be , or shall happen to be , then our will and pleasure is , that upon sight here of the same shall be discharged and made voyd , or otherwise not prejudiciall to them , or either of them . given under our signet , at our palace of vvestminster , the fifteenth day of iune , in the thirteenth yeare of our raigne . to the most reverend father in god the lord archbishop of canterbury ; to our lord-treasurer and chancellor , and barons of the exchequer for the time being ; to all and singular our commissioners for recusants for the time being ; to all our iudges of assize , iustices of peace , maiors , sheriffs , clerkes of assize and peace , bayliffes , constables , headboroughs , messengers , pursivants , and informers , and to all other officers and ministers whatsoever , to whom it doth or may appertaine , and to every of them , as well ecclesiasticall as temporall . charles rex . whereas we have received very good testimony of the loyalty , duty , and affection of our right trusty and wellbeloved thomas lord arundell of wardor , and the lady anne his wife , and because they may be subiect to the penalty of our lawes made against recusants , by way of indictment or otherwise : these are to signifie that we are graciously pleased to extend our speciall grace towards them , and doe hereby will and command , that no indictment , presentment , information , or suite in our name or● in the name of any other , be henceforth commenced , prosecuted , or accepted against them or either of them , by any of our officers or subjects whatsoever , for , or concerning recusancy , till we shall signifie our pleasure to the contrary ; and if any such be already , or shall happen to be hereafter , then our will and pleasure is , that upon sight hereof the same shall be discharged and made void , or otherwise not prejudiciall to them , or either of them . given under our signet at our palace at westminster ; the one and twentieth day of iune , in the thirteenth yeare of our raigne . to our lord treasurer and chancellour of our exchequer for the time being : to all and singular our commissioners for recusants for the time being : to all our iudges of assize , iustices of peace , maiors , sheriffs , clerkes of assize and peace , bailiffes , constables , headboroughs , messengers , pursivants , and informers , and to all other our officers and ministers whatsoever , to whom it doth , or may appertaine , and to every of them . charles rex . whereas we are well satisfied of the loialty , duty and affection of our trusty and welbeloved william therold of arberfield in the county of berks esquire , and francis his wife , and because they are or may be subject to the penalty of our lawes for their recusancy , by way of indictment , or otherwise : these are therefore to signifie , that we are pleased to extend our speciall grace towards them ; and doe hereby will and command , that no indictment , presentment information , citation or other suit whatsoever in our name , or in the name of any other , be from henceforth framed , preferred , prosecuted , or accepted , against them , or either of them , by any our officers or subjects whatsoever , for or concerning their recusancy , till we shall signifie our pleasure to the contrary . and if any such already be , or shall happen to be hereafter , then our will and pleasure is , that upon sight hereof the same shall be discharged and made voide , or otherwise not prejudiciall to them . given under our signe-manuall this fourth day of september 1639. to the most reverend father in god , our right trusty and right intirely beloved councellour , william lord archbishop of canterbury ; primate and metropolitan of all england , and to the lord archbishop of canterbury , for the time being , the treasurer and vnder-treasurer , chamberlains , and barons of our exchequer for the time being , to all and singular our commissioners for recusants , for the time being ; to all our iudges of assize , iustices of peace , maiors , sheriffs , clerkes of assize and peace , bailiffs and to all other our officers and ministers ecclesiasticall and temporall for the time being , and to all others whom it shall or may concerne . the like letters of grace under the kings owne signe manuall , i find granted to the lady elizateth dormer , dated the 19 of june 1629 to captaine iohn read , 13 of iuly anno 10 car. to anthony metcalf her majestyes servant produced at the open sessions of goale-delivery made for middlesex the 28 of march 15 th car. to anne lady sands dowager , elisabeth stukely her onely daughter , and elisabeth hitchcock her servant , produced at the sessions of gaole delivery for the same county the 8 of iuly anno 15 to car. to iohn chamberlain of lindhurst . produced at the same place the 9 of may 14 to car. to sir henry audley knight , and dame anne his wife , dated 15 ianuarii anno 13 car. to the lady katharine windsor , wife of thomas lord vvindsor , dated 7 febr. anno 15 car. all these letters of grace under the kings signe-manuall , and privy signet , for protection of these arch-popish recusants against all lawes and prosecutions , are registred , and the true copies of them entered by the recusants themselves or their agents in the clerk of the peace his bookes for london and middlesex , or in the crowne-office , besides sundry others left with the clerks of the peace in other counties of england . what effects these letters of grace and protection produced in courts of iustice contrary to law and to the kings and iustices own oathes , will appeare by these few ensuing orders , made at the open sessions of gaole delivery for the county of middlesex . upon speciall directions given by his majesty , and signified by a letter from master secretary vvindebank to the right honourable sir thomas richardson knight lord chief justice of his majesties court of kings bench , bearing date the sixteenth day of april 1634 and shewed now to this court. it is ordered by this court ' that the recognisance taken in court at the sessions of gaole-delivery holden for the county of middlesex at iustice hall in the old-baily the fourth day of october last past , wherein alexander baker of the parish of saint andrewes in holborn in the county of middlesex gentleman , was bound to his majesty with two sureties for his appearance at the sessions of goale delivery then next following , at which sessions he made default , shall not be estreated but all further proceedings thereupon shall be forthwith stayed . per cur. upon the reading of his majesties letters parents under the great seale of england , bearing date the third day of ianuary , in the 3 yeare of his maiesties reigne of england , &c. and inrolled in his maiesties court of exchequer . it appeared unto this court , that his maiesty was graciously pleased to signifie his royall pleasure that iohn chamberlain of lindhurst in the county of southampton esq●● should not at any time hereafter * during the terme of lx years be indicted of or for recusancy , or for not repairing to church , chappell or usuall place of common prayer , contrary to the lawes and statutes of this kingdome in that behalf had and provided . and that if any indictment be , that then upon such indictment or indictments no processe or other proceedings by proclamation or proclamations , utlary or utlaries , or● otherwise , shall be had against the said iohn chamberlain , and thereupon it is ordered by this court that his maiesties royall pleasure , signified as aforesaid would be obeyed , and that all proceedings against the said iohn chamberlain should be stayed accordingly . per cur. whereas this court hath this sessions received command from his majesty under his signe manuall , on the behalf of anthony metcalfe servant to the queenes maiesty , for the staying of any indictment or any further proceeding upon any indictment against the said anthony for matters of recusancy . it is therfore by this court ordered , that all proceedings in this court against the said anthony for the said cause , shall cease untill his maiesties pleasure be signified to the contrary . per cur. according to a letter under the hand of master secretary windebank signifiing his maiesties pleasure therein . it is ordered by this court , that the estreating of the convictions upon the indictments of the recusancy against● these persons here undernamed , shall be stayed untill his maiesties pleasure be further known to the contrary . viz. sir iohn symonds knight . elizabeth good widow . william cape , and m ●rs forman widow . according to his maiesties pleasure and grace extended towards anne lady sands dowager , and elizabeth stukely her onely daughter , and elizabeth hitchcock her servant , and signified to this court under his highnesse signe manuall ; it is ordered and commanded by this court , that no further processe or proceeding be made or had against them upon their indictments or recusancy , untill his maiesties pleasure be signified to the contrary . per cur. whereas the kings majesty under his signe manuall , signified to this court some three yeers since , that it was his highnesse pleasure that no indictment of recusancy should be received against sir charles smith of wotton-mavers in the county of warwicke , knight ; or if any such shall happen to be , that then it should be discharged and made void . and whereas at the last sessions an indictment of recusancy was preferred against the said sir charles , unknowne to this court. it is now ordered by this court , that no further proceedings shall be made against the saide sir charles upon the said indictment , but utterly to cease , untill his maiesties pleasure be signified to the contrary . per cur at the sessions of goale-delivery for london , held 16 ianu. 10 car. regis . william stamford of perry-barre in the county of stafford esquire , was indicted for recusancy , and after convicted 16 feb. 10 car. regis , and afterwards at the goale-delivery held 10 apr. 11 car. regis , it was ordered . that according to his maiesties expresse will and pleasure signified under his privy signet , dated 9 ianuar 10 car. regis , to stay all proceedings , &c. that the conviction of the said william stamford , should not be estreated at the exchequer . the like stay was made of all processe and proceedings in the exchequer , kings bench , and sessions of peace in other counties upon all the forementioned letters of grace and protection , and in sundry others of that nature ; as the order made in court upon them attest beyond all contradiction . a note of the names of those recusants , against whom processe hath been stayed by his majesties letters under his privy signet , in the crowne office. against william arundell esquire second sonne to the lord arundell of wardour , and the lady mary saint iohn his wife , by letter bearing date the 25 of april anno. 11 caroli regis . against captaine iohn read , by a letter dated the 13 th of july 10 caroli , against sir francis mannocks of stoke , in the county of suffolk , and dame mary his wife , by a letter dated the 20 of april 14. caroli . against sir henry brown of kidington in the county of oxford and dame elizabeth his wife by a letter the fifth of january 12 caroli . against william bradshaw of saint clements danes in the county of middlesex esquire and margaret his wife ; by a letter dated 4 th of july 11 caroli . against robert hewet of amptill grange in the county of bedford , and mary his wife , by a letter bearing date the second of july 13. caroli . against sir henry audley knight and dame ann● his wife ; by a letter of the 15 of january 13. caroli . against thomas lord arundell of wardour , and the lady anne his wife ; by a letter dated the 20 of iune 13 caroli . against the lady katherine windsor , wife of thomas lord windsor ; by a letter 7 of february 15 caroli , in the same court of kings bench , processe was staied against gorge cope , francis simmons , beniamin gill , and others indicted of recusancy by a warrant from william noy , the kings atturney generall , dated the 21 of may , 1633. and against henry constable knight , lord constable , viscount dumbarre , by warrant from sir iohn banks the kings atturney generall , dated the 23 of iune 1635. with sundry others . so processe out of the court of exchequer , and crowne office against robert courtese and others , was staied upon this petition . to the kings most excellent majestie . the humble petition of robert courtese , matthew reynolds and john fitzwilliam , in the behalfe of themselves and diverse others . most humbly shewing , that whereas the petitioners have lately exhibited a petition unto your majesty , declaring , that for being recusants there are writs out of your highnesse court of exchequer , directed to the sheriff● of london and middlesex , to selfe their goods to your majesties use ; albeit they have been alwayes and now are ready to compound according to your majesties most gracious favour , and their meane ability ( being poore tradesmen ) which by reason of this contagious time , and other the weighty affaires of your majesties most honourable commission , they have not yet done , and so stand in danger to perish , unlesse your majesty of your accustomed clemency doe extend your gracious favour towards them , in giving order that the said writs may be staied , which they most humbly pray . since which time they humbly shew there are other writs come out of the crowne office to arrest their persons . therefore they doe most humbly beseech your majesty to take compassion of them , and their poore estates , and to give order that the said writs may be stayed , and that they may not be molested neither in their persons or goods , whilest they are upon composition with your majestie , which they will indeavour to hasten with as much speed as may be , and , as by duty bound , your poore petitioners shall dayly pray for your majesty long to raigne most happily over us . at the court at oatelands 7. august 1637. his maiesties pleasure is , that the writs shall be stayed according to the desire of the petitioners , till the first sitting of the commission for recusants , at which time the petitioners are to make their appearance , and submit themselves to a composition according to the usuall course , and hereof the commission of recusancy are to take notice , and give order accordingly . francis windebanke . and as the course of iustice and proceedings against particular popish recusants were thus obstructed by these warrants and letters , so when commissions issued out to the sheriffs of the southerne counties of england , and wales , for finding , and seising their lands , goods , and chattels in the yeare of our lord 1639. they were forthwith countermaunded by letters sent to the sheriffs to secretary windebank in his majesties name . witnesse this following letter of his to the sheriffe of somersetshire . after my very harty commendations , whereas there did lately issue forth to your selfe and others , a commission for the finding of the lands , goods and chattells of certain recusants , which said proceedings being onely intendded for the enabling of them that are already convicted , and mentioned in a schedule annexed unto the commission , to make composition for the severall summes of mony due from them unto his majesty , upon the statutes for their recusancy according to his majesties most gracious instructions in that behalf , which otherwise they would not doe . now forasmuch as the said commission of enquiry hath been by divers misunderstood , as an unlawfull violent prosecution against recusants , which is not his majesties intention . these are therefore to signifie unto you his maiesties said gracious pleasure therein . and that no seisure be made of any the lands , goods , or chattells , of those who shall at the execution of the afforesaid commssion enter their names , that they will within three mon●thes after prosecute their composition in london with his maiesties commissioners for their recusancy as aforesaid . and that you be carefull in the execution of your commission , that all further or unusuall prosecution against recusants be forborn , by those that shall be therein imployed , and that if any seisure of any of the lands or goods of any recusant as aforesaid be already made by you or your deputies contrary to these his majesties gracious intentions , that the same by you or them be forthwith restored , such being his maiesties gracious clemency towards them at this time , at the instance of her maiesty . and so with my most hearty commendations i bid you farewell : your very loving friend , fran. windebanke . from the court at whitehall , the fifth of octob. 1639 to my very loving friend , the high-sheriffe of the county of somerset , now , and for the time being . the like letters verbatim were sent to the sheriffes of oxford , hampshire , sussex , and other counties , the originalls whereof are yet extant in mr. glyns custody now recorder of london . the like letters were sent into wales , the copy of one of them sent into flintshire , with the commissioners certificate of their stay of proceedings against recusants thereupon , i shall here subjoyn . after my hearty commendations , whereas i understand that there is a commission lately issued out of the court of exchequer , and sent into your county to enquire of the estates of the recusants there ; you are therefore forthwith uppon sight hereof to cause stay to be made of all proceedings upon that commission till his majesties pleasure shall be further known : for which this shall be your warrant , and so i rest , to my very loving friend the high sheriffe of the county of flint . your very loving friend , fran. windebanke . 11 julii 1639. copia vera exam . per. io evans . sub vic . we the commissioners whose names are under-written having received his majesties commission under the exchequer seale dated 3● die iulii in the fi●t●enth year of his majesties reigne , to us and others directed to enquire what lands , goods , and hereditaments , certain recusants convicted , whose names were in a schedule thereunto annexed , written ; for the execution whereof we having met at the towne of mould in the said county of flint , the twentieth day of september , 1639 the deputy sheriff of the said county produced a letter to the high sheriffe directed , whereof this is a true copy ; whereupon we did not proceed in that service . richard grosvenor . iohn eyton . tho. perton how many recusants were convicted from the first till the sixteenth year of his majesties reigne , onely in the southern parts of england ( besides wales and the northerne counties , where they most abounded ) many of them being persons of great estates , will appeare by this certificate of mr. iohn pulford , specially imployed in their prosecution by his majesty . convictions of recusants from ● mo caroli , in the 29 english counties within the southerne division .   anno car. about in bedford , untill 14 90 berks 14 360 buck. 14 310 cambridge . 13 40 cornwall . 13 160 devon. 13 200 dorset . 14 210 essex . 12 190 glouc. 12 80 hartford , 4 20 huntington . 14 50 hampshire . 14 960 hereford . 15 760 kent . 13 290 leicester . 16 420 middlesex . 16 1060 monmouth . 14 1400 norfolke . 14 490 northamp . 9 230 oxford . 14 440 salop. 12 560 somerset . 14 330 sussex . 12 950 suffolke . 13 460 surry . 12 160 wilts . 14 160 warwic . 12 1000 worcester . 13 540 q. rutland .         11970 for the 12 welsh counties , the convictions remaine in the custody of the prothonotaries of wales , who by order from the commissioners were to returne them 6 moneths agoe ; but yet they are not come in . how little benefit his majestie made of their lands and estates upon their convictions , by reason of the forecited letters of grace , for staying processe and proceeding against them , is manifest by this following certificate of the payment of all the revenues of recusants in the southerne parts , by the sheriffs of the severall counties from the yeere 1627 to 1460. an abstract of all such sums of money as have been paid to his majesties particular receiver of the recusants revenue for the southerne parts of this kingdome of england , by any of the sheriffs of the severall counties on this side trent , since the third yeare of his majesties raigne that now is , viz. an. dom. an. r. car.   l. s. d. 1628 4 287 11 0½ 1629 5 482 5 6¾ 1630 6 563 18 6½ 1631 7 363 12 0 1632 8 462 7 8 1633 9 337 14 8¼ 1634 10 231 1 ½ 1635 11 251 15 4½ 1636 12 231 13 0 2 / 4 1637 13 198 1 1¼ 1638 14 261 5 8 1639 15 250 9 9¾ 1640 16 161 3 10¾     4083 0 4½ rob. long : a very inconsiderable summe , if the multitude of the convicted recusants forementioned be considered , and the great yeerely revenues of sundry of them . i shall close up this branch of his maiestes extraordinary favour to popish recusants , with the petition and diclaration of master iohn pulford , and his maiesties answer thereunto in the margent , written with his owne royall hand ( by which the papists contributions towards the scottish warres are confessed , and made the ground of staying processe against them ) the originall whereof is remaining in the custody of miles corbet esquire , chaireman for the committee of examinatione . to the kings most excellent majesty . the most humble declaration of iohn pulford . your majesties servant , touching the proceedings as speciall agent for advancing your majesties revenue arising by the forfeitures or compositions with popish recusants in the southerne parts of this your maiesties kingdom , and the lets and oppositions which hindred him in effecting the service ; the which be humbly conceives ( both in discharge of his duty and trust reposed in him ) be ought to present unto your maiestie . the 19. of ianuary in the 14. yeere of your maiesties reigne , your maiestie confer'd the said imployment upon me . the 28. of february following , divers of your maiesties commissioners at my request , and for the better ●nabling me to proceed in the service , did signe letters ( which i then presented unto them ready written ) directed to the iustices of peace within all the severall counties for convicting of all recusants , as by the said letters may appeare . but about two or three dayes after , one of the commissioners did advertise me , that it was your majesties pleasure those letters should not be sent , which i obeyed . the eleventh of july after , i sent comissions into ten severall counties for enquiries to be made of the estates of recusants already convicted : but presently after letters were sent to the severall sheriffs of the said counties , requiring them to stay all proceedings upon the said commissions untill your majesties pleasure were further knowne , upon sight whereof the commissioners desisted , whereby i lost 114 li. which i had disbursed to substitutes and messengers to defray the charges of executing the said commissions . and albeit in october following , letters were sent to the said sheriffs for proceedings to be had upon the said commissions , yet in regard of the afforesaid stay , the service was so disparaged , and the commissioners were so discouraged , that they have since neglected to execute the like commissions directed unto them ; and some sheriffs have likewise neglected to provide juries for finding and returning inquisitions of recusants estates . in february following , i acquainted your majesties commissioners here with the stay of the said commissions , and backwardnesse of the commissioners in the county to proceed in the like service , and intreated them that therefore they would be pleased to signe letters once againe to the iustices of peace , and therein your majesties pleasure might be signified , as well for the indicting and convicting of all recusants , as also that the commissioners hereafter appointed should give better attendance in executing commissions of equity : to which purpose i did then present unto them a draught of a letter , which being read over unto them , they desired the lord treasurer to shew it your majesty , in regard your majesties pleasure was to be declared therein , upon intimation whereof by his lordship they would signe such letters , the which his lordship about two or three dayes after having signified , bid me prepare the letters . but within a few dayes after one of the commissioners advertised me in the presence of the lord treasurer , that it was your majesties pleasure the said letters should not be sent , for that were divers of the nobility , and other persons of quality , recusants whom your maiestie was pleased to favour , and would not have convicted . neverthelesse letters should be sent for the certifying of all recusants names unto the iustices , which recusants names they should return up unto the commissioners here , the which being accordingly written and signed by some of the commissioners , were notwithstanding afterward not sent , in regard ●ome of the commissioners conceived , such letters , being onely for the certifying of recusants names , without direction of further proceedings against them , would rather hinder then further the service . in april and may following , i caused some messenges i had formerly imployed into divers counties at my owne charges for the discovery of recusants unconvicted , to indict such as they had discovered at the sessions then held for middlesex , which they acco●dingly did : whereupon divers of those recusants petitioned your majesty against me , alleadging , that indicting of recusants in a forreigne county , was contrary to the intent of the law , and a declaration made by your maiesties royall father of blessed memory ; and thereupon your maiesty appointed the lord treasurer , lord dorset , lord cottington , master treasurer , and the lord chief iustice littleton , to take due information thereof● and deliver their opinions to your maiesty , who in iuly following , met and heard the recusants by their councell , at which time i shewed presidents for the like forreigne indictments , and necessity for proceeding in that course , in regard many recusants had for many yeares escaped convictions in their proper counties through feare or favour , and perhaps would so continue all their lives : howbeit i● was advertised afterwards that it was your majesties pleasure such manner of indicting should be suspended . besides all this i have met with another main hinderance in effecting the said service , viz. letters granted by your majesty to divers of the more eminent and wealthiest of the recusants , commanding no legall proceedings to be had against them by reason of their recusancy . whereby your maiestie not onely loseth the penalties , and forfeitures due unto your maiesty from them , but also under colour of those letters they priviledge● and protect the estates of other recusants convicted , as their own , so as the same cannot be found by inquisition , by which your maiesty is defeated of your iust interest in their particular estates . for discovery whereof your maiesties atturney generall hath ( at my instance ) preferred bills in the exchequer chamber against divers of them . in all which proceedings , my care , travell , and charges , have been extraordinary , for i have expended above 600. li. without one peny recompence from the commissioners . i therefore most humbly beseech your sacred majesty to take into your royall consideration the aforesaid letters and interruptions of the service , and to declare your princely resolution concerning my proceedings for the time to come , as may be most for your majesties honour and increase of your said revenue . and as in duty bound , i shall daily pray for your majesties long and prosperous reigne . discharges of priests and iesuites under the king , councels , and secretary windebanks hands . as i have given you a brief discovery of his majesties extraordinary letters of grace and protection to popish recusants for stay of all legall proceedings against them hitherto , so i shall in the next place present you a summary list of his own , his councels & secretary windebanks ( most likely by his royall direction ) favours to , and discharges of seminary priests and iesuites from all legall prosecutions , and imprisonments , in or near london onely , all extant on record in the severall prison bookes to which they were committed , or in the kings bench , most of the originalls of them being now in the recorder of londons hands , appointed long since to draw up secretary windebanks charge . i shall begin with his majesties discharges under his own signe-manuall . charles r. whereas on the 24 of march last , our pleasure was declared to the lords of our privy councell , that at the instance of our dearest consort the queene , and in regard of the peace betweene the two crownes , we were graciously pleased that these priests and recusants here undernamed , who were then in severall prisons , should be released and delivered to the marquesse de chasteauneu● , ambassadour extraordinary to us from the french king , notwithstanding any former order against such releases and deliveries , with this further declaration , that if any of them shall remain in , or return into the kingdome , that our expresse will and pleasure is , that * the law should passe on every such person without further favour , all which was ordered accordingly , and all the said persons or divers of them were brought unto you by severall warrants , these are therefore to will and command you forthwith to deliver to the said ambassadour , or to such persons as he shall appoint in that behalf , all such of the said persons , as are already come into your charge and custody , and all such as shall come to your charge hereafter by vertue of the aforesaid order , and this shall be your sufficient warrant : so as you doe not deliver any other but the persons hereafter named , and that you returne a list of such as you shall deliver to the lords of our privie councell , given under our signe manuall at denmark house the eleventh day of april , in the sixth yeare of our reigne . iohn dally corn●lius crawley iohn southw●rth reynault mac. donnell palmer gilbert brodin roger clay thomas gant alias thornbrough middleton stevens iames willandson . richard salvin . th● . ridale brian medcalf iohn seargin william biddle . to our keeper of the clinke , or to his deputy . here we have no lesse then sixteen priests released out of one prison by one warrant under his majesties own hand at one time , at the queenes own instance , when not altogether so powerfull , nor popery grown to that head and power as now . i doubt , no such warrant can be produced to discharge any puritans ( as the most zealous protestants were nicknamed ) our of prison all his reigne . not long after there were six more priests taken , and committed to the clink , all of them this same yeare released at once by this ensuing royall warrant under his majesties hand . charles r. whereas since our last warrant unto you , bearing date the eleventh day of april last , there have been brought unto your custody these hereafter mentioned priests or recufants , the which according to our pleasure signified on the 24. of march last , at the instance of our dearest consort the queene , are to be transported beyond the seas , by such persons as the marquesse of casteauneu● late ambassadour extraordinary from our deare brother the french king , hath appointed . these are therefore to will and require you forthwith to deliver to the said persons or person by the said french ambassadour so appointed , the six persons hereafter named , to be presently transported into the parts beyond the seas , whereof doe you not faile , and this shall be your sufficient warrant for the same . given under our signe-manuall at our palace at westminster , the 25 day of june , in the sixth yeare of our reigne . thomas holmes robert widdrington thomas readman thomas berry thomas sheephard gilbert shelton . to our keeper of the clink or to his deputy . after these liberall discharges of so many priests together , it seemes , the officers of justice were much dismayed in their bootlesse apprehensions of them , whereupon there were seldome many of them together in prison at once in succeeding yeares ; and if any single priest were casually apprehended by any deligent officers , they soon procured their several discharges , many of them under the kings own hand , of which there are sundry presidents , almost in all the prisons and goales of england and wales , overtedious to ennumerate or transcribe ; i shall instance onely in three or foure to the clinke , whch together with newgate , the gate-house , and newprison , could furnish us almost with a whole volume of the like examples . charles rex . vvhereas richard salvin was heretofore committed to your charge to be kept prisoner there untill further order ; these shall be now to will & require you to enlarge the said richard salvin , & to deliver him unto du. moulin a french gentlemam , to be by him transported into the parts beyond the seas , for which this shall be your warrant . given under our signe manuall at our palace of westminster the eighteenth of november , in the seventh yeare of our raigne . to our trusty and welbeloved , the keeper of the prison of the clinke . this salvin was one of the 16 priests formerly discharged , and staying here apprehended , & now again discharged , contrary to the purport of the former warrant . charles rex . whereas request hath been made unto us by mounsieur biscaret , in the name of our deare mother in law , the queene dowager of france , in the behalfe of matthew wilson , a romish priest , now a prisoner in your custody , that he may be released out of prison , to depart immediately out of the kingdome in the company of the said mounsieur biscaret : we being● willing to give our deare mother contentment in this particular , doe hereby will and command you forthwith to deliver the person of the said mathew wilson unto the bearer hereof edmund barker , one of the messengers of our chamber , to be by him conveyed unto the sea side , and there shipped in such sort as we have directed by our warrant unto him in that behalfe : and for so doing , these our letters shall be your sufficient warrant and discharge . given under our signe manuall at our palace of westminster this foure and twentieth day of january , in the seventh yeare of our reigne . to the keeper of the prison of the clink within our borough of southwark . this priest released by this warrant , under pretence of being sent beyond the seas , continued either still in the kingdome , or returned hither soon after , being here very lately , as divers credible witnesses have attested ; and no doubt most of the other priests released on this pretext , either remained here still after their enlargement , ( as salvin and iohn southworth did , as you will see anon ) or returned back in short time after , * unlesse by the generalls of their severall orders , others were sent to supply their places ; it being contrary to their oath of obedience to their superiors , who give them their missions , to return from any place whither they are sent , without their speciall license , and an unpardonable sinne ; the true reason , why so many priests and iesuites chuse rather to suffer death then depart the realme without the license of their superiours first obtained , which mandates their discipline and doctrine , constrein them absolutely to obey , under pain of eternall damnation , & the severest ecclesiasticall and temporall censures they can inflict . there is another warrant under the kings signe-manuall directed to the keeper of the prison , called the new prison , within the city of london , for the release of ion plansford a romish priest , at the request of the same mounsier biscaret , in the name of queene mother dowager of france , dated the same 24 day of january the same yeere as the last recited warrant and agreeing verbatim therewith , therefore needlesse to recite : onely i shall adde this one warrant more of the kings , running in a more legall forme . charles by the grace of god , king of england , scotland , france and ireland , defender of the faith , &c. to the keeper of the prison of clinke in the borough of southwarke in the county of surry , and to all maiors , sheriffs , and justices of peace , and to all others to whom it shall or may appertaine , greeting . whereas intercesion hath been made unto us by the marshall of bassampire , ambassadour extraordinary from the christian king our deare brother , that out of our grace and goodnesse we would be pleased to release from imprisonment the body of ioseph pater a romish catholike , remaining in the said prison of the clinke : know you , that we being willing to gratifie the said marshall de bassam , pire , in granting unto him this his request on the behalfe of the said prisoner have given and granted , and by these presents doe give and grant unto the said keeper of the prison of the clinke , and to you the said maior , sheriffs , and iustices of peace foresaid , whom it may concerne , full power , warrant , and authority to enlarge and discharge the body of the said ioseph pater of his imprisonment out of the said prison before mentioned , if for recusancy onely , and for no other cause he stand committed : and this presents , or the inrolment thereof shall be as well unto you the keeper of the said prison of the clinke for discharging and enlarging of the said prisoner , as unto you the said maiors , sheriffs , and iustices of peace , for suffering him to walke abroad at large , a sufficient warrant and discharge in that behalfe . given under our signet at our palace of westminster the eight day of ianuary in the second yeare of our raigne . exa . per ro. heath . may it please your most excellent maiesty : this conteineth a warrant for the enlarging of ioseph pater , a romish catholike , now prisoner in the clinke , at the intercession of marshall de bassampire ambassadour extraordinary from the french king. signified to be your maiesties pleasure by the lord conway . rob. heath . for releasments of priests by the privy councels warrants , take these three presidents in stead of many ; the very originall warrants under the seale of the privy councell , being now in the recorders of londons hands . whereas iasper loberi● was formerly committed to your custody , to remain prisoner under your charge till further order : these are to will & require you forthwith to discharge & set at liberty the aforesaid iasper loberie , from his imprisonment ; for which this , together with a certificate under the clerk of the councels hand , that the said loberie hath given security , according to an order of this board , shall be your sufficient warrant . dated at whitehall the 15. of iune , 132. thomas coventry c. s. arundell and surry rich. ebor. manchester . wentworth . i. coke . wimbleton . francis windebank , to the keeper of the clink , or his deputy . at whitehall , the 18 of december , 1633. present lord archbishop of canterbury , archbishop of yorke . lord privy seale . lord high-chamberlain . earle of salisbury . earle of kelly . lord viscount wimbleton . lord cottington . lord newburgh . m r , treasurer . m r. secretary coke . m r. secretary windebanke . vvhereas a petition was this day presented to the board , by robert hais , prisoner in the new-prison , shewing , that the petitioner is much impoverished in his estate , by his long imprisonment , and is now grwne so weake through infirmities that unlesse by their lordships favour he may enjoy the benefit of fresh ayre for the recovery of his health , his life is in great danger . and therefore made humble suite to be discharged from prison ( for preservation of his li●e as aforesaid ) upon good security to attend the board within ten dayes after notice in that behalfe . forasmuch as his petition was recommended to the board by the queenes majesty ; their lordships doe thinke fit , and order that the said hais ( first giving good security to attend the board within ten daies after notice given as aforesaid ) shall be discharged from his imprisonment , and enjoy his liberty without molestation or trouble of any messengers , or other his maiesties officers whatsoever . where of the keeper of the said prison and all other whom it may concerne are to take notice . ex. wil. becher . these are to will and command you to set at fulliberty the person of william waglrave formerly committed to your custody ; and for your so doing this shall be your warrant . dated at star-chamber the last of lanuary , 1643. wil. cant. thomas coventry , c.s. arundel and surry salisbury . r. ebor : h. manchester , pembrooke and montgomery . to the keeper of the clinke and new-prison , or his deputy . these three persons were committed for priests , and discharged as such , though not expressed in these warrants , the better to colour the businesse . note that the archbishops hands of canterbury and yorke , are first subscribed to the two latter of them ; but yorkes to the first in canterburies absence ; whose hands i dare say , are to no warrant for such a discharge of any puritan or orthodox protestant many more warrants of this nature from the privy-counsell might be produced , which for brevity i omit . secretary windebankes warrants for releasing of priests are almost infinite . i shall touch onely upon some few now remaining in the recorder of londons hands , who was to draw up his impeachment before he fled into france . vvhereas william waller was comitted unto your charge for recusancy , and for suspi●ion of being a priest : these are strictly to charge and command you in his majesties name upon the sight hereof , forthwith to set him at liberty : and i do likewise hereby require you to deliver unto him his apparell and other necessaries left in his chamber when you gave * him leave to go abroad , at the queenes maiesties desire , he paying unto you onely the ordinary fees due by law for the release of any prisoner from your charge and custody . and this shall be your sufficient discharge in this behalf . dated the ninth day of octob. 1632. fran. windebank . to robert davison keeper of the clink in southwark , or to his deputy there . these are to will and require you forthwith upon sight hereof to enlarge and set at liberty the body of henry moore now prisoner in your custody , for which this shall be your warrant . dated at westminster 1 decemb. 1633. fran. windebank . to robert davison keeper of the new prison in maiden-lane , london . this moore was committed for a priest. the king himself by this warrant under his own hand committed one edward moore a priest , to the clink , for a notable misdemeanour done in his court. charles r. we will and command you to receive into your custody the body of edward moore , and him to keep and detaine in safe and sure custody , untill you receive our further pleasure concerning him ; for which this shall be your warrant ; given at our honour at hampton-court , this 19 th day of decemb. 1629. in the 15 yeare of our reigne . to the keeper of our prison of the clink . secretary windebank by his own ensuing warrant , without any expressed directions from the king , undertakes to release this priest , committed by the k. himself . these are to will and require you , forthwith to enlarge and set at liberty the body of edward moore , now prisoner in your charge upon suspition of being a priest , and hereof you are not to fail . dated at whitehall , 14. mar. 1634. fran. windebank . to the keeper of the clink , and to his deputy . the like warrants of release and discharge are under the said secretary windebanks hand to the keeper of the clink , for william drury , a popish priest 24 mar . 16 : 4. for thomas holmes a priest 9 may 1634. for humfrey turbervill , a priest , 1 decemb. 1634. for iohn fisher alis percy a popish priest , committed by warrant from the lords of the councell to the gate-house 12 decemb. 1634. and released by the said secretaries warrant to the keeper of the gate-house 12 august 1635. for thomas rainolds a priest , ( to the keeper of the gate-house ) 17 april 1635. for iohn goodman , a noted priest ( to the keeper of the gate-house ) 17 sept. 1639. with infinite others , whom i now omi● . it was the usuall practice of this * iesuited secretary ) who had a pension from the papists , and was a lay-iesuite brought up by the archbishop of canterbury , whose scholar he was , and made secretary of state at his suite , as the memorialls of his life attest ) first , if any priests were brought before him by the officers , if he could not discharge them without commitment , to commit them to prison for 4 or 5 dayes , for a shew , and then to discharge them . i shall give you one late instance in stead of many , out of his own warrants in the case of arnold gerard. these are to will and require you forthwith to receive into your custody the body of arnold gerard a romish priest herewith sent you , and him to keep till you shall have further order . and hereof you may not fail . dated at my house in drury-lane , 25 may , 1640. fran. windebank . to the keeper of the gate-house in westminster or , his deputy . within five dayes after he discharged him again by this warrant , under the secretaries seale . these are to will and require you forthwith to set at liberty the body of arnold gerard , whom i lately committed to your custody . and hereof you may not fail . dated at my house the 30 th of may 1640. fran. windebank . to the keeper of the gate-house in westminster , or his deputy . so thomas reinolds a priest committed by this secretary to the gate-house the tenth of april 1635. was absolutely discharged by him thence , on the seventeenth day of the s●me moneth , as appeares by the warrants . iohn southworth , one of the 16 priests released by the kings forecited warrant of april 11 sexto car. to be sent beyond the seas as was pretended ; continuing a dangerous seducer after his release , was afterwards committed again to the clink prison by the lords of the privy-councels warrant ; but yet for all that had free liberty to walk abroad at his pleasure ( as most priests during their imprisonment , had , the more safely to seduce his majesties good subiects , and open masses in their prisons to boote ; whereupon being apprehended and brought before some of the high-commissioners , and refusing to give bond to appear before them ( though the good men never did such romish-vermin any harm in their terrible court , a spanish inquisition onely to torture puritanes , and no other persons , ( he was sent to the clink by their warrant under the seale of the court , dated the 24 of june , an. dom. 1640 ( to which they found him to be formerly committed by the lords , and to be then a vagrant prisoner ) to be there detained under the keepers custody untill other order should be given for his inlargement all , which is expressed in the warrant for his commitment . but within few dayes after this priest was absolutely released by this warrant . these are to will and require you forthwith upon the sight here of , to enlarge & set at liberty the body of iohn southworth lately committed to your custody . for which this shall be your warrant . dated at my house in drury-lane , 16 iuly 1640. fran. windebank . to the keeper of the clink , or to his deputy , or deputies . how dangerous a seducer this southworth , alias southwell was , appeares by this petition of robert vvhite , sub-curate of st. margarets parish in vvestminster to the archbishop of canterbury , the last great sicknesse , 1636. most humbly sheweth , that the petitioner ever since the beginning of this grievous visitation in westminster , hath used all the pains & diligence that possibly he could , to serve the cure in the absence of dr. vvimberley ; and bein gimployd by divers charitably disposed people to distribute their alms among the most indigent and distressed sort of people , he hath observed two popish priests to frequent vvestminster , one of which is called southwell , who is , and long hath been a prisoner in the gatehouse , but * lies about clerkenwel , this southwell , under a pretence of distributing almes , sent from some of the priests in somerset-house , or other papists , doth take occasion to go into divers visited houses in vvestminster , and namely to the house of one vvilliam baldwin , and vvilliam stiles in the kemp-yard in vvestminster , and there finding baldwin neer the point of death , did set upon him by all meanes to make him change his religion , whereunto by his subtile perswasions baldwin easily consented , and received the sacrament from him according to the church of rome , and so died a romish-catholique . and in the same maner he perverted william stiles , who also died a romish-catholique . and south-well to colour and hide these wicked practices , doth see the watchmen and other poor people thereabouts , that they should affirm he comes onely to give almes . and thus under a pretence of relieving the bodies of poor people , he comes onely to poysons their souls . now may it please your grace , the petitioner having no means to apprehend these priests , or to stop this danger and dishonour to our religion , doth humbly implore your graces favour and zeal , that some speedy course may be taken to hinder the progresse thereof ; and that not onely for the confirming and setling of poor people in our religion , but also to prevent a great danger which may ensue to the queenes maiestie at her coming to denmarke-house , for that divers poor people newly turned romish-catholiques , do commonly frequent the masse at denmarke-house ; and three of those poor people watched all night with vvilliam stiles immediately before he died , and the next day went thither to masse . a most wicked course if it should not be remedied . upon this , southwell soon after was apprehended , indicted , arraigned , and the premises fully proved against him by sundry witnesses ; and yet by the queens and vvindebanks powerfull meanes , his finall triall was put off , to the great discontent of the people , & he not long after released , even neer the verie time that d. bastwicke , mr. burton , and mr. prynne , were most grievously censured in the star-chamber , and most barbarously pillored , deprived of their eares , stigmatized , yea sent away close-prisoners and exiles into forraign islands , and there shut up so strait , that not so much as their wives of friends might have accesse by person or letter to them , nor set footing in the islands where they were cloistered up , under pain of imprisonment and the severest censures ; and all for opposing the popish doctrines and innovations brought into our church by the prelaticall and popish confederates , who conspired to undermine our religion , and boldly discovering this their conspiracy spiracie in printed bookes , to the incredulous secure world , who never dreamed of such an imminent danger to our religion , which is since more palpably and experimentally discovered . to such an exorbitant power and prevalency had the priests and popish faction then attained . secondly , if any priests or jesuits were committed in the countrey , then it was this secretaries ordinary practice to send for them up to london , by his own warrant and messengers , under pretence of proceeding against them here , and so to release them : to give you one late instance ( most counties having made experiences of this practice . ) patricke clerye , a dangerous priest , was committed by the earle of salisbury to hortford-gaole by this warrant . you shall receive herewith the body of patricke clerye , who by his own confession made before me is a seminary priest . wherefore these are to will and require you to take into your custodie the body of the said patricke clerye , and him to keepe in durance , till he shall be delivered by sufficient warrant for that behalf . and herein you may not faile , at your perill . dated at hertford this 26. of june , 1643. salisbury . to the keeper of his majesties gaole of hertford , or his deputies there . within few dayes after this priest was removed and released by windebanke , by colour of this juggling warrant . by vertue of his majesties command to me given , these are to wil and require you forth with upon sight hereof , to deliver the body of patricke clerye , now prisoner in your custody , into the hands of this bearer , one of the messengers of his majesties chamber , sent purposely for him , who is to bring him hither , to be * proceeded with , as his majesty shal please further to direct ; and hereof you may not faile at your perill . dated at whitehall , 21. july , 1640. fran : windebanke . to the keeper of his majesties gaole of hertford , and to all others whom it doth or may concerne . by such a warrant as this , captaine read , that active lay-iesuite , mentioned in * romes-master-piece , the common host and agent of the jesuits society in england , and chiefe agent in the late irish rebellion , was freed from the gaole in devonshire where he was imprisoned , and then inlarged , and especially protected by the king , in manner following ; by the king himself , and this letter of grace . by the king. vvhereas we have received good testimonie of the loyaltie and dutie of our * trusty and wel-beloved captaine iohn read , and because the may be subject to the penalties of the lawes against recvsancy , these are to signifie , that we are graciovsly pleased to extend over speciall grace towards him ; and doe hereby will and command , that no indictment , presentment , information , or suit in our name , or in the name of any other bee henceforth commenced , prosecuted , or accepted against him by any of over officers and svbjects whatsoever for or concerning recvsancie . and if any such shall happen , then our will and pleasure is , that upon sight hereof the same shall be discharged and made void , or otherwise not prejudiciall unto him . given under our signet , the 13. day of july , in the tenth yeere of our reigne . to all and singular our iudges of assize , iustices of peace , majors , sheriffs , clerks of assize , basiliffs , constables , informers , and all other our officers and ministers , whom it doth or may concern , and to every of them . this letter of extraordinary grace and protection to this arch-traitor , conspirator and rebell , is entred of record in the sessions-booke of the clerke of the peace of middlesex at the sessions held 6. oct. 13. caroli , pag. 261. and in the crown office too , where those who please , or doubt of it , may peruse it at their pleasure . 3. this secretary committed some , and much blamed other officers only for apprehending & molesting popish priests ; and released iames a priest taken in execution for a debt , by commanding an officer to bring him out of prison to his chamber to examine him , and there by collusion permitted him to escape ; for which escape thus fraudulently procured , the jailor and officer were inforced to pay the debt . the warrants to free priests and jesuits out of prison before and without indictments , to prohibit them from indictments , to reprieve and release them after they have been arraigned and condemned , are almost numberlesse . the jesuits apprehended by justice long in their new erected colledge of clerkenwell , in the third yeere of the kings reigne , were all bailed and released before they were indicted and tried , by speciall directions from the king ; which abuse was much complained of , and examined in the parliament held that yeer : and how many scores of priests have been since released without any prosecution and indictment , when apprehended , the premised warrants and the goal-books thorowout england will at test ; windebanke releasing above 80. as was proved in * parliament . 4. iunii 1633. a privie seale reciting that one iohn broughton was indicted for a priest , was directed by the king to the judges of the kings bench to stay proceedings against him , which is recorded in the crowne office ; whereupon this warrant was made under the lord chiefe justice richardsons hand . whereas there is an indictment remaining upon record in the kings majesties court of his bench at westminster , against iohn broughton of london clerke , otherwise iohn crowder of london clerk. and whereas his majestie hath directed his privie seal to me , and to the rest of the judges of the said court , for staying of prosecution of the said indictment against the said iohn broughton , by the name of iohn broughton of ruerdeane in the county of gloucester , the said iohn broughton being one and the self-same person , though diversly stiled in the privie seale , and in the indictment . therefore let the clerke of the crown keep the said privie seale and stay processe upon the said indictment untill further order be taken , and this shall be your warrant . 4 iunii 1633. thomas richardson ch. j. this broughton , at the sessions of oyer and terminer for the city of london , 22. febr. 7. car. r. was indicted for a priest , which indictment was afterwards removed into the kings bench returnable immediately , and there stayed by this former order . anno 1643. henry rivers , francis foster , william atkins , francis cotes , and george parret , priests & jesuits , were all indicted in the kings bench of high treason for being priests . upon this , george parret presented this ensuing petition to the king in the behalfe of himself and his fellowes ( recorded in the crown office , with the proceedings on it ) being the boldest piece , and most presumptuous sawcie affront to the proceedings of justice against priests and papists , that i have met with ; and yet receiving such a gracious answer from his majesty which most would have thought he would have rejected with highest indignation ) as may well amaze his protestant subjects . to the kings most excellent majesty . the humble petition of george parret gentleman . in all humility sheweth , that whereas your petitioner , with other foure roman catholikes , by evill evidence was in his and their absence indicted the 25. of iune last , in your majesties court of kings bench for high treason , for having taken orders of priesthood beyond seas , and returning to england , contrary to the statutes of this your highnesse realme in this case provided . now for as much as your petitioner , together with the rest , are * prosecuted unjustly by some malicious adversary , in hope to ruine him , or them upon no ground or occasion , but meerly upon surmises , venturing even to sweare , whatsoever their malice can invent , or what they can finde to be for their owne gaine or advantage , being persons easily to be gained with any small summe of money from prosecuting whatsoever they pretend boldly to concerne the state and good service to the crown , as a particular information is readie to be given of such persons ordinarie practices , and dayly vexations of roman catholikes , althovgh * certainly known and deserved to be of the nvmber of yovr majesties most loyall and obedient svbjcts , if it may please your majestie to appoint either that the secretaries of state , or any of your justices of peace to hear the same . further sheweth , that the petitioner and the rest , untill sixe daies after the said indictment , had * no notice of the said proceedings , nor to his knowledge ever saw him that gave such evidence against him : which course as it is * most extraordinary , having neither been nor practised neither in the time of queene elizabeth , nor of your majesties royall father of blessed memorie in a case of this nature , without speciall order of their majesties , or of the lords of their majesties privie councell , and the parties so to be indicted , to be actually held , and present ; so may it this way happen to any of your majesties subjects whatsoever , to be in danger of conviction of a priest by outlary , by means of any malicious adversary , without any notice at all , to their utter ruine , and without all due consideration and respect of the worthy esteem which your highnesse most gracious clemency towards your * loyall subjects hath justly gained every where . the premises considered , and the present danger whereunto your petitioner , together with your majest es loyal and obedient subjects , are lyable by such indirect and unaccustomed means : they most humbly beseech your highnesse would be graciously pleased to give present order , that the proceedings upon the said indictment may be stopped or superseded . and no such course hereafter taken against them or others , without expresse order from your majesty , or the lords of your majesties most honourable privie councel , as the custome hath formerly been : and your petitioner , together with the rest , as in duty bound , will daily pray for your majesties long and happy raigne . to this insolent petition , extending to all roman priests and catholiques , and prescribing what proceedings shall be hereafter used against them , this answer was returned to my lord richardson , then chief iustice , by windebanck . my lord , i send your lordship herewith a petition presented to his majesty by george parret gentleman , which his majesties pleasure is , that your lordship shall take into consideration : and if you finde undue practice against the petitioner and the rest , as is suggested in the petition , then your lordship is to certifie his majesty thereof ; and howsoever , in the mean time , to stay the indictment , and any proceedings against the petitioner and the rest ; which is all i have to your lordship at this time . to my honoured friend , sir thomas richardson , knight , chief iustice of his majesties court of king-bench , westm. 20. iuly 1634. your lordships loving friend , fran. windebank . hereupon those indictments were stayed , contrary to law , iustice , and the iudges oaths . henry morse , a romish priest , was committed prisoner to newgate , by a warrant from the lords of the privie councel , dated march 26. 1637. iune 20. following he was released by vertue of this royall warrant , after two indictments preferred against him , he being a most dangerous seducer , who perverted no lesse then 560. persons in and about saint giles parish , as appeared by a certificat read in court. charles r. whereas at the instance of our dearest consort the queen , we have been pleased to grant , that henry morse , lately indicted upon suspition of being a priest , and still prisoner in our goale of newgate , shall be inlarged , upon sufficient security given to appeare before the lords of our privie councell when he shall be thereto called . and for as much as we understand that he hath given sufficient security for that purpose , wee do therefore will and command forthwith to inlarge and set at liberty the body of the said henry morse , for which this shall be your sufficient warrant . greenwitch the 20 , day of iune , in the thirteenth yeer of our raigne . to the keeper of the goale of newgate , and to his deputy . before which , secretary windebanke granted this warrant for him to put in his security . whereas his majesty hath been pleased to command , that henry morse , prisoner in newgate , shall be discharged from his imprisonment , giving sufficient security to appear before the lords of his majesties most honourable privie councel , upon 20. dayes warning given him to that purpose . these are therefore to will and require you , to bring the body of the said henry morse to my house in westminster to morrow , being saturday at eight of the clock in the morning , to enter security accordingly . and so for doing this shall be your warrant . dated at westminster , 16. june 1637. fr. windebancke . to the keeper of the prison of newgate , and his deputy . what favour and protection the priests and jesuits found from secretary windebanke , and the archbishop of canterbury , who brought him into this place ; and what discouragement , injuries the prosecutors of them sustained , onely to take off all prosecutions of them , will appeare by this subsequent attestation of mr. newton and others , both before the whole * house of commons , and a committee ; and now put in writing under their owne hands , who are and will be ready to avow it in all particulars . francis newton gentleman , about thirteene yeares last past , obtained a generall warrant from the lords of his majesties privy councell , for the apprehending of jesuits , seminary-priests , transporters of children &c. by vertue of which warrant he the said newton , together with his servant iohn cooke , did apprehend at severall times divers jesuits and priests , to the number of 36. at his great charge and hazard of life ; who were brought before secretary cooke , and others , and by them committed to severall prisons : whereupon the late secretary windebanke discharged the said jesuits and priests , and committed newton and cooke severall times to prison for performing their service , to their great charges and hazard of life . the said windebanke sending for newton , tooke from him at severall times eight watches ( formerly taken from priests , and given to him by the lords , ) to the value of 70. pound . moreover , the said windebanke took from newton two rich units of popish vestments , formerly given him by the lords of the privy counceil ; the said windebanke engaging his honour to newton , that he should receive from the queene 200. pounds or the vestments againe ; newton often demanded the same of windebanke , yet could never get them , nor the value of them , but onely threatning words . divers jesuits and priests constantly frequently the said windebankes house ; and amongst the rest one henry lloyd , alias francis smith , alias francis ryvers , alias francis simons , a grand jesuite , a great seducer , and chiefe agent in the great and damnable plot of the gun-powder-treason , who by the counsell of windebanke and some of his adherents , gave a judgement of 300. pound to be a prisoner to the fleet , that the state nor messengers should take no notice of his iesuiticall plot. the said newton , together with one thomas mayo , about august in the tenth yeare of the king , searching the house of one bartholmen frumman esquire , of cheame , in the county of surrey , found the said lloyd , alias ryvers the jesuite there ; who going to carry him away , the said jesuit shewed him and two high constables the said windebankes warrant , that no messenger or any other person should molest him , whereupon they left him there . moreover the said jesuite then said to newton and mayo and the high constables , these words : are you angry with me for being here ? if you will stay till to morrow being monday , you shall see seven more priests of us here ; this he spake in a vaunting way , having a protection from windebanke . the said newton and mayo the michaelmas-terme following indicted the said jesuite and frumman the harbourer in the kings-bench , and proceeded to the vtlary : whereupon windebanke sent a warrant and apprehended newton and mayo , and threatned them , that if they did not forthwith forbeare prosecuting the said jesuit and harbourer , he would immediately lay them by the heels ; but the said newton and mayo proceeded to the vtlary against them both , notwithstanding : which windebanke perceiving , caused justice , bartlet to stay the proceedings thereupon . this francis smith the jesuit said to m. waddesworth and m. taxley these words ( in norfolke ) some yeers since , that it is not now a time nor way to bring in their religion by disputing or books of controversie , bvt it mvst be done by an army , and by fire and sword . the said jesuit usually frequented the now archbishop of canterbury , and was very seldome from him : which jesuit perswading cooke , newtons servant , to goe with sir kenelm digby into france , that so cooke might give no more information against priests ; and promising him great preferments there , he did about christmas was foure yeers , cary cooke one morning to sir kenelms bed-side at m. burgesses in s. martins in the fields , where after some discourse , smith taking his leave of sir kenelm , prayed him in cookes hearing , to excuse him to my lord of canterbury , that he could not dine that day with his lordship ; and prayed him to desire my lord of canterbury , to remember the businesse that he last spake with him about . to which sir kenelm replied , that he would not faile him to doe it , for he was to dine with my lord of canterbury that day . iohn gray , a messenger , took one fisher a grand jesuit , who having been severall times examined before the lords of the councell , the said canterbury came from the king , and delivered this sentence against him : viz. mr. fisher , fall downe upon your knees , and pray for the king , that he is so mercifull unto you to save your life . it is the kings pleasure that you must be banished the kingdome ; and be committed to the gate-house , there to remain , untill you put in good security never to return again . yet suddenly after the said fisher his imprisonment , windebanke released him , and gave him a protection , that no messenger , nor any other person should molest him , upon paine of his displeasure . the said gray and cooke afterwards ( not knowing of his protection ) apprehended fisher ; whereupon he shewed him his protection from windebanke , and was thereupon discharged . vpon which gray and cook went to secretary cook and told him that fisher was discharged by windebanke . whereupon master secretary commanded gray to go to my l. of canterbury , and tell him of fishers discharge . vpon this gray and cook went accordingly to speak with canterbury , yet could not have any admittance to him ; but spake with m. dell his secretary , and demanded a warrant of him under canterburies hand to apprehend fisher the jesuite : who replied and said to gray , that he was an idle fellow to come for a warrant from my lord , for he would meddle with no such matter as that was ; but bid gray , if he would have a warrant , he should repaire to the councell-board ; vpon which gray answered and said , i see how the game goes now ; is not my lord metropolitane of england , and ought not he to grant me a warrant ? but i hope eye it be long to see better dayes . vpon this the next day following canterbury complained of gray , and brought him before the councell , and committed him to the fleet , where he remained 14. weeks . after which canterbury seeing the lords would discharge gray , who oft petitioned them by his wife , caused windebank to lay his warrant upon him ; wherupon he there remained prisoner 7. weeks more . and upon often petitioning by grayes wife , windebanke was at last contented to discharge gray , so that gray would put in good security unto him that he would not hereafter apprehend any more priests . the said newton apprehended henry gifford , a dangerous iesuit , and brought him before iustice griffith , where he was tendred the oath of supremacy and allegiance ; whereupon the said iesuite replyed and said these words : i wish to god , that all those who made the oathes of allegiance and supremacie , that their tongues were seered in their mouthes , and all those that gave consent thereto . whereupon the said iustice told him , that the king , the lords , and commons had made these oathes , and committed him to prison . the next day following , the iustice and newton were intreated to come to secretary windebank to speak with him concerning the iesuit ; which they doing , windebank said to newton , is this a priest or a iesuit ? newton answered and said , if he be not a priest , he is worse than a priest ; and told him the aforesaid dangerous words . then said windebanke to the iesuit ( be being brought before him by windebankes direction ) i will not baile you for a world ; and sent him to prison . but notwithstanding , that night or the next day , he set him at liberty , without giving newton his fees. newton and cook apprehended one fit-iames , an arch-spie for rome , and brought him before windebank ; yet drew lovet an arch-papist wrought so with him , that he took lovets word for his appearance before him , and discharged newton of him . about foure dayes after windebank told newton that iames had given him good satisfaction concerning him . afterwards iames being arrested upon a bill of middlesex , at the suit of one lincoln , upon a debt of 200. l. and put into the gatehouse , windebanke thereupon hearing of his arrest ( and solicited by lloyd alias smith , the forenamed grand iesuit , and lovet the papist ) sent for newton , and gave him a warrant to take the plaintife lincoln and the bailiffe , for arresting iames ; who did apprehend and bring them before windebanke . he thereupon sent for the prisoner iames to be brought before him , who being brought , he delivered him to newton , and said , this is your prisoner , for the king shall be served before you , meaning the plaintife . newton answered , may it please your honour , you have discharged him from me these 6. daies agone , and i have nothing to do with him . windebanke replyed and said , that is all one , you shall take him . and if the plaintif be not contented therewith , i will lay him by the heeles . whereupon he was delivered to newton . but immediately upon the plaintifs going away , windebanke caused newton to deliver him the prisoner , and then windebanke delivered the prisoner to lovet , and bid him shift for himselfe . upon which the plaintif lost his debt , and lay in prison for the monies . moreover , the said windebanke at sundry times threatned cooke , that if ever he did go with newton or any other to shew them any priests , he would lay cook in prison ; and that he would take a course that he should never come out . and also said , that he would have cook whipt about the streets ; and caused cook to fall downe upon his knees to ask forgivenesse for what he had done formerly against iesuits and priests , having made a mittinius to send him to the gate-house , which he would not revoke , unlesse he would make such submission . witnessed by vs fran. newton . thomas mayo . james wadsworth . john cooke . to this i shall adde two relations more . during my imprisonment in the tower of london , captaine francis conesby surveyer of the ordnance , went one morning about the yeare 1633. to the new prison to visit one william drury a priest ( who had formerly brought him a letter from a speciall friend in the low countries being then a prisoner there ; comming into the prison and inquiring for his chamber , he was brought into a large hall , with sundry partitions on one side ( like drinking roomes in an alchouse or tavern ) and a curtain drawn before each of them ; where he saw some walking , others sitting in the hall ; who informed him that drury in one of those roomes : and going in order from one of them to the other , he found a priest and a woman privately together at confession in every one of them , and drury with a very handsome chambermaide well clad in the uppermost of them . with whom having some conference about halfe an houre in his chamber , as he was returning backe through the hall , hee found a priest there saying masse , and the iaylor himselfe with a censor persuming the roome , and censing the same , ( at they use in popish masses ) and so many people , men and women , kneeling downe in the hall , that hee could hardly passe by . at which strange sight he was much amazed , and not long after being in my company , upon a discourse concerning the increase of popery , and favour shewed to priests , hee related this story to me with much regrect , avouching the truth thereof upon his credit . since the sitting of this parliament , by the houses speciall direction there were severall priests arraigned and condemned at newgate much against his majesties will , who notwithstanding both houses earnest request to the contrary reprieved them from execution ; and after many messages was hardly drawne to condescend to revoke this reprive , and yeeld them up to publike justice : which being granted , the parliament out of their lenity spared the lives of some of them , who remaine still prisoners in newgate ; where they have gained so much favour and so far corrupted the keepers , that even since the covenant and protestation taken , they have had masses publikely in their chambers , of which information being given , and a warrant made to master newton to search their chambers , during the very last sessions but one at newgate , who searching peter milfords chamber ( being the most active dangerous seducer of all the rest ) found about masse time an altar ready furnished in his chamber , foure severall suites of massing vestments , with sundry crucifixes , agnus deies , reliques , masse-bookes , and other such romish trinkets , ( all delivered to the late lord mayors custodie ) with no lesse then eleven persons at masse , five of them prisoners in the house , and the other sixe strangers ; of which grosse abuse and intollerable connivance at condemned traytors ( under the very parliaments and courts of sessions noses , in these dangerous times , even since the covenant and protestation taken ) information was given , and complaint made in open court , at the sessions in the old bayly , by master newton in my hearing , and thereupon order given ( if observed ) to prevent such licentious abuses for the future , deserving the severast censures for the present . i shall adde one most remarkeable occurrent more , done in one of the highest courts of publike iustice , in the kings owne name , by his speciall command , in favour of a great convicted popish recusant ( now in armes against the parliament ) in derogation of his owne royall iustice and interest . hill. 130 caroli b. r. a writ of error was brought by the kings attorney , in the kings owne name , to quashan indictment of recufancie against the marquesse of winchester , ( whiles lord seint iohn in the life of his father ) upon the statute of 3. iacobi . cap. 4. for not repairing to church , &c. which indictment was found before the iustices of assise , almost 20. yeeres before this writ was brought . now because this statu●e expressely enacts ; that the indictment shall not be reversed , avoyded or discharged by reason of any default , informe , or for lacke of forme , or other defect whatsoever , other then by direct traverse to the point of not comming to church , or not receiving the sacrament of the lords supper , but shall stand in force and be proceeded upon , any such default informe , or other ●efect what soeuer notwithstanding ; unlesse the party indicted first conform ; himselfe : hereupon ( to evade this wholesome law , and doe this grand recusant an extraordinary royall favour , transcending all parallels whatsoever ) the king himselfe ( the recusant marquesse being thus disabled by this law ) brought a writ of error in the kings bench to reverse this ancient indictment ( upon which the marquesse was outlawed ) and his attorney generall ( sir iohn bankes ) assigned severall errors to reverse the kings owne suite and proceedings against this grand papist , who had no meanes to avoyd it . and because that learned , stout , upright iudge ; sir george crooke , did often declare his opinion in court ; that the king could not bring a writ of errour to reverse his owne iudgement given for him ; that it was both a dammage and dishonour to the king , and a meere deluding of this statute to admit of such an unheard of writ as this : the attorney generall , averred in open court ; that the writ was brovght by speciall warrant and command of the king . whereupon afterwards in trin●ty terme 14 carol● ; the indictment was quashed by iudge bramston , iones and berkely upon this writ , much against the good will and opinion of iudge crooke : and that upon these two ●rivolous errours . first , because the iudgement was that the marquesse , forisfiat 20● . where it ought to be forisfaciat . secondly , because that in the entry of the iudgement this word , capiatur , was omitted . and iudge ioanes said ; that for want of addition or other errour in sait the king shall not reverse an indictment on this act , but otherwise it was of an error in law. but i feare the greatest error in this case , was in the king and these iudges in opening such an illegall gap for popish recusants wholy to evade this law , penned with as much care and judgement as possible upon the horrid popish plot of the gunpowder treason , which would have blowne up this parliament . the record of this notorious case , and the iudgement given upon it , is extant in the crowne office. in few words : the papists have lately gained such an high opinion in his majesties judgement and affections ; that he not onely ●tiles them , his loyall , dutifull , trusty and wel-beloved subjects , in all his forementioned letters of grace ; but even now principally relies upon their forces & contributions ; * as his best and faithfullest subjects and guard ; insomuch that divers of our prelaticall clergy have cryed them up in their pulpits ( as well at the king and others in court ) for his majesties best and most bountifull leiges , witnesse the speech of iohn wells parson or shimplin in suffolke , sequestred by the parliament , who affirmed , that the papists were the kings best svbiects . and of iohn squire vicar of shorditch ; ( who in his last printed sermons stiles himself iohn squire priest ) sequestred , for that he hath publikely preached in his sermons that the papists are the kings best subiects , for their lo●alty and for their liberality , many of them like arauna , having given like kings to the king : and for their patience , that enduring very many grievances under his majestie ; they had buried them all in oblivion : exhorting that none should come to the sacrament , unlesse they were so affected to his maiestie as the papists were . and comparing his majestie to the man that went from hierusalem to ieriche , who fell among theeves , that wounded him in his honour , robbed him of his castles , and hearts of his people : he said , that the priest passing by was the protestant : the forward professor , the levite ; but , the papist was the good samaritan : especially the irish papist : and that the subjects and all they have are at the kings command . from all these premises ; compared with the plot and conspiracy of the pop● . jesuites , papists of all sorts against our religion , discovered in romes master-peece : the rise and progresse of the irish rebellion : the articles of pacification made with the irish rebels there , stiled neither rebels nor traytors , but his majesties * good roman catholicke subiects ; authorised by commissions from his majesty under the great seale , now at last ( if not at first ) to take up armes against all protestants who shall not submit to this strange pacification there , after the bloody slaughter , and butchery of above an hundred and forty thousand innocent protestant ( whose blood must passe altogether unrevenged by the hands of royall publick justice ; ) and by speciall commissions ( as we are most certainely informed , a very probable argument they had not onely pretended but reall commissions from the king at first for what they acted against the protestants in ireland ) are now sent for over into england ( where thousands of them are lately arrived and more daily expected ) to sight against the parliament , and massacre english protestants in their owne countrey , as freely as they did in ireland : his majestie making base irish monies currant in england by speciall proclamation , in favour of the irish rebels , to be transported and made current good subjects here , to murther us : the late intercepted bull , with other papers and commissions newly intercepted , and ordered to be forthwith published in print . by all these our whole 3. kingdomes if not the very blindest , and most incredulous malignants ( unlesse given over to a reprobate sence ) must of necessity now see and acknowledge that there is and hath bin all his majesties reigne till this instant , a most strong cunning desperate confederacie prosecuted , ( wherin the queens majestie hath bin cheife ) to set up popery in perfection and extirpate the protestant party & religion in all his majesties dominions , which plot now visibly appeares above ground , and is almost ripened to perfection , unlesse gods owne almighty power , and our unanimous , vigilant , strenu●us opposition , prevent its finall accomplishment . for my owne particular , i many yeeres since through gods goodnesse to me ) by many infallible symptomes clearely discovered , and to my power publikely detected , oppugned this prevalent growing confederacie in sundry printed bookes ; especially in my perpetuity of a regenerate mans estate , anti-arminianisme , dr. cosens his cozening devotions ; lame giles his ●altings ; the vubishoping of timothy and titus ; the antipathy of the english prelacy to unity and minarchy ; a looking-glasse for lordly prelates ; but especially in my quench coale , written in the tower of london ; for which good publicke service what a strange ingrate requitall i received , from the pretended fathers of our church , and defendors of our faith , is too well knowne to the world . during my imprisonment in the tower , i met with some more speciall passages in popish writers , which much confirmed me in the reality of this conspiracie against our religion , and to re-establish popery ; which because then unobvious and unknown to most , i had an intention to have published , as i could gaine oportunity ; but my close imprisonment there , and exile into wales and iersie , prevented this designe . wherefore i shall for a close of this narration ; present you now , with what i then intended . the first was these ensuing letters of the pope to the king ( when prince of wales and in spaine ) and of the king to the pope , in answer thereof , recorded by andrew de chesue , chronographer to the king of france , in his history of england , scotland , and ireland , l. 22. f. 1162. printed at paris cum privilegio , the last edition , p. 509. 510 , &c. and in the french mercury , tom. 9 : which letters and articles of the spanish match , layd the foundation stone of all his majesties ensuing favours to romish recusants , priests , iesuites , and most punctually discover his good affection and inclination to the roman party , if not to that religion , ever since manifested towards them , and abundantly detected by the premises , i shall here insert the same as i finde them lately printed in french and english , by others . the popes letter to the king , when prince of wales and in spaine . most noble prince , salutation and light of the divine grace : forasmuch as great brittaine , hath alwayes beene fruitfull in vertues , and in men of great worth , having filled the one and the other world with the glory of her renoune ; she doth also very often draw the thoughts of the holy apostolicall chaire , to the consideration of her praises . and indeede the church was but then in her infancie , when the king of kings did chuse her for his inheritance , and so affectionately , that we beleeve , the roman eagles have hardly outpassed the banner of the crosse. besides that many of her kings instructed in the knowledge of the true salvation , have preferred the crosse before the royall scepter and the discipline of religion before covetcousnesse , leaving examples of piety to other nations , and to the ages yet ●o come . so that having merited the principalities and first places of blessednesse in heaven , they have obtained on earth the triumphant ornaments of true holines . and although now the state of the english church is altered , we see neverthelesse the court of great brittain , adorned and furnished with morall vertues which might serve to support the charity that we beare unto her , and be an ornament to the name of christianity , if withall she could have for her defence and protection the orthodox and catholike truth . therefore by how much the more the glory of your most noble father , and the apprehension of your royall inclination , delights us , with so much more zeale , we desire that the gates of the kingdome of heaven might be opened unto you , and that you might purchase to your selfe the love of the universall church . moreover it being certaine that gregory the great , of most blessed memory , hath introduced to the english people , and taught to their kings the law of the gospell , and the respect of apostolicall authority : we , as inferiour to him , in holinesse and vertue , but equall in name and degree of dignity , it is very reasonable that we following his blessed footesteps , should indeavour the salvation of those provinces , especially at this time , when your designe ( most noble prince ) elevates us to the hope of an extraordinary advantage : therefore as you have directed your journey to spaine , towards the catholicke king , with desire to allie your self to the house of austria , we do much commend your designe , and indeed doe testifie openly in this present businesse , that you are he that takes the principall care of our prelacy . for seeing that you desire to take in marriage the daughter of spaine : from thence we may easily conjecture that the ancient seedes of christian piety , which have so happily flourished in the hearts of the kings of great brittaine may ( god prospering them ) revive againe in your soule . and indeed it is not to be beleeved that the same man should love such an alliance , that hates the catholique religion , and should take delight to oppresse the holy chaire . to that purpose we have commanded to make continually most humble prayers to the father of lights , that he would be pleased to put you as a faire flower of christendome , and the onely hope of great brittain , in possession of that most noble heritage , that your ancestors have purchased for you , to defend the authority of the soveraign high priest ; and to fight against the monsters of heresie . remember the dayes of old , enquire of your fathers , and they will tell you the way that leads to heaven ; and what way the temporall princes have taken to attaine to the everlasting kingdome . behold the ga●es of heaven opened , the most holy kings of england , who came from england to rome accompanied with angels did come to honour and doe homage to the lord of lords , and to the prince of the apostles in the apostolicall chaire : their actions & their examples being as so many voyces of god , speaking and exhorting you to follow the course of the lives of those to whose empire you shall one day attaine . is it possible that you can suffer that the heretiques should hold them for impious , and condemne those that the ●aith of the church restifies to reigne in the heavens with iesus christ , and have command and authority over all principallities and empires of the earth ? behold how they tender you the hand of this truely happy inheritance , to conduct you safe and sound to the court of the catholique king , and who desire to bring you back againe into the lap of the roman church : beseeching with unpeakeable sighs and groares the god of all mercy for your salvation , and do stretch out to you the armes of the apostolicall charity , to imbrace you with all christian affection you that are her desired sonne , in shewing you the happie hope of the kingdome of heaven . and indeed you cannot give a greater consolatiō to al the people of the christian estates , then to put the prince of the apostles in possessiō of your most noble island , whose authority hath bin held so long in the kingdome of brittain , for the defence of kingdomes , and for a devine oracle ; which will easily arrive , and that without difficulty , if you open your heart to the lord that knocks , upon which depends at the happinesse of that kingdom . it is of our great charity that we cherish the praises of the royall name ; and that which makes us desire that you and your royall father might be stiled with the names of deliverers , and restorers of the ancient and paternall religion of great britaine , which we hope for , trusting in the goodnesse of god , in whose hands are the hearts of kings , and who causeth the people of the earth to receive healing , to whom we will alwaies labour with all our power to render you gracious and favourable ; in the interim take notice by these letters of the care of our charity , which is none other than to procure your happinesse ; and it will never grieveus to have written them , if the reading of them stir but the least spark of the catholique faith , in the heart of so great a prince , whom we wish to be filled with long continuance of joy , and flourishing in the glory of all vertues . given at rome in the pallace of s. peter the 20. of aprill , 1623. in the third yeare of our popedome . tres-noble prince , salut & lumiere de la grace divine : com●e ainsi soit que la grand ' bretagne ait tousiours este abondante en vertus , & en personna● ges de grand merite & ait remply l' vn & l' autre monde de lo gloire de sa renomme , elle attrire aussi tres souentles pensees du saint siege apostolique a la consideration de ses louanges . et de fait l' eglise ue faisoit encore que naistre , quand le roy des roys la v●●lut chosir pour son heritage , & si affectionnement , qu' on tient qu' à peine les aigles romoins yont plustost passe que l' ostendart de la croix . ioint que plusieurs de ses roys instruits en la cognoisance du vray salut ont prefere la croix au sceptre royal , & la discipline de la religion a la conuotise : laissants des exemples de piete aux nations estrangeres & aux siceles futurs . si bien qu ayans merite dans le cie'les principa●tez , & preeminences de la beat it udine , ils ont obtenu en terre d●s ●rnaments triomphaux de vraye saintete . et ores qu a●iourd huyl estat de l' eglise anglicane soit alters , nous voyons neant , m●ins la cou●t de la grand bretagne estre ornee & munle de vertus morales , qui servir●ient de consolation à la charitè que nous luy portous & a● ornement au nom chrestien , si con●oinct ement elle pouuost aucir pour sa defence & protection la verit● orthodoxe & vniuerselle . c●est pourquoyd ' autast plus quels gloire de vostre s●reniss●me pere , & le ressentiment de vostre royal naturel , nous delectent , de tant plus grande ardeur resirons nos que les portes du roiaume celestes vous soyent ouuertes , & que vous veus acqueriez l' a●our de l' eglise vniverselle . d' ailleurs estant vray que gregoire le grand de tres-sainte memoire a introduit aux puples d' angleterre , & enseignè a leurs rois la loy de l' euangile , & le respect de l' auctorit● apostolique : nous comme inferieurs , a luy en sainte tè & vertu , & pareils en nom & degrè de dignitè , il est bien raisonnable , que suiuans ses saints vestiges nous procurions le salut de ces povinces , ●ommèment aujourd ' huy que vostre heureux dessein ( tres noble prince ) nous eslue â l' esperance ● vn bonheur extra ordinaire . partant , comme vous vous estes acheminè el espagne versla personne du roy catholique , auec desir de vous allier á la maison d' austriche , nous auons bien voululoüer vestre dessein , voire mesme tesmoigner ouuertement en l' affaire qui se presente , que vous estes celuy que regarde le principal soin de nostre prelature . car ainsi estant que vous desirez prendre en marriage vne fille d' espagne , de là pouuors-nous aisement conjecturer , que ces auciennes sem●nces de la piete chris●ienne , lesquelles ont sy heureusement fleury dans les coeurs des rois de la grand bretagne , peuvent ( dieu leur donnant accroissement ) reuerdir en vostre ame , et de fait il ne seroit pas croyable que celuy-lá aimast vne telle alliance , lequel hayroit la religion catholique , & se plaroit â opprimer de saint siege . nous auons en suitte de ce commandè de faire continuellement de tres-humbles prieres au pere des lumieres , â ce qu'il luy plaise de vous mettre comme une belle fleurdis christia●isme , & vnique esperance ae la grand ' bretagne , en possession de ce tres noble heritage , que vos ancestres vous ont acquis à deffendre l' ancteritè du souuerain pontife , & à combattre les monstres de l' heresie . sounenezvous des iours anciens , enquerez-vous de vos peres , & ils vous diront par quille voye l' on va an ciel , & quel chemin ont tenu les princes temporels pour per paruenir au royaume eternel . voyez les portes du ciel ouuertes , ces tres saincts roys d' angleterre , qui partans d' angleterre pour ventr à rome accompagnez d●s anges sont venus honerer & faire hommage au se●gneur des seigneurs , & a● prince des apostris en la chaire apostolique leurs oeuures & leurs exemples sont a●tant ae voix de dieu qui parlent ; & qui uous exhortent á ce qu● ayez á su●ure la facon de viure de eux à l' empire des quels vous parviendrez n●iour . est-●l possibile que vous puissiez souffrir , que les herestiques tiennent pour impies , & condamnent ceux que la soy ●e l' eglise tesmoigne regner dant le ciel auec iesus . christ , & avoir commandement & anctoritè sur toutes les principautsz & empires de la terre voilà qu' ●●s vous tendent la main d● ceste bi●nheu●euse patrie , pour vous conduire sai● & sauf a la cour du roy catholique , & quide siront vous 〈◊〉 given de l' eglise romaine : laquelle suppliant auec gemissements inenarrables le dieu de toute misericorde pour vostre salut , vous tend les bras de la charite apostolique pour veus embrasser anec toute affection christienne , vous qui estes son desire fils , en vous monstrant l' esperance bien houre●se d● 〈◊〉 des 〈◊〉 . pour uray vous ne 〈◊〉 donner plu● grande consolation a tous les peuples de l' estat chrestien que de mettre en possession de uestre tres-noble ist●le prince des apostres , l' auctorite duq●●la este 〈◊〉 long temps en vostre royaume de la gran● bretagne pour la defense des roya●mes , & por oracle de la divinite . ce qui arrivera sans difficulte , si vous ouurez vostre eoeur au sergneur qui frappe , 〈◊〉 gift toutle bon-heur de ce royaume . c'est de ceste si grand chari●e , que 〈◊〉 fauorisous les loüanges du nom royal , & qui nous fait desirer que vous & ●ostre serinissime pere soyez qualifiez du 〈◊〉 de liberateurs & restaurateurs de l' ancienne & paternelle religion de la grand bretagne . ce quenous esperors , nons cenfians en labonte de dieu es mains duquel sont les ceurs des roys , & qui f●it que les peuples de la t●rr● puissent 〈◊〉 guarison , lequell nous tascherons tonsiours de tout nostre ponuoir non 〈…〉 & favourable . cependant recognoissez ces lettres le soing nostre charite qui ●est autre chose que pour procurer uostre honhour : & iamais il ne nou● fe●a mal de les ●●●●escrites s● la lecture d'●icelles vient au moins à exciter quelque petite flamniesche de la foy catholique dans le coeurd ' unsi grand prince , l●quel nous desirons estre camble a une ioye de longue duree , & flerissant en la gloire de toutes nertus . donnè à rome au palais de saint piere le xx . iour d' aurill 1623. l' an troisiesme de nostre pontificat . pope gregory the 〈◊〉 having writ the foregoing letter to the prince of wales , it was presented to him by the nuncio of his holinesse in spain , he being accompanied with the italian lords that then were in the court. the prince of wales having received this letter , made this following answer , which was after published . most holy father , i received the dispatch from your holinesse with great content , and with that respect which the pietie and c●re wherewith your holinesse writes , doth require : it was an unspeakeable pleasure to me to reade the generous exploits of the kings my predecessours , in whose memory , posterity hath not given those praises and elogies of honour , as were due to them : i doe beleeue that your holinesse hath set their examples before my eyes , [ toth' end that i might imitate them in all my actions , for in truth they haue often exposed their estates and lives for the exaltation of the holy chaire ; ] and the courage with which they have assaulted the enemies of the erosse of iesus christ , hath not been lesle than the care and thought which i have , to the end that the peace and intelligence which hath hitherto beene wanting in christendome , might be bound with as true and strong c●n●ord : for as the common enemie of the peace , watcheth alwayes to put hatred and dissention amongst christian princes , so i beleeve that the glory of god requires that we should indeavour to unite them ; and i do not esteeme it a greater honour to be discended from so great princes , than to imitate them in the zeale of their piety . in which it helpes me very much to have knowne the minde and will , of our th●ce hououred lord and father , and the holy intentions of his catholike maiestie to giue a happie concurrence to ●o laudable a designe : for it grieves him extreamely to see the great evils that grow from the devision of christian princes , which the wisedom of your holines foresaw , when it iudged the marriage which you pleased to design , between the insanta of spain & myself , to be necessary to procure so great a good ; for 't is very certaine , that i shall neuer be so extreamely affectionate to any thing in the world , as to endeauour allyance with a prince that hath the same apprehension of the true religion with myselfe : therefore , i intreat your holinesse to beléeve , that i haue béen alwaies very far * from incouraging nouelties , or to be a partisan of any * faction against the catholick , apostolike roman religion : but on the contrary , i haue sought all occasions to take away the suspition that might rest upon me , and that i will imploy my selfe for the time to come , to haue but one * religion and one faith , séeing that we all beléeue in one iesus christ. hauing resolued in my selfe , to spare nothing that i haue in the world , and to * suffer all manner of discommodities , euen to the hazarding of my estate and life , for a thing so pleasing unto god : it rests onely that i thanke your holinesse , for the permission you have been pleased to afford me , and i pray god to give you a blessed health and his glory , after so much paines which your holinesse takes in his church , signed , charles stevvard . le prince de galles ayant receu cel lettres , il fist la responce suivante , quy fut publiee vn peu apres . tres-saint pere , i ay receu la depe sche de vostre saintetè auec un ' grand contentment dans le respect que demandent la pieté & la bienueillance , auec lesquelles uostre santètè l'a escrice . ce quin ' a estè un plaisir indicible de lire les exploits genereux des roys mes predecesseurs , à la memoire desquels la posteritè n'a point donnè les elogesd ' honneur qui leur sont deubs . ie veux croire que vostre saintetè a mis leur exemple deuant m●s yeux , afin que is les imitasse en toutes mes actions . car à la uerite ils ont exposè souuent leur estat & leurs vies pour l' exaltation du saint siege . de sorte que le courage auec lequell ils ant assailly les ennemis de la croix de iesus-christ , n'a pas esté moindre que le soucy & la penses que ●ay , afin que la paix & l● intelligence , qui ont manque iusques à present dans la chrestiente soient estraintes 〈◊〉 liend une ueritabile concorde . car de mesme que l' ennemy common de la paix ueille tousiours pour mettre la h●yne & dissensi●n parmy les princes chrestiens , aussi ie croy que la gloire de dieu demande qu' or tasche de les unir . et●ie ● estime pas que i' aye un plus grand houneur d' estre d●scendu de fi grands princes , que de les imiter da●s le zele de lour piete . en quoy : 〈◊〉 sert grandement à auoir recognu● la volonte de nostre tres honore seigneur & pere . & les saintes intentions de sa majeste catholique , pour faire● reussi h●urensement ce ●●●able dessein , parce qu' elle a un extreme regret de uoir les grands mal beurs qui naissent de la division des princes chresti●ns . ce que la prudence de vestre sancte●e a preuein , lors qu' elle a juge que le marriage qu' il luy plaist desseign● entre l' infante a' espagne & may , est necessaire pour procurer vn si grand bien● pur ce qu● il est tout certain , que ie ne me porteray iamais si passionement a chose de monde qu' à la recher●he de l' alliance d' un prince , qui aura le mesme sentiment de la vraye religion auec moy . c'est purquoy ie prie vostre saintete decroire que i' ay tousiours estè fort esloigne d' advantager les nouneautez , ni d' estre partisan d' aucune faction contre la religion catholique apostolique romaine : mais au contraire , que i' ay recherche les occasions , afin que le soupcon qui peut tomber sur moy soit entierement oste , & que is m' employe de tout mon reste pour n' auoir qu' vne religion , & qu' vne foy , puis que naus cryons tous ensemble en vne iesus-christ . ayant resolu de ne m' espargner point en chose du monde , & de souffrir toutes sortes d' incommoditez , mesme de hazarder m●n estat & mavie , pour vne occasion si agreable â dieu . il reste seulement q●e ei remercie vostre saintete de la permission qu' illuy a pleu de m' accorde , & que ie prie dieu qu il luy donne une beureuse sante , & sa gloire , aprestant de trauaux quae vostre saintete prend dans son eglise . signe , charles stovard this letter printed in spaine in many languages , discovers to us the very root of all our present warres , in which his majesty hath sustained many incommodities , hazarded both his estate , life , and realms ; fully resolves us what protection of the protestant religion we must now expect from himselfe ; and that armed catholick party to which he adheares , and more , he here resolves to suffer but one religion , ( to wit the roman catholike ) only in his realms intimating our reformed religion , to be but novelty and faction , against the roman catholike faith . i have seene a coppy of these letters in english , long since ; the kings letter ( who perchance writ two of this nature ) being some what different from the french in some expressions , though not in substance : now that such letters really pasted betweene the king and pope , during his abode in spaine , appeares not onely by divers ancient printed copies of it in sundry languages , but is also thus expressely attested by master iames howell , ( an attendant upon his majestie in that expedition ) no friend to parliaments , but a malignant now in custodie , in his vocall forrest , dedicated to the king himselfe , the queene , and prince , printed at london 1640. p. 128. the holy sire ( the pope ) who was so great a friend to the intended alliance ( who had formerly writ unto , and sent to visite prince rocalino ( charles ) was taken away by the hand of fate , &c. moreover his booke farther informeth us p. 124. that chenandra ( olivares ) the chiefe ingrosser of the olives ( the king of spaines ) favours , welcomming the prince into spaine , said ; that he doubted not but he came thither , to be of their religion . and p. 134. the common voyce among those of elaiana ( spaine ) was ; that prince rocalino ( charles ) came thither to make himselfe a christian. but that which is most observable is this passage concerning the articles in favour of papists agreed on , and sworne to by king iames , and his majestie , by the popes sollicitation upon the spanish treaty : p. 125. 126. 127. when rocalino ( prince charles ) arrived , matters were brought to that perfection by the strenuous negotiation of * sophronio , that there wanted nothing for the consummation of all things , but a dispensation from petropolis ( rome ) which at last * came : and before that time rocalino ( charl●s ) was not admitted to speake with the lady amira in quality of a sutor , but a prince . now the said dispensation came clogged with an unhappy unexpected clause , thrust in of purpose , as it appeares , to retard the proceedings of things ; which was ; * that whereas there were certaine articles condescended unto by druina's monarke ( king iames ) in fauour of the petropolitans ( papists ) that were in that kingdome , and other crownes under his dominion ; the great arch-flamin ( the pope ) demanded caution for the performance of them . the royall oake answered , that he could give no other caution then his word and oath : and recalino ( prince charles ) should doe the like , which should be confirmed by his councell of state and exemplified under druinas ( englands ) broad seale : but this would not satisfie , unlesse some * petropolitan soveraigne prince should ingage himselfe for them . hereupon all matters were like to goe off the hinges , and a buzze went abroad , that rocalino intended to get away covertly . in these traverses chenandra steps forth and said : there were three wayes to conclude this businesse , two good and one bad : the first good way was , that prince rocalino ( charles ) should become a petropolitan ( papist . ) the second was , that as elaiana ( spaine ) was obliged to him for his free comming thither , so she might as freely deliver to him the lady amira , trusting him without further condition . the ill way was , not to trust rocalino , at all with any thing , but binde him as fast as they could . whiles matters were thus a canvasing , and gathering ill blood ; elaianas ( spaines ) king stepped up , and proffered to engage himselfe by oath , for the satisfaction of the great arch flamine , but with this proviso , that he must first consult with his ghostly fathers , whether he might doe it salua conscientia or no. hereupon the businesse was referred to a committe of the learnedst yewes , ( bishops , divines ) and the state of the question was . whether the * oliue might with safety of conscence take an oath in behalfe of * druinas monarke and * rocalino , for performance of such and such articles that were agreed upon in fauour of the pepotrolitans , throughout the kingdomes of the * royall oake ? this assembly long demurr'd and dwelt upon the question , and after a long pr●●raction of time they concluded at last , affirmatively : and in case the oake failed to execute what was stipulated , the olive was to vindicate his oath , and right himselfe by the sword. * this difficulty being surmounted , there was exceeding great joy , and all the capitulations were interchangeably sworne unto , both by the oake and olive : and as chenandra said in elaiana ; so the * royall oake himselfe was so confident that he said ; all the devills in hell could not now breake the match : whereto a blunt facetious knight being by , answered ; that there was never a devill now left in hell , for they were all gone to spaine to helpe make up the match . by all these observable passages , dedicated so lately to the king himselfe , by one of his owne servants , who was privie to them ; it is apparent , that not onely letters passed betweene the king and pope whilst he continued in spaine : but likewise , that * articles in favour of papists throughout england and all his majesties dominions , even such as the pope himselfe approved , were at the popes request condescended unto by king iames , and caution offered and given to the pope for the performance of them , even by king iames , king charles , and the king of spaines regall words , seales , oathes : that these articles were to be confirmed by the privie councell of state , and exemplied under the great seale of england , and that the maine end the pope and papists aymed at in this spanish match , was the seducing of the king and realme to the romish religion , and reducing of them to their ancient vassallage to the sea of rome : which will bee more apparent if we adde to this , that hugh simple , a scottish iesuite , being in the court of spaine when the king was there , gave up divers petitions and advertisements to the king and councell of spaine , that they should not conclude any match with england , unlesse there should be erected in each vniversity under our kings dominions a colledge of iesuites , for the training up of youth in the roman faith and doctrine ; which advertisements he printed with his name subscribed , and delivered to his friends in court ; as iames wadsworth , then present● ( whose father was tutor to donna maria the spanish lady , and taught her english , ) hath published in his english spanish pilgrim . ch . 3. p. 30. 31. it is very observable , how king iames to make the better way for the popish spanish match , to comply with spaine , and expresse his favour and affection to those of the romish religion , sent this ensuing letter to the lord keeper williams , for the releasing of imprisoned recusants throughout england . trusty and welbeloved , we greete you well ; whereas we have given you a former warrant and direction for the making of two severall writs for the inlargement of such recusants as are in prison at this time , either for matters of recusancie in generall , or for denying the taking the oath of supremacie , according to the statute , by removing them from the generall goales of this kingdome , to be bailed before the iustices of our bench ; finding by experience that this course will be very troublesome to the poorer sort of recusants , and very chargeable unto vs , who out of our princely clemency , and by the mediation of forraigne princes were desired to beare out the same . we will and require you to make and issue forth two other writs , in nature and substance answerable with the former , to be directed to our iustices of assises , enabling and requiring them and every of them to inlarge such recusants , as they shall find in their severall goales , upon such sureties and recognisance , and other conditions , as they were enlarged by the iudges of our bench ; and this shall be your warrant so to doe . dated at westminster , iuly 25. 1622. hereupon this lord keeper ( though a bishop ) not onely issued out these writs , but likewise writ this letter to the iudges . after my hearty commendations to you : his majestie having resolved out of deepe reasons of state , and in expectation of like correspondence from forraigne princes to the professors of our religion ) to grant some grace and connivency to the imprisoned papists of this kingdome , hath commanded me to passe some writs under the broad seale for that purpose requiring the iudges of ●uery circuit to enlarge the said prisoners according to the tenor and effect of the same . ; i am to give you to understand ( for his majesty ) how his majesties royall pleasure is , that upon receit of these writs you shall make no nicenesse nor difficultie to extend this his princely favour to all such papists as you shall find prisoners in the goales of your circuits , for any church recusancy whatsoeuer , refusing the oath of supremacy , or dispersing popish bookes , or hearing saying of masse , or any other point of recusancie , which doth touch or concerne religion onely , and not matters of state , which shall appeare unto you to be totally civill and politicall ; and so ibid you heartily farewell . your loving friend iohn lincolne . westminster colledge august 2. 1622. by vertue of these writs and letters all the imprisoned recusants , and most seminary priests & iesuits were every where released who therupon grew very bold , insolent , and had open masses and se●mons in divers places , ( wherof that in black-friers on the 5. of their nouember , where so many of them were pressed to death , and drury his braines who then preached , beaten out with the sodaine miraculous fall of the roome where they assembled , is most memorable , ) in hope of the match with spaine , and of the publick toleration promised and resolved on ; as appeares by king iames his insuing speech at the councell table , upon his proposall of the spanish match to the lords of his privy councell . now because his majesties and his royall fathers intended popish match with spaine , and the proceedings thereupon , have beene the * originall fountaine , whence all the forementioned favours and suspentions of our lawes against papists priests , iesuits , together with the extraordinary increase of them and popery , if not our present warres , have proceeded , i shall give you a further true and reall account therof , out of the french mercury tome 9. printed in french at paris anno 1624. with speciall priviledge of king lewis the 13 th . where in all the particulars of the kings voyage into , his entertainment and proceedings in , and returne from spaine , with all the articles and passages touching that marriage , are most punctually and truely related . i shall present you onely with some things in it which are most considerable , and worthy our present publike knowledge . * count gondemar the king of spaines embassad or returning to his master into spaine in the yeare 1623. with propositions of a marriage to be made betweene charles ( now king ) then prince of wales , and the infanta mary second sister to the catholick king of spain , and the lord digby earle of bristol long before sent extraordinary embassador into spaine to pursue this marriage treaty ; the prince soone after accompanied with the duke of buckingham , the lord cottington , and endymion porter , departs unexpectedly and secretly ( with king iames his consent ) in disguised habits , from england , and posted through france into spain where he arrived at madrit ; and was there most royally entertained ; and all arts● used to engage him not onely to favour , but embrace the romish religion . among others * there was a most solemne procession instituted , wherein the king of spaine , and most of his nobles bare a part ; and the prince with his followers being placed in a balconee where the procession passed : they all made very great humiliations and genuflections when the holy sacr●ment passed by . pope gregory the 15. likewise writ a solemne letter to the prince ( the same verbatim with that ●orecited , recorded likewise in this * mercury ) which was brought and delivered to him by the popes nuncio with great solemnity , accompanied with all the italian lords then about the court , and divers spanish dons : whom the prince received with grand courtesie , respect and honour : to which letter the prince returned the forementioned answer . this letter of the pope written in latin , together with the princes answer to it , was presently printed in divers languages , and the articles propounded by the king of england , were soon after sent by the king of spain to the pope to receive his approbation of them ere they were accorded . the pope hereupon adviseth with the cardinalls of his conclave , for the propagation of the roman catholick religion , about these articles ; to some of which he intirely condescended without any alteration ; some of them he alters onely in part , and returnes them back with his answers to , and alterations of every of them , written under each particular article ; which alterations being sent to king iames he condescended to most of them in direct termes , to all of them in substance ; ( which articles , with the popes owne answers to , and emendations of them , over tedious to insert , you may read in this * french mercury . ) most of the articles were in favour and advancement of popery and papists ; and the same almost verbatim , with the ensuing articles of the french match , ratified likewise by the pope . * but the cardinals of the propagation of the faith , not contented with these generall articles , which tended principally for the assurance onely of the religion of the infanta and her family , perswaded the pope to grant no dispensation for this marriage , till they had proposed to the king of great britain , certain propositions for the right , augmen●ation , and weale of the roman catholicke religion , to which he must condescend ; for the performance of both which articles , the king of spaine demanded not onely the kings and princes oathes , and confirmations under the great seale of england , which were accordingly given , but an act of parliament , and certaine cautionary townes in england when the marriage was accomplished ; the first whereof ( if not both ) were promised . whiles this match was in agitation king iames assembled his privie councell together 25. of febr. 1623. before the princes departure into spaine , and there made a long oration to them , as the french mercury ( never controlled ) attests , some passages whereof are very observable . that soone after he came to the crowne of england , by the popes exhortatory letters to the king of spaine , and arch-duke albertus in flanders , there ensued a peace betweene the crownes of england and spaine . * that shortly after at the instance of many , he caused the image of the crosse to be redressed , and that men should not foule it under their seete . that when he came first to the crowne of england he spake among other points of the apostolicke and roman religion ; and although it were the true , yet then to avoyd all sorts of rumors , which might then have risen to the prejudice of peace in the re-publicke : i said , that in this religion were many superfluous ceremonies , the which deserved to be refused . at the same time many roman catholikes , our subjects and members of our realme , presented us their requests , by which they ●arnestly beseeched us to grant them the liberty of their conscience , upon the hopes they had to be so much the more comforted under our raigne , as they had beene dppressed under the raigne of queene elizabeth . but as it oft times happens , that those who ardently desire any thing , imagine with themselves , that it is very easie to doe , or to be obtained , and oftentimes prove the contrary : so all the catholikes who hoped to be releeved by us , and to be disingaged of great and intollerable surcharges which haue beene imposed upon their goods , bodies and soules , during the reigne of the said elizabeth , requiring onely of our royall benevolence to be remitted to the enjoyment of their goods , honours , and estates , and to be maintained in the religion in which all our predecessours and kings of scotland have lived from donaldus , untill the time of our late beloved mother , who received martyrdome in this realme , for confession of the said catholicke religion . a religion which hath beene publikely professed so many ages in this realme of england , and which hath beene confirmed by so many great and excellent emperours , and hath beene so famous in all ecclesiasticall histories , by an infinite number of * martyrs , who have sealed it with their owne blood in their death , ) were then deceived of their hopes , by an apparent feare of certaine commotions which then might have ensued . so that in all our realmes , for the sole respect of my person , and not by reason of religion it selfe , ( so as many of the said catholikes have very well knowne ) there was no mutation or change at all had ; although they well k●ew there was in us a grand affection to the catholicke religion , in so much that they haue beleeued at rome , that wee haue * dissembled for to obtaine this crowne of england . but all this hath beene nothing else but the opinions of men , the which one might have discerned in almy comportments during my reigne , in not committing any offices , nor benefits to others , than to those which have beene formerly purveyed for , ( or appointed by the lawes , ) now after that our bounty hath opened the doore to our piety , and that wee have maturely considered all the penuries and calamities that the roman catholikes have suffered in the exercise of their religion ; seeing that they are of the number of * our faithfull subiects ; we have for this cause resolved to releeve them , for which reason after we have maturely consulted upon this businesse , we haue ordained and doe ordaine , and haue taken and doe take from henceforth all r●man catholikes being our subiects into our protection , permiting them the liberty and entire exercise of their religion , without using in their behalfe and ●●rt of inquisition , processe , or other criminall actions by which they may be grieued or molested from this day forwards , permitting them moreover to celebrate the masse , and all other divine seruices concerning their said religion . we will also that they shall be re●established and restored in all their estates , lands , fees and seigniories ; commanding our maiestrates and iustices in this behalfe to hold their hands , in such sort , that none of what quality or condition soever he be , for what cause soever it be , shall not attempt hereafter to grieue or molest the said catholikes , neither in publike nor in secret , in that which toucheth the liberty of the exercise of the said religion , upon paine of being reputed guilty of * high treason , and a dissurber of the peace , and of the repose of the country : such is our will and definitiue sentence . after which he justifies the lawfulnesse of the spanish match , notwithstanding the difference of religion , and danger of feminine seduction ; relates his resolution to proceede in it , with the reasons of it , prohibiting any under paine of severest censures , to speake against it . loe here ( writes this mercury ) the causes which moved his majestie of great britaine to seeke after the alliance of spaine by marriages , the which many in england , and especially the puritans or reformed , and those of the english confession adhearing to this sect , were no wayes well pleased with ; and cheifely , having understood , of the prince of wales his honourable entertainement at madrit , and of the articles of the marriage ; which were to be cxamined at rome . so the french mercury , which thus proceedes . hereupon two writings ran from hand to hand ; the one intituled ; a discourse of the archbishop of canterbury ( abbot ) to the king of great brittaine , and the other vox popul● : the latter produceth many excellent reasons in point of policie and religion against the popish match with spaine ( which you may peruse in the book it selfe , being common . ) the first condemnes his majesties toleration of the roman religion in his realmes , as being displeasing to god , an anguish and griefe to his best subjects professing the true reformed religion ; a great dishonour to himselfe who had publickely writ and disputed often against that religion , which he knew in his owne conscience to be false and superstitious . that his edicts and proclamations for the tolleration of it , could not be confirmed without a parliament ( which would never condescend thereunto ) unlesse he would openly shew to his subjects , that he intended to usurpe an absolute liberty , to infringe and null all lawes of the country : that it would produce many dangerous consequences , and bring the just iudgements of god both upon the whole realme in generall , and himselfe in particular . with all , it censures the ill advise of those who sent the prince into spaine without the generall consent of the realme , which by law had more interest in him , then the king his father &c. ( as you may reade in mercury . ) notwithstanding all these and * other contrary advises , this match went on so farre , that the generall articles of the match , with the popes alterations , were solemnely sealed and sworne to by the prince in spaine , and also by king iames in the chappell of whitehall iuly 20. 1624. the solemnity whereof you may reade at large in the * french mercury , together with the articles . at the taking of this oath in the chappell , there arose these two difficulties : the first about this title of the pope , most holy , which king iames refused to give to the pope , in the oath which he ought to pronounce in the chappell , alleaging the repugnancie thereof to his religion , and that this would be a reproach , and by consequence prejudiciall to him for the future . but the spanish embassadors refused to passe it over , if his majestie would not consent to give him the foresaid title ; to which in the end he consented . the second difficulty was , that some reported to the embassadors , that they should have such prayers in the kings chappell when they came to see the articles sealed and sworn to by the king , and such singing of psalmes as were used in the protestant church and kings chappell , at which prayers they could not be present since they came thither to no other end but to assure maintaine , and warrant the catholike apostolicall and roman church . whereupon the king commanded that nothing should be there sung , but what was sung when the constable of castile tooke his oath there , to sweare the peace between the two crownes , which was an hymne of joy , in praise of peace : and to out all scruple , the king caused the register of his chappell to carry the hymne to the embassadors to peruse , and so all difficulties were removed : the king yeelding to the popish ambassadors , to gratifie the pope in his anti-christian title ; but they not yeelding one haires breadth to him , in honour or approbation of our prayers , psalmes , or religion , which must give place to their catholicke pleasures . the articles being solemnely sworn in the forenoone ; the king made an extraordinary feast to the embassadors ; which ended , the king and they went to the councell-chamber , where all the lords of the councell sealed and subscribed the generall articles of the marriage . which done the embassadors came to the king , who took this solemne oath , and swore these private articles to them , in favour of papists and advancement of the romish religion : ( enough to amaze all protestant readers ) which i have faithfully translated out of the latine coppy printed in the french mercury . james by the grace of god of great brittain , &c. king ; defender of the faith , &c. to all to whom this present writing shall come , greeting : in as much as among many other things , which are contained within the treaty of marriage betweene our most deare sonne charles prince of wales , and the most renoun●d lady donna maria , sister of the most renowned prince , and our well beloved brother , phillip the fourth king of spaine it is agreed , that we by ovr oath shall approve and ratifie the articles under expressed to a word ; 1 that particvlar lawes made against roman catholikes , under which other vassals of our realmes are not compre●ended , and to whose observation all generally are not obliged ; and likewise generall laws under which all are equally comprised , so as they are such which are repugnant to the romish religion , shal not at any time hereafter by any means whatsoever , or case directly or indirectly , be commanded to be put in execution against the said romish catholikes : and we will cause that our councell shall take the same oath , as far as it pertaines to them and belongs to the execution , which by the hands of them or their ministers is to be exercised . 2 that no other lawes shall hereafter bee made anew against ●he said romish cathlikes , but that there shall bee a perpetuall soleration of the romish catholike religion within private houses , throughout all our realmes and dominiens : which we will have to bee understood as well of our kingdome of scotland and ireland , as in england ; which shall bee granted to them in manner and forme , as is capitulated , decreed , and granted in the articles of the treaty concerning the marriage . 3 that neither by us , nor by any other interposed persons whatsoever , directly or indirectly , privately or publikely , will we treat ( or attempt ) any thing with the most renouned lady infanta , donna maria , which shall bee repugnant to the catholike romish religion ; neither will we by any meanes perswade her , that she should ever renounce or relinguish the same in substance or forme ; or that she should do any thing repugnant or contrary to those things which are conteined in the treaty of matrimony . 4 that we will interpose our authority , and doe as much as in us shall lie , that the parliament shall approve , confirme , and ratifie , all and singular articles in fabour of the romish catholikes , caputilated between the most renouncd kings by reason of this marriage ; and that the said parliament shall reboke and abrogate the particular l●●ves made against the said romish catholikes , to whose observation also the rest of our subjects and vassals are not oblieged , as also the generall lawes , under which all are equally comprehended , to wit , as to the romish catholikes , if so be they be such , as is aforesaid , which are rep●gnant to the romish catholike religion , and that hereafter we will not consent , that the said parliament should ever at any time , make or write any other new lawes against romish catholikes . we accounting all and singular , the preceding articles ratified and acceptable , out of our certain knowledge , as farre as they concerne vs , our heires or successors , approve , ratifie , applaud , and promise bona fide , and in the word of a king by these presents , inviolably , firmely , well and faithfully to kéep , observe and fulfill the same , and to causs them to be kept , observed and fulfilled , without any exception or contradiction , and doe confirme the same by our oath upon the holy ●rangelists , notwithstanding any opinions , sentences , or laws whatsoever to the contrary ; in the presence of the most illustrious lords don iohn de mendoza , marquesse of inojosa , and don charles coloma , extraordinary embassadours of the catholike king ; of george calvert knight , one of our chiefe secretaries ; of edward comvay knight , another of our chiefe secretaries ; of francis cottington barronet , of the privie councell to our sonne the prince ; of francis de corondelet apostolicall ( or the popes ) prothonotary , and archdeacon of cambray ; dated at our palace at westminster the 20 day of iuly , anno domini , 1623. in the english stile . iacobvs rex . a compared and true copy . george calvert ( then chiefe secretary , who turned soone after , and died a professed papist . ) to these articles the prince of wales likewise sware , and signed them with his hand at madrit , in the same manner , as king iames did at westminster , as this * mercury assures us , and i presume , his majesties own conscience and followers can attest . before i proceed further , i shall desire thee , kinde reader , whosoever thou art , especially if an english , scotish , or irish protestant , to pause a while , and mo●● seriously to ponder these premised passages , articles , oaths , worthy thy most serious consideration , if not thy admiration ; and when thou hast so done , then let me propound these few queres to thee from them , & to the honourable house of parliament too . first , whether the heart of kings ( as well as of other persons ) be not unsearchable ; yea , deceitfull above all things , and desperately wicked ; so as no man can truly know or discerne it ? as prov. 23. 3. ier. 17. 9. resolve past all dispute . secondly , whether king iames were really so zealous a protestant , and anti-papist , as the ignorant world reputed him , especially in his declining age ? thirdly , whether those who have willingly without any compulsion , and ( for ought appeares ) cordially entred into such romish alliances , articles , covenants , oaths , can be ever sincerely affected to the protestant party or religion , or really opposite to popery or papists , notwithstanding all outward protestations , proclamations or flourishes to the contrary , to blinde the over credulous vulgar ; ignorant of the premises ? fourthly , whether his majesty having thus twice taken two solemn oathes at least , upon both his treaties of marriage with spaine and france , ( of which more anon ) to protect and maintaine to the utmost throughout his dominions , the roman catholikes , church and religion yea , to suspend and abrogate all lawes against them ; and that before ever he made any promise , or declaration at all to maintain the protestant religion ; whether he be not thereby now farre more deeply engaged by vertue of these oathes and articles to protect , favour , and defend the romish catholike faith , then the protestant ; and his romish catholike subjects in all his dominions , then his protestant lieges , having never entred into any such solemn articles , oathes and covenants ( unlesse lately in scotland much against his will , with which his holinesse of rome will easily dispence , being quite contrary to his primitive articles ) to defend and propagate the protestants , and protestant religion , as he hath done to defend popery and his popish subjects ? fifthly , whether all the premised letters of grace , protection , indulgences to priests , iesuites , and popish recusants , be not the reall results and effects of these oathes and articles , and of the ensuing articles and match with france ? as the french mercury , tom. 9. an. 1624. p. 28. 29. expresly resolves . sixthly , whether the true and reall designe of the pope , the realmes of spain and france , and all promoters of these matches , articles , were not to re-establish popery in its perfection , and extirpate the protestant religion throughout all his majesties realmes , by meanes and vertue of them , by degrees ? seventhly , whether his majesty doth not hold himselfe now bound in conscience by vertue of these oathes and articles , ( what ever his outward protestations and pretences be ) to side with his roman catholike subjects , both in england , ireland , scotland , and arm them against his protestant subjects and parliaments in all three kingdomes , of purpose to make good these his oathes and articles ; and to protect them against the due execution of all antient lawes already enacted , and all other new lawes and prosecutions now really intended against them in england , scotland , contrary to these his oathes and articles ? and whether this be not the very true , and proper cause of all his former and present wars , proclamations , declarations , remonstrances against the scots , the former , the present parliament ; yea , the very ground why he proclaimes them traytors , rebels , no parliamment , but a faction ? &c. why he brake up all the former parliaments since his raign by discontinuances , and endeavours to dissolve and cut off this by the sword of papists and atheists , against the very act of parliament so lately assented to by himselfe ? and whether upon this ground , he would not rather his parliament , his protestant subjects , kingdomes should now perish , then his catholikes subjects , or their religion suffer or miscarry , as he descernes they are like to doe if the parliament should prevaile of continue ? eightly , whether these oathes and articles bee not the reall ground of the late horrid irish conspiracy , massacre , rebellion , pacification . toleration , and his majesties connivance at , if not approbation of these horrid bloody execrable practises ? of the extraordinary favours lately indulged to those cursed barbarous rebels by his majesty , and his most gracious entertainement of them , not only into his royall favour , but court , army , and realme of england , as his securest life-guard ? ninthly , whether it be not then high time for the parliament , and all the protestants throughout his dominions to look about them , and enter into solemn protestations , covenants , engagements , mutually to defend themselves , their religion , lawes , liberties , lives , estates , when they are thus endangered by the popish party , and the king himselfe ( to omit the queen ) by oath and articles , is thus confederated with , and engaged to protect them , and their religion to the uttermost ? tenthly , whether these oathes and articles considered , it can possibly bee believed , that his majesty ever took up armes and joyned with papists to maintain the protestant religion ? or that if his majesty by force of armes should prevaile against the parliament or protestant party , there be , or can bee any probability or possibility ( in humane reason ) left us to believe or conceive , that the protestant subjects should ever freely enjoy the profession of their reformed religion , just rights , lawes , liberties , estates , or lives ; or papists be prohibited the free publike toleration and open practice of their antichristian-religion ? and whether then it will not inevitably follow by vertue of these oaths and articles , that all lawes whatsoever now in force against the pope , popery , papists , shall and must be presently repealed , even by a packed or forced parliament ; and a publike toleration at least of popery ( if not totall suppression of the protestant religion ) settled by parliament ; and all attempts to draw the queen , or any else from popery , be prohibited by oath to all protestants , under paine of high treason , without any restraint at all on papists , not to endeavour to seduce the king and all his subjects , by all the wayes and arts that may be ? this being the very purport of the premised letter , the spanish oath , articles , and of the french , here following . if any after the perusall of all these letters , articles , oathes , queres , will still be wilfully blinde or secure , let them be so at their own utmost perill ; and if they suffer , perish through their folly , let them thank themselves : i have freed my own soule , though theirs miscarry through their own sottishnesse or incredulity . this spanish match , after it had been in a manner fully concluded on all hands , unexpectedly breaking off in a moment , to the a exceeding dejection of the papists throughout all england : the kings marriage with the lady mary of france , ( of the same romish religion with the spanish amira ) was soon after concluded ; and that ( as is more then probable by the queenes bishops , priests , capuchines , with other such romane locusts , who accompanied her majesty hither , the entertainment of a popes nuncio from rome , and an agent at rome ; b and the subsequent favours , protections which the papists and priests in england , have ever since obtained from the king by her most prevalent mediation , as is manifest by the premised letters , warrants● ) upon the selfe-same articles in favour of the papists , as were assented to in the spanish nuptiall treaty : but that which puts it out of question , are the generall and private articles of agreement ( long since published in some french mercuries , printed at paris with royall priviledge , and passing from hand to hand in private english manuscripts among the most intelligent men : ) some of which articles i shall here annex , as i finde them in english manuscripts , agreeing with the french originall . ● that the above named the lords embassadours have promised , and doe promise for and on the behalfe of his majesty of great britaine , now reigning , that hee shall take to marriage , for his deare consort and wife , the lady henretta maria daughter of france , and sister to his foresaid most excellent majesty , in person , or otherwise by proxy , so soone as conveniently the same may be done ; and that also the foresaid lady at the good pleasure and consent of his foresaid christian majesty , and of the queen her mother , after his fores aid maiesty hath obtained a c dispensation from the pope , doth promise to take for her deare consort and husband , charles the first , king of great britaine , and according to the foresaid reciprocall promise , he shall be affianced and contracted after the manner accustomed in the catholike and romish chvrch . 7 it is likewise agreed upon , that the said lady and all her followers , as also the children which shall be borne to her officers , shall have free exercise of the catholike apostolicall and roman religion ; and to that end the foresaid lady shall have a chappell in each of the kings palaces , or houses , or in any other place of his majesty of great britaine , where she shall chance to come and continue ; and that the foresaid chappell shall bee adorned and d●●ked as it is fitting ; and that the keeping thereof shall be committed to whom it shall please the said lady to appoint ; in which the preaching of gods word , and the administration of the sacraments , the masse , and all other offices shall be freely and solemnly done , according to the use of the romish church ; yea , all indulgences and iubilees which the said lady shall obtaine or get from the pope , may bee done and executed there . there shall bee also one church-yard in the city of london , given and appointed to interre and bury such of her said ladiships followers , as shall chance to depart this life according to the manner and forme of the church of rome ; and that shall be modestly done : the which church-yard shall bee in such sort inclosed or walled about , that no person shall come therein to prophane the same . 8 it is also agreed upon , that the said lady shall have a bishop for her great almoner , who shall have all iurisdiction and necessary authority for all matters or causes concerning religion , and who shall proceed against the ecclesiasticall persons which shall be under his charge , according to the canons constituted and appointed . 9 and if it shall at any time happen that any secular court shall take any of the foresaid priests into their power , by reason of any crime or offence against the state by him committed or done , and do finde him to be guilty thereof , yet shall the said court send him back to the said bishop , with the informations which they find by him , because the said priest is priviledged from their power ; and the said bishop when he shall understand and know so much , shall degrade the said priest , and afterwards send him back unto the foresaid secular court to doe iustice upon him . and for all kind of other faults , the aforesaid priests shall be sent to the bishop , to the end that he may proceed against them according to the canons in that case provided , and in the absence or sicknesse of the said bishop , the priest which is by him appointed to bee his great vicar , shall have the same power and authority . 10 it is likewise agreed upon , that the said lady shall have 28 priests , or ecclesiasticall persons in her house , comprehending therein her almoner and chaplaines , to serve and keepe the foresaid chappell according as they are appointed , and if any of them bee a regular or canonicall person , living under more prescript rules then the rest , yet he may hold and keep his habit . a also the king of great brittaine , is by oath bovnd not to indeavour by any meanes at all to have his said qveene to renovnce the catholike apostolike and romish religion , nor compell her to doe any thing whatsoever that is contrary to the same religion . 11 the said queens house shall bee maintained with so much dignity , and with so great a number of officers as ever any had that was queen of england ; all the houshold servants which the said lady shall carry into england , shall be priests catholikes and french by birth , and chosen or appointed by his most christian majesty ; and if it happen that any of them die , or that the foresaid lady shall bee willing to change her said servants , then shee will take in their steeds other papists catholikes , french or english , alwayes provided that his majesty of great brittaine consent thereunto . 16 the children which shall by reason of the said inter-marriage , be born and live , shall bee nurst and brought up neere unto the said lady and queen , from the time of their birth , untill they come to the age of fourteene yeares . these articles with others , ( agreeing with the spanish and french printed copies ) were subscribed and signed by the earles of carlile and holland , embassadours and commissioners for king charles ; and by other french commissioners , and afterward signed and sworn to by king iames , the french king , and prince charles the 10 of november , 1624. and after king iames his death , new signed , subscribed by these embassadours , and sworn unto by both these kings , thurseday the eighth of may , 1625. besides these generall articles , there were ( as the b french mercury informes us ) these three particular ones condescended unto ; outre ces articles generalx , il y● eu , ceux trois de particuliers ; ( the same with those of spaine forementioned . ) le premier , touchant les catholiques , tant ecclesiastiques que seculiers , prisonniers depius le dit dernier edict , lesquels serroient tous mis en libertè . le second , à ce que les catholiques anglois ne serroint plus recherchez pour leur religion : et le troisiesme ; que ce qui se trouveroit en nature des biens saisis sur les catholiques tant ecclesiastiques que seculiers , depuis le dit dernier edict publi● contra eux , leur serroient restitues . the first touching the catholikes , as well ecclesiasticks as seculars , prisoners since the said last edict , the which shall be all set at liberty . the second to this effect , that the english catholiques shall be no more searched after ( or troubled ) for their relion : and the third , of this nature , that the goods seised upon the catholikes , as well ecclesiastiques as seculars , since the said edict published against them , shall be restored . upon these articles , oathes , proceedings of the king in these treaties of marriage with spaine and france , and his enter-marriage with the queen , ( a most sedulous promoter of the roman catholike religion ; ) these severall effects ensued . first , an extraordinary great multitude of most dangerous seducing seminary priests , iesuits , monks of all sorts , especially benedictines . nunnes and iesuitesses came flocking over into england , and other his majesties dominions , without any restraint or inhibition whatsoever , there being no lesse then 261 romish priests , monks , iesuites , ( besides popish physitians , apothecaries , and chirurgions ) constantly residing in and about london , in the yeare 1624. the catalogue of whose names you may read in iohn gee , ( a reclaimed english priest , by the fall of the massing-chamber in black-fryers , where he hardly escaped ) in his i oot out of the snare , edit . 4 london 1624. there being , as hee then manifested in this , book , at least foure times as many more priests and iesuits in other parts of england , and well-nigh 300 to his knowledge in one single county alone ; and above 60 english benedictine monks from doway , besides those sent from other places . secondly , there were many new colledges , monasteries , and seminaries erected in spaine , and other forraign parts for the training up of english , irish , and scottish priests , monks , iesuites . nunnes , to be sent over into his majesties dominions , to reduce england to the popish faith , and obedience of the sea of rome ; ( as you may read at large in iohn gee his foot out of the snare ; lewis owen , his running register ; iames wadsworth , his english spanish pilgrime , london 1629. pudesindus barlo , his ensuing letter ; the french mercury , tom. 8. 9. & 10. nich●le maistre , instauratio antiqui episcoporum principatus , and others , ) and new chappels built for masse , and a cell for capuchins here . thirdly , there were many private societies and monasteries of iesuites , monks , nunnes , secretly erected and maintained in england , but many more openly built , stocked , and professedly supported in ireland , as appeares by the remonstrance and petition of grievances touching religion , presented to the king by the lords and commons in parliament , 3. caroli : the late remonstrance of both houses , concerning the rise and progresse of the late irish rebellion , romes master-piece ; romes inquiry , &c. and other evidences here ensuing . fourthly , there was a new popish hierarchy erected , and bishops , arch-deacons , &c. created by the pope , both in england and ireland , to exercise all episcopall iurisdiction therein ; besides the queens bishop mentioned in the former articles ; as is evident by nich● le maistre his instauratio antiqui episcoporum principatus , and rudesindus barlo his letter recorded in it , by henry flood his letter from rome , to f. colleton arch-priest , alias arch-deacon of london , march. 27. 1623. with other letters recorded by iohn gee , in his foot out of the snare , p. 27. &c. the popes briefe , and romes inquiry : and the evidences hereafter cited . fifthly , all lawes and proceedings against popish priests and iesuits , were suspended by generall and speciall letters , warrants of grace and protection forementioned ; and before the kings marriage by letters sent to all parts by bishop williams lord keeper , in king iames his name , all priests and recusants then imprisoned for their religion were * released , upon pretence of procu●ing like favour , and liberty of conscience for the protestants in france , and other forraign parts : who soone after were generally persecuted every where in germany , france , and all their townes , forts , demolished in france by force of armes ; yea , many thousands of them massacred ; and rochel it selfe betrayed into their power , by our english ships , and the treachery of the popish and court party here . sixthly , there was a speciall society erected , not onely in rome , but likewise here in england , intitled , the congregation of propagating the faith , consisting of foure orders of most desperate active english and scotish iesuites , residing in london ; of which society , the pope himselfe was the head , and cardinall barbarino his chiefe substitute . and for the better advancement of this romish design , to undermine the protestant religion , and set up popery in all the kings dominions ; there was an agent sent from the king and queen to lie leager at rome ( one hamilton a scottish papist ) and a speciall nuncio sent over into england from the pope , to wit , one seigneour georgio con , a scot , who kept his residence here in london , and was president of this new erected congregation of iesuites ; which held a constant councell once or twice each week , had weekly dispatches to and from rome , yea , continuall free accesse to the king and his court , to seduce both the king and his people ; as you may read more at large in romes master-piece , the english pope , and the popes briefe . seventhly , all informers against priests , iesuites , papists , were discountenanced , menaced , and many of them imprisoned , by secretary windebanke their pentioner , who not only released sundry priests and iesuites by his warrants , ( as you heard before ) but even by word of mouth● prohibited the officers of iustice to apprehend them , and imprisoned one robert horward vnder-sheriffe of southampton , upon a pretence that he had proceeded against some popish recusants upon the kings writ directed to him to seise their lands , and goods , contrary to his letters of countermaund ( though its true he proceeded not ) till he enforced him by his popish secretary read , to enter into a bond of one hundred pounds to henry lord , a papist , never to prosecute popish recusants more , ere he would release him : all which was attested by horward and others in the commons house this parliament , as you may see in the iournall book of the house 11 , 12 , 20. novemb. and in mr. glynnes repo●●entred therein , 1 decemb. 1640. on the contrary , most of the painfull orthodox protestant ministers , gentlemen and others throughout the realme were disgraced , persecuted , silenced , fined , imprisoned , banished , and thousands of them enforced to flee the realme , by the tyrannicall unjust proceedings against them in the high-commission , starre-chamber , councell-chamber , bishops consistories , and visitation courts : the printing presses were also shut up against all books in refutation of popery , and opened to all impressions in defence or propagation thereof : popish doctrines , superstitions openly maintained , preached in our vniversities , cathedrals , diocesses , churches , chappels , ( especially at court ) lectures suppressed , and none but such as were popishly affected , advanced to bishoprikes , deaneries , ecclesiasticall preferments , or admitted into the ministery , by our * bishops . eightly , in pursuance of this design , his majesties greatest favourites , and those in highest authority under him , were all either actuall papists in profession , or well inclined to popery in affection , & altogether swayed by popish councels : witnesse the first grand favòurite , the duke of buckingham , who laid the foundation of the spanish and french marriage-treaties , articles , and was a chiefe actor in both ; swayed wholly by his iesuited mother , and dutchesse , professed papists , and their cabinet counsell of iesuites ; by whose treachery rochel was lost . the great lord treasurer weston steared by his popish countesse , kindred , sir toby mathews , sir basil brook , and other papists , whiles he lived , and reconciled to the church of rome , receiving extreame unction and absolution from the popish priests and capuchins , when he died . besides these they had windebank a popish secretary of his majesties cabinet councel for their intelligencer , patron , protector , liberator , assistant ; the earle of arundel , and other friends in his privie councell , endymion porter in his bed-chamber , with many other agents of all sorts , all sexes in his court , mentioned in romes master-piece , to further their design in the state : the arch-bishop of canterbury , wren , montague , cozens , with many other prelates and * priests to introduce , establish their popish doctrines , ceremonies , superstitions in the church of england ; the great lord strafford lievtenant of ireland , with sundry others in that realme , to countenance and protect them in ireland , where they had absolute toleration , yea , open profession of their religion : and which was instar omnium , they had queen mary her selfe in the kings own bed and bosome for their most powerfull mc●atrix , of whom they might really affirme in reference to his majesty , what some of their popish a doctors have most blasphemously written of the virgin mary in relation to god and christ , that all things are subject to the command of mary , even god himselfe : that she is the empresse and queen of heaven , and of greatest authority in the kingdome of heaven , where shee may not only impetrate but command what soever shee pleaseth ; that shee sitteth as chauncellour in the court of heaven , and giveth letters of grace and mercy to whom she pleaseth : that shee is the fountaine , treasurer and dispencer of all gods graces , favours ; the very neck and conduit-pipe through which they are all conveyed : that god hath freely bestowed on her the better halfe of his kingdome , to wit , all his mercy , reserving only his iustice to himselfe , yet so subject to her restaints : that if any ( roman catholike ) doth finde himselfe aggrieved in the court of gods ( or the kings ) iustice , ( for being prosecuted for his recusancy or seducing the kings people ) he may safely appeale to maries court of mercy for reliefe , shee being the throne of grace , of which the apostle speakes , hebr. 4. 16. let us go boldly unto the throne of grace , that wee ( catholikes ) may receive ( from her ) grace to helpe us in time of need : and to further this catholike work more effectually , the queen mother must be sent over into england , to contribute her assistance to the catholike party here , which she had so much assisted in france , and forraign parts . no wonder then if the designe succeeded , prevailed so much of late , since assisted , promoted by so many powerfull active agents . 9. by vertue of the former articles and oaths , all the parliaments during his majesties raigne till now , urging the execution of old lawes against recusants , priests , iesuites , and endeavouring to make new stricter acts against them , have ( contrary to the practice of all former ages , ) been broken up and dissolved in discontent ; and to crosse their execution of priests and iesuites in a politicke pleasing covert way , divers proclamations have been published every parliament , to banish them the realm by a set day ; after which , if they departed not , they should be executed , which the common people , and plaine honest-minded parliament men conceived , to be done out of rigour and justice against them , and so rested satisfied with these proclamations onely , which in truth , were meere policies to free the imprisoned priests and iesuites out of prison , under pretext of sending them away , and to stay all proceedings against them , whilst the parliaments sate , by allowing them so many weeks respite to depart the realme , before which the parliaments commonly were dissolved : and so by this policie were secured , inlarged to do more mischief , and either departed not all , or returned presently againe into england as soon as the parliaments ended , as the premisses and experience manifest . 10. by meanes of these articles , proceedings of the papists , priest , and iesuites have grown so stupendiously powerfull , as during the late scottish troubles , to hold a parliament , and generall councell of state among themselves , even in london , wherein not the king , but the popes own nuntio sate president : in which parliament the chief papists out of all parts of england and wales assembled , and made severall lawes and ordinances for imposing taxes , and raising monies upon all roman catholiques , for maintenance of the scottish wars , which were seconded with the queens own letters and instructions to the catholikes , reciting , vvhat great liberties and favours her highnesse had procured for them from his majesty ; and exciting them to a most liberall contribution toward these wars , because the maintaining thereof , concerned them not onely as they were subjects , but as they were roman catholikes too . the verity of which popish parliament , orders , instructions , taxes , was fully proved and manifested before a speciall committee of the commons house specially appointed for recusants , and their popish nuncio , novemb. 9. 1640. and at other dayes of meeting in that and the following moneths , both by the orders , letters and instructions themselves , and the examinations of sir kenelm digby , and many other popish knights , chief actors in that parliament , now remaining in the safe custody of master raynolds then chaire-man . and were not the papists then , think you , growne to an extraordinary exorbitant power , and the pope revested in his long exploded usurped supremacie in our realme ; when they should thus be permitted to hold and keepe a parliament without interruption , when the protestants and kingdome might hold none at all , or at least one presently dissolved in discontent , and the popes owne nuncio sit lord president to rule the rost , when they should be thus openly tolerated to hold a parliament , both to make and maintaine a warre against the religious protestant subjects , even with the kings owne actuall consent , as is cleare by his forementioned answer under his owne hand to master pulfords petition , where he not onely takes notice of these contributions granted him by the papists , but makes them the ground of his stay of all proceedings against them upon penall lawes ? and that these scottish wars were then raised by them , to get the king into their power , and extirpate the protestant religion , is evident , not only by the plot detected in romes master-piece , found in the archbishops chamber , and the observations on it , but likewise by a little english booke then published in print by the iesuits , intituled , the iubilee of the iesuites , one copie whereof , thomas chaude receiving from a woman-papist in redriffe , delivered it to sheriffe warner , which he attested in the house of commons , novemb. 14. 1640. as the journall records : in which booke there was this observable passage : that the papists should fish in troubled waters , whilest the king was ingaged in the wars with the scots ; with some prayers for their good successe ; and for the holy martyrs that suffered in the fleet sent against the heretikes of england 1639. by which among other circumstances , it is evident , that not onely the scottish war was plotted , maintained by the papists , but that the spanish fleet then happily incountered and vanquished by the hollanders on our coasts , during these troubles , was directly designed against the protestants in england , by the popish party here , with whom they were to joyne , to cut both the english and scottish protestants throats , when all the powder of the realme , and the traine bands armes in most counties were ingrossed into his majesties hands , and they thus incountering one the other ; which plot , the unexpected pacification , with the scots , and holland fleet most happily prevented . and in truth , the improbability of any other likely designe ; our harbour and succour of them from the dutch fleet in the downes , our supplying of them with men , victualls , ammunition , our guarding them with our ships against the hollanders more then was meet , our hindering the hollanders to burne their ships , which ran upon our shore , the confession of an english man in that fleet upon his death-bed , out of remoise of conscience , ( when he was brought on shore wounded in the first encounter with the hollanders ) that this fleet was designed for england ; the speeches of some papists , that they expected this navie here about that time ; the landing of many hundred spanish souldiers at plimmouth in english ships , but a weeke or two before this fleet arrived on our coasts , upon pretence to transport them thence by land towards flaunders , ( designed , as some then feared , to surprise plimmouth ; ) the lord portlands sudden journey to the isle of wight , whereof he was governour , with the lord went worth , col. goring , and others , where they shot away all the powder in the castles , ( and their clothes too ) in drinking healths in a most bacchanalian f●●●ick manner , just when the spanish fleet was before that isle , to the end they might the easier surprise it , when they had no powder to resist them , ( as some wise men then conject●red , ) are more then probable arguments , that this fleet was destinated for england , to extirpate the protestant party ; and that by the desperate confederacy of the predominant popish faction , and their great patriots here , who procured them so much favour and protection from us against the hollanders , and would never permit this mysterie of iniquity to be throughly examined . no wonder therefore , if we see the popish rebels brought over into england , to murther protestants now , since the spanyards were thus designed , ( as is more then probable ) for that purpose then : and whether we may not feare the like designe from france , i leave to the grand councell of the kingdome to consider . 11. those articles , i doubt , have beene the true cause of the late rebellion in ireland , and the massacres there ; of all his majesties favours to these rebels , of the late pacification articles granted to them ; of his majesties departing from , taking up armes , arming all english papists , and sending for popish irish rebels into england , to fight against the parliament , and of his siding with , relying on the popish party , to whom he is obliged to adhere , and so ingaged against the parliament , for feare they should execute all old , and make new . lawes against recusants , contrary to his premised oaths , and articles . 12. wee may hence assure our selves , that wee can never have any reall pacification with the king and his popish party , without a toleration of their religion , and a suspention , or repeale of all lawes against them , according to the preceeding articles ; and in case his majestie should prevaile against the parliament , we must expect an absolute establishing of popery , and suppression both of the protestant party and religion . yea , seeing his maiestie is both by oath and articles , not to endeavour by any means at all , to withdraw the queen from the profession of the romish religion ; whereas she on the other side , is left free , by all meanes and arts that may be , to withdraw the king from the protestant religion to her owne , and his children too : wee have great cause to feare ( if adams , solomons , or ahabs seducements by their wives be duly pondered ) that his majesty , ( now wholly alienated from his parliament , and best protestant subjects , by the queen and popish counsellors , and resigning himselfe up to the councels , armies , forces , guard of his roman catholike subiects , who have the custody both of his person , and next heires apparant to his crownes , ) may ere long be seduced to their religion , as well as to their party ; especially , since he hath been informed , that they have a poysoned fig reserved for him , in case he should refuse it ; as is more amply manifested in romes master-piece . the next authority of note , which i then intended to publish , was this notable passage of n. le maistre , a sorbon priest , in his instauratio antiqui episcoporum principatus : parisiis 1633. cum privilegio regis , & approbatine doctorum . ( dedicated to all cardinalls , archbishops , bishops , priests and clergie of the church of france ) lib. 2. p. 273. to 83. cap. 15. thus intituled : corolarium libri secundi ; vbi nonnulla de persecutione episcoporum , & de illustrissimo antistite calcedonensi . for the clearer understanding of which passage , i must prefix this prologue ; after the death of william bishop of calcedon in england , most of the english secular priests , together with the benedictines , for the advancement of the romish catholike religion , became suitors to the pope and his conclave , to have one or more popish bishops , created by the popes to be sent over into england , to ordaine priests , give confirmation , and exercise episcopall jurisdiction there ; the regular priests , and some others here , did stifly oppose this design ; but the episcopall secular and benedictine party prevailing , pope urban by his speciall bull , bearing date , the 4. of august , an. 1625. ( which i finde printed in censur a propositionum quarundam , &c. per facultatem theologiae parisiensis factae , parisiis , 1635. p. 63. 64 , 65. ) created * richard smith bishop of calcedon , and sent him over into england , to exercise episcopall jurisdiction , and to be superintendent over the priests within the english dominions , according to the tenor of his bull ; hereupon * nicholas smith , daniel a iesu herman lomelius , and other regular priests , writ divers printed treatises against episcopacie , and the inconvenience of having a bishop in england ; whose books were referred to the examination of the faculty of paris , and there censured , an. 1630. in the forecited censure , &c. the sponge of which censure , written by herman lomelius , was answered by le maistre ; and withall , they raised up such a faction and persecution against this their new bishop of calcedon in england , and ireland among the popish party , that they chased and banished him out of england into france , where he was entertained by cardinall richelleiu . upon this occasion le maistre thus writes in his defence , and prints the insuing letter of rudesindus barlo , president of the benedictine english monkes , in these very termes : nunc verò episcopum , &c. but now they see the bishop of calcedon , shining on every side round about , with the splendor of vertue , by whose amiable light and prudence , if the tempest should become more hard , it might have been asswaged and calmed ; i say , the bishop of calcedon , greatly desired by the people , coming from the pope , most humanely entertained by christians , not grievous to the enemies of our faith , some enflamed with private hatreds and grudges , have expelled , have suborned secret accusers and sycophants , as if themselves would urge and imitate an over much remitted persecution , who cease not to complain of the grievousnesse of persecution . you ( will you that i should speake ) have made , you have raised a persecution ; neither hath religion ever suffered under a more grievous evill , then by impiety , cloaked under the colours of a religious ●ruit : for what was there , that might provoke your gall against so great a man , unlesse you purposed to execrate honesty , sanctity , modesty , courtesie , wisdome , with the most filthy kindes of enmities ? unlesse , like the syberites , you scatter reproaches against the sunne , and indure not the light of so great innocence , which no man ever ought to shun , but he who would not imitate it ? now all france is overslowed with greatest indignation against your madnesse , from which , since so many mischiefes have proceeded , this one commodity accrues to behold and imbrace so great a man ; so illustrious a champion of the gospell , so acceptable and lovely to our most eminent duke and cardinall ; but in the meane time , the filthy patrocination of certaine writers , may cease to draw clouds over your wickednesse : did not bishops heretofore carry divine books with them wheresoever they went , even whiles the persecution was vigorous , & c ? did they not , when driven into caves , hold assemblies , reforme priests , performe holy duties , dispence sacred mysteries ? what then forbids the same things , and others which are not of greater pompe to be performed in england ; especially , where this heat of persecutions hath ceased , through the dignity of a magnanimous king ; and most invincible prince , by the borbonian star which hangs over these countries in a most deare wife : by which stars , as by the dioscuri , peradventure the tempest of persecution will in time be appeased , and the generous prince may acknowledge the same christ , under whom his ancestors have so gloriously triumphed . but that it may appeare , by how many votes the bishop of chalecdon came desired into that province , i subjoyne a copie of a letter , by which the most noble society of benedictines earnestly required doctor smith to be given to them for their bishop , by the senate of the church . and hence 〈◊〉 will appeare , how deserved their pride may be condemned , who being but few in number , have vexed the bishop of chalcedon , against the votes of so great a fraternity ; with whom alone i am angry , when as in this worke , i complaine of the arrogancie of certaine men , who call themselves monks : for in others i am alwayes resolved to reverence religion and modesty . the letter of father rudesind , president of the english benedictines , to the sacred congregation , consecrated to the propagation of the faith , 12 decemb. 1624. most illustrious , and most reverend lords , of the most ancient senate of the catholique church ; peradventure we doe a new thing , and hither to unaccustomed ; yet ( as we hope ) neither ingratefull , nor unpleasant to your piety , monks endeavouring to promote the cause of secular priests ; although truly howsoever the abusive speech of the vulgar distinguisheth the clergie from the regulars ; as if the secular priests only should constitute the clergie ; but the regulars should by no means belong to the body of the clergie ; yet wee benedictines were alwayes of a far other opinion , esteeming even our selves to be some part of the clergie , although not a ruling part , yet an assisting part , out of the most ancient priviledges of the sea apostolike ; wee doe not therefore a thing different from our profession , if wee suffer together in the difficulties of the english clergie , since we judge the same in part to extend unto our selves : verily we should not deserve to be under christ the head of the clergie , if we should not suffer together with the body , especially with the body of the english clergie , of which we remember the greatest-part by far in the primitive church of the english , to have been of our fathers the monks of saint benedict . for that conjunction and participation therefore , which our body hath alwayes had in england with the secular clergie , presuming ( most illustrious men ) of your benignities to the assistance of the said troubled clergie , we have thought wee ought to occurre according to our severall abilities ; not as ambitiously seeking any authority among them , but as those who judge , that even our tranquility doth depend on their quietnesse . for we most truely judge , that it is the onely method of peace and concord , that to every order may be attributed what is its owne , that due honour and authority may be rendred to the clergy , and their priviledges may be preserved inviolable to the regulars . hence is it , that under the best and most prudent old man of pious memory , doctor william bishop , the most reverend ordinary of england , and bishop of calcedon , the pious foundations of an wholsome concord were laid betweene the seculars and regulars , the worke-men of the mission ; we benedictines agreeing , ( the venerable bishop himselfe exhorting and proposing ) upon certaine necessary articles of ecclesiasticall discipline ; whence without doubt it would have come to passe , that the other regulars following our example , would have consented to the same articles , and a most joyfull face of mutuall peace and love in the whole clergy of england would have shined forth ; but by the death of the holy bishop intervening , ( to him verily mature by reason of his long age , but to us very unseasonable , by reason of the beginnings of peace not yet confirmed ) these our endeavours lye in a manner intercepted , and by meanes of the long delay of granting a successor bishop , almost quite dead . for wee have received ( not without great dolor of minde ) from two chiefe men , master matthew kellison , and master richard smith , ancient priests , and old doctors of divinity , who among others were nominated to our most holy lord , to undergoe the episcopall charge , that many things are objected by some , onely out of a shew of the zeale of god , but in truth out of a hope of retarding that businesse , then which there is none more necessary for the advancement of religion , and piety in england , wherefore i deemed it appertained to the office of fraternall charity , and to the zeale which i owe to gods glory , that i , who unworthy preside over a great part of the regular priests in the english mission . for wee reckon above sixty benedictine monkes in england , svbiect to ovr congregation ( and we prepare farre more in ovr covents to the fvnctions of mission , ) that i might give testimony to the truth , and to the innocency and credit of the said priests . i therefore humbly and sincerely signify to your most illustrious lordships , that the said venerable priests , dr. matthew kelison , and doctor richard smith , have been now very familiar known both to me , and to the other brethren of our congregation , by the conversation and experience of many yeares , and that their manners are very well discerned by us . therefore , before god i testifie , that they , both by us , and almost by all the catholikes in england are had in so great veneration ; whether wee respect their integrity of life , or excellency of learning , that we suppose there cannot easily be found their peeres , much lesse their superiours in all the clergy of england , whether regular , or secular . and truely the glory of both their learning is sufficiently knowne to the catholike world , by the most learned bookes , set forth by both of them against hereticks , in latin and english , but to us it is more specially knowne , who have knowne both of them to have a long time governed the chaire with great praise of learning , as well in phylosophy as in theology ; and we know that dr. kellion was chiefe professor of divinity for many yeares in the vniversity of rhemes , and that doctor richard smith was first conjoyned in the society of studies , to the most learned bishop of lussion , now cardinall of richelieu . and concerning the integrity of both their lives , we can say , ( seeing both of them are familiar to us and our brethren by their almost daily conversation , ) that we never yet knew any thing in their manners , which might not beseeme grave bishops , yea that we have alwaies found so great gravity , meekenesse and devotion in them , as that wee may deservedly rejoyce ; we have been conjoyned to them in a most firme amity for many yeares . and this our testimony concerning them , is so much the more worthy of acceptation , that whereas we are of that order of monkes , who had the chiefest power heretofore in england , who had eleaven bishopricks in their power , and the regiment of cathedrall churches , computing also the arch-bishopricke of canterbury , if we would doe after the manner of men , it is more likely for the desire of ancient power , we would rather resist the secular clergy as emulous , than give assistance to them . but wee emulating the humanity and sincerity of our fathers , and seeking the glory of christ , not our owne honoar , desire the quiet , profit , and encrease of the secular clergy , as much as our owne tranquility . therefore we onely affirme , that these things which wee have testified of the fore-named doctors , are so manifestly knowne to all good men in ovr england , that verily they may suffer a great scandall , whosoever shall dare irreverently to back-bite the said priests of christ before your tribunall . therefore we benedictines , your humble servants and sonnes , beseech you , that rejecting their accusations ( who denigrate the same of the best priests , onely that themselves alone in a clergy without an head , may shine as it were by an anteperistisis , that they may seeme hierarchicall , and by a division of mindes in the clergy , may thinke that the best way to greatnesse lyeth open to them , ) you would be pleased to grant a bishop to ovr england , seeing that no province of the catholike world hath more neede of one , whether we respect the necessity of the sacrament of confirmation , whose frequent ministration by the reverend bishop of calcedon , hath wonderfully erected the minds of our catholikes , or the concord & dignity of the clergy , and the observance of ecclesiasticall discipline , whichseemes by no meanes to be able to be preserved without episcopall authority : neither is it to be dovbted ( for we have already scene the good svccesse vnder the first bishop ) that another bishop being constitvted , you wovld behold more ioyfvll frvites within one two yeares in the english mission , then hither to yov have beheld for sixty yeares now elapsed there being no bishop in the same . neither ought the religious to feare , least episcopall authority should be burthensome to them , for the authority instituted by christ can hurt none who is truely a christian : and wee see not why the regula●s with their priviledges , given them by the apostolike see for most just reasons , may not as happily agree with a bishop and secular clergy in the english mission , as well as we see they every where doe out of england , especially seeing a forme is already affected , at least by us , who by the exhortation of the most reverend bishop of calcedon , conspire in the best concord with the secular clergie , and in the observance of a uniforme discipline , saving our priviledges : and whosoever at last is to be bishop , but especially if he shall be one of the two here named ( whom we know to be very friendly to the regulars ) we doubt not , but that the same sweetnesse of concord , and conformity of discipline will be continued , god directing the endeavours of us all . these things ( most illustrious cardinals , patrons , to be especially observed ) i have , which in the name of my selfe , and of the whole congregation , i would humbly professe in the cause , and for the cause of our secular clergie of england ; it remaineth that i should earnestly request your most illustrious lordships , most gratefully to accept of this my service , and that you would vouchsafe by your authority to foster and corroborate our congregation , ( which neither yeelds , nor will ever yeeld to any society or congregation in true observance towards the see apostolike . now the god of glory , and our lord iesus , blesse your lordship with perpetuall safety , to the comfort and honour of his church . from the covent of saint gregory of the benedictines at doway in flanders , the twelfth of december , 1624. the most humble servant and unworthy sonne of your most illustrious honours ; f. rudesindus barlo , president of the english congregation of the order of saint benedict . by which passage and letter it is most apparant : that the kings match with the queen was both in design and event , the greatest means to advance popery in england , to suspend the laws & proceeding against popish priests and monks ; and to reduce both the king and prince to the entertaining and professing of the roman catholike faith ; as le maistre his words assure us : and this the articles of agreement made and sworn to by the king , upon the marriage with the queen , confirme . what power these benedictine monks have gained in england since this letter , appeares by the popes new printed briefe directed to them , and by this memorable story . anno 1634. lewes cooke generall of the benedictines dying without issue at temple cowly in oxfordshire , where he had purchased divers lands and goods ; his brother a civillian in ireland hearing of it , comes over and claimes his lands as heire , his goods as administrator to him : the benedictines withstood his claime to both , alleadging , that he purchased both goods and lands with the money of the order , and for their use and maintenance onely . and by sir william howard , and their court friend there , made such a strong party against the heire , that dispairing of his own right , he made his addresses to sir iohn bankes the kings attorny , and procures a commission of inquiry , with a fiat under his hand , dated 2. ianuary 1635. to intitle the king to the lands and goods , as a mortmain purchased to the use of these monkes ; whereupon they compounded with the heire , and gave him 300 , l. as i am credibly informed by mr bernard , who drew the commission , wherupon it proceeded no further . i shall conclude , with the testimony of two english iesuites , which i fitted for the presse , an. 1636. in this ensuing peice , sent lately to me by a friend , who preserved it beyond my expectation , as if gods providence had reserved it to accompany the premises . the iesuits looking glasse : or , the testimony of two late priests and iesuits touching the present condition of the church of england , and the greatest swaying prelates thereof . christian reader , it is aquinas his observation , that from the time bishops were indowed with worldly honours , * offices , riches , power , and great temporall possessions ( the very bane and poison of the church , as b authors stile them ) extvnc ex●rti sunt in ecclesia gigantes , in magnis & mirabilibus supra se ambulantes , qui potius videntur reges vel marchiones , quam episcopi : what good fruits their lordly princely pompe and greatnesse produced , the same author presently subjoynes : et ideo non mirum si per coserigatur statva babylonis , & terrena civitas dilatetur : and therefore ( saith he ) it is no wonder , if the image and tower of spirituall babel be erected by them , and the terrene city of romish babel inlarged . this being an experimentall verity in aquinas his age , it makes me the lesse to wonder at the present industry and practice of our lordly prelates , who following the footsteps of their pontificall predecess●rs , bend all their force and power to re-erect the long since demolished tower of romish babel among us , and enlarge this earthly city , though with the utter ruine of our established religion ( the thing that first advanced them to their lordly dignities ) which they now most ungratefully require . this disperate confused babel-plot of theirs , long smothered from the vulgars knowledge , is now palpably discovered to the publike view of all men , not onely by the towers , statues , and walls of babel ( to wit , high altars , crucifixes , images , altar-clothes , tapers , basons , &c. ) lately erected in most churches ( especially cathedrals ) by these lordly babel-builders , but likewise by their fellow-labourers , and confederates in this plot and structure , to wit , popish priests and iesuits : who now over-joyed with the towardly forwardnesse and maturity of this their cu●side , begin in printed bookes to glory of it , for the better incouragement and increase of their roman catholike faction ; and being privy both to their lordships bosome counsels and secrets ( which ordinary poore protestants are altogether ignorant of ) thinke all now so cock sure on their party ; that they begin to divulge in print our prelaetes secret aymes and popish designes ; yea , to discover and magnifie those statues and walls of babel , which their lordships have already set up in our church . take but two late instance in stead of many , as a most bright chrystall locking-glasse , wherein you may exactly behold their lordships romish faces and actions , without prejudice or partiality ; no puritans having more lively and truly reflected their true pourtrait●●es or shadows , then these romish optick● have done . the first booke i shall instance in , is intituled , a direction to be observed by n.n. written by an english priest or jesuice ( yea , printed here in england in our mother tongue , to the end we might all take notice of it ) since midsomer last . in the 14. page he highly applauds the now archbishop of canterbury , for prohibiting and suppressing bookes in defence of our protestant religion ( which he there termes , socinianisme ) in these words : although i ought not to diss●mble , by doe gladly acknowledge , and ●eserve●●● publish on this occasion , for a patterne for others in this realme , the care of the highest prelate in england ( in place , grace , favour and authority , not in stature ) in prohibiting the sale ( much more then the printing and importing of books tending to socinian●sme , which page 16. he expresly defines and interprets to bee nought else , but protestantism● . o happy prelate , to merit so great laud from a iesuits quill , as to be prescribed as a patterne of imitation to other roman catholikes and bishops to follow ! having now so farre cut-stripped them in their owne iesuiticall practises and stratagems , to suppresse and undermine our religion , that he even runs before them as a patterne worthy their imitation . but stops this iesuit here ? no , for pag. 21● 22. he thus proceeds . and to speake the truth , what learned judicious man can after unpartial examination , imbrace protestantisme , which now wareth weary of it selfe ? its professors , they especially of greatest worth , learning and authozity ( and who are they but our great achbishops , bishops , and their heirs apparent ? ) declare themselves ( you may see now they are past feare , shame , and scorne to keepe counsell any longer ) to love temper and moderation . allow of many things which some yeeres agoe were usually condemned as superstitious and antichistian : and are at this time ( such strong steady pillars , and grounded fathers of our church , or rather romish brothers are their lordships ) more unresolved where to fasten ( unlesse with rome ) then in the instance of their church . ( for proofe of which he gives us this experimenta●l und●●able demonstra●ion . ) for doe not the protestant churches beginne to looke with another face ? their walls to speake ( to wit , by late erected images , crucifixes , laymens books ) with another language ? their preachers to use a sw●e●er●tene ? ( that is , to applaud , not declaime against popery and popish writers : ) their annuall publike tenets in the vniversity , to be of another stile and matter ? ( to wit , for , not against popery : ) their books to appeare with titles and * arguments , as shelfords , reeves , pocklingtons . a coale from the altar , and others ) whichonce would have caused much scandall among the brethren ? their doctrine to bee altered in many things , and even in those very points ( marke it well ) for which their progenitors forsooke the then visible church of christ ? ( and is it any wonder then that many hundreds forsake and separate from our church now ? ) their thirty nine articles , the summe , the confession , and almost the creed of their faith are patient ? patient : that is they are ambitious of some sense wherein they may seeme to be catholike : ( that is , of that romish contradictory sence which franciscus de sancta clara thrice printed , as they say , in england , and presented by a great prelate to his majesty , hath put upon them . ) to alleadge wife and children in these dayes , is but a weake plea for a married minister to compasse a benefice : fiery , calvinisme , once a darling in england , is at length accounted heresie , yea and a little lesse then treason ( as the archbishop of canterbury , and the other prelates judged in their sentence of doctor bastwicke , where they much railed upon worthy calvin , whose bookes they are unworthy to beare . ) men in word and writing ( to wit , in their sermons and printed books ) use willingly the once fearfull names of priests and altars : ( i would richard shelford priest , and iohn squire priest , with their new fraternity of priests , would consider this , and those that preach and write for altars . ) nay , if one doe but mutter against the placing of the altar after the old fashion , for a warning , he shall be well warmed with d a coale from the altar . english protestants are e now put in minde , that for exposition of scripture , by canon f they are bound to follow the ancient fathers . and to conclude all in one maine point . the protestant church in england ( of whom the premises are spoken ) prosesseth so small antiquity and so weake subsistence in it selfe , that they acknowledge no other visible being for many ages , but in the church of rome . thus and much more this iesuit , from his owne experimentall observation and reading . now wellfare thy heart good honest plain-dealing iesuit , for giving us such a lively character and representation of the present face of our church , and practises of our lordly prelates that are of greatest authority ; and this thy timely disvery of their graces romish designes , proceedings , apostacies , for which all england shall con thee thanks . had any puritan or protestant writ or muttered half so much , against these great lordly prelates ( as appeares by the late handling of worthy m. burton * ) he had been haled by head and eares out of his house , committed close prisoner , suspended , persecuted with all violence , complained of to his majesty as a seditious , factious , rebellious person , pursivanted , pilloryed , condemned for a scandalum magaatum long ere this , and made a publike * spectacle unto the world , unto men , and unto angels . but thou being a bird of their owne feather , one of their owne fraternity , confederacy , applauding , not condemning these their courses and proceedings , sha●t escape scotfree without feare or danger , and perchance have a good boone for thy pains ere long : so much safer and securer is it now , for any man to be a seminary priest or iesuit in england ( though therein a * traitor by our laws ) then a faithfull minister or painfull preacher of the gospel , rightly discharging his duty to god and the king. o times ! o lordly prelates for the popes owne tooth ! the second booke i shall nominate , is inscribed . paraphrasticall and divout discourses upon the psalme , miserere , composed by ch. m. ( an english iesuit , as it should seeme , who hath formerly written at * large of the masse and transubstantiation , the iesuits badge standing in the front of the epistle to the reader ) anno 1635. approved by george colvenerius chancellour of the university of doway , and censor of books , duaci 30 , martii 1636. in the epistle to the reader , this iesuit hath this remarkable passage : i have lived long out of my country , and so know not who are the greater , who the lesser sinners ; yet this i know in generall , that there must needs be many and great sinners in england , because where there are many beleevers ( as there are in england ) there are many ill beleevers ( true faith and beleefe being but one ) and consequently many ill livers , true faith being the rule and square of good life , &c. whereupon these my para●●hrasticall discourses , and pitifull lamentations of king david , i intend for all sinners , as well catholikes as not catholikes , and of whatsoever religion ; * i being a debter to all , and because i would have them all peruse these discourses , i abstaine from controversies in religion , lest i should avert any from the reading of them : onely in paraphrasing the two last verses of this psalme , occasion being offered , i speake of the unbloody and daily sacrifice of the altar , but so , that i rather touch it , the ●handle it ; mention it , then treat of it ; suppose it , then prove it in that manner as i might ; hoping that this doctrine now , will not bee distastfull : ( and why so ? marke it , i be●eech you ) for seeing that now in england in very many churches , altars , which here to fore were throwne downe , are againe erected ( by whom , i pray , but by lordly over swaying prelates and their creatures ? ) according to the laudable example and pious use and custome of the catholique ( to wit the roman ) and even * primitive church , to aberre a true sacrifice will not be ill taken ( to wit , by these altar er●recting prelates and priests of ours ) because to allow of altars ( marke it ) is to allow of a true sacrifice , which useth to be offered on them , an altar and a true proper sacrifice being correlatives , of which the one inferreth the other , and so the one cannot bee averred without the other , nor the one denied without the other . thus this iesuit , almost two yeeres since , who might have said much more had he written now , we having many new altars and crucifixes since that erected in england , by those prelates who bow downe devoutly to , if not adore them . see now at last what these great prelates aime at in erecting altars in our churches , in raising and railing in our tables altarwise ; this iesuit plainly and truly informes us all , that their direct intention is , to usher in the unbloudy daily sacrifice of the altar , which to averre a sacrifice , will not be now ill taken in england , seeing that now in england in very many churches ( then but now in farre more ) altars , which heretofore were throwne downe , are againe erected , according to the laudable * example and pious use and custome of the catholike church of rome ; yea , and many new priests ( as richard shelford priest , with hundreds more who will now be called by no other name but priests ; i may adde masse to it for distinction sake ) are already prepared for this true sacrifice , there being no other end or use of priests and altars but for sacrifice ; an altar ( yea a priest ) and a true and proper sacrifice being correlatives , of which the one inferreth the other , and so the one cannot be averred ( as it is now in printed books and sermons ) without the other . this then being most apparent , let us be no longer deluded with flattering words and fond pretences ; but assure our selves that these court priests and prelates who now write and daily preach ( even in his majesties royall presence , and elsewhere ) for altars , bowing to altars , crucifixes , auricular confession , bowing to the name iesus and the like ( the ordinary theams of most court sermons ) have combined together with masse priests and iesuits , to bring in the unbloody sacrifice of the masse ( the epitome and maine part of popery ) into our churches , and that very speedily , unlesse manfully resisted and exemplarily punished for this their execrable con●ederacy against our established religion ; since altars , priests , and all other appurtenances in most cathedrals , chappels , and churches , are already fitted for it , as this iesuit truly informs us . if we now compare these passages of the jesuits with the late * practises and specches of some of our great swaying lord prelates , as namely their corrupting of the common prayer-booke for the fifth of november , to acquit popery from the blemish of rebellion and faction , and papists from that execrable treason : their purging of the late fast-booke , contrary to his majesties proclamation ; to free popery from the just imputation of superstition and idolatry ; and justifie fasting of it selfe to be a good worke and meritorious , without regard to the end thereof , ( which the archbishop of canterbury , in his speech in starchamber avoucheth to be his own act by speciall command from the king. ) their inhibiting all old english bookes to be reprinted , by a late decree made in starchamber , unlesse reviewed , purged , from all passages against popery ) and new-licenced by them and their chaplaines . their purging of divers passages against masse , altars , masse●priests , sacrifices of the altar &c. with other points of popery , out of divers bookes lately licensed for the presse . their setting up altars , images , crucifies , railing in of tables , and raising the ground under them altar-wise , and then adoring and bowing down unto them like heathenish or romish-idolaters ; with other particulars specified by these iesuits , mentioned at large by mr. henry burton in his new printed appeale , and sermon on the 5 of novemb. last , truely entituled , for god and the king ; to which i shall referre you ) & justified by richard sh●lford priest , edmund reeve , dr. iohn pocklinton , a coale from the altar , teddar , dr. laurence brown , and others in their late printed bookes and sermons ; together with their publique speeches in the high-commission in the late censure of dr. b●stwicke ( wherein * against all laws , they were both enemies , witnesses , accusers , iudges , as that court often is ) for the divine authority of their episcopall primacy ; and in derogation of the scrirtures certainty , authority , related at large in his apologeticus ; the speeches of bishop white now prelate of ely , and his now archholinesse of canterbury in the later censure of m. samuel ward of ipswich , where the first of them openly affirmed , that christ was in the sacrament more then spiritually and by faith and the latter challenged all divines to discover the ●●●us or manner of his presence , and came up fully to bishop andrews his words , for which mr. ward was questioned , saying , else it was impossible to answer the fathers ; both of them in a manner maintaining a reall transubstantiation of the bread and wine , and determining pointblanke against the 28 article of our church ( which defines , that transubstantiation cannot be proved by holy writ , but is repugnant to the plaine words of scripture overthroweth the nature of a sacrament , and hath given occasion to many superstitions ; the body of christ is given , taken , and eaten in the supper * onely after an heavenly and spirituall manner , and the meane whereby the body of christ is received , and eaten in the supper , is faith . ) with their high-commission speeches likewise in the severall censures of mr. smart , mr. workman , and mr. chancey , in defence of images , crucifixes . altars , tapers , sanctum sanctorums , bowing to altars , and the like , point-blank against our homilies against the perill of idolatry , and others ; and punishing them onely for preaching and maintaining the doctrine of our homilies , and articles , against all late popish innovations , ( an insolency , a bold impiety not sufferable in our christian church and state , deserving the severest exemplary punishments : ) all these , i say , compared with the iesuits fore-cited passages , are a most pregnant , palpable , visible , convincing demonstration , to all but such who will be wilfully blind ; that these great lordly prelates resolved purpose , practise , designe , is speedily to set up the pope and popery in our church , and reconcile us once more to rome , ( as the * cardinall of canterbury , poole , with other popish prelates did in queen maries daies . ) and therefore the popes holinesse hath given these his vice-popes instructions , commissions thus to do ; his majesty and his honourable councell , may at their best leisure enquire of seigni●r georgio con , ( lately come from rome , some say , as his holinesse nuncie , and with a * cardinals cap for canterburies grace ) with whom our prelates and court-clergie are over-familiar , to the great scandall and offence of many . to these i could adde some two or three bookes more , of like nature , one of them declaiming much against puritans , as the only men that are enemies to popery , & hindered the reconciliation of the church of england to rome , relating the story of dr , theodor price subdeane of westminster his dying a roman catholique , not long before recommended earnestly to his majesty by his arch-grace for the bishopricke of ●angor , but rejected by his majesty , as a man altogether unworthy , both for his vicious epicurean life , and unsoundnesse in religion : together with the late speeches of pierceson and hodshan , two papists in newcastle , brought into the high commission at durham and there coldly prosecuted , for saying and affirming publickly , that the * archbishop of york , and dr. iohn consens , were both theirs , and of their religion ; which other papists also have openly averred in england , and more commonly report in forraigne parts ; how truely , i refer to themselves and others to determine . from all these we may now clearly discover our great swaying prelates concealed practices and intentions to set up popery , and easily conjecture that all their late innovations , altars , images , bowing to altars , raising and railing in lords tables altar-wise , crucifixer , and new licenced popish pamphlets , tend onely to this purpose , to bring in the whole body of popery among us , by degrees ; which they have well nigh effected , and almost quite accomplished . this therefore being their cleare resolution , intention , confederacy , as most men plainely discerne , and generally complaine of ; let us all now at last , before it be too late , ere our religion be quite lost and betray'd beyond recovery : begin to consider , view , and to the utmost of our powers , by all just and lawfull meanes resolve manfully to oppose , withstand these conspiratours practices , designes , and cry aloud to god , and his majesty for speedy justice upon them , according to the greatnesse of their offences , that all others may be terrified from the like perfidious disloyall attempts . o therefore let us now awake out of our drowise security , and be no longer cheated with their faire words or specious pretexts , which have hitherto blinded the eyes of most . looke but upon their deeds , and these their complices testimonies of them , and then their fained speeches and pretences will vanish into smoke ; it being the * ancient policy of lordly prelates ( the readiest men in all ages both to maintaine and set up popery , with the popes universall authority . ) to speake most against popery , when they are busiest to bring it in ; and to make the fairest pretences , when they are plotting and executing the foulest designes , of purpose to delude the over-credulous multitude . i shall therefore close up all with the words of old father latimer , in his fourth sermon before king edward , p. 52 , 53. where he writes thus of lordly unpreaching prelates , who bore greatest sway in church and state , but n●glected , suppressed preaching . it is to be thought , that some of them would have it so , to bring in popery againe . this i feare me is their intent , and it shall be blowne abroad to our holy father of romes eares and he shall send forth his thunder bolts upon these bruits ; and all this doth come to passe through their un-preaching prelacy . are they not worthy double honour ? nay , rather double dishonour , not to be regarded , nor to be esteemed among the people , and to have no living at their hands : for as good preachers be worthy double honour , so unpreaching prelates be worthy double dishonour . they must be at their doublets . but now these two dishonours , what be they ? our saviour christ doth shew , si sal , &c. if the salt be unsavoury , it is good for nothing but to be cast out , and troden under feet of men . by this salt is understood preachers , and such as have cure of soules . what be they worthy then ? wherefore serve they ? for nothing else but to be cast out . make them quondams , out with them , cast them out of their office ; what should they doe with a cure that will not looke to it ? another dishonour is this , 〈◊〉 conculcentur ab hominibus , to be troden under mens feet , not to be regarded , not to be esteemed . and well may they thus be served , who have troden both the lawes of god and the king ; yea , king , subjects , religion , justice , rights , liberties , under foot , and being treacherous both to god himselfe , and that religion which they would seeme to professe , can never be loyall , faithfull to his majesty , or his people committed to their care and cure : scarce one of our swaying lord prelates being able to say , that he ever converted one papist to our religion , or one soule to god , either by life or doctrine , though they have perverted , murthered , starved , destroyed thousands . this was that i then intended for the presse . if any english protestant , after all these visible most apparent evidences of the long prosecuted court-designe , to set up popery , and ex●irpate the protestant religion , and the present proceedings of the papists in ireland and england by his majesties commissions and authority , ( who wholly sides with , and relies upon them , as his best , trustiest , and loyallest subjects , as they formerly have stiled many of them . ) will be yet so wilfully blinded , as to believe , that the kings and courts designes are really to maintaine the protestant religion , the priviledges of parliament , the lawes and liberties of the subject ; and still joyne with the 〈◊〉 royall party against his religon , countrey , liberties , priviledges , believing their specious promises and pretences , before their reall contradictory actions , let him goe on and perish in his incredulity . however , i hope , all intelligent protestants , who have hitherto sided with his majesty and that party , out of their overmuch credulity of their upright intentions , and ignorance , of this their secret designe , upon the serious perusall of the premises , and his majesties late sending of at least 30 saile of ships from bristol , ( a sad effect of its unhappy surrender ) besides other ships elsewhere , to bring over irish rebels , to ruine our kingdome and cut our throats , ( many of which are already arrived , and have committed great murders and insolencies at bristol , elsewhere without restraint or punishment ) will now , upon consideration of all the premises , for ever desert that a●tichristian party , and henceforth unite all their hearts , heads , hands , purses , forces , endeavours to the parliament , to preserve it , our church , religion , laws , liberties , kingdom , nation , from that imminent ruine threatned to them by the malignant popish saction . i shall close up all with these few queres to all english protestants , who have any sparks of zeale to the protestant religion , or their owne deare native dying countrey , remaining in their brests , and yet adhere in person or affection to the royall popish party , now in open hostility against our religion , laws , liberties , parliament , either out of meere ignorance and simplicity , or over-much credulity of his majesties and that prevailing sactions sincere intentions to our religion , and the republique , published in so many printed declarations , protestations , of purpose to delude the world . first , what certaine or probable assurance they can receive from all his majesties and his evill councellours late declarations and protestations , not to connive at popery , but cordially to maintaine the protestant religion in its purity and liberty , to the utmost of his regall power ; when as his majesties ancient engagements by the forecited articles and oaths to spaine and france , his letters to the pope , his entertainement of professed nuncios from the roman pontise for sundry yeeres in london , his maintaining of an agent at rome , his forecited letters , protestations , warrants , in favour , protection , discharge of the most notorious papists , priests , iesuits , his extraordinnry fresh engagements to the queen and popish party , his arming of papists both in ireland & england against the parliament and protestant party , his much distasted articles of pacification with the irish rebels , after their most inhumane barbarous massacres of so many thousand innocent protestants , without any provocation , his extraordinary late favours towards papists , now most predominant in his councels and affections his toleration of open popery in ireland , in all parts of england , his present war in their behalfe , with his entertaining of sundry irish rebels neere him heretofore , and sending for * many thousands of them * into england now , as his best and faithfullest subjects , on whom the most relies , to murther his protestant lieges in england as they have done in ireland , with other his majesties and his councellors late proceedings , infallibly proclaime a direct contrary intention , and quite crosse long agitated designe to all the world ! secondly , with what confidence at all can they expect ; that his majesty and his evill councellours , who have extraordinarily violated , invaded the subjects , parliaments indubitable just rights , lawes , liberties , priviledges , properties , all his reigne ( as hath been publikely acknowledged by the king himselfe , and resolved by the parliam●●● then fullest ) and since his departure from this parliament , practised it in farre higher degree then ever ( contrary to his owne confirmation of the petition of right , the very acts passed by him this present parliament , his many ancient and late quoted declarations , proclamations , protestations , speeches , vowes , imprecations , ) will after his absolute conquest of the parliament and their protestant party by force of armes ( in case he should prevaile ) inviolably maintaine their lawes , liberties , properties , parliaments , priviledges , and religion , which they have ever heretofore so much infringed , and at this very instant more then ever , even in an open hostile manner ? thirdly , with what conscience , heart , or spirit they can either in point of piety or policy confederate and joyne their forces , heads , or purses with the popish party now in armes to ruine this present parliament , their owne native countrey , religion , lawes , liberties , and promote the papists most execrable jesuiticall designes to re-establish popery , and the popes supramacy in perfection throughout his majesties dominions ? and how they will be able to answer this their detestable treachery , their desperate impiety before gods or mans tribunals , or their owne self-condemning consciences , at the last ? fourthly , with what stupidity of heart of sottishnesse of spirit they can ever patiently brooke the late stupendious pacification of his majesty with the barbarous bloody popish irish rebels , after their treacherous massacring of above one hundred and forty thousand innocent protestants ( most of them english , ) who in stead of taking exemplary vengeance of this their inhumane but chery , hath indulged them many favou●s , and termed them , * his good roman catholique subjects . and how they can ever quietly suffer or digest his majesties entertainment of thousands of them already in his army ; his bringing over the protestant english souldiers thence , se●t over by the parliament , that the papists there may take all the forts and places of strength ; his proclaiming of their irish embased money to be currant here ; but especially his sending over ships , and licences to land many thousand of the popish irish rebels speedily on english ground , of purpose to fight against the parliament , and cut the protestants throats in england , as they have done in ireland ; certainly , that english protestant who can sit still and patiently suffer such bloody , barba●ous , popish irish villaines to set foot on english ground for such a purpose , and not rise up in armes , siding with the parliament , and protestant party , against them , to expulse or cut them off , hath lost both the spirit of an english man , and the zeale of a reall protestant ; yea , he deserves a brand of eternall infamy , and that he and his posterity should be extirpated by these outragious beastly monsters of men . fiftly , whether his majesties former arming of english protestants first ( with exclusion of papists ) against the parliament and their protestant party , and present sending for the protestant english souldiers out of ireland ( sent over by the parliament against the popish treacherous bloody rebels there , to subdue them ) of purpose to fight against their fellow english protestants , for to secure the irish popish rebels ; and his after arming of english papists , and present sending for popish irish rebels as his last and best refuge , to succeed and second his protestant forces ; with the placing of his protestant commanders , subjects , since their union with his popish forces , alwaies in the front of the most dangerous desperate services , but in the reare of his pay , preferments , and royall favours , and the papists alwaies in the front of his preferments , and in places , services of least danger ( as some intellig●●● men of the kings owne party have truely observed , and now complaine of ; ) be not a most apparent jesuiticall plot to engage the protestants of either party to weaken , kill , and ruine one and the other , that so the english , irish , scottish confederated papists ( who are still kept furthest off from danger , being rather spectators then actors in the hottest services ) may by this their romish stratagem , speedily become the strongest or most predominant party , and so easily conquer the protestants ( as well of the kings as parliaments side ) and utterly extirpate them , with their religion , at the last , through this their desperate folly , and most unnaturall unchristian discord . certainely , what ever crafty jesuited pates may suggest , or impoliticke childish protestants adhering to them , conceive to the contrary , yet those who have any skill in politicks or machiavilian projects , may most clearely discerne this derestable designe against the protestants ( and our english nation too , now devoted as a prey to the barbarous irish , and other forraigne popelings ) without the helpe of a perspective . and can , or dare any protestants then after this discovery of this plot upon them , be any longer be besotted , as from henceforth to fight for or adhere to those mischievous , treacherous , popish conspirators , who rejoyce at this their folly , and would thus make them the principall instruments of their religions , countries , yea , their owne destruction ? i shall humbly therefore beseech all protestant cavaliers , and antiparliamenteers whatsoever , of the contrary party , most seriously to lay this disperate plot to heart ( as some of the very common english protestant souldiers ( transported from ireland hither , to sight against their fellow protestants and the parliament ) have already done , and then they cannot but desert that a●●ich istian side , and for ever ins●parably adhere to the parliament , 〈◊〉 some of these poore souldiers have done lately to their eternall honour . finally , in case the irish papists land , and their faction prevaile , what security or probility can any english protestants who joyn with them , expect either for the safety or enjoyment of their religion , lives , liberties , or estates when as those who devoted , designed * all the protestants in ireland ( though allied to them ) to the sword , had their conspiracy taken its full effect , uniesse they would presently renounce their religion and turne romish catholiques ; and have long since plotted the * kings owne death , if he comply not with them ; will doubtlesse spare no english protestants life , liberty , or estate , if they once obtaine the upper hand , unlesse they will become the popes sworne vassals . and the rather may they and we believe it , because some of the irish rebels lately landed at bristol , where they murthered two vintners and a tapster , beating out their braines , upon no just occasion at all , and yet were suffered to goe scotfree , and march up in sir ralph hoptons army against the parliament , as i am certainely informed by some lately come from thence ) have openly blamed the cavaliers , for that when bristol was surrendered , they did not put man , woman , and child therein to the sword notwith standing their articles ; though punctually observed in no particular , but violated in every thing , as were the articles since made with exceter and dartmouth ; a sufficient evidence how little trust is to be reposed either in the oathes , articles , promises , or protestations of the malignant popish party , whose very religion instructs them , to keepe no faith at all with hereticks , as they account all protestants . what security the protestant party and religion ; what restraint , disallowance , the romish fact●●● , and their roman catholicke errours , supersti●●ns , idolatries , shall receive , in case his majesty and the catholiques prevaile , will appeare by this observable passage in the french mercury , upon the kings first articles with spaine . from this days ( of king iames and his majesties swearing the spanish articles ) ( writes the * french mercury ) the sayd spanish ambassadours , began to solicite the execution and accomplishment of the promises of his majesty in favour of catholiques ; and after many opinions debated for the forme , and the better execution , it was in the end resolved , that his majesty should be supplied , to give every catholique in particular , a pardon under the great seale , for the penalties which they might have incurred by the lawes of parliament made against the catholiques . and that for the time to come his majesty should likewise by another act under the great seale also dispence and●permit them to exercise● their religion , every one by himselfe , provided that it were without publique scandall ; and that he should exempt them from all the lawes made against them , by what parliament soever it were . the said acts were delivered to the said embassadour on the behalfe of his majesty , by the lord bishop of lincolne keeper of the seale , under promises , that they should not all publish them untill that the marriage was accomp●● hed . see then ( writes mercury ) how all things were happily negotiated in england , from this time forwards the catholiques there were at rest , without feeling any persecution after the arriball of dan carlo coloma ; who with a great deale of zeale and diligence obtained the liberty of catholiques imprisoned throughout all england , ireland , and scotland . he likewise obtained , that the informers , pursivants established to seeke out , accuse , and pursue the catholiques , were prohibited to attempt any thing against them . the ingresse and egresse of the realme was left free to them without obligation , or swearing the dath of supremacy , having only his pasport . they might goe freely to heare masse in his chappell , in so great number and so publikely , that sometimes there have beene two or three thousand persons at it . i note who durst to speake against the marriage have been punished , amongst the most signall , the earle of oxford was sent prisoner to the tower of london . so as the * marquesse of buckingham writ ●nto spain that the informers , pursivants prisons , shall serve no more but onely for their owne ministers , and other persons zealous of the protestant religion ; ( which we have ever since experimentally found to be true . ) and by the aforesaid acts , the king permitted them in expresse words , the frée exercise of their religion . don carlo coloma hath likewise land the first stone of the chappell which shall be built for the infanta in the princes palace , and the building advanceth apace , to the regret , and to the contentment likewise of many , to see the building of a catholike church in the metropolitane city of the realme by publique authority , after that for an hundred yeers space before they had done nothing else there but destroyed them : i his and much more doth mercury truly relate , even in the yeere 1624. when the restauration of popery was but in the cradle , before the full consummation of the spanish match ; to what an altitude of soveraigne favour , power , authority then will popery and papists now arrive unto , after all their expences , services , sufferings , engagements for their majesties ? to what an extraordinary low ebbe and miserable condition will the protestant party and religion be reduced thorowout his majesties dominions , notwithstanding all his protestations ( in case he should now obtaine a conquest over the parliament and their adherents ) now popery and papists are almost arrived to their manly growth , vigour , and have both the king , queene , and their malignant councell so deeply ingaged to them both by oathes and articles ; i referre to all protestants forraigne and ●●esticke , most seriously to determine . these short qu●eres , with the premises duely pondered , and digested , should then ( methinkes ) induce every ingenious english protestant yet adhering to the court popish party , speedily to abandon , eternally to desert them , and now cordially to unite themselves to the parliament , and their protestant english brethren , to live or die together in the present defence of their endangered religion , lawes , liberties , and dearest country , which they cannot without highest impiety desert , or inhumanely oppose in this time of most apparent dangers , which threaten their subversion . wherefore , obesotted court-protestants , let me here intreat , advise you in gods owne language . to * come out from among these antichristian babylonians , to separate your selves sp●edily from the congregation , and to depart from the tents of these wicked , bloody men ; that ye be not partakers of their sinnes , and that ye receive not of their plagues : for their sinnes ( in their most barbarous treacherous butchering of gods saints both in ireland and england ) have now reached unto heaven , and god hath remembred their iniquities . reward romish babylon , and them , as they have rewarded you , and your protestant brethren in england , in ireland ; and double unto them double according to their worke ; in the cup which they have filled , fill them double . how much they have lately glorified themselves , so much sorrow give them : the rather , for that romish babylon now saith in heart , i sit as queene ( i would we could not truly complaine , by the underhand practices and conspiracies of kings and queens against gods true religion , saints ; ) and am no widow , i shall see no sorrow : therefore shall her plagues ( now suddenly ) come in one day , and mourning , and famine , and she shall be utterly burnt with fire ; at least thorowout his majesties dominions , if not the whole world ) for strong is the lord god who judgeth her ; and the kings of the earth who * have now given their strength and power to the beast , and make warre with the lamb ( who shall over come them , for that he is king of kings , and lord of lords , and they who are with him are called and chosen , and faithfull : ) and who have committed fornication , and lived deliciously with her , shall bewaile her and lament for her , when they shall see the smoake of her burning ; standing afar off , for the feare of her torment , saying , alas , alas that great city babylon , that mighty city , for in one hours is thy judgement come &c. for by her sorceries were all nations deceived : and in her was found the blood of prophets and of saints , and of all that were slain upon the earth : and therefore all the late shed protestant blood in ireland , in england , was originally shed by her procurement ( as appears by the popes owne briefe freshly published , for the inquiry after the death of such catholikes here in england as shall suffer any kinde of death in england for the catholike faith or cause during those wars , to the end they may be canonized for glorious saints and martyrs at rome , and by other evidences : ) and finally , doubtlesse shall be revenged in her everlasting punishment and subversion . matth. 18. 26. mar. 4. 22. feare them not therefore : for there is nothing covered that shall not be revealed ; and hid , that shall not be knowne and come abroad . finis . notes, typically marginal, from the original text notes for div a56192-e350 * see their remonstrance , and dr. iones , his book . * pag. 48 , 49. where this passage should have been inserted . * tom● . 9. an. 1624. p. 9. notes for div a56192-e540 * alberius gentiles , & hug● . grotius de jure belli . lib. 1. hen. bocerus de jure pugnae , l. 1. c. 5. georgius obrectus de belli principiis theses 50. to 82. hen. ranzo . bellici . commentarii , l. 1. c. 4. * isa. 54. 17. * acts 5. 38 , 39. mat. 16. 18. * psal. 44. 4 , 5. psal. 46● 11. * psal. 37. 20. * 〈◊〉 83● . 3. 〈◊〉 * exod. ●5 . 6 , 7 , 9 , 10 , 11. * exod. 15. 3. * isa. 2. 2 , 3 , 4. * rom. 16. 16. 1 pet. 5. 14. notes for div a56192-e1620 * many of them dying in prison . * see a new ●●●scovery of ●he prelates tyranny . * before the ●7 . articles , and upon the dissolutions of the two last ●abortive parliaments . * see prince ruperts his late warrant . a jer. 2. 12. b rev. 17. 14. c gen. 18. 25. d 1 tim. 1. 2 , 3. * psal. 83. 4. * psal. 2. 1 , 2 , 3 , 4 , 9. f psa. 76. ● psal. 110. 5●● psal. 107. 4. ●●ob 12. 21. g psal 135. ● 9. to 13. psal. 136. 10. to 23. judges 3. dan. 3. 5. acts 12. 23. h job 34 19. rom. 2. 6. i luke 18. 7 , 8. revel . 16. 6. c. 19. 2. k 1 king. 21. 2 king. 9. l iohn 16. 2. m dan. 2. 21. c. 4. 17. 27. c. 5. 20. 28. n psal. 78. 70 , 71 , 72. o rom. 13. 2. to 5. 1 pet. 2. 13 , 14. p isa. 49. 23 ●● q eccl. 2. 14. r mat. 10. 16. s eph. 5. 15. ● col. 4. 5. 〈…〉 * 〈…〉 see the mystery of iniquity . notes for div a56192-e3480 * wh●● then 〈◊〉 so ma●● letter this na●● grante others 〈◊〉 17 april . 10 car . p. 157 of the sessions book . maii. 4. car. p. 274. * nota. 28 march. 15. car. p. 304. 29 maii. 15 car. p. 312. 8 iunii . 15 car. p. 316. the reason of both these stais of proceedings was , because the papists should not be diverted from their contribution which they were then making for me . this was meerly to make a distinction betwixt the nobility and persons of meaner quality . i was informed that this was an illegall and undue proceeding , by as good lawyers as any are in the kingdome . particular favours must not make a president or rule for others . it is good reason that your pains and charges should be considered in this businesse . * which was never executed in any poynt . * see summa angelica & rosella : til. obedientia maffaeus vegius , & riba deniera , in vita ignatii loyalae , xavior : & auters bien heureux peres de la compagnie de iesus . * nota● * see romes master-piece . p. 23. 24 , 29. * these priests had liberty to goe & live abroad even whiles they were prisoners , the more safely to seduce the people . * that is to be released . * pag. 20 , 21 , 22. * o that the king should trust and stile such a traytor wel-beloved , and grant him such speciall grace , and protection . * novemb. 11 12. 1640. see the iournall book . * see how holdly they asperse the prosecutors and witnesses that dare appeare against them . * nota. * many who obscure themselves , are and may be lawfully indicted without notice , in cases of treason or felony , and thereupon outlawed to being them in * most ordinary , he should have said . * he means romane priests and catholikes , now abundantly varified in england and ireland . * see the iournal book nov. 11 , 12. 1640. nota. * 〈◊〉 master iohn whites first century of scandalous malignant priests , p. 29. 25. * in the coppie printed at shrewsbury . * our religion deemed but a novelty or faction , by the king. * to wit the roman catholique . * loe the true cause of the kings hazarding his kingdomes state & life in these present wars against the parliament to advance popery . * lord digby who now swayes in his councels very much . * and after that another from the succeeding pope . p. 133. * nota * popish . * king of spaine . * the king of england . * prince charles . * papists . * king iames. * king iames. * this prince charles expressed in the english coppie of the letter to the pope , though but implied in the french. * mercurie francois tom. 9. an. 1624. p. 28. 29. * mercurie francois tom. 9. p. 470. &c. an. 1623. * ibid p 533 to 539. * ibid p. 509 , 510 &c. * page 517. to 522. * ibid p. 522● 523. not● . * tom. 9 page 〈◊〉 . * nota. * nota , * they were not such nor so esteemed when the gunpowder plot was discovered . see 3 iac. c. 1. to 6. and the kings procl●mations that year . & 6. iac. * nota , the cause why the parliament are now proclaimed traitors by his majesty . * dr. hackwel and others writ against this popish match which divers bishops approved of as lawfull . * page 517. &c. an. 1623. & p. 19. to 30 an. 1624. nota. nota. nota. nota ben● . * ibidem , p. 9. a the vocall forrest , mercure francois , tom. 9. an. 1624● p. 10. & b mercure francois à paris aves privilege anno 1625. f. 480. tom. ● . & mentioned . tom. 11. p. ●53 . &c. where the whole solemnity of this marriage is described . c 〈◊〉 falloit envoyer à rome , mercure francois , p. 479. nota. nota. nota. a the french coppy in king iames 〈◊〉 time runs thus , l● r●y & le prince , s' obligent pur serment ●●e ne tasc●er pur quelque voy que●●e puisse estre , faire renoncer madame à la religion catholique , apostolique & romaine , ny la po●ter à ascune ch●se , qui●y soit contrarie . ●e have little hopes the● of ●er coversion to our religion . b mercurie francois , tom. 10. p. 487. a paris ave● privilege le r●y. an. 1625. * see mercure francois , tom. 9. an. 1624. p 28 to 31. * who would a●mit none ●●vings or the ministery , but such who must 〈◊〉 subscribe , that the church of rome is a true church , that it is lawfull to how to altars , that all baptized infants are truly regénerated and certainly saved if they d● , that bishops are iu●re divino , that ministers power to rem● sins is n●t meerly declarative . * see master ●hites first century . a bernardi●us de busti . mar●al . pars 3. ser. 3. exce . 4. pars ● . ser. 2. gabrid biel in c●no●e m●ss●e lect. 8 c. 〈◊〉 gerson . tract . 4. super magnificat . ●ab . deniera . pleuers des vies des saincts . feste de● ' assomption nostre dame anselm●s cant. de laud. mariae , and others . nota , * see the popes briefe . * see my catalogue of testimonies in all ages , to prove the parity , and identity of bishops and presbyters . the 3. squadron . popish bishops the greatest and speediest meanes to promote popery : * in gen. 6. b marius de schis●ate l. 4. polychron . li. 4. c. 36. iammes de parisiis c. 22. in vita sylvestri . * for example : the pope not antichrist . prayer for the dead : limbus patrum . pictures : crucifixes , altars to be used and adored : auricular confession : transubstantiation : free-will ; predestination : universall grace . that all our works are not sinnes : merit of good works : inherent justice : faith alone doth not justifie : charity is to be preferred before knowledge : traditions : councel● . the law p●ssible to be kept , &c. d a little booke so intituled , printed 1636. e sunday no sabbath , printed 1636. f canons , ● 1571. can. 19. * for his god and the king. * 1 cor. 4. 9. * 27 eliz. c. 2. * so he writes p. 257. * rom. 1. * a falshood : for the primitive church had no altars , as is largely and freshly proved : in the quench coal in the holy table , name , and thing , more anciently , properly , and literally used under the new testament then that of an altar . written in answer to dr. coal ( alias , a coal from the altar ) printed for the diocesse of lincolne 1636. * one knightly , a popish priest , directed how the new altar ●t coventry should be erected , according to the patterne of the popish altars . * see mr. b●rtons for god and the king. * cum capitalis sit inimicus , publicusqu● hostis , tamen in propria cause actor , restis & judex est , id quod nec apud turcas , neque s●racenos , neque samaias fieri solet . eos qui fidem caesari servant & christo servatori nostro praecipienti obtemperant , nec ullam aliam ob causam haereseos no● a inurit . quicquid libet licitum judicas . divin● bumana decreta juxta contemnit alque conturbat . ius gentium violat . leges naturae prophanas , sacra polluit , indicta causa , nec dum , reos condeman , aventinus . annal. bejorum l. 7. p. 611. * here is the modus defined which his arch-grace challenged all divines to determine . * see fox acts and monuments , and antiqui●ates eccles. brit. in his life . * see romes m●ster-piece , p. 16. 27. * bish. neale . * see mr. tindals practice of popish prelats . dr. barnes his supplication , & 28 h. 8. c. 10. matth. 5. * see the popes briefe , p. 35 , 36 37. * yea , & french papists too . * so the shrewsbury copy stiles them . * see dr. iones booke of examinations . * see romes master-piece . * tom. 9 an. 1624. p. 27 , 28 , 29 , 30. two acts pianted to the ●●●●●likes : th● one in porting a pardon of the penalties which they might have inquired by the lawes of parliaments ; and the other for the exercise of their religion , every one by himselfe without scar. dall . of the repose which the catholiques received in england after that don carlo coloma was there extraordinary ambassadour of his catholique majesty . they shall be no more obliged to take the oath of supremacy . * note this well . * 2 cor. 6. 11. num. 16. 21 , 24 , 26. isay 52. 11. rev. 18. 4 , 5 , 6 , 7 , 8 , &c. * revel . 17. 13 , 14 , &c. a legall vindication of the liberties of england, against illegall taxes and pretended acts of parliament lately enforced on the people: or, reasons assigned by william prynne of swainswick in the county of sommerset, esquire, why he can neither in conscience, law, nor prudence submit to the new illegall tax or contribution of ninety thousand pounds the month; lately imposed on the kingdom, by a pretended act of some commons in (or rather out of) parliament prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56178 of text r206108 in the english short title catalog (wing p3996a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 141 kb of xml-encoded text transcribed from 29 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56178 wing p3996a estc r206108 99825387 99825387 29769 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56178) transcribed from: (early english books online ; image set 29769) images scanned from microfilm: (early english books, 1641-1700 ; 2038:30) a legall vindication of the liberties of england, against illegall taxes and pretended acts of parliament lately enforced on the people: or, reasons assigned by william prynne of swainswick in the county of sommerset, esquire, why he can neither in conscience, law, nor prudence submit to the new illegall tax or contribution of ninety thousand pounds the month; lately imposed on the kingdom, by a pretended act of some commons in (or rather out of) parliament prynne, william, 1600-1669. [2], 55, [1] p. printed for robert hodges, and are to be sold by him, london : 1649. caption title on p. 1 reads: reasons assigned by william prynne, &c. with postcript, a reply to: lilburne, john. the legall fundamentall liberties of the people of england revived, asserted, and vindicated. p. 55 correctly numbered. no errata on p. 55. reproduction of the original in the british library. eng lilburne, john, 1614?-1657. -legall fundamentall liberties of the people of england revived, asserted, and vindicated -early works to 1800. england and wales. -public general acts. 1649-04-07 -controversial literature -early works to 1800. taxation -england -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a56178 r206108 (wing p3996a). civilwar no a legall vindication of the liberties of england, against illegall taxes and pretended acts of parliament lately enforced on the people: or, prynne, william 1649 26035 236 5 0 0 0 0 93 d the rate of 93 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2002-04 tcp assigned for keying and markup 2002-04 apex covantage keyed and coded from proquest page images 2002-05 tcp staff (michigan) sampled and proofread 2002-05 john latta text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion a legall uindication of the liberties of england , against illegall taxes and pretended acts of parliament lately enforced on the people : or , reasons assigned by william prynne of swainswick in the county of sommerset , esquire , why he can neither in conscience , law , nor prudence submit to the new illegall tax or contribution of ninety thousand pounds the month ; lately imposed on the kingdom , by a pretended act of some commons in ( or rather out of ) pa●liament . esay 1. 7. he looked for judgment , but behold oppression ; for righteousness , but behold a cry . psal. 12. 5. for the oppression of the poor , for the sighing of the needy ; now will i arise ( saith the lord ) and will set him in safety from him that would ensnare him . exod. 6. 5 , 6. i have also heard the groaing of the children of israel , whom the aegyptians keep in bondage ; and i have remembred my covenant . wherefore say unto the children of israel , i am the lord , and i will bring you out from under the burdens of the aegyptians ; and i will rid you out of their bondage : and i will redeem you with a stretched out arm , and with great judgments . eccles. 4. 1 , 2. so i returned and considered all the oppressions that are done under the sun , and beheld the te●rs of such as were oppressed , and they had no comforter ; and in the hand of their oppressors there was power , but they had no comforter : wherfore i praised the dead which are already dead , more then the living which are yet alive . london , printed for robert hodges , and are to be sold by him . 1649. reasons assigned by william prynne , &c. being on the 7th of this instant june 1649 informed by the assessors of the parish of 〈◊〉 , that i was assessed at 2 l. 5 s. for three months contribution , by vertue of a ( pretended ) act of the commons 〈◊〉 in parliament , bearing date the seventh of april last , assessing the kingdom at ninty thousand pounds monthly , beginning from the 25 of march last , and continuing for six months next ensuing , towards the maintenance of the forces to be continued in england and ireland , and the paying of such as are thought fit to be disbanded , that so free-quarter may be taken off ; whereof 3075 l. 17 s. 1 d. ob . is monthly imposed on the county , and 2 l. 5 s. 3 d. on the small poor parish where i live ; and being since , on the fifteenth of june required to pay in 2 l. 5 s. for my proportion : i returned the collector this answer , that i could neither in conscience , law nor prudence in the least measure submit to the voluntary payment of this illegall tax , and unreasonable contribution , ( after all my unrepaired losses and sufferings for the publick libertie ) amounting to six times more then ship-money , ( the times considered ) or any other illegall tax of the late beheaded king , so much declaimed against in our three last parliaments , by some of those who imposed this . and that i would rather submit to the painfullest death and severest punishment the imposers or exactors of it could inflict upon me by their arbitrary power ( for legall they had none ) then voluntarily pay , or net oppose it in my place and , calling to the uttermost , upon the same , if not better reasons , as i oppugned ( a ) ship-money , knight-hood , and other unlawfull impositions of the late king and his councell heretofore . and that they and all the world might bear witnesse , i did it not from meer obstinacy or sullennesse ; but out of folid rea●…l grounds of conscience , law , prudence , and publick affection to the weal and liberty of my native country ( now in danger of being enslaved under a new vassallage , more grievous then the worst it ever yet sustained under the late , or any other of our worst kings ) i promised to draw up the reasons of this my ref●…sall in writing , and to publish them , so soon as possible , to the kingdom for my own vindication , and the better information and satisfaction of all such as are any wayes concerned in the imposing , collecting , levying or paying of this strange kinde of contribution . in pursuance whereof , i immediatly penned these ensuing reasons ; which i humbly submit to the impart●…all censure of all ●…nscientious and judicious englishmen ; desiring either their in●…enuous refutation , if erroneous ; or candid approbation , if substantiall and irrefr●…gable , as my conscience and judgement perswade me they are , and that they will appear so to all impartial perusers , after full examination . first , by the fundamental laws , and known statutes of this realm , no tax , tallage , ayd , imposition , contribution , loan or assessement whatsoever , may or ought to be opposed or levied on the free men and people of this realm of england , but by the will and common assent of the earls , barons , knights , burgesses , commons , and whole realm in a free and full parliament , by act of parliament : all taxes , &c. not so imposed , levied ( though for the common defence and profit of the realm ) being unjust , oppr●…ssive , inconsistent with the liberty and property of the subject , laws and statutes of the realm ; as is undenyably evident by the expresse statutes of magna charta , cap. 29 , 30. 25. e. 1. c. 5. 6. 34. e. 1. de tallagio non concedendo , cap. 1. 21. e. 3. rot. parl. n. 16. 25. e. 3. c. 8. 36. e. 3. rot. parl. n. 26. 45. e. 3. rot. parl. n. 42. 11. h. 4. rot. parl. n. 10. 1. r. 3. c. 2. the petition of right , and resolutions of both houses against loans , 3 caroli : the votes and acts against ship-money , knighthood , tonnage and poundage , and the star-chamber this last parliament , 17. & 18. caroli . and fully argued and demonstrated by mr. william hackwell in his argument against impositions ; judg hutton and judg crook in their arguments , and mr. st. john in his argument and speech against ship money , with other arguments and discourses of that subject : sir edward cook in his 2 instit. ( published by order of the commons house ) ●…ag 59. 60. &c 527 , 528 , 529 , 532 , 533 &c. with sundry other r●…cords and law-books cited by those great rab●…ies of the law , and patriots of the peoples liberties . but the present tax of ninety thousand pounds a month , now exacted of me , was not thus imposed . therefore it ought not to be demanded of , nor levied on me ; and i ought in conscience , law and prud●…nce to withstand it as unjust , oppr●…ssive , inconsistent with the liberty and property of the subject , laws and statutes of the realm . to make good the assumption , which is only questionable . first , this tax was not imposed in , but out of parliament , the late parliament being actually dissolved above two months before this pretended act by these tax-imposers taking away the king by a violent death , as is expresly resolved by the parliament of 1 h. 4. rot. parl. n. 1. by the parliament of 14 h. 4. and 1 h. 5. rot. parliam . n. 26. cook 4 institutes p. 46. and 4. e. 4 44. b. for the king being both the head , beginning , end and foundation of the parliament ( as modus tenendi parliamentum : and sir edward cooks 4. instit. p. 3. resolve ) which wa●… summoned and constituted only by his writ now ( b ) actually abated by his death : and the parliament ( as it is evident by the clauses of the severall writs of summons to ( c ) the lords , and for the election of knights and burgesses , and levying of their wages ) being onely parliamentum nostrun , the kings parliament that is dead not his h●…irs and succ●…ssors ; and the lords and commons being all summoned and authorized by it to come to his parliament , there to be present , and conferre with him ( nobiscum , not his heirs and successors ) of the weighty urgent aff●…ires that concerned ( nos ) him and his kingdome of england ; and the k●…ights and burgesses receiving their wages for , nuper ad nos ad parliamentum nostrum veniendo , &c. quod sommoneri fecimus , ad tracta●…dum ibidem super diversis & arduis negotiis nos & sta●…um regninostri tangentibus , as the tenor of the ( d ) writs for their wages determines . the king being dead , and his writ and authority by which they are summoned , with the ends for which they were called ( to confer with him , about hi●… , and his kingdoms affairs , &c. being thereby absolutely determined , without any hopes of revivall ; the parliament it self must thereupon absolutely be determined likewise ( especially to those who have dis-inherited his heirs and successors , and voted down our monarchy it self ) and these with all other members of parliament , cease to be any longer members of it , being made such only by the kings abated writ ; even as all judges , justices of peace , and sheriffs made only by the kings writ or commission , not by letters patents , cease to be judges , justices , and sheriffs by the kings death , for this very reason , because they are constituted justiciarios & vicecomites nostros ad pacem nostram , &c. custodiendam ; and he being dead , and his writs and commissions expired by his death , they can be his judges , justices , and sheriffs no longer to preserve his peace , &c. ( no more then a wife can be her deceased husbands wife , and bound to his obedience , from which she was loosed by his death , rom. 7. 2 , 3. ) and his heirs and successors they cannot be , unlesse he please to make them so by his new writs or commissions , as all our ( e ) law-books and judges have frequently resolved upon this very reason , which equally exnends to members of parliament , as to judges , justices and sheriffs , as is agreed in 4 e. 4. 43 , 44. and brooke , office and officer , 25. therefore this tax being clearly imposed not in , but out of , and after the parliament ended by the kings decapitation , and that by such who were then no lawfull knights , citizens , burgesses or members of parliament , but onely private men , their parliamentary authority expiring with the king , it must needs be illegall , and contrary to all the fore-cited statutes ; as the convocations and clergies tax and benevolence granted after the parliament dissolved in the year 1640. was resolved to be by both houses of parliament , and those adjudged high delinquents who had any hand in promoting it . 2. admit the late parliament still in being , yet the house of peers , earls and barons of the realm were no ways privie nor consenting to this tax , imposed without , yea , against their consents in direct afsront of their most ancient undubitable parliamentary right and priviledges , ( these tax-masters having presumed to vote down and null their very house , by their new encroached transcendent power ) as appears by the title and body of this pretended act , entituled by them , an act of the commons assembled in parliament : whereas the hou●…e of commons alone , though full and free , have no more lawfull authority to impose any tax upon the people , or make any act of parliament or binding law without the kings or lords concurrence , then the man in the moon , or the convocation , anno 1640. after the parliament dissolved ( as is evident by the e●…press words of the fore-cited acts , the petition of right it self ; 〈◊〉 , for the trienniall parliament ; and against the proroguing or di●…olving this parliament , 17. caroli : with all our printed statutes , (f) parliament-rolls , and (g) law-books : ) they neither having nor challenging the sole legislative power in any age ; and being not so much as summoned to , nor constituting m●…mbers of our (h) ancient parliaments , ( which co●…sisted of the king and spirituall and temporall lords , without any knights , citizens or burgesses , as all our histories and records attest ) till 49 h. 3. at soonest ; they having not so much as a speaker or commons house , til after the beginning of king ed. the third's reign , and seldom or never presuming to make or tender any bills or acts to the king or lords , but petitions only for them to redress their grievances and enact new laws , til long after rich. the seconds time , as our parliament rols , and the printed prologues to the statutes of 1. 4. 5. 9. 10. 20. 23. 36. 37. and 50. e●… . 4. 1 rich. 2. 1. 2. 4. 5. 7. 9. 11. 13. hen. 4. 1. 2. 3. 4. 8. 9. he●… 3. 1. 2. 3. 4. 6. 8. 9. 10. 11. 14. 15. 29. 28. 29. 39. hen. 6. ●… . 4. 7. 8. 12. 17. 22 ed. 4. and 1 rich. 3. evidence ( which run all in this form , at the parliament holden , &c. by the advice and assent of the lords spirituall and temporall and at the speciall instance and request of the commons of the realm , ( by their petitions put in the said parliame●… , as some prologues have it . ) our lord the king hath cau●…ed to be ordaine●… , or ordained certain statutes , &c. ) where the advising and assenting to lawes is appropriated to the lords ; the ordaining of them to the king ; and nothing but the reque●…ting of , and petitioning for them to the commons , both from king and lords , in whom the legislative power principally , if not sose●…y resided ; as is manifest by the printed prologue to the statute of merton . 20. hen. 3. the statute of mortemain 7 ed. 1. 31. ed. 1. de asportatis religiosorum , the statute of sheriffs , 9. e. 2. and of the templers , 17 e. 2. to cite no more . therefore this tax imposed by the commons alone without king or lords , must needs be void , illegall , and no ways obligatory to the subjects . 3. admit the whole house of commons in a full and free parliament had power to impose a tax , and make an act of parliament for levying it without king or lords ; ( which they never did , nor pretended to in any age ) yet this act and tax can be no ways obliging , because not made and imposed by a full and free house of commons , but by an empty house , packed , swayed , over-awed by the chief officers of the army , who have presumed by meer force and armed power , against law and without president , to seclude the major part of the house ( at least 8 parts of 10 ) who by law and custom are the house it self , from sitting or voting with them , contrary to the freedom and priviledges of parliament ; readmitting none but upon their own terms . an usurpation not to be paraleld in any age , destructive to the very being of parliaments ; (i) where all members ex debito justiciae , should with equal freedom meet and speak their minds : injurious to all those counties , cities , boroughs , whose knights , citizens and burgesses are secluded , and to the whole kingdom ; yea , contrary to all rules of reason , justice , policy , conscience , and their own , agreement of the people , which inhibit the far lesser part of any councel , court , or committee , to oversway , seclude or fore-judg the major number of their assessors and fellow-members , over whom they can no ways pretend the least jurisdiction , it being the high-way to usher tyranny and confusion into all councels & realms , to their utter dissolution , since the king alone without lords and commons , or the lords alone without king or commons , may by this new device make themselves an absolute parliament to impose taxes and enact laws without the commons , or any other forty or fifty commoners meeting together without their companions do the like , as well as this remnant of the commons make themselves a compleat parliament without king , lords , or their fellow-members , if they can but now or hereafter raise an army to back them in it , as the army doth those now sitting . 4. suppose this tax should binde these counties , cities , and burroughs , whose knights , citizens and burgesses sate and consented to it when imposed , ( though i dare swear imposed against the minds and wils of all or most of those they represent ; ( who by the (k) armies new doctrine , may justly question and revoke their authority for this high breach of trust ; the rather , because the knights and burgesses assembled in the first parliament of 13. e. 3. rot. parl. n 8. did all refuse to grant a great extraordinary subsidie then demanded of them ( though not comparable to this ) for the necessary defence of the kingdom against foraign enemies , till they had conferred with the counties and burroughs for which they served , and gained their assents : ) yet there is no shadow of reason , law or equity , it should oblige any of the secluded members themselves , whereof i am one ; or those counties , cities or burroughs , whose knights , citizens and burgesses have been secluded or scared thence by the armies violence , or setling members illegall votes for their seclusion ; who absolutely disavow this tax and act as un-parliamentary , illegall , and never assented to by them in the least degree ; since the onely (l) reason in law , or equity , why taxes or acts of parliament oblige any member , county , burrough or subject , is , because they are parties and consenting thereunto either in proper person ; or by their chosen representatives in parliament ; it being a received maxime in all laws , quod tangit omnes , ab omnibus debet approbari . upon which reason it is judged in our (m) law-books , that by-laws oblige onely those who are parties , and consent unto them , but not strangers , or such who assented not thereto . and ( whiich comes fully to the present case ) in 7. h. 6. 35. 8. h. 6. 34. brook ancient demesne 20. & parl. 17. 101. it is resolved , that ancient demesne is a good plea in a writ of waste upon the statutes of waste , because those in ancient demesne were not parties to the making of them , for that they had no knights nor burgesses in parliament , nor contributed to their expences . and judge brook parliament 101. hath this observable note , it is most frequently found , that wales and county palatines , which came not to the parliament ( in former times , which now they do ) shall not be bound by the parliament of england : for ancient demesne is a good plea in an action of waste and yet ancient demesne is not excepted : and it is enacted , 2. ed. 6. cap 28. that fines and proclamation shall be in chester , for that the former st●…tutes did not extend to it : and it is 〈◊〉 , th●… a fine and proclamation shall be in lancaster . 5. & 6. ed. 6. c. 26. and in a pro●…lamation upon an exigent is given by the statute in chester a●…d wales , 1. e. 6. c. 20. and by anot●…er act to lancaster , 5. & 6. e. 6. c. 26. and the statutes of justices of peace extended not to wales and the county palatine ; and therefore an act was made for wales and chester , 27. h. 8. c. 5. who had knights and burgesses appointed by that parliament for that and future parliaments by act of parliament , 27. hen. 8. cap. 26. since which they have continued their wages being to be levied by the statute of 35. h. 8. c. 11. now , if acts of parliament bound not wales and counties . palatines , which had anciently no knights not burgesses in parliament to represent them , because they neither personally nor representatively were parties and consenters to them ; much lesse then can or ought this heavie tax , and illegall act to binde those knights , citizens and burgesses , or those counties , cities and burroughs they represented , who were forcibly secluded , or driven away from the parliament by the confederacy , practice , or connivance at least , of those now sitting , who imposed this tax , and passed this strange act ; especially , being for the support and continuance of those offcers , and that army who traiterously seised and secluded them from the house , and yet detain some of them prisoners , against all law and justice . the rather , because they are the far major part ( above six times as many as those that sate and shut them out ) and would no wayes have consented to this illegall tax , or undue manner of imposing it , without the lords concurrence , had they been present . and , i my self , being both an unjustly imprisonsd and secluded member , and neither of the knights of the county of somerset , where i live , present or consenting to this tax or act , one or both of them being forced thence by the army , i conceive neither my self , nor the county where i live , nor the borough for which i served , in the least measure bound by this act or tax , but cleerly exempted from them , and obliged with all our might and power effectually to oppose them . if any here object , that by the custom of parliament forty members onely are sufficient to make a commons house of parliament and there were at least so many present when this tax was imposed : therefore it is valid and obligatory both to the secluded absent members and the kingdom . i answer , first , that though regularly it be true , that forty members are sufficient to make a commons house to begin prayers , and businesses of lesser moment in the beginning of the day , till the other members come , and the house be full ; yet 40 were never in any parliament reputed a compe●…ent number to grant subsidies , passe , or read bills , or debate or conclude matters of greatest moment ; which by the constant rules & usage of parliament , were never debated , concluded , passed , but in a free and full house , when all or most of the members were present , as the parliament rolls , journals , modus te●…ndi parliamentum , sir edward cooks 4 institu●…s , p. 1. 2 26. 35. 36. cromptons jurisdiction of courts , f. 1 &c. 39. e. 3. 7. brook parliament . 27. 1. jac. c. 1. and the many records i have cited to this purpose in my levellers levelled , my plea for the 〈◊〉 , and memento , p. 10. abundantly prove beyond contradiction●… ; for which cause the members ought to be fined , and lose their ●…ges , if absent without sp●…cial li●…nce , as . modus t●…nexdi parliamentum , 5 r. 2. par. 2. c. 4. 9. h. 8. c. 16. and a co●…ection of all orders , &c. of the late parliament , pa. 294. 357. with their frequent summoning and fining absent members , evidence . secondly , though fo●…ty members onely may peradventur●… make an house in cas●… of absolu●…e nece●…y , when ●…he r●…st through sicknes , & publick or private occasions , are volu●…rily or negligently absent ; and might freely repair thither to sit or give their votes if they pleased : yet forty members nev●…r yet made a common●… house by custome of parliament ( ●…here being never any such case til now ) when the rest ( being above ●…our hundred ) were forcibly secluded , or driven thence by an army , through the practice or connivance of those forty sitting , o●… purpose that they should not over nor counte●…-vote them ; much lesse an house to sequester or expell the other members , or impose any tax upon them . till they shew me such a l●…w , custom or president of parliament ( not to be found in any age ) all they pretend is nothing to purpo●…e , or the present case . thirdly , neither forty members , nor a whole house of commons were ever enough in any age , by the custome of parliament or law of england , or impose a tax , or make any act of parliament , without the king and lords , as i have n already proved ; much l●…sse after they ceased to be members by the parliaments dissolution through the kings beheading ; neither w●…re they ever invested with any legall power to seclude or exp●…l any of their felow members ( especially , if duly elected ) for any vote wherein the majority of the house concurred with them , or differing in their consciences and judgements from them ; nor for any other cause , without the kings and lords concurrence ( in whom the ordinary judiciall power of the parliament resides ) as i have undeniably proved by presidents and reasons in my plea for the lords , p. 47. to 53. and ardua regni , which is further evident by claus. dors. 7. r. 2. m. 32. & mr. seldens titles of honor , p. 737. banneret camoys case , discharged from being knight of the shire by the kings writ and judgment alone , without the commons vote , because a peer of the realm ; the practice of s●…questring and expelling commons by their fellow-commons only , being a late dangerous , unparliamentary usurpation ( unknown to our ancestors ) destructive to the priviledges and freedom of parliaments , and injurious to those counties , cities , boroughs , whose trustees are secluded ; the house of commons it self being no court of justice to give either an oath or finall sentence , and having no more authority to dismember their fellow-members , then any judges justices of peace , or committees have to disjudg , disjustice , or discommittee their fellow . judges , justices , or committee-men , being all of equall authority , and made members only by the kings writ and peoples election , not by the houses , or o●…her members votes ; who yet now presume both to make and unmake , seclude and recal , expel and restore their fellow-members at their pleasure , contrary to the practice and resolution of former ages , to patch up a factious conventicle , instead of an english parliament . therefore this objection no waye●… invalids this first reason ; why i neither can nor dare submit to this illegal tax in conscience , law , or prudence , which engage me to oppose it in all these respects . if any object , that true it is , the parliament by the common law and custome of the realm determines by the kings death ; but by the statute of 17 caroli , which enacts , that this present parliament now assembled shall not be dissolved unlesse it be by act of parliament to be passed for that purpose ; continues this parliament still in being , notwithstanding the kings beheading , since no act of parliament is passed for its dissolution . the only pretext for to support the continuance of the parliament since the kings violent death . to this i answer , that it is a maxime in law , that every statute ought to be expounded according to the intent of those that made it , and the mischiefs it intended onely to prevent , as is resolved in 4. edw. 4. 12. 12. edw. 4. 18. 1. h. 7 12 13. plowd . com fol. 369. and cooks 4. instit. p. 329 , 330. now the intent of the makers of this act , and the end of enacting it , was not to prevent the dissolution of this parliament by the kings death ( no ways intimated or insinuated in any clause thereof , being a cleer unavoydable dissolution of it to all intents not provided for by this law , ) but by any writ or proclamation of the king , by his regal power , without consent of both houses ; which i shall manifest by these ensuing reasons . first , from the principal occasion of making this act. the king ( as the commons in their * rem●…nstrance of the state of the kingdom , 15 decemb. 1642 , complain ) had dissolved all former parliaments during his reign without and against both houses approbation , to their great discontent and the kingdoms prejudice , as his father king james had dissolved others in his reign : and during their continuance adjourned and prorogued them at their pleasure . now the fear of preventing of the like dissolution , prorogation , or adjournment of this parliament after the scotish armies disbanding , before the things mentioned in the preamble were effected by the kings absolute power , was the only ground & occasion of this law ( not any fear or thoughts of its dissolution by the king untimely death ) then not so much as imagined , being before the warrs or irish rebellion brake forth ) the king very healthy , not ancient , and likely then to survive this parliament , and many others , in both houses judgment , as appears by the bill for trienniall parliaments . this undeniable truth is expresly declared by the commons themselves in their foresaid romonstrance ; exact collection p. 5. 6. 14. 17. compared together ; where in direct terms they affirm , the abbrupt dissolution of this parliament is prevented by another bil , by which it is provided it shall not be dissolved or adjourned without the consent of both houses : in the bill for continuance of this present parliament , there seems to be some restraint of the royal power in d ssolving of parliaments ; not to take it out of the crown , but to suspend the execution of it for this time and occasion only ; which was so necessary for the kings own security , and the publick peace , that without it we could not have undertaken any of these great charges , but must have left both the armies to disorder and confusion , and the whole kingdom to blood and rapine . in which passages we have a clear resolution of the commons themselves , immediately after the passing of this act ; that the scope and intention of it was only to provide against the kings abrupt dissolution of the parliament by the meer royall power in suspending the execution of it for this ti●…e and occasion only ; and that for the kings own security , ( not his heirs and successors ) as well as his peoples peace and safety . therefore not against any dissolutions of it by his natural ( much lesse his violent ) death ; which can no ways be interpreted , an act of his royall power , which they intended hereby , not to take out of the crown , but only to suspend the execution of it for this time and occasion , and that for his security : but a naturall impotency , or unnaturall disloyalty , which not only suspends the execution of the kings power for a time , but utterly destroies and takes away him and it without hopes of revival for ev●…r . secondly , the very title of this act ( an act to prevent inconveniences which may happen by the untimely adjourning , proroguing or dissolution of this present parliament ) intimates as much , compared with the body of it , which provides , as wel against the adjourning and proroguing of both or either houses without an actof parliament , as against the dissolution of the parliament without an act. now the parliament cannot possibly be said to be adjourned or pr●…gued in any way or sence , much less untimely , by the kings death , ( which never adjourned or prorog●…d any parliament , ) but only by his proclamation , writ , or royal command , to the houses or their speaker , executed during his life ; as all our journals , ‖ parliament rolls and * law-books resolve , though it may be dissolved by his death , as wel as by his proclamation , writ , or royal command . and therefore this title and act coupling adjourning , proroguing and dissolving this parliament together without consent of both houses , by act of parliament , intended only a dissolution of this parliament by such prerogative wayes and meanes by which parliaments had formerly been untimely adjourned and prorog●…ed as well as dissolved by the kings meer will without their assents ; not of a dissolution of it by the kings death which never adjourned nor prorogued any parliament , nor dissolved any formerly sitting parliament in this kings reign , or his ancestors since the deathof king henry the 4th ; the only parliament we read of dissolved by death of the king since the conquest ; and so a mischief not intended nor remedied by act . thirdly , the prologue of the act implies as much ; whereas great sums of money must of necessity be speedily advanced & procured for the relief of his majesties army and people ( not his heirs or successors ) in the northern parts : &c. and for supply of other his majesties present and urgent occasions ( not his heirs or successors future occasions ) which cannot be so timely effected as is requisite , without credit for raising the said monies ; which credit cannot be attained , until such obstacles be first removed as are occasioned by fear , jealousies and apprehensions of divers of his majesties loyal subjects that the parliament may be adjourned , prorogued or dissolued ( not by the kings sodain or untimely death , of which there was then no fear , jealousy or apprehension in any his majesties loyal subjects , but by his royal prerogative and advice of ill councellors ) before justice shall be duly executed upon delinquents ; ( then in being , nor sprung up since ) publique grievances ( then complained of ) r●…dressed , a firm peace betwixt the two nations of england and scotland concluded , and before sufficient provisions be made for the repayment of the said moneys ( not others since ) so to be raised : all which the commons in this present parliament assembled having duely considered , do therefore humbly beseech your majesty , ●…at it may be declared and enacted , &c. ●…ll which expressions , relate●… onely to his late majesty only , not his heirs and successours ; and the principal scope of this 〈◊〉 , to gain present credit to raise moneys to disband the scotish and english armies then lying upon the kingdom , being many yeers since accomplished ; yea and justice being since executed upon strafford , canterbury , and other delinquents then complained of ; the publick grievances then complained of ( as star-chamber , high-commission , ship-money , tonnage and poundage , fines for knighthood , bishops votes in parliament , with their courts and jurisdictions and the like ) redressed by acts soon after passed , and a firm peace between both nations concluded before the wars began ; and this preamble's pretentions for this act fully satisfied divers years before the king's beheading ; it must of necessity be granted , that this statute never intended to continue this parliament on foot after the kings decease ; especially after the ends for which it was made were accomplished : and so it must necessarily be dissolved by his death . fourthly , this is most clear by the body of the act it self : and be it declared and enacted by the king our soveraign lord , with the assent of the lords & commons in this present parliament assembled , & by the authority of the same , that this present parliament now assembled , shall not be dissolved , unlesse it be by act of parliament to be passed for that purpose ; nor shall any time or times during the continuance there of be prorogued or adjourned , unlesse it be by act of parliament to be likewise passed for that purpose . and that the house of peers shall not at any time or times during this present parliament be adjourned , unlesse it be by themselves ; or by their own order . and in like manner that the house of commons shall not at any time or times during this present parliament be adjourned unless it be by themselves , or by their own order . whence it is undeniable , 1. that this act was only for the prevention of the untimely dissolving , proroguing and adjourning of that present parliame nt then assembled , and no other . 2. that the king himself was the principal member of his parliament , yea , our soveraign lord , and the sole declarer and enacter of this law , by the lords and commons assent . 3. that neither this act for continuing , nor any other for dissolving , adjourning or proroguing this parliament could be made without , but only by and with the kings royal assent thereto ; which the lords and commons assembled in parliament in their * remonstrance of the 26. of may 1642 : oft in termin●… acknowledge , together with his negative voice to bils . 4. that it was neither the kings intention in passing this act to shut himself out of parliament , or create members of a parliament without a king , as he professed in his {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . c. 5. p. 27. nor the lords nor commons intendment to dismember him from his parliament , or make themselves a parliament without him ; as their foresaid remonstrance testifies , and the words of the act import : neither was it the kings , lords or commons meaning by this act to set up a parliament onely of commons ( much lesse of a remnant of a commons house selected by colonel pride , and his confederates of the army to serve their turns , and vote what they prescribed ) without either king or house of peers , much le●…se to give them any super-transcendent authority to vote down and abolish the king and house of lords , and make them no members of this present or any future parliaments , without their own order or a●…sent , against which so great usurpation and late dangerous unparliamentary encroachments this very act expresly provides in this clause , that the house of peers ( wherein the king sits as soveraign when he pleaseth ) shall not at any time or times during this present parliament be adjourned ( much less then dissolved , excluded , or suspended from sitting or voting , which is the greater , and that by their inferiours in all kindes , a fragment of the commons house , who can pretend no colour of jurisdiction over them , before whom they alwayes stood bare-headed , like so many grand-jury-men before the judges , and attended at their doors and bar to know their pleasures : ) unlesse it be by themselves , or by their own order . 5. that neither the king , lords nor commons intended to set up a perpetuall parliament , and intail it upon them , their heirs and successors for ever , by this act , which would cross and repeal the act for 〈◊〉 parliame●…ts made at the same time , and on the same * day in law ; but to make provision only against the untimely dissolving of this , till the things mentioned in the prèamble were accomplished and setled ; as the preamble , and those oft repeated words , any time or times during the continuance of this present parliament , conclude ; and that during his majesties reign and life , not after his death ; as these words coupled with the relief of his majesties army and people ; and for supply of his maj●…sties pre●…ent ●…nd urgent occasions in the preamble manifest . therefore this act can no wayes continue it a parliament after the kings beheading ; much lesse after the exclusion both of the king and lords house out of parliament by those now si●…ting , contrary to the very letter and provision of this act ; by which dev●…ce the king alone , had he conquered and cut off , or secluded by his forces the lords and commons house from sitting , might with much more colour have made himself an absolute parliament , to impose what taxes and laws he pleased , without lords or commons , on the people , by vertue of this act , then those few commons now sitting since his tryall and death doe . 6. the last clause of this act , and that all and every thing or t●…ings whatsoever done or to be done ( to wit , by the king or his authority ) for the adjournment , proroguing or dissolving of this present parliament , contrary to this present act , shall be utterly void and of none effect : now death , and a dissolution of this parliament by the kings death , cannot ( as to the king ) be properly s●…iled , a thing done , or to be done ( by him ) for the adjournment , proroguing or dissolving of this parliament , contrary to this present act ; which cannot make the kings death utterly voi●… and of none effect , by restoring him to his life again . therefore the dissolution of the parliament by the kings death , is cleerly out of the words and intentions of this act , especially so many yeers after its enacting . 7. this present parliament and every member thereof , being specially summoned by the kings w●…it , only to be his parliament and councell , and to conferre with him of the great and urgent affaires concerning him and his kingdom ; and these writs and elections of them , returned unto him and his court by indenture , and the persons summoned and chosen by vertue of them appearing only in his parliament , for no other ends but those expressed in his writs ; it would be both an absu●…dity and absolute impossibility to assert , that the houses intended by this act to continue this parliament in being after the kings beheading or death : unless they that maintain this paradox be able to inform me and those now sitting , how they can conferr and advise with a dead king of things concerning him and his kingdom ; and that even after they have extirpated monarchy it self , and made it treason to assert or revive it ; and how they can continue still his parliament and councell whose head they have cut off : and that without reviving or raising him from his grave , or enstalling his right heir and successor in his throne to represent his person ; neither of which they dare to doe , for fear of losing their own heads and quarters too , for beheading him . this tax therefore being imposed on the kingdom long after the kings beheading , and the parliaments dissolution by it , must needs be illegall and meerly void in law to all intents ; because not granted nor imposed in , but out of parliament ; by those who were then no commons nor members of a parliament , and had no more authority to impose any tax upon the kingdom , then any other forty or fifty commoners whatsoever out of parliament , who may usurp the like authority by this president to tax the kingdom or any county what they please , and then levy it by an army or force of armes , to the peoples infinite , endless oppression and undoing : this is my first and principall exception against the legality of this tax , which i desire the imposers and levyers of it most seriously to consider ; and that upon these important considerations from their own late declarations . first , themselves in their own declaration of the 9th february , 1648. have protested to the whole kingdom : that they a●…e fully resolved to maintain ; and shall and will uphold , preserve , and ●…ep the fundamentall lawes of this nation , for , and concerning the preservation of the lives , properties and liberties of the peo●…le , with all things incid●…nt thereunto : which how it will stand with this tax imposed by them out of parliament , or their act concer●…ing new treasons ; i desire they would satisfie me and the kingdom , before they levy the one , or proceed upon the other against any of their follow-subjects , by meer arbitrary armed power against law and right . secondly , themselves in their declaration , expressing the grounds of their late proceedings , and setling the present government in way of a free-state , dated 17. martii , 1648. engage themselves : to prooure the well-being of those ●…hom the●… serve : to renounce oppression , arbitrary power , and all opposition to the peace and freedome of the nation : and to prevent to their power , the reviving of tyrannie , injustice , and all former evils ( the only end and duty of all their labors ) to the satisfaction of all concerned in it . 2. they charge the late king for exceeding all his predecessors in the destruction of those whom he was bound to preserve ; to manifest which they instance in the loanes , unlawfull imprisonments , and other oppressions which produced that excellent law of the petition of right ; which were most of them again acted , presently after the law made against them , which was most palpa●… broken by him almost in every part of it , very soon after his solemn consent given unto it . (1) his imprisoning and prosecuting members of parliament , for opposing his unlawfull will : and of divers (2) worthy merchants for refusing to pay tonnage and poundage , because not granted by parliament ; yet (3) exacted by him expresly against law ; and punishment of many (4) good patriots , for not submitting to whatsoever ●…e pleased to demand , though never so much in breach of the known law . the multitude of projects and monopolies established by him . his designe and charge to bring in (5) germane-horse , to awe us into slavery : and his hopes of compleating all by his grand project of (6) ship-money , to subject every mans estate to whatsoever proportion he pleased to impose upon them . but above all the english army was laboured by the king to be engaged against the english parliament . a th●…ng of that (7) strange impiety and unnaturalness for the king of england , to sheath their swords in one anothers bowels , that nothing can answer it but his owne being a foraigner : neither could it easily have purchased belief , but by his succ●…eding visible actions in ful pursu●…ance of the same . as the kings coming in person to the (8) house of commons to seise the five members , whether he was followed with (9) some hundreds of unworthy d●…baunched persons , a●…med with swords and pistols , and other armes ; and th●…y attending at the doore of the house , ready to 〈◊〉 whatsoever their leader should command them . the oppr●…ssions of the councell-table , star-chamber , high-commission , court-martiall , wardships , purveyances , afforestations , and many others of like nature , ( equalled , if not farr exceeded now by sundry arbitrary committees and sub-committees , to name no others in all manner of oppressions and injustice ) concluding thus : upon all these and many other unparalleld offences , upon his breach of faith , of oaths and protestations ; upon the cry of the blood of england and ireland : upon the tears of widows and orphans , and childless parents , and millions of persons undone by him , let all the world of indifferent men judg , whether the parliament ( you mean your selves only which made this declaration ) had not sufficient cause to bring the king to justice : and much more you if you imitate or exceed him in all or any of these , even by your own verdit ? 3. themselves charge the king with profuse donations of salaries and pensions to such as were found , or might be made fit instruments and promoters of tyranny : which were supplied not by the legal justifiable revenue of the crown , but by projects and illegal ways of draining the peoples purses ; all which mischief and grievance they say wil be prevented in their free state ; though the quite contrary way ; as appears by the late large donation of some thousands to mr. henry martin , the lord lisle , commissary general ireton and others of their members and instruments , upon pretence of arrears , or service , some of them out of the moneys now imposed for the releife of ireland . and must we pay taxes to be thus prodigally expended ? fourthly , they therein promise and engage , that the good old laws and customs of england the badges of our freedom ( the benefit whereof our ancesters enjoyed long before the conquest , and spent much of their blood to have confirmed by the gre●…t charter of the liberties ) and other excellent laws which have continued in all former changes , and being duly executed , are the most just , free and equal of any other laws in the world ; shall be duly continued and maintained by them ; the liberty , property and peace of the subject being so fully preserved by them , and the common interest of those whom they serve . and if those lawes should be taken away , all industry must cease ; all misery blood and confusion would follow , and greater calamities , if possible , then fel upon us by the late kings misgovernment , would certainly involve all persons , under which they must inevitably perish . 5. they therein expresly promise . p. 26. to order the revenue in such a way , that the publick charges may be defrayed ; the souldiers pay justly and duly setled : that free-quarter may be wholy taken away and the people be eased in their burthens and taxes : and is this now all the ease we feel ; to have all burthens and taxes , thus augmented ; and that against law by pretended acts made out of parliament , against all these good old lawes and statutes , our liberties and properties , which these new tax-masters have so newly and deeply engaged themselves to maintain and preserve without the least diminution ? thirdly , both houses of parliament joyntly , and the house of commons severally in the late parliament , with the approbation of all & consent of most now sitting , did in sundry ‖ remonstrances and declarations published to the kingdom , not only tax the king and his evil counsellors for imposing illegal taxes on the subjects , contrary to the forecited acts ; the maintenance whereof against all future violations and invasions of the peoples liberties and properties they made one principal ground of our late bloody expensive wars ; but likewise professed ; * that they were specially chosen and intrusted by the kingdom in parliament and owned it as their duty to hazzard their own lives and estates for preservation of those laws and liberties , and use their best endeavours that the meanest of the commonalty might enjoy them as their birthrights , as well as the greatest subject . that every honest man ( especially those who have taken the late protestation , and solemn league and covenant since ) is bound to defend the laws and liberties of the kingdom against wil and power , which imposed what payments they thought fit to drain the subjects purses , and supply those necessities ( which theiril counsel had brought upon the king and kingdom ) and that they would be ready to live and dye with those worthy and true-hearted patriots of the gentry of this nation and others , who were ready to lay down their lives and fortunes for the maintenance of their laws and liberties : with many such like heroick expressions . which must needs engage me ( a member of that parliament , and patriot of my country ) with all my strength and power to oppose this injurious tax , imposed out of parliament , though with the hazard of my life and fortunes ; wherein all those late members who have joyned in these remonstrances are engaged by them to second me ; under paine of being adjudged unworthy for ever hereafter to sit in any parliament or to be trusted by th●…ir counties and those for whom they served . and so much the rather to vindicate the late houses honour and reputation from those predictions and printed aspersions of the beheaded king ; (‖) that the maintenance of the laws , liberties , properties of the people , were but only guilded dissimulations and specious pretences to get power into their own hands , thereby to enable them to destroy and subvert both lawes , liberties , and properties at last . and not any thing like them , to introduce anarchy , democracy , parity , tyranny in the highest degree , and new formes of arbitrary government , and leave neither king nor gentleman : all which the people should too late discover to their costs and that they had obtained nothing by adhering to and compliance with them , but to enslave and undoe themselves , and to be last destroyed . which royal predictions many complaine we finde too truely verified by those who now bear rule , under the name and visour of the parliament of england , since its dissolution by the kings decapitation , and the armies imprisoning and seclusion of the members who above all others are obliged to disprove them by their answers as wel as declarations to the people , who regard not words but reall performances from these new keepers of their liberties ; especially in this first year of englands freedom engraven on all their publick seals , which else will but seal their selfdamnation and proclaim them the archest impostors under heaven . secondly , should i voluntarily submit to pay this tax , and that by vertue of an act of parliament made by those now sitting , ( some of whose elections have been voted void ; others of them elected by * new illegall writs under a new kind of seal , without the kings authority , stile , or seal , and that since the kings beheading , as the earl of pembroke , and lord edward howard , uncapable of being knights or burgesses by the common law and custome of parliament , being peers of the realm ( if now worthy such a title ) as was adjudged long since in the lord camoyes case , claus. dors. 7. r. 2. m. 32. and asserted by master selden in his titles of honor , part . 2. c. 5. p. 737. seconded by sir edward cook in his 4 institut . p. 1 , 4 , 5 , 46 , 47 , 49. ) as i should admit these to be lawfull members , and these unlawfull void writs to be good in law ; so i should thereby tacitly admit , & ex post facto assent to some particulars against my knowledg , judgment , conscience , oaths of supremacy , allegiance , protestation , and solemn league and covenant , taken in the presence of god himself , with a sincere he●…rt and reall intention to perform the same , and 〈◊〉 therein al the days of my life , without suffering my self directly or indirectly , by whatsoever combination , perswasion or terror to be withdrawn therefrom . as first , that there may be and now is a lawfull parliament of england actually in being , and legally continuing after the kings death , consisting only of a few late members of the commons house , without either king , lords , or most of their fellow-commons : which the very consciences and judgments of all now sitting , that know anything of parliaments , and the whole kingdom if they durst speak their knowledg , know & beleeve to be false , yea against their oaths and covenant . secondly , that this parliament ( so unduly constituted and packed by power of an army combining with them ) hath a just and lawful authority to violate the priviledges , rights , freedomes , customs , and alter the constitution of our parliaments themselves ; imprison , seclude , expel most of their fellow-members for voting according to their consciences ; to repeal what votes , ordinances and acts of parliament they please , ere●…t new arbitrury courts of war and justice 〈◊〉 a●…aign , condemn , execute the king himself , with the peers & commons of this realm by a new kind of martial law contrary to magna charta , the petition of right , and law of the land : dis-inherit the kings poste●…ty of the crown , extirpat monarchy , & the whole house of peers , change and subvert the ancient government , seals , law●… , writs ; legal proceedings , courts , and coin of the kingdom ; ●…ell and dispose of all the lands , revenues , jewels , goods of the crowne , with the lands of deans and chapters , as they think meet ; absolve themselves ( like so many antichristian popes ) with all the subjects of england and ireland , from all the oaths and engagements they have made to the kings majesty , his heirs and successors : yea , from their very oath of allegiance , notwithstanding this express clause in it ( which i de●…ire may be ●…riously and conscienciously considered by all who have sworne it ) i do ●…eleeve and in conscien●… am r●…olved , that neither the pope . norany person whatsoever hath power to absolve me of this oath , or any part thereof , which i acknowledge by good and ●…ull authority to be lawfully ministred unto me and do renounce all pardons and dispensations to the contrary : dispense with our protestations , solemn league and covenant , so lately * zealously u●…ged and injoyned by both houses on members , officers , ministers , and all sorts of p●…ople throughout the realm : dispose of all the forts , ships , forces , offices and places of honour , power , trust or profit within the kingdom to whom they please ; to displace and remove whom they will from their offices , trusts , pensions , callings , at their pleasures without any legall cause or tryall : to make what new acts , lawes , and reverse what old ones they think meet , to insnare , inthral our consciences , estates , liberties , lives : to create new monstrous treasons never heard of in the world before ; and declare r●…ll treasons against king , kingdome , parliament , to be no tr●…asons , and loyalty , allegi●…nce , due obedience to our knowne lawes , and consciencious observing of our oaths and covenant ( the breach whereof would render us actuall traytors and perjurious persons ) to be no lesse then high treason , for which they may justly imprison , dismember , disfranchise , displace and fine us at their wills ( as they have done some of late ) and confiscate our persons , liv●…s to the gallowes , and our estates to their new exchequer ; ( a tyranny beyond all tyrannies ever heard of in our nation , repealing magna charta , c. 29. 5. e. 3. c. 6. 25. edw. 3. cap. 4. 28. ed. 3. c. 3. 37. e. c. 18. 42. e. 3. cap. 3. 25. ed. 3. cap. 2. 11. r. 2. c. 4. 1. h. 4. c. 10. 2. h. 4. rot. par. n. 60. 1. e. 6. c. 12. 1 mar. c. 1. the petition of right , 3 caro●… , and laying all our * laws , liberties , estates , lives in the very dust after so many bloody and costly years wars to defend them against the kings invasions ) rayse and keep up what forces they will by sea and land , impose what heavy taxes they please , and renew , increase , multiply and perpetuate them on us as often and as long as they please , to support their own encroached , more then regall , parliamentall , super-transcendent arbitrary power over us , and all that is ours or the kingdoms , at our private and the publique charge against our wils , judgments , consciences , to our absolute enslaving , and our three kingdom●… r●…ine , by engaging them one against another in new civill wars , and exposing us for a prey to our forraign enemies . all which , with other particulars , lately acted and avowed by the imposers of this tax , by colour of that pretended parliamentary authority by which they have imposed it , i must necessarily admit , acknowledg to be just and legall by my voluntary payment of it , of purpose to maintain an army , to justifie and make good all this by the meer power of the sword , which they can no waye●… justifie and defend by the lawes of god or the realm , before any tribunall of god or men , when legally arraigned , as they shal one day be . neither of which i can or dare acknowledg , wi●…hout incurring the guilt of most detestable perjury , and highest treason , against king , kingdom , parliament , laws and liberties of the people ; and therfore cannot yeeld to this assessment . thirdly , the principal ends and uses proposed in the pretended act and warrants thereupon for payment of this tax , are strong obligations to me , in point of conscience , law , prudence , to withstand it ; which i shall particularly discuss . the ●…irst is , the maintenance and contiuuance of the present army and forces in england under the lord fairfax . to which i say , first , as i shall with all readiness , gratitude and due respect , acknowledg their former gallantry , good and faithfull services to the parliament and kingdom , whiles they continued dutifull and constant to their first engagements , and the ends for which they were raised by both houses , as far forth as any man ; so in regard of their late monstrous defections , and dangerous apostacies from their primitive obedience , faithfulness , and engagements in disobeying the commands , and levying open war against both houses of parliament , keeping an horrid force upon them at their very doors ; seising , imprisoning , secluding , abusing , and forcing away their members , printing and publishing many high and treasonable declarations against the institution , priviledges , members and proceedings of the late , and being of all future parliaments ; imprisoning , abusing , arraigning , condemning and executing our late king , against the votes , faith , and engagements of both houses , and dis-inheriting his posterity , usurping the regall , parliamentall , magistraticall , and ecclesiasticall power of the kingdom to their generall-councell of officers of the army , as the supreme swaying authority of the kingdom , and a●…empting to alter and subvert the ancient government , parliaments , laws , and customs of our realm : and upon serious consideration of the ordinary , unsufferable assertions of their officers and souldiers uttered in most places where they quarter , and to my self in particular , sundry times , * that the whole kingdom , with all our lands , houses , goods , and whatsoever we have , is theirs , and that by right of conquest , they having twice conquered the kingdom : that we are but their conquered slaves and vassals , and they the lords and heads of the kingdom : that our very lives are at their mercy and courtesie . that when they have got ten all we have from us by taxes and free-quarter , and we have nothing left to pay them , then themselves will sei●…e ●…pon our lands as their own , and turn us and our families out of doors : that there is now no law in england ( nor never was , i●… we beleeve their lying oracle peters ) but the sword ; with many such like vapouring speeches and discourses , of which there are thousands of witnesses : i can neither in conscience , law , nor prudence assent unto , much less contribute in the least degree for their present maintenance , or future continuance , thus to insult , inslave , and tyrannize over king , kingdom , parliament , people at their pleasure , like their conquered vassals . and for me in particular to contribute to the maintenance of those , who against the law of the land , the priviledges of parliament , and liberty of the subject , pulled me forcibly from the commons house , and kept me prisoner about two months space under their martiall , to my great expence and prejudice , without any particular cause pretended or assigned , only for discharging my duty to the kingdom , and those for whom i served in the house , without giving me the least reparation for this unparallell'd injustice , or acknowledging their offence ( and yet detain some of my then fellow-members under custodie by the meer power of the sword , without bringing them to triall ) would be , not only absurd , unreasonable , and a tacit justification of this their horrid violence , and breach of priviledg , but monstrous , unnaturall , perfidious , against my oath and covenant . 2. no tax ought to be imposed on the kingdom in parliament it self , but in case of necessity , for the common good , as is clear by the stat. of 25 e. 1. c. 6. & cooks 2 instit. p. 528. now it is evident to me , that there is no necessity of keeping up this army for the kingdoms common good , but rather a necessity of disbanding it , or the greatest part of it , for these reasons : 1. because the kingdom is generally exhausted with the late 7 years wars , plunders and heavy taxes ; there being more moneyes levied on it by both sides , during these eight last yeares , then in all the kings reigns since the conquest , as will appear upon a just computation : all counties being thereby utterly unable to pay it . 2. in regard of the great decay of trade , the extraordinary dearth of cattell , corn , and provisions of all sorts ; the charge of relieving a multitude of poor people , who starve with famine in many places , the richer sort eaten out by taxes and free-quarter , being utterly unable to relieve them . to which i might adde the multitude of maimed souldiers , with the widows and children of those who have lost their lives in the wars , which is very costly . 3. this heavie contribution to support the army , destroies all trade , by fore-stalling and engrossing most of the monies of the kingdom , the sinews and life of trade ; wasting the provisions of the kingdom , and enhancing their prices , keeping many thousands of able men and horses idle , only to consume other labouring mens provisions , estates , and the publick treasure of the kingdom , when as their employment in their trades and callings , might much advance trading , and enrich the kingdom . 4. there is now no visible enemy in the field or garrisons , and the sitting members boast there is no fear from any abroad , their navie being so victorious . and why such a vast army should be still continued in the kingdom to increase its debts and payments , when charged with so many great arrears and debts already , eat up the country with taxes and free-quarter , only to play , drink , whore , steale , rob , murther , quarrell , fight with , impeach and shoot one another to death as traitors , rebels , and enemies to the kingdom and peoples liberties , as now the levellers and cromwellists doe , for want of other imployments , and this for the publick good , transcends my understanding . 5. when the king had two great armies in the field , and many garisons in the kingdom , this whole army by its primitive establishment , consisted but of twenty two thousand horse , dragoons and foot , and had an establishment only of about fortie five thousand pounds a month for their pay ; which both houses then thought sufficient , as is evident by their (o) ordinances of febr. 15. 1644. and april 4. 1646. and when the army was much increased without their order , sixty thousand pounds a month was thought abundantly sufficient by the officers and army themselves , to disband and reduce all super-numeraries , maintain the established army and garisons , and ease the country of all free-quarter ; which tax hath been constantly paid in all counties . why then this tax to the army should now be raised above the first establishment , when reduced to twenty thousand , whereof sundry regiments are designed for ireland , ( for which there is thirty thousand pounds a month now exacted , besides the sixty for the army ) and this for the common good of the realm , is a riddle unto me , or rather , a mystery of iniquity , for some mens private lucre , rather then the publick weal . 6. the militia of every ●…ounty ( for which there was so great contest in parliament with the late king ) and those persons of livelihood and estates in every shire or corporation who have been cordiall to the parliament and kingdom heretofore , put into a posture of defence under gentlemen of quality and known integrity , would be a far agreater guard to secure the kingdom against forreign invasions or domestick insurrections , then a mercenary army of persons and souldiers of no fortunes , and that with more generall content , and the tenth part of that charge the kingdom is now at to maintain this armie , and prevent all danger of the undoing pest of free-quarter . therefore there is no necessity to keep up this army , or impose any new tax for their maintenance , or defraying their pretended arrears , which i dare averr , the free-quarter they have taken in kinde , and levied in money , if brought to a just account , as it ought , will double , if not treble most of their arrears , and make them much indebted to the country . and no reason they should have full pay and free-quarter too , and the country bear the burthen of both , without full allowance of all the quarters levied or taken on them against law , out of their pretended arrears . and if any of the sitting tax-makers here object , that they dare not trust the militia of the cities and counties of the realm with their own or the kingdoms defence : therefore there is a necessity for them to keep up the army , to prevent all dangers from abroad , and insurrections at home . i answer , 1. that upon these pretences these new lords may intail and enforce an army , and taxes to support them , on the kingdom till dooms-day . 2. if they be real members who make this objection , elected by the counties , cities and boroughs for which they serve , and deriving their parliamentall authority only from the people , ( the onely n●…w fountain of all power and authority , as themselves now dogmatize ) then they are but their servants and trustees , who are to allow them wages , and give them commission for what they act . and if they dare not now trust the people , and those persons of quality , fidelity , and estate , who both elected , intrusted and impowred them , and are the primitive and supreme power ; it is high time for their electors and masters [ the people ] to revoke their authority , trusts , and call them to a speedy account for all their late exorbitant proceedings , and mispence of the kingdoms treasure ; and no longer to trust those with their purses liberties , safety , who dare not now to confide in them , and would rather commit the safeguard of the kingdom to mercenary , indigent souldiers , then to those gentlemen , free-holders , citizens , burgesses , and persons of estate who elected them , whose trustees and attourneys onely they profess themselves , and who have greatest interest both in them and the kingdoms weal , and are those who must pay these mercenaries , if continued . 3. the gentlemen and free-men of england have very little reason any longer to trust the army with the kingdoms , parliaments , or their own liberties , laws , and priviledges safeguard , which they have so oft invaded ; professing now , that they did not fight to preserve the kingdom , king , parliament , laws , liberties and properties of the subject ; but to conquer and pull them down , and make us conquered slaves in stead of free-men : averring , that all is theirs by conquest ( which is as much as the king and his cavaliers , or any forreign enemy could or durst have affirmed , had they conquered us by battel : ) and if so , then this army is not , cannot be upheld and maintained for the kingdoms and peoples common good and safety , but their enslaving , destruction , and the meer support of the usurped power , authority , offices , wealth and absolute domination only of those who have exalted themselves for the present , above king , parliament , kingdom , laws , liberties , and those that did intrust them , by the help of this trust-breaking army , who have * lost and stained all the glory of their former noble victories and heroick actions , by their late degenerous unworthy practices , and are become a reproach to the english nation in all christian kingdoms and churches . the second end of this heavie tax , is the support and maintenance of the forces in i●…land , for which there was only twenty thousand pounds a month formerly allowed , now mounted unto●… thirty thousand . to which i answer in the first place , that it is apparent by the printed statutes of 25. e. 1. c. 6. 1 e. 3 c. 5. 7. 18. ed. 3. c. 7. 25. ed. 3. c. 8. 4 h. 4. c. 13. c●…oks 2 institutes●… p. 528. and the protestation of all the commons of england in the parliaments of 1 hen. 5. num . 17. and 7. h. 5. num . 9. that no free-man of england ought to be compelled to go in person●…●…r to finde souldiers , arms , conduct mone●… , wages , or pay any tax for or towards the maintenance of a●…y forreign war in ireland , or any other parts beyond the sea , without their free consents in full parliament . and therefore this tax to maintain souldiers and the warr in i●…eland ( neither imposed in parliament , much lesse in a full and free one , as i have proved ) must needs be illegall , and no ways obligatory to me , or any other . 2. most of the ancient forces in irel nd ( as the brittish army , scots and inchiqueen's , towards whose support the twenty thousand pounds a month was designed ) have been long since declared rebels , t●…aytors , revolters , and are not to share in this contribution : and those now pretending for ireland , being members of the present army , and to be paid out of that establishment , there is no ground at all to augment , but to decrease this former monthly tax for ireland , over what it was before . 3. many of those now pretending for ireland , have been the greatest obstructers of its relief heretofore : and many of those designed for this service by lot , have in words , writing and print protested they never intend to go thither , and disswade others from going , yet take free-quarter on the country and pay too under that pretext . and to force the country to pay contribution and give free quarter to such cheaters and impostors , who never intend this service , is both unjust and dishonourable . 4. if the relief of ireland be now really intended , it is not upon the first , just and pious grounds , to preserve the protestant party there from the forces of the bloody , popish , irish rebels , with whom ( if report be true ) these sitting anti-monarchists seek and hold correspondence , and are now actually accorded with owen roe-oneal , and his pary of bloudiest papists ; but to oppose the kings interest and title to that kingdom ( * setled on him , his heirs & successors for ever by an express act of parliament made in ireland , 33. h. 8. c. 1. and by the stat. of 1 jac. c. 1. made in england , yet unrepealed , ) and the protestant remaining party there , adhering to , and proclaiming , acknowledging him for their soveraign ; lest his gaining of ir●…land should prove fatall to their usurped soveraignty in england , or conduce to his enthroning here : and by what authority these now sitting can impose , or with what conscience any loyal subject who hath tagen the oaths of supremacy , allegeance , and cov●…nt , can voluntarily pay any contribution to deprive the king of his hereditary right , and undoubted title to the kingdoms & crowns of england & ireland , and alter the frame of the ancient government and parliaments of our kingdoms , p remo●…strated so often against by both houses , and adjudged high treason in canterburies and straffords cases , for which they were beheaded ; and by themselves in the kings own case , whom they decolled likewise ( without incurring the guilt of perjury and danger of high treason , to the loss of his life & estate , by the very laws and statutes yet in force transcends my understanding to conceive : wherfore i neither can , nor dare , in conscience , law or prudence , submit to this contribution . fourrhly , the coercive power , and manner of levying this contribution , expressed in the act , is against the law of the land , and liberty of the subject , which is threefold . first , distresse and sale of the goods of those who refuse to pay it ; with power to break open their houses ( which are their castles ) doors , chests , &c. to distrain ; which is against magna charta c. 29. the petition of right ; the votes of both houses in the case of ship-mony , 1 r. 2. c. 3. and the resolution of our judges and law-books . 13. ed. 4. 9. 20. e. 4. 6. cook 5 report , f. 91 , 92. semains case , and 4. inst. p. 176. 177. secondly , imprisonment of the body of the party till he pay the contribution , being contrary to magna charta , the petition of right , the resolution of both houses in the parliament of 3 caroli , in the case of loans ; and 17 caroli , in the case of ship-mony , the judgment of our judges and law-books , collected by sir edward cook . in his 2 inst. p. 46. &c. and the statute of 2. h. 4. rot. parl. n. 6. unprinted , but most expresse in point . thirdly , levying of the contribution by souldiers and force of arms , in case of resistance , and imprisoning the person by like force : adjudged high treason in the case of the earl of strafford , and a levying of war within the statute of 25. ed. 3. by the late parliament , for which he lost his head : and so proved to be at large by master st. iohn in his argument at law at the passing the bill for his attainder , printed by order of the commons house . fourthly , ( which heightens the illegality of these illegall means of levying it ) if any person whose goods are destrained , or person imprisoned for this illegall tax , shall bring his action at law , or an habeas corpus for his relief , the committee of indempnity will stay his legall proceedings , award costs against him , and commit him anew till he pay them , and release his suits at law , and upon an habeas corpus , their own sworn judges ( created by them , without any oath to do equal justice , &c. to all : but only to be true and faithfull to their new-erected state : ) dare not bayl but remaund him against law ; an oppression and tyranny , far exceeding the worst of the beheaded kings ; under whom the subjects had free-liberty to sue and proceed at law both in the cases of loanes , shipmony and knighthood , without any councel 〈◊〉 , committee of indempnity to stop their suits , or inforce them to release them ; and therefore in all these respects ( so repugnant to the laws and liberty of the subject ) i cannot submit to this illegall tax , but oppugn it to the utetrmost , as the most invasive on laws and liberties , that ever was . fifthly , the time of imposing this illegall tax , with these unlawfull ways of levying it , is very considerable and sticks much with me ; it is ( as the imposers of it declare and publish in many of their new kind of acts and devices ) in the first yeare of englands liberty , and redemption from thraldom . and if this unsupportable tax , thus illegally to be levied , be the first fruits of our first years freedom , and redemption from thraldom , as they stile it ; how great may we expect our next years thraldome will be , when this little finger of theirs is heavier by far then the kings whole loyns , whom they beheaded for tyranny and oppression ? sixthly , the order of this tax ( if i may so term a disorder ) or rather newnesse of it , engageth me , and all lovers of their countries liberty , unanimously to withstand the same . it is the first , i finde , that was ever imposed by any who had been members of the commons house after a parliament dissolved ; the lords house voted down , and most of their fellow . commoners secured or secluded by their con●…ivance or confederacy with an undutifull army . which if submitted to , and not opposed as illegall , not only the king or lords alone without the commons , bu●… any forty or fifty commoners , who have been members of a parliament , gaining forces to assist and countenance them , may out of parliament now , or any time hereafter , do the like , and impose what taxes and laws they please upon the kingdom , and the secluded lords and com●…ons that once sate with them , being encouraged thereto by such an unopposed precedent . which being of so dangerous consequence and eximple to the constitution and priviledges of parliament , and liberties of the people , we ought all to endeavour the crushing of this new cockatrice in the shell , lest it grow to a fiery serpent , to consume and sting us to death , and induce the imposers of it , to lade us with new and heavier taxes of this kinde , when this expires ( which we must expect , when all the kings , b shops , deans and chapters lands are shared amongst them , sold and spent ) as they will quickly be if we patiently submit to this leading decoy ; since (q) bonus actus inducit consuetudinem , as our ancestors resolved , anno 1240. in case of an unusuall tax demanded by the pope ; whereupon they all unanimously opposed it at first ; (r) opprime dum nova sunt subiti mala semina morbi : principiis obsta ; serò medecina paratur cum mala per longas invaluere moras , being the safestrule of state-physick we can follow in such new desperate diseases , which endanger the whole body-politick . upon which grounds the most consciencious gentlemen and best patriots of their country opposed loans , ship-money , tonnage , poundage , knighthood , and the late illegall impositions of the king and his councell in the very beginnings of them , and thought themselves bound in conscience , law , prudence so to do , though there were some colourable reasons and precedents of former times pretended to countenance them . and if these worthies conceived themselves thus obliged to oppose those illegall impositions of the king and his councel , though countenanced by some judges opinions as legall , to their immortal honour , and high esteem both in country and parliament , who applauded them as the (*) principal maintainers of their countries liberties ; then much more ought i , and all other tenderers of their own and countries freedom , to oppose this illegal dangerous contribution imposed on us by a few fellow-subjects only , without yea against all law or president to countenance it , being of greater consequence , and worser example to the kingdom , then all or any of the kings illegal projects or taxes . seventhly , the excessivenesse of this tax , much raised and encreased , when we are so exhausted , and were promised and expected ease from taxes , both by the army in their remonstrance , november 20. 1648. and by the (*) imposers of it●… amounting to a sixt part , if not a moyety of most mens estates , is a deep engagement for me to oppose it ; since taxes , as well as (s) fines and amerciaments ought to be reasonable ; so as men may support themselves and their families , and not be undone , as many wil be by this , if forced to pay it by distresse or imprisonment . upon this ground , in the parliament records , of 1 and 4 ed. the third , we find divers freed from payment of tenths , and other taxes lawfully imposed by parliament , because the people were impoverished and undone by the warres , who ought to pay them . and in the printed . statutes of 31 henr. 6. c. 8. 1 mariae c. 17. to omit others , we find subsid●…es mitigated and released by subsequent acts of parliament , though granted by precedent , by reason of the peoples poverty any inability to pay them . yea somtimes we read of something granted them by the king , by way of aid to help pay their subsidies , as in 25. edward 3. rastal , tax . 9. and 36. ed. 3. c. 14. and for a direct president in point : when (t) peter rubie the pope's legat in the yeer 1240. exacted an excessive unusual tax from the english clergie ; the whole clergy of berk-sbire ( and others ) did all and every of them unanimously withstand it , tendring him divers reasons in writing of their refusal , pertinent to our time and present tax ; whereof this was one , that the revenues of their churches scarce sufficed to find them daily food , both in regard of their smalness , and of the present dearth of corns ; and because there were such multitudes of poore people to relieve , some of which dyed of famin , so as they had not enough to suffice themselves and the poore . whereupon they ought not to be com●…elled to any such contribution : which many of our clergie may now likewise plead most truly , whose livings are small , and their tithes detained ; and divers people of all ranks and callings , who must sell their stocks , beds , and all their houshold-stuffe , or rot in prison , if forced to pay it . eighthly , the principal inducement to bring on the paiment of this tax , is a promise of taking off the all-devouring and undoing grievance of free-quarter : which hath ruined many countreys and families , and yet they must pay this heavy tax to be eased of it for the future , instead of being paid and allowed for what is already past , according to (u) former engagements . against which i have these just exceptions . 1. that the taking of free-quarter by soldiers in mens houses , is a grievance against the very common-law it self , which defines every mans house to be his castle and sanctuary , into which none ought forcibly to enter against his will ; and which with his goods therein he may lawfully (x) fortifie and defend against all intruders whatsoever , and kill them without any danger of law : against all the statutes concerning (y) purveyers , which prohibit the taking of any mens goods or provisions against their wills , or payment for them under pain of felony , though by commission under the great seal of england . against the expresse letter and provision of the petition of right , 3. caroli . condemned by the commons house in their (z) declaration of the state of the kingdom of the 15. december , 1641. and charged as an article against king richard the second when deposed , in the parliament of 1 h. 4. nu . 22. yea , it is such a grievance , as exposeth the houses , goods , provisions , moneys , servants , children , wives , lives , and all other earthly comforts we enjoy , to the lusts and pleasure of every domineering officer , and unruly common souldier . therefore absolutely to be abolished without any compensation : and to impose an unjust , heavy tax , and induce people to pay it upon hopes of freeing them from free-quarter , 16 but to impose one grievance upon pretext to remove another . 2. there have been many promises , declarations and orders of both houses and the generall , for taking off free quarter heretofore , upon the peoples paying in their contributions before land , now ; and then none should free quarter on them , under pain of death : yet no sooner have they pay'd in their contribution , but they have been freequartered on as much or more then formerly : the souldiers , when we tell them of any orders against free-quarter , slighting them as so many wast papers , and carrying themselves more unruly : and when complaint thereof hath been made to the officers , members , or the committee for the army , or in the house ; answer hath still been made , that as long as there is an army on foot , there will be freequarter taken , and there can be no prevention of it , there being a nec●…y of it : and when any have craved allowance of it , they have ●…ound so many put-offs and delayes , and such difficulties in obtaining it , that their expences have equalled their allowance ; and after allowances made , the moneys allowed have been called for again . so as few have had any allowance for quarters , and most have given over suing for them , being put to play an after-game to sue for them after all their contributions first paid , and not permitted to deduct them out of their contributions , as in justice and reason they ought , which they are still enforced to pay without deduction . this pretext therefore of taking a way free-quarter , is but a shoo-horn to draw on the payment of this tax , and a fair pretext to delude the people , as they finde by sad experience every-where , and in the county and hundred where i reside . for , not to look back to the last yeers free-quarter taken on us ( though we duly paid our contributions , ) in april and may last past , since this very tax imposed for taking away free-quarter , colonel harrisons troopers under the command of captain spencer , ( who quartered six days together in a place , and exacted and received most of them 3 s. others 3 s. 6 d. and the least 2 s. 6 d. a day for their quarters , telling their landlords , that their lands , and the whole kingdom was theirs ) have put bathwick , bathford , claverton , combe , hampton , soustock , walcot and widcombe , small parishes in our hundred and liberty , as they will prove upon oath , and given it me under their hands , to 94 li. 4 s. 3 d. charge ; beside their quarters in other parishes of the hundred , sir hardresse wallers souldiers upon pretext of collecting arrears of contribution not due from the hundred , put it to at least 30 l. charge more for free-quarter , they being very rude and disorderly ; and no sooner were we quit of them , but on the 22 and 23 of may last , col. hunks his foot under the conduct of captain flower and captain eliot pretending for ireland , but pro●…essing they never intended to go thither , marching from minehead and dunster ( the next westerne ports to i●…eland further from it to oppresse the country , put bathwich , l●…idge , wolly , b●…theastan , katherin and ford to 28 l. 7 s. and s●…swick ( where i live ) to about 20 l. expences for two dayes free-quarter ( by colour of the generals order dated the first of may●… being the rudest and deboistest in all kinds , that ever quartered since the warrs , and far worse then the worst of goring's men , whereof some of them were the dreggs , and their captain flower , a cavalier heretofore in arms ( as is reported ) against the parliament . their carriage in all places was very rude , to extort money from the people , drawing out their swords , ransacking their houses , beating and threatning to kill them , if they would not give them two shillings six pence , three shillings , three shillings six pence , or at least two shillings a day for their quarters , which when extorted from some , they took free-quarter upon others , taking two , three , and some four quarters a man : at my house they were most exorbitant , having ( as their quarter-master told me , who affirmed to me they had twice conquered the kingdom , and all was theirs ) directions from some great ones above , from some others in the country ( intimating some of the committee , ) and their own officers ( who absented themselves purposely , that the souldiers might have none to controll them ) to abuse m●… . in pursuance whereof , some thirty of them coming to my house , shouting and hollowing in a rude manner on may 22 , when their billet was but for twenty , not shewing any authority , but onely a ticket , [ mr. prynne — 20 ] climbed over my walls , forced my doors , beat my servants and workmen without any provocation , drew their swords upon me , ( who demanded whose souldiers they were , by what authority they demanded free-quarter , my house being neither inne , nor ale-house ; and free-quarter against law and orders of parliament , and the generals ) using many high provoking speeches , brake some of my windows , forced my strong-beer cellar-door , and took the key from my servant , ransacked some of my chambers under pretext to search for arm●… , taking away my servants clothes , shirts , stockings , bands , cu●…s , handkerchiefs , and picking the money out of one of their pockets ; hallowed , roared , stamped , beat the tables with their swords and muskets like so many bedlams , swearing , cursing , and blaspheming at every word ; brake the tankards , bottles , cups , dishes wherein they fetched strongb●…er , against the ground , abused my maid servants , throwing bee●… & other good provisions at their heads , and casting it to the dogs , as no fit meat for souldiers , and the heads and conquerors of the kingdom , as they called themselves ; searched the out-houses for turkies , which they took for their eggs and young ones , v●…al and mutton being not good enough for them : they continued drinking and roaring before , at and after supper , till most of them were mad , drunk , and some of them dead drunk under the table . then they must have 14 beds provided for them ( for they would lye but two in a bed ) and all their linnen washed : my sister answering them , that there were not so many beds in the house , and that they must be content as other souldiers had been , with such beds as could be spared ; they thereupon threatned to force open her camber door , and to pull her and her children out of their beds , unlesse she would give them three shillings a peece for their beds , and next dayes quarters ; and at last forced her for feare of their violence ( being all drunk ) to give them eighteen pence a peece , assoon as they were forth of doors , and six pence a peece the next day , if they marched not ; whereupon they promised to trouble the house no more . upon this agreement all but eight ( who were gone to bed ) departed that night , and the rest the next morning . but i going to the lecture at the bath , some thirty of them in my absence came about ten of the clock , notwithstanding the moneys received of my sister for their quarters , re-entred the house , and would have quarters again , unlesse she would give them three shillings a peece ; which she refusing , they thereupon abused and beat the servants and workemen , forced them to drink with them all that day and night , swearing , cursing , roaring like so many furies and devils , brake open my parlour , milk-house , and garden-doors , abused my pictures and brake an hole in one of them ; and hacked my table-boards with their swords from one end to the other , threw the chairs , stools , meat , drink about the house ; assaulted my sister , and her little children , and maid-servants with their naked swords , threatning to kill them , and kick them to gelly , shot at them with their musquets , forced them out of the house to save their lives : which i hearing of , repaired to my house , and finding them all so bedlam mad , and that they would not hearken to any reason , nor be quieted , i thereupon rode to seek their captain and officers at bath , who purposely absented themselves : and not finding them till the next morning , i acquainted the captain then ( as i had done the first night by letter ) with all these unsufferable outrages of the souldiers ( contrary to the generals order to carry themselves civilly in their quarters , and abuse none in word or deed ) which would render him and them odious , not onely to the country and kingdom , but all officers and souldiers who had any civility in them , and be a disparagement to the generall , by whose proclamation he ought to be present with his company , to keep them in good order , under pain of cashiering : and therefore i expected and required justice and reparations at his hands ; the rather , because i was informed by some of his own souldiers and others , that they had not been so barbarously rude , but by his incouragement : which if he refused , i should complain of him to his superiours , and right my self the best way i might . after some expostulations , he promised to make them examples , and cashier them , and remove them forthwith from my house : but the onely right i had , was , that more of his company repaired thither , making all the spoil they could , and taking away some brasse and pewter , continuing there till neer four of the clock ; and then marched away onely out of fear i would raise the country upon them ; many of whom profered me their assistance : but i desired them to forbear till i saw what their officers would do ; who in stead of punishing any of them , permitted them to play the like rex almost in other places where they quartered since , marching but three or four miles a day , and extorting what money they could from the country by their violence and disorders . now , for me , or any other to give moneys to maintain such deboist bedlams and beasts as these ( who boasted of their villanies , and that they had done me at least twenty pounds spoil in beer and provisions , drinking out five barrels of good strong beer , and wasting as much meat as would have served an hundred civill persons ) to be masters of our houses , goods , servants , lives , and all we have , to ride over our heads like our lords and conquer●urs , and take free-quarter on us , amounting to at least a full yeers contribution , without any allowance for it , and that since the last orders against free-quarter , and warrants for paying in this tax to prevent it for the future , issued ; is so far against my reason , judgment and conscience , that i would rather give all away to suppresse discard them , or cast it into the fire , then maintain such graceless wretches with it to dishonour god , enslave , consume , ruine the country and kingdom ; who every where complain of the like insolencies ; and of taking free-quarter since the ninth of june , as above two hundred of colonel cox his men did in bath the last lords day ; who drew up in a body about the majors house , and threatned to seise and carry him away prisoner for denying to give them free-quarter , contrary to the new act for abolishing it . lastly , this pretended act implies , that those who refuse to pay this contribution without distresse or imprisonment shall be still oppressed with free-quarter : and what an height of oppression and injustice this wil prove , not only to distrain and imprison those who cannot in conscience , law or prudence submit to this illegall tax , but likewise to undo them , by exposing them to free-quarter , which themselves condemn as the highest pest and oppression , let all sober men men consider : and what reason i and others have to oppose such a dangerous , destructive president in its first appearing to the world . in few words ; as long as we keep an army on foot , we must never expect to be exempted from free-quarter or wars , or to enjoy any peace or setlement : and as long as we wil submit to pay contributions to support an army , we shall be certain our new lords and governors will continue an army to over-aw and enslave us to their wils . therefore the onely way to avoid free-quarter , and the cost and trouble of an army , and settle peace , is to deny all future contributions . ninthly , the principal end of imposing this tax to maintain the army and forces now raised , is not the defence and safety of our ancient and first christian kingdom of england , its parliaments , laws , liberties and religion , as at first ; but to disinherit the king of the crown of england , scotland , and ireland , ( to which he hath an undoubted right by common and statute law ; as the parliament of 1 jacobi ch. 1. resolves ) and to levie war against him , to deprive him of it : to subvert the ancient monarchical government of this realm , under which our ancesters have always lived and flourished , to set up a new-republick , the oppressions and grievances whereof we have already felt ( by increasing our taxes , setting up arbitrary courts and proceedings to the taking away the lives of the late king , peers , and other subjects , against the fundamental laws of the land , creating new monstrous treasons never heard of in the world before , and the like ; ) but cannot yet enjoy or discern the least ease or advantage by it : to overthrow the ancient constitution of the parliament of england , consisting of king , lords , and commons , and the rights and priviledges thereof : to alter the fundamental laws , seals , courts of justice of the realm , and introduce an arbitrary government at least , if not tyrannical , contrary to our laws , oaths , covenant , protestation , (a) publick remonstrances and engagements to the kingdom and forreign states , not to change the government , or attempt any of the premises . all which being no less then high treason by the laws and statutes of the realm ( as sir edward cook in his 4. institutes ch. 1. and mr. st john in his argument at law , upon passing the bill of attainder of the earl of strafford ( both printed by the commons special order ) have proved at large by many precedents , reasons , records ; and so adjudged by the last parliament in the cases of strafford and canterbury , who were condemned and executed as traitors by judgment of parliament , and some of these now sitting , but for some of those treasons upon obscurer evidences of guilt , then are now visible in other : i cannot submit thereto , without incurring the crime and guilt of thefe severall high tre●…sons , and the eternal , if not temporal punishments incident thereunto , if i should volutarily contribute so much as one penny or farthing towards such treasonable and disloyal ends as these , against my conscience , law , loyalty and duty , and all my oaths and obligations to the contrary . tenthly , the payment of this tax for the premised purposes , will ( in my poor judgment and conscience ) be offensive to god and all good men , scandalous to the protestant religion , dishonourable to our english nation , and difadvantagious and destructive to our whole kingdom , hindering the speedy settlement of our peace , the re-establishment of our laws and government , abolishing of our taxes , disbanding of our forces , revivall of our decayed trade , by the renewing and perpetuating our bloody uncivill warrs ; engaging scotland , ireland , and all forreign princes and kingdoms in a just war against us , to avenge the death of our late beheaded king the dis-inherit●…ng of his posterity , and restore his lawfull heirs and successors to their just , undoubted rights , from which they are now forcibly secluded ; who will undoubtedly molest us with continuall warrs ( what-ever some may fondly conceit to the contrary ) till they be setled in the throne in peace upon just and honorable terms , and invested in their just possessions . which were far more safe , honorable , just , prudent , and christian for our whole kingdom voluntarily and speedily to do themselves , then to be forced to it at last by any forraign forces ; the sad consequences whereof we may easily conj●…cture , and have cause enough to fear , if we now delay it , or still contribute to maintain armies to oppose their titles , and protect the invaders of them from publick justice . and therefore i can neither in conscience , piety nor prudence , ensnare my self in the guilt of all these dangerous consequences , by any submission to this illegall tax . upon all these weighty reasons , and serious grounds of conscience , law , prudence , ( which i humbly submit to the consciences and judgments of all conscientious and judicious persons , whom they do or shall concern ) i am resolved by the assistance and strength of that omnipotent god ( who hath miraculously supported me under , and carried me through all my former sufferings for the peoples publick liberties with exceeding joy , comfort , and the ruine of my greatest enemies and opposers ) to oppugne this unlawfull contrbution , and the payment of it to the uttermost , in all just and lawfull wayes , i may ; and if any will forcibly levie it by distresse or otherwise , without law or right ( as theeves and robbers take mens goods and purses ) let them doe it at their own utmost perill . i trust god and men will in due season do me justice upon them , and award me recompence for all their injuries in this kinde , or any sufferings for my countries liberties . how ever , fall back , fall edge , i would ten thousand times rather lo●…e life , and all i have , to keep a good conscience , and preserve my native liberty , then part with one farthing , or gain the whole world with the losse of either of them ; and rather die a martyr for our ancient kingdom , then live a slave under any new republick , or remnant o●… a broken , dismembred , strange parliament of commons , without king , lords , or the major part of the knights , citizens and burgesses of the realme , in being subject to their illegal taxes , and what they call acts of parliament , which in reality are no acts at all to binde me , or any other subject , to obedience , or just punishment for non obedience thereunto , or non-conformity to what they stile the present government of the armies modeling , and i fear , the jesuites suggesting , to effect our kingdoms and religions ruine . william prynne . swainswick , june 16 , 1649. psal. 26. 4 , 5. i have not sate with vain persons , neither will i go in with dissemblers : i have hated the congregation of evill doers , and will not sit with the wicked . finis . a postcsript . since the drawing up of the precedent reasons , i have met with a printed pamphlet , intituled , an epistle written the 8th day of june , by lieutenant colonel john lilburn , to master william lenthal speaker to the remainder of those few knights , citizens and burg●…es that col. thomas pride at his late purge thought convenient to leave sitting at westminster , ( as most fit for his and his masters designes , to serve their ambitious and tyrannicall ends , to destroy the good old laws , liberties and customs of england , the badges of our freedom , as the declaration against the king , of the 7th of march , 1648. p. 23. calls them ) and by force of arms to rob the people of their lives , estates and properties ; and subject them to perfect vassallage and slavery , &c. who ( and in truth no otherwise ) pretendedly stile themselves , the conservators of the peace of england , or the parliament of england , intrusted and authorized by the consent of all the people thereof , whose representatives by election ( in their declaration last mentioned , p. 27. they say ) they are ; although they are never able to produce one bit of law , or any piece of a commission to prove , that all the people of england , or one quarter , tenth , hundred or thousand part of them authorized thomas pride , with his regiment of souldiers , to chuse them a parliament , as indeed it hath de facto done by this pretended mock-parliament : and therefore it cannot properly be called the nations or peoples parliament : but col. prides and his associates , whose really it is : who , although they have beheaded the king for a tyrant , yet walk in his oppressingest steps , if not worse and higher . in this epistle , this late great champi●…n of the house of commons , and fitting ●…cto's supremacy , both before and since the kings beheading , who with his brother a overton and their confederates , first cryed them up as , and gave them the title of the supreme authority of the nation : the onely supreme judicatory of the land : the onely formall and legall supreme power of the parliament of england , in whom alone the power of binding the whole nation by making , altering , or abrogating laws , without either king or lords , resides , &c. and first engaged them by their pamphlets and petitions , against the king , lords , and personall treaty , ( as he and they print and boast in b this epistle , and other late papers ) doth in his own and his parties behalf ( who of late so much adored them , as the onely earthly deities and saviours of the nation ) now positively assert and prove first , that c commissary general ireton , colonel harrison , with other members of the house , and the general councel of officers of the army , did in several meetings and debates at windsor , immediatly before their late march to london to purge the house , and after at white-hall , commonly stile themselves the pretended parliament ( even before the kings beheading ) a mock parliament , a mock power , a pretended parliament ; & no parliament at all : and that they were absolutely resolved and determined to pull up this their own parliament by the roots , and not so much as to leave a shadow of it ; yea , and had done it , if we ( say they ) and some of our then friends in the house , had not been the principal instruments to hinder them : we judging it then of two evils the least , to chuse rather to be governed by the shadow of a parliament , till we could get a reall and a true one ( which with the greatest protestations in the world they then promised and engaged with all their might speedily to effect ) then simply , solely and onely by the will of sword-men , whom we had already found to be men of no very tender consciences . if then these leading , swaying members of the new pretended purged commons parliament and army , deemed the parliament even before the kings beheading , a mock-parliament , a mock-power , a pretended parliament , yea , no parliament at all ; and absolutely resolved to pull it up by the roots as such , then it necessarily follows , first , that they are much more so after the kings death , and their suppression of the lords house , and purging of the commons house to the very dregs , in the opinions and consciences of those now sitting , and all other rationall men . and no wayes enabled by law to impose this or any other new tax or act upon the kingdom , creating new treasons and●…penalties . secondly , that these grand saints of the army and stearsmen of the pretended parliament knowingly sit , vote and act there against their own judgements and consciences , for their own private , pernicious ends . thirdly , that it is a baseness , cowardize , and degeneracy beyond all expression , for any of their fellow-members now acting , to suffer these grandees in their assembly & army , to sit or vote together with them , or to enjoy any office or command in the army , or to impose any tax upon the people to maintain such officers , members , souldiers , who have thus villified , affronted their pretended parliamentary authority , and thereby induced others to contemn and question it : and as great a baseness in others for to pay it upon any terms . secondly he there affirms that (d) oliver crumwel by the help of the army at their first rebellion against the parliament , was no sooner up , but like a perfidious , base , unworthy man , &c. the house of peers were his only white boys , and who but oliver ( who before to me had called them in effect both tyrants and usurpers ) became their proctor , where ever he came ; yea and set his son ireton at work for them also ; insomuch that at some meetings , with some of my friends at the lord wh●…rtons lodgings , he clapt his hand upon his breast , and to this purpose , professed in the sight of god upon his conscience , that the lords had as true a right to their legislative & jurisdictive power over the commons as he had to the coat upon his back , and he would procure a friend , viz. master nathaniel fiennes , should argue and plead their just right with any friend i had in england . and not only so , but did he not get the general and councel of war at winsor ( about the time that the votes of no more addresses were to pass ) to make a declaration to the whole world , declaring , the legal right of the lords house , & their fixed resolution to maintain & uphold it ? which was sent by the general to the lords by sir , hardresse waller : and to inde●…r himself the more unto the lords in whose house without all doubt he intended to have sate himself , he requited me evil for good ; and became my enemy to keep me in prison , out of which i must not stirre , unless i would stoop and acknowledge the lords jurisdiction over commoners ; and for that end he sets his agents and instruments at work to get me to do●… it : yet now they have suppressed them . whence it is most apparent , 1. that the general , lieutenant generall cromwel , ireton , harrison , and other officers of the army now sitting as members , and over-ruling all the rest , have wittingly acted against their own knowledges , declarations , judgments , consciences in suppressing the lords hou●…e ; and depriving them of ther legislative and jurisdictive right and power , by presuming to make acts , passe sentences , and impose taxes without them , or their assents in parliament . 2. that this tax enforced upon the commons and kingdom , for their own particular advantage , pay and enrichment , is in their own judgment and conscience , both unjust and directly contrary to the laws of the realm , being not assented to by the lords : and therefore to be unanimously and strenuously opposed by all who love their own or countries liberties , or have any nobility , or generosity in them . thirdly , he (e) there asserts in positive terms in his own behalf , and his confederates ; that the purged parliament now sitting , is but a pretended parliament , a mock-parliament ; yea , and in plaine english , no parliament at all , but the shadow of a parliament . that those company of men at westminster , that gave commission to the high court of justice to try and behead the king , &c. were no more a parliament by law or representatives of the people , by the rules of justice and reason , then such a company of men are a parliament or representative of the people , that a company of armed theeves choose and set apart to try , judge , condemne , hang or behead any man that they please , or can prevaile over by the power of their swords , to bring before them by force of arms , to have their lives taken away by pretence of justice , grounded upon rules meerly flowing from their wills and swords . that no law in england authoriseth a company of servants to punish and correct their masters , or to give a law unto them , or to throw them at their pleasure out of their power , and set themselves downe in it ; which is the armies case with the parliament , especially at thomas pride's late purge , which was an absolute dissolution of the very essence and being of the house of commons : to set up indeed a mock-power , and a mock-parliament ; by purging out all those , that they were any way jealous of , would not vote as they would have them ; and suffering and permitting none to sit but ( for the major part of them ) a company of absolute school-boys , that will , like good boys , say their lessons after them their lords and masters , and vote what they would have them : and so be a skreen betwixt them and the people , with the name of parliament , and the shadow and imperfect image of legal and just authority to pick their pockets for them by assessments and taxations ; and by their arbitrary and tyrannical courts and committees ( the best of which is now become a perfect star-chamber , high-commission , and councel-board ) make them their perfect slaves and vassals . with much more to this purpose . if then their principal admirers , who confederated with the army , and those now sitting , in all their late proceedings ; and cryed them up most of any , as the parliament and supreme authority of england before , at , and since the late force upon the house , and its violent purgation , do thus in print professedly disclaim them , for being any real parliament or house of commons , to make acts or impose taxes upon the people ; the secluded members , presbyterians , royallists , and all others , have much more cause and ground to disavow and oppose their usurped parliamentary authority and illegal taxes , acts , as not made by any true english parliament , but a mock-parliament only . fourthly , he therein futher avers : (f) that the death of the king , in law indisputably dissolves this parliament , ipso facto , though it had been all the time before never so intire and unquestionable to that very hour . that no necessity can be pretended for the continuance of it ; the rather , because the men that would have it continue so long as they please , are those who have created these necessities on purpose , that by the colour thereof they may make themselves great and potent . that the main end wherefore the members of the commons house were chosen and sent thither , was , to treat and conferr with king charles and the house of peers , about the great affairs of the nation , &c. and therefore are but a third part , or third estate of that parliament , to which they were to come and ●…yn with , and who were legally to make permanent and binding laws for the people of the nation . and therefore having taken away two of the three estates that they were chosen on purpose to joyn with to make laws , the end both in reason and law of the peoples trust is ceased : for a minor joyned with a major for one and the same end , cannot play lord paramount over the major , and then do what it please ; no more can the minor of a major ; viz. one estate of three , legally or justly destroy two of three , without their own assent , &c. that the house of commons sitting freely within it 's limited time , in all its splendor of glory , without the awe of armed m●…n , neither in law , nor in the intention of their choosers were a parliament ; and therefore of themselves alone have no pretence in law to alter the constitution of parliaments , &c. concluding thus : for shame let no man be so audaciously or sottishly void of reason , as to call tho. prides pittifull junto a parliament , especially those that call●… , avowed , protested and declared again and again those to be none that sate at westminster , the 26 , 27 &c. of july 1647. when a few of their members were scared away to the army , by a few hours t●…mult of a company of a few disorderly apprentices . and being no representative of the people , much lesse a parliament , what pretence of law , reason , justice or nature can there be for you to alter the constitution of parliaments , and force upon the people the shew of their own wills , lusts and pleasures for lawes and rules of government , made by a pretended everlasting , nulled parliament , a councel of state , or star-chamber and a councel of war , or rather by fairfax , cromwell and ireton . now if their own late confederates and creatures argue thus ●…n print against their continuing a parliament , jurisdiction , proceedings , taxes , and arbitrary pleasures , should not all others much more doe it , and oppose them to the utmost upon the 〈◊〉 same ends ? fifthly , he there likewise affirmes , (g) that those now fitting at westminster have perverted the ends of their trusts then ●…ver strafford did : 1. in not easing the people of , ( bu●…encreasing ) their greivances . 2 , in exhausting their estates to maintain and promote pernicious designes to the peoples destruction . the king did it by a little ship-mony & monopolies ; but since they began , they have raised and exto●…ted more mony from the people and nation then half the kings since the conquest ever did ; as particularly : 1. by excise , 2 contributions . 3 sequestrations of lands to an infinite value . 4. fift part . 5 twentyeth parts . 6 meal-mony . 7 sale of plundered goods . 8 loanes . 9 benevolencies . 10. collections upon their fast days . 11 new impositions or customs upon merchandize , 12 guards maintained upon the charge of private men . 13 fi●…ty subsidies at one time . 14 compositions with delinquents to an infinite value . 15 sale of bishops lands . 16 sale of dean and chapters lands : and now after the wars are done . 17 sale of king , queen , prince , duke and the rest of the childrens revenues . 18 sale of their rich goods which cost an infinite sum . 19 to conclude all , a taxation of ninety thousand pounds a month : and when they have gathered it pretendingly for the common-wealths use , divide it by thousands and tenn thousands a peece amongst themselves , and wipe their mouthes after it , like the impudent harlot , as though they had done no evill ; and then purchase with it publick lands at smal or trivial values : o brave trustees ! that have protested before god and the world , again and again in the day of their straits they would never seek themselves , and yet besides all this divide all the choicest and profitabl●…st places of the kingdom among themselves . therefore when i seriously consider , how many men in parliament and elsewhere of their associates ( that ●…udge themselves the onely saints and godly men upon the earth ) that have considerable ( and some of them vast ) estates of their own inheritance , and yet take five hundred , one , two , three , four●… five thousand pounds per annum salaries , and other comings in by their places , and that out of the too much exhausted treasury of the nation , when thousands not only of the people of the world , as they call them , but also of the precious redeemed lambs of christ , are ready to starve for want of bread . i cannot but wonder with my self , whether they have any conscience at all within them or no ; and what they think of that saying of the spirit of god , that whoso hath this worlds goods , and seeth his brother hath need , and shutteth up his bowels of compassion from 〈◊〉 ( which he absolutely doth that any way takes a little of his little from him ) how dwelleth the love of god in him ) 1 iohn 3. 17. these actions and practices are so far from being like the true and reall children of the most high , that they are the highest oppression , theft and murther in the wo●…ld , to rob the poor in the day of their great distresse by excise , taxations , &c. to maintain their pomp , superfluities and deb●…ry , when many of those from whom they take it , do perish and starve with want & hunger in the mean time , and be deaf and adamant-hearted to all their teares , cryes , lamentations , mournful howlings , groanes . without all doubt , these pretended , godly religious men , have got a degree beyond those atheists o●…fools , that say in their hearts , there is no god . psal. 14. 1. and 53. 1. 3. in quite destroying the peoples essentiall liberties laws and freedoms , & in leaving them no law at all ( as m. peters their grand teacher aver●…ed lately to my face we had none ) but their meer will and pleasures ; saving fellons laws , or martiall law , where new butchers are both informers . parties , jury men and judges , who have had their hands imbrewed in blood for above seven these years together , having served an apprentiship to killing of men for nothing but money , and so are more bloo●… then butchers that kill sheep and calves for their own livelihood ; who yet by the law of england , are not permitted to be of any jury for life and death : because they are conversant in sheddidg of blood of beasts , and thereby through a habit of it may not be so tender of the blood of men , as the law of england , reason and justice would ha●…e them to be . yea , do not these men by their swords , being but servants , give what laws they please to their masters the pretended law-makers of your house , now constituted by as good and legall a power as he that robs and kills a man upon the highway . and if this be the verdict of their own complices & partiza●…s concerning them & their proceedings , especially touching their exhausting our estates by taxes , and sharing them among themselves in the time of famine and penury ( is the great officers of the army and treasurers who are members now doe , who both impose what taxes they please , and dispose of them to themselves and their creatures as they please , contrary to the practice of all former ages , and the rules of rea●…on and justice too ) are not all others bound by all bonds of conscience , law , prudence to withstand their impositions and edicts unto death , rather then yeild the least submission to them ? sixthly , he there avers , proves and offers legally to make good , before any indifferent tribunal , that the (h) grandees and over-ruling members of the house and army are not only , a pack of dissembling , jugling knaves and machevillians , amongst whom in consultation hereafter he would ever scorn to come , for that there was neither faith , truth nor common honesty amongst them : but likewise murtherers ; who had shed mens blood against law , as well as the king , whom they beheaded ; and therefore by the same texts and arguments they used against the king , their blood ought to be shed by man , and they to be surely put to death without any satisfaction taken for their lives , as traytors , enemies , rebels to , and (i) conspirators against the late king ( whom they absolutely resolved to destroy though they did it by martial law ) parliament , kingdome and the peoples majesty and soveraignity ; that the pretended house and army are guilty of all the late crimes in kinde , though under a new name and notion , of which they charge the king in their declaration of the 17. of march 1648. that some of them more legally deserve death , then ever the king did : and considering their many oathes , covenants , promises , declarations , and remonstrances to the contrary ( with the highest promises and pretences of good for the people and their declared liberties that ever were made by men ) the most perjured , pernicious , false , faith and trust-breakers , and tyrants that ever lived in the world : and ought by all rationall and honest men to be the most detested and abhorred of all men that ever breathed , by how much more under the pretence of friendship and brotherly kindness they have done all the mischiefe they have done in destroying our lawes and liberties ; there being no treason like judas his treason , who betrayed his lord and master with a kisse , &c. and shall we then submit to their taxes and new acts , or trust them with our estates , lives , liberties , and the supreme power , if such now in their own late adorers eyes ? seventhly , he there asserts , (k) that whosoever st●…ps to their new change of government and tyranny , and supports it , is as absolute a traytor both by law and reason , as evèr was in the world ; if not against the king , prince charles , ( heir apparent to his fathers●… cro●…n and throne ) yet against the peoples majesty and sover●… . and if this be true , as it is , that this purg'd parliament is no parliament at all ; then there is neither legal judges nor justices of peace in england . and if so ; then all those that are executed at tiburn &c. by their sentence of condemnation are meerly murthered , and the judges and justices that condemned them are liaeble in time to be hanged●… ( and that justly ) therefore for acting without a just and legal commission : either from true regal or true parliamentary power : ( except in corporations only where they proceed by ancient charters in the ancient legal form ) . and if this be law and (l) gospel ( as no doubt it is ) then by the same reason , not only all legal proceedings , indictments , judgments , verdicts , writs , tryals , fines , recoveries , recognisances , and the like before any of our new created judges and justices since the kings beheading in any courts at westminster , or in their circuits , assisses , or quarter sessions , held by new commissions , with all commissions and proceedings of sheriffs , are not only meerly void , illegal , & coram non judice to all intents , with all bills , decrees , and proceedings in chancery , or the rolls ; and all judges , justices sheriffs , now acting , and lawyers practising before them in apparent danger of high-treason both against king , kingdom , they neither taking the oathes of judges , supremacy or allegiance as they ought by law ; but only to be true and faithful to the new erected state ; but likewise all votes and proceedings before the pretended house or any of their committees , or sub-committees in the country , with all their grants and offi●…es , moneys●… salaries , sequestrations , sales of lands or goods , compositions &c. meer nullities and illegal acts , and the proceedings of all active commissioners , assessors , coll●…ctors , treasurers , &c. and all other officers imployed to levy and to collect this illegal tax to support that usurped parliamentary authority , and army , which have beheaded the late king , dis-inherited his undoubted●…h●… , levyed war against and dissolved the late houses of parliament , subverted the ancient government of this realm , the constitution and liberties of our parliaments , the lawes of the kingdom , with the liberty and property of the people of england , no less then high treason in all these respects , as is fully proved by sir edward cook in his 3. institutes , ch. 1. 2. and by mr. st. john in his argument at law at the attainder of the earl of strafford , both published by the late commons house order ; which i desire all who are thus imployed , to consider ; especially such commissioners who take upon them to administer a new unlawful ex-officio oath to any to survey their neighbours and their own estates in every parish , and return the true values thereof to them upon the new prov'd rate for the 3 last months contribution , and to fine those who refuse to do it ( a meer diabolical invention to multiply perjuries to damne mens souls , invented by cardinal woolsy , much enveighed against by father latimer in his sermons , condemned by the expresse words of the petition of right providing against such oathes ; and a s●…are to enthrall the wealchier sort of people by discovering their estates , to subject them to what future taxes they think fit ) when as the whole house of commons in no age had any power to administer an oath in any case whatsoever , much l●…sse then to conferre any authority on others to give such illegall oathes , and fine those who refuse them , the highest kind of arbitrary tyranny both over mens consciences , properties , liberties ; to which those who voluntarily submit deserve not only the name of traytors to their country , but to be (m) boared through the ear , and they and their posterities to be made slaves for ever to these new tax-masters and their successors ; and those who are any wayes active in imposing or administring such oathes , and levying illegall taxes by distresse or otherwise , may and will undoubtedly smart for it at last ; not only by actions of trespasse , false imprisonment , accompt , &c. brought against them at the common law , when there will be no committee of indempnity to protect them from such suits , but likewise by inditements of high treason , to the deserved losse of their estates , lives , and ruine of their families when there wil be no parliament of purged commoners , nor army to secure , nor lega●… plea to acquit them from the guilt and punishment of traytors both to their king and country ; pretended present sordid fear of loss of liberty , estate , or the like , being no (n) excuse in such a case and time as this , but an higher aggravation of their crime : the (o) fearful being the first in that dismall list of malefactors , who shall have part in the lake which burneth with fire and brimstome , which is the second death ; even by christs own sentence . john 18. 34. to this end was i born , and for this cause came i into the world , that i should bear witnesse unto the truth . finis . notes, typically marginal, from the original text notes for div a56178e-430 a see my humble rem●…st . 〈◊〉 against ship-money . b see 1 e. 6. cap. 7. cook 7. report . 30 , 31. dyer 165. 4 ed 4. 43 , 44. 1 e. 5. 1. brook commission . 19. 21. c cromptens ju●…isdiction of courts . fol. 1. cook 4. insti●… p. 9. 10. d 5. ed. 3. m. 6. part . 2. dors. claus. regist. f. 192. 200. e 4 ed. 4 44. 1 e. 5. 1. brook commissions . 19. 21. & officer , 25. dyer . 165. cook 7. report . 30 , 31. 〈◊〉 e. 6. c. 7. daltons justice of peace , c. 3 p 13 lambert . p. 71 (f) 14. r. 2. 1. 15. 〈◊〉 . h 4. n. 〈◊〉 . 13 h. 4. n. 〈◊〉 . (g) 4. h. 7. 18. b. 7. h 7. 27. 16. 11. h 7. 27. for●… c. 18 f. 20. dyer . 92. brook parliament . 76. 197. cooks 4 insti●…es , p. 25. (h) s●…e the 〈◊〉 〈◊〉 〈◊〉 , and my 〈◊〉 for 〈◊〉 〈◊〉 . (i) cooks 4. institutes p. 1. (k) declarat . nov. 28 & 30. 1648. (l) 39. ed. 3. 7. ● . h. 7. 10. brook parl. 26. 40. cook 4. instit. p. 1. 25 , 26. 1 jac. cap 1. (m) 49. e. 3. 18 , 19. 21. h. 7. 4. brook customs 6. 32. object . answ. n see my plea for the lords , and levellers levelled . answ. * exact collect. p. 5. 6. ‖ 6. e. 3. parl. 2. rot. parl 3 6. 5 r. 2. n. 64 , 65. 11 r 2. n. 14. 1●… . 20. 8 h. 4. n. 2 , 7 , 27. h. 6. n. 12 28. h. 6. n 8 , 9 , 11 , 29. h. 6. n. 10 , 11. 31. h. 6. n. 22. 30 , 49. * cooks 4. institut p. 25 , dyer . f 203. * exact collect p. 69. 70. 736. 709. 722. * book parliament . 80. relation 85. dyer 85. (1) is not this the armies & their own late and present practise ? (2) alderman chambers the eminentest of them , is yet since this declaration discharged by you for his loyalty and conscience only . (3) and is it not so by you now , and transmitted unto the exchequer to be levyed ? (4) and do not you now the same , yea , some of those very good patrio●…s ? (5) are not the generals and armies horse and foot too , kept up and continued among us for that very purpose , being some of them germans too ? (6) not one quarter so grievous as the present tax imposed by you for the like purpose . (7) and is it not more unnaturall in those now sitting , to engage the english army , raised by the parliament of england , and covenanting to detend it from violence against the very parliament of england and its members , and that successively twice after one another , and yet to own and support this army without righting those members ? (8) was not pride's and the armies comming thither to seise , and actually seising above forty , and secluding above two hundred members , with thousands of armed horse and foot , a thousand times a greater offence , especially after so many declarations of the houses against this of the kings ? (9) was not humphrey edwards now sitting , an unduly elected member , one of them thus armed ? hen. ma●…tin is accomptable to the state for abvoe 3700 l. which the committee of accounts in two years time could never bring him to account for , and yet hath 3000 l. voted him lately for moneys pretended to be disbursed ; to whom and for what , quere . nota. ‖ exact . collect p. 5. 6. 7. 14. 342. 49●… * exact collect. p. 28. 29. 214 263. 270. 491 492. 495 , 496. 497. 660. (‖) exact col lect. p. 285. 286. 298. 320. 322. 378. 379. 381. 513. 514. 515. &c. 618. 619. 620 623. 647. &c. 671. 679. &c a collect. &c. p. 100. 102. &c. 117. * see cooks 4 instit. p. 10. * a collect . &c. pag. 327 , 358 , 359 , 399 , 404 , 416 , 420 , &c. 694 , 751 , 768 , 769 798 , 802 806 , &c 878 , 879 , 889. * see cooks 3 inst. p. 2 , 21 , 22 , 23. * can or will the king himself say more , or so much as these , if he invade and conquer us b●… f●…r raign forces ? and were it not better for us then to submit to our lawful king , then so many thousand perfidious usurping pretended conquerors of us , who of late pretend they were no other but our servants ? (o) collect. &c. pag. 599. 876. object . 〈◊〉 see their declaration , 17 march , 1648. pag. 1. 27. * ezek. 18. 24. * see seldens titles of honor . p. 42. p see a col●… lect. p 94. 95. 99. 698 700. 877. 878. (q) matt. paris , 517. (r) ovid de remed. amoris . (*) exact collection p. 5 6. and their own declarations 17. mar. 1648. p. 7. &c. (*) in their declarations march . 27. 1648. p. 26. (s) mag. chart. c. 14. e. 3. c. 6. cook . 2. instit. p. 26. 27. 169. 170. (t) matt. paris , p. 516. (u) a collection , &c. pag. 771. (x) see cook , 5. report . f. 91 , 92. semans case , 7 rep. sendels case . lambert f. 179. daltons justice of peace , 224. 24 h. 8. c. 5. (y) see rastal title parveyers . (z) an exact collect. p 7. (a) see an exact collection : and a collection of publick orders , &c. p. 99. 698. 700. 877. 878. notes for div a56178e-8070 a his petition and appeal , & his arrow of defiance . see mr. edwards ga●…grena , 3 pa. pag. 154. f. 204. b pag. 11 , 29. c pag. 34 , 35. (d) pag. 26 , 27 (e) pag. 34. 39 , 40. 56 , 47. (f) pag. 52. 53. 56. 57. 58. 59. (g) pag. 53 , 54. 59. 41. (h) pag. 2. 15. 27. 29. 33. 34. 35 41. 53. 57 , 58 , 59 , 64. 65. 75. (i) see pag. 91. 32. (k) p. 57. 34. (l) luk. 19. 14. 27. c. 12. 13. 14 (m) exod. 21. 5. 6. (n) see 1. h. 4. rot. par. n 97. (o) rev. 21. 8. some popish errors, unadvisedly embraced and pursued by our anticommunion ministers wherein is discovered the dangerous effects of their discontinuing the frequent publick administration of the lords supper ... : with a new discovery of some romish emmissaries, quakers / by william prynne of swainswicke, esquire ... prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56210 of text r5157 in the english short title catalog (wing p4085). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 133 kb of xml-encoded text transcribed from 30 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56210 wing p4085 estc r5157 12376762 ocm 12376762 60642 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56210) transcribed from: (early english books online ; image set 60642) images scanned from microfilm: (early english books, 1641-1700 ; 223:12) some popish errors, unadvisedly embraced and pursued by our anticommunion ministers wherein is discovered the dangerous effects of their discontinuing the frequent publick administration of the lords supper ... : with a new discovery of some romish emmissaries, quakers / by william prynne of swainswicke, esquire ... prynne, william, 1600-1669. [2], 56, [1] p. printed for the author, and are to be sold by edward thomas at his shop ..., london : 1658. errata: p. [1] at end. reproduction of original in british library. marginal notes. eng catholic church -controversial literature. lord's supper -early works to 1800. society of friends -england. a56210 r5157 (wing p4085). civilwar no some popish errors, unadvisedly embraced, and pursued by our anticommunion ministers. wherein is discovered the dangerous effects of their d prynne, william 1658 22056 279 0 0 0 0 0 126 f the rate of 126 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2002-10 tcp assigned for keying and markup 2002-11 spi global keyed and coded from proquest page images 2002-12 judith siefring sampled and proofread 2002-12 judith siefring text and markup reviewed and edited 2003-02 pfs batch review (qc) and xml conversion some popish errors , unadvisedly embraced , and pursued by our anticommvnion ministers . wherein is discovered the dangerous effects of their discontinuing the frequent publick administration of the lords supper ; the popish errors whereon it is bottomed ; perswading the frequent celebration of it , to all visible church-members , with their free-admission thereunto ; and prescribing some legal regal remedies to redress new sacrilegious detaining of it from the people , where their ministers are obstinate . with a new discovery of some romish emmissaries , quakers . by william prynne of swainswicke esquire , a bencher of lincolns inne . john 10.10 . the thief cometh not but for to steal , and to kill , and to destroy . chrysost. in mat. hom. 49. ex ipsis veris ecclestis frequentèr exeunt seductores . proptereà nec ipsis omnino credendum est , nisi ea dicant , vel faciant , quae convenientia a sint scripturis . august . contra faustum manich. l. 19. c. 10. in nullum nomen religionis , seu verum , seu falsum , coagulari homines possunt , nisi aliquo sacramentorum visibilium consortio colligentur . london , printed for the author , and are to be sold by edward thomas at his shop at the signe of the adam and eve in little-britain , 1658. a new discovery of some romish emissaries , quakers and others ; as likewise of popish errors , practices lately embraced , pursued , avowed by some zealots , and grand deformers , in secluding their parishioners sundry years from the holy communion of the lords supper , &c. the sad complaint of old , to and of constantius the arrian emperour , ( who [a] made his exorbitant will , the only law , and used this papal speech to paulinus , and other orthodox bishops convented before him , for refusing to communicate with the arrians upon his command , as being against the ecclesiastical canons : at quod ego ●olo pro canone sit : ita me lequentem● syriae episcopi sust●n ut ; aut ergo obtemperate , aut vos quoque exules estote ) made by st. hilarie concerning the frequent changes of the christian faith , and multitudes of religions under his arbitrary tyrannical government , viz. [b] faith is come now , rather to depend upon the time , than on the gospel . our state is dangerous and miserable , that we have now as many faiths as wils , and as many doctrines as manners , whiles faiths 〈◊〉 so writte● as we list , or so understood as we will . we make every year , and every month , a new faith , and still we seek a faith , as if there were yet no faith . [c] this o constantius woul● i 〈◊〉 know 〈…〉 , what faith at length thou b●lievest ? thou hast changed so often , that now i know not thy faith . that is ●amed to th●● which us th●● fellow 〈◊〉 if all builders , ever disliking their own doings , that thou still pullest down that thou art still setting up . thou subvertest the old with new ; and the new thou rentest in sunder with a newer correction ; and that which was once corrected . thou condemnest with a second correction . o thou wicked one , w●●● a mockery dost thou m●ke of the church , & c ? may now be the dolorous just complaint of every sincere english christian , touching the manifold changes of faiths , the multiplicities of religions in our vertiginous , unstable , arbitrary and tyrannical age ; wherein too many of all degrees , make their own exorbitant lawless wills , the only laws , canons by which they act ; making faith to depend rather upon their pleasures ( yea worldly designs ) than on the gospel ; setting up of late years amongst us as many faiths as wills , as many doctrins , opinions , as we have manners , sects , coyning , venting , professing , what new faiths they list , and understanding our antient creeds as they please to interpret them ; new-making , or at least imbracing a new faith every year , if not almost every month ; running from one new sect , faith , opinion to another , still seeking after the newest faith , as if they had quite lost the old ; changing so often , that none know of what faith or sect they are ; being one month presbyterians , the next independents , the 3d. anabaptists , the 4th . quakers , the 5th . ranters , the 6th . seekers , the 7th . arrians , anti-trinitarians ; the 8th . socinians , the 9th . arminians , the 10th . antinomians , the 11th . antiscripturists , & the 12. professed atheists . subverting their old church , religion , faith , sect , with a new one , that new , with a newer , that newer , with the newest and last broached , ( as our fashion-mongers change the shape of their garments ) till they have utterly lost all faith , piety , religion , conscience ; and made the church of christ a meer mockery ; yea christ himself , a fable . neither are they lesse giddy or unstable in their state-mutations than in their ecclesiastical or religious , still changing from one mishapen new-model to another ; so as what [d] aelianus records of the ficklepated seditious athenians ( the first inventors of new state governments ) is as really verified of these english innovators . athenienses omnino ad commutandos re●publicae status erant versatiles , & omnium propensissimi ad vicissitudines , &c. in which respect [e] 〈◊〉 iames his character of a double-minded man , unstable in all his ways , is now become their proper●●t mo●●o , unlesse they like [f] st. iudes better ; these be spots in your feasts of charity , feeding themselves without 〈◊〉 : clouds they are without water , carried about with winds : trees , whose fruit withereth , without fruit , twi●e dead , plucked up by the roots : raging waves of the sea , foaming out their own shame : wandring stars , to whom is reserved the blacknesse of darkenesse for ever : murmurers , complai●ers , walking after their own lusts , &c. these be they who separate themselves , sensual , having not the spirit ; though they proclaim themselves , the only saints having the spirit ▪ which i grant most true , if meant of [g] the spirit of error ▪ or that [h] spirit of perversities ( or giddinesses ) the lord mingled in the midst of aegypt , and the princes of zoan , which caused aegypt , ( and now england ) to erre in every work thereof , as a drunken man staggereth in his vomit . that subtile romish * seducing emissaries , iesuites , franciscans , popish priests , friers of all sorts , disguised under the vizors of independents , anabaptists , dippers , quakers , ranters , seekers , soldiers , factors , m●rchants artificers , and mechanick professions of all sorts , have been the principal instruments to infuse this spirit of giddinesse into our intoxicated besotted english brains ; the original plotters , broachers , fomentors , propagators of all the deplorable warrs , divisions , errors , sects , heresies , bl●sphemies , new faiths , changes of government , which have of late years miserably rent both our nations , churches , kingdoms , ( heretofore [i] happily united in christian amity , unity , under one hereditary soveraign ) into diverse incoherent pieces , schisms , factions , churches , irreconcilably divided from and against each other ( threatning [k] our inevitable speedy ruine , without gods infinite , reconciling , reuniting mercy , beyond all human probabilities ) i have at large demonstrated by irrefragable evidences formerly published in [l] sundry printed pieces : to which i shall adde some other fresh evidences , to open the closed eyes , awaken the drowsie spirits of our infatuated , stupid english nation , and reclaim them ( if possible ) from those ways of desolation , in which they run on headlong , without deliberation , discretion , fear or wit . 1. it is worth our special observation , that in [m] lancashire and those other northern parts , where popish priests , friers , recusants formerly most abounded , there our last , newest , up-start sect of quakers first sprung up , and now most of all abound ; sending out their popish romish emissaries thence into all other parts of the realm , to seduce the people , and openly to revile , traduce , affront , disturb our ministers in their churches , pulpits , houses ; in going to , returning from their churches , and in the open streets , in a more insolent manner , and with greater impunity , than ever the popish priests , friers , or papists in those parts , affronted , reviled , disturbed them heretofore , when they were most countenanced or connived at by our late kings , or their officers ; being encouraged thereunto by many in greatest authority in those parts , of which i have seen late sad complaints in letters of ministers thus insufferably abused , disturbed daily by them , to their great vexation ▪ not only against [n] the ●uo st●tute of 1 mariae , c. 3. but the antient fundamental laws of england before the conquest , [o] presented to william the co●queror himself upon oath , by the famous grand erquest of 12 of the principal men chosen out of every county , and ratified by him in parliament in the 4th . year of his reign ; providing for the peace and quiet of the ministers and people too , against all affronts and disturbances , both in their going to , continuance in , and returning from their churches , or synods ( as well as to our parliaments , and other courts of justice ) still in full legal vigour ; by which , all such disturbers may , and ought to be fined , imprisoned upon conviction , according to the quality of their offences , as well as [p] other disturbes , infringers of the publike peace , and bound both to the peace and good behaviour for the future , ere released , with sufficient sureties . 2ly . it is remarkable , that these new quakers were sent from those northern counties , into other quarters of the kingdom , two by two , at first ; no doubt by the direction of their popish provincial , just as the franciscan friers are sent out by their provincial . in the [q] years 1638 , 1639 , and 1640. there were sundry franciscans , with whole swarms of i●suits , benedictins , and other friers sent from forein parts , into england , scotland , ireland , virginia , st. christophers , and other english plantations , to reduce the people back to rome , towards which we were then running post . the original instruments of some of their missions , with sundry of their letters , papers under their own hands and scals , relating their intentions , proceedings , ( seised in the capucins cell , adjoyning to the late queens chappel at somerset-house , and in mary-land , ( by a sea-captain my client ) where the iesuites erected a new colledge and society , the whole history whereof , and of their proceedings in those parts , was comprised in their letters ) gods providence brought into my hands , when they , and their seduced instruments were most busie in reforming , new-modelling our church , religion , parliaments , realms , government , after the prescribed patterns of robert parsons the jesuit , thomas campanella the frier , and richelieu the french cardinal ; as i have [r] elsewhere demonstrated beyond contradiction . the chiefest of these instruments , letters , papers ( of great concernment to our church , state , religion ) i intended long since to have published . but [s] io. bradshaw and his whitchall associats ( out of their transcendent zeal to our religion and republike ) in the end of iune , 1650 , by special warrants directed to soldiers , plundred me of those , & all my other papers , letters , writings , records in my study at lincolns inne , and at swainswicke , which they could seise on ; and then shut me up close prisoner under strictest armed guards , in 3. remote castles , near 3. whole years , without any particular cause then or since expressed , or the least hearing or examination of me , only to hinder my discoveries and publications of this nature ; whiles these romish emissaries , in the mean time , wandred freely up and down throughout our dominions without restraint , [t] published many thousands of popish , heretical , blasphemous new books ; and some of them were souldiers in pay in their very guards ; no doubt to help extirpate popery , superstition , heresie , schism , and for the preservation , defence , and reformation of the protestant religion , the preservation of the rights and priviledges of parliament , the liberties of the kingdom , the honour , happinesse , defence and preservation of the kings majesty and his posterity , according to the [u] tenor of the solemn league and covenant , the quite contrary way ; and promoting their new engagement , diametrically repugnant thereunto . yet , notwithstanding all their diligent searches , by gods providence , they left one of those original popish missions in parchment , under seal , undiscovered , ( which i lately found in my study at lincolns inn● ) whereby two franciscans were sent by their provincial of britain , in the year 1639. to st. christophers , and other western ilands where we had plantations ; who ended their progresse at somerset-house , ( where this instrument was seiled ; ) which because it may give some light towards the discovery of our quakers missions in like manner two by two , i shall here print verbatim out of the original in my custody ; seen by many of my friends . admodum venerabili patti * f : hugoni ancenisiensi , ordinis fratrum minorum , sancti francisci capucinorum , sacerdoti , * f : ra●hael nannetensis ejusdem ordinis , et in provincia britannia provincialis , licet immeritus , salutem , in eo qui est vera sa●us . cum divino incensus a more , et animarum salut is sollicitudine pulsus , ex hac nostra britanniae provincia ad insulas occidentales per longa maris pericula ●is vela facturus , ut illius regionis populos in umbra mortis sedentes , in lucem veritatis christianae omni cum studio adducere valeas ; nobisque ex regulae seraphyci patris francisci praescripto incumbat , de mittendorum idonietate judicare , et à sancta sede sit nobis concessum , quos ad tale apostolicum munus obe undum dignos censuerimus , illuc dirigere . te , cujus pietas et fervor animi animarumque zelus nobis innot●it , ad id munus , cum salutatis obedientiae merito et rr. pp. definitorum applausu , ad insulam sancti christopheri , martiniam , aut aliam insulam occidentalem ; ibique commorandi , si opus fuerit , confessiones excipiendi , caeteraque tui muneris apostolici officia exercendi , donec per nos vel successorem nostrum tibi aliter innotuerit ; una cum v.p.f. epiphanio alenconiensi , in nomine domini mittimus et deputamus . ut amem dignè quantum fieri poterit in tam celebri missione peragenda te geras , omnibus facultatibus per nostra privilegia concessis , ga●dere atque uti , in quantum se extendit nostra authoritas , libenter tibi concedimus . monentes te , ut cum omni studio , vigilan●ia , zelo , alacritate ac fidei fiducia , nec minus p●etate , ac cum proximis evangelica conversatione , quam doctrina , instanter ad hoc eximium , deoque , ●c seraphyco patrinostro franciso acceptum opus te accingas . rogamus autem omnes christi fideles , ad quos in itinere te divertere contigerit , aut quorum auxilio , consilio et favore indigueris , ut te tanquam unum obedientiae ●ilium cum omni charitate recipiant ; fidem facientes omnibus praesentes li●eras inspecturis , de tua in fide constantia , doctrinae puritate , necnon religiosae vitae immaculata observantia . vade igitur in pace , de●mque pro nobis deprecare . datum in conven●u nostro nannetensi die septimo novembris anni 1639. f. raphael provincialis . ims. the seal affixed to these letters missives is oval , near 3. inches in compasse , having st. francis and another friers portraitures cut in it , standing over against each other , with a book held up between them in their hands , and the holy ghost , in form of a dove , standing upon it , with his wings spread abroad over it and them , and a coat of arms at their feet , with this inscription in capital letters round about the seal , sigillum pro. ff. in capuc provinc . britan. ✚ . those who will diligently compare these letters missives with our quakers missions and practices , may doubtlesse discern a franciscan provincial , and franciscan friers , to be the principal original contrivers , directors of , and activest instruments in their late missions two by two into all our dominions , to distract , seduce the people with their franciscan tenents or evangelical perfection , &c. their franciscans coarse habi●s , haircloth , fasts , mortifications , revelations practices , railings against our ministers persons , callings , doctrines , tithes , &c. which i have [x] elsewhere more largely detected , and [y] others insi●●ed on in print , to whom i remit the reader for fuller information . and to this relation of a gentleman lately arrived at bristol from marcelles in france , whose name is mr. charls chester : who informed some persons of credit in bristol , ( from whose months i had it ) that at his being at marcelles , there came thither two franciscan capuchin friers in their habits , who begged some relief from him and other english there , pretending they were englishmen , newly come forth of eugland , and travelling towards rome upon some occasions : whom he entertaining with good english beer ( a rarity in those parts ) when they were a little warmed with it , they began to discourse more freely with him upon his demands , how long , and in what parts they had been in england , and what persons they knew there ? they answered , that they had been in england some years space , and particularly in london , and bristol ; that they were very well acquainted with sundry particular persons in both places , whom they named to him ( some whereof are the principal male and female quakers in bristol , whose names i forbear ) that they went there under the name of north-country men ( as the ringleaders of the quakers all doe ) but in truth they were irish-men born ; and when they had dispatched their businesse at rome , intended to return shortly into england again . and upon his first relation he added ; that himself saw and heard them speak to the quakers at the red lodge in bristol , at one of their meetings there . if we add to this relation , that passage in thomas campanelia de monarchia hispanica , cap. 25. ( de anglia , sectia , & hiber●●a , how to reduce them under the spaniard and pope , by reducing them from kingdoms 〈…〉 an elective kingdom , or into the form of a commonwealth , &c. ) where he thus writes of ire●●●d p. 207. quod in regno illo , seu insula , catholici maxime monachi ordinis s. francisci summopere deamentur , &c. comparing it with the late monstrous increase of iesuites , but especially of these friers and monks in ireland , before the wars there brake forth , in which they were most active , as i have * elsewhere discovered in folio by undeniable evidences , to which i refer the reader : and then compare them with the late extraordinary growth of anabaptists and quakers throughout ireland , who have overspred that kingdom since the wars there ended , by means of those jesuits , & franciscan capucin friers , who turn disguised anabaptists and quakers to undermine our church , religion , ministers , and seduce the people under these disguises , with more freedom , safety , countenance , successe , than ever they did formerly by any other policies , or the open profession of popery ; we may doublesse conclude , that they are the original erectors , the principal ring leaders , fomentors of these encreasing new sects throughout our dominions ; as ramsy the scotish iesuite ( under the mask of a converted iew ) confe●sed in his considerable examination taken at new-castle , printed 1653. p. 4 , 5 , 11 , 12 , 13. and mr. edwards in the third part of his gangrena p. 99. yea , o. cromwell himself ( a witnesse beyond all exception ) in his printed speech in the painted chamber ( before the last assembly there ) sept. 4.1654 . p. 16 , 27. have published to the whole world . to put this out of further question ; i shall here unto subjoyn one late discovery of an irish franciscan frier , and missionary of the pope , now in prison at bristol , which i shall more at large insist on , and desire all cordial well wi●●●rs to the protestant religion , and their native country , to take special notice of . on the 20 of november last 1655. the mayor of bristol examining a malefactor there brought before him , was informed by a by-stander , that there was one walking over against them , whom he saw in this malefactors company , and seemed to him a suspicious person . whereupon an officer was sent to bring him to the mayor ; giving no goo● account what he was , or whence he came , he was there upon ordered to be further examined and searched . upon which he feigned a present necessity to ease nature , and withdrawing himself for that end to an house of office , the officers attending him , imagining it was but an excuse , to convey away some things he had about him , perceived him to thrust his hand up under his doublet into his bosom , and in●o the linings of his hose , to take some things thence to convey into the jakes . whereupon laying hands on him , and narrowly searching him , they found sundry papers and letters in his hose and bosom ; and these large faculties granted to him by the provincial of the f●iers minorites , under hand and seal , which i lately transcribed with my own hand before some persons of quality , out of the original instrument it se●f , remaining in the custody of the town-clark of the city of bristol , discovering the quality of the party , and the large popish faculties conferred on him , suited to the present times , most of them worthy our special observation . facultates venerando admodum patri * f. mauxicio conrio , sacrae theologiae lec●ori , &c. communicatae . i. [z] reconciliandi haereticos , & absolvendi in omnibus casibus ac censuris , & in bulla coenae domini ; omnes etiam ecclesiasticos & regulares . ii. dispensandi cum clericis super irregularitate quacunque occasione contracta , praeterquam homicidii volunrarii . iii. tenendi & legendi libros haereticos , & quoscunque prohibitos , ad effectum illos oppugnandi ; ita tamen ut praedicti libri non extrahantur extra regionem . quod si opus fuerit laicis eandem facultatem faciendi , non fiat absolute , sed ad certum terminum majorem vel minorem , pro ratione personae . iv. administrandi sacramenta omnia parochialia , omissis pro necessitate solennitatibus & ceremoniis solitis , non tamen necessariis . v. ubi breviarium ferri non possit , vel recitari officium absque periculo , recitandi rosa●ium beatae mariae virginis , vel alias orationes , ac psalmos , quos memoria te●et . vi . consecrandi calices , patenas & altaria portatili● , oleo tamen ab episcopo benedicto ▪ benedicendi paramenta ad missae sacrificium necessaria : nec teneantur inquirere , an altaria portatilia contineant reliquias necne . vii . celebrandi missas , quocunque loco decenti , & sub dio , subtus terram , tribus horis ante lucem hyeme , una hora post meridiem , bis in die , ubi necessitas postulaverit ; & coram haereticis , aliisque personis excommunicatis , dummodo minister non sit haereticus . viii . hostiam consecratam servandi in loco decenti , sine lumine , aliisque ceremoniis quibus utitur ecclesia . ix . commutandi quaecunque vota , etiam jurata , exceptis castitatis , & religionis : & relaxan●● juramenta , modo non fiat ad prejudicium ●ertii . x. dispensandi ob magnam necessitatem in tertio gradu ; modo etiam ante contractum matrimonium . xi . concedendi indulgentiam plenariam in prima confessione , et quotannis in festis celebrioribus , et in mor●is articulo , et quotiescunque generalem confessionem peccatorum fecerint , etiam indulgentiam 40. aut 50 di●rum ad libitum . xii . imprimendi et edendi libros catholicorum , tacito nomine authoris , loci , typographi , ac reliquorum , non obstante concilio tridentino , modò fuerint approbati à nobis , vel ab aliis per nos delegandis . xiii . dispensandi cum conversis ad fidem catholicam , super fructibus bonorum ecclesiarum malè perceptis . xiv . absolvendi haereticos cujuscunque nationis morantes in anglia : non tamen ex partibus in quibus exercetur sanctae inquisitionis officium in foro conscientiae . xv . applicandi piis usibus bona restituenda incertis dominis . poterit ad tertium ordinem administrare , modo instructiones similes et ubique conformes adhibeantur . et habeant registrum nominum receptorum , annum et diem tam receptionis , quam professionis qu●● ad capitulum provinciale deferet . de uniformitate fratrum . pro majore devotione populi ordinatur , 〈◊〉 sacerdotes in celebratione missae gravitèr et religiosè observentur omnia quae ad hoc instituuntur in ceremoniis , missalis . in audiendo vero missam observent ceremonias nostrae sacrae religionis , uniformitèr , in quantum ratio temporis permittit ; praesertim in singulis elevationibus oscu●entur terram . in recitatione officii divini , pro more fiat ante altare . in psalmis et lectionibus , sedeant ; * surgendo et inclinando ad gloria patri , &c. surgant etiam ad evangelium , capitulum et hymnos in cornu altaris . ad magnificat vero , nunc dimittis , benedicti , te deum , cum collectis , ad medium altaris . post commemorationes ordinis in completa●io , semper dicant , tota pulchra es , &c. in honorem immaculati conceptionis : adjungendo versum ; memento congregationis tu● . resp : quam possedisti ab initio ; cum collecta . omnipotens aeternè deus custos hierusalem civitatis supernae , aedifica & custodi nos et ordinem nostrum , re●em , fegnum , et domum istam , cum omnibus fratribus ●abitatoribus suis , ut perpetuum sit in illis domicilium salutis , charitatis et pacis● per euudem christum dominum nostrum : amen . ante missam principalem . pro conversione patriae semper recitentur litaniae laur●●aneae . singulis feriis sextis in honore passionis dominicae curent in quantum commoditas loci fert omnes domesticos convocari , et quas letanias majores quae quotidie pro ●●ore recitantur , actum con●ritiori solennem sicut in instructionibus habetur choratim repeti . an act of contrition . o my lord jesus christ , true god and man , my creator and redeemer , thou being whom thou art , and for that i love thee above all things , it grieveth , it greiveth me , it grieveth me from the bottom of my heart , that i have offended thy divine majesty , and i firmly purpose never to sin any more , and to slie all occasions of offending thee , to confe●e my sins , and perform the penance injoyned me for the same . and for the love of thee , i do freely pardon all mine enemies ; and do offer my life , words , & works in satisfaction for the same . wherefore i most humbly beseech thee , trusting in thy infinite goodnesse and mercies , that by the merits of thy precious bloud and passion thou wouldest pardon my offences , and grant me grace to amend my life , and to persevere therein till death . amen , jesus . u● haec omnia prout ●acent observentur ●raecipio , et pro ma●ore firmita● ▪ provinciae majori sigillo , et proprio chirographo communio haec . 23. feb. an dom. 1654. * fr : dan : a s. ioanne m●r . prlis : over against the provincials name there is the provincial seal in red wax with a white paper over it , in an oval form ( like the former ) about 3. inches in compasse ; with the picture of st. francis ( as i conceive ) carved in the midst of the seal , and an inscription in capital le●ters round about the seal , most of which are so bruised , that they are not legible ; but sigillum prov : seems to be ingraven on that side of it which is least defaced ; as in the formentioned letters missives to frier hugo . 1. by these faculties under seal ( written in paper , not parchment ) it is most apparent , that this maurice conry , to whom they are granted , is : first a person of very great note and esteem ; as the manifold and large faculties , powers granted to him ; and the 4. first words , facultates , venerando admodum patri , &c. import . 2ly , that he is by his order , a frier minorite , or capucin , or saint francis order ▪ 3ly , that he is a professor of divinity ; as his title sacrae theologiae lector , &c. his 3d. faculty , to refute heretical books which he reads , and 12. to print and publish books , &c. manifest him to be . 4ly . that he is a great scholar in the repute of the provincial and others who granted him these faculties ; and himself confesseth in his examination , that he was a student for two years in the vniversity of paris , and after that went to prague from thence . 5ly , that he is most certanly a seminary priest in orders , as is evident . 1. by his first faculty ; to reconcile , and absolve hereticks in all cases . 2. by his 4th ; to administer all parochial sacraments . 3ly , by his 7. to celebrate masses in all convenient places ; yea , in the open fields , and in any vault or cellar under the earth ; and that twice a day , if there be necessity ; and that before hereticks and excommunicate persons , at cer●ain hours there prefixed . 4ly , by his 8. to keep the consecrated hostia in a decent place . 5ly , by his 9. to commute any vows , and release oathes . 6ly , by his 11. to hear confessions , and grant indulgences in such form as is there expressed . 7ly , by his 14. faculty of absolving hereticks of what nation soever residing in england : where ( as this clause imports ) he was principally to exercise his priesthood , and all these his faculties . 8ly , by all the subsequent instructions and ceremonies he was prescribed to observe in the saying of masses and letanies . all and every of which , by the [a] canons , missals pontifical , ceremonial and penitentiaries of the church of rome , are proper and peculiar only to their priests in sacred orders , and none others . 6ly , that he ha●h more than priestly , and no lesse than episcopal power granted him in the 1.2.6.9.12.13 . and 15 faculties : to reconcile and absolve he●eticks , and all ecclesiastical and regular persons : to dispense with the irregularities of priests in all cases but of wilfull murther : to consecrate chalices , patens , altars , and all things necessary for the sacrifice of the masse : to commute vows ; release oaths ; dispence with mariages in the 3d degree ; for the perception of the profits of ecclesiastical goods : to apply goods restored to pious uses ; and to admit to the 3d. order ( the papists [b] school-men have 7. and their canonists 9. distinct orders . ) all which the [c] popish canons , canonists , school-men , appropriate only to archbishops and bishops , and not to any meer priests alone , but by a special delegated power fr●m the pope ; as doth the roman pontifical and ceremonial . all which considered , no doubt this frier is a very considerable person , and arch-agent for the pope and see of rome ▪ to reconcile , reduce us back unto it ; therfore fit to be throughly examined and inquired after . and so much the rather , because he confeseth in his examination , he was employed and sent over into england from germany about 3. years since , under the name and garb of a captain and souldier , ( under which no doubt many hundreds of friers , priests , jesuits now lurk and march freely amongst us ) to raise men in england and ireland , and transport them into flanders for the service of the king of spain ; that he was oft●t the spanish embassadors ●n london , where he served 〈…〉 rd ; and that he received these faculties from a gentleman at the spanish embassadors , to carry to another of his name . besides , h● ha●h 3. or 4. passes writen in french and spanish , from the governour of flanders ▪ and other officers and commanders of the king of spain , under their hands and seals , for his free passage without danger or molestation , and assistance in his affairs , to all under their commands , and for his passage into england : therefore , no doubt , a special dangerous agent , if not spy and intelligencer for the spaniard , as well as a seducing priest and frier , under the vizor o●a captain and souldier , as even his own provincial stiles him in a latin letter found about and writ to him , when he sent him some books and these large faculties , congratulating his good successes , and great harvest here , and incouraging him to proceed therein . true i● is , in his examinations , he confesseth his name to be maurice conry , born at ardkillin in the county of roscomon in ireland ; and that he was a student in the university of paris , &c. but denveth himself to be the same party mentioned in the faculties , which w●re delivered to him by a gentleman ( whose name he knows not ) at the spanish embassadors in london , to carry to another of his name , without acquainting him , where he lived , or how to find him , or any letters to him ; he promising to send him further instructions afterwards ( which yet he hath not done ) where to deliver them to him . but this very improbable figment , that any gentleman he knew not , should deliver a stranger such faculties of importance to carry to another of his name ; without acquainting him where to find him , or without any letters to him , or present instructions where to deliver them ; his sewing them up between the linings of his hose ; his endeavours to convey them into the house of office when seised ; the latin letter directing them to himself under the name of a captain and souldier ; his 5. pa●se-ports all under the same name to himself alone ( not any other ) found all together with it about him ; with the latin popish treatise found about him , against priests deserting their flocks and pastoral charge in times of persecution , unlesse in some special cases ; &c. besides other circumstances ; infallibly prove him to be the self-same person to whom they were directed , and such a one as they describe him : he being between 30 and 40 years of age , as is conceived , professing himself a roman catholic● ▪ and refusing the oath of abjuration . he pretendeth his stay in england of late , and his intended passage to ireland ( for which end he came to bristol ) was to compound for his estate in ireland : which doubtlesse is a fiction ; he confessing he was not there in many years before , and went from paris , where he studied , &c. into germany to seek his fortune ; where he turned souldier ▪ which fortune he would not have sought in germany , had he a fortune in ireland . yea , his last refuge to dispro●e himself a priest , seems to me a strong evidence against him . after many letters and sollicitations by friends to procure his enlargement without trial , there is a lewd woman sent down from london to bristol with a great belly , and there newly delivered of a child , who avers he is her lawfull husband ; and therefore can be no priest , or frier , having a wife . but there being already some proofs against her , no proof at all when , where , or how long they have been maried , or lived together , she is more likely to be his harlot ( which [d] popish priests have , or may have all licenses to keep ) than wife . and if any mariage between them can be proved ; it will be [e] no strange nor new thing for popes to dispence with priests and friers mariages in t●is age , only to secure them from justice , and palliate them from the knowledge or discovery of the common people , and ignorant officers unacquainted with their disguises : and that if they consider the manifold dispensations granted to this maurice conry in these faculties ; the second thing considerable in them worthy special observation . 1. faculty 3. he is dispensed with the keeping and reading of haeretical books : and hath power to grant the same . faculty where there is need to lay-men , for a larger or lesser time , as he shall think meet , against the [f] expresse decr●es of many popish councils , canons , popes bulls , & indices librorum prohibitorum et purgandorum . and by such dispensations most jesuites , priests , friers , and roman catholikes in england , keep english bibles , and some protestant books in their houses , and resort to publike and private meetings , to preserve them from detection , apprehension , and sequestration as such . 2ly , faculty 4. he may [g] omit all solemnities and usual ceremonies in administring all parochial sacraments in cases of n●cessity , prohibited by [h] sundry canons , and councils , the roman missal and ceremonial . 3. faculty 5. where he cannot ●●rry his breviary , or recite his office without danger ; there he may rehearse the rosary of our lady , and other prayers and psalms without ●ook : and omit his breviary and mass. against sundry canons , and the rules of his very order . iv. he may consecrate portable altars , without inquiring whether there be any sts. reliques in them . faculty 6. contrary to [i] popish councils , and the pontifical . v. he may celebrate masses in any place ; in a hall , chamber , barn , wood , field , lane , celler , vault , under ground ( as well as in a consecrated church or chapel , where masses by [k] popes and popish councils decrees are only to be celebrated , and by the romish missal , pontifical , & ceremonial ) facultie 7. vi . he may reserve the consecrated host in any decent place , without a taper burning before it , or other ceremonies used , though prescribed by the church of rome , by [l] many councils , canons , decrees , missale pontificale & ceremoniale romanum . facultie 8. vii . he may say masse before hereticks and other excommunicated pers●ns , [m] con●rary to sundry canons of popes and popish councils . 8. he may print and publish the books of catholicks , concealing the name of the author , place of the printer , and ot●er circumstances , non obstante the council of trents decrée to the contrary . faculty 12. and those who will now give such a professed non obstante in positive terms to the council of trent it self , and grant dispensations in all these 8 particulars to their priests , against this and sundry other councils , popes decretals , the very canon of the masse it self , their own pontifical , ceremonial , breviaries , and rules of their religious orders , to disguise their priests ; friers , keep them from being detected , convicted , & circumvent , seduce over-credulous protestants of chiefest ranks , as well as the ignorant vulga ; will they not dispense with a priests , jesuits , friers , pretended marriage by collusion , with one of their own religion , or a loose common strump●t , for the self-same ends ? or connive at it , if done without a precedent dispensation , as they did at the marriage of father mena , a famous iesuite in valladolid in spain , anno dom. 1607. who married a spanish lady there , alleging [n] many proofs out of scriptures and fathers , that priests and iesuits might have wives as well as other men : the story whereof is recorded at large by lewes owen ; in his speculum iesuit cum , london 1629. p. 5 , 6 , 7 , 8. who adds ; that if diligent inquisition were made , and the t●uth known , there would be some english ladies and gentlewomen found to be married unto iesuites and [o] a very many that have had bastards by them , especially such as have any good estates or portions , whereof they convey many into flanders , brabant , and other countries to be iesuitesses . there being ( then ) in liege , a sumptuous college built by the english iesuites ; and hard by that two houses of english iesuitesses , &c. the 3. thing observable in these faculties , is , that they make present great necessity and danger ( num. 3 , 4 , 5 , 7 , 10. ) the ground of all the precedent , and other dispensations and powers granted to this p●iest , ( and by consequence to all others lurking amongst us ) against their own councils , popes decretals , canons , missals , pontificals , ceremonials , orders , oaths ; and not only a lawfull warrant to violate them all , but to commute , release , d●spense with any vowes , covenants though sworn , and absolve oaths themselves . and let [p] those , who of late , and present times have imitated , equallized , out-acted them herein , and justified these their practices , in publike printed papers , pamphlets , upon the self-same grounds , or present great necessity and danger , now sadly consider whose disciples they are , and who have been their tutors herein . the 4. remarkable thing from num . 14 , 15. is this , that these friers minorites have a power now in england , to receive others into their order , society , and profession : a register wherein to record their names , with the dates of the day and year of their reception and profession , and their provincial chapters and assemblies , whereunto they are to be sent . and that of all sorts of nations residing in england , ( except spaniards , and such who live under the inquisition , where it is exercised ) be they irish , scots , french , dutch , it●lians , &c. and by the latine prayer therein it is most apparent , they have their private houses in england , and other our dominions , whereunto all the friers of this order within certain precincts , resort at certain times , especially on fridays ( or sa●urdays ) every week , and use the special prayers and letanies herein prescribed , privately amongst themselves , for the preservation and advancement of their order , house , all their friers , &c. the 5. thing of note therein is , that before the principal masse they are always enjoyned to recite the lauritan letany ( some late one of that name ) for the conversion of the country unto rome , and popery , here precisely required in positive terms , to which all these other faculties and their endeavours tend . the 6. extraordinary in it , is ; the inserting of most of the ceremonies these friers are uniformly to observe in their masses , into this instrument , taken out of the roman missal , pontifical , ceremonial : & missal● parvum pro sacerdotibus in anglia itinerantibus , printed in quarto , anno 1623 : specially inserted after ●hese faculties in this instrument ( as i conjecture ) because they cannot now conveniently carry any missals , brevtaries about them , for fear of being detected by them , as the 5. facultie resolves in direct terms . amongst these ceremonies 3 are observable , which our [q] popish prelates much practised , pressed of late , and some yet observe , and begin to revive amongst us . and that is standing up at gloria patri : bowing ( to wit ) at the naming of iesus , couched in the , &c. relating to it , and clearly prescribed in missale & ceremoniale romana , &c. and standing up at the gospel read . the 7. observable is this , that however these disguised friers seem outwardly to comply with the late and present government and governours to effect their own pernicious designs ; yet they do not pray for them , nor their new republike , though [r] instrumental in the new modelling of it : being here directly prescribed this ordinary form of prayer , wherein they prefer themselves and their order before the king and realm ( another remarkable ) aedifica & custodi nos & ordinem nostrum , regem , regnum , &c. the 8. that in the prayers here specified , there is not one syllable of prayers to sts. expressed , and all merits of their own , and iustification by works disclaimed , and relying upon the infinite goodnesse , mercies and merits of iesus christ , and his precious blood and passion for the pardon of all sins , insisted on in the english pray●r ; yet in the self-same prayer , there is an offer of their lives , words and works , in satisfaction for their sins , ( as if christs merits , blood , passion , were not sufficient ) and a particular manuscript treaty in latine , found with these faculties about him , pleads for merits and iustification by works , against justification by faith alone : yea prayer to saints is tacitly prescribed , faculty 5. in the use of the rosary of blessed mary the virgin , and other prayers , and in the use of his beades found with him . the 9. that these faculties and instrument , prescribe confession , absolution , an act of contrition and penance , as well as masses , altars , and popish ceremonies , where they may be conveniently used , without danger of discovery . the 10. observable is , that these faculties proclaim all protestants to be hereticks sundry times , and excommunicate them as such . yet they dispence with this priest , num . 7. to say masse before hereticks , and other excommunicate persons ; so as no minister which is an heretick be there ( for fear perchance he should detect him for a priest , notwithstanding the omission of most of his masse ceremonies here dispensed with ) which i desire dr. drake to take special notice of ; who pleads for the admission not only of scandalous , but actually excommunicate persons to be auditors , and spectators of the celebration of the lords supper , when administred , but in no case to be actual receivers of it ; as these hereticks and excommunicated persons are meer auditors and spectators , but not receivers of the sacrament in these their popish masses . and thus much for this instrument and those faculties , and the person to whom they were granted ; worthy special consideration , which i shall close up with this observation . that the pope about the year 1637 made choice of 20 capucins to send abroad with entraordinary authority to preach and hear confessions in places he should deem most necessary , and thereupon gives charge to their provincial , with mature advice , with the chief of the fathers of the province to elect fit persons for this special service , which was then done . amongst these one clovet a frenchman , ( usually stiled pere bastle ) was elected , and sent forth as the popes missionary ( the eminentest of all the rest for piety and learning ) who had 13 extraordinary privileges and faculties conferred on him by the pope , confirmed by his bull ; which he soon after turning protestant , printed at large in french in his declaration , shewing the reasons he had to separate himself from the church of rome , and to joyn himself to the reformed , a sedane 1639. ( whiles i was prisoner in iersey , where i met with this excellent acute declaration ) chap. 17. p. 116 , 117. the 7 first of his faculties there , are the very same in substance , if not in terminis , with the 1 , 2 , 3 , 7 , 9 , and 10. faculties in this instrument , as i find by comparing them together . whereupon i conclude , that this conry is such an extraordinary missionary of the pope , and hath these unusual faculties granted to him originally by the popes special bull , as pere basile had then , being one of the self-same order . i shall only give you a brief account of what other papers were found about this maurice conry , with his faculties , and conclude this discovery . 1. there were several latin small treatises found with him , concerning original sin , iustification , &c. concurring exactly with the quakers new franciscan tenets : and it would be worth inquiry , whether he hath not been a speaker amongst them , in some place or other , during his near 3 years aboad in england ; as well as others of his order have been ? 2. there were sundry physical receits , and chirurgical medicines found about him , most worn and used , with receits to drive away , catch and kill rats , lice , and other vermin ; which makes me conjecture he professed himself a physician in some places , a chirurgion in others , a rat-catcher in a third ; since his pretended imployment as a captain , and souldier , to raise men for the king of spain , were out of date , by a breach with spain ; as one iervis a priest , haunting our quarters , hath a long time passed under the disguise of a watchmender , and physician . there were three or * 4 passe-ports and safe conducts granted to him under hand and seal by the king of spains officers . 4. there was this passe-port in english amongst the rest , under hand and seal , dated two moneths space before these extraordinary faculties granted to him , which probably might be a great motive of the popes and his provincials granting him , and his solliciting for , and receiving such ample faculties , with so many new-coyned dispensations to conceal him from detection . these are to require you to permit and suffer this bearer mauriee conry , quietly to passe from london into ireland about his lawfull occasions , and to return without any trouble or molestation . given under my hand and seal the 28 of april 1653. to all officers and soldiers under my command ; and to all captains and commanders of ships . o. cromwell . conry being examined how he obtained this passe ? answered , that an irish footmaen of the lord protectors obtained it for him , from his master . 5. there was a letter of a late date from one of his irish footmen ( belike he who procured this passe-port ) directed to another irish foot-man of his sons , henry cromwel , in dublin in ireland ; specially recommending this conry to him , as his indeared friend , to do him all the favors in his power , which he should interpret as done to himself ; with other letters of like recommendation in his favour to some military officers in ireland from some others in england . it is very observable , that the irish capucins , and franciscans , are some of the best and nimblest footmen in the world , trotting on foot day and night from ireland and england to rome , spain , france , and other forein parts , and back again and from one part of ireland and england to another , with greatest celerity , under the disguised habits of soldiers , merchants ; footmen , with [s] private messages , missives , letters , upon all occasions , especially immediatly before , during , and since the late irish wars . and therefore it may be justly suspected , that some of them are become principal footmen to the greatest persons at whitehall and dublin ; the procuring of this pasport by such irish footmen , and these their letters , giving great suspition , that this conry and they are of the same fraternity ; which it concerns others whom they serve now strictly to examine upon this discovery , for their own discharge and safety , as well as our religious , and nations . it is to be justly feared , that many such passeports and protections ( so much [t] condemned in the late king ) have beene surreptitiously procured by such disguised irish footmen and souldiers , for other friers , priests , iesuits ; and so much the rather , because when i was a prisoner at the kings head in january 1648. under the army-officers , ( who forcibly seized me , and above 40 other members of the commons house , as we went to discharge our duties in it to god , our soveraign , country , and those for whom we served ) some friends of mine in london , being then convented before the general council of officers of the army at whitehall ( as they then stiled themselves ) for saying there were divers priests and iesuites in the army , the chief contrivers of the designs and changes then acted ; and there justifying the same ; thereupon procured a warrant from sir thomas fairfax then general , to seise such iesuites and priests as they found in the armies quarters , as well souldiers as others ; whereby they presently apprehend two iesuites , and put them in ward that night ; who ( as they then and since informed me upon their credits , being honest , godly , conscientious persons ) produced two protections under the self-same hand that granted this passe ; which they then saw , and complained of ; and were thereupon answered , that they were granted by misinformation and surprise : however those iesuits got themselves released the next day ; whereupon they thought it bootlesse and dangerous for them to seise any more of them ( having discovered many they knew to be such ) and so their good in●entions were frustrated , and the others sad designes carryed on , under which we yet shake and languish in a most unsetled and divided condition . upon which considerations and presidents , i can give no better advice to all our swaying grandees of all sorts now , than i did then in print in my memento upon that occasion ; to tender the oath of abjuration to all officers , commanders , souldiers , mariners , and persons desiring passeports or protections , that are not of known integrity in our religion , and frequent not the publike ordinances of god in our parochial congregations ; which will detect for the present , and prevent for the future , the creeping in , the wandring abroad of such dangerous romish vermin , and spanish factors , as this conry and his confederates ; in whose detection i have been more large ; because of the novelty of some of his dispensations and faculties , ( which i never met with before in any printed books , or popish instruments i have perused ) and because it may give light to others , to make the like or greater discoveries of their persons , practices , in this and future ages . it is very strange and grievous to all true zealous protestants , that this extraordinary disguised missionary of the pope , should procure such letters of recommendation , passe-ports , protections under hand and seal ; and that the antichristian infidel iews themselves should [a] be specially invited to come in and reside amongst us , and finde many grand court-patrons publikely to plead for their free re-admission , [b] against former parliamentary and regal edicts for their perpetual exile , in these times of reformation : and yet that all protestant ministers of our own nation , adhering to the late king , ( though never so orthodox , learned , pious , painfull , peaceable ) should at [c] the self-same time , by a publike printed declaration , nov. 24. 1655. and special instructions in writing to our new bashaes , without any hearing , impeachment , conviction of any new crimes , after sundry years liberty to preach , and that some call an act of oblivion ( onely for this their old pardoned delinquency ) be all at one instant specially prohibited , from and after the 1. day of december last , to preach in any publike place , or private meeting of any other persons , than those of their own family : or to administer baptism , or the lords supper , or to mary , or keep any school publike or private : or so much as to be kept as chaplains or schoolmasters in any formerly sequestred persons houses ( when utterly ejected out of their own houses , benefices , schools , colleges by this new edict : ) and to be punished as rogues or vagrants ( if they wander abroad , when thus enforced to begg their bread ; ) and that every such person offending in any of the premises ( their very preaching , teaching , administring baptism , the lords supper , or marying , being now become capital unpardonable offences ) shall be proceeded against and imprisoned 3. moneths for his first , 6. moneths for his 2d . and banished his native country for his 3d. offence : vvhich uncharitable , unchristian , unevangelical restraints are still continued upon many of them ( and more particularly on dr. reeves our eminent learned lecturer of lincolns inne ) notwithstanding the earnest frequent sollicitations of devout and learned archbishop vsher , ( to the shortning of his dayes through grief , as some conceive ) the frequent , joynt , and several petitions , addresses of these ministers themselves and their friends , the timely petition of the whole society of lincolns inne , and mediations of all the grand officers of iustice , state , of the society , for their lecturers liberty to preach ; to the great rejoycing of our popish adversaries ; to the great grief , prejudice , discontentment of their auditors ; the undermining of our protestant religion , dishonor of our church , nation ; the ruine of some hundreds of those protestant ministers and their families formerly breaking unto us the bread of life , who now want daily bread to feed them : when as disguised popish emissaries , iesuites , preists , friers , quakers , dippers , hereticks and blasphemers of all sorts , have free liberty , and protection to preach , teach , dip , re-baptize , administer the sacrament , meet together and do what they list in publike and private conventicles , without the least restraint . and is this to defend , propagate , ( or not rather avowedly to supplant , tread down ) the protestant religion , [d] we covenanted and took up armes formerly to maintain ; thus to [e] smite , silence , starve , ruine so many orthodox protestant shepherds , pastors at one blow ; and to threaten inexorable imprisonments , yea banishments to them , if they but once presume to teach , preach , or administer sacraments ( according to their [f] obliged duty , and christs own injunction ) in publike or private , for the peoples edification , or their own or families supportation ? vvhen thousands of romish vvolves , hereticks , sectaries of all sorts are so busie in all parts , to seduce , devour their flocks , now left [g] like sheep without a shepherd in many places ? the lord give those whom it most concerns , and the whole nation , eyes timely to discern , and hearts to bewail , reform this soul-devouring barbarous cruelty . and let those who have been instrumental contrivers of , or actors in it , consider and remember , mat. 7.2 . with what judgement ye judge , ye shall be judged ; and with what measure ye mete , it shall be measured to you again : and james 2.13 . for he shall have judgement without mercy , that hath shewed no mercy ; but this extremity of cruelty even to the minsters of christ himself , and all those they deem their enemies , is contrary to the express precepts of christ himself , mat. 5.44 , 45. rom. 12 , 20 , 21. it is very remarkable , that [h] dr. william peirce late bishop of bath and wells , who in the ruff of his episcopal power and pride , presuming on his great court-friends , suppressed all lectures and lecturers , both in market towns and elsewhere , glorying in this his impious tyranny ; and thanking god , that he had not a lecture left in his diocesse . and when he absolved mr. devenish minister of bridgewater , ( whom he suspended ab officio & beneficio , onely for preaching a lecture in his own parish church on the market day , which had continued above 50 years without interruption ) used this speech unto him , intimating , that preaching a lecture was as hainous a crime as committing adultery : [i] goe thy way , sinne no more , ( in preaching a lecture ) lest a worse thing happen to thee : was by gods just retaliating judgement soon after , quite stripped of his episcopal power and revenues upon his impeachment in parliament , committed prisoner to the tower , sequestred , and now reduced to such extremitie , that in november last , he came to an honourable knight of mine acquaintance in westminster , complaining to him , he had not bread for him and his to put in their mouthes ; intreating his favour to procure any lecturers or curates place for him , though never so mean ( which he by all the friends he had could no where obtain ) to keep him from starving . vvho thereupon minded him of these his former speeches , and cruelty towards other lecturers and ministers , whom he reduced to extreme povertie ; wishing him , to take special notice how god had justly requited him in his own kinde , so as himself would now turn lecturer , or the meanest curate under others , in his old age , to get but a meer subsistence , and yet none would intertain him , as himself confessed , in any place . so as the judgement threatned against ely his posterity , 1 sam. 2.36 . ( and it shall come to passe , that every one that is left in thine house , shall come and crouch to him for a piece of silver , and a morsel of bread , and shall say ; put me i pray thee into somwhat about the priesthood , that i may eat a piece of bread ) was now actually fallen on this great prelate . and let others now greater than he in his highest condition , consider it , though never so well fenced with guards and armed forces by land or sea , lest god reduce them and theirs to the like extremities , as they have reduced these ministers of christ , with sundry others : and that upon the serious consideration of this memorable history , recorded in [k] aelian concerning dionysius the younger , in these very words . dionysius junior , imperium habebat optime constitutum , munitumque hoc modo . naves possidebat non pauciores quadringentis ; hexeres et quinqueremes . pedestres copias ad centum millia hominum , equitum novem millia . civitas vero syracusanorum maximis portubus erat instructa et moenibus altissimis circundata , atque in promptu habebat omnem apparatum bellicum ad alias naves quingentas . reconditum etiam habebat frumentum ad centum medimnorum myriades ; et armamentarium scutis , gladiis , hastis , tibialibus innumeris , thoracibus & catapultis plenum refertumque catapulta autem inventum fuit ipsius dionysii . praeterea sociis infinitis vigebat . his rebus confidens dionysius , adamante firmatum imperium obtinere se putabat . sed ipse primum fratres suos morte affecit . vidit etiam filios suos crudelissime mactari , et virgineum pudorem filiabus eripi , atque deinde nudas trucidari . breviter , nemo ex ejus propagine sepulturam justam adeptus est . nam alii vim combusti sunt , alii dissecti , & in mare projecti sunt . id adeo evenit ei , cum dion , filius hippa●ini , imperium invasisset . ipse vero in extrema paupertate senex mortuus est . theopompus dicit eum nimiae meri potationis vitio ejus oculos laborasse , ita ut caecutiret , et sedisse in tonstrinis , risumque scurriliter hominibus commovisse , atque in media graecia turpiter & praeter decorum versatum miserrimam vitam traduxisse . ita non leve documentum extitit mortalibus , ad amplectendam temperantiam et morum honestatem , dionysii ex tantis opibus in tam miserum statum , rerum vicissitudo . pulcherrime a diis immortalibus comparatum est , ut nullam tyrannidem usque ad tertiam generationem propagent , sed aut confestim tyrannos tanquam proceras piceas perdant et extirpent ; aut liberos eorum viribus denudent ac spolient . if god deal thus with heathen , will he not deal more severely with christian tyrants , and underminers of his gospel , who condemn others for that wherein they now exceed them . rom. 2.1 , 2 , 3 ? and here ( having done with my discoveries ) i cannot but seriously lament , to consider , that as many of the late over-zealous new modellers of our state , to accomplish their own self-ends , have ( contrary [z] to all their former protestant principles , oathes ▪ protestations , covenants , remonstrances , commissions , trusts , obligations ) ignorantly , or wittingly imbraced , pursued , justified , imitated , practised , if not out-acted the very worst and most dangerous , seditious , treacherous , antimonarchical positions , practices , politicks of antichristian popes , and machiavilian iesuites . so divers over-rigid presbyterian , independent ministers , and reformers of our church , out of a preposterous zeal and scrupulosity , have blindly , rashly , or unadvisedly taken up , maintained , practised the erroneous tenets , and exorbitant practices of popes , romish priests , prelates , iesuites , against the very doctrine , institution , usage , precepts of christ himself , the primitive fathers , church , christians , in discontinuing the frequent administration of the holy communion to their people , and secluding all or most of their parishioners from it sundry months , nay years together , by their own new papal authority , without any lawfull cause , hearing , trial , or excommunication , judicially denounced against them ●or any scandalous sins , whereof they are duly convicted , when as they freely admit them to all other publike ordinances , without the least suspension from them ; instead of inviting , exhorting , compelling them ( [a] according to their duties ) to the frequent participation of this soul-converting , heart-refreshing , grace-communicating heavenly supper , wherin the remembrance , fruits , benefits of our saviours passion are most lively represented to their senses , and applied to their souls : which anti-christian , sacrilegious , new kind of reformation ( to advance their own interests , power , no● christs kingdom , glory , ) is principally founded on these ensuing erronious popish principles , all bottomed on and flowing from that monstrous absurdity of transubstantiation , and christs corporal presence in this sacrament , which all [b] protesta●ts abominate , refute , renounce . 1. that christ , and god himself , are more really , immediately present , and conversed with by christans in the lords supper , than in any other publike holy ordinance whatsover ; asser●ed generally by all [c] popish councils , schoolmen , iesuits , canonists , casuists in their decrees , masse-books , offices , manuals , treatises , controversies touching the eucharist , sacraments , masse , and transubstantiation : and more particularly by [d] mr. harding against bishop iewel ; who refutes it in the name of the church of england : yet now professedly avowed of late in a brotherly and friendly censure of my 4. quaeres , p. 8. in dr. drake his anti-quaeries , and b●undary to the holy mount , and sundry others , as their chief ground of keeping , suspending , all those they deem unworthy from the sacrament of the lords supper alone , but from no other part of gods worship . this opinion first sprung from popish transubstantiation ; which as it introduced [e] adoration of , prostration , kneeling , bowing to , towards , before the consecrated elements , altars , and railing in altars in the church of rome : so it [f] lately brought into our cathedrals and parish churches , prostration , kneeling , bowing to , and before the sacramental elements , and rayling in of altars , lords tables at the east end of our quires , in imitation of the romanists , by our popish prelates and priests ; witnesse archbishop lauds own words , in his speech in star-chamber , an. 1637. p. 47. the altar is the greatest place of gods residence upon earth ; i say , the greatest ; yea , greater than the pulpit . for there t is , hoc est corpus meum , this is my body ; but in the pulpit , it is at most , but hoc est verbum meum , this is my word . and a greater reverence ( * no doubt ) is due to the body , than ●o the word of the lord . and so in relation answerably to the throne where his body is usually present , than to the seat , where his word useth to be proclaimed . ●hich popish dotage of his , seconded by dr. pocklington , dr. heylin , dr. laurence , edmund reeve , shelford , and other popish innovators , i have [g] elsewhere at large refuted . 2. that the lords supper is more holy , dreadfull , excellent , venerable , and more dangerous , damnable to such who unworthily approach unto it , than any other sacrament or divine ordinance whatsoever : and therefore necessarily requires a greater measure , degree , and another manner of worthinesse , fitnesse , preparation , qualification , self-examination , confession of sins , faith , repentance , grace , holinesse in those who are to be admitted to receive it , than baptism , prayer , hearing , reading of the word , thanksgiving , fasting , or any other part of gods publike worship ; to which they ( and our rigidest presbyterians ) freely admit all thei● parishioners , without any trial , or transcendent worthinesse , fitnesse , or preparation . hence [h] popish councils , writers , stile the lords supper , excellentissimum sacramentum : quia continet in se , actorem totius gratiae et sanctificationis dominum nostrum jesum christum : et verum christi corpus , et sanguinem . and thence inferre . excellentia hujus sacramenti requirit dignum mysterium ; et ideo volens recipere vel conficere tantum sacramentum , debet se praeparare , per contritionem , et veram confessionem peccatorum suorum , ac puram devotionem . statuimus quod nullus deinceps ad eucharistiae sacramentum teneatur aliquem admittere , nisi prius illum audierit in confessione , aut prius sibi fide facta , quod more fidelium poenitentiae reciperit sacramentum . nemo sine speciali contritione , confessione , et satisfactoriis operibus dignè praemunitus , ad eucharistiam sumendam accedat . moneantur conjugari non ni● praeparata aliquot dierum continentia ad eucharist● sumpsionem accedere , &c. which very popish doctrine and consequence of an extraordinary transcendent degree of worthiness , preparation , &c. are professedly asserted by the authors of the antidote to , and brotherly friendly censure of my four questions ; dr. drake in his anti-quaeries , boundary ; mr. collins in his juridical suspension , and others . 3. upon these precedent false principles , and the extraordinary danger of unworthy receiving , the popish priests and prelates inferr [i] that they are bound to admit none to the lords supper , but such whom they upon a precedent private examination and confession of their sins to themselves , or such as they appoint , shall absolve and deem worthy , and prepared to receive it . and their councils decree . nullus parochus ad hujus sacramenti sumptionem quempiam admittat , cujus conscientiam non noverit , aut ipse , aut ab eo ei negotio praefectus . nec quemquam parochi seu curati ad communionem admittant , nisi quem privs sciverint confessum fuisse peccata , aut ipsis , aut eorum vicariis , seu sacerdotibus deputatis . and upon the self-same grounds as the church of * saxony in the beginning of reformation , admitted none to the communion , unlesse they were first examined , heard , tried , and absolved of the pastor and his fellow-ministers : complying herein over-much with the papists ; so now [k] mr. rutherford , [l] dr. drake , [m] mr. collins , and other over-rig●d presbyterians assert ; they are bound in duty , conscience , prudence , first , to try , examine the knowledge , faith , graces , repentance , lives and visible worthinesse of all their parishioners , before they come to the lords supper ; to admit none thereto , but such whom they and their presbyteries upon trial shal deem worthy and prepared to receive it , and to seclude all others from it : concurring herein with these popish priests and prelates . 4. that there is [n] a letter excommunication , whereby the prelates and other officers of the church , are authorized , impowred judicially , by way of church censure , to suspend and keep back scandalous , ignorant , unconfessed , obstinate church-members , who refuse to submit to the examination and orders of the church , from the sacrament of the lords supper only , without any actual sequestring of them from any other publike ordinances , in which they may freely communicate with other christians ; distinct form that excommunicatio major , which totally secludes christians from entring into the church , and all christian fellowship and communion in any publike ordinance , and all private society with christians . which lesser excommunication , was first introduced by popish councils , canonists , casuists , only for lesser mortal sins , and conversing with pe●sons lying under the censure of the greater excommunication ; and is now most eagerly asserted by [o] mr. rutherford , [p] mr. gillespy , [q] dr. drake , [r] mr. collins , [s] the ministers of syon college , and others as committed to chu●ch-officers and presbyteries by the will and testament of iesus christ ; though no ways warranted , but contradicted by all the scripture test●monies they produce to warrant it , and by the practices of the primitive church , as i have proved at large in [t] former publications . the only memorable particular example recorded in antient ecclesiastical histories , of a publick excommunication denounced by a bishop for a scandalous crime ( especially against his soveraign ) is that of st. ambrose , bishop of millain , against the emperour theodosius the first , thus recorded by [u] theodoret , and others . the inhabitants of thessalonica ( a rich , populous city in macedonia ) in a popular tumult slow their iudges and all who took part with theodosius in the government : wherewith he being highly incensed , so far exceeded the bounds of justice and reason in the punishment thereof , that he caused his souldiers , without sea●ching out the malefactors , to slay prom●scuously in a rage no lesse than 7000 of the citizens ; putting no difference betwixt the guilty and innocent . after this bloody execution , at the emperours next coming to the church of millain to pray , and do his devotions , as of custom he used , st. ambrose stepping to the church-door , as he was about to enter into the church , with much boldnesse prohibiting him to enter , used this speech unto him . thou seemest , o prince , not to understand what a monstrous slaughter of people is committed by thee , neither doth rage suffer thee to weigh with thy self what thou hast done ; yet must thou know , that from dust we came , and to dust we shall . let not therefore the brightnesse of thy robes hide from thee the weaknesse of flesh that is under them . thy subjects are of the same metal that thou art , and serve the same lord that thou dost . with what eyes therefore wilt thou behold the house of this common lord , and with what feet wilt thou tread on his holy pavements ? wilt thou reach those hands , dropping yet with the blood of innocents to receive the most sacred body of the lord ? wilt thou put that precious blood of his to thy mouth , which in a rage hast spilt so much christian blood ? depart ra●her , and heap not one sin upon another . neither refuse this bond ( of excommunication ) which the lord of all doth ra●ifie in heaven . it is not much , and it will restore thee the health of thy soul . all which the emperour hearing with great patience , returned presently to his palace , without entring the church , obeying the excommunication , and there continued above 8 moneths space , without coming any more into the church , or putting on his emperial robes . after which , upon his earnest request and publike repentance for this crime , and his enacting this law by st. ambrose his advise , by way of penance ( as some write ) that from thenceforth no man whom he or his successors should condemn to dye should be executed within thirty dayes after the sen●ence of death denounced against him : he being absolved from his excommunication , came again into the church , and there making his prayers , and performing his devotions , received the sacrament of the lords supper . from which history it is apparent , 1. that excommunicate persons in that age , were not suspended only from the lords supper , but secluded from entring into the church it self , and from all publike [x] divine ordinances used in it , as well as from the lords table , and from 〈◊〉 christian communion . hence [y] sundry councils since , with [z] gratian , and all [a] popish canonists resolve and decree , major excommunicatio separat ab ingressu ecclesiae , à sacramentis , et à communione fidelium . excommunicatus non potest interesse divi●is officiis , aut cum aliis orare in ecclesia ; nec debet extra ita prope stare quod audiat . and if any such excommunicate person come into the church , he is presently to be thrust out of it , and the priest must give over his begun masse , prayers , preaching , and not proceed therein , till ●e depart the church : neither may any christian wittingly eat , drink , conferre , or trade with such a one , under pain of excommunication : yea our own statute of 5 e. 6. ch. 4. against such as fight and strike in the church , enacts that such an offender shall be excommunicate , an●be excluded from the fellowship and company of christs congregation : this excommunication our laws , [b] lawbooks take notice of , which likewise disables men to sue in any civil court of iustice , if pleaded in barr against them under seal . in brief : the 33 article of the church of england , ratified by the statute of 13 eliz. c. 13. and subscriptions of all our ministers , defines excommunication to be a cutting off from the unity of the church , and whole multitude of the faithfull , who ought to avoid an excommunicate person as an heathen and a publican , untill he be openly reconciled by penance , and received into the church , by a judge that hath authority thereunto . and the confessions of bohemia , c. 8.14 . of helvetia , c. 16. of the french churches , c. 32 , 33. describe excommunication to be , a removal of wicked , scandalous , obstinate sinners from the holy fellowship of believers , a throwing them out from the church , and delivering them to satan by ecclesiastical punishment . and absolution of such upon repentance , to be , a taking them again into the church , to the communion of saints and sacraments . therefore the new-found suspension and excommunication of scandalous persons only from the sacrament of the lords supper , without seclusion from the church and other ordinances , now so much contested for , is but a meer popish innovation , not warranted by scripture , antiquity , our own statutes , articles , or other protestant churches confessions . 2. that in that age all church-members freely admitted to the publike prayers of the church , and not thus actually excommunicated from all ordinances and the church it self , were freely admitted to the lords supper , and all excommunicated persons too , upon their absolution . 3. that the lords supper in that age was usually received by all church-members , when ever they publiquely assembled to pray or hear gods word : and no other , no greater worthinesse , holinesse , qualification , preparation , or self-examination required for christians free admission to the communion , than to other publike duties , which it did then daily accompany . this president of st. ambrose his excommunicating this godly emperour theodosius , and keeping him above 8 moneths space from the church and all publike ordinances ; only for his over-rash execution of justice upon his rebellious mutinous subjects , upon so great a provocation , notwithstanding his present humiliation and sorrow for it upon the first reprehension , and that without any precedent , private or publique admonition ; as is no ways waranted by any precept or president in gods word , nor parallel example in the primitive church , and censured by sober [c] protestants , as over-harsh , indiscreet , rash , and too pon●sical ; yea such , as might have then produced [d] a dangerous schism in the church , to the great prejudice of religion , had not this godly emperour been more humbly patient , prudent than st. ambrose ; so it hath in later ages been [e] much abused , and insisted on by antichristian trayterous popes , popish prelates , iesuits , priest to justify their many illegal , unchristian , unrighteous excommunications of christian emperors , kings , princes ; their deposing them from their empires , crowns , kingdoms ▪ their absolving their subjects from their allegiance to them , and taking up arms against them , to the great disturbance of most christian empires , realms , states , churches . therefore it can be no justification or proof at all for any of our protestant ministers wilfully to ab●●ain from the celebration of the lords supper , and seclude excommunicate all their parishioners from it , not only 8. whole moneths , but almost so many years together upon the forementioned popish principles ▪ or any other ground ; especially not being all actually excommunicated or secluded from the church and all other publike ordinances as he was , but freely admitted by them to the church , and all other publike ordinances but the holy communion , which he was not . the s●d effects whereof , instead of making their people more worthy , more prepared to receive this sacrament , and more regardfull of it , i have [f] elsewhere touched and shall more largely insist on in its due place . only here i shall desire our ministers to observe , what [g] two popish french councils heretofore have noted , ●ouching the debarring particular persons only from the lords sapper for a years space or two , by vertue of actual excommunications judicially denounced against them , and the dangerous effects it hath produced , instead of working any reformation in them or others . quia nonnulli excommunicationum sententias , et quod detestabilius est , dominici corporis sacramentum contemnentes 〈◊〉 temporibus in sen●entus morantur de participatione dominici corporis non curantes , &c. quonian multos reperimus in●urato animo claves sanctae matris ecclesiae vilipendentes excommunicationis se●temi●im diutius sustinere , corpus christi in ecclesia in biennio vel triennio non suscipere , vel etiam non conf●●eri . praecipimus omnibus et singulus rectoribus , &c. ut in tal●bus salubre consilium apponatur . if these their judicial excommunications of particular persons , instead of reforming their lives , made many of them only to contemn the censures of the church , and the very sacrament of the lords body , which is more detestable ; and not to care to receive it in two or three years space ; which they reputed a horrid mischief fit to be redressed by wholesome counsel : then certainly our ministers antichristian , undiscreet , * wilfull keeping back , excommunicating of whole churches , parishes , cities , from the sacrament two or three years space together , or more , without any actual excommunication legally denounced against them for any scandalous sins , must ne●ds b● a more detestable crime , and make the generality of the people not only to neglect , contemn their authority , ministry , church-censures ; but even the sacrament of the lords supper in self , yea totally to withdraw themselves from it , and all other publick ordinances , yea from our churches too , as many thousands of them have done of late years , since debarred from this sacrament , under pretext of making them more fit and worthy to receive i● ere admitted to it . it is an antient proverbial experimental truth in most other things and christian duties , and so in this ; qui non est bodie , cras minus aptus erit . those parishioners whom our ministers deemed unfit , unworthy to receive this sacrament the first year they withheld it from them ; they find more prophane , unfit , neglectfull to receive it the next year , yea much more the third and fourth year , than the second ; upon which account they have wholly cast this sacrament aside for sundry years ; and must do so till doomsday , against christs own command , their ministerial office , and the primitive churches , fathers practice in frequent administring the communion to all their people . let them therefore henceforth learn this politick , safe lesson , even from their popish tutors ; who debating these questions , [h] utrum presbyter peccet mortaliter dando eucharistiam ei quem scit in peccato mortali constitutum ? and , nunquid esset minus malum dare tali hostiam non consecratam , vel non consecrare , quam eucharistiam tali dare ? resolve negatively , with some distinctions , as to the first ; and to the last without any distinction , thus . [i] resp : quod non : ideo dicitur , prorsus quidem falsa remedia sunt absicienda , quae veris et manifestis periculis sunt graviora : as this debarring the people from the sacrament for so long a space hath experimentally proved ; occasioning many more grievous sins , mischiefs , than it hath prevented : being a remedy far worse , and more dangerous than the diseases it should cure . wherefore since (i) st. aug. r●●olve● ; ne catholicis quidem episcopis consentiendum est sicubi fo te f●lluntuc , et contra canonicas scripturas al●q id setiant : and (2) pope pius the 2d . concludes , re●stendum est quibuscunque in faciem , sive paulus , sive●●●●us si , qui ad veritatem non ambulat evangelii : with whom (3) bishop iewel concurr . i hope none of our ministers guilty of this crime , can or will be offended with me for his my plain dealing with them . and i shall intreat all such indiscreet over-rigid ministers seriously to consider , the popish principles forementioned wheron thi● their false remedy is founded ▪ with the bi●ter fruits it hath produced : and seeing it is an unquestionable sin in themselves not to administer or ●●ke ; an● in their people , not to receive the sacraments many moneths , nay years together , ( as well as not to pray , preach , read , hear , sing psalms , and praise god for his mercies , nor neglect baptism : ) let them now at last repent , reform without delay , and no longer excuse , much [k] lesse defend this sacrilegious unchristian sin , since [l] primasius , and [m] bishop iewel resolve ; nemo periculosius peccat , quam qui peccata defend●t ▪ and st. [n] paul himself determines , tha●there damnation is just , who do evil ( yea so great an evil as this ▪ to rob whole parishes of the lords own supper , table , cup , body , bloud for divers years ) that good may come of it : much more if they persevere imp●nitently therein , after all admonitions to the contrary . the (4) emperor domitian intending a reformation of the empire , which afore his time , tiberius , caligula , nero , and other wicked emperors had spoiled and defaced , asked apollonius tyanaeus , a philosopher , what order were best to be taken therein ? who made him answer ; sir , you must do as the musician bad his scholars do . how is that ? said domitian : sir , quoth apollonius , there was a cunning musician , that set his scholars to an ignorant and homely minstrel to learn musick of him ; but before he sent them out , he gave them this lesson ; whatsoever ye see your master do , see that ye avoid it ; he is unlearned , and his lessons and manner of singing naught ; therefore see ye do the contrary . even so may i say ; whatsoever we see that they have done , who were our late masters before us , that have almost destroyed our churches and realms too , by their unskilfulnesse , erronious doctrines , illegal practices , innovations , oppressions , schisms , tolerations of all religions : &c. let us now do the quite contrary , to repair , restore them to unity , tranquillity , prosperity , safety . more particularly , set all our ministers combine together henceforth duly and frequently to administer the holy communion to their people ( being the chief means , bond of christian love and unity : yea signum demonstrativum unitatis ecclessae cui homines aggregantur per ipsam ; as the [5] school-men , canonists , our own a●ticles , with foreign protestant churches resolve ; [6] a chief means of begetting , continuing , encreasing , confirming grace and holiness of life : ) and likewise diligently to exhort , excite , perswade , compell their people to repair frequently , constantly , with due preparation , and self-examination to this heavenly banquet ; yea in no wise to neglect it when administred ; and that in obedience to [o] christs command , and upon this consideration of the [p] council of bu●deaux , ann. 1582. quemadmodum corporibus , sic & animis , sua sunt alimenta tribuenda ; ne si multo tempore jejum , languidique permanserint , in laboriosa vitae humanae peregrinatione et vi● deficiant . ideoque pane vitae quae de coelo descendit , nimirum sa●●● sancto christi corpore , quod in eucharistia continetur , parochi populos sibi commissos pascere satagunt , et assiduis cohoriationibus ad hunc coelestem cibum invitent , &c. and if this will not prevail , let at least the consideration of this notable canon of the popish council of rhemes it self , anno 1583. induce them thereunto . [q] cum nihil habeat christiana religio sacramento eucharistia prastantius & augustius , nihilque ad sanctè et inculpatè vivendum efficatiu : ejusdem frequentissima participatione , dolemus tantam esse christianorum hujus temporis incuriam , ut semel tantum in anno sumant tam salutaris sacramenti substdia . quare paroe●i et qui ad divini 〈◊〉 pr●●trationem asciscuntur deinceps . de frequentis communionis antiquo usu , ejusdemque miris fructibus et utilitate disserant , ●t fidelibus persuadere ●itantu●●●ra● mark ●● nullum esse modum aptiorem et compendiosiorem , quo sopitis et extinctis haeresibus , ecclesiae apostolicae facies nostro seculo redeat . nos quoque fi●eles omnes hortamur , et per ●●scera m●sericordiae d●i nostri obsecramus ut quam saepissime , saltem vero diebus solennibus communicent , et quotiescunque postulaverit ingruens necessitas , quae vitam humanam ●n discrimen et periculum adducat . and seeing there is in * prayer , hearing , and all other sacred duties as well as this , a like double danger ; the one in neglecting , contemning them , which is the * greater ; the other in the unworthy performing of them , which is the lesser sin ; let our ministers in this case presse both of them together on their people , and not the lesser danger only of unworthy receiving , without the greater peril of contemning or neglecting to receive the sacrament , when publikely administred ; according to the decree of the [r] council of cavailon under charles the great , an. 800. in perceptione corporis & sanguinis domini magna discretio adhibenda est . cavendum est enim ne si nimium in longum differatur , ad perniciem animae pertineat ; dicente domino ; nisi manducaveritis carnem filii hominis et biberitis ejus sanguinem , non habebit is vitam in vobis . si verò indiscretè accipiatur , timendum est illud , quod ait apostolus : qui manducat et●bibit indigne , judicium sibi manducat et bibit . iuxta ejusdem ergo apostoli documentum , probare se debet homo ; et sic d● pane illo manducare , et de calice bibere . and according to that epistle of [s] theodulphus aurelianensis episcopus , anno 835. ad fatres et compresbyteros suos au●e●ianensis parochiae sacerdotes : who thus advised them . admonendus est populus ut ad sacrosanctum sacramentum corporis et sanguinis domini nequaquam indifferenter accedat , nec ab hoc nimium abstineat : sed cum om●i diligentia eligat tempus , quando aliquandiu ab opere conjugali abstineat , et vitiis se purget , virtutibus exornet , elecmosynis et orationibus insistat ; et sic adtantum sacramentum accedat . quia sicut periculosum est , impurum quemque ad tantum sacramentum accedere . ita etiam periculosum est ab hoc prolixo tempore abstinere : salva ratione illorum , qui excommunicati , non quando eis libet , sed certis temporibus communicant , et religiosis quibuseunque sanctè viventibus , qui pene omni die id faciunt . singulis diebus dominicis in quadragesima , praeter hos qui excomm●nicati sunt , sacramenta corporis et sanguinis christi sumenda sunt , et in coena domini , et in parasc●●e , in vigilia paschae , & in die resurrectionis domini penitus ab omnibus communicandum , ●t ipsi dies paschalis hebdomadae omnes aequali religione colendi sunt . the like advise of pressing the people to the frequent receiving of the lords supper , yet with due preparation , and admonishing them withall of the danger of neglecting the sacrament , as well as of the unworthy receiving it , is given by the synod of lingen , anno 1404 , and the council of [t] burdeaux , anno 1582. ( as also by the church of england in her liturgie confirmed by parliament : ) and this synod of lingen withall resolves , that if any person for any great offence or enormous sin be adjudged but not declared and published excommunicate , if he come publikely to receive the sacrament , his parish priest may then thus admonish him in secret : amice , tu s●is quod fecistitale quid , propter quod tu es excommunicatus ; caveas quid tu vis facere . tu enim si accepis corpus christi , sumes in tuam damnationem : persuadeat sibi quod desistat à perceptione 〈◊〉 o●od si ille non vult desistere , tunc sacerdos sibi ministret ; quia in publicis negotiis sacerdos non debet illum excludere ; sed in privatis non debet secum par●●● 〈◊〉 . which i wish our non-communicating ministers to consider . the reason is , because he is still a church-member , till actually denounced excommunicate● ; and so not to be actually secluded from any publick ordinance , to which he hath a just right , as a church-member ; even as every member of a kingdom or state , though guilty of any capital crimes deserving death , out-lawry , disfranchisement , or banishment , enjoys the benefit of all the laws , liberties , privileges of the kingdom , state , whereof he is a member , and cannot be justly debarred of them , ●ill actually and judicially o●t-lawed , disfranchised , exiled , or condemned to death for his offences , by the lawfull magistrate . i have lately [u] published in print , what legal writs , remedies , all injured parishioners illegally debarred whole years together from this sacrament , by a worse ●han papal sacrilege and usurpation over them , may have , to compell their refractory ministers to administer the lords supper to them at accustomed seasons , according to our laws , and the articles , rubricks of our liturgie , confirmed by parliaments ; to which i shall only adde , that i am clear of opinion , that parishioners in such cases , may sue out a special writ upon the statutes of 1 e. 6. c. 1. & 1 eliz. c. 2. de sacramento eucharistiae parochianis deliberando ; or , de parochianis ad eucharistiae sacramentum admittendis ; by the self-same justice , law , reason , equity , as the [x] register , and our printed law-books resolve ; they may sue forth a writ de copia libelli deliberanda , to the bishop , official , or dean of the arches , upon the statute of 2 h. 5. c. 3. commanding them to deliver to the parties prosecuted a copy of the libel without difficulty , where grantable by law , when they refuse to do it , contrary to this statute ; or , a writ , [y] de admittendo idoneam personam ad ecclesiam ; or , de cautione admittenda : or , quare impedit praesentare : or , quare non admisit , to bishops and other ecclesiastical persons , where and when they refuse to adm●t their clerks to those benefices to which they present them ; or to absolve them upon caution tendered to them , contrary to law and their duties . or writs [z] de clamea admittenda in itinere ; or , de at ornato admittendo et recipiendo ; to justices in eyre , sheriffs , and other courts , when they refuse to admit their claims , or attornies , contrary to iustice , law , and the statute of merton , c. 10. the very common law of england gives every landlord these several writs , [a] de consuetudi●bus et serviciis ; de secta ad curiam ; de secta ad molendinum , to compell their tenants , to perform the accustomed services , sutes , and duties which they owe unto them by their tenures , though they concern only their temporal estates : and will it not by like writs , justice , reason then , constrain our refractory parsons , vicars , ministers to perform the accustomed spiritual duties , services , and administer the holy communion to their parishioners , at usual seasons , ( as themselves and their predecessors have constantly done heretofore time out of mind , and they are still obliged to do ) which concern the very spiritual comfort and salvation of their souls , and ought not to be denied or deferred to them any longer ? our common laws , lawbooks , statutes have provided these several special writs , for the inviolable preservations of the liberties , privileges , rights , preventing , redressing the injuries , and recovering the tithes , dues of clergy-men , that they may the more freely , chearfully discharge their ministerial duties , and diligently administer the sacraments to their people . [b] de clerico infra sacros ordines constituto non eligendo in officium ballivi , bedelli , &c. de viris religiosis , quod non veniant ad visum franciplegii . quod clerici non ponantur in assisis . de clerico per statutum mercatorium non capiendo . de clerico capto per statu●um mercatorium deliberando . de clerico convicto deliberando ordinario . quod personae ecclesiasticae quieti sint de theolonio . quod ecclesiasticae personae non amercien ur secundum beneficium . de decimis solvendis parsonis et vicariis ecclesiarum pro possessionibus alienigenarum : all which we find in the register , and our printed law-books ; besides sundry writs in par. 10. h. 3. dors . 9. claus. 12. h. 3. pars 1. dors . 7.3 . pat. 20. h. 3. m. 24. claus. 20. h. 3. m. 3. and 19.10.15 . claus. 32. h. 3. dors . 15. and [c] other records , for the due payment of tithes out of the kings own demeasn lands , mills , parks , forests , to those ministers , bishops , abbots to whom they were due , or formerly granted . claus. 18 h. 3. m. 5. a writ to exempt clergy-men from paying toll and customes for goods bought of , sold by them for the sustentation of themselves and their families . and claus. 39. e. 3. m. 8. a special writ , quod viri ecclesiastici non contribuant pro clausura villae de coventry , there being a commission issued to assess the inhabitants to wall this city , towards which they would tax the clery . therefore by the self-same justice , reason , equitie , our common laws will provide special writs , and remedies for the people , to enforce their parochial ministers , vicars , by power of our temporal courts of justice , to administer the sacraments duly to them , according to their bounden duties , and render them this their spiritual food at the lords table ; especially seeing they have now no legal remedy to enforce them to it , and punish them for neglect thereof in our exploded ecclesiastical courts , as they might do heretofore . trin. 17 iacobi b. r. the parishioners of sutton valence in the county of sussex , according to their custome chose two churchwardens ; the bishops official at the visitation refused one of them , and swore another churchwarden in his place , which had been churchwarden before 5 years together , and was very contentious , and a maintainer of sutes before the official . after much debate a writ was awarded out of the kings bench by the judgement of the court to the official , to admit and swear the churchwarden the parishioners had elected , according to the president of 26 e. 3. where the bish. of exeter was commanded to confirm the children , and send crism to the parishioners of st. burian in cornwall , which he denied them : and fitzh : nat. brev. f. 200. where a mandatory writ issued to the mayor of oxford to enroll a demise ; and to the ordinary to prove a will , and to the lord to hold a court : as they are obliged to do by law and right . mich. 22. iacobi b. r. mr. noy moved the court for a mandatory writ to the ordinary , for the parishioners of st. thomas in london , to admit two churchwardens which they had elected according to their antient custom ; against which the parson objected the canon , that he was to elect one of them : which upon consideration of the precedent cases , was granted . the like writ to admit churchwardens chosen according to custom , was granted to the parishioners of st. magnes in london , tr. 7 caroli b. r. and to the parishioners of st. ethelboroughs london , tr. 15 caroli b. r. wherein the custom of electing churchwardens by the parishioners was adjudged a good custom in law , which the canons made in convocation , anno dom. 1603. canon 89. could not impeach or deprive them of being a temporal right and inheritance setled in them . the like president was in pasc. 4 caroli , b. r. rot. 420. & tr. 7 caroli , rot. 1391. mr. noy in the case of st. thomas parish , cited such a writ to the convocation house 21 e. 3. reciting , that they affirmed our lawyers held a damnable opinion , because they would by writs . de cautione admittenda , compell bishops and ordinaries to grant absolutions to excommunicate persons without amends , upon sufficient caution tender●d , which sufficiency was issuable , and to be tried at the common law . judge whitlocke m. 22. iacobi b. r. and pasc. 2. car. b. regis , cited one midlecotes case adjudged in the kings bench to this effect . a constable was elected and sworn in a court leet ; the iustices of peace at the sessions refused him , and elected and swore another . wher●upon the lord of the leet sued out a writ of restitution to the justices of peace , to allow of and restore the constable chosen in the leet , being the lords inheritance : so if a town-clerk , alderman , burgesse , recorder , or mayor of a town , be unjustly kept out , or removed from his place , or disfranchised ; a writ of restitution will be , and ought by law to be granted out of the kings bench , to restore them to the possession of their places , as t is resolved in sir iames baggs case , trin. 13 iacobi . cooks 11 report . f. 93. &c. in audlyes case , pas. 2. caroli , b. r. in bostons case ; the case of an alderman of coventry ; mr. manniptons case , recorder of launceston in corrwell , and sundry others in king charles his reign . therefore by like law , justice , reason , a like writ of restitution will lye for all those parishioners , to restore them to the frequent use and actual enjoyment of the lords supper , who have been injuriously , unchristianly , and sacrilegiously ( without any legal sentence of excommunication for any legal cause ) kept from it , by their imperious ministers , against the lawes of god and the realm : it being resolved in * bagges case , that the court of kings bench hath authoritie , not only to correct judicial errors in proceedings , but other errors and misdemeanors extrajudicial , tending to the breach of the peace , or oppression of the subjects , or to the raising of faction , controversie , debate , or to any manner of misgovernment ; so that no wrong or injury whether publike or private , may be done ; but that it shall be there reformed , or punished by due course of law . i find in the [d] register of writs , a recital in a consultation ; that the archdeacon of norwich antiently in his spiritual court , sued a parishioner , ex officio , for substracting his accustomed oblations at easter , christs nativity , and all saints , &c. et viaticum quod a singulis catholicis semel in anno recipi debet , cessante legitimo impedimento , per multos annos recipe●e recusavit , in perniciosum exemplum al●orum . who procuring a prohibitien to stay this sute , and prevent the corporal punishment to be inflicted on him for these offences , pro salute animae : thereupon the king granted a special consultation to the archdeacon , to proceed in this cause , notwithstanding the prohibition ; to punish this notorious delinquent , who refused to pay his oblati●ns , and to receive the lords supper for many years , ( which * ought to be received by all christians once a year at least ) to the pernicious example of others : therefore by like justice ( now these ecclesiastical courts are suppresed ) ought special writs to be issued out of our temporal courts , to correct , punish all such ministers , who ( to the pernicious example of others , the scandal of our church , religion , and prejudice of their peoples souls ) for sundry months and years together , have peremptorily refused to administer the lords supper to their parishioners , though importuned by them to do it ; and likewise to punish all such parishioners , who have obstinately , schismatically or prophanely refused , or neglected to receive it , in such places where it hath been duly administred ; and that [e] by the very statutes of 1 ed. 6. c. 1. 1 eliz. c. 2.13 eliz. c. 12.3 jac. ch. 3 , 4 , 5. which i trust will henceforth be put in vigorous execution against all such obstinate offenders , who shall persevere in the sacrilegious non-administration , or impious non-reception of the holy communion , after these my weak , and other pious mens endeavours to convince them of , and reclame them from these their unchristian practices : i shall conclude with that of [f] s. hilary ; si non sunt tanta peccata ut excommunicetur quis , non se debet à medicina corporis et sanguinis domini seperare ▪ and with [g] capitularia caroli et ludovici imperat●r : lib. 7. c. 371. placuit , ut omnes ●ui ecclesiam intrant ( nisi a suo fuerint excommunicati sacerdote ) communicent . si qui autem hoc facere no●uerint , tamdiu à communione et christianorum consortio habeantur alieni , quamdiu per satisfactionem ecclesiae à proprio mereantur per manus impositionem reconciliari episcopo , & sanctae restitui communioni : and that of the whole [h] council of agathen , about 441. years after christ : seculares qui in natali domini , pasca , pentecoste non communicaverint ( and by consequence , clerici qui tunc eucharistiam secularibus non administraverint catholici non credantur , nec inter catholicos habeantur ; but ought to be reputed as meer heathens , publicans , excommunicate persons , unworthy the name of christs ministers or christians . swainswicke , iuly 25. 1656. will . prynne . finis . errata . in the title page line 16. regal , read real . p. 1. l. 5. r. reformers . p. 21. l. 33. or , r. of . p. 23. l. 3. romanum . p. 25. l. 31. two . r. ten . p. 39. l. 11. form , r. from ▪ p. 42. l. 4● r. 12. p. 47. l. 3. singing , r. fingering . l. 32. satagant . margin . p. 21. l. 8. injured , r. maried . p. 35. l. 17 , independency . p. 39. l. 39. opmerus . notes, typically marginal, from the original text notes for div a56210e-390 [a] athanasius epist. ad solitariam vitam agentes . see dr. bilson his true difference between christian subjection , and unchristian rebellion . part 2. p. 182 , 183. [b] hilarius ad constantium . l. 3. [c] hilarius , l. 1. contra constantium . [d] variae historiae l. 5. c. 13. [e] iam. 1.8 . [f] iude 12 , 13 ▪ 16 , 19. [g] 1 iohn . 4.6 . [h] isay 19.13 , 14. * non doctores , sed sedlictores ; non pastores , sed impo●ores . bernard . [i] 1 iacobi c. 1 , 2.3 . iac. c. 1. [k] mat. 12.25.26 . gal. 5.15 . [l] in my cozens his cozening devotions , quenchcole , the popish royal favorite , romes master-piece . hidden works of darkness brought to publike light . canterburies doom . speech in parliament . memento : a gospel plea . ius patronatus , epistle to a seasonable legal vindication , &c. a new discovery of free-state tyranny : the quakers unmasked . [m] see d● . iohn white his way to the true church , and preface before it : & my quakers unmasked . [n] see lamberts f. 19● 333.416 . da ●on , p. 124 , 115. compleat iustice , p. 223. [o] hoveden annalium pars posterior , p. 601 , 602. lambardi archaion . spelmanni concil. p. 619 , 620. see 8 h. 6. c. 1. rastall● parl. 12. [p] see daltons iustice of peace , c. 38. [q] see my royal popish favorite . romes master-piece . hidden works of darkness brought to publike light . canterburies doom . [r] my speech in parl. memento ; epistle to my ●us paronatus ; and historical lae●al vindication . [s] see a new discovery of free-state tyranny . [t] see the beacons fired . [u] a collection of all publike ordinances p. 424 , 425. * fratr● . * frater . [x] my quakersunm●s ked . edit. 2. [y] the newcastle ministers , mr. farmer , mr. baxter , and others . * hidden works of darknesse brought to publike light , p. 93.102 , 101 , to 214.218 , to 252. * fratri . [z] see declaration de pere basil. a sedane 1639. p. 116 ▪ * let those who use these ceremonies still observe it . * that is , frater daniel à sancto iohanne ( st. iohn ) minorum provincialis . [a] see gratian , de consecrat . distinct . 1 , 2. summa angelica & rosell● . tit. absolutio , confessio , missa , &c. bochellus , decreta eccles. gall . l. 1. tit. 6 , 7. l. 2. ti● . 7. [b] see summa angelica & rosella , tit. ordo . bochellus decret. eccles. gall . l. 3. tit. 2. d● ordine . peter lumbard . sent. l. 4. dist. 24. qu. 1. [c] laur. ●ochellus , dec●eta eccl●s . gall . l. 5. tit. 8. l. 4. tit. 1. gratian de consecratione , distinct . 1. panormitan , hostiensis , angelus de clavas●o , thomas zerula , antonius corsetus , and others , tit. episcopus , consecratio altaris , &c. [d] cornelius ●grippa , de vanitate scientia●um . c. 63. espencaeus de continentia , l. 3. c. 4. & in tit. 1. gravaminia germaniae . [e] see bishop iewels defence of the apology , part . 2. c. 8. divis . 3. p. 188. to 195. [f] see laur. bochellus decreta eccles. gal. l. 1. tit. 10. de libris vetitis . gasper quiroga ; dr. iames and others . [g] bochellus decret. eccles. gall . l. 1. tit. 6. l. 2. tit. 1. de sacramentis : & other canonists of that title . [h] bochellus ib. l. 1. tit. 9. & p. 1339. [i] gratian de consecrat. dist. bochellus , decret. eccles. gal. l. 4. tit. 1. and 5. summa angel . consecrat . eccl. & altaris . [k] gratian de consecrat. dist 1. & 2. bochellus decret. l. 1. tit. 6. lib. 9. tit. 1. sum. angel . tit. missa . & cons●crat eccles. [l] boch●llus decret. l. 3. tit. 1. p. 363 , 364 , 372. & 554. [m] bochellus decr. eccl. gal. l. 2. tit. 14. and others hereafter cited . [n] see bishop iewels defence of the apology , part . 2. c. 8. divis . 3. bishop halls honour of the injured clergy . [o] see bishop iewel . ib. io. ba●e his acts of english votaries . cl. espencaeus de continentia . nic. de clemangis onus eccl. alvarez , pelagius , aventinus , and others . [p] see my epistle to my ● speech in parliament . [q] see my canterburies doom . p. 64 , 65. [r] see my speech in parl●ament , and epist. to my historical and legal vindication of the fundamental rights and laws of england . * 3 are plain and legible , the 4th . unlegible in regard of the character and language . [s] my hidden works of darkness , &c. p. 218. to 252. [t] exact coll. p. 115 , 116 , 117. [a] menasseth ben-israel , his humble addresses and declaration . [b] see my short demurrer against the iews remitter part 1. p. 43. to 66. part 2. p. 111. to 125 , 135. [c] my short demurrer , p. 103 , 104 , 105 , &c. [d] a collection of ordinances , p. 424 , 425 , 426 , &c. [e] mat. 26.31 . [f] mat. 28.19 , 20. 1 cor. 9.5 , to 20. 2 tim. 4.1 , 2 , 3. [g] ma● . 6.34 . [h] see my antipathy of the english lordly prelacy , part . 2. ch. 6. p. 305 , 306. [i] iohn 5.14 . [k] variae hist. lib. 6. c. 12 , 13. [z] see my speech in parliament , memento , new discovery of free-state tyranny , epistle to an historical and legal vindication of the fundamental liberties and laws of england , and the history of indepency . [a] mat. 22.1 . to 11. luke 14 12. to 25. ●armony of confessions , c. 10. to 16. articles of england , c. 22. to 31. and exhortation in the common prayer books . thomas beacons catechism . concordia lutherana , p. 542. to 550. practice , of piety . mr. humfrey of free-admission and rejoynder to d● . drake . [b] harmony of confessions , c. 14. bishop iewels apol. & reply to harding : bish. morton , peter moulins , and others . [c] see bochellus decr. ecc. gal. l. 3. tit. 1. summa angel . tit. eucharistia : gratian de consecratione , distinct . 2. [d] see bishop iewels defence of the apology , c. 14. divis . 1. p. 260 , 261 , 264. [e] bish. iewels reply to harding , p. 282 to 301. see my canterburies doom , p. 63 , 64. q●enchcole ; pleasant purge for a roman catholike , p. 140. to 180. bochellus deer . eccl. gall . l. 3. tit. 1. [f] see my q●enchcole . canterburies doom , p. 62 , 63 , 79 , 80 , 81 , 101. to 125 ▪ 474 , 475 , 486 , 487. * yet hierom in psal. 147. and bishop iewel in his treatise of the sacraments , p. 276. write , quando audimus sermonem domini , caro christi , & sanguis ejus in mentes nostras infunditur . [g] in my quen●hcole . canterburies doom , p. 198 , 199 , 200 , 201 , 474 , 475. a pleasant purge for a roman catholick , p. 159 , &c. [h] bochellus decreta eccles. gall . l. 3. tit. 1. c. 2 , 3 , 4 , 10.43.63.69 , 70 , 71 , 72 , 7● , 82 , 84 , 85 , 88.90 , 93 , 96 , 98.101 , 105 , 106 , 107 , 124.140.150 . petrus aureolus : and other schoolmen , in l. 4. dist. 9. qu ▪ 2. summa a●gelica eucharistia 13. [i] bochellus decret. eccles. gal. l. 3. tit. 1. c. 71 , 72 , 73.105 , 107. summa angelica eucharistia , 3 richard . in 4 sentent . distinct . 9. * harmony of confessions , sect. 14. p. 336.337.327 . [k] divine right of church government , p. 252 , 353 , &c. [l] boundary to the holy mount . [m] iuridical suspension . [n] see gratian caus. 11. q● . 3. and the glossers on it . bochellus decret. eccles. gal. l. 2. tit. 14. summa angelica , & ros●lla . hostiensis , th. zerula , antonius corsetus , and others . tit. excommunicatio . [o] divine right of church government . [p] aarons rod blossoming . [q] antiquaeries and boundary . [r] iuridical suspension . [s] considerations and cautions , iuly 9. 1646. p. 5 &c. [t] a vindication of a serious questions . suspension suspended . [u] eccles. hist. l. 5. c. 17 , 18. sozomen lib. 7. c. 24. utropius , zonaras , oxmeerus , pedro mexia , grimston in his life , baronius , the centuries of magdeburg , dr. bilson , the true difference , &c. part . 3. p. 369 , 37● . &c. [x] see capit. mag. 5. c. 42. trrtullian de paenitentia . dr. hammond of the power of the keys . ch. 4. sect. 43.44 . &c. my vindication of 4. serious questions , and suspension suspended . [y] bochellus decret. eccles. gall . l. 2. tit. 14. c 1 , 2 , 3.36 , 37 , 38.45.48 , 58 , 64 , 65 , 71 , 85 , 92.121 , 126 , 136.138.142.145 . [z] caus. 11. q● . 3. [a] panormitan , hostiensis , angelus de clavasio , ant. corsetu● , lyndewood , summa rosella , tho : z●rula and others , tit. excommunicatio . [b] see fitzh. brook , ●sh , title excommengment , cooks 1 instit. f. 133 , 134 , 3 instit. c. 81. p. 177. bracton . l. 5. f. 425 , 426 , 427. f●●t● l. 6. c. 44. capit. caroli et ludovici , l. 5. c. 23.28.42 . l. 7. c. 216.361.373 . [c] see the centuries of magd. cent. 3. & 4. d● . bilsons true difference , part 3. p. 376 , &c. [d] see aug. contr. petil. l. 3. c. 2. [e] a defence of english catholikes , c. 5. i. e. his treatise of the right & iurisdiction of the prelate and prince . ba●omus annal. tom 3.4 . see bi●sons true difference between christian subjection and unchristian rebellion pa●● 3. p. 369. to 379. [f] suspension suspended , p. 25 26.36 . [g] concilium apud langes , & synodus ●adigavensis , an. 1281. apud r●●bellum de●● et . eccl. gall . l. 2 tit. 14. de excommunicatione , cap. 90 , 91. p. 294 , 295. * cum timerent ne principatum ammitterent , cum legum latores , ut majores esse viderentur , multa innovabant ; quae ●es ad tantam pervenit nequitiam , ut precepta sua custodirent mag●s quam mandata dei , chrysost. in mat. hom. 52. [h] rich. de media villa , in 4. sent. dist. 9. aquinas , 4. pars qu. 80. angelus de clavas●o sum. angel : eucharistia , 3. sect. 20 , 21 , 22. [i] summa angel , eucharisti●● , 3. sect. 21. c. de homine de c●le : misse 〈◊〉 iewels des●●● of the apology , p. 3●● . (i) d●●nitate ecclesiae , ● . 10 . (2) ad rector . & 〈…〉 c●●lon . ●sp●●●●●sis p●●al . 〈◊〉 : p. 435. (3) defence of the apology part . 5. c. 12. divis . 2. p. 502. [k] as mr. d●●ke , m. collings , & others do in printed books . [l] ad romanas , c. 2. [m] defence of the apology , p. 347. [n] rom. 3.8 . (4) see sextus aurelius & dion in his life : bishop iewels sermons , p. 183. [5] summa angelica tit. eucharistia , 1. articles of england , ar. 28. harmony of confessions , sect. 14. [6] see my suspension suspended : and vindication of 4. serious questions . [o] luke 14.23 . &c. matt. 22.1 . to 12. 1 cor. 11.23 , &c. [p] apud lau. bochellum , decret. eccles. gall . l. 3. tit. 1. c. 101. p. 376. [q] bochellus decreta eccles. gall . l. 3. tit. 1. c. 105. nota. nota. * psal. 109 7. p●ov. 28.9 . isa. 1.13 , 14 , 15. c. 66.3 , 4. 1 cor. 2.15 , 16. * mat. 10.14 , 15. luke 10.13 , 14 , 15 , 16. 1. thessal . 4.8 . heb. 10.28 , 29. [r] bochellus ib. c. 20. p. 360. [s] bochellus , decret. eccles. gall . l. 3. tit. 1. c. 23 , 24 p. 360. [t] bochellus ibid. c. 72 , 75. [u] a legal resolution of two important quaeres . [x] register pars 2. f. 58. 4 e. 4.37 . prohibition 8. fitz. nat. brev. f. 43. e. [y] see register pars 2. f. 30 , 31 , 32 , 33 , 66. fitzh. nat. brevium , f. 163 164.228 , 229. &c. [z] register pars 2. f. 19.27.28.164.172.198 . fitz. nat. brev. f. 156 , 157. cooks 2 instit. f. 99.100 . [a] register pars 1. f. 159.153 , 173 , 174. fitz. and old natura brevium . qui tardè de dit , et diem de die extrahens prosuit , non ex animo fecit . seneca de beneficiis , p. 10. [b] register , pars 1. f. 146 , 147 , 148 , 151 , 175.179 , 180 ▪ 184 , 187 260 , 281. fitzb. old natura erevium . [c] pat. 4 h. 3. pars 1. m. 1. claus. 4 h. 3. m. 4 , & dors . 16 ▪ claus. 5 h. 3. m. 14. & 6. cart 6 iohan. reg. m. 12. * cooks 11 rep. f. 98. a. [d] pars 2. f. 50. b. * see the canons , anno 1603. can. 21.112 . [e] see lamberts iustice of peace , f : 616 : the compleat iustice , p. 286. [f] gratian , de consecratione distinct . 2. [g] fredericus lindebrogus , codex legum antiq. [h] surius conci● . com. 1. p. 712. gratian de consecrat. distinct . 2. iuo carnotensis , decret. pars 2. c. 33. a remonstrance and declaration of severall counties, cities, and burroughs against the unfaithfulness, and late unwarrantable proceedings of some of their knights, citizens, and burgesses in parliament with their dissents thereunto, and revocation and resumption of their power therein. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a58516 of text r1096 in the english short title catalog (wing r961). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 11 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a58516 wing r961 estc r1096 11947660 ocm 11947660 51343 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a58516) transcribed from: (early english books online ; image set 51343) images scanned from microfilm: (early english books, 1641-1700 ; 38:10) a remonstrance and declaration of severall counties, cities, and burroughs against the unfaithfulness, and late unwarrantable proceedings of some of their knights, citizens, and burgesses in parliament with their dissents thereunto, and revocation and resumption of their power therein. prynne, william, 1600-1669. 8 p. [s.n.], imprinted at london : 1648. attributed to w. prynne. cf. nuc pre-1956. reproduction of original in thomason collection, british library. eng great britain -history -civil war, 1642-1649. a58516 r1096 (wing r961). civilwar no a remonstrance and declaration of severall counties, cities, and burroughs, against the unfaithfulness, and late unwarrantable proceedings o prynne, william 1648 1763 2 0 0 0 0 0 11 c the rate of 11 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2002-04 tcp assigned for keying and markup 2002-05 spi global keyed and coded from proquest page images 2002-06 mona logarbo sampled and proofread 2002-06 mona logarbo text and markup reviewed and edited 2002-07 pfs batch review (qc) and xml conversion a remonstrance and declaration of severall counties , cities , and burroughs , against the unfaithfulness , and late unwarrantable proceedings of some of their knights , citizens , and burgesses in parliament . with their dissents thereunto , and revocation and resumption of their power therein . imprinted at london , 1648. a remonstrance and delaration of severall counties , cities , and burroughs , against the unfaithfulness , and late unwarrantable proceedings of some of their knights , citizens , and burgesses in parliament . we the gentlemen and free-holders of the respective counties of berks , huntingdon , kent , leicester , monmouth , northampton , nottingham , rutland , salop , sussex , wilts , and worcester : and the respective citizens and freemen of the cities of chester , gloucester , london , norwich , winchester , bristol , salisbury , and york ; and the free burgesses of the severall burroughs of ailesbury , wendover , new-windsor , wallingford , truro , tregonis , fowey , st. iermins , cockermouth , cambridge , barnstaple , dartmouth , okeshampton , dorchester , lyme-regis , bridport , wareham , shaftesbury , quinborough , leicester , wigan , liverpool , great-yarmouth , newcastle , woodstock , southwark , rigate , tamworth , bishops-castle , yarmouth , ipswich , taunton , bridgwater , midhurst , bramber , east-greenstead , arundel , appleby , calice , chippenham , malmsbury , bedwin , malburg , warwick , kingston upon hull , knarisburge , rippon , richmond , burroughbridge , auldling , pomfret , rye and cardiffe ; do hereby respectively for our said severall counties , cities and burroughs , declare , notifie and protest to all the nobility , gentry , commons and freemen of england , and dominion of wales , and all others whom it doth or may concern , that neither we our selves , nor any other by our privity or assents did ever directly or indirectly , implicitly or explicitly delegate , give , or intend to give unto henry martin , valentine walton , augustine skinner , henry smith , henry herbert , esquires ; sir gilbert pickering , knight , iohn hutchinson , thomas wait , esquires ; sir iames harrington , knight , humphrey edwards , anthony stapley , edmond ludlow , humphrey saloway , or iohn iones , serving in parliament as knig●ts of our respective counties ; or to william edwards , thomas pury , iohn lenthall , isaac pennington , iohn ven , thomas atkins , iohn lisle , nicholas lane , richard aldworth , luke hodges , michael oldsworth , iohn dure , esquires ; sir william alanson , knight ; elected and returned citizens to sit and vote in the parliament for our respective cities . or to thomas scot , thomas harrison , cornelius holland , edmond bunch , francis rowse , iohn carew , nicholas gold , gregory clement , benjamin valentine , francis allen , oliver cromwell , philip skippon , lawrence whitaker , dennis bond , edmond prideaux , roger hill , iohn fry , iohn trenchard , esquires : sir henry mildmay , knight , sir michael livesey baronet , augustine garland , thomas lord grey , peter temple , alexander rigby , iohn moore , miles corbet , iohn blackstone , william lenthall speaker , george thompson , george snelling , esquires ; william lord viscount mounson , sir peter wentworth knight of the bath , iohn corbet esq philip lord lisle , iohn gourdon , george serle , robert blake , esquires , sir thomas wroth knight , gregory norton baronet , william cowley , iames temple , iohn downes , henry ireton , richard salway , rowland wilson , esquires ; sir edward bainton , sir iohn danvers , knights , edmond harvie , philip smith , william purefoy , godfrey bosvile , peregrine pelham , esquires ; william constable baronet , sir iohn bourchier knight , thomas chaloner , francis thorpe , esquires ; thomas mal●vorer baronet , brian stapleton , iames chaloner , william white , william hay , thomas westraw , algernoon sidney esquires , burgesses for our respective boroughs , or to any one of them , any authority , power , commission , instruction or deputation whatsoever , to consent , vote , or agree for us , or any of us , or in our names , rights and behalfs , as our representatives , knights , citizens and burgesses in parliament , to any vote , ordinance , order , bill , act , articles , or other instrument whatsoever in the commons house , or else-where , for or concerning the deposing or executing the king , the dis-inheriting of the prince or duke of york : the breaking off and laying aside the personal treaty with the king , for the happy settlement of that blessed peace we have so long desired , expected and prayed for : or rejecting the kings large grants for our future security , freedom and tranquility , the like whereunto we have no hopes to expect hereafter , if now rejected by you on our behalfs , who shall be fully satisfied therewith , when ratified by his royall assent to bils , and an oath inviolably to observe them : or the altering or subverting the ancient hereditary monarchical government of this kingdom : or the constitution of the parliaments of england , consisting of king , lords and commons : the tolerating of all kinds of religions , heresies and errors : the taking away of our ministers tythes and usuall maintenance ; or the disorderly intruding into their sacred functions without any lawsull calling or ordination thereunto . much lesse did we or any of us actually or intentionally authorize or empower them , or any of them , to subvert the very foundations of this and all other parliaments , and betray our ancient liberties , rights and charters , contrary to their trust and duty , by condescending or agreeing to give away our unquestionable rights of electing our knights , citizens and burgesses according to the laws and statutes of this realm , and customs , usages and charters of our respective counties , cities and burroughs , or to set up any new representative for us or the kingdom , which neither we nor our ancestors ever heard of nor desired : or to undermine the honour , freedom , rights and priviledges of parliament , by sitting and voting in the house , whiles under the visible , detestable force and sword of a rebellious and mutinous army , who have imprisoned , excluded , and forced away most of their fellow-members , who ought to joyn with them both in their debates and votes : or to usurp such an arbitrary and exorbitant power to themselves alone , being few in number , and not one fifth part of the house , to repeal , nul , and make void what votes , orders , ordinances and proceedings they please , made in a free and compleat house , when there were five times more members present : or to suspend or cast out their fellow-members , who are their peers and equals , and sit there by the same and as good authority as themselves , or to continue or impose any further taxes on us , to maintain an imperious , lawless army to devour and tyrannize over king , parliament , lords , commons , city , country , and the whole kingdom , as our only soveraign lords and masters , without improving their utmost authority to suppresse and reclaim them from their present insolencies , and destructive treasonable practices ; or else to declare them publick enemies , and rebels , and proceed against the ringleaders of them , and bring them unto speedy justice and exemplary punishment . and therefore we do here by these presents absolutely disclaim and renounce whatever they or any of them have fraudulently and indirectly acted , voted , ordered , ordained , or consented to , or shall hereafter vote , order , ordain or consent to in the house of commons , or else-where , in , or concerning all , or any of the premisses , contrary to their trusts and duties , and against our consent , authority , wils and instructions , to the prejudice or destruction of our religion , laws , liberties , king , kingdom , the rights , priviledges and freedom of parliaments , or their fellow-members , and hindrance of the speedy peace and settlement of this realm , or obstructing the relief of despairing ireland , or support of any new usurped , arbitrary or tyrannicall power in any party or faction whatsoever , to the inthralling of the kingdom to their vassallage and lawlesse wils ; and declare the same to be void , null , and no ways binding unto us , or any of us ; who do hereby demand publick justice against them from their fellow-members in a free and full parliament , for all the misdemeanors and offences in and against the house , its priviledges and members , or any the premisses : and likewise revoke and resume all that trust , power and authority we formerly delegated and committed to them and every of them , so far as they have abused and perverted it in any of the aforesaid particulars , contrary to our minds and commissions , who by the armies late remonstrance , may and ought to call them to account for all their unjust votes , orders , proceedings , and abuses of their trust , and to resume their power into our own hands , from whom they received it , onely as our deputies , when we discern them palpably to abuse both it and us , from whom they are to receive their wages . all which we held it our bounden duties in these times of imminent danger and ruine to us and our posterity , king , parliament and kingdom , to remonstrate to the world , and these our knights , citizens and burgesses , our representatives in the house , that they might take timely notice thereof . dated from our respective counties , cities and boroughs , the 23 of decemb. 1648. finis . a new discovery of free-state tyranny: containing, four letters, together with a subsequent remonstrance of several grievances and demand of common right, by william prynne esquire; written and sent by him to mr. john bradshaw and his associates at white-hall (stiling themselves, the councel of state) after their two years and three months close imprisonment of him, under soldiers, in the remote castles of dunster and taunton (in somersetshire) and pendennis in cornwall; before, yea without any legal accusation, examination, inditement, triall, conviction, or objection of any particular crime against him; or since declared to him; notwithstanding his many former and late demands made to them, to know his offence and accusers. published by the author, for his own vindication; the peoples common liberty and information; and his imprisoners just conviction of their tyranny, cruelty, iniquity, towards him, under their misnamed free-state. prynne, william, 1600-1669. 1655 approx. 381 kb of xml-encoded text transcribed from 77 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a91227 wing p4016 thomason e488_2 estc r203337 99863314 99863314 115506 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91227) transcribed from: (early english books online ; image set 115506) images scanned from microfilm: (thomason tracts ; 77:e488[2]) a new discovery of free-state tyranny: containing, four letters, together with a subsequent remonstrance of several grievances and demand of common right, by william prynne esquire; written and sent by him to mr. john bradshaw and his associates at white-hall (stiling themselves, the councel of state) after their two years and three months close imprisonment of him, under soldiers, in the remote castles of dunster and taunton (in somersetshire) and pendennis in cornwall; before, yea without any legal accusation, examination, inditement, triall, conviction, or objection of any particular crime against him; or since declared to him; notwithstanding his many former and late demands made to them, to know his offence and accusers. published by the author, for his own vindication; the peoples common liberty and information; and his imprisoners just conviction of their tyranny, cruelty, iniquity, towards him, under their misnamed free-state. prynne, william, 1600-1669. [16], 43, [1]; 80, 73-79, [1] p., plate : port. printed for the author, and are to be sold by edward thomas in green arbour, london : 1655. "to mr. iohn bradshaw, and his associates at whitehall" (caption title) has separate pagination and register. annotation on thomason copy: "octob: 22". reproduction of the original in the british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng bradshaw, john, 1602-1659 -early works to 1800. prynne, william, 1600-1669 -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. 2007-02 tcp assigned for keying and markup 2007-02 apex covantage keyed and coded from proquest page images 2007-03 john latta sampled and proofread 2007-03 john latta text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a new discovery of free-state tyranny : containing , four letters , together with a subsequent remonstrance of several grievances and demand of common right , by william prynne esquire ; written and sent by him to mr. john bradshaw and his associates at white-hall ( stiling themselves , the councel of state ) after their two years and three months close imprisonment of him , under soldiers , in the remote castles of dunster and taunton ( in somersetshire ) and pendennis in cornwall ; before , yea without any legal accusation , examination , inditement , triall , conviction , or objection of any particular crime against him ; or since declared to him ; notwithstanding his many former and late demands made to them , to know his offence and accusers . published by the author , for his own vindication ; the peoples common liberty and information ; and his imprisoners just conviction of their tyranny , cruelty , iniquity , towards him , under their misnamed free-state . jer. 37. 18. what have i offended against thee , or against thy servants , or against this people , that ye have put me in prison ? acts 25. 27. for it seemeth unto me unseasonable , to send a prisoner , aud not with all to signifie the crimes laid against him . acts 28. 17. men and brethren , though i have committed nothing against the people , or customes of our fathers ; yet was i delivered prisoner from jerusalem into the hand of the romans . qu. curtius . hist . l. 6. verba innocenti reper●●e facile est , modum verborum misero tenere difficile . london printed for the author , and are to be sold by edward thomas in green arbour , 1655. all flesh is grass , the best men vanity ; this , but a shadow , here before thine eye , of him , whose wondrous changes clearly show , that god , not men , swayes all things here below . to the reader . kinde reader , the memorable speech of philotus ( imprisoned for a pretended conspiracy against alexander the great , upon bare surmises without any particular accuser or hearing ) * quanquam vincti homines non supervacua solum , sed etiam invisa defensio est , quae judicem non docere videtur , sed argvere ; tamen utcunque licet dicere , memet ipsa non deseram , nec committam , ut damnatus etiam mea sententia videam . equidem cujus criminis reus sum non video . inter conjuratos nemo me nominat . non cognita vero causa , liberari ab absente non possum , quia à praesente damnatus sum . may be a sufficient apology , both for the penning and publishing of these letters , and of this remonstrance . the occasions , motives , necessitating me to compile them , during my late causelesse close imprisonment in dunster castle , and pendennys castle in cornwall , are at large therin expressed . these letters were all sent and delivered into mr. bradshawes owne hands , by my dear since deceased brother , dr. bastwicke , with severall other letters to diverse of his associates at whitehall ( which i intend to publish in due season ) to neither of which i could ever receive the least answer . as for the remonstrance , subjoyned to them , i having with much difficulty ( in respect of the restraints and spies then upon me ) con mitted it to paper , it pleased god to give me an oportunity , to convey it safe to london , to a speciall freinds hands , with a letter , desiring him to transcribe , then to present it in my name , to those to whom it was directed ; and after that to print if for my vindication , the publique liberty , satisfaction of the nation , if he saw just cause : upon his receipt thereof it was transcribed ; but he being over-timerous , and the times very perillous , for ought i can learne , he neither presented , nor gave me the least accompt of it whiles he lived ; which made me suspect , it had miscarried before it came unto his hands , tomy great disappointment , having no perfect copy thereof to publish upon just occasion . in november last , having some businesse to london , i occasionly met with divers of late whithall casheired grandees ( in greatest power at the time of these my late commitments and restraints here complained of ) who all positively disclaimed that they were privy or consenting to my imprisonments or restraints , which they confessed , to be most unjust . whereupon i writ a letter to mr. bradshaw , ( whose hand alone was to the warrants ) demanding from him , an accompt , both of the particular cause and grounds thereof , with just reparations and dammages for the same ; who by two severall letters to , and a subsequent conference with me , professed ; that he did neither know , nor remember the speciall cause or information given to him and his associates at whitehall , for which i was thus committed , and so strictly restrained by them : and that , if upon perusall of his own papers , or the books at whitehall , he could find any particulars relating thereunto , he would speedily informe me thereof ; which having not since done in above 3 moneths space , nor during my near 3. yeare imprisonment , though oft sollicited by these & other my letters and freinds thereto ; i thereupon made diligent-inquiry , after my letters and this remonstrance formerly directed to him and his whitehall associates ; which my deceased freind , to whom i sent them , by gods good providence secured in another friends custody ; who very lately presented me both with the orignals and transcripts thereof , beyond my expectation , which divine providence hath encouraged me to publish them to the world ; both for the vindication of my own inocency , ( against their new free state groundlesse tyranny ) under which i so long suffered , as if i had been a transcendent malefactor ) the vindication of our highly violated lawes , liberties ; the fuller conviction of my imprisoners , of their unchristian , unrighteous , causelesse deportment towards me , ( after all my former suffrings ) against their owne votes , judgements , consciences , all lawes of god , and the land ; and the manifestation of gods extraordinary mercy in preserving , supporting me under all their oppressions and * delivering me-out of them about 5. moneths after this remonstrance , without the least petition , submission to , or acknowledgement of their illegall , usurped , and soone after scornfully cashiered tyrannicall power ; or entring into any bonds at all , not to act any thing for the future against their present government and commonwealth , or to their prejudice ; which they endeavoured to force me to by duresse , and i peremptorily refused ; assuring them , upon the receipt of their * first order for my release upon my entring into such a bond ; that i would rather die a prisoner , then live a bondman ; and sooner resolve to rot in prison , then go out of it , by entring into such bonds , to the enslaving of my selfe and the whole english nation , by making such an ill president of slavery , after all my writings , suffrings for lawes , and publique liberty and near 3. yeares close imprisonment in 3. severall garrisons without any hearing or cause yet expressed : whereupon they sent me at last an * absolute release without any bond or condition at all . whether the jesuites ( whose * usuall practise it is , to close imprison , persecute , bannish , vex and destroy if possible , all such who discover , or oppose their secret treasonable plots , practises , ) had any hand in my last close restraints , i cannot certainly resolve , seeing my imprisoners themselves have protested to me , they know not by whose , or upon what information i was imprisoned . but this some of my restrainers have confessed to me , and my friends ; that they believe the chief reason of my long close restraints was , to hinder me from writing any thing against their late proceedings , and publique alterations , lawes , liberties ; which i formerly averred in my speech in parliament and memento , ( when they were first put them in execution ) to be originally contrived and secretly fomented by the jesuites to destroy our king , kingdome , and religion . that speech of the parliament of paris to king henry the fourth of france anno . 1603. ( when he resolved to restore the banished jesuites against his parliaments arrest and advise ) being then my constant asseveration , * faxit deus , ut sim falsus vates : sed prospicio animo tandem hoc regnvm opera jesuitarum in cineres abiturum ; and that i verily feared , and believed the vissible instruments most active in those dismall proceedings , changes , subversions then intended , and since effected , were but the jesuites deluded , seduced instruments in reality . and that which may now at last convince them thereof beyond contradiction is not only the irrefragable evidences lately published in my epistle to a seasonable , legal , an historical , vindication of the good old fundamentall liberties , rights , lawes , governments of england ; compared with the excellent proclamations of * queen elizabeth and king james against jesuites ; but likewise that memorable piece * presented to the states and nobility of poland , assembled in parliament 1607. to prevent the seditious practises & tumults of the jesuites in that realm : intitutled ; consilium derecuperonda , & in posteram stabilienda pa●a regni poloniae , per iesvitarvm electionem . which clearly demonstrated ; that the jesuites society was purposely instituted by the pope and spaniard , to advance their intended universall monarchies ; and to be their principle spies , intelligencers , instruments for this purpose : the generall of the jesuites being alwayes a spaniard by birth , or allegiance , and keeping his constant residence at rome : and their order a most dangerous sharpe active sword , whose blade secretly ( heathed in the bowels of all other realmes , states , but the bilt thereof alwayes held in the popes and spaniards hands , who weild it at their pleasure . that the jesuites instill this treasonable principle into their schollers and auditors , * that all christian kings and princes ( as well papists as protestants ) who shall by any meanes whatsoever fall under the popes indignation or sentence ; or in any sort hinder the jesuites projects , or not obey them in all things , are hereticks and tyrants ; that thereby their subjects are actually absolved from all oathes , obedience and future subjection to them ? whereupon not only the people in generall , but any particular person ▪ may lawfully kill and destroy them , not without punishmemt only , but likewise with greatest applavse , and merit , even of a canonization for a saint . by which jesuiticall decree . the life and de●th of all kings and all the civil magistrates of evrope is suspended on the iesvites pleasure . if they favour them they may live and prosper ; if not , they must perish . which the jesuites proclaiming of the state of venice , through all italy * for most pestilent hereticks & abominable tyrants , only for making lawes to bridle their covetousnes , and banishing them for their disobedience and treachery to the state , though professed roman catholickes . their fury against henry the 3. of france , in stabbing him to death● though never accused of heresy , and continuing till his death in the roman communion , only for this reason ; quod seeptrum regium non ei tradere volebat quem sibi hi socij tanquam idoneum m●liti●num suarum administrum , gallicae regem destinaveránt , ( & branding him both for an here●icke & tyrant for this cause alone , after his death in severall bookes ) regis britanniae perpetva pericvla ; the perpetual dangers of the king of great britain ( by the jesuites ) and the feare of all others , who finde this order offended with them , aboundantly testifie . after which ensues this considerable passage , touching the jesuites restlesse e●deavours to subvert all christian states , and the fundamentall lawes of all kingdomes crosse to their designes ; especially such as concernc the succession of their kings , or the peace and liberty of their kingdomes and people ; which i desire the newm●dellers of our lawes , government , and subverters of our liberties sadly to consider . dixi * quanta vis sit aculei jesuitici contrareges , statumque regium , quoties hunc molitionibus suis obstare inte higunt ; hic autem vos notare velim ejvsdem pestis non minorem efficaciam esse in oppugnanda & expugnanda repvblica , atterendis legibvs , quoties nempe sentiunt , se ab his , in institu● â suâ venatione , impediri . et quod ad leges attinet * hae politicae tineae illas praecipue arrodere consueverunt , et exedere , quibus jus successionis in regno continetur , libertasque et pax publica confirmatur . qualem in galliis praecipue invererunt , legem illam salicam , matriculam et fundamentum illius regni : perquam stirpis regiae mascula proles , exclusis femeles , ad regnum sola admittitur . cujus legis vigore successio regni post interfectum henricum 3. ad henricum 4. regem tunc navarrae , devolvebatur . quod ipsum cum secta jesvitica suam interitum interpretaretur , tantum efficere potuit * ut galli hoc reipublicae suae fundamentum ipsimet subruere conarentur ; ascitâ contra hanc legem philippi . 2. hispaniarum regis filia , quam ex henrici . 2. galliarum regis filia susceperat , in regni sui haeredem . operis totius promotoribus & internuntiis jesuitis . quod autem gallis lex salica praestat , hoc polonis ad huc regum juramenta conferunt : per quae hactenus reipublicae liberae electionis jus conservatur , quam * periculose vero hoc etiam libertatis nostrae fulcimentum ab his cetineisarrosum sit , egomet dicere nolo , necpublicum dedecus ipsomet divulgabo . ejusdem virtuti● illustre specimen coram oculis nostris in vicina hungaria , austria , styria , carinthia , &c. ediderunt ; eo nimirum successu , vt obtritis legibus quibus praedictarum nationum libertas nitebatur partemearum penitus oppresserint , partem ad extremam desperationem adegirint . hoc quidem rumor publicus hactenus constanter affirmat , in praedictis provincijs alicubi illustribus et antiquissimae nobilitatis familiis , publicè diem dictum esse intra quem se aut coram jesuitarum tribunali sistant , aut relictis patriis sedibus , alio migrent . which a noble polonian knight , in * his oration against the jesuites seconded in that parliament of polonia ; who , relating the bloudy warres and tumults , raysed by these gibeanites throughout the christian world & india , hath this memorable passage concerning , england & scotland . eodem motuab istis jesuiticis gabaonitis excitato , impulsa est anglia ▪ & scotia : quae regna cum antea , externorum hostium impetum depulerunt , nunc domesticis dissidijs debiltata , et ad interitum jam inclinata sunt . id verò totum acceptum referrendum est istis sanctissimis patribus gabaonitis jesuiticis , which he ushers in with this precedent observation concerning their carriage in america , to subject it to the spanish vassallage . eisdem artibus et hoc religionis nomine , illas provincias hispanico regi potentissimo , subjicerunt : à quo illi emissi ut exploratores , eo consilia omnia retulerunt , ut primum domestica dissidia excitarent deinde hispanicos exercius in regna convulsa , & dissidiis domesticis debilitata adducerent . quod assecuti sunt omnia caedibus & sanguine ita replent , ut non solum consilij capiendi , sed etiam ne respirandi quidem spacium relinquant , illis , a quibus amanter & humaniter fuerant excepti . all which particulars being likewise more largly justified , demonstrated in that elegant solid * oration of the parliament of paris to king henry 4. anno. 1603. against the jesuites restitution contrary to the former parliamentary arrest , for their perpetual banishment out of france , ( which they therein predicted would prove fatall to him , as it did in truth ) by their manifold attempts against , not only against the french kings lives , crownes , but also against the lawes and liberties both of the realme and church of france , thus poetically expressed in an epigram presented to king henry the fourth , the same year , upon the same occasion , by a true french philopater . * cui nam hominum ignotum est * ' jesuita nocte dieque ' nil meditari aliud , quam qua ratione modove ' prisca statuta queant patriasque evertere lege inque locum ' antiquis totum in contraria nobis ' jura dare ; & sanctos privata ad commoda ritus flectere , nulli unquam , quod post mutare licebit . ' antique deflet ( proh ) libertatis honorem : ' auria libertas , sic , sic calcabere ? sione ' illa tibi fraenum injiciet jesuitica pestis ? vltima fex hominum , satanaeque excrementum : quo nil terra tulit pejus , necfaedius unquam . mortem norant animare , et tumultos suscitare hi submittant proditores , hi subornant percussores , excitant seditiones , nutriunt rebelliones , modo jubeat romanus , vel sic postulat hispanus ; servit his cor , sermo , manus . adds another , in officinam jesuiticam . i now referre it to the consciences of all my late imprisoners , and all other subvertors ▪ underminers , new-modellers , of our ancient fundamentall lawes , liberties , parliaments , governments , kings , and hereditary regall succession , ( contrary to their former oathes , protestations , covenants , declarations , remonstrances , professions , principles , resolves , commissions , trusts , advices , votes of the majority of both houses of parliament , and our three kingdomes ) sadly to consider , without passion or partiallity : whether all our late intestine bloudy warres , with their strange unparalleld proceedings , and changes of this nature , ( which i opposed to my power ) proceeded not originally from the jesuites projection , suggestion , and solicitation , to ruine our protestant kings , kingdomes , lawes , liberties , churches , parliaments , and whether they were not the very jesuites reall ( though deluded ▪ circumvented ) instruments , in promoting , accomplishing them with all earnestnesse , violence , zeal fury , against the votes of the secluded majority of both houses and of our three protestant nations , to the jesuites and papist great content , the grief of most zealous protestants ; the intollerable scandall , infamy , dishonour of the most zealous professors of the protestant religion ; and the exiting of many late and present bloudy persecutions against them , by popish princes in bohemia , austria , styria , savoy , and other parts ; as a generation of seditious , factious , antimonarchicall , turbulent , perfidious , disloyall , treacherous spirits , and dangerous regicides , as they now repute them , and publish us , be in * printed bookes ; and hereupon let them now resolve their own consciences and the world , with what colour of christianity , law , justice , they could so illegally , maliciously , despitefully close imprison , restrain my person , seise all my papers , records , &c. only to debar me from detecting , opposing these their jesuiticall journey ▪ workers with my pen ; and indeavouring to translate the odium of these their true originall architects , the jesuites , who are so impudent and malicious : vt etiam sua suorumque facinora ac parricidia ev angelicis transcribere non verantvr as ( ludovicus lucius proves by severall instances ; to render the doctrine and persons of the protestants odious and detestable to the whole world . and whose principall scope and designe is by severall stratagems , to engage all protestant princes , kingdomes , states , churches in unchristian divisions , tumults , warres between themselves and against each other ; vt continuis se vonficient et atterent viribus , ut communi mox super ventvro hosti resistere nequeant . sub nomine et praetextu religionis catholicae , ▪ praesidioque & authoritate papae & hispaniarum regis , ubique locorum sese insinuare ; omnia de novo pro arbitrio suo instituere , et ad jesuiticum fusorium conformare ; omnes evangelicos , igne , ferro , veneno , pulvere tormentario bellis & alijs machinationibus opprimere , & viriliter extirpare : sicque seipsos dominos ac magistros totius mundi efficere : as those who please may read at large in johannis cambilhonus , de abstrusioribus jesuitarum artibus & studijs ; in hasenmullerus , hospinian , & ludovicus lucius their historia jesuitica : speculum jesuiticum , watsons quodlibets , with others , our new statizers may do well most seriously to peruse and study , the better to countermine the jesuites pernicious plots against us for the future : which have wrought such strange confusions , warres , alterations , various revolutions in church and state amongst us in few years last past , as all former ages can ▪ not parallel . if any of my imprisoners or others demand ; why i did not during all the time of my close restraints , sue out an habeas corpus to procure my liberty in a legall way , or why upon my enlargement i brought not an action of false imprisonment against my committers , or their under-goalers , to recover dammages for my illegall restrains ; or a writt of restitution to re-invest me in my recordership of bath , of which i was injuriously dispossessed without cause or hearing , by a whitehall letter , and another time-serving member introduced , during my restraint ? i answere 1. that the want of * a true legal power , jurisdiction and court of justice , from whom to demand , sue and before whom to prosecute these legal writts , disabled me to pursue them . and to demand them from , or prosecute them under those illegall usurped , new self-created powers and jurisdictions ( of the jesuites projection ) which illegally committed , and ejected me from my recordership ; had been a reall acknowledgment of , and submission to them on record as lawfull ; against my science , conscience , judgement , oathes , protestation , vow , league , covenant , our known lawes , statutes and parliamentary declarations , which i durst not in conscience or prudence violate to save my life , much lesse to procure my liberty , dammages , or recordership . 2. had i once moved for any of these writts ; i must either have taken their monstrous illegall engagement , diametrically contrary to the oathes of supremacy , allegiance , of a recorder , the protestation , vow , league , covenant , ( all which i had severall times taken upon sundry occasions , and from which none could absolve me ) and to at least thirty other oathes prescribed , established by our lawes ; and so have been guilty of manifold detestable perjuries , to the wounding of my conscience , reputation , and damnation of my soul. or else they would have presently pleaded in barre of these writts ; i had not taken their engagement , and so by colour of their void , unrighteous , barbarous knack of january 2. 1649. ( which their tresylians strictly executed , to their eternall infamy ) they would have made me totally incapable of the benefit of those writts , and that common law , right , justice , which belonged to me both by birthright and purchase ; and by the expresse words of magna charta . c. 29. ought to be denyed or delayed to no english freeman . which consideration induced me to sit still , till a fitter opportunity . 3. my close restraints in remotest prisons ; the generall temporizing cowardice of those of the long robe to move for , or grant such writs as these : the fearfulnesse of all under officers to execute them , if granted : and the improbability of any reall justice or right to be done unto me on them , seeing those then and since chief justices were either really , or virtually parties to the warrants for my restraints and injuries complained of , being then mr bradshaws associates at whitehal ; have hitherto perswaded me rather to wait with patience for enlargment ; reparations & restitution in a christian , just , honorable , publique way in gods due season ; then either preprosterously or posterously to sue for them in such a course , wherein i can take no comfort for the present , nor expect any just reparations if pursued ; and which others have experimentally found , a remedy as badde or worse then their disease , and a new expensive fruitlesse vexation , instead of a just and honorable , reparation , of their sufferings and dammages sustained for the publique : which will be fully recompenced hereafter in heaven , though never repaired , rewarded by ingrate or unrighteous men on earth . if my imprisoners or their creatures , shall except against the title hereto prefixed , viz. a new discovery of free state tiranny ; or any phrases in my letters or remonstrance ; as overharsh , i doubt not but the remonstrance of my several pressures therein comprised , wil be a sufficient apology for them . and that speech of holy job under his heavy affliction . therefore i will not refrain my mouth , i will speak in the anguish of my spirit , i will complain in the bitternesse of my soul ; wil be if not a iustification , yet at least an equit able excuse or extenuation of the earnestnesse or bitternesse of any expressions throughout in these epistles or remonstrance , which i intitled as aforesaid , because in most things parallel with , my new discovery of the prelates tyranny ; compiled , published soone after my enlargement from my long imprisonments and close restraints under them & the old councel table at whitehall whom my last imprisoners ( there succeeding them ) not only imitated , but in some particulars farre exceed in tyranny and injustice towards me . and seeing i never yet received from any of my former or these late injurious imprisoners , the least voted or voluntary recompence , for all my losses , dammages , expences , suffrings under them , to the endangering of my life , health and great impairing of my estate ; i hope they will give loosers leave to write , and allow me liberty in some sort to right and recompence my selfe in this their default , to publish the groundlesnes of my imprisonment to the world , as i did to themselves in private , to repair my innocency and reputation blasted in many mens opinions , through an implicit faith of some concealed guilt and high crimes in me , for which i was so long , so strictly restrained by them in remotest castles , ( injuriously thrust out of my power recordership of hath ) though i recover no other recompence from them ( as i may doe in due season ) for my extraordinary dammages thereby sustained in my person , calling , estate . upon these accompts , i submit both them and the grounds of their publication to thy censure , recommending them to gods blessing for the whole english nations future benefit and infranchisement , and to deterre other grandees from the like extravagancies towards me or others in future ages . if thou or the publique reap any good thereby , let god receive the glory , the author only a share in thy constant fervent prayers ; that as he hath formerly ( like blessed paul ) * been in labours more aboundant , in prisons more frequent , then others ; so he may for the future more abound in spirituall graces , christian fortitude , heavenly mindednesse , inward consolations , publique services for god , religion and his country , then others ; notwithstanding all forepast discouragements and ingrate requitals from men on earth , towards him , who expects his * reward from god alone in heaven . march 16. 1654. william prynne . mr. prynnes first letter to mr. john bradshaw , touching his unjust apprehension , and close restraint in dunster castle , by his illegal white-hall warrant . hab. 1. 2 , 3 , 4. o lord , how long shall i cry , and thou wilt not hear ? even cry out unto thee of violence , and thou wilt not save ? why doest thou shew me iniquity , and cause me to behold grievance ? for spoiling and violence are before me : and there are that raise up strife and contention . therefore the law is slacked , and judgement doth never go forth : for the wicked doth compasse about the righteous : therefore wrong judgement proceedeth . to his quondam kind friend mr. iohn bradshaw , serjeant at law , at white-hall , present these . sir , your former intimate familiarity with , and pretended cordial affections towards me , before mounted up to your * present greatnesse , have emboldned , & my instant nnexpected new suffrings , necessitated me to complain , that on the 30 of iune last , being the lords day , about xi of the clock at * night , a party of horse under the command of captain ●enkins and major robinson , beset my house at swainswick , in the county of somerset ( where i lived a retired country life ) and endeavoured to break open the doors thereof , whiles i and my servants were sleeping quietly in our beds ; who upon their entry into it , seised my person , searched my study , chambers , rooms , with all trunks , and boxes therein , for papers , books , records , taking away such as they thought meet ; and then marching with me through the citie of bristol in triumph , with trumpets sounding , as their prisoner , in the head of two troops , and after that conveying me through the country with draggooners , brought me prisoner to dunster castle . and all this by the colour of your white-hall warrant , dated the 25 of iune , directed to major robinson governour of dunster castle , thus signed with your hand : iohn bradshaw president . which warrant further enjoyns him , not to suffer me to have conference with any but in his sight and hearing ; nor to send , or receive , of any , letters , but such as he shall peruse : and is accordingly executed , amounting to the strictest close impriso●ent . these proceedings seem to me ( who am conscious of no guilt ) very strange , illegall , rigorous , yea destructive , not only to mine own , but to all the peoples liberties , and all our good laws , for their preservation ; which you and others in present power , have of late years , more then once , solemnlie covenanted , and made large declarations , and protestations inviolably to preserve , especiallie in these daies of englands freedome from tyranny , as some term , if not proclaim them . strange in respect of your self , the only visible author , of them ; mine ancient acquaintance , who formerly made so many large professions of reall friendship , towards me ; and one of mine own robe ( much contemning the kings star-chamber lords and prelates illegall warrants and proceedings in this kind against me ) from whom i expected no such unjust exorbitant warrant or military violeuce as this ; yet stranger , in regard of my self the sufferer , who having been such an eminent martyr , both in body and estate , suffering near 8 years imprisoments , close restraints , exile , 3 pillories , stigmatizing , a ●●uble loss● of ears : & excessive fines , for the defence of our re●igion , laws , publick wealth , & liberty of the nation , without receiving one penny recompence for all my losses , and snffrings , though promised , voted , many thousands ; and one of the most devoted faithfull servants , to the old republick & late parliament of england , in whose service i have spent my estate , and studies , ever since my enlargement , without enjoying the least preferment , which i was never ambitious of , or one farthing salary or reward , ( when others lesse meritorious , have been bountifully rewarded with great sums , offices , pensions , ) expected no such ungratefull requital , as a new excessive tedious close imprisoment from my professed friends , before the least notice of any complaint against me , or summons to appear , or answer it . which ( all circumstances considered ) is a farr greater extremity of injustice , than i ever yet suffered from my most capitall enemies , who both in the high commission and star chamber , did only summon me by a messenger , but never attach me , or begin with execution , as you doe ; first citing me to appear , before them , and then heard , before they committed me , or searched my study and papers : and that by their legall sworn officers , not armed souldiers ; in the open day time , not at midnight ; on the week day , not the lords day , and never made made me a close prisoner , at first , but onely after hearing and sentence . and indeed this cannot but seem strange to me and all men else , that i should be the first man now mewed up afresh , in all the county for a * new malignant , and dangerons person , who was one of the first appeared in it for the parliament ; when as others long in actuall arms against it , now walk at large ; and one who took and subscribed the kings oath , against the parliament , renouncing and declaring them traytors and rebels , with others , whose base unworthy cowardice lost and betrayed the whole county to the enemie , ( whom they durst never face or encounter ) are now imployed , as great commanders , in our new raising militia : who ( as i have good grounds to suspect ) are the originall contrivers of this my injurious restraint ; out of meer mallice , or envy to shew that they are now men of trust , and power , sufficient to tyrannize over me as well as others , who never did them the least injury , but only reprehended them for their injustice and opressions , of which the whole county complained . the sat●sfaction of whose malicious desires , in this illegall way , will purchase you ten thousand times more dishonor , and doe you more disservice , by discontenting thousands of your friends , and giving your enemies just occasion of rejoycing , than ever their valour or military service is like to do you good , either in the county or kingdome ; and render you as detestable to the people , as ever my former suffrings and imprisoments did the bishops or star-chamber , the greatest occasion of their downfalls , illegal , injurious , yea , destructive to the peoples libertys , and also setled laws , for their defence , in divers respects ; in which i must crave liberty , a little to expatiate , for fear my present silence or flender glances thereat , should prejudice my own and the whole nations liberties , deeply concerned in this new president of ▪ injustice on my self , so great a stickler against all arbitrary and tyrannicall proceedings of this nature , and one of the greatest sufferers under them . not to dispute at present the lawfulnesse of your present power ; which many justly question . the utmost ( i conceive ) you do , or can pretend to , is only the power of the ancient privy council or council table , under our kings ; not in its utmost latitude , and exorbitances , but as regulatedby the late act , against the star-chamber . which councill table ( to my best remembrance ) never issued any warant so illegall as this , in all particulars , against my self or others , nor executed it by be meer military officers , on the lords own day , as your souldiers did this ; to proclaim to all the world , how little they esteem or observ● your new misnamed act , against travelling or arresting any on the lords day ; the penalty whereof none dare to levy on souldiers ; i shall only here briefly argue and evince the illegality of your warrant , à capite ad calcem ; as well as my present restrained condition , and want of books , and time , will permit me ; that you and others may see , what ground you have to retract and to be ashamed of it , as i hope you will upon the reading hereof . first , i conceive it wholy illegall in respect of the persons to whom it is directed , and by whom it is to be , and was accordingly executed ; which are not , legall civill officers of justice , ( as sherriffs , iustices of peace , maiors , headboroughs , under sheriffs , bayliffs , constables , serjeants , sworn messengers and the like ) , the * only lawfull officers to serve , and execute all legall writs , processe , warrants whatsoever , by the common statute-laws and customs of this realm ; who are and ought to be known refients in the county , where they may be always found ; taking an oath , duly to execute their respective offices according to law ; and persons of estate , able to render ▪ dammages to the presons they attach , in case their warrants be illegall or not legally pursued in the execution . but meer souldiers of fortune , strangers , having no constant residence , nor visible estates in the county , to render me or others dammages , in an action of trespasse or false imprisonment , should we sue them ; and no legall officers ▪ known or allowed by out laws to execute processes or warrants , from any civill power ▪ no not in times of warr ( especially where there is no necessity , nor precedent resistance , as in my case , ) much lesse in times of peace , as now , wherein the s●eriffs and justices only are to su●presse all force , and sumults , if there be any need , by the posse comitatus ; in which cases souldiers are only to assist them , as auxil ari●s ▪ not as sole , as princible officers , or executioners , as in and by your warrants they are now usually made , against law , and the practices of all former ages . which late illegall vsage of imploying souldiers , in this kind , to arest mens persons , break up and search their houses ( reputed * high treason , and a levying of warr against the king and his people , in straffords case the very last parliament ) as it hath allready occasioned many barbarous murders , dangerous burglares , and roberies in sundry places , and in the very heart of * of london it self by souldiers and others , pretending warrants from your new council of state , or others in present power , to apprehend delinquents , or search for armes , papers &c. so it is like to produce many more sad tragedies and outrages of this kind , to the endangering of all mens persons , lives , estates , thus prostituted to the violence , rapine , of every rogue , thief , villain , who shall but counterfeit himself a souldier , and pretend your warrant for search of any mans house , study , or apprehension of any mans person he hath a design to rob or murther ▪ which common mischief can be no otherwise prevented , but by directing all warrants , only to known officers , according to law & ● publick declaration , to all the kingdom , that no souldiers or others under pain of death , shall dare presume to execute or counterfeit any such warrants for the future ; it being no part of their calling or imployment , and a great oppression , and terror to the people , contrary to the expresse clause of the commissions of the peace , and of oyer and terminer , against such who ride armed in companies , to the terrror of the kings people , who cannot easily distinguish who are souldiers really imployed , and who are counterfeits ; and have sometimes been affrighted , not only to sicknesse and great distempers of spirit , but even to death it self , by the sudden violent attachments , and searches of souldiers ; of whose rudeness and incivility in their executions , others have much complained , though those who seised me , were as respective towards me , as your warrant would permit , transgressing only in the unseasonablenesse of the time , and illegalities you injoyned them . 2. your warrant is directly contrary to law , and the subjects liberty , in that it commits me prisoner , yea close prisoner , ●efore & without the least accusation , conviction of any particular crime , any hearing , ●xamining● what i can say for my self ; and so a meer forejudging of me , & going to ●xecution before the fact examined ▪ contrary to all forms of legal proceedings in all criminal causes whatsoever ; where the accused persons for any * trespasse , felony , or treason , are first sent for , & examined in the presence of their accusers , before they be committed . contrary to the very proceedings of the most exorbitant high commisioners , who at first only summoned , not attached me for my perpetuity , & after that , for my cosens cozening devotions , to appear & answer the same before them . contrary to the proceeding of the lords atthe councill table it self , for my histriomast ix ( suggested to be seditious and scandalous , in the superlative degree , to the king , queen , court , councill , kingdome , government , ) who yet thereupon only summoned me by a single sworn messenger , to appear in the inner star-chamber , before them , to answer such things as should be there objected against me for that book , but never once seized or committed my person , untill after they had examined and heard me concerning i● , such was their iustice , and moderation towards me in their first processe , whereas you now commit me close prisoner at a great distance , before , yea without any summons , hearing or examination i know not for what pretended writings : so much do you now out-strip them in violence & injustice ; whereas if you had ought against me , you might have summoned me to appear before you , whiles i was in london the last term , in commons , or since that residing openly , constantly at my country house , without absenting my self , or being ever yet a fugitive , and examined me , as they did , before you thus rashly committed me hand over head , in such a notorious way of violence , in the face of all the county and kingdome ; who cannot but conclude , you are more tyrannically exorbitant herein , than ever the king or prelates were against me , and have hereby , most notoriously infringed magna charta . c. 29. the statutes of 25. e. 1. c. 1. 2. 28. e. 1. c. 1. 5. e. 3. c. 4. 37. and 42. e. 3. with other acts , collected by ( rastall in his abridgment , tittle accusation ) the petition of right , the resolation of the three last parliaments , and all our law-books ▪ which directly enact , adjudge , and declare , that no freeman ought to be attached or imprisoned upon any accusation , or suggestion made to the king , or his councell ( much less then unto you ) unlesse it be by inditement , impeachment , of his good and lawfull neighbours , or by processe made by a writ originall at the common law : and if any thing be d●ne against the same , it shall be reversed and holden for none . which laws you have sworn , professed , covenanted to observe , and are bound to do it , as a lawyer , much more as a christian ; it being the very law of the pagan romans , acts. 25. 16. and of the very jews themselves , iohn . 7. 44 , &c. whose officer● refuse to apprehend our saviours person , upon the high priests warrant , because never man spake as he did ; and their law * judged not any man ( to be apprehended , much lesse imprisoned ) before it heard him , and knew what he doth . wherefore , you cannot but recal● and condemn this warrant , and its execution , as most repugnant to these statutes , and the very law of nature , of nations , and * gods own proceedings with the worst of men . 3. every warrant of attachment ( sr. edward cook proves at large in his 2 institutes on magna charta . c. 29. ) ought to be , to summon , or bring the parties to be examined , before they be committed : and every mittimus after examination , ought to expresse the cause justly , and time for which they are to be imprisoned , as during pleasure , or till further order , or till they shall put in bayl , or be delivered by law ; as likewise , the manner how they shall be tryed , for what they are accused : and not be absolute , as a iudgement or sentence after hearing : but your warrant is , a meer iudgement before hearing or examination , without any such causes ; committing me close prisoner without any limitation of time , ( and so for ought i know , during life ) or ever intending to bring me to any legall examination or tryall . therefore altogether illegall in this respect . 4. the statutes of 5. e. 3 c ▪ 8. 23. h. 8. c. 2 , and 5. h. 4. cap. 10. enact ; that the prisons to which evill doors shall be committed for their evil offences , shall be in the most eminent & populous towns of the county , where the assises or sessions are usu●lly kept , and where is most resort and repair of people , that they may be the oftner visited , the better relieved by their friends and others ; and that none shall be imprisoned in private cases . and the book of 21. e. 4. 71 , brook imprisonment 80 , is express ; that no court can imprison any , but in their proper prisons belonging to them ; and that the fleet is the proper prison to the star-chamber and palace ▪ whither they ought to commit them : else men , through malice and power , might be sent to obscure castles , and remote prisons , and there starved or destroyed for want of necessaries , or purposely * murthered out of malice or design be private persons ; which they cannot so easily be in in common goals , where are store of company ; and the * common goalers themselves ( sworn and bound by law , to treat their prisoners well , ) may be indited and punished for abusing them . vpon which statutes and grounds , the whole house of common , resolved it thrice upon the question , & afterwards the whole house of lords thrice * voted , and adjudged , my imprisonment in carnarvan and mount orgu●il castles , dr. bastwicks in lanceston and syllye castles , and mr. burtons in lancaster and gernsey castles , both by sentence of star-chamber & the old council tables warrants , to be contrary to the law and liberty of the subject . your warrant therefore for my imprisonment in dunster castle , ( never yet a prison ) under the custody of souldiers only , not of a lawfull gaoler ( especially being no prisoner of war , nor ever in arms ) is diametrically contrary to these statutes , votes , resolutions , the law of the land , and subjects liberties . and so much the rather , because , tho there be good ayr , and prospect , in the castle , yet there are no provisions at all within it for the body or soul ; no meat to be had dressed , but at great distance from the castle ; which is very chargeable and inconvenient to a close prisoner : and no preaching minister setled either in castle or town , to comfort , or feed the soul , or to which by your warrant i may resort ; and it is above 50 miles distant from my house , where i have no friend , nor accquaintance near to visit , or supply my wants : and so parallel to my close imprisonment in carnarvan and mount-orgueil castles , yea worse in one respect , ●hey being after a kind of publick hearing and sentence , in a court of iustice , and this onely by a priv●te warrant , before any hearing , examination , or accusation that i hear of , by those who have been my friends , and for ought i yet know , have no legal power to commit me in any case , as that court had in some cases , though not in such a manner or to such prisons as then , or now . 5. your warrant is defective and illegal in the very grounds of my commitment , which are meerly gener●ll and uncertain : viz. for his seditious writings and practices against the common-wealth , without particularizing what these writings or practices are ; or when or where published , committed , or by whom or in what manner sugg●sted , or proved before you ; or , against what common-wealth , or f●rm of common-wealth in particular ; whether of england , scotland , ireland , or of any particular county , corporation or society , within them , which are * reall common-wealths within themselves . which generall uncertain charge and slander against me , so great an advocate for the true inter●st and republick of england , as all my writings evidence ▪ imports just nothing , but either malici●us suggestions , groundless suspicions , or feigned pretences against me , to deprive me of my liberty ; and were long since voted and adjudged in the parliaments , of 3 , 4 , and 16. caroli , in the cases of sr. john eliot and others , committed prisoners to the tower , fleet , and gate-house , by the lords of the councill , by the kings speciall command , for stirring up sedition and s●ditions practices against the state ( the very same your warrant suggests against me ) to be too generall and ill●gal , and no grounds at all for a commitment ; no more then schismatious inveteratus , resolved to be too generall a cause of a clerk● refusall by the ordinary in * cooks reports . 6. your warrant chargeth the governour , to imprison me in the castle , and not to suffer m● to have conferenc● with any , but in his presence and bearing ; nor to send or receive any letters , but such as he shall peruse . a clause of the highest restraint and oppression i ever yet suffered , or met with ; for if the governour voluntarily , or necessarily absent himself , i must neither speak with , nor write to any man , upon what urgent occasion soever , nor receive any letter of whatso ever importance ; be shut up a close prisoner night and day , alwayes guarded when i take the air in the castle ( as now i am ) and not repair to any church or meeting , to hear , fast , pray , receive the sacrament , nor send my own servant out of my chamber , or the castle , ( as now i cannot ) for any necessaries , for fear of infringing this strict formidable warrant , which puts me into the self same condition i was in at carnarvan and mount orgueil castles , and will prove as fatal to my own , and all freemens liberties of england ( if not recalled and exploded with highest indignation ) as those my r●straints and close imprisonments were ( with my brother bastwicks and burtons too ) by the votes and judgement of both houses , whereof i think meet to give you this full account . when i was first committed to the tower by the lords of the council for my histriomastix , ( suggested to be seditious and scandalous in the highest degree ) the words of the lords warrant to the lieutenant were , * to require him to keep me safe prisoner in the tower , without giving free accesse unto me , until he should receive farther order : yet this warrant , though all my friends had present free accesse to , and conference with me in publick and private , without any restraint or perusal of letters to or from me ( not expressing any particular cause for my commitment ) was by the unanimous vote of the whole house of commons 20 aprilis 1631. in these words , resolved to be illegal ; resolved upon the question , that the imprisonment of mr. prynne ( in the tower ) by a warrant under the hand of thomas lord coventry , and others ( therein named ) is unjust and illegal : and that they ought to give mr. prynne satisfaction for his damages sustained by that imprisonment . and in my brother burtons case ● committed close prisoner to the fleet by the lords , for preaching and publishing a seditious sermon and book ( as they termed it ) intituled ( for god and the king : ) the house of commons the 12 of march 1640. passed this vote , * resolved upon the q●estion , that the warrant from the council boord , d ted at white-hall febr. 2. 1636. for the committing of mr. burton close prisoner , and the commitment thereupon ▪ is illegal , and contrary to the liberty of the subject : and that he ought to have reparations for his dammages sustained by this imprisonment . and whereas we both , with dr. bastwick , for pretended sedit●ous books and practices ; were , after a kind of hea●ing in s●archamber , sentenced , and ordered to be kept close prisoners in 3 remote castle ; and after that , by * order and warrant of the old council table , removed into 3 castles in the ifles of jersy , gerxsey and silly ; and there , for preventing the danger of spreading our ( pretended ) schismatical and seditious opinions , ordered , to be kept close prisoners , and none to be permitted to have free conference with , or accesse unto us , but only such faithful and discreet persons as should be appointed to attend us ; and that no letters or writings should be permitted to be brought to us , or sent from us to any person or persons ; and if there should be any such brought or sent , that the same should be opened by the governors , or their deputies ; and if they contained any thing material or considerable , that the same should be sent to one of his majesties principle secretaries : ( the substance of your present warrant , which seems but the copy of it in this particular , ) the whole house of commons three several times , upon the question resolved ; and the lords upon our three distinct hearings , thrice adjudged , those sentences , orders , warrants , and restra●nts therein cont●ined , * to be against the law and liberty of the svbiect , the great charter of england , and other fore-cited statutes ; and that we ought to receive dammages for the same , from those who had a vote or hand therein . which illegal sentences , warrants of restraint , and exile ( as you and your associates well know ) were the principal occasion of suppressing both the high commission , starchamber , and council tables exce●ses , by two special acts of parliament , and one principle charge against beheaded canterbury . wherefore , i cannot but stand amazed , to find you not only imitating , but in some sort exceeding them in this your warrant , being privy to these votes , and of counsel to some of us , declaiming as bitterly against such illegal restraints , and the authors of them , as any ; which yet now you practice with an high hand , against all these votes , in my very case ; which will fall heavy on you . i beseech you therefore sadly to consider , what all my friends , yea your best friends , and enemies too , will think , report of you for the present , and register to posterity ; and what our whole 3 kingdoms and forein nations will judge of you and your associates for this your warrant and close restraint of me thereby : will they not report , publish to all the world , that you are more cruel , tyrannical , extravagant , unjust , than the beheaded king , ( condemned by your own sentence for a tyrant ) or than canterbury , strafford , the high commission , star-chamber , or old council table ; and that your little singer is now grown heavier than their whole loyns , not only to your enemies but friends ? yea , that you deal worse with me , than the most bloudy tyrant nero did with paul , when prisoner under him at rome ( though charged * for a pestilent fellow , & stirrer up of sedition among the jews throughout the world ; ) who yet * had there free liberty , without the least restraint , publikely and privately to confer with , send for , yea preach to whom he pleased , and to receive all persons ( and letters too ) that came unto him , no man forbidding him : acts 28. 14. to the end . nay , worse than men by law can deal with their trespassers or ill-tenants beasts ; which ought to be kept in ●n overt open pound , where the owners , and all others may freely visit , feed , relieve , replevy them at their pleasures without restraint ; and not shut up in a close room , where none may see or feed them , but by the oversight and leave of others : as the statute of 1 & 2 phil. & mary , c. 12. 5 h. 7. 9. with other law-books resolve . nay worse ▪ than the late parliament dealt with strafford , or canterbury , when impeached of high treasons of the greatest magnitude , against the king and kingdom , by all the commons of england ; who had no such restraints of conference , or letters on them , as you now lay upon me , but absolute freedom of both , and full liberty of the tower , till strafford endeavoured an escape from thence . and will you deal more rigorously with me , than the parliament did with these arch-traytors ? let not such an oppression , an exorbitancy as this , be ever heard of in † askelon , or published of you in gath , lest all your and my enemies should rejoyce thereat . if you pretend necessity of state , or the publike peace and safety , for these illegal proce●dings ; it is but the very same plea the prelates pretended for my close imprisonment , and banishment heretofore ; the * king , for the loans , excise , shipmoney ; and the army for my last restraint , violence to both houses , and their secured secluded members : a plea which soon resolve● into , scelera sceleribus tuenda , and necessitates men at last , to commit one violence , sin , & wickednesse , after another , till they perish in their villanies , and sink down quick into hell , and is at this day the greatest argument , instrument , the devil hath , to precipitate men ( formerly moderate , mercifull , just , religious ) into most ●xorbitant , scandalous , * violent unrighteous actions , designs , and to induce them to proceed impenitently from one extremity to another , which they formerly most severely censured , sentenced in others ; yet now approve and justifie in themselves , when they find their own interest concerned , or their carnal f●ars or jealousies of others really innocent , suggesting any thoughts of some close designs against their wayes of violence and publike desolation , instead of sincere repentance , confession and reformation , of what their own consciences inform them secretly to be evill and unjust . wherefore i desire you in this case , to beware of this most dangerous snar● of the devill , and that maxim now in many mens mouths ▪ unworthy men or christians : over shoo●s , over boots : we are engaged , and therefore can neither with honor , safety , nor prudence , recede from what we have done amisse : when as all our honor , safety , prudence , and eternall salvation too , consists only , in our * retreating , actuall repentance , and satisfaction to the parties injur●d , in suh c ases , by our unrighteous dealings a●d oppressions , because we have onely present power in our hands , to oppresse and injure them . 6. your warrant orders them , to search all my chambers ' studies and places in my house for papers , writings , records , and before any accusation or conviction ; the highest strain of regall , prelaticall , high-commission , and councill-table tyranny , * r●solved by the two late parliaments and whole house of c●mmons , to be an high intrenchment upon the subje●ts liberties , and property , contrary to magna chart● , the petition of right , the judgment in s●mai●s case ; much censured by sir edward cook in his 4th . institutes , in the chapter of justices of the peace : and in the cases of * mr. cre● , mr. pym , and other members o● parliament ● and such a one i yet am , if the former parliament hath a being since the kings beheading , the lords suppression ▪ and most common●●eclusion , as you hold it hath ) an high infring●●nt of the priviledges of p●rliament , of which whosoever are , or shall be guilty , they are by several orders , votes , a●d ordinances of parliam●●t , declared , to be en●mies both to th● parliament , and co●mon ▪ weal●h ▪ of england , ●nd to be appr●●ended and proc●●ded against as such . in all which respects your present warrant , and the execution of it , being so diametrically contrary to the known * laws and statutes of the realm , the votes and declarations of both houses of the parliament , in mine own and others cases , and the late declarations of febr. the 11. and march 17. 1648. of those now acting ; i shall of meer right , not any grace or favour , demand and expect from your self , and your ass●ciates of the long robe ( my quondam speciall friends ) who know all the premises to be law and this warrant most illegall , a present revocation and condemnation ●hereof as such , and my present absolute inlargement , without any condition , restriction , caution or engagement whatsoever ; which i resolved never to enter into ( being liable only to punishment when , and if i do amisse , and am legally convicted of it , ) that so i may follow my country affairs this harvest time , without any such future interruption and vexation . and withall to send me the names of my accusers , and their particular accusation , ( if there be any such ) that so i may rec●ive reparations from them or you , for this most injurious ▪ restraint , to my great trouble , cost and prejudice ; which i am confident you neither will nor can in iustice or honor deny me . but if this will not be granted ; as this my unjust restraint , may then prove as prejudiciall to you , as my former imprisonments did to the canterbury , the pr●lates , and star-chamber , and will cry as lowd to heaven , against you as they did against them ; till god himself delivered me by some other means ; i shall then request this justice only at your hands . first , that you would take care that my soul be not starved , for want of spirituall food , or free accesse unto it , when there are any sermons in the town : where there is yet no setled minister , but a lecture at some times and days . a * libert● enjoyed during my former imprisonments . 2. that you will allow , and take care for my dyet , during my close restraint , if you will needs keep me up a close prisoner ▪ my estate being exhausted by my former suffrings , the losse of my calling , publick taxes , free quarter , and scarce able to support my family at home ; now left like sheep without a shepheard . 3. that if you will not be so just and charitable ▪ that at least you will cause the 800 l. due unto me as contractor ( for which i never received o●e farthing , though it cost and lost me double the value , and i should never have demanded it , but upon this extraordinary occasion of expence ) with all the free quarter , certified to be due unto me for the last year , under 〈◊〉 commissioners hands , and yet not satisfied , to be forthwith paid ; to help sustain me , during this my present extremity , ( which i hope you will * not delay , or deny ) i shall till then remain , yours illegally restrained close prisoner , will. prynne . dunster-castle july 5. 1650. mr. prynnes second letter to mr. bradshaw . sir , i informed you by my letter the 5 of this instant iuly , of the forcible breaking and searching of my house and study at swainswick , seising and carrying away my person and papers about midnight , on the lords day , by a party of horse , and my close imprisonment ever since in dunster castle , by pretext of a warrant signed with your hand ; the illegality whereof , and of its execution , i therein undeniably demonstrated , by acts , votes , resolutions of parliament in my very case , and proved them more exorbitant , then the worst first proceedings of the prelates , high commission , council table , or star-chamber against me , under the late king , whom you your self a condemned to have his head severed from his shoulders for a tyrant , demanding thereupon of meer right my present enlargement from this unjust imprisonment , with reparations for the same . to which as yet receiving no answer , after above a fortnights restraint , contrary to expectation , and magna charta it self : nulli negabimus , nulli differemus justitiam aut rectum : and hearing , that by a like illegal warrant under your hand , made to souldiers , not sworn officers , they have broken open my study , seised all my writings & trunkes at lincolns inn , & carryed them to white-hall , contrary to the law of the land , and liberty and property of the subject ; i am thereupon necessitated for the defence of mine own , and the nations liberties , ( for which i have so deeply suffered , in defence whereof , we have of late years spent so many millions of treasure , and tuns of gallant english blood ) to make this solemn protestation to you , and all the world , that these warrants and proceedings of yours against me , are altogether illegal , tyrannical and exorbitant , contrary to magna charta , the petition of right , the resolutions of the 3 last parliaments , the b votes of both houses in my very case , and the cases of my brother dr. bastwick and mr. burton , the law of the land , the subjects liberties and property , and many declarations of the last parliament , published to the world. to begin with the breaking up of my house , study , seising of my writings and papers , records , and imprisoning my person , before any hearing , examining , or legal accusation against me , by colour of your illegal warrant ( the revived exorbitances of the high commission , and old council table , under which the freemen of england formerly groaned , and most sadly complained ) i shall desire you and the whole kingdom ( by way of supplement to my former letter ) to take notice , 1. first , that in the cases of my brother dr. bastwick , and mr. burton , ( whose houses , & studies were broken open , searched , and their writings , books , persons seised , by colour of a warrant from the high commis . & old council-table ) the whole house of commons , upon the report of their cases , passed these two votes c feb. 24. 1640. resolved upon the question ; that the precept made by the arch-bishop of canterbury , and other high commissioners for causes ecclesiastical within the realm of england , for apprehending the body of doctor bastwick ; and for searching for , and seising of his books ; and the making and issuing thereof , and likewise the messengers act in searching dr. bastwicks house and study , and searching and taking away his books and papers , by that precept , are against ▪ law , and the liberty of the subject . and march 12. 1640. resolved upon the question ; that the breaking open of mr. burtons house , and arresting his person , before any cause depending against him in the star-chamber ; and his close imprisonment thereupon , are against the law and liberty of the subject . that iohn wragge hath offended in searching and faising th● books and papers of mr. henry burton , by colour of the general warrant dormant from the high commission ; and that that warrant is against the law , and liberty of the subject : and that s●rjeant dendy , and alderman abel have offended , in breaking open the house of mr. burton , and ought to make reparations to mr. burton for the damages he sustained by breaking open his house . and that iohn wragge ought to make reparations to mr. burton for the damages h● justained by breaking open his study , and seising his books and papers . 2ly . that after this , the whole house of commons in their remonstrance of the state of the kingdom , the 15 december , 1641. reciting many grievances therein complained of ( now acted over in a far d higher degree than ever they were under the beheaded king ) sadly remonstrated , e that great numbers of his majesties subjects for refusing unlawful charges , taxes , new oaths and judicatures erected against law , have been committed t● long and hard imprisonments , and others have had their houses broken up , their goods seis●d , and some have been restrained for their lawfull callings . and that the very next day after the parliament ended , the fifth of may , 1640. some members of both houses , had their studies and cabinets , yea their pockets searched ; which they declare to be contrary to the law , and the subjects liberty . 3ly . that in the case of members ( and such a one i still am , if the parliament or house of commons be yet in being , as you do and must affirm ) the whole house of commons 3 jan. 1641. published and printed this order , f it is this day ordered upon the question by the commons house of parliament , that if any persons whatsoever shall come to the lodgings of any member of this house , and there do offer to seal the truncks , doors or papers of any members of this house ( which is lesse than to break open , search , and take them quite away by armed souldiers , as in my case ) or to foise upon their persons ; that then such members shall require the aid of the constable , to keep such persons in safe custody till this house do give further order . and this house doth further declare ; that if any person whatsoever shall offer to arrest or detain the person of any member of this house , without first acquainting this house therewith , and receiving further order from this house , that it is lawfull for such member , or any person , to assist him , and to stand upon his or their guard of defence , and to make resistance , according to the protestation taken , to def●nd the privileges of parliament . 4ly . that afterwards the commons house in their g declaration of the same january ( in case of the 5 impeached members ) published to all the kingdoms , further declared and ordered , that whereas the chambers , studies and truncks of mr. denzil hollis , sir arthur haslerigge , mr. john pym , mr. john hampden , and mr. william strode , esquires , members of the house of commons , upon monday the third of this instant january , by colour of his majesties warrant , have been sealed up ( not broken up , searched , and carryed away as mine are , which is far more ) by sir william killigrew , and sir william flemen , and others , which is , not only against the privileges of parliament , but the common liberty of every subject ▪ whereupon we are uecessitated according to our duty , to declare , and we doe hereby declare , that if any person shall arrest mr. hollis , sir arthur haslerigge , mr. pym , mr. hampden , and mr. strode , or any of them , or any other member of parliament , by pretence or colour of any warrant issuing out from the king only , he is guilty of the breach of the liberty of the subject , and of the privilege of parliament , and a publike enemy to the common wealth . and that the arresting of the said members , or any of them , or any other member of parliament , by any warrant whatsoever ( therefore by yours now ) without a legal proceeding against them , and without consent of that house , whereof such person is a member , is against the liberty of the subject , and a breach of the privilege of parliament ; and the person that shall arrest any of these persons , or any other member of the parliament , is declared a publike enemy of the commonwealth . and we doe further declare , that the privileges of parliament , and the liberties of the subject so violated and broken , cannot be fully and sufficiently vindicated , unless his majesty will be graciously pleased , to discover the names of those persons , who advised his majesty to issue out warrants for the sealing of the chambers and studies of the said members , to send a serjeant at arms to the house of commons to demand their said members , to issue out several warrants under his majesties own hand to apprehend the said members ; whereupon those who sealed up these members studies and truncks were committed prisoners , and threatned to be put by their places ; as some of them then were . from all which votes , resolutions , declarations ( to omit many h others of this nature ) i must conclude and protest ; that if the breaking up , searching for , seising , and bare sealing up of the doors , studies , trunks , papers of subjects , and members of the commons house , or apprehending their persons by warrants from the high commission , old councel table and king himself , by pursevants and clerks of the council table ( who were sworn legal officers ) be such an high violation of the law of the land , the liberty of the subject , the privileges of parliament , and render such as are guilty thereof declared enemies to the commonwealth : then your breaking up , searching my house , studies , trunks , and seising of my writings , papers , person , by armed , unknown , obscure souldiers , who are no legal officers ▪ after all these votes and declarations , must much more be against the law , and liberty of the subject , the privileges of parliament , and render you , them , and all who were active in it , notorious enemies to the commonwealth of england , unlesse you give me speedy satisfaction and reparations for the injury , and retract those violent proceedings with shame and indignation ; which i demand and expect of right , without further delay . next , i must acquaint you , that i and my servant too , have now been kept up close prisoners , and restrained from all gods publike ordinances , above this fortnight , by colour of your illegal warrant ; whereas the whole house of commons , in their i remonstrance of the state of the kingdom , 15 decemb. 1641. reputed and declared this , as the compleating of cruelty , under the late king , that some members deteined close prisoners , after the dissolution of the parliament 4 caroli , were deprived of the necessary means of spiritual consolation , in not suffering them to go abroad to enjoy gods ordinances in gods house . which soul-murthering cruelty i now suffer by your unjust restraint , and my servant likewise . i beseech you sadly to consider , not only the great scandal , but impiety and danger of such restraints from publike ordinances . the scripture defines the devil himself to be the original author of such imprisonments , restraints of gods saints and servants , rev. 2 , 16. and further assures us , that k christ at the last judgement , will say to those who did but only not feed , cloth , and visit the least of his saints , when they were in prison ; depart from me ye cursed , into everlasting fire prepared for the ●evil and his angels : what an heavy doom then will he passe against those , who ( against all rules of law and justice , ) cast them into prison , and will there neither feed , cloth , nor visit , but starv● their bodies and souls too , as much as in them lyeth , by depriving them of gods ordinances , and all means of livelihood , as you do me , after all my former great losses , and long-continued suffrings . i cannot as yet be so uncharitable , as to believe you design the ruine of my soul , body , and wasted estate ; but if you de facto do it , by this injurious restraint , your sinne is as great , as if you did design it . if you think to justifie or excuse these irregularities and unjust violent proceedings against me , by pretext of necessity and publike danger , the only thing in justification i yet hear alleged by your instruments ; as this will be no plea at all before christs tribunal in the great day of judgment ; who l prohibits all kind of violonce , injustice , oppression , injury upon any pretence what soever , and will severely punish it ; their m damnation being most just who do evill upon this unrighteous ground , that good may come of it : so it will not hold water before mans tribunal , being resolved , declared , by the n judgement of both houses , and an act of parliament in cases of shipmony , excise , loans , to be no cause nor justification of a distresse , much lesse of an imprisonment . and it being a necessity and danger of your own making , not mine , the rule of law is , o that noman shall take advantage of his own wrong to the prejudice of another . the late beheaded king in his p answer to the petition of both houses , 26 martii , 1 642. is so ingenious , as to confesse , that the violating of laws by his ministers , and the mischief that then grew by arbitrary power , was made plausible to us , by the suggestion of necessity and imminent danger ; and thereupon he gave both houses this caution : and take you heed , you fall not into the same error , upon the same suggestions ; which in his q answer to the remonstrance of the lords and commons of the 9th of may , 1642. he thus seconds , and therefore we had good cause to bestow that admonition ( for we assure you it was an admonition of our own ) upon both houses of parliament , to take heed of inclining , under the specious shews of necessity and danger , to the exercise of such an arbitrary power they before complained of ; the admonition will do no harm , and we shall be glad to see it followed . and therefore for you , or those now acting , after these two serious admonitions , to pretend necessity and imminent danger , for these , with other arbitrary courses , proceedings , condemned in and by the king himself , and the whole parliament , must be the hight of oppression , injustice , and will render you r more detestable to the nation and world , than ever they did the king , or his evil counsellors . to trouble you no further at present ; i shall only inform you . that the commons in their ſ remenstrance of the state of the kingdom , decemb. 15. 1641. yea , both lords and common● in their declaration of 4 august , 1642. among other designs , practices of the malignant party and counsellors about the king , complained of this , as one of the most dangerous ; t that they endeavoured to make those odious , under the name of puritans , who sought to maintain the religion , laws and liberties of the kingdom ; and such men were sure to be t weeded out of the commission of the peace , and out of all other imployments of power and authority in the government of the country . many noble personages were counsellors in name , but the power and authority remained in a ●ew of such , as were most addicted to this p●rty ; whose resolutions and determination● were brought to the table for countenance and execution , and not for debate and deliberation ; and no man could offer to oppose them , without disgrace and hazard to himself ; nay , those that did not wholly concurr , and actually contribute to the furtherance of their designs , though otherwise persons of never so great honour and abilities , were so far from being imployed in any place of trust and power , that they were neglected , discountenanced , and upon all occasions injured and oppressed . the laws were no defence or protection to any mans right ; all was subject to will and power , which imposed what payments they thought sit to drain the subjects purses , and to supply those necessities which their ill counsels had brought upon the king , and gratifie such as were instruments in promoting these illegal and oppressive courses . v they who yielded and complyed , were countenanced and advanced ; all others disgraced and kept under , that so mens minds made poor and base , and their liberties lost and gone , they might be ready to let go their religion , and submit to the subversion and alteration of the laws and government , which they designed . and whether your proceedings in the self-same kind against my self , & others who have suffered and stood so much for religion , laws , and publike liberties in the worst of former times , thus complained against ; and securing , restraining us to boot , in a more more violent way than the king and his evill counsellors proceeded against us heretofore , will not draw a greater guilt , disreputation , heavier judgement upon you and your associates , then they complained of did upon them , if you persevere impenitently in such execrable machiavilian carnal practices , i leave to your own consciences to determine ? sir , i was never yet a flatterer of any person or p●rsons , how great soever in arbitrary and illegal w●ys , and my present extremities will be a sufficient apology for this my boldnesse and plain ▪ dealing with you , as well as others heretofore in like cases , wherein the x whole n●tions liberties are concerned as much as mine own ; wherefore i do once more , upon the premised votes and gro●nds of right , demand my present ●nlargement , the restitution of my seised papers , writings , records , books , tr●●●ks from you and your associates , with reparations for these injurious proceedings against me from your selves , 〈◊〉 the origin●l authors , and principal actors in them . and so exp●cting your undelayed answer to my former and present demands ( who amidst your manifold imployments , may spare as much time to doe me right as wrong ) that so i may know how to steer my course ; i must , and shall till then remain your unjustly close restrained captive , will. prynne , for his quodam kind friend mr. serjeant iohn bradshaw at whitehall , these . dunster castle , 16 july . an. dom. 1650. the third letter to mr. bradshaw . sir , i and my servant attending on me , have for above 6 weeks space , against all rules of law , justice , and the votes of both houses in my very case , been already kept close prisoners in dunster castle , debarred all free converse with others , by discourse or letter , and accesse to gods publike ordinances , by your illegal warrant ; and although i have sent 5 several letters to your self , and others of your colleagues , declaring the illegallity , the extremity of these your proceedings , and demanding nothing but jnstic● from you , which not only one christian , but turk , infidel , might justly challenge and expect from an other ; yet , i can neither receive answer , nor satisfaction from you in the least measure ; when as i never sought to the late king himself in my former troubles , for any thing i desired , but he ever gave me some positive answer or other , at the first , without one quarter of that sollicitation which you have had , who professed your self , my cordial friend ; yea whiles i was close prisoner in mount orgueil castle , he was so pio●s , as upon the very first motion of the governour ( without any petition from me ) to grant me free accesse to all gods publike ordinances , sermons , and the sacrament , which i cannot yet obtain from you ( pretending far more piety and liberty ) after so many letters ; who are now so far from returning me any answer , that my brother bastwick ( my sollicitor ) i know not by whose direction , informed me , he can obtain no admittance to your presence , being put off , or denyed entrance by your attendants . a strange carriage of any mortal towards his fellow creature , but stranger in any christian towards his christiun brother , and professed friend ; when a● the most high , most glori●us , ●mnipote●t , incomprehensible god , who dwelleth in the highest ( a ) heavens , and in that light that no man can approach nnto ; though b b king of kings , lord of lords , and a great king over over all the earth , doth ▪ so far humble ▪ himself ▪ ( to teach the highest mortals the like humility , and charity to their lowest afflicted brethren ) as , always to give c fr●e accesse , a● d open ear , a e speedy audience , & ready answer to all the just prayers , & requests of the very mean●st of his creatures , servants here on earth ( especially in the times of their d●stresse ) and hath registred this comfortable precept , backed with a pr●mise , not only of audience , but deliverance , for every faithfull christians encouragement ▪ psal . 50. 15. call upon me in the time of trouble , i will deliver thee , and thou shalt glorifie me , the accomplishment whereof hath experimentally been made good unto them , upon all occasions , and is thus recorded to posteriry by the palmist in his own and others cases . psal . 34. 4 , 5 , 6. i sought the lord , and he he●rd me , and delivered me from all my fears . they looked to him , and were lightned , and their faces were not ashamed . this poor man cryed , and the lord heard him , and delivered him out of all his troubles . whose celestial example you are so far from imitating , notwithstanding this evangelical-precept , luke . 6. 35 , 36. be ye therefore merciful , as your heavenly father is mercifull ; for he is kind unto the unthankfull and evil ; ( then much more to the good ) that as yet i cannot find you so righteous , as that dilatory f judge , which feared not god , nor regarded man , who although for a while he refused to avenge the importunate widdow of her adversary , ●et afterward said within himself ; though i fear not god , nor regard man , yet because this widdow troubleth me , i will avenge her , lest by h●r co●●inual coming she weary me . and therefore you may justly fear what follows in the next ensuing verses . and shall not god avenge his own elect , which cry day and night unto him , though he bear long with them ? i tell you , that he will avenge them speedily , of all those that injure , or refuse to doe them right , according to that memorable scripture , prov. 21. 7. the robbery of the wicked shall destroy them , because they refuse to doe judgement . if you still pretend , want of leisure to do me right ▪ i shall fi●st mind you , that ki●g philip of macedon , giving this ans●er to a p●●r petitioner , who demanded iustice at his hands , that he had no leisure to do her right ; received this bold reply from her , g noli itaque regnare ; be you then king and president no longer over us , but let those reign who will find leisure to to doe us justice ; whereupon he immediatly did right , not only to this suter , but divers others . it shall be my reply to your dilatory excuse , and i wish it may produce the like effects in you as it did in philip. next i find , that si●ce my imprisonment in dunster castle , you have found leasure enough to grant out an o●der for the slighting of it , and removing the garrison thence to taunton castle , and therefore i conceive you might at the same time , have found leasure enough , had you not wanted will , for my release from thence , who now am like to be tossed up and down by you , like a tennis-ball , from one castle , and illegal prison to another , to my greater trouble and expence , as i was by the late tyrannizing prelates malice , contrary to law , and the subjects liberty , as both houses h voted in my very case , which will be a further addition to my oppression , and your injustice render you altogether as injurious , if not as malitious towards me , as beheaded canterbury , & add very little reputation to your new regency over us . and is this the only fruites of your pretended friendship and justice ? the only guerdon , recompense of all my former labours , losses , sufferings , for the commonwealth , and liberty of the nation , even in the worst of times ? is this the only native english freedom ▪ i and other patriots of our country must n●w enjoy , expect , after so many years sufferings , wars , prayers , tears , fasts , ( both publike and private ) so profuse an expence of our treasure ▪ blood , and exhausted estates , to regain , maintain our hereditary liberties against all invasions , to be now at last , without , before any legal pr●cesse , or inditement , upon m●er general surmises , fears ▪ suspitions , thus violently pulled out of our houses , banished our habitations , divorced from our families , deprived of our callings , disseised of our offices , t●usts , freeholds , attainted in new kind of premunires , put out of protection of those very laws to which we were born undoubted heirs ; sequestred from all free converse with our friends , country-men , by conference or writing ; debarred accesse to all gods publi●e ordinances , for the instruction or consolation of our souls ; plundred of our papers , writings , records , horses , armes , at the arbitrary discretion of every sowldier or new i militia-man , carryed through the country in triumph , like turkish galley-slaves , consined , banished , imprisoned , tossed up and down from one illegal prison to another , from one illegal judicatory to another , and ruined by uncessant new taxes , excises , payments , without and against all rules of law and justice , contrary to so many solemn protestations , declarations , remonstrances , leagues , covenants , ratified , subscribed in gods sacred presence , with hands lifted up to heaven ; and that by a few of our meer fellow-subjects , who have not the least shadow of any lawfull jurisdiction over us from god or man , much lesse of any such absolute , arbitrary , tyrannical domination over our persons , estates , liberties , lives , as they now dayly exercise : which the beheaded king , yea the most oppressive of his royal predecessors , never exercised , nor pretended to , but k absolutely disclaimed and protested against , as both illegal and tyrannical ? and must we still be constrained to pay heavy monthly contributions , excises , only to maintain souldiers , to support such an oppressing l self-created authority , power over us , and execute all their iregal warrants , to break up , search , command our houses , ransack our studies , writings , seise , in prison our persons , plunder our goods , disseise us of our freeholds , take away our lives , and make us more absolute vassals to our new supremacie , than the most slavish turks are to their grand seignior ? did ever the free people of england ( voted by the army and those at westminster the m only supreme authority of the nation next under god ▪ and the only fountain of all lawfull authority ) ever transferr such an exorbitant iurisdiction as this , over themselves , or me , to those at white-hall , or any other , who stile themselves , their representatives , or authorize them to do the least action contrary to magna charta , the statutes of 25. e. 3. c. 4 ▪ 42. e. 3. c. 3. the petition of right , the statutes of 25. e. 1. c. 5 , 6. 28. e. 1. c. 1. 34. e. 1. de tallagio non concedendo . 1 , 2 , 3 , 4. 14 e ▪ 3. stat. 2. c. 1. 1. r. 3. c. 2. 35 ▪ e. 1. de asp●rtatis religiosorum , and other acts , but lately made and assented to by the late be-headed king , an. 1640 ? and if not , as is most certain , then how can , or dare you , thus illegally ab●se , imprison , close imprison m● , and sundry others , as you have done ; and to levy n illegall contributions , and taxes , on me since my chargable imprisonme●t , not granted , nor imposed by the common consent of the earls , barons , great men , and commons of the realm in full parliament , by act of parliament , only to maintain souldiers to apprehend ▪ secur● , impriso● my self , and th' other free-men of england , and lord it ●ver us , by colour of your unlawfull warrants , contrary to the expresse letter of all these acts and resolutions of our two last parliaments ? yet this is not all the oppression i now groan under ; but as if the former had not been sufficient , some malitia ( rather then militia ) gentlemen of our county , ( the originall contrivers of my present commitment , if i be not mis-informea ) in the prosecution of their further malice towards me , on tuesday night last , sent a warrant by the constable to my house ( i know not by what new pretended authority ) to send in an horse and man , ( such as they should approve of ) compleatly furnished , to their worships , at wells ( 17. miles from my house ) the very next morning , without fail : to whom my sister returned this answer ; that i was a close prisoner , fifty miles off : that i had neither ●orse , nor arms to send , and it was impossible to provide any at so short warning , neither would my estate bear such an heavy new charge ( being not chargable with an horse , by their late instructions ) he replyeth , that no excuse would serve , but and horse and man must be sent , under i know not what heavy penal●y● ; & none beingsent upon these grounds , i daily expect to hear of their utmost ex●remitys against this my pretended default , being encouraged thereto by my present restraint : the illegallity and dangerousnesse of which new arbitrary authority in these commissioners of the militia , arraigning , assessing men with arms & imprisoning , fining men at their arbitrary discretion , without any legal tryal being largely argued , vored , resolved , 〈…〉 to the kingdom , by the o declaration of the lords & commons concerning the distractions of the kingdome , 1 ▪ 2. iuly 1642. by the petition of both houses , 20. iuly 1642. by his majesties declaration to all his subjects , aug. 12. 1642. and by the lords and commons 2. declaration , against the commission of array , 12. ian : 1642. i shall not dispute it here , but referr you thereunto . and for their present practice , in dis-arming many well affected gentlemen and yeomen of best rank and quality , puiting their arms into mercinaries hands , and not trusting them with their own or the kingdomes defence ; as it is against all presidents in former ages , cited either by the late king or parliament , concerning the array or militia ; so it was thus publickly declared against by the lords and commons in parliament , in case of the king and his party , in their printed p declaration of 18. august 1642. a third observation is this ; that arms were taken from the honest gentlemen , yeomen , and townsmen ; and put into the hands of such desperate persons as cannot live but by rapin● and spoyl . a fourth , that not withstanding all the vows and protestations to govern according to law , which have been dispersed throughout the kingdome , to blind and deceive the people . the most q mischeivous principlfs of tyranny are practised that ever were invented ; that is , to disarm the middle sort of people who are the body of the kingdom● , and to maintain souldiers by forced contribvtion to create a provintiall goverment in the north ( but now throughout the kingdom ) clearly against the common law , and the judgement given this parliament , for taking away the court at york . that the contrivers and instruments of ●h●se mischiefs , for th●ir better strengthning in these designs , are about to joyn themselves in association with other counties ; that directions are given that such as shall oppose and ●ot joyn with them , shall be violently plundred and pillaged ▪ of their horses and ar●●es , at least , if not of their goods and estates . ) vpon all which considerations , and unjust oppressions , now imposed on , or threatned to me be reason of my present restraint , i do once more , of meer common right , demand my unconditioned present enlargement , that ●o my imprisonment may not survive my now demolishing new prison , where there are neer 300. pioners at work to level , not only the castle walls ▪ but ●●●●lling house it self , to the very ground , by pretext of your fresh warrant ; though the best seat in the county ; yea the antient habitation of an eminent gentleman , and his ancestors , who have been always cordial to , & sustained many thousand pounds losse for the parliament ; who yet , without any notice , or 3 days warning , r must have his house pu●led down over his head , before , yea without any veiw , hearing , or recompence ; himself , his wife and family ▪ turned out into the streets ( having no other habitation for the present , ) & instead of receiving recompence for his former six thousand pound losses or more , be rewarded with neer ten thousand pound new dammages , for his fidelity toward you ; to the great rejoycing and triumph of all the malignants in the county , who laugh in their sleeves , to see how gratefully and bountifully you reward your best deserving friends , for all their losses and services for the publick , with greater injuries , dammages , affronts , oppressions and restrai● is , than ever they received from the worst , and cruelest of their enemies . which is the present condition o● mr. george lutterell ; the owner of my demolishing prison of dunster castle ; and of your much oppressed close impriprisoned vassall , will. prynne . from my demolishing prison in dunster castle . the fourth letter to mr. bradshaw , and his assocîates . gentlemen , these are to mind you , that after all my heavy sufferings of three pillories , a double losse of my ears , stigmat●zing on both cheeks , two fines of 5000 l. apiece , expulsion out of the university of oxford and lincolns inn , degradation in both , the seisure of my papers , books , estate , near 9 years losse of my calling , above 8 years imprisonment in the tower of london , fleet , carnarvan , and mount orgueil castle in jersey , through the tyranny of the late prelates , starchamber and council table , only for my publike defence of the protestant religion , laws , and liberties of the kingdom , against popery and tyranny , in the worst of times , when few durst openly stand up on their behalf , to my damage of ten thousand pounds at least ; after above 8 years , faithfull , painfull services , since my enlargement , in maintenance of the kingdoms , parliaments just rights , privileges , liberties , against all opposers ; and other publike employments for the common good , with the almost total neglect and losse of my practice , and expence of many hundred pounds out of my purse ; after 3 months costly , most injurious imprisonment by the army , for discharging my duty , and speaking my conscience in the commons house , whereof i was then a member ( and am so still , if that house be yet in being , as you affirm , and so not subject to your new whit●hal jurisdiction ▪ contrary to law and the privileges of parliament ; after sundry other affronts , injuries , pressures , for my sincerity , fidelity to my native country ( for all or any of which unjust sufferings , losses , meritorions services , by which our religion , republick , parliament , nation , received many great advantages , i never yet received one farthing recompense , nor the least advantage or preferment , of which i was never ambitious , ) i have ( to augment my former damages , oppressions , in stead of repairing them ) received this great accumulation to them , by colour of your illegal warrants under mr. bra●sbaws hand ( who lately professed your selves my friends , and lamented my former injurious sufferings , though senceless of my present ) before & without the least notice , summons , a examination , or legal accusation ; even a forcible infringement , search , rifling of my studies , trunks , writings , papers in lincolns inn , & house at swainswick , by a company of armed souldiers ▪ who ●e●sed sundry of my writings , papers , bo●ks , 〈◊〉 records , against law , and sent them whitehall ; together with a violent attachment of my own person , ( though no fugitive , nor person in armes ) not by any known , sworn , lawfull officers , but a strong party of unknown troops , in my own house and bedchamber , about eleven of the clock at night , on the lords day , the 30 of june last ; who carryed me through the county in triumph , as their prisoner to dunster castle , ( no ordinary prison but a private garrison ) 50 miles distant from my habitation , where i have been kept close prisoner ( with my servant who attends me ) by more than four quaternions of souldiers ( as b peter was under persecuting herod ) above 3 moneths space , though the walls thereof be demolished of late by your order , to my ●xtraordinary expen●e ▪ and great damage , through my absence from my family all the harvest ; during all which time neither i nor my servant have been permitted the least accesse to gods publike ordinances , on lords-days , or lecture dayes ; nor to stir out of the castle ( where are no provisions at all to be had for any thing i want ) nor to speak with any person , but in the governours presence , or hearing ; nor to receive or write any letters upon any occasion , but what he must first peruse . and although i have written at the least seven lett●rs to mr. bradshaw , and others of you ( my late i●timate f●iends , ●omol ining of this unparalleld injustic● and tyranny , answering all pretences of necessity and publick danger , to justifie or excuse it , and manifesting it to be contrary to magna charta c. 29. 25 e. 1. c. 12. 28 e. 3. c. 1. 5 ▪ e. 3. c 9. 25 e. 3. c. 4. ●8 e. ● . c. 3 37. e. 3 ▪ c. 18. 38 e. 3 c. 9. 42 e. 3. c. 3. 17. r. 2. c 6. 2 h. 4. rot. parl. n. 60. the petition of right & other statutes , the very common law of england . the liberty of the subject , the law s of god and nature , the resolutions and printed c declarations of the 3 last parliamen●s , the expressed d votes of the commons , & iudgement of the lords house , in my own particular case and my fellow sufferers ; yea a greater cruelty and tyin some respects , than ever the late king , star-chamber , or be headed canterbury ●●flicted on me , who at first only summoned me by a messenger , to appear before them , but never attached me by armed officers or souldiers ; accused me of a particular bock upon which they examin●d heard , before they restrained me , and never committed me close prisoner at first , nor laid any such restraints , upon me or my servant , as you do now for above 4 years space ; permitting me free accesse to gods publick ordinances ; free conference in publick and private , with whom , and liberty to write to , and receive letters from whom , i pleased , without any over-hearing or jutervising ; and to send my servant abroad , upon all occasions ( a liberty which the laws of england allow to all traytors and fellons whatsoever , and which beheaded strafford , and cant●rbury enjoyed , though impeached of the highest treasons by the whole commons house , and yet deuyed unto me , by you , such great pretenders to publick liberty , both of person and conscience , though hitherto accused , impeached of no crime ) yet notwithstanding , i can hitherto receive no relief , nor satisfactory answer to my just demands from any of you ; whereupon i have been necessitated to addresse this brief precedent narrative of your harsh proceedings against me , to you all in general , to leave you without excuse , and thereupon , as a free ▪ born english man ( who , as you well know , hath written , suffered more than any , or all of you , for the publick liberty of the nation , without the least reward ( upon which account i may justly challenge , as great an interest in the laws and liberty of the nation , as any man this day breathing ; ) i shall make bold ( being thus inforced by you thereunto ) to make some proposals unto you ( who have e declared an unaccountable power , or officer in any state , to be a monster both in nature and politicks ; ) for the publike and your own particular good , and my better relief , which i beseech you sadly to consider , because i fear , you now meet with more * sycophants than faithfull friends and monitors to inform you of your extravagances . first , whether these exorbitant proceedings against me , contrary to all the forementioned laws , statutes , declarations , parliamentary votes and resolutions of both houses in my very case , be an inviolable maintaning , upholding , preserving of the fundamental laws of the land , liberty and property of the people , according to the f solemn protestation , vow , covenant , you have made , subscribed , in the presence of the everliving god , with a real intention to perform the same , as you shall answer the contrary , at the great day of iudgement , or of your own g former late printed declarations , published to this kingdom , nation and the whole world ? and by what authority derived to you from god , or men you can justifie or excuse this extream violation of all these laws and premises , contrary to the very letter of your protestations , covenants , and publike h declarations , in this second year of englands pretended redemption from tyranny and slavery , which never felt , nor complained so much of both of them , as now under you . 2ly . how you , who professe your selves such eminent saints , yea patrons of publique liberty and piety and justifie the casting , detaining of saints in prison , which is the proper work of the devil , and his instruments . r 〈…〉 isay 14. 17. acts 5. 18. c. 12. 3 , 4 , 5. mat. 14. 〈…〉 17 18 , 21. but the opening of prison doors , the loosing , releasing prisoners , the proper office , work of god , jesus christ , and all good angels , psal . 146. 7. isay , 61. ▪ 1. acts 5. 18 , 19. c. 12. 5. to 20. ●he debarring me and my servant above three moneths space , from all gods publike ordinances , on lords days , and week days , and denyal of me so much freedom , liberty , under your new gaolers and free-state government in christian england , as st. paul ( though accused for a i pestilent fellow , and a stirrer up of sedit ion amongst the jews throughout the world ) enjoyed under the pagan , bloody persecuting tyrant k nero in heathen rome it self , acts 28. 15. to the end : yea , as all publike traytors , malefactors whatsoever , by the laws of the kingdom 〈◊〉 enjoy , and all late restrained cavalliers in armes have enjoyed ? and how you will at last escape that heavy doom denounced against such , as do but only , not visit christs imprisoned members ; or such as trouble and oppresse , without imprisoning them , recorded mat. 25. 41. to the end , 2 thes . 1. 4. to 10. if you thus close imprison , starve , undoe me , without any just or real cause , only because you have present power in your hands , and the longest sword ; against which practice and ground of present power , there is an heavy woe and judgement particularly denounced , mich. 2. 1 , 2 , 3 , &c. which i desire you will seriously read and consider . 3ly . whether it will not be esteemed an argument of extraordinary cowardice , guiltinesse in you , who have all the militia and power of the kingdom , both by land & sea , in your hands , and such great successes , as you publish ; to stand in fear of such a mean , unarmed , despicable person as my self ; and thereupon only to mue me up close prisoner , as you doe , in a remote private castle , against all rules of iustice , l law , and christianity ? 4ly . whether ▪ if you pursue , equal , exceed the injustice , oppressions , tyranny & greatest exorbitances of beheaded canterbury , strafford , the suppressed star-chamber , council table , or late king ( condemned , executed by you so freshly , for a tyrant , must you not in all justice , reason expect , and in gods due time undergo the self same , or far worse tragical , fatal ends , as they have done , with eternal damnation to boot , notwithstanding your present power , greatnesse , not half so well settled , bottomed , backed by law , or otherwise , as theirs was , when they sare and acted in state , where you doe now ? for which i intreat you , advisedly to peruse , with sincere hearts . rom. 2. 1 , 2 , 3 , 5 , 6 , 8 , 9 , 21 , 22 , 23 , 24. ezech. 18. 12 , 13 , 24. and isay 14. 4. to 24. these proposals premised , i have only as ma ny demands to make unto you ; to which i desire your undelay●d answer , not out of any favour , but meer right and justice . first , that if you have an● ●riminal or capital charge against me , by any known laws or statutes of this realm ( as i am sure you have none ) you will then bring me to a speedy , just and legall tryall for it , upon an inditement or presentm●nt of the good and lawful people of the neighbourhood , where my pretended offence was c●mmitted , before a law●ull tribunal and legal iudges ; ( if there be m any such now in being : ) and that i may be tryed by the lawfull judgement of my peers , according to the good old laws of the land ; and have all just exceptions and challenges allowed me ; and not to be murdered , destroyed as some lately have been , by tyrannical and arbitrary courts ▪ marshal , or mi●-named ▪ new courts of high iustice , set up in direct opposition subversion and destruction , of the very n common law of england , ( the highest liberty of the subjects , the very safety , preservation of their lives , their o c●ief●st bulworks against all arbitrary powers , which are all now prostituted to the lawless wils of others ) & the expresse statutes of magna charta , c. 14. 29. 25 e. 1. c. 1 , 2 , 3. 28 e. 1. c. 1. 1 e. 3. c. 19. 2 e. 3. c. 1. 4 e. 3. c. 1. 5 e. 3. c. 1. 9. 10 ▪ e. 3. c. 1. 14. e. 3. c. 1. 15 e. 3. c. 1 , 2 , 3. 20 e. 3. c. 1. 3. 28 e. 3. c. 2 ▪ 4. 28 e 3. c. 1. 31 e. 3. c. 1. 37 e. 3. c. 1. 18. 38 e. ●3 . c ▪ 1. 9. 42 e. 3. c. 1. 3. 45 e. 3. c. 1. 50 e. 3. c. 2. 1 r. 2. c. 1 2 r ▪ 2. c. 1. 3 r. 2. c. 1. 5. r. 2. c. 1. 5. 6 ▪ r. 2. c. 1. 7 ▪ r. 2. c. 2 ▪ 3. 8 r. 2. c. 1. 9 r. 2. c. 1. 12 r. 2. c. 1 13 r. 2. c. 2. 5. 14 r. 2. c. 1. 12. 1 h. 4. c. 1. 10. 2 ▪ h. 4. c. 1. 11. 19. and rot. parl. n. 60. 4 h. 4. c. 1. 7 h. 4. c. 1. 9 ▪ h. 4 c. 1. 13 h. 4. c. 1. 2 h. 5. c. 6. 8 , 9. 2 h. 5. stat. 2. c. 3. 3 h. 5. c. 1. 7. 4 h. 5. c. 1. 7 h. 5. c. 1. 2 h. 6. c. 1. 6 h. 6. c. 1. 8 h. 6. c. 10. 29. 9 h. 6. c. 3. 10 h. 6. c. ●0 . 14 h ▪ 6. c. 1. 15 h. ● . c. 5. 18 h. 6. c. 12. 20 h. 6. c. 9. 31 ▪ h. 6. c. 1. 33 h. 6. c. 2. 1 r. 3. c. 3 , 4. 11 h. 7. c. 1. 11 h. 7. c. 21. 4 h. 8. c. 2. 6 h. 8. c. 6. 22 h. 8. c. 2. 14. 23 h. 8. c. 3. 13. 25 h. 8. c. 6. 22. 26 h. 8. c. 5. 6. 13. 27 h. 8. c. 4. 24. 26. 28 h. 8. c. 1. 7. 15. 32 h. 8. c. 4. 33 h. 8. c. 12. 20. 23 ▪ 24. 35 h. 8. c. 26. 35 h. 8. c. 1. 2. 37 h. 8. c. 5. 6. 8. 1 e ▪ 6. c. 1. 10. 12. 2 and 3 e. 6. cap. 1. 2. ●4 . ● & 6 e6 . c. 4. 9. 〈◊〉 11. 14. 1 mar. c. 3. 6. 1 & 2 phil. & mar. c. 10. 4 & 5 phil. & mar. c. 3. 4. 1 e. c. 1. 2. 5 eliz. c. 1. 4 ▪ 10. 11. 15. 21 eliz. c. 3. 4. 13 el. ● . 1. 2. 14 eliz. c. 1. 2 ▪ 3 ▪ 18. eliz. c. 1. 2● eliz. c. 1. 2. 27 eliz. c. 1. 2. 29 eliz. c. 1. 35 eliz. c ▪ 1● . 39 el. c. 15. 43 el. c. 13. 1 ●ac . c. 28. 11. 12. 27. 31. 3 jac. c. 2. 4. 5. 13. 4 jac. c. 1. 7 jac. c. 1. 6 10. 13. 21 jac. c. 4. with p sundry other acts , and the very letter of the petition of right ( so highly magnified fo● the most excellent ▪ most just , free and equal of any other laws in the world , by those now sitting at westminster , in their declaration of march 17. 1648. for setling the present government in way of a free state , wherein they solemnly engage inviolably to maintain them ; and yet now trample them all under feet by these illegal arbitrary ●udicatories , so much q declaimed against heretofore ) of purpose to destroy all sorts , degrees of subjects , and freemen of england , ) though no souldiers under military discipline , contrary to all these laws and franchises of the land ; when and where , no legal iury , nor court of iustice ; will or can condemn them ; adju●ged wilfull murder here●ofore , and so resolved ▪ in p●rliament , as sir edward cook r informes us in his 3. institutes ( printed by order of the house of commons , ) and so esteemed by g●d himself , though coloured by a ●re●ext of law , psal . 94. 20 ; 21. 1 ▪ kings 21 ▪ ●●o 2 ▪ 5. iohn 19. 7. 16. 18. compared with acts 2. 23. c. 3. 14 , 15. c. 7. 52. yea a more transcendent publickly avowed act of absolute arbitrary power ; and tyranny , than ever the late king or any of his predecessers were guilty off , which endangers every mans life , and chopps off every mans head , in taking off any ones , yea ▪ such , as in conclusion , may prove a new perillus his bull , to torture , destroy the first ●uve●tors by gods just judgements ; the heathen poet ●vi● observing , — n●c ●nim lex justio● ulla , quam necis artifices arte perire sua . whereof we have a memorable scripture president in that tyrant , adonibezek , judg. 1. 6 , 7. and in the shedders of the blood of saints , rev. 16. 5 , 6. seconded with four s formidable comminations both in the old & new testament , g●n . 9. 6. ezech. 35. 5 , 6. obad. 10. 15. &c. jam. 2. 13. rom. 2. 1 , 2 , 3. and with a most observable example in thomas ▪ lord cromwell , recorded by hall , and sir edward cook , in his 4 institutes p. 37 , 38. who in the height of his greatness & power , endeavouring to procure an act of parliament , to take away some other m●ns lives , without any lawful inditement tryal & by their peers , contrary to the forementioned laws , by the meer legislative power of the parliament , was the first and only man that suffered and l●st his head , wi●hout any legall tryal , by a bare act of parliament . 31. h. 8. c. 3. which kind of illegal taking away mens lives , being next degree , & very near of kindred to a private assasination , or publick massacre of those we fear or ●ate ; and in one respect worse than either of them , because disguised with a pretended shew of justice , is for ever to be abominated and exploded by all pretenders to piety and publick freedome , and not ▪ to be tolerated in any free monarchy or republick upon any pretence of necessity or publick safety whatsoever : and so much the rather , because the blood of such so murthered and destroyed , will t cry loud to god for exemplary vengeance , as naboth● did , 1. kings . 21. 10. to 25. and if he that only hateth his brother , be a murderer and hath not ●ternall life abiding in him . 1 john ▪ 3. 15. then certainly those who thus not only hate , but illegally destroy and execute their christian english brethren , yea s●ay their b●ethren in covenant , by thousands , with a rage reaching up to heaven , 2. chron. 28. 9. 13. must much more be bloody v murderers in gods accoutnt , and sha●● never inherit eternal life , unlesse they seriously repent and abandon all such barbarons cruelty , and new butcheries of men , which every heroick christian and true english spirit cannot but with highest indignation p●otest against , out of zeal to gods honor , his native countrys , hereditary liberties , his own and posterities safety , which i desire you to ●ay close unto your spirits , as you will answer the contrarie before christs tribunal at the last , upon the seasonable information and admonition of him , who hath suffered so much for his countries freedome , and would rather dye ten thousand de aths than see it ( after so much expence of treasure . blood in defence , of the for ecited laws , and publick freedome ) enthralled to such a strange new butchery and tyranny , as this ( and that in westminster hall it ●elf in the highest court of law and justice in former times ) under the monstrous contradictory title of high or highest iustice ; true only in the proverbs sence , * summum jus summa injuria . 2. if you have no particular charge or crime , for which by law you can thus restrain me ; that you will then immediatly enlarge me , without any limitations or conditions whatsoever ; and render me full dammages for my false imprisonments past ; and not thus mo●est and oppres●e me for the future , against all rules of iustice and piety . 3. that you will presently restore all my seised trunks , books , records , papers , writings , being most of them my own peculiar ; the rest the only x iustification and defence i have● , if ever i should be hereafter questioned for any treatises i have published concerning the late king , canterbury or others ( out of my s●ised originals or transcripts ) for the common good ; which certainly deserve a far more honourable reward , and gratefull requital , than such a violent publique search of my house , studies , seisure of my truncks , papers , by souldiers , and so long strict , chargeable a close imprisonment of my person , as i have sustained . 4ly . that , if you will still close imprison me against law & conscience , you will then either defray the charges of my imprisonment , or else cause the treasurers of bishops lands immediatly to pay me the 800 pounds salary due unto me as a contractor ( for which i never yet received one cue , and should never have desired any thing , but upon this extraordinary occasion of expence ) and the committee for your army , to pay me all such moneys , as are or shall be certified to be due unto me for free quartering of your souldiers , to help support me in prison , and defray those debts , which your present oppression , the losse of my calling thereby , and your illegal heavy taxes have contracted , in stead of receiving any recompense for my former illegal sufferings , damages , and manifold faithfull services for the publique , according to y former publique engagements and votes . and so expecting your undeferred positive answer to all these just demands , i shall till then remain , your over-oppressed close prisoner and captive , will. prynne , to mr. iohn bradshaw serjeant at law , and the rest of his assessors at whitehall , present these . dunster castle , octob. 30. 1650. to mr. iohn bradshaw , and his associates at whitehall , ( stiling themselves the the councel of state ) his imprisoners . the remonstrance of several grievances , and demands of common right by william prynne esq their 2 years and 3 moneths close prisoner under souldiers , in the remote castles of dunster , taunton , and pendennys in cornwall , before any legal accusation , examination , indictment , tryal , conviction , or objection of any particular crime after above 8 years former imprisonments , and unrecompensed great sufferings , losses for the publike and religion under their white-hall predecessors , and all his faithfull , unmercenary services for the publike laws , rights , privileges of the english nation shewing , that although he be a freeman of england , both by birthright , and dear-bought purchase , having a formerlysustained above 8 years imprisonments , and more heavy sufferings in his person , calling , estate , than any of this nation ; meerly for writing in defence of the ●ust laws , liberties , franchises of the land , and true protestant religion , in the worst of former times , against the invaders thereof , and spent the greatest part of his life and estate in painful studies , s●rvices , sufferings , duresses for the publike ( without the least recompence , reward , or self advantage ) our of a sincere publike spirit , unbiassed with private ends . and hath in all his relations , as a lawyer , magistrate , committee-man , member of parliament , of this kingdom , and a christian , diligently endeavoured b to keep a good conscience always in all things void of offence toward● god and men ; never to his knowledge perpetrating any crime , deserving bonds or close restraint , by any known law of this land , nor acting or writing any thing , but what his own deliberate judgement , science , conscience , clearly resolved him , to be agreeable to , and warranted by the sacred oracles of god , the principles of our reformed religion , the fundamental , common statute-laws , franchiscs of england , the resolutions , judgements , declarations of our ancient and late best parliaments , and c b●oks printed by their authority ; and those solemn , serious oaths , protestations , covenants , imposed on , and oft taken by him , by parliamentary authority ( which still lye as d immnutable , inviolable , divine obligations on his soul , till otherwise convinced of his total and final absolution from them , by the brutish arguments of the longest sword , and long , illegal , close imprisonments under sword-men ) in pursuance of his bounden duty to god , his lawfull superiour powers , and beloved native country , whose truest , greatest , weal , peace , settlement , he hath ever studied , advanced to his utmost power , by all christian , honourable , just and righteous means , though incountred therein with many discouragements , and ingrate requitals from most sorts of men . that although by the expresse provisions of the common law , the great charter of england , ch . 29. ( confirmed in about 40 several parliaments ) the statutes of 25 e. 1 ▪ c. 2. 28 e. 1. c. 1 , 2. 1 e. 3. c. 5. 5 e. 3. c. 8 , 9. 25 e. 3. c. 4. 28 e. 3. c. 3. 35 e. 3. rot . parl. n. 20. 37 e. 3. c. 18. 42 e. 3. c. 1 , 2 ▪ 3 ▪ & rot . parl. n. 42. 2 h. 4. rot . parl. n. 10. 4 h. 4. c. 13. 5 h. 4. c. 10. 23 h. 8. c. 2. the petition of right , 3. caroli . the act for in pressing souldiers 17. caroli , with sundry other statutes ; the e printed decl●rations , remonstrances , iudgements , votes of all our late parliaments , and the known rules of common iustice , no english freeman may or ought to be arrested , imprisoned , exiled , outlawed , or deprived of his liberty , freehold , writings , papers , members , life , franchises , without due processe of law , indictment or presentment by his lawfull peers , executed by f known , lawfull responsible sworn officers of justice ; after a legal accusation , examination , or conviction of ●ome partic●lar offence ; nor enforced to goe out of his own country , against his will , or imprisoned in any private or forein castles , but only in common usual prisons , under sworn gaeolers , without debarring free accesse of friends and letters to or from him , or searching his house , study , truncks , pock●ts for writings , letters , books , to pick out matter of accusation against him , or examining himself , or others ▪ ex officio , to that end , in an extrajudicial manner , before any legal charge exhibited ; nor yet translated from one unusual prison to another , without hearing , or bringing him to any just , lawfull tribunal , the next g general assizes or s●ssions held within the country , wherein he is imprisoned , or releasing him the next goal delivery , if not then indicted and legally prosecuted for what he is imprisoned . that albeit his former professed , oppressing enemies , the old councel table , star chamber , high commission , lords and prelates h ( condemned , suppressed , and some of them executed by most of your concurrent suffrages , as the greatest tyrants , the last parliament , for their extravagant , unjust censures , and some exorbitant proceedings against him and others ) were even then so candid and honourable towards him , at first ( though accused of pretended scandalous , seditious passages in his histriomastix against the king , queen , court , state , government , prelates ) as not violently to attach by troopers in the night , and close imprison him in remote unusual castles , without hearing , but only summoned him by a single n●armed , known , sworn messenger , to appear before them the next day , and upon his appearance charged him for writing a particular pretended offensive book , then produced and heard him concerning it , before they committed him ; and after sent him prisoner at large to their usual prison , the tower of london , under an honourable gardian , near his then residence , and friends , who with all others had free accesse to ▪ and conference with him , both in publike and private , without restraint , or any evesdroppers , appointed to over-hear their discourses with h●m , and supervise all letters , writings , papers to and from him ; which liberty he there enjoyed , even after his first severe sentence , till the second bill against him . and when after they caused his study and chamber to be searched , imployed only mr. noy , then the kings attorney , and two clerks of the councel ( responsible persons of eminency , learning , judge ment , able to judge of books , and writings fit for leisure , not rude illiterate souldiers ) in that service ; who never finally ransaked his pockets , nor seised any notes , writings , letters , books , not relating to his charge ; which they speedily prosecuted in a usual court of iustice , continuing him , even after their first sentence , a prisoner at large in the tower. after which they i exhibited a second bill against him , dr. bastwick , and mr. burton in star-chamber , concerning particular books thereto annexed , and heard them ( in a sat ) at the barre , before , they sentenced them to be kept close prisoners in remote castles , and upon their removals thither , gave them convenient notice , to provide necessaries , provided horses , coaches at the kings own cost , to carry them prisoners thither , and afterwards provisions and ships to transport them to jernsy , garnsey , and silly castles , promising to allow them competent diet , during their close restraints ( which the other two ordinarily received , and he but for 3 weeks only in the tower ) never placing armed c●nti●els day and night at their doors , dogging them at the heels , when ever they stirred out thence , but to suck in prisonair , or exonerate nature , during their closest restraints ; yet notwithstanding , such is his strange late unhappiness● , after all his pristine martyrdomes , and unmercenary eminent services for religion , laws , liberties , and his country , instead of receiving the least voted satisfaction for them ; as that by colour of several illegal warrants from you ( though for the most part his late professed christian friends and servants too in verbal complements , as he was really some of yours , and the publikes upon all occasions to his power ) issued under mr. b●andshaws hands , not to legal ▪ known , sworn , responsible , publike officers of justice ( as by our k laws they ought to be ) but to unknown , unusual , unsworn , obscure , ignorant souldiers ( unable to judge of scandalous or seditious writings , letters , papers , books , records , and never raised nor paid by the nation for such unlawfull empioyments , subverting all the foresaid laws , and subjects common liberties ▪ for whose real ( f ) defence they were first waged by the parliament , as violently to force and ransack mens houses , studies , papers , arrest , imprison their persons in private castles , now turned into common gaols , and they into gaolers ) his chamber , study , truncks at lincolns iune ▪ during his absence thence , by a party of souldiers ( to him yet unknown ) before the least summon● , accusation , examination , or objection of any special crime against him , on the 26 of june 1650. were forcibly searched , ransacked , and all his writings , papers , records , letters , truncks ( as he was informed ) carried away by them thence ( without giving any inventory of them ) to white-●all , with some printed books . a●ter which , on the 30 of that month , being the lords day , a strong party of hors● , near midnight , beset and forced his house at swainswick in somersetshire ( though he then openly resided , being never a fugitive , nor afraid to look any mortal or tribunal in the face all his life ) seised his person in his bed ▪ chamber , searched all his house , study , truncks , with his sisters and servants chests , & boxes for writings , papers , letters , records , books , taking away what they pleased ▪ and then bringing him prisoner to their quarters ▪ carryed him out of the way , through the whole city of bristol , as their prisoner , in the head of two troops in triumph , with trumpets sounding , like a transcendent malefactor ; after which they delivered him over to dragooners , who conveyed him clos● prisoner to dunster castle ; ( a garrison 50 miles from his house ) w●ere he and his servant attending him ( though he could get no provisions dressed in it ) were by your pretended orders , detained close prisoners , under armed guards , denied liberty to speak with any of their friends , or others , about any occasion , but in the presence and hearing of captious evesdroppers , observing every word they spake , or to receive or send any letters ( though to your selves , by their gardians own hands ) or read any books , but what they first perused and approved , who were there his supreme governours , being two late beardlesse apprentices , the one to a baker , the other to a cutl●r in london , understanding neither latin nor law ; nor able to write true english , yet one of them a constant chaplain to his souldiers ( who for the most part seldom resorted to any ordinances in publike , reviled our ministers , sacraments ; some of them openly asserting , by word * and writing , the mortality of mens soules , as being nought else but flesh , and dying with their bodies , with other erroneous arminian and iesuitical te●e●ts ) who most unchristianly debarred him and his servant from all gods publike ordinances , notwithstanding many fruitlesse complaints unto you for redresse of this m soul-murthering cruelty ▪ and so over-officious were they , as ( without and beyond your orders ) to keep a constant court of guard at his chamber door , to his great disturbance , and others there , to search , and six days imprison one of his servants , who brought him necessaries from his own only sister , meerly , for offering to her by his command , a copy of your order for his imprisonment , and of ▪ a letter to you for his enlargement , ( formerly perused , allowed , and sent to you by them ) for her satisfaction ; denying her afterwards ( when she had taken a long winter journey thither , only to visit him ) the least accesse unto him for an whole night and day ; and at last , upon her resolution to depart without sight of him , admitting her to visit him , upon this precedent promise and condition , not to stay with him above one quarter of an hour , though in their supervising , over-hearing presence ; albeit she was formerly admitted to him , without delay , scruple , evesdropper , and to continue with him many times , for sundry hours together , whiles he was close imprisoned in the tower , by the star-chamber lords and prelates . after which , ( upon their mis ▪ informations ) his laundresse mrs. carre in london , mr. george gear his sisters husband were both examined , and committed prisoners , and mr. george luttrel and his wife in dunste● castle strictly examined , upon special articles by your order , of purpose to sift out , post factum , some matter of accusation against him , to justifie these antecedent injurious proceedings ; and himself for the same end , was there sent for to be examined ex officio by collonel ▪ pyne ( his greatest causelesse enemy and prosecutor ) concerning things done , and * pamphlets printed in london , after his close imprisonment at dunster , which he never heard of , nor saw before ; to which revived prelatical , high-commission proceedings ( condemned in all ages , as unrighteous , tyrannical , and so lately damned in full parliament as such ) he refused to submit , for the reasons mentioned in his protestation , drawn up , and then promised to be sent unto you by iohn pyne his examiner . besides , his servant there attending him , was sollicited by some of your agents , not only to desert his service , but also to betray his secrets and him , souldiers there set , not only to listen at his door , windows , but to creep behind the hangings ▪ in his chamber , ( whereof they kept the key ) whiles he and his servant were at their private prayers , to pick matter from them to accuse him ▪ and not only his prison chamber , bed , bedding , cloaths , hangings , but even his very pockets were there forcibly searched by his armed * gardians , by pretext of your order , and the copies of his letters , in answer to theirs , with his very collections out of , and tables to the books he there read , violently taken away without restitution , notwithstanding his resistance , protestation , and reading of sundry n declarations of parliament there against it ; declaring such searches , not only against law , and the common liberty of every subject , which they might resist with force , but those to be publike enemies to the state , who attempted them : whereunto his gardians replyed , * they were commanded by you to do it ; and therefore must obey without dispute against thes● declarations : adding , that they must and would † kill , hang , or cut his throat ( though never ac●used , nor condemned of any offence ) if enjoyned by you so to doe , so well were they versed in the jesuites doctrine , and practise of blind obedience , and assassination too , upon all occasions ; of all which particulars , though he earnestly complained to all and sundry of you , by divers letters , yet he received not the least redresse : but was ( to mr. lutterils and the countries great charge and oppressing ) kept ▪ there still clōse prisoner in mr. * lutterils domestick castle lodgings , with 20 souldiers purposely to guard him sundry months after the castle walls and out-houses there demolished ( before any notice , or without the least ●atisfaction , given to the owner thereof ▪ mr. lutteril , damnified above 4000l . thereby to recompense his former 6000l . losses by the kings party , for his fidelity to the parliament , whom he served gratis as a collonel ) and the garrison thence removed by your specia● order ; which in law ▪ reversed your warrant for his imprisonment there , and set him free . after which on the 12 iune 1651. by a warrant from colonel desbrow , without any from you , to increase his expences and vexation , he was translated to taunton castle ( notwithstanding his protest against it , as being then set at liberty in point of law , by dunster castles dismantling , and that garrisons dissolution , to which only he was confined , and no prisoner to this collonel , nor subject to his military power , by any law he knew ) whither being brought close prisoner , he was for want of bedding ( which the governour could neither borrow nor hire in the town , so much did they detest his causelesse close imprisonment there ) mued up close prisoner in an inn over against the castle ( even when some collonels formerly in armes for the king were there set free ) with two souldiers to guard him , who had so much good manners , as not to permit captain georges ( though then a collonel of the county militia horse ) to see or speak with him in their presence , unlesse he would first seek out his governour at the castle , and gain his license ; two others of them having the like rudenesse at dunster castle , as to quarrel with and affront two devonshire gentlemen of quality ( there visiting mrs. lutterel their kinswoman ▪ only because one of them passing by your prisoner , as he was walking , moved his hat , and said , god blesse you sir , without the governours previou● licence ; and the other recited only a consolatory latin verse to him out of virgil , whereupon they saucily told him ; he ought to speake no word or language but what they understood , & should answer it to you if he did . and whereas he desired the governour at taunton , being very near the church , to permit him to goe to the publick ordinances there , he having no order to restrain him from them , or so much as to imprison him there from you ; he peremptorily refused it , whereupon he demanded leave to send a note to taunton church , to desire the prayers of that congregation from which he was debarred , to this effect ; mr. william prynne having for 12 moneths space last past , been totally deprived of , and debarred from gods publike ordinances ( which he enjoyed in his former close restraints ) and from free converse with men , without any particular cause yet declared to him for this his strict restraint , desires the publike and private prayers of this congregation ( whereto he is now denyed accesse ▪ ) for restitution to gods ordinances , and his just christian and civil liberty , after full ten yeans imprisonments and sufferings , for defence of our religion , and the laws and liberties of this kingdome and nation , which note he inclosed in a letter to his governour , proving it to be a chief part of christian liberty , and a gospel duty , for him to desire , and them to make their publick , private prayers to god for him in such a condition , by acts 10. 5. 12. rom. 15. 31 , 32. 2 cor. 1. 9 , 10 , 11. 2 thes . 3. 1 , 2. 2 tim. 1. 2 , 3. adding , that all the world , and his own conscience , would cry shame on , and condemn him , if he should now deny him the benefit thereof . upon which his governour was so surprized , that to prevent the infamy of stopping this note , or reading it publikely in the church if sent ; he ordered his lieutenant to accompany his prisoner to the congregation , with his two other guardians . about two weeks following , upon a bare information , that taunton was an unfit place for his restraint ( because he had some acquaintance , and good accommodations for soul and body there , and was nearer his friends than before ) though not unfit for collonels of that county , formerly in armes against the parliament , there lodged in innes and private houses , walking about the streets at pleasure , with one single soldier only to guard them ) he was about the 27 of june 1651. by your fresh warrant , upon few hours warning ( before he could procure a horse for his servant , or necessaries for so long and costly a journey ) ( notwithstanding his special open protestation against his transcendent vexation , and reading the late unanimous p votes of all the commons ( and most of your selves ) in parliament against it ( in his own aud his former fellow sufferers cases ) to his condnctors ) mounted against his will upon a troopers horse , without his servant , cloaths or linnen , by a party of captain warringtons troop , and by them carryed close prisoner that night to crediton in devonshire , and from thence by other fresh parties of other devonshire and cornish troops ( who were all generally very civil to him , some of them having formerly conducted him voluntarily towards london in his return thither from his pristine close restraints in ferein castles , and lamenting they were now forc'd against their wills , to conduct him to a new close prison , without an cause or crime at all expressed in their warrant ; ) he was on the 2 of iuly 1651. brought close prisoner to pendennis castle , near the extremest parts of cornwall ( 50 miles further than the star-chamber lords , by their last severest sentence sent q dr. bastwicke and him , whether his very trespassing beasts could not be driven by law ) being above one hundred and fifty miles from his house , near two hundred and fifty miles from his library , and usual residence at lincolns inne , out of all common roads ; where his kinred , friends , at such a vast distance can neither conveniently visit , send to , hear from , nor supply him with necessaries , where he can have no accommodation of books to read , nor of physick , physicians , or other conveniences in case of sicknesse , nor lodging fit for a gentleman , being for three months space imprisoned in a narrow chamber , newly made for him ( for want of other lodgings ) just over and besides the souldiers main guard ▪ from which it was severed only with a few thin borders ) where , by reason of the guards continuall noise , walking , talking , releasing , drumming , and the like , he could enjoy no rest nor sleep , day or night ; to the great impairing of his health , eye-sight , and interruption , not only of his studies , but meditations and private devotions . after which ( upon the enlargement of the cornish gentlemen , formerly in armes against the parliament , there secured ) he was removed to the best chamber the marshalsee there afforded , being but mean , low , small , and by reason of the natural situation of the place ( upon the top of an hill next the sea , near surrounding it , without any tree or other shelter ) is so exposed to winds , storms , tempests , driving the rain through the windows , tiles , chimney , and fire oft times out of the hearth ; and so subject to smoak , that the last tempestuous winter , his chamber was sundry times near over-flowen with water , and he forced to set therein many whole , wet , cold days and weeks together , without fire , and sometimes to extinguish it when kindled , lest the smoke should su●focate him ▪ or put out his eyes , ( it being so moist withall , that it presently moulds and rots , cloaths , books , shooes , vnguents , and other things ; and so dark in winter , and cloudy weather , that he can hardly see to read therein at mid-day ) by reason whereof his health hath not only been impeached , but his very life indangered , he having no place to walk within doors , and there being no walking without doors in wet and windy seasons , here very frequent . and whereas some of the cornish gentlemen here secured by your order for ▪ being colo●els and officers in the late kings army against the parliament , had so much liberty from captain charls shrubsoll ( deputy governour of the castle here under sir hardresse waller ) as in those pretended dangerous times of the feared scotish invasion , to repair home to their friends and houses only upon their pa●olls , to walk abroad out of the castle , both about their occasions , and for their recreations , to visit their fellow pris●ners in armes at st maurs castle ( who likewise oft repaired to visit them here ) and to consult together , and write letters concerning their enlargements , without any restraint ; which liberty ▪ i no ways envy or dislike ; yet such was his strange severity towards your prisoner ( though a constant servant , friend , adherent to , and member of the parliament ) as not only to place special m centinels at his door day and night ) who followed him with their matches lighted , musqusts at his heels , when ever he stirred out but to ease nature , or walk before his chamber door , in the view of other centinels and souldiers , though he had the marshal and his servant besides to guard him ) notwithstanding his protests against it ( being no prisoner of war ) as a new military oppression , innovation beyond your orders , and contrary to law , exposing him to the custody of as many new gaolers , every day , as there were fresh centinels , never imposed on him in the tower or other garrisons , whiles close imprisoned in them by the prelates , ( which yet he still continued ) but likewise to debarr him from repairing to the parish church to gods publike ordinances and sacraments , though there be no chapel nor minister in orders in the castle , but only private meetings in the store-house , where a chaplain never in orders , and sometimes soldiers pray and speak ( as they phrase it ) upon some scripture text , without reading or singing any psalm or chapter , or using any sacraments , ( and although this captain and most of his officers , seldome or never resort to these , nor yet to any other meetings , from which they withdraw themselves , as being either above or against all ordinances ) yet he would by no means permit this remonstrant to resort to gods publique ordinances at the parish church , contrary to the expresse word and meaning of your warrant for his removal hither ( occasioned by his forecited note to his governour at taunton ) to permit him liberty to repair to the publike ordinances of gods worship , if he shall desire it , which restraint he continued to his great spiritual prejudice , oppression , and discomfort , notwithstanding his often desires and expostulations too ( till captain cosens upon the receit of your late explanation in august last ) permitted him this liberty . and not content herewith , this shrubsoll peremptorily denied him liberty to send any letters to your selves , or other his friends in london , to demand his freedome , or procure his enlargement , or to complain to your selves of these his unparalleld injuries , even after his perusal of the laws , unlesse he would likewise first give him copies of them under his hand , and also trust him with their conveyance , when and by whom he pleased ; which restraint of letters ( beyond and against your orders ) this captain obstinately continuing above 8 moneths space , notwithstanding his remonstrants , several expostulations with him , and protests against it , as most injurious , unreas●nable and tyrannical , never formerly imposed on himself , or other prisoners , by any gardians of late , nor yet antiently on the prophet n ieremiah himself , when imprisoned under impious k. zedechia , as a traytor to him and his kingdom , wh● writ and sent abroad his prophecies against the● in his very prison , and n●w writ and disp●sed them abroad again , with many additions , when bu●nt by the king , without such restraint● ; nor yet on st. paul by the bloodiest pagan tyrant nero in heathen rome it self , when sent prisoner thither , and publiquely accused by all the elders and high priests , for a o pestilent fellow , and mover of sedivion throughout the world , &c. who p writ most of his sacred epistles to whole churches , and particular persons in , and sent them by his own friends and sp●●ial messengers from his prison in rome , without his ke●p●rs supervisal , or demand of their copies , trusting him alone to send them at his pleasure ; no● yet by the cruel pagan emperour domitian the persecutor on st. iohn , when confined by him to the q isle of patmos , from whence he writ , if not his 3 canonical epistles , and gosple ▪ too , yet his apocalyps and 7 epistles to the 7 churches of asia , and sent them by his own messengers , without any perusal or restraint by his heathen gardians , ( a tyrannical project ▪ which would have suppressed a great part of the sacred scripture , if then in use , as now of late ) nor yet imposed by the last parliament on strafford , canterbury , or any others , when impeached , condemned for high treason , nor on the vilest felo●s in our common gaols , nor the very gally-slaves in turky , who ever usually freely write and send letters thence to their friends , to ransome and enlarge them thence ; upon which considerations , he told him , he would rather die in prison ▪ than submit to this his worse than turkish vassalage : thereupon after so long a fruitlesse patience , this remonstrant was necessitated for his relief herein , without this tyrants privity to use meanes to convey a letter to sir iames harrington ( one of your society ) formerly , twice perused , and stopped by this captain , gardian , upon the termes forementioned , to demand his liberty , or removal hence from u●der the power of such an oppressing gardian , who not only sta●d his perused letters , and detained him , from gods ordinances against your orders ; but denyed him leave so much as once to go with the marshall into the castle fields to gather herbs , which ▪ others ●new not , to make ▪ salves and medicaments for lame impoten● souldiers of the garr●son , and other poor people , out of meer charity , and debarred sundry lame diseased people of this county ( where is neither skilfull physitian nor chirurgion near , that could or would help them ) and amongst others , two poor eisher-men kept near 5 years gally-slaves in turkey , lately returned thence with dangerous vlcers in their eys , the least accesse unto him even with a guard , to dresse or direct them how to cure their maladies , to their great grief , only because ( as he afterwards pretended ) they had not taken the engagement , though never in actuall arms. a more then turkish bar●arisme , not only against the expresse r precepts , presidents of the gospel , the rules of common charity , humanity , but the very laws of god , of natnre , of nations , and war it self ; which oblige all men to s feed , dresse , cure , and suffer to be fed , dressed , cured the very peirced wounds of strangers , of t●eir professed enemies taken in open battell in the field , and make them liable to severe punishments if they neglect or refuse it ( for which sir. iohn owen was of late criminally questioned for his life : ) much more then was he obliged to permit poor english christian ▪ neighbours , and late turky captives , wounds , and vlcers ( never in arms ) to be dressed by a charitable prisoner ; seeing the very pagan roman centurion , who carried st. paul prisoner to rome , gave him both free libertie and encouragement in his voyage thither , to t to cure publius father , and all others diseased peopl● in the isle of melita , who frely resorted to him , and afterwards in rome it self , without restraining them or him from so charitable a work , and the very samaritan commended in the gosple by christ himself , v who went about doing good , healing all diseases of the ungratefull people in all places ; and x healed malchus his ear , who came out to take him , whiles a prisoner under the high pr●ests officers and souldiers , ( for our christian imitation ●n like cases ) did so farr compassionate the man wounded and left half dead ●y thieves in the high way ( though a meer stranger to him of author nation , ) as to go to him , bind his wou●ds , powring oyl & wine into them , set him , on his own beast , bring him to his inne , take care of him , and pay for his expences and cure , whose example is thus backed with christs own gosple-precept to every one of his followers and others , goe , and do thov likewise . luke 10. 29. to 38. which presidents and scriptures though urged to this barbarian , could not prevail on his stony heart for his admission to him for their cure ; nor yet for engagers themselves with out speciall officers and souldiers , beside the marshall appointed to supervise his dressing of and directions to them ; as if this his very charity and compassion to p●●r y distressed people , he never knew nor saw before , might prove treasonable and destructive to your free estates . sir iames harrington receiving this letter , & information , and moving you on this remonstrants behalf , acquainted his friend who delivered it ; you all declared , that he had free liberty of the castle granted him , and of letters to and from him , without restraint , who writing him word of the delivery of his letter to sir james , and this his answer thereunto , this governour upon perusall of the letter ( first brought to him ) instead of taking off these his former injurious restraints , like an inhuman procrustes , reinforsed them all with greater severity , and withall commanded the marshall forth with under pain of forfeiting his place , to lock your remonstrant up close prisoner in his chamber , ( which was never done before , ) besides a centinell always placed at his door , to keep all officers , souldiers of the castle , as well as others , from him ; and not to permit him to stir out of his chamber with a centinell but in his company , or speak with any but in his presence ; which being accordingly executed with all rigour , the remonstrant thereupon first by letters , and afterwards by discourse before officers , expostulated with him concerning this new oppression , as not only against your former warrants , which ●ad not the words ▪ close imprisonment , much lesse in his chamber , z in them , as the order for his close imprisonment under the old ●ouncel table lords had ) but as an high contempt of your authority , and new declaration ●ignifi●d by sir james , desiring him , either presently to right him therein himself , or to give him leave to compl●in thereof to you by writing ; whereunto he replyed , he would not take off these new nor the former restraints , but if he would complain thereof to you , and state the matter of fact truly ●y writing , he would not only f●eely send , but assist it too : which he doing accordingly , and directing it to sir iames to communicate to you , on his be●alf , sent the draught thereof to him by the marsh●l , to peruse and rectifie , if m●staken in any thing ; a●d then to send it away according to his prom●s ; who after persual thereof , peremptorily refu●ed , either to send , correct , except against , or restore it ; stopping his other letters to sir iames ( though twice alterd to his mind ) complaining of this miscariage , & intreating him , to certifie under his hand , whether he used any such words or declaration to his friend or no , as aforementioned ; he having in a bravado , to palliate this his tyranny , laid 5l . to 12 d. with the prisoner ( who delivered him 12d . in the presence of his officers , which he was to make 5 l. in money , if such words were used ) ●hat sir ja. never spake such words to his f●i nd as were contained in his letter , promising to give him leave to write to sir james and his friend to that end ; and yet staying his letters to both , when written , and denying either to alter them , or write himself to that purpose , or restore the 12 d. received , or to draw up the differences himself , and present them to you ; continuing him thus above 6 weeks prisoner under lock and key , in his close littl● chamber , to the great impairing of his health , ( so as his appetite and digestion was quite lost for several weeks , insomuch that he could not eat or ●igest the leg or wing of a chicken , nor any meat else but a little broth ) and leaving him ( so remote from his friends ) in this sad condition , destitute of all means of complaint or relief herein , till captain cosens deputy governour in his absence ( using him more civilly like a gentleman ) since shrubsols occasions drew him hence to london , enlarged him from this close restraint , to enjoy the freedome of the castle , the purity of gods publick ordinances , and sending of letters , when first approved by himself , such a ward and school boy is he , yet to this very hour , under your free-state , even after the court of wards quite voted down . and whereas all collonels and gentlemen heretofore in actual arms against the parliament here , or elsewhere , secured ( in their proper counties only , not in foraign ) in the late times of danger , were a full year since enlarged from their far more favourable restraints than his , by your general order , and many theeves , felons , legally deserving death , both pardoned and set free , without any petitions to you from them ; and not only diverse popish recusants in a●mes , but some popish pr●ests and jesuites , imprisoned before your government , absolutely released under it , yea exempted from the very oaths of supremacy and allegiance a ( specially provided , prescribed by the wisdom of many pious parliaments , for the detection and prevention of their manifold treasonable practices against our realms , princes , parliaments , government , laws , liberties and religion ) from some if not all old penal laws , formerly made , and those b 5 new excellent bills and oaths of abjuration ▪ for their better , speedier discovery , a●d suppression , so c earnestly pressed by our late zealous parliaments , and consented too by the late king ( so d much taxed by you for indulgence towards them ) in the last treaty without scruple , yet since quite buried with ●im in oblivion , and some of them ( unwittingly , as is conceived ) entertained as troopers , souldiers in pay in your very guards , for want of such strict inquiries after them , and such meanes to prevent their coming over , and to detect them as formerly ; and not one of them ( for oug●t he can hear ) close imprisoned ( if imprisoned at all ) in remote castles , under such guards , centinels , restraints , as his forementioned ; though in e near one hundred printed declarations of parliament ▪ remonstrated to the world , to be the original contrivers , the chief incendiaries , fomentors , promoters of the first late warres between scotland and england , and the late king and parliament , of purpose thereby to subvert the protestant religion both at home and ab●oad , destroy that last , and all future parliaments , our lawes , liberties , and former setled government , and introduce popery , anarchy , slavery and military tyr●●y in their pl●c●s : whereupon they are grown so audacious , as not only secretly to infuse their jesuitical tenents , pract●ces , poli●icks of most dangerous consequence ( expr●ssed in sundry former f acts of p●rliament purposely enacted to prevent them ) into the souldiery a●d pe●ple ▪ now much infected with them , but likewise by their instruments , to translate , print and vend publiquely , throughout the nation ( without inhibition or punishment ) their jesuitical books even in folio ; professedly ass●rting , both th● popes sup●emacy , pra●ing to saints and angels , purgatory , masse , transubstantiation , and all other points of grossest popery for undoubted truths necessary to salvation , and also positively maintaining our true protestant religion to be grosse heresie , and our late famous queen elizabeth , with all true professors thereof , to be damnable hereticks : witnesse the jesuite edmond causin his holy court , printed in several folio tomes in london it self ( translated into english by papists , jesui●es , and dedicated to the two greatest female papists ▪ queen mary , and the dutchesse of buckingham ) sold publikely under your noses , and elsewhere , with the very jesuites badge s. i. ( s●cietatis iesis ) in capitals , in the title page ; and this bold subscription , printed at london by william bently , anno 1650. ( since his close imprisonment by you ) and are to be sold by iohn williams in pauls churchyard ; where all these popish tenents are largely maintained , to the great scandal and offence of all true protestants , as you may read at leisure ▪ tom. 1. p. 30 to 38 ▪ 63 , 64 , 68 , 74 , 75 ▪ tom. 2. p. 168. tom. 3. p. 425 to 430. 461 , 462. tom. 5. p. 173 , 174. 304 to 319 the angel of peace to all christian princes , p. 10 , 11 , and elsewhere ; to omit all other iesui●ical , arminian , popish erroneous books against our religion , now publikely written , printed , vended * ( by thousands ) under you with impunity , though so lately charged , pressed by the whole house of commons * against canterbury as an article of high treason , for which amongst others he lost his head , by iudgement of parliament , and your own concurrent votes and approbations . yet he who out of pure love , zeal to his god , true religion , country , parliaments , hath constantly stuck unto , and written most of any man in times of greatest need and danger , in defence of the just g power , rights , privileges of our true english parliaments and nation against all opponents ; against all late introduced h arminian , i popish , iesuitical errours , doctrines , ceremonies , innovations , books , and made the first , the fullest discoveries of and oppositions in print of any man ( with no little pains ▪ cost , losse , danger ) against their manifold dangerous books , practices , plots , conspiracies to undermine our religion , parliaments , laws , liberties , government , and involve all protestant kingdoms , states , churches , in bloody intestine wars , to their own mutual destruction , but these iesuites insultation , exul●ation , and that by approbation , authority of parliament , and most of your applauses ; and hath particularly informed some of you by letters , since his restraints , of admired indulgences towards priests , ●esuites ; of one particular noted iesuite ( who for a fortnights space together disputed with a friend of his at st. omers , with 5 other iesuites more , about august 1649 , since listed a trooper ) in your guards , and of this late printed iesuites folio book , without any reformation or suppression of either , upon his complaints thereof ; during this their licentious liberty and freedom ( to their grand rejoycing advantage , and the great grief , offence , of most really affected to our religion , or the publike weal ) without any cause , hearing , or release , must be shut up and continued close prisoner by you , year after year , and sent from one remote castle to another ▪ remoter and worser than it , and there kept under strictest guards , centinels restraints , and most injurious duresses , as aforesaid , without any hopes of release ; notwithstanding his manifold letters and addresses to you joyntly and severally ( in such a way as becomes him , though not by unworthy complyances in submission to the self-created new powers and titles ) complaining of these fore-remonstrated proceedings , searches , imprisonments , translations and restraints in forraign counties , castles , under souldiers , without any precedent indictment , tryal and crime yet specified , and undeniably manifesting them to you , to be co●trary to all laws of god , nature , nations , the common l●w and great charter of england , and other forecited known statute● , iudgement● , declarations , resolutions , r●monstrances , of all our late parliaments , the expresse k votes and resolves of both houses of parliament , in his own late particular case and others ; the indubitable birthright , franchises of eve y english freeman ; of very dangerous president , conseq●ence to posterity , and in sundry respects far more exorbitantly unrighteous than his former grievances and imprisonments under the worst of your discarded , condemned , decapitated predecessors at whitehall ; as your own judgements , consciences , upon perus●l hereof , cannot but acknowledge , before all tribunals of god and man. and although he hath hereupon earnestly pressed you joyntly and severally from time to time , both by letters and friends , for his own and the worlds satisfaction , to specifie the true cause of these your rigorous , anomolous proceedings , and wrongfull long restraints ( inconsistent with your manifold printed * protests , for advancing every m●ns publike liberty , and abandoning all approaches towards abolished pristine tyranny ) and if it be only for difference in iudgement and conscience from you , concerning our late publique charges and affairs ( the dangerous bloody consequences whereof since experimentally verified , he truly predicted in his printed speech in parliament , and other writings , not then credited by you ) as he and others conjecture ; that then he , and those of his opinion , being the far greatest part of the late undoubted parliament and english nation , and having by all laws of god and men , as just , as true , as real , full , large ( if not l larger ) an interest in the republike , as those in greatest present power , and all others of a different perswasion , being all m equally english freemen and peers herein , with you and them may not be prejudged , convinced , without a free legal publike hearing , by meer tyrannical violent iron arguments and prisons alone , as hitherto we have been , but that you would like rational men pious christians , a●sertors of liberty of conscience and common freedom , admit him , for his own and their conviction and satisfaction ( it mistaken or erronious in our judgements or consciences ) to debate these our d●fferences of highest publike concernment , in a free publike manner , by word or writing , in point of divinity , law , reason , and true sta●e-policy , with all or any of the ablest divines , lawyers , scholars , statesmen of a different judgement from him , or else quietly to enjoy and follow the d ctates of his own resolved conscience and iudgement therein , without molestation , in this age , when not only liberty but licentiousnesse of conscience , in the chiefest principles of religion , and most other thin gs , are so much practised and patronised : or , if it be any real transcendent crime against any known law of the land , deserving such severities before hearing or tryal , or a capital punishment after them ( whereof he believeth himself really innocent in the impartial verdict of your own consciences ) that then you would of common right and iustice , according to magna charta , and other forecited laws , without further delay or denial , bring him to a lawfull fair publike tryal , by his lawful peers and legal iudges , in some usual court of iustic● , before all the world , where he might openly make his full defence against your charge ; and thereupon be either justly condem ed , if guilty ; or immediately enlarged , repaired for all his forementioned injurious sufferings , imprisonments , and his dammages thereby sustained , if found guiltlesse ; or else absolutely released ( as well as imprisoned by you ) without tryal , and repaired by his yet unknown clandestine malitious accusers , if you have no such real actual crime to charge against him ; or , if neither of these might be granted under your free-state , never yet denyed any english freeman under the greatest former regal tyranny ; that then you would either permit him free liberty to transport himself into some strange foraign climate , if unworthy to breath freely in his own native country , after all his unrecompensed faithfull eminent services , losses , sufferings for it , where he hopes to find better usage , and more freedom , iustice , amidst meer strangers and foraigners , than he had yet enjoyed under professed popish prelatical enemies heretofore , or pretended late christian reall friends in power since ; or otherwise , if you are resolved to wear out the short remainder of his expiring life in remote obscure prisons with●ut tryal or hearing , of purpose to hinder him from doing the church of god or his native country any further service in this world , when others are acting so much mischief and treason against them both ; that then , according to iustice and ancient practice under our kings , you would afford him a competent allowance of diet , in some more convenient usual prison than this , where he might have all fitting accommodations in health and sicknesse : or otherwise forthwith pay him the 800l . publike debt long due unto him as a contractor ( for which he never yet received one farthing , though he thereby lost and expended many pounds , besides his pains ) or order him some of his voted dammages to be paid him by his former unrighteous censurers sitting amongst you , to help defray his debts , and extraordinary prison expences , having exhausted his private estate for the publike , and to defray his extraordinary prison expences , and lost the practice of his very calling , to support him , by your strict duresses ; and albeit his only sister ( out of her natural affection to him , without his privity ) hath thrice humbly petitioned you ( as he hath heard ) and others of his friends oft earnestly sollicited and petitioned you on his behalf to the like effect ; yet hitherto ( such is his unhappinesse , or rather your hard-heartednesse , as some esteem it ) that he and they could never hitherto receive the least satisfactory answer , to all or any of these his just demands , being still continued a close prisoner by you , in sundry respects , in this remote incommodious castle ; yea that which adds exceedingly to the transcendency of your in ustice , oppression , and tyranny towards him , is this ; that instead of enlarging , relieving , or answering his sisters late petitions to you in his behalf , you have very lately ( as he is credibly informed ) voted him out of his poor recordership of the city of bath , to which he was about 5 years since ( without his privity or sollicitation , freely elected by the unanimous vote of the whole city ) and by two several letters under all the aldermens and mayors hands importuned to accept it , er● he would imbrace it and that on no other ground or cause , but only because you have so long imprisoned him against all law , without any cause yet expressed , before the least hearing or complaint , against the expresse letter of magna cha ta and other fundamental laws ; and that upon the motive of one of your whitehall members ( his pretended great friend and servant ) then in the chair who by his letter in your names writ to the city to elect a new recorder in his place , being disabled to execute it by your imprisonment of him and withall particularly recommending his own son in-law iames ash ( a westminster memb●r ) to the office which being seconded by his own fathers sollicitation ( another sitting member , his near neighbour ) thereupon he was without any justice , hearing , or other cause or tryal , contrary to the great charter , petition of right , and all rules of iustice , outed of his recordship , his 4 years salary of x ls . per annum then in arrear detained from him ( and never since paid him by the city ) and this other member intruded into his place su●h is your new free-state whitehall transcendent iustice ( worthy to be registred for your honour to all posterity ) towards this remonstrant ( instead of recompencing his former voted dammages , losses , services for the publick ) to his extraordinary prejudice and oppression , the exceeding grief of his kinred , friends , and most religious truly publique spirited men ; to the great rejoycing of his iesuitical and prelatical malignant enemies , and no great honour to your iustice or government ; and that only ( as most conjecture ) in imitation of the n prelates heretofore , of purpose to disable and ●inder him from writing or publishing any thing more in defence or vindication of our endangered , invaded religion , government , laws , liberties , franchises , properties , freeholds , lives , against the manifold new encrochments on them , and subversions of them under pretext of their support : or making any fr●sh discoveries of the jesuites , papists and their confederates , various plots and practises ( now very rife and visible ) to undermine them ; and engage our own and all other protestant kingdomes , states , churches in destru ctiveunreconcilable wars and differences , agreeth either to their mutuall and the protestants religions ruine or to countermine these their designes , ( as he hath done formerly to his power ) or else ( as others conceive ) to force him by tedious uncomfortable imprisonments , and extreame penury to turn a practicall apostate and perjured abjurer of all his former orthodox loyall principles , writings , books , oaths , covenants , protestations concerning king , kingdome , lawes , liberties , properties , taxes , parliaments , government , o lords hereditary just right to sit , vote , judge in our parliaments as peers , and thereby to verifie all the prelates malicious p aspersions upon all puritans in generall , and himself in particular , in their two late star-chamber bils and speeches there exhibited against him , and render him really guilty of beheaded canterburies treasons in an higher degree then he , ( after his injoyned printing and publication of his ; ; ; ; ; ; q charge , tryall and condemnation for them , by the commons house speciall order ) to his eternall infamy here , and damnation hereafter ; neither of which , through the assistance of heaven , no prisons , tortures , powers on earth , shall ever compell or perswade him to do ; or in case of his resolved non-compliance herein , under seigned machivilian pretexts of his wilfull obstinacy , and contempt of your new-created authority ( whose legality it must be no lesse then high treason , for him to dispute in law or conscience , being now as absolutely to be submitted to by all men as the popes it self in rome , by an implicit faith , and blinde obedience ) even to r break his heart with grief , if possible , by depriving him of the comfort of his friends , kindred , books , calling , all free converse with men by letters or conference , all publick trusts , and private usefull imployments , to passe ▪ away his solitary houres , laying him quite aside , like a ▪ ſ broken uselesse vessell , restraining him under strictest gards , as the most dangerous enemy , instrument to his countries weal , after all his reall losses , studies , sufferings , for its benefit ; whose truest welfare he hath ever cordially studied to his private prejudice , ( whiles others under pretext thereof , have t wholly sought their own particular emoluments , to its irreparable dammage , if vox populi be truth ) and by such ingratefull usage , ill requitals of all his former merits , by his very late pretended u friends , to hasten his passage from these strong earthly purgatives to a better world . or else if this plot prevail not , through gods x supporting power , as hither it hath not ; to starve or kill him outright in forain incommodious prisons , for want of legall matter or proof , to take away his head , after your whitehall predecessors double cropping off his ears , as some of his friends conceive : you having of late refused ( as he is informed ) to receive any more petitions in his behalfe , from his own sister or any others , or to release or remove him from his ill winter prison ; or to pay his publick debt , allow him diet , or do him any common right , or justice ; ( which though due y ex officio mero from all kings , powers , governments , magistrates whatsoever ; by the z lawes of god , nature , nations , and oaths to their meanest subjects ; and particularly by our own kings , judges , justices , and great officers ▪ usuall a oathes ; the great charters and other statutes resolutions , to every english freeman ) upon their respective demands of , or motions for it , ( yea upon bare information from others b without any suit or motion by , for , or from the oppressed , injured parties , ( in such cases as his is ) without any formall petition to them for it , as the c formes of most legall writs ( sued forth of course ) and most plaints and declarations manifest ; every reall demand of right by word or writing being in truth , a reall petition for it ( and every petition of right but a more bashfull demand thereof ) as all d dictionaries in the words , peto , petitio ; the usuall law phrases e petere debitum , petere judicium , &c. the ordinary motions of the councell or parties in all our courts of justice , for law or right , without written or verball petitions for them ; and the f scripture it self resolve ) yet such is your unparalleld injustice toward him that unlesse he will present a submissive petition to you , after the new mode ( wherewith he is unacquainted ) subscribed with his own hand , you will neither release nor right him in any kind . which , as it seems very strange unto him , he desiring not meer grace or mercy from you , but only common known right and justice against undeniable oppressions by your selves and instruments ; so all his former letters and his friends addresses to you , being reall , legall , though not formall petitions for right and justice ( yet denied him ) and formall petitions even for right it self by the resolution of our g law-books , the records of our ancient parliaments , and late petition of right ; petitions of this nature being originally due to our english kings alone , as their unseparable regall prerogative ; not to any subjects whatsoever , nor yet to the very house of lords , commons , or any other courts of justice , councell , judges , justices , great officers or grandees whatsoever , being no king but subjects ; which anciently were but the inferiour peoples hands , or masters of requests to h receive and present their formall petitions to our kings both in and out of parliament ; and had no other bils of parliaments , but meer petitions of right or grace to the king , whose i royall answer to them ( by way of concession ) made them acts , lawes , and his disassent meer nullities , as our old parliament records , and the late petition of right 3. caroli , resolve . which transcendent prerogative of our kings alone , by law ( of meer right , incommunicable to any other subjects ) he hopes you will not now arrogate to your selves , by enforcing him through duresse to a formall submissive petition to you as his soveraignes , before you will enlarge , or do him common right or justice , having both abolished , and publickly engaged your selves , and also others to your power against kings and kingship , as tyrannicall , and overmajesticall ; and with them ( as he conceives ) both exploded and engaged against this their sublime prerogative of suing only by petition even for common right ; and that you will not still detain him close prisoner upon this account alone , for not suing to you by petition , for what is due to him , ex officio mero , as his k birthright without any suit at all , by all laws of god and the land , before any new law or statute made justly intitling you to this old regall preheminence . the rather , because the heathen magistrates of philippi , when upon the peoples bare accusation of paul and silas , as l disturbers of their city , and teachers of customes contrary to their government , had taken and cast them into prison , and commanded the jaylor to keep them safely , without any legall indictment or tryal , but for one single night , were so just and reasonable , as the very next morning ( without their petitioning for liberty ) to send their sergeants voluntarily to the prison to release and tell them , that they might depart their city in peace : and when as paul ( like a true magnanimous christian , carefull to preserve his own liberty , yea and all the romans too invaded by this injurious proceeding ) thereupon replyed thus to their sergeants ; they have beaten us openly , being romans and uncondemned , and cast us into prison ; and now do they thrust us out privately ? ( without reparation of this our indignity and shamefull usage ) nay verily , but let them come themselves aud fetch us out ( with honour and confession of their injustice , as they have cast us in with shame ) whereupon the sergeants relating his words to these magistrates they m feared , when they heard they were romans ; and in stead of expecting a petition from them , by reason of their high magistraticall authority , they came presently to the prison , and besought ( or petitioned them ( to pardon and passe by this great injustice ) and brought them out of prison , and desired ( not imperiously commanded ) them to depart out of the city . and hereupon they went out of the prison , and entred into the house of lydia , visited and comforted the brethren there , and then departed , act. 16. 12 , to the end . and should not you then who professe your selves saints of the highest forme , after your injurious searches , apprehensions and other indignities offered to an english freeman , parliament-man , an eminent servant too , and martyr for the publick , a christian , a patron of religion , a bencher of an inne of court ( as honorable in each respect as any ancient roman , and as much priviledged by our lawes ) and that not for one night onely , but two whole years and three months close imprisonment of him , even under stricter gards then they , in three severall garisons , now incite and engage you voluntarily to send your officers hither , then enforce him to send to you , to set him free ; and because you have so much oppressed him , being better then a meer roman , and so long cast him into prison unheard and uncondemned , that you should not now privily release , nor extort an unworthy petition from him before you set him free ; but out of a conscientious consideration of your apparent injuries and injustice to him , and a true christian fear of a strict account for it both to god and man , if unrepented or unrepaired by you , imitate these heathen philippian magistrates ( whose president is recorded in the very gospell for this end ) and now at last come your selves in person , and in stead of expecting his petition to you ( who have done him so much injury , and more invaded the whole — english nations , priviledges , liberties in his unrighteous sufferings under you , then the philippians did the romans or st. paul under them ) beseech and petition him to pardon and not to persecute these your illegall extravagances , upon your unfeigned sorrow for , and publick acknowledgement and reparation of them , and then to bring him out of his present prison , with as much publick joy and honour into london , as he was formerly brought in thither by some of your selves , and n thousands more from his long close imprisonment by your lordly whitehall predecessors , to all honest mens rejoycing , and the whole discontented nations satisfaction , as well now as then , and reparation of all violations of their common rights and liberties by the dangerous president of his late restraints , your yet unrevoked , uncancelled illegall warrants , deserving as heavy a parliamentary censure of condemnation , as any of your predecessors illegall warrants and sentences against him , unanimously condemned , and for ever vacated , as repugnant to the forecited lawes , statutes , and destructive to the subjects common liberty by the o votes of all the commons house , and concurrent judgement of the house of lords . upon serious consideration whereof , as he cannot in prudence or conscience , submit to any such extorted petition to you , as you by plain duresse ( against law and justice ) would enforce from him , to the betraying of his own and the whole nations franchises and birth-rights , by so ill a president , so being injuriously deprived of all other legall means of p relief , by habeas corpus , or other writ or action of law , of which common inherent q birthright of all english freemen , he and all conscientious non-engagers , ( after all their late losses , sufferings , writings , fightings , expences of their ▪ estates , treasures , blood , fasts , prayers , and still continued incessant heavy contributions for the pretended just preservation and defence thereof , by a new invented monstrous premunire ( transcending , in his judgement ▪ all unrighteous acts , edicts , encroachments of regall tyranny and injustice upon the peoples rights and franchises by behead●d king charles , or any other of our english kings ) are most wrongfully disinherited , and of the benefit , protection of all our lawes in all courts of justice , at one blow by you and others in power ; against the expresse letter of magna charta ; the petition of right ( assented to and ratified even by decapitated king charles himself ) the usuall oaths of all our kings , judges , justices , chancellers and great officers heretofore , the late solemn protestation , vow , covenant ; all printed declarations and ordinances ( concerning the army or monies ) the last parliament , your own remonstrance for altering our kingly government into a free state , march 17. 1648. and sundry other your publications since ; and that without any hearing , tryall , crime , conviction or just forfeiture thereof upon record ; as if he and they were now meer alien enemies in their native countrie ; new villains in grosse , or regardant only to you their fellow subjects in present power , even in your new-erected free state , though never such to or under their cashiered kings . whereupon he is now necessitated , for regaining , preserving his own , and all other freeborn englishmens just rights and liberties ( transcendently violated by these his illegalrestraints , who hath written , suffered most of any man for their maintenance , which otherwise might and would be made a leading president to oppresse all or any others in the self same kind ) by way of finall addresse , to present unto you , this large remonstrance of his severall successive grievances , illegall restraints , close imprisonments , pressures under you and your officers ; ( the only legall , reall petition you can in justice expect from him ) whereby he doth ( after his full two years and three months forementiond illegal close imprisonments and pressures under you , before any legall indictment , tryall or crime objected against him ) once more joyntly and severally demand from you and every of you of meer common right and justice , without any further deniall or delay , his absolute freedome and enlargement from all his present restraints , with full undelayed reparations for all his dammages , losses , expences sustained thereby , and by all other his remonstrated injuries from the authors and instruments of them , according to all the forecited lawes , statutes , oathes , protestations , vowes , covenants , declarations , remonstrances , and your bounden duty by gods own sacred edicts : and that he having already wasted above ten whole years of his short expired life in ten severall prisons , only for his free unmercenary defence of publick liberty , lawes and religion , out of pure conscience , zeal , duty , he may be no longer enforced without guilt or tryall ( upon any carnall state policies , or old r exploded whitehall pretences of necessity , danger or publick safety ( the damned pleas for his former illegall close imprisonments , sufferings , exile , and his present likewise ) to consume the short remainder of his declining dayes , ( like a t lighted candle under a bushell , or u a dead man out of minde , in obscure prisons , at farthest distance from his friends , where he can neither enjoy their sweet society , nor serve his god , his countrey or private family with that freedome and improvement of his talents for their best advantage , as he doth desire ; nor any longer detained prisoner under the custody of such martiall gardians , who are for the most part professed enemies both to our lawes , lawyers , ministers , ministry , gods publick ordinances , sacraments , churches , chappels , glebes , tithes , and whatever else the piety or bounty of former times hath devoted to the maintenance of gods worship , religion or learning ; and therein to our religion and learning it self , under a pretence of transcendent sanctity , and a new monstrous kind of zeal , to reforme religion , propogate the gospell , and support true preachers of it , by the readiest unrighteous , sacrilegious , irreligious wayes that the jesuites or worst enemies of the gospell could invent , eternally to extirpate it and all true ministers of it , now as violently and publickly , impiously pursued by them and some other army officers ; contrary to the pious practises and sacred presidents , of all godly martiall kings , generals , colonels , captains of thousands , hundreds , and armies , recorded by god himself in the old and new testament ; who were so enamoured , ravished and eaten up with the love , zeal , beduty of gods house , temple , tabernacle , sanctuary , publick ordinances , worship , priests , ministers , so carefull to frequent , maintain , advance , encourage them , that they chearfully and bountifully contributed , not only the tithes , first-fruites , and oblations of all their estates ; but the very tenths of all their spoiles , with all the pretious stones , jewels , ear rings , rings , chaines , bracelets , tablets , vessels of gold and silver , treasures , brasse and iron taken in the wa●s , to the building , adorning , repairing of magnificent tabernables , temples , houses , synagogues , churches devoted to gods publick service , and maintaining of gods publick worship , ministers , priests , levites and other officers attending thereupon in these publick edifices , to which they joyfully , constantly and zealously resorted , without separation from them : as gen. 14. 20. exod. 35. 20 , — 30. ch. 38. 1 , — 10. numb . 31. 28 ▪ — 54. 2 sam. 8. 10 , 11 , 12. 1 chron. 21. throughout . ch. 26. 26 , 27 , 28. ( a memorable text ) ch. 29. 1 , — 10. 2 chron. 15. 11. luk. 7. 1 , 5 , 6. heb. 7. 4 , 6. psal . 5. 7. & 21. 6. & 26. 8. & 27. 4. & 36. 8. & 42. 4. & 52. 8. & 55. 14. & 65. 4. & 66. 13. & 69. 9. & 84. throughout . & 42. 1 , 2. & 116. 13. & 102. 1 , 9. & 134. 1. & 135. 1. isa . 2. 2 , 3. mich. 4. 1 , 2. joh. 2. 16 , 17 , 18 , 20. luk. 2. 27 , 37. ch. 20. 1. ch. 24. 53. act. 2. 46. ch. 3. 1 , 8. ch. 5. 20 , 21. rev. 7. 15. resolve . to the shame of those his irreligious gardians of a different judgment and practise , who debarred him from all resort to gods publick ordinances and ministers in the parish churches of the garisons wherein he hath been restrained , dedicated to gods worship ; and still detain him close prisoner ( as aforesaid ) by colour of this your void illegall warrants bare transcript , without date , thus subscribed by them as a true copy . sir , we have been informed , that taunton is an unfit place for the imprisonment of mr. prynne , where he now is ; we therefore desire you to give order for the removall of the said mr. prynne to pendennis castle ; and that he be there kept upon the same warrant upon which he hath been prisoner at dunster castle and now at taunton , till further order . and that whiles he is there in restraint , he may have liberty to go to the publick odinances of gods worship , if he shall desire the same . signed in the name and by order of the councell of state , by authority of parliament . john bradshaw , president . this is a true copy , john disbrowe . this is a true copy of the aforesaid copy , charles shrubsoll . this copy only , or your originall warrant , ( as the science and conscience of every lawyer amongst you , and his who signed it , must informe you ) is meerl● void , illegall , and no justification for these his foremen●ioned restraints or imprisonment in pendennis castle , before any tribunall of god or man , for these following reasons . 1. because contrary to all former councell table warrants of this nature . all old councell table orders , warrants , for his and others imprisonments were fig●ed and subscribed , not only by the president alone , but by all the lords and councell consenting to them then present , as by law they ought , that so they might know all those that imprisoned them , and whether enough to make a councell , and whether to bring their actions against all or any of them if wrongfully imprisoned ; as you may read in a new discovery of the prelates tyranny , pag. 9 , 10 , 15 , 16 , 18 , 69 , 85 , 86 , 90 , to 97. 2. because this single signing of warrants by one of you alone against ●ll law and former presidents , disenabling the prisoner to know who they were who committed and translated him from prison to prison , except the first and sole subscriber john bradshaw , ( the rest it seems being ashamed to subscribe or own it , or the former warrants for his restraints , being so unjust and defective in law ) and the subscriber alone being no councell , and having no power solely to act any thing , but only , joyntly with such a number of associates , who cannot translate their power or trust to him , but must execute it themselves ; this warrant ( and the former so signed ) must needs be void in law and unwarrantable , or else all john bradshawes companions , though absent or dissenting to its guilt , though issued in their name and by their order , without their parties or consents . 3. because it contains no crime , nor just cause at all , for which he was formerly kept prisoner at dunster castle or taunton , or since imprisoned in pendennis ; as it ought to do by the expresse provision of the petition of right , and all ancient statutes therein recited ; the votes and resolutions of parliament in the large debates of that petition , with all other parliaments since ; the resolves of both houses , and most of your selves in his owne and mr. burtons late cases ; the judgements of all our judges , law-books , and sir edward cokes institutes on magna charta , ch. 29. printed by the commons house speciall order ; and the statute of 42 e. 3. c. 12. declaring all such generall warrants against these statutes and magna charta , to be void and nul in law to all intents . 4. because it is grounded upon no precedent legall examination , conviction of , or processe , or indictment against him , as by these statutes , laws , law-books , resolves it ought to be . 5. because it enjoynes ( or rather desires ) him , to be kept prisoner in pendennis c●stle ▪ not upon it , or any lawfull warrant specially directed unto the governour thereof ; but upon the same warrant upon which he hath been prisoner at dunster castle , an● then was at taunton , when this was issued . which warrant for his first imprisonment at dunster , being likewise generall and void in law , because it containeth no particular offence at all for which he was there imprisoned ; and if good in law , yet directed personally to major robinson alone , then governour of dunster castle , and none other ; not to colonel disbrow , or captain shrubsoll , or any governour of taunton or pendennis castle ; and restraining him and his imprisonment only to dunster castle , not to taunton or pendennis castle , above 120 miles distant from the former , and situated in another countrey . and your first warrant being in law quite nulled , expired , by your demolishing dunster castle , and removing the governour ( major robinson ) and the whole garison ( who there kept , and to whom only you committed him ) totally and finally thence ; and he being no prisoner at all at taunton , upon that or any other warrant from you ; it is both impossible , absurd , unwarrantable , illegall , and beyond all extravagant presidents of former times , to keep him up close prisoner so long in pendennis castle upon the same void , nulled , expired , illegall warrant only directed to others , upon which he hath been prisoner at dunster castle , to which it only confined him , but never really to taunton ; and it must needs be a great solecisme in law and clerk-ship at least , if not in state policie , and statesmen , to● issue out such a warrant , and imprison any intelligent lawyer or english freeman in three remote castles , under severall governours , by colour of one meer void illegall warrant , to imprison him only in and under one of them , a thing never heard of in the world before . 6. because it ordered him to be removed against his will , perforce , out of his one native county , and sent to , and kept prisoner in a remote castle , in a forain county , in the extreamest western part of the island , not properly belonging to the restraining jurisdiction of any legall court , councell or power by any known law ; where he can neither-be legally tryed , nor proceeded against for any reall or pretended crime only acted in other countries , nor this , for which he is thus restrained ; contrary to expresse statutes of 5. e. 3. c ▪ 8. 28. h. 8. c. 2. 5. h. 4. c. 10. 1. e. 1. c. 5. 4. h. 4. c. 13. 23. h 8. c. 9. 1. 2. phil. mar. c. 12. 21. e. 4. f. 71. brook imprisonment , 80. protestation , 18. the late votes and resolutions of parliament , as well of the commons as lords , in his own and fellow-sufferers cases , sent first close prisoners by the star-chambers sentence , and after by the old councell tables orders , to such forain castles , prisons , against these acts and the subjects liberty ; for which ill president ( now pursued and exceeded by you ) both houses and most of your selves voted the starchamber lords , and your whitehall pred●cessors to be delinquents , and to render — y damages to them , though done by and after a bill and sentence , when as ye now do it before any sentence or impeachment at all , much lesse any hearing or sentence against him . 7. because this warrant is directed only to colonel disbrow , not commanding ▪ but only desiring him to give order for his removeall from taunton to pendenn is castle , and that he be there kept upon the same warrant upon which he hath been prisoner at dunster and then at taunton . which colonel being no known sworn officer of law or justice in the counties of somerset or cornwall ; but only a military commander , and he being no prisoner of warre , or souldier , subject by any law of england to his military power ; nor yet his prisoner there , or since that time ; and this letter of yours ( rather then warrant ) making his inherent power and order alone , the only authority both for his remove and restraint at pendennis , without any speciall or legall derivation of any such power from yourselves , ( who in truth have no more lawfull power for it then he , who had none at all ; ) therefore it can in no court of law or justice , be any legall warrant for a colonel or any other , to remove him hither , or detain him prisoner here , upon it , or the former warrant . 8. because the sole ground for his remove from taunton , within his native county , to this forain county and prison , is only a bare information to you , without hearing of him to disprove it ; that taunton is an unfit place for his imprisonment , which as it is no crime , nor ground at all in it self for his imprisonment elsewhere ; so it is a strong argument of the injustice of his imprisonment at taunton , and of your warrant , and of his translation to and imprisonment in pendennis castle in the remotest county ; it affording no such fitting accommodations in any kind for his soul or body in sicknesse or health ( whe reof it is wholly destitute ) as taunton doth ; and being a meer private castle only in a forain shire , not a market town , where the assizes and sessions are usually held ( as taunton is ; ) wherein alone all prisons and prisoners in all counties ought to kept , under known sworn gaolers and officers , ( not in private castles under souldiers ) by the expresse statutes of 5. e. 3. c. 8. 5. h. 7. c. 10. 23. h. 8. c. 2. and that for their better relief , accommodation , security and more frequent visits by their friends . therefore this must be a far juster ground for you to release or to translate him from pendennis now , then to send him thither at the first , or detaining him still close prisoner there . 9. because neither this nor the former warrant is directed to the governour or any other officer of pendennis castle , to detain him prisoner there ; as by law it ought to be ; for the first warrant is directed by you only to major robinson , the second only to colonel disbrow ; who are neither military nor civil governours nor officers in pendennis , and keep your originall warrants for their own indemnity , sending only a bare copy of them , ( without time or date ) to the governour of pe●dennis ( to whom neither of them are directed by you ) to detain him prisoner by , which can be no plea nor warrant in law in any court to justifie his imprisonment in this place by captain shrubsoll , who yet without any other warrant but this copy alone of yours to disbrow , hath injuriously — restrained , oppressed and close imprisoned , and kept him from gods publick ordinances , as aforesaid , beyond and against all warrants , by colour only of this his datelesse copy forecited . 10. because this warrant doth not so much as mention his known christian name william , as by law it ought ; but his surname only ; nor so much as expresly command him , to be kept prisoner , but barely kept at pendennis castle ( which he may be , and yet not as a prisoner , or close prisoner ) upon the same ( void , illegall , expired ) warrant , upon which he hath been prisoner at dunster : besides it neither commands or requires , but only desires colonel disbrow , that he may be removed and kept here ; not for any certain time , or till delivered by law , or brought to his legall tryall for that ( nothing in this warrant ) for which he stands here committed ; but meerly , till further order from you ; ( which may be till death or doomesday , if you please , and yet seem to resolve : ) for all which causes ( as well as the former ) it is both void and illegall , as sir edward coke resolves in his institutes on magna charta , c. 29. ratified by the commons own order for its impression . 11. because it gives no expresse command nor precept , either for his translation hither or restraint here ▪ nor concludes as all legall warrants do ; and for your so doing this shall be your warrant , and hereof fail not , at your perill ; but barely desires his removall by disbrow and keeping here , rather as a cuortesie then commanded duty ; concluding only ▪ and we desire you to certifie ( any other as well as you , for us is not expressed if intended ) what you shall do herein , in his removall thither ; not in his keeping there , where he is no officer nor governour . therefore illegall and no warrant at all . 12. because if this copy be true ( as they both attest under their hands ) then this warrant hath neither time when , nor place where it was dated ▪ nor person to whom it was directed . therefore illegall , null , invalid . now how much it will redound to the honour of your wisdome , justice , reputation of your clerks and those lawyers associated with you , to advise you in points of ▪ law , to issue forth such a def●ctive , null , void , illegall , absurd , imp●ssible , nugatory warrant , as this in all the 12. forecited regards , and so long to restrain , imprison , close imprison him in this remote castle upon a bare copy thereof , and still to detain him prisoner thereupon , notwithstanding all former addresses to you by himself or friends for his enlargement hence ; and what all rationall men in present , in future ages will judge of your strange exorbitant proceedings of such nature , or how you will clear , justifie or excuse them before any future parliament or new ( pretended , but as most now think never really intended ) representative of the nation ( so often promised , but still as long deferred as his liberty ) or any other impartiall court of justice on earth , if ever there legally examined upon complaint ; or before christs own inpartiall , z unavoidable tribun●ll at last , where you must shortly render a strict account thereof to this righteous judge of all the earth ( without any armed gardians to secure you against his justice ) in the presence of a all his holy angels , and the whole world of mankinde ; where himself hath resolved beforehand in his very gospell , that he will passe this irrevocable sentence against all such who only refuse or neglect to resort unto , visit , feed , cloth and relieve his imprisoned believing members for this their bare omission : go ye cursed into everlasting fire , prepared for the devill and his angels : for i was sick and in prison and ye visited me not , &c. and will therefore certainly pronounce a severer doom against all such unrighteous grandees who actually without cause , crime , tryall , maliciously cast his formerly suffering members into prisons and detain them close prisoners , under terrifying armed gards and sentinels in remote obscure castles , far from all friends or acquaintance , of purpose to disable , deter all others from visiting , feeding , clothing , and relieving , comforting them in their necessities , or sicknesse therein , and yet year after year most inhumanly refuse upon their oaths , frequent sad complaints and impo●tunities , to release , visite , relieve , or right them . and what you will then be able to alledge for your selves to prevent any human censures here , or such a fatall sentence from christs own mouth hereafter for the premises , he most seriously refers to your own awaked consciences , and most serious contemplations , if now after this his remonstrance and full information of your warrants illegality and nullity , by which he hath been restrained , you shall wilfully neglect or peremptorily refuse immediately to release and fully to repair him ; who by colour thereof hath been kept a clos●r prisoner under you , before any charge or hearing , then formerly under your tyrannicall condemned predecessors at whitehall , after two bils , hearings and their severest censures ; and denyed so much prison freedome , as very popish priests and jesuites formerly obtained , did and still enjoy ( if you have any such now prisoners ) under your regency even in their very strictest prisons when convicted , condemned even of the greatest highes● treasons both against king and kingdome . and seeing you have freshly exhorted , enjoyned all sorts of person in the nation to make publick and private confessions to god of all their personall and nationall sins , which have provoked his wrath , kindled new warres with our very formerly confederated brethren , and threaten many heavy judgements to the nation if not cordially lamented , speedily and really reformed ; and for this end have appointed a generall solemne fast and day of humiliation on the 13. of october next , to divert gods incumbent imminent judgements , and procure peace . and for as much as god himselfe , the god of b judgements , c vengeance , d warre , e mercy , f peace , hath frequently declared in his sacred oracles , that g oppression , inj●stice , violen●e , spoyle , cruelty ; depriving any of their just liberties , rights , inheritances , estates , by meer arbitrary power , and the oppressing sword , without just cause , right , title or legal tryall imposing heavy y●akes of bondage on the neckes , and intolerable burthens on the backs , estates of men by illegall taxes or exactions , ( next to apostasie , and most grosse idolatry ) are the greatest wrath-procuring , state ▪ subverting , realm-destroying , warre-ingendring , land-desolating , soul condemning sins of all others , which have utterly destroyed , subverted , extirpated and brought to nought , not only many potent kings , princes , potentates , nobles , grandees of all sorts with their posterities , but even whole kingdomes , states , republicks , beyond all humane probability , as the histories of all former ages , and recent presidents of your immediate whitehall predecessors , experimentally confirm ▪ whose injurious oppressive proceedings , sentences against h him , causelesse long imprisonments of●this remonstrant , were one i principall occasion of their downfall , and of that very star-chamber court wherein they censured him . and because god hath likewise positively resolved isa . 58. 6 , 7 , 8. that this is the chiefest , the only fast which he hath chosen , and appointed , to pacifie his wrath , avert his judgements , cease all warres , restore , establish wealth , peace , setlement and prosperity ( the proper effects , fruites of k righteousnesse and true justice ) to an afflicted realm or nation , to loose the bonds of wickednesse ( and such are all injurious , illegall warrants , close imprisonments , restraints , and his fore-remonstrated in the highest degreen ; ) to undoe the heavy burdens ( and are not his , and the other long continued unwarrantable publick taxes , excises , extraordinary prison expences , and grievou● unredressed pressures impos●d by you , such ▪ ) to let the oppressed go free ( and is not he such an one in the highest degree , as well now as hereto●ore , in his person , freedome , calling , estate , friends , and all earthly comforts ▪ by your forain close imprisonments so long continued on him , after all his ancient oppressions ? ) and that ye break every yoak ( and are not his present restraints from all free private or publick converse with any rankes of men by word or writing , by muing him up in for●in prisons , under armed guards , centinels , debarring him from all gods own ordinances , all legall wayes or writs for his enlargement , yoaks , nay iron yoaks to him ? your keeping o● him and the whole nation so many years together ▪ when the king and both houses l would and might have setled a most desired blessed peace without further armes or bloud-shed , under the over●wing , parliament-subverting , law-oppressing sword , power , discipline of a disobedient army , subverting those very ends , powers , persons , for whose preservation and defence they were professedly raised , waged , continuing them still in extraordinary pay , both winter and summer , with little or no diminution of their number , to the totall consumption of all the lands , rents , revenues of archbishops , bishops , deanes , chapters , king , queen , prince , of many thousands of delinquents , the m undoing of some thousands of well affected persons , the generall impoverishing of most men throughout the nation , and threatning a speedy consumption of all yet remaining — if longer continued , and that rather to enslave then enfranchise us ; to promote their own officers and others private wealth , greatnesse , then our reall , publick weal , liberty , safety , or our religion : the maintaining of many superfluous garisons , castles , more to imprison , secure him , and the other causelesse prisoners in them , then defend the nation by them ; the usefullest of them , even at the entrance of our chiefest harbours , being experimentally found to be meer scare-crowes , to fright cowardly unexperienced seamen only ; but unable with all their mounted canons ( discharged suddenly if there be occasion only one by one , at rovers and great uncertain distance , and that but once or twice at most with round bals , by none of the skilfulest gunners ) unable to hit ( unlesse by chance ) much lesse to stop , hurt , spoyle , strike any single ship or vessell passing in or out of the harbors ; when as old , late and present experience in our latest sea fights prove that 10 , 20 , 30 , 40 , 50 , 100 ▪ whole broad sides , and greater , better tyres of ordinance then any in our forts discharged together at one stout ship by skilfullest gunners , at nearest distance , with better aime , with key or crosse chain shot , will hardly split or sink it , ( which no fort , no castle that we read of ever yet did ) nor stay , take any resisting vessell without grappling with and boarding her ; which forts cannot do : much lesse can they hinder the ingresse , egresse or regresse of any considerable squadron of ships or a whole navie ; or impeach the landing of an army by or under their very noses , or in places out of their guns command , as ignorant people dream , as the forcible landings of your forces , though small , in the late reduced islands of silly , jersie , the barbadoes under their very forts and canons , without the losse of any one ship or vessell by their canons and blockhouses ; and of the losse of very few mariners or land souldiers ( with the taking of cadez and many fortified towns in the indies heretofore by sir francis drake and others , without the losse of any one ship by canon-shot ) manifest beyond all contradiction ; such forts serving only in truth , to maintain many ●asie gunners and montrosses at , 8 , 10 , 12 l. pay a week or more in many forts , meerly to shoot away vast proportions in a year of powder and bullet in meer complement and salutes of men of war and other ships , who waste more powder , bullet in saluting , resaluting ships , and in other idle frolicks upon visitants and newes of good successes , then their salaries amount to ; and to maintain many thousands of lasie , idle souldiers ( whose labour would be far more profitable to the nation then their service ) at 5 s. 10 d. pay each week , and their officers at double , treble , 4 , 6 , or 8. times as much more , only to burn match to take tobacco , stand centinel , to walke or look about them some two or three houres , in three or four whole dayes space or more , which they call duty ; and exercise once in two or three months time for so many houres , to shoot away their powder ; when as poor labouring men of all sorts must work hard all the week long for lesser gain and wages , then these idlebees receive for this their lasie uselesse duty , and yet pay heavy weekly taxes duly ( under pain of plundering ) to maintain these lurdánes to so little purpose : are not these think you n yoaks , nay heavy unsupportable iron yoaks , far o heavier then those wooden ones ( of a little shipmony only once a year ) under which we formerly groaned , till we brake them ; fit now to be broaken on your fast-day , after so long a continuance of them by you on our nations galled , wearied necks ? ) there is yet a second part of that fast , which god now cals for from you ; to deal your bread to the hungry ( and are there not now many such amongst us by your unrighteous depriving them of their liberties , callings , imployments , revenues , husbands , servants , children , estates , publick offices , and the benefit of our very lawes to regain their own , and detaining their publick debts , as you do his ) to satisfie the afflicted soul ( and is not his soul such , by your remonstrated pressures , and thousands of souls more by other grievances ? ) to bring the poor that is cast out ( as he is by you from his house , liberty , calling , family , kindred , friends , all worldly comforts , publick trusts and imployments , into remotest prisons without cause , against all laws ) into your houses ; ( who will not so much as once permit him , to return into his own house , and so long debarred him from gods own houses ) if you see the naked , that you cloth him ; ( and you have almost made him naked by depriving him of his calling , friends , imployments , detaining his publick oft-demanded debts , his extraordinary prisonexpences and late militia charges , enforcing his friends to sell all his stock , superadded to all his other payments , reducing him to his very worst old jersie prison rags and clothes to cover his nakednesse by these mercilesse undoing extremities ) and that you hide not your selves from your own flesh ( as you do from him by not receiving some , breaking up others of his letters of complaint without reading them , slighting all the rest , and answering none of them but by denials ; refusing to hear , dispute , or speak with him face to face , for ought you can charge him with , as persons either ashamed , afraid , or unable to encounter or behold him , after so many indignities , or to make good your own cause , or proceedings against him , by divinity , law , religion , or any sole hearing ; and yet hide him from his own flesh too , by keeping him from his friends , kindred , and them from him by strict restraints in remotest garisons from them , of purpose to deprive him of their visits : ) give him leave then upon all these grounds , in the name and fear of god , as your former true christian friend and present impartiall monitor , without all carnall fear or sordid flattery , seriously to exhort , and faithfully to perswade all and every of you , not so much for his own interest , as your own truest good , salvation , and our whole nations welfare , both before and on your solemne fast-day , to lay all his former remonstrated pressures and long illegal close restraints , as close as may be to your souls , and both publickly and privately with deepest sorrow , shame and detestation to confesse , acknowledge , bewaile , abhorre , renounce , redresse , repair them by his present honourable enlargement , and other proportionable recompences to him and the grieved nation , as crying , god-provoking sins , which if not then thus seriously acknowledged , repented , and rerlly redressed , may and will draw down as exemplary justice and vengeance on your heads , and present exorbitant power , as his former sufferings of this natnre did upon beheaded canterbury , with other you immediate predecessors at whitehall and their exorbitant authority , though then better setled , secured by our laws and long prescription , then you or your present slippery peace . and withall , before , or on that day at furthest , effectually , sincerely by reall performances and actuall ex●cutions , to keep and render unto god that practicall forementioned fast which he hath chosen , and expecteth at your hands , in all the respective branches thereof , both in relation to himself , and all other oppressed , afflicted , impoverished ones throughout our three nations , now groaning , languishing and almost expiring under manifold bonds of wickednesse , heavy burdens , oppressions , yoakes , already hinted to you ; without which all your prayers will be but meer q howlings in his ears ; all other feigned humiliations , a meer atheisticall abuse of this most sacred ordinance , to meer politick sinfull ends , to which it is oft abused ; nay a r fast for strife and debate , and to smite with the fist of wickednesse , as god there resolves ; by making it a generall engine to raise , foment , encourage , countenance , justifie new unchristian , inhumane , unrighteous , impolitick divisions , factions , warres with and again our very fellow-christians upon slight pretences , dissents and private differences , without just substantiall grounds , warranted by gospell principles , presidents , precepts ; which instruct all christian men and states too , t to love like brethren , to passe by and forgive their enemies injuries and offences ; u to keep the unity of the spirit in the bond of peace ; x to live in peace , and follow peace with all men ; y to seek one anothers welfare ; z to lay do●n their life 's for their brethren ; a to study to be quiet ; to b live in all peaceablenesse and honesty ; to c give no scandall nor offence , and do no wrong nor violence one to another ; to d beat their swords into plow-shares , their speares into pruning hookes ; not to lift up a sword one against another , or learn warre any more ; e to put up the sword into the sheath , because all those that take the sword , shall perish with the sword ; not to f bite and devour one the other , lest they be consumed one by another ; resolving , all g warres and fightings amongst them , to come only from their lusts , that warre in their members ; and all wisdome to raise , soment and manage them , not to descend from heaven above , but to be carnall , sinfull , devilish . and if your publick fast be now secretly designed to any such unchristian purposes as aforesaid , or not accompanied with that reall fast fore-specified ; it will be so far from allaying , that it will far more incense gods wrath ; so far from procuring , obtaining publick peace , that it will encrease your warres and enemies ; so far from establishing your new republick , that it will suddenly and certainly subvert it , if not by others , yet by the very army and armes of flesh you most depend on ; so far from securing our sinfull nation ( or religion ) from forain enemies and plunders thereof , that it will expose them to their combined invasions on all hands , to their great molestation , devastation , if not finall extirpation out of the long enjoyed land of their nativity ( as the britains of old ) for all your and their late encreased , desolating , crying sins , which hath been , and yet is , the grounded fear , and is and shall be the dayly fervent deprecation of your oppressed close prisoner , necessitated by your defaults to this prolix remonstrance of his grievances , and finall demand of right , liberty , justice from you ; which god himself will both hear and grant , if you now prove more deafe and dumbe thereto , then the h unrighteous judge in the gospell , after all former solicitations , letters , suites , and this ultimate addresse unto you , by your two years and three months causelesse close prisoner , william prynne . from his ill , moist , close prison-chamber in pendennis castle , 26. septem . 1652. after this remonstrance sent , upon the motion of some of my friends , this order and warrant thereon was made at whitehall , and sent to pendennis castle , for my release . tuesday first of february , 1652. at the councel of state at whitehall . ordered , that mr. william prynne be discharged from his imprisonment , he giving his bond to the summe of one thousand pounds , that he will not for the future act any thing to the prejudice of this common-wealth , and the present government thereof . exam. john thurlo , clerk of the councell . sir , the councell hath thought fit , that mr. william prynne now prisoner with you in the castle of pendennis , shall be discharged from th restraint upon him , he giving his own bond of one thousand pound , that he will not for the future , act any thing to the prejudice of the common-wealth , and the present government thereof . the councell have thought fit , that the taking of his bond , should be left to your care , and do therefore desire you , to see the same entred into by the said mr. prynne , according to usuall forme , and the condition above mentioned ; which bond when the said mr. prynne hath entred into accordingly , as is hereby directed , you are to return the bond to the councell , and to set mr. william prynne at liberty . whitehall feb. 2. 1652. john bradshaw , president . to the governour of pendennis castle , these . signed in the name , and by order of the councell of state appointed by authority of parliament . exam. john thurlo clerk of the councell . upon reading of this order and warrant , brought me by the deputy governour , i peremptorily resused to enter into any bond at all upon any termes ; the illegality and tyranny of which bond and condition , i at length expressed in a letter to a member of whitehall that sent them ; resolving rather to die a prisoner then live a bondman in my native country , where i was borne a freeman : whereupon they sent this absolute order for my enlargement , without any bond or limitation whatsoever , upon which i was thence released . these are to will and require you forthwith upon sight hereof , to discharge and fet at liberty the body of mr. william prynne from his imprisonment , if he be under restraint with you for no other cause , then that is expressed by the order of the councell for his commitment , of which you are not to fail , and for which this shall be your warrant . given at the councell of state at whitehall this 18. day of february , 1652. to the governour or commander of the castle of pendennis . john bradshaw , president . signed in the name , and by order of the councell of state appointed by authority of parliament . exam. jo. thurlo cler. concil . upon my repair to london in november last , i writ and sent this ensuing letter to mr. bradshaw . sir , understanding you are now returned to westminster , i thought meet to minde you , that by sundry illegall warrants under your hand , during your cashiered whitehall superlative power , my study in lincolnes inne , and house , study at swainswick , were searched ; my records , writings , papers taken away ; my person forcibly seized by , and close imprisoned , in three severall remote castles under souldiers , for two years and eight months space : my prison-chamber and very pockets ransacked ; my notes , tables to the books i read in prison , violently taken from me ; all persons prohibit●d to speak with me , but in the presence and hearing of my gardians ; all letters to or from me , inte●cepted , pe●used ; the liberty of sending letters to demand my freedome , debarred ; accesse to gods tublick ordinances , denyed me ; my laundresse , brother in law , servant , with some others , imprisoned and examined extrajudicially against me ; and that before , without the least legall accusation , hearing , tryall , or any particular crime , or cause objected against , or hitherto signified unto me ; contrary to all rules of law , justice , the great charters of england , the pe●ition of right , and the votes of both houses of parliament in my very case ( as you well know , and i then informed you at large by severall letters , ) to the prejudice of my health , decay of my estate , and extraordinary dammage , after all my former unrecompensed great losses and martyrdomes for our religion , laws , liberties , under the beheaded king , prelates and old exorbitant councell table . the true cause of whose tyrannicall proceedings against me , being yet unknown , even to such of your late whitehall associates , as i have hitherto met with , ( who are ashamed of these barbarismes , and remit me wholly to your self for the true reason of them , of which they professe themselves ignorant ) i thereupon held it necessary and just , now at last to demand from you by writing , the true reall cause of these irregular restraints and proceedings against me ; together with full damages for the same , in private , before i demand them in such a publick manner , ( if necessitated thereunto ) as may expose you to greater obloquy and infamy , then ever beheaded canterbury sustayned for his ●xorbitances against me . for my own part , i was never of a revengefull spirit ; yet i cannot be so stupid , as to put up these transcendent iujuries , and illegall oppressions i sustained under you ▪ because i underwent them , not as a private person , but as a member of parliament ; and that in and for the publick cause of the whole english nation , i then supported ; whereupon i must no● passe them by in silence without publick satisfaction , even for the present and future benefit of the nation , and vindication of the liberties and p●iviledges of parliament , according to the tenor o● the covenant : lest by my sil●nce they should prove dangerous presidents to prejudice posterity , i b●ing then a member of parliament , i● the former parliament continued in being , as you affirmed it did in your very warrants for my restraints . wherefore seeing we are once more become fellow ▪ commoners again , i do hereby in justice require and expect from you an undelay●d ●ccount , both of the grounds of my forementioned illegall unchristian injuries and restraints , with full reparations for the same , as i did from canterbury , and my quondam lordly whitehall unjust censurers ; which i presume you will not disdain to render to him , who through gods mercy , maugre all mens tyranny , still continues to be , what you ever found him , your long oppressed , yet still unconquered tyranno-mastix , william prynne . from my chamber at lincolnes inne , nov. 24. 1654. to this letter mr. bradshaw returning a long unsatisfactory answer in writing , dated the 1 of of december , i thereupon sent him this reply thereto . sir , upon my return late last night to my chamber , i found your answer to my former lines , under my door ; which by reason of company , i had no time to peruse till now , wherein as i finde not the least satisfaction touching the particular grounds of these illegall proceedings against me , i informed you of ; justifiable ( as you well know ) by no lawes of god or man ; so your hand alone being to the warrants , prescribing and occasioning them , contrary to the presidents in former times , and all my commitments by the old whitehall councell , to which all my committers subscribed their hands , or had their names superscribed by the cle●k of the councell , as you may see in my new discovery of the prelates tyranny ; i could resort to none but your selfe , both for satisfaction and reparation ; being wholly ignorant , who else concurred with you therein . for any pretended mercy shewed to me by you or others of your associates in my restraints under you , i must yet account them such mercies only as solomon defines them , prov. 12. 10. and you such friends alone , as job and david complain of , job 19. 13 , 14 , 19 , to 24. & 6. 14 , 15. psal . 41. 9. & 55. 13 , &c. as for the surmised benefit you did me at last , by your casting voice , which ( you say ) brought me out of prison , when as your hand alone cast me into it ; let seneca the philosopher resolve you what it is , de beneficiis , l. 6. c. 26. neqvitia est ut extrahas mergere , evertere ut suscites , vt emittas inclvdere . non est beneficivm injvriae finis ; nec unquam id detraxisse meritvm est , quod ipse qui detraxit intuberat . non vulneres me malo quam sanes . potes inire gratiam , si quia vulneratus sum , sanas ; non si vulneras , ut sanandus sum , &c. that others joyned with you in the injury , &c. was but canterburies old exploded plea , and and rather aggravates then mitigates your offence , by gods own resolution , exod. 33. 2 , 7. yet notwithstanding i am not so vindictive or implacable , as to deal with you as you did with me ; to surprise you without the least notice , to begin with execution , without any precedent processe or parle , as my former lines attest . neither shall i take advantage of the present season by way of revenge , which others perchance would do , but only end●vour to right my self in a just and christian way , for the damages sustained in my estate and person , to prevent the like future injuries , and to advance publick liberty so far , that my illegall restraints under you , may become no presidents to prejudice , but benefit posterity . and seeing i finde you inclined to a friendly conference when and where i shall appoint , ( which would have done better before my commitment then now ) if you nominate any chamber in any of the four innes of court , where me may meet to morrow , or thursday morning about ten of the clock , i shall ( god willing ) then and there expect such further satisfaction from you , as is due in justice and conscience to your injured , oppressed quondam friend , and martyr for the publick , william prynne . lincolnes inne , 5. decemb . 1654. to this letter i received a large impertinent answer , dated the 6. of december , giving no account of the cause or justice of my restraints , but proffering me a meeting at mr. ellys his chamber in . grayes inne the saterday following , about 8. of the clock in the morning , freely to debate the businesse in a friendly manner , without prejudice to either side : where i meeting mr. bradshaw accordingly , he seriously protested to me , that he neither knew nor remembred the informers names , nor any perticular informations given in against me , whereupon i was thus imprisoned , restrained ; but he would peruse all his own papers , and the books at whitehall with all possible speed ; and if he could finde any particulars relating to my commitment in them , he would give me a speedy account thereof . after which he said , that he had sundry things in the generall to alleadge for himself in relation to the proceedings against me , which did quiet his conscience : the sum whereof ( which he amplified with many words ) was this alone . 1. that he and the councell at whitehall ( as he styled them ) had their authority derived to them from a true and unquestionable parliament of england . 2. that this parliament gave them particular instructions to pursue , for the preservation of the peace and safety of their new common-wealth ; which they accordingly pursued according to their judgments and consciences , without malice or partiality . 3. that there were many desperate plots and conspiracies set on foot against this poor infant common-wealth by the enemies thereof , threatning utter ruin thereunto , had they not been carefully prevented , about and during the time of my commitment , which enforced them to extraordinary proceedings . 4. that though he knew not the particular grounds or cause of my restraints , yet he was perswaded , that it was done in order only to publick safety , and not out of any malice , but rather out of a tender respect of the councell towards me ; and that he did nought therein but only by the councels command , which he was bound to obey . to which i presently returned him this answer , that i much wondered with what face or confidence he could condemn the late king for a tyrant , and yet soon after become more arbitrary , unrighteous , and tyrannicall himself in his proceeding against me , ( his late speciall friend ) then ever the king or his councell were . for first of all , they only sommoned me in the day time to appear before them by a single sworn messenger the next day , without any attachment of my person : but he at the very first attached me neer midnight in my own house , by a party of horse , without any sworn legall officer . 2. they summoned me to appear before them to answer such things as should be objected against me : but he attached and sent me as far off from him as possible , to remotest castles , without bringing me ever before him ; as being afraid or ashamed to see my face . 3. they when i appeared before them , objected a particular book to my charge , as scandalous and offensive and heard me concerning it before they committed me ▪ but he at first objected no particular crime or book against me , nor would he afterwards during my long restraints , signifie any speciall cause of my close imprison●ent , though oft importuned by my letters ; which he would have done for his own reputation , and my own or the worlds satisfaction , had there been any . and now at last he protests , that be neither knows , nor remembers any particular informations given in against me for which i was so long committed ; my papers , records , writings seized , and my very pockets , as well as my house , studies , and prison-chamber ransacked ; but he will seek if he can find out any particulars , which would have been found out long ere this , had there been any such , even since my first letter to him in november last . 4. they committed me only a prisoner at large , as first to the tower of ▪ london , their usuall prison , neer my friends and place of residence ; without any restraints of letters or conference with any . b●t he sent me to three remote castles one after another , every one worse then another , the last near 150 miles distant from my house and friends ; and there kept me under the strictest restraints and armed gards ; contrary to sundry expresse statutes , and the votes of both houses of parliament in my former case ; debarring me for a long time the liberty of gods publick ordinances ; which i enjoyed under them . in all which respects , after the parliaments censures against the old councell-table , prelates , canterbury , and his own sentence against the king ; he had manifested himself a worser tyrant then they , and might therefore justly expect as heavy , or a far worse censure as any of them sustained , in case he repented not of , and gave not satisfaction for these transcendent injuries . as for the generall grounds he alleadged , to excuse or justifie his exorbitant proceedings against me ; i told him , they were frivolous , and would rather aggravate then mitigate his offence before any legall tribunall . to the first of them i then immediately answered , that i much admired , how any man who professed himself a lawyer , or ware a gown upon his back , durst affirme , that about 50 or 60 members only of the late commons house , confederating with the army-officers to destroy , condemn and behead the king , the * head of the parliament , abolish the whole house of lords , the ancientest , honorablest , chiefest of branch our english parliaments . wherein the judiciall power of parliaments wholly or principally resided ; and secure seclude the majority or five parts of four of the whole commons house ( only , for voting according to their consciences and endevouring to settle the peace of the kingdome , after eight years bloudy wars , ) and to subvert all future reall english parliaments , contrary to their trusts and duties , the very expresse words of the writs and retornes of those by whom they were made and elected members ; contrary to the direct tenor of the c oaths of supremacy and allegiance , which they took and must take before they could sit or vote as members ; contrary to the solemn protestation , vow , league and covenant , which they all made and took after they were members ; contrary to their manifold printed declarations , remonstrances , ordinances , votes , whiles there was a reall parliament , and they actuall members of it ; contrary to the desires , petitions of those who intrusted them ; yea contrary to the principles of the protestant religion , the priviledges , rights of parliaments , the fundamentall lawes of the land , which they professed , covenanted , ingaged inviolably to maintain , as they were members ; should be a true and unquestionable parliament of england , of themselves alone , without either king or house of peers , or the mainity of the secured and secluded members ; especially after the kings beheading , which d actually dissolved the parliament , and sitting still under the over-awing guards and force of the army ? demanding of him in an earnest manner , by what parliamentary or legall records , histories , law-books , resolutions of our judges or courts of justice , he could prove that unparliamentary juncto , to be a lawfull english parliament , when as his own science and conscience must attest , that they all declare and resolve them to be no parliament at all ? whereunto he replyed , he must needs confesse , that all records , histories and law books were clear against him ; that they were no legall parliament ; but yet yet in this case of extremity , wherein we then were , it was lawfull for the minor part of the commons houses to seclude the king and house of lords , with the major part of their fellow-commoners , when they would have endangered the ship of the common-wealth to preserve it from drowning ; as i my self granted in one of my books , that the mariners might secure the master of the sip , and thrust him from the sterne , in case he would wilfully split it against a rock or quick-sands , to preserve the ship and themselves from perishing : to which i rejoyned ; that the similitude suited not with the case in question . for the secluded majority of the commons and lords house , according to their trusts , duties , at the earnest desires of the generality of our three kingdomes , endevoured to preserve and secure the ship of the common-wealths of england , scotland , and ireland , and bring it into a safe harbour , by a happy close with the late king , upon far more honourable terms and propositions for the subjects benefit , liberty , weal , security , to which the king consented , then ever we or our ancestors enjoyed , or our posterities can hereafter hope for ; and laboured to their power , to prevent those bloudy intestine wars between our protestant realms and allies , and that prodigall expences of many millions of treasure , which this vi●lence upon the king , peers and commons house , have since produced , and is still likely to occasion , by these few members confederacy with the army ; who in stead of saving have quite wracked the ship both of our true ancient parliaments , and republicks , and of their new infant common wealth too , and left us in a more desperate distracted unsetled condition , then they then found us ( which he con●essed to be true ) . therefore he could no wayes justifie this their violence , much lesse infer from thence , that they were an undoubted true english parliam●nt , for by like reason he might make the army , or generall councell of army officers ( the chief authors and actors in this violence only ) to perpetuate their own armed power and our intestine wars for their own private ends ( as now all clearly see ) a true english parliament ▪ as well as that fag end of the house of commons confederating with them ; who now too late repented of this their folly , treachery , and heartily wish , they had joyned with us in our really endevoured , and neer accomplished settlement upon the kings confessions , which now they despair of more then ever , to enjoy under any new government . to the second i replyed , that admit them to be a true english parliament ( which i could not grant ) yet certainly they neither would nor could grant him or his whitehall associates any such unlimited arbitrary instructions and tyrannicall power , to close-imprison me or others in remote castles under souldiers , to break open , ransack our houses , studies , seize our writings , records ; deny us liberty of gods o●dinances , or free commerce with others by conference or letters , which the whole parliament and themselves so lately condemned , sentenced and publickly voted , declared against , as repugnant to the great charter , lawes , liberties , properties of the nation in my own and others cases , and made new acts against . and if any such exorbitant , tyrannicall power had been granted them upon any pretence , yet the statutes of 25 e. 1. c ▪ 1 , 2. e. 3. c. 1. declare them , to be null and void , and himself knowing them to be such in law , could neither in justice nor conscience pursue them to mine or others prejudice . to the third i subjoyned , that the many desperate plots and conspiracies against the true reall common-wealth of england , were on his and his associates part , who subverted our old fundamentall laws , government , monarchy , parliaments and the free course of justice , by arbitrary power , force , and courts of highest injustice , not on mine , or the secured and secluded lords and commons , who detested , opposed all their apparent late plots a●d conspiracies against them ; and that now , by gods retaliating justice , they poor infant commonwealth ( founded in treachery , perjury , violence , injustice , bloud , tyranny ) was suddenly subverted , destroyed , by that very armed power which first erected and engaged to support it still . but admit the allegation true ; yet this was very ill logick , and worse law and policy ; because there were many plots and conspiracies against their new infant republick by others ; ergo , he and his whitehal associates might close-imprison me ( after all my sufferings and services for the publick ) and all else they pleased , in remotest castles , without cause or hearing , though guilty of no reall crime , plot or conspiracy ; which strange exorbitancy , in my judgment , was our principal cause of their new commonwealths and whitehall councels suddenunexpected downfals : however , i being a member of parliament that had then a being ; neither he nor his whitehal associates , could thus imprison and secure me by any generall instructions , without a special order of parliament , without th● highest breach of parliamentary priviledges ; and if there were no reall parliament in being which gave them their usurped authority , ( as in truth there was not ) they were then but a company of private men , destitute of all legall authority and had no more lawfull authority to restrain or imprison me upon any pretext , then i had to imprison him or them , since par in parem non habet imperium ; as he well knew , without some speciall law authorizing him . to the fourth i related ; that if he knew not the particular grounds of my imprisonment , then he could not positively resolve , that it was in order to the publick safety . that to injure and oppresse me , who had written , acted , and suffered so much for the publick safety heretofore , was the high way to occasion , hasten , not prevent their publick damages , and must certainly favour of much private causelesse malice of some men towards me , rather then of publick safety , or their private respects towards me . that i was so conscious of my own innocency , that i neither feared nor declined , but oft desired a publick legall tryall for any thing he or his associates could object against me ; which i could not attain ; and to say now at last , that all they did was only out of tender respects and favour-towards me ; was a very absurd and pitifull excuse ; especially seeing he professed , he knew no ground nor reason for it . that canterbury and the prelates , might have made the same absurd allegation for my former close restraints as well as he , and that if himself should be so long close imprisoned in three remote castles , under such armed guards , and unchristian restraints as i sustained under him , by me or any other his pretended friends , without any legall cause , hearing , tryall ; i doubted not , but he would interpret it , as an act of highest malice , tyranny , and injustice , not as a speciall favour and tender respect towards him . that himself well knew , in the cases of many late delinquents , illegall commands and commissions too from the king , councell , or any others , had been frequently resolved in parliament , and elsewhere , to be no excuse , nor justification at all for those who obeyed or executed them ; and therefore his pretended counsels , illegall commands to him , in relation to me , could neither extenuate nor justifie his illegall warrants and restraints , in the least degree . that he was sorry to hear such poor excuses from a lawyer ; and that he should be so far overseen , as to expose himself alone to answer and satisfie all the illegall actions , and exorbitant warrants he issued by their unjus● commands , b●th against me and others ; which they now totally disclaimed , and so lest him in the lurch to bear both the odium and dammage of them . in brief , after near two hours discourse , being unable to reply to my premised answers ; he promised , to make a dil●gent speedy search after the particulars that were suggested against me , and to give me an undelayed account thereof , if there were any at all extant ; as i presumed there were none ; whereupon we departing , and i hearing not from him in five weeks space , i thereupon sent this ensuing letter to him . sir , i presume by this time , according to your former promise , you have made an exact search and discovery , both of the informers name , and particular informators , upon which you committed me close pri●oner near three years space , to three remote castles , without any hearing or tryall , against all rules of law or justice ; of which i desire to be presently informed , that so i may know how to steer my course in righting my self against this publick injury ( lest it prove presidentiall to prejudice posterity ) in such sort as may most redound to my own vindication , and the common good of all english freemen ; which shall be the endevour of your quondam close prisoner , william prynne . since which i never receiving the least account or answer from him , i take this long silence for a satisfactory evidence of my innocence and his injustice in committing and injuring me as aforesaid , without any particular cause at all , yet discovered or declared , after so long a respite ; whereupon to right my self the best i may at present in point of reputation , ( till a time of future reparation in some other kind shal offer it self ) i thought it both just and necessary for me to publish all the premises to the world ; supporting and solacing my self in the mean time with these old christian cordials , of which i have had frequent experience , psal . 37. 5 , 6 , 37 , 38 , 39 , 40. commit thy way unto the lord : trust also in him , and he shall bring it to passe . and he shall bring forth thy righteousnesse as the light , and thy judgment as the noonday . marke the perfect man , and behold the upright , for the end of that man is peace . but the transgressours shall be destroyed together , the end of the wicked shall be cut off . but the salvation of the righteous is of the lord , he is their streng●h in the time of trouble . and the lord shall help them and deliver them : he shall deliver them from the wicked ; and save them , because they trust in him . mich. 7. 8 , 9 , 10. rejoyce not against me , o mine enemy : when i fall , i shall arise ; when i sit in darknesse , the lord shall be a light unto me . he will plead my cause , and execute judgment for me : he will bring me forth to the light , i shall behold his righteousnesse . then he that is mine enemy shall see it , and shame shall cover him which said unto me , where is the lord thy god ? mine eyes shall behold him , and now shall he be troden down as the mire of the streets . finis . a usefull seasonable corollary to and from the premises . when i seriously contemplate with deepost greife of heart and confusion of spirit , how my late imprisoners , with other of their confederates ( who made the greatest profession of transcendent piety , justice , uprightnes , clemency , humility , selfe-deniall ; cordiall affection , & transcendent zeal to the fundamentall lawes , liberties , franchises , priviledges , ease , weal , establishment of their native country ; published so many large * declarations , remonstrances to the world , in print , asserting the same , and declaring their utter detestation and totall extirpation of all arbitrary government , tyrany , injustice , oppression , violence , illegall proceedings , imprisonments , restraints , seisures of papers , ransacking of houses , executions , taxes , excises , imposts , arrayes exercised by the late king , strafford , canterbury ( whom they impeached , condemned , beheaded as the greatest tyrants ) and by the old councell table , star-chamber , high commission , and house of lord● , which they totally suppressed as intollerable greivances to the people ; no sooner ingrossed into their owne hands ( by force and fraud ) the supream power over their fellow-brethren , and our realmes , but they presently degenerated by degrees in to more absolute tyrants , greater oppressors , self-seekers , invaders , underminers , subverters of the lawes , liberties , properties of the subject , the rights , priviledges , freedome of parliaments , then the very worst of their condemned predecesso●s , transcending them in all kindes of unrighteous exorbitances , and act● of injustice , cruelty , oppression ; and that not only towards their declared common enemies , but fellow-members , and most indeared , best respected , meritorious christian freinds ; notwithstanding all sacred oaths , protestations , vows , leagues , covenants , christian & civill obligations to the contrary : and that only for their constant loyal●y , fidelity , and adhesion to their first principles , oathes , protestations , covenants , trusts , duties ; without the least apostacy ; for which they deserved their highest respects ; and for opposing them in , disswading them from those violent unrighteous proceedings , and destructive publique changes which have occasioned so much effusion of christian bloud , such vast expences of treasure , and produced so many sad calamities to our 3 whole nations , only as yet to make them more unsetled , more enthralled to all sorts of illegall pressures then ever heretofore . it experimentally instructs both me and all others capable of any good instructions . first , of the infallible verity of these sacred oracles jer. 17. 9. the heart ( of man ) is deceitfull above all things , and desperately wicked ; who can know it ? & ps . 62. 9. surely , men of low degree are vanity , and men of high degree are a lye , to be layd in the ballance , they are altogether lighter then vanity . secondly , of the sad , tragicall , dangerous fruites of ambitious affectations of soveraignty , greatnes ; which instigates men oft times , to violate all oaths , laws , trusts , obligations , relations , naturall , civill , sacred , publike , private , transforming them into savage ▪ beasts , yea saints themselves in external shew , into incarnate divels , and monsters of iniquity , treachery , cruelty . witnesse . judg. 9. 5. to . 57. 1 kings 15. 27 , 28 , 29. c. 16. 9. 11 , 12. to 21. 2 kings . 8 ▪ 13. 15. c. 10. 1. to . 15. c. 11. 1. c. 15. 10. 13 , 14. 25. 30 , the * barbarus trechery , cruelty , ingratitude of cassander and other captaines to alexander the great : who notwithstanding all their oathes , obligations ▪ and pretended affections towards him , as their soveraign , generall , advancer , first trayterously destroyed him with a poysoned potion , then murdred his own mother , wives , children , brother , kindred , interfectis etiam omnibus , quicunque alexandrum etiam longinqua cognation● , &c the better to secure his dominions and treasures to themselves , which they devideth between them . after which they falling out between themselves , warred upon and betrayed each other , till they were all slaine and destroyed by one another . with sundry other forraign and domestick presidents , recorded in histories ; many ▪ whereof are collected by sr. walter rawleigh in his preface to the history of the wor●d ; and dr. beard in his theatre of gods judgments . booke . 2. c. 3 , 4 , 5 , 10. 17. 41. where all who are guilty of this sinne , or really dete●t it , may profitably peruse-them at their leisure : with this observation of justin . hist . ● . 16. touching gods retaliation upon such perfidious traitors and their families . atque ita universa cassandri domus alexandro magno , seu necis ipsius , seu stirpis extinctae paenas , partim caede , partim supplicio luit . sufficiently refuting that received parodox of the tragaedian , * * imperia quolibet precio constant benè . thirdly , of the extraodinary dangerous , sinful , poysonful leaven , usually attending grand powers , offices , preferments , whcih frequently transforme not onely proud ambitiōs carnal persons , but even the most humble , mortified , meeke , just , upright , pious , self-denying saints , and greatest patrons of religion , ▪ laws , justice , publique liberty , ( without gods extraordinary restraining grace ) into the very worst of tyrants , oppressors , extortioners , especially when sodainly advanced by unlawfull meanes or from an inferiour condition to the highest pinnacle of soveraignty or empire . this * claudian a heathen poet , long since observed , and thus elegantly expresseth . asperius humili nihil est cum surgit in altum . cuncta ferit , dum cuncta timet ; desaevit in omnes ut se posse putent ; nec bellua tetrior ulla , quam servi rabies in libera colla furentis . yea such a strange corrupting transforming venom usually is there in soveraign powers and dignities , ( which ought really to make men * like to god himselfe , whose deputies , ministers , all lawfull kings and magistrates are ) in justice , righteousnesse , clemency , goodnesse , and zeale for their subjects wellfare ) that they frequently produce such strange alterations in mens mindes , actions , and so wonderfully metamorphise them from what they formerly were , and thought themselves to be , that if god himselfe by a special prophet from heaven , should predict such a mutation to and in them , they would not believe him . of which we have a memorable scripture president . 2. kings 8. 11 , 12 , 13. hazael a servant to the king of syria being sent to elisha by the ki●g , to enquire , whether he should recover of his disease ? the prophet setting his countenance on him till he was ashamed , wept . whereupon hazael said ; why weepeth my lord ? and he answered ; because i know the evill that thou wilt do unto the children of israel : their strong holds wilt thou set on fire , and their young men wilt thou slay with the sword ; and wilt dash their children against the stones , and rip up their women with child , & hazael said ; but what is thy servant a dog ▪ that he should do this great ( or strang cruel ) thing ? and elisha answered ( only this ) the lord hath shewed me , that thou shalt be king over syria . intimating that his unexpected advancement to and aspiring after the soveraign power , should worke such an incredible alteration as this in him . and so it did . for presently after , he smothered and murdered his owne sick soveraign in his bed , then invaded his crown and reigned in his stead . v. 15. and not long after he invaded the israelites with an army , slaying , & cuting them short , burning their cities , oppressing & tyrannizing over them ( as elisha predicted ) in all the coasts of israel . 2 kings . 10. 32 , 33. ● . 13. 3. 22. 25. should elisha himselfe have risen again from the dead , and foretold to mr. bradshaw and his confederates at whitehall , westminster and in the army , but three or four yeares before their advancements to their new self created supream powers ; that they should so farre degenerate from their first principles , professions , practises within few yeares space , by unexpected advancements and su●ces●es , that contrary to all their former oaths , protestations , vows , covenants , leagues , declarations , remonstrances , commissions , trusts , obligations , relations , judgements , resolutions , and all bonds o● loyalty , duty , friendship , law , justice , they should forcibly undermine , subvert the fundamentals of the kingdom , the rights , priviledges , freedome ( yea being ) of parliaments and their members , more avowedly and desperately then ever beheaded strafford , canterbury or others had done in any former age . that they should engage the parliaments own officers and army against the houses , members , priviledges , and constitution of parliaments themselves ; forcibly secure , seclude , asperse in print , imprison , close imprison not only sundry noble lords , but my self , with many of the sincerest , eminentest members of the commons house , whom they then most honored for their piety , ability , fidelity to the publique interest : impeach , condemne , behead their lawfull protestant king , disinherit his posterity ; sec●ude th● greatest part of their fellow commoners , vote downe the whole house of lords , create 50. or . 60. of themselves a parliament of england , without king , lords , or their secluded associates . arraignes , execute , the king , nobles , peers , knights and other english freemen in a new misintituled high court of justice ( created by themselves alone ) without any lawfull triall by their peers : alter the ancient hereditary monarchicall government of our three kingdomes into a pretended free state , common wealth , and other new-modles ; erect new formes of parliaments , s●als , coynes , writs , courts , legall procedings ; create new treasons diametrically contrary to old ones : suppresse the presbyterian government and party for which they were then so zealous : cut off the head of a presbyterian eminent minister of their owne party ; imprison , sequester divers other godly ministers whom they then most countenanced ▪ preferred . suspent all penall lawes against heretickes , s●hismatickes , blasphemers , priests , jesuites : sell all the ancient church revenues formerly devoted by their ancesters and voted by themselves for the better maintenance of the ministry , and propagation of the gospel ; with the ancient crowne revenues which should defray the ordinary expences of the government . repeal the oathes of supremacy and allegiance , which themselves had taken as members , together with the solemne protestation , vow , league , covenant , made and prescribed by themselves under strict penalties ; and set up a new engagement , point blank against them ( by which they were all abjured ) under such disabilities , forf●itures , paines , as they inflicted on such who out of conscience and detestation of perjury could not submit thereto : impose strange illegall , oppressing uncessant oft-condemned excises , imposts , tonnage , poundage , monthly contributions , shipmony , arrayes , militiaes , and publique charges on the whole nation without grant or consent in any free or lawfull english parliament , as no former times can parallel ▪ and themselves so frequently voted , declared , and passed particular acts and judgements against at the beginning of the parliament ; together with forcible presses of souldiers , mariners , seamen , from time to time against sundry new acts and declarations to which themselves were parties : and that only to keep up a constant standing army in the three kingdomes , to enforce these illegall taxes from them , and keep them under perpetuall bondage to their arbitrary new illegall selfe created powers . that they should hostily invade their nearest , dearest protestant christian brethren of scotland with an army , against the act of oblivion , solemne league , covenant , and all their late obligations to them for their brotherly assistance ; assault , beseige , pillage all their cities , castles , strong holds , and burne some of them with ●●re ; slay many thousands of their bravest soldiers who assisted them , and ●heir stoutest young men with the sword , ( yea hack , wound , maime thousands more of them in a barbarous manner ) * with a rage reaching up to heaven ; slay some , persecute , imprison others of their eminentest protestant ministers , nobles , gentry , in remotest castles ; sell many of them for bondslaves to remote plantations ; forrage , wast , de●troy much of their country with fire and sword , kill many of them with famine ; keep all their whole nation ( like bondslaves ) under constant garrisons , and tributes ; subvert their old civill and ecclesiasticall laws , parliaments , government , imposing new upon them by the sword ; and be so far from repenting , or being greived , humbled for these unchristian cruelties towards them ( upon no other knowne accompt , but their loyalty to their lawfull king , and conscientious adhering to their former government , lawfull oathes , covenants ; ) that though some of them appointed general day of humiliation throughout the land by an * ordinance of the 15. febr. 1642. for the cruel and crying sin of bloud shed , especially of the protestants in queen maries time , and before , amounting but to some hundreds : yet they should after prescribe days of publikethanksgiving for the bloudy slaughters of many thousands of their godly protestant brethren & victories over them , & hang up all their captivated ensignes in triumph in westminster hall , for a perpetual testimony of this their unprotestant , unbrotherly carriage towards them , contrary to the * practise of all godly people in former ages , and many * gosple precepts . that after this they should picke a quarrell with our old protestant friends and confederates of the united provinces by putting new restraints upon their trading , beyond all former presidents , seising their ships , merchandize as consiscate , and then ingage them in a most bloudy warre and fights against them by sea , to the destruction of many thousand merchants , mariners and their families , the impoverishing of both nations , the great decay , obstruction of trade , and grand advantage , rejoycing of our spanish and other popish enemies . that they should pull down the kings armes by speciall order out of all churches , courts and other publique places , yet set up the bloudy crosse ( as the only coat of england for the future , as it hath since been and is still like to be ) in its place ; though they formerly pulled downe , demolished all crosses in such places by special orders , as superstitious , and still permit the kings armes and images too upon his coyn , where they yet passe currant . that whereas christ himself in his gospel commands all christians ; not only to * make prayers , supplications and intercessions for all men in general , and for kings and their very enemies in particular ; but also not to hate , but love their enemies , to do good to them that hate them , and pray for those who dispitefully use and persecute them ; that they may be the children of their father which is in heaven : for he maketh his sun to rise upon the evill and the good , and sendeth raine both on the just and the unjust . backing it with this reason . for if you love them that love you , what reward have you ? do not even the publicans the same ? be you therefore perfect as your heavenly father is perfect ; therefore if thine enemy hunger feed him , if he thurst , give him drink . be not overcome with evill , but overcome evill with goodnesse . in pursuance of which precepts our king * william the i. ( though now branded for an inhumane tyrant by many ) was so christianly charitable , noble , heroicke toward edgar athelirig ( after he gained the crowne of england from the perjured usurper harold by the sword ) that although he was right heire , and his only competitor to the crowne of england , twice set up in armes against him by the english nobility and king of scots to force him from the thron ; yet after all his forces broken , when he was quite deserted by his friends , upon his addresses to him in normandy ; he courteously received him into his favour , entertained him for sundry yeares together even in his owne court ; allowed him an honourable pension of one pound of silver every day , besides a large donation . after which edgar going to the holy warres into apulia with many ships and souldiers , he was in returne from thence , courteously entertained and had many benefits bestowed on him by the emperors of greece and germany , who disired to retain him in their courts ; which courtesie he refusing out of love to his native country , returned again into england where he lived quietly all his reigne . and although * william rufus his sonne , upon some differences arising between them ( amounting to a competition to the crowne ) banished him into scotland for a time ; yet at l●st he received him both into his favour and court too ; and in the 7. year of his reign , sent him cheife commander with an army into scotland , to establish his cosen edgar son of king malcombe , king in the throne , and to expell his uncle dufenald , who had usurped it by violence . ( such was the noblenesse of these successive kings to this-right heire to their crowns ) that yet ●hey notwithstanding should contrary to these gospel precepts , and this domestick memorable president ; contrary to the resolution of a very heathen ; * nihil est iniquius quam aliquem heredem paterni odii fieri : to gods own resolution , ezec. 18. 17 2 chron. 21. 6. 7. c. 28. 27. c. 33. 20. &c. and of our english nobles and nation , in the case of k. hen. 3. whom they crowned for their k. notwithstanding his father k. johns faults ; quia propria patris iniquitas ut cunctis videbatur , filio non debuit imputari : be so unchristian , uncharitable towards their beheaded kings royall posterity , and right heire to the crown , though protestants ; as not only to prohibit all publique prayers unto god for them , under pain of high treason and severest penalties ; to banish them out of all their realmes and dominious , to which they were * borne heires , under pain of high treason and death it selfe , if ever they set footing in them , not to allow any of them , the least breathing place therein ; nor the least standing pension for their necessary support in other climates , out of their owne hereditary large revenues which they have seised on ; to prohibit any other within their territories , publiquely or secretly to ayde or relieve them under paine of high treason , losse of liberty , life , estate : but likewise to treat with other forraign protestant states and princes , to banish both them and their protestant adherents out of their territories ; thereby to necessitate them ( ●o the intollerable scandall of our religion and nation ) to live upon the meer almes of popish princes , and for●aig , ners , like distressed exiles , to the great peril of their soules , and apparent hazards of their seduction from our religion , by exposing them to so manifold temptations provocations to renounce it . of which the * jesuits and papists make great advantage to draw others from us to their romish superstitions : and not content herewith , to treat with those popish princes , stats , where now they are entertained , to remove them out of their dominions , and withdraw all charitable supplies for their relief , that so they may inevitably perish , and have neither being nor subsistance in this world , nor place to r●st their heads in . which transcendent unparalleld proceedings ( as many intelligent protestants conceive ) have been the principle inpulsive cause and argument the jesuites have made use of , to incite the emperor of germany to * banish all the protestants by severest edicts out of bohemia austria , styria , and other his hereditary dominions ? and incensed the duke of savoy by severe proclamation , and by a bloody army of irish and other papists , to massacre many thousands of them , and endeavour their utter extirpation out of his territories , and will probably instigate all popish princes , states of christendome to unite their forces together , to extirpate us and all other protestants out of the world , for these premised unchristian exorbitances , which * militiere and other papists in late printed bookes impute to the principles of the reformed religion . should elisha himselfe , i say , have predicted all or any of these particulars to them before they were acted by them ? and that they should publikely justifie them before all ●he world in many printed papers , and most christian , righteous , just , heroicall actions , without the least remo●se or shame ( as they have done ) i appeal to their owne consciences ; whether they would not have bin as incredulous therof , nay more discontented with the prophet for medling in them , as hazael was , and would not have returned him the self same answer as he did ? or a worse ; what are thy servants dogs , n●y devils incarnate , and the monsters of men , that we should do all these great , strange incredible things ; and yet since they have acted them all over and pursued them with eagernes instead of repenting of them ; and esteem all such their capitall enemies , yea little lesse then greatest tratyors to them and their new republike , who out of cordiall love to their soules , meere conscience towards god , and duty to their native country , shall dare presume to disswade them from , reprehend them for , oppose them in , or move them to sincere repentance for the same : which i beseech them now in the fear of god , seriously to reveiw , retract , reform , if ever they expect grace or pardon before any tribunal of god or men , where they must sooner or latter be * called to accompt for them , notwithstanding all their present power or armed forces to secure them from humane justice ; unable to resist divine . from this perillous corrupting , transforming leaven usually accompanying empire and great honors , the very heathen philosophers and others deduced these three proverbs * honores mutant mores : magistratus virum indicat ; vis nosse virum , committee imperium : and * huldricus zuinglius renders this reason of it . adeo late vast●t hominum mentes rei gloriaeque ●upid● , tametsi interim pulchre celet omnia , & non alia res est quae latentes cupiditates magis exulcerat , qvam imperivm : tunc enim occasionem se invenire arbitrantur , qua maxime grassari possunt . caeterum ubi jam via patet , nemo retrahere potest ut vel moderate videantur concupivisse , &c. he instanceth in two examples to prove what strange alterations , empire and power , operate in mens minds and manners . first in king saul ; next in pythagoras the phylosopher : * who although whiles a private person , he was such an extraordinary , humble , meek , pittifull , mortified , self denying , and cynical a person , that he would neither kill , nor eat any living creature whatsoever , nor any pulse or thing that had red spots or colour of bloud upon it ; renounced all worldly honours ▪ pleasures , profits , pompe , pride ; would seldome converse with men , or utter any word in any company , injoyning almost perpetuall silence to himself and five years taciturnity to all his schollers ere they should presume to speak in publike ; yet no sooner was he made a king by the people , for his transcendent vertues seemingly against his will ; but he became a transcendent bloody tyrant : omnivm ingurgitavit & haud aliter at que ii qui vino adobruuntur ebrius esset , & in innoxios fvreret , &c. vnde pericv lossissima res est qviqvam committere imperivm . to pretermit all other forraign presidents of like nature , enough to fill whole volumes ; i shall instance only in one domestick one , not unseasonable for , and very parallel to our times ; related by sundry of our historians . * william langchamp being advanced from an inferiour condition by king richard the first , to be bishop of ely , popes legate , lord chancellor , chiefe justice and protector of england ( the first who enjoyed that title to my remembrance ) during the kings absence in the holy wars , ann. 1191 , &c. was so strangely infatuated , intoxicated , metamorphosed by these his new honours and powers , that he acted many things , not onely indiscreetly and untowardly , but also most arrogantly , insolently tyranically , unconscionably covetuously and cruelly ; tyrannizing beyond all measure over his fellow ▪ commissioners the kings own brethren , all the nobility , clergy , gentry and commonalty of the r●a●me whom he perpetually greived , oppressed with manifold continual and needlesse illegal exactions , pressures , proud insolent speeches and behaviour , purveyances , proling officers , troopers , guards , garrisons , who by some means or other got all the wealth of the kingdome into his and their hands ; by placing , displacing all officers , and disposing all offices , preferments in the realme at his pleasure , by imprisoning , crushing , trampling under feet all such who durst oppose , or appeal against his tyrannicall exactions , procedings , usurpations against their ancient liberties , priviledges , rights , laws , as guilty of high treason or sedition . and to keep the nobility , clergy , people in this servile condition under him , he kept a perpetuall guard of frenchmen and flemings about him , never riding abroad with lesse then 1500. horse to guard him , and commanded all the nobility and their sonnes to attend upon him , and matched his neeces and kinswomen to them , the better to secure and strengthen himself : yea , he displaced all the officers appointed by the king , and under pretext of suppressing thieves and tumults , placed garrisons of his own creatures , rather to destroy then govern it ; who kept great troops of cruel and barbarous souldiers , which rode about armed in every place to terrifie the people , and be the most wicked executioners of his violence , rapine , coveteousnes , exactions ; sparing neither clergy man , monke , nor layman , and committing many outrages , and cruelties in all places without punishment . and not contented herewith ( being sensible of the nobilities , clergies and peoples indignation against him for these his exorbitances and oppressions ) he sent for div●rs forraigne forces of his friends and confederates , placing them in the castles and garrisons of the kingdome for his greater security . by which tyranicall courses , multis terrorem incussit , siluit ▪ regnum angliae à facie ejus , nec fuit , qui obmurmuraret ●um sibi in anglia nihil ad ex●vgnandum restaret , writes mathew paris . in briefe nu●rigensts records , that the laity o● england experimentally found him more then a king ; and the clergie more then a pope , but both of them an intollerable tyrant . solis complicibus et copri●toribus suis innoxius : caeteris indifferentur , non tantum pecvniarvm ambitv , verum etiam dominandi volvptate erat infestvs , for by reason of his dovble power ( or rather treble , civill , ecclesiastical & military ) he usurping the militia into his own hands alone ) he put on the person of a double tyrant most arrog●ntly domineering both over the clergie and people , making use of both his powers , the more easily to accomplish his designes , and crushiug those with his military and royall power , whom he could not subdue with his ecclesiasticall authority . non erat qui se absoonderet à calore ejus cum & secularis in eo virgam vel gladivm apostolicae potestatis timeret : his pompe and pride was more then royall almost in all things ; yet , such was his secret * fear in the midst of his greatness : that clericorum stipatus catervis militvmqve vallatvs agmini●vs , orientalium more regum tanqvam in expeditione jvgiter positvs armatorvm circa cvbicvlvm svvm habere excvbias volvit ; keeping great armed guards about him day and night ; wheresoever he was , or went. hereupon the nobility and people unable to suffer his intollerable insolencies and oppressions any longer , complained most greivously of them ●o the king ; who thereupon writ to some nobles to examine and redresse these greivances ; and upon the instigation of earl john the kings brother , the nobles of england raysing great forces , to suppresse and eject this tyrant , met in a kinde of parliament the saturday after michaelmas , anno. 1191. at l●don bridge between reading and winds●r ; and after that in pauls church , and on the east part of the tower of london , where all the archbishops , bishops , earls and barons there assembled agreed , and resolved the unanimous conscent of all ; vt talis de caetero in regno angliae non dominaretur , per quem ecclesia dei ad ignominiam , et popv●vs ad inopiam traheba●vr . ipse enim cancellarius et satellit●s ejus , omnes regni divitias it a exhavserant , vt nec viri baltheum argento redimitum , ne faeminae monile , nec viri nobili annulum , vel judaeo relinquerent the saurum , vel quidlibet precio●i . the saurū quoque domini regis adeo evacua ▪ verant ▪ ut in scriniis au●●lit●llis , nihil praeter c●aves et vasa vacua possent de elapsa biennio inveniri . provisum est etiam . vt o●●ia castella , quae pro libitu suo idem cancellarius cu●todiae satellitum suorum commisserat , redderentur , & in primis ipsa turris londinensis . this insolent oppressor now finding himselfe unable to resist the nobles ( most of his freinds , rebellious forces deserting him in his distresses ) fled to the tower of london , refusing to appear before the lords , for fear of violence , notwithstanding security tendered to him ; but at last being necessitated thereunto , he sware to perform whatsoever the lords had decreed , giving sureties to surrender up all the castles to them , and to depart the realm . whereupon laying down his offices and legates crosse , he came to dover ; thinking in a clandestine manner to passe the seas : and the better to deceive the marriners eyes , he disguised himself in womens apparel ; virum in faeminum convertit , dum vestem sacerdotis in meretricis habitum commutavit ; tunica virida faeminea indutus . but being casually discovered by a mariner to be a man , ( who desired to make use of him as his strumpet ) and that hatefull chancellour whom so many had cursed and feared , a company of women and vulgar people in great despite , threw him to the ground , spit upon and beat him very sorely , dragged him by the heeles along the sands , and would ( no doubt ) have torn him in pieces , had not some of the burgesses of the town rescued him out of their hands , and thrust him into a seller , where he was detained prisoner till they knew the lords pleasure concerning him . * thus he who but a few moneths before was honoured and feared by all men like a demy-god , attended with so many officers , nobles , guards , and pretended friends being once down and standing in need of his friends help , had no man to defend or speak for him , no man that moved a tongue or finger to rid him out of his present calamity , lying long in this sad pickle , till at last being set at liberty by some bishops means , he passed with scorn and contempt into normandy , his native country . let those who now imitate him in his tyrannies , oppressions , insolencies , rapines , and imposing armed guards and garrisons on the nation to enslave them , take heed they follow him not in his sudain shamefull downfall . from these and infinite other presidents of mens strange degeneracies & transmutations by their high honours , powers , in all ages , we may well cry out with godly * zuinglius quis nunc tuto cuiquam committat imperium , cum simplicissimos & sapientissimos videamus imperio immutatos esse ? and let all consciencious christians truly fearing god , learne these profitable instructions from the serious contemplation of them . 1. not over severely to aggravate , censure the exorbitances of our late or former kings , or their officers , counsellors , courts ; since other late reformers who have most eagerly declaimed against , censured , condemned and totally suppressed them as the greatest grievances and tyrants , have farre transcended them ever since in their very worst exorbitances , and degenerated into more absolute tyrants , oppressors , grievances in most kinds then they were hertofore , as their late acts , edicts , actions and speeches proclaim to all the world . 2. not greedily or ambitiously to seek after empire , soveraignty , power , magistracy , great offices , or preferments ( * * being so full of perils , cares , feares ) especially , by violent , fraudulent , corrupt , unlawfull meane● , but rather modestly and carefully to decline them , for fear of being depraved , altered , and brought if not to temporall , yet to eternall ruine by them , as thousands have been . thirdly in case they be lawfully called , urged , and in a manner enforced against their wils , without their solicitation to any places of great power , trust , or honor , to be very cautious how they undertake them , to examine their owne abilities faithfully to discharge them , with the strength of their christian graces to resist , conquer , those manifold temptations unto sinne , and grosse corruptions , which usually att●nd them ; and earnestly to seeke to god by prayer for speciall direction in the acceptance or rejection of them . fourthly , if god and their own consciences upon warrantable grounds encline them to embrace such powers or preferments , then to make it their earnest prayer to god ( as * solomon did ) to bestow upon them an extraordinary measure of grace , wisdom , knowledg , courage , diligence and sincerity , to mannage them rightly to gods glory , the peoples weal , happinesse ; and to avoid all those corruptions , temptations to oppr●ssion , injustice , pride , violence , &c. which usually attend them . fif●hly , to engrave these sacred scriptures alwaye● in their hearts and memories : 2 sam. 23. 3 , 4. he that ruleth over men must be just , ruling in the fear of god : with 2 chron. 19. 6 , 7. rom. 13. 3 , 4. 2 chron. 9. 8. jer. 7. 5. 8. c. 23. 5 , 6. zech. 7. 9 , 10. execute true judgment throughly , for ye judge not for man , but for the lord , who is with you in the judgment : take heed what you do ; and shew mercy and compassion every man to his brother . and oppresse not the widdow nor fatherlesse , the stranger nor the poor , and let none of you imagine evill against his brother in his heart . matth. 7. 12. all things whatsoever you would that men should do unto you , do yee even so to them , for this is the law and the prophets . as likewise rom. 11. 21. be not high minded , but fear : for if god spared not the natural branches , take heed left he also spare not thee : 1 cor. 10. 12. wherefore let him that thinketh he standeth , take heed lest he fall . and withall to imitate our pious saxon king edelwolf , of whom abbot * ethelred gives this encomium , hi● in regno terreno semper meditabatur c●leste ; ut manifeste daretur intelligi , eum non victum cupiditate , sed charitate provocatum , alienae necessitati regnando consulere , non suae voluntati dominando satisfacer● . sixthly , to beware how they give the least way , to any unjust or unrighteons project , judgment , commitment , imposition , action , * contrary to the known laws of god or the land , to the prejudice of any private person , or the whole nation , upon any pretended necessity , extremity , conveniency , publique advantage , or to satisfie the unjust desires , or commands of an● powers or persons whatsoever : least it prove an inlet , and leading president to far more , worse , greater exorbitances , injuries , oppressions , sins , and necessitate them at last to defend one wickednesse or act of injustice , by another , till they plung themselves over head and ears , beyond recovery in sin and damnation , to their temporal and eternal ruine . * principiis obsta : is the best resolution in such cases . seventhly , diligently to examine by the rules of law conscience and right reason , every action , project , designe proposed to , or imposed on them , by these three notable interrogatories of saint * bernard : whether it be lawfull ? decent ? expedient ? and if upon due confideration , it faile in any of these three circumstances , then peremptorily to reject it , proceed no further in the execution ; but rather willingly to quit their offices , honors , powers , then their justice , honesty consciences in such cases ; according to our saviours advice , matt. 16. 26. and the apostles resolution , acts 4. 19 , 20. and c. 5. 29. we ought to obey god ( and the laws too ) rather then men . eighthly , to * listen with a willing ear and thankfull heart to the informations , admonitions , oppositions , reprehensions of their reallest christian friends , and eminentest sincerest patrons of their countries laws , rights , liberties , in all cases of publick concernment ; rather then to meer creatures & ▪ dependents of their own , or to the suggestions of projecting self-seekers . and when they are opposed by such in any of their designes , to consider that excellent saying of seneca , which will not only mitigate their anger against such , but reclaim them from such injurious prosecutions and designes . * quidam verò non tantū justas causas standi contra nos , sed etiam honestas habent . alius patrem , alius fratrem , alius patruum alius amicum : ( alius patriam ) his tamen non ignoscimus id facientibus , quod nisi facerent , improbaremus . immo , quod est incredibil● . saepe de facto bene existimamus , de faciente male . at me hircule vir magnus & justus fortissimum quemque ex hostibus ' suis . et pro libertate ac salute patriae pertinacissimum suspicit : & talem sibi civem , talem militem contingere optat turpe est odisse quem laudes , &c. which had my injurious imprisoners duly considered before they committed me close prisoner , they would have been more ashamed to commit me , then now they are ashamed of my long injurious imprisonment , without any legall ground or cause . if any in present or future power , contemning these christian instructions , and all laws of god and man , shall think to support themselves in any arbitrary , violent , illegall , oppressive wayes to the generall oppression of the people , by the power of armed forces . let them remember that of psalm 33. 16. there is no king saved by the multitude of an host : a mighty man is not delivered by much strength . and know that all the hosts , guards under heaven can neither save nor secure any unrighteous violent tyrants or , oppressors from the justice of that omnipotent god , who hath decreed , psal . 140. 11. evill shall hunt the man of violence to his overthrow : that bloody , violent and deceitfull men shall not live out half their dayes , be brought down by him into the pit of destruction . psal . 55. 23. and that all those who take the sword , shall perish by the sword . mat. 26. 42. which the histories of all ages , places , zach. 9. 1 , 2 , 3 , 4 , 5. isay . ●4 . 10. to 20. worthy their saddest perusall with the forecited president of william lanchamp sufficiently confi●me ; their very armies , guards themselves becoming many times their executioners , as seneca de clementia l. 1. c. 25 , 26. most elegantly records . yea sometimes the most victorious generals , armys , when they prove treacherous too , and mutinous against their soveraign lords and masters , contrary to their oathes , trusts , become mutually treac●erous and destructive to each other in conclusion : of which i shal give you only one memorable example . when alexander the great , his captaines had after all his conquests poysoned him , murdered his mother , wives , sonnes , and all his kindred , and divided his kingdomes , dominions and conquests between them , by divine justice for his unjust , ambitious invasions of others crowns , and territories ; their own ambition & covetousnesse , presently armed them against each other , till they and their old victorious conquering army with thousands more were totally slaine and destroyed one by another . amongst the rest * eumenes ( the greatest polititian of them all , and inferior to none of them in valour ) to whom cappadocia and paphagonia were asigned ; having gained two victories against his opposites ; and routed antigonus and his army in a third battle with part of his forces ; the arggraspides ( alexanders old invincible army , by whom he obtained all his conquests ) growing mutinous and contemning his commands , because some of antigonus forces in that battle had taken their wives & children , prisoners , with all the spoyles and rewards of their long warfare . thereupon they refused to fight any more to regain their wives , children , plunder and openly reviled * eumenes as the cause of this great losse of all they had gained in the former warres , by engaging them in new wars in their old age , with vaine deceitfull promises . and presently ( without their captains knowledge ) sen● secret messengers to antigonus , petitioning him , to restore their wives , children and plunder to them ; who promised to restore them , if they would deliver up eumenes to him . whereupon they forthwith seised upon eumenes , as he was endeavouring to escape their hands , and bound him in chains to carry him captive to antigonus : upon which craving leave to speak to the army , which was granted : he used these expressions to them , shewing them the chaines they had treacherously laid upon him against their oaths . * cernite milites habitum atque ornamentum ducis vestri ; quae non hostium quisquam imposuit : nam hoc etiam solatio foret ▪ vos me ex victore victvm , vos me ex imperatore captivvm fecistis : qvater intra hvnc annvmin mea verba jvrejvrando obstriati estis : & ista mitto . verum oro : si propositorum antigoni in meo capite summa consistit , inter vos me velitis mori : nam neque illius interest , quemadmodum aut ubi eudam , & ego fuero ignominia mortis liberatus . hoc si impetro , soluo v●s jurejurando , quo toties vos sacramento ▪ mihi devovistis . aut si ipsos pudet roganti vim adhibere , ferrum huc date , & permittite quod vos facturos pro imperatore jurastis , imperatorem pro vobis sine religione juramenti facere . when they would neither slay him themselves , nor permit him to kill himself , upon this his patheticall request , turning his intreaties into imprecations against them , for their perjuries , treacheries to him , and their other generals , he said . at vos devota capita , respiciant dii perjuriorum vindices , talesque vobis exitus dent , quales vos ducibus vestris dedistis . nempe vos iidem paulò ante , & perdi●ae sanguine estis aspersi , & in antipatrum eadem moli●i . ipsum denique alexandrum , si fas fuisset eum mortali manu cadere , interempturi ; quod ●aximum erat , seditionibus agitastis . vltima nunc ego perfidorum victima : ●as vobis diras atque inferias dico , ut inopes , extorresque omne ●vum in hoc castrensi exilio agatis , devorentque vos arma vestra quibus●plures vestros quam hostium duces absump●istis . after which commanding his keepers to go before with him to antigonus his tents ; the whole army followed their general whom they thus betraied , who being himself a captive , led the triumph of himself and his army likewise into the tents of his conquered enemy , delivering up all the fortunes , successes of king alexander ; all the palms and lawrels of so many wars and victories , together with themselves into antigonus his hands ; together with the elephants and eastern auxiliaries following them , that nothing might be wanting to the triumph . antigonus overjoyed with this unexpected successe , more glorious to him then all alexanders victories , in that he had thus overcome those by whom alexander had conquered the world ; divided these conquerours of the world , through out his army ; restoring what was taken from them , according to his promise . but in a few dayes after * ibricius by his command , put all these mutinous argyraspides conquerours and plunderers of the world to the sword , destroying every man of them , not so much as one escaping ; & prohibiting eumenes to come into his presence , verecundia prioris amicitiae , committed him to custody , and soon after caused him to be slain ; being not long after slain himself in a battle by his former fellow captains under alexander , who destroyed each other by the sword . this was the tragicall end of alexander himself , and of all his victorious old conquering , plundering , treacherous officers and whole army too ; which our conquering , domineering army , officers , souldiers now , with all depending on their support , may do very well advisedly to consider , upon this information of their late long causelesse prisoner , under their strictest guards ; who shall close up all with solomons words , ( which he hopes to finde experimentally verified , for this his impartiall discovery ) : prov. 28. 23. he that rebuketh a man , afterwards shall finde more favour , then he that flattereth with the tongue : and prov. 9. 8 , 9. rebuke a wise man , and he will love thee , give instruction to a wise man and he will yet be wiser ; teach a just man , and he will increase in learning . finis . courteous reader , i shall desire thee to excuse these many errata's through the authors absence by the printers . in the epistle to the reader , p. r. l. 2. read philotas , l. 6. r. hominus , l. 8. r. ipse , p. 2. l. 29. r. years , p. 4. l. 1. r. to our laws , l. 3. r. putting , l. 18 r. and , l. 26. r. posterum , pace , l. 27. ejectionem , l. 34. blade was secretly , p. 6. l. 27 , 28. r. hisce tineis , p. 7 , 19. r. quod cum assecuti , l. 36. jesuitas , p. 9. l. 16. r. odium of them to these , p. 10. l. 3 r. whom our , p. 11. l. 29. r. preposterously or preproperously . in the letters p. 4. l. 24. r. all our , p. 8. l. 23. as sir , l. 27. cause justly ; the certain cause , p. 15. l. 17. r. and that before , p. 16. l. 11. r. i am resolved , l. 23. r. to canterbury , p. 27. l 12. r. that justice , p. 39. l. 15. r. to whitehall , p. 36. l. 4. 12. r. 1 , 2. l. 5. 18. ed. 1. l. 12. tyrany , p. 39. l. 33. c. 19. r. 1 , p. 41. l. 21. r. and tryall . in the margin of the letters , p. 5. l. 11. e. 3. r. 2 , l. 18 , 19. e. 1. r. 3 , p. 9. l. 4. hunny , r. hunne , p. 10. l. 2. r. wenderhagen , l. 11. sperots , r. specots , p. 39. l. 151. r. 551 , l. 14. r. dangerous manner , p. 39. l. 6. 12. r. 1 , 2. l. 10. r. now no such , l. 30. e. 8. r. 3 , p. 40. l. 8. r. but by , l. 9. freed r. tryed , l. 27. with r. by , p. 42. l. 10. there . r. therefore . in the remonstrance , &c. p. 3. l. 3. 10. r. 60 , l. 24. r. tuall , p. 4. l. 21. r. forceably , l. 28. r. sort , p. 5. l. 11. r. hand , p. 6. l. 35. r. to carry to her p. 7. l. 12. gear . r. clerke , p. 9. l. 10. r. gorges , l. 38. r. years , p. 11. l. 3. r. any , l. 20. borders . r. boards , p. 22. releasing . r. relieving , p. 12. l. 27. r. and muskets , p. 13. l. 26. r. letters , l. 32. r. this , p. 14 l. 1. r. dispersed , p. 15. l. 8. eyes . r. legs , l. 18. r. putrid , p. 16. l. 2. r. binde up l. 15. estates . r. state , p. 18. l. 1. r. liberty , p. 21. l. 7. in , r. or , the r. your , l. 37. r. changes , p. 23. l. 3 r. dele , and to defray his extraordinary prison expences , p. 24. l. 17. r. motion , l. 27. r. recordership , p. 25. l. 9. r. against each other , p. 26. l. 15. r. strange purgatories , l. 25. r. and all other petitions , p. 28 : l. 11. r. all , l. 24. r. they had , p. 29. l. 23. r. you rather p. 30. l. 3. r. prosecute , l. 13. r. by your , l. 29. r. at law , p. 32. l. 7. r. expuing , l. 34 r. as impiously , p. 32. l. 15. or . r. of , p. 35. l. 15. r. parties to , l. 26. r. privities , l. 29. 12. r. 1. 2 , p. 36. l. 35. one . r. owne , p. 37. l. 36. for a r. this colonel , p. 38. l. 16. r. be kept . l. 18. h. 7. r. h. 4 , p. 40. l. 37. dele and , p. 42. l. 22. him , r. and , p. 44. l. 34. matrosses , p. 47. l. 1. r. really , l. ● . r. power , p. 48. l. 14. r. sensuall , l. 27. r. plunderers , p. 49. l. 26. the , p. 51. l. 1. if , p. 52. l. 22. which , p. 54. l. 28. r. intelligat , l. 30. sim , p. 58. l. 16. r. branch of , p. 60. l. 17. concessions , l. 37. 2. r. 42. e. 3 , p. 61. l. 10. r. their , l. 25. if that , p. 62. l. 5. r. dangers , l. 11. r. obtaine . notes, typically marginal, from the original text notes for div a91227-e520 * qu. curtlus hist . l. 6. p. 262 * psal . ●4 18. 19. 32. 2 tim. 3. 10. 11. * dated febr. 5. 1652. * dated febr ▪ 28. 1652. * jo. cambilhonius de abstrusioribus jesuitarum artibus et studijs ▪ lud. lucius hist jesuitica . l. 1. c. 7. p. 17● . l. 4. c. 1. p 364. speculum . jesuiticum . p. 306. 307. * 〈…〉 hist . 〈◊〉 l. 3. c. 2. p. 306. * see that of . 18 octob. 1591. 15. nov. 1602. * thuanushist l. 138. hospinian . hist . jesuit . l 3 ▪ and 4. speculum jesuiti●um . p119 and ludovicus lucius . hist . jesuitica . l. 4. c. 〈◊〉 where it is printed at large . * see lud. lucius hist . jesuitica . l. 2. c. 3. and hospinian hist . jesuit . l. ● . * see lud. lucius . hist jesuitica . l. 4. c. 8. p. 640. * lud. lucius . hist . jesuitica . l. 4 c. 5. p. 53 5. * and did they not corrode and devour our lawes of this nature . * and have not they instigated the english themselves to do as much of late ? * and is not ours more dangerously corroded amongst us . * lud. lucius hist . jesuitica . l. 3. c. 3. p. 329. * lud. lucius . hist . jesuitica . l. 3. c. 2. hospinian hist . jesuitica . l. 4. * see lud. lucius . hist jesuitica . l. 3. c. 2. p. 318. 319. * hath not this been their study and meditation of late years amongst us ? * see militiere , his victory of truth . cornelius cornelij praefatio , ad s. trinitatem . commentarlis in minores prophetas . * see cooks 4. instit . c. 1. 6 , 7. ● 10. 11. 27. h ●8 . c. 24. 26. cromptous jurisdiction of courts ; brooke , rastall , ash . title , courts , iustices , and coram non iudice . * see the arraihnment of the engagment packe of old english puritans , and other printed treatises against the engagement . job . 7. 11. * 2. cor. 11. 23. * math. 5. 12. rev. 22. 12. notes for div a91227-e4390 * b● means i 〈◊〉 against . * it is the ●●●perty of 〈…〉 & robbers , ●● break up & enter mens houses in the night ( being no legall time for arrests ) 〈◊〉 2 〈◊〉 43. lu. 12. 39. 1 thess . 5. 2. * if the late kings definition of the malignant party be true : exact collection p. 288. by ●●e maligant party they intend all the members of both houses , who agree not with them in their opinion , and all the persons of the kingdome , who aprove not of their actions : they who have stood ●toutly and manfully for the religion , the liberties , the laws , for all publick intere●● : ( so long as there were any to be stood for ) they who have allway s been , and are as ●ealous professors , and able and earnest defenders of the pro●estant doctrine again●● church of rome , as any are . they to whose wisdome , courage and counsell ●●e kingdome oweth so much as it can to subjects , and upon whose unblemished w ays , ea●y ●t self can lay no imputations , then i am a malignant , else not . * see b ooks abridg●m●nt . tit. officers . ra●●als ●bridgm●nts tit. sherif●s justices of peace , constables , 〈◊〉 ma●ors &c. and oath 9. e. 3. stat. of lincolne . 1. ● . 3. c ▪ 4. 14. e. 3. c. 11. 13. e. 1. ● . 37. 13 ● . 2. c. 7. 18. h. 6. c. 11. 27. el●z . c. 12 12. e. 1. c. 10. . 14 e. 1 c. 8. 28. e. 3. c. 6. * m. st. johns argument at law , at his attainder . * witnesse m. lemot , aad others , near the ●xchange , and sir edward hales in white-fryers . * see daltons & cromptons justice of peace , poulton and others . 2 and 3. phil. and mac . 10. 11. h. 7. c. 7. * deut. 13. 12 , 13 , 14 , 15. iosh . 22. 12. to 34. * gen. 11. 5 , 6 , 7. c. 18 , 21 , 22. * as the duke of gloucester was at calis , and hunny the martyr was in lollards tower. * see rastals abridgement , gaol and gaolers . * a new discovery of the prelates tyranny . p. 137. 138. &c. 165. to 179. * joan : ang : wondenhagen polit. synopt . l. 2. c. 1. sect . 10 where the various acceptionsof the word common-wealth are sp●cified . * sperots case 7. report . f. 57 , 58. * a new discovery of the prelates tyranny , p. 9. 142. * ibidem p. 15 , 16. 139. 140. * ibid●m p. 85 , 86 , 87 , 137. 138. 141. 142. * and so declared by the whole house of commons , in their remonstrance of the state of the kingdom , 15 d●cemb . 1641. exact coll. p. 6. 8. 11 , 12 , & confessed by the king himself in his declaration of aug. 12. 1642. exact collect. p ▪ 518. * acts 24. 6. * see a new discovery of the prelates tyranny , p. 170 to 181. where this point is fully debated . † 2 sam. 1. 20. * see mr. st. johns spe●ch concerning it at the judges impeachment . and the kings answer to the petition of both houses , exact coll. p. 127. 518. 586. 879. 858 , 882. * whence the king in his answer to the declaration of the lords and commons of the 19 of may 1641. exact collection p. 252. thus adviseth bo●h houses , to take heed of inclining under the specious shew of necessity & danger , to the exercise of such an arbitrary power they before complained of . the advice ( saith he ) will do no harm , and we shall be glad to see it followed . * 2. ch●on . 28 6. to ●6 . ezech 18. 7. 12. 13. 16 , 17 , 18. isay 58. 6 , 7 , 8. obad . 10 to 17. mic. 2. 1 , 2 , 3. lu. 19. 8. acts. 16. 33 , 34. * an exact collection . p. 6. 11 , 12. 31. 37 , 38. 156. 500. a new discoveoy of the prelates tyranny . p. 15. 138. 140. in the cases of dr. bastwick , and mr. burton . * ex●ct c●llection . p. 6. 11 , 12. 35. 37 , 38. and 156 , 157 ▪ * the true custody and safeguard of all publick and private interests , the inheritance of every subject , and the sec●ty he can have both of his l●fe , liberty , or estate : and the which being dis-esteemed , or neglected , ( under what specious shews soever ) a very great measure of infelicity , if not of irreparable confusion , must without doubt fall upon them : as the king himself and both houses declare . exact collection . p. 28 , 29. 267. 284. 491 , 492. 494. 503 694. * the deniall whereof is charged by the commons as a great illegal grievance and evill . exact collection p. 6. * magna charta ▪ c. 29. notes for div a91227-e12940 a and thinkest thou this o man that judgest them which do such things , and dost the same , that thou shalt escape the judgement of god ? rom. 2. 3. b a new d●svery of the prelates tyranny . p. 15 , 16 , 120 , 121 , 128 , 132 , 137 , 140 , 225. c a new discovery &c. p. 137 , 138 , 139. nota , d see exact collection , p. 558. 559. witnesse excise , tonnage and poundage , monthly contributions , quarte●ing of souldiers ; new oaths and judicatures without and against law ; ta●ing away mens armes , breaking open mens hous●s , imprisoning and confini●g their persons . e exact collection , p. 8. f exact collection , p. 35. g exact col. p. 38 , 39 , 41. nota. nota , h exact collection p. 77 , 78 , 156 , 157 , 458 , 483. i ●x●ct coll. p. 6. k matth. 25. 41. to 46. l lev. 25. 14. ez ▪ c. 18. 12 , 13 psal . 10. 14 , 18. 1 cor. 6. 8 , 9. col. 3. 25. mich. 2. 1 , 2 , 3 ▪ m rom. 3. 3. n exact collection , p. 518 , 838 , 879 , 882 , 885 , 886. o little on chap. remitter . p exact collection , p. 127. q exact collection , p. 252. r rom. 2. 3. 16. to 25. ſ exact colle ction , p. 10 492. t and is not this the present case of most of the nobility , the late s●eluded , secured members ; and all conscientious presbyterians throughout the realm , wh● dare not violate their former oathes , covenants , protestations , declarations , remonstrances , publ●shed to all the world ? & of my self ▪ t and is not this the present case of most of the nobility , the late s●eluded , secured members ; and all conscientious presbyterians throughout the realm , wh● dare not violate their former oathes , covenants , protestations , declarations , remonstrances , publ●shed to all the world ? & of my self ▪ v is not this your very practice now ? witness the proceedings against the r●fusers of the engagement , who are thrust out of all publike offices , ●laces ●f trust , deprived of their callings , augmentations , sequestrations , all present and futu●e preferments and degrees in the church , universities , innes of court , &c. yea deprived of the law it self , their inheritance and birth-right , like outlaws , the hight of tyranny and injustice . x for that which is my case to day , may be many or any others tomorrow . notes for div a91227-e15880 b psal . 123. 8. esay 57. 15. 1 tim. 6. 16. b 1 tim. 6. 15. psal . 47. 2 , 7. c ephes . 2. 10. c. 3. 12. d ps . 34. 15. e psal . f luke . 18. 2 , 3 , 4 ▪ 5 , 6 , 7 , 8. g plutar●●i apothegmat● . h a new discove●y of the prelat●s tyranny . p. 142. resolved upon the q●estion , that the war●ant dated 27 of august 13 caroli , made for the transportation of mr. p●ynne from carnarvan castle to the isle of jersey , and his imprisonment there , & other restraints therein mentio●ed , are against the law and liberty of the subj●ct , and that he ought to be discharged of that imprisonment , and to have reparations for his damages susteined thereby . i condemned by the declaration and judgement of both houses , exact collection , p. 853 , 854 , 855 , 8 87. k exact coll●ction . p. 242 , 28 , 29 , 267 , 500. l hab. 17. m jan. 4. 1648. n see my v●nd●cation of the subj●cts l●●e●ty against ●llegall t●xes . exact coll●ct●o● , p. 882 , 883 , 884 , 885 , 886. o exact col●etion . p. 380 , 442 , 462 , 485. 469. 478. 550 , 551 , 850 , to 890. p exact collectio● , ● . 575. q and are not they sopractised now , in the very self-sam● , or a ●●rr more dangerous in this and others particulars ▪ r by an expres●e warrant of the new , rash , inconsiderate militia , grounded on yours at white ▪ hall . notes for div a91227-e18530 a contrary to 2 and 3 phil. and mar. c. 10. ●nd the common ●aw , cook 2 institu●es . p. 51 , 52 , 53 , 54. b acts 12. 3 , 4 , 5 , 6. c exact collection , ● . 8 11 , 12 , 13. 312 , 322 , 666 ▪ 364 , 462 , 466 , 470 , 472 , 483 , 550 , 551 , 767 , to 773 , 812 , 813. 845. 846 , 851 , 852 , 854 , 855 , 887. a collection . p. 424 , 425. 877 , 879. d a n●w discov ry of the b shops tyranny , p. 139. to 179. e declaration of th● 17 march , 1648. adulatio perperuum m●lum regum . qu. curtius , ● hi●l . l. 8. f exact collection , p. 663. 666. a collection , p. 227. 310 , 420 , to 428. 458 , 459 , 878 , 879 , 889. g exact collection p , 267 666. 491 , 492 , 493 , 852 , 854. h 11 feb. and 17 march , 1648. i acts 24 , 5. k see a new discovery of the bishops tyranny , ● . 172 , 173 , 174. l see 5 e. ● . c. 8. 5 h 4. c. 10. 29 h. 8. c. 2. 27 e. 4. 71. brook imprisonment . 80. cooks 2 institutes p. 43. m see magna cha●ta ● . 12. 13. 29. 4●● . 3. c. 1 5 9. 13. 26 ▪ 20 e. 3. ● . 12. 13. 27. h , 8. c. 16. 24. 1. e ▪ 6. c. 7. 10 ▪ which prove that there are now . n see cooks 2 ▪ institutes on magra charta c. 14. & 29. 3. instit . c 12. &c. brooks and fi●cz . title tryall and c●ron● , and so adjudged in parliament in the earl of lancasters case , mo●t●mers case , and the 2 spencers case , and others . cook 2 instit . p. 48. 4e . 3. r●t . par. n. 14. 15 e. 8. ● . 6 8. 44. 49. 51. 17 e. 3. n. 22. 28 e. 3. n. 7. 10. 16. ●0 r. 2. n. 7 , 8. 2 h. 5. n. 15. o iob. 2. 4. p all p●n●l s ●t●●es , c●e●ting any 〈…〉 nact , that no of fe●ders shall be pun●shed by ●nd●ctment ▪ and freed by a ju●y of ▪ their peers , acco●ding to m●gna charta , & the common law , and by the statutes of 18 h. 6. c. 19. 2 e. 6. c. 2. ● & 5 phil. & mar. c. 3. s●uldiers departing without license f●om their service , are to be punished with indictment , and tryed by a jury , not by martial law ▪ cook 6. report . f. 27. & the petition of right . 3 carol ▪ q exact collection . p. 8 ▪ r se● ch . a●urder ●●●stit . p. 48. and 4 insti● . 〈◊〉 co●●t . s psam . 137. 8. ●er . 51. 34. 36 , 37. 56. 〈◊〉 10. 14. i●ay . 31. 1. judg. 15. 10 , 11. f●r . 50. 15. 29. 2. sa● . 3. 39. ps . 94. 20 , 21 , 23. ps . 109. 15 , 16. isay . 3. 11. t see gen. 4. 10. to 16. c. 9. 5 ▪ 6. c. 42. 22. nu. 35. 30 , 31 , 32 , 33. deu. 19. 10 to 14. c. 32. 43. 2. sam. 4. 11. 12. 1. kings 2. 5 ▪ 9. 31 , 32 , 33 , 37. c. 21. 19. c. 22. 38. 2. k. 9. 7 , 8. c. 24. 4. ps . 9. 12. ps . 19. 10. ps . 94. 21 , 22. prov. 1. 16. 18. c. 28. 17. isay 59. 2. to 13. j●r . 19. 3 , 4. c. 51. 35. ez●●h . 16. 38. c. 22. 2. to 12. c. 24. 6. ●o 10. c. 35. 5 , 6. hos . 4. 29. c. 6. 8. joc● . 9. 19. mi●h . 3. 9. 10. 12. c. 7. 2. 4. hab. 2. 8. 12. 17. math. 23. 35. c 27. 25. acts. 5. 28. r●v . 6. 10. c. 19. 2. 2. sam. 21. 12. &c. v ●am . 2. 11. num. 35. 20 , 21 to 34. ps . 10. 8. 2 kings . 6. 32. isay 1. 21. jer. 4. 31. acts. 7. 52. * ci●●ro & e●asmi adagia . x and thereof right be longing to me , as was resolved in justice ric●els case 1. h. 4. ro● . pa l. memb ▪ 2 ▪ n. 1 y the kingdom of england and scotland in their joynt de●laration of 3 jan. 1643. a coll. p. 417. 418 ▪ find themselves ●ound in conscience to declare , that no man who h●th been emin●nt in action , or hath suffered any notable loss● for publike , shall be neglected or slighted , but one way or other shall be thankfully remembred to his own honour , and the good of his post●●ity . and is your close imprisonment of me and seising of my writings , &c. a real fulfilling of thi● promis● ? notes for div a91227-e23940 a see a new discovery of the prelates tyranny . b acts 24. 26. c sir edw. cooks 2 , 3 , & 4 institutes . mr. st. johns speech against shipmon●y . indgement and argument at law against strafford . mr. hackwells argument against impositions . judge crookes , and huttons arguments against shipmoney . d num. 30. 2. p● . 15. 4. josh . 9. 19 , 20 , &c. 2 sam. 21. 1 , 2 , & ps . 89. 33. 34. heb. 6. 17 , 18. prov. 17. 12. to 24. grotius de jure belli & pacis , ● . 2. c. 13. ● . 3. c. 19. e the p●●nted arguments and papers of th● commons house , 3 caro●i in the g●ntlem●ns cas●s , impriso●ed ▪ for the i●ans , cot●o●i posthuma , ● . 222 . ●o 296. exact . collection . p. 6. to 13. 35 , t● 42. 147. 492 500. 845. 850. to 890. a new d●scove●y of the pr●lates tyranny . p. 136 to 188. f 9 e. 2. statutes of sheriffs . 2. e. 3. c. 4. 4 e. 3. c. 9. 5 e. 3. c. 4. 14 e. 3. c. 7. 9. g 4 e. 3. c. 2. 27 e. 1. 2 e. 3. c. 2. h exact coll●ction . p. 8 , 13 , 15 , 517 , 518 ▪ the acts for suppressing the star ▪ chamber , high commission , & regulating ●he councel tab● : the em●●u●●m n●● & acts of at a●nd●●●f str●fford & canterbu●y . i see a new discovery of the prelates tyranny . k 9 e. 2. ● e. 3. c. 4. 4 e. 3. c 9. 5 e. 3. c. 4. 14 e. 4. ● . 7. 9. 〈◊〉 sh●●i●●s . ( l ) this all ordinances for their first ●a●●●ng , continuing , pa● and contribu ions , and declarations concerning them or the wars , and solemn l●ague and cov●na●● joyntly attest , and the armies own printed declarations likewise . * this one turner servant to the garrison , asserted in a written discourse , which he sent to me , challenging me to answ●r his arguments , which i did . m exact collection p. 6. * one inti●uled news from guildhall , the title wh●r●of my examiner read unto me . * ensign bowr , and others ▪ n exact collection . p. 8. 11. 12. 35. to 42. 197. * this ensign bower twice averred , when he forcibly searched my pockets , with two other souldiers more in the presence of my servant . † acts 27. 42. the souldiers counsel was to kill the prisoners , but the centurion willing to save paul , k●pt them from their purpose . * enforced to find them lodging , fire , candles , and to give you ten thousand pound bond to keep his castle against all enemies , after its walls , works , demolished , & the ordinance and ammunition thence removed , else it must be totally demolished without recompense , though mr. lutterils chief seat , inheritance , honour , of which many mannors are held by knights service , such is your free-state , even to your friends and servants . p a new-discovery of prelates tyranny . p. 136. to 143. q ibid. p. 167 ( p ) ibid. 32. 75. 133. m a practice borrowed from the malitious jews , and persecuting herod . mar. 27. 63 , 64 , 65 , 66. acts 12. 4. 6. 10. 18. c. 5. 23. n jer. 16. 〈◊〉 5 , 6 , 7 , 8 , 9 , &c , 28 , 29 , 32. o acts , 24 , 5. p acts 28 , 16 to the ●nd . ephes . 3. 1. c. 6. 21 , 22. phil. 2. 19. 23. c. 4. 18. 22. 2. tim. 4. 9 , 10 , 11. 21. philemon 1. 9 , 10 , 23 , 24. colos . 8 to 19. and the postscrip●s of his epistles . q rev. 1. 9. 11. c. 2. 1. 8. 12. 18. c. 3. 1. 7. 14. c. 21. 5. r mat. 10. 8. c. 16. c. 12. 15. 22. c. 14. 14. c. 19. 2. ma● . 3. 10. c. 6. 5. ●u . 4. 40. c. 5. 15. c. 6. 17 , 18 , 19. c. 8. 2. 36. 47. c. 9. 11. 42. c. 10. 3. c. 35 , 36. ● . 14. 4. acts 5. 16. c. 8. 7. jam. 5. 14. 15. s rom. 12. 20 mat 5. 44 , 45. luke 6. 27. prov. 25. 21. 2. chr. 28. 15. t acts. 28. 8 , 9. 30. v luke 9. 1. 6. acts. 10. 38. x luke . 22. 50 , 51 , 54. y ephe. 4. 31 , 32. c. 5. 1 , 2. z a new discovery , &c. p. 84. 86. a 1 eliz ▪ c. 2. 5 eliz. c. 1. 3 jac. c. 4 , 5. 7 ▪ jac. c. 6. 17 caroli . the act for triennial parliaments . b see the printed p●oposi●ions sent to the ▪ king the last treaty , & m● speech in parl. p. 57 , 58. c exact coll●ction , p. 20. 208. 309. 9 ▪ 8 , 909 , 911. d exact col. p. 1 , 4 , 5 , 12 , 13. 665 , 669. e exact col. p. 1 to 21. 91 , 98. 106 , 108 , 145 , 199. 206 , 207. 308 , 310. 461 to 465. 490 , 491 , 492. 508 , 516 , 567 , 570 , 574. 616 , 625 , 628 , 637 , 639 , 640 , 648 , 651 to 656 , 659 , to 754 , 755 764 , 769 , 786. 813 , 814 , 816 , 827 , 832 , 834 , 845 , 861 , 890 , 891 , 896 , 902 , 904 , 907 to 919 , 932. a collection of o●dinances , p. 23. 30 , 39. 95 , 96 , 97 , 98. 167 , 169 , 185 , 187. 203 , 204 , 210 , 217 , 218 , 227 , 249 , to 267 , 275 , 283 , 309 , 310 , 314 , 360 , 363 , 371 , 379. 412 , 413 , 417 , 424 , 432 , 457 , 458 , 470 , 483. 514 , 517 , 537 , 548 , 576. 616 , 623 , 624 , 666. 704 , 705 , 706 , 724 , 761 , to 829 , 834 , to 870 , 872 , 880 , 883. appendix p. 1. 15 ▪ f 5 el. c. 1 13 el. c. 1. 23 el. c. 1. 27 el●● ▪ c. 2. * see the stationers reaco● fired . * see canterburies doom , p. 26 , 27. 178 to 350. g in his soveraign power of parliaments and kingdoms . h in his pe●petuity of a regenerate mans estate , anti-a●m●anisme , &c. i in his breviate , cosens cozening devotions , quench coal , lame giles his haltings . a pleasant purge for a roman catholike , romes master-p●ece , the popish royal favourite , hidden works of darknesse brought to publique light , antipathy of the english prelacy , cant. doom ▪ speech in parliament . k a new d●scovery of the prelates tyranny . p. 141 , 142. * in the declaration of 17 martii 1648 , and others . l 2 ▪ sam. 19. 43. m magna cha ta c. 29. and c●●ks institutes thereon . 1 sam. 8. 4 , 19 20 22. 2 sam. 19. 41 , 42 , 43. c. 16. 18. 2 k●ngs 2. 23 , 24. 2 chr. 23 t●●oughout , c. 26. 1. 23 24. 25. c. 36. 1. the lords and comm●●s declaration 23 oct●b . 1642. exact collect . p. 660. we must own it as our duty , that the meanest of the commonalty may enjoy their own birth-right freedom and liberty of the laws of the land , being equally intituled thereunto with the greatest subject . n a new discovery of the prelates tyranny p. 86 , 87 , 88. o maintained in his soveraign power of parliaments , licenced by the commons . his plea for the lords . the levellers levelled . antiquity triumphing over novelty . a brief historicall collection of the ancient parliaments of england , and prynne the member reconciled to prynne the barrister . irēarches redivivus . p no bishop no king , &c. conference of hampton court. the bishop of downes sermon . the antipathy of the english prelacy to unity and monarchy : epistle dedicatory to the parliament . q c●nterburies doome , written and printed by their speciall order . r psal . 69. 19 , 20. ſ psal . 31. 12. t phil. 2. 20 , 21 , 22. u psal . 55. 12 , 13 , 14. x 2 cor. 1. 4 , 5 , 6 , 9 , 10. c. 4 , 8 , 9 , 10. y rex omnibus & singulis regni sui justi●iae est debitor . register of writs , and the prologues of our ancient statutes . exact collection , p. 494 , 498 , 712 , 713 , 714 , 660. z 1 sam. 8. 5 , 20. 2 sam. 23. 3. 1 king. 16. 9. chap. 10. 9. 2 chron. 8 9. chap ▪ 10 ▪ 5 , 6 , 7. 2 sam. 8. 15. chap 15. 2 , 5. psal . 82 3. prov. 8. 15. jer. 7. 5. chap. 23. 5. chap. 33. 15. a exact collection , p. 268 , 269 , 290 , 291 , 36● , 370 , 706 , to 716. 18 , & 20. e. 3. rastall justices . totel● magna charta . ▪ b brookes office des court. job 29. 12 , to 18. isa . 65. 1. c questus est nobis i. s. ex gravi querela i. s. occepimus , petit judicium , &c. register of writs ; and natura brevium . d cal●pine holi●k● , rider , eliot , calvini lexicon medicum . e register of writs . natura brevium . old and new books of entries , and all declarations , &c. f luk. 18. 1 , 2 , 3 , &c. mat. 7. 7 , to 13. 1 joh. 5. 15. g fitzherbert , brooke , ash , title , petition and prerogative . h see the beginning of most ancient parliament rols ; title , receivers of petitions to the king only , not them ; and the kings answers to the petitions of the lords and commons . i 1 jac. c. 1. cokes 4. instit . c. 1. brooke title parliaments . cromptons jurisdiction of courts , title parliaments . sir tho. smith , de republica angl. l 2. c. 2 , 3 , 4. mr. hackwels manner of passing bils in parliament . the petition of right 3. car. exact collection , p. 163 , 164 , 250 , 310 , 311 , 317 , 319 , 320 , 468 , 477 , 764 , 768 , 794 , 872 , 873. a collection of ordinances , 221 , 222 , &c. 110 , 111 , 756 , 757. k exact collection , p. 660 , 459 , 28 , 29 , 852 , 854. l 1 thess 2. 2. m the like we read of the centurion who beat and imprisoned him , mentioned act. 22. 24 , to 30. n a new discovery , &c. p. 113 , 114 , 115. o ibidem .. p. 141 , 142. p coke instit . on magna charta . c. 29. brooke habeas corpus . q exact collect . p. 8 , 20 , 28 , 29 , 450 , 660 , 652 , 894. r exact collection , pag. 252 , 278 , 285 , 289 , 869 , 871 , 883 , 885 , 866 , 559 , 560. t mat. 5. 15. luk. 8. 16. chap. 10. 35. ( s ) a new discovery , p. 86 , 87 , 88. u psal . 31. 12. y a new discovery . pag. 137 , to 143. z 2 cor. 5. 10. read master strongs his printed sermon thereon . a mat. 25. 31 , 32. 2 thess . 1 ▪ 7 , 8 , 9 , jude 14 , 15. jer. 51. 6 , 11. b isa . 26. 9 , 11. c psal . 94. 1 , 2 , &c. rom. 12. 19. d exod. 15. 3. isa . 45. 7. e psal . 59. 10. 17. f rom. 15. 33. 16. 20. 2 cor. 13. 11. g psal . 12. 5. & 72 ▪ 4. isa . 49 26. jer. 6. 6. & 22. 15 , to 20. & 51 ▪ 35 , 36. ezek. 7 11 , to 25. & 8 ▪ 17 , 18 & 12. 19 , 20. & 21. 6 , 7 , 8 , 9 , 12 , 13 , 20 , 21 , 29 , 30 ▪ & 45 9. isa 33. 1 , 2. jer. 22. job 20. 15 , to 29. amos 2. 1 , 2 , 3 ▪ &c & 3. throughout . hab. 2. 7 , 8 ▪ ●oel 3. 19. obad. 8. 9 , 10 , to 21. zeph. 3. 5 , 6. l●k . 3. 19 , 20 ▪ act. 12 1 , to 10. exod. 3 , 7 , 8. & 2. 23 , 24 , 25. mat. 25 ▪ 41 , 42 , 43. h see exact ▪ collection p. 917 , 918. an ordinance of the lords and commons ●xhorting all to repentance , confession and humiliation for our enormous sins procuring gods wrath . i a new discovery of the prelates tyranny p. 115 , 116. k isa 32. 17. l see the vindication of the secured and secluded members , and my speech in parliament . m jer ▪ 46. 16. & 50. 16. n jer. 28. ●3 , 14. & 27. ● . ezech. 30. 18. & 34. 27. o 2 chron. 10. 10 , 14. q hos . 7 ▪ 14. r isa . 58. 4. like a●abs to take away naboths vineyard 1 king. 21. 9 , 12. ( s ) see exact collection . p. 21. 310. 634 , to 638. t rom. 12. 10. & 13. 8 , to 12. gal. 5. 13 , 14. ephes . 1. 15. & 4 2. & 5. 2. col. 2. 2. 1 thess . 3. 12. & 4. 9. heb. 10. 24. & 13 ▪ 1. 1 pet. 1. 22 ▪ & 2. 17. & 3. 8. 1 joh. ● . 11 , to 24. & 4. 7 , 11 , 12. u ephes . 4. 9. x 2 cor. 13. 11. 1. thess . 5 ▪ 13. heb. 12. 14. 1 pet. 3. 11 , y phil. 2 2 , 4. z 1 joh. 3. 16. a 1 thes● . 4. 11. b 1 tim. 2. 2. c 1 cor. 10. 32. 2 cor. 6. 3. 1 cor. 8. 13. rom. 13. 10. d isa . 2. 4. mica . 3. 3 ▪ 4. e mat. 26. 5● . f gal. 5. 15. g jam. 4. 1. & 3. 13 , 14 , 15 , 16. h luk. 18. 2 ▪ to 9. notes for div a91227-e39890 ( a ) modus tenendi parliamentum . cokes 4. instit . ch . 1. ( b ) see my plea for the lords and collection of the ancient councels and parliaments of england . c 1 eliz. c. 1. 5 eliz. c. 1. 3 jac. c. 4 , 5. 7 jac. c. 6. 16 caroli . the act for trienniall parliaments . d see my plea for the lords . my legall vindication against illegall taxes . prynne the member , reconciled to prynne the barrister . notes for div a91227-e44010 * see an exact col●ction of them , in quar to and another in folio , with an other of their new knacks since , and their declarations of febr. 10. and april . 17. 1648. * quintus curtius hist . l. 10. justin . h●st l. 12. 13. 14. 15 16. 17. 18. arrianus hist ▪ alexandri . jacobus usserius annales ve●eris testamenti , plutarchi cassander , eum●nes , diodorus siculus , and others . * seneca . * psal . 73. 6. to 12. ● isay . 14. 5. to . 18 * in ●utropium l. r. see roger houeden , annal . pars posterior . p. 680. * 2. sam. 23. 3. 4. 2 , chr●n . 9 ▪ 8. c. 10. 5. 6. isay . 32. 1. 2. rom. 13. 3. 4. 6. psal . 78. . 71. 72. 2. sam. 5. 12. c. ● . 15. * 2 ▪ chr●n . 28. 9. * exact collection . p. 927. 928. * judg. 21. 1. to . 18. 2. sam. 1. 12. to . 20. 2. 2. chron. 28. 5. 1. john. 3. 10. 11. 12. 1. cor. 12. 25. 26. * judg. 21. 1. to . 18. 2. sam. 1. 12. to . 20. 2. 2. chron. 28. 5. 1. john. 3. 10. 11. 12. 1. cor. 12. 25. 26. * 1 tim. 2. 1 , 2. math. 5. 43 to the end rom 12. 20. 21. * receptus erg● edgarus et magno donativo donatus est , pluresque annos in caria mancus ; liber am . a genti quotidie in stipendi● accepi●bat . will. malmesburiensis de g●stis regum angliae l. 3. ● . 103. math. paris hist : angl. p 6. speeds history . p. 442 hiero. de knyeth●on . de eventibus : angliae . l. 2. c. 3 col . 2350. * simcon dunelmensis hist . an 1086. 1091 1097. col. 213 216. 223. chro● , joannis bromton . col. 973. * seneca de ira. l. 2. c. 3 4. * see 1 jac. c. 1. 2. * s● militiere his victory of truth . * as several● printed diurnals . &c. an ▪ 1653. 1654. 165● . relate , & merchants letters thence . * in his victory of truth . * 2. cor. 5. 10. 11. rev. 6. 15. 16. 17. c. 20. 12. 13. 14. * see erasmi adagia . * de vera ●t falsa religio ne cap. de magistratu . * see plutarch diogenes laertius , diodorus si●ulus , and others in his life . * math. paris hist . angliae . p. 151 155. 156. 160 161. gul. nubrigensis . rerum angl. hist . l. 4. c. 14. to . 19. roger hoveden . pars posterior . p. 687 700. to 708. 718 ▪ 719. 720. 735 &c. fox acts and monuments . p. 114 123. 124. holinshed . p. 121. 129. 130. 131. 132. godwins catalogue of bishops p. 247. to . 261. speeds history . p. 531. and my antipathy of the english lordly prelacy to regall monarchy and civil unity p. 202 to 211. * necesse est ut multos timeat , quem multi timent . it a natu● ra constituit , ut quod al●en● m●tu magnum est , à suo non vacet . quicquid terret , et trepidat . seneca de ira ▪ l. 2. c. 11. * se● godwin in his life . * de vera et falsa religione . cap. de magistratu . * gal. 6. 1. 2. * miserimam ergo necesse est non tantum brevissimam vit am eorum esse , qui magno parant labore , quod majore possideant ; operose assequuntur quae volunt anxij tenent quae asscutâ sunt maximae quaeque , boxae sollicite sunt , neculli fortunae minus bene quam optimae creditur , aliae faelicitate ad tuendam faelicitatemopus est et pro ipsis quae successarunt votis , vota facienda sunt . seneca de brevitate vitae c. 17. * 2 chro● . 1. 8. 9. * de gene●logia regum anglorum . col. 351. * see. 2. e. 3. c 8 ▪ 20. e ▪ 3. c. 1. 2 and 18 ▪ e. 3 oath of the just●ces . * ovid. de r●medio am●ris . * de consideration● . lib ▪ 1. * psal . 141. 5. 6. prov. 19. 20. 25. c. 9. 8. 1 sam. 25. 18. to 36. * de jra . l. 3. c. 28. 29. * see justin , hist . l. 12. to 18 qu. curtius . hist . l. 10. plutar●hi . alexander , antigonus , eumenes , dr. vsher annales veteris testamenti . pars . 1. * plutarch . in his life . justin hist . l. 12. 12 14. * plutarchi eumenes . a just and solemn protestation and remonstrance of the lord mayor, aldermen, sheriffs, common-councell-men, and other citizens and freemen of london against two late ordinances of the lords and commons that now sit, for the choosing of common-councell-men and other officers within the city and liberties thereof ... which ordinances bear date the 18, and 20 of december, 1648. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91200 of text r42518 in the english short title catalog (wing p3989). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 17 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91200 wing p3989 estc r42518 36282213 ocm 36282213 150175 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91200) transcribed from: (early english books online ; image set 150175) images scanned from microfilm: (early english books, 1641-1700 ; 2234:26) a just and solemn protestation and remonstrance of the lord mayor, aldermen, sheriffs, common-councell-men, and other citizens and freemen of london against two late ordinances of the lords and commons that now sit, for the choosing of common-councell-men and other officers within the city and liberties thereof ... which ordinances bear date the 18, and 20 of december, 1648. prynne, william, 1600-1669. 8 p. [s.n.], imprinted at london : 1648. attributed to william prynne by wing (2nd ed.). reproduction of original in lincoln's inn library (london, england). eng london (england) -history -17th century. great britain -history -civil war, 1642-1649. a91200 r42518 (wing p3989). civilwar no a just and solemn protestation and remonstrance of the lord mayor, aldermen, sheriffs, common-councell-men, and other citizens and freemen o prynne, william 1648 2622 7 0 0 0 0 0 27 c the rate of 27 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-06 tcp assigned for keying and markup 2007-06 aptara keyed and coded from proquest page images 2007-11 emma (leeson) huber sampled and proofread 2007-11 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a just and solemn protestation and remonstrance of the lord mayor , aldermen , sheriffs , common-councell-men , and other citizens and freemen of london . against two late ordinances of the lords and commons that now sit ; for the choosing of common-councell-men and other officers within the city and liberties thereof for the year ensuing , in the generall ; and against some clauses in them in particular : which ordinances bear date the 18 , and 20 of december , 1648. imprinted at london , 1648. a just and solemn protestation and remonstrance of the lord major , aldermen , sheriffs , common-councel-men , and other citizens and freemen of london , against two late ordinances of the lords and commons that now sit . we the lord major , aldermen , sheriffs , common-councel-men , and other citizens and freemen of the city of london , who have exhausted our estates , adventured our lives , lost our blood , and for eight years space together day and night upon all occasions indefatigably contributed our utmost labors , treasures travails , counsels , prayers , & endevors to maintain the honor , freedom and safety of both houses of parliament ; & stood by them in their greatest straits , assisting them with our purses and forces , when few else would own or stand by them , and hazarded the loss of all that is dear and precious to us for their defence , who else had been swallowed up and destroyed by their prelaticall , popish , malignant enemies sundry times ere this , and brought to utter desolation ; for all which faithfull services , and real testimonies of our most cordiall affections towards them ( which they have frequently and gratefully acknowledged both in the houses and city upon sundry occasions , and remonstrated to the world in divers printed ordinances and delarations . ) we did at least expect a free and full enjoyment , if not a confirmation and enlargement of all our ancient hereditary freedoms , priviledges , rights , franchises and customs ever constantly enjoyed by us and our predecessors from before the conquest , till the last year , confirmed by magna charta it self , chap. 9. which enacts , that the city of london shall have all the old liberties and customs which it hath been u●ed to have ; and entayled to us and our successors for ever , by many successive charters and acts of parliament of most of the noble kings of england , as well before as since ; which neither one nor both houses of parliament , in their fullest and freest condition , have or can pretend to have any just or lawfull power to repeal or diminish in the least degree , without our own consents or desires , and the kings concurrence thereunto by an act of repeal ; much less whiles under the actuall force and power of disobedient mutinous army , who have forcibly imprisoned , excluded and driven away most of their members . but in stead thereof we finde ( to our deepest grief and astonishment ) a most ingratefull , and dishonorable requitall of all our former faithfulness , love , bounty and services , not by the generality of the members of both houses ( whose favors and sincere affections towards us , in studying to preserve and enlarge our priviledges , franchises and charters upon all occasions and treaties with his majesty , we shall ever gratefully acknowledg ) but only of a small inconsiderate party in the houses , wholly acted and swayed by a jesuitical and anabaptistical powerfull party in the army , who have a long time made it their principall study and master-piece , to rend and disengage the city and houses from , and dash them in pieces one against another , and divide them into factions and fractions among themselves , whereby to enslave and ruine them both , and by their slavery and ruines to make way for their own ambitious designs , and intended greatness and tyranny , far more intolerable and grievous then any we or our ancestors formerly sustained under the worst of all our kings ; which they have no hopes to accomplish , whiles the houses and city enjoy their ancient priviledges , freedoms , and continue cordially united : and therefore have at this present most perfidiously and trayterously endevored to captivate and enslave , not only the king , but both houses of parliament , and the city together ; and in them the whole kingdom and english nation . for which end and purpose , having brought up the whole army to london and westminster , contrary to the houses order ▪ and quartered many of them in and about the city , in the principall places of strength and advantage , beyond our expectation , and contrary to their own engagement to us ; seised upon our treasuries and halls ; imprisoned one of our sheriffs , though a member , and carried him caprive out of our liberties ; and by armed power and a horrid force upon both houses , most injuriously imprisoned , and forceably kept out , and driven away all or most of their faithfull members admiting none to sit , but only such who are confederate with them in these their treasonable designs , and that under their force and imposed guards to over-awe them ; they have on the 18 and 20 of december last , caused these their confederates ( who usurp and take upon them the name and authority of the two houses of parliament , when as in truth , they are and have been neither , and no houses at all ever since their being under such a visible force , and violent restraint and seclusion of the greatest number of their members from thence by the officers & armies armed power , contrary to the undoubted known rights , priviledges and freedom of parliament , which they , we , and the whole kingdom and army are engaged by covenant inviolably to preserve ) to make and publish two printed papers : the first whereof they style , an ordinance of the lords and commons assembled in parliament for the choosing of common councel-men , and other officers within the city of london , and liberties thereof for the year ensuing , the second , an ordinance of the lords & commons assembled in parliament : concerning the election of common councel-men , and other officers in the city of london . wherein among other things they do declare and ordaine ; that no person whatsoever that hath been imprisoned or that did subscribe or abet to the treasonable engagement ( as they tearm it ) in 1647 , or that did aid , assist , or abet the late tumult within the cities of london and westminster , or the counties of kent , essex , middelsex , or surrey shall be elected , chosen , or put into the office and place of lord major , alderman , aldermans deputy , common councel-men , or into any office or place of trust within the city for space of one whole year , or be capable to give his voyce for the chosing any person to any the offices aforesaid . and it is thereby further ordained by the authority aforesaid ( though null and void ) that if any person or persons comprehended under the aforesaid exceptions , being chosen , shall presume to sit in the court of aldermen , common-councell , &c. or to execute any of the aforesaid offices contrary to the true intent of this ordinance , shall forfeit the sum of two hundred pounds , the one halfe whereof shall be within twenty dayes paid unto him or them that shall make proof thereof , and the other moyety to be paid unto the treasurers appointed by parliament for the use and relief of the maimed souldiers ; and it is hereby declared ; that all such elections are null and void , and the lord major for the time being is hereby required from time to time to give order , that this ordinance be published at all elections , and that the same be strictly and punctuolly observed , as also by affording the liberty of pole , it being required by any of the electors present ; and for the better execution of this present ordinance be it further ordained , that the lord major of london , the sheriffs , and aldermen , and justices of peace within the said city of london , or any two of them shall , and are hereby authorized and required to commit to prison all such persons , as after due proof upon oath to be made unto them , or any two of them of any person that shall make any disturbance at any election , contrary to this ordinance , and to leavy the said fine of two hundred pounds by distresse , and sale of the goods of the person so offending contrary to this ordinancee . which pretended ordinances , being made and published by confedracy as aforesaid , whiles both houses remained under the unparalleld , force of the officers and army , who have levyed open war against them , and violently imprisoned , excluded and driven away most of the members , and end●avour to dissolve the parliament , and tending wholly to alienate our affections from , and engage us against the parliament , to deprive us of our undoubted hereditary liberties , freedoms , franchises and customes , confirmed and setled upon us by so many royall charters and acts of parliaments , and enjoyed alwayes by our predecessors under the worst of kings and tyrants ; to subvert the whole government , magistracy and freedom of the city , and to put us into present confusion and mutinies , that s● they might thereupon take advantage to enslave , plunder and destroy us at their pleasures : we do therefore in this our great extremity and perplexity , which so nearly concernes the present government , weal , safety , and very life and being both of city , parliament and kingdom , here seriously and unanimously protest before the almighty all-seeing god , angels and men , that these two pretended ordinances , being made by confederacy as aforesaid while both houses lay under so great a force , and most members were violently excluded and forced thence , ( there being at the passing of them not above 3 , or 4. lords , and 45. commons at most present , and they under the forced guards of the army ) are in themselves meer nul , void and u●obligatory to us and all others , to all intents and purposes , and were and are declared to be so , at the very time of their making . by the ordinance of both houses of the 20 of august 1647 made by those very members who passed these two pretended ordinances . and that all elections of any officers whatsoever within the said city and liberties , wherein any of us have been deprived of our voyces and freedom by colour of either of these two ordinances are meerly nul and void to all intents . and we further hereby in like maner declare and protest , that the fore mentioned clauses contained in these pretended ordinances ( though the houses had been never so repleat and free when passed ) which deprives us of the undoubted liberty and freedom of our voices in electing our officers ; disables any persons elected by us to bear any office when elected , and which doe declare the said elections void , imposing a forfeiture of two hundred pound upon such who shall in the least degree execute any trust or office to which we shall elect him , to be levyed by distresse and sale of his goods ; and giving authority to the lord mayor , aldermen , and justices of peace within the city , to imprison all such persons , ( who coming to give their voices , or claiming and maintaining their freedom and the cities ) shall make any disturbance at any election contrary to these pretended ordinances ; though never so faithfull to the parliament , and active in their service heretofore : are likewise void and null in themselves , and the highest and most tyranicall usurpations over our liberties , franchises , persons , estates and freedom in our elections , that the heads of our professed enemies could invent , and most contrary to all the houses former professions , remonstrances , declarations , promises , and engagements , and to their solemn league and covenant , to defend and protect our liberties , franchises , customs rightes and freedoms , yea contrary to the fundamentall lawes and statutes of the land ; the manifold charters and acts of parliament made from time to time , for the confirmation of our customs , liberties , and freedom in the elections of our officers ; and to the express statute of 3 edw. 1. c. 5. which enacts , that all elections ought to be free ; and that no great man , nor other by force of arms or menacing , shall disturb any to make free election ▪ ( much lesse by menacing ordinances , fines and imprisonments ; ) which sir edward cook in his commentary thereon ( printed by both houses speciall authority ) affirms and proves to be the common law of england , and the subjects birth-right . and contrary to the statutes of magna charta c. 29. 5. ed. 3. c. 9. 25. ed. 3. c. 4. 28. ed. 3. c. 3. 37. ed. 3. c. 18. 42. e. 3. c. 3. and the petition of right ; for defence whereof we have in our seven last yeers wars , expended so many millions of treasure , and lost such streams of gallant english blood . and finally , we do hereby unanimously further declare and protest ▪ that notwithstanding these pretended void ordinances , or any other of this nature , made in derogation of our just franchises , rights , liberties , customs and ancient government , we are resolved , according to our oaths as citizens and freemen of london , and according to our solemn league and covenant , as christians and freemen of england , through gods assistance , to the utmost of our powers and , abilities , with our lives and estates constantly and inviolably to maintain , defend , and preserve our just hereditary freedom and right of electing all our city officers , whatsoever , acording to our ancient and uninterrupted charters , customs , acts and vsages , with all other our undoubted franchises , liberties , priviledges , rights and customs left unto us by our ancestors , ( especially in these times of so much contesting for common liberty and freedom ; ) and will protect and defend the same against all invasion and encroachment of any usurped , arbitrary and tyrannicall ( parliamentary or other ) power whatsoever . in witnesse whereof we have thought meet to publish this our declaration and protestation to all the world . january 1. 1648. finis . a new magna charta: enacted and confirmed by the high and mighty states, the remainder of the lords and commons, now sitting at westminster, in empty parliament, under the command and wardship of sir thomas fairfax, lievtenant generall cromwell, (our present soveraigne lord the king, now residing at his royall pallace at white-hall) and prince ireton his sonne, and the army under their command. containing the many new, large and ample liberties, customes and franchises, of late freely granted and confirmed to our soveraigne lord king charles, his heires and successors; the church and state of england and ireland, and all the freemen, and free-borne people of the same. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a74790 of text r203352 in the english short title catalog (thomason e427_15). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 20 kb of xml-encoded text transcribed from 6 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a74790 thomason e427_15 estc r203352 99863326 99863326 115518 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a74790) transcribed from: (early english books online ; image set 115518) images scanned from microfilm: (thomason tracts ; 67:e427[15]) a new magna charta: enacted and confirmed by the high and mighty states, the remainder of the lords and commons, now sitting at westminster, in empty parliament, under the command and wardship of sir thomas fairfax, lievtenant generall cromwell, (our present soveraigne lord the king, now residing at his royall pallace at white-hall) and prince ireton his sonne, and the army under their command. containing the many new, large and ample liberties, customes and franchises, of late freely granted and confirmed to our soveraigne lord king charles, his heires and successors; the church and state of england and ireland, and all the freemen, and free-borne people of the same. prynne, william, 1600-1669. [2], 8 p. s.n.], [london : printed in the yeere 1648. anonymous. attributed to william prynne. annotation on thomason copy: "feb: 17th", "1647"; the 8 in imprint date is crossed out. reproduction of the original in the british library. eng political satire, english -17th century. great britain -politics and government -1642-1649 -humor -early works to 1800. a74790 r203352 (thomason e427_15). civilwar no a new magna charta:: enacted and confirmed by the high and mighty states, the remainder of the lords and commons, now sitting at westminste prynne, william 1648 3412 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-02 tcp assigned for keying and markup 2007-02 apex covantage keyed and coded from proquest page images 2007-03 jonathan blaney sampled and proofread 2007-03 jonathan blaney text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a new magna charta : enacted and confirmed by the high and mighty states , the remainder of the lords and commons , now sitting at westminster , in empty parliament , under the command and wardship of sir thomas fairfax , lievtenant generall cromwell , ( our present soveraigne lord the king , now residing at his royall pallace at white-hall ) and prince ireton his sonne , and the army under their command . containing the many new , large and ample liberties , customes and franchises , of late freely granted and confirmed to our soveraigne lord king charles , his heires and successors ; the church and state of england and ireland , and all the freemen , and free-borne people of the same . new magna charta , cap. 29. omni vendemus , omni negabimus , aut differemus iustitiam , vel recium . printed in the yeere 1648. a new magna charta . first for the honour of almighty god , and in pursuance of the solemne league and covenant which we made in the presence of almighty god for the reformation and defence of religion , the honour and happinesse of the king , and the peace and safety of the three kingdomes of england , scotland , and ireland , we have granted , and by this our present charter have consirmed , that the church of england shall be free to deny the perpetuall ordinances of jesus christ , to countenance spreading heresies , cursed blasphemies , and generall loosenesse and prophanenesse , and that all lawes and statutes formerly made against the aforesaid offences for the punishment and restraining thereof shall be utterly repealed , that so all men may freely enjoy and professe what religion soever they please without restraint : and we will that all archbishops , bishops , and their dependents shall be eternally suppressed , and all their mannours , lands and possessions sold to defray and advance the publique faith . that all ministers shall be plundered and thrust out of their livings and free-holds by our committee of plundering ministers without oath or legall tryall , upon bare informations of such of their parishioners who are indebted to them for tythes , or have any kinsman to preferre to their livings . and to supply the want of ministers , that all officers , souldiers , coblers , tinkers , and gifted brethren and sisters , shall freely preach , and propagate the gospell to the people , and new dip and rebaptize them without punishment . item . we will that the kings majesties person be maintained , and his authority preserved , by seizing his person at holdenby with a party of horse , and imprisoning him in the army , indangering his life at hampton court , and by colour thereof conveighing him secretly into the isle of wight , removing from him all his attendants , disposing of his revenue , children , forts , ships , castles , and kingdomes , and by this putting in execution these our votes , that no more addresses be made from the parliament to the king , nor any letters or message received from him : that it shall be treason for any persons whatsoever to deliver any message to the king , or receive any messages or letters from him , without leave from both houses of parliament : that a committee draw up a declaration to be published , to satisfie the kingdome of the reason of passing these votes , that so the world may beare witnesse with our consciences of our loyalty , and that we have no thoughts or intentions to diminish his majesties just power and greatnesse , according to the words of the solemne league and covenant . item , we give and grant to the freemen of the realm these liberties under written . first , that no sheriffes shall make due returnes of the citizens and burgesses elected to serve in parliament , nor make due elections of knights , nor in convenient time , nor the ablest wisest , nor discreetest shall be returned , but all fraud and deceit shall be used in elections , and persons not duly elected , nor elegible by law shall be members of the house of commons , and those to be our sonnes , kindred , servants , officers and such as will comply with us . item , no member shall sit in the house of commons with freedome and safety that endeavours to settle religion in the purity thereof , according to the covenant , to mantaine the ancient and fundamentall government of the kingdome , or to preserve the rights and liberties of the subject , or that layes hold on the first oportunity of procuring a safe and well-grounded peace in the three kingdoms , or that keeps a good understanding between the two kingdomes of england and scotland , according to the grounds expressed in the solemne league and covenant . and whoever offends against this article , we will that such members be impeached of high treason by the army , suspended the house before any particular impeachment , forced to accuse themselves by stating their cases for want of an accuser , and witnesses to prove them criminall , and at the last cast out of the house without answer , hearing the evidence , or privity of those that elected them whose persons they represent . item , we grant , that neither we nor any by colour of authority derived from us shall interrupt the ordinary course of justice in the severall courts and judicatures of the kingdome , nor intermeddle in causes of private interest otherwhere determinable , save onely our committees of indempnities , plundered ministers , complaints , sequestrations , excize and the army , who shall judge and contradict the lawes and statutes of the realme , vacate and repeale all indictments , verdicts , and judgements given in courts of justice , imprison all manner of persons , and turne them out of their freeholds , estates , goods , and chattels without the lawfull judgement of their peers , and against the fundamentall lawes of the land . item , we will and ordaine that the great and unusuall payments imposed upon the people , and the extraordinary wayes that were taken for procuring moneyes , shall ( contrary to the trust reposed in us ) be still burthensome , and daily increased more and more upon the people by our bare votes and ordinances , without the common consent by act of parliament ; and in case of refusall , forcibly levyed by troops of horse and souldiers , according to the law of decolled strafford , of all which moneyes our selves and members will be sole treasurers and disposers : free-quarter shall be still tolerated , and countenance given by us to the exactions and extortions of the souldiers , to whom we have granted an ordinance of indempnity for all murders , fellonies , rapes , robberies , injuries and trespasses committed by them , and all such offences as they shall commit , to the end they may protect us against the clamours and complaints of the oppressed people either by sea or land : and we ordaine , that all free-men shall henceforth be tryed onely by martiall and committee law , and impeached of new high treason at our pleasure , to consiscate their estates to our exchequer . item , we will that such persons as have done valiantly , and dealt faithfully in the parliaments cause according to the declaration of england and scotland , shall be publikely disgraced and dishonoured , and without cause thrust from their commands and imployments both civill and martiall without pay , hearing conviction or reparation for their losses , and that the severall and respective lievtenants , governours , and old garrison souldiers of the tower of london , newcastle , yorke , bristoll , plymouth , glocester , exeter , chester , pendennis castle and the isle of wight be removed with disgrace by our new generalissimoes meere arbitrary power , notwithstanding our former votes and ordinances for their particular settlement , and new mean seditious sectaries of our confederacy put into their places . item , we will that a just difference be made between such persons as never departed from their covenant and duty , and such as were detestable newtralists and oppressours of the people , and to that end we will , that the commission of the peace be renewed at the pleasure of our flying speakers , who are to provide , that such be omitted as agree not with the frame and temper of the army and us their lords and commons sitting at westminster , and others be added in their places who have complied with the enemy , and oppressed the people , and to that end we agree , that the earle of suffolke , earle of middlesex , william lord maynard , william hicks , knight and baronet , john parsons knight , richard pigott knight , edward king esquire , thomas welcome esquire , and divers others be omitted , and that john lockey , thomas welby , vvilliam godfrey , richard brian , sir richard earle baronet , and others of that stamp be added , of whose integrity and faithfulnesse quere . item , we will that for the perpetuall honour of the lords and barons of this realme , whose ancestors purchased for us with the expence of their lives and bloods from king john and henry the third , the great charter , that they shall from henceforth be impeached of high treason , committed , imprisoned , and put out of the house of peers , and forfeit their lives and estates to our disposing , if they defend that great charter , the lives and liberties of the subjects and parliament against a perfidious and rebellious army , and us the fugitive lords and commons , who fled from our houses to the army without cause , and there entred into a trayterous covenant and ingagement , to live and die with the army , and to destroy the faithfull members that stayed behind at westminster , and all the freedome of this and future parliaments . and we will that henceforth there shall be no house of peers , distinct from commons , but that all peers and peerage be for ever abolished , and all great and rich mens estates levelled and made equall to their poorest neighbours , for the better reliefe and encouragement of the poor saints . item , we will that the city of london shall have all her ancient liberties and customes in as full and ample manner as her predecessors ever had , and for that end we will that the army shall march in a warlike manner towards that city , and passe like conquerours in tryumph through the same . that all the fortifications and line about it shall be slighted and thrown downe , the tower taken out of their hands , and put into our generalls , and fortified to over-awe them ; the militia of the city changed and divided from that of westminster , and southwarke , the lord mayor , recorder , aldermen and some leading men of the common counsell , by crafty , sinister , and feigned informations , impeached of high treason , and other great misdemeanours imprisoned and disabled , and others by our appointment and nomination put into their places , and the citizens and common counsell-men shall henceforth make no free elections of governours and officers : that white-hall , the muse , minories , ely-house and other places shall be made citadells , that the posts and chaines in the city and suburbs be taken away , their gates and purcullices pulled downe , their armes delivered into a common magazine by our appointment , to disable them from all future possibility of selfe-defence , or disobedience to our imperiall commands , that so they may willingly deliver us up the remainder of their exhausted treasures and estates , when we see cause to require the same , and made as absolute freemen for all their expence of treasure and blood in our defence , as our english gally-slaves now are in algier . item , we will that the command of the navy and all ships at sea , for the honour of this nation and our owne , be committed into the hands and government of a vice-admirall , ( without and against the consent of the lords ) of late but a skippers boy , a common souldier in hull , a i eveller in the army , impeached by the generall for endeavouring to raise a mutiny at the late rendevouz , and since that taken with a whore in a bawdy house , who rode downe in triumph to the downes to take possession of his place in a coach and foure horses , with a trumpeter and some troopers riding before and after it , sounding the trumpet in every towne and village as they passed , to give notice of his new excellencies arrivall , and make the common people vaile bonnet , and strike sale to his coach , and at his late returne from the isle of wight to the downes was rowed from the ship to the towne of deale with the ensigne in the sterne , the boatswaine and all the rowers bare headed , like so many gally-slaves , ( a new kind of state which never any lord-admirall in england , though the greatest peer , yet tooke upon him , but the king onely : ) and to maintaine this new pompe and state of his we will and ordain , that all merchants , as well natives as forraigners , shall pay such new customes , impositions , and excize for all manner of goods and merchandize whatsoever imported , or exported , as we in our arbitrary wisdomes shall judge meet , under paine of forfeiture of all their said goods and merchandize , and such other penalties as we shall impose . item , we will and ordaine for the ease and reliefe of the almost famished poore in these times of dearth and decay of trade , that excize shall still be paid by them , and every of them for every drop of small beer they drinke , and for all oyles , dying stuffes , and mercers wares they shall have occasion to use about their trades and manufactures , and that the lusty young souldiers , who are able to worke and get their livings by the sweat of their browes , shall ramble abroad through all the kingdome , and like so many sturdy rogues , take free-quarter for themselves , horses and companions from place to place , refusing to work , shall eat up all the provisions in gentlemens , yeomens , clothyers , and other rich mens houses , who formerly relieved the impotent poore with their almes , and the able with work . item , we will that william lenthall our speaker for the time being , shall have a monopoly and plurality of all kind of officers , for the maintenance of his state and dignity , and recompence of his infidelity , in the deserting the true house of commons , notwithstanding the selfe-denying ordinance to the contrary , and to this end we ordaine , that he shall be our perpetuall speaker , and eternally take five pounds for every ordinance that passeth the commons house , with all other incident ( new exacted ) fees and gratuities ; that he shall with this his office enjoy the custody and profits of the great seale of england , the dutchy of lancaster , together with the mastership of the rolls , and as many other places as we shall be able to conferre upon him or his sonne ; and that his honoured brother sir john lenthall for his great affection to and care of the subjects liberties committed to his custody , shall have free licence to suffer what prisoners he pleaseth to escape out of prison , and sir lewis dives though voted by us to be arraigned and tryed for high treason this terme , and all persons lying in execution for debts to goe and lie abroad at their owne houses , and make escapes at pleasure to the defrauding of creditors , without being prosecuted , or put out of his office for the same , provided they alwayes give him a good gratuity for this their liberty of escape . item , we will that our distressed brethren in ireland may enjoy the benefit of this our new great charter , and all the liberties therein comprized , and that by vertue thereof the supplies , reliefs , men , moneyes , and the monethly tax of sixty thousand pounds designed for them , shall be totally interrupted , misimployed , and diverted by king crumwell and prince jreton his son-in-law , to maintaine , pay and recruit their supernumeraries and the army here : that the noble and valiant lord inchequin who hath done such gallant service against the rebells , shall be accused and blasted in both our houses and pamphlets , and mercenary diurnall men for a traytor , and confederate with the rebells , by the lord lisle and his confederates , who wears much of irelands imbezelled treasure on his back , and hath much more of it in his purse , taking no lesse then 10. l. or 15. l. a day , as lord deputy of that realme , onely for riding about london streets in his coach in state , and victorious honest col. jones discountenanced , discouraged , and both of them removed this spring from their commands , to advance the independent cause , and godly party in that realme . lastly , all these new customes and liberties aforesaid , which we have granted to be holden in our realmes of england and ireland , as much as appertaineth to us we shall observe : and all men of these realmes , as well nobles as commons , shall enjoy and observe the same against all persons in likewise . and for this our gift and grant of these liberties , the nobles and commons are become our men from this day forward , of life and limb , and of earthly worship , and unto us shall be slaves and vassalls for ever ; and we have granted further , that neither we nor any of us shall procure or do any thing , whereby all or any the liberties in this charter contained , shall be ever hereafter infringed or broken : and further we ordaine , that our postmaster edmund prideaux , one of our fugitive & army-ingaged members , who byfraud got into that office , and keeps it by force against common right , do send posts with copies of this our charter into all counties , cities and places of our dominions , for recompence of which service he shall still conciously enjoy that office , and that our sheriffs , committees , and new-made justices cause the same to be speedily published accordingly in all our countrey-courts , these being our witnesses to this charter . william lawd l. archbishop of canterbury , thomas earl of strafford , sir john hotham knight , governour of hull , lievtenant-generall john hotham , all foure beheaded by our command at the tower hill for the breach of old magna charta and trecherie . nathanael fines , condemned to lose his head by a councell of war for delivering up bristoll to our enemies , by us to be one of the grand committee forthe safety of this and yet spared kingdome and ireland , instead of the exploded scotch commissioners . finis . a short sober pacific examination of some exuberances in, and ceremonial appurtenances to the common prayer especially of the use and frequent repetitions of glory be to the father, &c., standing up at it, at gospels, creeds, and wearing white rochets, surplises, with other canonical vestments in the celebration of divine service and sacraments, whose originals, grounds of institution and prescription, are here truly related and modestly discussed ... / by william prynne, esq. ... prynne, william, 1600-1669. 1661 approx. 346 kb of xml-encoded text transcribed from 75 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a56208 wing p4081 estc r5455 12378576 ocm 12378576 60656 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56208) transcribed from: (early english books online ; image set 60656) images scanned from microfilm: (early english books, 1641-1700 ; 223:11) a short sober pacific examination of some exuberances in, and ceremonial appurtenances to the common prayer especially of the use and frequent repetitions of glory be to the father, &c., standing up at it, at gospels, creeds, and wearing white rochets, surplises, with other canonical vestments in the celebration of divine service and sacraments, whose originals, grounds of institution and prescription, are here truly related and modestly discussed ... / by william prynne, esq. ... prynne, william, 1600-1669. stucki, johann wilhelm, d. 1607. antiquitatum convivialum. liber 2, cap. 26, de vestitu conviviali. [12], 136 p. printed by t.c. and l.p., and are to be sold by edward thomas ..., london : 1661. "an appendix to the fourth section concerning white, black, and other coloured garments" (p. 113-136) includes johann wilhelm stuck's antiquitatum convivialum. book 2, cap. 26, de vestitu conviviali. errata: p. 112. reproduction of original in yale university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of england. -book of common prayer. church of england -customs and practices. 2002-04 tcp assigned for keying and markup 2002-06 aptara keyed and coded from proquest page images 2002-07 john latta sampled and proofread 2002-07 john latta text and markup reviewed and edited 2002-08 pfs batch review (qc) and xml conversion a short sober pacific examination of some exuberances in , and ceremonial appurtenances to the common prayer ; especially , of the use and frequent repetitions of glosy be to the father , &c. standing up at it , at gospels , creeds , and wearing white rochets , surplises , with other canonical vestments in the celebration of divine service and sacraments ; whose originals , grounds of institution and prescription , are here truly related , and modestly discussed , for the instruction of the ignorant , the satisfaction of all contenders for , or oppugners of , and preventing future contests about them , for our churches vnion in gods publike worship . by william prynne esq a bencher of lincolns inne . rom. 14. 13. 19. let us therefore follow after the things which make for peace , and things wherewith one may edify another . let us not judge one another any more , but judge this rather , that no man put a stumbling-block , or an occasion to fall in his brothers way . phil. 2. 1 , 2 , 3 , 4. if there be therefore any consolation in christ , if any comfort of love , if any fellowship of the spirit , if any bowels and mercies , fulfill ye my joy , that ye be like minded , having the same love , being of one accord , of one minde . let nothing be done through strife or vain-glory , but in lowlinesse of minde let each esteem other better than himself . look not every one on his own things , but every man also on the things of others . caelestini papae epist. ad episcopos galliae , cap. 1. didicimus quosdam domini sacerdotes superstitioso potius cultui inservire , quàm mentis vel fidei puritati . habent tamen istum forsitan cultum , morem potius quàm rationem sequentes . discernendi à plebe vel caeteris sumus doctrina , non veste ; conversatione , non habitu : mentis puritate , non cultu . rudes ergò fidelium mentes ad talia non debemus inducere . docendi enim potiùs sunt , quàm illudendi : nec imponendum est eorum oculis , sed mentibus infundenda praecepta sunt . london printed by t. c. and l. p. and are to be sold by edward thomas at the adam and eve in little britain , 1661. to the kings most excellent majesty , charles the ii d. by the grace and admirable providence of god , of great britain , france and ireland king , defender of the faith ; and all syncere professors of it , within his dominions . having had the honour on last easter-eve , to present your majesty with a brief account of my service that week in the almost-accomplished great-good-work of paying and dis●●●●ding your majesties army and navy ( which for 〈◊〉 moneths space ingrossed all my time from mor●●ng till night , and oft till midnight ) to your majesties great content , and your peoples ease from future ●●cessant heavy monthly taxes ; i humbly crave ●●ave to prostrate at your royal feet my easter-holy-dayes studies , to exonerate the backs of hundreds , 〈◊〉 truly tender consciences of thousands of your ●●yal , pious , sober-minded protestant subjects of all degrees , from some exuberances in the commo●●● prayer book , and superfluous ceremonies , vestments ●● tending it , ( which give them offence , and may w● be laid aside , if your majesty and your approachi●● parliament shall judge convenient ) for our ch●● ches future peace , union in gods publick worship , pursuance of your majesties late most gratious , ●●ous , prudent , elegant declaration to all your lovi●● subjects of your kingdom of england and dominion wales , concerning ecclesiastical affairs , which ga●● life and birth to this publication . it is very observable , that albeit the a popes rome , and their flatterers , hold themselves infall● in their chair , and their church , councils inerrab● yet they all accord , that their publike missals , ●turgies ; though made , confirmed by their joynt a● vice with greatest care and diligence , are amendab●●●● alterable upon just occasion : witness their la●● council of b trents decree for the correction , ame●●ment of their formerly established catechism , miss●●●● breviary ; and the subsequent emendations of the●● and institution of a new masse book , ●pope pius the 5. with the advice of learned m● expressed in his bull dated at rome july 1557. p●● fixed to missale romanum , ex decreto sacro-sa●● concilii tridentini restitutum ; pii 5. p●●tificis maximi jussu editum , printed at rome t● year ● enjoyned by that bull , to be universally served , without any subsequent addition , alteration , mutation , under pain of his papal indignation : ● notwithstanding by another bull of his own , da●● at rome 17 december 1570. beginning with t●● memorable clause ; c for this purpose god hath anointed us with the oyl of gladness , and made us partakers of his inheritance , that being called to his priesthood like aaron , we should not only wholesomly order these things which pertain to divine worship ; but should also more wholsomly moderate those things which have been formerly enacted by us , and moreover alter and dispose of them , as upon serious consideration of things and persons , we discern to be wholesomly expedient in the lord ; he did ( upon this account ) by reason of some difficulties concerning the use of this new missal , arising in the kingdom of spain , tendred by some grave men sent to him from philip their catholike king , to which hee gave undoubted credit ; of his own meer motion , without the instance of any petition tendred to him thereupon , out of his certain knowledge and plenitude of apostolical power , think fit to reform several things in this new missal , as to the kingdoms of spain , and alter , dispense with it in no lesse than 21. particulars ( expressed in this bull ) notwithstanding all his former bulls and prohibitions to the contrary . after which pope gregory the 10 , his immediate successor , by another bull ( dated at rome 30 decemb. 1573. ) to take away some other new scruples and differences about this missal in the said kingdoms of spain ( upon the motion of other delegates sent thence from that same king philip ) granted several other dispensations and amendments of this missal in sundry particulars , comprised in his bull ; notwithstanding his predecessors letters , and all and singular clauses , prohibitions , and decrees to the contrary ; which two bulls of theirs , are printed before missale romanum , &c. cum licentia & privilegio , salmantica 1589. some thirty year after pope clement the 8. observing divers errors to be crept into this missal of pope pius the 5. by the trent councils decree ; through the printers errors , and some alterations in the epistles , gospels , psalms according to the vulgar edition different from the original text , commanded his learned cardinals to revise and correct this missal according to the original copy of pius quintus : d which task they undertaking , put some things into better form in the missal it self , and expressed some things more clearly and fully in the rules and rubricks ; which being notwithstanding deduced from their principles and foundations , may seem rather to imitate and supply their sense , than to induce any innovation . which being thus revised , amended , enlarged with new masses for new canonized saints , and proper masses of saints expressed at large for the easier benefit of those who celebrated them , he caused to be most exactly printed in the vatican , and published for the common good , in the year of our lord 1604. as he declares in his bull praefixed to this missal dated at rome the 7. of july the same year ; with this additional title ; — missale romanum ex decreto sacro-sancti concilii tridentini restitutum , pii 5. pont. max. jussu editum ; clementis 8. auctoritate recognitum . et cum missis novis de sanctis à paulo 5. gregorio 15. & s. d. n. urbano 8. ordinatis . missae propriae de sanctis omnes ad longum positae sunt pro faciliori celebrantium commoditate . if therfore the council of trent it self thought meet to reform the antient roman catechism and missal formerly established , * into which it confesseth , either by the vice of times , or unwariness or dishonesty of men , many things had crept , which were far from the dignity of so great a sacrifice , and had need to be reformed , that due honour and worship to the glory of god and edification of faithfull people might be restored to it . yea , to set out a new masse-book by authority of pope pius the 5. and this pope , within few years after , held it necessary and expedient to make some alterations , and dispence with other things in it , relating to the kingdoms and church of spain ; and pope gregory the 13. within 3. years after , to dispence with some other formalities and rubricks thereof upon the same reason : and pope clement the 8. ( about 30. years after ) held it necessary to revise the whole masse book , to correct the printers errors , the mistranslations of the epistles , gospels , psalmes therein varying from the original text ; and adde new rules , rubricks to it , explaining , supplying the defects of the former , together with new masses , for new saints , notwithstanding all former printed bulls , prohibitions , decrees to the contrary , and the pretended infallibility and inerrability of their chairs , church , councils ; then by the self-same presidents and better reasons , your majesty , with advice of your pious , learned divines and parliament , who have by * law established these articles of our churches belief ( to which all bishops , ministers have subscribed ) * that ( not only popes , but ) general councils may erre , and sometimes have erred , even in things pertaining to god. that it is not necessary that traditions and ceremonies be in all places one , or utterly like ; ‖ for at all times they haue been divers , & may be changed according to the diversity of countries , times , & mens manners , so that nothing be ordained against gods word . every particular or national church , hath authority to ordain , change and abolish ceremonies or rites of the church ( and liturgies too ) ordained only by mans authority , so that all things bee done to edifying ; may with much more justice , piety , prudence reform all errors , mistranslations of the epistles , gospels , psalms , and obsolete or unfit expressions in the book of common prayer , * twice altered , reformed in som particulars , in few years after its first publication by authority , acts of parliament ) yea , change , abolish such unnecessary rites , ceremonies attending it , which have given just offence , and occasioned much schism , dissention in our church between the protestant members of it , as well of the clergy as laity , ever since its first establishment in the 3d. year of k. edw. the 6. till this very day , and will do so in perpetuity , if not removed by your majesties piety and vvisdom , according to the purport of your late incomparable declaration ( for which the whole house of commons and all your protestant subjects whom they represented , returned your majesty their most cordial , publike thanks by their * speakers own mouth ) the blessed fruits whereof they all now hope and long to reap ; not only without the least prejudice to our religion , church , and main fabrick of the former liturgy , but with great advantage to them all . it is a received maxim among all polititians , artists , that no human institutions , laws , inventions , edifices are so absolutely exact , usefull , wholesom , necessary , but that they may upon just reasons of policy , piety , sundry emergent occasions and necessities be amended , altered , with wisdom , honour , safety , an publike utility . your majesty since your most happy miraculous restauration , have with great prudence and glory , made some laudable alterations in your royal palaces , walks , parks , of whitehall , hampton-court , and in westminster-hall itself , as well for conveniency as delight ( though very noble , usefull , compleat before ) without any prejudice to their structures , foundations , soile : and those bishops , deans and chapters who seem most opposite to the least alterations in our publike liturgy , or ceremonies , have yet very much altered , improved their old rents ( and tennants likewise ) to which they will not be confined by your majesties late declarations , or commissions : yea they daily violate and dispense with the very rubricks in the common prayer book , and several * acts of parl. by selling licenses to marry to all sorts of people for filthy lucre , without asking the banes three several sundayes or holy-dayes in time of divine service , the people being present , after the accustomed manner ; in reading the epistle , gospel and second service at the communion table when there is no communion ; and in not receiving the communion in their cathedral churches every sunday at the least , though they have no reasonable cause to the contrary , as the rubricks enjoyne them . and may not your sacred majesty then with as much wisdom , honour , and all your bishops and cathedral clergymen with farre more piety , justice , prudence , ( in obedience to your late royal declarations and engagements to all your subjects ) dispence with the oath of canonical obedience , the use of surplises , and other ceremonies for which there is no rubrick , statute , or known law of the land ; the reading of psalms , epistles , gospels in the church , according to the new translation of your royal grandfather of famous memory , king james ; yea freely admit all able , godly ministers ordained only by presbyters during the late unhappy differences and confusions of government , to benefices , fellowships , lectures , cures of souls , without a re-ordination by bishops , as well as admit reclamed popish priests ordained by bishops in the church of rome , without the least opposition , contest , for future peace , amity , unity between all your protestant subjects of different perswasions in these dividing particulars ? to facilitate , promote this much desired work , i have spent my few vacant holy-day hours in compiling this seasonable , short , sober , pacific examination , consisting principally of 4. particulars ( discussed in several sections ) to wit ; the use , and frequent repetition of gloria patri ; standing up at it , and at gospels , creeds , wearing of surplises , with other pontifical & sacer dotal vestments in the celebration of divine service and sacraments ; in the last wherof ( because most peremptorily insisted on from pretended grounds of scripture , reason by many romanists , and some protestant prelates , and * divines ) i have most expatiated , i hope , without the least offence to moderate sober christians , or your sacred majesty , and good satisfaction to all judicious perusers . wee all use to alter the proportion , matter , quality , fashion , number of our garments , attires , according to the several ages of our lives , the seasons of the year , the temper of the climates where wee live , and extraordinary occasions of solemnity , joy , grief or humiliation ; not only without offence to others , or prejudice to our healths , lives , but with much applause , and that for the necessary preservation both of health , life , and humane societie . the like wee doe in our corporal food : why may not wee then use the same liberty ( by your majesties and your parliaments publike authority or indulgence ) in the controverted case of ecclesiastical garments , ornaments , food , now under publike consideration , provided alwayes they bee a decent , orderly , wholesom , and b not repugnant , but agreeable to the holy scriptures ? if this poor mite , ( humbly presented to your all-piercing favourable eye , and gracious acceptation , as a monument of my bounden homage to your sacred majesty , at this most joyfull , triumphant solemnity of your coronation , ( the * form wherof i humbly dedicated and presented to your majesty soon after your glorious return to your royal pallace ) shall contribute any assistance to the accomplishment of your majesties healing , uniting design of all disagreeing parties in points of ceremony , liturgy , worship , ( the only end of its compiling and publishing ; ) i shall heartily blesse god for its good successe , and alwayes continue my cordiallest daily prayers to the a king of kings , for your majesties long , most pious , just , peaceable , glorious reign over all your dominions upon earth , for the advancement of the true reformed religion , the protection of all real , zealous ministers , professors of it , and all your subjects tranquillity , felicity : til you shall exchange that fading b crown of pure gold , ( which god himself hath now set upon upon your anointed head , to the unspeakable ioy of all your loyal subjects , maugre all oppositions , conspiracies of men or devils to prevent it , and that with greater magnificence , splendor , than any of your royal progenitors have been crowned , which god grant you alwaies to wear with most transcendent renown ) for an eternal c crown of glory in the highest heavens , which fadeth not away . your majesties most humble , devoted subject and servant , william prynne . lincolnes inne , apr. 23. 1661. a short , sober , pacifique examination of some exuberances in , and ceremonial appurtenances to the common-prayer . although i have in my judgement and practise alwayes approved the use of set-forms of publick prayers , and administration of the sacraments in churches , as warranted by a scripture , the antient practise and b liturgies of the greek , latine , gothick , aethiopick , and other churches ( some whereof are spurious impostures , others interlaced with modern sophistications and superstitions by popish innovators ) and of all or most churches at this day throughout the christian world , whether epipiscopal or presbyterial , papists or protestants ; and albeit i was never an oppugner of , or sep●ratist from the book of common-prayer , and administration of the sacraments , established in the church of england , whereunto i have constantly resorted ; yet i must ingeniously professe i am clear of opinion , 1. that a set standing form of common-prayer and sacramental administrations , is not absolutely necessary for the being , though c convenient for the well-being , and unity of a national church . therefore not to be prescribed as a thing of absolute indispensible necessity ; but only of conveniency , decency , as tending to publick unity . 2. that there are and may be d several set-forms of publick , as well as of private prayers and devotions , used in several provinces , kingdoms , national churches , and that all churches , nations are no more obliged to use one form of publick prayer and administration of sacraments , than all private christians are to use the self-same form of private prayers in their several families , closets , or one kind of grace before and after meat : but are all left at liberty to embrace or establish what forms they deem most beneficial for the peoples spiritual edification , best conducing to their salvation , and union in gods publick worship . 3. that no one form of publick liturgy is so compleat , exact , or unalterable , but that upon grounds of piety , prudence , and sundry emergent occasions , it may be altered , e varied , amended , or totally set aside ; and a new form of common-prayer established in its stead ; ( at f pope pius the 5. and clement the 8. acknowledge ) being only of human and ecclesiastical , not divine institution . 4. that the prescription or use of set-forms of publick prayers ought not to suppresse , discontinue , interrupt , or disparage the exercise of the gift or grace of conceived , extemporary prayers or thanksgivings by ministers and other christians in publick or private upon ordinary or extraordinary occasions ; nor yet to hinder or disturb the constant preaching of the word in season , and out of season ; as is evident by the whole book of psalmes , the g special prayers and thanksgivings of moses , david , solomon , nehemiah , ezra , hezekiah , daniel , ieremiah , in the old , and of ( h ) christ and his apostles , recorded in the new testament ; being all compiled and used upon extraordinary occasions ; the ( i ) publick prayers in the primitive church never secluded or diminished the use of private conceived prayers or preachings ; therefore they should not do it now . 5. that the bare-reading or chanting of common-prayers in the church ( which every parish-clerk , chorister , singing-man , scholar , or parishioner who can read , may and can perform as well as any archbishop , bishop , dean , prebend , or minister ; ) and wearing of canonical vestments is no principal part of a bishops or ministers duty , as many now of late suppose it : but only the a constant , frequent preaching of the gospel , and administration of the sacraments ; wherein too many bishops and ministers are over-negligent , as if it were the least part of their function ; whenas their ministerial and episcopal office consists principally therein ; as is evident by christs own first and last missions of , and charges to his disciples , go ye into all the world and preach the gospel to every creature , teach all nations , baptising them in the name of the father , and of the son , and of the holy ghost ; teaching them to observe all things whatsoever i have commanded you . by b christs and his c apostles daily constant preaching the gospel publickly , and from house to house , in all places where they came , without intermission . by pauls asservations , d christ sent me not to baptise , ( that is principally , or in the first place , nor yet to read , or chant common-prayer in a cathedral tone ) but to preach the gospel . for though i preach the gospel , yet i have nothing to glory of , for necessity is laid upon me , yea , wo is unto me if i preach not the gospel ; and that dreadfull injunction of god himself by paul to timothy , ( whom our a bishops and their chaplains , as well in their late as former consecration sermons and discourses , will needs make to be a diocaesan bishop or motropolitan by divine institution , upon whom they found their episcopacy , and therefore must be equally lyable to this injunction , as well as timothy ) b i charge thee therefore before god , and the lord iesus christ , who shall judge the quick and the dead at his appearing , and his kingdom , preach the word be instant in season , out of season , rebuke , reprove , exhort with all long-s●ffering and doctrine , do the work of an evangelist , make full proof of thy ministry . ; thus seconded by his charge to the bishops of ephesus , c take heed therefore unto your selves , and to all the flock over the which the holy g●ost hath made you bishops , to feed the church of god ( by teaching publickly , and from house to house ) which he hath purchased with his own blood . the due consideration whereof should terrifie and amaze all non-preaching , or rare-preaching bishops and ministers , who by their curates or choristers read or sing common-prayers once or twice every day or lords day at the least , and yet seldom personally preach the gospel to their people once a month , quarter , year ; yea cry up common-prayers to suppresse frequent constant preachings ; when as the d council of trent it self resolves , that preaching of gods word is the principal part of a bishops office , and belongeth chiefly to bishops ; whereupon it enjoyns them , and the parish-priests throughout their diocesse , to preach every lords day , and holy day , and in the time of easts , lent , and advent , to preach the word of god daily , or at least thrice a week , and at all other times whenever it may be oportunely done , for the salvation of this people , whom they are diligently to admonish , that they repair to the church to hear gods word , when ever they can conveniently do it . yea e bernardinus senensu , a famous popish fryer , is not afraid to assert , that the people are more obliged to hear , and priests to preach the word of god , than to hear or say masse ; and that experience manifests , that the people will incomparably suffer more prejudice both in faith and manner , and grow more void of the fear , love , knowledge of god , and veneration of the sacraments , and more over-grown with the stench and horror of sinnes , by the want of preaching , than by the want of masse and common-prayer ; concluding , sic utique est populus sine divino verbo licet etiam missae frequententur , sicut mundus s●e sole , that the people without the preaching of gods word , although they frequent masse and common-prayers , will be but like the world without the sun. and therfore all our bishops , ministers should much more diligently presse and apply themselves to the diligent frequent preaching , and all people to the assiduous hearing of gods word , than to the reading or hearing of common-prayers , which too many esteem the principal means to instruct and save their souls , and more necessary than preaching of the gospel of christ , though a the power of god ●nto salvation , and principle means of faith , of converting and saving the souls of those who believe it . 6. that there are somethings in the book of common-prayer very necessary and fit to be amended ; as 1. the mis-recital of ezech. 18. 21 , 22. in the very beginning of the book , which many much abuse , to the deferring of their repentance . 2ly . the continuance of the old english translations of the psalmes , epistles , gospels , and other texts of scripture , according to the versions of mr. tyndal , thomas matthews , and mr. coverdale , which are not so exact , so agreeable with the original , and dialect of this age , as the more compleat , refined translation made by king iames his command , now only read and used in our churches , and most private families : therefore most fit to be used , and henceforth inserted into the common-prayer-book , to take away all former controversies and exceptions against the old translation , as well by mr. thomas cartwright , the lincoln-shire-ministers , the assembly of perth , and others heretofore , and of a dr. cornelius burgesse , with sundry more of late times ; especially against that of psal. 105. v. 28. ( occasioned by the printers omission of one syllable , to wit , obedient , for disobedient , ) not the translators . only i shall observe , that the old translation of phil. 2. 10. in the epistle for palm-sunday ; according to the greek original , all latin translations but one , all english versions whatsoever but the geneva , and that of king iames , ( which ought to be amended in this particular ) truly rendred the words , that in ( not at ) the name of iesus every knee be bowed , or should bow ( in the passive , not active verbe and sense ) of things in heaven , and things in earth , and things under the earth , &c. till corrupted and turned into at ( not in ) the name of iesus every knee should bow , &c. in the active , not passive signification , by dr. cosins , about 25. years past : expresly against the original , the latin , and most other translations whatsoever , the old english translations of trevisa , tyndall , matthews , coverdale , the bishops bible , dr. fulke , mr : cartwright , the epistles and gospels printed in english at paris , anno 1558. yea against the very sense and scope of the text it self , and our english dialect ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in nomine , &c. being never rendred or translated at , but in the name alone , in all texts , liturgies , collects , writs , warrants , histories , authors whatsoever ; and the phrase at the name , never heard of , read , used in any english , latin , greek , hebrew , syriack , a● abick , french , spanish , italian , german , sclavonian , or other writer whatsoever , but only in this text ; and all to justifie the ceremonie of bowing the head , and putting off the hat at the sound , or hearing of the name iesus : first introduced and prescribed by pope gregory the 10. about the year of christ 1272. at the reading of the gospel only ; after that enjoyned by other popes , popish canons , decrees and masse-books , with indulgences annexed for the users thereof to induce them thereunto ; though never intended nor prescribed by this text , nor practised in the primitive church for above 1200 years space , nor in the reformed churches abroad , nor enjoyned by the common-prayer-book , or any injunctions or canons of our church confirmed by parliament , to make them valid , as i have a elsewhere proved at large . 3ly . the frequent repetition of the lords prayer , purposely instituted , prescribed to prevent much babling , and vain repetitions in prayer , ( in b use only among the heathens , who thought they should be heard for their much speaking ) expresly prohibited by our saviour , mat. 6. 7 , to 16. and by eccles. 5. 1 , 2. prov. 10. 19. which repetitions seem to countenance the c papists vain battologies and abuse of the lords prayer in their missals , offices , rosaries , psalters , beads , by many successive rehersals thereof , against the expresse command and institution of christ. 4ly . the often rehearsals of good lord deliver us ; wee beseech thee to hear us good lord , by all the people in the reading of the letany : which antiphonies and responsals between minister , clerk and people ( except d amen at the cloze of every prayer ) have no precept nor president in scripture or solid antiquity , but only in popish missals , pontificals , offices , processionals , ceremonials , psalters , primers . i shall not at all insist upon kneeling at the sacrament , the crosse in baptism , the ring in mariage , for which there is neither command nor example in scripture or the primitive church next after the apostles , which mr. cartwright , mr. knewstubs , the lincolnshire ministers , mr. parker , mr. paybody , doctor burgesse , archbishop whitguift , master hooker , doctor prideaux , and sundry others have at large debated , pro & contra , and may be omitted , or left arbitrary to all ; but only confine my self to some few particulars , which others have but slightly touched , not satisfactorily discussed . sect . i. of the frequent repetition of glory be to the father , &c. at the end of every psalm , and in the midst or end of some prayers , canticles , songs , scriptures , to which god never annexed it ; and at the close of athanasius his creed . the first thing i shall here examine , is the reasonablenesse and grounds of this rubrick in the beginning of the book of common-prayer , at the end of every psalme throughout the year ; and likewise at the end of benedictus , benedicite , magnificat , nunc dimittis , ( and after o lord make haste to help us , quicunque vult , o lord arise help us , and deliver us for thy name sake , the psalm for the churching of women &c. ) glory be to the father , and to the sonne , and to the holy ghost as it was in the beginning , is now , and ever shall be world without end . amen . ; which is repeated ( especially where the psalmes are short ) six or seven times one after another every morning , and as oft at evening prayer ; and that by way of antiphony and responsals both by the minister , clerk and people , though the rubrick prescribe it not , but only orders the priest to say it , without the people or clerk. this rubrick and practise seems very needlesse , superfluous , unreasonable , offensive , unlawfull , and fit to be redressed , to many judicious , conscientious , sober christians who resort to common-prayers , as well as to seperatists from them , upon these ensuing considerations . 1. god himself never prescribed nor annexed this form of doxalogie , nor annexed it to the end of any one psalm , much less of every parcel of scripture , song or ganticle , to which the rubrick , and common-prayer-book inseperably annex it , when read in churches morning or evening all the year long without omission or intermission ; which seems to many to be an addition to gods sacred word ( of which the ignorant vulgar , and ignorant priests repute it a part , as they do the postscripts to pauls epistles ) expresly prohibited by god himself , deut. 4. 4. 2. c. 12. 32. josh. 1. 7. prov. 30. 6. rev. 2. 18. ye shall not add to the word which i command you , nor diminish from it , that you may keep the commandment of the lord your god. adde thou not unto his words , lest he reprove thee , and thou be found a lyer . if any man shall adde unto these things , god shall adde unto him the plagues which are written in this book . yea , a making of our selves wiser than the * only wise god , who would have added glory be to the father , &c. to the end of every psalm , song , scripture , had he reputed it necessary or expedient for us to use and repeat it , when they are publickly read in the time of his solemne worship . 2. it seems to be a mere humane-invented will-worship and tradition , never particularly prescribed nor required in any part or text of scripture , in regard of manner , form , or frequent usage ; and so condemned by matth. 15. 9. in vain do they worship me , teaching for doctrines the commandements of men . isay 1. 12 , 13. who hath required this at your hands ? bring no more vain oblations , i am weary of them . col. 2. 20 , 22 , 23. wherefore if ye be dead with christ from the rudiments of the world , why as though living in the world are ye subject to ordinances , after the rudiments and doctrines of men ; which things have indeed a shew of wisedom in will-worship , and humility . 3. it was never thus used by gods people in any parts of his publick worship in the old , or new testament , nor by any of the apostles , primitive churches , bishops , or christians for above 300. years after christ ; therefore not just to be so peremptorily enjoyned or practised now . e alcuinus , f mat. westminster , mr. g fox , h others relate , and mr. i hooker , dr. k boyes confess pope damasus in the year of our lord 376. ( or st. ierom at his request , as some fable ) was the first who introduced glory be to the father , and to the son , and to the holy ghost , appointing it to be repeated in the church at the end of the psalmes . and l laurentius bochellus informs us , that as it was in the beginning , is now , and ever shall be , &c. was added to gloria patri long after , by the 2. provincial council of vasio in france , in the year of christ 450. not before ; seeing then god himself commands us , m to stand in the wayes , and ask for the old pathes , where is the good way and walk therein , and ye shall find rest for your souls ; and to keep the old commandement , even the word which we have heard from the beginning ; and n tertullian assures us , illud verius quod antiquius ; we ought not to follow this innovation so long after the apostles time , introduced by a popes authority . 4. it was first inserted into , and prescribed to be used in and by popish missals , and mass-books after every psalme , hymne , prayer , in the self-same manner as it is in the common-prayer-book , into which it was originally transplanted out of these * romish missals ; as is evident by officium , & processionale secundum usum sarum , missale romanum , ex decreto sancti concilii tridentini restitutum , pii 5. pontificis max. jussu editum . salmanticae 1588. rubricae generales missalis . missale romanum , clementis 8. aucthoritate recognitum . antuerpiae 1630 , & * alcuinus ; pontificale & caeremoniale romanum , 5. the frequent use and repetition of it after every psalm , hymn , some prayers , creeds , at least 8. or 9. times every morning prayer , seems to be a vain babling and repetition , prohibited by eccles. 5. 1 , 2. prov. 10. 19. and matth. 6. 6 , 7 , 8. and an imitation , if not justification of the papists use of the ave mary after every pater noster , which they have annexed to the lords prayer , as well as gloria patri to the end of every psalme and sacred hymne , with an addition to the ave maria it self ; which makes it a o prayer to her ; when as in it self it is but a bare salutation , and prayer for her . 6. this daily use and frequent repetition of gloria patri , &c. is a mere unnecessary super●luity & exuberancy which may well be spared : for if it were originally introduced and still continued in the church only as a paraphrastical exposition of ro. 11. 36. to * manifest our sound judgment concerning the sacred trinity against the arrians ; as p mr. hooker , q dr. boyes , and other patrons of it affirm . and if , as it was in the beginning , &c. was superadded thereunto by the 2. provincial council of vasio , and yet continued , by reason of the incredulity and craft of hereticks , who blasphemo●sly affirmed , dei filium non semper cum patre fuisse , sed à tempore caepisse ; that the son of god was not alwayes with the father , but to have his beginning from time , as this council and r bochellus assure us ; it is then humbly submitted to the judgement of all impartial christians who acknowledge , glorifie , and worship the trinity in unity . and believe the eternity of our saviours generation : whether the single rehearsal of one or more of these sacred texts of scripture at the beginning , middle , or end of morning or evening prayer , viz. 1 iohn 5. 7. there are three that bear record in heaven , the father , the word and the holy ghost , and these three are one . mat. 28. 19. all power is given unto me both in heaven and earth ; go therefore and teach all nations , baptising them in the name of the father , and of the son , and of the holy ghost . rev. 4. 8. holy , holy , holy lord god almighty , which was , and is , and is to come . iohn 1. 1 , 2. in the beginning was the word , and the word was with god , and the word was god ; the same was in the beginning with god. heb. 13. 8. jesus christ , yesterday , and to day , and the same for ever . rev. 1. 8 i am alpha and omega , the beginning and the ending saith the lord , which is , which was , and which is to come . rom. 9. 5. christ , who is over all , god blessed for ever . amen . prov. 8. 22 , 23. the lord possessed me in the beginning of his way , before his works of old : i was set up from everlasting , from the beginning , or ever the earth was : when there were no depths , i was brought forth ; before the hills was i brought forth , &c. when he appointed the foundations of the earth , then i was by him , as one brought up with him , i was daily his delight , rejoycing alwayes before him . whether these texts rehearsal would not far more clearly , satisfactorily manifest , testifie our judgement concerning the right worship , eternal being , generation , and deity of christ , than this invention and frequent repetition of glory be to the father , &c. being no canonical scripture as these texts are , and a mere humane invention ? ( wherein the * first inventors were much divided among themselves . ) besides , the soundnesse of our faith in the blessed trinity , and our saviours eternal generation , is more fully , clearly expressed every morrning and evening prayer , by the rehearsal of the apostles , the nicene , athanasius creeds , inserted into the common-prayer-book , by the very beginning of the letany read every lordsday , friday and wednesday ; by the form of baptism constantly used every day in great parishes , and by the psalms , lessons , collect , epistle and gospel on trinity sunday , than by gloria patri ; &c. therefore it may very well be spared as a needlesse superfluity in our church . 7. this addition to gloria patri by the council of v●sio , as it was in the beginning , is now , and ever shall be , world without end . amen . on purpose to expresse the eternal being and generation of christ , and refute those heretiques who denyed it , if judiciously examined , is very defective in it self , and incongruously annexed to glory be to the father . for 1. there is no mention at all of christ , not one syllable in it concerning his eternal generation , as there is in prov. 8. iohn 1. and other fore-cited texts . 2ly . it seems clearly to exclude christ , and to relate to somthing else ; as it ( not christ ) was in the beginning is now , and ever shall be , imports . 3ly . christs eternal generation in the beginning , cannot properly be said , is now , and ever shall be world without end , without some incongruity and contradiction . 4ly . as it is coupled with the precedent clause , glory be to the father , and to the son , and to the holy ghost , it must * necessarily relate to the three persons alike , & not to christ alone , much lesse to his eternal generation , of which there is no mention in the first clause . for since the father and the holy ghost are not begotten , but only the son ; and this clause refers to the father and holy ghost as much as to the son ; it cannot peculiarly express or declare the eternal generation of the son , but rather the eternal being and immutability of the father , son , and holy ghost , in a true gramatical and logical construction . 5ly . any heretique may easily evade this clause by applying it only to the father who is first , or to the holy , last mentioned in gloria patri , and not to the so● . 6ly . the illiterate vulgar , yea ignorant reading priests , vicars , atheists , do no wayes understand it of the sons eternal being and generation , but rather in a litteral and quite other sence , than the original contrivers of it intended , even according the sence and language of those atheistical s●●ffers prophecyed of by st. peter in these last dayes , ( who hold the world to be eternal , and to have no end , contrary to psal. 102. 25 , 26 , 27. hebr. 1. 10 , 11 , 12. isay 34. 4. mar. 13. 19 , 40 , 49. c. 34. 3 , &c. 1 pet. 4. 7. 2 pet : 3. 6 , to 14. rev. 6. 12 , 13. ) saying , where is the promise of christs coming ( to judgement ) for since the fathers fell asleep all things continue as they were from the beginning ; and do so now , and ever shall do world without end ; whose atheistical scoff and opinion these words do more serve to justifie and corroborate , than the eternal generation of our saviour ; therefore not fit to be still continued in our church now there are so many atheists prophane scoffers and deriders of christ's second comming , and the worlds approaching dissolution , whom peter largely refutes , 2 pet. 3. 6 , to 14. 8. if the use of gloria patri , &c. was first instituted and inserted into publick liturgies ( as some conceive ) to render glory and praise to god , and the trinity in unity ; no doubt this may be far better , and more effectually performed without the least exception , by the recital of the song of the angels and heavenly ho●t , at our saviours nativity , luke 2. 14. and that of luke 19. 38. glory to god in the highest , &c. ( inserted into the common-prayer , and repeated at every celebration of the lords supper , with some additions of like nature ) prescribed to be used in churches and liturgies by * pope telesphoru● , in the year 139. long before the invention or prescription of gloria patri , by pope damasus . of rom. 11 36. of him , and through him , and for him are all things , to him be glory for ever amen , of which doctor boyes and others make glory be to the father , &c. a mere paraphrastical exposition , gal. 1. 4 , 5. according to the will of god , and our father , to whom be glory for ever and ever amen . 1 tim. 1. 17. now unto the king eternal , immortal , invisible , the only wise god , be honour and glory for ever and ever amen . 2 tim. 4. 18. and the lord shall deliver me from every evil work , and will preserve me unto his heavenly kingdom , to whom be glory for ever and ever amen . heb. 13. 20 , 21. now the god of peace , that brought again from the dead our lord iesus , &c. make you perfect in every good work to do his will , working in you that which is pleasing in his sight , through iesus christ , to whom be glory for ever and ever amen . rom. 16. 27. to god only wise , be glory through i●sus christ for ever , amen . 1 pet. 5. 10 , 11. but the god of all grace , who hath called us into his eternal glory through i●sus christ , make you perfect , stablish , strengthen , settle you ; to him be glory and dominion for ever and ever amen . rev. 4. 9 , 10 , 11. c. 5. 12 , 13 , 14. and when those beasts give glory and honour and thanks to him that sat on the throne , who liveth for ever and ever , the 24. elders fall down ( not stand up ) before him that sat on the throne , and worship him that liveth for ever and ever , and cast their crowns before the throne , saying , thou art worthy , o lord , to receive glory , and honour , and power , for thou hast created all things , and for thy pleasure they are and were created . and i heard the voyce of many angels round about the throne , and the beastes and the elders , and the number of them was ten thousand times ten thousand , and thousands of thousands ; saying , with a loud voyce , worthy is the lambe that was slain to receive power , and wisedome , and riches , and honour , and glory , and blessing . and every creature which is in heaven , and under the earth , and such as are in the sea , and all that are in them , heard i , saying , blessing , honour , glory and power , be unto him that sitteth upon the throne , and unto the lamb for ever and ever ; and the four beasts said , amen . rev. 7. 9 , 10 , 11 , 12. after this i beheld , and lo , a great multitude which no man could number , of all nations , and kinreds of people and tongues stood before the throne , and before the lamb cloathed with white robes , and palmes in their hands ; and cryed with a loud voyce , saying , salvation to our god which ●itteth upon the throne , and unto the lamb ; and all the angels stood round about the throne , &c. and fell before the throne on their faces , ( not stood up ) and worshipped god , saying , amen . blessing , and glory , and wisedom , and thanksgiving , and honour , and power , and might , be unto our god for ever and ever . amen . the reading or reciting of one or more of these canonical doxalogies at the beginning , middle , or end of morning of evening prayers , would certainly be more canonical , expedient , usefull in and to our churches , and lesse subject to exceptions , than this frequent repetition of gloria patri , &c. a mere superfluous humane invention and tradition , which ought to give place to these forecited sacred texts . 9ly . the annexing of gloria patri to , and repetition of it at the end of every psalm , is either incongruous , impertinent , or superfluous at the best . the greatest part of the psalms are either supplications , intercessions , prayers , exhortations , imprecations , lamentations , instructions , admonitions , or penitential confessions of sin , and gods judgments inflicted for the same ; and to repeat glory be to the father , &c. at such psalms cloze , seems to considerate christians a great incongruity , impertinency , and absurdity ; especially when * sung with organs and the quire in cathedrals , as caeremoniale romanum requires it . compare this doxalogy with the last verses of psal. 1. 6. 9 , 10. 12. 14. 15. 19. 20. 22. 25. 31. 33. 36. 38. 39. 40. 46. 47. 49. 51. 55. 70. 76. 78. 80. 81 , &c. and you shall at first discern how little coherenoe , harmony there is between them . the residue of the psalms are for the most part gratulatory , consisting of prayses , thanksgivings , and gratifications to god for his spiritual , temporal , and eternal mercies & deliverances ; concluding with ‖ praise ye the lord , or beginning with it : and to annex gloria patri to them , is either a mere unnecessary superfluity or tautoligy , an adding of water to the ocean , and of human inventions to divine thanksgivings . a honorius augustodunensis , flourishing about the year of christ , 1120. in his gemma animae , sive de divinis officiis & antiquo ritu missarum ) out of which gulielmus durantus hath borrowed most part of his rationale divinorum ) lib. 1. c. 121. yea b missale romanum , set forth by pope pius quintus , and revised by pope clement the 8th . with others inform us , that at the mass of the dead , gloria patri , and allelujah , which signifie gladness , are not sung or used , because this masse imitates sorrow : and we are thereby admonished that we came into the world with sadness , and shall depart thence with sorrow . if then papists , popes , and missals themselves repute gloria patri incongruous and absurd to be sung or said in masses for the dead , upon this account ; it must by the self-same reason be as incongruous and absurd for any to chant or repeat it at the end of penitential , supplicatory , lamenting complaining psalmes , or palmes that are read at funerals . the same honorius , l. 2. c. 2 , & 10. informs us , c that the 1 , 2 , 3 , and 6. psalms ( which he applies to the generation from adam to noah in general , & to abel , enos , enoch & lamech in special ) are all said under one gloria patri , because the just men of that age are believed to have worshipped the trinity . and that all psalmes are sung with gloria patri , because al the foresaid orders , ( of priests , judges , kings , in the several ages from adam to christ ) are written to have worshipped the trinity ; and therefore three psalms and three anthems are likewise sung . this is the only reason i meet with for the chanting and repeating gloria patri after every psalm , which how monkish , weak , and ridiculous it is ( since upon the same account it ought to be sung or read after every chapter in the old and new testament , or else it implyes , that the pen-men of those canonical texts and chapters after which it is neither sung nor read , did not adore the trinity ) let the impartial readers judge : since the apostles and christians in the primitive times next after christ would have used it after every psalme and canticle upon this account , which they never did ; and we ought not to be * wiser in our own concrets than they , in matters which concern gods immediate worship . 10. gloria patri , &c. coupled with as it was in the beginning is now , and ever shall be , &c. intimates , that the doxalogy was used from all eternity in honour of the blessed trinity by saints and angels , before either of them were created , or at least from the creation till this present time , without variation or intermission , which is both false and absurd to assert : yea litterally taken archbps , bishops , deans , chapters , prebends , cathedralists who are most zealous for its continuance , have least reason of any other christians to practise , chaunt , repeat it , since they have so much degenerated , swarved from the bishops , ministers in the apostles age , and primitive church in their daily preaching , manners , habits , vestments , ornaments , church-musick , piety , humility , jurisdidictions , temporal possessions , ceremonies , government , ( by d a joynt council of presbyters ) ecclesiastical centsure ; of neither whereof they can truly say , as it was in the beginning is now , nor yet and ever shall be world without end , amen ; which they should henceforth discontinue , unlesse they will really conform themselves in all things to the primitive bishops and ministers , in point of worship , doctrine , disciplne , administration of sacraments , cereremonies , vestments , church-service , and contempt of worldly pomp , riches , honours , heavenly conversation ; and comply with his majesties most gracious declarations touching ecclesiastical affairs , and the endowment of poor vicaridges with competent maintenance for the benefit of the peoples souls and bodyes , to which they are very a verse . 11. the usual custome of repeating gloria patri , &c. as it was in the beginning , &c. interchangably by the ministers and people ; the minister sometimes reciting the first clause , and the clerk and people the latter ; sometimes the clerk and people rehearsing the fi●st part , and the minister the last , by way of dialogue , antiphony and responsals ; as it is contrary to the rubrick , which prescribes the priest alone to rehearse it , not the people , who are but to say amen thereto ; so is it contrary to the practise of gods church in the first and purest times . and the recital thereof with a loud obstreperous voyce as well by women as men , repugnant to the apostles express precepts , 1 cor. 14. 34 , 35. let your women keep silence in the churches , for it is not permitted unto them t● speak ; for it is a shame for them to speak in the church ; therefore most fit to be reformed for the future , and laid quite aside . 12. the repetition of glory be to the father , &c. after every psalme , hymne and versicle , according to the rubrick in times of divine service , hath introduced a new disorderly , confused custome and ceremony in cathedral and some other churches , ( though prescribed by no rubrick , law , sanction , or canon of our church ) of starting and standing up at every rehearsal of it , and quatting down again as soon as it is repeated ; which gives a great offence to many , therefore i shall next discusse it . sect . ii. of ministers and peoples rising and standing up at every rehersal of glory be to the father , &c. though the gesture of rising and standing up during any part of divine service , simply considered in it self , be a thing indifferent , and lawfull , as well as kneeling or sitting , as the * marginal scriptures evidence , yet the customary , constant usage thereof at gloria patri in all cathedral , most parish churches , chapels , newly revived , gives great distast to many sober christians , upon these ensuing considerations , which make them to disgust the use of gloria patri it self , as an unnecessary superfluity which may well be spared . 1. because there is no precept nor president for any such usage or custom , in the old or new testament , nor in the primitive church , when purest , devoutest , for above 700 years after christ. 2. there is no rubrick , law , legal canon or injunction for it in our own church since the reformation of religion , as there was before in times of popery ; it being exploded upon the reformation and establishment of the book of common-prayer , though since introduced by degree● in cathedrals and parish churches , by innovating prelates , and prelatical clergy-men , without any law , against the minds of our first reformers who exploded it . 3. because the frequent sudden starting and standing up in the reading of the psalms , & other parts of the liturgy , at and during every rehearsal of gloria patri , & pronouncing it promiscously with a loud voyce , as well by men as women , who are to keep silence , and not suffered to speak in the church , whiles others sit as before , ( because this ceremony is not prescribed ) and then quatting down again , to the disturbance of those who sit by or near them , and offence of those who scruple , dislike this illegal innovation , as an undecent and disorderly custom , introduced without any solid reason , contrary to the apostles prescription and direction , 1 cor. 14. 33 , 34 , 35 , 40. and 1 tim. 2. 11. 12. let all thingste done decently and in order , for god is not the author of confusion but peace ; let your women keep silence in the churches , &c. this chaunting and rehearsing of gloria patri by all the people with a loud voyce , together with the priest at the end of the psalm , was long since thus censured as a strange disorderly innovation , by * cassianus a presbyter of marselles . illud autem quod in hac provincia vidimus , ut uno cantante in clausula psalmi , omnes adstantes concinent cum ●amore , gloria patri , et filio , et spirituisancto , nusquam per orientem audivimus ; sed cum silentio omnium , ab eo qui cantat , finito psalmo or ationem succedere : therefore most fit to be reformed now , there being no rubrick , law or canon that prescribes it in our church . 4. because it is directly contrary to the president and practise of the 24. elders , and the great multitude of saints of all nations , and kinreds and people , rev. 4. 11 , 12. cap. 7. 10 , 11 , 12. who when they gave praise and glory unto god , did all fall down on their faces ( not stand up upon their feet ) before the throne , and him that sat thereon , saying , thou art worthy , o lord , to receive glory , and honour , and praise : blessing , and glory , and wisdom , and thanksgiving , and honour , and power , and might , be unto our god for ever and ever amen . the same in substance and words almost with gloria patri , &c. at which all now use to rise and stand upright , insteed of falling down on their faces ; yea rise up not only from their seats , but knees , when they are praying , o lord make haste to help us , to chant or say glory be to the father , &c. subjoyned to that and other prayers . 5. because this starting and standing up at gloria patri , was originally introduced , prescribed by popish missals , councils , canons , priests , and taken up in imitation of popish prelates , priests , monks , papists , in their celebration of their masses , in which they all stand up together when gloria patri is repeated at the entrances of their several masses , the end of every psalme , and other parts of their masse . when and by what popes and councils it was first introduced , i cannot certainly define . chronicon reichespengense , a fredericus lindebrogus , with others fore-cited , inform us , that pope damasus , anno 368. in fine cujusque psalmi gloria patri cantariprimus invenit & constituit : but that he enjoyned all or any to stand up when it was thus sung or read , no author once records . the capitularia of the emperor charles the great , and ludovicus pius , collected by abbot ansegisus , and benedictus levita , l. 1. tit. 70. de fide presbyterorum ab episcopis discutienda , ordani ; ut episcopi diligenter discutiant per suas parochias , &c. vt gloria patri cum omni honore apud omnes cantetur ; & ipse sacerdos cum sanctis angelis & populo dei communi voce , sanctus , sanctus , sanctus decantet : but that they should stand up when they sung it , there is not one syllable in this constitution , nor in any b fore-cited council or decretall , that enjoyns the use of gloria patri . therefore it was not practised in that age ; the first council i have yet found that prescribes standing up at gloria patri , is the provincial d council of senns in france , in the year 1528. cap. 18. de horis canonicis distincte , reverenter & honestè in ecclesia decantandis , which enjoyns , that in cathedral , collegiat and conventual churches , ( not parochial or chapels ) cum dicitur gloria patri , et filio , et spiritui sancto omnes consurgant ; , but why all should thus rise and stand up together when glory be to the father , &c. is said , it renders no reason at all , nor any council else i have yet perused ; neither can i find any probable reason for it , but that which is intimated in ritus celebrandi missam , prefixed to missale romanum , revised by pope pius the 5th . and reformed by pope clement the 8th . de principio missae , sect . 3. sacerdos cum in fine psalmor ●m dicit , gloria patri , &c. caput cruci inclinat ; that the priest when he saith gloria patri in the end of the psalms , may the better bow * his head to the crucifix or altar , ( and the people together with him ) which he and they could not so conveniently perform , unless they stood up and raised themselves from their seats . this council of senns , immediately subjoyns in the same canon , cum nominatur illud nomen gloriosum iesus , in quo omne genu flectitur ( in , not at which every knee is bowed , in the passive , not active sence ) coelestium , terrestrium & infernorum , omnes caput inclinent . a canon contrary to the words of the text , phil. 2. 9 , 10. which requirs , that every knee , not head should be bowed , as well as repugnant to its sence , which is only this , that god hath highly exalted iesus christ to be the soveraign lord , not only of his church , but all other creatures ; and that in the general day of judgement not only all angels , saints , but devils , damned persons , should actually be subjected to his soveraign power , as their supreme lord and iudge , not iesus or saviour , ( he being no saviour , but only a lord over devils , damned persons , and all other creatures but men ) and actually confesse him to be their ‖ lord , to the glory of god the father : the genuine scope and meaning of this much abused , mistaken text , as is evident by the words , and isaiah 45. 23. rom. 14. 9 , to 15. c. 2. 5 , to 17. mat. 25. 31 , to 46. c. 28. 18 , 19. ephes. 1. 19 , to 23. heb. 1. 2 , 3 , 4 , 6 , 7 , 8. c. 2. 8. col. 1. 15 , to 20. acts 2. 34 , 35 , 36. c. 10. 36 , 42. col. 1. 15 , to 20. rev. 1. 5 , 6. c. 5. 11 , to 14. c. 20. 12 , 13. 1 tim. 6. 14 , 15. iohn 5. 20 , 21 , 22 , 23. which fully explain this text , as i have * elsewhere largely evidenced . the next council i find prescribing standing up at gloria patri , ( and bowing at the name jesus joyntly together ) is that of bourdeaux , ( concilium bituriense ) anno 1584. thus registred by ‖ bochellus . in fine psalmorum & ubicunque gloria sanctissimae trinitati redditur , omnes consurgant : that is , in the end of psalms , and wheresoever glory is rendered to the most holy trinity , let all rise ( or stand ) up together , & in invocatione nomine iesu genu flectant ; which last clause may be more properly interpreted of kneeling or bowing the knees to christ , in the invocation of his name in prayer , then at the sound or mention of his name jesus , when not invoked in the gospels , epistles , second lessons or sermons . these are the only councils and canons i know , ( and those but of late years made by popish provincial councils ) enjoyning all to stand up when gloria patri is said or sung , and that principally in cathedral , collegiat and conventual churches , without any solid reason rendred for it : which being a practise generally taken up and used only by papists , popish prelates , priests , monks , and popish churches in forein parts , and in no reformed churches beyond the seas , nor prescribed by any law , rubrick , injunction , or legal canon of the church of england , i humbly submit to the judgements , consciences , of all zealous , sober , judicious protestants , prelates and cathedralists , whether upon consideration of the premises , they may not with more reason and descretion henceforth give over not only their rising and standing up at gloria patri , but likewise the freequent repetition , if not the use thereof for the future , and quite expung it out of the book of common-prayer , then any longer continue it to the offence and scandal of thousands of their protestant brethren , who are both pious , peaceable , learned , judicious , and no enemies , but friends to a well-reformed publick liturgy , wherein they may all heartily accord . sect . iii. of standing up at the reading of the gospel , and three creeds . i am yet of opinion , that the decretals and canons prescribing standing up at gloria patri , were the true original of those for standing up at the reading of the gospel , and prefacing it with the repetition of glory be to thee o lord , prescribed by a roman missals , ceremonials , pontificals , popes decrees , popish writers , and derived from them to those who now practise it in our church , being the same in substance with gloria patri , which being now generally used in all our cathedrals , and revived of late in many parish churches and chapels , though not prescribed by any rubrick in the book of common-prayer , nor binding law or canon of our church , by innovating clergy-men , and such as are over-much addicted to ceremonies and formalities ; i shall next calmly examine the original grounds , lawfulnesse , decency , and expediency thereof . the original of standing up at the reading of that we call the gospel , specially appointed at the communion on sundayes and holy-dayes , is attributed by some to pope b clement the 1. and inserted into his spurious apostolical constitutions , in these words , cum evangelium legitur , omnes presbyteri , diaconi , & laici allurgant , cum magno silentio , scriptum est enim ; c tace & audi israel . et rursum , tu verò hîc sta & audies . deinde verò moneant presbyteri populum , ut sede●t . but this constitution , 1. as it was none of the apostles , so neither this pope clements , but a spurious imposture of far later dayes , as mr. cook in his censura patrum , dr. iames , and sundry others have evidenced . 2ly . the standing up thereby enjoyned , is not at the reading of that we now call the gospel , but of the second lesson or chapter out of one of the 4. evangelists , as the preceding words demonstrate . and why all priests , deacons , and laymen should stand up together at the reading of that we now usually call the gospel , because taken out of the gospel , rather then at the second lesson or chapter being the gospel as much as it , or at the reading of the gospel only , rather then of the epistle , ( which is part of the c gospel , and new testament , as well , as much as any chapter or part of a chapter taken out of the 4. evangelists ) or any other part or chapter of the old or new testament , being all alike , sacred , canonical , and to be read , heard , embraced , believed , obeyed , with the like attention , reverence , devotion , affection , faith ; no sober christian or divine can render any solid convincing reason . 3ly . this constitution , enjoyned all to rise up with great silence ; when now all rise up with a loud voyce , saying , glory be to thee o lord ; quite contrary thereunto . 4ly . the texts produced out of deut. 5. 31. c. 27. 12 , 13. to justifie this standing up at the gospel ; are meant only of reading the law ; at which all now usually kneel on their knees , not stand up ; which is very preposterous and opposite to these texts . others attribute the original of standing at the gospell to l pope anastatius the 1. ( or athanasius , as some stile him ) about the year of our lord 404. who thus decreed its future use ; significastis , quosdam sacerdotes in ecclesia , quando leguntur evangelia sedere , & domini salvatoris verba non stantes , sed sedentes audire , & hoc ex majorum traditione se accipisse narrant ; quod ut nullatenus deinceps fieri sinatis , apostolica authoritate mandamus . sed dum sancta evangelia in ecclesia recitantur , sacerdotes et caeteri omnes praesentes , non sedentes , sed venerabiliter curvi in conspectu sancti evangelii stantes , dominica verba intente audiant , et fideliter adorent . if this decree be not forged ( as most of this nature are ) yet i shall observe from it , 1. that a pope was the first author , broacher of this ceremony . 2ly . that it was not used before his time . 3ly . that certain priests used to sit , not stand , at the reading of the gospells ; and that they received this practise by tradition from their ancestors , which this pope denyed not , yet decreed the contrary by his own papal authority , without advise of any synod or council . 4ly . that he peremptorily prohibits any to fit , and commands all ( whether priests or people to stand during all the reading of the gospell , though aged , weak , lame , sickly : in which cases waldensis , durantus , and others grant , they may sit down when they are unable to stand , or weary of standing up , notwithstanding this decree . 5ly . that the gospells ( in the plural , not singular number ) here intended , are not those we now call gospells ; but any lessons or chapters whatsoever read in the church out of the four evangelists or new testament . therfore to confine it only to that now stiled the gospell , not to any other chapter , lesson read out of the gospell , is to contradict this popes decree . 6ly . that the end why they are commanded to stand at the gospells was , that they might more attentively hear and attend to it ; which reason , as it is good and laudable , so it holds as well at the reading of the epistles , 10. commandements , psalmes , chapters out of the old testament , or any other texts of scripture , lessons taken out of the four evangelists , as at the gospels , at which all should equally stand , as well as at these gospells . 7ly . if any stand up on this account , to adore the gospells , or yield them more reverence , attention , adoration than other sacred scriptures , ( of equal authority with them ) as the last clause of the decree intimates ; it is doubtlesse not only a superstitious , but irreligious practise , contrary to the gospel and these sacred texts , 2 tim. 3. 16. 2 pet. 1. 10. mar. 12. 44. john 5. 39. acts 17. 2 , 11. c. 18. 28. rom. 1. 2. c. 10. 11. c. 15. 4. c. 16. 25 , 26 2 tim. 3. 15. 8ly . it is observed of our saviour himself , lu. 4. 16. that comming to nazareth , as his custom was , he went into the synogogue on the sabbath day , & stood up to read , not the gospel or any of the four evangelists , ( then not writen ) but the book of the prophet isaias ; out of which when he had read his text standing ; he closed the book , gave it again to the minister , and late down , and preached to the people in the synagogues , who all fasined their eyes on him , v. 20 , 21 , &c. moreover we read of christ , mat. 13. 2. c. 15. 29. c. 24. 3. mar. 4. 1. c. 13. 3 , &c. lu. 5. 3. jo. 6. 3. c. 8 2. that when he taught , or preached the gospel to the people , or his disciples , he usually sare down , not stood up , whence he useth this expression , mat. 26. 55. i sate daily with you teaching in the temple , and ye laid no hold on me . how then this popes decree can well stand with our saviours own practise , let the impartial judge . gulielmus durantus in his rationale divinorum , 1. 4. rubrica , de evangelio , writes thus of the original of standing up at the gospel , and the reasons of it , and other ceremonies accompanying it : sanè evangelium stando , & non sedendo auditur , sicut statuit anastatius papa , de consecr . dist. 1. apostolica , ut ad praelium pro christi fide servanda promp●itudo notetur , unde lu. 22. q●●non 〈◊〉 gl●●lium vendat tunicam & emat illum . et ex quo standum est , apparet , quod nec jac●re , nec appodiare d●bemus evang●lium audiendo . reclinatoria ergo tun● relinquuntur , ad not andum , quod non debemus considerare in principilus , nec sustentare interrenis , quia , vanitas vanit atum & omnia vanit as dixit ecclesiastes . et secundum ipsum anastatium , stantes cur●i manere debemus , ut humilitatem quae à d●●uno doceti● eviam corpore demonstremus . auditur etiam evangelium in silento , quia omnia soluta sunt in evangelio quae in lege & prophetis promissa erant . deponuntur etiam ●un● caculi & arma . primo , ne imitemur iudaeos in co●spechi ●●●fixi erundines & arma ferentes . secundo , ad not ●ndum quod christo praedicanto omnes legales observantiae quae per ●aculos significantur , deposit ● sunt . tertio depositio baculorum & armorum humilitatem not at , & christiane per fectionis csse non se vindicare sed domino 〈◊〉 vindiciam . and then he proceeds to sundry other ceremonies , customes , crossings of the body in several places , and antique gestures which priests and prelates are to use in reading the gospel , fitter for the stage than the church or gospel , and to provoke laughter than devotion . it seems this custom of standing at the gospel began of late to be discontinued or neglected even by popish priests and laicks ; whereupon the f popish council of ●hemes in france , anno 1583. re-inforced it by this canon ; dum legitur evangelium , vel praefatio , omnes assurgant ; let all stand up whiles the gospel , or preface is read . thi● ceremony or gesture of standing , is likewise customarily used by most at the respective rehearsing of the creed , commonly called the apostles , nicene , and athanasius creeds , though not prescribed by any rubrick , law of our church , nor yet by any popish canons or decrees to my remembrance , as standing up at gloria patri , and the gospels , are . if it be only used out of pure devotion , more attentively to hear , mind what is read , or spoken , no prudent christian can justly censure , but approve it ; but if done merely out of custom , or * because the creed is the word of the gospel , according to its sense , or to distinguish between the recital of the creed , and other parts of divine worship ; or , to advance the creeds composed by men out of the scriptures themselves of divine inspiration , authority ; before the sacred fountains from whence they flow ; or to g stand up for , or h stand to , or i stand fastin them ( as we use to speak ) more than to any other parts of the k scripture , being all of like sacred inspiration , and divine authority : it is no wayes excusable , much lesse justifiable by any understanding christians . to close up this discourse touching standing up at gloria patri , gospels and creeds , it is unquestionable , that the posture of standing is in it self indifferent ; and may b● k lawfully used in any part of divine publick worship ; so as it be not done out of singularity , opposition to decency and order , or for superstitious or unanswerable grounds , but only to raise up our drowsie bodies , hearts , spirits more attentively , fervently , devoutly to read , hear , pray , and discharge that part of gods worship wherein we use it . the primitive christians , and universal church for above eight hundred years after his nativity , in memory of christs resurrection , did use to pray on all lords dayes , and between easter and whitsontide , and worship god standing , not kneeling , nor bowing their knees at all when they prayed or worshipped ; which they prescribed ; prohibiting kneeling on these days by sundry councils , and reputing it a kinde of crime or impiety : whence they stiled their meetings on the lords day , stationes , à stando ; stations from this their standing at them ; and the christians of those times stationarii , as a tertullian ( b ) cyprian , c the council of nice , can. 20. the 6. synod of constantinople in trullo . can . 90. the synod of towers under charles the great , can . 37 the council of aquisgrane under l●dovicus pius , c. 47. the century writers , cent. 3. cap. 6. col . 153. & centur. 3 , 5 , 6 , 7. c. 6. with sundry others attest . from whence it is apparent , 1. that they held this gesture of standing lawfull , and that they stood at the reading of the psalmes , epistles , and all lessons out of the old testament , as well as at the gospels , making no distinction between them . 2ly . that they received the lords supper standing , not kneeling . 3ly . that they neither bowed their knees nor heads at the name jesus , when ever read or heard ; first introduced by d pope gregory the 10th . e about the year 1272. who restrained the use of it only to the celebration of the masse , and never practised before his time for ought appears by ecclesiastical historiaus , fathers , councils , or decretals of popes themselves . yet notwithstanding this antient universally received custom of the church , though ratified by sundry councils , of praying , performing all parts of gods publick worship , only standing , not kneeling , on every lords day , and between easter and whitsontide ; is long since quite laid aside in all , or most christian churches ; and therefore the use of gloria patri , of standing up at it , and at the gospels and creeds , not so antient nor universal , nor grounded on so good reasons as these stations , ( together with the late cringing and bowing at the name iesus ) may now with much more reason be set aside and discontinued for our churches peace , settlement , and unity in gods worship . sect iv. of the use of white surplisses , rochers , with other episocopal and sacerdotal consecrated vestments in the celebration of divine service and sacraments in churches . the last thing i shall examine , is the pretended necessity , decency or expediency of bishops , ministers , d●acous , scholars , choristers wearing of white surp●isses , rochets , and other sacred vestments , habits , ornaments in the celebration of divine service and sacraments which many have formerly , and now of late over-rigidly contended for , refusing to admit such into fellowships or orders , who out of scruple of conscience refused to wear them , and silencing , deprivi●g many godly , orthodox , painfull , learned preaching ministers , who could not in judgment or conscience submit to use them . not to enter into any general discouse concerning the several uses of apparel , as 1. to a cover our nakedness . 2ly , to b keep our bodies warm , and defend them from cold , heat , rain , winde , tempe●ts , 3ly . to c adorn our bodies in a modest , decent , comely manner ; without lasciviousness , ●rodigality , or fantastickness , 4ly . to d distinguish the male and female sexes , and some ranks , callings of men from others of a different degree , or profession . i shall only premise these 13. considerations , which i suppose must be acknowledged by the most zealous contenders for these pontifical and ecclesiastical vestments , and habits , without dispute , when duly pondered . 1. that there is no particular kinde , fashion , form of holy garments instituted or prescribed by god in sacred writ to bishops , ministers or deacons in and under the gospel , as there was to e aaron the high priest , and iewish priests and levites under the law. 2ly . that there is no one text throughout the new testament , nor authentick testimony to prove , that either christ or his apostles , or any bishops , ministers , or deacons in the apostles times , ( or for some hundreds of years after them ) were distinguished by their * apparel from other christians , or believers ; or that they preached , prayed or administred the sacraments in any consecrated vestments whatsoever , ( much lesse in such rochets , surplesses , or other pontifical habits , as are now so eagerly contested for ) but only in their ordinary wearing apparel , the fashion or colour whereof is no where particularly described , much lesse prescribed in the gospel to all or any ministers , bishops or deacons . and why should not all prelates and ministers be content to imitate and conform themselves to their example , ( as they are enjoyned , ephes. 1. 2. phil. 3. 17. 1 pet. 2. 21. ) unlesse they will be reputed , as in truth they are , the greatest non-conformists . 3ly . the gospel being commanded to be preached to all nations , who were as ‖ different in their manners , habits , fashions , customes , laws , ceremonies , governments , as in their climates and languages , it was neither possible , convenient nor reasonable to prescribe any one set-form of bishops , ministers or deacons vestments , liturgy , or administration of sacraments to them all , but to leave them arbitrary and indifferent , with this general limitation , f let all things be done decently and in order . 4ly . that though all qualifications and duties of eangelical bishops , deacons , ( and their wives too ) be most fully and particularly set down in the epistles of timothy and titus , yet there is not one syllable in them concerning the forme or colour of their ordinary or prieslly vestments , accounterments ; which if so necessary , expedient , decent as they are now pretended , would certainly have there been specified , recommended , or prescribed to all succeeding bishops and deacons . 5ly . that the apostle in this very epistle to timothy where he most particularly enjoynes the use of publick and private prayers to bishops , ministers , and all other christians , and the manner how they should perform the same ; useth only these expressions , g i exhort therefore that first of all supplications , prayers , iutercessions , and thanksgivings be made for all men ; for kings , and all in authority , that under them we may live a quiet and peaceable life , in all godlyness and honesty . i will therefore that men pray every where , lifting up holy hands , ( he would doubtlesse have added , putting on holy garments , rochets , surplesses , albees , hoods , &c. had they been necessary , decent , expedient ) without wrath or doubtings : in like manner also that women adorn themselves with modest apparel , with shamefastness and sobriety , ( now almost quite out of fashion even in churches as well as theatres ) not with broydred or plaited hair , or gold , or pearles , or costly array , ( or spots , or patches , now much in fashion both in aud out of church ) but ( which becommeth women professing godlyness ) with good works . let the women learn in silence , &c. this transition from ministers , deacons , and mens praying in every place with pure hands , to womens apparel ( especially in the church , as the last words evidence ) without one syllable of m●ns , bishops , ministers or deacons apparel , or church-vestments , before or after it in this epistle , or any other , is an unanswerable argument in my weak judgment against the necessity or peremptory prescription of any rochets , surplesses , or other kinde of vestments since invented , enjoyned by popes , or popish prelates , priests , monks , or any other prelates , in the celebration of divine service , masses , sacraments . 6ly . that our saviour himself b gave this special charge to his disciples , recorded by two evangelists ; take no thought for your life , what you shall eat , or what you shall drink , nor yet for your body what you shall put on : is not , or ( for the ) life ( is ) more than meat , and the body than rayment ? if then the apostles and disciples themselves were thus specially prohibited to take any thought for their ordinary necessary rayment and wearing apparel , much more then for any extraordinary , unnecessary surplesses , rochets , canouical or pontifical massing vestments , wherein they preach , pray or administer the sacraments . of which popes , archbishops , bishops , priests , deacons , and cathedral-men have been heretofore , and some now be so over-carefull , so immoderately zealous , as by * sundry successive councils , synods , canons , decretals , injunctions , rubricks , censures , indispensibly to impose , yea force them upon their fellow-ministers and christians , against their judgements , wills , consciences , or else to deprive them of their ministry , gods publick ordinances , sacraments , contrary to this express inhibition of christ himself , whom they highly atfront therein . 7ly . that god by st. paul gives this divine precept or admonition to timotby , and all other bishops , ministers , deacons , christians , i godlyness with contentment is great gain , for we brought nothing into this world , and it is certain we can carry nothing out . and having food and rayment ( though ordinary , course , mean , ) let us be therewith content . o that all over-covetous , worldly , pompous prelates and clergy-men , would seriously ponder , believe , practise , and preach over this text by their heavenly world-contemning lives , instead of vexing , disquieting , discontenting themselves , and all others , with law-sutes , citations , injunctions , censures about their lorldly mannors , pallaces , temporalties , pontifical ornaments , and priestly vestments ! this would make all to love , honour , reverence them with and from their souls , who now repute them the worldlyest , the proudest , and most avaritious of all men professing christianity , even when they are departing out of this world , and dropping into their very graves , if not into a deeper pit , to the scandal of the gospel , and their holy function . let me only mind them of two conclusions from this text. 1. that if all bishops and ministers ought to be contented with bare necessary rayment , as well as food , then they ought not to lade and cloath themselves with so many super●luous , unnecessary pontifical robes and priestly vestments , as now they wear and put on , even in gods own presence , house , whiles they are discharging their duties , and performing divine services unto him ; much lesse to force or impose them upon their brethren and fellow-ministers , who are and would be content with their ordinary garments , without these superfluities , and are highly discontented , that they are injoyned to put them on against this precept , the forecited texts , yea the very dictates of their own judgements and consciences . 2ly . that they must speedily leave all their worldly temporalties , episcopal robes , priestly vestments behind them , and shall neither carry them hence into their graves , much lesse to heaven , or another world ; why then should they either trouble themselves with them , or their fellow-ministers and christians about them , who take no contentment in them , and desire to officiate and serve god in their ministry without them . 8ly . ( which is most observable , ) that when christ himself commissioned and sent forth his disciples to preach , teach , and discharge their ministerial function , he expresly enjoyned them among other things , k not to provide , take , or put on two coats , neither to have two coats a piece , as being an impediment to their preaching and ministry . in obedience to which command , the most laborious preaching gospel-spreading saint parl , whiles he was travelling from country to country , and city to city , to preach the gospel , * left his cloak at troas with carpus , as a cumbersom impediment to his ministry , which he sent for after he was p●isoner at rome , when he could no longer walk abroad to preach . with what colour then of piety , decency , expediency or necessity , can popes , patriarks , metropolitans , archbishops , bishops , when they go to say masse , read divine service , preach , baptize , celebrate the lords supper , confer orders , keep visitations , consecrate churches , chapels , vessels , vestments , kings , put on , adorn and load themselves with m miters , caps , cossacks , gownes , rochets , surplesses , copes , hoods , stoles , planets , palls , dalmaticks , pectoral crosses , girdles , colobiums , chymers , gloves , sandals , handkerchiefs , scarsses , without which , by their own canons , decretals , missals , pontificals , processionals , ceremonials , they neither may nor must officiate ; and enjoyn all ministers , priests , deacons , under se●erest censures and deprivations , to wear cassockes on their ordinary apparel , girdles , and gownes upon them , surplisses , or copes upon their g●w●es , and if doctors and gradnates , hoods , scarfes , and tippets upon them ( which hinder and make them unapt to preach or discharge their ministry ) against these reiterated precepts of our saviour , recorded by three evangelists for their own and all other ministers immitation ? or how can they ever answer in the great day of judgement , when they shail appear naked before the tribunal of our lord jesus christ , their ●igh contemptious , willfull violations of this his sacred injunction , their hating , reviling , persecuting , rejecting , dep●iving any of his faithfull , painfull ministers , servants , as piaecisians , puritans , non-conformists , scismaticks , or fanaticks , only because they will not or dare not in point of conscience , against the precedent sacred injunctions , conform in every punctilio to those superflous vestments , disguites , which their fantastick frothy brains have invented , prescribed in gods worship , against and beside , hi● word , ●nd * obey god rather then men . 9ly . that iohn the baptist ( our saviours immediate fore-runner ) gave this command to priests and clergy-men , as well as the people , luke 3. 11. he that bath two coats let him impart to him that hath none ; which iohn the evangelist , paul and iames have seconded in substance , if not in words , 1 iohn 3. 17. rom 12. 13. iam. 2. 15 16. how then can bishops , deans , prebends , ministers , heap living upon living , and one coat , vestment upon another , when so many poor christians are naked and destitute of clothing , to whom their n laws , decreetals resolve , they must not impart any of their consecrated coats or vestments , though old and quite worn out , but burn them rather , because fit for , and to be worn by none but sacred perfons . yea pull off the coats of their fellow-ministers , and strip them of their livings , ministry , because they will not heap coat upon coat , and one vestment upon another , when they are to pray , preach , administer sacraments , and the coats of their own poor stipendary curates too , who , discharge their duties and take all the pains in their commendaes , appropriations , pluralicies , benefices on which they are for the most part non-resident , by allowing them such contemptible salaries as will scarce provide them cloaths , much lesse a competent subsistance for them and their families . 10ly . o that god being no respecter of persons , and taking no notice of bishops , ministers , or christians vestments in his worship , service , but only of their hearts , spirits , graces , sincerity , diligence and fidelity . yea st. peter himself resolving , that in every nation he that feareth god and worketh righteousnesse , is accepted of him : and st. iames particularly repiehending christians , for having the faith of our lord iesus christ , the lord of glory in respect of persons , and preferring those who come into their assemblies with a gold ring , and goodly apparel , ( as archbishops , bishops , deans , prebends , and other pompous clergy-men use to do ) and contemning poor curates , and conscientious humble world contemning ministers , who come into the church ( to preach , officiate , or celebrate the sacrament ) in ordinary or vile rayment ; the discriminating of ministers from other christians , and popes , patriarchs , arch-bishops , bishops , arch-deacons , deans , prebends from one another , and from other ministers , by their different habits , and sacerdotal vestments , as more honourable , holy , dear , near , acceptable to god then other inferiour ministers or lay-ch●●●tians , and reputing sermons , prayers , sacraments , preached , made , read , administred in surplises , rochets , copes , and other church vestments , more canonical , holy , decent , acceptable both to god and men , then those preached , read , celebrated without them , and that those priests p grievo●sly sin against god , who officiate without them , is certainly a most grosse , dangerous mistake , dishonourable to god , religion , christianity it self , and diametrically contrary to these sacred texts and 2 tim. 4. 2 , 3 , 4 , 5. 11ly . that st. peter himself with all the other apostles , elders , brethren , assembled in the first synod and council under the gospel , acts 15. resolved upon solemn debate , q not to trouble them which from among the gentiles were turned to god , with circumcision , or any other jewish ceremonies instituted by god himself , and to lay upon them no greater burthen then those necessary things comprised in their letters which they sent and delivered by their delegates to all the churches of the gentiles , whereof bishops or priests vestments were none ; being never reputed necessary things by that council , or by christ or any of his apostles , as popes , prelates , & others now repute them . to prescribe , enforce them therefore as necessary things , and to revile , suspend , censure , silence such ministers , schollars , christians , who repute them vnnecessary or superfluous , is to affront , repeal this first apostolical council and decree , and to advance themselves above the apostles . 12ly . that our saviour himself when he commissioned his disciples and sent them into all the world to teach all nations , and preach the gospel to every creature , gave them no instruction at all concerning pontifical or sacerdotal vestments , or any other , ceremonies now coutested for , but only enjoyned them * to teach and baptise all nations , teaching them to observe all things what soever he had commanded them , not their own fancies or decrees , as popes , prelates , and too many ministers do now . yea , st. paul where he particularly treats of preaching the gospel , of administring and receiving the lords supper , and of church assemblies , 1 cor. c. 9. & 11. & 14. delivered and prescribed to them , only that which he received from the lord , without one syllable of those vestments , rites , ceremonies which now infest the churches unity and peace . therefore they may and ought to be set aside , by christs and his apostles own precepts , practice , who neither enacted nor commanded them to be used in any part of divine service or worship . 13ly . that christ himself sharply reprehends all such r who teach for doctrines , the traditions and ordinances of men : yea his apostles , apostolical elders and brethren in their first council , blamed those ceremonial ministers who went out from them and taught the brethren and converted gentiles , s that they ought to be circumcised , and keep the law ; thereby troubling them with their words , and subverting their souls , because they gave them no such commandement . till therefore popes , archbishops , bishops and prelatists can shew or produce an expresse command from christ or his apostles , for the use of surplises , rochets , palls , with other pontifical , sacerdotal vestments , in time of divine service , preaching and sacraments , they must lay them quite aside , and no longer contest for , much lesse impose or enforce them upon any ministers , scholars , christians , as they will avoyd gods , christs , and their heavy displeasure , censure . these scriptures and reasons premised , i shall in the next place proceed to shew the true original , prescription , use of surplisses , rochets , and other vestments in divine offices , churches ; then answer the arguments , reasons produced for their use and continuance . it is ingenuously acknowledged by t alerinus de divinis officiis , c. 38 , 39. u honorius augustoduncnsis , gulielmus durantus , x thomas waldensis , some y popish councils , and the very roman pontifical and missal , that white surplisses and other prntifical , sacerdotal vestments under the gospell , were originally assumed from aaron , & the levitical priests garments under the old abolished ceremonial law. but who first invented , or enjoyned them to be worn in time of divine service , masse or administration of sacraments , they do not mention , nor yet the various mystical significations , groundless grounds , and frantick reasons of their several institutions . i finde in a spurious decretal epistle attributed to z pope stephen , anno christi 2 6 1. this general clause concerning priests vestments , that the garments wherein priests and other ministers of the church ought to celebrate divine service , and minister unto the lord , ought to be consecrated , and decent , and applyed to none other use , nor yet to be worn or touched by any but sacred persons . but what these vestments were he particularly defines not . if surplisses , or white rochets , as some conceit , then they ought not to be touched by scholars , choristers , singing-men , and others who are no consecrated priests , nor in sacred orders , as they are now in cathedrals , and some colledges in our universities , against this popes and other his successors decrees . this decree the century writers stile idle , s●perfluous , altogether disagreeing with the word of god , and savouring of the mysterie of iniquity ; flaccus alcuinus , de divinis officiis , c. 38 , 39 , 40. bochellus decret . eccles. gal , l. 1. tit. 7. l. 6. tit. 17. honorius augstodunensts in his gemma animae , l. 1. gulielmus durantus , rationale divinorum , l. 3. tho. waldensis , tom. 3. tit . 4. cap. 29 , 30. franciscus zerula paxis episeopalis , pars 1. pontificale & missale romanum , with sundry others , have large discourses concerning the several sacred vestments of popes , archbishops , bishops , deans , deacons , priests ; and particularly of albees and surplisses . but who first introduced them into christian churches is a question not easily resolved . the next authority i meet withall is the decree of pope fusebius about the year 309. first recorded by h gratian , and i others out of him . consulto omnium statuimus , ut sacrificium altaris non in serico panno aut tincto quisqvam celebrare praesumat , sed in puro lineo vel linteo ab episcopo consccrato , terreno scilicet lino procreato atque contexto , sicut corpus domini iesu christi in sindone linea mundo sepultum fuit . john 19. 40. mar. 15. 46. mat. 27. 59. lu. 23. 53. but this decree of his , as it is forged , spurious , repugnant to the history of that time , the phrase , tenent , and practise of that age , and superstitious , as the century writers prove and style it ; so the reason produced by the author of it , why priests and clergy-men should celebrate the sacrament of the altar , not in a silken or died , but in a pure white linnen garment made of flax , ingendred out of the earth ; because christs body was buried in linen cloaths , is very absurd . had christ celebrated his last supper , or preached , prayed in a linen surplisse whiles he lived , the inference had been tollerable ; but since he never did it , for ought appears ; and the evangelists precisely record , that at his k miraculous transfiguration only , when he went apart up into a high mountain with three of his disciples alone from all other company , his rayment ( formerly of another colour ) became shining , exceeding wht●c as snow , so as no fuller on earth can white them ; and that only till his transfiguration was past : the argument recoyles upon the author of this imposture with great disadvantage . for 1. christ never preached nor celebrated his last supper in a white linnen garment or surplisse whiles he lived ; therefore no priests , bishops or ministers , ( who are his * embassadors , and should imitate his example ) ought to do it after his death . 2ly . christ did not put on these linnen garments himself , or to officiate in them ; but ioseph of aramathea and n●●bodemus , wrapped his dead corps in them to bury it ; therefore bishops , priests , deacons should never put on white rochets or surplisses on their backs to preach , pray , or celebrate the lords supper whiles they live , but only their dead corps be wrapped up in them when they are interred . 3ly . these white linnen garments wherein christs body was wrapped were only his winding-sheet and grave-cloaths , not a surplisse , albee , stole or rochet : neither were they consecrated by a pope or bishop , not worn in a church , but only in a scpulchre : yea our saviour left them lying in his sepulchre when he role again , john 20. 5 , 6 , 7 , 8. and never wore them afterwards : ergo bishops , priests , deacons , should only wear unconsecrated winding-sheets , and sine linnen garments in their graves when dead ; and there leave them when they riseagain ; not consecrated rochets , surplisses , albees , stoles in the church when living ; ●ly . christs body was not wrapped in these linnen cloa●● in any relation to his priestly office or function ; but only as a mere dead corps to be interred , it being thenfual manner of the jewe thus to bury dead corps , as well laymen as priests : witness iohn 19. 29 ( quoted by this impostor ) then took they the body of iesus , and 〈◊〉 it in linnen cloaths , with the spices , as the manner of the ie●es is to bury : compared with iohn 11. 44. so the i nasamones , graecians , spartians , argives , syra●s●●ns , sycionians , and other nations wrapped the dead bodies of their deceased friends in white linnen cloaths , with spices and balmes , and so intorred them . therefore if this reason be solid , all men and women as well jewes as genti●es , pagans as christians should wear whice rochets , surplisses , albees , stoles in churches , as well as popes , archbishops , bishops , priests and deacons , because they are all alike interred and wrapped in white linnen grave cloaths , when buried in their graves . the first probable authority in any true antiquity , for bishops , ministers and deaeons wearing white vestments in the celebration of the lords supper , is that of hierom , about 410. years after christ , advers . pelagiano , 1. 1. c. 9. vnde adjungis , genera vestium & ornamentorum deo esse contraria . quae sunt , rogo , inimiciti● conira deum sr tunicam habuero mundiorem ? si episcopus , presbyter & diaconus , & reliquus ordo ecclesiasticus in administatione sacrificiorum cum candida veste processcrint● cavete clerici , cavete monachi , viduae & virgines , periclitamini nisi sordidas vos atque pannòsas vulgus aspicerit . ta●●o de hominibus saeculi , quibus apertè bellum indicitur , & inimicitiae contra deum , si pretiosis atque nitentibus utuntur exuviis . and in his n commentariorum 1. 13. in ezech , e. 44. vestibus lineis utuntur aegyptii sacerdotes , non selum intrinsecus sed & extringsecus , ( he means their pagan not christian priests , ) porre * re●●gio divina , alterum habitum habet in ministerio , alterum in usu vitaque communi . which compared with his former passage , intimates , that some ecclesiastical persons did then wear white vestments , in the religious publick exercise of their ministry , and administration of the sacrament : which is further evidenced by st. chrysostont , ad o populum antioehiae , serm. 60. wherein he applying his speech to the ministers who distributed the lords supper to the people , useth this expression , hoc vestra dignitas , hoc securitas , hoc omnis corona , ( to keep scandalous unworthy persons from the lords table ) non ut albam et splendidam tuntcam circumeatis induti . which he repeats again in his 83. homily upon matth. 26. haec est dignitas vestra , haec stabilitas , haec corona praecipua , non nt tunicam induti candidi●mant per ecclesiam ambuletis . whence the p century writers observe , candidae vestis meminit tantum obiter chrysostomus , dum de sacramenti corporis ac sanguinis dominici administratione disserit . from these passages of hierom , and chrysostom , * durantus , q mr. hooker and others justifie the antiquity , use of surplisses , though they do not positively define these white garments to be surplisses ; nor can they prove they were constantly and universally used by , much lesse prescribed to all ministers , deacons , and ecclesiastical persons in that age , or some hundreds of years after , by any oecumenical , national or provincial councils . r gregory of towers in the 4th . book of his histories , c. 60. makes mention of the arch-deacons putting on the albe upon the bishop when he officiated , which some take to be a surplisse , about 640. years after christ , but for bishops or priests constant use of them by any canon or law in that age , i yet remember none . about 700. years after christ , pope s sylvester and other popes brought in the use of stoles , surplisses , with other priests massing vestments by degrees , and soon after turned their masses and divine services , by their manifold disguised vestments , ceremonies , processions , bowings , crossings , ridiculous , antique , fanatick innovations , gestures , into a meer pagentry or enterlude , as is evident by t ordo romanus antiquus de divinis catholioae ecclesiae officiis , said to be compiled about 800. years after christ : by abbot alcuinus , tutor to charles the great , de divinis officiis cap. 38 , 39. published about the year ●02 . where he at large describes the use , original , and reason of instituting the several sorts of pontifical and priests vestments , both under the law and gospel , paralelling them and the grounds of their institution together . after whose time i find u several canons made in divers provincial councils in france , for the use of albees and surplisses in the celebration of masses and sacraments ; the use of them being continued , and successively prescribed in all popish churches ●ince that age to this very day , which not only make the putting on or x wearing a surplisse by every priest in the act of his ordination , and of a rochet , with sundry other episcopal vestments and ornaments upon bishops , a principal part , badge of their cousecration , as the roman pontifical and ceremonial prescribe in their rubricks , but likewise in their missals , pontifical and ceremonial of bishops , enjoyne set forms of prayers and crossings to be used by bishops in the consecration of , and putting on of rochers , albees , and other trinkets when they are to officiate , or discharge their ministry in them ; which i shall here insert , that all may discern their superstition and vanity . i shall begin with their consecration of these garments . * benedictio sacerdotalium indumentorum in genere . v. adjutorium nostrum in nomine domini . r. quifecit caelum & terram . v. dominus vobiscum . r. et cum spiritu tuo : oremus . omnipotens & sempiterne deus , qui per moysen famulum tuum pontificalia & sacerdotalia , seu levitica vestimenta , ad explendum in conspectu tuo ministerium eorum , ad honorem & decorem nominis tui fieri de crevisti : adesto propitius * invocationibus nostris : & haec indumenta sacerdotalia , desuper irrigante gratia tua , ingenti benedictione per nostrae humilitatis servitium * purifi●●care , & bene●●dicere , & conse●●crare digneris ●●tit divinis culribus & sacris my steriis apta & benedicta existant : his quoque sacris vestibus pontifices , & sacerdotes ; seu levitae tui induti , ab omnibus impulsionibus fell tentationibus malignorum spirituum muniti & defensi esse mei eantur : tuisque mysteriis aptè & coneligne servire & inhaerere , atque in his tibi placitè & devote perseverare tribue . per christum dominum nostrum . r. amen . oremus . deus , invictae virtut is triumphator , & omnium rerum creator ac sanctificator : intende propitius preces nostras ; & haec indumenta leviticae , sacerdotalis & pontificalis gloriae , ministris tuis fruenda , tuo ore proprio bene●●dicere , sanctifi●●care , & conse●●crare digneris ; omnesque cis utentes , tuis mysteriis aptos , & tibi devote ac laudabiliter servientes , gratos efficere digneris . per dominum nostrum . oremus . domine deus omnipotens , qui vestimenta pontificibus , sacerdotibus : & levitis , in usum tabernaculi soederis necessaria , * moysen famulum tuum agere jussisti , eumque spiritu sapientiae ad id peragendum replevisti : haec vestimenta in usum & cul●u mysterii tui bene●●dicere , sancti●●ficare , & conse●●crare digneris ; atque ministros altaris tui , qui eainduerint , septiformis spiritus gratia dignanter repleri , atque castitatis stola , beata sacias cum bonorum fructu operum ministerii congruentis immortalitate vestiri . per christum dominum . r. aman. d●inde aspergit ipsaindumenta aqua benedicta . specialis benedictio cujuslibet indumenti . v. adjutorium nostrum in nomine domini . r. qui fecit coelum & terram . v. dominus vobiscum . r. et cum spiritu tuo . oremus . domine omnipotens bonarum virtutum dator , & omnium benedictionum largus infusor , supplices te rogamus ut manibus nostris opem tuae benectionis infundas , & has caligas & sandalia , vel amictum , vel albam , vel cingulum , vel stolam , vel manipulum , vel tunicellam , vel dalmatieam , vel planetam divino cultui praeparata , vel praeparatum , vel praeparatam ) virtute sancti spiritus bene●●dicere , sancti●●sicare , & conse●●crare digneris , & omnibus eis ( vel eo , vel ea ) utentibus gratiam sanctisicationis sacri mysterii tui benignus concede , ut in conspectu tui sancti , immacnlati atque irrepraehensibiles appareant , & auxilium misericordiae tuae acquirant . per dominum nostrum jesum christum filium tuum , qui tecum vivit & regnat in unitate spiritus sancti deus , per omnia saecula saeculorum . amen . deinde aspergit ea aqua benedicta . before and after which follow several chapters and forms , de benedictione mapparum , sou linteaminum sacri altaris , de benedictione corporalium , de benedictione novae crucis , de benedictione crucis pectoralis , de benedictione imaginum aliorum sanctorum , de benedictione vasorum & aliorum vasorum in genere . de benedictione tabernaculi sive vasculi pro ss. eucharistia conservanda , de benedictione capsarum pro reliquiis & aliis sanctuariis includendis , de benedictione & impositione primae lapidis pro ecclesia aedificanda , de ecclesiae benedictione seu consecratione , de altaris consecratione , de benedictione tobaleorum , vasorum & ornamentorum ecclesiae & altaris consecratorum , de altaris consecratione quae sit sine ecclesiae dedicatione , de altaris consecratione , cujus sepulchrum reliquiarum est in medio summitatis stipitis , de altaris portabilis consecratione , de benedictione cimaeterii , de reconciliatione ecclesiae & cimaeteris , de reconciliatione caemiterii , sine ecclesiae reconciliatione , de consecratione patenae & calicis , de benedictione signi vel campanae : ( one consecration and superstition still engendring another almost in infinitum according to popes and prelates fanatick devises . ) all which traine and beadroll of consecrated particulars must dance attendance on massings priests and prelates , to make their popish masse , and divine service compleatly meritorious , that i say not impious , theatrecal , ridiculous , and their bishops , priests , little different from , if not far worse and more antique than common stage-players ; as those who seriously peruse their roman pontificals , ceremonials , missals , and durantus his rationale divinorum cannot but conclude : and therefore should resolve with the apostle , 1 cor. 13. 11. when i became a man , i put away ( these ) childish things , which old childish prelates , and his pueri senes , overmuch admire and contend for , as if all religion and devotion consisted in such fopperyes . when all these massing utensils are thus consecrated , and these episcopal and sacerdotal garments hallowed by bishops ; yet neither priests nor bishops must presume to put any of them on to say masse , or administer sacraments , without the use of special prayers prescribed by , and thus registred in the praeparatio ad missam , prefixed to all the roman missals , set forth and revised by pope pius the fifth , and clement the eighth . orationes dicendae ab episcopo , quando in pontificalibus celebrat . ad caligas . calcea domins , pedes meos in praeparationem evangelii pa●is , & protege me in velamento alarum tuarum . cum exuitur * cappa . exue me , domine , veterem hominem cum moribus & actibus suis : & indue me novum hominem , qui secundum deum creatus est in justitia , & sanctitate veritatis . cum lavat manus . da domine virtutem manibus meis ad abstergendam omnem maculam immundam : ut sine pollutionc mentis & corpotis valeam tibi servire . ad amictum . * pone domine galeam salutis in capite meo , ad expugnandas omnes diabolicas fraudes : inimicorum omnium versutias super ando . ad albam . dealba me , domine , & à delicto meo munda me : ut cum his qui ●tolas suas dealbaverunt in sanguine agni , gauliis persruar sempiternis . ad cingulum . praecinge me , domine , cingulo fidei , & virtute castitatis lumbos meos , & * extingue in eis humorem libidinis , ut jugiter maneat in me vigor totius castitiatis . cum accipit crucem pectoralem . mvnire digneris me , domine iesu christe , ab omnibus insidiis inimicorum omnium , signo sanctissimae crucis tuae : ac concedere digneris mihi indigno servo tuo , ut sicut hanc crucem sanctorum tuorum reliquiis refertam ante pectus meum teneo , sic semper mente retineam & memoriam passionis , & sanctorum victorias martyrum . ad stolam . redde mihi , domine , obsecro , stolam immortalitatis , quam perdidt in praevaricatione primi parentis : & quamvis indignus accedere praesumo ad tuum sacrum mysterium cum hoc ornamento , praesta ut in eodem in perpetuum m●rear laetari . ad tunicellam . tvnica jucunditatis , & indumento laetitiae induat me dominus . ad dalmaticam . indue me domine indvmento salutis , & vestimento laetitiae , & d●lmatica justitiae circunda me semper . ad chirothecas . circunda domine manus m●as munditiae novi hominis , qui de caelo descendit : ut quemadmodum iacob dilectus tuus , pelliculis hoedorum opertis menibus paternam benedicticnem , oblato patri cibo potuque gratissim● , impetravit ; sic & oblata per manus nostras salutari ho●●ia , gratiae ●●ae●●nedictionem m●rear . per dominum nostrum i●s●m cl●ristum filium tuum , qui in similitudinem c●rnis peceat● prono●is ●●tuli● semetipsum . ad planetam . domine , qui dixist● , iugi● m meum suave est , & onus meum leae : praesta ut illud portare val●am , quod p●ssim conscq●i tuam gratiam . ad mitram . mitram , d●mine , & salutis galeam impone capiti mco : ut contra antiqui hostis , omniumque inimicorum mecrum insidius in●ff●nsus evadam . ad annulum cordis . cordis & corporis mei , domine , digitos virtute decora , & s●ptisormis spiritus sanctificatione circumda . ad manipulum . merear , precor domine , manipulum portare mente flebili , ut cum exultatione portionem accipiam cum justis . orationes dicendae cum sacerdos induitur sacerdotalibus paramentis . cvmlavat manus ; ad amictum dum ponitur super caput ; ad albam , cum ea induitur ; ad cingulum , cum se cingit ; ad manipulam , dum imponitur brachio sinistro ; ad stolam dum imponitur collis ; ad capsulam cum assumitur . are the same with those forecited , which the bishop useth when he putteth them on . if these respective vestments and prayers be necessary or convenient for priests and bishops , then certainly for all other christians too . the * ●oman pontifical , in the title de clerico faciendo , prescribes , that when any clerk or clergy-man is to be made , quilibet or dinandorum habere debet suum superpelltccum super brachium sinistrum , & candelam in ma●● dextra : and after their shaving by the bishop in four places in their heads , and some prayers , crosses and benedictions , ( there at large recited ) the bishop fitting with his miter , and taking in his hand the surplisse , saith unto them all . induat novum homincm , qui secundum deum creatus est , injustitia & sanctitate varitatis , & mox imponit illud ( superpelliceum ) cuilibet repetendo . induat te , &c. immittens usque ad scapulas , & immediate trahens , si unum tantum sit superpelliceum , sicque facit usque ad ultimum , qui co totaliter induit●r . after which , in the title , de minoribus ordinibus , follows this rubrick : orainandi tm●es ad quatuor minores ordines , effe debent supecpelliteis indutt , cum candela in manu dextra . and in the rubrick de consecratione diaconi & sac●rd●tis , it writes , fisigitur amictu , alba , cingulo , & manip●le parat● , ac stolam in sinistra manu , & candelam in dextra , ac dalmaticam super brachium sinistrum tenentibus , &c. the archdeacon presencs them to the bishop to be ordained . post haec pontifex ●●cipiens stolam , &c. et dalmaticam , induit ea que mlibet successive usque ad humeros , & sic usque ad ultimum , & hoc , si una tantum sit dalmatica : si verò quilibet suam habet , tunc singulos sua totaliter induit , dicens cuilibet ; accipe stolam ✚ candidam de manu dei , &c. induat te dominus indumento salutis , & vestimento laetitiae , & dalmatica justitiae circumdet te semper , in nomine domini , r. amen . their * ordination being ended , in loco convenienti facras vestes deponunt . so in the consecration of a bishop elect , among other things , vestments for his consecration , there are prepared , * item paramènta omnia pontificalia , coloris tempori & officio missae convenientis , videlicet , sandalia , amictus , alba , cingulum , crux pectoralis , stola , tunicella , dalmatica , chir●thecae , planeta , mitra auriphrygiata , annulus pontificalis , baculus pastoralis & manipulus , &c. adsunt duo ad minus episcopi assistentes , qui induuntur rocheto , & si sint regulares , superpelliceo , amictu , stola , pluviali , coloris tempori & officio missae convenientis , & mitra simplici alba , & quisque habeat suum pontificale . after many prayers , crossings , and other ridiculous ceremonies , episcopi assistentes ducunt electum ad capellam suam , & ibi deposito pluviali , acolythi induant illum sandalia , ipso psalmos & orationes consuetas legente . deinde tunicella , dalmaticà , casula , & manipulo induitur , quibus indutus incedit ad suum altare , &c. after which his miter , ring , pastoral staff are consecrated , put on , and delivered to him by the bishop , with many prayers , solemnities , crossings , bowings , kneelings , prostrations , changes of habits , places , and antique gestures , fitter for a stage then a church . when an archbishop is consecrated , he hath a pall put on , and super added to all these forecited vestments , which must be used only upon certain special feasts and occasions , put on with the like superstitious ceremonies and formalities , recorded in the roman pontifical : the serious perusal whereof , and of durantus his rationale divinorum , l. 3 , 4. is sufficient to make all grave , judicious , sober christians , to nauseate such theatrical disguises and vestments , on which grave old bishops over-much dote , as little children use to do on their babies , toyes and rattles . the first forein synod wherein i find the use of white garments and surplisses prescribed to priests , canons , chaplains , is that held under * galo and simon the popes legates in france , anno dom. 1215. which among other decrees reproving the luxury , pride and excesses of priests garments , expresly prohibited them to wear garments of any other colour but white ; or black , or red , and commanded , ut sine suppliciis ( superpelliceis ) vel tunicis lineis , vel capis clausis extra domos suas de caetero non incedant ; that from thenceforth they should not walk abroad out of their houses without surplisses , or linnen coats , or close hoods : but this decree relates rather to their ordinary wearing habits , than to their sacred vestments , and enjoynes them to wear surplisplisses and white garments as well in their houses as in the church ; wherfore it addes , * nullus permittatur deservire altari nill in superpellicio vel capa clausa . after which it subjoynes , sacerdos sive diaconus corporalia saepe abluat , indutus superpelliceo , in vase mundo specialiter ad h●c deputato ; omnes verò ablutiones , si fieri potest , in piscina reponantur , vel saltem primae , caeterae autem in baptisterio . here priests and deacons are made lawndresses to wash their corporals , arrayed in their surplisses when they wash them , and the water wherein they wash them must be reserved in a consecrated cisterne , or in the font as holy , and one superstition , foppery begetting another , till endless , it proceeds further ; irem linteamenta altaris & induments sacerdotalia non nisi a sacerdote vel diacono , vel aliqua bona matrona vel virgine , sine appositione aliorum pannorum , convenienter , quando opus fuerit abluantur , ita ut munda & nitida conserventur ; qui● nimis absurdum , sordes esse in vestibus sacris , quae dedecerent etiam in profanis . * the like concerning their washing , was decreed in the synod ecclesiae trecensis in france , anno 1427. and by other french synods . the next synod ( prescribing the use of surplisses under pain of excommunication ) in the time of divine service , is the popish synod of poictiers in france under americus , anno 1367. which thus decreed , * praecipimus sub paena excommunicationis , quod cum clerici , seu capellani in ecclesiis parochialibus adstant administrantes cum divina celebrantur , honette superpellici●s sint tnoutt . the a synodalia ecclesiae trecensis in france , an. 1427. thus decree the wearing o● surplisses by priests , attendat etiam sacerdos vel clericus ministrans in missa , ut se habe at honestè , & si fieri potest , capam habeat seu superpelliceum quo sit iudutus , maxime in solenn●tatibus . they subjoyn , if the priests nose in saying masse chance to bleed , and any of the blood fall upon his surplisse , after the blood stopped , he is to proceed in his masse , having first washed his hands in silence , mutatis tamen prius vestimentis sacer dotalibus , & pannis altaris , si sint sanguine maculati . b iohn damboise bishop of lingon , in a synod held in france , anno 1491. made this decree , that all having benefices with cures should wear surplisses at masse , vespers , and in the celebration of all divine offices . praecipimus omnibus & singulis presbyteris benefici● curats habentibus aut regentibus , ut dum ipsus pro missa , vesperis , aut aliis officiis divinis in eorum ecclesiis celebrandis aut dicendis interesse contigerit , sint decenter et honeste superliciis indut● , et sine ipsis ad divina officia publice accedere non pra sumant . c synodus senonensis in france , an. 1524. enjoynes the priest to wear a surplisse when he carries the sacrament to sick persons . quotiens contigerit sacerdotem deserre sanctam eucharistiam ad infirmos , habeat sacerdos superitceum et stolam , & incedat tàm eundo quàm redeundo usque ad ecclesiam in habitu deccnti , faciatque ante se deferri lumen , & campanulam pulsantem praeire . d synodus carnotensis in france , an. 1526. ordained the like in these words , ordinamus , quod ubi ad instrmos deserendum erit corpus christi , sacerdos delaturus primum lavet manus , deinde induat superliceum , et stolam superponat , incedensque cum honestate , reverentia & honore , orationes & preces ad deum fundat , faciat lumen ante se deferritàm eundo ●uàm redeundo , & campanulam pulsari . the synod of paris , anno 1557. decreed surplisses to be worn at mattins , masses , publick prayers , litanies , consessions , and at celebration of the eucharist , marriage , and extreme vaction . e parochi cor●m vicarii & caeteri sacerdotes , in divinis absequiis missarum matutinarum & vesper arum , in supplicationi●us pu●licis , litaniis & consessionibus suppliciis utantur , in ●ucharistiae verò , matrimonii , & extremi vnctionis administratione , stolam addant suppellic●is . after this f synodus aquensis in france , anno 1585. made this decree concerning clergy-mens wearing of surplisses and other vestments , clericalis ordinis homines , cum ecclesia versantur quo tempore superpelliceum induere non debent , ne sint sine toga exteriori , praesertim horis quibus divina celebrantur , aut populus ad ecclesiam accedere solet : nec vero absque oa etiam in diaecesanis locis , vicis aut pagis prodeant , nist cum cos pedibus iter facientes viae difficultas & longitudo aliter cogit , superpelliciis , cum ecclesiae ususid postulat , omnes utantur , quae non lacera sint , non sordida , et quae ctiam manicas habeant . superpell●cea autem illa quae manicis carent , & quae non superpelliceorum sed mantil●um nomine potius digna sunt , omnino prohibemus . canonici verò cashedralium & collegiatarum , quo tempore cappa induuntur , ii ●ocheto induantur sub cappa clerici autem cum superpellice●s fuerint induti , nullo modo in manibus flores , nec aliud quod statui suo & ecclesia non conveniant , habeant ; non vagentur per ecclesiam , nec deambulent , nec circumcursitent , sed graves semper sint in incessu & statu . singuli autem praeterea praesertim qui in aliquo minorum saltem ordinum sunt , proprium superpelliceum habeant , quo etiam in ecclesia , cut ascriptt sunt et alibi , cum ipsi suis fungi muneribus contigerit , uti possint . si quis personatus , vestes clericales aut monachles , vel ad eorum formam induerit , & is qui cas assumpserit , & is qui accomodarit , graves , poenas subeant . qui verò clericus , cuiusuis etiam gradus ordinis , dignitatis in aliquo de praemissis non obtemperaverit , is praeter poenas jam inflictas , aut salutari poenitentia , aut pecunia , a●t suspensione ab ordinum munere , et beneficiorum administratione , aut ipsis etiam beneficiis , aut carcere , aut exilio , aut pluribus simul ex iis paenis , aut gravioribus pro modo culpae , episcopi arbitratu mul●tetur . qui iterum in eadem re pec●dverit , duplicata paena pro ratione criminis , ab eodem pleetetur . this synod likewise decreed , that the parish priest who is to carry the eucharist to sick persons , do wear a surpliss , and proceed in this manner , * vbi manus laverit , tum superpelliceo , stola , pluvialt ubi potest indutus , ad altare genibus flexis oret . sacerdotes veròcaeteri clericive qui comitantur suptrpellieieum adhtbeant . si canonicorum capitulum sit , cappam vel almutiam , aliudve indumentum , ut illis in ●boro moris est . reliqui fideles bini prosequantur capite aperto , & quamplurimi candelis accensis , ac primo loco viri , in quibus scholares sanctissimi sacramenti praecedant , postremo foeminae : omnes , praesertim ecclesiastici homines , hymnos & psalmos paenitentiales , aliosve intina animae pietate , simul cum parocho , sed alternatim pronunciant , atque alii etiam religiosiorent . it likewise addes , * in celebratione missae sacerdos ne se conferat ad altare , nisi clericum in decenti habitu , & cum superpelliceo mundo cum manicis , sibi inservientem habuerit ; injoyning the parish clerke to wear a surplisse as well as the priest. this last french popish synod prescribes the constant use of surplisses to all canons , prebends , parish priests and curates under several ecclesiastical and temporal punishments , with greatest rigour and severity ; when as ordo romanus antiquus de divinis officiis , & missa , the roman pontificals , ceremonials , missals , in their rubricks of saying or singing masse , prefixed to them , do onely enjoyn their use without any penalties ecclesiastical or civil expressed in them , to be inflicted on non-conformists thereunto . for the use of surplisses in our british churches , during the britons or saxons times , i remember nothing in canons or histories ; only our al●●uinus , tutor to charles the great , an. 800. de divinis officiis , c. 98 , 39. writing of the several vestments wherewith priests were clad in the old testament , observes , a habent etiam nunc ministri ecclesiae christi superhumerale quod amictum vocamu● , quando ad altare ministrant ; quod fit ex lino puriss●mo . per linum quod ex terra sumitur , & per multos labores ad candorem ducitur , designatur corpus humanum , quod ex terra constat . sicut ergò linum per multos labores ad candorem reducitur , ita corpus humanum multis calamitatibus attritum , candidum et purum esse debet ab omni sorde peccatorum . posteà sequitur poderis , quae vulgo alba dicitur ; significat autem perseverantiam in bona actione . after which he mentions the stola , dalmatica , casula , used by priests ; and pallum archiepiscoporum , to distinguish the archbishop from his suffragans , subjoyning , stephanus natione romanus ex patre lobio ( ut legitur in gestis pontificalibus ) constituit sacerdotibus levitisque uestes sacras in us● quotidiano non uti nisi in ecclesia , whether any of these garments were then used in england , or the same with surplisses for fashion , as colour , i cannot define . the first mention i observe in our historians of surplisses and their wearing by that name , is in the year of our lord 1237. the 21. of henry the 3d. where b mat. paris records , that otto the popes legate summoning all the popish bishops , abbots and clergy to a council in pauls church , london , to which he went in great pomp , entering the church ; he put on his pontifical garments , and among the rest a surplisse , which he thus expresseth ; pontificalibus se induit , scilicet superpellicco , et desuper cappa chorali pellibus variis furrata , et mitra ; et praecedentibus archiepiscopis cantuariensi et eboracensi eum cum precessione solemni , ●um cruce et caeriis accensis et cum letaria . the second day the council being begun , missi sunt exparte domini regis , comes lincolniensis johannes , et johannes filius galfridi , et gulielmus de raele , canonicus sancti pauli , ut dicto legato ex parte regis et regni inhiberent , ne ibi contra regiam coronam et dignitatem aliquid statuere attemptaret , et remansit ibi , ut hoc observaretur , gulielmus de raele capa canonica et superpelliceo , aliis reedentibus . by which it seems the canons sate in this council in their ‖ canonical caps , or coules and surplisses , as well as the popes legate himself . about the year 1290. iohn peckham archbishop of canterbury , appropriating the church of preston to the monks of canterbury , and endowing a perpetual vicar in it , granted in the instrument , that the monks , * onera reparationis et refectionis concelli praedictae foclesiae de preston intus et exterius , necnon et inventionis librorum , uestimentorum superpelliceorum , et ornamentorum dictae ecclesiae , quae per ecclesiarum rectores inveniri et reparari debent aut solent , subeant . which intimates that priests and vicars did then use to wear , and find their own surplisses , and by the same archbishops provincial constitutions , who decreed , ‖ dignissimus ut sacramentum eucharistiae circumferatur cum debita reverentia ad egrotos , sacerdoti saltem induto super●elliceo gerente orarium cum lumine praevio in lucerna , cum campana , ut populus ad reverentiam debitam excitetur qui ad prosternendum se , vel adorandum saltem humiliter , informatur sacerdotali prudentia , ubicunque regem gloriae sub panis latibulo evenerit deportari , the original ground of kneeling at , as well as to the s●crament . this is the 1. constitution in our church i have yet observed , prescribing priests to wear surplisses when they delivered the eucharist , or carried it to sick persons , on which lindwode hath this glosse , et sic tolerare potest licet minister sacerdotis non sit indutus superpelliceo , licet honestus sit quod ipsius minister superpelliceo induatur considerata qualitate beneficii et facultatibus ejusdem . which intimates that parish clerks should wear surplisses as well as priests . robert winchelsie , his next successor in the see of canterbury , * as lindwode , or simon is●p , as iohn de aton records , about the year 1300. decreed , what popish trinkets , books , ornaments , vestments should be provided in every parish church by the parishioners , amongst which he enumerates , dalmatica tunica et cum capa de choro , tria superpellicea , unum kochetum : on which lindwode hath this glosse , tria super●epllicea ad usum scilicet trium ministrorum ecclesiae , vizt . sacerdotis , diaconi & sub-diaconi . rochetum , quod differt à superselliceo , quia superpellicium habet manicas pendulas , sed rochetum est sine manicis , & ordinatur pro clerico ministraturo sacerdoti , vel forsan ad opus ipsius sacerdotis in baptizando pueros , ne per manicas ipsius bra●hia impediantur . his next successor walter raynods , decreed , * that arch-dea●●ons amongst other things , should take care that there should be in every parish-church , ad minus duplicia sacerdotalia vestimenta ( the one for lords dayes , the other for holydayes , as lindwode glosseth it ) & ut honor debitus divinis officiis in omnibus impendatur , praecipimus etiam , ut qui altari ministrat suppelliceo induatur . on which lindwode hath this glosse , vizt . presbytero celebranti assitens , it idem in missae tempore ministrans : vel potest intelligi de sacerdote quovis tempore accedente ad altare ut aliquid faciat vel disponat circa corpus christi , ut videlicet , illo tempore sit indutus suppelliceo , et juxta communem intellectum die supplicio , i. e. veste linea ad talem usum praeparata , de qua tamen veste non memini me legisse in toto corpore iuris canonici vel civilis , nec etiam in sacra scriptura : ●it tamen de eo mentio 1. de eccles. edif . c. ut parochiani , et potest significari per tunicam lineam qua induebantur filii aaron , in veteri lege , de qua legatur , exod. 28. ac finem , sed estimo quod propriè suppellicium est indumentum de pellibus confectum , sed in nostro communi usu , intelligatur ut prius dixi . the use of these rochets , surplisses , and other massing vestments introduced by popish councils & decrees to celebrate the mass , & masse priests , prelats officiating in them at their consecrated altars , ( who likewise clad and wrapped up their consecrated host or breaden god in a pure white linnen corporal , by the prescription of the self-same constitutions , canons , missals , pontificals , ceremonials , rituals , which enjoyn rochets , and surplisses ) continued in our church till the abolishing of all romish masses , pontificals , missals , by k. * ed. the 6. and his parliaments , by certain steps and degrees in the 1 , 2 , 3 , 4 , 5 , and 6. years of his reign , not without some oppositition , and an open rebellion in devonshire , cornwall , and other places , by popish priests and their confederates . in the first edition of the book of common-prayer , injoyned to be publickly read by the statute of 2 , & 3 e. 6. c. 1. not only all * bowings to , and towards the altar , and hostia , praying towards the east , standing up at gloria patri , the gospels , creeds , bowing at the name of jesus , reading second service at the high altar when there was no sacrament there administred , with other ceremonies prescribed by former mass-books , breviaries , pontificals were abolished and left out of the rubricks , as superstitious , useless , offensive ; but likewise the wearing of palls , planets , chimeres , lawn sleeves , sandals , copes , hoods , and other vestments , ( except only a rochet , to be worn by archbishops , bishops , and surplisses only by priests and deacons ) were totally laid aside as popish superfluities , or unnecessary disguises ; and it was generally expected by divers zealous protestants , that rochets , surplisses , and square caps , would have been then likewise taken away upon the same account , being all appurtenances to the masse , masse-priests , and only prescribed by popes and popish missals , pontificals , canons , decretals . but the king and commons not holding it necessary or convenient to reform all things at first , but by degrees ; * mr. iohn hooper ( a learned divine in great reputation with the people , lord protector , and others for his excellent constant daily preaching and piety ) being soon after elected bishop of glocester , scrupling to wear a square cap , rochet , surplisse , and refusing to be consecrated in his pontificalibus , reputing them as trifles , tending rather to superstition than otherwise : and learned peter martyr ( then regius professor in the university of oxford ) though a prebend of christ-church , constantly refusing to wear a surpliss in the quire there at any time ; and in a letter to a private friend , iuly 1. 1650. ( desiring his judgement concerning square caps and surplisses ) declaring , that though they were things indifferent in themselves , which make no man of themselves godly or ungodly by their use or forbearance ; yet he thought it most expedient for the good of the church , that they and all others of that kinde should be taken away when the next opportunity should present it self : because where such ceremonies were so stifly contended for , which were not warranted and supported by the word of god , commonly men were less solicitous of the substance of religion , than they were of the circumstances of it . and iohn alasco , tyms , mr. iohn rogers , mr. iohn philpot , and other learned protestant ministers then denying to wear these vestments , yea decrying them as superstitious , popish , massing attire , altogether as unfit for the ministers of the holy gospel , and evangelical bishops , as those other vestments then abolished ; and mr. calvin , * zuinglius , with other eminent protestant divines , quite exploding their use in forein churches , and declaring their judgements against them to the lord protector , cranmer , ridly , and other bishops ; thereupon in the parliament of 5 , & 6 e. 6. c. 1. the common-prayer-book was revised , amended in sundry particulars , and * the use of the rochet , surpliss , caps and vestments prescribed by the book of 2 , & 3 e. 6. quite laid aside , the reason whereof are expressed in the preface to that book , why some ceremonies were continued , and others laid aside , and in the articles of religion set forth by edward the 6th . anno 1552. artic. 21. 23. neither were they actually or legally revived by the common-prayer-book revised , corrected , ratified by the statute of 1 eliz. c. 2. that act injoyning all things to be done according to the book of 5 , & 6 ed. 6. and none other or otherwise , in which there was nothing concerning these garments . what hot unchristian schismes , contests about rochets , surplisses , the form of bishops , priests ordinary vestments , and formalities afterwards sprung up between our most zealous protestant bishops and ministers , in the fi●st 7. years of q. elizabeths reign ; you may read at leasure in p dr. heylins late partial history of the reformation of the church of england , & of q● . elizabeth , wherein he layes many black aspertions upon k. edw. the 6 himself , his government , the l. protector , sundry of our godly bishops , martyrs , divines at home , and peter martyr , calvin , zuinglius , alasco , beza , with other chief protestant divines of reformed churches abroad , worthy the ferula . these controversies about church vestments &c. continued all her reign , growing every year higher & higher , every parliament in her time ( as appears by the journals ) being troubled with many petitions , bills against them , which the bishops by their power in the lords house suppressed ; and the world was filled with books proet contra concerning them ; as the books of mr. cartwright , mr. vd●ll , penry , martin mar-prelate , altare damascenum ; a brief discourse against the outward apparel , and ministring garments of the popish church , printed 1578. a discourse , whether it be a mortal sin to transgress the commandements of civil magistracy , concerning the apparel of ministers . the declaration of certain ministers in london , refusing to wear the apparel prescribed . mr. philip stubs , with sundry more on the one side , and queen elizabeths advertisements in the seventh year of her reign , by her high commissioners advice , archbithop whitegift ; his answer to the admonition to the parliament ; and defence of his answer against the reply of t. c. 1574. in folio . dr. iohn bridges his defence of the government now established in the church of england , 1584. mr. richard hooker of the laws of ecclesiastical policy , 1593. with others on the other hand , evidence . neither did these unnecessary , unhappy controversies , about priests vestments and ceremonies , which perplexed our church , and gave great advantage to our romish adversaries , expire with queen elizabeth , but survived , and grew to a heighth at the beginning of k. iames his reign ; who to silence or allay them , appointed a special * conference at hampton court , between the bishops and non-conformists party ( whereof learned dr. ranolds was one ) about reformation of church matters , anno 1603. which many hoped would have put a period to these contests ; but instead thereof did much increase them , through the bishops obstinacy , potency , pride ; who refusing to comply with the moderate , just desires of their fellow-ministers , and protestant christian brethren in some superfluous trifles , particularly concerning the wearing of the surpliss , then , and yet commonly termed a raggc of popery : soon after in their convocation held at london 1603. prescribed the constant wearing of surplisses , ( and copes , hoods besides ) not only to cathedral church-men , but likewise to all ministers , curates reading divine service , or administring the sacraments , in parish churches or chapels , and likewise to fellows and schollars in the universities ; ( for which there was no former binding law nor canon ) by these ensuing constitutions . canon 16 , and 17. in the whole divine service , and administration of the holy communion , in all colleges and halls in both vniversities , the order , form and ceremonies shall be duely observed as they are set down and prescribed in the book of common-prayer , without any omission or alteration , ( even in the faulty old english translation ) all masters and fellows of colleges and halls , and all the schollars and students in either of the universities , shall in their churches and chapels , upon all sundayes , holy-dayes , and their ev●s at the time of divine service , wear surplisses , according to the order of the church of england , ( which had no such order that i can find before ) and such as are graduates , shall agreeably wear with their surplisses , such hoods as do severally appertain to their degrees . canon 24. in all collegiate and cathedral churches , the holy communion shall be administred upon principal feast-dayes , sometimes by the bishop if he be present , and sometimes times by the dean , and at sometimes by a canon or prebendary , the principal minister using a decent cope , and being assisted with the gospeller and epistolar agreeably , according to advertisements published by queen elizabeth an. 7. canon 25. in the time of divine service and prayers in all cathedral and collegiate churches , when there is no communion , it shall be sufficient to wear surplisses , saving that all deans , masters and heads of collegiate churches , canons and prebends , being graduates , shall daily at the times both of prayer and preaching , wear with their surplisses such hoods as are agreeable to their degrees . canon 58. every minister saying the publ●ke prayers , or ministring the sacrament , or other rites of the church shall wear a decent and comely surplisse with slèeves , to be prouided at the charge of the parish . and if any question arise touching the matter , decency or comlinesse thereof , the same shall be decided by the discretion of the ordinary . furthermore , such ministers who are graduates shall wear upon their surplesses at such time , such hoods as by the orders of the vniversities are agreeable to their degrees ; which no minister shall wear ( being no graduate ) under pain of suspension . notwithstanding , it shall be lawfull for such ministers as are no graduates , to wear upon their surplisses instead of hoods , some decent tippet of black , so it be not silk . after which followes this 74. canon , prescribing the form , species of their ordinary wearing apparrel . the true , ancient and flourishing churches of christ being ever desirous that their prelacy and clergy might be had as well in outward reverence , as otherwise regarded for the worthinesse of their ministry , did think it ●it by a prescript form of decent and comely apparell , to have them known to the people , and thereby to receive the honour and estimation due to the speical messengers and ministers of almighty god. we therefore following their grave judgement , and the ancient custom of the church of england , and hoping that in time new●anglenesse of apparel in some factious persons will dye of it self , doe constitute and appoint , that the archbishop and bishops , shall not intermit to use the accustomed apparel of their degrees . likewise all deans , masters of colledges , archdeacons , and prebendaries in cathedral and collegiate churches , ( being priests or deacons ) doctors in divinity , law , and physick , bachelers in divinity , masters of arts , and bachelers of law having any ecclesiastical living , shall usually wear gownes with standing collers , and sleeves straight at the hands , or wide sleeves as is used in the vniversities , with hoods or tippets of silk or sarcenet , and square caps . and that all other ministers , admitted or to be admitted into that function , shall also usually wear the like apparel , as is aforesaid , except tippets only . we doe further in like manner ordain , that all the said ecclesiastical persons above mentioned , shall usually wear in their journeyes cloaks with sleeves , commonly called priests cloaks without gards , welts , long buttons , or cuts . and no ecclesiastical person shall wear any coif , or wrought nightcap , but only plain night-caps of black silke , satten , or velvet . in all which particulars concerning the apparel here prescribed , our meaning is not to attribute any holinesse or special worthinesse to the said garments , but for decencie , gravitie and order , as is before specified . in private houses , and in their studies , the said persons ecclesiastical may use any comely and scholar-like apparel . provided , that it be not cut or pinckt , and that in publike they go not in their doublet and hose , without coats or cassocks : and that they wear not any light-coloured stockings . likewise poor beneficed men and * curates ( not being able to provide themselves long gownes , ) may go in short gowns of the fashion aforesaid . those who will take the pains to compare these canons of our protestant bishops and clergie with the canons and constitutions of our popish archbishops forecited , or iohn peckhams and iohn stratfords constitutions , * de habitu & honestate clericorum , recorded by iohn aton , and william lyndwode ; the premised popish french synods , canons , and sundrie others collected by laurentius bochellus , decreta ecclesiae gallicanae , l. 1. tit. 7. l. 3. tit. 1. l. 6. tit. 17. shall at first view discern , that they were almost verbatim taken out of them , and more extensive than they in relation to all scholars and students in both universities , who were never before by any popish councils , or popes decrees enjoyned constantly to wear surplisses in time of divine service and sacraments . these constitutions and canon● ( never approved nor assented to by the lords and commons then or afterwards assembled in parliament , but by the king alone under his great seal , and so not binding to the subjects in their liberties or freehold , against magna charta , ch . 29. and sundry other acts recited in rastal , tit. accusation , and the petition of right ) instead of allaying , composing the spirits , wounded the consciences , and augmented the number of nonconformists , many hundreds of godly preaching protestant ministers , scholars , who could not conform unto them , being thereupon suspended , deprived , and thrust out of their benefices , curatships , fellowships , scholarships , to their own and their families ruine , and many learned hopefull scholars inforced to desert our universities , decline the ministry , and betake themselves to other callings , and persons of lesse pietie , worth , merit , thrust into their places , & the ministrie , by our bishops and high commissioners , and some of them imprisoned , fined , forced to forsake the kingdom , and flie to forein countries or plantations , to the great grief and discontent of their people , friends , allies , and moderate protestants ; which occasioned * many new books of controversie and apologies on both sides touching church vestments , ceremonies , and many great complaints , animosities against the bishops and high commissioners , during all king iames and king charles late reigns , till at last they were both suppressed by publick acts , ordinances , and ejected by force of armes in england and ireland as well as scotland , which their moderation and prudence in dispens●ing with these unnecessary formalities , might easily have prevented , and their rigorous re-inforcing of , or over-eager contending for them , against the letter and purport of his majesties late pious and gracious declarations , after so long a discontinuance and universal dislike by all sober-minded men in this time of discontent , may without gods infinite mercy and miraculous providence , end in their second subvertion , and future suppression , which they should timely consider , as well for their own preservation , as his majesties and his peoples generall satisfaction , and the churches publike peace , unity , after so many dangerous schisms , and convulsions . having given you this account of the true original institution , prescription , progress , forms of consecration , & putting on of these pontifical & sacerdotal vestments in the churches of christ , of the principal papal , episcopal decretals , councils , canons , that enjoyn them , and scriptures , arguments against them , i shall in the next place examine , answer the scripture texts , arguments produced by popish prelates , canonists , school-men , and our own protestant bishops , writers , for their use and continuance in the church , which in my apprehension are very impertinent , weak , contemptible , unable to satisfie any tender conscience , or judicious sober christians judgement , though highly magnified and cryed up with great gravity , seriosity by some reverend prelates and clergy-men , as well as many illeterate novices . the 1. texts produced for the institution , use of these priests garments under the gospel , are exod. 28. 2 , to 43. c. 29. 5 , to 30 c. 31. 10. c. 35. 19 , 20 , 21. c. 39. 1 , 14. c. 40 , 13 , &c. levit. 6. 11. c. 8. 2 , 13. c. 16. 4 , 23 , 24 , 32. numb . 20. 16 , 18. neh. 7. 70 , 72. f●zra 2. 69. ezech. 42. 14. c. 44. 17 , 19. where god commanded moses ( the chief civil magistrate ) to make holy garments for aaron the high priest , for glory and honour , to minister before god in the priests office , ( which garments are there at large described ; ) and to make coats , bonnets and girdles for aarons sons , for glory and beauty , and to make them linnen breeches to cover their nakednesse , which should reach from their loynes even to their thighes , and to put them upon aaron and his sons when they come into the tabernacle of the congregation , or when they come near unto the altar to minister in the holy place , and to consecrate and sanctifie aaron and his sons , that they minister to god in the priests office , that they bear not their iniquity and dye . and to take of the blood that is upon the altar , and put it upon the tip of the right ear of aaron and his sons , and upon the great toe of their right foot , and sprinkle the blood and the anoynting oy ! ( there prescribed ) upon aaron and his sons , and their garments , and he and they shall be hallowed and their garments with them . which garments being accordingly made by bezaliel , by gods prescription , were put upon aaron and his sons , who were consecrated by moses , together with their holy garments , wherein they & the succeeding high-priests , and iewish priests usually ministred to the lord ; whence they were stiled , priests garments , and holy garments , which they were to put on when they ministred to the lord and to put off when their ministration was ended , as these texts at large attest ; from whence alcuinus de divinis officiis , c. 38 , 39. honorius augustodunensis , in his gemma animae l. 1 , 8● 2. thomas waldensis , doctrinalis tom. 3. tit. 4. c. 29. de sacris vestibus quibus sacerdos intrat ad missam , gulielmus durantus , rationale divinorum , l. 3. the roman missal , pontifical , ceremonial , and all who write of bishops and priests vestments under the gospel , and their consecrations , derive both their pattern and legitimation . to which i answer , that these texts are so far from justifying , that they are the strongest arguments that can be against the vestments of priests and prelates now contended for , upon these several accounts . 1. all and every of these aaronical vestments under the law , were particularly invented , prescribed , together with their matter , form , colour , use , by god himself in precise terms , not by moses or aaron and his sons alone , according to their own fancies . but the vestments , garments , rochets , surplisses of popes , archbishops , bishops , priests , deacons now contended for , were neither particularly invented , prescribed by god himself , or christ , either in respect of their matter , form , colour , use , directly or indirectly , nor by any one text in the old or new testament , but merely invented , prescribed by popes , archbishops , bishops , priests , monks , according to their own vain doting fancies . therefore no wayes justified but condemned by these texts . 2ly . all these garments were made , and the constant use of them in divine services and administrations , punctually enjoyned by gods special command , warrant , law , not by popes , bishops , councils , decretals , injunctions , constitutions , canons , visitation articles , alone , as all pontifical , sacerdotal garment● , rochets , surplisses , hoods , and other such trinkets are . 3ly . they were all put on aaron and his sonnes , and both of them consecrated together , by moses alone , the chief civil magistrate ; not by any pope , bishop , priest or other ecclesiastical person , who now only * ingrosse and claim the right of ordaining , consecrating all archbishops , bishops , priests , ministers , deacons , ecclesiastical persons , together with the hallowing of their garments , rochets , surplisses ; and deem it no less than sacrilege and usurpation for kings or civil magistrates to ordain or consecrate any of them , or order ought concerning them , but at their requests , and as their substitutes . 4ly . these garments of theirs were different both in matter , kinde , form , fashion , from rochets , surplisses , albees , hoods , planets , dalmaticks , chymeres , palls , stoles , pectoral crosses , cassockes , gownes , black silken girdles , copes , miters , square caps , and other vestments now used , contended for by ceremonial prelates and clergy-men . therefore not warranted but condemned by these texts . 5ly . these garments were prescribed to aaron and his sons to put on only when they went in to the tabernacle , altar , temple , to offer up levitical sacrifices and services unto god ; not when they prayed , preached , instructed the people in their several cities , synogogues , or in their kings palla●es , as these texts resolve . therefore no presidents for bishops , priests , or deacons to imitate when they preach , read prayers , officiate or administer sacraments in cathedrals or parish churches and chapels . 6ly . aaron the high priest and his successors , with his sons , and jewish priests sacrifices , priesthood , altars , vestments , were all temporary , typical , utterly abolished by the incarnation , passion , sacrifice , res●rrection , ascention of our lord iesus christ , ( whom they typified , shadowed , ) as inconsistent with , and not fit to be continued under the gospel ; as on the epistles to the hebrews , galatians , romans , collossians , acts 15. and whole new testament , all commentators on them old and new resolve ; especially hebr. 7 , & 8 , & 9 , & 10. therefore these vestments may not , ought not to be revived , continued under the gospel , unless we will revive the aaronical priesthood , high priest , priests , levites , with their sacrifices , altars , tabernacle , temple , and all other levitical ceremonies , vestments in specie , and renounce both christ himself , with his priesthood , ministrie , and the gospel . 7ly . none were to put on or wear these holy garments but aaron and his sonnes , who were all priests by birth and succession , not election and ordination , as all apostles , bishops , ministers , deacons were , and yet are ; who being none of the tribe of levy , or sonnes of aaron by natural generation , can claim no title by the law to their priestly garments , much less by the gospel , which thus expresly resolves , hebr. 7. 12 , 13. for the priesthood being changed , there is made of necessity a change also of the law : for he of whom these things are spoken pertaineth to another tribe , of which no man gave attendance at the altar , and of which tribe mosco spake nothing concerning priesthood . an unanswerable text against all evangelical bishops , ministers , deacons , claims and pretences ( especially being gentiles , not iewes by birth , and christians by regeneration ) to aaronical , levitical priestly vestments or ornaments ; which text i desire them all to answer at their leisures . 8ly . if any allege , they only use these garments by way of allusion and imitation , not prescription . i answer 1. that they have no precept nor warrant in the gospel for this their allusion or imitation , but direct precepts , warrants , cautions against it , as inconsistent with the gospel , and salvation too , hebrews 6. & 7 , & 8 , & 9 , & 10. c. 12. 27 , 28 , 29. c. 13. 10 11. col. 2. 1 ● , to the end . phil. 3. 2 , 3. tit. 1. 10. 11. gal. 4. 30 , 31. c. 5. 1 , 2 , 3 , 4 , 11 , 12. acts 15. 2ly . they have no president from the apostles , or primitive christians , churches for above 300. years after christ. * 3ly . if our bishops , priests , deacons will imitate them in their garments , it must be in fashion , species , form , end , use , as well as matter and colour , the best , realest imitation . out bishops , ( or the pope , who pretend themselves the high priests successors , though they can never prove it ) must then wear a brestplate , ephod , robe , broidered coat , ●●iter , girdle , of the same materials , form as aarons were . and our priests , deacons , must wear fine linnen ephods , breeches , bonnets , and none but linnen , ‖ not woolen garments on them , whiles they minister , nor any thing that may cause sweat . and lay aside all their surplisses , hoods , gowns , copes , caps , cassocks of wool , silk , satin , sarcenet , velvet , which now they use ; else they do not imitate , but prevaricate from this president . 4ly . then none but bishops , ministers , deacons , not any scholars in colleges , halls , nor singing-men , choristers , and others not in sacred orders , must wear surplisses , as now they are enjoyned by the * forecited canons , since none but aaron and his sonnes alone were to wear these holy garments . 5ly . all these their garments must be consecrated in the self-same manner as theirs were . 1. by moses the chief civil magistrate ; not by * archbishops , bishops , priests or presbyters . 2ly . with sprinkling of blood and holy anoynting oyle upon the tip of their ears , bodies , garments , after they are put upon their backs , without any solemn prayers , holy-water sprinkled , or crosse● made on them , as their episcopal vestments , surplisses , and albees are now hallowed , not upon their bodies , but before they must wear or put them on . upon all which considerations , they must now quite disclaim these texts of scripture , and aaronical , levitical garments , as fatally destructive to those they contend for ; upon what ridiculous reasons , similitudes , dissimilitudes , and mystical monkish reasons and mysticall significations , you may read in alcuinus de divinis officeiis , cap. 38 , 39. honorius augustodunensis in his gemma animae , lib. 1. 2. & gulielmus durantus in his rubrick to his rationale divinorum , lib. 3. de indumentis , seu ornamentis ecclesiae sacerdotum , atque pontificum , & aliorum ministrorum ; which i shall here at large insert in his own words for the readers information , conviction , reformation , or shame of all over-eager contenders for these vestments and ceremonies , grounded upon most strange , absurd , fanatick reasons , allusions , & superstitious ridiculous mystical whimsies , frenzies , perversions of scripture , which all sober christians cannot but reject with greatest contempt , though insisted on with much gravity and se●iosity by some who would be reputed the chief fathers , and pillars of the church . in quotidiano usu non est vestibus sacris utendum , ad notandum , quod sicut mutationem habit as secundum literam sacirnus , ita & secundum spiritum agamus . non ergo cum vestibus communis vitae usu pollutis in sancta sancto●um ingrediamur , sed cum conscientia munda & ve . stibus mundis & sacris sacramenta tract●mus , de con. di . i. c. i. unde stephanus papa de con di . 1. vestimenta . statuit sacris vestibus , non nisi in ecclesiasticis & deo dignis officiis uti & ez● ch . x●●iij . non sanctificabant populum in vestibus sui● . habet ergo hiero religio divina alterum habi●um in ecclesiasticis officiis , ●lium in communi usu , ut 〈◊〉 p●●ulo christiano exemplum praebeat bonae conversationis : quatenus loti prius sordes novi chri●to fianc homines . exuit enim tunc sacerdos veterem hominem cum actibus suis , & induit novum qui secundum deum creatus est . per vestes quoque quibus in sacris utimur tantū ; non omnia sacramenta sore populo relevanda , intelligimus , xlij . dist . in mandatis . § . si q.iij. nolite . et nota , quod tempore ludovici imperatoris filii caroli magni , episcopi & clerici cingula auro texta , exquisitas vestes & alia secularia ornament● deposuerint . sacrae autem vestes à veteri lege videntur assumptae , praecepit enim dominus moysi , ut faceret aaron sacerdot● & filiis cjus vestes sanctas , in gloriam & decorem , ut loti , & sacris vestibus induti fungerentur officio in sacris . exo. xxviij xxxi xxxv . & xl.c. docuit enim dominus moysem per. xl . dies facere pontificalia & sacerdotalia vestimenta sacerdotibus , & levitis suis ornamenta quoque & linteamina : sed & maria texuit & fecit illa in usum ministerii tabernaculi saederis et ecclesiasti . xlvij . dedit in celebrationibus decus &c. quaedam temen ab apostolis sumuntur , sed tam illae quam i●●ae virtutes designant , vel mysterium incarnationis . san● pontifex celebraturus exuit vestes quotidianas , & induit mundas & sacras , et primo sandalia calciat , ut sit memor dominicae incarnationis . secundo , sibi ponit amitum , ut motus & cogitatus fauces & linguam cohibeat , ut siat cor mundum spiritum rectum percipiens in visceribus innovatum . t●r●io , alb●m talarem , ut habeat mundiciam caruis perseverantem . quarto , singulum , ut impetus luxuriae refrenet . quinto , stol●m in signum obedientiae . sexto , tunicam jacentinam . i coel●stem conversationem . sept●mo , superindu● dalmaticam , id est sanctam religionem , & carnis mortificationem . octavo , cirothecas , ut declinat van●m gloriam . nono , annulum ut diligar sponsam , i. ecclesiam sicut se , decimo , casulam , i. charitatem . undecimo , sudarium , ut quicquid fragilitate vel ignorantia peccat poenitentia tergat . duodecimo , pallium supponit , ut ostendat se imitatorem christi qui langores nostros tulit . decimotertio , mitram , ut sic agat quod coronam mereatur perciper● . aeternam . decimoquarto , baculum , i. auctoritatem potestatis & doctrinae . et postea tabeta calcat , ut terram despicere & amare caelestia discat . omnibus autem praemissis vestibus induitur à ministris , quia ei ut vestes induat spirituales angeli suffragantur , vel quod vicarius est christi , cui angeli ministrant & omnia serviant . rursu● , pontifex versus aquilonem aspiciens , quamvis versus otientem seu versus altare si sit magis accommodum re●picere possit , tanquam advocatus & pugil cum hoste pugnaturus antiquo , vestibus sacris , quasi armis induitur , juxta apostolum ut jam dicetur . primo , sandalia pro ocreis , habet , ne quid maculae vel pulveris affectionum in●iereat . secundo , amitus pro galea caput contegit . tertio , alba pro lorica totum corpus cooperuit . quarto , cingulum pro arcu , sub-cingulum pro pharetra assumit , & est subcingulum illud quod dependet a cingulo quo stola pontificis cum ipso cingulo colligatur . quinto , stola collum circumdat quasi hastam contra hostem vibrans . sexto , manipulo pro clava utitur . septimo , casula quasi clipeo tegitur , manus libro pro gladio armatur . de singulis etiam * aliter dicetur infra . haec itaque sunt arma quibus pontif●x vel sacerdos armari debet contra spirituales ne quiciat pugnaturus . nam ut inquit apostolus : arma miliciae nostrae non sunt carnalia : sed ad destructionem muniminum potentia , et in alia epistola ad ephes . vi.c . induite vos , inquit , armatura dei , u● possitis stare adversus insidias diaboli . state ergo succincti lumbos vestros , in veritate , & induti lorica justitiae , & calciati pedes in praeparatione evangelii pacis , in omnibus sumentes scutum fidei , in quo positis omnia tela nequissimi ignea extinguere & galeam salutis assumere : & gladium spiritus , quod est verbum dei. haec quidem armatura est praemissa septuplex vestis sacerdotalis significativa , septiplicis virtutis sacerdotis ; & representativa christi vestium , quibus indutus suit ipse passionis , prout infra dicetur . provideat ergo diligenter episcopus & attendat studiose sacerdo● , ut signum sine significato non ferat , i. ut vestem fine virtute non po●●●● : ne forte similis sit sepulchro à foris dealbato , intus vero omni spurcicia pleno . quisquis , n. sacris indumentis ornatur & honestis moribus non induitur quanto ven●rabilior apparet hominibus , tanto redditur indignior apud deum : pontificalem it aque gloriam non jam honor commendat vestium ●sed splendor animarum : quoniam & illa quae quondam carnalibus blandiebantur obtutibus ea potius quae in ipsis erant intelligenda poscebant : ut quicquid illa velamina in fulgore auri , in nitore gemmarum & in multimodi operis varietate signabant , hoc jam in moribus actibusque , clarescat : cum & apud veteres reverentiam ipsa significationum species obtineret , & apud nos certiora sint experimenta rerum quam enigmata figurarum , prout haec & alia in pontificali , ubi agitur de episcopi consecratione , ieguntur . sic itaque munitus ad certamen cum spirituali nequiciae in caelestibus , & pro fedanda in subditos judicis ira ad altare procedit : & per confessionē diaboli renunciat dominio , & seipsū ac●usat ; populus vero quasi pro suo pugile oraturus in profestis diebus terrae prosternitur , dum autem ille orationes & alia recitat , quasi totis viribus cum diabolo pugnat . dum diaconus in jejuniis ante evangelium casulam super humerum replicat , quasi gladium contra hostem vibrat . dum epistola legitur voce praeconis , imperatoris edicta dantur ; cantus sunt tubicinae praecentores , chorum regentes sunt duces exercitum ad pugnam instruentes , quibus lascentibus alii subveniunt . gantus autem sequentiae est plausus seu laus victoriae . dum evangelium legitur hostis quasi gladio vulneratur : aut exercitus post victoriam dispersus adunatur . episcopus praedicans est imp●rator victores laudans , oblationes sunt spolia quae victoribus dividuntur . cantus offertorii , est triumphus quī debetur imperatori . pax autem in fine datur , ut populi quies hoste prostrato insinuetur . et deinde populus data licentia per ite missa est , cum gaudio de victoria & pace obtenta ad propria redit : celebraturus itaque missam episcopus aut presbyter , indumentis suo ordini congrueruen●ibus se exornat & v●stium cultui actionis quoque conveniant ornamenta , c. di-rationis . circa quod notandum est quod fex sunt indumenta sacerdotibus & episcopis communia , quia & sex sunt in quibus communis presbyterorum & episcoporum potestas consistit . novem vero sunt or●amenta pontifi ibus specialia , quia & novem sunt in quibus spiritualis episcoporum potestas consistit . per hunc ergo communium & specialium indumentorum numerum , communitas & specialitas potestatum inter episcopos & sacerdotes significatur , de quo in parte praecedenti dictum est sub tit . de episcopo . hoc etenim tam in novo quam in veteri testamento legitur constitutum , us pontifices praeter communes vestes habeant speciales , sed ibi quatuor erant communes , & quatuor speciales prout dicetur sub ti , de legalibus indumentis , quod siquidem ratio mis●ica postulabat : nam illae da●ae sunt carnalibus & mundanis , quoniam quaternarius numerus convenit carni propter quatuor humores , & mundo propter quatuor elementa . haec autem spiritualibus & perfectis data sunt . nam senarius numerus qui perfectus est , quia redditur ex suis partibus aggregati● perfectis convenit . unde & sexto die perficit deus caelum & terram , & omnem ornatum eorum ; sed & cum in plenitudine temporis sexta venisset aetate , sexto die sub hora sexta redemit genus humanum . senarius ergo numerus perfectus est , quo suo ordine numeratus perficitur . nam cum unum duo & tres dicuntur , senarius numerus impletur ; vel quia in tribus partibus dividitur , i. in sexta tertia & dimedia , vizt . in uno duobus veltribus . novenarius etiam spiritualibus convenit , quia novem sunt ordines angelorum qui secundum prophetam per novem gemmarum species designantur . quindecim ergo sunt ornamenta pon●ificis , quindecim virtutum gradus ipso numero designantia , quo● per quindecim cantica graduum psalmista distinxit . vestes enim sacerdotales virtutes significant , quibus debent sacerdotes ornarl , secundum illud propheticum : sacerdo●es tui induantur justitia & sancti tui exultent . quae talares dicuntur , quia talus finis est corporis , per quod ostenditur quod non sufficit opus bonum inchoare nisi studeatur perseveranti fine compleri , prou● sub ti . de tunica dicetur . sic ergo noster pontifex plura quam octo induit vestimenta , quamvis aaron non nisi octo habuisse legatur , quibus moderna succedunt , quod ideo est quoniam oportet justitiam nostram magis habundare quam scribarum et pharisaeorum , ut intrare possumus in regnum coelorum . potest etiam dici , quod noster pontifex octo habet à capite usque ad pedes : exceptis vestimentis pedum & manuum , scilicet amictum , albam , cingulum , & stolam , duas tunicas , casulam & pallium : vestimentum potius pertinet ad nostrum quam ad aaron , quia nostris dictum est , euntes in omnes gentes , &c. denique praeter praemissas vestes sacris ordinibus & ministris deputatas , est & alia quaedam vestis linea quod superplicium dicitur , quo quibuslibet serviciis altaris & sacrorum vacantes super ve●●es communes uti debent , prout in sequenti ti , dicetur . superpelliceum autem propter sui candorem , mundiciam seu puritatem castitatis designat . juxta illud , omni tempore vestimenta , id est opera tua sint candida & munda , propter nomen vero suum carnis mortificationem figurat . dict●m est enim superpellicium , eo quo antiquitus super tunicas pellicīas de pellibus mortuorum animalium factas induebatur , quod adhuc in quibusdam ecclesiis observatur , representantes , qdadam post poccatum talibus vestitutus est pelliciis . tertio , denotat innocentiam , & ideo ante omnes alias veste● sacras saepe induitur , quod divino cultui deputari in ●ocentiam vitae cunctis virtutum actibus superponere d●b nt● juxta illu● psal. innocentes & recti adheseru●t mihi . quarto , propter sui latitudinem cong●ue charita● m designat . unde super prophanas & commune● vestes induitur ad notandum quod chari●as operit multitu●inem peccatorum . quinto , propter sui formam quod in modum crucis formatur , passionem domini figurat , qu●dque illud gerentes crucifigi debent cum viciis , & concupiscentiis : flunt autem superpellicia in quibusdam locis de crismatibus lineis , quae ponuntur super infantulo● baptizatos , exemplo moysi , qui de purpura & bisso , & aliis à populo in tabernaculo oblatis , secit vestes quibus a●ron & filii , ejus induerentur quum ministrabant in sanctis , exod. xxxix . c . est etiam & alia vestis quod pluviale vel cappa vocatur , quod creditur à legali tunica mutuata . unde sicut illa tintinabulis , sic ista simbris infigitur , qui sunt labores & hujus mundi solicitudines . habet etiam caputium , quod est supernum gaudium , prolixa est usque●ad p●des , per quod perseverantia usque in sinem significatur . in anteriori parte aperta est , ad d●notandu , quod sanctae conversantibus vita patet aeterna seu quod ●orum vita patere debet aliis in exemplum , xi . q.iij . non sunt in fine . rursus per cappam gloriosa corporum immortalitas intelligitur , unde illam non nisi in majoribus festivitatibus induimus , aspicientes in suturam resurrectionem , quando electi deposita carne binas stoas accipiente . i.e . requiem animarum & gloriam corporum . quae capparecte interius patula est , & nisi sola necessaria sibula insuta , quia corpora spiritualia facta nullis animam obturabunt angustiis : fimbriis etiam subornatur , quia tunc nostrae nihil decrit imperfectioni , sed quod nunc ex parte cognoscimus tunc cognofcemus sicut & cogniti sumus . quidam autem haeretic● garriunt , nusquam reperiri in novo testamento , quod christus vel discipuli ejus praemissis vestibus induerentur , repre●endentes nos temere , quia talibus utimur ornamentis , quoniam sicut jo , ait . dom. surgens de caena posuit vestimenta sua & postea alia nunquam accepi● nisi sua . nos vero , ut dicunt , plura alia quam vestimus revestimus in missam qua caenam ipsam imitamur , & dominus ab his qui volunt ambulare in stolis , nos cavere praecepit , dicens ; cavete à scribis qui volunt ambulare in stolis ; dicunt enim quod hoc facimus ut justiores & excellentiores populis appareamus , contra illud , vos estis qui justificastis vos coram hominibus , deus autem novit corda vestra , quia quod hominibus altum est , abhominatio est apud deum . error autem iste ex praemissis apertissime consutatur . legitur quoque ezech. xlii . & xliv . cum ingredientur sanctuarium meum & accedant ad mensam meam ut mihi ministrent & custodiant ceremonias meas , vestibus lineis induentur , nec ascendet super eos quicquam laneum . cum ingredientur atrium extersus ad populum , exuent se vestimentis suis in quibus ministra verant , & non sactificabant populum in vestimentis suis. et nota , quod hostiarii , lectores , exorcistae & accoliti vestibus albis utuntur , videlicet superpelliceo , amicto , & alba , & baltheo , ut angelos dei ministros per castitatis mundiciam imitentur , & eis in carne gloriosa effecta spirituali quasi in albis vestibus socientur . inde est quod potius lineis vestibus utuntur , quia ficut linum multo labore ad eandorem perducitur , sic necesse est per multas tribulationes ad regni gloriam pervenire . in concilio magon . xi.q.i. episcopus presbyter , statutum est , quod episcopus in ordinatione sua recipiat orarium baculum & annulum , presbyter orarium & planetam ; diaconus orarium & dalmaticam ; sub-diaconus patenam & calicem , & cum degradantur ea perdunt . et in concilio toletano , xciij . di . diaconus , in conventu statutum est quod diaconus tempore oblationis tantum , scil . quando legit evangelium , utatur alba & dalmatica . notandum quoque est quod vestes evangelici sacerdotis aliud designant in capite scilicet , in christo ; aliudque figur●●t in membris , quamquam & caput & membra sacerdotis nomine nuncupantur●ad caput dicit psalmigraphus : tu es sacerdos in aeternum secundum ordinem melchisedech . ad membra vero dicit apostolus ; vos estis genus electum , regale sacerdotium . exponenda ergo sunt eorum mysteria . primo secundum quod membris , consequenter secundum quod capiti scilicet christo conveniunt , prout in quolibet capittulo distinguetur . de ornamentis autem & palleis & vestibus eccles●ae vel altaris , in prima parte dictum est , ubi agitur de picturis . porro sex indumenta sacerdotibus & episcopis communia sunt haec ; amictus , alba , zona , seu cingulum , stola , manipulus , planeta . novem vero pontificibus specialia sunt haec , caligae , sandalia , succinctorium , tunica , dalmatica , cirothecae , mitra , annulus , baculus pastoralis . de quibus ominibus singulatim prosequimur , & etiam de sudario , & de pallio , & de coloribus quibus ecclesia in ecclesiasticis utitur indumentis , & de legalibus indumentis sive veteris testamenti . after which he prosecutes at large in sundry distinct chapters , the reasons of instituting each of these particular pontifical , sacerdotal vestments , and their mystical tropological significations , with such frantick , ridiculous conceits , and impious pervertings , wrestings of sacred scriptures , as would affect all conscientious sober christians with grief and indignation , and others with more laughter than any enterlude or puppet-play . i shall only transcribe his chapter de alba , or the white surplisse , the vestment now most in question . post amictum , camisiam sive albam sacerdos indui● ; quae membris corporis convenienter aptata , nihil superfluum aut dissolutum in vita saece●dotis aut in eis membris esse debere d●monstrat . haec ob speciem candoris mundiciam demonstrat ; secundum quod legitur ; omni tempore vestimenta tua sint candide . fit autem de bisso , vel lino , propter quod scrip●um est , bissum sunt sanctificationes sanctorum . est autem bissus linum egyptiacum . sicut enim linum vel bissus condorem quem ex natura non habet ●ultis tensionib●s attritum acquirit per artem sic & hominis caro mundiciā quem non obtinet per naturā , per exercitia bonorum operum multis cogitationibus macerata , sortitur per gratiam . sacerdos ergo secundum apostolum , c● stiget corpus suum & in servitutem redigat , ne forte cum altis praedicaverit , ipse reprobus fiat . habet autem alba capucium , quod est professio castitatis . habet etiam lingulam , quae significat linguam sacerdotalem quae ligat contumaces & absolvit penitentes . ru●sus haec vestis quae in veteri sacerdotio lin●a , vel pedis grece , seu 〈◊〉 talaris dicebatur , stricta fu●sse describitur propter spiritum servitutis iudaeorum in timore . in novo vero larga est propter spiritum adoptionis in libertate qua nos christus liberavit . quod autem aurifrisium & gramata diversis in locis ac variis operibus ad decorem habet , illud insinuat quod p●ophe●a dicit in psalmis . asti●●t regina à dextris tuis in veste ●eaurata circa , varie . rursus alba cingula stringitur , ut omnis voluptas carnalis astricta intelligatur , diccente domino : sint lumbi vestri praecincti . manicae quoque tam albae quam etiam tunicallae convenienter debent esse strictae , non minus laxae , ut labantur & brachia nudentur , habentes in summitatibus aurifrisia , ad designandunm aureos torques , quia brachia nud● beati martini missam celebrantis miraculose decenter operuerunt , prout in sexta parte sub ejus festo docetur . per albam etiam qua corpus à sursum usque ad deorsum tegitur , spes quem ex gratia provenit ecclesi● defursum , & ex meritis ecclesiae deorsum figuratur . de hac apostolus ad roman . viij . spe salvi facti sumus . quia vere usque ad talos d●scendit , perseverantiam designat , prout tactum est prope finem in prohemio hujus partis . porro , secundum quod capiti , scilicet christo , advenit alba quae est lineum vestimentum longissime distans à tunicis pellitiis , quem ex mortuis animalibus siunt , quibus adam vestitus est post peccatū , novitatē vitae signisicat quem christus & habuit & docuit & tribuit in baptismo ; de quo dicit apostolus ; exuite veterem hominem cum actibus suis , & induite novum qui secundum deum creatus est . nam in transfiguratione resplenduit facies ejus sicut sol , & vestimenta ejus facta sunt alha sicut nix , semper enim vestimenta christi munda fuerunt & candida , quoniam peccatum non fecit , nec inventus est dolus in oreejus : haec etiam vestis representat albam vestem in qua herodes illusit christo. luc. xxiij . in answer to all this popish chaff i shall only propound the poets interogation to the readers of this irrational rationale , spectatum admiss● risum teneatis amici ? i now proceed to their second scripture reason for the use of white surplisses and rochets , which is this , white , and white garments are a sign or badge of holyness , innocency , purity , joy , and gladness , as is evident by psal. 51. 7. isay 1. 18. dan. 11. 35. rev. 3. 4 , 5 , 18. c. 4. 4. c. 6. 2 , 11. c. 7. 9 , 13 , 14. c. 19. 18. eph. 5. 25 , 26 , 27. eccles. 9. 8. therefore bishops , ministers and deacons ought to wear white rochets , surplisses and albees in time of divine service and sacraments . thus alcuinus , honorius augustodunensis , thomas waldensis , gulielmus durantus , archbishop whiteguift , mr. hooker , and sundry other writers argue . to which i answer , 1. that white is not alwayes a sign , badge of purity and innocency , but oft times of corruption , defilement , guilt , & that in the scriptures , priests and prelates account . as 1. in the case of leprosy ( the worst , a uncleanest of all diseases ) awhite scab , spot , skin , was a sign , symptome , consequent of the plague of leprosy ; whence it is recorded of b miriam and c gehazi , when smitten miraculously by god with leprosy for their sinnes , that they became leprous , and went out a leper as white as snow . 2ly . in the case of hypocrisy , especially in false prophets , priests and clergy-men , against whom christ himself gives this description , caution , mat. 7. 15 , 16. beware of false prophets , who come unto you in sheeps cloathing ( which is commonly d white , as wool is ) but inwardly they are ravenous wolves , ye shall know them by their fruits ; compared with mat. 23. 2 , to 12. mar. 12. 38 , 39 , 40. beware of the scribes and pharisees , which love to go in long cloathing , ( long * white surplisses , gownes , cassocks , cloakes , as bishops , priests , deacons use to do ) which devour widows houses , and for a pretence make long prayers but all their works they do to be seen of men : they make broad their philacteries and enlarge the borders of their garments : and love the uppermost roomes in feasts , and the chief seats in the synogogues : and greetings in the market place , and to be called rabbi , rabbi : but be ye not called ; rabbi , for one is your father which is in heaven , and all ye are brethren . which texts our famous apostle e iohn wickliff and others applyed to the popish prelates and clergy , their surplisses and vestments , as f thomas waldenesis , and others relate : together with that of matth. 23. 25 , 27 , 28. wo unto you scribes and pharisees , hypocrites , for ye make clean the outside of the cup and of the platter , but within they are full of extortion and excess . thou blinde pharisee , cleanse that first within the cup and platter , that the outside may be clean also . wo unto you scribes and pharisees , hypocrites , for ye are like unto whited sepulchers , which indeed appear white ( or beautifull ) outward , but are within full of dead mens bones , and of all uncleannesse : even so ye also ( in your long white surplisses , and priestly garments ) appear righteous unto men , but within ye are full of hypocrisy and iniquity . upon which account paul stiles g aunanias a whited wall. 3ly . popes and bishops themselves when they degrade any clergy-man or bishop for heresy , h uncleannesse , or any other scandalous crime , apparel him first in surplisses , rochets , and consecrated vestments ; after which they disrobe him of them : and when they inflict pennance on adulterers , adulteresses , whores , bawdes , whoremasters , and other scandalous , unclean offendors , they cause them to stand in white sheets or surplisses in the church before all the congregation to their shame , by way of punishment . therefore white garments even in churches are a badge of guilt , infamy , as well as of innocency , purity and honour . 4ly . st. hierome himself , i and caelius rhodiginus out of him , censure the wearing of white garments by monks , k as a badge of luxury and pride , not innocency , purity or humility . and is it not so in bishops , priests , d●acons , who thereby will not only difference themselves from , but advance themselves above lay christians ; l as appears by this prayer in the roman pontifical , when they put on their surplisses , and priests vestments at their ordination , as clerks , omnipotens sempiterne deus , ● propitiare peccatis nostris , & ab omni servitute saecularis habitus hos famulos tuos emunda , ut dum ignominiam saecularis habitus deponunt , tua semper in aevum gratia perfruantur , &c. and these words of the archbishop to the king at the time of his coronation , when he placeth him in his throne , a stand and hold fast from henceforth that place , whereof hitherto thou hast been heir by the succession of thy forefathers , being now delivered unto thee by the authority of almighty god , and all the bishops and servants of god ; ( clad in their pontificalibus ) & as thou ●e●st the cle●gy to come nearer unto the altar ( than others , in their white rochets , surplisses , ) so remember , that in places convenient , thou give them greater honour . finally if white garments be a token of innocency , purity , then porters , carters , groomes , virgins and country lasses , who usually go clad in white frockes , wastcoats , garments all the day , week , year long , should be more holy , innocent , pure than bishops , priests , deacons , who wear them only for few hours in the church , and are clad in black garments only all the day , week , year , which are as contrary to innocency , purity , as white is unto black . 2ly . white is not alwayes a badge , or garment of joy , but oft times of mourning and grief , as in the cases of pennance and degradations forecited ; and in these ensuing presidents . b alexander ab alexandro , c b●emus and d others record , that the grecians , spartians , argivi , syracusians used to put on albas vestes white garments , when they mou●ned for their deceased friends and kings , in which they followed their corps to their g●aves , involved usually in white winding sheets and cere-cloaths ; plutarch , and e areti●s out of him informs us , that the roman matrons , mourned in white garments . in f china at this day the nobles and better sort of women use to mourn in white array ; the better fort of g turks use to mourn in white ; and in iapan white is a funeral colour , black a feastival ; yea , h at this day the i queens of france after their husband kings decease wear white garments during their widow-hood , in token of grief and retiredness : and in many places of england when any maids dye before mariage , other virgins use to accompany their hearse to their graves in white wastcoats , gloves , ribonds ; therefore white garments cannot be of themselves , a badge of joy , chearfullness , triumph , for then white winding-sheets should be so , wherein we all inter dead corps . 3ly . white garments are no peculiar badge of evangelical bishops or ministers of the gospel , and that only in divine administrations ; for as i never read that christ or his apostles , or the primitive evangelical bishops , ministers , deacons , for above 350. years af●er christ used any such vestments , surplisses , rochets in divine administrations , which doubtlesse they would have done had they deemed them necessary , decent or expedient ; so on the contrary . i read , 1. that the a tapyrae , bactriani , iberi , and other barbarous nations about hyrcania , b compell their women to wear and walk ab●oad albis lunicis in white coats , and short cut hair ; when as the men only wear black vestments , and let their hair grow long . 2. that the romans in their circentian playes had 4. factions , clad in 4. several sorts of coloured garments , ( just like the popish priests and prelates ) according to the four seasons of the year ; to wit , in green-coloured garments , dedicated to the spring : in rose-coloured vestments , devoted to the harvest : in violet-coloured ; consecrated to winter : and in white garments , dedicated to autumn , when men ( as well as fruits and leave● ) usually drop into their graves . and that the c romans used to resort to , & behold their playes , toga candida in a white gown or surplisse , which was no act of religion , but pastime . 3ly . that those who stood for any elective offices among the romans , were usually clad in white garments , from whence they were stiled candidati , as caelius rhodiginus proves at large out of d titus livius , e plutarch , f pliny , g vlpian , iuvenal and others ; which candidates h usually bribed the people to gain their voyces with mony , meat , drink , feasts , ( notwithstanding many successive severe lawes made against it ) as too many knights , citizens , burgesses now use to bribe their electors before and at every parliamentary election , with gifts , feasts , and drunken entertainments , for which they deserve expulsion out of the house of commons , far better than d thomas long , who in the parliament of 8. elizabeth was expelled the commons house , upon examination of his case , only for giving the maior of westbury ( in wiltshire ) 4 l. to be elected a burgesse to serve in that parliament for this his corrupt dealing ( which was to poyson the very fountain it self ; ) and the maior fined and imprisoned ; where as some now spend one , two , or three thousand pounds apiece in counties to be elected knights : and others one , two , three , four or five hundred pounds a piece or more to be chosen citizens and burgesses for the last , & this approching parliament , in bribes , e wine , ale , bear , tobacco , feasts , and drunken entertainments , ( which will hardly produce a sober parliament , and for which the elements now mourn , yea drop down showers of wrath uponus ) for which bribery they well deserve to be cast out of the parliament-house , and fined treble the value of their bribes and expences , to his majesty ; ●ince the pagan romans were so just as by the law of c. petilius tribune of the people , to impose a fine and penalty of ambition upon q. coponius , quod vini amphoram ei cujus suffragio magistratum petebai , dono dederat . and if his giving but a quare or pottle of wine was reputed a bribe deserving punishment , what do they demerit who give whole tuns , buts of wine , and many barrels of ale , bear to their electors for their voyces ? yea those mercinaries who thus unworthily sell their voyces , deserve to be for ever disabled to have any voyce in future elections ; and this roman law is now fit to be enacted among us , vt in petendis honoribus , candidati sine toga ad comitia descenderent , ne pecuniis in sinu reconditis tribuum suffragia merearentur . 4ly . that the idolatrous f priests of isis among the aegyptians , when they sacrificed to this idoll , did shave their crownes , and wear white surplisses , garments , ( just as the popish priests do now ) above a 1000. years before christians took up this fashion ; and the g roman matrons in the feast of their goddesse ceres , did annually sacrifice to her , veste candida , in a white garment , ut tunc diis gratum esse censerent , si à laetis , nec à sunere pollutis celebraretur . 5ly . that the h four monks of saint denis abbey in france who carry the canopy over the viol of holy oyl ( pretended to be sent from heaven ) at the french kings coronation , albis induti , are arayed in white surplisses and rochets , though not in holy orders . 6ly . that our bishops themselves , and the abbot formerly , but now the dean of westminster , at our kings coronation , stripping off his ordinary apparel , put on him a i collobium , dalmatica , or close pall , linnen gloves and sandals , immediately after his consecrating , as they use to do on bishops and priests , of whole holy vestments , these are parcel . either therefore they must acknowledge our kings to be bishops and priests as well as themselves , or disclaim these vestments as proper or peculiar to bishops , priests and clergy-men . 4ly . admit white garments , rochets , surplisses a badge of innocency , purity , holynesse , as is pretended , and therfore fit to be worn in time of divine service and sacraments by bishops , priests , deacons , and other ecclesiastical persons ; then it will certainly follow from hence , 1. that all christians whatsoever ought to wear white surplisses , rochets , albees , as well as popes , archbishops , metropolitans , bishops , arch-deacons , deans , prebends , priests , ministers , deacons , and other church-men . 1. because they are all equally purified , washed from their sinnes externally by baptisme , and internally by the blood of iesus christ , yea justified , sanctified , and made holy without spot or blemish ; as well as any prelates , priests or clergy-men whatsoever , eph. 5. 25 , 26 , 27. rev. 1. 5 , 6. c. 7. 14. 1 john 1. 9. c. 2. 1 , 2. 1 cor. 6. 11. tit. 3. 5. hebr. 10. 22. psalm 51. 7. isay 1. 18. 2ly . because they are all commanded to be pure , holy , blamelesse , undefiled in all manner of conversati●● , and godlynesse , even as god is holy , as well as clergy-men . upon which account they are usually stiled saints , holy men , holy brethren ; and redeemed by christ for this very end , that they should walk before and serve him in holynesse and righteousness all the daies of their lives , 1 pet. 1. 15 , 16. rom. 11. 49. c. 19. 2. c. 20. 7. 2 pet. 3. 11. eph. 5. 25 , 26. col. 3. 10 , 11 , 16 , 17. 1 thes 5. 16. 23 , 27. hebr. 3. 1. rev. 1. 5 , 6. c. 3. 18. c. 7. 14. lu. 1. 74 , 75. tit. 2 12 , 14. rom. 1 7. c. 6. 1. 4 , &c. c. 8. 10 , 11 , 29 , 30. ephes 4. 24. c. 1. 4. phil. 1. 1. philem. 5. 7. 2 cor. 1. 1. c. 13. 13. col. 1. 2 , 4 , 12 , 26 , rev. 15. 3. c. 19. 8. ps. 34. 1. ps. 62. 8. psal. 106 , 3. 1 tim. 2. 8. 3ly . because they are all equally a chosen generation , a royal priesthood , a holy nation , a peculiar people , yea made kings and priests to god the father by iesus christ , as much as prelates and clergy-men , 1 pet. 2. 9 , 10. rev. 1. 5 , 6. c. 9. 10. c. 20. 6. exod. 19. 6. 4ly . because god is no respecter of persons , ( especially in his immediate worship , service ) but in every nation he that feareth god , and worketh righteousness is equally aocepted of him , acts 10. 34 , 35. 1 pet. 1. 17. ephes. 1. 6. 5ly . because all the saints and redeemed of christ , have equally washed their garments , and made them white in the blood of the lamb , and are arrayed in spiritual ( not corporal ) white garments , as well as prelates and priests , rev. 3. 4 , 5 , 18. c. 6. 11. c. 7. 9 , 13 , 14. c. 19. 8. therefore if necessary , decent expedient in gods divine service , all lay saints should wear them as well as bishops or clergy-men . 2ly . then it will necessarily follow , that not only prelates and other clergy-men , but likewise all christians should wear rochets , surplisses , and white vestments at all times , as well as in time of divine service , or sacraments administrations ; especially in all their private prayers , devotions in their closets , houses , families , ( where bishops , priests , deacons themselves use not to wear them ) and in all places as well as in cathedrals , churches , chapels , since they ought to be alwaies holy , innocent , undefiled , white , pure in all their actions , conversations , shining as lights of the world in the midst of a polluted and perverse generation , as ephes. 1. 4. c. 5 26 , 27. c. 4. 22 , 23 , 24. phil. 2. 15. 1 pet. 1. 15 , 16. 2 pet. 3. 11. and other fore-cited texts resolve . 3ly . it was an * antient custom in the primitive church ( long before bishops , priests or deacons wore white rochets , surplisses , and linnen vestments ) beginning before 300. years after christ , and continuing near 1400 , years space , or more , in most christian churches , to put on long white robes , surplisses , garments , on all such christians as were baptized , immediately after their baptism , in testimony of their purification and washing from their sinnes in their baptism , by the blood of iesus christ. hence lactantius flourishing about 300. years after christ , in his book de resurrectione christi , hath this elegant expression , rex sacer , ecce tuiradiat pars magna trophaei cum puras animas sacra lavacra beant . candidus egreditur nitidis exercitus undis atque vetus vitium purgat in amne novo , fulgentes animas vestis quoque candida signat . et grege de niveo gaudia pastor habit . this custom of apparelling baptized persons in white robes and garments , is likewise attested by gregory nazianzen oratio 3. ambrose de sacramentis , l. 3. c , 1. and de his qui initiantur , c. 7 , 8. within 370. years after christ , and not long after by olympiodorus in eccles. c. 9. gregorius turonensis , hist. l. 9. c. 4. and our venerable beda , hist. ecclesiastica gentis anglorum , l. 2. c. 14. where relating the history of our king edwins and his peoples conversion to the christian faith , and baptizing by paulinus , anno christi 627. and of his sons soon after , adds quorum primi albati adhuc ( that is , whiles cla● in white garments after their baptism ) erepti sunt de hac vitae . abbot alchuvinus scholar to beda , and tutor to charles the great , describing the forms and ceremonies of baptism about the year of christ 800. * records , that the person baptized , after his baptism , elevatur de fonte , ut per gratiam surgat ad vitam . deinde albis induiiur uestimentis propter gratiam regenerationis , et castitatem vitae , et angelici splendaris decorem . tunc sacro chrismate caput perungitur & mystico tegitur velamine , ut intelligat se diadema regni & sacerdotis dignittem portare , juxtà apostolum , vos estis genus electum , regale , sacerdotale , ●fferentes vosmet ipsos deo vivo hostiam sanctam & deo placentem . therefore they are intituled to wear white garments , surplisses , rochets , as well as any bishops or priests whatsoever , who upon this account ought not to advance themselves above , or distinguish themselves from other baptized lay-christians . ‖ rabanus maurus , flourishing about 840. years after christ , writing of the forms and ceremonies of baptism , relates that after baptism , a white garment was delivered to every person baptised . post baptismum traditur christiano candida vestis , quae signat innocentiam & puritatem christianam , quant post ablutas veteres maculas statio sanctae conversationis immaculatam servare debet ad praesentandam ante tribunal christi . cujus verò renati albis induuntur vestibus , ad mysterium resurgentis ecclesiae futurum . vtuntur vestibus albis , ut quorum primae nativitatis insantiam vetusti erroris pannus suscaverat , habitus secundae regenerationis gloriae praeferat indumentum . the continuance of this custom in after ages is attested by vincentius beluacensis , spec . hist. l. 23. c. 145. erfordiensis , c. 66. aponius , l. 6. in cantica cant. the century writers , cent. 8 , 9 , 10 , 11 , 12 , 13. c. 6. tit. de ritibus circa baptismum , and to name no more , by our thomas waldensis , about the year of christ 1420. doctrinalis tom 3. tit. 5. cap. 52. sect . 1 , 2. de veste candida quam accipit baptizalus , which he largely descants upon as a badge of their purification , innocency , washing away their sins , and making them as white as snow , and puting on the lord jesus christ , citing rom. 12. ezech. 16. psal. 50. exod. 24. heb. 3. mat. 17. isai. 1. cant. 1. ( all produced by him and other papist● for bishops and priests white rochets , albees , surplisses . ) dionysius areopagita , origen , ambrose and rabanus , to justifie this custom , from whence the lords day , easter week , and the feast of pentecost , on which christians heretofore were usually baptized , and then clad in white garments , * were stiled dominica et feria in albis , and by our english calanders , nation till this day , called white-sunday , and whitesontide , because all persons baptized on them , and virgins too , were then usually clad in white garments . feria 2. in albis , haec hebdomada ( to wit after easter ) in albis vocatur , quod sabbato sancto baptizati , vestein candidam , quam in baptismo acceperant gestate consueverint , ac in ea induti ac albati , usque ad alterum sabbatum , quo solenni ritu albas deponebant , writes learned * george cassander . if then this antient custom of clothing all baptized persons in white robes , rochets , surplisses , so long continued in the churches of christ , before any such vestments wore by bishops , priests , deacons , grounded on the self-same texts , reasons , and some better grounds then bishops , priests , or deacons wearing these garments , be now totally laid aside , ( through the pride , usurpation of popes , prelates , clergy-men , who appropriate them only to themselves by way of distinction from other christians ) without any scandal or prejudice to religion ; then à fortiori bishops , priests , deacons rochets , surplisses , and other vestments , may be discontinued and laid quite aside as uselesse , superfluous , if not schismatical , dividing , discriminating christians from christians , and clergy men themselves from one another , raising many unnecessary contests , inconsistent with our churches peace and unity . 6ly . if a white colour , or white linnen garments be badges of innocency , purity , chastity , and should mind those who wear them of , and excite them to these virtues , as is pretended , then there is no need at all of white surplisses , albees , rochets or lawnsleeves for these purposes . for 1. every bishops , priests , deacons , and other mans white skins , ( the natural garment of his body , which he wears upon him all his life ) or his white linnen shirt , wastcoat he wears day and night al the w●ek , year long ; his white linnen bands , cuffs , handkerchiefs , and linings of his dublet , hose , or the white sockes he usually puts on every day , and not puts off till night , his white linnen night cap , sheets which he lyes down and sleeps in everynight , the white linnen napkins , table-cloaths , towels , he daily useth , the white bread , meat , milk , egges he eateth every meal ; the white wax or tallow candles he burns ; the white sealings , walls , he beholds in his house , church , chapel every day ; the white paper wherein he writes , and all the bibles , missals , common-prayers , and other books , papers he reads written or printed ; the white corporals , altar-cloaths he beholds at every sacraments ; the white frocks of porters , carters , millers , grooms , hostlers they daily wear ; the white dublets of men , wastcoats , peticoats , aprons , linen mantles of every woman , the white sheep , beasts , foul , birds , snow , hail , wool , flax , or radiant light of the sun , moon , stars , & viae lactea in the heaven● , might abundantly mind every b● priest , deacon , ( unlesse more dull and averse from purity , piety , innocency and sincerity than any other sort of christians , ) and more effectually excite every clergy-man , or pious , reasonable christian , to innocency , purity , sincerity , than all their albees , rochets , surplisses , or other church vestments , which they wear only for a short season , not constantly all the day , as they do their other induments . and why white rochets , surplisses , lawn-sleeves alone , should be badges , memorials of , or incentives to purity , innocency , chastity ; rather than all other white ordinary vestments , utensils , meats , creatures : or why archbishops , bishops , priests , deacons , and clergy-men alone should wear them , when as all wear white shirts , bands , cuffs , and other linnen garments , as well as they , without distinction , no solid reason can be rendered to satisfie any reasonable mans judgement or conscience . 7ly . if white be a badge of innocency , holynesse , chastity , purity , as is pretended , then why should not archbishops , bishops , priests , deacons , and all cathedral-men wear white hats , caps , gownes , cassocks , girdles , dublets , breeches , stockings , shooes , ( but only black , red or russet vestments as sundry p popish councils , and our own canons enjoyn them ) as well as white rochets , surplisses , or lawn-sleeves ? or why should they not wear only their shirts , instead of surplisses , rochets , upon their gowns , cassocks and wearing cloathes ; or their surplisses , rochets , lawn-sleeves under their other cloaths , instead of shirts ? it was a witty question a q pratling girle of seven years old demanded of doctor laud when bishop of london , arrayed in his white lawn-sleeves and rochet . pray vncle why do you wear your shirt upon your gowne and sleeves , when other men wear their shirts under them ? at which the bishop smiling , could return her no answer but this , that it was the custom of bishops to do it . and had she demanded of him further , how his white sleeves and rochet alone could be a badg of his universal innocency , purity , sanctity , when his gowne and all the rest of his garments were coal-black ? or , whether his innocency , purity , sanctity were not put off together with his lawn-sleeves , rochet , and laid quite aside till he put them on again ? he could hardly have returned a satisfactory answer to these demands . 8ly . if bishops and clergy-men wear white rochets , surplisses in the church only to distinguish them from the people , and others not in orders . then 1. no unordained singing-men , parish clerks , choristers , scholars in our universities , should be commanded , as now , but prohibited to wear surplisses in the church . 2ly . bishops and ministers respective consecrations , ordinatious , presentations , inductions , installments to their bishopricks , & benefices , perception of their rents , profits , tythes , aud their constant preaching , praying , officiating , baptizing , administring the lords supper , and diligent exercising of their ministry in the church , are sufficient of themselves without any rochet or surplisse , to difference them from the people , as r good trees are best known by their fruits , not leaves : so are good , pious , holy bishops , and ministers of the gospel , best known and distinguished from the laity by their good fruits by their diligent discharge of their duties , functions ; their exemplary , transcendent piety , charity , humility , heavenly-mindednesse , and by renouncing the pomps , vanities , riches , honors of this present world , and all the sinsull lusts of the flesh , according to their baptismal vow , even as pope coelestine the 1. asserted long since in his epistle to the french bishop , cited in the title-page . the s council of calchuth under our king alfwoold , anno 787. cap. 3. prescribes this as the principal badge and duty of every bishop , priest , vt diligenti cura ad gregem sibi commissum praedicet . the councill of clovesho , an. 747. and the excerptions or cannons of egbert archibishop of york , about the year 750. decree : vt unusquisque episcopus & sacerdos omnilus festis & diebus dominicis evangelium christi praedicet populo . vt episcopi nullatenus secularibus negotiis , plusquam dei servisiis ( quod absit , as most have done ) subditi existant , sed maxime curani animarum habeant , ut secundunt apostolum , populum dei suis exemplis benè corrigant , & sanae quoque doctrina sermonibus instruant bonis utique moribus , alstinentie virtutibus , justitiae operilus , doctrinae studiis adornati . ; yea the t 2d . council of cavailon , under the emperor charles the great , about the year 810. cap. 1 , 2 , 4 , 5. decreed , according to the decrees of the holy canons , and the doctrine of other sacred scriptures ; vt episcopi assidui sint in lectione , & scrutentur mysteria verborum dei , quibus in ecclesiis doctrinae sulgore splendeant , & herborum dei alimentis animas sibi subditas saciare non cessent . vt ea quae legendo persecut●ntur , opere compleant * juxta illud , caepit iesus sacere & docere . et memoria ferentibus mandactum ejus , ut saciant ea . et quia non auditorees legis sed sactores ejus justificabuntur . et ut regnum dei non est in sermone sed opere , sint subditis n●rma vivendi , ità videlicet , ut & verbis & exemplis populo ad aeternam patriam pergenti ducatum praebeant ; vt vita eorum & doctrina nequaquam discordent , sed quod dicunt , faciant , & quae faciunt docere studeant , et praedicatione assidua plebem admoneant , & salee justitiae à credentium mentibus vitiorum spinas eradicent , & verbi deisemine agros me ntis eorum ad faecunditatem perducant . vt humilitatem atque religionem , & in vultu , & in opere , & in habitu , & in sermone demonstrent . vt juxta apostoli vocem irreprehensibiles sint & moribus ornati , & nequaquam turpibus luchris deserviant , juxtà illud quod ait scriptura ; nemo militans deo implicat se negociis secularibus , ut ei placeat cui se probavit . the * bishops in the council of paris under lewis and lotharius , an. 829. unanimously decreed . statuimus pari voto , parique consensu , ut unusquisque nostrum dictis & exemplis , plebes parochiae suae attentius ad meliora incitens , studeat , easque ut se à malis cohibeant , &c. solicitè admoneant , cum itaque praedicatores siue cessatione populo dei praedicare nec●sse sit , juxta illud * isaiae . clama , ne cesses , quasi tuba exalta vocem tuam , & annuncia populo meo scelera eorum , &c. tum maximè ) id facere necesse est , quando iram domini contra populum dei , meritis exigentius , grassari perspexerint . iuxta illud quod dominus per ezechielem prophetam loquitur , ezech. 3. 17 &c. & c. 33. 7 , 8 , &c which is seconded by many other * councils in and after that age . hence ‖ odo archibishop of canterbury in his constitutions about the year 943. cap. 3. de officio episcopi , admonished all bishops and presbyters , quatenus cum honestate & modestia , bonis exemplis in sanctae religionis pietate praedicent , & populum dei doctrina sua erudiant & informent , ut suas parochias omni anno cum omni vigilantia praedicando verbum dei circumeant : absque ullo timore vel adulatione cum omni fiducia verbum dei praedi●are , regi , principibus populisui , omnibus dignitatibus , & nunquam veritatem subter sugere . upon which considerations our famous martyr * iohn purny preached at bristow an. 1392. quod quilibet sacerdos magis debet demittere matutinas , missam & vesperas , & caeteras horas canonicas quam praedicationem verb● dei , eo quod solum traditione humana ordinantur ; and nicholaus de hereford then publickly taught , nullus est verè praelatus , nec habilis ad praelaciam nist sit doctor et praedicator , which positions our un-preaching and rare-preaching prelates then deemed heretical , though the very doctrine of st. paul 1 tim. 3. 2. 2 tim. 4. 1 , 2 , 4 , 5. acts 20. 28. the discharge of these their episcopal and sacerdotal duties , would more adorn and demonstrate them to be bishops and ministers , then all their episcopal or sacerdotal vestments , wherewith they now load and make themselves more unable to discharge these duties . i shall close up this particular with the words of our famous iohn wicliff , dialogorum l. 4. c. 17. de avaritia cleri . f. 128. sic intelligunt aliqui dictum christi , mat. 10. nihil tuleritis in vin , ne peram , &c. non enim debent viri apostolici tardari cum aliquo temporali , quod vel eorum ●ffectionem , vel occupationem , quo ad suum officium impediret . nuda autem & moderata habitio per virgam gestam in manibus potest intelligi . vnde sicut oner atus multiplici vestimento est saepè per hoc indispositus ad iter : sic ( episcopus & sacerdos ) oneratus temporalibus est saepè indispositus ad prod●ssendum ecclesiae : e● 〈◊〉 istum sensum dixit christus ubi supra , neque duas tunicas habeatis , & ista lex christi est fundata in lege naturae cum qua nemo poterit dispensare : therefore no popes nor bishops can dispence therewith , much lesse dec●ee against it . 9ly . for the objected text of eccles. 9. 8. let thy carments be alwaies white : if taken only in a * mistical sence for purity of life , chastity , innocency , or justification by the blood , robes of the righteousnesse of jesus christ , as some expound the place , it is nothing to the purpose ; if literally interpreted , it quite subverts the objectors . for 1. it is universal , extending equally to all lay-men and clergy men , not confined to bishops , priests , deacons , and ecclesiastical person alone , to whom white rochets and surplisses are appropriated . 2ly . it is universal in respect of time and place too , let thy garments be alwaies white , as well by night as by day ; as well before and after divine service , masse , sacraments , as during their celebration ; as well out of cathedrals , churches , chapels , as in them ; as well in your eating , drinking , feasting , and private family , or closet devotions , as in the cathedral or parochiall church or chapel , at common-prayers or sacraments ; to which times and places alone the wearing of rochets , surplisses is principally confind by popish councils , and our bishops canons , against the words of this text. 3ly . this text no wayes relates to common prayers , divine service or sacraments in the church , or to bishops , priests , deacons ; ( not then in use ) but to mens * feasting & joyful conversations out of the church , as is evident by the next succeeding words , and let thy head lack no oyntment . live joyfully with thy wife whom thou lovest , all the dayes of thy uanity , &c. and the words next preceding , go thy way , eat thy bread with joy , and drink thy wine with a merry heart , for god now accepteth thy works . therfore to apply it only to divine service , sacraments , and appropriate it to bishops and clergy-men , their rochets and surplisses , is a most grosse abuse , and perversion of this text , and the x popish canons prohibiting the marriage of priests , prescribing the wearing of black gowns , cassocks , by bishops , priests , deacons , ( if ever intended in this text ) are diametrically repugnant therunto . 4. the words are in the plural number , let thy garments be alwayes white ; therefore bishops , priests , deacons should alwaies wear white hats , gownes , dublets , stockings , shooes , as well as white rochets , surplisses ; yea wear their rochets , surplisses alwayes as they do their shirts ; not wear black coats , gowns , cassocks , dublets , hose at any time , and their rochets , surplisses only in the church , as their * councills and canons prescribe , point-blank against this text , under severe penalties . 4ly . the roman missals , pontificals , and gulielmus durantus prescribe the wearing of other coloured garments , even in time of masse , divine service , and sacraments , beside white , and the laying aside of white garments in the church it self on sundry festivalls and dayes of publick worship . as namely blacke v●stments , ( not white rochets or surplisses ) all the passion weeke before easter , on dayes of affliction , and abstinence for sinne , in rogations , in masses or processions for the dead , from advent till the vigills of the nativity , and on the feasts of innocents ; on which day some used to weare blacke , others red ; upou sundry other lords dayes and feastes they prescribe bishop and priests to weare red , on other dayes green or violet vestments , and white only on other sundayes , festivals , in the celebration of divine service and administration of sacraments ; whence they style white , red , black , green , the * four principal colours used by the church ; to which they reduce these five other colours , used likewise in the roman church , viz. scarlet , silken , violet , saffron , rose-colour , producing several textes of scripture ( miserably wrested by them ) for to prove the use of all these respective colours in the time of gods publick worship , as well as the use of white , seconded with sundry mystical reasons and significations , which those who please to make themselves merry with , may read at large in durantus . l. 3. de quatuor coloribus quibus ecclesia in ecclesiasticis utitur indumentis . now this objected text , let thy garments be alwayes white , routs all these romish regiments of blacke-coates , red-coates , greene-coates , blewecoates , yellow-coates , scarlet-coates , silken-coates , rose-coats , at once , and white-coates too , as appropriated onely to churches , divine service , sacraments , bishops and ecclesiastical persons . therefore they must henceforth either renounce this their objected text , or all these their sacred vestmentt and forecited robes , to which they are so much devoted . the third scripture argument for the necessary use of white rochets , surplices in divine service and sacraments administration , is from dan. 7. 9. i beheld till the thrones were cast down , and the ancient of days did sit ; whose garment was white as snow , and the hair of his head like pure wool , &c. compared with matth. 17. 2. mark. 9. 3. luke 9. 3. iesus taketh peter , james and john and bringeth them unto a high mountain apart , and was transfigured before them , and his face did shine as the sun , and his garment was white as the light : ( so matthew ) and his raiment became shining , exceeding white as snow , so as no fuller on earth can white them ; so mark records it : ergo , bishops , priests , deacons must wear white rochets and surplices in time of divine service and sacraments in all churches , chappels , is but a ridiculous non sequitur . for first , that text in daniel relates onely to christ sitting on the throne as a iudge , at the end of the world , not officiating as a priest in the church : ergo , all judges must wear white robes , surplices when they fit on judgement , is a better inference thence , then that bishops , priests , deacons must wear them when they minister in the church . secondly , his hair was white as wool , as well as his garment , therefore they should all have white hair or periwigs , as well as white rochets and surplices , when they celebrate divine service or sacraments . thirdly , our * saviours transfiguration was miraculous , not ordinary ; but once , not weekly ; in a high mountain apart , not within a temple , synagogue , church , cathedral ; before three only of his disciples , not the whole congregation or multitude : and his ordinary wearing garments miraculously became white and shining as the light , not as linnen ; and so exceeding white as no fuller on earth can white them , and that only during his transfiguration , not afterwards . therefore this miraculous president gives not the least shadow of warrant or president for bishops , priests , deacons ordinary wearing white rochets or surplices when they read common prayer , or administer sacraments in churches ; and they might , like christ , forbear such white garments , till by miracle their faces become shining as the sun , and their black ordinary wearing garments become as white and shining as his . fourthly , our saviour never put on a white garment , robe or rochet whiles he publickly prayed , preached upon ea●th ; nor did yet when he was thus transfigured in the mount , nor did peter , iames or iohn , who were present at , and witnesses to his transfiguration , nor any other of his apostles , we read of , wear any white rochets , surplices , or linnen vestments when they preached or celebrated the lords supper , or baptism in imitation of our saviours white thining garments ; neither were they or their garments thus transfigured or made white when present at christs transfiguration , or afterward . therefore bishops , priests , prelates upon all these accounts , should henceforth lay aside these vestments , since christ himself and his apostles never used them ; and no longer wrest our saviours miraculous transfiguration , and these sacred texts , beyond all bounds of reason , modesty , christianity , to maintain their own popish superstitious inventions , and abuse the ignorant vulgar with such gross delusions , which all judicious sober christians must either abominate or deride . the fourth plea insisted on for bishops rochets , and priests white surplices in time of divine service and sacraments , is that of matth. 28. 3. and mark 16. 5. at the time of christs resurrection , an angel of the lord descended from heaven , rolled back the stone from the sepulch●● and sate vpon it : his countenance was like lightning , and his raim●nt white as snow . and his disciples saw a young ma● ( to wit this angel in a young mans shape ) sitting on the right hand of christs sepulchre , clothed in a long white garment : who said unto them , be not afraid , for ye seek iesus of nazareth which was crucified : he is risen , he is not here : ergo , bishops , priests , deacons must wear white rochets or surplices in divine administrations . i answer , first , that the person thus clad in a long white garment , was an angel of the lord descending from heaven , not a bishop , preist deacon or minister . secondly , his long white garment was no rochet nor surplice . thirdly , he wore it not at all in any temple , church or synagogue , but onely at or in our saviours sepulchre . and that but once , at his miraculous , resurrection , not constantly or ordinarily : fifthly , to roll away the stone , and instruct christs disciples of his resurrection , not to say mass , preach , or read common prayer , oradminister the lords supper . sixthly , the disciples who saw him thus clad never imitated his white garment whiles they lived , muchless should bishops and priests ( who never saw him ) after their decease , without warrant from christ , the angel or disciples . the self same answer serves to the objection from acts 1. 0. where two angels in the shape of men stood by the disciples in white apparel , whiles they beheld christs ascention into heaven , and spake the words there recorded to them : which waldensis , durantus and others impertinently alleadge , for the use of long white surplices , vestments , or rochets of bishops and priests in the church . 5. the fifth text produced is that of rev. 3. 4. thou hast a few names in sardis , which have not defiled their garments , and they shall walk with me in white for they are worthy . ergo , bishops must wear white rochets and surplices in time of mass and divine service : acute logick , worthy of laughter rather then reply . for 1. these few persons in sardis were neither bishops nor priests ; these words being not spoken to nor of the angel of the church of sardis ; ( whom our bishops and prelatists will needs have to be the sole bishop of that church , but to others : ) therefore if any argument may be hence deduced for the use of rochets or surplices , it is , that lay saints who have not defiled themselves with sins corruptions of the times , but kept themselves nude●led , must wear rochets and surplices , not temporizing bishops or priests . 3. they are promised , hereafter to walk in white with christ in heaven , and that by way of reward , witness ver . 5. he that overcometh the same shall be cloathed in white raiment , and i will not blot his name out of the book of life , but i will confess his name before my father and his angels ; not commanded to say mass , or common-prayer in the church on earth by way of duty , ministry or distinction from other saints . 3. the white garments here meant , are only the robes of eternal glory in heaven ; not white rochets , lawn sleeves , or material surplices , as the abusers of this text pretend and must acknowledge . 6. the sixth text produced for surplices and rochets is rev. 4. 4. and round about the throne , were twenty four seats , and upon the seats i saw twenty four elders sitting cloathed in white raiment , and they had on their heads crowns of gold . ergo , bishops must wear white rochets , miters of gold , and priests white surplices . the sequel is denied . 1. because there is no bishop but onely elders mentioned in the text. 2. these elders are but twenty four , and they only had white raiment . 3. they sate in heaven upon thrones in their white robes , not in any church or cathed●al on earth . 4. they sate constantly in those white vestments , and never did put them off . 5. they had no other rayment on them but these white robes : therefore all bishops and priests , if they will be like these elders , and pursue these presidents , must wear no black doublets , cassocks , gowns , cloaks , wastcoats , but only white rochets , surplices , as they did . 6. they sate in them upon thrones , and had all crowns of gold upon their heads : if this then be a president for our lordly royal prelats , and clergies punctual imitation , they must all ●it upon thrones with golden crowns on their heads , like kings , as well as with white rochets , surplices on their backs like prelates and priests ; which i presume they yet dare not do , and his majesty with his nobility will not now suffer , should their pride and ambition prompt them to it . 7. the seventh president insisted on is , rev. 6. 9 , 10 , 11. where st. iohn saw under the altar , the souls of them that were slain for the word of god , and for the testimony which they held , &c. and white robes were given to every one of them . if any consequences can be hence deduced , they are only these . 1. that those saints and laymen , who suffer martyrdom for the word and testimony of god on earth , shall have white robes , not of fi●e linnen , but of eternal glory , given them by god for a reward in heaven . not that bishops and priests alone , which were never slain nor martyred for christ , and none else but they must now wear white rochets and surplices , on earth . 2. these souls lay interred , crying to god from under the altar , to avenge their blood on them that dwell on the earth . therefore they are no presidents or warrant for bishops or priests to wear surplices or white rochets when they officiate at or upon their new erected altars , and dispence christs body and blood sacramentally to their people , in their cathedrals and parish churches . 3. these white robes were not material ones , made of lawn or linen by semstresses , nor bought with money ; but spiritual and heavenly , made , and freely given unto them by god himself : therefore bishops and priests who contend for material rochets and surplices from this text ; must now quite renounce them , and produce some better proof . 8. this they presume to do in the eighth place , from rev. 7. 9 , 13 , 14. cha . 15. 6. and cha . 19. 14. which i shall couple together to make the proof more strong . after this i beheld and a great multitude which no man could number of all nations , and kindreds , and people , and tongues stood before the throne , and before the lamb , cloathed with white robes , and palms in their hands . and cried with a loud voyce , salvation to our god which sitteth upon the throne , and unto the lamb , &c. and one of the elders answered saying unto me , what are these which are arraied in white robes ? and whence came they ? and i said unto him , sir , thou knowest : and he said unto me , these are they which came out of great tribulation , and have washed their robes , and made them white in the blood of the lamb ; therefore are they before the throne of god , and serve him day and night in his temple , &c. and the seven angels came out of the temple , having the seven plagues , cloathed in white , and having their breasts girded with golden girdles . and i saw heaven opened , and behold a white horse , and he that sate upon him was cloathed in a vesture dipt in blood , and his name is called , the word of god and the armies which were in heaven followed him upon white horses , cloathed in white linnen , fine and clean . ergo , bishops and priests , ought always to wear white rochets and vestments : in time of mass , sacraments , and divine service . can any wise men or fools either , forbear laughter at such a ridiculous conclusion from these premises , as durantus , walden with other papists , and some of our own prelates and ceremony-mongers deduce from them with great seriousness , but little candor and sobriety ? especially if they well consider , 1. that those arraied in white robes , rev. 7. 9 , 13 , 14. were not bishops , priests or ecclesiastical persons alone , or under any such capacity ; but a great number which no man could number , of all nations and kindreds , and people , and tongues . therefore if any proper consequence can be hence deduced in relation to white rochets or surplices , it is only this , that all sanctified , regenerate christians , saints , of what nations , kindred , people and tongues soever , ought to wear white rochets and surplices . secondly , all this innumerable multitude of all nations and people thus cloathed with white robes ; stood clad continually in them before the throne and lamb , serving god in them day and night , and never put them off , having no other vestments besides , vers . 15 , 16 , 17. therefore if this text be pressed home , in relation to bishops , priests , ministers , they ought always to wear their rochets and surplices day and night , but no vestment else , and never to put them off ; and always to stand before god in his temple day and night , as these saints did ; but never to sit in their thrones , stalls , pues , nor yet to kneel as they now usually do . thirdly , that bishops and priests ought always to have palms in their hands , as well as long white robes and rotchets on their backs in the temple , because all these white saints had so . fourthly , these saints white robes wherewith they were clad , were only spiritual , not corporal or material ; even their white and immaculate holiness by the washing away of their sins in the blood of christ ; as is evident by the text , these are they which came out of great tribulation , and have washed their robes , and made them white in the blood of the lamb , compared with rev. 1. 5. ephes. 5. 27 , 28. 5. the seven angels coming out of the temple cloathed in pure white linnen , had the seven plagues , and poured out the viols of gods wrath upon the earth : therefore if real bishops ( as our prelates pretend the angels of the seven churches were , ch . 2. 1 , 3. ) who went constantly clad in their white robes , as well out of the temple as in . it will be no great honor to them to be thus arrayed since they onely carried the plagues , and poured out the vials of gods wrath upon the earth , when thus arrayed . sixthly , if the last text be truly inforced , it will thence most properly be inferred , that bishops , priests and clergy-men should always ride and march about upon white horses , cloathed in clean and fine white linnen , not on black or bay horses , nor in black canonical coats , cassocks , cloaks , as now they usually do . 2. that they must march many together in troops and armies thus arrayed . 3. that all other christians following jesus christ ( the word of god ) should do the like , rather then that they should onely say mass , read common-prayers , preach , administer the sacraments in fine white linnen garments , rochets , surplesses , in their cathedral and parish churches , wherein they never use to ride on horses , but onely out of them . these are all the scriptures produced for the justification of the use , conveniency and decency of bishops rochets , and clergymens surplices ; which though alledged with very great gravity and seriousness , by those who pretend themselves the most reverend , learned fathers of the church , are most palpable abusers , and wretched perverters of gods sacred word , to countenance their own vain innovations and superstitions , as the premises demonstrate . to draw towards a conclusion of this discourse : i have oft times admired , that when most sorts of labourers , workmen , servants , set themselves to their occupations and work , they constantly cast off their outward wearing garments , and ordinary wearing cloathes , as impediments thereunto , that yet popes , bishops , deacons , ministers , when they are to officiate and labour in the work of their ministery , should put on far more garments on their backs , then they had on before , contrary to the apostles practice , and our saviours command , who bid them when he sent them forth to preach , mat. 10. 10. mark 6. 9. luke 9. 3. not to provide , or pvt on two coats apiece : which would hinder them in their ministery . we daily see watermen , when they intend to row and ply their oars , that carters , threshers , mowers , reapers , carpenters , masons , bricklayers , carriers , tanners , butchers , fullers , when they buckle themselves to their respective works ; footmen , when they travel or run a race ; yea , noblemen , gentlemen , and others , when they seriously set themselves to their very recreations in the tennis-court , or field , do usually strip themselves to their very shirts or wastecoats , that they may more vigorously pursue their work , callings and recreations . and why bishops , priests , deans , prebends , archdeacons , ministers , deacons , should not do the like when they are to discharge the work of their ministery ; but on the contrary , load themselves with cassocks , gowns , copes , surplices , rochets ; girdles , planets , palls , chymeres , pectoral crosses , hoods , caps , miters , crosiers , or three or four more vestments then they had on before , seems a riddle unto all who seriously consider it ; of which no other true , solid reason can be rendred , but that they intend to loiter , or do their work coldly , negligently , or by halves , rather then vigorously , zealously to pursue it . this experience it self sufficiently manifests to be the genuine reason ; for ever since popes , archbishops , bishops , deans , chapters , and other clergymen ( contrary to the apostles , primitive bishops , and ministers practice ) have loaded themselves with cassocks , gowns , copes , palls , rochets , miters , surplices , hoods , and other superfluous vestments , they have been very negligent and remiss in preaching , ( the principal work of their ministery ) in administring the sacraments , fasting and praying too , which they translate to their curates and choristers : yea , popes , patriarchs , archbishops , bishops , deans , prebends , who have greater honors , revenues , and more variety of vestments on their backs then other ministers , usually have been , & still are , less frequent , diligent , zealous , fervent , and more cold , frozen , slothful , in preaching , praying , and the work of the ministery , then the inferior clergy , and poorest curates ; it being a general observation , that poor countrey curates , lecturers , ministers , who have small pentions , benefices , and scarce money in their purses to buy a cassock , gown , hood , surplice , or canonical coat , do preach , fast , pray , read divine service , baptize , administer the lords supper , catechise , visit the sick more frequently in one year , then popes , archbishops , bishops , deans , canons , and other other rich pluralists in ten or twenty years space . it is a common observation , that the forehorse in the team , which carries all the plumes , bells , trappings , usually draws and works the ●east ; that sumpter horses , which carry kings , nobles , judges , prelates , commanders robes , vestments , when they travel , are more slow in their pace then hackny horses , which bear no such lumber ; that officers and souldiers who are most loaden with multiplicity of offensive and defensive arms , are slowest of all others in their march , and like david in sauls heavy armor : 1 sam. 17 , 38 , 39 , 40. yea , most unweldy unserviceable when they come to fight ; that the little creepers , not the great brass shining andirons , bear up all the wood , and heat of the fire : and is it not so with bishops & clergymen , the more rich , great , pompous they grow , the more pontificals , priests vestments they wear , the less spiritual work and service they perform ; yea , so sloathful are they ( for the most part ) in the work of the lord , wherein they should always abound ; that instead of sweating in the lords harvest , they put on double or treble the cloaths they had before , when they are to read , preach , pray , or administer the sacrament , to keep them from freezing , even when they are at their honest labour . god preserve his church from such cold and frozen , unzealous , lazy workmen , and send forth more painful laborers ( not so muffled up in variety of vestments ) into his vineyard and ha●vest , nothing more ( that either i know or have read ) can be objected for these surpl●and superfluous church vestments , but their pretended antiquity usage in the church . to which i answer , 1. that they were neither known to , nor used , nor prescribed by christ himself , the ancient of days , nor his by apostles , nor by the primitive christians , bishops , ministers , deacons , for above three hundred years after christ ; therefore they are all but modern novelties , in respect of apostolical , real , primitive antiquity ; and so rather to be decried , rejected as innovations , then approved for their pretended , not true antiquity , as well as other old popish reliques . 2. for their pretended decency , i have not only read many learned , discreet , consciencious , sober schollars treatises , censuring them as undecent as well as superfluous ; but heard some ladies , women , yea children , deride them as mear antick disguises . 3. if tertullians booke de palli● , on 2 tim. 4. 1● . may be umpire , a cloak will be more ancient , decent for a minister , bishop , christian , then a rochet or surpless . 4. antiquity is no plea at all in point of vestments , whose form , fashions , are always various and mutable with times and places ; whence the holy ghost himself useth this expression in sacred writ , as a vesture shalt thou change them , and they shall be changed , but thou art the same . * that english man or woman who should now take up or retain the garments and fashions used in the britans , saxons , danes , normans times ; or but in the reigns of king edward the third , fourth , fifth , sixth , henry the eighth , queen elizabeth , or king iames , would be reputed a cynick , fantastick , or fanatick ( especially at court ) and the very boys in the streets would shout at them . why then should not bishops and ministers rochets , surpl●ces , church vestments be as changeable as other mens garments , or their own ordinary wearing cloathes , which they all change with the times ? we know by experience , that all nations , manners , laws , governments , governors , customs , languages , are variable , yea changed with times and occasions ; that all things under the sun are subject to variation ; why not then these ecclesiastical vestments , about which there hath been formerly so many frequent and fierce contentions , for our churches and kingdoms peace ? our very humane bodies ( and bishops , ministers bodies too , as well as others ) are daily subject to alterations : from infancy to youth , from youth to manhood , from man hood to age , so to old age , from health to sickness ; and shall bishops or priests vestments onely be immutable ? though originally grounded on popes decrees ; instituted by them to adorn their exploded sacrifice of the mass , and altar-services , and founded upon strange perversions of sacred scriptures , or most absurd , ridiculous , monkish , fanatick reasons , mystical significations , crotchets , and the pretended transubstantiation of the bread and wine into christs natural body & blood , which all protestants cannot but disclaim . since therefore what the apostle concludes of meats , is likewise true of all these vestments : * but meat ( a rochet , surplice , hood , &c. ) commendeth us not to god ; for neither if we eat ( or wear them without scandal to others ) are we the better ; neither if we eat ( or wear them ) not , are we the worse : let all bishops , ministers , christians , upon the consideration of the premises , henceforth take up the same apostles resolution and inference from thence , recorded for their imitation : but take heed left this liberty ( or power ) of yours , become a stumbling block to those that are weak ; and through thy knowledge shall the weak brother perish , for whom christ dyed ? but when ye sin so against the brethren , and wound their weak consciences ( by using or imposing these garments on them , with rigor , against their wills and judgements ) ye sin against christ ; wherefore if meat ( much more then if wearing these pontifical , sacerdotal vestments ) offend , or make my brother to offend , i will eat no flesh ( much less wear or impose all or any of these church vestments ) whiles the world standeth , lest i make my brethren to offend . and seeing these old proverbs are most true , inserted into the canon law it self , * cucullus non facit monachum , non item isiacos linostola ; aut sacerdotes amictus linei : non cathedra sacerdotem facit , sed cathedram sacerdis ; nec locus seu vestis sanctificat hominem , sed locum & vestem homo . upon which considerations , the * fourth council of carthage , can. 15. & 45. decreed , vt episcopus vilem supellectilem , & mensam ac victum pauperem habeat , & dignitatis suae authoritatem , fidei & vitae meritis qvaerat , nec vestibvs nec calceamentis decorem qvaerat , ( which is since inserted by gratian into the body of the popes canon law , though he truly addes in his gloss , hoc hodie non tenet , quia modo habent amplas possessiones . ) i shall heartily , humbly , and importunately beseech all bishops , ministers , deacons and christians whatsoever in general , and all true members of the church of england in special , upon serious perusal of all the premises , from henceforth , not with the roman pontifical or durantus magno conatu nugas agere , as popes , popish prelates , priests , friers , and little children use to do ; nor yet to place the least holiness , piety , necessity , or indispensible expediency in the use or wearing of episcopal and sacerdotal vestments , in celebration of di●ine-service and sacraments ; nor any longer rigorously to impose , or unchristianly to contend about them , they being just like accidents in relation to the substance of gods worship & true religion , which may be as well absent as present , without destruction of , or prejudice to either ; but rather seriously to fix all their meditations upon those white windingsheets , wherein they shall all shortly be interred in their graves , stript naked of all those priestly rags , robes , vestments , about which they now overmuch contend ; and seriously to endeavour to put off those old filthy rags of sin , and put on all those spiritual garments , armour , graces , which the gospel it self in directs terms enjoyns them to put on , & that under pain of eternal damnation , in these ensuing texts ( wh●●ewith i shall conclude ) about which there wil● , 〈◊〉 can be no disputes , rom. 13. 12 , 13 , 14. let us theref●●e cast off the works of darkness , and put on the arm●●●● light : let us walk honestly , as in the day , not in 〈◊〉 and drunkenness , not in chambering and wantonness , not 〈◊〉 strife and envying ; but pvt ye on the lo●● iesvs christ , and make no provision for the 〈◊〉 , to fulfil the lusts thereof , ephes. 4 22 , 23 , 24. that ●e put off concerning the former conversation , the old man , which is corrupt , according to the deceitful lusts ; and be renewed in the spirit of your mindes ; and that ye put on the new man , which after god is created in righteousness , and true holiness . ephes. 6. 11 , &c. pvt on the whole armovr of god , that ye may be able to stand against the wiles of the devil : stand therefore , having your loins girt about with truth , and having on the breast-plate of righteousness , and your feet shod with the preparation of the gospel of peace ; above all , taking the shield of faith , wherewith ye shalll be able to quench all the fiery darts of the devtl : and take the helmet of salvation , and the sword of the spirit , which is the word of god : praying always , with all prayer and svpplication ( not with common or canon prayer alone , to which too many now consine themselves and others ) watching thereunto with all perseverance and supplication for all saints . col. 13. 12 , 13 , 14 , 15. pvt on therefore ( as the elect of god holy and beloved ) bowels of mercy , kindeness , humbleness of minde , meekness , long-suffering , forbearing one another , and forgiving one another , if any man have a complaint against any , even as christ forgave you , so also do ye : and above all these things , pvt on charity , which is the bond of perfectness , and let the peace of god rule in your hearts , to the which also ye called in one body , and be ye thankeful : let the word of christ dwell in you richly in all wisdom , teaching and admonishing one anothee in psalms and hymns , and spiricual songs , singing with grace in your hearts to the lord : and whatsoever ye do in word or deed , do all in the name of the lord iesus , giving thanks to god and the father through him . the putting on of all these evangelical , white sacred garments , the using of such church prayers and musick , in all cathedrals , collegiate and parochial churches , by our bishops , ministers , deacons , and others ; and the abandoning all papal , unevangelical , illegal , dadgerous oathes of canonical obedience from ministers to bishops , not warranted by law or gospel , thus censured , inhibited , by the whole second council of cavailon , under charls the great , about the year 112 ● cap. 12. dictum est de qui ejusdam fratubus , quod eos , quos ordinaturi sunt ivrare cogant , quod digni sint , & contra canones non sint factvri , et obediences sint episcopo , qvi eos ordinat , & ecclesiae , in qu● ordinantur : qvod ivramentvm , qvia pericvlosvm , o mnes vna inhibendvm statvimvs ; which are now vigorously enforced , against his majesties declaration , the petition of right , 3 caroli , to support these superfluous vestments and ceremonies , will throughly reconcile all disputing parties ; put a period to all future controversies concerning thepremises , and make us all the temples of the living god ; who will then say , i will dwell in them , ( walk in them ) and i will be their god , and they shall be my people . prov. 25. 2. the honour of kings is to search out a matter . 1 thes. 5 , 41 , 22. prove all things , hold fast that which is good , abstain from all appearance of evil . finis . errata . pr●y correct these errors and omissions at the press in some copies , p. 1. l. 15. read episcopal . p , 4. l 35. ●or this , r. their , p. 8. l. 15. shall be repeated glory , &c. l. 30. dele nor annexed , p. 13. l. 14. r. holy ghost , l. 20. r. to the , p. 17. l. 20. fo : thee , r. thus , l. 34. r. censures , p. 20. l. 5. for 〈◊〉 , r. is , p. 21. l. 18. r. ordain , p. 28. l. 38. for unanswerable , r unwarrantable , p. 31. l. 29. for 1. r. 5. p. 38. for ponter , r● pont. p. 15. for nor● yet , r. but onely , l. , 1. r. stile , l. 3● . r. august . p. 40. l. 1● . r. praxis , l 1. r. munda , p. 42. l. 5. r , a nos , p. 49. l. 6. r. collo . p. 53 l. 15. r. ea , l. 26. r. ecclesia , l. 33. r● monachales , p. 54. l. , 8 , for 98. r. 38. p. ● 56. l. 8. ●●cancelli , l. 14. 1. and that , p. 59. l. 31. for 23. r. 33. p. 68. l. 12. dele on , p. 71. l. 4. ● . revelanda , p. 79. l. 24. quo r. quod . in the margin , p. 2. l. 17. e. 3. r. e. 6. p. 3. l. 20. ad de centur. magd. ●● . ●0 . 13. cap. 6. p. 55. l. 8. r. 1940. an appendix to the fourth section , concerning the use of white , black , and other coloured garments , both by pagans , jews and christians , in feasts , funerals , plays , inaugurations , sacred duties , and their various mystical significations , excellency and dignity . because , i would pretermit nothing , which may either inform , or satisfie the learned readers of this pacifick examination , relating to the use of white vestments , both among pagans , iews and christians , upon several civil and religious occasions , grounds , reasons ; i thought fit ( by way of appendix ) to annex this ensuing learned discourse of ioannes gulielmus stuckius , tigurinw , concerning white garments , in his 2 d book , antiquitatum convivialium ; cap. 26. de vestitu conviviali ; de vestium albarum ( quae in epulis potissimum usurpari fuerunt solitae ) ac in genere coloris albi usu , significatione , praestantia ac dignitate : editio secunda , tiguri , 1597. f. 234. to 240. fraught with greatest variety of learning , of any treatise i have read concerning this subject . sequitur nunc tertia corporis ad epulas futuras praepaerandi actio , quae in vestitu consistit , &c. equidem ex veterum scriptorum monumentis faci●é colligi posse existimo , albi potissimùm coloris vestitum in conviviis usitatum fuisse , ita ut nigris vestibus accumbere apud gentes quasdam nephas duceretur : unde & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bachar , elegit nonnulli arbitrantur , compositum á 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 chor , candidum , quòd quae sunt candida , eligantur & approbentur . philo de vita theoretica testatur , judaeos olim dierum festorum convivia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , hoc est , albatos seu candidatos agitare fuisse solitos : ex quo illud : quovis tempore vestimenta tua candida sunt . huc quoque referendus ille mos judaeorum decimum quintum diem mensis ab celebrandi vestibus albis , atque choreis : de quo sic scriptum extat in tabanit fol. 26. p. 1. deci●a quinta mensis ab , id est , julii , filiae jerusalem egrediebantur in vestibus albis , quas qui non habebant , à ditioribus mut●ò sumebant , ne , cui vestes deerant , remorarentur , quò minus ad choreas venirent : omnes vestes lavabantur . filiae jerusalem egrediebantur , & choreas ducebant in vineis . quid ve●ò dicebant ? adolescens attolle oculos tuos , & vide quam tu velis eligere ex omnibus , ne respicias pul●●ritudinem , siquidem fallax est , at eam , quae deum timet , laudes . idem mos apud romanos quoque fuit . hinc horat. lib. 2. sat. ille repotia , natales , aliosve dierum . festos albatus celebret . de usu vestium candidarum in diebus festis apud romanos multa alia testimonia praeter horatii , extant apud auctores . xiphilinus , die celebri romae ob ingressum teridatis ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , id est , populus albatus , & laureatus . vopiscus in florian. tantùm illud dico : senatores omnes ea laetitia esse elatos , ut domibus suis omnes alb●s hostias caederent , albati sederent . persius : — negato iuppiter hoc illi , quamvis te albata rogaret . prudentius contra symmachum , exultare patres videas pulcherrima mundi luminae , conciliumque senum gestire catonum candidiore toga , nivium pietatis amictum sumere . et ovidius , vestibus intactis ( usu nondum sordidis , aut obsoletis ) tarpeias itur in arces : persius in re simili , et populus festo concolor ipse suo est . scilicet hoc populo pexusque tog aque recenti et natalitia tandem cum sardonyche albus se de leges celsa . idem satyr . 2. vo●a negato iuppiter haec illi , quamvis a'bata rogant . id est , vestibus albis amicta . cic. in leg. color albus p●aecipuè * deo decorus est , cùm in caeteris , tum maximè in textili . nec verò solùm in natalitiis , & repotiis , & nuptialibus aut sponsalibus , sed etiam in funebribus coenis hanc consuetudinem servatam fuisse , locuples testis est m. tullius in vatinium : ubi illi objicit , quòd coenaverit atratus : verba ejus haec sunt : atque illud etiam scire cupio , quo consilio , aut qua mente feceris , ut in epulo cn. arii familiaris mei cum toga pulla accumberes : quem unquam videris , quem audieris , quo exemplo , quo more feceris ? dices , supplicationes te ill●s non putasse . optime . nullae fuerint supplicationes , &c. quis unquam coenavit atratus ? ita enim illud epulum est funebrae , ut munus sit suneris , epulae quidem ipse dignitatis . sed omitto epulum , populi romani festum diem argento , veste , omni apparatu visendo : quis unquam in luctu domestico , quis in funeri familiari c●enavit cum toga pulla ? cu● de balneis exeunti ( en consuetudinem balneandi ante epulas ) praeter te , toga pulla unquam data est ? cum tot hominum millia accum●erent : cum ipse epusi dominus quintus acius albatus esset , tu in templum castoris te cum caio figulo atrato , caeterisque tuis suriis funestum intulisti . quis tum non ingemuit , &c. hunc tum morem ignorabas ? nunquam epulum vi●eras ? nunquam puer , aut adolescens inter coevos fueras ? fausti adoloscentis nobilissimi paulo ante ex epulo magnificentissimo famem illam veterem tuam non expleras ? quem accumbere atratum videras dominum cum toga pulla & ejus amicos ante convivium ? quae te tanta tenuit amentia , ut tu , nisi id fecisses , quod fas non suit , nisi violasses templum castoris , nomen epuli , oculos civium , morem veterum ( hinc constat morem hunc fuisse vetustum ) ejus qui te invitarat auctoritatem , parum putares testificatum esse , supplicationes ●e illas non pu●asse . ex gravi hac ciceronis invectiva satis constat , romanos veteres convivia iniisse albatos , ita ut nephas ducerent pullatum , seu atratum in convivio etiam funeb●i accumbere . idem color albus & japponiis adhuc hod●e in luctu est usi●atus . sidonius quoque apollina●is ad hunc albarum vestium in exequiis , epulisque exequi●libus usum alluoit lib. 5. epist. ad aumastum : nam libenter , inquit , incedunt armati adepulas , albati ad exequi●s , pelli●i ad ecclesias , pulla●i ad nuptias , castorinati ( cas●oriis pellibus induti ) ad laetanias . plutarchus testatur in problematis , foeminas antiquitus in luctu vestes , vittasque albas gestaffe ( qui hodie regina●um galliae lugentium mos est , teste polyd. virgil. ) & argis quoque teste socrate , albas vestes aqua elutas , in luctu gestare fuisse solitas . ibidem cadaver quoque desuncti albo tegmine involutum fuisse scribit . apud graecos , ut sc●ibit alex. ab . alex. lib. 3. cap. 7. sed sine auctore , foeminae , virique in candida veste cum coronis , amplissimi viti exequias prosequuntur , & veluti in luctu publico complorant promiscuè . quod fuit in more syracusanis , qui candido amictu velati , & fronte coronati , timoleonem extulere . sycionii similiter aratum in veste alba , & coronis sepulchro intulere . in imperatorum roman . funeribus , vestes albas adhibitas fuisse , plutarch . & herodian . testantur . colorem album antiquitus matronis in luctu fuisse usurpatum , scaliger quoque testatur lib. 1. poet. sic blondus quoque foroliviensis lib. 2. romae triumphantis , & urbinas ille , qui libros de inventoribus rerum scripsit , & alii non indocti viri , nulla temporum adhi●ita distinctione , in luctu antiquas mulieres , albas semper vestes usurpasse existimant . verum hos errare , & pullas , fus●as nigras seu atras ( quas anthracinas varro vocat , quasi dicas carbonarias ) antiquissimis temporibus fuisse ●●gentium vestes , hieron . magius lib. 3. miscell . cap. 14. veterum quorundam auctoritate probat . varro de vita patrum , ut apud nonium legitur , de muliere : propinquae , inquit , adolescentulae , etiam adolescentuli proximi a niculo nigello , capillo promisso sequuntur luctum . idem : ut dum supra terram èssent , ●icinis lugerent , sunere ipso pulli pallis amictae . erat autem ●icinum , ut nonius ait , quod sua aecate masurtium dicebatur , palliolum s●●mineum breve , cujus formam appingit ipsemet varro lib. 4. de lingua latina , apul. lib. 2. de asino aureo : umbrosum , inquit , demonstrat cubiculum , matronam slebilem , fusca veste contectam . eadem quoque apud graecos consuetudo fuisse videtur : siquidem iphigenia euripidis clitemnestrae matri in jungir , ne suam ob mortem crinem lan●et : idemque ut suis renunciet sororibus , scilicet ne quando nigris vestibus membra contegant . unde & hon. il. lib. 24. thetim futuram filii necem deflentem , velo nigro tectam jovem adire facit . niger enim color mortalis est , ut inquit hippocrat . in lib. de morbo sacro , sive quisquis ille fuit , qui librum illum conscripsit , quem galenus hippocratis esse negat . theoc. in epitaphio adonidis , venerem cyanea stola indutam , ad lugendum adonidis mortem invitar . nigrarum vestium mos apud mulieres romanos mox obsolevit , ut plutarchi testimonio intelligitur . deinde moribus depravatis , & viros albas vestes in luctu usurpasse , colligere possumus ex his julii pauli verbis lib. 1. sententiarum , sub titulo de sepulchris & lugendis . qui luget , inquit , abstinere debet à conviviis & alba veste . livius scribit , in luctu matronas romanas nihil aliud quàm purputam autumque deponere , quae , cùm eluxerun● , re●umunt . dionys. halicar . l. 5. refert , romanas matron●s valerium publicolam brutumque luxisse annuum tempus , depositione auti & purpurae , ut est illis luctus consuetudo in necessariorum cognatorumque funebribus . alex. ab alex . l. 5. cap. 18. sc●ibit diebus natalitiis & calendis januariis , nonnunquam ludis roman . albas lacernas praetextasque indutos incedere , & ludos spectare fuisse solitos . nam in veste pulla ludis interesse augustus prohibuit . alexander severus , teste lampridio , cùm natalem diem commendaret , hostia cruenta effugit , & ut se civiliter gerebar , ac permixtus populo erat , albam ejus vestem , cum qua constiterat , cruentavit . lacernis candidis usos fuisse romanos in spectaculis , ex illis martialis carminibus constat , quibus ille perstringit horatium , qui nigra lacerna spectaculis interfuerat , spectabat modo solus inter omnes nigris munus horatius lacernis , cùn plebs , & minor ordo maximusque sancto cum duce candidus sederet toto vix cecidet repente caelo albis spectat horatius lacernis . augustus , teste suetonio , habitum vestitumque pristinum reducendi studiosus , visa quondam pro concione pullatorum turba ; indignabundus & clamitans ait : en romanos rerum dominos , gentemque togatam . negotium aedilibus dedit , ne quem posthac paterentur in foro circóve , nisi positis lacernis , togatum consistere . item , s●nxitque ne quis pullatorum media cavea ( theatrali consessu , ubi populus spectavit ) sederet . de lacerna candida amphitheatrali , vide plura apud lazium li. 8. c. 10. com. reip. plutarch . in aemilio de triumpho p. aemilii verba faciens , dicit : omnes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , id est , albis vestibus indutos ) ludos spectasse . fuit candidarum vestium alius quoque apud romanos frequens usus , tales enim erant vestes castrenses , sacerdotales , atque muliebres . de castrensibus trebellius pollio in galeno sic scribit : jam primum inter togatos patres & equestrem ordinem , albatos milites ( albis vestibus indutos ) & omni populo praeeunte . sic candidatos milites vegetius rei militaris vocat principales , qui privilegiis muniuntur . vestimenta sacerdotalia similiter linea fuerunt & alba preriosa , nullo infecta colore , pura . virgil. 12 aeneid . procedunt castris , pur aque in veste sacerdos ovid. nunc dea linigera colitur celeberrima turba . juvenal . cum grege linigero circundatur , & grege calvo . martial . linigeri fugiunt calvi , sistrataque turba . sic flamen , ut varro tradit , cùm jovi sacra ferebat , totus albatus erat , & pileum etiam gestabat album . item virgines vestales suffibulo amictae sacrificabant . fuit verò suffibulum vestimentum album praetextum , quadratum , oblongum , quod illae in capite habentes sacrificabant , idque sub mento sibula comprehendi solebat , unde nomen , pierius lib. 40. hieroglyph . de calceamentis sacerdotum romanorum , atheniensium , & alexandrinorum candidis , vide lazium lib. 8. cap. 13. com. reipu . rom. talis aegyptiorum quoque sacerdotum vestitus fuit , de quo herod . sic scribit : sacredotes linea ferunt vestimenta induti , semper recens abluta , huic rei semper vacantes . iidem calceos papyraceos gestabant . plin● testatur li. 19. vestes sacerdotibus aegyptiis lineas gratissimas esse eo genere lini , quod gosypon & xylon vocant , unde dicta xylina , quibus nulla sunt candore mollitieve praeferenda . apuleius caeremonias aegyptiorum explicans , influunt , inquit , turbae sacris divinis initiatae , viri foeminaeque omnis dignitatis , lineae vestis candore puro luminosi . ab hac veste linea poetae linigeros vocant sacerdotes isidis deae aegyptiorum . pierius tamen , nescio quo aucto re , sacer dotes , inquit , aegyptii contra nostrorum mores cum supplicabant , nigris utebantur vestibus , neque alias quàm nigras vestes eum decere arbitrabantur , qui diis preces allegaret : quippe ut forma ipsum supplicare confirmarent , ex qua mortales conformati sumus . ea autem apud ipsos nigra figurabatur . de aegyptiorum sacerdotum calvorum vestitu atque habitu candido , vide plura apud apuleium libro secundo & undecimo . poteris hunc habitum , ut beroaldus facit , cum habitu sacerdotum nostri temporis conferre . de vestibus religiosis , & sacerdotalibus judaeorum , vide beroaldum in suetonio ex hieronymo . muliebria quoque vestimenta linea atque alba romanis fuerunt probata , ut testatur lazius libro octavo commentariorum capite primo . unde proverbium : linum candidum lucri causa ducio , in eum qui dotis causa ducit vel deformem , vel anum . linum autem vocat uxorem , vel quòd apud veteres solae mulieres lineis uterentur , &c. erasmus in adagiis . turnebus in suis advers . in illum horatii versum : mirator cunni cupennius albi : ex pudenda , inquit , parte mulierem intel●igit , ex albo ingenuam : in ingenuis autem stupra legibus vindicabantur , non item in libertinis . ingenuae autem mulieres albatae erant , libertinae atratae , nobiliores purpuratae . unde artemidorus : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : sic enim conijcit , somnia illa & visa artimidorus , quòd his essent solitae uti vestibus ingenuae , libertinae , & nobiles . praeterea vestis candida apud eosdem manumissionis quoque insigne fuit . moris enim erat romae , ut servi facti liberti candidati ad coenam domini sui admitterentur . hoc perspicuè docet tertullianus libro de resurrectione carnis , his verbis : oro te , si famulum tuum libertate mutaveris , quia eadem caro , atque anima permanebunt , quae flagellis , & compedibus , & stigmatibus obnoxiae retrò fuerant : idcrico ne illa eadem pati oportebit ? non opinor . atque & * vestis albae nitore , & aurei annuli honore , & patroni nomine , ac tri●u , mensque honoratur . adhaec candida vestis signum erat petitionis honorum atque magistratuum , quorum petitores candida toga induebantur , ac proinde dicebantur candidati , unde ambitio cretata eleganter à persio dicta est . hoc autem ideò factitatum esse plutarchus in problem . existimat , ut magistratu dignos non genere , non divitiis , non gloria , sed vulneribus , & cicatricibus judicarent , quae ut ab his conspicerentur , quos ambiendo preusabant , in toga candida ad petendum descendebant : vel quia corpus nudando , ac seipsos submittendo populum captabant . de toga pura , qua tyrones , novaeque nuptae induebantur , sup●à dictum est : de qua c●elius libro decimo quarto , capite decimo sexto , quibus adde , quae calcagninus annotat . pura toga , inquit , quam exeuntes pueritiam adolescentes induebant non sine parentum hilaritate , fuit colore vel simplici , vel candido , aut in candoris animi testimonium , aut quòd gerendis magistratibus jam idonea aetas videretur . candidati enim magistratuum competitores comitia inibant . vel certè , quod nondum quicquam descriptione dignum gesserint . nam sic & tyronibus prima stipendia facientibus , alba parma , & pura hasta tradetur . de hac pura veste , vide plura apud bayff . de re vestiaria , ubi probat , vestem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , id est , puram , pro candida à plutarcho usurpari . sic album vicissim , pro puro usurpatur ; quia hic color est purissimus . sic lintea vestis alba suprà caeteras vestes inducta , puellaris aetatis indicium fuit , quod eo genere amiculi apud veteres puellae ante duodecimum annum utebantur , pierius . toga , ut inquit isidorus , candida , eademque cretata , in qua candidati , id est , magistratum petentes , ambiebant , addita creta , quò candidior , insigniorque esset . pers●us hue alludens : — quem ducit hiantem cretata ambitio , &c. quae autem essent artes petitoriae ( cicero munus candidatorium dixit pro officio & labore petitionis , ) hoc est , candidatorum , docet mamertius in panegyr . his verbis : quis ignorat tunc quoque , cum honores populi romani suffragiis mandabantur , multos fuisse candidatorum labores ? * ediscenda omnia nomina tribulium , homines singuli salutandi , prehensandae obviorum manus , omnibus arridendum , multaque alia propter honorem a●ipiscendum agenda , quae alias virum honore dignum facere non deceret . hinc caesaris five principis candidatus , proverbium de eo , qui inani quadam confidentia & securitate nixus , negligentius munus aliquod obit , de quo multa caelius libro decimo quarto , capite decimo sexto . de iisdem cicero in oratione , cui titulus est , in toga candida , quam dixit in senatu in petitione consulatus , ( hujus orationis meminit beroaldus in suetonium , & caelius libro decimo quarto , cap. decimo sexto ) olimtribuni legem promulgarunt , ne cui album vestimentum ( sic ille togam candidam appellat ) addere petitionis causa liceret , sicuti tradit livius in 4. ab urbe condita . pierius tamen in hieroglyph . suis lib. 40. albam vestem modestiae , animique sua sorte contenti signum esse dicit : purpuram autem ambitionis , animique sublimis , & vasti , amplitudinis , summique magistratus . hinc cum apud alexandrum quidam antipatri parsimoniam , atque modes●iam commendaret : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , inquit , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . cael. lib. 9. cap. 7. id est , foris albo utitur pallio , intus ve ò totus est purpureus , fictam notans in homine ambitiosissimo , qui maxima quaeque appeteret , modestiam . sic paries dealbatus ; act. 23. & se pulchra dealbata , matth. 23. hypocritae appellantur . haec ille . talesprofecto erant * romani illi candidati , qui candida veste animi candorem atque modestiam , innocentiam prae se praeferebant , cùm animi illorum essent purpurei , id est , ambitiosi atque sanguinolenti . purpuram autem romanorum quoque magistratuum insigne illud martialis indicat : divisit nostras purpura vestra togas . et ab eodem purpura usurpatur pro magistratibus , purpura te foelix , te col●t omnis honos . plin 20. de gallis , ut plane dignè aliti honoris tantum praebeat romana purpura , id est , magistratus romanus . hinc perfidi quoque judaei christum per ludibrium 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , id est , purpura , ut marcus , inquit , sive , ut joannes loquitur , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , id est , veste purpurea induerunt , cum ille sibi verè , illorum autem opinione falso , regiam dignitatem assignaret . fuit simul sanguinis illius effundendi symbolum . eam vestem clamidem coccinam matthaeus appellat . coccina tunica praelii ●uturi signum f●it romanorum imperatoribus , teste plutarcho in fa●io . sic quoque vestis christi coccina , ●uit signum praelii , quo christus cum di●bolo , morte atque peccato erat dimicaturus . fuit etiam vestis purpurea , vestis triumphalis , ut bayffius ex plutarcho probat . fuit ergo illius simul futurae victoriae atque triumphi symbolum . purpurae appellatione coccum non contineri b●yssius ex ulpione probat , unde evangelistae videntur à se in vicem dissidere , quorum unus , matthaeus nimirum coccinam , reliqui duo purpuream illam christi vestem fuisse assirmant , quam rem sorbonicis theologis dijudicandum relinquit . vestem purpuream à coccina differre brodaeus probat , lib. 1. miscell . cap. 8. coccos enim , inquit ille , est surculosus parvus frutex , cui grana seu lentes adjacent , teste dioscorid . lib. 4. & clusio de plantis hispanicis . his colorem coccineum fieri , eoque infecta vestimenta coccinea appellari puto . purpura autem , ut fatentur omnes , piscis est è concharum genere , qui florem illum tingendus ex petitum vestibus in meoiis habet faucibus . mihi quidem matthaeus colorem ( est enim coccineus color idem fere cum purpureo ) reliqui duo materiam videntur expressisse , ut etiam rondeletius sentit in sua his●oria piscium . candidati autem eleganter dicuntur petitores non solum magistratuum , sed aliarum quoque rerum . sic à quintil. candidatus eloquentiae , à plinio in panegytico candidatus gloriae , & immortalitatis : ab hieronymo candidati fidei , catechumeni , qui ad fidem instruuntur , & munerarius pa●perum , & egentium candidatus : & ab apuleio lib. 1. de asino , candidatus 〈◊〉 , hoc est , qui crucem petit , sive qui jam est futurus crucifixus , & ( ut veteres loquebantur ) directus , ut c. rabirius ille pro quo cicero . extat oratio : à plauto cruci salus dicitur , quasi in crucem saliens : & libertus icelus à suetonio , summus equestris ordinis candidatus : à seneca homo multarum rerum candidatus appellatur , à quo fortunae comitia dicuntur . sic à tertulliano simili translatione perelegantissime , aeternitatis candidati appellantur enoch , & elias , libro de resurrectione carnis , & candidatus timoris , qui paulatim timorem domini imbibit , libro secundo ad uxorem , & candidati diaboli dicuntur , qui idolatricis sacris sunt initi●i , libro adversus marcionem . idem in libro de baptismo , baptismum poenitentiae , quasi candidatum remissionis & sanctificationis in christo subsecutura vocat . nam quod praedicabat ( scilicet joannes baptista ) baptismum poenirentiae in remissionem delictorum , in futuram remissionem enunciatum est . siquidem poenitentia antecedit , remissio subsequi●ur . ab eodem libro de corona candida salutis & candida martyrii eleganter pro aeternae salutis p●aemio usurpatur . item de s. paulo verba faciens , dicit illum gloriam carnis , notam circumcisionis , pharilaeae candidae dignatem , pro detrimento sibi deputasse : ubi candida metonymi●●s pro ordine , sive honore videtur usurpari : vel forsan pharisaei hypocritae , qui à christo dealbatis sepulchris comparantur , vestes albas seu candidas gestarunt . verum de vestitu romanorum albo , plura tradit j●stus lipsius elect. lib. 1. cap. 13. lectu dignissima , quorum haec est summa : romanis in vestitu placuisse colorem album , sive quod is , ut plato vult , lae●itiae sit proprius : sive potius quiaagrestis illa & prima gens , spretis accersitis coloribus , lanae nativum retinuit , id est , album . ita toga romanorum alba & tunica fuit , & calcei & omnis cottidiana vestis . togam albam fuisse , quam graeci 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , & ad discrimen praetextae , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vocant , titinnii , plauti , statii , persii , martialis testimoniis probat . at objiciat quis : si toga vulgo alba , cur , qui prensabant , induebantur toga candida , ut hac quasi nota intelligi & excerni possent à reliqua plebe ? respondet , albi coloris togas vulgo fuisse , non candidi . albus color nativus lana est : candidus proprie splendens ille , & qui est ab arte . ideo polybius aliquot locis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dictam maluit petitorum togam , quam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : & latine commode splendentem dixerimus . nam petitores non contenti insito lanae colore , cretam addebant in vestem , ut splendesceret . unde isidorus , fit toga addito quodam cretae genere candidior . objiciunt item de diebus festis , romani inquiunt , saltem per dies festos in veste alba erant . non ergo cottidianas vestes censendum albas . respondet , non aliud fuisse in eo more , quam ut per dies privatim aut publice laetos , togas recentes sumerent , & usu nondum sordidas aut obsoletas , qui mos plane gemmus est moribus nostris . nec ve●o romani solùm in laetitia aut in sacris adhihebant hunc colorem , sed etiam externi , id quod de rhodiis livii testimonio probat , & de aegyptiis suetonii in vita augusti . propter has togas albas fullonum apud veteres creberrimus usus , rarior tinctorum . fullonum , qui maculas scilicet & sordes è toga e●uebant , & addiro furfure ac creta iterum candidam faciebant . alba igitur toga , & ea quamdiu in communi usu , discrimen nullum inter cives fuit à colore vestis , nisi quod divites , munduli elegantes semper in toga sua è fullone nivea : vulgus fere sordidiores essent , & togis magis pallentibus , ac , ut proprie dicam , obsoletis . ideo seneca epist. 115. per sordidos intelligit vulgum . mirari , inquit , non debes , corrupta excipi non tantum à corona , sed ab hac turba quoque cultiore . togis enim inter se isti , non judiciis dissident . sed & vi●i illustres ac nobiles rei facti , per dies judicii sumebant hanc togam sordidam , posita nivea , ut miserabiliores essent in veste plebeia . iraque rei in sordibus esse dicuntur aut sordidati : non pullati , ne quis erret , qui color rantum , funebris . vi●i etiam graves ac rigidi non amabant eximium illum candorem . unde simia ille apud horatium , exiguaque toga simulat tesquore catonem . duo enim lauti homines amabant in toga laxitatem & candorem : spre verat ut●umque cato , arcta toga contentus & ea squallenti : id enim horat. tesquorem vocat , pro quò malè vulgò legunt textorem . postea mutata republ. & labente imperio , toga quae olim necessaria civibus , imperatorum temporibus , ad paucos remansit & non nisi honestiores . vulgus spreta ea , abiit ad paenulas , lacern as aut tunicas solas easque colore pullo , id quod statim sub augusto coepit . de paenulis , tunicis , lacernis , vide ibidem plura . pereunte toga , interiit color albus , & pullo plebeio omnes vestes , hinc discrimen natum inter cives , ignotum seculo priori , ut alii candidati dicerentur , pullati alii . candidati non ii , qui peterent ( ut olim ) sed honestioris ordinis cives . pullati , infima plebs sive vulgus . porro naucratitas quoque testis est athen. lib. 4. in genethliis vestae prytanitidis in pryaeneo epulantes , nec non in dionysiacis & panegyri comaei apollinis albis vestibus usos fuisse , quas suo quoque tempore prytanicas vestes dicit fuisse appellatas . cereris quoque initiatos candidis , ut bellonae nigris , & saturni purpureis atque rubicundis vestibus indutos fuisse , tertull. testatur lib. de pallio , his verbis : cur istas non spectas ? vel illos item , qui novitate vestitus religionem mentiuntur , cum ob cultum omnia candidatum & ob notam vittae & privilegium galeri , cereri initiantur ; cum ob diversam affectionem tenebricae vestis & tetrici super caput velleris in bellonae montes suga●tur : cum latioris purpurae ambitio , & galatici ruboris superjectio , saturnum commendat : cum ipsum hoc pallium morosius ordinatum , & crepidae graecatae graecatim aesculapio adulantur . alexand . ab alexand. lib. 6. cap. 19. romanos scri●it in toga candida ludos spectare solitos fuisse , & mulieres in veste alba cereris sacrum facere solitas fuisse , ut tunc diis gratum esse censerent , si à laetis , nec funere pollutis celebraretur . et tamen , ut testis est pierius in hieroglyph . apud arcadas cere●i nigra vestis induebatur . sic falacralis flamen , teste pierio , nigro utebatur ●ileo : erat enim plutonis , cui cum immolabant vestibus utebantur nigtis , quem colorem aiunt diis inferis dedicatum . ex his , quae adhuc dicta sunt , constat , vestes candidas apud naucratitas , & praecipue apud romanos , non solum in conviviis , verum etiam in sacris , in magistratuum petitione , in manumissionibus , in militia , in spectaculis , in triumphis , in nuptiis : in luctu quoque & cada veribus involvendis adhibitas & usurpatas fuisse . ac omnino vestes albas sive candidas , in sacris pariter atque prophanis literis vehementer commendari constat , ceu insignia atque symbola , cum virtutum , ut modestiae , puritatis morum , innocentiae , synceritatis , at que integritatis : tum faelicitatis , beatitudinis , victoriae , libertatis , laetitiae atque gaudii . hinc prae●er supra commemorata exempla , magi in perside , teste pierio , deum ipsum non nisi albis vestibus delectari assirmabant . et plutarchus problemate romanorum vigesimo sexto m●gos adversus plutonem , & tenebras , lucido & illustri amictu se munivisse scribit● in somniis quoque candidae vestis somnium pro felici augurio habetur . in sacris literis , angeli semper candidati appa●uerunt : id quod illorum cum innocentiae , tum beatitudinis est argumentum . sic , ut ex plurimis , unum proferam , gloriosae christi resurrectionis , quae diaboli , mortis , atque peccati victrix extitit , primi testes atque p●aecones fue●unt angeli , albis vestibus induti atque ornati . ejus rei testes sunt matthaeus vigesimo oct●vo , qui 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 illius nivis instar 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fuisse dicit : marcidecimo sexto , qui illum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , id est , stolac andida amictum fuisse perhibet . et joannis vigesimo , qui duorum angelorum mentionem faciens , illos 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , id est , candidis vestibus indutos fuisse testatur . christus ipse in monte thabor 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , vestituto candido , instar lucis , sive nivis , sese discipulis suis conspiciendum p●aebuit , qui cum puritatis , tum victoriae , atque beatitu●inis ae●ernae fuit symbolum . sic apocalypseos capite primo christus candidatus joanni apparuit : vestitus , inquit , erat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 scilicet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , vestem talarem , sive ad talosusque demissam . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 suida , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , tunica ad pedes usque demissa . eucherio est sacerdotalis vestis lintea corpori penitus adstricta , eademque talaris , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 appellata , quae & subucula dicitur . per hanc , teste pierio in hieroglyphicis , quae aliis subjiciebatur , doctrinam sacratiorem intelligi , veteres theologi tradiderunt . exodi : et fecerunt vestimentum poderem sub umbone , opus textile , totum hyacinthinum . sequitur apud joannem : caput autem ejus , & capilli erant candidi velut lana alba , & tanquam nix . hic candidus , niveusque christi habitus sive vestitus , est indumentum illud salutis & justitiae , quo ut isaiae sexagesimo primo dicitur , sponsam , id est , ecclesiam suam vestit , tegit atque ornat : e●que suam imputando justitiam , & fanctitatem , facit ut illa quoque alba & candidi , id est , justa coram deo appareat , sine ruga & macula , ephesiorum primo : secundum illud isaiae primo . si peccata vestra , &c. huc quoque facit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , vestis splendida , seu , ut vulgatus interpres vertit , alba , qua christus per ludibrium ab herode fuit indutus . illa enim revera argumentum fuit christi innocentiae & regiae dignitatis , luc. 23 forsan , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 id est , pura vestis à plutar. pro alba usurpatur , sicut bayf●ius testimoniis quibusdam probat : sic 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vocabulum eodem modo usurpatur , nisi malimus p●rpuream vestem intelligere , eujusmodi veste à judaeis per ludibrium fuit amictus . apoc. 3. laodicensi ecclesiae deus suadet , ut vestimentis albis sese induat , ut non appareat dedecus nuditatis ejus , hoc est , ut christum vera fide induat , vitae morumque candori , & synceritate studeat . et ab intio ejusdem capitis : sardenses ecclesiae nonnulli esse dicuntu● , qui non inquinaverant vestimenta sua , & additur : et ambulabunt mecum in albis , qui digni sunt . qui vicerit , sic vestietur vestimentis albis , & non delebo nomen ejus de libro vitae . en hic quoque candida , insigne est victoriae , coelestis gloriae & felicitatis . et capite ejusdem lib. 6. martyribus dantur stolae al●ae , ceu insignia illorum victoriae , libertatis atque beatitudinis . ab initio ejusdem cap. equus albus inducitur , & eques seu insessor ejus arcu , ac sagittis armatus , & corona insignitus ceu victor . equus ille albus , ( cujusmodi erant quatuor illi equi candidi apud rom. triumphalem cutrum ducentes ) ut & corona , insignia sunt victoriae , qua christus de omnibus hostibus suis potitur . sic equi albi apud virgilium cum belli tum victoriae sunt insignia . sic enim anchises loquitur aeneid . 3. quattuor hic primum omen equos in gramine vidi tondentes campum latè , candore nivali . hoc a●chises interpretatur de bello , bello armantur equi , bellum haec armenta minantur . sed paulò post , pacem candidam significare ( spes est pacis ) ait . latenter ostendit victoriam adepturos , ut servius annotat . huc facit illud graecum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hinc quoque natum est proverbium illud , equis albis praecedere : & plautinum illud , nunquam aedipol albis quadrigis indipiscet postea , de quo erasmus in adag . sic equi illi albi , zach. 6. hieron . interprete , machabaeorum sub antiocho rege victoriam : aliis judaeorum felicem statum sub macedonibus : aliis bonos angelos significat . virg. tamen georg. 3. album equi colorem deterrimum facit : — color deterrimus albis . servius , atqui alibi ait : qui candore nives anteirent , sed aliud est candidum esse , id est , quadam nitenti luce perfusum , aliud album , quod pallori constat esse vicinum . iudic. 5. v. 10. asinarum candidarum fit mentio in illo deborae epinicio : qui ascenditis asinas candidas : omnes ferè interpretes mercatores intelligunt , alii pingues , vel forsan quia asinae candidae erant meliores , robustiores , agiliores . apocalyp . quoque 7. electi omnium gentium innumerabiles coram throno coelesti & agno stantes , inducuntur amicti stolis candidis & ferentes palmas in manibus suis deum laudibus celebrantes . et pausò post , hi sunt , qui venerunt ex afflictione magna & dilata verunt stolas suas & dealbaverunt eas ( hoc 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 videtur mundo atque rationi ) per sanguinem agni . hae quoque stolae candidae martyrum & electorum symbola sunt illorum munditiei , jusutiae , libertatis , victoriae , gloriae , beatitudinis denique , quam agni illius immaculati , hocest , christi sanguine fuerunt consecuti . hujus vestitus typus & figura fuit vestis aspersa sanguine hostiae , de qua levit. 16. huc quoque referenda illa tertulliani lib. 4. adversus marcionem : nazaraeus vocari habebat secundum propheriam christi creatoris . unde & ipso nomine nos judaei nazaraenos appellant per eum . nam & sumus , de quibus scriptum est . nazaraei exalbati sunt super nivem . quī scilicet ret●ò luridati delinquentiae maculis & nigrati ignorantiae tenebris . regius ille concionator capite nono sui libri , dum morum candorem & animi puritatem persuadere vult , omni tempore , inquit , sint vestimenta tua candida : qui●us verbis , interprete pierio in hieroglyph . praecipit , nullam aetatem , nullum officium , nullum otium & negotium toto vitae tempore synceritate & innocentia ( cujus symbola sunt vestimenta candida ) vacuum esse debere . haec ille . sic hieronymus in suis eccles. commentariis interpretatu● : h●beto corpus mundum , & esto misericors . mihi quidem hoc ipso in loco solomon simul videtur alludere ad convivialem vestitum , quem apud judaeos quoque ( ut ex philonis loco sup●à citato videtur colligi posse ) album fuisse veri●imile est . nam & versu proximè antecedente 7. panem cum gaudio comedendum , vinumque hilari corde bibendum esse p●aecipit : & mox versu 8. vestium albarum mentione facta , subjungit , oleum super caput tuum ne desiciat : cujus quidem in conviviis quantus usus suerit , tum dictum est , tum pluribus dicetur . omnino ergo cum vers . 7. praecepisset in epulis atque● conviviis laetitiae esse indulgendum , mox ver . 8. sequente , duo laetitiae illius convivialis quasi signa seu causas effectrices subj●●gir , vestes nimirum albas atque oleum : quorum utrumque cum laetitiae partim significandae , partim e●●iciendae maximam vim habeat , in conviviis adhibitum & usurpatum fuisse legimus , uti supra dictum est . simplex ergo sensus erir , sis semper laetus & hilatis : lamè vivito , genio indulge . sisinnius novitianorum episcopus homomollis & delicatus cum & bis in die lavaretur & candida semper veste uteretur , & obid reprehensus esset a quodam , excusavit se cum hoc loco ecclesiastis , tum christi , heliae & mosis exemplo , quos vestibus albis usos suisse dicebat . testis est socrat. lib. 6. cap. 22. hieron . lib. 2. epist. 14. vestes pullas aeque devita , ut candidas . ornatus & sordes pari modo fugienda : quia altetum delicias , alterum gloriam redolet . cum ergo vestes albae non in prophanis solum , verumetiam sactis literarum monumentis tantopere commendentur , ceu maximarum & pulcherrimatum rerum symbola & insignia , mirum profecto non est , christianos primitivae ecclesae easdem in sacris atque sacramentis suis usu●passe . ut igitur apud romanos , sicuti dictum est , magistratuum atque honorum petitores erant candidati , sic in primitiva ecclesia baptismi candidati ( qui etiam competentes vulgò suerunt appellati ) cùm quadragesimae initio nomina sua dedissent , & toto illo quadraginta dietum spacio atris vestibus , promisso capillo , in sordibus & squallore jacuissent , pau●ò ante pascha lavabantur ( quod augustinus epist. 118. ad januarium baptismum antebaptismum vocat ) tandemque loti candidisque induti vessibus , ad baptismum accedebent . idem infantum quoque baptizandorum habitus fuit , de quibus elegante pontius paulinus . inde parens sacro ducit de fonte sacerdos . infantes niveos corpore , corde , habitu . ( quos tamen versus pierius fortunato tribuit ) et lactantius in carmine de resurrectione dominica : rex sacer ecce tui radiat pars magna trophaei cum puras animas sacra lavacra beant . candidus egreditur nitidis exercitus undis , a●que vetus v●tium purgat in amne . nov● , fulgentes animas vestis quoq , candida signat , et grege de niveo gaudia pastor habet . meminit etiam socrates lib. 7. cap. 17. candidae hujus vestis , quae dabatur baptizatis . loti semel salutifero fonte , nunquam stolam candidissimam , quam suscipiunt in bap●tismate , inquinate docentur . rabanus mautus moguninus episcopus l. de instir . cler . 1. c. 29. post baptismum traditut christiano candida 〈◊〉 , designans puritatem & innocentiam . nazianzenus ●n orat . de sancto lavacro , illud dicit à christiauis va●●is nominibus appellari , nimirum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , et paulò post , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , id est ceu turpitudinis tegumentum . hinc ammonius monachus lib. 3. de gestis francorum mentionem facit pueri occisi , qui adhuc , ut ille loquitur , erat in albis regenerationis , hoc est , qui recens erat baptizatus , nondum baptismalibus illis atque candidis vestibus exutus . nam qui baptizabantur in vigila paschatis incedebant veste candida induti per octo dies , ac vocabantur albati , sive in al●is , atque octavo demum die vestem albani deponebant : quibus adde , quòd ut tertull docet , lib. de corona milites , ex en die , qua erant baptizati , lavacro quotidiano per totam hebdomadam abstinebant . et quoniam paschatis hebdomada , antiquitus plures unà tingi consueverunt , ea de causa feriae illae , quae ad hoc omnes institutae sunt , & quae subsequitu● hebdomada atque dominica quam nos , quasimodo geniti nominamus , in albis fuit appellata . vestis haec candida in baptismo symbolum erat cùm ipsius christi , quem electi fide induunt , secundum paulum eph. 4. col. 3. tum illius munerum , hoc est , justitiae , vitae puritatis & innocentiae , ( tertull. hoc indumentum spiritus sanctus vocat lib. de pudicitia libertatis , victoriae gloriae , immortalitatis , quam ex aqua & spiritu regenerati consequuntur , de quo pluribus disserit ambrosius in lib. de iis , qui initiantu● mysteriis cap. 7. ut ergo olim apud romanos candida vestis qua servi à dominis decorabantur , erat insigne illorum manumissionis : sic candida illa baptismi vestis signum erat illos ex manibus diaboli atque peccati immanissimis esse liberatos , ut posthac deo ceu patrono suo fidelissimo , servirent vitae puritate ac sanctitate . praeterea , cùm candidus color olim victoriae & triumpho fuerit consecratus , candida haec vestis illos monebar , ut cogitarent sibi in hac vita ceu in militia perpe●●ò esse cum diabolo , peccato atque mundo dimicandum in christo & vincendum : jam verò in coenae quoque dominicae administratione album vestitum antiquitus adhibitum fuisse , exillis hieronymi verbis videtur colligi posse libr. contra pelagianos , quae sunt , rogo inimicitiae , inquit , contra deum , si episcopus prsbyter & diaconus & reliquus ordo ecclesiassicus in administratione sacrificiorum candida veste processerint . verisimile est cùm eos , qui sacrosancti illius epuli communione f●uebantur : tum ejus administratores , hoc est , sacerdotes atque diaconos albas vestes gestasse . harum autem vestium antiquarum vestigia sunt tunicae illae , quas choro & albis vulgò nominant , in quibus missa paschatis tempore celebratur . sic nos vestitum quidem veterum candidum retinemus , & imitamur : at religionis , morumque candorem integritatemque jam pridem amisimus : contrà verò 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 u● ludas in sua epistola loquitur , hoc est , tunicam carnis contactu maculatam gestamus . caete●ùm notandum est , vestes albas esse duplices : alias , quae nativo colore constant , qui leucopus ●icitur : alias , quae artificiali , quas volunt propr●è candidas dici . leucopeati dicuntur martiali , qui rudiori alba veste , ac vili , ac nativi coloris induti sunt . verùm quoniam multa de candidae vestis usu , dignitate , significationeque mystica dicta sunt , de quo etiam clem. alexand. paedagog . lib. 2. cap. 10. legere potetis : consideranda etiam nobis videtur ratio , cur vestibus illis tantum à veteribus tributum fuerit . ea peti potest ab ●psius coloris albi sive canoida vi atque natura . nam cùmis color , secundùm plutarch . problem 26. maximè sit naturalis , simplex , purus , syncerus , lucidus , atque perspicuus , ut qui lucis plurimum habet ( unde 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 album mihi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , id est , videndo videtur dictum ) mirum profecto non est , illo ( uti etiam lumine , cui maxime est affinis , atque cognatus ) cùm mores ingenuos , puros , ac simplices : tum laetitiam , libertatem , victoriam , foelicem denique quemuis rerum statum atque conditionem , in prophanis sacrisque literis significari : ac proinde vestes aliasque res colore illo imbutas , in tanto fuisse apud veteres pretio & honore . album , inquit pierius in hieroglyph . est p●ima veluti materia quaedam , in quam colores , quotquot volueris , perinde ac in universalem illam possis omnes species inducere . hinc ad dei cultum alba plurimum indumenta , omnium p●nè nationum consensu adhiberi solent : semperque albus color sacris accommodatur . atque ideo ait persius : quam vis albata rogarit . sed quid indigemus persio , si servatoris nostri indumenta , cum gloriam suam vellet discipulis patefacere , alba sicut nix apparuêre ? apud cic. 2. de legibus : color albus praecipue decorus deo est , tum in caeteris , tum maxin è in textile . et nostra pietas canit , vel lineas , casque purissimas induti tunicas , sacra deo caneremus . plato similiter colorem album vult laetitiae esse proprium , atque deorum . hinc veteres , teste platone , & plutarcho , niveo splendore spectabiles , ut deorum ●enerabantur silios . cel. lib. 24. cap. 26. album por●ò & candidum pro bono : ut atrum & nigrum pro malo , passim accipitur . juvenal . satyra 3. — maneant qui nigrum in candida vertunt . id est vitium in virtutem : virtutem in vitium , qui secundùm terentium in phorm . recta prava faciunt : secundùm isa●am , bonum malum : dulce amarum , & cont●à ●icunt . persius . per me equidem sint omnia protenus alba , id est bona . ovid. candida de nigris , & de candentibus atra . horat. h●c niger est , hunc in romane caveto . candi●us sermo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , id est , perspicuus : & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vox candida , quae sac●●è hominum aures penetrat : & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , rem clarius explicare . sic apud s●ne●am asinius po●●io albutii sententias albas app●llavit , quòd essent aperiae . eras. in adag . avis al●a , pro re nova & a●picata : ciceroni epist. fam . lib. 7. sic allae gallirae silius juvenali , hoc est , faeliciter natus ( cui 〈◊〉 apud eundem : nati infoelicibus ovis ) quia latini lae● , & auspicata , alba vocant : ut contrà inauspicata , nigra & atra : erasmus in adag . cic. nec minus niger , inquit , nec minus confidens , quam ille , pro caecinna de teste sexto clodio . horat. in serm. sani , an creta , an carbone not andi . quem imitatur persius in 5. satyr . quaeque sequenda , forent , & quae vitanda vicissim : illa prius creta , mox haec carbone notasti . sic candido calculo , lapillo , aut creta : aut contra nigro lapillo notare : de quibus e●asmus in suis adagiis . dies albus , & alba faba , ibidem . albi calculi , absolutorii : ni●● , dam●●orii in proverb . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , id est , al●um calculum addere , id est , approbare . novit quid album , quid nigrum , id est , recti , pravique discrimen . vultu mutabilis , albus & ater , id est , & bonus malus est . horac in extrema epistolae : — candidum pauperis ingenium . idem ode . 11. epod. sic passim candor , pro integtitate animi : & candidus homo , pro syncero , & ingenuo usu● p●tur . pythagoras aiebat , id quod esset colore candido , ad boni naturam : quod colore atro , ad naturam ●ali pertinere , ut erasmus annotat in proverbia illa : creta notare , id est , approbare : carbone notare , id est , damnare . ve●ùm haec satis sint dicta de albi coloris vi , 〈◊〉 dignitate atque praestantia , ejusque significatione allego●ica , de qua multa passim in sacris & prophanus li●e●is occurrunt , in quorum explicationem forsan non injucundam & inutilem delapsus sum , occasione vestium canaidarum , quarum olim in conviviis , atque etiam in re●iqua vitae humanae consuetudine creberrimus & frequentissimus usus fuit , ut ex supra commemoratis tes●imoniis & exemplis satis patet . by this learned discourse of white vestments , colours , the judicious reader may discern , 1. that white garments , rotchets , surplices , are not peculiar to divine services , sacraments , or to ecclesiastical persons , or christians alone . 2. that they have been , and still are made use of , by heathen priests in the sactifices , solemnities of their idol-gods , and by pagans in their feasts , funerals , plays , inaugurations , manumissions , &c. as well as by bishops , priests , deacons , in their divine worship and celebrations ; and by all sorts of lay-baptized christians , as well as by clergy-men . 3. that the principal mystical significations , reasons , grounds , ends for the civil or sacred uses of white vestments , are equally common to all ranks and degrees of men , of christians , and not one of them proper or peculiar to bishops , priests , deacons , or clergy-men , or to publike prayers , devotions , more then to private . therefore not to be used or worn by bishops , ministers , deacons , or clergy-men alone , as a badge of their distinction from , and elevation above lay-christians . finis . notes, typically marginal, from the original text notes for div a56208-e460 a surius concil . tom. 1. p. 218 , 251 , 381 , 382. tom 2. p. 588. 589. tom. 4. ● p. 453. bellarmine de romano pontif. & de conciliis , l. 2. c. 2. gregde valentia com. theolog tom. 3 : p 247. dr. iohn whites way to the true church sect. 17. p. 45. & defence of the way , c. 47 , 48 , b sessio 22. decretum de observandis & evitandis in celebratione missae , surius tom. 4. concil . p. 962. c ad hoc nos deus unxit oleo lat tiae , ac haereditatis suae participes effecit , ut ad ipfiu , sacerdotium vocati tanquam aaron , non solum ea quae ad divinum cultum pertinent salubriter disponamus ; ve●ùm etiam ea quae aliquando per nos statuta suerant , salubrius mode remur , ac aliàs desuper disponamus , prout rerum & personarum qualitate pens●ta , conspicimus in domino salubriter expedire . d verum in illo munere peragendo factum est , ut nonnulla ex diligenti librorum antiquorum collatione in meliorem formam redacta , & in regulis & rubricis aliqua uberiùs & clariùs expressa , quae tamen ex illorum principiis et fundamentis , qu●si deducta , illorum sensum imitari potíus & supplere , quàm aliquid novi afferre videantur : missam itaque quod idem pius 5. ediderat , sic recognitum in nostra typographia quam emendatissimè imprimi , & ad communem utilitatem publicari jussimus . * sessio 22. decretum de observandis et evitandis in celebratione missae . surius concil . tom. 4. p. 961. * 13 eliz. c. 12 * a●tic'c 2 : 34 ‖ see centur magd. 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , p 3 , c. 6. where this is proved at large . * 2 & 3 e. 6. c. 1. 5 & 6 e. 6. c. 1. 1 eliz. c. ●● * novemb ● 1660. * 2 & 3 e. 6 c. 1. 21. 5 & 6 e. 6. c. 1. 12. 1 eliz. c. 1. 5 eliz. c. 1. * peter heylyn , his history of the reformation of the church of engla●d , p. 91 , 92 , 93. history ? of queen m●●y , & queen eliz. p. 59 , 60. 115 , 116 , 131 , 132 , 164 , 165 , 166 , 176● a 1 cor. 14. 40. b isay 8. 20. lu. 16. 29. gal. 6. 4. 16. * in the second part of my signal loyalty & devotion of gods true saints &c. to their soveraigns . p. 225. &c. a 1 tim. 6. 15. rev. 17. 14. c. 19 , 16. b ps. 21. 3. c 1 pet. 5. 4. c. ● . 4. notes for div a56208-e2780 a num. 6. 22 , to 27. deut. 26. 13 , 14 , 15. c. 33. 1 , to 47. ps . 92. ps . 66. & 67 , & 68 , ● 78 , & 79 , & 90. ioel 2. 17. hos. 14. 2 , 3. mat. 6. 9 , 10 , &c. lu. 11. 1 , to 5. 1 tim. 2. 1 , 2 , 3. b liturgi● s. s. patrum , liturgi● basil●i , chysostostomi , gregorii theologi , cyri●● alexandrini , &c. paris 1560. & august . vind. 1604. liturgicae latino●unt , colon 1571. antiquitates liturgies , duaci , 1605. bibliotheca patrum , t. 1. 2 , 3. & 15. cassandri liturgica . c see 2 , & 3 ● , 6. c. 1. 3 , & 4 e. 6. c. 10. 5 , & 6 ed. 6. c. 1. 1 eliz. c. 2. d acts 15. 24 , 27 , 28. c. 16. 4 , 5. eph. 6. 18. phil. 4. 4. 6. 1 thes. 5. 17. see the several offices , howers , missels . precessionals , liturgies , books of devoti●n , in antient or present use among the papists , 3 , & 4 e. 3. c 10. officium beat● mari● secundum usum sarum ; secundum usum dang●● ; secundum usum walsingham , lincoln , used in england ; 2. & 3 e. 6. c. 1. the divers formes of lieugits and administrations used in the protestant churches of england , scotland , france● , germany , helvitia , denmark , and in the greek , russian , ethiopian churches . e ephes. 6. 18. c. 3. 14 , to 22. ●em . 15. 30 , 31. phil. 1. 4 , 9 , 10 , 11. f in their broks● prefixed to missale romanum , salm. 1588. and antw. 1630. g 1 chr. 6. c. 20. 5 , to 14. c. 32. 24. c. 33. 12. ezra 7. 27. c. 9. 6 , &c. neh. 1. 4 , to 11. c. 9. throughout . esth. 4. dan. 9. 3 , &c. joel 2. 9 , to 18. hos. 14. 2. lu. 11. 1 , 2 , ● . matth. 14. 23. john 26. 39. john 17. 9 , &c. acts 1. 14 , 24. c. 3. ●● c. 4. 24 , to 31. c. 8. 22 c. 10 , 1 , 9. c. 12. 5. c. 13. 3. c. 14. 23. c. 16. 25. c. 20. 36. c. 21. 5. c. 28. 8. rom. 1. 8 , 9. 10. c. 8. 26. c. 15. 30 , 31. c. 16. 24 , 25 , &c. 1 cor. 14. 15. eph. 1. 16 , 17 , &c. c. 3. 13 , to 21. c. 6. 18. phil. 1. 4 , 9 , 10 , 11. col. 1 , 3 , 9 , 10 , &c. 1 the● . c. 2. c. 5. 17. 2 the● 2. 16 , 17. c. 3. 1 , 2. 1 tim. 2. 1 , 2. c. 5. 5. philemon 4. 24. rev. 5. 8. c. 8. 3 , 4. jude 20. ● acts 2. 42 , 46. c. 4. 1 , 2 , 18 , 19 , 20. c. 5. 19 , 20 , 21 , 28 , 29 , 42. c. 20. 10 , 31. c. 19. 8 , 9 , 10. c. 28. 30 , 31. rom. 15. 19 , 20. luke 21. 36 , 37 , 38. justin. martyr , & tertul. in apologia . a mat. 10. 7. c. 28. 19 , 20. mar. 16. 15. b mat. 26. 55. mar. 14. 49. lu. 19. 47. c. 22. 52. ps . 62. 11. lu. 4. 18 , 19 , 31 , 43 , 44. c acts 2. 46 , 47. c. 4. 1 , &c. c. 5. 42. c. 16. 5. c 17. 11 , 17. c. 19. 9 , 10. c. 20. 18 , 19 , 20 , 21. rom. 1. 15 , 16 , 17. c. 15. 15 , to 26. c. 16. 25. 2 cor. 11. 28. 1 cor. 9. 13 , to 27. heb. 3. 11. d 1 cor. 1. 17. c. 9. 16. a see bishop downh●ms consecration sermon ; bishop halls remonstrance , & divine right of episcopacy ; mr. sudburyes ; mr. sandcrofts , and dr. allest●yes sermons at the last consecrations of bishops , 1660. b 2 tim , 4 , 1 , 2 , 3. fully refuted in my vnbishoping of timothy and titus c acts 20. 28 , 20 , 21. d sessio 24. decr. de reformatione , cap. 4. surius concil . tom. 4. p. 976 , 9● 7. e sermo 10● de observanti●●abbat● . a rom. 1 , 16 , 17. c. 10. 13 , 14 , 15. 1 cor. 1. 16 , 17 , 21. a his necessity of reformation of the publike worship , rites , ceremonies , london 1660 : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in nomine iesu omne genu flectatur . a in the appendix to my anti-arminianism , concerning bowing at the name of jesus , lame giles his haltings , certain quaeres propounded to the bowers at the name of jesus , anno 1636. canterburies doome , p. 64. b 1 kings 18. 26 , 27 , 28. see ecclesiasticus 7. 4. c see my plassant purge for a roman-catholick . d deut. 27. 15. 1 chron 16. 36. neh 5. 13 c. 8 6 psal. 41. 13. ps. 72. 19. ps. 89. ●3 . ps. 106. 48. rom 1. 25. mat 6. 13. 1 cor. 14. 16. phil 4. 20. 1 tim. 1. 17. rev 5. 14. c. 7. 12. c. 19. 4. * 1 tim. 1. 17. e de divinis officiis , c. 39. 40. deinde imponitur gloria patri , & filio , & spiritoi sancto . quae verba ad divisionem psalmorum , qui prius indifferenter canebantur . b. hieronymus , damaso papa petente , composuit . sed cum nequaqu●m id sufficeret , praedicto apostolico suggerente , addidit adhuc , sicut erat in principio , &c. et hoc ad nutum diaconi dicit cantor . f flores histor. an. 376. p. 139. g acts and monuments , vol. 3. p 11. h bellarmin de messa . l. 2. c. 16. i ecclesiastical poli●y , l. 5. sect . 42. k exposition of the liturgy in his works , p. 7. l decreta eccles . gall. l. 1. tit. 7. cap. 7 , 8. m ier. 6. 16. 1 iohn 2. 7. matthew 19. 8. lu. 5. 39. n de praescriptionibus , advers . haereticos . * see ordo romanus antiqu. de divinis officiis , bibl. patr. tom. 8. p. 392 , &c. * de divinis officiis , c. 39 , ●0 . o see my pleasant purge for a roman catholick * see basil. epist . 78. theodoret eccles. hist. l. 2. c. 24. sozomen , l. 4 c. 19. p ecclesiastical polity , l 5. sect . 42. q in his works , london 1622. p 7. r decreta ecclesiae , gal. l. 1. tit. 7. c. 7 , 8. * leo●●ius anti●chiae episcopus cum cle●um et etiam l●icorum multitudl●nem in du●s partes divisam cerneret , et alteram quo laudes filii magis celebrarent hanc conjunctionem , et , exhibere : alteram autem hanc praepositionem , per in ●odem ponere , et cum ad spiritum sanctum ventum esset , praepositionem in adjicere , ( viz. gloria patri per filium , in spiritu sancto ) ipse totam glorificationē tacitus secum recitavit , ade● ut qui propè eum erant , solum hanc particulam , in saecula saeculorum , audirent . theodoret eccles. hist. l. 2. c. 24. sozomen l. 4. c. 19. * see basilii epist . 78. theodoret eccles. hist. l. 2. c. 24. sozomen l. 4 c. 19. hookers ecclesiastical poli●y l. 5. sect. 42. * surius conciliorum , tom. 1 p. 185. honorius augustodunensis . gemma animae , l. 1. c. 93. gratian. de consecrat . distinct . 2. & distinct . 4. cap. statuimus . th● . waldersis . tom. ● . tit. ● . c. 31. sect 7. gulielmus durantus rationale divinorum l. 3. fox acts and monuments , vol. 3 p. 7 & missale romanum . * caeremoniale episcopor●●n , parisi●s 1633. l. 1. c. 28. p. 140. ‖ psal. 7. 17. ps. 9. 1. ps. 30. 1 1. psal. 33. 1. & 34 , 1. & 42. 11. & 43. 5. & 45. 17. ps 4● . 1 & 59. 17. psal 75. 1. & 66. 1 , 2 , 20 ps 68. 35. & 72. 18 , 19 , & 75. 1. & 89 , 52. & 97. 12. & 100 1. 103. 1 , 2. 21 , 22. ps. 104. 1 , 25. ps 105. 145. ps 106. 1. 48. ps 107. 1. ps 111. 1. & 112. 1 , 9 ps. 115. 18. ps. 116. 19 ps 117. 1 , 2. ps. 118. 1. 29. ps. 135. 1. 19 , 20 , 21. ps. 145 , 10 psal. 150. a see bibliotheca patrum , col . agrip. 1618. tom. 12. p. 1034. g. 1050 , 1051. b ritus celebrandi missam & missa pro defunctis . c hi psalmi sub 〈◊〉 gloria patri canuntur , quia susti illis temporibus trinitatem coluisse creduntur . singuli psulmi cum gloria patri canuntur , qui● singuli supradicti ordines trinitatem adorasse scribuntur . ideo etiam et tres psalmi canuntur , antiphonae tern● . * prov. 26. 5. 12. 1 cor. 3. 18 , 19 , 20. d see davidis blondelli apologia pro sententia hieronymi de episcopis & presbyteris . and my vnbishopin● of timothy and titus . * 2 chron. 20. 13. ier. 15. 1. numb . 23. 6. 1 kings 13. 1. 2 kings 11. 14. c. 23. 3 1 kings 18. 54 , 55. 2 chron. 6. 3. c. 20. 5 , 20. ezec. 1. 21 , 24 , 25. luke 18. 11. 13. 2 chr. 30. 16. c. 34. 31 , 32. c. 35. 10. neh. 8. 7 , 8. exod. 20 , 21. neh. 8. 5 , c. 9. 2 , 3 , 4. ezr. 10. 10. luke 4. 16. acts 1. 15. c. 11. 28. gen. 11. 22. deut. 4. 10. rev. 7. 9. c. 8. 2. * cassianus institut l. 2. c. 8. friderici londebrogi glossarium tit. gloria patri . a in his glossarium . tit. gloria patri . fredericus lindeb●gus codex legum antiq. p. 840. and his glossarium . gloria patri . b here p. 9 , 10 , &c. d surius concil . tom. 4 p. 740 , 741. laur. bochellus decret : eccles gal. l. 1. tit. 7. c. 31. p. 63. * ordo romanus antiquus . bibl. patrum , tom. 8. p 397 , 398 ‖ mat. 25. 37 , 44. rev. 5. 18. * appendix to my anti-arminianise concerning bowing at the name iesus . lame giles his haltings . quaeres pronounded concerning bowing at the name iesus . ‖ decret . eccl. gal l. 1. t it 3. c. 38. p. 86. a see rubricae generales missalis , & ritus celebrandi missam , prefixed to missale romanum , pii 5. & clementis 8. honorius augustodunensiis , gemma animae l. 2. & 3. gulielmus durantus . rationale divinorum l. 4. b surius concil . tom. 1. p. 66. 6. c deut. 5. & 27. c 1 thes. 1. 5. c. 2. 2 , 4 , 8. gal. 1. 6. c. 2. 2 , 5 , 7. phil. 1. 5 , 12 , 17 , 27. c 2. 22. col. 2. 5. 2. thes. 2. 14. 1 tim. 14. 6 , 59. rom. 1. 15 , 16 , 17. c. 2. 16. c. 15. 16 , 29. c. 16. 25. 1 cor. 4. 15. c. 3. 17 , 18. 2 cor. 4. 3 , 4. heb. 4. 2. l gration de consecratione distinct . 2. surius concil . tom. 1. p. 518. thomas waldensis , doctrinalis , tom 3. tit. 4. cap. 3● . sect . ● . f. 66 , 67. gulielmus duramus rationale divinorum , l. 4. c. 5. de evangelio centur. mag 4. baronius , spondanus , and others . f 〈…〉 tit. ● . c. 115. p. ●● . * quoniam synbolum verbum est evangelium quoad sensum , ideo stando illud audire sicut & evangelium & illo dicto signum crucis facere debemus . gul. durantus , ratio . divimrum , l. 4 de symbolo rubrica . g psal. 94. 16. h 2 chron. 34. 32. i 1. cor. 16. 13. gal. 5. 1. 2 thes. 2. 5. k neh. 9. 2 , 5. deut. 27. 12 , 13. ps. 122. 2. ps 134. 1. gen. 18. 22 lu. 4. 16 1 kings 8. ●4 , 15. lu. 18. 11 , 13. rev. 7. 9. k neh. 9. 2 , 5. deut. 27. 12 , 13. ps. 122. 2. ps 134. 1. gen. 18. 22 lu. 4. 16 1 kings 8. ●● , 15. lu. 18. 11 , 13. rev. 7. 9. a tertull● an de corona mii●tis lib. de iejunio lib. ad vxorem , l. 2. & apologeticut . see la cerda & beauss rhenanus ibid. c sermo de oratione & pamei●us . ibid. d surius concil . tem. 1. p. 347. tem 2. p. 1052 t●m . 3. p. 277. e sexti decretalia , l. 2. tit. 23. c. 2. see my appendix to lame giles his halting . a gen. 3. 21. ● 9. 23. ● chron. 28. 15. met. ●5 . 36 , 38 , 43 , 44 , can 2. 15 , 16 rev. 3. 18. b hig. 1. 6. 2 , cor 11. 27. iob 31. 19. c rev. 21 , 2. isay 61. 10 , ● fim 3. 9 , 10. ● pet. 303 , ● , 5. d dent. 2● . 5. ester 5. 1 c. 6. 8 , 10 acts 12. 21. 1 sai● . 13. 18 l● . ● . 25. 2 chren . 18. 9. see aretii prolemata lacus , 120 , devest●tu . e exod. 28. 2 , 3 , 4. c. 29. 5. 21 , 29. c. 35 , 19 , 21. c. 42. 13. levit. 8. 2 , 30. c. 16. 4 , 32. ezr. 2. 69. neh. 7. 70. 71. ezr. 3. 10. * quali genere vestitus ust sunt apostoli , autasii christiani , non est annotatum . cent. magd. 3. cap. 6. col . 106 : ‖ see docmus de moribus gentium , alexandri ab alexandro , gen dierum ; par has his pilgrimage and voyages cent , mag. 2 , to 13. cap. 6. f 1 cor. 14 , 40 , g 1 tim. 2. 1 , 2 , 3 , 8 , 9 , 10. b mat. 6. 24 , 26. i. u. 12. 22 , 23. * gratian de consecrat . dist . 1. bochellus decret . eccl. gal. l. 1. tit. 7. l. 3. tit. 1. — l. 6. tit. 17. i 1 tim. 6 6 , 7 , 8. k mat. 10. 13 , 10. mat. 6. 9. lu. 9. 3. * 2 , tim. 4. 13 m see hen●rius augustodunensis his ge●●●a animae , l. 1. c. 89. 198 , to 235. gratian , caus . 21. qu. 4. de consecratione distinct. ● . gultelmus durantus , rationale di●in●rum , l. 3. de indumentis , tho. wa●densis , to●● . 3 tit 4. ● 29 , 30. pontifi●ale , ce●●moniale 〈◊〉 , mssa●e ram ●spam● 17. * acts 4. 19 , 20. c. 5. 29. n honorius augustodunensis gemma animae l. 1. c. 237. th. waldensis , tem. 3. tit. 4 c. 30. sect. 5 , 6. gul. durantes , rationale div●norum lib. 3. my signal l●yalty and devotion p. 219 , 243. o rom. 3. 11. 1 pet. 1. 15. c. 2. 3 , 4. act. 10. 34. iam. 2. 1 , to 6. c. 1. 27. p feccat graviter qui ●●tur in missa vestibus non ●en dictis . sylu● 〈◊〉 verbo miss●nu . 2. summa angelica missa sect . 3. s● to in 4. sent dist . 13. qu● 〈◊〉 astensis . t. t. 14. ar . 4. , suult armilla . verba missa nu . 6. navar. cap. 25. nu . 24. thomas ●erulae pra●is episcopalis part 1. tit. vestimenta sacra : m●ssale pontificale & ceremoniale romanum . bochellus decreta eccles. gal. l. 1. tit. 7. ●l . 6. tit. 17. q acts 15. 19. 20 , 28 , 29 , ● . 16. 1 , 4. * mat. 28. 19 , 20. mark 16. 15 , 16. compared with eccles. 12. 13. fear god and keep his commandments , for this is the whole dvty of man , especially in his worship . r mat. 15. 9. col. 2. 20. s acts 15. 1 , 2 , 24. t gemma animae , l. 1. c. 11 8. u rationale divinorum , l. 3. x doctrinalis , tom. 3. tit. 4. cap. 29 , 30. y bochellus decret . eccles. gal. lib. 6. tit. 17. z surius concil . tom. 1. p 253. gra●an 〈◊〉 consecratione , dist. 1 , 2. summa angelica . tit. vestis ; sylvester . tit. benedictio 1. pontificale & missale romanum , centur , magi , 3. col . 246. h de consecratione dist . 1. i surius concil . tom. 1. p. 311. centar. magd. 4. c. 6. col . 480 , 1 2 ● 1. k mat 17. 1 , 2 , 3. mar. 9. 28 , 39. * 2 cor. 5. 20. ● pet. 11. 23. ● john 2. 6. ●ph . 5. 1. phil. 2. 5. ● po● . 2. 21. i 〈…〉 n tom. 5. p. 875. d. * he writes it of the jewish priests , not christian minister's o tom. 5. col . 338. d. & tim. 2. p cent. magd. tom. 5. c. 6. col. 652. * retionale divinorum l. 3. q ecclesiastical policy l. 5. sect . r see cent. magd. 6. c. 6. col. 337. s cene. magd. 7. col. 153. 154. t bibl. patn●● . tom. 8. p. 397. 398 , &c. ● u bochellus decret , eccles. gal. l. 1. tit. 7. ●● 3. tit. 1. l. 6. tit. 17. x cent. magd. 9. 10 , 11 , 12 , 13 , &c. cap. 6. batonil annales spon . danus , missale , pontificale & ceremoniale romanum . * at the end of m●lla●● i●●manuin . ex 〈◊〉 ete sacre concilii t●●d 〈◊〉 resor matum , ●c . an tu●rpiae , 1630. benedictiones diverts p. 101 , 10● . pontificale romanum . 〈◊〉 . p. 357 , 358. * innovationibus nosteis , had been better . * here they make ● . crosses . * not aacon , priests , po●es or bishops . * see spelmanni glosserium , tit. coppa . * or impone domine , capiti meo galeam sa● lutis , * priosts mariage would do this better than a girdle , 1 cor. 7. 1 , 2 , 3 , 4 , 5 , 9. * p. 12 , 13 , 30 , 32 , 38 , 39. * ibid. p. 49 , 58. * pontificale romanum , p. ●7 , to 81. * bothellus decret . eccles. gal. l. 6. tit. 7. c. 24 , 25. p. 1030 , 1221. * bochellus decret . eccl. gal. l. 3 tit. 1. de eucharistia , cap. 32. 15. 62. sec c. 43 , 44 , 45. * bochel . ibid. c. 114 , 115 , 116 , 117 , 118. * bochel . decr. eccl. gal. l. 6. tit . 17. c. 31. p. 1322. a bochellus decret . eccles gal l. 3. t it 1. c. 5. p. 364. b bochellus dec●e● eccles gal. l. 1. tit. 6. c. 54. p. 60. c boehellus decret . eccles gal. l. 3. t●t 1. c. 78. p. 371. c. 114. p. 318. d ibid c 79. p. 3●1 . c. 91. p. 3●4 . e bochellus l. 6. tit. 17. de ●●stibus & dornatu cleri●o●●n , c. 20. p. 10●0 . f bochellus l. 3. tit. 17. c. 14. p. 1018 , 1019. * bochellus , 1. 3. tu. 1. c. 79. p. 373. * bochell . decr. eccl. gal. l. 1. t it 7. de celetratione missae , c. 5. p. 60. a opera lutitiae , 1617. col . 1085 , &c. b hist. angl. tiguri . 1589 , p. 431 , 432 , londini , 1140. ‖ see spelman . & gul. somneri glossa●i●um tit. capa , cappa . simeon dunelmensis hisi. col. 61. * chronica w. thorne . cal. 2120. ‖ provincialis gulielmi lindwode 1 ●n de eucharistia fol. ●80 . * provincialis gul. lindwode l. 3. de ecclesiis edificandis , f. 182. ioannis de aton constitutiones provinciales , f. 146. b. * provincialis gul. ● ynchrode●l 1. de officio archi-dia●on● . fol. 38. * see. ● e. 6. c. 1. 2 , & 3 e. 6. c. 1. 3 , & 4 e. 6. c. 10. 5 , & 6 e. 6. c. 1. fox acts and monuments , vol. 2. p. 658 , to 670. * see dr. corn. burges his reasons shewing the necessity of reformation p. 33 , 34. * fox acts and monuments , vol. 3 p. 146 , ● 47 , dr. heylins history of the reformation of the church of england , p. 90 , 30 98. * excogitavit haec avaritia quae fe hyp●creseos fuco ad hunc modum vinditat . nobis christus unice spectandus est . quicquid aliter geritur atque ipse gessit . flagitium est de luxu mundi ecclesiastici justus liber extruandus est siquis digne velit confutare . zumgliu , de ca●ne missae epicherisis operum , pars s. f. 187. * see dr. corn. burgess his reasons shewing the necessity of reformation , 〈◊〉 c. p. 33 , 34. p see p. 115 , to 122. 132 , 133 , 134 , 139 , 140 , 158 , 259 , 164 , to 269 , 174 , 175 , 176. * s●c the conference at hampton court , printed 1604. p. 76 , &c. * such are most of our bishops , deans , chapters curates , to their infamy . * see joannis langecrusius , de vita & honestate ecclesiasticorum l. 2. c. 2 , 3 , 4. * see tho whetinhall of the abuses now in the church of christ 1606. see a most indifferent conferrence between the prelates and late silenced ministers 1606. the lincolnshire ministers apology , dr. burgesse his necessity of reformation , and hundreds m●re . argum 1. answ. * see pontificale romanum , caeremen●ale episcoporum . my vnbisho ping of timothy and titus bishop halls divine right of episcopacy and remonstrance . mr● sandcrofts consecration sermon on tit 1. 5. newly printed . objection . answer . * exod. 28. 42. c. 19. 28. l. cv . 6. 10. c. 16. 4. 23. 32. 1 sam. ezech. 44. 17 , 19. 2 chron. 5. 11 , 12. ‖ ezech. 44. 17 , 18. * here , page 67. * missale romanum , benedictiones div●rsae & pontifi●ale romanum . gul. durantus 〈◊〉 . divino●um , l. 3. * where he gives other mystical reasons for them . a●g . ●words● answer . a levit. 13. 3. 8. 44 , 45. b levit. 13 , & 14. c numb . 12. 10. 2 kings 5. 17. d eze●h 27. 18. rev 1. 14. isay 1. 18. * see page 122. e wickliss dial●g●r●m . l 4. c. 16 , 17. de papa c. 12. f doctrinalis , tom. 3. tit. 4. c. 29 , 30. g acts 23 3. h degradandus indumentis sacerd●talibus , si sacerdos sit , induitui ; & sic de reliquis ordinibus , pontificale romanu● p. 456 , 1● 462. fox acts and monuments , vol 3. p. 998 , 999. i lib. 1. advers . iovinianum . k antiqu. lect. l. 5 c. 13. p. 220. l pontisicale romanum , p. 13. a my signal loyalty and dev●tion of gods true saints &c. to their soveraigns . pa●t 2. p 287 , 179 , 190 231. b geuialium dierum , l 3 c. 7. c de moribus gen●ium . d romanae quaestiones . e problematus , locus 120. de vestitu . f purchas pil●grimage , l. 1. 4. cap. 19. g sands europae speculum , purchas pilgrimage , l. 3. c. 12. h linsch●t l. 1. c. 22. purchas pilgrimage , l 5. c. 15. p. 667. i benedicti are●ii . problemata locus 120. p. 367 gul. stuckius , antiqu. conviv . l , 2 , c. 26 , a strabo , solinus , pemponius mela , alexander ab alexandro gen. dierum l. 5. c. 18. f 291. & bo●●●us de moribu● gentium . b alexander ab alexandro gen. dierum , l. 5. c. 8. f. 263 lib. 6. c. 19. f. 664. c antiqu. lect. l. 14. c. 16. d hist. rom. l. 4. e problemata . f hist. naturaelis , l 8. g digestorum , l. r. de officio quaestoris . h alexander ab alexandro gen. dierum , l. 3. c. 17. f. 153. pa●lus aemilius consul legem tulit ad populum , qua nè cui suffragii causa munus dare liceret mul●ipli●i poen● interdixit postea lege calphurnia his qui mercede corrupti aut inunere deliniti candidatis obviam issent , quiqise precio illos sectarentur ; aut si prandium ad captandos animos , avt si qvid mvneris exhibitvm foret , praeter poenas legib●● constitutas , etiam pecvniaria mvlcta fvit . id qu●d fabia lege cautum , &c. d cooks 4. institutes , p. 23. e alexander ab alexandro , gen. dierum , l. 3. c. 17. quoties contra ambitum illorum qui appetunt majestratus , pluribus legibus à romanis obvium item fit . f hietom . comment . in ezech. c. 44. alexander ab alexandro , gen. dierum , l. 6. c. 12. f. 349. conference at hampton court , p. 76. gul. stuckius antiqu. conviv . l. ● . c. 26. g alexander ab alex. gen. dierum , l. ● . c. 19. f. 364. h bochellus decret . eccles gal. l. 5. tit. 2. c 3 p. 702 , 906 seldens titles of honour , part 1. c. 8. p. 222. i my signal loyalty and devotion of gods true saints and pious christians to their soveraigns , part 2. p 131 , 237 , 242 , 244 , 253 , 255 , 391. tho. walsingham . hist angl p. 295 , 296. * cent. magd. 4 c. 6. col. 419 , 420. cent. 5 , col. 658. cent. 6. col 334 cent. 7. col. 147 cent. 8. col. 189. cent. 9. col 324. cent. 10. col. 293. cent. 11. col. 262. cent. 121 col. 875. cent. 13. col. 596. to● waldensis d●ctrinalis tou. 3 tit. 5. c. 52. gul. stuckils antiqu. convi●● 1. 2. c. 16. * de divinis officiis c. 19. de sabbato sancto virgil. paschae operum col. 1062. ‖ de institutione clericorum l. ● . c. 29. * gul. stuckius antiqu convivialium l. 2. c. 26. surius co●rcil . tom. 1. p. 8● , 788 , 493 tom. 3 p. 177. 683. 716. tom. 3. p. 286 , 365. georgius cassander . de baptismo infantum . and sundry others , cent. magd. 4 , 5 , 6 , 7. cap. 6. * preces ecclesiasticae , operum pa●is●●s 1616. p. 348. p bochellus decret eccles. g●l . l 6. c. 17. lohannis de at●n constit , provincia●●um , fol 129 , 131 , 135. lyndewood provincial . l. 3. c. 11. de vita & honestate cleric . canon 6. 1603. can 74. q mr. iohn badgers daughter of the inner temple wh● oft related it to me . r mat 7. 16 , 17 , 20. luke 6. 43. 1. tim 4. 12 , 14. 2. tim. 4. 1 , 2 , 5. 1 pet , 5. ● . phil. 3. 17 , 20. s spelinanni concil . p. 293 , 294 , 259 , 246 , 264. t su●ims concil . t●m . 3. p 27 ● , 279. * mat 4 17. psal. 102. rom. 2. 1. cor. 14. 2 t●m . 2. * surius concil . tom. 3. p. 864. * isay. 58. * ba●hell decr. eccl. gal. l. 5. tit. 18. de archiepiscopis & episcop●s & l. 1. tit. 3. de praedicatione & expositione verbi dei. ‖ spelmanni council . p. 416. * henry de knighton , de eventibus angliae l. 5. col. 2658 , 2668 , 2661. * see here , p. 7● . 7d . * see gulielm . stuckius , antiqu . conviv l. 2. 6. 26. here p. 114. x see bochel●us , decret . ecccles . gal. l. 6. tit. 13 , 14. claudius espensaeus in tit. 2. & de continentia , lib. john bales acts of english vo●aries , bishop halls honour of the ma●ried clergy . * see bo●helus l. 6. tit. 17. * quatu●● sunt principales colores quibus secundum propr etates dierum , sacras vestes ecclesia distinguit ; albus , niger & violdis , &c. durantus rat. divin . l. 3. * see here , p. 10 , 41. ingentos curati ( as well as curae ) stupent , leves loquunt●● . 1 c●r 15. 58. ro● 12. 1● . mat 9. 37 , 38 , and 10. 2. da●● 7. 9 , 22 see. thomas beacons reliques of rome● p●●l 102 , 2●● see arelins , prohl . locus 12● . de vestimentis . * gul. stuckins antiq con . l 2. c. 26. 27. * 1 cor. 8 , 9 , 10 , 11 , 12 , 13. * 〈◊〉 aelius ●hodig antiq. ●ect . l. 5. & . 12. g●atian . dist. 40. * surius caucil tom 4. p. 513 , 514. 2 cor. 6. 16. surius coucil . tom . ● . p. 279. 8. laur. boch●llus deneta . eccl. gal l. 3. tit . 2 c. 85 p. 402 notes for div a56208-e22390 albi coloris vestitum in convivi●s usitatum fuisse . vestium candidarum usus apud iudaeos . usus vestium candidarum apud romanos in diebus festis . * as if god were delighted with colours . in coe●is fu●ebribus albati accumbebant . balnea ante epulas . in exequiis alque luclu . in cadaveribus i●volvendis . alia testimonia de vestium nigrarum usu in ex●qu●is . color ●niger ticinum quid . in uatalitiis . in spectaculis . in militia . in militia . in sacris . suffibulum . aegyptiorum sacerdotum vestitus . vostes muliebres . liaum candidum . in manumissionibus . * ●see la● cerda ibid●m . in magistratuum petitione . magistr●tuum petitores cur toga candida induti ●uerint . toga pura . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vestis 〈◊〉 alb. 1 : * as those now doe who stand to be knights , citizens , and burgesses in parliament . proverbium . artes petitoriae . paries dealbatus , act. 2. 3. & sepulchra dealbata , matth. 23. quid denotent . purpura . * and are not many roman prelates and priests now such , and english too ? purpura christi . coccina tunica . evangelistae de purpurca illa sive coccinea christi veste conciliantur . vestis purpureae & coccineae discrimen . candidati , petitores non solum magistratuum , sed aliarum quoque rerum . candida salutis , martyrii . albus color in vestitu cur romanis placuerit . albi & candi●● coloris discrimen . rhodii fullonum apud veteres creberrimus usus . sordido pro vulgo . reorum t●ga sordida . in toga duo amabantur . toga mutata . pullati qui. naucratitae vestibus ●albis usu fuerunt . vostium superstitiosarum apud ethaicos varii colores . vestis candidae praestantia . angeli semper candidati apparuerunt . mar 9. matth. 17. christus discipulis suis candidatus apparuit , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 equi albi . 〈◊〉 albae . stola albae . nazaraei . loci eccles. 9. interpretatio . nota. baptiz and o●um vestis cand●da . nomina sancti lavacri . paschatis hebdomada & domenica quastmodo , in albis appellata . ves●is candida i● baptismo quale symbolum tunica choro appellata . nota. vestes albae duplices . cur vestes aliaeque res albo colore imbutae , in tanto suerint apud veteres pretio atque honore . coloris albi significationes allegoricae . comfortable cordials against discomfortable feares of imprisonment, and other sufferings in good causes containing some latine verses, sentences, and texts of scripture / written by mr. william prynne on his chamber walles in the tower of london during his imprisonment there ; since translated by him into english verse. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a70863 of text r22186 in the english short title catalog (wing p3927). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 29 kb of xml-encoded text transcribed from 11 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a70863 wing p3927 estc r22186 12363186 ocm 12363186 60306 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a70863) transcribed from: (early english books online ; image set 60306) images scanned from microfilm: (early english books, 1641-1700 ; 222:18) comfortable cordials against discomfortable feares of imprisonment, and other sufferings in good causes containing some latine verses, sentences, and texts of scripture / written by mr. william prynne on his chamber walles in the tower of london during his imprisonment there ; since translated by him into english verse. prynne, william, 1600-1669. [4], 16 p. s.n.], [london : 1641. place of publication from wing. errata: p. 16. this item can also be found as the last part of "mount-orgueil" at reel 397:2. eng devotional literature. a70863 r22186 (wing p3927). civilwar no comfortable cordials, against discomfortable feares of imprisonment, and other sufferings in good causes. containing some latine verses, sen prynne, william 1641 4345 11 0 0 0 0 0 25 c the rate of 25 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2005-12 tcp assigned for keying and markup 2006-01 apex covantage keyed and coded from proquest page images 2006-05 emma (leeson) huber sampled and proofread 2006-05 emma (leeson) huber text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion comfortable cordials , against discomfortable feares of imprisonment , and other sufferings in good causes . containing some latine verses , sentences , and texts of scripture , written by mr. william prynne on his chamber walles in the tower of london , during his imprisonment there ; since translated by him into english verse . 2 corinthians 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11. blessed be god , even the father of our lord iesus christ , the father of mercies , and the god of all comfort ; who comforteth us in all our tribulation , that wee may bee able to comfort them which are in any troubles by the comfort wherewith we our selves are comforted of god . for as the sufferings of christ abound in us , so our consolation also aboundeth by christ . and whether wee be afflicted , it is for your consolation , & salvation , which is effectuall in enduring of the same sufferings , which we also suffered : or whether wee bee comforted , it is for your consolation and salvation . and our hope of you is stedfast ; knowing that as you are partakers of the sufferings , so also you shall be of the consolation . for we would not , brethren , have you ignorant of our trouble which came to us in asia , that we were pressed out of measure above strength , in so much that wee despaired even of life . but we had the sentence of death in our selves , that we should not trust in our selves but in god which raiseth the dead : who delivered us from so great a death , and doth deliver ; in whom we trust , that he will yet deliver us : you also helping together by prayer for us , that for the gift bestowed upon us , by the meanes of many persons thanks may be given by many on our behalf . printed anno. 1641. to the right vvorshipfull his very noble and highly honoured good friend , sir william balfore knight , lievtenant of the tower of london . sir , it were ingratitude and injury , for me in silence here to passe you by , and not present these cordialls unto you , sith they , and all my service are your due , for all your noble favours in the tower , which have ingag'd me to my utmost power , to be your eternally devoted poore friend and servant , william prynne . comfortable cordialls , or latine verses and sentences , written by mr. william prynne on his chamber walls in the tower of london , during his imprisonment there ; since translated into english by him . 1. transtulit in coelum christi praesentia claustrum : quid faciet coelo , quae coelum jam creat antro ? christs presence hath my prison turn'd into a blessed heaven ; what then will it doe in heav'n hereafter , when it now creates heav'n in a dungeon ? goales , to courts translates ? 2. stigmata christicolis , splendentia sidera ; sanguis , purpura regalis ; mutilataque membra , decorum ; vincula , gemmatus torques ; opprobria , plausus ; vulnera , martyrium ; m●rs ; vita ; gravamina , lucrum . optima cun●ba piis , tristissima sola ministrant ; v●ica crux sanctis , via , ianua , summa salutis . brands , unto christians are bright starres ; blood spent , a royall purple ; maym'd limbes , ornament ; bonds , chaines of pearle ; reproaches , praise ( no staine ) wounds , martyrdome ; death , life ; oppressions , gaine . to godly men the saddest fates only all best things bring , and their joyes multiply ; the crosse alone to saints is the high way , gate , summe of safety , meanes of endlesse joy : 3. christus ubique pium comitatur ; carceris antrum ingreditur : turres . densissima m●enia , rupes , fossas , ferratas portas obstacula , flammas permeat intrepidus ; socius solamen , amicus , omnia seclusis , solus ; saturatque benignus deliciis superum sitientia corda suorum , discipulis foribus clusis intravit amaenus , christicolis clausis habitat conviva perennis . o fortunatus cui con-captivus iesus , laetisicans radiis tristissima claustra supernis ; vincula non illum , tormenta gravamina moestum efficiunt , animum retinentem utcunque sorenum . christ every where accompanies good men ; he goes with them into the prisons den ; the towers , thickest walls broad ditches , gates , of iron , barracadoes , flames and graces doth boldly passe through ; proves companion , friend , solace , all things of himselfe alone ; vnto close prisoners and fills plenteously the thirsty soules of his , with heavenly delights . * hee entered in the dores fast shut to his disciples , them to comfort ; but with godly prisoners he 's a constant guesse resides ; o happic he who doth possesse christ for his fellow-prisoner , who doth gladde with heavenly sunbeames , goales that are most sad , bonds , torments , brisons , make not him sad ; he retaines a quiet mind how ere things be . 4. nullat o●us vinctus christi virtute solutus ; permanet immunis , clusus vel carcore vinclis . liber ubique , pius , placidus , benedictus , amoenus , indomitus ; tacitum circumfert pectore coelum : tristia laetificans , moestissima cuncta serenans ; vincula disentiens , arctissima claustra recludens . he is not bound whom christ hath made free ; he though shut close prisoner , chaind , remains still free , a godly man's at large in every place , still cheerefull , well content , in blessed case , vnconquer'd ; he a secret heaven still beares about within his brest , which sad things cheares , dispells his blackest cloudes of griefe , off shakes his chaines ; and closest prisons open makes . 5. vincula non animam cohibent , haud carcere clusam : sidera transvolitat , terram , mare , cuncta pererrat alipes , immensi fines transcendit olympi ; limit is impations , arctari nescia mundi cancellis ; tantum requiescens numine vaste ; seeurus , placidusque piis , vel turbine , pertus ; no bands the soule of man can once restraine ; no prison it inclose , nor yet containe ; it soares above the starres , and swiftly flyes o're earth , sea , all things ; mounts beyond the skies , and bounds of the vast heav'ns , impatient of limits , ignorant how to be pent within the rayles of this whole world ; onely resting within the boundlesse deity ; a secure , pleasant harbour to godly men , even in a storme of misery . 6. vincula quid trepidas ? quid tela minantia ? flammas , vulnera ? quid rabidi tormenta , crucesve tyranni ? aspera pro christo , dulcissima ; qui diadema vincenti statuit , lignique cruore paravit . scenicaturba choros , spectacula , tympana , mimes , ludicra stuprosis celebret , spectetque theatris ; vincula christicolae , mutilatio , stigmata , furcae gaudia plura ferunt , cumulataque praemia condunt . histrio , scena , iocus , saltatio , mascara , cantus , risus sardonicos generant , fictosque cachinuos . cordolium verum , gemitus morsusque perennes : dulcia post tristant , peramara salute coronant . why fearst thou bonds ? why threatnings ? weapons ? fires ? wounds ? why the torments , crosses or the ires of raging tyrants ? sith the sharpest things we undergoe for christ , most sweetnes brings . who hath prepar'd and purchased for him who * overcomes , a glorious diadem by the blood of his crosse . let then the crue of stage frequenters celebrate , and view playes , dances , pastimes , players , sports in base and filthy theaters , where growes no grace . chaines , mutilations , pillories , brandes bring , to godly christians farre more joyes , heaping most large rewards upon them . players , playes , jests , dancing , maskes , songs , generate alwayes but deadly laughters , feigned shoutes ; * true griefe , sighes , lasting gripes of conscience , past reliefe . sweet worldly pleasures still in * sadnesse cease ; when * bitterest sufferings bring crownes , safety , peace . 7. anlicus imbellis gemmis , dominaeque capillis auriculas onerat , magnoque decore venustat , stigma , cicatrices , mutilatio pulchrius aures christigenae decorant , radiisque micantibus ornant , o decus eximium referentia vulnera christum : talibus insignis superis peramatus abibis . th'unmanly courtier with his mistresse haire , and jewels , lades his eares , to make them faire . when as brands , scarres , and croppings sarre more dight a christians eares , and make them shine more bright . o matchlesse glory , woundes which christ expresse ! adorn'd with these , gods love thou shalt possesse . 8. passio coelipetis alpha , at solamen omega : principium lachrymis decoratur : meta , triumphis . suffering 's their alpha who to heaven tend ; but joy is their omega finall end ; their entrance is adorn'd with teares of woe , their end with triumphs , which then griefes outgo . 9. nil crus sentit in nervo , si anima sit in coelo . the legg feeles nothing in the stockes , if the soule , minde , affections in heav'n placed be . 10. non timet in carcerem qui scit contemnere libertatem , vitam , voluptatem , famam : cui mundus ergastulum , terra exilium , dens habitaeulum , mors solatium . he feares no prison who knowes to despise freedome , life , pleasure , fame , which others prise : to whom this world 's a prison ; earth , a place of exile , god , a mansion ; death , solace . 11. servus christi etiam in vinculis , liber . servus peccati etiam in summa libertate captivus . christs servants even in prison are still free : sinnes , in the greatest freedome , captives bee . 12. nil corpus patitur in ergastulo , si animus sit in coelo . the body suffers nought in prison , when the mind it selfe is lodged in heaven . 13. quid coelum sine deo , nisi barathrum ? quid barathum cum deo nisi coelum ? what 's heav'n without god but a very hell ? what 's hell but a heav'n , if god once there dwell ? 14. nullibi inearteratur , qui ubique in christo liberatur : nunquam dejicitur , qui semper à jehova sustentatur . he in no place can once imprisoned be , who in all places is * by christ set free : he never is * dejected , who alway hath great iehovah for his prop and stay . 15. nusquam solus qui ubique cum deo ; nunquam miser qui semper cum christo , he never is alone , who every where hath god himselfe , him company to beare , he never can be miserable , who is alwayes with christ , who doth with him goe . 16. vbi deus adest . ibi non est carcer , sed paradisus ; non ergastulum , sed palatium ; non barathrum , sed coelum . where god is present , there no prison is , but a sweet paradise of joy and blisse ; no bridewell , but a palace ; no darke cell , but a bright heaven , where all comforts dwell . 17. carcer probat amicos , detegit inimicos ; excludit mundum , includit deum : alit virtutes , extinguit libidines , edocet temperantiam ; cohibet luxuriam ; mortificat earnem , sanctificat hominem ; ingenerat gratiam , the saurizat gloriam . a prison tries mens friends , detects their foes . shuts out the world , god to men doth inclose ; nourisheth vertues , lusts extinguisheth ; temperance teacheth , riot restraineth , quite kills the flesh , but makes the man holy ; ingenders grace , * and treasures up glory . 18 turris christianos fideles fictè incarcerat , verè liberat , vnicum dulcissimum christi lugum , [ cui subjugari est perfectè manumitti ] imponendo : multiplicia gravissimaque carnis , peccati , mundi , diaboli vincula [ quibus ill● queari , est certissimè captivari , ) discutiendo . the tower true faithfull christians feinedly imprisons , but them sets free verily , by putting on them christs sweet yoake onely , to which to be subjected , is truely to be enfranchised ; by shaking off the manifold , and most heavy chaines of the flesh , sinne , world , di'le ; in which for to lye insnarde , is to be captiv'd certainely . 19. turris plurimis spectaculum , multis habitaculum : nonnullis refugium ; aliis divers●rium ; regi palatium ; regno gazophylacium , armamentarium , propugnaculum , monetarium : vinctis piis , oratorium ; papisticis , purgatorium ; clausis , monasterium ; innoxiis , hospitium ; reis , ergastulum ; literatis , musaeum ; ebriosis , oenopolium ; proditoriis , macellum . the tower is to most , a spectacle ; to many its a house , wherein they dwell ; to some a refuge ; others , a lodging ; a royall pallace , it is to the king ; vnto the kingdome it 's a treasury , armory , bulwarke , mint : an oratory to godly prisoners ; but a purgatory to popish ; to close ones , a monast'ry ; to guiltlesse ones , it 's an inne ; to guilty a bridewell ; to learn'd ones , it 's a study ; to idle ones a dormitory ; to drunkards , a tipling-house them to undoe ; to traytors it 's a shambles , where their head and quarters hang , when they are but chered . on his exile into iersy isle . why should this exile me grieve , discontent , si●h this whole world 's a place of banishment ? and men as truely exiles are at home , as in the strangest clime to which they come ? are not god , christ , grace , heav'n to us as nigh in forraigne parts , as in our own country ? yea ; and oft times more neare : this true to be by * abraham , iacob , ioseph , all may see , i will not then flye , feare my banishment . but in it joy , and take most sweet content , sith god will me protect , * restore againe , or else translate to heav'n , with him to reigne , mine onely proper * country , wherein i shall live a free-man for eternity , in spite of my arch-fees ; whom i shall see . exild , * imprison'd , and my selfe set free . 20. dens turris etiam in turre : turris libertatis consolationis quietis , fa licitatis honoris splendoris securitatis salutis spei gaudii pacis protectionis gratiae vitae gloria in turre angustiae ; tristitiae ; molestiae ; miseriae ; dedecoris , obscuritatis perturbationis , perditionis , desperationis afflictionis , belli ; periculi , peccatl ; mortis , perpessionis . god is a * tower in the tower . a tower of lberty , in the tower of restraint ; a tower of comfort , jollity in the tower of sadnesse ; a tower of sweetest quietnesse in the tower of trouble ; a tower of blested happinesse , in the tower of misery ; a tower of honour , dignity in the tower of disgrace ; a tower of bright excellency in the tower of darknes ; a tower of strong security in the tower of danger ; a tower of health and true safety in the tower of sicknesse ; a tower of hope and good successe in the tower of despaire ; a tower of joy and cheerefulnesse in the tower of sorrow ; a tower of peace and union in the tower of fierce war : a tower of safe protection in the tower of perill ; a tower of grace and piety in the tower of vile sinne ; a tower of life , eternity in the tower of grim death ; a tower of glory and great praise , in the tower of suffring : such tower god proves to his alwayes . 21. deus turris . 1. protegendo ; a malis , in malis , contra malos , inter malos , vbique , tutissimè , fortissimè , gratiosissimè , 2. consolando , in malis , semper , abundanter , suavissimè ; 3. eripiendo , a malis citò tempestivè potentissimé mortalium proculdubiò beatissimus , qui mundi exul . christique ●aptivus , turri isti tutissimae , jucundissimae , optimae , maximae perpetuò ( dum vixerit ) adjuaicatur . salvò certè custoditur , qui non solùm à deo , sed in deo conservatur : arctari non potest , qui ipsa dei infinitate ( incarceratus ) spatiatur . ita eminatur galielmas prynne : martij 3. 1633. god is a tower by protecting all his saints from ills , in ills which them befall ; against , amidst ill men in every place , most safely , strongly out of his meere grace ; by comforting them in adversity alwayes , most sweetly , most abundantly : by fr●eing them from evills speedily , in the best time , and that most potently : no doubt he is the happiest man alive , who this worlds exile , and christs deare captive , is during life adjudg'd perpetually in this most safe , sweet , best great'st tower to lye . he is truely kept safely , who both by and in god is preserv'd continually : he cannot straitned be , who walkes freely ( whiles prisoner ) in gods vast infinity . o this opinion william prynne was the third day of march , six hundred thirty three . sentences of scripture there likewise written . psal. 69. 33. the lord heareth the poore , and despiseth not his prisoners . psal. 146. 7 , 8. the lord looseth the prisoners ; the lord raiseth those that are bowed downe . phil. 4. 11 , 12 , 13. i have learned in whatsoever state i am , therewith to bee content , i know both how to be abased , and i know how to abound : every where , and in all things i am instructed , both to bee full , and to bee hungry ; both to abound , and to suffer need : i can doe all things through christ , which strengthneth mee . psal. 34. 17. 19. 22. the righteous cry , and the lord heareth , and delivereth them out of all their troubles . many are the afflictions of the righteous , but the lord delivereth him out of them all ; the lord redeemeth the soule of his servants , and none of them that trust in him , shall be desolate . psal. 37. 23 , 24. 37 , 38 , 39 , 40. the steps of a good man are ordered by the lord , and hee delighteth in his way : though hee fall , hee shall not be utterly cast downe , for the lord upholdeth him with his hand : marke the perfect man , and behold the upright : for the end of that man is peace . but the transgressours shall bee destroyed together , the end of the wicked shall bee cut off : but the salvation of the righteous is of the lord , hee is their strength in the time of trouble . and the lord shall help them and deliver them : hee shall deliver them from the wicked , and save them , because they trust in him . psal. 71. 19 , 20 , 21 , 22 , 23 , 24. thy righteousnesse also o god , is very high , who hast done great things , o god who is like to thee ? thou which hast shewed me great and sore troubles , shalt quicken mee againe , and shalt bring mee up againe from the depthes of the earth . thou shalt encrease my greatnesse , and comfort me on every side . i will also praise thee , with the psaltery even thy truth : o my god unto thee will i sing with the harpe , o thou holy one of israel : my lips shall greatly rejoyce when i sing unto thee : and my soule which thou hast redeemed : my tongue also shall talke of thy righteousnesse all the day long : for they are confounded , for they are brought unto shame that seeke my hurt . micah : 7 , 6 , 7 , 8 , 9 , 10. a mans enemies are the men of his owne house : therefore i will looke unto the lord ; i will waite for the god of my salvation , my god will heare mee : rejoyce not against me ô mine enemy : when i fall , i shall arise : when i sit in darknesse , the lord shall bee a light unto mee . i will beare the indignation of the lord , because i have finned against him , untill hee plead my cause and execute judgement for mee , hee will bring me forth to the light , and i shall behold his righteousnesse . then shee that is mine enemy shall see it , and shame shall cover her which said unto mee , where is the lord thy god ? mine eyes shall behold her , now shall she be troden downe , as the mire of the streets . on his suffrings on the pillory . christ for * mysake , sinnes , and redemption from hell and endlesse torments ; sufferedon the * crosse , a shamefull , cursed death , with all alacrity , joy , promptitude : and shall i not for his sake then most cheerefully both stand , and suffer on the pillory , without all blush , or feare ? since 't is no shame , but * honour , thus to suffer for christs name . verses made by w. prynne , as he returned by water to the tower after his last sufferings , upon his stigmatizing . s. l. stigmata laudis . stigmata maxillis referens , insignia laudis , exultans remeo , victima grata deo. bearing lands stamps on my cheekes , i retire triumphing , gods sweet sacrifice through fire . on his returne from exile . foes sent me hence , but god , and his saints cryes have brought me back , 't is wondrous in all eyes . no exiles , prisons , chaines , powers can detaine those whom god will recall , free , raise againe . isay . 51. 11. 14. c. 41. 5 , 6. the redeemed of the lord shall returne , and come with singing unto zion , and everlasting joy shall be upon their head ; they shall obtaine gladnesse and joy ; and sorrow and mourning shall flee away . the captive exile hastneth , that hee may be loosed , and that he should not dye in the pit , nor that his bread should faile . feare not , for i am with thee , i will bring thy seed from the east , and gather thee from the west , i will say to , the north , give up ; and to the south , keep not backe ; bring my sonnes from farre , and my daughters from the ends of the earth . fjnjs . errata . in the epistle v. i. it were , r. t' were p. 2. l. 32. the r. he p. 3. l. 8. he 's , r he the verses p. 9. of his exile into jersy , should have come in p. 15. after stigmata laudis . notes, typically marginal, from the original text notes for div a70863e-750 oan . 20. 19. john 20 : 19. notes for div a70863e-1490 rev. 2. 7. 11. 17. 21. c. 3. 5. 12. 21. c. 21. 7. 2 tim. 1. 7. 8. * rev. 2. 7. 11. 17. 21. c. 3. 5. 12. 21. e 21. 7. 2 tim. 4. 7. 8. * ●●m 4. 9. 1 c. 5. 1. * pro. 14. 13. * 2 cor. 4. 17. 2. tim. 2. 12. notes for div a70863e-2730 * joh. 8. 36. gal. 5. 1. * psal. 37. 24. notes for div a70863e-3160 * 2 cor. 4. 17. 2 tim. 4. 8. notes for div a70863e-3470 ( 1 ) levil . 25. 23. psal. 39. 12. psal. 119. 19 2 chron : 29 15. heb. 11. 13 1 pet. 2. 11. * gen. 12. 28. to 48. act. 7. 3. to 17. heb. 11. 8. * isay 41. 5. 6. * heb. 11. 14. 16. * prov. 11. 8. c. 21 18. c. 12. 13. notes for div a70863e-4060 * psal. 18. 2. psal. 1. 3. psal. 144. 2. notes for div a70863e-5810 * i say 53. 4. 5. 6. 8. 10. rom 4. 25. 1 cor. 15. 3 1 pet. 2. 24. * heb. 12. 2. c. 13. 12 12. gal. 3. 13. phil. 2. 8. * phil. 1. 29 2 tim. 2. 12. rev. 7. 13. to 17. lame giles his haultings. or, a briefe survey of giles widdovves his confutation of an appendix, concerning bowing at the name of iesus together with a short relation of the popish originall and progresse of this groundlesse novell ceremony: wherein mr. widdovves his manifold forgeries, oversights, and absurdities are in part detected; and the point, of bowing at the name of iesus, together with that, of cringing to altars and communion-tables, is now more largely discussed. by vvilliam prynne, an vtter-barrester of lincolnes inne. prynne, william, 1600-1669. 1630 approx. 183 kb of xml-encoded text transcribed from 35 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a10188 stc 20465 estc s120668 99855863 99855863 21371 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a10188) transcribed from: (early english books online ; image set 21371) images scanned from microfilm: (early english books, 1475-1640 ; 1214:14) lame giles his haultings. or, a briefe survey of giles widdovves his confutation of an appendix, concerning bowing at the name of iesus together with a short relation of the popish originall and progresse of this groundlesse novell ceremony: wherein mr. widdovves his manifold forgeries, oversights, and absurdities are in part detected; and the point, of bowing at the name of iesus, together with that, of cringing to altars and communion-tables, is now more largely discussed. by vvilliam prynne, an vtter-barrester of lincolnes inne. prynne, william, 1600-1669. [2], 47, [1]; 18 p. imprinted for giles widdowes [i.e. matthew sparke], [london?] : mdcxxx. [1630] a reply to: widdowes, giles. the lawlesse kneelesse schismaticall puritan. the imprint is false; in fact printed for matthew sparke (stc). "a short relation of the true beginning, and progresse, of bowing at the name of iesus" (caption title) has separate pagination and register. reproduction of the original in the henry e. huntington library and art gallery. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng widdowes, giles, 1558?-1645. -lawlesse kneelesse schismaticall puritan -controversial literature -early works to 1800. posture in worship -early works to 1800. 2002-03 tcp assigned for keying and markup 2002-04 aptara keyed and coded from proquest page images 2002-05 tcp staff (michigan) sampled and proofread 2002-05 mona logarbo text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion lame giles his havltings or , a briefe svrvey of giles widdovves his confutation of an appendix , concerning bowing at the name of iesus . together with a short relation of the popish originall and progresse of this groundlesse novell ceremony : wherein mr. widdovves his manifold forgeries , oversights , and absurdities are in part detected ; and the point , of bowing at the name of iesus , together with that , of cringing to altars and communion-tables , is now more largely discussed . by vvilliam prynne , an vtter-barrester of lincolnes inne . proverbs 26. 3. 5. a whip for the horse , a bridle for the asse , and a rod for the fooles backe . answer a foole according to his folly , lest he be wise in his owne conceit . horatius sermonum lib. 2. satyr . 3. o major tandem parcas insane minori . imprinted for giles widdowes , mdcxxx . to his much honoured mother , the famous vnparalleld vniversity of oxford , william prynne , an vtter-barrester of lincolnes inne , wisheth all grace , honour , happinesse , and tranquility . most illustrious , most renowned foster-mother , ( if it may be lawfull for me , a quondam-sonne of yours , even now to stile you so ; ) the tender regard i have of your unspotted fame , hath enforced me , out of my filiall duty , to acquaint you with some notorious errours , and more than ridiculous oversights of an individuum-vagum-sonne of yours , come forth in print of late under your authority , as same ( i hope a but lying ) hath reported ; which if you correct not in due season , ( as i presume you will ) are like to make the world beleeve , that ignoramus , to b avoid the plague , hath fled from cambridge unto oxford , this vacation ; and that you have given him , not onely entertainment , but a new commission , both to pen , to print , to act , and publish to the world , his * second part . this sonne of yours , which i meane , is one giles widdowes , a c poore haulting widdow in truth for braines aud learning , of which hee never had two mites : of whom i cannot say as d festus did of paul , that too much learning did make him * mad , but want of wit. these errours and oversights of his , with which i here acquaint you , are contained in a new divulged booke , much like the authour ; intituled , the lawlesse kneelesse schismaticall puritan , &c. in confutation of which , i neede say no more to such as know him , but , that giles widdowes rectour of st. martins church in oxford , was the authour ; for whose use alone , ( if wee may beleeve the title ) it is imprinted , there being nothing in it fit for other mens use , unlesse it be to make them laugh these winter-nights . it was my chance in my late passage through oxford towards london , to heare , that this ridiculous pamphlet , ( which made mirth enough in writing ) was newly preferred ( and that by publike license ) to the presse , to make the authour of it ( no simple ignoramus ) a foole in print . whereupon i repaired to the printing-house , where i found the written copie , ( which i onely turned over , not perused ) so mangled , so interlined and razed by mr. * page , and others who perused it before its approbation , that there was scarce one page in all the coppie , in which there were not severall written errours , absurdities and impertinencies quite expunged ; and if all of them had had the signe of the crosse upon their faces , as well as some , the printer questionlesse should have had no worke when i beheld so many errours crossed in the written coppy , ( perchance to please the authour , who in his * booke hath made the signe of the crosse a necessary ceremony , he meanes ( i take it ) for to crosse out his oversights ; ) i expected none at all in the printed pages ; on which i had no sooner cast mine eyes , but i espied divers bedlam errours , and those so grosse , that i thought such visible notorious malefactours ( whose very faces did proclaime their guiltinesse , though their tongues were mute ) could never passe through an vniversity presse , and not be pressed quite to death . whereupon taking pitty on the crazie authour , with whose many knowne infirmities i was of olde experimentally acquainted , whiles i was a resident in oriell colledge ; and withall compassionating the oversight of the licenser , who for feare of crossing out all the booke , ( as hee had crossed out very much ) permitted such foule grosse errataes to passe uncrossed ; ( perchance because the anti-puritan authour was here turn'd puritan , * in good earnest , and would not suffer these infants of his pure braine to be baptized with the crosse , for which hee deserves a censure : ) for the anticipation of that great scandal & disreputation which i presaged might light on you , deare mother , for giving the least shew of approbation 〈◊〉 ridiculous erronious toyes as these ; as soone as i arrived at london , i wrote two letters , the one to your present vice-chancellour ; the other to your sonne , giles widdowes . wherein i informed them privately of these ignorant absurd mistakes , which were like to fly abroad in print ; advising them to correct them in due season , before they were divulged , for feare they should eclipse your honour , and blurre their owne repute . the copies of which letters i shall here set downe , that so your selfe and others may take notice , how fairely , how sincerely i have dealt both with you and them ; and so see what cause i have to write thus to you in print , to cleare both my owne and your reputation . the letter i wrote to mr. vice-chancellour , ( in which i inclosed a short survey of mr. widdowes his errours , in this his confutation of my appendix , was this . sir , the reverend respect i beare unto my much honoured mother , the vniversity of oxford , and to your selfe as her vice-chancellour , hath induced me to present you with the inclosed short survey of mr. widdowes his answer to my appendix , authorized by you for the presse , ( as friends informe me ) through which it hath well-nigh passed : in which there are so many grosse mistakes ; so many false , absurd , impertinent quotations ; so many illiterate , ridiculous brainsicke passages , exposing the frenticke authour to the lash , if not your selfe the licenser , and the vniversity her selfe ( whose vice-chancellour 〈◊〉 ●●thorized , and whose sonne hath penned , hath published so vaine erronious a booke ) to unexpiable disgrace : that though they give an infinite advantage to my cause , ( which needes no patron but it selfe ; ) yet i have chosen rather to advise you privately as a friend , in time for to correct them before they flie abroad , in print , then to hazard your owne , or the vniversities reputation , in suppressing , in repenting the publication of them , when it is too late . for mine owne part , i desire not to crush mr. widdowes his infant in the cradle , as though i feared it , there being nothing in it worthy the presse , much lesse a reply : but my desire is to conceale his knowne weaknesse , ( if not the vniversities and your owne oversight ) by a timely discovery of his authorized grosse mistakes ; which if they should take printed wings , and fly about , ( as they are almost ready to forsake their nest ) i shall be forced in my owne defence , to passe such a publike censure on them , as will not onely scare the oft distracted authour out of his crazy wits , but draw perchance some blot of disreputation on your selfe , who should not suffer such cackling ●●raying wild-geese as these , to fly cum privilegio from our oxford presses . thus referring this short inclosed survey of a whole field of tares , and wild-oates , ( which i would wish you to mow downe in time ) unto your grave consideration ; i commend you with my best well-wishes unto gods direction : resting lincolnes inne . october 20. 1630. the unfained tenderer of your owne , and the vniversity of oxfords reputation , william prynne . the survey inclosed in this my letter , ( which i shall now intitle , lame giles his haultings ; or , the brainlesse all-knee superstitious anti-puritan ) was this which followeth . a briefe survey of mr. giles widdowes his answer to mr. prynne his appendix . in this answer of m. widdowes , i shall desire you to consider these sixe particulars . first , his injurious imputation of many false quotations to me , which quotations are all true . to instance in some few . page 5 : he writes in generall ; a that i have falsified 15 , nay 36 scriptures , and fourescore primitive fathers and others . whereas hee can never prove , that i have falsified one of them : the most of the fathers and authours quoted in my appendix hee never as yet so 〈◊〉 as read ; to conclude then that i have falsified them 〈◊〉 ever he hath viewed them , is but an over-auda 〈…〉 censure , yea a forged calumnie ; as may app●●●●●● these particular instances . page 16 : he taxeth me for misquoting calvin on phil : 29 , 10. asfirming ; b that calvin makes no mention of the sorbonists in this place of his . vvhereas if he will be pleased to use the helpe of his spectacles to review his oversight , he shall finde calvin writing thus of the sorbonists in that very place . plusquam ridiculi sunt sorbonici sophistae , qui ex praesenti loco colligunt , genu flectendum esse , quoties nomen iesu pronunciatur , quasi vox esset magica , quae totam in sono vim haberet inclusam . vvhich saying of calvin is repeated and approved by marlorat on phil : 2 , 9 , 10. in the same 16 page , ô ridiculous ignorance ! he blames me for misquoting the magdeburgian centuries : in the 2. cent : cap : 5 : where there is nothing concerning bowing at the name of iesus , no mention of the sorbonists : vvhen as * my quotation in my appendix , is dr. willets synopsis papismi : ( which is divided into centuries ) century 2. error . 51. vvhere dr. willet handles this point of bowing at the name of iesus , by way of appendix ; condemning it for a popish errour , a superstitious custome contrary to their owne popish canons and decrees . an authority which mr. widdowes can never answer . in the 17 page , he writes ; that page 398 , and 399. of dr. whitaker his answer to mr. william rainolds refutation , are false quotations . but if mr. widdowes , or any man else will be pleased to peruse this answer of dr. whitakers , printed at cambridge by iohn legat , anno 159● , p : 398 , 399. ( the impression which i followed in my appendix ) hee shall finde the quotation true both for page and matter ; and dr. whitakers opinion point-blanke against the very bowing at the name of iesus onely , which ( saith he ) may breede a more dangerous errour than any it can remove , to wit , that iesus is better than christ , which is wicked to imagine . page 21 : he censures me for injuring pope gregory the 10 : and that in two particulars : first , for misquoting , secondly , for perverting his words . the misquoting is , of sexti decretalia , lib : 2 , tit : 23 , cap : 2 : for lib : 3 : de immunitate ecclesiae , cap : decet : 6. the perverting is in my putting of onely , for chiefly . for the misquotation , if it please mr. widdowes to survey my anti-arminianisme , p : 193 , number 5 , in the margent ; he shall finde there , that i have quoted the booke right : for it is there , sexti decretalia , lib : 3 , tit : 23 , cap : 2 : and so it is in my appendix too , in most coppies ; if it be not so in his , let him blame the printer , not my selfe ; so that the booke is not misquoted by mee . and whereas mr. widdowes to correct my false quotation , writes ; that it is , lib : 3 , d de immunitate ecclesiae , cap : decet : 6 : i must needes informe him , that , de immunitate ecclesiae , hath reference not to lib : 3 : but to tit : 23. and for the chapter , it is cap : 2 : not cap : decet : 6. so that his correction is false , my quotation true . for the perverting of pope gregories words , i must needes reply , that i have not falsified pope gregories words , but mr. widdowes hath grossely misrecited mine : for whereas i write , that pope gregory enjoynes men to bowe [ especially ] at the masse ; mr. widdowes would thrust in , onely at the masse : so that mr. widdowes grossely injures me ( not i pope gregory ) in these and sundry other particulars of this nature , which for brevity sake i here omit . secondly , his falsifying and grosse mistake of councels , fathers , and other authorities alledged by him in his answer , to justifie the bowing at the name of iesus . for instance in all the councels , and fathers , which he quotes for the antiquity of this duty . page 22. to bowe at the name of iesus is the 20. canon of the councel of nice : whereas that canon onely enjoynes men e to pray standing , ( not kneeling ) betweene easter and whitsontide , and on every lords day , in token of christs resurrection . page 23. the councell of ephesus consisting of 200 bishops against nestorius , hath inserted bowing at the name of iesus among their acts. so binius : tom : 1 : cap : 5 : p : f 685 : i here being no such thing in binius , nor in that ephesine councell , which commands men onely , to worship iesus with the worship of god : but not to bowe their knees at the mention of his name ; which they doe not at the recitall of the name of god. page 21. hee quotes cyril of alexandria , for this bowing : and what are his words ? adoramus emanuelem , &c. ergo , wee must bowe at the name of iesus : a strange inconsequent : ergo wee must bowe at the name emmanuel , ( which none ever doe ) had beene farre better . in the same page , he quotes athanasius to adelphius pag : * 69. and what are his words ? ideo adoravit , &c. athanasius speakes it of rerum natura , when the rockes did cleave , &c. at the passion of christ : mr. widdowes applies it to the church , in bowing at the name of iesus : a grosse mistake . page 22 : he quotes st. hierom on esay c : 45. for bowing at the name of iesus . what are his words ? moris est ecclesiastici , &c. ( i will adde the concealed words to make some sence ) christo genu flectere : it is an ecclesiasticall use to pray kneeling to christ : ergo to bow at the name of iesus . risum teneatis amici ? is not this more ridiculous then ignoramus ? page 16 , 17. he misquoteth calvin , marlorat , the centuries , mr. cartwright , and dr. whitaker , who all conclude against him in this point of bowing . thirdly , the ridiculous absurdity of his quotations , and his inferences from them : for example , page 22. he quotes the 20 , canon of the councel of nice , from which hee must argue thus : the councel of nice commands men to pray standing ( not kneeling ) on lords-dayes , & on pentecost , in g remembrance of christs resurrectiō : ergo to bow at the name of iesus . page 23. hee quotes the councel of ephesus ; from whence he thus disputes : the councel of ephesus enjoynes men to worshippe christ crucified , as god : ergo to bow at the name of iesus . the like inferences he brings from cyrill athanasius , hierom , calvin , the centurists , dr. whitaker , and others : page 16 , 17 , 21 , 22 : ( and so page 40 to 47. ) all these accord , that christ must be adored , because hee is god : ergo we must bow at the name of iesus . were ever such consequents heard from an vniversity man , a logician , a * metaphysicall divine , who is better acquainted with essentialls , essentiates , and their modalities , ( as it seemes by his 2 , 3 , 13 and 14 pages ) then with the question now in controversie , or with any article of his creed ? fourthly , the tautologies , chasmes , confusion , ill-connexion , and immethodicall disorder of his stile , his matter , which hath no more dependancy , order , art , or method , then tom coriots travells , or lady davis her comment upon daniel , whose halting stile lame giles hath followed . fifthly , his vaine idle tearmes of art , brought in by head and shoulders , to make schollers thinke hee were once more frentique , or country clownes beleeve hee were some conjurer : vvitnesse his essentialls , essentiates , and their modalities , which have confounded the fanatique professour , ( to wit the authour ) and overthrowne his chaire : page 2 , 3 : his reall morall correlation , his internall relations , entities , causations , inherence , products , and mutuall dependence , &c : which mr. prynne understands not : page 14 , nor yet mr , widdowes himselfe as i suppose ; if his braines be now as crazie as i have knowne them . sixthly , his absurd invective scurrilous railing passages against the church and doctrine of * geneva , which doctrine is the same with ours : page 6 , 7. a passage so vile , so venemous , that it deserves at least the ferula , if not the rod of his mother vniversity , who would blush to authorize such absurdities , such lies , such passages and frentique treatises for the presse , as these . ex ungue leonem ; by this short survey of some few pages , you may judge of all this animals book , how false , how vaine it is . this ( my deare mother ) was the survey of some few printed pages of mr. widdowes his confutation , which i sent inclosed in my letrer to your vice-chancellour , who had time enough to correct them , to suppresse them ere the booke came forth . at the very selfesame time i wrote another friendly letter to mr. widdowes , in which i admonished him of these his oversights , advising him to correct them ere his confutation came to publike light ; the contents of which letter● ( that so you may see my condour towards him , who is so full of causelesse gall and bitternes towards me ) i have here subscribed . mr. widdowes , i understand that your answer to my appendix , about bowing at the name of iesus , is almost finished at the presse ; in which answer of your● there are sundry false quotations , inconsequents , oversights , and grosse mistakes , which for colledge and old-acquaintance sake i thought good to admonish you of in time , that so you might correct them before you publish them to the world , for feare of after-claps . it is not the common use of adverse writers , to acquaint one another privately with their slips before hand ; but my love and mildnesse towards you is such , in regard wee were once fellow-collegians , that i would rather anticipate , than take advantage of your errours . mistake me not , as though i wrote this to you to * suppresse your answer : alas , it 's so illiterate , so absurdly impertinent in most things , that i rather pitty than feare it : my onely meaning is , to forestall your printed oversights , ( not your answer : ) which are so many , so absurd , that most will deeme you crackt-braind when you penned , if not the licenser hare-braind when hee authorized them . what these your misquotations , oversights , and absurdities are , you may learne from mr. vice-chancellour , to whom i have now sent a survey of them , which i would wish you to peruse . to give you a touch of some of them in a word : dictum sapienti sat est . page 16. you taxe me for misquoting the magdeburgian centuries , when as i quote not them , but dr. willets 2. century of popish errors : error : 51. page 17. you censure me for misquoting dr. whitaker : p : 398 , 399 : which quotation is true in that edition of cambridge : 1590 : which i follow . page 16 : you reprehend me for misquoting calvin on phil : 2 : 9 , 10 : as if he made there no mention of the sorbonists ; as in truth he doth . page 22. you vouch the 20 cannon of the councell of nice , which commands men to pray standing on lords-dayes and pentecoft , as a direct authority for bowing at the name of iesus . page 21 , 22 , 23. you absurdly misapply the passages you quote out of the councell of ephesus , cyril , athanasius , hierom , and others , to bowing at the name of iesus , when as their words import not any such thing , as you may see , if you will but peruse them once againe . these few , together with an hundred such like oversights , which i spare to mention , are sufficient to informe you , how open you lie unto my lash , which you may chance to feele , if you will needes make your selfe an ignoramus , or a foole in print . stripes are prepared for the backe of fooles , prov : 19 , 29 : and i have some in store for you , if you expunge not these your errors ere they come to publicke light . lo , i have forewarned you as a private friend , and if you take not this my warning ; you must excuse me if i fall foule upon these your oversights as an open adversary . thus much for your bowing . for your schismaticall puritan , which you strive to justifie in your first and second pages . i must informe you of 4 mistakes committed in it : the first is in the very definition of a puritan , which most besides your selfe define to be , not , a protestant non-conformist , as you ; but , * a protestant scared out of his * wits : and how neare this definition may concerne your selfe , and whether it makes not you , at least a simple , if not a * double puritan , i leave you to consider . the second is in the genus of a puritan ; which you make a protestant , but falsly , yea absurdly ; since a protestant is not the genus of novatians , catherists , donatists , or papists ; ( who were never yet reputed protestants , and were long before the name of protestants was knowne ; ) who yet are true and reall puritans both by your owne and others confession . the third is in the differentia essentialis of a puritan ; which , say you , is a nonconformist : which difference , as it excludes all papists from being puritans , because they are most conformable to any ceremonies , especially to this , of bowing at the name of iesus ; ( which contradicts your first species of a puritan , in which you include the papist : ) so it makes all forraigne reformed churches , puritans , ( which i hope you dare not say ) they being not conformable to our cerememonies : and withall it thwarts bishop mountagues distinction , of conformable and inconformable puritans : of puritans in doctrine , not in discipline : of * tantum non in episcopat● puritani : and i hope you dare not controll this learned bishop . the fourth , is in the species of a puritan ; which say you are ten ; there being ten severall * puritanities : but this is onely endymionis somnium . for the perfectist , the first species ; which say you is the novatian catherist and papist , are no protestants ; ergo no species of a paritan , whose genus you make a protestant . moreover , the brownists and anabaptists ( to omit the other severall species of puritans , which have no specificall difference betweene them ) are no protestants , neither in doctrine , nor in discipline : protestants disclaime them , and they protestants , from whom they sever and divide themselves even altogether : therefore they are no puritans , because no protestants . these severall oversights i thought good to recommend to your second & more refined sober thoughts ; which if you impudently publish to the world without fear or wit , before some caftigations passe upon thē , are as so many wandring bedlās very like to tast of the whipping-post : and i doubt not but their stripes will prove your smart . thus desiring your favorable acceptation of this my friendly admonition , together with the resolution of these ten queries in your reply to this my letter , or in some appendix to your answer : viz. what ancient fathers or authours can be produced to prove this bowing at the recitall of the name of iesus● a duty of the text , and what are their names ? what fathers or ancient records doe testifie , that bowing at the name of iesus was used in the primitive church ; and what are their words ? vvhat ancient authorities there are before zanchius , whitguift , or h●●ker , which testifie , that bowing at the name of iesus was used in the time of arrius ? vvhether there be any one father , who speakes directly and punctually of bowing at the name of iesus ; and who he is if any such there be ? vvhether popes , or popish councels and authours were not the first broachers , and chiefe propagatours of this ceremony ? what difference is there betweene papists and protestants bowing at the name of iesus , since protestants condemne them for this ceremony , and yet doe use it ? vvhat reasons are there , that men should bow onely at the name of iesus , more than at the name of saviour , which is the same with iesus ; or at the name of emmanuel , god , or the like ? why men should rather bow at the mention of the second than of the first person in the trinity , * since christ himselfe tells us , iohn 5 , 23 : that all men must honour the sonne , even as they honour the father , and no otherwise : and phil : 2 , 10 : informes us , that christ by this his exaltation is onely , in the glory ( as the fathers and others reade it ) not above the glory of god the father , at whose name none ever bow ? vvhether the sole bowing at the name of iesus , be not superstition in the opinion of dr. willet , dr. fulke , pareus , and other protestant vvriters ? and why men should rather bow at the pronunciation of the name of iesus , than at the sight of it in a bible , a wall , a glasse-window , or in the frontispice of a iesuites workes , before all which it is prefixed ; since at the name of iesus , may be as aptly applied to the eye , as to the eare ; to the sight , as to the sound or hearing of the name of iesus ? whether the not bowing at every recitall of the name of iesus in time of divine service be a sinne or no ? ( as it must needes be if it be a duty of the text : ) and why it should be a duty in time of divine service and sermons onely , ( in which of all other times it is most needlesse to expresse mens reverence , subjection , and high respect to iesus : because every part of divine service , especially * kneeling in prayer , prayers unto iesus , and in the name of iesus , are nothing else but an ample testimony of our service , thankfulnesse and subjection to him as our lord and saviour ) rather than a duty at other times , when men shew lesse reverence , and submission unto iesus ; and are more apt to abuse and profane his sacred name ? i take my farewell of you ; commending your errours to your owne castigation , and your selfe to mr. vice-chancellours better instruction : and so i rest lincolnes inne . october 20. 1630. your loving friend , william prynne● to these letters of mine i never yet received answer , though they were both delivered before this confutation was fully printed . which confutation now flying abroad without any castigations of these forequoted errors , notwithstanding these two letters , i thought it my duty with all convenient speede to acquaint your motherhood with them , with these two letters , and the inclosed briefe survey , that so you might the better discerne the * brazen-faced impudency of your sonne giles widdowes , who hath published these his errours to the world , to your disgrace , for all my friendly advice ; that so you may more justly tutour him at least , if not chastise him for these his frenticke oversights , which may draw a greater blurre upon your selfe , than ever they can cast on me , or him , whose reputation is so small , that he is not capable of disgrace . and now , deare mother , that you may know what cause you have in time to censure , to correct this untutered sonne of yours , ( whom you may doe well to set to schoole some twenty yeares longer , before you suffer him to print any more , at leastwise under your authoritie , which i suppose he hath now abused ; ) i shall desire you to take into your grave consideration , and then into your censure , these few ensuing particulars , which i have gleaned since his booke was published . to passe by his false quotations of 1 binius concil : tom : 1 , page 670 , for 671 : and page 685 , for 687. edit : coloniae agrip : 1608. of 2 athanasius to adelphius , pag 69 , for page 53 , 54 , edit : parisijs : 1608. of 3 irenaeus , page 51 , for page 38 , 39 , edit : basiliae , 1571. of 4 hilary , lib : 9 , de trin : p : 135 , for 64 , edit : colon : agrip : 1617. of 5 cyrill thesauri , l : 8 , p : 99 , for p : 190 , edit : parisijs 1604 : the editions in sir thomas bodlie his library , which mr. widdowes ( who hath exchanged all his bookes for cans ) hath followed : together with his quotation of 6 athanasius oratio 2. contra arianos , for lib : 3 , contra arianos , p : 101. vvhich perchance were onely errours of the printer , though they are not corrected : as are these for which he taxeth me : pag. 67 , viz * theophilact , for theophilus : st. cyril : lib : 17 , for lib : 11 , on st : iohn : and lib : 13 , for lib : 12 , thesauri : gaiae papae , for gaij : leo epist : decret : ep. 14 , 81 , & 95 : for 15 , 83 , & 97. aelredus sermo 1 , for sermo 3 : koming stein for koneigstein : the chapters and pages of all which are truly vouched . i shall remember you onely of these his following grosse mistakes . page 44 : he quotes origen on philip : 2 : there being no such booke of his now extant . page 67 : he taxeth me for quoting ambrosij hexaëmeron : ( ô the ridiculousnesse of this learned critique ! ) for hexameroon : vvhen as the printed titles both of * ambrose , and the latine * basil : are hexaëmeron ; as i have quoted them : not hexameroon ; there being no such latine word in any latine dictionary or authour that i have ever met with . ibid : page 67 : he writes ; that st. cyrils 5 lib : in hesai●●● cap : 55 , p : 362 : is a non ens ; when as in the verie edition of my cyril ( parisijs 1608 ) which himselfe doth follow , it is both ens and verum too . ibidem , he averres , that primasius saith nothing on rom : 14. yet he hath a commentary on that chapter ; and on the 11 verse he writes thus : omnes enim stabimus ante tribunal dei : deum esse christum qui judicaturus est non dubites : scriptum est enim , vivo ego , dicit dominus ; quoniam mihi flectetur et genu omenis lingua confitebitur , &c. vvhere this bowing of every knee to christ , is referred by this father to the day of judgement . ibidē , ( to shew himselfe more than an ordinary ignoramus ) he writes , that neither luther nor ferus hath a postil on palm-sunday . vvhen as luther ( as you may find in his editiō of postils : argētorati , 1533 , fol : 229 , &c. ) hath 3 several postils on palm-sunday ; & ferus hath no lesse then 10 postills on that very day : vvitnesse his postillae , pars 2. antwerpiae 1554 : fol : 156 : to 184 : & lugduni 1554 : fol : 849 to 896. that ferus nor luther then have no postills on palme-sunday , when as they have 13 at the least , is a part of the antipuritans * legend , worthy to be registred in * st. whetstones workes , in which mr. widdowes ( as it seemes by this ) is too well read . ibidem , he records , that mr. tyndall hath nothing but a prologue on the philippians : whereas in his english bible , which the statute of 34 & 35 h. 8 , c : 1 : doth mention ; he hath notes upon this very text of phil : 2 : 9 : 10 : ( which mr. widdowes it seemes hath never read ) where hee makes the subjection of all things unto christ at last , the onely bowing at the name of iesus intended in that text. ibidem , he concludes , that because petrus mattheus writes the 〈◊〉 of the popes constitutions , and philip matthaeus writes civil law ; ergo there is no such booke as matthaeus his postills , which i have quoted : vvhereas if he had but viewed the very two first lines of the selfe-same * pag. of the oxford catalogue , out of which he hath quoted petr : and phil : matthaeus , hee might have found iohannes matthaeus his postills , in epistolas dominicales viteburgae : 1581 : reimprinted . viteburgae 1584 : where there is at p : 173 : to 179 : ( if mr. widdowes understands what dominica palmarum , is in english ) a postill on palme-sunday . besides him there is one m. matthaeus iudex , who hath written postills on all the dominicall epistles , and * on the epistle on palme-sunday too : printed islebij 1578 : both these interpret this text of the philippians , as i have vouched them . for this learned * metaphysicall divine then to conclude , that there is no such booke , as matthaeus his postils , because phil : and petr : matthaeus have writ none such , is but the grosse nonsequel of a silly ignoramus , who should have known more , and written lesse . ibidem , he writes , that chytraeus hath no postills : ( for he takes no holde that i can finde , of chrytaeus , for chytraeus , which was but the printers transposition of one letter . ) indeede there are no such postils of his in the oxford catalogue ; and thence grew this errour , with that of luthers and ferus not having postils too . but mr. widdowes must know , that all printed bookes are not in the oxford catalogue : i have at least 50 my selfe , which the oxford catalogue ( increased much since the last impression ) never mentions ; and among the rest david chytraeus his postils on the dominicall epistles , printed vitebergae 1576. is one ; where p : 156 to 169 : there is a postill on palme-sunday , where he interprets the text of phil : 2. 9● 10. as i in my appendix doe . ibidem , he writes , that mr. charke was but a kentish puritan : when as he was a reverend * learned divine , appointed by the * state to dispute with campian the iesuite in the tower : and if any man will be pleased to peruse his conference , he shall finde him the acutest disputant of all those learned men that conferred with him . these 8 last grosse oversights ( worthy to be registred in the next new impression of ignoramus , or the shippe of fooles ) are included within the circumference of 15 lines : and how many such like may you then expect throughout the booke ? but i passe from these to worser errours . page 72 , 73 , he writes thus : that the ring in marriage is necessarily deduced from matth : 19 v : 4 , 5 , 6. the signe of the crosse , from matth : 16 , 24. kneeling at the lords supper , from a psal : 95 , 6. b procession , from mat : 28 , 19. the surplesse , from c rev. 19 , 8. standing at the creed , from ephes. 6. 14. the 4 cornered cappe , ( risum teneatis ? ) from ephes : 4. 11 , 12 , 13 , 14. the penitentiall sheet , ( which me thinkes he should never have ranked in equipage with the surplesse ) from matth : 11 , 21. and then hee concludes thus , ( though durandus out d of whom he hath stolne it , dares not doe it . ) these signes , which are expresse scripture , ( ô the monstrous e metaphisicall divinity of this f fanaticke professour , who dares make these thing● , any thing , scripture ) are universall and so necessary ceremonies of the catholicke church . and is it not time for you ( good mother ) to packe away this sonne of yours , ( not to g amsterdam , or new-england ) but to bedlam , for this his mad divinity ? page 25 , 26. he argues , that bowing at the name of iesus is a duty of the text : and why ? spell , and then it 's thus by articulation . h at the name of iesus every knee shall bow , &c. an argumēt much like to that of the papists hoc est corpus meum , mat : 26 , 26. ergo , the bread is the very reall body of christ. tu es petrus , &c. mat : 16 , 18. ergo , peter is the head ( they should rather say the foote , because the foundation ) of the church . this is all he hath written to prove it a duty of the text : and this all is nothing , as i have largely proved in my appendix . page 28. hee writes , that , in nomine , & ad nomen : i in the name , or at the name of iesus are both one : and why so ? because in grammar , in a place , or at a place , ( viz. in a taverne , or at a taverne ; in an alehouse , or at an alehouse ) are both one to mr. widdowes ; you may be sure to finde him in or at either , non obstante the 75 canon . but are in , and at a place all one ? this is not alwayes true . in loco , and ad locum , differ much ; though apud locum , and in loco , may accord . no man can say that , our father which art in heaven , is the same , with our father which art at heaven : in heaven , and at heaven are not all one . starres in heaven , is good sence : stars at heaven , nonsence . mr. widdowes is in his cappe , his surplesse , gowne and hood , when hee reades 8 a clocke prayers , this is good english : ( though even then hee bowes not at the name of iesus , as * i saw by experience since this booke of his was in the presse , which makes mee think he beleeves this doctrine of his to be erronious , because he puts it not in practise ; ) but to say that he reades prayers at his cappe , his surples●e , gowne or hood , is almost as great a solecisme , as to averre , that mr. widdowes wit was not in , but at his head , when he made this curious observation . but what if in a place or at a place , in a time or at a time , &c. be all one : are therefore in nomine , & ad nomen , in the name , and at the name of iesus , all one ? they differ in words , in phrase , cases , in sence ; therefore they are not one . see it in instances . to pray in the name , and at the name ; to beleeve in the name , and at the name ; to cast out divells in the name or at the name of iesus , are different things : therefore to bow * in , or at his name , is not the same . if any should say , i beleeve at god , for i beleeve in god at the name of god amen , for in the name of god amen ; at the kings name , for in the kings name : would not children hoote at him for a nonsence foole ? yet this is mr. widdowes his english , grammar , and divinity ; much like his englishing of athanasius his latine , and others , in his 21 , 22 , and 23 pages , whom he englisheth as punctual witnesses for bowing at the name of iesus , when as there is not one such word , or intimation of it in their latine . page 30 , 31 , 32 , 33 , 81 , 82. he doth by way of necessary inference teach us , that iesus was more humbled , hated , persecuted and derided of the iewes , than christ : ( as if iesus and christ were not one person : ) that the name of iesus was more vilified and hated than the name of christ ; and therefore for this onely reason ( which he much insisteth on ) we must bow at the name of iesus onely , not at the name of christ , of saviour , and the like . a false conclusion from dangerous premises , which sunder christ and iesus , who are * one in all things , in humiliation , in passion , in exaltation , in power , in majesty , dominion and glory . if we looke upon our saviours humiliation and passion , the scripture informes us , that christ was incarnate and born into the world , as wel as iesus , mat. 1 , 16 , c : 2. 4. luke 2 11 that * christ was mocked , crucified , humbled , despised , put to death for our sinnes , and nailed to the crosse , ( which is alwayes stiled a the crosse of christ ) as well as iesus : mat : 26 , 63 , 67 , 68. acts 3 , 18 , c : 4 , 26. gal : 2 , 20 c : 3 , 13 c : 6 , 14. rom : 3 : 8 , c : 8 , 34 , c : 5 , 8 , c : 14 , 9. 1 cor : 15 , 3 , c : 1 , 23 1 pet : 1 , 19 , c : 2 , 21 , 23 , 24 , c : 3 : 18 , c : 4 , 13 , 14 , 16. that we were redeemed , sprinkled from an evill conscience , justified , and made nigh unto god , by the blood , the precious blood of christ , [ not iesus : ] 1 pet : 1 , 19. hebr : 9 , 14. rom : 5 , 8 , 9 , gal : 2 , 17. ephes : 2 , 13. that god was in christ [ not iesus ] reconciling the world unto himselfe , 2 cor : 5 , 19 , 20. that christ [ not iesus ] redeemed and made us free , gal : 3 , 13 , c : 5 1. hence luke 24 , 26 , & 46 : christ himselfe speaks thus to his disciples : ought * not christ [ not iesus ] to have suffered these things , and to enter into his glory ? thus it is written , and thus it behooveth christ [ not iesus ] to suffer , and to rise from the dead the third day . and hence the minister by our churches appoinment , in the administration of the holy cōmmunion , saith thus : take and eate this in remembrance that * christ died for thee , &c. drinke this in remembrance that christs blood was shed for thee , &c. christ therefore was humbled , suffered and did as much for us as iesus ; and therefore in this regard deserves as much reverence , love and duty from us , as doth iesus . if we reflect on christs exaltation ; the scriptures certifie us : first , that b christ was raised againe from the grave ; and that by his resurrection all his shall be raised up againe at the last : rom : 6 , 4. 1 cor : 15 , 12 , 13 , 14 , 22 , col : 3 , 1. secondly , that christ [ not iesus ] is exalted to the right hand of god his father , farre above all principalities and powers , and every name that is named , not onely in this world , but in the world to come , angels , powers , authorities , all things , being made subject to him : eph : 1 , 20 , 21 , 22. 1 pet : 3 , 21 , 23. col : 1 , 7 , to 28. c : 3 , 1. 1 cor : 15 , 23 , to 29. thirdly , that god hath quickened us together with christ , [ not iesus ] and hath raised us up together , and made us sit together in heavenly places with christ , eph : 1. 3. c : 2 , 5 , 6. fourthly , that god hath gathered together all things in christ , [ not iesus ] and that christ [ not iesus ] is all and in all : eph : 1 , 10. 23. col : 3 , 11. in this regard therefore christ is as venerable , as worthy to be bowed to , as is iesus if we consider the offices and titles of christ , wee shall finde christ as venerable every way as iesus . for is iesus a saviour ? so is christ : luke 2 , 11. iohn 4 , 42. eph : 5 , 23. phil : 3 , 20. is he a mediatour ? so is christ : 1 tim : 2 , 5. 1 iohn 2 , 1. is he the head of the church ? so is christ : 1 cor : 11 , 3. ephes : 4 , 15. c : 5 , 23. c : 1 , 20 , 22. is he a king , a lord , a king of kings , and lord of lords ? so is christ , acts 2 , 36. luke 23 , 2 , c : 2 , 11. 1 cor : 8 , 6 : 1 tim : 6 , 14 , 15 , 16 : col. 3 , 24. rev : 11 , 15 , c : 12 , 10 , c : 20 , 4● 6. & by our own churches confession after the communion received ; glory be to god on high , &c. o lord god , heavenly king , &c. for thou onely art holy , thou onely art the * lord , thou onely o christ [ not iesus ] with the holy ghost , art most high in the glory of god the father . is he the iudge of all men ? so is christ : whence the day of judgement is stiled the day of christ , and the place of judgement , the judgement seat of christ , [ not iesus ] 2 cor : 5 , 10. rom : 14 , 9 , 10 , phil : 1 , 10 & 2● 16. is he the sonne of god ? so is christ , luke 9 20● acts 4. 37 , mat : 16 , 16. is hee god equall with his father ? so is christ : tit : 2. 13. 2 pet : 1 , 1. c : 2. 16 , 17. and the second * article of our church . is hee the messias ? so is christ : iohn 1● 41. chap : 4. 25. there is nothing recorded in scripture of the humiliation , passion , exaltation , offices , titles , or soveraignty of iesus ; but the very selfesame thing is recorded of christ : whence these two names , * iesus and christ , are for the most part joyned together throughout the whole new testament . if then wee respect the person , offices , passion , or exaltation of iesus , we shall finde that he deserves as much capping and bowing when he is called christ , as when he is stiled iesus . if wee now reflect upon the names of christ and iesus , as they have reference to our saviours person , we shall finde : first , that our saviour was buffeted , spit upon and derided of the high priests and iewes by the name of * christ , matth : 26 , 67 , 68. not by the name of iesus : and that they rent their cloathes , and crucefied him , not for that he called himselfe iesus ; but because he said he was christ the sonne of the living god , matth : 26 , 63 , 64 , 65. secondly , that the scripture when it speakes of our saviours sufferings , doth alwayes stile them , the d sufferings of christ , not of iesus . thirdly , that the saints which suffer hatred or persecution for our saviours sake ; doe suffer for him as he is stiled christ , not iesus : witnesse 1 cor : 4 , 9 10 , 11. wee are made a spectacle unto the world , and to angels , and to men : we are fooles for christ [ not iesus ] sake : we are weake , we are dispised , we are naked , persecuted , reviled , buffeted . and 2 cor : 12 , 10. therefore i take pleasure in infirmities , inreproaches , in necessities , in persecutions , in distresses for christ [ not iesus ] sake . witnes iohn 9 , 22. where the iewes agreed , that if any did confesse that our saviour was christ , [ not iesus ] he should be put out of the synagogue . & mat : 24 , 9. they shall deliver you up to be afflicted , and shall kill you , and ye shal be hated of all nations for my names sake . and what name is this ? if any , then certainly the name of * christ , not iesus : witnesse , verse 5. many shall come in my name saying , i am christ : and verse 23 , 24. if any man shall say unto you , loe , here is christ , or there , beleeve it not : for there shall arise false christs , &c. hence hebr : 11 , 24. we have mention of the reproach of christ , [ not iesus . ] hence col : 1 , 24 : st : paul writes , that he did fill up that which is behinde of the afflictions of christ [ not iesus ] in his flesh . hence phil : ● , 13 : he stiles his fetters , his bonds in christ , [ not iesus ] and v : 20 , 21 , christ shall be magnified in my body , that is , in my corporall sufferings for him ; for to me to live is christ , [ not iesus . ] yea hence both paul and peter ( as if they had purposely written to resolve this point ) informe us : phil : ● , 29 : that it is given to us in the behalfe of christ [ not iesus ] not onely to beleeve on him , but also to suffer for his sake . and 1 pet : 4 , 13 , 14 , 16. that if we be reproached for the name of christ , [ not iesus ] happy are w● , inasmuch as we are partakers of christs sufferings . therefore ( saith he ) if any man suffer as a christian , ( derived onely from the name of christ ) let him not be ashamed . the name therefore of christ , [ not iesus ] was the name in which e christ and christians suffered most reproach , contempt , aud persecution : and for this name did the martyrs alwayes suffer in the primitive church ; as the recited scriptures and * ecclesiasticall stories testifie . mr. widdowes his doctrine therefore , f that iesus was humbled and suffered more than christ : that god onely in the name of iesus humbled himselfe , and suffered shame and rebuke : and that therefore in the same name iesus he will be most of all magnified to the worlds end , more than in any other title ; because no other name of his but iesus [ no not his name christ ] did suffer shame , reproach , g death and hell : and therefore for this one reason onely ( for he insisteth on no other but this alone ) we must bow at the name of iesus onely , not of christ : is a most false , absurd , erronious , if not wicked doctrine ; which not onely h divideth christ from iesus , and i makes them different in degree and dignity ; reviving the ancient heresie of cerinthus , who affirmed , k that christ and iesus were two ; that christ descended into iesus after baptisme in the forme of a dove ; that christ flew backe againe out of iesus at the time of his passion , and that iesus onely suffered for us , not christ , who continued spirituall and impassible . ( an heresie , of which the sole bowers at the name of iesus are farre more guilty , than their oppugners are of arrianisme , which some ridiculously cast upon them , though themselves be most of all guilty of it , since arrius denied not the eternal deity of our saviour , &c. under his name iesus which he seldome or never mentioned ; * but under his name , sonne of god , word , wisdome , christ , and the like ; at which names * our opposites teach , men must not bow at all ; and so are arrians by their owne confession , if the not bowing at our saviours names may make men arrians ; a conceit not heard of till of late . ) but likewise contradicts the whole new testament and the forequoted scriptures . for confutation of which i neede use no other texts , than gal : 3. 13. christ [ not iesus , as l mr. widdowes misrecites it ] hath redeemed us from the curse of the law , being made a curse for us . 2 cor. 13. 3. 4. christ [ not iesus , as hee ] was crucified through weaknesse , &c. the m texts on which he grounds this errour ; and this very text of philippians 2. which as it begins , continues and ends with the name of christ [ not iesus ] see v. 1. 16. & 30. so it joynes christ and iesus together in the very depth of humiliation : v. 5. &c. let the same minde be in you which was in christ iesus , &c. and in the height of exaltation : v. 11. that every tongue should confesse that iesus christ is lord , to the glory of god the father . * christ iesus , both named and conjoyned in the clause of debasement : iesus christ is lord ; both mentioned and united in the clause of advancement in this very originall text , on which all the controversie is founded . whence the contents of this chapter in our authorized english bibles , runne thus : he exhorteth them to unity and all humblenesse of minde by the example of christs [ not iesus ] humility and exaltation . all which doth give a fatal overthrow to this brainsick dream ; that iesus was more humbled , and so more honoured than christ : and puts a period to the present controversie , which hath no other pillar to support it but this notorious errour ; and that other coupled with it , page 37. to wit , that iesus is the greatest name of god , proposed to us to worship , &c. because it was humbled most , and therefore most advanced above all other names , yea above the name of god , or christ. the falsenesse of which position that you may more evidently discerne , i shall here propound some unanswerable arguments , to prove ; that the name of iesus is not more honourable , more worthy cap and knee ; yea l not so eminent , so glorious , and so not so venerable among christians , as the name of christ. first , the name iesus is onely a m proper personall name , imposed on our saviour , to distinguish him from other men : whereas the name christ , is a n name of office , including all his severall offices of king , priest and prophet , to o which he was anoynted : as therefore the names of emperour , king , prince , earle , lord-keeper , &c. are farre more honourable than the names of henry , charles , iohn , thomas , &c. which are common to the meanest subjects ; because the first are titles of honour and office ; the other onely ordinary proper names imposed for distinction sake . even so must the name of christ , a name of office , of unction , be far more honourable than iesus ; a name though p originally derived from the office of a saviour , yet imposed on him at his nativity as a proper name , to difference him from other men . secondly , that name which is peculiar to our saviour as a saviour , is more honourable than that which is common to him with other men . but the name christ , is a name q peculiar to our saviour as a saviour : none ever being stiled christ in scripture , but hee alone . vvhereas the name iesus wa● common unto others , viz. to iesus the sonne of nun , hebr , 4 , 8. to iesus surnamed iustus , col. 4 , 11. to iesus the sonne of iosedech , hag. 1. 1. ezra 3. 2. to iesus the sonne of sirach , the prologue and title to ecclesiasticus . and * to others . therefore it is more honourable than iesus . thirdly , that name which was given to christ in regard of his incarnation and humanitie onely , is not so excellent , so venerable , as that which is attributed to him in respect of both his natures . but the name , iesus , was given to our saviour in regard of his incarnation and humanity onely : mat : 1. 21. 25. luke 1 , 31. c : 2 , 21. vvhereas his r name christ , was given him in respect of both his natures : acts 10 , 38. hebr : 1 , 8 , 9. see here page 21 , 22. & vrsini catech : pars 2 , quest : 31 , p : 204. ergo , it is not so excellent , so venerable as his name christ. fourthly , that name , which doth difference our saviour from all others who were called iesus , and give him an excellency , a precedency above them all , must needs be more venerable and excellent than the name iesus only , which doth not simply of it selfe either distinguish or advance our saviour above all others of that name . but this name christ * doth distinguish our saviour from all others who were stiled iesus , and gives him an excellency , a precedency above them all . witnesse , mat. 1. 16. of whom was borne iesus which is called christ. luke 2 , 11. vnto you is borne a iesus , or saviour , which is christ the lord. matth : 27 , 17. iesus which is called christ. acts 2 , 36. let all the house of israel know assuredly , that god hath made the same iesus whom you have crucified both lord and christ. acts 17 , 3 : & 18 , 5 , 28 : paul preached and testified both to the iewes and gentiles , and convinced them mightily , that iesus was the christ. 1 iohn 2 , 22 who is a lyar , but he who denieth that iesus is the christ ? 1 iohn 5 , 1 : whosoever beleeveth that iesus is the christ , is borne of god. iohn 20 , 31 , these things are written , that ye might beleeve that iesus in the christ the sonne of god , and that beleeving ye might have life through his name . all which doe likewise imply , that christ , is a title of office , more honourable by farre than the bare name of iesus : ergo , it must needes be more venerable and excellent than the name iesus is . fifthly , that name by which our saviour was most of all confessed , acknowledged , and enquired after , and by which his kingdome and power are most set forth in scripture , is his most honourable name . but our saviour was most of all confessed , acknowledged , enquired after , and his kingdome and power most of all set forth in scripture by his name * christ , not iesus . hence the magi , mat : 2 , 4 , inquire where christ [ not iesus ] should be borne . hence iohn baptist , when the people enquired who he was , confessed , that he was not the christ , [ not iesus . ] iohn 1 , 20 , & 2 , 28 : hence the people confesse , that our saviour was the very christ , &c. iohn 7 , 26 , 27 , 31 , 41. hence the woman of samaria demanded , is not this the christ ? and the samaritans themselves replyed , now we beleeve and know , that this is indeed the christ , [ not the iesus ] the saviour of the world . iohn 4 , 25 , 29 , 42 : hence the priest and pharises demanded of him , whether hee were the christ or not . mat : 26 : 63 : luke 22 , 67 : hence the divells themselves cryed out , and said , thou art christ the sonne of god , for they knew that he was christ. luke 4 , 41 : hence the angels tell the shepheards , that there was borne to them a saviour , which was christ [ not iesus ] the lord. luke 2 , 11 : & the apostles being demanded of our saviour , who he was ; make this reply by peter in all their names , thou art christ , [ not iesus ] the sonne of the living god : thou art the christ of god. mat : 16 , 16 : luke 9 , 20 : iohn 6 , 69 : hence acts 2 , 36 , he is said to be made both lord and christ : and acts 4 , 26 : the kings of the earth stand up , and the rulers are gathered together against the lord , and against his christ , not iesus . hence , rev : 11 , 15. there were great voices in heaven , saying , * the kingdomes of this world are become the kingdomes of the lord , and of his christ [ not iesus ] and revel ; 12 , 10 : now is come salvation , and strength , and the kingdome of god , and the power of his christ , &c. rev : 20 , 4 , 6. and i saw a throne , &c. and they lived and reigned with christ a thousand yeares : they shall be priests of god , and of christ , and shall reagne with him a thousand yeares . hence s. paul proclaimeth ; s that he was , not ashamed of the gospell of christ : t that hee desired to know nothing but christ crucified : u that he preached to the gentiles the unsearchable riches of christ : x that hee accounted all things losse and dung , that he might winne christ : y that he desired to be dissolved , and to be with christ , which was best of all . all which with infinite other texts of scripture , ( together with all the * fathers , and our owne * articles , who more commonly stile our saviour in all their writings christ than iesus ) sufficiently confirme my minor , and so by consequence the conclusion too . sixthly , that name of our saviour which denominates his gospell , his sacraments , his church , his apostles , his ministers , his saints , his kingdome ; must needs be more venerable and glorious unto christians , than that name which denominates none of these . but the name of christ not iesus denominates all these . first , it denominates his gospell , which is stiled the word , and gospell of christ , the unsearchable riches of christ , the sweete savour of christ , yea christ himselfe , [ not iesus : ] rom : 1 , 16. ● : 15 , 19 20 29. 1 cor : 9 , 12 , 18. 2 cor : 2 , 12. c : 4 , 14. gal : 1 , 7 , 15 , 16 , 18 , phil : 1 , 27. 1 thes : 3 , 2● 2. thes : 1 , 8. eph : 3 , 4 , 6 , 8. c : 4 , 20. acts 24 , 24. 1 cor : 1 , 23. 2 iohn 9. secondly , it denominates his sacraments , which are stiled the * baptisme of christ , and a the communion of the body and blood of christ , [ not iesus . ] thirdly , it denominates his church , which is stiled , the church , and churches of christ , rom : 16 , 16. not of iesus . the body , flesh wife , and members of christ , 1 cor : 12 , 7. ephes : 4 , 12 , 13 , 15. c : 5 , 23 , to 33. col : 1 , 24. not of iesus : yea christ himselfe 1 cor : 12 , 22. as the body is one , &c. so also is christ , not iesus . fourthly , it denominates his apostles and ministers , which are stiled , the b apostles , ministers , c servants , and d embassadours of christ , not iesus : e instructers in christ ; f a sweet savour of christ ; and g the glory of christ , not of iesus . fifthly , it denominates his saints , who are stiled , christians , [ not iesuites ] acts 11 , 26 : c : 26 , 28. 1 pet : 4 , 16 : the members of christ , eph : 5 , 30 , 31 ; 32 : 1 cor. 6 , 15. not of iesus . the epistle of christ , 2 cor : 3 , 3 : not of iesus : heires annexed with christ , and heires of god through christ , [ not iesus . ] rom : 8 , 17. gal : 4 , 7. babes in christ , 1 cor : 3 , 1 : & servants of christ , gal : 1 , 1● . c : 6 , 6. ephes : 6 , 5 , 6. hence christians are said , to be in christ and christ in them , gal : 2 , 20. ephes : 3 , 17. 2 cor : 5 , 17. to have christ formed in them , gal : 4 , 19. to be baptised into christ , and to put on christ , gal : 1 , 21. c : 3 , 37. rom : 16 , 5 , 7. to be christs , gal : 3. 29. c : ● , 24. 1 cor : 3 , 23. c : 11. 1. 1 cor : 15 , 23. 2 cor : 10 , 7. to be all one in christ , gal : 3 , 28. ephes : 1 , 10. to be in obedience and subjection unto christ , [ not iesus ] ephes : 5. 23 , 24. c : 6 , 5 , 6. 2 cor : 9 , 13. & 10 , 5 , 7. as to their soveraigne lord and master . and to be priests of christ , [ not of iesus ] rev : 20 , 6 : c. 1 , 6. sixthly , it deno●●nates his kingdome ; which is stiled , the kingdome of christ , ephes : 5 , 5. rev : 11 , 15. not of iesus . therefore it must needes be more venerable and glorious among christians , than the name iesus is ; which gives no such denominations to them to these , as it . lastly , christians have as much cause to reverence & honour the name of christ as iesus . for , as the scripture saith , * that christ died for them , * loved , saved , redeemed them , and the like : so it records , that christ gives them light , eph : 5 , 14. that christ hath made thē free , gal : 5 , 1. that christ doth strengthen thē to doe all things phil : 4 , 13. that christ doth forgive them , col : 3 , 13. that they serve the lord christ , col : 3 , 24. that christ is their consolation , 2 cor : 1 , 5. phil : 2 , 1. that christ is in them the hope of glory , col : 1 , 27. that christ is their life , and that their lives are hid with christ in god , col : 3 , 3 , 4. that christ liveth in them , and that they live by him , gal : 2 , 20 : that christ dwells in their hearts by faith , ephes : 3 , 17 : that christ is for them an high priest of good things to come , hebr : 9 , 11 : that god was in christ reconciling the world to himselfe , 2 cor : 5 , 19 : that christ loveth them ; that this love of christ to them surpasseth knowledge ; and that nothing shall be ever able to sever them from christs love , which constraineth them to live unto him , ephes : 5 , 25 2 cor : 5 , 14 : eph : 3 , 13 : rom : 8 , 35. that christ is all and in all , yea all unto them : col : 3 , 11 : eph : 1 , 20 , 23. which considerations made paul to prise christ so much ; as to e count all things losse and dung to win christ ; and to desire to be dissolved and to be with christ , which was best of all . f therefore certainly , christ , and his name christ , ( which * name the emperour constantine , with other christian emperours , and their christian soldiers did so much honour , as to engrave and weare it both in their helmets and their ensignes : whereas we never reade that they gave such honour to this name iesus : ) are as honourable , as great , as worthy reverence , capping , and bowing , as iesus , or his name iesus , which comes short of his name christ , in all these respects . and let this for ever silence the s●●●stitious bowers at the name of iesus , who engrosse all reverence and honour to the name of iesus alone , preferring it above all other titles of our saviour ; yea before his stile of christ , of saviour , which is the same with iesus , and doth more really and fully expresse his office of a saviour , ( it being the very * title of that office in the scripture ) than his name iesus doth . but to returne againe to your sonnes absurdities : page 34 , he affirmes , that angels and saints in heaven doe bow at the name of iesus . a confident assertion of a * metaphysicall divine ; who in my hearing preached twice or thrice so learnedly of angels , ( the chiefe subject of his elevated metaphysicall contemplations ) in st. maries in oxford , that he preached most of his auditours out of the church . but admit mr. widdowes out of his intimate● acquaintance with the angels knowes this for certaine , ( which neither he , nor any other man can ever prove ) that angels and saints in heaven doe bow their knees at every naming of iesus : yet how can he prove his second position , page 34 , that divells and reprobates bow at this name , as stubborne prisoners . i hope hee was never as yet the divels chaplaine , * ( though he hath oft disputed and combated with him in his study hand to hand ; ) that hee so knowingly , so confidently avers , that divells and reprobates bow at the name of iesus in hell : vvhich bowing as g himselfe records , being a duty of the text in time of divine service only , disproves this idle dreame of his . for , who ever heard ? who ever read divine service in hell as chaplaine to the divell ? if then there be no divine service heard or read in hell , ( as i beleeve there will be none till mr. widdowes chaunts it ) then questionlesse there is no bowing at the name of iesus there , a duty , a ceremony in time of divine service onely , as this authour writes : who can never prove , that divells bow at the name of iesus in hell , but by some speciall revelation frō the divel , or those spirit raised up from thence , which long since frayed him out of his little wits . to passe by his grosse falsification of origen on rom : 14 : whom he brings in , writing , page 54 , that we must bow at the name of iesus , because he is humble : when as bishop andrewes and himselfe * confesse , in the very selfe-same page ; and page 21 , 90 : that origen of all the other fathers is against them : together with his corrupting of chrysostome , page 62 , line 16 , 17 , 18 : and * of athanasius , and the councell of ephesus , page 76 , 77 , in the very selfe-same manner ; when as neither of them writes one word of bowing at the name of iesus in the alledged places , as the perusall of them in their workes , and the survey of the councell of ephesus , ( which * anathematizeth those onely , which did co●dore the humanity of our saviour with his deity , and not rather emmanuel , god and man , with one adoration : there being neither the name iesus , nor one word of bowing ( much lesse of bowing at the name of iesus ) in the 8. canon of that councell , which he voucheth ) will fully evide●ce . nor yet to remem●er his strange divinity , page 40 , that iesus his name was given him twice ; once till death , afterwards for ever : and that the disciples for saking , and peters denying of christ , was a death of his name iesus . or page 59 , l : 10 , 11 , 12 : that we must bow at the name of iesus more then is required by phil : 2 : isay 45 : or rom : 14 : ( the chiefe texts on which this duty is ( though a absurdly ) grounded : ) which to recite alone is to confute . i shall request you to take notice of 21 scriptures , which he hath mangled , falsified , and grossely misapplyed ; that so i may meet with him for his notorious slander ; b that i have falsified 15 , nay 36 texts of scripture , and above 80 authours ; which he onely writes , but prove ; not in any one particular . page 9 , l : 27 : he misrecites the 1 cor : 16 , 22 ; omitting the name christ , to adde more reverence to the name iesus . page 16 , l : 12 , 13 : hee writes ; that bowing at the name of iesus is a duty required at psal : 95 , 6 ; o come let us worship and bow downe , and kneele before the lord our maker . as if the name iesus ( which was c given to our saviour many hundred yeares after the penning of this psalme ) were our lord and maker intended in this verse . page 27 l : 17 , 18 , he brings in the 24 elders rev : 5 , 12 , 13 , bowing at the name of iesus in time of this life : when as the text records onely , that they worshipped the lambe , &c. not iesus , or his name : and that in heaven not on earth , for ought that there appeares to contradict it . page 31 , l. 18. he argues thus from acts 3 , 15. ye killed the prince of life ; ergo , no name was ever so abused as the name of iesus ; and therefore wee must bow at it more than at any other name . page 37 , l : 34 , 35 , he falsifieth gal : 3 , 13 : & 1 cor : 13 , 4 ; foysting in iesus into them , in stead of christ , when as the name iesus is not mentioned in these texts , but christ alone . page 38 , l : 18 ; he concludes out of acts 4 , 12 , that iesus is the onely d name by which we are saved : as if the bare name of iesus onely ( not the person , power , or merits of iesus , the only name intended in this verse , as all expositours on it accord ; ) were our onely saviour : yet the name iesus is not mentioned in this verse ; and verse 10 , doth joyne the name of christ and iesus together ; [ iesus christ of nazareth , &c ] adding no more vertue to the one than to the other . page 38 , l. 31 , 32 ; he falsifieth the 2 cor : 5 , 19 : god was in iesus reconciling the world to himselfe : whereas the text is , god was in christ , not iesus . page 48 , he misrecites 6 scriptures together : viz. eph : 1 , 10 , 19 , 20 , 21 ; where he reads iesus , for christ ; the text being christ , not iesus : matth : 7 , 23 , 24 , where the text is lord , not iesus : the 1 cor : 15 , 25 , where the name iesus is not once mentioned , but christ alone , from verse 12 , to 26 : yet hee reades it iesus , &c. not christ : eph : 4 , 7 , 8 , & col : 2 , 15 ; where he forgeth in iesus * for christ : and all to prove iesus , qua iesus , a confirming iesus to angels , a commanding iesus to divels , and an exalted and triumphing iesus over divells , out of these texts : which no wayes warrant his collection ; and stile him onely by the name of christ , or lord , not iesus ; and so make quite against him . page 55 , l. 10 , he applies rev : 21 , 24 , to iesus , which the text , with all interpreters expresly apply , to the city , the church , and new ierusalem , in the precedent verses , and can be applied to no other . page 55 , l : 21 , hee againe corrupts , ephes : 1 , 20 , 21 , exchanging iesus for christ : and page 73 , hee perverts no lesse than 7 severall texts together , as grossely , as papistically as durandus , or any other papist ever did ; which scriptures i shall here passe over , because i have touched them f before . these severall scriptures , with sundry others , hath this monstrously learned divine corrupted , falsified , and wilfully perverted , to draw on capping & bowing at the name of iesus ; a duty which the g primitive church , and h fathers never heard of ; and which most protestant churches quite disclaime : and so are arrians , puritans , schismatickes nonconformists , disputers against the holy ghost , yea rebels , traytors , enemies to iesus , and to our soveraigne his vice-gerent , and i know not what besides , if mr. widdowes divinity , or * confutation may be credited ; which makes bowing at the names of iesus , ( not the adoration of our saviour iesus , god and man , to whom we yeeld all the divine honour and worship that himself requires , as our prayers to him , our whole dependance on him , our publike and private worship of him , &c. testifie , though we bow not superstitiously at his name ; ) a morall command , a necessary , an universall ceremony which god requires in all churches , not onely for a day or a yeare , but for ever , &c. page 74. though few but papists and popish churches ever practised it , and these but lately , as i shall prove anon . i this sonne of yours , is not only thus absurd , but popish too . to omit his ridiculous popish trash , p : 71 , 72 , 73 : page 34 , he hath this romish passage ; the church is the place of gods presence , &c. where his priests sacrifice their owne , and the militant churches prayers , and the lords supper , to reconcile us to god offended with our daily sins : ●rgo the priests of the church of england , ( especially those who erect adore , and cringe to altars ) are sacrificing priests ; and the lords supper is a propitiatory sacrifice , sacrificed by these priests for mens daily sins . and is this your doctrine , or our churches , mother ? page 36 , to 42 , he often harpes on this popish string ; that christ iesus by his sufferings did merit something to himselfe ; and among other things , this in speciall ; the exaltation , adoration , of and bowing unto his name iesus . * a doctrine which calvin , marlorat , dr. fulke , mr. cartwright , and generally all protestant divines on phil : 2 , 9 , 10 , doe utterly condemne as popish , as derogatory to the greatnes & freenes of christs love to his : yea a doctrine which this forgetfull angelical dr. ( who oft confutes himself ) doth fully contradict , p. 37 , 38 ; where he writes● that god rewarded iesus freely ; that his name iesus was● free gift , and freely given to him , &c. therefore not ●●●●ted by him . * page 89 , he writes ; that there is good reason why we should bow at or towards the communion-table , though there be neither scripture nor canon that bindes us thus to bow : because the communion-table is the chaire of state of the lord iesus , and his chiefest place of presence in our church : because we may bow at his majesties chaire of estate , who is but iesus his deputy : and because the communion-table is the signe of the place where our saviour was most despised , dishonoured and crucified . it is strange , that he who could avouch expresse scripture , for ringing of bells , procession , the 4 cornered cap , the penitentiall sheet , &c. page 72 , 73 ; should finde neither scripture nor canon for bowing to , or at communion-tables and altars : but stranger , that he should justifie this bowing ; there being neither scripture nor canon for it ; when as there is both scripture , a statute , and b canon to , against it . the scriptures , we know , doe positively condemne as grosse idolatry , the bowing at , to or before any images , pictures , idols , and altars , levit : 26 , 1. exod : 20 , 5. c : 23 , 24. deut : 5. 7 , 82 kings 17 , 35. numb : 25 , 2. iosh : 23 , 16. isay 2 , 8 , 9. 1 kings 19 , 18. 2 chron : 25 , 14. yea our owne c homilies , d statutes , e canons , and f writers , as they expresly inhibit the setting up of any images , pictures , crucifixes , or altars in churches , ( a thing now much in use : ) so they instruct us likewise , g that the bowing or kneeling before an image , crucifix , picture , or altar , & the very bowing to them , is idolatry : and why then should not the bowing at , to , or before the communion-table ( which is no where commanded by the scripture ) bee idolatry too ? francis de croy in his first conformity , cap. 24 , with others testifie . the paganizing popish priests have borrowed this bowing to * altars , from the pagans ; a practise much in use among them : witnesse their spurious d. iacobi divina missa , * bibl. patrum tom. 1. p , 15. f. 19. d. their forged dionysius areopagita , de ecclesiast . hierarch . lib : c : 5. lbid : p : 132 , c , h , 13● , a. their rusticus diaconus cardinalis , contra achephalos disputatio . bib. patr. tom : 6 , pars 2 , p : 125 , g : 229 , e : their stephanus eduensis episc : de sacramento altaris , cap : 12 , bib : pat : tom : 10 , p : 416 , c. honorius augustodunensis de antiquo ritu missae , l : 2 , c : 30 , bib. patr. tom. 12 , pars 1 , p : 1054 : radulphus tungrensis de canonum observantia , propositio 23 , bib : pat : t : 14 , pag : 250 , b. eugenius roblesius de authoritate et ordine officij mazabarici , lib : cap : 27 , 28. bib : patr : tom : 15 , p. 781 , g , h. alexius menesius missa christianorum apud indos , ibid : p : 793 , 795 , 796 , their idolatrous masse-books , durandus , with other authours , and common experience ; all which sufficiently testifie the papists daily practise of bowing unto altars . from which , some superstitious romanizing protestants , without either scripture or canon to authorize them , have of late begun to bow and cringe to communion-tables , ( or in truth to new erected f high altars , as they stile them : ) which how it differs from papists altar-adorations , or from their bowing and cringing to pictures and crucifixes , or how it can be excused from superstition , wil-worship , & idolatry , i cannot yet conjecture . bowing before the altar , or communion table , if the g papists , or h mr. cozens may be credited , is no lesse than adoration ; and i presume mr widdowes ( who makes bowing at the name of iesus , a part of divine worship ) intends it to be no lesse . being therefore not commanded in scripture , it must needs be idolatry , or will-worship at the least , and so to be abhorred notwithstanding the three popish ( if not foolish ) reasons produced for to justifie it ; which i shall now examine , for the first of them : that the communion-table is the lord iesus his chaire of estate , &c. therefore wee may ( we must ) lawfully bow unto it : it is an absurd argument . our lord iesus his chaire of estate i is onely at his fathers owne right hand , were he now sits and raig●es in glory : k heaven is his throne , earth but his footestoole . if he hath any throne or chaire of estate on earth , it is in the hearts and soules of his elect . in which he l dwells , and m raignes . he is on the communion table , ( and that onely when the consecrated bread and wine at the sacrament , are upon it , not at * other times ) not as a king in a royall throne , but as a n crucified saviour , a o spirituall repast , which our soules by faith must feede on : and even then , he is not so much preser● at or on the communion-table , as in the ministers , the receivers hand and p heart ; as in the bread and wine , the q chalice , and cup , which no men bow to . this first reason therefore is both ridiculous and erronious , the second , the men may bow to the kings chaire of estate , &c. as it is a meere r popish cavill , which s protestants oft have answered ; so it is impertinent to the present purpose , because the kings chaire of estate , and so the bowing to it , is but a civill thing ; whereas the communion-table ( made * of wood , ( not stone ) is a religious implement t of gods owne appointment , u stāding anciently , * as now it ought , in the very midst , not at the east end of the church : and so the genuflection , or inclining of the body , to it , or before it , is a religious externall worship at the least ; which being not commanded by divine authority , is no lesse than superstition or idolatry . the last reason , as it make more for bowing to crucifixes , to golgatha , to the high priests hal , thā to cōmuniō tables or altars , so it is a meer ridiculous absurdity for the communion table is not a signe of the v high priests pallace , nor yet of x golgatha , nor of the y crosse , therefore it 's no signe of the place where our saviour was most dishonoured , despised , and crucified : if it be any signe at all , it is onely a signe of a spirituall repasting place , or of an heavenly banquet , where in christ doth spiritually z distribute his body & blood , with all the benefits of his passion , to al who worthily receive them . but that it should be a signe of the place where our saviour suffered , is as new divinity unto me , as is the very bowing to communion-tables , which hath neither scripture , law , nor canon for to warrant it . page 21 , 22 , 23 ; he writes thus : that all the fathers and ancients on this place , but origen , doe literally understand this text of phil. 2. 9 , 10 , and approve of this actuall bowing at the name of iesus , which we now dispute of ; that this bowing was the custome of st. hieroms time : & that it was a most ancient custome , even in the beginning of the church : for proofe of which he hath vouched bp. andrewes , bp. whitguist , zanchius , the councels of nice and ephesus , athanasius , cyrill and hierom. but than gregory the 10 who lived in the yeare of our lord 1273 , was one of the first fathers of it , this ( writes he ) is fabulous , and a part of the puritans legend . this passage i dare boldly averre , is as fabulous as any in the golden legend , there being not one father , one ancient expositor this day extant , that did ever interpret this text , of any corporall genuflection or bowing at the recitall of the name of iesus , in time of divine service onely , ( to which iewes , turkes , and arrians seldome come , * and so it 's needlesse in respect of them ) or at other seasons . i have already in my appendix * truly vouched some 80 , or more severall ancient and moderne authours , who reciting , and descanting on this text , have found out no such duty , or ceremony , of bowing at the naming of iesus in time of divine service , as this upstart chymicke hath extracted ( i should say wrested ) from it , even by head and shoulders , against the very words and meaning , as i have there largely proved . to these i shall accumulate some other ancient and modern writers , who give no other interpretation of the name above every name , and of the bowing of every knee of things in heaven , and things in earth , and things vnder the earth , in the name of iesus , in this text of the philippians , than that i have mentioned in my appendix : which writers because they are many , i shall therefore onely quote their names and bookes , ( which the learned reader may peruse at leisure ) not their words : their names and workes in briefe are these : sancti hippoliti oratio de consum . mundi , & de antichristo , bibl : patrum coloniae agrip : 1618. tom : 3. p. 17. b. dionuysij alexandrini epistolacontra paulū samo satensem , * ibid : p : 75. b. c , d zeno veronensis sermo in psa : 126 , ibid : p : 97 , g , s. antonij abbatis epist : 6. bibl : patrum tom : 4 , p : 30 ; b. phaebadi episc : contra arrianos lib : ibid : p : 230 ; g. idacij . advers : varimadum lib : ibid : p : 622 ; a ; caesarij dialogus 1 ; ibid : p : 650. a. s. marci eremita praecepta salutaria , ibid : p : 959 ; b , c , d. * prosper aquit : de praedictionibus dei pars 1 ; c : 25 ; pars 2 ; c : 24. expositio in psal : 102 ; fol : 236 ; a. in psal : 109 , fol : 254 ; a. 255 ; b ; in psal : 137 ; f. 296. paulinus epist ; 9 ; ad severum . bibl : patr : tom : pars 1. p : 163 g. ad aprum : epist : 1 , p : 187 ; b , & ad augustinum epist : 3 , p : 216 , c. where he applies this text . * to the name of christ , not of iesus . s. procli sermo in transfig . christi , ibid : p 535 ; d , e : 536 ; c. eusebij gallicani homil : 1 ; de nativ . domini , ibid : p : 544 ; c ; d. eucherius lugdunensis epist : paraenetica ad valerium ; ibid : p : 777 : d. & commentarij in genefim l : 3. ibid. p : 832. a. p : 836. g. gregentius archiepisc. tephrensis , disputatio cum herbano iudaeo , ibid p : * 924. c. a pregnant place for my exposition . claudius mamerchus destatu animae , lib : 1. ibid. p. 951. f ; g. cassianus de incarnatione vnigeniti , lib : 4 bibl patr : tom. 5 , pars 2 ; p. 71. f , g. isiodori pelusiotae epist : l : 1. ep. 139. ibid. p. 491 ; d ; e. arnobij & serapionis conflictus , bibl. pat. tom : 5 , pars 3 , p : 218 , c. arnobij comment : in psal : 7 , ibid : p : 234 , c. in psal : 64 , p : 262 , a. in psal : 88 , p : 277 , b. in psal : 137 , p : 308 , e , f. ruricij epist : l : 2. epist : 10 , ibid : p : 544 , 545. theodulus caelesyriensis comment : in epist : ad romanos , c : 14. p : 590 , b , c , d. vigily episc : tridentini , disputatio de christo , d , n , &c. ibid : p : 693 , d , e. 703 , a. & adversus eutichen l : 5 , apud georgij cassandri opera , parisijs 1616 , p : 561. ferrandus diaconus ad reginum paraeneticus : quarta innocentiae regula , bibl : patrum tom : 6 , pars 1 , p : 349 , f , g. iusti orgelitani episc : in cantica cantic : explicatio , ibid : p : 512 , f : isychius in levit : l : 7 , c : 24. bibl : patrum tom : 7 , p : 108 , b. etherij & beati lib : 1 , bibl : patrum tom : 8 , p : 342 , c , d , e. 346 , e , f. amalarius fortunatus , de ecclesiasticis officijs lib : 1 , c : 11. bibl. patrum tom : 9 , pars 1 , p : * 308 , f , g. agobardi episc : lugdun : ad ludovicum imperator●● , ibid : p : 556 , g , h. de picturis et imaginibus lib : ibid : p : 598 , c , d. & sermo de trinitate , p : 610 , g , h. 611 , a , b. angelomi stromata in lib : 1 , regum , cap : 2 , ibid ; p : 708 , c , d : 700 , f , g. in lib : regum 2 , cap● 2 , p : 730 , c : cap : 12 , p : 740 , e. in lib : regum 3 : c : 8 , p : 771 d. iesse ambianensis episc : epist : bib : patrum tom : 9 , pars 2 , p : 251 , d. ambrosius ansbertus in apocalyps : l : 3 , ibid : p : 378 , e , f. hrabanus maurus , comment : in pauli epistolas lib : 19 , c : 2. operum coloniae agrip : 1626 , tom : 5 , p : 460 , d , e. & l : 6 , p : 449 , e. paschatius ratbertus in matthaei evang : l : 10 , ibid : p : 1156 , b , c. lib : 11 , p : 1177 , a , b. lib : 12 , p : 1234 , g , h. expositio in psal : 44 , p : 1246 , g. 1249 , g. remigij altisiodorensis episcopi in psal : 15 , enarrat , ibid : p , 654 , b : in psal : 148 , p : 869 , b. ioannis cyparissioti decad ; 4 , c : 10 , de informatione divini nominis , bibl : patrum tom : 11 , p : 499 , b. simeonis thessal : archiepij copide divino templo , bibl : patrum tom : 12 , pars 1 , * p : 880 , c ; zacharias chrysopolitanus , in vnum ex 4 or . lib : ibid : p : 185 , f ; petrus cluniacensis contra iudaeos , tract : cap : 1 , bib : patrum tom : 12 , pars 2 , p : 156 , d , cap : 3 , p : 171 , f , g ; cap : 4 , p : 182 , f ; contra petrobusianos ibid : p : 225 , c , d ; de transfig : domini sermo , ibid : p : 2●4 , d ; petrus blesensis bathoniensis archidiaconus , sermo 31 , ibid : p : 886 , d ; sermo 46 , p : 907 , h. de transfig : domini , p 915 , b ; ioannis salisburiensis , in phil : 2 , 9 , 10 ; ms ; in bibliotheca bodleiana : lucas tudensis adversus . albigensium errores , l : 2 , cap : 10 ; bibl : patrum tom : 13 , p : 261 , f ; c : 16 , p : 267 , 268 ; guilbertus de tornaco de officio episcopi , et ecclesiae ceremonijs lib : cap : 13 ; ibid : p : 398. d. nicolai cabasilae , de vitain christo lib : 6 , bib : patrum tom : 14 , p : 127 , a ; papa innocentius 3. sermo 1 , in dominica . 2 , post pascha ; * operum , tom : 1 , p : 43 , in circumcisione domini sermo 1 , pag : 95 , in festo omnium sanctorum sermo 1 , p : 156 , mysteriorum missae lib : 2 , c : 44 , p● 329 , & de contemptu mundi ; l. 2 , c : 15 , p 449 , thomas * waldensis tom : 3 , tit : 5 , de baptismi sacr : cap : 54 , fol : 103 , num : 6 , petr : lombard . sententiarum , l : 3 , distinctio 18. see gorrichen , and the other schoolemen ibidem : to which i shall adde * ioannis brentius , zuinglius , selneccerus , & * piscator in phil. 2 , 9 , 10 iacobus naclantus enarratio in epist ad romanos , cap. 14 venetijs 1557 fol. 159 ; pareus comment : inc . 14 , ad romanos , v. 11 , col. 1475 , 1476 , 1477 ; ioannis lukawits , waldensis , conjessio taboritarum , in balthazaris lydij * waldensia pars 1 , p. 161 , 162 , 163 ; polanus syntagma theologiae , genevae 1616 l. 2 , c. 5 , p. 211 ; zachariae vrsini catechet , explic. 1617 , pars 2 , qu. 50 , fol. 305 henricus bullingerus assert ●o orthodoxa utriusque naturae christi , tiguri 1534 , fol , 35 , 36 ; iosias simlerus , de filio dei , lib 2 , tiguri 1568 , fol. 79 , & 134 ; dr. field of the church , booke 5 , chapter 20 ; sixti senensis bibliothecae sanctae , lib. 5 , annotatio 150. these 60 ancient fathers , and moderne authours , ( to whom i could have added sundry others , did not the desire of brevity and my tearme-occasions stint me , ) together with those 80 , already recited in my appendix , in their quotations and expositions of phil : 3● 9 , 10. that * in the name of iesus , that is , in the soveraigne authority of iesus : ( which phrase , in the name of iesus , is answerable to the usuall clause in our ordinary proclamations , commissions , warrants : these are to wil , require , charge , command you in , not at , his majesties name ; or in , not at , the kings name ; a speech most frequent in all officers mouths of all sorts : that is , in the vertue of his majesties royal authority , to do this or thus ) every knee should bow , &c. have made no such liter all exposition of this text , neither have they hence collected any such duty of bowing at the name of iesus in time of divine service , as mr. widdowes hath squeized from it : most of them interpreting the name above every name , intended in this text ; to be , either the a name god , iehovah , lord , sonne of god , christ ; &c. or at leastwise b the majestie , glorie , honour , authourity , power , soveraignty , fame , and monarchy of christ , as himselfe confesseth , page 66 , 67. all of them concluding , the bowing of every knee , &c. in this text , to be , the subjection of all things unto christ , as to their soveraigne lord , their king and iudge ; and that especially at the day of judgement , ( when this scripture * shall be onely actually and fully verified ; ) or the adoration of christ in prayer , as god equall with his father : not one of them interpreting it , of any bowing , or cringing at the naming of iesus ; a ceremony , a duty of this text , not heard of in the primitive church , not knowne to the fathers , or any ancient expositors of this text ; in whom i dare confidently affirme , and let any , nay all the bowers at the name of iesus disprove me if they can , there is no mention of this duty , this ceremony : which our church cannot approve of without degenerating from all antiquity , from all reformed churches , which i dare presume she will not doe . indeed c bp. andrewes , and mr. d widdowes have quoted fathers for it , but how impertinently , e i have already demonstrated : and if the reader will but examine them , he shall finde them either altogether extravagant , or point-blanke against them . all the antiquity that seemes to give any colour to this bowing , is the fabulous story of ignatius the martyr , in whose heart ( as f some popish authors have recorded , ) the name of iesus , or rather , iesus est amor meus , was found written in golden characters . but these golden letters , are but a part of the golden legend ; for neither eusebius , socrates scholasticus , sozemon , nicephorus ; nor any other ancient ecclesiasticall writers , who make mention of ignatius his martyrdome , have recorded any such thing : and besides eusebius writes , f that he was torn in peeces of the lyons , to whom he was cast . neither doe the popish relaters of it agree in one : some recording , that the g g name iesus onely was written in his heart : others , that h iesus christus , was written throughout his heart : i others , that iesus est amor meus , was there inscribed . but admit this legend ( which some protestants now vouch with too much credulity ) were true ; yet the relaters of it ( and of some others of this nature , viz. k b. virginis clarae de monte falernis , and of a noble soldier ) record not , that ignatius did use to bow at the name of iesus , but that he had it alwayes in his mouth , whence it was afterwards thus ingraven in golden letters in his heart , not in his knees , in which it had beene undoubtedly written , had he used to bow and cringe unto it . this fable therefore of ignatius his heart , ( not knees ) makes nothing for this new-coyn'd duty , this di●orderly ceremony of bowing the knee at every naming of iesus , ( which must needes disturbe men in their devotions , since this name iesus , is oft times mentioned l twice , and sometime thrice together in one verse ; ) for which there is no ground , no warrant in the fathers , in antiquity , as this fabulous scribler hath recorded ; who should have forborne to have m taxed me , for falsifying , for misvouching those 80 fathers , and authours , quoted in my appendix ; since there is not one of them , ( let the committ●es imployed to examine them , be the umpires ) but concludes point-blanke against him in the interpretation of the name , or bowing in this text ; of which not one of them , ( no not * zanchi●s , nor dr. boyes , as he suggestes , who both interpret it as i have done , ) did ever make , this bowing at the name of iesus , a duty ; as this brainsicke nonsence noveller doth which bowing ( as a ceremony onely , not a duty , ) was never publikely enjoyned unto any , till pope gregory the 10. his time , for ought that can be proved ; and therefore to stile him one of the first fathers of it , is no puritans legend , as he stiles it ; but an apparant truth ; which all the anti-puritan bowers at the name of iesus put together , cannot disprove . should i now here at large inform you , of his absurd dispute , a whether bowing at the name of iesus be some thing ? occasioned by the two first lines of my appendix ; viz. [ the bowing of the head or knee at the name of iesus , if it be any thing , &c. ] which words if any thing as they neither affirme , nor yet suppose , the bowing at the name of iesus to be a meere nothing , both in genere entis , & moris , as hee b vainly cavills : since my whole appendix grants it , proves it , to be a superstitious , popish ●●●●●lesse ceremonie ; and so acknowledgeth it to 〈◊〉 something , in genere entis , at the least ; a thing which no man ever questioned . so ( they being a most usuall forme of argument drawne from a c disjunction , which every fresh-man knowes , ) imply no more but this ; that bowing at the name of iesus , is nothing ; ( to wit , in causa religionis , in point of religion or divine worship onely , not in genere entis ; ) because it is neither a ceremony , nor a duty of the text , as i have there sufficiently proved . which phrase of speech , to call something in genere entis , nothing ; that is , in genere moris , in point of religion , or to some speciall purposes , to which it is unavailable , impertinent , or as much as nothing , is most frequent in the scripture : as st. paules stiling of an idol , d nothing in the world that is , in e regard of any deity it hath in it , or in respect of any helpe or good it can yeeld to those who worship it : and his calling of f circumcision , and uncircumcision nothing ; that is , g in p●int of iustification , where they are as nothing : with h sundry other instances , plentifully testifie , to i rebuke the madnesse of this erronious prophet , who is so ignorant of his k owne modalities , as thus to carpe at nothing . or shou●d i here shew you , how your sonne hath contradicted himselfe in this very controversie ; in making this bowing , a a duty of the text and yet a ceremony too a duty and a ceremony b onely in time of divine service , and yet a duty , c which angels and saints 〈◊〉 heaven , and divels and reprobates in hell performe . a ●●ty incident onely to the name of iesus , and yet enjoyned by cyrill , and the councell of ephesus , to the name of emmanuel , d as he write . in averring , e that iesus is the name above every name , &c. & that the litterall bowing of the knee at the name of iesus is the bowing intended in phil : 2 , 9 10. reciting the authors quoted by me in my appendix , as making for it , when as they all * conclude against it , by his owne confession , if you observe them well : with sundry other contradictions which i ●mit . or should i here discover his many absurd impertinent misquotations ; his mis-englishing of those latine authours which he voucheth : and his grosse perverting of authours , and scriptures : page 15 , 16 , 17 , 20 , 21 , 22 , 23 , 28 , 32 , 37 , 41 , 42 , & 59 , to 68 , in which there is scarce a pertinent true quotation , or right englishing of any latine authour , if you examine them well . or should i now informe you , how hee hath misquoted qu. eliz. obsolete injunctions , injunct . 52. and the n 18. canon : in which there is no such clause : that all present at divine service should bow at the name of iesus : the words of the canon being , that when in time of divine service the lord iesus [ which hath reference onely to the person of iesus , represented to us under any of his names ] not the name of iesus , should be mentioned , o due and lowly reverence ( not bowing of the head or knee , much lesse the putting off of the hat , which this p canon forbids men to put on in time of divine service ) shall be done by all persons present , &c. or should i here relate unto you , that all his strong armour , all his arguments , page 87 , 88 , 89 , wherein he trusts , are but a meere petitio principij ; wherein he beggs of me the question , as he hath * runne about the vniversity like a frier mendicant , to begge his arguments , which are all built upon this sandy false foundation ; that bowing at the naming of iesus is a duty of the text : an honour which god hath given to iesus , and he hath merited from us , and therefore we must yeeld it to him , to testifie our owne humility , and to declare his soveraignty , that he is lord and iesus : the thing which he should prove , and i , ( yea all the 80 authours which i have quoted in my appendix , with these sixty others here recited ) denie ; i should but tire my owne and your patience , and waste both time and paper to no purpose . vvherefore ( deare mother ) recommending to your gravest consideration , and then to your correction , the severall grosse notorious oversights of this brave champion-sonne of yours , who like some great goliah , to shew his valour , ( or his folly rather ) hath sent * a printed challenge to me , ( a little david in respect of him ) to dispute even face to face with him in the schooles , &c. perchance because he thinks himself a better disputant , than he is here a writer ) that so i may no longer trouble the church ; i hope , for your owne honour and reputation , which now lie at stake in this your unworthy sons absurd illiterate confutation , you will upon the serious perusall of this my survey , proceed to bind this his erronious ( and i trust unlicensed ) pamphlet , ( which is like to bring a q scandall on his mother ) to the good behaviour , and his untutered , scurrilous , * foolish , scribling goose-quill , to everlasting peace : by reducing his person , his syllogismes to bocardo , the onely moode , the fittest schoole for such a challenger , such a writer to dispute in , who would not conclude his notorious knowne errours , in celarent , upon my timely private letter and advice . thus wholly referring his confutation , errours , person , to your motherly lash and censure , ( as being loath to incroach upon your liberties , or to trouble my selfe with such an adversary , who hath taken much r unamiable paines to s spread h●s too well-knowne folly , and marre his laud-unworthy cause , which was bad and weake enough before , ) i here humbly close up all , and ever rest , from my study at lincolnes inne , november 15. 1630 your dutifull sonne in all filiall respects : vvilliam prynne . arnobius advers . gentes lib. 1. qvoniam comperi nonnullos , qui se plurimum sapere suis persuasionibus credunt , insanire , bacchari , & velut quiddam promptum ex oraculo dicere . &c. statui pro captu acmediocritate sermonis , contraire invidiae , & calumniosas dissolvere criminationes , ne , aut illi sibi videantur , popularia dum verba depromunt magnum aliquid dicere , aut si nos talibus continuerimus à litibus , obtinuisse se causam putent , victam suo vitio , non assertorum silentio destitutam . finis . christian reader , i here present thee with a short historicall or chronologicall discourse , of the true originall and progresse of bowing at the name of iesus ; 1 ceremony , ( and as some write ) a duty , much pressed , practised and abetted now of late by some , who though they stile themselves christians , not iesuites ; will yet with a iesuites , and other papists , monopolize all worship , all bowing to the name iesus onely , and give none to christ , from which their very ti●le of christians is derived what these mens present violent enforcing , propugning of this upstarr popish ceremony by preaching , by printing : or what the suspension , silencing or censuring of such as speake , as preach against it , meanes , or whence it springs , i cannot well determine . if it be only a misguided superstitious zeale , arising from meere ignorance of the true originall popish rise and progresse of this ceremony ; i hope the ensuing pages will both instruct them whence it sprung , & whither it tends ; and so reforme them . but if it be a wilfull obstinate symbolizing with the church of rome , ( whose images , altars , cringes , crosses , b bowings to , and turning of communion-tables altar-wise , like a kitching dresser , not a table c at which men usually sit round ; bo●h against d our statutes , homilies , articles , & canons , creepe in apace among us without any publike censure or controll : ) i hope this treatise , ( which shewes them whose and what they strive for , even for the very spawne , the reliques of the whore and popes of rome , from whom bowing at the name of iesus had its birth , its breeding as i shall here demonstrate : ) will , if not reclaime them , yet at leastwise shame them , shew whose they are and what they aime at . wherefore i here submit it to thy pious censure , requesting only thus much from thee ; that as i have written it faithfully with an upright heart , void of all schisme of faction to beat down superstition , popery , and declare the truth ; so thou wouldest embrace & read it with a love of truth . and if thou canst not contradict it , let * athan●sius his maxime be now thy resolution in this case . quod pessimo initio nititur , in nullo unquam censeri poterit bonum . and so i rest . thine , and the truthes , william prynne . a short relation of the true beginning , and progresse , of bowing at the name of iesus ; necessary for the determination of the present controversie . pope iohn the 20 , who swayed the popedome about the yeare 1030 : is the first i reade of , that set abroach this ceremony , of bowing at the name of iesus : of whom sir edwin sands , in his europae speculum , hagae 1629 page 16. writes thus . by grant from pope iohn the 20 , every inclining of the head at the name of iesus gets 20 , yeares pardon ; a matter in italy no not this day unpractised . and to grace that ceremony the more , i have heard sundry of their renowned divines teach in the pulpit : that christ himselfe on the crosse bowed his head on the right side , to reverence his owne name which was written over it . this is the highest pedegree of this late upstart ceremony , that i have hither to met with . petrus blesensis arch-deacon of bathe , who flourished about the yeare 1160 : a sermo 28 , de assumptione b. mariae , hath this ensuing passage . non frustra consuevit ecclesia intercessione beatae virginis affectuosius caeteris implorare , ita quod audito ejus nomine b genua terrae a●●igat ; imopro nominis reverentia quasi mare confragosum sonant vota populorum . and in the margent there is this note . mariae genua flectuntur . which passages seeme to imply , that men did then use to bow and doe reverence at the naming of the virgin mary : but that they did so at the naming of iesus , i finde no such authority in this writer . lucas tudensis , who wrote about the yeare of our lord , 1220. adversus albigensium errores , ( c ) b lib. 2. cap. 14. writes thus . qui humilitate superbiae principem vicit , humilitate nos contra potestates aërias semper pugnare docuit : quod ipse et fecit tempore carnis suae quando non recto capite , sed inclinato emisit spiritum . inclinemus nos & illi capita nostra , non solum mentis , sed & corporis , laudes & gratias persolventes , qui pro nobis peccatoribus se misericorditer inclinavit . sed sunt nonnulli qui superbiae spiritu tumefacti , ( de quibus valde dolendum est ) qui etiam cum gloria , vel laus deo recitatur in ecclesia , contemnunt , aut erubescunt , regi regum iesu * christo capita inclinare : coram transeunte cruce , vel christi euangelio non assurgunt : in celebratione missae sacerdote se ad eos vertente et dominum annunciante inclinari contemnunt : ad benedictionem pontificis caput nudare negligunt : et quod omnino nefarium est , et haeresi proximum , cum elevatur corpus christi à sacerdote in sacratissimo ministerio missae , vel alias refertur , erubescunt vel refugiunt suppliciter adorare . hoc maximè nonnulli faciunt curiales , qui consueverunt terrenis principibus flexis genibus et nudo capite ministrare , &c. hunc ergo tantae promissionis accepta fiducia totis nisibus collaudemus : illi simplicitate recta humiliemur : illi mentis & corporis capita non verecundemur nudare & inclinare , qui deus fortis pro nobis infirmis se inclinavit , ut homo infirmus fieret , ut humana firmitas soliditate perpetua firmaretur . a passage which may happily imply , that in those times men did use to bow their heads ( not knees ) to iesus christ the king of kings , who bowed his head for them : but this was not as i take it , at every recitall of his name iesus , but at the lifting up of the hoast in the time of the masse , or at the passing by of the signe of the crosse , as the sence and words import . sanctus franciscus , the arch-frier , who lived about the year 1230 , in his litera ad sacerdotes : hath this ensuing clause . * salutē in eo qui redemit et lavit nos in sanguine suo : cujus nomen audientes adorate eum cum timore et reverentia proni in terra ; dominus iesus * christus , altissimus filius nomen illi , qui est benedictus in seculo , amen . which implyes an injunction from this arch-frier , st. francis , for adoration of the lord iesus christ at that time , when as his name was mentioned . * frier david de augusta : who flourished about the yeare 1240. de 7. processibus religiosi cap. 11. writes thus . sunt exteriores caeremoniales observantiae ; ut inclinationes , genuflectiones in horis , pulsationes , et omnes gesticulationes , quibus claustrales utuntur in divino officio , vel alijs , quibus saepe minus virtuosi majorem vim faciunt , quā aliqui perfecti , et magis devoti . which seemes to imply ; that monkes in those dayes ( for of them hee writes ) did use duckings and genflections , either to the host , the crucifix , or altar , and it may be to the name of iesus ; in which ceremonies the lesse vertuous , saith he , were for the most part most devout . these are the onely passages i finde in all antiquity before the councell of lions , which give any colour to the use or practise of this ceremony ; which was never established in the church , till pope gregory the 10. his time ; who in the popish councell of lions , in the yeare 1273 made this decree . d decet domū domini sanctitudo : decet ut cujus in pace factus est locus , ejus cultus sit cum debita veneratione pacificus sit itaque ad ecclesias humilis et devotus ingressus ; sit in ijs quieta conversatio , deo grata● inspicientibus placida , quae considerantes non solum instruat , sed et reficiat . convenientes ibidem nomen illud , quod est super omne nomen , a quo aliud sub c●●lo non est datum hominibus , in quo salvos fieri credentes oporteat , nomen videlicet iesu christi , qui salvum faciet populum suum a peccatis eorum , exhibitione reverentiae specialis attollant : et quod generaliter scribitur ; ut in nomine iesu omne genu slectatur , singuli singulariter in seipsis implentes ( praecipuè dum aguntur missarum sacra mysteria ) gloriosum illud nomen quandocunque recolitur , flectant genua cordis sui , quod vel capitis inclinatione testentur . this is the highest antiquity , that any e papist or iesuite hath hitherto found out , to justifie their bowing at the name of iesus . yet this constitution bindes men onely , to bow the knees of their hearts , ( not of their bodies ) at the naming of iesus ; ( and that especially whiles the masse is acting ) which bowing of the heart , they must testifie , by the inclination of their heads , not of their knees . after this , pope f iohn the 22 , about the yeare 1330 : to induce men to the practise of this popish ceremony , did , as salmeron the iesuite records ; grant 200 dayes of true indulgence to all who should bend their knees , or incline their heads , or knock their breasts , at the name of iesus . therfore it was then no received duty . since that , about the yeare 1420 , one bernardinus , a franciscan frier , and a popish g canonized saint , a great lover and admirer of the name of iesus , h did earnestly exhort the people in all his sermons and publike exhortations , that they would give devotion , bowing and reverence to the name of iesus , which is above every name , in which every knee doth bow , of things in heaven , and things in earth , and things under the earth : neither is there any other name under heaven given to men , in which they can be saved . this frier , the better to draw the people to adore and bow to the name of iesus , i did use about the end of his sermons , to shew unto them a picture , in which the name iesvs , was written in golden letters , enclosed on every side with sunne beames ; or a glory : which pictured name the people beholding did most devoutly adore , with bended knees . for which fact of his being complained against by some who maligned his fame , to pope martin the 5. this pope when as he had heard his answer , gave him free liberty , not onely to preach , * but likewise to carry about and shew unto the people this picture of the name of iesus . from k which patterne of his , all pictures of the name of iesus both in glasse-windowes , popish authours , and masse-bookes were at first derived . indeede l antoninus records : that pope martin enjoyned him that he should no more shew this picture unto the people , lest some superstition , or scandall should be raised in the church by this his novalty : which injunction he obeyed . but pope clement the 7. ( as m molanus records ) at the request of the friers minorites , ordained , that all their order , and the nunnes of the order of st. clare , should use this picture ; and withall he appointed a double great solemne feast , of the most holy name iesus , ( in which its likely this name was solemnly adored and bowed to ; ) which feast , as stengelius writes , is most famous through many churches , and among the common people . this ceremony , it seems , was not yet so generally received as the papists did desire : and therefore the popish councell of basil : anno dom. 1431. n sess. 21. tit. quomodo divinum o●●icium in ecclesia celebrandum sit : decreed : that all canonicall persons , in all cathedrall and collegiate churches , whiles they were saying their canonicall houres , when the glorious name of iesus was named , should bow their heads , not knees : the words of which decree are these . statuit igitur sancta synodus , ut in cunctis cathedralibus ac collegiatis ecclesijs , &c. horas canonicas dicturi , etc. cum dicitur gloria patri , filio , et spiritui sancto , omnes consurgaut . cum nominatur gloriosum illud nomen , iesus , in quo omne genu flectitur coelestium , terrestrium et inferorum , omnes caput inclinent . the provinciall popish councell of sienna , or seine , in the yeare 1524. following the patterne of the councell of basil , decreta morum , cap. 18. established the use of this ceremony in all collegiate and cathedrall churches , in the very selfesame words . viz. * et ut in majoribus ecclesijs cultus dei vivi sanctior , juxta majorum 〈◊〉 in melius reformetur : statuimus , ut in cathedra●●bus ac collegiatis et conventualibus ecclesijs , horis debitis , &c. horas autem canonicas dicturi &c. cum nominatur illud nomen gloriosum , iesus , in quo omne genu flectitur coelestiū , terresti i● et inferorū , omnes caput ( not genu ) inclinent . and decreta * fidei cap. 14 , it drawes this argument , from this very ceremonie , to prove the lawfulnesse of worshipping the image of christ. et nos quidem non quasi ante divinitatem , ante imaginem prosternimur ; sed illum adoramus , quem per imaginem aut passum , vel in throno sedentem , recordamur . et dum per ipsam picturam quasi per scripturam , ad memoriam filium dei reducimus ; animum nostrum de resurrectione laetificat , aut de passione mulcet , non majore quid●m idololatriae periculo , quàm cum in nomine iesu omne genu flectitur , coelestium , terrestrium et inferorum . quem enim vocabula cursim auribus insinuat , hunc eundem fidelibus oculis imago sedulò repraesentat . not long after this , the diocesan popish synode of augusta , anno 1548 , cap. 23. in more obscure termes , prescribes this bowing , &c. to all ecclesiasticall persons , not onely at the recitall of the name of iesus , but of the virgin mary too . the canon runnes thus : cum autem deo opt. max. creatori et redemptori suo honorem , timorem et reverentiam homo tanquam creatura debeat ; multosque videmus ea in re damnata ignavia desides esse ; omnibus ecclesiasticis personis nostrae dioecesis districtè praecipiendo mandamus , ut post haec summa pietate deum ubique et honorent , et timeant , praecipuè vero in templis humiliter revereantur et venerentur . et quum in nomine domini nostri iesu * christi omne genu coelestium , terrestrium et inferorum flectendum sit ; volumus , ut omnes quotiescunque in sacris concionibus● aut missis nomine sanguinis vel corporis christi , aut dei genitricis mariae virginis fiat mentio , aut quando canticum , gloria in excelsis , aut gloria tibi domine , aut evangelij initium , aut na●ivitatis christi ex virgine , et incarnatio in symbolo , aut gratiarum actio in praefatione , aut hujusmodi alia in divinis o●●icijs canuntur , vel commemorantur , detec . to capite , genibusque flexis , ante * altare , vel ut locus tempusque postulaverit , deo reverentiam exhibeant debitam , et populum ad ejus rei imitationem verbis factisque commoveant atque hortentur . the very next yeare after , the provinciall popish synode of * moguns or mentz , under sebastian the arch-bishop , anno dom. * 1549. cap. 59. which hath this title to it . missa , quo gestu , et qua devotione audienda : this ceremony was thus enjoyned . sedulo commonendus est populus fidelis , clerici etiam per praelatos debita animadversione inducendi , ut in celebratione missarum , adversus tantum mysterium , quantum quisp ; per valitudinem potest , etiam corporis gestu reverentiam quandam adhibeant : videlicet , ut dum in collectis , pro communi orbis terrarum incolumitate , ad deum praeces funduntur , ipsi quoque tanquam hujus sacrae communionis cives , suas praeces cum oratione publica conjungunt , et vultu ad * altare verso , aperto et demisso capite stantes , gestum orantibus convenientem prae se ferant . pari religione ad nomen salvatoris nostri iesu * christi , similiter ad evangelium , magnificat ; benedictus , nunc dimitti● , gloria in excelsis● gloria patri , caeterasque id genus officiorum partes , sic genuum flectione , apertione capitis , ac totius corporis gestu se componant , ut ad ea quae ib● aguntur , animum intendere videantur . the popish councell of rhemes since that , viz. anno domini 1583. as * bochellus records , made this decree or canon following : in pronunciatione nominis iesu , etcùm dicitur versus , gloria patri , caput aperiant et inclinent . that in the pronouncing of the name iesu , and when the verse , glory be to the father , was said or read , men should uncover their heads and bow . which canon extends not unto women , * who ought not to uncover their heads in the church ; much lesse to come thither as so many strumpets , with a cut , or broidred powldred haire , as our viragoes doe of late : whereas the words of phil. 2. 9 , 10 , in the name of iesus every knee should bow : extend to women , as well as men : and rather to womens bowing , ( who in their courtesies bow both their knees full low ) than to mens ; who in their common courtesies or legs at the name of iesus , or to men , bow * onely one , not both their knees : whereas this text requires every knee to bow ; and so enjoynes the bowing of both knees , not of one alone ; the courtesies of women , not the heads , the caps , or legs of men . the popish councell of aquitan : alias b concil : bituricense , the very next yeare following : viz. anno dom : 1584 , promulgated this canon to the like effect . in sine psalmorum , et ubicunque gloria sanctissimae trinitati redditur , omnes consurgant , et in invocatione nominis iesu , genu flectant : which may be construed as well of kneeling only in the invocation of the name of iesus , as of bowing at the pronunciation of the name of iesus . besides these severall popish councels ; the sorbonists about the yeare 1540 , from phil : 2. v. 9 , 10. as calvin and marlorat on that text record : began to publish and teach this doctrine ; that as oft as the name of iesus should be mentioned , ( as in some portuasses and masse-bookes it is repeated * 12 , 20 , & 30 , if not 40 times together ) so often men must bow their knees : for which doctrine write calvin and marlorat , they are more than ridiculous . plusquam ridiculi sunt sorbonici sophistae , &c. see page 5 before . after these , the rhemists about the yeare 1●82 , in their notes in their rhemish testament , on phil , 2. v. 9. 10 * sect : 2 & on apoc : 13. sect . 7. set on this ceremony in an higher straine , where they write thus . by the like wickednesse the protestants charge the faithfull people for capping or kneeling , when they heare the name of iesus , as though they worshipped not our lord god therein , but the syllables or letters , or other materiall elements , whereof the word written or spoken consi●teth : and all this by sophistications to draw the people from due honour and devotion toward christ iesus , which is satans drift , by putting scruples into poore simple mens mindes , about his sacraments , his saints , his * crosse , his name , his image , and such like , to abolish all true religion out of the world , and to make them plaine atheists . but the church knoweth satans cogitations , and therefore by the scripture and reason , warranteth andteacheth * all her children to doe reverence whensoever iesus is named , because catholickes * doe not honour these things , nor count them holy for their matter , colour , sound and syllables , but for the respect and relation they have to our saviour ; bringing us to the remembrance and apprehension of christ , by sight , hearing , and use of the same signes , else why make we not reverence at the name of iesus the sonne of sirach , as well as at iesus christ. and it is a pittifull case to see these prophane subdeties of heretiques to take place in religion , which were ridiculous in all other trade of life . when wee heare our prince or soveraigne named , we may without these scruples doe obeysance . but towards christ it must be superstitious . and here it is much to be noted , that the protestants pulling downe the * image of christ out of all churches , and the signe of the crosse from mens foreheads , and taking away the honour and reverence of the name of iesus , doe make roome for antichrists image , and marke , and name . thus the rhemists , whose steps and genius the moderne protestant advocates and patrons of bowing at the name of iesus , doe follow to an haires breadth ; though dr. fulke , in his answere to the rhemish testament , notes , on phil. 2 , secti● 2 and on apoc : 13 , sect ; 7. dr. whitaker in his answer to william reinolds the rhemist : cantabrig● 1590 , p : 398 , 399. mr. cartwright in his answer to the rhemish testament * notes on phil : 2 , sect : 2. dr. willet in his synopsis papismi , century 2 , error : 51 , dr. aytie in his lectures on phil : 2. 9 , 1● . and above all other , that reverend father of our church , gervase babington , bishop of worcester , a professed enemy to this popish ceremony , in his exposition of the catho like faith ; in his workes in folio , london , 1622 , part 2 , page 195 , 196 , 197 professedly condemne this doctrine , this ceremony of theirs , as a grosse ridiculous popish errour : which is no wayes grounded on phil : 2 , verse 9 , 10. as all these : together with pareus , * commentarius in cap : 14 , ad romanos , vers . 11. col : 1475 , 1476 , 1477. ioannes brentius in his * explicatio in epist pauli ad phillip : c : 2 , v : 9 , 10. ioannes piscator , * scholia in cap : 2 , ad philip : v : 9 : 10 : pag : 1166. and obser : 6. ex vers : 10 , p : 1162. to omit all others formerly quoted , doe largely prove . since these , i finde some private popish . authours , ( especially the iesuites , who deriving the stile of their order from the name of iesus , doe most stickle for this bowing at the name of iesus ; ) who have * written in defence and patronage of this popish ceremony : as namely one alphonsus salmeron a famous iesuite : who in his workes at large : tom : 1 , prolegomenon . 24. de dignit . et majest . evang : p. 387 , 388 , writes thus . that certaine popes of rome , ( and among the rest , * pope iohn the 22. who granted an indulgence for 200 dayes to all who should either bow their knees , or incline their heads , or knocke their breasts at the name of iesus ) have taught , that men are to bow their heads or knees at the naming of iesus to represent the great humiliation and ex●●inition of christ : and that a certaine monke was cuffed by the * divell for omitting this bowing , &c. and operum tom : 3 , tract . 37. vccatum est nomen ejus iesus : p : 335 , he records ; that the name of iesus is worthy all worship , genuflection and adoration , in which name paul would have every knee to bow both of things in heaven , and things in earth , and things under the earth . for this name , whether it be pronounced with the mouth , or heard with the eare , or * where ever it is written , painted , or ingraven , is worthy divine worship ; not for the bare word , writing , or picture it selfe , but for the signification of it : as * the crosse and image of christ are deservedly adored with the worship of latria , for the type and mystery represented in them . &c. the same doctrine we shall finde in comelius a lapide a iesuite , in his commentary on phil. 2. 9 , 10. and in carolus * stengelius de ss . nomine iesu , cap : 23. where he quotes this text of phil. 2. 9 , 10. and the decree of pope gregory the 10. informing protestants : ibid : p : 125 , 126. that papists honor not the letters , syllables or sound of the name iesus , but the thing contained and signified together with the sound and syllables : but some , saith he , may say : why doe we bow at the name of iesus , rather than at the name of christ ? i answer , because christ is not a proper name , but a declaration of christs kingdome and power : but * iesus is a proper name , which he hath bought with his great paine , and hath received as a reward of his labour . for although this name were imposed on him in his very circumcision , and promised to him in his conception , yet both these were done , because he ought to doe that in his time , which the name doth signiie ; to wit , to save his people . paul therefore affirmes , that this name was given to him , because he actually performed this with his great paine . phil : 2. he humbled himselfe , therefore god hath highly exalt●d him , and given him a name above every name : that in the name of iesus every knee should 〈◊〉 , &c. therefore this most honourable name is given , because he merited it . * the name it selfe is thus honoured , because bee hath merited it . as oft therefore as we catholickes honour the name of iesus by bowing the knee , so oft we give unto him due and deserved honour , which he hath merited with a great price , so oft wee doe that we might and are bound to doe ; not onely 〈◊〉 of cong●●ity for the greatnesse of the benefit conferred upon us , but also out of debt , by reason of the will and precept of the eternall father ; who hath therefore given this name unto his sonne , that * in this name every knee should ●ow , that all should worship this name , and in worshipping should confesse , that iesus is in the glory of his father . but as oft as the heretiques ( who utter and heare this name without any reverence , because they have not the holy ghost ) doe not worship this name , as oft as they refuse to bow and worship ; as oft as they decide others who worship and bow the knee unto it ; * so oft they violate the precept and will of god the father ; so oft they doe injury to god the some , and deny him his due honour ; so oft they contradict the apostle , so oft they scandalize , or rather decide the church of god : finally , so oft they d●e acceptable service to the divell , * who hath in an especiall manner taught them this , and by them doth 〈◊〉 this impiety unto others . this 〈◊〉 much more to this purpose doth this benedictine fr●er , stengeli●s , write : which i thought good in part to transcribe , because its verbati●● the same with mr. widdowes , and other late protestants writings , and * sermons to this purpose ; betweene whom and these , there is now no difference at all in this point of ●●●ing 〈◊〉 the ●●●ing of iesus , for ought that i can finde ; and so they are both accorded . finally , ●●●sseby * richardus hampole his booke de 〈◊〉 nominis iesu with ●●●dry other popish authours , who have written largely of this subject , and found out many * absurd , ridiculous , cabalisticall conceits and mysteries in the very letters of the name iesus , to draw more reverence and bowing to it : the popes , the church and priests of rome , to advance this ceremony the more , a have inserted this notable prayer for the bowers at the name of iesus , into the masse of the name iesus : ( for which very name they have a particular masse , and psalter , as they have a feast : ) god , who hast made the most glorious name of iesus christ thy onely sonne amiable with the chiefe affection of sweetnesse to thy faithfull ones , and dreadfull and terrible to evill spirits , mercifully grant , that all those who devoutly b worship this name of iesus on earth ; may receive the sweetnesse of its holy consolation in this present world , and in the world to come may obtaine the joy of endlesse exultation and blisse in heaven , by the same our lord iesus christ thy sonne . the benefit of which masse-prayer , our moderne advocates for bowing at the name of iesus , with all their zealous proselites , may doe well to claime . this is the onely true gennine pedegree and progresse of this much pressed duty , and admired ceremony , of bowing at the name of iesus , that i in my poore reading can finde in all antiquity . if better , graver , or more learned heraulds can derive its parentage higher , ( as * some have vainly endeavoured , to deduce it from the fathers , and the constantpractise of the primitive church ; when as i am confident upon good inquiry , that there is no one father , no ancient writer extant , to prove or warrant what they write , as the examination of their c alledged testimonies will at first discover , ) i shall be willing to be corrected and instructed by them . but if they must needes concurre with mee in this its popish discent , which i have here set downe ; ( as i presume they must , since popish priests and iesuites , who have beene most inquisitive in discovering its originall , have raised it no higher than the popes i have recited : ) let them now at last for very shame ( unlesse they intend to turne professed iesuites , and open champions for the romish whore , ) contend no more for such a duty such a ceremony , which had no other father , but the forenamed popes ; no other mother , nurse , or midwife , but the antichristiā church of rome , with whose popish ceremonies , reliques , altars , images , crucifixes , genuflections , bowings and such like idolatrous , d superstitious , ridiculous rites , which get ground apace upon us ; the reformed church of england , with all her faithfull bishops , ministers , members , ( especially since the prodigious , unparalleld hellish powder-plot ) should stand at everlasting defiance ; for feare e god give us over to strong delusions to beleeve her impious lies to our damnation ; and then showre downe his long-threatned judgements on us , ( of which the late revived plague , and feared famine , should now in time admonish us ) to our eternall ruine . what therefore tertullian writes of stage-playes , ( which had the very divell himselfe for their originall authour , as he , with * others largely proves , which should cause all christians , who in their very baptisme have renounced the divell and all his workes , &c. for ever to abandon them : ) f facit ad originis maculam , ne bonum existimes quod initium à malo accepit : the same shall be my conclusion in the point in question ; bowing at the name of iesus , had its originall , growth and progresse from the antichristian popes and church of rome , who propagated it by their indulgences , g to justifie their idolatrous bowing to images , crucifixes , hosts and altars , as i have fully manifested in the premises : therefore proceeding from such a putr●d fountaine , such an impure parentage , no pious protestant , i dare say , can repute it good , much lesse praise-worthy . h oderis itaque christiane , cujus auctores non poteris non odisse . finis . errata , and omissions . courteous reader , i thought good to admonish thee of one grosse omission , which through the printers carelesnesse hath happened in the 36. page , line 1. betweene idolatrous too ? and francis de croy , &c. which because it interrupts the discourse , i shall request thee instead of francis de croy , &c. to reade as followeth . bowing at , to , or before altars , how highly soever some men esteeme it , had its originall from idolatrous pagans : who , as they a danced and stood round about their altars when they sacrificed ; in which , on which , or at leastwise by and over which , the b images of their idols were placed or ingraven ; ( in imitation of which , most popish glittering altars have their gaudy crucifixes , saints , or images standing on them , neare them , over them ; to intice the people to bow downe unto them : when as god commanded all his altars , to be made of nought c but earth ; or of unhewen stones : ( not polished , graven marble , golde , or silver : ) without any images or curious sculptures ; the better to keepe the people from bowing to them , or before them ; to which more d rich materialls of silver , gold and pearles , set out by art , might easily induce them ; ) so they likewise honoured their altars with cappe and knee , e bowing downe unto them , yea war shipping , praying at them and before them . whence god enjoynes the israelites . [ exod. 34. 13. deutr. 7. 5. c : 12 , 3. iudg. 6. 25 , 26 , 28 , 30. 2 kings 11. 18. 2 chron : 14 , 3 , c. 30. 14 , c. 32 , 12. c. 33 , 15 , & 34 , 4 , 5 , 7. isay 36 , 7. hosea 8 , 11 , & 10. 1 , 2. ] to throw downe and quite demolish the altars and images of these idolaters , ( which the good kings of israel did accordingly . ) not onely because they sacrificed on them , but because they also worshipped and bowed to them , and before them : as exod. 20 , 4 , 5 , 23 ; 24 , 25. c : 23 , 24 , c : 34 , 13. levit. 26. 1. deutr. 7. 5. cap : 12 , 2 , 3. 2 kings 11 , 18 , c : 18. 22. 2 chron : 14 , 3 , 5. c : 28. 24. 25. c : 30 , 14. c : 32 , 12. c : 34 , 4 , 5 , 7. isay 2. 8 , 9. c : 17 , 8. c : 36 , 7. hosea 10. 1 , 2. acts 17 , 23. 2 chron : 25 : 14. compared together : incomparable dr. rainolds , de roman●e ecclesi● idololatria , l : 2 , c : 3 , sect : 46 , p : 431 , 432 , francis de cr●y in his first conformity , cap : 24 , with others testifie . then reade as in the copy . other materiall omissions and errataes there are , which because they are already corrected , i here passe by , informing thee onely of one thing worth thy observation : to wit , that it appeares expresly by levit : 1 , 11 , 16. exod : 20 , 26. c : 26 , 35 , c : 40 , 6 , 7. 26 , to 34. iosh : 22 , 10 , 11 , 2 sam : 24 , 18 , 25. 1 kings 6 , 22. c : 8 , 64 c : 18 , 32 , 35. 2 kings 11 , 11 c : 12 ; 9. c : 16 , 14 , c : 1 , 5. c : 23 , 12 , 2 chron : 1 , 6. c : 5 , 12. c : 15 , 8. c : 33 , 4 , 5. psal : 26 , 6. isay 19 , 19. ier : 11 , 13. c : 17 , 2. ez●ch : 6 , 4 , 5. c : 8 , 5. c : 9 , 2. c : 40 , 47. ioel 2 , 17. matth : 23 , 35 , that both religious and idolatrous altars heretofore , did not stand eastward , nor yet at the east and of their temples against a wall , at popish altars , and some communion-tables turned altar-wise , now doe 〈◊〉 northward , or southward ; either before the d●●●es , or in the court , the porch , the entrance , the body , or middest of their temples ; and that in such a manner , as men might have space enough either to stand , or walke even round about them . and hence i suppose our f common-prayer-booke , our g canons , h & qu. elizabeths injunctions , expresly order : that all our communion tables , when the sacrament is administred ; shall stand , ( not in the east end of the chancel altarwise , * with one side against the wall , where some unconformable over-conformists have lately hedged them in ; for which an inditement lies against them upon the statute of 1. eliz. cap. 2. besides other ecclesiasticall censures by their ordinary : ) but in the body of the church or chancell , so as the communicants may place themselves round about them . men usually i sit round about their tables at meales : yea k christ himself & apostles sate round the table when he instituted this his holy sacrament , as all the evangelists witnesse , and so should we doe too . vvhich i observe the rather , to controll the irregular practise of some ignorant popish innovatours : who against the expresse command both of our common-prayer-booke , canons , injunctions , yea the very practise of christ , his apostles , and of the church before & since their time ; dare turn communion-tables into altars , ( though we have now none else but l spirituall priests and sacrifices , and so no altars , but one spirituall altar , which is christ : ) or at leastwise place thē altarwise , against the wall and east-end of the church , even when the communion is administred . vvhich uncanonicall practises i hope they will now reforme ; or else i trust our bishops in their consistories , or in their default , our iudges and ●ustices in their sessions , will legally proceede against them ; and against those who set up images and saints pictures in our churches , contrary to the express statute of 3. e. 6. c. 10. the homelies against the perill of , 〈◊〉 ●●●●blished by the 22. and 35. articles of our church , and by the statute of 13 , eliz. c. 12. which confirmes our articles , as the undoubted doctrine of the church of england , and so by consequent our homilies 〈◊〉 contrary to qu. eliz. injunctions , injunct . 2 , 3 , 23 , 25. and the articles to be enquired of in visit●tions , set forth in 1559. artic : 2 , & 45 all which expresly command all images , * crucifixes , shrines , pictures , paintings , candlestickes , bundles and rolls of waxe , and all other monuments of f●ined miracles , pilgrimages , idolatry and supersticion , to be taken away , defaced , destroyed , and utterly extinct , so that there remaine no memory of the same in walls , glasse-windowes , or elsewhere , neither in churches , nor private houses . yea contrary to the statate of 3. iacobi chap. 5. vvhich as it enacts : * that no person or persons shall bring from beyond the seas , nor shall print , sell , or buy any popish primmers , ladies psalters , manuels , rosaries , popish catechismes , missalls , breviaries , portalls , legends and lives of saints , containing superstitious matter , printed or written in any language whatsoever , nor any other superstitious bookes printed or written in the english tongue ; upon pain of forfeiture of 40 shillings for every such booke . ( a law that needs due execution now , when so many of these bookes are brought over into england every * mart , and sold publickly almost in every shop without controll : ) soit authorizeth iustices of the peace , majors , baylifes , and other chiefe officers in their liberties , to search the houses & lodgings both of convicted and suspected recusants for such books , and reliques , and to deface and burne their * altars , pictures , beades , and crucifixes , as the very reliques of popery and monuments of idolatry : all which our church , our state , thus abolishing and condemning , i hope they will speedily inflict such penalties on all those popish agents who now endeavor to reduce thē , as their offence demerits , and our lawes prescribe . finis . notes, typically marginal, from the original text notes for div a10188-e240 a mendax fama noces . propertiu●l . 4. eleg . 2. p. 191. b players and playes , ( whom both fathers and pagan authors rightly stile , the plague of soules ) remove in times of pestilence from infected places where they have brought a plague , to places not infected . * this is mr. widdowes 2. booke . c mark. 12. 42 , 43. d acts 26. 24. * he hath been once or twice distracted . * so have i beene enformed , that he had the perusal of it . * pag. 71. 72. * i heare that mr. widdowes was very angry with mr. page , for crossing out so much of his book as he did . notes for div a10188-e1380 a this is thri●● repeated ; page 5 , 60. and 68. lest dulman his reader should forget it ; and at last he prints it in hls errata too , that all might know it is but a trebl● errour . b yet himself in his errata confesseth it to be an errour . * this himselfe acknowledgeth in his errata , under which title his whole confutation ( which is nothing else but a chaos of all-compacted errours ) may be most aptly placed d see sexti decretalia paris . 1507. fol. 187. the edition which i follow . e quoniam sunt in dominica die quidem ad orationem genua flectentes , & in diebus pentecostes , placuit de hoc sanctae & magnae synodo , cunctos in omnibus locis consonanter et consenti . enter stantes dominum ora● redebere , surius tom , 1. p 347. f for pag. 687 edit . coloniae ag●ip : 1606. the edition in oxford library , which mr. widdowes ( who hath converted all his bookes into good liquor ) followes . * for page 53. 54. edit parisiis 1608● in si● thomas bodlies library . g of which custome , with the reason of it , you may reade , concil . carthag 6. can. 20. concil . constanti●op . 6. can 90 concil ●utenens● sub car. magno , can. 37. gratian. distinctio 3. iustin martyr , explie . quaest. christ. ● gent. positarum . quaest. 115. hierom. adver . luci●erianos , c. 4. and these prayers were stiled stationes . tertu●●d vxorem , cap. 3. &c advers . psychicos lib. * page 1. line 〈◊〉 * which church , the first reformers of our church , and all our godly martyrs highly magnified , especially for her orthodox doctrines , how ever some contemn● and hate her now . * yet even a foole when hee holdeth his peace , is counted wise , prov. 17. 28. * est vir ftultus , inconsultus , expers ratione , mente captus & deceptus , &c. * mr. widdowes hath bin once , and most say , twice distracted ; and would you not think so by his writing ? therefore by this definition hee is twice a puritan . * see iohn whites way to the true church , sect . 4. num . 19 , p. 141 who writes , that papists are the puritans . * see his appeale to caesar * see his confutation , pag. 2. * the reason of this quere i have now added ; with the reasons of the two ensuing queries . * this himself acknowledgeth ; p. 84. l. 28 , 29 , 30 , 1. notes for div a10188-e4050 * prov. 14 , 16. the foole rageth and is confident . 1 page 21 , 23 2 page 21. 3 page 28. 4 page 28. 5 page 31 , 32 6 page 32 , 41 * these errataes i could not correct for want of figured pages in my appendix . * coloniae a. grip 1616. tom. 1. p. 1. to 52. * basiliae 1565. * see his p. 21 l. 14. * see his p : 68. l. 16. * page 322. * see ibid. fol. 184 to 192. * see his pag 1. line ult . * and the lecturer of lincolnes inne . * see the conference at the tower , &c. london 1583 , the fourth daies conference . a yet when this psalm was penned , there was no sacrament to kneele at , much lesse to adore . b i thought procession had not beene so ancient . c it seemes the saints shal weare surplesses in heaven . d see his rationale div. offic. e see his page 1 , l ult . f page 2 , l. ult , it s his owne phrase . g see his p. 29 l. 19. h but that at the severall namings of iesus in time of divine service every knee or head shal bow , cannot bee found or spelled out of this text. i so the originall fathers , and most latine & english translatours reade it . see my anti-arminianisme , p. 192. * the 12 day of october last i heard mr. widdows read prayers at 8 of the clocke at night in st. martins church in oxford ; and though he read all the prayers standing , yet hee never so much as bowed his head or knee at the name of iesus , ( which he pronounced with a stentorian voice ) neither in the chapter , creed , not collects . * in nomine iesu● , &c. is never translated , at the name of iesus in any place of scripture else . see acts 2 , 38. c. 7 , 6 , c 4 , 18 , c. 5 , 40 , c. 8 , 16 , c. 9 , 27 , 29 , c. 1● , 18 1 cor. 5 , 4. eph. 5 , 20 , col 3 , 17 2 thess , 3 , 6. why then should it be thus englished here , when as it is hardly sence , or english , as these insta●cestestifie . * see mat , 1 , 16. luke 2. 11. 26. acts 18. 5. 1 cor. 1. 13. * see artic : of england 3 , 4. of ireland 30. accoidingly . a 1 cor. 1 , 17 gal. 6 , 12. 14. phil. 2 , 18. col. 1 , 7 , 20. not iesus his crosse * see acts 17. 3 , c. 26. 22 , 23. * not iesus . b see the collects on easter day which begin thus , christ ( not iesus ) is risen againe , &c. & artic. 4. * a good cōment on phil. 2. 9 , 10 , 11. * see article of ireland 19. * witnes the common phrases in the new testament ; iesus christ , christ iesus , and the like . * see 1 pet. 2 21 , 22 , 23. d 1 pet , 4 , 13 14 , c. 5 , 1 , c. 2 , 21 , c. 3 , 17 , 18 , 2 cor. 1 , 5 , 6 , 7 col. 1 , 24. & acts 26 , 22 , 23 * cal. 6 , 12. lest they shold suffer persecution for the crosse of christ. e acts 4 , 26 , the kings of the earth stand up , &c. against the lord and against his christ. * see eusebius , sozeman , baronius , the centuries ; tertulliani apolog & plin , epist , l : 10 , ep : 97. f page 36 to 42. g it seemes by this , that the name of iesus did onely die , and suffer for us , not his person ; or else his name together with his person h 1 cor : 1 , 13. i dr : whitakers answer to will : raynolds p : 399. k irenaeus advers : haereses l : 1 , c : 25. epiphanius contra haereses , haeros . 28. baroniu● , & spondanus , anno 60 , sect . 2 , anno 97 , sect . 7. & the centuries , 11. * see athanasius , hila●y , nazienzen , basil , epiphanius eusebius pamphilus , socrates scholast . and others in their workes against the arrians ; & baronius , and spondanus , anno 318. sect . 9. accordingly . * bp. andrews , stengelius , mr. widdows , with others , in their places quoted in my appendix . l page 37. m page 37. * and so are they : acts 4 , 10 12. a place much stood upon in this controversie . l see bp. babing tons exposition of the catholicke faith p. 196 , 196 , 197. where this point is excellently proved . m bp. andrewes p 475 , &c. salmeron tom. 3 , tract . 37 n bp. babington : qua l. o acts 4 , 26 , 27. c. 10 , 38. heb. 18 , 9. psal. 45 , 7. 8. luke 4 , 18. isay 62 , 1. p mat. 1 , 21. q mat 1 , 16. luke 2 , 11 see argument 4. yea christs unction authorized , enabled him to be a iesus , a saviour , a king , &c. * see iosephus baronius , nicephorus , epiphanius , & others . r iesus proprium nomen est assumptae carnis ; christus est nomen dignitatis . beda exposit , in c. 1 , mat. tom. 5 , col. 1. hoc nomen iesus significat solam naturam humanam , sed hoc nomen christus dat intelligere utramque naturam , in que intelligitur divinitas ungens , & humanitas uncta . aquinas 3. parte , quaest. 16 , artic. 5 , & quaest. 17 artic , 1. see ire●aens l : 3 , c. 20 & the second article of our church accordingly . * see bishop babingtons exposition of the catholicke faith , p. 196 , 197 , accordingly . * yea saturnius , carpocrates , cerinthus , marcus , marcion , cerdon , apelles , theodotus , the ebionites , samosatenians , nestorians , & other hereticks ; are reprehended by the fathers , for denying the deity , the humanity , the two natures &c. of christ , ( not iesus . ) see tertul. de praescript . advers . haereticos : irenaeus , & epiphanious advers . haereses ; augustine de haeresibus ; eusebius , nicephorus , sozeman , theodoret , baronius , the centuries , & other ecclesiasticall histories ; and mr. rogers analysis on the second article of our church , propos. 1 : therefore it was the most knowne name of our saviour . see rom. 15 , 19 , 20 ; 1. cor. 1 , 23 , c. 10 , 4 , 16. col : 1. 27. c. 2. 8 ; yea the name of our saviour as he is god , though some absurdly , if not heretically deny it . * these subsequent texts doe lively discipher the power and kingdome of christ , by his name christ , not iesus s rom. 1 , 16 t 1 cor. 1 , 23 c. 2 , 2. u ephes : 3 , 8 x phil : 3. 7 , 8. y phil 1 , 23. * this all their indexes testify in which christus , is 20 times and more recited for one iesus . * articles of england , artic 2 , 3 , ● , & artic. of ireland 29 , where our saviour is alwayes stiled christ , but never iesus . * rom. 6 , 4. 1 cor : 1 , 17. ga● : 3 , 27. a 1 cor. 10 , 16 b 1 cor. 4 , 1 2 cor. 11 , 13 , 23. col , 1 , 7. 1 thes 2 , 6. c gal. 1 , 10. c. 6 , 6. col. 4 , 12. d 2 cor. 5 , 19 , 20. e 1 cor. 4 , 15. f 2 cor. 2 , 14 15. g 2 cor. 8 , 23 , 5. * see p. 20 , 21 22 , 23. * ephes. 5 , ● , 25. e phil. 3 , 7 , 8. f phil : 1 , 23. * euseb. de vita constant. l. 1 , cap : 25. baronius & spondanus , ann● 312 , sect : 4 * luke 1 , 47. c. 2 , 11. iohn 4 , 42. 2 pet : ●● 1 , 11. 1 iohn 4 , 14 acts 5 , 31. c. 13 23. eph. 5 ; 23 phil. 3 , 20. 1 tim. 4 , 10. tit. 1 , 4. c. 2 , 13 c. 3 , 4 , 6. * see his p. 1 , l. ult . * this he , and his pupills oft reported , when i was resident in oxford . g page 19 , 75 76 , 88 * see dr. willet & pareus on rom. 14 , who quote origen against this litterall bowing at the name of iesus . * see here p. 7 , 8. * the words of which co●cell are these , si quis audet dicere assumptum hominem coadorari cum deo verbo oportere , &c. ac non potius una adoratione veneratur emmanuelem vnamque ei glorificationem dependit , anathema sit . surius con. tom. 1 , p. 606 , 607 , can. 8. a our english bibles , doe all expound phil : 2 , 9 , 10 , by isay 45 , 23. & rom : 14 , 10 11 ; and so doe all exposstours too . if then phil. 2 , 9 , 10 ; that in the name of iesus every knee should bow , &c be the same with isay 45 , 23. & rom. 14 10 , 11 ; as i live , saith the lord , or , i have sworne by my selfe , &c , that unto me every knee shalbow , as all commentators acknowledge ; the to bow in the name of iesus , is nothing else but to submit , or bowe to christ himself , or to the power and scepter of christ , as god , as lord , & iudge of all ; & not to bow at every severall recitall of his name iesus ; a ceremony not heard of in the primitive church , not yet universally received in all moderne churches : and therfore not the bowing of every knee intended in these scriptures . b page 5 , 60 , & 68 , & his errata too . c mat. 1 , 16 , 21 , 25. d hee applies that to the name , which the scripture attributes onely to the person of iesus , whose person , merits , offices , and intercession onely save us , not his name iesus , as this clerke dath dreame . * see v. 3 , 5 , 8 , 11 , 17 , 20. f see page 18 g see my appendix . h errat autē is qui a via quam patrum electic monstravit a berrat : hormise●● papae epist. ad possessorem . bib. ●p . t. 6. pars 1 , p : 375. i see p : 1 , 6 , 7 8 , 9 , 10 , 29 , 30 , 31 , 39 40 , 42 , 44 , 45 , 55 , 56 , 57 , 58 , 60 , 67 , 68 , 70 , 74 , 78 , 79 , 80 , 83 , 86 , 89 , 90 , where hee thus railes outright against me , and all that bow not at the name of iesus . * see dr. field , of the church booke 5 , chap. ●● , reimprinted at oxford , 1628 , accordingly . * 18. a 〈…〉 b 〈…〉 c 〈◊〉 the 〈◊〉 of idelatry , and of the time & place of prayer , p● 31 10 d 3 edd 6. c. 10. e canons , 1571. p. 19 , canons , 1603. can : 82 ; see arti : 22 , artic. of i●eland , 53. f iewel , morton , tyndall , barnes . willet , raynolds , ormerod & others g the homily against tho perill of idolatry , part 3 , page 41 , to 76. & p. 131. ormerod his picture of a papist , p. 1. to 15. and so all protestant writers on the 2. commandement , from these words , thou shalt not bow downe to them , &c. see 2 chro , 25 , 14. * see tho : beacons reliques of rome c : 24 , fol : 82 , when altars first came in , & dr. raynolds , & fran cis de croy , in their quoted places . * coloniae a●g●ip . 1618. f condemned by the clu●hof●ng● land see my appendix ; the two last pages : honuly 3. against he perill of idolatry . p. 47. hom : 2 , of the time & place of prayer p : 131 , thomas beacons romes relicks c. 81 , 82 bishop babington , notes on exod 20 , & 27 , p : 279 , 307. dr willets synopsis papismi , century 2 , error . 53 , 54. the 82 canon francis de croy his 1 conformity , cap : 24. pelichdorfius contra waldenses cap : 24 , bibl. patrum , tom : 13. p. 325 , 1 , ed : 6 , c : 1 , & 1 eliz. c : 2 ; condemnes them likewise : by vertue of which , and of e. 6 , c 10 , the late erecters of altars , and images may ●and ought to be indicted and punished , to avoid the new incroachments of idolatry . g see those here above quoted h his collection of ●rivate devotions , p : 292 , when wee are prostrate before the altar . i acts 2 , 33 , 34 , c : 7 , 56. r● . 8 , 34 psal : 110 1. eph : 1 , 20. col. 3 , 1. hebr : 1 , 3 , 13. c : 10 , 12. cap. 12. 2. 1 pet 3 , 22. k psa. 103 , 19 psal. 11 , 4. isay 66 , 1. acts 7 , 49 , c : 17 , 24. l ephes : 3 , 17. gal : 2 , 20. isay 57 , 15. rev : 3 , 20. m mat : 12 , 28 luk 1 , 33. col : 3 , 15. * and yet out obsequious superstitious cringers bow unto it then . n 1 cor : 11 , 24 , 25 , 26. o 1 cor : 11 , 24 , to 30. iohn 6 , 47 , to 64. and who ever worshipped or bowed to his meat , or table ? p eph : 3 , 17. q 1 cor : 11 , 25 , 26 , 27. r see the rhemists notes phil : 2 , sect . 2 ; & william reynolds ibid. s mr. perkins , of divine and religious worship , vol. 1 , p : 701● dr. whitakers answer to w. reynolds , p. 398. * august . epist. 50 , bp. babington notes on exod. 27 , p. 307. see my appendix accordingly , and the authours there quoted . t luke 22 ; 30 , 1 cor. 10. 21. u august . dverbis dom , secundum loannem serm. 46. tom. 10. p. 223. walafridus strabo de rebus ecclesiasticis lib. cap 4. bib , patr. tom. 9. pars 1. p 954. &c 19. p. 955 : dr. willets synopsis papismi cent. 2 , error 53. p. 496. bp. babington , notes on exodus c. 20 & 27. p. 279 , 307. euseb : pamp : eccles. hist 1. 10 , c. 4 , p. 204. * see the rubrick before the communion , canon 82. qu. eliz , iniunctions neere the end . & my appendix . v mat : 26. v. 59. to 64. x mat 27. 33. mar. ●5 , 22. y mat. 27. 42. heb. 12 , 2. z mat. 26. 27. 28. * which answeres his allegation , p. 78. * not falsified and corrupted , as hee writes , p. 50 , 60 & 68. * ibid , hath reference to the same tome of bibl patrum , quoted before it . * editione duaci , 1577. * quibus insitum christi nomen , quod est supra omne nomen , hanc deberi venerationem facit , ut non possit a credente contemni . * sede a dextrismeis , donec mundi finis & consummatio venerit , & mittam te iudicem vivorum & mortuorum ; & tunc flectet omne genu super-coelestium terrestrium , & inferorum , potentiaetuae , tuique inimici pro● sternentur velut calcandum scabellum pedum tuorum , & reddes unicuique secundum opera sua . haec veritassic interpretatur & exponit , simodo velis assentiri & approbare . ibid. * nomen domini in lo●co isto ( scilicet phil : 2 , 9 , 10 ) proredebemus intelligere : ta●en non abhorret a vero , sidixerimus , in nomine do●ini , posseintel●●●● in praecep●●● 〈◊〉 * dum dicit fancta fanctis ; populus vicissim clamat ; vnussanctus , unus lesus christus in gloria dei patris ; quod a paulo scriptum resonabit in extremo die , quando iesu flectetur omne genu , & omnis lingua confitebitur . &c. * coloniae agrip . 1606. * opera . venetiis 1571. * francosurti 1548 , fol , 54 , to 58. * scholia in epist , ad phil. c. 2 v 9 , 10. herbornae 1616 , p. 1160 , 1162. * editio 2 , roterodami , 1622. * in nomine , not ad nome● thus all the recited authours reade it . a this is the generall interpretation of all the fathers and ancients , and so our church in te deum laudamus , doth seeme to interpret it . b this is the received exposition of all moderne expositours . * for every knee of things in heaven , and things in earth and things under the earth , shall not bow to christ till then , neither shall every tongue til then confesse , that iesus christ is lord. this scripture therfore being only then fulfilled , cannot without falsification and perverting be applied to any other time but that alone . c in his sermon at white-hall , 1614. in his late workes p. 475 , 476 , 477. d consutation p : 21 , 22 , 23 77 , 78. e here p. 7 , 8 , 31 , 32. f lincolniensis super evangelia parte 4 , c. 7. alexander fabritius , destructorium vitiorum pars 4 , c 38 , g ; vincentius in speculo l 10 , c. 57 ; magarinus de la bigne ; de ● . ignatio , &c. bib. patr. tom 1 , p. 76 ; molanus de picturis c : 60 ; carolus stengelius , de s. nomine iesu c. 27 ; salmeron operū , tom. 3. tract . 37. f lincolniensis super evangelia parte 4 , c. 7. alexander fabritius , destructorium vitiorum pars 4 , c 38 , g ; vincentius in speculo l 10 , c. 57 ; magarinus de la bigne ; de ● . ignatio , &c. bib. patr. tom 1 , p. 76 ; molanus de picturis c : 60 ; carolus stengelius , de s. nomine iesu c. 27 ; salmeron operū , tom. 3. tract . 37. g euseb. eccl. hist l. 3 , c. 32. see carolus stengelius c 27 , accordingly . g magarinus & molanus qua ● . h vincentius stengelius , & salmeron . i lincolniensis & fabritius . k who had this inscription , iesus , & iesus est amor meus , ingraven in their hearts ; if we beleeve stengelius de ss . nomine iesu cap. 27 , p , 145 , 146. l mark 11 , 33 cap. 10 , 47 , 52. 1 thess. ● , 1 , c. 4 , 14 2 thes. 1 , 12 , 1 tim. 1 , 4 , 14 2 tim. 2 , 1. 1 pet , 1 , 3 ; 2 pet. 1 , 1 ; iude 1 ; revel 1 , 9 , matth. 27 , 11 , 1 cor : 5 , 4 ; c : 12 , 3 ; 2 , cor. 4 , 5 , 10 , 11 , 14. iesus , is twice recited in one verse ; & iohn 19 , 38 , thrice in one verse ; 1 cor : ● , 1 , to 11 , 9 times in 10 verses , twice in one verse . ephes 1 , 1 , 2 , 3 foure times in three verses ; col. 1. ● , ● , 3 , 4● its foure times mentioned in 4 verses : & to bow downe to the ground almost , sooftē , in a reverent and serious manner , must needs interrupt a man much in his hearing , reading , and attention to the text and sence . m pag. 5 , 60 , & 68. * pag 66. 67. 20. a page 13 , to 25. b page 9 , 10 , 13 , 14. c see aditus ad logicam , p. 119 , 120. d 1 cor . 8. 4 c : 10 , 19 e see 1 cor : 8 , 5 , 6 ; isay 44. 9 , c : 4● , 20 , c. 46 7 c. 11 , 23 , 24 , 29. f 1 cor. 7 , 19 g see cal. 5 , 6. h see mat 23 16 , 18. acts 21 24. 1 cor : 3 , 7. c. 8 , 2. c : 10 , 19. cal. 2 , 7. c 6 , 3 phil 3 , 7 , 8. & 1 tim 6 , 4 , accordingly . i 2 ●ct . 2 , 16. k see his pag 5 , l 35. a see p. 15 , 16 17 , 18 , &c. b page 19 , 75 76 , 88. c page 34. d page 21. e page 25 , 26 , &c. * for they write that god &c , is the name not iesus , p ●6 , 67. and that this bowing is adortion , and sub●ection &c p 60 , 61 , to 67 not any corporall genuflectio● at the naming of iesus . n a canon only of direction , by way of advise , not of obligation , by way of command , there being no penalty expressed in it . o that is , such reverence as the scripture commands , for none else is due to christ : whereas this of bowing at the name of iesus , is not commāded in scripture , for ought that can appeare , therfore not due . p yet most men use the contrary . yea many at their first entrance into the church intime of divine service , fal to their first private devotions , which this canon , & the 2. part of the homily of the right use of the church , p. 8 , expresly prohibit ; and yet they are not censured , but commended for it . * this divers have informed me upon their knowledge . * page 90 , l. 29 , 30 , 31. q prov 10 , 1. a foolish son is a heavinesse to his mother . * quid stulti proprium ? non posse & velle nocere . ausonii sapientes p. 91. r nihil est enim inamabilius quam diligens stultitia , seneca cont. l. 7. con● tr . 5 , p. 1136. s prov. 13. 16 notes for div a10188-e13770 a see salmeron , stengelius , the sorbonists , rhemists and others hereafter cited b ●hey say they bow to the communion table , because it is the place of christs speciall presence : yet acts 7. 48. & 17 24 certifie u● ; that ●od dwelleth not in ●emples made with hands ; & acts ● . 11 , c 2 , 33 , 34 c. 3 , 21 , &c. 7 , 56 , instruct us , that our saviour is now as●cended into the heavens ; that hee sits now at his fathers right hand , & that the heaven must containe him untill the times of restitution of all things . c psal. 128 , 3. 1 kings 13 , 20 math. 26 , 20. mar. 14 , 18. lu 22 , 14. 27 , 30. iohn 13. 12● 28. d see here p. 35 , 36 , 37 , 38. & my appendix the two last pages . * contra gentiles lib. notes for div a10188-e14070 anno dom : 103 anno 1160. a bibl : patr : colon : agrip : 1618 , tom : 12 pars 2 , p : 88 1 , d b which may bee either intended to worship and pray to her , or else to bow at the recitall of her name : anno 1220. b bib. patrum tom. 13 , 〈◊〉 ● c. 〈◊〉 * to iesus christ , not to iesus onely . anno 1230. * bibliotheca pattum tom. 13. p 351. b. not iesus only * bibliotheca patrum tom. 13. p. 452. h. anno 1240. anno 1273. d see sexti decretalia lib. 3. tit . 23. c. 2. fol 187. cent. magd. basiliae 1574. cent. 13. col. 919 , 934 , 935. greg. 10. decretalium l. 6● de immunitate ecclesiae , cap. decet . carolus stengelius de ●5 , nomine iesu cap. 23 , p. 123. phil● 2. e see ca●olu● stengelius de ss . nomine iesu , c : 23 , & salmeron , operum tom : 3 , tract : 37 , p : 335 &c : who can raise this ceremony from no higherpedegree . f ioannes 22 , ducentos dies verae indulgentiae omnibus qui ad nomē iesu genua flecterent , vel caput inclinarent , vel tunderent pectus , largitus est : salmeron operum , tom : 3 , tract : 37 , p : 335 g see marty . riologium romanum ; & op meeri chronog● p : 414. h carolus stengelius de ss : nomine iesu cap : 29 , p : 157 , 159. i carolus stengelius ibid p : 159 , 160 , 161 molanus de picturis & imag : cap : 56 ; antoninuspars 3 , historiae tit . 24 , cap. 5 ; salmeron ope●ū tom . 3. tract , 37 , p. 335. * so writes salmeron . k molanus de pictur . et imag. c. 56. l pars 3. hist. tit : 24 , c : 5 : see s tengelius p. 162. m qua k , see stengelius ; p : 162 ; & dr● fulkes notes on the rhemish testament , on a● poc : 13 , sect : 7 , 8 , 9. anno 1431 n surius concil : tom : 4 , p : 61 , 2. anno 1524 * surius concil tom . 4. p. 740 , 741. phil 2. * surius ibid. p , 731. phil. 2. anno 1548. surius concil . tom . 4. p. 810. * both names are here expressed . phil. 2. * nota. anno 1549. * surius to●● . 4. p. 869. * not anno 813. as some mistake it . * nota. * iesus and christ are here both united . anno 1583. * decreta ecclesiae gallicanae lib. 1. tit . 2 , cap. 22 ; p. 21. * 1. cor. 11 , 5 , to 16. a 1 cor. 11 , 5 to 16. 1 tim. 2 , 9 , 10. 〈◊〉 : 3 , 3 , 4. synodus turon : 1●83 , & concil . ●itur : 1584 , apud ●ochel . decr. ecclesiae gal. l. 6. t it 9 , c● 11 , 12 : see my vn●lovelinesse of love lockes p. 12 , to 23 , 30 , 31 , 32 , & 43 , to 51. * see gen. 51 43. matth : 27 , 29 , rom : 11 , 4. bow the knee , not knees . b bochellus decr eccl. gal. l : 1 , tit : 7 , c : 28 p : 86. anno 1584 * see iesus his psalter , in which the name iesus is called upon 450 times , 30 times together in a place : which requires 30 severall genuflections . see bp. babingtons exposition of the catholike faith , page 19● . * see dr. fu●k & mr. cart. wrights answer to the rhemish testament : ●b . * his crosse & name ; &c. are here coupled together . * nota. * what difference then can any protestant bower at the name of iesus make between his bowing & the papists ; which protestants formerly condemned , & yet many of them now contend for . * which some protestants , in name at-least , begin now to set up again , to please the rhemists & papists . * where hee pithily disputes this point , as also in his first reply to bp. whitguifts answer p. 163 & in his 2. reply p. 215. * heidelbergiae 1613. * francosurti 1548 , fol. 54 , to 58. * herbornae 1616. * as i heare of some protestants who are now writing for this ceremony too , as hote as any iesuites . * oper●̄ tom. 3. tract . 37 , p. 335. * it seemes the divel is better pleased with this bowing , than christ. * let our bowers at the name of iesus note this well , and answer it as they can . * you see how the papists ranke these three together ; the adoration of the crosse , the image , & the name of iesus . * printed augustae vindelicorum 1613 , where there is much written of this name to little purpose . * this is bp● andrewes his reason too ; see his sermons , p. 475 , 476 , 477. * this is mr. widdowes his reason : see his confutation , p. 6. & . 30 to 32 , & 81 , 82. * in nomine , not , adnomen , which signifieth to , not at the name ; so that those who bow 〈◊〉 iesu , 〈◊〉 to it , not 〈◊〉 , and so are 〈◊〉 . * so writes mr. widdowes too ; page 6 , 14 15 , 16 , 17 , 25 , 26 , 74 , 86 , 87 , 88 , 90. * yet salmeron informed us before , that the diveleassed a monke for omitting it and therefore he is rather the authour , than the hinderer of this bowing . * see bp. andrews sermons in folio . p. 475 476 , 477 , mr. adams his sermons , p. 1203. dr. wrens sermon , febr. 12 26 27. p. 26 , 28. * 〈…〉 * see luca● tudensis ad. vers . albigens . errores l. 2 , c. 10. iunocentius 3. in circumcisione domini , sermo 1. operum tom. 1 , p. 93 , 94 , 95. carolus stengelius de ss . nomine iesu : cap : ● , & 30 : see bp. babington exposit of the catholicke faith , p. 196 , 197. erasmus paraph. on phil. 2● & others accordingly . a see the masse booke , iesus his psalter● & carolus stengelius , de ss . nomine iesu cap. 23 , p : 127 accordingly . b viz by bowing unto it , when it is pronounced , as stengelius understands it . * bp. andrews & mr. widdowes , who quote some fathers for it : whereas bp. whitguist , and zanchius write only , that it was an ancient custome and practise in the church , but quote no authorities to prove it , because in truth there are none extant . c see here p. 7 , 8 , 31 , 32. d sic nata romana superstitio , quorum ritus si percenseas , ridenda quam multa , multa etiam miseranda funt . minucius felix , octav. p. 76. e 2 thess : 2 , 10 , 11 , 12 * cyprian , de spectac . lib salvian de guber . dei l. 6. f de spectaculis lib. c , 8. g see the councell of seine , the rhemists , salmeron , stengelius & fulkqua supra . h tertullian . de spectac . 〈◊〉 notes for div a10188-e16870 a instauratque choros , mistique altaria ●ircum cretesque dryopesque fremunt , pictique agathyrsi &c. stant arae circum . virgil. aeneid . l. 4 , p. 179 , 184 , dona ferunt , cumulantque oneratis lancibus aras : tum salii ad cantus incensa altaria circum , populeis adsunt incincti tempora ramis hic iuvenum chorus , ille senum , &c. virg. ae neid . l. 8 , antwerpiae 1613 , p. 280 , see strabo geog l. 10 , ovid fastorū l. 4 , 5 , 6. & alexander ab alexandro l. 4 , c. 17 , f. 226 , 227 , accordingly . b see exod. 34 , 13. deutr. 7 , 5 ; c. 12 3 ; ● kings 11 , 18 ; ezech. 6 , 4 , 6 ; 2 chron. 14 , 3 ; c. 34 , 4 ; acts 17 , 16 , 23 , 29 , & dr. rainolds de idol . rom. ecclesiae , l , 2 , c ; 3 , sect ; 46. c exod : 20 , 24 , 25 , 26 ; deut : 27 5 , 6 , iosh : 8 , ● , 31. d see exod : 20 , 23 , 24 , psal : 115 , 4 , & 135 , 15 , isay 2 , 20 , & 30 , 22 , ier , 10 , 4 , ezech ; 16 , 17 , 18 , dan , 3 , 1 , to 8 , & 5 , 4 , 23 , hosea 13 , 2 , & acts 17 , 29 , quis ergo dubitat horum imagines consecratas vulgus orare , et publice colere , dum opinio et mens imperitorum artis concinnitate deeipitur , auri fulgore perstring●tur , argenti nitore , et candore eboris hebitatur , minucius felix , octav , p , 73 , 74 , 75 , see the 2 , and 3 , part of the homily against the perill of idolatry accordingly . e autante ora deum pingues spatiatur ad aras dicitur ante aras media inter numina di●um : multa iovem manibus supplex orasse supinis virg. aeneid l. 4. p. 171 175. iamque dies epulata novem gens omnis , & aris factus honos aeneid . l. 5. p. 213 hane aram luco statuit quaemaxima semper , dicetur nobis , & erit quae maxima semper aeneid l. 8 , p. 279 anotable description of an high altar . f the last ru●●●●e before the 〈◊〉 . g canon 82. h iniunction ult . for tables in the church . * no table ever stands so at which men use to eate ; the placing of it therfore in this posture like a kitchin dresser , bench , or sidetable , doth in a manner make it cease to be a communion-table , and addes disgrace unto it . i psal , 128 , 3. 1 sam. 16 , 11. k see mat , 26 20 , 26 , 27. mat. 14 , 18 , &c. luk 12 , 14 , 27 , 30. iohn 13 , 12 , 28 1 cor. 10 , 16 , 11. c. 11 , 20 , to the end . see luke 24 , 30 , c. 7 37 , 49. c. 11 , 37 mat. 9 , 10 , mat 16 , 14. ps● 128 , 3 , 1 sam. 16 , 11 , & godwins iewish antiquities , l. 3 c. 11. p. 114 , 115 , 116. how christ , his apostles , and the iewes did use to sit round about their tables ; and that christ did sit so when he instituted the sacramēt . therfore if we will imitate christ , our communion tables must bee so placed , that the communicants may sit or kneele round about them . l rom. 15 , 27 1. pet , 2 , 5. iohn 12 , 1 , phil , 4 , 18. heb. 13 , 10 , 15. c. 4 , 26 , 27 , 28. c. 10 , to the 14. * 〈◊〉 the stat. of 13 eliz. c. 2. al such as bring over any consecrated ag●●●● dei , crosses , pictures , ●eads or such like superstitious things , & such who wittingly buy , receive , or weare the same , incurre a premunire . and yet how many now transgresse this law ? * see 3 , & 4 , e. 6 , c. 10 , to the same effect * especially the last , when there were few else , but such bookes as these brought over . * the altar doth alwayes sanctify the sacrifice , not the sacrifice the altar , mat : 23 , 18 , 19 , 20. if then wee have any altars now , then our altars consecrate the sacrament , not the priests , or words of consecration : and so our altars are greater and better than our sacraments . eight military aphorismes demonstrating the uselesness, unprofitableness, hurtfulness and prodigall expensiveness of all standing english forts and garrisons ... by william prynne of swanswick, esquire ... pendennis and all other standing forts dismantled prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56158 of text r22224 in the english short title catalog (wing p3948). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 91 kb of xml-encoded text transcribed from 22 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56158 wing p3948 estc r22224 12363242 ocm 12363242 60311 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56158) transcribed from: (early english books online ; image set 60311) images scanned from microfilm: (early english books, 1641-1700 ; 222:21) eight military aphorismes demonstrating the uselesness, unprofitableness, hurtfulness and prodigall expensiveness of all standing english forts and garrisons ... by william prynne of swanswick, esquire ... pendennis and all other standing forts dismantled prynne, william, 1600-1669. [2], 16, 17-24 numbered as leaves, 25-32 p. printed for the author, and are to be sold by edward thomas ..., london : 1658. published earlier with title: pendennis and all other standing forts dismantled. reproduction of original in university of chicago library. imperfect: t.p. dark and partially illegible. eng england and wales. -army. standing army. a56158 r22224 (wing p3948). civilwar no eight military aphorismes, demonstrating the uselesness, unprofitableness, hurtfulness and prodigall expensiveness of all standing english f prynne, william 1658 15777 44 0 0 0 0 0 28 c the rate of 28 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2005-12 tcp assigned for keying and markup 2006-03 spi global keyed and coded from proquest page images 2006-06 derek lee sampled and proofread 2006-06 derek lee text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion eight military aphorismes , demonstrating the uselesness , unprofitableness , hurtfulness and prodigall expensiveness of all standing english forts and garrisons , to the people of england : their inability to protect them from invasions , depredations of enemies , or pyrates by sea or land : the great mischief , pressures , inconveniences they draw upon the inhabitants , country , and adjacent places in times of open wars , when pretended most usefull : and the grand oversight , mistake , injury in continuing them for the present or future reall defence of the peoples lives , liberties , estates , the onely ends pretended for them . by william prynne of swanswick , esquire ; for the common benefit , ease and information of the whole nation . habak. 1.10 . they shall deride every strong hold , for they shall heap dust , and take it . hosea 3 14 iudah hath multiplied fenced cities , but i will send a fire upon his cities , which shall devoure the palaces thereof . 2 chron. 12 4. and he took the fenced cities which appertained to judah . dan. 11. ●5 . the king of the north shall come , and cast up a mount , and take the most fenced cities ; neither shall there he any strenght to withstand . ezeck. 26. 11 , 12. he shall stay thy people by the sword , and thy strong garrisons shall go down to the ground ; and they shall make a spoile of thy riches , and make a prey of thy merchandise ; and they shall break down thy wals , and destroy thy pleasant houses , and they shall lay thy stones and thy timber , and thy dust in the middest of the water . london , printed for the author , and are to be sold by edward thomas , at his shop at the signe of the adam and eve in little brittain , 1658. eight military aphorisms ; demonstrating the uselesness , unprofitableness , hurtfulness and prodigal expensivenesse of all standing english garrisons to the people of england ; their inability to protect them from enemies invasions , depredations by sea or land , the great mischiefs they occasion in peace & open war , the oversight , injury of continuing them at the peoples excessive expence , ( or any other mercinary land-forces for the present or future real defence of the peoples persons , liberties , laws or estates . ) though garrisons in three or four of our greatest , richest , strongest cities ( which are as so many magazenes and places of refuge ) may in some respects be necessarie and convenient in times of war ; especially when guarded by the cities own arms and forces yet that our ordinary standing mercenary garrisons ( especially in small castles and blockhouses are not only altogether uselesse , but most dangerous , oppressive and mischievous grievances to the nation , both in times of war and peace , i shall briefly evidence by these ensuing aphorisms . 1. that the principal use , end of garrisons is onely to keep a forraign conquered enemy or countrey in constant subiect on and contribution to the conquerers ; therefore not to be contniued in our own free nation by those who pretend its freedom and enfranchisement from bondage , unlesse they resolve to make us their conquered vassals and tributaries , instead of english-freemen . 2. that all garrisons , castles , forts & block-houses throughout england if their works and fortifications were demolish'd , would be nothing else but meer despicable , worthless , barren hills , or clods of earth , scarce worth two hundred pounds a yeer at their best improved value ; which no wise statesman or enemy , upon due consideration , would either value , look after , or go about to fortifie , more then those many thousand unfortified rocks , hills upon the sea-coast or in inland counties , which any forraign or domestick enemies might , with as much advantage to themselves , and prejudice to the nation , soon fortifie and garrison with ease and advantage , if they would bestow so much charge & pains , as on those now fortified & furnished to their hands at the peoples cost , if once but masters of the field w●●h forts would stand the enemies in no more stead , if now sleighted , then any other unfortified hills , rocks , or those garrison'd hills and rocks would do before they were fortified and garrison'd , being altogether as unuseful , unable to defend or secure the nation and people near them from the invasions , plunders , conquests of any potent enemy or party stronger then these petty garrisons , as any other unfortified , ungarrisond hills or rocks throughout the island of like , or as strong a situation , and really serving only to defend the bare mercenary garrison-soldiers in them ; and the barren rocks , hills alone whereon they stand , not the whole nation or counties adjoining , in time of such invasion , danger , till they be either taken by , or surrendred to the prevailing party & enemy . therefore to put the nation , countrey to a vast annual expence of many thousand pounds each yeer to fortifie , furnish and man such garrison'd fruitlesse rocks and clods of earth , ( not worth 200.l . a yeer at utmost value ) which can neither secure the whole island nor people near them from forraign or domestick enemies , and to continue them garrison'd at such a prodigal expence , is as great a solecisir , madnesse , prodigality in true martial & state politicks , as it would be ill countrey husbandry for the whole nation or private statesmen to bestow one hundred thousand pounds every yeer in planting , sowing the hills and rocks whereon these garrisons now stand , to reap a barren crop only of 200.l . a yeer at most ; which ( as they are now garrison'd ) yeild them not one farthing towards the publice revenue , and yet have cost the nation very many thousand pounds out of their purses every yeer , to no use or end at all , but to cast away so much money on lazie garrison-soldiers , to smoke tobacco , and cry one to another , who goes there ? ( as if we had stil too much mony in our dry-dra●ned-purses ) and to continue them at this grand charge , only because the island and places near them , might be endangered , if slighted , & their ruins supprised regarrisond by an enemy ( who wil never certainly be so mad or sottish , as to fortifie any slighted garrisons , unlesse able to defend them against the whole nation ) is as grosse an absurdity , as to argue ; we must forthwith fortifie , garrison , all other advantagious sea-coasts , rocks , hills , basses in england , because else any enemy might master , seise and fortifie them to the nations , peoples danger , damage ; and repair , fortifie all old late demolished castles , forts , block-houses , upon the same reason and accompt , ( which all the indian mines would not suffice to garrison ) 3. that england being subject to the forraign invasions , depredation of enemies or pirates , only by sea with ships , which no fixed land-garrisons can incounter , assault , board , take , sink , or pursue from place to place , nor hinder from landing under their noses , if stronger then they ; muchlesse in any other place out of their command ; ( as is undeniable by our ancient seising of cadez and sundry townes , garrisons in the indies by sir francis drak , & others , and our late invading and taking in of the isles of s●lly , ge●sey , ga●nsey , the barbadoes and scottish island , without the losse of any one ship , and of very few men , notwithstanding all their blockhouses , forts , garrisons , for to secure them they are altogether useless prodigalit●es ; our victorious puissant navy being the sole , best , sufficient defence against them , and only able to resist , take , sink and surprise them : that england ( as mr. cambaen and † others write ) being 1836. miles in compasse , all invironed with the sea , except for some few miles space next to scotland ; it is as great a mistake in point of state-policy , & as grosse an absurdity in military-skill , to assert or believe , that 40. or 50. standing garrisons , forts and block-houses , distant sundry miles one from the other , not taking up or securing 40. whole miles of this vast circuit , and leaving no lesse then 1800. miles thereof , and near as many landing places for enemies and rovers open to their invasions ; without any defence at all , can hinder either their landing or pillaging , or secure the island from invasion , by any considerable fleet and forces now , which they never could do in former ages , as its frequent invasions and conquests too by the romans , saxons , danes normans and others , notwithstanding all our ancient castles and garrisons attest . and to continue them for this very end upon the impoverished nations drained-purses , by imposing unusual , unsupportable taxes , excises on them for their support , is as grosse a conceit , as to assert , that the garrison and guns in dover castle can forciblie keep off any forraign fleet of enemies or pirates from landing or plundering at the lands-end , lizards point , or whitsand-bay in cornwall , or at st. davids in wales ; or , that the fortifying of the tower of london alone , or the uselesse block-●ouse● at grave●-end ( which can neither slay , hurt nor sink any resolute ship or vessel , much less an whole fleet in a sunshine-day , nor yet discern them in a mist or darksome night , and can discharge their guns at them only at roves but once at most , with more expence of powder and bullet to the state , then harm to the vessels they shoot at ) will hinder a whery-boat or navy fraighted with soldiers at brainford from landing in ●utile-fields or vvindsor ; or the guarding and locking up of crippl●-gate alone , hinder an whole army or brigade from entring into london at new-gate , or any other gate of the city , though they all stood open , unguarded , & though all its walls and works ( like the late line about it ) were levelled to the ground . yea , as vain a state , a military policy , as formerly to have built a fort onely at tyburn to secure all london , westminster and southwark , against the late kings army , without drawing any line of communication round about them , or placing any other guards then those in tyburn fort for their defence against them ; or to have placed a single company of the london militia at vvhite-chappel , to guard both houses whiles they sate at westminster , without any other guardians to secure them nearer hand ; it being both vanity and folly to fortifie only one inconsiderable part of a town or garrison ( and so if the island ) if all therest be unfortified , and lie alwaies open to all enemies invasions without defence . 4. that in all times of publick peace , or when and whiles there is no enemy near , it is peace it self alone , and want or absence of enemies that secures the peoples , nations persons estates from danger , plunder ; not garisons or field armies ; which cannot universally protect their lives or goods in all places and at all times , when there is any open war or enemie in the field , as peace alone always doth , and will do still , without cost or trouble : therefore it must needs be very ill husbandry and no good state-policy [ in these or other times of inland peace ] to keep up land-forces and garrisons throughout the nation at the peoples intolerable costs , now there is no enemie at all in arms amongst us , to protect the peoples persons and estates from spoil and danger , when as our very peace it self and want of armed enemies , doth and will absolutely secure them both , without any charge at all , or either of these costly lordly superfluous guardians ; which could not secure the greatest part of the nation from the late kings forces , power and plunder in times of war , nor yet the kings forts , his friends or quar●●●● from the parliaments forces . 5. that in times of open war , no garrisons throughout the nation can secure themselves and those within them against a puissant army , or any party stronger then these garrisons ; which will soon * take them by force , stratagem , composition ; or for want of provision , ammunition , and other necessaries ; or by treachery or mutiny within themselves , unless timely relieved by a marching field-army able to raise their seiges , as late experience and all histories attest : yea oft-times a small party , far less and nothing so numerous as those garrisons , by some stratagem of war , sodain surprize , or through security or negligence of the garrison soldiers , or by the casual death of some eminent commander ; unexpected forcing of a passe , or routing of some of the garrison soldiers in their salli●s and entring with them in their retreat ; the successful springing up of some mine ; the blowing up of a magezine ; the stopping of all provisions for their relief , advantage of ground , divisions amongst the garrisons , treachery , bribery in officers , soldiers , centinels , or townsmen , and a thousand other casualties , have in all former ages ( and will hereafter do the like ) conquered sundry strong garrisons throughout our three nations , and in all other parts of the world : besides no garrisons in our nation , without the assistance of a f●e●d army , either are or ever were yet able to protect themselves by their own strength against any powerful enemies seige , who resolved for to gain them , in times of war . it can be therefore little less then apparent folly or frenzy for us , to perpetuate and maintain them still at so vast a charge in these times of in-land peace throughout the nation , to protect and secure the whole land or country about them ; being thus unable to defend and secure themselves in the heat of war from foreign or intestine enemies . 6. that garrisons both in times of peace and war , are so far from being a benefit , safeguard or protection to the whole nation , or to the inhabitants within them , the country about them , and the contributers towards them ; that in truth they are commonly their greatest grievance , oppression , loss , damage , mischief , and frequent occasions of their utter ruine both in peace and war , as shall be evidently demonstrated for our soldiers , states-men , and nations future in formation , and speedy suppression of these grandest grievances , by these particulars 1. in all times of peace , they put the whole nation , inhabitants , country , to an excessive prodigal expence of moneys , which would be better imployed in relieving and setting poor people on work , advancing trade , manufactures , merchandize , improving lands , and supplying the peoples particular occasions ; to all which , and the better relief of maimed soldiers , their continuance is and will be still extreamly prejudicial : they much impoverish , grieve , oppress , discontent the people by endless taxes , excises to maintain them ▪ by billeting , quartering , and oft-times free-quartering the garrison soldiers on them ; by the frequent mutinies , misdemeanors , abuses , outrages of garrison soldiers , and lordly imperiousnesse of their governors and officers , over-topping , over-ruling , and sometimes abusing in many places the nobility , gentry , ministry , and civil magistracy , as well as common people ; and interrupting the course of justice , by protecting both themselves and their soldiers from arrests and executions for just debts , duties , trespasses to the people ; by entertaining , listing and detaining children against their parents , servants and apprentices against their masters , husbands against their wives and families good wills , to their great grief and prejudice ▪ by keeping of many thousands of able , young , lusty men in meer idlenesse , spending their time in eating , drinking , gaming , whoring , sleeping , lewdnesse , or easie uselesse duties day and night , onely to gaze about them ; to call to one another , stand , &c. and to spend much match and powder to no purpose , but to waste them and our treasure in complements ; and in the mean time robbing the nation of the benefit of their honest painful labors in their callings ; by their frequent running away upon discontents or misdemeanors , leaving their wives , children , and not a few great bellies and bastards on the inhabitants and countries charge ; running into their scores and debts for quarters and necessaries , and then departing without payment of them ; by infecting the inhabitants and country with the vices , errors , blasphemies , sins , corruptions , diseases of the worst and deboysest soldiers : by occasioning many murders , men-slaughters blood-sheds , quarrels , brawls , robberies , thefts burglaries , disorders , oppressions , drunkennesse , idlenesse , gaming whoring , swearing , neglect contempt of magistracie , ministry gods publike ordinances , sacraments , sabbaths disturbances of our ministers and publike assemblies in and near the garrisons , by dangerous practices to undoe or vex many innocent persons , which else would be prevented ; by hindring peoples free ingresse into , and egresse out of garrisons about their urgent occasions , concerning which their centinels , corporals , governors strictlie interrogate them ex officio , and force them to dance attendance on them sometimes many hours space , to extort beer or money from them before they can passe or repasse about their businesse ; by searching the houses , studies , seising the persons , letters , writings of divers persons by their own bare authorities or others unlawful warrants , against all law and the peoples native freedom , upon feigned pretences , causeless jealousies , idle rumors vain fears , and sometimes secret conspiracies against their very lives and estates , which are made a prey to these soldiers : by sundry other abuses , in seising their arms , birding and fowling pieces , moneys plate , horses , goods ; and impresting their horses ploughs carts upon needless , or wrongful publike or private occasions and pretences . in all which , and sundry other respects they are extraordinary grievances to the nation , garrison'd places , and countrey adjoining even in time of peace . therefore not to be continued upon any vain pretence whatsoever . 2. in times of war , when they are pretended most necessarie , they are then most chiefly prejudicial , pernicious , destructive both to the whole nation in general ; the places garrison'd ; the adjacent country and all contributing towards them , as these experimental demonstrations will undeniablie evidence against the erroneous opinions and practise of all pseudo-politicians and soldiers contrary pretences , wherewith they delude , yea , cheat the ignorant people : for , in times of actual wars ( especially civil , when they are most pernicious ) they bring a general mischief on the whole nation , and that in these respects : 1. by lengthning and drawing out their intestine wars with the plagues and miseries attending them , for many yeers space , as our ancient and late wars manifest ) by a tedious and successive seige of their garrisons , till reduced ; to the great waste , spoile , destruction and impoverishing of the people ; the innumerable increase of fatherlesse children , widdows , poor and maimed persons , the slaughters , deaths of thousands more then if there were no such garrisons . 2. by multiplying the peoples taxes , expences , to furnish and maintain these garrisons , and raise , pay a great field army besides , for these garrisons security , which would be a sufficient safeguard to the nation without them . 3. by lessening the number , weakning the strength , substracting the military provisions with all other supplies and recruits of the field armies , in whose good or bad successe , strength or weaknesse , the safety or ruine , preservation or conquest of the nation ( next under god ) doth alone principally consist ; and whose victories or ill successes the whole nation , with all garrisons usually do , will and must of necessity follow ; their garrisons being unable to defend them from plunder , total and final conquest , if their field armies be quite routed or destroyed ; which would speedily end the wars by pitched battels in the field in a few dayes , weeks , months at furthest , were it not for besieging and taking in garrisons , which ( through the artifice of mercenary officers and soldiers ) protract the wars for many yeers , and continue the plagues and miseries of war upon the nation far longer then if there were no garrisons in it as , ancient and present experience must and will attest . 2. they are in times of actual war most prejudicial to the towns and places garrisond in these ensuing regards . 1. by doubling , trebling their taxes , contributions , payments , charges to new fortifie and furnish these garrisons with ammunition , artillery , cannons , provisions , magazines of all sorts ; augmenting their mercenary guards and soldiers by hundreds and thousands in some places , to their great impoverishing and vexation ; and that oft times , to betray them to the enemy at last ; yea , to lose those garrisons in a few dayes or howrs , which they have thus ( to their vast expence and trouble ) been fortifying , furnishing , guarding many moneths or yeers space together , as the late presidents of bristol , hereford , with other garrisons belonging both to the king and parliament in england , ireland , scotland and elsewhere , demonstrate ; and the histories of all ages , countries testifie . 2. by continual billetting quartering and free-quartering the garrison soldiers and officers on the inhabitants , within or near the garrisons , to their great oppression , vexation ( superadded to their taxes ) oft times to their utter undoing . 3. by drawing the field-forces likewise into them , and free quartering them all the winter long , or when they are out of action , for their better accommodation and safety , to add to their former affliction ; and by continual uncessant quartering of other marching soldiers on them upon all expeditions , parties sent out upon emergent occasions ; from which heavy pressures , ungarrison'd places and villages remote from garrisons are either totally exempted or ten times more free then garrisons ; which would be as free as they , were they not made garrisons . 4. by exposing them to all the forementioned mischiefs and inconveniences of officers and garrison soldiers in times of peace doubled and trebled in seasons of warre , when the soldiers are farre more unruly , deboist , injurious imperious over them in all kindes then in peace . 5. by inviting , inducing or necessitating the enemies forces to besiege , and inflict upon them the saddest calamities and plagues of war , from which ungarrisoned towns , and places far from garrisons are usually exempted ; or not so liable to , especially in civil wars . to enumerate some particular miseries accompanying seiges . 1. burning , wasting , destroying their own suburbs , neighboring houses , villages , orchards , gardens , trees in or near their garrisons , walls or works , and that frequently by their own officers and garrison soldiers , to prevent the enemies quartering in them or some annoyances from them ; or to contract their works for their better and easier defence of what remaiins unburnt or unwasted , to the undoing of hundreds and thousands , left houslesse and harborless by this inhumane policy , as bad or worse then any enemies rage ; as the sad late presidents of the firing the suburbs of bristol , excester , taunton , lincoln , york , colchester , and other garrisons , experiment ; with some stately houses , and whole villages adjoyning to them : to which may be added , the like frequent furious devastations of them by the enemies , if spared by themselves . secondly , losse of all trading , commerce , and markets , during the leaguers about them , when they need them most of all . thirdly , perpetual fears , alarms , disturbances , watchings , frights , day and night ; continual hard military duties and skirmishes with the enemy , even by the inhabitants themselves at their free cost , notwithstanding their hired , dear-waged guardian soldiers to secure them . fourthly , forcible seisures of the inhabitants houshold-provisions of all sorts , with their beds , bedding , arms , money , plate , to feed , lodge , arm , pay , their mercenary servants ( then in all things , their most absolute lording masters ) who extort and will take from them and theirs all they have , of purpose forsooth to protect them , though those their protected pay-masters and their whole families starve , lye cold or naked on the boards , want money to buy them bread , necessaries , or lie sick in greatest distress . fifthly , the losse of many of the inhabitants lives by assaults , granadoes , fire-works , sallies , shots , wounds , famines , plagues , feavers , and other sicknesses ( usually accompanying sieges and wars ) by invented false accusations , suspitions of holding intelligence with the enemies , or plotting to betray the garrison to them ; by suddain fears , frights , discontents , firing or beating down houses , springing of mines , and the like , during their seiges ; in many whereof if sharp or long , or accompanyed with plagues and sicknesses , above half the inhabitants or more have frequently been quite consumed , and the rest utterly undone , though the enemies left the seige at last . sixthly , the wounding , maiming , loss of limbs of many of the inhabitants , multiplying of their poor widows , desolate orphans by seiges , and their new charge to relieve them . seventhly , the total banishment , captivity , slaughter and extirpation of all the inhabitants and mercenary soldiers too in garrisons , if taken by storm or assault , by putting them all to the sword , man , woman , and childe , without distinction , or the greatest number of them , and carrying the rest captives thence , whereof there are hundreds of sad presidents in * sacred and prophane history . the famous protestant town of magdeburgh in germany , of late years was by bloody general tilly , put totally to the sword , and then burnt to ashes : and tredagh in ireland , though for the most part protestants , always constant to the parliament , enduring many long and sharp seiges by the irish popish rebels ; yet submitting to marquesse ormond ( a sincere protestant , formerly general for the parliament in ireland , and then for the king ) and receiving a garrison from him at the last , when their governor entred into an offensive and defensive league with owen roe-oneal ( the general of the popish rebels ) their greatest enemy , and chief contriver , fomenter of the irish massacre and rebellion ; upon the late taking of it by storm , most of the inhabitants were thereupon put to the sword , without distinction , together with all the garrison soldiers , by gen. cromwell himself and his forces , to the great grief of many good protestants there ; which fatal desolation and total destruction they had all escaped , had they not been a garrison . eightly , the total demolition and burning to the very ground , of sundry private garrisons , castles , strong magnificent houses of ancient nobles and gentlemen , and of some fair churches too , when taken ; whereof our late wars have produced many sad spectacles , as rag land castle , basing house , rowden house , cambden house , litchfield clos● , banbury , pomfret castles , with sundry more : and which is yet more grievous , the burning to the ground , and total desolation , depopulation , ruine of many great famous garrisons , cities and towns ; as troy , jerusalem , tyrus , athens , with hundreds more ; and of the best and greatest part of other stately cities , never since repaired , re-peopled , whereof * sacred and prophane stories of former ages , our own annals , and late experience can furnish us with multitudes of sad presidents : which fatal subversions , devastations , they had all escaped , had they not been garrisoned and stood out a siege . ninthly , the total spoil , plunder , confiscation of all the inhabitants goods and estates ( if not their lives ) to the enemy , if taken by assault or stratagem , to their universal undoing ; and yet putting them to future fines , ransoms , and heavy taxes afterward , to buy their peace , or save them from the general subsequent plunder of all not formerly spoiled by the soldiers ; all which they had escaped , if un-garrisoned . tenthly , the unavoidable reception of greater , and usually worse domineering new garrisons from the conquering enemies ; oft spoiling , plundering firing ransoming , executing the wealthiest of the inhabitants ( notwithstanding all articles of agreement for their indempnity and security ) though taken by surrender onely , not by storm ; which articles are usually much violated , and very seldome kept by faithlesse , greedy , rude , plundering officers or soldiers , who add affliction to affliction , and a new undoing to the old ; to whose new lording lawlesse power , orders , pleasures , government , the inhabitants must all submit , or else they & their families must be forthwith banished out of their native habitations , as enemies , stript naked of all they have , and forced to wander cold & naked about the countrey like vagrants for bread , clothes , relief , houseroom , which they plentifully enjoyed before , to the breaking of their hearts , and shortning of their lives . eleventhly , these garrisons are oft taken & re-taken over and over ▪ and so as oft plundered , re plundered , spoiled , ransomed , and new garrisond by both sides ; yea those of them who were protected as friends and favorites to the one side , are sure to be most spoiled , plundered , oppressed , persecuted by the other , and to suffer thus in their successive turns till they be quite undone and ruined by their frequent takings and re-takings on both sides ; as bristol , exeter , with other places , have found by late sad experience : the vicissitudes and miseries of these garrisons never ceasing till their wars and garrisons cease , and they became no garrisons . twelfly : if any besieged garrisons escape taking in the wars by seige ( as glocester , hull and lime did in our late wars ; but scarce any else ) yet , as it was more through gods mercy , and the valor , vigilancie and strength of their own inhabitants and other volunteers then of their hired mercenaries ; so the length of losses and damages by their very leaguers , did more indammage , impoverish them , then an honorable composition with the enemy at first , or the leaving their towns quite ungarrison'd would have done ; besides their exemption from all those fears ; hardships and other miseries accompanying their leaguers . there was no garrison in the late wars throughout the nation , but if left ungarrison'd by either side , might with the quarter or half quarter of its unnecessary expences to make and keep it a garrison , have avoided all the miseries , losses , devastations , plunders , pressures it suffered as a garrison on both or either side , without any great danger or pillage to the inhabitants , persons or estates by either side : and half the charges of our garrisons on both sides , would have defrayed the whole charges of both the field armies , and ended the wars in far lesse then half the time they were protracted by means of garrisons . in brief , our small castles and garrisons even in times of wars , are , & can be no defence at all , but great oppressions and grievances to the people and countrey ; our great garrisons are then but small defences and greater burdens and grievances to the people then smaller ; yea , all of them after all their fortifications , costs & expences , are , or may be taken by * force , stratagem , famine or treachery at the last , by any enemy who is but master of the field ; witnesse the strongest of cities , ●yrus , ezek. 26. and ierusalem gods own most fortified city , of which the prophet thus writes , lam. 4.12 . the kings of the earth and all the inhabitants of the world would not have believed , that the adversary and the enemy should have entred into the gates of jerusalem ; yet was it often taken , pillaged , dismantled and burnt by the enemies , 2 chron 12.4 . &c. 2 chron. 36.7 , 10 , 17 , to 21. yea , our own garrisons were the principal seats , theaters of all our former and late wars , epsecially when besieged by either party : whence a siege is usually termed le-guerre , from the french , that is to say , the war ; because there is no war to speak of , till then : battels in the field being fought and ended usually in half a day or lesse , and oft within one hour or two at most ; when as sieges ( accompanied alwaies with frequent skirmishes , constant batteries , sundry assaults , sallies , stormings on all hands , or in some quarter or other ) continue many dayes , weeks , months and yeers , sometimes with far greater danger and losse of men on both sides ; and are usually seconded with many skirmishes , bloody battels and incounters of armies or parties sent to victual , relieve the besieged , or raise the siege , occasioning more and greater slaughters then a pitched battel in the field alone , as all histories and experience manifest . upon all which confiderations , all statesmen , soldiers and intelligent inhabitants of garrisons , who have any brains remaining in their heads , or consciences in their brests ) must ingenuouslye ( after due deliberation ) acknowledge ; that garrisons even in times of open wars ( especially intestine ) are so far from being a benefit , blessing , security or protection to their inhabitants and owners , that they are the extreamest pressures , grievances , curses , plagues , dangers , and most destructive , desolating instruments that possible can befall them ; as bringing all the furies , plagues , miseries and extremities of war upon them in perfection , so as it were better , safer for the inhabitants of all or most garrisons at least , and more conducing to their safety in respect of bodies , goods , and freedom from all sorts of inconveniences by war , to continue disgarrison'd , and lye open to both parties armies , as countrey villages do , thereby to escape all the forementioned plagues , to which garrisons are exposed ; or else ( if there be cause ) to fire their own houses before hand , or leave them empty , and flie with their families , goods , moneys , and what else they have , into bogs , woods , rocks , caves , wildernesses ( as the the wilde irish , high-landers , scythians , and all nations wanting garrisons do ) and there to secure themselves from the enemies , till withdrawn thence , routed , or the wars ended ; and thereby to save all or most they have for their own and families uses ; then unadvisedly of their own heads , or by the command of any in power over them , to put themselves to an extraordinary vast expence to erect , fortifie , furnish and maintain garrisons of mercenaries to no other purpose at all , if seriously considered ( unlesse able to defend themselves without any mercenaries or taxes , but meerly voluntary , when and where there is occasion only and no longer ) but meerly to expose themselves to all the premised calamities of war and garrisons , under a brainlesse pretext and lying imposture of defending their persons and estates from danger or molestation by the enemies or others , the contrary effects whereunto they ever occasion , both in peace and war . thirdly , in times of open wars garrisons bring these manifold evils and miseries on the adjacent countrey-villages and contributing friends and neighbors near them , instead of any real benefit or protection from them , which they neither do , will nor can afford them in their greatest needs , though they ; voluntarily or by co-action ( against all reason and conscience ) largely contribute to their fortifying and supplying for this end . 1 , upon the approach of any enemy to besiege them , these very garrisons ( their friends and protectors ) like professed enemies , oft fire their adjourning houses , cut , pull down their trees , orchards , fences , ditches , walls , pales , drive away all their cattel , carry away all their goods , money , plate , arms , houshold-stuff , with their very houshold provisions into their garrisons ; by meer violence against their wills , intreaties , cryes , tears , without any price or consideration at all , to victual and furnish the garrisons with necessaries against the siege , or else to preserve them ( before the enemies approach ) from the enemies possession or plunder , who else would seise them to their disadvantage , when as the enemies for their own better accommodation , would use them more favorably , and not plunder them half so much as these their pretended friends and new protectors . secondly , they are more frequently visited , plundred , spoiled , captivated , fined , ransomed by the enemy upon all advantages and occasions , when there is no siege , then places more remote from garrisons , and not contributing to them for protection , upon these two accompts . 1. to deprive or straiten these garrisons the more of all provisions , necessaries , supplies and contributions from them , if not totally to withdraw them from them . 2. because they accompt them their professed enemies , for being contributers , friends , neighbors to these garrisons , & so all they have is lawful plunder without dispute , unlesse they will redeem it , by fines or ransoms , or by paying as●●●● or greater constant contributions to them and their next adjoyning garrisons , as they do to those , to live in peace ; being thus made a double prey to both sides , under colour of protection by and from both . an intolerable double pressure and imposition , of which our late wars afforded many experimental presidents , in most places next to garrisons ; who if the pillaging enemies be strong at any time , neither will , dare nor ought ( as they hold by the laws of war to stir out of their garrisons to encounter or protect their country neighboring contributors from their plunder , even under their walls and view , for fear of being cut off , and losing the garrison to them : such notable useful protectors are they to the adjacent countrey , as not to stir one foot to help them at their greatest needs , but expose them to their enemies spoil without resistance , if unato protect themselves . thirdly , they are more frequently then any others of the country further of , oppressed , vexed , hindred , impoverished , with the seising impresting of their servants , children , ploughs , carts , horses , and sometimes taking them quite away , by both sides alike , either for publick services or private occasions , to their vexation or undoing . fourthly , they are more oppressed by laboring in , and contributing to these garrisons fortifications , carrying in their ammunition and other provisions cost-free , or for little pay & that long ere received ) constant contributions to their garrisons ; quartering , free-quartering , insolences , outrages , abuses of the garrison soldiers , of marching parties of the field army it self , when drawn into quarters , then any parties more remote from garrisons , and their persons more oft imprisoned , beaten , wounded , their wives , children , servants , more abused , their houses more ransacked ; goods , monies , more frequently seised and taken away upon malice , jealousies , pretences by crafty knaves , officers and pillaging soldiers , then others farther off them . fifthly , when these garrisons are besieged ( as usually and frequently they are ) their pressures and miseries are beyond expression : the men , if well affected to the garrisons , are all forced by fear or otherwise from their houses into the garrisons , woods or other counties if not their wives , children , and whole families likewise , to avoid the fury , pressures , troubles , insolencies of the besieging enemies , who fill all their houses with their free-quartering rude abusive soldiers , eating , drinking up all their beer and other provisions whatsoever for man or beast , both within & without , not leaving them or their families bread to eat , or beer to drink , nor yet any bed , bolster , cushion , or ought else to rest their heads on , or straw to lie in : tread and eat out all their grasse , hay , corn standing or cut , with their horses : kill , devour , drive away all their stock , cattel , which the garrisons have left them , as good booty ; burn up all their pales , houses , wood , timber-trees , fruit-trees , for firing , & soon make them all as poor as job himself . 6. they are more frequently then any others of the countrey further off , oppressed , vexed , hindred , impoverished , as aforesaid ; and every new siege by either party reiterates the same or worse effects as the first , to their reiterated beggerie , as many late experiments fresh in peoples minds about plimouth , excester , lime , taunton , bristol , glocester , worcester , oxford , york , hull ( whose first siege produced the drowning of all the countrey round it in the beginning of our wars ) and most besieged garrisons evidence beyond contradiction ; which miseries countries void of garrisons , or remoter from them , doe not sustain ; the quarterings on them being neither so frequent , thick , long-lasting , or oppressive as in places next to garrisons , especially in sieges . 7. in these garrisond leaguers their gardens , grounds , orchards houses , are frequentlie destroyed , digged up , or pulled down , their trees and timber felled , their men , women , children , ploughs , carts , horses forced day after day , to toile and labour in making trenches , sconces , batteries , approacees , mines , redoubts , or carry timber , provisions , artillery , armes , and other baggage , which remoter parishes are free from ; and themselves would be so too , but for these garrisons , which occasion and enforce these sieges . 8. if the opposites field armie or strong parties from them during the sieges , approach to raise them , or to victual or relieve the garrisons , the oppressions of the adjoyning parts ate then doubled , trebled , and spread wider round about these garrisons , till the whole country , ten , twenty , or thirty miles about , by the long quartering and lying of so many armies , parties upon them , and marches to and fro to take or relieve the garrisons , be quite undone and eaten out ; and so one or both armies necessitated to seek out fresh quarters ; or the garrisons taken or relieved . after this the necessitated neer-starved garrisons requiring new supplies of all sorts , if not taken , extort them from the adjacent countries , if they be to be had above ground , which addes much to all their former afflictions : and then again some other new sieges or occasions drawing one or both armies thither afresh , so soon as the miserable country people have gotten any thing about them , they are , to their endlesse vexation , exposed afresh to all the fformer miseries of wars , sieges , and never eased of them till the garrisons either be demolished or disbanded . from all which experimentall arguments , and real demonstrations of undoubted verity , all rational men whatsoever , and no doubt the whole nation , country , inhabitants of garrisons , with all consciencious self-denying statesmen and souldiers , who really intend or affect the peoples true weal , ease , or safety ( the supream law , the principal end of war , peace , garrisons , armies , parliaments , councils , magistrates , government and higher powers ) as the army-officers themselves remonstrated , in the very worst of their remonstrances , nov. 20 1648. making it the basis of all their exorbitant unparalleled demands therein , & of their violent proceedings in pursuit of them ever since ) will and must henceforth confesse , conclude against all erroneous opinions and practises to the contrary ; that the raising , fortifying and holding up of garrisons , kept by mercenary soldiers , even in times of civil or other wars , is so farre from being a protection , advantage , security to the nation in general , the garison inhabitants , owners of garrison'd castles , or houses themselves , or the country adjoyning to and contributing towards them ; that they are their greatest oppressions , grievances , calamities , plagues , burdens , vexations , damages , tortures , heart-breakings , and usually the chief occasions of their oppression , utter ruine , desolation , devastation in war and peace ; and so in reason , justice , conscience , prudence , ought to be eternally exploded , dismantled , disgarrison'd ( as well as sundry heretofore and of late , there being the selfe same reason for all as for any ) for the nations , inhabitants , countries ease , peace , weal , and future exemption from all the forementioned evils and miseries attending them both in peace and war , without delay or further dispute , by all in present power , or by the supream authority of the people themselves in their wilful neglect or delay out of any sinister or self seeking ends or designs whatsoever , which their publike ease and benefit should outvie . 7. that in all times of civil or other wars within the nation , the true interest , safety , preservation and protection of the island and peoples persons , estates , laws , liberties , inheritances , rights , consist not in our garrisons , or any mercenary officers and soldiers , english or forraigners , modelled or new modelled into a field army , since mercenaries , as well domestick as forraign , in all ages have ever sought nought else but their own private lucre , honor , power , advancement to places of greatest authority , gain , trust , and frequently ( after good successe in wars , presuming on their strength and merits ) have supplanted , subverted , suppressed , destroyed those very powers and 〈…〉 who first raised , paid and confided in them 〈…〉 their preservation , and preferred their own mercenary officers and generals by treachery , murther , perjury and open violence to the imperial and royal thrones of their lawful soveraigns and superiors ( murdered and deposed by them ) as the * roman histories and others ; the practice of the mamalukes — in egypt ; of alexander the great his own captains , who notwithstanding their extraordinary pretences of honor and respect unto him and his , not only poysoned himself ( as some authors write ) but murdered his own son , heir to his empires & conquests , together with his mother , wife , & all his remotest k●n●e● that might lay claim to his dominions by hereditary right & then divided his territories between themselves made , crowned & styled themselves kings ; and then by gods avenging iustice out of covetous , ambitious spirits , warred upon each other so long , till they had all murdered and slain each other as arrianus , plutarch , justin , curtius , diodorus siculus and dr. usher in his ecclesiastical annals of the old testament record at large ; with † other innumerable presidents abroad ; and the practice of vortigerr , heng●st , horsa and divers others at home , sufficiently manifest in all times , with scripture presidents likewise : but our real interest , protection , safety resides next under god ) in the nobilities , gentries , and peoples united voluntary , unmercenary defence and protection of themselves in and by their own persons , with their own arms servants , sons , tenants , retainers , according to their respective abilities ; as appears by the politique original institution of ancient * tenures in knights-service , escuage , castle-guards , and the like ; the old charters of our corporations and cinque-ports , obliging them to finde a certain number of men and ships at their own costs , to defend the realm in times of war ; with all ancient writs , commissions , precepts for arraying the people of the realm in times of war and danger , according to their tenures , estates , customs , to defend the realm and themselves from invading enemies at all times ( cited in the printed arguments concerning ship-money , and the * declarations both of the king and parliament concerning the commission of array ) all former statutes concerning arrays , arms , musters ; and the old long continued practice of our train's-band in each county and corporation , formerly reputed the nations chief security in intestine and invasive wars , with the late militia's raised on and by each county at their own vast expence to defend it and the nation , as the best & safestguard when all sorts were commanded to serve in person , ( notwithstanding all garrisons , mercenary field-forces , and the army then and since continued ) as our safety . and indeed common reason proves , that as every man loves and prefers his own person , family , estate before a strangers , or any others ; so he will more vigilantly , sincerely , effectually defend and protect them from enemies or dangers then any mercenaries , how trusty and valiant soever they be . and as every true shepherd and owner of sheep is more careful to defend and preserve them from thieves and robbers with the hazard of his own life , then any stranger or hireling whose the sheep are not , who will slie and desert , or else help to prey upon them , and play the thief himself in times of danger or advantage , as christ himself resolves john 10. so every able private person , family , parish , town county , association ( and by like consequence the whole nation ) will better , cheaper , and with lesse inconveniences by far , defend and secure themselves by their own unmercenary persons & arms voluntarily united according to their respective abilities , without any general forced taxes and illegal excises imposed and continued on them against their wills , then any mercenary officers and soldiers whatsoever , ( who making onely a trade and gain of war wil therefore spin it out as long as the nation or people have any moneys or estates to pay and inrich them ) and will sooner conclude and settle peace upon their own terms upon all overtures and occasions , then mercenaries , who neither desire nor intend our publike peace in reality but interrupt it all they may when neer concluded , ( as in the late treaty ) with armed violence both against king and parliament . uupon which grounds our ancestors never usually entrusted any mercenary armies , but themselves alone with their own and the kingdoms defence , scarce ever imposed any taxes on the people by publike parliamentary authority in any civil wars and very rarely ( except a subsidy , or fifteen now and then ) for the kingdoms defence against forraign invasion ; but onely for their invasive , defensive forraign wars in france or elsewhere . why then the whole nation , nobility , gentry and people of all sorts , should not now again be trusted with their own arms and self-defence , as well as in former ages , being their native priviledge and birthright , their onely best security and prevention against all publike enemies and invaders , but are forced to pur their armes , lives , estates protection into the hands of mercenary officers , soldiers garrisons , who notwithstanding their vast endlesse expences for their pay , have so often abused , violated their trusts , lengthned our old , engaged us since in successive new wars against our protestant brethren and confederates themselves , and have almost eaten up all our real & personal private estates , with , the whole publike ancient inheritance and standing revenues of the nation ; let all prudent statesmen , and patrons of their countreys rights and priviledges resolve ; the rather , because our mercenary soldiers , garrisons , forts , are so far perverted from their primitive use , to preserve our persons and estates from enemies and violence , that they are now made the only janazaries , goalers , goa●s , prisons forcibly to seise , imprison , close imprison the persons , ransack the houses , studies of the emminentest parliament members , patrons and freemen sufferers for our publike liberties , laws , propertiesr , religion ; and the onely instruments under the new guardians of our libertye , to bring the whole nation and all english freemen of full age , into perpetual wardship to these new seigniours , since the old court of wards for infants , only till they came of full age , is quite voted down as a grievance , though not comparable unto this , of men of full age ; yea , parliament members new strictest wardships and close restraints under armed garrisons and centinels of meanest quality in these garrison'd new courts of wards . 8. that maritine garrisons , forts , blockhouses at the entrance of our harbors ( as pendennis and s. mawdits castles at the mouth of falmouth haven , harwich , and others of that nature ) are altogether useless , unnecessary expensive charges to the republike , unable to hinder the ingress , egress , or regress of any warlike ship , ships , or navy into the harbors , much less to sinck them , with all their cannon-shot , which i shall thus demonstrate . 1. in dark nights , and misty days , mornings , evenings ( which take up neer halfe the space every yeere ) they can neither clearly see nor discern any ship or vessel passing into or out of their harbors , muchlesse then hinder their free ingress or egress by shot or otherwise , when they cannot so much as see them . 2. in clear sunshine dayes , and moon-shine nights , any small vessels ( much more then resolute men of war , and whole squadrons , navies ) may safely pass and repass into or out of these harbors , or anchor in them without any great danger , harm , or sinking by their cannons ; which standing for the most part high upon the land ( especially at new flood , half tide or ebbe ) and not levell with the sea at full tide ; and being likewise not halfe so many in number , not so large in boar , as most men of warre now carry in one tire or side , discharged for the most part at rovers by unskilfull gunners and matrosses one after another , and fixed upon one platform , whence they cannot easily or speedily bee removed , can hardly in several shoots so much as hit any one single vessell , much lesse hurt or sink it in its passage under saile by these forts and blockhouses , being past their levell and danger at the first discharge of their cannons over against them , and quite out of it ere they can be recharged ; much lesse then can they stopp , sinke or mischiefe an whole navy or squadron of men of warre , which i shall demonstrate by several instances old and new , beyond contradiction . 1. sir francis drake in his famous voyage to the west-indies with a small squadron of ships , entred five of the chiefe ports the spaniards there held , took and fired their ships there riding under their castles , forts , blockhouses , and pillaged their towns themselves , notwithstanding all their cannons and artiliry playing upon his ships , both from their forts , castles , blockhouses and ships there riding , and that without the losse , sinking or spoyling of any one of his vessels : and some other english sea . captains then and since did the like , as mr. harkluit in his printed voyages at large relates . 2. our english navy in queen elizabeths reign , in their expedition against cadez , tooke the whole iland and city in one day , burnt and tooke all their ships , treasure , magazine and ordnance there , notwithstanding all their forts , block-houses , numerous mounted cannons discharged against them , without the loss or spoil of any one ship , and of very few men , as mr. cambden , speed , and others inform us in her life . 3. the hollanders both in the east and west-indies have frequently entred the spanish havens with their ships , in despite of all their cannons , forts and blockhouses , anchored in them , and pillaged , fired , took the spanish vessels riding in them under their castles , without the sinking of any one man of warre by their cannons firing , as the history of the netherlands , purchas and hackluit in their voyages , and others record . 4. the dutch men of warre , and other vessels have sundry times in a drunken bravado , at mid-day passed in and out of our harbors at harwich , plimouth , falmouth , & southampton , without striking fail to the forts there , and gone away without any hurt , danger , stop , notwithstanding all their cannon-shot to bring them in , as i have heard by many credible eye-witnesses . 5. sir robert mansel in his voyage against algier , with his boats fired sundry of their ships , drawn on shore under their castle-walls & blockhouses , without the loss of one boat or ship , and very few men , notwithstanding many thousands of cannon and more of musket-shot from the castle and ships , as captain george carteret who saw it , and was active in it , informed mee whiles i was prisoner in jersey . 6. since our late unhappy wars , two very small squadrons of our ships successively landed the parliaments forces under the very blockhouses and forts of scilly and jersey , without the loss or hurt of one ship or barque by their cannon shot , and with the loss of very few men , and reduced the castles and ilands too with a farre lesser land-force then the king had there in arms to defend them . since this , sir george ascough with a smal navy entred into the chief part & harbor at the barbadoes , took & brought out thence fourteen or more dutch vessels , and others riding therein , passing and repassing , without the loss , sinking , hurt , of any one ship , or slaughter of one man , within half pistol shot of their castle and blockhouses , which plaid upon his ships all the time with their cannon & musket shot ; and soon after he reduced the whole iland notwithstanding all their forts and forces ; as the printed diurnalls and relation of its taking , and letters thence inform us . 7. since this i read in our diurnalls , that prince rupert took some of our merchants ships riding under the castles and blockhouses of our english plantations in the indies , which played upon him with their cannon without hurt , he returning them two cannon shot for one , and riding within musket shot of them without any fear or hurt . 8. to come home to pendennis castle and st. mawdits , so much cryed up as the most usefull and considerable of all other : whiles they were in the kings power since these warres , as the inhabitants and some souldiers assure me , a single man of warre of the parliaments party in the day-time entred the harbor , boorded , took and carried away thence a rich ship there riding in the view of both the garrisons , notwithstanding all their cannon shot and block-houses , without any harm at all , shee shooting as fast at the castles as they shot at her , and so departed with her prize . 9. since my imprisonment in pendennis castle , a turkish man of warr at mid-day , in the view of all the garrison , and my selfe , came up to the mouth of the harbor , and very neer the blockhouse , took a great english lighter of thirty tun , sunk the vessell in the place , and carried away some twelve persons in it prisoners into sally or tunis ; after which , she came close up to the harbor two or three mornings together till chased away from thence by a man of warre ; one stout ship of warre being a better guard against pyrates and sea-enemies then all the maritine forts and garrisons , being able to pursue , fight and take them , which no forts or garrisons can do . not long after a little pink , not above nine or ten tun , anchored some three dayes together just between pendennis castle and st. mawdits , to carry away tinne , as was supposed ; sir george ascough sailing within view of the castles with his whole fleet towards plimouth , ( some eight days before his fight with ruttier ) sent four men of warre to convey such ships as were in the harbour to plymouth ; two of them came into the harbour , the other two plied up and downe at the mouth of it , till the other two came out of the harbour to them : this little pink thereupon hoysed saile , as if she were bound for plymouth with them , without any discharge or leave from the castles ; whereupon they shot two warning pieces over , and under her , to bring her in for this affront , and to make her pay for the shot and custome of tinne , which they imagined she had stollen ; i looking on , the captain , gunners , and souldiers told mee , they would warrant mee shee would come in and submit ; but i observing her course , told them , shee would no more come in to their lure then a wilde hawke got loose ; whereupon both castles discharged their cannons in earnest , to hit , sink , or bring her back through fear , but shee in despite of them ( though there were two men of warre before , and two behinde her under saile ) got away from them all without any hurt or stop , the whole garrison looking on . vvhereupon i laughing at their confidence , and uselessness of these castles , ( serving only to shoot away * powder and bullet in salutes and frollicks ) told them , that our wise statesmen and the kingdome were very much overseen to keep two castles , three or four blockhouses , so many score cannons , gunners , souldiers , and matrosses there , as cost them eight or ten thousand pounds a year , under pretence to secure the haven and nation against enemies and pirates , when they could not at noon day ( as they now saw by experience ) so much as stay , take , hurt or sink one little pink of nine or ten tun with foure or five sea-men onely , and not one gun in her , when as there were four men of war under sail so near her , and she had stolen customes : much lesse then could they stop , hurt sinck any stout man of war , or an whole squadron of ships or navy , or hinder them from entring the harbor , riding or landing there , and returning at their pleasures , their pieces and blockhouses not commanding one half quarter of the harbor when entred , not being able to hurt or sink them in their entry or retiring , as i clearly demonstrated to them , then and afterwards , especially by these unanswerable experiments in our late sea fights . collonel blake ( my countrey-man ) in his first sea fight with van trump , as his and others printed letters relate , had many scores ( if not hundreds ) of broad sides discharged against his ship by the dutch , at nearest distance , by far greater better cannons , cannoneers and tyres of ordinance , charged with chain and cross●a●● shot as well as bullet , lying nearer the water then any guns in pendennis or st. maudits castles , blockhouses , or in any other of our forts , receiving no less then 3000. cannon shot in his hull , tackling m. st ▪ sa●ls , after which he received in his ship as many or more broad sides and shots in his third fight with the dutch in their return from france with their merchant ships ; and sir george ascough received neer as many in his ship in his fight with ruttier : yet all these road sides & thousands of shot , did neither sink split , fire , nor make unservicable either of these ships , which were soon repaired , neither did they kill any store of their men with their cannons , their musket shot and boording only doing their men most harm . therefore questionless so many thousand cannon shot discharged against any other stout single ship or man of war from these castles and blockhouses at greater distance , uncertainty , and higher level , with smaller ordnance balls , by worser guners can neither sink nor spoil her , muchless sink , h●rt , spoil , stop or take an whole squadron of ships of war ( which our whole fleets can hardly do ) when they cannot come neare to board or fire them ; & by this proportion , all the powder , cannon shot , bullets , guns in both castles would not be sufficient to sink or spoil one single ship riding at anchor within their command , muchlesse in her passage in or out , since 3000. shot in her bulk , sails , masts and tackling would not do it ; and half of the cannons discharged would not hit , but passe besides her : therefore to keep up such castles and blockhouses to secure harbours , sink ships , and hinder any fleets or squadrons of ships from entring or harbouring in them , was but a prodigal oversight and mistake : there being never any warlike ship yet sunk by our forts & blockhouses since their first erection , for ought i could read in history , or hear by information from credible witnesses ; nor any navy repelled from entring , riding , or landing by them , had they a resolution to do it , as the premised instances with sundry others manifest . ( and one since these aphorisms penned namely general blakes fireing the turkish ships lying under their very strongest castle walls , notwithstanding all their cannons , blockhouses , ships playing upon our ships , assaulting them and beating down their castle about their ears , with the cannon from our ships , without the loss , sinking , spoile of any of our ships . ) a sufficient demonstrative evidence of the uselesness of maritine forts and blockhouses , which in truth are meer idle scarecrows and bugbears to fright raw cowardly sea-men , not daunt or keep off experienced resolute ships or marriners . vvherefore to draw towards a conclusion , i shall onely adde , that the onely pretended use of mercenary garrisons and souldiers , , being but to defend the peoples persons and estates in times of necessity , when and whiles end angered by a potent enemy in actuall armes , who are secure enough without them , when , where and whiles there is no such visible enemy to assault them ; it can be neither justice , equity , conscience , honesty , good husbandry nor true state-policy , to continue any such garisons or feild souldiers on them to their vast expence and undoing , ( now there is no armed enemy in the island , and so strong a fleet at sea to secure them against forraigners ) upon endlesse , full and constant former pay , without any necessity or actuall service till the next spring or summer , because then peradventure , there may be some new imployments for them , ( at home or abroad , ) onely to enrich the mercinary officers , souldiers , and oppresse , undoe the undone people , lying down like issachars under both these heavy burthens of mercenary garrisons and a mercenary field army too , even with broken backes and bleeding hearts , without ease or commisseration , notwithstanding all their clamours . no present ruling potentates or states-men ( who should help and right them ) will be such prodigals or ill husbands of their owne purses and estates , as to keep those reapers , mowers , who have cut down their corne and done their harvest work the last summer , in ful constant harvest pay all the following autumne , winter and all the succeeding spring till the summer harvest come again , without any other usefull work or imployment for them , till then , because peradventure they may then imploy them again for a month or two in reaping and inning their next yeares crop , which they have not so much as sowen , and are yet uncertaine whether to sow or not ; which if they did , would render them ridiculous to every country clown , who hath so much policy , and frugality , as to discharge his mercenary harvest folke so soone as they have ended their harvest worke , and not to keep them still idle and pay them harvest wages till the next summer ; because he can then , if need be , soon hire them or other reapers , mowers , when his corne is ripe for cutting , not before , for lesse then one quarter of the money their pay would come to if kept in hire till that time , without doing him any other service : and shall our wise new statesmen then be such prodigals and ill husbands of the exhausted peoples purses and estates ; as to keep many thousands of mercinary field and garrison horse and foot in constant full pay , ( who many moneths since have done all their sommer and present publick worke for the peoples safety , ) all the censuing autumne , winter , spring in no actuall necessary service for them at all , onely because perhaps they may make use of them the sommer following , or a year or two hence ( if then ) to cut down imaginary armed enemies in the field or island , if any then appeare to invade the peoples persons and estates ; of which there is yet no probability . verily if they shall still do thus , every country peasant will despise , deride and ensure this their folly and unthriftinesse , and the whole exhausted oppressed nation condemne , if not casheir them for such grosse imprudence . certainly every rich private statesmans , noblemans , gentlemans , peasants house , person , in these necessitous times , when theives are so busy in all parts of the nation , are in greater danger of being robbed , plundred , murdred by murderers and robbers , then any garrison , towne or village to be piliaged by any forraigne forces or domestick enemies , appearing in no parts of the isle , nor likely to do it ; yet none of them will be so ridiculous , prodigall , or distrustfull of gods protecting providence , as upon their owne purses to hire any horse , or foot perpetually to guard their persons , houses day and night till the next sommer , because some theeves and robbers ( these long tedious winter nights ) may probably assault their houses , steal their moneyes , plate , goods , or murder their persons , but will ease themselves of this cost and charge , till they be certainly informed of a company of robbers conspiring for to plunder , rob , or kill them about some certain time , or have news that they are ready to execute this designe ; and then they will time enough summon their domestik servants & freinds to encounter , and surprise them if they come : and should they not then intrust the peoples persons , estates to gods protection and their owne , at this present , without any mercenary garrisons or forces to guard them against their wills or desires , to their superfluous vast expence , when there is farr lesse probability or feare of danger to them in generall from armed enemies , then to their owne private persons , houses or moneys , from theeves and robbers ? if they be thus continued on them , onely to enrich the officers , souldiers , and secure their own usurpations , intrusions , or over ruling powers ( preferred before the peoples ease or weal ) under a pretext of danger from some enemies that may or will infest , plunder , destroy the people so soone as the army and garrisons are disbanded ; we shall then desire , that all officers , souldiers unwilling to disband upon this pretence of great imminent danger for the peoples more certaine security from enemies , and meriting of their future pay , may be strictly enjoyned to put on all their armes , and draw up all their forces in battalio , where they most feare the enemies , in the field ; and all their garrisons likewise kept in a constant standing posture to receive the enemy , in their respective forts ; and there to stand night and day in their compleat armes , in a perpetuall readinesse and posture of defence , till the next sommer and our fears be ended , without putting off their arms ; as our * king richard the first kept the bishop of bev●ies taken prisoner by his forces in the field , harnessed from head to foot , in his iron armes night and day , above two months space , without suffering him all that time to put them off , lest some enemies should surprise them , our island & garrisons on a sudden , ere they could arme or put themselves in an actuall posture to receive them , if permitted once to retire into their winter quarters for their ease ; and then we suppose these pretenders of imminent danger , only to get pay , when and where they neither do nor can do the people the least reall publick service , but greatest prejudice , as the premises evince ; will soone become as humble and earnest petitioners to our present swaying powers who continue them , and to the people ( who desire it ) to be forthwith disbanded and sent home again to their friends & further imployments as this harnessed bishop was to our king richard himselfe , the pope and his brother prelates , to be disrobed , disarmed of his heavy iron rochet , so long keept on his back and body to his little ease and lesse content ; it being altogether as just , equitable , and reasonable for them to keep the army and garrison soldiers in this unreasonable hard constant duty and armed posture day and night till they be disbanded , as to lay unsupportable endlesse taxes , excises on the oppressed peoples backs to maintain them in constant pay to their intolerable oppression , till the next sommer or longer upon the premised pretences . if any now demand ( as many officers and souldiers oft do , being their chief plea against disbanding ) how shall the officers and souldiers live , after all their good service in the wars , if they shall be now at last disbanded to ease and pleasure the people ? the answer is very obvious , just and equall . 1. how shall the poor people live or maintain themselves and families , if these garrisons and mercinary forces be still continued , being already like to starve ? 2. how do the poor people live who are still enforced to give them full pay and maintain them in idlenesse without any labour , to do very little duty , & that wholly useless , in field or garrisons ; wherein their onely necessary , uselesse , present dutie is , to stand centinell once or twice a week , one houre or two ; to take tobacco , play , sleep , drink , and cry stand ; or , who goes there ? to one another in the night , as they passe by the centinels ; to as much purpose , in relation to the peoples safety , as one night-owles crying , hallowing is to another ; or to demand of those that enter into the garrisons in the day time whence come you ? what are you ? what is your name ? businesse ? whom would you speak with ? have you taken the new engagement ? else you must not enter the fort or garrison , no not alone in these times of no danger , as if one disarmed non engager might surprise an whole lasie fortified garrison , in the day time , aswell as a sleeping one in the night ; how much more then an armed enemy ? which learned questions standing the nation in very many thousand pounds every year in garisons now kept up , as much concern the peoples security from enemies , as the ministers interrogating of children formerly in the church , what is your name ? who gave you this name ? and to maintain near a thousand block-headed slothfull-gunners in blockhouses and garrisons only to shoot away above six or seaven thousand pounds worth of powder in courtship , and frolicks to ships , and visitors every year , who deserve rather cashiering for this their prodigal and onely dutie , for which they receive great constant pay . certainly their country pay-masters live not by such idle , uselesse , fruitlesse , rare duties ; but by hard studying , sweating , labouring night and day in their honest lawfull callings usefull for the publick ( the whole profits whereof these idle lurdanes must still monthly devoure for such ridiculous services , and new kinde of catechising the people ex officio like our cashiered unpreaching curates ; ) and so must these officers and souldiers too , if they cannot otherwise live aswell as they . 3. how did they live and maintain themselves before they were listed souldiers ? surely not as now , but like other christian people , by labouring daily in their lawfull callings , living frugally , soberly , obediently like others of their equals , not in such idlenesse , luxury , pride , & state as since : and is it not possible that they may , yea just & equal that they should thus live and maintain themselves now , and not still live like idle drones in great sloath , pompe , state , and honour upon the honey of the poore painfull bees 4. how do many hundreds of formerly disbanded officers , souldiers now live and maintain themselves , who did as much , and good service as those now in pay ? doubtlesse by returning to the diligent exercise of their former callings , or some other good imployments , or going to some lawfull forraign wars . 5. if any old officers and souldiers in present service be so poor , that they know not yet how to live if they be now disbanded , certainly it is through their own ill husbandry , pride , or prodigality ; never officers or souldiers in the world being more royally , duly , justly paid and rewarded ( especially in a civill war ) than they have been ; whereby thouof them ( especially generals , colonells , captains , and superiour officers , with many inferiour ones likewise ) are grown exceeding rich and wealthy over what they were before the wars ( which have undone most others ) and are lately beyond expectation , become the greatest purchasers in the nation of the richest publick and private mannors , seates , revenues , offices ; this civill war being the richest trade they ever yet met withall in their lives , which makes them so unwilling now to give it over ; & to continue these poor unthrifty souldiers still in pay till they grow as rich as these their fellowes , is to be worse husbands for the nation for the future , than these unthriving officers and souldiers ( who have not yet gotten enough to live by the wars ) have been for themselves in time past , and that onely to maintain and enrich them with the whole nations ruine . 6. the plain meaning of those who make this demand is , that they expect and intend our mercinary armies , and garrisons shall by one means or other , be continued in pay , and our wars not ended , our peace not settled till doomsday , or at least so long as the people have either lands , stock , goods , or moneys left , to pay heavy unceasing taxes and excises for them to live upon , at that high , lasie rate as now they do . but better ten thousand times such idle wretches should be disbanded , though they starve and perish , if they will not betake themselves to some honest vocation to live by it ; then that the whole nation should starve or perish , to keep them and our unnaturall , unchristian wars still a live , to murther our own christian brethren or allies , of purpose to keep our armies and garrisons in action and preserve them from present or future disbanding . as * war and the oppressing sword of war ( especially when civill ) are in gods own judgement and all wise mens , the severest curse , plague , punishment , that god in his wrath can here inflict upon any people for their sinns and wickednesse , as including all sorts of other evills , spirituall and temporall , in its bowells ; so for any to make a trade of war , & to continue , perpetuate this heaviest plague and curse upon their own native country without absolute necessity , or just grounds , is the worst of crimes and treasons ; and those that are guilty thereof the worst of traytors , of christian men , unworthy the name of saints or christians , whatever their pretences be to colour it . if therefore machiavills atheisticall infernal paradox ( applauded and oft justified in print by his new disciple * politicus ) he that hath once drawn his sword against his lawfull soveraign , must throw away the scabbard , and never sheath it more ; no , not after he hath cut off his soveraigns head therewith ; hath prevailed more with any machivilian states-men or sword-men , than our saviours own more sacred christian gospell precept and speech to peter , when he drew his sword , and onely cut off malchus his ear ( not head ) coming then forcibly to apprehend our saviour ( who presently cured his ear again , and gave this command to peter , though certain himself to be crucified , if then apprehended ) put up thy sword into his sheath again ; for all they that take the sword , shall perish with the sword ; and therefore upon his diabolicall advise they peremptorily resolve to keep our mercinary armies garrisons swords still drawn , and unsheathed amongst us , without ever putting them up again , upon the peoples dry drained purses , notwithstanding all their cries and premised reasons against it ; ( not for the peoples safey , which cannot now be so much as henceforth surmised , after this discovery of its grosse imposture , but for their own private present and future indempnity alone . ) let all such cheating oppressing unrighteous machivilians assuredly know ; that these words of christ will certainly prove true and take hold of them in conclusion , he * being truth it selfe that spake them ; and that such who resolve to live in warre still , shall never die nor rest in peace , but perish by and with * the sword at last ( as pompey , cyrus , pruda , and others have done , ) though they had all the garrisons and armies on earth to protect them ; whom god in his justice , if other instruments be wanting , can make their unexpected executioners in stead of guardians , when they wander out of his protection in wayes of violence , oppression , rapine , blood , warre , discord , and will neither know nor pursue the wayes of peace and christian unity , for the peoples publick ease and whole nations welfare . finis . notes, typically marginal, from the original text notes for div a56158e-560 2 sam. 8.14 . 1 chr. 18.6.4 , 1 sam. 13.3 , 1 , 22 , 23. c. 14.5 , 22 , 23. c. 10. † m●rcator , heylyn , sir thomas smah . * 2 kings 18.13 . 1 sam. 13.3 , 4● hab. 1.10 . dan. 11.15 . * josh. 8.21 , 22. c. 6.20 , 21. c. 10.28 . to 41. 1 sam. 13.3 , 4. 2 kings 25.8 . to 22. 2 chr. 36.17 , &c. * josh. 8. ●9 , 20 , 28. c. 6.21 , 22 , 26. 2 kings 19 , 25. c. 25.9 , 10 , 11 , &c. isa. 17·1 , 2. c. 25.12 . jer. 49.37 . ezek. 26.10 . to 15. — amos 1.7 , 8 , 10 , 14 , 15. c. 2.2 , 3 , 5. isa. 30.13 . c. 32.13 , 14. ez 26.10 , 11 , 12. * hab. 1.10 . josh. 10.28 . to 41. 2 king. 18.10 . 2 chron. 12.4 . c. 32.2 , 1. sam. 3.4 . dan. 11 , 17. zeph. 1.26 . * see entropius zonarus , and grimstons imperial history . † heylyns microcosm , p. 7.56 , 757 , 758 , 145 , 146 , 147 , 613 , 614 , 586. to 590. * see cooks 1. iust. * exact collect . p. 336. & 608.850 . &c. * they have often discharged 20 , 30 , 40 , 50 , 60 cannons or more at a time to ships coming in , & the ships as many to them , since my imprisonment there : a strange prodigality ! * roger de hovesd●n annal pa●● posterior p. 768 778. mat westm an. 1196 p. 17. gal. nubigensis . l ●5 . c. in antique ecclesia brit. p. 140 hol●nsh●d p. 150.151 . chron johanis bu●öt con●●●or● 127● . 12 ●● . quest . answ. * deut 28.22 . c. 23 22. to 27. levit 26.25 . to 38. 1 kings 19.17 . ezr. 9 8. job . 19.29 . isay . 51.19 . c : 65.12 . c. 66.17 jer. 9.16 . to 23 c. 12.12 . c. 14.13 . to 20. c. 15.2 . to 15 c. 24.10 c. 25.16 . to 34 c. 29.17.18 c. 34.17 . and c. 43 11. c. 40.10 . to 27. c. 47.6 , 7 c. 50 16.35 , 36 , 37. ezech. 5.2 . to 18. c. 14.21 . c. 21.9 . to 30. jer. 4.19.20 . tos 31. i●ay . 19.3 . 2 cron. 15.6 . * who hath printed it many times with 〈…〉 approbationpunc ; mat. 26 . 5●.52 . * lam. 1.20 . rev. 13.9.10 . * john . 14 6. gen. 9.6 . xvi. new quæres proposed to our lord prælates. prynne, william, 1600-1669. 1637 approx. 44 kb of xml-encoded text transcribed from 11 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a10198 stc 20475 estc s103456 99839209 99839209 3611 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a10198) transcribed from: (early english books online ; image set 3611) images scanned from microfilm: (early english books, 1475-1640 ; 1253:07) xvi. new quæres proposed to our lord prælates. prynne, william, 1600-1669. [4], 17, [1] p. printed by j.f. stam], [amsterdam : printed in the yeare m.d.cxxxvii [1637] place of publication and printer's name from stc. some print show-through and some pages stained. reproduction of original in the union theological seminary (new york, n.y.). library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng bishops -great britain -early works to 1800. church of england -doctrines -early works to 1800. church of england -controversial literature -early works to 1800. 2002-03 tcp assigned for keying and markup 2002-03 apex covantage keyed and coded from proquest page images 2002-04 tcp staff (michigan) sampled and proofread 2002-04 kirk davis text and markup reviewed and edited 2002-05 pfs batch review (qc) and xml conversion xvi . new qværes proposed to our lord prælates . printed in the yeare m. d. cxxxvii . to our holy ghostly fathers , the lord praeliglates of england m. e. sendeth greeting . my lords temporall farre more then spirituall , i have heard you oft cracke exceedingly , on your owne dung-hills , both of your great learning , and likewise of your arch-love and loyaltie ( yet invisible ) to his majestie and his prerogatives royall , as if hee could not be a king unlesse you were lord bishops : i shall therefore not challendge , but beseech your holynes , to give a reall demonstration to the world , both of your profound learning , and pretended peerlesse zeale and duetifullnes to his majestie , in publishing a speedy full ; and satisfactory answer to these fewe questions here propounded to you of purpose to resolve them . your lordlynesses have had above halfe a yeares time ( allmost half as much space as most of you take to penn or conne your annuall or bieniall sermons , and yet cannot get them perfect into your heads or hearts , into which they seldome sinke , but onely into your bookes : ) and yet have given no resolution to them , as people exspected you should or would have done : which makes many suspect , they have put you to a non plus ; either therefore answer them now , at this second somony and publication , or els i and thousands more shall proclaime to all the world , you cannot doe it , and so are open enemies to his majestie , his imperiall crowne , lawes , subjects , and in severall premunires , for all you beare your heads so high , like petty kings and popes : yea i dare pronounce you perjured to his majestie in the highest degree , by infringing your oathes of supremacie , so oft reiterated : and as you are the first men inioyned to take this oath , by the statute of 1. eliz. c. 1. because the likelyest of all others to violate it , so you are more guilty of the frequent , open , and professed violation thereof , then all other his majesties subjects put together , who seldome infringe this oath , but either by your coaction or occasioning of them , by force or flatery to breake it , be sure you now give a fatherly satisfactory compleat answer to them with speed , at your utmost perills , and lay all other worldly imployments and affaires aside ( as you have layed preaching by , long agoe ) till you have done it , els these . quaeligres will proove fatall to your popedomes , episcopalities , consistories , visitations , and elegall ecclesiasticall iurisdictions , and proceedings , and so i commit you to your studies for the present , as you ( no doubt in imitation of your saviour christ and his apostles , who had not any pursevaunts , iaylors , messengers , and catch-poales , attending at their heeles upon every occasion , and many jaoles and prisons , to commit poore christians and ministers too at their pleasure , as your lordships their successors now have , though wee read not of them in any author ) commit others to your prisons and dungeons , and would doe me no doubt , if you could catch me napping , as mose did his mare , even for presuming to propound these questions to you in the behalf of my soveraigne and countrey . m. e. 16. new quaeligres proposed to our lord praeliglates . i. quo iure : can our arch-bishops , bishops , and their officialls graunt lycenses , for money , to any of his majesties subjects to marry without asking banes , it being directly contrary to the statutes of 2. & 3. ed. 6. c. 21. 5. & 6. ed. 6. c. 12. and to the rubricke before the forme of solemnization of matrimony in the common-prayer booke , confirmed by parliament , 1. eliz. c. 2. which prescribes thus : first that the banes must be asked three severall sundayes or holy-dayes in the time of service , the people being present , after the accustomed manner ; and if the persons that should be marryed dwell in divers parishes , the banes must be asked in both parishes , and the curate of the one parish shall not solemnize matrimony , betweene them , without a certificate of the banes being thrice asked from the curate of the other parish . whether if marriage be a sacrament ( as the papists hold , who yet deny it , as an unholy-thing , to all their holy cleargie-men , and religious persons , a strange contradiction ) or an ecclesiasticall thing , as our praeliglates deeme it ( though common to pagans , and some kind of fowles and beasts , and so truely civill and naturall , rather then ecclesiasticall , if it be not * symony in them to sell licenses , and take money for marriages , and whether his majestie , who can onely dispence with lawes , and this rubricke in the common-prayer booke , it being a chiefe branch of his prerogative royall ) may not justly call all our praeliglates , and their officers to an account for all the money taken for such licenses ( and also for lycenses to marry in prohibited times , as they terme them , as meere oppressions and device to get money , there being no law of the realme nor canon of our church , prohibiting marriages in those or any other seasons whatsoever , which are alwayes free and lawfull for marriages , aswel as for christnings and burialls &c. ) from 21. iacob . till now ( which money amounts at least to 40000. p. or more ) they having no right or title to it by any law or patent extant ? ii. by what law can our praeliglates ( as now they begin to doe ) consecrate churches , chapples , or church-yards , as if they were unholy and common places before , unfit to be prayed in : contrary to acts 10. 14. 15. 1. tim. 2. 8. iohn 4. 20. to 25. contrary to the practise of christ and his apostles , who consecrated no churches or church-yards , and gave no such commission to bishops or any others to doe it , but men together in private houses , and unconsecrated places to receive the sacraments and preach gods word , acts 2. 46. c. 5. 42. c. 20. 7. 8. 9. c. 18. 7. 11. c. 19. 9. 10. c. 28. 30. 31. rom. 16. 5. 1. cor. 16. 19. col. 4. 15. philem. 2. marke 14. 12. to 27. luke 22. 16. to 24. contrary to the practise of the primitive christians for above 300. yeares after christ ( as the third part of the homilie against the perill of idolatry p. 66. 67. resolves . ) contrary to the statute of 15. r. 2. c. 5. which adjudgeth it mortmaine , and contrary to the statute of 3. and 4. ed. 6. c. 10. 1. eliz. c. 2. 8. eliz. c. 1. which abolisheth and inhibites all other rites , ceremonies and formes of consecration ( with all popish ceremonies and pontificalls , wherein the manner of consecrating churches , chappell 's , and church-yards is prescribed ) but such as are onely prescribed in the bookes of common-prayer and ordination , in which there is not one syllable of consecrating churches , chappell 's , or church-yards , or any one statute of the realme , or canon of our church since the beginning of reformation prescribing or allowing it . if they say , that the temple at jerusalem was dedicated , and that the tabernacle and altar among the jewes was also consecrated . ergo our churches , chappell 's and church-yards must be consecrated by their lordships . i answer . first , that the * temple was consecrated by salomon : and the † tabernacle and altar by moses , the one a king , the other a temporall magistrate , ( who consecrated aaron alsó and bis sonnes , and ordained them priestes ) neither of them a bishop or high-priest , therefore if any such consecrations are to be made , the king and temporall magistrats ought to make them , not their lordships , as hospinian prooves at large , de origine obedirationum c. 1. fol. 104. where hee concluds thus : hoc autem authoritas antiquitus semper fuit politici magistratus : and that as well among the pagans as christians . secondly , they had a commaund from god for the one ; but their lordships have none for the other . thirdly , these consecrations and purifyings were part of the ceremoniall law ; and so quite abolished by christ , acts 10. 14. 15. iohn 4. 20. to 26. 1. tim. 2. 8. col. 2. 13. to the end . heb. 8. and 9. therefore not now to be used . fourthly , the temple , tabernacle and iewish altars were consecrated and hallowed , because types of christ , of which our churches , chappell 's and church-yards are no types . fiftly , the iewes never consecrated their synagogues ( in which they had no altars ) nor yet their burying-places , in lieu of which our churches and church-yards succeed : therefore if their lordships will imitate them , they must not consecrate churches , chapples or altars , nor yet have any altars in our churches , much lesse take 20. 30. or 40. p. for consecrating them , as some of them have done , it being * simony in the highest degree , and nothing due by the cannon law but a dinner . iii. by what law of the land can our bishops , arch-deacons and their visitors in their visitations take money for procurations of those churches which they visite not in persone , or more money for procurations , then will defray their dyet and horse-meat , there being no † more due by their owne canon law , and that onely for the churches they personally visite : or by what law or canon can they take money of ministers or scholemasters for shewing their letters of order , or lycenses to preach , or teach schoole ; or of church-wardens and others for presentments . there being not one * penny due by law or canon to them , much lesse by patent or graunt from the king ? and whether may not his majestie lawfully call all our arch-bishops , bishops , arch-deacons , and their visitors to an account for all the money and extorted fees , thus taken by them in their visitations , and likewise in their consistories , for probate of wills and letters of administrations , where they take twice , thrice , yea 4. or 5. times as much as the statute of 21. h. 8. c. 5. allowes them , ( which is but 5. s. at the highest , where the goods amount to 40. p. or vpwards ) and punish them all in starre-chamber for extortion ( as hee hath lately done many officers in his temporall courts , since these their execrable extortions , taken duering his highnes raygne , will amount at least to 100000. p. as much as the cleargie gave to king henry the 8. to exempt themselves from that premunire they had incurred by submitting themselves to cardinall woollseyds power legatine . iv. quo iure : can any d. of the civill law , or other chancelor , vicar generall , officiall or commissarie to any prelate or arch-deacon , exercise any ecclesiasticall iurisdiction vnder them , without speciall lycense and patent from his majestie or his predecessors royall , it being directly contrary to the expres statute of 37. h. 8. c. 17. which ordaines , that the kings majestie , his heires and successors shall ordaine , constitute , and depute all bishops and arch-deacons , chauncellors , vicars generall , commissaries , officialls , scribes and registers ( or els it gives them no power to execute any ecclesiasticall iurisdiction ) and that by speciall letters patents , ( as appeares by 1. eliz. c. 1. and 8. eliz. c. 1. ) which patents they all now wanting , cannot exercise any such iurisdiction , and so all their proceedings are meerely voyd , and their places in his majesties disposall , to whom they ought to be accountable for all the proffits they have already unjustly received in these their usurped offices . v. whether is it not now meete and convenient for his majestie to appoint one of his nobles , or some other learned layman , to be his vice-gerent generall for good and due ministration of iustice to be bad in all causes and cases , touching the ecclesiasticall jurisdiction , and for the godly reformation , and redresse of all errors , heresies and abuses in our church , to take place of and sit aboue the arch-bishop of canterbury , and all other lord bishops in all places ; according to the statute of 31. h. 8. c. 10. yet in full force ; to bridle the pride , curbe the insolencies , redresse the usurpations , extravagances , innovations , and take away the pretended ius divinum , of our lordly prelates , directly repugnant to this act , and to 26. h. 8. c. 1. 28. h. 8. c. 10. 31. h. 8. c. 9. 31. h. 8. c. 31. 34. and 35. h. 8. c. 17. 35. h. 8. c. 1. 37. h. 8. c. 17. 1. ed. 6. c. 2. 1. eliz. c. 1. 8. eliz. c. 1. on which i would desire their lordships to chew the cudd , to abate their favour . vi. by the statute of 37. h. 8. c. 6. every person or persons that shall cut out , or maliciously cause to be cut out the tongue of any person , or shall maliciously cut off , or cause to be cut of the eare or eares of any his majesties subjects , is to render trible damages to the partie , and so forfeite 10. p. sterling for every such an offence to the kings majesty and his heires : and 5. h. 4. c. 5. makes it felony for any man maliciously to cut off any mans tongue , or put out his eye . whether then our lord prelates and their officers for cutting out our faithfull ministers tongues , and closing up their mouthes that they may not preach gods word to their people , and cutting of some laymens eares , and threatning to have the eares of more , that they may not heare gods word , ( and that maliciously against the lawes and statutes of the realme ) are not fellons within the latter of these two acts , and malefactors in the first , to render ireble damages to the parties greeved , and maymed by them , and to make a fine to his majestie , is a question worthy resolution . vii . whether these lordly prelates that have stood mute for one , two , or three yeares space and more , and never preached , nor given answer to these quaeligres ; refusing to put themselves to the tryall of god and their countrey , for their episcopall pretended ius divinum , and other their fore-mentioned usurpations and exactions upon his majestie and his subjects , are not by the * common law of the land , to be pressed for mutes , as other malefactors that stand mute and silent , are in like cases . viii . whether if the apostles were now in england , and should preach jesus christ dayly in our temples and from house to house , without ceasing , as they did acts 5 , 42. our lord prelates would not presently silence , suspend , and pursevant them into the high commission , and there fine and imprison them for convinticleers : and if they should preach notwithstanding their lordships inhibitions , ( as they did notwithstanding the chiefe priests commaund to doe it , ) whether their lordships would not therevpon be filed with indignation , and put them in the common-prison , and there keepe them fast , and beat them too , as their predecessors the high priests did , acts 5. 17. 18. 40. 41. since they thus serve our godly faithfull ministers for the same causes . ix . whether if our saviour christ himself were now on earth , and should be convented before our high priests , as hee was once before the iewes high priest , and they should offer to put him to an ex officio oath , and examine him concerning his disciples and doctrine ; and christ should refuse to take such an oath , and answer them as hee did the high priest : ( i spake openly to the world , i ever taught in the synagogue , and in the temple , whether the iewes and people alwayes resort , and in secreet have i sayd nothing . why askest thou mee ? aske them that heare me , what i sayd unto them : behold they know what i sayd : ) refusing to bring in a coppie of his sermons , or to accuse himself , would not their lordships pursevants officers upon such an answer as this stricke iesus with the palme of their hands , ( as the high priests officer did ) saying : answerest thou the high priest ( our lord arch-bishop and bishops ) so ? iohn 18. 19. 20. 21. 22. and would not their lordships for such an answer ( which satisfied the high priest ) commit our saviour forthwith to prison , to the clinke , the gate-house , fleete , new-prison , kings bench or counter , as they committed * mr. bambridg and m r. johnson of old , and many of christs ministers since , for the same answer . x. whether if s t. paul were now alive , and should preach so diligently in england , as he did amongst the iewes , our high priests , the prelates , would not lay the selfsame accusation against him before the kings majestie , as ananias ( the iewes high priest ) did by tertullus his orator before felix , and informe his majestie , that they had found this man a pestilent fellow , and a moover of sedition among all the iewes ( now english men ) throughout the world , or kingdome , and a ringleader of the sect of the nazarens ( the puritanes as they terme them , acts 24. 5. ) since they lay the selfsame accusations to the chardge of most godly ministers , as many late instances evidence . xi . whether if christ himself should preach * dayly in some of our prelates diocoese , as he did in the temple & jewish synagogues , and s t. paul † preach night and day ( morning and evening ) in our churches , as he did at ephesus , against our prelates inhibitions , and the people flocke from all parts and parishes to heare them , as they did to them ; our prelates would not forthwith suspend them from preaching , and clapp them by the heeles , and likewise present and punish all their hearers , for goeing out of their owne parishes , where they had no sermons , to heare them , since they thus use our painefullest preachers and hearers , who imitate their examples , contrary to the very doctrine of our homilies of the right of the church , p. 3. 4. which themselves have subscribed too , but refuse to practise ? xii . whether if our saviour should now descend in person from heaven , and give his precept to our lord prelates , which once he gave to his apostles luke 22. 25. 26. mat. 20. 25. 26. 27. yee know that the princes of the gentiles exercise dominion over them , and they that are great exercise authority upon them : but it shall not be so among you , but whosoever will be great among you , let him be your minister , and whosoever will be chiefe among you , let him be your servant , &c. they would presently convent and arraigne him for it , as an open oppugner of their lordly iurisdiction and temporall offices and power , and censure him as severely as ever they did d r. bastwick , or any other , that hath writt against their pretended divine right to their lordly hierarchie ? xiii . whether these severall actions and writs at common law ( mentioned in the register ) will not lye against the prelates ? namely ; the write intituled ad iura regia , for violating the kings lawes and prerogative royall , by their owne extravagant lawes , articles , decretalls , and canons , to reduce them to the kings lawes , in ad quod damnum , to inquire , what great dammages they have done to his majesties subjects soules , bodies , estats , and to informe his majestie what nusances they are : an apostata capiendo : to imprison them , for their apostatie , from the doctrines and faith of the church of england , to the faith and ceremonies of the church of rome , and casting off their spirituall cares and functions , to follow temporall affaires and manage offices like so many temporall lords : an assisa de nocumento : for the great musances they have lately done to our religion , church , state , ministers , and people ? a writt of association , to ranke ministers and temporall lords in aeligquipage with them , over whom they now so much lord it , like lords paramount over all other people . * an attachment on a prohibition : that lay-men shall not be cited before them to take any oath , or make any recognition , unlesse in matters of testament and marriage usuall in former ages , and necessary now : an attachment against them for refusing to admit prohibitions in cases whereby law they lie , and stopping the current of this write : an audita quarela , to heare the ministers and peoples severall complaints against them : an acquiet ando de servitijs , to free the ministers and people from their late imposed ceremonies , services , & vassaladge : a cautione admittenda , to make people more warie of them , and to procure absolutions for their vniust censures : a cercierari , to remoove them from their temporall offices and imployments , and have spirituall and temporall causes out of their unlawfull consistories and visitations ( kept in their owne name without patent or commission from his majestie into the kings owne temporall courts : a cessavit de cantaria & servitijs , per biennium ; for not preaching in their diocoese to their people by two yeares space and more ( the case of divers of them . ) de clerico admittendo , to inforce them to admite our suspended , silenced ministers to preach againe freely , as in former times : de clerico infra sacros ordines constituto non eligendo in officium ; to hinder them from being chosen , and being thrust into temporall offices and affaires , incompitable with their functions : de cognitionibus admittendis ; to hinder them from medling with all causes and affaires of which they have no cognisance : a writt of collution and deceipt ; for their hypocrisie and jugling , both with god , his majestie , and his subjects , and for seeming holy , pious , just , religious , yea fathers and pillars of our church , our faith , and being nothing lesse : an action of the case ; for vexing , excommunicating , suspending and silencing ministers and others against law , and without iust cause : an action of accompt ; to call them to an accompt for all their extortions and usurpations , both upon the king and subject : an action upon the statutes against ingrossers , regraters , and forestallers ; for forestalling all good bookes against their papall antichristian hierarchie , iurisdiction , extortion , injustice , and other episcopall vertues , both at the presse and porth , and ingrossing them all into their owne hucksters hands , of purpose to enhaunse the prises of them , and deprive the kings good subjects benefite of them . a writt of conspiracie ; for conspiring together against the kings ecclesiasticall prerogative , and the subjects liberties , and to set up new ceremonies , innovations and taxes : a contra formam collationis ; for mis-using their jurisdiction and office , and mis-imploying their temporallities and revenues ( which should be spent in releeving the poore ) upon their children , kindred , purchase of greater dignities and preferments , or maintenance of their owne pompe , pride , state , luxury , venery , and lust . a copia libelli deliberanda ; to enioyne them to give coppies of libells and articles to his majesties subjects , beforethey force them to sweare or answer to them . a curia claudenda ; to cause them to shut up their consistories , visitations , and ecclesiasticall courts , till they have a patent from his majestie to keepe them in his name and right alone , and grace to use them better , and to better purposes then hetherto they have done . a quo warrento : to question them by what authority they keepe their consistories , visitations , and make out proces , private articles , impose new oathes , ceremonies , and iurisdictions in their owne names upon his majesties subjects . de custode amovendo & alio admittendo ; to remoove them from their bishopprickes , and put better and other kinde of men in their places . an ejectione custodiaelig , for suspending and ejecting ministers from their churches and cures : an errore corrigendo ; to cause them to amend their manifold errors , both in life , doctrine , practise and proceedings . an essendo quietum de theolonia ; to exempt ministers and people from their intollerable exactions , extortions , and new imposed fees and contributions , both in their visitations and consistories . an excommunicato deliberando : to cause them to absolve and free all those ministers and people they have most unjustly excommunicated . an executione judicij ; to gett some judgements in starre-chamber and other his majesties temporall courts executed against them , and their most unjust proceedings . ex gravi querela ; to heare the grievous complaints , both of ministers and people , against their tyranny , lordlynes , pride , oppression , impietie , and other vices , their altars , crucifixes , popish ceremonies , ex officio , and visitations oathes , articles , proceedings and late dangerous innovations . a writt of false judgement ; for their wrong late unjust censures , excommunications , suspencions , sentences , and determinations , both in their consistories , visitations , and high commission , and resolving their episcopall lordlynes and iurisdiction to be iure divino ; contrary to the expresse acts of 25. h. 8. c. 19. 21. 26. h. 8. c. 1. 31. h. 8. c. 9. 10. 37. h. 8. c. 17. 1. ed. 6. c. 2. 1. eliz. c. 1. 8. eliz. c. 1. and other statutes , as 1. and 2. phil. and mary c. 8. resolving the contrary . de fine adnullando ; to anull their severall fines illegally imposed upon his majesties subjects in their high commissions , and lately in their consistories and visitations , where they have gotten a tricke to fine church-wardens and others , contrary to law , as is resolved fitzh nat. brevium fol. 50. p. 51. k. 52. ff . 53. a. 14. h. 4. 88. a. 20. e. 4. 10. b. 22. e. 4. 20. 12. h. 7. 22. 23. artic. cliri . c. 4. cooke 4. report to 6. 22. ass. 70. a fieri facies episcopa ; to cause them diligently to preach , and follow their spirituall ministeriall functions . an habeas corpora & homine replegianda ; to free the subjects wrongfully imprisoned by them and their pursevants . an habere facias seseinam & possessionem ; to restore good silenced , deprived , and suspended ministers againe , to the seisine and possession of their livings and lectures , and the exercise of their ministry . an habere facias visum ; to cause them to shew men their articles in their courts and high commissions , before they put them to answer , or take an oath . an idemptitate nominis ; to restore ministers to their ancient stile and titles of bishops , which they have ingrossed to themselves , though the scripture gives onely to ministers and presbyters , acts 20. 17. 28. phil. 1. 1. 1. timot. 3. 1. 2. 3. tit. 1. 5. 7. 1. pet. 5. 1. 2. 3. and knoweth no other bishops , but them alone of divine institution . de intrusione in hereditatem ; to shew by what divine title they have intruded themselves into the church , christs owne inheritance , into temporall offices , imployments , and state affaires , and into those great lordships and honors they now possesse . ad inquirendo de damnis ; to inquire what great hurt and damages they have done to their severall diocoese , his majesties prerogative , his peoples liberties and estates , the ministers and preachers of gods word , our religion and to the whole state of england . an inquirendo de vasto ; to inquire of the great waste and havocke they have made of late amongst the ministers and preachers of gods word , and the purity of his ordinances , and thereupon to render treble dammages a leproso amovendo ; to remoove these leopards out of our church , before they have so farr infected it with the leven and leprosy of rome , that she become incurable , and to remoove them farr from his majesties court , no place for lepers . a libertate ; to free both ministers and people from their late encrochments , visitations , articles , oathes , altars , bowings , ceremonies , and unjust censures , and proceedings . a libertatibus allocandis ; to enforce them to allow and no wayes to encroach upon the subjects liberties . a mandamus ; to commaund them to give over lording and loyetering , and sett themselves to frequent and diligent preaching . a melius inquirendo ; to inquire better of their pretended ius divinum , their oppressions , exorbitances , lives , proceedings , and underhand juglings , and to certify them into the starre-chamber , or some other court of record . an action upon the statute of monopolies ; for engrossing all temporall and ecclesiasticall iurisdiction , the sale of letters of order , lycenses to marry , preach , keepe schoole , &c. ( all grosse symony into their owne hands . ) a ne admittas ; to prohibite them to admit any altars , images , crucifixes , taxers , new articles , ceremonies , doctrines , or innovations into our church . a ne injuste vexes ; to restraine them from all unjust vexations , suspentions , excommunications , and proceedings against ministers and others . a writt of nusans ; to remoove their late nusances , altars , crucifixes , new oathes , articles , innovations , rayles , ceremonies , arminian and popish doctrines , out of our church . a non distringas ad respondendum , sive breve regis : to force them to summon all their visitations by the kings writt , as they ought , 25. h. 8. c. 19. and to make out all proces , citations , commission of administration , probat of wills &c. in the kings name and sti●e alone , and under his seale , according to 1. ed. 6. c. 2. 1. eliz. c. 1. a non molestando ; to hinder them from molesting good ministers , preachers , people , and other his majesties subjects without just cause . a moderata misericordia ; to moderate their illegall and excessive fines , and teach these holy fathers more mercy : a writt of false imprisonment ; for pursevanting and imprisoning men against law , which they have no power at all to doe : a writt de odia & atia ; to examine their malicious unjust accusations , imprisonments , and proceedings of and against his majesties subjects . a parco fracto ; for breaking the pales and hedges , both of the lawes of god and the realme , and ruling onely by their meere lusts and wills . a perambulatione facienda : to bound out the true limites of their ecclesiasticall and episcopall iurisdiction , courts , and power , and to cause them to give those prisoners they have a long time shut vp : and the common law and course of prohibitions , which they have pent up of late , to walke freely abroad . a ponendo in ballyam ; to enforce them to dischardge and bayle those they have unjustly imprisoned . a praeligcipe in capite ; to render to god and the king those their severall rights , iurisdictions , and prerogatives , they have a long time unjustly detayned from them as their owne . a prohibition : to hinder all their innovations , oathes , visitations , articles , extravagant proceedings , fines , imprisonments , extortions , excommunications , suspentions , encroachments on the common law and the like . a pro rata portione ; to give them onely that power and authority , and such competent maintenance as gods lawes allowes them , and no more . a quale jus : to examine their divine title of their bishopprickes , what right it is ? a quare impedit ; to force them to shew good cause , why they hinder ministers from preaching to their people , and prohibit those to heare sermons abroad , who have none at home . a quare incumbravit ; to shew cause why they have lately incombred our churches , ministers , people , with so many innovations , alterations , injunctions , articles , oathes , fees , taxes , rayles , ceremonies , erronious , and licentious bookes , and false doctrines , and to censure them severely for doeing it . a quare non admisit : to shew cause why they permit not ministers to preach on lords dayes afternoone , on lecture dayes , and other occasions , or so osten as heretofore , and why they resuse to admit those into the ministry , or to livings , who will not subscribe to their new innovations , and those articles they secretly tender to them under hand . a quod permittat : to permit the lords table to stand quietly in the midst of the church or chauncell , without being rayled in and remooved altar-wise against the wall , and to suffer ministers to preach , and people to heare and receive the sacrament , in such manner as they have formerly used . a querela coram rege , & consilio discusiendo & terminando ; to bring all these quaeligres and the complaints of the subjects against the bishops , and their officers , before the king and his counsell , to be there heard and determined by them . a quo iure : to examine by what law they have turned communion tables into altars , set up crucifixes , silenced our ministers , put downe lectures , and preaching , made and printed new oathes , articles and injunctions in their owne names &c. and by what law , and in what court they may be punished for them . a restitutione abstracti ab ecclesia : to restore our silenced ministers and preachers to their chruches . a salva conductus ; to suffer his majesties subjects to goe peaceably and safely about their busines , and ministers without danger of their pursevants and catch-poles . a securitate pacis ; to bind them to the peace and good behaviour , that they may no longer disturbe the peace , both of our church , state , and people . a supersedeas ; to stay all their innovations , and proceedings in their consistories and visitations , till they have a patent and commission under the kings great seale , to keepe them in his name and right alone . a writt of trespase against them , and their pursevants , for rifling and breaking vp mens howses , clossets , trunckes , chests , and carrying away their bookes and papers violently , against law and iustice , as if they were felons and traytors . an action upon the statute of vagarant rogues and vagabonds ; for wandering abroad from their owne callings ecclesiasticall , imployments , and diocoeligse , into temporall carnall worldly state affaires , and following the court like a company of flattering fawning beggers , hunting after greater preferments and revenues , and being seldome resident at their cures . a writt of ventre inspiciendo ; to inquire after and inspect , how many great bellyes their lordships with their officers , and servants have impregnated of late yeares , and to take the full measure of their lordships pampered bellyes , which they onely feed and take care of ; which must needs be monstrous great , when as their very tayles are so vaste , as to require an whole cathedrall church to make a seat for them ; pauls it self , being litle enough to make a lord prelates chayre ; and two or three sheires scarce able to make up one diocoeligse , or parish bigge enough for his oversight . a vi laica removenda ; to remoove all lay force and violence out of the church , and take away the temporall power of fining , imprisoning , pursevating , breaking open mens houses , &c. from their lordships , with all other lay power and iurisdiction now crept into the church . and a fieri facias ; for their lordships to shew cause , why they with their oppressing arch-deacons , commissaries , registers , and other officers , should not forthwith be indicted and convicted in a premunire ( and that ex officio by his majesties atourney generall and his iudges ) or deepely fined in starre-chamber , for all their severall misdemeners specified in the premises . xiv . whether those bloudy prelates , who out of their desperate malice to our saviour ( to evacuate the use of this his last supper , instituted purposely by himself to shew forth his death till he come , 1. cor. 11. 25. 26. coll. 3. 1. ( which now these crucifixes must doe as if this sacrament were not sufficient to doe it , no not when it is administred , unlesse there be a crucifixe then standing on or over the altar ) and to reduce us backe againe to rome ) now crucify him dayly in their new erected crosses and crucifixes , both in cathedralls , private chapples , and elsewhere , and that in the direct opposition to the 35. article of our church , and the homilie of the perill of idolatry ; which they have prescribed ost times too ; ( expresly prohibiting the very making and setting up of crucifixes , and other images in churches , or chappell 's , as unlawfull and idolatrous : yea to his majesties declarations prohibiting all innovations and backesliding unto popery in the least degree : ) to be guilty of perjury to god , and disobedience to his majestie in the highest degree , and to be deprived of their bishopprickes for it , by the statute of 13. eliz. c. 12. confirming the sayd articles of religion and homilies ? and whether their cathedralls , chappell 's and churches , wherein they have sett up such crosses to crucify their saviour owne ( whose holy , paynefull , dayly , preaching life , they have never before their eyes ; and therefore represent his death in these dumbe pictures , because they are growne so lazy , that they seldome or never preach it ) be not ipso facto forfeited to the king by the statute of 13. e. 1. c. 33. against setting up of crosses and crucifixes , and their very bishopprickes too ; which they better deserve to loose for this their open insolent erecting of crucifixes , altars , tapers , and other romish superstitions to usher in popery , then any godly ministers to be deprived of their livings for not wearing of a surpluse , or not bowing at the name of iesus , or not kneeling at the sacrament , or not yeelding to any other late innovations , for which their lordships against all law and conscience have deprived , and suspended so many of their godly brethren , more worthy a bishoppricke , and farr more innoxious , pious , obedient to his majesties and gods lawes , then themselves ? xv. whether the prelates , for disguising themselves with strangevestments , disguises vizors , and playe like apparell , as rochetts , copes , stoles , abbies , and other massing trincketts to difference themselves from all other men , and daunceing , cringing and playeing the mummers , with divers new antique gestures , piping organs and minstrelsy , before their new erected altars , hopping , limping and dauncing before them like the ancient pagan priests about their idolatrous altars , or like mummers about a cobloase , and putting on a meere vizor of piety & gravity on their faces , when as they have neither of them nor any other true christian graces in their hearts ; and under these disguises doeing greater hurt and mischiefes , both in church and state , be not finable , and to be imprisoned for the space of three monethes without buyle or mayneprise ; for every time they shall be thus masked and disguised , by the expres words of 3. h. 8. c. 9. intituled : an act against mummers and delinquents within that law : and whether the best use these lord bishops , thus disguised in their pontificallibus , can be put unto , be not to make skarrecrowes in some cornefeild or other , or to stand in the church-porch to keepe out dogges , from their holy consecrated temples , which would be so affrighted with their mumming vestments and disguises , that they never durst come neare the corne or church , for feare of these terrible lordly bugbears and skarre-crowes . xvi . whether by the statutes of 25. ed. 1. c. 4. and 34. ed. 1. c. 5. every arch-bishop and bishop of england , ought not personally to read the statutes of magna carta , and of the forest , with king edward the first his confirmations of them , in their severall cathedrall churches twice every yeare , and upon the reading thereof , openly to denounce , excommunicated , banned , and accursed , all those that willingly doe or procure to be done any thing contrary to the tenour , force and effect of them , or either of them , by word , deed , or counsell : whether they ought to be destrayned , suspended and excommunicated for not doeing of it , with farr greater justice and reason , then themselves suspend and silence ministers , for not reading their lordships declaration for sports on the lords day ( coulored over with his majesties name , to dishonor his highnes , and excuse themselves ) these two statutes enjoyning them , the one in expresse termes , and inflicting these penalties on them for neglecting it , but no law , precept or canon prescribing ministers the other , nor yet that booke it self ? whether their lordships both by word , deed and counsell infringing magna carta , these statutes sundry wayes , especially by their imprisoning , fining , excommunicating , suspending and depriving men against law , and by their new invented taxes , and talleges , to pill and poll the subjects , and in procuring iudges and others by menaces , flatery , or ill counsell , to deny prohibitions , and habeas corpore , to doe many things against the tenour and effect of these good lawes , now miserably every-where trampled vnder feet , be not ipso sacto excommunicated by divers ancient excommunications , fulminated against such desperate infringers and transgressors of those acts in a most direfull manner by their predecessors , and by the tenour of these statutes themselves , and so altogether irreguler , and to be shut out of all churches , his majesties court and chapple , all christian mens societie , and sequestred both from their office and benefice , till they have done publicke penance , and given sufficient satisfaction to the whole realme of england , for their enormious dayly multiplyed crimes , under which both church and kingdome groane and languish at this present . finis . notes, typically marginal, from the original text notes for div a10198-e100 * see summa angelica & summa rosella tit . simonia . * 2. chron. 6 &c. 7. 7. † exod. 30. 22. &c. &c. 40. * summa angelica & rosella tit . simonia & consecratio ecclesiaelig . † lindwode de censibus & procurationibus , where all this is resolved . * lindwode ibid. & 23. eli. c. 1. * 28. ass. 19. 40. ass. 40. 43. ass. 30. stamford . l. 2. c. 60. fitz. ca. 27. 30. 36. 51. 53. 56. 58. 71. 72. 191. 218. 225. 233. 283. 359. br. pa. 1. 2. 4. 5. 8. 9. 12. 13. 14. 15. 19. * petition to q. eliz. p. 77. * luke 19. 47. c. 20. 1. c. 21. 37. 38. c. 22. 53. † acts 20. 20. 21. 31. c. 19. 9. * regist. par . 2. f. 36. ras. prohibition 5. the subjection of all traytors, rebels, as well peers, as commons in ireland, to the laws, statutes, and trials by juries of good and lawfull men of england, in the kings bench at westminster, for treasons perpetuated by them in ireland, or any foreign country out of the realm of england. being an argument at law made in the court of kings bench, hil. 20 caroli regis, in the case of connor magwire, an irish baron ... fully proving; that irish peers, as well as commons may be lawfully tried in this court in england, by the statute of 35 h.8.c.2. for treasons committed by them in ireland, by a middlesex jury, and outed of a trial by irish peers: which was accordingly adjudged, and he thereupon tried, condemned, executed as a traytor ... by william prynne esq; a bencher of lincolnes inne. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91287 of text r203350 in the english short title catalog (thomason e945_5). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 214 kb of xml-encoded text transcribed from 47 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91287 wing p4090 thomason e945_5 estc r203350 99863324 99863324 115516 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91287) transcribed from: (early english books online ; image set 115516) images scanned from microfilm: (thomason tracts ; 141:e945[5]) the subjection of all traytors, rebels, as well peers, as commons in ireland, to the laws, statutes, and trials by juries of good and lawfull men of england, in the kings bench at westminster, for treasons perpetuated by them in ireland, or any foreign country out of the realm of england. being an argument at law made in the court of kings bench, hil. 20 caroli regis, in the case of connor magwire, an irish baron ... fully proving; that irish peers, as well as commons may be lawfully tried in this court in england, by the statute of 35 h.8.c.2. for treasons committed by them in ireland, by a middlesex jury, and outed of a trial by irish peers: which was accordingly adjudged, and he thereupon tried, condemned, executed as a traytor ... by william prynne esq; a bencher of lincolnes inne. prynne, william, 1600-1669. [20], 72 p. printed by j. leach for the author, london : 1658. running title reads: the case of the lord magwire, hil. 20 car. banc. regis, &c. annotation on thomason copy: "may 14th"; "may. 14". reproduction of the original in the british library. eng enniskillen, connor maguire, -baron of, 1616-1645 -early works to 1800. jurisdiction -england -early works to 1800. jurisdiction -ireland -early works to 1800. treason -england -early works to 1800. trials (treason) -england -early works to 1800. a91287 r203350 (thomason e945_5). civilwar no the subjection of all traytors, rebels, as well peers, as commons in ireland, to the laws, statutes, and trials by juries of good and lawful prynne, william 1658 37513 198 0 0 0 0 0 53 d the rate of 53 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 apex covantage keyed and coded from proquest page images 2007-04 john latta sampled and proofread 2007-04 john latta text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the subjection of all traytors , rebels , as well peers , as commons in ireland , to the laws , statutes , and trials by juries of good and lawfull men of england , in the kings bench at westminster , for treasons perpetrated by them in ireland , or any foreign country out of the realm of england . being an argument at law made in the court of kings bench , hil. 20 caroli regis , in the case of connor magwire , an irish baron ( a principal contriver of the last irish rebellion : ) fully proving ; that irish peers , as well as commons , may be lawfully tried in this court in england , by the statute of 35 h. 8. c. 2. for treasons committed by them in ireland , by a middlesex jury , and outed of a trial by irish peers : which was accordingly adjudged , and he there upon tried , condemned , executed as a trayur : wherein are comprised many other particulars and notable records , relating to the laws , peers , statutes , affairs of ireland , not obvious in our lawbooks , and worthy publike knowledge . by william prynne esq a bencher of lincolnes inne . numb. 35. 31 , 33. ye shall take no satisfaction for the life of a murderer , which is guilty of death , but he shall be surely put to death . so ye shall not pollute the land wherein you are ; for bloud de fileth the land , and the land cannot be cleansed of the bloud that is shed therein , but by the bloud of him that shed it . london printed by j. leach for the author , 1658. to the ingenuous readers , especially professors , students of the laws of england , and ireland . having lately published a much enlarged edition of my plea for the lords and house of peers , wherein the undoubted antient birthright of all english lords and barons to sit , vote , and judge in all parliaments of england , and their tryal by their peers , is irrefragably vindicated by histories and records in all ages , and larger discoveries made of the proceedings and judicature in our parliaments in cases as well of commoners , as peers , than in all former treatises whatsoever : i apprehended it neither unseasonable , nor unprofitable to publish this argument at law , concerning the trial of irish peers for forein treasons acted by them , made by me near 14 years past in the kings bench court at westminster , in the case of connor magwire an irish baron , there indicted for high treason , in having a principal hand in the late bloudy rebellion in ireland ; against whom i was ( by special order ) assigned counsel , among others , by the parliament then sitting ; upon whose plea , and a demurrer there unto , i first argued this new point in law , never formerly disputed , adjudged in open court ; whether an irish peer , for commoner ) committing treason in ireland , sent over from thence into england against his will , might be lawfully tryed for it in the kings bench at westminster by a middlesex jury , and outed of his tryal by irish peers of his condition , by the statute of 35 h. 8. c. 2 ? after two solemn arguments at the bar , by my self , and serjeant rolls against , and mr. hales , and mr. twisden for the prisoner , and mr. justice bacons argument on the bench , his plea was over-ruled , adjudged against him ; it being resolved , he might and ought to be tried only by a jury of middlesex , not by his peers of ireland ; whereupon he pleading , not guilty , to his indictment , was tried by a substantial jury ( to whom he took both his peremptory and legal challenges , which the court allowed him of right ) and after a very fair and full trial was found guilty by the iury , upon most pregnant evidence ; and then condemned , executed as a traytor at tyburn , as he well demerited . the reasons inducing me to publish this argument were : 1. the near affinity and cognation it hath with my plea for the lords . 2ly . the novelty , rarity of the subject and points debated in it , not formerly discussed at large in our law-books . 3ly . the generality and publike concernment thereof , extending to all irish subjects , whether peers or commons , and so worthy their knowledge , perusal . , and of all publike officers in ireland ; especially lawyers . 4ly . the prevention of misreports of this case and argument , in this age , wherein many arguments at law , and reports of cases have been lately published by in●udicious hands , mistaking , mangling , or misreciting the reasons , records , lawbooks cited both at barr and bench , and sometimes the cases , iudgements themselves ; to the prejudice , seduction of young students of the law , and scandal of the law it self . 5ly . the importunitie of some friends who formerly desired copies thereof from me , when i had no leisure to furnish them therewith . 6ly . the vindication , declaration both of the parliaments and kings bench honorable , resplendent , equal , untainted justice against this arch-irish-traytor and rebel , and that in these particulars ; 1. in trying this notorious offendor , guiltie of the horridest , universallest treason and rebellion that ever brake forth in ireland ; and that in a time of open war both in ireland and england , only by a legal indictment , and indifferent sworn jury of honest and lawful freeholders , according to the known laws and statutes of the realm ; not in a court marshal , or any other new-minted judicature , by an arbitrarie , summarie , illegal or martial proceeding , without any lawful presentment , indictment or trial by a sworn , impartial , able iury , resolved , to be diametrically contrary to the fundamental laws , customs , great charters , statutes of the realm , and inherent liberty of the subject , especially in time of peace when all other courts of justice are open , and of very dangerous consequence , and thereupon specially prohibited , enacted against ; as you may read at leisure in the statute of 5 r. 2. parl. 1. ch. 5. rot. parl. n. 57. 2 r. 2. rot . parl. n. 57. 1 h. 4. rot . parl. n. 44. 2 h. 4. rot . parl. n. 89. the votes of the house of commons and lords against it , may 7. 1628. the petition of right , 3 caroli , mr. cambdens annals of qu. elizabeth , p. 242 , 243. cooks 3 instit. p. 52. 124. and accordingly declared by the commons house in their a remonstrance of the state of the kingdom , 15 decemb. 1641. and by the whole parliament , and most now in power , in the case of the lord mount-norris ; whose trial and capital condemnation in a court marshal in ireland by martial law , in time of peace , without a lawful indictment and trial by his peers , in a summarie way , by the earl of straffords power , then lord deputy of ireland , was one of the principal b charges , evidences against him , to make good his general impeachment of high treason , for which he was condemned and beheaded on tower hill for a traytor , by judgement and act of parliament ; namely , that he had trayterously endevoured to subvert the fundamental laws and government of the realm , and instead thereof to introduce an arbitrary & tyrannical government against law : though this lord was not executed or put to death by that sentence against him ; which if executed , had been wilfull murder both in his judges & executioners , as sir edward cook resolves in his 3. institutes , p. 52. 124. printed by the house of commons special order ; and king alfred long before him , who hanged up no fewer than 44 of his justices in one year as mvrderers , for condemning and executing some of his subjects , without a sworn jury of 12. men ; and others of them for offences not capital by the known laws , or without pregnant evidence : as andrew horn records in his myrrour de● justices ; ch. 5. p. 296 , 297 , 298 : who thence infers ; abusion est ( de la commen ley ) que justices & lour ministres que occient la gent per faux judgment , ne sont destruits al foer de autres homicides , que fit le roy alfred , que fist pendre ▪ 44 jvstices en un an , tant come homicides pur lour faux judgements , which others guilty of the like crimes ( especially since these antient & straffords , canterbu●ies , with the ship-mony-judges , late presidents , impeachments , sentences , to the prejudice of the subjects lives , estates , ) may do well to ruminate upon . 2ly . in assigning this arch-traytor such learned counsel as be desired , to advise and plead for him in this case of high treason in all matters of law arising therein ; which the parliament likewise allowed to strafford and canterbury , though impeached of high treason : and therfore cannot in * point of justice be denied to any other person or persons in like cases , if desired . 3ly . in admitting him free liberty to put in a plea in writing to the manner of his tryal , and to the iurisdiction of the kings bench it self ( though the c highest court of justice in all england but the parliament , and having lawfull conusans of all sorts of treasons whatsoever ) and not peremptorily over-ruling , rejecting it forthwith , and giving judgement against him pro confesso , or as * standing mute , for not submitting to its jurisdiction , and a tryal by an ordinary middlesex jury , being a matter of law and right ; but permitting , yea ordering his plea upon a demurrer thereunto , to be publickly argued pro & contra at the bar by counsel , and then solemnly argued at the bench by the judge , before it was over-ruled ( being a case of general concernment ) to satisfie him and all the world of the legality and justice of his tryal . and then permitting him according to law , to plead not guilty , and put himself upon his tryal by the country ; not sentencing him to death for treason without any tryal or good evidence produced to convict him . 4ly . in allowing him a free honorable tryal upon an indictment , first found upon oath by the grand jury , & then suffering him to take not only his particular chalenges by the poll to every of the jurors retorned , upon a voyre dire ( not formerly heard of , yet allowed him , as reasonable , to take away all coulor of partiality or non indifferency in the jurors ) whereupon every jury man was examined before he was sworn of the jury : whether he had contributed or advanced any monies upon the propositions for ireland , or was to have any share in the rebels lands in ireland , by act of parliament , or otherwise ? but likewise in permitting him to take his peremptory challenge to 35 of the 2 juries retorned , without any particular cause alleged ; which liberty d our laws allowing men in favorem vitae , and because there may be private causes of iust exceptions to them known to the prisoner , not fit to be revealed , or for which he wants present proof , and that in cases of high-treason as well as of felony , the court though● just and equal to allow the same to him , though a notorious irish rebel . wherefore it ought much more to be allowed to all english freemen lesse peccant , and not so notoriously guilty as this transcendent traytor ; the debarring the party indicted of his lawfull challenges , being to debar him of a principal matter concerning his tryal , yea a means to take away his life without just cause or guilt ; much more then a tryal by such iurors , committees , commissioners or other judges nominated by persons interessed , or parties , without the denomination or direction of sworn officers of justice alone , against the course of the common law , as the statute of 11 h. 4. c. 9. and cooks 3 instit. p. 32 , 33. resolve . in this argument the readers ( especially irish students of the law may take notice ; first , of some observable passages and * records touching the setling of the laws and great charter of england in ireland , the endenization of irish-natives to make them capable of the laws and liberties of the english there ; the statutes , peers of ireland , and the tryal of peers there for treasons , not obvious in other law books ; to which i at first imended to have added an appendix of the most remarkable passages in our histories , and chiefest records in the tower relating to the sover aign jurisdiction of the kings and parliaments of england over ireland , and to the parliaments , officers , government , and affairs thereof , not hitherto published , and unknown to most , of very necessary and excellent use . which being over-large for an appendix , i must reserve for a particular treatise by themselves ; or joyned with some other records and histories relating unto scotland , most worthy of publick view , if god send health and opportunity to communicate them to posterity . only i shall here insert one pertinent record to manifest , that the trying of irish malefactors in england , the binding them to appear , the recording their defaults , and giving judgement against them for not appearing here for murders , robberies , and felonies committed or acted by them in ireland , is no novelty ( having omitted it in my argument ) it being in use in the ninth year of king john , as this patent manifests . e rex m. filio henrici , iusticiario hiberniae salutem . mandamus vobis quod deduci faeiatis secundum judicium comitis dublin , galfredum de marisco & alios qui rectati sunt de incendio & roberia & morte homnum , & aliis rectis quo● pertienent ad coronam nostram unde eis dies datus est coram nobis in anglia a die sancti michaelis ad 15 dies , ad quem non venerunt nec pro se responsales miserunt , et absentiam suam die illo attornatis eis in defaltam et ipsos 〈…〉 secundum judicium ●●●dict , comiti●de vita et membris , et obsidibus , et vadiis , et plegiis . teste me●pso apud theoukesbury , 12 die novembris . 2ly . the readers may herein discern the treacheries , conspiracies , insurrections , rebellions of the native irish in all ages since their submission to king henry the 2d . anno 1171. and their swearing of fealty to him and his heirs , for ever as to their lawfull kings and lords , recorded at large in our k historians , towards our kings and english nation , and their frequent endeavours utterly to cast off their dominion , and extirpate them out of ireland , which is notably expressed in many of our records , as claus. 5 e. 3. part 2. m. 12. dorso . pa● . 5 e. 3. pars 1. m. 25. cl. 35 e. 3. m. 36. claus. 36. e. 3. m. 42. dors . & claus. 42 e. 3. m. 6. & dors . 13 , whence giraldus cambrensis ( who went along into ireland with king henry the 2d . and with his son john , when made king thereof by his father , who made the first and fullest description of it , and its conquest , and of the manners , qualities of the irish ; of any of our historians ) gives this character of them and their deportment towards the english in that age ; l praeomnt alia gente proditionibus semper insistunt ; fidem datam nemini servant , fidei et sacramenti religionem quam sibi semper servari summopere volunt , aliis praestitam quotidie violarenec verecundantur , nec verentur : unde et cum cautelas omnes observaveris & adhibueris , cum securitati & indemnitati tuaetam sacramentis et obsidibus , quam ami●itiis firmiter junctis , & beneficiis multimodè collatis , modis omnibus invigelaveris , tunc primo timendum est tibi : quia tunc prae●ipuè ipsorum vigilat malitia , cum ex securitatis abundantia te tibi praesenserint non invigilare : tum demum ad arcem nequitiae , tum ad assueta fallaciae telae confugiunt , ut sumpta securitatis occasione laedere valeant vel improvisum . he subjoins . inter alia multa artis iniquae figmenta , hoc unum habent tanquam praecipuum argumentum : ( and ô that too many english as well as irish were not guilty of this transcendent treachery and hypocrisie ! ) sub religionis et pacis obtentu ad sacrum aliquem locum conveniunt cum eo quem oppetere cupiunt : primo compaternatis foedera jungunt : deinde ter circa ecclesiam se invicem portant ; postmodum ecclesiam intrantes coram altari reliquiis sanctorum , sacramentis multifarie praestitis , demum missae celebratione , et orationibus sanctorum sacerdotum canquam dispensatione quadam , indi●●olubiliter faederantur . ad ultimum vero ad majorem amicitiae confirmationem , et quasi negotii consummationem sanguirē sponte ad hoc fusum , uterque alterius bibit . hoc autem de ritu gentilium adhuc habent , qui sanguinem in firmandis faederibus uti solent . o quoties in ipso desponsationis hujus articulo a viris sanguinum et dolosis , tam dolose & inique funditur sanguis , ut alteruter penitus maneat exanguis ! o quoties eadem hor a et in continenti , vel sequitur , vel praevenit , vel etiam inaudito more sanguinolentum divortium ipsum interumpit desponsationem ! adeo proditionis pestis h●c invaluit et quasi radices pouit , adeo in naturam converti praevalet pravae consuetudinis longus abusus , adeo a convictu mores formantur , et qui tangit picem coni●quinabitur ab ea , adeo mali vis magna est , quod etiam advenae eodem vitio inquinati sunt . he adds in another place , m ad resistendum anglis , et antiquae libertatis sub capitum discrimine iura tuendum , unanimi voto conspirant . et ut hunc plenius affectum deducere possint ad effectum , vinctis undique faederibus , de novo fiunt ex hinc amici qui antea fuerunt inimici . all which we find verified of them in this last rebellion and massacre of the english , for which this prisoner was indicted and executed : so as we may well conclude of the irish in his ensuing words . n nationis subdolae longè fortius timenda est ar● , quam mars ; pax , quam fax ; mel , quam fel ; ma litia , quam militia ; proditio , quam expeditio ; amicitia praefucata , quam inimicitia despicata . 3ly . the readers may here in part discern , by whom , and in what manner the laws of england were first established in ireland , and how farr , and to what persons there : to which i shall add this passage of o mat. paris , an. 1172. touching k. henry the 2. his setling our lawsthere . rex pater antequam ab hybernia rediret apud lissemor concilium congregavit , ubi leges angliae ab omnibus sunt gratanter acceptae , et juratoria cautione praestita , confirmatae . with that of p sy●vester●●a●●us , who ●●●●●ing the constitutions made at the council of cassils in ireland under this king henry for the government of the church , and ●eformation of the manners of the irish , there recorded at large , concludes thus . itaque ●m●●● divina ad instar sacrosanctae eccles●e iuxta quod anglicana observat ecclesia in omnibus partibus hyberniae amo●o tra●●●●tur . dignum etenim & sust issi●●m est , ut sicut dom●nium et reg●m ex anglia , sortita est divinitus hybernia , sic etiam exinde vivendi formam reci●i●●nt m●li●●em . ipsi namque regi magnifico tam ecclesia quam regnum hyberniae debent , quicquia de b●n● pac●s , ●i incremento religionis hactenus est assecuta . after which the irish rebelling , and casting off the english laws , q king john anno dom. 1211. arriving at dublin with a great army ; occurrerunt ei ibidem plusquam viginti reguli illius regionis , qui omnes ●imore maximo perterriti , ●●m●gium illi & fidelitatem fecerunt : fecit quoque r●●ibidem construere leges et consuetudines anglicanas , ponens vicecomites et alios ministros qui populum regni illius juxta leges anglicanas judicarent , ( ●o ●●● ; r in the english pale , and territories reduced into counties , and under the kings dominion ) as matthew paris and others story . fourthly , the readers and our whole nation may hereby and herein discover , for their present and future information , the provident care and prudence of our english parliaments in all former ages , to secure the lives and inheritances of all english freemen and irish subjects against all arbitrary , tyrannical power and proceedings whatsoever , even in cases of pretended or real treasons , and the highest capital offences , by providing and enacting from time to time , that not only all english freemen , but all other irish or outlandish persons accused of any high treasons , misprisions or concealments of treasons committed by them either within or without the realm of engl. should be impeached of , and arraigned for the same , only upon a legal presentment or indictment first found against them by a iury of good and lawful men upon their oathes ; and after that tried for the same by another legal iury of 12. honest and substantial indifferent freeholders upon their oathes , or by the lawful judgement of their peers ( if english peers ) and not for judged of life or limb , nor outlawed , exiled ▪ put to death passed upon or any way destroyed , but only by the lawfull judgement of their péers , according to the due course of the common law , and not otherwise , ●● the grand ●harter of king iohn , the statute of magna charta , ch. 29. in 9 h. 3. 25 e. 1. c. 1. 28 e. 1. c. 1. 5 e. 3. c. 9. 20 e. 3. c. 2. 25 e. 3. c. 2. of treasons , 28 e. 3. c. 3. 42 e. 3. c. 3. 2r . 2. rot . parl. n. 57. 1 h. 4. rot . parl. n. 44. 2 h. 4. n. 60 , 89. 2 h. 5. c. 6. 20 h. 6. c. 9. 22 h. 8. c. ● . 23 h. 8. c. 13. 26 h. 8. c. 13. 28h . 8. c. 7 , 10 , 18. 31 h. 8. c. 8. 14. 32 h. 8. c. 4 , 35. 33 h. 8. c. 12. 20 , 21 , 23. 35 h. 8. c. 2 , 3. 1 e. 6. c. 12. 5. e. 6. c. 11. 1 mar. c. 6. 1 & 2 phil. & mar c. 10 , 11. 1 eliz. c. 1. 6. 5 el. c. 1. 13 el. c. 1. 14 el. c. 1. 18 el. c. 1. 23 el. c. 1. 27 el. c. 2. 3 jac. c. 2. the pitition of right 3. caroli , with sundry other statutes enact , and ſ all our law books resolve : so that no mans life whatsoever can legally be hazarded or taken away for any real or pretended treason or capital crime , without a double jury , & the verdicts of 24 sworn good honest men at the least , or more , or by a grand iury , and 12 or more peers of the realm , if an english peer ; and in case of forrai ners , by a jury of 6. english , and 6. of their own countrey-men ( if so many may be found fit to be retorned of a jury ) to avoid partiality : which seconded must be with the judgement of one or more sworn judges setting on the tribunal of justice . which treble bulwork and grand fundament . i security of all english freemens and others lives , inheritances , families , estates , against all unlawfull conspiracies , practises , combinations , subordinations of witnesses , machiavilian policies , and arbi●rary tyrannical powers , proceedings whatsoever , especially in perilous treacherous times , if once undermined , subverted , or interrupted by arbitrary courts-martial , committees , or any other new erected tribunals , by what names or specious pretences whatsoever of publick safety , danger , or necessity , what sad effects it would soon produce to the endangering , yea losse of the lives , inheritances , fortunes of the most innocent , best-deserving persons , and real patriots of their countries laws and liberties , through the power , policy , confederacy , covetousnesse , ambition , reveng , malice , emulation , suspition , tyranny , injustice , partiality , self-interests of suborned , perjured witnesses , or despitefull , powerfull prosecutors , accusers , and of unrighteous packed , partial prae-ingaged judges , ( admitting no legal pleas against their exorbitant jurisdictions no legal challenges to their petsons , nor appeals from their unjust sentences , though capital , without any clear testimony to prove them guilty and worthy of death by our known laws ) all lovers of their own families , friends , neighbours , liberties , lives , estates , or the publick safety , may eafily resolve , not only from sundry experiments and t histories in former and late ages over-tedious to recite ; but by the memorable presidents of innocent nahoth recorded for this purpose in sacred writ . 1 king. 21. and of the pro zechariah , 2 chron. 24. 20 , 21. 22. compared with that of psal. 94. 20 , 21. shall the throne of inquity have fellowship with thee which frameth mischief by a law ? they gather themselves together against the soul ( or life ) of the righteous and condemn the innocent blood : with ezech. 22. 6 , 9 ▪ 12 , 27. & i say 59. 6 , 7. behold the princes of israel , every one were in thee to their power to shed blood . in thee have they taken gifts to shed blood . her princes in the midest thereof are like wolves ravening the prey . to shed blood and to destroy souls ( that is the u lives of innocent men under a pretence of law , justice for pretended crimes , treasons ) to get dishonest gain : their wayes are wayes of iniquity , the att of violence is in their hands ; their feet run to evil , and they make hast to shed innocent blood : their thoughts are thonghts of iniquity ▪ wasting and destruction are in their paths , there is no judgement ( or justice ) in their going● , they have made them crooked paths : parallel'd with jer. 22. 17. but thine eyes and thine heart are not but for thy covetousness , and for to shed innocent blood , and for oppression and violence to do it . such monsters of injustice , rapine , oppression , violence , against all laws of god and man , do kings , princes , and great men degerate into even among gods own people , when they break down the pales and fences of publique laws and justice made for their subjects preservation , and let loose the reines to arbitrary goverment , and lawless proceedings , to shed their blood , or confiscate their estates , supplant , and ruine their posterity in a seeming way of justice . the consideration of which sacred texts and presidents should both caution and engage all future english parliaments , the whole nation , and every individual member thereof , for ever to abandon and abominate such irregular judicatures and extravagant proceedings , and not to give the least countenance or incouragement thereunto , especially after this memorable president of the lord magwire , and our many years late contest in parliament and bloody encounters in the field , to maintain the fundamental laws , privileges , and good customes of this kingdome ( whereof the tryal of men by a lawfull indictment , jury , and verdict of their peers , is the principal ) whereby not only the supream authority , but the peoples security of lives , lands , livings , and privileges ( both in general and particular ) are preserved and maintained , and by abolishing or alteration of the which , it is impossible but that present confusion will fall upon the whole state and frame of this kingdome ; as king james himself , and the whole parliament long since resolved in the act of 1 iacob . ch. 2. and without the full possession of which fundamental rights , laws , and liberties , we can have little hopes , ( as to humane considerations ) to enjoy anie comfort of life , or so much as life it self , but at the pleasures of some men , ruling méerite by will and power ; as the general , officers , and army themselves have long since published and declared to the parliament and world , in express words , in their x declaration and representation humbly tendred to the parliament , concerning the just & fundamental rights & liberties of themselves & the kingdome . iune 14. 1657. which they may do well to remember and pursue ▪ in prosecution whereof , in the heads of proposals agreed upon by his excellency and the councel of the army , to be tentred to the commissioners of parliament residing with the army ; containing the particulars of their desires in pursuance of their former declarations and papers , august 1. 1647. proposal . 10. they desired , that the rights of the commons of england might be cleared , as to a due exemption from any iudgment , tryal , or other proceedings against them by the house of peers , without the concurring judgement of the house of commons . as also from any other judgement , sentence , or proceeding against them other than by their equals , or according to the law of the land . which how inconsistent it is with all military and summary proceedings in all new courts , committees , or commissions since erected , i refer to their own consciences and iudgements to resolve . 5ly . the readers may hereby discern , that errors themselves in the courts of ireland , with other grievances could not antiently be redressed in the parliaments thereof , but * only in england , till 29 e. 3. as is evident by this memorable hitherto unprinted record made for relief in such cases . * rex justiciario & cancellario suis hiberniae , salutem . ex parte nonnullorum fidelium nostrorum communitatis terrae nostrae hiberniae , nobis est graviter conquaerendo monstratum , ut cum ipsi dampna & gravamina quamplurima à magno tempore sustinuerint ex hoc , quod ipsi terras & tenementa sua in manum nostram per ministros nostros , terrae praedictae , cum nomine districtionis , cum ex causa transgressionis , sive alienationis sine licentia nostra , factae , voluntariè & absque causa rationabili capta , extra manus nostras , licet ritè & processu debito inde penes vos & alios de consilio nostro in partibus illis , juxta legem & consuetudinem terrae praedictae prosecuti fuissent * recuperare non possunt . et etiam ex hoc , quod errores qui in recordis & processibus placitorum coram justiciariis nostris & aliis curiis & placiis in eadem terra , quae recordum habent , habitis , & in redditionibus judiciorum & placitorum eorundem intervenisse praetendantur in parliamentis in eadem terra corrigi neqeunt , nec alias justicia inde fieri sine remedio in anglia querendo ; propter quod , quidam propter labores & expensas circa praemissa oppositas ad maximam miseriam & inopiam deducuntur , & quidam omnino exhaeredati existunt ; unde iidem fideles nostri nobis cum instancia supplicarunt , ut super praemissis remedium congruum apponi faciamus . et quia videtur nobis & consilio nostro durum esse et grave , quod conquaerentes super assecutione justiciae de iniutiis sibi illatis in partibus praedictis , taliter absque remedio fatigerentur ; per quod pro quictae , et indempnitate populi nostri in terra praedicta sub nostro regimine existentis , cui in exhibitione iusticiae sumus debitores ; ordinavimus , quod de omnibus terris & tenementis in terra pradicta per justiciarios , escaetores , seu quoscunque alios ministros nostros sub sigillo nostro in manum nostram ●aptis , illis qui pro eisdem terris & tenementis extra manum nostram debito & justo processu coram vobis prosequi voluerint , super hoc plena justicia secundum legem et consuetudinem terrae nostrae angliae , of dictae terrae nostrae hiberniae fiat , quibuscunque mandatis nostris * sub magno vel privato sigillo nostro angliae , vobis aut aliis ministris in terra praedicta ante haec tempora directis , non obstantibus . et quod ad prosecutionem omnium & singulorum qui conqueri voluerint errores in recordis vel processibus coram aliquibus justiciariis seu aliis ministris praedictis intervenisse . rotuli eorundem recordorum & processuum in parliamentis nostris in eadem terra tenendis , per justiciarios seu ministros , coram quibus recorda & processus illa fuerint , deferantur , et ibidem eadem recorda et processus diligenter recitentur et examinentur , et errores si quos in eisdem inveniri contigerit , debite corrigantur . et ideo vobis mandamus , quod ordinationem praedictam in terra nostra praedicta teneri , & partibus conquaerentibus plenam & celeram justiciam fieri faciatis in forma predicta , quibuscunque mandatis vobis aut aliis in terra praedicta ante haec temporae in contrarium directis , nonobstantibus . ita quod aliquis materiam non habeat nobis pro defectis justiciae , super casibus praedictis , de caetero conquaerendi . teste rege apud westm. 30 die augusti . per ipsum regem et consilium if then the king and his counsel in england might thus by this their ordinance made in england , without a parliament , redress these grievances and faylers of justice in cases only of private concernment in ireland it self , formerly examinable and remediable only in england , for the ease and benefit of the loyal subjects ( not of irish enemies , and rebels ) there ; much more may the king and parliament of england for the preservation of the kings crown , interest , and of the lives , inheritances of all his loyal subjects there , and securing the peace of ireland , enact and ordain , that all irish rebels , traytors , committing , high treason , and taking up arms against the king , and destroying his liege people there ( especially in times of universal rebellions and insurrections ) shall be sent over thence , and tryed for the same in england , by a sworn jury of lawfull indifferent englishmen in the kings bench , be they commons or peers of ireland , without any injury or injustice . thus submitting this argument to the candid censure , and friendly embracement of every judicious reader , and craving a share in his prayers for gods gracious blessing both on me and it , i leave it to the readers immediate perusal without further prologue . from my study in lincolns-inne june 19. 1658. on which day of the month 1637. i was taken * pro confesso by the star-chamber lords upon a pretended contempt , in refusing to answer ; when as themselves refused to give me leave to plead , or answer , and rejected the answers tendred in court under my own and my councels hand , to the information there exhibited , against all rules of law , iustice , and of that very court . william pryn. the argvment of william prynne of lincolns-inne , esq hill. 20 car. banc. regis . in the case of the lord cannor magwire baron of ineskellin in ireland ( the chief contriver of the late irish rebellion and massacre of the protestant english ) against whom he was assigned councell by both houses of parliament . connor magwire , by the name of connor magwire of london esquire , was in michaelmas tearm last , indicted in this court for several high treasons committed by himself , together with hugh mac-mahon and divers other conspiratours and false traytors against our lord the king within the realm of ireland in partibus transmarinis , on the 23 day of october 17 caroli , upon his arraignment at this bar , after not guilty pleaded , being demanded , how he would be tryed ? he put in this special plea , as to the particular manner of his tryall only , under his councels hand . that by the statute of mag. charta , it is enacted , that no freeman ought to be imprisoned &c. nor will we passe upon him , but by the lawful iudgement of his peers , or by the law of the land . that after this in a parliament held at droghedah in the kingdome of ireland in the 10th . year of king henry 7th . it was enacted : that all statutes late made within the realm of england concerning or belonging to the common an a publique weal of the same , from thenceforth should be deemed good , and effectual in law : and over that , be accepted , used and executed within the land of ireland in all points , at all times requisite , according to the tenor and affect of the same . and that by authority aforesaid they and every of them be authorized , approved , and confirmed in the said land of ireland : that before the time of the supposed treasons , king charles by his letters patents under the great seal of ireland , bearing date the last day of august , in the 4th . year of his raign at dublin in ireland , did create brian magwire , father of the said connor magwire , baron of iniskellin in the county of farmanagh in the said realm ; and granted to him and the hei●●males of his body , the title , honor and dignity of the said barony , and to have a place and voice among the peers and nobles of ireland in the parliaments of that realm ; by virtue whereof the said brian was seised in his demesn as of fee tayl of the said barony , and dyed seised thereof at dublin 1 feb. 12 caroli . before the supposed treasons : after whose death , the said barony discended to him as heir in tail : that by virtue of these letters patents , before the said supposed treasons committed , he was one of the barons , lords , and peers of parliament in the realm of ireland ; and at the parliament begun and held there the 16th . day of march . 16 car. at dublin , and continued untill the 17th . of august then next following , and then adjourned till the 9th . of november next ensuing , and thence proroged to the 24 of february next following , and from thence continued till the 24 of iune car. he was present as one of the peers of the realm of ireland . and further saith , that on the 23 of october 17 car. he was taken and arrested by certain persons to him unknown at dublin in ireland , and there committed to safe custody for the treasons pretended to be committed by him , till afterwards he was on the 12 of iune 18 car. by certain persons to him unknown , brought in safe custody , against his will , to westminster within the realm of england , and then and there committed to the tower of london , where he is yet detained . and therefore prayeth , that he may be tryed and judged by his peers of the realm of ireland for the supposed treasons in the indictment . to this plea of his , mr. aske the kings attorney in this court hath demurred in law , and the prisoner hath joyned in demurrer : and whether this plea of the prisoner as to his tryall by his peers of the realm of ireland , be good in law ? is the sole question to be now argued . this case is of very great concernment , and yet of greater expectation : it concerns the whole peerage of ireland in some respects , on the one hand ; and on the other , the iustice both of the king , parliament and kingdome of england , in bringing a desperate rebell and arch-traytor to condigne punishment , for the most horrid , bloody treason against the kings royal crown and authority , the protestant religion , and the whole english nation inhabiting ireland ( devoted to destruction by this traytor and his confederates ) that ever was plotted or executed under the sun . the eyes of all our 3 kingdomes highly concerned in and deeply suffering by this treason ) but more especially the eyes and hearts of our adjoyning vigilant parliame●t ( which hath specially recommended it to this court and assigned my self among others , counsel in this case ) are intentively fixed upon the final result and issue of it . i wish my vacancy to study and abilitie to argue this publique cause , had been such as might have satisfied expectation , and discharged the trust reposed in me ; but other publique services having much interrupted me therein , i shall begin to argue it for the present with the best skill i may , and so leave it to those learned gentlemen of the law ( if there shall be need of any further arguments ) who are provided to argue after me , to supply what is defective in this my proemiall argument . all matters of fact and form arising in this plea , have been already admitted true , and sufficiently pleaded in law by mutual consent , and nothing but the meer matter in law rests now to be debated , which i conceive to be but one short single point . for though the prisoner pleads , that there was a parliament , of which he was a peer and member , continuing in ireland by prorogation at the time of his apprehension and sending over into england ; yet this privilege of parliament , comes no wayes in question as to the point of his triall , now only in issue ( as hath been falsly suggested to the lords house and intimated in an ordinance of theirs since revoked , ) but relates only to his first apprehension , which is not here in controversie ' besides , he pleads not , that this parliament is yet continuing and actually sitting in ireland , of which he ought to have * the privilege ; but that it was continued till the 24 of iune 17 car. which is 3 years since , and so intended to be long since ended : nor pleads he , that he ought to be , or to have been tryed for this treason in the parliament of ireland , nor that his privilege of parliament ought to extend to secure him from any apprehension or indictment for high treasou , ( when the treason is visible and reall , as his is , and not imaginary only , in which case of treason no privilege of parliament is to be admitted , as hath been resolved 8 h. 6. rot . parl. n. 57. 31 h. 6. rot . parl. n. 25 , 26 , 27. cooks 4. instit. fo. 25. so as the matter of his privilege of parliament , is quite out of dores , and the sole point in issue is but this . whether a peer of ireland committing high treason in ireland , for which he is there apprehended , and afterwards by order of parliament here , brought thence into england against his will , may be endicted and tryed for that treason in this court of kings bench , by a jury of middlesex only ; not by his peers of ireland ; by virtue of the statute of 35 hen. 8. chap. 2. ? and under favour , i conceive in some clearness affinmatively , that he ma● and shall be tryed here by an ordinary iury of middlesex , and outed of his peerage , by virtue of this act . the question arising meerly upon the act it self , which is very short , i shall first recite it , and then draw my arguments , out of the very intention , words and bowells of it . forasmuch as some doubts , and questions have been moved , that certain kinds of treasons done , perpetrated or committed out of the kings majesties realm of england and other his graces dominions , cannot , ne may by the common laws of this realm be enquired of , heard and determined within this his said realm of england ; for a plain remedy , order , and declaration therein to be had and made ; be it enacted by authority of this present parliament , that all manner of offences being already made or declared , or hereafter to be made or declared by any the laws and statutes of this realm , to be treasons , misprisions of treasons , or concealments of treasons , and done , perpetrated or committed by any person , or persons out of this realm of england ; shall be from henceforth , inquired of , heard and determined before the kings iustices of his bench , for pleas to be holden before himself ; by good and lawfull men of the same shire where the said bench shall sit and be kept : or else before such commissioners , and in such shire of the realm , as shall be assigned by the kings majesties commission , and by good and lawfull men of the same shire , in such manner and form , to all intents and purposes , as if such treasons , or concealments of treasons , had been done , perpetrated and committed within the same shire where they shall be so inquired of , heard and determined as is aforesaid . provided alwayes , that if any the peers of this realm shall happen to be endicted of any such treasons or other offences aforesaid , by authority of this act , that then after such indictment they shall have their tryall by their peers , in such like manner as hath been heretofore accustomed . from this act i shall deduce several arguments and conclusions to prove , that the prisoner at the bar , though a peer of ireland , shall be tryed by an ordinary iury of middlesex , here , not by his peers in , or of ireland , for the treasons committed in ireland , whereof he stands here indicted . for my more methodical proceeding , i shall divide the single point in controversie into these 3 subordinate questions . 1. whether this s●atute extends to treasons committed in ireland , by irish commoners ? 2ly . whether it reacheth to treasons in ireland perpetrated by irish peers , as well as by irish commons ? 3ly . admit it extends to irish peers as well as commoners , whether it doth not then inevitably out them of their tryalls by irish peers , and subject both of them alike to a tryal at this bar , by a middlesex iury ? for the first , whether this act extends to treasons committed in ireland by irish-commoners ? there is but little doubt of it . for first , it is as clear as the sun at noon-day , that this act extends to all treasons done or perpetracted in ireland by irish-commoners ; for the main scope and intent of this law being , to make all manner of offences then made or declared , or hereafter to be made or declared to be treasons , misprisions of treasons , or concealments of treasons , by any laws or statutes of this realm , done perpetracted or committed by any person or persons out of england , inquirable or tryable within this realm , without any scruple or difficulty , either in this court , or before such commissioners in such shire of this realm , as the king by his commission shall assign ( the very sum and substance of this act , as the express letter thereof resolves , ) the realm of ireland , being out of this realm of england , and no part thereof , and treasons therein committed by commoner , being treasons done and perpetrated out of this realm of england ; ( as is clear by 20 h. 6. f. 8. a. b. ●9 h. 6. 53. b. 32 h. 6. 25. b. 2 r. 3. f. 12. 1 h. 7. f. 3. plowden , 368. b. dyer , f. 360. b. cook 7. report . f. 22 , 23. calvins case , ●h . 5. c. 8. 4 h. 5. c. 8. 4 h. 5. c. 6 , cooks 3 instit. p. 1● . 18. ) these treasons must certainly and most necessarily be both within the intent and words of this law ; and so consequently tryable in this court by an ordinary jury of middlesex , without any scruple or difficulty . the rather because ireland , though out of this realm of england , is vet part of the kings dominions , and a subordinate kingdom , united and annexed to the crown of england , governed by the laws of england , and bound by acts of parliament made in england in many cases , as is resolved and undeniably evidenced by pat. 6. iohan. in . 6. n. 17. rot. pat. 8 johan . m. 1. claus. 12. h. 3. m. 8 , pat. 30 h. 3. m. 3. 14 h. 3. the statute of ireland . pat. 5 e. 3. pars 1. m. 25. 11 e. 3. c. 2 , 3 , 4 , 5. 27 e. 3. c. 3 , 18. 13 e. 1. stat. de m●rcat . 1 h. 5. c. 8. 4 h. 5. c. 6. 1 h. 6. c. 3. 3 h. 7. c. 8. 1 h. 8. c. 5. ●32 h. 8. c. 4. 35 h. 8. c. 2. 32 h. 6. statutes of ireland , c. 1. 8 e. 4. in ireland , c. 1. 10 h. 7. in ireland , c. 4 , 5. 22. 7 h. 8. in ireland , c. 1. 28 h. 8. in ireland , c. 2 , 3 , 5 , 6 , 7 , 8 , 13 , 15. 18 , 19. 33 h. 8. in ireland , c. 1. 1 h. 7. f. 3. kelway , f. 202. b. cooks 7 rep. of 22 , 23. calvins case . 1 in●tit . f. 141. b. 4 instit. f. 349 , 350 , &c. 3 instit. p. 18 , mr. saint johns argument at law at straffords attainder , p. 53. to 64. and therefore treasons there committed are more apt and proper to be tryed here within the letter and intention of this law , then treasons done in france , spain , or any parts else out of the kings dominions , where our laws and acts of parliament are not obligatory . 2. this statute ( as i conceive ) was principally made to punish treasons , misprisions of treasons , and concealments of treasons in ireland , where they were more frequently done and perpetrated , than in any or all parts of the world out of this realm of england , as our histories and the * irish-statutes record : and the ●orid general treason , insurrection and rebellion in ireland ( much like this for which the prisonner is indicted ) mentioned in the statute of ireland , 28 h. 8. c. 1. but 7 years before this act , with other frequent treasons and rebellions there , were no doubt the chiefest ground of making this new law . and that which puts it out of all dispute is the statute of 28 h. 8. made in the parliament at dublin in ireland , c. 7. which reciting the statute of 26 h. 8. c. 13. made in england concerning treasons , and enacting , ( as this of 35 h. 8. ) that if any of the kings subjects , denizens , or others do commit or practise out of the limits of this realm ( of england ) in any outward parts , any such offences which by this act are made , or heretofore have been made treason , that then such treason , whatsoever it be , that shall so happen to be done or commitshall be inquired and present●d by the oaths of 12 good & lawfull men , upon good and probable evidence and witness , in such shire and county of this realm , before such persons ●● it shall please the kings highness to appoint by commission under his great seal , in like manner and form as treasons committed within this realm have been used to be inquired of and presented , & that then upon every indictment and presentment founden and made of any such treasons , and certified into the kings bench , like process and other circumstance shall be there had and sued against such offendors , as if the same treasons so presented had been lawfully found to be done and committed within the limits of this realm , &c. addes this memorable clause thereto , considering then this statute made in the realm of england , is most beneficial and expedient to have due execution within the kings land and dominion of ireland , especially in respect of the high rebellion here lately committed , that the odible infamy against the king and queen in the same act expressed , and other offences , abuses , and abominations there mentioned , principally have been promulged , pronounced , done and attempted within this said land , be it therefore established , ordained and enacted by authority of this present parliament , that the aforesaid statute and ordinance , and every thing and things therein con●ained , be established , confirmed , acce●ted , deemed , iudged and taken for a good and right law within the kings land and dominion of ireland , and to be as good , effectual , and of the same strength and quality , effect , force and vertue to all intents and purposes within the said land , as the same is or ought to be in the realm of england ; and that the said statute and act made in england , and every thing therein contained , shall have relation , and take effect within this land of ireland against all offendors contrary to the form thereof , &c. now that act of 26 h. 8. c. 13. with this of 35 h. 8. c. 2. being principally made and intended for the treasons done and committed in ireland , as this irish-parliament resolves in terminis , and being most beneficial and expedient for that realm ; it wou'd be very illegal , yea irrational , absurd , impolitick , and improvident to exclude ireland out of this law , where treasons were most frequent , most dangerous to out kings and realm , and to extend it only to other places out of the realm , where treasons were seldome done or perpetrated , and nothing so perilous to the king and realm of england , as treason● , rebellions in ireland have usually been in former and later ages . 3ly . it hath been adjudged by all the judges of england both in * orourks case , 33 eliz. and in sir john parrets case 24 el. cited in calvins case , cooks 7 report . f. 23 a. in his 1 institutes on littleton , f. 26. b. 3 institut . p. 11 , 24. and so was it agreed without any argument in hugh mac● mahones case this last michaelmas term ( the p●l●o●e●● confederate in this horrid treason ) that treason committed in ireland it self by an irish commoner , is tryable in this court by this very statute , contrary to the sub●tane extrajudicial opinion of dyer , m. 19 , & 20 ell● . fol. 360. ) resolved since to be no law ; seing then it hath been thus frequently resolved heretofore , and in case of the treasons now in question this very last term without any scruple ; that an irish-commoner committing treason in ireland , and brought over from thence hither against his will , is tryable in this court by a middlesex jury ; there is no doubt at all of the first question , but that this statute extends to treasons committed in ireland by irish commoners , and the doubt ( if there be any ) will rest meerly in the second point , which i am already arrived at . namely , whether this act extends to treasons perpetrated in ireland by irish-peers , as well as by irish commoners ? and under correction , i conceive with much clearness that it doth for the s●●●suing reasons . 1. from the generallity and universality of the act it self , wherein i shall observe a four-fold universality , which supplies me with four undenyable arguments , to prove irish peers , within this law , as well as irish commoners . the first , is a universality of the kinds of offences specified in the act , in these general terms ; all manner of offences being already mad : or declared , or here after to be made or declared by any the laws or statutes of this realm , to be treasons , misprisiion of treasons , or concealment of treasons , done or perpetrated out of this realm of england , shall be enquired of by the kings iustices of his bench &c. now these general words all manner of offences , &c. must necessarily extend to all manner of treasons perpetrated or committed out of this realm by peers as well ar commoners ; to the treasons of the lord magwire , as well as to the treasons of mac mahone esq , they being the selfsame treasons in substance , and a manner of treasons specially made and declared by the laws of this realm , since there are no restrictive words to confine these general clauses of treasons only to commoners , and no expresse exception for the offences or treasons of irish peers to be found within the statute ; else there would be a repugnance and contradiction between the text and the glo●●e , and this general should be turned into a specifical in respect of the traitors offending . therefore this general clause extending to all treasons whatsoever done or perpetrated out of the realm , must necessarily extend to the treasons of all irish peers as well as commons , and so both of them by the words and intention of this law shall be triable in this court . the second is , a universality of time . all manner of offences already made or declared , or hereafter to be made or declared treason &c. done perpetrated or committed , or hereafter to be done , perpetrated or committed , shall be enquired of by the kings iustices of the bench , &c. which extends to all former treasons done out of the realm at any time before the making , and to all future treasons since the passing of this act : now this universality of time extends as well to the treasons of irish peers as commoners , to the treasons of baron magwire as well as of mr. mac-mahone , both being alike treasons committed after this act . the 3d. is . a * universality of place , all manner of treasons done , perpetrated or committed out of this realm of england : that is , in any place whatsoever out of the realm of england , be it in ireland , scotland , france , spain , germane , italie , barbary , turkie , the east or west indies , as was resolved in dr. stories case , hil. 13 eliz. dier 298 b. ● & 3. phil. & mar. dier 131 , 132. now this extends generally to all forein treasons committed by peers as well as commons , and so to the treason of the prisoner at the bar , it being done in ireland , out of this realm of england , and so fully within the act . the 4th . ( which is fatal and unanswerable ) is a universality of persons , coupled together with all the 3 former generalities in these expresse words . all manner of offences made treason &c. done , perpetrated or committed by any person or persons out of this realm of england ; shall be from henceforth inquired of , heard and determ●●e● before the kings iustices of his bench , &c. now any person or persons , being a universal expression , equivalent to all manner of persons whatsoever , collectively : or , to all and euery person whatsoever , distributively , extends to irish peers as well as commoners , yea to all subjects of all ranks whatsoever , within the compasse of this law in regard of the manner of tryal , but such only who are excepted out of it by special proviso . now irish peers are none of those persons excepted , as i shall prove anon . that these words any person or persons , extend to peers as well as commoners , where there is no exception of peers , is undeniable . first because a peer is a person , though of a higher rank or degree than an ordinary commoner or freeman ; and one kind of person in law ; therefore within these words any person or persons . 2ly . because general laws made for the common good safety of the realm , and punishment of the grand crime of high treason , are like to go himself , * no respectors of persons , but bind and punish all alike . therefore any person or persons in such a publick law as this , made for the common good , safety , and punishment of the greatest treasons , evils , must necessarily include all persons , subjects whatsoever , and except none , especially the greatest , whole examples and offences are commonly most dangerous and pernicious . thirdly in all publick acts whatsoever ; these words any person or persons , extend to peers as well as commoners , and i know no one president to the contrary . to instance in some few acts instead of many ; in the statutes of 26 h. 8. c. 13. & 5 , & 6 e. 6. c. 11. concerning treasons , any person or persons ; or any of the kings subjects , denizen , or others , that shall commit or practise treason out of the limits of this realm , in any outward parts ; extend to peers as well as commons . therefore in this act of the same nature . so in the statutes of 1 ed. 6. c. 1. 2 & 3 e. 6. c. 1. 5 & 6 e. 6. c. 1. & 1 eliz. c. 2. if any person or persons shall deprave or revile the most blessed sacraments , or the book of the common prayer , &c. in the statute of 1 eliz. cap. 1. and also of 5 eliz. cap. 1. if any person or persons , &c. shall extoll , &c. the power of the bishop of rome , or of his see , 13 eliz. c. 1. if any person or persons shall bring in , or put in ure any bull from the bishop of rome , agnus dei , pictures , crosses , &c. in the statute of 23 eliz. c. 2. if any person or persons shall with a malicious intent speak any false or seditious news of the queen , &c. in 27 eliz. c. 2. if any person or persons shall barbour or contribute any mony to the maintenance of any jesuites , priests &c. in all these acts ( to pretermit * many others ) the words any person or persons , extend to peers as well as commons , as is resolved in the bodies and provisoes of all these acts : yea , in the statute of 25 e. 3. c. 2. of treasons ( though a most penal law ) the words are only ; if a man do compass or imagine the deach of the king ; if a man do levy war against the king in his realm , &c. if a man counterfeit the kings broad or privy-seal , or his mony , &c. yet it hath been resolved without dispute in all times , and so agreed by sir edward cook , institutes 3. p. 4 , 5. that this word a man , extends to both sexes alike , including women as well as men , peers as well as commoners , lords , as well as pesants . yea all ranks , callings , conditions of men who are subjects : and that this word man in the singular number only , extends to many men to any number of men committing any of these treasons joyntly , as well as to a single man or traytor , because it is a general law , made for the safety of the kings person , and the realm . much more then must any person or persons , in this statute , being both in the singular and plural number , and in common acceptation a far more universal , general , and comprehensive expression than this of a man , in 25 e. 3. c. 2. extend equally to all sorts , sects , and degrees of men , as well as it , and so to peers as much as it , and to peers as well as to commons , as it doth in the statutes of 25 h. 8. c. 22. 26 h. 8. c. 13. 27 h. 8. c. 2. 33 h. 8. c. 12. & 20. 5 e. 6. c. 11. 1 mar. c. 6. 1. & 2 phil. & mar. c. 9 , to , 11. 5 eliz. c. 1. 13 eliz. c. 2. 18 eliz. c. 1. 23 eliz. c. 1. 27 eliz. c. 2. 3 jac. c. 4 , concerning treasons . 2ly . my second argument to prove irish peers within this statute , is , because irish-commons are within its verge even for treasons committed in ireland , as hath been adjudged in the forecited cases of orourk , sir john parrot , and mac-mahone : for laws and law givers being no respectors of persons , where the offences be the same , and there being no one clause , word , or syllable in this statute extending to irish-commoners treasons , but which doth , may and ought by the self same justice , reason , equity to extend to the treasons of irish-peers , ( this statute making no distinction between the one and other , and the commons of ireland having as absolute a right and inheritance in their native privilege of being tryed by their peers in ireland , ( which yet is taken away by this act in case of treason ) as the peers in ireland have in their peerage to be tryed there by their irish-peers : ) we must not , yea we cannot in point of justice distinguish between the one and other , where the law it self makes no distinction : therefore since the irish commoner is undoubtedly within the words and scope of this act to be tryed at this bar by a middlesex-jury , the irish-peer ( unless we will judge with respect of persons , and coyn a distinction not warranted by this act ) must be also tryed in the self-same manner . the law is the same , the crime is the same , both in magwires and in mac-mahones cases , therefore the tryal and judgement too must in law , reason be the same in both . 3ly . it will be granted me without dispute , that if an irish-peer commit treason in any forein parts out of england and ireland , as in spain , france , flanders , italy , or germany , he shall be tryed in this court by an ordinary jury if free-holders , and not by his peers in ireland , by vertue of this act. nay , if he commit treason in ireland , and flye into england ; he may and shall be tryed for that very treason by an ordinary jury at this bar , * because by flying his country , and a legal tryal there , he hath outed himself of the benefit of his peers . therefore it extends to irish-peers , even for treasons done in ireland , else they could not be tryable here in any of these cases , which are granted on all hands to be law . 4ly . it is evident by the proviso in this act , that english peers committing any manner of treasons out of this realm , are tryable for it in england by vertue of this law , as well as english commons , though they were not so by the common-law . therefore irish peers committing treason , shall be within it likewise , & so tryable here as well as irish commons , else they should be in far better condition than english or scotish peers , and quite exempted out of this act. now the same words that bring english-peers within this law , must of necessity hook in irish-peers too , there being no clause which exempts or includes the one more than the other . 5ly . the very letter , intent , and scope of this act ( as appears by the body of it , and likewise by the statutes of 26 h. 8. c. 13. & 5 , & 6 e. 6. c. 11. to the same effect ) was , to make all treasons done or commiteed out of england by any person or persons whatsoever , tryable in england , either before the justices in this court , or * before special commissioners in some other counties ; but to be still tryable within this realm , as the words ( all manner of treasons hereafter to be done , perpetrated , or committed by any person or persons out of the realm of england , shall be from henceforth enquired of , head , and determined before the kings justices of his bench &c. ) clearly resolve in direct terms : therefore to make the treasons of irish-peers committed in ireland or elsewhere tryable here in england , as well as the treasons of english-peers , or irish-commoners . and to send them back into ireland to be there tryed by their peers , when once they are here in prison , and indicted in this court , by exempting them out of this act , contrary to the very letter and intent of the law , is to run point-blank against the very words and meaning of this law and the law-makers : therefore he must by this act be tryed at this bar , and that by an ordinary jury only , as i shall prove anon . 6ly . the very scope and sole purport of this act is not to make new treasons or traytors , which were none before , but to bring real traytors only for treasons formerly made , or hereafter to be made and declared treasons by the laws and statutes of this realm , to exemplary punishment in this kingdome , for the peace and preservation of the king , realm , and the better execution of justice ( the very life of laws ) upon delinquents only of the highest rank , for the most transcendent crimes of high treasons , of misprision , or concealments of treasons , not for felonies , or petit treasons : which consideration must necessarily induce us , for the common good , to give it the largest , fullest , and most equitable constraction that may be . thus the judges in former times have always interpreted it , as appears by dyer , f. 132 , 298. cookes 7. rep. calvins case , f. 23. a. his first institut . on littleton , f. 26. his 3 instit. p. 24. and in orourkes case ; wherein the judges resolved . 1. that the statute of 1 mar. sess. 1. repealing all former treasons , but those within 25 e. 3. and of 1 & 2 phil. and mar. c. 10. enacting , that all tryals hereafter to be had for any treason , shall be had and used only according to the due course of the common-law of this realm , and not otherwise : exend not to the taking way of forem treasons or their tryals by this law ; and in orourks case , they extended it by equity , beyond , and in some sort against the letter of the law it self ; for he standing mute , and refusing his tryal , was thereupon condemned and executed for a treason committed by him in ireland , though the words of the statute are , the treason shall be enquired of , heard and determined before the justices of the kings bench by good and lawfull men of the same shire , where the said bench shall sit ; and the act speaks nothing at all of standing mute . but this being a publique law for the common good , to bring traytors only to their tryal and just punishment , his refusal to put himself upon his tryal , was adjudged to be a determination and conviction of his treasons within the act , else any traytor by standing mute might evade and frustrate this good law . if then this statute may thus be construed by equity and dilated beyond the words to one who stands mute , for a treason done in ireland : much more may it be extended to a treason by an irish-peer , who is fully within the words and intent of it , as i have already manifested : and it would be a most pernicious gloss which should either elude or nullifie this beneficial publique law . 7ly . it is clearly resolved in and by our parliaments , 13 e. 1. proem. 13 e. 1. of statute merchants , 21 e. 3. rot . parl. n. 67. in the statute of 5 h. 5. ch. 6. & in divers of our * law-books , that acts of parliaments made in england , wherein ireland is either specially named or generally and necessarily included , do bind those in ireland both commoners or peers alike . this therefore being such a law , extending and binding those in ireland as hath been resolved in the forecited cases , it must certainly bind both the peers and commons of ireland to a tryal at this bar for treasons done in ireland , when the king and kingdom deem it necessary or expedient to try them here in england . 8ly . the proviso in this act for tryal of treasons done out of this realm , by peers within the same , extends only in positive terms to peers of this realm of england , because they only are peers within england , and so only tryable by their peers , for forein treasons within the same , not to peers of ireland who are no peers at all , nor tryable by their peers within this realm of england , therefore this proviso extending only to peers of this realm , excludes all other forein peers whether irish or scots , from any tryal by their peer● in england for treasons acted out of it . 9ly . there is very great reason why natural irish peers and barons should be within the compass of this law as well as commoners , and rather they than any other forein peers , because as our * historians , the irish annals , statutes and our records do testifie , ever since their conquest by k. henry the 2d . and submission to the kings of england , they have frequently ( almost every year ) in most kings reigns broken footh into private , petit , or general rebellions and insurrections against the english ( as i could instance in sundry particulars ) in which rebellions i commonly find a magwire , a mao-mahon , and oneal , in the van , as ring-leaders of all the rest , as they were in this last rebellion , wherein most of the native irish peers and greatest septs have been deeply engaged as principal conspiratours . among other rebellions i find in story , and ( which is more authentick ) in the express statute made in the parliament at dublin in ireland , anno 28 h. 8. c. 1. ( but 7 years before this law ; ) that gerald fitz gerald earl of kyldare , the earl of desmond , with divers other of the irish peers and gentry conspiring together , to extirpate the english , and deprive the king of his soveraignty in ireland , did send to the french king , the emperour and bishop of rome , for ayd and assistance for taking the same land out of the kings and english possessions ; and thereupon with banners displayed and great forces traytorously invaded the kings dominions there , besieged the city and castle of dublin , murdered the kings good subjects , who withstood them , and resisted the kings forces sent from hence , &c. for which they were all by this act attainted of high treafon . the like general rebellions have there broke forth sundry times both before and since that act ; but none so generally , dangerously , bloodily , as this for which the prisoner at the bar stands endicted . the treasons therefore in ireland being commonly so frequent , so general , ( wherein most of the native irish-peers , and some of the english extraction too ) were usually chief actors ; there was very great reason , policie and justice too , why such a law as this should be made , to reach to ireland , and why in such cases as these , ( rebellions there being so universal , and most of the irish nobility , conspiratours , and parties in them ) that these peers and the chiefest conspiratours when surprized , should be presently sent over from thence into england and tryed there for their treasons . 1. to secure their persons from escapes and rescues , which might be there more easily procured , especially when and where the irish rebells are masters of the field , as the statute of 17 h. 7. in ireland . c. 14. resolves . 2ly . to avoid a * fayler of justice there , when by reason of the many irish peers there out in actual rebellion , or by means of alliance of most other peers to them , or of the flight of other thence , or the employment of them in service , or places of trust , or by reason of the interposition of the rebels forces between them and the place of their tryal chere , a competent number of indifferent irish peers for a speedy tryal cannot be assembled with safety or conveniency in ireland to try a rebellious traytor by his peers there ; which obvious defects are all supplyed by this act . 3ly . to prevent all partiality and injustice in such cases , which might happen in tryals by peers in ireland either by consanguinity or alliance of the peer to be tryed , to the irish peers who are to try him , or by confederacy of the tryers in the same treason with the party tryed ; or through fear of mischief or revenge upon the tryers , jury , witnesses , judges , by the tryed rebels friends , kindred and confederates , in case he should be condemned by them and executed ( none being so vindictive and bloody in this kind as the irish ) upon all which weighty reasons , there was special cause , why both in justice , policy , and prudence , all irish peers , who by publick rebellion commit high treason in ireland , should be sent over and tryed here by ordinarie juries , to prevent the forenamed mischiefs and fayler of justice , and bring them to condign punishment . now in this case here in judgement at the bar , all these recited reasons hold . for first , most of the irish peers were in actual rebellion when the prisoner was sent over : most of the english and protestant irish peets there , eimurthered or forced to flye thence , or so dispersed and imployed , that they could not assemble a competent number of indifferent peers to any place with conveniency to try him in ireland . 2ly . the enemies and irish rebels were then masters of the field in most places , the prisoner in danger to be rescued by force from them , or by treachery likely for to escape out of their hands ; and the times so troublesome , as would admit no leasure for such a tryal . 3ly . most of the irish were-allyed to magwire , or ingaged with him in the self-same treason and rebellion ; and so neither in law , justice , or prudence fit or indifferent persons to pass upon his tryal in this case of most publick concernment . 4ly . the judges , witnesses and peers that should try him there , would have been in extreme perill of their lives , and of exemplary publick revenges from their confederate-rebels , who threatned revenge , as appears by mac-mahons speech ( magwires confederate ) to the justices upon his ●irst examination : i am now ( said he ) in your hands , and you may do with me what you please : but i am sure within few daies i shall be revenged : and by like words of revenge used by owen oneile in flanders so soon as he heard magwire was apprehended . 5ly . if he should now be sent back from hence into ireland to be tryed , the rebels and his party are there so predominant , that scarce any witnesses , nor peers , nor judges either would or durst there to appear openlie against him ; or else such means would be made to delay or delude his tryal and execution , that by some device or other , there would questionless be a fayler of justice against him . therefore for all these weighty reasons , he may and ought by all rules of policy , equity , and justice to be arraigned and tryed only at this bar by vertue of this act , which so clearly extends unto him ; that so the blood of * above one hundred and fifty thousand innocent protestants shed in ireland in less than four months space by means of this rebellion , which cryes loud to heaven and earth for revenge against this great contriver and arch-promo of it , may not go un-revenged in a way of publick justice to our eternal infamie . i have quite done with the second and main question , and proved an irish peer to be within the statute , as well as an irish commoner . i shall now proceed to the last point , arising from the manner of this plea , that he may be tryed by his peers , not expressing , where or how , and intimating that he would be so tryed here in england . it is briefly this . admitting an irish peer to be tryable in england for a treason committed by him in ireland , whether this doth not inevitably out him of his tryal by irish peers , and subj●ct him him to a tryal at this bar by an ordinary jury , as well as an irish commoner ? and i conceive without any scruple , affirmatively ; that it doth , for these undenyable reasons . 1. because irish peers , are peers only in ireland , not in england , and cease to be such in judgement of law so soon as ever they arive in england , both personally in themselves and relatively to others , being here in judgement but mere esquires , not lords , and are to be sued as such , not as lords or peers , even as peers of scoland , france , or spain are , as is resolved and adjudged 11 e. 3. fitzh. brief 473. 8 r. 2. process , fitzh. 224. 20 e. 4. 6. brook , nosme de dignity , 49 m. 19 & 20 eliz. dyer 360. b. cooks 7 rep. f. 15 , 16. calvins case , co. 9 rep. f. 117. the lord sanchers case in point , and cooks 3 instit. p. 30. the prisoner then being no peer in england , it is impossible that he should be tryed in england by his peers . 2ly . because no such way of tryal was ever yet heard of in any age , of any irish or other forein peer , tryed here in england , either by english peers , or by his irish or forein peers ; therfore such a trial shall not nor can be had or admitted now , 3ly . because neither the kings bench , nor the commissioners before whom the statute limits these forein treasons to be tryed , nor yet the high steward of england , ( if any such should be created ) have any power or jurisdiction to summon a jury of peers out of ireland to appear before them here in england upon such a tryal as this ; neither are the peers of ireland bound by any law to appear or attend as peers on any such service or tryal here , being peers , & bound to service as peers ( which their patents express ) only in ireland , and no peers here . therefore a tryal by his irish peers here in england is an impossibility , as well as illegality . 4ly . admit a jury of peers might be summoned and sent from thence , yet it would be a great delay of justice , it requiring a long time to procure a full appearance of peers thence : yea , a betraying of ireland to the rebels at this instant , to send for so many protestant indifferent peers now from thence as might serve to try him here . moreover , it would be an infinite expence , charge , trouble , besides the danger by sea , to summon a jury of peers from thence ; and if they failed to appear in england upon summons , as is probable they would , and lawfully might they being not bound to it by any law and so no fine certain to be set upon them for not appearing , nor legal means of coercion to compell them to come over upon such a tryal , there should be a fayler of justice for want of such a peerage ; and therefore no such tryal may or can be expected , which would delude and nul this law . 5ly . this statute directs the tryal of forein treasons in express terms , to be before the judges in the kings bench , or the commissioners appointed by the king in any county of this realm . now no tryal by english or irish peers was ever heatd of either in the kings bench , or before such commissioners , but it alwaies hath been , and ought to be either in the house of peers in parliament ; or before the lord high steward of england , as all former presidents accord , and 15 , e. 3. c. 2. 1 h. 4. 1. 10 e. 4. 6. b. 13 h ▪ 8. 12. brook treason , 29 , 33. cooks 3 institutes , c. 1. & . 2. p. 28 , 29 , 30. 4 e. 3. rot . parl. n. 1. 50 e. 3. rot . parl. n. 21 to 31. 34. 7 r. 2. n. 15. to 24. 10 r. 2. n. 6. to 18. 11 , n. 2. n. 6 , 7. 14 r. 2. n. 14. 21 r. 2. n. 12 to 17. & placita coronae coram dom . rege in parl. n. 1. to 20. 1 h. 4. plac. coronae in parl. n. 1. to 11. walsingham hist. ang. p. 402. 2 h. 4. n. 30. 31. 5 h. 4. rot . parl. n. 12. resolve . therefore no tryal can be in this case by peers either in this court , or before commissioners , by vertue of this act or any other law . 6ly . this statute is introductive of a new way of trying forein treasons , done out of this realm by a jury within england , which by the rules of the common law could neither inquire nor take notice of any treasons or matters committed , perpetrated , or acted beyond the seas , as is evident by the prologue of this act , the statutes of 26 h. 8. c. 13. 5 e. 6. c. 11. m. 2 & 3 e. 1. coram rege rot. 56. hereford . m. 2 e. 2. fitzh. obligation 15. & utlagary 18. tr. 8 e. 2. fitzh. testament 6. 6 e. 3. f. 17. 18. 27 ass . 43. 41 e. 3. 19. 48 e. 3. 2 , 3. 20 h. 6. 28 , 44. 15 e. 4. 14 , 15. 20 e. 4. perkins , sect. 121. 494. 737. cook 4 instit. c. 17. 1 instit. ● . 74. stamford l. 2. c. 14. cook 2 rep. 49 a. long & pecocks case , 5 rep. f. 107. a. 3 instit. f. 48 , 49. whereupon it altering the common law in this particular , it outs all former doubts , & most punctually prescribes all the particulars and appurtenances belonging to the tryal of them , from which there neither may nor can be any variation by law . first , it appoints the place where they shall be tryed . 1. in general , within this realm of england . 2ly . in particular , either in the kings bench wherever it sits , on in such county as the king by his commissions shall assign . 2ly . the judges before whom the tryal shall be are thus particularly described , the justices of the kings bench , o● such commissioners as the king shall appoint under the great seal . 3ly . the jury-men by whom they shall be t●yed are thus defined in terminis in the act , by good and lawfull men ( not peers or commons of ireland ) of the same shire where the said bench of the king shall sit , if the tryal shall be in the kings bench ; and if before commissioners assigned by the king in any shire of the realm , then by the good and lawfull men of the same shire where the commissioners sit , which is doubled ( ●ike pharohs dreams ) to make it more certain : and likewise precisely enacted by the statutes of 26 h. 8. c. 13. & 5 , & 6 e. 6. c. 11. in pursuance of this act . 4ly . the manner how the tryal , shall be is thus punctually specified . in such manner and form to all intents and purposes as if such treasons , &c. had been done , perpetrated and committed within the same * shire where they shall be so inquired , heard and determined , as is aforesaid ; which last words ( with the very like in the sratutes of 26 h. 8. c. 13. & 5 e. 6. c. 11. extending to our case ) put an end to the point in question ; for if the lord magwire now at the bar had committed the treasons for which he is now endicted in westminster , there is no doubt nor scruple of it , but he should have been tryed by a jury of middlesex notwithstanding his peerage in ireland ; and he could neither have pleaded nor demanded his peerage , as is resolved expresliè in calvins case , c. 7 rep. f. 15 , 16. and in the lord sanchiars case . cooks 9 rep. f. 117. who was tryed condemned by an ordinary jury , for suborning carliel to murther turner with a pi●toll in england , though a peer of scotland , because he was here no peer ; and the forecited books are express , that the same law holds in case of a peer of ireland . since then this law expreslie enacts , that the tryal of all forein treasons shall be by good and lawfull men of the same shire where the kings bench shall sit in such manner and form , to all intents and purposes , as if the same treasons had been committ●● here in middlesex where the kings bench sits . there neither may nor can be any other form of tryal for the prisoner , nor in any other place , nor before any other judges , nor by any other jury , but such as this statute hath punc●…e defi●ed ; and than is by a jurie of middlesex , to all intents and purposes as if the treasons for which the prisoner stands indicted had been plotted and executed in middlesex . therefore to admit him to a tryal by irish peers , and not by good and lawfull men of middlesex ; or to send the prisoner back to ireland there to be tryed by his peers , is to run quite counter and pointblanck against this unanswerable clause of the statute , that he shall be tryed by good and lawfull men of the same shire where the kings bench sits , to all intents and purposes as if the treasons had been there committed . and had they been there committed actuallie , as they are legallie by the express purview of this law , it could never so much as be scrupled and made a quere ; whether he should be tryed by his irish peers here ? or sent over to be tryed in ireland for treasons acted there , after an endictment for them here found against him ? in one word , statutes which prescribe new forms of trial in such a particular way as this act doth , are like letters of attorny , or licenses of alienation , * they must be most strictly pursued , and not varied from in the least punctilio ; as was resolved by all the judges of england , hill. 21 jac. in the case of penal laws , co. 7 rep. f. 36 , 37. therefore no other form of trial ought to be admitted in this case than what the statute prescribes , and that is onlie by good and lawfull men of middlesex , not by irish peers . 7ly . the proviso in this act puts a period to this case . provided always , that if any the peers of this realm shall happen to be endicted of any such treasons or other offences aforesaid , by authority of this act , that then after such endictment , they shall have their tryal by their peers , in such like manner as hath been heretofore accustomed . from whence i shall observe these five particulars . first , that treasons committed by english peers in forein parts , are tryable here in england , within the verie bodie and purview of this law . therefore by the self-same reason , law , and justice , treasons committed out of this realm in ireland even by irish peers , are triable in england by this act , else irish peers should be quite out of this act , and in better condition than english or any irish commoners , who are clearly adjudged within it . 2ly . that tryal by peers , is saved by this proviso onlie to the peers of this realm , which both in the prologue and body of this act is expresly stiled this realm of england . but the peers of ireland are no * peers at all of this realm of england , as is resolved in 11 ed. 3. brief 473. 20 e. 4. 4. co. 7 rep. f. 15 , 16. & 9 rep. lord sanchars case , f. 117. co. 3 instit. p. 30. and dyer f. 360. b. therefore no waies within the compass , words , or reason of this proviso , but clearly secluded out of it , and so not tryable by their peers . and this statute prescribing a new way of trial for forein treasons , not triable here by peers before , had excluded all english peers from trial by their peers , by the bodie of the law , as some conceive , had it not been saved to them by this special proviso : therefore certainlie irish peers who are not provided for at all , and no peers in england , must necessarilie be excluded from their peerage by it upon their trial here . 3ly . the reason why this law doth save the tryal by peers to peers of this realm onlie and to no others ( which as some conceived was not saved to them in cases of forein treasons by the statute of 26 h. 8. c. 13. as appears by the lord grayes case hereafter cited makes an end of the case in question , because peers of the realm of england are peers in everie shire and countie of england . therefore by the great charter of england , and all other acts confirming it , and the common law it self , they ought to be tried onlie by their peers within all counties and places of the realm of england : but-irish , scotish , and forein peers are no peers in any countie of england , as the forecited books ●esolve . now this statute enacting , all forein treasons to be triable not in ireland or any other his majesties dominions , but in england only ; it was necessarie and convenient by this special proviso to save the trial by peers to all english peers to be tryed for forein treasons only in england , according to * magna charta and the common law , being their birthright , because they are actual peers in all places of england , and may have english peers enough at hand to trie them without delay upon all occasions . but irish and other peers being no peers at all in england , and it being a thing improper to trie them by english peers being no real peers to them , and a thing impossible to try them here by irish or any other forein peers , for the reasons formerlie alleged , and this statute confining the trials within it only to england ; it had been a direct contradiction and absurditie to provide , that these forein peers should be tried here by their forein peers for treasons , and not by an ordinarie jury , because they are neither peers themselves in england , nor others who should come hither from ireland or other forein parts , who lose their forein peerage , as soon as they set foot on english ground , with relation unto england , where their peerage presentlie ceaseth . 4ly , the statute is , that the trial for such treasons , &c. shall be in such manner and form to all in●ents and purposes as if they had been committed in england . now if english peers commit treason in england , they shall by the statute of magua charta , cap. 29 , ( yea by king johns charter , and by the common law long before , as sir edmund cook proves in his commentary upon it ; and i have at large demonstrated in my * plea for the lords and house of peers ) be tried onlie by their peers , and not by any ordinarie jurie , by english but not irish peers , as i have formerlie proved . therefore the ground of saving trial by peers , to peers of england by this act is , an unanswerable argument to denie such a trial here to any peers of ireland by irish or english peers . 5ly . the last words of this proviso determine the case in question without more dispute ; provided alwaies , that if any peers of this realm happen to be indicted of any such treasons aforesaid by authority of this act they shall have such trial by their peers , in such like manner as hath bean heretofore accustomed . it being alwaies the custome of england * since magna charta , and long before , in cases of treason at the kings sute , to trie all english peers in england only by their peers , and such a privilege as * sir edward cook holds , they cannot waive if they would , as it was adjudged in the lord dacres case , pas. 28 h. 8. and since in the earl of castlehavens ease 7 car. but on the other side it is most certain , that it hath never been accustomed heretofore , that irish or anie other forein peers should be tried for anie treasons here committed by english , irish , or anie other forein countrie peers within the realm of england , nay , no one president of this kind was ever heard of : and it is an impossible thing in point of law , as i have proved ; therefore no such trial by anie peers can be once thought of or imagined for the prisoner or anie other peer of ireland , within the purview or proviso of this act . 5ly . i shall adde further ex abundanti , to put this case out of all question that i have made some cursorie search into most of the irish annals , histories , antiquities , statutes , upon this occasion and i should have made a further inquisition had i enjoyed anie vacant hours to do it ) yet i cannot find so much as one president of anie irish peer tried in ireland for treason , or anie other offence , by his peers , before this statute of 35 h. 8. and i believe the prisoners councel cannot ( as indeed they neither did nor could ) produce one example of such a trial there , by peers , before this law , nor anie act of parliament in that realm before this statute concerning treason , which provides , that irish peers , shall be tried by their peers , there being no such clause or least hint thereof to be found in the statutes of 18 h. 6. c. 2 , 3. ●● h. 7. c. 13. 13 h. 8. c. 1. 28 h. 8. c. 1 , 2 , 7. which make sundrie offences treasons , and extend to and mention irish lords and rebels by name , as well as commons : all and everie of these acts leaving both the irish peers and commoners to the self-same rrial by a jury . and since this act i presume they cannot produce above one president ( and that a verie late one in case of treason ) where an irish peer was tried by his peers , and it was the case of the l. slane , much about 20 years since there tried and acquitted by his peers in ireland , as i am informed ; before which time , it was then confessed by the judges there they never heard or read of any one such tryal used in ireland ; and since it we have heard of no other trial there by peers , to second it , but onlie of one noble lord ( the lord of valentiae , vicount norris ) there extrajudiciallie condemned by meet martial-law in a council of war , even in times of peace , by the earl of strafford an. dom . 1635. but not executed , nor tried by his peers in a legal way : all their peers formerlie being there either attainted by act of parliament , as is evident by the irish statutes of 28 h. 8. c. 1. 3 & 4 ph. & ma. c. 2. 11 el. c. 1. 13 eliz. c. 6 , 7. 27 eliz. c. 1. 28 eliz. c. 8 , 9. 11 jac. c. 4. 2 h. 6. rot . parl. n. 8. or executed by martial-law , as soon as apprehended in the wars , or else slain in actual rebellion , or pardoned upon their submissions , without anie trial for their treasons by their peers . for attainders of irish peers , and other traitors and rebels by act of parliament in ireland ; i find the earl of kildare with others attainted for a treason and rebellion ( much like this for which the prisoner stands here indicted ) in a parliament held at dublin in ireland , 28 h. 8. c. 1. since this in 11 eliz. c. 1. shan o neale , a bloodie desperate rebel , was attainted by parliament after his death ( being hewn in pieces by the scots ) and the name of oneyle extinguished , it being made high treason for anie to assume that name ; and i find a mac-mahon and magwire forfeiting lands among other rebels in that act , which largelie sets forth the queens title to ireland , 27 eliz. ca. 1. james eustace , viscount of baltinglas , was attainted of high treason for a publique rebellion against the queen . 28 eliz. cap. 9. i find john brown and near one hundred more irish-men by name attainted of high treason by this act for an open rebellion . in 11 & 12 iac. c. 4. i find hugh earl of tyrone , jury earl of tirconell , caconaugh magwire , mac-mahon , and above 20 more chief irish gentlemen , attainted of high treason by this act , for their open rebellions . but for a trial of any irish peer for anie treason in ireland by his peers , i can meet with no president as yet , but that of the lord slane onlie , and shall be glad to be informed of any other , to parallel it . indeed in the printed statute of 2 eliz. c. 1. made in ireland , for restoring to the crown the antient jurisdiction over the state ecclesiastical and spiritual , and abolishing all forein power repugnant to the same ; and in the statute of 2 elizabethae in ireland cap. 6. intituled ; an. act whereby certain offences are made high treason . i meet with these two clauses concerning the trial of irish peers for treasons onlie within these acts. and if it shall happen that anie peer of this realm shall fortune to be endicted of and for anie offence that is made premunire or treason by this act , that then the same peer or peers so being indicted , shall be put to answer for everie such indictment before such peers of this realm of english blood ( not irish mark it ) as by the lord deputie , governor or governors of this realm shall be by commission appointed under the broad seal , and to have his and their trial by his and their peers ; and to receive and have such like judgement upon the same trial of his or their peers , or making open confession of the same offence or offences , as in other cases of treason and premunire hath been used , or is used in other cases of high treason and misprision of treason ; which later clauses , as in other cases of premunire and high treason hath been used ; and as is used in other cases of high treason , or misprision of treason , relate only unto thosè words ; to receive and have like judgement upon trial ; and so onlie to the judgement and sentence given in these new treasons and offences enacted by these acts : not to the manner of trial by peers , which is meerlie a new kind of trial never mentioned in any other irish acts before these , and restrained onlie to the new treasons and premunires specified in these acts , in imitation of the * english statutes made in the self-same cases ; which provide , a tryal by peers for our english peers ; which was never heard of in any acts of parliament in ireland till these , and never practised that i read of in that realm , either before or since . to clear this up more fully , the statute of 11 e. 3. c. 4. makes mention of prelates , earls , and barons in ireland , as well as in england : and the statute of 4 h. 5. c. 6. prohibits , that any one of the irish nation should be chosen to be an arch-bishop , abbot , or prior within ireland , because many of them ( against a former act there made ) had been made arch-bishops , bishops , abbots , priors , wherby they became peers of the parliament in the same land , and brought with them irish servants to the parliaments and counsels there holden , whereby the privities of the englishmen within the same land have been and be daily discoverd within it to the irish people rebels to the king , to the great perill and mischief of the kings lawfull liege people in the same land . and the statute of 10 h. 7. in ireland c. 16. enacts , that the spiritual and temporal lords of the land of ireland , shall appear in every parliament holden in that land in their parliament robes , in like manner and form as the lords of the realm of england appear in the parliaments holden within the said realm , under pain of forfeiting 100 s. to the king : which use of robes they had there for penury omitted by the space of 20 or 24 years . but there is no mention of any tryal by their peers in these or any other english or irish statutes ; but those forecited of 2 eliz. c. 1. & 6. yea the statute of 25 h. 6. in ireland c. 28 enacts , for that there is a law established , that every lord that is called a lord of the parliament in all pleas personal as well as real , in which amerciaments do lye , shall be amerced 100 s. to the great impoverishment of the said lords , for as much as their livings are diminished and wasted by war ; that no lord of parliament shall be amerced from thence forward in the said pleas otherwise than other persons , notwithstanding any law made before to the contrary . the amerciaments therefore of irish lords and commons being alike by this law , it is very probable their tryals by jurie were both alike , and that they were not tryed by their peers . now the prisoners councel have pleaded in his plea , that magna charta gives the tryal by peers in ireland ; and no other law but it : and that it was not accepted , received , confirmed , and used as a law in ireland till the statute of 10 h. 7. and the words thereof ( if it be confirmed by that act ) are most clear in it , that all statutes late made , &c. from henceforth be deemed , accepted , usea , and executed within this realm of ireland in all points ; and if it were made a law there by the statute 8 e. 4. c. 1. ( which i rather believe ) the words of that act are , that from henceforth all other statutes and acts made by authority of parliament in england , be ratified , confirmed , and adjudged by authority of this parliament in their force and strength , from the sixth day of march . so as magna charta was not a general law in force , use , acceptance , or execution in ireland , at least amongst the irish , till 8 e. 4. or 10 h. 7. as is evident by these acts . because i would leave nothing concealed or unanswered that might make for the prisoners advantage , i must acknowledge , that king henry the 3d. in the first year of his reign sent a roll of the liberties which his father king iohn and he had granted to this realm of england unto ireland , out of his special grace , by unanimous consent of all his lieges , and confirmed the same to all his spiritual and temporal lords and faithfull subjects there ( for their fidelity to him and his father ) to them and their heirs for ever , as a signal bedge of his favour , by this patent . * rex , archiepiscopis , episcopis , abbatibus , comitibus , baronibus , militibus , et libere tenentibus et omnibus fidelibus suis per hiberniam constitutis , salutem . fidelitatem vestram in domino commendantes , quam domino patri nostro semper exhibuistis , et nobis estis diebus nostris exhibiti ; volumus , quod in signum fidelitatis vestrae tàm prae●lare , ●am insigniter libertatibus regno nostro angliae a patre nostro et nobis concessis , de gratia nostra et dono in regno nostro hiberniae gaudiatis vos et vestri imperpetuum : qu●● distincte in rotulum redactas , decommune consilio omnium fidelium nostrorum vobis mittimus , signatas sigillo domini gu●●onis apostolicae sedis legati , et fidelifsimi nostri willielmi marescalli * rectoris nostri et regni nostri , quia sigillum nondum babuimus ; easdem processu temporis majorum constlio proprio sigillo firmandas . teste apud gloverniam , 3 die februari : he being * c. owned but on the 28 of october before at gloucester , where this patent bears date . after which king henry having ratified the great charter of liberties in england , in the 9th year of his reign ( printed in all our statutes books , and in cooks 2 institutes ) in the 12 year he commanded it to be published openly in ireland by his writ , * rex dilecto et fideli suo r. burgo . iustic. suo hiberniae , salutem . mandamus vobis firmiter praecipientes , quatenus certo die & loco faciatis venire coram vobis archiepiscopos , episcopos , abbates , priores , comites & barones , milites , et libere tenentes , & ballivos singulorum comitatuum ▪ et coram eis publice legifaciati . cartam dom. regis johannis patris nostri cui sigillum suum appen●um est , quani fieri fecit jurari a magnatibus hiberniae , de legibus & consuetudinibus angliae observandis in hibernia . et praecipiatis eis ex parte nostra , quod leges illas et consuetudines in carta praedicta contentas de caetero firmiter teneant & observent . hoc idem per singulos comiratus hiberniae clamari faciatis et teneri prohibentes firmiter ex parte nostra , et super forisfacturam nostram , ne quis contra hoc mandatum nostrum venire praesumat , eo excepto quod non de morte nec de catallis hibernensium occasione nichil stauatur ex parte nostra citra quindecem dies a die st. michaelis anno r. n. 12. super quo respectum de dedimus magnatibus nostris hiberniae , usque ad terminum praedictnm : teste m●ipso apud westm. 8 die maii anno 12. in cooks 3 instit. f. 141. b. 4 instit. p. 3●9 . b. & in 18 h. 3. rot , pat . m. 17. n. 21. there is mantion made of consuetudines & leges reg●i nostri angliae , quas bonae memoriae dominus johannis rex pater noster de communi omnium de hibernia consensu teneri statuit in terra illa . teste rege apud winch. 28 die octob. in the 30th . year of henry the third , all laws and customs of england were established in ireland by this * patent . quia pro communi utilitate terrae hiberniae , & pro unitats terrarum rex vul , et de communi consilio regnt provisum est , quod omnes leges et consuetudines quae in regno angliae tenentur in hibernia teneantur , et eadem terra eisdem legibus subjaceat , et per easdem regatur , sicut johan ▪ rex cum ultimo esset in hibernia statuit et strmiter mandavit : ideo volumus , quod omnia brevia de communi sure quae currunt in anglia , similiter currant in hibernia sub vovo sigillo nostro , &c. teste meipso apud woodstock , 19 die septemb. the patent of king iohn which this patent mentions , is that of rot. pat. 6 johan . regis . m. 6. n. 17. never yet printed . rex , &c. justiciariis , baronibus , militibus , et omnibus fidelibus suis &c. sciatis quod dedimus potestatem justiciariis nostris hibernioe , quod brevia sua currant per terram nostram et potestatem hiberniae , scilicet breve de recto , de feodo aimidiae militis , et infra ; et erit terminus de morte aut post transfretationem henrici patris nostri de hibernia in angliam . et breve de nova disseisina , et erit terminus post primam coronationem nostram apud cant. et breve de fugitivis et nativis , et ejus erit terminus post captionem dublin . et breve de divisis faciendis inter duas villas , exceptis b●roniis : et ideo vobis mandamus et firmiter praecipimus , quod haec it a fieri et firmiter teneri * per ●otam potest atem nostram hiberniae faciatis . teste meipso apud westm. 2 novemb. in the 41 year of his reign , claus. 41 h. 3. m. 11. dors . i find this memorable writ , touching the confirmation and customes of england setled in ireland , by assent of the prelates and great men thereof : rex thesaurario et baronibus de scaccario dublin salutem . quia de assensu et vosuntate praesatorum & magnatum terrae hiberniae dudum fuit provisum et concessum , quod eisdem legibus uterentur in terra illa quibus homines regni nostri utuntur in regno illo ; et quod eadem brevia quoad terras & tenementa recuperanda currerent in terra illa , quae currunt in regno praedicto , sicut nostis : et dicta provisio & concessio omnibus retroactis temporibus fuerit obtenta & approbata ; miramur quamplurimum , quod sicut ex insinua●ione venerabilis patris thomae lismor . episcopi accepimus , emanare permisistis ex cancellaria edwardi filii nostri in hibernia , contra consuetud inem optentam & formam brevium in regno nostro ufitatam , breve subscriptum contra praefatum episcopum in hac verba . e. illustris regis angliae primogenitus vic. waterford salutem . precipe thomae lismor . episcopo , quod juste & sine dilatione reddat waltero : episcopo waterford , maneria de archmordeglan , kilmordri & motha cum pertinentiis , quae clamat esse jus ecclesiae suae , & in quae idem episcopus non habet ingressum nisi per alanum quondam lismor episcopum cui griffinus quondam lismor . episcopus illa demisit , qui in illa se intrusit post mortem roberti quondam lismor . episcopi , qui inde injuste & sine judicio dissesuit robertum quondam waterford . episcopum , praedecessorem episcopi post ultimum reditum , &c. quia vero dictum breve tam dissonum est , et contra leges & consuetudines in regno nostro optentas , & formas brevium nostrorum ibidem approbatas , praesertim cum breve ingressus non transeat tertiam personam , nec ratione intrusionis in terram aliquem post mortem alicujus competat actio alicui de terra , illa nisi illi cui per mortem illam jus debetur in eadem : nec enim dicitur intrusor , qui jure haereditario , vel ratione ecclesiae suae succedit praedecessori sui in hiis de quibus idem praedecessor fuit seisitus in dominico suo ut de feodo die quo obiit : vobis mandamus , quod si●dictum breve a cancellaria praedicta in forma praedicta emanaverit , executionem ejusdem brevis supersedeatis ; revocantes sine dilatione quicquid per idem breve actum fuerit in curia praefati filii nostri : teste apud wynd . 27 die januar. eodem modo scribitur alano la suche justic. hiberniae , & waleranno de wellesly , & sociis suis justiciariis itinererantibus , ut supra . in the 5th year of king edward 3. rot . pat. 5 e. 3. parte 1. memb. 25 it was enacted in a parliament that year in england amongst other things . quod una & eadem lex fiat tam hibernicis quam anglicis , excepta servitute v●cagiorum penes dominos suos , &c. by a parliament then holden in ireland . yet notwithstanding all these patents , charters , acts , the benefit of the great charter , and of the liberties , laws and customs of england , extended not to all ireland , and the irish therein dwelling ; but only to such parts of ireland as were reduced and divided into counties , and possessed by the english colonies , and to the english men inhabiting in ireland , and such irish within the english pale as lived in due subjection and obedience to the kings of england , or were specially endenized by their parents to them , not to the irish countries and colonies which were not reduced into counties , and under the obedience of the kings of england , ( amounting to more than two third parts of ireland in extent of ground ) who had no benefit of the laws or liberties of england ; but by special grants and charters of indenization from the kings of england , which some septs of the irish and others purchased from our kings , as sir john davis proves at large in his irish reports , in the case of tanistry , fol. 37 , 38 , 39. and the records there cited : to which i shall add these following records not mentioned by him , fully evidencing this truth . claus. 37. h. 3. m. 15. dors. rex justic. hiberniae salutem . monstravit nobis mamorth offerthierim , & rothericus frater ejus , quod antecessores sui & ipse , licet hibernienses fuissent , semper tamen firmiter fuerunt ad fidem & servitium nostrum & praedecessorum nostrorum regum angliae , ad conquestum una cum anglicis faciendum super hibernienses . et ideo vobis mandamns , quod si it a est , ●●●c non permittas ipsos mamorth & rodericum repelli●●● quin possint ▪ terras vendicare in quibus jus habent , stcut quilibet anglicus . quia si ipsi & antecessores sui sic se habu●runt cum anglicis , quamvis hibernienses , injustum est , licet hibernienses sint , quod exceptione qua repelluntur ibernenses a vendicatione terrarum & aliis repellantur . t●ste . &c. by this record it is apparant , that all irishmen but those whose ancestors joyned with our kings in the conquest of ireland , and were loyal subjects to our kings , had no benefit of the kings writs and laws to claim or recover lands in ireland , in 37 h. 3. hereupon divers native irish men purchased several patents from our kings , granted out of special grace to enable themselves and their posterity to enjoy the benefit of the english laws in ireland , for which i shall cire these few ensuing presidents instead of many of like nature . pat 17. johan . reg. memb. 15. together with pat. 12. e. 1. m. 11. pro diversis in hibernia , quod uti possint legibus angliae in hibernia . rex omnibus ballivis & fidelibus suis hiberniae ad quos , &c. salutem . vol●ntes giraldo fil . johannis hibernico , gratiam facere specialem , concedimus pro nobis & haeredibus no●tris , quod idem geraldus & liberi sui quos legitime procreaverit , hanc habeant libertatem , quod ipsi de caete●o in hibernia utantur legibus anglicanis , & firmiter inhibemus , ne quis ●os contra hanc concessionem nostram vexet in aliquo , vel perturbet . in cujus &c. t. rege apud carnarvan , 30 die maij , consimiles literae habet margeria de lessan , henricus de lessan , petrus de lessan , andreas de lessan , bene dictus fil . johannis , ardmagh , willielmus heuke , hibernici . in cujus , &c. teste ut supra . pat. 18. e. 1. m. 24. rex omnibus ballivis & fidelibus suis in hibernia , ad quos , &c. salutem . volentes isamaiae filiae oragilig ▪ & matildae fil . oragilig , hibernicis , graciam facere specialem , concedimus pro nobis & haereaibus nostris , quod eadem isamaia & matilda ad totam vitam suam hanc habeant libertatem , videlicit , quod ipsae de caetero in hibernia utantur legibus anglicanis : & fi●miter inhibemus , ne quis eas contra ●anc concessionem nostram vexet in aliquo vel perturbet : in cujus , &c. t. rege apud westm. 12 die junii , per ipsum regem . pat. 19. e. 1. m. 20. rex omnibus ad quos , &c. salutem . sciatis quod de gratia nostra speciali , concessimus willielmo filio carmok . clerico ▪ quod ipse & omnes posteri sui imperpetuum lege & consuetudine anglicana utantur in terra nostra hiberniae , i●a quod ipsi per alias leges & consuetudines , p●r nos & ministros nostros quoscunque de caetero non deducantur contra voluntatem suam , sed quod ipsi , in vita sua & morte de caetero libertate gaudeant anglicana , in cujus , &c. teste rege apud ashermg . 22 die jan. the like patent is granted mauricio de bre. hibernico , pat. 24. e. 1. m. 3. these records , with claus. 2. e. 3. m. 17. rex dilecto & fideli suo johanni darcy , de nevien , justiciario suo hiberniae , salutem . exparte quorundam hominnm de hibernia extitit supplicatum ut per statutum inde faciendum concedere velimus , quod omnes hibernici qui voluerint legibus utantur anglicanis , it a quod necesse non habeant super has chartas aliquas a nobis impetrare . nos igitur certior ari volentes , si sine alieno prae●●d●cio praemissis annuer ●valeamus , vobis mandamus ▪ quod voluntatem magnatum terrae illius in proximo parliamento ibidem tenendo ; super hoc cum ailigentia pers●rutari faciatis , & de eo quod inveneritis , una cum vestro consilio & ad visam●nto nos distincte & aperte cum celeritate qua potestis , certificetis , hoc breve nostrum nobis remittentes : which compared with claus. 5. e. 3. part 1. m. 25. pro hominibust●rrae hiberniae de lege angliae utenda in custodiis recuper andis , &c. are an unanswerable evidence beyond contradiction , that the great charter , liberties , customs and laws of england , granted to those of ireland by king john , henry the third , edward the first and third , extended only to the english subjects inhabiting ireland , and to such irish who lived in english counties in due subjection to the kings of england , or were by special charters of indenization enabled to enjoy the benefit of them ; who were but few in consideration of the rest of the irish nobility , gentry and commons , retaining their ancient brehon laws , and would not submit to the laws of england , nor government of our kings , against whom they frequently rebelled , being reputed rather enemies than rebels , and usually so stiled in the statutes of ireland , till the statute of 33 h. 8. c. 9. as appears by the statutes of 18 h. 6. c. 3. 25 h. 6. c. 4 , 5. 28 h. 6. c. 1. 3 e. 4. c. 2. 5 e. 4. c. 6. 18 e. 4. c. 2. 10 h. 7. c. 9 , 10 , 17 , 19. 28 h. 8. c. 11. & by sir john davis irish reports in the case of tanistry , fol. 39. the common laws and statutes of england being not universally received or established throughout the whole realm of ireland , till after the statutes of 3 and 4 phil. and mar. c. 3. 11 eliz. c. 9. and king james his proclamation in the third yeer of his reign : or at leastwise till the statutes of 8 e. 4. c. 1. or 10 h. 7. c. 22. which established all the statutes made in england concerning or belonging to the good of the same , only as to the englishry , or english pale and counties , not to the irishery , as the statutes of 17 h. 7. c. 8 , 9 , 10 , 11 , 13 , 17 , 19. 35 h. 6. c. 3. 5 ed. 4. c. 3 , 4 , 5. 13 h. 8. c. 3. 28 h. 8. c. 15. made in ireland , with other acts resolve , which the lord magwire confesseth in his plea , and his council cannot deny . now the lord magwire being none of the english pale , or irish sept , liege subjects to our kings , but of the irishry , and professed enemies to our kings , as the irish annals and statutes inform us ; the statute of magna charta , and the laws , liberties and customs of england , granted to the english and loyal irish subjects in ireland ▪ and so this trial by peers , could not extend to his ancestors till after the statutes of 8 e. 4. or 10 h. 7. & of 35 h. 8. c. 1. yea after the statutes of 3 and 4 ph. and ma. c. 3. and 11 eliz. c. 9. for reducing the irishry into counties , and under the laws and statutes of england to which they were not formerly subject . and from these patents of king john and henry the third forecited , and the statutes of 8 e 4. and 10 h. 7. till 35 h. 8. chap. 1. no one president of any one irish peers trial by his peers in ireland in any case whatsoever , can be produced . therefore certainly there was no such trial known or in use in ireland , before 35 h. 8. nor any president of it since till one of late ; and una hirundo non facit ver. if then the peers of ireland before the making of this act of 35 h. 8. were never actually tried by their peers for any treason done in ireland , for ought can be proved , and there be no express act for any trial by peers there , for any treason , but only the act of 2 eliz. c. 1. and 6. and that only for special treasons within those laws , which are none of those for which the prisoner stands here indicted ; i may safely conclude , that this law of 35 h. 8. never intended to preserve to irish peers a trial by their peers in ireland , which kinde of trial was never before had , used or practised in that realme ▪ and therefore the prisoner shall be tried by an ordinary jury at this bar , not by his irish peers ; because , if he were in ireland , ( for ought appears yet to me he should not be tried by his peers there ; and in both these points , the book in dyer , ( the only authority which seems to be strongest against , is for me ) the words whereof are these in english . the grand chancellor of ireland moved this question to the queens councel , if an earl or lord of ireland , who commits treason in ireland by rebellion , shall be arraigned and put to his trial in england for this offence by the statutes of 26 h. 8. c. 13. 32 h. 8. c. 4. 35 h. 8. 2 or 3 e. 6. and it was held by wrey , dyer and gerrard attorney general , that he could not . mark now their reasons ; for he cannot have his trial here by his peers . ( which is a full resolution in point of my third question , agreeing with what i have endeavoured with arguments to prove , and is an unquestionable truth , which i submit to : ) then it follows , nor can he be tried here by any jury of twelve ; ( mark the reason , not because he is a peer of ireland , and therefore ought to be tried by his peers , and not by a jury ; for that had been full against me , and it is now the only knot in que●tion ) but because he is not a subject of england , but of ireland , and therefore he shall be tried there : which reason ( extending as well to an irish commoner as peer ) hath been since adjudged directly false , absurd , and against the law , both in orourks case , and in sir john parrets case , and since in mac-mahons case : and sir ed. cook informs us in his institutes on lit. f. 261 , that wray himself in orourks case ( where this opinion of his was vouched ) did openly disclaim , that ever he delivered any such opinion as this , but ever held the contrary to it ; and so it is a misreport in this particular : after which the book concludes thus , and it is said , that the usage ( to wit in ireland ) to attaint a peer , is by parliament and not by peers ; which comes full in terminis to what i have last insisted on , and i am certain cannot be disproved . wherefore this authority in dyer , as to all that is truth and law in it , is wholly for me in the reason of the law ; and against me only in what hath been since adjudged to be no law . i shall close up all with a stronger case and authoritie than this in question , which will over-rule this case , and that was in * trinity term an. 33 h. 8. in the kings bench . edward lord gray immediatly before having been lord deputie in ireland , was endicted , arraigned , and attainted of high treason by an ordinary jurie in the kings bench in england , for letting divers rebels out of the castle of dublin , and discharging irish hostages and pledges that had been given for the securing the peace of ireland ; and for not punishing one who said , the king was an heretick , whilest he was lord deputy in ireland : for these treasons ( all acted and committed in ireland ) through an english peer , he was tried by an ordinary jury in england by the statute of 26 h. 8. c. 13. ratified in ireland by 28 h. 8. c. 7. forecited ; which secluded him from his tryal by peers , being not saved by these acts. therefore a fortiori shall these statutes and this of 35 h 8. c. 2. & 5 e. 6. cap. 1. made since his judgement , exclude this irish lord being no english peer , from any tryal by his peers . finally , the prologue of this statute coupled with the body thereof puts a period to this question beyond all doubt or dispute . for as much as some doubts and questions have been moved , that certain kinds of treasons &c. committed out of the kings majesties realm of england , cannot , nor may by the common laws of this realm be inquired , heard and determined within this his said realm of england . for a plain remedy , order , and declaration therein to be had and made , be it enacted , &c. that all manner of treasons , &c. committed by any person o● persons ●out of this realm of england shall be from henceforth inquired of , heard , and determined by the kings iustices of his bench , &c. by good and lawfull men of the same shire , where the said bench shall sit and be kept , in like manner and form to all intents and purposes as if such treasons had been done within the same shire , where they shall be so inquired of , heard and determined . the sole scope , end , purpose then of the king and parliament in this act , being to take away all doubts and questions formerly moved in point of law , touching the tryal of treasons done out of the realm , before the kings justices of his bench and commissioners in england by a iury , and to make and enact a plain remedy and declaration therein for the future , in manner aforesaid , i humbly apprehend , there can be no doubt nor question now moved ; whether this prisoner ought to be tryed by his peers in ireland or england for this his most horrid treason committed out of the realm of england , since this statute so clearly declares and resolves the contrary in most plaine and positive words . the rather , because the kings patent creating him baron of ineskellin under the great seal of ireland , maketh him only a peer in ireland , and gives him only a place and voyce among the peers and nobles of ireland , in the parliaments of ireland , not in england , as he sets forth in his own * plea in precise terms ; as the patent made by king edward the 4th . to robert bold created him baron of rathtauth in ireland , and constituted him , unum dominum & baronem omnium & singulorum parliamentorum & magnorum conciliorum nostrorum in terra nostra hiberniae tenendorum : habendum , tenendum una cum stilo , titulo , nomine , honore , loco et sessione inde sibi et haeredibus suis masculis imperpetuum . and as king henry 8. made thomas viscount rochford by the self-same patent both earl of wiltshire , infra regnum nostrum angliae ; and earl of ormond in terra et dominio nostro hiberniae only , with several clauses of investitures ; several habendums , and several creation-monies for each title and kingdom : and as the patents of all other irish earls , viscounts , lords , and barons in ireland , create and make them peers only in ireland , not in england , as * learned mr. selden informs us , and their very patents resolve in terminis . and therefore quite exclude the prisoner and all other peers of ireland from any tryal by their peers in england , either by the proviso or body of this statute , or their patents which are point-blanck against it . and now , i hope , i have fully made good the point in question , with all the several branches of it , that this act extends to treason committed in ireland ; yea to irish peers as well as to irish commoners , and that there can be no tryal at all upon it here of an irish peer by irish peers , nor in any place else within england ; and that only ( as the prisoners case is ) by a middlesex jury . and so i have finished my assertive part . the first and grand objection is , that which i meet with in the beginning of this prisoners plea ; the statute of magna charta , c. 29. that no freeman shall be taken or imprisoned or disseised of his freehold , &c. nor will we pass upon ●or condemn him , but by the lawfull judgment of his peers , or by the law of the land : which law and statute is among others , established for a law in the kingdom of ireland , there to be put in ure at all times when need is , by the statute made in the parliament held at droghedah in ireland , in the 10th year of king h. 7. c. 22. and by vertue of these two laws he ought to be tryed by his peers in , or of ireland , in this sute against him by and for the king . to which i shall give these satisfactory answers . 1. that the statute of magna charta in its original creation and confirmation , was made , granted to the archbishops , bishops , abbots , priors , earls , barons , towns , and to all the free-men of this our realm of england , and to them only , to be kept in our kingdom of england for ever , whence it is intituled , the great charter of the liberties of england , as the prologue of it resolves . the first chapter thereof is peculiar to the church of england , viz. that the church of england shall be free and enjoy all her rights and liberties inviolable . we have also granted to our freemen of our realm of england these liberties under-written , to have and to hold to them and their heirs , of us and our heirs for ever : so cap. 12. the city of london shall have all her old liberties and customs , and all other cities , boroughs , towns , and the barons of the cinqueports , and all other ports shall have all their liberties and their customes . cap. 35. one measure of wine , &c. shall be throughout our realm . ch. 32. all merchants ( if they were not openly prohibited before ) shall have safe and sure conduct to depart out of england , to come into england , and to tarry in england , as well by land as by water , &c. in cap. 23. all weeres shall be utterly put down between thames and medway , and throughout all england : and the conclusion , c. 37. concerns the realm of england , and englishmen only . neither doth the * charter of king john , nor that of the 11 of h , 3. nor 18 h. 3. m. 17. nu . 21. nor of 30 h. 3. nor yet of 13 e. 1. cited in co. 4 institutes , p. 349 , and 350. and in his institut . on littleton , f. 141. establish mag. char. at least in relation to all the native irish but english alone , it being made particularly for the realm of england and english men : and therefore the prisoner pleads , it was setled there only as a law to be received and put in use ( in respect of the irish then living only in the english pale and the kings loyal subjects , not of any irish enemies in hostility ) by the statute of 10 h. 7. c. 22. but not before : and so is sir ed. cooks opinion in express terms in his 4 institut . pag. 35● . by which it is most clear , that from king henry the seconds dayes , ( who first subdued ireland , an. 1171. ) there were no trials in ireland , of any english or irish peers subjects to our kings , for treason by their irish peers by vertue of magna charta , till after the statute of 10 h. 7. which was made but forty six yeers before the statute of 35 h. 8. between which , and this later law we read not of one trial of any irish peer for treason there by his peers , nor yet since , that i can find ( but only one of late by 2 el. c. 1 , 6. ) till this very day : by which it is most apparent , that this tryal by peers in ireland a privilege now inficted on ) was never actually claimed or enjoyed by any peer of ireland , especially by those in antient emnity and rebellion against our kings , stiled * enemies in the irish statutes , and english records before the statute of 35 h. 8. and so it can be no prejudice nor injustice at all , nor breach of magna charta , to out the prisoner of it . 2ly . it may be questioned upon very good reasons , whether the statute of 10 h. 7. ch. 22. doth consirm this statute of magna charta in ireland or not ? at least as to irish peers , especially those of the old irish bloud ( to whom it relates not , as i have proved in the point of trial by peers , ) and that upon these grounds . first , because the words of that statute are not , that all laws made in england shall be confirmed , received and executed in ireland in all points : but , that all statutes late made within the realm of england , concerning or belonging to the commonweal ( not peers ) of the same , shall henceforth be deemed good and effectual in law , and received & executed in this realm of ireland . now magna charta , being no law then late made within this realm , but made at least 271 years before it , can hardly ( without much straining of the words beyond their proper meaning ) be brought within the compass of this act , though sir ed. cook in his fourth institutes , pag. 351. informs us , that hil. 10 jac. it was resolved by the two chief justices and chief baron , that this word late in this act , hath the sence of before , and shall not be taken in its proper sence or meaning : so that the act by this construction , against the sence of the words , extends to magna charta , and to all the acts of parliament made in england , not only late , but even long before ; yea , many hundred yeers before this act ; which for my part ( under the favour of those reverend judges who thus interpret it ) i hold still disputeable , yea , erronious , and no law at all , especially for these two reasons . 1. because if any law introduced and confirmed magna charta and the other laws of england in ireland , it is the statute of 8 e. 4. c. 1. which confirms the statute made in england in the parliament of 6 r. 2. ch. 6. concerning rapes , of which there was some doubt made whether it extended to ireland ? and then concludes thus : in avoyding of all inconvenience that might happen , because of the ambiguity of the said statute , be it enacted , confirmed and ratified by authority of the said parliament , that the said statute be adjudged and approved in force and strength , and may be of force in this land , from the 6th day of march last past ; and that from henceforth , the said act , and all other statutes and acts made by authority of parliament within the realm of england , be ratified , confirmed and adjudged by authority of this parliament in their force and strength , from the said 6th day of march . so that this law , if any at all , confirmed magna charta , and all the statutes made by authority of parliament in england , to be in force and use in ireland , ( yet only as to the english & irish subjects under the kings obedience , and none else , as i have proved , ) and this statute of 10 h. 7. which confirms only the statutes lately made , must and doth in truth and reason relate only to the laws made in england since that statute of 8 e. 4. c. 1. not formerly there confirmed by that act : so that the prisoners plea , that magna charta was confirmed by 10 h. 7. is but a meer mistake and a void plea : neither are the judges here bound to take notice of this irish act of 8 e. 4. c. 1. unless pleaded by the prisoner , being no law of this kingdom and not binding here . 2. because the forementioned charters of * 6 joh. 12. and 30 h. 3. &c. confirming the use of the laws of the realm of england in ireland , did not extend to settle magna charta there , ( at least wise not as to the benefit of the natural irish , but to the english and the irish within the english pale alone ) as is agreed by sir ed. cook , and in a manner resolved by this act of 10 h. 7. as the words thereof , from henceforth be deemed good and effectual in the law , and over that be used , accepted and executed within the land of ireland , in all points , at all times requisite , import . and if those charters extended not to magna charta , which are fuller then this act , i doubt this law will hardly do it . 3ly . admit the law of 10 h. 7. extends to magna charta in some particulars thereof formerly used in ireland , yet it reacheth not to the trying of irish peers by their peers now in question , for these ensuing reasons . 1. because trial of irish peers , by their peers in ireland was never used nor heard of , nor is there any one instance to be found before or since magna charta , till 10 h. 7. which there setled that great charter for a law , nor from 10 h. 7. till 35 h. 8. nor since that , but of late in one case only about twenty yeers since , till this instant . now what littleton notes of the statute of merton , * sect. 108. that no action can be brought upon that statute for a disparagement , for that since the making of it , it was never seen nor heard , that any such action was brought upon it against the guardian : and if any action might have been brought upon this matter , it will be intended that sometime it would have been put in ure . the like shall i say concerning magna charta , and the trial of irish peers by their peers in ireland , that if the trying of irish peers by their peers had been the common law of ireland , or if magna charta and 10 h. 7. had established it there for a law , it would some time or other have been there put in ●re , and some peers there would have claimed and enjoyed this their priviledge in point of trial : but since it was never yet in use there , for ought i finde , nor any one can prove , before 35 h. 8. i cannot deem it the common law , nor priviledge of the peers of ireland , but the peculiar priviledge of our english peers , both by the common , statute-law , and great-charter of england , and no trial of right incident to irish peers as it is to english . therefore this kinde of trial neither is confirmed to , nor intended to be conferred on irish peers by magna charta , which is but a confirmation only of our * common laws of england , and no introduction of any new law here ; and so should introduce no new law there , but confirm the common laws and customes there formerly used and so the tryal by peers is not there setled in respect of the irish peers , by the statute of 10 h. 7. now that which principally confirms me in this opinion is the two special acts of parliament , made in ireland in 2 eliz. c. 1. & 6. * already cited , which create a special form of tryal of irish peers , not by their peers there of irish blood , but by their peers of that realm of the english blood alone , only in the new treasons and premunires specified in and created by those two acts ; but in no other treasons : which clauses had been merely nugatory and superfluous had the tryal of irish peers in ireland by irish peers been the birth-right and known priprivilege of irish peers , either by the common law there used , or by the custome of ireland , or by magna charta , with this act of 10 h. 7. confirming it ; it therefore never being the intent of this act , nor of magna charta , to grant any new privilege or form of tryal to irish peers , which they never formerly enjoyed , neither the one nor other will sufficiently support the prisosoners plea ; nor indulge him any tryal here or there by his peers of ireland ( at least of irish blood ) for so horrid a treason as this ; which i hope is a satisfactory answer to this objection , since custome is the best expositer of all antient laws , as sir edw. cook declares in his commentary on littleton , sect. 108. f. 81. b. 4ly . admit the objection true , that magna charta extends to ireland , by vertue of this act of 10 h. 7. so far as to give irish peers in ireland , ( though not of the english pale ) a trial by their peers , which they had not before its confirmation there ; yet then i answer , that this statute of 35 h. 8. ch. 2 , upon which the prisoner is arraigned , by making all treasons done and perpetrated in ireland , triable in england , when there is just occasion , ( as now there is in this time of a universal horrid rebellion , and in sundry other forementioned respects ) repeals this clause of magna charta , and deprives the prisoner of the benefit of his peerage , if at all conferred on him by it , and the act of 10 h. 7. since it is most certain , that statutes made in the parliaments of england , ( being the supreme kingdom and court , to which ireland & its courts are subordinate , and whose erronious judgements in their high courts and parliaments there , were only reversible here in england in the kings bench and parliament of england as is evident by claus. 7. h. 3. par . 2. m. 10. and claus. 29. e. 3. m. 12. 8 h. 6. rot . parl. ● . 69. cooks 4 instit. p. 356. mr. st. johns argument at law at straffords attainder , p. 58 , 61. k●ilway , f. 202. b. br. error , 127. fitz. nat. bre. f. 24. co. 7 rep. f. 18. a calvins case ) do oblige those of ireland , not only before but ever since 10 h. 7. when ireland is either particularly named , or generally included , as is agreed by rastals abri●gement , title ireland , 11 e. 3. chap. 2. and 10 e. 3. chap. 8. 4 e. 4. chap. 1. 3 h. 7. chap. 8. 14 h. 4. rastal parceners 2. 27 e. 3. of the staple , chap. 1. 18 14 eliz. chap. 5. 1 h. 7. ass . 3. 3 h. 7. fol. 10. 2 r. 3. f. 12. and cooks 7 report . calvins case , f. 17 , 22 , 23. 4 instit. p. 35. it being so resolved as to this purpose by all the judges of england in orourks and sir john parrets cases , cited in calvins case , and adjudged in mac-mahons case tried at this bar the last term , that this act of 35 h. 8. ● . 2. bindes those of ireland for treasons there committed , & makes them subject to a trial here , whether peers or commoners , as i have already proved . 5ly . it is unquestionable , that every commoner of ireland , hath as large , as full an interest in magna charta , the laws and priviledges of england and ireland , and as much right to be tried in ireland for treason there committed by an irish jury , as any peer in ireland hath in or by them to be tried there by his peers , these laws being no respecters of persons , and every mans birth right alike , of commons as much as of peers , as the laws and great charter of england are ; magna charta , being as largly made and as amply granted to the meanest freeman as to the greatest peers of england and ireland , as the prologue and 9 , 14 , 15 19 , 21 , 22 , 26 , 27 , 29 ▪ chapters thereof resolve . since then this act of 35 h. 8. chap. 2. doth without all controversie ( as hath been resolved in the forecited case ) deprive the commoners of ireland of a trial in ireland by irish commoners , and subjects them to a trial by an english jury here for treasons there committed ; for which by the common law , the customes of ireland and magna charta , before the statute of 26 h. 8. and this act of 35 h. 8. they could be no where tried but only in ireland , not in england , as is collected from the case of sir elias ashburnam , tr. 18 e. 3. coram rege , rot. 14. cited by sir edward cook in his 4 instit. p. 356. ( the principal case that can be objected against me , which makes nothing to the purpose , being long before these statutes were made : ) therefore by the self same reason it shall take away the trial of irish peers in ireland and england by irish or english peers , for treasons perpetrated by them in ireland , and subject them to a trial by an ordinary english jury at this bar , or before commissioners in any county of england , as i have already proved ; which jury here are in truth peers to all irish peers , being here no peers at all , but onely commoners . if it be objected , that this law of 35 h. 8. chap. 2. cannot abrogate magna charta ; all acts and iudgements against magna charta being declared voyd : by 25 e. 1. ch. 1. 2 , 4. 28 e. 1. ch. 1. & 42 e. 3. ch. 1. therefore it shall not take away the tryal by peerage from irish peers . i answer 1. that you may by like reason object , that it cannot take away a tryal in ireland by an irish jury from irish commoners , seeing it cannot repeal magna charta and the common-law ; but this objection is yielded , and adjudged idle in case of an irish commoner ; therefore it is , and must be so in case of an irish peer . 2ly . the objected statutes do make void and null all acts and statutes made against magna charta before the parliaments wherein they were made ; but they extend not at all to future real parliaments and their acts , subsequent parliaments having alwaies had power to control , alter , abrogate precedent acts ; yea the very common-law and great charter it self , when inconvenient or defective , as all our books accord : therefore sir edward cook in his 4 institutes p. 42. resolves and proves at large , by 11 r. 2. c. 3. 5 ro● . parl. n. 22. 48 , 49. 1 h. 4. c. 3. 2 h. 4. c. 22. 21 r. 2. c. ●6 . 1 h. 4. n. 48. 70. 144. 21 r. 2. n. 20 , 21. 36 , 37 , 85 , 86 , 89 , 90. that acts ( yea and oaths ) against the lawfull power of subsequent parliaments , that they shall not repeal such and such laws ( though mischievous or unjust ) bind not at all , and are merely idle ; for ●odem modo quo quid constituitur , dissolvitur ; those who have power to make any laws , having as great , as full a power to controll , alter , or repeal them when they see cause and necessity for it as you may read in rastals and poultons abridgements of statutes , and the statutes at large , repealing former acts : and how often magna charta hath been altered , supplied , or * repealed in some particulars , in and by our parliaments since its making , by subsequent acts both by prescribing creating new imprisonments , forfeitures , corporal punishments , fines , executions treasons , capital offences & customs , imposts , not then known , or different waies or places of tryal not then in use , in cases of forein treasons and the like , by a jury in england not then usual , but since confirmed by the statutes of 26 h. 8. c. 13. 28 h. 8. c. 25. 33 h. 8. c. 27. 35 h. 8. c. 2. 5 & 6 e. 6. c. 11. contrary to , or * different from magna charta , and the common law , 2 e. 6. c. 24. is so well known to all lawyers that i will not spend breath to prove it . 3ly . i answer , that this act of 35 h. 8. doth both alter and in some sort repeal magna charta , and the common-law , as to the point and place of trying forein treasons in england it self , as to english , peers and commoners , to whom alone the great charter was first granted , they being not tryable in england by iury or peers , for any forein treasons by the common-law , or great charter . therefore a fortiori it must both alter and repeal the common-law and great charter as to irish subjects , for whom the great charter was never originally made , not yet directly confirmed to them by 10 h. 7. but only implicitly and doubtfully at most , as i have proved . 4ly . i answer , that this act of 35 h. 8. doth no waies abrogate or alter magna charta in truth or reality , but rather ratifie & confirm it , in the form and manner of this tryal , though not in the place . for magwire being only a peer in ireland , but not in england ; every free-man of england that shall be impanneled to try him , is in truth & law his peer here : and this act , enacting that he shall be tryed , not by marshal-law , or the judges themselves , but by good and lawfull men of the shyre , where the kings bench shall sit , who are his equals and peers in england , and saving the tryal by peers to every peer of this realm after his indictment found by jury : this way and form of tryal by jury in england being then and now the law of the land , is no contradiction or repeal at all , but a direct pursute and confirmation thereof , according to its letter & meaning . and so much in answer to this grand objection , wherein i have been over tedious , but shall recompence it with brevity in the remainder . the second objection ( a meer branch of the former ) is this . that if irish peers should be tryable by an ordinary jury within this law for treasons done in ireland , this might prejudice the whole nobility of ireland , who by colour of this act , might be sent for out of ireland and tryed here for treasons , misprisions , and concealments of treasons there committed , and so quite deprived of their birth-right of tryal by their peers , which would be of dangerous consequence . i answer 1. that i have manifested , that this tryal by peers was never deemed , claimed , nor enjoyed in ireland , as a privilege by irish peers , nor ever used or practised in that land before this act , & but once claimed since , and that in ireland . therefore it cannot be intended that this statute or the makers of it ever imagined to save this manner of tryal by peers only to irish peers , which they never enjoyed , nor so much as once claimed or possessed before the making of it . neither can it be any injury or injustice to deprive them of that now they never heretofore claimed , used , enjoyed , as their privilege , and birth-right , being not indubitably setled on them by any law that i have seen ; but only in some special cases of treason since 35 h. 8. wherof this is none by the late acts of 2 el. z. c. 1. & 6. when as this privilege is taken from them , not by a bare strained exposition , or implication , but by this express act of parliament made long since for the common good and safety of england and ireland , not yet repealed . 2ly . this objection with as great or greater strength colour , might be made for all the commons of ireland ( far more numerous and considerable than their peers ) they being deprived by it of tryals by irish juries in their native country , than for irish peers alone ; which tryal here against irish commons was never of late excepted against , this law having been so often adjudged to reach to them ; therefore there is no colour , to exempt irish peers out of it . 3ly . this pretended prejudice to irish peers in point of tryal by their peers , is soly in cases of high treasons , or misprision and concealments of it , and no other , the statute extending to no crimes , but these alone . therefore the mischief is not great in general ; and no irish peers ( i presume ) but such who have trayterous or disloyal hearts , will deem it a disparagement or injustice to them , to be secluded of a tryal by their peers only in these cases of high treason : and if others who are professed rebels and traytors murmur at it ( as none else will ) we need not much regard it , nor prefer their pretended privilege , before our own kings , kingdomes , religions , yea irelands safety and wellfare , in bringing them to a speedy tryal and condign punishments for their treasons here in england by vertue of this law . 3ly . even by the very common law before this act , treasons committed in ireland by peers or commons , were tryable before the marshall of england , in england it self , as is evident by the parliament roll of 2 h. 6. ● . 9. * where iohn lord talbot , being the kings lieutenant in ireland , accused james bottiler earl of ormond , of certain treasons ( there particularly recited ) by him committed in ireland , before john duke of bedford constable of england , in his marshals court ; which accusations the king , by the advice of his parliament , did discharge and abolish , to appease the differences between them : upon which else he might have been proceeded against , though an irish peer , without any tryal by his peers ( see cooks 4 instit , p. 123 , 124. ) therefore a fortiori this special act of parliament may subject irish peers to a tryal by a substantial english jury in england for treasons done in ireland , since tryable for them here before its making even in the marshals court . 5ly . this statute doth not simply take away the tryal of all treasons committed in ireland , from thence ; only it makes them all tryable here , when the king ▪ state and parliament shall see just cause or occasion for tryal of them here , as now they do in these times of general rebellion there , when the rebels are so predominant , and the times such , that no safe , fair , or indifferent tryal of this traytor can be there had or expected . and seeing the law and common reason will inform every man , that the king and state will never be at the cost and trouble to send for traytors and witnesses out of ireland to try them here , but upon a most just occasion and urgent necessity , to prevent either a faiter or delay of justice in case of horrid treasons and rebellions ; and no irish peer who hath any loyalty in his heart , or reason in his head , will deem it a dishonor , or prejudice to the whole irish peerage in general , or the trayterous peers sent hither to be tryed in particular , to be outed of a tryal by irish peers in such cases of necessity , and expediency only ; it being better and safer for this realm and ireland too , that these native irish peers , who have been proved to break out into actual rebellion in all ages ( as this prisoners ancestors have done as much or more than any , his * grandfather being the first man that broke forth in tyrones rebellion ) should be subject to tryals for the same by ordinary english juries here , and outed of their peerage , then that such arch-traytors and rebels as the prisoner and his confederates are , ( guilty of the effusion of many thousands of protestants and english mens bloods ) should escape uncondemned , or be executed by martial law . and our law in this case , which concerns the safety of 2 kingdoms at once , will rather suffer a particular mischief , especially to rebellious peers , than a general inconvenience to both realms , and all loyal subjects in both . 6ly . though the tryal of all english and irish peers by a legal indictment , presentment , and jury of their peers alone , and not by martial-law or commissioners themselves alone , be an essential fundamental right and privilege for the securitie of their lives and estates , which our parliaments in all ages have been very curious to preserve , and not to alter ; yet the tryal of peers by peers alone ( not by a jury of other freemen ) for the most part ( if rightly considered ) is rather a meer punctilio of honor , than matter of real privilege or benefit to peers ; and by intendment of law and common experienc , a fair and legal tryal by the oaths of 12 honest , substantial , indifferent english gentlemen or freeholders , to whom the prisoner may take all * sorts of lawfull challenges by law , which shall be allowed , if there be any just cause of suspition of partiality , injustice , consanguinity , &c. besides his peremptory challenge of 35 jurors without cause ( which challenges * cook affirms , shall not be admitted or granted in case of tryal by peers ) it being the usual antient a tryal in all cases between the king and ordinary subjects , between man and man , peers and commoners , both in all civil and criminal causes whatsoever , it is and will be every way as just , as beneficial to a peer in point of law as a tryal by twelve peers , upon their honours only , b without oath . and the exchange only of the form of tryal , by twelve indifferent english gentlemen of quallity , upon their oaths , for twelve irish peers of english blood , nominated and appointed only by the king , or his c lord deputy of ireland , upon their honours without oath , in this case of necessity , can be no injustice , injury , or prejudice to the irish peers in general , nor yet to the prisoner in particular : the rather , if we consider , first , that every indictment by which an english or irish peer is or can be tryed , must first be proved before a grand jury of commons ( as this very statute prescribes ) and found by them upon oath , not by a jurie of peers : which is a kind of preparatory trial of a peer by jury , without which there can be no proper tryal by peers , as is resolved cooks 3 institutes , p. 28 , 30 , 31 , 32. & 1 h 4. 1. 2ly . that in cases of appeal brought by a common person ●or murder , rape , robberie , or the like , and likewise in case of a premunire against an english peer , where his life is not brought into question ; he shall not be tried by his peers , but by an ordinary jury as other men ; trial of peers by peers being onlie in cases of indictments for treasons or felonies at the kings sute , and no other , as is clear by the statute of magna charta , c. 29. neither will we pass upon him , or condemn him , without the lawfull judgement of his peers , &c. the words onlie of the king not of the commons ; in this our books are express in point , all cited in sir edw. cooks 2 institutes on this verie chapter of magna charta cap. 29. in his pleas of the crown , or 3 instit. c. 2. p. 30 , 31. & 20 ed. 4. 6. b. now this case in question concerning not onlie the king , but the whole kingdome of england and ireland , and those manie thousands of common persons whose innocent blood hath been , shed in ireland by him and his confederate rebels crying out for vengeance and justice against him without delay ; he may thereupon be justly tried by an ordinary jurie of commons , as well as in case of an appeal of murder brought by a common person . 3ly . peers of parliament , even of this realm , not by inherent nobility and birth right , but only in right of their baronies , which they hold in auter droit , as arch-bishops , bishops , abbots , priors and the like , shall not be tried by their peers for treasons or felonies at the kings sute , but onlie by an ordinary jurie , as archbishop scroope of york , cramner arch-bishop of canterbury , * adam de orlton or tarlton bishop of hereford , mark bishop of carlile , fisher bishop of rochester , and others were tried 3 ed. 3. f. 6. kelwaies reports , f. 184. stamfords pleas of the crown , f. 135. cromptons jurisdiction of courts , f. 12. 19. hall● chron , 6 h. 4. f. 25. coo. 3 instit. f. 36. now if these verie english peers to whom magna charta was immediatelie granted by name of arch-bishops , bishops , abbots , ( being the first persons mentioned in the prologue and ch. 1. & 29 of this charter , ) shall be outed of their peerage , in these cases of indictment at the kings sute , though within the very letter of magna charta , because they are no peers of england by blood or birth-right , but in right of their churches , then a fortiori irish peers shall be deprived of their peerage by this special act , who are not within the letter or intent of magna charta , never made for them , but for english noble blood . and if it be neither injustice , nor injurie , nor inconvenience , to deprive these ecclesiastical english peers of a trial by peers in cases of treason or felony at the kings sute though within the letter of magna charta , and to try them by an indifferent jurie of freeholders ; it cannot be reputed any injustice , injury , rejudice , or inconvenience at all now to out this irish peer of his peerage here , where he is no native peer , for such an horrid treason as this . 4ly . irish peers are no peers at all in england , upon which account and reason if they commit treason herein they shall be tried by an ordinarie jury ; therefore to try them onlie by freeholders , no● by peers in england , can be no injurie nor dishonour to their peerage , unless it were in ireland where they are peers ; and yet have been seldome or never hitherto tried there by their peers , as i have proved . 5ly . the verie statutes of ireland it self made by the peers and commons thereof to prevent manie mischiefs by theeves , murderers , and rebells in that realm , do deprive both the lords & commons there of any legal trial at all both for their lives and estates too , witness the statutes of 28 h. 6. c. 1. 3 & 5 e. 4. c. 2. & expose them to the judgement , slaughter , plunder of particular men in some cases , authorizing all manner of men that find any theeves robbing , breaking up houses , by day or night , or going or comming to rob or steal , having no faithfull man of good name and fame in their company , in english apparel , to take and kill those * theeves , and cut off their heads , ( without endictment or jury ) and seise their goods , without any impeachment of the king , his heirs , officers , or any other , for which they are to receive a sum of mony from every plow-land , and person of estate within the barony where they shall slay and behead such theeves . and 25 h. 6. c. 4 & 5. if any english men shall have any hair or beard upon his upper lip like the irish , it shall be lawfull for every man to take their goods , as irish enemies , and to ransome them as enemies ; and if any irish enemy received to the kings allegiance shall afterwards rob , spoyl , and destroy the kings liege people , it shall be lawfull for every liege-man that may meet with him afterwards , to do with him , and his goods and chattels as to enemies who were never liege , and to ransome them at their free will , without any impeachment of the law . and ch. 6. if any men , except knights & prelates shall wear gilded bridle , pestrels , or other harneys , that it shall be lawfull to every man that will , to take the said man his horse and harnesse , and to possess the same as his own goods , without endictment or legal tryal . all which would be monstrous in england . therfore it is much more legal and just , and no injurie at all to try the prisoner , an arch-rebel in england , in this time of war and combustion in ireland , for his treasons there perpetrated , by an indifferent , honest , lawfull english jury , upon an endictment found by the grand inquest , than thus to kill , behead such malefactors in ireland , and seise both them and their goods as enemies , and ransome them at pleasure without tryal , jury , or endictment , and not only to indemnifie but reward those that do it , by laws there made by the english , and irish themselves : which will answer all objections , and wipe off the least shadow of injustice in this case , and tryal . the third objection is this , that if irish peers had been within this law , there being so many rebellions in ireland since its enacting , we should have had some presidents of irish peers here tried by jurie , ere this ; but there is no such president extant ; therefore certainlie irish peers for treasons perpetrated in ireland are out of this act . to this i answer , 1. that no irish peers have been tried by their peers in ireland for treasons since this act ; ergo they are within i● . 2. that this argument is merely fallacious and non concludant : for the reason why no irish peers have been tried here since this law by vertue of it , is not because they were not deemed within it , but for other reasons . 1. because most of the irish peers ▪ who have been in actual rebellion since this law , were * either actually slain in the wars , or fled the kingdom , or else were received into grace , and pardoned before tryal upon their submissions ; or else attainted and executed by act of parliament , or by martial-law in ireland . and by these means onlie avoided their trials here . 2ly . because some irish rebels , as great as magwire , or anie of their peers in power and estate , have been heretofore tried and executed for treason in england by vertue of this law ; though brought over hither from ireland against their wills ; as orourke and sir john parrot of old , and mac-mahon the last term ▪ and the tryals of these three here are direct presidents in point , and good warrant by this very act for the tryal also of this irish peer , as i have proved . 3ly . this statute is not very antient , yet still in as full force as ever , and if this be the first president of an irish peer that came judicially in question here in england , to be tryed upon it since its making , it is no argument he is out of this law , but rather an inducement to make him a leading president to those rebellious peers of that nation , who have been the ring-leaders of the ordinary commons there in this grand rebellion , there being no president , judgement , nor foild season against it ; yea ●ome judgements in case of irish commons , and many unanswerable reasons for it . the fourth objection is , the opinion of the book in dyer , f. 360. ●● . forecited , recited in cromptons jurisdiction of courts , f. 23. a. and mr. st. johns argument at law at straffords attainder , p. 63. that an irish peer cannot be tryed here in england for treason done in ireland , neither by his peers , nor by a jury , because he is no subject of england . to this i have * already given an answer , and shall here only adde . 1. that the only reason given in the book hath been since several times adjudged to be no reason at all nor law , by all the judges of england , a subject of ireland being a * subject to the king of england in all places , as is adjudged in calvins case , and that wrey disclaimed any such opinion delivered by him as is there reported . therefore the reason of this opinion being adjudged erroneous and no law , the opinion it self grounded on it , must needs be so too . the rather , because the opinion there cited was upon a case casually put and moved out of court by way of discourse , without study or argument , and suddenly delivered only by dyer and gerrard ( since wrey disclaimed it ) but not given upon any cause actually depending or debated and argued in court . 2ly . that it is a full authority for me , both because it determines , there can be no tryal of an irish peer by his peers in england but only by a jury ; and that in ireland it self , peers are not used to be tryed by peers , but attainted by act of parliament ; therefore an authority point-blank against the prisoners plea . the 5th objection is orourks case ; which in judge andersons own book of reports , is put thus , whether orourk an irish subject ( and no peer nor baron of ireland ) might be tryed by this act here in england , for treasons committed in ireland ? which words ( nient esteant , un peer ou baron de ireland ) in the putting of the case seems to intimate , that in that case the opinion of the judges was , that an irish peer was not within this act . to which i shall return this brief answer , that this clause , not being a peer or baron in ireland , in the putting of that case , was only a description of the quality of his person , he being no peer or baron of that realm , not any point in or part of the case , there being not one syllable in the whole debate or argument of it , by way of admission or otherwise , that an irish peer was not within this act ; and in this very case the judges resolved the book in dyer to be no law , and wrey disclaimed any such opinion of his therein reported , as sir edward cooks institutes on littleton , fol. 261. b. records . the 6th . objection is this , ( intimated in an order of the lords house ) that this may much concern the peers of england ; for this law for trying forein treasons is enacted in ireland ; and so by colour of it english peers may be sent over into ireland to be tryed there by a jury of irish commoners , for treasons done in england , as well as irish peers sent thence to be tryed by ordinarie juries here in england for treasons committed in ireland . i answer , 1. that there is no such law extant in ireland , that i can fi●d , among all their printed statutes , so as this is a vain surmise . but 2ly . if there were any such law there , yet england being the supreme realm to ireland , may make laws in the parliament here to bind the irish peers and commons , but the parliament in ireland being a * subordinate realm to england , never yet did nor can make any laws at all to bind any english peers or commons for things done in england , ( untill the rebels there shall be able to conquer england , which i hope they never shall ) as we have conquer'd them . therefore we need not fear any such obliging laws of theirs , or the tryal of english peers in ireland . so as this vain fancy is quite out of dores , and the lords themselves upon conference with the commons , have been fully satisfied that this case no waies concerneth the peers of england , whose tryal by their peers is by direct proviso saved to them in this act , and therefore cannot come in question , or be taken from them by pretence of any such law established in ireland ; whereupon they have revensed their order , which seemed to give some colour for this objection . pat. 48h . 3. pars . 1. m. 8. i find this memorable record . rex , &c. omnibus salutem . cum secundum consuetudinem hactenus in hibernia obtentam , utlagati in regno nostro angliae pro utlagatis in hibernia haberi non consueverunt , & gregorius le somner , ratione utlagariae in ipsum promulgatae in regno nostro angliae●uper captus fuit in hibernia & in angliam reductus & imprisonatus ; nolumus quod fidelibus nostris hiberniae aliquod praejudicium ex hoc in posterum gravetur . in cujus , &c. teste rege apud turrim london . 26 die junii● . if englishmen outlawed in england could not by the law and custome of ireland , be taken upon a c●pias utlagatum in ireland , or reputed as out-lawed persons there , as this patent resolves , much less can they there be tried for any treasons acted in england by colour of this law , nor can our english peers be there tried for treasons here by an irish jury . a seventh objection , which i have heard made by some , is as vain and absurd as the former , that if irish peers be within this act for treasons done in ireland , then by the same reason peers in scotland might be sent for and brought into england , and there tryed by an ordinary jury by vertue of this law , for treasons done in scotland ; which would be a great prejudice to the peers of scotland , and the privileges of that kingdome . i answer , 1. that this act extends not to any treasons of scots lords or commons committed or acted in scotland , and tryable there , though it reacheth to irish lords and ireland . 1. because this act was made long before the union betwixt england and scotland , by 1 iac. c. 2 , 3. iac. c. 3 , 4 iac. c. 1. & 16 caroli : whiles that scotland was under the absolute and immediate power of its own kings , and not of the kings of england , and so it cannot extend to them . 2ly . scotland , although the * kings of it have often done homage to the kings of england , in antient times , as their soveraign lords ) was still an absolute independant kingdom in this respect of being subject only to & governed by its own parliaments , and laws . but not subordinate to nor governed by the laws or parliaments of england , which never bound them heretofore , nor now , as they did and do ireland ; their laws and statutes and ours still continuing different . therefore this act neither did nor could bind the scots peers or commons in point of tryal here for treasons committed in scotland , as it binds the irish ( still subject to our laws and parliaments ) for treasons done in ireland . 3ly . the very acts of pacification between both kingdoms & the solemn league and covenant passed this parl. here & in scotland too , which do specially reserve the tryals of all traytors and delinquents of either kingdom , to the tryal and judicatory only of their own parliaments and realms ) have for ever provided against this vain pretence , and secured not only all scotish peers but commoners too against any tryals here by vertue of this act for treasons done in ireland ; therefore i shall give it no further answer . the last objection i can think of is this , that in every case of treason or felony new made by statute , the lords of parliament in england shall have their tryal by their peers saved , not withstanding the statute provides not for it by express words ; so that provisoes of tryal by their peers inserted into them in such cases , are but idle , and ex abundanti , because it is provided for both by the common law and by magna charta it self , c. 29. and so was it adjudged in the case of the lord hungerford heretofore , and in the earl of castlehavens case of late for buggery , upon the statute of 25 h. 8. c. 6. stamfords pleas of the crown f. 152 , 153 & cromptons iurisdiction of courts f. ●9 . therefore the tryof irish peers by their peers shall be likewise saved to them within this act , though it be not expressed , as well as the tryal by peers is to english peeers by expresse provisoe . i answer , first , that this rule holds generallie true in all cases of new treasons and felonies where the offences only are made capital , or punishable according to the antient , usual , and ordinarie proceedings of law , and the manner of the tryal of them left at large and not preciselie limited how and by whom they shall be tryed ; as they are in the objected cases upon the statutes of 25 h. 8. c. 6. & 5 eliz. cap. 17. concerning buggery : where the words are , that this vice shall be adjudged felony , and that such order and form of process shall thereupon be used against the offenders , as in cases of felony at the common law , and that the offenders being thereof convicted by verdict , confession , or outlawry , shall suffer pain of death , &c. which words without the least contradiction , stand as well with tryal of peers who are guilty of it by their peers alone , as of commons by a jury , they being both according to the order of our common law , and a verdict by peers is as properlie stiled a verdict in law , as a verdict by jurie , witnesse 1 h. 4. 1. and cooks 3 institut . ch. 2. p. 30. but in the statute of 35 h. 8. there is no creation or introduction at all of any new treasons , but only an introduction of a new form and way of tryal for treasons formerly made and declared such , then done , or hereafter to be committed out of this realm , and that new form of tryal precisely limited in all particulars , and especially enacted to be by an ordinary iury , except onlie in case of our english peers ; therfore this statute comes not at all within the objection , because it particularlie defines the place where , the judges before whom , the juries by whom , with the whole form and manner how , such forein treasons shall be tryed , with all other circumstances of the tryal , and expresly prescribes ; that all but english peers indicted for forein treasons , shall be tryed by good and lawfull men of the shire where the kings bench or commissioners sit . therefore to alter this form of tryal precisely prescribed by this statute , by introducing a new tryal by irish peers , is to run quite cross against , and elude , repeal this sta●ute , as i have argued and proved at large . i have now quite done with my argument of this new untroden case , and i hope therein sufficiently manifested , that this plea of the prisoner is invalid , and such as ought to be over-ruled in point of law : and therefore as he hath been sent for over from ireland by the wisdome and justice of our parliament , and by the lords , justices , and councel there transmitted hither to receive a just , and speedy tryal at this bar for his bloody treasons , which there ( in respect of the rebels power , tumults in that realm ) he could not conveniently undergo : so i humbly pray on the behalf of the king , kingdome , parliament , and our whole english nation , to all which he hath been such a capital traytor and enemy , that this plea of his may presently be over-ruled , and himself brought to his speedy tryal , iudgement and execution for his unparallel'd treasons , and the blood of those many thousands of innocent english protestants shed in ireland upon this occasion , which cries for justice and execution against him without further delay . the rather , because nulli differemus justiciam , is one clause of that very act of magna charta , ca. 29. which he hath pleaded in bar of his tryal , of which i pray both he and the whole kingdom may now enjoy the benefit , by his undelayed tryal and execution too , in case he shall be found guilty of the treasons for which he stands indicted ; of which there is little doubt , since so fully confessed by himself in a writing under his own hand , and we are ready to make them good against him , as we have already done against his confederate mac-mahon , by the testimony of a clowd of honorable pregnant witnesses , in case he shall deny it . after two arguments at the bar on both sides of this case , justice bacon argued it himself , and delivered his opinion and judgement against the prisoners plea : that though he be a baron of ireland , yet he was triable for his treason by a middlesex jury in the kings bench , and outed of his peerage , by 35 h. 8. c. 2. which iudgement was approved by this order of both houses of parliament . die lunae 10 febr. 1644. ordered by the lords and commons in parliament assembled , that the said houses do approve of the judgment given by master justice bacon , in over-ruling the plea of the lord magwire , and of the manner of the tryal by the indictment of high treason in the kings bench : and the judge is hereby required to proceed speedily thereupon according to law and iustice . john brown cler. parl. henry elsing cler. parl. d. c. upon which on monday febr. 10. 1644. he was brought from the tower of london to the kings bench bar , & there arraigned ; where putting himself upon his trial he challenged 23 of the jury which appeared peremptorily ; whereupon a distring as was awarded to the sheriff of middlesex to retorn quadrag●nta tales the next day ; of whom he challenged 12 more peremptorily : and being tryed by twelve of the residue retorned ( against whom he had no legal exception nor challenge ) he was upon his own confessions and pregnant evidence of 15 witnesses ( persons of quality ) found guilty of the treasons , for which he was indicted ; and thereupon febr. 11. was adjudged tobe drawn to tyburn , and there hanged by the neck , and cut down alive , and then his bowels to be taken out , and there burnt before his face , his head to be cut off , and his body to be divided into four quarters , and then to be disposed as the parliament shall appoint : which was accordingly executed the 20th . of febr. even so let all such perfidious bloody traytors perish . to fill up the vacant pages of this sheet , i shall annex this one record , and also one irish act , being both very pertinent to my argument . pat. 1 e. 1. m. 20. hibernia . venerabili in christo patri eadem gratia midden episcopo , & dilectis & fidelibus suis mauricio filio ▪ mauricii , justiciario suo hibern ▪ et magistro johanni de saumford escaetori suo hibern . salutem . cum de●uncto jam celebris memoriae domino h. rege pa●re nostro ( cujus animae propicietur altissimus ) ad nos regni angliae gubernacu● ▪ et terrae hibern . dominium per●ineant , ob quod praelati ▪ comites , & pro●eres , as communit●s regni nostri nobis tanquam domino suo ligio et regi fidelitat●s juramentum & omnia alia quae nobis rations coronae & dignitatis regiae ab ipsis fieri & praestari nobis , in absentia nostra , poterunt plenariè & sine omissione aliqua prompto & liben●i animo praestiter int : ac archiepiscopi episcopi , abbates , priores , comites , barones , milites , libere tenentes , ac tota communi as terrae nostrae hiberniae nobis tanquam * regi & domino suo ligio consimile sacramentum fidelitatis praest are teneantur . dedimus vobis potestatem recipiendi nomine nostro fidelitatem ipsorum . ita tamen quod si vos omnes interesse nequiveritis , tune duo vel unus ●estrum qui praesens fuerunt nichilominus plenariam habeat potestatem rec●p●endi nomine nostr● fidelitatem ipsorum in forma praedict● . et ideo vobis mandamus quod fidelitatem praedictam nomine nostro recipiatis , prout melius videbitis expedire . in cuju● , &c. dat. per manum w. de merton c●nc . apud westm. vii die decembris . 33 h. 8. c. 1. made in ireland . an act that the king and his successors , to be kings of ireland . forasmuch as the king our most gracious dread soveraign lord , & his graces mostnoble progenitors kings of england , have been lords of this land of ireland , having all manner kingly jurisdiction , power , preeminences and authority royal belonging or appertaining to the royal estate and majesty of a king , by the name of lord of ireland , where the kings majestie , and his noble progenitors , justly and rightfully were , and of right ought to be kings of ireland , and so to be reputed , taken , named and called , and for lack of naming the kings majesty and his noble progenitors kings of ireland according to their said true and just title , stile and name , therein hath been great occasion that the irishmen and inhabit ants within this realm of ireland have not been so obedient to the kings highness and his most noble progenitors , and to their laws , as they of right and according to their allegiance and bounden duties ought to have been . wherefore at the humble pursute , petition , and request of the lords spiritual and temporal , and other the kings loving , faithfull and obedient subjects of this land of ireland , and by their full assents , be it enacted , ordained , and esta blished by this present parliament● that the kings highnesse , his heirs and successors kings of england , be alwaies kings of this land of ireland , and that his majesty his heirs and successors , have the name , stile , title and honor of king of this land of ireland , with all manner of honors , preheminences , prerogatives , dignities , and other things whatsoever they be , to the estate , and majesty of a king appertaining or belonging : and that his majesty , his heirs and successors be from henceforth named , called , accepted , reputed and taken to be kings of the land of ireland : to have , hold and enjoy the said stile , title , majesty and honors of the king of ireland , with all manner preheminence , prerogative , dignities , and all other the premises , unto the kings highnesse , his heirs and successors for ever , as united and knit to the imperial crown of england . and be it further enacted by authority aforesaid , that on this side the first day of iuly next comming , proclamation shall be made in all shires within this land of ireland , of the tenour and sentences of this act. and if any person and persons , of what estate , dignitie or condition soever they or he be , subject or resiant within this land of ireland , after the said first day of iuly by writing or imprinting , or by any exteriour act or deed , maliciously procure or do , or cause to be procured or done , any thing or things to the peril of the kings majesties most royal person , or maliciously give occasion by writing , deed , print , or act , whereby the kings majesty his heirs or successors , or any of them might be disturbed or interrupted of the crown of this realm of ireland , or of the name , stile , or title thereof , or by writing , deed , print or act , procure or do , or cause to be procured or done any thing or things to the prejudice , slander , disturbance , or derogation of the kings majesty , his heirs or successors , in ▪ of , or for the crown of this realm of ireland , or in , of , or for the name , title , or stile thereof , whereby his majesty , his heirs or successors , or any of them might be disturbed or interrupted in body , name , stile , or title of inheritance , of , in , or to the crown of this land of ireland , or of the name , stile , title , or dignity of the same ; that then every such person and persons , of what estate , degree or condition they be , subject or restants within the said land of ireland , and their aydors , counsellors , maintainers , and abbetters therein , and every of them , for every such offence , shall be adjudged high traytors , and every such offence shall be adjudged and deemed high treason , and the offendors , their aydors , counsellors , maintainors and abbettors therein , land every of them being lawfully convicted of any such offence by presentment , verdict , confession , or proofs , according to the customs and laws of this said land of ireland , shall suffer pains of death , as in cases of high treason , and also shall lose and forfeit unto the kings highness , and to his heirs kings of this realm of ireland , all ●such his mannors , lands , tenements , rents , reversions , annuities , and hereditaments which they had in possession as owner , and were sole seised of in their own right , of , by , or in any title or means , or in any other person or petsons had to their use of any estate of inheritance at the day of any such treason and offences by them committed and done ▪ and that also every such offendor shall lose and forfeit to the kings highness and to his said heirs ▪ as well all such estates of freehold , and interest for years , of lands and rents , as all the goods ▪ cattels and debts , which they or any of them had at the time of their conviction or attaindour , of or for any such offence : saving alway to every person and persons , and bodies politique , their heirs , successors , and assigns , and to every of them , other than such persons as shall be so convicted or attainted , their heirs and successors , and all other claiming to their use , all such right , title , use , interest , possession , condition , rents , fees , offices , annuities , commons and profits , which they or any of them shall happen to have , in , to , or upon any such mannors , lands ▪ tenements , rents , reversions , services , annuities and hereditaments , which so shall happen to be lost and forfeited by reason and occasion of any of the treasons or offences above rehearsed any time before the said treasons or offences committed or done . finis . errata . page 20. l. 4. r. either . p. 33. l. 15. r. it , or rather that of pat. 6. johan . reg. m. 6. l. 33. r. statuatur . l. 35. dele de p. 39 l. 33. & 38. c. 1. r. 2. p. 58. l. 23 should come in l. 25. before authorizing . p. 59. l. 8. r. peytr●ls . p. 64. l. 25 , ireland r. scotland . notes, typically marginal, from the original text notes for div a91287e-410 a an exact collection , p. 8. b see straffords impeachment & tryal . * 2 stamf. l. 2. c. 63. 1. h. 7. f. 23. c cooks 4 instit. c. 6. * stamf. l. 2. c. 60. d cooks 3 th●●● . p. 27. stamf. pleas of the crown l. 3. c. 7. 32 h. 6. f. 26. 14 h. 7. f. 19. brook chal 86 , 211 , 217. * page 32 to 9. 42 to 49 , 38 , 59 , 63 , 68 , 59. e ror. . pat. an. 9. iohan. reg. m. 4. n. 46. k hoveden , annal. pars post . p. 527 , 528 , 529. giraldus cambrensis , hybernia expugnata , l. 1. & 2. chron. johan . bromton , col . 1069 , 1070 , 1071. mat. westm. & mat. paris , an. 1171 , 1172. & others l typographia hybernia , c. 20 , 22 , 24. m hybernia expugnata , l. 2. c. 25. p. 808. n hybernia expug . c. 97. o hist. ang. edit. lond. 1640. p. 126. p hybern . expug . l. 1. c. 34. q mat. paris h●st. a●gl . p. 230. h●n . de k●yghton de event . angl. l. 2. c. 15. col . 2420. r sir iohn davis his irish reports , p. 37 , 38. ſ stamfords plees of the corone , l. 3. c. 1. to 8. cooks 2 instit. p. 48. to 53. 3 instit. c. 1 , 2. brook , fitzh. statham , ash ▪ ●ir . coron . trial , treason . t see sir walter rawlegh his preface to the history of the world , d. beards theatre of gods iudgements on the 6th . commandement . u see lyra , tostatus , lavater , polanus , maldonat , cornelius a lapide junius , and otherson these texts . x a declaration of the armies engagements , &c. p. 36 , 37. 112 , 114. * see here p. 19. crooks 1. rep. m. 14 car. p. 511 , 512. * claus 39 e. 3. m. 12. de erroribus corrigendis in parliamentis tenendis in hibernia . * see pat. 8. johan . regis , m. 1 , 2. pat. 9. iohan. reg. m. 4. n. 26. nota. * see 2 e. 3. c. 8. 18 e. 3. stat. 3. 20 e. 3. c 1. 2 claus. 5. e. 3. part 1. m. 27. 1 r. 2. n. 96. 2 r. 2. n. 51. claus. 20 e. 3. part 1. dors . 13. * a new discovery of the prelates tyranny , p. 5● 37. 122 , 147. notes for div a91287e-4370 the case and plea of the lord magwire . what not in question . * see 3 e. 4. c. 1. in ireland . the question the act of 35 h. 8. c. 2. question 1. * see the statutes of ireland , 3 e. 2. c. 4. 18 h. 6. c. 2 , 3. 25 h. 6. c. 4 , 5. 28 h. 6. c. 1. 1 e. 4. c. 2. 5 e. 4. c. 6. 18 e. 4. c. 2. 10 h. 7. c. 6 , 8 , 9 , 10 , 13 , 17 , 19. 28 h. 8. c. 1 , 3 , 9 , 11. 3 phil. & mar. c. 11. 1 eliz. c. 6 , 17. 27 eliz. c. 1. 28 eliz. c. 8 , 9. 11 jac. c. 4. and the annals of ireland . * see mr. st. iohns argument against strafford , p. 52 , 53. quest . 2d . * see cooks 3 instit. p. 34. * acts 10. 3 , 4. rom. 2. 11. eph. 6. 9. col. 3. 25. 1 pet. 1. 17. * see 25 h. 8. c. 3 , 10 , 13 , 26 h. 8. c. 2. 32 h. 8. c. 4 , 7 , 9 13. 5 eliz. cap. 9. 14 , 15 , 21 , 22 , 23. 8 eliz. c. 2 , 3 , 4. 13 eliz. c. 8. 13 , 14 eliz. c. 3. 1 , & 2 phil. & mar. c. 3. 1 eliz. c. 6. * see cooks 3 instit. p. 31. * see 26 h ● c. 13. 1 e. 6. c. 11. * 1 h 7. 3. co. 7. rep. calvins case , f. 16 , 17 , 23. cooks instit. 1. p. 35 mr. st. johns argument at law at straffords attainder , p. 61 , 62. * mat. parls an. 1230. mr. cambdens ireland p. 114. to 140. the annals of ireland in mr. camb. britan. p. 154 , 156 , 157 , 158 , 159 , 160 , 162 , 163 , 164 , 165 , 166 , 167 , 168 , 869 , 170 to 201. * see 1 e. 3. rot . parl. n. 4 , 5 , 6. 6 e. 3. n. 11. 6 e. 3. parl. 2. n. 3. 7 r. 2. n. 4. 13 r. 2. n. 2. see p. ● . * upon which ground writs of error lie in the kings bench in england , to reverse erroneous judgments in the courts and parliaments of ireland , cooks 4 inst. p. 352. mr. st. johns arment at law against strafford , p. 58 , 61. * dr. jones others printed relations concerning the irish rebellion . quest . 3d. * see dyer f. 31. 232 , 298 , 360. cooks ● rep. f. 23. 11 rep. f. 65. * 21 h. 7. 7 br alienation 9. 30 e. 3. 17 br. alienation , 23 & 30. * seldens tit. of hon. p. 837 , 840 , 841. * cap. 29. see cooks 2 inst. p. 48 , 49. * page 202 to 307. * see my plea for the lords and house of peers . p. 202 , 203 to 309. where this is largely proved , & p. 424. * 3 instit. f. 30. * 1 el. c. 1. 6 ▪ * par. 1 h. 3. m. 3. * king hen. being then a minor and under his regiment . * mat. paris hist. angl. p. 278. * claus. 12 h. 3. pars 1. m. 8. * rot. pat. 30 h. 3. m. 3. sir iohn davis irish rep. p. 37. cooks 4 instit. p. 350. 1 instit. f. 141. b. mr. st. iohns argument at straffords attainder . p. 55. * nota. * mr. st. iohns argument at straffords attainder , p. 37 , 53. here p. 2. * rot. pat . 8 e. 4. in cancel . hiberniae ; mr. seldens titles of honor . booke 2. c. 6. 〈…〉 841. * pat. 21 h. 8. pars 2. 8 decemb. * titles of honor , book 2. c. 6 , 7. object . 1. answ . * here p. 32 , 33 , 34. * here p. 3 ▪ * here p. 32 , 33 , 34. * see cook ibid. * co. 2 instit. proem. * page 30. object . answ . * see horns m●r●our of justices , p. 314 , 315. * see an exact abrigement of the records p. 372 , 379 , 380. object . 2. argument 2. answer . * see an exact abridgement p. 567 , 568. cooks 4 instit. p. 123 , 124. * cambdens ireland , p. 111 , 120 , 121 , 199. * see stamf. l. 3. c. 7. 7 h. 7. 12. brook challenge 217. fitzh. stathams and brooks abridgements , and ashes table , title challenge , * cooks 3 institutes , p. 27. a see fitzh. brook , ash . title jurors , tryal , enquest . b 1 h. 4. 2. 27 h. 8. 22. & 13 h. 8. 11 , 12. brook treason 29 , 33. 10 e. 4 , 6. cooks 3 inst. p. 28 , 29. 2 inst. p. 49. c 2 eliz. c. 1. & 6. * godwins catalogue of bishops , p. 605 , 606 , 232 , 233. * though peers . object . 3. * see the annals of ireland , and mr. camb. in ireland , p. 121 to 200. object . 4. * here p. 40 , 41. answer . * see here p. 32 , to 42. object . 5. answ . object . 6. answer . * see crokes rep. p. 264 511 , 512. object . 7. answer . * see hov. p. 545 , 546 , 550. walsingham . hist. angl. p. 48 to 56. mat. paris hist. ang. p. 417 , 433 , 666 , 667 , 29 e. 1. ro● . claus. dors . 10. claus. 33 e. 1. dors . 13. scedula claus. 34 e. 1. dots . 10. claus. 10 e. 3. dors . 9. * 1 jac. c. 2. 3 lac . c. 3. 4 lac . 1. object . 8. answ . notes for div a91287e-24010 * not ● . the star . of ireland , prin-dublin 1621. p. 183. newes from ipswich discovering certaine late detestable practises of some domineering lordly prelates, to undermine the established doctrine and discipline of our church, extirpate all orthodox sincere preachers and preaching of gods word, usher in popery, superstition and idolatry : with their late notorious purgations of the new fastbooke, contrary to his majesties proclamation, and their intolerable affront therein offred to the most illustrious lady elizabeth, the kinge onely sister, and her children, (even vvhiles they are novv royally entertained at court) [i]n blotting them out of the collect, and to his majesty, his queene, and their royall progeny, in blotting them out of the number of gods elect. prynne, william, 1600-1669. 1636 approx. 27 kb of xml-encoded text transcribed from 8 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a10191 stc 20469.7 estc s4425 24384655 ocm 24384655 27604 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a10191) transcribed from: (early english books online ; image set 27604) images scanned from microfilm: (early english books, 1475-1640 ; 1823:20) newes from ipswich discovering certaine late detestable practises of some domineering lordly prelates, to undermine the established doctrine and discipline of our church, extirpate all orthodox sincere preachers and preaching of gods word, usher in popery, superstition and idolatry : with their late notorious purgations of the new fastbooke, contrary to his majesties proclamation, and their intolerable affront therein offred to the most illustrious lady elizabeth, the kinge onely sister, and her children, (even vvhiles they are novv royally entertained at court) [i]n blotting them out of the collect, and to his majesty, his queene, and their royall progeny, in blotting them out of the number of gods elect. prynne, william, 1600-1669. [8] p. [s.n.], printed at ipswich : 1636. dated and signed at end: from ipswich november 12. 1636 ... matthew white. matthew white is a pseudonym for william prynne.--cf. stc (2nd ed.) and nuc pre-1956 imprints. signatures: [par.]⁴. reproduction of original in the harvard university library. includes bibliographical references. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of england -bishops. church of england -apologetic works. 2002-03 tcp assigned for keying and markup 2002-04 aptara keyed and coded from proquest page images 2002-05 tcp staff (oxford) sampled and proofread 2002-05 emma (leeson) huber text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion newes from ipswich . discovering certaine late detestable practises of some domineering lordly prelates , to undermine the established doctrine and discipline of our church , extirpate all orthodox sincere preachers and preaching of gods word , usher in popery , superstition and idolatry ; with their late notorious purgations of the new fast-booke , contrary to his majesties proclamation , and their intolerable affront therein offred to the most illustrious lady elizabeth , the kinge onely sister , and her children , ( even whiles they are now royally entertained at court ) in blotting them out of the collect ; and to his majesty , his queene and their royall progeny , in blotting them out of the number of gods elect. jer . 23. 1. wee be unto the pastors that destroy and scatter the sheepe of my pasture , saith the lord. acts 20. 28 , s9 . take heed therefore unto your selves , and to all the flocke over the which the holy ghost hath made you bishops , to feed the church of god , which hee hath purchased with his owne blood . for i know this , that after my departing shall grievous wolves enter in among you , not sparing the flock . printed at ipswich , an. 1636. christian reader this is the deplorable newes of our present age , that our presses formerly open onely to truth and piety , are closed up against them both of late , and patent for the most part , to nought but error , superstition , and prophanes . witnes those a many prophane erronious , impious books , printed within these 3. yeares by authority , ( pointblanke against the established doctrine of the church of england , and his majesties pious b declarations ) in defence of arminianisme , popery , and popish ceremonies ; and which is yet more impious and detestable , against c the very morality of the sabbath , and 4. commandement : the divine institution tule and intire religious sanctification of the lords-day sabbath and the necessity of frequent preaching , ( exceedingly pressed in our d homilies , and book of e ordination ) which some of our unpreaching , domineering secular prelates ( out of their arch-piety towards god , f and arch-charity to the peoples soules which they seeke to murther , ) now so far detest , that they not only give over preaching themselves , as no part of their function ; & suppresse most weekday lectures in divers countries ; but have likewise lately shut up the mouthes of sundry of our most godly , powerfull , painefull preachers , ( who have woon more soules to god in a yeare , than all the lord bishops in england or the world have done in diversages ) out of meere malice to religion , and the peoples salvation ; contrary to the very lawes of god and the realme ; and strictly prohibited ; under paine of suspention , in sundry diocesse , all afternoone sermons on the lords own day ; tha● so the prophane vulgar might have more time to dance play , revell , drinke , and prophane gods sabbaths , even in these dayes of plague and pestilence , g to draw downe more plagues & judgements on us , for this sin of sabbath-breaking , when as not onely the h synod of dort , but i sundry popish synods and bishops have bin so religious , as to prescribe two sermons every lords-day at least , in every parish church , to keepe the people from such prophanations of this sacred day . alas what could k belzebub the prince of devils , had hee beene an archbishop or lordly prelate here in england ( as there were many divels bishops , at least , bishops divels , in l bernards age , and most feare there are too many now , ) have done more against the strict intire sanctification of the christian sabbath day , to m make it the divels day in stead of the lords day and to advance his owne kingdome and service on it ; or against the frequent powerfull preachers , and preaching of gods word , and salvation of the peoples soules , then some luciferian lord bishops have lately done ? whose impiety in this kind transcends all presidents whatsoever in former ages . and yet these prophane , atheistical graceles persecutors of all holines , piety , sincerity , godly ministers , and preaching of gods word ( yea in these pestilentiall times , as meanes to spread the plague , though the n scripture , and o all former ages have prescribed fasting , preaching , and praying , as the chiefe antidots and cure against it ) will needs be lord b●shops p lure divino by the holy ghosts owne institution , ( who never yet instituted any q unpreaching , rarepreaching prelates or persecutors and suppressors of preaching ) and shame not to stile themselves , the r godly holy fathers of our church , and pillars of our faith , when as their fruits and actions manifest them to bee nought else but the very step fathers and caterpillars , the very pests and plagues of both . take out one fresh instance for an example : these desperate archagents for the divell , and pope of rome , and master-underminers of our religion , as they were the onely instruments of delaying the present generall fast in the beginning of the pestilence , s when it was most acceptable and requisi●e ; so , to shew their inveterate malice against preaching ( t the thing that the divell wrastleth most against all whose study hath beene to decay the office of preaching , which should not be deminished ) they ( contrary to his majesties pious intention , who hath so u oft protested against all innovations ) have cunningly caused all sermons ( the very life and soule of a fast , as being the onely means to humble men for their sins : & bring them to repētance , ) x to be prohibited on the fast-day , both in london and the suburbs , and in al other infected places , during the time of the infection in them ; in parishes not infected , ( as if preaching only of all gods ordinances were pestilenciall , & that on the fastday , not on others ; ) contrary to the presidents of all former ages , & the y orders sor the generall fasts in the two last great plagues which prescribed two sermons , of one houre long apeece , forenoone and afternoone every fast day , and that as wel in parishes infected as others : even in the summer season , when the infection was more contagious and raging than now . by which device they have not only made this fast distastfull to all * sorts of men in infected places , who have little heart unto it , robbed the poore of much charitable reliefe , and deprived the people of the spiritual food & physick of their soules , when they need and desire it most , to their intolerable griefe & discontent , but quite suppressed all settled wednesday lectures in london and other infected townes , as long as the infection shall continue in any one parish , though it should last these 7 yeares ( the thing they principally aimed at : ) forced many ministers & people to flie out of infected places into the country , to keep their fasts where there is preaching ; brought in a z famine of gods word , the greatest plague of all others , to the increasing & further spreading of the present pestilence , & drawing downe of gods wrath upon us to a the utter most , by inhibiting ministers in the time of greatest need , to preach unto the people that they may be saved . o heavens stand amazed at this unparalleld practise of impious popish prelats : but is this all ? no verily . for whereas his majesty b commanded that the booke of common prayer for the fast , formerly set forth by his authority upon the like occasion should be reprinted , these romish inquisitors have miserably gelded it , after it was new printed , in sundry particulars . first , they have purged out the prayer for seasonable weather ; one cause of the shipwracks , & tēpestuous unseasonable weather ever since its publication . secondly , they have dashed c the lady elizabeth and her children , in the old collect , quite out of the new ; as they have expunged both them , with our gracious king queene , and their children out of the catalogue of gods elect , by blotting out this clause ( who art the father of thine elect and of their seed ) out of the collect for them in this and all new common prayer bookes , as if they were all reprobates , & none of the number of gods elect , either to a temporall or an eternall crowne . o intollerable impiety ; affront , and horrid treason . thirdly , they have left out this collect : it had beene best for us &c. in the new book , ( though the most effectuall prayer of all ) because it magnifies continual , often preaching of gods word , and the scriptures , and calls our powerfull preachers , gods servants . a sig●e these prelates have conspired together like so many execrable traytors , to extirpate our frequent powerfull preachers and continuall preaching of gods word ( as they have d●ne in many places of late ) though prescribed by d god himselfe &c e our homili is fourthly , they have dashed this remarkable clause out of the first collect. thou hast delivered us from superstition and idolatry ( two grand causes both of many f former , and our present plagues no doubt ) wherein we were utterly drowned , & hast brought us into the most cleare and comfortable light of thy blessed word ; by which we are taught how to serve and honor thee , and how to live orderly with our neighbours in truth and verity : the rest of the collect remaining as before . now what can be the cause of this strange purgation , but a resolved professed conspiracy of these romish prelates , even now againe utterly to drown us in * popish superstition and idolatry ( which have now drowned us in gods judgements , by their stupendious late increase among us ) and to remove us out of the most cleare and comfortable light of gods word , by the which we are taught how to serve and honour him ( the true cause why they now suppresse lectures , preaching , and suspend our powerfullest preachers every where , ) that so we may walke on in romish hellish darknes , serving and honouring the pope and divell in stead of god , and live in all disorder , without truth or verity . fiftly , in the 6. order for the fast , they have pared away this passage . to avoide the inconvenience that may grow by the abuse of fasting ; some esteeming it a meritorious worke , others a good worke , and of it selfe acceptable to god without due regard of the end ; onely to gratifie the papists whose g doctrine this is , and to place some merit in this present fast : ) adding this clause to it ; in places where sermons are allowed by the proclamation ; of purpose to put downe wednesday lectures , and preaching in london and other places where any parish is infected . if these prelats then be thus desperatly wicked and popish , as to take advantage of gods judgements to suppresse the preaching and preachers of his word when it is most necessary and usefull , and to countenance , justifie , and set up popery , superstition , idolatry , error and disorder ( the chiefe causes of our plagues ) even in these dayes of pestilence , & that in the very fastbooke to abuse and h mock god to his face , to dishonor his majesty , and grieve his peoples soules ; how transcendently impious & popish wil they prove , when god shal stay this plague , if they bee not now deservedly punished for these their notorious impieties ? and is it not high time then for his majesty to hang up such archtraytors to our faith , church , religion , & such truebred sons to the roman antichrist , ( from whom i dr. pocklington bosts they are lineally descended ) & to execute judgement on them for these strange purgations , & other their romish innovations , whereat the whole kingdom crie shame ; which breed a general feare of a sudden alteration of our religiō ? certainly til his majesty shal see these purgations rectified , superstition & idolatry removed , gods sabbaths duly sanctified , the suppressed preachers & * preaching of gods word restored , and hang up some of these romish prelates & inquisitors before the lord , as the k gibeonites once did the 7. sons of saul , we can never hope to abate any of gods plagues , or draw down any of his blessings on us by l such a fast , and fastbook as this , but augment his plagu●s and judgements more and more , which have strangely increased since this fast begun , contrary to al human reason and probability , whereas it much decreased before ; the total number dying of the plague the week before the fast , being but 458. & 58 parishes infected , and the very first weeke of the fast 838 ( treble the number the 2. last greatest plagues ) & 67 parishes infected , m cambridge , norwich , hampton , bath , & other eminent places cleare before , being likewise visited since this fast begun ; a cleare evidence , that god is much offended with these purgations & the restraint of preaching on the fastday , against which some prelats are so mad , that they have silenced & persecuted divers ministers since the fast proclaimed , there being now so many suspended in our norwich diocesse , only for not yeelding to popish innovations , that in sundry churches they have neither prayers , preaching , nor fasting : which hath brought the plague among them , and made the people at their wits ends , many ministers & people there having left the kingdome , and thousands more being ready to depart the land , there being never such a persecution or havock made among gods ministers since q maries daies , as a lecherous proud insolent prelate hath there lately made against all lawes of god and man , to the astonishment of the whole realme . what then can wee expect but plagues upon plagues , till such desperate persecurors be cut off , & gods word and ministers restored unto their former liberty , by our most gracious soveraigne , persecution of gods ministers and people being one chiefe n cause of plagues ; wherefore o england , england , if ever thou wilt be free from pests and judgements , take notice of these thy antichristian prelates desperate practises innovations , & popish designes , to bewaile oppose , redresse them with all thy force and power : o all ye english nobles , courtiers and others , who have any love or spark of religion , piety , zeale , any tendernes of his majesties honour , or care for the peoples , the church or kingdoms safety yet remaining with in your generous brests , put to your helping hands & praiers to rescue our religion and faithfull ministers now suspended , from the jawes of these devouring o wolves , and tyrannizing lordly prelates ( raysed from the dungh●● ) who make havock of them both . o our most pious king charles as thou hast in two severall p declarations , protested before god to all thy loving sub●ects , that thou wilt never give way to the licensing or authorizing of any thing , whereby any innovation in the least degree may creepe into our church ; nor ever connive at any backsliding to popery ; and that it is thy hearts desire to be found worthy of that title which thou esteemest the most glorious in all thy crowne , defender of the faith ; to now behold these desperate innovations , purgations , and romish practises of thy prelates , in open affront of these thy declarations ; & now or never shew thy selfe ( as we all hope , beleeve , and pray thou wilt ) a prince more worthy of this glorious title , than any of thy royal progenitors , by rooting all popery , superstition , idolatry , errors , innovations , out of this church and & kingdom , by restoring the preaching , the preachers of gods word and purity of his worship , and q taking vengeance on these perfidious prelates , who have thus gelded thy fastbook , ( and intend to make an index expurgatorius upon all other ancient english writers ere they be reprinted , a thing considerable , ) thus openly abused thy onely sister , and her children , now present with thee ; oppressed and grieved thy faithfull subjects , dishonored thy god , betrayed thy religion , increased the plague among thy people , & as much as in them lyeth , robbed thee both of thy gods and peoples loves , & pulled thy crowne off thy royal head , to set it on their own trayterous ambitious pates , by exercising all ecclesiastical power , yea papal jurisdiction over thy subjects in their own names and rights alone ; and by trampling all thy lawes and subjects liberties like cobwebs , thy subjects like dogs and dirt , under their tyrannical papal feet . if thou thus r execute judgement on them and ease thy people from their intolerable tyranny , no doubt this plague shall be ceased , and this fast be pleasing to the lord ; else he wil not accept it , but proceed to plague us more and more . o blessed soveraigne , that thou didst but heare the severall cries and outcries of thy people against these persecuting prelates in many places , especially in our norwich diocesse , where little pope * regulus hath playd such rex , that hee hath suspended above 60. of our sincerest painefullest conformable ministers , both from their office and benefice , so as many of our churches ( as the like was never since king iohns dayes ) are quite shut up , and lord have mercy upon us may be written on their dores : the people cry for the bread of their soules , and their ministers are prohibited to give it them ; this not onely wounds but breakes their hearts , and makes them amazed . o therefore gracious soveraigne helpe now , and heare the petitions , cries , and teares of thy poore people , and hang up these popelings for these and other their innumerable oppressions , extortions , innovations and harmes , who suspend , imprison , and ruine others for meere toyes and trifles , yea for defending your royall prerogative against their papall usurpations . this is all the newes i shall now impart in this coranto , the next weeke god-willing , you shall heare of mr. dade his excommunicating of ferdinando adams , a churchwarden in our towne , for not blotting out this sentence of scripture written on mr. wards church wall over his bawdy theevish court. * it is written my house shall be called an house of prayer , but ye have made it a den of theeves ; which excommunication is of record in s●archamber ; of our bishops commanding . * wo is me if i preach not the gospel out of mr. scots church ; and of the strange proceedings at colchester against mr. samuel burrowes for inditing parson necoman for rayling in the communion table altarwiso , and causing the communicants to come up to the rayle to receive , in a new unaccustomed maner , contrary to the statute of 1. eliz. c. 2. and his majesties declarations , this last michaelmas sessions : which inditement the grand-iury hath found , but his majesty yet can get no judgement . in the meane time , i shall conclude my newes with the words of patricke adamson archbishop of st. andrtwes , in his * publike recantation in the synod of fiffe , aprill 8 , 1591. that the office of a diocesian bishop hath no authority at all to support it in ths word of god ; that it is only founded on the politicke divise of men ; that the primacy of the pope or antichrist sprung from it that it is worthily condemned and that it hath been for 500. years and more the chiefe originall and instrument of suppressing the preaching of gods word in all kingdomes , as all ecclesiasticall historians testifie : i therefore shall close up all with the collect on s. matthias day ; almighty god , which in the place of the traytor * bishop iudas , didst chuse thy faithfull servant matthias , to be of the number of the 12 , apostles : grant that thy church , being alwaies preserved from false apostles , may be ordered and guided by faithfull and true pastors , through iesus christ our lord. and with the collect on st. peters day ; almighty god , which by thy sonne iesus christ hath given to thy apostle st. peter many excellent gifts , and commandedst him earnestly to feed thy flocke : make ( wee beseech thee ) all bishops and pastors * diligently to preach thy holy word , and the people obediently to follow the same , that they may receive the crowne of everlasting glory , through iesus christ our lord , amen . from ipswich november 12. 1636. thine in the lord , matthew white . notes, typically marginal, from the original text notes for div a10191-e130 a shelfords 5. treatises , rheeve communion book catechisine expounded , chounaeus collect , a coale from the altar , the female glory , studley dr. lawrence , and brownes sermons , with others . apparatus ad hist. ecclesiast . b before the 39 articles and concerning the parlaments dissolution , p. 20 , 21 , 22 , 42. c the treatise , history doctrine , and discourse of the sabbath ; a soveraigne antidote . dr. primrose , rheeve shelford , & powel , in the life of king iue . d preface to them , of the right use of the church e exhortation to those that are to be made ministers . f bp latimers 2 , 4. 5. 6. sermons before king edward , and his sermon of the plough . g neh. 13. 17 , 18 levit. 26. 46. to 55. ier. 17. 17. ezech. 20 13. to 22. the fastbooke 1. iacobi & caroli , and the examples of of gods judgements upon sabbath breakers . h sessio 14 i apud bochel . decreta eccles. gal l. 1. tit. 3. c. 10. 11 , 13 , 16 , 17 , 18 , 37 , 52. & l. 4. tit. 7. c. 26. k matth 12. 24. l sermo 33 in cant , & in concil . rhemensi . m hom. 3. against rebellion p. 293 and of the time & place of prayer . n 2 chron. 6. 28 , 29 , 30. c. 7 , 13 14. num. 25. 6. to 10 ioel 1 & 2 zeph 2. 1. 2 , 3. o see the fast booke 1 iacobi . & caroli . p bp. bancrofts sermon , & bp. whites . treatise of the sabba●h day , epist. ded. q act. 20. 28. 1. tim. 3 2 c 4. 11. to 17. 2 tim. 4. 1. to 4. t it 1. 9. c. 2. 1. ●0 13. c. 3. 1. to 12 1 pet. 5 1. 2 , 3. r bp. white epist. ded. to his treatise of the sabbath : & rheeu ● epist. ded. before his exposition of his catechisme in the communion booke , & p. 2. s zeph. 2. 1 , 2 3. num. 16. 46 t bp latimers 4. & 6. sermons before king edvv which i would our prelates would now peruse and his sermon of the plough u declaration before the 39. articles , and of the dissolution of the parliament . p. 21. 42. x zeph. 2. 1 , 2. 3 isay 58. 1 to 8. ier. 23. 29. c. 36. 6. to 11. acts. 16. 18. heb. 4. 12 , 13 , 2 tim. 2. 25. 26. y order 6. for the fast. * who stile it a dumbe fast and a mockfast . z amos 8 11,12 . a 1 thes. 2 15,16 isay 30 9 to 17 2 chron. 34. 16. b see the proclamation c the collect for the queene , &c d 2 tim 4. 1 to 5 lu 19. 47. c 21 37 iohn 18. ●o . act. 2. 46. 47 , c 5. 42. e of the right use of the church f num. 25 1 , to 10. c. 31. 16. iosh. 22. 17. 2 chro. 21 13. 14. psa. 106. 28. 29 ezec. 5. 11 12. 17. c. 6. 11. 12 c. 12 16 c. 14. ● , 19 , 21. amos . 4. 4 , 10. * witnes their a●tering of the gunpowder treason booke , their pleading for the pope and church of rome , and setting up altars , lmages , crucifixes , and bowing to them in all cathedrals , and elsewhere , and in their own chappels . g bellarmine de bonis operibus . l 2 c. 11. bonavent . diet. sa c. 15. h iob 13 9 gal. 6. 7. i sunday no sabbath , p. 2. & 44. * the honor and safety of the kingdome . 2 chron. 17. 7 , 8 , 9 , 10. k 2 sam 21. num. 25. 4. l isay 58. 3 , 4 , 5 , &c. m and that the very next weeke after an order there published , that every scholler shoud bow to the altar and at the name of iesus , under paine of expulsion out of the university after two admonitions , an idolatrous and superstitious order . n ezech. 28 23 , 24 , c. 38. 28 , 22. ezech. 14. 12. eusebius eccles . hist. ● . 9. cap 8. cent . mag. 3. c. 3. p. 31 32. cent. 4 c. 3. p. 156. henry holland his spirituall preservatives against the plague . o act. 20 29. p before the 39. articles : and of the dissolution of the parliament , page 21. 42. q rom. 13 4. r psal. 106. 30. * it signifies both a little king , a wren , and likewise a serpent , called a basiliske , socalled because like a tyrant he killeth men with his very scent . * matth. 21. 13. * 1 cor 9. 16. * patricij adamsoni palinodia p 55. * acts 1. 20 , * whith few bishops now doe . a moderate and most proper reply to a declaration, printed and published under his maiesties name, december 8 intended against an ordinance of parliament for assessing, but indeed animating and encouraging the malignants, and delinquents, in their violent courses, for the maintenance of themselves, and their malignant army. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a51058 of text r41506 in the english short title catalog (wing m2320a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 28 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a51058 wing m2320a estc r41506 31355469 ocm 31355469 110483 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a51058) transcribed from: (early english books online ; image set 110483) images scanned from microfilm: (early english books, 1641-1700 ; 1747:20) a moderate and most proper reply to a declaration, printed and published under his maiesties name, december 8 intended against an ordinance of parliament for assessing, but indeed animating and encouraging the malignants, and delinquents, in their violent courses, for the maintenance of themselves, and their malignant army. prynne, william, 1600-1669. [8] p. [s.n.], london : printed, 1642. attributed to william prynne --cf. nuc pre-1956 imprints. imperfect: print show-through. reproduction of original in the huntington library. eng england and wales. -parliament. great britain -history -civil war, 1642-1649. great britain -politics and government -1642-1649. a51058 r41506 (wing m2320a). civilwar no a moderate, and most proper reply to a declaration, printed, and published, under his maiesties name, december, 8. intended against an ordin [no entry] 1642 5140 2 0 0 0 0 0 4 b the rate of 4 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2002-03 tcp assigned for keying and markup 2002-04 apex covantage keyed and coded from proquest page images 2002-05 tcp staff (michigan) sampled and proofread 2002-05 mona logarbo text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion a moderate , and most proper reply to a declaration , printed , and pvblished , under his maiesties name , december , 8. intended against an ordinance of parliament for assessing . but indeed animating and encourageing the malignants , and delinquents , in their violent courses , for the maintenance of themselves , and their malignant army . london , printed , 1642. a moderate and most proper reply to a declaration , the pen that drops this declaration , lately set forth under his majesties name , is a fellow to that tongue which cuts like a sharpe rasor , the rasor is sharpe but it plainly appeares that malignancy is the whetstone , and gives it the edge ; for so it cut , it cares not though it mangles truth and goodnesse ; and so it cut those whom it hates , it cares not though it cut also those whom it professeth to love . for the maine worke of this declaration is to condemne that in war , which the favorits , if not the framers of this declaration have practised in peace , yea to condemne that which in war the parliament hath done for the preservation of the kingdome , being far lesse then that which themselves have done in this war for the ruine and destruction of it . the great outcry of this declaration seemes to be for the property of the subject . but doth not this cry come from the same shop , from whence heretofore issued inforced loanes , knighting money , benevolences , and ship-money ? and from whence more lately issue plunderings , ransomes for not plundering , monthly taxes of an high value and rate , so that this cry seemes to be like that of the high-way man , who having taken money from a passenger , to put away the suspition of it , raised an hue and cry against himselfe , for is it in earnest to be thought , that the destroyers of property , are now suddenly become the patrons of property ? or rather that by this assessement they are likely to be put from their old trade and therefore are offended ? for indeed , this which they call taking away of property , is the meanes of preserving property for ever . besides , they have put upon the parliament a necessity of assessements , and that is their fault , and yet this fault of theirs they cast on the parliament . againe they know that the houses have power to tax the whole kingdome ; and the tax of the commons of england ariseth onely from the house of commons ; against this they object only the want of the kings assent ; which assent being withheld by themselves ; they againe cast their own fault upon the parliament . the * king without the two houses layes taxes and gives warrants for plundering , and this with their advice and assistance , even to destroy the parliament , but the two houses cannot have their leave to lay an assessement without the king for their owne preservation , and the preservation of the kingdome . yet is it well known that there are sundry lawes which exclude the king from laying taxes without consent of parliament : but no law that the parliament , or two houses should not lay taxes , when the king not only deserteth them , but makes war against them . in the kings infancy what assent of the king have the two houses for the laying of taxes ? and it were to be wished that desertion of parliament , and war against the parliament , did not give greater cause and necessity of taxing without that assent , then the former . briefly , the parliament is inforced to a war for it's owne defense . this defense cannot be maintained without money , and this is the anger that there is money gotten to maintaine it . for if justice in the way of raysing it , were their quarrell ; the same justice would make them to quarrell with themselves ; when they rob whole townes , not of the twentieth part , but of twenty parts of twenty . where is this quarrell of justice when they lay monthly takes in oxfordshire , and other taxes in the west ? where was their justice when they robbed in old branford , as well their friends , as their opposers ? had they the kings consent or had they it not ? i thinke they will be asham'd to acknowledge either . howsoever certainly they had not the consent of the two houses of parliament , and so it was without law , and wholy without this justice which they now exact of the parliament . shall we attribute this to an excessive charity , that they love others above themselves , and so would have others more just and honest then themselves ? or rather do they desire that other men may be just that they by injustice may destroy them ? they would not have men just , but naked and undefended that so by armed injustice and violence they might subdue them into an everlasting bondage , and misery . but these men are still troubled with altering the property of hull , and will needs awake not a sleeping but a slaine and dead objection . if they will be ever speaking of it , they must ever heare , that he that takes away a sword from one that would kill him , and takes it onely that hee may not kill him , takes not away the property , but the mischiefe . he doth not meane to profite himselfe by the value of it , but to save himselfe from the cutting of it . and if nothing else will convert the penman of this declaration , this perchance would serve the turne , if he had no other meanes of livelyhood and maintenance , but the revenues and profits which the parliament receiveth from hull . as for the army of the earle of essex raysed to destroy the king ( for so the declaration will have it ) it is such another truth , as if , when the earle of essex his souldiers fought at branford to defend themselves and some of their owne friends and fellowes formerly taken by the malignant army were set in the forefront , it were sayd , that the earle of essex his souldiers did fight against their owne fellowes to destroy them . these be the men that goe about to destroy the king , that by armies of their owne enforcing the parliament to raise an army to defend it selfe , bring the king betweene two armies and so into the danger of that destruction , which themselves both cause and object . they are the men that seeke his destruction , that cause his presence there , where destruction is ; and cause his absence there where his safety is . but certainly the parliament wisheth his absence from the army , wherelies the danger , and his presence in parliament , where is his assured safety . but here followes another wonder that those men who plunder without giving any warning , should finde fault with sir edward bayntons warrant which , as themselves say , gave warning to men , that they might escape plundering . * but if he had plundered them without warning , they had nothing to object against him but their owne fault . a declaration succeeds in prayse of property which being indeed so pretious , gives a strong exhortation to the parliament to rayse so much money as may safely defend it . in the parliament lies the roote of property , and to pull up parliaments , is to pull up property by the rootes . therefore to defend property , the parliament must be defended : and to defend the parliament money must be raysed . so to take part of mens goods to defend the parliament is to defend property , even in the roote of it ; if the branches be cropt to preserve the roote , the branches may againe he supplyed and renewed by the roote , but if the roote be pull'd up , which these men endeavor , the branches perish for ever . and this is their griefe , that this roote of property is preserved . and can they take a care of the branches of property who would pull up property by the roote ? which being pull'd up , not onely the twentieth part ( which is their complaint ) but the other nineteene are utterly lost . but neither doth this ordinance enjoyne the taking of the twentieth part , that number being named , to set a bound to the taxe , which the assessors may not passe . they may take the fourtieth part if they thinke fit ; and it had beene a deed of charity , if these men that finde fault with the taking of the twentieth , had left the twentieth at branford , and the places which they have ransackt and spoyl'd ? and now comes the committee of examinations it selfe to be examined . the questions are , why so called ? and how such power ? surely it should not seeme strange to any that knowes parliaments to call a committee by the name of the worke of it , no more then to call a man that makes shoes , a shoomaker . and except there were a resolution to be angry at all that the parliament does , is it impossible to deny a power in the two houses to imprison ? and , not to dispute the power of the house of commons alone , or a committee of that house which those men unseasonably at this time do question ) the power of imprisoning is from the ordinances of both houses ; and by the same the committee is to name the place and time . so the naming of the time and place , is not by the power of a committee , but of the ordinance of parliament . and it cannot be unknown , that there is in parliament a power not only of liberty and imprisonment , but of life and death . and if it must be called a slavery to be subject to this power , upon this occasion : surely it is first , thus farre a voluntary slavery ; that they may free their persons if they will by a voluntary contribution . secondly , the end of this imprisonment , thus term'd slavery , is to fright them from a perpetuall slavery . but that any members of the house of commons should be excluded from being present at the counsells of the committee of eximinations , is an untruth so notorious and corpulent , that it is to be wondred how the scribe of this declaration , should have an ignorance or malice bigge enough to conceive and bring it forth . especially since so many malignants from which he might have had better intelligence , have past through that committee , who waiting at the doore , while counsells were taking of their causes , might well know and observe , that the members of the house , were not excluded from being present at those counsells . and yet upon this fained accusation , is grounded a tragicall , and dolefull exclamation . as if all parliaments were utterly destroyed , because a committee doth exclude the members of the house of commons , which indeed are not excluded . neither doth it follow as a necessary truth that because men are to be imprisoned by the committee , therefore they shall be separated from their wives and children . for though these are to be removed from london and westminster , the subburbs and counties adjacent , yet the husbands being sent to prisons remote from london and westminster , the suburbs and counties adjacent , they may all very well meete . and certainly it may well be thought that the parliament hath at least as great cause to remove far the malignants and there families , ( the disease of malignancy commonly in this case most affecting the head , and thence flowing into the body of the family . but be it for ever reserved by speciall priviledge , to arch prelaticall tyrany , to banish men into remote ilands , and by parliament commands to teare their friends , wives and children from them . and here againe flowes from this writer , a huge tide of passion . but ( as tides use to turne ) may not this tide thus returne upon him ? is there now any liberty left , but to those that would destroy the parliament , and there with peace , liberty , property , and religion ? is not a violence offered to mens consciences , when they are terrifyed by proclamations of treason , extremities of warre , for keeping their protestation whereby they have vowed to defend the priviledges of parliament , and those that defend them ? and is it any way contrary to the oaths of supremacy , allegiance ; or the protestation , tö defend the parliament against those that would destroy it ? or by force to bring delinquents to parliamentary justice , and to leade captive those , that leade his majesty captive , and strive to separate the head from the body , to the ruine of both ? how many persons of honour , quality , and reputation of the severall counties of england have beene turned out of their offices , places , houses , goods , and lives ? how many are now in prison onely for their faithfulnesse to the parliament and kingdome ? how many substantiall citizens of london have beene seduced to set hands to petitions of dangerous consequence , and to withdraw their hands from assisting the defence of parliament and kingdome ? how many papists , blasphemers , and men of dersperate fortunes , are met in the armies that fight against the parliament , yea : how many papists in these times of warre , are authorized against law by his majesties commission to buy , and take up armes , when as the protestants in divers counties have beene totally disarmed , and their armes taken away , notwithstanding their property in them ? how many godly , pious and painfull divines , are now robbed , and plundered , their bookes and writings spoyl'd and defac'd , and themselves driven to london , as to a city of refuge ? and withall how many of those ministers that preach against the parliament are found to be the same that were heretofore questioned by the parliament , for scandalous , vitious , and abominable lives ? and ( not to put from london over hastily ) is there not a cause to secure dangerous persons in london , and that those of london should be forced to defend london , when as neare as london was to branford , so neare ( in cleare probabilities ) was london to the state of brainford ? for is it to be thought that the cavaliers would have changed their minds in the riding of eight miles ; and that cruelty at branford would have turned into mercy in london ? would they have spared the substantiall citizens at london , who did not spare the very beggers at branford ? would they have asked the rich men at london whether they were for the king , who made no such question to the beggers at branford ? surely it is most likely that as now london may be seene in brainford , so then brainford would have beene seene in london . neither is it unworthy of the name of publike faith , that is given by those that represent the publike body of the kingdome . and whatsoever leave will be given to the word ( publike ) it is enough for the security , if the faith be sound and sufficient for repayment . and ( to speake onely of the house of commons . ) it is certaine that house is trusted with the whole estate of the commons of england . and i hope the commons of england will have enough to pay the debts contracted for the defense of the commons . but in the meane time what faith is given for the taskes and monethly payments imposed on oxfordshire and the westerne parts , under the dominion of sir ralph hopton ? and even this declaration hereafter acknowledgeth that the king has parted from his jewells and plate , ( which it is pitty should have beene turned into the price of the bloud of his subjects ) so that evill councellors have reduced him to that lownesse , that whensoever he returnes to a state , lustre , of majesty and glory , by a right ( that is a parliamentary ) way , it must be by their faithfulnesse and supply , whose faith is now thus slighted and despised . and it is easily believed that our brethren of scotland will not be displeased with the word of publike faith , and i wish it were as fit to be believed , that they have not cause to be displeased with those that by a war raysed against the parliament , endeavour to make the reality of that word , lesse , if not wholly ineffectuall . neither is it for want of speaking but of hearing that these men heare nothing of fundamentall lawes . if hath beene sayd that it is most fundamentall to a state to preserve it selfe , and that the lords and commons in parliament may defend themselves , and their priviledges against delinquents , malignants , and their adherents , that seeke to destroy them : that the commons are entrusted with the estates of the commons ; and the lords , of the lords , and both joyning togethether in disposing them , if the king withhold his assent , which should be given for the preservation of the kingdome , shall the kingdome perish for want of this assent ? much lesse should it be turn'd into an objection against the lords and commons as a fault of theirs , that the king will not assent . but if this be neither spoken nor heard , are these men fit to demand fundamentall lawes for the parliaments disposing of a twentieth part , who can alleage themselves no shadow of any law for exacting two and twenty parts out of twenty ? for such a monster both of arithm●tick and oppression have these men lately engendred : not to speake of breaking the fundamentall lawes in taking his goods , in whom the house of commons is in some sort contracted and represented , what fundamentall law have they for laying a taxe of foure pound a weeke on ninescore pounds yearely rent of the speaker of the house of commons ? what have these men to do to talke of fundamentall lawes , that by a lawlesse , and senslesse oppression , undermine and dig up estates even below their foundations ; and like aegiptian taskemasters will enforce the brick to be made beyond the straw ? and if extraordinary meanes of maintaining an undertaking prove it unlawfull , what an extremity of unlawfulnesse is there in their undertakings , who by these super-extremities of exaction maintaine their undertakings ? as for master pi●s speech which they call excellent , it would make them excellent too , if they would follow it . for it is too manifest , that following the lawes of lust , ambition , and the like vices have brought us to this present confusion . neither is it so strange that in a time of warre against the parliament dangerous persons should be more safely secured from maintaning this warre , nor that members of either house giving cause of suspition by viewing workes of defence or otherwise should be committed with the consent or approbation of either house ; not so strange by much , as that five members of a house , should be drawne forth from the house ( to prison and death as it seemes by the charge ) by force and violence . and for hull , the present good use of new-castle , to admit armes and souldiers for the maintenance of this unnaturall warre , speakes aloud to justify sir john hothams keeping of hull by order of parliament ; neither is tonnage or poundage imposed by parliament ; and is not tonnage and poundage payd to the complainants at new-castle ? but the parliament is the great eye-sore , and therefore when they could not destroy it by pulling away five first ( and how many fives after no man knowes ) nor by an army at branford now it must be overthrowne by paper-bullets and by untruetelling of twenties . but certainly their act of numbring fayles , as well as their vertue of truth , and sincerity . for even in this moneth of december , when the lord major was in the house of commons at prayer ( whereof a part , is a part of common prayer , by which token he may be knowne not to be a brownist , nor a reviler of common prayer ) it is certainly reported there were eight score in the house ; and not many lesse the same weeke when the house consider'd the propositions for peace ; and these men cannot but know that fourty do make a house of commons ; so that their owne number acknowledgeth it to be more , then an house of necessity requires . yet there are also computed about an hundred absent in the army son defence of the parliament ; or in the defence of their owne counties ; in ireland , or for some speciall occasions of their owne . and those that are present , and such others as are thus absent , complayning of no feare it is a worke of supererogatory charity , that these enditers should make , or faine a fearfull complaint for them . true it is , that there are about three score cast out of the house of commons for fighting against the house , or some other great offences , neither needes any one to be afrayd of comming to the house , but those whom their owne guilt makes affray'd of censure and punishment . neither are those that are present awed with an army or tumults , but defended and secured by an army and the goods of the city and suburbs ; and it might passe for a speciall peece of craft if these men could make the parliament so foolishly credulous as to be afrayd of their owne security . it were to be wished , that his majesty , were as free from cause of feare from his army and cavaliers , who are much wrong'd by reports , if they have not put threats upon him , and upon his going from them to his parliament . and next to the parliament , they are angry with the city of london , for being a wall of defence to the parliament . and whereas this paper is so often spotted with the scandall of anabaptists and brownists for their power in the government or actions of that city , if they believe themselves , it were good they did make others to believe them also , by naming some particular anabaptists and brownists that exercise this power , as the parliament hath nam'd the papists which command in the kings army . neither hath the lord major with a faction told the houses that that they will have no accomodation , or peace ; but with the sheriffs and aldermen hath advanc'd and assisted a petition to his majesty for peace . true it is they desire a sound and durable peace , accompanyd with truth , and piety ; neither can they be much blam'd , if they feare pretences of peace that may cover such designes of mischiefe and massacry as lately appeared at branford . but it seemes the notes were taken in short hand which were sent to this writer concerning sir sidney mountague , for if the story had been written in words at length and the whole matter declared , it might have been known , that sir sidney mountague besides refusing the oath ( if it must be so called ) of association , drew forth a declaration , and vouched the authority of it , for calling them traytors that had taken the same . and let these men judge whether it were any part of the vertue of patience that the house which had entred entred that association should indure the word traytor to be cast upon the face of it , or whether it were not a more commeudable vertue of curtesy , to dismisse and separate a person of that opinion from the dangerous and infectious society of traytors . and now follow some mistaken figures of rhetorick which should run on this manner . these are the men that have sent to the states , to treate with them , that they permit not souldiers and armes to come from their provinces , to make and maintain war against the parliament of england . these are the men that have sent into scotland , where murrey is labouring to kindle a fire to consume this nation , to cast water upon that fire ; and withall to intice our brethren of scotland : now the papists are up in armes to seek the peace of this kingdom , and the safety of religion agreeable to the act of pacification . and not only for that act , but for their own security it being an unquestionable truth , that if ireland be the breakfast of the papists , and england their dinner , scotland is likely to be their supper . in a word , these are they that have made a preserving ordinance , to save the parliament , religion , lawes and liberty , which were in danger to be devoured by illegall commissions of array , as illegall sheriffs , armies of papists , and other ill-affected , persons . but the words which follow , that an army was first raysed by the parliament , are so manifestly untrue that it is strange , how they could leave of the lest remnant of conscience to utter-them , and of loyalty to utter them under his majesties name . it is possible they may have heard of a bible , and therein of one david , that like the parliament was accused of rebelling against the king , and these were hunted like a partridge ; but that which i would say to them is according to the speech of that david to abner : yee are worthy to dy because yee have not kept the king neither his life nor honour . the life of the king hath been exposed to danger , by bringing him into the battell ; and his honour , by making his name a cover to notorious falsities . for were not the beginnings of an army raysed in yorke ? * and did not a papist there come forth and say let the sword , try it , before the parliament either made votes , that the king seduced by evill counsell intended a war against the parliament , which votes were also before the beginning of the army of the earle of essex ? and yet if the parliament had raysed forces , that may beare the name of an army to bring delinquents to justice , who can lay any blame upon the parliament , or who can thence gather a reason , why the king may justly rayse an army against the parliament ? yet is the raysing of this army , for defence of the parliament , or of the power and authority of it over delinquents , more then once in the last leafe termed a rebellion . to this , i will fetch an answer , out of bodin . bodin having written much in favour of kings though degenerated into tyrants , and so much that he confesseth he was tax'd for it , yet at last , lights on this story and thereupon gave his sentence . the earle of flanders befieged his subjects in gant , with an army of fourty thousand men . the army within the city was but five thousand . upon this disadvantage , they humbly sued for pardon . the earle answered them , they must come forth with halters about their neckes , and then he would tell them his mind . hereupon , not having any assuraude of mercy , they issued forth , and defeated his great army , with a litle one ; and the earle was forced for his own safty , to hide himselfe under the bed of a poore woman , who sent him forth in a shape far below ( his degree . but hereupon this author inferres ; then did it appeare , that there is nothing morevaliant then a subject brought to despaire , nor any war more just , then that which is necessary . i only adde , if the parliaments war be necessary , and a necessary war is just , certainly a just war , cannot justly be called a rebellion . finis . notes, typically marginal, from the original text notes for div a51058e-120 * and the earle of new-castle too . * though it is constantly affirmed that the word plundeting is not in the warrant . see the last declaration . * did not sir francis wortley draw his sword there and cry , for the king , for the king ? bodin de rep. lib. 3. a declaration and protestation of vvill: prynne and cle: vvalker, esquires, members of the house of commons against the present actings and proceedings of the generall, and generall councell of the army, and their faction now remaining and sitting in the said house. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91170 of text r211155 in the english short title catalog (thomason 669.f.13[72]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 6 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91170 wing p3937a thomason 669.f.13[72] estc r211155 99869888 99869888 162968 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91170) transcribed from: (early english books online ; image set 162968) images scanned from microfilm: (thomason tracts ; 246:669f13[72]) a declaration and protestation of vvill: prynne and cle: vvalker, esquires, members of the house of commons against the present actings and proceedings of the generall, and generall councell of the army, and their faction now remaining and sitting in the said house. prynne, william, 1600-1669. walker, clement, 1595-1651. 1 sheet ([1] p.) s.n., [london : 1649] imprint from wing. dated and signed at end: 19 janu. 1648. will: prynne, cle: walker. the generall = thomas fairfax, baron fairfax. reproduction of the original in the british library. eng fairfax, thomas fairfax, -baron, 1612-1671 -early works to 1800. prynne, william, 1600-1669 -early works to 1800. england and wales. -parliament -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a91170 r211155 (thomason 669.f.13[72]). civilwar no a declaration and protestation of vvill: prynne and cle: vvalker, esquires, members of the house of commons, against the present actings and prynne, william 1649 955 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-07 tcp assigned for keying and markup 2007-08 apex covantage keyed and coded from proquest page images 2007-09 emma (leeson) huber sampled and proofread 2007-09 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a declaration and protestation of vvill : prynne and cle : vvalker , esquires , members of the house of commons , against the present actings and proceedings of the generall , and generall councell of the army , and their faction now remaining and sitting in the said house . whereas long since , for ease of the people , both houses in a full and free parliament voted the disbanding of this army : in opposition to which , some great officers of the said army , ( to continue their rich commands ) with some members of the house of commons , ( who daily inrich themselves by the troubles of the times ) secretly mutinied the army against the parliament . and whereas , lately the farre major part of the house of commons , pitying the bleeding condition , and teares of the oppressed people , voted , and entred into a personall treaty with the king : without which ( by the armies own confession in their remonstrance at st. albons , pag. 64. ) there can be no peace ; which the army interrupted by obtruding upon the commons a treasonable remonstrance , 20 novemb. 1648. tending to destroy the king , and his posterity , and wholly to subvert all parliaments , religion , lawes , and liberties for ever ; whereby the commons in parliament found it absolutely necessary to prevent such pernitious innovations , by concluding a safe peace with his majesty ; whereupon ( after mature debate ) the house of commons the 5 decemb. 1648. voted , that the kings answer to the propositions of both houses upon the treaty , were a ground for the houses to proceed to the settlement of a safe and well-grounded peace : upon which , the generall , and councell of warre , wednesday morning 6 december 1648. seized and imprisoned 41 of the members going to the house of commons to do their duty , secluded above 160 other members , besides 40 or 50 members who voluntarily withdrew themselves to avoid their violence ; leaving only their own engaged party of 40 or 50 members sitting , who now passe acts of parliament , of the house of commons ( as they call them ) without the lords ; and comply with the said councell of warre , to carry on their said remonstrance : to which purpose this present remnant of the commons have un-voted in a thinne house , under the force of the army , what was deliberately voted in a full and free house ; whereas by their own ordinance passed upon the tumult of apprentises , 20 august 1647. to null , and make void ab initio , all acts , orders , votes , &c. passed under the said force ; this remaining party ought not to sit , act , nor take upon them the style of a house , under so visible , actuall , and horrid a force . the premisses considered , we , whose names are hereunto subscribed , members of the house of commons , doe declare and protest , that the said generall , commissioned officers , and genenerall councell of the army , by the said act of violence , upon the major part of the house , which legally , and virtually is the whole house , have waged warre , and rebelled against the parliament , their masters , who raised them to defend the priviledges of parliament , and the kings person and authority , in defence of religion , lawes , and liberties , and have thereby forfeited their commissions , and have broken and dis-continued this parliament ; so that , untill this force be removed , punished , the honour of the parl. and their wronged members vindicated , and all the members resummoned , all the votes , orders , and actings , passed , and to be passed by this nominall house of commons , are , and will be void , ab initio , and all such as do , or shall obey them , are and will be punishable , both by the armies own judgment in their remonstrance , august 18. and by the houses declaration , and the said ordinnnce , 20 august 1647. we doe farther declare , and protest against this present house of commons illegall acts , order , or ordinance , for erecting a high court of justice , and usurping a power , without any law or president , to try , depose , and bring to capitall punishment the king , and to dis-inherit his posterity , or any of them , and against the said generall councell of officers , aiding & abetting them therein , as highly impious against the law of god , nations , & the protestant profession , traitors against the stat. of treasons , 25 ed. 3. and against all lawes & our statutes , perjurious and perfidious , against the oaths of allegeance , supremacy , nationall covenant , and protestation ; all the parliaments declarations and remonstrances held forth to the world ; their treaties and promises made to the scots , when they delivered the kings person into our hands ; against our promises made to the hollanders , and other nations , and against all the professions , declarations , remonstrances , and proposalls made by this army , when they made their addresses to the king at new-market , hampton court , and other places . 19 janu. 1648. will : prynne , cle : walker . the time-serving proteus, and ambidexter divine, uncased to the vvorld containing two letters of m. john dury (the great champion for the new ingagement, faithfully extracted out of the originalls under his own hand) : the first, to joseph hall, late bishop of exeter : the second, to william lawd, late archbishop of canterbury : wherein he expresseth the reasons which moved him, not onely to scruple and dislike, but in some sort to renounce his ecclesiasticall orders and ministeriall function, formerly conferred on him in the reformed churches beyond the seas, because not given by a diœcesan bishop ... prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56218 of text r19645 in the english short title catalog (wing p4106). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 19 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56218 wing p4106 wing d2892 estc r19645 12399898 ocm 12399898 61247 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56218) transcribed from: (early english books online ; image set 61247) images scanned from microfilm: (early english books, 1641-1700 ; 288:5) the time-serving proteus, and ambidexter divine, uncased to the vvorld containing two letters of m. john dury (the great champion for the new ingagement, faithfully extracted out of the originalls under his own hand) : the first, to joseph hall, late bishop of exeter : the second, to william lawd, late archbishop of canterbury : wherein he expresseth the reasons which moved him, not onely to scruple and dislike, but in some sort to renounce his ecclesiasticall orders and ministeriall function, formerly conferred on him in the reformed churches beyond the seas, because not given by a diœcesan bishop ... prynne, william, 1600-1669. dury, john, 1596-1680. [2], 6 p. s.n.], [london : 1650. a discussion by prynne of dury's letters to hall and laud. written by william prynne. cf. bm. place of publication from wing. authorship also attributed to john dury by wing. reproduction of original in harvard university libraries. eng dury, john, 1596-1680. a56218 r19645 (wing p4106). civilwar no the time-serving proteus, and ambidexter divine, uncased to the vvorld: containing two letters of m. john dury (the great champion for the n prynne, william 1650 3080 1 0 0 0 0 0 3 b the rate of 3 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2002-04 tcp assigned for keying and markup 2002-04 apex covantage keyed and coded from proquest page images 2002-05 tcp staff (michigan) sampled and proofread 2002-05 john latta text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion the time-serving proteus , and ambidexter divine , uncased to the vvorld : containing two letters of m. john dury ( the great champion for the new ingagement , faithfully extracted out of the originalls under his own hand . ) the first , to joseph hall , late bishop of exeter ; the second , to william lawd , late archbishop of canterbury . wherein he expresseth the reasons which moved him , not onely to scruple and dislike , but in some sort to renounce his ecclesiasticall orders , and ministeriall function formerly conferred on him in the reformed churches beyond the seas ; because not given by a dioecesan bishop , but by particular men , whereof none is above the degree of a priest , and in point of conscience to crave and receive a reordination , and new orders from our english bishops ; that so he might enter by the door into the sheepfold . whose superiority in degree over other ministers , and sole jurisdiction in conferring orders , he asserts to be jure divino ; professing withall , his conscientious observance of , and submission to all their canons and constitutions , and testifying to all the world that he was the prelates and this archbishops most humbly devoted servant in all obedience ; and so he actually was till their fall ; and then he quite deserted them , and turned a zealous presbyterian again , untill the late change of affairs metamorphosed him into an independent : and since , into the first printed advocate for the new ingagement , proving a divine of as many various editions , as there are severall impressions of his inconsiderate considerations . jam. 1. 8. a double minded man is unstable in all his wayes . jude 12. 13. clouds they are without water , carried about of winds ; trees whose fruit withereth , without fruit , twice dead , plucked up by the roots : raging waves of the sea , foaming out their own shame ; wandring stars , to whom is reserved the blacknesse of darknesse for ever . printed in the yeer 1650 : a copy of a letter presented to the reverend father in god , joseph lord bishop of exeter , by iohn dury . wherein he setteth down the reasons which moved him to crave orders in the church of england , after he had gotten a presentation to a cure ; although else-where beyond seas he had been formerly called to a pastorall charge in one of the protestant churches . right reverend father in god : it doth import every one who is called to a pastorall charge in the church , to satisfie his own conscience in all things belonging thereunto , and be sure , that he a entereth in by the door into the sheepfold , least if he enter in another way , he be counted a thief , and a robber . now i was lately called by my b lords grace of canterbury to such a charge in this church of england ; whereof i never was heretofore a member in the clergy . therefore i thought it my duty to consider with my self , whether or no i could lawfully take such a charge upon me , except i were first received & admitted unto the ministry as others are in this church of england ; which after ripe deliberation , i found i could not do , either lawfully , in respect of the church in which i am to have a charge ; or conveniently , in respect of the duties to be discharged in it ; or safely , in respect of the tranquillity of my own conscience concerning both : for which cause i found it requisite to c request , among other favours , this at your lordships hands , that you would be pleased to grant me the orders which are appointed by the canons of this church , to be received after a presentation or title is granted , and before institution and induction may be given to any , who is to have a charge of souls . it is therefore my humble desire and intreaty , that i may have the priviledge and right which others have by d lawfull ordination into the ministry , to discharge the office unto which i am called in this church . and least this request should seem to be without ground and motives sufficient to perswade my e conscience to desire it , i will shortly set down the reasons which induce me to sue for this favour . 1. i cannot find in conscience , that i am a true member of the clergy in this church , except i have the orders which others have in it , and as it is appointed by the law that every one should have . for the f ordination of the church giveth one the right to be a member of the ministery in it : and he is none of the members that is not ordained as the church appointeth . now it is so with me ; therefore i think my self obliged to seek for your ordination , that i may have the previledge of a true member of the clergy , and g enter in by the door into the sheepfold . 2. a minister must be h carefull before all things to be without blemish , and occasion of offence , both in respect of the church wherein he is to follow his calling , and in respect of a good conscience whereby he must walk and be conversant in his calling : but except i receive i orders appointed by god in the church , i conceive that i cannot be blamelesse in either of these respects . for first , in respect of the church , i should not be blamelesse because the law of the church doth admit none to be a curate or minister , except he be ordained by some bishop of this church . secondly , i should not be blamelesse in respect of my own conscience , because i must k intend to observe and submit my self to all the canons and constitutions of the church agreeable , or not contrary to the word of god : now i know , that this canon touching the ordination of ministers , is one of the chief and important constitutions , and l most agreeable to gods commandement ; therefore i acknowledge my self bound to observe it . 3. although i have been admitted els-where unto the ministry , yet i think not that m ordination sufficient to authorize me to discharge a pastorall office in this church . 1. because the church where i was formerly admitted , is not the same with the church of england , as being different in government from it . 2. because the orders which i received formerly were not given by persons of the same degree and authority , by which these of the church of england are conferred : for those are given by particular men , whereof none is above the n degree of a priest ; but these are given by a diocesax or bishop . 4. because in my o former calling to the ministery , i have been heretofore interrupted and perplexed in conscience about it : for a year after i was ordained , i fell in trouble of mind concerning my calling , and was once resolved to have left it wholly : the cause of my doubt was , a p certain restraint and confinement of my ministry , to certain conditions not agreeable to the freedome of a good conscience in professing the gospell , which were laid upon me both by those that sent me , and those to whom i was to minister the word : when i found this , i fell in a deep trouble of mind ; whereupon i went back again to those that had sent me thither , and got a q discharge from them out of that place , and permission to go to my country : there i stayed a long while before i could find a resolution to continue in the ministery ; which at last by the perswasion of learned and godly friends , i found so far , that i thought it not lawfull for me to ronounce altogether that calling , whereunto from my youth i had sincerely dedicated my studies ; to which i had been publiquely chosen by a church , to which i was approved fit by the judgement of many , and to which i had obliged my self by solemn promise towards god . so being afterwards called to a noblemans family , i returned to the function of a lecturer , and would never take upon me the charge of souls ; and thus have continued till now in ministeriall imployments of such a nature , as did not bind me to any particular church . but now finding my selfe called in another church , otherwise ordered , to a particular cure , and finding the r nature of this cure agreeable to the word of god , and my self disposed in due time to discharge it , i think that , seeing the former ordination hath been heretofore troubled with doubts , and interrupted ; to the end i may go about this charge to which i am now called with a s full resolution , and a faithfull assurance of a blessing from god , i ought to enter by the door , and crave such inabling as the church can give me by gods ordinance , not neglecting the t power which god hath bestowed upon the rulers thereof , whereby they can give orders unto their subordinate ministers , whereof i am appointed to be one ; and therefore to quench , and prevent all further doubts , of my calling to the ministry , i find my self u bound in conscience to crave and receive orders in this church of england , which for these , besides other causes , right reverend father in god , i humbly desire your lordship to confer upon me , if i shall be found capable of them , after tryall and examination : for which favour and benefit i have cause to praise god , and be bound to pray for your lordships perpetuall increase , in all spirituall and temporall happinesse : remaining alwaies , exeter 22. feb. anno 1634. your lordships most humble and devoted servant in christ , john dury . mr. dury was so far in love with these reasons of his , wherein he manifested himself not only an absolute episcopall proselite , but parasite , both in his conscience , judgement and practise beyond all former presidents , by archbishop lawds presentation of him to a good benefice in devonshire , which wrought these strange alterations and miraculous effects therein expressed , that he sent the copy of them , written with his own hand , indorsed by him as aforesaid , unto this archbishop of canterbury inclosed in this ensuing letter , written with his own hand , and thus indorsed by the archbishop himself , rece . mar. 10. 1633. comp. aug. to the * most reverend father in god , my most gracious , lord william , by gods providence lord archbishop of canterbury ; primate of all england and metropolitane , chancellour of oxford , and one of the lords of his majesties most honorable privy counsell , my most noble lord , and ever-honored patron . most reverend father in god ; seeing i ought to be jealous over my self in all things that concern the publike , least i give just occasion to any body ( but chiefly unto your grace ) of conceiving any thing of my actions , ( but chiefly of that which doth concern my taking orders in this church ) otherwise then might be * for my credit ; as if either formerly i had without sufficient cause delayed a thing of so great moment , or now lately had rushed upon it unadvisedly ; neither considering the nature of the work in it self , nor the offence which forrainers might take at me if they should come to know it ; i did think good for all these respects to present this letter , first in the originall to my lord of exeter , and now in the copy unto your grace ; that all sinistrous and doubtfull opinions might be prevented , and the true cause might appear , wherefore i did now and never heretofore intend this matter ; therefore i beseech your grace to take this also in good part , and keep me in the favour of your good opinion , as one that desires nothing more , then to live and behave my self so , that i may * testifie to all the world that i am your grace his most humbly devoted servant in all obedience . john dury . westminster 10. march 1634. by the serious consideration of these two letters , and the marginal animadversions on them , mr. iohn dury his seduced engaging patrons and disciples , ( comparing them with his subsequent changes and wheelings about with the times and thriving party ) may take an exact character , as well of his inward as outward complection , which s. james thus characteirzeth , jam. 1. 6. 8. he that wavereth is like a wave of the sea , driven with the wind and tossed : a double-minded man is unstable in all his waies . we shall say no more of him at present , but recommend these three sacred texts to him and his followers , most serious considerations and second thoughts . prov. 24. 21 , 22. my son , fear thou the lord , and the king , and meddle not with them that are given to change ; for their calamity shall rise suddenly , and who knoweth the ruine of them both ? jer. 2. 36 , 37 , why gaddest thou about so much to change thy way ? thou also shalt be ashamed of egypt , as thou wast ashamed of assyria . yea , thou shalt go forth from him , and thine hands upon thy head : for the lord hath rejected thy confidences , and thou shalt not prosper in them . rom. 1. 35. who changed the truth of god into a lie , and worshiped and served the creature more then the creatour , who is blessed for ever , amen . isai. 9. 16 , 17. for the leaders of this people cause them to erre , and they that are led of them are destroyed . therefore the lord shall have no joy in their young men , neither shall have mercy on their fatherlesse and widdows : for every one is in hypocrite , and an evill doer , and every month speaketh folly ( or villany ) for all this his anget is not turned away , but his hand is stretched out still . finis . notes, typically marginal, from the original text notes for div a56218e-490 a did you enter thus into your present living and pastorall charge , without institution , admission or induction of a bishop ? b archbishops preferments made mr. dury an episcopall proselite , and marr'd his presbyterianship . c he voluntarily sues to the bishops for new orders , without their motion or instigation . d [ d ] no ordination lawfull with him but that of bishops . e his conscience is very tender , yet stretching and mutable with times and preferments . f his former ordination by presbyters made him no minister nor member of the clergy in his judgement . g the bishops ordination only , not the presbyters , is the door whereby all must enter into the sheepfold . h we have much failed herein of late years . i ordination by bishops alone he calls gods ordinance , but not by presbyters . k he intends and promiseth exact canonicall obedience beforehand . l ordination by bishops most agreeable to gods commandements . m ordination by presbyters insufficient in his judgement , which nulls and makes void the ministers and ministry of the reformed church . n bishops and ministers different in degree in his judgement . o his ordination by presbyters much troubles his conscience . p doth not the present ingagement put a greater restraint and confinement upon ministers , and the ministry then this you mention . q he could not in conscience accept of a pastorall charge in a presbyterian church , yet he can do it with a good conscience in a prelaticall ; belike the revenues of the one were small , but the other so great that it easily overpoised his conscience and judgement to accept it . r a parochiall cure under our late bishops is agreeable to gods word , but not a pastorall charge under a presbyter ? therefore i must renounce his present cure upon this ground as well as his first . s a call from a bishop gives a faithfull assurance to him of a blessing from god , to his ministry , but not from a presb●tery . t the power of ordination bestowed of god on bishops only in his opinion , not on inferiour ministers . u he is bound in conscience to seek a reordination from the bishop , whom he courts and flatters with all his lordly titles . notes for div a56218e-1750 * he courts this archbishop to the full with all his lordly titles . * your reordination , reasons , and frequent changes are little for your credit . your reasons , reordination and mutations have given them just offence and scandall too . * he desires to testifie to all the world that he was this archbishops most humbly devoted servant , which will now make little for his credit . philanax protestant, or, papists discovered to the king as guilty of those traiterous positions and practises which they first insinuated into the worst protestants and now charge upon all to which is added, philolaus, or, popery discovered to all christian people in a serious diswasive from it, for further justification of our gracious king and his honourable parliaments proceedings for the maintenance of the act of uniformity. 1663 approx. 81 kb of xml-encoded text transcribed from 25 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a56188 wing p4030 estc r7555 12380292 ocm 12380292 60741 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56188) transcribed from: (early english books online ; image set 60741) images scanned from microfilm: (early english books, 1641-1700 ; 223:5) philanax protestant, or, papists discovered to the king as guilty of those traiterous positions and practises which they first insinuated into the worst protestants and now charge upon all to which is added, philolaus, or, popery discovered to all christian people in a serious diswasive from it, for further justification of our gracious king and his honourable parliaments proceedings for the maintenance of the act of uniformity. prynne, william, 1600-1669. [2], 47 p. [s.n.], london : 1663. attributed to william prynne. cf. wing. reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng catholic church -england -controversial literature. church and state -england. 2002-04 tcp assigned for keying and markup 2002-04 apex covantage keyed and coded from proquest page images 2002-05 tcp staff (michigan) sampled and proofread 2002-05 john latta text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion philanax protestant ' or papists discovered to the king as guilty of those traiterous positions and practises which they first insinuated into the worst protestants and now charge upon all : to which is added philolaus or popery discovered to all christian people in a serious diswasive from it . for further justification of our gracious king , and his honourable parliaments proceedings for the maintenance of the act of uniformity . london , printed in the year 1663. and are to be sold at the royal exchange , westminster-hall , and most book-sellers shops . philanax or the papists discovered unto the king. sect . i. now the popish party being disappointed in their great design for indulgence . 1. b , the care of our gracious soveraign ; who will neither be provoked by the affronts of some that call themselves protestants , nor enticed by the favours and civilities of those that call themselves catholicks to do any thing in prejudice of the faith , once delivered to the saints . 2. by the vigilancy of orthodox and good bishops and ministers who stand fast in the faith and are set for the defence of the gospel . 3. by the honourable interposition of those most noble lords who search the scriptures , the first counsels , and fathers . whether these things are so ? 4. by the resolution of the most honourable the commons of england in parliament assembled to stand by the grand establishment of the kingdome . 5. by the ingenuity of our two most excellent queens who wil not unseasonably interpose to gratify a few mens opinions against the conscience of a whole kingdome : now the popish party i say thus happily disappointed of their designe against the church of england , and the protestant religion grow desperate and shake off all modesty ; ingenuity ; and fear ; now they dare publish to the world a caveat to all kings , princes , and prelates against the protestants : under pretence of some mens miscarriages involving all , now they dare charge us with those principles against government which they themselves teach , with those treasons which they act , with those rebelions which they promote : which our learned and sober writers disown , our confessions and articles of religion oppose , and our religion discountenanceth , no religion in the world stating government and obedience on better principles , enforcing them upon higher motives , or securing them by better lawes than ours : we your most loyal subjects who look upon you as the light of our eyes , as the breath of our nostrils , as the crown of our head : who make prayers and supplications for you and all that are in authority under you ; who obey you for conscience sake : & cannot resist you , knowing that whosoever resisteth resistethto hisown damnation , who must needsbesubject to you , as supream and to those that are in church & state sent by you : who fear god and honour you our king and meddle not with them that are given to change : for we know their calamity shall arise suddenly , and who knoweth the ruin of them both ? who dare think no evil of you , not in our hearts much less murmure and speak evil against you : who though your spirit should be stirred against us , yet will not stir out of our place : who dare not call you to any account of your matters — nor say unto you , what do you : who with the antient christians worship god above all : and obey honour and reverence you as next unto god on earth ? we to vindicate our selves ; to inform the world aright ; to shew the true grounds of our late misery : and the present opposition to government : and to confirm your majesty in your very good affection for the protestant religion : and in your just care against the growth of popery , a care that aequally tends to your honour and security , and our comfort . we humbly desire the world may know that it is not any private respect or opinion , it s not any kindnesse you have for heresy or schism , it s not any cruelty or persecution that you provide just laws against popery a new , or execute those that are already provided : but it s a royal care you owe your own government and safety both which are indangered by those unworthy principles first asserted by the pontificians and than taken up from them by the loose , giddy , turbulent , and discontented sort of protestants that have nothing indeed of protestants but the name : for you know 1. they teach that the magistrate hath nothing to do in matter of religion , hath no power to restrain or punish any man in any matter that hath but the colour and prete●…ce of religion . contzen polit : c : 16. bellarm : 5. de pont : — a 2 de primati●… in vain do you govern if these men and these positions be endured : one mans religion is to revile authority , the others religion is to rebel : anothers religion is to raise scandal upon all publick establishments , anothers religion is to refuse all manner of oaths whether of allegiance or supremacy &c. anothers religion is to deny all ordinances , ministry , church duties , &c. anothers religion is to disturb all congregations and meetings : but you must sit still , and let these men play all these prancks under the notion of religion , you must endure all these extravagances , least you should persecute , or oppresse tender consciences , your subjects may be perverted , your people may be debauched , and your kingdomes seduced from their allegiance and loyalty by men of desperate principles , and you all the while not stir , for the magistrate hath nothing to do in matter of religion ; we your poor protestant subjects thought that you as nebuchadnezzar and darius among the persians as the governours among the grecians whose first care was religion , as the roman kings , senates and emperours whose great prudence it was not to admit of a strange religion , as the primitive governours who as appears by their laws , orders , institutes , and nemo canons : laid out their highest endeavours for the settlement of the true religion , and as your ancestors of blessed memory , who are famous for nothing more then for being defenders of the faith , had power to defend true religion , so that under you by the influence of that religion we might lead peaceable and quiet lives in all godliness and honesty : but alas ! temporal princes saith suarez must meddle with temporal matters : they must let men be of what principles they please though never so dangerous , they must look on their subjects divided with different religions which lead to different conversation and to confusion and every evil work : for why should they saith costerus the jesuit meddle with the affaires of the church of god. 2. we your loyal protestant subjects were really perswaded that there was none above you , to whom you should give account of your selves but god : and that there were no christians that durst say that any men or estates of men were above you in your dominion , ha poor we ! alas it seemes there are some 50. learned writters of that one society of jesuits , who in several printed books which you may see in speculum jesuit . p. 187. 188. who have dogmatically asserted that the pope hath absolute power over princes to change government as god to pull down some kings , and set up others as bensarchius profanely speaks , not onely to excommunicate , but judicialy to suspend to mult with tempor all penalties , depose , dethrone , put to death , and destroy any christian emperours , kings , princes , potentates , by open sentence , war , force , conspiracies private assassinations , and to give away their crowns and dominions to whosoever will invade them by treason or rebellion at the popes command : who may translate kingdomes to whom he pleaseth , all kings deriving their crowns from him alone , upon their good behaviour at his pleasure . we are of opinion that the government of the church is enough , if not too much for the pope and innocently perswade our selves he need not be so busie in other mens matters , but we know nothing , we are taught by the papists that non solum potest papa &c. sed debet &c. that the pope not onely can but ought to shew himself above princes , why say we ? why say the jesuits of paris against arnoldus : to keep them ( that is kings ) within their duty that in case of heresie , schisme , disobedience to , rebellion against the pope , and see of rome , male administration , refusal , to defend the pope insufficiency to govern negligence , vitiousness of life , incorrigibleness , tyranny : or as sanctarellus taught , & our late disturbers learned the necessity of publick good , or the safety of the church and state , or the cause of god : guess now who set up the high court of justice . now that your bloud may not rise against this here is nothing unequal or unfit . for saith the said sanctarellus : multum aequum , & reip . expediens ut sit aliquis supremus m●…narcha , qui regum ejus modi excessus noscit corrigere , & de ipsis justitiam ministrare , i. e. in english , demand justice , justice against delinquency , set up a high court of justice . 3. we and the more harmless part of the world thought that no man could lay his hand upon you the lords anointed and be guiltless and would teach men that you are secured by the laws of god & men against all the assaults of the sons of violence . but we are a soft headed and short sighted people emanual sa , that dangerous papist assures us , that lat a sentententia quisque potest fieri executor , any man may rid us of a tyrant , but sure none of those that have sworn obedience to him may lay violent hands on the king : etiam qui juraverit &c. yea he who hath sworn obedience , if the prince will not be ruled — sure every man can not do it , potest autem e populo : any man may do it anyman that is careless of his own life may be master of his soveraigns — yes , but say some smooth tongued apologist , this was rashly spoken — do not deceive your selves — 40. annos in cubui saith the solemn d. i studied it , 40. years , — a well studied , point i assure you : but his friends do not own him , — no ile warran●… you , why this book of his is the ordinary manual of the fraternity : it s the bible that belongs to the society of jesus : i hope you will say no man talkes at this rate but this melancholly father . ans. if there be but one traytor among the jesuites they are much wronged , — alas he was but a dull melancholy man indeed to mariana , who tells us that we need not stay for the popes order , if a company of learned and a few discontented men do but agree upon it . jure interimi potest , he may lawfully be killed : but the learned are many of them honest , most of them ingenuous , and all depending upon the the prince , nay then we need no more ado saith ozorius but any man may consider the law , and the matter of fact , and if the case be evident he may proceed to execution presently , here is as hugh peters said a short way to work , and that all mortals may not loose themselves in insignificant , general mariana tells you how it may be done particularly by poisoning a chair as the conclave at london resolved to dispatch k. charles the first , ( it was jesuites that saught that excellent princes bloud . ) 2. by poysoning saddles , as lopez should have served q. elizabeth , and this he saith is an excellent way , for it is the moors way in spain . 3. by poysoning boots so as gouty henry of fra●… was cured of all diseases . and this is a good way too , quel est artifice roi moris . 4. by poysoning gloves , and by this slight of hand they complemented joan albretta q. of navarre to death onely for favouring and protecting the protestants in france against their violence . 5. by stabbing as they let out hen. 3. and h. 4. of france great souls into an other world , and by pistoling as they served william prince of orange anno 1584. which great man they sent within three dayes into another world . 7. by a stone poyson wherewith men may be seven years a dying , going to another world by piece-meals , and dying dayly as stephen botskay of transylvania . by powder the fryers invention , as they designed to blow up this whole kingdom assembled in parliament . villany was innocent afore , and the world simple , now it was compleat , and raised to the utmost that hell could attain to — what say the good honest priests ? do they disown m●…iana , and disclaime his doctrine ? it were well for the christian world if you did . indeed the whole vniversity of paris , anno 1625. and 26. censured zuares , bellarmine and mariana for these passages , as not only most pernicious detestable , damnable , erronious and perturbing the publick peace , but likewise as subversive of kingdoms , states , republicks , seducing subjects from their obedience and subjection , and stirring them up to wars , factions , seditions , and the murders of kings . but what say the whole society in their apology 1610. they are all enemies to the name of jesus that condemn mariana &c , for any of these doctrines . o how gretzer is taken with marianas book , how pious , how useful , how elegant , it s the least recompence he can have for this work to give mariana a name in the amphithatre of honour . de onan the provincial of toledo would have lived and died reading that book , iterum , & tertio facturus &c. again and again would he have read marianaes excellent book if he had been at leasure . yow will say are such things as these licensed ? licensed , yes by any means , hoyveda the visitor general of the jesuites sayes , he could do no less then licence that pretty thing , ut approbatum a viris doctis , gravibus ex eodem ordine , as approved by learned and grave men of the same order , you may guess what they are by this . arnold indeed arrests them at paris for these tenents , but they cry veritas defensa contra actionem antonii , arnoldj , the truth ( a sad truth really ) the truth defended against the arrest of arnold . nay but we wrong them this business of king-killing is but a disputable question which some may hold one way , and others another . not so neither saith bellarmine , non opinio sed tertitudo , it s not onely an opinion but a great certainty : res certa , & explorata , you must look upon them in this point as in others insallible . but you will say , i pray deal faithfully with me , do you think the church of rome holds such dangerous positions . ans. 1. ecclesia erreret si impune &c. if the church should offer to let kings go unpunished , it should erre ? though it be built upon cephas , though it be otherwise infallible : though its faith should never fail yet in this it would erre : bellarmine saith in one place , if the pope perswaded a man to go to hell it were a sin not to believe him : if he teach a damnable error he is yet infallible ; always provided he doth not teach that dangerous error , that kings ought not be brought to justice , if he doth he erres . 2. that you may be sure the church is right in this point , bellarmine tells you , ex authoritate frequenti ecclesia facit , &c. the church doth these things frequently : it s a very usual thing it seems , nay saith johannes eudaemon , mistake not your self , this doctrine , non est jesuitarum propria , sed totius ecclesiae , to give the jesuite his due , it is not the doctrine of the jesuits only , but of the whole church ; yea that the world may know the jesuits are well backed , universa theologorum & juris consultorum scholasticorum schola , saith creswell : the whole school of divines and lawyers , make it a position certain and undoubtedly to be believed , that if any christian prince whatsoever , shall manifestly turn from the roman catholick religion , or desire or seek to reclaim others from the same , or but favour or shew countenance to an heretick , he presently falleth from , and loseth all princely power and dignity , and that by vertue and power of the law it self , both humane and divine , even before any sentence pronounced against him , by the supream pastor and judge ; that thereby his subjects are absolved from all oaths and bonds of allegiance , to him as to their lawful prince ; nay that they may and ought ( provided that they have competent power and force ) to cast out such a prince from bearing rule amongst christians , as an enemy to his own estate and commonwealth , and that the kingdom of such an heretick or prince , is to be bestowed at the pleasure of the pope , with whom the people upon pain of damnation are to take part , and fight against their soveraign . lord ( you will say ) can any men after so many oaths and obligations upon the pope , or others instigation , rebel against their lawful soveraign ? a. aas ! do you not know that children are deluded with rattles , and men with oaths — papa potest quanquam absolvere de juramento fidelitatis , when you have taken all the care imaginable to oblige men to peace and obedience , the pope can absolve men from all their oaths . i pray hear how the iesuite in bishop usher , would make a fool of the wise king james , and the parliament that formed the oath of allegiance ; sed vide ( saith he ) in astutiâ quanta sit simplicitas , &c. but see what simplicity here is in so great craft ! when he had placed all his security in that oath , he thought ( i poor man , how contemptible this jesuit looks , upon an excellent king and his august parliament ) he had framed such a manner of oath with so many circumstances , which no man could any way dissolve . but he ( poor man ) could not see that if the pope dissolve the oath , all its knots whether of being faithful to the king , or of admitting no dispensation , are accordingly dissolved : thus ( now he was teaching the world a strange doctrine saith he ) i will say a thing more admirable ; you know i believe , that an unjust oath if it be evidently known to be such , or openly declared such , obligeth no man : that the kings oath is unjust , is sufficiently declared by the pastor of the church himself : you see now that the obligation of it is vanished into smoak , and that the band which so many wise men thought was made of iron , is lesse than straw : a trick to over throw the world . but sure no christians will be so wicked as to attempt such things against their soveraigns . ans. they must — hear what father creswell saith , certe non tantum licet sed summa etiam juris divini ●…ssitate , ac praecepto , imo conscientiae vineulo , extremo animorum per ●…ulo hoc incumbit , certainly this is not onely lawful , but necessary , as that which is incumbent upon all christians upon no lesse obligation , than that of divine law and command , of the bond of their conscience , and the utmost danger of their soules . — but the counsel of constance hath denied that it is lawful for any private men to attempt any thing against publique authority . — alas ! what is that ? as they resolve in other things non abstante sic : scriptura — so in this case , non obstantc concilii const . decreto licitum est privatis &c. notwithstanding any decree of that counsel by the authority of the pope who is above all counsels , private men may , omni ratione & vi●… , by any means , no matter what , so it be successeful attempting the destroying of an heritical or a wicked prince . how may a prince be safe in that case ? an. bellarmine told k. james of famous memory , si secure , regnare velit rex &c. if the king would reign with safety — if he would secure his mens lives and his , then let him suffer the catholicks to enjoy their religion — wellfair thy heart bellarmine — that was plain english. it seemes that if the roman catholicks are not pleased there is no security for king , or people , but may not a protestant king enjoy the liberty of his own conscience as the papists desire ●…berty for their consciences . ans. no it is not ( saith bellarmine de pont. rom. lib. 2 cap 7. ) for christians to tolerate an heritical king ( and he that cannot come up to all the abominations of rome is heritical ) if he ende●…vour to draw his subjects to his heresie or unbeleif : but to judge whether a king doth draw to heresie or no , belongeth to the pope , to whom the case of religion is committed : therefore it belongs to the pope to judge a king to be deposed or not deposed . we protestants indeed did think that we should be obedient unto the death rather then resist as all the primitive christians did , who said they could dye but they could not disobey . alas , we are deceived , alas ! if the primitive christians did not depose the emperors , it was because they wanted strength and not because they wanted will saith bellarmine : so that no prince is safe any longer than he keeps under the papists and as they would perswade the world all christians too when there is evident knowledge of the fact , subjects may lawfully exempt themselves from the power of their prince , before any declaratory sentence of a judge , so they have but strength to do it : hence it followes that the papists of england and saxony are to be excused ( saith he ) that do not free themselves from the power of their superiors , nor make war against them because commonly they are not strong enough . it is indeed generally and charitably believed that the pope raiseth his power over kings and princes , onely for their , and the churches spiritual good ah narrow souled we look about you and it hath ( saith one ) been one of the most detestable crimes , and highest impeachment in the world against the pope of rome that under a saint like religious pretense of advancing the church cause , the kingdom of christ , they have for some hundred of years usurped to themselves ( as sole monarchs of the world in the right of christ , whose vicars they pretend themselves to be ) both by doctrinal position , and treasonable practices , an absolute , soveraign , tyranical power over all christian emperours , kings , princes of the world ( who must derive and hold their crowns from them alone , upon their good behaviours at their pleasure ) not only to excommunicate , censure , judge , depose , murder , destroy their sacred persons : but likewise to dispose of their crowns , scepters , kingdomes , and translate them to whom they please . thus o kings are you served in ordine ad spiritualia by the papists — while we poor protestants think . that we cannot do any evil against you : that the greatest good many come to us , or the church thereby . if men came to us to discover any design against your sacred majesty ( whom god preserve ) and asked our advice about it , we must neds have abhored it as treason and have charged them not to touch gods annointed and have urged them with this : can a man touch the lords annointed and be guiltlesse . if they come to gar●…et in england about a powder plot : or to guignard in france about a murther ; tirannus jure interini potest , say the one its good and commendable and heroick , saith the other and both dismisse them , with their blessing , prayer , and absolution . when those licentious men among us acted as we are verily perswaded by jesuitical insinuations , and popish principles : assaulted and murthered hislate majesty of blessed memory — we were all amazed : our nobility offered to dye for him . our clergy , writ , prayed and preached against it , our whole nation abhorred it ; some dyed at the very hearing , others were distracted , and the whole face of england , scotland , and ireland , gathered blacknesse . when clement murthered hen. the 3d. of france , voiez commends him , the preacher at colen connes a whole sermon to extol him , and the pope sextas quintus , makes a solemn panegyrick upon him on september 11. 1589. in the consistory in order to his canonizations — comparing him to ehud , and eleazar — and concluding with this memorable saying , i pray god finish what he hath begun . when ravillac stabbed hen. the 4th . of france , he hath no lesse then two apologies made for him , the one by veruna , the other by guignard , who writes as if he would have done as much ; himself yea he saith that clements murther was most heroical , and most praise-worthy , — adding moreover these words ; — if we in the year 1572. on st. bartholmews day ( in the general massacre of the french protestants ) had cut off the basilicon vein ( h. king of navarre ) we had not fallen out of a feavour , into that plague we now find — sed quioquid delirant reges plectuntur achivi sanguini parcendo , that k. henry should be but over mildly dealt with , if he were thrust from the crown of france into a monastery , and there had his crown shaven — that if hecould not be deposed without a war , a war must be raised against him , but if a war could not be levyed against him : the cause being dead — let him be privily murdered ( as he was ) and taken out of the way : — and when this guignard was justly executed by the parliament of richeome makes an apology for him : and the whole society expostulates against the arrest of parliament . — we say to this day of the powder traytors : cursed be their wrath , for it was cruel : and their anger , for it was sierce : — our souls come not yet into their secrets : — bellarmine he hath written an apology for garnet , — gretzer hath seconded him : eudaemon he goeth along with him : — the whole church hath canonized , the traytors hallowed the treason , and consecrated the villany . — we your protestant subjects stood firmly to your predecessor hen. 8. obeyed heartily that godly prince , fd. the 6. suffered patiently under q. mary : assisted our gracious q. fliz. with our prayers , lives , and fortunes : opened the way cheerfully and unanimously to your famous grandfather king james , to his haereditary dominions and territories : and the sounder part of us had the honour of being involved in the fate and ruine of your father of blessed memory , — that royal champion , and most resolved martyr for the protestant cause . — the papists in the mean time oppose , resist , abuse , affront , revile , and excommunicated h. 8. — rebelled with ket , and other northern men , against ed. the 6. — they incite q. mary to destroy and banish her subjects in whom consisted her strength and honour . they excommunicate q. elizabeth , encourage cullen and others to murther her , assuring them it was not only lawful by the laws , but that they should merit heaven and gods favour by it : further adding with jacques francis , that the realm of england , then was and would be so well setled , that unless mrs. elizabeth ( so he called q. elizabeth ) were suddenly taken away : all the devils in hell would not be able to prevail , to shake or overturn it : — there was a bull that came along with the spanish fleet in 88. when in it was expired — that the pope , by the power given from god by lawful succession from catholick church , for the defection of h. the 8th . who forcibly separated himself and his people from the communion of christians , which was promoted by edward the sixth , and elizabeth ; who being pertinacious and impertinent in the same rebellion and usurpation : therefore the pope incited by the continual perswasions of many , and by the suppliant prayers of the english men themselves . n. b. hath dealt with divers princes , and especially the most potent king of spane , to depose that woman , and punish her pernicious adhaerents in that kingdom , &c. he adds moreover that pope sextus before him prescribed the queen , and took from her all her dignities , titles and rights to the kingdomes of england , and ireland , absolving her subjects from the oath of fidelity and obedience : he chargeth all men upon pain of the wrath of god , that they afford her no favour , help or aid , but use all their strength to bring her to punishment : and that all the english joyn with the spaniard as soon as he is landed : offering rewards and pardon of sins , to them that will lay hands on the queen , — and so shewing on what conditions he gave the kingdome to the king of spain . — read the rest there , for though dangerous it is worth the reading . when we received king james your grandfather , and him your self , and we hope your posterity to whom we do and may acknowledge , that by you we enjoy great quietnesse : and we hope many worthy deeds may be done to this nation by your providence , which we shall accept alwayes in all places with all ehankfulnesse : when i say we received that excellent king with all cheerfulnesse , there was a bull from pope clement the 8th . directed to h. garnet superiour of the jesuites in england : whereby he commanded all the archpriests , priests , popish clergy , peers , nobles , and catholiques of england , that after the death of queen elizabeth , by the course of nature or otherwise , whosoever shall lay claim or title to the crown of england ( though never so directly , or nearly interested by descent ) should not be admitted unto the throne , unlesse he would first tolerate the popish religion , and by his best endeavours promote the catholique cause ; unto which by his solemn and sacred oath , he should religiously subscribe , after the death of that miserable woman ; ( so he styleth q. elizabeth . ) by virtue of which bull , the jesuites after her decease disswaded the romish subjects , from yielding in any wise obedience to king james as their soveraign ; — insomuch that the catholiques durst not be good subjects : until parsons and champions , procured them an indulgence to that purpose from the pope . — and what do you think would cobham gray &c. have done ? they say they would have surprized k. james his person before he was crowned , and his son , h. and imprison them in the tower of london . in dover-castle , till they enforced them by durance to grant a free toleration of their catholick religion , to remove some evil counsellors from about them , ( evil counsellors do you hear ) or else they would put some further project against them in execution to their destruction . but say the good papists here — really we abhorre all these treasons . a. do you in earnest ? — it is well ; but i will tell you a story : — when the parliament of paris asked the jesuites their judgement of sanctarellus his book , v. 12. ( seeing their general had approved the book , and judged the things there written to be certain , whether they are of the same mind ? ) they answered ( that living at rome , he could not but approve what was there approved of ) but say the parliament what think you ? say the jesuites the clean contrary — say the examiners ; but what would you do if you were at rome say the jesuites ? — that which they do that are at rome : at which , said some of the parliament , what ! have they one conscience at rome , and another at paris ? — god blesse us from such confessors as these : — i leave it with you to apply it . not to be endlesse , hear what one john brown a priest , aged 72 years , saith of them : — prynnes introduction , p. 202 , 203 , 204 , 205 , 206 , 212. the principal instruments the popes imployed of late years , in these their unchristian treasonable designes , have been pragmatical , furious , active j●…ites , whose society was first erected by ignatius loyola ( a spaniard by birth , but a ( c ) souldier by profession ) and confirmed by pope paul the 3. anno 1540. which order consisting onely of ten persons at first , and confined only to sixty by this pope , hath so monstrously increased by the popes and spaniards favours and assistance ( whose chief janizaries , factors , intelligencers they are ) that in the year 1626. ( d ) they caused the picture of ignatius their founder to be cut in brasse , with a goodly olive tree growing ( like jesses root ) out of his side , spreading its branches into all kingdomes and provinces of the world , where the jesuites have any colledges and seminaries , with the name of the province at the foot of the branch , which hath as many leaves as they have colledges and residencies in that province ; in which leaves , are the names of the towns and villages where these colledges are situated : round about the tree are the pictures of all the illustrious persons of their order ; and in ignatius his right hand , there is a paper , wherein these words are engraven , ego sicut oliva fructifera in domo dei ; taken out of ps. 52. 8. which pourtraictures they then printed and published to the world : wherein they set forth the number of their colledges and seminaries to be no lesse then 777. ( increased to 155 more , by the year 1640. ) in all 932. as they published in like pictures and pageants printed at antwerp , 1640. besides sundry new colledges and seminaries erected since . in these colledges and seminaries of theirs , they had then ( as they print ) 15591 fellows of their society of jesus , besides the novices , scholars , and lay-brethren of their order , amounting to near ten times that number . so infinitely did this evil weed grow and spread it self , within one hundred years after its first planting . and which is most observable , of these colledges and seminaries they reckoned then no lesse then 15 ( secret ones ) * in provincia anglicana , in the province of england , where were 267 socii or fellows of that society , besides 4 colledges of jesuites elsewhere . in ireland and elsewhere 8 colledges of irish jesuites : and in scotland and otherwhere 2 residencies of scottish jesuites . what the chief imployments of ignatius and his numerous swarms of disciples are in the world , his own society at the time of his canonization for a romish saint , sufficiently discovered in their painted pageants , then shewed to the people , ( e ) wherein they pourtraied this new saint holding the whole world in his hand , and fire streaming out forth of his heart ( rather to set the whole world on sire by combustions , wars , treasons , powder-plots , schismes new state , and old church-heresies , then to enlighten it ) with this motto ; veni ignem mittere : i came to send sire into the world ; which the university of cracow in poland . objected ( amongst other articles ) against them , anno 1662. and alphonsus de uargas more largely insisteth on in his relatio de stratagematis & sophismatis politicis jesuitarum , &c. an. 1641. c. 7 , 8. 24. their number being so infinite , and the ( f ) pope and spaniard too , having long since ( by g campanella's advice ) erected many colledges n rome , italy , spain , the netherlands , and elsewhere , for english , scottish , irish jesuites ( as well as for such secular priests , friers , nuns ) of purpose to promote their designs against protestant princes , realms , churches , parliaments of england , scotland , ireland , and to reduce them under their long prosecuted h universal monarchy over them , by fraud , policy , treason , intestine divisions , and wars , being unable to effect it by their own power ; no doubt of late years many hundreds , if not thousands , of this society , have crept into england , scotland and ireland , lurking under several disguises ; yea , an whole colledge of them sate weekly in counsel , in or near westminster , some few years since , under conne the popes nuntio , on purpose to embroyle england and scotland in bloody civil wars , thereby to endanger , shake , subvert these realms , and destroy the late king ( as you may read at large in my romes master-piece , published by the commons special order , an. 1643. ) who occasioned , excited , fomented , the first and second intended ( but happily prevented ) wars between england and scotland , and after that , the unhappy differences , wars , between the king , parliament , and our three protestant kingdoms , to bring them to utter desolation , and extirpate our reformed religion . we conclude this importunity with the prayer on the 5 th . of november for your majesty . o lord who didst this day discover the snares of death that were laid for us , and didst wonderfully deliver us from the same ; be thou still our mighty protector , and scatter our enemies that delight in bloud , infatuate and defeat their counsels abate their pride , asswage their malice , and confound their devices . strengthen the hand of our gracious king charles , and all that are put in authority under him , with judgement and justice , to cut off all such workers of iniquity , as turn religion into rebellion , and faith into saction ; that they may never prevail against us , or triumpth in the ruin of thy church among us ; but that our gracious soveraigns realms , being preserved in thy true religion , and by thy merciful goodnesse protected in the same , we may all duly serve thee , and give thanks in thy holy congregation , through jesus christ our lord. amen . philolaus : or , popery discovered to the people , in a serious disswasion from it . dear country-men , and beloved in the lord jesus : you are so conscious of your duty to kings , so obliged to their government , so faithful to their person , so regardful of the peace and happiness you enjoy under them , every one under his own vine , and under his own fig-tree , and so sensible of the misery of rebellion , disturbance and confusion ; that we need not use any other argument to disswade you from popery than this , that it is a religion written in many of your dread soveraigns sacred blood : a religion whose prime article ( as some of them say ) is treason ; a religion managed by conspirators , and advanced by those who are born for the overthrow of states and kingdoms ; who turn the world upside down . we know your souls abhor these courses , and detest these villanies : but this is not all ; this way threatneth not onely your kings , but your selves , — endangereth not onely their lives , but your souls : — it 's not onely a great inconvenience that hindereth your peace and settlement in this world , but a mischief that may hinder your salvation in the next . we hope indeed that you have received the truth of your own religion in much assurance ; that you are rooted and grounded in the faith : since you have scarched the scriptures ( which the papists kept from you ) and finde that these things are so : since you have felt the power and comfort of the truth in your souls : since you finde it owned by gods wonderful dispensations in the world , whereby it 's great , and doth prevail , and seated in your hearts by his spirit : since you see it eminent in the lives of many good men , and confirmed by the death of as many excellent confessors and martyrs , who vouch it with their last breath , and seal it with their dearest blood : since you know it 's owned by the church of rome its self ( which hath nothing , which we may call a religion , but ours , viz. the scriptures , the lords prayer , the creed , and the ten commandments , &c. to which they have added their own idolatrous , superstitious , idle and vain inventions , which is all the religion they have differing from us . ) we are perswaded that you will not easily be moved from the the hope of the gospel . — yet that we may according to our duties assist our gracious soveraign , and endeavour to establish your hearts , while he is establishing your religion , — that while he with the advice of his great council , by a serious law restrains you from popery , for fear ; we by serious motives may refrain from it , for conscience sake . — the scandals given you are many , the seducers are numerous , their insinuations are plausible , their temptations are taking : you , many of you are weak , and we ( the lord forgive us ) have been too careless , and almost asleep , while the enemies sow tares among us : therefore we must leave with you a few plain words , that you may have always before you ; yea , that they may be in your heart , that you may teach them diligently to your children , that you may talk of them when you sit in your house , when you walk by the way , when you lie down , and when you rise up . many may write to you with more profoundness , none write to you with more sincere servencie , and earnest desire to save you : and we are very sensible , that while exact learned writings are taken up onely by learned men , it is necessary that there be some plain discourses written , whereby the truth may with evidence be conveyed to you . 1. we taught you ( who are our joy and crown , who we hope will be our rejoycing in the day of our lord jesus ) we taught you a religion pure and undefiled before god , — which consists in solid virtue , serious holiness ; an exact conversation , led soberly , righteously , peaceably , and godly in this present world ; a religion perfect , right , pure , sure , faithful , holy , just , spiritual , lively , operative , heavenly ; that enlighneth the minde , sanctifieth the heart , reforms the life , — frames a man after gods own image , in righteousness and true holiness . — we taught , and do teach you a truth which is after godliness , a mystery of godliness ; a religion that may make you wise to salvation through faith which is in christ jesus ; which may be profitable for doctrine , for reproof , for correction , for instruction in righteousness ; that you may be perfect , and throughly furnished unto all good works ; in whatsoever things are true , whatsoever things are honest , whatsoever things are just , whatsoever things are pure , whatsoever things are lovely , whatsoever things are of good report : if there be any virture , if there be any praise . alas ! the papists having nothing besides the scripture , which we have as well as they ( which yet you shall not read ) but vain shadows of holiness ; a gross form of godliness , which they cozen the vulgar with , consisting in latine-service , images , tapers , rich vestures , crosses , sentings , holy-water , offerings , prostrations , processions , pilgrimages , and other bodily exercises that profit nothing ; whereas that true godliness which you profess is profitable for this life , and for that which is to come . they can teach you nothing but their own vain and useless inventions , whereby they make void the commandments of god : nothing that may settle the heart , establish the conscience , satisfie the soul , weaken sin , strengthen grace , promote your comfort , or secure your eternity . 2. we have preached , and do preach to you a religion plain and close , which requires not so much shrewd and subtle heads , as good and honest hearts , luk. 8. 5. the testimony of the lord , that is sure , making wise the simple . we made your way plain before you . they of rome will perplex you with those infinite rules of faith , which the learned among them cannot comprehend : when you have endeavoured to know the minde of god in the scripture , that you might believe , and in believing might have lise , you have d●… nothing ; there are endless traditions which no one man ever saw , which you shall never know , but yet must believe them : many volumes of councils which you never saw , you must receive ; all the popes decrees , whereof some are not yet published , you must assent to , before you can be saved : to day you may believe all the traditions , councils , decrees and impositions of the church of rome , and be saved ; and to morrow the pope may set out a new decree , or a new article of faith , which if you do not believe , you are damned : while you are here secure , you know not but that there is a new article of faith defined by the pope , which you do not know , and not knowing , cannot believe , and not believing may perish for ever . ah! happy you who need not say , who shall go into heaven , or hell , or the uttermost parts of the earth to fetch down a rule of faith from thence ? — the word is nigh , even in your hearts , and in your mouths . 3. we have perswaded , and do still perswade you , that without knowledge , the minde is not good ; we have intreated you to grow in all knowledge , and in all goodness : and we cease not to pray that you may abound more and more in knowledge , and in all judgement : you have a sure word of prophecie , to which , we say , you would do well to take heed , as unto a light shining in a dark place , a light to your feet , and a lanthorn to your paths . — we say , — when an holy wisedom entereth into your hearts and knowledge , it 's pleasant unto your souls ; discretion shall preserve you , and understanding shall keep you , to deliver you , &c. there are those abroad , a part of whose religion it is to make you perish for want of knowledge , to keep you under the power of darkness , that you may walk after the vanity of your minde , having your understanding darkned , being alienated from the life of god , through the ignorance that is in you , because of the blindness of your hearts . — that scripture , which we have translated for you , which is your meat , your drink , your delight , sweeter then honey or the honey-comb , of more value than the world , must be taken from you ; and if they prevail ( as we know they will not ) it will be no less than death , to read that word , which is dearer to you than your lives : your faithful ministers , to whom you would have given your right eyes , must be removed into corners ; yea , and must seal that doctrine with their blood , which they now deliver you . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 — o the light is sweet , and a pleasant thing it is to behold the sun ! — if the light that is in us be darkness , how great , how sad is that darkness ! a god we must own , but shall not know him ; a saviour we must have , but we must that come to him , though this is life eternal to know him , and the father who hath sent him . duties we must do , that we may live ; but we shall not understand them : scriptures there are written to our comfort , but we must not read them . we erre , not knowing the scripture ( saith out saviour ) we erre by knowing the scripture , say the roman catholicks . hear , read , ( saith god ) and your souls shall live : read , saith the papist , and you shall surely dye . o wretched mankind ! a great part whereof mahomet hath taught not to hear reason , that they may judge in themselves what is right : — a great part whereof the pope hath traught not to hear the scripture , which is no vain thing , which is our life . — a sad religion ! ( if i may call it religion ) that sets up the kingdom of darkness , by which the devil may rule in the children of disobedience . — a religion that hoodwinks poor people in forced ignorance ( when alas ! we are all too willingly ignorant ) lest we should know gods will , or any way to heaven , but theirs ; so as millions of souls live no less without scripture , than if there were none : that forbids spiritual food as poyson , and fetcheth god's book into the inquisition . — 4. although the church and our selves by her appointment , first discovered to you the eternal truth ; yet have we not suffered you to rest upon us , who may deceive , and be deceived ; but have led to the rock that is higher than us , and resolved your faith into a foundation that cannot fail , the truth and authority discovered in his word , by his spirit . — they , they of rome , who are now so busie , will take you off from the foundation of god , which standeth sure : — they will perswade you that the word of god which you know is pure , is corrupt ; that the law of god , which you know is perfect , is defective ; that the scriptures , which you know in things necessary evident , are dark : and all this to what purpose ? but to settle you upon men , who you know are a lie ; to make you rest on councils , who , saith bellarm. himself , l. 2. c. 11. p. 153. may erre : particular councils confirmed by the pope , may erre in faith and manners . some catholicks affirm , saith bell. de concil . ecclesiasticis , l. 2. c. 5. p. 110. or upon popes , whereof some have been infidels ; and privately conferring with their cardinals , said , oh how much gain this fable of christ hath brought us ! others have been witches , others murtherers , others whoremongers , ravishing women in the apostolick doors : others ( as their own records testifie ) by bribes , by devils , by vvitches , have climbed up to the infallible chair . oh can you trust your souls with those men which have confessed to have given their souls to the devil , that they might be popes ! yea , which is worst of all , the poor catholicks , when they have relied upon this man as infallible today , must tomorrow relie upon another pope as infallible , who may declare this man an heretick : if they believe not he is infallible , they are damned ; and if they believe not he is an heretick , when declared by another pope to be so , they are damned too : ah , poor men ! 5. we teach you to serve the true god , and him onely to worship : and we tell you he is a jealous god , and he will not give his honour to another : and that idolatry hath been the ruine of all nations in this world , and is the damnation of men without repentance in the world to come . you know that idolaters shall not inherit the kingdom of heaven ; for without are idolaters , rev. 22. 15. yet they , they who now with fair words deceive the hearts of the simple , have a design to bring you to worship stocks and stones , with the same honour that is due to god blessed for ever ! and lest your hearts should rise against graven images ; lest you should not bow down to them , nor worship them , against the letter of the second commandment ; — they leave out those words of that second commandment , as a needless illustration in their chatechisms and prayer-books to the people . the smith with the tongs both worketh in the coals , and fashioneth it with hammers , and worketh it with the strength of his arms : yea , he is hungry , and his strength faileth : he drinketh no water , and is faint . the carpenter stretcheth out his rule : he marketh it out with a line : he fitteth it with planes , and he marketh it out with the compass , and maketh it after the figure of a man , according to the beauty of a man ; that it may remain in the house . — thus he maketh a god , even his graven image : he falleth down unto it , and worshippeth it , and prayeth unto it , and saith , deliver me , for thou art my god. they have not known , nor understood : for he hath shut their eyes , that they cannot see ; and their hearts , that they cannot understand . and none considereth in his heart , neither is there knowledge nor understanding to say , i have burnt part of it in the fire , yea , also i have baked bread upon the coals thereof : i have rosted flesh and eaten it , and shall i make the residue thereof an abomination ? shall i fall down to the stock of a tree ? he feedeth of ashes : a deceived heart hath turned him aside , that he cannot deliver his soul , nor say , is there not a lie in my right hand ? isai. 44. 12 , 13. — 16. to 20. in a voluntary humility do these men worship angels , who said expresly to st. john , worship thou god. now you seek god in his ordinances , and desire to see him in his holy temple . — if you be seduced by them , you must go onely to poor creatures like your selves . — 6. we — or do we onely ? doth not our god likewise teach you , that if any man adde to his holy word , he shall adde to him the plagues that are written in this book ? — yet if ever they prevail , you must believe more scripture then ever god inspired , or his ancient church received ; and you must do it upon no less penalty then if god himself should speak from heaven . — sad ! you must believe what an angel from heaven is accursed if he teach you . they have a designe , beloved , to set up a man in stead of god , who may create new articles of faith at his pleasure , and impose them upon necessity of salvation . in vain , it seems , came christ from the bosome of the father to reveal his will : in vain doth the spirit lead us to all truth : in vain have we thought that our priests lips should preserve knowledge , and that the people should seek it at their mouth : in vain have we gone to the law and to the testimonies , concluding that if men spoke not according to them , it was because there was no light in them . if we must lay aside all , and wait upon the popes oracles , how shall we be sure that he is infallible ? not because he saith so : for if he bears witness of himself , his witness is not true . — not because the scripture saith so : for that ( they say ) is no further true then he confirms it . not because he is st. peters successour : for we are not sure st. peter was at rome : if he was there , we are not sure that he was bishop there , being an apostle of the circumcision , i. e. of the jews , and not of the romans . if he was there bishop , we are not sure he was infallible , who denyed his master thrice , and dissembled once : — if he was infallible , we are not sure he left any heirs of his grace and spirit , — or if any , we are not sure he left one in a perpetual and visible succession at rome : — that he so be queathed his infallibility to his chair , as that whosoever sits in it , cannot but speak true ; that all which sit where he sate , must by some instinct say as he taught : — that if peter was infallible by vertue of christs promise ; yet that what christ said to him , absolutely , ere ever rome was thought of , must be referred , yea , tyed to it : that the pope whose life , whose pen , whose judgement , whose keys may erre ; yet in his pontifical chair cannot erre . — that the line of this apostolical succession in the confusion of so many long and desperate schisms ( when there was one pope in one place , another in another ) shamefully corrupt usurpations and intrusions , confessed heresies , open profaness , and celebrated infidelity , neither was nor can be broken . — if you are not sure of these and many more things , whereof some are impossible , most are improbable ; you are sure of nothing in popery . oh , the lamentable hazard of so many millions of poor souls , that stand upon these slippery termes ! o miserable grounds of popish faith ! whereof the best can have but this security , that perhaps it may be true . — 7. we and our church have taught you a serious religion which angels desire to look into , which men reverence , which carrieth a divine authority , a heavenly awe , a spiritual power along with it , that prevails upon all that hear it . ten men are ready to lay hold on him who is a jew , i. e. a professor of the true religion ; — and say , vve will go with you , for god is with you . but alas , they of rome have set up a religion that made sport to our plain fore-fathers , with the remembrance of her gravest devotion . how oft have we seen them laugh at themselves , whilst they have told of their creeping crouch , their kissing the pax , offering their candles , signing with ashes , partial shifts , merry pilgrimages , ridiculous miracles ; and a thousand such maygames , which we are ashamed to name ? while you are taught that decent worship , that solemn devotion , those comely approaches to the throne of grace , that make all christians rejoyce to behold your order , grave , solemn , and heavenly . we cannot but pity that religion , whose vanities very boyes do shout and laugh at ; if for no more but this , that it teacheth men to put confidence in beads , medals , roses , hallowed swords , spells of the gospel , agnus dei , &c. ascribing unto them divine virtue , — yea , so much as is due to the son of god and his precious blood . you are taught to draw neer to god , to hear his word in a language you understand , and to make your requests known unto god , in a wholesome form of sound words you can assent to : and there come in some ( it may be ) when you are gathered together in one place that believe not , or one unlearned ; he is convinced of all , he is judged of all : and thus are the secrets of his heart made manifest ; and so falling down on his face , he will worship god , and report that god is in you of a truth . — when they of the church of rome are together in one place , they all speak with tongues ; and there come in those that are unlearned , or unbelievers , and they say that they are mad : so that the great god is blasphemed , christian religion is dishonoured , atheism is promoted , and the world is ready to be shut up in unbelief . 8. we , our god , our church hath taught you a religion that teacheth to deny all ungodliness , and all worldly lusts ; to hate every false way ; to allow no evil inclination in our nature , nor disorder or sin in our life : a religion that teacheth us to deny our selves , to walk in a narrow way , to mortific our lusts , to abstain from all appearance of evil , to walk circumspectly , to live without rebuke in the midst of a crooked and perverse generation , to set god always before us ; — and not allow our selves or others in the least evil . the poor deluded souls of rome endeavour by all means to set up a way that professeth to be a baud to sin , whilst both ( in practice ) they tolerate open stews , and prefer fornication in some cases before marriage , which is honourable among all men , and the bed undefiled ; and gently blanch over the breaches of gods law , with the name of venials , and such favourable titles of diminution ; daring to affirm that venial sins are no hinderance to a mans clearness and perfection . — they would deceive you and themselves with a pretended power in the pope to dispense with those sins which none can forgive but god : — they encourage one another , and the vitiously inclined world to all excess of riot , with a vain hope that sin may be bought and sold , that pardon may be had for money , and that riches will profit in the day of wrath . so as hell can have no dives , no rich men in it ; but fools and the friendless devils indeed are tormentors there : yet men can command devils , and money can command men . — we have taught you to fear an oath , and to swear in truth , righteousness and judgement , and to speak the truth one to another , for the peace and security of the world . how can men live by one another , unless they can believe what each speaks or swears to other ? — but alas , rome would impose upon us a religion ( shall i call it a religion ? ) that allows jugling equivocations , and reserved senses in our very oaths . — — o sad ! swear one thing , mean another ; mock god , and deceive the world ! hear what cardinal ostatus reports of pope clement the eighth , who said , he urged that the king of france should joyn with spain in the invasion of england : — but the cardinal replyed , that that king was tyed by an oath to the queen of england ; whereunto the pope answered , ( and they say he is infallible ) that the oath was made to an heretick , but he was bound in another oath to god and the pope ; — and that kings may allow themselves all things which make for their advantage : indeed ( saith he , using the duke of urbins words ) everyone doth blame a noble man that is not a soveraign if he keep not his word ; but supream princes may without any danger to their reputation , make covenants and break them , or betray , and perpetrate other such like things . what shall a confessor do ( saith franc. de s. victoriâ , an ingenious papist , and a learned reader of divinity in salamanca ) if he be asked of a sin that he hath heard in confession ? may he say that he knows not of it ? i answer , ( saith he ) according to all our doctors , that he may . but what if he be compelled to swear ? i say that he may and ought to swear that he knoweth it not ; for it is understood that he knoweth it not besides confession ; and so he swears true . but what if he be asked upon oath , whether he knew it in confession or no ? i answer , ( saith he ) that a man thus urged , may still swear that he knoweth it not in confession ; i. e. not so as to reveal it . o wise , cunning , deep and holy perjuries , unknown to our fore-fathers ! — yea , which is worst of all , they do obtrude upon the world so many idle legends , so many false discourses , so many lying miracles , so many pious frauds , as that they have shaken mens belief of all antiquity ; such ridiculous and improbable things , that they sure can hardly deliver them without laughter , ( pleasing themselves to see how they deceive the world ) and their abettors cannot hear them without shame and confusion of face . it 's a sad thing to see the wiser sort of the world read those stories on winter-nights for sport , which the poor credulous multitude hear in their churches , with a devout astonishment . neither do they satisfie themselves with these false suggestions they have thrust upon the world ; but in conscience of their untruth , they go about to deprave all authors that may give evidence against them ; to outface ancient truths , and to deface all monuments of primitive belief and practice ; leaving nothing unattempted against heaven or earth that may promote their interest , and disable us their innocent adversaries ; though thereby they blot out all religion , and suppress all truth . we teach you to keep holy the sabbath day , prescribing the careful observation of this day and others , as the onely means to keep up the life and power of religion in the world : — but alas ! they turn not away their feet from the sabbath , from doing their pleasure upon god's holy day : they call not the sabbath a delight , the holy of the lord and honourable , neither do they honour it ; but upon it they do their own ways , they finde their own pleasure , and speak their own words . — 9. our church indeed preserveth , teacheth , openeth , confirmeth , and urgeth the truth ; yet so as ( your selves being judges , and allowed a judgement of discretion : ) she urgeth nothing contrary to scripture , sense and reason . — yet if our church were overthrown , there are they that would overthrow with it , scripture , sense and reason . — not to mention their infinite vanities introduced to the church , which rob poor souls of the sound and plain helps of true piety and salvation ; they take from you one half of that heavenly , which our saviour left for his last and dearest legacie to his church for ever : as if christs ordinances were superfluous , or they were wiser than their redeemer , against express scripture , which saith , drink ye all of this cup. they would have you mock god with a few latine prayers , without faith , ignorantly ; without comfort , unprofitably ; expresly contrary to the 14 chapter of the 1 epistle to the corinthians . — and lest ought should here be wanting to the affront of the scripture , and the setting up of the doctrine of devils : they forbid to marry ; yea , they teach it is better to burn then to marry . and when our church hath taught you , that all things are lawful , that every creature of god is good , and none to be refused ; all things being yours , as you are christs : — onely that you must admit three moderations of your christian liberty , sobriety , charity , and duty in obedience to your soveraign forbidding your private enjoyment of some things for publick good . — but they of rome will impose upon you a relgious prohibition of meat , and differences of diet ; superstitiously preferring gods workmanship to it self , and willingly polluting what he hath sanctified . — but wherefore should ye , being dead with christ from the rudiments of the world , as though living in the world , be subject to ordinances ? — touch not , taste not , handle not ; which all are to perish with the using , after the commandments and doctrines of men ; which things have indeed a shew of wisdom , in will-worship and humility , and neglecting of the body , &c. — neither may you onely go against the word of god , but even against reason it self : if you be a papist , you must believe the body of christ in ten thousand places at once , and yet in no place ; you must believe it in heaven , and yet every where ; you must believe it flesh , and no flesh : several members without distinction ; a substance without quantity , and other accidents ; or substance and accidents that cannot be seen , felt , or perceived ; and so your saviour , a monster or nothing : — yea , you must go against your own senses : you must see bread , yet not believe it ; you must taste wine , yet say it's blood . — and yet to what pass are we brought , if we cannot believe our senses ? yea , you must worship those whom the scriptures declare wicked , for saints ; and adore them , whom all the world know were lewd , for martyrs . — you must honour rebels , villains , with temples , altars and invocations : and yet you must believe them who lived according to scripture-rule , to be villains , &c. wickliff a blasphemer , luther a devil , calvin a sodomite , tyndal a whoremonger , beza and king apostates , — protestants hereticks , q. elizabeth a lewd woman , our bishops ordained in a tavern . — o thus , thus must you live against scripture , against experience , against sense , against reason . 10. we desire you to attend upon gods ordinance humbly , reverently , and in faith ; and say his ordinances are his power to their salvation that so wait upon him . — but alas ! they of rome will force you to believe that when you have prepared your selves to meet your god in his ways , yet it shall be to you onely according to your priests intention . if he intend the sacrament to your good , it 's your life ; if not , you receive it to your damnation . alas ! who knows when the minister intends what he is about ? how shall you , if you are papists , know whether you hear effectually , — whether you pray savingly , — whether you receive the sacrament successfully , seeing you depend wholly upon the priests intention ? — we must needs pity that religion that is not sure of lawful bishops , because they know not their intention that ordained them ; no regular priests , because they know not their thoughts that ordained them : — a religion this sure , that was contrived to perplex the world . 11. we desire to be helpers of your joy , and promoters of your eternal comfort , — that through the comfort of the scriptures opened by us , you might have hope . they of rome make it their business to torment and frighten you , to vex and perplex you : they will make you believe that so soon as you are born you must be cast remedilesly unto the eternal pains of hell for want of baptism , which you could not live to desire : thus they damn all your infants , and throw all those innocents to hell whom our saviour thought fittest for the kingdome of heaven . and if you have lived beyond your baptism , they will fright you , poor souls , with expectation of feigned torments in purgatory , not inferiour ( for the time ) to the flames of the damned . how wretchedly and fearfully must you , poor men , live ? how sadly will you die in that way , wherein you are sure to go through a hell to heaven ? yea , you are not sure you shall ever go to heaven ; for they will perswade you that you neither can nor ought to be assured either of present grace , or of future salvation . — we indeed wish you to make your calling and your election sure , — but they say you cannot . — oh an uncomfortable religion , wherein i must enter to an eternity , but god knoweth whether of woe or weale ; wherein i must say to an immortal soul , animala vagula , blundula , quâ vadis in loca ? &c. — o poor soul , whither art thou going ? neither must you onely live in fear of your estate in another world , while you are in that way , but in infinite cares and vexations in this , — while they rack your consciences with the needless torture of a necessary shrift , — wherein the vertue of absolution depends on the fulness of confession , and that upon examination ; and the sufficiencie of examination is so full of ●…ruples , ( besides those infinite cares of unresolved doubts in this pretended penance ) that the poor soul. never knows when it is clear . — and that they may compleat your misery , — they take you off from that comfort you receive from your saviours satisfaction for you , and make you relye upon your works , whereby no man was ever justified before god : — yea , and when all is done by christ and your selves , you must go to the flames , and thence be redeemed with such corruptible things as silver and gold . beloved , if they could shew you a more excellent way for gods glory , the advancement of grace , and the settlement of your comfort ; we would perswade you to follow them , — but now it appears that they desire onely the advancement of the pope , whom if you submit to , you may believe what you will ; for he writ to queen elizabeth , that he would confirm all her and our religion , if she would but own him head of the church . now it appears that they destroy religion , endanger poor souls , and disturb the world , onely for a few mens interests , who seek their own . — mark and avoid them , have nothing to do with them , lest if you perish , your blood be upon your own heads : keep close to god , stick fast to his truth , keep within his church , live by his grace , keep up the power of religion in your hearts , be at peace among your selves ; and your blood be upon our heads if you perish . bishop sanderson . but if what is spoken upon examination , appear to have any repugnancie with godliness , in any one branch or duty thereunto belonging , we may be sure the words cannot be wholesome words . it can be no heavenly doctrine that teacheth men to be earthly , sensual , or devillish ; or that tendeth to make men unjust in their dealings , uncharitable in their censures , undutiful to their superiours , or any other way superstitious , licentious or profane . i note it not without much gratulation and rejoycing to us of this church . there are , god knoweth , afoot in the christian world controversies more then a good many ; decads , centuries , chiliads of novel tenents brought in this last age , ( which were never believed , many of them scarce ever heard of in the ancient church ) by sectaries of all sorts . now it is our great comfort , ( blessed be god for it ) that the doctrine established in the church of england , ( i mean the publick doctrine , for that is it we are to hold to , passing by private opinions ) i say , the publick doctrine of our church is such , as is not justly chargeable with any impiety , contrarious to any part of that duty we owe either to god or man. o that our conversation were as free from exception as our religion is ! oh that we were sufficiently careful to preserve the honour and lustre of the truth we profess , by the correspondencie of our lives and actions thereunto ! and upon this point we dare boldly joyn issue with our clamourous adversaries on either hand , papists , i mean , and disciplinarians ; who do both so loudly , but unjustly accuse us and our religion : they , as carnal , and licentious ; these , as popish and superstitious . as eliah once said to the baalites , that god that answereth by fire , let him him be god : so may we say to either of both ; and when we have said it , not fear to put it to a fair tryal : that church whose doctrine , confession and worship is most according to godliness , let that be the true church . finis . notes, typically marginal, from the original text notes for div a56188-e130 〈◊〉 1 dan. pri. arist. pol. 1. val. mar 16. halic . l. 2. iustinian l 2. theodor l. 6. euseb. vit . const. 3. 13. socrates eccles hist. 6. niceph. 8. 7. theodor. ecl . h. 4. 4. surius concil . tom. 1. & 2. 2 dang prin . b●lson . chr. sub . l. 1. carel. juris l 2 confes. fid . o● , eccles. ●●●ic . church engl. fides jesu . ●● vid hospin . thist . his l 4. mercure hist. p 1 p 884. sanctarel . de haer . extrau . de obed . dr. cracanth . popes mon b●●●n co●●p . 1 r●p . thuan passim . hist 1 tom. ●● hoc 3 du plest●● hist. pap. and many more gathered together by goldastus , mistery jes. antico●…om printed anno 1633. censura sacrae ●…cologiae paris in librum anti. sanct . paris pory 1626. alphonsa di varos tolet. d●…aratio ad ●…ges . christianos stratagem . aulit . ●…uc . jes. ●…monarch orb●…s sib iconficiendam a. 1641. king 〈◊〉 to all christian k●…ngs . in vocc ty●…n . de reg. in●…t l. c. 1. insit . l. c. 3. ibid. a●… 1●… . ib●… . hist fam. h. 4. hist ga●… l 1. p. ●…26 . see dr. 〈◊〉 way c 10. p. 46. g●…ston . hast. xeth p. 764. thuan. l 7●… . 3 jac to c. 〈◊〉 2●…6 arraign . traytors . theol. hon. 1. c. 12. see bensor . chap. c●…r . b●…shop taylor serm dedic . to the late ●…chbishop of ca●… . 1●… de po●…t . rom. 〈◊〉 parl. l. 3. apol. cor. c 3. philop. sect. 2. de offic . princ. chr. c. 5. treshar . deb . watsons quoal . p. 295 fudaem . apol. gorn . suarez . def . fin . 6. b. p. epist. ●…r . impr. anno 1609. 〈◊〉 , p 〈◊〉 〈◊〉 6. bell de parl. 5 , 6. tred ep. ad pope greg 9 innocent , 4 record by math. paris , p 332 mr. prynne epist. before vindic. vid sund. ●…m ad clerum . 2. vid. ●…ook , 7. thes. 1. vid. et l. regis elench . mo. 1 vid. proc , pul. se speed p 1181. cambd. q. eliz. cooke inst. 7. de pont. 1 c. 1 jac. 1. be they cath. p. 350. see maffae ●…s v●…geus & petrus ●…deniera in ●…ta ignatii loyol hayli●…s m●…cto 〈◊〉 , p 17 9 see lewes o●… his jesuites looking glass , printed london 16●…9 . the ●…pistle to the reader , & p 48 to 58 ●…bilaeum , sive speculum jesuiticum . printed 644. p. 307. to 213. hospin . hist. jesuitica , l. 2. * speculum jesui●… . p 210. see romes master-piece . & 〈◊〉 doom , p. 435. &c. hidden work o●… da●…ness 88 , 144. mercure jesuit , to●… 1. p. 67. speculum j●…suiticum p 156 see ●…ewis owen his running register , & his jesuited loo●… glasse the 〈◊〉 of the english nunnery at lisbon . g de monarchia hispanica , p. 146 , 147 , 148 , 149 , 204 , 234 , 235 , 236 , 185 , 186. h see tho●…a campan●… . de monarchia hispan . watsons quodl bets , co●…tona post huma p 19. to 107. c●…dinal de ossets letters arcana imperii hispanici deiph 6●…8 . advice a tous les estat's de europe , touches les maxi mas fundamentales de gvernment & 〈◊〉 ●…spaginols paris 16●…5 . notes for div a56188-e5030 psal. 19. 5. psal. 119. 118 , 140 , 〈◊〉 138. 2 tim. 3. 16. phil. 4. 8. bishop halls disswasive . bishop hall. ibid. 〈◊〉 . see aen. sylvius , telesphorus , platina , and baron . annal . bishop hall. bishop hall ibid. bishop hall. ibid. ep. 87. fran. s. vic. ord . praed . sum . sacr . art . 184. p. 124. the vniversity of oxfords plea refuted, or, a full answer to a late printed paper intituled, the priviledges of the university of oxford in point of visitation together with the universities answer to the summons of the visitors ... / by william prynne, esq. ... prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56225 of text r5306 in the english short title catalog (wing p4121). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 156 kb of xml-encoded text transcribed from 35 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56225 wing p4121 estc r5306 12378281 ocm 12378281 60652 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56225) transcribed from: (early english books online ; image set 60652) images scanned from microfilm: (early english books, 1641-1700 ; 223:14) the vniversity of oxfords plea refuted, or, a full answer to a late printed paper intituled, the priviledges of the university of oxford in point of visitation together with the universities answer to the summons of the visitors ... / by william prynne, esq. ... prynne, william, 1600-1669. allestree, richard, 1619-1681. fell, john, 1625-1686. langbaine, gerard, 1609-1658. waring, robert, 1614-1658. [2], 64 p. printed by t.b. for michael spark ..., london : 1647. the authorship of the priviledges of the university of oxford in point of visitation has been variously attributed to richard allestree, john fell, and gerard langbaine. robert waring claimed the authorship himself. cf. madan. errata: p. 64. reproduction of original in yale university library. eng university of oxford. priviledges of the university of oxford in point of visitation. a56225 r5306 (wing p4121). civilwar no the vniversity of oxfords plea refuted. or, a full answer to a late printed paper, intituled, the priviledges of the vniversity of oxford in prynne, william 1647 24389 286 0 0 0 0 0 117 f the rate of 117 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2002-03 tcp assigned for keying and markup 2002-05 aptara keyed and coded from proquest page images 2002-06 kirk davis sampled and proofread 2002-06 kirk davis text and markup reviewed and edited 2002-07 pfs batch review (qc) and xml conversion the vniversity of oxfords plea refuted . or , a full answer to a late printed paper , intituled , the priviledges of the vniversity of oxford in point of visitation : together with , the vniversities answer to the summons of the visitors . manifesting the vanity and falsity of this pretended vniversity priviledge and plea to the visitors jurisdiction ; that the right of visiting the vniversity of oxford is onely in the kings majestie , and that it is exempt from all other iurisdiction by its foundation , prescription , and severall grants of exemption . and insufficiency of all the allegations and authorities produced to support it . published for the information of the iudgements , and satisfaction of the consciences of all ingenuous members of that vniversitie , who onely out of ignorance or error , not obstinacy or malignity , have demurred to the iurisdiction of the visitors thereof , though appointed , authorized by ordinance of parliament , and commission under the great seal of england . by william prynne , esq one of the said visitors prov. 19. 20. heare counsell , and receive instruction , that thou maist he wise in in thy latter end . london , printed by t. b. for michael spark , 1647. robert : davies of ilannerch● denbighshire● the vniversity of oxfords plea refuted . the ingenuous answer of some of the doctors , and both the proctors of my mother-university of oxford , to the honourable standing committee of lords and commons for its regulation , on the 16. of this instant november , ( before whom they were then personally convented , for demurring to the jurisdiction of the visitors appointed them by both houses of parliament ) to this effect : that they did in their former papers presented by the proctors , october 8. by way of petition , onely represent their sense of their own priviledges , and their obligations ( as they conceived ) by divers oaths for the maintaining of them , without circumscribing or limiting , much lesse denying or contemning the authority of the lords and commons , but purposely avoyding ( as still they did desire to avoyd ) all questions of so high and transcendent a nature ; it being possible that they might be in an errour , and yet to be obliged in conscience , not to do otherwise then they have done , till they are convinced of that errour . and therefore humbly d●sired convenient time to advise with councell , more fully to inform themselves , in a case so extraordinary , and of so great concernment , not onely to themselves , but to the whole vniversity in present , and in future , &c. enduced me , not onely then to move this honourable committee , that the university and they might be fully heard by their counsel on a convenient day , to alledge whatever they could , both in maintainance of their respective answers delivered in under their hands to some of the visitors , and then by them there acknowledged , which was accordingly ordered in their favour ; but likewise to borrow some time from my other employments , to examine and refute all those pretended university priviledges , and false allegations to support them , in a letter lately printed at oxford ( by the universities approbation , if i am not misinformed ) entituled , the priviledges of the vniversity of oxford in point of visitation , &c. ( which hath seduced many to dispute and disobey the visitors power ; ) wherein the substance of all their objections against the visitors jurisdiction in point of law or conscience , are comprised ; that so i might in a university way , by strength of argument and evidence , not by power and force , inform the misguided judgments , and satisfie the erronious consciences of all such members of this university , liable to our visitation , whose obstinacy or malignity shall not render them altogether incapable of better instruction , and consequently of any hopes of commiseration or pardon for their contumacy . i● is not my design in this summary discourse , to enter into any large debate of the sovereign power of both houses of parliament , whose supream jurisdiction to visit , punish ; reform all abuses and corruptions in the kings own court , in the highest courts of justice , the greatest officers of state , and in all corporations and societies of men whatsoever , within this realm , i have largely vindicated in a other treatises , seeing the university it self , and the parties convented , do willingly wave this dangerous dispute , as fatall and destructive to them , if positively insisted on ; but onely to demonstrate to them the vanity and falsity of this their pretended priviledge they peremptorily assert , and principally rely on , as their lawfull inheritance and birth-right , which they are obliged by oath and duty to maintain . that the right of visiting the vniversity of oxford is onely in the kings majesty , and that it is exempt from all other jurisdiction , both by foundation , prescription , and severall grants of exemption . this their claim and assertion , i shall irrefragably falsifie and refute by histories and records , which cleerly evidence ; first , that the university of oxford was anciently of right for many ages , under the jurisdiction , if not visitation of the bishop of lincoln , as he was their diocesan . secondly , that it was anciently of right , and so continued till this parliament , under the visitation & jurisdiction of the archbishops of canterbury as metropolitanes ( who have frequently visited this university and cambridge too ) as being within their province , and have been acknowledged and adjudged by king richard the second , king henry the fourth , and an whole parliament in his reign , and by king charles himself , upon solemn debate , to be lawfull visitors of it , de jure . and that these three kings , and the parliament of 13. h. 4. have by their charters and votes absolutely disclaimed the king's sole right of visiting the universities , and alwayes resolved the contrary , when the universities for their own ends have set it on foot , and laid claim unto it : no king of england before henry the eight , ever visiting either of the universities , for ought appears by any authentick records . thirdly , that the pope by his legat hath visited both universities , without resistance , or any plea put in to his jurisdiction , no longer since then q. maries reign ; and that the universities are subject to their chancellours jurisdiction and visitation too , by their own conffessions . fourthly , that most particular colledges and hals in both universities , as colledges , hals and members of the university● have their particular visitors appointed by the founders , to whose visitation and jurisdiction they are subject , and not to the king's alone . fiftly , that their pretended grants of exemption were procured onely from popes , not from the kings of england ; that our kings themselves & one parliament , have damned them , as derogatory to the king's prerogative , even in times of popery , and the vniversity it self disclaimed and renounced , them both before the king , and in full convocation , as a grievance , not a priviledge , obtained against their wils , and without their privity , to their prejudice . when i have made good these positions , the whole university and their delegates ( if not stupendiously obstinate ) must necessarily retract this their plea as false and nugatory , and disclaim their imaginary priviledge . for the first of these , it is as cleer as the noon● day sun , that the university of oxford was under the jurisdiction , if not visitation of the bishops of lincoln , as being their diocesans : first , by the very buls of pope a boniface the eight , and b sixtus the fourth , cited in the third page of the priviledges of the vniversity of oxford in poynt of visitation ; in expresse termes exempting the university , ab omni jurisdictione episcopali & a visitatione : which needed no such exemption by two successive popes , from the bishops jurisdiction and visitation , if the university ( founded many hundred yeers before these buls were granted ) had never been subject to , but exempted from it by foundation and prescription too , as is pretended ; it being then a meer superfluity for these popes to grant , or the university to embrace , as a special priviledge and indulged favor . next , by these ensuing cleer historical passages : c matthew paris in anno dom . 1257. pag. 915 , 916. writes thus concerning the bishop of lincolns and university of oxford's contest then happening between them about his jurisdiction and the universities priviledges , which he endeavoured to infringe in the generall , without specifying the particulars , which difference was referred to the parliament then at hand to determine . eodem tempore , videlicet septimo idus martii , venerunt ad sanctum albanum quidam magistri oxoniae , circitèr novem artistle , q●i querula voce coram rege , in capella sancti oswini reposuerunt querimoniam de episcopo lincolniensi , qui contra statuta universitatis antiqua & approbaca , nitebatur libertates scholarium eneruare : & statutus est dies responsionis ad instans magnum parliamentum , ut auditis partium rationibus , pacificarentur , &c. a henry lexinton was then bishop of lincoln . what the parliament ( here made the proper judge of the universities priviledges by the kings own referēce ) determined in this cōtroversie , or what the priviledges cōtroverted were , i find not in any historian or record : but certain it is , they determined nought against the bishops jurisdiction over the university of oxford , who had the better cause and right ; as appears by this passage of matthew parker , in his b antiqu. ecclesiae brit. p. 204. in the life of iohn peckam , anno 1287. hoc etiam tempore lis quaedam inter . lincolniensem episcopum & universitat●m oxon , aliquot innis de jurisdictione episcopi in scholares universitatis agitata est . in qua joannis cantuariensis , cum scholarivm cavsam vacillare , nec ivra stare posse intellexerat , scholaribus rescripsit ; si in jure contenderent , vinci eos et svperari necesse esse ; praesertim cùm his quibus uterentur privilegiis a iurisdictione episcopali ivre commvni stabilita , eximi neqvaqvam potvissent : c oliver sutton was then bishop of lincoln . upon this advice , it seems the university submitted to the bishop of lincoln's jurisdiction , as their diocesan , so far as to present their chancellour to him for his approbation and confirmation ; as is evident by this history , recorded in antiq. eccles. brit. p. 268. anno 1350. oxoniensis universitatis scholares cancellarium suum , quendam willihelmum de palmorna elegerunt : qui cùm ad lincolniensem episcopum , in cujus diocaesi tunc ste●i● oxonium confirmandus venisset , crebris procrastinationibus in aliud temporis ab episcopo rejectus est : id tàm universitas oxonien●is quàm ipse cancella●ius electus indignè tulit . qui facti querela coram a●●chiepiscopo ( simone islippe ) declarata , ab eo opem & remedium ad tam diutinam & voluntariam sine causa tollendam moram , petierunt . archiepiscopus edicto lincolniensi praecepit , ut cancellarium electum die quodam statuto confirmaret , aut coràm se compareret , dicturus causam , cur admitti & confirmari non debeat . interea archiepiscopus causam johanni coulton cancellario suo , & ecclesiae cathedralis wellensis decano commisit . die statuto aderant cancellarius electus , & oxoniensis universitatis procuratores , qui confirmationem & consecrationem instanter petierunt ; lincolniensis autem episcopus non comparuit : in cujus absentis contumaciam cantuariensis cancellarius in negotio electionis legitimè procedens , eam legitimè ritèque celebratam , ac canonicam esse pronunciavit . quo facto archiepiscopus cancellarium confirmavit , & eundem ad universitatem oxoniensem regendam admisit ; gregique scholarium scripsit , ut ei jam admisso juxta universitatis jura ac statuta obtemperent atque pareant . ab hac admissione lincolniensis episcopus privilegie suo antedictó ( ut se suosque papali privilegio , quod avinione à papa clemente magnis muneribus impetravit , ab hujus archiepiscopi jurisdictione defenderet ) fretus , ad papam appellavit . archiepiscopus antem rejecta appellatione , eum ut suae jurisdictionis & archiepiscopalis authoritatis contemptorem , ad sui tribunal vocavit , & non accedentis proterviam interdictis ecclesiasticis in ejus terras praediaque latis mulc●avit : multa deinceps in hac lite coram papa agitanda controversa sunt , in quibus lincolniensis revocato suo privilegio a cantuariensi victus succubuit . this great contest happened in the time of iohn synwell bishop of lincoln , as d godwin ( who relates it too ) informs us ; adding , that the pope also granted at the same time unto the university , that the chancellour should be onely elected by the schollers themselves , and so presently authorized to govern them , without the admission of any other . but this i conceive is a cleer mistake ; for matthew parker ( out of whom he relates it ) records , that this exemption of the university of oxford from the bishop of lincoln's jurisdiction , was procured by the intercession of william wittlesey archbishop of canterbury , about the yeer 1375. ( and that from another pope , not clement but vrban , some 25. yeers after this contestation ) which he thus expresseth , antiqu. eccles. brit. p. 283. hujus archiepiscopi intercessione atque gratia oxoniensis academia à jurisdictione lincolniensis episcopi , per urbanum papam quintum exemptaest : & tàm libera potestas cancellarium suum eligendi ●acta scholaribus ut cancellarius sine admissione quacunque simulatque electus sit magistratum inire atque gerere possit . an undeniable evidence , that till this papall exemption procured , the university and chancellour of oxford were under the bishops of lincol●ns jurisdiction , as their diocesans . after this , thomas hyndeman chancellour of the university of oxford , and nicholas faux his commissary , procuring another exemption from the pope [ boniface the eighth , as some affirm ] of this university and the schollers in it , both from archiepiscopal and episcopal jurisdiction ; the schollers , and doctors of oxford complained of it to archbishop arundel , and the whole convocation at london in the yeer 1396. and there openly renounced it , as non mod● in metropolitani & ordinarii , sed & ipsius vniversitatis praejudicium atque gravamen : whereupon it was damned by the whole convocation ( as you may read at large in antiqu. eccles. brit. p. 304 ) and likewise by king richard the second , in the twentieth , and by henry the fourth , and the lords and commons in parliament in the 13th yeer of his reign : ( of which more anon : ) whereby the bishop of lincoln's jurisdiction over the university of oxford was not onely acknowledged and revived , but likewise submitted to by the whole university of oxford ; and this exemption from it by popes buls onely , declared to be a prejudice and grievance to the university it self , and the bishop too : whose jurisdiction thus revived , was never afterwards impeached or abrogated by any subsequent buls or patents i can meet with , but continued its vigor till the erection of the bishoprick of oxford out of lincoln by act of parliament , and letters patents of king henry the eighth , in the yeer 1541. which abolished the bishop of lincoln's power , and translated this part of his diocesse to the bishop of oxford , as the patents of 33. & 37. h. 8 to the bishop of oxford demonstrate . in fine , richard flemming bishop of lincoln , in the yeer 1430 founded lincoln colledge in oxford , and william smith bishop of lincoln , anno 1513. founded brasenose colledge in oxford ; of both which colledges ( though members of the university ) and of some others , he and his successors continued visitors till this present parliament . by all these evidences , i humbly conceive i have sufficiently fortified my first position , that the university of oxford was subject to the jurisdiction , if not visitation of the bishops of lincoln ( as the university of cambridge was to the bishops of ely , which i can fully evidence , were it pertinent ) and refuted the universities and their delegates false plea , that the right of visiting the vniversity of oxford is onely in the king's majesty , and that it is exempt from all other jurisdiction , by its foundation , prescription , and severall grants of exemption . i shall now proceed to the proof of my second position , touching the archbishops of canterburies right & jurisdiction to visit the university of oxford ( and cambridge too ) as metropolitans , being scituated within their province , by history , records , and our kings avowing of this their right , and disclaiming their own onely or sole right to visit the universities ; wherein i shall make use of non● bu● punctuall authorities . godwin in his catalogue of english bishops p. 74. writes thus of robert kilwardly archbishop of canterbury ; that ( in the yeer 1278. ) he visited all his province , and both the vniversities ; in which he disputed excellently , and shewed himself in divers kinds of exercise . and matthew parker in his ant. eccles. brit. p. 198. records of him , totam cantuar. provinciam visitationis jure peragravit ; in hac visitatione academias ipsas metropolitica avthoritate ingressvs est ; ( and that without any opposition or demurrer to his jurisdiction , for ought appeareth : ) & oxonii in scholis , non modò de theologia , sed de philosophia atque logica argutè disp●tavit . in quibus artibus multas oxoniensium opiniones & sententias tanquam minus probabiles reprehendit atque refellit . his next successor iohn peckam , anno 1288. visited the university of oxford by his metropolitical right , without any resistance or dispute , antiqu. ecclef . brit. p. 204. ipseque perlustrata reliqua provincia oxoniensem academiam iure metropolitico visit atvrvs adlit : in qua visitatione , quasdam philosophicas opiniones , quos errores , & a roberto kylwarby ante reprehens●s docuit , tanquam haereses & à fide christianâ abhorrentes è suggestu latinè refellit . simon islippe archbishop of canterbury anno 1350. received an appeal from the chancellour-elect and proctors of oxford against the bishop of lincoln , who refused to admit and conform william palmorin , whom they had elected and presented to him for their chancellour ; upon whose default , he admitted and approved of his election , confirmed him in his office , and wrote to the schollers of the vniversity to submit unto and obey him , according to the lawes and statutes of the vniversity , as antiq. eccles. brit. p. 258. and godwin in his catalogue of bishops , p. 95. affirm , and * i have formerly manifested more at large : a pregnant evidence of his metropolitical jurisdiction both over the chancellour and university . anno 1390. william courtney archbishop of canterbury ( as antiqu. eccles. brit. p. 302. informe us ) visitationem totius provinciae suscepit : and being strongly opposed by the bishops of exeter and sarisbury , whom he enforced to cry peccavi , and to submit to his visitation at last ; reliquas tunc diocaeses sine molestia visitavit : in lincolniensi solummodo a visitatione quorundam monachorum , gratia & intercessione abbatis albanensis , oxonii cessavit : ( visiting all the rest of the university . ) ita visitatione peracta aliquantulum cessavit . and in the register of archbishop arundel , fol. 46. the doctors , batchelours and schollers of the university of oxford , in their articles exhibited against their chancellour and vice-chancellour , to archbishop arundel and the convocation of the clergy , recite and make this honourable mention of this archbishop courtney's visitation of the university ( where he was joyfully received without the least oppositiō , though forcibly resisted in other places ) quod dictus archiepiscopus ipsam vniversitatem tam in capite qvam in membris , plura gravamina revocando , crimina corrigendo , excessus reformando , diversas personas ab act : scholasticis suspendendo , avthoritate sva metropolitica visitavit . these three archbishops having visited the university of oxford ( and cambridge too ) in their metropolitical visitations without the least contest or opposition ; thomas hyndeman their chancellour , and nicholas faux his commissary , without the universities and schollers consents , procured a bull from the pope , to exempt themselves , together with the university , colledges and schollers in it , from all archiepiscopal and episcopal jurisdiction and visitation : whereupon thomas arundel archbishop of canterbury , intending to visit the university ( as his predecessors had done ) in the yeer of our lord 1396. was opposed by the chancellour and vice-chancellour , who pleaded the self same plea against this archbishops visitation , as the universities delegates and doctors do now against the visitors appointed by ordinance of parliament , and commission under the great seal ; namely , that the visitation of the vniversity of oxford , as a vniversity , belonged onely and solely to the king , and not to the archbishop , or any other : and that the vniversity and schollers in it , were by the popes own bull exempted from the archbishops and bishops jurisdiction and visitation . whereupon the doctors , proctors and schollers of the university complained to archbishop arundel and the convocation against the chancellour and vice-chancellour for procuring this bull , which they renounced , and the convocation then damned ; and the whole matter comming afterwards before king richard the second , he disclaimed any such priviledge and prerogative of sole visiting the university , as they would fasten on him , acknowledged and ratified the archbishops and ordinaries jurisdiction over them , and nulled the popes bull of exemption . this is apparent by archbishop arundels register , fol. 46 , 91 , 92. by archbishop parkers register fol. 269. and these ensuing passages in antiq. eccles. brit. transcribed out of it , pag. 304. anno 1397. januarii 19. cleri synodus londini convenit . in hac synodo scholares oxonienses quaerelam contra thomam hyndeman universitatis cancellarium , & nicholaum faux ejus commissarium proposuerunt ; quod exemptionis jura , quibus ab archiepiscopali & episcopali jurisdictione universitas fiat immunis a papa impetrassent , non modo in metropolitani & ordinarii , sed in ipsivs vniversitatis praeivdicivm atqve gravamen : quod privilegium servitvtis potivs qvam libertatis instar esse docebant . cùm enim anteà si iniquis cancellarii aut procancellarii imperiis opprimerentur , aut injuriis afficerentur , appellationibus & archiepiscopali aequitate subventum eis suit , nunc in unius potestatem redacti , a quo nec permissa esset provocatio , nec superioris jurisdictione possit coerceri , quasi perpetuae servituti subjacerent . itaque ab archiepiscopo petierunt , ut qvoniam svam in eos iurisdictionem agnoscerent , & antecessoris sui willielmi courtney moderationem atque prudentiam cvm academiam oxoniensem tam in capite qvam in membris visit aret , experti essent , vt ea a cancellario ejusque commissario procurata privilegia rescindret ; qvibvs ipsi , interposito ad id michaele sergeaux juris utriusque doctore legitimo procuratore , expresse atqve publice in synodo renvnciarvnt . eam renvnciationem archiepiscopus ratam habvit , et exemptionis oxoniensis privilegia irritaet in ania ivdicavit . tum cancellarius quasi furore actus petulanter ac immodestè se abdicavit magistratu , synodoque sine venia discessit ; sed archiepiscopus eum edicto revocavir , ejusque proterviam atque audaciam repressit . in eadem synodo doctores oxonienses quosdam joannis wicly●●i opiniones exposuerunt , quas synodus condemnavit . and pag. 309. anno 1413. legatis autem ad concilium generale pisis emissis , archepiscopvs in ea synodo jura quaedam quibvs tam cantabrigiensis qvam oxoniensis academiae tenerentvr , condidit ; quoe in publicis constitutionibus continentur ; nam & richardus rex , thomae arundel cantuariensi archiepiscopo , antequàm in exilium iret vtrasqve academias , etsi exemptionem clam a papa obtinvissent , svbiecit , et obtenta privilegia non minus archiepiscopali qvam regiae avthoritati praeivdicialia , ideoqve rescindenda , decrevit . this will yet more evidently and undeniably appear by the patent of king richard the second himself , recorded in the patent-rols , de anno vicessimo richardi secundi , parte 3. memb. 9. and entred in the registers of archbishop warham , fol. 111. and archbishop parker , fol. 269 , which for fuller satisfaction , i shall at large transcribe . rex omnibus ad quos , &c. falutem . sciatis quod cum quaedam dissentiones , lites & debatae nuper motae fuerunt & subortae inter venerabilem patrem thomam archiepiscopum cantuariensem ex parte una , & cancellarium universitatis oxoniensis , & quosdam alios ( not the whole body or major part ) ejusdem universitatis ex altera , super ●su & exercitio jurisdictionis & visitationis dictae universitatis , clamante videlicet prae●ato archiepiscopo & vendicante jurisdictionem et visitationem hujusmodi ad ipsum et successores suos , ac ecclesiam suam pertinere , ac pertinere debere , praedecessoresque suos hujusmodi jurisdictionem et visitationem in universitate praedicta habuisse et exercuisse . allegantibusque praefato cancellario & aliis praedictis ( the very plea in terminis alledged by the vniversity and their delegates now ) visitationem dictae universitatis ut universitatis , ad nos solum et in solidum pertinere , et pertinere debere ( the very first time that any such pretence or priviledge was insisted on without any authority or presidēt to back it ; ) nos volentes hujusmodi dissentiones , lites & debatas , prout regiae convenit majestati ( attentis damnis & periculis quae inde verosimiliter evenire possint ) sedare & pacificare , ac pacem , quietem & tranquilitatem inter partes praedictas pro viribus con●overe ; ac considerantes , quod visitatio hujusmodi ad praefatum archiepiscopum et successores suos , ac ecclesiam suam praedictam de jure communi pertinet , ac pertinere debet ; quodque nos aut progenitores nostri cancellarium ac universitatem praedictam retroactis temporibus minime visitare consuevimus , ( a cleer evidence and fatall judgment against this pretended priviledge and feigned plea , which this king himself in terminis disclaimed , when first invented and alledged : ) volumus & ex certa scientia declaramus , quod visitatio cancellarii & procuratorum dictae universitatis qui pro tempore fuerint , necnon omnium doctorum , magistrorum regentium et non regentium , ac scolarium ejvsdem vniversitatis , qvorvmcvnqve eorum servientium , aliarum personarum qvarvmcvnqve cujuscunque status vel conditionis extiterint , libertatibus ant privilegiis dictae universitatis utentium● se● illis gaudere volentium ; necnon vniversitatis praedictae etiam ut vniversitatis , ad praefatvm archiepiscopvm , svccessores svos , ac ecclesiam svam pertinet , et pertinere debet , ac perpetvis fvtvris temporibvs pertinebit . salvis nobis & haeredibus nostris omnibus aliis quibus in vniversitate praedicta nos & progenitores nostri uti consuevimus temporibus retroactis . in cujus , &c. teste rege apud westm. primo die iunii : per ipsum regem . an ancient royal declaration and judgment in the present controversie , so full and diametrally opposite against the vniversities and delegates present plea and pretences , that nothing can be replyed thereunto . this declaration and resolution of king richard the 2d , was afterward more fully recited , approved and ratified by king henry the fourth , and the lords and commons in parliament , as i shall presently manifest in its proper place . not long after this declaration and patent , this archbishop thomas arundel , in the yeer of our lord 1407. visited the vniversity of cambridge , and the colledges therein , thus summarily expressed by matthew parker in his antiq. eccles. brit. p. 308 , 309. post haec archiepiscopus cantabrigiensem academiam jvre metropolitico visitavit , multaque collegiorum statuta ordinavit , pravas consuetudines delevit , facinora scholarium castigavit , & cum visitationem remisit , omnia quae sibi in visitatione detecta fuerunt , causasque de quibus cognoscere ac inquirere caepit , suae jurisdictioni reservavit . the relaxation of this metropolitical visitation was not till octob. 15. 1404. so as it depended three whole yeers or more , as is apparent by the register of arundel , 1. pars , f. 388 wherein the whole forme of his visitation of cambridge vniversity and colledges , being at large recorded , fol. 491 , 492 , 493. it will neither be impertinent nor unprofitable to give you this account thereof , in the words of the register , fol. 492 , &c. which may serve for a pattern of direction now . item decimo septimo die mensis septembris anno domini 1401. idem reverendissimus pater archiepiscopus supradictus , visitavit cancellarium & vniversitatem cantabrigiae in domo congregationis ejusdem vniversitatis , comparentibus tunc ibidem coram eo cancellario , a● omnibus & singulis doctoribus & magistris regentibus & aliis personis quibuscunque dictae vniversitatis qui hujusmodi visitationi interesse tenebantur , & deberent de consuetudine vel de jure : & facta deinde collatione , ac proposito verbo dei , & causis suae visitationis hujusmodi seriosè expositis ; cancellarius vniversitatis praedictae certificatorium de & super executione mandati . sibi pro ipsa visitatione alias directi , coram eodem reverendissimo patre tunc ibidem exhibuit , sub eo qui sequitur verborum tenore . reverendissimo in christo patri ac domino , domino thomae dei gratia cantuariensis archiepiscopo , totius angliae primati & apostolici sedis legato , ejusve commissariis quibuscunque , suus humilis & devotus filius cancellarius vniversitatis cantabrigiae , eliensis diocaesis , tàm debitam quàm devotam , obedientiam cum omni reverentia & honore debitis tanto patri mandatum vestrum reverendum nuper recepi , tenorem continens subsequentem . thomas permissione , &c. dilecto filio cancellario vniversitatis cantabrigiae , eliensis diocaesis , nostrae provinciae cantuariensis , salutem , &c. quia nos in progressu visitationis nostrae metropoliticae in dicta diocaesi exercenda , vos & dictam vniversitatem adjuvante domino proponimus visitare ; vos tenore praesentium peremptorie citamus & per vos omnes & singulos doctores & magistros regentes , & alias personas quascunque praedictae vniversitatis qui nostri visitationi hujusmodi interesse tenentur de consuetudine vel de jure , citari volumus & mandamus , quod compareatis & compareant coram nobis in domo congregationis vniversitatis praedictae decimoseptimo die mensis septembris proxime futuri , cum continuatione & prorogatione dierum tunc sequentium , visitationem nostram hujusmodi juxta juris exigentiam subituri , facturique ulterius & recepturi quod canonicis conveni● institutis : & quid f●ceritis in praemissis nobis dictis die & loco debitè certificetis per literas vestras patentes , hunc tenorem , una cum nominibus & cognominibus omnium & singulorum per vos in hac parte citatorum in schedula eisdem literis vest is annectenda descriptis habent●s , sigillo vestro consignata : datum in manerio nostro de lambeth 18. die mensis augusti , anno domini millesimo quadringentesimo primo , & nostrae translationis anno quinto . cujus auctoritate mandati omnes & singulos doctores & magistros regentes & alias personas quascunque praedictae vniversitatis tempore receptionis dicti mandati vestri , & nunc in dicta vniversitate existentes , qui dictae visitationi vestrae hujusmodi interesse tenentur de consuetudine vel de jure personaliter inventos , peremptoriè citavi , quod compareant coram vobis aut vesti is commissariis dictis die & loco cum continuatione & prorogatione praedictis visitationem vestram hujusmodi juxta juris exigentiam subituri , facturique ulterius & recepturi quod in ea parte canonicis convenit institutis . quantum verò ad personam meam , dictis die & loco cum continuatione & prorogatione consimili coram vobis seu vestris commissariis annuente domino personaliter comparebo facturus humiliter & recepturus quod dictum mandatum vestrum exigit & requirit . nomina vero & cognomina omnium & singulorum doctorum & magistrorum regentium , & aliarum personarum dictae vniversitatis quarumcunque per me citatorum in schedula praesentibus annexa continentur : in cujus reitestimonium sigillum officii mei praesentibus apposui ; dat. cantebrigiae quoad sigillationem praesentium . idib . septembris anno domini supradicto . quo certificatorio tunc ibidem incontinenti perlecto , idem reverendissimus pater archiepiscopus supradictus ab eisdem cancellario , ac doctoribus , magistris regentibus & personis aliis supradictis , & a singularibus personis eorundem obedientiam recepit canonicam . et deinde examinavit dictum cancellarium singulariter ac secret● & sub silentio dictis doctoribus & magistris regentibus & aliis personis supradictis seorsim separatis , super i●●is particulis , videlicet . an statuta & laudabiles consuetu●lines vniversitatis abamnibus observentur ? item , an sint aliqui scholares in dicta vniversitate mandatis & monitionibus dicti cancellarii obtemperare nolentes ? item , an sint aliqui pacem & vnitatem in dicta vniversitate perturbantes ? item , an communes cistae & pecuniae ac claves earundem fideliter conserventur ? item , an magistri , doctores bacchalaurei & scholares debi●è & fideliter perficiant formas suas , & meritis & scientia exigentibus ascendant gradus suos ? item , an sint aliquae personae & suspectae de lollardia vel de haeretica pravitate ? item , si doctores reputant & disputent publicè in scholis , & quotiens & quando ? item , si sit numerus sociorum completus in aulis sive collegiis dictae vniversitatis juxta ordinationem & voluntatem fundatorum ? item , an sint aliqui scholares aliquo notorio crimine irretiti seu infamati , vel non proficientes in studio , aut impedientes alios quo minus proficiant ? item , qualiter regitur eadem● vniversitas , videlicet in victualibus & aliis necessariis ? &c. et examinatus ●uit idem cancellarius super aliis articulis etiam in hujusmodi visitatione de jure requisitis . aliis insuper doctoribus , magistris & personis aliis supradictis secundum quod de jure debuerunt secretè , & singulariter examinatis , & eorum dictis & depositis conscriptis in registro , idem reverendissimus pater singula tunc ibidem successivè exercuit quae in hujusmodi visitatione de jure quomodolibet fuerunt requisita . item , eodem die reverendissimus pater per certos commissarios suos visitavit collegium sanctae trinitatis cantebrigiae , in capella ejusdem collegii , comparentibus coram eisdem commissariis gardiano sive custode , unà cum singulis suis consociis & scholaribus ejusdem collegii ; quibus singulariter & secretè examinatis super statu & regimine ipsius collegii , & aliis articulis in hujusmodi visitatione de jure requisitis , & eorum dictis & depositis conscriptis in registro , ab eisdem & eorum singulis , vice & auctoritate dicti reverendissimi patris , obedientiam receperunt canonicam , & singula exercuerunt ibidem quae de consuetudine vel de jure ulterius quomodolibet fuerint requisita ; & exhibitum suit certificatorum pro visitatione hujusmodi per gardianum sive custodem supradictum continens hunc tenorem . reverendissimo in christo patri ac domino suo domino thomae , &c. ejusve commissariis quibuscunque suus humilis & devotus ●ilius gardianus sive custos collegii sanctae trinit●●is cantebrigiae , eliensis diocaesis , tam debitam quam devotam obedientiam , cum omni roverentia & honore debito tanto patri , mandatum vestrum reverendissimum nuper recepi , tenorem continens subsequentem . thomas &c. dilecto in christo filio gardiano sive custodi collegii sanctae trinitatis cantebrigiae , eliensis diocaesis , nostraeque cantuariensis provinciae salutem , &c. quia nos in progressu visitationis nostrae metropoliticae praedictae diocaesis vos & collegium vestrum in personis & rebus annuente domino , visitare intendimus , tenore praesentium peremptoriè vos citamus , & per vos omnes & singulos consocios & scholares praedicti collegii citare volumus & mandamus , quod compareatis & compareant coram nobis & commissariis nostris in capella sive domo capitulari praedicti collegii decimo septimo die mensis septembris proxime futuri , cum continuatione & prorogatione dierum tunc sequentium , visitationem hujusmodi juxta juris exigentiam subituri , ulteriusque facturi & recepturi quod canonicis convenit institutis , & quid feceritis in praemissis nos aut commissarios hujusmodi dictis die & loco debitè certificetis per literas vestras patentes , hunc tenorem , una cum nominibus & cognominibus omnium & singulorum sociorum & scholarium per vos in hac parte citatorum in schedula eisdem literis annectenda descriptis habentes . dat. in manerio nostro de lambeth 18. die mensis augusti anno domini millesimo quadringentesimo primo , & nostrae translationis anno quinto . cujus auctoritate mandati omnes & singulos consocios & scholares praedicti collegii in eodem collegio tunc praesentes personaliter invētos , peremptoriè citavi , aliis vero tunc absentibus , infra tamen provinciam vestram existentibus , dictum mandatum vestrum & visitationem hujusmodi intimari et notificari , eosque praemuniri feci , quod dictis die et loco cum continuatione et prorogatione praedictis coram vobis seu vestris commissariis compareant , visitationem vestram hujusmodi juxta juris exigentiam recepturi , facturique ulterius & recepturi quicquid dictum mandatum vestrum exigit & requirit ; caeteros autem consocios et scholares dicti collegii ab eodem collegio tunc et nunc absentes , & in diversis remotis partibus etiam extra dictam provinciam agentes , non citavi nec praemunivi prout nec pot●i quovismodo : quantum ad personam meam , praedictis die & loco cum continuatione & prorogatione praedictis , coram vobis s●u commissariis vestris , dante domino , personaliter comparebo , fecturasque humiliter & recepturus quod dictum , &c. in cujus rei testimonium sigill●m commone dicti collegii duxi praesentibus apponendum . datum cantebrigiae in dicto collegio quoad consignationem praesentium 2● id. septembris , anno domini supradicto . visitatio collegii de clara , collegii beatae mariae , procratus alborum canonicorum item , eodem die eisdem modo & forma idem reverendissimus pater visitavit per commissarios suos collegium de clare hall cantebrigiae in capella ejusdem collegii : et collegium annunciacionis beatae mariae cantebrigiae in capella ejusdem collegii ; ac prioratum alborum canonicorum cantebrigiae in ecclesia ejusdem prioratus , recepta obedientia canonica , & singulis aliis exercitis in et circa loca praemissa quae in visitationibus hujusmodi de jure fuerint quomodolibet requisita . item decimo nono die dicti mensis septembris idem reverendissimus pater archiepiscopus supradictus per certos commissarios , quos ad hoc sufficienter deputavit , visitavit domum sive prioratum monialium sanctae radegundis cantebrigiae , priorissam , ac singulas consorores et commoniales suas in dicta domo capitulari ejusdem prioratus , recepta ab eisdem et earum singulis obedientia canonica , et ipsis secretè et singulariter examinatis , earumque dictis et depositis conscriptis in registro ; similiterque aliis exercitis quae in hac parte de jure fuerint requisita , ac sub modo & forma in aliis locis hujusmodi superius observatis seu r●citatis . item , eodem die modo et forma in aliis collegiis superius observ●tis , dominus visitavit per commissarios suos collegium sancti michaelis cantebrigiae in capella ejusdem collegii ; et eodem die per commissarios hujusmodi visitatum suit hospitale sive domus sancti iohannis cantebrigioe in ecclesia ejusdem hospitalis ; & collegium sancti petri in capella ejusdem collegii ; ac collegium de pembroke hall cantebrigioe in capella ejusdem collegii : et eodem die idem reverendissimus pater iter ar●ip●it versus ecclesiam cathedralem eliensem , pro sua visitatione hujusmodi inibi exercenda ; ubi eodem die a venerabili patre domino iohanne , dei gratia eliensi episcopo , ad suum palatium eliense cum se et suis honorificè fuit receptus . this archbishop having thus peaceably without any resistance , visited the university , colledges and schollers of cambridge by his meer metropoliticall right , as being within the diocesse of ely , and part of his province ( though in regard of their foundation and buls of exemption from several popes , they might have pleaded as ful an exemption from archiepiscopal and episcopal jurisdiction and visitation as the university of oxford , which i could demonstrate , if material ) after this , in the yeer of our lord 1411. he determined to visit the university of oxford in the twelft yeer of king henry the fourth his reign ; but comming thither to visit , was repulsed by the chancellour richard courtney , benedic●● brent and iohn b●rch proctors , and some schollers of their faction , which thomas walsingham in his historia angliae , and ●podigma neust●iae too ( anno dom. 1411. thus relates : dominus cantuariensis dum ni●itur visitare vniversitatem oxoniarum , repulsam passus est . whereupon the archbishop complaining to the king of that affront , both parties referred themselves to his royall determination of this controversie ; who after a full h●a●ing of both parties , the seventeenth day of december , in the twel●t yeer of his reign , by deliberate advice of his councel , confirmed the order ●ormerly made by king richard the second , over-ruled the chancellours and proctors pretences , ( now revived and insisted on ) that the vniversity was exempt from all archiepiscopall and epi●copall visitation by the bull of pope boniface the eight ( which he d●clared null & prejudiciall to his crown , and they then renounced the second time ) and that the king was the onely and sole visitor of the vniversity as a vniversity : which he then likewise disclaimed , and adjudged , that the archbishops of canterbury should and ought for ever after to visit the vniversity , chancellour , proctors , and all doctors , schollers and members of the vniversity whatsoever ; and that if the archbishops were hereafter disturbed in their visitations of the vniversity , all its franchises , liberties and priviledges should be seised into the king's hands till their submission thereunto ; and they should likewise pay a thousand pound fine to the king for such their disturbance . which resolution and proceedings before the king in this cause being drawn up in writing and presented to the king , lords and commons in the parliament of 13. henry 4. and there read before them , were they all ratified and confirmed by them , and enacted to be of as great vigor and effect , as if they had been done and made in parliament ; which is evident by the parliament roll it self , an. 13. h. 4. num . 15. and by archbishop parkers register , fol. 269. a true transcript whereof ( for the full conviction and satisfaction of all our present opposers ) i shall here insert memorandum , quod venerabilis in christo pater thomas archiepiscopus cantuariensis in praesenti parliamento nostro exhibuit quandam petitionem , una cum quadam schedula eidem annexa in haec verba . a tressovereigne sr. nostre sr. le roy supplie humblement vostre humble chapellein thomas archevesque de canterbiis , que pleise a vous tressovereign sr. par assent de signeurs esperit aelx & temporells , & les comes in cest present parlement , de graunteir approver , ratifier & confirmer tout cest quest compris en un cedul● , a cest bille annexe , & que meisme ceste cedule puisse se e●tre enrollee & enacte in cest presente parlement selo●e la fourme & effecte de mesme le cedule , & que mesme la cedule & tout ceo quest compris e● icelle soient de taunt de force effecte & authorite , & mesme les force effecte & auctoritee eient & teignent , come ils ussent estre faict●● en ceste parlement & per auctoritee de mesme le parlement . memorandum , quod cum richardus secundus , nuper rex angliae , propter diversas dissentiones , lites et discordias quondam habitas in vniversitate oxoniensi super jure & titulo visitationis dictae vniversitatis , ac de quadam bulla exemptionis praetensa ad excludendum archiepiscopum cantuariensem tunc existentem & successores ●uos , ac quoscunque ali●s ordinarios infra vniversitatem praedictam , ac quoscunque fundatores dictae vniversitatis ac collegiorum ejusdem vniversitatis a visitatione dictae vniversitatis , & ab omni jurisdictione ordinaria , per eosdem archiepiscopum ordinarium & fundator●s & suos successores ac commissarios suos in eadem vniversitate fa●iond . & ex●rcend . per breve su●m venire fecerit in cancellaria sua apud westmonasterium bullam praedictam ; & cancellarius et procuratores dictae universitatis tunc existentes sufficiens warrentum sigillo commune universitatis praedictae ●igil . latum pro se et universitate praedicta habentes , et secum in cancellaria praedicta deferentes , ad exhibendum , publicandum ostendendum et praesentandum coram dicto nuper rege in cancellaria praedicta bullam praedictam ; necnon ad respondendum ibidem , et ulterius faciendum et recipiendum quod per eundem nuper regem & consilium suum ord●natum fuisset & definitum , prout de recordo in eadem cancellaria plenius liquet : ac postmodum iidem cancellarii , et procuratores pro se & to●a vniversitate praedicta submiserunt se de materiis praedictis ordinationi et di●finitioni dicti nuper regis : q●i quidem nuper rex , habita inde matura & pleniori deliberatione cum consilio suo , ac clarè considerans , eullam praedictam fore impetratam in praejudicium ●o●onae suae , ac legum & con●uetudinum regni sui enervationem , & in haereticorum & lollardorum , ac homicidiarum & aliorum male factorum favorem , & audaciam , dictaeque vniversitatis verisimil●m destructionem ; ordinavit , & per breve suum praecepit & inhibuit dicto cancellario , magistris , doctoribus et scholaribus universitatis praedictae , in fide , legeancia & dilectione quibus sibi tenebantur , ac sub poena amissionis privilegiorum vniversitatis praedictae , & sub forisfactura omnium aliorum que sibi forisfacere poterant , ne dictam bullam in aliqua sui part● exiqui , seu exercere , sue beneficium aliquod exemp●ionis per bullam illam aliqualiter repor●are seu reciper● praesume●ent , sed omnibus exemptionibus & privilegiis in ea parte contentis , coram tune dil●cto clerico suo notorio richardo renhalle , quem ad eos ex causa praedicta destinavit , palam & publicè , pro imperpotuò renunciarent , ac super renunciationem hujusmodi quandam certificationem sibi sub sigillo dictae universitatis , ac publica instrumenta fieri , er sibi per eundem clericum suum transmitti facerent , sub poenis supradictis . postmodum allegantur praefato cancellario et aliis sibi adhaerentibus nomine universitatis praedictae visitationen prae●dictam ad dictum richardum nuper regem solum et insolidum pertinere ; consideransque , quod visitatio vniversitatis praedictae ad praefatum archiepiscopum & successores suos , ● ac ad eccles●am su●m cantuarien●em pertinuit et pertinere debuit ; quod que ipse aut progenitores sui cancellarium ac universitatem praedictam retroactis temporibus minime visitare consueverunt . voluit & ex certa scientia sua declaravit , quod visitatio cancellarii ac procuratorum dictae vniversitatis qui pro tempore fuerint , necnon omnium doctorum , magistrorum regentium & non regentium , ac schola●ium ejusdem vniversitatis quorumcunque , eorumque servientum , aliarumque personarum cujuscunque status vel conditionis exstiteriat libertatibus aut privilegiis dictae vniversitatis utentium seu illis gaudere valentium , necnon universitatis praedictae etiam ut universitatis , ad praefa●um archiepiscopum & successores suos , ac ecclesiam suam praedictam pertinuit et pertinere debuit , ac futuris temporibus pertineret . postmodumque praedictus ●uper rex per diversa brevia sua cancellario , procuratoribus , cunctis doctoribus & scholaribus vniversitatis praedictae praeceperat , quod ipsi archiepiscopo praedicto & successoribus suis in visitatione sua praedicta in eadem universitate facienda in omnibus sub poenis praedictis parerent et obedirent ; postmodumque sicut datum fuit intelligi domino nostro regi henrico quarto post conquestuw quod visitante thoma archiepiscopo cantuari●nsi jure suo metropolitico diocaesi lincoln . anno regni dicti henrici regis duodecimo , venit ad praedictam vniversitatem oxonii ad exequendam in forma juris ecclesiastici ibidem visitationem suam , richardus courtnay ad ●unc cancellarius universitatis praedictae , ac benedictus brent & johannes birch ad tunc procuratores dictae vniversitatis , ac quamplures alii eis adherentes , in eadem vniversitate dictum archiepiscopum de visitatione sua praedicta & jurisdictione ejusdem archiepiscopi manuforti injuste impedierunt , et ei absque causa rationabili resistebant : super quo diversae lites dissentiones & discordiae inter ●r fatum thomam archiepiscopum & eosdem cancellarium & procuratores ac alios scholares universitatis praedictae eorumque fautores , de & super jure & impedimento visitationis , & jurisdictionis praedictarum , mot●● fuerint & exortae in vniversitate praedictae , & super hoc praesente thoma comite arundel , & aliis personis honorabilibus secum existentibus in vniversitate praedicta , tam praefatus archiepiscopus pro se & ecclesia sua praedicta quam praefatus richardus courtnay cancellarius vniversitatis praedictae & benedictus brent & johannes birch procuratores ejusdem vniversitatis , pro se et eorum adhaerentibus in m●teriis praedictis ac pro vniversitate praedicta per assensum eorundem adhaerentium se submisserunt & concesserunt stare arbitrio judicio & ordinatione ac decreto illustrissimi principis & domini dicti domini nostri regis henrici de & super jure & impedimento visitationis & jurisdictionis praedictarum per dictos magistrum richardum cancellarium & sibi adhaerentes praestito● ac dissentionibus , litibus & discordiis praedictis , & earum dependentiis , & super hoc dictus dominus noster rex henric●s dictum magistrum richardum courtney cancellarium ac dictos benedictum brent & iohannem birch venire fecit coram eo in propria persona apud lambeth in crastino nativitatis beatae mariae dicto anno regni sui duodecimo , ad faciendum & recipiendum quod per cundem dictum regem de advisamento consilii sui foret consideratum in materiis praedictis ; & praedictus archiepiscopus ibidem coram praefato domino rege comparuit , & tàm praefatus archiepiscopus quam iidem cancellarius & procuratores ad tunc & ibidem coram dicto domino rege submissionem praedictam in omnibus ( ut praedictum est ) fore factum in forma praedicta recognoverunt , & ibidem concesserunt stare arbitrio , judicio & ordinacioni ejusdem domini nostri regis de & super jure & impedimento visitationis & jurisdictionis praedictorum ae aliis mate●iis & omnibus dependentiis earundem : qui quidem dominus rex postea 17. die mensis septembris dicto anno duode●imo apud lambeth praedictū , auditis & intellectis tam allegationibus quam responsionibus partium praedictarum , & etiam habens considerationem ad dictam submissionem factam tempore dicti regis richardi , ac ordinationem judicium & determinationem super eandem submissionem , tangentem visitationem & jurisdictionem praedict. ac clare consid●rans , qvod visitatio vniversitatis pra●dictae etiam us vniversitatis , et omnivm in vniversitate praedicta commorantivm ad dictvm archiepiscopvm et svccessores svos vt de ivre ecclesiae praedictae pertinet et de ivre pertinere deberet , et quod iidem cancellarius et procuratores ac alii ●is in hac parte adhaerens●s ●undem archiepiscopum de visitatione et jurisdictione praedictis inivste & absqve titvlo sev rationabili cavsa manvforti impediervnt , dictum judicium , ordina●ionem & determinationem praedicti richardi nuper regis ratificavit , approbavit , & confirmavit pro imperpetvo duratura ; & ulterius tam authoritate sua regia quàm virtute submissionis praedictae sibi factae ad ●uncibidem arbitratus fuit , ordinavit , consideravit , decrevit & adjudicavit , qvod praedicvs archiepiscopvs et svccessores svi imperpetvvm ha●eant visitati●nem et ivrisdictionem in vniversitate praedictatam cancellarii● commissarii , quàm procurat●rum eivsdem vniversitatis qvi pro tempore fverint ; necnon omnivm doctorvm , magistrorvm re●entivm & non regentium ac scholarium ejusdem universitatis quorumcunque , eorum servientium , aliarumque personarum cujuscunque status v●l conditioni● ex●iterint , et etiam eivsdem vniversitatis vt vniversitatis ; & quod cancellariu● , commissarius , et procuratores universitatis praedic●ae qui pro tempore fuerint , eorum successores , et omnes alii in dicta universitate pro tempore commorantes , futuris temporibus eidem archiepiscopo et successoribus suis in visitatione et jurisdictione● universitatis praedictae etiam ●t universitatie , in omnibus pareant et obedi●nt ; et quod ne● aliqui● aliu● in universitate praedicta● aliquod privilegium se●beneficium examptionis ad ex●ludendum praesatum archiepiscopum seu . success●res suo● de-visitatione et jurisdictione praedictis in universitate praedicta colore alicujus bullae seu alterius tituli cujuscunque erga praedictum archiepiscopum seu successores ●uos clameant , habeant seu vendicent ullo modo in futuro : et quod quotiens cancellarius , commissari●s vel locum tenens ipsorum , vel alicujus ipsorum , vel procuratores di●tae universit●tis , qui pro tempore fuerint , vel eorum successores ; ●ive aliquis eorum impedierint , vel impedierit praefatum archiepiscopum vel successores suos aut ecclesiam suam praedictam , aut ipsorum vel alicujus ipsorum commissarium vel cōmissarios de hujusmodi visitatione seu jurisdictione dictae● universitatis , vel in aliquo contravenerint dictis arbitrio , ordinationi ●ive judicio per praetatum richardam nuper regem factum , sive arbitrio , judicio , decreto , considerationi vel ordinationi ipsius domini nostri regis hen●i●i in ●ac casu 〈…〉 aliquis dictae universitatis in fut●●● impedierit dictum archiepiscopum vel successores suos , aut ecclesiam suam praedictam , aut ipsorum vel alicujus ipsorum commissarios vel commissarium , de visitatione sua aut jurisdictione antedictis , vel in aliquo contravenerit d●cto arbicrio five judicio per praefatum richardum nuper regem in forma praedicta facto , vel arbitrio , judicio , decreto considerationi seu ordinationi ipsius domini nostri regis henrici ; & quod cancellarius , commissarius procuratores universitatis praedictae tunc non fe●erint diligentiam & posse eorum ad adjuvandum dictum archiepilcopum vel successores suos aut ecclesiam praedictam , seu commissarium vel commissario● de visitatione aut jurisdictione antedictis , vel in aliquo cōtravenerint dictis arbit●io ordinationi ●ive judicio per praefatum richardum nuper regem in forma praedicta factis , vel arbitrio , judicio , decre●o , considerationi seu ordinationi ipsius domini nostri regis henr●● ; & quod cancellarius , commissarius & procuratores universitatis praedictae tunc non fecerint diligentiam & posse ●orum ad adjuvandum dictum archiepiscopum & successores suos aut ecclesiam suam praedictam , seu commissarium vel commiss●●os suos in hujusmodi casu , ac etiam ad puniendum hujusmodi impedientes & resistentes ; quod to●iens omnes franches●●e , lib●rta●es , ac omnia privilegia ejusdem universitatis in manu● domini regis vel haeredum suorum seisiantur , in eisdem manibus ipsorum domini regis vel haeredum suorum remansura quo usque praedictus archiepiscopus vel successores sui pacificam visitationem ac jurisdictionem in forma praedicta in dicta universitate habuerit vel habuerint , & etiam totiens cancellarius , commissarius , & procuratores ejusdem universitatis quo pro tempore fuerint & eorum successores , ac universitas praedicta solvant & teneantur , solvere ipso domino nostro regi henrico & haeredibus suis mille libras legalis monetae angliae : quae quidem cedula visa ac cum matura & diligenti deliberatione examinata & intellecta , dictus dominus rex in pleno parliamento asseruit & declaravit , omnia & singula in eadem schedula contenta per ipsum secundum quod in eadem continetur facta , arbitrata , ordinata , considerata , decreta & adjudicata in omnibus esse & ex●itisse : & sic de assensu dominorum spiritualium & temporalium necnon communitatis in eodem parliamento existentium qui super eisdem pleniorem deliberationem similiter habuerunt & eisdem decreto & judicio plenariè consenserunt & agreaverunt , eandem cedulam & omnia & singula in eadem contenta concessit approbavit , ratificavit & confirmavit : quodque eadem schedula in rotulo parliamenti secundum formam & effectum ejusdem irrotularetur & inactaretur , ac etiam quod eadem schedula & omnia in ea contenta sunt tanti et talis valoris effectus et authoritatis , et eosdem valorem effectum et authoritatem habeant et teneant ac si in praesenti parliamento , ac per auctoritatem ejusdem parliamenti facta exti●issent . et puis apres sur diverses matieres moeney par entre le dit erceve●que et lercevesque deverwyke sur certaines privileges pretenses par le dit ercevesque deverwike pour le college appellee queen-hall , en la vniversity oxenford , le dit erchevesque de canterbiis en presence du roy et des signeurs en le dit parlement provist , que se le dit erchevesque deverwyck purroit sufficientment monstrer ascum privilege ●u especialtee de recorde perount le dit er●evesque de canterbiis ne deust user ne exercer s● visitation du dit college , il se vorroit eut abstinier ; sauvant a luj touteffois la visitation de les escoliers demourantez en le dit college solone les juggementx & decrees faictz & donnez par le dit roy richard , & par nostre signeur le roy henry prest come en le recorde eut fuit plus ple nement est declarez . this act is likewise recorded even by robert hare himself , in his collectio libertatum & privilegiorum vniversitatis oxon. lo here a full and punctuall resolution of two successive kings , richard the second and henry the fourth , and of the lords and commons in parliament against the present pretended priviledge and plea of the university of oxford and their delegates , which subverts all the grounds of their feigned exemption from all other visitors but the king , either by foundation , prescription or papall buls and grants . this archbishop arundel not onely visited the university of oxford , but likewise held a provinciall councell therein anno dom. 1408. in which he made a constitution concerning the heads and wardens of the university , thus entituled , gardiani principales & praepositi universitatis oxoniensis , semel in singulis mensibus inquirant de moribus & doctrina suorum scholarium ( and that under pain of deprivation , in case of wilfull neglect ) which constitution is recorded at large by iohannis de aton , constitutiones legit . fol. 154. yea , * phillip repingdon bishop of lincoln sent forth his citations for a visitation to the university of oxford , as their diocaesan , intended to be held by him in st maries church in oxford , dated , apud leicest . 12. feb. anno dom. 1415. ( being the first yeer of henry the fift his reign ) to which the university , as to some particulars readily submitted , as is evident by their answer to him , viz. that they intended to make personal appearance to his summons at the time and place appointed , recepturi quae ad officium inquisitionis haereticae pravitatis duntaxat pertinere noscumtur . sub hac tamen protestatione , quod per illam personalent comparitionem non intendimus in vos consentire svper qvibvscvnqve articvlis . ( haereticae pravitatis duntaxat exceptis ) &c. datum apud oxon. 4● mensis martii anno dom. 1413. a cleer evidence , that by the repeal of the popes buls of exemption in parliament , 13. h. 4. not onely the archbishops of canterbury , but likewise the bishops of lincoln's jurisdiction over , and visitation of the university of oxford as their diocesan , was revived and submitted to , at least in cases of heresie . and in this very yeer 1413. this archb. arundel made certain statutes for the government of the universities of oxford and cambridge , as antiqu. eccles. brit. relates , p. 309. the greatest badge of his jurisdiction over them . anno dom. 1417. henry chirbley archbishop of canterbury upon the frequent and grievous complaints of divers in both vniversities , made a constitution and ordinance in full convocation , to endure for ten yeers , touching the promotion of graduates in the vniversities of oxford and cambridge , enrolled in his register , fol. 13 , & 14. iohn morton archbishop of canterbury , in the yeer of our lord 1490. visited divers diocesses within his province , and among others the diocesse of lincoln , wherein the vniversity of oxford then was , antiq. eccles. brit. p. 342 , 343. in which visitation it is probable he visited the vniversity , as part of that diocesse , though i find no expresse mention of it . anno dom. 1557. reginald poole archbishop of canterbury , visited the vniversities of oxford and cambridge by his delegates , the history where of its recorded at large in master fox his acts and monuments , vol. 3. edit. 1640. p. 762. to 780. and epitomized in antiqu. eccles. brit. p. 422. which visitation some say he kept onely as popes legat , not in his metropolitical right , though i conceive he visited in both those capacities ; altering and reforming the statutes of both vniversities , and making new ones of his own for them to observe , yet extant among their records . an. 19. of queen elizabeths reign , edmund grindall archbishop of canterbury and his commissary , received an appeal from william wylson elected rector of lincoln-colledge in oxford , whom the bishop of lincoln and his delegates ( visitors of that colledge ) refused to admit , and thereupon granted an inhibition to the bishop and his visitors , and summoned them to appear before him to determine this election , as appears by the queens commission to examine this businesse , dated 23. apr. 19. eliz. endorsed on the rolls of that yeer . in the twelft yeer of king charles william laud archbishop of canterbury intending to visit both universities by his metropolitical right , the universities revived this plea against his jurisdictiō , which had rested in peace without any controversie from k. henry the 4th his resolution , anno 1612. till that very yeer 1635. the universities alleaged , that the king onely was and ought to be their sole visitor , and that they were exempt from all . archiepiscopal and episcopal visitation by foundation , prescription , papall buls , royall charters and expresse statutes ; & the vice-chancellour , and heads of the university of cambridge , on the 24. of december 1635. presented this ensuing paper to the archbishop , against his metropoliticall power to visit them ( comprizing in it whatever the university of oxford hath alleaged , or can colorably object against their present visitation ) the originall whereof i have in my custody , endorsed with the archbishop's own hand . a summary brief or extract of the reasons wherefore the university of cambridge is exempt both from archiepiscopal and episcopal jurisdiction and visitation . it being laid for a ground , that the chancellour of the university as ordinarius , hath , and of ancient time had ordinary jurisdiction within the vniversity , as may appear , as well by the letters patents of king richard the second , under the great seal of england , of a grant to the chancellour , to make a significavit into the chancery of his excommunications , as bishops used to do ; whereupon the writ of de excommunicato capiendo was to issue ; as also , by a multitude of presidents , of the exercise of spirituall censures and jurisdictions ; amongst which it doth appear , that in the time of king edward the first , the chancellour of the vniversity did excommunicate the builiffs of cambridge for infringing the priviledges of the vniversity : and in the time of king henry the eighth , iohn edmunds then master of peter-house , and vice-chancellour of the university did excommunicate dr cliffe , chancellour to the bishop of ely , for excommunicating a priviledged man , and the matter comming before cardinal woolsey the popes legate , it was ordered for the university ; and doctor cliffe submitted to the said vice chancellour , and was absolved by him publikely in the vniversity . in the first place , the vniversity of cambridge is studium generale , and communitas clericorum ; and it is f one of the royall prerogatives of the kings of england , that where they are founders of monasteries , colleges , or other religious places , such religious places , so founded are eo ipso exempt from episcopall and archiepiscopall iurisdiction , and are onely to be visited by persons delegated by the king's majesty , by commission under the great seal of england . that the university is of the royall foundation of the king's progenitors or predecessors , it appears not onely by authentick historians , but also by a petition exhibited by the chancellour and schollers of the university , 5. r. 2. to the king in parliament , concerning the townsmen of cambridge burning their charters and other writings and muniments , &c. and the reason of the petition is given , cum dicta vniversitas cantebrigiae sit ex . ordinatione & fundatione illustrium progenitorum vestrorum , propter honorem dei & sanctae ecclesiae . which petition was accepted , and a decree thereupon made in parliament against the townsmen . 2. the popes of rome untill 26. h. 8. did usurp upon the imperial crown of the realm , and did assume to themselves a superiority and supremacy in all matters of ecclesiastical government , and in very g ancient times there were grants , rescripts or buls to free the vniversity from the jurisdiction of the bishop of the diocesse , and of the archbishop . pope iohn the two and twentieth , in the eleveneh yeer of the reign of king edward the second , and at his request , doth confirm to this vniversity ( which he called studium generale ) all manner of priviledges and indulgences before that time granted to it by any of his predecessors , or any kings of this realm . the prior of barnwell also , anno dom. 1430. as delegate to pope martin the fift , by vertue of that power committed to him , confirmeth the jurisdiction and exemption of the vniversity by an authentick instrument under the seal of the said pryor and his covent , called , processus barnwellensis , the original whereof is still in archivis academia . pope eugenius anno dom. 1433. being 12. h. 6. reciting the buls of pope honorius & sergius primus ( the which were n seven hundred yeers before that time ) for the freeing of the vniversity from the jurisdiction of the bishop and archbishop , and reciting the processe of barnwell , doth confirm the same , and supplies all defects , as appeares by the original in parchment in archivis vniversitatis . 3. there is a o constant custome and prescription for the freeing of the vniversity from the jurisdiction of the bishop and archbishop ; and a prescription and custome will prevail in this case , as well upon the canon law , as it will upon the municipal and fundamental lawes of the kingdom : and the rather , because the canon law had his force in this realm by usage and custom : and to prove , that this custome and prescription was ancient in the time of henry the sixt ; it appears by the foresaid instrument under the seal of the prior of barnwell , termed processus barnwellensis , that the masters , doctors and schollers of the university , for the preserving of their immunities and exemptions from the bishop and archbishop ( their charters and buls from the popes being lost or burnt ) did addresse themselves by petition to pope martin the fift , who did make a commission delegate to the prior of barnwell and iohn deeping , and to either of them to enquire , &c. the prior takes upon him the execution of the commission ; the university in the regent house make a proctor under the common seal : there are seven witnesses examined who speak for the time of their memory , some of them for sixty yeers , that ( by all that time ) the chancellour of the vniversity had exercised ecclesiastical jurisdiction within the university , and names richard scroop , and eleven other chancellours of the vniversity , and p that no archbishop or bishop did interpose ; and doth instance doctor fordham bishop of ely , comming to cambridge with an intention to visit the university , when he understood of the priviledge of the vniversity , he did supersede . sithence that processe , being above two hundred yeers ago , . there have been fourteen archbishops of canterbury , and sixteen bishops of ely , and none of them have visited the vniversity of cambridge , notwithstanding they have visited their diocesse and province . 4. not insisting on sundry p ancient charters of former kings ; king edward the second , an. 11. of his reign , writes to pope iohn the two and twentieth for confirming the ancient priviledges which the vniversity then used , with augmentation of new ; the which is in the tower of london , and was under the great seal of england . and 22. maii 36. edw. 3. that king directeth letter patents to the archbishops , bishops and ecclesiasticall persons by way of prohibition , that schollers should not be cited into ecclesiasticall courts out of the vniversity : and 6. hen. 5. when a commission was granted for the enquiring and correcting of hereticks , according to the statute of 2. hen. 5. there is this clause ; nolumus tamen quod aliquis vestrum de aliquo praemissorum quae per privilegia & libertates vniversitatis per cancellarium ejusdem vniversitatis solummodo corrigi & terminari debent , colore praesentis commissionis nostrae in aliquo intromittatis . in the letters patents of king iames of blessed memory , in march 20. of his reign , he first declares his intention to confirm the priviledges and customes used in the vniversity : secondly , he doth in expresse terms confirm the jurisdiction as well spirituall as temporall , the priviledges , quietances and exemptions , not onely by the grants of his progenitors , vel aliarum personarum quarumcunque , but also praetextu aliquarum chartarum , donationum , consuetudinis , praescriptionis , &c. and thirdly , grants that the chancellour , and ( in his absence ) the vice-chancellour shall visit colledges which have no speciall visitor , which charter is also exmero motu & certa scientia . 5. it appears by the statute of 25. h. 8. cap. 19. & 21. that albeit the supremacy in causes ecclesiastical be resumed to the crown from the pope , yet no part of that power which the pope or archbishop of canterbury ( as his legat ) in any wise ever had , is invested in the archbishop ; but it is q especicially provided , that in the case of monasteries , colleges , &c. exempt from episcopall power , and immediately subjected to the pope , the visitation shall not be by the archbishop , but by commissioners to be nominated by the king by his commission under the great seal . it is true , that by the statute of 31. h. 8. in a proviso therein contained , there the bishop and archbishop have a power given unto them over monasteries , colledges , &c. which before were immediately subjected to the pope ; but that enlarging of the power of the archbishop doth extend onely to religious houses dissolved ; it doth not extend to the vniversity : and the statute of 1. phil. & mary cap. 8. repealing the statutes made against the pope's supremacy , and giving power to the archbishop , &c. to visit in places exempt , hath a speciall proviso thereby , not to diminish the priviledges of the vniversities of oxford and cambridge , nor the priviledges granted to the church of westminster , windsore , and the tower . there is no new power given to the archbishop by the statute of 1. elizabethae , and this appears evidently in the proviso therein touching the visitation , for ( if he will visit ) he must be having jurisdiction , and he must visit onely within his jurisdiction , and the power is also given to ordinaries within their jurisdictions . 6. i presidents and examples in the very poynt ; wherein not to insist upon the president of any archbishop before the time of 26. h. 8. in as much as the pope then being reputed the supream head of the church , and the archbishop of canterbury having a legatine power , his acts then are not to be ensampled to the succeeding archbishops , who have not any power in the poynt in question touching visitation , from the pope ; but what hath been done sithence is most materiall , and that time hath taken up above an hundred yeers , which by the canon law is accounted not onely tempus antiquum , but tempus antiquissimum . the first visitation of the university , sithence that time was 27. h. 8. when the lord cromwel was chancellour of this university , and the same was by * commission under the great seal of england ( to the lord cromwel chancellour , and others ) according to the foresaid statute of 25. h. 8. the second visitation was k 3. edw. 6. and as it doth appear by the letter of the duke of somerset the then chancellour of the university , that visitatio regia was , by reason that he was moved by the letters of the university to send visitors : he being then protector was not in commission . in the third and fourth yeer of the reign of phillip and mary ( the pope being restored to his usurped power ) cardinal poole did visit the university ; but it appears in the processe , that it was as legatus , by commission from the pope , cui papa commisit visitationem & reformationem studiorum generalium : which clause , together with the proviso in the said statute 1 , & 2. phil. & mary , proveth , that this visitation was not authoritate metropolitica . and lastly , there was a royall visitation 1. eliz. by m commission under the great seal , to sir william cecill , then the chancellour of the university , and to others : the queens letter before the said visitation , to sir william cecill , is , because the chief order and governance of our vniversity of cambridge appertaineth to you , being the chancellour of the same , &c. wee thought meet to will you in our name to give signification , that we mean very shortly , with your advice , to visit the same by some discreet and meet persons . yet notwithstanding all these reasons , presented by the vniver . of camb. & others of like nature sent from oxf. amplified by councell , upon a full & deliberate hearing of both parties before the king himself & the lords of the privy counsel at hampton court , the king and lords resolved against the universities claims and reasons , and confirmed the ancient declarations and resolutions of king richard the second , and henry the fourth , disclaiming this new revived monopoly , of the king's sole right of visiting the vniversities , they would attribute to him as his royall prerogative , and their grand priviledge and birthright ( which they are bound by oath and duty to maintain ) as this ensuing charter of king charles himself will demonstrate , to their eternall refutation . anno duodecimo caroli , pars sexta novemb 2. commis. visitat . archiepiscopo cant. rex omnibus ad quos , &c. suborta nuper lite & controversia inter reverendissimum in christo patrem archiepiscopum cantuariensem , & vniversitates nostras oxonii & cantebrigiae super jure & titulo visitationis metropoliticae universitatum praedictarum , praefato archiepiscopo jus visitandi praedictas universitates sibi & ecclesiae suae metropoliticae christi cantuariensi vendicante ; praefatisque universitatibus se a visitatione praedicta exemptas esse pretendentibus ; liteque & controversia praedictis , ad nos & judicium & sententiam nostram regiam delatis , nos ad stabiliendam pacem inter partes praedictas & ad tollendam in perpetuum bujusmodi controversiae materiam , reverendissimum in christo patrem praedictum & perquàm fidelem consiliarium nostrum willielmum , providentia divina archiepiscopum cantuariensem totius angliae primatum & metropolitanum , & vniversitatis oxonii cancellarium , necnon perdilectum & perquàm fidelem consanguineum & censiliarium nostrum henricum comitem holland , vniversitatis cantebrigiae cancellarium , aliosque nonnullos a praedictis universitatibus mandata sufficientia habentes , venire fecimus coram nobis & consiliariis nostris in aula nostra apud honorem nostrum de hampton court vicessimo primo die mensis junii , anno regni nostri duodecimo ; ibidemque auditis & intellectis quae per partes praedictas hinc inde dici & allegari potuerunt , habitaque cum praefatis consiliariis nostris deliberatione matura , ad definiendam & dejudicandam litem & controversiam praedictam processimus in modum fequentem . primò & ante omnia per probationes legitimas & per confessionem utriusque partis , nobs constabat , nos jure coronae nostrae regni angliae habuisse & habere potestatem visitandi universitates praedictas quoties & quandocunque nobis & successoribus nostris visum ● fuerit : praefatumque archiepiscopum jure ecclesiae suae metrop●●●ticae christi cantuariensis habuisse , & habere potestatem visitandi totam provinciam suam cantuariensem , in qua universitates praedictae positae sunt . cum verò ex parte universitatum propositum esset , universitates praedictas per quasdam chartas nostras & praedecessorum nostrorum , & bullas papales fuisse exemptas & immunes ab omni visitatione & jurisdictione archiepiscopi praedicti , eandemque immunitatem ligitima temporis usu fuisse praescriptam ; ex parte praefati archiepiscopi coram nobis ostensum & probatum fuit , tres praedecessores suos archiepiscopos cantuarienses actualiter visitasse universitates praedictas jure ecclesiae suae metropoliticae christi cantuariensis , & non per potestatem legitimam ; ortaque olim lite inter archiepiscopum canturiensem & universitatem oxon. super jure visitationis praedictae tempore richardi secundi praedecessoris nostri , regis angliae , eundem praedecessorem nostrum plenè auditis quae per partes utrinque proponi potuerint , pro archiepiscopo & jure visitationis suae judicasse ; eademque controversia itorum emergente inter archiepiscopum cantuariensem & universitatem oxon. tempore henrici quarti praedecessoris nostri regis angliae , eundem praedecessorem nostrum similiter pro archiepiscopo praedicto & jure visitationis suae praedictae pronunciasse et determinasse , easdemque sententias et determinationes per actum parliamenti anno tertiodecimo henrici quarti fuisse ratificatas & confirmatas . quinetiam nobis constabat , praedictas exemptiones & immunitates a visitatione metropolitica archiepiscopi cantuariensis , vel earum aliquam , per aliquam chartam nostram vel praedecessorum nostrorum non fuisse concessas , easdemque per bullas papales concedi non potuisse , nec per cursum temporis citra actuales visitationes archiepiscoporum praedictorum fuisse legitimè praescriptas , nec de jure nostro ecclesiastico potuisse praescribi : praefatus●● archiepiscopus coram nobis protulit schedulam subscriptam manibus magistrorum collegiorum universitatis cantebrigiensts in qua magistri pro se & universitate sua , privilegiis & immuntatibus papalibus universitati praedictae concessis , renunciabant . quibus omnibus per nos consideratis , habitaque deliberatione cum praefatis consiliariis nostris , judicavimus et determinavimus jus visitandi cancellarios , magistros et scholares universitatum praedictarum , successorum suorum , eorvmque servientium , aliarumque personarum pro tempore existentium libertati et privilegiis universitatum prefat. utentivm , necnon universitatum praedictarvm vt vniversitates , spectare et pertinere ad praefatum archiepiscopum & svccessores svos & ecclesiam metropoliticam praedictam , per se , commissarivm sev commissarios svos exercendvm : et quod praefati cancellarii , magistri , scholares , & reliquae personae privilegiis vni . versitatum utentes , eorumque successores , perpetvis fvtvris temporibvs eidem archiepisccpo et svocessoribvs svis , eorvmve commissariis in visitatione et jvrisdictione vniversitatvm praedictarvm in omnibvs pareant et obediant . cum vero coram nobis praeterea proponeretur non satis constare quoties & visitatio praedictarum vnivesitartum exerceri debeat , ad amputandas similes controversias in futuro , ordinavimus , quod licebit praefato archiepiscopo & successoril us suis visitare vniversitates praedictas non tantvm semel in vita , sicut in reliquis partibus provinciae cātuariensis nuper visitat . suit , verii etiam quod licebit iis eorumque singulis post primam visitationem metropoliticam finitam praedictas vniversitates per se vel commissarios svos visitare qvotiescvnqve illvd necessarivm praefatis archiepiscopis visvm fverit ex cavsa rationabili et legitima per nos et svccessores nostro sp rimitvs approbanda . cumque praeterea coram nobis proponeretur , ex parte cancellarii praedicti , futurum valdè incommodum sibi & successoribus suis pro dignitate personarum suarum , si in visitationibus praedictis personaliter debeant comparere ; declaravimus , jure satis consultum esse eorum incommodis in hac parte , cum possint in visitationibus praedictis per procuratores suos comparere . denique per praefatum archiepiscopum a nobis humiliter petitum fuit , hoc nostrum judicium & declaratio potestatis visitandi vniversitates praedictas sibi & successoribus suis jure ecclesiae metropoliticae christi cantuariensis , competent . non possint in futuro extendi ad episcopos et archidiaconos locorvm in quibus vniversitates praedict. positae svnt : et ut praefatae vniversitates per praefatos episcopos & archidiaconos impostervm non possint visitari : et ut hoc nostrum judicium , ordinationem & determinationem sub magno sigillo angliae concedere confirmari dignaremus : cujus petitioni annuentes , declaravimus , qvod vniversitates praedictae per episcopos et archidiaconos praedictos impostervm non visitentvr . et hoc nostrum judicium , ordinationem & declarationem sub magno sigillo angliae communiri , & confirmari jussimus . mandantes praefatis cancellariis magistris & scholaribus vniversitatum praedictarum ut visitationi praefati archiepiscopi et svccessorvm svorvm se svbmittant , et vt nvllam exemptionem sev immvnitatem adversvs visitationem praedictam sibi vendicare praesvmant . in cujus rei , &c. t. r. apud westm. tricessimo die januarii , anno regni caroli regis angl. &c. duodecimo . per breve de privato sigillo . by all these recited histories and records it is unquestionably apparent , both in point of fact and right too , that the archbishops of canterbury have from time to time visited the universities both of oxford and cambridge , the severall colledges and hals in them , by their meer metropolitical right . that this right of theirs , and jurisdiction over the universities , was never opposed , nor this plea or priviledge of the king's sole right , ever pretended or insisted on till 20. r. 2. and that only by a factious party in the university of ozford . that this king himself , on whom that prerogative was first fixed , did by an expresse charter and decree absolutely disclaim , and adjudge it for the archbishops , against the university of oxford , upon a solemn reference of the whole businesse to him . that when the vniversity of oxford renewed it again , king henry the fourth , to whose determination the vniversity and archbishop submitted the descision thereof , adjudged it for the archbishops against the vniversity , and disclaimed this pretended prerogative of his sole visiting she vniversities : which determination of his was ratified by the lords and commons in parliament , as a binding decree against the vniversity , and their successors : that the archbishops of canterbury enjoyed the privilege of visiting the vniversities without dispute , till 12. caroli , who upon full hearing of both vniversities and the archbishop , before himself and his councell , by his letters patents under the great seal , confirmed the descisions of richard the second , and henry the fourth , and the archbishops metropolitical right of visiting the vniversities , notwithstanding all pleas , buls and charters alledged for their exemprion ; and likewise disavowed his own pretended right of sole visiting the vniversities as vniversities ; that the popes buls now insisted on for exempting the vniversities from episcopal and archiepiscopal jurisdiction and visitation , have been renounced by the vniversities themselves , and declared null and void by these three kings , and the parliament of 13. h. 4. and no bar at all to the archbishops right then , much lesse to the parliaments now : that no kings of england ever visited the vniversities till king henry the eighth , and that neither his visitation of the vniversity by his commissioners ( if reall ) nor k. edward the sixt by his , nor the statutes of 26. h. 8. c. 1. 25 h. 8. c. 19 , 31. nor 1 & 2 phil. & mary c. 8. nor 1 eliz. c. 1. did deprive the archbishops of canterbury of this jurisdiction , nor yet the bishop of the diocesse , whose jurisdiction continued till the twelft yeer of king charles , as this clause in his letters patens , declaramus quod vniversitates praedictae per episcopos & archidiaconos in postervm non visitentvr , intimates : which fully makes good my second , and fift position too , in every particuler branch . i shall be briefe in proof of my third . that cardinal poole archbishop of canterbury , in the third and fourth yeer of queen maries reigne , as popes legat , visited both vniversities , is thus related by matthew parker his immediate successor , antiqu. eccles. brit. p. 422. reginaldus polus in legatione administranda , quia ●um in vivis vix aliqui evangelici quas flammis extingueret noti essent , in mortuos saevire decrevit . ac primum cantuariensem diocaesim visitavit ; deinde cantebrigiensem et oxoniensem academias , johanni christophersono cicestrensi , & cutberto scoto cestrensi episcopis , necnon colo , & maximè ormaneto ( quem omnit us rebus praefecit ) lvstrandas , & ad pontificiam ●mussim atque normam reducendas commisit . hi c●●m in collegi●s omnia perturbassent , novisque duris legibus multorum juvenum praeclar●s indoles a studiis prorsus alienassent , ne quid crudelitatis omitterent , mort●orum sepulchra violarunt , &c. the whole form and proceedings of their visitation of the vniversity and colledges of cambridge , is at large recorded by master fox in his acts and monuments , edit. 1640. vol. 3. p. 762 , to 780. where those who please may read them at their leisure ; both the vniversities submitting to his visitors visitation of them , not onely as archbishop , but popes legat too : cui papa commisii visitationem & reformationem studiorum generalium ; as he expressed in his processe : this cardinal altered the old , and made new statutes for the vniversities , rejecting those made by king edward the sixt his authority , which statutes of his are yet remaining among the records of both vniversities . that the chancellours of both universities have anciently , and at this day claimed a power of jurisdiction and visitation too ( in some cases ) over them , is confessed and argued by the university of cambridge , in the summary brief of their reasons , forecited , p. 29 , 32. they alledging this as one principall reason , why they should be exempt from all episcopall and archiepiscopall jurisdiction and visitation too , in some cases : and the university of oxford , ( as is apparent by the words of the commission of queen elizabeth , 23. aprilis , 19 eliz. ) made the se●● same plea and suggestion against archbishop grinda●s jurisdiction in receiving an appeal from william wilson ( rector elect of lincoln-colledge in oxford ) against the bishop of lincoln and his visitors , who refused to admit him rector of chat colledge , that the chancell●ur of the vniversity of oxford , time out of mind , had been in quiet possession of this priviledge among others : quod doctores , magistri & scholares omnes & singuli dictae & academiae , ab omni jurisdictione , dominio vel potestate quorumcunque archiepiscoporum , etiam legatorum natorum , necnon episcoporum , aliorum ordinariorum , & judicum quorumcunque quoad omnes contractiones , vel quasi initos infra praedictam vniversitatem , & quoad omnia crimina , vel quasi & pvnitionem corundem ( exceptis prae-exceptis , mahemia , & felonia , & assisis , & placitis de libero tenemento ) & quoad omnes actvs scholasticos , quamdi● degerint in e●dem vniversitate , sunt exempti & totalitèr liberati , & praedicto cancellario subjecti . et quod cancellarius praedictae vniversitatis omnem et omnimodam jurisdictionem ecclesiasticam et spiritualem in pradictos scholares et alias personas exercere libere et licite possit et valeat . the reality of which pretended exemption , priviledges and infringment of them by wilson's appeal , the queen referred to the examination and determination of the bishops of london and rochester , christopher wray chief baron of the exchequer , sir william cordell master of the rols , thomas wilson doctor of law , one of the masters of request● , iohn gibbons , doctor of law , and one of the masters of the chancery , and iohn griffeth doctor of law , or any seven , six , five , four , three or two of them ; but what they did or determined therein is uncertain . if then the popes legats and the chancellours of both universities , have exercised , and time out of minde enjoyed such jurisdiction over the universities of oxford and cambridge ; their pretence , of being subject onely to the king's visitation and jurisdiction , must necessarily be disclaimed , being directly contrary to their own expresse claims , in relation to their chancellours . my fourth position , that the particular colledges , hals and members of the vniversity have their particular visitors appointed by their founders and private statutes , to whose visitation and jurisdiction they are subject , not to the king's alone ; is such a known truth , that i need not prove it , having given some touches upon it * already in lincoln-colledge and brasennose . the rather , because the author of the priviledges of the university of oxford , p. 6. makes this argument against the visitors present jurisdiction , we have yet a more strict and particular obligation , being sworn by our respective statutes , to allow and submit to no visitation but from those who are nominated by our founders . and the common and statute law of england allows the founders of any colledge , abbey , hospital , free-school or free-chappel , without cure of souls , to visit or nominate those who shall visit the same , as is evident by 8 ass. 29. 8. e. 369. 13 ass. 2. 11 h 4 12. 84. 27 e. 3 84. 6 h. 714. fitz. nat. bre. 42. a. b. 50. 〈…〉 . brook praemunire 1. 5. h. 5. c. 1. 25 h. 8 c. 21. 43 eliz. c. 4. now of all the colledges or hals in the university of oxford , as doctor fell ( the pretended vice chancellour alledged before the committee of lords and commons for regulating the university ) there is none but christ . church onely , of which the king is immediate visitor , ( and that originally founded by cardinal woolsey , not the kings progenitors ) and no more but it and * orial colledge , and st. mary-hall ( founded by k. edward the 2d ) and iesus-colledge ( founded by qu. elizabeth ) whereof the king and his progenitors have been founders ; which three later have their particular visitors appointed by their founders statutes : and no colledge in the university of cambridge but kings-colledge , trinity-colledge any christs-colledge , whereof the king's ancestors are immediate founders ; how then the king can truly and really be stiled , the sole founder or visitor of both or either our universities ( there being but three colledges in oxford , and three in cambridge of his foundation , and but one of his visitation ) i desire the university at leisure to resolve , since this their plea , we have yet a more strict & particular obligation , being sworn by our respective statutes , to allow and submit to no visitation but from those who are appointed by our founders , quite subverts their grand pretended priviledge , and strongest plea in bar ( which the author of the priviledges of the vniversity of oxford undertakes to make good ) that the right of visiting the vniversity of oxford , is onely in the king's majesty , and that it is exempt from all other jurisdiction , by its foundation , prescription and grants of exemption ; when as i have proved it to be anciently and legally subject both to the jurisdiction and visitation of the bishops of lincoln , of the archbishops of canterbury , the popes legats , the chancellour ; and the colledges and hals as members of it , to sundry particular visitors , appointed by their respective statutes and founders ; the two last whereof themselves acknowledge and urge too . which fully refutes the king's pretended royall monopoly of sole visiting the university , which himself and his progenitors have severall times disclaimed and resolved against in expresse terms , as i have manifested . my fift position is * already substantially proved in every syllable , in the evidence for probat of the second ; which i shall not repeat , but only conclude , the author of the vniversities priviledges was very ill advised to plead popes exploded , illegal , antichristiā buls in bar against the jurisdiction of both houses , and the visitors deputed by them , in these anti-papal times of reformation , which might justly induce them to suspect , that the heads and members of the university have a higher and more reverent esteem of the popes usurped , abandoned authority , and illegal buls , then of both houses rightfull power and ordinances , which they would have these voyd papall buls ( no better then the white bull in osny tower ) controll , though the very letter of them extends onely to exempt themselves from archiepiscopal and episcopal , not parliamentary jurisdiction and visitation , no more then regall . these five positions being all confirmed , and the universities pretended grand priviledge and false plea thereby sufficiently refuted , i shall next examine and refeil the false grounds and impertinent evidences produced by their advocate to make them good , and so leave them without excuse . the first ground in maintainance of this exemption is , that the vniversity of oxford wholly refers to the king , as its originall & founder ; that almest 800. yeers since , king alured not onely founded publick schools of arts & lectures , but their priviledges & immunities , having gotten them confirmed by the then pope ; that the vniversity ever submitted and she●●●red themselves under the title of the kings foundation & yet do . for which some instruments of the university to k. richard the 2d , and others , wherein they recite they are vestrae fundationis & patronqtus , are cited in the margin : now all societies whereof the king or his predecessors were founders , are onely visitable by the king , by the common law of this realm 6 h. 7 f. 14. 2 h. 5 ( i suppose he intends the statute of 2 h. 5 c 1. since there is nothing in the yeer book to that purpose . ) to this i answer , first , that the originall founder of the university of oxford is not certainly known : secondly , that king alured was not the first founder of this vniversity , or of schools and lectures in it , ( which had been time out of mind before , as master cambden in his britiania , p. 378. proves out of ass●r ) but onely the restorer and repairer of them , recalling the long banished muses unto their own sacred cels , it being a vniversity above three hundred yeers before at lest ; its orders and ordinances for lectures , &c. being made and established by gildas , melkin , ninnius , kentigerne , and other godly and learned men , which saint german wondrous well allowed of ● which the old schoolmen of the vniversity proved by the undoubted testimony of old chronicles before king alured , in their contest with grimbald their divinity professor there : and it is one thing to be a founder , another a repairer or enlarger ; else every founder of a new colledge or school in the vniversity , or repairer of an old one , should be the founder of the university and colledge it self . thirdly , that this king conferred any priviledges or immunities on this vniversity , & got them confirmed by the pope ; i find no satisfactory evidence : but admit he did , this makes him no more a founder of the vniversity , then edward the 3d , richard the 2d , king henry the 8th , queen elizabeth , king iames , or king charles , who confirmed and allowed the vniversities ancient priviledges . fourthly , there are only three colledges and one hall in oxford now remaining of the king's and his predecessors foundation , and one of them christ-church , was really founded by cardinal wool●ey as a colledge , and by the * king onely as a deanary and cathedral ; all other colledges and hals , with the publike schools and library had other founders ; therfore the king and his progenitors cannot be properly stiled , the sole founder of the whole vniversity , and so the onely visitors by the common law . fiftly , the parliament it self ( to speak properly ) is the true reall founder and establisher of both vniversities , they being incorporated and made capable to sue , purchase and enjoy all their priviledges and lands without controversie , onely by an act of parliament in the 13. yeer of queen elizabeth , rot. 36. the title whereof is onely mentioned in the printed acts ; therefore the parliament being the true founders of it , have best right to visit it by the common law , by us their commissioners , as this objection proves . sixtly , this plea , that the vniversity is of the king's foundation only , ( as the objector grants ) is but the vniversities own device , who anciently did , and yet do shelter themselves under the title of it , against their lawfull visitors , and are very ill advised to fly to this false shelter now , since three kings and one parliament have severall times driven them from it , as the premises evidence . seventhly , admit the antecedent true , that the king and his predecessors were sole founders of the vniversity , yet the sequell is unfound : ergo they only are the visitors of it , and none others , seeing i have proved , that others have of right visited and had jurisdiction in and over it as a vniversity from time to time , besides our kings , and that of right , by our kings and parliaments resolutions , notwithstanding this pretext of being sole founders . eightly , the king and his progenitors by their charters are as much founders of every corporation , every company of merchants and other tradesmen in london and other cities , as of the vniversities ; will it therefore follow , ergo , none must visit or regulate them but the king , and the houses of parliament , the committees for trades , complaints , grievances , clothiers , weavers , &c. may not regulate nor reform them , much lesse the lord major and court of aldermen , as they have usually done . ninthly , the book of 6 h. 7 14. is no resolution , but a private opinion ; it only speaks of the kings free chappels without cure , which he or his chancellours shall visit , not the bishop , but by commission ; not of vniversities or colledges , the thing in question ; nor yet of monasteries , churches and chappels with cure of souls , which the archbishop and bishop of the diocesse shall visit , though built , founded and endowed by the king himself , as this very law-book [ 6 h. 7 14. ] grants ; whence most ancient abbies founded by our kings , were exempted from archiepiscopal and episcopal visitation and jurisdiction by special charters confirmed in * parliament , and popes buls , the king's meer foundation and charters alone being no legall exemption from their power by the common or canon law . as for the statute of 2 h. 5 c. 1. it speaks only of hospitals of the king's foundation , that the ordinaries shall visit them by his commission , not of colledges or vniversities ; without the words and intention of the act . tenthly , this and other law-books onely say , that the bishop shall not visit hospitals and free-chappels of the king's foundation ; but no book avers , the houses of parliament may not visit them nor their delegates : and to argue , the bishop of the diocesse may not visit the king's free-chappels or hospitals ; ergo , the parliament may not do it ; is no better logick then ; the ordinary cannot visit nor reform the greatest officers of state , the cours of justice at westminster , the kings own court ; nor any civil abuses , and publike grievances : ergo , the houses of parliament cannot do it . yea , all our books agree , that the bishop by commission , under the great seal , may lawfully visit the kings freechappels & foundations , and the stat . of 2. h. ● . c. 1. enacts as much : but we have such a commission to visit the university , therefore we may lawfully do it . these answers , i suppose , have sufficiently shaken the sandy foundation of the universities exemption , the kings foundation of it , whereon they most rely . yea , but the objector learnedly replys , p. 3. here you may please to consider , that the foundation of the vniversity being the kings personal act , his interest lies not within the reach of that beaten evasion , of a publike and politique capacity . i answer , i understand not wel what he means by the kings personal act : unless the act of the king in his natural capacity , as a man , not in his politick , as a king . if so , then it follows : 1. that the king and his progenitors , as kings in their publike and politick capacities , were not founders of the university , but only in their natural , as private men ; which subverts his own assertion and foundation . 2. that this priviledg of a founder is not annexed to the kings publike and politick , but natural and personal capacity , and so not descendible nor hereditary ; since personal actions , acts and priviledges , by the rules of the law , * die with the person . if he mean by the kings personal act ; that the king in person , laid the very first foundation stone of the university with his own hands ; or writ and sealed the patent or charter that first founded it , himself , and not by any substitutes or officers : this wil b● hard for him to prove ; and the sequel wil be ; that the king only in his own royal person , must visit the vniversity now ; but net by any commissioners or delegates ; and so all his other foundations , contrary to all former presidents , statutes and law-books , that he may visit them by commissioners , which the un●versities answer acknowledgeth , and himself to● the next * ground of exemption urged , is pre-scription and bulls of popes ; both which being abandantly refuted in the premised positions , and no plea at all against both houses of parliament , or any power derived from them , ( not mentioned , nor included in , nor yet confinable by these bulls ) though they might hold good against any ordinary or inferior jurisdiction , if true , i shall here therefore pretermi● without further answer . the 3d , ground of exemption alleaged , it * grants of exemption by popes , allowed and confirmed by charters from several kings , both by themselves and in parliaments ; to prove which , there are quoted in the margin some popes buls , out of h●re , the old book of oxford statutes , and the senior proctors book , with this addition , 25. h. 8. c. 21. all power of visitation is given only to such , as shall have immediate authority by the kings commission , under the great seal of england , in places formerly exempted ; as colledges &c. all letters , patents heretofore made by the kings progenitors , in behalf of the vniversities , are confirm'd by act of parliament . 13. eliz. & 19. eliz. part . 13. in dorso ; the priviledges of the vniversity are confirm'd in the very words of boniface , 8. acknowledged they had them by prescription ; the immediate subjection of the vniversity to the authority and iurisdiction of the prince , and all their other exemptions ratified ; and those acknowledged to be sworn to , in the oath taken by every graduate . these are all the evidences of moment produced to make good this ground . i answer . 1. that all these popes bulls of exemption now insist●●●on , were so farr from being allowed and confirmed by charters from several kings , both by themselves and in parliaments ; that king richard the 2. and king henry the 4. by both their charters , and in parliament , upon solemn debate , disallowed , ●ulled and declared them meerly void , and the university it self , absolutely renounced them as nullities and prejudicial , in both their raigns : king charles himself by his charter , ratifying and approving their resolutions herein , as i have proved . therefore this allegation is a most palpable falshood , there being no one charter , nor act of parliament that ever allowed or confirmed them before or since these kings declarations of their nullity . and admit these bulls so confirmed , yet they ex end only to exempt the university from archiepiscopal , or ordinaries visitations and jurisdictions , not from the kings or parliaments , not mentioned nor intended in them . i shall close up this with matthew parkers authority , the first arch bishop of canterbury , in queen elizabeths raign . de antiqu. eccles. brit. p. 35 , ( before the arch-bishops lives ) where thus he writes of the jurisdiction of the arch bishop of canterbury , even in this queens raign , & of these popes buls nullity . episcopatus et diocaeses suae provinciae quandocunque , et quocunque ordine sibi videbitur expedire , visitat &c. tamque latè patent hujus archiepiscopatus privilegia , ut in loca firmissimi● septa ac munita privilegijs se insinuent . multa onim loca quae a metropolitica et ordinaria iurisdictione se eximi procurassent , ab hujus tamen authoritate immunia ac tuta esse non poterant . inter quae illae celebres cantabrigiensis et oxoniensis in anglia academiae , quanquam peculiaria jura , et exemptionis privilegia sibi quondam á papa concedi procurassent , illis tamen authoritate posteá regia irriti● ac rescissis , in cantvariensis archiepiscopi avthoritatem sese reddidervnt , et tam visitationes svas svbire cogvntvr , quàm ad synodalia sua concilia per cancellarios acceduxt : in cantabrigiae collegio s. petri , cujus eleensts episcopus est patronus , sede vacante , tàm praefectum quàm socios admittit , et uni scholarium cui gratificare voluerit , vacantsem societatem confert . oxonii , collegiorum omnium animarum , et mertoniensis est patronus , ac in utrisque ordinariam et omnimodam jvrisdictionem exercet . so that he reputed this jurisdiction of visiting the vniversities , a right belonging to the arch-bishops of canterbury , notwithstanding any pretended exemptions , charters or statutes to the contrary , then in being ; or the bulls of pope boniface the 8 , which ioannes cajus : de antiquecantabrig . academiae , p. 71. confesseth to be abolished , by the le●ters patents of k. richard the 2. made to arch-bishop arundel , in the 20. year of his raign , and after confirmed by king henry the fourth , and an act of parliament , in the 13 year of his raign ; as the premises at large demonstrate . 2. i answer , that the objected clause of the act of parliament 25. h. 8. c. 21. extends not at all to the vniversity of oxford , or any colledges in it , as is most evident by the express words of the proviso , which i shal here transcribe . provided always , that the said arch-bishop of canterbury , or any other person or persons , shal have no power or authority , by reason of this act , to visit or vex any monasteries , abbies , priories , colledges , hospitall , houses , or other places religious . which be or were exempt , before the making of this act , any thing in this act to the contrary thereof notwithstanding . but that redress , visitation and confirmation shall be had by the kings highness , his heires and successors , by commission under the great seal , to be directed to such persons as shal be requisite for the same , in such monaster●●s colledges , hospitals , priories , houses and places religious , exempt . so that no visitation nor confirmation shal from henceforth be had or made in , or at any such monasteries , colledges , hospitals , priories , houses and places religious exempt , by the said bishop of rome ; nor by any of his authority , nor by any out of the kings dominions ; nor that any person religious , or other resiant in any the kings dominions , shal from henceforth depart out of the kings dominions , to or for any visitation , congregation , or assembly for religion . but that all such visitations , congregations , and assemblies shal be within the kings dominions . by this it is apparant . first , that this act extends only to such * colledges , is were religious houses , consisting of menks and friors , not to colledges of schollars in the university , as the coupling it with monasteries , abbies , priories , and other places religiovs , and the last clause : nor that any person religiovs , depart out of the kings d●minions , to or for any visitation or assembly for religion , manifests : 2. that it excludes only the arch-bishop of canterbury , his commissaries , and under-officers , formerly mentioned in the body of the act ( the any other person or persons , intended in this clause ) from visiting these exempted colledges and religious houses : and that not simply , but by reason of this act : not the houses of parliament , or any v●sitors of their appointment , 3. it extends only to colledges , not to vniversities , not once named or intended in this law : and a colledg ( especially of monks and religious persons as here ) is one thing , a vniversity another , by the objectors own concession . p. 6. 4. it reacheth only to such colledges and places religious , as were exempt from archiepiscopal and episcopal vis●●ation , at , & before the making of this act ; therefore , not to the universities and colledges of oxford and cambridg , which at and before its making were not exempt , but subject both to the arch-bishops and bishops visitation and jurisdiction , as i have largely proved , 5. such exempt colledges as are within this act , are to be visited , not by the king in person , or such persons as he shall personally nominate , as the objector dreams ( no such words being in this act ) but , by commission under the great seal , to such persons as shal be appointed , and requisite for the same ; & that either by both houses of parliament , or by the keepers of the great seal , who usually nominate and appoint all commissioners of the peace , sewers , oyer and terminer , for visitations , inquiries , and the like , not the king in person . and the present visitors of oxford , being thus appointed by ordinance of both houses , and by commission under the great seal ; are sufficiently authorized to visit the vniversity and colledges in it , admit them places exempt within this proviso , as they are not . 6. admit all that can be ; it is clear , that both h●uses of parliament by this law conferred the power of visiting monasteries , abbies , priories , colledges , hospitals , houses , and other places religious , exempt before this act , from archiepiscopal and ordinary visitation , on the king , his heires and successors ; who could not confer it on themselves . ergo , by the self-same reason , both houses may now by ordinance and commission , lawfully conferre the like power of visiting the university , though formerly exempted , on the visitors now appointed by them ; they being the supream visitors and reformers of all corruptions and abuses , both in church and state , and appointing who shal be visitors , and what person or person shal be visited , and what things inquired of in visitations , in sundry other acts of parliament , as 31. e. 1. rastal 304. 2 h. 5. c. 1. 25. h. 8. c. 21. 26. h. 8. c. 21. 26. h. 8. c. 1. 28. h. 8. c. 10. 31. h. 8. c. 13. 14. 2. e. 6. c. 1. 5. e. 6. c. 3. 1. & 2. phil. & mary , c. 1. 8. 1. eliz. c. 1. 2. 14. eliz. c. 5. 3. i answer , it is true , that the ancient priviledges , liberties and franchises of the respective vniversities of oxford and cambridge , heretofore granted , ratified and confirmed by the queens highness , and her most noble progenitors , for the better increase of learning , and further suppressing of vice , are confirmed by act of parliament , an 13. eliz. rot . 36. which incorporates both vniversities ; but it neither confirmed the popes bulls of exemption , nor gave them any immunity from archiepiscopal or episcopal jurisdiction and visitation , it being no ancient libertie , priviledg , or franchise , ratified or confirmed to them by the queen , or any of her noble progenitors , nor yet once mentioned or intended in the large patent of priviledges , of king henry the 8. bearing date the 10 , of april . in the 14 , year of his r●ign , made and granted to the chancellor , and schollars of oxford , nor in queen elizabeths patent to the chancellor , masters and schollars of the university of cambridge , bearing date the 26 , of april , in the 3 , years of her raign , particularly confirmed by this act. therefore this act makes nothing at all to purpose . 4. the objected commission in 19 , eliz , part . 12. in dors● , pretends no exemption of the vniversity and colledges from archiepiscopoll and episcopall visitation and jurisdiction simply ; the thing not then in question ; neither doth it acknowledg or confirm the vniversities priviledges , and all other exemptions , in the very words of boniface the 8. and acknowledg they had them by prescription &c. as is untruly surmised . but first , it mentions divers priviledges then claimed by the chancellor , doctors and schollars of the vniversity , and some exemptions in causes wholly belonging to the chancellors conusance ; and next it only complains of william wilsons infringing these priviledges and exemptions contrary to his oath , in complaining to the deane of the arches of canterbury , and to arch-bishop grindal , against the bishop of lincoln , and his visitors of lincoln colledg in oxford , for refusing to admit him to the rectorship thereof to which he falsly pretended he was really and lawfully elected and presented ; and for sending inhabitions and citations thence to the bishop and his visitors ( who were members of the vniversity ) to appear in the arches , and with taking the final examination and determination of this election unto themselves , which of right belonged to the chancellor and university . upon which bare suggestion and complaint , the queen granted a commission to two bishops and six others , in a summary way ; without any noise or formal proceedings , according to the truth and meer equity of the cause , by the best and most effectual means they could ; de et super veritate praemissorvm et privilegiorvm et exemptionvm dictae vniversitatis , ac in causa et causis praedictis &c. procedere , et fine debito , omni appellatione et querela nuillitatis , et supplicatione quacunque remotis , terminare ; statutis , canonibus , et consuetudinibus in contrarium editis , litisve pendentibus , in aliquo non obstante . so as this commission doth no ways confirm the priviledges , nor ratifie the exemptions therein claimed by the chancellor and vniversity , by charter , statutes and prescription ; for then it would have remitted this cause of election from the deane of the arches , and arch bishops delegates to the chancellor and vniversity ( to whom by ancient priviledg they alleaged it did belong ) but only refers the examination of the truth of the premises , priviledges , exemptions , and determination of this cause and controversy about this election to certain commissioners , thus summarily to determine , any statutes , canons , customes , or suits depending to the contrary , notwithstanding , and so rather doubts of , and questions the truth of there alleaged vniversity priviledges and exemptions , then confirms them , though procured by the chancellors and universities means , and drawn up by their own directions . but admit this commission ratified and confirmed the priviledges and exemptions claimed in it by the vniversity ; yet the substance of them is no more then this : that * all personal contracts , suits , controversies , and offences of schollars and priviledged persons arising within the precincts of the vniversity ( except maihmes and fellonies ) are to be tried and determined in the vniversity before the chancellor only , not before any arch-bishops , legates , bishops , or ordinary judges , out of the vniversity . will it therefore follow ; therefore the vniversity cannot without multiplied perjury , acknowledg any visitor but the king , and such as are immediately sent by him ; and is totally exempted , not only from all archiepiscopal and episcopal , but likewise from the parliaments , and their delegates visitation ? no doubtless ; the rather , because king charles himself , and his couns●● resolved , that neither this commission , nor * any other charter of priviledges or exemptions , did free the universities from the arch-bishop of canterburies metropolitical visitation , much less then from both houses delegates , authorized by ordinances and commission for to visit it . the 4th . ground and argument urged for the universities exemption from our visitation , is this . * that all visitations of the vniversities ( except in queen maries raign , by cardinal pool , as popes legat ) were held by the respective princes authority , and the persons visiting were immediatly sent by them , only as their representatives , and who ever sate , the king visited ; for which one visitation , by k. henry the 8. another by king edward the 6. a third by queen elizabeths visitors & commissions are cited : therefore the universities are exempt from all other visitors , and those now appointed by both houses , but not immediatly by the king . to this i answer : first , that no king of england before henry the ● , did either in person or by commission visit the universities ; and his once meer visitation of them by commissioners ( if true , since i find no such commission extant after much inquiry ) was no exemption of them , in point of law , from their former visitors , no more then of the particular colledges ( which they likewise visited ) from the visitors designed them by their founders . secondly , king edward the 6. his commission , and commissioners , for their visitation , were made by the advice of the lord protector , and others of his privy councel , ( he being then an infant but of 11. years of age ) & not made nor nominated personally and immediately by himself , as the commissions themselves attest : and for any commission under the great seal of queen eliz. for the vniversities visitation , it is to me a meer non liquet , which i cannot find upon search after it . thirdly , king charl● himself and his counsel resolved upon f●l d●bate● that those royal visitations of his predecessors did not exempt them from the archbishops visitation by his metropolitical right . therefore they can much less priviledg them against the present visitors , commissioned under the great seal and armed with both houses right , from whom our kings derived their power of visitation at first . the 5. and principal plea in point of conscience , most inculcated , is this : * that the heads and members of the vniversity are sworn by their respective statutes , to allow or submit to no visitation , but fr●● those who are nominated by their founder●● therefore they cannot , without multiplied perjury , submit to the present visitors . i answ : first , that this oath obligeth them not as members of the university , but only as fellows of particular colledges or hals : therfore it cannot be pleaded against our visiting the university in general , but such particular colledges only who are obliged by such an oath . secondly , this oath was never made not prescribed with any intention to exempt those particular colledges that take is from the kings or his commissioners visitations , as the objectors ( i presume ) wil grant , not yet from the archbishops , ( which i have formerly proved ) though not appointed visitors by the founders , to both which these colledges have submitted , without any perjury or violation of their oath ; the end whereof was only to exclude all wrongful intrusions of co-ordinate or inferior visitors and persons , upon the founders right , by way of usurpation , not any superior lawful jurisdiction or authority , which the founders had neither power nor right to ab●idg . this is evident in the common case of hospital ; which though bound by oath and sta●utes to admit no other visitors but such as their founders appoint ; yet the ordinaries both by statute , common and canon law , 〈◊〉 and ought to visit them notwithstanding , as is evident by 2 h. 5. c. ● by vertue of their superintendent power . thirdly , this oath is like the oath of homage at the common law , having an implied ●avi●g●● it , as that hath an express : i become your man from this day forwards of life and limb and of earthly worship , and unto you shal be true and faithful , and bear you faith for the tenement that i claim to hold of you ; saving the faith that i ow unto our soveraign lord the king . o● , salva●fide deo & terrae principi . the reason of which saving is , because the king is the soveraign land-lord & paramount the mean-lord . which oath of homage . * walter bishop of exon giving to his tenants in cornwal , nulla facta mentione de homagio & fidelitate domino regidebitis : thereupon one michael de north exhibited an information against , them in 6. e. 〈…〉 to the kings crown , ●i ad damnum & ded●cus ipsius domino regis , and upon the same ground it is , that if a man hold 〈◊〉 ho●●ge of divers lords , he 〈◊〉 say in the end of his homage done savings he faith which i ow to our lord the king ; 〈…〉 other lord● . if a man should make ● solemn vow ( having been overtaken with wine ) never to drink wine more ; 〈◊〉 one addicted to swearing , vow never to swear any more : yet these vows would not extend to exclude him from drinking wine at the lords supper : or taking an oath upon summons or just occasion in any court of justice , or before a lawful magistrate . so if a servant swear , not to bewray his masters secrets ; or a fellow of a colledg , not to discover the secrets of the ho●se , or a grand-ju●or , not to discover his fellows secrets ; yet these oa●●● binde them not when they are called to discover them in a legal way , upon a just cause before a lawful magistrate , upon any action of account , b●ls of discovery or trial ; it being not within the intention of these oaths , nor in the power of those who prescribed them to restrain such legal discoveries , or abridg the superior magistrates power to the obstructing of publick justice : upon which gro●nd , the lords and others of the privy councel heretofore , and this very pa●l●ament in the case of the earl of strafford , when summoned as witness●● , have without pe●jury , or breach of trust discovered their fellow-councellors evil counsel & secret advice to his majesty , contrary to the letter of their oaths . fourthly , it is the apostles express command , col. 3. 20 , 22 , children obey your parents in all things , for this is wel-pleasing unto the lord . servants obey your masters in all things according to the flesh : yet all divines , * canonists , and casuists , resolve : that if parents and masters command one thing ; and kings , magistrates or god himself command another thing ; children and servants in such a case ought rather to obey the magistrates , king and god himself , then either their parents or masters ; notwithstanding these universal precepts of obeying them in all things ; which , have this implyed qu●lification involved in them , to wit , in all lawful things not contrary to the superior just commands of the king , magistrate or god himself , which being the superior powers , ought principally to be obeyed before natural parents and masters . hence is that known resolution of augustine subscribed by * gratian , and all canonists . quiresistit potestati de●●rdinations resistit . sed quid 〈◊〉 iubentur 〈◊〉 quod non , debe●● facere ? hic sanè conte●●● potestate● . 〈…〉 legum grad●s adverte verte : si aliquid ●uss●rit curator , faciendum est ; non tamen s● contra proconsul jubeat . non utique contemnis potestatem sed eligis majori servire ; nec hic debet minor irasci si maior pr●elatus est . rursus , si ipse consul aliquid jubeat , & aliud jubeat imperator ; vel si aliud jubeat imperator , et aliud deus , quid i●dicatis ? maior potestas de●s : da veniam ô imperator : tu carcerem , ille gehen●am mi●atur . hic jam tibi assu●●nd● est ●ides tua tanqu●m scutum , in quo possis om●ia ignea iacula inimici oxtinguere . this resolve of his , wil dissolve the present objection ; that these oaths and statutes of particular colledges , wil exclude all other visitors appointed by an equal or inferior , but not by a superior authority , as the present v●sitors are . fifthly , i find an express president in point . when * cardinal pool by his d●legates v●si●●d the vniversity of cambridg in queen maries days , robert brassy master of kings colledg , ( aworthy old man both for his wisdom and hoar hairs ) hearing his own nam●●ecited next after the vice-chancellors , said . he was there present as all the other were ; neverthelesse for as much as the reformation of his house was wholy reserved to the discretion of the bishop of lincoln , not only by the kings letters pattents , but also by grant of confirmation of the bishop of rome himself , under a penalty , if he should suffer any stranger to intermed●e , he openly pro●essed in discharge of his duty , that ●nlesse their , commission gave them authority and iurisdiction upon , the colledg , either by * expresse words or manifest sense , he utterly exempted himself from being present . this his exception they took all in greas displeasure , alledging , that they were fully authorized for the order of the matter by the cardinal , out of whose iurisdiction no place nor person was exempted : wherefore he had done evil , to cal in question their authority , so wel known to all men . the next day the delegates going to visit this colledg , mr. brassy the master excusing himself , made the same exception to them then he had before . to which the bishop of chester , with a frowning look and angry coun●enance , said ; he needed not to repeat the things he had protested before , nor they to make answer any more to those things wherein they had sufficiently informed him before . he rather feared that their quarrel was not good , that they made such a do about it , and s●ught such starting ●ol●● . for so were diseased persons oft times wont to do , whe● for the pain and grief they are not able to abide a stronger medicine : as though that any ever were able to grant so strong a priviledg , as to withstand the popes authority . as for the popes letters , they must needs make on his side and those that were with him , ( and could not in any wise be alledged against him . therefore he admonished him to desist from his ●nprofitable altercation , and to conform himself and his to such things as were then in doing . whereupon the master and schollers submitted to their visitation , and were at sworn and examined to such interroga●●ries as were propounded them ; but some of them swore conditionally , so as their faith formerly given to the colledg were not impeached thereby ; which submission and president in print , in case of the pope and his legates visitors should induce all these oxonians whom it concerns , in like manner to submit to both houses visitors , ( having express power by ordinance and commission to visit all colledges &c. ) notwithstanding these objected oaths and statutes . having ( as i conceive ) satisfactorily answered all objections against the jurisdiction and power of the oxford visitors , i shal briefly answer some allegations against their persons and proceedings . their exceptions to all their persons in general ( and * that with wonder and just scorn ) is ; that they are their fellow-subjects ; when as for almost 800 years before they have been the care and stri●e of princes . king alured himself visits , an. 806. edw. ● . & rich. 2. descided controversies in the vniversity . the late visitations performed by commissioners , were by the chief nobility of the kingdom ; and his maiesty that now is visited christ church personally , with 8 lord● of the councel . to others of them in particular ; that they 〈◊〉 their own members , who having sworn the observation of their statutes , liberties and customs , cannot appear as iudges over them without a violation of their oaths , nor yet without a manifest opposition of nature , where * part iudg the whole ; and the laws of iustice too , especially if they consider the interests and engagements may often professions of the most active instruments of this work . to the fifth i answer ; first , that if these objections were of moment , they might all be made against all proceedings of justices of ass●● , justices of peace , and juries , at assi●es and sessions ; yea , against magna chart● , and the fundamental laws of the realm , which enact ; that no man shal be condemned or proceeded against , but by the lawfull iudgment of his peers , not of kings and nobles , of his superior● ; and against all proceedings in the university it self , either in congregation , convocation or the vice-chancellors court , where schollars and others are judged and ordered by fellow-subjects , and the whole university , by some particular members of it , without any guilt of perjury or violence offered , either to nature or common justice . 2. i answer , that though the visitors nominated by the houses , are but their fellow-subjects , and neither kings nor nobles , yet many of them are persons of quality and reputation , meet for such an imployment . two of them are dignified with the honorable order of knighthood , by the king himself ; * and one of them formerly in visiting as vicar general to the late arch-bishop of canterbury ( chancellor of the university of oxford ) who thought him worthy to visit the whole province of canterbury , and therefore fit and meet to visit the vniversity . others of them are esqui●es by birth , place , or profession ; others dignified with the highest . titles the vniversitie could bestow upon them , where they have been ancient . governors , and the meanest of them are sufficiently eminent both for piety and learning : therefore , not to be slighted with wonder and just scorn , especially by their equals , or inferiors in all respects , as most in the university are 3. that king alured himself visited the vniversity in person , or any other of our kings after him ; it is untrue ; as for king charles and his nobles visiting of christ church personally , otherwise then by resorting to it , to behold a play , or pastorall heretofore , or to lodg in it in these times of war ; i never heard of it til now : that king alured , edward the 1 , richard the 2 , ( yea henry the 4 , and king charles too ) did themselves decide controversies between the university and others about their priviledges , and concerning the arch-bishops metropoliticall right to visit them , is true ; the distempers of the university requiring it , who would rest satisfied with no meaner parties decision ; yet no● her of them visited it in person or by commission . thirdly in the visitation of the universities by the kings commissions , the visitors named , were not all princes and nobles , as is suggested . there are but two such commissions extant on record ; the one in 2 ed. 6. pars . 3. in dorso , for visiting the university of cambridg ; wherein sir william paget , contributor of the kings houshold , thomas smith the kings secretary , iohn cheek the kings tutor●william mayor doctor of law ; one of the master of requests , and dean of pauls , and thomas w●●die the kings physitian , or any 7. 6. 5. 4. 3. 2. or one of them were the sole visitors , not one of them a peer , much less of the chief nobility . the other in 3 edward 6. pars . 2. for visiting the university of oxford ; wherein iohn earle of warwick , high chamberlain , henry bishop of lincoln , and richard bishop of rochester , william paget , controulor of the houshold , william peter knight , the kings secretary , richard fox the kings almoner and tutor , simon heynes dean of ex●ter , christopher nevense doctor of law , and richard morison . esquire , or any 7. 6. 5. 4. 3. 2. or one of them were nominated visitors ; the meanest of them only doing the work , without any exceptions to their inferior quality . what delegates cardinal ●●ole appointed to visit both vniversities you have heard already ; and that our arch-bishops and bishops have usually appointed as mean persons as any nominated by the parliament , to visit their p●ovi●ces and diocesses is wel known to all . in fine , the visitors now appointed have no absolute definitive power in all things , but are subordinate to the honorable committee of lords and commons for regulating the university , to whom they are to certifie all their proceedings , & to whom there is liberty of appealing granted to any that deem themselves injured : so as this honorable committee , and both houses are in truth , the real visitors , the others but their substitutes . therefore these scorns against their persons ( which must reflect upon the parliaments wisdom and judgment ) might have wel bin spared . as for any of their interests , engagements and professions , i shall beleeve they are all publike and syncere , til the contrary be demonstrated . the next exception is to their proceedings ; * that their power was not manifested by some legal way &c. i answer ; that this is untrue , ●or it was first manifested by a printed ordinanos of both houses , wherein their names and power were comprised . 2. in a publike citation , subscribed by most of them , of which all the university , colledges and halls had legal notice . 3. by an additional ordinance of both houses , and a commission under the great seal of england , of which they had a copy delivered to them upon their own request , by the visitors that sate . the last objection is , * that there is now no necessity nor want of a visitation &c. i answer ; that this is to question the wisdom of both houses , who deem a visitation necessary ; and to prejudge the visitors , who may find more enormities in the persons to be visited , then they can yet discern in themselves , who * are no competent iudges in their own cause . however , if their innocency be such as to evidence to the world , they are not those monsters , that their enemies charactor would speak them ; nor yet are altogether unworthy their education , or their founders magnificance ; as the objector blasons them ; they have then the lesse cause to refuse or decline the visitors test , and wil come off with greater honor to themselves , and shame to their unjust accusers , if they appear such after stricktest s●rutiny , then if they had not at all been brought to such a publike tryal . i have now made good all my positions , and answered all the universities allegations in point of law or conscience against their present visitors jurisdiction ; not out of any design to diminish or infringe the universities just priviledges ( which i have been formerly sworn to maintain ) in the least title , but out of a real affection to the universityes welfare , and a desire to rectifie the erronious judgments , and satisfy the scrupelous consciences of all present opposers of the visitors power , to prevent those tragicall effects which their obstinacy and contumacy in this high contest are like inevitably to produce , to their own and the vniversities prejudice , if persisted in . i shal ever endeavour to my power , that the university may enjoy all her just rights and priviledges , with subordination to both houses superior authority , and flourish more abundantly now then ever in piety , vertue , and all sorts of learning , which they cannot take unkindly at my hands . i shal only add : that as the vniversity of cambridg submitted to the ordinance of both houses of parliament , made for its regulation , dated 22. jan. 1643. which enabled the honorable ea●le of manchester alone , to appoint a committee under him , who should have full power to call before them all provosts , masters and fellows of colledges , students and members of that vniversity , who were scandalous in their lives , or ill affected to the parliament , or fomentors of these unnatural wars , or wilful refusers to obey the ordinances of parliament , or deserters of their places of residence and to send for witnesses , and examine any complaint or testimony against them upon oath , and to certify their names with the charge and proofs against them to the said earle , who had power thereby given him to sequester and elect them . and put others in their places ; which he accordingly executed without any such publike opposition as we now find at oxford : so i hope the vniversity of oxford wil receive so good satisfaction of their scruples , from the premises , as shal enduce them to a like submission to their present visitors , authorized by both houses ordinances , and a commission under the great seal , without any further plea or demurrer , or else leave them without excuse to both houses severest justice , for their wilful contempt of their soveraign power , against which they have publikely ( in words ) disavowed the least opposi●ion or dispute , and yet strenuously oppose it in reallity , by this contest against their visitors , upon meer groundles pretences so frequently over-ruled against them heretofore , that it can be b●t meer obstinacy in them to insist upon them any longer now . the statutes of 9. h. 5. c. 8. 1. h. 6. c. 3. 2. h. 6. c. 8. 14. h. 8. c. 2. 5. 21. h. c. ●6 . 1. e. 6. c. 14. 7. e. 6. c. 5. 1. phil. & mar. c. 3. 1. & 2. phil. & mar , c. 7. 8. 2. & 3. phil. & mar. c. 15. 1. el. c. 4. 5. el. c. 8. 13. el. c. 10. 12. 18. el. c. 6. 20. 3. iac. c. 4. make mention of the vniversities , and give them some priviledges , but no exemption from visitations , and prescribe laws unto them . errata . p. 18. l. 9. read facturusque p. 20. l. 10 they were p. 23. l. 12. ordinationi l. 31. pradictarum p. 25. l. 13. factis p. 31. l. 5. academiae l. 38. university p. 38. l. 4. primitus . p. 40. l. 17. quos p. 27. l. 3 in the margin , episo . p. 31. l. 18. 1407. finis . notes, typically marginal, from the original text notes for div a56225e-440 a the sovereign power of parliaments and kingdomes , part 1 , 2. and the appendix at the end of the fourth part . a about anno 1300. b anno 1475. c tiguri 1589. a godwin's catalog●e of bishops , p. 241 242. who likewise recites this controversie . b londini 1572. c godwins catalog●e o● bishops , p. 242. d catalogue of bishops , p 95 , 245. godwin's catalogue of bishops , p. 246. * pag. 5 , 6. * ex memorand . phillip repingdon , epist. lincol . f. 196. f note this , the very first plea of our oxonians now . g the same with the oxenians second plea , in words and substance . n i doubt these pr●●ended bu●s were mcc● forgeries and bais indeed . o the xouians third plea in words and substance . p this was direct perjury , since archbishop arunde● visited that university , & all colledges in it an. 1477 not 30. yeers before , p. 3. 54. &c. p the oxonians fourth plea in substance and words . q alledged by the oxonians too . i the oxonians argument too . * there is no such commission to be found . k this commission is extant . m there is no such commission extant in the rols . * pag. 7. * speed's history , p. 1066 , 1085 , &c. * p. 9 , 10 , 11 , 21 , 36 , 38. object . the unversities priviledge , p 2 , 3. answ. * godwins catalogue of bishops , p. 404. * spelman concil. tom. 1. p. 631. to 635. ioan. s●ldeni no●ae ad eadmerum p. 165. * actio personalis moritur cum persona . object . 2. object . 3. * page 2. 3. 4. answer . * see speeds catalogue of religious houses , colledges and hospitals . * see the charter of 36 e , 3 , pars . 1 , mem. 5 rot , claus. 9. r. 2 & 15 r 2 mem 17. in tur. london . to this effect , & p 41 * here p 36 object . 4. * page . 4. answer . object 5. * page 6. answ. littleton l. 2. chap. 1● co●ks 1 instit , f. 65 〈…〉 * see gratian caus. 11 , qu. 3 * caus. 11. q. 3 * fox acts and monuments vol. 3. p. 765 , 766. * our ordinances and c●mmissions do so in express words . obiect . 6. * page 4 , 5. * do not the king and parliament , let parts judg the whole ? answer . * sir natha . brent . object . 7. * page . 5. answer . objection . * page . 6. answer . * unusquisque sui ipsius iniquus iudex . a vindication of foure serious questions of grand importance, concerning excommunication and suspention from the sacrament of the lords supper, from some misprisions and unjust exceptions lately taken against them; both in the pulpit, by a reverend brother of scotland, in a sermon at margarets church in westminster, before the honourable house of commons, at a publike fast there held for scotland, on the 5th of september last: and in the presse, by three new-printed pamphlets, by way of answer to, and censure of them. wherein some scripture texts, (commonly reproduced for excommunication, and bare suspention from the lords supper onely,) are cleared from false glosses, inferences, conclusions wrested from them; ... / by william prynne of lincolns inne, esquire. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91314 of text r212424 in the english short title catalog (thomason e265_5). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 258 kb of xml-encoded text transcribed from 36 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91314 wing p4124 thomason e265_5 estc r212424 99871048 99871048 123446 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91314) transcribed from: (early english books online ; image set 123446) images scanned from microfilm: (thomason tracts ; 44:e265[5]) a vindication of foure serious questions of grand importance, concerning excommunication and suspention from the sacrament of the lords supper, from some misprisions and unjust exceptions lately taken against them; both in the pulpit, by a reverend brother of scotland, in a sermon at margarets church in westminster, before the honourable house of commons, at a publike fast there held for scotland, on the 5th of september last: and in the presse, by three new-printed pamphlets, by way of answer to, and censure of them. wherein some scripture texts, (commonly reproduced for excommunication, and bare suspention from the lords supper onely,) are cleared from false glosses, inferences, conclusions wrested from them; ... / by william prynne of lincolns inne, esquire. prynne, william, 1600-1669. [10], 60 p. printed for john macock, for michael spark senior., london, : 1645. annotation on thomason copy: "octob: 3d". reproduction of the original in the british library. eng lord's supper -church of scotland -early works to 1800. excommunication -early works to 1800. a91314 r212424 (thomason e265_5). civilwar no a vindication of foure serious questions of grand importance,: concerning excommunication and suspention from the sacrament of the lords su prynne, william 1645 45679 1210 15 0 0 0 0 268 f the rate of 268 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-02 apex covantage keyed and coded from proquest page images 2007-03 emma (leeson) huber sampled and proofread 2007-03 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a vindication of foure serious qvestions of grand importance , concerning excommunication , and suspention from the sacrament of the lords supper , from some misprisions and unjust exceptions lately taken against them ; both in the pulpit , by a reverend brother of scotland , in a sermon at margarets church in westminster , before the honourable house of commons , at a publike fast there held for scotland , on the 5th of september last : and in the presse , by three new-printed pamphlets , by way of answer to , and censure of them . wherein some scripture texts , ( commonly produced for excommunication , and bare suspention from the lords supper onely , ) are cleared from false glosses , inferences , conclusions wrested from them ; the grounds of sole suspention from the sacrament , of unmixt communions , independency , seperation from our churches , sacraments , examined , refuted , subverted ; judas his reception of the lords supper , cleared ; it manifested , to be a converting , as well as a confirming ordinance ; a means to beget , as well as increase grace : with other particulars tending to the advancement of verity , vnity , and the better , speedier settlement of a church-discipline , according to gods word , so much desired . by william prynne of lincolns inne , esquire . 1 thess. 5. 21 , 22. prove all things : hold fast that which is good : abstaine from all appearance of evill . augustin . epist. concilii ad donatistas : & gratian caus. 1. qu. 1. communio malorum non maculat quemquam participatione sacramentorum , sed consentione factorum . london , printed by john macock , for michael spark senior . 1645. to the truely honourable and victorious sir thomas fa●rfax knight , generall of all the forces raised , by the parliament , against the popish and malignant party . most meritoriously honourable , the many late glorious trophies and vnparalel'd successes , wherewith the lord of hosts hath been graciously pleased to crowne your cordiall military vndertakings , to the admiration of all your friends , the astonishment , confusion of all the publike malignant enemies of our churches , kingdomes tranquility ; as they have engaged the parliament , ( with all parts of the realme under their command ) to return publike solemn prayses unto god , for sundry successive victories , over puissant armies in the field , and conquests of divers strong-holds , atcheived by your indefatigable industry , incomparable valour , through gods blessing on them : so it hath specially obliged me , as to render particular thankesgiving unto god , so to tender some small apparent monument of my obligations and gratitude to your selfe , whom god hath highly honoured to all posterity , in making you an happy instrument of redeeming my native country ( sommersetshire ) with the adjacent counties , out of the devouring jawes of the oppressing enemy , and of reviving , recovering our lost dying kingdome even at its lowest ebbe , in a time of greatest need , with so great celerity , so little effusion of english blood on either side ; which i knew not , for the present , how more visibly to expresse , then by presenting your honour with this briefe p●lemicall vindication , in defect of a richer present . it was my great undemerited happinesse , and your generous humility ( at your first arivall in london from the north , to undertake the chiefe command of the parliaments forces ) to stoop so far below your selfe , as to honour me with your voluntary sweet acquaintance and discourse ; which emboldens me to crave this further favour , to dignifie this rude vindication , with your noble acceptation , of so small unpolished a piece ; whose subject matter ( church discipline ) is of so great concernment , that the settlement thereof according to gods word , and the purest times ▪ is one principle end of your and our taking up defensive armes . i shall not be so injurious to the state or you , to interrupt your weighty military affaires , or retard your admirable expeditions with my unseasonable lines . i shall rather become a dayly orator to the lord of hosts , so far to multiply the weekely catalogues of your sucessefull conquests , that you may ere long return to the great counsell and metropolis of our realme in a triumphant chariot , with this honourable victorious motto , engraven in golden characters on your helmet ; this is the generall whom the lord hath honoured to be , next under him , the speedy finisher of our long protracted civil wars ; and happy restorer of our long-desired peace : which is and shall be the prayer of your honours most devoted friend and servant william prynne . to the unprejudiced reader . christian reader : having privately communicated foure short questions concerning excommunication and suspension from the sacrament of the lords supper , to some of my parliament friends , out of a meer cordiall desire to expedite the setling of an ecclesiasticall discipline in our church , according to gods word ; so much desired , and now in agitation in the commons house : i have for this good service ( these questions since growing publike ) been openly censured , traduced both in presse and pulpit , and these my queries have been seemingly refuted , by some well ▪ meaning persons , whose affections are stronger then their arg●me●ts , and misguided zeale more predominant then their knowledge , in the points debated by them , wherein they betray their own ignorance and error , whiles they would censure mine . the first answer to these questions , intituled , an antidote against four dangerous queries ; is such a combination of ignorance , errours , misprisions , and impertinent invectives , as merits rather derision then refutation , and hath been already sufficiently triumphed over in the antidote animadverted ; so as it needs another antidote to preserve it from sodain expiration . the second answer to them , stiled a brotherly and friendly censure ; as it courts my person in the title and epistle with friendly complements , so it wounds and traduces my honest intentions , but in no sort answers my questions ; the censure it self , being the same in substance with the antidote , and as full of grosse errours , mistakes , and injudicious weak replies , as it . the third answer , as it is more large , so more judicious then the other two , and thwarts them both in some particulars , as in that of judas his receiving the lords supper ; and , that ministers , as such , have no authority to keep back any from the sacrament , but have discharged their duties by their premonitions of the danger of unworthy receiving . i have not here answered each of them distinctly ▪ but only taken the quintessence and substance of them all into examination , debating only the most materiall differences between us , and bringing their false mettals to the test of scripture and sound reason ; omitting all their impertinencies , and things of lesser moment , as not deserving any reply . my subitane lucubrations in vindication of these questions from all their misprisions and erronious censures , i here humbly submit to the parliaments publike , and thy private impartiall scr●tinie ; in perusing whereof , i shall only request thee to pursue the apostles canon , a to examine all things by the word , and to hold fast that which is good and true . for my part b i can do nothing against , but for the truth : and though some report c i am their enemy ( yea an enemy to publike reformation ) because i tell them the truth , in these controversal points of church-discipline , in which they have little insight ; yet neither their calumnies on the one hand , nor flatteries on the other , shall ever sway me one hairs-breadth from the truth , either to the right hand , or the left . and although i certainly know , the speaking out of the whole truth in this present controversie will render me odious and distastefull to many of my dear christian friends and brethren in the lord , and draw sharp censures on me : yet because d i was for this cause born & brought into the world , that i might beare witnesse to the truth ; i neither waigh their favours , nor regard their frownes , being resolved whiles i breath on earth , neither for feare , favour , partiality , nor any private interest or relation whatsoever , to do any thing against the truth , but only for it , whatsoever the issue or event thereof shall prove ; be it , veritas odium parit ; or vncharitable constructions , or wresting of my writings point-blank to their sincere intentions , whereof i have had experience in this controversie , especially in two particulars , which i cannot pretermit in silence without some reply thereto . first my antagonists publikely charge me , that i speak untowardly , to the great offence of godly people , against all christs ministers and ecclesiastical rulers , in this conditionall clause , [ if it fall into indiscreet , over-severe , ambitious , passionate , or revengefull hands ] in which i suppose , that ordinarily the hands of ministers & elders of christs church are such , and therfore they ought not to be trusted with such power of suspension and excommunication ; or else that i suppose , some of them may act with such hands , and therefore that all of that calling are to be abridged of that power . to which i answer , that no such uncharitable incoherent inference can any way follow from this clause ; the whole scope of my questions diametrally contradicting it , which tend only to an orderly regular settlement of presbyteriall power in the originall institution of our new presbyteries , not to take from them all ecclesiasticall jurisdiction due by divine right to them , but to confine it within certain definite limits , to prevent all exorbitant abuses of it , into whose hands soever it should fall . there is no man so unskilfull in politicks , but will acknowledge , it is the duty and ought to be the speciall care of lawgivers , in the creation of new iurisdictions , and promulgation of new lawes , to look , not only to present , but future inconveniences which may possibly spring up in after-ages ; and to consider , not what some , or most men are which shall execute such lawes or iurisdictions at present , but what any of them may possibly prove to be in after-times , and thereupon to prescribe set bounds to all alike , and leave nothing meerly arbitrary to any , how good or just soever , to prevent all possible , all probable abuses by any intrusted with such lawes and iurisdictions . and there are none so ignorant of the present condition of our english church & ministery , but must acknowledge , 1. that many of our godly ministers and people are very passionate , indiscreet , and over-rigorous ; having more zeale , then knowledge , or discretion how to manage such a power . 2. that the best and justest men we can select to constitute presbyteries of , if left at large , to an arbitrary kind of proceeding , and not bounded by strict or punctuall lawes and penalties , will be very apt now and then ( through naturall infirmities , and the remainder of corruptions in them ) to abuse or exceed their power , and run into extravagancies to the oppression of the people , of which we have divers experiments in many counties , if the complaints against their committees may be credited , as many of them are too true . 3. that though there be sufficient choice of prudent , discreet , learned , conscientions , upright ministers and christians in and about london , fit to be united into presbyteries , classes , and trusted with ecclesiasticall censures ; yet in most places else throughout our three kingdomes ( except here and there a city or country town ) there are very few , if any such ministers or lay-elders to be found for the present , and none can certainly determine when or where to provide or cull out such for the future . 4. that , let the parliament make the best present choice they can of ministers and lay-elders to execute ecclesiasticall discipline , yet there may and will be a judas among the twelve apostles , at least one or more indiscreet , passionate , ambitious , or spleenatick persons , who upon occasion offered wil be apt to abuse or exceed their power , to the prejudice of others . 5. that into whose hands soever this power shall be put for the present , yet there is not only a meer possibility , but probability too , ( especially if the episcopall or malignant party should at any time prevaile ) that it may hereafter fall into unjust , tyrannicall , oppressing hands , out of which it will hardly be wrested again . 6. that since we intend to settle the self-same ecclesiasticall government and discipline in all three kingdomes , at leastwise throughout our english territories ; there ought to be the self-same rules , bounds , and limits prescribed unto all presbyteries and classes , to regulate their proceedings by , and prevent exorbitances in every of them ; and none of them left more arbitrary then others , lest their proceedings should vary from others . these undeniable principles were the grounds of my supposition so much excepted against , if it fall into indiscreet , over-severe , passionate , or revengefull hands : yea , the true reason why the parliament takes so much deliberation and advice in setling of the intended presbyteriall church-government and discipline , in which more difficulties arise then ordinary capacities are able to apprehend . wherefore for any to inferre from thence , as my antagonists do , that the hands of all the elders and ministers of christs church , are such , and therefore ought not to be trusted with the power of church-censures ; or that all of them are to be abridged of this power , because some of them are such ; is such a malicious and uncharitable perverting both of my words and meaning , as nought but prejudice or malice it selfe could invent . the second charge is of the same strain ; that th●se queries charg● the reverend assembly very unjustly , with falling into extremes ; with affecting a greater lording power over the consciences and priviledges of their christian brethren , then of right belongs unto them . that they , and our new presbyters will proceed as in the papacy and prelacy ; with indiscreet , over-severe , passionate , revengefull hands , &c. whereas they desire nothing but a strict discipline according to the rules of christ , &c. and that they cast many such unjust aspersions upon the assembly . certainly there is not one syllable in these 4 questions from whence any such malignant accusation can be strained : and my former writings to vindicate the reverend assembly ( whom i love and honour with my soule ) from the libellous , venomous , intolerable aspersions cast upon them , in many late seditious schismaticall printed libels , ( published by anabaptists and other sectaries , to defame them , and vilifie all their proceedings ; ) with the grounds in the preceding answer ( which occasioned all the passages unjustly wrested by these uncharitable answerers , to warrant this false charge ) will ( i hope ) sufficiently purge me from these scandalous accusations , and all misinterpretations of my queries , or this vindication of them ; the scope of both being only this , to reduce the power of ministers and presbyteries , in the originall erection of their ecclesiasticall iurisdiction , ( now in agitation in the parliament , ) to as great a conformity to the word of god , and as punctuall certainty in all particulars as possible may be ; and to settle it with such necessary cautions & limitations as may prevent all abuses of it , into whose hands soever it shall be committed either for the present , or in future ages : since a smal error , or admission of a meer arbitrary power in som things in the beginning of this new government , may soon degenerate into a grand inconvenience and grievance in conclusion , which is easier prevented then redressed . thus having fully cleared the sincerity of my own intentions , against these scandalous inferences , i have onely this to adde in the parliaments behalfe ; that the settlement of church-discipline being a matter of great difficulty and concernment , wherein many new doubts and scruples daily arise , requiring much debate , they cannot be justly blamed ( in the middest of their other pressing publike occasions to preserve our kingdomes , themselves and us from eminent ruine ) for proceeding deliberately in this weighty work , which hath taken upthe assembly themselves so many moneths debate , and wherein there are such differences of opinions . many there are , who deny any excommunication at all to be of divine institution , producing sundry strong arguments to justifie their opinions , and answering all objections to the contrary : in maintenance of which opinion , tho. erastus ( a learned physitian ) long since wrote a large volume in latine , intituled , explicatio gravissimae quaestionis de excommunicatione printed an. 1589. who is seconded by many learned men . others , who admit excommunication to be introduced , and exercised in the apostles times , and somwhat after ; yet hold it to be but a temporary ordinance , taken up by christians out of meer necessity , for want of christian magistrates to restrain and punish scandalous sinners ; and altogether uselesse , or seldome or never to be put in execution in such places , churches , where christian magistrates are setled , whose office and duty it is , to punish all obstinate , impenitent , scandalous sinners , with the temporall sword of justice , and to cut off all evil doers from the city of god , psal. 101. 4 , 5 , 6 , 7 , 8. rom. 13. 3 , 4 , 5. without whose assistance church censures will become altogether uselesse , invalid , & contemptible : whence the church hath always been inforced to pray in aid from the secular arme , and civil magistrate , by writs de excommunicato capiendo , and the like , to force obedience and submission to her censures , which else would prove meer bruta fulmina . others , who admit of excommunication , deny suspension from the sacrament of the lords supper , as no divine step or degree to it , nor to be inflicted upon any but persons actually excommunicated from all other ordinances . others who plead most for excommunication and suspention from the lords supper , are yet divided into these circumstances which concern them . 1. who shall inflict those censures ? whether the ministers only ? or the presbytery and classis only ? or the whole congregation ? 2. for what sins and offences ? which is now the grand doubt and debate : whether for incest , and heresie onely , for which they pretend examples of excommunication in scripture ; or for any other sins , for which we finde no pattern of any excommunication or suspension in the word ? 3. in what manner , and by what steps and degrees the presbytery or classis ought to proceed in inflicting these censures ? what remedy shall be given by way of appeal , to the parties grieved ? and , to whom they shall appeal ? 4. how , and by whom such who contemn those censures shall be proceeded against ? how long those censures shall continue , and how and when reversed ? 5. whether excommunicated persons ought to be admitted to hear the word , or to any other ordinance ? and in what sort ; with what publike badges of infamy and distinction , the more to shame themselves , and deter others ? all these , with sundry other difficult controversies arising in the settlement of church-discipline ( in which the very assembly-men are divided in opinion , as well as the members of parliament ) it must needs require much debate and deliberation to settle church-discipline in a due and solid manner . it is a received maxime , approved by prudent men , and god himself ; diu deliberandum quod semel statuendum ; we must deliberate long of that which is to be setled but once . we know that the materiall temple of solomon was neere * twenty yeares in building ▪ though david , solomon , with all the princes and people most cheerfully contributed their best assistance toward it ; and yet it was after * far●onger in re-edifying : and can we then imagine the spiritual temple and church-goverment should be compleatly finished and built up by the parliament in a moneth or two ? how many yeares , i pray you , have our independent brethren been in hammering and compleating their new church-model , long since promised , and yet are not agreed on it , or else afraid , to publish it , lest all should discern its manifold flawes ? ignorant men , altogether unacquainted with the numerous difficultes , intricate disputes which accompany this subject , may deem it an easie busines , soon dispatched : but persons of better judgements , acquainted with the severall controversies in point of divinity and civil policie , which arise about church-discipline , will find it an herculean labour , and a work of time to establish it so , as to answer expectation , satisfie all objections , and stop the mouths of all opposers , which must first be done , or else it will not be imbraced with such alacrity as is fit . wherefore be perswaded to wait a while longer on the parliament for the accomplishment of our longing desires in the setling of church discipline , and pray earnestly to god to steere their hearts and judgements aright in this work of highest concernment to us ; for fear they should now settle any thing in haste , which they and we may hereafter repent of by leisure . with which friendly advice i shall dismisse thee to the perusall of this vindication , which i humbly tender to thy christian acceptation . farewell . a short vindication of foure serious questions of grand importance concerning excommunication and suspension from the sacrament , from some misprisions and exceptions taken against them , both in the presse and pulpit . there is nothing so sincerely intended , so well performed , but is lyable to some mis-interpretations or exceptions in this criticall age , by men of contrary opinions . this hath been the hard fate of these four questions . first , the author of them hath been publikely taxed in print , as an enemy to reformation , and oft stiled a the adversary ( of it , ) when as god who b knowes his heart , and those men who are acquainted with his person and intentions , will acquit him from this calumny , and know him to be as great , as cordiall an advancer of reformation , as any of his accusers . secondly , these foure questions have been conceived and reported to be , a grand obstruction to the work of reformation and settlement of church-discipline , yea purposely published to obstruct it : when as intentionally and really they doe ( by moderating irreconcilable extreames ) tend onely to facilitate and expedite this much desired work ; which he cordially desired might be speedily accomplished , to prevent the dangerous encrease of errours and scismes , which multiply daily in our church . thirdly , they are apprehended to strike at the very root of excommunication , and absolutely to deny it , in case of grosse and scandalous sinnes ; when as it onely tends to remove those sandy foundations whereon some would build it , to prevent and regulate all probable abuses of it in its originall establishment , and confine it to its due bounds , to prevent , as farre as possible might be , al just scandall and prophanation of holy things in the people , and arbitrary government , tyranny , oppression , and lording it over gods ordinances , heritage and mens consciences , in the ministers and presbitery , as the expresse words thereof demonstrate . fourthly , it is conceived , that their principall end was , to deprive presbyteri●s of their due jurisdiction , conferred on them by divine right , when as there is not one sillable in them to that purpose , but onely to regulate their power by gods word , & to controle the arbitrary , tyrannicall usurpations of some ind●pendent ministers , who take upon them an exorbitant jurisdiction , not onely to exclude whom themselves please from the sacrament , without any legall admonition or conviction of ignorance or scandall , but likewise refuse publikely to administer the lords supper to their congregations or parishoners for sundry moneths , nay yeers together , ( yea , to those , against whom they have no just exceptions , and who tender themselves to their examination , desiring to be excluded , if found ignorant or unworthy ) for feare of delivering it to some , whom they ( before conviction ) deeme scandalous or unworthy , as they pretend ; or rather , in good truth , only because they will not joine with them in their new independent ways and covenants . fifthly , it hath been suggested , that it layes a tax ●pon our ministers and intended presbyteries , as if they desired ▪ papall & tyrannicall authoriy over mens consciences ; when as it tends onely to prevent such papall , episcopall abuses of excommunications and su●pensions , which may possibly creep into them by degrees , if not carefully provided against in the originall settlement of their authority , by strict and punctuall lawes ; there being no authority so good , so necessary in church or state , but by reason of their corruptions who manage it , may be abused to tyranny and oppression : ( especially , if not bounded ) and we find by histo●y and experience , that these church censures have bin as grosly abused , as tyrannically managed by rigid anabaptists and seperatists , as popes & prelats , & po●sibly may be so by presbyteries . these prejudices and mis-apprehensions being removed , i shall next proceed to the exceptions against the substance or subject matter of them , wherein to avoyd mistakes , be pleased to observe : first , that it is confessed , yea agreed by the opposites , that excommunication or suspension from the sacrament , is a matter of grand concernment , fit now to be established with as much deliberarion , caution , circumspection and care as possible may be , to prevent prophanation , scandall on the one hand , and arbitrary , papall , tyrannicall domineering over mens consciences , christian liberties , & all abuses of this power , on the other hand ; and that it is a matter of very great difficulty thus to settle it ; & it is as readily yeelded on the other side , that grosse notorious , scandalous , obstinate sinners , who presumptuously persevere in their iniquities after private and publike admonitions , without remorse of conscience or amendment , may be justly excommunicated from the church , the society of the faithfull , and all publike ordinances , after due proofe , and legall conviction of their scandalous lives ; and that 1 cor. 5. 13. warrants thus much , notwithstanding the various readings and interpretations of that text : so that thus farre there is no dissent on either part . secondly , it is accorded on both sides , ( in words at least , though not in practice ) that no minister may 〈◊〉 can in point of power or conscience , refuse to admini●●er the sacrament to any member of his church , not actually excommunicated after sundry admonitions and publike reprehensions for some grosse scandalous crime , who earnestly desires to receive it , in case he publikely professeth his sincere repentance for his sinnes past , and promise amendment of life for time to come , though the ●inister or presbytery in their owne private opinions , may have a hard prejudicate opinion of his unfitnesse , or unworthinesse to receive it . these agreements on both sides premised , which will in a manner determine the greatest controversie , and rectifie the mistakes between us ; i proceed to the matters in difference ; which are these : first , whether there he any precept or president in scripture , for the suspending of any member of a particular church or congregation , from the sacrament of the lords supper only , who is not at the same time excommunicated and utterly sequestred from the church , the society of the faithfull , and all other publike ordinances there used , as prayer , preaching , fasting , catechizing , singing of psalmes , and the like ? and whether the d texts of the old or new testament , quoted in the first question , and in the margin here , warrant any such partiall excommunication or suspension from the lords table , but not from preaching the word , and other publike ordinances ? this i positively deny , from the pregnancy and words of these texts of scripture , backed by the judgement and practice of antiquity in the purest times , as i shall prove at large anon : neither hath the author of the antidote against four dangerous questions ▪ nor the reverend preacher in his sermon at st. margarets before the commons house ( who undertook to refute them ) produced one dram of scripture or solid reason to refute it , the latter not so much as taking notice of this question ( the onely thing there controverted ) but utterly mistaking it , whiles he charged the questionist with mistakes . secondly , whether matth. 18. 16 , 17. if thy brother trespasse against thee , &c. tell it to the church , &c. be properly meant of excommunication of suspension from the sacrament ? the opposites affirme ; i deny it . the only reason they have rendred in presse or pulpit , why this text should and must be intended of a sentence of excommunication given by the church , is , because the text saith , let him be to thee as an heathen man and a publican ▪ that is , as one quite cast out of the church , which must be only by excomunication , whereby men are cast out of it ; no private christian ( as they affirme ) having any authority to esteem his brother , as a heathen and publican , if the church hath not first cast him out ; for then he may esteem one man of the congregation thus , and after that another , and so all the membets of it , and at last , the whole church by degrees , by his owne authority ; which to doe , say they , is a great absurdity , sinne and inconvenience : but this reason ( under correction ) is very infirme , inconcludent , if not false and absurd : for first , heathens were no excommunicate persons , being never members of the jewish or christian church , and therefore uncapable of any excomunication out of it : excomunication being peculiar only to church-members , as st. paul expresly determines , 1 cor. 5 ▪ 10 , 11 , 12. and aretius in his definition of excomunication , cited in the first question : and as for publicans , if they were not heathens but jews ( as e some of them were ) we never find them excommunicated from any of gods ordinan●es , as they were publicans , but partakers of them ; to make then an excommunicate person , and an heathen , a publican , synonimaes , is at best an incongruity , if not a contradictiō . secōdly , the genuine sense of this expression ( not elswhere used in scripture , and f no forme at all of any excomuni●ation practised by the jewes ) let him be to thee a heathen and a publican , in the judgment of the best interpreters , is no more but this ; keepe not any familiar company , or have no civill fellowship with him , but avoyd his company and fellowship , as paul expresly interprets it elswhere , 1 cor. 5. 10 , 11 , 12. 2 thes. 3. 14. eph. 5. 11. rom. 16. 17. or receive him not into thy house , neither bid him god speed , as st. john renders it , 2 john 10. which phrase was derived from the practice of the jewes and pharises in that age , who shunned the very company of heathens and publicans ; not in publike ordinances or sacraments ( in which heathens certainly had no communion or society with them , being no members of their church ) but only in civill conversation ; whereupon they taxed christ , for keeping compauy with publicans and sinners , mat. 9. 10 , 11. ch. 11. 19. ch. 21. 31. 32. mark 2. 15 , 16. luke 18. 11 , 12 , 13. ch. 15. 1 , 2. though some of them beleevee on , and received him , when the scribes and pharises ( who disdained their company ) did reject him , luke 7. 29. ch. 15. 2 , 2 , 3. ch. 19. 2. to 12. mat. 21. 31 , 32. and as the jewes then avoyded all civill familiar society with publicans g whom they generally hated for their covetousnesse and extortion ) so also with heathens , with whom they might not inter marry nor familiarly converse , deut. 7. 2 , 4. josh. 24. 12 , 13 , neh. 13. 27. to 31. ezr. ch. 9. & 10. ps. 116. 34 , 35. act. 21. 28 , 29. whence we read , the jewes had no dealing or conversation with the samaritans , john 4 ▪ 9 nor they with the jewes , luke 9. 52 , 53. if then , let him be to thee as a heathen and a publican , be no more then , keep not civill company , fellowship , or familiar conversation with him , who obstinately trespasseth against thee , after private admonition and publike complaint ; or avoid intimate familiarity with him ; then every christian hath free power by gods word to do this , without any danger of sin or scandall , before any private or publike censure of excommuncation passed against him by the church , as is cleer by 1 cor. 5. 9. 11. 2 thes. 3. 14. rom. 16. 17. pro. 22. 24 , 25. ps. 101. 4 , 5 , 7. 2 tim. 3. 2 , 3 , 4 , 5. 2 john 10. 11. therefore by the self-same reason may he avoid the company of any other brother , or the members of an whole particular congregation severally , without sin or guilt , if he or they continue impenitent , in the case of private injuries or trespasses against him after admonition ; wherefore this answer of theirs is both erronious and impertinent . now that this text of matthew ( so mvch insisted on ) is not meant of excommunication or church-censures ; and that the h church in this text was not any ecclesiastical consistory , but only the i sa●hedrim , or court of civil justice among the jews ( commonly called the councel in other texts ) is apparent to me for these ensuing reasons , never yet answerd by the opposites . first , because it speaks not at all of any publike scandalous sin against the church or congregation , the proper object of church-censurs , but onely of pr●vate civill trespasses betweene man and man , as is evident by the words , if thy brother trespasse against thee , goe and tell him his fault between him and thee , &c. which saint luke relating without any die ecclesi● , luke 17. 3 , 4. puts out of question , if compared with gen. 52. 31. 1 sam. 25. 28. now the puni●hment of such trespasses belonged properly to their temporall magistrates , not to their ecclesiasticall consistory , as the 1 sam. 2. 29. deut. 10. 16 , 18 , 19 , 20. ch. 25. 1 , 2. 2 chron. 19. 9. 6. exod. 21. 6. 22. chap. 22. 8 , 9. prove : secondly , because the following words , ver. 16. if he refuse to heare thee , take with the● one or two more , that in the mouth of two or three witnesses every word may be established ; relate onely to the manner of trying civill capitall crimes , ( as murthers and the like ) before the civill magistrates of the jewes , which was by two or three witnesses , num. 25. 30. deut. 17. 6 , 7. chap. 19. 5 , 6. not to any proceedings in ecclesiastical causes , in their ecclesiastical cōsistories , of which we find no president . thirdly , because tell it to the church , the assembly , or congregation , in the 17. verse , is not meant of any presbyteritall or ecclesiasticall classis , which had cognizance of private trespasses , there being no such among the jewes , but only of the * civill court of justice , which the scripture commonly cals the councell , which had power ( which no meer ecclesiasticall consistory can doe ) to scourge , imprison ▪ torture and outlaw offenders , if not to condemn● , put to death , but not properly to excommunicate them , matth. 5. 22. chap. 10. 17. c. 5. 26 , 27 , 59. 60. chap. 27. 1 , 2. marke 13. 9. acts 4. 3. to 22. chap. 5. 17. to 40. chap. 6. 12 , 13 , 14 , 15. chap. 25. 15. to 29. chap. 24. 20. fourthly , because he addes , if he will not heare the church , what then ? not , let the church excommunicate or suspend him from the sacrament , or put him out of the sinagogue , or cast him out from them , or deliver him to satan , or denounce an anathema maranatha against him , or cut him off from his people ( the onely phrases in other texts alleaged for proof of excommunication ) but , l●t him be as an heathen man and a p●blican ( a phrase never used elswhere in scripture ; ) which cannot properly signifie excommunication , because heathen men being never members of the church , could never be excommunicated or cast out of it , being un capable of such a censure : as for publicans those of them who were members of the jewes church , though they were execrable to the jewes , by reason of the●r tax-gathering and oppressions , yet we never read in scripture that they w●re excommunicated or cast out of their sinagogues , but contrarily , that they went up into the temple to pray as well as the pharises , and were more acceptable to christ himselfe ( who never excommunicated , but received and conversed with them ) then the proud pharises were , luke 18. 11. to 15. ch. 3. 12. chap. 7. 29. chap. 5. 27. 28 , 29. chap. 15. 1 , 2. chap. 19. 2 , &c. mark 9. 11 , 12. matth. 10. 3. marke 2. 15 , 16. therefore these expressions can no wayes warrant or imply any excommnnication or suspension from the sacrament . fifthly , the words runne onely , let him be to thee as a heathe● man and a publican ( not to the whole church , and all others professing religion , which might have intimated something in behalfe of the opposites ; ) and therefore ●o ground excommunication from the church , or suspension from the sacrament on this text ( which the papists and others have very much abused ) is to extract water out of a flint , and palpably to wrest the scripture from its genuine sense . object . and whereas some object , that the n●xt ensuing words , verse 18. ( verily i say unto you , what soever ye shall bind on earth , shall be bound in heaven , &c. ) doe necessarily infer the preceding words to relate to ecclesiasticall censures , and the power of the keyes ( as they phrase it . ) answ. i answer , first , that these words have no coherence with , or dependence on the former , but are a distinct sentence of themselves , because spoken onely to , and of christs disciples , as is evident by the parall●l text of john 20. 23. not of the jewish church , much lesse of their councell or sanhedrim , meant onely by the church in the former verse , as is already cleared . secondly , the this binding and loosing is not meant of excommunication or suspension from the sacrament ( as some would fancy it ) but onely of binding and loosing mens finnes , by preaching the gospell , and denouncing pardon or remission of sinnes and salvation to penitent and beleeving sinners ; but judgement and damnation to obstinate , impenitent sinners , as is evident by comparing it with matth. 16. 19. marke 16. 16. john 3. 16 , 17 , 18 , 36. chap. 12. 48. luke 13. 3. 5. rom. 2. 16. acts 2. 38. chap. 3. 19. therefore some clearer text then this must be produced , to found excommunication or suspension from the sacrament , and ecclesiasticall discipline upon , by those who contend for it jure divin● . thirdly , whether 1 cor. 5. 5. to deliver such a one to satan for the destruction of the flesh , that his spirit may be saved in the day of the lord jesus ▪ and 1 tim. 1. 20. whom i have delivered unto satan ▪ that they may learn not to blaspheame , be properly meant of excommunication or suspension from the sacrament ? some of our opposites peremptorily affirme it , but produce no shadow of proofe for it ; others speak dubiously of these texts , as needing a large debate , and therefore prudently wave them with a rhetoricall preterition , as the late reverend preacher did : i for my part humbly conceive , that to deliver to satan , is a thing somewhat different from excommunication and suspension from the lords table : my reasons are these : first , if to deliver a man to satan , be the self-same thing with excommunication , or suspension from the sacrament , as some affirme , then every excommunicated or suspended person , should ▪ during his excommunication or suspension , either in a literall , or sprituall sense at least , be in their judgement , in the actual power of satan , though a true child of god , whom e christ himself hath rescued out of the jawes and pawes of satan ; since such a one may be actually excommunicated , suspended from the lords table for a season , not onely injuriously , but upon just grounds , and yet not inthe devils actuall power or possession , but in christs , john 10. 28 , 29. secondly , if to deliver unto satan , were the same with excommunication , then it would have some proportion and coincidency with other scripture phrases produced for proofe of excommunication ▪ ( as put away from among you that wicked person , and the like forecited ) with which it hath no 〈◊〉 . thirdly , our opposites generally grant f that excommunication belongs onely to the presbytery or whole congregation , not to any one particular person , be he bishop , minister , or other ; whereas paul himselfe deliv●●ed hymeneus and phyletus unto satan , as the words ( whom i have delivered , &c. ) import , without the concurrence of any other . fourthly , many members of the visible church are spiritually under the g ●ower of satan , and taken captives of him at his will , though still within the church , and not actually excommunicated ; therefore to deliver men over thus to satan , and no more , cannot be properly tearmed excommunication . fifthly , nor can it be meant meerly of suspending people from the sacrament ; for then children and others debarred from the sacrament , by reason of their nonage , or any other naturall dis-abilities , should be as much delivered over to satan as any scandalous persons . what this delivering of men over to satan is , hath been much controverted among divines : many who take it to be meant of excommunication , and an act of discipline established then in the church for all future ages , interpret it to be , not onely a casting of a man out of the church h wherein christ reigns , into the world of ungodly men , among whom satan rules ; but likewise to give a man over to be guided in his spirit by the word & spirit of satan , as the church and those within it are led , guided by the word and spirit of god ▪ explaining it by ephes. 2. 2 , 3. 2 tim. 2. 26. john 14. 30. john . 8. 44 ▪ 1 john 3. 8. but this exposition seems to me both false and improper : first , because these scandalous sinners , even whiles they were in the church , were i led and acted by the spiret of satan , in committing those scandalous sinnes , for which they were excommunicated ; and therefore their excommunication cannot thus deliver them over unto satan , who tooke them captive at his will , but leaves them in his hands in the same condition as before . secondly , such a delivery unto satan , as this , to be guided , acted in their spirits by him and no more , tends nothing at all to the destruction of the flesh , but rather to the pampering of it , much lesse to the reforming of the life , or the saving of the spirit in the day of the lord jesus , but rather to aggravate and encrease mens sinnes . thirdly , it 's confessed , that a godly man may for some notorious sinnes or scandals , be actually excommunicated , as well as other wicked persons ; now such a one god never k gives over to be led and ruled by the unclean spirit of satan , but he always leads them by his own holy spirit , which ever dwels and rules within their soules , and is never dis-possessed by the devill . fourthly , all accord , that the end and use of excommunication , is onely to reforme or amend mens lives , and turn them from the power of satan unto god : and is not this diametrally contrary to that end , to deliver them over to the very conduct and guidance of satan , who l rules only in the children of disobedience , precipitates them into all sinful courses with a ful c●●●re , and is so farre from learning men not to blaspheme , that he fils their hearts and mouthes with naught but lyes and blasphemies ? this interpretation therefore i cannot approve ; neither doe i read or beleeve that any presbytery or church hath or doth claime any authority in these dayes to deliver any man to satan ; wherefore , to deliver a man unto satan , i rather cōceive to be meant in two other senses more agreeable both to the letter and scope of these texts , and the interpretation of the fathers on them . the first is , either to deliver up a man corporally , by way of punishment , into the actuall possession of the devill , onely in respect of his body , not soule , so as the devill thereby might actually possesse , macerate , torment and afflict his flesh ( as he m used to vex those whom he did corporally possesse , which the scripture plentifully manifests ) till he were sufficiently punished , and then be dispossessed of the devill againe by those who delivered him into his power , and restored to the bosome of the church ; the apostles and others n in their age , having a power , not onely to cast out and dispossesse men of devils , but likewise to deliver men up by way of punishment to o be corporally possessed by the devill : which ( as i conceive ) was the ground of that common imprecation , ( too frequent in lewd mens mouthes , when they are injured or provoked by any man ; ) the devill take you , or , tradatur satan● . this kind of delivering men over to satan was peculiar onely to the apostles , and some others in that age , but ceased since , and so cannot be drawne into practice among us ; a godly christian by way of punishment may be for a season thus delivered unto satan , for the mortifying or destruction of his flesh and carnall corruptions , and yet still continue a true child of god in respect of his soule and spirit , p which the holy ghost doth alwayes possesse , though the devill possesse his body ( as he had possession of christs body , though not of his soule and spirit , when * he led him into the wildernesse to be tempted , and carried him from place to place . ) and this i take to be one genuine sense and scope of these two texts . secondly , there is another sort of delivering men up to satan , somewhat different from the former , which suits very well with the words and sense of these scriptures ; and that is , when a man by gods immediate permission is delivered unto satan to be tortured , afflicted and vexed by him ; either in his body , by sicknesses , botches , diseases ; or in his mind , by cares , feares , perplexplexities and discontents ; or in his estate and family , by losses and crosses of all sorts , as q job was , of purpose to mortifie his flesh and carnall members , to humble his soule and bodie before god , that his spirit may be saved in the day of the lord , his sinfull life reformed , and he hereby lessoned , no more to blaspheme or dishonour god : in this sense god many times delivers over his children ( as he did job ) into their adversary , satans hands , to scowre away all their drosse , and crucifie their old man , the flesh , with the affections and lusts thereof , without giving their hearts and spirits into his power , which he still reserves intirely to himselfe , as he did lob's ; and theirs whom the devill cast into prison , and into tribulation for ten dayes , that they might be purifid , and have their robes of corruption washed quite away , and made white in the blood of the lamb , revel. 2. 10. chap. 7. 14. and in this sense ( no doubt ) the apostles by gods permission , had power to deliver men over to satan , ( one of whose r messengers paul had sent to buffet and humble him , least he should be exalted above his due measure ▪ ) for the destruction of the flesh . but how farre the church or ministers of god have any authority at this day actually to deliver any scandalous persons thus to satan ( unlesse it be by way of prayer or option ) i submit to others , who now claime this power , to determine : however , in these two last senses ( which i conceive most genuine ) these texts are no solid proofes at all , either of excommunication from the church , or suspension from the sacrament ; since a christian may be delivered over to satan in both these senses , and yet not actually excommnicated or suspended from the sacrament . the fourth difference is this , whether 1 cor. 5. 11. if any man that is called a brother be a fornicator , or cov●tous , or an idolater , or a railer , or a drunkard , or an extortioner , with such a one no not to eat ; be properly meant of excommunication or suspension from the sacrament , or not to eat with such at the lords table upon any tearmes ? some opposites confidently averre ; others , with my selfe deny it ; and that upon these grounds : first , because there is not one sillable of receiving the lords supper , or eating at the lords table spoken of in this chapter ; and in the 10. and 11. chapters , where the apostle professedly treats of the lords supper , and receiving that sacrament , he speakes not one word of secluding any members of the church , or christians from it , but onely exhorts men carefully to examine themselves before they come to receive it , least they eat and drink their owne damnation , become guilty of the body and blood of the lord , and draw downe sicknesses and diseases upon themselves ; affirming expresly , ch. 10. ver. 16 , 17. the bread which we breake , is it not the communion of the body of christ ? for we being many , are one bread and one body ; for ▪ we are all partakers of that one bread : if all ▪ were then partakers of this bread , certainly none were excluded from it in the church of corinth ; but as the israelites under the law , did all eat the same spirituall meat , and all drink the same spirti●all drinke , though ▪ god were displeased with many of them , who were idolaters , tempters of god , fornicators , murmurers , and were destroyed in the wildernesse , 1 cor. 10. 1. to 12. so all under the gospell who were visible members of the church of corinth , did eat and drink the lords supper , to which some drunkards whiles drunken did then resort , as is cleere by the 1 cor. 11. 20 , 21. which paul indeed reprehends , verse 22. therefore this , with such a one no not to eat , cannot be meant of excommunication or suspension from the sacrameut . secondly , if we look upon the catalogue of those with whom the corinthians were forbidden so much as to eat , we shall find railers , covetous persons , and extortioners therein mentioned , as well as idolaters , fornicators , drunkards ; and if all such must be excommunicated or suspended the sacrament , what will become of most of our anabaptisticall and independent congregations , who are generally knowne to abound more with covetous persons , extortioners , railers , then our parochiall or presbyteriall congregations do with idolaters , fornicators , drunkards ? i ▪ feare their independent conventicles and chamber congregations will be dissolved for want of members , of ministers , and their lords ▪ tables be left empty without guests , if all railers , covetous persons and extortioners were excommunicated out of them , and this their pretended discipline put into exact execution ; yea , i fear , too many presbyterian ministers , elders , who would be very active in excommunicating , suspending others from the sacrament for fornication , idolatry , drunkennesse , must themselves be first excommunicated from the lords table for their owne covetousnesse ; wherefore s let such pull that beame out of their owne eye , before they passe the sentence of excommunication and suspension for the m●tes they spye in their brother's eye ; and this would much moderate their severity towards others , if not make them disclaime this text to be ment of those ecclesiasticall censures , which would light first and heaviest on themselves . thirdly , it is as cleere as the noon-day sunne , that , no not ▪ to eat , in this text , is no more , then not to keep company , or hold civill familiarity with such : first , by verse 10 , 11. i wrote to you in an epistle , not to keepe company with fornicators , &c. yet not altogether with the fornicators of this world , &c. for then ye must goe out of the world ; ( as those must doe who would have unmixt churches and communions without any putred members : ) but now have i written unto you , not to keep company : if any man that is called a brother be a fornicator , &c. with such a one no not to eat : by which it is most cleer , that , no not to eat with such , is nothing else , but * not to keep company , or converse familiarly with them , it being here twice together thus interpreted in the preceding words : and that it cannot be meant of eating with them at the lords table , is most cleere ; because this inhibition extends it selfe , ( though not in the same strictnesse , ) to fornicators , idolaters , covetous persons , &c. that are infidels and without the church , as well as to him that is called a brother , and within the church , as is evident by verse 10 , 11 , 12 , 13 ▪ compared together : therefore it must of necessity be meant of civill conversation with them , of which eating together with others , and sitting with them at our , or their tables , is one principall branch ▪ being one of the highest expressions of outward friendship and familiarity , as is evident by gen. 43. 16 , 17. 32 , 33 , 34. 2 sam. 12. 28. 33. 2 kings 2. 7. psal. 41. 9. john 13. 18. and disdaining to eat with one , the greatest token of estrangednesse , or want of familiarity one with another , gen. 43. 32. compared with john 4. 7 , 8 , 9. secondly , this is further confirmed by these parallel texts of rom. 16. 17. eph. 5. 7. 12. 2 ▪ thes. 3. 14. tit. 3. 10. 2 john 10. 2 tim. 3. 10. which interpret , no not to eat here , by these phrases , of avoyding them , turning away from and rejecting them , not to keep company or have fellowship with them , nor to welcome the● into our houses ; neither of which amounts to an excommunication or suspension , which are judiciall acts of the whole church or presbytery , after legall proofe and conviction : whereas these acts of not eating , avoiding , or not keeping company , &c. are all onely morall or prudentiall acts of particular christians , or voluntary negative actions , not positive , judiciall , publike church censures . object . but our opposites object , that though this text be not directly meant of excommunication or suspension from the sacrament , yet it warrants such mens suspension from tht lords supper by necessary consequence : for if we may not so much as eat and drinke with raylers , drunkards , covetous persons , &c. at our owne , their , or other mens tables , much lesse may we doe it at the lords table . answ. i answer , that the argument is meerly sophisticall , fallacious , and not properly any formal argument from the lesse to the greater , because itvaries in the kind of eating ; the one being civill , the other spirituall ; the one private in ones own house , or anothers , where he hath absolute freedome or liberty to eat , or not to eat with another ; the other pulik in the church , where he hath a divine command , necessitating him to communicate with others of that congregation , in the sacrament , as well as in other ordinances . every argument from the lesse to the greater that is conclusive , must have sundry qualifications to make it solid : i will instance but in three . first , it must be in the same kind of action ; secondly , it must fall under the same precept ; thirdly , it must be within the compasse of the same power : if either of these faile , the argument is a meere inconsequent . for instance , this is a solid argument ; men ought to abstaine from the smallest sinnes ; ergo , much more from the greatest sins ; because this holds still to the same kind [ sinne ] and abstaining from the greatest sins , fals under the same precept which forbids the least ; so this is a firme argument ; he that can make a little watch or ball can likewise make one somewhat greater , because it in the same kind of manufacture , and both of them within the virge of the artificers skil : but on the contrary , these inferences are unsound and inconcludent : a man must not keep company with an angry man , prov. 22. 24. ergo , he must not joyne with him in any publike ordinances or acts of gods worship ; or , a man must not sweare vainly by the name of god , which is the lesse ; ergo , he must not swear solemnly before a magistrate , which is the the greater ; because there is in these , a variation in the kind , occasion and manner of swearing ; so , it is unlawfull for any christian to recompence evill for evill in the least kind , nor to avenge himselfe for the least wrong , rom. 12. 17. 19. therefore it is unlawfull for any christian magistrate to recompence evill for evill , or inflict the highest degree of vengeance on malefactors , even death and capitall punishments ; is a meet nonsequitur ; because this publike revenge by way of justice , fals not under the same precept with privat reveng : so , such a workman is able to make a boat or ditch , which is the lesse ; ergo , he is able to build a ship or fort , which is the greater , is an inconsequent , because they fal not under the self-same degree of art & ability : to apply this to the objected text ; not eating with scandalous persons at meales in private , differs in manner , kind from eating with them at the lords table in publike ; they fal not both under the self-same precept ; and we have free power not to eat bread with those at our own tables , with whom we have no power or liberty left us by christ , to refuse to eat with them at the lords table : therefore this argument , in point of logicke and divinity , is as infirme and absurd , as any of the former : yet how many thousands , as well schollers as ignorants , have been over-reached with it , so far as to make them separate , not onely from our sacraments but congregations too ? now because thi● grosse , fallacious inconsequence in my apprehension , is one principle cause and prop of independency , yea of separation from our churches , sacraments , and hath misled so many , especally of later yeers , i shall a little further examine it , with relation to the text on which it is grounded , and further lay open both the falsenesse and absurdity thereof , to all mens jndgements and consciences . first , it is cleere , that this text is ment onely of civill conversation , eating and drinking , not of spiritual , as i have already proved : i would then demand these two questions of the objectors : first , whether this text prohibits all kind of civill communion , and eating at table with any christians who are raylers , fornicators , idolaters , covetous persons , extortioners or drunkards , under paine of mortall sinne ? if yea ; then it is a damnable sinne in the objectors to eat , drink , or converse in any kind with any such as these , which they daily doe without any scruple , and cannot avoyd ; yea , then it would be a sin against this text , for a wife , child , kinsman , master , magistrate , prince , constantly to convers or eat with such a scandalous husband , parent , kinsman , servant , neighbour , pastor , fellowservant , subject , or they reciprocally with them , if scandalous ; then if any member of the parliament , or of any corporation , colledge , innes of court , or the like , should but eat together at meales with his fellow-members who are thus scandalous , in any common-hall , or at any ordinary or corporation-feast , they should sin against this text , which i never yet heard any anabaptist , separatist , independent , presbyter , or divine affirm ; neither of which make any conscience of not repairing to the lord majors , or any other publike city-feast , where they are sure of good fare , because they were certaine there to meet and eat with some covetous , or other scandalous persons ; with whom saint paul prohibits them , no not to eat : which precept christ himselfe and his apostles should have transgressed , in eating and drinking with publicans and sinners , for which they were [ s ] taxed by the over-precise pharises . if then this text extends not to oureating at meales with such scandalous christians in cases of necessity & expediency , where either our natural , civill relations , or cōmon civility engage us to it , so as we delight not intheir company , or do it notvoluntarily out of free choice , when we may avoid it without offence , as the very objectors , i suppose , wil grant , and s. paul resolves , ver. 11. then by the self-same reason , it can be no offence at all against this scripture , to eat or drink with such at the lords table , at this his publike feast and great supper , to which all christians are invted ( if we beleeve christs owne parable , mat. 22. 1. to 15. & isa. 55. 1. rev. 22. 17. ) in such cases wherein we may lawfully eat & drink with them at our own , theirs , or other mens tables . secondly , our objectors themselves affirme , that it is lawful to hear , pray , read the scriptures , ●ing psalmes , repeat sermons , fast and performe all other christian duties in the company of such scandalous christians as are here particularized , without any violation of this text : if then we may keep company or hold communion with them , and they with us in all other ordinances , till they be actually and judicially excommunicated from the church and them ; then why not likewise in the lords supper too ? since this text and all others cited for proofe of excommunication or suspension by our opposites , prohibit communion in them al alike , or els in none . thirdly , admit ministers themselves be polluted with any of those vices , suppose with covetousnesse , ( as too many are , ) yet none of the objectors dare averre , that it is a sinne against this precept , for any of their congregations to receive the sacrament from , or eat the lords supper with them , no more then to joyne with them in prayer , fasting , or to heare them read , preach , catechize , expound , or sing psalmes together with them ; since the goodnesse or viciousnesse of the minister ( as t all accord ) doth neither adde ought to , nor detract any thing from the efficacy of the sacraments , or any publike ordinances , which proceeds from god alone : if then we may receive the sacrament from , and eat it with a covetous minister without any sin or contradiction to this text , then why not likewise with a covetous neighbour or fellow-parishioner ? fourthly , the objectors grant , that a christian may lawfully receive the sacrament with persons secretly guilty of these and other grosse sinnes , with close hypocrits , who guild over their vices ; and unregenerate christians not really sanctified , who are neither ignorant nor notoriously scandalous in their lives , without scruple or offence against this text . therefore they may lawfully doe it in point of conscience with such who are notoriously scandalous , before their actuall conviction & excommunication , especially if they professe sincere repentance for their sins past , and reformation of their lives for time to come ; as all do , at least in their general confessions before the sacrament , if not in their own private meditations , prayers & preparatory devotions twixt god and their owne soules . fifthly , it is not the meere guilt , but onely the scandall , ill example , and contagion of notorious sinnes that subjects men to the censure of excommunication , in regard of others , least they should infect and draw them on to imitation of them , as paul resolves , 1 cor. 5. 6. else those very sins which are not notorious , and those infirmities , of which the best saints themselves are frequently guilty , should subject them unto excommunication , or suspend them from the sacrament ; and then what mortall man almost should be admitted to it ? it is not then such sinners bare receiving with us , or ours with them , that can any way hurt , much lesse deter or keep us from the sacram●nt , ( for they eat and drink damnation onely to themselves , not others ) in case we imitate them not in their sinnes , or receive no contagion from their company . sixtly , the objectors will grant , that there is a necessity lyes upon ministers to administer , and on people to receive the sacrament at all convenient seasons : that god onely infallibly knowes the hearts and reall preparations of all communicants , in the very best of whom there are many failing and corruptions , which make them in themselves unworthy to communicate : that all who come to receive , doe alwayes make a generall and joynt confession of their sins before god and the congregation , acknowledging and bewayling their manifold sinnes and iniquities , which they from time to time have committed in thought , word and deed , against the divine majesty ; professing , that they doe earnestly repent , and are heartily sorry for all their misdoings , that the remembrance of them is grievous unto them , the burthen of them intolerable ; desiring god to have mercy upon them for his sonne christ jesus sake , and to for●er all that is past , and grant , that they may ever after serve and please him in newnesse of life : offering up themselves , soules and bodyes to be a holy and li●ing sacrifice acceptable unto god through jesus christ : yea , i dare presume , there is no receiver so desperate , that dares professe when he comes to receive , he is not heartily sorow for his sinnes past , but resolvs to persevere impenitently in them for the future , though afterward he relapse into them ( as the be● saints do to their old infirmities ) because his heart nature are not truly regenerated by gods spirit : all this being granted , no minister ought to refuse the sacrament to such an external penitent sinner ( the sincerity of whose heart and repentance , god onely knows ) nor may or ought any christian to abstaine from communicating with him at it , in case he be not actually excommunicated , or not re-admitted to the church for his prophane , scandalous life , since they have no warrant from this or any other scripture else to doe it . all which , if seriously pondered , by separatists and independents , misled by the objected inference , would speedily reduce them to the bosome of our church , and quite allay the heat of the present controversies about suspension from the sacrament , in which many now place the very kingdome of christ , who never claimed nor exercised such a soveraignty as they , under his name and title , would usurp unto themselves . the fifth thing in difference is , whether the priests under the law had divine authority to keepe backe any circumcised person from the passeover , who desired to eat it , for any reall or pretended ignorance , heresie , or scandalous sinne ? my opposites affirme they had ; for proofe whereof they produce num. 9. 1. to 12. where the israelites being commanded to eat the pasover on the fourteenth day of the first moneth at evening , there were certaine men defiled by the dead body of man , that they could not keep the passeover on that day ; and they came before moses and aaron on that day , and said unto moses , we are de●iled by the dead body of man ; wherefore are we kept backe , that we may not offer an offering to the lord in his appointed season among the children of israel ? and moses said unto them , stand still , and i will heare what the lord will command concerning you : and the lord spake unto moses saying , speak unto the children of israel , saying ; if any man of you or your posterity shall be uncleane by reason of a dead body , or in a journey a farre off , he shall keep the passeover unto the lord , the fourteeenth day of the second moneth they shall keep it , and eat it . by which it is cleere , that legall uncleannesse did dis-able them to eat the passover at the appointed time ; therefore much more scandalous sinnes and spirituall uncleannesse did dis-able and keep them from it , and by consequence they doe likewise debar men from the lords supper now , of which the passeover was a type ; yea , our reverend scottish brother in his controversall fast-sermon , added , that no man might bring a trespasse offering to the lord , to expiate any particular sin he was guilty of , unlesse he did first confesse he had sined in that thing , levit. 5. 5 , 6. therefore said he , a fortiori , he could not be admitted unto the pasover ( nor any now unto the lords table ) unlesse he first particularly and publikely confessed the sinnes he stood guilty of . to this i answer , first , that all circumcised persons whatsoever , had a right to eat the passeover , and participate of all the ordinances under the law , from which the priests had no power to exclude them for ignorance , or any scandalous offence , for ought appeares by any scripture-precept or president : all of them under pain of being cut off from their people , being bound to eat the passeover in its season , except in cases of necessity , disability , by reason of a journey , or of legall uncleannesse onely , ( not spirituall ) as is cleere by exod. 12. 3. 43. to 50. num. 9. 1. to 15. deut. 16. 16 , 17. ezra 6. 19 , 20 , 21. 2 kings 23. 21 , 22. 2 chron. 35. 6 , 7 , 13 , 17 , 18. where we read , that all the people and all the males that were present received the pasover , not one of them being excluded from eating it . this is most evident by that noted place of 2 chro. 30. 3. to 21. where king hezekiah proclaiming a solemn● pasover , summoned all israel , and all the people , from dan to beersheba , to repaire to it ; whereupon there assembled much people to jerusalem to keep it : now there were many in the congregation that were not clean nor sanctified ▪ for a multitude of the people had not cleansed themselves ( from their legall pollutions ) yet did they eat the passover , ( neither hezekiah nor the priests prohibiting them to eat it ) otherwise then it was written ; but hezekiah prayed for them saying , the good god pardon every one that prepareth his heart to seeke god , the lord god of his fathers , though he be not cleansed according to the purification of the sanctuary : and the lord hearkned t● hezekiah and healed the people . here legall uncleannesse did not actually suspend them from the passover , when their hearts were upright , and they desirous to eat it , the lord at hezekiah's prayer passing by their unpreparations and accepting their devotions in this act ; nor yet did spirituall pollution , by reason of grosse and scandalous sinnes , debar them that were circumcized , from the passeover , as paul expresly determines , 1 cor. 10. 1. to 10. ( an unanswerable text to this purpose ) moreover brethren , i would not that ye should be ignorant , that all our fathers were under the cloud , and all passed through the sea , and were all baptiz●d unto moses in the cloud and in the sea ; and did all eat the same spirituall meat ( to wit , the passeover and manna ) and did all drink of the same spirituall drink for they drank of the rock that followed them , and that rock was christ : but perchance all these communicants were visible saints , free from any legall pollution , at least not tainted with any scandalous sinne : the apostle to take off this evasion , subjoynes in the very next words , but with many of them god was not well pleased , for they were overthrowne in the wildernesse : no● these things were our examples , to the intent we should not lust after evill things , 〈◊〉 they also lusted ; neither be ye idolaters as were some of them , &c. neither let us commit fornication as some of them committed , &c. neither let us tempt christ 〈◊〉 some of them also tempted , neither murmure ye as also some of them murmurd , and were destroyed of the destroyer : so that the israelites being once circumcized , were all admitted to eat the passeover , though some of them were idolaters ; others , lusters after evill things ; others fornicators , others tempters of christ , others murmurers against god and moses ; therefore there was no suspension of any circumcized israelite from the passover , for spirituall uncleannesse , and scandalous sins , but only for legall uncleannesses . secondly , it is cleere by the objected text , that those who were legally uncleane at the day appointed for the passover , so as they could not then receive it , were yet peremptorily enjoyned to eat it the 14. day of the second month ; and not suspended , til they made publike confession of their sins , reformed the evill of their doings , and gave publike satisfaction to the congregation , or priests , as god himselfe resolves in terminis , num. 9. 11 , 12. if any man of you , or of your posterity shal be unclean by reason of a dead body , yet he shall eat the passover the fourteenth day of the second moneth at even , he must not be suspended from it above one moneth : by what law then , doe many ministers now presume , to suspend ▪ their whole congregations , not onely above whole moneths but yeers from the lords table ( contrary to this text ) whereof the pasoever was a type ? let them amend this practice , or renounce this scripture , and their unwarrantable inferences from it . thirdly , he that was legally unclean , was kept back from the passeover for the present , not by the priest , or ecclesiasticall classis , or temporall magistrate , but by those of the same u family wherein he was to eat the passover , as ver. 6 , 7. imports . and the true reason in this text , why his uncleannesse did seclude him from eating the passover , was , because it quite excluded him out of the camp for a time , ( not tabernacle or temple ) and so by necessary consequence , from the house wherein he was to eat the passeover , as is evident by levit. 14. 3. 8. chap. 16. 26 , 27 , 28. num. 5. 2 ▪ 3 , 4. chap. 12. 14 , 15. chap. 19. 7. 11. chap. 31. 19. 20. 24. deut. 23. 10 , 11. and by like reason it debarred him from all other ordinances , as well as it ; so that all you can probably inferre from this text , is but this , which none will contradict : that prophane , scandalous persons justly excommunicated , and shut out of the church , ought not to receive the sacrament , nor participate in any other ordinance , during their excommunication , till their re-admittance into the church ; as the uncleane israelite could not eat the passover , nor be present at any other publike ordinance or sacrifice , till his re-admittance into the camp . fourthly , here is a direct resolution of god himselfe in positive tearmes , prescribing a suspension from the passover in case of present legall pollution onely , not spirituall ; yet expresly enjoyning the self-same person under the severest penalty , to eat it the very next moneth after ; but there is no such punctuall resolution in the old or new testament , to warrant a like suspension of any from the sacrament of the lords supper , in case of scandall or spirituall uncleannesse , unlesse he be first legally excommunicated , nor can any minister or classis debar him justly from it by any colour or inference from this text , if he be desirous to receive it ; any longer then for one moneth . fifthly , this argument for suspending men from the lords table for spirituall uncleannesse , because some were suspended from the pasover for legall ▪ uncleannesse , but not for spirituall , is no way conclusive ; first , because the passeover and lords supper , ceremoniall and spirituall pollution differ in kind : secondly , because suspension from the sacrament for spirituall uncleannesse , fals not at all under this temporary precept , of suspension from the passeover , onely for legall uncleannesse ; the rather , because no man was kept from the passeover by colour thereof , for any spirituall pollution , but onely for ceremoniall uncleannes ; therefore much lesse can any be suspended by color of it from the sacrament , to which it hath no relation ; thirdly , there is a direct divine warrant for the one , but not for the other ; wherefore we may justly reject the objected argument as erronious and fallacious . secondly , to the latter part of the objection ; that none might offer so much a● a trespasse-offering for sinne , without a particular private confession of hi● sinne ( to god , not to the priest ; ) ergo , he might not eat the passover ( nor any now the sacrament ) if he were a scandalous sinner , without a particular publike confession and repentance of his scandalous sinnes . i answer , that it is a meer non-sequitur , because , first , directly contradicted by 1 cor. 10. 1. to 12. as the premises manifest : secondly , because a particular examination of the conscience and repentance for sin , is no where required in scripure of such who did eat the pasover , though all circumstances & necessaries for the worthy eating of it be most punctually enumerated , exod. 12. num. 9. deut. 16. neither was there any such reason why god should require such a confession of sinne in those who were to eat the passeover , as he expresly exacts from those who came to offer a sin-offering to him , only of set purpose to pr●cure an attonement for those very particular sins which they did then confesse , at which oblation it was both necessary and requisite they should particularly confesse those very sinnes ( yet not to the priest , classis or congregation , but to god alone ) since the scripture is positive , that without confession of sinne , there is no remission of it ; and therefore when they came purposely to sue for pardon , and make attonement for any particular sinnes , it was absolutely needfull and expedient they should then confesse them : but in the passeover there was no atttonement nor confession made to god for any particular sinne , but onely a commemoration of his infinite mercy in passing over the israelites first borne , when he slew the aegyptians : therefore the paralelling of these two together , and the inference from the one , applyed to the other , is very incoherent : finally , i answer ; that every particular communicant befoce he comes to receive the sacrament , makes a publike confession of his sinnes to god with the rest of the congregation , and in words at least , voweth newnesse of life for the future ; there being no communicant that ever i heard of so desparately wicked and atheisticall , as not to professe hearty sorrow for all his forepast sinnes , or to avow impenitent continuance in them when he came to the lords table ; therefore he cannot be justly debarred from the sacrament by vertue of this text , after such a confession , since none were kept off from making their attonement by a trespasse offering if they did first confesse their sinnes to god , though perchance his confession was not cordiall , or such as the priests approved , but externall , onely in shew . the sixth thing in controversie between us , is , whether judas received the sacra●ent of the lords supper , as well as the other apostles ? our antagonists most confidently deny he received it , against direct scripture , and all antiquity , the currant confessions , resolutions of most churches , and their eminentest writers of all sorts : i shall prove the affirmative that he did receive it , by scripture , antiquitie , fathers , modern authors of all sorts , and then answer all pretences to the contrary , with all possible brevity . first , the three evangelists matthew , marke and luke , who onely relate the institution of this sacrament , are all expresse in terminis , that christ sat● downe to eat the passeover , and the twelve apostles with him ▪ that jud●s was one of these twelve , and present at the table ; that as they sate at meat together , jesus tooke bread and brake it , and gave it to them , ( the twelve ) saying , take , eat , this is my body : that he likewise took the cup , & gave thanks , and gave it to them , saying , drink ye all of it , &c. and mark expresly records , he gave it to them , and they all drank of it . if all twelve then sate downe with christ , and christ gave the bread and cup to them , and bad them all eat and drink thereof , and they all did eat and drink thereof accordingly : with what shadow of truth dare any confidently aver , that judas did not receive this sacrament of the lords supper , and that he was not present at its institution ? adde to this , that matthew and mark record , that immediately before the institution of this sacrament , as they sate at meat , iesus said u●to the twelve , verily one of you shall betray me ; whereupon they began to be sorrowfull , and to say unto him , every one of them one by one , lord is it i ? and he answered and sayd unto them , it is one of the twelve that dippeth with me in the dish : then judas who betrayed him , said , master is it i ? and he said unto him , thou hast said it : which was no sooner uttered , but iesus took bread and blessed it , &c. and both instituted and distributed the sacrament to them all , as yo● heard before ; therefore certainly to iudas , the l●st man that said , is it i ? immediatly before the institution , as saint matthew records ; and to manifest yet further , that iudas was present at the sacrament , saint luke placeth these words of christ concerning iudas his betraying him ▪ after the institution and distribution of the sacrament , not before it , which he thus expresseth ; but behold the hand of him that betrayeth me is with me at the table , &c , and they began to enquire among themselves which of them should betray him . saint iohn writes thus ; and supper being ended , the devil having now put it into the heart of judas iscariot to betray him ; christ riseth from supper , and laid aside his garment , and tooke a towell and began to wash his disciples feet ; and it seemes he washed iudas his feet , who was then present , as these words import , iohn 13. 10 , 11. and ye are cleane , but not all ; for he knew who should betray him : therefore he said , ye are cleane , but not all : after which he sate downe againe ▪ and among sundry other discourses with his disciples , he said ; verily i say unto you , that one of you shall betray mee ; then the disciples looked one upon another , doubting of who● he spake : now there was leaning on iesus bosome , one of the disciples whom iesus loved ; simon peter therefore beckned to him , that he should ask who it should be of whom he spake : he then leaning on iesus breast , saith unto him , lord who is it ? iesus answered him it is to whom i shall give a sop when i have dipped it : and when he had dipped the sop , he gave it to iudas iscariot ; and after the sop , satan entred into him : then said iesus unto him , that thou doest , doe quickely ; he then having received the sop , went immediatly out , and it was night . now saint iohn expresly averring , verse 2. that all this discourse , and the giving of the sop to iudas , was after supper ended : and the other three evangelists unanimously according , that christ instituted and distributed the sacrament ( at least the bread ) as he sate at meat , as they were eating , before supper quite ended ( whence it was stiled the lords supper ; ) it must of necessity follow from all the evangelists severall relations , joyned together , and especially from saint iohns ( who was present at the institution ) from whence our antagonists would inferre the contrary , that iudas did receive the sacrament of the lords supper , together with the other disciples ▪ and they may as probably question , whether peter or iohn did receive it , as iudas , there being not one sillable in any of the evangelists , intimating he did not receive it with the rest , which doubtlesse they would have particularly and positively recorded , had he not been present at it , being a thing of so great moment . this truth is so transparent , that all ages have positively averred , received it as an indubitable verity ; for which i could produce whole centuries of writers : but for brevity , i shall recite the testimonies onely of some few of principall note . origen tract. 35. in matth. si autem potes spiritualem mensam & cibum spiritualem & dominicam intelligere caenam , quibus omnibus dignificatus fuerat ( judas ) a christo abundantius videbis multitudinem maliciarum ejus , quibus magistrum , cum cibo divinae mensae & calicis , & hoc in die paschae tradidit . saint cyprian in his sermon de ablutione pedum writes thus , ad mensae tuae participationem , judas proditor est admissus : and de caena domini , he thus seconds it : quamdiu , cibi illi , qui ad diem festum erant parati convescentibus apostolis sumebantur , veteris paschae agebatur memoria nec dum iudas ad veterem vitam pertinens , diabolo invadente & occupante anim●m ejus egredi cogebatur ; sed ubi sac●um cibum mens perfida tetigit , & sceleratum os panis sanctificatus intravit , paricidialis animus vim tant● sacramenti non sustinens , quasi palea de area exsufflatus est , & praeceps cucurrit ad desperatio●em et laqu●um . saint ambrose enar. de tobia . lib. c. 14. resolves thus : judas ibi miser periit in illo convivio quo alij saluantur : idem apologi a davidis posterior , cap. 11. judas panem accepit a christo , & tunc magis est repletus diabolo , quia non accepit ex fide , qui tam hospitali domino pro litionem parabat and com. lib. 12. in luc. 13. judas proditionem sanguinis dominici inter sacrificia positus cogitabat . saint chrysostome serm. 1. de mysteriis caenae dominicae . qui sacratae huius caenae indigne participatur accubitu , non cum petro perveniat ad s●l●tis portium , sed sustinebit cum iuda sine reparatione naufragium . iudas non syncerus sed simulator accubuit , et post bu●●●llam christi , in eum diabolus introivit . and de resurrectione . homil. 3. quid caenam illam liberalem commemorem , ubi tingebat discipulus mendax digitum ? edebat cum pane caed●m ▪ ●t sorbebat cum sanguine potionem . o crudele proditoris convivium ! rogo , quibus oculis ●spectebat , quem sub dente premeb●● ? to passe by nazianzen , who in his christus patiens , agrees , that iudas did receive the lords supper ▪ together with the other apostles . cyrill . bishop of ierusalem asserts the same , catechesis 13. prodiderat judas improbus patrem-familias , nuperque exiens a mensa , & poculum benedictionis bibens , & pro potu salutari sanguinem justi effudere volens . saint augustine thus seconds him , in psal. 3. enar. cum traditor domini judas fuerit , ipsa domini nostri , tanta et tam miranda patientia , quod cum tamdiu pertulit tanquam bonum , cum ejus cogitationes non ignoraret , cum adhibuit ad convivium in qu● corporis et sanguinis sui figuram discipulis commendavit et tradidit . in his 162. epist. iudas accepit pretium nostrum : and tract. 6. 26. & 62. in joan. he oft reiterates it : non mala erat buccella quae ●radita est iudae à domino . absit , medicus non d●ret venenum ; salutem medicus dedit , sed ind●gnè accipiendo ad perniciem accepit , qui non paratus accepit : talis erat judas , ●et tamen cum sanctis discipulis vndecim intrabat et exibat . ad ipsam c●nam domini●am pariter accessit ; conversari cum iis potuit , ●os inquinare non potuit : de uno pane et petrus accipit et judas ; et tamen quae pars fideli et infidel● ? petrus enim accepit ad vitam , manducat judas ad mortem : qui enim comederunt indignè judicium sibi manducat et bibit sibi , non tibi : s● judicium sibi non tibi , toleramalum bonus , ut venias ad praemia bonorum , ne mitteris in poenam malorum : which our venerable beda , in his comentary on 1 cor. 11. both recites and approves . sundry more passages to this purpose are there in this father , which i pretermit for brevity . victor antiochenus in chap. 14. evang. marci . comments thus : dominus autem licet omnium consiliorum judae gnarus esset , attamen a sacramenti sui accessu illum non prohibuit : cur ita ? nempe ut hin● discas , nihil corum praeterijsse , quae eum ad sanam mentem reducere quoquo modo poterant : sunt tamen qui judam ante porrectum eucharistiae sacramentum exiuisse existiment , &c. the first mention i find of any opinion to the contrary . theodoret in his interpretation on the 1 epistle to the corinthians , cap. 14. writes thus of christ , salutaris sacramenti portas aperuit , et non solum undecim apostolis , sed etiam judae pr●ditori pretiosum corpus et sanguinem impertit . remigius bishop of rhemes , in his explanation on the 1 cor. 11. asserts it in these tearmes . probet se , &c. utrum ▪ dignus sit neque ; nè fort● unde alij sumunt r●medium , accipiet ille damnationem et judicium , indigne-illud percipiens , sicut iud●● proditor : nam cum alij apostoli sumpsissent illud terribile sacramentum ad remedium et ad salutem suam ille qui non dignus erat tanto mysterio , accepit illud ad dam●ationem suam ; quia quem diabolus antea tenebat per suggestion●m et tentationem , postea ad damnationem , tenuit plenius , ut nihil aliud posset cogitare aut facere nisi quod voluntas ejus erat : with whom haym●bishop of halberstat , concurres in the self-same tearmes , in his interpretation on the 1 cor. 11. pascatius ratbertus , de corpore & sanguine domini , cap. 28. hath this memorable passage to this purpose : aliud verò christus nouerat , quod et boni dignè , et mali indignè , hoc mysterium , licet praesumptione accepturi essent , voluit formam dare cunctis communicantibus , quid boni , quid●è mal● percipiant : et ideo judas in figura omnium malorum ad percipiendum admittitur . aecumenius enar. in 1 cor. 11. hath this speech , dominus ●oster communi mensa non sanctos modo discipulo● , sed et ipsum proditorem ea dignatus est , inimicum s●eleratissimum : et vos dedignamini vna cum pauperibus caenare . algerus de sacramentis , lib. 1. cap. 21. resolves thus . cum ergo malos corpus christi verè sumere , ipsumque iudam a summ● sacerdote christ● , cum caeteris apostolis acc●pisse sancti testentur , astructum etiam videtur , non esse nobis noxium , si à nobis , vel nobiscum mali malè suma●● sacramenta , cum iudas ab ipso christo cum caeteris apostolis acceperit , nec etiam a pravis minus verè confici ipsa sacram●nta , cum ipse proditor tan●● offici● ministerium à summo pontifice accipiens , cum caeteris , hoc faci●e in meam comm●morationem , a●dierit : si enim sicut e● à domino injunctum fuerat , corpus domin● confecisset , numquid vera minus ab ipso pravo , quam à qu●vis bo●o factum fuisset ? q●ia enim judas accus●tus et damnatus non fuerat , ideo christus conscientiam ejus perversam quan●vis sibi notam dam●ar● noluit , ut nos instru●ret , quod aliquorum pravitas nec conversation● , nec sacramentorum consecratione vel comparticipatione bonis aliquatenus nocere possit . augustinus contra donatistas : communio malorum non maculat aliquem participatione sacramentorum , sed consensione factorum . item , ●dem in homilijs suis ▪ ut sufferas etiam cum quem nosti malum , attende apostolum dicentem , unusquisque onus suum portabit . non enim cum illo communicas avaritiam , sed christi mensam : et quid obest si communices cum illo mensam christi ? qui manducat & bibit indignè , judicium sibi manducat & bibit . sibi inquit , non tibi . quia igitur , ut a●t leo , judae dominus nec negavit apostolic● ordims honorem , in conficiendis sacramentis , nec communionem in ipsis percipiendis , multum providit ecclesiae suae , ostendens per hunc solum innoxiam e● fore malorum praelationem vel conversationem , in quo nisi esset praescisa tanti causa scismatis , multi magis superbè quam religiose calcibus etiam à se repellerent eos qui apud se minoris esse viderentur aestimationis : unde aug. in serm. 49. super joannem : quid voluit dominus admonere ecclesiam suam quando unum perditum inter duodecim habere voluit , nisi ut malos toleremus , ne corpus christi dividamus ; ecce inter sanctos est judas , ecce fur est & sacrilegus ; talis cum discipulis ad coenam dominicam accessit ; conversari cum eis petuit , inquinare eos non potuit . theophilact who flourished about 1070. veers after christ , in his enar. in marcum . cap. 14. page 109. writes thus ; quidam dicunt ( but who they were , appeares not in any extant works of theirs ) iudam non fuisse participem sacramentorum sed egressum esse pri●squam dominus sacramenta traderet : alij autem dicunt ▪ quod etiam ingrato illi sacro-sancta dederit : but himself subscribes to the latter opinion without scruple , not onely in his enar. in ioan cap. 13. where he affirmes it over and over severall times ; but also in his enar. in matth. 26. page 67. apposuit autem vescentibus ut ostenderet crudelitatem judae , quia in mensa & communione ciborum illius , quando si & fera fuisset , mansuetiorem se exhibuisset ; tunc neque cum argueretur intellexit , sed et corpus illius gustans non poe●●tuit : quidam autem dicunt ; quod egresso juda tradidit sacramentum alijs discipulis proi●de et nos sic f●cere debemus , et malos a sacramentis abarcere , &c. bibite ex ●o omnes ; sunt qui dicunt propter judam hoc dictum : judas enim panem accepit , et non comedi● , sed oc ▪ ul●avit , ut monstraret judaeis , quod panem corpus suù● voc●rit iesus ; pocul●m autem invitus bibit , cum non posset occultare , propterea ho● loco dic●b●t , bi●ite omnes . saint b●rnard suffragates to all the former , that iudas did receive the sacrament as well as the other apostles . i shall trouble you with no more ancients , since they all unanimously acco●d herein without one dissenting voice , excepti●g hilary , in matth. can●n . ●0 . the old and moderne canonists of all sorts , with one consent suffragate to this verity ; i shall instance but in two , to wit , gratian . caus. 1. quest . 1. & ivo c●●not ensis ▪ d●cretalium ▪ secunda pars : in both which we have many senten●●s of fathers collected to this purpose , and among others , this of augustine , in exposi● . psalmi . 10 ▪ christus quid fecit vobis qui traditorem suum tant a pati●●ti● pertulit , ut ei primum eucharistiam confectam manibus , et ore suo commend●t●m , sicut caeteris apostolis traderet ? quid vobis fecit christus , qui eundem traditorem suum que● diabolum nominavit , qui ante traditionem domini nec lo●●lis d●minicis ●idem potuit exhibere , cum caeteris discipulis ad praedicandum regnum caelorum misit , nisi ut monstraret , dona dei perve●ire ad eos , qui cum fide accipi●nt , etiamsi talis sit per quem accipiunt qualis judas fuit : see gratian to the same effect , caus. 7. que. 1. & de conserat . dist. 1. & 2. all succeding canonists and glossers upon grat●●n concurre with these two ancients without dissent , and so doe the casuists too ; i spare their names for brevity sake . the schoolmen generally s●bscribe to this conclusion ; i shall mention onely three or four of them . the first is , alexander alensis , our owne country-man , stiled the irrefragable doctor , in whose summa theol●giae , pars 4. quest . 11. art. 1. sect. 3. i first of all meet with this question propounded and disc●ssed : an christus etiam iudae corpus suum in coena dedor●t ? this doctor holds affirmatively that he did , which he proves by ma●th . 26. 24. &c. iohn 13. dionysius areopagita , chrysostome , hom. 81. super matth. the ordinary glosse on mat. 18. iohn 13. & 1 cor. 11. and other texts : adding that if christ had actually excluded iudas ▪ from this sacrament , certainly s●●● of the evangelists or others would have expresly noted such a memorabls and notable all , which not one of them hath done : and he resolves thus , tha● christ in this supper gave his body to iudas , and that for divers reas●ns : the first t●ken from gods wisdome , and that for a twofold reason ; first , to teac● us to love our e●emies , since christ fed this traitor with his owne slesh ; secondly , to instruct the ministers of this sacrament ▪ for in that he denied ●ot his body to iudas ▪ who was entangled in a grievous ●inne , he hath taught the dispensers of this sacrament , that they ought to give it to sinners in the like case , when they shall desire it . secondly , in regard of gods mercy , and that in two respects ; f●rst , revocati●n from evill ; secondly , promotion in good : for ●his well ought , out of the consideration of gods mercy ( which most appeares in this that he delivered his body to him ) to recla●me him from his evill p●rpose , and conse●uently to meliorate him by the vertue of so great a sacrament ; but he increased in his sin , from whence he ought to have augmented his merit . thirdly , in resp●ct of divine justice , and that in two respects : the augmentation of his fault , the retribution or damnation of his punishment ; for since he would not cease from his conceived malice by so great a benefit , by the just judgement of god , he is punished by a fall into a more grievous crime , to wit , desperation . fifthly , in respect of divine conversation , the lord for this cause giving him his body with others , that he might shew him , that he ought to be of like good conversation with others . sixtly , for his perfect reformation as much as might be , on the lords part , since he left no meanes unattempted to reclaime him . this and much more alensis , who is seconded by thomas aquinas , 3. qu. 81. 1. 0. l. 4. dist. ii . qu. 3. ar. 2. qu. 1. 2. 0. by john gerson serm. in coena dom. ad eccle. ca●telam ; hugo de sacram. l. 2. c. 8. and by our countrymen ▪ rich. de media villa , l. 4. dist. 11. ar. 4. qu. 2. 3. tho ▪ waldensis , oper. tom. 3. c. 43. sect. 6. and all the popish schoolmen ; many of them holding t that iudas did receive the very body of christ himself , as well as the sacrament of his body : this doctrin of judas his eating the sacrament with christ at his last supper , is so currant in the church of rome , that they have inserted it into most of their ladies psalters , howers , missals , and expressed it in this rime . rex sedet in coena , turba cinctus duodena , se tenet in manibus , &c. for protestant writers , the most and best of them in forraigne parts agree u that judas did receive the sacrament , or outward elements of christs body and blood ; but not the body and blood of christ himself ; panem domini , non panem dominum , sacramentum corporis & sanguinis christi , non rem sacramenti : the outward signes , not the inward & spirituall grace , for which read caluini instit. l. 4. ● . 17. sect. 34. aretii problemata , locus 77. de usu sacramentorum , instead of hundreds of others ; and as the prime writers , so the publike confessions of the reformed churches resolve , that judas did receive the sacrament as well as the other apostles : witnesse the x confession of bohemia . in the holy scripture manifest examples of this nature are found in many places ; especially in judas , who received the sacrament of the lord christ himselfe : and the confession of belgia , an evill man verily receiveth the sacrament unto his owne condemnation , but the thing or truth of the sacrament he receiveth not : as for example ; judas and simon magus ▪ both of them did receive the sacramentall signes , but as for christ signified thereby , they received him not . for our owne protestant writers , i shall nominate but two of note , our english apostle john wickliffe , as thomas waldensis records his opinion , operum tom. 3. c 43. sect. 6. and our incomparable bishop jewel , in his defence of the apology of the church of england ( publikly reserved in all our churches ) part 5. sect. 16. divis . 1. pag. 635. who determine , that iudas received the sacrament of the body and blood of christ , though not christ himselfe ; and the whole church of england in the exhortation before the sacrament , in the antiquated common-prayer booke , hath resolved , that judas did receive the sacrament , as this clause manifests ; therefore if any of you be a blasphemer of god , &c. bewaile your sinnes , and come not to this holy table , least after the taking of that holy sacrament , the devill enter into you , as he entred into iudas , &c. and the 29. article of the church of england , with the 96. article of the church of ireland ▪ resolve as much , in citing , approving s●int austins words as orthodox doctrine , which he spake directly of judas his receiving the sacrament , and externall elements of christs body and blood ; for which you may consult with ma●ter rogers his exposition on this article . the verity of judas his receiving the sacrament being thus abundantly ratified by direct scriptures , and so many concurr●nt authorities of all sorts in all ages , ( to which hundreds of like testimonies might be added . ) i shall onely add● this further consideration to the premises , that al our antagoni●●s & the evangelists cleerly agree , that judas did eat the pass●over with christ himselfe , as well as the other apostles : ( now the passeover was a type of the lords supper ( which su●ceeded in its place , and a sacrament under the law ) the same in substance with the e●charist under the gospell ; wherein christ was spiritually represented and received , as well as in the lords supper , 1 cor. 10. 3 , 4. ch. 5. 7. therefore since christ admitted him to the one , i cannot beleev he quite excluded him from the other ▪ which the last answer to the four quaeres doth ingenio●●ly acknowledg . and here i cannot but wonder to see , with what groundle●●e confidence many godly learned divines now averre the contrary both in presse and pulpit , of purpose to introduce a suspension of pretended ●nworthy persons from the sacrament , before any actuall excommunication from the church , or other ordinances deno●●ced against them : certainly , their grosse mistake against scripture , and the resolution of all ages ▪ churches , in this particular , will make wise consciencious men in all parts of this particular controversie ( wherein prejudice and selfe ends , i feare , have much over ▪ blinded their judgements ) distrust and examine all other their paradoxes ▪ inferences , and mis-interpretations of scripture , which will prove but darknesse in the conclusion , though cryed up and embraced by many , under the specious seducing notion of new-light . having thus made good ▪ the affirmative , i shall answer the reasons produced by the opposites , to prove , that i●das received not the sacrament ; which in truth are meer mistakes : first , they say , that iudas went out before supper ended , immediately after he received the sop , john 13. 30. but our saviour did not ordaine this sacrament till after supper , luke 22. ●0 . when he had supped , 1 cor. 11. 25. therefore judas certainly received not the sacrament . i answer , first , that judas went not out till after supper , as saint iohn expre●●y resolve● , jo●● 13. 2. and supper being ended , the devill having n●w put it into the heart of judas &c. after which , he addes ▪ that christ rose from the table and washed his disciples feet , and judas feet among the rest , if not first of all ( a●theophilact with others hold ; ) after this , judas continued there with christ for some space , as the series of the chapter from the 20 , to the 30 verse attests . seco●dly , all the three other evangelists prove directly , that judas was present at the sacrament , as i have formerly evidenced ; therefore to inferre the contrary fr●● john 13. 30. is to make john contradict all the other evangelists , and himselfe 100 , v. 2 &c. therefore it must needs be a cursed interpretation which corrupts the text , and se●s the evangelists together by the ears . thirdly , this sacrament was not i●sti●●ted after supper , but as th●y sat● at supper , whence i● was called the lords supper ; matthewes and pauls expression is , as they were eating , iesus tooke bread , &c. marks , as they sate and did eat , and lukes words taken altogether , imply as much : therefore he instituted the sacrament , not after supper , but at and during supper , whiles they sate and did eat at table : true it is . luke writes , not of the bread , but cup onely ( to which pauls objected words likewise relate ) he tooke the cup after supper , luke 22. 20. yet it appeares he took it likewise during supper , verse 17. yea , some learned me● are o● opinion ▪ that christ had two suppers that night : first , his pas●ha● sup●er , at the clo●e whereof he instituted the sacrament of his owne supper : secondly , an ordinary supper , which succeeded the insti●●tion of his owne , in imitation whereof ▪ the u ●or●●h●ans and x primitive christians had their agape or love ▪ feasts , which they did eat immediately after the lord ▪ supper : and this is more then intimated by saint john , ●hap , 13. ver. 2. 4 ▪ 12. to ●1 . where we read , that af●●r supper , jesus did rise from supper , and washed his disciple ▪ feet ; which done , after some discourse he sate downe againe with them and then dipped a sop , ( which could not well be at the paschall supper ▪ where we read of no so●s , nor ought to dip them in ) and gave it to judas ▪ &c. who having received the sop went imediately out : therefore lukes , after supper he took the cup must be meant only after the paschall supper , not the other common supper : for if judas went out before the paschal supper q●ite ●nded , thē you mu●t grant that he did not drink of the cup contrary to christs expr●●●e precept , drink ye all of this ; and saint marks relation , that they did all drink thereof ; to wit , all the twelve disciples . fourthly , the word imediately doth not alwayes imply , a thing done at the self-same instant , without the lest intervenient stay or delay ; but many times ( as all know ) in our common speech ▪ it signifies , soon after , or not long after ; as we usually say , we will doe this or that imediately , instantly , presently , when as we meane onely ●peedily , within a short time , not at that instant or very time we speak it ; so that admit the mo●● that can be , this word will not necessarily in●erre , that jud●s went out so imediatly after the sop received , that he did not stay to receive the lords supper ere he went out , which all the other evangelists words deny , who would certainly have expressed it in direct tearmes ▪ had there been any such thing . their second reaso● , that judas received not the sacrament , because christ could not say unto him particularly , take , eat , this is my body which is given for thee ; this is my blood which is shed for thee ; is very absurd . first , because it appeares not , that christ did deliver the bread and wine severally , one after another to every of his disciples ▪ as our ministers ●se now to do ; but o●ely ▪ gave it promis●●o●sly to them all at once ; who took and divided it severally ●mong themselves , and handed it one to another , as luke 22. 17. & mat. 26. 27. divide it among your selves ▪ he tooke the cup and gave it to them ( joyntly , not to each of them by himselfe ) saying , drinke ye all ( not tho●peter or john ) of this , doe more then imply . secondly , because admit christ used those words particularly to judas , a● ministers now do to each particular communicant , yet he meant them only co●●i ●onally , that his body was broken , and his blood shed for him , if he would really receive the● by faith , otherwise not ! christ being made o●rs onely by faith . thirdly , matthew and mark relate christs words of instit●tion to be without any such particular application , as w● subjoyne ▪ viz. take eat ▪ this is my body : drinke y● all of this , for this is my blood of the new testament which is shed for many : not for thee judas ; which he might very well use to judas , as conjoyned with the other apostles . but these antagonists have a second shift ; when they cannot deny that judas received the sacrament , they answer , he was a close hypocrite , guilty of no scandalous crime , so that the other apostles were more ready to suspect themselves then judas , when christ told them , that one of them should betray him ▪ therefore this is no president or warrant for ministers , to admit open scandalous sinners ( though not actually excommunicated ) to the lords table . i answer , first , that christ himselfe ( the b searcher and knower of all mens hearts ) did some one or two yeers space before this , infallibly know , and tell his disciples , that one of them , to wit , judas iscariot , was a devill , for he it was should betray him , being one of the twelve , john 6. 70 , 71. secondly , at the time when he instituted the sacrament , he infallibly knew and foretold the disciples , yea judas himselfe , that judas should betray him , and that it was fore-prophesied he should doe so , john 13. 18. to 28. matth. 26. 20. to 26. mark 14. 18. to 22. luke 22. 21 , 22 , 23. acts 1. 17. 18. thirdly , that when christ washed his disciples feet ( and iudasses among others ) after supper , he told them , that they were clean , but not all ; meaning it of iudas ▪ iohn 13. 10 , 11. fourthly , he infallibly knew him to be lost , and thereupon called him , the sonne of perdition , that the scripture might be fulfilled , iohn 17. 12. and knew that the devill after the sop given , would enter into , and take actuall possession of him , iohn 13. 27. compared with ch. 6. 70 , 71. & that he should be certainly damned & fall from his apostleship , for his transgression , that he might goe to his own place ( that is , to hell ) acts 1. 25. and that therefore in eating the sacrament , he would certainly but eat and drinke judgement to himselfe , and be guilty of the body and blood of the lord , 1 cor. 11. 27 , 29. if then christ himselfe did infallibly know all this of iudas , though perchance his other disciples did not ( as likewise his theevish , covetous , as well as traiterous disposition , john 12. 6. both which did make him scandalous , and an unworthy ●eceiver ) and yet for all this , in the very originall institution of the sacrament , because iudas was still one of the twelve , nor actually convicted of , nor excom●●nicated for these crimes , and voluntarily desiring to receive the sacrament as well as others ▪ and because christ himself would leave him unexcusable in leaving no externall meanes unattempted to reclaime him from his desperate intentio●● , by what divine authority , rule of conscience , or christian prudence , can any minister of christ ( who is not , at lest ought not to deem himself , either greater ▪ wiser , holier , preciser or more consciencious then christ his master ) keep any unexco●●●nicated christian from the sacrament , though covetous , scandalous , & outwardly fl●gitious for the present , in case he be desirous to receive it , and will not be kept from it by any serious dehortations or admonitions of the danger of unworthy receiving , if he in his owne conscience judge himselfe worthy , professe his hearty sorrow for his sinnes past , and reformation of them for the future ( especially since no minister c can so certainly know the secret disposition of such a mans heart for the present , nor what d he may from thenceforth prove for the future ▪ or whether he be not ●● e elect child of god , and so certaine to be effectually called , converted , peradventure at that instant time , in or by this very ordinance of the sacrament ; ) as christ himselfe did know the heart , state , and finall impenitence of this traitor iudas , whom notwithstanding he admitted to his table : i shall therefore beseech all our ministers and opposites , to lay this seriously to heart ; and if they will needs make , or pretend conscience in any thing , let it be in this , not to make themselves wiser , holier , rigidder , or more consciencious in this point then christ himselfe f remember the words that christ said to his disciples , & in them to all minister● , the servant is not greater then his lord , nor he that is se●t ▪ greater then he that sent him : it is enough for the disciple that he be as his mast●r , and the servant a● his lord . remember what st. iohn determines , 1 iohn 2. 6. h● that , saith he , abideth in christ , ought himselfe to walk eve● as he walked ; who , as in his suffering , so in the administration of this sacrament , hath left us an example , that we should follow his steps , 1 pet. 2. 21. eph. 5 , 1 , 2. compared with th● 1 cor. 11. 23 ▪ &c. we all grant , it is christs prerogative onely to institute sacraments , and is it ●ot his prerogative likewise to prescribe how and to whom they shall be administred ? and hath he not done this by hi● own example ? take heed therfore of making conscience of excluding such unexcommunicated person● from christ● table now he is in heaven ▪ as himself without scruple admitted to it whiles he was on earth ; if any unexcommunicated iudasses will wilfully come to this sacred feast without a wedding-garment , or with a traiterous and impenitent heart , contrary to their externall profession of repentance , ●fter your serious dehortation to them , and advisements to abstaine , the danger , guilt and sinne is onely their owne ▪ not yours ( as i shall prove more fully a●on ) else christ himselfe should have been guilty ( by your kind of reasoning ) of iudas his sinne and ●nworthy receiving , which you dare not affi●me . secondly , if christ himselfe knowing iudas to be such a desper●te wick●d wretch , traitor , reprobate , did yet admit him to eat the passeover and sacrament with his other disciples , and they made not any scruple of conscience ●o communicate with him in both , no not after christ had particularly informed them ▪ and judas himselfe , that he should betray him , matth. 26. 21. to ●6 . then certainly there can be no colour for ●ny christian , in point of con●cience ▪ to withdraw himselfe from the lords table , or sever from our churches because of mixt comm●nions ( as some now phrase them ) or because some op●● s●a●dalous unexcommunicate persons , are admitted to communicate with them : this i●●he use and inference which most of the ancien●s ▪ made of iudas his ●ating the lords supper and passeover with his fellow-disciples and they with him , against the scismaticall donatists ( now revived in our ind●penden●s a●●baptists , separatists ) whose resolution● in this case they may doe well to read at large in gratian , caus. 1. quest . 1. and in ivo carnot●nsis , decre●●lium ▪ ●ec●nda par● , to whom i shall referre them : certainly they may with as much conscience and reason refuse to joyne with such in hearing , reading ▪ fasting ▪ singing , prayer , or any other ordinances as in this , ●pon the self ▪ same grou●d● t●ey 〈◊〉 to communicate with the● at the lords table : therefore let not such ground ▪ lesse whimsie● , and false principles , upon which they have hitherto soun●●d their practice of separation in this kind delude thē any longer ; they being ●s much partakers of other mens sin● , in participating ▪ joining or being present with them in any other ordin●nce , as in this ; since if they de●est their sinfull courses , they are no more guilty of them by rec●iving the s●crament with the● ▪ then christ or his apo●●le● w●re of iud●s his ●●ea●on or unworthy receiving , by communicating with him ; the ●ather , b●cause the scripture resolves expresly ( and all come●tators new and old upon the text sub●cribe to it ) that every unworthy communicant eats and dr●●●es judgement onely to himselfe , 1 cor. 11. 27. 29. ) not to the ministe● or any other , with whom he shall communicate in this ordinance . let those therefore who out of spiritu●ll pride and selfe ▪ opinion of their owne transc●●dent holinesse above others , disd●ine to communicate with those whom ●hey deem more sin●●l , l●sse p●nitent then themselves , beware lest this groundlesse phari●●ical ride of theirs make them not more scandalous & unfit to receive thi● sacrament ( ●t which they should especially manifest their humilty , charity , love , ●ompassion and 〈◊〉 towards their br●thren ) then those scandalous persons they refuse to communicate with , as the pharis●s pride in prayer , made him lesse justifi●● and un●●ceptable to god then the publican , luke 18. 9. to 15. a place well worthy their saddest consideration . and thu● much for i●das his receiving the sacr●ment , which go●● very farr in deciding our present controversies . the seventh difference is ▪ whether the minister hath not fully discharged his duty and conscience if he give warning to unworthy communicants of the danger they incurre by their unworthy approches to the lords table , ●nd seriously deh●rt them from comming to it , ●●lesse they repent , reforme , and come prepared ? and ●hether the 1 cor. 11. ezek. 33. 1. to 10. acts. 20. 26. 27. ●ith the li●urgies of our owne and the french churches doe not intimate a●d prove a● much ? i affirme , my f antagonists deny it in their three printed pamphlets ; affirming , that it is not enough for ministers to warne them of the sinne and danger of unworthy receiving ▪ unlesse they l●kewise keep them back from the sacrament : the reason they render is , because , ●f the minister gives the sacrament to such , he is a partaker of their sinne and as much guilty by the giving , as the other by his unwor●hy receiving ▪ and shall partake with him both in the guilt and punishment : to exemplifie which they use this simi●itude : sir , if you have a cup in your hand which will poyson and kill a sick distempered man , if he drinke of it , will you give it unto him if he desire it ? and do● you think it enough to admonish him that it is deadly poyson , and first deh●rt him from drinking of it ▪ and then imediately reach it to him , with intent tha he shall drink of it ? i perswade my selfe , that as he shall perish , so hi● blood shall be required at your ha●ds and that you shall as guilty hold up your hand at the barre for it . yea , th y av●rre , that this is more then arbitrary , tyrannicall ▪ papall domineering over the consciences of pastors , elders and godly people , to ●● s●andalous sinners intrude and come boldly to the lords table ▪ and the pastors and elders have no power to keep them backe . to which i answer ▪ i very much wonder at this strange divinity , never heard of in the world till of late , and that first among the anabaptists , from whence it was derived into o●● english soyle : but for a direct reply , i readily acknowledge that all desperate , sc●nd●lous , wicked ▪ obstin●te sinners , may be justly excōmunicated from the church ●nd s●craments ▪ after sever●ll previous admonitions for their sinful courses , & th●t being th●s excommunic●ted ▪ they ought ●ot to be admitted to the s●cr●ment nor any other publike ordin●nce til their open profession of sin●ere repentance ●●d re-admission to the church : but if ●ny such not thus proceeded ●gainst ●or excommunic●ted after due ●dmonitions , profer themselves ●t the lords table together with others , professing unf●ined rep●ntance for their sinne● past , and reformation of their lives for time to come ( a● every person vol●ntarily doth who resorts to the lords table ) in such a case the minister when he hath s●rio●sly ●dmonished them of the d●nger of unworthy r●ceiving , and dehorted them to come to the sacrament , unlesse they find th●mselves sufficiently prepared in their owne consciences , hath fully discharged his duty , and cannot repell them from this heavenly banquet ▪ and if i● this case they receive unworthily , he is no way guilty of their ●inne in the least degree , since he consented ●ot to it and did for●w●rne the● of it : to make this apparent to every mans capacity , i shall lay downe these six conclusions which i desire all christians , especially separatists and i●dependents , seriously to ponder . first , that eve●y visible member of ● visible church or congregation , not actu●lly secl●ded from it by excomm●nication for some notorious sca●dall , hath a true interest in , ●nd right unto every ordin●nce of christ ●d●inistred in that church , of which he is not made unc●p●ble by any naturall disability , as children , fooles , and distracted men are of receiving the lords supper , bec●use unable to ex●mine themselves ; to which notwithstanding they have been admitted in some ch●rche● . for pro●fe of this conclusion , i must lay downe another , which ●tterly s●bverts the very fo●nd●tion of separation●nd independency ; that the sacr●ments both of baptisme and the lords s●ppe● were beq●eathed by christ himselfe ( as all his other ordinance● ) ●ot only to his elect and regenerated children ▪ but to his visible ch●r●h on e●rth , and ●ll visible member● of it ; in which there alwayes hath bee● ▪ ●o● is , and ever will be ▪ a ●ixture both of good and bad , ch●●fe and wheat , exter●all and re●ll professors , hypocrites and sincere beleevers . hence it is all our opposite● unanimously grant ▪ that they ca●●ot refuse the sacrament to h●pocrites , or c●rnall morall christians , of civill ●nblam●ble life ●nd conversatio● , though there be no power of godli●esse in them , if they be not grosly ignor●●t , nor yet deny the sacrament of baptisme to their childre● ( which the apo●tle cal●saints or h●ly ) bec●●se they are members of the visible church ▪ to whom the sacaments of right belong , as such ; else they ●ight s●spend all s●ch from the lords s●pper upon this very ground ▪ that they are hypocrites , unregenerated ▪ unsanctified persons ▪ who have no right unto the sacraments as well as scandalous impenitent sinners ; from whence i argue thus , those who have a true right to the sacrament , as visible members of the visible church , ought not in justice or conscience to be deprived of it , in case they demand it , by any minister or presbytetery , mat. 24. 45 , 46 ▪ &c. luke 12. 42 , &c. compared with mat. 22 ▪ ● , to 15. 1 cor. 10 ▪ 1. to 7. 17. ● tim. 2. 24. 25 ▪ 26. but all unexcommnnicated christians ▪ who are able to examine themselves , as visible members of the visible church , have a trus right to the sacrament , in case they doe demand it , when publikely administred . ergo , they ought not in justice or conscience to be deprived of it by any minister or presbytery , when publikely administred , if they shall require it . the rather , because nothing but an actuall excommunication can suspend them from this their right , as an actuall o●tlary suspends men from the benefit of the law . secondly ▪ that every visible christian not actually excommunicated , who hath a right to the sacrament of baptism & hath bin admitted therunto ( which answers circumcision this seal of the covenant ) such only excepted , who by reason of infancy or other infirmitie● of nature , are unable to examine themselves , hath likewise as good a right to , and interest in the lords supper , the other seal of the covenant ( as some phrase it without a text ) which answers to the passeover ; even as every circumcised person under the law had a right to eat of the passover , and might not be debarred from it , as is formerly proved ; since no rationall christian is able to give a satisfactory re●son , why such should enjoy the benefit of one sacrament and yet not be admitted to the other , seeing that which entitles them to the one entitles them to the other , and that which debarres them from the one secludes them from the other : we read in the very apostles times , that a meere externall slight confession of sin and profession of the christian faith , was sufficient to enable sinners to be baptized ; hence simon magus , a meere dissembler , and symonaicall unregenerate wretch , was b●ptized by phillip as well as others who really repented and beleeved in christ , though he were in the gall of bitternesse and bond of iniquity , acts 8. 12. to 25. yea , many others who turned wolves , apostates , hereticks were baptized by the very apostles , onely upon their externall profession of christ , without any inward truth of grace , acts 20. 29. 30. 2 tim. 3. 1. to 6. rom. 16 17 18. 2 pet. 2. throughout iude 8. to 20. 1 ioh. 2. 18 19 and u●on a very sodain , seeming remorse for sin and confession of christ at the very first sermon without any delay or long examination of the sincery or truth of their faith or conversation , thousands with their whole housholds were baptized and admitted into the church by the apostles , act. 2 37 38. 4● . c. 8. 12. 13. ● . 10. 34. to the end ch. 16. 33. yea ▪ among the very anabaptists themselves both beyond the seas & at home , there are farre more hypocrites and carnall persons of ripe yeers rebap●i●ed ▪ then reall saints ▪ onely upon a bare externall profession of faith and repentance ▪ and so generally i● all other churches in the world , from christs time till this present : i● then the sacrament of baptisme hath in all ages , churches since its inst●●●tion ▪ and b● the very apostles themselves without any danger of si● or s●ruple of conscience be●n administred to all externall ●rofessors of christ and never denied to any suc● , ( or to their children , but by anabaptists ; ) then by the self ▪ same rea●on the ●a●●ament of the lords supper may and must be adminis●red to th●● , w●●n t●ey ●●nder themselves among others to receive it , and can neither in point of conscience or christianity be justly with ▪ held from them by any ministery or presbytery whatsoever , if not actually excommunicated for some ●otorious s●●ndall , the one being as much a tr●● sacrament as the other , if not of more absol●●e necessity then the other : upon which ground , i shall challe●ge all my opposites ▪ to shew me any divine charter or president in scriptu●e authorizing them to suspend any unexcomm●●icated christians , able to exmine themselves , and willing to comm●nica●e , from receiving the sacrament of the lords supper , whom they ●ave formerly deemed fit to receive and could not deny him the sacrament of baptisme : till this be done , they must pardo● me for not subscribing to any such pretended authority by divine right . thirdly , that it is the ministers bounden duty to administer the sacraments to their people , as well as to preach and pray , mark 16. 15 , 16. matth. 28. 19 , 20. acts 2. 41 , 42. chap. 8. 12 , 13. chap. 10. 47 , 48. 1 cor. 10. 16. chap. 11. 23. to 28. therefore they can no more deny to administer this sacrament to those of their congregation who are not excommunicated , then ref●se to preach the gospell to them , or pray with them : what paul writes of preaching the gospell , necessity i● laid upon me , andw●● is me if i preach not the gospell ▪ 1 cor. 9. 16 , the same may ministers apply to their administrng the sacrament , woe to us if we administer it not when de●ired ; the r●ther because it is now a received principle among presbyterians , and professedly agreed by our reverend brother of scotland i● his fast sermon ; that no private minister hath any jurisdiction in himself to keepe back● any from the sacrament , but onely the whole classis or presbytery . fourthly , that though god hath originally in his primary intention ordained his gospell and sacraments ( which are rich mercies in themselves , ) only for the comfort and salvation of those who worthily receive them ; yet he hath secondarily instituted them to be the savour of death unto death , and a means of aggravating the sins and condemnation of such who shall wilfully conte●ne , abuse , or unworthily receive them , 1 cor. 11. 25. to 30. 2 cor. 2 ▪ 15 , 16. matth. 10. 14 , 15. mark 16. 15 , 16. l●ke 8. 18. heb. 6. 6 , 7 ▪ 8. iohn 15. 22. 2 pet. 2. 21. ezek. 2. 3. to 9. yea ▪ christ himselfe , tho●gh he be a most sweet saviour in his owne ●at●re and gods pri●itive intentio● , yet accidentally he is set for the fall , as well as for the rising of many in israel , luke 2. 34. ●ay , for a stone of st●●bling and rocke of off●nce , for a gin , and for a snare ; at ●●d against which ●any shall stumble and fall , ●nd be broken , and s●ared , and taken , isa. 8. 14 , 15 , chap. 2● . 16. rom. 9. 33. 1 pe●. 28. matth. 21. 44. luke 20. 18. so ●re his word ●●d sacraments too , accidentally set ( by reason of me●● corruptions and ●●worthy , ●●profitable particip●tio● of them ; ) for the fall and ruine , as well as the salvation of 〈◊〉 . fiftly , that god onely i●fallibly knows the he●●ts and present state of all men , not any minister or presbytery , 2 chron. 6. 30. acts 1. 24. 2 tim. 2. 19. 1 sam. 16. 5. to 14. matth. 26. 21 ▪ 22. iohn . 2 , 24 ▪ 25. that he can convert and change ●●●s hearts and lives in a m●ment ▪ and make them meet co●●nicants though●● cannot discerne them to be such ▪ acts 3. 9. to 28. chap. 2. 37 ▪ 38. &c. rom. 11. 3 ▪ 4 ▪ 5 ▪ he can sodainly give th●m a white ston● , with a new name written in it , which no man knoweth saving he that receiveth it , revel● 2. 17. and therefore if we see any desirous to receive the sacrament , to be penitent in outward shew and profession , we ought in the judgement of ch●●ity to esteem them such , since we cannot infallibly discern● and search their hearts ▪ 1 ●or . 13. 5. 7. phil. 2. 3. heb ▪ 6. 9. mat. 7. 1. rom. 14 ▪ 4. to 15. sixthly , that no ministers private judgement , or conscience ought to be the rule of his admitting any to ▪ or suspending them from the sacrament : for first , there is no text nor cla●se of s●ri●tu●e that makes his private judgement or conscience such a rule : secondly , if a minister should have power to deny the sacrament ( under pain of sin ▪ ye● punishmentt , as some men ●each ) ●o every communicant he deems unmeet or unworthy , before actuall convictio● of his unworthinesse in the presbytery , then it would rest in the power of every particular minister , how justly or unjustly soever , to admit or se●l●de from the sacrament whom ever his cōscience or judgment should think fit ; which would introduce the most exorbitant arbitrary papall jurisdiction , usurpation over the consciences ▪ priviledges of christians & ordinances of christ , that was ever yet heard of or exer●ised in the christian world ; make every minister more thē a pope every member of a congregation worse then a slave , and give greater authority to every ordinary pastor , then ever christ or ●is apostles exercised , or the pope or prelats hitherto claimed . thirdly , then it would inevitably follow , that in case the whole presbytery , classis or synod should deem a man , upon any appe●l unto them against his ministers unjust suspension , worthy and fit to receive the sacrament ; yet if his ministers judgement and conscience be not satisfied ▪ but he deems him still ●nworthy , he may , will and must still refuse to administer the sacrament to him , notwithstanding their resolution , else he should offend against his owne judgement and conscience . so on the other side , if the presbytery , classis ▪ synod , should vote any man unworthy and unfit to communicate ▪ yet if the minister think him fit he may , wil and must admit him to the sacrament if he r●quire it lest he should sin against his conscience ; and then to what end serve presbyteries classes , synods , or appeales unto them in such ●ases ; since upon my opposites objected ▪ princi●les ( if they will adhere unto them ) not their resolutions ▪ but every particular ministers private j●dgment , conscience , is and ought to be the sole canon and directory which he will , must and ought to follow , and then to what a miserable slavery shall we be re●●●ed , if every minister may have snch authority to lord it over the lords inheritances and ordinances too , let all prudent men determine . these six conclusions premised , which have utterly overt●rned the very foundations o● this strange objection , and laid the opposites on their backs ; i answer directly , that a minister in delivering the sacrament to a scandalous , unexcomm●nicated person , who ●fter admonition of the danger , doth earnestly desire to receive it , as conceiving himselfe in his owne heart and conscience meet to participate of it , becomes no way guilty of his si●ne or punishment , in case he eat and drink judgement by his ●nworthy receiving of it : my reasons are th●se ; first , because this receiver being not excommunicated , hath a true ●ight to this sacrament , as a vi●●ble member of the visible church , as well as to baptisme and other ordinan●●s ; therefore the ministers cannot in point of conscience debarr● hi● fro● it . secondly , be●●use he hath no commission from christ to keep bac● ▪ such a person , nor yet any such power from the church or state . thirdly , because every communicant is to examine himselfe and his owne conscience between god & him , whether he be fit to receive the sacrament or not , and to be the judge of his owne heart , which no other can so truly discerne as himselfe , 1 cor. 11. 28. 31. 2 cor. 13. 6. gal. 6. 4. 5. jer. 17. 9. 1 cor. 2. 11. and if he judge himselfe fitly prepared , joynes with others in the publike confession of his sinnes , and promiseth newnesse of life , the minister ought in point of charity to deem him so , and hath no commission from christ to exclude him ; when christ himselfe instituted and administred this sacrament , we read not of any examination made by him of his disciples fitnesse or preparednesse to receive it ; nor yet of paul or any other apostle or minister in the new testament , that made any such particular scrutiny into other communicants consciences to try their fitnesse or unfitnesse , as some now magisterially take upon them to make by way of jurisdiction ▪ not advice , derived originally from popish tyranny , and their exploded practice of auricular confession to a priest , before the receiving of the sacrament ▪ : all the power they claimed or exercised in this kind ▪ was onely by way of councell ; let a man therefore examine himselfe , not others , or others him ( say all old and new expositors on the text ) and if they may not examine , then much lesse judge or seclude him as unworthy ▪ without examination or knowledge of his heart , which god onely knowes and searcheth , and himself . fourthly , because he administers the sacrament to him as to a person outwardly fitted and prepared , the inward preparation of whose heart , for ought he knowes may be sincere towards god , & really changed from what it was before . fifthly , because the administration of the sacrament is an holy lawfull action , and gods ordinan●ce in the minister , who delivers it onely as gods ordinance , in obedi●nce to his command , with a good intention to benefit all , and hurt none by it . sixthly , because such a persons unworthy receiving is onely contingent and casuall ; no minister , or creature being able infallibly to judge , whether god at this instant ▪ out of his abundant mercy , may not by the omnipotent working of his spirit , in the preparatory examinations , prayers , exhortations before the act of receiving , & in the very receiving it selfe ( the sacrament being as well a meanes to beget as confirme grace ) change both his heart and life , and make him eat and drink salvation , instead of damnation to himselfe . seventhly , because all our opposites accord , that ministers may and ought to admister the sacrament to masked hypocrites , and unregenerate civill morall christians , who live not in open scandalous sinners , though these for want of faith and sincere repentance doe all eat and drink judgement to themselves as well as scandalous open sinners : yea , most of them acknowledge , that if the classis or pre●bytery , shall judge any man whom the minister deems ignorant , scandalous and unworthy to communicate ; to be a meet communicant , contrary to the ministers judgement and conscience , yet he may nay must admit and administer the sacrament to him . i would then demand of my antagonists , whether in this case the minister be guilty of these receivers sinnes and unworthy receiving ? or whether their similitude of a cup of poyson holds in such a case ? if yea then why wil they thus inforce them to commit a sin against their conscience● ▪ and to par●ake of other mens sins in these cases by administring the sacrament to them ? if not , then they yeeld their objection false , in the case of scandalous persons too , there being the same ●●worthy p●rticipation in both . seventhly , because the minist●r onely gives the sacrament , and the unworthy rec●iving , is the receivers owne personall act and sinne alone , not the minist●rs , as is his unworthy hearing , praying , acting . eighthly , because else christ , who was guilty of no sinne , sho●ld have been partaker of i●das his sinne and u●worthy receiving , in administring the sacrament to him , knowing him infallibly to be a traytor , theefe , devill , and sonne of perdition , which were blasphemy to affirm : and if it were no sin in christ , then not in others , to give the sacrament to known unworthy receivers , since they do but follow his example . ninthly , because the minister in administring the sacrament , is a sweet savour of christ , as well in those that perish by it , as in those that are saved and benefitted by it , as he is in preaching the gospell ; god having appointed it secondarily and contingently ( as well as his word ) to be a means of aggravating mens sins and condemnation , to magnifie his justice , as well as an instrument of grace and salvation to magnifie his mercy , 1 cor. 11. 25. to 30. finally , the holy ghost himselfe expresly resolves in positive tearms , that he that eateth and drinketh unworthily , eateth & drinketh damnation or judgment to himselfe ( not to the minister or other communicants , ) and drawes guilt , judgements onely upon himselfe , verse 27 , 30 , 31. thus all the ancient and moderne comentators on this text , together with gratian , causa 1. quest . 1. iv● carnot●nsis decretal . secunda pars , resolve unanimously against the donatists ; and this the objectors owne practice heretofore , in delivering the sacrament to such , without thinking themselves guilty of their sin , having exhorted , admonished them of the danger , and so done what in them lay to keepe them off , refutes . this new doctrine therefore of theirs , is point-blank against the scripture , saint pauls expresse resolution , the practice and judgement of all antiquity , their owne opinions , practice heretofore , and others now ; whether of these are to be credited herein , let themselves determine . finally , the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , in this text , which you render damnation , signifies naught else but judgement , as the margin of our bibles render it ; that is , some temporall judgement , as sicknesse , weaknesse , death , and such like punishments , as v. 30 , 31 , 32. directly expounds it , and most expositors on this text resolve ; not eternall condemnation , as you misinterpret it , as mat. 5. 21 ▪ 22. c. 7. 1 , 2. 1 pet. 4. 7. will fully clear . therefore the very founda●ion of this objection , is a meere mistake . as for the much pressed similitude of a cup of poyson , which hath deluded many , it is but a meere fallacy , and differs in many particulars from the cup in the lords supper : for first , the cup in the lords supper is no poyson in it selfe , neither can any minister certainly determine , that it will prove poyson to the soule of any one par●icular communicant , no more then the word or other ordinances ; for it may for ought he knowes , prove a soveraigne medicine to those very persons through gods blessing , to whom he thoug 〈◊〉 it might prove poyson ; and therefore if a physician give a whole some potion to one , to whom it may in probability prove a medicine , not a poyson ; and it proves poyson to him onely by accident , through his distemper who receives it ( as many physicall potions doe ) this certainly is neither man-slaughter nor murther in the physician , as the objectors ignorantly mistake , ( for then i doubt all the physicians obout london would soon take a ●urne at tibur●● . ) set then the similitude right , as it stands paralell with the sacrament in this respect , and it vanisheth into nothing , or else turnes against you : secondly , it is a meere arbitrary , voluntary act in men to give a poisonous potion to him that shall demand it , & they have free power to keep it from him if they please : but on the contrary , the minister hath no power to deny the sacramentall cup and bread to any seeming penitents that desire it , and doth but his duty in administring it , as i have manifested ; therefore it can be no crime in him : thirdly , you may make the same argument against the ministers preaching the gospell to obstinate scandalous sinners , since his very preaching doth encrease their sinnes and damnation , as well as his administring the sacraments to them , mat. 10. 14 , 15. heb. 6. 6 , 7 , 8. now whereas they object , that the admission of unexcommunicated wicked scandalous persons to the sacrament , is more then an arbitrary , tyrannicall , papall domineering over the consciences of ministers , elders , and godly people : it 's a meere untruth and scandalous assertion , as all the premises demonstrate ; never affirmed by any classicke author till this age ; and though a real errour in many consciencious persons who beleeve it as a truth , yet i fear & partly know , that many who now object & urge it , do not cordially beleev it as a truth , but rather make use of it as a received error the more easily to usurp unto themselves a meere arbitrary , if not tyrannicall authority over their congregations consciences , and gods ordinances , in admitting to , excluding from them whom they please : the very extremity of that arbitrary , episcopall , papall power , which we solemnly vow against in our nationall covenant , and have taken up arms against in the field : and so much concerning this grand difference , the importance whereof hath made me more prolix and copious . the eighth thing in controversie is , whether ministers may not as well refuse to preach the word to such unexcommunicated grosse impenitent , scandalous christians , whom they would suspend from the sacrament , for feare of partaking with them in , and being guilty of their sinnes , as to administer the sacrament to them ? since their unprofitable hearing of the word , is every wayes as dangerous , as damning a sinne to their soules , as their ●nworthy receiving the sacrament , and those who eat and drink damnation to themselves , in the one , doe but heare and multiply damnation to themselves in the other ? 2 cor. 2. 14 , 15 , 16. mat. 10. 14 , 15. mark 16. 15 , 16. luke 8. 18. heb. 2. 1 , 2. chap. 2. 7 , 8. chap. 6. 6 , 7 , 8. the rather , because that oft alleaged text of matth. 7. 6. give not that which is holy unto dogs , neither cast you your pearles before swine , least they trample the● under their feet , and turne againe and teare you : is properly meant of preaching the word , t●o administing the sacrament unto such ; as is evident by mat. 10. 14. mark 16. 15 , 16. acts 13. 46. 51. and whether any reason can be given by our opposites , why such as these should be admitted by themselves , to heare the word , without any scruple , guilt , or participation of their sinnes , and yet be totally secluded from this sacrament , under paine of being guilty of their unworthy receiving ? to this pressing demand , our antagonists answer v●riously , putting sundry groundlesse differences , between the preaching of the word , and administration of the sacraments , which i shall severally examine . first , they say , that a minister preacheth the word to many unprofitable hearers , not knowing them to he such , in hope to convert and profit them , if there be any such in the auditory : so also he gives the sacraments to some unworthy receivers , not knowing them to be such , with an intention to doe them good : and in such cases he is blamlesse : ( thus far then there is no such difference , as is surmised . ) but ●f he give the holy seals of christs body and blood to scandalous and impenitent persons , he knows he gives them damnation to eat and drink ; and is half sharer with them in the sinfull act ; so that though unworthy hearing and receiving be equally damnable , to the hearers and receivers , yet not equally dangerous to the ministers . i answer to this latter clause , wherein the difference is pretended : first , that the minister doth as certainly know , that if he preach the word to obstinate , scandalous , impenitent sinners , he doth but preach damnation to them in his sermons , as that he doth give damnation to them in the sacrament mark ▪ 16. 16. heb. 6. 6 , 7 , 8. matth. 10. 14. 15. and those whom he certainly knowes to be such scandalous and impenitent receivers , he cannot but know ●o be first impenitent , scandalous hearers , since the sermon preceeds the sacrament : therefore if he be guilty of their sin or damnation , in giving the sacrament to them , he must be likewise in preaching to them . secondly , this evasion is built upon two false principles : first , that a minister may and doth ●ertainly know , that if he give the sacrament to one who hath been formerly an impenitent scandalous sinner , but now comes openly and confesseth his sinnes , promiseth reformation for time to come , and is desirous to receive the sacramentall signes of the pardon of his sinnes , with the rest of the congregation , with expresse promise and desire to become a new man ( as all receivers ever externally doe ) that he gives him damnation to eat and drink : this i am certaine no minister can infallibly know or affirme , because he knows not the present change or inclination of his heart , or whether god by ●his very duty may not really convert him : secondly , that the minister who sorewarnes men of the danger of unworthy receiving , and admonisheth the communicants seriously to examine themselves , and come prepared to the sacrament , or else to forbeare , is guilty of the unworthy rec●ivers sinnes ; which i have already disproved . therefore this diversity vanisheth into smoke . secondly , they alleadge ; that the lords holy table in the holy communi●n , 〈◊〉 a place of gods more holy presence then the common auditory , where we come neerer unto god ▪ and receive with the word and promis●s particularly appli●d to 〈◊〉 the seales of o●r co●●union with christ , and of our right and int●res● in him , and all his benefits : but preaching to a co●●on auditory , is a generall pr●pounding of the word and promises to all , not a particular application of it to any : therfore there it ●ore danger and greater sinne in admitting ●●worthy receivers to the lords table , then in preaching to them ; at app●ares in aarons two sonnes , levit. 19. 1 , 2 , 3. and uzzah , 2 sam. 6. 7. to which i answer ; first , that the beginning of this distinction , is just the late archbishop of canterburies doctrine , in his speech in starre-chamber ( so much distasted in former times ) who produceth this for a reason , why we should bow to the table and altar , not to the pulpit , pag. 47. we must bow towards the altar as the greatest place of gods presence on earth ; i say the greatest , yea greater then the pulpit ; for there it is , hoc est corpus meum , this is my body ; but in the pulpit , ▪ t is at ●ost but ▪ hoc est verbum meum , this is my word ; and a greater reverence no doubt is du● to the body , then to the word of the lord ; and so in relation answerably to the thr●n● where hii body is usually present , then to the seat whence his word useth to be proclai●ed ; which i have elsewhere at large refuted , proving gods presence and spirit , to be as much , a● really present in other ordinances as in this , from matth. 28. 20. and other texts . secondly , this passage proves this sacrament to be as converting , yea , a more converting ordinance , then preaching of the word , which my antagonists positively deny . thirdly , in the preaching of the word , there is or ought to be a particular application of it to all the auditors severall consciences , sinnes , conditions , as well as in the administration of the sacraments : witnesse experience , and acts 2. 23. 37. 38 , 39 , 40 , 41. chap. 3. 14 , 15 , 17 , 19. matth : 24. 45 , 46. luke 12. 42. therefore this is a difference without a diversity . fourthly , the examples of arons sonnes , and uzzah , are impertinently alleaged , since they relate not to the sacrament , and rather respect unworthy ministers , then communicanst . thirdly , they object , that the minister in giving the sacrament to knowne impenitent sinners , pr●acheth ●ost palpable lyes against his owne conscience , when he s●●h , the body of christ was broken for you , and his blood shed for you ; when as in preaching the word , the ministers of christ propound the truth to wicked men generally , but not partic●larly apply any word of co●fort , or pro●ise of blessing to any ●●profitable hearers , b●t ●pon condition of repentance . to this i answer ; first , that the minister doth not administer the sacrament to any knowne impenitent sinners under that notion , but onely as penitent sinners , truly repenting of their sinnes past , and promising , purposing to lead a new life for the future , as the exhortations before the sacrament and their publike confessions before the whole congregation manifest . secondly , he useth these words , the body of christ which was broken , and the blood of christ shed for yo● &c. not absolutely , but conditionally onely ▪ in case they receive the sacrament worthily , and become penitent and beleeving receivers , as they all pro●esse themselves to be , just so as they preach repentance and remi●sion to their auditors ; therefore the case is just the same in both without any difference . thirdly , the particular delivery and recitall of the words by the minister to every communicant , is not simply necessary , nor of divine , but humane institution onely , though usually and warrantably practised amongst us . therefore this new distinction is of no moment . fourthly , they surmise , that they have an expresse command to preach the gospell to every creature without exception , to pagans as well as christians , matth. 28. 19 , 20. marke 16. 15. rom. 10. 18. but they have no such command to administer the sacrament to all , but onely to worthy receivers . i answer ; first , that this precept principally respectes none but the apostles , who were sent to preach the gospell to all nations and creatures , and endued with the gif● of tongues to that purpose ; not ordinary preachers , who confine themselves usually to particular congregations , countries , and have no extraordinary guift of tongues enabling them to preach to all naions in their owne language , as the apostles had , acts 2. secondly , though the sacrament must not be administred to heathens , to whom the gospell may and must be preached , before they beleeve and professe christ ; yet it must be administred to them as well as baptisme , after their beliefe and profession of christ ; since it appeares by the very objected texts , that as they were to preach the gospell to all nations , creatures , and sorts of men , so they were to baptize them likewise , and by consequence to administer the other sacrament of the lords supper to them , as well as baptisme : as the 1 cor. 10. 1. to 6. 16 , 17. 21. chap. 11. 20. to 34. compared with matth. 26. 20. 27 , 28. marke 14. 18 , &c. luke 22. 14 , &c. manifest . thirdly , the sacrament of the lords supper belongs of right to all visible knowing members of the visible church , as well as the sacrament of baptisme , as i have formerly evidenced ; and as the confession of saxony resolves in these tearmes ; the sacraments of baptisme and the lords supper are so instituted , that every man may use them , because they be pledges and testimonies , which declare , that the benefits promised in the gospell doe ap●rtaine to every one ; for the voyce of the gospell is generall , &c. this distinction therefore is invalid . fifthly , they consent , that they ought not to preach the word , to scandalous impenitent sinners , who turne apostates , wilfull scorners and persec●tors of the gospell , who doe but the more rage and are ●ardned thereby ; it being a prophanation of holy things , a giving of holy things to dogges , and a casting of pearls before swine , mat. 7. 6. chap. 10. 14. acts 14. 51. ergo , they must not give this sacrament to such . i answer , that by this they fully grant what i contend for , to wit , that such dogges and swine who ought to be suspended from the sacraments , ought likewise to be suspended from hearing the word ; so that they do herein justifie and subscribe to my opinion instead of refutingit . for my part , i never contested ▪ that such dogs and swine as these , ought to be admitted to the sacrament , but they ought to be totally excommunicated , as well from the word , and all other ordinances , as from the lords supper ; not secluded from it alone , and admitted to all the rest : only here the question between us will be , who are those dogges and swine that our saviour intends , matth. 7. 6 ? certainly not every christian that relapseth againe and againe into severall scandalous sinnes , against his pomises , vowes , covenants , as the best men many times may doe , by reason of the strength of their sins and corruptions , before they can totally subdue them pro. 24 , 16. psal. 34. 19. psal. 38. 3 , 4. psal. 40. 12. james 3. 2. matth. 18. 22 gal. 6. 1. nor yet every scandalous sinner , who repaires to the word and sacraments , with a desire to heare and receive the same , and joynes with the congregation in the externall confession and bewailing his of sinnes , promising , vowing repentance and a new life ; surely such a● these are no dogges nor swine within our saviours precept , as you surmise ; for then by your owne confessions , you ought not to preach unto them , but seclude them from the word , ( of which this text is principally intended , ) as well as sacraments ; but onely such infidels and heathens who refused to embrace and beleeve the gospell , andharbour or entertaine the preachers of it ( which many scandalous sinners are very willing to doe ) or such open contemners , persecutors of the gospel and ministers of it , who run upon and teare the preachers thereof , trampling the pearls of the gospell , and the tenderers of them under their feet , as the text resolves in terminis , matth. 7. 6. chap. 10. 14 , 15. luke 9. 5. acts 13. 46 , &c. or , open apostates from the christian faith , which they once embraced , but after , return with the dogg● to his vomit , and the sow that is washed , to her wallowing in the myre , trampling under feet the sonne of god , and counting the blood of the covenant wherewith they were sanctified , an unholy thing , offering despight to the spirit of grace , denying the very lord that bought them , and contemning christ himselfe ( as julian the apostate , with others did ) a● saint peter and paul expresly determine , 2 pet. 2. 1 , 2. 21. 22. heb. 10. 28 , 29. chap. 6. 4. to 9. to apply this text then to such scandalous sinners , who duly repaire to the publike ordinances , desire to participate in them , and externally professe reformation and repentance ( of which the controversie onely is ) is a meere perverting of this text , and an application of it unto such , whom christ did never intend thereby , as these parallel texts demonstrate : however , certaine i am , this text extends not to any pious , penitent , beleeving christians , truly fearing god , who out of judgement , conscience , dare not joyn with sectaries in their new independent wayes of separation , to whom our independent ministers , anabaptists , & other separatists , are so uncharitable , unchristian , that they will not admit them nor their children to the sacraments , in their separate congregations , nor communicate with them upon any tearmes , for feare of giving that which is holy to dogges , and casting pearles before swine ; such , and no better are the holiest , best of our presbyterian ministers , and churchmembers estimated in their uncharitable pharisaicall , unbrotherly opinions . god grant unto them more charity , and lessespirituall pride , which of all sinnes ●he , d●serves most to be excommunicated out of all christian hearts and congregations . but their sixth and last difference , wherein they all accord , yea place their strength , ( being indeed the very foundation of their mistake , ) this great controversie of suspension from the sacrament , & so requiring a fuller answer , is that which ou● reverend brother of scotland insisted on i● his conorov●sall fas● sermon , that the preaching of the word is a converting ordinance , and therefore ought to be preached to scandalous sinners , to convert them from their sins ; but the sacrament of the lords supper is no converting , but onely a sealing and confirming ordinance , instituted , not to beget , but ●ncrease faith and rep●●tance where they are formerly b●gun ; and therefore not to be administred to such , to whom they can seale no pardon of sinne , nor covenant of grace . the same distinction hath likewise been used in a sermon at wool-chu●ch , and is subscribed to by all the three printed answers to my four queries . to which i answer ; first , that the sacrament of the lords supper is a converting as well as a sealing ordinance . for the better cleering wherof , we must distinguish of two sorts of conversion and sealing , which our antagonists , to delude the vulgar , have ignorantly , wilfully or injudiciously confounded : first , there is an externall conversion of men from pag●●is●e or gentilisme , to the externall profession of the p●ith of christ ; which is ordinarily wrought by the preaching of the word ; or extraordinarily , by miracles without the word preached , in reference to those without the church ; but ordinarily effected by the sacrament of baptisme , in reference to infants of christian parents borne within the church , which sacrament both admits and makes them members of the visible church ( without the preaching of the word of which infants are not capable , ) acts 2. 37. to 43. 1 pet. 3. 20 21. joh. 3. 5. 1 cor. 7. 14. secondly , there is a conversion from a meere externall formall profession of the doctrine and faith of christ , to an inward spirituall embracing and application of christ , with his merits and promises to our soules , by the saving grace of faith , and to an holy christian reall change of heart and life : in this last conversion , the sacrament of the lords supper is not onely a sealing or confirming , but likewise a regenerating and converting ordinance , as well as the word . there is likewise a double sealing ( if we admit this sacrament or baptisme to be seales , though never once * stiled seals in any scripture text : ) 1. a visible externall sealing of the pardon of sin , & gods promises in the blood of christ to our outward sences . 2. an internall invisible sealing of them by the spirit , working in , by the word and sacraments , to our soules : in the first sense , this sacrament is a seale to all receivers , even to those who are scandalous and unworthy , who receive only the outward elements ; in the second sence , only to worthy , penitent , beleeving receivers , who receivethe inward invisible grace as wel as the outward signes : the first , seales all gods promises and a free pardon of all our sinnes onely conditionally , if we truly repent , lay hold on christs passion , merits , promises , and apply them to our soules by a lively saving faith , and sincere repentance ; the second seales them to us absolutely , because we have thus embraced and applyed them . these distinctions premised , we may easily discover the falsity of the antagonists surmise , that this sacrament is no converting , but onely a sealing ordinance ; and that onely to true beleevers , and worthy receivers , to whom alone it seals the pardon of sinne , and promises of the gospell ; for proofe whereof , they produce neither reason nor scripture , but their owne bare confident groundlesse assertions , which i shall thus refute because it is a very common dangerous error . first , our antagonists unanimously grant , that the sacrament belongs to all unscandalous members of the visible church , capable of self-examination , and not actually excommunicated , to close hypocrites , & morall carnal christians , not really regenerated , converted , yea to scandalous persons unconvicted , whom they professe no minister hath any power to suspend from the sacrament , upon his owne particular private knowledge of their guilt . if then the sacrament be onely a sealing or confirming ordinance of true grace , when and where it is already begun , then it were altogether impertinent and ineffectuall unto civill carnall christians ; therefore do ubtlesse it is and was intended by christ for a conv●rting ordinance to all such as these , to turne them from their evill wayes , and work saving grace within their hearts , since it can have no other proper primary effect in such : certainly god and christ bestow no ordinances upon men in vaine ; therefore their intentions in instituting this supper even for such visible morall unregenerate christians , as well as reall saints , must necessarily be for their conversion , not their confirmation and sealingonely , in that sense as they interpret it . secondly , all ordinances of christ that tend to edification , confirmation , or encrease of grace , are more or lesse conducent to begin or beget grace , converting , as well as strengthening ordinances ; the preaching , reading , hearing of the word , which comfort , strengthen and build up men in grace , doe likewise ( by our antagonists free confessions ) convert and beget grace ; why then should not the sacrament doe the like ? ●ince gods spirit equally breathes and works in all his ordinances , and may and doth regenerate and beget grace in mens souls , by what ordinance he thinks best , working in and by every ordinance , as well as by any : the rather , because christ instituted this sacrament to be frequently received , when a● baptisme only is but once administred , for this very end , that those who often fall into sin through infirmity , may likewise by this supper often rise againe , be refreshed , comforted , and get strength against their sinnes and corruptious : and is it not then a converting as well as a co●firming ordinance , fit for sinners to resort to ? the sacraments are by all divines whatsoever , and the very directory , page 52. ever enumerated among the means of grace and salvation ; why then should they not be meanes of converting and begetting grace , as well as strengthning and consirming it ? as your selves affirme . thirdly , the very receiving of the sacrament , even in unregenerate persons , is for the most part accompanied with such particulars , as are most effectual to convert & beget grace in mens hearts : as first , with a previous externall ▪ serious examination of their own hearts and estates , between god & their owne consciences , for which there are divers pious rules and directions published in printed books of devotion , which most communicants ordinarily read and make use of before their resort to the lords table . secondly , a solemne searching out of all their open or secret sinnes and corruptions , past or present , accompanied with a serious , particular , private confession of them , a hearty contrition and humiliation for them , private prayers to god for pardon of , yea power and strength against them ; secret purposes , vowes and resolutions for ever to relinquish , war , strive , fight against them , and avoid all occasions which may ensnare them in them . thirdly , sundry pious , soul-ravishing meditations , both in regard of their sinnes , gods mercy and justice , christs merits , death , passion , the end and use of the sacraments , &c. which make deep temporary impressions on their hearts , spirits , and work an extraordinary change both in their resolutions , minds , spirits , conversations for the present , and many times for the future . fourthly , flexanimous exhortations ; admonitions , comminations , directions , prayers by the ministers in the congregation , before , in , & after this duty , which operate , penetrate more upon sacrament-dayes , upon communicants of all sorts ( as experience manifests ) then at other seasons . now whether the receiving of this sacrament , usually accompanied , and set on upon mens spirits , with such most effectuall powerfull , likely meanes of conversion , be not a most apt and proper ordinance to regenerate , reclaime , convert ungodly , scandalous sinners , and more likely to regenerate and change their hearts , lives , then the bare word preached , or any other ordinance , at least wise more effectuall to convert and amend them , then any rigorous suspensions of them from the sacrament , let every mans conscience and experience judge . fourthly , all our antagonists accord , that we have a more immediate intercourse and communion with god and christ in this sacrament , then in any other ordinance whatsoever , where in the outward elements we behold christs death and passion visibly represented to our eyes , and by them unto our hearts , and more lively , more particularly applyed , and the remission of our sins more sensibly sealed to us then in any other ordinance ; from whence i thus infallibly conclude against these opposites : that ordinance wherein we most immediatly converse with god and christ , and have more intimate visible , sensible communion with them then in any other , is certainly the most powerfull and effectuall ordinance of all othecs , to humble , regenerate , conve t , and beget true grace within us , and most probable converting ordinance of all others ; because the manifestation , revelation and proximity of god and christ to the soule , is that which doth most of all humble and convert it , as is evident by job , chap. 38. to 41. compared with chap. 42. 1. to 7. isa. 6. 1. to 9. luke 5. 7 , 8 , 9. psal. 148. 14. isa. 55. 6. zeph. 3. 2. hab. 10. 21. eph. 2. 13. 17. james 4. 8. but the sacrament of the lords supper by our antagonists own confession is such : ergo , it is a converting , as well as a confirming ordinance . fifthly , what is it that makes the word it selfe a converting ordinance ? ●s it not the particular revelation and application of the promises of the gospell , of christs merits , death and passion to the soule , by gods holy spirit , not the meere outward voyce or sound ? 1 cor. 1. 23 , 24. chap. 2. 2. to 6. if so , as all must grant , then certainly this sacrament , which by our antagonists confession , doh most particularly , fully , lively , effectually , and sensibly apply the promises , yea , the death , passion and merits of christ unto every communicants eyes , eares , heart and soule , far livelier then the word preached doth , 1 cor. 11. 14. to 30. gal. 3. 2. must be a converting ordinance , and not a meere consirming ordinance , as they pretend . sixthly , all grant , that god doth as effectually teach , convert & work grace by the eye , as eare ; for first , the very book of nature and contemplation of the creatures instruct us , that there is an invisible god , & is enough to leav men without excuse , and through gods blessing sufficient to raise up excellent meditations tending both to sanctification and conversion , psal. 8. 3. to 9. psal. 19. 1 , 2 , 3. ps. 100. & 104. throughout , job 31. to 42. rom. 1. 28. to 25. acts 17. 23. to 30. c. 14. 17. secondly , all the externall sacrifices of the old law , together with the sacraments of circumcision and the passeover , did instruct and teach gods people who participated of them , or were present at them , by the eye , and were both edifying and converting ordinances , as well as confirming , as all doe and must acknowledge . thirdly , the severall miracles of the prophets under the law , of christ and his apostles under the gospell ( which converted thousands without preaching ) did convert and regenerate men by the eye without the eare ; the very sight of the miracles being the ground and cause of their conversion and beleeving , john 2. 11. 23. chap. 3. 2. chap. 4. 52 , 53 , 54. chap. 6. 2. 26. ch. 7. 31. chap. 16. 41. 4. chap. 12. 18. 19. chap. 11. 45 , 47 , 48. acts 1. 12. to 17. chap. 6. 7 , 8. chap. 8. 6. 13. chap. 15. 12. acts 19. 11 , 12. matth. 15. 30 , 31. luke 5. 25 , 26. 1 kings 18. 38 , 39. exod. 18. 31. fourthly , experience and scripture informe us , that the things we see with our eyes , doe more affect and beget deeper impressions in our hearts , then the things we heare , lam. 3. 51. hence is that speech of our saviour himselfe , to those who had the happinesse to see his person ; blessed are your eyes , for they see , &c. matth. 6. 16. luk. 10. 23. hence old simeon , when he beheld our saviour , was so ravished at the sight , that he brake out into these patheticall expressions ; lord now lettest th●n thy servant depart in peace , according to thy word , for mine eyes have seen thy salvation , &c. luke 2. 29 , 30. yea , luke expresly records , chap. 23. v. 46 , 47 , 48. that when the centurian saw our saviour on his crosse , giving up the ghost , he glorified god saying , certainly this man was a righte●us man : and all the people that cane together to that sight , beholding the things that were done , s●ote their breasts and returned . if then all these visible objects , sacraments , sacrifices , types , miracles , and the very beholding of christs person , passion , without the word , were the most effectuall meanes of working contrition , conversion , beliefe and faith in christ in the spectators , by the eye ; why should not the visible expressions of christs crucified body , blood-shed , passion on the crosse , most lively presented to our eyes and sences in this sacrament , even as if christ himselfe were againe actually crucified before our eyes , gal. 3. 1. 1 cor. 11. 25 , 26. have the like effectuall converting , regenerating operation on our hearts and spirits , as well as these other visible objects ? seventhly , all divines accord , that the most humbling , melting , sin-purging , mollifying , soul-changing meditation of all others that men can fix on , is the serious contemplation of christs bitter death and passion on the crosse ; that our particular sinnes did wound , pierce , not onely his hands , feet , side , but his very soule ; that he was bruised for our iniquities , &c. and yet that such is his suparlative goodnesse , mercy , pity , that forgetting all these indignities ▪ provocations , he heales us by those his very wounds which we have made , and washeth away our sinnes in that very blood of his , which we have shed . no meditation comparable to this , to reclaime ah obstinate sinner , mollifie an adamantine heart , humble a proud spirit , reforme a sinfull life , regenerate and convert a carnall heart . and is not this most passionately , lively , really and effectually represented to our eyes , hearts , in this very sacrament , in a more powerfull prevailing manner then in the word alone ? and can any then deny it , to be as converting , yea a more humbling , regenerating , converting ordinance then the word , which is likewise commonly joyned with it ? doubtlesse if this sacrament be not a converting ordinance in this regard , i know not any which can be so reputed . eighthly , all accord , that our owne corporall externall ( a ) afflictions are many times without the word , the meanes of our repentance and conversion unto god : and the scripture is expresse they are so . if then our owne afflictions are , or may be a converting ordinance , then much more the sacrament , wherein the afflictions of christ himselfe are so visibly set forth before our eyes . ninthly , that ordinance whose unworthy participation is a meanes of our spirituall obduration , must , by the rule of contraries , when worthily received , be the instrument of our mortification , conversion , salvation ; but the unworthy receiving the sacrament , is a meanes of our spirituall obduration and damnation , 1 cor. 11. 27 , 29. therefore its worthy receiving must needs be an instrument of our humiliation , mollification , conversion and salvation . tenthly , the severall ends and purposes for which this sacrament was ordained , and of which it minds men when ever they receive it , prove it to be a sweet regenerating and converting , as well as a confirming ordinance . as first , the keeping of christians in perpetuall memory of christs death and propiciatory sacrifice on the crosse , of purpose to convert and reconcile them unto god , 1 cor. 11. 26 , 27. gal. 3. 1 , mat. 26. 28. secondly , the ratification and sealing of all the promises & covenants of grace unto the receivers souls , 2 cor. 1. 20. thirdly , to be a pledge and symbole of that most neere and effectuall communion which christians have with christ , and that spiritual union which they enjoy with him , 1 cor. 10. 16. ephes. 5. 25. to 35. fourthly , to feed the communicants soules in assured hope of eternall life . fifthly , to be an assured pledg unto them of their spirituall and corporal resurrection . sixthly , to seal unto them the assurance of everlasting life upon their sincere repentance , and embracing of jesus christ for their only savior . seventhly , to binde all chistians , as it were by an oath of fidelity , and obliege them forever to the service of christ , who died for us to this very end , that whether we live we should live unto the lord , or whether we dye we should dye unto the lord ; & that living and dying w● should be ever his , rom. 14. 7 , 8 , 9. 2 cor. 5. 14. to 19. from whence it is called a sacrament , or oath by divines . now i beseech my antagonists to informe me , how it is possible that a sacrament ordained for such and so many spirituall ends , ( every one of which is most powerfull to operate upon the flintyest heart and obduratest spirit ) should not in all these regards , both in gods intention and christs ordination , be a converting , as well as a sealing ordinance ; since that which doth seal all these particulars to mens soules , and represent them to their saddest thoughts , must needs more powerfully perswade , pierce , melt , relent , convert an obdurate heart and unregenerate sinner , then the word it self , when but nakedly preached , which comes not with such advantages upon impenitent hearts , as this sacrament doth in all these respects . eleventhly , i would but demand of the opposites , what true conversion is ? is it not a sincere universall turning of the whole frame of a christians inward and outward man , from the love and service of the world , flesh , devill , sin , unto the cordiall love , service , obedience of god in christ ? and is there any ordinance , engine , instrument , so probable , so prevalent to effect it as this sacrament , in all the forecited respects ? certainly none at all . twelfthly , ( to spend no more arguments in so cleere a case ) i appeale to every christians conscience ; whether their own experience will not ascertaine them , that the sacrament is a converting ordinance , turning their hearts from the power and love of sin , to the service , love of god and christ ; and strengthning them against their corruptions ; temptations , as well , as much as the word , if not far more . and cannot many thousands of converted christians experimentally affirme , that their preparations and approaches to this holy sacrament , were the first effectuall meanes of their conversion , yea that they had not been converted , had they beene debarred from it for their former scandalous lives ? for shame therefore disclaim this absurd irreligious paradox , for which there is not the least shadow of scripture , or solid reason . if then the sacrament be a converting as well as a sealing ordinance ; then questionlesse no unexcommunicated scandalous person , who is fit to heare the word , and joyne in any other converting ordinances , as fasting , prayer , &c. ought to be debarred from this , it being one of the most effectuall principall meanes which christ himselfe b who invites all heavy-laden sinners to come unto him ) hath instituted for their reall conversion . is it not ( i pray you ) a soul-murthering tyranny for any ministers or officers of christ without an expresse divine commission from him , to keepe backe any who externally professe his name , and are not utterly cut off from the society of the faithfull and all other ordinances , from this most effectuall lively meanes of their conversion , comfort or salvation ? to hinder them from taking spirituall physicke , because they are spiritually sicke of sinne ? may not the sacrament ( thinke you ) convert them as speedily , as probably as the bare word ? if men be corporally sicke , we will use all meanes , and debarre them from no one cordial or receit that may probably restore them to health ; and shall we not doe the like with sin-sicke soules ? if you say the sacrament may prove poison to them : therfore we dare not give it them . may not , nay wil no● the word & other ordinances prove poyson to them likwise as probably as i● , and yet you admit them without any scruple or dispute to them ? nay , let me a little retort the objection ; is not this sacrament of christs own institution , the wholsomest medicine , the comfortablest cordial to , & purposly ordained by him ●●r sin-sick-dying soules ? and is any potion more likly to recover , revive & strengthen them then this ? will you then adventure to detaine it , nay plead you must of necessity , under paine of mortall sin and damnation to your selves , deny it unto those who need it most and earnestly cry out for it , because it may possibly , through their present indisposition of spirit ( which is only infallibly knowne to god , not you ) prove dangerous or mortall totheir soules , when you deny it not to other civil carnal christians , to whom it is as deadly , as poysonous every whit ? is any parent or master so unnatural or sottish , to deny his children , servant wholsome meat , drink , to feed their bodyes , because perhaps they may turne to crudities , diseases ( as they doe in many ; ) or because they may possibly abuse them to excesse and riot , and so quite starve them for want of nourishment ? and shall any ministers be so irrationall or inconsiderate , as to deny the sacramentall food and nourishment of mens soules unto them , onely because possibly or probably they may receive them unworthily ( as the best too often do ) to the aggravation of their sin or present condemnation , and so starve their soules ? is any physician so absurd , as to deny his patient the most prevailing potion to recover him , because peradvetture it may prove dangerous , as all other physick may and will doe , if the very best prove deadly ? suppose any soules you thus keep back , without good warrant from christ himselfe , should despaire , dye , perish for want of this spirituall physick , cordiall , wilfully detained by you from them when desired , would not their blood be required at your hands ? it was an old generall error among many in point of phisick , which murdred thousands , to deny drink to those who were enflamed with burning-feavers , and earnestly cried out for it to quench their thirst , for feare of encreasing their feavers violence , which in truth it would have allayed , extinguished , if taken ; and therefore physicians of late have corrected this deadly mistake , by suffering such to drinke freely when they please , to extinguish the unnaturall heat , that else would kill them , which hath saved many such sick persons lives : i beseech you suffer not this old errour in physick and physicians to creep in among divinity and divines , in permitting them to deny the lords cup to such feaverish christians , burning in the flames of sinnes and lusts , who need it most to quench their flames , and cry unto you for it ; out of a fond conceit that it will prove poyson to them ; wheras you cannot deny but that it will probably , and for ought you certainly know , may through gods blessing , eventually prove the most effectuall meanes for their health and recovery , and not of their destruction . we all justly condemne the papists , for with-holding the sacramentall cup from the laity , to which they have a divine right , as well as the priests , upon pretended inconveniences ; and shall any then usurp a popish ●ower , not onely to deny the lords cup , but body too , to any who desire thē , and have a right , an interest in them , as visible members of the visible church ? we sharply censure all such ministers , who [ a ] deny or deferre the sacrament of baptisme to infants , especially in cases of sicknesse or danger ; and are not th●se as blameworthy , who deny or delay to give the sacrament of the lords supper to such of riper yeeres , who are ready and desirous to receive it ; when their soules for ought they know , may be as much endangered for want of it , as others are through want of preaching and other ordinances ? certainly if there be any danger in the unworthy receiving the sacrament , it is onely to those who desire it , not to those who administer it to them at their desire , with the forementioned cautions ; but if any hurt , dispaire , danger happen by their not receiving it , when desired ( as for ought any minister certainly knowes there may be ) the sin and danger is certainly theirs who refused to give it when requested , since therefore , a peradventure we may receive or do good by such a particular ordinance or action , is a sufficient encouragement for us to adventure on it in other cases , let it be also a warrantable ground and encouragement for ministers to administer the sacrament in such cases , where they have at least a probabilty , a possibility , a peradventure , it maybe , and an who knoweth but it may co●vert and doe th●m good , as well as a peradventure it may prove dangerous to their soules : remember , you are onely the ministers not lords of christs sacraments , ordinances , flock ; their stewards to give them the food of their soules in due season , not to with-hold it from them : and for a conclusion , think of these determinations of lucas osiander , against the anabaptists , de ecclesia , c. 6. qu. 3. etsi tenemur errantes & peccatores admomere , & si sieri pessit , in viam reducere , tamen nostrum non est in acceptione dominica caenae , illorum , sed nostra probare corda , sic dicente paulo , probet seipsum ( non alterum ) h●mo , & sic de pane illo edat , 1 cor. 11. justus sua side vivet , non aliena , abac. 2. ideoque , sive alius ●idem suam contammet , sive prorsus amittat , non tamen tu illius vel diffidentia ant infidelitate , vives vel morieris . et alibi dicit paulus ; unusquisque nostrum prose ( non pro alio ) rationem r●ddet dec : non ergo amplius invicem judicem●● , rom. 14. cum christus institueri● , caenam sua, sacram , aderat inter a●stol●s & jud●● , tradit●r christ , illius tamen indign●tas nihil detraxit reliquis apost●tis , neque jussi● illos christus , ●ropter jude praesentiam ( quem tamen christus jam proditor●● suum esse sciebat ) de mensa surgere , & excluso ill● ( n● contaminarentur forte & ipsi ) deni●● celebra●e coenam domini . ita etiam paulus de indignis scribit , quod illi ( non vero caeteri digne communicantes . ) sibi , non alijs recte accedentibus , manducent judicium . neque caeteros probatos abstinere jubet a sacrae coen● sumptio●● , sed indign●s , ad indigne se pr●parandum , coh●rtatur : dogma hoc anabaptisticum pr● se fert pharis●ic●m s●perbiam qua hujus●●d ▪ ho●ines se alijs ●eli●res esse putant ▪ & occup●ti circa alie●●s conscientias proprias suas neglig●nt ▪ fals●●mirum persuasi , sib ▪ diligentiore & can●a probatione ●pus non esse : deo a●tem hac pharisatca {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , vehementer exosa est : tantum igitur ocij est hisc● hominibus ● propria imbecilliate ut aliena potius , quam sua scrutentur . fieri praterea potest , ut de quo anabaptistie●●i pharisai pessi●● judicant , is , propter panitentiam cordis , qua nobis occulta esse potest , deo sit longe acceptior , quam superciliosus hom● , qui ●●ndem j●dic● , ●icuti publicanum ( quem tamen pharisaeus despiciebat , meli●rque ipso videbatur ) justificatum in domum suam descendisse , prae pharisaeo legimus , luke 18. ad ho● illud christi spectat , ejice prius hypocrita trabem ex oculo tuo , quam ex fratris oculo sestucam eximas , matth. 7. and thus much for their severall evasions of my third quere , in which i have been more prolix , because it is the very foundation of all our antagonists mistakes and errours in this controversie . onely this i shall adde for a conclusion ; that if all excommunicated persons ought by the law of god to be admitted to the preaching of the word , but not to christs supper ; as the antagonists determiue : then by their owne confessions and practice it wil inevitably follow , there is no absolute excōmunication at all by any divine institution left by christ unto his church ; since persons admitted freely to communicate every day with the saints and faithfull in the ordinary hearing of the word and prayer , are really unexcommunicated ; it being a flat contradiction , to say they are excommunicated , when thus admitted to heare the word , and to all other ordinances , but this sacrament onely . and thus by this very evasion they yeeld up their cause so much contended for at this present . the ninth thing in debate is , whether john 9. 21. 34 , 35. the jewes had agreed already , that if any man did confesse that he was christ , he should be cast out of the synagogue : and they cast him out ( or excommunicated him , saith the margin : ) and c. 12. 42. nevethelesse , a mong the chiefe piests also many beleeved on him ; but because of the pharises , they did not confesse him , lest they should be put out of the synagogue : and c. 16. 2. they shall put you out of their synagogues , &c. be any good proofe at all , that excommunication or suspention from the sacrament are of divine institution ; or an ordinance of christ which he hath left and perpetuated in his chuch ? the doting antidote-man affirmes it , page 1. and in the dayes of our saviour ( writes he ) excommunication out of the sinagogue continued among the jews , and our saviour did not abrogate it , for the abuse of it by the priests , scribes and pharises ; but his apostles under the gospell did exercise it against simon magus , when by professed sacriledge he declared himselfe in the gall of bitternesse , and bond of iniquity ( which i take to be no excommunication nor suspension . ) to this i answer : first , that this putting men out of the synagogue practised by the jewes , was no divine institution prescribed or warranted by gods word ; but onely a humane invention or punishment , introduced by the jewes , or jewish sanhedrim , as the texts themselues demonstrate ; and so no president to binde us christians . secondly , this practice used by the jewes in the objected tex●s , was so farre from being an ordinance of christ , or approved by him , that it is a me●e diabolicall institution against christ , and all who should professe him , who wee adjudged by the jewes to be put out of the sinagogue for this very cause ( and no other that we read of ) that they professed jesus to be the christ : and is this a fitting patterne of divine institution for christians to imitate , or a sufficient warrant to suspend men from the sacrament ? certainly if it be so , it is but in this respect ; that as the jewes would cast men out of the sinagogue , only for professing jesus to be the christ ; so you , in imitation of them , would keep off unexcommunicated scandalous christians from the lords table , that they might not there receive christ tendred to them in this sacrament , if they doe but desire it . thitdly , if we beleeve the jewish rabbies , godwins jewish antiquities , l. 5. c. 2. a erastus , b master seldon , and c other learned men ; this casting out of the sinagogue , was no proper ecclesiasticall , but onely a civill censure , whereby the party cast out , was separated from all company or society with any man , or woman for the distance of four cubits onely at the pleasure of the judge , ( therefore it was certainly arbitrary , not divine ) also from eating or drinking with any , from the use of the marriage-bed , shaving , washing , and the like , according to the quality of the offence : it was of force forty dayes yet so , as that it might be shortned upon repentance ; he that was thus excommunicated , had power to be present at divine service , to teach others , and learne of others ; he hired servants , and was hired himselfe , but alwayes on condition of keeping off four cubits distance from them . therefore doubtlesse it was meerly a civill excōmunication like to an oxtlary , not ecclesiastical or divine ; since it suspended none from any divine ordināce , but civil cōversation only . fourthly , it was prescribed , inflicted , not by the priests or ecclesiastical classis , but by the temporal magistrate , ruler of the sinagogue , sanhedrim , or people , as the texts demonstrate , the jewes , ( not priests ) were the actors in it . fifthly , in the jewish sinagogues , there was neither passeover nor sacrament , nor sacrifice celebrated ▪ for all sacrifices , passeovers , festivals were celebrated in the temple at jerusalem , in the place which god did choose , not in their sinagogues where they had onely reading , expounding , preaching , disputing , prayer , but no sacrifice , or sacrament , as you may read in godwin's jewish antiquities , l. 2. c. 1 , 2. & l. 3. c. 4. therefore from this practice you can no wayes prove any suspension from the sacrament , because no sacrament nor sacrifice was then administred or offered in them by the jewes : and if it prove ought for the use or divinity of excommunication , it is onely thus much , that excommunicated persons cast out of the church must be suspended from preaching , reading , prayer , and such ordinances then used in the jewish sinagogues , not from any sacrifice or sacrament which were appropriated to the temple , to which those who were cast out of the sinagogue might resort : in brief , you may as well justifie excōmunication from deotrophe as frō hence . the tenth difference is , concerning the scriptures quoted in the fourth question ; whether i have rightly applied them ? my opposites say no , upon four mistakes of theirs . first , that they can infallibly know the hearts and present conditions of communicants who have formerly lived scandalously and impenitently in their sinfull courses , to be impenitent , obstinate and wicked even at that very instant when they come to receive , though they publikely professe their unfained sorrow and repentance for all their sinnes past , and solemnly promise , yea , vow amendment and newnesse of life for ever after : which i affirme to be meere arogancy , and a usurpation of gods owne tribunall , for any minister or classis peremptorily to determine , since god onely knowes mens hearts , and can change them in a moment . se●●ndly , that the sacrament is no converting ordinance , but meere poyson to all that have been scandalous persons resorting to it , though with profession of repentance and reformati●n . thirdly , that none but persons truly regenerated an● sancti●ied have a right to the sacrament , and that ministers and presbyters have di●in● a●●hority to keep back such scandalous persons frō the lords supper , whom they have no lawfull authority to suspend from other o●●inances . fourthly , that suspension from the sacrament is , by divine institution , a necessa●y preparatory steppe and degree to excommunica●ion , as well 〈◊〉 admonition , exhortation , reprehension , and publike rebuke ; which is a meere groundle●se fancy , warranted b● no texts nor president of sc●ipt●re , as the premises d●mon●trate : and therefore the answers t● them b●ing grounded on these erronious positions and mistakes , they yet remain● in their full vigor . finally , to close up all other differences in few words , take notice , that my antagonists contend for that which i grant them with advantage , and yet quarrel with me as denying it : for first , i freely grant them in my questions , that all scandalous , obstinate , peremptory , incorrigible , notorious sinners , who desperately and professedly persevere in their grosse scandalous sinnes , to the dishonour of christian religion the scandall of the congregation , the ill ezample and infection of others ▪ after severall sole●n● previous publike admonitions , reprehensions , rebukes , contemned or neglected , and full conviction of their scandall and impenitency , may and ought to be excommunicated , suspended , not onely from the sacrament of the lords supper ▪ but from all other publike divine ordinances whatsoever ▪ and the society of the faithfull , till publike satisfaction given for the scandall , and open profession of amendment of life , accompanied with externall symptomes of repentance : and they contest with me for a suspension of such sc●ndalous persons onely from the lords supper , without any totall excommunication from the church , and all other publike ordinances , for which i must profess● i can see no ground at all in scripture ▪ or reason ; but scripture and rationall grounds enough against it ; and quite subverts excommunication . secondly , i affi●m that no visible member of a visible church , professing sorrow for his sins , able to examine himself and desirous to receive the sacrament , may or ought of right to be suspended from it , but such onely who are actually excommunicated from all other ordinances , or at least notoriously guilty and convicted of some publike horrid crime , of which all the congregation or presbytery have legally taken notice , and are ripe for a sentence of excommunication then ready to be pronounced against them , so farre as to suspend them from all publike ordinances : in such a case as this , where the fact is notorious , the proofs pregnant , the sentence of excommunication ready to be pronounced against them as persons impenitently scandalous and incorrigible , perchance the presbytery or classis may order a suspension from the sacrament or any other ordinances , before the sentence of excommunication solemnly denounced , if they see just cause ; but not where there is a bare accusa●ion without any notoriousnnesse of the fact , or witnesses examined to prove the scandall ; for thus to suspend a man upon a meere accusation , or surmise , before witnesses produced , were to pre-judge him as guilty , before hearing of his cause , or probat of the offence or accusation , which may be false a● well as true , for ought appeares to the presbytery : this was all i meant by this new addition to the second impression of the four quares ( or judicially accused , pendente lite ) wherein the third answerer to these quaeres so much triumphs , as if he had wo●ne the field by this short addition , saying , that our ministers and the assembly desire no more power then this ; which i shall readily grant them , with the precedent limitations , which will take off all his flourishes on it ; and so we are both accorded ▪ provided , that this power be claimed by no divine right , but only by parliamentary authority and humane institution . to close up this discourse , i shall onely propound these four new quares to all my antagonists , and leave the further consideration of them to the saddest debates both of the honourable houses of parliament and veverable assembly ; who perchance may seriously advise upon them first , whether a bare excommunication or suspension from the sacrament or other ordinances , if not backed with the authority of the civill magistrate , when these censures are slighted , or contemned , be not likely to prove an impotent invalid , ineffectuall meanes to reclaime impenitent obstinate sinners , especially if they once grow common , triviall , and inflicted upon many together , which made it so contemptible under the pope and prelates ? whether it be not farre better , safer profi●abler for christians in point of conscience and christian prudence , to admit such scandalous persons to the sacrament , not actually excommunicated ▪ who earnestly desire to receive it , and externally profesle repentance and amendment of their lives , though they thereby eat and drink judgement to themselves , and become guilty of christs body and blood ; then under colour of keeping back such , to deprive them , or any sincere true hearted christians of the benefit and comfort of it , to whom really it belongs , t● the very breaking of their hearts and wounding of their spirits ? which hath been the ca●e of some and may be of more , if christian moderation , compassion ▪ charity , prudence be not most predominant in every presbytery ; doubtlesse better it were a thousand reprobates and obdurate sinners who will not be restrained by threats and admonitions , should eat unworthily , to the damnation of their soules , then one worthy communicant , or sincere hearted christian be deprived of that right and comfort of the sacrament , which belongs unto him . secondly , whether the suspending of such persons from the sacrament ( being no ordinance of christ for ought appeares to me , nor expresly warranted by any scripture , president , or precept ) without a totall suspension of them from all christian society & other ordinances , will not be ● means to harden prophane obdurate , scandalous sinners , if it be once made ordinary and generall rather then to reforme , convert , amend them ? and whether their admission to the sacrament accompanied with serious previous ad●onitions ▪ exhortations to them against unworthy receiving ▪ and persevering in their impenitent courses after the sacrament received , and publike serious reprehensions for their former evill courses , b● not a farre more probable way and meanes of reclaiming ▪ converting them from their evill wayes , then any bare suspension from the sacrament , without any concurrent suspension from all other ordinances and christian communion can be ? my reasons for propounding this question are very considerable : first , be●ause such obstinate scandalous sinners , as experience teach●s , make no great conscience at all of receiving the sacrament ( from which for the most part they voluntarily suspend themselves for sundry months , nay yeers together out of meer prophanesse ) in case they may be freely admitted to other publike ordinances : it being onely the totall exclusion from the church and all christian society ( not any bare su●pension from the sacrament ) which workes both shame and remorse in excomunicate persons , as paul resolves , 1 thes. 3. 14. 1 cor 5. 13. compared with the 1 cor. 5. 1. to 11. secondly , because we find this an experimentall verity , that the most prophane and scandalous sinners that are , when they intend to receive the sacrament , will many of them ( like loose c italians in the lent ▪ season ) for a day or two before , at leastwise on the very day they receive it , and some dayes after ▪ demeane themselves very penitently and devoutly in o●tward appear●nce , yea openly and privately promise and vow to become new creatures , to give over all their sinfull courses , and never to returne to them againe , and for the ●eason seem to be reall converts ; yea no doubt many d●boist persous have been really reclaimed converted ▪ even by their accesse and admission to the sacrament ; who if actually suspended from & not admitted to it , would have grown more obstinately impenitent & dissolute in their lives ▪ and never have entred into any serious examination of their evill wayes , courses ▪ nor promised such newnesse of life , as they doe at time● of receiving , by their admission to the sacrament . thirdly , all our antagonists grant , that the sacrament is a solemne vow or covenant , which obligeth all receivers , esp●cially the most scandalous and sinfull , generally to re●orm all their evill wayes , and carry themselves more obediently , zealously towards god and christ , then ever they did before : and we experimentally find that many sc●ndalous sinners , even out of a meer naturall or hypocriticall conscience , when they resort to the lords ta●le , doe oft enter into solemne secret vowes and covenants between god and their ownesoules , to amend their former evill wayes peruse and read some good pious books of devotion , meditation , and listen very diligently to the word when preached , which they will no whit regard , look on ▪ ot hearken to at other seasons , yea , become good , reall , at leastwise formall converts . fourthly , every ordinance of chtist , and the sacrament ▪ especially above others , is a speciall meanes not onely of confirming , but begetting and encreasing grace , as i have proved ; and i make no doubt , but many scandalous , obstinate sinners , have been , and may be still reclaimed by their owne ptivate conscionable preparations , examinations , meditations , prayers , vowes , and pious resolutions , taken to themselves ▪ and by the publike confessions , exhortations , admonitions , prayers , i●structions ▪ used in the congr●gation both before , at , and imediatly after their approaches to the lord● table : yea i dare say ten to one , would be reclaimed , converted , by such admission , then will be converted or amended by their bare suspension from it : hence it was , that christ , who came into the world to save sinners , when he would reclaime and bring home sinners conversed familiarly with , & permitted them ever to come to him and hi● ordi●ances , not debarred them from them : and the forecited fathers alleage this for one reason why christ admitted the very traytor judas to the sacrament , though he knew him to be a devill and cast-away , because he would ●vercome him by this great mercy , goodnesse , lenity , and leave no meanes of his convertion unattempted : if therefore scandalous sinners seriously desire to receive the sacrament , as a principall meanes to subdue their iniquities , reforme their lives , and tye them faster unto god for the future , making publike profession of the reality of their intentions in this kind ( as they all doe , at lest in words and outward shew ) why such should be debarred fro● the sacrament of the lords supper , since really admitted to the sacrament of baptisme , and all other ordinances ; i cannot yet discerne any proofe or reason . thirdly , whether christ did ever intend , that none but true reall beleevers and penitents should receive his supper ? or , whether he did not infallibly both know and really intend , that many unregenerate , impenitent persons , would and ●hould receive it , some of them to their cōvertion , who belong to him , others of them to their h●rt & condemnation , as well as true penitents for their comfort and salvation ? our antagonists do , and m●st of necessity grant ▪ that close hypocrites , persons , who are not scandalous , b●t blamelesse in their outward conversations & endued withcompetent knowledge , have an external right to the lords supper , though not truly regenerate and endued with saving faith ; and that no mini●ler , presbytery or classis can or ought of right to suspend such from the sacrament ; for if reall saints should onely approa●h the lords table , how few would the number of communicants be in all congregations ? or what minister , church , or classis might or could take such a jurisdiction upon them ▪ as certainly to define who are reall saints , and who not ; since the lord onely knowes infallibly who are his ? they doe and must likewise yeeld ▪ that such persons as these hauing no justifying faith nor sincere repentance in them ▪ when they doe receive this sacrament , doe eat and drink their owne damnation , as well as the prophanest obstinatest sinners . if then these may be admitted to the sacrament , though they thus eat and drinke damnation to themselves , not discerning the lords body , then why not others ? and if christ hath ordiained the sacrament of his supper ( as well as the preaching of the word and gospell ) to be a savour of death to such unworthy , as well as a savour of life unto life to worthy receivers ; then what reason ▪ in point of conscience , can any minister alleage , why he should not administer the sacrament to all who desire to receive it , as well as preach the gospell to those who desire to heare it , since god hath his end in both ? the glory of his justice in the one , as well as of his grace and mercy in the other . fourthly , whether all obstinate , scandalous , impenitent sinners , before they come to participate at the lords tahle , b● not in a present state of damnation ? and whether they doe not aggravate and e●crease their damnation by resorting to sermons , hearing ▪ reading , praying , fasting , and every other publike duty they performe to god , as well as eat and augment it by resorting ●o the sacrament ? if yea , which cannot be gain ▪ said , and is yeelded by all ; then what matter of conscience or solid reason can be rendred by any rationall christian , why such perso●s should not at well be admitted to the sacrament , as to any other ordinance ; or not suspended equally from all ordi●ances as well as from it ; since all by accident , ●hrough mens abuse and unprofitablenesse , prove means of aggravating their sins and condemnation ? either therefore our opposites must suspend such person● from all ordinances alike , till they be reclaimed ( which themselves perchance will deem a preposterous course ) or else admit them to the sacrament as well as to other ordinances , since all prove alike good or bad , saving or damning to them . object . if they alleage ( as some of them doe ) that suspension from the sacrament , though not from othe● ordinances , is but a step to excommunication , and therefore warranted by those texts and reasons , which make for a totall excomunication from the church and o●her ordinances . answ. i demand , first , whether christ himselfe ( whose kingdome and discipline you pretend excomunication to be , and him to be the onely law-giver of his church ) hath made suspension onely from the sacrament , but not from other ordinances , a step to totall excomunication , or a necessary or expedient forerunner of it , as you grant he hath made publike admonitions , exhortations , reproofes , and the like ? if yea , then shew me where , when , or how by scripture , which i am certaine you cannot doe ; if not , then this suspension from the sacrament alone ( which is now contested for with so much eage●nesse as if christs kingdome and church-discipline did wholly consist therein ) is but a meere humane invention and so no ordinance of christ , nor any part of his kingly government . secondly , i shall demand , whether those texts which prescribe a totall exclusion from the church , ordinances , can be any way satisfied , obeyed , by a partiall execution of them ? wh●n god commands any thing to be fully executed , a halfe or partiall performance onely is no better in his esteem , then plaine disobedience or rebellion ; as appeares in the case of ( a ) saul's incompleat fulfilling●f gods commission against the a●al●kites , in sparing agag and the best spoyles ; and destroying onely the vulgar amalekites , with the worst of the cattle and spoyle . your selves doe daily inculcate upon the parliament , and your auditors , a through and compleat reformation in church and state ; informing them , that lesse will not be accepted of god or good men ; and will you content god will a halfe excomunication of scandalous , notorious sinners , by suspending them onely from the sacrament , when he requires a compleat sequestration and casting out of such , from all publike ordinances and christian communion ? answer me but this , and you will soone satisfie your objection . thirdly , what are the principall ends for which excomunication was instituted in the church ? are they not ; first , the punishment of the impenitent delinquent for his crimes ? whence it is stiled by you & others , a censure , yea the terriblest censure and punishment of all . secondly , the preserving of others from infection ▪ pollution , by their ▪ ill example and conversation , as leapers in the leviticall law , and plague sick persons and leapers by our laws now , a●e to be shut up & sequestred from the company of others during their contagions ? if so ( as you must needs acknowledge from ths 1 cor. 5. 6 , 7 , 8. gal 5. 9. 2 tim. 2. 17 , 18. ) then if this censure be of gods institution not mans ▪ how can you prove chancellors to m●tigate or halfe it at your pleasures without gods warrant ? how can you inflict it but in part ▪ when and where he requires the whole ? are you f●ithfull or impartiall judges herein ? i presume you dare not say so ; either therefore execute this censure throug●ly and impartially , as god ( you say ) prescribes it , or not at all ▪ least you 〈…〉 selves wiser or mercifullier then god him selfe . againe , how can you 〈◊〉 others from infection by their society and examples ▪ if you doe not totally seclude them ▪ for the time you suspend them , till they reforme themselves , from all christian society and publike ordinances as well as from the lords table onely ? shall such converse and communicate daily with you in publique prayers , sermons ▪ fasts , reading the scripture , singing psalmes , &c. and yet not so much as once communicate with you monethly quarterly or yeerly , for feare of contagion or pollution by their ill example and society in that duty onely , in which ( for the most part ) they are ever most seemingly penitent , holy and devout ? was ever any man so absurd or se●slesse as to avoid the company of a leaper , or plague-sick person once a moneth or quarter , at his table onely , for feare of infection , and yet meet with him daily or weekly in the self-same house and roome upon other civill occasions of businesse or discourse ? and can any christians then be so irration●ll , as to conceive , that their daily or weekly communion with such scandalous impeni●ent sinners in all other publike ordinances , will not endanger or pollute them , nor make them ▪ guilty of their sinnes by participation , communion or approbation ; and yet thinke their monethly , quarterly , or yeerly meeting and communicating with them at the lords table only , will so poyson ▪ so infect them with their sinnes and guilt , that they neither can nor dare with safe conscience , admit them to , or joyne with them in this ordinance onely , though they ordinarily joyne with them without scruple in all others ? i beseech you deare christian brethren , consider seriously of all these particulars , apply them home to to your owne conscien●es , weigh them by the sacred ballance of gods holy word , the rules of right reason , piety , prudence , and then i doubt not by gods blessing , if you be not obstinately wedded to your owne opinions more then to the truth ▪ you will speedily disclaime and confesse the weaknesse , falsnesse , deceitfulnesse of those ●rro●ious grounds & whimseys wheron you have hitherto over ▪ rashly ( without any serious deliberation or discussion ) built this your partiall suspension from the sacrament alone , without exclusion from other ordinances , which hath neither colour of scripture , nor solid reason to support it , but both expresse against it . remember , i beseech you , that the a times of mens conversion and reformation are in gods hands alone ▪ not theirs or yours ; that b the change of the heart and life is not him of that willeth , nor in him that runneth , but in god that sheweth mercy ▪ and worketh this blessed alteration ▪ both at what time , and by what meanes he pleaseth : he can make the word and sacrament effectuall to some scandalous sinners , it may be c at the third , perchance at the sixth , possibly not till the eleventh or last houre of the day : shall you therefore debarre them from them in the interim ? consider how many of your selves ( perchance ) have lived impenitently , unprofitably under the ordinances ▪ sacraments , for sundry yeers together , and how long god did d wait to shew mercy upon ▪ you , er● you did repent and amend ; and will you ▪ not exercise the e self same patience and indulgence towards others , as god and others did towards you , during your owne scandalous and impenitent lives ? doth god f suff●r the tares to grow together in his church with the wheat , and to enjoy the rain and dew of his ordinances till the very harvest , without separation , because possibly some who are for the present tares , may afterward prove wheat : & wil you extirpate or deprive them from the sacrament before gods time without separation , not following that golden rule the apostle prescribes to every minister who is the lords servant , g to be gentle towards all men , patient ; in meeknesse instructing those that oppose themselves , if god peradventure will give them repentance , to the acknowledg●ng of the truth , and that they may recover themselves out of the snare of the devill , who are taken captive of him at his will : let us no● be more impatient and harsher towards any then god himselfe and christ are , and h would have us to be ; but let us i put on bowels of tender mercies towards them , with long-suffering , as they do ; god himself endures with much long-suffering ( in his church ) the very vessels of wrath fitted for destruction , endeavouring to overcome or leave them unexcusable by his ordinances & long-suffering : and shall not we endure them or others , though scandalous for the present , who by these ordinances may become vessels of mercy , as well as we ? consider the k parable of the marriage of the kings sonne , where the king sent forth his servants to invite guests to the wedding ▪ supper , who gathered together all they found , both bad and good , that the wedding might be furnished with guests ; and beware that ye fall not in point of the sacrament , into the very errour we condemne in papists , in regard of the word , who take away and deny the use of the scriptures from the common people in the vulgar tongue l because the unstable and unlearned wrest them ( as they did in peters time , & never more then now ) to their owne destruction ? upon which very ground you take away the sacrament from scandalous sinners , because you pretend they eat & drink it to their own damnation ; and so lapse into the self-same error in one kind as the papists doe in another , upon one & the same pretence . i plead not this as a meer lawyer , for any private ends or l●cre ( as some scandalously report ) since i value not my calling ( to which true church-discipline will be no prejudice ) nor any thing in the world in comparison of gods glory and the truth ; nor yet as an advocate for licentio●● , scandalous sinners , to extenuate their offences , punishment , or any way to encourage them in their impentiency & prophanations ; nor out of any disaffectiō to the presbyterian government , for which i have earnestly pleaded , and suffered much reproach from sectari●s and independents , and in which i may expect as great a share of presbyteriall power and honour as any other ; but meerly out of consci●nce , of love unto the truth , and tender compassions to ▪ the souls of other● , from whom without any punctuall scripture warrant , i would have no meanes of grace , or ordinances of christ with-held , wherein they have ● right , a property , which may conduce to their reformation or conversion . and i doubt not but many thousands now contrary minded , when they have perused my grounds and reasons , wil readily sub●cribe to my opinion as the truth of christ most agreeable to his practice , w●rd , mind ▪ from which mee● crochets and new whimseys of conceited braines ▪ ought never to seduce us , let us n stand fast therefore in the liberty wherew●th christ hath made us free , and be no more entangled with any yoake of bondage ▪ but what himselfe hath put upon us , or authorized others to impose on 〈◊〉 by his word , especialy in christs ordinances , which concern our souls , from which no creatures have power justly to seclude us , but in such cases where he gives them expresse commission , and in such sort as he prescribes . and let me suggest but one thing more unto your saddest thoughts , that in the churches of the anabaptists and brownists , both abroad and at home , where excommunication and suspension from the sacrament are most rigidly and severely exercised , pressed ; the sinnes and execrable scandalous crimes of heresie , false doctrine , spirituall pride , sedition , scisme , disobedience to magistrates , and the higher powers , envy , hatred , malice , covetousnesse , oppression , extortion , hypocrisie , yea , lying , rayling ▪ uncharitablenesse , slandering , un●aturalnesse , sometimes of sor●ication , adultery , fleshlinesse , doe farre more abound then in many of our english congreg●●ions , where these censures are very rarely exercised , or put in ●e ; and that the practicall power of godlinesse is generally more evidently visible , and the lives of the generality of the people more strict , pious , lesse scandalous and licentious in our english congregations where there hath been powerfull preaching , without the practice of excom●●ication or suspension from the sacrament , then in the reformed churches of france , germany , denmark or scotland , for which i appeal to all ●ravellors , and our independent ministers who have lived i● the netherlands , who wil & must acknowledge ▪ that in the sanctification of the lords ●●y , strictnesse of life , and exemplarinesse of conversation , our english ministers and protestants generally excell all others , notwithstanding their strict discipline , which really reforms very few or none , and works no such miracles of reformation , holinesse , precisenesse in mens lives or hearts , as is pr●●●nded : and in popish churches , where excom●●ications , suspensions , interdictions , church-censures ▪ most abound of any ▪ and are most frequently and formidably fulminated bypopish prelats and their officers ; how many exorbitances and grievances they introduce , how little reformation they worke in mens hearts or lives , is so well knowne to all men , and to our opposites in opinion , that we can have little hope● they will produce much reall sp●●dy reform●●ion in our churches , since they have hitherto wrought so little in all these , especially if ●hey once grow common , g●nerall , and so contemp●ible . certainly the speediest , best and onely way to suppresse all kind of sinnes , scisme● , to reforme and purge our churches from all scandalo●s offences , will be , for ministers no● to draw out the sword of excommunication and suspension against them , which will doe little good ; but the sword of the spirit , the powerfull preaching of gods word , and the sword of the ●ivill magistrate , which are onely able to effect this work , and if our assembly and ministers will but diligently preach against that c●talogue of scandalous sinne● and sinners they have prese●●ed to the parliament , and the parliament prescribe severe ●emporall lawes and p●nishments against them , and appoint good civill magistrates to see them duly executed ▪ inflicted , i am confident , that this would work a greater reformation in our chu●ch and state in one halfe yeere , then all the church ▪ discipline and censures now so eagerly contested for , will do in an age ▪ and will be the only true way and speediest course to reform both church and st●●e at once , which i hope the parliament will consider of , and take care , that our ministers ( like the bishops formerly ) may not now be taken up with ruling and governing ▪ but preaching and instructing , which is work enough , wholly to engrosse their ●ime and thoughts . and whereas many godly , true-hearted , zealous christians are now perswaded , that the parliaments deliberate ( for i cannot say slow proceedings ) in setling church discipline and cen●ures , is the maine cause of the encrease of so many heresies , seismes and sects among us , and that the speedy setling of that modell of church discipline the assembly hath presented to the houses , will both prevent and redresse this deplorable mischiefe , as is insinuated in a late printed petition ; i must needs informe these wel-affected pious men ( whom i truly love and honour ) that they are much mistaken both in the cause and c●re of this malady , and spreading dangerous gangreen . for first , the parliaments deliberation in debating and setling church-discipline is no true cause of this epidemicall disease ▪ which springs originally from other roots , of which i shall informe them . first , from our owne ministers late daily sowing , spreading of erronious , dangerous seeds of separation in their sermons , discourses , books , and maintaining ●ome anabaptisticall and brownisticall positions , specially concerning the sacrament of the lords supper , and suspending scandalous persons from it ( which i have here already recited , refuted ; ) even whiles they think and beleeve they write and preach against scisme , seperation , anabaptisme and errors tending t●●hem : this i am confident , is one maine cause , if not the chiefest of this spreading grievance , which some of those who most complaine against it , doe out of this their ignorance and un●dvisednesse , most foment . secondly , our magistrates , ministers and peoples free permission of divers ministers , hereticks , scismatikes , to vent their scismaticall erronious fancies , tenents , freely in our churches , pulpits , presses ▪ under pretence of advancing the parliaments service , and being firme unto their cause ; some of them , like so many wandring starres , running up and downe from county to county , city to city , pulpit to pulpit , where they freely and boldly vent their errours , seismes , to seduce poore ignoran● people , and preach against our church-worship , doctrine , ministers calling , the parliaments , synods authority in setling church government &c. declaiming outright against our church , ministers as antichristian ▪ and the like ; without apprehension , censure or controle : driving on their own s●ism●ticall designes , under pretext of doing god and the parliament service . thirdly , the permission of ministers and sectaries of all sorts , contrary to the lawes of god and the realme , openly to gather and set up private independent churches and conventicles of their owne , seperate from the publike : and to meet freely , boldly at them without the least interruption : with the toleration of such to hold constant private meetings and consultations together , every day , week , or moneth at least , how to advance and strengthen their party in all places , and get the greatest power and places of trust into their hands . now will excommuncation or suspension from the sacrament , or the setling of church discipline prevent or redresse all these true causes of our seismes ? certainly no : not the first , nor last of them , and the second but in part : for those who thus voluntarily separate themselves from our churches ▪ ministers , and will not joyne in any church communion with us , will not care a straw , but deride and je●re u ; to our faces , if we should excommunicate them from our s●c●aments , churches , assemblies , of which they professe themselves no members , and from which they have already excommunicated ▪ suspended themselves , but only when they creep up into our pulpits , of purpose to preach against ●s ▪ and seduce the people to sever from us , and seperate to them , whenas they will not permit any orthodox ministers of ours to preach , much lesse to preach against their wayes , errours , in their separate congregations . the only wayes therefore to remedy this dangerous mischiefe for the present , and prevent it for the future , are these e●suing , which answer to these causes of them . first for our own ministers to labour to discerne and then publikely to retract and unteach the people by word and writing , their erronious , grounds , scismaticall doctrines touching the sacrament of the lords supper , unmixt communions and suspension from the sacrament : and then none will separate when they are better taught , and the false grounds of separation and scism ( formerly pressed on them through ignorance , or in●ogitancy ) be as constantly preached and written against , as they have been formerly asserted in the pulpit and presse . secondly , for our magistrates conscionably to convent question ▪ and people to informe against all ministers or others , who runne about , and vent scismaticall , erronious new doctrines or whimseys in their own or others pulpits ▪ & seriously to admonish , cheek them for what is past and enjoine them for time to come , to prea●h nothing but christ crucified , o● doctrines of edification , and to avoid all ●nnecessa●y controversies concerning church ▪ government ( in which some now place all religion ) snd all erronious doctrines contrary to those established among us ; and in case they shall afterwards offend in the like kind , to debarre them from stepping up into other mens p●lpits , and suspend them from their owne till they shall reforme their erros , scisms and promise never to offend in like kind againe . and withall ▪ carefully to suppresse the printing and dispersing of all hereticall erronious or scismaticall books , by inflicting severe punishments on the authors , printers , dispersers of them : for which the good lawes and ordinanc●s already made and in full force , are sufficient , were they but duly executed . thirdly , to prohibit , suppresse ▪ by strict publike lawes and ordinances , the gathering of any particular churches or congregations without publike authority , together with all private conventicles , of ana●aptisticall sectaries wholly separating from , and standing in direct opposition against our publike church-meetings ; together with all their private cabinet-councels , consultations , to foment and augment their party : and in case they will not be reclaimed by lenity and friendly christian proceedings , but continue still obstinate and incorrigible , then to proceed severely against the ring-leaders of separating sects ▪ ●cismer , and to keep or remove them from all offices or places of publike trust in church o● state , wherein their continuance may prove prejudiciall to b●t● or either of them : and if all o●r magistrates , judges , and justices in city and country would but modestly execute the good statutes and ordinances already provided against those ; i am certain these spreading errours sectaries , scismes would be soon suppressed , and we all united in one , now the great stumbling block , of superstitious popish ceremoies , altars , images , with the common prayer book ( the only eye-sores heart-sores and grounds of separation , formerly complained of ● conscientious people ) are totally removed by the parliament , together 〈◊〉 scandalous and unpreaching ministers and gods word more powerfully , more ●ncere●y preached , then in any conventicles or segregated congergations whatsoever , where illiterate mechanicks ( who may as well st●p into the kings throne , a●d civill magistrates tribunall , as into the ministers pulpit ) or ignorant , ●●gif●ed ministers , doe usually exercise their leaden talents , and vent their dros●e straw , stubble , instead of the pure gold and orient pearles of gods sacred oracles . as therefore you desire , tender the redresse of this great grievanc● , the speedy settlement , peace , unity of our distracted church and state , the long expected establishment of such an exact church ▪ discipline as is warranted by gods word , not built on humane fancies ; the advancement of gods truth , honour ; the avoyding of all groundlesse , unwarrantable occasions of scismes or separations , occasioned by some new erronious paradoxes and false notions , touching this weighty subject of excommunication and suspension from the sacrament ; i shall humbly beseech and seriously adjure you in the name of jesus christ , the o great shepheard of his sheep , and impartiall judge both of quick and dead , 〈◊〉 ( p ) you wil answer the contrary before his dreadful tribunal at the last day , & avoid his q anathema maranatha , with all good mens censures here , to lay aside all self ▪ ends , self interests , prejudices whatsoever in this weighty controversie , and with a single , upright heart , seriously to weigh the severall particulars her● presented to your consideration ; and where you find i have scripture , truth , or right reason siding with me , there cordially to embrace it without more co●te●●● ▪ where you shall discerne i have been mistaken in any thing ( as for ought i know i am in nothing ) there in a brotherly manner to refute it ; and the lord give 〈◊〉 all sincere hearts to r prove all things , and hold fast what is good , both in our judgements and practises ; and to rest truly thankful for the great work of reformation already made , not to murmure or repine against god and the parliament , ●s if little o● nothing were already done , because that ▪ church-discipline of excommunication and suspension from the sacrament ( which some pretend , but prove not to be christs ordinance and kingdom ) is not fully established in sounlimited and dangerous an arbitrary way as they desire , and cannot have their wils or humours satisfied in every s●all punctilio . 2 cor. 13. 7 , 8. now i pray god tha● ye do no evil ▪ not that we should appeare approved , but that ye should doe that which is honest th●ugh we appeare to be reprobates : for wr can d●● nothing against the truth , but for the truth . errata . page 33. line 6. read s●nnes : ● . 35 l. 45 not : p. 39 l. 3 pr●m●ses l. 9 of his l. 44 in this p. 47 l. 32. ap●st●lo● . p 48 ● . 23. priests , l. 28 church , l. 42 were . finis . notes, typically marginal, from the original text notes for div a91314e-1230 a 1 thes. 5. 21. b 2 cor. 13. 8. c gal. 4. 16. d iohn 1● . 37 eccles. 2. 18 , 19 c. 6. 12. c. 10. 14. * 1 kings 9. 10. 2 chron. 8. 1. 1 chron. 29. 2 chron. 2. & 3. * as appears by ezra 4. 24. notes for div a91314e-2350 a in an antidote against foure dangerous questions . a brotherly , friendly censure , &c. b acts 1. 24. ● see the histories of the anabaptists lucas osiander . bnchirid . cont. cum . anabaptist is de ecclesia , cap. 6. the prophane scisme of the brownists , discovered by christopher lawne and others . printed 1612. d num. 21. 14 15. deut. 23. 1 2 , 3. 1 cor. 5. 7 to 13. joh. 9. 22 32 , 3. 3. ch : 12. 42. c. 16. 2. 2 thes. 3. 14. 2 john 10. 11. 3 john 10. rom. 16. 17. tit. 3. ●0 , 11 : 2 tim. 3 5. e 〈◊〉 ep●st at 〈◊〉 godw●ns fewish antiquities l. 1. c. 3. f see go●w●ns ●ewish antiquities ▪ ● ▪ ● . ● . ● . g godwins jew●sh antiquities , l. 1. c. 2 h {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} signifies any civill assembly , councell or court of justice , as wel as on ecclesiasticall presbytery , see scapulae lexicon , page 730. h scapula ibidem , godwins jewish antiquities , l. 5. c. 4 ioseph . antiq. jud●eo●um , l. 14 , c ▪ 17. i p. galatinus , l. 4 c. 5. doctor potters want of charity iustly charged , london , 1634. p. 26. it may be underst●● of any assemb●y , as well civill as eccelsiastical , so it was in the first edition , but it is expunged in 〈◊〉 〈◊〉 by the arch bishops speciall direction . * see pecrus cunaeus de repub. judeorum l. 1. c. 12. juni . brutus vindiciae contr. tyoannos , q. 3. p 94. to 97. e acts 26. 18 eph. 2. 1. to 6. 1 john 3. 8. 2 tim. 2. 26. f see cartwrights notes on the rhem. testam. on 1 cor. 5. g john 8. 44 : 1 johu 3. 8. 2 tim. 2. 26. acts 5. 3. john 13. 2. 27 : h see cartwrights answ . to the rhem : testam. on 1 cor. 5. i a●ts 5. 3. joh 8. 44. 1 john 3 ● . eph. 2. 2 , 3 , 4. 2 tim. 2 , 26. k rom ● . 4 , 〈◊〉 11. 13. 14. gal 5. 18. 25. l eph. 2. 2 , 3 , 4. 1 john 3. 8. 2 tim. 2. 26. m mat. 15 22. luk. 6. ●8 . mar 9. 17. to 30. c. 5. 2. to 10. n mat. 16. 1● ▪ acts 16. 16 , 17 18 mat. 10. 8. o see mark 5. 9. to 15. john 13. 27. eph. 2. 2 , 3. 2 tim. 2. 26. see beda in 1 tim. 1. p john 14. 16. 1 cor. 6. 19. se aecumenius chrysost. primasius , haymo , beda , theodor . theophilact. in ● cor. 5. mat. 4. 1. to 12. q job c. & 2. see aecumenii enar. on 1 cor 5. primas . theophilact. chrysostom . hierom in locum . r 2 cor. 12. 7 s mat. 7. 3 , 4 , 5 * see primasi●s , theodoret , theophylact , chrysostom , haynor . o ecumen●u ▪ ans●lm and m●sculus in locum . ro. 12. 18 , 19. mat. 5. 34. mat ▪ 9. 10 , 11. c : 11. 19 ▪ mar. 2. 15 , 16. t see gratian ▪ caus. 1. quest , 1. ivo decret. seci●da pars . 1 cor. 11● 29. u exod. 12. 3. 〈◊〉 7 , 47. ● chron. 30. ●● to 2● . prov. 28. 13. 1 john 1. 9 ▪ psal. 32. 5. exod. 12. 22. to 28. mat. 26. 17. to ●1 . 47. mark 14. 15. to 27. luke 22. 24. t see willets synopsis pap●smi , p. 650. u see lucas o sia●d . encha rid . contr. cum anabaptist . de eccl●sia , cap. 6. qu. 3. x the harmony of confessions printed at london , 1643. p. 280. 321. 1 cor ▪ 〈◊〉 2● , u 1 ●or . 11. 21 ▪ 22. x s●e t●rtul . ap●l . ●●●n ●● 17 c. ● . ●9 2● . b act. 1. 24. 〈◊〉 2. ●● c 2 chr 6. ●● jer. 17. 4 , 5. d 2 tim ▪ 2. 25 26 e rom 8. 29 30 1 cor. 6. 10 , 11. tit. 3. 2 to 8. f joh. ●5 . 20. c 13. 16. mat. 10. 24 , 25 f a bro●●●●ly and friendly censure ▪ p ● 7. ● a● a●●i●ote against 〈◊〉 da●ger●us quaeries , p 6. an answer , &c 1 cor. 7. ●4 . ● p●● 5. 3. prov. 16. 1 ▪ 1 co● 7. 16. 1 tim. 2. 25 , 26. rom 9. 15 , 16 18. a brotherly and ●●eindly censure , 〈◊〉 ● , 8. a brotherly and friendly censure ▪ ● . ● . in my plesant purge for a roman catholike , and quench-cole . a brotherly and friendly censure . p. ● . the last answer to the four qu●stions ▪ harmouy of consessions . p. 287. see richard capel his nature of temptation , &c. para 1. pag. 214 , 215 , &c. lucas osiander ●nshirid . cont. cum anabapt ▪ c. 6. qu. ● . ● no nor sacraments ; which i onely mention , because they are s● much cryed up above the word , and made more holy then it , onely because they are term●d sacraments , and seal●s of the covenan● without any ●ext to warrant it . lucas osiander enchirid. contr. cum anabapt . cap. 6. q● . 3. p. 126 , 127. see the pract●ce of p●ety , p. 400. ●o 480. and all others concerning the sacrament and ●ur pret●tio●s to receive it . see gen 9. 16. job 42. 5 , 6 isa. 6. 5. 1 john 1. 1 , 3. see act. 2. 23. 37 , 38. ch. 3. 13 , 14 , 19. rev ▪ 1. 5 ● . isa. 5● . psal. 1. 19 67. 71. 2 chron. 33. 11 , 12 , 13. isa. 48 10. hos. 5. 15. see the practice of piety , p ●15 to 435. b mat. 11. 28 isa. 55. 1 , 2. john 7. 37. mat. 22. 2 , to 11. mat. 9. 6. constitutions and canons ecclesiasticall anno. 604. can. 68 , 69. zeph. ● . 3 ▪ amos 5. 15. jonas 3. 9. c. gen. 31. 31. 32. 30 ▪ numb. 22 6 , 11. josh. 2. 24. judg 6 , 5. 2 tim. 2. 25. jer. 36 ▪ 3 , 6 , 7 , 8 , 21. est . 4. 14 , 16. 1 sam. 4. 6. ch. 14. 6. 1 kings 28. 5 , 6. 2 sam 12. 21 , 22. 2 king 7. 3 , 4 , 5 , 6. a de excommun cati●ue . b de jure naturae & grat. lib. 4. cap. 8. de anno civiil &c. praefatio , p. 6 , 7. & cap. 18. p. 83 , 84. c buxto●f . ●pi . hebraei . p. 55. d num. 9 , 1. to 16. deut. 16. 1 2 king. 23. 22 23. 2 chron. 30. 18. 35. throughout . ezra . 6. 19. mat. 26. 17. 18 godwins jewish antiquities li 8. 2. cap. 1. & l b. 3 cap. 4. 3 john 9 , 10 , 11. c●l 6. 1 , 2. 1 tim. 5. 1. 20 ti● . 3. 11. c s●●ed● . sa●●● r●lat●●● . mat. ● . 11. ●3 . c●ap . 13. 28 , 24. l●k● 7. 34 ch ▪ 1● . ● , 2. 1 tim. 1. 15. ● tim. 5. 1 20 ●●t ▪ 〈…〉 c. 2 ▪ 1● ▪ 2 thes. 3. 14 , 14● gal 6. ●● 2 ▪ ● sam 15 ▪ levit 13. num. ● . 〈…〉 a psal. 31. 15 ▪ b eph. 2. 1 , 2. 2 tim. 2. 25 , ● 26. rom. 9. 16 phil. 2. 13. marke 10. 23. c mat. 20. 1. to ● . d ●er . 30. 18. e see mat. 18 ▪ 27. to 33. f mat. 13. 28 , 29 , 20. heb. 6. 7 , 8. g 2 tim 2. 25 26 , 27. h gal. 6. 1 , 2. luke 6. 36. col. 3. 12 , 13. i r 〈◊〉 9. 22. k ma● . 23 ▪ 1. to 11. l 〈◊〉 pet. 3. 16. 〈◊〉 1 cor. 11. 27. n gal. 5. 1. see the histories of the anabaptists , & books against the brownist● ▪ p●t on and fomented by our ministers underhand . o ●eb . 13. 21 d. 1. pet. 4. 5 q 1. cor. 16. r 1. thes. 5 21 ▪ the opening of the great seale of england. containing certain brief historicall and legall observations, touching the originall, antiquity, progresse, vse, necessity of the great seal of the kings and kingdoms, of england, in respect of charters, patents, writs, commissions, and other processe. together with the kings, kingdoms, parliaments severall interests in, and power over the same, and over the lord chancellour, and the lords and keepers of it, both in regard of its new-making, custody, admi nistration [sic] for the better execution of publike justice, the republique necessary safety, and vtility. occasioned by the over-rash censures of such who inveigh against the parliament, for ordering a new great seale to be engraven, to supply the wilfull absence, defects, abuses of the old, unduely withdrawne and detained from them. / by william prynne, utter-barrester of lincolns inne. ... prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91237 of text r234376 in the english short title catalog (thomason e251_2). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 141 kb of xml-encoded text transcribed from 20 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91237 wing p4026 thomason e251_2 estc r234376 99871128 99871128 159084 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91237) transcribed from: (early english books online ; image set 159084) images scanned from microfilm: (thomason tracts ; 43:e251[2]) the opening of the great seale of england. containing certain brief historicall and legall observations, touching the originall, antiquity, progresse, vse, necessity of the great seal of the kings and kingdoms, of england, in respect of charters, patents, writs, commissions, and other processe. together with the kings, kingdoms, parliaments severall interests in, and power over the same, and over the lord chancellour, and the lords and keepers of it, both in regard of its new-making, custody, admi nistration [sic] for the better execution of publike justice, the republique necessary safety, and vtility. occasioned by the over-rash censures of such who inveigh against the parliament, for ordering a new great seale to be engraven, to supply the wilfull absence, defects, abuses of the old, unduely withdrawne and detained from them. / by william prynne, utter-barrester of lincolns inne. ... prynne, william, 1600-1669. [2], 32, [2] p. printed for michael sparke senior., lodon [sic]. : 1643. at foot of title, above imprint: it is this fifteenth day of september, anno dom. 1643. ordered by the committee of the house of commons, concerning printing, that this treatise, intituled, the opening of the great seale of england, be forthwith printed by michael sparke senior. john white. with a final errata leaf. annotation on thomason copy: "octob: 9th". reproduction of the original in the british library. eng great britain -history -civil war, 1642-1649 -early works to 1800. england -seal -early works to 1800. a91237 r234376 (thomason e251_2). civilwar no the opening of the great seale of england.: containing certain brief historicall and legall observations, touching the originall, antiquity prynne, william 1643 24639 87 0 0 0 0 0 35 c the rate of 35 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-06 tcp assigned for keying and markup 2007-06 aptara keyed and coded from proquest page images 2008-07 john latta sampled and proofread 2008-07 john latta text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion the opening of the great seale of england . containing certain brief historicall and legall observations , touching the originall , antiquity , progresse , vse , necessity of the great seal of the kings and kingdoms of england , in respect of charters , patents , writs , commissions , and other processe . together with the kings , kingdoms , parliaments severall interests in , and power over the same , and over the lord chancellour , and the lords and keepers of it , both in regard of its new-making , custody , administration for the better execution of publike justice , the republique necessary safety , andvtility . occasioned by the over-rash censures of such who inveigh against the parliament , for ordering a new great seale to be engraven , to supply the wilfull absence , defects , abuses of the old , unduely withdrawne and detained from them . by william prynne , utter-barrester of lincolns inne . esther 8. write ye also for the jews , as liketh you , in the kings name , and seal it with the kings ring : for the writing which is written in the rings name , and sealed with the kings ring , may no man reverse . it is this fifteenth day of september , anno dom. 1643. ordered by the committee of the house of commons , concerning printing , that this treatise , intituled , the opening of the great seale of england , be forthwith printed by michael sparke senior . john white . london . printed for michael spark senior . 1643. to the reader . courteous reader , having copiously answered , refuted all royalilists , malignants , papists , clamorous objections and primitive exceptions , against the proceedings of this present parliament , in four severall treatises , lately published , concerning the soveraigne power of parliaments and kingdoms ; which have given good satisfaction to many , and silenced the penns , the tongues of most anti-parliamenteers , who have bin so ingenuous as seriously to peruse them : i yet finde a new grand objection lately started up , and much insisted on among these opposites , by reason of the commons late order for making a new great seal ( now almost finished ) to supply the wilfull absence , defects , abuses of the old , to the extraordinary prejudice , dammage , danger , of the houses , kingdom , and delay of publike justice ; which , though sufficiently answered in the generall by sundry passages and histories scattered in the former treatises ; yet because not so particularly or fully debated , as the consequence of this extraordinary weighty act , and the querelousnesse of the clamorous opposites require ; i have therefore ( upon the motion of some friends ) to stop up this new-breach and clamour , speedily collected and published by authority , these ensuing historicall and legall observations , concerning the originall , antiquitie , progresse , use , necessity of the great seal of the kings and kingdome of england ; with reference to sealing of charters , patents , writs , commissions , other processe ; and given thee a summary account of the kings , kingdoms , parliaments , severall interests in , and power over the great seal , ( and the lords keepers of it too ) both in respect of its new-making , custody , administration , for the better execution of publike iustice , the republike necessary safety and utility , clearing all contrary objections of moment ; which i here submit to thy charitable censure and acceptation ; imploring thy pardon and direction , in case i have casually erred , out of ignorance or humane frailty , in tracing this untrodden dangerous narrow path , wherein i finde no footsteps , or onely very obscure ones , to direct my course . farewell . the opening of the great seale of england . not to enter into any impetinent tedious discourse of the antiquitie or use of seales in generall , which were very anciently used both by the nations and kings of the jewes , persians , medes , babilonians , and others , ( as is manifest by a sundry texts of scripture , to omit prophane stories ; ) it is a question much debated among antiquaries , historians , lawyers , how ancient the use of seales hath beene among the kings of england , & in what age , upon what occasion , by what degrees they grew to be absolutely requisite for the ratification of charters , patents , writs , commissions , and other processes ? the first originall , antiquitie of seals among our kings , is very uncertain ; for it is apparent , past all contradiction , b that our ancientest kings charters , patents had no seals at all annexed to them , being ratified onely with the signe of the crosse , ( oft-times in golden characters ) the subscription of our kings names , with the names of divers bishops , abbots , nobles , clerks , and others , under them , as witnesses ; who all made the signe of the crosse , before or after their subscriptions ; as is most evident by sundry ancient charters of our english saxon kings , yet extant in old leger books of abbeys , in sir robert cottons library , and by the printed copies , of them in the histories of ingulphus , m●lmesbury , hoveden , matthew paris , matth. westminster , holinshed , mr. fox , mr cambdens britannia , m. seldens titles of honour , history of tythes , notes to eadmerus , sir henry spelmans councils and glossary ; sir edward cooks preface to his 4 and 6 reports , his institutions on littleton , and magna charta , joannis pitseus , relatio . histor. de rebus angl. cl. reynerus apostolatus benedictinorum in anglia ; m. lambard his perambulation of kent and archaion , bishop vshers britannicarum ecclesiarum antiquitates , with others ; which charters , though without a seale , have c ever been reputed as valid , firme in point of law from time to time , and so admitted by our judges , kings , parliaments , as any punier charters sealed with our kings great seals . to give you some few instances of the ancientest charters of our kings before the conquest , which i finde not sealed , but thus subscribed . king d aethelbert , anno 605. made two charters , the first to the church of saint pancras , the other to the monastery of peter and paul to be erected at canterbury ; which are thus confirmed with the signe of the crosse , not sealed ; ✚ ego aethelredus rex anglorum , hanc donationem meam signo sanctae crucis propria manu confirmavi . after which follow divers other witnesses , who confirm it with the same signe . there is extant a bull of augustine , the first bishop of canterbury , of an exemption granted by him to this monastery , with a leaden seale annexed to it , the forme whereof you may view in e sir henry spelman , who suspects both these charters , with augustines bull and seale , ( the sealing of buls being not so ancient , and leaden buls being first brought in by pope adrian , about the year of our lord , 774. as polydor and others observe ) to be meer counterfeits , upon good grounds . there is another charter of the same king , of lands given to the same monastery , dated , ar. 610. subscribed as the former . the next ancient charter i finde , is , that of f withred king of kent , dated , an. dom. 695. who the same year confirmed the great councell of beca 〈◊〉 with the signe of the crosse , & such subscriptions as are aforesaid . to these i shall adde the ( suspected ) charter of g king kenred and offa. anno 709. with the charters of egwin bishop of worcester , anno 709. the charter of h king eth ibald , an , 718. made to saint guthlar , and the abbey of croyland , with his generall charter of priviledges granted to all churches and monasteries , dated , anno 749. the charter of i king ina granted to the abbey of glasterbury , ( supposed to be spurious ) anno 725. of k king offa to the abbey of croyland , anno 793. the l decree of adardus archbishop of canterbury , and the councell of clovesho . an. 803. the charter of m king kenulphus to the abbey of croyland , anno 8●6 . the n decrees of the synod of clevesh● , under king beornwulfe , anno 824. and of the council of london under king egbert , anno 833. the charter of o witlasius king of m●rcia , to the abbey or croyland , anno 833. the charter of king bertulphus to the same abbey , an. 851. with the p canons of the councell of kingesbury , confirmed and subscribed by this king , and others the same year , with the signe of the crosse . the charters of q aeth iwulphus to the abbey of croyland , anno 855. and to all churches and monasteries , which he offered up to god upon the altar of saint peter t winchester , where the bshop received it , and sent it to all churches to be published . the charter of r b●orredus king of , merciae , to the abbey of croyland . anno 860. of * queen aethelsw●th to cuthwulfe , an. 868. of king ſ edmund to the abbey of glastenbury , an. 944. of t king ●●dred to the abbey of croyland , an. 948. the charters of u king edgar to the abbey of croyland , an. 966. 970. 974. to the x abbey of glastenbury , an. 965. 971. and to the abbey of malmesbury . an. 974. his charter of oswelds lawes , an. 964. his charter to his new monestery of winchester , an. 966. and another charter , ar. 964. the charter of y king aeth●lred , an. 995. to vlfric . with z his charter of priviledges granted to the church of canterbury , an. 1006. the a charter of king knute , or canutus , to the church of our saviour at canterbury , an. 1018. and to the abbey b of croyland , an. 1032. of thorold to the abbey of croyland , an. 1051. and of king edward the confessor to the same abbey about the yeare 1050. all these ancient charters of our kings before the conquest had no seales at all annexed to them , but were only ratified with the signe of the crosse subscribed by the kings themselves , and these who made them , together with their names , and with the names and crosses of the witnesses . and it is observable , that all or most of these ancient charters of our kings , which granted any lands or priviledges to abbeys or churches , were made in full councels and parliaments , with the unanimous consent and approbation of the bishops , prelates , abbots , dukes , earls , lords , and great men therein present , who commonly subscribed them ; the reason was , because none of our ancient kings ( as i have proved ) had any power to grant or alien the lands of the crown ( which they enjoyed only in the kingdoms right , and for its use ) to any , without the consent of their nobles , and people in full parliament : and in most of these charters , abbeys and church-lands were exempted from all taxes , tallages , and temporall services whatsoever , except the repairing of high wayes , bridges , and castles , for the common good : and c thereby were anciently exempted from danegeld , as i have elsewhere manifested . which of our kings first used a seale , is not certainly determined : sir edward cook in his institutes on littleton , fol. 7. a. records , that the charter of king offa , whereby he granted peter-pence , doth yet remaine under his seale ; now this charter , as d sir henry spelman , and our e historians generally in his life , record , was dated in the yeare of our lord 793. or 794. and is the first charter scaled ( if true ) by any of our kings . there is another f charter of king edwin , of certaine land called iecklea in the is●le of ely , bearing date anno 956. sealed with his owne seale , and with the seale of elfwin bishop of winchester . i read in francis thinne his catalogue of chancellours , and in sir henry spelman his glossary , fol. 126. 132. that our saxon kings aethelstan , edmund , edred , edgar , and aethelred , had their severall chancellors ; but whether they had any seales or not , is uncertaine : if they had any , it is certaine ( writes g sir henry spelman ) that they scarce used them at all , or very rarely , most of their charters having no seales at all , but only crosses , or subscriptions of these kings names , and witnesses . the very h first of all our kings who used a large br●ad seale , was edward the confessor , who , being brought up in normandy , introduced that , with some other of the normans guises with him , and had three chancellors : vnder this i seal he granted a charter of sundry liberties and priviledges to the church of saint peters in westminster , anno dom. 1066. which was sealed by his chancellor reynbaldus , as is evident by this his subscription to that deed ; ego reynbaldus regis cancellarivs relegi & sigillavi . this is the first charter , for ought appears , that ever was sealed with a royall broa● seale , or by a chancellor . but that all this good kings charters , or any of his writs , or commissions were thus sealed by this great scale , or that the chancellor then had the custody of the seale ( which the chancellors in the reigne of charles the great , and ludovicus pius , had not in france , as sir henry spelman proves in his glossary , p. 127. out of capit. l. 2. c. 24. and eg●lismensis in vita caroli , p 15. and the passage of ingulphus concerning the office of the chancellor in his time , cited in spelman , seemes to disprove ) is a non liquet unto me . the exact forme of this kings great seale you may behold in * iohn speed , together with the various effigies of all our succeeding kings broad seales , prefixed by him before their severall lives . two things there are , which in this enquiry after the originall use of our kings great seales , seeme somewhat dubious unto me . first , when , how , and by what law or meanes it came to passe , that our kings charters and patents ought of necessity to be sealed with the great seale , contrary to the primitive usage in former ages , or else to be reputed invalid , and meere nullities in law ? secondly , when , and by what law or grounds , and in what kings reigne , writs , commissions , and other processe of law , began to be issued out under the great seale , or else to be disallowed as illegall ? it being evident unto me , that charters , and patents were usually sealed by some of our kings , before any of their writs , commissions , or legall processe issued under their seales . these two doubts , i confesse , are beyond my skill exactly to assoile ; yet this i conjecture as most consonant to truth ; that k edward the confessor being trained up in normandy , and addicted to the customes of the french , which he introduced with him , did first of all bring in the sealing of deeds ; which i gather from the words of l ingulphus abbot of croyland , who flourished in his reign , and writes thus of him : coepitergo tota terra sub rege , & sub aliis normannis introductis , anglicos ritus dimittere , & francorum mores in multis imitare : gallicum idioma omnes magnates in suis curits tanquam magnum gentilitium loqui ; chart as et chirographa sva more francorvm conficere , & propriam consuetudinem in his , & in alius erubescere . now the french kings long before his dayes , used to seale their charters with golden bulls , as m franciscus rosierius , and sir n henry spelman testifie ; there being divers charters of king dagobert , sigebert , and pipin yet extant under golden bulls , as they record : and charles the great , descended of pipin , was the first emperour of the romans which sealed charters with a golden bull , as o polydor virgil attests , p flodoardus also recording , that charles the bald an. dom. 867. sealed with a bull of his name , bull a sui nominis sigillavit . in imitation of whom q edward the confessor , as it is probable , caused a great seale to be made ( which none of his predecessors used ) and there with sealed two of his three charters of priviledges and donations granted to the abbey of westminster ( to which he was a speciall benefactor ) the copies of which you may read in r sir henry spelman : witnesse this close of his second charter ; chartamistam conscribi , et sigillari ivssi , & ipsam manu mea signo sanctae crvcis impressi , & idoneos te●●es annotari praecepi ad corraborandam : after which his owne subscription with the signe of the crosse followes , and the subscriptions and crosses of sundry bishops and abbots : after them , ego raynbaldus cancellarivs ✚ ; then follow the subscriptions of dukes , and other the kings officers , with this conclusion , acta apud westmonaster . quinto kal . ianuarii , die sanctorum innocentium , anno dominicae incarnationis 1066. indictione tertia . anno regni serenissimi edwardi regis 25. swyergarius notarius ad vicem reynbaldi regiae dignitatis cancellarii , hanc chartam scripsi & subscripsi , in deinomine foeliciter , amen . with this close of his third charter dated the same year and day ; vt ergo hac auctoritas nostris & futuris temporibus , circaipsum sanctum locum perenniter firma & inviolata permaneat , per omnia tempora illaesa custodiatur atque conservetur , & ab omnibus optimatibus nostris , & iudicibus publicis & privatis , melius ac certius credatur , manus nostrae subscriptione subter eam decennius roborare , & idoneos testes annotare , atqve sigillo nostro ivssimvs sigillari . ● . ego edwardus deigratia anglorum rex , hoc privilegium jussi componere , & compositum , cum signo dominicae crvcis confirmando impressi . ✚ : then follow the subscriptions of divers bishops and abbots with crosses : next to them , ego reynbaldus regis cancellarivs relegi et sigillavi . ✚ : next ensue the subscriptions of some dukes , officers , and knights , with crosses : next the date of the place , day , yeare of christ , and the kings reigne ; with ego alfgeatus notarius , ad vicem reynbaldi regiae dignitatis cancellarius , hoc privilegium scripsi & subscripsi , in dei nomine foeliciter . amen . from which charters and subscriptions we may observe , first , that this king edward , though he added his great seal to his charters , yet he retained the ancient forme of confirming them with the signe of the crosse , and the subscription of his owne name , and the names of witnesses ; which continued long after , till edward the first his reigne , if not longer , though since discontinued . secondly , that the chancellor in his dayes , though he subscribed his name after prelates and bishops , yet hee did it before dukes , earles , and all other temporall lords ; therefore hee was then , no doubt , the chiefest temporall officer , and hath so continued ever since . what the dignity and office of the chancellor was in this kings reigne and before , appeares by ingulphus his history of turketulus ſ chancellor both to king aethelstan , edmund , and edred successively , and the second chancellor we read of in our realme ) who was then primvm , praecipvvm et a secretis familiarissimvm . this t turketulus ( writes he ) descended of the blood royall , being nephew to king edward the elder , who for his merits would have matched him to divers rich noblemens daughters , but he refused them , leading a single life : after which he would have promoted him to a bishoprick for his learning and holinesse , proffering him first the bishoprick of winchester , and afterwards the archbishoprick of canterbury very often , and to preferre him before all his other clerks ; but he rejected those dignities with various excuses , and utterly abhorred them all his life , tanquam tendiculas sathanae ad subvertendas animas , as the snares of satan to subvert soules : such were lord y bishopricks esteemed , even in that blinde age : which may be further ratified by this monkish story , related out of the promptuary of the disciple , and arnoldus in u the flower of the commandements of god ; that a monk of clervaulx was chosen to be bishop , the which refused it , against the will of his abbot and of the bishop , and soone after died : who appearing after his death to his familiar , he demanded of him , if the disobeysance before said had noyed him ? he answered , that nay , and afterward said , if i had taken the bishoprick , i had beene damned ; and said moreover an horrible word , the state of the church is come unto this , that she is not digne to be governed but of ill bishops , &c. but to returne to our story . tarketulas refusing the glory of this terrene dignity and transitory honour of a bishoprick ; the king at last made him his chancellour : ut quaecunque negotia temporalia vel spiritualia regis judicium expectabant illius consilio & decreto ( tam sanctae fidei & tam profundi ingenii tenobatur ) omnia tracturantur , & tractata irrefrag●bilem sententiam sortirentur consilio ergo illius , multa bona opera &c. off●cis : after which he addes , he was a man of greatest power and authority with these three kings , both for his incomparable wisdome and valour , he had sixty manners of his own ( six whereof he gave to god and the abbey of croyland where he became abbot , and the residue to the king ) and vast treasures of jewels and money , yet in all this greatnesse his title of chancellour was his highest dignity , as ingulphus manifests : therefore it was then , no doubt , the most eminent office . thirdly , that in those times x it was one chiefe part of the chancellors office , by himselfe or his notaries and substitutes , to dictate and write all the kings charters , patents , writs , and to subscribe them as a witnesse : whence turketulus when he was chancellor , writ or dictated most of the kings charters made to the abbey of croyland : rex edredus dedit monasterium croyland per chartam suam , dictatam ab eodem turketulo , writes ingulphus , p. 874. fourthly , that the chancellor in his reigne , sealed the kings charters with his seale ; yet y whether he only did it , or had the sole custody of the soale , is uncertaine . but though king edward the confessor z first brought in the great seale ; yet the custome of sealing charters , patents therewith , with other mens sealing deeds , grow not common , universall , or necessary , a till the latter end of the conquerours reign ; as b ingulphus in these direct tearms avers , from his own experimentall knowledge : et non tantum hunc morem ( of making knights ) sed alias etiam consuetudines ( william the conquerour and his normans , of whom he writes ) immutabant ; nam chirographtrum consectionem anglicanam , quae antea vsque ab edwardi regis tempora , fidelium praesentium subscriptionibus cum crucibus aureis , aliisque saerts signaculis firma fuerunt , normanni condemnantes , chirographa chartas vocabant ; et chartarum armitatem cum cere impressione per untuscujusque speciale sigillum , sub instillatione trium vel quatuor testium astantium ( whereas ancient charters had twenty or more witnesses ) conficere constituebant . conferebantur etiam prime multa praedia nudo verbo , absque scripto , velcharta , tantium cum domini gladio , vel galea , vel cornu , velcratera ; & plurima tenementa cum calcari , cum striguli , cum arcu , & non nulla cum sagitta . sed haec initio regni sui ; posterioribus annis immutatus est isle modus . tantum tunc anglicanos abominanti sunt , &c. so that by this historians expresse testimony ( a man of great eminency in that age , being abbot of croyland , and much frequenting the court , yea taking more paines to search out and preserve ancient charters then any in that age ) william the conquerour and his normans ( who c endeavoured to reduce the english to the customes lawes , and ceremonies of normandy , especially in all matters of government , law , and justice , his charters being of farre other tenour , forme , and brevity , then those before or since in use ) were the first who introduced , by insensible degrees , the french custome of sealing charters and deeds with seales ; and this king , with his officers ( as all our historians complaine ) being extraordinary covetous and oppressive , using sundry new d●●●ses to fill their owne purses , by exhausting the peoples ; it is very likely ( as ingulphus words import , and d others insinuate ) that he and his chancellors ( of which i finde e nine in his reigne ) to make a benefit and project of his great seale , did in his latter dayes ordaine , that all charters , patents should be thenceforth sealed with his royall seale , or else be reputed invalid in law . three charters of his i find recorded in our writers : the first , made to the abbey of croyland at the sute of f ingulphus who registers it , subscribed by some witnesses , without mention of any seale of his thereto annexed . the second , to the abbey of battle , sealed with his great seale , and subscribed by foure or five bishops , which patent & seale to you may view in g mr. seldens notes on eadmerus . the third , to the city of london , granted at the sute of william their bishop , written in the saxon tongue , confirmed with greene wax , whereas the saxons before used only to signe with gilt crosses ; the copy whereof you may read in lamberts parambulation of kent , holinshed , and h speed . as for that charter of his , recorded by iohn stom , and speed in his life , out of the book of richmond : i william king , the third yeare of my reigne , give to thee norman hunter , to me that are both leefe and deare , the hop and the * hopton , and all the bounds up and downe , vnder the earth to hell , above the earth to heaven , from me and mine , to thee and to thine , as good and as faire , as ever they mine were : to witnesse that this is sooth , i bite the white wax with my tooth , before iugge , maud , and margery , and my youngest sonne henry , for a bow and a broad arrow , when i come to hunt upon yarrow . i deeme it either a forgery , or a charter granted only in merriment ; which rast all in his tearmes of the law , f. 80. attributes rather to king edward the third , then to the conquerour ; concluding , that s●aling was not commonly used till the reigne of edward the third : which if true perchance of deeds betweene private persons , yet not of royall charters . king william rufus , henry the first , stephen , and henry the second , had all their severall great seales ( the portraytures whereof you may behold in iohn spreds history before every of their lives ) and their severall chancellors too , whose names you may read i● i 〈◊〉 francis thinns catalogue , and k spelman ; which chancellors , as is most likely , kept their seales , sealing both patents and charters with them . i read , that l king henry the first , in the first yeare of his reigne , granted a charter of liberties to his subjects ( according to his promise and oath , before and at his coronation ) much like to magna charta , subscribed with witnesses : et sigilli svi testimonio roboratvm , as eadmerus , and others write : to this charter he set both his hand and seale , commanding as many copies as there were counties in england to be transcribed , and kept in the monasteries of every province : he was made a king by right of election , not of succession , his brother robert being right heire . in this kings reigne , i finde one writ to anselme archbishop of canterbury ( who used m a seale wherewith he sealed his letters written to this king ) with n teste walricho cancellario apud merlebergam . and another * writ directed to him , to respit the consecration of thomas archbishop of yorke till easter , sigillo regis inclvs as ; the first writ i , to my remembrance , finde sealed with any kings seale , though patents were commonly sealed before this time . o king stephen , comming to the crowne by the nobles election , not by right of inheritance , as next heire , vowed to confirme their liberties by his charter and seale ; which hee did at oxford in the first yeare of his reigne : this charter you may read in the marginall authors , being like to magna charta in substance . that king henry the second used to seale his charters and patents , i finde apparent testimonies in our historians . for his oath of purgation which he made concerning the death of thomas becket ( registred at large by p roger de hoveden ) was put into writing in forme of a charter , and then sealed with his seale , and the seales of the cardinals , as this authour attests . et ut haec in memoria romanae ecclesiae haberentur , rex pater fecit apponi sigillvm svvm scripto illi , in quo superdicta capitula continebantur , una cvm sigillis praedictorum cardinalium ( theodine and albert . ) atque ut in memoria romane ecclesiae sirmiter habeatur , sigillvm vestrvm praecipistis apponi . q anno dom. 1177. sancho king of navarre , and alphonso king of castile being at variance , about breaches of articles in a former truce , referred their differences to the determination of king henry the second : who calling his nobles and parliament together , made these kings embassadors to put their differences in writing , and then to sweare to stand to his , and his councels arbiterment : which done , he made a charter of his award , subscribed with the names of many bishops , nobles , clerks , & laymen , as you may read at large in hoveden , which charter questionlesse was sealed with his seal , though it be not expressed . r the same year , on the 7 day of october k. lewis of france , and king hen. 2. made a finall concord and league for mutuall offence and defence , which was put into writing , sworn to , subscribed by many witnesses of note and sealed ; witnesse the words of hoveden ( who records it at large . ) et ut hoc statut● firmiter teneatur , & ratum permaneat , scripto commendari , et sigilli svi avctoritate confirmari fecit . and the same yeare audebert earl of march selling his earldom to king henry , made a charter thereof , registerd in ſ hoveden , which concludes thus : ne autem haec mea venditi● solemniter celebrata aliqua posset in posterum malignitate divelli , eam sigillo meo mvnivi : after which many bishops , and other witnesses subscribed it . in this kings reigne it is apparent , that the great seale remained in the custody of the chancelor ; for i read t that this king making his chancelor thomas becket , archbishop of canterbury , he thereupon , an. dom. 1162. ( contrary to the kings good liking and expectation , who was then in normandy ) sent messengers over with the seal , cancellariae renuntians , et sigillvm resignans , renouncing the chancellorship , and resigning up the seal unto him ; because he could not attend the court and church at once ; so as the chancellor then kept the seale of england with him here , when the king was absent in normandy , for the better execution of publike justice . this will yet more plainly appeare by the ensuing passage of u hoveden , and writ of king richard the first ; richardus dei gratia rex angliae , &c. willielmo de sancta mariae ecclesia , & nugont baro●lpho , salutem , sciatis quod didicimus , quod in morte patris nostri sine praecepto suo , & conscientiae , habuerunt literas de sigillo svo gaufrdtus de mu camp de habendo archidiaconatu de cliveland , & willielmus de stigandebi , & magister erardus de praebendis habendis in ecclesia eboracensi , quae tum vacabat , & erat in mann nostra : et ideo praecipimus , quod praefatos ab archidiaconatu & praebendit dictis sine mora dissaisietis , repetentes ab eis quicquid ex inde perceperunt , postquam illos redditus ita fraudulenter & per surreptionem sunt adepti . teste m●ipso tertio die novembris apud mamerz . proh pudor ! turpe est doctori cum culpa redargu●t ipsum . idem enim * archiepiscopus dum adhuc esset cancellarius regis patris sui , sigillvm illvd in cvstodia habvit , per quod praefatus archidiaconatus , & praebendae illae datae fuerant praenominatis personis . by which passage and writ it is apparent : first , that the chancellour in henry the seconds reigne , had the custody of the great seale . secondly , that presentations to churches , archdeaconries , and prebendaries , were then granted under the great seale . thirdly , that chancellours did sometimes fraudulently grant and seale patents without the kings privity ; and that these patents , when discovered , were reputed fraudulent and voyd . fourthly , that writs at common law were usuall in henry the second his reigne ; which appeares most plentifully and irrefagably by ranulphus de glanvilla , chiefe insticiar under this king , his , tractatus de legibus & consuetudinibus regni angliae , tempore regis henrici secundi compositus : wherein most originall writs of the common law , and the proceedings upon them , yet in use , are collected and registerd for the benefit of posterity . in this kings time , i conceive , our writs of law were reduced by this ralph glanvill and his fellow iustices , into a set forme , and began to issue forth under the kings seale , to avoyd forgery ; but whether under the great seale , or speciall seale of every court ( as sir edward cooke in his institutes on magna charta , pag. 554 , 555 , 556. conjectures ) i cannot certainly define . in his reigne i first finde , that the connterfeiting of the kings charter was reputed treason ; as glanv●ll expresly declares it , lib. 1. cap. 2. & lib. 14. cap. 7. illud tamen notandum , quod si quis convictus fuerit de charta falsa , distinguendum est , vtrum fuerit charta regis , an privata , quod si charta regia , tunc is qui super hoc convincitur , condemnandus est , tanqvam de crimine lesae maiestatis . si vero fuerit charta privata , tunc cum convicto mitius agendum est . now that which he tearmes counterfeiting the kings charter , y bracton , z britton , and the statute of 25. e. 3. of treasons , stile , counterfeiting the great seale , or privy seale of the king : and therefore this of glanvill relates principally to the counterseting of the kings seale annexed to his charter . i finde in a roger hoveden , a charter of william , king of sicily , which hee made to ioan daughter of king henry , touching her dower , dated anno domini 1177. mense februarii indicti ▪ decima , subscribed with the names of divers witnesses , subjects to king william , and among others , ego mattheus , domini regis vice-cancellarivs : which charter concludes thus : ad hujus antem donationis & concessionis nostra memoriam , & inviolabile firmamentum ; privilegium praesens per man●● alexandri , notarij nostri scribi , et bvlla avrea nostro typario impressa , roboratvm nostro sigillo , jussimus decorari . in quo familiares nostri , & aliae personae pr●ecepto nostro se scripserunt hoc modo ; the forme of which kings great seale you may behold ingraven in hoveden . p. 553. in fine , this henry the second , being b chosen king of hierusalem ( which kingdome was wholly elective ) and earnestly importuned by heraclius patriarch of that city , the christians there , and by pope lucius his letters , to accept that honour ; an. 1185. c he thereupon summoned a parliament as london on the 10. of april ; wherein hee charged all his subjects with many adjurations , to advise and resolve him , what was best to be done in this case for the salvation of his sense ; and that hee was resolved by all meanes , to follow their advice herein ; whereupon the parliament conferring on the premises , resolved ; that it was much more wholesome for the kings soule , that he sholud govern his owne kingdome with due moderation , and defend it from the eruptions of the barbarous french , then to provide for the safety of those in the east in proper person . which i onely note in the by ( having omitted it in its due place : ) first , to manifest what high esteem our kings have had of the resolutions and advise of their parliaments , to which they wholly submitted their owne judgements , acquiescing in their resolves . secondly , to evidence the soveveraigne power of parliaments over our kings then , who might not desert the realme , not take any new honour or dominion upon them , without their previous consents and advice : thirdly , to shew the dutie of kings to their subjects and kingdomes . king richard the first succeeding his father henry the second , rather by election , then succession , ( and d not stiled a king , by our ancient writers , before his coronation ) was the first of all our kings ( as our e writers accord ) who sealed with a seale of armes , all our former kings seales , being but the picture of the king sitting in a throne , on the one side of the seale , and on horse-backe on the other side in divers formes , with various inscriptions of their names and stiles ; which you may view in speed ; but this king bare two lions rampant combatant in a shield , in his first , and three lions passant in his latter seale ; borne ever after by our kings , as the royall armes of england . his first f chancellour , was william longchamp bishop of ely , legate to the pope , whom hee made his vice-roy and iusticiar of england , when hee went to the holy land against the saracens , committing the kingdome to his government , chiefely ; who infinitely oppressed and tyrannized over it , as all our historians evidence : g matthew paris give , this character of him , erat idem canceli arivs maximvs inter omnes occidentales , rex et sacerdos in anglia , qui omnia pro nihilo ducebat , cum episcopali tantum dignitate non contentus nimis alta se sperare denotavit . in prima namque literarum suarum fronte , vanitatem & elationem expressit , cum dixit . willielmus dei gratia commonly used before , in , and since that age by and to bishops , popes , abbots , in publique writs , as well as kings , as the h marginall authors manifest ) eliensis episcopus domini regis cancellarius , totius angliae iustitiarius , & apostolicae sedis legatus , &c. has autem dignitates , quos pretio obtinuerat , immoderato excessu exercuit , volens locellos , quas in earum impetratione evacuerat , reficere , &c. this chancellour ( as is probable ) had the custody of one part of the seale in this kings absence , for the better administration of justice , though the king carried the other part of the great seale with him into the warres , pretended to be there lost , as you shall presently heare . i finde divers of this kings charters , letters , writs , before and after his voyage to the holy-land , recited in i hoveden . these charters , which questionlesse were sealed with his seale , were subscribed by sundry witnesses ; the writs and charters concluding with a teste meipso apud chinonem , &c. the charter of the manor of sadburgh to hugh bishop of durham , is thus dated . datum anno primo regni nostri 18 die septembris apud eatingat , per manum willielmi de longo campo , cancellarii nostri . during this king richards imprisonment in germany , henry the emperour sent letters to the nobles of england for this king , by william longchamp his chauncellour , aurea bulla imbullatas in hac forma , sealed with a golden bull in this forme . and soone after , this k chancellor , william briwere , and others , concluding a peace betweene this king and phillip king of france , authorized thereto by the kings letters patents ; these commissioners not onely sware to , but sealed the articles of this truce , as this close of it manifests . quae omnia praedicta , ut rata permaneant & inconcussa , ego willielmus de rupibus , & ego joannes de pratellis , & ego willielmus briwere , per praeceptum regis angliae domini nostri , sigillorum nostrorum attestatione roboravimus . actum meduneae anno ab incarnatione domini 1193. octav● idus julii . and the very next yeere the l letters and instrument of the truce made between these two kings by drogo and anselme , and sworne by them in the french kings behalfe , have this conclusion . et nos ut omnia praedicta firma sint , & stabilita , universa praedicta sigillis nostris roboravimus . actum inter vernelium & thilers , anno incarnati verbi 1194. 23 die iulii . king richard being released this very yeere ( which was the sixt of his raigne ) out of prison , and new crowned , among other oppressve projects to raise moneys to maintaine his warres ( which made him an extraordinary oppressiour of his people ) m caused a new broade seale to be made ; ( the portrayture whereof you may view in speed ) pretending that the old was lost , when roger his vice-chancellor was drowned before cyprus , and that his chancellor during his imprisonment , had abused this seale , whereupon he tooke it from him : requiring and cōmanding , that all persons as well clergy men as lay men , who had charters or confirmations under his old seale , should bring them in to be renued under his new seale ; and unlesse they did so , that nothing which had beene passed by his old seale , should be ratified , or held good in law . by which device he drew a great masse of money to his treasury ; subscribing his new-sealed charters thus : this was the tenor of our charter under our first seale , which because it was lost , and at the time of our being captive in almayne , in the power of another , we caused to be changed , &c. which n hoveden thus relates , et imputans cancellario suo , hoc per ipsum fuisse factum , abstulit ab eo sigillum suum & facit sib ! novum sigillum fieri ; tum quia cancellarius ille operatus fuerat inde minus discrete , quàm esset necesse , tum quia sigillum illud perditum erat , quando rogerus malus catul●o , vice-cancellarius suus submersus erat in maeri ante insulam de cypro : & praecepit rex : quod omnes , tam clerici quam laici , qui chartas habebant , venirent ad novum sigillum suum ad chartas suas renovandas : & nisi fecerint ; nihil quod actum fuerat per sigillum suum vetus , ratum haberetur . praterea rex statuit , torniamenta fieri in anglia , & chartasua confirmavit , &c. ( making them also a money matter . ) by which passages it is apparent : first , that all these kings patents , charters , were sealed with his great seale . secondly , that the abuse , losse or absence of the great seale , is a sufficient cause to make a new one . thirdly , that the profit made by the great seale , and project of raising moneys by new charters sealed with it , was the true originall cause all sealing of charters and vvrits with his seale , and making it simply necessary in law ; there being no publique resolution or declaration declaring charters or writs not sealed with the great seale , to be voyd in law , ( for ought i finde ) before this project ; unlesse that forementioned , touching the conqueror , passe for a law , and judgement in this particular . fourthly , that the chancellour in this kings raigne had the custody of the great seale ; the indiscreet use and abuse whereof , was good ground in law to deprive him of its custody . what the office and dignity of the chancellour really was in that age , appeares by this description of it , written in or neere that time . o cancellarii dignitas est , ut secundus a rege in regno habeatur ; ut altera parte sigilli regii ( quod et ad eius pertinet custodiam ) propria signet mandata . vt capella regia in illius fit dispositione & cura . vt vacantes archiepiscopatus , episcopatus , abbatias & baronias cadentes in manum regis ipse suscipiat & conservet . vt omnibus regiis assit consilis , etiam non vocatus accedat . vt omnia sigilliferi clerici regii sua manu signentur , item , ut ( suffragantibus ex dei gratia vitae meritis ) non moriatur nisi archiepiscopus , vel episcepus si voluerit . and by the blacke booke of the exchequer attributed to gervasius talburiensis . par . 1. c. 5. cancellarius ficut in curia , sic ad scaccarium magnus est : adeo ut sine ejus consensu vel consilio , nihil magnum fiat , vel fieri debeat . verùm hoc habet officium dum residet ad scaccarium . adipsum pertinet custodia sigilli regii , quod est in thesauro ; sed inde non recedit nisi cum praecepto * justiciae ; ab inferiori ad superius scaccarium , à thesaurario vel camerario defertur , ad explenda solum negotia scaccarii . quibus peractis in loculum mittitur ; & loculus à cancellario consignatur , & sic thesaurario traditur custodiendus , &c. the custody therefore of the great seale was then reputed an unseparable part of the chancellors office and honour . king iohn succeeding his brother richard , by the nobles and peoples election , rather then by discent , as p matthew paris , with others observe ; had both a great seale and q chancellors who kept it , with which he sealed divers charters . among others one letters parents sigillo nosro munitas to the archbishop of canterbury , monkes , and other prelates persecuted by him , r restoring them to their liberties and possessions , which was dated the 13. day of may in the 14. yeere of his reigne . another dated . 〈◊〉 15. of the same moneth at the house of the templars neere dover ( chartam sigillo nostro munitam ) of his most detestable resignation of the kingdome and crowne of england to the pope , delivered to pandulph the popes legate ( to whom he did homage for england and ireland after this surrender ) which charter first sealed with wax , and after delivered to pandulph , was the same yeere , afterwards , in the cathedrall church of saint paul , before the high altar , in the presence of the clergie and people , auro bullata est , sealed with gold , and delivered to nicholas bishop of tusculan , the popes legate , to the use of the pope and church of rome , to whom he then did homage , to his eternall infamy ; which so much discontented his nobles , prelates and people , that they tooke up armes against him , and inforced him in an assembly and treaty at running-mead , to grant them the great charter of their liberties , and charter of the forest , ratified with his seale , oath , witnesses , subscriptions , the bishops excommunications , and popes bull ; and then sent his letters patents to all the counties of england , commanding the sheriffs to sweare all the men within their bailywicks , to observe the said lawes and liberties , thus granted and ratified , in the 17. yeere of his reigne . in briefe , the charter of the truce betweene king iohn and king philip of france , registred in ſ hoveden was sealed with his seale , concluding thus . qua ut perpetuum robur obtineant , prae sentem chartam authoritate sigilli nostri corrobora●●● , anno 1200. mense maii. in this kings raigne the chancellors place ( through the benefit of the seale ) became so gainefull ; t that walter de gray ( afterward archbishop of york ) profered the king 5000 markes , pro habenda cancellaria ( which was then no court , but the office of making and sealing royall writs and charters ) domini regis tota vita sua , & pro habenda inde charta dom. regis ; which great place he then obtained , or rather , purchased by his money , not merits . king henry the third , comming to the crown ( by the lords and commons u election , rather then by discent ) when he was but nine yeeres and some odde moneths old , in the ninth yeere of his raigne , ratified x magna charta , and the charter of the forest in parliament , under his hand and seale , with witnesses thereunto subscribed ; and commanding as many charters to be engrossed as there were counties in england , et regio sigillo munitis , and ratified with the royall seale , he sent one of the great charters into every shire , and one charter of the forest into every county where there were forests , to be there reserved . but this unconstant king comming to age , within two yeeres after , y in a parliament at oxford ( a fatall place for ill advice to our kings ) through ill councell , to the great discontent of his nobles and commons , annulled the charter of the forest , declaring it voyd , as granted in his non-age , when he had no power of himselfe , nor of his seale , and so of no validity ; and causing proclamation to be made , that hath the clergie and all others , if they would enjoy those liberties should renew their charters and have them confirmed under his new seale ( which he had then caused to be made , onely by way of project to raise moneys , as richard the first had done ; ) for which they were constrained to pay , not according to their ability , but the will of the chiefe iustice , hugh de burgh , to whom was laid the charge of this mischiefe : which procured him the generall hate of the kingdome ; and begat a new insurrection of the lords and commons , who taking up armes hereupon , enforced the king to call a parliament , and therein to new ratifie those charters at his full age . in this kings reigne all patents , if not writs and commissions too , usually issued under the great or lesser seale , of which there are divers presidents extant in matthew paris , and in the clause and patent rolls of this king , to which i shall referre you . and such notice was then taken of the dignity and necessity of the kings seale to charters and writs , that henry de bracton , a famous lawyer in those daies , writes expresly , that it was no lesse then treason to counterfeit the kings scale . z est & aliud genus criminis lesae majestatis , quod inter graviora numeratur , quia ultimum inducit supplicium & mortis occasionem ; scil : crimen falsi , quod in quadam sui specie , tangit coronam domini regis . vt si quis accusatus fucrit vel convictus falsificationis sigilli domini regis , consignando inde chartas vel brevia ( writs then were sealed with the kings seale as well as patents ) & apponendo signa adulterina ; quo casu , si inveniatur inde culpabilis vel seisitus , si warrantum non habuerit , pro voluntate regis judicium sustinebit . how the lord chancellors were elected , and the great seale disposed of by parliament in this kings reigne , i have a elsewhere related , and shall touch againe anon . king edward the first comming to the crowne , and proclaimed king during his absence in the holy land , his b lords and states without his privity , made both a new great seale and chancellor to keepe it ; with which in the 25 yeere of his reigne he confirmed the great charter , and charter of the forrest , in parliament . and in another parliament , in the 28 yeere of his reigne , it was enacted : that the great charter of the liberties of england ▪ and charter of the forrest shall be delivered to every sheriffe of england under the kings great seale , to be read foure severall times in the yeere before the people , in the full county . and for these two charters to be firmely observed in every point and article ( wherein no remedy was before at the common law ) there shall be chosen in every shire court , by the * comminalty of the said shire , three substantiall knights , or other lawfull , wise , and well disposed persons to be justices ; which shall be assigned by the kings letters patents under the great seale , to heare and determine ( without any other writ but onely their commission ) such plaints as shall be made against all those as commit or offend against any point contained in the foresaid articles , in the shires where they be assigned , as well within franchises as without , &c. also , e that all the kings takers , purveyors , or ratours , from henceforth shall have their warrant with them under the kings great or pety seale , declaring their authority and the things whereof they have power to make price or purveyance , the which warrants they shall shew to them whose goods they take , before that they take any thing . and chap. 6 there shall no writ from hence-forth that toucheth the common law , goe forth under any of the pety seales . these are the first statute lawes extant , prescribing , that the kings charters , patents . commissions , warrants , writs , should issue forth under the great or pety seales though they did so usually before his reigne , rather through custome , which crept in by little and little by degrees , from edward the confessours daies , unto this very parliament , as the premises evidence , till it got the reputation of a received common law and usage , and at last was thus established , as simply necessary , by these present acts ; which se●led the law in point of necessity of sealing all writs , charters , patents , with the great seale , and added such majesty to the seale it selfe , that britton , an eminent judge and lawyer flourishing in this kings reigne , ( writing his booke , as in this kings name ) reso ves expresly , c. 3. f. 10. &c. 8. f. 16. that the * counterfeiting of the kings seale is high treason ; and that the justices ought to enquire concerning the falsifiers of the seale : not only whether any have actually connterfeited it ? but also , whether any have hanged any seal by an engyn to any charters without license ; or having stollen or taken away any seale , or otherwise finding it , have sealed writs without other authority . and chap. 48. exceptions aur brefe . f. 122. he writes , it is a good exception to abato a writ s●ule brete ne fuit unques enseale de nostre seale ; ou si le ordinance et le seal de nostre chauncery us s●it point contenu . and andrew horne , another great lawyer , living in , or neere this time ; in his my●rour of justices , cap. 3. sect. 6. p. 191. among exceptions to the power of the iudge , enumerates this for one : if the commission be not sealed with the kings great seale of the chancery : car al privy seale le roy , ou al sealed ' l' eschequer , ou autre seale , forsque solement al seals que est assigne dée conud ' le cominalty del peopls , & nosmement en iurisdiction , & bres originals , ne estoit a nul obeyer des letes & usages ●el royalme , st non solement pur le roy . du elle puira ée viciouse pur le seale counterfoit , ou anterment fausse : this falsifying of the kings seale to writs , cap. 1 sect. 6. de fansonners , pag. 28 , 29. he makes a crime next to high treason ; which forging , he saith , may be indivers manners : as where a writ is sealed whereof the grosse and matter , or the forme is not avowable by the king , nor by the law , nor by the rights and customes of the realme . if a man seale after that the chancellor , or other keeper knoweth that he hath lost his warrant , by death , or any other manner . when a writ or letter passeth the seal against the kings defence . when men seale with counterfeit seales , or seale by ill art , or warrants not avowable ; and so it is falshood in those who seale and have no authority . and chap. 4. sect. 2. p. 233. thus * our ancients ordained a seale , and a chancellour for to keepe it , and to give remeliable writs to all persons without delay . then describing what manner of writs must issue , he concludes thus , and now may justices , sheriffs , and their clarks withdraw , rase , amend , and impaire them , without discerning or paine , for the writs that are made close , to the abuse of right . wherefore the seale onely is the jurisdiction assignable to all plaintiffs without difficulty . and to doe this , the chancellour is chargeable by oath in allegiance of the charge of the king , that he shall * neither deny , nor delay to render right or a writ remediable to any one . thus have i given you a briefe historicall and legall narration of the originall , growth , progresse , vse , and necessity of the great seale of england , and of the manner of making , subscribing , and sealing charters , patents , writs , with other instruments in our realme , from king aethelberts first charter , anno 605. till the end of king edward the first his reigne , when seales and * sealing grew more common , and our ordinary law-books ( which recite few or none of the premises ) begin to make mention of seales and sealing ; of whose autiquity , kinds , and present use in point of law , if any desire further satisfaction , let them consult with polydor virgil , de inventoribus rerum , lib. 8. cap. 2. henrici spelmani glossarium title , bulla , rastals exposition of the termes of the law , title : faits , sir edward corkes institutes on magna charta , pag. 554 , 555 , 556. his 11 report . f. 92. and ashes tables , title : seales ; it being not my intention to trouble the reader here with triviall common things concerning seales or sealing , but onely with such antiquities and rarities as are not commonly knowne , nor mentioned in our law books . the kings and parliaments severall and joint interests in , and power over the new-making , keeping , ordering of the great seale of england . having thus traced out the originall , progresse , use , and necessity of the great seale , through the obscure paths of abstruce antiquity , with as much verity , perspicuity , brevity as possible ; i shall in the next place summarily examine , what severall or joint interests the king , kingdome and parliament have in ; what power or jurisdiction over the great seale of england , both in respect of the new-making , keeping , or using thereof ? for the better assoyling of which grand question , now in publike agitation , i shall premise these three propositions and distinctions , which will much conduce to the clearing and resolution of this doubt . first , that our kings great and petty seals when originally invented , and whiles the use of them was onely private , or meerely arbitrary , not simply necessary in point of law , in the administration of justice , or transactions of the publike affairs of the realme , were proper and peculiar to themselves alone , and in their owne disposing power onely , as every private mans seale now is , they using them onely as private , not as publike persons , in their naturall , not politicke capacities : but after that these seals , by use and custome , became simply necessary for the publike execution of justice and affaires of the realme , and our kings made use of them in their politique capacities , as heads or supreame governours of the body of the realme , and publike ministers thereof ; the whole kingdom and parliament by this occasion , and upon this reason , came to gaine a publike interest in and jurisdiction over these seals as well as our kings : ( even as in all other inferiour corrations , the commonalty as well as the majors , in cities and boroughs ; the chapters , as well as the bishops or deanes ; the covents , as well as the abbots or priors ; the wardens , assistants and whole company , as well as the masters ; the fellowes of colledges , as well as the presidents , have a publike interest in , and power over their severall corporation-seals , made onely for their common good and affairs ; ) as i shall manifest in the sequell . and in this respect , the great seale came to be commonly called , * the great seale of england ; in our acts , as in 14. and 15. hen , 8. c. 4. 34 and 35 hen , 8. c. 26. 1 ed. 6. c. 44. 3 and 4 ed. 6 c. 12. 2 and 3 phil. and mar. cap. 20. 1 eliz. cap. 1. 5 eliz. cap. 1. 8 eliz. cap. 1. 13 eliz cap. 6 , 7 , 9. 18 eliz. cap. 2. 23 eliz. cap. 14. 39 eliz. cap. 6 43 eliz. cap. 4. 5 eliz. cap. 18. an act declaring the authority of the lord keeper of the great seale of england ( frequently thus stiled in this act ) and the lord chancellour to be one : 1 jac. c. 28. 1 car. c. 2. 16 car. c. 1. with sundry other acts , to omit law-bookes and historier . and being thus become the great seale of england , ( the parliament the representative body of the whole realme of england ) must necessarily have an interest in , and jurisdiction over it in all publike respects , even so farre as to new make it when there is need , and to dispose it for necessary affairs of parliament and the realme , when the old seale ( the proper seale of the parliament ) is purposely substracted , yea , denied them for necessary publike uses . secondly , that after the great seale became common and necessary to most publike affairs , in which regard the whole kingdome and parliament came to have a right in , and power over it ; so in other respects the king still retained a peculiar interest and prerogative in it , in all arbitrary matters of royall grace and favour , to which he is no ways obliged in point of law ; in which respect it is called , the kings great seale , as first , in cases of generall or particular charters of pardon . secondly , of indenization or enfranchisment . thirdly , of erecting new corporations , or confirming old . fourthly , of dispensing with some kinde of lawes , penalties , and forfeitures . fifthly , of conferring some kinde of lesse publike offices , and annuities for services performed or to be executed . sixthly , of granting new liberties or franchises of grace to corporations or private subjects . seventhly , of creating or conferring new honours on deserving men . eighthly , of licences for mort-maines , impropriations , alienations , consecrations of new churches or chappels , &c. ninthly , of publike collections for persons or townes distressed through fire , shipwrack , or other casualties . tenthly , of private negotiations with forraign princes , states , or subjects , and some kinde of protections , commissions of grace rather then right or justice . in all these , and such like particulars of meere grace , or lesse publike concernment , the kingdome and parliament neither properly have , nor pretend to have any publike right or jurisdiction over the great or petty seals , but leave them absolutely free to the king as if they were his owne private seales alone , so far forth as his charters , pardons , grants , licenses , dispensations , protections , commissions of this kinde are consonant to the lawes and statutes of the realme , and not repugnant to them . thirdly , the parliament and whole kingdom , as to all publike affairs of state and the administration of justice to all the subjects , hath committed the making lawfull use , power and disposall of the great seal of england in trust to the king , as to the supreame magistrate and justitiar : over which they never claime a constituting or disposing jurisdiction , whiles it is rightly managed according to law . but if this seale be either wilfully abused or substracted contrary to law , or trust , to the prejudice of the kingdome , the obstruction of publike justice , or violation of the priviledges of parliament , and not redressed after severall complaints and petitions of the houses to the king for reformation of this grievance ; whether the whole kingdome , or parliament in such a case as this , who have authority to remedy the grievances , the abuses , or wilfull absence of the great seale , have not likewise a lawfull soveraigne power to make a new great seale , and appoint a keeper of it , for supplying the absence , regulating the abuses of the old , removing obstructions of publike justice , filling up the commons house by issuing writs to elect knights and burgesses in the places of such as are dead or justly expelled ( now denied ; ) sealing of writs of errour in parliament and other such publike parliamentary affairs necessarily requiring the presence of the great seale ( the proper seale of the high court of parliament , which hath no other seale but it ) and lord chancellour ( the ordinary speaker of the lords house , by vertue of his very office in all ages , ) and so his and the great seales presence absolutely necessary , unlesse dispensed with by the house upon inevitable occasions of absence ; is the sole question now in debate ? and under correction , in this case , and for these publike ends alone , i humbly conceive , the parliament both lawfully may cause a new great seale of england to be engraven , constitute a chan●ellour to keepe it , and seale writs for new elections , writs of errour in parliament , with other necessary writs and commissions with it , for the publike administration , expedition of justice , the better transaction of all parliamentary state affaires now obstructed , to which the great seale is requisite . this i shall endeavour to make good by presidents , by reasons of law and state-policy ; beginning with the new making , and then proceeding to the keeping and ordering of the seale , during the present differences and necessity . first , there are two memorable presidents in our histories and records , of making a new great seale by the lords and commons in parliament , without the kings actuall assent , which will over-rule our present case : i shall begin with the ancientest of them ; * king henry the third departing this life , whiles his sonne prince edward , was militating in the holy land against christs enemies ; hereupon the nobles and states assembled at the new temple in london , the day after the kings funerall , proclaimed prince edward his sonne king , ordained him successor of his fathers honours , though they knew not whether he were living ; et facto sigillo novo , writes matthew westminster . and causing a new seale to be made ( so daniel ) they appointed faithfull ministers and keepers for the faithfull custody both of the seal , kings treasure and kingdoms peace . loe here a new great seale made by the lords and states in the kings absence , without his privity , for the necessary execution of justice , either in an assembly out of parliament ( as some suppose this meeting was ; ) or at least wise in a parliament , assembled , held , yea ordaining a new great seale , new officers of king and state , without the kings presence or privity , and then it is our present case in effect : for if this assembly of the states , even out of , or in parliament , in this case of necessity , during the kings inevitable absence , might lawfully make both a new great seale , chancellour , treasurer , judges , justices of peace , and other officers of king and state ( as they did , and conceived they might justly doe , none then or since disavowing or censuring this act of theirs , for ought i reade , but all approving , applauding it as legall , ) then certainly this parliament assembled and ratified by the king himselfe , being the greatest soveraigne power , and having farre more jurisdiction then any councell or assembly of lords out of parliament , may much more justly and loyally cause a new great seale to be engraven , and appoint a keeper of it , during the wilfull absence both of the king , keeper , and old great seale from parliament ( contrary to all law and former presidents ) for the better expedition of justice , and transaction of the affairs of the parliament , being the parliaments proper seale , and anciently appointed by it , as hornes * preceding words import . the second president is , that of king henry the 6 , his reigne , who being but an * infant of 9. moneths age when the crown descended to him : there * issued forth a commission in this babes name , to humfry duke of gloucester , his uncle , then protector , to summon and hold a parliament in his name ; which being assembled , num. 14. the bishop of durham lord chaeuncellor to henry the 5th . resigned up the old seale of england to king henry the 6. in the presence of divars credible witnesses , and the bishop of london , chancellor of the dutchy of normandy . resigned up also the seale of that dukedom to him , after which num. 15. it was enacted and provided by the lord protector lords and commons in that parliament ; that for as much as the inheritance of the kingdomes and crownes of france , england , and ireland were now lawfully descended to the king which title was not expressed in the kings seales , whereby great peril might accrue to the king , if the said inscriptions were not reformed according to his title of inheritance ; that therefore in all the kings seals , as wel in england , as in ireland , gvyen , and wales , this new stile should be engraven : henricus dei gratia , rex franciae , et augliae , et dominus hibemiae , according to the effect of his inheritances ; blotting out whatsoever was formerly in them superfluous , or contrary to the said stile . and that command should be given to all the keepers of the said seales of the king , to reforme them withovt delay , according to the forme and effect of the new seale aforesaid , num. 16. the lords and commons in this parliament constitute and ordaine a new lord chancelovr of england , lord treasurer , and keeper of the privy seale ; granting them saverall letters patents of these offices in parliament in the kings name . and num : 17. the liberties , annuities , and offices granted by king henry the 5. and his ancestors to souldiers in foreigne parts , were confirmed in parliament , and their parents ordered to be sealed with the kings new seales , with our paying any fee . here we have not onely the great , but privy seal , yea all the kings seales in england , ireland , france , wales , resigned , altered , ordered to be new made , and the chancellours and keepers of them expresly created by the lords and commons in parliament , without any personal actual consent of the king , ( then an infant ) for the necessary administration of iustice , and great affaires of the realme ; no man ever questioning , much lesse censuring this act of theirs , as illegall , or treasonable , within the statute of 25. e. 3. of counterfeiting the kings seale ; but all approoving it as just and necessary . therefore , doubtlesse the present parliament may doe the like in this unparallel'd case both of the kings , l. keepers , the great and privy seales wilfull absence and substraction from the parliament , of purpose to obstruct all proceedings in parliament , and the course of common iustice . these two famous presidents are not singular , but backed with the authority of iudge horne , fore-cited , p. 15. and many other of like nature , and reason , even in printed statutes . the statute of acton burnel made in the 13. yeare of king edward the first , for the more speedy recovery of the merchants debts , gives the mayors of london , yorke , and bristall authority to take recognisances of debts before them to be made by the clerke appointed for that purpose : whereunto the seale of the debtor shall be put , with the kings seale , that shall be provided for that pvrpose ; the which seale shall remaine in the keeping of the maior and clerke a fore-said . and the kings seale shall be put unto the sale and delivery of the goods devisable for a perpetuall witnesse . wee have here a new seal of the kings , with speciall keepers of it , appointed for recognisances , and the uses thereof limited , by a speciall act of parliament : confirmed in another parliament , touching statute merchants , made the same yeare ; 13. e. 1. which further enacts , that another seale shall be provided , that shall serve for faires , and that the same shall bee sent unto every faire , under the kings seale , by a clerke sworne , or by the keeper of the faire . and of the commonalty of london two merchants shall be chosen , than shall sweare , and the seale shall be opened before them , and one peece shall be delivered unto the foresaid merchants , and the other shall remaine with the clerk : 13. h. 8. c. 6. 2. & 3. e. 6. c. 31. second those acts. 27. e. 3. parl. 2. c. 1. 9. enact . that the mayor of the staples shall have power to take recognizances of debts , which a man will make before him , in the presence of the constables of the staple , or one of them . and that in every of the said staples be a seale ordained , remaining in the cvstody of the said maior of the staple , under the seales of the same constables : which is againe enacted . 15. r. 2. ch. 9. & . 8. h. 6. c. 18. the acts of 12. r. 2. c. 3. & . 7. ordaine , that a seale of the kings shall be made , assigned , and delivered to the keeping of some good man of the hundred , rape , or wapentake , city , or burrough , after the discretion of the iustices of peace , to be kept to this intent , to make letters patents to servants , labourers , vagabonds , pilgrimes , who shall have occasion to depart out of the hundred , rape , or wapentake where they lived , to serve or dwell else where , &c. and that abovt the same seale shall bee written , the name of the county , and overthwart the said seale , the name of the hundred , rape , or wapentake , city , or burrough . and 14. r , 2. 11. enacts that seales be made for the servants , and delivered unto the keeping of some good men of the covnty , after the purport of the said statutes : here the kings new seale , forme of it , and keepers too , are ordered by parliament . the statutes of 27. e. 3. c. 4. 3. r. 2. c. 2. 15. r. 2. c. 10. 17. r. 2. c , 2 prescribe a new seale to the kings aulnegeors and collectons of subsidies , wherewith all cloathes shall be sealed before they be sold , under paine of forfeiture , 1. h. 4. c. 19. & 9. h. 4. c. 2. it was enacted ; that certaine cloathes should not bee sealed by them for three yeares , 4. h. 4 c. 6. enacts , that one sufficient man should be assigned by our soveraigne lord the king , to seale the clothes that shall be wrought and ful●ed in london , and the suburbs of the same , with a seal of lead , as of old time was used in the said 〈◊〉 and suburbs , 11. h. 4. c. 6. ordaines , that a new seal , having a signe and marke differing from the old seale of the office of the kings aulnegeor , shall be made and delivered to the avlnegeors . and that after the same so newly made and delivered , proclamation shall be made in the west , and in other places through the realme , that no cloathes shall be sold ( of such sorts mentioned in the act ) before the aulnegeor hath searched and measured them , and set the new seale of his office to them , which is confirmed by 13. h. 4. c. 4. this seale by 11. h. 6. c. 9. is stiled , the kings seale thereunto ordained , and prescribed to be put to cloathes , so 18. h. 6. c. 16. a line , is prescribed to bee sealed for the measuring of cloath , 8. e. 4. c. 1. enacts , that broad cloathes shall bee sealed by the kings aulneger , or sealed with the seales of the subsidy and aulneger therefore ordained , and in wax . and 4. e. 4. c. 1 that for kersies and short cloathes a seale of lead shall bee ordained , and by the treasurer of england for the time being , provided , and hanged at the lower part of the edge of the said cloath : and that the treasurer of england for the time being , shall have power and authority to make such , and so many keepers of the said seales as he shall thinke necessary ; so that no stranger born be made any of the said keepers , 17 e. 4. c. 1. 1. r. 3. c. 8. and other statutes enact the like , 25. h. 8. c. 8. 27. h. 8. c. 3. & 4. e. 6. c. 2. 5. e. 6. & 6. 2. & . 3. phil. and mary . 12. 4. & 5. phil. and mary , c. 5. 8. eliz. c. 12. 23. eliz. c. 9. with other acts , prescribe divers sorts of seales of lead , to seale cloathes withall , conteyning the length , or length and breadth of the said cloathes ; some of the seales for ill cloathes , to have faultie engraven in them ; others , that are dyed and madered , the letter m. and the like ; some to be kept and affixed by the aulnegers , others by the searchers appointed in every county , towne , or burrough ; such variety of seales , and keepers of them have these severall parliaments prescribed onely for cloath , which yet they stile the kings seales ; though neither made , kept , disposed of , nor the forme prescribed by him , but the parliament . see the like for leather , 5. eliz. c. 8. the statute of 11. h. 6. c. 6. makes mention , of seales assigned to the customers office , and punisheth the abuses of them , set to blanke scrowls , with forfeiture of goods , as in case of felony . 12. ed. 4. c. 3. the statute of tunnage and poundage for guarding the seas ; enacts , cloath of gold , silver , baudkin , velvet , damaske , satyn , chamlets , silkes , &c. brought from beyond the sea shall be sealed in one end thereof before it bee sold , with the seale or marke especially to be ordained for the same , whereof the collectors of that subsidy shall have the one part , and the comptroller the other part , severally in their custody : which is confirmed by 4. h. 8. c. 6. & 21. h. 8. c. 21. 14. & 15. h. 8. c. 3. appointes a severall warden of the worsted-makers in the townes of yarmouth , and lynne , to be annually chosen , and serve to surveigh and search the worsteds there made ; and that the warden of yarmouth so elect and sworne ; shall ordaine and appoint a seale with the letter y : and the warden of lynne a seal with the letter l , to be engraven in the same seal : and to seal in lead with the same seales so to be appointed and engraven , and none other , all worsteds and flannins within these townes and their suburbs : 14. & 15. h. 8. c. 5. ordaines a speciall common seale for the corporation and colledge of physicians in london . 27. h. 8. c. 27. which establisheth the court of augmentations , and prescribes the severall officers in it , with the oathes they shall take ; enacts likewise , that this court shal have one great seale , & one privy seale , to be ingraven and made after such forme , fashion , and manner as shall be appointed by the kings highnesse ; that the chancellour of this court shall have the keeping of these seales , which shall remaine and be ordered as in that act is at large declared . the statute of 33. h. 8. c. 39. which erects the court of surveighers , prescribes a particular seale for that court , the person by whom it shall be kept , and how it shall bee used , together with all the officers of that court , their oathes and fees . so 34. h. 8. c. 26. enacts ; that there shall be severall originall and judiciall seales made for the severall counties and circuits of wales ; prescribes the severall parties that shall keepe these seales , what writts and processes they shall seale with them , and what fees they shall take for them ; as you may read at large in the act. in like manner the statutes of 32. h. 8. c. 45. & 33. h. 8. c. 22. enact the court of wards & liveries , to be a court of record ; and that they shall have one seale to be engravin and made after such form , fashion , and manner as shall be appointed by the kings highnesse , which shal remaine and be ordered as is afterward declared in those acts ; prescibing who shall keepe it , how it shall be used , and what fees shall be paid for it : and 32. h. 8. c. 45. ordaines a particular seal for the court of first fruites and tenthes , which it erects , with the officers that shall keepe it , their oathes , and fees for sealing with it . true it is , these statutes leave the forme and fashion of these seales last mentioned to the kings appointment ( which they might have likewise prescribed , as in the former acts ) being is matter of no great moment ; but the keepers , use , ordering , and fees of all these seales , are punctually limited by the parliament , and not left arbitrary to the king . and to trouble you with no more acts of this nature , the statute of 1. e. 6. c. 2 enacts , that all arch-bishops , and spirituall persons , under the paine of a premunire , even in the kings ecclesiasticall courts , shall make out all their processes in the kings name , with the kings stile , as it is in writs originall and judiciall at the common law , and shall from the first day of i●ly , have in their seales of office , the kings highnesse armes decently set , with certaine carects under the annes , for the knowledge of the diocesse , and shall use no other seale of jurisdiction , but wherein his majesties armes be engraven , here the expresse forme as well as use of these seales is prescribed by the parliament , and not left arbitrary to the king or bishops . if then our parliaments in all these cases have thus prescribed new seales of the kings for his courts and officers , together with the forme , custody , use , and fees of them in these severall acts ; why they may not likewise enjoy the making of a new broad seal to supply the absence of the old , in the cases fore-mentioned , i cannot yet discover , it being the parliaments seal , and great seal of-england , and so commonly stiled in sundry printed statutes , as well as the kings , in respect of the publike justice and affaires of the realme of england , and parliament which represents it ; if the major , bayliffes , bishop , dean , president of a colledge , mr. of a company , abbot or prior , or chief justice shall detaine or withdraw the common seales of their severall corporations or courts ; the common counsell , aldermen , chapter , fellowes , livery-men and courts , may doubtlesse lawfully make new seales without , yea against their consents , and use them too for their common affaires , without injury or forgery : and why the parliament then may not in such cases , make a new great seale of england , by like reason without the kings consent , when the old ( their onely seal ) is purposely withdrawne , and kept from them to hinder their proceedings , i cannot yet discerne . if any here object ; first , that it is high treason both by the common and statute law , to counterfeit or make the kings great seale without his privity or consent , as is evident by glanuil , bracton , britton , here forecited . 3 e. 1. c. 15. 25. e. 3. stat. 5. c. 2. of treasons . 5. h. 4. c. 15. 27. h. 8. c. 2. 1. e. 6. c. 12. 1. mar. parl. 1. c. 6. stamford , l. 1. c. 1. brooke , treason . 3. 13. 17. cromptons iurisdiction of courts . 69. and generally all our law-bookes . therefore for the parliament , or any else by their command , to make and use a new broad seale . i answer : 1 that this is true onely of private men who make a broad seale by their owne particular authority , in deceite of the king and kingdome , not of the parliament , or any imployed to make or use it by their authority ; the parliament the supreamest power of all others , being uncapable of treason , and out of the words and intention of the seand all acts concerning treason , as i have a elsewhere proved at large ; to which i shall referre you . secondly , the king hath his great seale of england , not in his owne particular , but the kingdomes and peoples right alone , as their publique minister and servant , for their use and benefit , the kingdome , and parliament which represents it , being the b proprietors of this seal , which upon the kings decease is ever surrendred to the successor king , as belonging to the kingdome , as the seales of other corporations goe to the mayors , bishops , deanes , abbots , presidents , succesors , not their heires , executors , or administrators , as other mens seals doe . the kingdom and parliament therefore being the true proprietors of it , as it is the publique seal of the kingdome , not the king , may lawfully give order for the new making of it , even without the king , in case of necessity , when it is unduly withdrawn , with-held , thirdly , the forging of the great seale is high treason onely , as it is the c kingdomes common seale , not the kings private and particular seale ; and an offence against the kingdome , and king himselfe only in his politick publike capacity , as head of the kingdome , not in his private : whence counterseiting of the kings signe manual , privy signet , or privy seales were no high treason at common law , ( being no publike , but rather private seales of the kings ) till they were made so by 27. h. 8. c. 2. since repealed by . 1. e. 6. c. 12. 1. mariae sest. 1. c. 1. rastall treason , 13. and so no treason at this day : even as the compassing of the kings death is no treason , considered onely as he is a private man , but as a d publike person , invested with his politick royall capacity . if then the parliament ( the representative body of the kingdome , against which all treason in counterfeiting the great seal are principally committed , & the true proprietory of this seale ) shall order a new great seale to be made , or used , for the service of it selfe and the kingdome in this case of necessity , it cannot possibly be high treason in them or their agents , for then they should be traytors to and against themselues , and suffer for an offence against themselves and the realme , done by their owne votes , and assents in parliament . fourthly , the counterfeiting of the great seale , mentioned in those law bookes and statutes , is that onely which is secret , fraudulent , traitorly in deceit of the king , kingdome , subjects ( f ) like to counterfeiting of false many , ( ever joyned with it ) by private persons , as our law bookes , and all cases of this nature adjudged high treason , attest ; whence it is stiled , crimen falsi : falsificatio sigilli , &c. by ( f ) bracton and others , and such like offenders , fanscors des sealx : and the inditements must be , that they did it proditorie : neither of which can be intended of , or applyed to the new making of a great seale by authority of parliament , for the necessary administration of iustice and benefit of the realme , when the great seale is substracted , as now . fiftly , the lords and parliaments making a new great seale in the absence of edward the 1 : and infancy of henry the 6 without their privity or consent , to supply the defects of justice , which else would have ensued , was never reputed treason , but a lawfull act : therefore the present making of a new seale , to remedy the willfull absence of the old , without the kings consent , ( who withholds it and the keeper from the parliament * against all law and former presidents ) can be no treason but a lawfull act. and since the parliaments of england in the absence , infancy and dotage of their kings , have usually of right made lord protectors , and chancelours , who had power over the great seale ( as i haue e elsewhere largely proved ) they may be the selfesame reason , make a new great seale likewise , to supply the willfull absence of the old . finally , all the objected statutes and law bookes adjudged it high treason , to counterfeit the kings mony as well as his seale , and joyne them both together in one clause but the parliament hath a long time coyned money at the tower , and made new stamps to doe it , when the old were broken or worne out , without any charge or taxe of treason : therefore they by like reason may make a new great seale without treason . if any secondly object : that to make a new great seale ( of engand ) is all one in effect , as to make a new king of england . i answer 1. that to deface the kings old seales and signets , by publique acts of state , as the hollanders did the king of spaines , when they cast off his government for his tyranny ( which they , h and popish authors held they might lawfully doe , ) and to appoint new seales in every province onely , with the names and titles of the private governours and provinciall consuls of every province , without the name and title of the king of spaine , whose authority they abjured with a solemne oath ; would in truth be to set up a new king , and government ; but to make a new seal , onely like , or not much different from the old , to supply its absence , with the kings owne picture , armes , stile and title , is no wayes to impeach , but confirme his royall authority , being done in affirmance , onely , not dis-ffirmance of it , as lawyers speake . thus their making of a new seale in edward the 1. and henry the 6. his raigne forementioned , was the highest confirmation of their authorities , and the greatest expression of the subjects loyaltyes that might bee ; and why the parliaments making of a new great seale to supply the absence & defects of the old , should be deemed a setting up of a new king against his majesty , more than the parliaments frequent constituting of lord protectors , in former times to supply the infancy absence , dotage , or imperfections of our kings ( of which i have cited you many presidents elsewhere ) which all esteemed to be a ratification , not nullification or alteration of their royall authority , ( or the coyning new money now , to supply the want of old , ) transcends my understanding to apprehend : since those who may lawfully make a vice-roy to represent the person , or execute the soveraignty of a king in his name and right , may with as good reason and authority to , make a new great seale , to supply the defects and affected absence of the old , the seale being lesse than the person and soveraignty of the king , and the proper seale of the parliament . 2. this will further appeare by considering in the second place , what power and authority our parliaments have claimed and exercised as of right , over the custody and disposing of the great seale of england . first , they have usually chosen and nominated the lord chauncellour , and keepers both of the great and privy seale of england , together with the lord protectors , lord treasurers , privy counsellors , and other great officers of the realm , as i have i elsewhere plentifully manifested , and committed the great seale to the chancellours custody onely . secondly , they have ordered , k that the chancellour should not be put from the custody of the seale , nor the seale taken from him without the common counsell and consent of the whole realme in parliament ; upon which ground , ralph nevill bishop of chichester , anno. 1236 when king henry the third upon a displeasure , earnestly demanded the great seale of him , being then lord chancellour , absolutely refused to deliver it to the king ; saying , that he could by no meanes doe it , seeing hee had received it by the common covnsel of the realm , and therefore he neither could , nor would resigne it withovt the common covnsell of the kingdome , to wit the parliament : yea the l parliament , an. 28. of henry the third , to prevent the abuses of the great seal which the king then began to take from the chancellour into his owne custody , abusing it to ill ends ) voted ; that if the king by any intervement occasion should take away the great seale from the chancellour ( who should alwaies be chosen by the parliament , or its assent , ) what soever should be sealed in the interim should be reputed voyd & frvstrate ; till restitution of it were made to the chancellour : after this , the m parliament in richard the second his raign , disposed both of the chancellours place and the great seale ; and henry scroope made lord chancellour by it , refused at first to deliver up the seale to the king who demanded it of him ; and when hee extorted it from him , the whole kingdome were much displeased , and murmured against it . thirdly , the chancellour of england , n hath resigned up his office and great seal of england , in and to the parliament , who have disposed of it to a new chancellour in parliament , as you may read in the parliament roles of 4. h. 6. nu. 14. 15. without the king . and the o arch-bishop of york l. chancellour of england , when k. edward the 4th . dyed , was much blamed , for delivering up the great seale of england to the queen mother : whereupon the seal was taken from him ; and delivered by the l. protector to dr. russel bishop of lincolne . in regard of which disposing power , both p of the chancellour and great seale by parliament ; both of them are usually stiled in statutes , the act for triennial parliaments , histories , ( p ) the chancellur and great seale of england . how the parliament hath ordered and appointed the custody of the kings other seales from time to time , i have shewed in the fore-cited acts , and will not repeat ; but conclude , that if our parliaments have enjoyed such a power and jurisdiction over the great seal , the chancellours and keepers of it heretofore , when there was just cause ; they may exercise the selfe-same power over them now , especially when both of them have bin purposely withdrawne , & detained from the parliament so long , to retard , annihilate its proceedings contrary to law , and the act for its continuance . thirdly , the parliament hath exercised a power over the great seale , and other seales of the king ; as the dutchy seal , exchequer seale , seale of the court of words and liveries , of the court of augmentations , of first fruits and tenths , staples , surveyors , seales of cloth and other merchandize , safe conducts , customes , ecclesiasticall courts , and the like ; in prescribing what patents charters , commissions , protections , warrants , grants , writs , pardons should bee passed under them or any of them , and what not ; and where the great and priety seale shall be used to promote right , and where not used to stay right or justice in any case whatsoever . this is evident by the severall statutes of 13. e. 1. of acton burnell , and statute merchants , 25. e. 1. c. 1. 28. e. 1 c. 1. 2. 6. 20 18. e. 2. statute e. 1 prses . 2. e. 3. c. 8. 4. e. 3. c. 4. 5. e. 3. c. 2. 14. e. 3. c. 14. 15. stat. 3. c. 1. & stat. 4. 15. e. 3 c. 3. 18. e. 3. stat. 2. c. 1. 36. e. 3. c. 2. 42. e. 3. c. 9. 1. r. 2. c. 6. 5. r 3. c. 9. 10. 14. 6. r. 2. c. 4. 18. r. 2. c 1. 12 r. 2. c. 8. 13 r. 2. c. 2. 13 r. c. 2. stat. 2 c. 16. r. 2 , c. 6. 2. h. 5. c. 4. 5. h , 5 c. 7. 10. h. 6. c. 7. 15. h. 6. c. 3. 20. h. 6. c 1. 31. 13. eliz c. 7. 14. eliz. c. 6. h. 6. c. 2. 1. e. 4. c. 1. 3. h. 7. c , 1. 4 , h. 7. c. 14. 14. & 15. h 8. c 4. 21. h. 8. c. 16. 17. 20. 23. h. 8. c. 7. 25. h. 8. c. 19. 21. 22. 27. h. 8. c. 2. 5 , 11. 15. 16. 27. 34. & 35. h. 8. c. 16. 21. 26. 1. e. 6. c. 2. 5. 8. 12. 14. 3 , & 4. e. 6. c. 8 39. eliz. c. 5. 43. eliz. c. 4. 11. 12. 5. & 6. e. 6. c. 1. 1. eliz. c. 1. 5. eliz. c. 1. 4. 2 , & 3. phii. & mar. c. 20. above all by * the act for the preventing inconveniences happening by the long intermission of parliaments , made this parliament when fullest by his majesties and both houses unanimous assents ; with infinite other statute . and as the parliament hath thus ordered and limited the use of the kings own seales , so likewise the seales of sheriffes , coroners , corporations , mayors of staples , iustices , iudges , searchers , and other officers ; together with the seales of jurors , electors of knights burgesses of parliament and sundry other persons , as to publike uses . witnesse the statute of rutland . 10. h. 1. 13. e. 1. the statute of acton burnell , and of statute merchants . 13. e. 1. c. 13. 31. 39. the statute of quo warranto 18. e. 1. 1. e. 3. c. 8. 2. e. 3. stat. 3. c. 5. 5. e. 3. c. 2. 10. e. 3. c. 3. 14. e. 3. c. 16. 25. e. 3. parl. 5. c. 1. 5. 21. 27. e. 3. parl. 2. c. 4. parl. 3. c. 1. 9. 42. e. 3. c. 3. 43. e. 3. c. 1. 12. r. 2. c. 7. 8. 13. r. 2. c. 11. 18. 1. h. 4. c. 19. 2. h. 4. c. 17. 4. h. 4. c. 6. 7. h. 4. c. 13. 9. h. 4. c. 2. 11. h. 4. c. 6. 1. h. 5. c. 9. parl. 2. c. 5. 3. h. 5. c. 3. stat. 2. 6. h. 6. c. 4. 8. h. 6. c. 18. 9. h. 6. c. 10. 11. h. 6. c. 9. 16. 15. h. 6. c. 6. 18. h. 6. c. 19. 33. h. 6. c. 7. 1. e. 4. c. 1. 4. e. 4. c. 1. 8. e. 4. c. 1. 1. r. 3. c. 8. 14. & 15. h. 8. c. 3. 23. h. 8. c. 7. 25. h. 8 c. 19. 26. h. 8. c. 14. 1 e. 6. c. 14. with other acts. therefore the parliament may by the same , or a like reason , exercise a iurisdiction in making a new great seale , and directing the ule of it for the common good , to supply the absence of the old . fourthly , the parliament hath caused this new seale to be made , principally to compleat the house of commons by sealing writs for new elections of knights and burgesses , in places of the old who are dead , or justly expelled : and what power the kingdom and parliament have anciently exercised in this , or the like cases , i shall give you a briefe account . first , the lords and commons have sundry times in former ages , not onely enforced our kings to summon parliaments against their wills , when necessary , but likewise sent out writs to summon a parliament , and elect knights and burgesses , under the great seale of england in our kings names , without their privity and assent , as i have * elsewhere manifested by sundry presidents : and by the very act for the * trieniall parliament , ( assented unto by his majesty , and all the lords and commons who are , or were with him at oxford ; this very session of parliament ) it is expresly provided , that in case the king refuse or neglect to summon a parliament every three yeeres , next after the last day of the last parliament preceding it , by writs under the great seale of england ( so frequently stiled in this act ; ) that then every lord chancellour of england , the lord keeper of the great seale of england , and every commissioner and commissioners for the keeping of the great seale of england for the time being , within sixe dayes after the tenth day of september in every such third yeere , shall in due forme of law , without any further warrant or direction from his majestie , his heirs or successors , seale , issue forth , and send abroad severall writs of summons to the respective peeres of the realme , and writs of election to the sheriffs of the severall counties , cities and boroughs of england and wales , &c. for the electing of knights , citizens , and burgesses to serve in parliament : prescribing , that every lord chancellour , keeper , and commissioner aforesaid , shall take an oath , truly and faithfully to issue forth and send abroad all writs of summons to parliament for both houses , at such time and in such manner as is expressed in this act ; under paine of being disabled ipso facto from their places , in case of refusall or neglect . and then the lords are ordered to meet at westminster without writ or summons , and any twelve of them are enabled , to grant out writs of summons under their hands and seales , to all sheriffs of counties , cities , and boroughs , which shall be of the same force to all intents as the writs of summons to parliament under the great seale of england . and in case the lords neglect or refuse to issue such writs , then the sheriffs , majors , and bailieffs of counties , cities , and boroughs , without any writ at all : and in their default or neglect , the free-holders and citizens of each county , city , and borough , are enabled to elect knights , citizens , and burgesses , without any writ at all , and the election and parliament to be as effectuall , as if summoned under the great seale of england . if then a parliament may be thus summoned by the lord keeper himselfe , by a writ under the great seale , without the kings privity , or contrary to his command ; or by a writ under the lords seals only ; or without any writ at all , in some cases , and that by expresse provision of an act made this parliament : why this parliament may not , by as good or like reason ( now it is assembled and perpetuated by another act ) make a new great seale to seale writs of election , or grant out their writs without the great seale , by an ordinance of parliament onely , to compleat the houses , now the great seale hath beene so long absent , and such writs refused to be issued under it , though oft desired ( without any danger of treason , or derogation to the kings prerogatives i cannot yet dicerne . it being farre lesse , for a sitting parliament in this case , to make a new great seale , or issue out writs of election without the kings privity ( now in armes against it ) to recrute it s own members , then for the chancellour , keeper , lords , or commons themselves out of parliament thus , either with , or without writ , to summon and hold a parliament , without , yea against the kings assent , his proclamations or inhibitions to the contrary . and those fundamentall principles of law , state-policy , with that soveraigne power of the parliament and kingdome , above our kings , which induced both houses thus to make , and his majestie readily to assent to this late act , for the common benefit and safety of the realm , in case of his owne or the lord keepers wilfull neglect , or refusall to doe their duties ; will doubtlesse inable the houses now sitting , to make a new great seale , or issue out writs of election , errour , and the like , either under it or without it , during the voluntary absence of the king , lord keeper , and great seale from the parliament ( contrary to law , custome , duty , oath ) of purpose to compleat the houses , and expedite publike justice , obstructed by their absence . and the rather may the parliament doe it in case of writs of election , because such writs , with the elections made by vertue of them , have usually beene ordered , formed , issued our , determined , judged onely by the parliament ; and writs for new elections ( by reason of death or removall ) have constantly issued out , of course , by order or warrant from the speaker or commons house onely , without speciall warrant from the king himselfe without refusall or deniall , as is evident by the statutes of 5 rich. 2. cap. 4. 7 hen. 4. cap. 15. 11 hen. 4. cap. 1. 8 hen. 5. cap. 1. 6 hen. 6. cap. 4. 8 hen. 6. cap. 7. 10 hen. 6. cap. 2. 23 hen. 6. cap. 11. 32 hen. 6. cap. 15. 8 hen. 8. cap. 16. 35 hen. 8. cap. 11. br. parliament 7. dyer f. 60. cromptons iurisdiction of courts f. 3 , 4 , 16. neither can they be denied , o● the houses kept incompleat against their wills by his refusall , without apparent breach of the priviledge of parliament , yea , of magna charta it selfe , as the lords resolved , an. 1256. in henry the third his reigne , and the whole parliament since 1 hen. 4. rot. parl. num . 21 , 22. as i have * elsewhere proved . from all which authorities i humbly conceive , the parliament may lawfully in the case fore-stated , both make a new broad seale and keeper of it , to fill up the houses , and redresse the obstructions of justice , of parliamentary proceedings , occasioned by the great seales absence . to these authorities i shall annex the ensuing reasons both of law and state : first , the parliament the supreame power and judicature in england , having the chiefe interest and propriety in the great seale of england , in respect of ●●s publike use , may lawfully new make and use that seale which is it own in respect of property and use ; and the kings only as their publike minister . secondly , that the parliament being the chiefe state-physician of the realme , may , and ought by law to redresse all publike grievances : therefore the grievances and obstructions of justice , occasioned by the old great seale and lord keepers absence or abuse , by making new . thirdly , the parliament may and ought to supply all defects , defaults of state officers , laws affairs , prejudiciall to the realme : hence it alwayes hath supplied the minority , detage , or absence of our kings by constituting a vice-roy of their own election to exercise all royall authority ; the absence of the lord keeper or speaker of the lower house , when sicke by substituting others to supply their places ; the defects of the common law by new statute-laws ; and providing new laws courts , seale , against new mischiefs , not remediable by old acts. this appeares most lively by the act for trieniall parliaments forecited , wherein the wilfulnesse and negligence of the king , is ordered to be supplied by the lord keeper ; the lord keepers , by the lords ; the lords , by the sheriffs of counties , majors , and bailiffs ; and theirs by the freeholders , citizens , and burgesses . the councell of basil , and others * forecited are to like purpose : and the statute of 25. hen. 8. c. 21. which law abolishing the popes authority , enables the archbishop of canterbury , to grant all ecclesiasticall licences and dispensations here , which the pope alone formerly granted at rome ; and then provides , that in case the archibishop should wilfully and obstinately refuse to grant such licences and dispensations to those who demanded them without a just and reasonable cause ; that then an injunction should issue out of the chancery under the great seale to him , commanding him to grant them ; and if he then wilfully refused to doe it , that then the king upon every such default and wilfulnesse , should grant a commission under the great seale to any two prelates or spirituall persons that would grant them , by an instrument in writing under their seales . the parliament therefore now summoned and sitting , by like reason lawfully may , and is bound in duty to supply the present wilfull absence of the lord keeper and great seale , ( treacherously carried from it beyond expectation , contrary to promise , and so long detained thence ) by constituting new ones in their places . it was one principall article preferred by * the parliament against cardinall wolsey , that when he was sent ambassadour into flanders , to the emperour , he carried the great seale with him without the kings consent ; for which he was displaced and fined . much more then may the parliament displace the lord keeper , for carrying away the great seale ( the onely seale of this high court ) in a surreptitious manner from them , contrary to his duty , without and against their consents , and make a new great seale and keeper in lieu of the old . fourthly , the parliament is bound to take care , that publike justice ( according to * magna charta ( and other acts ) be not delayed nor denied to any subjects that desire or neede it , being the supreamest court of justice , to punish all offences , neglects , supply all defects in the highest officers of justice : therefore to provide a new broad seale and keeper of it , since publike justice is denied to most , obstructed , delayed to all , by the unlegall wilfull absence of the old great seale and lord keeper from the parliament , and courts at westminster . fifthly , the houses of parliament , in point of honour , trust , duty , more especially since their late protestations and covenants , are bound universally to preserve their own just priviledges , rights , and liberties ; whereof these are indubitable ones . that the lord chancellour & keeper of the great seal of england , together with the seal it selfe remaining in his custody , ought alwaies constantly to attend the parliament and be present with it . first , x because the lord chancellor or keeper of the great seale is alwaies a necessary member of the vppor-house , and the speaker of it , by vertue of his very office . secondly , because not onely constant custome , but y sundry acts of parliament , require the chancellours , and keepers speciall presence in parliament , in direct termes . thirdly , because the chancellour , and great seale are , and ought to be necessarily present in parliament , being the onely proper seale of this highest court , for divers publique ends . 1. to issue out writs z of summons and new elections , for summoning the members of both houses , as oft as there is need , to keep the houses compleat . 2. to seale writs of a error , brought in parliament . 3. to seale b writs of priviledge for members of parliament , or their meniall servants . when there is cause . 4. to issue and seale such c new writs as shall be devised in parliament , upon new occasions . 5. to issue out and seale such d commissions as shall be necessary upon publique imployments , trials criminall or judiciall , taxes or subsidies , appointed in and by parliament . 6. to seale such e patents and charters of honours , lands , priviledges , offices , and the like , which shall be thought meet to be granted in parliament , as most old charters were . 7. to seale parliament pardons and all proclamations , exemplifications of private acts of parliament , and such acts as are to be proclaimed , to such who require them , 2 h. 5. c. 4. 1 r. 2. c. 6. 1 h. 7. f. 23. 25. coronc . 49. 33 h. 6. 17. parl. 1. 21 e. 4. 56. dyer . 135. cooke l. 8. f. 7. 8. 28. 43 e. 3. c. 5. 2 h. 5. c. 46. 1 h. 6. c. 2. 26 e. 3. c. 16. ashes tables proclamation . 39. in all these respects , with others , the lord chancellours , keepers , and great seales presence being simply necessary in parliament , ( where by law and custome they ever have beene , and ought to be , till this late president , ) the houses lawfully may , and in point both of honour and justice , ought , for the maintenance of their owne undoubted priviledges , to constitute a new great seale , and keeper of it , if the old be not returned to them speedily , having beene wilfully , above twelve moneth space , withdrawne , detained from them , on purpose to dissolve the parliament , retard or frustrate all its proceedings , and stop the common course of justice , contrary to all law and justice . in few words , this parliament , without any exception of king , courtiers , malignants , or any other i have yet heard of ; have made a new master of the mint , at least restored an old one to his place , who was dispossessed ; coyned money , and made new stamps for that purpose , where the old were broken or worne out , without the kings consent , or any tax of treason , or disloyalty : therefore , by the selfe-same law and reason , they may lawfully make a new great seale , and lord keeper of it for the ends aforesaid , to supply the absence , defects , and prevent the grosse abuses of the old , without any treason or disloyalty . the votes of the house of commons , together with their reasons for the making of a new great seale of england , presented by them to the lords at a conference , iuly 4. & 5. anno 1643. resolved upon the question . ( june 14. & 26. ) 1. that the great seale of england ought to attend the parliament . 2. that the absence of it hath been a cause of great mischiefe to the common-wealth . 3. that a remedy ought to be provided for these mischiefes . 4. that the proper remedy is , by making a new great seale . the mischiefes occasioned by conveying away the great seale from the parliament ( represented to the lords at a conference iuly 5. 1643. ) are these : 1. it was secretly and unlawfully carried away by the lord keeper , contrary to the duty of his place ; who ought himselfe to have attended the parliament , and not to have departed without leave ; nor should have beene suffered to convey away the great seale , if his intentions had been discovered . 2. it hath been since taken away from him , and put into the hands of other dangerous and ill affected persons ; so as the lord keeper being sent unto by the parliament for the sealing of some writs , returned answer , that he could not seale the same , because he had not the seale in his keeping . 3. those who have had the mannaging thereof have imployed it to the hurt and destruction of the kingdome sundry waies . by making new sheriffes in an unusuall and unlawfull manner , to be as so many generals or commanders of forces raised against the parliament . by issuing out illegall commissions of array , with other unlawfull commissions , for the same purpose . by sending forth proclamations against both houses of parliament , and severall members thereof , proclaiming them traitors , against the priviledges of parliament and lawes of the land . by sealing commissions of oyer and terminer to proceed against them , and other of his majesties good subjects adhearing to the parliament , as traitors . by sending commissions into ireland to treate a peace with the rebels there , contrary to an act of parliament made this session . besides , divers other dangerous and illegall acts have been passed under the great seale , since it was secretly conveyed away from the parliament , whereby great calamities and mischiefes have ensued , to the kindomes prejudice . the mischiefes proceeding through want of the great seale . 1. the termes have been adjourned ; the course of justice obstructed . 2. no originall writs can be sued forth without going to oxford ; which none who holds with the parliament can doe , without perill of his life or liberty . 3. proclamations in parliament cannot issue out , for bringing in delinquents impeached of high-treason or other crimes , under paine of forfeiting their estates , according to the ancient course . 4. no writs of error can be brought in parliament , to reverse erronious judgements ; nor writs or election sued out for choosing new members , upon death or removall of any ; whereby the number of the members is much lessened , and the houses in time like to be dissolved , if speedy supply be not had , contrary to the very act for continuance of this parliament . 5. every other court of justice hath a peculiar seale ; and the parliament , the supremest court of england , hath no other seale but the great seale of england ; which being kept away from it , hath now no seale at all ; and therefore a new seale ought to be made . 6. this seale is clavis regni ; and therefore ought to be resident with the parliament , ( which is the representive body of the whole kingdome ) whiles it continues sitting ; the king , as well as the kingdome , being alwaies legally present in it during its session . finis . errata : & omissions . in the humble remonstrance , p. 6. l. 2. 5 , r. 2. c. 2 , 3 10 e. 4. c. 3. omitted p. 21. l. 26. sancitum , p. 25. l. 37. acres , r. hydes . p. 27. l. 21. and. p. 29. l. 9. mariners . p. 31. l. 7. nec . in the opening , &c. p. 5. l. 4. hoc , r. hanc . notes, typically marginal, from the original text notes for div a91237e-830 a gen. 38 18. 25 exod 28. 21 c 3● . 6. deut 31 43. iob 14. 17. c 33. 16 c. 37 7 c. 38. 14 c 41. 15. 1 king 21. 8. neh 9. 38 c. 12. 1. est c. 3 12. c 8 8. 〈◊〉 . ier. 22 10 , 11 , 14 , 24. cant. 8. 6. isa 8. 16. dan 6 17. c. 12. 4 9. ● . 9. 24 ezek 28. mat. 27 66 iohn 3. 33. rom 4. 1. 1 cor 9. 2 tim 2. 19 revel. 5 , 1 , 5 9. c. 6 1 , 3. 12. c 7. 1 , 3 c. 8 1. c 9 4. c. 10. 4 c. 20. 3. c 22. 10 polyd virgi . 〈…〉 . 8 c 2. b see ingulp . hist. p. 901. termes of the law . tile fai●s , ● . 94 cooks institutes on littleton , ● 7. a. c see 3 h. 7. 25 26. cookes preface to the 4. report . termes of the law . ti●le faits . d spelman . concil. tom 1. p. 118 , 119. to 126. e spel. gloss . tit bull . p 108. pol. virg. de iuven. rerum , l 8. c. 1. f spelman . concil tom. 1. p 189 to 194. g spelm. ib. p. 207 , 208 , 209 , 210. h ingulph . hist. ● 851. 852 spelm concit . p. 256 , 257. i spelm. ib p. 227 , to 231 k ingulph . hist. p. 853 , 854. l spel. concil. p 324. 324. m ingulp . hist p 854 , 855. n spel. concil. p. 335 338 , 339 o ingulph . hist. p 855 to 857 868. to 862. p spel. concil. p 346 , 347. q ingulp . hist. p. 862. matth. westn . an 854 , 834. spel co●c . p 350 , to 354. m●lm shurtensis . de est reg. angl l. 1 c. 2. p 41. r ingulp . hist. p. 8●3 864. * cooks ep. to the 6 report . ſ ma●mesh . de gestis regum , l. 2. c. 7. p. 53 , 54 t ingulph . hist. p. 874. to 877. spelman concil. p. 428. u ingulph . hist. p. 880. to 886. x malms . de gestis regum , l. 2. c. 8. p. 56 , 57 spelman concil. p. 485. 486. 488. 489. 432. to 435 i. seldeni ad eadmerum notae p. 1 , 9 , 160 cooks preface to the 4 report . y cooks preface to the sixth report . z spelman concil. p. 504. to 510. a spelman p. 533. b ingulph . hist. p. 893 , 913 , 914. c remonstrance against shipmoney pt d concil. tom. 1 p. 308 , 310 , 311 , 312. e huntindon , antiquitates ecclesiae brit. ●o● polychronicon , holins● . grafton , speed , and others . f cooks instit. on lit. f. 7. a g glossar . p 127 see tearms of the law , title fairs . h speeds hist. p. 415. terms of the law , f. 94. i spelman gl●ssar p. 126. * hist. of eng. p 409. k tearms of the law , tit. faits , f 94. speed hist. p. 415. l hist. p. 895. m in apparatu a stemmata lintharogie . n glossar . tit. ●ulla aurea , p. 106 , 107. o de invent . rerum , l. 8. c. 2. ●ce ioan. zonarae , an tom. 3. f. 147. c. p host . ●●len . eccl. l 3. c. 17. q speeds hist. p 415. tearmes of the law , f 94 r concil tom. 1. p. 630. to 637. ſ thin●catalog . of chancelors in holinshed vol. 3. col . 1160. &c. spelman gloss. p. 132. t ingulph hist. p 872. to 892. spelman . gloss. p. 126. u fol. 227. printed by winkin de word at london , an. 1521. x see spelmanni glossar . tit. cancellarius p. 125. to 127. y spelmanni gloss. p. 127 , 128 z speeds hist. p. 415. a see rastals tearms of the law , tit. faits . b history p. 901. c malmesbury matthew paris , ladmerus , huntindon , hoveden polycron , holinshed , speed , daniel , and others in his life . d speeds hist. p. 440 , 450. e in thinns catalogue , and spelman gloss . p. 132. f history p. 912. g page 165 , 166. see the forme of his seale in speeds hist. p. 435. h history p. 450 , 451. * i doubt hoplands , hops and hop-yards were not then in use i holinshed vol. 3. col . 1260 to 1280. k glossarium , p. 132 , 133. l matth. paris p. 53 , 54. eadmerus l. 3. p. 55. malmes. de gest . reg. l● . hoveden , holinshed , matth. west . ●abian , polychron . caxton , grafton stow , damel in 1 hen. 1. speed p. 407. m delatae literae repos●● in tuo sigillo , ●adme . l. 4. p. 86. n fa●merus ibid. & p. 101. * eadmer . nov. l. 4. p. 101. o malms . novel . l. 1. p. 170. huntind . matt. paris , hoveden , mat. west . speed holmsh . daniel ▪ in his life , an. 1. p annal. pars poste . p. 529 , 530. see matt. paris p. 120 , 121 , 122 , 124 , 125. q hoveden annal pars posterior p. 560. to 566. mat. par : p. 127. see holinsh . and speed in his life r hoveden an. pars post . p. 570. 571. mat. paris p. 128. see holinsh . grafton , speed , daniel , fabian . ſ annal. pars post . p. 572. t matth. paris hist p. 94. antiquitates eccles. ●rit. p. 122. godwins catalogue of bps in the life of becket , thins catalog . of chancelors , holinshed in hen. 2. u annal. pars post . p. 748. * geoffry . y lib. 2. tit. de crimine lesae majest. z lib. 1. c. 8. f. 16. stanfords pleas lib. 1. c. 1. a annal. pars poster . p. 551 , 552 , 553. b mat. pari● hist. angl. p. 157. hoveden p. 358. fabian par . 7. p. 353 , 354. polychron . l. 7. c. 24. speed p. 522. c mat. paris p. 47. 64 , 69. hoveden annal. pars poster . with others . d speed hist. p. 530. e speed hist. p. 541. daniels hist. p. 125. cook instit. on littletons . 7. a. f see hoved●n , mat. paris , nubrigen . mat. westm. holinsh . speed , grafton . g hist. angl. p. 155 , 156. h eadmerus , hist. p. 12. 36. 201. hoveden , annal. p. 459 , 498 , 504 , 505 , 509 , 512 , 513 , 523 , 524 , 530 , 538 , 575 , 643 , 611 , 670 , 677 , 707 , 712 , 718 , 721 , 741 , 763 , 766 , 782. i annal. pars . post p. 658 662 667 ▪ 676 , 698 , 700 , 726 , 730 , 732 , 734. 743. 748. matth. paris p. 106. spelmanni concil. p. 142 , 395. mr. seldens titles of honour , p. 123. to 128. register pars . 1 : f. 286 , 392. to 328 : pars 2. 2. f. 3. p. 22 3. 30 , 33 , 35 , 38 , 44 , 54 , 55 , 60 , 62 , part . 35. 22. 26. 29. 31. 35. 42. 47. fitz. nat. bre. f. 132. k hoveden annal. p : 726 , 7●9 730. l hoveden . annal. pars . post . p. 741 , 742 743. m hoveden annal. pars . po●t p. 746. 785. speeds hist. p. 541. daniel 〈◊〉 see holinshed , grafton , and others . n annal. pars . post ▪ p. 746 , 785. o spelmani glossarium , p. 128. * id est capitali● justici●● angliae . p hist. angl. p. 189. 190. q see spelman and then . r matth. paris hist. angl. p. 225 , 227 , 237 , 246 , to 254 , matthew 〈◊〉 holnished , speed and others . ſ annal. p. 814 , 815. t in dor●● rotfinium huj●● anni ; & spelmanni glossarium , p. 131 , 132. th●●s catalogue of chancellors . u fox acts & monuments edit. ult. vol. 1. p. 1334. speed , p. 591. x matth. paris hist. p. 311. speed p. 599. see polychronicon , fabian , holinshed , magna charta it selfe . y matth. paris p. 324 , 325. daniel , p. 151. 152. holinshed , speed , grafton . z bracton . l. 2. de 〈◊〉 lesae majestatis , see stamfords pleas f. 2. a see the second part of the soveraigne power of parliaments p. 48. to 93. b matth west . & daniel . in 1. ed. 1. ( c ) confirmatio 〈◊〉 . 25 e. 1. & cookes institutes on it walsingham hist. ang. p. 35. to 48. ( d ) articuli super chartas ch. 2. see cookes institutes on these acts . * the people then had power to elect these their judges and justices even by act of parliament . e chap. 2. * see 3 ed. 1. cap. 15. * to wit , in 1 edw. 1. or when the great seal was first introduced in edward the confessors dayes . * magna chart. cap. 29. * see 9 edw. 1. the correction of the twelfth chap. of the statute of glocester : 20 edw. 1. de non ponen●o in assissts . 34 ed. 1. cap. 6. * our ancientest s●atutes call it indefinitely the great seale ; as 2 ed 3. stat. 3. c. 8. with others . * matth. west . an. 1272. pag 352. hornes myr. p. 233. here . p. 15. daniels hist. pag. 185. see walsing. hist. aug. p. 1 , 2. speeds hist. p. 646. walsing. ypod. neustr . p. 67. * pag. 15. * hall . store-speed , holinshed , grafton , * 1 h. 6. p. rot parl , 1. h 6. num. 1. &c the second part of the soveraign power of parliaments and kingdoms ( where i have transcribed these records at la●ge ) p. 65 to 70. object . 1. answ . a soveraigne power of parliaments part . 1 p. 107. to 112. part . 2. p. 25. 26. b ibid. part . 2. p. 3. to 20. appendix p. 163. to 271. c ibid. part . 3. p. 7. 8. part . 2. p. 25. 26. d ibid. part . 3. p. 7. 8. ( g ) grimstons history of the netherlands p. 556. to 667 see the appendix 184. 185 * magn. charta c. 29 , e soveraigne power of parliament part 2 p. 4●● to 87. h alvarus p●lagius de planctu ecclesiae . l. 1. art. 56 62. f. 56. si non ex praesumptione privato , sed authoritate publica et communi rex in tyrannum conversus , vel alius tyrannus destruetur , vel ejus potestas ipsa refrenetut ; non est putanda talis multitudo infideliter agere tyrannum destituens te si in perpetu ūance a sibi sc subjecerat quia hoc ipse meruit in multitudinis regimine se non sidelater gerens , ut exigit regis officium , quod ei pactum a subditis non servetur , &c. see the appendix p. 137. 188 i see francis thin in catalogue of lord chauncellors of england : & the 2 part of the soveraigne power of parliaments . p. 41. to 73. k matthew paris , hut . ang. p. 415. matth. west , anno 1222. p. 1●3 . daniel p. 157. godwins catalogue of bishops p. 386. francis thin catalogue of chauncellors holinshed vol. ● . p. 1275 the 2 part of the soveraigne power of parliaments and kingdomes p. 48. 49. l mathew paris hist ; ang : p. 619 , to 623. daniel 161 : 162 : soveraigne power of parliaments part 2. p : 49. 56. m walsingham hist. ang. p. 143. 300. 3 〈◊〉 312 see the soveraigne power of parliaments part 2 p. 57. 58. n see the 2 part of the power of parliaments p. 70 71 o speed holinshed grafton in 1. r. 5 p see 5 eliz. c. 18. 13. eliz. c. 7. 14. eliz. c. 6. the act for trienniall parliaments . * 16. car. c. 1. * the soveraigne power of parliaments part 1. f. 8. to 16. * 16 c. 1. * see the second part of soveraigne power of parliaments . p. 7. 42. * the soveraign power of parliaments part 1. edit. 2. p. 13. * halls chron. 2● hen. 5. c. 19. grasion p. 1191 * 9 hen. 3. c. 29. 2 edw. 3. c. 8. x see modus tenendi parliament ; cambden , holinsh . vowel , and sir thomas smith , lib. 2. cap. 1. in their treatises of the parliament of england . with all the journals and parliament rolls . y 14 e. 3. c. 5. 15. e. 3. c. 4 , 5. stat. 1. 31. h 8. c. 10. z brooke parliament 7. dyer . 60. a. a 1 h. 7. f. 19 , 20. ashes tables error 65. b dyer f. 59. 60 , 5 h. 4. c. 6. br. parl. 11. 1. jac. c. 23. c stat of winchester , 13 e. 1. c. 24. 28. register , f. 271. d 14 e. 3. c. 5. and all acts for subsidies . e see the soveraigne power of parliaments , pars . 2. p. 25. 61 , 66 , 67 , 68 , 70 , 71. & here p. 2. 3. a short demurrer to the jewes long discontinued remitter into england. comprising an exact chronological relation of their first admission into, their ill deportment, misdemeanors, condition, sufferings, oppressions, slaughters, plunders, by popular insurrections, and regal exactions in; and their total, final banishment by judgment and edict of parliament, out of england, never to return again: collected out of the best historians. with a brief collection of such english laws, scriptures, as seem strongly to plead, and conclude against their readmission into england, especially at this season, and against the general calling of the jewish nation. with an answer to the chief allegations for their introduction. / by william prynne esq; a bencher of lincolnes-inne. short demurrer to the jewes long discontinued remitter into england. part 1. prynne, william, 1600-1669. 1656 approx. 289 kb of xml-encoded text transcribed from 59 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a91275 wing p4078 thomason e483_1 estc r203287 99863284 99863284 115475 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91275) transcribed from: (early english books online ; image set 115475) images scanned from microfilm: (thomason tracts ; 77:e483[1]) a short demurrer to the jewes long discontinued remitter into england. comprising an exact chronological relation of their first admission into, their ill deportment, misdemeanors, condition, sufferings, oppressions, slaughters, plunders, by popular insurrections, and regal exactions in; and their total, final banishment by judgment and edict of parliament, out of england, never to return again: collected out of the best historians. with a brief collection of such english laws, scriptures, as seem strongly to plead, and conclude against their readmission into england, especially at this season, and against the general calling of the jewish nation. with an answer to the chief allegations for their introduction. / by william prynne esq; a bencher of lincolnes-inne. short demurrer to the jewes long discontinued remitter into england. part 1. prynne, william, 1600-1669. [12], 105, [1] p. for edward thomas dwelling in green-arbor, printed at london : 1656. a second part was published in the same year. annotations on thomason copy: "june [unintelligible] 7"; the second "6" in the imprint has been crossed out and replaced with a "5". reproduction of the original in the british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng jews -england -early works to 1800. antisemitism -england -early works to 1800. 2007-02 tcp assigned for keying and markup 2007-02 apex covantage keyed and coded from proquest page images 2007-03 robyn anspach sampled and proofread 2007-03 robyn anspach text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a short demurrer to the jewes long discontinued remitter into england . comprising , an exact chronological relation of their first admission into , their ill deportment , misdemeanors , condition , sufferings , oppressions , slaughters , plunders , by popular insurrections , and regal exactions in ; and their total , final banishment by iudgment and edict of parliament , out of england , never to return again : collected out of the best historians . with a brief collection of such english laws , scriptures , as seem strongly to plead , and conclude against their readmission into england , especially at this season , and against the general calling of the jewish nation . with an answer to the chief allegations for their introduction . by william prynne esq ; a bencher of lincolnes-inne . 2 chron. 19. 2. shouldst thou help the ungodly , and love them that hate the lord ? therefore is wrath upon thee from before the lord. prov. 6. 27. can a man take coals in his bosome , and his cloaths not be burnt ? concil . toleta . 4. cap. 57. surius concil . tom. 2. p. 734. tanta est quandam cupiditas ut quidam eam appetenles etiam a fide erraverint : multi quippe hucusque ex sacerdotibus atque laicis accipi●ntes a judaeis munera , perfidiam corum suo patrocinio sovent , qui non immerito ex corpore antichristi esse noscuntur , quia contra christum faciunt . quicunque ergo deinceps episcopus , sive clericus , sive secularis , illis contra fidem christianam suffragium vel munere , vel savore praes●iterit , vere ( ut prophanus & sacrilegus ) anathema effectus , ab ecclesia catholica , & regno dei habeatur extraneus : quia dignus est ut a corpore christi separetur , qui inimicis christi patronus efficitur . printed at london , for edward thomas dwelling in green-arbor , 165● . to the christian reader . that i may not justly a suffer ( so much as in thy thought ) as a busie-body in other men's matters , for publishing my opinion in a publick case ; wherein i conceive my self some wayes interessed , both as a christian and english free-man : i shall inform thee of the true original cause of this my sodain unpremeditated undertaking . being much affected with god's late admirable providence , in causing the b sixth day of this instant december to be set a part for a day of solemn fasting and humiliation , for the late rebukes we have received , the tares of division that have been sown by the envious one , and the growth they have had through his subtilty ; the abominable blasphemies , apostacies , and abuse of liberty by many professing religion , and the continual series of difficulties we have been exercised under : and , inviting all the people of god in these three nations on that day , to joyn in solemn and earnest supplications to the throne of grace , that the lord will be pleased truely to humble our present governours , and the nation , under his righteous hand , that we may be every one searching out the plague of his own heart , and turn unfeignedly from the evil of our wayes . this being the very day of the month , whereon this time seven yeers , ( december 6. 1648. ) colonel pride with other officers of the army , besetting the parliament-house with their armed forces c raised to defend its priviledges and members ) against their trusts , duties , forcibly seised , secured my self , with above forty parliament-members more , as we were going into the commons-house to discharge our duties ; translating us that day from the queens court ( where they first imprisoned us ) to hell in westminster , and there lodging us upon the bare boards without beds , all that miserable cold night , like so many turkish gally-slaves , rather than parliament members : seconded with other succeeding restraints , and high unparalel'd violations both of our parliamentary priviledges , and hereditary laws and liberties . which transcendent exorbitancies , as we may justly fear , are the plague of the heart , and evil of their wayes , who were the chief contrivers or actors of them ; if not the greatest rebukes the english parliament or nation ever received ; the most dangerous tares of division that have ever been sowen by the envious one in our realm , which have since extraordinarily grown and spread amongst us through his subtilty ; the saddest apostacy , and abuse of liberty by men prosessing religion ever heard of amongst christians , and the very fountain of all that continued series of difficulties we have since been exercised under . for which the principal architects , executioners , and whole english nation had never publickly been humbled , nor seriously lamented , repented them in seven whole yeers space ; it pleased god by his over-ruling providence , beyond the intentions or thoughts of men , so at last to bring it about , that this very forgotten sad day , whereon this was publickly acted , should be now by a printed declaration , specially devoted for a day of solemn fasting & humiliation , throughout this commonwealth , to lament and bewail these former enormious actions on it as well as other crimes . having informed divers thereof , both before and on this fast-day , who were much taken with it : on the seventh of december , ( the day after the fast on which the secured members that time seven yeers were carried from hell to white-hall , and there kept fasting till past seven a clock at night to attend the army-officers , who pretended a desired conference with them , and at last , without vouchsafing to see them , sent them prisoners through the dirt with musqueteers at each of their backs , & other guards of horse by their sides to the king's head and swan , where they long remained : ) i walked down to westminster , to visit some of my then fellow-prisoners and members , to acquaint them with this memorable providence ; in my passage thither in martin's-lane , i unexpectedly met with sir john clotworthy ( who was one of them ) leading his lady on foot towards wallingford-house , the place whether the officers promised to carry , and there to confer with us , when they thrust us into hell ; who taking notice of , and saluting me , i informed him of the foresaid adorable providence , in appointing the former dayes fast on that day seven yeers whereon we were seised : who prosessing he had forgotten it , and that it came not within his thoughts ; but in truth it was very miraculous , and worthy special observation . we thereupon walked on , discoursing of it till we came to wallingford-house-gate , where colonel pride , who then seised , met us full but ; and i not perfectly knowing him , sir john told me , here is colonel pride , and then gave him this seasonable memento ; fellow pride , remember this time seven yeers . so we parting company , i went & visited some others of my then fellow prisoners in westminster ; discoursing with them of these providences , ( wherewith they were much affected , as having not observed them before ) and of our fast at white-hall this day seven yeers . in my return homewards that day by the garden-wall at white-hall , mr. nye the minister , going very fast , there overtook , and saluting me by name , presently demanded this unexpected question of me ; whether there were any law of england against bringing in the jews amongst us ? for the lawyers had newly delivered their opinions , there was no law against it . to which i answered , that the jews were in the yeer 1290. all banished out of england , by judgement and edict of the king and parliament , as a great grievance , never to return again : for which the commons gave the king the fifteenth part of their moveables : and therefore being thus banished by parliament ▪ they could not by the laws of england , be brought in again , without a special act of parliament , which i would make good for law. he replied , i wish it might not be done otherwise ; & , that this business had been formerly moved in the bishops time , rather than now . to which i subjoyned ; that it was now a very ill time to bring in the jews , when the people were so dangerously and generally bent to apostacy , and all sorts of novelties and errors in religion ; and would sooner turn jews , than the jews christians . he answered , he thought it was true , and was sorry he could not discourse longer with me , the committee about the jews being sate , and staying for him as he feared . whereupon , as he was turning in towards white-hall-gate , i told him , the jews had been formerly great clippers and forgers of mony , and had crucified three or four children in england at least , which were principal causes of their banishment . to which he replied , that the crucifying of children was not fully charged on them by our historians , and would easily be wiped off . whereto i answered , he was much mistaken : and so we parted . as i kept on my way , in lincolnes-inne . fields , passing by seven or eight maimed soldiers on stilts , who begged of me ; i heard them say aloud one to another ▪ we must now all turn jews , and there will be nothing left for the poor . and not far from them another company of poor people , just at lincolnes-inne back gate , cried aloud to each other : they are all turned devils already , and now we must all turn jews . which unexpected concurrent providences and speeches , made such an impression on my spirit , that before i could take my rest that night , i perused most of the passages in our english histories concerning the jews carriage in england , with some of their misdemeanors in other parts , to refresh my memory , and satisfie my judgement ; making some collections out of them , which after i enlarged and digested into this ensuing demurrer , with as much speed as the sharpness of the season would permit ; and was induced to publish it ( knowing no particular discourse of this subject extant ) for the general information , satisfaction of others , and honour of my blessed lord and saviour jesus christ the righteous , whom the jews with malicious hearts , and wicked hands d crucified in person heretofore , and their posterity by their blasphemies , despiteful actions against christ , his kingdom , offices , gospel e crucifie afresh , every day trampling under foot the son of god , putting him to open shame , offering despite to the spirit of grace , & counting the blood of the covenant an unholy thing . and in all their publick and private devotions , praying constantly for the sodain , universal , total , final subversion , extirpation , perishing of christs kingdom , gospel , and all his christian members , which they plot , and continually expect , such is their implacable transcendent malice . i have deduced their introduction into england , only from william surnamed the conqueror , because i finde not the least mention of them in any of our british , or saxon histories , councils , synods , canons , which doubtlesse would have mentioned them , and made some strict laws or canons , against their iewish as well as against pagan superstitions , had they exercised them here , as they would have done as well as in spain , & other places , had they resided here . that any of them were here in the time of our famous emperor constantine , is but a dream of such , who because they finde an epistle of constantines in the council of nice , to all the churches of christ in f sir hen. spelmans collections of the decrees , canons , and constitutions of the british world , wherein is mention made of the churches of britain , in that age , as well as in rome , france and other parts , keeping the passeover in a different manner from the wicked blinded iews , would thence infer , there were then jews resident in britain ; of which there is not one syllable in that epistle , nor in any classick author forrain or domestick , i yet ever saw or heard of . that they were setled in our island in the saxons time , is collected , onely from that law ▪ inferted by g hoveden , and h spelman amongst edward the confessors , here cited , p. ● . but there being no mention of the jews in any of our saxon kings raigns , councils , decrees , laws , before the confessor , out of which all his laws were i wholly extracted , and this law of the jews being not to be found in the true original copy of the confessors and conquerors laws of abbot k ingulphus , who flourished in that age , was present at their confirmation , and then brought them to croyland abby , published by mr. l iohn selden , nor yet in bromton , i cannot but reject it as counterfeit , and esteem it rather , a declaration of the jews condition in england in hovedens time ( inserted by him , as well as some other things of pu●ier date , amongst these laws ) rather than any law of , or in the confessors days , wherein i can finde no evidence of any jews residence here , but only this interpolation and forged law , which mr. selden wholly omittes in his collection of his laws . the history of king william rufus , his compelling the iews of rhoan that were turned christians , to renounce their christianity and turn iews again , accepto pretio apostasiae , upon the complaint and mony given him by the infidel jews there , with the dialogue between him and stephen the jew , cited out of holinshed , here p. 5 , 6. i finde originally recorded of him by m eadmerus , living in his raign : who though very bitter and injurious to him , by reason of the great contests between him & anselme ( whose favourite , follower and companion in adversity eadmerus was ) yet he relates it not as a certain truth , but as a report of others of that country , who had another opinion of rufus , quam de christianis christianos lex christiana docet habere : quae tamen sicut illa accepimus simpliciter ponam , non astruens vera an secus extiterint , an non . onely he addes this passage to the story of stephen , which holinshed omits : that st. stephen appearing to him as he was travelling on the way , he demanding of him who he was ? answered , that he was long since of a jew made a christian , and was stephen the first martyr ; but for this cause , i have now come down from heaven to earth , that thou casting away thy iewish superstition , mightest be made a christian ; and being baptized in christ , mightest be called by my name . whereupon he became a christian , and was baptized . that immediately after the conference between the king and stephen , ( which agrees with that in holinshed ) he being thrust out , and meeting his father standing before the door , expecting the event , being animated against him , said ; o son of death , and ●ewel of eternal perdition , is not thine own damnation sufficient for thee , unless thou also cast me head long into it together with thee ? but god forbid , that i to whom christ is now revealed should ever acknowledge thee henceforth for a father , because the devil is thy father . i have omitted in this demurrer , no passage to my knowledge , in any of our historians , relating to our former english iews , reciting them all in a chronological order in the historians own words , quoted in the margin : only i finde these 2 records concerning them , which i shall here supply . rot. claus . 1. e. 1. r●● . ] the king constituted by his charter , hamon , hattain , and robert de luvenham his iustices for the custody of the jews ; and thereupon issued a mandate to the treasurer and barons of the eschequer , to deliver unto them the keys of the chest of the iews , together with the rolls , writs , & all other things belonging to that office of the iews , as had formerly been accustomed to be done to other iustices . and rot. claus . 3. ed. 1. mem. 17. the king sent a mandate to the iustices of the iews , to do justice , and proceed in a cause , according to the custome of iudaism . i have m herein only briefly touched , not handled , the great question , of the general calling & conversion of the iewish nation to the faith of christ , towards the end of the world ; for which i cannot finde any satisfactory grounds in scripture . that text of levit. 26. 41 , to 46. on which some build their general call , having these two clauses in it , that seem strongly to oppose , or make it very dubious , v. 41. if then their uncircised heart be humbled , and that they accept of the punishment of their iniquity , &c. & v. 46. i will not cast them away , neither will i abhor them to destroy them utterly . and that other text of rom. 11. whereon others most rely , having this conditional passage & express clauses against it , v. 23. and they also , if they abide not still in unbelief , shall be grafted in , for god is able ( he saith not resolved ) to graffe them in again . and v. 3 , to 8. i have reserved to my self 7000 men , &c. even so then at this present time there is a remnant according to the election of grace , &c. but the election hath obtained it , and the rest were hardned , or blinded . which compared with rom. 9. 27 , 29. ( isaiah also saith concerning israel , though the number of the children of israel be as the sand of the sea , yet a remnant of them ( only ) shall be saved , isa . 10. 22 , 23 , &c. ) will necessarily evince , that rom. 11. 26. and so all israel shall be saved , &c. ( on which they ground this general call ) must be intended onely ; of all this small elect remnant of the israel of god , and seed of abraham according to the faith , not flesh , rom. 4 11 , 12 , 13 , 14 , 15 , 16. gal. 3. 7 , 8 , 9 , 14 , 16. ga. 6. 16. of all such who are jews inwardly , and have the circumcision of the heart , rom. 2. 28 , 19. not of the whole jewish nation . and those who will strain that text further , must necessarily aver , not only an universal calling , but likewise salvation and taking away the ungodliness and sins of that whole nation then by christ , ( of which that text only speaks ) not only conttary to these forecited scriptures , and gods dealing with all other n churches , nations ; but to jer. 3. 14. i will take you , one of a city , and two of a tribe , and i will bring you to sion . mat. 21. 16. many are called , but few chosen : & few saved , mat. 7. 14. luke 13. 23. therefore for any to call in the jews among us upon this surmise of their general approaching conversion , is a strange solecism , both in state policy and christianity , especially in this age , wherein that speech of o wal●ramus bishop of naumburge , is most truely verified , diabolus videns idola derelicta , & per nimium credentium populum sedes suas ac templa deserta , excognitavit novam fraudem , ut sub ipso christiani nominis titulo fallat incantos ; haeresesque inevnit & schismata , quibus subverteret fidem , corrumperet veritatem . exinde divisa est ecclesia , & divisa sunt ecclesiae sacerdotia , atque omnia scandalorum orta sunt gene●a . exinde crevit grave & diuturnum bellum , & non solum civile bellum , sed & plusquam civile bellum , & factae sunt absque divino pariter & humano respectu vastationes ecclesiarum , & caedes hominum : exinde etiam corruptae sunt divinae pariter & humanae leges , sine quibus non subsistit vel dei ecclesia , vel imperii respublica : & ex inde violata est fides & publica , & catholica : exinde etiam illa crevit injustitia , ut pro veritate falsa testimonia , & pro fide catholica , abundent perjuria : ut post quam leges bello silvere coactae , impleaturiam ista domini sententia per osee prophetam : non est veritas , & non est misericordia , & non scientia dei in terra : maledictum , & mendacium , & homicidium , & furtum , & adulterium inundaverunt , & sanguis sanguinem tetigit . ipse diabolus videtur nunc de carcere suo solutus esse . hinc publicae civium contra cives congressiones , aliis pro pastoribus legitimis , aliis vero contra pastores dimicantes : as he and p gerhobus richerspergensis writ of pope hildebrands dayes . if any man chance to censure me , as overharsh or earnest in my expressions against the jews ; i hope that speech of their royal prophet , ( a man after gods own heart ) ps . 139. 20 , 21 , 22. do not i hate them , o lord , that hate thee ? and am i not grieved with those that rise up against thee ? i hate them with a perfect hatred , i count them mine enemies : for they speak against thee wickedly ; depart from me therefore ye bloody men : will apologize for me ; especially seeing their proposals are , not only to be admitted and received into our commonwealth under the protection and safeguard of our governours , as the natives themselves : and that all the heads and generals of arms may take an oath to defend them upon all occasions , that they may be permitted to traffick freely in all sorts of merchandize as others ; but to be judged by their judges in differences between themselves , according to the mosaick law : and to be allowed publick synagogues , not onely in england , but also in all other places under our tower ; and to observe in all things their religion as they ought : that in case there have been any laws against their jewish nation , they may in the first place , and before all things be revoked . a clear evidence of an intended design in them , only to set up their r synagogues of satan , judaism , & jewish ceremonies in the highest degree , amongst us , as lawful , in direct opposition and subversion of our only lord , saviour , redeemer , mediator , jesus christ his person , offices , kingdom , gospel and christianity it self , without any thoughts of turning christians themselves . in which case not to be passionately zealous , not to s contend earnestly for the faith against these ungodly men , turning the grace of our god into lasciviousness , and denying the only lord god , and our lord jesus christ ; is in a great measure to deny and betray him , together with our church , & nation at once , unto these their inveterate enemies . for whose conversion , ( not national , but of the elect remnant of them ) as i shall pray , so i cannot but pray and write against their re-admission amongst us on these , or any other terms , for the reasons here humbly presented to thy view , and christian consideration , by thy christian brother , and companion in tribulation , and in the kindom & patience of jesus christ , william prynne . lincolnes-inne , 14 december , 1655. errata . title p. for quandam read quorundam . p. 9. l. 12. est , r. et . p. 12. l. 7. homes , r. houses . p. 22. l. 21. p. 23. l. 26 , r. iuvel . p. 37. six , r. ten . p. 48. l. 3. quod . l. 8. co●um . p. 51. l , 16. ex●aecati . p. 70. l. 2. dele record . p. 88. l. 1. receive , revive . a short demurrer to the jews long discontinued remitter into england . how the nation of the jewes ( once a gods own beloved , speciall , chosen people ) after their b malitious crucifying of our saviour jesus christ , and imprecation , that c his bloud might be on them and their children , were for this d their crying sinne especially , made the saddest spectacles of divine justice , and humane misery of all other nations in the world , being quite extirpated out of their own land , almost totally deleted by the sword , pestilence , famine ; carried away captives , and dispersed like so many vagabonds over the face of the whole earth , as the very off-scowring of the world , and execration , derision of all other people , having no place , city , form of government , or republike of their own , in any corner of the universe ; ( according to gods comminations against them , levit. 26. 14. to 46. deut. 28. 15. to 68. jer. 9. 10. c. 13. 24. ezech. 5. 2. to the mid . c. 12. 15. c. 22. 15. mich. 1. 21. mat. 24. ) or what banishments , punishments , oppositions , restraints by penal laws , suppressions of their synagogues , ceremonies , they have received in all ages from christian kings , princes , republikes in forreign parts , for their implacable malice , blasphemie against our saviour jesus christ , christians , christian religion , and other crimes and misdemeanors to which they are most addicted , is not the subject of my intended brief discourse , and so fully related by josephus , egesippus , eusebius , nicephorus , zonaras , paulus diaconus , the magdeburgian centuriators , out of them and other historians , in their 2. to their 13 centuries , chap. 14 , and 15. in baronius his annals , and h●yl●●s microcosm , p. 568 , 569 , 570. where all may peruse them , that i shall not spend time to recite them , but wholly confine my self to a brief relation of their first admission into , their ill deportment , misdemeanors , sufferings , popular insurrections against them in , and their final banishment by judgement and edict of parliament out of england , never to return again , collected out of the best historians : to which i shall subjoyn , a taste only of such laws , scriptures , and reasons , as seem strongly to plead against their re-admission into our island , especially at this season . when the jews came first into england , appears not certainly by any historians , there being no mention of their being here in any of our british or saxon kings reigns , to my remembrance . antoninus in his chronicles tit. 16. ca. 5. records , that william the conqueror king of england , translated the jews from rhoan to london ; and the magdeburg centuries out of him , centur. xi . cap. 14. col. 686. adds thereto , that it was ob numeratum precium , for a summ of money given to him by them , ( which i find not in antoninus . ) both these authors intimate , that this was their first arival in england , yet in what year of this king , they are silent . with them concurs raphael holinshed , vol. 3. p. 15. where thus he writes , among other grievances , which the english sustained by the hard dealings of the conqueror , this is to be remembred , that he brought jews into the land from rouen , and appointed them a place to inhabit and occupy : ( reputing their very first introduction a grievance to the english , and hard dealing . ) which john stow in his annals of england , p. 103. thus seconds , king william brought the jews from rhoan here to inhabit in england . but this law concerning the jews , inserted amongst the laws in the confessors time , seems to prove their arrival and settlement in england , to be before this normans reign ; unlesse mis-placed in point of time amongst his lawes by hoveden , being rather in my opinion , a declaration of the jews servile condition under king william , and richard the first , when hoveden writ , then any law in king edwards reign , or before , as the words import . e de judaeis in regno constitutis . sciendum est quoque , quod omnes judaei , ubicunque in regno sunt , sub tutela & defensione domim regis sunt ; nec quilibet eorum alicui diviti se potest subdere , sine regis licentia . judaei , & omnia sua regis sunt . quod si quispiam detinuerit eis pecuniam suam , perquirat rex tanquam suum proprium : ( or detmuerit eos , vel pecuniam corum perquirat rex , si vult , tanquam suum proprium , ( as sir henry spelman renders it . ) this law or declaration ( being the first record making mention of their being , and condition in england : ) proves , that as all the jews when they came first into england , were under the kings protection and patronage where ever they resided : that they were under him only as his meer vassals , their persons and goods being his alone ; & that they could dispose of neither of them without his license : into which slavish condition they doubtlesse then put themselves , ( being banished out of other nations for their villanies ) only to avoid the fury of the common people , to whom they were most detestable , who else would have quickly murdered , or ston'd them to death , and stript them of all their wealth ; as the sequell will declare . the next passage in historians concerning the jews being and condition in england , is that of f william of malmsbury in william rufus his reign . the jews ( writes he ) in his time gave a testimony of their insolency : once at rhoan , endeavouring by gifts to perswade and revoke certain men to judaism , who had deserted their error : another time at london , being animated to enter into a combate ( or dispute ) against our bishops , because the king ( in merriment , as i believe ) had said , that if they should ▪ overcome the christians , and confute them by open arguments , he would then revolt to them , and become one of their sect ; whereupon it was managed with great fear of the bishops and clergy , and with pious solicitude of such who were afraid of the christian faiths miscarriage . and from this combate the jews only brought away nothing besides confusion ; although they would many times boast , that they were overcome not by argument , but by a faction . g antoninus relating the story in the same words , addes only this , that the jews comming to this king on a certain solemnity , and offering him gifts ; ( after their removal from rhoan to london ) he thereupon animated them to a conflict against the christians , swearing by st. lukes face , that if they overcame them , he would revolt to their sect : ( as if he spake it in good earnest ) with whom the h magdeburge centuries accord . by which we may observe , that the jews were no sooner transported and setled in rhoan and london , but they presently began to grow very insolent against the christians ; 1. endeavouring to pervert some of them by monies to judaism . 2ly , attempting to corrupt the king himself , by gifts , to side with them against the bishops and clergy , and to become one of their sect. 3ly , by entring into open disputations with the bishops and clergy against the christian faith , to the great fear of the professors , and hazard of the christian religion . 4ly , by boasting frequently when they were overcome , that it was only by power and faction , not truth or disputation . and will not this be their very practise now , if re-admitted , to the hazard of our christian religion , and seduction of many simple , unstable souls , in this unsetled , apostatizing age ? when not only the ignorant people , but many great professors , turn atheists , hereticks , seekers , apostates , blasphemers , ranters , quakers , antiscripturists , and what not , but real christians ? this history of william rufus , causing a disputation between the christians and the jews , is related by raphael holinshed in his chronicle ; vol. 3. p. 27. who likewise records of him , that he being at rhoan on a time , there came to him diverse jews , who inhabited that city , complaining to him , that divers of that nation had renounced their jewish religion , and were become christians : wherefore they besought him , that for a certain summe of money which they offered to give , it might please him to constrain them to abjure christianity , and turn to the jewish law again . he was content to satisfie their desires , and so receiving the money , called them before him ; and what with threats , and putting them otherwise in fear , he compelled divers of them to forsake christ , and to turn to their old errors . hereupon , the father of one stephen a jew , converted to the christian faith , being sore troubled for that his son was turned a christian , and hearing what the king had done in such like matters , presented to him 60 marks of silver , conditionally , that he should enforce his son to return to his jewish religion ; whereupon the young man was brought before the king , unto whom he said , sirra , thy father here complaineth , that without his license thou art become a christian : if this be true , i command thee to return again to the religion of thy nation , without any more adoe . to whom the young man answered , your grace ( as i guess ) doth but jest . wherewith the king being moved , said , vvhat ? thou dounghil knave , should i jest with thee ; get thee hence quickly , and fulfill my commandement , or by st. lukes face , i shall cause thine eyes to be plucked out of thine head . the young man nothing abashed thereat , with a constant voice answered , truly i will not do it ; but know for certain , that if you were a good christian , you would never have uttered any such words ; for it is the part of a christian , to reduce them again to christ , which are departed from him , and not to separate them from him , which are joyned to him by faith. the king herewith confounded , commanded the jew to avant and get him out of his sight : but his father perceiving , that the king could not perswade his son to forsake the christian faith , required to have his money again . to whom the king said , he had done so much as he promised to doe ; that was , to perswade him so far as he might . at length , when he would have had the king to have dealt further in the matter ; the king ( to stop his mouth ) tendred back to him the one half of his money , and received the other to himself . all which increased the suspition men had of his infidelity . by this history we may perceive what a prevailing engin the jews money is , both to scrue them into christian kingdoms , though the most bitter , inveterate , professed enemies of christ himself , christians , and christianity ; and how their money can induce even christian princes to perpetrate most unchristian , and antichristian actions ; and enforce by threats and violence , even converted christian jews , to renounce their christianity , and apostatise to their former jewish errors which they had quite renounced . and do not they still work even by the self-same money-engin ? preferred by too many christians , even before christ himself , and christianity ? in the year of our lord , 1145. during the reign of king stephen , the jews grew so presumptuous in england , that they crucified a child called vvilliam , in the city of norwich , in derision of christian religion , as matthew vvestminster , flores historiarum , ann. 1145. p. 39. chronicon johannis bromton ; col. 1048. hygden in his polychronicon ; antoninus : centuriae magdeburgenses : cent. 12. c. 14. mr. john fox in his acts and monuments , 1640. vol. 1. p. 302. richard grafton in his chronicle , p. 46. raphael holinshed in his chronicle , vol. 3. p. 56. and others joyntly attest . not long after this , anno 1160. ( the 6. year of henry the ii. ) they cracifyed another child at gloucester , ( in contempt of christ and his passion ) as john bromtons chronicon . col . 1050. henry de knyghton , de eventibus angliae , l. 2. col . 2394 polychronicon : fox acts and monuments , vol. 1. p. 302. grafton , in his chronicle , p. 46. and others record . and in the same kings reign , anno 1181. upon the same account , the jews on the feast of easter martyred and crucified another child at st. edmonds-bury , called robert ; who was honourably interred soon after in the church of st. edmunds , and grew famous by miracles there wrought ; as gervasius dorobernensis , in his chronica , col . 1458. relates . what punishments were then inflicted on them for these murders , and insolencies , i find not recorded ; perchance they purchased their peace with monies : for i i read , that in the year 1168. king henry the 2. wanting monies , banished the wealthiest of the jews out of england , and fined the rest of them in 5000 marks ; most likely for these their misdemeanors . the k jews , though there were a great multitude of them in england , in every quarter of the realm , had only one church-yard alotted them , and that at london ; in which they were enforced to bury all-their dead corps wheresoever they died ; which being a great trouble and annoyance to them , thereupon in the year 1178. they petitioned king henry the 2. ( being at stanstede ) for a license to have church-yards without the cities wherein they inhabited , in convenient places where they could purchase them , wherein to bury their dead ; which he then granted to them . it seems the jews were then so odious to the whole nation , that they would not permit them to bury their very dead corps in any english soyl , for fear of polluting it , nor near any christians bodies , without the kings special license . l king richard the first being to be crowned king at london , in the year of our lord , 1189. the chiefest of the jews flocked together from all parts to his coronation , resolving to purchase the favour of the new king with most ample gifts , and to get their former priviledges confirmed , which they feared they should lose . but they being suspected of sorcery and magick , the king by a publick proclamation prohibited all jews from entring the church while she was crowning , or his palace , whiles he was therein feasting . notwithstanding some of the principal jews secretly got into the church and palace ; who being discovered one after another were well beaten , and thrust out of the church and court by the kings officers and christians . upon which the common people then flocking in greatmultitudes to the kings coronation , fell upon the jews standing in great multitudes at the pallace gate , first beating them with their fists , and then taking up clubs and stones slew some of them , and left the others half dead : whereupon one of them called benedict of yorke ; being so beaten and wounded , that he despaired of life , and extraordinarily terrified with the fear of death , received baptism from william prior of st. maries of yorke , and thereby escaped the peril of death , and hands of the persecutors . in the mean while there was a great rumor spred throughout the city of london upon this occasion , that the king desired , and had commanded , that all the jews should be banished and destroyed ; whereupon an infinite number of people , as well out of the city , as most counties of england then coming to the coronation , inflamed with the desire of booty , betaking themselves to their arms , fell pell-mell upon the jews , and slew and pillaged them both in the streets and in their houses ; and those who defended themselves for a time in such strong houses which they could not enter , were there soon after burnt and consumed , together with their houses , by the furious multitude , who put fire to their houses , and burnt down most of them , synagogae dat● dedec●ri , and likewise defaced their synagogues , as radulphus de diceto records . the king being informed hereof whiles he was feasting with his nobles , thereupon sent ranulphus de glanvd then chief justice of the realm , a potent and prudent man , together with other great noblemen , to perswade and restrain these bold people . but all in vain , for in so great a multitude , none would hear their voices , nor reverence their persons ; but rather murmuring against them , exhorted them speedily to return : whereupon they advisedly declining their unbridled rage , the fury of these plunderers ceased not till the next day . ac licet immensit as , tantae rabiei si dissimulata est inulta transiret , primordia regiae majestatis denigraret plurimum ; propter re●●um tamen infinitam multitudinem dissimulari oportuit quod vindicari non potuit ; writes henry de knyghton . yet the very next day the king sending his officers throughout the city , commanded some of the said malefactors to be apprehended , and brought before him , of which three were hanged by the judgement of his court : one , because he had stollen the goods of a certain christian : and two because they had made a fire in the city , whereby the houses of christians were burned . after which the king sent for the man , who of a jew was made a christian , and demanded of him , in the presence of those who had seen him baptized , whether he were made a christian ? who answered , that he was not , but that he permitted the christians to do to him what they would , that he might escape death . then the king demanded of the archbishop , in the presence of many archbishops and bishops , vvhat was to be done concerning him ? who answering very indiscreetly , said : if he will not be a man ( or servant ) of god , let him be a man ( or servant ) of the devil ; and so he returned to the judaical law. in the mean time the king sent his writs throughout all the counties of england , prohibiting , that none should doe any harm to the jews , but that they should enjoy his peace . but before that edict was ●ublis●e , the jews which were in the towne of d●nstaple ( to preserve their lives from the peoples fury ) being con●erted to the christian faith were baptized , b●●roathing their wi●es after the manner of christians ; which was likewise done through many cities of england . and although the king by his proclamation had decreed peace to the jews , yet notwithstan●ing the fury against the jews kindled at london , not verily out of a zeal of faith , but of gain , vehemently raged in other places of the land. for a certain jew at lynne happening to be made a christian ; thereupon the jews persecuting him , as a prevaricator of the law , taking an opportunity , assaulted him with arms as he passed through the city ; whereupon he took sanctuary in the church ; yet notwithstanding he raging jews would not rest quiet ●or this , but with a continued fury presently began to assault the said church with great violence presently hereupon there arose a great clamor ; and the christians assistance was desired with loud out-cries . this clamor and fame incensed the christian people , and young men who were strangers , of which a great number at that time resorted thither , by reason of traffick ; who running to the church armed , valiantly assaulted the proud jews , who being unable to resist the assault of the christians , presently betook themselves to flight . after which , the christians assaulting and taking their houses , spoyled , and then burnt them with fire . hereupon the young-men who were strangers , laden with prey , departed with it speedily to their ships , lest they should be questioned , and perchance inforced to restore their booty , by the kings officers . but the inhabitants of the place , when they were questioned for this by the kings officers , translated this fact to the strangers , who were then departed from thence ; although themselves were not altogether innocent , taking up arms against the jews upon the out-cry , but yet doing nothing against the jews , for fear of the kings displeasure , not long after , in lent there arose a new storm against the jews at stanford ; for there being solemn fairs there held in lent , the young men and souldiers who had taken upon them the sign of the crosse , and were then ready to go to jerusalem with the king , assembling together there out of divers counties , disdaining that the jews , being the enemies of the crosse of christ , possessed such great store of goods and wealth , when as they had not sufficient to defray the necessary expences of so great a journey ; and imagining that they should do god good service , if they assaulted these his enemies ; boldly rushed upon them , no man opposing himself against so great attempts ; whereupon divers of the jews were slain , & the rest being received into the castle , hardly escaped with their lives , their goods being all plundered , and the plunderers departing freely away with their booty , none of them being so much as questioned , or punished by the kings discipline . the citizens of lincoln hearing what was done to the jews of stanford , taking occasion , and being animated by the examples of others , were willing to do something against them : and being assembled together against the jews inhabiting together with them , became enraged against them . but these jews being made more wary by the slaughters and damages of others , some few of them suffering harm and damages , the rest fled timely with their monies into the royal fort , and there secured themselves . in all other places wheresoever the jews were found , they were pillaged and slain by the hands of the pilgrims , who hastning through england towards jerusalem , decreed to rise up first against the jews , before they invaded the saracens . hereupon all the jews who were found in their own houses at norwich were slain on the 8. of february , some few of them only escaping to the castle . at the same time , the nobles and gentry of yorkeshire , nothing fearing the kings proclamation , the wicked jews having by usury reduced thē to extream poverty , joyning with them some holy soldiers , brake up th● houses of the chief jews , equall to the kings palace , sle● their families , spoiled their goods , and burnt their ho●●s in the night , and then retired themselves to their h●mes in the dark . after which , the promiscuous multitud● making an assault upon the jews , slew them without di●●●●ction of sex or age ; except some few who would give up their names to christ in baptism to save their lives . on the 18 day of april , being palm-sunday , the rest of the jews in the city of yorke , ( being 500 men and women , besides their children ) fearing the violence of the christians , shut up themselves within the castle of yorke by the will and consent of the guardian thereof , and of the sheriff ; who being thus received into the castle for their defence by the guardian and sheriff , would not afterwards deliver it up unto them again . whereupon the sheriff and keeper of the castle being much offended with them , assembled the souldiers of the county , and men of the city , that they might free the castle from those jews , exhorting them to do their utmost endeavours to effect it : who when they had assaulted the castle day and night , the jews offered a great summe of money to save their lives ; but all in vain , the people being so incensed against them that they would not accept it : whereupon a certain jew skilfull in their law , stood up , and said . men of israel hearken to my counsel ; it is better for us to die for our law , then to fall into the hands of the enemies of our law ; and our very law commands the same thing . upon which all the jews , as well men as women , consented to his counsel , and every father of a family going with a sharp razor , first of all cut the throats of his own wife and children , and then of his family , casting the dead corps of those whom they had thus sacrificed to devils , over the castle walls upon the christian people . after which , burning their rich cloathes , an / casting their golden vessels and jewels into privies , that the christians might not be inriched by them , these murderers shutting up themselves and the rest they had killed in the kings house , set it on fire , and so burnt both themselves and it . after which the citizens of yorke , and the souldiers of the county burnning all the jews houses together , spoyled their goods , seized their possessions to themselves , and burn'd all the charters of their debts . the king being informed hereof , and much incensed , both for the contempt of his royal proclamation and authority , and dammage to his exchequer , to which all the goods and debts of the jews , being usurers belonged , commanded his chancellor to inflict due punishment upon the authors of this sedition . whereupon , after easter , the bishop of ely the kings chancellor gathering a great army together , came to yorke , to apprehend those as malefactors who had destroyed the jews of the city : and understanding that this was done by the command of the sheriff and governour of the castle , he put them both from their offices ; and took sureties from the citizens of the city , for to keep the peace of the king and kingdom , and to stand to the law in the kings court concerning the death of the jews : and commanded the souldiers of the county who were at the destruction of the jews , to be apprehended ; but the chief of them flying into scotland , escaped , not one of them all being put to death for this great massacre and riot . henry de knighton , de eventibus angliae , l. 2. c. 13. gives this censure of these slaughters and popular tumults against the jews . the zeal of the christians conspired against the jews in england , but in truth not sincerely , that is , for the cause of faith ; but either out of emulation and envy because of their felicity , or out of gaping after their goods : the justice truly of god not at all approving such things , but decently ordering them , that by this means he might punish the insolency of a perfidious nation . he likewise addes ; that one john , a most bold christian , flying from stanford with many spoyls of the jews to northampton , was there secretly slain by his host , to get his money , and thrown without the city in the night , the murderer flying therupon . after which , through the dreams of old women , & falacious signs , the simple people atributing to him the merits of a martyr , honoured his sepulchre with solemn vigils , and gifts . this was derided by wife men , yet it was acceptable to the clerks there living , by reason of the gains . which the bishop hearing of , presently un-saincted him , and prophaned the monuments of this false martyr , continued by the study of simple and covetous persons . i wish no such plunderers as this , might be saincted and adored in our age , as too many of them are , even before their deaths , who will be un-saincted after them , as well as this bold plunderer of the jews . mr. fox in his acts and monuments , vol. 1. p. 305. relating the story of the massacres of the jews this year out of the chronicle of vvestminster , saith : that there were no less than a thousand five hundred of the jews destroyed at that time in york alone , ( beside those slaughtered in other places ) so that this year , which the jews took to be their jubile , was to them a year of confusion . neither was this plague of theirs undeserved for every year commonly their custom was , to get some christian mans child from the parents , and on good-friday to crucifie him , in despite of our religion . king richard the first , after his return out of the holy land in the year , 1194. appointed justices , laws and orders , for preventing the frauds , and regulating the contracts of the jews , both between themselves , and between christians and them , thus recorded at large by m roger de hoveden , and briefly touched only by some others . all the debts , pawns , morgages , lands , houses , rents and possessions of the jews , shall be registred . the jew who shall conceal any of these , shall forfeit to the king his body , and the concealment , and likewise all his possessions and chattels ; neither shall it be lawfull to the jew ever to recover the concealment . likewise 6 or 7 places shall be provided , in which they shall make all their contracts , and there shall be appointed two lawyers that are christians , and two lawyers who are jews , and two egal registers ; and before them , and the clorks of william of the church of st. maries , and william of chimilli , shall their contracts be made : and charters shall be made of their contracts by way of indenture . and one part of the indenture shall remain with the jew , sealed with his seal to whom the money is lent ; and the other part shall remain in the common chest ; wherein there shall be 3 locks and keys , whereof the 2 christians shall keep one key , and the 2 jews another , and the clerks of william of st. maries church , and william of chimilli , shall keep the third . and moreover , there shall be three seals to it ; and those who keep the seals , shall put the seals thereto . moreover the clorks of the said william and william shall keep a roll of the transcripts of all the charters ; and as the charters shall be altered , so let the roll be likewise : for every charter there shall be 3 pence paid , one moity thereof by the jew , and the other moity by him to whom the money is lent ; whereof the 2 writers shall have 2 pence , and the keeper of the roll the third . and from henceforth no contract shall he made with , nor payment made to the jews , nor any alteration made of the charters , but before the said persons , or the greater part of thē , if all of them cannot be present . and the aforesaid 2 christians shall have one roll of the debts or receites of the payments which from henceforth are to be made to the jews , and the 2 jews one , and the keeper of the roll one . moreover , every jew shall swear upon his roll that all his debts and pawns , and rents , and all his goods and possessions he shall cause to be enrolled , and that he shall conceal nothing , as is aforesaid : and if he shall know that any one shall conceal any thing , he shall secretly reveal it to the iustices sent unto them ; and that they shall detect and shew unto them , all falsifiers or forgers of charters , and clippers of moneys , where or when they shall know them , and likewise all false charters . by these strict politick laws , the king and his officers knew the particular wealth , monies , goods , debts , and real and personal estates of every jew , and in whose hands they were , and so could seize and command them at their pleasure , upon any real or pretended misdemeanors , or complaints against them . n king john , in the year of our lord 1210. commanded all the jews of both sexes throughout england to be apprehended and imprisoned ; and to be afflicted with most grievous torments , that so they might satisfie the kings pleasure with their mony . some of them being grievously tortured , gave all things which they had , and promised more , that they might by this means escape so many kinds of torments . amongst whom one jew at bristol , punished with various torments , when as he would neither redeem himself , nor submit to any fine , the king commanded his tormentors , that they should every day pull out one of his grinding teeth , untill he should pay to the king ten thousand marks of silver . and when at last for 7 dayes space they had pulled out 7 of his teeth , with intollerable torment , and now on the 8 day the tormentors had begun the like work again ; this jew , an over-slow provider for his profit , gave them the aforesaid money , that he might save the 8 tooth to himself , the other 7 being pulled out : who , with much more wisdom , and less pain , might have done so before , and have saved his 7 teeth , having but 8 in all . o in the year 1222. in a council at canterbury under archbishop stephen , a certain apostate jew , made of a christian a deacon , and afterwards apostatizing , was there judicially punisht , whom falco presently apprehending , caused to be hanged , as matthew paris writes ; but bracton and others record , that he was burned to ashes . p king henry the 3 ▪ anno 1230. wanting moneys , constrained the jews , whether they would or would not , to give him the third part of all their movable goods , and that with all expedition . q the jews in the year of our lord 1231. builded a synagogue very curiously , but the christians obtained of the king , that it should be dedicated to our blessed lady , and was since by the same king henry , granted to the brethren of st. anthony of vienna , and called st. anthonies hospitall . r in the year of our lord , 1233. king henry the 3. at his proper costs built in london , not farr from the old temple , a decent house and church , sufficient for a covent , with other convenient edifices thereto belonging , called * the house of the converts : to which house the converted jews flying , leaving the blindnesse of judaism , under a certain honest rule of living , might have a certain habitation , a safe refuge , and a sufficient livelihood during their whole liues , without servile labour , and the gain of usury . whereupon it came to passe , that in a short time there was gathered together to that place , a great number of converts , who were there baptized and instructed in the christian faith , and lived laudably , being governed by a skillfull rector , specially appointed for that purpose . ſ king henry in the year 1235. keeping his court and the nativity at vvestminster with many of his bishops and nobles , there were brought before him upon the complaint of john toly , 7 jews , who had circumcised a certain child in norwich , whom they had stollen away from his parents , and kept for a years space from the sight of christians , intending to crucifie him on the feast of easter . but being convicted for this fact , they confessed the truth of the thing in the kings presence ; and so being at the kings pleasure , both for their life and members , were detained in prison for this fact , and some of them drawn and hanged . t in the year of our lord , 1240. the jews circumcised a christian child at norwich , and being circumcised , they called him jurninus : but reserved him to be crucified , in contumely of jesus christ crucified . but the father of the child , from whom the jews had stollen him , diligently seeking after his sonne , at the last found him shut up in the custody of the jews : and with loud clamours declared , that his sonne , whom he thought to have been lost , was wickedly kept up in the chamber of a certain jew . which great premeditated wickednesse coming to the knowledge of the bishop , william rele , a prudent and circumspect man , and of other great men , lest through the slothfulnesse of the christians so great an injury of christ should be passed by unpunished , all the jews of the city were apprehended : and when as they would have defended themselves by regal authority ; the bishop said , these things belong to the church , and are not to be determined in the kings court , seeing the question to be discussed , is concerning circumcision , and the breach of faith . whereupon 4 of the jews being convicted of the aforesaid wickednesse , were first dragged about at the tails of horses , and at last hanged on the gallows , lamentably breathing forth the reliques of life . the very next year the jews in forraign parts , especially in germany , believing , that the tartars were of their own nation , entred into a secret league with them , to destroy the christians , and subdue the whole world to themselves ; to which end they provided many , hogsheads filled with arms to be transported to the tartars ; pretending to the christian princes , that they were vessels filled only with poysoned wines , wherewith they intended to poyson and destroy the tartars , who would drink no wines , but such as were made by the jews . but this their treachery being detected by the customers in germany ; who found these pretended vessels of wine , to be fraught with arms for the tartars wherewith to destroy the christians ; thereupon the jews were delivered to tormentors , to be perpetually imprisoned , or slain with their own swords , as matthew paris more at large relates . anno 1241. p. 564. u king henry , anno 1243. exacted a great ransom from the most miserable jews , both in gold and silver : so that , besides what he exacted from others , he extorted from one jew , aaron of yorke , 4 marks of gold , and 4000 marks of silver : the king himself receiving the gold with his own hand from every jew , man or woman , being made of a king , a new receiver of custome ; but the silver was received by others for the king. x anno 1244. in august , the corps of a little male child was found buried in the city of london , in whose thighs and arms , and under his paps , there was a regular inscription in hebrew letters . to which spectacle when as many resorted , admiring at it , and not knowing how to read the letters , knowing that the letters were hebrew , they called thither converted jews , who inhabited the house which the king had founded in london , that they as they loved their life or members , for the honour , love , and fear of their lord the king , without figment of falshood , might declare that writing . for the kings bayliffs and conservators of the peace were present . they likewise believed , neither without cause , that the jews had either crucified that little child in obloquy and contumely of christ ( which was related frequently to have happened ) or had afflicted him with sundry torments to crucify him , and when he had given up the ghost , they had now cast him there , as unworthy the crosse . moreover , there appeared in his body blew marks , and rents of rodds , and manifest signs and footsteps of some other torment . and when as those converts were brought , to read those things that were inscribed , and studied that they might perfectly read them , they found the letters deformed , and now not legible , being many ways disordered , and tossed up and down , by reason of the extension and contraction of the skin and flesh . but they found the name of the father and mother of the little child , suppressing their surnames , and that the child was sold to the jews ; but to whom , or to what end , they could not find . in the mean time , certain of the london jews took a secret and sudden flight , never to return again , who by this very thing rendered themselves suspected . and some assirmed that the lord had wrought miracles for the child . and because it was found , that the jews at other times had perpetrated such wickednesse , and the holy bodies crucified had been solemnly received in the church , and likewise to have shined brightly with miracles , although the prints of the 5 wounds appeared not in the hands and feet , and side of the said corps , yet the canons of st. paul took it violently away , and solemnly buried it in their church , not far from the great altar . y the same year ( 1244. ) the barons in parliament ordered , that there should be one justice at the least appointed for the jews , by the nomination of the parliament . z in the year of our lord ; 1250. king henry the 3d. burning with a covetous desire , commanded mony to be extorted from the jews without all mercy , so as they might seem to be altogether and irrecoverably impoverished ; exacting what monies soever they had in their chests . notwithstanding , although they were miserable , yet they were pittied by none , because they were often proved and convicted to have been counterfeiters as well of monies as of seals . and to passe by the monies of others , we shall only mention one , that their malice may the more appear to many . there was a certain rich jew , having his abode and house at berkamstede and wallingford , abraham in name , not in faith , who was very dear to earl richard , who had a very beautifull wife , and faithfull to him , named flora. this jew that he might accumulate more disgrace to christ , caused the image of the virgin many , decently carved and painted , as the manner is , holding her sonne in her bosom . this image the jew placed in his house of office ▪ and which is a great shame and ignomy to expresse , blaspheming the image it self , as if it had been the very virgin her self , threw his most filthy , and not to be named excrements upon her , days and nights , and commanded his wife to do the like . which when his wife saw , after some days , she grieved at it by reason of the sex , and passing by secretly , wiped off the filth from the face of the image most filthily defiled . which when the jew her husband had fully found out , he therefore privily and impiously strangled the woman her self , though his wife . but when these wicked deeds were discovered , and made apparent , and proved by his conviction , although other causes of death were not wanting , he was thrust into the most loathsom castle of the tower of london . whence to get his freedom , he most certainly promised , that he would prove all the jews of england , to have been most wicked traitors . and when as he was greatly accused almost by all the jews of england , and they endeavoured to put him to dea●h , earl richard interceded for him . whereupon the jews grievously accusing him both of the clipping of money , and other wickednesses , offred earl richard a thousand marks , if he would not protect him ; which notwithstanding the earl refused , because he was called his jew . this jew abraham therefore gave the king 700 marks , that he might be freed from perpetual imprisonment , to which he was adjudged , the earl assisting him therein . the king thereupon at the same time sent the justices of the jews throughout all england , to search out all their mony both in debts and possessions , and with them a certain most wicked & mercilesse jew , that he might wickedly & falsly accuse all the rest against the truth ; who verily reprehended the christians , pitying and weeping over the affliction of the jews , and called the kings bayliffs , luke-warm and effeminate ; and gnashing with his teeth over every jew , affirmed with many great oathes , that they could give twice as much more to the king , then what they had given , although he most wickedly lyed against his own head . this jew , that he might more effectually hurt the rest , revealed all their secrets daily to the kings christian exactors . in the mean time the king ceased not to scrape mony together from all hands , but principally from the jews ; so that from one jew alone , born and living in yorke , called aaron , ( because he was convicted of falsifying a charter , as was reported ) he extorted 14000 marks , and 10000 marks of gold for the queens use , for a little times respite , that he might not languish in prison . all which sums being paid , it was found that this aaron had paid to the k. since his return from forraign parts , 30000 marks of silver , and two hundred marks of gold to the queen , as the said aaron upon the attestation of his honor and faith averred to matthew paris , who records it . yet notwithstanding , although the jews might be pittied , yet were they pittied by no man , seeing they were corrupters and counterfeiters of the kings mony and of charters , and manifestly and frequently proved , condemned , and reprobated as such . a philip lunel clerk , called to the service of the king , and addicted to the custody of the jews , anno 1251. was grievously accused before the king , his adversaries affirming , that when he and nicholas of st albans clerk , were sent towards the northern parts to tax and squeeze the jews , he privily received most precious vessels from a certain jew , that he might spare him in his tallage to the king ; and that he likewise took secret gifts from others , that he might spare them ; and that he opprest these jews notwithstanding , to the dammage of the king , and the violation of his faith. whereupon the king being very angry , commanded philip himself to be unworthily handled , untill he should satisfy him for this great transgression . philip hereupon , a crafty and circumspect man , humbly craved advice and assistance from the lord john mansell , the kings prime counsellor , concerning his great tribulation , because he had promoted him to the kings service , who effectually procured that he recovered the kings favor , giving him a great summ of mony for it , a thousand marks , as was reported . yet notwithstanding he was removed from his office , and not a little disgraced . it seems the kings officers could fleece the jews in that age , by secret bribes and gifts , as well as himself , by intollerable exactions . b king henry the iii. to satisfie the popes desire in taking a voyage to the holy land , anno 1252. extorted from the jews whatsoever those miserable wretches might seem to have , not only by scraping or excoriating , but even by unbowelling them . being also an hydropical thirster after gold , he so greedily sucked talents , or bullion , or jewels , as well from christians as jews , that a new crassus might seem to be raised from the dead . and th●s very year robert de la ho , to whom the king had committed the custody of the jews , and of the seal which belonged to their exchequer , was grievously accused before the king , being charged with this crime , that he had oppressed the innocent son of a certain knight , by a certain false charter , confirmed with the seal , of which the said robert , justice of the jews , was the bearer and keeper . whereupon he was basely apprehended , and committed to a close prison ; and defamed with the like scandal wherewith philip lunel but the year just before had been intangled in the-snares of the perfidious jews , who was then their justice . at last , by the great labour of his friends , the malice of the jews is detected , but the innocency of the said robert then set free , scarce declared . whereupon being put from his offices , he openly paid 4 marks of gold at least for his fine . c this very year ( 1252. ) there came out of the holy land a mandate from the king of france ; that all the jews should be expelled out of the realm of france , and condemned to perpetual exile ; with this clause of moderation added thereto : but he who desires to remain , let him be an artificer , or handicrafts-man , and apply himself to mechanical artifices . for it was scornfully objectd to the said king by the saracens ; that we d●d little love or reverence our lord jesus christ , who tolerate the murderers of him to live among us . d in the year of christ , 1253. novemb. 10. the obligatory charter wherewith the abbot and covent of st. alban were held bound for the debt of richard de oxaie knight , was taken out of the hand of elias the london jew , and freed out of the chest ; and it was proclaimed in the school of the jews at london ( where it seems they had then a school ) that the foresaid abbot and covent should be quit from all this debt against them , from the beginning of the world till then , as the statute obtained by them protesteth . e the jews in northampton about the year of our lord , 1253. had among themselves prepared wild-fire , to burn the city of london ; for the which divers of them were taken and burned in the time of lent , in the city of northampton . f anno 1254. king henry after easter so cruelly raged against the most miserable people of the jews , that they loathed even to live . and when they were called together , earl richard exacted of them for the use of the king , who was in great want , no small summe of mony , under pain of a most loathsom prison , and a most ignominious death . elias therefore of london , high priest of the jews , taking counsel with his companions , answered for them all , who had frequently paid very great summs of mony , whether they would or would not . o noble lords , we see undoubtedly that our lord the king purposeth to destroy us from under heaven . we intreat , for gods sake , that he would give us license & safe conduct of departing out of his kingdom , that we may seek and find a mansion in some other place , under some prince who bears some bowels of mercy , and some stability of truth and faithfulness . and we will depart , never to return again , leaving here our housholdstuff , and houses behind us . how can he love or spare us , miserable jews , who destroyes his own natural english ? he hath people , yea his own merchants , i say not usurers , who by usurious contracts heap up infinite heaps of money . let the king rely upon them , and gape after their emoluments . verily they have supplanted & impoverisht us . which the k. howsoever dissembles to know , exacting fro us those things we cannot give him , although he would pull out our eyes , or cut our throats when he had first pulled off our skins . and speaking this with sighs and tears hindring his speech , he held his peace , falling almost into an extasie , ready to die . which when it came to the knowledge of the magistrates , they permitted them not to depart out of the realm ; saying . whether will ye flee , o wretches ? behold the king of france hateth and persecuteth you , and hath condemned you to perpetual exile : shunning charibdis , you desire to be drowned in scylla . and so the small little substance , which was left to them for their mean sustentation , was violently extorted from them . g king henry the 3d. an. 1255. exacted with great earnestnesse from the jews , although very frequently impoverished , 8000 marks , to be speedily paid unto him under pain of hanging . but they seeing nothing else hanging over them , but destruction with confusion , answered all unanimously . sir king , we see that thou sparest neither christians , nor jews , but studiest with crafty fetches to impoverish all men : we have no hope of respiration left us : the usurers of the pope have supplanted us ; permit us to depart out of thy kingdom with safe conduct ; and we will seek for our selves such a mansion as we can , be it what it will. which when the king had heard , he cryed out with a querulous voice , saying : it is no marvel if i covet money , it is an horrible thing to imagin the debts wherein i am held bound . by the head of god they amount to the sum of two hundred thousand marks , & if i should say of three , i should not exceed the bounds of truth . i am deceived on every side . i am a maimed and abridged king , yea , now but an halfed king. for having made a certain estimate of the expences of my rents , the sum of the annual rent of edward my sonne amounts to above 15000 marks . there is therefore a necessity for me to live of the mony gotten from what place soever , from whomsoever , and by what means soever . therefore being made another titus , or vespasian , he sold the jews for some years to earl richard his brother , that those whom the king had excoriated , he might eviscerate . yet the eatl spared them , considering their abbreviated power , and ignominious poverty . h the same year , about the feast of peter and paul , the jews of lincoln stole a child called hugo , being 8 years old , and when as they had nourished him in a certain most secret chamber , with milk and other childish aliments , they sent almost to all the cities of england wherein the jews lived , that in contempt and reproach of jesus christ , they should be present at their sacrifice at lincoln : for they had , as they said , a certain child hid to be crucified . whereupon many assembled at lincoln . and comming together , they appointed one lincoln jew for the judge , as it were for pilate . by whose judgement , by the consent of all , the child is afflicted with sundry torments . he is whipped even unto bloud and lividnesse , crowned with thorns , wearied with spittings and shriekings : and moreover he is pricked by them all with ponyards , made to drink gall , derided with reproaches and blasphemies , and frequently called by them with grinding teeth , jesus the false prophet . and after rhey had derided him in divers manners , they crucified him , and peirced him with a spear to the heart . and when the child had given up the ghost , they took down his body from the crosse , and took the bowels out of his corps , for what end is unknown , but it was said it was to exercise magical arts . the mother of the child diligently sought for her absent son for some dayes , and it was told her by neighbours , that the last time they saw her child whom she sought , he was playing with the children of the jews of his age , and entred into the house of a certain jew . whereupon the woman suddenly entred that house , and saw the body of the child cast into a certain pit . and having warily called the baylifs of the city together , the body was found and drawn forth ; and there was made a wonderful spectacle among the people . but the woman , mother of the child , complaining and crying out , provoked all the citizens there assembled together , to tears & sighs . there was then present at the place john de lexinton , a circumspect and discreet man , and moreover elegantly learned , who said . we have sometime heard , that the jews have not feared to attempt such things in reproach of jesus christ , our crucified lord. and one jew being apprehended , to wit , he into whose house the child entred playing , and therefore more suspected than the rest ; he saith unto him . owretch ! knowest thou not that speedy destruction abides thee ? all the gold of england will not suffice for thy deliverance or redemption . notwithstanding i will tell thee , although unworthy , by what means thou maist preserve thy life and members , that thou maist not be dismembred . i will save both to thee , if thou dost not fear to discover to me whatsoever things are done in this case without falshood . whereupon this jew , whose name was copin , believing he had thus found out a way of escape , answered , saying . sir john , if thou makest thy words good by thy deeds , i will reveal wonderful things to thee ; and the industry of sir john animating and exciting him thereto , the jew said . those things are true which the christians say . the jews almost every year crucify one child , to the injury and contumely of jesus ; but it is not found out every year : for they do this secretly , and in hidden and most secret places ; but this child whom they call hugo , our jews have most unmercifully crucified , and when he was dead , and they desired to hide him being dead , he could not be buried in the earth , nor hid . for the corps of the innocent was reputed unprofitable for divination , for he was unbowelled for that end . and when in the morning it was thought to be buried , the earth brought it forth , and vomitted it out , and the body sometimes appeared inhuman , whereupon the jews abhorred it . at last it was cast headlong into a deep pit , neither as yet could it be kept secret , for the importunate mother diligently searching all things , at last shewed to the baylifs the body she had found . but sir john notwithstanding this , kept the jew bound in chains . when these things were known to the canons of the church of lincoln , they requested the body to be given to them , which was granted them . and when it had been sufficiently viewed by an infinite company of people , it was honourably buryed in the church of lincoln , as the corps of a most precious martyr . the jews kept the child alive for 10 days , that being fed for so many dayes with milk , he might living suffer many sorts of torments . when the k. returned from the northern parts of england , and was certified of the premisses , he reprehended sir john , that he had promised life and members to so flagitious a person , which he could not give ; for that blasphemer and homicide was worthy the punishment of many sorts of death . and when as unavoydable judgement was ready to be executed upon this offender , he said . my death is now approaching , neither can my lord john preserve me , who am ready to perish . i now relate the truth to you all . almost all the jews of england consented to the death of this child , whereof the jews are accused : and almost out of every city in england wherein the jews inhabit , certain chosen persons were called together to the immolation of that child , as to a paschal sacrifice . and when as he had spoken these things , together with other dotages , being tied to an horses tail , and drawn to the gallows , he was presented to the aereal cacodaemons in body and soul ; and 91 other jews , partakers of this wickednesse , being carried in carts to london , were there committed to prison . who if so be they were casually bewailed by any christians , yet they were deplored by the caursini ( the popes italian usurers ) their corrivals with dry eys . afterwards by the inquisition of the kings justices , it was discovered & found ; that the iews of england by common councel had slain the innocent child , punished for many days , and crucified . but after this the mother of the said child constantly prosecuting her appeal before the king against them for that iniquity and such a death ; god the lord of revenges , rendred them a condigne retribution , according to their merits ; for on st. clements day , 88. of the richest and greatest jews of the city of london , were drawn and hanged up in the air upon new gibbets especially prepared for that purpose , and more than 23 others were reserved in the tower of london to the like judgement . i have transcribed this history at large out of matthew paris , who flourished at that time , because our other historians doe but briefly touch it , and because it undeniably manifests the transcendent impiety , blasphemy , malice , persecution , and obloquy of the jews against our saviour jesus christ , and christians , and their constant , usual practise of crucifying children almost every year , in contempt and reproach of our crucified saviour , by common consent ; which mr. nye conceived might be easily wiped off , as false , and not fully proved or charged on them by our historians , which this ensuing passage concerning these jews will further ratify . i certain infamous jews being 71 in number , adjudged to death by the oath of 25 knights , for the miserable death of the child crucified at lincoln , being reserved in the prisons of london to be hanged anno 1256 ( the year after their condemnation ) sent secret messengers ( as their enemies affirm ) to the friers minors , that they might intercede for them , that they might be delivered from death and prison , being notwithstanding worthy of the most shamefull death . whereupon they ( as the world reports , if the world in such a case be to be credited ) by the mediation of money , freed them by their prayers and intercession , both from the prison and from the death which they had deserved ; led thereto with a spirit of piety , as i think is piously to be believed : because so long as any man is in life , and in this world , he hath free will , may be saved , and there is hope of him . but yet for the devil , or the manifestly damned we are not to hope nor pray , because there is no hope of them ; for death and a definitive sentence , at once irrevobly intangle them ; neither could this answer excuse the minors , for although they were not guilty , yet the scandal did defame them . the common people now hath withdrawn their hands , that they do not benefit them with their alms , as heretofore , and the londoners devotion is grown cold towards the minorites . for procuring these condemned jews life and liberty , whose money ( it seemeth ) could even corrupt these very self-denying popish saints , who had renounced the world in habit , but not in heart . k all the prelates of england in the year 1257. drew up certain articles in writing concerning their liberties , which they intended to present to the king and nobles , to be ratified by them in parliament in due season ; wherein they complain , artic. 32 , 33. that when as the jews are convicted before the ecclesiastical judges for delinquency against an ecclesiastical person , or for ecclesiastical things , or for sacriledge , or for laying violent hands upon a clerk , or for adultery with a christian woman ; the conusans of the cause is hindered by the kings prohibition : because it alleageth that they have their proper judge , the sheriff of the place , and their proper delegated judges , who may and ought to have conusance of these things . and yet if they be convented by a clergy-man or lay-man before them for such things , upon the denial thereof by the person alone , the simple assertion of another jew , and of one christian , without the administring of any oath they purge themselves , the proof of the prosecutor being utterly rejected . item , if communion be denied to them by the church because they bear not their table or signe , or because they retain christian nurses against the precepts of the church , or if they be excommunicated for some other excesses ; the bayliffs ( or officers ) of the king communicating with them , command on the behalf of our lord the king himself , that they be not avoided by any , and cause them to be admitted and received to communion . against which grievances in derogation of ecclesiastical jurisdiction , the bishops then thus provided . and because in like manner the office of the prelates is hindred when as it happens a jew offending against ecclesiastical things and persons , shall be convented for these things before them , and for other things which apperta●n to the ecclesiastical court of meer right ; we provide , that the jew notwithstanding shall be compelled to answerin these cases by the interdict ofcommerce , contracts , and communion of the faithfull : likewise the inhibiters , hinderers and distrainers shall incurre the punishments of interdiction and excommunication . ( l ) in the year of christ 1259. on the feast of christs nativity , a certain creature , elias a jew of london , whose sirname was bishop , fearing danger and manifest damnation to himself , fled to the laver of defence and salvation , and was new-born in the spirit ; for being cleansed with wholesom baptism , two others also accompanying him , he was delivered out of the lot of the devil , and saved from the revenge of the most wicked crime heretofore committed by him . for it was said , that in his house that poysonous drink was made , which had proved mortal and perillous to many nobles of england , ( poysoned therewith by the jews ) which even he himself , as was reported , well confessed . but then he was a devil , but now throughly changed , and a christian , and as the condition , so the operation is changed . as mathew paris ironically writes of him . m a certain jew in the year 1260 fell into a privy at teuk●sbury ; but because it was then the sabbath , he would not suffer himself to be pulled out , except on the following lords day , for the reverence of his sabbath : wherefore richard clare earl of glocester , commanded him ( in reverence of the lords day ) to be kept there till munday , at which time he was found dead of the stink , or hunger . n the barons of england ann. 1262. robbed and slew the jews in all places : there were slain of them in london to the number of 700. the rest were spoyled , and their synagogues defaced . the original occasion of which massacre was , because one jew had wounded a christian man in london , within cole-church , and would have enforced him to have paid more than two pence for the usury of 20 s. for one week . o in the year 1264. in the passion week , the jews that inhabited the city of london , being detected of treason , which they had devised against the barons and citizens , were slain almost all the whole number of them , and great riches found in their houses , which were taken and carried away by those that ransacked the same houses . p the disinherited barons and gentlemen in the isle of oxholme , in the year 1266 , took and sacked the city of lincoln , spoyled the iews , and slew many of them , entred their synagogue , and burnt the book of their law. q in the 7th year of king edward the 1. ann. dom. 1278. as some , or 1279. as others compute it , the king held a parliament at london , which was chiefly called for the reformation of his coyn , which was then sore clipped , by reason whereof it was much diminished and impaired . in the time of this parliament in the moneth of november all the jews throughout england , ( as matthew vvestminster ) or many of the jews in london , and other parts of the realm , were apprehended in one day , and imprisoned in london for clipping of money : and in december following , divers enquests were charged in london to enquire of the said jews and all others who had so blemished and clipped the kings coyn ; by which enquests the jews of the city , with the gold-smiths that kept exchanges of silver were indicted . andshortly after candelmas , the mayor and justices of the land sat at london , where before them was cast 297 persons for clipping ; of the which 3 only were englishmen , and all the other were jews , born either within this realm , or elsewhere , but most of them english jews ; who were all of them at sundry places and times put to execution in london ; who impeached the chief men of london , and very many christians , who consented to their wickednesses . after which a very great multitude of jews were hanged in other cities of england for the same offence . r anno 1279. the jews of northampton crucified a christian boy , but did not throroughly kill him , upon good-friday ; for the which fact many of the jews at london , after easter , were drawn at horses tails , and hanged . ſ in the year of our lord 1282. john peckham arch-bishop of canterbury , sent an expresse precept and command to the bishop of london , to suppresse and destroy all the synagogues of the jews within his diocesse . t on may 2. anno 1287. all the jews of england were apprehended by the kings precept , for what cause was not known ; who ransomed themselves for 12000l . of silver ; they had then a synagogue at canterbury . fabian writes , that the jews of england were sessed at great sums of mony ( perchance the cause of their seisure ) which they paid unto the king ; but of * other authors it is said , that the commons of england then granted to the king the fifth part of their moveables , for to have the iews banished out of the land . for which cause the said jews , for to put the commons from their purposes , gave of their free wills great sums of money to the king , which saying appeareth to be true , for that the said jews were exiled within few years after , with whom grafton and holinshed accord . a strong evidence of the potency of jewish money , over-powring the whole commons of england in parliament , and this their liberal subsidy for their banishment at that season . about this year ( as i conceive ) the statutes of edward the first , intituled de judeismo , were made and published , printed in rench in tottles magna charta anno 1556. part 2. f. 58 , 59. which being not printed amongst our statutes at large in the english tongue , i shall here insert and translate . 1. for that the king hath seen , that many mischiefs & disherisons of honest men of this land have happened by the usuries which the jews have made therein in times past , and that many sins have therein risen from thence : albeit he and his ancestors have had great profit from the jews both now and in times past : notwithstanding this , for the honour of god , and for the common benefit of the people , the king doth ordain and establish ; that no jew hereafter shall take ought for usury upon lands , rents , nor upon other things : and that no usury shall run from the feast of st. edward last past , and before , but that the covenants before made shall be held , save only that the usuries themselves shall cease . provided that all those who are indebted to jews upon pawns moveable , shall discharge them between this and easter at furthest , and if not , let them be forfeited : and if any jew shall take usury against this establishment , the king neither by himself , nor any of his officers , will not intermeddle to cause him to recover his debt ( or use ) but will punish him at his pleasure for the trespasse , and shall do right to the christian to recover his gage . 2. and it is provided , that the distresses for the debt of jews , shall not hereafter be so grievous , that the moity of lands and chattels to the christians shall not remain for their sustenance . and that no distresse shall be made for the debt of a jew , upon the heir to the debtor named in the charter of the jew , nor upon other which holds the land which was the debtors , before the debt shall be dereigned and acknowledged in court. and if the sheriff or other bayliffs by commandment of the king ought to make seisin to a jew , to one or more , for their debt , of chattels , or of lands , to the value of the debt ; the chattels shall be praised by the oath of honest men : the chattels shall be delivered to the jew or jewesse , or to their attorney , to the value of the debt . and if the chattels be not sufficient , the lands shall be extended by the same oath , before that the seisin shall be delivered to the jew or jewesse , every one according to the value : and so that they may after know certainly the debt is discharged , that the christian afterwards may then have his lands : saving to the christian for ever the moity of his lands , and of his chattels for his sustenance , as afore is said , and the chiefhouse . 3. and if any thing stollen at this hour shall be found in the possession of a jew , and any will sue , let the jew have his summons , if he may have it , and if not , he shall answer so , that he shall never be privileged for it otherwise than a christian . 4. and that all the jews shall be residents in the cities and in the burroughs which are the kings own , where the * chest for the jews indenture is wont to be . and that every jew after he is past 7. years of age , shall carry a sign ( or badge ) in his chief garment ; that is to say in form of two talles of yellow taffety , of the length of six fingers , and breadth of 3. fingers ( or handfulls . ) and that every one after he is past 12 years , shall pay 3 d. the poll every year to the king , which shall be paid at easter ; and this shall be intended as well of women as of men . 5. and that no jew shall have power to infeoff another jew nor christian of their houses , rents or tenements which they have now purchased , not to alien them in any manner , nor to make an acquittance to any christian of his debt , without the special license of the king , untill the king hath otherwise ordained . 6. and because holy church wills and suffers , that they should live and be protected , the king takes them into his protection , and gives them his peace , and wills that they shall live , and shall be guarded and defended by his sheriffs , and his other bayliffs , and by his leiges ; and commands that none shall doe them harm , injury , nor force in their bodies , nor in their goods , moveables or unmoveables . and that they shall not be impleaded , sued nor challenged in any court , but in the * kings court , wheresoever they are . 7. and that none of them shall be obedient , respondent , nor render rent , but to the king and his bayliffs in his name , if it be not of their houses which they now hold rendering rent ; saving the right of holy church . 8. and the king grants them , that they shall live in their lawfull merchandizes , and by their labour , and that they shall converse with the christians for lawfull merchandizing in selling and in buying . but yet , that by this priviledge , nor any other , shall they be levant ( rising ) or couchant ( lying down ) amongst them . and the king will not , that by reason of their merchandize , that they should be in lots nor scots , nor tallage with those of the cities or burroughs where they remain , seeing they are tailable to the king , as his own vassals , and to none other . 9. moreover the king grants them , that they may buy houses and curtelages in the cities or burroughs where they reside , so as they hold them in chief of the king : saving to the lords the services due and accustomed . 10. and that they may take lands to farm for term of six years , or under , without taking homages or fealties , or such manner of service of a christian , and without having advowson of holy church , for to support their life in the world , if they know not how to merchandize , or be unable to labour . and this power for to take lands to farm , shall not endure to them but 15 years from this time forth to come . by these laws this politick king to please his english christian subjects , who desired and sollicited the jews banishment in parliament , abridged many of their former priviledges , and put many new restraints upon them . and yet on the other hand , to gratifie the jews , ( who gave him more monies than the english , to reside here still ) he takes them all into his special protection , prohibits all violence to their persons or estates , and grants them some petty priviledges for the present , which seemed to content them , and made for his own advantage , more than theirs . u k. edward the 1. the next year ( 1288. ) being in gascoigne , a certain english knight decreed to convent a jew , for the undue detention of a certain mannor morgaged to him , before the judges : but the crafty jew refused to answer , pretending a charter of king henry heretofore , which was granted to him , that he should not be drawn into judgement before any judge , except only before the person of the king. the knight being troubled at this , went into gascoigne , that he might obtain some remedy hereupon from the king. whom when the king had heard , he answered : it is not seemly for children to make void the deeds of their parents ; to whom by gods law they are commanded to give reverence : wherefore i have decreed , not to make void the deed of my father ; but i grant to thee , and to the rest of my realm by the like law ( lest a jew might seem better than a christian ) that for any injury whatsoever done to the iew , so long as he shall enjoy his charter , you shall not be convented before any iudge , except my self . the knight returning with this priviledge , the jew considering that danger and peril hung over his head , voluntarily renounced his charter , evacuating the condition of his priviledge , and wishing that both parties might be subject to the common law. x the year following , anno 1289. king edward taking upon him the character of the crosse at blankeford in gascoigne , presently banished all the jews out of gascoigne , and all other his lands which he possessed in the realm of france , as enemies of the crosse . from whence returning into england , anno 1290 , he was joyfully received at london , both by the clergy and all the people ; and the same year exiling the jews likewise out of england , giving them expences into france he confiscated all the rest of their goods . upon what grounds , by what authority , for what time , in what manner , with what desire of , and content to all the whole commons and realm of england , the jews were then banished thence , these ensuing historians will at large relate , in their own words , which i shall transcribe for the better information and satisfaction of all sorts of men , whether christians or jews . y matthew westminster ( flourishing at that time ) gives this relation of it . about the s●●days , namely the 31 of august , the exasperating multitude of jews , which dwelt confidently in times past through divers cities and strong forts , jussa est , was commanded with their wives and children , together with their moveable goods , to depart out of england , about the feast of all saints , which was assigned to them for the term , which they dared not to transgresse under pain of hanging : whose number was supposed to be 16511. such a decree had issued out before from the landable king of england in the parts of aquitain , from whence all the jews were likewise banished . z thomas walsinghaem , living near that age , thus records it . the king returning out of gascoigne to london , was solemnly received by the clergy and all the people , who the same year banishing all the jews out of england giving them their expences into france , confiscated the rest of their goods . this year the king held a parliament , in which were made the statutes called westminster the 3d. in quo etiam parliamento pro expulsione iudaeorum , concessa sunt regi a populo , quinta decima pars bonorum . in which parliament likewise for the banishment of the iews , there was granted to the king by the people , a fifteenth part of their goods . a henry de knyghton a canon of le●cester , a most diligent antiquary flourishing in richard the 2ds . reign , rendreth it in these terms ▪ king edward grievously punished the iews and their consorts for clipping of money , and corrupt exchanges , where upon in one day he caused all the iews to be apprehended , some he hanged , the rest he banished . when he had done his will upon his corrupt iudges ( fined , deposed , and some of them banished in the same parliament that the jews were exiled ) presently another cause moved him concerning money , which he found to be basely clipped and corrupted , to the preiudice of the crowns , and the great damage of the people , by the infidelity and malice of the iews as it was inquired and found , et fe●it stabilire unum parliamentum , in quo convicti sunt iudaei de ea falsitate : et statuit , quod omnes iudaeos exirent de terra angliae , deinceps non redituri , propter eorum incredulitatem principaliter , et propter falsitatem quam eis dure imposuerat : et pro hac causa cum festinatione facienda , et sine d●latione explenda , communes regni ●ederunt regi quintum denarium de omnibus bonis suis mobilibus . and he caused a parliament to be 〈…〉 ed , wherein the iews are convicted of that falshood ; and he ordained , that all the iews should depart out of the realm of england , not to return again afterwards , for their incredulity , principally , and for their falsenesse , which he had hardly pressed upon them . and for this ( their banishment ) speedily to be made and executed , without delay , the commons of the realm gave to the king the fifth part of all their moveable goods . b iohn major , and the c centuriators of magdeburgh , out of him , thus register it to posterity . in the year 1290 the iews were banished out of england , for the englishmen had made a great complaint to edward the 1. that by their usuries and frauds most m●n of the inferior sort were reduced to nothing , which thing was gainfull to the king ; for every of the commoners gave the king the fifteenth penny , that he might banish the jews . = our learned d iohn bale e polydor virgil , and the century vvriters out of him thus expresse it . anno 1291 [ it should be 1290 ] in the parliament at london , there was a debate in the first place , concerning the banishing of the jews whereof there was a great multitude throughout ; england ; sed edicto publico concilii londinensis ( writes one ) publico igitur decreto ( saith another ) but by the publick f edict of the parliament assembled in london , and by a publick decree ; they were all commanded to depart the realm , with their goods , which they , concilii jussis obedientes , obeying the commands of the parliament , speedily did . to these latin authors , i might annex thomas stubs his act a pontificum eboracensium : col . 1728. who makes mention of this universal banishment of them out of all england in one day ; but i shall passe to our more common english historians . fabian , in his chronicle , part 7. p. 133. mr. iohn fox in his acts and monuments , lond. 1640. vol. 1. p. 443. and richard grafton in his chronicle . p. 169. thus report it , in the same words almost . this year also [ 1290. ] all the jews were utterly banished the realm of england , for the which the commons gave the king a fifteen . nicholas trivet in his polychronicon , and vvilliam caxton , in his chronicles , printed 1502. in the life of k. edw. the 1. thus stories the jews banishment , out of hygden and trev●sa , in their words ; a none after the king had done his will of the justices , tho lete he inquere and espye how the iews dysceyved and beguyled his people , thorough the synne of falsness : and of usury . and lete ordain a prevy parlement among his lords : so they ordained among theim , that all iewes should voyde out of englande for their mysbyleve , and also for their false vsury that they did unto crysten men. and for to speed and make an end of this thing , all the comynalte of englonde gave vnto the king the xv. penny of all theyr goodes mevable : and so were the iewes driven out of englonde . and tho went the iewes into france , and there they dwellyd , thrugh leve of kyng phylip that tho was kyng of france . raphael holinshed in his chronicles , out of them , vol. 3. p. 285. thus publisheth it . in the same year was a parliament holden at westminster , wherein the statutes of westminster the 3d. were ordained . it was also decreed , that all the jews should avoid out of the land : in consideration whereof , a fifteenth was granted to the king : and so hereupon were the jews banished out of all the kings dominions : and never since could they obtain any priviledge to return hither again . all their goods not moveable were confiscated , with their tailles and obligations , but all their goods that were moveable , together with their coyn of gold and silver , the king licensed them to have and convey with them . * a sort of the richest of them being shipped with their treasure in a mighty tall ship , which they had hired , when the same was under sail , and got down the thames towards the mouth of the river beyond quinborow . the master marmer bethought him of a wile , and caused his men to cast anchor , and so rode at the same till the ship by ebbing of the stream remained on the dry sands . the master herewith inticed the jews to walk out with him on land for recreation : and at length , when he understood the tyde to be comming in , he got him back to the ship , whether he was drawn by a cord . the iews made not so much hast as he did , because they were not ware of the danger . but when they perceived how the matter stood , they cryed to him for help ? howbeit he told them , that they ought to cry rather unto moses , by whose conduct their fathers passed through the red sea , and therefore if they would call to him for help , he was able enough to help them out of these raging floods , which now came in upon them : they cryed indeed , but no succour appeared , and so they were swallowed up in the water . the master returned with the ship , and told the king how he had used the matter , and had both thanks and reward , as some have written . but g others affirm , ( and more truly as should seem ) that divers of those marriners which dealt so wickedly against the jews , were hanged for their wicked practise , and so received a just reward of their fraudulent and mischi●vous dealing . john stow in his annals , p. 204. writes thus of it ; king edward banished all the jews out of england , giving them to bear their charges till they were out of the realm . the number of the jews then expelled , was fifteen thousand and sixty persons , whose houses being sold , the king received an infinite mass of money . iohn speed , in his history of great britain , p. 545. thus varieth the expression of it . king edward , anno 1290. to purge england from such corruptions and oppressions as under which it groaned , not neglecting therein his particular gain , banished the iews out of the realm , confiscating all their goods , leauing them nothing but mony to bear their charges , they by their cruel vsuries having eaten his people to the bones . to passe by heylms microcosm , p. 570. henry isaacsons chronology , ann. 1290. with others , who mention this their final banishment out of england , i shall conclude with the words of samuel daniel , his history , p. 160. of no lesse grievance ( than corrupt judges then fined , displaced , banished ) this king eased his people , by the banishment of the jews , for which the kingdom willingly granted him a fifteenth , having before [ in anno regis 9. ] offered a fifth part of their goods to have them expelled : but then the iews gave more , and so stayed till this time ; which brought him a great benefit by confiscation of their immoveables , with their tallies , and obligations , which amounted to an infinite value . but now hath he made his last commodity of this miserable people , which having never been under other cover , but the will of the prince , had continually served the turn in all the necessary occasions of his predecessors , but especially of his father and himself . sir edward cook in his 2d . institutes , p. 506 , 507 , 508 , in his commentary upon statutum de judaismo forecited , seems to contradict these forecited historians touching their banishment , whose words i shall at large rehearse , and refute to in this particular . this statute was made ( writes he ) in the parliament of 18 edw. 1. that the mischiefs before this statute , against jewish usury , were these . 1. the evils and disherisons of the good men of the land . 2. that many of the sins and offences of the realm , had risen , and been committed by reason thereof , to the great dishonour of almighty god. ( and are not these two sufficient grounds to keep them out now , as well as to restrain and banish them then ? ) the difficulty ( adds he ) was how to apply a remedy , considering what great yearly revenue the king had by the usury of the jews , and how necessary it was , that the king should be supplyed with treasure . what benefit the crown had , before the making of this act , appeareth by former records , as take b one for many . from the 17 of december in the 50 year of h. 3 until the tuesday in shrovetide , the 2d . year of edward the first , which was about 7. years , the crown had four hundred and twenty thousand pounds , fifteen shillings and four pence ; de exitibus judaismi : at which time , the ounce of silver was but 20 d. and now it is more than treble so much . so as the recital of the preamble is true , that he and his ancestors had received great profit from judaism . ( i ) many provisions were made both by this king and others : some time they were banished , but their cruel usury continued , and soon after they returned : and for respect of lucre and gain , king john , in the second year of his reign , granted unto them large liberties and priviledges , whereby the mischiefs rehearsed in this act multiplyed . but the lucre and gain which king john had , and expected of the infidel jews , made him , impie judaisare : for to the end they should exercise the laws of their sacrifices ( which they could not do without a priesthood ) the king by his charter granted them to have one , &c. which for the great rarity thereof , and for that we find it not either in our books or histories , i will rehearse in haec verba . k rex omnibus sidelibus suis , & omnibus , & judaeis & anglis , salutem . sciatis nos concessisse , jacobo judaeo de londoniis presbytero , judaeorum presbyteratum omnium judaeorum totius angliae . habendum & tenendum quam in vixerit , liberè & quietè , & honorificè & integrè ; it à quod nemo ●i super hoc molestiam aliquam , aut gravamen inferre praesumat . quare volumus & firmiter praecipimus , quod eidem jacobo quoad vixerit , presbyteratum judaeorum per totam angliam , garantitis , manu-teneatis , & pacificè defendatis . et si quis eum super eo sorisfacere praesumpserit , id ei sine dilatione ( salva nobis emenda nostra ) de forisfactura nostra emendare faciatis , tanquam dominico judaeo nostro , quem specialiter in servicio nostro retinuimus . prohibemus etiam ne de aliquo ad se pertinente ponatur in placitum , nisi coram nobis , aut coram capitali justiciario nostro , sicut charta regis richardi fratris nostri restatur . teste s. bathoniens . episcopo , &c. dat : per manus huberti cantuariensis archiepiscopi cancellarii nostri apud rothomagum 21 die julii , anno regni nostri primo . to which charter sir edward cook annexeth this marginal note , this king had a most troublesom and dishonourable rrign , god raising against him , for his just punishment , two potent enemies , pope innocent the 3 and philip king of france . and besides , which was the worst , he lost the heart and love of his baronage and subjects , and at the last had a fearfull end . he adds ( l ) our noble king edward 1 and his father h. 3 before him , sought by divers acts and ordinances , to use some means and moderation herein , but in the end it was found ; that there was no mean in mischief , and as seneca saith , res profecto stulta est nequitiae modus ( and will it not be so now in their new limited readmission if consented too ? ) and therefore king ed. 1. as this act saith : for the honour of god , and for the common profit of his people , without all respect , ( in respect of these ) of the filling of his own coffers , did ordain , that no jew from thenceforth should make any bargain or contract for usury , nor upon any former contract should take any usury , from the feast of st. edward then last past . so in effect all jewish usury was forbidden , this law struck at the root of this pestilent weed , for hereby usury it self was forbidden , and thereupon the cruel jews thirsting after rich gain , to the number of 15060 departed out of this realm into foraign parts , where they might use their jewish trade of usury , & from that time that nation never returned again into this realm . m some are of opinion , ( and so it is said in some of our histories ) that it was enacted by authority of parliament , that the usurious iews should be banished out of rhe realm : but the truth is , that their usury was banished by this act of parliament , and that was the cause , that they banished themselves , into other countries , where they might live by their usury . so that by his opinion , they were not then banished by the king or parliament , but only voluntarily banished themselves upon the making of this statutes aginst their usury . but under the favour of this deceased reverend judge , whose memory i generally reverence , this opinion of his is a meer mistake . for 1. this statute of judaisme was made some years before their banishment hence , as i formerly hinted , and the last clause thereof for renting houses ( to continue for 15 years ) manifests ; not in 18e . 1. 2ly . no record nor historian mentions , that they voluntarily banished themselves upon the making of this law , neither can their voluntary departure hence upon this occafion be stiled a banishment . 3ly . the forecited historians record , that they gave but few years before a vast sum of money to prevent their banishment , then urged in parliament by the commons , with the profer of the 5 part of their goods to the king for their banishment and therefore it is very improbable they would at the same time volunntarily banish themselves . 4ly . all the last cited historians of these latter times unanimously record , and theywere judicially , really banished both by the king and parliament , principally for their infidelity , and other fore-alloaged reasons , commanded under pain of hanging to depart out of it by a set day ; for the effecting and hastning whereof , the commons gave the king a sifteenth . therefore not banished by of themselves alone . who are more to be credited than this judges singular opinion . 5ly . his own subsequent words and records in direct terms contradict this opinion of his no lesse than 5 times , which i wonder he observed not , i shall recite them at large to undeceive his over-credulous readers of the long robe , who take his words and works for oracles ( though in many things very full of grosse mistakes contradicted by by his own records , he cites , specially in his chapter of * parliament and admiralty . n and for that [ writes he ] they were odious both to god and man , that they might passe out of the realm in safety , they made petition to the king , that a certain day might he prefixed to them to depart the realm [ it was prefixed by the king and parliament against their wills ] to the end that they might have the kings writ to his sheriffs for their safe conduct , and that no injury , molestation , damage or grievance be offered to them in the mean time , one of which writs we will transcribe . o rex , vic : g. cum judaeis regni nostri universis certum tempus praefixerimus ( therefore prefixed by the king himself , without their petition ) ● regno illo transfretandi : nolentes quod ipsi per ministros nostros , aut alios quoscunque , aliter quam sieri consnevit , indebite pertrectentur : tibi praecipimus , quod per totam ballivam tuam , publice proclamari , & firmiter inhiberi facias , ne quis eis intra terminum predictum , injuriam , molestiam , damnum inferat , seu gravamen . et cum contingat ipsos cum catallis suis , quae eis concessimus , versus partes london , causa transfretationis , suae , dirigere gressus suos , salvum & securum conductum eis habere facias sumptibus eorum . proviso , quod judaei praedicti , ante recessum suum , vadia christianorum quae penes se habent , illis quorum fuerint , si ea acquietare voluerint , restituant , ut tenentur . teste rege apud westminst . 18. die julii , anno 18 e. 1. this statute , de judaismo , was made at the p parl. post festum hilarii , anno 18 e. 1. at which parliament the king had a 15 granted to him , pro expulsione judaeorum [ therfore by his own confession they were banished by the king and parlament against their wils and a fifteenth given for it , as the former historians note ] and this writ was granted in july following [ in pursute therefore of their judgement of banishment , not upon their petition ] the king beginning his reign novemb. 16 ▪ for the parliament knew [ a strange conceit of a judge ] that by banishing of usury [ did they banish it onely , not the jews ? ] the jews would not remain . and thus this noble king by this means banished for ever these infidel usurious jews [ ergo , their persons , as well as usury only ] the number of which jews thus banished , was fifteen thousand and threescore . q vve will here adde a ( parliament ) record de priore de bridlington ; thus . et quod praedictus prior cogno cit , quid praedicta pecunia praed . judaeo debebatur , viz. 300l . nec ei solvebatur ante exilium judaeorum ( therefore by this parliamentary record but 3 years after , they were judicially banished by parliament , not voluntarily of themselves , no banishment in law. ) et quicquid remansit reorum , debitis aut catallis in regno post eorum exilium , [ again repeated ] domino regi fuit . consideratum est , quod dominus rex recuperec pecuniam praedictam : & dictum est eidem priori , quod non exeat villaean equam domino regi de praedicta pecunia satisfaciat : et respondeat johannes archiepiscopus eborum , quia praecepit dicto priori solvere valetto suo praedictam pecuniam in deceptionem regis , contra sacramentum & fidelitatem suam domino regi datam . idem in alio rot. an. 22 e. 1. rot 5. therefore by these 3 records resolutions cited by himself , the jews were all banished by sentence of parliament , in such sort as our historians record , and not in his new sence alone , amounting but to a recesse . by all these concurrent testimonies it is apparent [ against sir edward cooks groundlesse conceit . ] 1. that all the jews were then banished out of england , never to return again , at the special instance , and request of the commons in two several parliaments , as an intollerable grievance and oppression under which they then groaned . 2. that the principle grounds of this their perpetual banishment were , their infidelity , usury , forgeries of charters , clipping and falsifying of monies , by which they prejudiced the king and kingdom , and much oppressed and impoverished the pople . 3. that this their banishment was so acceptable to all the people , who oft-times pressed it in parliament , that they gave the king a fift and fifteenth part of their moveables , to speed and execute it . 4. that this their banishment was by the unanimous desire , iudgement , edict , and decree both of the king and his parliament ; and not by the king alone : and this banishment , total , of them all , and likewise final , never to return into england . which edict and decree not now extant in our parliament rolls ( many of which are lost ) nor printed statutes ; yet it is mentioned by all these authorities . from whence i shall inferre and conclude : that as by the fundamental laws of england , no freeman and natives of england can be justly banished or exiled out of it , but by special judgement of parliament , or by act of parliament ; as is evident by magna charta c. 29. the banishment of sir thomas wayland chief justice of the common pleas 19. e. 1 rot. parl. rot . 12. and these jews then banished . exilium hugonis le dispenser patris & filii . tottles magna charta , f. 50 , 51. the double banishment of peter de gaverston out of england , assensu communi procerum & magnatum , and of the king in parliament . walsingham hist . angliae p. 68 , 71 , 72. the statute of 1 edward the 3. c. 2. 11 richard the 2. c. 2 , 3 , 4. for the banishment of belknap , and other judges into ireland , 21. r. 2. rot. pa● l. n. 16. 17. for the banishment of thomas arundel arch-bishop of canterbury , the statute of 35 eliz. c. 1. of 39 eliz. c. 4. for banishing dangerous sectaries , rogues , out of the realm after conviction , upon indictment only , not before , ( which could not be done by law , before these acts ) cooks 2 institutes f. 47. mr. st. iohns speech against the shipmony judges p. 22 my new discovery of the prelates tyranny , p. 166 , 167 , 168. vvalsingham , hist. angliae , p. 394 : and other testimonies ; as also by 1 e. 3. r. 5. 4 h. 4. c. 13. the statute for the pressing of souldiers for ireland . 17 caroli . exact collect , p. 435. the petition and protestation of the lords and commons in parliament against serving the king in person , or contribution to his wars in flanders and other forain parts , 25 e. 1. walsingham hist. p. 35 , 37 , 38 , &c. nor yet in gascoigne , france , notmandy , scotland , or ireland , cooks 2 instit . p. 528. 4. h. 4. n. 48. 1 h. 5. n. 17. 7 h. 5. n. 9. 18 r. 2. n. 6. so , none once banished the realm by judgement or act of parliament , can , may , or ought , by the fundamental and known common laws of england , to be restored and recalled again , but only by a like judgement , act and restitution in full parliament , as is adjudged , declared , resolved by the cases , and petitions of the two spencers and peirce gaveston , vvalsingham , ypodig . neustriae . p. 152. and hist angl. p. 68. 71 , 72. holinshed , p. 328. speeds history , p. 674. the printed statute of 20 r. 2. c. 6. for the restitution of belknap , and the other exiled judges 28 e. 3. rot. parl. n. 8. to 14. and 29 e. 3. rot parl. n. 29. touching the repeal of the judgement in parl. against roger mortimer earl of march , 17 r. 2. rot. parl. n. 18. for the pardon and restitution of the justices banished into irel. 21 r. 2. n. 55. to 71. for confirmation of the repeal of the exile of hugh de la spencer , father & son , an. 15. e. 2. and the revocation of the repeale thereof in 1 e. 3. [ a notable full record in point . ] 3 h. 7. 10. 4 h , 7. 10. 1. h. 7. 4. 10 h. 7. 22 b. 15. e. 3 fitz pet●t . 2. 9. e. 3. 23 , 24. 9 e. 4. 1 b. with sundry other records , for the repeals of iudgements and acts of former parliaments , by the subsequent judgments and acts of other parliaments , in cooks 4 institutes . c. 1. and ashes tables . parliament . 16. and statutes 68. therefore the jews being so long since by judgement , edict and decree both of the king and parliament for ever banished out of england ( never since repealed or reversed ) neither may , nor can by law be readmitted , reduced into england again , but by common consent and act of parliament : which i conceive they will never be able to obtain . i have now presented you with a true historical and exact chronological relation of the jews first admission into england ; ( not in the time of the emperour constantine the great , as some groundlesly would collect , from his * general epistle to all churches , touching the decrees of the council of nice , and the vnanimous observation of the feast of easter , not after the jewish computation ; wherein there is mention of the churches in britain , ( as well as in rome , africk , spain , france , and other places ) concurring with other churches herein ; but not one syllable of any jews therein , or in britain then ; nor in any other particular places ; but onely these general passages against christians complying with them in their paschal observation . ac primum quidem indigna res fuit sanctissimum eum diem imitatione atque consuetudine iudaeorum celebrare , qui manibus suis nefario flagitio contaminatis , non injuria quoque animis sunt excaecato , homines scelerati . quidni enim liceat , gente ea rejecta , rectiore , verioreque ordine , quem à primo passionis die hucusque servavimus , ad futura quoque saecula observationis hujus ritum transmittere ] ? item nihil nobis commune sit cum infestissima iudaeorum turba , &c. quin & strictior ipsa atque exactior ratio flagitare videtur , nequa nobis cum iudaeorum perjurio communio . from whence no rational man can inferr , that there were any jews at that time observing their jewish passeover in britain , of which i can find no syllable in any domestick or forreign historians or writers whatsoever ; nor yet that they inhabited here , or were here in the briton , saxon , or danish kings reigns ; which if they had , some of our historians , synods , decrees , and laws in those ages would have mentioned it , ( as well as the * gothish , spanish histories , laws , councils , and constitutions , where they resided ) in which there is not one syllable of them , but only in the forecited law foisled in amongst the confessors , to which doubtlesse it was puny : ) but in will the conq. reign : together with , their ill deportments , misdemeanors , suffrings , massacres , servile condition , and manifold popular tumults against them , during all the time of their residence in england , & final banishment out of it , never yet to my knowledg , collected into one intire history ▪ before . the serious consideration whereof , will , in my weake judgement , sufficiently satisfie , convince the whole english nation , that they have just grounds and reasons , in point of piety , of policy , never to re-admit them more into our island ; and likewise resolve the very jewes themselves , that they have little cause or reason at all to desire to re-plant themselves in england , where their ancestors in times past , susteined so many miseries , massacres affronts , oppressions , fleecings upon all occasions , & themselves can expect little better usage for the future . to this principal part of my undertaking , for fuller satisfaction , i shall hereunto subjoyn a taste of such lawes , scriptures , reasons , as seem strongly to plead , yea conclude against their re-admission into england , at least in that latitude and freedom as formerly they there enjoyed . as 1. to erect new synagogues , temples amongst us , or turn any of our churches , chapels into synagogues , for the free publique exercise of their judaisme , jewish worship , customes , religion , h diametrically contrary to the gosple , person , kingdome , priesthood , offices , mediation , redemption of our lord jesus christ , which they thereby professedly deny , renounce , as false and fabulous . 2ly . to set up a jewish corporation or fraternity amongst us in our cities and corporations , distinct and separate from the english , subject to their own immediate peculiar officers and judges as heretofore . 3ly . to purchase houses , habitations , rents , lands , exercise of all sorts of trades , and manufactures amongst us , as free denizens or merchants , upon such terms and qualifications as shall be indulged to them . 1. for our laws and statutes , these following , make directly or obliquely , by way of necessary consequence , against their re-admission . 1. for their jewish synagogues , worship , sacraments , religion ; these ancient , pious laws of our saxon and danish kings ( made in their great parliaments and councils before the jews first coming into england ) strongly oppose their admission now . as namely the i laws of king alfred and guthern , lex . 1. 2. of king ethelred in the council of aenham , c. 1. 3. 27 , 29 , 30. of habam , c. 1. with the laws of king cnute the dane , lex . 1. 27 , 28 : all which enact , that the only true god and our lord be loved , worshipped in all ages by all the people , with all their might : the one christian , holy catholick faith , orthodoxly kept , and the churches of god to be diligently frequented throughout the realm . that all paganisme and false religions be renounced both in words and deeds ; that who ever wickedly resisteth the laws of christ , shall be grievously fined and put to death : and , that all men should diligently seek out by all means ; ut recta christi religio maxime provehatur ; that the right religion of christ might be most of all advanced : obtesting all ecclesiiastical and secular persons again and again ; most earnestly , to keep the sincere faith unanimously in the true god ; and the right christian faith in a right manner : diligently to hear the teachers of gods word ; studiously to follow their doctrine and precepts ; to maintain peace and tranquility in the church of god , and there diligently to pour forth their prayers . all which particulars exclude all jewish synagogues , and judaisme , and are of perpetual force , being grounded on the very law of god. moreover king k cnute his ecclesiastical laws [ made by the advise of his wise men ▪ to be observed throughout all england ] prohibited , that no christian should be sold or sent out of the realm , or banished amongst those who had not as yet embraced the faith in christ , lest per adventure those souls should perish at anytime , which our lord iesus christ had redeemed with his own blood and life . if christians for this cause ought not to be sent , sold or banished amongst jews and infidels , much more then ought not infidel jews , with their jewish synagogues , religion , ceremonies , to be now introduced amongst us christians , to the hazard of many christian souls redeemed by christs blood . 2. all the statutes concerning uniformity of common servicc , & administration of the sacraments , as 1 ed. 6. c. 1 , 2. 2 ed. 6. c ▪ 1. 6 ed. 6. c. 1. 1 eliz. c. 2. 23 eliz. c. 1. 35 eliz. c. 1. 2. [ most of them still in force , being never legally repealed ] do fully and directly oppugne the introduction of any jewish synagogues , service , sacraments , worship , ceremonies , with the use of them in any place within our realm . 3. the statutes of 3 e. 6. c. 10. 13 eliz. c. 2. 23 el. c. 1. 28 eliz. c. 2. 6. 35 eliz. c. 1. 3 iac. c. 4. against popish recusants , seminary priests , iesuites , friers , masse-books , agnus dei's , popish books , superstitions : for preventing the withdrawing of the subjects of this realm , from the publique ordinances , sacraments and religion here established ; and for speedy banishing all seminary priests and jesuites , and keeping them perpetually out of the realm , ( upon this account , amongst others ) though professing christ , christian religion , and agreeing with us in all articles of the creed , and most fundamental points of christianity : must in substance , law , reason , ( in this regard ) much more perpetually exclude , abolish all jews , jewish priests , rabbies , synagogues , worship , ceremonies , superstitions , out of our dominions , being farre more dishonourable to christ , opposite to our christian religion , and destructive to the peoples souls , if once admitted , then any jesuits , seminary priests , friers , popish recusants , or any romish masses , superstitions whatsoever . and if the jewish priests , judaism , and jewish ceremonies , may be now set up and practised publiquely amongst us , notwithstanding all these statutes , then much more masse-priests , masses , popery , and prelacy , by the self same reason , justice , equity . to these i might annex , all the late ordinances for the directory , the solemn league and covenant , and for suppressing , punishing of heresy and blasphemy : therefore of iudaism , which is both heresy and blasphemy , and jewish assemblies , the very synagogues of satan , and iews great blasphemers , by christs own resolution , rev. 2. 9. c. 3. 9. acts 18. 6. rom. 2. 21. with the late printed l instrument of government : which though it allows not only toleration , but protection to all sects and religions professing faith in god through iesus christ , ( though differing from the doctrine and discipline publtkely held forth in the nation , ) except only to popery and prelacy ; yet certainly it can no ways extend to the toleration or protection of jews and their antichristian blasphemies against christ himself and the gospel ; seeing they are so far from professing faith in jesus christ ; that m they utterly renounce , and professedly decry him to be the true saviour and messiah of the world ; rejecting the whole new testament and doctrin of the gospel : and so by consequence , are necessarily secluded by this instrument , and oath for its observation , from practising their jewish worship , ceremonies , or erecting any synagogues in our nation for that purpose . 2ly . though the n kings of england by the law and their prerogative may in sundry cases erect new corporations of their subjects by their charters only , yet notwithstanding , no corporation or fraternity of iews , being meer aliens , may , can , or ought to be erected in england , by the fundamental lawes and constitutions of the realm , but only by full consent of the nation in parliament , by special acts of parliament ; it being one of the greatest intrenchments that can be upon the english nations rights , liberties , customs , priviledges , profit , and a violation of all the ancient charters , priviledges , rights , franchises , confirmed to them by the great charter of england , ( forty times since ratified by new acts of parliament . ) this is evident by the statutes of magna charta , c. 9. 37. 34 , e. 1. c. 4. 1. e. 3. c. 9. 14. e. 3. c. 1. 1. h. 4. c. 1. 2. h. 4. c. 1. 7. h. 4. c. 1. 9. h. 4. c. 1. 13. h. 4. c. 1. 3. h. 5. c. 1. 2. h. 6. c. 1. compared with 2 e. 3. c. 9. 27. e. 3. c. 1. to 29. 28 e. 3. 13. 15 , 36. e. 3. c. 7 , 19 h. 7. c. 12 , and all other acts for the o staple and styliard : and with 3. e. 4. c. 6. 1. r. 3. c. 9. 14 h. 8. c. 2. 21 h. 8. c. 16. 22 h. 8. c. 8. 32 h. 8. c. 16. touching artificers , merchants and aliens . 3ly . the * preambles of the statute of merton , 20 h. 3. 3 e. 1. with c. 17. 48. 6 e. 1. of quo warranto , and of glocester , 13 e. 1. 12 e. 2. of york , 9 , 10 , 14 , 15 , 25 , 28 , 36 , 37. e. 3. 1. 3 , 6 , 7 , 8 , 10 , 11 , 12 , 13 , 14 , 21. r. 2. 1 , 2 , 4 , 6. h. 4. 1 , 8 , 10 , 12. 36. h. 6. 18 e. 3. c. 1 , 2 , 3. r. 2. rot. parl. n. 36 , 40. 6 h. 6. c. 5. and other acts , declare and resolve , that the kings of england by their oath and duty , and the lords and commons in parliament , are all obliged by their trusts and our laws , to advance , uphold , maintain and defend the welfare , wealth , safety of the church , realm , subjects , people of england , and to prevent , redresse , suppresse , remove by wholsom laws and ordinances , all grievances mischiefs , damages , inconveniences , disinherisons contrary thereunto ; it being a fundamental maxime both in our laws and law-books , salus populi suprema lex : which the army officers in their declaration of 16 nov. 1648. and mr. iohn pym in his speech against strafford 12 april 1641. p. 3. &c. printed by the commons special order , much insist on . moreover , it is another maxime in our law , * summa ratio est , quae pro religione facit . now the admission of the jews into england , as appeareth by the statute de judaismo , and premised histories , is no way consistent with the welfare , profit , wealth , safety of the church , realm , subjects , people , or religion of england , and will be an extraordinary damage , mischief , grievance , inconvenience , and disinherison to them all . therefore prohibited , enacted against by the general scope of all these laws and maximes , and no wayes to be admitted . 4ly . the jews heretofore in england , an ● still in all p other parts , being most grievous clippers , coyners , forgers of money , usurers , extortioners , and the greatest chea●ors , cozeners , impostors in the world , in all their merchandizes and manufactures whatsoever : upon this accompt they are and ought to be still excluded , and never re-admitted amongst us , by the provisions of q all our laws , yet in force , prohibiting clipping , coyning , usury , extortion , frauds , deceipts , in any merchandizes or manufactures whatsoever ; unlesse we intend to have them all now more practised by them and others among us , then ever heretofore . the rather , because they were never admitted free trading & habitation in england by r any of our laws touching alten merchants , and artificers free traffick amongst us , from the time of their forementioned banishment , till this present , under the name and notion of jews , foraign merchants , or artificers . and therefore not to be admitted to those desired priviledges , from which all these forecited laws ( in my weak judgement ) with the former old parliamentary judgment , and edict , for their per petual banishment , in law , justice , conscience still debarre them readmittance , till repealed ; and they ( if ever readmitted against all these acts and statutes ) must be introduced , resetled by special acts of parliament , which no english parliament ( in probability ) will ever indulge unto them , as the peoples general present declamations in all places , against their endeavoured introduction , prognostick . and thus much i thoughr meet to inform the nation , touching those laws & statutes which ( in my poor opinion ) directly or by consequence oppose their re-admission , and refute those lawyers misinformation , who confidently averred , there is no law of england at all against it , if mr. nye did truly inform me . 2. for scriptures , these texts may engage us against their re-admission . 1. matth. 5. 13. lu. 14. 34 , 35. salt is good : but if the salt have lost its savor , wherewith shall it be seasoned ? it is neither fit for the land , nor yet for the dunghil , but to be cast out , and to be trodden under foot of men . this is the condition of the jews , who have lost both their saviour & their savor too . therefore not fit for our land or dunghils ; but to be kept and cast out from amongst us , and trodden under foot of all true christian men . 2. 1 cor. 16. 22 , if any man love not the lord iesus christ , let him be anathema maranatha . that is , separated and cast out from all christian society and communion until the day of judgment , the highest kind of jewish excommunication . now the jews are such , who do not only not love , but deny , defie and hate our lord jesus christ in the highest degree . therefore to be excommunicated and secluded from our christian communion and cohahitation amongst us , to which they can pretend no right . 3. 2 cor. 6. 14 , 15 , &c. be ye not unequally yoaked together with unbelievers : for , what fellowship hath righteousness with unrighteousness ? and what communion hath light with darkness ? and what concord hath christ with belial ? and what part hath he that believeth with an infidel ? and what agreement hath the temple of god with idols ? &c , vvherefore come out from among them , and be ye separate saith the lord , and touch no unclean thing , and i will receive you . the unconverted jews , are both unbelievers , infidels , darknesse , belialids , and the very synagogue of satan , as the scripture resolves them , acts 14. 1. mar : 6. 6. rom. 11. 20. 23. 32. heb. 4. 6. 11. ioh. 1. 5. mat : 8. 12. rev. 2. 9. 1 th●ss . 2. 14 , 15 , 16. therefore we christians ought not to be unequally yoaked , or to have any fellowship , communion , agreement , part or mixture with them ; much lesse to receive them into our land and bo●omes , from whence they were formerly spued out , but to keep our selves separated from amongst them , lest god reject us , as he hath done them . 4. 2 john 9. 10. 11. vvhosoever transgressith , and abideth not in the doctrine of christ , hath not god : he that abideth in the doctrine of christ , he hath both the father and the sonne . if there come any unto you , and bring not this doctrine , receive him not into your house , neither bid him , god speed : for he that biddeth him god speed , is partaker of his evil deeds . the jews abide not in the doctrin of christ ; and if they come unto us , they will not bring this doctrine to us , but the quite contrary : therefore we ought not to receive them into our dominions or houses , nor bid or wish them god speed , in returning to dwell amongst us . and if any do the contrary , they are and shall be partakers of their evil deeds . 5 , tit. 1. 10 , 11 , 13 , 14 , for there are many unruly and vain talkers and deceivers , especially they of the circumcision ; whose mouthes must be stopped , who subvert whole houses , teaching things which they ought not , for filthy lucres sake . vvherfore rebuke them sharply , that they may be sound in the faith : not giving heed to jewish fables , and commandements of men that turne from the truth . if the circumcised jews were such unruly deceivers , seducers , and subverters of whole houses , even in the apostles own dayes , and their jewish fables then did turn so many from the truth . with what colour of christianity , piety , conscience , can we call them in amongst us now , in these times of fearfull , and almost universal apostacy from the truth , when lesse dangerous seducers have subverted whole houses , parishes , and almost cities and counties too ? 6. 1 thess . 2. 14 , 15 , 16. for ye also have suffered like things of your countrymen , even as they have of the jews : who both killed the lord jesus , and their own prophets , and have persecuted ( or chased out ) us , and they please not god , and are contrary to all men : * forbidding us to speak to the gentiles , that they might be saved , to fill up their sins alway ▪ for the wrath is come upon them to the uttermost . this gospel character of the jews , expressing their transcendent malice to the lord jems , their own prophets , the very apostles themselves , the gentiles , with their contrariety to god and all other men and gods wrath upon them for it to the uttermost : administer plenty of invincible arguments , against our receiving them in again amongst us , lest they bring along with them the extremity of gods wrath upon the whole english nation , who have enough thereof already . 7. acts 18. 5 , 6 , 7. paul was pressed in spirit , and testified to the jews , that jesus was christ . and when they opposed themselves and blasphemed , he shooke his rayment , and said unto them , your bloud be upon your own heads : i am clean , from henceforth , i will go unto the gentiles . and he departed thence and entred into a certain mans house named justus , who worshipped god ; &c. compared with acts 13. 44. to 52. the next sabbath-day came almost the whole city together to hear the word of god : but when the iews saw the multitude , they were filled with envy , and spoke against those things that were spoken by paul , contradicting and blaspheming : then paul and barnabas waxed bold , and said , it was necessary the word of god should first have been spoken unto you ; but because ye put it from you , and judge your selves unworthy of everlasting life ; lo we turn to the gentiles : for so hath the lord commanded us , &c. and the word of the lord was published throughout all the region . but the jews stirred up the devout and honourable women ; and the chiefmen of the city , and raised persecution against paul and barnabas , and expelled them out of their coasts ; but they shock off the dust of their feet against them , and came unto iconium . this malitious carriage and persecution of the jews , even against the * apostles themselves and their doctrine , and the gentiles salvation , and casting them maliciously out of their coasts ; with their separation from them , and turning themselves wholly to the gentiles upon this account , by gods own command ; demonstrates , what all gods faithfull ministers , and we christian gentiles must expect from them now : and that being formerly cast out of our coasts by our ancestors for their infidelity , crucifying of christ in his members , and such like misdemeanors , and so being separated in cohabitation and communion from us , we neither may nor ought now to resume them into our land , bosoms , or communion again upon any pretence . 8. when god was bringing the jews into the promised land which he gave them to inherit , he gave them these special commands . thou shalt drive the inhabitants of the land out before thee s thou shalt make no covenant with them , nor with their gods , they shall not dvvell in thy land , l●st they make thee sin against me , and it be a snare in the midst of thee . thou shalt make no covenant with them , nor shew mercy to them , nether shalt thou make marriages with them . thy daughter thou shalt not give unto his son , nor his daughter shalt thou take unto thy son ; for they will turn away thy sons from following me , that they may serve other gods , so will the anger of the lord be kindled against thee , and destroy thee suddenly : if ye do in any vvise go back , and cleave unto the remnant of these nations , and go in unto them , and they to you , know for a certain , that the lord will no more drive out any of these nations before you ; but they shall be snares and traps unto you , and scourges in your sides , and thorns in your eyes , until you perish from the good land which the lord your god giveth you : but thus ye shall deal with them , ye shall destroy their altars , and break down their images , and cut down their groves , &c. for thou art an holy people unto the lord thy god. now , the not driving of these nations by the israelites from amongst them , according to these commands of god , is charged as a special sin upon them by god , enticed them to idolatry , and brought his severe wrath upon them , judges 1. 27. to 36. c. 2. 2 , 3 , 12 , 13 , 19 , 20 , 21 , 22 , 23. and is thus expressed by the psalmist psal . 106. 34 to 43. they did not destroy the nations , concerning whom the lord commanded them ; but were mingled among the heathen , and learned their works ; & they served their idols , which were a snare unto them , yea they sacrificed their sons & daughters unto devils , & shed innocent blood ▪ even the blood of their sons and daughters , whom they sacrificed unto the idols of canaan , and their land was defiled with blood . therefore was the wrath of the lord kindled against his people , insomuch that he a●horried his own inheritance , and he gave them into the hands of the heathen ; and they that hated them were lords over them : their enemies also oppressed them , they were brought into sub jection under their hands . the morality , ground and equity of which precepts , as they justifie our ancestors expulsion of the jews out of england , with their adulterous worship , ceromonies & synagogues heretofore ; so i conceive they strongly oblige all english christians ( especially after our late solemn forgotten league and covenant ) to seclude and keep them out from re-entring , coming in , mingling , and dwelling , amongst us now , for fear they draw the self-same sad effects , and bring down the same , or like heavy judgements of god upon us , as these scriptures threatned , and god himself inflicted on the israelites for transgressing them . in brief , the parables of the vineyard and husbandmen , the king going into foraign parts , and marriage supper , mat. 21. 33. to 46. c. 22. 2. to 11. c. 23. 21. to the end . mar. 12. 1. &c. luk. 19. 12. to 28. c. 20 9. &c. particularly applied to the jews , and notably setting out their desperate malice against our saviours person , kingdom , government , ordinances , ministers , gospel , and his rejection of them for it . together with rom. 16 , 17 , 18 ▪ 1. 32. 1 cor. 5 , 4. &c. phil. 3. 2 , 3. mat. 7. 15 c. 16. 7. 11. 12. 17. col. 2. 8. 2. pet. 3. 17. c. 2. 1. &c. 7 , 8 , 20 , 21 , 22. 2 tim. 3. 1. to 10 c. 2. 16 , 17. titus 3. 10 , 11. revelations 2. 9. 14. hebrewes 6. 4. to 9. c. 16. 26. to 32. phil. 4. 2 , 3. will all furnish us with sundry arguments against their re-admission amongstus , as likewise prov. 6. 27. 28. psal . 101. 3 , 4 , 5 , 6 , 7 , 8. psal . 119. 104. ps . 139. 21. 22. num. 8. 13. num. 16. 26. ps . 6. 8. ps . 119. 115. ps . 139. 19. which every good christian may peruse at leasure , and apply as he sees cause . 3. for reasons against their re-admission into england they are divers , theological , political , and mixt of both . 1. god himself by his prophets , son , apostles , before their rejection , while they were his special , peculiar chosen people , treasure , above all other nations of the world , most frequently complains of them , and the generality of the nation , t that they were a most rebellious , disobedient , gainsaying , stiffnecked , imp●nitent , incorrigible , adulterous , whorish , impudent , froward , shamelesse , perverse , treacherous , revolting , back sliding , idolatrous , wicked , sinfull , stubborn , untoward , hard-hearted , hypocritical , foolish , sottish , brutish , stupid , ungratefull , covenant-breaking nation , house , people ; a seed of evil-doers , a generation of vipers , doing evil greedily with both hands , according to all the nations that were round about them : as bad , nay worse than sodom or gomorrha , casting all gods laws , ordinances behind their backs , trampling them under their feet , rejecting , forsaking , despising god himself , provoking him continually to his face , grieving him to the heart , forgetting him days without number , always ●rring in their hearts , and disobeying his voice , and the lik : and dare , can wethen harbour such a nation as this , and bring them in amongst us , now they are worse in all these respects than ever ? 2. god himself hath denounced against , and inslicted upon the jews grea●●● , severer w●●s , judgements , calamities , dispersons , d●v●s●ations , captivities , desolations , curses , p ▪ ●gues of all kinds , for their sins , rebellions , imponnencies , and to their nation , kingdom , countrie ● cities , than to any 〈…〉 nations , kingdomes , people ; and that more frequently th●n against any other ▪ s 〈…〉 against them in his wrath , that they should never 〈◊〉 into his r●st , psal . 95. 11. hebr. 3. 10 , 11 , 18. stiling them , the generation of his wrath , jer. 7. 29. and averring of them , that wrath is come upon them to the uttermost , 1 thess . 2. 15. 16. and can or shall we then receive such a nation as this into our bosoms now , without entertaining , and pulling upon us , that wrath and curses of god which are denounced against , and do now pursue and accompany them in all places ? 3. the jews were alwayes heretofore x a very murmuring , mutinous , discontented , rebellious , seditious people for the most part , not only against god , but their lawfull governors , kings , priests , prophets , ●oft tumultuously rebelling against , disobeying , revolting from , deposing , murdering their kings , and soveraigns ; and contemning , disobeying , slaying , killing the prophets , messengers whom god sent unto them . whence god him●elfe gi●es us this black character of them , 2 chron. 36. 15 , 16. and the lord god of their fathers sent unto them by his messengers , rising up betimes , and sending , &c. but they mocked the messengers of god , and despised his words , and misused his prophets , untill the wrath of the lord rose against his people , till there was no remedy , &c. and our saviour christ a worse : lu. 13. 33 , 34. it is impossible ( or cannot be ) that a prophet perish out of jerusalem : mat. 23. 27. o jerusalem , jerusalem , thou that killest the prophets , and stonest those that are sent unto thee ! which st. stephen thus seconds , acts 7. 51. 52. ye stiff-necked and uncircumcised in heart and ears ▪ ye do alwayes resist the holy ghost ; as your fathers did , so do ye . vvhich of the prophets have not your fathers persecuted ? and they have slain them which have shewed them before of the comming of the just one : of whom ye have been now the betrayers and murderers : which st. paul also confirms in the forecited observable text , of the 1 thess . 2. 14 , 15 , 16. and can we then in point of piety or policy ; even in these distracted , rebellious , mutinous times , enterrain , or bring in such a nation , people as this amongst us ? or can our despised ministry in this age , have any hopes of reclaiming or converting such a people , who have thus abused , murdered , stoned their own prophets in former times , though immediatly sent unto them by god himself ? 4. y they were the greatest haters , revilers , persecuters , blasphemers , betrayers , and the only murderers , crucifiers of our z lord iesus christ himself , and his a apostles , whiles on earth , as the evangelists , acts , and other scriptures testifie . and although christ and his apostles miraculously converted some thousands of them by their preaching and miracles , to the faith of christ , acts 2. 41. c. 21. 20. yet the generality and body of the nation continued still blinde , obstinate , under the very most powerfull ministry of the prophets , apostles , and christ himself , being then , and ever since that time , judicially and penally given up to a blind , obdurate , obstinate , impenitent , stupid heart and spirit , a reprobate sense , a cauterized conscience ; and divorced , rejected , reprobated , broken off , cast of by god himself , proclaiming them to be no more his people , to be reprobate silver , because be hath rejected them ; to make way for the calling , conversion , salvation of the gentiles , whom be hath ingrafted , called , and taken into special covenant in their stead , as is evident by acts 13. 45 , 46 , 47. c. 19. 9. c. 28. 25 , 26 , 27 , 28. isa . 8. 14. to 17. c. 10. 22 , 23. c. 29. 8. to 15. c. 65. 2 , 3 9. c. 53. 1. jer. 6. 10. c. 7. 29. c. 14. 19 lam. 5. 22. ho● . 1. 9. 10. c. 4. 6. mat. 13. 13 , 14 , 15. c. 21. 24. to 46. v. 22. 2. to 11. mar. 4. 12. luk. 2. 34. c. 8. 10 , &c. john 9. 39. 41. c. 12. 37. to 44. rom. 9. 24. to 33. c. 10. 16. 19. 20 , 21. c. 11. 5. 7. &c. 1 thess . 2. 14 , 15 , 16. heb. 10. 26. to 31. compared together . which texts conjoyned with lu. 18. 8. joh. 1. 11. 1 tim. 4 1. 2 , 3. 2 tim. 1. 3. to 10. c. 4. 3 , 4. 2 pet. 2. 1. 2. &c. c. 3. 3 1. john 2. 18. jude 18. in my judgement unanswerably refute , that commonly received opinion , of the calling and conversion of the whole nation and body of the iews in these latter dayes to the faith of christ , which some have over-confidently asserted , and now insist on , as the chiefest argument for calling in the jews amongst us at this season ; as if they were able more effectually to perswade , convert them , then either their own prophets , or christ himself and his apostles , and remove that veil of obstistinate blindnesse , and obduration which god hath laid upon thoir hearts and eyes , to this very end , that they might neither see , hear , nor understand , nor be converted , that he might heal them . acts. 28. 25 , 26 , 27 , 28. 5. god himself , ( especially for their rejection of jesus christ , and refusing him to be their king to rule and reign over them ) hath utterly extirpated and ejected the jews out of their own promised land , which himself bestowed on them for their peculiar b inheritance , and habitation , and setled them in actual possession thereof by an out-stretched hand , and power : yea , scattered , dispersed them into other nations like chaff before the wind , without any fixed habitation , according to the ancient comminations and curses long since denounced against and now fully executed upon them . deutr. 28. 63 , 64 , 65 , &c. levit. 26. 33. 36 , 37 , 38 , 39. deutr. 4. 27. c. 32. 26. 1 kings 14 , 15. neh. 1. 8. ps . 106. 27. jer. 9. 16. & 17. 24. c. 18. 17 , c. 49. 32 36. ezech. 5. 2. to 13. c. 12 , 14. 15 , c. 20 , 23. c. 22. 15. daniel 12. 7. zach 1. 21. ezech. 11. 16 , 17. c. 6. 8. c. 17. 21. which scattering , is principally intended only amongst heathen nations , where they should be totally deprived of all gods ordinances , and means of salvation , where they shall serve other gods , which neither they nor their fathers have known , even wood and stone ; as these texts expresly resolve and import . therfore , to receive them into , and settle them in our christian kingdom and island , whereunto they have no title , nor colour of inheritance , which god hath c appointed to the english alone for their portion , ( and therefore these aliens may not invade or intrude themselves into it , without the whole nations general consent ) is in some sense to crosse these sacred texts , and neither convenient for us to grant , nor for them to request ; being already over-stored with native englishmen . 6. since the jews crucifixion of our saviour jesus christ himself , and their extirpation and dissipation for it , they have oft-times in sundry places , ages , in high contempt and despite of his person , and passion , maliciously acted it over and over again in representation ; not only by d piercing his images with swords and spears , and in e stabbing , piercing , boyling , burning , braying in a mortar , and otherwise despiting the consecrated sacramental bread , representing his crucified body , as the historians in the margin at large relate ; and likewise by crucifying a ram at easter , as they did at f syracusa , in the year 1113 ▪ but likewise by crucifying sundry christian children on good friday ; o● near easter , on a crosse , in a most barbarous manner , in derision of our saviors death and passion . to pretermit those 7. or 8. forecited instances in england alone , i shall instance in some forreign ones recorded by historians . about the year of our lord , 430. the jews in their publike g enterludes and dances , held on their sabboth , openly crucisied a christian child in contempt and derision of christs death and passion , at inmestar in syria ; first nailing him to a tree , and lifting him up on high ; then deriding and laughing at him , after that like mad men , scourging him as long as any breath remained in his body : whereupon there arose great contention between them and the christians ; and by the emperors command , the jews who had done this in jest , were punished in earnest , anno 1172. h they crucified in like manner another christian child at bloyes in france . and near the same time , the jews at i bray in france , crowned a christian man ( whom they accused for a malefactor ) with thornes , then led him publickly about the town , scourged him with many stripes , and at last crucified him in contempt of christ . not long after the k jews at paris in france , in like manner crucified a christian child called richard ; & sundry others yearly . anno 1236. l the jews at the monastery of fulda , killed many christian children in a mill , piercing them with ponyards , and squeezing out their blood , to mix and knead it with their vnleavened bread in their passeover , as was generally reported , which being discovered many of them were burnt to death for it , & the rest grievously persecuted . at m prague in bohemia , the jews on good-friday in the year 1283. shutting their gates , crucified a christian man , having first of all done unto him , in contempt , what ever they had learned was done to christ by their ancestors , which when the people had discovered , running to their arms , they raged cruelly against , and slew many of these impious murtherers the jews n anno 1286 stole away , cruelly tormented , pricked with ponyards , drew the blood , & impiously crucified a christian child called vvernerus , not far from the rhene in germany , barbarously murthering him after sundry torments . o anno 1287. they tormented and crucified another christian child at bern called rodolphus , for which they were massacred and cruelly handled by the furious vulgar . the jews at p trent on good-friday , in the year 1475. tortured , whipped , pierced & crucified to dearh a christian child about 13 years old called simeon , in contempt of christs passion , and christians , kneding their paschal unleavened bread with his blood , which history is as large related by the marginal historians , and to instance in no more particulars , vincentius beluacensis q speculum hist. l. 29. c. 25. gaguinus l. 6. de francis. centur. magd. 12. and 13. c. 14 record , that the jews in paris did every year steal some christian child or other brought up in the kings court , & carrying him to a secret house or vault , did on good-friday , or easter-day , in contempt and derision of christ and christian religion , crucify him on a crosse ( as christ was crucified ) and that they had been frequently appprehended per severing in this wickednesse ; for which , upon detection , they were usually murthered , stoned , burned , destroyed , hanged by the furious multitudes violence , or executed ; imprisoned , banished by christian kings and magistrates , yet such was their mal●ce to christ , that they would st●ll persevere there●n , and act it over again upon every opportunity . how can or dare we then receive into our christian island , such barbarous , bloody obstinate murderers and inveterate , incorrigible malicious enemies to , and deriders , despisers of our blessed saviours death and passion , formerly cast out by our ancestors ( amongst other things ) for their bloody impieties and unchristian blasphemies of this nature , unlesse we first renounce both our christianity and humanity at once , and become as bad as the very worst of jews ? 7. the jews ever since their dispersion , in all ages , places to their power , have been more bitter enemies to the christians than the worst of pagans , bending all their studies , forces , wits , endeavours to hinder , oppugne , blaspheme , extirstate the christian religion , and all professors of it out of the world ; stirred up many bloody persecutions against them , upon all advantages , confederating both with julian the apostate , the pagan , persians , the tartars , sarazens , turks , to murder and delete them , having a great hand in raising the 4th ▪ persecution , and murdering , stoning to death , burning , destroying even those of their own nation , yea poysoning their own vvives , children , for imbracing christianity , moreover they have raised up many seditions , rebellions against christian princes , poysoned , destroyed some of them and their nobles , yea raised , occasioned many great popular tumults , commotions , seditions against them in all ages , places , as well as formerly here in england , as you may read at large in socrates scholasticus , eccl. hist . l. 7. c. 13. zonaras tom. 3 paulus diaconus , l. 16 , 17 , 18. nicepkorus eccles . hist . l. 14 , c. 14. l. 17. c. 6 , ambrose epist . l. 5. epist. 29. jerom. in cap. 4 ad galatas , & in abdiam . sozomen hist . l. 1. c. 8. mat. paris historia angl. p. 564 aventinus . annal. boyorum , l. 5. and 7. abbas uspergensis parale . p. p. 346. centur. magd. 4. c. 14. 15. &c. 3 col . 85 , 86. cent. 4 , 5 , 6 , 7 , 8 , 11 , 12 , 13. ● . 3. 14 , 15. mr. fox acts and menuments , vol. 1. p. 56. with sundry others record . upon this ground , certain christians on the contrary , out of an over-furious zeal , have endeavoured to extirpate them all from under heaven , unlesse they would turn christians . anno. 1101 o emicho a german earl , and the inhabitants near the rhene , pillaged , plundered , banished , slew , and destroyed all the jews in those parts , who refused to turn christians , slaying no lesse than twelve thousand of them , many of the jews killing each other with their own hands , to avoid their fury ; but the rest receiving baptisme , and turning christians only to save their lives , relapsed to their judaisme again when the storm was over . in the year 1146. one p rudolphus a monk , out of a misguided fur●ous zeal , stirred up many thousands of people in france and germany , near the rhene , to take up the crosse for the holy wars ; exhorting them in his preaching , that they should in the first place kill and destroy all the jews remaining every where in the cities and towns , as being the greatestenemies of christ. the seeds of which doctrin took such deep root in many cities of france and germany . that in a tumultuous sedition & uproar , they slew most of the jews in those parts , but such who fled into fenced cities & castles , under the protection of the emperour fred. the 1. which bloody doctrine & proceeding was reprehended by st. bernards letters to these people , informing them , that the jews for their excessive wickednesses were not to be slaughtered but dispersed . in the year of christ● 298. r one rindflash an husbandman in germany , openly preached to the people ; that he was sent from heaven , & specially chosen by god to root out the jews in all places : and proclaimed , whoever will have the christian commonwealth to be safe , let him follow me ; whereupon the people flocking to him in great multitudes , & chusing him for their captain , sought out the jews in wirtzburgh , nurinburgh , rorenburgh , bamberge , orenberge , and all other towns and villages in franconia and bavaria , and slew many of them , the greatest part of them in these places , both men & women obstinately setting their own houses on sire , & burning both themselves ▪ wives , children , with their houses , housholdstuff and goods together , that they might not fall into the christians hands . in the year r 1349. there being a great plague and mortality in germany , the iews were generally accused for the chief authors or increasers thereof , by poysoning all the vvells and fountains , to destroy all the christians , and corrupting likewise some baptized jews , & other christians with money , and charmes so far ▪ that they could willingly have destroyed and slain all their fellow christians , which some of them confessed upon their examinations . hereupon the common people in great rage and fury , against their magistrates & bishops wills , & commands ( who neither could nor durst withstand their violence ) fell upon all the jews in bern , friburgh , argentine , wormes , oppenheim , francfort , mentz , spires , and other places , slew , and brained many of them , burned other of them , hanged up many others upon gibbets , pillaging , burning , breaking , and pulling down their houses , the jews themselves in many of these places burning both themselves , wives , children , goods , to avoid the enraged peoples fury ; very few of them escaping , who were baptized to preserve their lives : the inhabitants of spire , fearing the air would be infected with the stink of the slaughtered jews dead corps lying in the streets , although most of them were burnt , put them into empty caskes , and threw them into the rhene . all such who protected any of the jews for mony ( as some did ) were so murmured against , and hated by the people , that they were in great danger of their lives , wh●ch some of them lost , as albertus argentinensis records at large which sad calamity came upon them by gods just judgement , many of them being found guilty of all sorts of wickednesses , poysonings , the murder of many children , forging of letters , counterfeiting and corrupting of moneys , thefts , deceipts , and other villanies , whereby they offended the divine majesty . to these i might adde many other such tumults , uproars , occasioned by , and massacres , burnings and destructions of them for their villanies , recorded in hermannus schedel . chron. f. 243 , 248. 258. 271 , 272. and genebrardi chronog . p. 461 , 627 , 660 , 618 , 688 , 824. 830. with those forementioned in england . and can we then in point of christian piety or prudence , now bring in such a generation of men as these amongst us , especially in these unsetled , unquiet , discontented times , to kindle new flames of discontent and tumults amongst the people ? 8. the r conversation of the jews is so dangerous to christians , that the 4 council of toledo : can . 59 , 61 , 62. made this decree , the conversations and companies of evil men do oftentimes corrupt even the good , how much more then those who are prone to vices . let therefore the jews who are converted to the christian faith have no further communion henceforth with those , who still continue in their old jewish rites , lest peradventure they should be subverted by their society : therefore we decree , that the sons and daughters of those jewes which are baptized , that they be not again involved in the errors of their parents , shall be separated from their company , and placed with christian men & women fearing god , where they may be well instructed , and grow in faith and christian manners ; and that the jewes believing wives shall be divorced and separated from their husbands , unlesse upon admonition they turne christians . the like was ſ enacted by the wisigothes , laws : lib. 12. tit. 2. 3. yea , t pope alex. the 3. decretal . l. 6. c. 7. prohibited all christians , under pain of excommunication , to cohabit with the jews , or keep company with them , because their manners and christians accord in nothing , and they by reason of their continual conversation , and daily familiarity , might easily incline the minds of simple people to their superstition and infidelity . and should not those then , who pretend themselves far greatet zealots then the goths , spaniards , or pope , upon these very grounds , much more oppose , prohibit their readmission into england , in this giddy apostatizing age , lest their company and society should easily seduce the unstable people to their judaism and infidelity , to christs dishonour , their own damnetion , and the infamy of our church and government . the rather , because if extraordinary care be not taken herein , under pretext of jews , we shall have many hundreds of jesuites , popish priests and friers come over freely into england from portugal , spaine , rome , italy , and other places , under the title , habit , and disguise of jews , of purpose to undermine our religion , church and state , and sow the seeds of heresie , blasphemy , popery , superstition , schisms , and divisions amongst us ; they having formerly sent over some of late years amongst us , under the notion and vizard of converted jews , as ramsey the scot , and eleazer , and joseph ben-isaiah , all jesuitical , wicked cheating impostors : the two last whereof , have cheated the honest people of the nation of many thousand pounds , being notorious villains , one of them formerly a trooper and plunderer in prince ruperts army , as he confessed to his hostesse at dursly in glocestershire in his drink , where he would have ravished the maid-servant of the house , locking the door upon her , whiles she was warming his bed in the night , and upon her crying out for help , fled away presently in the night , to avoid apprehension ; and yet wanders about cheating the people in other places , instead of being brought to tyburne for his villanies . and if they abuse and cheat us thus already , much more will they doe it upon , and after the jewes admission . 9. to pretermit their banishment out of rome by the emperor claudius , recorded acts 18. 2. and that as t ecclesiastical historians report , for their cheating , and tumults there raised . i shall only in brief relate , how they have from time to time been banished , expelled many christian cities , countries , kingdoms , and their synagogues burnt and destroyed , especially for their infidelity , and other forementioned misdemeanors , crimes , villanies . u about the year of chri●● 430. at the instigation of st. cyril bishop of alexandri● , and the christians there , they were expelled and banished that famous city , where they had long inhabited , for their insolencies , & seditious conspiracies against the christians . about the year of christ , 615. they were banished out of jerusulem it self , by heraclius the emperour , as zonaras , tom. 3. in his life : paulus diaconus , rerum rom. l. 18. & cent. magd. 7. c. 14. storie . about anno 616. x king sisebutus banished them all out of spaine , unlesse they would turn christians , which the most of them refusing to doe , departed thereupon into france , as the marginal authors unanimously attest . about the year 618. they were all banished out of france by king dagobert , unlesse they would renounce their judaism , and turn christians , upon the command and instigation of her a●lius the emperour ; as regino , chron. l. 1. & cent. magdeb. 7. c. 14. relate . king wamba about the year 710. banished them out of the province of narbon ; as rodericus toletanus de rebus hisp. l. 3. c. 11. informs us . the y emperor phocas , about the year 60● . banished them out of the city of antioch , for the tumults they had there raised against the christians and government . about the year 1196. they z were banished out of the city of mentz , and near the same time out of the city of triers , and the bishoprick thereof , by bishop everhard . a philip augustus king of france , banished them all out of france by several edicts , anno 1152 , 1162. & 1182. for these reasons : because they had divers times crucified children of christians in paris , and elswhere , in contempt of christ and his passion ; entertained christian men servants and maid servants in their houses , who did likewise play the jews with them , contrary to the decrees of god and the church ; above measure oppressed ▪ impoverished by their usuries , the citizens , knights , gentry , and country people both in the cities , suburbs , and villages of france , and detained some of them prisoners in their houses , like captives , binding them by an oath , not to depart out of them ; most vilely profaned the sacred vessels pawned to them by church-men in cases of necessity , causing their little children ordinarily to drink wine and eat sops out of them ( in contempt of the sacrament ) and casting the silver vessels , crosses , and guilded books of the gospel pawned to them , into jakes in a sack , that the christians might not find them ; and because the saracens upbraided the christians for entertaining them amongst them , being the professed enemies of christ . upon these grounds , as also because their wealth and number were so increased , that they had almost gotten half the city of paris into their hands , king philip caused them to be all apprehended through france in one day , as they were in their synagogues : then spoiled them of all their rich gold and silver garments , confiscated all their lands , houses , possessions ; and banished them the realm , notwithstanding the intercessions of many bishops and nobles ( bribed with their gold and gifts ) on their behalf , and the proffers , of great summes of money to him by the jews , wherewith he would not be mollified . after which , he caused their synagogues to be prophaned , and then consecrated and converted to churches ; that so where christ was first blasphemed after the manner of the jews , he might in the same places be praised both by the clergy and people , as vincentius records at large . after this , creeping into that realm again by money and bribes , they were b again banished out of france , and their goods confiscated by king philip the fair , in the year 1293. as some , or 1307. as others compute it , and driven into germany . in the year 1349. at the earnest importunity of the people they were all banished out of c alsatia , and the imperial cities , by the agreement of the bishops and nobles , and most of them burnt and destroyed , as they had been formerly in those parts by earl d emicho , an. 1102. who then banished them thence . ludovicus duke of bavaria , about the year 1450 , banished all the iews out of his territories , as aeneas picolom●neus in his europ● staius sub frederico , l. 3. c. 32. p. 79. assures us . e in the years 1474. 1482. and 1492. they were all banished out of spain by king ferdinand , surnamed the catholique , from whence they were transported and received into portugal , they paying to k. iohn 2. 8. duckets for every poll of them at first , for their admission ; which much augmented his eschequer , though it diminished his piety and honour . not long after , anno 1497. they were driven and banished out of portugal by king emanuel : and in the year 1539. they were banished out of naples and sicily by charles the 5th . to which i might adde the destruction , burning and utter extirpation of the jews by the rubeaquenses anno 1309. and 1338. munst . cosm . l. 3. p. 547. out of worms and spires , an. 1092. munsteri cosm . l. 3. p. 580. out of prague , by vvratislaus for hating and slaying the christians , geor. bartholdus pontanus , bohemiae piae . l. 2. p. 20. out of berne , an. 1287. munsteri cosm . l. 3. p. 582. having therefore been thus frequently banished by christian kings , princes , from time to time , at the earnest sollicitation of their godly christian ministers , bishops , people ; and by our king and parliament too out of * england , so long since , never to return again , what shadow , colour of piety , policy , prudence , justice , law , reason , there can be for any person or persons whatsoever to re-admit them ( except the argument of dishonest , private , filthy under-hand bribes or lucre , by which they usually scrue themselves into those places , whence they have been exiled ) transcends my shallow capacity to comprehend , especially at this season , when we are so over-stored with english , that some think of sending and planting colonies in another world ; whither these gold-thirsty jews may do well to transplant themselves , if they be weary of their former habitations . 9. the forecited christian authors , historians old and new , much applaud and magnifie those christian emperors , kings , magistrates , states , who have most opposed , restrained , suppressed by f severest laws , edicts , the jewish synagogues , ceremonies , superstitions , rites , abuses ; and banished these antichristian blasphemers , and enemies of christ jesus out of their kingdoms and territories , especially for their infidelity , and censured those who favoured them . and matthaeus flacius illericus , johannis wigandus , andreas corvinus , thomas holthuter , 4 famous , learned protestant historians and divines , in their laborious , learned ecclesiastical centuries , as they every where do the like : so in their 12. cent. cap. 7. col . 1078 , 1079. they passe this sharp censure against the decrees of g pope alexander the 3. and clement the 3. ( prohibiting the jews to build any new synagogues where were none before , yet tolerating thē only to repair old ones where they were fallen down or defaced , to use their rites in . but withall forbidding all christians under pain of excommunication , communion with them , for fear of being seduced to their superstitions , &c. ) denique ut extremam romanorum paparum impudentiam et stupendam impietatem videas , non pigebit eorum decreta , pro blasphema in deum gente jud aeorum lata , adscribere . and peter herlin in his microcosme , p. 569 , 570. writing , that the iews having been put to divers fines and ransoms , they are at last even quite thrust out of europe also . they were banished out of england by edward the 1. anno 1290. out of france , spain , portugal , naples , and sicily ( by the kings forecited ) subjoyns by way of censure . yet are they found in great numbers in the romish part of germany and poland , in most cities of italy , especially rome , where there are not lesse than 15000. or 20000. of them ; and also in the popes country of avignion . the reason why they are permitted to live thus under our holy fathers nose , is forsooth , an expectation of their conversion : which is a mere pretence , the reason being indeed , the benefit hence arising to his holinesse coffers . but the hopes of their conversion is small , and the means less , &c. and therfore we cannot now readmit them in to england upon the self-same papal pretence and ground of gain ; without incurring the like censures from protestants and papists too ; and bringing intollerable scandal , diss●onor , reproach , on our nation and religion , in these times of pretended highest reformation ; they being the professed enemies of our lord jesus christ , who will not not have him to rule over them , luk. 19 , 27. and so odious to the b very turks them selves for cru●fying christ , that they oft use to say in detestation of a thing , i would i might die a jew . neither will they permit a jew to turn turk , unless he be first baptized . 11 many of the wisest heathen law-givers , polititians , states , have especially prohibited the introduction and habitation of foraigners amongst them . hence i lycurgus the famous legislator , and the spartans by his law and advice expelled all foraigners out of their city and country , lest by insinuating themselves amongst them , they should teach their citizens some ill , introduce foraign manners , and an ill disordered kind of life ; upon which ground they all prohibited their citizens to travell into foraign countries . upon these grounds the thebans and also apotloniatae ( in imitation of the spartans , banished all foraigners out of their city , as aelian variae historiae l. 13. c. 16. & alexander ab alexandro l. 4. c. 10. record . plato the philosopher dialogo 12. de legumlatione , though he permits forainers by way of study , trade , travel , and embassie to come into his city and republike , under certain laws , r●ules , yet he totally secludes them from inhabiting therein , or to trade , without strict laws to prevent their danger . solet enim civitatum in commerc●is permixtio , varios mores civitatibus ammiscere , dum externi externiis vicissim novationes inducum : quae res civitatibus per rectas leges benè institutis maximum detrimentum affert : * arist. observes , thatthe bringing in of forainers is a principal cause of seditions , quarels ; qui inquilinas aut advenas 〈…〉 nt in vitatem , hi ferè omnes aut certè plurimi seditionibus conflictantur . k dr. jo. case gives the reason of it . nam ut nihil citius corpus humanum inficit quàm pestilentium vaporum malis humoribus copulatio ; ita nihil velocius corrumpit civitatem , quam peregrinorum hominum admissio , in qua contagio & venenum latet . and hereupon he raiseth this question from aristotles text ; utrum periculosa sit in rempublicam peregrinorum admissio ? and thus resolves it . it is perillous to take snakes into the bosom , and forraigners into the commonwealth ; for as they being refreshed with heat doe bite and sting ; so these being enfranchised destroy the republike . to prove this by arguments , we may consider that every nation hath its proper manners and ceremonies which they bring along with them , & do not change with the climat when they come into another country ; vvherefore there is great danger , lest by receiving strangers the ancient manners & laws should be changed into new and forain . now what sooner begets sedition then alteration of laws and customs ? ( as we may see even in sundry scripture examples , which he remembers not , and of the jews especially acts 14. 2. to 7. 16. c. 16. 19. to 25. c. 18. 5 , 6 , 7 , 17 , 18 , 19. c. 17 , 12. to 18 c. 19. 24. to 41. c. 21 , 27 , to 40. c. 22. 22. &c. c. 23. & 24. & 25. ) vvhat therefore is more perillous than the admission of foraigners into our commonwealth ? moreover , wherefore hath nature instructed like to associate together with like , if it should draw men of strange and different manners into a republike . nature will not that sheep should be associated with wolves , neither wills prudence that natives should be coupled with forraigners ; for philosophy perswades this , that contraries cannot dwell in the same place ; but strangers for the most part are enemies to the citizens with whom they converse . adde to this , that as locusts are to the corn , so are foraigners to the republike ; for as they do wast and consume the grain of corn , so these devour the fruit of the commonwealth ; for although they are branches of the same plant , yet they suck not wholesom juyce but poyson from the root , wherewith at length the whole plant being infected perisheth . this he proves by several examples out of * aristotle himself ; as by the trezenii , zanclei , sybarites , bysantii antissiaei , apolloniatae , chii ; syracusani , aniohipoli●e , who by receiving strangers into their cities and countries , were all much infested , and some of them quite supplanted and ejected by them , the rest enforced to expel them by force of arms . then he subjoyneth , that the strangers admitted among gods own people , proved briars and thorns unto them , and solomon himself by many strange women fell into idolatry : concluding thus , the spaniards in my judgement did not unjustly banish the seditious jewes out of their coasts : propius non accedo , sed christum oro , ne peregrinarum turbâ immanis turbo in civitate fiat . , as these grecians in ancient times prohibited the introduction of strangers amongst them , for the forementioned reasons , so likewise did some of the wisest romans : pennus in ancient times , and papius after him ( as l cicero relates ; peregrinos vrhibus prohibent , eosque exterminant ; which although he thus censures as a cruelty , usu verò urbis prohibere peregrinos , sanè inhumanum est ; yet he intends it only of excluding strangers from all trading and commerce , not from cohabitation , as denizens , from which he holds it just to debarre them , there being a special law then in force for that purpose , which he thus expresseth : nam esse pro cive qui civis non sit , rectum est non licere : quam legem tulerunt sapientissimi consules , crassus & scaevola . hence claudius the emperour benished the jews out of rome , acts 18. 2 and suetonius in his life . and the mischief of admitting forraigners is largely argued in m cornelius tacitus , who were after his time banished out of room ▪ as n coelius rhodiginus relates out of ammianus marcelinus ; so the carthaginians , o scithians , scythotauri , jamphasanti , seres , indians , and aegyptians in some places ; the aethenians also exluded forraigners company and conversation ; ne cives longo usu dissimiles mores imbuerent , & in alienas leges ritusque transirent , as alex. ab alexandro , gen. dierum l. 4. c. 10. and boêmus de mor. gentium record . and we read of the p tartars and most politick inhabitants of china , at this day , that they will admit no strangers into their countries , so much as to travel or traffick , for fear of discerning their secrets , and corrupting their maners , and those few they admit by special licence to enter into their country , they will by no means suffer to return thence , nor permit merchants and marriners there trading to walk abroad publikely in their cities and countries , nor to lodge on land , but only in their ships ; which practises of theirs , being if not grounded on , yet at least warranted by gods own forcited precepts to the israelites , and being warranted by the jews own practise , who had no dealings with the samaritans , john 4. 9. and the samaritans reciprocal carriage towards the iews , whom they would neither lodge nor entertain , lu. 9. 51 , 52 , 53. why we should not upon this account seclude those alien jews , so different from us both in manners , customs , laws , religion , and obeying not the laws of our saviour christ jesus , it being not for the kings or the kingdoms profit to suffer them , ( as haman , esther 3. 8. once said of them in another case ) i referre it to all wise statesmen to resolve , since it may be truly said of such unwelcom guests . turpius ejicitur quâm non admittitur hospes . neither will this contradict that gospel precept , heb. 13. 2. be not forgetfull to entertain strangers : or deutr. 10. 18. 19. c. 23. 7 mat. 25. 35 , 43. which extend only to christian hospitality , liberality , and pity towards exiles , travellers , and other private distressed strangers , coming in to lodge or sojourn with us for a short season in our houses , or country , and standing in need of our releif , as is clear by the texts themselves , compared with rom. 12. 13. 1 pet. 4. 9. 3. iohn 5. but especially to such who are of the houshold of faith , not jews or infidels ) gal. 6. 10. not to the reception of any whole foraign nation or colony into our island to cohabit perpetually with us ( the only point in question ) which the scripture noe where commands nor in ends , but disallows in the forecited texts , and neh. 9. 2. c. 13. 30. and these scripture expressions , pro. 5. 10. lest strangers be filled with thy wealth . isay 1. 7. your land strangers devour in your presence , and it is desolate as overthrown by strangers , lam. 5. 2. our inheritance is turned unto strangers , our houses to aliens , hosea 7. 9. strangers have devoured his strength , and he knoweth it not ; sufficiently manifest both the illegallity , folly , and sad consequences of our receiving jews and other strangers in such a nature , of which our ancestors had sufficient experience in the jewes themselves ; enforcing them for ever to exile them hence . these general reasons against the jews readmission premised , which i hope will satisfie most men ; i shall conclude with some particular reasons drawn from late published declarations of our grandees , which i conceive will best satisfie them of any other : and for this end ( i hope without any just offence , or scandalum magnatum ) i shall crave leave to presse them home in this common cause , for the defence of the glory , honor , scepter , gospel , kingdom of our lord jesus christ , the only q potentate , the prince of the kings of the earth , the king of kings , and lord of lords , the head of all principality and power , and god over all blessed for ever , before whose feet , all other subordinate kings and potentates whatsoever ought to r prostrate , not only their persons , but crowns , and most peremptory royal wills and edicts too ; for whose pleasure , honor and glory alone , all things and powers likewise both are and were created : in whose cause we must be most ſ bold and zealous , not fearing the faces of any mortals . my 1. reason shall be drawn from the very words of the declaration of 21 novemb. 1655. inviting the people of this commonwealth to a day of solemn fasting and hum liation , on the 6. of december last ( a * ▪ day of trouble and of rebuke , of blasphemy , & provocation , in respect of the violence acted on it that time seven years , when the children were come to the birth , and there was no strength to bring forth , but only to obstruct and pull out the members , to prevent our peace and settlement . ) the principal cause whereof they declare to be ; the abominable blasphemies vented and spreading of late , through the apostacy of , and the abuse of liberty by many professing religion . and to joyn with them in solemn and earnest supplications to the throne of grace ; that the lord will disappoint the designs of those , that labour to lift themselves up against the interest of christ and his people : that he will rebuke the foresaid evils , and give his people to know the things that belong to their peace , that so we may with one heart and shoulder serve the lord , both theirs and ours . the jews of all other nations in the world , are the greatest venters , spreaders of abominable * blasphemies against our saviour and the gospel ; the greatest apostates from god and abusers of liberty of any professing religion ; the greatest designers , plotters and lifters up of themselves against the interest of christ and his people ; as the premises undeniably evidence : and their introduction amongst us at this season , when the generality of the people , and professors of religion likewise are so bent to apostacy , and all kind of errors , of novelties in religion , will no ways allay , but most certainly increase the venting and spreading of abominable blasphemies amongst us , multiply the apostacies of , and abuse of liberty by the professors of religion , and make thousands in probability turn apostate jews , instead of converting any of the jews to christianity . it will not disappoint , but most of all advance the designes of those that labour to lift up themselves against the interest of jesus christ and his people ; this being ( as some justly fear ) the jews very end and plot in pressing now to be received amongst us , to seduce us unto judaism , to which many are now inclined ; and to deny our saviour christ in words , as too many have t denied him in their works , and some in their opinions of late years . it will not rebuke , but foment the foresaid evils ; obstruct gods people both from knowing and pursuing the things that concern their peace ; and instead of enabling them with one heart and shoulder to serve the lord , divide them into more sects and schisms , than formerly , and set up judaism to affront christianity with open face , as 2 pet. 2. 1. jude 3. 4. &c. tit. 1. 10. 11. 1 joh. 4. 3. resolve : & so multiply the late rebukes and judgements of god upon the nation . therfore their re-admission into england after such a solemn declaration , and day of humiliation as this ( and some others formerly prescribed , observed through the nation , for the late monstrous growth and spreading of errors and blasphemies amongst us , ) if resolved and effected , will be reputed by god and men , a most palpable violation , yea contradiction of this declaration and humilation ; a most hypocritical , atheistical mocking of god himself to his face ; a most prophane abuse , and perversion of this solemn . fast and humiliation ; a frustration of all the prayers , hopes of most religious people thereon , who observed it for far other prescribed ends , and an high provocation of gods severest wrath against the perverters of it , to this very end , to introduce the long-since banished jews , the debate whereof was proposed immediately before , and began the very next day after it . my 2. reason shall be deduced from the declaration of the 24 novemb. 1655. in order to the securing of the peace of the commonwealth ; declaring it necessary to use all good means to secure the peace of the nation , and prevent future troubles within the same . the bringing in of the jews at this season , when the people are so generally divided , discontented , and declare ( for ought i can learn ) their highest , unanimous dislike , and derestation of it , is the most probable means to disturb the peace of the nation , and to engender future new troubles , tumults within it ; the generality of the people in england , and in other countries , having in former * ages frequently risen up in armes against them ; massacred , burnt and destroyed them , notwithstanding their kings and magistrates proclamations and edicts to the contrary . and the u jews themselves in all ages having been principle firebrands of sedition both in their own land , and all places where they have been dispersed , as the texts and authors in the 3. and 7. premised reasons , with the foregoing relations out of our english historians attest . therefore their re-admission into england , ( especially in this unquiet season ) must needs be diametrically contrary to the scope of this declaration ; and neither in policy nor prudence to be resolved on , but utterly rejected . my 3d. reason shall be grounded on this clause of that declaration : that no person who hath or shall be sequestred , or ejected for delinquency , or being in actual arms for the late king against the then parliament , or for charls stuart his son , &c. out of any benefice , school , or colledge , shall from and after the 1. day of december , be kept as a chaplain or school-master in any sequestred persons house ; nor after the 1. day of january , keep any school publike or private ; nor preach in any publike place , or private meeting of any other persons than those of his own ▪ family ; nor shall administer baptism , or the lords supper , or marry , &c. upon pain that every person so offending in any of the premisses shal be proceeded against , as by orders ( therin mentioned ) is provided : prescribing 3 months imprisonment for the 1. 6 months for the 2d , and banishment for the 3d offence , as i am informed . if native freeborn englishmen , formerly ejected out of any benefice , colledge or school , only for their old delinquency in adhering to the lare king and prince ( though according to their oaths , duties and dictate of their consciences ) after some years publike liberty to preach , articles of agreement confirmed by the army and both houses , and that which some call , an act of oblivion , and future indempnity , though orthodox in doctrine , unblameable in conversation , and eminent in learning , without any particular impeachment , hearing , conviction of any new delinquency or misdemeanors whatsoever , must not have so much liberty as to keep any school , or preach gods word in publike or private , or to be entertained in formerly sequestred englishmens houses , under the foresaid penalties at this season , only in order to the nations peace : then much lesse ought jews , meer aliens , who always have been , and still are professed enemies in arms against the person , kingdom , gospel of our lord jesus christ ( which the late parliament by their solemn protestation , vow and covenant , engaged by all good means to defend and advance ) to be entertained by any english christians , or publikely or privately to teach , preach , spread , propagate their jewish doctrines , errors and abolished ceremonies in our island , but to be banished for ever from amongst us , if any of them should publikely or privately artempt to creep in amongst us ; else not only all sequestred delinquents , but the whole english nation and world too , will cry out and say , [ x ] the faithfull loyal chaplains , servants , followers , friends of the late k. and pr. though english nativs , freemen , ye our felow brethren members in christ are more execrable to , more injuriously , unchristianly , uncharitably dealt with by their fellow english christians in present power , only for their loyalty and conscientious adhering to their late temporal king and prince , than the very alien jews , who both denied , rejected , crucified the lord jesus christ , their own temporal soveraign , who y was born king of the iews , and had this very title inscribed on his crosse ; and their & our only spiritual king and saviour , whose honour , power , kingdom , gospel , we a vowedly profess to advance ; & that they enjoy lesse christian or civil liberty for themselves , their wives and families necessarie subsistance , now in their native country and must neither teach nor preach christ jesus to any in publique or private , though gods word and their function , condition enjoyn , * necessitate them to do both , when as these admitted jews may both teach and preach against him too in publique & private . which restraints on these english royalists on the one hand , & indulged liberty to the alien jew * antichrists on the other , if now put in execution , i humbly referre it to the saddest considerations & conscientious meditations of all in power to resolv themselvs how scandalous & odious it will prove both to god and all good men how much it will resemble the proceedings , not only of the malicious jews themselves against the apostles and ministers of christ , recorded ▪ acts 4. 1. to 24. &c. 5. 24. to 32. 1 thes . 2. 14 , 15 , 16. of beheaded z canterbury against mr. workman of glocester , but likewise of that detestable apostate emperour a iulian , who out of his desperate malice to christ , to undermine and extirpate christian religion without shedding the blood of christians , first shewed himself a most zealous christian professor , reducing the orthodox bishops , ministers , christians , whom the persecuting arian emperor constantius had exiled , & restoring them to their confiscated bishopricks , to ingratiate himself with the people ; but not long after turning apostat he took away all the privileges , honours , revenues of the clergy setled on them by constantine , with the laws for their establishment , shut up the churches & schools ▪ of the christians , prohibiting them to teach in publike or private , or set their children to school , unless they would renounce their former religion , and turn pagans , impoverished , oppressed the christians with extraordinary doubled taxes , from which the pagans were exempted , and castmany of them into prison . but on the contrary at the same time , he shewed extraordinary favour and affection towards the jews , sent for the chiefest of them to his court , where he discoursed with them , writing a special letter to them , wherein he desired their prayers for him , granted them free exercise of their jewish ceremonies , and sacrifices long discontinued , encouraged and assisted them with monies out of his publike treasury to re-edifie the temple at jerusalem , to receive & set up all their jewish sacrifices and customes there formerly used , whereupon they began to build it , till-miraculously interrupted therein● ; and all to vex and undermine the christians . by which indulged liberty , the jews then grew so insolent against the christians , that they greivously persecuted divers of them , destroyed and burnt down some of their churches , and threatned to persecute them worse than the pagan romans had done ; as the marginall historians record more at large . the imitation of whose proceedings now in any degree in these particulars , what harsh constructions and sad events they may produce , i refer to all wise christian states-men seriously to ponder , for their own and our religions honor and security . my 4. argument is this , the orders for securing the peace of the nation , which the declaration relates to ; a contrary to all the statutes , acts , resolutions of our parliaments and law-books forecited , upon another occasion ) authorize the major generals and commissioners named in them . to banish and send into foraign parts and plantations , all persons of the royal party formerly in arms , of no estate , and living loosly , and all persons whatsoever that shall appear by their words or actions to adhere to the party of the late king or his son , & to be dangerous enemies to the peace of the commonwealth , even without and before any legal indictment , tryal , conviction of any particular crime , for which a sentence of banishment is prescribed by our laws : or any judgement or act of parliament inflicting this heavy punishment upon them , far worse to many than death it self . now i shall earnestly intreat in the name and fear of god , all those whom it most concernes , to consider in their own retired thoughts , how unjust , unrighteous , unreasonable , unchristian it will seem to all free-born english men , and conscientious christians , both at home and abroad , and what great scandals it may bring , both upon our nation , government , and religion it self , in this manner , ( and on this old account alone ) to banish these christian english freemen one of their native country , both from their wives children , kinred , and gods own publike ordinances ; and at the self-same time to call in foraign , infidel jews , ( greatest enemies to christ himself and christians , and in that respect more dangerous to the peace and welfare of the nation than tho●e thus to be banished ) to supply their places , even against an express old judgement and edict of the whole kingdom in parliament , for their perpetual exile . what a sad p●rnicious * president it may prove in future ages , upon every new revolution to banish all english freemen of a contrary party and call in forraigners in their rooms : whether it will not revive that ancient complaint of * petrus cluntacensis . lex nam vetusta sed verè diabolica ab ipsis christianis principibus processit , &c. manet inultum scelus detestabile in judaeo , quod exilio vel horrenda morte suspendi● punitur in christiano . pingrescit inde & deliciis affluit iudaeus , unde laqueo suspenditur christianus ? and whether upon consideration of this and the precedent reasons deduced from these declarations , and all the premises , they ought not peremptorily to conclude against the jews present and future re-admission into england ? most seriously to determine . i shall close up all with an answer to the two principal allegations for their reception into our realm . 1. the main and only consciencious argument for their introduction , is this , that it may be a very probable hopefull means of the general calling and conversion of the iewish nation to the christian faith , which hath been so long prayed for and expected by christians , and seems now approaching ; which their seclusion from us may much obstruct . not to enter into any large debate of this conversion of the iews , wherein learned b orthodox divines and writers , are much divided . i say , 1. that i could never yet be satisfied , that there shall be such a general call and conversion of the whole or major part of the nation of the jews , as some expect , but only of an elect remnant of them , the c foreciced texts , with i say 30. 8 , 9 , 10 , 11. now go write it before them in a table , and note it in a book , that it may be for the time to come for ever and ever , that this is a rebellious people , children that will not hear the law of the lord , which say to the seers see not , and to the prophets , prophesie not unto us right things , &c. cause the holy one of israel to depart from before us . luk. 20. 16 , 17 , 18. mat. 21. 41 , 42 , 43 , 44 , 45 , john 1. 11. 12. rom. 9. 27. 26. 33. c. 11. 2 , 5 , 7 , 8. contradicting such a general conversion of them , & that of rom. 11. 26 , 27 , 28. and so all israel shall be saved , being meant only of the elect , and true israel of god , both jews and gentiles , as many judicious expositors , and rom. 2 , 26 , 27 , 28 , 29. c. 9. 6 , 7 , 8. c. 11. 1. to 8. gal. 3. 7 , 9 , 14 , 16 , 22 , 28 , 29 c. 6. 16. seem to expound it , not of the whole jewish nations calling and salvation at the last . 2ly . it is agreed by most who expect such a general calling and conversion of the iews d that it shall not be till the fullnesse of the gentiles become in , as rom , 11 , 24 , 25. resolves , and whether this fullnesse be yet come in , there being so many gentile nations yet e unconverted , especially in asia , africa , and america , and those infinitely exceeding the gentiles yet converted to the gospel , let those consider who now expect the iews conversion . 3ly . if this fullnesse of the gentiles conversion to christ , must preceed the general calling of the iews , as a necessary preparative and introduction thereunto , then we ought by this allegation in the first place to call the turks , tartars , persians , chinoys , and all other unconverted gentile nations into england , and first convert them to the christian faith , before we bring in the iews , whose conversion is to succeed theirs , and the gentiles fullnesse , and then we shall have religions enough in england to please all novellists , and a thousand aliens to each english native . 4ly , there are farre more expresse , direct promises , texts , grounds , both in the e old and f new testament , for the calling , conversion of all gentiles , and yet unconverted heathen nations to the faith of christ , then of the iewish nation : not one nation of them ( for ought we read ) being so far rejected , broken off , and given up to an obduration of heart , and blindness of mind , by gods judiciall decree , as we read the jews to be ; isa . 6. 9 , 10 , 11 , c. 8 14. 15 , 16. c. 29. 9 , 10 , 11 , 12. mat. 13. 14 , 15. mar. 4. 11 , 12. lu. 8. 10. iohn 12. 37 , 38 , 39 , 40. act 28. 25 , 26 , 27 , 28. rom. 11. 7 , 8 , 9 , 10. therefore our prayers and endeavours ought first to be for the conversion of all gentiles yet unconverted to the faith , being more hopefull , more successfull in all probability , than our prayers , endeavors for the iews conversion , at least till the gentiles fullnesse be come in . 5ly , admit either a general or special calling and conversion of the iews in the latter end of the world ; yet the calling of them into england to cohabit with us in such a manner as they now desire , is no ways necessary for that end . for 1. it is no where declared in gods word , that they must be called in england , or by english men . 2ly . if they were principally to be converted by english divines or laicks , we may with more ease , lesse danger and prejudice to our nation and religion , send english divines and laicks into other forraign parts where they now reside , to instruct , teach , convert them to the faith , than call them into england to convert them now , in this giddy , unsetled , apostatizing age , wherein they are likelier to gain a thousand english proselytes to their judaisme , than we one jewish convert to christianity , if introduced with their synagogues and jewish ceremonies ; perhaps their hopes of such a harvest here , is the principal motive that they are so pressing to be now admitted again into our english climate , without delay . 3ly . if we admit them with all their jewish worship , synagogues , ceremonies , as they now propose , it will be rather a means to harden , then convert them ; a g doing of evil that good may come of it : a swallowing down of a certain deadly poyson , in hope to correct it with a subsequent antidote ; and to set up a present h synagogue of satan , upon hopes hereafter to convert it into a church of christ . 4ly . god can convert them in any other countries , as well as in england , and by any other christian nations , as well as englishas he hath done i some few of them in all ages , as petrus alphonsus , lyra , and junius , three eminent divines and writers , amongst others : and there being as learned able protestant divines in holland , germany , france , denmarke , as any ▪ in england , if they cannot convert them , what hopes have we to do it ? 5ly . conversion of their hearts to the truth of the gospel , and saving grace , is k only the work of god , not men , who can work it when , where , and by whom he pleaseth , and is not tied either to place or persons , much lesse to our english climate to effect it . and , it is gods and christs usual prescribed way of converting nations , people , to send apostles , ministers to preach the gospel to , and convert them , in the countries , places where they dwell ; not to call them into another forraign land where the gospel first shined , or where it is entertained : as he sent his apostles from jerusalem into all the world , to convert the gentiles , not called them all to ierusalem or palestine , to be there instructed and converted , mat. 9. 38. c. 10. 5. 6. c. 28. 19 , 20. mar. 16. 15. isay 2. 3 , 4. acts 9. 15. c. 10. 20. c. 22. 12. ephes . 3. 8. 2 tim. 4. 17. 3. iohn 7. why then we should take this new-found contrary way of calling the iews in to us to convert them , and not rather send out ministers to them , i cannot discern ; the rather , because the * council of basil , an. 143 1. sessio 19. prescribes this course both for the converting of the unbelieving jews and gentiles to the orthodox faith ; that all diocesans should yearly , at appointed times , provide certain men well learned in holy scriptures , and in the tongues , to preach and explain the truth of the catholick faith , in svch places where the iewes and other infidels did dwell , in such sort , that they acknowledging their error , might for sake the same . to which preaching they should compell all of both sexes that were at years of discretion to resort , by interdicting them commerce with christians , and other sitting penalties . provided , the diocesans and rreachers should behave themselves towards them mercifully , and with all charity , whereby they might win them to christ , not only by declaring of the truth , but also by other offices of humanity . 6ly . if the observation of learned paraeus be true , that the overflowing of all sorts of wickednesses , crimes , murders , wars , oppressions , rapines , injustice , tyranny , cruelty , extortions , usuries , the infinite multiplicity , contrariety of sects , schisms , religions , and unchristian , heathen , atheisticall practises of one christian towards another , be principal obstacles to hinder the jews conversion , especially amongst protestants ( as these , with idolatrous worship of images , saints , and the hostia amongst papists ) than the calling of them now into england , where * all these abound more than ever heretofore , and more than in other nations , will be a means more to harden them , and hinder their conversion , then any furtherance thereunto : the rather , because the desperate apostacy , and atheistical actions of sundry late eminent professors , have caused many english christians to turn antiscripturists , seekers , atheists , and like the iews , to repute christ and christianity meer fables . 7ly , most of the iews , who since their dispersion have been baptized , and turned christians in any age or place , have done it either out of fear , to save their lives , or estates , when endangered by popular tumults , or judgments of death denounced against them for their crimes ; or for fear of banishment , or by coercion of penal laws , not cordial●y and sincerely , they still playing the jews in private upon every occasion , and renouncing their baptism and christianity at last , either before or at their deaths , as our own n forecited historians ; the 4th council of ●oledo , cap. 58 , 59 , 62. 63. leges wesigothorum , lib. 12. tit. 2 , 3 ▪ vincensius beluacensis spec . hist. l. 29. c. 25. rodericus toletanus , de rebus hisp . l. 2. c. 17. aventinus , annal. boiorum l. 5. p. 468. abbas uspergensis chrou . p. 227 228. and o other authors at test , of which we have this late memorable history recorded by munster in his cosmography , l. 2. c. 19. f. 72 , 73. there being no lesse than one hundred twenty four thousand jews banished out of spain , anno 1492. leaving all their gold , jewels , houses behind them , and paying two duckets a pole to the king for their transportation into portugal ; some of them there seemingly turned christians , and were baptized , but yet secretly practised their judaival rites , being christians only in shew , but not in heart , observing the passeover , and eating flesh with the iewes : upon the discovery hereof , there arose a great tumult of the people against them in lisbon , the people complaining thereof to the king , anno 1506. whereupon the king commanded 16 of them to be imprisoned , and at last dismissed them without other punishment . upon this the citizens conspiring againg the king and governour , raised a commotion against these iews and false christians , slaying all those false converted new iews they could find throughout the city , to the number of six hundred , whom they likewise burnt ; which example spreading into the country , there were slain in the city and country of these iewish , false converts , to the number of 1630 : which the king hearing of , being then absent , he was so incensed against the iews , that he imprisoned very many of them , whereof some were burned , others beheaded , others hanged on gibbets , and all the rest spoiled of their goods , then expelled and banished the kingdom , a sad judgement on them for their hypocritical conversion ; and such converts mostly we are like to find them , and none other . 7ly . if any private iews out of meer conscience or sincere desires of being converted to the christian faith , shall upon that account alone desire admission into england , to be instructed by our english divines , i suppose no english christians will oppose , but further their desires herein , and contribute both their prayers and best endeavors for their conversion , and if there be cause , admit them into our churches communion upon real testimonies of the truth of conversion in , and work of grace upon them ; which is as much as they can desire at our hands ; but to admit whole multitudes and colonies of infidel iews at once into our nation , who neither desire nor pretend conversion to christianity , together with the free use of their iewish synagogues , rites , ceremonies , ( which they strongly insist upon ) is such an impious , unchristian , antichtistian dangerous president ( glossed over only with a possibility of their future conversion ) as no sincere english christians can approve of , nor the iews themselves desire : for as the iews by p gods own laws , and their own iewish rabbies precepts , neither might , nor yet would permit any heathen gentiles heretofore to set up any altars , images , idols , groves , or exercise any idolatrous worship amongst them , or to blaspheme , reproach their god or religion , under pain of death if they transgressed therein , there being the self sume ▪ law of god in these things both to gentiles , & iews . and like as they afterwards would not permit the apostles and christians in ierusalem , or any other cities , for to preach the gospel , and exercise the christian religion freely , but raised up present tumults against and persecuted and cast them out , as 1 thes . 2. 14 , 15 , 17 , the whole history of the acts , and premises abundantly testifie : so by the very self same justice and equity , they can neither now demand nor expect that we , or any christian realm or state should tollerate or connive at , much lesse openly countenance and protect them in the publick or private exercise of their iudaisme , or iewish rit , and blaspemies against our crucified saviour , and his gospel : all then that english christians can do for them , is to q desire , and pray for the conversion of all gods elect amongst them in his due time , by such means as he shall think meetest , and to instruct them in the faith , by learned ministers sent to them , if they desire it ; but not to admit them ( and perchance many disguised iesuits , papists and friars with them ) promiscuously into our nation ; to undermine our church and religion , and undo many thousand souls , it being our duty , * as to give no just offence to the iew , so neither to the gentiles , nor to the church of god , whom their admission amongst us will offend . lastly those popes and popish princes , who have heretofore admitted any iews to inhabit amongst them , have done it under these several cautions and limitations prescribed to them by their * laws , councile , canons , decrees , divines and canonist's . 1. that they should build no new synagogues , nor repair any old ones quite demolished . 2. that where there were old synagogues formerly used by them , they should only repair , but not enlarge or build them higher than before , nor extraordinarily ad●rn them . 3. that they should not stir out of their doors on good friday , nor open their doors , windows , shops , or do any servile work , on the lords days , or other solemn christian festivals . 4. that they shall utter no blasphemons words , speeches against god , christ , christians , or christian religion , nor manifest their open contempt of them by gestures or actions , under pain of peouniary , corporal , and capital punishments , according to the quality of the offence . 5. that they shall be admitted to no degrees of learning , honour , dignity , office or preferment whatsoever in state or church , because it is most absurd and unjust , that any blasphemer of christ should exercise any power or authority over christians in any christian state. 6. that they should neither eat , nor drink , nor have any dayly familiarity or communion with christians , nor entertain any christian man or woman in or out of their houses , either as a servant , nu●se to th●ir children , or otherwise , nor yet administer physick to any christian in his sicknesse , lest any simple christians should be seduced by them to judaisme by th●se means . 7. that all iews both males and females should always wear a specicial * badge or sign in all places upon their outward garments or heads , whereby they might be distinguished from christians , and known by all men to be iews , to avoid c●mmixtion and communion between them and christians , which otherwise would happen . 8. that they should be disabled to bear witnesse , or give in any legal testimony against christians , or to exercise usury amongst them , or to purchase any advowson or ecclesiastical preferment , or to bequeath any legacy to the nation or corporation of the iews . 9. that they should be subject both to the ecclesiastical & temporal courts and iudges for all * offences properly punishable by them which they should commit . 10. that they should pay all predial and personal tithes to the christian ministers where they lived . 11. that though they should not be compelled to be baptized or turn christians against their willt , yet they should at certain times be all constrained to come to the sermons of such christian priests and ministers as were appointed to instruct them in the christian faith , and to preach unto them to convert them 12. that their servants and children being iews ; when once baptized and turned christians should no more c●habit with , nor be under their power . 13. that upon their conversion to christianity , all their goods and mony gotten by usury and cheating should be distributed to pious uses , and the rest only retained for their proper use and livelyhood . 14 that if any of them after their baptisme apostatized and turned iewes again , or fell into heresie , they should be proceeded against and burned , ●executed as apostates , and hereticks . 15. that no christians should communicate with them in any kind , except in buying and selling , nor cohabit with , serve them as a nurse or servant , under pain of excommunication , yet notwithstanding all these restrictions and cautions , we read of few iews really converted by them , and that the iews have r perverted and seduced sundry christians to iudaisme , and made them professed iews ; perswaded other christians to observe mosaical ceremonies , besides baptism , whereby they made a confused chaos of religion ; yea they corrupted michael balbus the emperor so far , that he commanded christians to fast on their sabbath , and made him as it were a sink of sects , as zonaras and others record ; yea , sedechias the iewish physician ſ poysoned the emperor charles the bald his body , as well as others in that age after poysoned other christians souls . what mischiefs then they may do to mens bodies in england , by poysoning of them , ( as they did the t english barons heretofore , and dr. lopez a iew , would have poysoned * queen elizabeth of late ) and what desperate venom they may infuse into their souls by their iewish doctrines , synagogues , and antichristian ceremonies , if admitted without such or upon these restrictions or any other , let all prudent christians resolve : since u pope innocent the 3. himself , and x cardinal hostiensis , with other popish canonists , who have tolerated them , give us this account of their requital for it , in positive terms . iudaei ingrati , progratia reddunt contumeliam , pro familiaritate contemptum , impendentes nobis illam retributionem , quam juxta vulgare proverbium , mvs in pera , serpens in gremio , ignis in sinv , suis consueverunt hospitibus exhihere , nam sunt quidam ( quod nefandum est dicere ) nutrices christianas habentes , non permittunt lactare filios cum corpus christi sumpserunt , nisi prius per triduum lac effuderint in latrinam , ( quasi intelligunt , quod corpus christ incorporetur , & ad s●cessum descendat . ) & alia inaudita committunt , & detestabilia , quae à fidelibus sunt minime toleranda , ne si haec negligunt quae inducunt confusionem fidei indignationem divinam incvrrant . as therefore y aldredus de ponte ; abbot panormitan , z antonius corsitus , and other popish canonists conclude positively . that christians and christian kings may lawfully expel and banish all iews and infidels out of their realms , though peaceable , for their infidelity , and other just causes : so may all english protestants likewise upon the premised reasons conclude : we may as justly , as lawfully now keep them from re-entring into england , notwithststanding the pretence of their conversion to the faith , which i hope i have satisfactorily answered . the 2. allegation for bringing in the iews is meerly politick , that it will bring in much present and future gain and mony to the state , and advance trading . i answer , 1. that if this argument overpoysed not the scales , that of conscience , ( the hopes of their conversion ) would be lighter than the dust of the ballance and sticke with no man , their mony being the only engin , which hath opened the gate and passage for them into any christian kingdoms at first , and made new entrance for them when they have been expelled , as a concilium toletanum , 4. c. 57. and others inform us . this opened their first passage into b england , c spain , portugal : and philip augustus who banished them out of france , an. 1183. postea verò quum propter bella inopia laboraret pecuniae , acceptae grandi à iudaeis pecunia redditum cis concessit & domicilium parisiis , as d munster and others inform us . and this kept them so long in england heretofore , till their very banishment ; a sign we love their money better than their souls or our own . 2ly , this argument , for their readmission , is but wordly , carnal , sensual : the very same with that of hamer to the shechemites , when he would perswade them to be circumcised , and turn iews , gen. 23. 25. shall not their cattle and their substance , and every beast of theirs be ours ? only let us consent unto them , and they will dwell with us . an argument only fit for such whom the apostle characterizeth , phil. 3. 18 , 19. for many walk of whom i have told you often , and now tell you weeping , that they are the enemies of the crosse of christ , whose end is destruction , whose god is their belly , and whose glory is in their shame , who mind earthly things ; or for such princes or governours as god of old complained thus of e her princes in the midst thereof are like wolves ravening the prey , and to shed blood , and to destroy souls to get dishonest gain . it proceeds from such f whose eyes and hearts are not but for their covetousnes g who all seek their own , not the things that are iesus christs . and if the root of it be covetousnesse h which is idolatry , which christ commands all i to take heed and beware of , and k is not so much as to be named ( much lesse practised ) amongst christians , whose l conversation ought to be without covetousnesse , and they to rest contented with those things they have ; because ( l ) they that will be rich fall into temptations , and a snare , and into many foolish and noysom lusts which drown men in perdition and destruction ; for the of love of mony is the root of all evill , which whiles some covered after , they have been seduced ( or erred ) from the faith , ( as thousands of late years have been ) and pierced themselvs through with many sorrows , therfore 't is not as much as once to be named or insisted on amongst us , unlesse we will renounce our christianity , make great gain our only godlinesse , instead of making n godlinesse with contentment our great gain ; o betray and sell our saviour christ again to the iews , like iudas , for thirty peeces of silver , without repenting and making restitution of it to the iews , as he did ; and most blasphemously transferre our very saviours most blessed deity , and stamp his most sweet and most highest title p god with us , upon a contemptible piece of white and yellow shining clay , as some have lately done on all our new state coyn ( as if it were the only god with them and us ) how christian-like , let themselves determine . 3ly . god himself who saith q behold i have smitten mine hand at thy dishonest gain , which thou hast greedily gained of thy neighbour by oppression , & other unlawfull means ; will certainly smite his hand at this gain by the iews re-admission . and therefore let us give that resolute answer to the iewish agents , if they proffer to purchase an idenization amongst us by their gold , as r st. peter once did to simon magus in another case : thy money perish with thee ; thou hast neither part nor lot in this businesse , for thy heart is not upright with god. 4ly . none ever gained by the iews introduction or continuance in any christian state , but the king and some of his bribed officers , and that by oppressing , squeezing , fleecing , taxing : excoriating , eviscerating , crucifying , pillaging , plundering the poor iews in such an unchristian , inhuman , illegal , unrighteous manner , against ſ the express commands of god , as made both christians and christianity most detestable to them , brought a secret curse of god upon all those unrighteous gaines as also upon their very persons and government , ( witnesse t king iohn , and henry the 3d. ) and encouraged them to oppresse , fleece and pillage their native subjects , by illegal taxes and projects , and to use them rather like iews than christians , enforcing them thereby to take up arms against them for their laws , liberties and properties just defence , as those kings reigns , and others sufficiently evidence . 5ly , the introduction of the iews into england and other nations , never advanced the publike wealth of the natives and republike , but much impaired it by their vsuries and deceits , clipping and falsifying monies , ingrossing all sorts of commodities into their hands , usurping the natives trades , and becomming such intolerrable grievances to them , that they were never quiet till they were banished , as their greatest annoyance , and purchased their exiles even with publick subsidies granted to their kings to be quit of them ; as the * premises abundantly evidence . 6ly . the trade of this nation flourished more after their banishment hence , then ever it did before ; and their introduction now , will but supplant , undoe our english merchants and other natives , to enrich them , and some few other grandees , who shall share with them in their spoils and unrighteous gains : 7ly , the taking off all long continued , uncessant new , illegal taxes , excises , imposts * imposed without common consent in parliament on the nation , ingrossing , anticipating most of the current monies of the land , which are the nerves and wheels of trade , eating up all the merchants , peoples gains and labors , and overclogging all or most commodities imported or exported . the disbanding of all unnecessary mercenary forces and garrisons , who have devoured most of the publike and private wealth of our three kingdoms , and extraordinarily impoverished them , only to enrich and advance themselves ; and setting up the old unmercinary trained bands and legal militia of the realm in their steads : the encouraging of merchants to bring in gold and silver bullion , to set the mint on work , which hath lain for the most part idle near 15 years : the suppressing of the superfluous making , wearing , use of gold and silver lace , wyre , gilding , which consume many thousand pounds of current coyne every year : the inhibiting of the excessive use of that late intoxicating smoke of tobacco , causing such a prodigal expence of money , time , and hindring more necessary , usefull , staple merchandizes and plantations . the regulating of the gross abuses of letters of mart , now little better than commissioned open pyracies , occasioning the ruine of trade and merchandize by way of reprisal : the ordering according to law , iustice , conscience , that all prizes taken from any foraign enemy , or other who pillage or damage the english , by the states ships , and men of war , set out by the merchants customs , tonnage , poundage , imposts , and therewith maintained for their defence , ( which therfore u should be equally distributed to our english merchants that are damnified , undon by them , towards the reparation of their losses , who maintain them , to enable and encourage them in their trading , especially when much impoverished or undone by their losses ) and not all converted to the use of that some stile , the admiralty and state , or mariners who take them ; ( at whose cost they are not maintained : ) the binding of all captains of all states men of war , * to make good all the english merchants , and their allies losses , susteined by their default or negligence : the * resuming of all the late alienated ancient lands , rents , revenues of the crown , got into private hands , which ought to defray the constant expence of the government , now extorted for the most part by arbitrary new devices , out of the exhausted peoples purses . the speedy preventing of the late unparalleld wasts in all places of english timber , for shipping , of which there is like to be such scarcity ere long , as will both destroy our navy , and fishing trade . all these , and every of them will far more advance the trade and traffique of the nation , and the publike wealth , and give all the people far better content and satisfaction ten thousand fold , then this new distastefull pernicious project of bringing in the iews : against which i shall only discharge this ancient x canon of the 4th council of toledo in spain , under their most religious king sysenandus in the year of our lord 681. which thus batters all ecclesiastical and temporal promoters of this allegation for filthy lucres sake with this direfull thunderbolt ; so great is certain mens lucre of money , that some coveting after it , according to the apostles saying , have erred from the faith . for many hitherto of the priests and laity receiving gifts from the iews , foster their perfidiousnesse ( or infidelity ) by their patronage ; who not undeservedly are known to be of the body of antichrist , because they act against christ : therefore whatsoever bishop or clergy m●n , or secular person shall from henceforth give his suffrage to them against the christian faith . either for reward or favour , being ( as prophane & sacrilegious ) really made accursed , let him be reputed , excommunicated from the catholick church and kingdom of god ; because he is worthy to be separated from the body of christ , who is made a patron or protector to the enemies of christ . i shall close up all with the memorable apposite history and words , of that famous ancient bishop of millain st. ambrose ( z ) the eastern christians , out of christian zeal , burnt down a synagogue of the iews in the castle of callinico , by their bishops instigation and command , for which the emperour theod●sius being much incensed against them by the jews and their instruments , commanded his lieutenant of the east to punish the people , and the bishop to re-edify the synagogue for the iews at his own costs : of which st. ambrose being informed , and unable to go to the emperour , writ an epistle to him , wherein he most boldly pleads the cause both of the bishop and people , proving by evident arguments ; the burning of this synagogue of impiety to be just , and that the emperour should sin both against his own and his kingdoms safety if he should do any thing severely against the bishop or 〈…〉 ople for it ; adding , that he himself was prepared ra 〈…〉 to suffer death in this cause , than that he should by 〈…〉 dissimulation make the emperour a prevaricator , who 〈…〉 commanded such an unjust thing against the church . 〈…〉 er which the emperour coming to millain , & st. amb. 〈…〉 aring that the iews had built a synagogue in the market 〈…〉 constantinople : he publikely preached against it , & justified the peoples burning of the other synagogue in his sermon before the emperor and people : wherein amongst other passages , he used this speech to the emperor himself in ●he person of christ . o theodosius ! i have made thee of an obscure private person , an emperor , committing my flock unto thee : i have adorned thy formerly squalid head with a crown : i have delivered the forces of thine enemie unto thee , i have reduced thine enemy under thy power , i have made thee triumph without labour ; and dost thou make mine enemies to triumph over me ? and offer contumely unto me , by preferring those whom i have rejected , before those by whom i am worshipped ? by offering violence unto them , and suffering a synagogue to be built in the midst of that city , wherein i am worshipped , and my crosse adored , by those who have been my murderers ? when st. ambrose came forth of the pulpit , the emperor saying to him : o bishop , you have this day preached against us . he thereunto replyed ; he had not spoken against him , but for him . to which the emperor subjoyning , o bishop , will you have the people in a well governed commonwealth , to have license rashly and impudently to do what they please ? st. ambrose thereto rejoyned : neither is this verily to be granted , that the iews should have synagogues in the midst of a christian city , and offend the ears of the godly with blasphemous prayers : nor oughtest thou to decrée this , most holy emperor whereupon the emperor being quite silenced and convinced of his error , forthwith gave his faith and promise to st. ; ambrose , to reverse his former decree for re-building the iews synagogue , before he went to the altar to receive the sacrament at his hands . i wish this my demurrer may produce the like effects . gal. 5. 2 , 3 , 4. behold i paul say unto you , that if * ye be circumcised , christ shall profit you nothing ; for i testifie again to every man that is circumcised , that he is a debtor to do the whole law : christ is become of no effect unto you ; whosoever of you are justified by the law , ye are fallen from grace . 1 joh 4. 3. every spirit that * confesseth not that iesus christ is come in the flesh , is not of god , and this is the spirit of antichrist , wherof ye have heard that it should come , and even now already is in the world . finis . notes, typically marginal, from the original text notes for div a91275-e280 a 1 pet. 4. b see the declaration of 21 nov. 1655. c a collection of ordinances , p. 599 , 623. d act 2. 23. 36. c. 3. 14. 15. 1 shell . 2. 14 , 15 , 16. mat. 26. & 27. e h●b . 6. 6 1 john 4. 3. f spelmanni concil . p. 43 ▪ 44 ▪ see here p. 51 ▪ g annal. pars posterior , p. 604. h spelmanni cancil , p. 623. i malmesbury de gest is regum angl. l. 2. c. 1. p. 75. chronicon johannis bromcol . 956. 957. spelmanni concil . p. 625. k ingulphi hist . p. 914. l ad eadmerum not● , p. 172 , to 195. m historiae noverum , l. 2. p. 46 , 47. m p. 64. 65. 89 , 90. n rev. 3. 4. o de uni●ate ecclesiae francofurti . 1600. p. 108 , 109 , 116 , see jacobus usierius , de e●c●●siaurm christian successione & statu c. 5. p. 108 , 109 , 119. p de investigatione antichristi syntagma , p. 41. r rev. 2. 9. c. 3. 9. s num. 25. 15 gal. 4. 18. jude 3. 4. notes for div a91275-e2830 a deut. 7. 6. c. 14. &c. 26. 19. b acts 2. 22. 1 thess . 2. 15 , 16. c mat. 27. 25. d 1 thess . 2. 15 , 16. e ro. hoved. annal. pars posterior p. 604. spelmanici concil . 623. lombard . a●chaiori . f de gestis regum , l. 4. p. 122. g chronica●●ars 2. tit. 16. c. 5. f. 167. h centur. xi . ● . 14. col . 687. i gervasius dorobern : chro. col . 1403. k chronicon johann . bromton , col . 1129. polydor virgil l. 13. holinsheds chronicle , vol. 3 : p. 101. graftons chro : p. 79. cent. magdeburg . 12 c. 15. col . 1759. l guliel . nubrigens . hist . l. 4. c. 1. 7●8 . &c. matthew west . matth. paris , rog. hoveden , hygden , fabian , holinshed , grafton , slow , speed , fox , daniel , in the life of rich. 1. chronicon johannis bromton , col . 1152 , 1160. 1171. radulphus de di●eto ymagines historia●ū , 647. 651. henricus de knyghton , de eventibus angliae , l. 2. ● . 13. col . 2401. m annalium pars posterior , p. 745. chron. johan . bromton , col . 1258. holinshed vol. 3. p. 155. n mat. west . a● . 1210. mat. paris , hist . angliae . londini 1640 p. 229. holinshed . vol. 3. p. 174. john stow , p. 168. daniel p. 115. o mat. paris hist . ang. p. 314 , 315. antiq . eccles . brit. p. 152. bracton l. 3. c. 9. p mat. paris hist . ang. p. 365 mat. westminster , p. 128. holinshed , p. 221. q jo. stows chronicle , p. 182. r mat. paris hist . angl. p. 393. stow , p. 183. speed , p. 519. * near the rolls . ſ mat. paris hist . angl. p. 409. mat. westm . p. 136. holinshed vol. 3. p. 219. stow p. 183. fox acts & mon. vol. 1. p. 423. speed p. 521. polychronicon , l. 7. c. 35. fabian part 7. p. 46. grafton p. 122. mat. park . an●iq . ● . eccl. bri. p. 178 t mat. paris p. 532. u mat. paris , p. 605. x mat. paris , p. 644. y mat. paris p. 641. z mat. paris p. 778 , 779. 785. speed. p. 529. a mat. paris , p. 827. b mat. paris , p. 831. 856. c mat. paris hist . angl. p. 861 ▪ 862. fox acts and mon. vol. 1. p. 423. nota. d mat. paris , p. 873 , 874. e fox ' acts & mon. vol. 1. p. 423. ex eulogio . f mat. paris p. 887. nota. g mat. paris p. 902. mat. west . p. 270. holinshed . vol. 3. p. 252. h mat. paris p. 912. fabian part 7 : p. 58. fox acts & . mon. vol. 1. p. 423. jo. stow , p. 190. grafton , p. 127 holinshed , p. 253. balaeus cent. 4. c. 22. johan . major l. 4. c. 12. cent. magdebur . 13. c. 14. col . 1282. nota. nota. i mat. paris . p. 922. k mat. paris . addi●amenta , p. 202. 207. mat. paris . hist. angl. p. 982 . m mat. paris hist . ang. p. 990 fox acts & mon. vol. 1. p. 423. john stow. p. 91. n john stows chronicle p. 210. holinshed , vol. 3. p. 263. o mat. west . an. 1264. pars 2. p. 320. rapbael holinshed , vol. 3. p. 267. p holinshed vol. 3. p. 272. q mat. west . an. 1278. p. 367. walsingham , hist . ang. anno 1279. p. 18. ypodigma neustriae , p. 69. f●bian , part . 7. p. 124. grafton , p. 164. stow , p. 200. holinshed , p. 279. r john stow , p. 20. ſ john stow his chronicle p. 202. t stow his chronicle , p. 203. 204. * fabian part 7. p. 131. grafton p. 168. holinshed vol. 3. p. 283. nota. nota. * see here , p. 15. & rot. claus . 1 e. 1. m. 3. * see rot. claus . 3 e. 1. memh . 17. u thomas walsingham hist . angl. p. 14. x th. walsingham , hist . angl. p. 15. y flores hist . par . 2. ann . 1290. p. 381. z ypodigma neustriae , p. 72. a de eventibus angliae , l. 3. c. 1. col . 2462 , 2466. b histor . majoris brit. l. 4. c. 9. c centur. magd. 13 c. 15 col . 1286 . d centur. 4 script . brit. c. 60. in appendice . e ju. ed. 1. f cent. magd. 13 c. 9. col . 967. c. 13. col . 1284. * see cooks 2. instit . p. 508. g chron. dunstap . cooks 2 instit . p. 508. b rot. pat. anno 3 e. 1. m. 14. 17. 20. william middleton reddit compot . l ) temp. r. 1. jo. char. 2. oh an . n. 49. 53. 18 h. 3. dors . claus . m. 27. dors . pat. 55. h. 3. m. 10. k rot. char . 1. reg●s johan . part . 1. m. 28. char. 171. ( i ) rot. 2. e. 1. m. 1. 3. 5. rot. claus . 3. l. 1 m. 8. 10. 13. 16. 23. rot. parl. 3 e. 1. m. 36. & 17. dors . claus . 7 e. 1. m. 6. m holinshed p. 285. walsing . tpodig . 72. flerileg . chron . dunstable . * see my levellers levelelled and plea for the lords . n 2 instit . p. 507. o rot. claus . 18 e. 1. m. 6. 11 julii . the like writs , to other counties & intituled , de judaeis regno angliae exeuntibus . p parl. 1 3 e. 1. q plac. parl. post pascha apud london . 21 e. 1. rot . 4. * socrates scholast l. 1. c. 9. theodoret , l. 4. c. 10. niceph. eccles . hist. l. 4. c. 25. cent. magd. c. 3. col . 650 , 651. spelman . concil . p. 43 , 44 * see leges wisigothorum l. 12. tit. 2. 3. surius concil . tom. 2. 3. hispaniae illustratae , tom. 5. h see centur mag 2 to 13. c. 15. in each . antonini chronica . pars 2. tit. 16. c. 12. i chron. johannis brompton col . 829 , 901 , 908 lambardi archaion , & spelman concil . p. 376 , 513 , 515 , 521 , 522. 549. 550 , 599. k spelmani ▪ concil . p. 553 , 566. l article 37. m see petrus alphonsus , adversus judaeos . antonini chro. pars 2. til. 16. c. 12. agobardus de insolentia judaeorum , & judaicis superstitionibus , & cent. magdeburg . 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 12 , 13 , c. 14 , 15. where this is largely proved & judaism refuted . n see brooks & ash . corporation & prerogative . o see rastals staple . * see my soveraign power of parliaments , parl . 2. p. 76 , 77 , 78. * cooks reports . p see cent. mag. 3 to 13. c. 14. q see rastals abridgement title , artificers , aliens money , treason , drapery , &c. r see rastals abridgment , tit. merchants and merchandize . * acts 4. 17 , 18 , c. 5. 28 , 29. 40. c. 13. 45. let those who now imitate them , inejecting & silencing ministers from preaching , consider & repent of this jewish crime . * see the like , acts 17. 5. to 16. c. 19. 8 , 9 , 10. c. 28. 25. to 31. s exod. 23 , 31 , 32 , 33. c. 34. 1. to 17. deut. 7. 2. to 9. jos . 23. 3 to 15. judg. 2 , 3 , 4. t deut. 9. 6 , 7 , 13. ● . 31. 17. exod. 32. 9. c. 33. 3. 5. psal . 78. 8. 9. jer. 3. 6. to 22. c. 5. 23. c. 8. 5. c. 2. 11. c. 23. 14. isay . 3. 9. c. 24. 5. ezech. 2 , 3. to 9. c. 3. 26 , 27. c. 12. 2. to 26. c. 17. 12. c. 16. 46. 56. 57. c. 24. 3. c. 44 , 4. hos . 4. 16. c. 5. 7. c. 6 , 7. c. 11. 7. mat. 3. 7. c. 11. 23. 24. c. 23. 33. acts. 7. 51. 52. and other texts . ( h ) levit. 26. deut. 28. isay . c. 1. & 9. & 14. & 29. & 32. jer. cap. 1. to 30. lam. c. 1. to 5. ezech. c. 2. to 25. hos . c. 1 , to 11. joel , c. 1. and 2. amos , c. 2. to 3. mat. c. 1. 2. zeph. 1. zach. 11. 2 kings 17. 2 chron. 36. mat. 24. lev. 22. egesippu● , eusebius , and others . x exod. 15. 24. c. 16. 2. &c. num. c. 14. c. 16. c. 20. c. 21. 2 sam. 1. 15. to 21. 2 kings c. 12. c. 15. c. 16. 2 kings c. 9. c. 10. c. 12. 20. c. 14. 17. c. 17. 21. 23. c. 23. c. 20. c. 27. 2 chron . c. 23. c. 36. ezech. 17. 13. to 24. y mat. 21. 33. to 36. c. 26 , & 27. & 28. mar. 14. & 15. lu. 22. & 23. john 5. 16. 18. c. 7. 1. c. 9. 22. c. 10. 31 , &c. c. 11. 8. 55. c ▪ 1● & 19. c. 20. 19. act. 2 , 23. 36. c. 3. 13 , 14 , 15. z 1 thess . 2. 14 , 15. a act. 4. 1. to 23. c ▪ 5. 5. 17. to 42. c. 6. 9. to 15. c. 7. c. 8. v. 9. c. 12. 3. c. 13. 42. to the end . c. 14. 2. 4 , 5 , 19. c. 17. 6. to 17. c. 18. 12. &c. c. 21. to c. 27. c. 28. 17 , 18 , 19. ● cor. 11. 24. 1 thess . 2. 14. 15 , 16 . b gen. 15. 7. 8. c. 26. 5. num. 26. 54 , 55. c. 27 ▪ 7. 8. c. 32. 18 , 19. c. 33. 55. josh . c. 14. to 20. ps . 78. 55. ps . 105. 11. 1 kings 8. 36. ezech. 48 , 29 c see acts 17. 28. exod. 36. 43. num. 20 14. to 22. c. 21. 21. 22. 23. deut 2. 26. to 32. judg. 11. 12. to 29. deut. 2. 9. 2 chron. 20. 10. gen. 34. 20. num. 26. 54. deut. 26. 9. ezech. 36. 5. exod. 20. 17. d athanasius de passione imaginis christi , cent magd. 4. c. 13. col . 1445. cent. 6. col . 825. cent. 8 col . 122. cent. 10. col . 633. cent . 11. c. 657. fasciculus tem. po●um . f. 56. sigeberti chro● hermannus schedel . chron . f. 168. e chron. mag . germaniae , an. 1036. p. 268 , 269. hermanus schedel . chron . f. 278. 289. genebr . chronogr . p. 824. 825. jansenius , l. 4. mer. gallobelgici . f johannis bromton chron . col . 1005. g socrates scholast . l. 7. c. 16. centur. magd. ● . c. 14. h sigeb●rti continuatur . cent. magd. 12. c. 14. cent. 13. c. 14. i vincentius spec. hist . l. 29. c. 25. gaguinus l. 6. de francis , cent . magd. 12. c. 14. col . 1670. k vincentius spec. hist . l. 29. c. 25. cent . magd. 23. c. 14. munsteri cosm . l. 2. p. 170. l fragmentum historicum chronicon ▪ hirsaug . mun●zerus . centur. magd. 13. c. ●4 . m cranzius . l. 7. c. 14. in vandalia cent. magdeb. 13. c. 14. n chron. hirsaug . cent. magd. 13. c. 14. fasciculus temporum . aventinus annalium boiorum l. 7. p. 576. o sebast . munsteri cosm . l. 3. p. 482. p hermanus schedel . chron. f. 285. 286. ant. coc. ●ius sabellicus ●●ead . 10. l. 6. p. 742. q and so doth sebast . munster cosmog● . l. 2. c. 57. p. 171. o aventinus annal. boiorum . l. 5. p. 468. hedio in chron. annot ▪ cent. magd. 11 c. 15. col . 689. p ot●o de gestis . fred. 1 ●mp . l. 1. c. 37. 38. p. 428. cent ▪ magd. 12. c. 14. genebrardi chronogr l. 4. p. 108 . r see munsteri cosmog . l. 3. p. 547 , 707. r m. albertī argentini chron ▪ & de rebus gestis bertoldi . p. 147. 148 , 149 , 177. 178. see abbas uspergensis paraleip . p. 346. seb. munsteri cosmogr . l. 3. c. 139. p. 563. 707. r surius concil . tom. 2. p. 735. gratian. dist . 28. qu. 1. & 29. qu. 1. ſ fredericus lindebrogus codex legum , antiq. t centur. magdeb. 12. c. 7. col . 1079. t orosius , l. 2. c. 6. cent. magd. 2. col . 26 euscb . l. 2. c. 8. opmeeri chron. p. 185. metamerus de ac● demiis hisp . u socrates schol. eccl. hist . l. 7. c. 13. agobardus de judaicis superstit . bibl. patrum . tom. 9 pars 1. p. 564. cent. magd. 4. col . 1081. 1490 x rodericus toletanus de rebus hisp. l. 2. c. 17. vasaeus chron. hisp. 685. jo. mariana de rebus hisp . l. 6. c. 3. sigeberti chro . ado viennensis . opmeerus orbis universi . chronogr . p. 355 cent. magd. 7. c. 14. genebrar . chronogr . y paulus diaconus , l. 17. zonaras tom. 3. cent. magd. 7. c. 15. col . 588. z cent. mag. xi . c. 14. &c. 15. col . 689. a vincentiu● belu . spe. hist . l. 29. c. 25. antonini chron. pars 2. tit. 17. c. 9. mat. paris hist . angl. p. 861. a●b ●●●sp●●g : paral. p. 346. herman . schedel chro. f. 231. cent. mag. 12. ● . 15. col . 1781. genebrardi ●hron . l. 4 ; p. 638. fox . acts & mon. vol. ● . p. 423 , cooks 2 inst . p. 507. seb. m●● . cos● . l. 2 , c. 57. f. 171. b aemilius l. 8. gaguinus , l. 7. genebrardi chronogr . l. 4. p. 634. 660 , 667. heylins microcosme , p. 576. c alberti argentinensis chron . p. 147 , 148. de rebus ge●lis bertoldi p. 177 , 178. d aventinus annal. boior . l. 5. p. 468. e seb. munste●t cosmog . l. 2. p. 72 , 73. 171. hieron . conestaggius de portugal . & cast . conjunct . p. 1064 , 1065. vasaeus chron . hisp. johan . mariana de rebus hisp. l. 26. c. 1. 3. the general history of spain in their lives . genebrardi chronog . p. 380. 634. 660. 667. 703. 705 , 708. heylins microsme , p. 570. opmeeri chronogr . p. 429. * annales domin . colmariensium , p. 25. f see leges wistgothorum l. 12. tit. 2. 3. surius concil . tom. 2. 277. 608. 640. 679. 696. 674. 680. 734. 735. 1092. tom. 3. p. 552. 622. 670. 726. 754. cent. mag. 4. col . 541. 1461. cent . 6. col . 824 cent . 7. col . 588 g surius concil . tom. 3. p. 726. nota. b heylins microcosm , p. 170. i alexander ab alexandro , l. 4. p. 203. plutarch's laconica instituta xenophon de lacaedem . republica , thucidides coelius rhodiginus antiqua in lect . l. 18. c. 5. boemus de moribus gent. p. 199 . * de republ. l. 5. c. 2. k sphaer● civitatis , l. ● . c. 3. p. 435 , 437 , 438. * de repub. l. 5. c. 2. 3. l see thucidides hist. l. 6. p. 506. m cicero de officiis , l. 3. n page 218 , 210 , 220. o antiqu. lection , l. 1● . p. 5. ( p ) alexander ab alexan. gen. dier . l. 4. c. 10 . p purchas pilg●image , l. 4. c. 13 , 19. p. 537 , 538. q 1 tim. 6. 15. col. 2. 10. & 16. rev. 1. 5. c. 17. 14. c. 19. 16 rom. 9. 4. r rev. 4. 9. 10 , 11 ; c. 19. 4 rom. 11. 36. ſ ezech. 2. 3. to 9. acts 4. 19. 20. c. 5. 29. 30 , &c. * 2 kings 19. 3. * acts 13. 45. rev. 2. 9. t tit. 1. 16. 2 tim. 3. 5. 2. pet. 2. 1. jude 14. 1 joh. 4. 3. * see here p. 8. to 15. 18. 24. 32. 33. 64. 65. 67. 68. to 77. 79. u see socrates scholast . l. 7. c. 13. sozomen , l. 4. c. 7. cent. magd. 4. 5. 7. 12 , 13 , c. 14. immo qui regi paruerit pro excommunicato habeatur , qui contra regem fecerit , à noxâ injustitiae , & penurii absolvatur , as sigebertus gemblacensis , chron. au. 1088. writes of pope hildehrand , and his abettors . y mat. 2. 2. c. 27 , 37. lu. 1. 32. 33. rev. 25. 9. * 1 cor. 9. 16 2. tim. 4. 1. 2. * 1 john 4 3. z canterries doom , p. 107. 138 , 491 , 496. a ambros . epist . l. 5. ep. 29. cent. magd. 4. cap. 3. col . 114 to 120. c. 14. 1438 , 1459. nazianzon oratio 2. in julianum socrates schol. l. 3. c. 22. ruffinus , l. 1. c. 28. theodoret , l. 3. c. 20. nicephorus l. 10. c. ●3 . 4. 5. 24 , 25 , 33 f. 32. sozomen . l. 5 c. 22. a see here , p. 49. 50. 1 h. 4. rot . parl. n. 44 , 47 , 50. memineritis , nihil posse judicio fieri contrarium magis , quam sine judicio proscribere aliquem . non sinit lex decretum lege plus valer● : iste cum tot sunt leges , decretum ratum facit , leges tollit : demosthenes , oratio contra timocratem , p. 200. * mat. 7. 2. luk. 6. 37. 38. & rev. 13. 10. obad. 15. & joel 3. 6 , 7 , 8. * lib. 5. epist . 33. & cent. mag. 12. ca. 14. allegat . 1. b see hyperius , osiander , peter martyr , bucer , melancthon ; calvin , selneccerus , marlorat , paraeus , willet , i wilson , and others on rom. 11. dr. prideaux , orat. 6. de vocatione judaeorum ▪ c here p. 63 , 64 , 65 , 66. d paraeus willet , peter martyr . wilson on the place , and dr. prideaux , orat. 6. e see purchas pilgrimage , and pilgrim . edward brerewood his inquiry touching the diversity of religions through the chief parts of the world . e ps . 2. 8. ps . 22. 27. ps . 72. 1. to 18. ps . 67. 3. 4. 6. 7 ps . 86. 9 , 10. ps . 100. 1 , 2 , 3 , 4. ps . 148 , 11 , 12. 1. kin. 8. 43 isay 2. 1 , 2 3 , 4. c. 9. 2. 7 c. ●1 , 10. c. 18. 7. c. 35. 1 , 2 , &c. c. 40. 4 , 5. c. 41. 2. c. 42. 1 , 6 , 7 , 10 11 , 12 , 16. c. 59. c. 6 , 7 , &c. 20 , 21 , 22 , 23 , 24. c. 54. 1 , 2 , 3 , 4. c. 55. 4 , 6. c. 56 c. 56 5 , 7 , 8. c. 60. through out , c. 61. 5 , 6 , 9 , c. 62. ●2 . c. 65. 1. c. 66. 19. to 24. jer. 16 19. dan. 7. 14 , hag. 2. 7. mic. 4. 1. to 8. mal. 1. 10. hos . 1. 10. c. 2. 23. gen. 49. 10. f mat. 12. 21. c. 28. 19 , 20 mar. 16. 15. luk. 2. 32. ioh. 7. 25. acts 9. 15. c. 10. 1. &c 44. 65. c. 11. 1. 18. c. 13. 42. to 49. c. 14. 27. c. 15. 3. to 24. c. 16. 4. to 13. c. 17. 12. c. 18. 9 , 7. &c. c. 19. 10. c. 21. 25. c. 22. 21. c , 26. 20 , 21 , 22 , 23. c. 28. 28. rom. 1. 13. c. 9. 24. 30. c. 10 , 12 , 13 , 18 , 19 , 20. c. 11. 11 , 12 &c. 25 ▪ 30. c. 18. 4. to 30. c. 16. 4. 26. 1 cor. 12. 2. to 24. gal. 2. 2. 16. c. 3. 14. ephes . 2. 1. 11. to 22. c. 3. 6. to 12. col. 1. 6. 23 , 26 , 27. 1 tim : 2. 1. to 9. c. 3. 16. 2 tim. 1. 11. c : 4. 17. rev. 5. 10. c. 6. 9 , 10. c. 11. 15. c. 14. 1. 3. 6. 7 . g 1 tim 2. 3. 10. rom. 3 8. h rev. 2. 9. c. 3. 9. i see cent. mag. 4. to 13. c. 14. par●us com. in ro. 13. p. 1101. here p. 17. antonini chron. pars 2. tit. 16. c. 12. & tit. 17. k jer. 31. 18. ephes . 2. 1. &c. john 3. 8. c 12. 40. phil. 2. 13 . * surius concil . tom. 4. 57 ●ox acts & m●n . vol. 1. p. 913. summa rosella & angelica , tit. judaeus . [ m ] comment . on rom. 11. p. 1101 , 1102. * see my quakers unmasked : and new discovery of free state tyranny . n see here p. 9 , 10 , 12 , 16. o cent. magd. 4. col. 1470. cent. 8. col . 3 joan mariana de rebus hispan . l. 19. p , 481 , 482. munsteri cosmogr . l. 1. c. 19. c. 73. sum. rosella . tit. judaeus . p deut. 7. 5. exod. 23. 35. c. 34. 13 , 14. 2. chron. 30. 14. c. 31. 1 c. 34. 3. to 9. 33 levit. ▪ 17. 12. c. 24. 16. 22. nurin . l. 5 16. 30 , 31. deut. 31. 12. see mr. selden . de jure naturali & gentium , juxta disciplinam judaeor●m . l. 2. and 3. q rom. 10. 1. 1. tim. 2. 1 , 2 , 3 . * 1 cor. 10. 32. * fredericus lindebrogus codex ligum antiqu. leges wis●gothorum . l. 12. tit. 2 , ● 3. laur. surius , concil . tom. 2. p. 277. 322 , 366 , 608. 646 , 634 , 674 , 679 , 698 , 735 , 1042. tom. 3. p. 552. 670. 726 , 754 , 632 , 753 , 495 , 466. concil basilens . sess . 19. surius tom. 4. p. 57 , 56. alexander , 3 decret . l. 5. tit. 6. c. 4 , 5 , 7 , 8. innocentii , 3. opera . tom. 1. p. 488. tom. 2. p. 798 805. graliau caus . 28. qu. 1. panormitan ; ibid. ●n●onii corseti , repertorium in ●ha● . qu. j●de●s cardinalis hostinensis . summa cum additionibus , nicholai superanti● l. 5. tit. 1● de judaeis & saracenis & eorum servis baptista trovomala summa ros●l●a tit. jud●●s angelus de clav●sio summa angelica . tit. iudaeus , th zerul a pra●is ●●fcopa●●s pars ; 1 tit. judaeus , centur. magd. 12 c. 7. iac. de graffiis decin . a 〈…〉 pars , ● . lib. 2. cap. 23. de judaeis & saracenis calderius de judaeis . consil . * see here , p. 35. * yea king eringi●s and leges vvisigothorum l. 12. tit. 3. c. 3. 4. 7. prohibited the jews the use of circumcision keeping of the pass●over jewish sabbaths of and differences of me●ats , und●r pain of whip●ing , consiscation ●f goods losse of noses , goni al● ▪ banishment . r zonaras tom. 3. centur. magd. 9 , c. 14. col . 614. marianus scotus . general hist . of spain , p. 775 458. ſ alarini poloni supputationes . anno 876. sigeber●i chron . grimston and others in his life . t see here , p. 31. 71. * cambden , speed , and others in her . life . u constitut . l. 2. constit. 22. oper. tem. 2. p. 798. x summa li. 5. tit . 11. de judae●s , &c. y c●nsil . 87. & ●64 . z repertorium in ab. panormitan . tit. judaus fac . de graff . decis . aur. tom. 2. l. 2. 23. sect. 60 . allegat . 2. answer . a surius concil . tom. 3. p. 534. b see here , p. 2. c hironimus conestaggius de portugal et castil . unione . p. 1064. 1065. opmeris chronog . p. 429 d cosmogr . l. 2. p. 171. vincentius , l. 29. c. 25 , gaguinus and others . e ezech. 22. 27. f icr. 22. 17. g phil. 2. 20 , 21. h ephes . 5. 3. col. 3. 5. i lu. 12. 15. k ephes . 5 , 3. l heb. 13. 5. 1 tim. 6. 9 , 10. n 1 tim. 6. 6. o mat. 26 , 15 , 16. c. 27. 3 , 4. p mat. 1 , 2 , 3. 4. q ezech. 22. 12 , 13. r acts 8. 18 , 19 , 20. ſ exod. 22. 21. c. 23. mic. 2. 1 , 2. c. 3. 2. 3 , 4 , 9. zeph. 3. 3. ezech. 22. 27. 28. jer. 22. 17. mal. 37. levit. 13. 34. baptista ●●ouomola , sum rosella iudaeus . 2. ●ngelus de clavasio , sum angelica iudaeus , sect . 30. oldradus consil . 83. 264. iacobus de grassus decis . aurearum . tom. 2. l. 2. c , 23. sect. 60. gratian. caus . 23 qu. 7. t see mat. paris , and others in their lives . * here p. 33. 34. 38. to 46. 74 , 75. john stowes survey of london 1633. p. 288. 289. * see my legal & historical vindication , of the fundamental laws & liberties of england , part . 1. p. 60 , 61 , &c. part 2. p. 65. to 80. si quis mercatores novis thelon●orum , & pedagiorum exactionibus molestare tenta verit christiana communione car●at , donec satisfecerit , gratian caus . 24. q. 3. vincen●ii spec. doctrin . l. 10 , c. 163. u qui sentit onus , s●ntire debet & commodum ; is , and o●ght to be law in this case . * see 5 r. 2. stat. 2. ch . 3. * see my historical vindication , part 1. p. 64. x surius concil . tom. 2. p. 734 , 735. ( y ) ambrosii epist . l. 5. epist . 29. ag●bardus de judaicis superstitionibus . ●●bl . pa rum , tom 9. p. 516. tripart . ●●ist . l. 3. c. 1. l. 9. c. 1. zonares tom. 3. cent. magd. 4. col . 1165. 1166. * as every jew is . * the case of every jewish spirit . a full reply to certaine briefe observations and anti-queries on master prynnes twelve questions about church-government: vvherein the frivolousnesse, falsenesse, and grosse mistakes of this anonymous answerer (ashamed of his name) and his weak grounds for independency, and separation, are modestly discovered, refelled. / by william prynne of lincolnes inne, esquire. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91190 of text r210038 in the english short title catalog (thomason e257_7). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 103 kb of xml-encoded text transcribed from 13 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91190 wing p3966 thomason e257_7 estc r210038 99868873 99868873 159224 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91190) transcribed from: (early english books online ; image set 159224) images scanned from microfilm: (thomason tracts ; 44:e257[7]) a full reply to certaine briefe observations and anti-queries on master prynnes twelve questions about church-government: vvherein the frivolousnesse, falsenesse, and grosse mistakes of this anonymous answerer (ashamed of his name) and his weak grounds for independency, and separation, are modestly discovered, refelled. / by william prynne of lincolnes inne, esquire. prynne, william, 1600-1669. 24 p. printed by f.l. for michael sparke senior, and are to be sold at the blew-bible in green-arbour., london, : 1644. annotation on thomason copy: "octo: 19th". reproduction of the original in the british library. eng goodwin, john, 1594?-1665. -certain briefe observations. prynne, william, 1600-1669. -twelve considerable serious questions touching church government. congregationalism -early works to 1800. a91190 r210038 (thomason e257_7). civilwar no a full reply to certaine briefe observations and anti-queries on master prynnes twelve questions about church-government:: vvherein the fri prynne, william 1644 18123 57 0 0 0 0 0 31 c the rate of 31 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-06 tcp assigned for keying and markup 2007-07 aptara keyed and coded from proquest page images 2007-09 emma (leeson) huber sampled and proofread 2007-09 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a fvll reply to certaine briefe observations and anti-queries on master prynnes twelve questions about church-government : wherein the frivolousnesse , falsenesse , and grosse mistakes of this anonymous answerer ( ashamed of his name ) and his weak grounds for independency , and separation , are modestly discovered , refelled . by william prynne of lincolnes inne , esquire . socrates scholasticus eccles. hist. l. 5. c. 20. ecclesia cum semel esset divisa , non una divisione acquievit , sed homines ab se mutuò aversi , al●er ab altero denuò scesserunt ; atque adeò exigvam levicvlamqve occasionem nacti , mutuae communionis consociationisque vincula disruperunt . mark 9. 50. have salt in your selves , and have peace one with another . iohn 18. 37. to this end was i born , and for this cause come i into the world , that i should beare witnesse unto the truth . gal. 4. 16. am i therefore become your enemy , because i tell you the truth ? london , printed by f. l. for michael sparke senior , and are to bee sold at the blew-bible in green-arbour . 1644. a full reply to certaine briefe observations and anti-queries to mr prynnes twelve questions about church-government . of all the vanities and vexations of spirit , enumerated by the royall preacher , this is one of the principall , a that for all travell , and every right worke , a man is envied ( yea , many times hated , oppugned ) by his neighbour . this hath been alwayes my condition heretofore and now ; my best actions and publike services for the common good , have been misconstrued , traduced , nay censured in an high degree , as evill , by many ; though ( blessed be god ) approved , yea gratefully accepted by the best-affected to the felicity , tranquilliry of church and state . the importunity of some reverend friends , lamenting the deplorable distractions of our church , which threaten disunion , and so ruine to us , in these unhappy times of intestine warres , prevailed so farre , as to induce me to compile and publish twelve considerable serious questions touching church-government ; out of a cordial desire ( as much as in me lay ) to close up , not widen our divisions . which though they have given ample satisfaction to many truely religious , of all ranks and qualities , who have returned me speciall thanks ; yet they have found very harsh entertainment from others , who of friends b are become my professed antagonists ( if not enemies ) in print , because i have told them the truth : to whom i should have returned no reply but silence ( there being nought in these observations worthy answer ) but only to rectifie some mistakes therin , and shew the opposite party those common errours whereby they deceive themselves and others . the first thing this namelesse respondent quarrels with , is c for my writing by may of quere ; to which i answer , that i had both presidents and reasons for it . presidents , from our saviour himselfe , who both instructed , refuted , convinced his opposites and auditors by demanding questions onely , luk. 2. 46 , 47. matth. 11. 1 , to 20. c. 12. 3 , to 13. 26. 27. 29. c. 21. 23 , to 43. c. 22. 18 , to 23. c. 16. 26. presidents from philosophers , fathers , school-men , and all sorts of writers , ancient ▪ modern , over-tedious to recite . reasons : 1. i conceived the questions touching church-government were not rightly stated by most ; and that the right stating of them by way of question , would be the best and speediest meanes to decide them . 2. the independent party had neither then , nor since ( to my knowledg ) dogmatically resolved or discovered in print , what that church-government is they so eagerly contend for , and pretend to be so plainly set down in the word of god : and therefore i conjectured such queries to be the onely meanes to discover and refute their concealed platforme . 3. the controversies concerning church-government , were then and now in agitation in the synode and high court of parliament , the properest iudges of them ; therefore i thought it better became me in point of modesty and good manners , to expresse my opinion of them by way of question , then decision . finally , i found all independents guilty of petitio principii , in their writings , sermons , discourses , peremptorily concluding their forme of church-government , to d be the onely government instituted by christ , the only way of god , which hath more of god and christ in it then any other ; the kingdome , scepter , and throne of christ himselfe , and no other way beside it ; e that by the beauty and perfect consonancy of this government with the word of god , it may very reasonably ( yea , and upon higher termes then of reason ) bee thought , that in time it cannot bvt overthrow all sorts of ecclesiasticall government , ( and i feare civill too by the selfe-same-reason ) and stand vp it selfe in their stead ; which they close up with a , faxit deus & festinet : and , that writing or disputing against this government , or opposing it in any kind , yea in thought , is no lesse then f a fighting against god , which will bring certain ruine on our realme in generall , and all private , open opposers of it : yet not one of them ( nor this respondent ) hath hitherto fully discovered to us , what this way or government is ; nor produced any one scripture or reason to warrant these superlative encomiums of it , but we must take all they say as gospel , upon their own bare words , without examination or dispute : and therefore i proposed these , with 12 other subsequent questions to them ; to induce them to make good these transcendent ( that i say not arrogant ) positions touching their way ; since i seriously professe before god , angels , and men , that i could never yet discover the least footsteps of it in scripture , or antiquity , nor defery this their patern in the mount , which no age till ours had ever the happiness to behold ; if it be worth the viewing , when unvailed by them to us . having thus given this respondent the true grounds of my writing by way of question , i shall briefly answer all his materiall observations and anti-queries upon my twelve questions , pretermitting his impertinencies . 1. to the first question the respondent gives no answer at all to the things demanded , but only misrecites the question , without my limitations ; and then seemes to refute , what himselfe propounds , not i : he should have demonstrated by direct scriptures , that christ hath prescribed one set immutable forme of government to all christian nations , churches in the world , from which none must vary in the least degree , without sinne , schisme , or being no true churches of christ , with whom good christians may with safe conscience communicate ; that nothing herein is , or can be left free to humane prudence : and then have positively delineated , exactly proved the modell of this pretended government , discipline , in every particle thereof , by gospel-texts , so far as to satisfie mens erronious judgments , consciences herein , that so they might either submit thereto without dispute , or propound their objections against the same . but in this maine point ( whereon the hinge of the controversie turnes ) the respondent is wholly silent , and i shall expect his answer ad graecas calendas . only lest he might seem to say nothing , he endevours to prove , that there is a set forme of church-government prescribed by christ in the gospel , not by direct texts , but from pretended absurdities of his owne fancying , ( for which he can produce no text nor reason ) wherein he hath prevaricated , and shewes himselfe absurd . first , ( writes he ) if this were granted ( that there is no such set form of church-government prescribed to all ) the gospell would be * straiter then the law , christ more unfaithfull then moses . if we deny these absurd consequences , you shall have these sound proofes of both subjoined ; god set a patterne to * moses of a carnall temple , ( you mistake good sir , it was a tabernacle , and that not carnall ) which he charged him not to vary from in a tittle : ( well , i grant it , because you produce * two full scriptures for it ) ergo , he hath prescribed a set pattern of church-government and discipline to all christian nations , churches in the new testament , from which they must not vary in one tittle . if he ( or any other ) can shew me such a pattern as he contends for , so clearly delineated to us in the new testament , as that pattern of the tabernacle god shewed moses was in the old , and then produce as direct precepts enjoyning all christians , republikes , churches , not to vary from it in one tittle , as moses had not to vary from his , i shall beleeve his sequell ; till then i shall deeme it a true independent argument , and as grosse a non-sequitur as this , which necessarily followes upon the concession of it . god shewed and prescribed to moses the expresse pattern or fashion of aarons and his sons garments , ornaments , under the law , exod. 28. ergo he hath likewise shewed and prescribed the expresse pattern , fashion , and colour , of all bishops , presbyters , ministers garments , ornaments under the gospel , ( most likely in the roman ceremoniall and pontificall . ) if the one consequence be ridiculous , the other must needs be so . but to quell this your principall argument , first , the patterne in the mount was meant onely of the materials , forme , vessels and utensils of the tabernacle , not of the government and discipline of the iewish church ; therefore very impertinent to prove a setled church-government , discipline , under the gospel . secondly , it was shewed only to moses , the temporall magistrate and chief ruler of the israelites ; not to aaron , or any private independent priest or synagogue of the iewes ; yea moses ( not they ) was to make , or see all things made according to the pattern in the mount ; ergo ( if there be any consequence from this patterne ) not the independent minister or congregation , but kings , chief temporall magistrates , and parliaments ( the supreme civill powers , councels , are likewise ( under the gospell ) to prescribe and set up such a church-government as is agreeable to gods word : as moses , joshua , david , solomon , hezekiah , josiah , nehemiah , and other godly princes , governours , with their parliaments or generall assemblies did under the law : and then what becomes of your independent ministers , congregations claimes to this soveraigne temporall jurisdiction , ( a part of christs kingly office , delegated onely to kings , and highest temporall powers ) which was never conferred on them ? in fine , if there be any such expresse unalterable divine patterne of church-government under the gospel , i pray informe me , why it was not as punctually , as particularly described in the new testament , as the forme of the tabernacle , of its materialls , with all the services , ornaments , appurtenances of it , and of the temple were under the law ? nay , why was the tabernacle altered into a * temple , different from it ? and why did the second * temple vary from the first , and that in the self same church and nation ? if these were patterns of the church-government under the gospel , and yet varied , altered successively in this manner ; then by consequence the government , discipline under the gospel is variable , alterable too , and so not fixed , nor immutable . his second argument , that christ should neither be faithfull as a husband , head , nor king of his church , if he should give others power to order it as they pleased to their owne civill government , not setting downe his owne lawes for them to walke by , is both a fallacy and absurdity . there is no man doubts but that christ in the scriptures ( which some of you refuse to heare read in our churches , though * publicke reading of them be gods owne ordinance ) hath prescribed to us all necessary rules and lawes both for our faith and lives , either in a generall or speciall manner ; but that christ hath punctually and particularly set downe any exact unalterable form of church-government , for all christian nations , churches to follow , under pain of being unfaithfull in all the former respects ; and that the independent modell alone is that very patterne ( the onely point in question ) remains on your part to make good . a man may be a faithfull husband , king , master , father , though he prescribe not distinct particular lawes , to regulate each particular action of his wife , subjects , servants , children : * let all things be done decently and in order , ( a generall rule for church-government ) is sufficient to excuse christ from these your presumptuous reproaches ▪ and regulate all particulars , though left indefinite . his third argument , that rev. 11. 1 , 2. we read of a † measuring of the temple ; and rev. 21. 1 , 2. of the new jerusalem comming downe from god out of heaven prepared as a bride adorned for her husband ; ergo there is a setled divine church-government universally prescribed to all christians in the new testament ; is no better a proofe of this assertion , then the angel of the church of ephesus , is of our prelates lordly hierarchy jure divino . he might as well , yea more properly have concluded thence , that the altar was measured as well as the temple , revelat. 11. 1. ( referring onely to the * jewish not christian church , which hath no * temple nor altar : ) ergo we ought to have an altar , yea and one set form of altars in all christian churches under the gospell : which i hope you dare not averre . after these three independent arguments , he pretends my third quere contradicts the first , because i suppose a church-government may be consonant to gods word in the generall , which is not particularly prescribed in it : a pretty fancy ! as if nothing could be consonant to gods word , which is not particularized or verbally enjoyned in it : are not our materiall churches , garments , temporall magistrates , majors , corporations , parliaments , courts of justice , laws of all sorts , yea festivals , covenants , monthly fasts , &c. consonant to gods word , because not literally prescribed in it ? are your private church-covenants , unmixt communions ( as you phrase them ▪ ) erections of independent congregations without the licence of temporall magistrates , not consonant to the word in your owne opinions , though no where extant in it ? if not , then all your divine pretences for them vanish and you yeeld your cause : if yea , you must then recant this pretence of a contradiction , till you are able to prove it better then yet you have done . having played the logicians and contradictors part so well , he next betakes himself to his anti-queries to prove a set church-modell : which are three . 1. if no preseript forme ( of church-government ) in the word , why not episcopacy ( especially regulated and moderated ) as well as presbytery ? i answere , if you meane it of lordly episcopacy , there are abundant pregnant texts against it , to prove it opposite to gods word . if of moderated or regulated episcopacy , the same with presbytery : if the parliament by the synods advice unanimously establish it , as most consonant to the scriptures , and most agreeable to the civill government , i shall readily submit unto it without opposition , and why not you and all others ? 2. if church-government be suited to states , whether politicians are not more fit to consult about establishing it ? why is an assembly of divines called to search the word about it ? i answer , that my position is , that every church-government ought to be suitable to gods word , as likewise to the civill state ; therefore politicians and states-men are fit to be consulted with , to suit it best to the civill state ; and an assembly of divines , to square it likewise by and to the word : the true reason why in this our realme , and all other christian states ( as i can abundantly manifest if need be ) ecclesiasticall lawes and formes of government have ever been setled by parliaments , with the advice of synods , councells , wherein states-men and church-men have jointly concurred in their deliberations and votes , using both the bible and the law to settle it , and not throwing either of them aside , as incompatible , as ignorant or lawlesse persons deeme them , but joyning both together . to his third anti-quere i answer , that it is more reasonable the * state should be subject to christs rule , then christ to its direction : but this quere is quite besides the question , till you prove infallibly , that christ hath prescribed a set unalterable divine government , to which all churches , nations , states , must necessarily conform ; and clearly manifest what this government is in all its particulars . till this be done the sole question is , whether christian princes , parliaments , states , synods , under the gospel , have not a lawfull power to prescribe ecclesiasticall lawes and forms of government , not repugnant to the word , not to christ himself , ( as you pretend ) but to all particular churches , congregations , subjects under their respective jurisdictions ? and whether the whole representative church and state of england in parliament , have not sufficient authority by gods law to over-rule and bind all , or any particular members or congregations of it , as well as the major part of an independent congregation , power to * over-vote and rule the lesser part , and to order , yea bind any of their particular members ? a truth so clear , that no rationall man good christian or subject can deny it . as for the latter part of this querie , that the saints think christ is king alone over his churches , and hath not left them to substitutes , and the politick considerations of men to be governed by ; if he meanes it onely of matters of faith , or of internall government over the soules of men , it may passe as tolerable ; but if he intends it of externall ecclesiasticall government , discipline , or order in the church , or state as christian , hee must renounce his oath of allegeance , his late protestation , nationall vow and covenant , and make rom. 13. 1 , to 6. 1. pet. 2. 13 , 14. tit. 3. 1. 1 tim. 2. 1 , 2 , 3. to be apocryphall ; the confessions of all protestant churches heterodox ; and deny christian kings , magistrates , and highest civill powers , to be christs substitutes , vicars , in point of government , ( to whom christ hath delegated his kingly power ) as truely as ministers are his deputies in point of instruction , admonition , to whom he hath bequeathed his propheticall office . 2. in his answer to my second quere , he first wilfully misrecites it , then infers † a blind obedience from it to all superiours commands , be they never so unjust or contrary to gods word ; whereas my question speaks onely of lawfull decrees , &c. consonant to gods word , and to the civill lawes , government , and manners of the people ; to which every christian in point of conscience is bound to submit , ( without any danger of blinde obedience ) by the expresse resolution of rom. 13. 1 , to 6. 1 pet. 2. 14 , 15. tit. 3. 1. ezra 7. 26. josh. 1. 16 , 17 , 18. heb. 13. 17. if any man deny this verity , he must renounce not onely his christianity , but his allegeance and humanity too . but suppose ( saith he ) the whole parliament and synode should erre in commanding a government that is erronious or untrue , must we then submit unto it ? i answer , first , such an oversight is not to be presumed before it be actually committed ; and it is neither * christian , charitable , nor any way of christ , thus to prejudge their resolutions . secondly , if the decrees or government they establish be not directly against gods word , nor pernicious to our soules , though not altogether such as we could wish , yet we ought contentedly to submit unto it without opposition : if contrary to the word , we must then passively submit thereto for the present , and expect a redresse in gods due time . but if it be such a government and discipline , under which we may freely enjoy the sincere and powerfull preaching of the word , the due administration of the sacraments , and all other ordinances of god necessary for our salvation and edification , ( as we may doubtlesse do under a presbytery , and that government our pious parliament intends to settle ) we ought cordially and cheerfully to submit thereto ; yea thankfully to embrace and blesse god for it , and can neither waiwardly oppugne nor refuse submission to it , without arrogancy , contumacy , and apparent schisme . as for his question concerning my owne and fellow-brethrens sufferings , ( which we deeme our honour , not our shame ) i answer , that none of us suffered for opposing , writing , or speaking against the bishops legall authority , or any ceremonies established in our church by act of parliament ; but onely against their pretended divine right to their episcopall lordly power , diametrally contrary to scripture , fathers , councels , the best protestant and popish authors , the * statutes of our realm ; and against their innovations in doctrine , discipline , ceremonies , canons , &c. contrary to the lawes of the land , articles , and homilies of our church ; as the parliament hath resolved , yea all our books demonstrate , and dr bastwicke in direct termes , in the preface of his flagellum : and therefore it could be neither pride , arrogance , nor schisme , but meer conscience and duty in us , to oppose them in these their usurpations and innovations only , contrary to the laws of god and the realme : if he and his would containe themselves within these our bounds , our church should enjoy more peace , their persons more honour , then now they are likely to gaine , by opposing , prejudicating both the parliaments and synods proceedings , though never so pious , consciencious , religious . 3. his pretended contradiction of the third quere to the first , is formerly answered ; i shall onely adde , that things may be consonant to the generall rules of gods word , though not precisely prescribed in it : yea , independent ladies and gentlewomen , ( and you i hope ) will grant , that their different fashions , habits , colours , attires , are all agreeable to gods word , ( if modest ) and warranted by this generall precept 1 tim. 2. 9. let women adorn themselves in modest apparel , though not particularized in the text : so may a church-government or dresse be consonant to scripture , though not precisely delineated or enjoyned by it . to the fourth he gives no answer at all , but bids me prove it ; which i have done already in my independency examined , till it be disproved . to the fifth , he grants that independency will overthrow all nationall churches and synods ; and the two independent brethren assure us in their reply to a. s p. 111 that in time it cannot but overthrow all other sorts of ecclesiasticall governments : is it not then a turbulent , dangerous , schismaticall , unquiet ( that i say not insufferable ) government , by your owne confessions , which will admit no equall nor corrivall ; nor yet any nationall church , synod , parliament , prince , or temporall magistrate , to exercise any , ecclesiasticall , legislative , or magisteriall authority over any of their conventicles , members , persons , liberties , estates , much lesse their consciences , as they are christians ? will any parliament , state , or nation , ( thinke you ) suffer such a government to take root among them , which will un-king , un-parliament , un-church , un-nation them altogether , and make each severall congregation an absolute monarchy , church , republick , nation , within it selfe , depending on , subordinate wholly to it selfe , as if it and they were no part or members of the publike ? the lord preserve us from such a dividing and overturning government . as for his invectives against the formality , tyranny , and enslaving of mens judgments in the presbyteriall way , as inconsistent with spirituall liberty and state priviledges , they are meere groundlesse calumnies , to draw an odium on it , ( some of your male-contented party professing they would rather set up lordly episcopacy , which they have abjured , then it ) whereas these aspersions suit better with your independent modell , which is more rigid , uncharitable , unsociable , papall , tyrannicall , anti-monarchicall , anti-synodicall , yea anti-parliamentall , ( as i have elsewhere manifested ) then any other church-government whatsoever . as for my pretended bitter expressions , they are so suitable to the effects and reall consequences of this new way , ( as you stile it ) that i could not expresse my self in other language , without injury to the truth : and if any of my best friends , who stood by me in my sufferings , deem themselves injured or reproached by them , ( as you pretend , though none of them have yet complained to me ) it is ( i hope ) onely scandalum acceptum , non datum ; and i presume my friends are so ingenuous , as not to be offended with me for * reproving only their errors with ingenuous freedom , in which i manifest my self their greatest friend , because i neither spare not flatter them in their mistakes : however , though i really honour all my christian friends , as well independent as presbyteriall , ( whom you most scandalously traduce as episcopall and time-servers heretofore ) yet i preferre the * truth of god , the peace , and safety of my native , bleeding , dying church and countrey , ( now much endangered by our unhappy divisions ) before all friends or earthly comforts whatsoever . as for your pretended unsubjection of pre●byterian synods and churches to the parliament in setling ecclesiasticall matters , i neither know nor plead for any such ▪ and our present assembly being both appointed , directed by , and submitting all their determinations wholly to the parliament , ( as they are obliged both by orders , protestation , covenant , and professe they ought to doe ) armes me sufficiently against any such improbable untrue surmise . 6. to the sixth quere he returnes no answer , but plainly yeelds , that there was never any independent church in any age or nation whatsoever , totally converted to the christian faith , till this present ; nor any one author that maintained it , till mr ainsworth ( a separatist ) from whom the apologists professe their dissent in some things . as for any reverend godly persons who now contend for this new modell , though i reverence their persons , judgements too in other things , yet i cannot subscribe to them in this new dangerous by-path , which is not yet so beaten as to deserve the name of christs road-way . for the new supposed light ▪ discovered in these dayes , touching church-government , if you meane it onely of your independency , ( which you borrowed from the brownists , or low-countrey anabaptists , the first inventors of this government ) i doubt when brought out to the light , and examined by the word of light , it will for the most part prove but twilight , if not darknesse : if you meane it of any other light , that is truely such , we blesse god for it , and desire to walke brotherly and unanimously in it . in the seventh he grants , that the law of nature , which instructs men to unite themselves into one nationall state , or civill government , doth likewise teach them to joine themselves into , subject themselves unto one nationall church , and to nationall synods , parliaments , in point of church-government ; in which every particular man hath his vote , though not in proper person , ( since all cannot possibly assemble ) yet in their deputies , knights , burgesses , or selected commissioners : and though it be true that christ hath not given magistrates such absolute authority over mens consciences as bodies , ( as you object ) yet he hath enjoyned us to be * subject to the higher powers , and to every lawfull ordinance of man ( not repugnant to his word ) even for conscience sake , and the lords sake too . for my passage , that there is no example of gathering independeut congregations , not of infidels but of men already converted to , and setled in the christian faith , unlesse derived from the private conventicles of arrians , novatians ; donatists , and other hereticks , who yet were not independent among themselves ; it is not a bitter speech , ( as you phrase it ) but a true one , and onely bitter to you because undeniable : for as it was the * common practice of those seducing hereticks , sectaries , to gather private conventicles of their own , and labour to draw other orthodox christians from their proper ministers , to incorporate themselves into their private separated congregations , as historians informe us : so no such practice of alluring and stealing away other pastors sheep from their proper shepheard , who first coverted them to , and edified them in the faith and grace of christ , can be produced , but only in these hereticks and sectaries , whose practice your independents imitate . as for those private conventicles ( as he phraseth them ) for which he saith i may blesse god , that i was remembred in them with tears , when others durst not name me ; as i do really blesse god for them , and those who remembred me effectually in them , so i dare not stile them conventicles in an ill sense , since not † such by law , being only lawfull assemblies of private christians to seek unto god by prayer & fasting upon extraordinary occasions , which all good christians cannot but approve : but all these meetings were farre from being then stiled , reputed independent churches , or having any affinity with them ; so as they make nothing for his cause . to the eighth quere he gives a negative answer , first in generall , next in particular to some instances . first he grants , that there was a nationall church ( yea nationall assemblies , parliaments , determining church-affaires , ) of the jewes , but these ( saith he ) cannot be a pattern for its now , because the covenant of the gospell is not made with any one particular nation , as with the jewes , but to all nations that embrace the gospel , and beleeve in christ ; you have no promise nor prophesie of any nation to be holy to god but the jewes nation , when they shall bee called againe . to which i reply , first , that independents have not the least precept or example for any solemne covenant made betwixt god and men to walke in the wayes of god , &c. but onely * in the old testament , and church of the israelites , and that no private congregationall , but publike nationall covenant , prescribed by the supreme temporall magistrate and assembly , not by the priests or private synagogues ; yea the principall precepts , presidents for publike or private fasts , sanctifying the sabbath , &c. you likewise derive from the old testament and that church ; why then should not their nationall church be a pattern for us , and you to imitate , as well as their nationall covenant , fasting , sabbath-keeping ; the church of god being all one , ( as it is a church ) both under the old teastament and new ; and the pattern of it under the law a better pesident for the church under the gospel , ( of which it was a type and fore-tunner ) then the pattern of the tabernacle shewed in the mount ( so frequent in your lips and books ) a president for your independent modell , to which it hath no analogy . 2. this reason is most absurd and false , the covenant of the gospel extending not onely to particular persons , but to † all nations and people whatsoever , who are both prophesied and promised to become christs own inheritance , possession , people , spouse , church , and to be an holy nation , a pecvliar people &c. to the lord , in infinite texts both of the old and new testament , which i wonder the respondent should either not see , or forget , being ten thousand fold more cleare and visible then his independent platforme , which few or none can yet espy in scripture , history , or politiques . 2. he addes , that i cannot shew any nation , every member whereof is qualified sufficiently to make up a church , which is christs body , unlesse i will take in drunkards , whore-masters &c. to be members of a church , whereas the word saith , they must be visible saints , and this cannot be avoided in a nationall church . i answer that i dare not be wiser then my master christ who informes me , that there will , and must be alwayes in the visible church on earth ( be : it nationall , parochiall , presbyteriall , or congregationall ) * goats among the sheep , chaffe among the wheat ( which must grow together till the harvest , at the end of the world , to wit the day of judgment ) & good fish mixed with the bad in the churches not. 2. i finde a a judas , a devill , among the apostles , many b grosse sinners idolaters , and corruptions in the jewish church ; many abuses , epicures , drunkards , whore-masters , libertines , uncleane persons , and false teachers , in the churches of galatia , ephesus , colosse , pergamus , smynna , thyatira , and laodicea ; yet the scripture expresly stiles them c the body and churches of christ and rep●tes such , members ( though corrupt ones ) of those churches ; who doe not actually cease to be members when excommunicated or suspended for a season , after they are baptized , and professe the christian faith : nor did any separate from these churches , though they had some corruptions and evill members . for you therefore to separate from , and unchurch such nationall or parochiall churches , which have such members in them , is to unchurch all churches both in the old and new testament and the world it self , yea your own churches too . 3. the scripture is expresse , d that many are called , but few chosen and saved ; that all must be compelled to come into the church , though they want the wedding-garment : there never was , nor shall be here on earth , any one visible church compacted wholly of reall elected saints , without any mixture of reprobates ; such a church we shall meet with onely in heaven , i am sure you can gather none such on earth . 4. are there no corrupt or drunken members in your independent churches , but onely reall visible saints ? are there no usurers , oppressors , corrupt dealers , covetous , proud , malicious , uncharitable , censorious persons ; no apparent hypocrites or dissemblers ? yea , are there not many sinnes and corruptions in the best , the choicest of all your members ; ( who cannot depart away , or quite separate themselves from their owne bosome corruptions , ) as there is and will be in the best of men during their mortality ? if your independent congregations consist of such members as these , of men subject to like passions , sinnes , infirmities as others in presbyteriall churches , what then is become of this your reason and principall ground of independency , or rather , separation , or brownism , its ancient proper title ? you may lay it up in lavander for another world , but can make no use of it in this , where you cannot so much as dream of a church of reall saints , without any mixture of corruption . 3. for his answers to that of acts 15. all ages , churches , till this present , have held it both an expresse warrant and president for the lawfulnesse ▪ , usefulness of nationall and provinciall synods to determine differences in religion , ( which particular churches , persons cannot decide ) and making necessary canons for church-affaires ; neither can all his shifts elude it : to his first and second reasons , or rather evasions i answer , it is clear by act. 15. 2. that the church of antiech it selfe could not decide the question , nor paul nor barnabas satisfactorily determine it , so farre as to quiet all parties ; and therefore they sent delegates to the apostles and elders at hierusalom , there to decide it : none is so ignorant but knowes , that there are many controversies now on foot concerning doctrine , discipline , and church-government , which no particular congregations , ( nay hardly an whole synod and parliament together ) are sufficient to settle and determine ; therefore there is a kinde of necessity of nationall synods as well as of parliaments , whence all ages , churches , have used them . to his third reason i reply , that it is evident by expresse words vers. 2. 5. 6. 7. 10. 19. 20. 24. that the principall end why the apostles went up to hierusalem , and why this synod assembled was not to prove the false apostles lyars , ( as he assirmeth ) but to debate and consider this qvestion and matter , whether the gentiles ought to be circumcised ? to his fourth , i say , that though this meeting was occasional , yet it i● a sufficient warrant for generall meetings , which are usually called , only upon speciall occasions of moment : in it there was a generall assembling of all the apostles , elders , and brethren at hierusalem , ( where there were then divers particular congregations , as , our assembly long since resolved from acts 2. 6. 41 , 42. 46 , 47. c. 4. 4. c. 5. 14 15 , 16 , 42. c. 6. 1 , to 9. c. 8. 2 , 3 , 4. c. 11. 1 , 2. c. 12. 12 , 13. c. 21. 17 , 18 23 , 22. which if independents deny , then they must prove , that all the apostles and elders at hierusalem were pastors but of one and the self-same individuall congregation ; and then what becomes of their independent churches , which have no apostle , and onely one pastor , but scarce any elders in them ) who upon this speciall and some other publike occasions met all together , and that not to advise onely , but determine and resolve , as is evident by vers . 6. to . 32. c. 16. 4. c. 21. 25. which compared with the texts of the old testament in the margin of my quere , where we finde frequent nationall generall assemblies , synods , or parliaments ( if i may so stile them ) among the israelites ( prescribed , appointed by god , and no wayes contradicted , revoked under the gospel ) determining † all ecclesiasticall controversies , setling , ordering all church-affaires , matters concerning the arke , temple , sacrifices , passeover , priests ▪ nationall covenants , fasting-dayes , festivalls , suppressions of idolatry , false-worship , reliques of idolatry , and the like ; are an impregnable evidence of the lawfulnesse of nationall synods , parliaments , assemblies , in all christian kingdomes , republikes , upon the like occasions , and that they are endued with equivalent authority ; there being no one text in the old or new testament , nor any shadow of reason , ( but meer shifts or obstinacy of spirit against publike goverment , order , and authority ) to controll it . if any pretend they doe it onely out of conscience , if they will but seriously gage their owne deceitfull hearts , i feare their conscience will prove but wilfulnesse , having neither precept , president , nor reason to direct it : so as i may truely retort his owne calumny against me on him and his , that his and their own name , will , or opinion , is their onely argument against this shining truth , which all ages , churches , have acknowledged , ratified , practised , without the least dispute . to my ninth quere , and arguments in it , he returnes nothing worthy reply , but upon this petitio principii , or begging of the thing disputed ; that the scripture and apostles have prescribed a set forme of government in all after ages for the churches of christ , which he neither can , nor endevours to prove ; and that churches in the apostles dayes were independent , though doubtlesse all churches were then subject to the apostles lawes , orders , edicts , decisions , though no immediate ministers or pastors of them , ( as appeares by their epistles to them ) therefore not independent : so as my arguments hold firme , and his answers weak . as for his retorted argument ; that the scriptures were writ in the infancy of the church : therefore wiser and better scriptures may be writ now ; it is a blasphemous and absurd conclusion , they being all writ by the spirit and inspiration of god himselfe , the very * ancient of dayes , who hath neither infancy nor perfection , as the church hath . to his second , that i would needs make a nationall church , state , more perfect , understanding , and wise , th●n a congregationall : i feare not to averre it , since your selves must grant , that the church under the law was more perfect then that before it ; the church under the gospel more perfect then that under the law ; and the churches under the gospel , at the end of the apostles dayes , when furnished with more divine knowledge , scriptures , gospels , officers , and rules of faith , manners , discipline , more compleat and perfect then at their beginning to preach : no man doubts , that though a * new-born infant and christian have all the parts and members of a man and saint , yet they have not so much perfection , understanding , knowledg , judgment , strength of grace , or spirituall wisdome , as grown men and christians . an aged , expetienced , growne minister ; christian , is more compleat and perfect theu a new converted † novice , or babe in grace ; ergo a growne and nationall church , then one but in the embryo . your independent churches , in their primitive infancy , when they had but two or three members onely in them , and wanted both elders , deacons , and other necessary church-officers ( as mr. sympsons church first did ) i am certain in your own opinion were not so complete and mature as you intended to make them afterwards by degrees : a village is not so complete a republike or corporation as a city , nor a city as a † kingdom , nor a family as a county , nor a consistory as a synod , nor a court of aldermen as a common-councell , nor that as a parliament : therefore an independent singular congregation not so complete as a nationall church , being oft enforced to pray in the aid of other churches for advice , assistance &c. ( as your selves confesse ) which an whole nationall church need not to doe . in fine , himselfe confesseth , that the apostles made new rules for government and discipline as occasion served ; and that as god fitted occasions , so he made knowne new rules successively by degrees , not at once ; and added new officers , as evangelicall bishops , elders , deacons , widowes , evangelists , doctors , pastors , teachers ( which some distinguish from presbyters , and define to be severall offices : ) therefore the infant church in the apostles dayes was not so compleat , perfect in all parts , as the multiplied and growne churches afterwards . my tenth quere he wilfully misrecites , as he doth the rest ; else he had not the least shadow of exception against it , as i propounded it , and then returnes an answer by way of dilemma to it : to which i reply , that if the parliament and synod shall by publike consent establish a presbyteriall church-government , as most consonant to gods word , the lawes and reiglement of this kingdome , independents and all others are bound in conscience to submit unto it , under paine of obstinacy , singularity , &c. in case they cannot really prove it diametrally contrary to the scriptures , and simply unlawfull in point of conscience , not by fancies , or remote inconsequences , but by direct texts and precepts , ( which they can never doe ; ) and that because it is thus commanded , established by the higher powers , to which in all lawfull or indifferent things wee are bound to render all chearfull obedience , without resistance , even for conscience sake , by expresse gospel texts , rom. 13. 1 , to 7. tit. 3. 1. 1 pet. 2. 14 , 15. which i wish you would practise better , and make make more conscience of then now you doe . as for his crosse interrogatories , i answer , 1. that if the popes councels command lawfull things to those who are subject to their power they are as well to be obeyed as the commands of * heathen emperours , magistrates , parents , husbands , by christian subjects , wives , servants , living under them are . 2. that there is a great difference between matters of opinion onely , and of practise ; that his instanced points , whether lordly episcopacy be jure divino ; or their making out processe under their owne names and seales be agreeable to the law of the land , are matters onely of opinion simply in themselves ; and if a synod and parliament should have determined the first , and the iudges resolved the last , affirmatively , their resolutions could not binde my judgement absolutely , so farre as to subscribe their opinions as undoubted truths , unlesse they could satisfie my arguments and authorities to the contrary ; but yet they should & ought to bind me for the present so far as to submit to their authority & processe in their own names in things within their legall cognisance : so if the parliament and assembly shall establish any church-government , as most agreeable to the scriptures and our lawes , though this binds not all independents to be simply of their opinion , unlesse the reasons and arguments produced for it be sufficient to convince their judgments , yet it binds them in point of practise and obedience , outwardly to submit thereto , and not to separate from it , under pain of arrogancy , faction , schisme , unlesse they can clearly manifest it to be absolutely unlawfull and repugnant to the scripture . as for my own objected challenge to the bishops & iudges ▪ about the jus divinum of lordly prelacy , and bishops processe in their own names ; when i made it i was certain i had both † scripture , fathers , councels acts of parliament , the suffrages of all forraigne reformed churches , writers , and our owne learnedest bishops , authors in all times against the first ; and direct acts , resolutions of parliament , patents , unanswerable law-authorities , and reasons against the latter : therefore a few lordly prelates opinions in their owne case or the subitane , forced , extrajudiciall resolution of the iudges ( not then published ) could no more conclude my judgment , nor make me guilty of arrogancy , obstinacy , or schism then , than their forced judgments for the lawfulnesse of loanes and ship-money , against expresse acts and judgments of parliament , oblige me or others , then or now , not to deeme that taxe illegall : and when you can produce as many good authorities , reasons from scripture , antiquity , acts of parliament , writers of all sorts , against the lawfulnesse of presbytery , as i have done against lordly episcopacy by divine right bishops making out processe under their own names , seals and † ship-mony , neither of which were ever setled by any former parliament , and have all bin expresly voted against in this : i shall then excuse you from arrogancy and schisme , but till this be done , ( as i presume it will never be ) the guilt of both these wil stick fast upon you , if you readily conforme not in outward practice to that government the parliament shall establish . if they should settle independency , i am certaine you would then write and preach for universall obedience to it , ( which you now publikely call for so eagerly without authority or proof of its divinity , because thus setled ) without dispute : therefore by like reason you ought to submit to a presbytery , or such other government as shall be resolved on by those intrusted with this care . to my 11. quere he gives only a negative answer and then declaims against presbytery without ground or reason : but because i have proved the truth of what he denies in my independency examined and in some following pages , i shal not trouble you with any further proof , except these two particulars : 1. that independency is in reality meer separation and brownism , lately christened with this new title , to take off its odium : and if so , i doubt not but it is a nursery of schisms , sectaries , &c. 2. that we finde by wofull experience , what bloudy divisions , warres , schisms , the toleration but of one religion and sect in our realms contrary to that established , ( to wit popery and pupists ) hath produced in all our dominions , to their imminent danger , and almost utter ruine ; what then will the free permission of many independent different forms of churches , sectaries do ? will it not produce many more troubles , dangers , wars , schisms , then we have hitherto felt ? yea , if every man ought to have freedom of conscience , to vent what opinions , & set up what governments he deems most conformable to the word in his own private fantie , you must indulge papists this liberty as well as others : and then how soone will they over-run us for the future , how justly can we take up armes to suppresse them for the present ? consider seriously of those and other publike-mischiefes of your way , and that liberty of conscience you so much contest for , ( which in truth is nothing but meere lawlesnesse , or licentiousnesse , to do * what seemes good in your owne eyes , as if there was no king in israel , without respect to the publike peace or weale ) and then happily you may in time discerne , recant your errour . to my twelfth quere he onely answers , that i fall a jeering of my brethren , ( a palpable untruth ) and that i put a nick-name on them , to make them odious ; to wit , the title of independents , which they disclaime ▪ not answering one syllable to the substance of the question . to which i reply : first , that the title of independency ( of which you are now ashamed ) was at first assumed , approved by your selves , and many of your party doe still owne , though some disclaim it , of purpose to evade the titles of separatists and brownists , with whom you really concurre in practice : besides , you very well know that this title was imposed on , and owned by you long before i writ ; therefore i could not father this brat upon you : but if you be offended with this name , i desire you in your next pamphlet to discover to us your owne christian name , with the true title of your party , and the government you plead for as the only way of christs institution ( all which you have hitherto concealed ) and then ( god willing ) i shall give you a further answer to this cavill , or retract this title ; till then i must informe you that it most proper for your party , who will have every of your owne private congregations , a complete absolute corporation , exempted from ; unsubjected to independent on any other , be it a nationall synodall , provinciall , parochiall assembly , parliament or kings themselves in any church-affaires : you must therefore still retaine this title , while● you maintaine such paradoxes both in opinion and practice as justly appropriate it to you , conveniunt rebus nomina saepe suis , being never more exactly verified then in this your suitable name . but you object , first , that you are accountable for your actions to every neighbour church , that shall in the name of christ require it . secondly , that you stand not independent from , but hold communion with all other churches , both in the ordinances , and in asking counsell and advice mutually . to the first i answer , 1. that if you are accountable for your actions to every particular neighbour church , then why not much more to a synod or parliament , whose ecclesiasticall jurisdiction over you or your churches is denied by you ? secondly , if you are thus accountable to every neighbour church , doe you intend it of parochiall , episcopall , or presbyteriall churches , as well as independent ; or of independent onely ? if of independent onely , as i suppose you doe , then you appeale onely to churches of your owne partie , frame , judgment , and make one of them subordinate , accountable to another , but not to any other church ; which is an apparent schisme , separation from all other churches , and contradicts your second objection : if of all other sorts of churches as well as independent , you must either grant them true churches of christ , and then you have no ground to sever from them ; or if false , or no true churches of christ , ( as you in truth repute them ) then by your own principles they are no competent iudges of ecclesiasticall affaires , nor you accountable to them . thirdly ▪ how ( i pray ) doe you hold your selves accountable to every neighbour church ? by way of subordination , or correction ? that i am certain you will deny : or only by way of voluntary information and satisfaction , when required , which i conceive you mean ? if so only , then this is properly no account at all ▪ or but arbitrary at most , which you may deny if you please ; and if you erre or prove faulty , this neighbour church can but admonish , not enforce you to correct your errours or injustice : and so this will prove but a meere mockery in stead of an account . to the second i answer , that if you stand not independent from other churches , but hold communion with them in ordinances , and in mutuall counsell and advice , then 1. why doe you separate from them as no true churches , and oppose their way of government with so much bitternesse ? secondly , why doe you refuse to administer baptisme and the lords supper to those who are their members , in your churches , unlesse they be professed members of some independent congregation ? thirdly , why do you not follow their advice , counsell , or the parliaments , synodes , and submit thereto ; who now earnestly disswade you from your way of separation , division , in these distracted times ? the end of demanding good counsell and advice being but to follow , not reject it , where there is humility , ingenuity , or sincerity in those who aske it . you must therefore either disclaime these objected concessions , or become more tractable for the future . 4. you tell us in the next succeeding lines , that neither i , nor synods , nor this synod , are infallible , but as subject to errours as others ; and that never † more dangerous errours have been confirmed then by synods : and therfore men are not bound in conscience to their decrees upon penaltie of sinne , arrogancy , &c. but pray sir may not you and your independent ministers churches erre as well as others ? is infallibility annexed onely to your private chaires , conventicles ? if not , then why may not your new-minted way be a meere erronious by-path , and no way of christ as well as other waies , and you erre herein as well as synods in other things ? why will you have the major vote in your congregationall decisions to over-rule and bind the rest to obedience ; ( as your practice and opinions intimate ) since the major part may possibly be mistaken , as well as the lesse dissenting ? shall nothing binde in any churches , but what is unanimously voted nemine contradicente ? or shall one or two dissenting voices over-rule the rest , or not be bound by the most ? or where all consent may not all yet be in an errour , and not discerne it ▪ through selfe-love to their owne wayes and opinions , till others of contrary judgements discover and convince them of their errour ? away then with this fond argument and evasion ; synods and parliaments may erre in some things , ergo they must binde us in no thing : is this good logicke or divinity ? good ministers may and doe erre sometimes in some points of divinitie , ergo wee will beleeve them in none , no not in those things in which they doe not erre . will you throw away all the apple because● one part of it only is rotten ? or reject communion with the best of men because they have some infirmities ? deal then with the ecclesiasticall decrees of synods and parliaments as in wisdome , in conscience you are bound to doe : where they are just , equall , not opposite to the word , embrace , submit unto them ; when erronious or contrariant to the expresse word ( not to your own fancies , inferences or opinions ) you may differ from them in judgment , but you must patiently suffer under them in point of practise & obedience ( if meerly practicall ) till a further season , and not disturb the churches peace by opposition or schism : which is as good , as seasonable christian advice , as that you conclude with unto me , which i heartily wish your selfe had first followed ▪ who have more defamed the ways of christ and u●ed more personall unchristian betternesse then i am guilty of . you wish indeed , o that a spirit of love were maintained among those that are brethren : though they differ in judgment ▪ must they needs differ in affection ? i say the same . but o then why seperate you from us , yea passe uncharitable censures on us as if we were not your brethren ? one kingdom , one city , house , doth now , one heaven shall heareafter contain us both : why not then one church government , one church militant , as well as one triumphant ? if you deem not your * selves more holy then your brethren , or be not swelled up with spirituall pride ( as your stiling your selves † men of rich anoynting from god , the most religiously affected , and best conscienced people of the land , the most precious men , &c. with your separation from us , and harsh censures of us , make most men suspect ) then why refuse you to close with us now , as you have done heretofore ? could our ministers , churches , when more corrupt , convert , regenerate . edifie , save you , and yet not now so much as hold you , when more refined and reformed ? if yea , then let us both shake hands without any more encounters ; if nay , then fairely ▪ chalke out your yet concealed independent way and platforme in all its severall lineaments , and beautifull native colours ; produce your severall punctuall scriptures , arguments , to maintain it , ( there being none of them extant in these your observations for ought i can find ) that so i may see the frame and grounds of this new fabricke , in as large or narrow a modell as you please : and then doubt not but an answer shall be given to what ever you modestly set forth , ( if worthy answer ) in case it be not satisfactorie ; or else a friendly embrace thereof , if agreeable to the spirit and word of truth , by him who hath learned pauls peremptorie resolution , 2 cor. 13. 8. we can do nothing against the truth , but for the truth ; in which resolution ( god assisting ) i resolve to live and die . certaine briefe animadversions on mr john goodwins theomachia , in iustification of some passages in my independency , examined , unmasked &c. and of the parliaments ecclesiasticall power . it is not my intention to repeate or refute all the unseasonable offensive passages in the epistle or body of this treatise , which ●●citly reflect upon the present religious parliament and assembly , raising needlesse feates and jealousies of them both ( in matters of religion and church-government ) as if they really intended * to increase our misery and bondage , by rejecting and oppressing truth ; to conjure all mens gifts , parts industrie into a synodicall circle ; and that there is almost as little hope of gathering grapes from thornes , or figges of thistles , as of having the joy of our faith holpen , or encreased , or any decrease , but rather increase of evills by them ; the resolutions of councells , and synods themselves upon the matter and just account , being but the fruits , or puttings forth of the learning and judgment of a very few men , not alwayes of the most consciencious &c. i shall only select some few particulars worthy consideration ; to fill up my vacant pages . first , it may be justly questioned , whether the maine doctrine prosecuted in it b that it is the greatest imprudence under heaven , for any man or ranke of men whatsoever to appeare , or so much as to list up an hand , or thought , against any way , doctrine or practise whatsoever clayming origination or descent from god , till we have securitie upon securitie , evidence upon evidence , yea all the securitie that men in an ordinary way are capable of , and foundations as cleare as the noone day , that such wayes , doctrines and practises , only pretend unto god as the author of them and that in truth they are not at all from him , but either from men , or from baser parentage ; that they are but counterseits and pretenders only , and stand in no relation at all , but that of emnitie and opposition unto god ; and that we are not to act the value of one haire of our head against them , untill we see their condemnation written with a beame of the sunne by the finger of god himselfe ; untill he hath disclaimed or renounced it from heaven , either by giving such wisedome unto men , whereby to detest the vanitie of it , or else hath quite rased it out of the flesh and tables of the hearts of his servants , &c. be orthodox or tolerable ? for these ensuing reasons . 1. first , because it opens a wide gate to the reviving of all old , the spreading and propagating of all new heresies , errors , schismes , sects , and opinions whatsoever , without the least timely opposition or prevention , to the endangering of infinite soules , and disturbance of the churches , kingdoms peace . for there is * no hereticke , schismaticke , or sectary whatsoever ( though never so pernicious , grosse or detestable ) but pretends his way , doctrine , practise , opinions to be the way and truth of christ , clayming their origination and descent from god , yea , * producing perverting the scripture it selfe to justifie them , as the * devill cited and wrested scripture to tempr christ : yea , our saviour and the scripture informe us , that many false teachers shall arise , and doe great miracles , signes and wonders , insomuch that they shall deceive many , yea the greatest part of the world , and if it were possible the very elect ; * that satan and his ministers also transforme themselves into angels of light : that false teachers usually come to seduce men in sheeps clothing , with all deceiveablenes and crafiines , whereby they lye in waite to deceive ; and advise us frequently to beware of such , and not admit them into our houses , &c. and must we therefore not speedly oppose , resist , avoyd , suppresse them or any of them now , because they thus pretend they are of and from god himselfe ; but stay till we see their condemnation written with a beam of the sun by the finger of god himselfe , and till he hath disclaimed , renounced them from heaven , by some visible judgment or destruction ? if arrianisme , pelagianisme , socinianism , anahaptisme , or any anciently exploded heresies , or schismes should revive and sprout up among us ( as some have lately done ) should wee use such indulgence as this towards them , because they pretend their origination and descent from heaven ; and their opinions not disputable only , but warranted by the scripture ? alas what confusion , what inundation of heresies , schismes , and monstrous opinions would this presently introduce into our church to its destruction , ruine , if such a paradox were once admitted ? secondly , because it is contrary to these expresse precepts and presidents both of the old and new testament , which you may peruse at leasure , deut. 13. 1. to 18. levit. 19. 17. joshua . 22. 9. to 24. psalme . 119. 104. 128. 2 kings . 22. 8. to 27. ier. 4. 30. 31. ( a pregnant place ) c. 14. 14. to 18. cap. 23. 13. to 23. cap 27. 15. to 19. c. 29. 8 , 9. ezra . 13. throughout matthew 7. 15. cap. 24. 11. 23. 24. 25. 26. mark , 13. 5 , 6. 22 , 23 , 24. acts 13. 6. to 14. cap 15. 1. to 33. cap. 17. 11. rom. 16. 17. 18. 2 cor. 11. 13. 14 , 15. galath. 1. 6. 7. 8 , 9. 10. c. 2. 4. to 18. ( a noted place ) c. 3. 1 , 2. 3. ephes. 4. 14 , 15. phil. 3. 1. 2. 3. coloss. 2. 8. 18. to the end 1 thes. 5. 21. 2 thes. 2. 1. to 16. c. 3. 6. 7. 1 tim. 4. 1. to 7. chap. 1. 20. chap. 5. 20. 21 , 22. 2 tim. 2. 16. 17 , 18. 23 , 24 , 25 , 26. c. 4. 1. to 6. titus . 1. 9. to 15. chapter 3. 9. 10 , 11. 2 pet. 2. 1. 2 , 3. c. 3. 17. 18. 1 ioh. 4. 2. 3. 2 john 10. 11. jude 3. 4. &c. revel. 2. 14. 15. 20. 21. compated together . f paul would not give way to false apostles no not for an houre , that the truth of the gospell might continue among the galatians , and resisted peter to his face , at soone as ever hee walked disorderly , and gave the least countenance to false teachers , though a chiefe apostle ; and did not demur upon the matter ; yea the churches * of porgamus , and thyatyra , are sharply blamed for suffering some among them to hold the doctrine of balaans , and the nicolaitans ; and to suffer jesabell the prophetesse to teach and seduce : and shall we permit them , now , without restraint ? thirdly , because it is contrary to these received unquestionable maximes of divinitie , policie , and morality . principijs obstare : venienti occurrere morbo , to withstand the very beginnings of errors , heresies , mischiefes ; schismes : to crush these cockatrices in the shell ; rather to keep then cast them out , turpius ejicitur quàm non admittitur hostis . all wise men hold preventing physicke best for their bodies , states , and why not for their souls and churches ? since , sero medicina paratur , cum mala per longas invaluére moras . fourthly , because contrary to the h policy practise of most godly magistrates , princes ministers , churches in all ages , nations , which never indulged such liberty to opinions , new wayes , practises , especially to new church-governments , schismes , and conventicles , ( which he here pleads for ) set up only by private spirits in opposition to the publick established church-regelment . indeed in some matters mearly of opinion which are not dangerous or schismaticall , some latitude may and must be left to men ; but matters of government are such tender things , as differences & varieties therin cannot be tollerated in one and the selfe same church and state without infinite inconveniencies and disturbances , especially where every church shall be independent , subject to no other canons , rules , but its own peculiar arbitrary dictates . 2 it may be questioned , whether the independent way he there so earnestly pleads for , be the way of christ , or not ? since he neither discovers to us what it is , nor produceth any one text to prove it christs own way , nor one example to warrant it in any age : but gives us good grounds to suspect it none of his without much scrutiny . 1 for first , he comeneth , i that this way is every where spoken against , even by some that would be thought prime men and pillars in the temple of god ; and insinuates ; that the parliament , assembly and generality of the k ministers and people of the realm , are bent against it ; therefore being a new way , never yet heard off in the world in any age , or church of christ , and thus generally opposed by our whole church and state even in these times of reformation ; we may l justly suspect it is no way of christ , till we see its approbation written in a beam of the sun with the finger of god himself , and till he hath justified and owned it as his , from heaven . 2 he tacitly acknowledgeth it a m government set up by a few private men , not only without but against the authority & commands of the parliament and supream temporall magistrates : yea , which not only denyes but oppugnes the temporall magistrates , parliaments , synods directions or coercive power in ecclesiasticall affairs ; directly contrary to the scriptures , as i have largely proved by many texts , in my o independency examined . only i shall adde , that not only the kings and temporall magistrates of the israelites ; but even heathen p kings and princes ( as cyrus , artaxerxes , darius , nebuchadnezzars the king & nobles of nineve &c. ) enacted good and wholsom laws , for the worship , honor and service of the true god , and to further his people in the building of his temple ; who thereupon were enjoyned to * pray for their prosperity , as the marginall scriptures evidence . yea , r paul himselfe even in matters of religion pleaded his cause before festus , felix , king agrippa , and at last appealed unto caesar an heathen emperor , herein ; yea he enjoyns all christians ſ to pray even for heathen kings , magistrates , and to submit to all their lawfull commands for conscience sake , to whose judicature and tribunals , t christ himself and his apostles willingly submitted themselves upon all occasions when brought before them , without demurring to their jurisdictions . therefore christian princes & magistrates , who were long since predicted to become nursing fathers to the church under the gospel , have much more power and jurisdiction in church-government and affairs within their own dominions . 3 for that it appears to be away that will breed infinite confusions , disorders , by confounding v the bounds of parishes renting congregations , families , and most relations assunder ; & giving way to every sect to chuse ministers , erect churches of their own . without controle , in point of position ( though their practise be quite contrary where they have power , they admitting no other kind of government but independency in new-england , and excommunicating or banishing those who will not submit unto it : ) a government inconsistent with royalty , and the civill government ; and so none of christs who never erected any church-gouernment to clash with or controle the civill . 4 whereas he pretends , that x persons of one family or parish may be members of severall churches without any inconvenience schisme , or distraction ; as well as members of severall companies and trades ; and therefore ind-pendency is no occasion of divisions . i answer 1 , that y two cannot walke peaceably and-lovingly together unlesse they are agreed , especially in matters of religion ; and those who in point of conscience cannot communicate or agree together in one church , will never questionlesse accord well together in one family , bed , parish , kingdom , as experience manifests . 2 there is a great difference between severall trades and halls in one city parish , kingdome and severall formes of church-government , in these particulars which occasion unity in the one but schismes in the others 1. all trades societies hold one another lawfull , usefull , necessary , agreeable to the lawes of god and the realme without dispute ; & so they breed no contrariety of opinions or disaffection : but each different church deems the other unlawful , & in no way of christ so as they cannot with safe conscience joyn or communicate together ; and thereupon they fever one from another . 2. every several trade and society , even in their very trade is subject to the general government , laws of the city & realm wherin they are to which they appeale and have recourse upon all occasions of difference , none craving an exemption or independency from the whole corporation , parliament or supream magistrate in matters which concern their government , but deriving their corporations charters , laws and priviledges from them : which subordination keep : them all in peace and unity . but independent churches deny any subordination , subjection to the ecclesiasticall lawes and edicts of parlements , of temporall magistrates or synods , and will be regulated , obliged onely by their own peculiar edicts : which must needs occasion infinite schismes and disorders : therefore the cases are far different from one the other . thirdly , christians , as christians , are all of one and the self-same society and profession , as those of one trade or calling are ; therefore they should have all but one common church and government , as these trades have : to set then the comparison upright , we must state it thus ; if some of one fraternity in london ( suppose the merchant-taylers , sadlers , mercers , or the like ) should fall out among themselves , and one would have one forme of government , another another , and thereupon divide themselves into severall conventicles and petty meetings in corners , not at their common hall , and one chuse one government , master , or warden , another another , and so sever the company , and continue independent ; this ( no doubt ) would prove an apparent schisme , and seminary of infinite divisions , to the distraction , destruction of the whole company and fraternity . this is the true state of your independency ; yea mr goodwins present case in his own parish , miserably divided , disordered by his independent way : which hath induced him to refuse to administer the lords supper , ( yea baptisme to some children of parishioners ) for a yeares space or more , though they offer to be examined by him ; esteeming them none of his flocke , ( preaching but seldome to them , though he receive their tithes : ) and instead thereof to gather an independent congregation to himselfe out of divers parishes and his owne , to whom hee prescribes a covenant ere they be admitted members of it ; preaching , praying , administring the sacrament to them alone in private conventicles , neglecting his parishioners : which hath engendred such discontents and rents in his parish , even among the well-affected and truely religious , that he must either desert it or his independent way . what schismes and discords this new war hath raised in other parishes , is so well knowne to the world , that i need no other evidence to prove it a schismaticall by-path , and so no way of christ the * prince of peace , who prescribes nought else but precepts of peace and unity to his churches , and is most offended with their schismes . finallie , i cannot thinke this way a way of christ because i finde it a pioner and underminer of parliamentary authority , devesting parliaments of all manner of jurisdiction in matters of religion and church-government ; witnesse the passage of the two independent brethren recited in my independency examined p. 3. ( which certainly weares a maske as yet , since she never appeared bare-faced to the world , not one of her parrons hitherto presenting us with her in her native colours , or lineaments ) whose guilt this author by his explanation , to make it good , rather aggravates then extenuates . he writes , that the brethren in the mentioned period and expressions , reflected onely upon the generalitie of the land , who according to the lawes , yea according to the principles of all reason and equitie have the right of nominating persons unto parliamentarie trust and power , but have no avthority or power from christ to nominate or appoint who shall be the men that shall order the affaires of christs kingdome , or institvte the government of his chvrches : these are that secular root , out of which the brethren conceive an impossibility that a spirituall extraction should be made ; that is that a legitimate ecclesiastick power shovld according to the mind of christ , or any precept or president of scriptvre , bee by them conferred vpon any man . and this impossibility conceived by them they onelie illustrate and declare by that parallel expression in job who can bring a cleane thing out of an uncleane ? &c. but to hold , that the persons so elected as hath been said , have a power by vertue of such nomination or election to enact lawes and statutes in matters of religion , and to order under mulcts and penalties how men shall worship and serve god , as it is a meanes to awaken the eye of jealousie upon them , and so is seven times more destructive unto , and undermining not onlie of their power , but of their honour , peace , and safetie also , then any thing that is found in the way so ill intreated ; so it is a setling of a power upon the electors of such persons , i meane the promiscuous multitude of the land , yea of a greater power then ever iesus christ himselfe had , at least then ever he exercised ; for as dare regem , argues a greater power then esse regem ; as hee that buildeth an house hath more honour then the house , hebr. 3. 3. so to nominate and appoint who shall have power to umpire in matters of conscience and of god , * to determine what shall be preached , and what not ; what shall be beleeved , and what not , is a branch of a greater root of power , then the exercise of the power that is committed to others in this behalfe . now though iesus christ had a power , and was authorized by god to be a law-giver himselfe unto his churches and saints in their spirituall republike , yet it is hard to prove , that he ever he invested any other with such a power : his apostles themselves were no lords over the faith of the saints , nor had they anie power or authoritie to impose any thing upon men , as † necessarie either to be beleeved or practised , but what they had in expresse commission and charge from jesus christ himselfe to impose upon such termes , &c. the summe of this large passage is , that there is not onelie an improbabilitie , but absolute impossibilitie that the parliament should have any power at all to enact lawes and statutes in matters of religion , church-government , gods worship or service , because the people who elect them have no such power , and so an impossibilitie of deriving any such authoritie to them ; and to affirme the contrarie , is not onely to awake the eyes of jealousie upon them , but exceedingly destructive to , and undermining of not onely their power ; but honour , peace , and safetie also . whether this be not directly to undermine the authority of parliaments and temporal magistrates in all church-affairs and matters of religion , contrarie to your late covenant and protestation , and that in the most transcendent maner that ever any have hitherto attempted in print , let all wise men judg : i am sory such ill passages should fall from so good a pen . but to give a short answer to this extravagant discourse : first , this objection might be made against the generall assemblies , parliaments , kings of the israelites , who a were chosen by the people , yet they made lawes and statutes concerning religion , and gods worship , with his approbation , without any such exception , as i have elsewhere proved . secondly , god himself ( as i formerly touched ) used the ministry , assistance of cyrus , artaxerxes , darius , with other heathen princes and magistrates , for the building of his temple , and advancement of his worship , for which they made decrees , statutes ; notwithstanding this objected reason reflects more upon them and their electors , then on such who are christians by externall profession . thirdly , most christian kings and magistrates in the world , ( even those who claime to be hereditary , as the yet continued formes of their coronations and instalments manifest ) come in by the peoples election , as well as such members of parliament who are eligible , yet you cannot without disloialty and absurdity , deny them authoritie in matters of religion and church-government . fourthly , your selfe doe not onely grant , but argue , b that every private man hath , yea ought to have power to elect and constitute his own minister : and no doubt you will grant , that private men have power likewise to set up independent congregations , which have authority to prescribe such covenants , lawes , and rules of government , discipline , worship , as themselves think most agreeable to the word : if then they may derive such an ecclesiasticall authority to independent ministers and churches , why not as well to parliaments and synods likewise by the self same reason ? fifthly , it is cleare by sundry instances in scripture , and your owne text , that god doth oft times make use of unsanctified persons , and the rude multitude , ( whom you so much under-value ) to advance his glory , propagate his gospel , promote his worship , vindicate his truth , and edifie his church : he can poure a spirit of prophesie upon c a baalam , a saul , a gamaliel , a persecuting high-priest ; he can make a d judas an apostle , yea send him to preach and build his church , as well as a peter : wee read in the evangelists , that none were so forward as the vulgar e multitude to beleeve , follow , professe christ , and embrace the gospel , though many of them did it out of sinister ends . therefore they may well have power to chuse such persons who shall and may make lawes to promote the gospel , and government of the church of christ . sixthly , those who have no skill at all in law , physick , or architecture , have yet judgment and reason enough to make choice of the best lawyers , physitians , architects , when they need their help . those who are unfit , or unable to be members of parliament themselves , ( as most of the electors are ) have yet had wisdom enough in all ages , and especially at this present , to elect the most eminent & ablest men for such a service : those who are unmeet to be kings , magistrates , commanders , or ministers , have yet skill enough to chuse able persons for such offices , & power to delegate to them such parliamentary , royall magisteriall , pastorall authority , as is necessary for their severall offices , which those who elected them never had actually , but onely originally or virtually in them , not to use , but derive them unto others : why then may not our free-holders , who have voices in electing the members of our parliaments , and the commonalty to the land , ( whom you scandalously terme , the vilest and most unworthy of men , though there be a degree of vulgar people viler and unworthier then they in all respects , who have no votes in such elections ) have sufficient authority in them to elect and nominate such fitte , persons , who by virtue of such nomination or election shall have right and power to enact lawes , statutes , in matters of religion , worship , and church-government , not dissonant from gods word , to which themselves and others by gods owne ordinance must submit ? if the common people , who neither are nor can be parliaments , emperors , kings judges , magistrates , ministers , have yet a lawful power to make others such by their bare election & to give them such authority and power as themselves never actually were or can be possessors of , then why by the self , same reason may they not likewise delegate a lawfull ecclesiasticall legislative authority in church-affairs , to their elected parliamentary and synodall members , which was never actually in themselves , as well as mr * goodwin delegate the power of determining who should be fit persons to receive the sacrament , and to become members of his independent congregation , to eight select substitutes , which was never actually vested in himselfe , nor transferrible thus to others by any law of god or man ? why may not a man bring an ecclesiastical or spiritual extraction out of a secular root , ( contrary to your paradox ) as * well as a regall , magisteriall , parliamentall , mnisteriall extraction , out of a meere popular or servile root ? or the best strong waters out of the vilest lees ; the richest minerals out of the coursest earth ? the most orient pearles out of the basest oisters ? in one word , the very choice these your vilest and most unworthy of men have made this parliament , may for ever refute this childish reason , the corner-stone of your independent fabricke , fastned together with independent crochets , unable to abide the test . therefore notwithstanding this your reason , our present parliament may and ought , in point of right & duty to make binding laws for regulating church-government , restraining heresies , schismes , innovations , erronious doctrines , unlawfull conventicles , and for setling the purity of gods worship and religion , notwithstanding this objection ; and with as much reason , justice , raise , and establish a new church-government , suitable to gods word and the civill state , as reforme or repeale the old , ( which grew to burden some and offensive ) till independents can shew us better grounds against it then any yet produced : and informe us , why our whole representative church and state should not of right enjoy and exercise as great or greater ecclesiasticall jurisdiction , over all particular persons and churches who are members of our church and realme , as any independent minister or congregation challenge or usurp unto themselves , over their owne members ( this being the true state of the question and not whether * one particular church , or parish , hath superiority or iurisdiction over another ? as some mistake it ) without yea against both law & gospel for ought they yet have made appeare ? i shall say no more in so clear a case , but refer the author to the high court of parliament , ( whose undoubted priviledges he hath presumptuously undermined by the very roots ) to crave their pardon , or undergo their justice for this and other his anti-parliamentany passages , diametrally contrary to his , our , their late nationall vow and covenant , which they cannot without highest perjury permit any wilfully thus to violate in the most publike manner . finis . notes, typically marginal, from the original text notes for div a91190e-220 a eccles. 4. 4. b gal. 4. 1● . c page 1. 2. d the apologeticall narration , mr sympson . a reply of two of the brethren , with others . e a reply of two of the brethren to a. ● . p. 111. f master iohn goodwins θεομαχια . * he should say ●●eer , where the government is left arbitarry . * exod. 25. 40 heb. 8. 5. * 2. chron. c. 〈…〉 * ezra 3. 10. 12. hag. ● 3. to 10. * exod 24. 7. deut. 31. 11. iosh. 8. 34. 2 kings 23. 2. 2 chro. 34. 30 neh. 8 2 , 3 , &c c. 9. 3. c. 13. 1. ier. 36. 6. to 24 luke 4. 16. act. 13. 15 , 27 c. 15. 21 , 31. col. 4. 16. 1 thes. 5. 27. * 1 cor. 14. 40 † belike the reed by which he measured it was independency . * ezech. 40. & 41. * rev. 21 22. 1 cor. 9. 13 , 14. heb. 7. 13. * but very unreasonable that christ , the church , state , synod , parliament , should be subject to your dictates , not you to theirs . * this rule holds firm in all church-assemblies , synods , parliaments , elections by suffrages whatsoever . † your party are most guilty of it , who without discovery or proof of your new-way , will have us blindly to submit unto it as the onely way of christ . * 1 cor. 13. 5 , 7. * 37. h. 8. c. 17. 1. e. 6. c. 1. 1. eliz c. 1. see my breviate against bishops encroachments , &c. the vnbishoping of timothy and titus . the catalogue of authors in all ages concerning the parity and identity of bishops and presbyters . the antipathy of the english lordly prelacy . the quench-coale , &c. nota. * lev. 19. 17 gal. 4. 16. c. 2. 11. 14. tit. 1. 13 , 14. rev. 3. 13. will justifie me herein . * pro. 23. 23. maximè ami●● veritas . * rom. 13. ● . 1 pet. 2. 14. * iustinian codicis . l. 1. tit. 8. socrates . scholast. . eccl. inst. l 7 c. 5. l. 5. c. 4 , 5 , 15 , 20 , 21 23. l. 4. c. 12 , 13. l. 2. c. 33. * see 35. el●z c. 1. † see 35. eliz. c. 1. none are conventiclers but hereticks or schismatickes , who wholy seperate themselves from our publique assemblies established by law . * 2 chro. 15. 8 , to 16. c. 34. 29 , to 33 8. 29 10. ezra 10. 3. neh. 9. 38. c. 10. 1. &c. † psal. ● .. 8 , 9. psal. 72. 8 , to 18. ps. 82. 8. ps. 86. 9. ps. 65 ● . ps. 67. 2 , 3. 4. 5. isa. 2. 2 , 3. c. 9. 22 , 23. c. 11. 9 , to 16. c. 54. 1 , 2 , 3. c. 60. 3. to 22. mich : 4. 1. to 5 mal. 1. 11. zach. 8. 22. act. 13. 46 ; 47 48. matth. 28. 19 , 20. mar. 14. 15. rom. 10. 18 , 20. c. 11. 4. isa. 62. to the end . 1 pet. 2. 9. 10. * matth. 3. 12 c. 13. 24. to 52 c. 25. 32. 33. a joh. 6. 70 , 71 b see iudges , samuel , kings chronicles , nehemiah , ezra , and all the prophets . c see pauls and johns , yea christs epistles to them , rev. 2 , & 3. 1. cor. 11. 13 to 34. c. 12. 12. 27. d mat. 24. 14. 15. c. 26. 16. luk. 14. 23 , &c. c. 13. 23 , 24. † ● chro. 13. ●● to 14. c. 28 , & 29. 2 chro. 5. 2 , &c. c. 6 , & 7. c. 15. 9 , to 29 c. 17 7 , 8 , &c. c 20 3 , 4. 5. c. 24. ● , to 16. c. 29. 3 , to 36. c. 30. v. 31. c. 31. 29 , to the end . c. 35. 1 , to 19. ezra & neh. throughout . esth. 9. 17. to 32. * dan. 7 9 , 13 ●● . * 1 cor. 13 , 11 , 12. c. 14. 20. c. 3. 1. 1 pet. 2. 2. heb. 5. 12 , 13 , 14. 1 ioh. 2. 11. to 15. ephes. 4. 15. 16 † 1 tim. 3 6. † ezek. 16. 13 * rom 13. 1 , to 7. 1 tim 2 1 , 2 , 3. tit. 3. 1 1 pet. 1. 2. to 24 c. 3. 1. 1 cor. 7. 1 , to 18. eph. 5. 22. 23. c. 6 1. to 10 col. 3. 18 , to 25. † see my catalogue , &c. the unbishoping of timothy and titus . a breviate , and antipathy of the english lordly prelacy . † see my humble remonstrance against ship-money . * deut. 12. 8. judges 17. 6. 1. 21. 25. † yea , never more dangerous errours refuted , suppressed , then in the 4. first general councels , and some synods since , as that of dort , and other protestant synods in the harmony of confessions : where therefore they determine rightly , you must submit unto them ; where they confirm apparent dangerous errours , there you may vary from them when proved such . * th●●e are the true grounds of all s●parations . esa 65. 5. luk. 18. 10 , to 16. iude 18. 19. witnesses the novatians , donatists , of old : the severall orders of monks , nuns ▪ eremites , anchorites , in the church of rome , and their new order of jesuits , ●●th of them pret●nding ; more sanctity and strictnesse then anoth●r , and so severing in their different orders , habits , monasteries , rules , covenants , one from another . † mr. good●●ns theomachia p 24 , 25. the reply of two of the brethren passion . * epistle to the reader , & p. g. 11. 33. 4● . to 52. b page 18. 22. 52. and else ▪ gamaliell himselfe no apostle , nor christian , from whose words you yet take your text as gospell , was not altogether of this opinion . * see epiphanius , basil , augustine , and all the bookes of or against any hereticks and sectaries . * matth. 4 6. * mat. 24. 11. 23. to● 27. c. 7. 15. 2 cor. 11 13. 14 , 15. ephes. 4. 14. 2 thes. 2. 9. 10. rev. 13. 2. to 18. 2 ioh 10. 11. f gal. 2. 4. to 1● * rom. 19. 15. 16 , 26. h see iustinian cod. l. 1. tit. 8. 1. eliz. c. 2. 35. eliz. c. 1. 2. i page 21. 1 k see the london ministers petition against it . l see 1 cor. 21. 26. ● 10. 32 , 33. m see p. 30. to 52. o p. 3 , 4. 11. 12. p ezra 1. 1. to the end . c. 4. 17. to 24. ● . 6. 2. to 17. c. 7. 12. to 28. neh 2. 1. to ●7 . 2 chron. 36. 22 , 23. isay 44. 28. dan. 3. 29. c. 6. 25 , 26 , 27. ionah 3. 5 , 6 , 7. r acts , 24 , &c. 〈◊〉 . & 26 , & 27 , 28. 2 tim. 4. 10. 17. ſ ● tim. 2. 1 , 2. 3. rom. 13. 1. to 7. tit. 3. 1 t matt. 10. 17 , 18. 21. c. 26 , 27. q tim. 2. 1 , jer. 19. 7. v page 38. to 40. amos 13. 9. a. 15. acts 4. 1. to 24. c. 5. 17. to 4. c. 6. 12 , 13. c. 9. 1 , 2. 3. c. 11. 2 , ● , 4. c. 16. 10. to 40. c. 18. 12. x pag. 30. 31 y amos 3. 3. * esa. 9. 6. see my twelve questions p. 7 , 8. pag. 48 , 49 , 50. this he ●ore ●●fly expressed in a sermon in febuary last . note . gamaliell & your text never taught you any such anti parliamentary doctrine . note . * the people having power to elect princes , magistrates , ministers , parliaments , synods have likewise authority to nominate such who by the rule of gods word may limit these particulars , though not by their owne bare authority , without or against the word . † every magistrate , parliament , and synod , have power to declare and enjoin what is necessary to be beleeved , practised , by or according to gods word , not without or contrary to it . a see my appendix to the soveraigne power of parliaments and kingdomes p. 122. to 131. † twelve considerable queries p. 4 , 5. independency examined p. 2 , 11 , 12. b page . 25 , 26 c num. 22. 35 c. 23 , & 24. 1 sam. 10. act. 5. 34 to 40 joh. 11. 49 , to 53. d ioh. 6. 70 , 71 mar. 6. 7. to 14 e matth. 5. 1. c. 13. 1 , 2. c. 8. 18. c. 9. 36. c. 14. 14 , 19. c. 11. 32 , 33 c. 21 8 , 9 , 10. luk. 8. 17 , 19. c. 8. 44 , 45. joh. 6. 2 , 5. mar. 12. 12 , 37. luk. 13 17. c. 18. 43. c. 2● . 38. c , 22. 1. joh. 7 40 43. &c. c. 8. 2. act. 2. 47. * this he confessed , and appeared by a writing before the committee of plundered ministers . * or as well as himselfe extracts many spirituall doctrines out of gamaliels secular speech in these very sermons . * therefore your principall argument ; that the seven particular churches in asia had no iurisdiction one over another , ( being under different civil dominions , and not members of the selfe same christian republike , ) ergo the whol parliament and church of england have no iurisdiction over particular parish churches or independent congregations in england ; is a meere independency . rockes improved comprising certaine poeticall meditations extracted from the contemplation of the nature and quality of rockes, a barren and harsh soyle, yet a fruitfull and delightfull subject of meditation / by vvilliam prynne ... prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a70872 of text r11087 in the english short title catalog (wing p4054). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 117 kb of xml-encoded text transcribed from 29 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a70872 wing p4054 estc r11087 12376803 ocm 12376803 60645 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a70872) transcribed from: (early english books online ; image set 60645) images scanned from microfilm: (early english books, 1641-1700 ; 223:9) rockes improved comprising certaine poeticall meditations extracted from the contemplation of the nature and quality of rockes, a barren and harsh soyle, yet a fruitfull and delightfull subject of meditation / by vvilliam prynne ... prynne, william, 1600-1669. [4], 52 p. printed by t. cotes fo michael sparke ..., london : 1641. errata: p. [4]. this item can also be found following "mount-orgueil" at reel 397:2. reproduction of original in huntington library. eng meditations. rocks -poetry. a70872 r11087 (wing p4054). civilwar no mount-orgueil: or divine and profitable meditations, raised from the contemplation of these three leaves of natures volume, 1. rockes, 2. se prynne, william 1641 20134 242 0 0 0 0 0 120 f the rate of 120 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2005-12 tcp assigned for keying and markup 2006-01 apex covantage keyed and coded from proquest page images 2006-03 emma (leeson) huber sampled and proofread 2006-03 emma (leeson) huber text and markup reviewed and edited 2006-04 pfs batch review (qc) and xml conversion rockes improved , comprising certaine poeticall meditations , extracted from the contemplation of the nature and quality of rockes ; a barren and harsh soyle ; yet a fruitfull , and delightfull subject of meditation . by vvilliam prynne , late exile , and close prisoner in mount-orgueil castle in the isle of iersy . psal. 18. 2. 31. 46. 2 sam. 22. 2. 3. 32. the lord is my rocke and my fortresse , and my deliverer , my god , my strength in whom i will trust , my buckler , and the horne of my salvation , and my high towre my saviour , thou savest mee from violence . who is a rocke save our god ? the lord liveth , and blessed be my rocke , and let the god of my salvation be exalted . psal. 40. 1 , 2 , 3. i waited patiently for the lord , and hee inclined unto mee , and heard my cry : he brought mee also out of an horrible pit , out of the miry clay , and set my feet upon a rocke , and established my goings , &c. london , printed by t. cotes for michael spacke , dwelling at the blue bible in greene a●bor 1641. to the right worshipfull his most highly honoured , speciall kind friend , the truly vertuous , and religious lady , anne carteret , wife to sir philip carteret knight : lievetenant governour , and baylisse of the isle of jersy . madame , vouchsafe to owne and patronize these meditations , which did first arise within those walls , which your bright vertues grace , and fitted were for that * high rockie place the poem 's like the subject , barren , rude , vncompt , yet wholsome to an heart renu'd : your kind acceptance will it crowne , and raise above its worth , and be the poets bayrs who for your noble favours whilst that hee remain'd close prisoner , exile in jerse . sequestred from all friends accesse , shall rest whiles any sparkes of life stay in his brest your ladiships most obliged , most devoted friend and servant william prynne . courteour reader , i shall request thee to correct these few presse errors , which have scaped in some coppies in my absence . errata . page 1. line 10. for the , read this . p. 3. l. 12. r. make . p. 28. l. 3 . when whom . 1.6 them r. him p. 19. l. 8 to r. in . p. 32. l. 24. of , on p. 33. l. 18. sinne , weeds . p 34. 7. they , these . p. 47. l 5 must , much . p. 65. l. 15. be , lie . p. 71. l. 19 greatest . p. 82. l. 21. lose , close . p. 83 l. 13. others , i. p. 93. l. 21. fined , fixed . p. 95 l 22. and , oh. l. 23 , satan , satin . p. 98. l. 25. them , then l. 27. stations , passions . p. 103 l. 15. over , ever . p. 108. l. 21 thee , they . p. 119 l. 6. to . or . p 125. l. 23 arriv'd , arm'd . l. 25. flattering . p. 149. l. 6. shall , should . p. 164. l. 1. the , then . p. 165. l ●● , th'one , thine . p. 169. l. 11. prints ' paints printers oft erre , but not as other men ; their errors are corrected with a pen . rockes improved . comprising certaine poeticall meditations , extracted from the contemplation of the nature and qualities of rockes ; a barren and harsh soyle , yet a fruitfull and delightfull subject of meditation . the proeme . when from the lofty * castle i espie the ragged rocks , which round about it lye ; my working thoughts begin from thence to raise some a meditations , to their makers praise , and mine own profit : which my heart may warm , yea mount to heaven , and vaine fancies charm . meditations of the first ranke , parallelling christ and rockes together . and first , the rockes doe lively represent a complete image , full of sweete content , of christ our rocke ; sith that both they and he in name and nature fitly doe agree . are they cal'd rockes ? so he in sacred writ a b rocke is stil'd , in these regards most fit . 1. the stony rockes no other father know but god who made them , from whose c word they flow so christ ( both god and man ) no father knowes but d god eternall ; from whose loines he flowes by such a e generation as exceedes mens shallow thoughts , and in them wonder breeds . 2. rockes are the f firmest ground whereon to lay , and found such buildings as shall not decay . but last and stand in spite of floods , stormes , wind , which may beate on them , yet no entrance finde , so g christ's the onely rocke , the tryed stone on which the church is built : on him alone our soules so safe , fast , firmely , founded lye , that they shall stand for all eternity unshaken , undemolisht , maugre all the h stormes , flands , winds , that on them beat & fall through men or devils malice : happie they who on this firme rocke , all their buildings lay . 3. rockes yeeld the sweetest i honey , men to feede : the k sweetest honey comforts , joyes proceede from christour rock , mens drooping souls to cheare and sweeten all sowre crosses which they heare . 4. all precious stones , and jewels rocks doe breed : all gemmes and pearles of grace from l christ proceed the first , our bodies decke , but for a space ; the last , our m souls , with an eternall gra●e . the first , in mans eyes are a lovely sight ; the last in gods eyes makes us shine most bright . o let us then , these jewels onely prise , which make us n comely in gods sacred eyes . 5. the richest mines of silver , gold , tin , lead , brasse , copper , in the wombes of o rockes are bred : whence not digg'd out with pains , they uselesse lie and none are better'd , or enricht thereby . thus all the mines , and treasures of gods grace are p hid in christ , as in their proper place . yet none doe happie , rich , or wealthy grow by these hidde treasures , though they overflow ; but those who take much q paines to dig them thence with prayers , teares , faith , hope , and patience . o let us then be ever drawing oare out of our rock christ , in whom there 's such store of richest golden mines , that all r who will may there their soules , and bagges for ever fill . 6. the purest , best , and pleasantst waters spring out of s rockes sides ; which sweete refreshment bring to man and beast , whose thirst they quench and stay , their bodies bathe , and wash their filth away . thus from our rocke christ , and his pierced side , such pearelesse streames of t blood and water glide , ( to save , bathe , clense , refresh all broken hearts , and quench hell flames , with sathans , fiery darts : ) as farre surpasse the purest streames that flow , from all the rockes , or fountaines here below . and now ( me thinks ) v the rock in wildernesse whence streames of waters gushed to redresse , and quench the peoples thirst , when moses rod it smote , and pierced by command from god . ( yea every rock whence cristall waters spring ) a lively x picture was , and is to bring our rocke christ to our mindes , and to present him to our eyes , and hearts with great content : from whose pierc'd hands and side with nayles and speare , whole y streames of precious blood , and waters cleare did sweetely flow , gods wrath to quench , allay , his peoples thirst , and wash their sinnes away . we neede not then a crucitixe , to bring christ to our mindes , sith every rocke and spring that flowes from thence , doth in more z lively wife present christ and his passion to our eyes ; let papists then behold their painted stickes ; each rocke to me shall be a crucifixe , as a god hath made it : and shall teach me more , than all the pictures of the roman whore ; which are meere b idoll , heathenish vanities , and c teach nought else , but errors , sinnes , and lies . 7. rock●s yeeld a pleasant d shade against the heate , the scorching sun and storms that on men beate ; which sweete refreshment to the weary brings , and cooles them more than any limpid springs . christ our rocke is a sweete refreshing e shade against all heates that scorch , all sinnes that lad● . his saints ; whose weary sinne-burnt soules can gaine no f rest but in his shade , which ends their paine ; yea fills them with such g peace , ioy , chearefulnesse , that they an heaven here on earth possess● . o let us still abide in this blest shade , where-with our soules are eas'd , and happy made . 8. the holes and clifts in rockes to which men h flye in times of danger , for security ; paint out the holes , clifts , wounds in christs pierc'd i side feete , hands , wherein our soules may safely hide themselves against all stormes that d●●●● , hell , world , flesh , or sinne can raise up , them to quell . o let us to these blessed holes , clifts flye for shelter , and in them both live and dye . yea let each hole and clift which we espie in rocks , present christs wounds , holes , to our eye , and so imprint them in our hearts and minde , that they may still sweete solace in them finde . 9. rockes 〈…〉 k w●are or waste , but last and know n●●hing●s , while things , seas still ebbe , and flow about them . so our rocke christ lasts for aye without ●ll change , both l yesterday , today , and still the s●●● for all eternitie , when all things else decay , waxe , old and dye . friends , p●●●nts , kindred , g●●ds , lands , cities , states , kings , kingdomes , yet the world , have m all their fates , falls , chang●● , periods ; and doe passe away ; whiles christ our rocke stands same at the n same stay . no change , ●g● o death can on him s●●●e , or lite , he still ●ontinues in the selfe-same plight , o let us then make him ●ur onely p stay , friend , tr●●sure , portion , who thus lasts for aye , then when all friends , helpes , stayes , hopes else faile , he alon● q more than all these to us will be . oh prize him most who doth all else excell , and still remaines when they bid us farewell . 10. rockes are to men the r strongest , safest fence , f●rt , r●fuge in all dangers : and from hence most castles , townes , forts on them setled ar , which guard whole kingdomes , both in peace and war ; to these men in all places us● to flye f●r ayde and shelter in extremitie , and is not christ our rocke , the strongest mound , the safest s refuge of his saints ? who found their forts , strength , fafty upon him , and flye to him alone in all their miserie ? where they in safty live , and dare defie both men and devils with securitie . o let us then on him alone repose our soules , who will t protect them from all foes . 11. doves , eagles , conies , fish in v rockes doe breed , build , dwell and hide themselves : christs chosen seede in x him alone breed , build , dwell , live , and ●ide from all such perills as shall them betide . let this their wisedome teach all others grace in this rock christ , their strength , nests , homes to place . 12. rockes have no outward y forme nor comeliness . to make them lovely . z scripture is expresse that christ our rocke had none , whence most a despise him whiles they view him but with carnall eyes . and yet as rockes , though ragged , vile and bare in outward forme , containe within them rare and precious jewels , stones , mines , of all kinds ; so though our rocke , christ , unto carnall minds in outward shew seemes base ; yet in him lye the b richest treasures , mines , gems , hid from eye : o judge not then by c outside , since corse skinne and rags oft times have treasures , pearles d within , whiles guilded outsides ( like a e pa●●ted grave ) nought else but dust , drosse , dung , within them have . 13. rockes fence the land against the raging seas , which else would swallow it with speed , and ease . so f christ defends his church and feeble sheepe , gainst deviils , tyrants , wolves ; who else would sweepe them cleane away , and speedily devoure , if not pr●t●cted by his mighty power . o give him then the praise of this sweete grace who thus preserves us safe in every place . 14. rockes oft times harbours make for ships to ride in safty both from pirats , stormes , winds , tide . so christ our rocke , an g harbour is to all , who flye to him , and for helpe on him call in all their troubles ; where they may repose themselves in safty , maugre stormes , or foes . 15. rockes through the world neare hand dispersed lie for men to h flye too , in extremitie . christ in i all places is still neare at band , a rocke to shield , and guard his chosen band , in all their dangers , and perplexities , thrice happy he who in him fenced lies . 16. god well accepted in most gratefull wise , and by some wonder grac'd the sacrifice which holy men upon bare k rockes did lay , and offer to him ; not on altars gay : thus god those praises , almes , teares , prayers , cryes , ( a christians best and onely l sacrifice ) doth most regard , and them alone approve which laid on m christ our rocke , doe from him move , and mount to heaven n sweetned with the fume of his rich odors , which their stincke consume . 17. altars of old were built on o rockes ; to shew that we no p altar else but christ should know ; and that all altars , offerings must proceede from him , or else they le stand us in no steede . those altars then are built but on the q sand , and sure to fall , which on christ doe not stand ; as none doe now , sith r christs death overthrew all altars but himselfe , both old and new . 18. no lasie , fearefull persons can ascend steepe craggie s rockes , but onely those who bend their mindes , force , might thereto , who hardly get vpon them but with earnest paine and sweat , nay falls , oft-times , and bruises : so all those who t sl●athfull are , with christ can never close : a rock so narrow , craggie , steep , sublime that , none , with ease , with paines , v few can him climbe , meeting with x many rubbes , falls , bruises , ere they climbe upon him , and a building reare . o then let all who thinke this rocke to mount of paines , sweat , fals , rubs , crosses , make y account . and then addresse themselves with z all their might vnto this worke , which will their paines requite . 19. rockes are too hard , on which to sleepe secure : and they must a watch , not sleepe whom christ keepes sure . those who intend on this rocke safe to lye , must b shake off sleepe , with all security : watching and c praying alwayes night and day , lest world , flesh , devill them surprize and slay . 20. rockes in , or neere the seas , and waters are ; and doe their heads , most part d above them beare : so christ , our rocke , on earth did oft reside neare to the sea ; yea , on it , walke and ride : lifting his head above the proudest seas , and calming all their raging waves with ease : to shew that he was e supreme lord of all the world , when seas and floods before him fall ; yea , prove a footestoole for his feete to tread , and g walke upon in safty , without dread . all other rockes in waters sincke , christ sailes , swimmes , walkes upon , and over them prevailes . 21. most , ragged rockes contemne , neglect , forsake , vntill some h dangers force them to betake themselves unto them for securitie , and then they prayse , and highly magnifie those rockes they held before in such disgrace , as the most strong , sweete , best , and safest place . so , most this rocke christ quite i neglect , despise , desert , abandon till k extremities enforce them to him , to protect and free . them from the evills which they feare and flee . and then no place so sweete , safe , delicate as this our rocke before left desolate . but yet as those who unto rockes doe flye , not out of love , but meere necessity , l for sake them quite , where as their dangers end ; so , such whom feares , or perills force , and send ( not sincere love ) to christ our rocke , l away depart from him , and will no longer stay , when as their dangers , troubles , feares are gone , and most unkindly leave him all alone . hence may all popelings learne , that multitude , christs , or his churches truth doth m ill conclude . 22. rockes humble are , and never upwards tend , mount , swell , but n downe their heads and motions bend . so christ our rocke , did o humble and abase himselfe , but never sought high state or place ; moving from heaven downe to earth below , to quench all pride , and make men humble grow . who then dares swell with pride , or haughtinesse when christ , himselfe did thus so low depresse ; though p king of kings , and lord of lords , most high , nay second person in the deity ? 23. high rocks a pleasant q prospect yeeld , whence men sea , land , nay heaven may the better ken. and with delight see farther , and farre more than they on lower ground beheld before . thus men high mounted on our rock , christ , view from thence , with most delight , such r pleasant , new and glorious sights of god , and things above as rap their soules , and make them sicke of love . thence they behold all earthly things below with other eyes , and both discerne and know them to be vile , base s drosse , meere vanity ; and very small when view'd thus from on high . 24. when t serpents upon rockes doe creepe or glide they leave no tract , way , steps , that can be spide . when that old serpent satan crept upon our rocke christ , with his strong temptation , he v nought prevailed , and no print , step , trace , of him or his assaults on him tooke place . 25. when christ our rocke for forty dayes and nights hid fasted , then the devill him incites to x turne stones into bread , himselfe to feede ; which he denide , though then he bread did neede : yet of his tender mercy to mankinde , and their poore soules , which are with hunger pinde , he dayly turnes a rocke ( himselfe ) to y bread of life , wherewith their hungry soules are fed . yea , rather than his chosen , bread shall neede , the rockes and stones their soules shall fat and feede , nay feast with those sweete wafers , which their minde , by z meditations doth within them finde . let then our hearts be right , we neede not feare a a want of bread , food , them to feede , feast , cheare , since every rocke and ston's a magazine to feede , store , feast them still with bread divine . 26. when god himselfe of his abundant grace shew'd forth his glorious presence , and blest face to moses and elias ; he them plac'd in b clifts or caves of rockes , and there them grac'd with this grand honour , him to view . when we gods sweetest c face and presence long to see , our soules to ravish ; we must stand , and hide within the clifts of our rock , christs peirc'd side ( which these rockes doe but d figure , ) the sole place wherein we may with comfort view gods face . o let our soules in these clifts dwell and stay , where god his e face and presence doth display , in such sweete manner , and such lively sort , as will our soules with love and joy transport . 27. rough ragged rockes and stones , cause men to f fall and stumble on them ; yea , oft times withall , themselves to bruise , maime , breake , and hurt so sore , that they expire therewith , and rise no more ; thus christ becomes to many a wicked one a g rocke effensive , and a stumbling stone who on him stumble , slip , and headlong fall , and dash themselves in pieces therewithall . o then beware how we against him hit spurne , stumble , who to () shivers will us split . 28. some h rockes of flint yeeld softest oyle , to swage , and supple hardest swellings , when they rage . heale wounds , and ulcers ; supplest oyles of grace , which i soften hard hearts in a little space ; k asswage our paine , our aches , wounds , sores cure , proceede from christ , a rocke most firme and sure . lord give us store of this soft oyle , that we our hearts made soft , our wounds quite heal'd may see . 29. the mines and treasures which in rockes hid lye , l exceede mans search and full discovery . the sacred hidden treasures which doe dwell in christ our rocke , are so m unsearchable ; vast , boundlesse , endlesse , that they farre exceede saints largest thoughts and in them wonder breede . o let us still contemplate more and more the n height , depth , length , breadth , of this searchlesse store . to fill our soules with sweetest joyes , and make them for the love of these , all else forsake . 30. rockes are most patient and doe not o complaine cry , stir , though tempests , seas , winds , axes , rain , nay sledges beat upon them , and them bruise , break , hew , cleave , pierce , cut , lance , & much misuse . so christ our rocke , endured p patiently , his crosse , wrongs , suffrings , death without all cry , complainte , resistance ; like a sheepe before her shearer , which doth neuer bleate , stir , roare . o let all christians now at last from q hence learne to beare crosses with like patience . 31. the r floods , windes , stormes against the rockes oft beate ; they still exposed are to cold , or heate : sometimes the seas surround & drown them quite and oft the yee and snow them hide from sight : so christ on earth s assaulted was with windes ; floodes , tempests , heate , cold , crosses of all kindes , which for a time did hide , immerge , at last , quite over-whelme him , till the storme was past . what christian then can thinke himselfe t secure from stormes , winds , floods , sith christ did them endure ? 32. when christ gave up the ghost , the ( v rockes did rent , the death of this cheefe rocke for to lament : yea , to beare witnesse of his deity , who though he dy'd , made x rockes in pi●●es flye . that heart is harder , worse than rock or stone , which christs death cannot rent , nor cause to moane . yea every y rockie heart must melt , 〈◊〉 , fall in pieces , when christ shall it shake , smite , call by his almighty hand , or voyce which make the hardest z rockes and hearts to melt , split , shake . lord let the thoughts of thy death quite relent our rockie hearts , and move them to repent . 33. rockes a seldome rot , corrupt , or putrifie : b christ rotted not , whilst he in grave did lye ; that so he might our rotten corps thence c raise free from corruption , him for aye to prayse . o feare not then , though we returne to dust , christ at the last d will scoure off all our rust , drosse , and corruption ; and our corps restore to such a state , that it shall dye no more ; but live in endlesse glory , and excell the e shining rayes , which in starres , moone , sunne , dwell . 34. rockes though they drowned be , appeare againe , and fixed in their places still remaine : so christ , though dead , and layd in grave , arose againe the f third day , yea to heav'n up goes , above the reach of floodes ; where he on high hath fixt his throne for all g eternity . here shall this ever-living raised rocke for ever h reigne amidst his chosen flocke . 35. our rocke christ being dead entombed lay within a i rocke ; where he grim death did slay . we , dust and earth , when dead , to k them returne : but our dead rocke , a rocke had for his vrne , which him receiv'd , and harbor'd even when , he slaine , and quite l rejected was by men . o rockes of flesh , and bowels , which first m rent themselves , his bloody passion to lament ! and then him in their bosomes lodge , and plac'd , when men him slew , forsook , and most disgrac'd ! o men ( more n hard than any rocke , flint , stone , who never , pitty , feele , regard , bemoane christs cruell death and passion ; nor receive him , when the rocks rent , and him house-roome give ! o let us learne from hence , how hard , unkinde , ingrate we are to him , who still shall o finde more pitty , harbor , love , from rockes than we , vntill our hearts by grace relented be . and let this thought our hearts of rocke now thaw , and floods of bitter teares out from them draw . 36. in fine ; when we consider that p christ lay intombed in a rocke ; yet the third day rose up from thence : it makes each hole and cave we see in rockes , no other but a grave : and points us out the q place where we must lye inter'd , ere long , and fits us still to r dye ; which done , it then revives our soules againe with this sweet thought , that we s shal not remaine in gr●ve for ever ; since our saviour rose from thence againe , to rayse us , and all those who are his members , from the dust , to t raigne in endlesse blisse , where he doth now remaine . let these sweete speculations ever cheare our drooping soules , and banish all their feare . thus barren rockes unto a pious minde may fruitfull prove , it it v christ in them finde ; when they in name and nature thus expresse unto the life , with fruite and pleasantnesse ; farre better than all pictures which the blinde , dull papists make , to bring them to their minde , as if his x word , workes , sacraments , yea , y man the truest , best idaea that we can have of him ) with each rocke , stone they espie were not enough to shew him to their eye , without those idols , which have thrust aside these better pictures , and christ from them hide . 38. blessed lord jesus who the z only rocke , and refuge art of thine elected flocke , teach us thus sweetely to behold , and view thee in each rocke we see ; for to renue , melt , change , delight , rejoyce our hearts , & make them out of love to thee , all else a forsake : still b living , cleaving , dying unto thee the onely rocke , where they full safe shall be . meditations of the second kinde , comparing rockes and sinnes together . againe , me thinkes , the rockes doe typifie , the nature of those sinnes which in us lye . 1. for first , all rockes exceeding c heavie are , to those who them upon their shoulders beare : yet light , not pondrous to their proper place : so , to all hearts renu'd with saving grace all sinnes more d heavie than rockes are , and seeme ; though stony hearts them light and easie deeme . e 2. rockes presse and bruise them sore on whom they lye , and for meere anguish make them roare and cry . sinnes doe fo too ; when god doth once awake mens soules , their pressure makes them f roare and quake . o then beware of sinnes , which g bruise , oppresse our soules , and worke nought else but their distresse . rockes sinke , and bend still h downe wards : sins doe so , tending to i hell the place to which they goe : each day they sinke men lower than they were , till by degrees they them to hell downe-beare . oh then betimes shake off these k weights , which presse and sinke our soules to hell , without redresse . 4. rocks l cold , hard , dead and senselesse are ; m sins make all such , within whose hearts they lodgings take : beware then how such guests we entertaine , by which our soules are deaded , hurt and slaine . 5. rockes make men oft to stumble , slip , and fall ; and break their bones , limbs , neckes , oft times withall : sinnes o doe the like . if then we would be free from slips and break-neck-falls , we must them flee . 6. rockes are p deformed , horrid , barren , vile ; and so are q sinnes , with all whom they defile . these make men ugly , filthy , steril , base , and all their glory , beauty quite deface ; yea , change them into r monsters , wolves , dogs , swine ; nay s fiends incarnate . o then sinnes decline ! 7. where t rockes once fixe their stations , they remaine ; and none but god can move them thence againe : so sins once setled in mens hearts , there v stand east ●entred , till gods owne almighty hand expell them thence . o then let no sinnes lye upon our soules , but out them presently , lest they should x settle ; for if once they rest within them , they are hardly dispossest . 8. rockes are y exceeding hard to batter , breake , mine , pierce , demolish . so let all men speake , and they must say , that z all sinnes are so too , we ruine , breake them still with much adoe . he who doth thinke his sinnes with ease to quell , shall never tame , nor from him them expell . 9. rockes make their dwellers a fearelesse , and secure of foes or perils , and to thinke all sure : sinnes b doe the like to those that in them dwell ; who feare no dangers till they sinke to bell . o then beware lest sinnes make us secure . no state's so ill , as that which seemes most sure ! 10. all rockes are c blushlesse , shamelesse , impudent ; sinnes are so too , nought can then daunt , relent . and by degrees mens hearts , browes they so d steele that they no sinne , blush , shame , disgrace can feele . take ●eede then lest sinne , first , us shamelesse make , then senselesse , gracelesse , fit for hells dread lake . 11. rocks , stones e good grounds oft spoyle , and quite deface : so f sinnes good men deprave , marre sham● , disgrace . 12. rockes , stones in fertile soiles them g barren make ; and nought will spring , or grow there , till men take them thence : so rockes and stones of sinne decay , and make men h fruitlesse till remov'd away . no fruites of grace will ever grow , or sprout up in them , till these stones be digged out . 13. great rockes i apparent are to each mans eye , and all both farre and neare may them espie . great sinnes in all , in k great men specially , themselves to all both farre and neare descry ; whence l scripture faith , they are on rockes tops set , and doe in m others worlds of sinnes beget . let all , but great ones chiefely , all sinnes flye ; which though kept close , will yet n themselves descry . 14. wilde o goates in rockes feede , live , and much delight : so , wicked men , stil'd p goates both day and night in q sinnes and lusts doe wallow , live and joy ; though they their soules at last will quite destroy ▪ o madnesse ! thus in sinnes to take delight ; which against god , soule , body , alwayes r fight . 15. the steepe high rockes , and forts which on them stand are never s seal'd , or won but by strong hand ; much paines , long seige , or famine , which doe pine , or starve their men , and cause them to resigne . the steepe , high , craggie rockes and forts of sin within us , none can ever t s●ale , force , win , but by strong hand , much cost , paines , sweate , strife , care , long seige , and fasts , by which they starved are , and forc'd at last for very want to yeeld , where else they would have made us leave the field . it s then no easie thing to conquer sinne : they must bestir them who its forts would winne . 16. rockes , v wrecke , sinke , breake ships , boates : so sins oft x split and drowne those soules which on them dash or hit ; not in sea-waters , but in lakes of fire , where they shall ever feele gods scorching ire . 17. instruct us then , o christ , our rocke , to shun all sinnes as rockes , and not on them to run , for feare of ruine , and still give us grace to flye these rockes of sinne in every place , with greater care than y sea-men do● avoyde those noted rockes , which thousands have destroyd ; not once presuming to approach or hit against such rockes , as others soules have split . and since sunke rockes of z secret sinnes that lye hid in our hearts , and a worldly ●●●●ity , mirth , pastimes , pleasures , ( whe●e we le●st suspect , or feare a danger ) most soules still have wre●kt ; teach us these rocks to see , and then to flye with chiefest care , and them not to come nigh . yea , sith no sea so fraught with rockes can be , as this whereon our soules sayle towards thee : o shield us from these rocks by thy great power , which else will split and sinke us every houre : that so we may at last arive secure in heaven's blest port , where joyes for aye endure . meditations of the third sort , suiting rockes , and gods elect together . besides , these rockes present before our eyes the state of gods elect , in lively wise . 1. rockes fixed are , not tossed to and fro , with every winde , storme , tempest : even so gods chosen sheepe with c firme and stable hearts adhere to him in all their troubles , smarts : no stormes , windes , crosses , changes can remove them from his word , sonne , spirit , truth or love : when d troopes of others shrinke , and fall away , they cleave to him as to their onely stay . 2. rockes many e winds , stormes , tempests undergoe : and doe not all the f saints , whiles here , doe so ? 3. rockes meekely beare and suffer stormes that fall , and never fret , rage , or repine at all : gods g saints without all murmur , fret , or cry their crosses , losses beare most quietly ; submitting unto god , whose providence all bitter potions doth to them dispense . 4. all men on h rockes may safely build and rest : and of all trusty friends , the saints are best . on i whom we may all times with trust relye , and to them in all dangers safely flye . 5. rockes k bare and ragged are : the saints oft l poore , in outward state ; but seldome begge at doore . 6. yet though rockes outsides be but base and rude , they richest mines within their wombes include : so though saints outsides be but ragged , base , within them m hidden lye gold-mines of grace . 7. stone● digged out of rockes and hewed square the n fairest temples , buildings make that are . so gods elect , though vile whiles that they lye in natures quarries in deformitie ; yet hew'de out thence , squar'd , polisht by gods grace , and layd in order in their proper place , become o rich temples wherein god doth dwell , and doe all other structures farre excell , in worth , and glory : lord thus square , and lay us in these sacred walls , which last for aye . 8. rockes for the most part lowly are and meeke : the p saints are so , and no high places seeke ; in this vaine world ; where they dejected lye till god advance them to the starrie skie . 9. rockes kingdomes , islands guard and fortifie gainst raging seas , floods , stormes , and enemie : q saints holy lives , and frequent prayers ar states surest guards ; forts , both in peace and war ; these shield-off judgements , foes , plagues , yea gods ire , which else would wast , and scorch them worse than fire . 10. rockes from their sides send forth r springs sweete and pure , mens thirst to quench , their wounds and sores to cure : and who but christ and saints can s comfort bring to sinne-sicke soules , and those who feele the sting gripes , torments , flames of hell and conscience ? or binde up broken , hearts , and chase from thence all feares and horrid terrors ? which an hell on earth oft make in those wherein they dwell ? hence all such wounded soules doe ever fly to t these for comfort in extremity : since no ungodly wretch can cheare , or ease a sinne-sicke soule , nor aking heart appease . 11. rockes most despised and neglected are , as worthlesse creatures : thus gods saints oft fare v contem'd , abhor'd of most , as vile and base , though of mankinde the onely pearles , starres , grace . 12. rockes hurt no shippes , boates , men , but such as x hit themselves against them ; and so breake or split : so gods elect doe never hurt , breake , quash any , but those who y wilfully rune , dash , bruise , breake themselves against them ; who must check and blame themselves , not them , for this their wreck . 13. god first ingrav'd his sacred lawes upon a marble rocke z a table made of stone ; not brittle glasse , soft paper ; that they might out last all time : god , still , his lawes doth write on hardest rockes ; saints stable a hearts , whereby they time survive , and gaine eternity . the two first stony tables whereupon god stampt his lawes , broke , lost were long agon : these harder tables of saints hearts remaine , and in them gods blest lawes for aye retaine . lord , i my heart a b rocke have made : o carve therein thy lawes , from which it may not swarve and since it shall out-dure the firmest rocke , o , this rich treasure ever in it locke ! yea , make each saints stone-heart the treasury of thy sweete lawes , for all eternity . 14. rockes in most places thinly scatred are ; saints in all places are most c thinne and rare . d dispersed here and there , where hid they lye in secret corners in obscurity ; driven from country , lands , house , home , by those who for their e goodnesse onely are their foes . 15. rockes burnt to f lime , doe fasten , joyne , sement stones in all buildings , and them free from rent : yea ; laid on barren grounds where nought would spring , they make them fertile , and great crops to bring : so gods elect , when melted by the flame of his sweete spirit , g knit , unite the frame and stones of his church here on earth together , and keepe out errours , sects that would it sever : yea , sent to barren soiles where grew no grace , they make them h fruitfull , and in better case . 16. rockes cut and polisht , turne to richest gems become kings treasures , i crowne their diadems . saints squar'd and polisht from their drosse by grace , prove gods rich k jewels , in his crowne have place . lord so refine me that i may be set , a stone , pearle , jewel in thy coroner . amidst those saints which thou reput'st such gems as farre excell , out-shine all diadems . sweete jesus make me of thy chosen flocke , that i , like them , may be a blessed rocke . meditations of the fourth classe , sampling rockes , and rockie hearts , with ungodly men , together . yet more , me thinkes rockes represent to all mans rockie heart , and nature , since the fall , in some respects , wherein they well agree with stony hearts ; from which god make us free . 1. rockes are exceeding l shamelesse , impudent , nought will them daunt , or cause for to relents so men of stony hearts , have m browes of s●●●●● , faces of rocke , which no blush , shame can feele . no shamefull sinne , convictions , or disgrace will daunt , or cause them once to hide the face . it is their n glory to be voyd of shame , and vaunt of that which doth them most defame . 2. rockes shew no mercy , but to o peeces mall , breake , bruise , or hurt , all those on whom they fall . so men of rockie hearts are p mercilesse , and breake , bruise , teare , crush , all they doe oppresse . no cries , parts , vertues , merits can asswage their cruell projects , nor divert their rage . o let me rather fall into the pawes of q beares or lyons , than an hard hearts james . 3. rocks make those r milstones which doe grinde , bruise , teare the corne we use , to make us bread , or beere : so men of rockie hearts still serve to s grinde , presse , bruise gods chosen , till they be refinde from all their huskes of sinne , and made meete food for gods sweete pallate , to their greatest good . 4. some rockes burnt in the fornace harder grow ; and nought but t st●ele , or iron from them flow : which serves to breake , hew , polish , fit , and square rude rockes and stones , and stately piles to reare : gods fery fornace rockie hearts makes more v hard , and obdurate than they were before ; yea all its scorching heate the which they feele , serves but to turne them into harder steele , or iron ; for to breake , hew , polish , pare the rockes and stones which god layes in the rare and choisest buildings of his church : whose walls are x built , not ras'd , with these hard iron malls . and tooles of steele , though they no y part nor share have in the temples which they helpe to reare . 5. the most mischievous instruments of war wounds , bloodshed , first from z rockes extracted ar ; as canons , musquets , bullets , sword , bills , speares with other weapons , where with man kills , teares , torments , maimes , stabs his brother in despite , as if he did in nought but blood delight : so from mens stony a hearts first flow and spring all mischiefes , murders , warres , sinnes , each ill thing : these were the artists which did first invent each bloody , murth'ring , warlike instrument ; the shops in which they forged were , the armes that weild them still , & work a world of harmes . o cursed hearts of rocke from whence doe flow all evills , mischiefes , woes we heare , see , know ! lord free and ever keepe us from such hearts , which are the cause of all our sinnes , ills , smarts . 6. rocker make those in them b carelesse , proud , secure from feare of danger : stony hearts are sure to make all c such , in whom they a●e , and snare them in great mischieses ere they be aware . rockes are d exceeding hard ; and sooner broke than squar'd or polisht with the axes stroke : mens stony hearts so hard and flinty are , that all gods a●es , judgements e cannot square them to his rules , nor cause them to amend , and sooner breake than rent , or make them bend . he who in hardest f stones of old imprest his sacred lawes , upon a rockie brest cannot ingrave them : lord what hearts of flint have men , whereon thy lawes can make no print ! nought but childs blood these g adamants can thur and square then to the models if gods law 8. no heate of sunne or fornace rockes will melt , but harden rather , and their heat 's not felt : gods h sun-shine mercies , and his sweetest grace ; his fiery fornace , and his frowning fa●e , mens rockie hearts will neither warme , relent , affect , melt , change , nor more them to repent . 9. most rock , 〈◊〉 l 〈◊〉 , yeelding nought for back or belly , that mankinde or beasts doe lack : mens k st●ni● heart● as barren : no good thing , no fruites of grace , faith , v●●●●● in it 〈◊〉 . 10. thornes , thistles , l brambles , weedes of rocke of● grow ; all stony hearts with these , still m over-flow ; fruitefull in nothing , but those 〈◊〉 of vice , and sinne , which barre them out of paradise . 11. rockes deafe and sencelesse are of good , and ill : hard n hearts are so , and neither can , doe , will , gods word , law , workes regard , heare , understand ; nor , feare his angry ; kisse , his soothing hand . 12. the fiereest stormes , o winds , waves , on rockes doe dash : gods p sorest judgements stonie hearts doe lash : and though they seldome feele gods stroke or curse ; this nothing mends , but q makes their case farre worse . 13. the pleasant showres , drops , dewes that on rockes light . make them not fruitfull , nor in better plight : but glide away forthwith , not sinking downe to make them mellow , good , or sinne to drowne : so rockie r hearty , though they receive the raine , and frequent flowres of god , blest word ; remaine still barren , hard , and sencelesse ; nought will stay that drops upon them , but all slides away that 's good or sacred ; onely flouds of s sinne , sinke downe with speede , and freely enter in . 14. none craggie t rockes will till , plough , plant , or saw ; their labours lost who doe it , nought will grow . obdurate hearts few use to plough or till with godly precepts , counsells ; sith they still v neglect , deride , contemne them ; so at all the seede is lost which on the rockes doth fall . 15. rockes blunt , and hurt the edge of tooles that smite , or square them for good uses ; yea in spite their chips and shivers dash against the eyes , face , shins of those that hew them . loe the guise of rockie hearts , which x hurt and malice those who checke their sinnes , and hate them as their foes . yea , let their pastors in their ministry but touch their sores , into their face they flye : so zealous are they for those sinnes , which end in hell , when they will not gods cause defend . o that our zeale for god were halfe so much as for our darling crimes , when men them touch : then would we let them y strike , wound , lance , yea slay our dearest sinnes ; and thanke , not them gaine-say . 16. rockes cold and heavie are , and z never move out of their places ; nor mount up above unlesse perforce ; and then they ever a bend downe to the center ; whence they did ascend so b rockie hearts are cold , and lumpish still to all that good is ; prone to nought but ill : no love , heate , zeale to god within them flame ; his cause they 'le not stir in for love , nor shame : their thoughts , minds , cares are fixt on c things below , and never upwards soare to view , mind , know the things above ; unlesse some d sodaine feare of death , hell , danger up them scrue or reare against their wills : which past , to earth they hie with greater poyse , and there still groveling lie . 17. rockes e dumbe and silent are : so hearts of stone for good discourse have neither tongue , nor tone sitting still f mute like stones without voyce , sence , when any fall to godly conference . 18. rockes g bare and naked are ; whence all may spie their nakednesse , and grosse deformitie . all stony hearts , are h naked , poore , and bare ; their barenesse , vilenesse , wants exposed are to all mens view ; till christs rich robes of grace cloath or adorne them , and these wants deface . 19. rockes livelesse are ; and stony hearts are i dead ; no life of grace was ever in them bred : yea , all who now draw breath , must shortly k dye , ( who knowes how soone ) and dead as rockes shall lye . 20. rockes till by force they broken be , and slit , l hewd , polisht , for all buildings are unfit : thus rockie hearts till god them m rent , hew , square ; to build his house , church , temple , uselesse are . 21. rockes make men n fall and stumble , to their paine and hurt : that o rockie hearts doe thus , t is plaine ; since all our slips , falls , bruises , sinnes proceede from stony hearts , which make us take no heede . 22. rockes p shipwracke those , who doe too neare them sayle ; and sunken rockes to split ships most prevaile : thus rockie hearts unlesse we from them fly will q wracke us all ; but yet especially when neither felt , nor seene : for then we run with full-saile on them , and are quite undone . 23. rockes feele no burthens , weights that on them lie ; so rockie hearts doe never r sigh , groane , cry vnder the weights and burthens of their crimes , ( though s heavier than the sands a thousand times ) and why ? because they never feele their poyse till it them sinke to hell , and quite destroyes . 24. not all the men on earth , with all their art can make one rock , or stone ; much lesse an heart ; but onely t god himselfe : yet men alone are the v creators of all hearts of stone , not god : o wonder , that men should create nought but hard rockie hearts which god doth hate : such hearts can none else but men , fathers call , which sinke still downewards , till to hell they fall . 25. o then when ever we a rocke shall see , let these thoughts to our mindes recalled be : yea , ponder what old x rockie hearts we have by sinne and nature : then new , soft hearts crave , with fervent prayers , grones , sighes , teares ; so we our hearts of rocke , to flesh transform'd shall see . and if we finde , feele , know by signes most sure our hearts thus changed , and made soft , and pure ; let us forever in word , deede , life , thought , extoll and ( y ) praise him who this change hath wrought ; keeping a narrow z watch both night and day , over our cheating hearts ; for feare lest the : should by degrees freeze , or grow a hard againe , yea turne to rockes , and so for aye remaine . 26. sweete jesus b take our stony hearts away , and give us hearts of flesh , we humbly pray ; and of all other plagues , from us avert this as the greatest , an obdurate heart . and since of all our parts thou dost require , seeke , prize our c hearts most ; grant us we desire such broken , contrite tender hearts , as may delight thee most ; and never from thee stray . such hearts thou onely canst d create , not we ; make our hearts such ; then happy shall we be . miscellanie meditations of the fifth kinde . to winde up all ; rockes to our mindes present some other usefull thoughts , with great content . 1. when we behold some e stones with tooles and barres dig'd out of rockes , and taken from the quarres ; to build some stately church ; whiles others stay still there , unwrought ; though quite as good as they : it mindes us of that common rocke wherein mankinde corrupted lay , through adams sinne : from whence god by f election and meete grace culls out some stones ( though few ) which he doth place within his churches buildings ; where they lie fast joyn'd to christ , for all eternitie : when as all others ( though as good as they and of the selfe same rocke , quar , lumpe , and clay : ) ●ye still unpolisht , in the rotten masse , and state of sinne , untill to hell they passe ; without injustice , since gods grace is g free ; and none but for h some sinne shall damned be . 2. when i consider that all i tombestones , urnes , and tombes , where man , * meere dust , to dust returnes ; are broken pieces of some rockes ; i then behold my tombe-stone , in each rocke i ken : and say ; loe here 's the lasting monument wherein my body must ere long be pent , and shut close prisner , till the k judgement day , when all its rust and bolts shall fall away . which thought digested , makes me still amend my life ; and fits me alwayes for mine end . let all revolve it oft within their minde , and they shall treasure , honey in it finde . 3. when i behold some people dwell , live , lye in l caves of rockes ; i then thinke presently ; he who a cottage wants his head to hide , shall finde some rocke , or hole where to abide ; in which he may sleepe freer from feares , foes , and cares , than those whom castles , guards , inclose . what neede we care then here for house or home , if these should faile , yet rockes will give us roome to lodge and hide in : here m gods dearest saints have liv●d , and bid oft times without complaints ; and beene more happie in these caved stones than greatest monarchs in their royall thrones . repine not then though clifts of rocks should be thine house or home , sith there thou mayst be free , safe , blessed , chearefull , and to god more nigh than those who in the fairest pallace lye . 4. the precious jewels n treasures , stones which are lockt up and bid in coursest rockes , declare gods dearest saints and jewels common case , and state on earth : who thrust out with disgrace from house and home , enforced are to flye to o cave● and rocke● , where they imprisned lye : whence driven out againe by bloody foes ( like gold or jewels out of rockes ; ) they close and locke them up againe in p prisons , goales or nastie dungeons , amidst filth , dust , * coles , the ●●mmon q c●●kets where these gemmes , pearles lye vnti●l 〈◊〉 fl●mes them into ashe● frie . ye●●●●rag● noble s●ules , whiles thus you fare it 's a sure signe you pe●relesse r j●wels are , and god ▪ choyce tre●●ure , since you under locke , thus lye , ●ike gold , gems in some casket , rocke : and that you shall be s surest kept of any , because kept closest , and not seene of many . the choycest things men ever closest t locke ▪ and wolves runne loose , whiles god doth v fold his flocke . 5. rockes love to x shew , not hide their nakednesse : adam and eve y blusht at their naked dresse when they beheld it , and did bide for shame , till they with coates of figge-leaves vail'd the same . those wanton females then that take delight , their z naked breasts , neckes , armes , ( like some strange sight ) to shew to others , without blush or shame , in spight of god , men , who them taxe and blame : are rather shamelesse rockes than adams race ; and for the most part voyd of sence , shame , grace ; if not of honour , and true a chastitie , sith most is common which doth open lye . 6. when we behold men with much danger , swet , paines , trouble , vilest wrack to gather , get , and draw from sea-rockes , for to burne , or dresse their tilled grounds , and mend their fruitfulnesse . me thinkes it should wring b teares from us , to see what paines these take for dung , whiles they and wee doe not take halfe the care , paines , travell , sw●et the richest gems of grace to digge , fetch , get from christ our rocke , which would not onely cheare and warme our soules , and make them fruite to beare ; but them c adorne , enrich , store in such wise , that they all else as vile dung would despise . for shame then henceforth let us take d more paine these richest gemmes , than they base wracke to gaine . 7. when i a rent or clift in rockes espie , it mindes me of the dreadfull majestie , and mighty power of our god which make the hardest e rockes for feare to split f rent shake and duely pondred would in peeces teare our rockie hearts , & make them quake for feare 8. when i behold men , tempests , waves , raine , winde , beate long on g rockes , and yet no entrance finde : it makes me see what h rockie hearts we have at which though christ ( who seekes our soules to save ) doth dayly i knocke by his word , grace and sp●rit , saints , preachers , motions ; and oft times them smite with sundry judgements , tempests , seas , malles , winds to make them open , yet but k seldome finds , or makes an entrance : nay though many yeares , he thus beates on them , yet no fruite appeares : o hearts more hard than any rocke , flint , steele , which all these strokes upon them never seele ! o l patient jesus ! who so long canst beare , with such hard hearts , which will not melt nor teare ! 9. when i behold rockes , stones , most ragged , base , rude and deformed in their native place , m hew'd out from thence , and polisht by man-kinde turn'd into goodly structures of each kinde and made rich statucs , n jewels , ouches , gemmes , yea , set in gold and royall diadems . i thence conclude , that god with much more ease speede , art , can turne , when ever he shall please , the o hardest , vilest , rockie hearts that are into rich temples , jewels , gemmes most rare ; yea set them in christs very royall crowne like precious stones unto their great renowne . as he did p paul , q manasses , and all those most glorious saints which heav'n doth now inclose . let no man then though ne're so meane , vile , base , lewd , sinfull , once despaire of gods free grace , which in a moment can r change and transtate him from his wretched to a glorious state . 10. when as i see the s waters that doe streame and gush from stony rockes , me thinkes they seeme a lively image of those t teares that flow from rockie hearts , when they once tender grow . through gods sweete grace and spirit , which can melt the hardest hearts to teares , and them relent as he did rockes of old , whence v water gusht by streames when he them either smote or crusht . blessed lord jesus , soften , breake , relent our hearts of rocke , and cause them to repent , and send forth streames , nay floods of teares to wash , our sinnes away , and all their force to quash . 11. x eagles in lofty rockes still breed and lye , and from their toppes their prey farre off espie : gods chosen saints whom scriptures oft compare to y eagles , upon christ high mounted are : ( the tallest rocke ) on whom they z build , lodge , stay , and thence they seeke , finde , take their sacred prey . lord make our soules with eagles wings to flye , to this sweete rocke , and there to live and dye . 12. when i contemplate how rockes a christall springs which serve to moisten , soften other things , make trees , herbes , grasse , plants , flowers spring and grow ; and queneh the thiest of all things here below ; yet neither moysten , soften , fructifie the rockes themselves , still barren , fruitlesse , dry : me thinkes i view in them some rockie hearts , endew'd with rare , rich , profitable parts of art and nature ; which doe good to many , yet to their owners good , they doe not any . how many preachers others helpe to save yet b damne themselves ? and whiles they others gave the food of life , have starv'd themselves to death : others made fertile , themselves barren heath ? how many c wise to teach , rule , counsell all except themselves , and so through folly fall : it s hardly worth the name of good art , skill that betters others , makes the owners ill. 13. when i espie rockes trampled on by all , christs and true christians states , to minde i call . d trod under feete , with all contempt , spite , hate throughout the world , and valu'd at no rate . complaine not then of any dis-respect . no greater honour than ill mens neglect . 14. each vaste , high-towring , massie rocke we eye presents to us the strength and potencie of that almighty god , whose e potent hand did in a moment , both by sea and land raise up so many vaste high piles , and packe such massie rockes on one anothers backe ; without an engin , by his f word alone , and them so strongly soder one to one that all the art , wit , strength , in man's to weake to rase these mounts , and them in peeces breake . we wonder much at * stonedge , where there lye a few large stones , pil'd vp not very high on one anothers head , and thinke it strange , how men such pondrous stones eould reare and range , in such a manner , though these great stones be but pigmies , pibbles to the rockes we see . how much more then with wonder and amaze should we upon those massie high rockes gaze which them so far in bulk , weight , height exceed , and may true admiration in us breed of gods almighty power , which could raise such grand , rare , lasting trophies to his praise . to which all structures made by men doe seeme but mole-hills , attomes , and of no esteeme . he who such heavie rockes could make , lift , reare , g weigh , tosse with ease , as if they feathers were ; with greater ease can lift and elevate his humbled saints out of their h lowest state : and in an instant into i shivers dash , all who with him or them presume to clash . 15. when we discerne the sea , and time to k weare the very rockes , and them to waste , eate , teare ; thinke and contemplate then , how time , age , space all things consume , waste , weaken and deface ; but chiefely men , compact of l dust , not stone who fade like m grasse , are in a moment gone . how can meere dust and ashes thinke to last , when time and age the hardest rockes doe wast ? 16. those who in lofty , fenced , steepe rockes dwell are n haughty , proud , secure , and farre excell most others in these vices , slighting all , as if no mischiefe could upon them fall . whence sodaine dangers , ruines them surprise ( to quell their pride ) from those they most despise ; thus carnall men advanc'd and fortifide with potent friends , wealth , honours , swell with o pride ; deride all dangers , foes , grow so secure , as if their props and stayes should still endure . whence god their pride to punish and abate casts them downe head-long by some sodaine fate . which should make all , but great men specially beware of pride , and grosse security , the sad p fore-runners of a certaine fall , which them and theirs will soone to peeces mall . 17. when as we see men with must cost and paine to mine the rocks , and treasures thence to gaine of sundry sorts ; where with they much increase their wealth , and make things meete for warre and peace : it forth-with mindes us how with farre more care , cost , paines , sweat , labour all who christians are , should dayly q search , and mynefor richer oare in christ their rocke ; in whom there is such store of peerelesse mines , and treasures of each kinde as well content , yea r fill the vastest minde ; and store all christians with all things they need in peace and war , life , death ! let this then breed a resolution in us , still to mine , and draw these treasures from this rock divine . 18. whiles that we view men rockes to smite , pierce , rent with sledges , axes , or like instrument ; we then should ponder , how we all each day our blessed rocke christ jesus s smite , stab , slay a fresh with those accursed sinnes and crimes where-with we grieve , pierce , wound him at all times : which thought should turne the edge , and point of all our sinnes from him ; upon our selves to mall breake , wound our rockie hearts , because we rent , abuse christ thus ; and cause us to repent . 19. when we espie rockes dart out sparkes of fire when smote , or cut with tooles of steele or i're : it sweetely mindes us , how the hand of god smiting upon us with an t iron rod should from our hearts of rocke extract and draw such sacred sparkes , yet flames as should them thaw , purge all their drosse away , and them inflame with a most ardent love , unto his name . lord when thy rod shall ever on us lite , let it such sparkes , and flames in us excite . 20. springs , quarries , mines in rockes , ne're drawne quite drie ; present most sweetely to each minde and eye the v inexhausted , boundlesse , endlesse mines , springs , treasures , stares , and vastest magazines of grace and goodnesse , which inclosed lye , within the bosome of the deity . to feede , feast , fill , enrich , each hungry , poore , sad , pined soule , with all their matchlesse store . the very thoughts whereof our hearts should fill with sweetest solace , and delight them still . 21. when i perceive the smallest pibble x sinke in floods , as deepe as greatest rockes ; i thinke how smallest sinnes are deadly , and as well , as soone almost , as great , sinke men to hell . o then beware of all sinnes , since the small as well as great to y hell thus ●●nd and fall . let papists talke of veniall sinnes , i trow no sinne is veniall , when all sinke so low . 22. the worthlesse rubbish in each rocke exceeds , and hides the mines and precious stones it breeds : yea , richest mines have ever greater store of drosse and off all , than refined oare . which pondred , learnes us , how each place , z church breeds more bad than good : that good mens ill , exceeds their goodnesse : that the bad , good men obscure as rubbish hides , surmounts the oare that 's pure . hence multitude , and visibility appeare ill markes a churches truth to trie . 23. when a rockes or stones fall on men , and them dash to peeces , or at least them bruise and quash : it mindes us how our rocke christ b grindeth all to powder , upon whom be doth once fall . o then beware how we pull on our backes this massie rocke which men to peeces crackes . 24. c rockes keepe from sinking those who walke or stand vpon them , whiles such , who on bogges , floods , sand doe walke , d rest , stay , sinke downe and mired are , yea oft times drowned without speciall care . hence may we learne that those who walke , rest , stay , themselves on christ ( the surest rocke ) alway stand firme , safe , stable ; never sinking downe ; whiles those who on bogges , sands sinke , stand , and drowne . o let our feete on this rocke still abide then are we certaine not to sinke , fall , slide . 25. rockes those who dwell upon them fence , e defend , but those who scale them , hurt , bruise and offend . so christ our rocke f protects his chosen sheepe who rest upon him , doth them safely keepe . yet hurts and breakes to g peeces all such foes , who dare presume him , and them to oppose . 26. the sight of rockes , their h clists , caves , holes should minds , all of the day of judgement , yet behinde : so full of dreadfull terrour and affright that i kings themselves , and men of greatest might shall quake and shake for very feare ; and call vnto the rockes and hills on them to fall ; and into caves , h●les , clifts of rockes shall flye to hide them from the w●ath , s●●ht , maje●tie of christ our rocke , before 〈…〉 the rockes shall then melt , fill , quake , change their place . and all the k stout , proud , rockie hearts of those who did himselfe , word , grace , saints here oppose . shall be so daunted , stonisht , strucke with feare and horrour , that they l dare not once appeare ; till drag'd perforce before christs barre and face , where try'd , convict , condemn'd ; with all disgrace they shall be cast for all eternity into hels fiery flames , there still to fry . o let the terrour of this dismall day , ( which now drawes neere , and we should m mind alway ; ) for ever scare us from all sinne , and make our stony hearts to melt , bleed , sigh , breake , ake : and cause us now with speed to flye and hide our selves within the holes of christs pierc'd side , who shall us o judge : and then we boldly may o lift up our heads , and hearts in that great day with joyfull cheare , when others hang them downe ; and eke receive a rich , large , massie p crowne . of endlesse glory , in the heavens high where we shall reigne for all eternity . o christ ( our onely rocke ) of thy free grace advance , and bring us to this blisfull place : and let each rocke , clist , stone we henceforth see instruct us thus , and bring us home to thee . the conclusion . vvith these sweete usefull thoughts , and thousands more the barren rockes , our hearts , and minds may store when we behold them : and if natures booke , and rockes , whiles we upon them dayly looke , can teach us nothing which our lives may mend , or cause our hearts , minds , thoughts up to ascend to christ their rock , god , and the things above , them to contemplate with the greatest love ; our hearts are rockie ; we , quite voyd of grace ; and rockes than we , are yet in better case . finis . notes, typically marginal, from the original text notes for div a70872e-170 * mount orgueil . notes for div a70872e-790 * mount-orguil . a psal. 77. 12. psal. 19. 14. psal. 143. 5. psal 104. 34. notes for div a70872e-910 b 1 cor. 10 4. psal. 18. 2. 31. 46. ps. 28. 1 ps. 21. 3. psa. 42. 4. ps. 62. 2. 7. psal. 71. 3. ps. 89. 26. psal. 92. 15. ps. 94. 22. psal. 95. 1. deut. 32. 31. 2 sam. 22. 2. 3. 32. 47. c psal. 148. 5. ioh. 3. 3. d ioh. 5. 17. 18. ioh. 8. 16. 18. 19. 28. 38. 41. 49. 54. e ioh. 1. 14. c. 3. 16. act. 13. 33. heb. 1. 5. c. 5. 5. f mat. 7. 24. 25. luk. 6. 47. 48. g isa. 28. 16. mat. 16. 18. 1 pet. 2. 3. 4. 5. 6. 7. psal. 118 22. act. 4. 11. 1 co. 3. 11. ephes. 2. 20 21. h mat. 7. ●4 . 25. c. 16. 18. rom. 8. 35. to 39. 2 pet. 1. 10. psal. 125. 1. 2 cor. 4. 7 , 8 , 9. 1 cor. 10. 13. i psal. 81. 16. deut. 32. 13. k 2 cor. 1. 3. 4 , 5 , 6. psal. 71. 21. cant. 2. 5. isa. 40. 1. c. 51. 3. c. 51. 1. 2. l ioh. 1. 16. rev. 3. 18. col. 2. 2 39. m psal. 45. 9. 13. 14. 1 pet. 3. 3 , 4 , 5. 1 tim 2. 9. 10. cant. c. 1. to 8. n ezech. 16. 8. 10 15. cant. 2. 1 , 2. c. 4. 1. 2. &c. c. 5. 1. to 8. o deut. 8. 9. iob. 28. 2. p col. 2. 2. 3. 9. ioh. 1. 15. 16 ephes. 3. 8. 18. 19. q prov. 2. 3 , 4 , 5 mat. 13 , 44 , 45. 46. rev. 3 18. c. 22. 17. ioh. 1. 15 16. mat. 7. 7. 8. c. 21. 22. iam. 5. 7. 8. rom. 8. 24. 25. r rev. 3. 18. c. 22. 17. is . 55. 1. 2. 3 ioh. 7. 37. s deut. 8. 15 psal. 105. 41. psa. 114. 8. isa. 48. 21. ps. 1●4 . 10 , 11 , 12 , 13. t ioh. 19. 34. 1 ioh. 5. 6. 8. c. 1. 7. rev. 1. 5. heb. 9. 14. eph 5. 26. 1 cor. 6. 11. eph. 1. 5. 2. 13. heb. 1● 19. c. 13. 22. 2● . 1 pet. 1. 19. v exod. 17. 5. 6. num. 2● . 10. deut. 8. 15. neh. 9. 15. psal. 78. 16. 20. ps. 105. 41. psal. 114. 8. isa. 48. 21. x 1 cor. 10. 4. y joh. 19. 34. 1 ioh. 5. 6. 8. 1 joh. 1. 7. rev. 1. 5. c. 22. 17 ioh. 7. 37. eph. 5. 26. ●●ay 55. 1. 2. z 1. cor. 10. 4. gal. 3. 1. a 1. cor. 10. 4 b psal. 135. 15. 16. 17. 18. c jer. 1● . 8 . ● h●● . 2.18 . zech. 1● . 2 . ●●● . 41.29 . d 〈…〉 e isa● 25 . 4.4.c 4. ● . cant. 2.3 . psal. 17.8 . ps. ●6 . 7 . ps 57. 1. psal. 91 1. hose● 14.7 . f mat. 11. 23. 29. 2 thess. 1. 7. g isa. 35 2. 1● . rom. 14. 17. c. 15. 13. gal. 5 22. 1 pet. 1. 8. h 1 sam. 13.6 . c. 23.3.4 . judg. 2● . 4●.47 i●a . 2 . 1●.19.21c.7.19.c.57.8 . jer. 1●.1● . rev. 6.19.16 . jer. 13.4 . i joh. 19. ●4 isa. 15 4. 5. ps. 27. ● . ps. 14 3. 9. cant. 2. 14. k m●● . 7. 2● . 2● . job 6. 12. c. 19.21 . l heb. 1● . ● . ps●● 12 . 2● . 27. mal. 3. ● . jam. 1.17 . rev. 1.8.17.18 . heb. 1.11.12 . m psal. 1 2.12.25.26 . heb. 1 . 11.1● . isa. 2.22 . ● . 2● . ●3 . c . ● . ● . 7 . dan. ● . and 5. and ● . & ●1 . & 12.2 chron. 3● . n heb. 13. ● . o rom. ● . 9 . 1● . rev. 1.8.17.18 . p psal. 73.25 . ps●●● 57. q psal. 27 ●● eph. 1. 23. col. 3.11 . 1 cor. 15. 28. psal. ● . 1 . r num ▪ ●● 21. judg. 15. ● . c. 20. 25 47. 1 sam 23. 25. ps. 94. 22. 1 sam 13. 6. c. 24. 2. isa. 2. 1● . 19. 21 c. 17 19. c. 3● . 16. je. 4. 29. c. 16. 16. c. 48 28. c 49. 16. c. 51. 25. obed. ● . 4. rev 6. 15. 16. s psal. 18. 2. 21. 4● ps. 3● . 3 ▪ psa. 6 1. 2. ps. 94 22. deut. 32. 4. t 1 pet. 4. 19. 2 tim. 4. 1● . ioh. ●● . 28. 29. v cant. 2. 14 pro. 3● . 26. numb. 24. 21. job 39. 28. 29. psal. 1●4 . 1● . jer. 48. 28. x joh. 15. 1. to ● . cant. 2. 14. isay . 25. 4. ps. 32. 7. ps. 119 11● . isa. 32. 2. y isa. 2. 21. ezech. 26. 4. z isa. 53. 2. 3. psa. 22. 14. 15. 16. 17. isa. 52. 14. a isa. 53. 3. mark . 9. 12. ps. 11● . 22. mat. 21. 42. act. 4. 11. joh. 1. 1● . 11. b ephes 3. 8. col. 1. 16. 17. 18. c. 2. 9. 1● . eph. 1. 23. ioh. 1. 16. c sam. 16. 7. d jam. 2. 5. psal. 45. 1● . 1 pet. 3. 4. rom. 2. 28. 29. e mat. 2● . 27. 〈◊〉 . f mat. 16. 18. c. 28. 2● . ioh. 10. 2● . 29. rom. ● . 35. to 39. psal. ●21 . 1. to 8. psal. 125. 1. 2. 3. g jer. 16. 19. psal. 18. 1. 2. psal. 9. 9. psal. 46. 1. 2. 3. psal. 62. 7. 8. isa. 25. 4. heb. 6. 1● . psal. 60. 1● h judg. 15. 8. c. 2. 45. 1 sam. 1● . 6. c. 23. 25. c. 24. 2. isa. 2. 1● . 19. 21. i mat 28. 2● . ps. 34. 18. psal. 145. 18. rom. 1● 6 7. 8. act. 10. 35. psal. 18. 1. 2. k judg. 6. 20. 21. c. 13. 19. 20. l psal. 51. 17. heb. 13. 15. 1 per. 2. 5. phil. 2. 17. c. 4. 8. ps. 107. 22. rom. 12. 1. m heb. 13. 15. col. 3. 17. joh. 13. 13. 14. c. ●6 . 24. 26. n rev. 5. 8. c. 8. 34. o judg. 6. 26. c. 13. 19. 20. p heb. 13. 10. rev. 16. 9. c. 8. 3. c. 9. 13. q mat. 7. 26. 27. luk. 6. 47. r heb. 7. 12. 13. 14. to 28. c. 8. & 9. & 10. c. 13. 10. 13. 1 cor. 9. 13. 14. c. 10. 16. to 22. c. 11. 24. to 37. col 2. 10. to 22. s amos. 6. 12. 1 sam. 14. 4. 13. jer. 4. 29. t mat. 25. 26. rom. 12. 11. heb. 6. 12. pro. 21. 25. v mat. 7. 13. 14. luk. 13. 24. x joh. 16. 33. act. 14. 22. 1 thes. 3. 4. y luk. 14. 28. to . 34. ( z ) deut. 6. 5. luk. ●3 . 24. z deut. 6. 5. luk. 13. 24. a mat. 24. 4● . c. 26. 41. mar. 13. 37. luk. 21. 36. b rom. 13. 14. luk. 22. 46. 1 thes. 5. 6. 7. eph. 5. 14. c 2 thes. 5. 17. eph. 6. 18. rom. 12. 12. act. 6. 4. luk. 21. 36. d ps. 40. 2. ps. 61. 2. e mat. 4. 13. 15. 18. c. 8. 24. 26. 27. c. 13. 1. c. 14. 24. 25. 26. c. 15. 29. mar. 2. 13. c. 3. 7. c. 4. 1. c. 5. 1. 21. c. 7. 3. luk. 6. 17. c. 21. 15. joh. 6. 1. 16. 18. c. 21. 1. ( f ) mat. 8. 27. mar. 4. 41. luk. 8. 25. mat. 14. 33. g ma● . 14. 25. 26. mar. 6. 48. 49. joh. 6. 19. h judg. 15. 8. c. 20. 45. 1 sam. 13. 6. c. 24. 2. c. 23. 25. 26. isa. 2. 10. 19. 21. c. 7. 19. jer. 4. 29. i isa. 53. 3. psal. 118. 22. act. 4. 11. mar. 9. 12. joh. 1. 10 11. k mat. 11. 28. 29. 2 chron. 33. 12. hos. 5. 15. psa. 78. 34. 35. 36. isa. 55. 1. 2. zeph. 3. 12. 1 tim. 5. 5. l psal. 78. 34. 35. 36. 37. jer. 3. 10. exod. 8. & 9. & 10. judg 2. 17. 18. 19. c. 3. 10. to 16. c. 4. 1. to 6. c. 6. 1. to 11. l psal. 78. 34. 35. 36. 37. jer. 3. 10. exod. 8. & 9. & 10. judg 2. 17. 18. 19. c. 3. 10. to 16. c. 4. 1. to 6. c. 6. 1. to 11. m mat. 7. 12. 13. 14. c. 20. 16. c. 22. 24. luk. 13. 23. 24. 1 pet. 20. 21. rev. 3. 4. 1 king. 22. 6. to 20. n exod. 15. 5. nah. 1. 6. o mat. 11. 29 phil. 2. 5. 6. 7. 8. joh. 6. 15. 16. eph. 4. 9. heb. 2. 7. 9. zech. 9. 9. p phil. 2. 5. 6. 7. 8. 1. tim. 6. 15. rev. 17. 14. c. 19. 6. deut. 10. 17. q num. 23. 9. iob. 39. 28. 29. r 2 cor. 5. 16. 17. 18. 1 cor. 2. 7. to 16. act. 26. 18. 2 cor. 3. 18. col. 3. 1. 2. 3. phil. 3. 7. 8. 9. 20. eph. 3. 8. 9. 20. eph. 3. 8. 9. 10. s eccles. 1. 2. 14. 1. ioh. 2. 15. 16. 17. phil. 3. 7. 8 , 9. prov. 23. 4 , 5. t pro. 30. 19. v mat. 4. 1. to 10. lu. 4. 1. to . 10. ioh. 14. 30. heb. 4. 15. x mat. 4. 2. 3. 4. luk. 4. 2. 3. 4. y joh. 6. 32. to 64. z psal. 77. 12. ps. 143. 5. a psal. 34. 9. 10. psa. 37 : 25. 1 king. 17. 6 : 7 : 11 : 12 ▪ 13 : b exod. 33. 21. 22. 23. 1 king. 19. 9. to 16. c mat. 3. 17. joh. 1. 18. c. 6. 46. c. 14. 7. 9. d 1 cor. 10. 4. e joh. 14. 7. 9. 2 cor. 5. 19. 20. f isa. 8. 14. 15 luk. 2. 34. ro. 9. 33. 1 pet. 2. 8. 2 chron. 25 12. zech. 12. 3 psal. 141. 6. g isa. 8. 14. 15. luk 2. 34 rom. 9. 33. 1 pet. 2. 8. () luk. 2. 34. mat. 21. 44. h deut. 32. 13. joh. 29. 6. i ezech. 11. 19. c. 36. 26. k mat. 11. 28 psal. 41. 4. mal. 4. 2. rev. 22. 2. l isa. 2. z. m ephes. 3. 8. 10. 19. 20. 1 cor. 2. 9 col. 2. 3. 9. c. 1. 19. n eph. 3. 18. 19. psal. 62. 2. 6. 7. psal. 73. 25. o joh 6. 12. jer. 23. 29. p isa. 53. 7. mat. 26. 63. c. 27. 12. act. 8. 32. 2 pet. 2. 23. heb. 12. 2. rev. 19. q 1 pet. 2. 19. to 25. rev. 12. 12. rom. 13. 10. jam. 1. 3. 4. r mat. 7. 25. luk. 6. 47. 48. s 1 pet. 2. 12. 23. heb. 2. 9. 10. 18. c. 4. 15. c. 12. 2. matth. 4 , 2. to 10. c. 27. and 28. mat 15. & 16. luk. 23. & 24. act. 2. 23. to 37. c. 3. 13. to 22. c. 4. 26. 27. 28. t joh. 15. 20. mat. 10. 22. 23. 24. 25. v mat. 27. 51 x 1 king. 19 11. nah. 16. y ezech. 22. 14. c. 36. 26. c. 11. 19. luk. 24. 32. isa. 13. 7. ezech. 21. 7. jer. 23. 29. z 1 king 19. 11. josh. 2. 11. amos. 9. 13. nah. 15. 6. a job . 6. 12. c. 14. 24. b act. 2. 24. 31. c. 13. 34. 35. 36. 37. psal. 16. 10. c 1 cor. 15. 42. 43. 52. 53. 54. 55. 56. phi. 3. 21. d rom. 6. 9. 10. 1 cor. 15. 42. 43. 52. to 57. e joh. 13. 2. phil. 3. 21. mat. 13. 43. dan. 12. 3. f mar. 26. 6. 7. mar. 16. 6. 1 cor. 15. 4. 5. 6. 12. to 23. g heb. 1. 8. 12. psal. 145. 13. 2 pet. 1. 11. h rev. 22. 5. i mar. 15. 46. 47. mat. 27. 60. luk. 23. 53. k gen. 3. 19. eccles. 3. 10. l isa. 53. 3. 14 c. 4. 11. m mat. 27. 51. n jer. 5. 3. ezech. 3. 5. o joh. 1. 10. 11. mat. 8. 20. luk. 9. 58. job 24. 7. 8. p mar. 15. 46. 47. c. 16. 1. 2. 3. mat. 27. 60. c. 28. 5. 6. luk. 23. 53. c. 24. 6. 7. joh. 19. 41. 42. c. 20. 1. to 26. q job . 17. 1. 13. psal. 88. 3. 5. r 2 tim. 4. 6. 7. 8. 1 cor. 15. 31. s psal. 19. 9. 1● act. 2. 32. c. 13. 33. 1 cor. 15. 1 thes. 4. 14. to 18. 2 cor. 4. 14. rom. 8. 11. t rev. 22. 5. v 1 cor. 10. 4. x 1 cor. 11. 25. 26. 29. gal. 3. 1. 1 cor 2. 2. rom. 1. 19. 2● . y gen. 1. 26. 27. c. 3. 1. c. 9. 6. 1 cor. 11. 7. eph. 4 24. col. 3. 1● . heb. 1. 3. c. 2. 11. 12. 13. 14. 16. 17. p●●l . 2. 7. 8. 1 joh. 3 2. joh. 1. 14 ● z psal. ●2 . 2. 5. 7. psal. ●4 . 22. ps. 18 2. 31. 1 cor. 10. 4. a lu. 14. 33. mar. 10. 28. 29. psa. 73. 25. b rom. ●4 . 8. 2 cor. 5. 8. notes for div a70872e-10740 c pro. 27. 3. zech. 12. 3. isa. 32. 2. d ps. 38. 4. 5. job 6. 3. 4. m●t. 11. 28. e zech. 12. 3. dan. 2. 34. 35. prov. 27. 3. 21. chron. 25. 12. ps. 137. 9. eccl. 10. 9. josh. 10. 11. f psal. 38. 1. to 11. ps. 32. 3. ps. 22. 1. joh. 3. 24. ps. 88. 1. 2 3. g mat. 11. 28. psal. 38. 8. 2 sam. 24. 14. h exod. 15. 5. neh. 7. 11. jer. 51. 63. 64. i psal. 9. 17. psal. 55. 15. pro. 5. 5. 2 pet. 2. 14. isa. 24. 24. k heb. 12. 1. amos 2. 13. rev. 18. 21. l exod. 1● . 16. 1 sam. 25. 35. m heb. 3. 13. ezech. 3. 7. ephes. 2. 1. 2. c. 4. 18. 19. 2 chro. 25. 12. isa. 8. 14. 15. psal. 14● . 6. zech. 12. 3. o isa. 8. 15. jer. 18. 15. isa. 24. 20. jer. 8. 4 12. c. 25. 27. c. 50. 32. p isa. 2. 21. q isa. 64. 6. ezech. 16. 3. to 40. pro. 13 5. gen. 49. 4. r ezech. 21. 25. c. 22. 27. s joh. 6. 70. 71. c. 8. 44. act. 20. 29. 2 pet. 2. 22. rev. 22. 15. t exod. 15. 16. job 18. 4. c. 28. 9. v jer. 13. 23. rom. 7. 18. to 25. zeph. 12. jude 10. 11. 12. 13. x heb. 3. 12. 13. eph. i. 1. 2. 3. c. 4. 18. 19. rom. 1. 23. to 29. y jer. 5. 3. mat. 7. 25. 26. job 41. 24. z jer. 13. 23. ephes. 1. 19. 20. 1 cor. 9. 27. rom. 7. 18. to 25. heb. 12. 1. a obad. 3. 4. jer. 21. 13. c. 49. 16. b job 12. 6. isa. 28. 15. 18. deut. 29. 19. 20 judg. 18. 7. 10. 17. ezech. 29. 2. to 12. c jer. 5. 3. d jer. 3. 3. c. 6. 15. c. 8. 12. ezech. 2. 4. c. 3. 7. heb. 3. 13. e 2 king. 3. 19. 25. f ezech. ●8 . 24. 26. g isa. 5. 2. 2 king. 53. 19. 25. mat. 13. 5. mar. 4. 5. 6. lu. 8. 6. 7. h 1 pet. 2. 1. 2. jam. 4. 1. to 12. i ezech. 24. 7. 8. rev. 6. 15. 16. numb. 23. 9. k 2 sam. 12. 10. 11. 12. 14. exech . 16. 36. 37. 38. isa. 3. 9. l ezech. 24. 7. 8. m 1 king. 13. & 14. & 16. n 2 sam. 12 1. 12. psa. 90. 8 eccles. 12. 14. ma● . 4. 22. o 1 sam. 24. 2. job . 39. 1. p mat. 25. 32. 33. q eph. 2. 1. 2. 3. c. 4. 19. rom. 1. 27. to 32. 1 joh. 5. 19. 2 pet. 2. 13. to 22. r 1 pet. 2. 11. act. 5. 39. c. 23. 9. s jer. 39. 1. 2 ▪ 3. ezech. 29. 18. t 1 cor. 9. 2● . rom. 7. 18 to 25. mat. 17. 2● . luk. 2. 37. 1 cor. 7. 5. 2 cor. 6. 5. c. 11. 27. v act. 27. 29. x ● tim. 6. 9. rev. ●1 . 18. y act. 27. 29. z psa. 19. 12. job 34. 32. a jam. 5. 1. 5. isa. 22. 12. 13. 14. c. 5. 12. 13. 14. c. ●7 . 7. 8. 9. zeph. 2. 15. job . 21. 10 12. 13. amos. 6. 3. to 8. c. 8. 10. notes for div a70872e-13450 ( b ) job 18. 4. mat. 7. 25. 26. c rom. 8. 35. 36. 37. 38. 39. d joh. 6. 66. 67. 68. 2 pet. 1. 10. 11. e mat. 7. 25. 26. f psal. 34 13. act. 23. 22. psa. 73. 14. g psal. 39. 2. 9. 1 sam. 3. 8. 2 sam. 15. 25. 26. 27. c. 18. 4. to 14. h mat. 7. 25. 26. i 3 ioh. ● . 6. prov. 17. 17. c. 18. 24. joh. 15. 13. k isa. 2. 21. ezech. 26. 4. l psa. 37 , 26. jam. 2. 5. 1 cor. 4● . ●● . 1. 12. c. 16. 1. 2. 2 cor. 6. 10. c. 8. 2. 4. rom. 15. 26. m jam. 2. 5. psal. 45. 13. ephes. 3. 19. phil. 1. 11. col. 1. 9. 10. 11. heb. 11. 37. 38. n 1 king. 5. 17. 18. c. 6. 7. 8. c. 7. 3. 10. 11. 2 chron. 2. & 3. 2 king. 12. 12. ezech. 40. 42. o psal. 14 , 4. 12. isa. 11. 11. 12. 1 cor. 3. 16. 17. 2 cor. 6. 16. ephes. 2. 21. p psa. 131. 1. 2. 3. col. 3. 1. 2. 3. heb. 11. 13. 14. 15. 16. 24. 25. 26. 35. 36. 37. 38. 2 cor. 4. 9. to 13. q exod. 32. 11. to 15. jam. 5. 16. 17. 18. 2 king. 2. 12. c. 6. 9. to 24. c. 8. 9. c. 2● . 6. gen. 28. 23. to 25. act. 27. 24. 2 king. 13. 14. 23. r numb. 20. 10. 11. 12. deut. 8. 15. psal. 105. 41. s isa. 61. 1. c. 4● . 1. 2. 2 cor. 1 , 4. 5. t 2 cor. 1. 4. 5. 6. act. 9. 10. to 20. v 1 cor. 4. 9. to 13. heb. 11. 36. 37. 38. mal. 3. 14. to 18. x act. 27. 29. y 1 king. 13. 4. 6. act. 9. 4. 5. z exod. 24. 12. c. 31. 18. c. 34. 29. deut. 4. 13. c. 5. ●2 . c. 9. 10. 11. 15. 17. a jer. 31. 33. 2 cor 3. 3. b ezech. 11. 19. c. 36. 26. c luk. 13 23. 24. isa. 17. 6. d 1 pet. 1. 1. 2. heb. 11. 36. 37. e psal. 38. 20. f isa 33. 12. g eph. 4. 3. to 17. rom. 15 5. 6. 7 c. 16. 17. 18. 1 cor. 1. 10. 11. 12. 13. c. 12 4. to 3● . phil. 1. 27. 28. jud. 3. 4. rev. 2. 14. h act. 26. 17. 18. rom. 1. 13. c. 15. 18. 19. 20. col. 1. 6 i zech. 9. 16. 2 sam. 12. 30. k mal. 3. 17. notes for div a70872e-15920 l jer. 5. 3. m jer. 3. 3. c. 5. 3. c. 8. 12. ezech. 2. 4. c. 3. 7. n phil. 3. 19. o josh. 10. 10. judg. 9. 53. 54. zech. 12. 3. luk. 13. 4. 2 chron. 25. 12. p 2 king. 8 : 12. 13. gen. 5. 7. psal. 71. 4. prov. 12. 10. jer. 6. 23. c. 50. 42. psal. 27. 12. ezech. 34. 4. q prov. 17. 12. r isa. 47. 2. s exod 1. 12. c. 4. isa. 3. 15. t deut. 8. 9. job 28. 2. v isa. 1. 5. 6. 2 chro. 28. 22. 23. x exod. 1. 12. c. 4. y act. 8. 21. z job 28. 2. deut. 8. 9. a mat : 15. 19. gen. 6. 5. c. 8. 21. c. 27. 41. b obad. 3. 4. jer. 21. 13. 14. c. 49. 16. c is . 47. 7. 89. 10. 11. c. 5. 19. d job ●1 . 24 j●r 23. 29. nah. 1. 6. 〈◊〉 . 1. 3. e 〈◊〉 . 1● 2 chron. 2● . 2● . exod. 5 to 13. i●r . 5. 3. c 2. 30. isa .. 9. 30 amo. 4. 6. to 1● rom. 2. 4. 5. f exo. 31. 1● . c 34. 1. 4. 29. g faech . 11. 19 c. 36. 26. jer. 32 39. h isa. 26 1● . 1● . c. 1. ● . c. 9. 3● . jer. 5. 3 2 chro. 36 14. 15 16. jer. 25. 3. to 15 c. 29. 1● . c. 32. 33. a●●● . 4. 6. to 13. hos. ●● . ● . 5. rom. 2. 4. 5. l ezech. ●6 . 4 amos. 6. 12. k ezech. 11. 19 math. 13. 5. 6. 20. 21. mar. 4. 5. luke 8. 6. l judg. 8. 7. 16. m heb. 6. 8. rom. 1. 24 to 22. c. 2. 4. 5. n ephes. 4. 18. 19. 1 tim. 4. 2. proverb . 23. 35. deut. 29 2. 3. 4. isa. 6. 9. 10. 2 chron. 36. 15. 16. o mat. 7. 25. 26. p deut. 28. 15. to 68. 1. sam. 5 7. 2. chron. 21. 19. ezech. 14. 21. mich : 2. 10. heb. 10. 29. q ephes. 4. 18. 19. rom. 2. 5. r heb. 6. 7. 8. c. 3. 13. 8. mat. 13. 5. 6. isa. 28. 10. 13. 2 chro. 36. 15. 16 jer. 23. 34. c. 35. 15. s joh 15. 16. t luk. 8. 6. 13. amos. 6. 12. v 2 chron. 36. 15. 16. jer. 13. 3. 4. mar. 7. 6. prov. 9. 7. 8. x pro. 9. 7. 8. mat. 7. 6. prov. 15. 12. 1 king. 13. 4. c. 18. 17. 18. 2 chron. 24. 19. 20. 21. 22. c. 36. 15. 16. mat. 23. 37. gal. 4. 16. y psal 141. 5. psal. 139. 23. 24. prov. 8. 9. c. 29. 25. z job . 18. 4. a rev. 18. 21. jer. 51. 63. 64. neh. 9. 11. exod. 15. 5. 10 matth. 18. 6. mark . 9. 42. luk. 17. 2. b rom. 2. 4. 5. c. 1. 23. to 32. ephe. 4. 18. 19. 2 pet. 2. 10. 21. 22. c phil. 3. 18. 19. d isa. 26. 11. 16. e hab. 2. 19. f isa. 56. 10. job . 15. 3. g ezech. 26. 4. h ezech. 16. 3. to 15. rev. 17. 18. i mat. 8. 22. joh. 5. 25. 19. ephes. 2. 1. 5. c. 5. 14. k 〈◊〉 . ● . 9. 27. ps●●●9 . 48. l 2 chron. 2. 2. 18. 1 king. 5. 17. c. 7. 9. 10. 12. m ezech. 36. 26. joel 2. 13. hosea 6. 5. n isa. 8. 14. o rom. 2. 5. eph. 4. 18. 19. p act. 27. 29. q rom. 2. 4. 5. ephes. 4. 18. 19. 1 tim. 6. 9. r ephes. 4. 18. 19. s psal. 38. 4. matth. 11. 28. joh 6. 3. t joh 1. 3 v psal 95. 8. exod 8. 15. x ezech. 11. 19. c. 36. 2● . psal. 51. 10. 17. z act. 2. 40. 47. eph. 3. 20. 21. a heb. 3. 13. c. 12. 1● . pro. 4. 22. b ezech. 11. 19. c. 36. 26. c prov. 23. 25. d psal. 51. 10. 17. notes for div a70872e-20420 e 2 chro. 2. & 3. 1 king. 5. 17. 18. c. 6. 7. 8. c. ● . 3. 10. 11 2 king. 12. 12. c. 32 6. f psal 144. 12. isa. 14. 11. 12. c. 51. 1. rom. 9. 11. to 31. c. 8. 29. 30. c. 11. 5. 6. 7. ephes. 1. 4. 5. 11. c. 2. 4. to 22 c. pet. 2. 4. 5. 6 7. 2 thes. 2. 13. mat. 24. 40. 4. c. 20. 16. mal. 1. 2. 3. ex. 33. 19. jet. 18. 6. 2 tim. 2. 9. originall or actuall . g hos. 14. 4. mat. 10. 14. rom. 3. 24. c. 8. 32. c. 11. 5. 6. h math. 25. 4● . 42. 43. mark . 16. 16. psal. 51. 4. 5. l28am . 3. 59. i isa. 22. 16. mark . 15. 46. * gen. 3. 19. k joh. 5. 58. rev. 20. 12. 13. l job 24. 8. obad. 3. jer. 48. 28. m 1 king. 17 1. 13. c. 19. 9. 11. 15. heb. 11. 38. gen. 19. 3● . judg. ● . 2. 1 sam. 13. ● . c. 24. 2. 3. 4. 7. exod. 33. 21. 22. n prov. 2. 4. job 3. 21. mat. 14.44 . psal. ●● . 14. col. 2. 3. o 1 king 19. 9. 1● . 15. c. 17. 4. 13. 1 sam. 13. 6. c. 24. 2. 3. 4. heb 11. 38. 39 p psal. 88 8. jer. 31. 2. c. 33. 1. c. 3● . 5. c. 39. 15. luk. 3. 20. act 5. 18. 21. c. 12. 4. * bonne● imprisoned the martyrs in his cole-house in queene maries dayes . q heb. 1● . 35. to 39. r mal. ●●● isa ●● exo 19. ● . ps. ●●● . 4. s psal. 8● . 6. 8. 18. ca●● . ● . ● . 6. jer 3● . 2 3. act. 16. 23. 2● heb. 11. 3● . t cant. 4. ● . psal. ●● 14. mat 13. 44. job 3. ●1 . prov ▪ 2. 4. col. 2. 3. v ezech. 3● . 4. joh. ●● . ●6 . x ezec. 26. 4. c. 24. 7. 8. y gen. 3. 7. 10. 11. 21. c. 9. 22. 23. z ezech. 16. 36. 37. hosea 2. 2. 3. 4. 2 cor. 5. 5. revel. 3. 17. 18. c. 16. 15. gen. 9. 22. 23. heb. 2. 15. isa. 47. 3. a hosea 2. 2. 3. 4. ezech. 16. 35. 36. 37. 38. 39. c. 23. 10. 11 18. 19. 23. b phil. 3. 18. 19. c rev. 3. 18. psal. 45. 13. 14. d luk. 13. 24 1 cor. 9. 25. 26. 27. 2 pet. 1. 5. 10. e 1 king. 19. 11. nah. 1. 5. 6. mat. 27. 51. f joel . 2. 12. 13. 10. g mat. 7. 25. 26. h ezech. 11. 19. c. 36. 26. i rev. 3. 20. isa. 53. 1. 3. joh. 12. 37. 38 39. 40. c. 1. 10. 11. rom. 10. 21. isa. 5. 1. to . 7. jer. 25. 5. to 8. c. 29. 19. k jer. 2. 20. isa. 1. 5. c. 3. 9. jer. 5. 3. amos 4. 6. to 13. ps. 95. 8. 1● . deut. 8. c. c. 29. 3. 4. 5. josh. 5. 4. heb. 3. 8. 9. 17. 2 chron. 36. 15. 16. jet. 25. 4. to 8. c. 32. 33. 34. l 2 pet. 3. 9. rev. 1. 9. c ▪ 3. 10. rom. ●5 . 5. m 2 chron. 2. & 3. 1 king. 5. and 6. & 7. n zech. 9. 16. 2 sam 12. 30. o ezech. 36. 26. 1 cor. 3. 16. 17. 2 cor 6. 16. ephes. 2. 21. mal. 3. 17. p 1 tim. 1. 13 14. 15. 16. q 2 chron. 33. 12. to 20. r ephes. 2. 1. 2. 3. 4. 5. c. 3. 20. 21. s job 28. 10. ps. 105. 41. t 2 king. 20. 5. job 16. 20. lam. 2. 18. jer. 9. 1. 8. iuk . 7. 38. 44. act. 20. 19. 31. mat. 26. 75. v psal. 105. 41. exod. 17. 6 numb. 20. 11. 12. x job 39. 28. 29. jer. 49. 16. y psa. 103. 5. isa. 40. 13. mat. 24. 28. luk. 17. 37. z ephes. 2. 20. a job . 28. 10. psal. 104. 10. 11. 12. 13. 14. b mat. 22. 7. 1 cor. 9. 27. c 2 sam. 16. 23. c. 17. 23. d isa. 53. 2. 3. 4 , mar. 9. 12. psal. 1 18. 22. 1 cor. 4. 9. 10. 11. 12. 13. 2 cor. 4. 8. 9. 10. 11. c. 6. 4 , to 11. heb. 11. 36. 37. 38. e isa. 40. 12 : 10 18. psal. 89. 13. f psal. 148. 5. * see camdens brittania . willshire . g isa. 40. 12. 15. h psa. 113. 7. 8. 1 sam. 27. 8. i psal. 2. 9. psal. 107. 40. k job . 14. 9. l gen. 3. 19. eccles. 3. 10. c. 12. 7. m ps. 103. 14. 15. 16. psa. 90. 5. 6. isa. 4. 6. 7. 8. job 14. 1. 2. jam. 1. 10. 1 pet 1. 24. n obad. 3. ser. 49. 16. c. 21. 13. o ezech. 28. 2. to 29. isa. 47. 7. to 12. rev. 18. 7. 8. p prov. 16 18 rev. 18. 7. 8. q prov. 2. 4. col. 2. 2. 3. mat. 13. 44. r ephes. 1. 23 joh. 1. 16. s amos 2. 13 heb. 10. 29. c. 6. 6. 2 pet. ●1 . rev. 1. 7. t psal. 2. 9. 10. 11. 12. isa. 26. 9. 11. 16. hos. 5. 15. 2 chr. 33. 12. 13. 2 cor. 8. 2. 1 thes. 1. 6. 7. 1 per. 1. 6. 7. 8. 9. jam. 1. 2. 3. 12. c. 5. 13. psal. 119. 67. 71. 75 107. v ephes. 3. 8. 10. 19. 20. joh. 1. 5. 16. col. 2. ● . 8. 9. 10. x exod. 15. 5. neh. 9. 11. jet. 51. 63 64. mat. 18. 6. rev. 18. 21. y rom 6. 23. c. 24. 25. ec. 12. 18. math. 12. 36. 37. z mat. 7. 13. 14. c. 13. 3. to 51. luk. 13. 23. 24. rom. 10. 16. c. 11. 4. 5. a josh. 10. 11 judg 9. 53. 54. 2 sam 11. 21. zech. 12. 3. luk. 13. 4. b isa. 8. 14. 15. luk. 2. 34. psa. 29. rev. 2. 27. c. 19. 15. c psal. 41. 2. psal 61. 2. d psal. 40. 2. psal. 69. 2. 14. mat. 14. 30. jer. 38. 6. 20. e isa. 33 16. f joh. 10. 11. 14. 27. 28. 29. 1 pet. 1. 5. c. 4 19 g luk. 2. 39. mat. 21. 44 ps. 2. 9. 10. h isa. 2. 1● . 19. 21. rev. 6. 15. 16. 17. luk. 23. 30. hos. 10. 8. i 1 king. 19. 11. nah. 1. 5. 6. mat. 27. 51. isa 64. 1. 2. 3. psal. 97. 5. amos 9. 13. 2 pet. 3. 10. 12. judg. 5. 5. k isa. 2. 10. to 18. c. 5. 15. 16. 2 thes. 1. 8. 9. jude 14. 15. l psal. 1. 5. 1. pet. 4. 18. mat. 25. 3● 31. 32. 42. to 46. 2 thos . 2. 8. 9. 10. dan. 12. 2. joh. 5. 25. 29. rev. 6. 14. 15. 16. 17. c. 20. 9. 10. 12. 14. 15. m jam. 5. 7. 8. 9. rev. 22. 20 o 2 cor 5. 10. 11. rom. 14. 10. 11. 12. rom. 2. 16. psa. 143. 9. o luk. 21. 28. p 2 cor. 4. 17. 2 tim. 4. 8. ( q ) rev. 22. 4. 5. a true and perfect narrative of what was acted, spoken by mr. prynne, other formerly and freshly secluded members, the army-officers, and some now sitting in the lobby, house, elsewhere, the 7th. and 9th. of may last ... by william prynne, esq. ... prynne, william, 1600-1669. 1659 approx. 331 kb of xml-encoded text transcribed from 57 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-03 (eebo-tcp phase 1). a56219 wing p4112 estc r19484 12399552 ocm 12399552 61236 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56219) transcribed from: (early english books online ; image set 61236) images scanned from microfilm: (early english books, 1641-1700 ; 288:6) a true and perfect narrative of what was acted, spoken by mr. prynne, other formerly and freshly secluded members, the army-officers, and some now sitting in the lobby, house, elsewhere, the 7th. and 9th. of may last ... by william prynne, esq. ... prynne, william, 1600-1669. [2], 99 p. printed for edw. thomas ..., london : 1659. errata: p. 99. reproduction of original in yale university library. marginal notes. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. great britain -politics and government -1642-1660. 2002-10 tcp assigned for keying and markup 2002-11 spi global keyed and coded from proquest page images 2002-12 olivia bottum sampled and proofread 2002-12 olivia bottum text and markup reviewed and edited 2003-02 pfs batch review (qc) and xml conversion a true and perfect narrative of what was acted , spoken by mr. prynne , other formerly and freshly secluded members , the army-officers , and some now sitting in the lobby , house , elsewhere , the 7th . and 9th . of may last . the grounds inducing mr. pr. to go into the house : the evidences , reasons , by which he intended to demonstrate to them : that their new-common wealth , ( or good old cause ) was originally projected by the iesuites , and other forein popish enemies , erected by the army officers , and those now convened , as their seduced instruments , to destroy our protestant religion , church , king , kingdoms , parliaments , laws , liberties , with the visible effects thereof since its erection ; that the old parliament was absolutely dissolved by the kings beheading , notwithstanding 17 car. c. 7. that the commons sitting since 1648. and now , neither are , nor can be the house of commons , much lesse the parliament within that act. that our hereditary monarchy , is the divinest , best , happyest , durablest of all other governments ; and its speedy restitution , the only means to prevent impendent ruine , and restore our pristine peace , safety , honour , vnity , prosperity , both in church and state : with some seasonable applications to the army , the sitting , secluded members , lords , and all well wishers to the publick . by william prynne esq a bencher of lincolns inne . printed and published to rectifie the various reports , censures of this . action ; to give publick satisfaction to all members of the old parliament , the whole english nation , especially those vianders and free burgesses of the borough of newport in cornwall , ( who without mr. p. his privity or liking , unanimously elected him for their burgesse , anno 1648. though soon after forcibly secluded , secured , and now twice re-secluded in like manner by the army-officers . ) of his sincere endeavours to the uttermost of his power , to preserve our religion , fundamental laws , liberties , government , the essential rights , privileges , freedom of parliament , and all we yet enjoy , according to his oaths , covenant , trust , as a parliament-member , against the utter subverters of them , by a new republick , meer armed force , arbitrary will , and tyrannical power , through the apparent plots , seductions of our professed forein popish adversaries and their instruments ; here clearly detected in their native colours , fruits . psal. 3.6 . i will not be afraid of ten thousands of men , who have set themselves against me round about . psal. 27.3 . though an host should encamp against me , my heart shall not fear ; though war should rise against me , in this will i be confident . london printed for edw. thomas at the adam and eve in little britaine , 1659. a true and full narrative of what was done and spoken by and between mr. prynne , other secluded members , & army officers , &c. on the 7th . day of this instant may mr. prynne walking to westminster hall , ( where he had not been six daies before , ) meeting with some old secured and secluded members of parliament , summoned by king charles his writ and authority , for these only ends ( expressed in all writs of summons to the lords , and of elections issued to sheriffs of counties for electing knights , citizens , and burgesses of parliament , and in the indentures themselves by which they were retorned members ; ) to confer and treat of certain great and ard●ous affairs , concerning the defence of the king , kingdom , and church of england , and to do and consent to those things which shall happen to be therein ordained by common counsel , ( of the king , lords , and commons , ) touching the aforesaid businesses : which parliament began at westminster the third day of november , 1640. they shewed him a declaration of the officers and counsel of the army , made in such hast and confusion , that they mistook the month wherein they made it , dating it april 6. instead of may 6. published by them that morning , ( which declaration the day before , was presented to the speaker of the said parliament , at the rolls , by divers officers of the army , in the name of col : fleetwood , and the counsel of officers of the army , in presence of many members of the said parliament ) containing their earnest desire , that those members who continued to sit since the year 1648. untill the 20 th . of april , 1653. would return to the exercise and discharge of their trust , ( expressed in the foresaid writs and indentures alone by those who impowred , elected , & entrusted them as their representativs , without any other forged new trust whatsoever , inconsistent with or repugnant to it ) promising their readiness in their places as became them , to yield their utmost assistance to them to sit in safety , for improving the present opportunity for setling and securing the peace and freedom of this common-wealth ; praying for the presence and blessing of god upon their endeavours ; who after they had sate many years in performance of the trust reposed in them by the people , and being in the prosecution of that duty assembled in parliament at westminster , upon the 20 th . day of april 1653. were then interrupted and forced out of the house from that time untill this very day : of which force they seemed in this declaration unfeinedly to repent , by an actual restitution of the members formerly forced thence , much more then of that * greater and more apparent force of whole regiments of horse and foot drawn up to the house it self in a violent maner , dec. 6. 1648. where they seised , secured mr. pr. with above forty , and secluded , forced away above 300 members more of the commons house , only for the faithfull discharge of their trusts and duties therein , according to their oaths , protestations , vows , covenants , consciences , wherin most think they first turned out of the way , by wandring into other wayes from righteous & equal paths ; which members though they do not particularly invite to sit again , yet they having proved no breach of trust against them , do not in the least measure intimate , that they would forcibly seclude them from sitting if that parliament should be publickly voted still in being by vertue of the statute of 17 carol● c. 7. as they in their counsel of the army have actually resolved , by their invitation of the members thereof to sit again , as mr. p. & those members who shewed it to him conceived upon their perusal thereof . mr. p. being after informed , that the old speaker and sundry members of the long parliament were then met in the painted chamber to consult together in order to their meeting again in the house , was moved to go thither to them which he refused , because it was no place where the house of commons ever used to meet or sit as an house , but only as a committe upon conferences with the lords : soon after mr. p. heard by some members and others , that the old speaker and about forty members more , with the mace carried before them , were gon from the lords house into the ho. of com. & there sate as an house by vertue of the stat. of 17 car. c. 7. and their old elections by the kings writs ; vpon which there being then above 30 of the old secluded members in decemb. 1648. in the hall ; they did think fit and agree , that to avoid tumult , about 12. or 14. of them , in the name of the rest , if freely admitted without any seclusion , or engagement ; should in a friendly manner , desire to know of them , upon what account they did now sit there thus sodainly and unexpectedly , without giving any convenient notice or summons to all the rest of the members to sit with them ? if only by vertue of the act of 17 caroli ch . 7. thus penned . be it enacted and declared by the king our soveraign lord , with the assent of the lords & commons , that this present parl. now assembled shall not be dissolved , unless it be by act of parliament to be passed for that purpose ; nor shall any time or times during the continuance thereof , be prorogued or adjourned , unless it be by act of parliament , to be likewise passed for that purpose . and that the house of péers shall not at any time or times during this present parliament , be adjourned , unless it be by themselves or their own order . and in like manner . that the house of commons shall not at any time or times during this present parliament , be adjou●ned , unless it be by their own order . and that all and every thing or things whatsoever done or to be doue , for the adjournment proroguing or dissolving of this present parliament ; shall beutterly void and of none effect : then they intended to send for the rest of the members walking in the hall to come in unto them : and to move , that all surviving members of this parliament , might by joynt consent particularly be sent to , and invited to meet and sit in the house at a convenient day , before any vote or order passed by thē then sitting , thus sodainly convened without any notice ( which would be interpreted rather a surprize , and un-parliamentary practice , both by the absent members and the whole nation , than any obliging parliamentary vote or order of the house ) and more discontent than invite the absent unsummoned members unto them , making the publike rent greater than before . and when they were there assembled , that in the first place they might freely & fully debate this question , ( wherein there were different opinions between the members themselves , and other learned lawyers ; ) whether this parliament was not actually dissolved by the late kings forcible death ? which is clearly m. p. his opinion formerly published ) or , whether it was not still in being , by vertue of this act , notwithstanding the kings death , or any other thing or things done already by the army-officers or others for the adjourning , proroguing or dissolving thereof ? if it should upon such debate be voted by the majority of the house to be really and legally dissolved ; they held it their duties and theirs now sitting , to acquiesce therein , and act no farther as a parl. but if voted still in being , they all held it their duty , to sit and joyn their best counsels and endeavours to settle the government , peace , safety of our distracted church and nations , now more shaken , unsetled , endangered in their apprehensions than ever , and would submit their private contrary opinions in this ( as in all other votes ) to the over-ruling judgement of the whole house ; as the only hopefull way to revive the antient constitution , rights , privileges of parliament ; and resettle us upon lasting foundations of peace and prosperity . upon these resolutions alone , & none other , which mr. p. intended to propose to those then sitting , he went to the l●bby door of the commons house , accompanied with sir george booth , mr. arthur annesley , sir iohn evelyn , mr. th. gewen , mr. charles rich , mr. mountague , mr. ri. knightly , mr. hungerford , and one or two more ; which being shut to keep out the people crowding on the stairs to get in , through whom they could hardly pass ▪ m. p. knocked twice or thrice , but could get no admittance , till the doer being opened to let out m. nye & som other ministers , mr. p. with sir geo. booth and mr. annesly , being formost , pressed into the lobby ; and then the door being shut & bolted again , mr. p. unbolted & held it open till the rest came in ; where they finding mr. iohn and mr. iames herbert standing in the lobby , acquainted them with their intentions to go then into the house , who resolved to go in with them . coming all up towards the house door , which was shut and kept guarded ( as it presently appeared ) by som officers of the army ; mr. p. required them , to open the door to let them in , being all members of the old parliament ; who thereupon demanded ; whether they had continued sitting in it since 1648. to 1653 ? m. p. & the rest all answered , that being members of the old parliament , they would give no account to thē or any others of their sitting , but only to the house it self wherof they were members , being contrary to the privilege of parliament , which they & others were obliged inviolably to maintain : upon which demanding their names , they said ; that if they would send in a note of their names to the house , and they ordered them to come in , they should be admitted . whereto mr. p. replied , we yet knew not who were within the house , nor whether they were yet sitting , nor upon what account they sate ; nor was it agreeable with the custom or privilege of parliament for one member to send tickets to his fellow members for free admission into the house , being all equals , and having an equal right freely to enter into it at all times , as well as they ; nor was it their duty thus to capitulate with members , but obey their just commands in opening the door : which they ●till refusing , mr. p. demanded , who and what they were , being all strangers to them ? and by whose authority , or order they thus forcibly kept them out ? they answered , they were officers of the army , and had sufficient authority to keep thē out , if they had not sate since 1648. till 1653. mr. p. demanded , from whom they had their warrant , since they could have none from those within , being but newly entred ; and none else could give thē such a warrant , nor they within before they heard them , and gave good reason for it ; demanding them to produce their order , if they had any in writing , that they might know by whose authority they were thus forcibly kept out ; demanding their several names twice or thrice , wherwith they refused to acquaint them . upon this m. p. told them , they doubted of their authority , orders thus to seclude thē , because they were either ashamed or afraid to tell thē their names , when as they told them theirs : that they knew not whether they were officers of the army , or not , unless they knew their names , that so they might inquire the truth of it , or saw their commissions : and if they were army-officers indeed , they had published a printed decl. in all their names that morning , inviting ( as they conceiv'd ) all members they formerly secluded , to return & sit again in the house to discharge their trusts : wherin they professed their former force upon , & seclusion of them , to be a backsliding , and wandring into unrighteous paths ; which they seemingly repented of ; promising to yield their utmost assistance to them to sit in safety ; and praying for the presence and blessing of god upon their endeavours : and if now within few hours after this remonstrance published , they thus highly and publikely violated it in the view of all there present , by returning to their former backslidings and unrighteous paths ; in secluding those who were members afresh , and violating their own declaration , none would henceforth credit them , or it . upon which one of them told m. p. he knew he was none of them who sate since 1648. till 1653. therfore they were not bound to let him in , being not within their declaration . who retorted , he thought their repentance had been universal , not partial ; of all their forces upon the house and members , especially of their greatest dec. 6. 1648. when they not only secluded , but secured and imprisoned him and 40 more in hell , and other places , & forced away 3. times as many more for discharging their trusts , & asserting the true good old cause ; against their commissions , trusts , protestations , and printed remonstrances ; which if they would look back upon and well consider ( as they proclaim they had don in their new decl. ) they would find to be one of their greatest backslidings where they first turned out of the way , which caused god to withdraw his presence and good spirit from them ever since , and give them up to the prosecution of a new romish good old cavse , which had brought us into a sad posture , occasioned many vicissitudes of dangers , and caused god in his providence to make all their essaies to settle us , utterly ineffectual ; to convince them of & reclaim them from their error : which they now pursued afresh , as vigorously as ever : that for his own part after his impisonment by them against both lawe and privilege in 1648. in sundry places , he was again forcibly seised by some of the army in his house in 1650. and kept a close prisoner near 3. years under armed guards of souldiers in 3. remote castles farr distant frō th●se th●n sitting : therfore they could not make their unrighteous imprisonment of him then without any cause or hearing , a just ground to seclude him from sitting now . but all these expostulations of m. p. and others , not prevailing , they desired all present to take notice and bear witnes of this high affront and brea●h of privilege in this their forcible seclusion ▪ and so departing mr. knightly meeting major general lambert in the lobby , complai●ed to him of this forcible seclusion ; who gave him a civil answer to this effect ; that things were now in an hurrie , and their entring at this time into the house might causes me disturbance , but doubted not such course would be taken by the officers of the army in few daies , that none should be forcibly secluded and so they went from the lobby into the hall from whence they came , acquainting those members they left there with the premises . after some conference with one another , it was thought fit they should meet about 4. a clock in the evening under lincolns inne chappel , and in the mean time that every one should inquire , what old secluded , or secured members were now in town , and how many members of the long parliament were yet living , chosen or sitting before december 6. 1648. when they were first forcibly secluded by the army . some met accordingly , and upon conference found , there were about 80 secluded members then in london and westminster ; being near double the number of those sitting that day ; and above 300 members of all sorts yet living , chosen or sitting in the commons house before decemb. 1648. over and above those that now sate ; all which they conceived ought in justice to be summoned by the speakers letter , freely to meet and sit in the house at a convenient time to be agreed upon ; in order whereunto some ten of them met in the counsel-chamber of lincolns inne ( where the old speaker used to sit in counsel as a bencher with the rest of the benchers concerning the affairs of the society ) as the fittest place to write down a catalogue of all the surviving members names , by the help of their memories and the printed list of them ; which having finished , they departed , agreeing to meet in westminster hall about 9 of the clock on monday morning , whither m. p. carried the list of the names he had formerly written , digested into an alphabetical order , to communicate it to other members , those that sate meeting on the lords day , adjourned their house till ten of the clock mond●y morning : but the courts not sitting in vvestminster-hall that day , mr. p. found the hall very thin , & few members in it . whiles he was standing in the hall expecting those who promised to meet there , he was twice informed one after another , that there were no guards at all at the house d ▪ or , that any person might freely go into it without examination , there being but few members within , and the doors standing open . whereupon he spake to 4 or 5 members there met , to go along with him into the house , and if they were freely admitted , to give notice of it to the rest to follow after if they pleased : some of them were unwilling to go being formerly repulsed , thinking it better to make a narrative of their former forcible seclusion on saturday , and to signifie it by a letter directed to the speaker , subscribed with their names , which mr. p. conceived superfluous , since the door now stood feeely open to all without any guards to seclude any , and that , as he apprehended , in pursute of major general lamberts promise to mr. knightly : and it would be idle to complain of that force by letter , wherewith they might now acquaint those then fitting by their own mouthes , if there were cause . vpon which ground , m. prynne , mr. annesly , and mr. hungerford about ten of the clock went to the house , where the doors of the lebby & house were at first knock opened to them by the ordinary door-keepers , upon their telling thē they were members , ( there being no guard at either door : ) who delivered to each of them as members , a printed paper intitled , a declaration of the parliament assembled at westminster , saturday 7. may , 1659. they found not about 9. of 10. of those who sate , within the house , who courteously saluted them : after some short discourses , mr. annesly , and mr. hungerford leaving mr. prynne in the house , ( out of which he resolved not to stir upon any occasion , for fear of a new forcible seclusion ) went back into the hall to acquaint the members in it , they might freely enter if they pleas●d : mr. annesly returning , was forcibly kept out from re-entring by some soldiers , sent thither ( as he conceited ) for that purpose . wherwith he acquainted mr. p. by a note , desiring to speak with him at the house door ; which being opened , mr. annesly pressed to go in to speak with him , but was denied entrance , unless he would give his paroll presently to come out again and not stay in : whereupon he said . though they had often broken their parolls with them , yet he would not break his parol ; but would come forth so soon as he had spoken with m. p. which he accordingly performed . after this mr. p. had conference with divers members as they came in , who said they were glad to see him in health , and meet him there again . the house being thin , m. p. turned to the statute of 17 caroli , c. 7. reading it to himself ; and after that to two other members : telling them , it was a doubt , whether the old parliament was not determined by the kings death , notwithstanding that act ; which was fit to be first freely debated in a full house , before ought else was done . upon which they demanded , why he came amongst them , if he made a scruple , or thought it to be dissolved ? who answered , to have it fully debated and resolved in a full and free house . after which sir arthur hasterigge coming in , mr. p. saluted and told him , he was glad to meet him again in this place : who presently answered , he had nothing to do to sit there as a member , being formerly secluded . whereto he replyed , he had as good right to sit there as himself , or any other member whatsoever , upon the account of the old parliament , if in being : having acted , written , suffred more in defence of the rights and privileges of parliament , than himself , or any sitting with him . upon which sir henry vane coming in , and stepping up to them , said in a menacing manner : mr. prynne , what make you here ? you ought not to come into this house being formerly vo●ed out , i wish you as a friend quietly to depart hence , else some course will be presently taken with you for your presumption : which sir arthur seconded , telling him , if he refused , that there would be a speedy course taken , and a charge put in against him , for his meetings on saturday , and actings against the house . to which he replied , he had as good , if not a better right to sit than either of them : that he knew of no vote to seclude , nor of any there who had right or power to vote him out , being equally intrusted with themselves for the whole nation , and those he represented : that he was never convicted of any breach of his parliamentarie trust , and hoped they would have both the justice and patience to hear , before they voted him out : and then he doubted not to make it appear , themselves were greater infrinegers of their trusts , and more worthy to be voted out than himself . as for their charge and menaces , he was no way affrighted with them : it being as free and lawfull for him and other members , to meet and advise together both as members and freemen of england , for preservation of themselves , the peoples rights and parliaments privileges , when forcibly secluded , as they did on saturday ; as for themselves , or the army officers to meet privately and publickly both in and out of the house , to deprive them of their privileges , as they had oft times done of late : that these high menacing words , were a very ill performance of their new published declaration , delivered him at the door : that they were resolved ( by the gracious assistance of almighty god ) to apply themselves to the faithfull discharge of their legal trust ; to assert , establish and secure , the property and liberty of the people in reference unto all , both as men and as christians . ) which if they should publikely violate , & null by any unjust charge , or proceedings against him , who had suffered so much , both as an english freeman , christian , and member too ( by their 3 years close imprisonment of him without cause or hearing ) under their new free-state , when first erected , and now again upon their very first reviving of it , though a member , only for coming into the house and meeting with other members , to claim their rights : it would highly reflect upon their intended new free state , and make all out of love with it . after which , they going up with other members into the committee chamber , to consult how to dispose of or get him out of the house , about half an hour after they all came down into the house , where mr. p. continued sitting : the speaker being come in the interim , they first concluded to goe to prayers , then to sit as an house : whereupon all taking their places , mr. prynne took his place too where he usually sat before , resolving not to stirr thence : which sir arthur and sir henry observing , after some whisperings with the speaker and others next them ; though the cushion was laid , and order given to call in the chaplain to pray , yet they countermanded it , telling the speaker , it was now somewhat late , and they could dispatch little before dinner : therefore they would by agreement , without any adjournment , presently rise and go to dinner , and then sit in the afternoon about one a clock , and the speaker in the mean time might dispatch a business he said he must needs doe . vpon which they all rising , mr. p. continued in the house till most of them ( being about 42. with himself in his computation ) were gone out , lest they should return and sit so soon as he was gone , his presence there , being the sole cause of their not fitting . mr. prynne then going out after them , found a guard of souldiers with halberts at the door , and a troop of horse in the pallace yard ; which were purposely sent for to keep out the other members , and mr. p. if he returned , as the sequel proved . mr. p. having acquainted some secluded members in the hall with these passages in the house ; who agreeing to send a letter to the speaker touching their forcible seclusion on saturday , he returned to lincolns inne , where he dined in the hall : immediatly after dinner he repaired to westminster , with a resolution to goe into the house if admitted ▪ or protest against the force if secluded by the army gards there placed : he found an whole troop of horse , in the palace yard , and a company of foot on the stairs , and court of requests , drawn thither to keep him and other members out ; whereupon he walked in the hall til past 3. a clock , expecting the speakers coming , with whom he intended to enter ; at last , being informed that he went the back way without the mace , and was gon into the house ; mr. p. to avoid tumult ( a company of unknown persons in the hall going after to see the issue ) went purposely forth towards the abby , till all were gone from the steps ; and then going up only with one of his acquaintance , ( no member ) he found the door and stairs before the lobby strictly garded with red-coats , who with their halberts crossed the door and steps so thick that none could pass : whereupon mr. p. demanded entrance , saying , he was a member ; and they being ignorant who he was , permitted him to pass through their pikes into the lobby , but secluded his friend from going up with him . when he came at the house door to enter , several officers of the army there placed ( one of them sitting in a chair ) told him , that he must not enter , and that they had special order to keep him out of the house : wherupon he protested against this their forcible double seclusion of him , as an high contempt and breach of privilege , contrary to their own and the sitting members declaration published that day ; demanding in the name of all the commons of england , and those for whom he was elected , free admission for himself and other members they kept out by a visible force of horse and foot ; which was a worse and more real levying of warre against the pa●liament , then the beheaded king or his party were guilty of ; whose imprisoning , prosecution of members of parliament for opposing his unlawfull will , after the parliament : and coming to the house only to demand the 5. impeached members , without offering force , or secluding any member ; but above all , his labovring the english army to be engaged against the english parliament ; ( being a thing of that strange impiety & unnaturalnes , that nothing can answer it , but his being a foreiner ) with his breach of faith , oath , protestations , in levying war against and offering force to the parliament only at a distance , without keeping out any by armed gards ) being the principal unparale'ld treasons , for which the most of those now sitting in their very declaration of 17 mar●ii 1648. ( expressing the grounds of their late proceedings against him , and setling the p●esent government in the way of a free state , now cryed up as their good old cavse ) appealed to all the wo●ld to judge , whether they had not sufficient cause to bring the k. to iustice ? and execute him as they did : of all which they were formerly & now far more guilty in placing gards of horse , & foot at the parliament doors to keep out him & other members : it being a force and levying of war upon the house it self and members , which would null all their acts and votes , as the sitting members in their declaration & speaker in his letter , an. 1648. ( upon the london unarm'd apprentices tumults at the house doors , though they kept out none ) yea some now sitting in their speeches in the last dissolved assembly at vvestminster , declared very lately : after which some of the officers said , pray talk no more with him : whereto he replies , he must talk a little more to them , in their own language : that the army-officers and counsel themselves had forcibly turned those now sitting out of doors , 20 april 1653. and thus branded them in their declarations and (a) other papers he had then about him : for their dilatory proceedings in the house , unlimited arbitrary proceedings at committees , their w●oly perver●ing the end of parliaments ; by becoming studious of parties , & private interests , neglecting the publick , so that no door of hope being opened for redress of their grievances , , nor any hope of easing the people in their burdens , it was found at length by these their exorbitances , that a standing parliament was in it self the greatest grievance ; which appeared yet the more exceeding grievous , in regard of a visible design carryed on by sowe among them , to have perpetuated the power in their own hands , it being utterly impossible in that corrupt estate . ( even in the judgement of moderate men ) that they who made gain the main of their business , should become instruments of our long desired establishment : therefore it became an act no less pious than necessary , for the army now to interpose upon the same equitable ground as heretofore in the like cases of extremity , ( no ordinary medium being left ) to provide for the main , in a way irregular and extraordinary , by their most necessary and timely dissolution . yet notwithstanding all these brands they have publickly layd upon them , ( which they and others never yet wiped of by any publick answer as the formerly secluded members had refuted those base aspersions and calumnies the army had falsely cast on them ) they had now invited those very members to return and fit again without secluding , any of them , and engaged to yield them their best protection , as the assertors of the good old cause , who had a special presence of god with them , and were signally blessed in the work : yea as the only instruments for setling and securing the peace and freedom of this common-wealth : therefore they had far greater reason to invite & call in him & the other first secluded members than thus forcibly to exclude and ascribe and give to them alone the supreame authority of the nation which they have engrossed to themselves without the peoples vote or election in whō alone they have formerly * voted it ; a presage of their subsequent free-state proceedings , when once setled in their government , and a strange contradiction ; wherefore they should much more invite him and others they formerly and now afresh have forcibly secluded , against whom they had not the least exceptions , to settle us again in peace and freedome , which they had done when they sate , had they not secluded them . after which one of the army officers told mr. prynne , he had deserted the good old cause : to which he replyed , that the true good cause for which they were first raised , was only to defend the kings person , kingdom , parliament , all its members , privileges , and secure them against all force and violence whatsoever , which cause they had not only deserted but betrayed , and fought against , contrary to all former engagements , to which cause he adhered , and defired entrance to maintain it . to which he answered . that indeed was once their good old cause ; but now it was not so , for since they had pursued another cause : mr. p. replyed , that then they were real back-sliders therein , and their cause neither old nor good , but bad , new and destructive to the former old one . in conclusion mr. p. pressed them to shew their order forbis seclusion , & tell him their names ; they answered they would not shew it , nor tell their names : he then told them , that certainly their good old cause was in their own iudgements , consciences very bad , since they durst not own it by name : they answered , that mr. annesly the last day when they refused to tell their names , as they do now , had inquired out some of them , from whom be might learn them . in conclusion when he could not prevayl , he told them , they declared themselves and those now siting arrant cowards , and their magnified good old cause to be very bad , since they were afraid of one single person without arms , when as they were a whole army of armed men , and bad above 40 voyces to his one , yet were afraid to admit him in , for fear he alone should blow them all up with the breath of his mouth , and goodness of his cause . and so departing , he met mr. prydeaux in the lobby , and desired him to acquaint those within , that he was forcibly kept out of the house by the souldiers , who beset the passages to keep out what members they pleased ; then returning again into the hall , a secluded member he there met pressing him to know what passed in the lobby : he related the sum of what was done and said , which divers pressed about him to hear , and some common souldiers among others ; who when he had ended his relation , said , he was an honest gentleman , and had spoken nothing but truth and reason . after which meeting with colonel oky in the hall ( who came over to transport him from iersy into england , they had some discourse touching his forcible seclusion , and the great scandal and ill consequences of it ; which divers pressing to hear , mr. p. went out of the hall to avoid company , and meeting with the member who drew up the letter to the speaker , perused and signed the fair copy , and so departed to lincolns inne without any company . this being an exact narration of the truth , substance of what passed between mr. p. the army-officers , and those now fitting , on the 7th . and 9th . of this instant may , both in the lobby , house , and elsewhere , mr. prynne being since necessitated to publish it , to prevent and rectifie the various misreports thereof . he shall now relate , ( as a corollary thereunto ) the true and only reasons then inducing him ( after earnest prayer to god for direction and protection in this grand affair ) to press the admission of himself and other members into the house , to correct the manifold contradictory censures of what he then did and spoke . some have been staggared and amazed at it , as if he were now turned an apostate from his former principles , acting both against his judgement and conscience , to cry up , and make himself a member of that old parliament , which he publickly printed to be dissolved above ten years since , by the kings death ; others have censured it for a rash , foolish , and desperate attempt . a third sort condemn it as a seditious , tumultuous if not treasonable action , prejudicial to the publick peace and settlement , deserving severe exemplary punishments . a fourth classis doome it , as a scandalous act , dishonorable , destructive to our religion . a fifth sort cry it up , as a most necessary , heroick , national , zealous action , deserving everlasting honor , prayse , thanks from the whole english nation , and a necessary incumbent duty as a member of the old parliament , ( though legally dissolved ) being pretentionally now revived against law , truth , by those very army officers , who six years past ipso facto dissolved , and declared it to be dissolved ; yea have held many new mock-parliaments of their own modelling since , all proving abortive , by forcible ruptures as the long parliament did it is not in mr. prynnes power to reconcile or controll these contradictory censures ; neither was he ever yet so foolish or vain-glorious , as to be any wayes moved with the censures , opinions , or applauses of other men ; nor so ambitious , covetous , as to pursue any private interest of honor , profit , revenge , &c. under the notion of publick liberty , justice , reformation as many have done ; nor so sycophantical as to connive at others destructive exorbitances , guilded over with specious titles ; this being his constant rule , to keep a good conscience in all things both towards god and man , acts 24.16 . to discharge his publick trust , duty towards god and his native country , though with the probable hazard of his life , liberty , estate , friends , & what else may be precious to other men ; to trust * god alone with the success , reward of his endeavors , to let others censure him as they please ; to fear no mortal or power whatsoever in the discharge of his duty , who can but kill the body , mat. 10.23 . ( nor yet do that but by gods permission ) being utterly unable to touch the soul , but to fear him alone who can cast both soul and body into hell. the only ground , end , motive , inducing mr. prynne thus earnestly and timely to get into the house , was no wayes to countenance any unparliamentary conventicle or proceedings whatsoever , nor to own those then sitting to be the old true commons house of parliament , whereof he was formerly a member , as now constituted , much less to be the parliament it self then sitting ; but to discharge the trust to which he was once ●nvoluntarily called without his privity or solicitation , by an unanimous election , a little before the last treaty with the king , having refused many burgesships , freely tendred to him with importunity , both before his election at newport and since , being never ambitious of any publick preferments , which he might have easily obtained , had he but modestly demanded , or signified his willingness to accept them . after his election against his will and inclination , he came not into the house till the treaty was almost concluded , ( and that at the request of divers eminent members ) only with a sincere desire to do that cordial service for preservation of the king , kingdom , church , parliament , laws , liberties of england , and prevention of those manifold plots of forein popish adversaries , priests , jesuites , sectaries , seduced members , army-officers , and agitators , utterly to subvert them , which other members overmuch or totally neglected , coldly opposed , or were totally ignorant of : what good service he did in the house during that little space he continued in it , is fitter for others then himself to relate . how fully he then discovered to them the true original plotters , fomenters of that good old cause , now so much cryed up and revived , how strenuously he oppugned , how truly he predicted the dangerous conseqnences of it , since experimentally verified beyond contradiction , his printed speech decemb. 4. 1648. can attest , and his memento , whiles he was a prisoner : for this speech & good service of his in discovering , oppugning the new gunpower-treason then plotted and ripened to perfection , to blow up the king , parliament , lords , laws , liberties , religion at once , violently prosecuted by the force , remonstrance , and disobedient practises of the rebellious army officers and souldiers , he was on the 6th . of december 1648. forcibly seised on at the lobby-door as he was going to discharge his trust , and caried away thence by col. pride and others . how unhumanly , unchristianly mr. prynne ( seised with other members at the house door decemb. 6. ) was used by the army-officers , who lodged him ( & them ) in hell on the bare boards all that cold night , almost starved him ( and them ) with hunger and cold at whitehall the next day , imprisoned him many weeks in the strand , and after seised , kept him ( by a new free-state warrant ) a strict close prisoner in three remote castles nigh three years , for his speech in the house , against their most detestable treasons , and jesuitical proceedings against the king , parliament , privileges , and members of it , is (a) elsewhere at large related : this being all he gained by being a member , and for asserting that true good old cause against the new imposture now cryed up afresh , to turn our antient kingdom into a new republick , and our parliament of king , lords , and commons , into a (b) select , unparliamentary juncto , or forty or fifty members of the old dissipated house of commons , elected , impowred only by the army , not people , to act what they prescribe , to extirpate king , lords , monarchy , magistracy , ministry , laws , liberties , properties , and reduce them all under jesuitisme at first , and our forein enemies vassallage in conclusion . mr. prynne then being most clearly convinced thereof , by what he formerly published as a member in his speech and memento , and since in his epistle to a new discovery of free state tyranny , his ius patronatus , his historical and legal vindication of the fundamental laws , liberties , rights , properties of all english freemen , a new discovery of romish emissaries , his quakers unmasked , and in his republicans good old cause truly and fully anatomised ; wherin he infallibly demonstrates , their converting of our late english monarchy into a new common-wealth , or elective protectorship to be the antient projected moddles of father (c) parsons , and other jesuites , and tho. campanella the italian frier (d) specially recommended by them to the pursuite of the king of spain , who prosecuted it all he could to promote his universal monarchy , and so much rejoyced at it , that he was the first foreign king who presently sent an extraordinary ambassador to congratulate the accomplishment , applaud the constitution of , & enter into a league of friendship with it ; whose flattering panygerick in his great catholique kings name , in prayse thereof , and what an honour it was to them , that he was the first forein prince that owned them for a common wealth , made the commons house so intoxicated , that they gratified him in all his requests , and pursued all his designs , only to ruine us and the netherlands , layd down by campanella , de monarchia hispanica , c. 25 , 27. by furnishing him with many thousands of irish forces , quarrelling with the hollanders , maintaining above three years bloody wars with them , with infinite losse and expence to both nations , taking the french kings fleet , provisions merely designed for the reliefe of dunkirk , whereby he presently regained it to our prejudice : and on the other hand (e) cardinall richlieu of france , the great incendiary of christendome , and fomenter of all our domestick wars in his life ; the french king and mazarine by his instructions in writing after his death , vigorously pursued this very design : his instructions to this purpose ( recorded by (f) conte de galeazzo gualdo priorato , an excellent italian historian ) are very memorable , who relates ; that cardinal richelieu anno 1642. ( after he had involved the king , parliament , and ireland in a bloody civil war ) being near his death , delivered these politick instructions for the king his master to pursue for carrying on his designs in relation to england with successe ; that above all other things he should endeavour to keep the government of great britain divided and dis-united , by ayding the weaker party , that the other might not make it self too powerfull ; by causing the three kingdomes of england , scotland , and ireland to be divided , either by nominating other kings (g) ( elective of another family , accomplished by erecting an elective protector ) or by moulding them into a common-wealth ( as our republicans have formerly and now done again ) yet with this caution , that when they are reduced into a common-wealth , so to order the matter , that it may not be united into one , but divided how punctually cardinal mazarine prosecuted these instructions ever since , and accomplished them at last , the letters taken in the lord digbyes cabinet , * printed by the parliaments order , 1646. and o. cromwels late intimate correspondency with mazarine , discover . and how much the iesuites and catholicks in france in november 1648. approved , applauded the turning of our hereditary monarchy , which they ▪ irreconcilably hated , envyed , as well as the late king , i and turning the old parliament into a new republican representative , and that all their hopes to effect it were in the army , to whom they wished all prosperity therein : you may read in a letter sent from thence by the armies agent to a fitting republican member , soon after published by mr. prynne who got the original . * mr. prynne knowing all this , and clearly discovering a fresh combination between the sectaries , republican , anabaptistical , iesuitical , levelling party , to pursue their designs afresh , and accomplish what they formerly attempted in the short mock-parliament of their own election , creation anno 1653. and what was then passionately recommended to them by k iohn canne , the anabaptist in his voyce from the temple ( dedicated to them ) as their generation work , which god and all his people then expected and required from them ; even to extirpate the church , & ministry of england , advowsons , glebes , tithes ; and demolish all parish churches as antichristian ; to extirpate the law root and branch under pretext of reforming and new-moulding it ; to sell all corporation and college lands , and set up a popular anarchy , or tyrannical oligarchy among us , under the disguise of the old dissolved parliament , sitting from 1648. till april 20. 1653. after six years violent ejection of them with highest scorn and reproach , yet now invited by them to sit again to effect these romish designs to our utter confusion , but secluding all those who were like to obstruct or defeat them . upon this consideration mr. prynne as a secluded member of the old parliamemt , wherein he detected oppugned all these treasonable designs heretofore , and since its dissolution by the kings beheading , held it his bounden duty to prevent , defeat them now , and nip them in the bud ; whereupon so soon as those now sitting entred the house , he assayed to go into it , with as many old secluded members as he could , there being 80 of them in london : for although his judgement be , l that this parliament is quite dissolved by the kings beheading , as he oft declared in print : yet since the army officers and those now sitting with sundry others , pretend it still in being , and under that pretext alone have acted all their publick tragedies , and innovations , he conceived himself bound in conscience upon their concessions , to endeavour to prevent these mischiefs , and do all publick good he might , with better warrant and reason than most ministers , lawyers , justices , magistrates , members of late parliaments , ( as they style them ) have prayed for , complyed with , acted in , under those late governors , governments , & mock parliaments ( as he is confident some now sitting among them in this new convention believe it dissolved , and yet go in only to prevent and allay those mischiefs which others violently pursue ) which their own consciences , and our laws resolve them without scruple to be utterly illegal ; whereas this old parliament , whereof he was a member , was most legallie summoned and convened beyond dispute , and hath the colour of a legal act of parliament for its continuance , which those since have wanted : of which act the greatest part of those now sitting taking advantage , notwithstanding their new instruments , declarations , petitions , advises , addresses , and sessions in other new parliaments since ; and it being a great dispute now among most secluded members , whether that parliament was not yet alive though the king be dead ? the majority of their voyces over-ruling his private judgement , as in all other parliamentary votes and proceedings , gave a present sufficient call , warrant to him and others to enter the house to debate it , and act what and as they did ; which will satisfie all those who censure it as unwarrantable or contradictory to his judgement : especially when they shall hear what he really intended to propose to the sitting members when he got into the house , had they not gone out to prevent it . 1. he intended to inform them of those destructive jesuitical ends and designs , forementioned , which they were now purposely called in to accomplish , carrying along thomas campanella , richilieus instrnctions , with other books , papers of theirs , and some printed copies of the republicans and others good old cause truly and fully anatamised , now put out and published , to dis-engage them from its pursute at the first , before they were engaged therein by any votes or actions , if he could but gain audience or patience to hear them pressed on their consciences viva voce . but their unparliamentary adjourning on purpose to prevent it when he was in , and forcibly resecluding him by armed gards when once out , he held himself bound in conscience , to publish that to them and the the world in print , which he was not permitted libertie to speak , as he formerlie did ( when forcibly imprisoned and kept from the house by the armie as now , upon the like account ) in his brief mememto to the present unparliamentary iuncto , from his pison-chamber at the kings head ( which they soon after took of ) ian. 1. 1648. 2ly . he intended to propose , that all armed gards of souldiers in or near the cities of london or westminster , might by publick proclamation be removed to a convenient distance thence , according to the l antient custome , presidents , and privileges of parliament , prohibiting not only all armed forces , but the very bearing of any arms or weapons in or near the place where the parliament did sit , under severest penalties , lest they should over-awe the members , or any way interrupt their proceedings : which the undutifull mutinous officers , souldiers , now in and near the city , ( though raysed purposely to protect the parliament and its members from all force whatsoever ) have frequently done , nay forcibly secluded , imprisoned , ejected the members themselves sundry times , yea turned the now sitting members out of doors , and now again on saturday last , and this very morning secluded him , and sundry members when they came to enter in . 3ly . that all the lords , all secured , secluded members of the old parliament , not sitting after decemb. 8. 1648. now about the city , ( being double in number to those now sitting ) might presently be called and freely admitted into the house ; and all living members of the old commons house elected or sitting at or before that time , might by the speakers letter be desired in all their names , to meet together in the commons house forty daies after , ( the m ordinary time limited in most writs of summons , or resummons of parliament ) and nothing acted or voted in the inte●val as a house of commons , till they were all assembled , after their ten years seclusion , dissipation by the armies force and war upon them . this suddain , unexpected clandestine , stealing into the commons house , of about 41 , or 42. members alone , without any general notice given thereof to all the other surviving absent members , or places which elected them ; sitting presently as an house of parliament , accompanied with a present forcible seclusion of all but their own confederates , being a most unparliamentary practice , conspiracy , surprise , unworthy saints , or persons of honour , destructive to the very being , privileges of parliament injurious to the whole nation , as well as absent and secluded members ; yea contrary to their own republican votes , principles ; n that the supream authority of the nation resides only in the generality of the people : that it cannot be transferred from them to any others , in or out of parliament , but by their free consents and elections : that their representatives in parliament ought to be equally distributed throughout the nation : no member to be secluded when duly elected ; and all things to be carryed only by majority of voyces . contrary to the principles of law , equity , common iustice , reason , which resolve , that o publick acts of parliament bind all men , because they all are parties and assenters to them by their election of knights , citizens , and burgesses impowred , intrusted by them , and present when they passed by their common assent ; which they cannot be , when the farre greater number are absent , secluded , and have no notice of their present sitting : contrary to common right , and that just maxime inserted into some antient p parliament writs of summons and elections to sheriffs , quod omnes tangit ab omnibus approbetur , that which concerns all ought to be approved by all . and not only so , but this their surreptitious fraudulent suddain sitting and acting by themselves as a parliament , if they proceeded would make them far more criminal and guilty of highest treason , than king richard the 2d of old , impeached and , dethroned in the parliament of 1 h. 4. amongst other articles for this q that the said king in his last parliament at salop , purposing to oppress his people , subtlely procured and caused to be granted , that the power of the parliament by the consent of all the states of his realm , should remain with certain persons , to determine , after the parliament dissolved , certain petitions delivered in the same parliament , at that time not dispatched . by colour of which concession the persons so deputed proceeded to other things , generally touching that parliament , and that by the kings will , in derogationem status parliamenti , & in magnum incommodum totius regni , & pernitiosum exemplum : in derogation of the state of the parliament , and to the great disprofit , ( prejudice ) of the whole realm , and pernitious example : and that they might seem to have some kind of colour & authority for this kind of their proceedings ; the king caused the rolls of the parliament according to his vote , to be changed and deleted , contrary to the effect of the foresaid concession : which is likewise mentioned in the printed act of 1 h. 4. c. 3. and thus amplyfied ; that a certain power was committed by authority of parliament to certain persons , to proceed upon certain articles comprised in the rolls of the parliament thereof made , and by authority aforesaid divers statutes , iudgements , ordinances , and stablishments were made , ordained , and given erroneously and dolefully , in great disherison and final destruction , and undoing of many honourable lords and liege-people of the realm and their heirs for ever : wherupon that whole pariament of 21 r. 2. with all the circumstances and dependents thereupon , were wholy reversed , revoked , voyded , undone , repealed , and annulled for ever . if this then were so high a crime and breach of royal trust in king r. 2. even by consent and authority of the whole parliament and three estates , subtilly to procure the power of the whole parliment to remain in the hands of certain persons which themselves approved of ; who exceeded their commission and acted generally as a parliment : and if this was a grand derogation of the state of the parliament , a great damage to the whole realm , and pernitious example for posterity ; for which in the very next parliament they impeached , deposed him , and nulled all these proceedings for ever . then questionless their former sitting , acting in the commons house from december 7 1648. till apr. 20. 1653. and now again , without , yea against the consents , votes of the parliament , 3 estates , & secluded members , their repealing , altering , the very acts ordinances of the lords and commons concerning the treaty with the king , and sundry others ; their nulling the act for trienial parliments , the continuance sitting of the lords in this parlament , their declaring themselves alone to be the parliament of england , beheading the king himself , their dis-inheriting the whole house of lords and their heirs for ever of their parliamentary session ▪ judicature , privileges , as much as in them lyeth ; and thousands more of their real and personal estates ; their forcible secluding , securing the greatest part of their felow-members , then , and now again by the armies power , and sitting under their force ( which by their own declaration of august 6 , and the armies in pursuit thereof august 8. the speakers letter , iuly 29. 1648. yea sir arthur haslerigges own speech , and others of them , the very two last dayes they sate in the last convention , nulls all they voted or ordered ) must needs be a more execrable transcendent crime by thousands of degreees , a greater derogation to the state of the parliament and its privileges , of more fatal consequence to the whole kingdom , and of far more pernicious example , than this act of his , eternally to be exploded , declared null , void to all intents in it self , and demeriting the highest censures , that the justice of parliament can inflict , being a more superlative treason and high misdemeanour than this kings , or canterburies , impeached by the whole house of commons , and many of them thus acting , sitting , that to preserve himself from being questioned for his trayterous courses , he hath laboured to subvert the rights of parliaments , and the antient course of parliamentary proceedings : this being the last article of his impeachment , for which amongst others he lost his head , which presidents mr. prynne would have pressed them viva voce seriously to consider , at which they must needs stand mute and astonished not having one syllable to reply . 4ly . he would have propounded , that when all the members met together , they should in the first place debate this point , whether the old parliament were not actually dissolved in point of law , by their beheading the king , notwithstanding the statute of 17 caroli c. 7 ▪ which though themselves by their former and present sitting by pretext thereof , the army-officers heretofore and now again deny , and many secluded members hold still to be in being , yet for his own opinion he held , and had * published it to be dissolved notwithstanding this act , and to be casus omissus out of it , which he was ready to maintain against all opponents , by these reasons , 1. because it hath been frequently resolved by parliaments themselves , the reverend judges , and our law-books , as 1 h 4 rot . parl. n. 1 , 2 , 3 , 1 h. 5. rot. parl. n. 16.4 e. 4. f. 44. cooks 4. instit. p. 44. by king charles own declaration , 13 iunii , 3 caroli , and his judges and counsel then , that the deposition , and death of the king doth actually dissolve the parliament , and that the new king cannot hold and continue the old parliament sitting , or prorogued at his ancestors death , the parliament of 22 r 2. being dissolved by his resignation of his crown , and the parliaments of 14 h. 4. & * 24. iacobi , by the deaths of these two kings , and by like reason the last parliament of 16 caroli by his violent death . 2ly . because the parliament is no standing court , sitting at certain seasons by positive laws , but summoned , constituted s by the kings writs of summons , and royal prerogative , when and where he pleaseth ; and adjourned , prorogued , dissolved by his writ alone in point of law and practise in all ages at his pleasure ; sitting sometimes longer , sometimes shorter , and sometimes prorogued to another day , place , or countermanded after summons , upon just occasions , as the parliament , & clause rolls , the act of 16 caroli c. 1. and other statutes resolve . now all writs of summons being actually abated by the kings death which made them , as well as all commissions , patents of all judges , justices , sheriffs whatsoever , and other writs , informations in the kings name and behalf , as the statute of t e. 6. c. 7. cooks 7 report f. 29 , 30. crookes 1 part. p 1 , 2.10.11.97.98 . and other lawbooks collected by asb , discontinuance de pr●ces 16. and reattachment 7. determine . the writs of summons , and likewise of parliament must needs abate likewise : and the lords being made judges , and the commons * members of that particular parliament only by the kings writ : his death must determine their parliamentary judicature or authority , sitting , during the kings pleasure , as well as the judges , justices , sheriffs patents , and all other commissions whatsoever . 3ly . because every parliament heretofore , & in the reign of k. charls , by the very recitals of the writs , is called : 1. in the name and by the authori●y only of the king regnant ( in his natural capacity , accompanied with his politick ) by his christian name , carolus dei gratia rex , &c. expressed in it , not generally by the office king , but carolus rex . 2ly . it recites it to be called v de a●isamento consilii nostri : 3ly . it stiles it quoddam parliamentum nostrum 4ly . that the occasion of calling it , was about certain arduous businesses nos et defensionem regni nostri , ( & iura coronae nostrae , &c. in many antient writs ) contingentibus : 5ly . that his intention in calling it , is quia cum praelatis , magnatibus et proceribus dicti regni nostri , or nostris , colloquium habere volumus et tractatum . 6ly . it summons them thus ; vobis mandamus , &c. quod personaliter intersitis nobiscum , or ad nos , such a day and place , nobiscom et cum caeteris praelatis , magnatibus , et proceribus praedictis tractaturi , vestrumque consilium impensuri , super negotiis antedictis . 7ly . the knights , citizens , burgesses and barons of ports in the commons house are summoned to doe and consent to those things which shall happen by gods favour to be then ordained de communi consilio supe● negotiis antedictis ( in sundry writs stiled by the king , negotia nostra , negotiorum nostrorum , &c ) which clause is thus explained in claus 36 e. 3. d. 16. cl . 37 ● . 3 . d. 22 cl . 38 e. 3. d. 3. cl . 39 e 3. d. 2. cl . 42 e. 3 , d. 22. cl . 47 e. 3. d. 29. ad consentiendum biis quae per nos , ac dictos magnates et proceres or●inati contigerit favente domino . from all which particular clauses in the very writs of summons , it is undeniable , that the parliament of 16 caroli , was ipso facto dissolved by the kings death : 1. because this parliament was summoned particularly by king charles in his natural as well as politick capacity , not in his politick alone , nor yet by or for him , his heirs & successors ; who ceased to be both charles and a king of this realm by his death 2ly . the counsel by whose advice it was summoned , was his , not his heirs and successors counsel . 3ly . the parliament convened , his parliament alone , not his heirs or successors , both of them ceasing to be his counsel or parliament by his decease . 4ly . the subject matter for which it was summoned . divers urgent and arduous businesses concerning us , not our heirs or successors , and the defence of our ( not their ) realm of england : who was no more us , and the kingdom no more his kingdom , so soon as he lost his life . 5ly . the end of summoning this parliament , was only this , for the king himself to have a conference and treaty with the prelates and nobles , and for them to be personally present with us , not our heirs or successors , to give us their counsel , &c. not our heirs and successors : all frustrate , made impossible , and absolutely ceasing by his death : because when once dead , they can neither parlie , conferr , nor treat with the king himself , nor the king with them , nor be personally present with him for that purpose : unlesse they will averr , that a meer dead headlesse king can really confer , treat , parly , consult , advise with his living prelats , lords , parliament , and they with him , & be parliamentally present with each other in the lords house neither of which they dare admit into it , for fear the king if living , and lords too , should afright them out of it , as the kings ghost , yea the memorial of it though dead , might justly do . 6ly . the mandatory part being in the kings name alone , to summon them to treat with and give their counsel unto us concerning the foresaid businesses relating to us and the defence of our realm , our businesses aforesaid , not our heirs and successors . he and his businesses all ending when he expires , the parliament must of necessity determine . 7ly . the parliament ceasing to be the common counsel of the king and his kingdom , and nothing possible to be ordained by us , ( the king , not his heirs and successors ) prelates , nobles in parliament , without his concurrent vote , or when he is dead ; unless a dead king can give counsel , make ordinances , give his royal assent to bills when deceased . it must inevitably follow , that all the authority , causes , grounds , ends for which the members of this parliament were all summoned to treat , consult , and give their advice to the king himself determining , and becoming impossible to be performed by his death ; the parliament must of necessity expire and be dissolved , even as the natural body ceaseth to be and remain a living man when the head is quite cut off : if then those now sitting ( who cut off the kings head , the head of the parliament , and thereby destroyed that temporary body politick ) will have their conventicle revived by this act , they must set on his head again , raise him alive out of his grave , and bring him back into the house , to impeach , condemn , decapitate them in this true high court of justice for this their beheading him in their court of highest injustice . which mr. prynne presumes they dare not doe , least his revived ghost should scare them thence , or justly retaliate their transcendent treachery . 4ly . if any man by his will , deed , the king by his commissions , the parliament by a special act or order , shall a authorize , impower any 3. persons joyntly to sell lands , give livery and seisin , execute any commission , as iudges , iustices , commissioners , auditors , or committees of parliament , if any one of them die ; both the survivors joyntly or severally can doe nothing , because their authority , trust was joynt , not several , and joyntly , nor seperately to be exercised . if there be not 40 commoners in the house , they cannot sit or acts as an house , nor dispatch the least affair ; no more can any committee of either house , unless their number be sufficient to make up a committee , as the orders and custom of parliament appoint : therfore , the parliament of england being a * corporation , compacted joyntly of the king , lords , and commons house , and three estates , the death of the king necessarily dissolves the parliament , notwithstanding this act , which did not alter the parliaments old constitution , but establish it . the b kings personal absence from his parliament heretofore and of late , was reputed very prejudicial to it , and his calling away some lords , great offi●ers , and other members from it , a high way to its present dissolution , in his life : therefore it must much more be dissolved by his death ; and the lords and commons forcible seclusion both before and since it , by the army and sitting members ; they having c vocem & locum in quolibet parliamento angliae , as our law-books , statutes and their patents resolve . 5ly . the principal end of calling parliaments is to enact new and necessary laws , and alter , repeal such as are ill or inconvenient ; as the prologues of our printed statutes , our writs of summons , law-books , attest , and all accord . but no new act of parliament can be made , nor no former acts altered , repealed , but by the kings royal assent ; who hath a negative voice to deny , as well as affirmative to assent to them , as well as the lords and commons , as all our parliaments , iudges , d law-books , parliament records , treatises of parliaments , the printed statutes in each kings reign , more particularly , the statutes of 33 h. 8. c. 21. 1 jac. c. 1. in the close resolve ; yea , e both houses acknowledged it in all contests with the late king , our kings coronation oaths , and all our antient saxon kings lawes attest it . therefore his death must needs dissolve the parliament , notwithstanding this act , because it could make no act for its dissolution , nor declare , alter , repeal any other law , without his royal assent . there are but 2. objections made by any sitting or secluded members against these reasons , that his death should not dissolve the parliament . the 1. is this , which the republicans themselves formerly and now insist on , that the king doth never die in judgement of law , and that there is no interregnum , because the crown immediately descends to his right heir who by law is forthwith king de jure and de facto , before his actual proclamation or coronation ; as the statute of 1 iacobi ch . 1. cooks 7 rep. f. 10 , 11. calvins case , and other books resolve . to which mr. prynne answers 1. that this argument is but an axe to chop off their own heads , and supremacy , as they did the kings ; and the objectors now sitting must either renounce their sitting , acting , knacks , declaration against the late king , kingship , and the house of lords , or quite disclaim the objection : for if the king never dies : then by their own confession and our lawes , we are still a kingdom , not a republike ; yea charles steward , as heir to his beheaded father , was and is still de iure & de facto the lawfull king of england , and supreme lord and governour of our church , kingdom , there being no interregnum , ever since his fathers death ; and then what becomes of all their absurd , illegal knacks against his regality , and kingship it self , ( of which they are forced now to pray in ayd to make themselvs a parliamen . ) of their mock-parliament , without king and house of lords ; of their perfidious treacherous engagements against both , and supreme authority of the nation which they have tyrannically usurped ? 2ly . though the king in genere , or rather kingship it self , never dies , yet the x king in individuo may , and doth oft times die : and if the successive deaths of all our kings since we were a kingdom be not a sufficient proof thereof ; the very objectors and iohn bradshawes y beheading the late king , and putting him to such a shamefull publike death , as no pagan nor christian lawfull king of england ever formerly suffered by perfidious , perjurious , treacherous subjects since it was an island , ( against our laws and votes of parliament , in the highest court of injustice created by them for that end ) is a sufficient evidence , that the king of england dieth as well as other men , ( as they all must likewise doe in gods due time ) unless they will make the world believe to expiate their treason , that they did not kill the king in cutting off his head , but that he is still alive , because some others ( as is reported ) did reunite and sow it to his bodie , when severed from it by them . but of this enough , since m. p. presumes they will henceforth rather renounce their parliaments being , than bottom its present existence upon this * bloudy foundation , and their exploded kingship . the 2d . objection is from the words of the statute of 17 caroli , c. 7. which declareth , enacteth , that this present parliament now assembled shall not be dissolved , unless it be by act of parliament : in the negative : ergo , it shall not be dissolved by the kings death , being no act of parliament , nor any act of parliament yet made for its dissolution . whereunto mr. prynne answers : 1. that the sole end , scope of this act was not to provide against the dissolution of the parliament by the kings natural , or violent untimely death , not then thought of , ( he being in perfect health , likely to live many years by the course of nature , and to survive all the ends for which this act was made , ) but to raise credit for the parliament to provide monies by this act , to prevent the untimely dissolution , proroguing , adjourning of this parliament by the kings own regal power : he having prorogued , dissolved all former parliaments during his reign in discontent , by his regal power ( not death ) against the lords and commons wills . 2ly . this is intituled , an act to prevent inconveniences which may happen by the untimely adjourning , proroguing , or dissolving of this present parliament , and the prologue , body of the act , provide joyntly and severally against all three , to wit , the untimely proroguing , or adjourning , as well as dissolving of this parliament . but no parliament ever was , is , or possibly can be untimely prorogued , or adjourned , by the kings death , but only by his actual regal will and power : therfore the dissolving of it , intended by this act , must be only an untimely dissolution by his actual will , commission , writ , and regal power , alone , by which his former parliaments were prorogued , dissolved against the lords and commons assents , not by his death , whether natural or violent , being against his will , and no part of his regal supremacy , but only of his human frailty 3ly the inconveniences the commons feared would ensue by the untimely dissolution of this parliament , and endeavoured to prevent by this act , are thus expressed in the prologue . where as great sums of mony must of necessity be suddainly advanced and provided for relief of his majesties army , & people of the nothern parts of this realm , and to prevent the imminent danger this kingdome is in , and for supplying of other his majesties present and urgent occasions , which cannot be so timely effected as is requisite , without credit for raysing the said mony : which credit cannot be obtained , untiil such obstacles he first removed as are occasioned by fears , iealousies , apprehensions , of divers of his majesties subjects , that this present parliament may be adjourned , prorogued , or dissolved , ( 1. ) before iustice shall be executed upon delinquents , ( 2ly . ) publike grievances redressed , ( 3ly . ) a firm peace between the two nations of england and scotland concluded , ( 4ly . ) and before sufficient provision be made for the repayment of the said monies , so to be raysed : all which the commons in this present parliament assembled , having duly considered , do therefore humbly beseech your most excellent majesty , that it may be declared and enacted . and be it therefore declared and enacted by the king our soveraign lord , with the assent of the lords and commons in this present parliament assembled , and by authority of the same , that this present parliament now assembled shall not be dissolved , unless it be by act of parliament to be passed for that purpose , &c. by which it is undenyable , 1. that the commons when they petitioned for , the king when he declared , enacted , & the lords and commons when they assented to this act , did never think of or intend to provide against a dissolution of this parliament , by the kings untimely death , nor of a future dissolving it by an act of parliament by his successors or others after his decease ; but on the contrary , presupposed the continuance of his life , and of this parliament thereby , till all the inconveniences they recite were prevented , and a new act passed by him and them jointly to dissolve this parliament when these inconveniences were prevented and things effected : which is irrefragable , 1. because they declare in terminis , the speedy advancing and providing of monies , for the relief of his majesties armies , and people of the northern parts ( not their subsequent armies ) and the supply of his maiesties present and urgent occasions , ( not their own ) and the fears , jealousies , and apprehensions of divers his maiesties loyal subiects , &c. o be the only ground of their humbly beseeching his maiesty for this act. all which presuppose his life , being , preservation , and the commons great care of complying with him as their soveraign lord , without the least thought of his untimely death since happening , or secluding the king or his poûeritie , out of this and all future parliaments by colour of this act , as those now fitting have done point-blanck against it . 2ly the fears , jealousies , and apprehensions they had occasioning this act , were only these , that this parliament might be adjourned , prorogued , dissolved , 1. before justice shall be duly executed upon delinquents , ( then in being and complained of , as strafford , canterb●ry , the ship-mony iudges and others , not new delinquents since , not then dreamed of . ( 2ly . ) before publick grievances redressed ( those then complained of , not others arising afterwards . ) 3ly . before a firm peace between the two nations of england and scotland concluded , ( by reason of the former not subsequent breaches between them and the king ) 4ly . before sufficient provision to be made for the repayment of the said monies to be raised , ( not for the parliaments subsequent armyes and occasions ) but for his maiesties army and people in the north , the preventing the then imminent danger of this kingdom ( not of our new common-wealth , or dangers since arising ) and for supply of other his maiesties present ( not future ) and urgent occasions . but none of these four particulars could be accomplished by the lords or commons alone after his majesties death , but by the king alone , or by his concurrence with them whiles living : yea they were all actually accomplished in his life time , long before his death . the first , by the executions of strafford and canterbury ; the impeachments , censures of the shipmony-judges , and other delinquents both in scotland & ireland , the 2d . by the * acts abolishing shipmony , & the taking of tonnage , poundage , and other taxes without act of parliament : the acts for the preventing of inconveniences , happening by the long intermissions of parliament : for regulating of the privy-counsel , taking away the court of star-chamber , and high-commission , against divers incroachments and oppressions in the stannary court : for the certainty of forests and their meets and bounds : for the better ordering and regulating the office of the clerk of the market ; for reformation of false weights and measures , for preventtng vexatious proceedings touching the order of knightship , for the abbreviation of michaelmas term , and for the free importation of gunpowder , and salt-peter from forein parts , and making of them in england . by all these good acts passed freely by the king soon after or before this act , he fully redressed all grievances then complained of , or intended within this law. the 3d. by the act of confirmation of the treaty of pacification between the two kingdomes of england and scotland . the 4th . by the several acts passed for the relief of his majesties army , and the northern parts of this kingdom ; for the better raising and levying of mariners and others for the present guarding of the sea and necessary defence of the realm ( not republike ; ) for the subsidies of tonnage and poundage granted to the king , for the speedy provision of money for disbanding the armies , and setling the peace of the two kingdoms of england and scotland ; for securing such monies as are due to the inhabitants of the northern counties , where his majesties army have been billetted . and for securing by publike faith the remainder of the friendly assistance and relief promised to our brethren of scotland ; all passed and published by the king himself , anno 16 & 17 caroli 1640. & 1641. at least 7. years before his beheading : it is most certain , that all these ends of making this law , ( as the prologue thereof , and the word therefore in the commons prayer , infallibly declare ) were fully accomplished by the king in his life , so long before his untimely death : therfore none of thē now remaining to be performed ; & all acted ●ince their accomplishment by those now sitting , being diametrically contrary to this act , these ends , and occasions of it ; this parliament must of necessity be beheaded , expired with the king ; and cannot survive his death . 4ly . the words , that this present parliament assembled shall not be dissolved , unlesse it be by act of parliament to be passed for that purpose , nor shall at any time or times during the continuance thereof , ( twice recited in the subsequent clauses ) be prorogued , or adjourned , unlesse it be by act of parliament to be passed for that purpose ; can be intended of no other but that present parliament , which passed this act : which consisted of the kings maiesty our soveraign lord ( by whom this and all other acts passed or to be passed , was declared and enacted ; and this intended act likewise ) not of his heir or successor after his death ; and of the lords and commons house then in being ; not any new house of lords or commons succeeding after their deaths then sitting : therefore when the king was cut off by an untimely death , and thereby an impossibility accruing to dissolve it by an act of parliament within the words or intent of this act ; it must of necessity be dissolved by his beheading : impossibilities making acts of parliament to perform them meerly void , as our lawe makes n impossible conditions ; 5ly . this act and those who made it , must have and had a retrospect to the writs whereby it and they were summoned , and the ends , things therein expressed : but they all determined , and became impossible after the kings beheading ; therefore the parliament must be destroyed with him : o since cessante causa , cessat effectus , & cessante primativo , cessat derivativum , as all our lawyers , law-books ; and natural reason resolve . 6ly . the last clause of this act , tha● every thing and things whatsoever done or to be done , ( to wit , by the king or any other ) for the adjournment , proroguing , or dissolving of this present parliament , contrary to this act ; shall be utterly void and of none effect , do clearly explain the meaning of this act to be this , that it extends only to things done or to be done by the kings will and power , as to his commissions proclamations , writs , warrants , precepts , to adjourn , prorogue , or dissolve this parliament , ( as he had done others heretofore ) here declared to be utterly null and void ; not to his death wherein he was only passive , being forcible against his will and the parliaments too : which death no parliament can make null and void , in respect of the act it self ; so as to restore him to life , though the whole parliament , and our three kingdomes may and ought to null it , in respect of the illegal manner of his execution , not to be paralel'd in any age. 7ly . the commons themselves in their d remonstrance of the state of the kingdom 15 decemb. 1641. declared , that the abrupt dissolution of this parliament is prevented by another , ( this ) bill ; by which it is provided , it shall not be dissolved , adjourned , without the consent of both houses : yea the lords & commons in their e declaration of may 19. 1642. declare , that excellent bill for the continuance of this parliament was so necessary , that without it we could not have raised so great sums of monies for his majesties service , and common wealth as we have done ; and without which the ruine and destruction of the kingdome must needs have followed ( as since of the kingdom , and parliaments too by pretext thereof . ) and we are resolved the gracious favour of his majesty expressed in that bill , and the advantage and security which thereby we have from being dissolved ( by him ; ) shall not encourage us to do any thing which otherwise had not been fit to have done , which whether these formerly & now sitting have performed , let their own consciences resolve . after which the lords and commons in their humble petition to his majesty , f iun. 17. 1642. desire , that your majesty having passed an act , that this parliament shall not be dissolved but by act of parliament , your majestie would not do any thing tending thereunto , by commanding away the lords and great officers whose attendance is necessary thereunto . ( therefore the sitting members abolishing the whole house of lords , and their secluding most of the commons members by this petitions concession must dissolve it . both lords and commons in their declaration g 26th . maii , 1642. adde . we hope the people will never be carryed away with a noyse of words against the parliament , to make any such equitable construction of the act for the continuance of this parliament ; as may tend to the dissolution thereof , ( by the declaration of the king , which they answer in this ) and their own destruction therein . by all which passages it is apparent , that this act provided against every thing or things , done or to be done by the kings will or prerogative , without the houses consent for the dissolution of this parl. not against its dissolution by his death . 8ly . the king ( and his party too , ) did thus interpret it more than once in these passages : h in his majesties own answer to the declaration of the lords and commons of 19 may , 1642. we expressed a great trust in our houses of parliament , when we devested our self of the power of dissolving this parliament , which was a iust , necessary , and proper prerogative : to wit , when done by vertue of his prerogative , which this act devests him of , not by a natural much less a violent death , no part at all of this prerogative , but highest act against it , to its and his dissolution . i in his answer to the petition and propositions of both houses , 2. june 1642. we were willingly contented to oblige our self for the present exigent to raise monies , and avoid the pressure ( no less grievous to us than them ) the people must have suffered by a long continuance of so vast a charge as two great armies , and for the greater certainty of having sufficient time to remedy the inconveniences , when during so long an absence of parliaments , as for the punishment of the causers and ministers of them , we yielded up our right of dissolving our parliament , expecting an extraordinary moderation from it in gratitude , for so unexpected a grace , and little looking that any malignant party should have been encouraged or enabled to have perswaded them . first to countenance the injustices and indignities we have endured , and that by a new way of satisfaction for what was taken from us , to demand of us at once to confirm what was so taken , and to give up almost all ( and now more than all ) the rest . and in his answer to their ( k petition of 10 iune 1642. for that part of the petition which seemed to accuse his majesty of a purpose to dissolve this parliament ( contrary to the act for the continuance ) by commanding away the lords and great officers whose attendance is necessary ; which his majesty knows to be a new calumny , by which the grand contrivers of ruine for the state hope to seduce the minds of the people from their affection to , and jealousies of his majesty , as if he meant this way to bring his parliament , ( which may be the case of all parliaments ) to nothing . it is not possible for his majesty more to express himself thereunto , and his resolution for the freedom , liberties , and frequency of parliaments than he hath done . and who now considers how visible it must be to his majesty ● that it is impossible for him to subsist , without the affections of his people , and that these affections cannot possibly be preserved or made use of , but by parliaments , cannot give the least credit , or have the least suspition , that his majesty would choose any other way to the happiness he desires to himself and his posterity , bnt by parliament . from all which premises it is apparent , that the king himself and both houses of parliament did never intend by this act to prevent the dissolution of this parliament by the kings natural death , ( the act of god they could not prevent ) nor yet by his violent beheading ( which then they neither intended nor foresaw ) but by his own voluntarie act and royal prerogative , by which he formerly adjourned , prorogued , dissolved parliaments at it his pleasure . 9 ly . it is resolved in our law-books , that if an act of parliament refer to or confirm a thing which is not , or a thing which is utterly against common law , reason , justice , as for a man to be a judge or witnesse in his own case ) or a thing that is mis-recited , or repugnant , or impossible to be performed , there the common-law shall controll and adjudge such an act to be meerly void , plowdon f. 398 , 399 , 400. cook 8 reports , f. 118. a. b. ash. parliament , 13. hobards reports p. 85.86 , 87. but it is repugnant to reason , justice , nature , the intention of the writs of summons , yea a thing impossible , that the king should treat and confer with his parliament after his death , or the parliament not determine by it . therefore were it particularlie provided for by this act , it had been void in law , ( as if this act of parliament had declared , that a mariage between man and wife shall not be dissolved by the death of either of them , but continue indissolvable by death , against nature , experience , scripture , rom 7.1 , 2 , 3. ) much more then when not expressed nor intended by this act , as the premises evidence . xly. admit the parliament still continuing by this act , yet those now sitting neither are nor can be so much as an house of commons , much less the parliament within that act , for these unanswerable reasons , 1. the house of commons within this act , were a full and compleat house , consisting of above 500 members ; those now sitting in may 7 , & 9. but 42. viz. mr. will lenthal , quondam speaker , * henry martin , lord monson , mr. chaloner , mr. heningham , alderman atkins , alderman penington , th. scot , corn. holland , sir arthur hasletigge , sir henry vane , sir iames harrington , mr. whitlock , mr. prydeaux , mr. lisle , col. ludlow , mich. oldsworth , iohn iones , wil. purefoye , col. white , henry nevil , mr. say , mr. meston , mr. brewster , col. bennet , serjeant wilde , mr. goodwin , mr. lechmore , col. ingoldesby , mr. blagrave , mr. gold , col. sydenham , col. byngham , col. ayre , mr. smith , augustine skinner , mr. down , mr. dove , iohn lenthal , rich. salaway , iohn corbet , col. walton ; there being 300. members more of the old parliament yet living , besides those who are dead . 2ly . those then sitting went in openlie like a house , upon 40 daies general summons by writs , setting without gards , secluding none of their fellow . members by force . those now sitting stole sodenlie into the house , in a surreptitious manner , without any notice given to the people of the nation , or to those for whom they formerly served , or to the absent members , or those then in london , or westminster-hall , who were not of their combination : setting gards of army-officers at the door , ( who conducted them thither , ) and presently secluded mr. prynne , and the other members who upon the first notice of their sitting came to know upon what account they sate : taking forcible possession with souldiers , and strong hand of the commons house , and keeping themselves in possession thereof by force against the secluded members & majority of the house , contrary to the statutes of 5 r. 2. c. 7.15 r. 2. c. 2. 8 h. 6. c. 9.31 eliz c. 11. against forcible entries and deteiners ; the statute of 7 e. 1. the libertie , privilege , rights , and usage of parliaments : a practice utterlie unseeming such transcendent saints , patriots of publick liberty , as they boast themselves , & that honor , justice , honestie , synceritie , gravity , wisedom , which becomes all members of a parliament , and reformers of all publick grievances , frauds , and indirect practises in others . 3ly . that old house of commons had a special care of providing for the kings armie , his urgent and present occasions : professed themselves his loyal subjects , and him to be their king and soveraign lord ; humblie besought his most excellent majesty , that it might be declared and enacted by him , that this parliament might not be dissolved , prorogued , or adjourned ; but by act of parliament ; acknowledging they could make no such act without his majesties royal assent , and that both the king and lords house were essential members of the parliament within this act. but those fitting since 1648. till 1653. and now again thus entring the house , by pretext of this act , have renounced , abjured , and professedlie engaged against all this , to which they are direct antipodes ; therefore no commons house within this act. 4ly . the commons house within this act , was that house which was then in being when this act passed , dulie elected by the people by the kings writs , not the armie-officers , and pursued the self-same ends recited in the preamble , for which this act was made and assented to by the king and lords . but this new house was created , constituted , not by the kings writs , or peoples election , but the armies swords , and conspiracie , 7 years after this act first passed ; then disowned , and turned out of doors above 6 years by the army ; and now re-inducted into it by their armed votes and force to serve their ends , not to pursue those mentioned in the act , accomplished many years since , and now becoming impossible . therefore they are not so much as an house of commons within this act , and the armie-officers and souldiers who formerly thrust them out , & now recall them ; may do well to consider that gospel-text , gal. 2.18 . if i build again the thing i destroyed , i make my self a transgressor , even against this very law , as well as the law of god , and other laws of the land. xi . if they are not so much as a commons house of parliament , much less then are they the lawfull parliament of england , in anie sense within the letter or meaning of this act , no more than so manie of the old gunpowder popish-traitors , ( had their treason taken so good effect in blowing up king iames , the lords whole house , and majoritie of the commons house there assembled , as their late new powder-plot hath done ) had been the onlie lawfull parliament of 3 iac. they destroyed , in case they had entred then into the commons house with the mace before them , and created , stiled themselves alone the parliament of england , as a right devolved unto them by conquest or succession ; which had they presumed to do , no doubt the whole english nation * would have risen up against them as one man , and never have so far dishonored themselves , their religion , or countrie , as to own and submit to those jesuitical romish-traitors , only for destroying of their lawfull king , lords house , and english parliament it self , as the onlie true old english parliament then re-assembled . the reasons are unanswerable . 1. because the whole house of commons then sitting in its primitive splendor , fullnesse , freedome , was by its own quadruple acknowledgement in it , no more but the commons house , and one member of this parliament , not the parliament it self ; never owning , but professedlie disclaiming it self to be the parliament , or present parliament within this act. 2 ly . because this act was made not by the commons alone without the king or lords concurrence , but by the king as their soveraign lord , declaring and enacting , and the lords and commons , as jointlie assenting thereunto . 3 ly . because it is most absurd to conceive , that the king and lords by passing this act , to continue this parliament as then constituted , till dissolved by act of parliament , did * ever intend to seclude themselves quite out of it , or to make the commons house alone an absolute independent parliament , without both or either of them ; though five times speciallie providing by name for their parliamentarie interests ; or that they or the commons intended to make each of themselves a distinct parliament without the other , and so to erect three new parliaments at once , by providing against the untimelie proroguing , adjourning , or dissolving of one ; the king and lord● both jointlie and severallie having the self-same arguments from this act to prove each of them a several or joint parliament without the commons , by the commons own intention in passing this law , as the commons have to justifie themselves to be a parliament , now they have secluded and engaged against them both , and will admit of neither as members of their parliament , when as this verie act preciselie prohibits the king to dissolve , prorogue , or adjourn the parliament , or either house therof ; or the lords to prorogue or adjourn , much less dissolve the commons house , or the commons to prorogue or adjourn , much lesse dissolve the lords house , declaring and enacting , that at any time or times during the continuance of this parliament , the lords house shall not be adjourned ( nor yet the commons house ) but onlie by their own respective orders , and by themselves alone , declaring , enacting everie thing and things whatsoever done , or to be done to the contrarie , to be utterly void and of none effect , 4 ly . because this act both in the title , prologue and body , prevents onlie the untimely proroguing , adjourning , and dissolving of this present parliament at any time or times during the continuance of it , but by act of parliament or themselves , stiling it 8. several times , this present parliament , and giving it no other title , yea it preciselie describes it to be , a parliament onlie of king , lords , and commons , as it was when this act was made , and so to continue till its dissolution . but the parliament now sitting , was not this present parliament , being not then known , heard of , nor imagined ever to start up in after-ages , by any who made or consented to this law , it being created onlie by the armie 7 years after this act , and now revived full 18 years after it , without anie king or house of lords , and protesting , engaging against them both as no members of it . neither can they pursue any one of those ends for which this parliament was continued . therefore they are doubtlesse beyond dispute , no parliament at all within the words or intention thereof , their own consciences , reason being judges , ( whatever they pretend ) nor yet by their own republican principles , a free and equal representative of the people . 6 ly . by the a law and custom of all nations , nature , reason , justice , equitie , the laws of england , and of all publick or private ecclesiastical , civil , or militarie councils or corporations , the majority of persons , members , voyces , votes , are alwayes reputed the parliament , council , synod , corporation , and do , yea ought of right to bind the lesser part , as well in making laws , ordinances , as elections , and all else that concerns the publick . yea the general and general counsel of the army-officers in their petition to those and others now sitting in parliament , and draught of an agreement of the people for a secure and present peace , framed , prepared , and presented to them , to be established and subscribed by the people , ianuary 20. 1649. not onlie subscribed thereto : but proposed , b that 150 members at least be alwayes present in each sitting of the representative , at the passing of any law , or doing of any act whereby the people are to be bound , saving that the number of sixty may make the house for debates or resolutions that are preparatory thereunto . therefore the 42 members secretlie skipping into the house , secluding the rest , may 7 , & 9. being not the 10th part of the members of the old parl. now surviving , by all nations laws , consents , can be no parliament , nor house of commons within this act ; nor pass anie thing to bind the majoritie of the members or people in anie kind whatsoever ; what ever anie imprudent , illiterate , shameless , namelesse scriblers , or themselves ( against their own reasons , * consciences , iudgements , principles , resolutions ) pretend to the contrarie : but dare not once affirm in good earnest . it being a received maxime in all ages c populi minor pars populum non obligit . 6 ly . it is a rule our d lawbooks , that all statutes ought to be interpreted according to reason , and the true mind , meaning , intention of those that made them : but it is most certain , that it is against all reason , and the true intents , minds , meaning of the makers of this law , to make a parliament without a king , or house of lords , or majoritie of the commons house : or that all or anie of them , when they made this act , did ever dream of such a iuncto as this now sitting ; or to seclude themselves , and resign up their own interests , freedoms , privileges , right of sitting in parliament with them , to constitute them the onlie parliament of england , as everie line , syllable throughout the act demonstrates . therefore they neither are nor can be a parliament within it , neither can the bedlam , turkish , bruitish , unreasonable argument of the longest sword , or armie-logick , nor the petitions , addresses of any crack-brain'd sectaries , and vulgar rabble of inconfiderable illiterate people , nor the presence of anie lawyers sitting with , or acting under them as a parliament , to their own and their professions dishonour , make them so in their own , or any wisemens , or iudicious , honest lawyers iudgement whatsoever . and therefore out of conscience , shame , justice , prudence , and real christianitie , ( have they anie left ) they must needs disclaim themselves to be a parliament , and no longer abuse the nation , or others under their disguise . all whith mr. prynne , if admitted would viva voce have pressed home upon them , but being forcibly secluded by their gards , because unable to answer or contradict his law or reason , he now tenders to their view , and the judgement , resolution of the whole english nation , to whom he appeals , with this publick protestation . that if they will freely call in all the surviving members of the lords and commons house , sitting till december 1648. without secluding anie by force , or new unparliamentarie impositions or seclusive engagements , which they have no power to impose : if they upon a free and full debate shall resolve , the old parliament to be still in being , and not actually dissolved by the kings beheading , notwithstanding his premised reasons to the contrarie ; he will then submit his private iudgement to their majority of voyces in this , as well as in all other parliamentary debates , and contribute his best assistance and advice as a fellow-member , to heal the manifold breaches , prevent the approaching ruines of our indangered church , realms , parliaments , laws , liberties , peace , and establish them upon better foundations than those now sitting ( to promote their own and the armies interests rather than the peoples or nations ) are ever likely to lay . who if they can prove themselves a true and lawfull english parliament within this act , without either king or house of lords , or this their clandestine , forcible entry into and seclusion of their fellow-members out of the honse , and actings in it to be lawfull , equitable , righteous , honorable , parliamentarie , christian , and such as well becomes either saints , members , or true good englishmen , by anie records , parliament rolls , acts , presidents of like kind in former ages , law-books , customes , common or civil-law , scripture , divinitie , reason , ethicks , policks ( except machiavils , and the sole argument of the longest sword , the most bruitish , unjust , unchristian , turkish of all others ) mr. prynne will then publicklie declare them to be that in truth , which as yet he neither can nor dares to acknowledge them to be so much as in appellation , either a member of the old parliament , a covenanter , a protester , a lawyer , a scholar , a man , an englishman or a christian. and hopes , that upon the perusal hereof they will as much disown themselves to be the parliament within this act , or anie lawfull parliament of england even in their judgments , consciences , much more in actings , for the premised reasons , as he or anie other secluded members do ; not out of anie spirit of contradiction , but conscience , and common dutie to themselves , and their native country . that which principallie elevated , yea inflamed mr. prynnes zeal , both now and heretofore , with all his might to oppose all late publick innovations , changes of our antient government , parliaments , laws , was this sad and serious consideration , which he shall with all earnest importunitie intreat , advise all army officers , souldiers , sitting or secluded members of the lords or commons house , with all well-affected persons to the safetie , settlement of our religion , church , state , throughout our three nations , most seriouslie to lay to heart , and engrave upon their spirits , not to read it as they do news-books , ( only to talk of them for a day or two ) but as they read the evidences of their inheritances , whereby they hold all their earthlie ( yea heavenly ) possessions , that they may remember , act according to it all their lives : that william watson ( a secular priest of rome ) in his dialogue between a secular priest and a lay gentleman , printed at rhemes , 1601. in his a quodlibets , printed 1602 and william clerk a secular priest , in his answer to father parsons libel , 1604. p. 75. &c. ( then best acquainted with the iesuites designs against england of all others ) did in precise terms publish to the english nation , in these their printed books , a that father parsons the english iesuite , ( the most active professed enemie to our english kingship , kings realm , church , religion ) & his confederate iesuitical society , did ( so long since ) give out and prophesied , that they have it by revelation , and special command from god , that their order and society was miraculously instituted for this end , to work a dismal change amongst us , wherein all laws , customes , and orders must be altered , and all things turned upside down : and that they being the only men who have the name , title , and authority of iesus , by them it is , that this marvelous change and alteration shall be wrought , in such sort as from the beginning of the world was the like never heard of before to this present . b that this iesuite father parsons in his book of the reformation of all the states of england , as he b prescribes a reformation of the prince , court , counsellors , noblemen , bishops , prelates , pastors , universities , lawyers , and laws , in all which he will have strange metamorphoses , so he will have the court of parliament it self brought to better order , to effect all these dismal changes . that the way whereby he & they intended to bring about all these changes was , to bring all england into an uprore ; for common souldiers to examine their soveraigns what titles they hold by , and by infusing this their iesuitical principle into the souldiers and people , that every pecope or tartarian multitud● , getting once the title and stile of a publick state , or helvetian common wealth , may alter , change , innovate the course , inheritance , and succession of the crown and lands under them , to make the island a iaponian island of iesuites , and infeoff themselves by hook or crook in the whole imperial dominion of great britain , putting all the whole blood-royal of england to the formidon , as but heirs general in one predicament . for their better accomplishment whereof this william watson subjoyns his own opinion in these words c i verilie think that all the puritans and anabaptists will joyn with the iesuites , ( to effect these changes ) at length , how far soever they seem to be , and yet are , in external profession of religion : there being at least half an hundred principles and odde tricks concerning government , authority , tyranny , popularity , conspiracy , &c. wherein they jump as just together as if both were made of one mould ; but when they shall thus joyn together , he predicts ; that the iesuites having more singular fine wits amongst them , and manie learned men on their side , whereas the puritans and anabaptis●s have none but grossum caputs , the iesuites manie gentiles , nobles , and some princes to side with them ; the puritans but few of the first , rare , to have anie of the second , and none of the last on their side : by consequence , if matters come to hammering between the iesuites and puritans , the latter are sure to be ridden like fools , and come to wrack . he superaddes to this , d that father parsons and his companie have laid a plot , as most consonant and fitting for their other designments , that the common law of the realm of england must be ( forsooth ) utterly abolished , or else bear no greater sway in the realm than the civil law doth . and the chief reason is , for that the state of the crown and kingdome by the common laws is so strongly setled , as whilst they continue , the iesuites see nor how they can work their wills . secondly , the said good father hath set down a course ; how every man may shake off all authority at their pleasures , as if he would become a new anabaptist or iohn of leydon , to draw all the world into a mutiny , rebellion , and combustion . and the stratagem is , how the common people ( and souldiers ) must be inveigled and seduced , to conceit to themselves such a liberty or prerogative , as that it may be lawfull for them , when they think fit , to place and displace kings and princes , as men do their tenants at will , hirelings , or ordinary servants . which anabaptistical and abominable doctrine , proceeding from a turbulent tribe of trayterous puritans and other hereticks , this treacherous iesuite would now foist into the chatholick church , as a ground of his corrupt divinitie . mr. prynne having some year since diligently observed all these passages , with sundrie others of this nature , in those secular priest-books , and comparing them with campanella de monarchia hyspanica , c. 25. 27. & cardinal e richlieues instructions forecited ; having likewise read in the iesuites own printed books , f that they had no lesse than 931 colleges and seminaries of iesuites erected in several parts of the world , within the space of 120 years , and no fewer than 15 colleges and seminaries in provincia anglicana , in the english province in the year 1640. wherein they had 267. socii societatis , g fellows of their own societie , besides novices , and 4 colleges more of english iesuites beyond the seas , and no less than eight colleges of irish , and several residenciaries of scotish iesuites in ireland , scotland , and other places : and being assured by the publick speeches of oliver cromwell himself , first to an assemblie of divines and others at whitehall 1653. and after to his new modelled parliament at westminster , september 4. 1654. published in print , p. 16 , 17. that he knew verie well that emissaries of the iesuites never came over in such swarms as they have done since our late wars and changes were on foot , and that divers gentlemen can bear witness with him , that they have a consistory and counsel that rules all the affairs of the things of england ; and had fixed in england in the circuit of most cathedrals , ( of which he was able to produce the particular instrument ) an episcopal power , with archdeacons , and other persons to pervert and seduce the people . and being most certainlie informed , that the h arch-iesuite sir toby mathew , though banished by both houses , sir i kenelme digby , a jesuited papist , ( whose father had a chief hand in the old gunpowder treason , and was himself particularlie imployed to rome by the queen to procure men and monies from the pope against the parliament , where he expected to receive a cardinals cap , ) k sir iohn winter a person excepted from pardon , mr. walter mountague ( two notorious jesuited papists , who l conspired with the popes nuncio and college of jesuites , in longacre to destroy the king , and alter the government of the kingdome if he refused to turn roman catholick , and repeal all laws against romish priests , iesuites , papists , and for that very end raised the first scotish wars , and ( which is most observable ) that orelly the popes own nuncio in ireland , who promoted the late horrid irish rebellion and massacre of the protestants , sate president in the general counsel of the popish rebels there for several years , m to carry on that rebellion ; came all over into england , walked openly in the streets and vvestminster hall , when the king was brought to his tryal , and executed by their and other iesuites instigation , and our old kingdom metamorphosed into a new common-wealth ; that n owen ro oneal , and all the irish rebels under him , by orellies perswasion , entred into an offensive and defensive league with the new-republicans against marquesse ormond , the lord inchequin , and protestant party in ireland , who declared for monarchy , & the kings title , against their republick . and being withall assured by sundry persons of credit , that there were many iesuites under the habit of o souldiers , listed in the army , and others of them under the disguise of physicians , apothecaries , travellers , captains , merchants , factors , tradesmen , anabaptists , ranters , seekers , quakers , and other sectaries , dispersed throughout all places , to carry on and accomplish tho●● dismal changes , so long since predicted , projected by father parsons and the iesuites . yea , being further assured , by an eminent divine and others more than once , from the mouth of a noble english lord , returning from rome about 4 years since , that the provincial of the english jesuites , when he went to see their college in rome , assured him , they had then above fifteen hundred of their society of iesuites in england , able to work in several professions and trades , which they had there taken upon them , the better to support , and secure themselves from being discovered , and infuse their principles into the vulgar people . that the p great anabaptist , styled , the administrator of hexam near newcastle , in the north , since removed to colchester , was lately a papist ( if not ) a priest or iesuite ; that ramsey the scotish iesuite was purposely sent ouer into england by the pope & iesuites an. 1653. under the notion of a iew , to infuse new notions into the anabaptists & side with them , who therupon addressed himself to paul hobson the anabaptist , a grand army-preacher , and this administrators congregation , where he made a publick profession , that he was a iew by birth , but was now thorowly converted to the christian religion by their instruction , with a publick confession of his faith , which they printed , whereupon he was publickly dipped by this administrator at hexam , and received as a member into their anabaptistical church , who much gloried in it , till within few weeks after , he was by the maior and ministers of newcastle clearly discovered , to be a grosse impostor , yea a scotish iesuite , and sent up by them to london ; where after some restraint he was enlarged without any punishment , and not long since , twice boldly entred into the university schools at cambridge , desiring conference with mr. smith the hebrew lecturer there , with whom he discoursed in hebrew ; professing himself , to be soul and body for the catholick church of rome : that q eleazer ben-isaiah , and his brother ioseph , 2. grand jesuitical impostors , at the self-same time under the notion of converted iews , were dipped by the anabaptists ; maintaining dipping , not sprinkling to be the only baptisme of iesus christ , and the anabaptists to be the only strong and glorious christians , in their printed book , dedicated unto our new republican parliament & counsel of state , 1653. which mr. pr. ( soon after his inlargement frō pendennys castle ) meeting with , discovered them to be gross impostors , one of them a trooper in p. ruports army ; who after a collection made for him ( as a converted iew ) at dursty in glostershire , by mr. woodward on the lords day , drank sive jugges of bear , with sundry pipes of tobacco , whereby to digest his lords day supper , and disgorge his sermons : then locking his chamber door in the inne , he ran to the maid he had sent to warm his bed , and attempted to ravish her ; wherupon the crying out , & the boy of the house ( being about 11 a block at night ) endevouring to raise the neighbors , he therupon fled from thence , ( since which mr. prynne heard no more tydings of him . ) and having ●ince that most clearly discovered to the whole nation ( in his books , intituled , the quakers vnmasked , and new discovery of romish emissaries , printed . 1655. and 1656. ) that the franciscan freers and iesuites were the first erectors of our new sect of quakers , ( ignatius loyola the jesuites founder , being first a souldier , then a quaker , next a speaker , last of all a professed iesuit ; as his disciples now are , first iesuites , then quakers , speakers , souldiers before or after ; ) that maurice conry an irish franciscan , late provincial of the english franciscan fryers , ( having 15 extraordinary faculties granted him to exercise here in england ; as to absolve all hereticks in england , of what nation soever ; to admit men into his order ; to dispence with oaths , with saying canonical hours , the ceremonies of the mass , for keeping heritical books , and other particulars which might discover any of them to be freers , or papists : to authorize , print what books he allowed ; concealing both the name of the author , printer , place , non obstante consilio tridentino : ) came over into england , under the disguise of a spanish captain , having sundry pasports from the king of spains officers in the low countries , to raise men for his service in england and ireland , where he continued during the regency of our republicans ; after which in the year 1653. he procured a pass and protection to all officers by sea and land under ol. cromwels own hand and seal , to pass and repass about his occa●ions to and from ireland ; all which were taken about him in bristol , 20 november 1655. and the very originals under seal brought to mr. prynne ; who published some of them in print ; yet after near two years imprisonment at bristol , upon a habeas corpus brought by conry , he was turned over prisoner to newgate , to be tryed as a popish priest , and let go thence ( by direction as was conceived ) before the sessions , and never enquired after since . mr. prynne discovering all this and much more , and being most fully assured , that all the rebellions in the army since 1646. against the king , parliament , members , and all the late changes , revolutions of our government ever ●ince , proceeded originally from the jesuites , and romish agents powerfull influences upon the seduced army-offieers , souldiers , sectaries , and republican members . and long since taking special notice , that during the armies & republicans proceedings against the king , & in hammering out their new common-wealth ; all the most eminent , zealous , religious members of the commons house , most opposite to jesuites , papists , popery , were totally secluded , secured by the army ; and their votes , protestations , advices , with the addresses , disswasions of all the godly ministers of london and other parts , yea ( * vvilliam sedgwicks , their own chaplains , ) totally rejected with highest contempt ; and the counsels of the most desperate jesuites , and popish agents ( flocking to london from all forein parts , and walking freely in the streets whiles the members were under strictest restraints ) vigorously pursued : so all their subsequent actions demonstrated to him and all considerate protestants , whose creature their new republick originally was , and for whose service it was created , as these memorable particulars evidence . a 1. they did quite set aside all those 5. against●esuites ●esuites , seminary priests , popish recusants , and the exercise of any t●eir romish superstitions in any place within our realms , which the secluded members , and army-officers too at first , eagerly pursued ; and the king in the treaty of the isle of vvight assented to at the first without any scruple : for which the iesuites in france , at a general meeting there , presently resolved to bring him to iustice , and take off his head by the power of their friends in the army ; as the king himself was certified by an express from thence , and wished to provide against it , but two dayes before his removal by the army from the isle of vvight , in order to his execution . 2ly . they b totally set aside and repealed by express votes and printed knacks , the very oaths of supremacy and allegiance , as unlawfull oaths , which themselves took and ought to take before they sate or could sit as members in the commons house ; by the statutes of 5 el. c. 2. & 7 iac. c. 6. which oaths were specially made ( by the great wisedom , care and piety of our protestant parliaments , purposely to detect the persons , and prevent the plots , conspiracies , assasinations , treasons , vsurpations , and new gun-powder plots of the romish iesuites , popish priests , papists , and their instruments , against the lives , crowns , prerogatives of our protestant kings , princes , their royal posterity , realms , parliaments , our protestant church and religion , as the statutes of 1 eliz. c. 1. 5 eliz. c. 1. 3 iac. c. 4. 7 iac. c. 6. and other acts , with king iames his apology for the oath of allegiance , and sundry learned treatises in defence of these oaths , declare at large : which oaths were c refused , opposed only by the most iesuited and desperate papists ▪ , at home and abroad : but approved by the moderatest and loyallest priests and d lay-papists who writ in justification of them ; and repealed to their greatest joy and advantage , by our jesuitized zealous republicans . 3ly . they discharged , absolved themselves , and all other members , subjects , officers , who had taken these oaths ( as most had frequently done ) from the future observation of them , and of their solemn protestation , e vow , league , national covenant , made in pursuance of them ; contrary to this expresse clause in the oath of allegiance , f i do believe , and in conscience am resolved , that neither the pope , nor any person whatsoever , hath power to absolve me of this oath , or any part thereof , which i acknowledge by good and full authority to be lawfully administred to me , and do renounce all pardons and dispensations to the contrary . and all these things i do plainly and sincerely acknowledge and swear , according to the expresse words by me spoken , and plain and common sense of the said words , without any equivocation or mental reservation , and i do make this recognition and acknowledgement , heartily , willingly , and truly , upon the faith of a christian. yet these faithlesse republicans , who took this oath as members , ( and several times else upon other occasions ) thus atheistically , like so many absolute popes , against all g laws of nations , nature , absolved themselves and all others from it , and set it , with the oath of supremacy , covenant , protestation , quite aside like old almanacks out of date . 4ly . not content herewith , they h imposed a new engagement , diametrically contrary to these oaths , the protestation , vow , solemn league and covenant , which every one must subscribe with his hand , to be true and faithfull to their new common-wealth as established by them , without a king or house of lords , putting all english freemen whatsoever into a new praemunire , upon a bare suggestion only before proof or conviction , and disabling them to sue in any court of their republick , or to receive or enjoy any degree , office , augmentation , or preferment whatsoever spiritual , ecclesiastical , civil , or military , or sit as members then ( and now again ) unless they would publickly subscribe it : which engagement thousands of our godly protestant ministers , gentry , freemen refusing to subscribe , were thereupon barred of their actions , executions , iudgements to recover their just debts , rights , inheritances , goods , offices ; denyed their degrees of learning , ejected out of their benefices , headships , fellowships , vice-chancelorships , augmentations , offices , freeholds , callings , against all rules of law , conscience , iustice , equity , religion , the fundamental laws and liberties of the land , their native birth-rights , after all their conte●●s , wats , contributions , prayers , fasts , endeavours for their defence : and all by these free-state-men . a tyranny , treachery , perjury , apostacy , transcending any since the creation , yet most eagerly pursued by them all their reign , to the utter ruine of many consciencious , honest protestants , and great rejoycing of all iesuites and popish enemies both at home and abroad . 5ly . the very first act of iustice they did , by the first commission of the peace they passed under their new republican great seal for middlesex , at the first sessions held under them at hix-hall , febr. 1628. was the enlarging of a dangerous iesuite , and another old seducing papist , formerly imprisoned in the new prison : the only acts done in this first session , as those present then informed mr. prynne with much regret : which was seconded with the subsequent enlargement of other iesuites , priests , papists , elsewhere imprisoned : whereas on the contrary they shut up sir william waller , sir will. lewes , sir iohn clotwo●thy , major general brown , comissary cop●y , mr. prynne , mr. clement walker close prisoners in sundry remote castles divers years together , without any cause expressed , and mr. gewen with other members , several monthes , and sundry godly ministers , protestants of all sorts throughout the land , as well paliamenteers , as former cavaliers ; yea beheaded mr. love , an eminent protestant minister , and other protestants , but not one papist in their illegal high-courts of justice , erected by them ▪ against all our laws , whiles these romish locusts were thus enlarged , unprosecuted , and had free liberty to wander up and down our three nations , and act what they pleased to work out kingdoms , churches , and religions ruine . 6ly . the first who publikely owned them for a common-wealth , congratulated this their glorious change , atchievement , and ent●ed into a league with them , was the most catholick k. of spain , the popes , iesuites , chief patron and propagator of their catholick faith and designs : whose interests they prosecuted during all their republican domination . 7ly . they entted into a bloodie invasive war against their brethren of scotland onlie for owning their rightfull soveraign king charles , after his fathers beheading , according to their laws , oathes , duties , and solemn league and covenant ; invaded their ▪ country without any provocaion , slew many thousands of them with furie and cruelty in the field ; starved , destroyed hundreds of them taken prisoners by them , and sold others of them into forein plantations for slaves ; imprisoned , sequestred , banished most of their zealous godly protestant ministers , nobles , gentry ; took all their cities , castles , forts , amunition , arms , conquered , inthralled their whole kingdom , put them under intollerable taxes , tributes , and iron-yokes of armed governors , garrisons still continued amongst them to our cost ▪ destroyed their presbyterial and civil government ; and for an everlasting monument of this their barbarous unbrotherly kindnesse , and gratitude towards them for their former assistances , not only kept solemn publick thanksgiving-dayes throughout their republicke for their slaughters of and victories over them , but hanged up all their ensigns in westminster hall , and transported all their records close prisoners to the tower of london , where they yet continue . 8ly . they instigated the dutch to set aside the prince of orange his family , and put them out of the superiour commands , places of trust , they formerly merited and enjoyed , out of malice to the beheaded kings progeny ; mutined the states against each other , and then entred into a most costly , bloody , dangerous , unchristian war with those our old protestant friends and allyes , continuing all their regency , to the losse of many thousands of gallant protestants lives , the ruine of sundry familyes , the great weakning , impoverishing of both nations , the scandal , detriment of the protestant religion , the griefs of all forein protestant churches , the great joy and advantage of both our prosessed popish adversaries , and king of spain especially ; who long since designed both our ruines , by these very practises , prescribed to him by campanella in direct words , as those who please may read at large , in his book de monarchia hispanica , c. 25. & 27. 9ly . they freely permitted ( if not encouraged ) all their republican government , k diurnallists in their news-books , and those scurrilous , grosse impostors , lilly , culpepper , and other prognosticators in their almanacks , besides sundry other scriblers insufferably to revile and rayle against our oxthodox , godly , protestant ministers , especially presbyterians , to prophecy their downfull extirpation , execution , banishment , the utter ruine of them , their tithes , glebes , presbytery , to incense both souldiers and people to disown their ministry , detain their tithes , revile , abuse their persons , as being worse than any priests , iesuites , and greater enemies , traytors to their republick than they , ( who readily complyed with it as a child of their own begetting . ) xly. they permitted many thousands of popish primers and other books to be freely imported , and above thirty thousand popish and atheistical pamphlets of all sorts , against our church , religion , ministers , to be printed and vended in england without controll , as the london-stationers ( moved out of conscience ) declared and published to them in their beacon fired 1652. and scintilla , which book was presently answered by the beacon quenched , subscribed by colonel pride ( the new faux ) and other army-officers , ( though writ by a iesuite as mr. prynne was credibly informed ) and presented to those then sitting at westminster , erecting them against the stationers and their beacon fired , as a new gunpowder-plot , to blow up the army , parliament , and new common wealth , though a true , honest , harmlesse , pious , timely discovery of the papists and iesuites designs to blow up our religion , church , ministry , amongst other popish books then printed , v mr. prynne met with one as far as pendennis castle in folio , inittuled , the holy court , written by edmund causin a iesuite , translated into english by iesuites , dedicated to our queen mary , and the dutchesse of buckingham , printed in london by william bentley , 1650. and sold by iohn williams in pauls church-yard , as the title page attests , having the iesuits badge , and s. i. ( societatis iesu ) in capitals printed in its front . in which folio book ( consisting of divers tomes ) tom. 1. p. 30 to 38.63 , 64 , 68 , 74 ▪ 75. tom. 2. p. 168. tom. 3.425 to 430 , 461 , 462. tom 5.173 , 174.304 to 319. and other pages , the popes supremacy , prayer to saints and angels , purgatory , masse , transubstantiation , and all other points of grossest popery were not only maintained , assered , but our very protestant religion branded for heresy , our late queen elizabeth , our ministers and all other professors of it reviled , censured for damnable heretiques , as mr. prynne then observed . 11ly . themselves in divers of their printed declarations , knacks , and their instruments in sundry books , ( as iohn goodwin , markham , needham , melton , and others , ) justified , maintained , the very highest , worst , treasonablest , execrablest , of all popish and jesuitical , unchristian tenents ▪ practise● , treasons , as the murdering of christian protestant kings , ( under the notion of tyrants ) the blowing up of parliaments , the subverting of kingdoms , the altering of all setled laws , governments , the forcible usurpation of others crowns , honors , officers , estates , without right or title , by force , murder , treachery , the breach of , dispensation with , absolution from all sacred oaths , leagues , covenants , promises , contra●●s , rebellion , against all lawfull superiours , and the open violation of the 5 , 6 , 8 , 9 & 10. moral commands of god himself , under the pretences of publick iustice , necessity , self-preservation , reformation , religion , publick good , safety , advancement of the gospel and kingdom of iesus christ , repayed with their own ejection . 12ly they closed in an offensive and defensive league with owen ro oncal , and the popish irish bloody rebels , against marquesse ormond , inchequin , and the protestant party there who had been the parliaments chief generals and officers , against the rebels ; in opposition to monarchy ; and when ( to couler the odium of it ) col. monke was questioned in the house for making this league with them , as done without their privity ; and one of them moved , that he might be committed for it to the tower ; that famous saint henry martin , stood up and retorted , that he desired the tower might be rather committed unto him for this good service : what high places of trust by sea and land he hath been advanced to since for this service , is very well known ; whereas marquesse ormond , the lord inchequin , and other protestants in ireland , who faithfully served the parliament against the irish rebels , and bare the brunt of the first wars against them , were yet the very first persons excepted in their printed catalogues , and news-books , from all manner of pardon or composition either for their lives or estates , and are quite stript of all their lands in ireland , out of odium unto monarchy , the kings posterity . and all this to advance the protestant religion and christs kingdom by and under their new jesuitical republick , the quite contrary way . these 12. particulars , like so many true , good , honest sworn grand-iury-men , impanelled by mr. prynne , out of mere zeal to his native countryes , church , religions preservation , will give in a true impartial verdict , whose proper child , our new commonwealth , whose instruments the guardians of it , but goalors of all our liberties under it , have been and now are again , and whose works they do . he shall subjoyn a few sad observations of like nature , during their infant republicks second wardship under their late protector , to promote the protestant cause and religion . 1. his making peace with the hollander after he had dismounted the republican grandees to set up himself in their places ; was in it self a christian , pious , prudent , and commendable act , beneficial to both nations . but if the principle motives of it were , a vast sum of mony from the dutch , put into his private purse ( as some report ; ) or a desire to ecclipse the honour , power of the prince of orange , their chief protector and his family ; to banish the late kings royal posterity , and adherents out of the netherlands , and leave them no subsistance , nor being there amongst protestants of our and their religion , to force them to seek new quarters amongst iesuites , papists , and cast themselves wholy on their charity , on purpose to pervert them in their religion , and destroy both their souls & bodies at once , which is visible and irre●ragable , they being all actually exiled thence by special articles upon the peace with the dutch. what protestant can think upon it but with horror , as the highest act of impiety , cruelty , barbarisme , injustice , uncharitablenesse , and malice ever yet recorded of any professors of christianity in the protestant religion . 2ly . his quarrelling with the king of spain , in hopes to gain his indian mines , and sending such a fleet , with so many thousand english protestants and souldiers thither , upon the bare project of n gage , a iesuited professed papist and spainiolized priest , who had lived there sundry years under the spanish king as a priest , ( all whose family and relations have been o desperate popish enemies to our religion . king , kingdoms ) with the disasterous successe and fruits thereof , to the expence of such vast sums of our own treasure , the loss of so manie thousand protestant souldiers , mariners , and undoing , endangering of our other american plantations ; if rightly weighed , was in truth rather a spanish and iesuitish plot to ruine us and our religion , than to advance them ; as mr. prynne at first reputed them , predicting the ill event before it happened . 3ly . his closing with france and the french-cardinal mazarine , upon the breach with spain , of purpose to banish poor distressed k. charles ( whom he drove out his 3 protestant kingdoms , banished out of holland : ( deprived of all charitable supplies or hopes of relief from either for his necessarie subsistance ; ) and banish his brother the duke of york who had a command & great repute in the french army , with all their dependents out of france too , that he might the more securely establish himself and his posterity in their hereditarie kingly power , dominions , and leave them no place to hide their heads in , ( the effect , and chief end of that peace ; ) and that in pursuit of cardinal richelieus * forementioned instructions to ruine our monarchy , kingdoms , and work his infernal designs against us , ) was such an inhumane , unchristian policy , as verie ill accords with our saviours expresse precepts , mat. 5.44 . &c. lu. 6.27 , &c. rom. 12.20 , 21. but i say unto you , love your enemies : therefore if thy enemie hunger feed him , if he thirst give him drink : be not overcome of evil , but overcome evil with goodnesse . and a president hardlie paralleld . ala● how shall the memorable heroick charity , generosity , pietie , justice , of our norman conqueror king william , ( censured by this new conqueror and his army saints , as the worst of tyrants in sundry pamphlets ; ) and of his sons , william rufus , and henry 1. towards edgar atheling heir to the english crown after the death of edward the confessor ( when hee took it from him by the sword , under pretext of p king edwards last will , and being next heir to him in blood , not as a conquerour by war : ) who though after his q oath of homage , fealty , and subjection to william , twice set up , as heir to the crown , by the english nobility in opposition to him , twice routed by him in the field , driven into scotland , and quite left destitute of forces , friends and supplyes to gain the crown ; yet upon his repair to him in normandy , without any precedent articles for his securitie , anno 1069. he not only pardoned his former insurrections , but r gave him a large gratuity , entertained and lodged him in his own court divers years , allowing him a pound of silver for his honourable maintenance everie day ( a great sum in that age : ) after which when he desired to go into apulia to the holie wars , s anno 1089. he furnished him with many ships and 200 souldiers : whence he returning after the losse of robert his chief commander and best men , though the emperours of greece and germany whom he visited in his recesse thence , honourably received , and profered to entertain and maintain him in their courts according to the greatnesse of his birth all his life time ; t yet he contemning to their proffers , out of a desire to enjoy his native country , returned into england , where he was courteously entertained by william the conqueror as before , till his death . after which edgar fiding with robert duke of normandy his eldest son , against william rufus the younger : he thereupon anno 1091. deprived him of all the honours conferred on him by robert , and banished him out of normandy into scotland : but afterwards upon the accord between the 2 brothers touching the crown , and peace with scotland , he was reconciled to king rufus , and returned into england , where he lived securely without the least restraint ; and was in so great favour with rufus , u that in the year 1097. he sent him as general into scotland with an army to restore his nephew edgar son of malcomb ( who maried edgars sister ) to the crown , which his uncle dufnald had invaded after malcombs death , to expell dufnald , and make edgar king. which having effected , he returning again into england , lived there quietly without the least danger or restraint all rufus his reign , and some years under * king henry the first , betaking himself in his old age to a retired private country life , and dyed in peace , as our historians then living record . oh that there were the like charitie , ingenuity , christianitie , piety in the saints of this iron age , against whom these 3. first norman kings shall rise up and condemn in the day of judgment , when christ himself will pronounce this heavy sentence against them for all their pretended saint ship : * depart ye cursed into everlasting fire prepared for the divel and his angels , for i was an hungred and you gave me no meat , i was thirsty and you gave me no drink , ( no * not out of my large hereditarie revenues of three kingdoms , you have forcibly invaded against your oaths ; ) i was a stranger and you took me not in , ( no not into my own protestant realm , court , out of which you thrust me by violence , neither would you permit those of holland and france , where i was a stranger to take me in , but inforced them to banish and cast me out after their former entertainment of me as a stranger , ) i was naked , but ye cloathed me not , ( but stripped me and mine stark naked out of our inheritances , wardrobes , and all we had , ) sick and in prison , ( into which you cast both me and mine ) and you visited me not , yea made it high treason for any to do it , or so much as to pray for me in this my distressed condition , notwithstanding gods own evangelical precepts to the contrary , 1 tim. 2.1 , 3. 1 pet. 2.17 . acts 10.5 , 12. 2 cor. 1.9 , 10 , 11 , 2 thes. 3.1 , 2. rom. 15.30 , 31 , 32. if the most righteous and charitable saints shall * scarcely be saved in this great day , o where shall these ungodly , unrighteous , uncharitable , and transcendently malicious sinners ( not saints ) appear ? o that they would sadlie consider it and repent thereof , as the onlie means to avoid this fatal doom of christ at the last day . this truth they cannot , dare not deny with their tongues , but they contradict it by their lives , ' non contradicunt lingua sed vita . moneo , rapit ; doceo , rapit ; praecipio rapit , arguo , rapit . quomodo non contradixit ? si ergo in ignem aeternum ibit , cui dicturus est christus nudus fui , & non vestisti me : quem locum in igne aeterno habebit , cui dicturus est , vestitus fui & spoliasti me ? hic fortasse ut evadas hanc vocem , mutata consuetudine , cogitas spoliare paganum & vestire christianum . ad hoc respondebit tibi christus , immo respondet tibi nunc per servum qualemcunque ministrum suum : etiam hic parce damnis meis ; cum enim qui christianus es spolias paganum , impedis fieri christianum . etiam & hic fortasse respondebis : ideo spolio paganum , ut per hanc asperam & salubrem disciplinam faciam christianum . audirem & crederem , si quod abstulisti pagano , redderes christiano , &c. o that our harpyes and beasts of prey , ( who have obliterated the tenth commandement out of all their decalogues as the papist● have done the second ) would lay it close to heart , being saint augustines 21. sermon to them , as well as mr. prynnes : the rather , because the night before o. cromwell pro. died , mr. prynne then being at swainswick near bath ( having never dreamed of him before ) dreamt he was dangerously sick at bath , and that he then sent a special messenger to him importunatly desiring , he would presently repair to bath , for he was very sick , and desired much to speak with him : whereupon ( though he never saw him since 1647. ) he presently went to bath : where finding him lying on his bed , he told mr. p. he was very sick , and had sent for him to tell him what he should do in this condition . mr. prynne thereupon forthwith answered , that he could give him n● better nor other counsel than that of saint z augustine ( asserted by all divines as an undoubted truth ) non remittetur peccatum nist restituatur ablatum : that there was no remission of sin without full restitution of rapine : therefore he must forthwith restore the banished king to his * crown and kingdoms , of which he bad most unjustly deprived him ; the parliaments to its just rights , freedomes , and privileges , which he had utterly subverted ; and the people to their fundamental laws , liberties , properties , of which he had most unjustly and perfideously defrauded them more than any man , against his oaths , trust , duty , under pretext of defending them ; repent of all the blood he had shed . and mischief he had done ; then there was hope of mercy and pardon for him both from god and men , otherwise there was none at all for ought he knew . at which he standing mute , as much amazed , without any reply , mr. pr. thereupon departed , without more words ; and the next morning told this dream to his sister , and sundry others , telling them he was confident he should hear some strange news of cromwell very speedily , since he never dreamed of him before ; and within three daies after he heard of his death about 12. hours after his dream . o that all other usurpers of others estates , offices , lands , places , by bloud and rapine , would sadly consider of it , and make real restitution of them before they die ! then would our peace be soon restored without war or bloudshed : and their souls saved ; which else in all probability * will be damned , without real restitution when possible to be made . 4. his relieving , interceding for the massacred persecuted protestant albigenses in piedmont , charitable collections for them and others , was a christian work , worthy applause : but his giving just provocation to popish princes abroad , by the * jesuites instigation , to extirpate their religion , as a very seminary of treason , sedition , rebellion ; and to massacre , eradicate them as a company of traytors , antimonarchists , regicides , hypocrites , rebels , and seditious persons ; from his own and his confederates antimo●archical principles , practises , treasons , rebellions of this kinde , both against their king , parliament , monarchy , their confederated brethren of scotland and their king , as being all of one religion , perswasion ; his accommodating the king of spain with whole regiments of bloudie irish papists , who had embrewed their hands in so much protestant bloud in ireland , and were the chief instruments in murdering these poor protestants ; his negligence in examining the misimployment of this and other collections under him for distressed foreign protestants ; the greatest part of which are yet in the collectors hands , or diverted otherwise . was in truth but first to kill , wound , plunder ; and then relieve them when too late . 5. his confederacy with the king of sweden to invade the kingdom of poland , and usurp that crown by force , ( without right or colourable title , ) upon pretext to advance the protestant cause , relieve the protestant churches & propagat the gospel there ; had some specious shew of zeal to religion : but to doe apparent * evil , that good might come of it ; to ingage in such a war to propagat the gospel of peace , which ended in the total extirpation of all the protestants and their churches in poland , whence they are now totally extirpated , as himself related in his briefs , papers for their over-late relief : and produced a new bloudie warr ( wherein he also sided with him ) against the king of denmark , a protestant king , the marquess of brandenburgh , the dutch , and other our protestant allies , sadly divided against each other , in late bloudy battles by land & sea , to the endangering of all the protestant churches throughout the world , and engaging them all in a new warre , and our three nations ( in all probability ) against our protestant brethren , ( now the popish kings are reconciled , and ready to destroy us all ) being broken in pieces amongst our selves , impoverished , butchered by one another , rather like savage beasts , than men or christians ; and that in direct pursuance of a campanellaes , b richelieus , and c other iesuited plots , who expresly write : that the catholicks are to use all arts and means to divide the protestants , lutherans , calvinists , and sectaries one from and against each other , by various arts and means , and all occasions laid hold of for that purpose , that they may with more ease oppress , destroy them all ; and that they ought not to neglect the opportunity to accomplish their utter extirpation when their monies are exhausted , their forces weakned , and they divided by their intestine wars . the best means being thus to destroy them by themselves , till they ( like the kite in the fable ) shall devour the frog and mouse together , during their combats with each other ; was such a machiavilian policy to advance the protestant cause , as mazarine and the iesuites suggested to him on purpose to effect their ruine ; as all wise men , and his own creatures now over-late discern : and bedlam hugh peters in his letter to a great army-officer , the 10th of this instant may. 6. his endeavour to bring in the d iews with their synagogues and iewish ceremonies , under a pretended hopes of their long-desired conversion , but real intended expectation to finger two hundred thousand pounds of their gold at present , and all the rest in future when transplanted ; to set up their antichristian judaism , in direct contradiction to our saviour iesus christ ; and at the very self-same time , by his printed declaration 24 novemb. 1655. and private instructions to his new basha's ( or major generals ) to eject , silence at one blow ( without conviction , hearing , or the least legal proceeding ) many hundreds of ministers , schoolmasters , scholars of the late kings party ( though learned , orthodox , godly , pious , peaceable , formerly indemnified and admitted to exercise their functions ) and prohibit them any more to preach , marry , administer the sacrament , pray , teach school in any publike place , or private meeting of any other persons , than those of their own family , or in any gentlemens houses as chaplains or tutors to their children , under pain of 3 moneths imprisonment for the first , 6 moneths for the 2d . and perpetual banishment for the 3d offence : and to punish them as rogues and vagrants , if they wandred abroad to begg their bread , on purpose to starve both them , their wives , families , or enforce them to flie into forein popish realms , ( being excluded out of the netherlands ) and there turn papists to preserve their lives ; when all priests , jesuites , sectaries whatsoever , and jewes themselves had so much liberty under him ; was such a transcendent barbarism , impiety , and high way to extirpate our religion , ( as pious learned archbishop vsher told him when he mediated for their libertie , and could not prevail , as he told mr. prynne and others with tears , which brake his heart soon after ) as the pope , and iesuites themselves could not have invented the like ; and exceeded all forein persecutions against protestant ministers in piemont , bohemia , and silesia , by popish princes , being of a different religion , but he a pretended protestant zealot . 7. his extending not only his toleration but real protection to all sects whatsoever , except popery and prelacy , and passing the late bill 1657. ( put on by the presbyterians ) against papists , might savour of some disgust against those of the romish religion : but his extraordinary intimacy with cardinal mazarine , sir kenelm digby a most dangerous jesuited papist lodged by him in whitehall , ( a chief instrument of the union between him and mazarine , ) and sundry other papists , jesuites , popish priests : his suspending all penal lawes , executions against popish priests , jesuits , though sometimes taken in their pontificalibus at masse , and soon after released : his protections under hand and seal to sundry of them , particularly to maurice conry , provincial of the franciscans in england : their coming over in greater swarms of later times , than ever heretofore , without restraint , as himself * printed as well as declared in his publike speeches : his endevours to stop the late bill against papists the very morning he was to pass it , by his whitehall instruments , who moved its suspension for a time , as not suiting with present forein correspondencies ; ( against whom it was carried by 88. votes , that it should be carried up with the rest then passed : ) with the copy of his letter to card : mazarine , ( in many good hands , affirmed to bee real not counterfeit ) excusing his passing this bill , as carried on by a violent presbyterian party much against his will ; yet it should not hurt them though passed , &c. which accordingly fell out : the large expressions made to those of dunkirk in his name by their gov : lockert , to protect them in the full and free exercise of their romish religion as amply as ever the king of spain did : with other particulars of that nature : and his great incouraging of all sorts of sects headed , acted by disguised iesuits , priests , friers , as m. p. hath elswhere fully evidenced : are demonstrations beyond all exceptions ; what an advancer he was of the true prostestant cause and religion . 8. his undermining , subverting all our fundamental lawes , liberties , properties , ( and parliaments too ) in the highest degree , by his own and his army-officers , councils , new printed folio ordinances , instruments , taxes , excises , high courts of injustice , major generals commissions , instructions , proceedings , by committing sundry persons close prisoners ( some of them to forein islands ) without any cause expressed , legal trial or conviction divers moneths , years , by warrants under his own or his councils hands : his stopping returns of habeas corpora , when granted , or removing the prisoners to new remote prisons : his sei●ing , securing the persons , horses , arms of thousands , and banishing them from london time after time , upon meer forged plots , fears : his disbenching his own judges for not complying with his illegal will : his oft stiling magna charta , magna farta with highest indignation : committing 3. lawyers to the tower at once as traytors , for daring to argue an habeas corpus against his illegal commitment , and whitehall ordinance for excise in conyes case ( a president not to be paralleld : ) his prohibiting f all lawyers , sollicitors , iudges , and courts of iustice whatsoever under him , to plead , act , or admit any proceedings , or legal trial at law against his illegal ordinances and absolute commands , under pain of his highest indignation : his defrauding most patrons of their livings and lapsing them , ( by his own ordinances , instruments ) into his own hands , refusing their honestest , ablest clerks , without any cause assigned , and denying them the benefit of quare impedits after judgement given upon them by his own judges . all these are clear demonstrations to mr. p. beyond contradiction ; that our infant commonwealth both in its birth , growth , progress under its old guardians , and new protector , was but the iesuits , popes , spaniards , mazarines , and our popish enemies new creature , and instrument to ruine our protestant church , religion , king , kingdoms , laws , liberties : the very name of magna charta it self ( for which our ancestors heretofore spent so much bloud and treasure in reality , and we of late only in pretence ) being so execrable to our new free-states men , that in september 1650. it was expunged out of a petition m. p. drew for mr. luttrel , ( to save dunster castle the habitation of him and his ancestors , from being pulled down over his head before hearing or notice , by an order issued for that purpose and put in execution ) to iohn bradshaw and their free-state council at whitehall , by their attorney prideaux order , because it would distast them : and a great fart was more savory to olivers red nose than it : all in pursuance of the jesuits old plot : as you have heard out of watsons quodlibets : this m. p. shall a little insist on , because of a present design against our laws now eagerly pursued . the late parliament in a above one hundred declarations , ordinances , orders , votes , made this their principal charge against the kings iesuitical counsellors , and the popish forces raised by him , against the parliament , that they endeauoured the subvexsion and extirpation of our antient fundamental laws & government : and that one of the b chiefest causes of their taking up arms and raising armies against them , was for the necessary defence and preservation of these antient good old laws and liberties , ( the inheritance and birthright of every english freeman ) whereby not only his maiesties regal authority , but the peoples security of lives , lands , livings , privileges , liberty , ( both in general and particular ) are preserved and maintained , and by the abolishing , innovating or alteration of which , it is impossible but that present confusion will fall upon the whole state and frame of this kingdom : as the whole parliament of 1 iacobi ch . 2. expresly declared long since in the prologue of that act , the late long parliament in sundry declarations ; yea king charls himself in his declaration by advice of his council , to all his subjects , dec. 15. 1641. exact collect : p. 28 , 29. his answer to the lords and commons petition , april 9. 1642. ibid. p. 140. to their declaration may 4. 1642. p. 163 , 164. and elswhere , the defence whereof against invasion , subversion , he made the ground of raising forces against an anabaptistical party & faction in the parliament , intending to subvertand extirpate them root and branch , as you may read at large : ib. p. 326 , 443 , 451 , 514 , 515 , 555 , 556 , 561 , 562 , 579 , 619. a collection of ordinances , p. 28 , 38 , 39 , 116 , 117. yet notwithstanding all these parliament declarations and commissions in pursuance of them ; the army-officers , souldiers , by the iesuits suggestions , have been so farr intoxicated , as to attempt the utter subversion and extirpation both of our laws ( and lawyers too ) for whose defence they were principally raised , in pursute of * father parsons forementioned design , under pretext of reforming them : though the bare indirect attempt to subvert them in a farr inferiour degree , was adjudged high treason in c straffords and canterburies cases , for which they both lost their heads as traytors , and in the case of the ship-mony judges in the long parliament . that they have prosecuted this design in england to subvert our fundamental common lawes , and great charter of our liberties , is most apparent by their proceedings in their mock parliament , and printed vote 20 august 1653. ordered , there should be a committee selected to consider of a new body of the law , and the government of this commonwealth : compared with a true state of the commonwealth of england , scotland and ireland &c. printed 1654. p. 15 , 16 , 17 , 18. which assures us , that there was a strong prevailing party in that assembly , whom nothing would satisfie , but a total eradication of the whole body of the good old laws of england , ( the gardians of our lives and fortunes ) to the utter subversion of civil right and propriety , &c. and our two jesuitical prognosticators were so confident of it ( as if the stars in heaven had concurred herein with the iesuites and anabaptistical conventicle then on earth ) that in their scurrillous prognostications they predicted the downfall not only of all our ministers , and their tithes , but of our laws and lawyers , prognosticating , in the moneths of ianuary , february , september , october , and december 1654. that the lawes & lawyers of the nation should be pulled down to the ground ; that the great charter it self should be called into question with other liberties , as not suting with english mens brains at this time ; that the crabtree of the law should be plucked up by the roots to hinder the future growth thereof ; there being no reason we should now be governed by the norman law , since the norman race is taken away by the same instrument ( the sword of conquest ) which brought it in . they are the very words of these false prognosticators , who have many such like passages in them both before and since . which , compared with the late speeches of many common souldiers : that there should be no more terms in westminster hall : that they hoped very speedily to see not only the lawyers gowns , but the lawyers themselves hanged vp over the courts in westminster hall , where the decayed scots coulours hung , to supply their vacant places : that it would be a goodly sight , to see all the trees in st. iames's park hung with lawyers and their gownes ; with sundry such like speeches , since may 6. 1659. all these compared together , ( with what mr. prynne hath frequently heard the soldiers say during his neer 3. years close imprisonment under them , and their new republike in dunster , taunton , and pendennys castles ) that they hoped ere long to see and leave neither one lawyer , nor parish priest throughout england , nor yet steeple , steeple-house or bells , which they would sell , or cast into ordinance to fight against the dutch , &c. with some petitions and pamphlets now on foot to the like tune ; and the army-officers fresh proposal , to those now sitting and their votes thereon ; for the reformation of our laws , &c. are an infallible evidence to him , that all our former , late , and present cbanges of this nature , for which this formerly eiected republican conventicle is now reassembled , are the meer proiections of the all-swaying iesuits , to work our laws speedy ruine . it being their professed practice even in other forein popish kingdoms , to subvert their fundamental lawes , especially those which concern the inheritance , succession of the crown , and liberties of the subjects ; for which take these two testimonies even from forein papists themselves . the 1. in that memorable peece , t consilium de recuperanda et in posterium stabilienda pace regni poloniae per iesuitarum ejectionem , presented to the parl. of poland , an. 1607. out of which they were soon after banished . hic autem vos notare velim ejusdem pestis iesuitici non minorem efficatiam esse in oppugnanda et expugnanda republica , atterendis legibus , quoties nempe sentiunt , se ab his , in instituta sua venatione , impediri . et quod ad leges attinet , hae politicae tineae , illas praecipue arrodere consueverunt et exedere ; quibus jus successionis in regno continetur , liberiasque et pax publica firmatur . which he proves by several presidents of their shaking abolishing the very fundamental laws of this nature , in france , hungary , styria , austria , c●rinthia , and elsewhere : and that with such success , ut obtritis legibus praedictarum nationum libertas nitebatur , partem earum penitus oppresserint , partem ad extremam desperationem adigererint : in praedictis provinciis alicubi illustribus et antiquissimae nobilitatis familiis publice diem dictum esse intra quem se , aut coram iesuitarum tribunali sistant , aut relictis patriis sedibus alio migrent . and is not this the sad , desperate condition of many antient noble protestant families , knights , gentlemen and others , both in england , ireland , scotland , and of the royal protestant family , since our late warrs , changes of government , parliaments , and extirpation of all our fundamental laws , liberties , properties , by the iesuits and their instruments ? o let our whole nation and republican members too ( once shamefully ejected by those now calling them in ) consider , consider , consider this over and over , and lay it close to heart : least closing with the iesuites now again in this new convention , k as they assuredly did in the old since december 1648. till april 1653. they incurr that sad fate of u king henry the 4th of france ; who after the execution of some and banishment of all iesuites out of france , upon iohn castles one of their disciples stabbing him in the cheek , with an intent to murder him ; and afterwards recalling , favouring , flattering them by building a stately college for them , entertaining one of them for his confessor , and bequeathing his very heart unto them , to be interred with them after his death , together with a very large legacy of plate and lands ; yet they soon after procured their desperat assassinate and disciple ravilliac to stabb him to the heart , in the open street in paris , an. 1610. a just reward for his neglect , contempt of his parliaments timely admonitions in sundry remonstrances presented to him , never to trust or recall them more ; and the notable epigram against the iesuits , tendred to him by a true philopater , anno 1603. wherein there is this memorable passage in relation to their subversion of all antient fundamental laws . cuinam hominum ignotum est iesuitas nocte dieque , nil meditari aliud quam qua ratione modove , prisca statuta queant , patriasque evertere leges ; inque locum antiquis totum in contraria nobis , iura dare ; & sanctos privata ad commoda ritus ▪ fl●ctere ; nulli unquam quod post mutare licebit ? &c. m. prynne considering all these particulars , and knowing that this sodain re-assembly of the old eiected republican members , now sitting , originally proceeded from the jesuits projection , sollicitation , and anabaptistical sectarian party formerly combining with them , in all their proceedings against the late king , ( at whose execution the * queens own conf●ssor was present in a soldiers habit , flourishing his sword when his head was off as well as other iesuits , popish priests , overjoyed with that spectacle ) the secluded members , the house of lords , and transformation of our kingdom into a commonwealth , to accomplish their remaining designs , left unfinished ; pro●ected in terminis by * father parsons and the jesuites , and violently pursued in the short mock-parliament nominated at whitehall by the army-officers themselves , 1653. viz : to eradicate the national church , ministers , ministry of england , advowsons , tithes , glebes , with parochial churches , chapels , as antichristian , and leave not one stone of them upon another : which iohn canne ( the new-voted diurnall-man ) in his voice from the temple , then dedicated to them , particularly excited them to , with all speed and earnestness , as their generation-work , expected , required of them by god and all the saints of the land ) to sell all the crown , colleges , vniversities , and corporations lands yet remaining , to support and pay the iesuited army ( kept up so long on purpose to ruine , eat us out . ) m. prynne thereupon , held it his bounden duty , both as a m●mber , lawyer , englishman , and former patriot of his countries liberties , against all iesuitical vnderminers of them and our protestant religion , truly & fully to discover the same to the whole english nation , army , and those now sitting ; and to press it home upon their consciences by this his narrative , whether they will hearke● to , believe , obey it , or not , since he was forcibly secluded from doing it by speech : having sufficient warrant , encouragement , and protection for it , ( as he apprehends ) from god himself , ezech. 2.4 , 5 , 6. and jer. 1.18 , 19. for they are hard of face , and stiff hearted ; therefore ( son of man ) i do send thee unto them , and thou shalt say unto them , thus saith the lord. and they , whether they will hear , or whether they will forbear , ( for they are a rebellious house ) yet shall know , that there hath been a prophet among them . and thou son of man , be not afraid of them ; neither be afraid of their words , though briers and thorns be with thee , and thou doest dwell among scorpions ; be not afraid of their faces , nor be dismayed at their looks , though they be a rebellious house . and thou shalt speak my words unto them , whether they will hear , or whether they will forbear . but thou son of man , hear what i say unto thee ( and o that all the seduced army , republican members and their confederates would now hear and obey it too ) be not thou rebellious like that rebellious house . for behold i have made thee this day , a defenced city , and an iron pillar , and brazen walls against the whole land , against the princes thereof , and the priests thereof , and against all the people of the land ( engaged against thee and thy true good old cause ) and they shall fight against thee ( by sundry scurrillous pasquils , petitions , slanders , reproaches , and armed secluding guards ) but they shall not prevail against thee . for i am with thee , saith the lord , ( as well now as in all former engagements , trials for this good cause ) to deliver thée , the assurance whereof hath made him so resolute , as singly by himself , to encounter an whole armed host and house , at once , and throuh gods blessing to rout them in a manner by his bare presence , and their good old cause in a great measure by his single opposition : the a sole praise whereof he desires to render wholly and solely b to the lord of hosts , and c god of the spirits of all flesh , and not in any kind or part to himself , d a meer worm and not a man , an earthen vessel ; yea one of the weak , base , despised things of the world , and a thing that am not , whom yet god can and may make use of , to confound the things that are mighty , and to bring to nought things that are , that no flesh shall glory in his presence , and that the excellency of the power might be of god and not of him ; who h●th promised , that e one of his faithfull people shall chase a thousand , and two , put ten thousand to flight , ( in a true good old cause and quarrel ) for the lord their god he it is that fighteth for them as he hath promised . what then might all the secluded members and old lords house do , and all the well affected orthodox protestants in our three nations , had they but hearts , wisedoms , courage to joyn their counsels and endeavours together , ( according to their solemn league and covenant ) to vindicate their true old cause and parliamentary privileges , against all inconsiderable oppugners and subverters of them . mr. prynne ; having neither wife nor child to provide for , not much to care for , and never yet desiring any new office , advancement or employment in this present world , nor receiving the least reward for all his faithfull publick services , nor recompence for his manifold losses , sufferings , expences for the publick to whom he hath ever been a faithfull unmercinarie servant , is in good hopes , that the serious perusal of the premises , will convince the good old cause now cryed up , to be a cheat of the iesuites put upon the army , ( as hugh peters apprehends , stiles it in his letter , the 10th . of this may , to a chief officer of the army , ) and also wipe of all the mis-reports , scandals , reproaches , censures , yea acquit him from the heavy charge of sedition , mutiny , treason , against the infant house and republick , cast upon him for his actions or discourses here related , by those who are reallie guiltie of these crimes in the highest degree , by subverting our antient kings , kingdomes , kingship , parliaments , peers , privileges , laws , liberties , properties , oaths , by their iesuitical plots and innovations , and making a prey of all the publick wealth , lands , revenues of the crown , to enrich themselves , and maintain a seditious army , utterly to devour the small remainder of our publick and private wealth almost drained to the dregs ; and betray us into the hands of our forein enemies , when they have left us neither hearts , hands wills , mony , nor means , manfully to resist their invading power , and reduced us to that slavery , as rather to live under any forein tyrannie , than an g oppressing sword of their own domineering hirelings . as for the thing they stile sedition , it is but h seorsum itio , when a few confederated innovators shall seperate themselves from the general body or assembly of the kingdom , chuch , parliament , house , whereof they are members , and act a part by themselves , as a divided republick , church , parliament , house , without and against the generalitie , and true lawfull members , and seperate them from their company . i and if this be truth , as k our statutes , lawbooks , casuists , canonists , and historians accord , we shall know in whose hearts , house sedition truly dwells . and if l aristotle m aquinas , n angelus de clavasio , and o sund●y others who write of sedition , may be credited ; he who disturbs the rule or government of any unlawfull vsurper is no seditious person , because such a usurped government or power is not ordained for the commo● good , ( whatever pretended ) but for the private advantage of the usurper , therefore the disturbance of such a vsurper hath not the reason of s●dicion ; yea , it is to be commended , because it freeth the generality of the people from a tyrannical power usurped over , or forcibly imposed on them against their wills , and it is the ●surping tyrant only who truely is seditious , as they all define in direct words . and whether mr. prynne and other secluded members and lords , being ●ive times their number , or those who seclude them be seditious , let the whole kingdome resolve . mr. prynne not knowing whether he shall have the like opportunity again , shall for a conclusion of this narrative addresse himself , and direct some things he intended to have spoken . 1. to the army-officers and souldiers , remember i beseech you in the bowels of jesus christ , what your own army-chaplain iohn sedgewick in his iustice upon the armies remonstrance , from st. albons , nov. 16. 1648. and rebukes of that evil spirit that leads them in their counsels and actions , hath written to them therein , and to the lord fairfax then general , and the general counsel of war , in his epistle dedicatorie to them , when they first espoused their present good old cause . his words are home and piercing , destruction you practise , it is your work , it is your end , you cannot see beyond it , and you are hastning to it , it is the center to which you tend , and therefore i cannot but shew it to you , that you may stay your course before the pit shut her mouth upon you . you are full of glorie in the great things you have done , wonderfull thing ! a mighty presence of god. but in sum what is it ? you have torn a poor sinfull kingdom in pieces , you have executed wrath upon your brethren , friends , and countrymen , you have laid desolate your father the king , the parliament , your mother , your own country : this is your glorie to be executioners , assyria the rod of mine anger , what a crown is this ? have you restored , blessed , healed , comforted , saved any ? no , you have but plunged the kindome and your selves into a pit of darknesse and confusion . you drive furiously over the king , parliament , laws , conscience , loyalty , privileges , so as no human nor sacred thing can stand before you . it is high time to withstand you , for it is not men onlie that suffer from you , but the lord : your sword goeth so deep that it pierceth through his soul also : you are gone is farre in dissolving the foundations of government , that you are come to him who upholds the pillars of the earth : you reach to the head of principalities , and powers ; to the lord who is the author and upholder of all these things . he is in these despised broken ordinances of his , and sensible of everie blow that is given to them : you have digged through the wall of flesh and men , and through the partition wall that divided them from god , and now you are in the bowels of the lord ; these miserable broken powers are now the lord. go on , tear and rend , you will at last look upon him whom you have pierced , and mourn . o that you would now do so in good earnest , as you pretend only in your declaration of may 6. 1659. and a yet go on still in your former trespasses , for which god will wound your hairy scalps . o consider , that jesus christ , whose servants ye pretend to be , is both a b king of glory , & a c king of saints : that the gospel you professe is the d gospel of the kingdom , ( not republick ) yea , the e kingdom of god , and of heaven in gospel-language : that his church whereof you pretend your s●lf members , is frequently styled a f kingdom , never a common-wealth ( or at least bnt g once , and that not in opposition or contradistinction to a kingdom , which is the first excellentest of all common-wealths , as h heathen philosophers , polititians and devines accord , ) but as the verie same with it : that the saints themselves are styled , the i children of the kingdom , ( not republick ) k companions in the kingdom of christ , even in this world ; yea a l kingdom of priests , a royal priesthood ; nay kings and priests to god the father , and that by christs own constitution . consider yet further , that heaven it self , into which you expect at last to enter , is ever stiled m the kingdom of heaven , n an heavenlie and everlasting kingdom , a o kingdom which cannot be moved , a p kingdom which shall have no end ; ( never a common-wealth ; ) that in this kingdom we read of nothing but q crowns , scepters , thrones , robes of glory and majesty , and of r reigning in it for ever and ever . that christ himself hath promised , appointed , and his father given to all his saints the s kingdome of heaven . upon which account they are now stiled t heirs of the kingdom , and shall hereafter u inherit & possesse this kingdom , receive the crowns , wear the royal robes , sit upon the thrones provided for them in it . how then have the enchanters of rome , spain , france , so far infatuated your understandings , blinded your judgements , intoxecated your brains , perverted your wills , corrupted your affections , seared your consciences , engaged your unrulie passions , as notwithstanding all this , to make you bedlam madde , against all kings , kingship , kingdoms , crowns , scepters , thrones , principalite● , and kingly power , as to a abhor , and engage against both the things themselves and their verie names , yea to extirpate them root and branch , against his expresse evangelical precepts , word and practise of all his saints in either testament , to dote upon such a strange vtopian common-wealth , and new freestate , the verie names whereof , much lesse the things , you find not once in scripture in your sense , and never yet read of in the militant or triumphant church of christ. let mr. prynne a little expostulate the case with you , not as a lawyer but as a christian. do you indeed believe the scripture , to be the very will and word of the x great king , the soveraign lord , and iudge of all the earth , and of jesus christ , y the king of kings , the lord of lords , and king of saints , which you are bound in conscience , under pain of eternal damnation to believe and obey ? if not , proclaim it as lo●d to the world with your voyces , as you do by your sworde , actions ; and then all will know you in your native colours , to be no saints but real atheists , and all reasonings with you will be in vain . but having better perswasions of you , that you believe the scripture to be the only rule of your consciences , iudgements , lives , both as souldiers and christians . then answer clearlie to these interrogations ; the lord of hosts himself most peremptorilie and preciselie commands you , to fear god , honour the king , 1 pet. 2.17 . rom. 13.7 . yea to fear the lord and the king , ( coupling both these together as unseperable ) and not to meddle with those who are given to change , prov. 24.21 . how can , how dare you then dishonour , vilifie , reproach , destroy , both your natural kings , and kingship too , without the least fear at all of god or the king , and change them into a new republican conventicle ? he commands you to subject your selves to the king as supream , both by the ordinance of god and man , and that for the lords sake : and avoiding scandal to religion , 1 pet. 2.12 , 13. to be subject to the higher powers , and amongst them more especiallie to kings and principalities ; and that not only for fear of wrath , but for conscience sake , for these reasons clearlie expressed : because they are of god , and ordained by god : because they are the ministers of god for your good . because they are gods avengers to punish you , if you disobey , resist , or do evil ; because they who resist them resist the ordinance of god , and shall receive to themselves damnation , rom. 13.1 . to 8. tit. 3.1 , 2. vvith what face , heart , confidence , conscience , then can or dare you , not onlie not submit , subject your selves to , but exalt yon● selves above , against your lawfull soveraign kings , and higher powers , so far as not onlie to re●ist , but destroy their persons , powers , kingships , principalities themselves though gods own ordinance ? and that out of pretended zeal and conscience too ; and hope to receive a crown on earth , or in heaven for it , when as god himself denounceth damnation to you , for your verie unwarrantable resistance of them alone , and much more for their destruction . god requires you to make prayers , supplications , intercessions , and giving of thanks first of all for kings , that you may live a peaceable and quiet life ( under them ) in all godliness and honestie , for this is good and acceptable in the sight of god our saviour . to make prayers to the god of heaven for the life of the king and of the kings sons , ezra 6.12 , 13. to pr●y with all the primitive church and saints of god , psal. 72.1 . give the king thy judgement o god , and thy righteousness unto the kings son : how can , how dar● you then , not onlie neglect these duties , but prohibit , condemn , punish them , as no lesse than high treason in others ? and not onlie fight , but curse , revile , pray against the king , and the kings sons too , and take away their lives , livelihoods , instead of praying for them , reputing it both your godlynesse , honesty , yea a duty acceptable , and well pleasing unto god. e hear heavens , and tremble o earth at this great impietie ; god commands you eccles. 8.2 . to keep the kings commandement , and that in regard of the oath of god : and dare you against all your oaths of fealty , homage , supremacy , allegiance , protestation , league , covenant , printed declarations , and your own propositions 1 august 1647. that the kings person ( and royal issue ) may be restored to a condition of safety , honor , and freedom in this nation , without diminution of their personal rights both abjure , eradicate king , kingship , and the royal posterity ; f that you may no more keep nor obey anie of their superior commands , and prefer the commands of anie undutifull army-officers , ( raised onlie to defend the king and parliament from all force and violences ) before both their ordinances , proclamations , commissions , votes , to both their ruines ? god injoyns you not to curse the king no not in your thoughts , & not to revile or speak evil of the ruler of your people , eccles. 10.20 . exod. 22.28 . acts 23.5 . tit. 3 ▪ 2. and can you , like those wicked idolators , isay 8.21 . curse your king and your god , and look upward : and like those unjust , carnal , bruitish beasts , ( made to be destroyed , and reserved to the day of iudgement to be punished ) despise dominion , speak evil of dignities , kings , kingship , 2 pet. 2.9 to 14. jude 8 , 9 , 10. for which the ●ospel it self denounceth , woe unto you , perishing in the gain-saying of core , jude 11. that you shall utterly perish in your own corruption , and receive the reward of unrighteousnesse , 2 pet. 2.12 , 13. christ himself more than once enjoyns you in the ●ospel , to render to caesar the things that are caesars , to wit , all his dues , tributes , custom , fear , honor , mat. 22.17 , 21. mar. 12.16 , 17. lu. 20.22 , 24 , 25. rom. 13.7 . how can or dare you then wrongfully forciblie take away and detain from your rightfull king & caesar , not onlie all these his dues and crown-lands too , but his verie crown & life to boot , & instead of making restitution of them to his son when he came to demand the fruits of his fathers vineyard , do and say with those wicked husbandmen in the gospel , mat. 21.38 , 39. lu. 20.14 . this is the heir come let us kill him , and the inheritance shall be ours , and cast him out of the vineyard . o remember the sad doom which christ himself and all his auditors have denounced against you for it in these texts , & luke 19.27 . then tremble at it . if all these precepts will not affect nor reform you , consider , that it hath been the general constant importunate desire of all nations , and gods own people too , ( wherin god himself hath gratified them ) to set up kings to judge , rule them , and fight their battels , deut. 17.14 , 15. 1 sam. 8.5.19 , 20 , 22. ier. 25.18 to 27. for all the people unanimouslie to rejoyce , and expresse their gladnesse , contentment , satisfaction delight , triumph , at their kings solemn inaugurations , with trumpets , feasts , shouts , acclamations ; & to eccho out this unanimous publick ovation , again and again , god save the king , let the king live , o king live for ever , and to use the self-same expressions in all their private and publick addresses 1 sam. 11.24 . 2 sam. 16.16 . 1 kings 1.25.34 , 39. 2 kings 11.12 . 2 chron. 23 11. ezra 6.10 . psal. 72.10 , 15. dan. 2.4 . c. 3.9 . c. 6.6.21 . mat. 21.5.9 . and will you be antipodes to all other nations , yea to gods own people in all ages , and cry out still with united shouts , o do not save but destroy , crucifie , behead , extirpate , king and kingship too ; away with them , away with them from the earth , let them never live but die , die , and that for evermore ? what madnesse , what frenzie is this ? when the wicked iews cryed out to pilate against our saviour iesus christ , ( who was born king of the iews , mat. 2.2 . ) away with him , away with him , crucifie him , crucifie him . pilate himself used this argument to represse their furie , g behold your king , shall i crucifie your king. at which they were so non-plussed , that their chief priests had no other answer but this to evade it , we have no king but caesar , if thou let this man go thou art not caesars friend , whosoever maketh himself a king speaketh against caesar : upon which he delivered him over to them to be crucified . and when pilate put this title on his crosse , iesus of nazareth , king of the iews , the chief priests were angry at it , and said to pilate , write not king of the iews , but that he said , i am king of the iews ; being all convinced , that it was a most barbarous , shamefull , inhuman , worse that jewish act , for any s●bjects or people to crucifie their lawfull king , though in a way of publick justice ; whence the apostle thus reasons , 1 cor. 2.8 . that had the princes of this world , ( and iews themselves ) known or believed christ to be their king ; they would not have crucified the lord of glory , and shall you not prove then far more transcendently impious , treacherous than the worst of iews , of mortals ; not only in your former crucifying , beheading your undoubted , known , lawfull , hereditary king , which they abhorred to do , but his kingly office and posteritie too ; if you cry still , away with them , away with them , wittingly , willfully , uncessantly , their bloud be on us and our children after us ; and will not the wrath of god come upon you and yours to the uttermost for this your high provocation , as it did upon these iews , if you doe not speedily repent of it ? 1 thess. 2.15 , 16. it was the loyalty , piety of david , ( a man h after gods own heart , a gallanter commander , souldier , conquerour , than the best and greatest of you ; ) when he was persecuted in the field by his soveraigne king saul and his armie , hunted as a partridge from place to place to take away his life , and had several opportunities to destroy him without danger put into his hands , and was twice importuned by his rude souldiers , to slay him , or permit them to doe it ; that he rebuked this evil spirit and counsel in them , and gave them this answer , the lord forbid that i should do this thing unto my master , i that i should stretch forth my hand against the lords anointed , seeing he is the anointed of the lord , destroy him not , for who can stretch forth his hand against the lords anointed and be innocent : and when the amalekite brought tydings to him of sauls death , telling him , that he had slain him by sauls own command ; and presented him with his crown and bracelets k expecting a great reward from him for those good tydings , being formerly anointed by god to succeed him : he gave him no other answer nor reward but this ; how ? wa st thou not afraid to stretch forth thy hand to destroy the lords anointed ? thy bloud bee upon thy head , for thy mouth hath testified against thee , saying ; i have slain the lords anointed . and he called one of the young men and said , go near and fall upon him ; and he smote him that hee died . and david and all the men that were with him rent their clothes , and lamented with a most pathetical lamentation over saul ; recorded for ever in sacred writ , 2 sam 1.12 . to the end . the like reward he gave to the murderers of ishbosheth his competitor , 2 sam. 4.10 , 11 , 12. and can you then conceit you were guided by the holy spirit of god which dwelt in david ? or that you deserve the title , of men after gods own heart , of saints , of honorable , pious commanders , soldiers , for speaking , declaring , acting against your k. diametrically contrary to him in all these particulars : and glorying in it as your highest praise , valour , saint-ship ? his tender heart l smote him to the quick , for cutting off only the skirt of king sauls garment privily , ( when he refused to offer the least violence to his person , as his soldiers counselled him ) because he had cut off saul skirt : and will not your adamantine hearts , ( m harder than the nether milstone ) yet smite you with the least compunction for cutting off king charles his head publickly , and parting not only his garments amongst you , ( as the n souldiers did our saviours , when they crucified him ) but his crown and kingdoms too ? after david succeded saul in his throne , his captains , souldiers , people , were so carefull to preserve his life from the least appearance of danger , that when he would have gone out to battel against his rebellious son absolom , who usurped the crown : they answered him , thou shalt not go forth , for if we flye away or half of us dye , they will not set their hearts on us , but now thou art as ten thousand of us ; yea they swore to him at another time , thou shalt no more go out with us to battel , least thou quench the light of israel , 2 sam. 21.17 . and when absolom was slain , all the people were at strife through all the tribes of israel , saying , absolom whom we anointed over us is dead in battel : now therefore why speak ye not a word of bringing the king back ? whereupon they earnestly contended who should be the first that should bring back the king , to reinthrone him , 2 sam. 19.9 , 10 , 14 , 15 , 41 , 42 , 43. and can you then not only professedly go out to battel against the king himself & parliament too , against all parliament-votes , ordinances , declarations , commissions , by which you were raised , for their mutual defence : but destroy and slay them both , in cold blood , after the battel ended by a friendly treaty , to prevent all accord between them , and instead of bringing the king again to his royal city , parliament , throne , in peace and safety from the isle of wight , not speak one word thereof , but bring him only back again , to a most disloyal , illegal bloody execution , & not repent of , but persevere in this unparallel'd treachery against his son , even after your anoynted absolom ( who engaged you in these unsaintly , unsoldierly , un-english treasons ) by the * stroke of god himself is dead , and his son set aside by your selves , through divine retaliation ? in few words , can it ever be your honor , glory , as saints , to be the instruments , executioners of gods wrath and vengeance upon your own native kings , kingdoms , churches , countrie , to oppresse , consume , and eat out all their publick , private wealth , revenues , and burthen them with endlesse taxes , excises , to maintain your needlesse , uselesse forces , only to over-awe , o overturn them all , yea our parliaments , laws , liberties , with your own new-modelled governments , and governors too , one after another , till they all be brought to total and final desolation ? to do the works of assyrians , babilonians , turks , gothes , vandals , p the roddes of gods anger , his battel-axes , the staff of his indignation , to shake , destroy churches , kingdoms , nations , persons , and make them desolate ; yea worse than the worst of these , who never shoke , destroyed their own kings , kingdoms , countries , but their forein enemies or neighbours , against whom q god sent them in his wrath , for their crying provocations , to break them in pieces and tread them down like mire in the strees ? if you repute this your glory , and resolve to persist therein , without speedy and sincere repentance of the mischiefs you have done , consider and read over , over and over again at your leasure , the taunting proverb , severe judgements , divine and final reward , menaced to , inflicted by god himself by an irreversible decree , and irresistable power , upon the king of babilon himself , his royal posterity , the city of babilon , the whole assyrian host , nation , kingdom , for shaking , destroying , breaking in pieces other kings , kingdoms , nations , and gods own people too for their sinnes , ( as you have served your own kings , kingdoms , churches , parliaments , nations , laws , liberties , against all oaths , and obligations , to the contrary ) recorded at large in sacred writ , isay , 14.4 . to 30. c. 31.8 , 9. ier , 50.1 , to 46. ch . 51. throughout . and then sleep quietly in your beds , and blesse your selves in these your successefull wickednesses if you can ; in respect of your present earthly prosperity , or your posterityes after you . as for your eternal estate in another world , consider that dismal text , psal. 92.6 , 7. a brutish man knoweth not , neither doth a fool understand this : when as the wicked spring as the grass , and when all the workers of iniquity do flourish , it is that they shall be destroyed for ever . & ps. 9.16 , 17. it hath been your businesse of late years , and now again , ( after your seeming repentance for it in your new declaration , may 6. ) to shut our kings , lords , honestest faithfullest members of the commons house out of parliament , and forcibly to seclude them when they knocked for entrance , yea to cast some of them into hell , and other prisons for discharging their trusts , and mr. prynne beyond all others . o take heed , that when you shall come to knock at heaven gates for entrance , and cry r lord , lord , open unt● us , you receive not that answer recorded in the gospel from christ himself ; i tell you , i know you not whence you are , depart from me all ye workers of iniquity into the lowermost hell , and everlasting chains of darknesse , where there shall be weeping and gnashing of teeth ; when you shall see abraham , isaac ( yea the secluded members ) in the kingdom of god , ( which no s murderers , rebellious seditious , vnrighteous covetous persons , plunderers , traytors , no pernitious destroyers , subverters of kings , kingdoms , parliaments , shall inherit , ) and your selves shut out for ever . you all pretend you are setting up christs kingdom , and propagating his gospel amongst us by your arms , swords , pistols , and army predicants : but we read in the gospel , t that the souldiers armed with swords , staves , spears , were the only officers and persons imployed to apprehend king t iesus himself , and bring him to justice before pilat . the only men who stripped him of his own garments , put upon him a scarlet robe , then plotted and set a crown of thorns on his head , instead of a crown of gold , put a reed into his hand instead of a scepter , & then mocked , spit in his face , reviled , buffetted , and bowed their knees unto him in scorn , saying hayl king of the iews , and led him away to crucifie him ; after which they gave him vinegar to drink mingled with gall , ( instead of a cordial ) crucified him , then parted his garments ; casting lots . after this they set a watch upon his sepulchre , lest his disciples should take him thence . and when he was risen from the dead , to smother the truth of his resurrection ; the chief priests taking counsel together , gave large mony to the souldiers , saying , say ye his disciples came by night and stole him away whiles we slept : so they took the mony and did as they were taught , and this their lye is commonly reported among the jews till this day , these things truly the souldiers did , as the evangelists record to their perpetual honor . after which herods men of war and souldiers ( who likewise set christ at naught , mocked him , then arrayed him in a gorgeous robe , and sent him to pilate to condemn , lu. 23.11 . ) stretched forth their hands to vex certain of the church , killed iames the apostle with the sword , apprehended peter and put him in prison , where he was guarded day and night with four quaternions of souldiers , to prevent an escape , acts 12.1 . to 8 but that ever they did set up christs kingdom , and propogate the gospel by their swords and arms otherwise than this , the gospel it self is silent : yea u god himself in precise terms resolves , that men of war , who have fought great battels , and spilt much blood upon the earth , ( though against his enemies ) shall not be at all honoured , employed in building of his temple . yea this is the expresse word of the lord to zerubbabel , when gods house was to be rebuilt , and his kingdom propagated ; not by army , ( so the hebrew and margin render it ) nor by power , but by my spirit , saith the lord of hosts , is this work to be done ) zec. 4.6 . our saviour christ is both the x king , and prince of peace : his gospel the y gospel of peace : his apostles and ministers z ambassadors of peace : and his kingdom consists a in righteousness and peace . now nothing is more b directly opposite , destructive to , inconsistent with this peace , to the king , prince , gospel , ambassadors , and kingdom of of peace , as armies , souldiers , war , arms : and therfore it is observable , that when our saviour sent out his disciples to preach the gospel , and set up his kingdom , he did not make choyce of captain● of thousands , or hundreds , nor yet of souldiers or armed men : but of mean c fisher-men , and others altogether averse from war ; commanding them in expresse terms , to take neither gold , silver , nor brasse in their purses , nor scrip , nor two coats , nor yet staves , ( much lesse sword , pikes , horses , pistols ) nor any thing else belonging to a souldier , no offensive or defensive arms , at the most but a single d walking staffe , like travellers , to help , support them : yea christ expresly resolves , that his ministers are and must be no fighters , no strikers , nor strives , ( much lesse than professed warriers ) iohn 18.36 . 1 tim. 3.3 2 tim. 2.24 . they have no sword , but that of the spirit and their mouth , the word of god ) and fight with it only against mens sins lusts , not persons eph. 6.17 . heb. 4.12 . rev. 19.15 , 21. yea when peter once did but draw his sword to defend king jesus against the souldiers , who came with swords and staves to apprehend him , he said unto him , mat. 26.52 put up thy sword again into its place , for they that take the sword shall perish with the sword : nay the state of the gospel is so inconsistent with souldiers , arms , war , that upon the sincere profession of it , god requires the professors thereof , to beat their swords into plowshares , and their spears into pruning-hooks , nation shall not lift up sword against nation , neither shall they learn vvar any more ; but to live in peace with all men , and keep the unity of the spirit in the bond of peace , isay. 4. mich. 4.3 . luke 2.14 . 1 cor. 7.15 . c. 14.53 . gal. 5.22 . 2 cor. 13.11 . eph. 4.3 . col. 3.15 . 2 thes. 3.16 . heb. 12.14 . never was the kingdom , gospel , church of jesus christ promoted , advanced in any age or place by war , & swordmen ; but many * churches have been utterly destroyed , extirpated , depraved , corrupted ; none ever edified , planted enlarged , much lesse reformed by them . our present armie-saints , and new military-apostles by their fighting , praying , preaching , fasting , instead of promoting the gospel , protestant religion , and church of england , have almost totally subverted them , by * broaching , countenancing , protecting all sorts of heresies , blasphemies , sects , schisms , errors , opinions , religions , setting up new conventicles of sectaries , seducers in all places , opposing , slighting , traducing the very church , doctrine , ministry of england ; the very function , ordination of ministers , by decrying , detaining their tithes and former maintenance , as litigious , jewish , antichristian ; by swallowing up all the lands , revenues of bishops , deans , chapters , arch-deacons , and a great part of our ministers maintenance by sequestrations , and monthly contributions to maintain their army evangelists , now ready to swallow up the remainder that is left , and continuing in a body for that purpose , by the very jesuites instigation , who not only professedly teach in their publick university at madrid , the art of war by land and sea , the making of guns , gunpowder , fireworks , all manner of military engines , of which they read lectures , as most agreeable to the name , profession of their martial father ignatius , as e alphonsus vargas a spanish priest records ; but boast , f that the general of the iesuites , can bring into the field more souldiers , of his own order , in a shorter time than any christian king whatsoever : and likewise expresly affirm , that their gopsel and religion is to be propagated , set up ; the heretiques , and evangelical sectaries , who resist them , refuted , extirpated , abolished with fire armies , sword and war , in england & elsewhere , as iacobus cruciger ( rector of the iesuites at lansperg ) in his explication of the rules of their order , paulus windeck , de extirpandis heresibus antid . 10 , 11. p. 404 , 412 , 480. thuanus , hist. l. 65. p. 238. l. 66. p. 299. franciscus verona . apol. pro iohanne castle . par . 5. c. 13. hospinian , hist. jesuitica . l. 4. p. 212 , 213 , 214. hasenmullerus , hist. jesuit . c. 1. & spec. jesuiticum , p. 61. unanimously attest . o then discern at last whose gospel , kingdom , you are now propagating by your army , arms , and westminster conventicle , not iesus christs , but the very jesuites , his greatest underminers . many of you ( especially millinaries , and fifth monarchy-men , ) pretend , that jesus christ is now comming to reign personally on earth a thousand years , and that you shall all reign together , as ioynt-kings with , or vice-royes under him . but the setting up of a new republick and aristocracy , is wholly inconsistent with this kingdom and monarchy of christ you now expect ; which suites only with a temporal king and kingdom . how this opinion will accord with christs own description of it , john 18. 16. my kingdom is not of this world , or pauls , rom. 14.17 . the kingdom of god is not meat and drink , ( nor yet arms and armies , ) but righteousnesse and peace , and ioy in the holy ghost , ( which souldiers , armies usually destroy , not produce , or propagate ) let those who maintain it , consider . when mr. prynne was kept close prisoner in pendennis castle by iohn bradshaws and our new republicans illegal warrant in july , 1651. some four dayes after his imprisonment there , divers officers and souldiers of the garrison , who had long debated every day for sundry months before , their present expected personal reign of christ on earth , repaired to him , to know his opinion concerning it , as he was taking fresh air in the bowling-alley , standing in a ring about him : upon which he first demanded their opinions of it : when they had all fully uttered their conceits in the affirmative with much confidence ; m. pryn briefly answered , that now they had beheaded one of our kings , and almost conquered another , and our 3. kingdoms , they thought , talked of nothing but being all kings themselves , and of reigning personally on earth cheek by joll with christ himself , as his fellow-kings , no earthly king being fit to be a companion for such transcendent sublimated saints as they thought themselves . but they were all most grosly mistaken : for that very text of rev. 20.4 , 5. ( which he read out of one of their bibles ) whereon they principally grounded their opinions and reign , was pointblank against them . and i saw the souls of them that were beheaded , ( not of them who took off their own christian protestant kings and nobles heads ) for the witnesse of iesus , and the word of god , and which had not worshipped the beast , nor his image , neither had received his mark upon their foreheads , nor in their hands , and they lived and reigned with christ a thousand years : ( is it not added on the earth , and chap. 22.5 . rather proves their reign to be in the new ierusalem in heaven . ) but the rest of the dead , ( who were not thus beheaded ) lived not again , ) ( much lesse then reigned with christ , ) till the thousand years were past . by which it is most apparent , that if christ shall reign personally on earth for a thousand years , as they all conceived , and that this time was now at hand : yet not one of them should , or possibly could reign with him , if this text be vmpire : for the words are most positive , that none else shall thus reign with iesus chris● a thousand years , but only the souls of those who were beheaded for the testimony of iesus christ , & c. it b●ing expresly averred in the affirmative ; then in the negative , but the rest of the dead lived not till the thousand years were past . upon which account , the late king , and other protestants whose heads they had cut off , and those godly christians they had slain , murdered in the wars ; and perchance himself and others who had lost their ears , liberties , estates , and were shut up close prisoners , for the testimony of iesus christ , and had not worshipped , but opposed the beast of rome , his image , superstitions , innovations , proceedings against the late king , parliament , religion , nor received the mark of the beast in their foreheads or hands , might peradventure reign with christ a thousand years . but as for themselves and other army saints , who made it their businesse , and reputed it their honour , saintship , to cut off the heads of their own christian kings , nobles , brethren ; to destroy kingdoms , parliaments , & their privileges ; secure , imprison , close imprison their members , worshipping the very beast and his image , and visibly receiving his mark in their foreheads , hands , by these their jesuitical practises ; keeping up an army and iron-sword still drawn amongst us , to the great oppressing , undoing of their native country , of purpose to keep off the wooden crosse of iesus christ , which he h expresly enjoyned them with self-denying spirits to take up daily , and follow him , and that other crosse , their own consciences tell them , these perfideous , treacherous practises of theirs justly demerit , they could have no ground at all from this or anie other text to reign with christ in his heavenly or earthly kingdom , out of which these their seditious , unrighteous , and bloody practises did eternally exclude them , as the 10 , 14 , 15. verses of this very chapter , rev. 22.11 , 15. 1 cor. 6.8 , 9 , 10. gal. 5.20 , 21. resolve . therefore if ever they desired or expected thus to reign with christ , they must all presently repent of these their former exorbitances , put off their swords from their sides , take up christs daily crosse , lay down their own heads upon the block , and then willingly chearfully lose them , not for their treasons and rebellions , but for the testimony of iesus christ , and the word of god , and opposition of their former treasonable plots of the beast of rome ; then they might expect to reign with him , otherwise they had no hopes by the resolution of this text , and that parallel'd place , 2 tim. 2.11.12 . which excellently explains it ; if we be dead with christ , we shall also live with him ; if we suffer , we shall also reign with him : if we deny by him ( by refusing to suffer with or for him ) he will also deny us . with which words these formerly confident swordmen were so non-plussed , that they had not one word to reply , and gave over all future discourses of this subject ever since , being as unwilling to lose their souldiers pay or heads for the testimony of christ , as the i young man in the gospel was , to sell all he had and give it the poor , to gain eternal life and treasures in heaven . lastly , consider , that as it is the highest glory , excellency of god himself , the greatest comfort , felicity , security of his church , saints , that he is the living god stedfast for ever , dan. 6.26 . that he is the lord and changeth not , mal. 3.6 . that with him is no variablenesse , or shadow of change , james 1.17 . that he is the same immutable god for ever , from everlasting to everlasting : that his counsels , thoughts of heart , purposes , truth , faithfulnesse , commands , loving-kindnesse , covenant , stand fast , firm , unalterable to all generations , for ever and ever , psal. 33 11. psalm 90.1 , 2. psalm 100.5 . psal. 02.16 , 17. lam. 5.19 . hebr. 8.13 . psal. 110.4 . so it is the most transcendent honour , dignity , glory of god the fathers , and jesus christs kingship , kingdom , and the chief consolation , exultation , beatitude of their subjects and chosen saints ; that the lord is , and fitteth king for ever ; that he is an everlasting king , which reigns and shall reign for ever and ever ; that his kingdom , dominion , throne , are all everlasting , established , and enduring for evermore , for ever and ever , throughout all generations ; that they cannot be moved , and shall have no end , psalm 10.16 . psal. 29.10 . psal. 92.8 . psal. 45.6 . psal. 145.13 . psal. 146.10 . isay. 9.7 . dan. 4.3 , 34. c. 7.14 , 27. jer. 10.10 . mar. 4.7 , lu. 1.32 , 33.2 pet. 1.11 . rev. 11.15 . hebr. 12.28 . lam. 5.19 . so also it is the praise , honour , glory of all nations , churches , people , kingdoms , governments , aud every particular person , both as a man , christian , counsellour , or publick minister of state , to be constant , stedfast , fixed , resolute , immoveble , and unchangeable in their oaths , religion , worship , faith , principles , counsels , resolutions , courses , when true , just , honest , upright , sincere , commendable , and in their kingly , publick government , evidenced by its antiquitie , the experiences of many successive generations to be beneficial , safe , just , profitable , honorable for the gegeneralitie of the people , and firmlie established by laws , oaths , covenants , prescription , with all other civil and sacred ratifications : as is most apparent by josh. 24.15 , 16. to 28. psal. 15 , 4.1 . chron. 28.7 , 8 , 9. prov. 24.21 . psal. 57.7 . psal. 46.1 , 2 , 3. ps. 27.1 , 3. jer. 2.11 . rom. 8.35 , 36 , 36 , 37 , 38 , 39. 1 cor. 15.58 . cap. 7.37 . heb. 6.18 , 19. col. 2.5 , 6 , 7. 2 thess. 2.17 . c. 3.3 . eph. 6.13 , 14. col. 1.23 . acts 20.24 . c. 21.13 , 14. rom. 13 1 , 2 , 3. 1 pet. 2.13 , 14 , 15. tit. 3.1 . 2 chron. 13.5 , 6. c. 11.13 , 14 , 15 , 16 , 17. c. 23.1 , 2 , 3 , 4 , &c. c. 26.1 . c. 33.24 , 25. 2. sam. 7.13 , 20 , 29. 1 chron. 17.13 , 14 , 22. to 28. c. 22.10 . 2 chron. 9.8 . c. 21.7 . ez. 37.45 . prov. 29.14 . worthy special observation . but it is the sinne , shame , reproach , infamy , dishonor , ruin of any nation , church , people , kingdom , state , counsel , person , to be addicted to changes , unstable , variable , unconstant , fickle , mutable , tossed to and fro , backward and forward , upward and downward , this way and that way , like children , fools , reeds , vanes , weathercocks , empty , clouds , wandring stars , the restless sea and its waves , tossed and turned about with every wind and storme ; like wild asses , dromedaries , traversing their wayes ; or whorish women gadding about to change their lovers , wayes , and doting upon every novelty or new lover they meet with , as gen. 49.4 . ps. 78.8 , 9 , 10. to 40. ezech. 16.25 . to 60. jer. 2.11 . to 37. pro. 7.11.12 . jam. 1.6.8 . hab. 1.14 , 15. pro. 24. 21 , 22. isay 24.5 . ps. 106.20 . mat. 11.7 . rom. 1.23.25 . acts 28.6 . 2 pet. 2.1 , 2 , 14. to 22. c. 3.17 . 2 tim. 3.6 , 7. eph. 4.14 . jude 6 , 12 , 13 , 16 , 24. resolve . why then are yon alwayes ringing the changes in our churches , kingdoms , parliaments , government , religion , modelling , unmodelling , chopping , changing , altering , building them up and pulling them down again from day to day , against all oathes , vowes , covenants , laws , establishments , policy , prudence , justice , safety , settlement , by which you become the highest transgressors , gal. 2.18 ? is this to shew your selves saints , men of god , or prudent senators or statesmen ? no , no : but to be that generation of spoylers and treacherous men , ( no more to be believed , trusted by any , though you speak fair words , nay swear and vow ) who have spoiled and dealt very treacherously with your brethren and the house of your fathers , ( who raised , entrusted you for their defence and preservation ; ) against whom god denounceth a woe , and answerable retaliation in conclusion : to be spoiled and dealt treacherously with your selves , ( as some of you , your new protector , and those now sitting have been already dealt with , and others who made them treacherous ) is. 33.1 . jer. 12.1 , 2 , 6. c. 3.4 . yea such neighbors , brethren as will utterly supplant , deceive , slander their very nearest , dearest relations , whose habitation is in the midst of deceit ; whom god himself commands us to take heed of , and not to trust , for they are all an assembly of treacherous , double-minded men , unstable in all their wayes ; empty clouds carried about with a tempest ; raging waves of the sea which cannot rest , foaming out their own shame , casting out mire and dirt ; wandring stars , to whom are reserved the blackness of darkness for ever , as three prophets , and 3 apostles resolve in express terms , isay 57.20 , 21. ier. 9.2 , 3 , 4 , 5 , 6. mich. 7.5 , 6. iam. 1.6 , 7. 2 pet. 2.17 . iude 12 , 13. o therefore now at last repent , repent with greatest grief , shame , horror of this your treachery , inconstancy , and * harden not your hearts as in the day of temptation and provocation , ( decemb. 6. 1648. & may 7. 1659. ) when you erred in your hearts , & wandred out of the way of god , peace , truth , justice , righteousness , honesty , piety , duty , into * such iesuitical paths , wherein there is nothing but wasting and des●r●ction ( as god resolves , & all men find by 11 years sad experiment , ) else he will swear in his wrath , you shall never enter into his rest . if these evangelical , scriptural expostulations will not perswade you , to sound a present retreat , & sue out a bill of divorce from your false good old cause for our future publike safety , peace settlement ; m. p. shall then intreat you to believe your own declarations : in your last , may 6. 1659. you truly declare to the world that the only wise god in the course of his providence , hath disappointed ; all your endeavours , and rendered all ( your ) means to obviate the dangers and settle these nations in peace and prosperity , vtterly ineffectval . will you know the true reason of it ? it is because ever since you have interrupted and forcibly dissoved the treaty of peace between the late king and his parliament , decemb. 6. 1648. you have walked in such crooked counsels , pathes of iniquity , bloud , violence , treason , destruction , as whosoever goeth therein shall not know peace , and have neither known nor pursued the true way of peace ; as god himself resolves you , if you dare credit him , isay 59.2 . to 16. which you may do well to study . if you will not believe god , nor mr. prynne herein , pray then believe your own selves , whiles in your right senses , before the good spirit of god departed from you , and now pursue that only way to our peace and settlement you then at least 4. times successively prescribed . in your humble remonstrance from his excellency and the army under his command , presented to the commissioners at st. albans , 25 june 1647. p. 12. these are your own printed words : we doe further clearly confess , we do not see how there can be any peace to the kingdom firm or lasting . without a due consideration of and provision for the rights , quiet , and immunity of his majesties royal family and late partakers . and herein we thinke that tender and equitable dealing ( as supposing their case had been ours ) and a spirit of common love and iustice diff●sing it self to the good and preservation of all , will make vp the most glorious conquest over their hearts ( if god in mercy see it good ) to make them and the whole people of the land lasting friends , the like words , expressions to the same effect you use in your representation of the army , 14 iune 1647. & in your generals letter to both houses of parliament , 6 iuly 1647. declaring it the general sense of all or most of the officers of the army , to avoid all harshness , and afford all kind usage to his majesties person , family , aud late party ; as the most honourable , prudent , and christian way and the most hopefull course , to take away the present and future seeds of warr amongst us to posterity ▪ and to procure a lasting peace and a government in this distracted nation : and in your proposals 1 aug : 1647. for the settlement of a firm peace , you have the like expressions again : as mr. prynne in his speech in parliament , dec. 4. 1648. ( p. 79 , 80 , 81 , 82. ) evidenced to the house of commons , perswading them to pursue this only way of peace , and not your quite contradictory remonstr : 20 nov. 1648. ( when debauched by the iesuits , the only way to unsetlement , tumults , warres , desolation ) as experience hath now sufficiently demonstrated . o therefore now at last embrace , pursue this true and only way to safety , peace , settlement by your own quadruple resolutions : and then we shall soon have peace , quietness safety , and assurance for ever . mr. prynne having thus discharged his conscience towards the army-officers and swordmen ; the primum mobile of all our late , present motions and commotions , wheeling about all the rest , he shall in the second place addresse himself to their subordinate , selected westminster conventicle , now sitting under their force and lure , to act , vote what they prescribe them ; forcibly d separating their old fellow members from their company ; and himself above all others , who hath lost , suffred , spoken , written , acted more from time to time for god , religion , laws , liberties , properties , parliaments , and their privileges , against all iesuitical underminers , than all of thē put together , notwithstanding all discouragements , ingrate requitals from them and others . he shall only desire them in relation to the old and newly secluded members , to answer that one expostularie text , mal. 2.9 . have we not all one father ? hath not one god created us ? ( yea one mother , church , countrey engendred , nourished , entrusted us all alike : ) why then doe ye deal treacherously every man against his brother by prophaning the covenant of our fathers ? as for your new erected , revived republike , you so much dote on ; e wherin ye have reigned as kings without ( yea against ) us , and we would to god ye did reign , that we also might reign with you ; he shall desire you for your own , our churches , religions sake , safetie , honour , to consider its papal , jesuitical , antichristian , spanish , french originals , and its sad effects , to their advantage , and the ruine of our religion , alreadie discovered , which you cannot gain say : to weigh his former expostulations with the army-officers , soldiers , and these few scriptural ( to omit manie other political , historical considerations , beyond all refutation , and more to be valued than all politicks of carnal heads or hearts , ) to enamor you again with hereditarie kings and kingship , which you have so rashly , brutishly , perfidiously abjured , out of meer self-ends and interests , having not the least syllable in scripture to justifie either the forcible bloudie manner of erecting , new modelling your illegitimate commonwealth , or your adopting it in the place of our old kingdom and kingship . first of all consider , that as jesus christ himself is a king by birth and inheritance , mat. 2.2 . lu. 1.32 , 33. so it is also his supremest , royallest title , attribute in the very gospel , that hee is f king , & lord of kings , lord of lords , the prince of the kings of the earth , and the head of all principalities and powers : now the abolishing of kings , kingship , princes , lords , divests jesus christ himself of these his most royal titles and soveraigntie ; because he is thus stiled only in relation to earthly kings , princes , lords , who rule and reign over kingdoms , nations , by , for , through , under him , as his ministers , officers , viceroyes , deputies , and are appointed , commissioned , accountable to , judged , removed by him alone ; as subordinate kings were by the emperors , kings of babylon , assyria , parthia , and our edgar , who were stiled king of kings , because kings were subjects to them , held their crowns by , from , and under them , and did homage to them as their subjects , as you may read at large in mr. seldens titles of honour , part 1. ch . 3. sect . 2. and dan : 2.21 . 37 , 38.47 . c. 17.25 . many of these kings losing this title of king of kings , when their subordinate kings and kingdomes revolted , ceased , or escheated into their own hands : in relation to these titles of christ , it is expresly prophecied , ps. 72.10.11 . the kings of tarshish , and of the isles shall bring presents , ( principally intended , verified of this our island of great britain , which had the first christian king we read of in all the world , lucius ; the first christian queen , helena ; the first and most glorious christian emperor , consiantine the great ; the first christian king who opposed , abolished the popes supremacie , henrie the 8. the first protestant king who by publike acts of parliament abolished both the pope and poperie , and established the reformed protestant religion ; & the first protestant queen who did the like ; to wit , king edward the 6. and queen elizabeth ; and more devout pious kings , queens , martyred for religion , canonized for saints , and reputed such in the churches of christ and kalendars of saints , than anie other kingdom or countrie in the world , how great or populous soever , as our own and forein histories record to our immortal honor. ) it then follows , the kings of sheba & seba shall offer gifts : yea , all kings shall fall down before him ( in way of adoration , & by their president and leading example ) all nations ( under them ) shall serve him . how can , how dare you then abolish kings , kingship , lords ( especially in our island ) without committing the highest treason , not only against our kings and lords ; but the lord jesus christ the king of kings , and lord of lords , since regnum angliae est regnum dei , & ipse sibi reges providebit : as our historians inform us : ) and can you resist his power with all your armed forces ? are you stronger than he , when he shall enter into judgment with you for depriving him of these titles ? 2ly . consider , it is gods special promise , covenant made to abraham the father of the faithfull , gen : 17.6 . i will make thee exceeding fruitful , i will make nations of thee , & kings shall come out of thee ; and his extraordinarie blessing on sara , v : 16. i will bless her , & she shall be a mother of nations , & kings of people shall be of her . 3ly , it was iudah his blessing , prerogative , gen. 49.8.10 . thy fathers children shall bow down before thee : the scepter shall not depart from iudah , nor a law-giver from between his feet until shiloh come . 4ly , when balaam prophecied of the happiness & prosperity of israel , he useth these as the highest expressions thereof , num. 23.21 . &c. 24.7 . the shout of a king is among them : and his king shall be higher than agag , and his kingdoms shall be exalted : 5ly , it is recorded by the spirit of god , 2 sam : 5.12 . david perceived , that the lord had established him king over israel , and that he had exalted his kingdom for his people israels sake . and when god ( after he made him king over them ) had promised by the mouth of the prophet nathan , 2 sam : 7.10 . moreover i will appoint a place for my people israel , and will plant them , that they may dwell in a place of their own , and move no more , neither shall the children of wickedness afflict them , as before time , under their iudges : how did god effect this promise ? but by establishing an hereditarie kingdom amongst them in david , during his life , whom he caused to rest from all his enemies round about : and when thy dayes be fulfilled , and thou shalt sleep with thy fathers , i will set up thy seed after thee , which shall proceed out of thy bowels , and will establish his kingdom ; and thine house and thy kingdom shall be established for ever before thee , and thy throne shall be established for ever , ver : 11 , 12 , 16. how much holy david was transported , yea ravished with this news from heaven , and with what enlargement of spirit he blessed god for , and prayed for the accomplishment of it , as the greatest blessing and confirmation of his people israel by god himself , v : 23 , 24 , and the highest honor , blessing , to his own house , you may read to the end of the chapter . thus again amplified by him in his speech to his princes , to his captains of thousands , of hundreds , officers , and other mighty men , 1 chron : 28.4 . to 10. the lord god of israel chose me before all the house of my father to be king over israel for ever ; and he hath chosen iudah to be ruler , of the house of iudah the house of my father ; and among the sons of my father he liked me , to make me king over all israel ; and of all my sons he hath chosen solomon my son to sit upon the throne of the kingdom of the lord over israel . and he said unto me , i will be his father ; moreover i will establish his kingdom for ever , if he be constant to doe my commandements and my judgements , as at this day . now therefore in the sight of all israel , the congregation of the lord , and in she audience of our god , keep and seek for all the commandements of the lord your god , that you may possess this good land ; and leave it for an inheritance for your children after you for ever . an hereditarie kingdom being the chiefest means and blessing under god to preserve the inheritances not only of the princes , nobles and mightie men , but even of colonels , captaines , and souldiers themselves , in gods and davids computation ; who lost all they had , by * forsaking their lawful hereditarie kings , and were carried into captivitie . 6ly , the accomplishment of this promise to david , & his seed , was reputed an extraordinarie blessing to the israelites , not only by king david , solomon , god himself , the people of ierusalem and the whole land , as you may read in the 1 of kings 1.36 , 37 , 38 , 39 , 40 , 45 , 46 , 47 , 48. c. 2.4.12 . c. 3.6 , to 15. c. 8.20 , 25 , 26 , 27. worthy perusal : but even by foreign kings and queens : witness that memorable letter of hiram king of tyre to solomon , 2 chron. 2.11 , 12. because the lord hath loved his people , he hath made thee king over them . blessed be the lord god of israel that hath made heaven and earth , who hath given to david the king a wise son , endued with prudence and understanding , that might build an house for the lord , and an house for his kingdom . and that speech of the queen of sheba to him , 1 kings 10.9 . 2 chron : 9.8 . blessed be the lord thy god which delighteth in thee to set thee on his throne to be king for the lord thy god : because the lord thy god loved israel to establish them for ever , therefore made he thee king over them to do iustice and iudgement . and the lord magnified solomon exceedingly in the sight of all israel , and bestowed such royal majestie , honor , and such riches on him and his people too , as had not been bestowed on anie king or people before him , 1 chron : 29.25 , 28 , 30. 2 chron : 1.9 . to the end . chap. 9.9 . to 30. neh. 13.26 . 7ly , god himself records by king solomon , prov. 20.8.26 . a king that sitteth in the throne of iudgment scattereth away all evil with his eyes , and bringeth the wheel over the wicked , prov : 29.4.14 . the king by iudgement stablishe● the land ; yea the king that faithfully judgeth the land , his throne shall be established for ever : and he resolves definitively against all opponents , eccles. 10.17 . blessed art thou o land , when thy king is the son of nobles . 8ly , god himself doth specially promise the succession and continuance of hereditarie kings and princes as a blessing , reward to his people for their obedience to his commandements , and chief means of their perpetual continuance in houour , peace and prosperity , jer. 17.24 , 25 , 26. &c. 22.4 . and it shall come to passe , if ye diligently hearken unto me saith the lord , to hallow the sabbath day , and do no work thereon , then shall there enter into the gates of this city , ( mark it ) kings and princes sitting upon the throne of david , riding in chariots , on horses , they and their princes , the men of iudah , and the inhabitants of jerusalem , and this city shall remain and flourish for ever . 9ly . it is very remarkable , that though divers of the hereditarie kings of davids posterity were verie wicked and idolatrous , yet god himself ( though * king of kings , who setteth up kings , and pulleth them down , and disposeth of the kingdoms of the earth to whom soever he pleaseth ) by reason of his oath and covenant made to david , would neither remove , nor disinherit them , thongh he did very sorely afflict and punish them for their iniquities , ps. 89 , 3 , 4 , 20. to 38. 2 sam. 7.11 . to 18. 1 king. 11 , 12 , 13 , 39. of this we have a memorable scripture-presidents 1 king. 15.3 , 4 , 5 ▪ ahijam king of iudah walked in all the sins of his father , which he had done before him , and his heart was not perfect before the lord his god , as the heart of david his father . nevertheless for davids sake did the lord give him a lamp in jerusalem , to set up his son after him , and to establish ierusalem ; because david did that which was right in the sight of the lord , so 2 chron. 21.5 , 6 , 7. jehoram reigned 8 years in jerusalem , and he walked in the way of the kings of israel , like as did the house of ahab , for he had taken the daughter of ahab to wife , and he wrought that which was evil in the sight of the lord. howbeit the lord would not destroy the house of david , because of the covenant he had made with david , and as he * promised to give a light to him and to his sons for ever ▪ which texts compared with psal. 131.11 , 12 , 13 , 14. infablibly ratifie these thtee conclusions . 1. that as gods covenant and oath made to david , and his royal posteritie , did not determine by davids death , but extended to all his posterity after him ; so our oaths of fealty , supremacy , allegiance , and solemn league and covenant , made to the late king , his heirs & successors in precise terms , determined not by his death , but remain to his royal posterity , and are perpetually to be performed to them , uuder pain of highest perjury , guilt , punishment , as is most apparent if compared with gen. 50.25 . exod. 13.19 . josh. 24.32 . josh. 9.15 , 18 , 19 , 20 , 21. 1 sam. 20 , 16 , 17 , 23 , 42 , c. 24.21 . 22 2 sam. 9.1 , 3 , &c. c. 21.1 . to 10. 2ly . that the sinnes and wickednesses of davids posteritie , did not cause god himself to break his oath and covenant with them , or jndicially to deprive or disinherit them of their crowns and kingdom , contrary to his oath and covenant , which he held inviolable and immutable , ps. 89.3 , 4.34 . psal. 132 11 , 12. heb. 6.17 , 18. much lesse then may we or any other subjects , who are but men infringe our oaths , covenants to our sacred hereditarie kings and their posteritie for their sinnes or wickednesse , nor disinherit thē of their crowns , scepters , lives , realm , ps. 15.4 . ec. 8.2 . 3ly . that a hereditarie succession of kings in the royal line , though many of them be wicked , is yet a special means ordained by god for the establishment , peace , perpetuity of their kingdoms and people : which else would be unsetled , distracted , consumed , destroyed by civil wars , distractions , and usurpers of the crown , destroying , murdering one another , as the kindom of israel was after the revolt of the ten tribes from the house of david , whose * hereditarie kingdom continued at least 134 years after the total destruction & captivity of the kingdom of israel : whose revolt from the house of david produced nought else but a succession of very wicked , idolatrous kings and usurpers , endlesse wars , miseries , publick idolatry , apostacie from god , all sorts of sins , rapines , and perpetual captivity , as the books of kings and chronicles resolve , especially 2 kings . ch . 17. in which revolt and rebellion , it is observable , that all the priests and levites , and all the godly men throughout the revolting tribes of israel , who set their hearts to seek the lord god of israel , left their possessions and went to ierusalem , and strengthened the kingdom of rhehoboam the son of solomon against the vsurper ieroboam , as the scripture records for their honour , 2 chron. 11.13 , 14 , 15 , 16. 10ly . upon this verie reason god himself records , that when * athaliah had slain all the seed royal but ioash , and usurped the royal throne for six years space , ioash being but an infant , iehojadah the high priest hid him from this usurper till he was seven years old , and then entring into a covenant with the captains of hundreds , rulers , and levites , they all assembled at ierusalem , & entred into an oath and covenant , that the kings son should reign as the lord hath said of the house of david . upon which they presently brought out the kings son , crowned , and anointed him their king , and said , god save the king. which athaliah the vsurper hearing , run out to the people , and cryed , treason , treason ; upon which iehojadah the priest commanded the captains of the host presently to seize upon her , and cary her out of the temple , and slay all that should follow her ; whereupon they laid hands on her , and carried her forth and slew her : after which iehojadah made a covenant between the king and the people , that they should be the lords people ▪ and all the captains , governors , nobles , and people of the land brought down the kings son from the house of the lord to the kings house , and set the king upon the throne of the kingdom . and all the people of the land rejoyced , and the city was quiet , after that they had slain athaliah with the sword , 2 kings , 11.4 &c. 2 chron. 23. this ‖ ioash being afterwards slain by the conspiracy of his servants against him , amaziah his son , reigned in his stead by hereditarie succession , who when he was established in the kingdō slew his servants that had slain the king his father , but not their children , according to the law of moses . after this * ammon the son of manasses succeeding his father , worshipping his idols , following his sinnes , and trespassing more and more without humbling himself ; his servants conspired against him , and slew him in his own house . but the people of the land slew all that had conspired against king ammon , and made josiah his son king in his stead , ( not disinherited him for his fathers and grand-fathers crying sinnes , ) as the only means ordained by god for their safety , peace and settlement which sacred presidents of gods own registring , and his peculiar peoples making in obedience to his commands , for our imitation in like cases , are a more real , sacred means to our present peace , safety , establishment , than any the army-saints , sectaries , iesuites , and westminster conclave can prescribe , and the parliament , statute of 27 eliz. c. 1. have declared , enacted it to be legal , as well as scriptural . 11ly . when god himself promised restitution from captivity , and resettlement , re-establishment to his people , he doth it by promising the restitution of their lawfull hereditary king and kingdom to them , and the re-uniting of their kingdoms ( formerly divided by rebellion against , and revolt from the house of david and hereditary royal line ) into one , mich. 2 , 13. c. 48. their king shall pass before them , and the lord on the head of them , even the first dominion , the kingdom shall come to the daughter of jerusalem . zech. 9.9 . &c. rejoyce greatly o daughter of zion , behold thy king cometh unto thee : be is just and having salvation , &c. and his dominion shall be from sea to sea , and to the end of the earth , isaiah 32.1 , 2. behold a king shall reign in righteousnesse , and princes shall rule in iudgement ; and he shall be as a hiding place from the wind , and a covert from the tempest , as rivers of water in a dry place , as the shadow of a great rock in a weary land , ezech. 37.22 , 24. and i will make them one nation in the land , upon the mountain of israel , and one king shall be king to them all , and they shall be no more two nations , neither shall they be divided into two kingdoms any more . and david my servant shall be king over them , they shall all have one shepheard over them : they shall also walk in my judgements , and keep my statutes , and do them . and they shall dwell in the land that i have given to iacob my servant , even they and their children , and their childrens children for ever , and my servant david shall be their prince for ever . which is likewise repeated and amplyfied ezech. 39.23 , 24. zeph. 3.13 , 14. jer. 23.4 , 5. c. 33.14 , 15 , 16. which texts , though mistically meant of our king and saviour jesus christ , hereditary son of david , according to the flesh , sitting upon his fathers throne , and ruling for ever over his mystical kingdom and church , as is evident by comparing them with isay 9. 6 , 7 , 8. dan. 7.27 . lu. 1.32 , 33. yet since king david , solomon , and other pious kings of israel , and their hereditary kingdom , were types of our spiritual king iesus , and of his everlasting , spiritual kingdom , and christ jesus under the very title , name , notion of an hereditary king alone ( not of an optimacy , oligarchy , popularity , democracy , or elective king ) is thus prophesied to be a saviour , redeemer , restorer , establisher , preserver , defender of his captivated , oppressed , inthralled , dissipated , divided , unreformed subjects , kingdom , church , people ; and his perpetual prese●● with and reign over them , is made the only ground of the restauration , unity , felicity , prosperity , safety , perpetuity of his kingdom and people , as david , solomon , and other good kings of israel were to their subjects during their successive reigns : and seeing christs mistical church and saints , are alwaies thus stiled his kingdom , a kingdom , but never a free-state , or common-wealth , at least but once , eph. 2.12 . the only text throughout the whole bible , where this word is mentioned in any kind , and that not in opposition , or contradistinction to a kingdom , but as the very same thing with it , ( as our kingdom in g some statutes in stiled a common-wealth ) as being the h excellentest , honourablest , durablest , freest , happiest , of all other forms of republick , under which general name it is comprised : it thence infallibly follows , that an hereditary kingship , kingdome , is the best , happiest , durablest , securest , honourablest , desireablest of all other governments whatsoever , being the verie government of jesus christ himself , who according to the flesh was born king of the iews , and sits upon the throne of david his father , mat. 2.2 . lu. 1.32 , 33. and was not chosen king by his saints , like an elective king ; but elected them to be his subjects ; as he expreslie resolves , iohn 15.16 . 1 pet. 1 , 2.9 . rev. 17.14 . and that the restitution of this our antient kingly government , ( not of a new jesuitical , spanish ; outlandish republick ) is the true and only way to our restauration , redemption , peace , settlement , safetie and future prosperity ; as the parliament and most excellent preamble of the statute of 25 h. 8. c. 22. ( worthy perusal ) resolves . wherin after many long intestine civil wars for the title , succession of the crown , and soveraigntie of our realm , the nobles and commons assembled in parliament , calling to mind , that the unity , peace , and wealth of this realm , and the succession ( and inheritance ) of the subjects in the same , most specially and principally above all worldly things , ( let our republicans , and westminster juncto observe it well ) consisteth and resteth in the certainty and surety of the procreation and posterity of the kings highness , in whose most royal person at this present time is no manner of doubt nor question , ( as the statutes of 1 iac. c. 1 , 2. resolve , there was none at all in king iames or king charles ) did thereupon by this special act , and a strict oath , declare aad establish the surety , title or succession of the grown of england in him and his heirs for ever , upon which dependeth all our joy and wealth , as they more at large expresse . 13ly . god himself in direct terms declares , that it is a matter and badge of honour and prosperity for any nation to be advanced from a commonwealth or principality into a kingdom , ezech. 15.13 , 14. thou didst prosper into a kingdom . and thy renown went forth among the heathen for thy beauty , for it was perfect through my comelynesse , which i put upou thee saith the lord : which compared with rom. 13.1 . let every soul be subject to the higher powers , for there is no power but of god , the powers that are are ordained of god , col. 1.16 . for by him are all things created that are in heaven , and that are in earth , visible or invisible , whether they be thrones or dominions , or principalities , all were created by him , and for him tit. 3.1 . put them in mind to be subject to principalityes and powers , to obey magistrates , 1 pet. 2. 13 , 17. submit your selves to every ordinance of man , for the lords sake , whether to the king as supream : fear god , honour the king ; are infallible demonstrations , that as kingdomes and kings are of divine institution and planting , so they are reputed , instituted by god and jesus christ , as the most prosperous , happyest , divinest , honourablest , supreamest of all other forms of government and governors whatsoever , created by and for iesus christ , and have been the very governments and governors alone , in and by which he hath precisely promised , declared , that he will most advance his own spiritual kingdom , church and glory , ( as is undenyable by * ps. 68.29.31.32 ps. 102.22 . 2 kings 19.19 . isay. 37.20 . rev. 11.15 . psal. 2.10 , 11. psal. 68.29 . psal. 72 10 11. psal. 102. 15. psal. 138.4 . ps. 144.10 ps. 148.11 . ps. 149.8 . isay 49.7 , 13. c. 52.15 . c. 60.3 , 10 , 11 , 16. c. 62.2 . rev. 21 24. ) the expresse lively images of christs own spi-spiritual kingdom , kingship , on whose throne alone they sit , as his vicegerents , 2 chron. 9.8 . col. 1.16 and therefore are stiled kings , kingdoms , not optimacies , or republicks ) yea not only kings but gods , and gods anointed , as well as christ himself , exod. 22.8 . iosh. 22 22. ps. 82 ▪ 1 , 6. iohn 10.34 . 1 cor. 8.5 . 2 sam. 12.3 , 5. c. 22 52. psal. 20.6 . isay 45.1 . lam. 4.20 . 1 sam. 16.6 . c. 24.6 , 10 c. 26.9 , 11 , 1 , 23 2 sam. 19.21 . 14ly . god himself in sundry scriptures positively declares , and denounceth the plucking up or rooting out of a kingdom , and making it no kingdom , or a base or viler kingdom than it was before ; and the leaving of an antient kingdom without a king , or hereditary successor or heir to sway the scepter , to be a most severe , sad , grievous iudgement and punishment on them for their crying , hainous offences and sinnes against him ; yea an immediate concomitant or forerunner of their utter desoiation , & a matter of present and future lamentation , not of a mercy , blessing , or cause of rejoycing , as our seduced bedlam-republicans , army-saints , and pseudo-politicians repute it , as all these texts infallibly resolve , judg. 17.6 , &c. c. 18.1 . &c. c. 17.1 . &c. c. 21.25 . hos. 3.4 . c. 10.3.7.15 . ( a notable scripture ) is. 9.2 , 11 , 12. c. 7.16 . amos 1.8.10.13 , 14 , 15. c. 2 , 2.5 . &c. mich. 4.9.10 . jer. 17.25.27 . c. 22.5 . to 30. c. 25.8 . to 38. ezech. 19.14 , 15. ( a signal text ) c. 17.12 , 13 , 14. c. 29.14 , 15. lam. 1.6 . c. 2.6.9 . c. 4.20 . c. 5.16 . hab. 1.10.14 , 15. nah. 3.17 , 18 , 19. hag. 2.22 . ezech. 21.26 , 27. against which scriptures ( worthie your particular perusal ) no one text can be produced , to prove it a blessing , benefit , honor to any kingdom or nation whatsoever . 15ly as for your new magnified common-wealth and aristocracie , preferred by you before our kings and monarchie , 1. consider that of prov. 28.2 . for the transgression of a land many are the princes ( or governors ) thereof , but by a man of understanding and knowledge the state thereof shall be prolonged : and compare it with hosea 10.3 . for now they shall say , we have no king because we feared not the lord , what then should a king do to us : lam : 5.16.8 . the crown of our head ( to wit , our king , c. 4.20 . ) is fallen : wo unto us that we have sinned : servants have ruled over us , there is none that delivereth us out of their hand . and then you must needs confess ; that your subversion of our kingly government by one single person , to set up a polarchie and new republike under many ‖ servants & governors , is in gods own , his churches , peoples account , an heavie judgement , vassallage , bondage on them for their transgressions , sinnes , and a matter of great lamentation , woe , ezech. 19.12 , 13 , 14. not a blessing , ease , libertie , means of their happiness or establishment . 2. consider , that you cannot derive the pattern of your new commonwealth from the scripture , gospel , church , or presidents of god and jesus christ ; but only from the a old heathen , bloudie romans , after their regifugium ; who were alwaies altering their government from one new form to another , continuing not long in anie one condition , till setled in an emperor , and empire ; and at last in a regal roman pontiff ; in which state it hath continued almost 1700. years ; and the new jesuitical models of parsons , campanella , richelieu , mazarine , spain , france , recommended to you from antichristian rome to work our ruine ; or at leastwise from the old seditious graecians and athenians ; who are thus branded in historians , (b) omnino ad commutandos reipublicae status erant versatiles , et omnium propensissimi ad vicissitudines ; ( as you and the army-officers now are ) which proved their utter ruine ; and caused endless wars and tumults between themselves , till they were subdued , enslaved by the macedonians , persians , romans , and other foreign kings ; as you may read at leisure in thucidides , diodorus siculus , xenophon , plutarch , arrian●● iustin , bp. vshers annales veteris testamenti ; whence heniochus an antient greek comaedian , compares aristocracie , and popularitie unto two scolding . women , who coming amongst the greek cities , put all things into tumult and disorder , making them bedlam mad against each other to their utter desolation . c tum geminae ad illas accesserunt mulieres quae cuncta conturbarunt : optimatitas est nomen alteri : alteri popularitas quarum incitatu , pridem externatae furunt . and have they not produced the self-same madness , furie , and sad effects among the armie , yea and our 3. kingdoms ? how then can you , or anie wise men , but only tom of bedlams , be anie longer in love with either of them , and preferr them before kings and kingship : when as your selves , as well as other members , declared , resolved in two d declarations of 12 april 1646. of 17 decemb. and in the votes of novemb : 9. & 23. 1647. that the agreement of the people for a representative and republike ( without a king and house of lords ) are not only seditious , but destructive to the very being of parliaments , and the fundamental government of the kingdom , by king , lords and commons . and is this then the way to peace or settlement ? e if the foundations be destroyed , what can the righteous doe to save or settle us ? o therefore let not that brand of the holy ghosts owne imposing rest anie longer on you , ps. 82.5 . they know not , neither will they understand ; all the foundations of the earth are out of course : and although you say , think you are gods , and are all the children of the most high in this pursute , yet you shal die like men , and fall like one of the princes : yea be buried in your own and your republikes ruines again , with greater infamie , shame , loss , than you were on april 20. 1653. when you were shamefully turned out of house and power together by those who now recall you , and yet will not take warning . mr. prynne is in good hopes , that all these undenyable , unanswerable scriptural considerations will fully convince and convert our republican conventicle , ( and army-officers too ) from their jesuitical destructive modle of a common-wealth , unto the love and restitution of our antient hereditary kings , kingship , as the only divine , saint-like , gospel , safe , probable way to our future lasting peace and settlement , which he intended to have propounded to them . finally , if you are resolved , notwithstanding the premises , to act as a parliament without your secluded fellow members , king , or house of lords , then follow the presidents of all your protestant predecessors in these particulars . 1. take into your saddest considerations the great increase , disguises of dangerous iesuits and other romish vipers now amongst us , which a. b. a jesuite in his mutatus polemo : or , the horrible stratagems of the jesuits lately practised in england , during the civil wars , and now discovered by him , a reclaimed romanist , imployed before as a workman of the mission from his holiness ; dedicated by him to your own president bradshaw ; published by special command of your new republike ( london printed for rob. white 1650. ) thus relates to your selves and the world , p. 3 , 4. that he could bring in to your counsel-table a horrible long catalogue of more perniciously damnable actors of jesuitical devils in mens shapes , yea in ministers too , crept in ( from forein seminaries ) to undermine our church and state , then was in the yeer 1605. in that infernal powder-plot : that there was one regiment , or more of them , under sir iohn kempsfield , a commander of the horse in the late kings armie : who discerning the kings inclination to close with the scots and presbyterians , and expecting no advantage to their cause by siding with him , held their private conventicles and councels at oxford , wherein they resolved to desert , and draw off all their own and all his other forces from him , and close with the prevailing parliament partie , which they accordingly effected : ‖ that upon the kings departing to the scots armie , and surrender of oxford , the jesuits , priests and popish partie under him , not only changed the habits of their minds , but bodies also : turning from upside cavaliers and high royalists , and god-dammees , holie converts and parliamenteers : nothing but the holy covenant being heard in their mouthes . for our bodies , proteus is lesse than a fiction to us . he that ere while was a commander in a ranting equipage , is now slinking into a coblers stall , or weavers loom , or tapsters apron , or coachmans box , or beggars weed , or horsemans frock , or serving-mans liverie , or tailors shop , or pulpit-thumping presbyters gippo , into what not . it is not unknown what trade we drive beyond sea , when no trade comes amisse to us . to make this good , our governors the states of this commonwealth ( if they will deign to hear me now their true servant ) shall bee eftsoon able to cull out manie a sheep-clothed-wolffrom their stations , stalls , looms , aprons , weeds , liveries , shops , yea and buff coats ; what say you to pulpits too ? let not engl. ( now like a bird ( ah me ! ) pursued by several fierce flying falcons , and too too near the intended hard gripes of their cruely sharp tallons ) either out of a dull or drowsie sottishness , or a phantastical humour of contradiction , suppose i speak what i know not : if i should tell them i can , and ( now being about to do it will ( but privately before authoritie ) produce a catalogue of catholicks , ( fathers , so we will be called ) of several orders and others that are natives , gone into remote counties , who duly go to church too , and of an incredible number now living in this commonwealth under several notions , whcih i my self can point at with a drie finger . i tell thee in general , there is scarce a town or citie , but in few miles of it i can furnish the reader ( to thy amazement be it spoken ) with some who have lived in england 1 , 2 , 3 , 4 , 5 , 6 , 10 , 20 , 40 , 50 years ( i. b. of ne. in es. ) unknown , unsuspected , but taken for clean contrarie ; let them avoid me if they can : they are his own words , page 26. to 37. he shews how mons. montril ( the french agent ) trepand the poor cavaliers of the kings partie , in transporting them out of scotland into france ; how they were there butchered by the french : such is their love to the royal party of england : what endeavours were used by card : mazarine , father d. and le m. to seduce and corrupt prince charls in his religion both before and after his fathers death ; and what promises were made both by the french and spaniard , that all catholick princes should be invited and consulted with for an unanimous invasion of england , if he would turn catholick . page 32 , 33. hee hath this memorable passage : during these sollicitations , news comes aloft upon the wings of the wind , that the people and state of england had summoned his father to an high court of judicature , to bring him to a trial for all the innocent bloud he had spilt , and the hideous devastations he had caused . this was no little good news to the cardinalitical party , ( i mean the iesuitical , ) ( this jesuit himself being then at the french and princes court in paris ) for in my next i shall satisfie thee , concerning their cunning workings ; how even those who pretend so much charitie to the son , ‖ did séek by all machinations to expedite and accelerate this high piece of iustice upon the father : and now , say his tutors to him , if they proceed to death with your father , it will prove the better for you ; for it shall utterly alien the hearts & affections of the people from them , and you shall finde them to be more eagerlie violent for your reinvestment , not considering the change of your religion , which by anie means shall not be known , but to your good catholick subjects of england , till such time as you have vested power enough into your own hands to protect it , and your self in it . but indeed the lad had somewhat of his fathers astutiousnesse in him ; and presently asked the cardinal the same question as his father once did the king of spaine , when he was almost easilie intreated to have turned to the faith catholick : how shall i ( said he ) ever expect to be king of england , if once the english should understand i have turned catholick ? to which they easilie gave a satisfactorie resolution , telling him ; that ( as the case now stood ) he must never look to be admitted , but by fire and sword : the main force of armes must make way for him , neither could he in the least atchieve that , or put it in execution without the ayde of catholike princes , which they will never be brought to act in without a firm assurance of your real and faithfull conuersion . what impressions the news of his fathers decollatiō made upon him ; what use the cardinal and iesuits made of it , to induce him and others to poperie ; and what endeavors were used by the iesuits to make up a peace between the spanish and french to invade england , and make it their prey if he would turn papist , under pretext of restoring him to his crown , you may read in this iesuit , p. 33 , 34 , 35 , 36. and in militiere his victorie of truth , dedicated to king charles after his fathers death , to pervert him in his religion , as the only means of his restitution . these passages of this iesuit , ( who stiles himself , p. 39. the faithful servant of the common-wealth of england . ) dedicated to president bradshaw himself , and printed by his special command , and our republican governours now sitting , ann. 1650. ( when mr. prynne was committed close prisoner by them without hearing , or accusation ) will justifie the truth of all his ‖ former discoveries ; that your beheading the king , and degrading our kingdom into a new free-state , was the verie french cardinals , spaniards , popes , and iesuits plot , to ruin both our protestant kings , kingdom , church religion , even by your own confessions , and that it gave unto them strong arguments , to perswade the kings posteritie and partie for ever to abominate our religion , as manie of them have done upon this very account , though the king himself , and his brothers yet continue constant ( through gods mercie ) against all provocations ; to their eternal honour , but your perpetual infamie , who have put them upon such direfull temptations . 2. before you engage in any other business , peruse all former acts and ‖ petitions of our protestant parliaments since 1 eliz. to this present against iesuits , seminarie●priests , papists , poperie ; the manifold mischiefs , dangers accrewing by their increase , toleration , and suspension of our lawes against them ; the causes of their growth amongst us , and remedies to prevent the same : then put them all ( with the oath of abjuration , and 5. bills against them , assented to by the late king in the last treatie ) into immediate , impartial vigorous execution . 3. imploy faithfull , knowing , stout , active persons , with sufficient power , and encouragements to discover , detect , apprehend them , under what ever disguise and shelter they now secure themselves : especially take diligent care to ferret these romish vermin and troublers of our israel out of all your armies , garrisons , camps , and all sectarian separate congregations , the boroughs wherein now they lurk securely , by putting them all to the test of the oaths of abjuration supremacie and allegiance . 4. permit no seminarie priests , friers , romish emissaries of any nation , but especially no iesuits of ‖ any their 4. ranks to remain in our realms , or dominions : it being impossible to enjoy any peace , settlement in church or state , or to expect anie dutifull obedience , quiet in or from the armie , whiles these ‖ firebrands of sedition , treason , remain within our coasts : upon which account they have been by sundrie proclamations of queen elizabeth , king iames and king charles , not only banished out of england , scotland , ireland , and all their dominions ; but likewise out of france , germanie , poland , bohemia , austria , moravia , transilvania , hungarie , venice , and other popish kingdomes , states , as well as out of the netherlands , denmark , sweden , and protestants territories : as the authors of all their wars , troubles , tumults , insurrections , rebellions , treasons , regicides , and the publike pests of church and state. 5. put no arms into anabaptists or quakers hands , ( formerly ‖ decrying them , as unlawful ) lest london become another munster , and england another germanie , in few moneths space . 6. since christ iesus , who is truth it self , hath laid down these 3. gospel-maxims of infallible veritie : mat : 7.15 . to 21. lu. 6.43 . &c. that ravenous wolves in sheeeps clothing , as well as trees , are and shall be known by their fruits . john 8.44 . you are of your father the devil , for his works ye doe . rom. 6.16 . that to whom ye yield your selves servants to obey , his servants ye are to whom ye obey . if all the premises infallibly convince your consciences , judgements , as they will and must do , that all the forementioned fruits you have produced since december 4. 1648. are the proper fruits of iesuits and romish wolves in sheeps clothing ; yea the very worst , sowrest of all their fruits and powder treasons : that the workes you have done in murdring our protestant king , destroying our parliaments , kingdoms , government , laws , secluding your fellow-members and lords house by force , erecting your new republike , and parliamentarie conventicle , &c. are the works of the iesuites and devil ; that you have yielded up your selves as obedient servants unto them in everie of these , against your own former oaths , protestations , vows , covenants , declarations , commissions , principles , professions , judgments , rightly informed consciences : the votes , obsecrations , disswasions of your fellow members , and most indeared protestant friends , ministers , relations : the indentures , desires of those counties , burroughs you represent : and that the very principles , by which you have acted since dec. 1648 and now again , are the very jesuits principles ; as you may read at leisure in iohannis mariana , de rege & regum institutione , l. 1. c. 6. creswels philopater , franciscus verona constantini , apologia pro johanne castellio et jesuitis ; iesuitae reinaldi liber , de iusta reipublicae christianae in reges impios et haereticos authoritate , &c. published under the name of william rosse , in ludovicus lucius historia jesuitica , l. 2. c. 3. hospinian hist. jesuitica , l. 3. & 4. & speculum jesuiticum , printed 1644. wherein you may truly view your iesuitical physiognomies , heads , perrewigs , instead of your old genuine protestant complexions , brains , notions , hair . and if the present fresh addresses , petitions of anabaptists , quakers , sectaries , from southwark , warminster , hertfordshire , kent , and other places to the army-officers , and your selves , with their late listings in the army , affronts to ministers in their churches , ejection of some of them to intrude themselves , alreadie budding forth , sufficiently discover whose servants you are , and whose drudgerie you must execute . o then immediately abjure , rescinde , and null them all with highest indignation , and persist no longer in any such destructive waies , counsels , projects , under any pretext , consideration , interest or perswasions whatsoever : but rather remember mr. oliver saint-iohns words ( now sitting amongst you ) in his argument at law against the earl of strafford ( printed by the commons house special order ) p. 64. in this i shall not labour to prove ; that the endeavouring by words , counsels and actions , to subvert the fundamental lawes and government of the kingdom is treason by the common law : if there be any common law treasons left , nothing treason if this be not , to make a kingdom no kingdom : and then consider sir edward cooks memorable observation ( published by the commons order ) 3 instit. c. 2. p. 35 , 36. it appeareth in the holy scripture , that traytors never prospered , what good soever they pretended , but were most severely and exemplarily punished ( in conclusion : ) which he proves by the examples of corah , dathan , and abiram , num. 16.31 , 32. c. 27. 3. athaliah , 2 kings 1.1.16 . bigthan and teresh , esth. 2.21.23 . c. 6.2 . absolom , 2 sam. 18.9.14 . abiathar , 1 king. 2.26 , 27. shimei , 2 sam. 6.5 , 6. 1 kings 2.8.46 . zimri 1 kings 16 , 9.18 . theudas , acts 5.36 , 37. and iudas iscariot , the traytor of traytors , acts 1.18 . mat. 27.5 . peruse over all our books , records , his●ories , and you shall finde a principle in law , a rule in reason , and a trial in experience , that treason doth ever produce fatal and final destruction to the offender , and never attaineth to the desired end ( two incidents inseparable thereunto . ) and therefore let all men abandon it as the most poisonous bait of the devil of hell , and follow the precept in holy scripture : ‖ fear god , honor the king , and have no company with the seditious felix quem faciunt aliena pericula cautum . so he . now because m● . p. finds some grandees of his own profession sitting in the house to countenance and make up this vnparliamentary iuncto , he shall desire them in the first place seriously to consider , how much they have formerly and now again dishonoured themselves , and the whole profession of the law , in sitting in , complying with , acting under , such illegal anti-parliamentary conventicles , powers , changes , changers ; yea crying them up for legal english parliaments , powers , obeying , executing all their illegal new knacks , orders , ordinances , as acts of parliament in civil , criminal , real or personal causes , against all records , law-books , presidents of former ages , their own judgments , oaths , science , consciences , to the intollerable scandal of their robe , the injurie , abuse of the whole nation , the prejudice of all their lawfull superiours and the publick , the encouragement of usurping traytors , tyrants , oppressors , in their waies of wickedness , the ill example of most others , and their own just reproach . 2ly . to observe , how god in his retaliating justice , hath recompensed this their wilfull prevarication upon their own heads , by turning many of them out of their respective places of judicature , honor , profit , ( the ground of this their sinfull complyance ) with infamy , dishonour , reproach , even by the very persons with whom they unworthily complyed , and those especially in present power , who had neither been an house of commons , much lesse a mock parliament , without their presence and complyance . 3ly . that the base unworthy , unchristian complyance of the lawyers and clergy of england , with our late trayterous innovators , usurpers , out of base fear , sordid covetousnesse , ambition , self-saving , or self-seeking , to the prejudice , ruine of king , kingdom , parliament , lords , law , hath brought an universal odium upon them , with those with whom they most complyed , as well as others , the army officers and present iuncto , under a pretext of reformation , designing both their ruines through the jesuites politicks , who now bear greatest sway , having turned many of them with scorn and contempt out of their former places of judicature , beyond their expectations , and reviled both their persons and professions , to their faces , as a generation of sordid temporizers , and useless , faithless persons , not fit to be entrusted any more , but discarded out of their new lawlesse republick , which hates both law and gospel , as warranted by neither , and repugnant unto both . 4ly . that the only way now to regain their lost honour , and preserve both our laws , liberties , religion , establish future peace , settlement , and prevent impendent ruine , is , to endeavour to restore our antient , hereditary , just , legal kingship , kings , governors , government , with all their necessary invaded prerogatives , lands , revenues , rights , jurisdictions , and inviolably to preserve them with their lives and estates against all conspiracies of popes , jesuits , and foreign enemies to subvert , and undermine them in any kind ; as the several memorable parliaments and statutes of 29 h. 6. c. 1.31 h. 6. c. 1.39 h. 6. c. 1.25 h. 8. c. 22.2 e. 6. c. 26.7 e. 6. c. 12. 1 eliz. c. 3.4.20 . 5 eliz. c. 1.29.30 . 1 ▪ eliz. c. 1.2 . 23.24 . 18 eliz. c. 21.22 , 23 eliz. c. 1.13.14 . 27 eliz. c. 1.2.28.21 . 29 eliz. c. 7 , 8. 31 eliz. c. 14 , 15. 35 eliz. c. 2.12 , 13.39 eliz. c. 26 , 27. 43 eliz c. 17 , 18. 1 jac. c. 1. 3 jac. c. 1 , 2 , 4 , 5 , 25 , 26. 7 jac. 6 , 22 , 23. 21 jac. c. 32 , 33. & 3 car. c. 5 , 6. in their respective preambles and bodies ( worthy our most serious review in the statutes at large ) resolve , being more to be credited , pursued , than all the rash jesuitical suggestions , votes , and inconsiderable resolutions of any unparliamentarie conventicle , or upstart pseudo-polititians , advancing themselves to the helm of our new republick , by colour of the statute of 17 car. 7. which bill by the commons house resolution in their ‖ remonstrance of 15 dec. 1641. seems to be some restraint of the regal power in dissolving of parliaments , not to take it out of the crown , but to suspend the execution of it for the time and occasion only , which was so necessary for the kings own security , and the publick peace , that without it they could not have undertaken any of those great things , but must have left both the armies to disorder and confusion , and the whole kingdome to blood and rapine , therefore the parliament must needs determine by the kings death , as he hath infalliby evidenced beyond contradiction . in the last place , mr. prynne shall most importunately beseech all the antient nobility , secluded members , well-affected gentry clergy , commonalty of the english nation ( which had never so many effeminate , false heads , and hearts as now , many a jesuite , priest , monk , lurking under the disguise of womanish perewigges brought into fashion by them ) as they now tender their own private , or the publick safety , weal , settlement , and preservation of our endangered church , religion , kingdom , parliament , laws , privileges , properties , and prevention of their impendent ruine . first of all seriously to consider , lament , cast off , reform , their own late , present , monstrous sottish stupidity , sleepinesse , b self saving , self-seeking spirits , and most unworthy , un-manly , un english , unchristian pusillanimity , cowardize , c fear of a few contemptible mercinary mortal men , who shall shortly dye , and become as dung upon the earth ; and their grosse breach of all publick oaths , protestations , leagues , covenants , in not opposing , resisting them manfully in their several places and callings ; which hath been the principal cause of all the publick changes , innovations , oppressions , grievances , exorbitances , insolencies , they have hitherto suffered by their own armed hirelings , and are the d saddest symptomes of our approaching imminent desolation : if not speedily repented , redressed , ere it be over late . 2ly . to pursue these gospel advises , 1 cor. 16.13 . watch ye , stand fast in the faith , quit ye like men , be strong . gal. 5.1 . phil. 1.27 , 28. stand fast in the liberty , wherewith christ hath made you free , and be not intangled again with the yoke of bondage ; in one spirit , striving together with one mind for the faith of the gospel , ( the fundamental , laws , liberties , government , privileges of the nation . ) and in nothing terrified by your adversaries , which will be to them an evident token of perdition , but to you of salvation , and that of god. 3ly . do you all now publickly , resolutely , constantly , unanimously , ( according to the e tenor of the solemn league and covenant ) claim , assert , vindicate , and endeavour to preserve with your lives and fortunes , the reformed religion , worship , doctrine of the churches , the rights and privileges of the parliaments , the laws and liberties of the kingdoms of england and scotland , and the kings majesties person , authority and posterity , in the defence and reformation of the true religion , and liberties of these kingdoms . and with all faithfulnesse endeavour , the discovery of all such as have been , are , or shall be incendiaries , malignants , or evil instruments , by hindring the reformation of religion , dividing the king from his people , or one of the kingdoms from the other , making any factions or parties among the people , contrary to this league and covenant , that they may be brought to publick tryal , and receive condign punishment ; assisting , defending each other in the maintenance and pursuit thereof , without any division , withdrawing , defection , or detestable indifferency , or neutrality whatever . for which end , in a brotherly , friendly , christian , yet stout and resolute manner , demand publickly of the general counsel of army officers , and their westminster conventicle . 1. by what lawfull commission , authority , or warrant from god , our laws , or the generality of the people of england ( whom they have voted the supream authority , and whose servants they pretend themselves ) they have formerly and now again , forcibly secluded the whole house of lords , and majority of the commons house , from sitting in our parliamentary counsels , or the old parliament if yet in being , and made themselves not only a commons house , but absolute parliament without a king or them , contrary to the very letter , scope of the act of 17 car. c. 7. by which they pretend to sit ? 2ly . by what authority they presume to turn our most antient , glorious , famous , honourable , first christian kingdom , into an infant , base , ignoble , contemptible sectarian free-state or commonwealth , and disinherit our hereditary kings and their posterity , e against all our laws , statutes , declarations , remonstrances , oaths , vows , protestations , leagues , covenants , customs , prescription time out of minde , liturgies , collects , canons , articles ; homili●s , records , writs , writers , and their own manifold obligations to the contrary for their inviolable defen●e , support , and preservation , only in pursuit of the jesuites , popes , spaniards , and french-cardinals forecited plots ; and who gave you this authority ? the rather because the whole english-nation , and high court of parliament , wherein the whole body of the realm is , and every particular member thereof , either in person or representation , ( by their own free-elections ) are deemed to be present by the laws of the realm , did by an expresse act , 1 iacobi c. 1. ( worthy most serious consideration ) with all possible publick joy and acclamation , from the bottom of their heart ▪ recognize , and acknowledg , ( as being thereunto obliged , both by the laws of god and man ) that the imperial crown of this realm , with all the kingdoms , dominions , and rights belonging to them , immediately after the death of queen elizabeth , did by inherent birth-right , and lawfull and undoubted succession descend & come to king iames , as next and sols heir of the blood royal of this realm , and therunto ( by this publick act o● parliament , to remain to all posterity ) they did humbly and faithfully submit and oblige themselves , their heirs and posterity for ever untill the last drop of their bloods be spent , as the first fruits of this high court of parliament , and the whole nations loyalty and faith to his majesty and his royal posterity for ever : upon the bended knees of their hearts agnizing their most constant faith , obedience , and loyalty to his majesty and his royal posterity for ever . after which the whole english nation , and all parliaments , members of the commons house ever since , and particularly all members of the parliament of 16 caroli , continued by the statute of 17 car. c. 7. pretended to be still in being , did by their respective oaths of allegiance , fealty , homage , and supremacy , ( containing only such duty , as every true and well-affected subject not only by his duty of allegiance , but also by the com●●mandement of almighty god , ought to bear to his majesty his heirs and successors , f as the parliament , and statute of 7 iac. c. 6. declares ) joyntly and severally oblige themselves , to bear faith and true allegiance not only to his majesty , but his heirs and successors , and him and them to defend to the uttermost of their power against all attempts and conspiracies whatsoever , which shall be made against his or their persons , g their crown and dignity , or any of them , and to maintain all iurisdictions , preheminences , authorityes , justly belonging , united , or annexed to the imperial crowu of this realm ; which all members of the long parl. & those now sitting ratified , not only by hundreds of printed declarations , remonstrances , ordinances , but likewise by a religious protestation , vow , and solemn national league and covenant , ( publickly sworn and subscribed with all their hands , in the presence of god himself , and by all the well-affected in these three kingdoms ) but by all our ordinary publick liturgies , collects , directory articles , homilies , prayers before sermons , in all or most of their families , closet-prayers , yea graces before and after mea● , wherein they constantly prayed to god , ( according to the h practise of the saints in the old and new testaments , the primitive church of god , and heathen nations , & of the church , parliaments of england themselves , in all age● , ) not only for the health , life , wealth , safety , prosperity , preservation , salvation of our kings and their realms , but likewise of their royal issue and posterity . that there might not want a man of that race to sway the scepter of these realm , so long as the sun and moon shall endure , or to the like effect and if they cannot sufficientlie satisfie your judgements , consciences , in this particular , nor answer the precedent reasons in defence of our hereditary kings & kingship , against their vtopian republick , then take up the peremptory resolution of all the elders , and tribes of israel , when oppressed by samuels sonnes mis-government , turning aside after filthy lucre , and perverting iudgement , 1 sam. 8. and say resolutely to them , we will have no new common-wealth nor vnparliamentary conventicle to rule over , oppresse , ruine us , nay , but we will have a king ( our own lawfull hereditary king ) to reign over us , that we also may be like all other nations , ( yea like our selves and our ancestors in all former ages ) and that our king may judge us and go out before us , and so put a speedy end to all our present & future changes , wars , troubles , fears , dangers , oppressions , taxes ; and restore us to our pristine peace , settlement , unitie , amitie , securitie , prosperitie , felicitie , upon the propositions assented to by his beheaded father in the isle of wight , whose concessions the ho : of commons without division , after 3. daies and one whole nights debate ; ( 4 dec. 1648. notwithstanding all the armies menaces ) resolved upon the question , to be a sufficient ground for the house to proceed upon for the settlement of the peace of the kingdom : upon better terms , and greater advantages , than ever they have yet enjoyed , or can possiibly expect from any new free-state , or other new armie government or governours whatsoever . the old parliaments , statutes of 25 h. 8. c. 22.26 . h. 8. c. 3. & 1 eliz. c. 5. ( the most impartial judges in this case ) long since resolving , that it is , and of very right and duty ought to be the natural inclination of all good people , like most faithfull , loving , and obedient subjects , sincerely and willingly to defire and provide for the supportation , maintenance . and defence of the person , crown , royal estate and succession of their dread soveraign king , upon and in whom all their worldly ioy and wealth , and the surety of them all , next under god , doth principally depend ; as we have experimentally found by all the miseries , oppressions sustained under our late new forms of governments and governors , whose * little fingers have been heavier than our kings whole loyns ; and the cousels , proceedings , of our young raw statesmen , more pernicious , exorbitant than the old ones under our kings . which should engage all to return to their old kingly government . 4ly . if they will not upon anie terms be serued up to such a degree of christian , or old english resolution , as thus to expostulate with their servants , hirelings , and fellow members , after so manie high and bloudie contestations with their lawfull soveraign in parliaments , and the field , when their laws , lives , liberties , church , religion , kingdom , and all earthly comforts were less endangered than now in their own judgements ; mr. prynne shall then intreat them only to take so much courage , as over-timerous * king iehoshaphat and his cowardly people did , when three confederated forein nations came up to invade and destroy their kingdom ; and to act as they did then . first , let them appoint a publike fast throughout the kingdom , citie , countrie , and use the self-same praier as they used . o our god , will thou not judge them ! for we have no might against this great companie , ( no nor that little conventicle , inconsiderable handful of armie-men & sectaries now combined against us ) but our eies are unto thee ; annexing to it this praier of david , ps. 140. deliver us o lord from the evil man , preserve us from the violent men , which imagin mischief in their heart , continually are they gathered together for war. grant not , o lord , the desire of the wicked ; further not their wicked devices , lest they exalt themselves , let the mischief of their own lips cover them ; let them be cast into deepe pits , that they rise not up again : let not an evil speaker be established in the earth ; let evil hunt the men of violence to their overthrow : then pursue the prophets advice from god unto them . hearken ye all iudah , and ye inhabitants of ierusalem , thus saith the lord god , be not afraid nor dismaid , by reason of this great multitude ( much less of this small conventicle ) for the battle is not yours , but gods. to morrow go out against them , ye shall not néed to fight in this battle : only set your selves ( in array against them ) and stand still : ( keep your ground , fear not , submi● not to their power , usurpations , impositions in any kind ) and the lord will be with you ; whereupon they rose early in the morning , and went out against them with their priests before them , singing praises and psalms of thanksgiving to god. and when they began to sing and praise , the lord set ambushes against the children of ammon moab , and mount-seir , which were come against judah , and they smote one another ; for the children of ammon and moab stood up against them of mount seir , utterly to slay and destroy them ; and when they had made an end of them , every one helped to destroy another . and when iudah looked upon the multiude , behold they were dead bodies fallen to the earth , and none escaped . whereupon jehoshaphat and his people gathered up their spoiles for 3. daies space together , they were so great ; and on the 4 th day they blessed the lord , and returned with joy to jerusalem , ( without the losse of anie one mans life , or one stroke struck by them ) because the lord fought against the enemies of israel . imitate but their example herein ; go out only couragiously against these invaders of your countries rights , liberties , privileges , without fear or dispondencie ; own not their incroached parliamentarie power , acts , imposition , edicts , taxes , excises in anie kind ; keep fast your purse-strings , and part with no farther pay to your armie-saints , till they obediently submit to your commands , as their masters , and acknowledge themselves to be your mercinarie servants , not your soveraign new lords , masters : then without any more fighting , bloudshed , danger to your persons or estates , you shall soon behold the mungrel multitude of anabaptists , quakers , sectaries , republicans , vanists , cromwellists , iesuits , papists , now combined against you , divided against each other ( as you see they are pretty well ) and every of them will help to destroy one another , as they begin to doe ; and their westminster new-convened vn-parliamentarie conventicle thrust out of doors by themselves again , with greater scorn , infamie , derision , damage to them , than heretofore : as obad. 10.15 . ezech. 35.15 . deut. 32.35 , 36.41 , 42. ps. 7.15 , 16. ps. 9.15 . ps. 140.11 . prov. 12.2 , 3 , c. 24.21 , 22. mich. 3.9 . to 13. hab. 2.12 , 13. rev. 13.10 . c. 17.6 . c. 16.4 , 5 , 6. mat. 7.2 . judg. 1.6 , 7. may assure both you and them , compared with gods late wonderfull providences of this kind upon all sorts of innovators : so as you may sing , k they are brought down and fallen , but we are risen and stand upright . but if you neglect or refuse to follow this advice ; beware lest through your unworthie cowardize and negligence in this kinde , you become not a speedy prey to these ravening wolves , l now likely to transform london into another m munster , and england into a second germanie ; as in the year 1534. mr. prynne having thus fully , faithfully , sincerely discharged his dutie , and satisfied his own conscience ; is resolved to n lie down quietly , to take his rest , and hope for the salvation of his god ; concluding with the words of st. paul in a like case , 2 tim. 4.6 , 7 , 8.16 , 17 , 18. i am now ready to be offred , and the time of my departure is at hand . i have finished my course , i have kept the faith : henceforth there is laid up for me a crown of righteousness , which god the righteous iudge shall give me at that day . at my first answer no man stood by me , but all men forsook me : i pray god that it may not be laid to their charge : notwithstanding the lord stood by me and strengthned me , that by me the preaching might be fully known , and that all the gentiles might hear : and i was delivered out of the mouth of the lyon , and the lord shall deliver me from every evil work , and will preserve me to his heavenly kingdom ; to whom bee glorie for ever and ever , amen . isay 8.9 . to 16. associate your selves o ye people , and ye shall be broken in pieces ; gird your selves and ye shall be broken in pieces ; take counsel together , and it shall come to nought ; speak the word and it sh●ll not ●tand : for god is with us . for the lord spake thus to me with a strong ●eud , and instructed m● , that i should not walk in the way of 〈…〉 ; saying , say not a c●nfedera●ie , to whom this people shall say a confederacie , neither fear ye their fear , nor be afraid . but sanctifie the lord of hosts himself , and let him be your fear , and let him be your dread , and he shall be for a sanctuarie . ps. 26.3 , 4 , 5. o lord , i have walked in thy truth ; i have not sat with vain persons , neither will i goe in with dissemblers . i have hated the congregation of evil doers , and i will not sit with the wicked . pro. 29.25 . the fear of man bringeth a snare , but he that putteth his trust in the lord shall be safe . ps. 18.46 , 48 , 50 : ps : 144.10 . the lord liveth , and blessed be my rock , and let the god of my salvation be exalted . he delivereth me from mine enemies , yea thou liftest me up above those that rose up against me ; thou hast delivered me from the violent man : therfore will i give thanks unto thee , o lord , among the heathen , and sing praises unto thy name . it is he that giveth salvation unto kings , that delivereth david his servant from the hurtfull sword . great deliverance giveth he unto his king , and sheweth mercy to his anointed ; to david and to his seed for evermore . thomas campanella de monarchia hisp : c. 30. omnis haeresis cum ad ath●●ismum delapsa est per sapientem prophetam in veritatis viam reducitur ; habent enim haereses periodum suam ad modum rerum publicarum ; quae à regibus in tyrannidem ; à tyrannide in statum optimatium , et inde in oligarchiam , atque tandem in democratiam , ‖ & in fine rursus in statum regium revolvuntur . william prynne . from my studie in lincolns inne may 18. 1659. finis . errata . page 34. l. 15. dele it ; p. 35. l. 4. melston , r. millington , p. 41. l. 18. precope ; p. 48. l. 10. r. 1648. p. 49. l. 38. erecting , r : exciting ; p. 69. l. 16. both , r. doth ; p. 75. l. 7. as , r. was . notes, typically marginal, from the original text notes for div a56219-e610 * see the epistle and appendix to my speech in parliament ; and the 2d part of the history of independency . (a) the true state of the case of the common-wealth in reference to the government by a protector and a parliament : mainta●ning therein a full conformity to the declared pr●nciples and engagements of the parliament and army . i● being the opinion of divers persons who throughout the late troubles have approved themselves faithfull to the cause and interest of god and their country presented to the publick , for the satisfaction of others , printed 1654. p. 9.11 . which mr. prynne had then in his pocket . * ian. 6.1 * comforting , supporting himself against all persecutiōs , reproaches , libels , calumnies cast upon him : with mat. 5.10 , 11 , 12. 1 pet. 3.14 , 16 , 17. c. 4.12 , 13 , 14 , 16. phil. 1.29 . 2 cor. 4.8 , 9 , 10 , 11 , 16 , 17. c. 1.3 , 4 , 5 , 12. (a) see mr. prynnes epistle and appendix to his speech in parliament , his 2d . part of the narrative of the armies force , 1640. and a new discovery of free-state tyrany . 1655. (b) see his brief memento to the present unparliamentary iuncto . 1648. (c) in his memorial for reformation of england . 1590. wat●ōs quodlibets p. 92. to 96.310 . to 334. wil. clarks his answer to father parsons libel . p. 75. (d) de monarchia hispanica , c. 25 , 27. (e) romes master piece , and hidden works of darkness brought to publick light . (f) historia part 3d. venetiis , 1648. p. 175 , 176. (g) see the instrument of government , and petition and advice , section 1. * a collect p. 849 , 858 , 862 , 863 , 867 , 868. i appendix to his speech , p. 118. and relation of the members seclusion . * see mr. prynne good old cause stated & stunted , p. 3 , 4 , 5.6 , 10 , k see mr. p ▪ his gospel plea , watsons quodlibets , and rhe case of ●he common wealth of england rightly stated . l see his legal plea against illegal taxes , his legal vindication , p. 3 , ● , 4. his brief register of parliamentary writs , and plea for the lords . l ● e. 1. restall armor , 1. cooks 4 instit. p. 14. mr. prynnes brief register of all parliamentary writs p. 27 , 28.177 , 215 , 216. exact abridgement of the records in the tower , p. 11 , 12 , 14 , 17 , 19 , 22 , 27 , 36 , 38 , 195. m mr. prynnes brief register and survey of parliamentary writs p 431. n see their votes , jan. 6. declaration , 11 martii 1648. the agreement of the people and armies remonstrance and petition nov. 16 ▪ 1648. & ian. ●0 . 1649. o 1 jac. ch . 1. ash-parliament . 10. p cl. 33 e. 1. m. 4. dors . q 1 h. 4. rot. parl . n. 25. plea for the lords , p. 434. canterburies doome , p. 27 , 31. mr. pyms speech ▪ 16 f●br . 1640. * see his legal vindication against illegal taxes . p. 44. to 51. his plea for the lords : and brief register . * mr. rushworths historical collect. p. 2●0 , 271. s cooks 4 instit . c. 1. cromptons jurisdiction of courts , br tit. parliament . a brief register , survey of parliamentary writs p. 42● , 423 , 424 , 432. mr. rushworths historical collection , p. 423. t cooks 7 report , calvins case , f. 10. * 4 e , 4. & 44. v see mr. prynnes brief register , kalendar & survey of parliamentary writs . a cooks 1 instit . p. 181. b. & 5 rep. f. 9. dyer 190 , 191 ash. authority 22.24 . & the books there cited , 19 h. 7. c 7. * dyer , f. 60. b modus tenendi parl. h. de knyghton de event . angliae l. 5. col . 2680.2681 . grafton p. 349 , 350 , mr. prynnes plea for the lords , p. 27 , 29. exact collection , p. 125.142.360 . c plowden , f. 117. dyer , f. 107. b. mr. seldens titles of honor , & mr. prynns plea for the lords , and house of peers . d cooks 4● instit. p. 25.51 e. 3. rot . parl. n. 47. ● r. 2. rot . parl. 2 n. 52.11 h. 4. n. 30. e exact collection , p. 163 , 164 , 250 , 316 , 317 , 318 , 312 , 793 , 794. x cooks 7 report . calvins case , f. 10 11. y see the history of the independency , part 2. salmatius & bochartus . * hab. 2.12 . objection 2. answ. nota. * better acts than ever the republicans made or intend to make for the peoples ease and benefit : who only doubled , trebled all their taxes , grievances , insteed of removeing them . n brooke , perkins , fitzherbert , ash. tit. condition 29. o serj. finch his maximes of the law , cook and others . d exact col. p. 41. e exact col. p. 203. f exact col. p. 260. g exact col. p. 704. h exact collect . p. 250. i exact collection p. 323. k exact collect . p. 364. * some of them prisoners in execution , sent for out of goal , to make up an house . * 2 kin. 21.23 , 24 , c. 14.5.6 , 1 1 king. 16.16 to 21. * see exact col. p. 135 , 148 , 317 to 314. a alexand. ab alexandro , gen. dierum , lib. 3. c 2 , 10. 2 sam. 16 , 18. c. 19.41 , 42 , 43.8 , 11.6 . c. 7.33 h. 8. c. 27. exact collect. p. 146. b page 23. sect . 4. printed by the armies special order , 1649. * ol. cromwell , ireton , corn. holland , and others of them , stiled themselves a mock-parliament as iohn lilburn affirms . c grotius de jure belli , l. 2. c. 15. sect . 3.16 . d plowdons comentaries , f. 10.107 , 108 , 350 , 364. 4 e. 4.4 . a watsons quodlibets ● . 144 ▪ 332. b quodlibets , p. 322 , 323 , 333 , 334 , 39.209.305 , 306 , 306 , 307 , 309. b quodlibets , p. 322 , 323 , 333 , 334 , 39.209.305 , 306 , 306 , 307 , 309. nota. c quodlibets , p. 27 , 28 , 169. d quodlibet , 9. p. 286 , 430 332. nota. e here p. 19. f imaginū antwerp , an . 1940. speculum jesuiticum , p. 210. g see his epistle before his historical and legal vindication , &c. an. 1655. h romes master piece , hidden works of darknesse , &c. a collection of ordinances , p. 245 i a collect. of ordinances . p. 245. k a collect. p. 151 , 852 , 858 , vid wekye of durb . a collect. p. 906. l romes masterpiece m a collect. p. 267. the history of independency part 2. n the history of the independency p. 2. o see mr. prynnes speech , memento , & epistle to his historical & legal vindication . ludovicus lucius , hist. iesuitica , p. 144 , 156 , 170. p see the false iew , and his examination , printed 1653. q see his epistle before his printed book . 1652. * see his iustice ō the armies remonstrance . 1649. a see the prositions to the king , and mr. prynnes speech , p. 57 , 58. his discovery of free-state tyranny . p. 18. b see their votes in feb. 1648. and act for taking the engagement , sep. 6. 1649. c 7 iac. c. 6. ro. bellar. responsio ad apol. pro iuramento fidelitatis . d see the lord william hewards and prestons books in defence of the oath . mr. rushworths historical collections , p. 347. e see the 2d . part of the history of independency . f 3 iac. c. 4. g see grotius de lure belli , l. 2. c. 13. dr. sanderson of oaths . h see their knack , sept. 6. 1649. ●●peculum ●●uit . p. 40. ●●7 , 218. lu●●vicus luci●● hist. iesuit . 〈◊〉 c. 2 p. 237 , ●●3 , 288.300 , ●●9 . near two ●●ndred thou●●d pounds a 〈◊〉 more 〈◊〉 all the ●● venues and ●●xes ●●ount to , 〈◊〉 good ●●bands are k see the diuruals and almanacks from 1648. to 1653. v see mr. prynnes di●scovery of free state tyranny , p. 19 , 20. see prynnes ●pistle before 〈◊〉 legal and ●●storical ●ollections , ● . 1655. ●ee the 2d . ●t of the ●●story of in●●pendancy . n see his book and description of the west-indies . o see romes master-piece and hidden works of darkness brought to publick light . * herep. 19. p see mr. prynnes 3d. part of his legal historical vindication & collection , &c. p. 343. to 397. q ibid. p. 391 , 392. flor. wigorn , sim. dunelm . hoveden , mat. westm. mat. pa●is , bromton , anno 1066 , 1067. r malm. de gest. reg. l. 3. p. 103. s malm. ibid. sim. dunelm . col. 213. brompton , col. 976. t flor. wigorn . p. 556. sim. dunelm . col. 216 , 217. u flor. wigorn . p. 464. sim. dunelm . col. 223. hov. annal pars 1. p. 466. * malm. de gestis reg. l. 3. p. 103. * mat ▪ 25.41 , 42 , 42. * see august . tom 10. ser. 21. * 1 pet. 4.18 . z epistola 4● . tom. 2. see homil. 50. set . 21. tom. 10. peter lumbard , sent . l. 4. dist . 16. and the schoolmen on him . alex. alensis , sum . theol. pars 4. quaest 24. mem . 5. * sodainly takē frō his son by his nearest relations and army-officers , notwithstanding their proclaiming him his successor , and all addresses to live and dye with him ; and that without one drawn sword . * august . ep. 44. * ferdinandus imperator , subegis austriam , bonemiam , moraviam , s●●siam , hurgatiam , palatinatum utr●mque , ex lisque hae●eticutum patriarch●s hus●itas , & rebellionum faces calvinistas , expulit & prostigavit . agit● pri●cipes generosi , pargit● magnis animis , opu● foericibus adeo auspiciis caeptum confi●●● 〈◊〉 paribus studi●● rebellem calvini chaeresin paene ●vulsam stirpitu● ubilibet eradicate , ut p●tti●●● & pestiferis memb●i● dissectis , germania redinteg●ati , revalescere , pristinasque vires et robut queat collige●e , &c. cornelius cornelli jesu●●● . praes●t . 24 s. trini●a●●● , commenta●iis in m●●ores propherus praefix : so● militiere his victory of truth . * rom. 3.8 . a de monarchia hisp. c. 25 , 2● , 27. b see his instructions . c paulus windeck de extirpandis haeresibus antid . 10.11 p ▪ 408.412.480 . & 244. hospinian hist. jesuit . l. 3. & l. 4. p. 212 , 213 , 214. lud. lucius , hist. jesuit . l. 1. p. 175. l. 2. p. 186 , 187 , 188. johan . cambilhonus , de rebus jesuitarum abstrusio●ib us . an. 1608. d see my 1. & 2. demurrer to the jews long discontinued remitter into england . * see hete , p. 42 , 43. my quakers vnmasked , 1655. and new discovery of romish emissaries , 1656. f see his whitehall ordinances for excise and taxes , 14 decemb . & 17 march 1653. may 4. & june 8. 1654 ▪ & the 1. part of my legal and historical vindication , &c. p. 66.10 90. a exact . collection . p. 7.10.267 , 268 , 340 , 342.376.459.491 , to . 495.503.573 , 575 , 660.665 , 666 , 825.832.839.907 . to . 916.932.951 . b a collection of ordinances p. 13.30.34.42 , 43.98 , 99.161.167 , 168 , 169.185.199.203 , 204 , 211.227.275.282.294.305.313.317.340.363 : 371.380.417.420 , 423 , 425.432.451 . to . 460.504.513.537 , 539.616.623.666.679.877 , 878. appendix . p. 4.15 . * here , p. 42. c see their impeachments , trials , the act & ordinance for their attainders , mr. pyms speech . mr. st. iohns declaration , & argument ●gainst them , ●nd first part ●f my legal ●nd historical ●indication , ●c . lilly , and ●ulpepper . nota. t see hospinian hist. iesuitica , l. 3. & 4. speculum iesuiticum , p. 119. ludovicus lucius , histor : iesuit . l. 4 : c : 5 where it is printed at large & thuanus hist : l : 138. k hist. gallica & belgica , l : ● : f. 151 , 152. speculum iesuiticum , p. 75.80 . the general history of france , in h. 4. and lewis 13. hospinian historia , iesuit . l. 3.153 . to 159. lud. lucius , histor. iesuit . l. 3. c , 2. * nota. * watsons quodlibets , p. 92 , 94 , 95. & dialogue , p. 95. a ps. 115.1 . b ps. 46.7 , 11. ps. 27.1.6 c num. 16.22 . c. 27.16 . d ps. 22.6 . e 2 cor. 4.7 . 1 cor. 1.27 , 28 , 29. deut. 32.30 . g jer. 46.16 ▪ c. 50.16 . h calipine , h●liok● , summa angelica tit. seditio . cice●o de repub . l 6. lu. 23.19 . i luke 6 , 22. k see the appendix to mr rushworths historical col p. 30. to 40 , 41 , 42. l polit. l. 3. & ethic. l. 8. m secunda secundae artic. 12. & qu. 11. n s●mma angelica , tit. seditio . o see the soveraign power of parliaments , part 4. p. 187 , 188.192 . a ps. 68.21 . b ps. 24.7 , 8 , 9 , 10. c rev. 15.3 . d mat. 4.23 . c. 9.35 . c. 13.19 . c. 14.24 . e mat. 10.7 . c. 12.28 . c. 21.43 . c. 4.43 . c. 8.1 , 10. c. 16.16 . acts 20.25 . f 1 cor. 15.24 . col. 1.13 . rev. 12.10 . g eph. 2.12 . h aristot. polit. l. 3. c. 12. l. 4. c. 2. i mat. 13.38 . k rev. 1.9 . l exod. 19.6 . rev. 1.6 . c. 5.10 . c. 20.6.1 pet. 2.5 . m mat. 5.3.19 . c. 7.21 . c. 8.11 . n 2 pet. 1.11 . 2. tim. 4.18 . o heb. 12.28 . p da● . 7.27 . lu. 1.33 . is. 9.1 . q 2 tim. 4.8 . 1 pet. 5.4 . ps. 45.9 . mat. 19.28 . rev. 3.21 . c. 20.4 . c. 9.11 . c. 7.9.13 14. r 2 tim. 2.22 . rev. 22.5 . s lu. 12.32 . c. 22.22 . t iames 2.5 . u mat. 25.34 . x ps. 47.7 . gen. 18.25 . y rev. 5.3 . &c. 19.16 . 1. tim. 6.15 . ●it . 1.16 . ●ib . 6.9 . ●cts 26.27 . ●al . 6.16 . ●ay 1.24 . tim. 2.1 , ●ee tertui● apologia . e isay 1.2 . ps. 114.7 . f see the true old cause truly stated . g 1 iohn 9.12 . to 23. h act. 13.22 ▪ i sam. 24.3 to 20. c. 26.8.9 , 11 , &c. k 2 sam. 4.10 , 11 , 12. l 1 sam. 24.4 , 5. m job . 11.44 . n mat. 27.35 . 2 sam. 18.3 . * 2 chron. 13.20 . o ezech. 21.27 . p isay 10.5.7 . ier. 25.9 , &c. q isay 10.6 . c. 7 ▪ 18 , 19. r lu. 13.25 ▪ to 30. s 1 cor. 6.9 , 10 11. gal. 15.20.21 , 5.5 . ps. 15.1.23 , 4 , 5. t mat. 26.47 , 67 , 68 , c. 27. to 38.66 . c , 28.11 . to 16. john 19.23 , 24.32.34 . t mat. 26.47 , 67 , 68 , c. 27. to 38.66 . c , 28.11 . to 16. john 19.23 , 24.32.34 . u 1 chron. 22.8 . c. 28.3 . x heb. 7.2 . isaiah 9.6 . 1 ▪ pet. 4.9 . y rom. 10 15. eph. 6.16 . c. ● . 17 . z 2 cor. 5.20 . c. 14.32 . eph. 2.17 . a rom. 14.17 . b isay 59.7 , 8. 2 chron. 15.5 , 6. ier. 4.10 , 19 , 20. c. 8. 15 , 16. c mat. 10.9.10 . lu. 9 , 3. c. 22.35 . ma● . 6 , 8 , 9. d gen. 32.10 . exod. 12.11 . c. 21.19 . 2 kings 4.29 . * see knolts turkish history , pauli orosii historia . the history of the albigenses . * see mr. edwards gangraenaes . e relatio de stratagematis & sophismatis iesuitarum c. 4. f lud. lucius , hist. iesuit . l. 1. c. 7. p. 156. cornelius cornelii , epist . com. in minores prophetas : and his epistle to his historical and legal vindication , &c. h mat. 16.24 . mar. 10.21 . lu. 9.23 . c. 14.27 . i mat. 19.21 , 22. * psal. 95.8 , 10 , 11. * isay 59.8 . nota. d lu. 6.22 . e 1 cor. 4.8 . f dan. 2.47 . col 1.16 , 17. c. 2.10 . 1 tim. 6.15 , 16. rev. 17.14 . c. 19.18 . eph. 1 , 21. bp. vshers ●ccles . brit. ●ntiq . c. 3 , 4 , ● 6 , 7.8 . spel●anni concil . ●om . 1. & e●●st . ded. to fox acts & ●on . in h. 8.6 . qu. eliz. their sta●es to this ●pose . ●almsb . de ●stis regum c. 13. mat. ●stm . anno 5. poly●on . l. 6. c. 18 ● . dunelm 136. ●mton , col 955. a el●●s , de vita ●irac . edw. ●fess . 〈◊〉 9.19 . r. 10.22 . * 2 kings 17.20 , 21 , 22 , 23. * 1 tim. 6.15 . dan. 2.21 . c. 4.25 , 35 , &c. * 2 sam. 7.12 . 1 kings 11 , 36. 2 king. 8.19 . psal. 132.11 , 12 , 13 , 14. * see bishop vshers annal. vet te●t . p. 132. * 2 chron. 23.2 kings 11. ‖ 2 chron. 24 , 25 , 26. c. 25.1 , 2 , 3 , 4. 2 kings 14. to 7. * 2 chron. 33.20 , 21 , 22 , 23 , 24 , 25. 2 kings 19 to 26. g 9 e. 2. c. 8. mar. ses . 2. c. 7 h. 7. c. 1. h aristot. pc lit . l. 3. c. 12. l. 4. c. 2 i , case sphaera civitatis l. 3. c. 5. ● 238. l. 4. c. 3. ● 324. * worthy se●ious particu●ar perusal . ‖ prov. 19.10 . c. 30.21 , 22. eccl. 10.5 , 6.7 . a dion . cassius . dionys. halicar . polybius , livy , justin , eutropius , godwins roman antiquities , bodins common-wealth . (b) aelian var. historia , l. 5. c. 53. c grotius de jure belli , l. 3. c. 15. p. 537. d see my speech , p. 102 103 , 104. e psal. 11.3 . ‖ ibid. p. 10 , 11. nota. ‖ see here , p. p. 43 , 46 , 62 , 63. ‖ see my epistle to a seasonable vindication , &c. edit . 2. 1655. my quakers unmasked , & a new discovery of romish emissaries , 1656. the plots of the jesuites , printed 1653. and the jesuits undermining of parliaments and protestants . by william castle , 1642. ‖ printed in my hidden works of darkness , &c. & mr. rushworths historical collections , p. 41. to 44.128 , 129 , 185. to 190 , 140 , 141 , 510 , 568. exact collection , p. 5. to 20. ‖ romes masterpiece , p. 14 15. ‖ ludovicus lucius , hist. jesuit . l. 3. c. 2. p. 271 , 294 , 374. l. 3. c. 2. p. 607 , 609 , 610 , 611 , 614 , 639 , 671 , 673 , &c. hospinian hist. jesuit . l. 3. & 4. speculum jesuiticum . ‖ see lucas osiander contra anabaptistas . ‖ prov. 24.21 . 1 pet. 2.17 . ‖ exact . collection , p. 17. a iud. 18.7.27 . b mat. 16.25 . c prov. 29.25 . isay 8.12 , 13. c. 7.4 . c. 41.14 . c. 44.8 . mat. 10.28 . d isay 13.6 , 7.8 . c. 27.11 . c. 24.17 . iudg. 20.41 , 42 , is. 3 , 4. ier. 48.43 , 44. c. 49.24 , 29. lam. 3.47 . ezech. 30.13 , 14. e collect. of ordinances , p. 420 to 427. e mat. 21.25 . f exact collection , and a collection of them . the good old cause truly stated . g see the letany , collects , for the king , queen , and royal issue : canons , 1605. can. 54. h tertulliani apolog euseb . de vita constantini , l. 4. c. 19 , 20. cassiador . hist. tripartita , l. 5. c. 22. athanatius apologia ad constantinum imp. sozomen eccles. hist. l. ● . c. 18. l. 4. c. 13. surius concil . tom. 1. p. 617. tom. 2. p. 670 , 737 , 738 , 739 , 740 , 762 , 853 , 869 , 871.875 , 887 , 891 , 925 , 926 , 1022 , 10●4 ▪ 1039. tom. 3. p. 8.238 . cl. 1 e. 1. d , 17. cl. 24 e. 1. d. 10. cl. 34 e. 1. d. 9 , 16. cl. 35 , e. 1. d. 15. cl . 9 r. 2. d. 11. cl . 15 r. 2. d. 56. cl . 16 r. 2. d. 11. cl . r. 2. d. 35. * 2 chron 10.6 . to 18. see my new discovery of fre● state tyranny ; and englands new chain● . * 2 28.2.3 . ●2 . to 36. k psal. 20.8 . l chytra● chron : saxonia l. 14. p : 411 , to 4●4 . m munsters cosmog . l. 3. c. 142. sl●i●ian commens . l. 10 n psal. 4. 8. psal. 119 , 41 , ‖ see polybii hist. lib. 6. p. 521 to 527. an additional appendix to aurum reginæ making some further discoveries of the antiquity, legality, quiddity, quantity, quality of this royal duty, of the oblations, fines from which it ariseth, as well in ireland as england, the process by, the lands, chattels out of which it is levyed, and that the unlevyed arears thereof at the queen-consorts death, of right accrue to the king and none other, by his royal prerogative, and ought to be levyed for his use by the laws of the realm / collected by william prynne, esq. ... prynne, william, 1600-1669. 1668 approx. 177 kb of xml-encoded text transcribed from 24 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a56125 wing p3888 estc r21840 12361861 ocm 12361861 60268 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56125) transcribed from: (early english books online ; image set 60268) images scanned from microfilm: (early english books, 1641-1700 ; 222:12) an additional appendix to aurum reginæ making some further discoveries of the antiquity, legality, quiddity, quantity, quality of this royal duty, of the oblations, fines from which it ariseth, as well in ireland as england, the process by, the lands, chattels out of which it is levyed, and that the unlevyed arears thereof at the queen-consorts death, of right accrue to the king and none other, by his royal prerogative, and ought to be levyed for his use by the laws of the realm / collected by william prynne, esq. ... prynne, william, 1600-1669. prynne, william, 1600-1669. aurum reginae. [4], 43 p. printed for the author by tho. ratcliffe and tho. daniel, and are to be sold by edward thomas ... and josias robinson ..., london : 1668. errata: p. 43. reproduction of original in harvard university libraries. marginal notes. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -great britain -history. 2002-04 tcp assigned for keying and markup 2002-05 spi global keyed and coded from proquest page images 2002-06 olivia bottum sampled and proofread 2002-06 olivia bottum text and markup reviewed and edited 2002-07 pfs batch review (qc) and xml conversion an additional appendix to aurum reginae ; making some further discoveries of the antiquity , legality , quiddity , quantity , quality of this royal dvty ; of the oblations , fines from which it ariseth , as well in ireland as england ; the process by , the lands , chattels out of which it is levyed ; and that the unlevyed arears thereof , at the qveen-consorts death , of right accrue to the king , and none other , by his royal prerogative , and ought to be levyed for his vse , by the laws of the realm . collected by william prynne esq a bencher and reader of lincolns-inne , keeper of his majesties records in the tower of london . mat. 22.21 . render therefore to caesar , the things that are caesars . london , printed for the author by tho. ratcliffe and tho. daniel , and are to be sold by edward thomas at the adam and eve in little britain , and iosias robinson at lincolns-inne gate . 1668. to the kings most excellent maiesty , charles the ii. your majesty may perchance , condemn me as guilty of a solaecisme in courtship , for that i formerly intituled . your most illustrious queen-consort ( in my late tractate of avrvm reginae , dedicated to her highnesse ) to a legal right in possession to this most antient royal duty ; and now presume to present your majesty ( by way of reversion after your consort ) only with the gleanings of some records of that subject , i have since discovered , and collected in this additional appendix . yet , being no solaecisme or praeposterousnesse , but an orderly usual method in point of law ; the lawes and records of your realm , intitling your queen to the primitive present possessory right of queen-gold , and your majesty only to the uncollected remaines and arrears thereof after her decease ( whom god long preserve in life and health ; ) and that both in england and ireland , as this old record ( i newly found ) of your noble predecessor king henry the third , dated in france , thus resolves . galfridus de turvall archid. dublin . assignatus est ad recipiend . aurum reginae quod ad eam pertinet de finibus hiberniae . et mandatum est eidem galfrido , quod illud recipiat custodiendum ad opus ipsius reginae . teste rege apud burdegal . 10 die sept. et mandatum est iusticiario hiberniae , quod illud ei habere faciat . teste ut supra . ( which is seconded by other records (b) elsewhere cited ; ) i therefore most humbly hope , and crave not only your majesties royal pardon of this imaginary disorder , but likewise your gracious acceptation of these fragments , which further evidence both of your majesties old , iust , vnquestionable rights to this golden flower of your crowns by multitudes of irrefragable records . by vertue whereof your majesti●s may now as justly demand , receive , levy it of those subjects , from whose voluntary oblations , fines it is due , without the least injustice or grievance , as any other branch of your revenues whatsoever ; especially since the greatest part of this and other your antient crown-revenues , have been much diminished by (c) two late acts , abolishing all fines for knighthood , wardships , tenures , lico●ses for alienations , and marriages of wards , from which the richest veins of this gold mine , did formerly arise . if these collections shall contribute any assistance to invest your majesties in the speedy future possession , perc●ption of this over-long neglected legal revenue , ( which no lapse of time can barr , or null , since (d) null●m t●mpu● occurit regi ; and this duty hath in all former ages been legally revived , claimed by and from the mariage of every queen , but not extinguished by the death of any ; ) it will be a sufficient reward for the paines taken to recover it , by your majesties most humble , loyal , subject and servant , william prynne . an additional appendix to aurum reginae . since the finishing of my late tractate of avrvm reginae at the presse , upon my subsequent searches meeting with sundry passag●s in doomesday book , the great rolls in the pipe office , and especially in the records in the lord treasurers remembrancers office in the exchequer , relating to that subject of queen-gold ; i thought fit by way of appendix , to communicate them to the world , for the clearer demonstration of the antiquity , rationality , and legality of this royal prerogative and duty . the true original grounds thereof ( which i have briefly related in my avrvm reginae , p. 4 , 5 , 6. ) i shall here in the first place illustrate by some forraign historical passages and domestick records . it is storied of the ancient kings of persia , who were extraordinarily uxorious , loving , kind , and bountifull to the●r queens , that for their greater honor , majesty , and splendor , when they espoused or made choyce of them for their queen consorts ; they did set a a royal crown ( of gold ) upon their heads , arrayed them with b royal costly robes , appar●l , and also assigned them sundry large territories , cities , revenues , for furnishing all parts of their bodies with rich ornaments of all sorts , suitable to their royal estates . hence c plato in his alcibiades primus , discoursing of the great wealth of the persian kings ; subjoynes . audivi ego aliquando virum fide dignum qui ad persarum regem profectus fuerat . hic retulit , se peragrasse regionem valdè magnam & bonam , diei ferè unius it●nere , quam indiginae uxoris regiae zonam vocent . esse verò etiam aliam qua reginae calyptra vocatur● it●mque alios multos locos pulchros & bon●s , ad ornatum reginae delectos , habereque singulos lecos nomina ab unoquoque reginae mundo : which d cicero the grand roman orator thus seconds . s●lêre a●unt barbaros reges persarum & syrorum plures v●ores habere : his autem uxoribus civitates attribuere , hoc modo . haec civitas mulieri redimiculum praebeat ; haec in collum ; haec in crines . ita populos hab●nt universos non solum conscios libidinis suae , sed etiam administros . upon this account , as e athenaeus relates , the city of antylla near alexandria , was given to the queens , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and barnabas ●riss●●ius . de ●egio 〈◊〉 principatu , lib. 1. p. 76. observes , that the persian kings , regines utique regione●●erta● attri●uebant , e●●uarum ●edditibu● mundum 〈◊〉 para●●nt . in like manner● our ancient kings before and since the conquest , did not only honor their queen consorts with * royal diadems of gold , rich robes , and other o●●●ment● , ) a●d assign ●●em sundry ●●●ge mannors , rents , pensions for their dowries , to maintain their pomp , courts , officers , attendants in magnifice●t splendor , but li●ewise reserved certain● ounce● of gold , out of so●e of thei● ancient ●emes●● lands and man●ors to ●e annually paid to their queens , with other sums of money , and portions of wool , for their ornaments , apparell , lamps , and furniture o● their wardrobes . this i shall evidence by some few irrefragable presidents recorded in the most famous ancient record st●●● e●tant , ( reserved in the treasury of the receits in 〈◊〉 king● ex●h●q●e● ) c●mmonly ca●●ed doomes●ay book , or lib●r ivdiciarivs ; ●●ia ●ententia eju● i●f 〈…〉 po●est , vel impunè declinari , & ab ●o non licet ulla ratione discedere . which book as f gervasius tilberiensis resolves ) contains an exact survey or description ( in two large volumes ) of all the mannors , lands , tenures , rents , services , duties , customs , tenants , within the respective counties of england , begun in the ●4th , and finished in the 20th and last year of king conqueror● by his special command , as the g marginal authors will at large inform th● readers . inter recorda domini regis caroli secundi in thesauro receptae scaccarii sui sub custodia dominorum commissionar . pro thess. & camerariorum ibidem r●man . videlicet in libro domesdaie , sub titulo bedefordscire , sic contin●tur ut sequitur ; terra regis . maner . lestone dominicum manerium regis pro xlvii hid. sc. de feod . modo . * t. r● e. non crant xxx . hid. &c. inter totum redd . per annum xxii lib. ad pensum & dimid . diem ad firmam regis . in frumento & melle & aliis rebus ad firmam pertinentibus . ad opus reginae ii . uncias auri , &c. maner . loit●ne , dominicum maner . regis pro xxx hid. sc. de feod . &c. inter totum redd . per annum xxx lib. ad pensum & dimid . diem , in frumento & melle & aliis consuetud . ad firmam regis pertinentibus . reginae iiii . unc . auri , &c. maner . houstone dominicum manerium regis pro x. hid. sc. de feod . &c. inter totum redd . per annum x. lib. ad pensum & dimid . diem . de frumento & melle & alius rebus ad firmam regis pertinentibus de minutis consuetud . & de i. summario lxv sol . de consuetud . canum lxv sol . & reginae ii . unc . auri. &c. to these i shall annex that of warwicscire ; tempore regis e. vicecomitatus de warwic . cum burgo & cum regalibus manerils reddeb . lxv lib. & xxxvi sextaria mellis , &c. modo inter firmam regalium maneriorum & placita comitatus reddit per annum clxv lib. ad pondus , & xxiii lib. pro consuetudine canum , & xx solid . pro summa●io , & x lib. pro accipitre , et c. solid . reginae , pro gersuma , &c. that is , as our learned * sir henry spelman rightly expounds it in his glossary , pro fine , hoc est , pecunia data in pactionem , like that of avrvm reginae , upon fines for lands or liberties granted . herefordscire ; terra regis . in len● , &c. praepositus hujus manerii consuetud . habeb . * t. r. e. ut beniente † domina sua in maner . praesentaret e● xviii . oras denar . ut esset ipsa laeto animo , & dapifer & alii ministri habeb . ab eo x. sol . sudrie . terra regis . in chingetun hund. rex ten . in dominio chingestun , &c. de villanis hujus villae habuit , & habet humfridus camerarius unum villan● in custodia , causa coadunandi ●anam reginae . which seems to be wool reserved for the queens apparel , wardrobe , and service , being collected by her chamberlains servant . in rot. magno in the pipe office in the exchequer an. 19 , & 20 , & 21 h. 2. rot . 9. & 22 h. 2. rot . 9. berkescire ; adam de gattemera ( vicecomes ) reddit compot . de tribus annis quibus tennit comitatum xvi l. nummo , * quod sit in calumpnia pro cappa reginae , that is , for the queens cappe , vayle , coyf and head attire . idem reddit compot . de xxi s. & id . quod regina habere solebat de lana ii . maneriorum . the like occurs in other great roll● during his reign . inter compotus de an. 21 h. 3. in officio remem . thesaurarii scac. rot . 14 dorso , oxon. i find this clause in the sheriffs account ; et xx sol . de terra postali , de lana reginae dum ea colligit ; & ix lib. xix sol . de codem , de pluribus annis praete●itis . in most of the great rolls in the pipe office from anno 1. till an. 35 henry 2. and an. 1 iohannis regis to 17. tit. london . & midd . there is this annual payment allowed out of the fee-farm rents of london : pro oleo ad lampad . reginae , xx s. x d. or else xxx s. & v d. and oft times i find several summs of monies allowed to the sheriffs of london and middles●x , pro vestimentis or robis reginae , pro * magna cappa et pallio ●agno de escarletto , de bi●●is et s●bellonis , &c. ad opus reginae , & iocali●us pro regina . by all which records and presidents , it is more the● probable , if not unquestionable , that as our ancient saxon kings , ( to omit others ) before , in , and after the conq●●rors reign , till the end of king henry the seconds , ( when gervasius tilberi●●fi● writ his dialogue and chapter de auro reginae ) reserved small annual summes of gold , money , wooll out of some of their antient manors to their queens , for their ornaments , robes , lamps , and other uses , so they likewise conferred on them out of their conjugal love and affection this princely duty of queen-gold out of all considerable voluntary oblations , obligations , fines made to them , by their nobles , subjects , or others , to furnish them with jewels , plate , rings , and other royal ornaments of gold : a●d that probably from the dayes of our famous h queen helena , as i apprehend : she being not only the first world● but also the first queen who enjoyed , exercised this i royal prerogative , to coin gold money with her own image and superscription , of fl. helena augusta , engraven thereon ; ( the effigies of whose coins you may peruse at leisure in mr. k william cambdens britan●●● ) who as she coined monies at triers in france , in honor of her sonne constantine with his image and motto ; so she also coyned monies with her own es●igies and motto at london . helens money being oft-times found under the walls of london , ( built by her or her sonne constantine the great at her request ) as l mr. cambden , and m archbishop vsher inform us : ) she being stiled in n ancient inscriptions , venerabilis et piissima augusta , regina , &c. yea canonized for a most glorious saint soon after her decease . upon which account o cissa , a devout , noble religious woman about the year 675 , building a monastery of nunnes at helneston ( so called from queen helena , near abbendon in bark●shire ) in honor● sanctae crucis & sanctae helenae dedicavit , dedicated it to the honor of st. helena and the crosse of christ p found out by her ; in which place and at abbendon , many crosses were afterwards found and digged up , sent thither by constantine the great , and this queen helena his mother , as some● or as others relate , brought thither by the christian britains in honour of helena and constantine : among which crosses , that black crosse ( made for the most part , as was supposed , of the iron nayles that crucified our saviour , reserved as a sacred relique in abbendon abbey ) was so famous and holy , vt nullus iuramento super ●am prastito impunè & si●e periculo vita suae possit affirmare mendacium , if we credit the q register and history of abbend●n abbey : which crosse ( as the monks of abbendon report ) working sundry miracles in detecting , punishing perjuries , and lies ; volentibus fratribus ●am auro , & argento ornari , quicquid ei in una die circa adaptabantur , totum altera decidisse & dissolutum esse videbant , nec p●tuit aliqua parte aliquando aurum vel arge●tum circa ●am confirmari . had the covetous abbots , monks of this and other monasteries been so farr r crucified to the world by christ , or this black crosse , as to reject all gold , or silver , like this crosse , or as s st. peter , st. paul and other apostles , according to their vows , and professions of voluntary poverty , they had never gained so great store of gold , silver , and revenues , as they did . yea , had they , their popes , or prelates duly pondered isay 44.19 . to 21. psal. 115.4 . to 10. ier. 2.27 , 28. cap. 10.3 , to 17. they would never have idolized , and adored with latria or divine worship the wooden crosse whereon christ was actually crucified , or any small chips , reliques thereof , much lesse this black crosse , or any other bare representations thereof● nor canonized the crosse it self for a saint , nor made so many idolatrous t prayers , dedicated ●o many holy dayes , churches , chappels to it , because ( as the u romanists and rhemists ass●rt ) it was most highly sanctified by the very touching , bearing , and crucifying the body of our lord iesus christ , and shedding his most precious blood thereon : upon which grounds they have also canonized the very nayles that fastned christ to , and the spear , souldier that pierced his side on the crosse for saints , praying to , and adoring them under the names of x st. cloe , eloy , and st. longis for which very reasons , they ought to canonize , adore , and pray to the archtraytor iudas , pontiu● pilate , the chief priests , iewes , and soldiers , who kissed , touched , apprehended , buffeted our saviors sacred body , stripped off his coat , garments from it , and parted them amongst them , then crucified him , pierced his hands , feet , side , and shed his blood on the crosse , ( which could have effected nought without them ) and likewise those apostate christians , who soon after by their apostacy y crucifyed to themselves the sonne of god afresh , and put him to open shame ; as the most m●ritorius holy saints : when as z st. peter , st. paul and the whole tenor of the gospel resolve , the crucifying and killing of our saviour christ the prince of life● and lord of glory on the crosse , to be the most world● and therefore cannot possibly sanctify , canonize , deifie either the crosse , nayls , spear , or persons which crucifi●d and slew him : nor be a just , rational , christian ground to give any divin● or religious adoration to the crosse or them . but to revert from queen helena and the crosse , to aurum reginae . the first and ancientest great roll now ext●nt in the pipe office in the exchequer , is that de anno 18 regis henrici 1. ( not anno 5 regis stephani , as sir simon de ewes hath indorsed it , ) as is most apparent by rot. 5. london , wherein there is an allowance demanded by the sheriffs of london ; de oleo ad ardend . ante sepulchrum regina ; et de pannis super sepulchrum regina , to wit , of q●een ma●de , king henry the 1. his first wife , who a died and was interred at westminster in his 18 year , anno dom. 1118. ) and likewise by the oblata , fines , summes due and paid to the king from herva●s bishop of ely , in this great roll , in grentzburgeschira , for himself and his nephew , whose see of ely was first erected , and himself b created first bishop thereof by king henry the 1. an. 1109. being the 9th year of his reign , he deceasing 2. years before king henry the 1. and 7. years before the 5th . of king stephen who usurped the crown , as ou● historians expresly relate . in this first great roll i met with these two particulars , which seem to me to relate to this duty of queen-gold , by the proportions in them between the marks of silver and gold. rot. 1. oxenfordscire & nottinghamscira , robertus de colt & walterus filius su●s redd . comp. de c. marc . argenti , & 1. m. auri pro concessione ter●ae l●owini chedde : in thesauro xx m. in argento , & debet quater xx m. argenti & i. m. auri. ro● . 13● berchescira & croc● reddit . comp. de cc. m. argenti , & ii . m. auri , pro filio suo● in thesauro xx . m. argenti , & debet c quater 20. m. argenti , & ii . m. auri. which proportions agree with those in gerva●ius tilb●riensis his chapter . de auro reginae , and accrued to the king by his queens decease that year as i conjecture , though not expressed in the roll ( which is only a brief abstract ) though probably mentioned in the writs to levy it , not now extant . upon my diligent perusal of all the great rolls in the raigns of king henry the 2. and king iohn in the pipe office in the kings exchequer at westminster , i can finde no expresse mention nor account of avrum reginae , nor processe issued to sheriffs to levy this duty , from the first year of king henry the 2. to the 9th of king iohns reign ; though then due , payable , and actually paid to our queen consosts , per consuetudinem regni , either in specie , cups of gold , or other things of equal value in lie● thereof , as the d premised passages of gervasius tilberiensis , ( under treasurer of the exchequer to roger bishop of salisbury , an. 27 h. 2. ) and presidents evidence . the reason whereof i conceive to be , that this debt to the queen was not ordered to be paid , nor accounted for in the exchequer to the king , but severed and kept apart from the kings debts by the queens officers , as gervasius tilberiensis informs us , till the 9th year of king iohn ; who then by his e writ to the barons expresly ordered , quod volumus , ut de caetero , reddatur aurum reginae ad scaccarium nostrum ; et quod inde audiatis compotum sicut de aliis debitis nostris ; whereupon in the great rolls annis 10 , 11 , 12 , 13. 14 , & 17 iohannis , this duty was particularly mentioned , accounted for , charged , and levyed as a debt by sheriffs and others , under the expresse title of avrvm reginae ; and so in succeeding kings reigns . upon my search and perusal of the antient records in the lord treasurers remembrancers office in the exchequer , i found but one in k. iohns reign , but many in k. henry the seconds . and , inter communia de termino sancti michaelis anno 21 henrici regis , filii regis johannis , incipiente 22. in offic. r●● . thesaurarii in scac. i found these memorable records concerning avrvm reginae , respited and installed in the exchequer by the king himself . sciatis , quod concessimus patricio de chaurtes , quod in fine quingentarum marcarum quem fecit , &c. ( 4 ) pro habenda sai●●na pro haereditate sua , non obstante eo quod infra aetatem est , &c. ineatur finis ducentarum marc . quem paganus de chaurtes pater ejus nobiscum prius fecerat , pro ( 4 ) custodia tetrarum quae fuerunt margeria de la forte , et ●ic non debet praefatus patricius ( 3 ) nist tantum 50 l. pro avro reginae ratione praedictarum ●recentarum librarum ; de quibus 50 l. concessimus ei , quod reddat nobis per annum ● l. scilicet c. solidos ad festum sancti michaelis , & c. solidos ad pasch. eodem term. henricus filus nicholai ( 5 ) habet respectum usque in crastinum animarum de 4. marc . de avro reginae , excepta , &c. et aver . &c. inter communia de termino sancti hillarii , anno 22 h. 3. dors● . thomas fil . aucheri habet respectum usque in crastinum clausi pasch. de dimid . ● . marc . de remanent . xv mar . pro transgressione forestae , et de avro reginae pro ( 4 ) eodem fine . et mandatum est vic. quod accepta securitate pro eodem fine averia su● , &c. t. a. archid. salop. 27 die ian. mandatum est vic. quod thomas fil . thom● brian finem fecit cum rege pro xx mar . ( 4 ) pro habenda sei●ina terr●rum quae fuerunt patris sui , pro quo fine debet reginae ii . mar . pro auro suo , & quod si dictus thomas vel alius pro eo duas marcas pro dicto avro solverit , amplius ab eo occa●ione dicti avri non e●●g●tur ; et si quid amplius ab eo ea occasione recipitur , id ei r●d●●tur . t. willielm● archid●●c . salop. 3 die f●br . communia de termino sancti michaelis , annis 38● & 39 h. 3. incipiente . cl●ricus vic. glouc. dixit coram baronibus , quod pluries fec . returnum pluribus ballivis plurium libertatum infra com. suum pro auro reginae , qui nichil inde responderunt ad scaccarium . et ideo praeceptum est vic. quod ingrediatur praedictas libertates , et distring . pro eodem auro ; ita quod possit inde respondere ad dictum scaccarium per manum suam . praeceptum est vic. leyc . quod ingred . libertatem ●●m . leyc . et distring . willielmum de ienemull pro auro reginae . praeceptum fuit vic. london . quod distringerent cives london . pro av●o reginae ; ita quod , &c. haberent denarios coram baronibus , &c. ( verbatim as in aurum reginae , p. 17. usque marescallo . ) postea habuerunt diem ut prison . usque a● diem martis prox . ante festum sancti iohannis baptistae . i●ter communia termino paschae , anno. 40 h. 3. rot. 15. dorso . in officio remem . thesaurarii in scaccario , i found this special writ of the king , appointing several fines for charters granted by him to several towns , and for respits of knighthood , and the queen-gold arising from them ( as i apprehend by the word aurum , so frequently mentioned in it ) to be paid into his wardrobe upon a special occasion , and not to be paid or received at his exchequer for that present time . rex mandavit baron . quod villatae subscriptae debebant solvisse in garderoba sua denarios subscriptos , terminis subscriptis , pro cartis libertatum quas eis concessit , & nondum solverunt , videlicet villata de gernem . pro aliquo debito , de quo fidejussores , vel principales debitores non extiterint . et pro habendo retorno brevium , lx●m . in quindena pasch● proximo praeterita . et villata de norwic. pro eodem à di● pascha proximo praeterito , l. m. villat● le● . pro eodem de anno praeterito , lxxx . marc . et villata de c●l●c●str . pro bono adventu suo ad partes illas x. m. in festo pentecost . proximo futuro . et si contingat aliquos de caetero venir● ad scaccarium , ad solv●nd . ibidem aur. vel denar . per quos ●ines fecerunt , pro carti● liberta●● vel respectu militis habend● ipsos ad hoc nullatenu● admittant . et ipsos ad ●um statim remittant , solvend . praedictos denarios & aur. in garderoba sua , quia denar . praedictos & aur. unà cum finibus praedictarum villatarum assignavit dominus rex solvend . in garderoba sua , et si aliquos denar . vel aur● de finibus praedictis ad scacc●rium receperunt● ipsos sin● dilatione , ad ipsum regem remittant , liberand . in garderoba praedicta . et per breve de scaccario distring . fac . villas praedictas sine dilacione ad solvend . in eadem garderoba terminis subscriptis . breve est in for . mar. by these and the * premised records in the reign of king henry the 3d. it is most apparent , for what sort of fines and oblations aurum reginae was legally paid to his queen consort during his reign , and in what proportion and places . i have not yet discovered upon my search in this office any more records concerning this duty in his time , nor in the reigns of king edward the first and second , then what i have formerly published . but yet in the same office of the lord treasurers remembrancer in the exchequer , i found out and transcribed these ensuing new memorandums and writs for the levying of q●een-gold , during the reign of king edward the 3. which i shall present you with in their chronological order . an. 41 e. 3. memorand . quod compertur in origin . de anno 39. rot. 27. inter grossos ●ines● quod abbas sancti iohannis colecestr . primo die febr. dicto anno 39. dedit domino regi 28 l. solutas in hanaperio pro licentia adquirendi quaedam terras & ten . cum pertinen . in colcestr . & alibi in com. essex . habend . ( 4 ) ad manum mortuam . per quod praeceptum fuit vic. quod fieri faceret 56 s. de bonis et catallis ipsius abbatis● de avro reginae , ad ipsam spectante de fine praedicto ; ita quod haberet hic dictos 56 s. in crastino clausi paschae praefatae reginae solvend . et ad diem praedictum praedictus abbas venit per fratrem willielmum de gretton commonachum suum : et dicit , quod ipse fecit finem cum rege pro licencia habenda de rege , quod petrus waway● & iohannes chaterys 16 messuagia , 458 acr . terrae , 5 acr . prati , 20 acr . bosci , 3 solidatas , et novem denarratas redditus , & redditum unius librae piperis cum pertinen . in colecestr . suburbio colcestr . stanwey , b●●dringe , okle magna , & leyre del haye dare possent & assignare praefatis abbati & conventui , & quod ipsi messuag . terr . pratum , boscum , & redditum praedicta cum pertin . à praefatis petro & iohanne recipere possent & tenere sibi & successoribus suis imperpetuum , statuto de terris et ten . ad manum mortuam non ponend . non obstante . et ostendit c●r . cartam regis nunc de licentia praedicta in haec verba . — edwardus dei gratia rex angliae , &c. dominus hiberniae & aquitaniae . omnibus ad quos praesentes litera pervenerint , salutem . licet de communi concilio regni provisum sit , quod non liceat viris religiosis seu aliis ingredi feodum alicujus , ita quod ad manum mortuam deveniat , sine licentia nostra , & capitalis domini de quo res illa immediatè ten●tur . volentes tamen dilect . nobis in christo abbati & conventui sancti johannis de colcestr . gratiam facere specialem , concessimus , & licentiam dedimus pro nobis & haeredibus nostris , quantum in nobis est , petro wawayn & johanni chateri● , quod ipsi sexd●cim messuagia , quadringentas quinquaginta & octo acr●● t●rrae , quinqu● acr . prati , viginti acras bosci , tres solidatas , & novem denarratas reddit●● , & reddituum unius librae piperis cum pertin . in colcestr . suburbio colecestr● stanwey , bendryng , okle magna , & leyre del hay , quae de nobis non tenentur , dare possint & assignare eisdem abbati & conventui ; ad inveniend . quendam monachum capellanum divina singulis diebus in capella beat● mariae abbati● praedictae , pro salubristatu nostro & pr●dictarum petri & johannis dum vixerimus , & animabus nostris cum ab hac ●uc● migr●verimus , necnon animabus progenitorum , & animabus omnium fidelium defunctorum celebratur . habend . & tenend . ●isdem abbati et conventui & successoribus suis , ad inveniendum dictum monachum divin● ibidem sicut pr●dictum est singulis di●bus celebratur . imperpetuum . et eisdem abbati & conventui quod ipsi m●ssuagia , terram , pratum , boscum , & redditum praedicta cum pertinen . à praefat . petro & johanne recipere possint & tenere sibi & successoribus suis , ad inveniendum dictum monachum divina singulis diebus in form● praedicta celebratur . imperpetuum , sicut praedictum est , tenore praesentium similiter licentiam dedimus specialem , statuto praedicto non-obstante . nolentes quod praedictus petrus & johannes , vel haeredes sui , aut praefati abbas aut conventus , seu successores sui , ratione statuti praedicti per nos vel h●redes nostros , aut ministros nostros quoscumque inde occasionentur in aliquo se● graventur : salvis tamen capitalibus dominis feodi illius servitiis inde debitis et consuetis . in cujus rei test●monium ha● literas nostras fieri fe●imus patentes . teste meipso apud westm. primo di● febr. anno regni nostri tricesimo nono . — et dicit , quod ipse 23 l. praedictas solvit in hanaperio praedicto , ut praemittit●r . et quod satisfecit eidem reginae de 56 s. de avro svo finis praedicti , et de solucione inde ostendit quandam talliam lebatam ac receptam praefatae reginae quarto die maii hoc anno 41. dictam summam 56 s. continuentem , quam iohannes de holte attornatus praefatae reginae cogno●it esse beram et legalem . an. 44 e. 3. praeceptum suit vic. per breve dat . 24 die iunii , anno 43. regis nunc , quod de bonis & catallis nicholai carren in balliva sua fieri faceret 4 l. quas idem nicholaus deb . philipp● nuper reginae angli● defunctae de avro svo de ( 4 ) fine 10 . pro maritagio roberti fil . & haeredis radulphi de turbervill defuncti habend . sine disparagatione ; ita quod denar . illos haberet hic ad scaccarium nostrum apud westm. in crastino sancti michaelis praefatae reginae solvend . et per aliud breve dat . tertio die iul. dicto anno 43. quod de bonis & catallis iohannis wythegenemull in dicta balliva sua fieri faceret 40 s. quos idem iohannes debuit praefatae reginae de avro svo , de ( 4 ) fine 20 l. pro pardonacione quarundam transgressionum habend . de quibus idem iohannes arrectatus est ; ita quod denar . illos haberet modo hic ad crastinum praedictum praefatae reginae solbend . sicut continetur in ligula brevium de hoc termino , viz. inter brevia executa pro praedicta regina . et ad praedictum crastinum vic. return . brevia praedicta , & mandavit , quod cepit in manum regis de bonis & catallis praedicti nicholai carren ad valentiam 26 s. de debito praedicto . et de bonis & catallis praefat . iohannis wythegenemull . ad valentiam 40 s. sicut continetur in indorsamento brevium praedictorum . et quia praefata regina mortua est , sicut superi●s continetur , & denar . praedicti ad ( 5 ) regem de jure et non alii pertinent , idem vic. videlicet rogerus de cotesford oneretur versus regem de summis praedictis per ipsum in manum regis sic captis praetextu return . sui praedicti . praeceptum fuit similiter praefato vic. per breve dat . 28 die iunii eodem anno 43. quod de bonis & cat●llis thoma giffard in dicta balliva fieri facere● 13. s. 4 d. quos deb . praef●tae nuper reginae de avro svo de fine 10 marc . ( 4 ) pro licentia adquirendi sibi et margeriae mori ejus du●s carucatas terrae cum pertin . in feryngford , & medietatem manerii de feringford , unà cum advocatione ecclesiae ejusdem manerii habend . sub certa forma . et de bonis & catallis iohannis grey de rotherfeld 4 l. quas debet eidem nuper reginae de avro svo de fine 40 l. pro licentia feoffand . willi●lmum de merston personam ecclesiae de merston de maneriis de rotherfeld , cogges & somerton , habend . sub certa form● . et de bonis & catallis rectoris domu● de edryndon 20 s. quos debet praef●tae reginae de avro svo de fine 10 l. pro licentia adquirendi quaedam terras & ten . in alves●ote , alcyaldesbury & alibi habend . ad manum mor●uam . et de bonis & catallis almarici de sancto amando 13 s. 4 d. quos debet eidem nuper reginae de avro svo de fine 10 marc . pro ( 4 ) licentia concedendi fulconi co●dray , quod ipse de man●rio suo de pappeworth seoffure possit praefatum almaricum habend . & tenend . sibi & haeredibus s●is imperpetuum . et de bonis & catallis ricardi forster , & nicholai saundresson 40 s. quos debet eidem reginae de avro svo de fine 20 l. pro ( 4 ) licencia dandi quendam redd . ad manum mortuam ita quod denarios illos haberet hic modo ad praedictum crastinum prae●a●e nuper reginae solvend . et ad praedictum crastin . vic. retornavit breve & mandavit , quod cepit in manum regis de bonis & catallis praefati thomae giffard ad valentiam 13 s. 4 d. de debito praedicto . et de bonis et catallis rectoris domus odyndon , ad valentiam 20 s. de debito praedicto . et de bonis et catallis almarici de sancto amando ad valentiam 13 s. 4 d. de debito praedicto . et quo ad levationem dictorum 40 s. de bonis & catallis ricardi forster & nicholai saundresson vic. respondet , quod fecit retorn . dicti brevis iohanni gi●●● & iohanni de somerford ballivis libertatis villae oxon. eo quod nulla executio fieri poteret in balliva sua extra libertatem praedictam ; qui quidem ballivi respondent , quod ceperunt de bonis & ●atallis praedictorum richardi & nicholai , ad valentiam 40 s. sicut continetur in indorsamenta dicti brevis quod est in ligula brevium de hoc termino , viz. vrevia executa pro praefata regin● . ideo idem uic . oneretur versu● ( 5 ) regem de praedicts 13 s. 4 d. pro praefato thom● gifford . et de 2. marc . pro praedicto iohanne grey de rotherfeld . et de 20 s. pro praefato rectore de odyndon . et de 13 s. 4 d. pro praedicto almarico de sancto amand● . et praedicti ballivi de pr●dictis 40 s. de bonis & catallis praedictorum ricardi & nicholai praetextu return . brevis praedict . et sic est summa totalis omnium summarum de quibus praefatus vic. restat onerandus 9 l. de quibus concessum est praefato vic. quod habeat † respon . usque in crastinum sancti hillar . prox . futur . praeceptum fuit vic. per breve dat . 18 die iunii anno 43. regis nunc , quod de bonis & catallis willielmi de sandford clerici in balliva sua fieri faceret 40 s. quos debet philippa nuper reginae angliae de auro suo , de ( 4 ) ●ine 20 l. pro custodia duarum partium terrarum et ten . in wareher● quae fuerunt wi●●ielmi de henton . unà cum maritagio haeredis praedicti willielmi habend . ita quod denar● illos haberet hîc modo ad scaccarium nostrum apud westm. in cra●tino sancti micha●lis praefatae reginae solvend . et ad praedictum crastinum vic. retorn . breve , & mandavit , quod praefatu● williel●●● de sandford nichil habet , &c. et ●ichilominu● , praefat . willielmus venit eoram b●ronibus in propria perso●● sua , ●t cognovit se debere praefatae reginae dun● vixit praedict . 40 s. ex causa praedicta , & se velle & debere ei satisfac . cum cur. &c. et quia denar . praedi●● . ad ( 5 ) reg●m ●●casion● morti● praedi●●ae de jure pertinent , et non alicui alii ; consideratum est quod praefa● . willielmus oneretur versus regem de praedict . 40 s. praetextu praemissorum . poste● idem willielmus solvit denar . praedictos per unam talliam levatam quinto die novemb. hoc termino , quam ostend . praeceptum fuit vic. per breve dat . 24 die iun. anno 43 regis nunc , quod de bonis & catallis ada petyt vicar . ecclesiae de anton. thoma crokesdon & roberti benalud pleg . praedict . ada in balliva sua fieri faceret 40 s. quos debent philippae nuper reginae angliae defunctae de auro suo de ( 5 ) fine 20 l. pro transgressione . et de bonis & catallis radulphi keyle , henrici trenesweth●n , & i●hannis pety● ( 5 ) pleg . praedicti radulphi in dict● balliva sua fieri faceret 13 s. 3 d. quos debent eidem nuper reginae de auro suo , de ( 4 ) fine 10 marc . pro ●odem . ita quod denar . illos haberet hîc modo in crastino sancti michaelis praefatae reginae solvend . et ad praedictum cra●tinum vic. retorn . breve , & mandavit , quod cepit in manum regis de bonis & catallis praedict . ada petyt & pleg . eorum ad valenciam 10 s. de debito praedicto ; & de bonis & catallis praedict . radulphi keyle et pleg . eorum ad valenciam 13 s. 4 d. sicut cont . in indorsamento brevis praedict . et qui● praefata regina mortua est , ●icut superius continetur , et denat . praedict . ad ( 5 ) regem de jure et non alii pertinent ; idem vic. viz. iohannes babernoun oneratur versus regem de summis praedictis per ipsum in regis manu● sic capt . praetextu retorn . sui praedict . praeceptum fuit vic. per breve dat . 18 die i●nii anno 43 regis nunc , quod non omitteret propt . libertates de teukesbury & bert●n juxta glouc. quin eas ingrederet , & de bonis & catallis gilberti giffard in balliva sua fieri faceret 23 s. quos debet philippae nuper reginae angliae defunctae , de quod●m de●ito 8 mar . de auro suo , de ( 4 ) fine 80 marc . pro mar●iagio elizabeth . sororis & haeredis ricardi fil . blene danbenoye habend . sine disparagacione . ita quod denar . illos haberet hîc modo in crastino sancti michaelis praef●tae reginae solvend . sicut contin . inter brevia executa pro praefata regina retornab . hic hoc termino . et ad praedictum crastinum vic. retornavit breve praedictum , & mandavit , quod cepit in manum regis de bonis & catallis praefati gilberti giffard ad valentiam 13 s. 4 d. de deb . praedict . sicut continetur in indorsamento brevis praedicti . et quia praefata regina mortua est , sicut superius continetur , et denar . praedicti ad ( 5 ) regem de jure ●t non ad alium pertinent ; idem vic. viz. iohannes poyntz oneretur versus regem de 13 s. 4 d. praedict . per ipsum in manum regis sic capt . praetextu re●orn . sui praedicti . praeceptum fuit vic. per breve dat . 24 die iunii anno 43 regi● nunc , quod de bonis & catallis briani de cornub. in balliva sua fieri faceret 6 s. 8 d. quos debet philippa nuper reginae anglia defunctae , de quodam debit . 13 s. 4 d. de auro suo de ( 4 ) fine 10 l. pro licentia adquirendi reversionem maner . de onergorchery & bachalere , & medietat . maner . de worthym cum pertinen . in abberleye ; ita quod denar . illos haberet hic modo in crastino sancti michaelis praefatae reginae solvend . sicut cont . inter brevia executa pro praefata regina retor● . hîc hoc termino : et ad praedictum crastinum vic. retor● . breve praedictum , & mandavit , quod cepit in manum regis de bonis & catallis praefati briani ad valenciam 6 s. 8 d. sicut continetur in indorsamento brevis praedicti . et quia praefata regina mortua est , prout superius continetur , et denar . praedicti ad ( 5 ) regem d● jure et non ad alium pertinet , idem vic. viz. willielmus careles oneretur versu● regem de denar . praedicti per ipsum in manum regis sic capt . praetextu retorn . sui praedicti . praeceptum fuit vic. per breve dat . 10 die febr. anno 43. regis nunc , quod de bonis & catallis prioris & conventus de parva malverne in balliva sua fieri faceret 33 s. 4 d. quos debet philippae nuper reginae anglia defunctae de auro suo , de fine 25 mar . pro ( 4 ) licentia appropriandi eisdem priori et conventui et successoribus suis. ecclesiam de whatecote ; ita quod denar . illos haberet hîc modo in crastino sancti michaelis praefat . reginae solvend . sicut cont . inter brevia executa pro praefata regina retornab . hîc hoc termino . et ad praedictum crastinum vic. retornavit breve praedictum , & mandavit , quod cepit in manum regis de bonis & catallis praedictorum prioris & conventus ad valenc . 33 s. 3 d. praedictorum , sicut continetur in indorsamento brevis praedicti . et quia praefata regina mortua est , sicut superius continetur , et denar . praedict . ad ( 5 ) regem de jure et non ad alium pertinent ; idem vic. viz. edwardus de brugge oneretur versus regem de summis praedictis per ipsum in manum regis sic capt . praetextu retorn . sui praedicti . praeceptum fuit vic. per breve dat . 18 die iunii anno 43 regis nunc . quod de bonis & catallis iohannis payne de dedham in balliva sua fieri faceret 26 s. 8 d. quos debet philippae nuper reginae anglia defunctae de auro suo , de fine 20 marc . ( 4 ) pro bonis et catallis suis rehabend . et per aliud breve dat . 28 die iunii eodem anno 44. quod de bonis & catallis margaret . quae fuit uxor iohannis de hintercombe chivaler , & henr. de goggeshale chivaler in dicta balliva sua fieri faceret 10 l. quas debent praefatae nuper reginae de auro suo , de fine 100 l. pro ( 4 ) maritagio haeredis iohannis de hintercombe desunct . habend . sine disparagacione . et de bonis & catallis iohannis wayte clerici 16 s. quos debent idem nuper reginae de auro suo , de fine 18 l. pro ( 4 ) licentia concedend . thoma fil . andraae de waldene , quod ipse de quibusdam ten . in stamford ryner● , — & welde feoffare possit praefa● . i●hannem sub dicta forma habend . et per certum breve dat . 24 die iun. dicto anno 43. quod de bonis & catallis iohannis oliver nuper vic. praedict . com. in dicta balliva sua fieri faceret 40 s. quos debet praefatae nuper reginae de auro suo , de fine 20 l. pro ( 4 ) licencia dandi quaedam ten . cum pertin . in f●lst● de & alibi in com. essex . priori et convent . de l●gh●s , habend . ad manum mortuam . it● quod denar . illos haberet hîc modo in cra●tino s. michaelis praefatae reginae solvend . et ad praedictum crastinum vic. retorn . brevia praedicta , & mandavit , quod cepit in manum regis de bonis et catallis iohannis payne de dedham ad valenciam 26 s. 8 d. et de bonis & catallis henr. de coggeshal● chivaler● ad valenciam 10 l. et de bonis & catallis a●dra● de waldene ad valentiam 16 s. et de bonis & catallis iohannis oliver nuper vic. com. essex & h●rtford . ad valenciam 40 s. sicut continetur in indorsament . brevium praedictorum . et quiae praefata regina mortua est , sicut superius continetur , et denar . praedicti ad ( 5 ) regem de jure et non alii pertinent , idem vic. videlicet iohannes de henxcell oneretur versus regem de summis praedictis per ipsum in manum regis sic capt . praetextu retorn . sui praedict . postea praed . 10 l. atterminantur praefat . margareta , sicut continentur in rotulo de fin. de hoc termino in essex . ideo dict . vic. exoneretur de e●sdem 10 l. & praefat . margar●ta inde versus regem oneretur . praeceptum ●uit vic. glouc. per breve dat . 21 die febr. hoc anno 44. quod non omitteret propter libertat . de t●●k●●bury & b●rton juxta glouc. quin &c. et de terri● & catallis gilbert● giffard in balliva sua fieri faceret 9 s. 8 d. quos debet nuper reginae angliae consorti regis carissimae defunctae de quodam debit . 8 mar . de auro suo , de fine 80 mar . pro ( 4 ) maritagio elizabeth . sororis et haeredis richardi fil . blen● danb●neye habend . sine disparagacione ; ita quod denar . illos haberet hîc in crastino sanctae trinitatis regi solvend . sicut continet . in ligula brevium de hoc termino . et ad diem praedictum praedictus vic. returnavit breve , et mandavit , quod cepit in manum regis de terris & catallis praedicti gilberti ad valenciam 9 s. 4 d. praedictorum . et quia praefata regina mortua est , prout superius continetur , et denar . praedict . ad ( 5 ) regem et non ad alium de jure pertinent . ideo idem vic. viz. iohannes tracy oneretur versus regem de 9 s. 4 d. praedictis , praetextu retorn . sui praedicti . praeceptum fuit vic. somerset . & dorset . per breve dat . 21 febr. hoc anno 44. quod de terris & catallis willi●l●i bonevyll , willielmi blaneford , & rogeri gray pleg . praed . willielmi in balliva sua faceret 60 s. de quodam deb . c s. quos debent philippa● nuper reginae anglia consorti regis charissimae defunctae de auro suo , de ( 4 ) fine 50 l. pro , &c. et similiter de terris & catallis thoma de la ber● , ada atte more , iohannis thomere , ivonis childcome , & roberti bourton , ( 5 ) pleg . praedicti thomae in balliva sua fieri faceret 6 l. de quodam debit . 10 marc . quas debent praefatae nuper reginae de auro suo , de fine c. marc . pro ( 4 ) diversis transgressionibus , extortionibus , oppressionibus , conspirationibus , manutenentiis et grabaminibus , unde praedictus thomas de la ber● indictatus est ; ita quod denar . illos haberet hic in crastino sanctae trinitatis hoc termino , regi ibidem so●vend . sicut con● . in ligula brevium de hoc termino . et ad praedictum crastinum praedictus vic. retornavit breve , & mandavit , quod cepit in manum regis de terris et catallis praedicti willielmi bonevyll ad valentiam 60 s. praedictorum , & de terris & catallis praedict . thomae de la bere & ( 5 ) pleg . suorum praedictorum ad valenciam 13 s. 4 d. de debito praedicto● et qui● praefat . regina mortua es●● pro●t superius continetur , et d●n●r , ●●●dict . ad regem et no● ad alium de jure pertinent . ideo ide● vic. viz. ed●●●dus cheyne on●retur versus regem tam de praedictis 6● s. quam de praedicti● 13 s. 4 d. praetextu retorn . sui praedicti . praeceptum fuit vic. not. & d●rb . quod de terris & catallis iohannis d● saxton clerici in balliva sua fieri faceret 50 s. de quodam deb . 4 mar . quas debet philipp● nuper reginae a●gl . consorti reg. charissimae defu●●●ae de auro suo , de fine 40 mar . ( 4 ) pro maritagi● haer●d . willielmi de stre●ley● militis habend . &c. ( verbatim as in avrvm reginae page 52. ) praeceptum fuit vic. per breve dat . 24 die iunii anno 43 regis nunc , quod de bonis & catallis williel●i de bonevill , & willielmi blan●ford , & rogeri gray , ( 5 ) pleg . dicti willielmi in balliva sua fieri facerec c s. quo● debent philippae nuper reginae a●gli● defunctae de auro suo , de fine 50 l. pro ( 4 ) transgressione . et de bonis & catallis iohannis cole de brug●●watr● , & ( 5 ) pleg . suorum 13 s. 4 d. quos de●ent praefatae nuper reginae d● auro suo , de fine 10 marc . ( 4 ) pro vendicione bini cum ta●tell . fecibus et aliis ue●eribus et deb●libus vinis * commixtis , et per excessum et sine gaugea venditi , unde indictatus est . et de ●onis & catallis willielmi ( riche de bruggewatre & ( 5 ) pleg . ●uorum 13 s. 4 d. quos de●ent eidem nuper reginae de auro suo , de fine 10 marc . ( 4 ) pro eadem . et de bonis & catallis willielmi welde , iohannis bruyu , roberti iames , roberti boure , & roberti atte yarde ( 5 ) pleg . ejusdem willielmi 2c s. quos debent eidem nuper reginae de auro suo , de fine 10 l. ( 4 ) pro ●alsitatibus et deceptionibus per ipsum willielmum factis . et de bonis & catallis willielmi la●genowe , walteri frompton , & richardi barbon . de weymouth , ( 5 ) pleg . praedicti willielmi 8 s. 4 suo● de fine 10 marc . pro ( 4 ) benditione vini non gaugeati . et de bonis & catallis thomae de la bere , ada atte more , iohannis thomere , ivonis de childecome , & bourton● pleg . praedicti thomae 10 marc . quas debent eidem nuper reginae de auro suo , de fine 100 marc . pro ( 4 ) diversis transgressionibus , extortionibus , oppressionibus , conspirationibus , manutenentiis et gravaminibus , unde idem thoma● indictatus est . et per aliud breve dat . dicto 24 die iunii eodem anno 43. quod de bonis & catallis iohannis de stok● & walteri d● derby nuper ballivorum libertatis praefatae nuper reginae in villa bristoll in dicta balliva sua fieri faceret 4 l. quas debent eidem nuper reginae de 22 l. 13 s. 4 d. de remanen . compoti sui nuper ad scaccarium ejusdem reginae redditi . et per tertium breve dat . 28 die iunii dicto anno 43 regis nunc , quod de bonis & catallis roberti budde & roberti pokeswell ballivorum villae de brudport in dicta balliva sua fieri faceret 4 marc . qua● debent philipp● nuper reginae angliae defunct . de auro suo , de fine 40 marc . pro ( 4 ) licentia dandi quaedam terr . cum pertinen . in brudport cuidam capellano habend . ad manum mortuam . et de bonis & catallis roberti coventr . & lichf . episcopi 4 l. quas debet eidem nuper reginae de auro suo , de fine 10 l. pro ( 4 ) pardonacione transgr . habend . quam fecit adquirendo ●ibi et haeredi●us suis maner . de norton musgrosse , & hundr . de norton , et ea ingrediend . sine licentia regis . et per quac●um breve ●at . 24 die iunii eodem anno ●3 . quod de bonis & c●t●llis decani & capituli ecclesiae w●ll●● . in dict● b●lliva su● fieri f●ceret 20 s. quos debent prae●●tae nuper reginae de auro suo , de fine 10 l. pro ( 4 ) licentia recipiendi de exe●utoribus walteri de compton quondam ●ivis uillae w●lles quoddam ●urgag . ●t shop●s in welles , eisdem decano et capitu●o per praef●tum walterum legat . et e● re●in●nd . ●●bi et suc●●ss●ri●us ●uis imperpetu●m . it● quod denar . illos hab●●et hic modo in cr●stinum sancti michaelis praefatae reginae solbend . et ad praedictum crastinum vic. retornavit brevia , & mandavit , quod cepit in manum regis de bonis eorundem willielmi donevill , willielmi blan●ford , & roger● gray ( 5 ) pleg . ejusd . willielmi donevill , ad valenti●m 40 s. de debi●o praedicto . et de bonis ●t catallis iohannis c●l● de brugge●atre , & ( 5 ) p●e● . suorum , ad valentiam 1● s. 4 d. de debito pr●di●●o . et de bonis 〈◊〉 cat●llis willielmi cr●che de bruggew●●●r & ( 5 ) pl●g . s●orum , ad valentiam 13 s. 4 d. de debito praedicto . et de bonis & cat●llis willielmi w●lde & ( 5 ) pl●g . suorum , ad valenc . 20 s. praedictorum . et de bonis & ●atallis willi●lmi langy●●w & ( 5 ) pleg . suorum , ad valentiam 13 s. 4 d. de debito praedicto . et de bonis & catallis thom● de la bere & ( 5 ) pleg . suorum praedictorum , ad valenciam 13 s. 4 d. de debito praedicto . et de bonis & catallis praedicti iohannis de st●ke ad valenc . 13 s. 4 d. de debito praedicto . et de bonis et catallis roberti de budde et roberti ●okeswell ad val . 20 s. de debito praedicto . et de bonis et catallis roberti co●entr . & lychf. episcopi , ad valenc . 20 s. de debito praedicto . et de bonis & catallis decani et capituli ecclesiae wellen. ad valenciam 20 s. de debito praedicto , sicut continetur in i●dorsamento brevium praedict . et qui●●raefat● regina mortua est , sicut superi●● continetur , et 〈◊〉 pr●di●●i ad ( 5 ) regem de jure et non alii debent p●rtin●re ; idem vic. videlicet edmundus cheyne oneretur versus regem de summis pr●●●●t●● per ipsum in manum regis sic capt . praetextu returni sui praedicti . adhuc brevia returnab . de termino sancti michaelis anno 44 regis edwardi 3. post conquestum , ( rot. 2. intrat . ) rex vic. salu●em . praecipimus tibi , quod de bonis & catallis , terris & tenementis roberti n●ylynghurst clerici in b●lliva tua fieri facias 13 s. 4 d● quos deb●t philipp● nuper reginae a●gliae , c●nsorti nostrae ch●rissimae defunctae de auro suo , de fine ro mare● pro ( 4 ) ●●ver●●s transgressionibus et extor●●●ni●●● per ●p●●m ●●●tis , ●t ●●per ipsum 〈◊〉 per populum iohannis de s●dbury , & iohannis 〈◊〉 de 〈◊〉 . et de bonis & c●t●llis , terris & tenementis thom● street clerici , sene●calli iohannis 〈…〉 militi● in dicta balliva tua fieri fac●as 4 l. qu●● debet praefatae nuper reginae de auro s●o , de fine 10 l. pro ( 4 ) divers●● extor●●onibus , dampnis , et gr●vamin● 〈◊〉 ●uper ip●um prae●●ntatis per pop●●um r●geri de harleston , & thom● st●●s● de ass●ewell ; ita quod denarios illos habe●s ad scaccarium nostrum apud 〈◊〉 . in 〈◊〉 s●ncti 〈◊〉 . nobis ibidem solvend . t. t. l●●●l●w● 24 di● octo● . per ro●●lum de fin●bus , ●●it . & 〈◊〉 . & ●a●al● sugitivor●m coram iohann● k●y●e● & sociis suis justi●●●r . ad diversas transgressiones & maleficia in diversis com. audiend . & terminand . a●●●g● . anno 42. regis nunc . rex vic. salutem . praecipimus tibi , quod de bonis & catallis iohannis repere in balliva sua fieri facias 20 s. quos debet philipp● nuper reginae angli● , consorti nostrae carissimae defunctae de auro suo , de fine 10 l. per populum ricardi stonewey & henrici benedych ; ita quod denarios illos habeas ad scacarium nostrum apud westm. in crastino sancti hillarii nobis ibidem solvend . t. t. de lodelowe 24 die octobr. per rotulum de finibus exit . & amerc . ac catal . fugitivor . coram iohanne knyvet & sociis suis justic. ad diversas transgressiones & maleficia in diversis com. audiend . & terminand . assign . anno 42. regis nunc . rex vic. salutem . praecipimus tibi , quod de bonis & catallis rogeri de harleston , in balliva tua fieri facias 13 l. 13 s. 4 d. quos debet philipp● nuper reginae angliae , consorti nostrae carissimae defunctae de auro suo , de fine 238 marcarum , ( 4 ) pro divers●s transgressionibus , oppressionibus ambidextris , extortionibus , dampnis et gravaminibus praesentatis ( per populum ) iohannis fernill chivaler , thomae torell , ricardi salyng , simon . sleford de com. cantebr . rogeri berewich , thom● s●leman , rogeri austyn , & stephani de holbourne ; ita quod denarios illos habeas ad scaccarium nostrum apud westm. in crastino sancti hillarii nobis ibidem solvend . t. t. de lodelowe 22 die octobris . per rotulum de finibus , exit . & amerc . ac catallis fugitivorum coram iohanne knyvet & sociis suis justic. ad diversas transgressiones & maleficia in diversis com. audiend . & terminand● assign . anno 42 regis nunc . * de iohanne de stondele 26 s. 8 d. quos debet praefatae philpippae nuper reginae , &c. de auro suo , de fine 20 marc . pro ( 4 ) transgressione venationis in foresta de povesham & molk●stram , unde per cognitionem suam propriam convictus est . communia de termino sancti hillarii anno 44 regis edwardi tertii post conquestum rot. 2. dorso . in offic. remem . thesaurarii , in scaccario . praeceptum ●uit vic. lincoln . per breve hujus scaccarii dat . quarto die decembr . anno 44. regis nunc , quod non omitteret propter libertatem honoris de eye , quin ●am ingred . & de terris & catallis edmundi de swynford in balliva sua fieri faceret 26 s. 8. d. quos debet philippae nuper reginae augliae defunctae , de auro suo de fine 20 marc . pro ( 4 ) pardonacione transgressionis habenda , quam fecit adquirendo sibi et haeredi●us suis ma●erium de harlston quod de rege tenetur in capite , et al●ud ingred●endo sine licentia regis : ita quod denar . illos haberet hic in crastino sancti hillarii hoc termino regi solvendos , sicut continetur inter brevia execut● pro rege de hoc termino . et ad praedictum crastinum idem vic. retornavit breve & mand●●●● , quod cepit in manum regis de terris & catallis praedicti edmundi , ad vale●tiam debiti supradicti . et quia praesata regina mortua est , prou● superius continetur , et denar . praedicti ad ( 5 ) regem et non ad alium de jure pertinent ; ideo idem vic. thomas de ful●ethy oneretur versus regem de 26 s. 8 d. praedict . praetextu retorni sui praedicti . adhuc brevia retorn . de termino sancti trinitatis anno 44 regis edwardi tertii post conquestum , in offic. remem . thesaurarii in scaccario regis apud westm. ( rot. 4. intus ) regina . praeceptum est vic. quod de bonis & catallis hominum subscriptorum in balliva sua ●ieri faciant debita subscript . videlicet , de bonis & catallis nicholai sarduch mercatoris de lumbard 20 l. quas idem nicholaus debet philippae nuper reginae angli● , consorti regis charissimae defunctae , de avro svo de quodam ( 4 ) fine 200 l. pro pardonacione quorundam contemptuum et transgr . per ipsum nicholaum factorum . de bonis & catallis thomae conbriggs 66 s. 8 d. quas idem thomas debet praefatae nuper reginae de avro svo , de quodam fine 50 marc . pro ( 4 ) licencia dandi et assignandi tria messuagia cum pertin . in paroch . sancti andr●a de holbourn in suburbio london . abbati & conventui de malmesbury , habend . in manum mortuam . de bonis & catallis willielmi ol●eye 20 s. quos idem willielmus debet praefatae nuper r●ginae de avro svo , de quodam fine 10 l. pro ( 4 ) licencia adquirendi unum mess●agium , centum & quadraginta acr . terrae , 15 acr . pasturae , & quadraginta solidat . redditus cum pertin . in parochia sancti egidii lepro●orum extra barram veteris templi london . quae de rege tenentur in capite , habend . &c. et de bonis & catallis prioris & conventus de b●rnewell 40 s. quos idem prior & conventus debent praefatae nuper reginae de avro svo , de quodam fine 20 l. ( 4 ) pro pardonacione forisfactur . et transgr . quas fecerunt , adquirendo quaedam ten. in suburbio london . ●i●i et successoribus habend . ad manum mortuam ; qui quidem denar . occasione mortis ipssus nuper reginae ad manus ( 5 ) regis sunt devoluti : ita quod denarios illos habeant ad scaccarium regis apud westm. in crastino animarum , regi ibidem solvendos . t. t. de lodelowe apud westm. 12 die iulii , &c. per orig . de anno 43. regis nunc . praeceptum est vic. quod de bonis & catallis prioris ecclesiae beatae maria de wygorn . in balliva sua fieri faciat 40 s. quos debet philipp● nuper reginae angli● , consorti regis charissimae defunctae de avro svo , de quodam fine 20 l. pro ( 4 ) licencia adquirendi sex messuagia , duas carucatas , & tres virgatas terrae , & triginta & unum solidat . & octo denarrat . redditus eum pertin . in wygorn . habend . ad manum mortuam● qui quidem denarii occasione mortis praefatae nuper reginae ad manus ( 5 ) regis sunt devoluti . ita quod denarios illos habeat ad scaccarium nostrum apud westm. in crastino sancti martini , regi ibidem solvend . t. ut supra . per originale de anno 43 re●is nunc . praeceptum suit vic. quod de bonis & catallis● hugonis fil . richardi de saelkeld in balliva sua fieri faciat 20 s. quos debet philippae nuper reginae angli● , consorti regis charissimae defunctae de auro svo , de quodam fine 10 l. pro ( 4 ) pardonacione transgr . quam idem hugo fecit , adquirendo ad totam vitam suam maner . de corkeby , quod de rege tenetur in capite , et illud ingrediendo fine licencia regis ; qui quidem denarii occasione mortis praefatae nuper reginae ad manus regis sunt devoluti : ita quod denarios illos habeat ad scaccarium regis apud westm. in crastino sancti martini , regi ibidem solvend . t. ut supra . per origin . de anno 4● . regis nunc . ad quem diem vic. non retorn . breve . ideo praecept . ●uit e● sicut ali●s , &c. ita , &c. sicut cont . in memorand . anni sequentis inter brevi● retorn . de termino sancti michaelis , rot. 16. praecept . fuit vic. quod de bonis & catallis prioris sanctae oxo●● in balliva sua fieri fac . 40 s. quos debet philippae nuper reginae angliae , consorti regis carissimae defunctae , de auro svo , de quodam fine 20 l. pro ( 4 ) licencia adquirendi qua●uor messuagia , quinque shopas , septem acr . prati & di . cum pertin . in suburb . ejusdem villae ; ●abend . ad manum morcuam ; qui quidem denarii , occasione mortis praefatae nuper reginae , ad manus regis sunt devoluti ; ita quod denarios illos habeat ad scaccarium regis apud westm. in crastin . animarum , regi ibidem solvend . t. ut supra . per orig. de anno 43 regis nunc . praeceptum ●uit vic. quod de bonis & catallis prioris ecclesiae christi cantuar . iohannis valeys , thomae de welton , walteri da●cre personae ecclesiae de retherfeld , simonis de burgh , & willielmi topclyffs , in balliva sua fieri fa● . 60 l. quas debent philipp● nuper reginae , consorti regis carissimae defunctae de avro svo , de quodam fine 900 marc . pro ( 4 ) custodia temporalium archiepiscopatus cant. nuper vacantis habend . qui quidem denar . occasione mortis praefatae nuper reginae ab manus ( 5 ) regis sunt devoluti ; ita quod denarios illos habeat ad s●accarium regis apud westm. in crastino a●imarum , regi ibidem solvend . teste ut supra . per origin . de anno 43 regis nunc . praecept . fuit vic. quod de bonis & catallis abbatis de michel●eye in balliva sua fieri faciat 10 mar . quas debet philipp● nuper reginae angliae , consorti regis carissimae defunctae de avro svo , de quodam fine 100. mar . pro ( 4 ) licentia adquirendi sibi et successoribus suis maneria de westernehull● & esternhull cum pertin . habend . ad manum mortuam ; qui quidem denar . occasione mortis praefatae nuper reginae ad manus ( 5 ) regis sunt devoluti ; ita quod denar . illos habeat ad scaccarium regis apud westm. in crastino martini , regi ibidem solvend . teste ut supra . per origin . de anno 43 regis nunc . praeceptum fuit vic. quod de bonis & catallis hominum subscriptorum in balliva sua fieri fac . debita subscripta ; videlicet , de bonis & catallis prioris de penteneye 5. marc . quas idem prior debet philippae nuper reginae angliae , consorti regis carissimae defunctae de avro svo , de quodam fine 50 marc . pro ( 4 ) licencia adquirendi manerium de north●od●ham , & advocacionem medietatis ecclesiae ejusdem villae habend . ad manum mortuam . et de bonis & catallis willi●lmi de swynflet archidiac . norwicen . in dicta balliva sua fieri faciat 13 s. 4 d. quos idem willielmus debet praefatae nuper reginae de auro suo , de quodam fine 10 marc . pro ( 4 ) licentia dandi duo messuagia , tresdecim solida● . 10 denarrat . redditus , medietatetem unius messuagia in lenne episcopi , magistro hospitalis sancti iohannis de lenne episcopi , habend . ad manum mortuam ; qui quidem denar . occasione mortis praefatae nuper reginae ad manus ( 5 ) regis sunt devoluti ; ita quod denar . illos habeat ad scaccarium regis apud westm. in crastino s. martini , regi ibidem solvend . t. ut supra . per rot. memorand . de anno 43 r●gis nunc . adhuc brevia retorn . de t●rmino sancta trinitatis anno 44 regis edwardi 3. in offic. remem . thesaurarii in scacc. praeceptum est vic. quod de bonis & catallis prioris de lanthon . juxta glouc. in balliva sua fieri faciat 13 s. 4 d. qu●s deb●t philipp● nuper reginae angliae , consorti regis carissimae defunctae de auro suo , de quodam fine 10 marc . pro ( 4 ) licentia adquirendi duo mess●agia & tres shopas in villa glouc. habend . ad manum mortuam ; qui quidem denarii , occas●one mortis praefatae nuper reginae ad manus ( 5 ) regis sunt devoluti ; ita quod denar . illos habeat ad scaccarium regis apud westm. in crastino sancti martini , regi ibidem solvend . teste ut supra . per origin . de anno 43 regis nunc . ad quem diem vic. non retorn . breve ; ideo praeceptum ei sicut alias , &c. ita , &c. sicut continetur in memorand . anni sequ . inter brevia retorn . de termino sancti michaelis rot. 16. praeceptum est vic. quod de bonis & catallis abbatis beatae mariae de derbey● , in balliva sua fieri fac . 60 s. quos debet philippa nuper reginae angliae consorti regi● carissimae defunctae de auro suo , de quodam fine 30 l. pro ( 4 ) licencia adquirendi decem messuagia , unum molendinum , quatuor shopas , sex cottagia , 50 acr . terrae , 10 acr . prati , & 10 solidat . redditus in derb. habend . ad manum mortuam ; qui quidem denar . occasione mortis praefatae nuper reginae ad manus ( 5 ) regis sunt devoluti ; ita quod denarios illos habeat ad scaccarium regis apud westm. in crastino sancti martini , regi ibidem solvendos . t. ut supra . per origin . de anno 43 regis nunc . praeceptum fuit vic. quod de bonis & catallis hominum subscriptorum in balliva sua fieri fac . debita subscripta , viz. de bonis & catallis nicholai dand●leye 53 s. 4 d. quos idem nicholaus debet philippae nuper reginae anglia consorti regis carissimae defunctae de auro suo , de quodam fine 40 marc . pro ( 4 ) licentia feoffandi ricardum roberd personam ecclesiae de monyton , & rog●rum naissh personam ecclesiae de petreston de manerio de egemundon , quod de rege tenetur in capite , ●abend . et d● bonis & cat●llis iohannis fil . iohannis boulewas 8 l. quas idem iohannes fil . iohannis debet praefatae nuper reginae de auro suo , de quodam fine 4 l. pro ( 4 ) pardonacione transgr . quam idem iohannes fil . iohannis fecit , alienando maneria de bonlewas in isenbriggs cum pertin . & advocationem dicti manerii de boulewas , quae tenentur de rege in capite siue licencia regis ; qui quidem denar . occasione mortis praefatae nuper reginae , ad manus ( 5 ) regis sunt de voluti ; ita quod denarios illos habeat ad scaccarium regis apud westm. in crastino martini●idem ●idem regi ibidem solvendos . t. ut supra . per origin . de anno 43 regis nunc . ad quem diem vic. non retornavit breve . ideo praecept . ei , sicut alias , &c. ita , &c. sicut continetur in memorand . anni seqn . inter brevia retorn . de termino s. michael● , rot. 16. praeceptum est vic. quod de bonis & catallis hominum subscriptorum in balliva sua fieri fac . debita subscripta ; viz. de bonis & catallis g●rardi de braybroks 40 s. quos idem gerardus debet philippae nuper reginae angliae , consorti nost●ae charissimae defunctae de auro suo , de quodam fine 20 l. pro ( 4 ) licentia des●onsandi isabellam , quae fuit uxor iohannis de wodhull , quae de rege tenet in capite . et de bonis & catallis almar . de sancto amando 40 s. quos idem almar . debet praefatae nuper reginae de auro suo , de quodam fine 10 l. pro ( 4 ) pardonac . transgress . habend . quam idem almaricu● fecit feoffando willielmum de muls● & alios de maneriis de h●rlyngdon in dicto com. de bedf. & wastilden in com. berks , quae de rege tenentur in capite ; qui quidem denar . occasione mortis praefatae nuper reginae ad manu● ( 5 ) regis sunt devoluti ; ita quod denarios illos habeat ad scaccarium regis apud westmonaster . in crastino animarum , regi solvend . t. t. &c. per origin . de anno 43. regis nunc . ( con simile breve pro eodem auro ex●at inter communia de termino s. michaelis an. 45 edwardi 3. rot. 10. in eodem officio ; with this addition ; et ad diem illum vic. retornavit breve , & mandavit , quod cepit in manum regis de bonis & catallis praedict . gerardi & almarici , ad valenciam debitorum praedictorum . et quia praefata regina mortua est , sicut superius continetur , et denar . praedict . ad ( 5 ) regem de jure et non alii pertinent ; ideo idem vic. viz. iohannes de aylesbury oneratur versus regem de 4 l. praedict . praetextu retorn . sui praedicti . praeceptum est vic. quod de bonis & catallis hominum subscriptorum in balliva sua fieri fac . debita subscripta , viz. de bonis & catallis rogeri abbatis de neubo 13 s. 4 d. quos idem rogerus debet philippae nuper reginae angliae , consorti nostrae charissimae defunctae de auro suo , de quodam fine 10 marc . pro ( 4 ) licencia adquirendi quatuor messuagia , 11 bovatas terrae , 10 acr . prati & dimid . & duas solidar . redditus , cum pertin . in west-alington , s●gbroks , & alibi in dicto com. lincoln . & in com. not. habend . ad manum mortuam . et de bonis & catallis thomae de mussenden 20 s. quos idem thomas debet praefatae nuper reginae de auro suo , de quodam fine 10 l. pro ( 4 ) licencia dandi manerium de kelsterne , quod de rege tenetur in capite , edmundo fil . ejusdem thomae & iuliana uxori ejus ; qui quidem denar . occasione mortis praefatae nuper reginae ad manus regis sunt devoluti ; ita quod denar . illos habeat ad scaccarium regis apud westm. in crastino sancti martini , regi ibidem solvend . teste t. &c. per origin . de anno 43 regis nunc . praeceptum est vic. quod de bonis & catallis hominum subscriptorum in balliva sua fieri fac . debita subscripta , videlicer , de bonis & catallis walteri de vicewyks 20 s. quos idem walterus debet philippae nuper reginae angliae , consorti nostrae carissimae defunctae de auro suo , de quodam fine 10 l. pro ( 4 ) licentia adquirendi sibi et haeredibus suis viginti mareat . annui . redditus , quas thomas de abberton habuit & percepit de wapentach de langhbergh , quod de rege tenetur in capite . et de bonis & catallis willielmi deynill de tokwiks 26 s. 8 d. quos idem willielmus debet praefatae nuper reginae de auro suo , de quodam fine 20. marc . pro ( 4 ) licencia dandi quatuor marcat . redditus in tokwyks ad manum mortuam , qui quidem denar . occasione mortis praefa●ae nuper reginae ad manus ( 5 ) regis sunt devoluti ; ita quod denar . illos habeat ad scaccarium apud westm. in crastino sancti martini , regi ibidem solvend . t. t. &c. per origin . de anno 43 regis nunc . praeceptum est vic. quod de bonis & catallis frederici de tylneye in balliva sua fieri fac . 13 s. 4 d. quos debet philippae nuper reginae angliae , consorti nostrae charissimae defunctae de auro suo , de quodam fine 10 marc . pro ( 4 ) transgress . et extors . super ipsum praesentatis per populum thomae de thorpe , & alexandri donnvyks ; qui quidem denar . occasione mortis prae●atae nuper reginae ad manus ( 5 ) regis sunt devoluti ; ita quod denar . illos habeas ad scaccarium regis apud westm. in crastino sancti martini , regi ibid. solvend . teste t. &c. per rotulum de finibus factis , necnon catallis forisfact . coram rege de terminis paschae & trin. & michaelis , anno 43 regis nunc fact . praeceptum est vic. quod de bonis & catall . rogeri de charlton & elizabeth . uxoris ejus in balliva sua fieri fac . 15 s. 4 d. quos debet philippae nuper reginae angliae consorti nostrae carissimae defunctae de auro suo , de quodam fine 11 marc . & dimid . pro ( 4 ) licencia con●ordandi cum iohanne de stok● , & willielmo de hereford . de lodelowe , de manerio de cyford in com. glouc. maneriis de langenorbe , & wultereton in com. stafford , & de maner . de byllingleye , mylynchope , hungerford , & barwardesleye in com. salop. qui quidem denar . occasione mortis praefatae nuper reginae ad manus ( 5 ) regis sunt devoluti ; ita quod denar . illos habeas ad scaccarium regis apud westm. in crastino sancti martini regi ibidem solvend . t. t. &c. per rotulum de f●nibus & exit . de banco de termino michaelis anno 42. & terminis hill. & pascha anno 43 regis nunc . ad quem diem vic. non retorn . breve , ideo praeceptum est ei , &c. sicut alias , &c. ita , &c. sicut cont . in memorand● an. sequ● inter brevia retorn . de termino sancti micha●lis , rot. 16. inter communia de termino sancta trinitatis● anno 44 regis edwardi tertii ( rot 5. ) in offic. remem . thesaurarii in scacc. praeceptum fuit vic. eborum per breve dat . 24 die aprilis , quod de terris et catallis willielmi de nessefield in balliva sua fieri faceret 6 s. 8 d. de quodam debit . 60 s. quos debet philippae nuper reginae angliae , consorti regis charissimae defunct . de auro suo , de fine 30 l. pro ( 4 ) licentia dandi quaedam terr . et ten . in scotton et thorpe ad manum mortuam . et per aliud breve dat . 21 die febr. supradict . anno 44. quod de terris & catallis walteri faucomberge in dicta balliva sua fieri faceret 4 l. 4 s. 4 d. de quodam debit 10 l. quas debet praefat . p. nuper reginae de auro suo , de ( 4 ) fine 100 l. pro quibusdam terr . et ten . in westherleseye , burton in kendale , carleton in balno bratthaweyt , & thorneton in the denes forists sibi per regem dat . & concessis . et per tertium breve dat . dicto 24 die aprilis●upradict ●upradict . anno 44. quod de terris & catallis praedicti willielmi de nessefeld in dicta balliva sua fieri faceret 16 l. 6 s. 8 d. de quodam debit . 20 l. quas debent praefatae nuper reginae de auro suo , de fine 200 l. pro ( 4 ) quibusdam ●err . et ten . in scotton et brereton sibi per regem concessis ; ita quod denar . illos haberet h●c in cr●stino sanctae trinitatis hoc termino regi solvend . et ad diem praedictum praedict . vic. retorn . brevia sua , & mandavit , quod cepit in manum regis de terris & catallis praedicti willielmi de n●ssofeld ad vavalentiam 33 s. 4 d. de debit . praedict . et similiter returnavit , quod cepit in manum dicti domini regis de terris & catallis praedicti walteri de fa●comb●rg● ad valenc . 40 s. de debito praedicto . et quia praefat . regina mortua est , prout superius continetur , et denar , praedict . ad ( 5 ) regem et non ad alium de jure pertinent ; ideo idem willielmus de acon oner●tur versus regem 73 s. 4 d. praedict . praetextu retorn . suorum praedictorum . inter communia de termino s. trinitatis anno 44 regis edwardi 3. pest conquest . rot. 5. praeceptum fuit vic. oxon. & berks per breve dat . 21 die febr. anno 44 quod de terris & catallis nicholai carren in quorumcumque manibus existerent in balliva sua fieri faceret 53 s. 4 d. de quodam debit . 4 l. quas debet philippae nuper reginae anglia , consorti regis charissimae defunctae de avro suo , de fine 10 l. pro ( 4 ) maritagio roberti ●●l . et haered . radulphi de turbervyll defuncti habend . sine disparagatione ; ita quod denar . illos habere● hic in crastino sanctae trinitatis hoc termino regi solvend . sicut continetur in ligula brevium de hoc termino . et ad diem illum praedict . vic. returnavit breve , & mandavit , quod cepit in manum regis de terris & catallis praedicti nicholai ad valenciam 13 s. 4 d. de debit . praedict . et quia praefata regina mortua est , prout superius continetur , et denar . praedict . ad ( 5 ) regem et non ad alium de jure pertinent ; ideo idem vic. viz. tho de ●a mare oneretut versus regem de 13 s. 4 d. praedict . praetextu retorn . sui praedicti . inter communia de termino sancti michaelis anno 45 regis edwardi 3. post conquestum , rot. 10. praeceptum fuit vic. warr. & l●yc . per breve hujus scaccarii , dat . 18● die iunii anno 43 regis nunc , quod de bonis & catallis iohannis damaste & thomae randolphs et de ( 5 ) terris et ten . quae sua fuerunt anno 42. regis hujus , seu postea in quorumcumque manibus eadem terrae et ten . existerent in balliva sua fieri facere● 53 s. 4 d. quos debent philippa nuper reginae a●glia defunctae de auro suo , de fine 40. marc . pro ( 4 ) licencia dandi centum solidat . redditus in coventre duobus capellanis habend . ad manum mortuam ; ita quod denar . illos haberet hic in crastino sancti michaelis , anno 44 regis nunc incipiente , praefatae nuper reginae solvend . sicut continetur in ligula brevium de eodem termino . et ad diem illum praedictus vic. retornavit breve , & mandavit , quod fecit return . ejusdem brevis iohanni de toste majori● iohanni de pomtefreyts , & adae de keretleye ballivis libertatis villae de coven●re , qui plenum returnum ejusdem brevis habent , et executionem ejusdem , qui sibi sic respondent , quod ceperunt in manum domini regis de bonis & catallis terris & tenementis praedictorum iohanni● d●maste & thomae randolfs , ad valentiam 53 s. 4 d. et quia praefata regina mortua est , prout superius continetur , et den●rii praedicti ad ( 5 ) regem de jure et non ad alium de jure debent pertinere ; ideo idem major . & ballivi onerentur versus regem de 53 s. 4 d. praedictis praetextu return . sui praedicti praeceptum fuit vic. essex & hertford per breve hujus scaccarii dat . 13 die f●br●arii anno 44 regis nunc , quod de bonis & catallis , terris & tenementi● roberti d● naylynghurst clerici b●lliva sua fieri faceret 13 s. 4 d. quo● debet philippa nuper reginae a●gli● defunct . de auro suo , de fine 10 marc . pro ( 4 ) divers●s transgr . et extortionibus per ipsum factis et super ipsum praesentatis per sacramentum iohannis de su●bury & iohannis siwall de cogges●al● . et per aliud breve dat . 28 die iunii dicto anno 43. quod de bonis & c●t●llis richardi puncherdon , & de terris & tenementis quae sua fuerunt anno 40 regis hujus , seu ( 5 ) postea in quorumcumque manibus , &c. in dicta balliv● sua fieri faceret cxiii s. 4 d. de reman . 10 marc . quos debent eidem nuper reginae de auro suo , de fine c. marc . pro ( 4 ) maritagio edwardi fil . & haeredis iohan●is de ●enstede , habend . absque disparagatione . et per tertium br●ve dat 9 die iunii anno 44. quod de terris & cata●lis thom● de colkerks fratris & haeredis ada de colk●rks , nuper ballivi praefatae nuper reginae m●nerii de haverings a●●e b●nre in dicta balliva sua fieri faceret 20 l. in quibus praefatus thomas versus praefatam nuper reginam in vita sua per praedict . adam oneratus fuit ; ita quod denar . illos haberet hîc modo in crastino sancti michaelis hoc termino regi solvend . sicut continetur inter brevia executa pro rege hoc termino . et ad diem illum praedictus vic. retornavit brevia sua , & mandavit , quod cepit in manum regis de terris & catallis roberti de naylynghurst ad valentiam 13 s. 4 d. pr●dictor . et de terris et catallis praedicti richardi puncherdon ad valentiam 13 s. 4 d. de debito praedicto . et de terris et catallis praedicti thom● de colkerks , ad valentiam 40 s. de debito praedicto . et quia pr●fata regina mortua est , prout superius continetur , et denar . praedicti ad ( 5 ) regem ●t non ad alium de jure pertinent ; ideo idem vic. rogeru● keterich on●retur versus regem de praedictis 66 s. 8 d. per ipsum in manum regis sic capt . praetextu re●orn . suorum praedict . praeceptum fuit vic. eborum per breve hujus scaccarii dat . 12 die iulii anno 43 regis nunc , quod de bonis & catallis willielmi deynell de tokwyth in balliva sua fieri faceret 26 s. 8 d. quos idem willielmu● debet philipp● nuper reginae anglia defunctae de auro suo , de quodam fine 20 marc . pro ( 4 ) licentia dandi quatuor marcat . redditus in t●kwyth , ad manum mortuam . et per aliud breve dat . primo die octobr. anno 44. praedicto , quod de terris & cat●llis margaret● quae fuit u●or de — bulmere , & edwardi de frethby firmariorum custod . maneriorum quae sunt de haereditate haeredis dicti radulphi in com. eborum . quae philippa nuper regina a●gliae defuncta tenuit ad terminum vitae suae ex conce●●ione regis in dicta balliva , fieri faceret c l. 2 s. 7 d. ob . quos reg●nae debet de arreragiis firmae praedictae ; ita quod denar . illos haberet hîc in crastino sancti martini hoc termino , sicut continetur in ligula brevium de hoc termino . et ad diem illum praedictus vic. retornavit breve , & mandavit , quod cepit in manum domini regis de terris & catallis praedictorum margaret● & edwardi ad valenc . c ● . de debito praedicto . et quia praefata regina mortua est , prout superius continetur , et denar . praedict . ad ( 5 ) regem et non ad alium de jure pert●nent ; ideo idem vic. viz. willielmu● de acon oneretur versus regem de 6 l. 6 s. 8 d. praetextu retorn . suorum praedict . praeceptum fuit vic. northumbr . per breve hujus scaccarii dat . 12 die iulii anno 44 regis nunc , quod de bonis & catallis hominum comitat . northumbr . except . libertat de tyndale , &c. ( as in aurum regina , p. 53. ) fieri faceret 80 mar . remanen . c. mar . quos debet philippae nuper reginae angliae defunctae de auro suo , de fine m. mar . pro ( 4 ) carta generali habenda . et per aliud breve dat . praedicto 7 die iulii dicto anno 44. quod non omitteret propter libertatem novi castri super tynam , quin eam ingrederetur , et de bonis & catallis magistri & fratrum hospitalis beatae mariae in le westgate in novo castro super tynam , in dicta balliva sua fieri faceret 3 s. 3 d. de remanen . 20 s. quos debent praefatae nuper reginae de auro suo , de fine 10 l. pro ( 4 ) pardonatione transgr . habenda , quam fecerunt adquirend . quaedam ten. cum pertin . in eadem uilla ad manum mortuam , sine licentia regis ponend . ita quod denar . illos hab . hîc in crastino s. martini hoc termino regi solvend . sicut continetur inter brevia executa pro rege de hoc termino . et ad diem illum praedictus vic. retornavit brevia sua , & mandavit , quod cepit in manus regis de terris & catallis hominum comitat. northumb. & aliorum post eos in brevi contentorum ad valentiam 40 s. de debito praedicto ; et de terris & catallis praedictorum magistri & fratrum ad valenciam 13 s. 4 d. de deb . praedict . et quia praefat . regina mortua est , prout superius continetur , et denar . praedict . ad regem et non ad alium de jure pertinent . ideo idem vic. viz. ricardus de horsleye oneretur versus regem 43 s. 4 d. praedict . praetextu retorn . suorum praedictorum . inter recorda termino sancti hillarii anno 45 regis edwardi tertii , rot. 9. dorso . in offic. remem . thesaurarii , in scaccario . praeceptum fuit vic. eborum per breve hujus scaccarii dat . 14 die febr. anno 44 regis nunc , quod de terris & catallis margaretae quae fuit uxor de bulmere . & edwardi de frethebey firmariorum custodiae maneriorum quae sunt de haereditate haeredis dicti radulphi in com. praedicta , quae philippa nuder regina angliae defuncta tenuit ad terminum vitae suae ex concessione regis , in balliva sua fieri faceret 96 l. 2 s. 2 d. ob . de reman . c 1 l. 2 s. 2 d. ob . quos reginae debet de arreragiis firmae praedictae . et per aliud breve dat . 6 die octobr. supradicto anno 44. quod de terris & catallis willielmi de ness●feld in dicta balliva sua fieri faceret 15 l. de reman . 20 l. quos debet philippae nuper reginae angliae de auro suo , de ( 4 ) fine cc l. pro ( 4 ) quibusdam terris et tenementis in scotton & brereton sibi per regem concessis . et● per tertium breve dat . 20 die octobr. supradict . anno 44. quod de bonis & catallis walteri de faucombrige in dicta balliva sua fieri faceret 40 s. de reman . 10 l. quas debet praefatae nuper reginae de auro suo , de quodam fine c l. pro ( 4 ) diversis terris et tenementis in diversis villis in com. eborum forisfactis , sibi per regem datis et concessis ; ita quod denar . illos haberet hic in crastino sancti hillarii hoc termino regi solvendos , sicut continetur inter brevia executa pro rege de hoc termino in eborum . et ad diem illum praedictus vic. retornavit brevia praedicta , & mandavit , quod cepit in manum regis de terris & catallis praedictorum margareta & edmundi ad valentiam c s. de debito praedicto . et de terris et catallis praedicti willielmi de nessefeld , ad valentiam 20 s. de debito praedicto . et de terris et catallis walteri de fa●comberge ad valentiam 20 s. de debito praedicto . et quia praesata regina mortua est , prout superius continetur , et denar . praedicti ad ( 5 ) regem et non ad alium de jure pertinent ; ideo idem vic. viz. iohannis bygod oneretur versus regem de 7 l. praedictis , praetextu retornorum suorum praedictorum . ibidem inter communia de termino sancti hillarii anno 45 regis edwardi tertii , ( rot. 9. ) praeceptum fuit vic. cant. & hunt. per breve hujus scaccarii dat . 20 die novembr . anno 44 regis nunc , quod de bonis & catallis prioris & conventus de ber●ewell in balliva sua fieri faceret 40 s. quos iidem prior & conventus debent philippa nuper reginae angliae defunct . de auro suo , de quodam fine 20 l. pro ( 4 ) pardonacione forisfactur . et transgressionis quas secerunt , &c. ( verbatim as in avrum reginae . ) praeceptum fuit vic. northt . de bonis & catallis thoma de brauncestre & ag● . uxoris ejus in balliva sua fieri faceret 10 s. de reman . 20 s. quos debent philippae nuper reginae de auro suo , de fine 10 l. pro ( 4 ) maritagio felice ●●l . et unius haeredum hugonis de mussingden habendo , &c. ( verbatim as in my avrvm regiae , p. 51. ) praeceptum fuit vicecomiti not. & derb. per breve hujus scaccarii dat . 13 die novembris anno 44 regis nunc , quod de terris & catallis roberti de morton & richardi po●trell , firmariorum castri villae & honoris de alto pett● in com. derb. quae philippa nuper regina anglia defuncta tenuit ad terminum vitae suae ex concessione regis in balliva sua fieri faceret 20 l. de reman . 25 l. quas regi debet de arreragiis firmae praedicta . et per aliud breve dat . ●6 die octobris supradict . anno 44. quod de bonis & catallis iohannis de saxton in balliva sua ●ieri faceret 33 s. 4 d. de reman . 53 s. 4 d. quos debet praefatae nuper reginae de auro suo , de fine 40 mar . pro ( 4 ) maritagio haeredis willielmi de stredley militis habend . ita quod , &c. ( verbatim as in my avrvm reginae , p. 52. ) praeceptum fuit vic. lincoln . per breve hujus scaccarii , dat . 13 die novemb. anno 44. regis nunc , quod de bonis & catallis rogeri abbatis de neubo in balliva sua fieri faceret 13 s. 4 d. quos idem rogeru● debet philippa nuper reginae anglia defunctae de avro svo , de quodam fine 10 marc . pro ( 4 ) licentia , &c. ( verbatim as in my avrvm reginae , p. 52. ) inter communia de termino paschae anno 45 regis edwardi tertii , post conquestum , ( rot. 12. ) praeceptum fuit vic. salop. per breve hujus scaccarii dat . 16 die februarii hoc anno 44. regis nunc , quod de terris & catallis nicholai dandleye in balliva sua fieri faceret 53 s. 4. d. quos idem nicholau● debet philippae nuper reginae angli● defunctae , de auro suo , de fine 40 marc . pro ( 4 ) licentia feoffandi ricardum roberd personam ecclesiae de mon●ton , & rogerum naish personam ecclesiae de petrestone , de manerio de egemundon , quod de rege tenetur in capite , babend . et per aliud breve dat . praedicto 16 die febr. dicto anno 45. quod de terris & catallis rogeri de charleton & elizabethae uxoris ejus in dicta balliva sua fieri faceret 15 s. 4 d. quos debet praefatae nuper reginae de auro suo , de quodam fine 11 marc . & dimid . pro ( 4 ) licencia concordandi cum iohanne de stoke & willielmo de hereford de lodelowe de manerio de byford in com. glouc. maneriis de langenorth & walter eton in com. stafford , & de maneriis de billyngleye , milinchope , hungerford , & berwardetleye in praedicto com. salop ; ita quod denar . illos haberet hîc modo in crastino clausi paschae hoc termino regi solvend . sicut cont . inter brevia executa pro rege de hoc termino in salop. et ad praedictum crastinum praedictus vic. retornavit breve & mandavit , quod cepit in manum domini regis de terris & catallis praedicti nicholai ad valentiam 53 s. 4 d. praedictorum . et de terris & catallis praedictorum rogeri & elizabeth . ad valentiam debi●i praedicti . et quia praefata regina mortua est , prout superius continetur , & denar . praedicti ad ( 5 ) regem et non ad alium de jure pertinent , ideo idem vic. videlicet robertus de kendale oneretur versus regem de 68 s. 4 d. praedictis praetextu retornorum suorum praedictorum . praeceptum fuit vic. eborum per breve hujus scaccarii dat . 16 die ianuarii anno 44. regis nunc , quod de bonis & catallis willielmi de nessefield in balliva sua fieri faceret 14 l. de remanen . 20 l. quas debet philipp● nuper reginae angli● defunctae , de auro suo , de fine cc l. pro quibusdam terris et tenementis in scotton & brereton sibi per regem concessis . et per aliud breve dat . die & anno praedicto , quod de bonis & catallis walteri fauconberge , in dicta balliva sua fieri faceret 20 s. de reman . 10 l. quas debet praefatae nuper reginae de auro suo , de fine c l. pro quibusdam terris et tenementis in westherlesey● , burton in kendale , carleton in bal●e , braithawe● & thornton in the denis foristes , sibi per regem dat . et concessis ; ita quod denar . illos haberet hic in crastino clausi pascha hoc termino regi solvend . sicut cont . inter brevia executa pro rege de hoc termino . et ad praedictum crastinum vic. retorn . breve praedictum , & mandavit , quod cepit in manum regis de bonis & catallis praedicti willielmi de n●ssefield ad valenciam 60 s. de debito praedicto . et similiter de bonis et catallis praedicti walteri de faucomberge ad valentiam 20 s. et quia praefata regina mortua est , prout superius continet●r , et denar . praedicti ad ( 5 ) regem et non ad alium de jure pertinet , idem vic. viz. iohannes bygod oneretur versus regem de 4 l. praedicti praetextu retornorum suorum praedictorum . praeceptum fuit vic. n●rthumbr . per breve hujus scaccarii dat . 28 die ianuarii anno 45 regis nunc , quod de bonis & catallis hominum com. northumbr . except . liber●at . de tyndale , &c. ( as in avrum reginae , p. 53. ) fieri faceret 74 marc. 6 s. 8 d. reman . c. mar. quas debet philippae nuper reginae angliae defunctae de auro suo , de fine 1000 mar . pro ( 4 ) carta generali habenda ; ita quod denar . illos haberet hic in crastino clausi p●sch● hoc termino regi solvend . sicut continetur in brevia executa pro rege de termino , &c. et ad praedictum crastinum praedictus vic. return . brevia , & mandavit , quod cepit in manum regis de terris & catallis hominum praedictorum in balliva sua ad valenciam 10 l. de debito praedicto . et quia praefata regina mortua est , prout superius continetur , et denarii praedicti ad ( 5 ) regem et non ad alium de jure pertinent . ideo idem vic. viz. ric●ardus de horsleye oneretur versus regem de 10 l. praedictis , praetextu retorni sui praedicti . praeceptum fuit vic. cumbr. per breve hujus scaccarii dat . 14 die febr. hoc anno 45. quod de terris & catallis hugonis fil . ricardi saw●ld in balliva sua fieri faceret 22 s. quos debet philippae nuper reginae angliae de functae de auro suo , de quodam fine 10 l. pro ( 4 ) pardonatione transgressionis habenda , quam idem hugo fecit adquirendo ad totam vitam suam manerium de cork by quod de rege tenetur in capite , et illud ingrediendo sine licentia regis ; ita quod denar . illos haberet hîc in crastino clausi pascha hoc termino regi solvend . sicut continet . inter brevia executa pro rege de hoc termino in cumbr. et ad praedictum cra●tinum praedictus vic. retornavit breve , & mandavit , quod cepit in manum domini regis de terris et catallis praedicti hugonis ad valenciam totius d●biti . et quia praefata regina mortua est , prout superius continetur , et denarii praedicti ad ( 5 ) regem et non ad alium de jure pertinent ; ideo idem vic. viz. adam parnyngs oneretur versus regem de 20 s. praedictis praetextu retorn . i● praedicti . praeceptum fuit vic. essex . per breve buju● scaccarii dat . 18 die febr. hoc anno 45. quod de terris & catallis rich●●di p●●chardo● fieri faceret c s. quos debet philippa nuper reginae angli● defunctae de auro suo , de quodam fine c. marc. pro ( 4 ) maritagio edwardi fil . et haeredis iohannis de bensted● habend . absque disparagatione ; ita quod denar . illos haberet hîc in crastino clausi pascha hoc termino regi solvend . sicut contin●tur inter brevia executa pro rege de hoc termino . et ad crastinum praedictum praedictus vic. returnavit breve , et mandavit , quod cepit in manum regis de terris & catallis praedicti nich●lai●d ●d valentiam 13 s. 4 d. de debito praedicto . et quia praefata regina mortua est , ●icut superius continetur , et denar . praedicti ad ( 5 ) regem et non ad alium de jure pertinent ; ideo idem vic. viz. thomas de bassingbourne oneretur versus regem de 13 s. 4 d. praedictis , praetextu retorni praedicti . praeceptum fuit vic. kanc. per breve hujus scaccarii dat decimo die d●c●mbr . anno 44. regi● nunc , quod de terris & catallis prioris de ledes in balliva sua fieri faceret 40 s. quos debet philippa nuper reginae angliae defunctae de avro svo , de fine 20 l. pro ( 4 ) licentia dandi custodi capellae beatae maria de noue●●● , advocationem medietatis eccl●s●ae de halinghton , et quandam pen●●onem s●x solidorum , et octo denariorum eldem priori de dicta eeclesia debit . habend . et tenend . eidem cus●●di et successoribus suis imperpetuum ; ita quod denar . illos haberet hîc in crastino clausi paschae hoc termino regi solvend . sicut continetur inter brevia executa pro rege de ho● termino in kanc. et ad praedictum crastinum praedictus vic. retornavit breve , & mandavit , quod cepit in manum regis de terris & catallis praedict . prioris ad valentiam debiti praedicti . et quia praefata regina mortua est , prout superius continetur , et denar . praedicti ad ( 5 ) regem et non ad alium de jure pertinent . ideo idem vic. viz. willielmus pympe oneretur versus regem de 40 s. praedictis , praetextu retorni sui praed●cti . praeceptum fuit vic. wygorn . per breve hujus scaccarii dat . 24 die febr. hoc anno 45. quod de terris & catallis prioris ecclesiae beatae mari● de wygorn . in balliva sua fieri faceret 40 s. quos debet philippae nuper reginae angliae defunct . de auro suo , de fine 20 l. pro ( 4 ) licencia adquirendi sex messuagia , duas carucatas , & tres virgatas terrae , triginta & unam solidat . & octo denar . reddit . cum pertin . in wygor● . habend . ad manum mortuam ; ita quod denar . illos haberet hîc in crastino clausi paschae hoc termino regi solvend . sicut continetur inter brevia executa pro rege de hoc termino in wygorn . et ad praedictum crastinum praedictus vic. retornavit● breve , & mandavit , quod cepit in manum regis de terris & catallis praedicti prioris ad valentiam debiti ; et quia praefata regina mortua est , prout superius continetur , et denar . praedicti ad ( 5 ) regem et non ad alium de jure pertinent ; ideo idem vic. viz. ricardus rynhale oneretur versus regem de 40 s. praedictis , praetextu retorni sui praedicti . praeceptum fuit vic. somerset & dorset per breve hujus scaccarii da● . 10 die febr. hoc anno 45. quod de terris & catallis thomae de la bere & ( 5 ) plegiorum suorum in bulliva sua fieri faceret 4 l. de reman . 10 marc. quas idem thomas debet philippae nuper reginae angliae defunctae , de● auro suo , de fine c. marc. pro ( 4 ) diver●is transgressionibus , extorcionibus , oppressionibus , conspirationibus , manu●enentiis et gr●vaminibus unde praedictus thomas de la b●re indictatus est . et per aliud breve dat . 28 die ianuarii dicto anno 45. quod de terris & catallis abbatis de michelneye in dicta balliva sua fieri faceret 7 mar. de reman . 10 mar. quas debent praefatae nuper reginae d● avro svo , de fine c. marc. pro ( 4 ) licencia adquirendi sibi et suceessoribus suis maneria de westernehull & easternhull cum pertin . habend . ad manum mortuam . ita quod denar . illos haberet hîc in crastino clausi paschae hoc termino regi solvendos , sicut continetur inter brevia executa pro rege de hoc termino in somerset & dorset . et ad praedictum crastinum praedictus vic. retornavit brevia sua , & mandavit , quod cepit in manum regis de terris & catallis praedicti thomae de la bere & ( 5 ) plegiorum suorum praedictorum ad valentiam 26 s. 8 d. et de bonis & catallis praedicti abbatis de michelneye ad valentiam 33 s. 4 d. debitis praedictis . et quia praefata regina mortua est , prout superius continetur , et denar . praedicti ad ( 5 ) regem , et non ad alium de jure pertinent ; ideo idem vic. viz. willielmus winterbourne oneretur versus regem de 40 s. praedictis , praetextu retornorum suorum praedictorum . consimile breve versus eosdem inter recorda termino sancti hillarii , rot . 9. inter communia & recorda de termino sancta trinitatis , anno 45 regis edwardi tertii post conquestum ( rot. 8. intus . ) praeceptum fuit vic. norff. per breve hujus scaccarii , dat . 21 die maii hoc anno 45. quod de bonis & catallis willielmi de swynflet archidiaconi norwic. in balliva sua fieri faceret● 13 s. 4 d. quos idem willielmus debuit philipp● nuper reginae anglia defunctae de auro suo , de quodam fine 10 marc . pro ( 4 ) licentia ●●ndi duo messuagia , tresdecim solidat . & quatuor denar . redditus , & medie●●tem unius messuagii in lenn● episcopi , magistro hospital . sancti iohannis de lenne episcopi , habend . ad manum mortuam ; ita quod denarios illos haberet hîc in crastino sancti iohannis baptist● regi solvendos ; sicut continetur inter brevia executa pro rege de hoc termino paschae hoc anno 45. in norff. & suff. et ad diem praedictum praedictus vic. non retornavit breve , sed praedictus willielmus venit hîc in propria persona sua , & cognovit ●e debere regi 13 s. 4 d. praedictos , & se velle onerari erga regem de ●isdem 13 s. 4 d. et quia praefata regina mortua est , prout superius continetur , et denarii praedicti ad ( 5 ) regem et non ad alium de jure pertinent . ideo idem willielmus oneretur versus regem de 13 s. 4 d. praedictis , praetextu cognitionis suae praedictae . it is to be observed , that in several rolls in the lord treasurers remembrancers office , annis 44 , 45 , 46 , 47 , 48 , & 50 e. 3● i finde d● onerando , i. s. &c. de auro reginae in the margin of the rolls , when as the rolls and records themselves are only for arrerages of rent of a farm , or some other debt due to the queen ; as inter recorda & communia de termino s. michaeli● anno 46 e. 3. post conquestum , ( rot. 18. ) in officio rem● thesaurarii in scac. somerset & dorset . ss . de onerando joh●nnem delavall firmar . maner . de gillingham de auro reginae , de arreragiis firma ejusd . man●rii : & rot. 19. london . de onerando willielmum walworth & robertum cayton vic. de avro reginae , when as it was only for a debt of 722 l. due to her . so in several other rolls of like nature . inter recorda de termino s. mich. an. 46 e. 3. in offic. rem . thes. in scacc. praeceptum fuit vic. essex & hertford per breve hujus scaccarii dat . 12 die febr. anno 45 regis nunc , quod de bonis & catallis thom● strete , clerici , &c. fieri faceret 4 l. quas debet philippae nuper reginae angli● defunctae de auro suo , de quodam fine 40 l. pro ( 4 ) diversis extortionibus , dampnis , et gravaminibus super ipsum praesentatis , &c. v●rbatim a● in my aurum reginae , p. 52 , 53. praeceptum fuit vic. essex & hertford . per breve hujus scaccarii dat . 10 die novembr . anno 44. quod de bonis & catallis richard● pun●herdo●● in balliva sua fieri faceret 6 s. 8 d. quos de●et philpp● nuper reginae angli● defunctae de auro suo , de reman . 10 marc . de quodam fine c. mar. pro ( 4 ) maritagio edwardi filii et haeredis iohannis de bensted habend . absque disparagation● , &c. verbatim , as in my aurum reginae , p. 53. praeceptum fuit vic. northumbr . per breve hujus scaccarii dat . 18 die iunii anno 45 regis nunc , quod de bonis & catallis hominum comit●t . northumbr . except . libertatibus de tyndale , &c. fieri faceret 39 l. 13 s. 4 d. de remanen . c. mar . quas debet philippae nuper reginae angli● d●●●nctae de auro suo , de quodam fine m. mar . pro ( 4 ) carta generali , &c. ( verbatim as in aurum regin● , p. 53. ) praeceptum fuit vic. lincoln . per breve hujus scaccarii dat . 24 die octobr. anno 44 regis nunc , quod de bonis & ca●allis willielmi parsonae ecclesiae de le●i●gham , ad● de du●sto● capellani , & r●geri barbatoris ( 5 ) pleg . praedicti willielmi in balliva sua fieri faceret 20 s. quos debet philippa nuper reginae angliae defunctae , de auro suo , de quodam fine 40 l. pro licentia assignandi quaedam ten . cum pertin . in suburbio lincoln . priori & conventui de notton parks , habend . ad manum mortuam ; ita quod denar . illos haberet hic in crastino sancti michaelis hoc termino regi solvend . sicut continetur inter brevia executa pro rege de hoc termino in lincoln . et ad praedictum crastinum sancti michaelis praedictus vic. retornavit brevia sua , & mandavit , quod cepit in manum domini regis de terris & catallis praedicti willielmi & aliorum praescriptorum in balliva sua , ad valenc . totius debiti praedicti . et quia praefata regina mortua est , prout superius continetur , et denar . praedict . ad ( 5 ) regem et non ad alium de jure pertinent . ideo idem vic. viz. thomas de ful●etby oneretur versus regem de 20 s. praedictis , praetextu retorni sui praedicti . praeceptum est vic. eborum per breve hujus scaccarii dat . decimo di● iunii , anno 45. regis nunc , quod de terris & catallis willielmi de nessefeld in balliva sua fieri faceret 11 l. de reman . 20 l. quos debet philipp● nuper regin● angliae defunctae , de auro suo , de quodam fine cc l. pro ( 4 ) quibusdam terris et tenementis in scotton & brereton sibi per regem concessis ; ita quod denar . illos hab . hîc in crastino s. michaelis hoc termino regi solvend . sicut continetur inter brevia executa pro rege de hoc termino in eborum . et ad praedictum crastinum suncti michaelis praedictus vic. retornavit breve , & mandavit , quod cepit in manum domini regis de terris & catallis praedicti willielmi ad valenciam 20 s. de debito praedicto . et quia praefata regina mortua est , prout superius continetur , et denar . praedict . ad ( 5 ) regem et no● ad al●um de jure pertinent ; ideo idem vic. viz. iohannes bigod oneretu● versus regem de 20 s. praedictis , praetextu retorni sui praedicti . praeceptum fuit vic. essex . & hertford per breve hujus scaccarii dat . 10 die novemb. anno 44 regis nunc , quod de bonis & catallis petronillae quae fuit uxor iohannis de benstede chivaler in balliva sua fieri faceret 40 s. quos debet philippa nuper reginae a●glia de●●●c●ae de auro suo , d● fin● 20 ubicum●u●●oluerit● ita quod denar . illo● haberet hic in crastino sancti mich●●li● hoc termino regi solv●ndos , sicut continetur inter brevia executa pro rege de hoc termino , in essex . & hertford . et ad praedictum crastinum sancti michaelis pr●dictus vic● retornavit breve , & mandavit , quod cepit in manum regis de terris & catalli● praedictae p●tronilla ad valenciam totius debiti . ●t quia praefata regina mortua e●t , prout superius continetur , et dena● . praedi●● . ad ( 5 ) ●egem de jure et non ad ali●m pertinent ; ideo idem vic. viz. thomas de bassingbo●r●● oneratur versus regem de 40 s. praedictis praetextu retorni sui praedicti . praeceptum fuit vic. norff. & suff. per breve hujus se●cearii dat . 9 die iulii anno 45 regis nunc , quod de terris & catallis iohanni● h●lbroks in balliva sua fieri faceret 20 s. quos debet philippa nuper reginae angli● defunctae de auro suo , de fine 10 l. pro ( 4 ) pardonatione transgress . habend . quam fecit adquirendo ad totam vitam suam manerium de congagh & illud ingrediendo ●●ne licentia regis . et de terris & catallis prioris sanctae trinitatis de gyrpewic● 13 s. 4 d. quos de●●t eidem nuper reginae de auro suo , de fine 10 mar. pro ( 4 ) licentia adqui●end● g●ae aeras terrae in risshemere , ●adend . ad manum mortuam . et de terris & catallis radulphi de hem●n●ale 13 s. 4 d. quos debuit eidem nuper reginae de auro suo , de fine 10 marc. pro ( 4 ) duobus brevibus habend . ita quod denar . illos haberet hîc modo in crastino sancti michaelis hoc termino regi solvendos , sicut contin●tur i●ter brevia executa pro rege de hoc termino in norff. & suff. et ad praedictum crastinum praedictus vic. r●torh●vit breve & mandavit , quod cepit in manum regis de terris & catallis praedictorum iohannis holbroks , priori● sanctae trinitatis de girp●wic● , & radulphi de hemenhal● , ad valenc . debitorum praedictorum . et quia praefata regina mortua est , prout superius contine●ut , ●t denar . praedicti ad ( 5 ) regem et non ad alium de jure pertinent ; ideo idem vicecomes videlicet edmundus de thorpe oneretur versus regem de 46 s. 8 d. praedictis praetextu retorni sui praedicti . praeceptum fuit vic. norff. & suff. per breve hujus scaccarii , dat . 9 die i●lii anno 45 regis nunc , quod de bonis & catallis iohannis gower in balliva sua fieri faceret 21 s. 8 d. quos debuit philipp● nuper reginae angli● defunctae de auro suo , de fine 16 mar. pro ( 4 ) pardonation● transgr . habenda , quam fecit adquirendo sibi et haeredibus suis manerium de regis● i●a quod denar . illos haberet hic in crastino sancti michaelis hoc termino regi solvend . sicut continetur inter brevia executa pro rege de hoc termino in norff. & suff. et ad praedictum crastinum praedictus vic. retornavit breve , & mandavit , quod fecit retornum ejusdem brevis radulpho de waltham senescallo liber●atis sancti edmundi , qui habet returna brevium & executiones eorundem ; qui q●idem ballivus sibi respond . quod cepit in manum regis de terris & catallis praedicti iohannis gower , ad valentiam 21 s. 8 d. praedictorum . et quia praefata regina mortua est , prout superius continetur , et denarii praedicti ad ( 5 ) regem et non ad alium de jure debent pertinere ; ideo idem senescallus oneretur versus regem de 21 s. 8 d. praedictis praetextu returni sui praedicti . praeceptum fuit vic. somerset & dorset per breve hujus scaccarli dat . 13 die f●br . anno 45 regis nunc , quod de bonis & catallis thomae de la ber● , ada att● more , iohannis thomere , ivonis de childecome , & roberti bourton , ( 5 ) pleg . praedicti thom● in balliva sua fieri faceret 53. s. 4 d. de reman . 10 mar. quas debet philippae nuper reginae angliae defunctae , de auro suo , de fine c. marc. pro ( 4 ) diversis transgressionibus , extortionibus , oppressionibus , conspirationibus , manutenentiis et grabaminibus , undapraedictu● th●mas de la bere indictatus extitit . et per aliud breve hujus scaccarii similiter dat . 15 die iun. dicto anno 45. quod de terris & catallis abbatis de michelneye in dicta balliva sua fieri faciat 60 s. de raman . 10 mar. quas debet praefatae nuper reginae de avro svo , de quodam fine c. mar. pro ( 4 ) licentia adquirendi sibi et successoribus suis maneria de w●sternehull & esternhull cum pertin . habend . ad manum mortuam . et per tertium breve dat . decimo die maii praedicto anno 45. quod de terris & catallis iohannis delavall firmar . villae de berton de gillingham in com dorset , quas praefata nuper regina tenuit ad terminum vitae suae ex concessione regis , in balliva sua fieri faceret 15 l. ob . de reman . 18 l. ob . quos regi debet de arreragiis firmae praedictae . ita quod denarios illos haberet hîc crastino sancti micha●lis hoc termino regi solvendos , sicut continetur inter brevia executa pro rege de hoc termino in somerset & dorset . et ad● praedictum crastinum praedictus vic. retornavit brevia praedicta , & mandavit , quod cepit in manum regis de terris & catallis praedicti thomae de la ber● , ad valentiam 13 s. 4 d. de debito praedicto . et de terris & catallis praedicti abbatis ad valenciam 20 s. de debito praedicto . et de terris & catallis praedicti iohannis delavall ad valenciam 20 s. de debito praedicto . et quia praefata regina mortua est , pro-ut superius continetur , et denarii praedicti ad ( 5 ) regem et non ad alium de jure pertinent ; ideo idem vic. willielmus winterbourn oneretur versus regem de 53 s. 4 d. praedictis in manum regis separatim capt . praetextu retorn . suorum praedictorum . ibidem inter communia de termino sancti hillarii anno 46 regis edwardi tertii , post conquestum ( rot. 4. dorso . ) praeceptum fuit vic. eborum per breve hujus scacc. dat . 31 die octobris , anno 45 regis nunc , quod de bonis et catallis willielmi de nessefield , et de ( 5 ) terris et tenementis quae sua fuerunt anno 33 regis nunc et postea , in dicta balliva sua fieri faceret 10 l. de reman● 20 l. quos debet philippae nuper reginae angliae , defunct . de auro suo , de fine cc l. pro ( 4 ) quibusdam terris et ten . in scotton et brereton sibi per regem concessis ; ita quod denar . illos haberet hîc in crastino sancti hillar . hoc termino regi solvend . sicut continetur inter brevia executa pro rege de hoc termino in eborum . et ad praedictum crastinum sancti hillarii , praedictus vicecomes returnavit breve , & mandavit , quod cepit in manum regis de terris & catallis praedicti willielmi de nessefeld ad valenciam totius debiti supradicti . et quia praefata regina mortua est , prout superius continetur , et denarii praedicti ad ( 5 ) regem et non ad alium de jure pertinent ; ideo idem vic. videlicet robertus de roos oneretur versus regem de 10 l. praedictis , praetextu retorni sui praedicti . praeceptum fuit vic. northumbr . per breve hujus scaccarii dat . 20 die octob. anno 45. regis nunc , quod de bonis & catallis hominum com. northumb. except . libertatibus de tyndale , &c. ( as before ) fieri faceret 37 l. 13 s. 4 d. de reman . c. marc . quas debent philipp● nuper reginae angliae defunctae , de auro suo , de fine m. mar . pro ( 4 ) carta general● habenda . et per aliud breve hujus scaccarii , dat . decimo die decemb. praedict . anno 45. quod de bonis & catallis walrani de lamleye , roberti bertram , rob●rti e●gle , roberti de shilnyngton , roberti de musgrave , hug●nis de appelby , gilberti de mitford , iohannis de loveleye , & willielmi de blacklamb , ( 5 ) pleg . praedicti walrani , & terris & tenementis ●orundem in dicta balliva sua fieri faceret 33 s. 4 d. de reman . 40 mar . quos debet praefatae nuper reginae de auro suo de fine cccc mar. pro. ( 4 ) transgress . oppression . et extors●on . per praedict . walranum factis ; ita quod denarios illos haberet hîc in crastino sancti hillar . hoc anno regi solvendos . et ad praedictum crastinum sancti hill. praedictus vic. retornavit breve , & mandavit , quod cepit in manum regis de terris & catallis praedictorum hominum & ( 5 ) pleg . suorum ad valenciam 4 l. et de bonis & catallis praedicti walrani de laml●ye , & ( 5 ) pleg . suorum praedictorum , ad valenciam 13 s. 4 d. de debitis praedictis . et quia praefata regina mortua est , prout superius continetur , et denar . praedicti ad ( 5 ) regem et non ad alium de jure pertinent ; ideo idem vic. viz. robertus de umframvyll oneretur versus regem de 4 l. 13 s. 4 d. praedictis , praetextu retornorum suorum praedictorum . inter recorda de termino sancti michaelis anno 47 regis edwardi tertii post conquestum , in officio remem . thesaurarii in scaccario , ( rot. 7. intus . ) memorand . quod praeceptum fuit vic. eborum per breve hujus scaccarii dat . 8 die aprilis anno 46 regis nunc , quod de bonis & catallis petri de rouche , et de ( 5 ) terris et tenementis quae sua fuerunt anno 35. regis nunc et postea , in balliva sua fieri faceret 33 s. 4 d. quos debet philipp● nuper reginae anglia de●unctae , de auro svo , de fine 25 marc . pro ( 4 ) quibusdam terris et tenementis in dyghton for . sibi per regem datis et concessis . et per aliud breve hujus scaccarii , dat . decimo die novembris anno 45 regis nunc , quod de bonis & catallis anabillae filiae roberti de marrays de lakenby in clyveland in dicta balliva sua fieri faceret 22 s. quos eadem anabilla debet praefatae nuper reginae de auro svo , de fine 10 l. pro ( 4 ) pardonati●ne transgr . habenda , quam fec . adquirendo quaedam t●n . cum pertinen . in estermm● , quae de rege tenentur in capite , habenda ; ita quod denar . illos haberet coram baronibus hîc in crastino sancti michaelis hoc termino regi solvendos , sicut continetur inter brevia ex●cuta pro rege de hoc termino in eborum . et ad praedictum crastinum praedictus vic. retornavit brevia sua , & mandavit , quod cepit in manum regis de terris & catallis praedicti petri de rouche , ad valenciam 33 s. 4 d. praedictorum . et de terris & catallis praedictae anabillae , ad valenciam 20 s. praedictorum . et quia praefata regina mortua est , prout superius continetur , et denar . praedicti ad ( 5 ) regem et non ad alium de jure pertinent ; ideo idem vic. viz. robertus de roos oneretur versus regem de 53 s. 4 d. praedictis , praetextu retornorum suorom praedictorum . inter recorda de termino paschae anno 48 edwardi tertii post conquestum ( rot. 9. intus ) in offic. remem . thesaurarii in scac. praeceptum suit vic. bristoll per breve hujus scaccarii 13 die februarii hoc anno 48. quod de bonis & catallis iohannis ken , thom● paves junioris , nicholai paves , & thomae de coventre de bristoll , i●hannis castleacre , iohannis batle de bristoll , & willielmi iageronn ( 5 ) pleg . praedicti iohannis ken , et de terris et tenementis quae sua fuerunt anno 27. regis nune et postes , in balliva sua fieri faceret 56 svo● de fine 40 l. pro ( 4 ) dibertis transgressionibus , conspiracionibus , extorsionibus , dampnis et gravaminibus super ipsum praesentatis ; ita quod . &c. ( verbatim , as in my aurum reginae , p. 54. ) praeceptum fuit vic. northumbr . per breve hujus scaccarii dat . 18 die novembr . quod de bonis & catallis hominum ejusdem com. exceptis libertatibus de tyndale , &c. ut supra , fieri faceret 31 l. de reman . c. marc. quas debent philippae nuper reginae a●glia defunctae de auro svo , de fine m. marc . pro ( 4 ) carta generali habenda . ita quod denar . illos haberet hîc in crastino clausi pascha hoc termino regi solvendos , sicut continetur inter brevia executa de hoc termino in northumbr . et ad praedictum crastinum praedictus vic. retornavit breve , & mandavit , quod cepit in manum regis de terris & catallis praedictorum hominum & ( 5 ) plegiorum suorum , ad valencian 4 l. de debito praedicto . et qu●a praefata regina mortua est , prout superius continetur , et denarii praedicti ad ( 5 ) regem et non ad alium de jure pertinent . ideo idem vic. viz. iohannes de fenwiks oneretur versus regem de praedictis 4 l. praetextu retorni sui praedicti . praeceptum fuit vic. northumbr . sicut plur . per breve hujus scaccarii dat . decimo die febr. hoc anno 48. quod de bonis & catallis walrani de lamley , roberti bertram , roberti de ogle , roberti swillington , roberti de musgrave , hugonis de appelby , gilberti de misford , iohannis de lomley , & willielmi de blacklamb , pleg . praedicti walrani , et de ( 5 ) terris et ten . quae sua fuerunt anno 12. regis nune et postea , in quorumcumque manibus tunc extiterent in balliva sua , fieri faceret 16 s. 8 d. de reman . 40 l. marc . quas debet philippae nuper reginae anglia de auro suo , de fine cccc● marc . pro ( 4 ) transgr . oppress . extortion . per praedict . walranum factis ; ita quod denar . illos haberet hîc in crastino clausi pasch● hoc termino regi solvend . sicut contine●ur inter brevia executa pro rege de hoc termino in northumbr . et ad praedictum crastinum praedictus vic. retornavit breve , & mandavit , quod cepit in manum regis de terris & catallis praedicti walrani & ( 5 ) pleg . sitorum praedictorunt , ad valencian 6 s. 4 d. de debito praedicto . et quia praefata regina mortua est , prout superius continetur , et denar . praedict ad ( 5 ) regem et non ad alium de jure pertinent ; ideo idem vic. viz. iohannes de fenwiks oneretur versus regem de 6 s. 4 d. praedictis , praetextu retorni sui praedicti . inter recorda de termino sancti michaelis anno 49 regis edwardi tertii post conqu●stum ( rot. 4. intus ) in offici● rem . thesaurarii in scac. praeceptum est vic. lincoln . per breve hujus scaccarii dat . sexto die octobr. anno 47. regis nune , sicut plur . quod non omit . propter libertates wappent . de well . & gaynesburgh , quin ●as ingred . & de bonis & catallis iohannis darcy le piere , & de terris et ten . quae sua suerunt anno vices●mo regis nunc , s●u ( 5 ) postea in quorumcunque manibus , &c. in balliva sua fieri faceret 50 marc . quas debent philippae nuper reginae angliae defunctae , de auro suo , de reman . c. marc . de quodam fine m. marc . pro ( 4 ) maritagio iacobi le botiller nuper comitis dormond habend . ita quod denar . illos hab . hîc in crastino s. michaelis hoc termino regi solvend . sicut continetur inter brevia execut● pro rege de hoc termino in lincoln . et ad praedictum crastinum praedictus vic. retornavit brevia sua , & mandavit quod cepit in manum regis de bonis & catallis philippi darcy fratris & haered . iohannis darcy , fil . & haered . iohannis darcy le piere , invent . in terris & ten . quae fuerunt praedicti iohannis darcy le piere , ad valenciam c s. et quia praefata regina mortua est , prout superius continetur , et denarii praedicti ad ( 5 ) regem et non ad alium de jure pertinent . ideo idem vic. viz. iohannes hode oneretur versus regem de c s. praedictis , praetextu retorni sui praedicti . praeceptum fuit vic. northumbr . sicut plur . per breve hujus scaccarii dat . quinto die iunii anno 47 regis nunc , quod de bonis & catallis hominum ejusdem com. northumbr . except . libertat . de tyndale , &c. ut supra . fieri faceret 27 l. de reman . c. mar. quas debent philippae nuper reginae anglia defunctae de auro suo , de fine m. marc . pro ( 4 ) carta general● habenda ; et per aliud breve similiter hujus scaccarii , dat . quarto die iulii dicto anno 48. quod de bonis & catallis walrani de lamley , roberti bertram , roberti ogle , roberti de swillington , roberti de musgrave , hugonis d● appelby , gilberti de mitford , iohannis de lomley , & willielmi de blacklamb , ( 5 ) pleg . praedicti walrani , in balliva sua sieri faceret 10 ● . de reman . 40 marc . quos debent praefatae nuper reginae defunctae de auro suo , de quodam fine cccc marc . pro ( 4 ) divers●s transgr . oppression . et extortion . per praedictum walranum factis ; ita quod denar . illos haberet hic in crastino sancti michaelis hoc termino regi solvendos . sicut continetur inter brevia executa pro rege de hoc termino in northumbr . et ad praedictum crastinum praedictus vic. return . brevia , & mandavit , quod cepit in manum regis de terris & catallis praedictorum hominum , ad valenciam 40 s. de debito praedicto . et de bonis & catallis praedicti walrani & ( 5 ) pleg . suorum , ad valenciam 10 s. praedictorum . et quia praefata regina mortua est , prout superius continetur , et denarii praedicti ad ( 5 ) regem et non ad alium de jure pertinent . ideo idem vic. viz. iohannes de fenwicks oneretur versus regem de 50 s. praedictis , praetextu retornorum suorum praedictorum . inter recorda de termino sancta trinitatis , anno 50 regis edwardi tertii post conquestum ( rot 4. intus ) in offic. remem . thesaurarii in scacc. memorand . quod praeceptum ●uit vic. northumbr . per breve hujus scacccarii dat . 22 die iannarii ultimo praeterito , sicut pluries , quod de bonis & catallis hominum com. northumbr . exceptis libertatibus de tyndale , &c. ut supra . fieri faceret 15 l. de reman . c. marc . qu●● de●●t philipp● nuper reginae angliae defunctae de auro suo , de fine m. mar . pro ( 4 ) carta generall habenda ; ita quod denarios illos haberet hîc in crastino claus● pascha ultimo praeterito regi solvendos , sicut continetur in ligula brevium de eodem termino paschae . et ad praedictum crastinum praedictus vic. retornavit breve , & mandavit quod cepit in manum domini regis de bonis et catallis praedicti roberti vmframvyll & aliotorum praescriptorum , ad vulenciam c s. de debito praedicto . et quia praefata regina mortua est , prout superius continetur , et denarii praedicti ad ( 5 ) regem et non ad alium de jure pertinent ; ideo idem vic. viz. thomas de ilderton oneretur versus regem de c s. praedictis praetextu retorni sui praedicti . memorand . quod praeceptum fuit vic. northumb. per breve hujus scaccarii dat . tertion die decembr . ultimo praeterito , sicut pluries , quod de bonis & catallis iohanna quae fuit uxor thomae de heton , willielmi heroun chivaler , edwardi de letham chivaler , & thoma de clifford , ( 5 ) pleg . praedictae iohannae , et de terris et tenementis quae sua suerunt anno 36 regi● nunc , sue ( 5 ) postea in quorumcumque manivus eadem terr . et ten . tunc 〈◊〉 sterent , in balliva sua fieri faceret 10 marc . quas debet philippa nuper reginae anglia defunctae de auro suo , de fine c. marc. pro ( 4 ) maritagio haeredis praedicti thomae de heton habend . ita quod denarios illos haberet hîc in crastino sancti hillarii ultimo praeterito regi solvendos , sicut continetur inter brevia executa pro rege de hoc termino sancti hillarii . et ad praedictum crastinum praedictus vic. returnavit breve , et mandavit , quod cepit in manum regis de bonis & catallis praedicti willielmi heroun , & de terris & tenementis praedicti ejusdem willielmi , ad valentiam 20 s. de debito praedicto . et quia praefata regina mortua est , prout superius continetur , et denar . praedicti ad ( 5 ) regem et non ad alium de jure pertinent ; ●deo idem vic. viz. thomas de ilderton oneretur versus regem de 20 s. praedictus , praetextu retorni praedicti . memorand , quod praeceptum fuit vic. northumbr . per breve hujus scaccarii dat . decimo die iulii anno 49. regis nunc , sicut plur . quod de bonis & catallis hominum dicti com. northumbr . exceptis libertatibus de tyndale , &c. ut supra , ( 5 ) pleg . praedictorum hominum , in balliva sua fieri ●●cer●● 19 l. de reman . c. marc . quas debuerunt philipp● nuper reginae angliae d●●●nctae de auro suo , de fine m. marc . pro ( 4 ) carta general● babenda . ita quod denarios illos haberet hîc in crastino sancti michaelis hoc termino regi solvendos , sicut continetur inter brevia executa pro rege de hoc termino in northum● . et ad pr●●dictum crastinum praedictus vic. retorn . breve , & mandavit , quod cepit in manum domini regis de terris & catallis hominum praedictorum ad valenciam 8 l. de debito praedicto . et quia praefata ●egi●● mortu● est , prout superius continetur , et d●narii praedicti ad ( 5 ) regem et non ad alium de jure pestinent , ideo idem vic. viz. bertram●s de mo●bo●cher oneretur versus regem de 8 l. praedictis , praetextu re●orni sui praedicti . in the reign of king richard the 2. i found these fresh presidents concerning queen-gold in the treasurers remembrancers office in the court of exchequer . inter communia de termino paschae anno prim● regis richardi secund● rot. 1. in offic. remem . t●es●●●●rii in sen● . anno 1 r. 2. praeceptum fuit vic. ebor●m . per breve hujus sc●ccarii dat . tertio die febr. ultimo praeterito , sicut pluries , quod non omitte● propter libertatem de richmond . quin ●am● &c. et de bonis & catallis wal●●ri de vice●iks in balliv● sua fieri faceret 20 s. quos dictus wal●●r●● de●et philippae nuper reginae angliae de fun●tae , de auro suo , de quodam fine ●0 l. p●o ( 4 ) licentia adquire●di sibi & haeredibus ●u● viginti mar●at . annui ret●di● . quas thomas de albert●n habuit & percepit de wappent . de langhb●rgh , quod de rege tenetur in capite , qui quidem denar . ad manus domini edwardi nuper regis angli● avi domini regis nunc , occas●one mortis praefatae nuper r●ginae hebonerunt , et jam ad ( 5 ) manus domini regis nunc per mortem dicti regis avi devolvuntur ; ita quod denar . illos haberet hi● in cra●tino clausi pasch● hoc termino regi solvendos , sicut continetur inter brevia executa pro rege de hoc termino in eborum . et ad praedictum crastinum praedictus vic. retornavit breve & mandavit , quod cepit in manum domini regis de terris & catallis dicti walt●ri de vicewicks in balliva sua ad valentiam 20 s. praedictorum . et quia praefata nuper regina mortua e●t , pro●t superius continetur , & denar . praedicti ad ( 5 ) dominum regem et non ad alium de jure pertinent , ideo idem vic. videlicet iohannes constable de halaham oneretur versus regem de 20 s. praedictis , praetextu retorni sui praedicti . inter communia de termino sancti michaelis , anno secundo regis richardi secundi , rot. 2. anno 2 r. 2. praeceptum fuit vic. glouc. per breve hujus scaccarii , dat . 22 die octob. anno primo regis nunc , sicut pluries , quod de bonis & catallis thoma moigne , & de ( 5 ) terris at ten . quae sua fuerunt anno regni domini edwardi nuper ●●gis a●gliae abi domini regis nunc 38 , seu postea in quorumcum●ue manibus eadem terr . et ten . tunc extiterunt , in balliva sua fieri faceret 4 l. 8 s. 4 d. pro ( 4 ) maritagio haered . radulphi de bromhull , roberti robelyn , & willielmi malenfant infra aetatem , & in custod . dicti regis avi existen . habend . qui quidem denar . ad manus dicti regis avi per mortem praefatae nuper reginae fuerunt devoluti , et jam ad manus dicti domini regis nunc per mortem dicti regis abi devolvuntur ; ita quod denarios illos haberet hic in crastino sancti michaelis hoc termino regi solvendos , sicut continetur inter brevia executa pro rege de hoc termino . et ad praedictum crast●num vic. retornavit breve & mandavit , quod cepit in manum domini regis de bonis & catallis thomae moig●● supradict . ad valenciam 20 s. de debito praedicto . et quia praefata regina mortua est , prout superius continetur , et denarii praedicti ad ( 5 ) regem et non ad alium de jure pertinent ; ideo idem vicecomes videlicet thomas br●dewell oneretur versus regem de 20 s. praedictis praetextu recorni sui praedicti . praeceptum fuit vic. northumbr . per breve hujus scaccarii dat . 18 die iunii anno primo regis nunc , sicut pluries , quod de bonis & catallis hominum dicti comitat. northumbr . except . libertatibus de tyndale , exham , bedlingtonshire in villa novi castri super tynam , roberti vmframvyll chivaler , alani de heton chivaler , he●r . de haverington , &c. ( 5 ) pleg-praedictorum hominum , in balliva sua fieri faceret 6 l. de remanen . c. mar . quas debent philippae nuper reginae angliae defunctae de au●o suo , de fine m. mar . pro ( 4 ) carta generali habenda ; qui quidem denar . ( 5 ) occas●one mortis praefatae nuper reginae ad dom. edwardum nuper regem angl. avum domini regis nunc fuerunt devoluti , et modo ad manus domini regis nunc per mortem dicti regis abi devolvuntur . ita quod denarios illos haberet hîc in crastino sancti michaelis hoc termino regi solvendos , sicut continetur inter brevia executa pro rege de hoc termino in northumbr . et ad praedictum crastinum vic. retornavit breve , & mandavit , quod cepit in manum domini regis de terris & catallis praedictorum hominum ad valentiam 40 s. de debito praedicto . et quia praefata regina mortua es● , prout superius continetur , et ●enar . praedicti ad ( 5 ) regem et non ad alium de ●ure pertinent ; ideo idem vic. viz. bertramus monboucher oneretur versus regem de 40 s. praedictis , praetextu retorni sui praedicti . inter recond● de termino sancta trinitatis , anno tertio regis richardi secundi , rot. 9. in offic. remem . thesaurarii in scacc. anno 3 r. 2. praeceptum fuit vic. eborum per breve hujus scaccarii dat . 7. die maii hoc anno tertio , sicut pluries , quod non omittet propter libertatem iohannis ducis lanc. quin ●am , &c. et de bonis & catallis iacobi pykeryng militis , et de terris et tenementis ( 5 ) quae sua fuerunt anno regni domini edwardi nuper regis angliae avi regis ●ujus 36. seu postea in quorumcumque manibus eadem terr . et ten . tunc existent . in balliva sua fieri faceret 10 marc . quas debet philippae nuper reginae angli● defunctae , de auro suo , de fine c marc . pro ( 4 ) custodia omnium terrarum et ten . cum pertin . in wyndlegh in com. praedict . quae fuerunt thom● de haveryngton chivaler defuncti , habend● usque ad legitimam aetatem haered . praedicti thomae , una cum maritagio ejusdem haeredis sine disparagatione ; qui quidem denar . ad dictum regem , occasion● mortis praefatae nuper reginae fuerant devoluti ; ita quod denar . illos haberet hic in crastino sancti iohannis baptistae hoc anno regi solvendos , sicut contnetur in ligula brevium de hoc termino . et ad p●aedictum crastinum praedict●s vic. viz. iohannis sayvill retornavit breve , & mandavit , quod cepit in manum regis de terris & catallis praedicti iac●bi pyk●●yng ad valentiam 40 s. de debito praedicto : et quod non invenit plura bona ●eu catalla , &c. et quia praefata regina mortua est , prout superius continetur , et denarii praedicti ad ( 5 ) regem et non ad alium de jure p●rtinent ; ideo id●m v●c . viz. praedictus iohannes sayvyll oneretur versus regem de 40 s. praedictis praetextu cogn . suae praedictae . from all ●he premised writs and records , to which perchance sundry more of a like , but few or none of a different nature , might be added in these and succeeding kings reigns , ●pon further search into the files and bundles of writs issued to , and returned by sheriffs , for levying of this duty , ( which are generally either mislayd , lost , or neglected as uselesse , and very tedious exactly to peruse● ) i shall deduce these observations and conclusions naturally arising from them . 1. that avrvm reginae was a most antient royal prerogative , debt , duty , and revenue belonging to our queen-consorts out of all voluntary fines , obl●tions to , compositions or contracts , made with our kings during th●ir respective mariages and covertures , if they were of or above the value of ten marks . 2. that avrvm reginae was one full tenth part over and above the entire fine , oblation to , or composition , contract made with the king , to wit , one mark for every ten marks , and one pound for every ten pounds , paid or payable to the king in moneyes , either in masse or in coine ; and so proportionably for any greater summes . 3ly . that it was due out of all fines , oblations , compositions for grants of lands , liberties , and the custody of the lands , bodies , or mariages of wards without disparagement ; for licenses to alien , morgage , or purchase lands held in capite of the king , or rents issuing out of them ; for licenses to alien , purchase , or receive any lands , houses , rents , advowsons , churches or chappels in mortmain to or by any religious houses , hospitals , parsons , prelates , or other ecclesiastical or civil corporations ; for licenses to marry the kings wards or widdowes ; for grants , liveries , and restitution of lands , goods or chattels out of the kings hands , when seised by reason of vacancies of bishopricks or monasteries , or for wardships , or for contempts or forfeitures , yea for fines for original writs and concords . 4ly . for fines , compositions , ransoms for , and pardons of all sorts of trespasses and offences ; as , alienations or purchases of lands held of the king in capite : or granting , purchasing , receiving lands , houses , rents in mortmain , or marrying the kings wards , widdows , or women holding lands in capit● , without the kings preceding special licenses ; for and of all ●orts of trespasses in forests , punishable by forest lawes , all kinds of extorsions , oppressions , maintenances , ●onsp●racies , frauds , deceits , selling corrupt wines mixed with lees , or with old , or decayed wines , or other mixtures● or wines ungauged , or not according to the legal measure , assise or p●ice ; and for and of all other trespasses , grievances , misdemeanors punished by the kings justices in any court , country , forest , eyre , submitted to by the parti●s fined , and estreated into the kings exchequer . the particulars of which trespasses , offences being very numerous , and of different kindes , yea many of them very observable , those who please may peruse at leisure in the great rolls , ( carefully preserved in the pipe office ) during the reigns of king henry the 2. king iohn , king h●nry the 3. and their successors , till our present age , and likewise in the rolls in the kings and lord treasurers remembrancers offices in the exchequer at westminster ; and in the fine rolls in the tower. 5ly . that the king himself did sometimes appoint by his writs and precepts , at what dayes , and by what particular summs , and in what places the duty of queen-gold should be payd , in favour to those who were to pay it ; most likely by the queens consent . 6ly . that the estreats , and fine rolls sent out of the chancery , and out of other courts or eyres by the kings justices into the exchequer ; were a sufficient warrant to the queens clerks or officers in the exchequer to ascertain and issue out writs and processe to sheriffs and other officers to levy her queen-gold , according to the proportion of the fines ascertained by the records , upon the goods , chattels , lands and tenements of all such from whom it was due . 7ly . that this queen-gold was usually payd to , and received by the queens own officers and receivers in the kings court of exchequer , and levyed by the same processe , officers , and in the same manner as the kings own fin●s and debts were levyed ; and that when bailif●s of liberties were ne●ligent in levying it , the sheriffs themselves were commanded to enter their liberties , and levy it by distresses . 8ly . that not only the goods and chattels of the persons from whom queen-gold was due , but likewise all the lands and tenements they were seised of at the time when the fine , oblation to , or contract with the king was first made , were liable and extendable to satisfie it , in whose hands soever they were found ; and likewise their pledges or sureties goods , chattels , lands and tenements . 9ly . that processe usually issued out of the court of exchequer year after year to sheriffs and bayliffs of liberties for this duty , till the whole way levyed , and satisfaction thereof acknowledged by the queens attorney or receiver in open court. 10ly . that all arrears of queen-gold unpayd or unlevyed at the time of the queens death , of right accrued , belonged to the king her husband as a just debt , ( over and above his own original fine , oblation or contract ) and to none o●her person : whereupon the king issued processe in his own name , right to levy it ; and accordingly received it by judgement of his court of exchequer when levyed , as particularly belonging to him by his prerogative . and in case the king-husband likewise deceased before all the arrears of queen-gold due to his deceased queen were levyed or received , they then accrued by law and right to this succeeding king ; as the premised presidents of king edward the 3d. and his grandchild king richard the 2d . most clearly and irrefragably evidence and resolve : for which end i have here transcribed them at large . i shall cloze up this additional appendix , with the case of william de asthorp knight , the record whereof i found inter communia de termino paschae , anno 18 regis richardi secundi , rot● 1. in officio rem . thesaurarii in sca●● . differing in some clauses , names of justices from that i formerly transcribed out of the manuscript of mr. w. b. in my aurum reginae , p. 60 , 61. which i shall here present you with ; wherein it was resolved upon mature deliberation . that no queen-gold is due to the queen for any fine or amercement ascertained and imposed on any person for any trespass or offence , if the party pleads against it as unjust , or unreasonable , that it was imposed on him against his will , and that he did not willingly submit himself to such fine as the justices did or should impose upon him for his offence ; but if he submitted himself upon his indictment , to pay such fine , ransom or amercement as the justices should impose for his trespasse , or offence , or offer any summe for the pardon thereof , when presented or convicted● avrvm reginae was due and payable out of it , as within the rule de sponte oblat●● , as all the premised fines and pardons for trespasses evidence , and this following resolution doth not contradict ; this fine being never submitted to , but pleaded against by the party as unreasonable , excessive , and against the kings charter , exempting him from being sworn in juries and assises , which the justices would not allow him convenient time to fetch from his house , and produce in court for his discharge , and so different from all the premised fines , for which queen-gold was payd . memorand . quod praeceptum fuit vic. devon. per breve hujus scaccarii , dat . 20 die februarii ultimo praeterito , sicut pluries , quod non omitteret propter aliquam libertatem , &c. quin eam , &c. et de bonis & catallis willielmi de asthorp chivaler . & de terris & tenementis quae sua fuerunt die martis prox . post festum decollationis sancti iohannis baptist● , anno regni domini nostri nunc 14 , seu postea i● quorumcumque manibus , &c. in balliva sua fieri saceret c l. quas debuit anna nuper reginae anglia consorti regis charissimae defunctae , de auro suo , de quodam fine ( 4 ) m l. ab eodem willielmo exact . pro ingenti rebellione et contemptu , ●icut continetur in magno rotulo de anno 14 regis nu●c in devon. & in rotulo de finibus factis apud exon. coram petro de solevey , iacobo de chuddelegh , iohanne hill , iohanne wa●ham , & willielmo hank●ford justi● . domini regis ad pacem in com. devon. conservand . assign . die martis supradict . ita quod denar . illos haberet ad scacc. hîc in crastino clausi pascha hoc termino thomae more clerico , ( quem dictus ( 5 ) dominus rex nunc per literas suas patentes constituit et assignabit , ad omnimodas summas denar . praefat . nuper reginae tempore mortis suae debitas ) solbend . et ad praedictum crastinum cla●●i pascha vic. non retorn . breve ; sed praefatus w. de asthorp venit hîc in propria persona , & queritur , se graviter dist●ict● esse per vic. devon. pro praedict . c l. praefat . th. more solvend . et hoc minus ●uste , quia dicit , quod praedict . 100 l. nunquam debitae fuerunt praefatae nuper reginae in vita sua ; quia d●cit , quod praeceptum fuit eidem willielmo per praefat . justic. ad sessionem suam apud exon. supradict . die martis tent . quod mitteret manum suam super librum & juraret , quod inquireret cum aliis juratoribus de diversis articulis eisdem juratoribus per praedictos justic. tunc imponend . et idem w. de asthorp ad tunc dixit , quod ipse habuit cartam domini regis , quod non poncretur in aliquibus assisis , iuratis , neque attinctis : et praefati justic. praeceperunt praefat . w. de asthorp quod produceret cartam ill●m , qui dixit , quod tunc non habuit promptus ostendend . ●ò quod carta illa tunc fuit●ad domum suam per 15 le●cas a dicta villa exon. distant●m ; petens idem willielmus diem de gratia dictorum justiciariorum ad deferend . cartam suam praedictam . et super hoc praeceptum fuit eidem willielmo per praefat . justic. sicut aliâs , quod mitteret manum suam super librum et juraret , sub poena cccc l. et sicut pluries sub poena m l. et quia praefatus willielmus renunciabit mittere manum suam super librum et jurare , prout injunct . fuit ei per praefat . iustic . idem willielmus pro ingenti rebellione et contemptu tunc amerciatus fuit ad * mille libr. in quo casu dicta nuper regina nullum aurum habere debuit . et sic supradict . c l. nec aliqua parcella earundem nunquam debitae fuerunt eidem nuper reginae in vita sua , per quod non intendit quod ipse de c l. praedictis , nec aliqua parcella inde regi in praemissis respondere debet . et petit judicium , &c. et ●isis praemissis per barones , habitaque deliberatione inde per eosdem , quia praedictus willielmus de asthorp amerciatus fuit per praefatos iustic . ad diem et locum praedict . in supradict . m. l. pro ingenti rebellione et contemptu praedict . sicut superius in dicto recordo continetur , et non de sponte oblatis . consideratum est de assensu thesaurarii angliae , quod praedict . w. de asthorp de c l. praedict . exoneretur et quietus existat , praetextu praemisso . salva semper actione regis , si alias inde loqui voluerit . since the publication of my aurum reginae , i perused serjeant rolls his abridgement newly published ; wh●rein part 2. p. 213. i found the title of aurum reginae , under that of , prerogative le roy , expecting to have met with some extraordinary learning , or rare records and cases concerning it ; but found only his bare abridgement of two clauses in the printed statutes of 15 e. 3. cap. 6. & 31 e 3. cap. 13. that queen-gold should not run , or be demanded out of the subsidie and quinzime they then granted to the king : which i had printed at large in my aurum reginae , p. 36. & 44. my desire is that the kings and queens of england might be fully informed of all records , antiquities , writs , memorandums that concern this their prerogative and duty , in which i have made a large progresse ; but wanting leisure and oportunity to proceed any further therein , i must recommend the future searches after , and discoveries of them ●o others , who have more abilities , leisure , if not obligations to undertake this labour then my self . it is an antient adagie , nihil simul inchoatum & perfectum ; and , facile est inventis addere . if therefore any officers , attornies , clerks , belonging to the respective offices and treasuries of records in the court of exchequer ; or the queens own officers , shall be so industrious , as to make further and exacter searches into the bundles● and files of writs issued or returned in the exchequer , after this golden mine , duty of aurum reginae , then i have already done , or hope to have future leisure to do , peradventure they may make some more discoveries of , and additional supplements to this subject ; since , pius vident oculi quam oculus ; and , bernardus non vidit omnia ; i shall therefore conclude with the poets supplication to every of them , and each other ingenuous reader of my avrvm reginae , or this additional appendix to it , — si quid novisti rectius istis candidus imperti ; si non , his utere mecum . finis . errata . here , in p. 6. l. 28. for second , r. third : and in aurum reginae , p. 31. l. 18. for ac , r. ad ; p. 44. l. e. p. 137. l. 11. adde 107. p. 132. l. 11. r. generaret ; l. 37. p. 12. for 7. r. 3. omitted in the errata to it . in the margin , p. 130. l. 39. for oblatorum , r. abbatialem . notes, typically marginal, from the original text notes for div a56125-e400 rot. franciae 16 h. 3. m. 4. in tu●●i london . hyber● . (b) aurum reginae , p. 18.28 , 29.46.145 . (c) 17 c●r . ● . c. 20.12 car. ● . ch . 24. (d) littleton , sect . 178. hornes mirrour des justices , c. 3. b●it●on f. 88. notes for div a56125-e1370 a esther 1.11.11 . cap. 2.17 . josephus antiqu . judaeorum , lib. 11. c. 6. sulpitius severus , l. 11. ● sacrae histor. plutarchus in lucullo . heliodorus lib. 7. barnabas brissonius de regno persar . l. 1. p. 75 , 76. b esth. 2.13 . cap 5.1 aelian . variae histor. l. 12. cap. 1. c platonis opera basileae , 1561. p. 345. d in ve rem , lib 5. e dipnosoph . l. 1. * see mr. seldens titles of honor c. 6. sect . 7. part 1. ch . 8. p. 1●8 , 119. sect . 4 , 6. &c. f de necessariis scaccarii observantiis dial. 1. c. 14 , 16 , 17. g gervasius tilberiensis ibidem . liber rubeus in scaccario ; ingulphi abbatis hist. p. 808. simeon dunelmensis hist. col . 213. radulphus de diceto , abbreviationes chron. col . 487. chronicon johannis bromton , col . 979● chronicon willielmi thorn , cap. 18. sect . 4. col . 1864. mat. paris , hist. angl. p. 370. mat. westminster , flores hist. an. 1086. p. 449. henricus huntingdon . histor. l. 6. p. 460. rogerus de hoveden annal. pars prior , p. 4●0 . henricus de knyghton● de eventibus angliae , lib. ● . c. 4 col . 2353. ranulfus cestrensis , caxton , fabian , polydor virgil , holinshed , speed , daniel , grafton , sir richard baker , in william the conquerors life . the register of peterburgh , and chronicle of waverly , mr. william cambden his britannia , london 1637. p. 153. stat. 1 r. 2● ch . 6. old natura brevium , f. 5. sir henry spelman , & william sumner , in their glossaries , tit. doomesday : dr. cowels interpreter , tit. doomesday . * id ess . tempore regis edwardi ; stiled the con●essor . ibidem : * verbum gersum● , p. 263. * id est , tem●●ore regis edwardi regis . † regina . * see spelmanni glossarium , verbum capa , & cappa , p. 115. * rot. magn. an. 25 h. 2. h see aurum reginae , p. 9 , 10. nova legenda angliae , capgrave & ribadeniera in vita s. helenae reginae . i nicephorus callistus hist. l. 8. cap. 31. k in folio london , 1635. p. 95 , 104 , 105. l in his britannia , p. 423. m de britannicarum ecclesiarum primordiis , p. 176. n cambdens britannia , p. 74. mr. seldens titles of honor , ch . 6. p 112. o monasticon anglicanum , vol. 1. p. 97 , 99. p berengosus abbas de invent . crucis ; nova logendae angliae in vita sanctae helenae reginae , ribadeniera , & others in her life . q in bibliotheca cottoniana sub effigie claudii , b. 6. f. 5. b. cap. 11. & monasticon anglic. vol. 1. p. 99. r gal 6.14 . s acts 3.6 . c. 8.18 , 18 , ●9 . 3 john 7. t horae beat●● virginis mariae secundum usum sarum . f. 15. us. 34. & 57. proces●●onale ad usus insignis eccle●ia● sarum , f. 76 , 77. 145 , 146. &c. rhemish testament , notes on john 8.19 . sect 3. thomas waldensis doctrinal● fidei , tom. 3. tit. 19. c. 120 , 111. dr. raynolds , de romanae ecclesiae idololatria . lib. 1. c. 1. sect . 13. lib. 2. c. 2. sect . 1 , 2. c. 3. sect . 29 , 81. l. ● . c. 5. sect . 27 , 28. u see their prayers , homilies , hymns , legends in festis exaltationis , & inventionis sanctae crucis , & rhemists notes on john 19. sect . 3. x see ribadeniera fleurs des vies des saincts , part 1. p. 333. & martyrologium romanum . mat. 26.48 , 49.67 . c. 27.26 . to 37. mar. c. 14 & 15. john c. 19 & 20. y hebr. 6.6 . c. 10.29 . z acts 2.23.36 . c. 3.13 , 14 , 15. c. 4.10 . luke 24.7.20 . 1 cor. 2.8 . 2 thess. 2.16 , 17. rev. 11.8 . k. henry 1. a mat. west . mat. paris , hoveden , holinsh●d , speed , and others . b mat. paris , ma● . westm. hen. huntindon , & others an. ●109 . & 1133. godwins catalogue of bishops , p. 201 , 202. d aurum reginae , p. 8 , 9 , ●0 . 44 , 46 , 62 , 63● 104.105 . e claus. 9 johan . regis , m. 10. in turri london ; & aurum reginae , p. 11 , 12 , 13.105 , 106. k. henry 3. ibidem rot. 1. intus . warr. pro patricio de chaurtes . ibid. rot. 1. do●so . su●sex & surr. rot. 5. dorso . inter essex & hertford . eodem term. rot. 6. intus . ibid. rot. 6. intus hereford . rot. 1 dors . memorand . d● auro reginae . ibid. rot. 14. intr . memor . de auro reginae . ibid. rot. 13● dorso , & 14. in t . memorandum de auro reginae de cibus london . pro rege●● * aurum reginae , p. 14 , to 20.106 . k. edw. 3. communia de termin . pasc. an. 41 e. 3. rot. 4 dorso . essex . de onerando abbatem sancti johannis colcestr . de 61 s. de auro reginae . oxon. & berks. communia & recorda de te●mino s. mich. 44 e 3. rot. 9. de rog. de cottesford v●c . onerando de diversis deb . de auro reginae . oxon. & berks , ibidem . rot . 9. in rot. 42. ●all● oxon. 40 s. 13 ● . 4 d. † respect . not. & derb. ibid. term. mich. 44 e. 3. rot . 13. de willielmus de sandford onerando de 40 s. de auro reginae . in ro● . 42. cor●ub . ibid. ro● . 13. eodem termino . de vic. onerando de diversis debitis de a●●o reginae . in rot. 43. glouc. ibidem term. s. mich. 44 e 3. tot . 7. de johan . poyntz v●c . onerando de diversis deb . de auro reginae . in rot. 44. salop. ibidem rotulo 7. termino supradict . de vic. onerando de diversis debitis de auro regi●ae . in rot. 43. wygorn . ibidem termino mich. 44 e 3. rotulo 7. de vic. onerando de diversis debi●is de auro reginae . rot. 43 in wygorn . essex & her●f . ibid. comm●nia term. supradict . rot . 13. do●so . d : v●c . onerando 〈◊〉 diversis deb●tis de auro reginae . in rot. 44 in item essex . ibid. glouc. de onerando johann . tracy de auro reginae per ipsum in manum regis capt . 〈◊〉 . 44. somers . & dors. ibidem , eodem termin . mich. rot. 5. dors . de onerando edmundus cheyne vic. de auro reginae . in rot. 44. n●● . & derb. ib. inter com. de termino s. mich. 44 e. 3. rot . 13 dors . de onerando rogerum beler vic. de auro reginae . somers . & dors. ibid. eodem termino , rot . 13 dorso . de vic. onerand . de diversis deb . de auro reginae . * let our vintners & mixers of such wines in this age observe it , & others how to punish them for it . in th● great rolls of an. 20 , 24 , 25 , 28 , 29 , 30 , & 32 h. 2. rot . 12. i finde divers fined by the kings justices in that age , pro falsa mensura vini : & de vi●● vendito contra assisam : & in other rolls since . in rot. 44 in item somers . essex & hertford . somerset . ibid. rot. 2. canc. ibidem rot. supradict . * see mr. hackwils treatise de auro reginae , ibid. rot . 5. lincoln●● ●● . de onerando tho. de fulne●by vic. de auro reginae . in rot. in item lin●● london . & midd. ibid. wygorn . see aurum reginae , p. 48 , 49. ibid. cumbr. ibid. oxon. ibid. kanc. see aurum reginae , p. 49 , ●0 . ibid. somerset . ibid. nor●t . see aurum reginae , p. 50. glouc. ●odem termino . derb. ibid. salop. ibid. bed. & buc●s ibid. rot . 5. intu● . linc. ibidem rot . 5. intus . see aurum reginae , p. 52. ebo●um ibid. lincoln . ibid. rot. 5. dorso . salop. ibidem inter brevia retornabilia eodem termino , rot. 5. dorso . ●borum . de onerando willielmum de acon vic. de auro reginae . oxon. & berks. ibidem . de onerando thoma● de la mare vic. de auro reginae . see here , p. 9. in rot. 43. in oxon. warr. & leyc . de onerando johan . to●es majorem , johannem de pomtefreyts & adam de keretleye ballivos libertatis villae de coventre de auro reginae per ipsos in manum regis capt . rot. 44. essex . hertf. ibid. de oner●ndo roger. de keterych vic. de auro r●ginae . in rot. 44. eb●r . ibid. de onerando willielm●m de acon vic. de auro reginae . in rot. 44. northumb. termino ibid. de onerando ricardum de horseleye vic. de auro reginae . eborum . de onerando johan . bygod vic. de auro reginae . see p. 23. cant. hun● . de onerando richardum de stynecle vi●de auro reginae . ibidem . northt . de onerando ricardum de wydevyll vic. de auro reginae . ibidem . not. & derb. de onerando rogerum beler vic. de au●o reginae per ipsum in manum regi● c●pt . ibidem . li●coln . de onerando thomam de ●ulne●by vic. de auro reginae . salop. de onerando robertum de k●ndale v●c . de auro reginae . in rot. 44. ibidem . eborum . de onerando johannem bygot vic. de auro reginae . in r●t . 44. ibid. northum . eodem termin● , de onerando ricardum de horsleye v c. de auro reginae . in rot. 44. ibidem . cumbr. d● one●ando adam pa●nings vic. de au●o reginae in manum regis capt . in rot. 44. ibidem . essex . de onerando thomam de bassingbourne vic. de auro reginae . in rot. 44. ibidem . kanc. de onerando willielmum de pympe vic. de auro reginae . in rot. 44. ibidem . wygorn . de onerando richardum rynhale vic. de auro reginae . in rot. 44. ibidem . somers . & dors. de onerando willielmum wynterbourne vic. de auro reginae . see aurum reginae , p. 51. in rot. 44. norff. de onerando willielmum de swynflet archidiaconum norwic. de auro reginae . essex & hertf. de onerando thom. strete de auro reginae . ibidem . essex . eodem termin● de onerand . tho. de bassingbourn vic. d● auro reginae● ibidem . northumb. de onerando rica●dum de horseleye vic. de auro reginae . ibidem . lincoln . de onerando tho. de fuln●tby vic. de au●o reginae . in rot. 45. ibidem . eborum . de oner●ndo johannem bigod vic. de auro reginae . in rot. 44. ibidem . essex . hertford . de onerando thomam de bassingbourne vic. de auro reginae . in rot. 44. ibidem . norff. & suff. de onerando edmundi de thorpe vic. de auro regin● . rot. 44. ibidem . suff. de onerando radulphum de waltham senes● . libertat . sancti edmundi de auro reginae● in rot. 44. ibidem . some●s . & dor● . de onerando willielmum winte●bourne , vic. de auro reginae . in rot. 44. somerset . & dors. de onerando robertam de roos vic. de auro reginae . in rot. 45. in ibid. northum . de onerando robertum dumframvyll , vic. de auro reginae . ebor. de onerando robertum de roos vic. de auro reginae . in rot. 45 in item lond. b●istoll . de onerando johanem viel de auro reginae . ibid. northum . codem termin● , de onerando ●ohannem de fenwiks vic. de auro reginae . ibid. northumb. codem termino de onerando johannem de fenwyks vic. de auro reginae . in rot. 47. lincoln . de onerando johannem hode vic. de auro reginae . in rot. 4● . in item lincoln . ibidem northumbr . de onerando johannem de fenwicks vic. de auro reginae in manum regis capt . in rot. 47. in res no●thum . no●thumbr . de nerando thomam de ilderton vic. de auro reginae per ipsum in manum regis capt . in rot. 49. in re● northum● . ibidem . northumbr . de thom● de ilderton vic. onerando de auro reginae in rot. 49. in res northumb . post al. deb . ibidem . northumbr . de onera ●● . ●●rt●ama●● m●nbo●ch , v●c . de au●o reginae . k. rich. 2. eb●rum . de onerando johann●m constable vic. de auro reginae , per ipsum in manum regis capt . glouc. deonerando thomam br●dewel vic. de auro reg●nae . ibidem . northumb. de onerando bertramum monboucher vic. de auro reginae per ipsum in manum regis capt . eborum . de onerando johannem sayvil vic. de auro reginae per ipsum in manum regis capt . devon. de willielmo de asthorp chivaler , exonerando de c l. de fine m. l. viz. de auro reg●nae . term●n . pasch. anno 18 rich. 2. rot . 1. * a very great excessive fine in that age . a seasonable vindication of free-admission, and frequent administration of the holy communion to all visible church-members, regenerate or unregenerate. from the institution, precept, president of christ himself; the doctrine, practice of the primitive church, fathers, councils, christians: the confessions, articles, records, chief writers of our own and other reformed churches: the dangerous consequents, effects, schisms arising from the disusage, infrequency, monopoly of this sacrament, to visible or real saints alone; and suspension of all others from it, till approved worthy upon trial. and that upon meer anabaptistical, and papistical false principles, practices, (here discovered) unadvisedly embraced, imitated, asserted, exceeded by sundry over-rigid, reforming ministers; to our saviours dishonour, our churches great disturbance, their own, their peoples prejudice; and the common enemies, and seducers grand advantage. / by will: prynne of swainswick esq; a bencher of lincolns inne· prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91267 of text r203285 in the english short title catalog (thomason e495_3). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 261 kb of xml-encoded text transcribed from 55 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91267 wing p4070 thomason e495_3 estc r203285 99863282 99863282 115472 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91267) transcribed from: (early english books online ; image set 115472) images scanned from microfilm: (thomason tracts ; 78:e495[3]) a seasonable vindication of free-admission, and frequent administration of the holy communion to all visible church-members, regenerate or unregenerate. from the institution, precept, president of christ himself; the doctrine, practice of the primitive church, fathers, councils, christians: the confessions, articles, records, chief writers of our own and other reformed churches: the dangerous consequents, effects, schisms arising from the disusage, infrequency, monopoly of this sacrament, to visible or real saints alone; and suspension of all others from it, till approved worthy upon trial. and that upon meer anabaptistical, and papistical false principles, practices, (here discovered) unadvisedly embraced, imitated, asserted, exceeded by sundry over-rigid, reforming ministers; to our saviours dishonour, our churches great disturbance, their own, their peoples prejudice; and the common enemies, and seducers grand advantage. / by will: prynne of swainswick esq; a bencher of lincolns inne· prynne, william, 1600-1669. [34], 74 p. printed by f. leach for the author, london : 1656. annotation on thomason copy: "nou: 19th". reproduction of the original in the british library. eng church of england -customs and practices -early works to 1800. lord's supper -history -early works to 1800. lord's supper -church of england -early works to 1800. a91267 r203285 (thomason e495_3). civilwar no a seasonable vindication of free-admission, and frequent administration of the holy communion to all visible church-members, regenerate or u prynne, william 1656 45408 306 0 0 0 0 0 67 d the rate of 67 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-04 aptara keyed and coded from proquest page images 2008-07 john latta sampled and proofread 2008-07 john latta text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion a seasonable vindication of free-admission , and frequent administration of the holy commvnion to all visible church-members , regenerate or vnregenerate . from the institution , precept , president of christ himself ; the doctrine , practice of the primitive church , fathers , councils , christians : the confessions , articles , records , chief writers of our own and other reformed churches : the dangerous consequents , effects , schisms arising from the disusage , infrequency , monopoly of this sacrament , to visible or real saints alone ; and suspension of all others from it , till approved worthy upon trial . and that upon meer anabaptistical , and papistical false principles , practices , ( here discovered ) unadvisedly embraced , imitated , asserted , exceeded by sundry over-rigid , reforming ministers ; to our saviours dishonour , our churches great disturbance , their own , their peoples prejudice ; and the common enemies , and seducers grand advantage . by will : prynne of swainswick esq a bencher of lincolns inne . 1 cor. 10. 2 , 3. 16 , 17. and did all eat the same spiritual meat ; and did all drink the same spiritual drink , &c. the cup of blessing which we blesse , is it not the communion of the bloud of christ ? the bread which we break , is it not the communion of the body of christ ? for we being many are one bread , for we are all partakers of that one bread . aug. ep●st . 179. non bonum est homini hominem vincere , sed bonum est homini ut eum veritas vincat volentem ; quia malum est homini ut eum veritas vincat invitum . nam ipsa vincat necesse est , sive negantem , sive confitentem . london , printed by f. leach for the author , 1656. to the over-sadly divided , misguided ministers , of the miserably distracted , undermined , almost ruined church of england ; especially such who in theory or practice have swerved from their duties , in casting off the frequent administration of the holy communion , with their peoples free-admission thereunto ; and in other particulars of moment here briefly touched . dear reverend christian brethren , whom i cordially honour for your a high and heavenly calling ; give me leave , with that christian liberty which becomes me , without any fear or flattery , to inform you ; that i have for many years by-past , with a bleeding soul and mournfull spirit , taken special notice of some offensive deviations from , and negligences in your ministerial function , ( whereof many of you are guilty ) which have given great advantages to your common romish , and sectarian adversaries , and just scandal to divers of your best-affected friends , some whereof i formerly endeavoured by seasonable , timely b publications , to crush in the very shell , and now deem high time to remind you of , being grown epidemical , yea almost destructive to your very ministry , as well as perillous to our church and religion . not to inlarge upon your own manifold intestine c sad divisions between and against your selves ; which have separated you into several opposite squadrons , ( that i say not factions , and battalioes ) of presbyterians , episcopalists , ( or royalists ) independents , interdependents ; openly , secretly warring against , and seeking to supplant each other , by the extravagant power , proceedings of illegal arbitrary committees , and new coyned orders , ordinances , covenants , engagements , with other machiavilian devices , whereby you have endeavoured to eject , sequester , suppresse , vex , ensnare , ruine one another under our successive late publike revolutions of government . by which you have now at last made your selves meer tenants at will , both in respect of your benefices , tithes , ministry , to every new upstart power ; a derision to your popish , a prey to your anabaptistical and other sectarian adversaries ; who infinitely increase their numbers , proselytes , by these your unbrotherly feudes ; and have no special committees to restrain , eject , suppresse them , but are crept into most committees , and places of power , to vex , molest , discountenance , persecute , eject , sequester many of you , at their pleasures ; and secretly encourage , countenance , abet our last insolent spreading romish sect of quakers , to disturb , affront , revile your persons , doctrine , ministry , both in the church , streets , and all other places , and to publish their most rayling scurrillous invectives against you , to accomplish your speedy extirpation by these instruments of the pope and devil , which they dare not immediately attempt by themselves in which prosecuted design of your utter speedy extirpation , all anabaptists , sectaries concurre , and unite their forces with the jesuites and popish party , as iohn canne demonstrates in his second voice from the temple , p. 2. where he excites the supreme authority of the nation , the parliament of the commonwealth of england , to whom he dedicates it , utterly to extirpate the national church ministry , worship , government of england ; and to starve , famish all the ministers thereof ( whom he stiles , antichristian idols ) by taking away the food and maintenance whereby hitherto ( and at this present ) they are ●ourished , fed , and kept alive . in regard of which joynt desperate co●federacy against you by these your combined common adversaries , i shall now exhort and advise you , first of all , to lay aside and abandon all private animosities , factions , feuds , contests , and persecutions against each other ; as not only unbeseeming the d embassadors , ministers of the god , prince , gospel of peace ; but as the most probable , unavoidable means of your own speedy destruction ; as these two gospel texts will assure you , mat. 12. 25 , 26. and iesus said unto them , every kingdom divided against it self is brought to desolation , and every city or house divided against it self shall not stand . and if satan cast out satan ( or one min●ster another of a contrary party ) he is divided against himself ; how shall then his kingdom ( or christs , where his ministers are thus divided , and cast out one another ) stand ? and gal. 5. 15. but if ye bite and devour one another , take heed that you be not consumed one of another . among all the evils that afflict the body politick of the church or state , there is none so pernicious as division , especially amongst the ministers and chief officers thereof , e because it strikes at the very foundation of their being , and poisons the original of their life and strength . wherefore , i beseech you most especially to avoid , detest this destructive sin . 2ly , seeing all ministers and christians are specially obliged by the f command , and will of their master , and by their own welfare , safety , salvation , to continue inseparably united one to another , and all together to make up but one harmonious body ; i shall exhort , beseech , advise you all , to g live and love like brethren ; h to be all of one mind and of one spirit , striving together for the faith of the gospel ; i to keep the unity of the spirit in the bond of peace . k to manifest to all the world that you are christs disciples by loving one another . and to pursue this pathetical exhortation of the apostle , to cease the contentions between the minister and people in the church of corinth , 1 cor. 1. 10. now i beseech you brethren in the name of our lord jesus christ , that ye all speak the same thing , and that there be no divisions among you ; but that ye be perfectly joyned together in the same mind and in the same judgement . 3ly , l stand constantly upon your watch , and m unite all your studies , endeavours together against the manifold plots , policies of satan , and your iesuitical , popish , sectarian common enemies , who seek nothing but the speedy ruine of your persons , ministry , and of our protestant religion , church , state , being more active , subtle and successfull of late years in this design , than ever in former ages . and let their present joynt attempts , combinations against you , be a prevailing argument to unite your affections , endeavours , studies to countermine them . 4ly , avoid all carnal , machivilian policies , all sordid compliances , and n base fears of any mortals , how great or powerful soever : and never o act nor consent to any evils , error , unrighteous , impious projects , or hypocritical designes , yea , hope that any good may come thereby : but rather part with your lives , liberties , and all worldly enjoyments , than with a good conscience , and the truth or ordinances of god intrusted to your care . 5ly , take notice of some particular late failings and scandalous sinfull omissions or neglects in the discharge of your ministerial office , in which divers of you have been and still are very peccant . whereas , by our former liturgies ( confirmed by p sundry acts of parliament yet in force ) the decalogui , or ten commandements of god himself , q ( asserted by all or most of you to be moral , and perpetual , as they are a rule of life and obedience ) were to be publikely read in all churches , ( as heretofore was usual ) once every lords day , and when ever the lords supper was administred ; to the end the people might the better remember and observe them in their lives and conversations . this godly custom , hath for sundry years together been universally neglected , and cast aside by all or most of you . by which means , the elder sort of people have quite forgotten these commandements ; the younger sort are alltogether ignorant of them , and generally know not , whether there be any such decalogue for them to learn , know , observe : their parents , masters , not instructing them in them in their private families as formerly ; since discontinued publikely in our chnrches ; the number of antinomians is hereby augmented , confirmed in their error : the knowledge , sence , conscience of sinnes against these precepts , almost quite obliturated : and these laws of god , with all other good laws of the realm , quite cast aside , slighted , scorned , violated in the highest degree , by many professed saints of the highest orb , like old almanacks quite out of date or force , especially the 5 , 6 , 8 , and last of them , thou shalt not covet thy neighbours house , &c. nor any thing that is his : now turned into an affirmative , or quite expunged out of the decalogue of too many english protestants , as well as the r second commandement heretofore out of the papists . and whether this omission be not a sinne against deutr. 6. 1. to 10. c. 18. 18. to 22. c. 4. 9 , 10. acts 13. 15. psal. 1. 2. iosh. 1. 8. and other scriptures , fit henceforth to be reformed , let your own consciences , with all protestant commentators on these texts , and the decalogue resolve you . 2ly , whereas the summary heads of the christian faith , comprised in antient creeds , ( made , ſ used in the primitive church , and continued in all christian churches , as most useful , necessary , ever since ) were usually repeated by the ministers and people in all our churches heretofore , when ever they assembled to worship god on lords-dayes , and other festivals or times of devotion ; this godly , profitable christian practice , hath been generally disused and set aside by most of you for sundry years together : whereby the old principles of our christian faith and creeds , are quite forgotten , or neglected by the ancienter sort , and unknown to the younger people , ( not instructed to learn or repeat them by heart as formerly , by their parents and masters , since disused in our churches by ministers ) and a world of new faiths , heresies , blasphemies , errors , have been set up and vented in opposition thereunto , destructive to the very foundations of our religion . now whether this omission be not a great misdemeanour or oversight in you , repugnant to the 1 cor. 15. 1. to 8. hebr. 5. 12 , 13. c. 6. 1 , 2 , 3. 2 pet. 1. 12 , 13 , 15. c. 3. 2. and other texts , let all old and new expositors on the creed , determine , and your own consciences judge ? 3ly , whereas by the laws of our land , confirming the book of ordination , and the liturgies of our church , all our deacons , ministers , formerly on lords dayes and other times of publike divine service , were specially obliged to read certain psalms , with one chapter of the old testament , and another out of the new , in the church , for the peoples better edification and instruction in the scriptures , and incouragement to read them diligently in their families and private closets ; yet now of late years , contrary to their solemn promise at their t ordinations , diligently to read the canonical scriptures of the old and new testament to the people assembled in the church , and contrary to exod. 24. 7. deut. 6. 1. to 10. c. 11. 18. to 22. c. 31. 11 , 12 , 13. josh. 8. 34 , 35. 2 kings 23. 1 , 2 , 3. 2 chron. 34. 29 , 30 , 31. neh. 8. 1. to 19. c. 9. 1. 3. c. 13. 1. isay 34. 16 ▪ ier. 36. 6 , 10 , &c. c. 51. 61 , 62. luk. 4. 16 , 17. acts 13. 15. c. 15. 21. 31. 2 cor. 1. 13. eph. 3. 4. col. 4. 16. 1 thess. 5. 27. rev. 1. 3. c. 5. 4 , 5. 2 cor. 3. 14. 1 tim. 4. 3. contrary to the practice of gods own people the iews , of christ himself and his apostles ; of the primitive fathers , councils , church , christians , as u bishop iewel proves at large , of all x protestant churches in foreign parts ; the practice , canons , rubricks , and liturgies of our english church , and command of god himself in the forecited texts , most of our independent ministers have wholly cast off the reading of all psalms , chapters of the old and new testament in their churches and meetings ( more particularly in pendennis castle in cornwall , where there was not one chapter , psalm either sung or read , during my near two years close imprisonment , in their meeting-house there ; ) yea , many presbyterians and other ministers have overmuch failed herein , reading only either one chapter out of the old testament or new , and somtimes only one psalm , without a chapter , now and then on lords dayes , and other publick dayes of worship . by which ill president , the generality of their people ( especially such who cannot read ) are become wholly ignorant of the scriptures , and made a prey to every seducer ; the constant reading of the scriptures in privat , is much neglected ; the scriptures themselves much slighted ; yea many turned professed anti-scripturists , rejecting the old and new testament both together ; and others who retain the new testament , have quite rejected the old , as nothing appertaining to christians ; though a chief part of the churches foundation , & approved , injoyned to be searched , studied , read by christ himself and his apostles in the new testament , mat. 5. 17. 18. c 7. 12. c 22 , 40. c. 26. 56. mar. 1. 2. lu. 1. 70. c. 16. 26. 31. acts 3. 18. c. 10. 43. c. 13. 15. 27. c. 26. 22. 27. c. 28. 23. c. 17. 2. 11. c. 18. 24. 28. rom. 1. 2. c. 16. 26. ephes. 2. 20. c. 4. 11 , 12. 13. 1 pet. 1. 10 , 11. 2 pet. 1. 19 20 , 21. c. 3. 1 , 2. with other expresse gospel texts . and is not this a grosse sinful omission now fit to be repented of and reformed by you all , having produced so many sad effects , and complying too much with the papists , y and mr. harding , who stiles the publike reading of the scriptures to the people in their mother tongue , the instinct and work of satan ? 4ly , many minsters and congregationt ( especially independents and anabaptists ) have wholly cast off the singing ( as well as reading ) of psalms , hymnes , and spiritual songs , not only contrary to the z precepts of god , and practice of the ●aints in the old testament : but of christ himself , his apostles , saints , church in the new , luke 1. 13 , 14. mat. 26. 30. 1 cor. 14. 15. ephes. 5. 17. col. 3. 1● . heb. 2. 12. iam. 5. 13. rev. 15. 3. c. 5. 9. c. 14. 3. and is not this a sin fit to be redressed by those who are guilty of it ? unlesse they deem our present oppressions , thraldom , and publick calamities such , as deserve to turn all our psalms into lamentations , and songs into howlings , amos 8. 10. ezech. 26. 13. iam. 7. 9. 5ly , whereas our ministers heretofore by our councils , canons , liturgies were obliged to catechise and instruct their younger parishioners in the lords prayer , creed , ten commandements and principles of christian religion ; and made a conscience to perform it on lords dayes and other seasons in the church , to the great edification and corroborations of their people against heresies , sects , errors , vices ; the generality of ministers of late years have either totally rejected , or in a great measure neglected this part of their ministerial duty ; contrary to gal. 6. 6. heb. 5. 15 , 16. c. 6. 1 , 2 , 3. deut. 6. 1. to 10. and other expresse scriptures . whereby parents and masters have for the most part given over this dutyin their families ; and so the people being generally ignorant , uninstructed , unsetled , ungrounded in the principles of religion , are a tossed and carried to and fro with every wind of doctrine , made a prey to all sorts of sectaries and seducing spirits , and divided from our churches into different separated conventicles , almost past hopes of reducing to the tr●th and unity of the gospel . how necessary it is therefore for all peccant ministers to reform this sin , let the preface to mr. crooks guide , and others who have written of the vtility and necessity of catechising , inform them . 6ly , some ministers ( especially independents ) have ( contrary to luke 9. 62. rom. 1. 1. heb. 7. 23 , 24. ) b quite renounced their very ministerial ordination and function , preaching only now as gifted brethren , not as ministers of the gospel ; and others of them have either overmuch neglected or scrupuled the baptizing of infants ; especially c of these who are not of their own independent congregations : which how repugnant it is to the precepts and presidents of christ and his apostles ; how scandalous to our protestant church and religion , how advantagious to our papal , anabaptistical , and other sectarian common enemies , let mr. d seaman , mr. baxter , mr. hall and others , who have written largely on these subjects of late times resolve them ; and themselves now reform with penitent hearts . 7ly , the thing i shall here principally charge upon the consciences of hundreds of ministers guilty of this sacrilegious crime , is , their many years wilfull discontinuance of the frequent publike celebration of the lords supper to their parishioners ; against the very essential duty and office of their function , as ministers of christ , and incumbents of parish churches , the precept and president of christ himself , the practice of the apostles , prim●tive church , fathers , christians , and all former churches , ministers of christ throughout the world ; the canons , decrees , injunctions , laws , statutes of our own and foreign church●s , states in all ages , and the very directory it self ; as i have e elsewhere , and shall here more largely manifest . by which negligence and omission , i shall desire them now at last most sadly to consider , 1. that they rob god himself of one chief publick ordinance , and part of his solemn worship . 2. that they rob jesus christ himself of one of his instituted sacraments , whereby they should principally shew forth the benefits , fruits , and memory of his death , till his second coming , 1 cor. 11 ▪ 25 , 26. 3. that they rob their churches and people of the inestimable benefits , comforts of christs most blessed supper . wherein they are more culpable , sacrilegious and injurious to christs institution and their people , than the sacrilegious popes and popish priests , who administer this sacrament to themselves in both kinds every masse , and give the people the consecrated bread in all places , once a year at least , and the cup too in some places , by special f dispensations : whereas they deprive themselves and their people wholly of both parts of this sacrament for sundry years , and will not dispence it to them at their and others earnest intreaties . 4. that herein they give as high , as grosse , as sinful a non obstante to christ himself , the primitive church and fathers , in casting aside this sacrament of the lords supper for so many years together ; as the g council of constance did , when it took away the use of the cup only from the lay-people ; and hereby justifie , imitate , exceed this their sacrilegious , antichristian practice . 5. that hereby they sinfully neglect , renounce one principal essential part of their ministerial function and pastoral duty , which they were purposely ordained ministers , and presented to their parochial cures and benefices diligently to discharge , ( as i have h elswhere manifested at large ) to wit , to administer this sacrament to their people . 6. that they herein pointblank oppugn , contradict the i constant practice of the primitive church , fathers , christians ; who usually administred the holy communion to all their visible church-members every lords day ; with the constant usage of all the churches of god throughout the world , in all former ages till this present , who prescribed , practiced the frequent celebration thereof , as a necessary , usefull , and most comfortable duty . 7. that herein they have in a great measure imitated the tyranny and practice of pope innocent the 3d. and the popish english clergy under him ; who interdicting the whole realm of england , anno 1208. ( by reason of differences then risen between king john , the archbishop of canterbury , and other prelates ) for 6 years , 3 moneths , and 14 days space ; thereupon through the clergies obstinacy cessaverunt in anglia omnia ecclesiastica sacramenta praeter solummodo confessionem , & viaticum in ultima neccessitate , et baptisma parvulorum , ad irrestaurabile damnum ecclesiae , tam in temporalibus quam spiritualibus , as k matthew paris and others inform us : the king hereupon by special writs and patents , commanded william of cornhil , joseline of cornwal and others , to seise all the lands , goods , livings of the archbishops , bishops , abbots , pri●rs , religious persons , clerks and priests , that should from the monday next before easter refuse to celebrate divine service and sacraments to the people ; and confiscated them all as forfeited to his treasury : being driven to use such austerity and sharpnesse against them , to enforce them to perform their pastoral charge ; as l mr. fox records out of the clause roll of 9 johannis in the tower of london . and have not many whole parishes , cities ▪ and dioceses , well nigh for as long a space or more , been actually interdicted in like manner , by sundry obstinate ministers , from all ecclesiastical sacraments , except baptizing of infants , ( and some of them from that too ) and from the administration of the lords supper to such as lie at the point of death , which was not denyed to any during that long papal interdict ? and do they not deserve then , as severe a seizure of their benefices , lands , goods for this their wilful neglect of their pastoral duty for so long a season , as the popish clergy then incurred for their negligence , obstinacy , and fear of the popes displeasure ? 8ly , this crime and neglect of theirs is highly aggravated by sundry circumstances , which instead of justifying or extenuating , doth elevate it to the highest pitch . 1. it hath been carried on and acted by special confederacies , combinations amongst most ministers guilty thereof ; who have had sundry publike and privat meetings , yea some days of humiliation ( which is worse ) to carry on this sacrilegious design● ; as the popish priests and prelates formerly had , for the sacrilegious taking away of the consecrated wine from the lay-people in the m council of constance . 2. they have justified it both in n presse and pulpit , as not only lawful and necessary , but their bounden duty ; yea the will and appointment of iesus christ , as the o popish preists have justified their half communion , and taking away the cup . 3. they have miserably wrested , perverted , tortured many sacred texts of scripture to warrant this their sacrilege , as the popish priests have done to justifie their depriving the people of the sacramental cup . 4. they have printed , preached against the p expresse letter of the scripture , all antiquity , the articles , homilies , liturgy , and these writers of our church , and confession of the council of constance it self , that our saviour never administred the sacrament to iudas , but only to the other xi . apostles ; to justifie their sacrilege by this palpable untruth . 5. they have cast most vile aspersions upon this most blessed sacrament , to justifie this their practice , and deterre the people from it ; stiling it frequently in their pamphlets , sermons ; q deadly poyson : a cup of poyson , which will poyson and kill mens souls . an ordinance of christ , which hath no efficacy spiritually to quicken , regenerate or convert men , but only to confirm such who are already regenerated and really converted . and asserting , that it belongs to none but real saints , and such as are truly sanctified ; and not to all visible members of the visible church able to examine themselves . 6. they have pleaded r tendernesse of conscience , duty ; and partaking with unworthy communicants in their sins , to justifie their non-celebration of this sacrament , which both in conscience and duty they are obliged duly to celebrate ; and by not doing whereof they are not only partakers , but authors , abettors , perswaders of their peoples sinful contempt and neglect thereof . 7. they have deprived many thousands of gods dear , precious real saints of the inestimable benefits , comforts of , strength and growth in grace by this most heavenly ordinance , to whom they confesse it doth of right belong , and debarred themselves also from it , for sundry years together , only for fear such whom they deem ignorant , scandalous , should partake thereof . and is not this the extremity of injustice , impiety , uncharitablenesse , to debar gods children , and christs invited guests from his table , only for fear some unworthy or unbidden guests should intrude thereto ? certainly this is diametrically contrary to the ſ office of every good and faithfull steward whom the lord hath made ru●er over his houshold to give them their portion of meat in due season ; who cannot expect a blessing , but curse from his lord when he cometh , and that he should cut him in pieces , and give him his portion with unbelievers . 8. some of them are grown so inveterately and transcendently malicious against the frequent publike administration of the lords supper , that they deem , prosecute it as a scandalous crime in other ministers , for which they d●serve to be sequestred and suspended from the ministry : some ministers in surrey , middlesex , and other places having lately been prosecuted , yea sequestred and put out of their livings , and those of the late kings party all silenced and prohibited to administer the sacraments at once , principally upon this account . when as those ministers rather deserve suspension both from their office and benefice , as scandalous , who have wilfully neglected the celebration of this sacrament for sundry years , and are guilty of all the premised aggravations of this their sin and sacrilege . now dear brethren , i beseech , i adjure you in the name and fear of god , without prejudice or partiality , to reflect on all these premises , so far forth , as any of you are really guilty of them ; and now at last to behold , consider , lament , repent , reform these transcendent exorbitances and excesses , into which the policy of satan , the pravity of your own hearts , the ambitious affectation of a new ecclesiastical iurisdiction over the sacraments of christ himself , and the consciences of your flocks ( the sourse of this new sacrilegious extravagance ) have hurried you by degrees : and t be no more stiffnecked in the obstinate neglect , defence , or excuse of all or any of them ; which i have faithfully represented to your view in their proper colours & just aggravations ; not with the least intention to cast any reproach or infamy upon your persons , or ministerial function ( which i cordially honor , reverence , and have ever supported , defended to my power ; ) but the more effectually to convince you of the greatnesse , sinfulnesse of these your errors and deviations whereinto you have lapsed of late years ; and for which especially ( in my weak apprehension ) god hath brought so much neglect , contempt , reproach upon , and opposition against your persons and calling , more than in former ages ; of which you all now so much complain in presse and pulpit , not without just cause : you all well know , u that the kicking at gods sacrifice and offring which he commanded , and despising of god therein , was that which made elyes sons and their ministry to be lightly esteemed , and brought ruine on them and their families , and caused god to translate the priesthood from them unto samuel . yea , you cannot but take notice of mal. 2. 1 , 2 , 8 , 9. and now , o ye priests , this commandement is for you . if ye will not hear , if ye will not lay it to heart , to give glory unto my name , saith the lord of hosts , i will even send a curse upon you , and will even curse your blessings ; yea , i have cursed them already , because ye do not lay it to heart , behold , i will corrupt your seed , and spread dung upon your faces , &c. ye have departed out of the way , ye have caused many to stumble at the law , ye have corrupted the covenant of levi , saith the lord of hosts : therefore have i also made you contemptible and base before all the people , according as you have not kept my wayes , but have been partial in the law . and may you not then conclude from these two scriptures ; that your kicking against the sacrament of the lords supper , and casting this offring quite aside , which christ commanded you frequently to celebrate , with your departing out of the way in all the forementioned particulars ( which hath caused many to stumble at the law ) are the principal causes , that have moved god to make yo thus contemptible and base before all the people ? yea , hath not your casting off the lords supper for so many years , occasioned many of the people to cast off all other ordinances , sacraments ? encouraged the anabaptists to cast off infant-baptism ; and thousands to reject both your ministry , churches , and to turn anabaptists , seekers , quakers , ranters , independents , papists ; and some professed atheists ? i shall therefore apply that wholesom advice of our saviour to the angel of the church of ephesus , unto you , at this season , rev. 2. 5. remember therefore from whence thou art fallen , and repent , and do thy first works ; or else ( you may justly fear what follows ) i will come unto thee quickly , and will remove thy candlestick out of its place , unless thou repent . now because christs own institution , practice , and the practice of his apostles recorded in the word , is the x only rule you ought to follow in the admission of your parishioners and people to this sacrament , and your administration thereof unto them ; give me leave to propound these observations to you from them , which through gods blessing may rectifie both your erronious judgements , consciences , practices in secluding others from the sacrament , without any gospel grounds . 1. it is clear , that y iesus christ himself secluded none from this sacrament of his body , either for ignorance or scandal ; but admitted all his disciples to it at first , without any pre-instructions that we read of , either of its nature or use , but what is recorded in the very institution it self , done sodenly after the passeover , as they sate at table . that all his disciples were then ignorant of the article of his resurrection from the dead , and would not believe that he was risen , within 4. dayes after he administred this sacrament to them ( though he * oft foretold them he should rise again the third day , and the prophets also predicted it ) as is clear by mat. 28. 17. mar. 16. 11 , 13 , 14 : where christ himself appeared to the eleven , and upbraided them with their unbelief and hardnesse of heart , because they believed not them that had seen him after he was risen , upon their double testimony to them ; whose words seemed unto them as idle fables , and they believed them not , lu. 24. 11 , 12. 21 , 22 , &c. 37 , 41 , 46. john 20. 24 , 25. to 30. yet he admitted them all to his supper , though thus ignorant and unbelieving . and as he admitted all his disciples , though thus ignorant : so he likewise admitted iudas himself , though a z devil , a thief , a traytor , a seller of him to the iews for money , a son of perdition , yea cast away , and christ then knew him to be such a wretch . 2ly , it is most evident , that a all those whom christ admitted to eat the passover with him , he likewise admitted to receive this sacrament of his last supper , without secluding any of them . but all circumcised persons whatsoever , as well unregenerate , ignorant , or scandalous , as the most regenerate , knowing and holy saints ( if not totally cut off from the congregation , and legally , not morally unclean ) were admitted to eat of the passover , exod 12. 3 , 4. 43. to 50. deut. 16. 2. &c. josh. 5. 10. 2 kings 23. 21 , 22. 2 chron 30. 1. to 26. c. 35. 1. to 20. ezra 6. 19 , 20 , 21. 1 cor. 10. 11. 3 , 4 , 5 ▪ therefore all such christians and church members ( if not actually cut off by excommunication from the church ) ought , by christs own practice , to be admitted to the lords supper , 1 cor. 10. 16 , 17 , 18. 3ly , we read of no special preparation sermon made by christ to fit his disciples to receive this sacrament : of no classis or presbytery appointed by him to examin their faith , knowledge , graces , preparation , worthinesse , fitnesse before they were admitted to it ; or to seclude them from it , if adjudged unworthy , ignorant , or scandalous by them . of no such extraordinary preparation , prescribed to them ere admitted to receive it , as is now b peremptorily exacted , prescribed , as absolutely necessary ere men must approach , or be admitted to receive it ; and no other preparation or self-examinanation then was requisite for the receiving of the passover , or other daily holy duties . all which our saviour , no doubt , would have absolutely prescribed at his first institution and celebration of this sacrament for a pattern to all succeeding ages , if so absolutely necessary , as ●ome over-rigid ministers ( now wiser , holier , and more scrupulous than christ himself , the author of this mystery ) now affirm in presse and pulpit , without any precept or president from their lord and master jesus christ , but their own fancies . 4ly , it is apparent from the 1 cor. 10. 16 , 17. the cup of blessing which we blesse , is it not the communion of the bloud of christ ? the bread which we break , is it not the communion of the body of christ ? for we being many are one bread : for we are all partakers of that one bread : that all the believing corinthians and members of the visible church of corinth ( except the c incestuous corinthian excommunicated from the church and all other ordinances as well as this ) did receive the lords supper usually together : yet many of them were very ignorant ; yea meer babes in christ , whom the apostle fed with milk , and not with strong meat , being not able to bear it ; and some of them denyed the resurrection of the dead , or were ignorant of it , 1 cor. 1 , 2. 3. c. 7. 10 , 11. c. 14. 38. c. 15. 12 , 13. &c. others of them were in a great measure scandalous : 1 in going to law with their brethren before unbelievers , for which he reprehends them , 1 cor. 6. 1. to 8. others of them guilty of adulterie , lasciviousnesse , fornication , ch. 6. 18 , 19. c. 10. 8. 2 cor. 12. 21. others of them spiritually proud , and puffed up with their knowledge , who did eat things sacrificed to idols in idols temples , and scandalized their weak brethren , ch. 8. 1. 2 , 7 , 8 , &c. c. 10. 22 , 23 , 28 , 29 , 30 , 32 , 33. others of them withheld due maintenance from pa●l himself & those other ministers who instructed them , ch. 9. 6. to 20. besides , their men and women were very disorderly in their publike assemblies , and came together not for the better , but for the worse , for which he reprehends them ch. 11. 3. to 34. and ch. 14. throughout . more particularly , when they came to receive the sacrament of the lords supper they were very disorderly , in not receiving it all together , and tarrying not one for the other ; in despising and not relieving their poor brethren , and not eating with them ; yea some of them were drunken when they came to receive ; and they were also full of schisms , contentions , factions ; some being for paul , others for apollos , others for cephas , &c. 1 cor. 11. 16. to 34. 1 cor. 3. 1 , 2 , 3. yea , the apostle writes expresly that he could not speak unto the generality of them , as unto spiritual , but unto carnul , even as unto babes in christ , being carnal and walking as men , chap. 3. 1 , 2 , 3 , 4. yet notwithstanding all these disabilities , si●s , scandals , they were then freely admitted to the lords table , and not secluded from it . and though the apostle reprehends them in this epistle for their ignorance , these other vices sins and disorders in their meetings ; yet he gives no order to their ministers or presbyteries to seclude them from the sacrament till better instructed , prepared , and reformed in their lives ; but only admonisheth them , to reform those their abuses themselves ; to judge and examine themselves before they eat and drink of the lords bread and cup ; because otherwise they shall eat and drink judgement to themselves , and bring gods temporal iudgements of sicknesse and death upon them : yet no way dehorts them from constant and frequent reception of this sacrament by reason of this danger of unworthy receiving , which they must take care to reform , 1 cor. 11. 33 , 34. but in no case omit the duty , being christs prescribed ordinance , to shew forth his death till ●e come , verse 25 , 26. from which only texts and presidents in scripture , relating to this sacraments institution and reception , it is most clear to my judgement and conscience , 1. that ignorance in church-members and baptized christians of years of discretion , is no sufficient ●ause to debarre them from the lords supper , no more than from the preaching of the word . the reason is most clear , because christs supper ( as d augustine , e bishop iewel , f thomas beacon , and others resolve ) is both a visible and audible sermon , word , and the priest therein preacheth and declareth the death of the lord , with the fruits and benefits of his passion to the communicants , to instruct , teach , edifie them thereby ; as he doth by his other sermons , reading and preaching of the word at other seasons . therefore the best and readiest way to instruct and reform the peoples ignorance , is frequently to call , presse and admit them to this holy sacrament , that they * may be thereby edified , instruct●d , comforted , inlightned by it , and not to seclude them from it , year after year ; which doth but continue , and increase their former ignorance , and harden them therein . 2ly , that no scandalous sins , crimes , unregeneracy , or want of spiritual , saving graces , ought to seclude any external christians or church-members from the lords supper , no more than from hearing of the word , prayer , thanksgiving , fasting , reading the scriptures , or any other publick or private duties of gods worship : because they are peremptorily g commanded to perform this duty in remembrance of christs death , and thereby to shew forth his death till he come , as well as to hear , read , pray , fast , praise god , and the like , from which no sin , nor unpreparednesse may exempt , or excuse any man ; yea it is a far greater , and more dangerous sinne , wilfully to neglect , omit , contemn the performance of this or any other holy duty , than sinfully to perform and set about it , there being a total disobedience in the one , but a partial obedience at least ( through a failing in the due manner of peformance ) in the other . which i wish all ministers and christians would now sadly consider : and so much the rather , because the apostle and spirit of god in this epistle ( pointblank against dr. drakes , mr. collins , and others conclusions thence ) make the corinthians scandalous sins forementioned , their resort to , and eating meats offered to idols and devils in their temples ( a more scandalous crime than any english christians are now guilty of ) not a ground to seclude them from the lords table , supper , temple , as unfit to communicate with other christians ; but presseth their frequent participation of the lords table , and resort to his temple , his ordinances , as the strongest argument to disswade , reclame them from these scandalous sinnes ; witnesse these expresse words , 1 cor. 10. 14. to 24. wherefore my dearly beloved , flee from idolatry , i speak as to wise men , judge ye what i say : the cup of blessing which we blesse , is it not the communion of the bloud of christ ? the bread which we break , is it not the communion of the body of christ ? for we being many , are one hread ; for we are all partakers of that one bread . behold israel after the flesh , are not they which eat of the sacrifices partakers of the altar ? what say i then ? that the idol is any thing , or that which is offered in sacrifice to idols is any thing ? but i say , that the things that the gentiles sacrifice , they sacrifice to devil● , and not to god : and i would not that ye should have fellowship with devils . ( mark this inference , and that which follows ) ye cannot drink the cup of the lord , and the cup of devils : ye cannot be partakers of the lords table , and of the table of devils , &c. in which clause the word cannot , is not taken physically or naturally ( for they did actually eat , drink of the table , cup of the lord and devils , for which he reprehends them : ) nor of a moral or spiritual cannot , as some interpret it ; that is , you cannot lawfully , or spiritually , of right , drink of the lords cup , or be partakers of the lords table , but ought to abstain or be secluded from them , so long as ye partake of the cup and table of devils ; which is clearly contradicted as false by the 16 , 17 , and 20 verses : but of a rational and logical * cannot ; that is , you cannot ( in reason , duty , justice , convenience , experience ) drink of the cup , and partake of the table of devils , or go to idols temples ; but flee from idolatry , and not have fellowship with devils ; because you all drink the cup of the lord , and are all partakers of the lords table , and of that one bread , which is the communion of the body of christ . which argument is thus seconded , enforced in the 2 cor. 6. 14 , 15 , 16. be ye not unequally yoked together with unbelievers : for what fellowship hath righteousnesse with unrighteousnesse ? and what communion hath light with darknesse ? or what concord hath christ with belial ? or what part hath he that believeth with an infidel ? and what agreement hath the temple of god with idols ? for ye are the temple of the living god ; as god hath said , i will dwell in them , and walk in them , and i will be their god , and they shall be my people . wherefore come out from among them , and be ye separate , saith the lord , and touch no unclean thing , and i will receive you , &c. a full exposition of and commentary on this former text . therefore by the apostles own argument and resolution , the most scandalous church-members , if not actually excommunicated , not only may , but must , yea ought to be admitted to the lords supper , and not secluded from it ; and their participation thereof ought to be thus enforced on them by ministers , as the strongest argument , and most prevailing reason , motive , to reclame them from their scandalous sins ; which have no rational fellowship , communion , concord , part , agreement or consistency with such a sacred ordinance , but ought to be abandoned as most incongruous , unsuitable , and repug●ant thereunto , and to their christian profession . which is more agreeable to the will , mind of iesus christ , and will be far more effectual upon the souls , consciences , lives of scandalous sinners , than their many years sinfull seclusion from this sacrament , which doth but harden them in their scandalous sins , and cause them to have more fellowship with devils in their works of darkness , than ever they had before their seclusion from the lords supper . 3ly , that all visible church members as visible , have an equal external right of admission to this sacrament , and ought all equally to receive it in common , without any seclusion , when administred , being that wherein their common christian communion principally consists , and is testified unto the world : whence it is stiled * the communion , and no other ordinance but it so termed . therefore there is no classis , presbytery , or other church officer appointed by christ or his apostles , to suspend or seclude any church-member from it , but rather ( if any such classis or officers there be ) to incite and invite them to it , when negligent to receive it : isay 55. 1 , 2. iohn 7. 33. rev. 22. 17. 4ly , h that though preparation sermons to the lords supper , to instruct and prepare the people for the more devout and diligent receiving , are commendable , profitable , usefull , especially where the people are ignorant , carelesse , and backward to receive it . and although an extraordinary self-examination , preparation , humiliation and repentance be very profitable , advantagious , comfortable to such who have time and means sufficient , before they approach to this supper of the lord ; yet they are not so absolutely necessary as i many now assert them in print , and discourse ; nor the want of them a sufficient cause for any persons to debar themselves , or for ministers or presbyteries to seclude others from this sacrament ; there being no other , no greater preparation , qualification , or higher degree of faith , love , charity , repentance , devotion , and other christian graces , required in our approaches thereunto , than unto other publike and private ordinances of gods worship , for ought appears by scripture . and that self-examination required of christians when they receive this supper by the apostle in the 1 cor. 11. 28. is required of all christians at other times and seasons by the same apostle , 2 cor. 13. 5 , 6 , and of all saints , long before this sacrament instituted , as a constant and daily duty , especially in times of affliction , and approaches to god in other holy duties , lam. 3. 39 , 40. psal. 4. 4. ps. 119. 5● . hag. 1. 5. prov. 6. 6. jer. 8. 6 , 7. eccles. 5. 1. 5. k that the ministers administring the sacrament to an ignorant , scandalous , or unworthy communicant , who eats and drinks judgement or damnation to himself thereby , doth no wayes make him guilty of his sin , or unworthy receiving ; for then christ and the ministers of corinth should have been guilty of judas and the corinthians unworthy receiving . the reasons are apparent , 1. because the administration of it is the l ministers bounden duty ; and the receiving , the receivers ; but the unworthy receiving , his own sin alone , and personal crime , to which the minister is no party or accessory , no more than the rider guilty of his horses halting , stumbling ; or the musician of his instruments jarring ; or schoolmaster of his scholars blots , or misframing of his letters ; or the physician or chirurgian of their patients distempers or disorders which hinder the good operation of his wholesom medicines . or the minister guilty of the peoples unprofitable hearing , when m the word becomes unto them the savour of death unto death , and a means of their obduration by their own defaults . 2ly , because the good successe of the sacrament , and all other means of salvation , n depends not on the minister , but gods blessing on them , and the peoples due receiving of them . 3ly , because the ministers are unto god a sweet savour of christ in them that are saved , and in them that perish , as well in administring the sacraments , as preaching the gospel , 2 cor. 2. 14 , 15 , 16. they being both ordained by god and christ himself , as well to be o savours of death unto death in a secondary and accidental respect , to magnify his justice towards those who unworthily receive , abuse or contemn them ; as to be a savoar of life unto life to them who receive them worthily , to the magnifying of his free grace towards them . wherefore there can be no real ground or scruple of conscience left for ministers , not to administer it freely unto all church members , but only meer design , to erect a new iurisdiction and presbytery , to seclude men from this sacrament only , under a pretext of conscience . 5ly , that p no scandalous sin whatsoever doth directly and properly of it self debarre christians from the sacrament , or any other publike ordinances or private duties , ( the best ordinary means prescribed by god to cure and heal their sins , convert and reclame them from them ; ) but only consequentially , when they are actually and judicially excommunicated , or cut off from the church and publick assemblies for them , q for the terror of others , the prevention of infection by their society , the shaming , punishing of themselves for their scandalous sins , and bringing them to repentance for them . that excommunication it self doth not formally , specially and intentionally seclude men from this sacrament , ( as most ignorantly fancy ) no more than from any other publick ordinance ; but only consequentially and indirectly , by secluding them for a time from the * church it self , and communion , society of all the faithfull , where the publick ordinances and sacraments are administred : whence it is stiled and defined . a casting or putting a scandalous sinner out of the church : a cutting him off from the congregation , and a delivering him over unto r satan ; but never , a suspension from the lords supper , or other publike ordinances ; being only the consequence , nor form or essence of excommunication , so much of late contested for , and so little understood , by those who are most eager to introduce it . 6ly , i humbly conceive , that no greater measure or degree of knowledge , faith , profession of christ , confession of sinne , and repentance , is necessarily required by god , or to be exacted by ministers , to enable men now to receive the sacrament of the lords supper , than in the primitive church was exacted by christs own apostles and ministers in persons of ripe years newly converted to christianity , upon their admission to baptism ; they being both sacraments and seals of the covenant of grace alike , and requiring the self-same qualifications . hence our learned ſ bishop iewel writes , it appeareth by st. cyprian , st. hierom , t st. augustine , and other old writers , that they that were baptized , as well children as others , immediately received the holy mysteries in both kinds . st. u hierom speaking of one hilarion saith thus . he cannot administer baptism without the sacrament of thanksgiving . x st. cyprians words touching this matter be these : ubi solennibus adimpletis , &c. after the solemnity ( of the consecration ) was done , and the deacon began to administer the cup unto them that were present ; and among others there received , the childs turn being come , by the power of the divine majesty , she turned away her face , &c. here by the way we may well gather , that like as the priest , the deacons , and the people received , even so the child received too , without any manner of innovation or difference . this custome of administring the lords supper as well to infants , as others , immediately after their baptism in the primitive times , proceeded ( as i conceive ) from the very practice of the apostles . acts 2. 38. to 42. where the 3000. converts so soon as they believed and were baptized , were immediately admitted into the apostles fellowship , and to the breaking of bread , which most interpret of the sacrament of the lords supper , comparing it with acts 20. 7. & 1 cor. 10. 2 , 3. 16 , 17. now a very * small measure of instruction , knowledge , faith , repentaece , confession of sin , and acknowledgement of christ , was reputed sufficient in the primitive church by the apostles and ministers of christ , to qualifie and admit converts of ripe years to the sacrament of baptism ; as is clear by mat. 3. 5 , 6. acts 2. 38 , 41 , 42 , 46 , 47. c. 8. 12 , 13 , 16. 36 , 37 , 38. c. 9. 17 , 18. c. 10. 47 , 48. c. 11. 16 , 17. c. 16. 15. 30. to 35. c. 18. 8. c. 22. 16. where all were instructed , converted , believed , baptized in one and the very self-same day , and made profession of the faith of christ , upon the first sermon they heard , without any further delay or suspension of them from baptism . therefore they and all other baptized christians of ripe years , immediately upon their baptism and conversion , ought now to be admitted to the sacrament of the lords supper upon the self-same terms and qualifications , and not secluded from it , under a pretence of ignorance or unfitnesse to receive it . 7ly . whereas some ministers most insist upon the 1 cor. 11. 27 , 29. whosoever shall eat this bread , and drink this cup of the lord unworthily , shall ●e guilty of the body and bloud of the lord . for he that eateth and drinketh unworthily , eateth and drinketh damnation to himself ( not to the minister or other communicants ) not discerning the lords body : as the prime ground , and reason to suspend ignorant and scandalous persons , in their judgement , from this sacrament . i beseech them to observe , 1. what the antient fathers , and y bishop iewel out of them concludes against the papists , who object it , to prove a transubstantiation in this sacrament even so z st. augustine writeth of the water of baptism . baptismus valet al●is ad regnum , aliis ad judicium . again he saith , a baptismum multi habent , non ad vitam aeternam , sed ad poenam aternam , non bene utentes tanto b●ne . verily b saint augustine saith , reus erit , non parvi pretii ; sed sanguinis christi , qui ( fornicatione et adulterio ) violat et commaculat animam , christi sanguine et passione mundatam . againe he saith , c adultter reus erit aeternae mortis , quia vilem in se habuit sanguinem redemptoris . d athanasius saith , adorantes dominum , neque ita , ut dignum est ei , viventes , non sentiunt se reos fieri dominicae mortis . e and st. cyprian saith , impiis in morte christi nullus superest quaestus , sed justissime eos beneficia neglecta condem●ant . if then * baptism be received by some unto judgement and everlasting pain , as well as the lords supper : if fornicators and adulterers by defiling their souls made clean , by the passion and bloud of christ , be guilty of the bloud of christ , though they receive not this sacrament ; if those who worship the lord in prayer , or any other sacred ordinance as well as this , and yet live not so as is meet for the lord , are thereby made guilty of our lords death ; if wicked mens despising of the benefits of christ , doth justly condemn , and make christ death ungainfull to them , as well as unworthy receiving this sacrament : then this text can afford no jurisdiction or ground at all to our ministers , or others , to seclude any from the lords supper , no more than from baptism , or any other sacred ordinance upon this account , ● 2ly . observe what exposition f bishop iewel in the same place gives of this text . this therefore is st. pauls meaning , that the wicked resorting unworthily to the holy mysteries , and having no regard what is meant thereby , despise the death and crosse of christ : and therefore are guilty of the lords body and bloud that are represented in the sacrament . to come nearer to the purpose , st. augustine saith , habeant foris sacramentum corporis christi , sed rem ipsam amittunt intus cujus est illud sacramentum : et ideo sibi judicium manducant et bibunt . here saint augustine saith , they are guilty , not because they receive , but becavse they receive not the body of christ . mark well these words mr. harding , ( and let others mark them now ) they are effectual : the wicked by st. augustines judgement are guilty , not becavse they receive , but becavse they receive not the body of christ . and if so , then i hence inferre , that those who willfully neglect to receive the sacrament of the lords supper , or keep off others from it who desire and presse to receive it , are more guilty of the body and bloud of christ , than those who unworthily receive it ; because they h more neglect , contemn , despise and undervalue christs death and passion represented therein , than those who in obedience to his institution make conscience externally to receive it , when administred ; and do neither externally , nor internally , sacramentally nor spiritually receive the body of christ : when as the others who receive unworthily , receive it externally and sacramentally , at least in the elements : which judas likewise did , as bishop iewel there asserts , out of two quotations in i st. augustines writings . 3ly . consider , that when our saviour sent forth his apostles ( and ministers , who succeed them ) to preach ; he gave them this commission , mark 16. 15 , 16. go ye into all the world , and preach the gospel to every creature . he that believeth and is baptized , shall be saved ; bvt he that believeth not shall be damned . which is likewise seconded john 3. 18 , 36. 2 cor. 2. 15 , 16. if then the damnation of those who believe not the gospel preached , authorizeth not ministers or presbyteries to seclude any unbelieving christians , or other unprofitable hearers from hearing the word and gospel read or preached in the church or elsewhere ; then by the self-same reason , this danger of eating and drinking damnation , and being guilty of the lords body and bloud , can be no sufficient authority , ground or commission for any classi● , presbytery or minister whatsoever , to seclude any visible unexcommunicated church-member from the lords supper , no more than from the word preached , read , prayer , or any other sacred ordinance ; which * god commands them to frequent ; which no mortals●may or can ( without the highest presumption , usurpation ) juridically enjoyn them to abstain from , or neglect ; seeing we ought herein to obey god , rather than men , as the apostle : themselves have twice resolved , acts 4. 17 , 18 , 19 , 20 , 29 , 30 , 32. c. 5. 20 , 21 , 28 , 29. &c. 42. and daniel long before them , dan. 6. 5. to 18. all which particulars , with what else i shall subjoyn in this vindication , duely considered , together with that commission which every minister publikely received heretofore at his ordination , when he had this power conferred on him ( be thou a faithfull dispenser of the word of god , and of his holy sacraments . take thou authority to preach the word of god , and to minister the holy sacraments , in this congregation where thou shalt be so appointed ) and that solemn promise he then openly made , k i will by the help of the lord , give my faithfvl diligence always so to administer the doctrine and sacraments of christ as the lord hath commanded , and this realm hath received the same , according to the commandements of god : will ( i hope ) through gods blessing on them , resolve and determine all those distracting needlesse controversies , touching suspension of particular persons , or whole parishes from the lords supper , and remove all new-erected bars and rayles to keep the people from free-admission and accesse to the lords table , in all plaees where of late years they have been injuriously sequestred from it ; and restore the frequent celebration thereof in remembrance of our saviours passion . and so much the rather , because the very directory it self ( as well as our old common prayer book ) in the section of the celebration of the communion or sacrament of the lords supper , resolves thus in the very first lines . the communion , or supper of the lord is † frequently to be celebrated . but how often , may be considered and determined by the ministers and other church-governours of each congregation as they shall find most convenient for the comfort and edification of the people committed to their charge . after which it directs , when the day is come for administration , the minister shall make a short exhortation , expressing the inestimable benefits we have by the sacrament , together with the ends and use thereof setting forth the great necessity of having our comfort and strength renewed thereby in this our pilgrimage and warfare ; which being the things i plead for , i cannot but hope , all ministers of the church of england will henceforth cordially pursue , notwithstanding all former books , cavils , scruples to disswade them from their duties herein . * if there be therefore any consolation in christ , if any comfort of love , if any fellowship of the spirit , if any bowels and mercies , fulfil ye my joy , that ye be like minded , having the same love , being of one accord , of one mind herein . * finally brethren , whatsoever things are true , whatsoever things are honest , whatsoever things are just , whatsoever things are pure , whatsoever things are lovely , whatsoever things are of good report ; if there be any virtue , if there be any praise , think on these things . those things which ye have both learned , & received , and heard & seen in me , do , & the god of peace shall be with you . the grace of our lord iesus christ be with you all amen . so prayes your unfe●gned christian friend and brother in the lord . william prynne . swainswick , sept. 1. 1656. a seasonable vindication of the frequent administration of the holy communion , to all visible church-members , regenerate or vnregenerate . having heretofore in a several publications from divine and humane authorities of all sorts , largely evinced , that the holy communion of the lords-supper belongs equally to all , and every visible member of every particular church capable of self-examination , ( not actually cut off from it by a legal excommunication ) be he regenerate or unregenerate : that it ought to be now frequently administred in publick to all congregations , as it was in the primitive church : that it is a powerfully converting , as well as a confirming ordinance : that christ himself admitted b judas to it ( though a devil , theef , traytor , covetous wretch , selling christ for money to his crucifiers ) at its original institution , as well as the holiest apostles . that all ministers are bound by their office , duty , christs command , to administer ; and all their people of age of discretion , often to receive it . that none may or ought to be secluded from it , but such as are for their notorious sins , actually excommunicated from church-communion and all other ordinances . that sole suspension from this sacrament , by way of church-censure , with free admission to all other publick ordinances : and examination by ministers or presbyters of other mens fitness by way of jurisdiction , before their admission to the lords supper ; are not warranted by any precept , or president in gods word . that neither the ministers who deliver this sacrament , to unworthy receivers presenting themselves humbly and earnestly to receive it ; nor such who receive together with them , are guilty of their unworthy receiving , but themselves alone , nor any wayes partakers with them in their sins : answering likewise all objections to the contrary . ( which mr. john humfrey , in his sermons , vindications of free-admission to the lords supper , and rejoynder to dr. drake , hath acutely , judiciously , solidly backed ; vindicated since ; with john timson , in the barre removed , and answer to mr. collings , and mr. saunders : ) and having newly in my legal resolution of two important quaeres of general pres●nt concernment , clearly demonstrated from our statute , common and canon lawes , the bounden duty of ministers or vicars of parish-churches , to administer the sacraments , as well as preach , to their parishioners : with the legal remedies to reclaim them from , or punish or remove them for their wilfull obstinacy in denying the sacraments to them : ( a theam not formerly handled by any of my profession , generally unversed in such law-points : ) which remedies doubtlesse may , will be put in execution against such anti-communion , refractory , sacrilegious ministers , who wilfully rob their parishioners of their sacramental bread and wine , ( being herein far worse than popish priests , who deprive their laicks only of the cup , but freely admit them to the sacred bread , in the eating of whith alone they likewise misinstruct them , c that they also drink christs cup and sacred bloud : ) and though they oft preach unto their people when they injuriously detain their tithes , dues ; thou shalt not muzzle the mouth of the ox that treadeth out the corn : deut. 25. 4. 1 cor. 9. 9. that so they and theirs may have bread to eat at their own tables ; yet themselves ( against this and other divine commands ) still muzzle the mouths of those oxen ( their parishioners , whose tithes and duties they receive ) which not only tread out , but sow and provide them corn , and keep them thus muzzled , sundry moneths , nay years together , from eating any bread at the lords own table , though he d invites , commands , compels them by his word , precepts , and the presidents of all former ages , frequently to resort thereto . to prevent which prosecutions , by their injured , offended people , and reclaim them from this their sacrilegious obstinacy by all christian friendly means , or else to leave them exposed to the justice , penalties of our laws , without any colour of excuse , or plea in bar , in law or conscience ; i thought it convenient ( by way of corollary to all my former publications of this subject ) to recommend to them and others some passages touching the lords communion , and it s oft celebration , distribution to all church-members , in our peerless bishop jewel , and shining thomas becon , with certain observations of my own deduced from them ; which through gods blessing may rectifie their erronious judgements , consciences , practices , wherein now they ignorantly act the parts , imitate , exceed the extravagances , promote the designs of papists , anabaptists , and other sectaries , and by building blindly or unadvisedly upon their foundations , increase their numbers , churches , and decrease , subvett their own ; as we all find by sad experience , and themselves will most repent of ( if now they will not reform their errors ) when it will be over-late . i shall therefore beseech all such ministers to lay aside all obstinacy , self-interests , prejudices , parties , combinations , by respects whatsoever , and with sincere , unbias●ed , docible spirits , to pursue solomons divine advice , prov. 8. 33. hear instruction and be wise , and refuse it not ; lest poverty and shame befall them , as they doe those who refuse instruction , prov. 13. 18. and lest they sin wilfully without hope of pardon . e post inspirationem vero et revelationem factam , qui in eo quod erraverat perseverat prudens & sciens , sine venia ignorantiae peccat , praesumptione atque obstinatione superatur ; as s. cyprian resolves . it is a memorable saying of f s. ambrose touching the sacrament of the lords supper . indignus est domino , qui aliter mysterium celebrat , quam ab eo traditum est . non enim potest devotus esse , qui aliter praesumit quam datum est ab authore . which had those ministers i now deal with , duly pondered , they would never have presumed to advance their own new crochits , above the precept , against the express president of the very author of this mystery . which how great a crime it is , that old blessed martyr g st. cyprian will inform them in these positive words . not to doe that thing that the lord did , what is it else but to cast off his word , and to despise his discipline , and to commit , not worldly , but spiritual robbery and adultery , while as a man , from the truth of the gospel , stealeth away both the sayings and doings of the lord , and corrupteth and defileth gods commandements ? and is not their peremptory denyal to administer the communion to their people year after year ; their stealing away the body , bloud , bread , cup , table , whole supper of the lord himself from their parishioners , and corrupting , wresting , defiling sundry scriptures to justifie this their practice , a casting off his word , a despising of his discipline , a committing , not of worldly , but spiritual robbery , adultery ; yea , a stealing away of the sayings and doings of the lord , worse than that of the h aquar●i ( of whom he writes ) who did oft consecrate the sacram. and deliver it to the people ; yet , vel ignoranter , vel simpliciter in calice dominico sanctificando , et plebi ministrando , non hoc faciunt quod jesus christus dominus & deus noster , hujus sacrificii author & doctor , fecit & docuit ; consecrating and ministring water to the people instead of wine ? and if st. cyprian might well write this against the hereticks called aquarii , which in the holy ministration would use no wine , but instead thereof did consecrate water , and ministred it unto the people , much more may we say the same against our adversaries , which consecrate and minister unto the people no cup at all , writes venerable jewel : as these now , do consecrate , minister to them no sacrament at all , which is far worse . i shall desire these sacrilegious , novellizing ministers , ( for the most part unacquainted with antiquity ) seriously to ponder , what this imcomparably learned , most judicious , pious , bishop jewel ( in the name and defence of the church of england ) after all his sufferings , and exile for religion , hath written of the holy communion , &c. against mr. harding , in his i reply , article 1. of private masse , where he informs us in positive terms ; 1. * that the holy communion , was so often , & so generally frequented amongst all christians in the primitive church in all their assemblies and congregations , that at length the very company and fellowship of them was called communio , taking name of that action which was most solemnly used among them at their meetings ( which he there proves by sundry instances out of s. aug. k s. hierom , and others ) which l aug. ( like as also m s. hier. and others ) witnesseth , the whole people dayly received together . n hugo cardinalis saith further ; vel aic●tur communio , quia in primitiva ecclesia populus communicabat quolibet die . it is called the communion , for that the people in the primitive church did communicate every day . in the primitive church they in their health received daily , and in their sicknesse o had the sacrament sent home unto them . from whence he thus objects against mr. harding his private masse , and censures , the negligence of the priests in the church of rome , in administring the communion , and in not exciting the people to the frequent reception of it : p mr. harding granteth , that the people in the primitive church received the holy communion every day ( when they looked hourly to be caught , and done to death , in the persecution of paynims , that they departed not hence sine viatico , without their voyage provision ) and so consequently unawars he confesseth , that in the primitive church was no private masse ; which , as he saith , came in afterward by the negligence and undevotion of the people ( in not repairing so frequently to the communion as at first ) it is great pity so good a thing ( as it is supposed ) should have no better beginning . one special principle of these mens doctrine , is , to imbar the people from reading and understanding of the scriptures , & to suffer them to know nothing ; for that , as some of them q have said , they be dogs & swine , and therfore should not precious stones be laid before them : yet now must their negligence be the rule of christs religion . this is laid as the ground and foundation of the whole cause . charity , say they , is cold , and the people carelesse . but therefore hath god appointed pastors and ministers to oversee and controul the people , and not to suffer them to perish in their negligence . were it a matter of tithes , or other payment , the people should be called upon , and not suffered in any wise to be negligent , neither should their negligence stand for excuse ; how much lesse should it be suffered when the case toucheth god ? the bishops and fathers in the second council r holden at bracara in spain , decreed thus . if any man resort unto the church , and hear the scriptures , and for negligence or wantonesse withdraweth himself from the communion of the sacrament , and in the reverend mysteries does break the rule of discipline ; we decree , that such a one be put out of the catholick church , until he have done penance , and shewed the fruits of his repentance , that having obtained pardon , he may be received again to the holy communion . thus the godly fathers in old times did not flatter and favour the peoples negligence in this case , as mr. harding and his fellows doe ; but exhorted , warned , reproved , rebuked them , called them malapert and impudent , that would be present , and not receive , and excommunicated them for their negligence : but these men contrarywise turn away their faces from their brethren , and suppresse their voice , and will not be heard , &c. and find no fault with the people ; but rather make them believe , that they receive for them , and apply christs death unto them by their mass , & that the very hearing thereof is sufficient for them , and meritorious ; and thus , as much as in them lyeth , they increase the negligence of the people , and discourage them from the holy communion . the people is taught nothing , they understand nothing , they see nothing , neither comfort , nor memory of christ , nor benefit of his passion . and this is the cause of their negligence ; therefore they stand thus back , and withdraw themselves : howbeit what needeth mr. harding to charge the people with negligence and undevotion ? the pope himself and his cardinals doe scarcely communicate once in a year ; but are as negligent and as undevout therein as the most part of the people . now let us view the weight of mr. hardings reasons . the people is negligent and undevout , ergo , the priest may say masse alone . this argument is very weak . so might mr harding say , the people will not hear the word of god , ergo , the priest may goe into the pulpit and preach alone . for christs supper ( as ſ st. aug saith : ) is a sermon , and the priest therein preacheth and vitereth the death of the lord , &c. as for the people , they are not so negligent nor undevout as mr. harding here chargeth them ; they are gods people , glad to be instructed , and desirous to follow , and wheresoever the gospel is received , glad to give testimony thereof , & to increase the same , by the holy communion of christs body and blood , in great companies and whole congregations all together . but what ill luck is this , that they whom mr. harding so often condemneth for hereticks , can be so devout , and he and his catholicks thus remain without devotion ? let the people be taught ; let them hear the holy ministration in their own tongue , that they may understand the holy mysteries , and feel comfort and sweetness in the same ; let them see examples of diligence in the clergy , then will they be no longer negligent : then should m. hard . perforce give over his private mass , as seeing the whole right of his cause hangeth only of the negligence , and mis-doing of the people . t the church ( saith mr. harding ) hath charged and ordered , that no man who is worthy and disposed shall be refused . o miserable is that church , whereas no man no not so much as one , is well disposed ! here in few words he condemneth the whole church of rome , even the whole college of cardinals ; amongst whom , as he saith , there is not one well disposed and worthy , and therefore they all withdraw themselves from the communion . but u chrysostom saith , if thou be not worthy to receive the communion , then art thou not worthy to be present at the prayers : therefore mr. harding should drive his unworthy people from the church , and not suffer them to hear his masse . they imagin that any man , be he never so great a sinner , may pray to god , and have free accesse to the throne of majesty : only they think a sinner may not receive the holy communion . but it is written , x let him depart from his wickednesse whosoever calleth upon the name of the lord . whosoever is a member of christ , and may boldly call god his father , may also be bold to receive the communion . if mr. harding wish indeed , that the people would prepare themselves and communicate with the priest , as he pretendeth ; why doth he not provide for them ? doubtless there are many godly men among the people , and oftentimes more virtuously disposed a great deal than the priest . neither is it of their unworthiness that they abstain so often ; nor of their worthiness , that they receive once a yeac , but only of custom . but if the people be slack , yet must the priest doe the daily sacrifice , saith mr. harding : that is , he must offer up christ unto his father for the sinnes of the world . herein appeareth the wanton folly of this people : that they may do , and are commanded to do , they will not do ; but that they cannot do , that they will needs doe , &c. christs death must be kept in remembrance ; ergo , the priest is bound to say daily masse , yea although there be no man to receive with him . alas ! how holdeth this poor argument ? or how may we make it good ? is there no other mean to remember christs death , but only by saying private masse ? or is not every one of the people bound to remember the same as deeply and as often as the priest ? &c. he addes , y the feast ( saith mr. harding ) is common , all are invited : they shall be received that are disposed and proved : if this feast be common , it must needs be common to very few , for the provision is very little to serve many . that all be called in the latin mass , is a great and manifest untruth : for neither the priest nor the deacon , either by word or by gesture calleth them ; nor have they any preparation for them if they were called ; yet are not these men ashamed to say , they shall be received that are disposed and proved . every man ought humbly to prepare and dispose his heart before he presume to hear , or receive any thing that toucheth god : for god is spirit , and we are flesh ; god is in heaven , and we on earth . pythagoras , being but an heathen , was wont to say , we ought not to speak of god without light ; that is , without premeditation and good advisement , who it is of whom we speak . and the pagans in their sacrifices were wont to remember their priests with these words , hoc age : the meaning whereof was , dispose thy mind , it is god unto whom thou speakest . the wise man saith , z before thou pray , prepare thine heart , and be not as a man that tempteth god . likewise in old time , they that were called catechumeni , were warned afore-hand to prepare their hearts , that they might worthily receive baptism ; as it is decreed under the name of clement , a whose words be these : let him prepare himself in all things , that after three moneths ended , upon the holy day , he may be baptized . also b st. augustine exhorteth the catechumeni , likewise to dispose their minds against the time of their baptism : thus ought every man to examine and prepare himself before he hear gods word ; before he presume to open his mouth to pray unto god ; before he receive the sacrament of baptism ; and namely , before he come to the holy communion . and therefore the priest giveth warning unto the people with these words , lift up your hearts : which words , as c st. augustine saith , were commonly used in the holy mysteries . but i think mr. harding here by these words , prepare and dispose , meaneth privy confession , which many have used , as a rack of mens consciences , to the maintenance of their tyranny : d peter lombard saith , without it there is no way to heaven . e innocentius the third commandeth , that whosoever is not confessed , neither be suffered to come into the church being alive , nor to be buried when he is dead . f hugo writeth thus , i am bold to say , whosoever cometh to the communion unconfessed , be he never so repentant and sorry for his sins certainly he receiveth unto his judgement . so violent the late writers have béen in exacting things of their own devices . otherwise the old fathers , notwithstanding they sometimes speak of confession , yet they require it with more modesty , and many of them require no such thing at all . g chrysostom saith , let the court ( where thou yieldest thy self guilty ) be without witnesse : let god alone see thee . and again , if thou be ashamed to shew thy sins to any man , then utter them every day in thy heart . i say not , go , confesse thy sins unto thy fellow servant , that may upbraid thee with them ; but confesse them unto god that is able to cure them . and again , thus he imagineth god to speak unto a sinner , open thy sin privately to me alone , that i may heal thy wound . and theodorus , sometime archbishop of canterburie , saith , h graci & totus oriens confitetur soli deo : the greeks , and all they of the east , confess confess themselves only to god . thus much i thought good to touch hereof , lest it should be thoughs there is none other way for a man to prove and dispose himself , but only by auricular confession . the meaning of these words of st. paul , i let a man examine himself , standeth in two points , in faith and repentance : faith containeth the truth of our belief , repe●tance cencerneth the amendment of our life : which kind of examining endureth all our life long . but to say or think we are all examined and disposed one only day in the year , and that of custom , not of holiness , and not one day before , nor one day after , it is childish , it is super st●tious , it is jewish , it is no pers●asion meet for the people of god . if k chrysostom were alive , he would cry out , o what presumption ! o what a custom is this ! and l st. ambrose would say , if thou be not worthy evry day to receive , then art thou not worthy once in the year . 2ly . he hath these observable passages out of the fathers and school-men concerning the community of the lords supper , ( belonging alike to all the church , people , congregation present , whence it is stiled the communion , and not to the priests , elect , or truly regenerated alone ) and concerning the end , use of the sacraments to unite christians together into one body and christian communion , and prevent all schisms , discords , separations in the church . m christ himself hath already determined the case : for albeit he hath appointed no certain number of communicants , yet hath he by speciall words appointed a number , take ye : eat ye : drink ye all : divide ye among your selves ; n do ye this in my remembrance : ye shall set forth the lords death : these very words , i say , cannot be taken of one single man , but necessarily import a number . st. o hierom saith , dominica coena omnibus debet esse communis ; quia ille omnibus discipulis suis qui aderant , aequaliter tradidit sacramenta . the lords supper must be common to all . and that he proveth by christs example ; because christ gave the sacraments equally to all his disciples that were present . p iustin martyr declaring the order of the church in his time , saith ; of the things that be consecrated every man taketh part : the same things are delivered to the deacons to be carried to them that are away . and q st. ambrose , expounding these words , wa●t one for another , saith thus , that the oblation of many , may be celebrated together , and may be ministred unto all : r clemens alexandrinus saith , as●● 〈…〉 as the manner is , have divided the sacrament ▪ they give every of the people leave to take part of it . ſ st. chrysostom plain●y de●cribeth the very order of the communion that was used in his time , by these words , the spiritual and reverend sacraments are set forth equally to rich and poor , neither doth the rich man enjoy them more and the poor man lesse ; they have all like honor , and like coming to them . the sacraments once laid forth , are not taken in again until all the people have communicate , and taken part of that spiritual meat : but the priests stand still and wait for all , even for the poorest of them all . again t he haith , there are things wherein the priest differeth nothing from the people ; as when we must use the fearful mysterie● : for we are all of one worthinesse to receive the same . u ign●tius saith , one bread was broken for all , and one cup was divided to all . in the x canons of the apostles , it is decreed ; that if any man resort unto the church , and hear the scriptures , and abstain from the communion , he stands excommunicate , as one that troubleth the congregation . the y like decrees are found under the names of cal●xtus anacl●tus martinus , hilarius , and others : by which it is certain , that the whole church received together . this latin word missa , in the time of tertullian , and st. cyprian , signified a dismission , or a license to depart , and was specially applied unto the communion upon this occasion that i must here declare . they that were then named catechumeni , that is to say , novices in the faith , and not yet christened , were suffered to be present at the communion , untill the gospel was ended . then the deacon commanded then forth , pronouncing these words aloud : z catechumeni exeunto : or thus , ite , missa est , goe ye forth , ye have license to depart . of this dismissing or departing forth of the catechumeni and others , the service it self was then called missa . the rest remained still in the church , and received the communion together with the priest . further , the breaking of the bread , which even now is used in the masse it self , signifieth , a distribution of the sacrament unto the people , as a st. augustine saith unto paulinus , ad distribuendam comminuitur , it is broken to the end it may be divided . surely , one b lorichius , a doctor of mr. hardings own side , saith thus , ipsius sacramenti institutio vult , ut omnes una manducemus et bibamus . the very instu●tion of the sacrament willeth , that we all eat and drink together . after which , c bishop iewel adds , it appears by that place of d st. cyprian , the h●ly communion was thought so necessary to all the faithfull , that children and infants were not excluded . and it appeareth by st. hierom , e st. augustine , and other old writers , that they that were baptized , as well children as others , immediately received the holy mysteries in both kinds . f st. hierom speaking of one hilarius , saith thus , non potest baptisma tradere sine eucharistia : he cannot administer baptism without the sacrament of thanksgiving ( therefore all that were admitted to , and though worthy of one sacrament , were freely admitted to , and thought worthy of the other in the primitive times ) g vident haec sacramenta pauperes spiritu , et hoc uno contenti ferculo , omnes hujus mundi delicias aspernantur , & possidentes christum , aliquam hujus mundi possidere supellectilem dedignantur . he further addes in another place , it is h granted of all , without contradiction , that one end of all sacraments is to joyn us to god ; another end is to joyn us all together . and so likewise writeth s. paul , i all we are baptized into one body . and therefore saith k st. augustine , in nullum nomen religionis coagulari , &c. men cannot be brought into any name of religion , be it true or false , unless they be joyned together with some bend of visible signes or sacraments . and as touching the later of these two ends , the same l dionysius ( areopagita ) writeth thus , that holy , common and peaceable distribution of one and the same bread , and common cup , preacheth ( or prescribeth ) unto them a heavenly unity , as being men fed together . and pachymeres the greek paraphrast , expounding the same place , hath these words ; for that common diet and consent bringeth us into the remembrance of the lords supper . st. cyprian ( ad magnum ) saith , with what love and concord all faithfull christians are joyned together , the lords sacrifice doth declare . these words do sufficiently declare both the common receiving of the sacrament , and also the knitting and joyning of many together . without all question the effect that dionysius meant standeth in this ; that the people prayeth and receiveth the holy communion together , and thereby doth openly testifie , that they be all one in christ jesus , and all one amongst themselves . and therefore m chrys●stom saith , for that cause in the mysteries we embrace one another , that being many , we may become one . but n st. cyprian saith , the whole church is but one house , in which the lamb is eaten . the communion or fellowship of the church standeth in sundry respects ; for we communicate together , either in consent of mind , as it is written of the apostles , o they had all one heart and one mind : or in knowledge of god , as christ prayeth for his apostles unto his father , p that they may be one , as thou and i be one . and st. paul to the philippians , q i thank my god alway , that ye are come to the communion of the gospel . or in one christ , as paul saith ; r there is now no bondman , there is now no freeman , but all are one in jesus christ . to be short , we communicate in spirit , in prayers , in love ; we are all washed with one bloud ; we are all fed with one body ; we have all one hope of our vocation ; and all together with one heart and one voice , be we never so far asunder , do glorifie god the father of our lord jesus christ . and this is that only house where●n the lamb is eaten , grounded upon the foundation of the apostles and prophets . in this house we dwell , here we wa●● together with consent : here we eat the lamb of god , being all brothers and members of one body , and all one in christ jesus . god restore you ( mr. harding ) once again into the same house , that you may open the eyes of ●our heart , and see from whence you are fallen . ſ cyrillus saith , they that receive the mystical benediction are one body with christ , and also between themselves . whereunto agree these words of t st. hierome , spoken in the behalf of christ , blesse thine inheritance which thouhast gathered together in thy church , by the mysterie of my body and bloud . and u anselmus a man of later years , we break and divide the bread into many parts , to declare the unitie of the love of them that receive it . here note , this description of unitie standeth in receiving the sacrament , and not only in the communion . the whole church of god is but one house , and all the members of the same doe communicate together in faith and spirit . hereof we may form the major . every particular church ought to be a resemblance of the whole church ; and this particular communion ought to be a resemblance of that general communion . that general communion is common to all , and every member receiveth his part . ergo , the particular communion ought to be ministred commonly unto all , and every member to receive his part . or thus , the ministration of the holy communion representeth the conjunction and fellowship that we have in faith ; and as x st. cyprian saith , that christian men are joyned together in unseparable charity , the lords sacraments do declare . but christian people being assembled in one church , do communicate in faith all together : ergo , being so assembled , they ought to communicate in sacraments all together . but mr. harding of the nature of this word communio , seemeth to fashion out * far other arguments . it is called communio , saith he : ergo , it may be private . it is called communio : ergo , it may be received of one alone . it is called communio : ergo , the priest may receive it without communicants . mr. harding , weigh your argnments better , before you send them thus abroad ; you shall lesse offend god and your own conscience ; you shall lesse deceive your brethren , and children shall take lesse occasion to wonder at you . y now to adde a little more hereunto touching the nature of this word communio , wherein you so uncourteously charge all others with ignorance and lack of learning , as it pleaseth you to do throughout your whole book , i think it not amisse to shew you , what certain writers , both old and new , have thought and written in that behalf . i need not here to allege the words that st. paul useth touching the holy communion , z we are all one bread , all one body , as many as do communicate of one bread . neither that a saint hierom saith , the lords supper must be common . neither that b st. chrysostom , the thing that is the lords they make private : but the lords things are not this servants , or that servants , but common to all . neither that c st. augustine saith , he would have us to understand , that this meat and drink is the fellowship of his body and of his members . neither that d chrysostom saith , what shall i call the communication or communion ? we are all one self-same body . what signifyeth the bread ? the body of christ : and what are they made that receive it ? the body of christ . although these fathers by these words do manifestly declare , that the holy mysteries in their time were divided commonly to the whole people : yet will i take no advantage thereof , for that mr. harding will reply , they come not precisely to the nature of this word communio . therefore i shall note one or two others , and such as mr. harding cannot deny , for that they speak directly to the matter . e pachymeres a greek writer , the paraphrast upon dionysius , hath these words ; therefore ( saith he ) hath this father dionysius called it the communion , for that there all they that were worthy , did communicate of the holy mysteries : ( and all then were reputed worthy , and received daily in the primitive church , but persons excommunicate and injoyned to penance ; who upon great and notorious crimes could not be suffered to communicate with the rest of the faithfull , sometimes during their whole life , but only when they should depart the world . this extremity was used for terror of others , and such reconciliation was thought necessary at the end , for solace of the party , that he should not utterly be swallowed up in despair , but might perceive he was received again amongst the faithfull ( by sending the communion to him at his death ) and so depart comfortably as the member of christ , as * bishop jewel writes and proves in the next page . ) f haymo writing upon saint pauls epistles , saith thus , the cup is called communication , which is as much as participation , because all do communicate of it . g hugo cardinalis , saith thus , afterwards let the communion be said , which is so called , that we should all communicate . h gerardus lorichius , dicitur communio , quia concorditer de uno pane , et uno calice multi participamus , &c. is is called communio , because we ( being many ) do communicate together agreeably of one bread & one cup . and this word communio , is as much as participation , or receiving of parts . i micrologus , non potest proprie dici communio , nisi plures de eodem sacrificio participent . it cannot justly be called a communion , unlesse many do receive of one sacrifice . if mr. harding will not believe us , yet i hope he will believe some of these . they be all his own . it were much for him to say , they be all ignorant and unlearned , and not one of them understood what he wrote . certainly their age will give it them , they are no lutherans . 3ly . k whereas mr. harding in defence of private masse puts this case : what if 4. or 5. of sundry houses , in a sickness time , being at the point of death , require to have their rites cre they depart ; the priest after that he hath received the sacrament in the church , dineth , and then being called upon , carrieth the rest a mile or two unto the sick ; he doth what he is required : doth he not in this case communicate with them ? &c. else if this might not be counted a lawful and good communion , and therefore not be used , one of these great inconveniences should willingly be committed ; that either they should be denied that necessary victual of life at their departure hence ; which were a cruel injury , and a thing contrary to the examples and godly ordinances of the primitive church : or the priest , rather for companies sake , than of devotion , should receive that holy meat after he had served his stomack with common meats , &c. bishop jewel amongst other solid answers hereunto , returns this . but if the people would now communicate every day , as they did then ( in the primitive church ) or at least oftner than they do now , then should not this matter seem so necessary at the end , as is here pretended : and so had mr. harding lost another argument . to these 3. passages of bishop iewel , i shall annex that of his learned coetanean , and fellow exile for religion , thomas beacon , ( a burning and a shining light ) in his catechism , vol. 1. of his works , f. 462 , 463. where after he hath proved by sundry scriptures and authorities , that the lords supper in the apostles times , primitive church , was commonly received every day , or lords day at the least . adding , that among the greeks , even at this day , if any man absent himself from the lords table by the space of 14. dayes ( except he can render a reasonable cause of his absence ) he is excommunicate , and put from the company of the faithfull : and that in all those mighty , large , populous kingdoms , under that most puissant king , precious john , the holy communion of the body and bloud of the lord , hath from the beginning been daily administred unto the people , and yet is at this present day , as histories make mention . he then censures this as a grosse popish innovation and abuse ( contrary both to scripture , and antiquity ) that whereas the lord christ iesus would have the holy communion of his blessed body and precious blood to be oft times received of the faithfull , for a remembrance of his death and passion , and for the worthy , earnest , diligent consideration of that inestimable benefit which we have obtained of god the father , through the son his passion and death : the custom of the popes church is , that the people receive the sacrament usually but once a year , that is to say , at easter . by which ●eans , the commandement of christ is broken , the sacrament neglected , the death of christ not so earnestly remembred ; the people become unthankfull , dissolution of life breaketh in , vice increaseth , virtue decreaseth . from these ( with sundry other like ) passages of bishop iewel , and thomas beacon , ( incomparably eminent both for their learning and piety ) it is irrefragable , 1. that in the apostles days ( as some from acts 2. 46 , 47. c. 20. 7. 11. 1 cor. 10. 16 , 17 , 21. c. 11. 17. to 34. resolve ) and in the l primitive church for many hundreds of years next after the apostles , and among the greeks and christians under precious iohn at this day , all christians and visible members of the church , of years of discretion to examine themselves , constantly received the communion all together every day , or lords day at the least , when ever they met to pray , hear the word , or perform any other publike duties of religious worship unto god ; and that out of meer duty , piety , devotion , zeal and love to christ . m bishop iewel , in his defence of the apology of the church of england , proves this more fully by the confession and testimonies of sundry popish authors . thomas aquine saith , in primitiva ecclesia , quando magna vigebat devotio fidei christianae , statutum suit , ut fideles quotidie communicarent . in the primitive church , when great devotion of the christian faith was in strength , it was ordained , that the faithfull should receive the communion every day . n durandus saith , in the primitive church , all the faithfull daily received the communion . o hugo cardinalis saith , in the primitive church all , as many as were present at the canon of the masse , did daily communicate : and if they would not , they departed out of the offertory . if ye think these authorities are not sufficient , p iohannes cochlaeus saith , omnes olim , &c. in old time both all the priests , and all the say people received the communion with the minister that had made the oblation , as is plainly perceived by the canons of the apostles , and by the books of the antient doctors of the church , &c. likewise saith q iodocus clichthovius , in primitiva ecclesia , &c. in the primitive church the faithful received the communion every day . likewise it is noted in the margin upon the apostles canons . omnes olim , qui intererant , communicabant . in old time , all that were present , did communicate . in the council of antioch , can. 2. & concil. aquisgran , cap 70. omnes , &c. all that come into the church of god , and hear the holy scriptures , and refuse the receiving of the lords sacrament , let them be put from the church . these decrees reach not only to the ministers of the church , but to the whole people . r st. ambrose saith , munus obla●um totius populi fit , &c. the oblation offered is made the whole peoples ; for that in me bread all are signified ; for in that we are all one , we must all receive of one bread . in imitation hereof , the protestant churches in forein parts did frequently receive the lords supper all together , witness the ſ former confession of helvetia , artic. 22. of the lords supper : we do therefore use the holy meat oftentimes ; because that being admonished hereby , we do by the eys of faith , behold the death and bloud of christ crucified , and meditating upon our salvation , not without a tast of heavenly life , and a true sense of life eternal , we are refreshed with this spiritual , lively , and inward food , with an unspeakable sweetnesse , and we do rejoyce with a joy that cannot be expressed with words for that life which we have found , and we do wholly and with all our strength pour out our thankssgivings for so wonderfull a benefit of christ bestowed upon us . and this t confession of sweveland , of their practise : our men do often times , with as great reverence as they may , receive the sacrament , to be the lively food of their souls , and to stir up in them a gratefull remembrance of so great a benefit . the which thing also useth now to be done among us much more often and reverently , than heretofore was used : ( to wit , in times of popery : ) with the u confession of auspurg , in these words , therefore the masse , ( to wit , the celebration of the lords supper ) must be used to this end , that there the sacrament may be reached unto them that have need of comfort . as ambrose saith , because i do alwayes sin therefore i ought alwayes to receive a medicin . and seeing the masse is such a communion of the sacrament , we do observe one common masse every holy-day , and on other dayes , if any will use the sacrament , when it is offered to them , which desired it . neither is this custom newly brought into the church . with what * hearts of adamant , browes of brasse , searedness ( not tenderness ) of conscience then , can or dare any protestant ministers , parsons or vicars now , who have cure of souls , obstinately deny , peremptorily refuse to deliver the lords supper to themselves , or any , or all of their parishioners and church members , when they earnestly desire it at their hands , not only for sundry dayes , weeks , months , but years together ? and that under a new monstrous x pretext of extraordinary zeal , piety , devotion , sanctity , tendernesse of conscience , transcendent love to christ , his sacraments , their own and their peoples souls ? or with what colour will such pastors be able to justifie or excuse themselves before any tribunals of god or men , when legally accused , convicted for this notorious detestable sacrilege , and apostacy from the custom of the primitive and protestant churches , if they presently repent not of it with confusion of face , and redemption of their former wilfull neglect herein , by constant , frequent , publike communions henceforth delivered to all their people in common , without future seclusions of any unexcommunicate persons from it , who unfeignedly desire it . 2. that the apostles , primitive christians , fathers , authors , with these two most judicious divines , believed , asserted , both by their preaching , writing , practise , y that the sacrament belonged to , and ought to be administred to every visible christian and church-member alike , to all the whole congregation in common ; and that none ought to be secluded , suspended from it , but persons actually z excommunicated from church-communion , and all other publike ordinances , for notorious , scandalous offences : that upon this ground , and its frequent common reception by all , it was stiled , the communion , both by the fathers , primitive , and modern christian church-writers of all sorts . this is the express doctrine of the whole church of england , confirmed by a parliament , and subscribed , assented to by all true ministers , pastors of the church of england , admitted to any pastoral charge , article 30. the cup of the lord is not to be denyed to the lay-people ; for both the parts of the lords sacrament by christs ordinance and commandment , ought to be ministred to all christian men alike . a universal affirmative , admitting all unto , and sequestring no ( unexcommunicated ) christian from both or either parts of the lords supper . which the confession of the protestant churches in saxony , thus back b article 22. of the sacraments . the church also is discerned from other gentiles by certain signs and ceremonies instituted of god , and usually called sacraments , as are baptism , and the lords supper . which notwithstanding are not only signs of a profession , but much more ( as the antient fathers said ) signs of grace ; that is they be ceremonies added to the promise of the gospel touching grace , that is , touching the free remission of sins , and touching reconciliation , and the whole benefit of our redemption ; the which are so instituted , that every man may use them ; because they be pledges and testimonies which declare , that the benefits promised in the gospel , do appertain to every one . for the voice of the gospel is general : this use doth bear witness , that this voice doth appertain to every one which useth the sacraments . what other protestant churches , confessions affirm to this purpose , you may read at large in the harmony of their confessions , sect. 10 , 11 , 12 , 13 , 14 , 15. with what colour of piety , iustice , equity , conscience , zeal , prudence , christianity , charity then , dare any of our independent , presbyterian , or other ministers seclude , debar , not only pretended ignorant , scandalous , unregenerate , visible church-members , nor actually or legally excommunicated , but even true regenerate godly christians , and their whole churches , parishes , ( if not some whole towns , cities ) from this holy supper and communion , from month to month , yea year to year , upon false pretences , that it belongs not to them ; that they shall prophane the sacrament ; cast pearls before swine ; give holy things to dogs ; damn , poyson their own and their peoples souls , if they give the bread , cup of the lord unto them ; and make visible and real saint ship , fitness , worthinesse , the sole rule , ground of right , interest in , and admission to this sacrament ; against the professed doctrine , practice of all former ages , churches . and all in truth to erect a more than arbitrary ecclesiastical papal tribunal over christs own sacraments , and their parishioners consciences , persons , to admit to , or seclude all and every of them from the lords supper at their pleasures , upon their own terms and times alone ; the sole true round of this impious , sacrilegious , unchristian , antichristian innovation ; for it deserves no better epithites . 3ly . that the apostles , primitive church , christians , fathers freely and usually admitted all visible christians whatsoever to the communion of the lords supper , of discretion to examine themselves , whom they freely admitted to baptism , prayer , hearing of the word , or any other publike ordinances of gods worship : b enjoyning them all under pain of excommunication , when ever they heard the word , or met together in publike , to receive the lords supper likewise in common together , and excommunicating such who communicated not in this sort , as men working the trouble and disorder of the church . that they required , exacted no other , no greater , no solemner self-examination , preparation , fitness , visible worthiness , or real graces in the , when they came to receive the lords supper , but the very same they demanded , expected from them , when ever they came to be baptized , pray , hear , read the word , or converse with god in any other sacred ordinances of his worship , god himself requiring the like examination , qualification , preparation , fitnesse in all other holy duties and approaches to him in his word , as in this duty , as is evident by eccles. 5. 1 , 2. lam. 3. 40 , 41. psal. 26. 6. isay 1. 16 , 17 , 18. 1. 15 , 16. 2 chron. 30. 17 , 18 , 19 , 20. exod. 12. 48. 2 cor. 13. 5. jam. 1. 5 , 6 , 7 , 21. mat. 22. 12. 1 pet. 2. 1 , 2. hebr. 12. 1. 1 tim. 2. 8. heb. 4. 2. 2 pet. 1. 5. to 19. luke 8. 18. mar. 4. 24. rom. 14. 23. and other texts , compared with 1 cor. 11. 28 , 29. and christs c sodain institution and celebration of this sacrament at his last supper , without giving any previous notice of it to his disciples to prepare themselves for its worthy reception , their former preparation , fitnesse to eat the paschal supper , and hear christs heavenly instructions given them , iohn 13. 14 , 15 , 16 , 17. being deemed by christ himself a sufficient preparative to communicate with him at his table . upon what true ground of conscience , piety , justice , reason or religion then , can any ministers now seclude all or any of their baptized parishioners of sufficient capacity to examine themselves , whom they freely , constantly admit to communicate with them in baptism , prayer , preaching , singing psalms , hearing , reading gods word , and other ordinary or extraordinary publike duties of gods worship , from the communion of the lords supper only ? or deem them unprepared , unqualified , unworthy to communicate in this ordinance alone ; when as they deem them sufficiently qualified , prepared , worthy to converse with god , and the most regenerated saints in all or any other publike ordinances but this ? or by what divine warrant from gods own word , our saviours , his apostles , the primitive fathers , christians , the * protestant churches , or b●shop jewels doctrine or practice , can they now over-rigidly exact●a more transcendent , serious , diligent , special examination , preparation , qualification , worthinesse , fitnesse , holinesse in their people when they resort to the communion of the lords supper , than when they come to hear , read the word , fast , pray , receive the sacrament of baptism , give thanks , or sing praises unto god ; or else seclude , or deem them for unworthy receivers , who can eat or drink nothing but their own damnation ? yea , with what conscience , reason , justice , can any communicants neglect , refuse , delay to receive the lords supper , upon this pretext alone , that they are wholly unworthy , unfit , unprepared only for this duty , when publikely administred in the churches whereof they are members , and they there present at all or any other sacred publike ordinances , in which they then repute themselves not unfit , unworthy , unqualified , unprepared to converse with god , and communicate with other christians , but in this duty alone ? doubtlesse the serious consideration of bishop jewels , st. ambrose , and st. augustines words forecited , touching due preparation to all holy duties , with that of chrysostom , if thon be not worthy to receive the communion , then thou art not worthy to be present at prayers : and of the primitive christians daily communicating , as well as hearing and praying , will rectifie this common received error both in ministers and people , now made the principal plea in barre , excuse , justification , by the one magisterially to sequester , repell their parishioners from the lords table , and by the people voluntarily to withdraw , debar themselves from it , against christs own precept and their bounden duties , to the prejudice , if not peril of their souls . which i write not , to make any carelesse or neglectful of due preparation when they repair to the lords table ; but to stirr all up to a like conscientious , holy preparation in all their publike or private approaches to god in other duties ; to rectifie this common , superstitious , epidemical errour , that most think they are unworthy , unprepared for the lords supper only , even then when they deem themselves not so for all or any other sacred publike duties ; and thereupon approach not to it when it invited , or so frequently as they ought ; and that henceforth none may deem themselves only worthy to receive the lords supper once or twice a year , but unworthy at all other seasons , they being not worthy to receive it once a year , if they be not worthy every day , according to st. ambrose doctrine ; who writeth thus of the custom of the latine church in his time ( as d bishop jewel records his words ) e every week we must celebrate the oblation , although not every day unto strangers , yet for the inhabitants ; yea sometimes twice in the week ; who then as frequently received the communion , as they heard the word , or prayed , and deemed the self-same preparation sufficient for all three ordinances then conjoyned , as unseparable in point of usual practice . the reason why christ instituted the sacrament of this supper in the most common daily elements of bread and wine , was , that so they might be commonly and frequently received by all at his table for the spiritual nourishment of their souls , as well as daily and frequently received for the nutriment of their bodies at their private tables . 4ly . that christ himself , his apostles , the primitive fathers , christians , with all others who thus pressed , practised the daily administring and receiving of the lords supper , reputed it a converting , as well as confirming ordinance , f begetting , quickning grace in unregenerate , as well as confirming , inoreasing grace in regenerate christians , as the word read and preached doth . this g st. augustines forecited words ( for christs supper is a sermon , and the priest therein preacheth and uttereth the death of the lord ) with sundry others , who stile it a visible word , a means of quickning and begetting grace , &c. sufficiently manifest , and i have h elsewhere proved at large . how dare then any novellers , ( ministers or others ) deny it to any unconverted , unregenerated christians , as a meer deadly poyson only to them ; being the most probable , effectual lively means of their humiliation , compunction , regeneration , conversion unto god , prescribed as the chiefest balsom , cordial to heal their wounded , sin-sick souls , and support their despairing , languishing spirits ? or how dare any such souls , spirits , christians ( though laden , heavy laden with the greatest crimes ) abstain from this most soveraign medicin to effect and perfect their spiritual cure , upon pretence of their own unfitness , unworthiness , unpreparedness , when as the more dangerous , more desperate , mortal their wounds & maladies are , the more & more speedily they need , the fitter they are for this spiritual basilicon , this heavenly electuary , which they i then most deferre , neglect , when they need it most , and would first be healed , cured by some other means before they resort to this most precious healing physick , which most effectually applies christs passion , bloud , merits to their despairing dying souls , of all other ordinances whatsoever ? if all , in desperate , corporal wounds , diseases , resort presently to the most effectual healing medicaments , why not then in spiritual likewise ; but be enjoyned , perswaded , enforced under pain of damnation to defer and forbear them ? 5ly . that it k was the constant practice , duty of the primitive fathers , bishops , pastors , and of the protestant churches ministers in the beginning of reformation to invite , excite and stirre up all their people , when backward , negligent , undevout , to the frequent constant rec●ption of the lords supper ; reputing all such who neglected this duty , to be malapert , impudent , unworthy of christian communion , and rebuking , censuring , excommunicating them as such , till they repented of this sinne , as the premises largely manifest ; together with that pathetical exhortation in our book of common prayer , prescribed by the whole church , parliament of england to be used by all ministers , * and read in churches , when they shall see the people negligent to come to the holy communion ; which i shall desire all our ministers , and negligent communicants oft to read , ponder at their leisures , for their better information and conviction . with what consciences , reason , equity , piety then , can any who professe themselves the only true faithful orthodox ministers of jesus christ , ( yea the holiest and devoutest zealots of all others ) now make it their chiefest busines , their greatest glory , praise , the argument of their ferventest zeal and devotion by preaching , writing , disputing , not to exhort provoke , encourage , invite , compel their people to , but to dehort , deter , s●quester , debar their parishioners & others from the lords table , and their holy communion with christ and one another in this ordinance , for whole moneths , yea years together ; l advising them to abstain , fly from it , as a most certain deadly poison & damnation to their souls ; and instead of discharging their pastoral duties in excommunicating all such who prophanely neglect to repair to it , seclude , excommunicate themselves , and all their parishioners from it ( though they earnestly importune them to be admitted to it ) month after month , year after year , against all lawes of god and man ; and by most absurd , unchristian , unreasonable whimsical conceits , and pervertions of scriptures , endeavour to justifie in presse and pulpit this their most sacrilegious , unchristian , impious , papal , antichristian practi●e before all the world ; m censuring all others as professed enemies to reformation , christs covenant and kingdom , prophane , licentious libertius , erastian hereticks ; men of loose principles , void of piety , devotion , holinesse , &c. who either concurre not with , or publikely oppose them in these their irreligious innovations , and tyrannous usurpations , diametrically contrary to the doctrine , practice of all former christian bishops , pastors , ministers , churches , from the apostles dayes till this day . the lord now convince , rebuke , humble them for these their scandalous practices , publications , and reclame them for the future , for their poor oppressed peoples spiritual welfare , and our churches future peace and settlement in these distracted times . 6ly . bishop jewel , and thomas beacon , in their forecited passages , charge these particulars on the church and clergy of rome , as antichristian papal practices , innovations , errors , crimes , contrary to the institution , doctrine , practice of christ , his apostles , the primitive church , fathers , christians , and of all reformed protestant churches , ministers ; in which most of our anabaptistical and independent ministers , yea many presbyterians now imitate , equal , and farre exceed them . 1. that the custom of the popes church and popish clergy is , usually to administer the lords supper to the people , but once or twice a year , by which means the commandement of christ is broken , the sacrament of christ neglected , the death of christ not so earnestly remembred , the people become unthankefull , dissolute in life , vice increaseth , virtue decreaseth . but how many ministers now amongst us , not only neglect , but peremptorily refuse to administer the sacrament to their parishioners & people , so oft as once or twice every year at certain times ; but not so much as once in two , three , or four yeares space , or more , together ? whereby all the forementioned sins and evils are more multiplied amongst us of late years , than formerly in times of poperie : herein therefore they are more inexcusable and blame-worthy than the papists , whom they exceed in this exorbitancy . 2ly , that the pope and popish priests made the peoples negligence and undevotion in not resorting daily and frequently to the lords supper , the rule of christs religion , and ground-work of their private masses . and instead of controuling , rebuking the people for not repairing constantly and daily to this sacrament , they suffered them to persevere and perish in this their negligence ; yea increased their negligence , and discouraged them from the holy communion : whereas , were it a matter of tithes or other payments , they should be called upon , and not suffered in any wise to be negligent , neither should their negligence stand for excuse . and do not our anabaptistical , independent ministers , crept into many parish churches , and some presbyterians likewise , make the peoples negligence , ignorance , unpreparednesse , undevotion , the very ground-work of their casting off and discontinuing all publike communions in their churches , there formerly celebrated every month , or quarterly at least , and to set up private communions in their conventicles and private meetings to some few selected proselites like so many private masses ; yea , instead of exciting their parishioners to the frequent constant receiving the lords supper , and reprehending them for their undevotion , backwardnesse in resorting to it , do they not foster , incourage them in their non-approaches thereunto ; nay use all possible strained arguments to disswade , deter , debar them from the least accesse unto it ; though strict and diligent in calling on them for their own tithes , dues , wherein no negligence or plea must be admitted ? o then do they not fully imitate , equal , yea exceed the popes and popish priests herein , ( who force all to communicate once a year at least , under pain of excommunication ) under pretext of avoiding popery and prophanenesse ? the lord set this home upon their spirits , that they may reform it without delay . 3ly , that the popes and popish priests debarred the people from reading the scriptures , &c. upon this ground , that they be dogs and swine , and therefore should not such precious stones be laid before them . and do not many of our minsters , upon this very ground debar all their people from the lords supper , and justifie it in a print and pulpit , from mat. 7. 6. give not that which is holy to dogs , nor cast ye your pearls before swine , lest they trample them under their feet , and rent you ? which was certainly never intended of the sacrament of the lords supper ( not then instituted ) nor of such who earnestly desire frequently to receive this pearl , this holy thing , and are ready to rent their ministers for not delivering it unto them , whereas they would highly love , honour them , did they constantly give it to them , as they ought by christs injunction , and the primitive fathers practice ; but rather of heavenly admonitions , reprehensions , instructions given to excommunicated , obstinate sinners , who would be more exasperated than reformed by them , as i have b elsewhere proved at large , and c others very lately . and are they not then direct popes , papists herein , fighting with their arguments against their own people , and christs own sacred communion ? and here let me inform these censorious ministers , who term and deem all those baptized christians , whom they judge unregenerate , doggs , and swine ; that these are no scripture , gospel or christian terms , or epethites becomming their lips or pens , but meer anti-scripture , ungospel , unchristian reproaches , revilings unbecoming their ministerial function , and profession of christianity , diametrically contrary to gods , christs , the holy ghosts , the prophets and apostles language in holy writ : which in the old testament stiled all the circumcised israelites , and seed of abraham , joyned unto him by external federal covenant and profession , though for the most part really void of saving grace , and inward spirituall holines● , d holy men : a kingdom of priests , and an holy nation , a peculiar people : an holy people unto the lord thy god , a chosen special people unto himself above all the nations which are upon the face of the earth ; the holy seed : the holy people , the redeemed ones , e gods people , the lords people , the lords portion and inheritance : his own people , the sheep of his pasture ; the people of the lord of hosts ; and that not only when they kept themselves pure frō idolatry , false worship , & other wickednes , but even when they were polluted with idolatry , false worship , all manner of pollutions , impieties , & plagued by god , punished and carried away captive for their sins , as the marginal texts , with sundry others testify . so all their priests , levites , cities , ( especially jerusalem ) are stiled holy , most holy to the lord , the holy court , though many of them were polluted , prophaned , defiled with all kind of wickedness and idolatry , exod. 30. 29. levit. 11. 44. c. 21. 6 , 7 , 8. isa. 52. 1. c. 64. 10. c. 1. 21. neh. 11. 1. 18. dan. 9. 24. mat. 4. 5. and other scriptures . thus all the converted jews and gentiles under the gospel , externally professing , embracing the faith of christ , and baptized into christ , are stiled gods people , my people , by god himself in the old testament ; ps. 110. 3. hos. 2. 23. zech. 13. 9. and likewise in the new , rom. 9. 25. holy , holy brethren , saints , saints by calling ; a holy generation , a royal priesthood , a peculiar people ; 1 cor. 7. 14. 1 thes. 5. 27. hebr. 3. 1. 1 pet. 2. 5. 9. rom. 1. 2. 1 cor. 1. 2. 2 cor. 1. 1. c. 13. 13. eph 1. 1. 15. c. 6. 18. col. 1. 2. 26. philem. 5. yea they are said to be in christ as branches in the vine , iohn 15. 1. to 9. sanctified with the bloud of the covenant , heb. 10. 29. to be redeemed by christ , 2 pet. 2. 1. yea reputed members of the visible churches of god , and of the saints , though the major part of them be not really sanctified , & defiled with manifold sins , 1 cor. 1. 2. c. 14. 17. to 34. c. 14. 23. 33. acts 20. 28 , 29 , 30. 1 thess. 1. 1. c. 5. 14. 2 thess. 1. 1. c. 3. 6. to 16. rev. 2. 4 , 5. 14 , 15. 20. c. 3. 1. &c. 4. 14 , 15 , 16. compared together , to omit many other like texts . and such as these , even when they fall into scandalous sinnes , are to be restored with the spirit of meeknesse , and to be admonished as christian brethren , and not reputed enemies , dogs , or swine , gal. 6. 1 , 2. 2 thess. 3. 6. to 16. being still our brethren in christ , till either actually apostatized from the profession of christ , or actually cast out of the church by excommunication for grosse scandalous crimes , as the new testament ever stiles them . let them therefore henceforth beware how they stile any christians , who frequent the publick ordinances , and professe the faith of christ externally as well as themselves , dogs or swine , or use them as such by secluding them from the sacrament , though they joyn with them in all other sacred ordinances , as their christian brethren , and fellow members of the church of christ . 4ly . that the pope himself and his cardinals doe scarcely communicate once in a year , but are as negligent and as undevout therein as the most part of the people , and are not many of our ministers now more negligent and undevout herein , than the pope himself and his cardinals , or most part of the popish people under them ? in that they do scarcely communicate not only once in a year , but scarce in many years together in publike in their churches ? and that not out of bare negligence , as they , which is bad ; but out of mee● design , to deba●re all their people from the lords supper likewise , lest they should participate with them at the lords table , which is far more impious , detestable both to god and man . 5ly , that the pope and popish priests think that any man , be he never so great a sinner may pray to god , and resort to other ordinances ; only they think a sinner may not receive the holy communion . and is not this the very doctrine , opinion , thought of many of our ministers now , who deny , debar their people the lords supper , and yet admit them freely to all other ordinances of prayer , preaching , & c ? yet this must be no popery , forsooth , in them , but new evangelical light sent down from heaven of late into their hearts . 6ly , that mr. harding and the popish priests , write , professe , that the feast of the lords supper is common , all are invited , but they only received to it those who are disposed and proved ; that is , after they have been examined by , and made an auricular confession to their priests , and been adjudged by them worthy to communicate . but yet many of our parish priests and ministers now , are far worse than these popish priests herein : for many of them f deny this feast to be common ; but peculiar only to the true regenerate saints : they invite not all unto it , but such alone who have saving faith and grace within them ; yea , they invite not such of their parishioners to this feast for whole years together ; but deny them their portion in this heavenly banquet , for fear some unregenerate ones should thereby intrude into this feast together with them . neither will others of them admit any to this feast , unlesse they , on their now presbyteries g first examine them touching their lives , faith , knowledge , graces , visible worthiness , and adjudge them upon trial to be well disposed and provided to eat of this heavenly feast ; for which they have neither precept nor president in scripture , but only from these popish priests , whose language , practice they imitate . and such as will not subject themselves to this their tyranny ( as bishop jewel terms it ) must no wayes be admitted , but secluded from christs table by these servants , though their lord himself invites , commands them to resort thereto . yea ( which is a strain beyond all popish tyranny of this kind : ) some ministers have refused to try or examin those parishioners who have freely offered to put themselves upon their strictest inquisition and scrutiny , or administer the sacrament to them , or to those they every way thought fit , worthy to receive it , peremptorily denying it to them moneths after moneths , and year after year , ( though importuned by all christian means to administer it ) upon this most unrighteous , untheological , unchristian ground , that if they should admit them to the sacrament , which was of right due unto them , then others of their unregenerate parishioners would croud in amongst them , and claim it likewise as their due . thus the children must be kept from this their daily , monthly sacred bread , because the dogs ( as they prophanely term all other christians at large ) should h not so much as gather up any of the crumbs that fall from the lords table . yea , most of our anabaptistical , and independent ministers , who have got into our parochial cures , of purpose to enjoy the glebes , tithes , ( though they disavow parochial congregations as unevangelical , and antichristian , which then in conscience they should not accept , for filthy lucres sake alone , and willingly resign to others ) are so transcendently peccant and super-tyrannical herein , that they will upon no terms or intreaties whatsoever administer the lords supper to the best , the holiest saints of god , whose graces they cannot but approve ( nor yet baptize their infants for the most part ) unlesse they will first new-mould themselves into their anabaptistical societies , or independent church-models , the neglect or refusal whereof alone , ( i know not by what warrant from christ or his apostles ) they make a sufficient ground for ever to debarr them from this sacrament , though never so worthy , so prepared otherwise , to receive it . * hear , o heavens ! hearken , o earth , and blush , tremble at these monstrous sacrilegious impieties , these super-transcendent papal tyrannies , and worse than antichristian exorbitances , which have rendred many who professe themselves the eminentest protesta●t ministers , and saints of the highest classis , more injurious , undevout , unrighteous , uncharitable , and tyrannical herein , than popes ( * in illis quae v●l● , est ei proratione voluntas , and that there is no other reason to be yielded of his doings , but only this , qu●a ipse voluit , being now verified of them , as well as formerly of the pope ) or popish shavelings . the serious consideration whereof should make them execrate these their popish exorbitances , and repent in dust and ashes for the● . 7ly , that popish priests from the name and nature of the communion argue thus point-blank against both . it is called communio : ergo , it must be private : ergo , it may be received of one alone , &c. and do not many of our ministers now argue thus , or more absurdly than they ? it is called communio , because formerly received by all christian congregations together in common : ergo , it may , it must now be wifully discontinued and laid aside for sundry years together : ergo , none but saints and segregated conventicles must receive it together in private ; ergo , none that are not of our private church-way or congregation must receive it from or with us : ergo , neither the parish priests , nor any whole parochial congregations may or ought of right to receive it all together in the publick church now , as they did heretofore . 8ly , that the popish priests ( though they administer this sacrament but commonly once a year to the people ) yet d●●m it a cru●● injury , a thing contrary to the examples and godly ordinances of the pr●mitive church , to deny the lord● supper to private persons on their death or sick beds who desire it . and therefore would rather deliver it alone to the sick person , without the priests communicating with him , contrary to the nature and institution of the communion , than suffer the party to die in discomfort , and be swallowed up in despair without it . but many of our ministers are now so cruel , and hard-hearted to their parishioners , that they will upon no terms or intreaties , daily frequently , or yet at all deliver the communion publikely to them in the church in their healths , that so they might not stand so much in need of it in their sickness , as i bishop jewel adviseth ( to prevent this popish mischief ) and the primitive christians , fathers practised : neither will they administer or send it privately to them at their deaths , as the primitive fathers did , even to excommunicate persons on their death-beds , to comfort their hearts , strengthen their faiths , and keep their souls from sinking in despair . in this therefore they are more uncharitable , injurious , tyrannical , than the very rigidest popish priests and popes unto their people . 9ly , that k the popes and popish priests having discontinued the daily communion of the lords supper with the people , have instead thereof set up private masses , wherein the people stand by only as ga●ers , and spectators onely of the priests eating and drinking ; but yet must not eat , drink , or communicate with them at the altar or lords table , they ●either calling them thereto by words or gestures , nor having any preparation for them if called : making them believe the hearing and seeing of what they do is sufficient : whereby they increase the negligence of the people , and discourage them from the holy commnion . which practice , though meerly popish and antichristian ; l contrary to the precept and practice of christ and his apostles , the custom , doctrine , canons of the primitive fathers , churches ; the m confessions , articles of all forein churches , and of the n church of england , professedly condemned , declamed against by the exhortation prescribed in the book of common prayer , ratified by sundry acts of our protestant parliaments , by bishop jewel , and all former protestant orthodox writers ; yet dr. drake in his antiquaeries , preface , & p. 6. and his boundary to the holy mount , p. 160 , 161 , &c. herein plays the down-right pope & popish priest , not only in imitating , but thus justifying , pleading for this practice , as fit to be introduced in all our protestant churches . scandalous persons , yea heathens may be present at the lords supper , and all sacramental actions , and that with a great deal of profit . the fruit of the visible and audible word may here be attained by bare presence , &c. but they must not be admitted to , but debarred from the participation of the sacramental bread and wine . mark his reason . by presence , benefit may be gained ; but the danger of eating and drinking unworthily cannot be incurred without actual receiving . a better solider argument for private popish masses , if true , than any produced by mr. harding , bellarmine , or any romish pope or priest . in which passage he proclaims open war , against the o institution , practice , doe this , &c. of our saviour ; who instituted this sacrament , not to be gazed upon , but eaten and drunken by all present , admitted no bare spectators , but gave it to all his disciples : yea he therein bids defiance to the holy ghost and st. paul himself , 1 cor. 10. 2 , 3 , 4. 16 , 17. c. 11. 22. to 34 : to the p ite missa est , qui non communicat det locum , custom , doctrine of the whole primitive church , fathers , christians , as bishop iewel will at large instruct him ; and more particularly to the 25 article of the church of england . the sacraments were not ordained of christ to be gazed upon , or to be carried about , but that we should duly use them . and this exhortation , resolution in our english liturgy . whereas you offend god so sore in refusing his holy banquet , i admonish , exhort , and beseech you , that unto this unkindnesse you will not adde any more . which thing you shall do ( let this doctor and others mark it well ) if ye stand by as gazers , and lookers on those that do communicate , and be not partakers of the same your self , this makes the fault much greater , and is a further contempt , having the mysteries of christ in derision . is it not said , take ye and eat , take and drink ye all of this ? with what face then will ye hear these words ? will not this be a neglecting , despising and mocking the testament of iesus christ , & c ? wherewith other * protestant churches in their very confessions accord ; and st. chrysostom long before them , ad ephe●●o● , hom. 3. whosoever standeth by , refusing to communicate , is wicked and shameless , and unworthy to be partaker of the prayers . thou wil● say i am unworthy to be partaker of christs mysteries ; thou art then unworthy to be partaker of the prayers . thou mais● no more stand here , th●n one of the catechumeni , or novices , that was never christened . thus , dum stulti vitia vitant in contraria currunt : this new doctor will on no means admit ignorant , scandalous , or unregenerate christians to receive the sacrament ; for fear they should eat and drink their own damnation : but yet defines , they may be present at it , and all the sacramental actions , without receiving ; and that too with a great deal of profit ; what , i pray ? to make their fault much greater , to commit a further contempt , than if they unworthily received them ; by having the mysteries of christ in derision , and neglecting , despising and mocking the testament of jesus christ ; as our whole church resolves , against this his popish whimsy , contradictory to it self : for if they may see and hear the sacramental actions and administrations worthil● , and with a great deal of profit ; no doubt they may also receive it with much more profit and comfort too : and it will nonplus this grand rabbi to resolve us , how any can be a fit , a worthy , a profitable auditor and spectator of this sacrament ; and yet an unfit , unworthy , unprofitable , yea damned receiver . let him therefore not disown , retract this his popish dotage , contradiction , absurdity , to which he is driven , to avoid the dint of my q former arguments , against his absurd new-found suspension and excommunication of men , by way of church censure for notorious scandals , only from the actual reception of the lords supper ; but not from being spectators at it , and freely admitting them as unexcommunicate true churchmembers to all other ordinances , without the least seclusion from them : for which mr. iohn humfrey hath since sufficiently schooled him , in his rejoynder to his boundary . 10ly , that the popish priests having abolished daily , weekly , frequent communions together with their people in the church , who ought to receive the sacrament , and remember the death , passion of our saviour , as often as the priests themselves , do yet ( to keep a perpetual remembrance of christs death ) oblige themselves to say privase masses daily , communicate alone without the people , and offer up christ daily in sacrifice to his father , wherein appeareth their wanton folly , that they may do , and are commanded to do , they will not doe ; but that they cannot do , that they will needs do . and is not this the wanton folly of our anti-communion ministers now ? that they may lawfully , and are commanded to do , ( to administer the communion frequently , constantly to all their people ) they will by no means do , but argue , plead , preach , r write against it : but that themselves confesse they cannot , nor ought to doe , that they will needs do , in despight of god and men , even pope ▪ like , ſ without any articles , hearing , conviction , and before any judicial suspension , excommunication , by any classis or ecclesiastical ●udicature , against all or any of their parishioners , excommunicate , and keep back all , or the major part of their parishioners from the holy communion for sundry months , years together , by their own lawlesse , arbitrary , tyrannical usurpations , without any lawfull authority from god or man ; and will neither receive it alone themselves , as the popish priests do , nor suffer their people to receive it with them , to keep a perpetual remembrance of christs death ; thereby incurring that censure of tertullian , de resurrectione carnis , haretici ex conscientia infirmitatis suae nihil unquam tractant ordinari● ; yea that just wo and censure denounced by our saviour , mat. 23. 11. luke 11. 52. woe unto you scribes and pharises , hypocrites , for ye shut up the kingdom of heaven against men : for you neither go in your selves , neither suffer ye them that are entring to go in : or , them that were entring in , ye hindered and forbad ; as luke renders it . the lord give them now gr●ce to discern and reform this their perverse , pharisaical pride , hypocrisie , and tyranny , yea enmity against the memorial of our saviours passion : for it deserves no milder titles , being such in reality . 11. that the popish priests require a more extraordinary , transcendent holinesse , worthinesse , examination , confession of sins , preparation , and qualification in such christians as they admit to the lords supper , than they exact from them in their approaches to god in any other holy ordinances and duties of his worship , ( be it prayer , hearing or reading of gods word , fasting , thanksgiving , singing of psalms , baptism , and the like ; ) and that upon this conceit , t that it is more sacred and divine , than any other ordinance whatsoever . for there it is , hoc est corpus meum ; there we eat and drink ( say they ) the very body and bloud of christ it se●f , and so converse more immediately with christ and god himself , than in any other ordinance . which ridiculous popish dream of transubstantiation , as it u ushered i● their elevation , adoration of the sacrament , prostration , kneeling , bowing to it and their altars , with other various papal superstitions and idolatries ; so it first introduced this suspension , excommunication of christians from the lords table only ( now so eagerly contested for by anabaptists , independents , and over-rigid presbyterians ) though freely admitted to all other ordinances of gods publike worship , and that extraordinary , transcendent , special worthinesse , holinesse , self-examination , preparation , fitnesse , which they appropriate to this ordinance alone , to make men worthy receivers , yet never presse upon them to make them worthy petitioners , hearers , readers , thanksgivers , meditators ; introduced first by popish priests after transubstantiation , as an appendent , or consequent of it ; but not known , practised in christs church before , in the primitive purest times ( as the premises evidence ) when they received the lords supper every day when they met together to pray , or hear the word : which as it hath bred a strange schism between the sacrament and ordinances of god themselves , as if the lords supper were far holier , and christ more really , immediately , and in another manner present therein , than he is in baptism , prayer , or the word preached ; when as in truth , gods sacraments , ordinances are all of equal holinesse , and god the father , sonne and holy ghost equally present with us , and as immediately conversed with by us in them all , as in the lords supper ; as is undeniably evident , by eccles. 5. 1 , 2. 1 cor. 10. 2 , 3 , 4 mat. 28. 19 , 20. acts 10. 33. 44. 47. iohn 6. 29. to 66. compared with 2 chr. 6. 19. to 42. ps. 16. 11. ps. 27. 4 , 8. ps. 17. 5. ps. 65. 4. ps. 84. ps. 95. 2. psal. 100. 1 , 2 , 4. ps. 105. 4. ps. 132. 14. ps. 140. 13. isay 26. 8 , 9. c. 6. 3 , 5. c. 64. 1. 5. jer. 30. 21. mat. 7. 6. 1 cor. 9. 13. 2 tim. 3. 15. rom. 6. 3 , 4 , 5. c. 1. 16 , 17. gal. 3. 1 , 2. 27 , 28. by these passages of the fathers , cited by x bishop iewel against harding , who charged him with too grosse an errour , in making the presence of christ in baptism , like to his presence in the supper . y saint augustine saith , habes christum in praesenti per baptismatis sacramentum : thou hast christ in the time present by the sacrament of baptism . z st. chrysostom saith , in the sacrament of baptism , we are made flesh of christs flesh , and bone of his bones . a saint berna●d saith , ( of baptism ) lavemur sanguine ejus ; let us be washed with his bloud . b l●o saith , thou art washt in the bloud of christ when thou art baptized in his death . by these few , ( writes iewel ) it may appear , that christ is present at the sacrament of baptism , even as he is present at the holy supper , unlesse ye will say , we may be made flesh of christs flesh , and be washt in his bloud , and be partakers of him , and have him present without his presence : therefore chrysostom when he hath spoken vehemently of the sacrament of the supper , he concludeth thus ; sic et in baptismo ; even so it is also in the sacrament of baptism . the body of christ is like wise present in them both . and for that cause c beda saith ▪ nulli est aliquatenus ambigendum , tunc unumquemque fidelium corporis sanguinisque dominici participem fieri , quando in baptismate membrum christi efficitur . no man may doubt , but every faithfull man is then made partaker of the body and bloud of christ , when in baptism he is made the member of christ . and whereas mr. d harding and others advanced the dignity of the lords supper , above baptism and the word , and seclude those from it , whom they admit to the other , upon this ground ; that those who eat and drink the lords supper unworthily , eat and drink judgement to themselves , not discerning the lords body : thereto bishop iewel replyes , st. e ierom saith , dum sacramenta violantur ▪ ipse cujus sacramenta sunt , violatur . when the sacraments be misused , god himself , whose sacraments they be , is misused . and st. augustine saith , qui indigne accipit baptisma , iudicium accipit , non salutem , who so receiveth baptism unworthily , receiveth iudgement , ( or damnation ) not salvation ; as well as he who receives the lords supper unworthily . yea , christ himself when he sent forth his disciples to preach and baptize , mar. 16. 15 , 16. said unto them , go ye into all the world , preach the gospel to every creature : he that believeth ( the gospel preached ) and is baptized , shall be saved ; he that believeth not shall be damned : to which he superaddes mat. 20. 14 , 15. c. 11. 20. to 25. mar. 6. 11. and whosoever will not receive you , nor hear your words , when ye depart out of that house or city , shake off the dust of your feet ; verily i say unto you , it shall be more tolerable for the land of sodom and gomorrah in the day of judgement , than for that city . 2 cor. 2. 15 , 16. for we are unto god a sweet savour of christ ( in preaching the word as well as administring the sacraments ) in them that are saved , as in them that perish : to the one we are the savour of death unto death ; and to the other we are the savour of life unto life . by which it is apparent , that there is as much danger , judgement , damnation incurred by every man by his unworthy receiving of baptism , and unprofitable hearing and contemning the word preached , as by his unworthy receiving the lords supper ; as also by his unworthy praying , which is an abomination unto the lord , and turned into sinne , psal. 109. 7. prov. 28. 9. isa. 66. 3. upon which account all unregenerate , ignorant , impenitent , scandalous persons should be totally secluded from baptism , preaching , hearing of the word and prayer , as well as the lords supper by our ministers . so this erroneous popish opinion ( refuted at large by dr. ames , in his bellarminus enervatus , tom. 3. l. 1. c. 4. de saramentorum comparatione ) hath severed the ordinary daily use of the lords supper used in the primitive times , from the ordinary publike prayers , and preaching the word ; which it alwaies accompanied in the best and purest times ; and ingendred a world of unnecessary , unchristian controversies , schisms , sect ; in the church of god , especially in our own , of later times . and therefore ought now to be duely considered , reformed , exploded , as well as that monster of transubstantiation , which originally introduced these fond superstitious popish errors , that now so much intoxicate the brains , perplex the consciences both of protestant ministers and people , and are like to prove our churches ruine . the church of england in her 13 article , with our protestant writers , divines , doe all generally condemn the popish doctrine of merit of congruity ; yet most of them now really embrace , justify , preach , teach , print it , in their extraordinary preparations for the lords supper . they all generally now teach and exact , a visible , or real worthinesse , as absolutely necessary for every communicant ; without which , he must in no wise approach to the lords supper , for then it will certainly prove meer poyson to him , and he shall only eat and drink thereat his own damnation . but if he be so really , so visibly worthy and prepared , as they prescribe and require hi● to be , then he may certainly assure himself , that god will accompany this ordinance with his special presence , grace , blessing , so as he shall assuredly reap much grace , encrease confirmation of his faith , ioy , peace , assurance , and all other graces by it . whether this be not the popish schoolmens meriting grace of congruity ; and tying of gods grace , spirit , to our worthinesse , merits , preparations , for our own inherent worthinesse and preparation sake , let all judicious protestants resolve ? verily , when i seriously ponder that memorable passage of martin luther in his greater catechism , i that this sacrament was not institnted for those that are worthy , and purely clensed , from their sins , but clean contrary , even for miserable and wretched sinners , sensible of nothing but their own unworthinesse , therefore let such a one say ; lord , i would very willingly be worthy of this supper : but yet i come unto it , induced by no worthines of mine own , but trusting on thy word alone , because thou hast commanded me to come , &c. for the sacrament is not to be looked on as an hurtfull thing , from which we should run with both our feet , but as a saving and wholesome medicin , which may heal thy diseases , and give life both to thy soul and body . why then do we so shun it , as if it were a poison , which being received would bring present death unto us ? yea , but some may say , i am not so sensible of my sins and unworthinesse as i should be . to such as are in this condition i can give no better advice , than to look into their own hearts , and to see whether they be not flesh and blood , and may not say with paul , rom. 7. i know that in me , that is , in my flesh , dwelleth no thing that is good . in summe , by how much lesse sensible thou art of thy sins and defects , the more reasons thou hast of comming , and frequent seeking help and physick and when i consider these passages in the practice of piety ; ( so much approved by all our divines , and pious christians ) concerning the due manner of practicing piety in receiving the holy supper of the lord , k that no man living is of himself worthy to be a guest at so holy a banquet . the rules there prescribed , how to consider and perceive our own unworthinesse , by examining our lives according to gods commandement : with these ensuing meditations prescribed to every communicant to ponder , both before and at this sacrament , l ponder then , with what face darest thou offer to touch so holy a body , with such defiled hands ; or to drink such precious blood , with so lewd and lying mouths ; or to lodge so blessed a guest , in so unclean a stable : for if the m bethshemites were slain for but looking irreverently to the ark of the old testament ; what judgement maist thou justly expect , who with such impure eyes and heart , art come to see and receive the ark of the new testament , in which n dwelleth all the fullnesse of the godhead bodily ? &c. if john baptist ( the holiest man that was boru of a woman ) thought himself o unworthy to bear his shooes ; o lord , how unworthy is such a prophane wretch as thou art , to eat his flesh , and to drink his precious bloud ? if the blessed apostle st. peter , seeing but a glympse of christs almighty power , thought himself p unworthy to stand in the same boat with him ; how unworthy art thou to sit with christ at the same table , where thou maist behold the infinitenesse of his grace and mercy displayed ? if the q centurion thought that the roof of his house was not worthy to harbour so divine a guest ; what room can there be fit under thy ribbs for christs holinesse to dwell in ? if the r bloud-issued sick woman feared to touch the hem of his garment ; how shouldest thou tremble to eat his flesh , and to drink his all-healing bloud . yet if thou comest humbly in faith , repentance and charity , abhorring thy sins past , and purposing unfeignedly to amend thy life henceforth , let not thy former sins affright thee ; for they shall never be laid to thy charge , and this sacrament shall seal unto thy soul , that all thy sins and the judgements due unto them , are fully pardoned , and clean washed away by the bloud of christ . for this sacrament was not ordained for them who were perfect , ( or worthy ) but to help penitent sinners unto perfection . christ ſ came not to call the righteous , but sinners to repentance . and he saith , the whole need not a physician , but they that are sick . these hath christ called , and when they came , them he ever helped ; witness the whole gospel , which testifieth , that not one sinner who came to christ for mercy , went ever away without his errand . bath thou likewise thy sick soul in this fountain of christs bloud ; and doubtlesse , according to his promise , zech. 13. 1. thou shalt be healed of all thy sinnes and uncleannesse . not sinners therefore , but those who are unwilling to repent of their sinnes , are debarred from this sacrament , &c. t i am in a word a u carnal creature , whose very soul is seal'd under sin ; a wretched man compassed about with a body of death ; yet , lord , seeing thou x callest , here i come ; and seeing thou callest sinners , i have thrust my self in among the rest ; and seeing thou callest all , with their heaviest loades , i see no reason why i should stay behind . o lord , i am sick , and whether should i go but unto thee , the physician of my soul ? thou hast cured many , but never didst thou meet with a more miserable patient , &c. and why should i doubt of thy good will , & c ? with this further passage , y but then thou wilt say , it were safer to abstain from comming to the holy communion , than to resort unto it . not so : for god hath * threatned , to punish the wilfull neglect of his sacraments with eternal damnation . and it is the commandement of christ , z take , eat , doe this in remembrance of me ; and he will have his commandement under the penalty of his curse obeyed . and seeing this sacrament was the a greatest token of christs love , which he left at his end to his friends , whom he loveth to the end ; therefore the neglect and contempt of this sacrament , must argue the b contempt and neglect of his love & bloudshedding ; than which no sin in gods account can seem more haynous ; nathing hinders why thou maist not come freely to the lords table ; but because thou wouldest rather want the love of god , then leave thy filthy sins . o come then , but come a guest prepared for the lords table : seeing they are c blessed who are called to the lambs supper . and when i further observe the several passages of like nature in others of our writers , touching this sacrament ; with this confession of our sinnes in our english liturgy ; and this acknowledgement , we do not presume to come unto this thy table , o lord , trusting in our own worthinesse , but in thy great and manifold mercies : we are unworthy , o lord , to gather up the crumbs under thy table , &c : even then when we approach unto this supper ; with those passages prescribed in the exhortation before this sacrament , to be used by all our ministers to their people when they see them negligent to come to the holy communion : when god calleth you , be not you ashamed to say , i will not come , & c ? i for my part am here present , and according to mine office , i bid you in the name of god , i call you in christs behalf , i exhort you as you love your own salvation , that ye will be partakers of this holy communion , &c. i can no wayes approve the forementioned doctrin and opinion , of visible or real worthinesse ( pre-required by our c new doctors , as the only rule of their admitting men to this sacrament ) as orthodox or solid , but reject it as erronious , popish , and meer merit of congruity ; disclaim that general received opinion , that there is another sublimer fitnesse , holinesse , examination , preparation required of all men in their addresses to this sacrament , than to any other of gods ordinances ; and cannot but conclude it a most damnable , impious , dangerous , unchristian practice , for any ministers to dehort , debar , prohibit any of their unexcommunicated parishioners from it , who desire to receive it , whiles they freely admit them to all other ordinances , since god himself both thus calls and commands them under pain of the highest sinne , contempt and damnation , to repair constantly to this sacrament , as the chiefest medicine to cure , comfort , refresh their sin sick , drooping , despairing souls . and up●n unpassionate serious , second thoughts of what is here premised , i doubt not they will all subscribe to my opinion herin , though they may deem it a strange novelty at first reading , and admit all freely to this sacrament , as well as to other ordinances . 12ly . our reverend f bishop jewil , the harmony of confessions , sect. 14. with all protestant churches and divines , justly chargeth the church of rome , and romish priests , with grand sacrilege , church-robbery , wickedness , injury , impiety in the highest degree , for denying , prohibiting the cup of the lord to the lay people in the administration of this sacrament , contrary to christs own institution and practice , the practice of the primitive church , fathers , christians , in former ages , & all other christian churches in the world , for certain reasons best known to themselves ; and more especially for this very reason ( as g iohn gerson , a principle member of the council of constance , privy to its secrets records ) that if lay-men should communicate under both kinds , as priests , dignitas sacerdotis non esset super dignitatem laicorum , the dignity of priests should not be above the dignity of lay-men : whence gabriel biel extolleth the dignity of the priest above our lady , and all other saints , because he may communicate under both kinds , and they cannot . and so have they altered the sacrament of aequality and unity , and made it a sacrament of difference , and dissention , as h bishop iewel truely observeth . now i appeal to the judgements , consciences of all judicious protestants , and i pope gelasius himself , who justly condemned this practice , as most wicked , injurious , impious sacrilege in the popes and priests of rome ; whether it be not a farre greater , worser , execrabler sacrilege for any of our protestaut english ministers , contrary to our saviours precept , president , the custom , doctrine , practice of the apostles , primitive churches , fathers , christians , and all other churches in the world ; yea , to the councils , canons , injunctions , articles , liturgies , homilies , writers of our english church , and k statutes of our realm , obstinately , wilfully to detain , not only the sacred cup , but bread , and whole lords supper from all their parishioners , for sundry moneths , years together , as no wayes due or belonging to them ? and that onely upon no other real ground but this alone , l to erect a new ecclesiastical jurisdiction in themselves and their intended presbyteries , over the lords sacrament it self , and all their people ; and to advance their own sacerdotal or presbyterial dignity hereby above the dignity of their ordinary lay parishioners ; this new papal authority , tyranny , sacrilege , being never claimed , practiced by them before , but only since their late pretended divine right , and claim to their new presbyterian soveraign authority , to examine all their parishioners visible worthiness , fitnesse , preparednesse to receive this sacrament , before their actual admission thereunto . wherby they have now altered this blessed sacrament of equality & unity , ( to which all visible members of every particular congregation capable of self-examination , have an equal right and common interest , as well as themselves , or their new presbyteries , triers , and ought to receive it together with them , as frequently as they shall receive it ) & made it a sacrament of difference , dissention , division , separation , and no communion at all ; nor yet so much a sacrament or ordinance of christ at all in many churches , but only in notion and dispute , not actual publike celebration , according to christs command , m this doe in remembrance of me . they having now metamorphosed our saviours precepts , take ye , eat ye , drink ye all of this , in remembrance of me : as oft as ye eat this bread , and drink this cup , shew ye the lords death till he come , into this doe not , take ye not , eat ye not , drink ye not at all in remembrance of me . never once ( much lesse oft ) eat this bread , nor drink this cup , nor shew ye the lords death thereby till he come . o my obstinate refractory christian brethren ( if i may be now deemed worthy by you , to call you so ) who are guilty of this practice ; i advise you , beseech you , for the honour of my blessed saviour , and this his holy sacrament ; the honour of our protestant church and religion ; the honour of your own ministry and function ; the comfort , the salvation , the edification of your own & your peoples souls , now at last most seriously to consider this your worse than papal , romish , impious sacrilege , impiety , antichristian pride , usurpation , tyranny , rebellion against christs positive precepts , ( for i can truly give it no other , better terms than these ) with shame and confusion of face , heart , spirit ; and then be n no more stiff-necked ; no longer popish , romish , in this and other forementioned particulars , as you have hitherto been : which render you more really scandalous , if not impious , than any you debarre from this sacrament : and o repute me not your enemy , nor a rayler ; because i thus plainly , impartially tell you the truth , and have paralleld your late practices with popes and popish priests exorbitances , sacrileges ; not minced your crimes with diminutive termes , but set them forth by their proper titles , in their native colours , that you might the better discern their horrour , avoid their danger , and bee the more humbled for them before god and men ; but p repute me your best , your truest , cordiallest christian friend , q for discovering these your iniquities , and rebuking you sharply , that you may be sound in the faith . r remember therefore whence you are fallen ; repent and reform your late dangerous errours , and doe your first workes , by discharging your pastorall duties to your people , in frequent , publike , common celebrations of the lords supper , together with them , as your ministerial and parochial functions , christs precepts , the statutes , edicts of our church and realm oblige you ; and that upon this ensuing consideration super added to the premises . 7ly , that ſ bishop iewel and the fathers , authors forecited by him , resolve ; that one principal end of the holy communion , is , to joyn and unite christians together in christian communion , unity , amity , as being all fed together , and partakers of this one bread : that by their common open receiving of this holy communion frequently together , they do openly testifie and declare , that they are all one in christ jesus , and all one amongst themselves ; that this is the principal means to joyn & keep them together ; and to prevent schisms , divisions , sects contentions amongst christians ; it being impossible ( as t s. aug. writes ) to conjoyn men together into any name of religion , be it true or false , unles they bejoyned together with some bond of visible signe or sacraments , like confederated sworn brethren . hereupon the later confession of * helvetia , cap. 12. writes thus of this holy supper , moreover we are admonished , in the celebration of the supper of the lord to be mindfull of the body whereof we are made members , and that therefore we be at concord with all our brethren , that we live holily , and not pollute our selves with wickedness and strange religions , but persevering in the faith to the end of our life , give diligence to excell in holinesse of life . with which accords the former confession of helvetia , in these words , also the lords supper is as a badge unto us : for as one loaf , and one wine , are made of many grains and grapes ; so we being the whole multitude of the faithfull , are gathered together to be one bread and one body . by this we testifie in an outward profession , that we are redeemed by the bloud of christ , and made the members of christ , to whom we give thanks , in whom we are confederates , and do promise to perform mutual duties one towards another . the confession of saxony thus seconds them , god will have this publick receiving to be a confession , whereby thou maist shew what kind of doctrine thou dost imbrace , and to what company thou doest joyn thy self . also he will ( hereby ) that the members of the church should have a bond of mutual love among themselves . * god would that these publick meetings should be witnesses of the confession and severing of the church of god from the sects and opinions of other nations . john , assembled his flock at ephesus , and taught the gospel , and by the use of the sacraments , the whole company did declare that they embraced this doctrine , and did invocate this god , who delivered the gospel , and that they were separated from the worshippers of diana , iupiter , and other idols . for god will be seen and have this church heard in the world , and have it distinguished by many publike signs from other nations . and the promises wherein , god doth affirm he will preserve his church ar included in the very words of the supper , where he commandeth , the death of the lord should be shewed forth , and this supper distributed till he come . therefore doubtlesse the principal and only means that ministers or magistrates can use , to prevent the dangerous , universal , epidemical increase of sects , schisms , separations from our parish churches and publike assemblies ; to reclaim , reduce , re-unite their people in personal presence and affection to themselves , their churches , and one another , and to restore unity , amity , peace , settlement , to our miserably distracted , dilacerated church and realms , divided , subdivided into so many sects , factions , one from and against another , is , to restore , presse , practise the frequent publike use of this holy communion every lords day , or moneth at least , and not to seclude any of their parishioners from it capable of self-examination , but such alone who are actually excommunicated from all church-communion , and all other publick ordinances , for their notorious sinnes demeriting such a censure . the contrary doctrine , practice , ( derived from , and asserted by the u anabaptists , but oppugned by protestant churches , writers heretofore , though now asserted by independents and x rigid presbyterians ) that this holy communion belongs only to the truly regenerate , or to none but visible saints : not to any unregenerate persons or sinners , who are all to be seclnded from it . that none ought to be admitted to it , but such who upon trial and due examination by their ministers or presbyteries , shall be adjudged worthy communicants , and sufficiently qualified , extraordinarily prepared to receive it : and the discontinuing of this communion in most churches upon these false principles for sundry moneths and years together , having been the original fountain , sourse , and principal occasion of all those unhappy schisms , divisions , separations , contentions , sects , disputes , differences which have rent our churches , realms , into so many pieces , and brought so much hatred , scorn , contempt upon our ministers persons , functions , ministry , in wise mens observations . to put this out of question . i shall desire all sadly to consider , that the greatest rents , schisms that have befallen the church of christ in these later ages of the world , have proceeded from errors , crntroversies touching the sacraments , which have severed it into irreconcilable sects and separations . the popish error of transubstantiation , and the consequences ( of adoration , of the hostia , masses , &c. arising thence ) with the sacrilegious depriving the laity of the cup , by the solemn y decree of the council of constance , was the original ground , the principal ( though not only ) cause , of all protestant churches separation from the church of rome ; as mr. fox his acts and monuments , the french book of martyrs , bishop jewel , bishop morton , and others in their learned works heretofore , dr. daniel featly , in his grand sacrilege of the church of rome , mr. john daille his excellent apologie for the reformed churches , shewing their necessity of separation from the church of rome , and others in their late treatises of schism , at large demonstrate : and had not the council of basil ( since the decree of constance ) granted the use of the sacrament in both kinds , and restored the cup unto the kingdom of bohemia ; and the council of trent since , upon certain conditions granted the same to other kingdoms and countries , they had all totally revolted from the church and popes of rome , and turned protestants , so much were they displeased with them for this grosse sacrilege . hence the council of basil in their act of concession of the sacrament in both kinds to the bohemians , useth this observable preface : * in the name of god and of our saviour jesus christ , upon the sacrament of whose most blessed last snpper we shall intreat , that he which hath instituted this most blessed sacrament of unity and peace , will vouchsafe to work this effect in us ; and to make us , that we may be one in the said lord iesus our head ; and that he will subvert all the subtilties of the devil , which through his envious craftinesse , hath made this sacrament of peace and unity , an occasion of wars and discord ; that whiles christians do contend touching the manner of communicating , they be not deprived of the fruit of the communion . whereupon st. augustine in his sermon upon infants , in the decrees , de consecratione distinct . 2. quia passus , saith thus . so the lord iesus christ certified us , and willed that we should appertain unto him , and consecrate the mystery of our peace and unity upon the table . he that receiveth the mystery of unity , and doth not keep the bond of peace , doth not receive a mystery for himself , but against himself . this we thought good above all things to be premised . a clear testimony , that the popish abuses in the sacrament , and this sacriledge in depriving the people of the cup , was the original cause of all the schisms , warres , discords , then in and against the church of rome , and between her , the bohemians , and other churches , kiugdoms . since this , the a erronious doctrine of consubstantiation in the sacrament , hath totally and almost irreconcilably divided the lutherans from the calvinists , and other protestant churches , and set them at open variance , hostility one against the other . moreover , these erronious tenets of the b anabaptists ; that none ought to be baptized before they can render an approved account of their faith : and that none ought to be admitted to the lords supper but visible saints , who upon prec●dent trial and examination shall be adjudged worthy to communicate ; that communicating with any other but saints doth prophane this and other ordinances , and defile those saints who communicate with them ; hath occasioned them first to separate wholly , not only from the church of rome , but from all other protestant churches whatsoever , whether lutherans , calvinists , presbyterians , or independents , and to communicate with neither of them . the independents c taking up the anabaptists wicked erronious principles against mixt communions , have thereupon separated themselves from the presbyterians and our parechial churches , and upon this foundation , erected new gathered churches , and segregated conventicles of their own . and some over-rigid presbyterians , unadvisedly swallowing down this anabaptistical drugg , d founding their new presbyteries , triers , trials of all communicants worthinesse , suspensions of all ignorant , scandalous persons from this sacr●ment , and unmixt communions only of visible saints thereon , have thereby split themselves upon a double rock , and manifold inextricable inconveniences , to the total subversion , and unexpected sudden frustration of their intended platform , and elevated hopes . first , by closing with the anabaptists and independents in this foundation of their separation from all other churches and christian congregations , they have made most of their conscientious parishioners to turn e anabaptists or independents , and to desert both their church and ministry ; whereby their numbers are decreased , and these their opposites churches numbers infinitly increased in few years space beyond all belief . 2ly . by denying , upon this account , to administer the lords supper to the generality of their parishioners as unworthy of it ; and none other but dogs or swine ; and by not administring it in their churches upon this ground , for sundry moneths , nay years , lest any unworthy communicants should presse unto it ; they have therupon incurr'd the general indignation , hatred , contempt , reproaches , and lost the affections of the residue of their people , caused many of them to turn ranters , quakers , achiests , contemners , neglecters of all ordinances ; for to resort to old episcopal clergy-men , and those who will freely admit them to the lords table . and so by this their error , sacrilege , ambition , neglect in , and forbearing to celebrate the lords supper ( against christs own precept , the custom of the primitive and all other churches ) to their parishioners , as formerly , and endeavour to set up a new judicatory , or inquisition over their persons , consciences , to examin their fitnesse , and suspend them from the communion , they have by divine retaliating iustice or providence at least ( and i desire them to observe it ) sodeinly , unexpectedly , beyond all humane probability , by an unparalleld sacrilege , lost most of their church revenues , tithes , duties , either seised , or detained from them by their people from whom the● detain this sacrament ; yea lost both their intended presbyterial government , classes , iudicatories , reputations , credits , reverend esteem , the love and affections of the generality of their parishioners , and rendred their persons , function , ministry , generally odious , contemptible , opprobrious throughout the whole nation ; as themselves experimentally feel , complain of , and all intelligent men observe . which being an undeniable experimental truth , there can be no better , speedier means used , to regain their former honor , love , respect , and reduce their straying flocks from their several schisms , sects , conventicles , unto their parochial congregations , assemblies , ministry , but to renounce those anabaptistical errors , practices , they have unadvisedly taken up and strenuously defended ; to restore the frequent weekly , monthly use at least of the holy communion ( the principal bond of christian amitie , peace , vnity , * serving instead of anoath to bind them all together in the true profession of christianity , to re-gather their people together , and re-unite and keep them close to themselves and one another ) and to grant a free admission unto all visible church members able to examine themselves , to the holy communion , as well as to all other ordinances ( as christ , his apostles , the primitive fathers , christians did ; and the premises undeniably manifest they are bound to doe ) and to endeavour by preaching , writing , exhortations , and all good christian means , to prepare and excite all persons capable , to the frequent participation of this sacrament , and not dehort , deterre any such from it , as they have done of later years , and thereby driven them both from their churches and ministry . remember what f bishop jewel in his forecited words replies to mr. harding , o miserable is that chdrch , wherein no man , no not so much as one is well disposed , and fit to communicate at the lords table . what conscientious , zealous christian can with comfort continue in such a church , or what minister with comfort or conscience continue in his pastoral charge over it , and not remove , or separate from it to some other church and people better qualified for christian communion , at christs heavenly feast ? such churches these ministers declare their own to be , by their practice , to whom they pretend they cannot , dare not administer the holy communion at all , as having no right unto it to the peoples scandal , and their own ; and how many such parochial churches have we now in england , who have had no sacrament of the lords supper publikely administred in them for divers years last past ? though the more sinfull and worse they are , the more they need this soveraign medicine , this sinne-clensing , soul-recovering antidote to cure their spiritual maladies , and diseased souls ; the with-holding whereof from them , instead of working their spiritual cures , hath f but only lengthned , increased their diseases , and made them more sinfull , obstinate , vicious , irreligious , sacrilegious , prophane , undevout , atheistical , neglectful , contemptuom of this and all other sacred ordinances than before , and banished the serious frequent meditation of christs precious bloudshed , and benefits of his passion quite out of their remembrance ; as therefore the h anabaptists , and independents seclude none from their sacraments , whom they deem visible members of their selected , refined , gathered congregations ; upon this account , that none are or ought to be members of their churches , but such who have an equal right and free admission to all gods ordinances : so let our presbyterian ministers now upon the same account , either separate from their churches , as no true visible churches of christ , or else admit all the visible , actual members of their parochial congregations , to this holy communion , as well as to all other ordinances , wherein they have all an equal interest , as church-members , lest all their people withdraw and separate from them , as many thousands have lately done , and will do , must else doe more and more , till this sacrament be restored to them , that being no true visible church of christ , nor true christian congregation , wherein the sacraments are not duly , frequently administred , as well as the gospel preached , as all i protestant churches , confessions , writers , unanimously resolve : and those churches must needs be full of schisms , factions , contentions , animosities , hatreds , void of christian love , unity , and in a most desperate sad condition , where the supper of the lord ( the k sign and bond of the love , peace , unity , amity that christians ought to have amongst themselves , and sacrament of their redemption by christs death ) is wholly cast aside , kept from them by their ministers . which the lord give all such obstinate church-distracting , church-destroying ministers grace now timely to consider , reform , for their own , their peoples , the churches benefit , union , peace , and future settlement , upon serious perusal of all the premises , compiled , published for this much-desired end alone . for a close of all , i shall desire all proud pharisaical , supercilious , over-severe ministers and other christians puffed up with such a swelling conceit of their own transcendent holinesse , worthinesse , and most others unworthinesse , that they think them altogether unworthy to communicate with them at the lords table ; to consider seriously with themselves , these few particulars , which may abate this their spiritual pride and uncharitablenesse , and reform their erronious practices in this kind . 1. advisedly ruminate upon christs own parable of the boasting pharisee , and humbled sinfull publican , who went both up together into the temple to pray ; and which of these two christ himself justified , luke 18. 9. to 15. which parable he spake unto certain who trusted in themselves , as being righteous , and despised others , v. 9. this alone methinks should at least abate , if not fully cure this their overweaning self-conceit . compared with those isay 65. 5. which say ( to others ) stand by thy self , come not near to me , for i am holier than thov . these are a smoak in my nose , a fire that burneth all the day ; behold , it is written before me , i will not keep silence , even recompence into their bosoms . let all such pure justiciaries take heed they come not within the verge and censure of prov. 30. 12. 13. there is a generation that are pure in their own eyes , and yet are not washed from their fillhinesse . o how lofty are their eyes , and their eye lids are lifted up : ( with spiritual pride ) withall let them remember that of jam. 4. 5. and 1 pet. 5. 5. yea , all of you be cloathed with humility , for god resisteth the proud , and giveth grace unto the humble . with that of phil. 2. 3. let nothing be done through strife or vain-glory ; but in lowlinesse of mind , let each esteem other . better than himself . and then they would seclude none from the lords table ( especially before a legal conviction , trial , and sentence of excommunication judicially passed against them ) as unworthy to bear them company , being as good , or better than themselves , in the judgement of true christian charity and humility , if they pursue this apostolical precept . 2ly , let them ponder our saviours own precept , mat. 7. 1. luke 6. 37. judge not , that ye not judged ; condemn not , and ye shall not be condemned . with that of rom. 14 4 , 10. &c. who art thou that judgest another mans servant ? to his own master he staudeth or falleth ; but why dost thou judge thy brother ? or why dost thou set at nought thy brother ? ( yea count , call him a meer dogg or swine , and seclude him from christs table as such , before any legal trial or conviction of him as such ? ) we shall all stand before the judgement sent of christ , &c. so then , every one of us shall give an account of himself to god . let vs not therefore ivdge one another any more . compared with 1 corinth . 4. 3 , 4 , 5 : but with me it is a very small thing that i should be judged of you , or of mans day ( or judgement ) yea i judge not my self , but he that judgeth me is the lord . therefore ivdge nothing before the time , until the lord come , who will both bring to light the hidden things of darknes , & wil make manifest the counsel of the hearts ; & then shall every man have praise of god , jam. 2. 12 , 13. so speak , and so do , as they that shall be judged by the law of liberty : for he shall have judgement without mercy , that hath shewed no mercy ; and mercy rejoyceth against judgment , john 7. 51. doth our law judge any man before it bear him , and know what he doth ? which texts duly weighed , would take off all rash , censorious , private , illegal judgements passed upon whole parishes hearts , and spiritual estates , and suspensions of them from the lords table upon bare surmises , before any judicial hearing , trial , conviction of their scandalous crimes and offences , deserving such a severe , unchristian censure , by those who have no divine nor humane authority to inflict it , as now they doe . 3ly . let such remember , that as christ himself never erected any private consistory in himself , his apostles , ministers or presbyterian classis for the trial , examination of any mans knowledge , preparation , worthinesse , graces , before they came to the hearing of the word , prayer , or other publike ordinances of his worship ; but injoyned every man only to examine , prove himself , and search , try his own heart , wayes , lam 3. 40 , 41. psal. 4. 4. 2 cor. 13. 5. compared with ier. 8. ●6 . c. 31. 18 , 19. and to judge himself , ( not others , whose hearts , states he cannot certainly know : ) 1 cor. 11. 28. 31. rom. 14. 3. to 14. so in our approaches to the lords supper , he gives no commission to any classis , minister , in or by his word , to try or examine any others fitnesse ere they be admitted to the lords supper , but only commands every man to * examine and judge himself alone , ( not any other , ) the reason is there rendred , for he tkat eateth and drinketh unworthily , eateth and drinketh judgement ( ordamnation ) to himself ▪ ( alone ) not to any other : for if we would judge our selves , we should not be judged , v. 31. the fathers , with other commentators generally on & from this text , presse all , to examin themselves before they receive this sacrament , and the churches of * helvetia , bohemia , belgia , sax●ny , in their publike confessions , and church of england in her publike liturgy , from this text , exhort all communicants diligently to examine themselves , before they eat the sacramental bread , or drink of that cup : but injoyn not their ministers or classes juridically to examin or approve them as worthy communicants before they admit them ; introduced originally by popish priests , who called their people to * auricular confes●ion , and shrift , before they would admit them to the sacrament , which the fathers in the primitive times exacted not , as bishop jewel formerly manifests . and this will still their polypragmatical humor , of * playing the bishops in other mens dioceses , and popes in other mens consciences ; instead of examining their own hearts , lives , actions , consciences , faith , love , repentance and other graces , especially their own charity , humility , gentlenesse , and long-suffering towards their brethren , whom they thus seclude from the sacrament , without any legal commission from god or man , which will hardly consist with that true christian brotherly love , charity , humility , gentlenesse , meeknesse and forbearance , which is required in all worthy communicants , as they deem themselves . 4ly . let such divines and others who make the truth of grace , or real visible saintship , the onely condition , qualification of rightfull admission of any to the lords supper , consider these sad inevitable consequences of this their error . 1. that no minister , person whatsoever ( without immediate revelation from god ) can x certainly or infallibly know the hearts or truth of any parishioners graces ; and therefore by this rule , he neither can nor dares administer it to any , de fide ; because y god only knows their hearts and truth of graces . 2ly , that many who appear and seem to be real saint , for a time , appear at last to be wicked z hypocrites : and many thousands who appear not outwardly to be saints , even to the most eminent a inspired prophets of god , are yet real saints in truth and gods esteem , rom. 11. 3 , 4 , 5. if this then should be the only rule of admission to the sacrament , many false hypocrites should be admitted to , and thousands of real sain●s secluded from it . 3ly , all new converted , or tender-hearted , humble , doubting christians , labouring under the burthen of their corruptions , or sathans temptations , not fully assured of the truth of their ●eal conversion , graces ; should then necessarily sequester themselves from this sacrament , when they need it most , though their ministers should deem them fit and worthy ; because unresolved of the truth and reality of their own saving graces , and so unworthy to communicate in their own resolutions . 4ly , if truth of grace be necessarily requisite in all receivers , then much more , or at least equally requisite in all ministers , who consecrate and administer to , as well as receive it first of all , with their parishioners . and then , if the parishioners doubt , * deny , or have no certain assurance of the truth of grace in their ministers ; by this rule , they neither may , can , nor will receive at all : and so ministers having no certain infallible assurance of their parishioners true conversion or graces , nor they of their ministers , this sacrament must be wholly exploded and laid quite aside . upon which consideration the church of england in the 26. article , and the protestant reformed foreign churches in their b confessions resolve ; that the unworthinesse of the ministers , doth not hinder , or take away the efficacy of gods word , sacraments , ordinances , which are effectual because of christs institution and promise , although they be ministred by wicked men , which will be ever mingled with the good in the visible church . 5ly , i desire such ministers who have preached , printed , cryed up this false rule of admission to , and administration of this sacrament , sadly to consider , the retaliating justice of god upon them , arising from this their error , and neglect of administring it . that whiles they have peremptorily debarred their parishioners and people from the lords supper , and laid it quite aside , as denying or doubting their real sain●ship ; many of their people have upon their own principles , turned anabaptists , independents , quakers , seekers , yea , publikely in their churches , pulpits , c writings proclaimed them , to be no real saints or ministers of christ at all , but baals priests , seducers , of the people , false prophets , hirelings , hypocrites , deceivers , impostors , antichrists , fit only to be cast forth unto the dunghil , trodden under foot of men ; deserted both their church assemblies , ministry , and withheld their tithes . i beseech them sadly to ponder , how god hath thus repaid them in their own false coin , and to acknowledge his justice on them in it . 5ly , let them consider this notable passage of d abbot theon ( about 530 years after christ ) that mens sins ought not to deterre them from , but excite them to the frequent participation of the lords supper ; and that those who deem themselves worthy receivers , ( as these supercilious secluders of their parishioners from the sacrament doe ) are most unworthy . nec tamen ex eo debemus nos a dominica communione suspendere , quia nos agnoscimus peccatores , sed ad eam magis ac magis est , et propter animae medicinam , et purificationem spiritus avidè festinandum : veruntamen ea humilitate mentis ac fide , ut indignos nos perceptione tantae gratiae judicantes , remedia potius nostris vulneribus expetamus . ali●quin , nec anniversaria quidem dignè est praesumenda communio , ut quidam facunt , qui in monasteriis consistentes , ita sacramentorum coelestium dignitatem , & sanctificationem , ac meritum metiuntur , ut aestiment ea non nisi sanctos & immaculatos debere praesumere , et non potius ut sanctos mundosque nos sua participatione perficiant qui profectò majorem arrogantiae praesumptionem , quam declinare sibi videntur , incurrunt , quia vel tunc cum ea percipiunt dignos se ejus perceptione dijudicant . multo enim justius est , ut cum hac cordis humilitate qua credimus et fatemur , illa sacrosancta mysteria nunquam pro merito nos posse contingere , singulis ea dominicis diebus ob remedium nostrorum aegcitudinem praesumamus , quam ut vana persuasione cordis elati , vel post annum dignos eorum participio nos esse credamus . wherefore as the blessed antient martyr e ignatius in his epistle to the ephesians , thus exhorts them to the frequent reception of the eucharist . date itaque operam ut crebrius congregemini ad eucharistiam et gloriam dei . quando enim saepius in idem loci convenitis labefactantur vires satanae , et ignita illius ad peccat●m jacula irrita resiliunt : which f joannes c●●machus likewise seconds , pressing the frequent reception of the eucharist upon these and other grounds ( which the primitive christians daily and frequently received in common , as the marginal g authors , besides those forecited , and eusebius de demonstratione vangelica , lib. 1. c. 10. p. 300. inform us ) so let our rigid innovators , now imitate this their practice for the future , lest they increase the power , kingdom of satan , their own and their parishioners sins and damnation ; by debarring them from this spiritual balm , and soveraign means of their salvation , instead of making them more worthy and prepared to receive it , or lesse sinfull , by their suspension from it . 6ly . let them ponder , that the primitive fathers and christians , though they were over-rigid to such as fell away to idolatry , through fear , in times of persecution ; yet upon their repentance they admitted them to receive the lords supper at home in private , when they lay sick upon their death-beds , though they stood actually excommunicated from the church and all publike ordinances ; to the end they should not be swallowed up utterly in despair , but die comfortably as the members of christ ; as h bishop iewel proves at large by the story of serapion , and concil. carthaginense 6. can. 13. with what hearts , faces , consciences then , can these cathari , and novations deny this sacrament now to their parishioners , who earnestly desire and long after it , both in their healths , sicknesses , and at their very deaths , though never actually excommunicated , nor guilty of such grosse apostacy to idolatry : when as they freely admit them to their church-assemblies , and all other publick ordinances ? contrary to the practice of the primitive churches , fathers : who cast all such as were excommunicated for any scandalous sins crime , or heresie , ont of their churches , debarred them from their congregations , and all christian communion with them in prayer , or any other publike ordinances , as well as in the lords supper ; which is most apparent by the excommunications and presidents of i serapion , k numerianus , l philip , and m theodosius the emperors ; n apoiinarius , and o arius the hereticks , with others recorded in ecclesiastical histories ; by this pregnant testimony of tertullian in his apology : summumque futuri judicii praejudicium est , si quis ita deliquerit , ut a communione orationis et conventus , et omnis sancti commercii relegetur : by these phrases of p st. cyprian , whereby he expresseth the nature and use of excommunication in his age . arcere , cohibere , ejicere , excludere , pellere , rejicere ab ecclesia , seperare a christi corpore , &c. by these expressions of q origen , ab ecclesiae corpore desecari , per ecclesiae praesides . auferatur è populo dei , eradicetur , et tradatur satana . is qui praesidet populo , & regit ecclesiasticam disciplinam ejicit eum de congregatione fidelium . in ecclesiis christi consuetudo tenuit talis , ut qui manifesti sunt in magnis delictis , ejiciantur ab oratione communi , &c. by this phrase of r gregorius thaumaturgus , bishop of neo-caesaria , against covetors plunderers of captives and other mens goods for filthy gain ; whom he resolves to be , a dei ecclesia abdicati ; which theodorus balsamon ( patriarch of antioch ) thus expounds . ecclesia abdicatus , id est , ejectus et al●onus ; dicuntur enim abdicati , filii , quando propter aliqua crimina ab haereditate paterna alienantur . in tempore autem talis calamitatis , existimare aliorum calamitatem esse sui lucri occasionem , est impiorum hominum , et dei invisorum , et qui omnem improbitatem superant . unde visum est , eos abdicare , pro eo quod est , aperte ecclesia expellere , et a sidelium multitudine separare , ne propter ipsos dei ira ad omnes veniat , &c. which i wish the plundering covetous saints of our age , would consider , being all ipso jure , excommunicated persons ; qui ea rapiunt , quae ad eos , qui in bello capti sunt , pertinent . to these i might adde the like phrases and passages of st. basil , st. hierom , st. ambrose , st. augustine , isychius , prosper , primasius , eucherius , and others , collected by the [ſ century writers : where you may peruse them at leisure . with that of t faustus , rhegiensis episcopus : illis ipsis qui graviter apud nos delinquunt , nullam tristiorem , nullam acerbiorem possumus invenire sententiam , quam ut a corpore congregationis abscissi , sine pace discendant : and infinite other testimonies in all succeeding ages , proving excommunicated persons for scandalous offences , to be * totally secluded and cut off from the church of god and all publike ordinances therein whatsoever ; and not suspended only from the communion . which utterly subverts that new-found excommunication only from the lords table , introduced , exercised , and so much contested for by our novellizing ministers of late years , against the practice of the church and people of god in all former ages ; to the dishonor of christ and his sacrament , and the great prejudice , grievance , offence , scandal of their people ; which i trust they will now reform , upon this discovery and conviction of their error . finally , let all such remember , that iesus christ himself ( the only u author , instituter of this sacrament , for a perpetual remembrance of his death and passion , till his second coming in the clouds ) invites and calls all christians good and bad , for whom he died and shed his bloud , though the greatest , vilest , worst of sinners , and unworthiest of all others , to come unto this sacrament , as a most effectal means to heal , cure , convert , comfort , ease , refresh , sanctifie , confirm , save them , as the forecited passages out of luthers catechism , the practice of piety , all liturgies , and most writers of this sacrament , accord ; inviting none thereto , but such as confesse themselves most grievous sinners , standing in need of his free pardon , cure , grace , mercy , which they there expect to receive and get sealed to their souls ; whereupon they are all bound under pain of contempt of the greatest mercy , highest sin , and severest judgemeet , to resort unto it when they are thereunto invited , as well as to other ordinances , their sinfulnesse , unpreparednesse , being no discharge or exemption from this their bounden duty : which is a greater crime to forbear , than receive unworthily ; as being a total and higher wilfull contempt , undervaluing of this ordinance . that christ himself at its original institution * admitted judas himself unto it , though y a devil , theef , covetous wretch , a traytor to , and seller of him to his malicious crucifiers : together with peter , whom z he then foretold should within few hours after thrice together most shamefully deny him , as he did , and the other apostles , who a all soon after forsook him , fled ; and were all of them then b ignorant and uncredulous of the doctrine of his resurrection and ascension ( as i have c elsewere proved at large . ) and that purposely to manifest , that this sacrament ( which is but a visible word ) belongs equally to all visible members of every visible church , whether good or bad , regenerate or unregenerate , ( though it be a favour of life unto life to the one , and of death unto death to the other ) as well as the word preached ; and a converting as well as confirming ordinance , from which no churchmembers professing iesus christ , may or ought to be secluded . wherefore , if the disciple be not above his master , nor the servant above , or greater than his lord , ( as the d lord of this sacrament assures us ) then no minister of christ may , can , or ought ( under pain of highest antichristian insolency , pride , tyranny , and affront to christ himself , his kingdom , power , and soveraign authority ) to seclude or keep back any from his sacred table whom himself hath called , invited , admitted thereunto , upon any pretexts whatsoever . let every one therefore henceforth e bow and submit to christ herein , and no longer stubbornly stout it out against him , f lest he tear them in pieces suddenly , and there be none to deliver ; and seclude them for ever from his g table , kingdom in heaven , for suspending his invited guests from his supper , here on earth , without his commission , or command . i shall close up all with h st. cyprians words ( recorded likewise by i bishop iewel ) which i wish all our ministers to lay to heart : religioni nostrae congruit , et timori , et ipsi loco et officio sacerdotii nostri , custodire traditionis dominicae veritatem , et quod prius apud quosdam videtur erratum , domino monente , corrigere ; ut cum in claritate sua et majestate caelesti venire caeperit , inveniat nos tenere , quod monuit ; observare quod docuit ; facere quod fecit . and his words to cornelius the pope , ( registred in the k harmony of confessions out of the confession of auspurg ) how do we teach or provoke the people to shed their bloud in the confession of christs name , if we deny the blood of christ to them who are in this warfare ? or how shall we make them fit for the cup of martyrdom , if we do not first admit them by the right of communication to drink in the church the cup of the lord ? finis . errata . epistle page 4. l. 34. yea r. in , p. 5. l. 6. r. first , whereas , p. 13. l. 5. these , 〈◊〉 . p. 22. l. 7. experience , expedience . margin p. 9. l. 10. bending , blazing . page 2. l. 23. or , r. and , p. 4. l. 10. superatus , p. 9. l. 25. year , p. 13. l. 17. saith . p. 23. l. 2 ae . forecited authors . p , 24. l. 13. backs , p. 25. l. 18. ground . p. 28 , l. 3. dele it , p. 38. l. 19. formerly , r. frequently , p. 41. l. 13. on , by . l. 37. not , now . p. 49. l. 3. sacraments . p. 48 l , 35. into p. 53. l. 21 , as , a. p. 54. l. ult , and p. 55. l. 1. dele 7ly , l. 14. signs , p. 6. l. 15. ●or , or . p. 61. but , then . p. 64 ▪ l. 2. but will recompance even . margin , p. 38. l. 3. praebendae . p. 54. l. 3. gal. 4. 16. notes, typically marginal, from the original text notes for div a91267e-550 a rom. 1. 1. c. 10. 15. 2 cor. 5. 20. c. 6. 1. c. 8. 23. b in my 4. and 12. serious questions , ● and seasonable vindication of them . my 16 important questions . suspension suspended . independency examined . a full reply to brief observations . c 1 cor. 3 3 , 4. d rom. 10. 15 h●br . 13. 20. isay 9. 6. eph. 2. 14. to 22. e see mr. john daille his apology for the reformed churches , ch. 2. f john 13. 34 , 35 , c. 17. 20 , 21 , 22. eph. 4. 3. to 17. g psal. 133. 1. h phil. 1. 27. i ephes. 4. 3. k joh. 13. 3● , 35. l hab. 2. 1. m phil. 1. 27. jude 3. n ezech 2. 6. mat. 10. 26. 28. 31. o rom. 3. 8. p 2 & 3 e. 6. c. 1. 5 & 6 e. 6. c. 1. 1 eliz. c. 2. q see dod , downham , bp. andrews , elton , and others on the command●ments . r see ledesma his catechism ; officium beatae ma●iae , and popish primers which expunge it . ſ see cy-prian de symbolo , dr. jackson , and others on the creed : and all antient greek and latin liturgies . t see the book of ordination . u bish. j●wel d●fence of the apology , ●ar . 5. ● . 9. d●vis . 1. p. 489. 490. part . 6. p. 608 , and his reply to harding , art. 3. divis . 6. p. 117 , 118 and artic. 15. of reading the scriptures , p. 383 , &c. x harmony of confessions , sect. 10. to 16. y b●sh . jewels defence of the ●pol●gy , part . 5. ch. 9. divis . 1. p. 499. z exod. 15 1 &c. numb. 21. 17. deut. 31. 19 &c. judg. 5. 12 2 sam. 22. 1. 2 chron. 29. 27. ps. 18. 1. ps. 92. 1. cant. 1. 1. l. sa● 5. 1. c. 26. 1. c. 30. 29. c. 35. 10. c. 38. 10. amos 8. 23. c. 8. 3. a eph. 4. 14. jam. 1. 6. b see a transcript of a letter ●●om the summer hands at the end of my fresh discovery of prodigious bending stars . c mr. henry burtons vindication . d his vindication of the judgment of the reformed churches , & protestant diviues , concerning ordination , london 1647. e my suspension suspended ; ● legal resolution of 2. important questions ; a new discovery of some romish emissaries and popish errors . f bish. jewels reply to harding , p. 73. fox acts and mon. vol. 1. p. 910 , 911 , 912. g sessio 13. surius concil. tom , 3. p. 821 , 822. h a legal r●solution of two important quaeres . harmony of conf●ssions . sect. 10. to 16. i see my susperston suspended . tho. beacons catechism . k hist. angliae ▪ an. 1208 , 1214. p. 239. 240. mat. park●r , antiq ▪ eccles. brit. p. 148 149. &c. godwins catalogue of bishops , ● . 62. 63 , &c. fox acts and mon. vol. 1. p. 324 , 326 , &c. holinshed , speed , grafton and others in the life of king john . l acts and monuments , vol. 1. p. 324. m sessio 13. surius concil. tom. 3. fox , vol. 1. p. 783. n dr. drakes bounda●y , mr. collings juridical suspension , & others . o see gerson , & d. featlies grand sacrileg of the chur : of rome . p my short vindication of 4. serious questions . p , 17. to 29. & 47. q a brotherly and friendly censure , p. 6 , 7. an antidote p. 6. [ see my short vindicatication , p. 28. to 36. ] dr. drak●s b●nda●y , and o●hers . r dr. drake , mr. collins , & others ſ luke 12. 42. to 47. t 2 chron. 30 8. u 1 sam. 2 27 ▪ to the end x 〈◊〉 ●or . 11. 1 , 2. 3. ephes. 5. 1. ● . iohn 2. 5 , 6. y mat. 26. 26. to 30. mar. 14. 22. to 26. luke 22. 8. to 23. 1 cor. 11. 23 , 24. 25. * mat. 20. 19. c. 26. 32. 27. 63. mar. 8. 31. lu. 18. 33. c. 24 25. 26 ▪ 45. 46. z john 6. 70 , 71. c. 18. 2 , 3 , &c. c. 17. 12. 22. 6. mat. 26. 14 15 , 16. 47 , acts 1. 16. to 21. a mat. 26. 2. 17. to 26. mar. 14. 14. john 18. 28 , &c. b see the practice of piety , mr. rogers of the sacrament . d. drakes boundary , mr. collings juridical suspension . c 1 cor. 5. 7. ●3 . d de trinitat● , ● . 3. c. ● . e reply to har●ing ▪ see here , p ▪ 8. f in his 〈◊〉 ▪ ● 4●5 , 42● . see m● sus●●●●●● susp●●●● , p. 30 , 3● . * see m● . j●h● h●ms●● , his second vindication of free admi●●ion , p. 28. to 33. g ● cor. 11. 24 , 25 , 26 ▪ luke ▪ 22. 19 see he●e , p. 50 ▪ * such a cannot as we read of , 1 john 3. 9. gal. 5. 17. lu. 14. 20. mat. 6. 24. acts 27. 31. lu. 11. 7. rom. 6. 1 , 2. 2 cor. 13. 8. cant. 5. 3. which will well expound this cannot here . * 1 cor. 10. 16. here p. 5. &c. h see the directory . i mr. rogers , of the sacrament , the practice of piety , dr. drake his boundary , mr. collins juridical suspension . k see my suspension suspended , and vindication of 4 serious q●estions . l luke 12. 42 c. 22. 19. 1 cor. 10. 16 , 17. c. 11. 23 , 24 , 25 , 26. c. 9. 16 , 17. c. 4 ▪ 1 , 2. m ezech. 2. 1. to 8. 2 cor. 2. 15 , 16. hebr. 4. 2. 7. n 1 cor. 3. 6 , 7 , 8. heb. 4. 1 , 2 ▪ o ●u . 2. 34. c. 8. 18 ▪ c. 20. 18. isay 8 14. 15. c. 28. 16. rom. 9. 33. 1 pet. 2. 8. ma● . 10 14 , 15. c. 21. 44. mat. 16. 15 , 16. iohn 15. 22. ezech. 2. 3. to 9 1 cor. 11. 25. to 30. 2 cor. 2. 15 , 16. heb. 6. 6 , 7 , 8. p isay 1. 2. to 21. z●p . 2. 1. ez●ch . 6. 1. to 9. j●r . 3. 1. to 24. 2 chron. 33. 2. to 21. c. 36. 14 , 15 , 16. mar. 16. 15 , 16. rem . 10 18 19 , 20 , 21. tim. 1. 12. to 17. c. 2. 1. to 7. psal. 65. 2 , 3. ps. 95. 6 , 7. ps. 96. 1. 2. to 11. ps. 100 1 , 2 , 3 , 4. psal. 146. 11 , 12 , 13. acts 9. 1. to 23. q 1 cor. 5. 5. 7. 1 tim. ● . 20. * eus●b . eccl. hist. l. 6. c. 45. bishop jewels reply to harding , p. 35. r 1 cor. 5. 5. 7. 13 gal. 5. 12. 1 tim. 1. 20. tit. 3. 10. 3 iohn 10. bochellus decreta eccl. gal. l. 1. tit. 14. summa angel . et rosella . tit. excommunicatio . gratian , causa 11. qu. 3 ▪ articles of england , artic. 33. harmony of confessions , sect. 10 , 11 , 14 , 15. euseb. hist. l. ● . c. 46. ſ reply to harding , art. 2 d●vis . 25. p. 103 ▪ 104. t august . de eccles. dogma● l 1 c. 52. u hierom. contra luciferium . x cyprian de lapsis , serm. 5. * see mr. blake his covenant sealed , p. 233. y defence of the apology● ▪ part . 5. ●h . 16. divis . 1. p. 514 , 515. z contra crescon●um , l. 1. cap. 23. a contra cresco●●um , l. 2. c. 23. b de tempo●●●● , serm. ●0 . c de tempore , serm. 120. d d● pessi●● & ●ruc● dominis . e de ablutione p●dam . * see here , p. 45 , 46. f defence of the apology , p. 515. [ g ] aug. ad bonef . epist. 50. h see the 〈◊〉 in the common prayer bo●k ▪ heb. 〈◊〉 . 24. 30. m●t. 〈◊〉 . 14 ▪ 15. ●ct● 13. 45 , 46. 51. i aug. epist. 160. & in psal ▪ 3. * see perkins cases of conscience , book 2. c. 10. every man of years living in the church , and being baptized , is bound 〈◊〉 conscience by the commandement to use the lords supper . k see the book of ordination ; confirmed by the statutes of 5 & 6 f. 6. ● . 1. 3 ▪ ● . 6. c. 2. 8. el●z . c. 1. † see peter ●ombard , sent. l. 4. distinct . 35. henricus de vu●ruma & other schoolmen thereon : gratian de consec. d●st . 2. * phil. 2. 1. 2. * phil. 4. 8 , 9 , 23. notes for div a91267e-6330 a 4 serious questions , printed 1644. a vindication of 4. serious questions , a● . 1645 16 important questions touching ecclesiastical jurisdiction and censures . and suspension suspended , published 1646. b confessed by the whole council of basil . fox acts & monuments vol. 1. p. 909. besides those councils , fathers , protestant confessions , authors of all sorts quoted in my vindication of 4 serious questions , p. 12. to 29. & p. 47 ▪ c concil. constant . sess. 13. surius tom. 3. concil. p. 821. bella● min. suarez , and others . de integritate sacramenti , et communione sub utraque specie , concil. trident. sess. 21. c. 3. bishop jewels reply to harding , p. 72 , &c. d luke 14. 16 , 17 , 23. c. 22. 17 , 19 , 20. matt. 22. 3 , 4 , 9 , 10. c. 26. 26 , 27. 1 cor. 11. 23 , 24 , 25. &c. e cyprian , lib. 2. epist. 3. f ●mbros . in 1 cor. 11. see bishop jewels reply to harding , p. 72. g epist. l. 2. epist. 3. h bishop . jewels reply to harding , p. 79. i i herein follow the edition printed at london , 1609. * p. 21. vid. p. 70 , 71. to the same effect . k pag. 16. 23 , 24. l de sermo . dom. in monte . 12 , in johan . tract. 26. m ad luciniam in apologia , advers. jovinian . n in specula ecclesiae . o justin . martyr apol. p ibid. p. 11 , 12 , 13. q mr. harding tit. 15. divis . 7. fol. 155 b. r council brac. 2. cap. 84. seu ex synodo graeco collecto . ſ august . ●de trinit. l. 3. c. 4. t ibid. p. 18. 19. u chrysost. ad popul . antioch . homil. 61. x heb. 4. 2 tim. 2. y ibidem , p. 12 , 13. z eccles. 18. a clem. epist. 3. b tract. 10 : & 11. in johan . c de bono perseverantiae , l. 2. c. 13. d 〈…〉 dist. 17. e in concil. lateran . c. 21. f de potestate ecclesiae . g de paenitentia , & in psal. 50. hom. 2. de lazaro , hom. 4. h de paenitentia , dist. 1. quidam deo. i 1 cor. 11. k ad popul . antioch . hom. 61. l de sacramentis , l. 5. c. 4. leo epist. 81. m bishop jewel , ibid. p. 16. 19 , 26. 71 , 89 , 90 , 97. n mat. 26. mar. 19. luk. 22. 1 cor. 11. o in 1 cor. 11. p in apolog. 2. p. 82 , 83. q ambr. 1. cor. 11. r strom. l. 1. ſ chrys. in 1 cor. hom. 23. t chrys. in 2 cor. hom. 18. u ad philadelph . x can. apost. can. 9. y de consecratione , dist. 1 , & 2. z is●odorus , in lexico . a august , ad paulinum , epist. 59. b de missa publica proroganda . c bish. jewels reply to harding , p. 103 104. d cyprian , serm. 5. de lapsis . e aug. de eccles. dogmat . l. 1. c. 52. f hieron. contra luciferium . g cyprian de coena dom. h ibidem , p. 20 , 21 , 22 , 23 , 28 , 29. i 1 cor. 12. k contr. 〈◊〉 stum manich. l. 19. c. 11. l ecclesiast . hierarch . c. 3. m ad pop . antioch . hom. 61. n de coena dom. o acts 4. p john 17. q philip . 2. r gal. 3. ſ in johan . l. 11. c. 26. t in ecclesiast . c. 3. u in 1 cor. 10. x ad magnum . * haeretici ordinem & textum scripturarum supergredientes , & quantum in ipsis est solventes , membra veritatis transserunt & transformant , & alteram ex altero sacientes , seducunt multos , ex his quae aptant ex domimcis cloquiis malo composito phantasmati , irenaeus adv. haereses , l. 1. y ibidem , p. 23 , 24. z 1 cor. 10. 16 , 17. a hierom. 1 cor. 11. b in 1 cor. hom. 27. c in johan , tract. 26. d in 1 cor. homil. 24. e in dionys . cap. 3. * page 100. f in 1 cor. 10. g in speculo ecclesiae . h de missa publica proroganda . i de ecclesiae observationibus . k ibidem p. 24. l see bishop jewels reply to harding , p. 11 , 13 , 38 , 39 , 48 , 51 , 359 , & my suspension suspended , p. 24 , 25 , 26. m chap. 12. divis . 2. p. 228. n durand . in rational . l. 4. c. 55. o in luc. c. 24. p contra musculum , de sacrificio . q in canon . missae . r in 1 cor. 11. ſ harmony of confessions , sect. 14. p. 307 t ibid. p. 349. u ibid. p. 331 * ezech. 3 9. zech. 7. 22. x see dr. drekes boundary to the holy mount . mr. collings , and others . y bish. jewels reply to harding , p. 20 , 21 , 23 , 24 , 29 , 32 , 38 , 27 , 28. z bish. jewels reply , p. 24. 29 , 30 , 35. harmony of confessions , sect. 14. a 13. eliz. c. 12. b harmony of confessions , 12 section , p. 285. see 14. sect. p. 360. b bish. jew●●s reply to harding , p. 11. 12. 53 67 29. apostol. canones can. 9. harmony of conf●ssions , sect. 14. p. 344. c mat. 26. 26 , &c. ma● . 14. 22 , &c. luke 22. 19 , 20. 1 cor. 11. 23 , &c. * harmony of confessions , sect. 14. d reply to harding , p. 19. e ambr. in 1 ad timoth. c. 2. non quotidi● . f haec autem est commmunis theologorum doctrina , sacramenta conferre gratiam , vel faciendo , ubi non invenit factam , vel factam augendo . nostra sacramenta dicuntur salvare , regenerare , &c. bellarmin . amesii bellarminus enervatus , tom. 3. l. 1. c. 4. g de trinit. l. 3. c. 4. h a vindication of 4 serious questions , p. 39. to 48. suspension suspended , p. 24. to 39. see mr. humsrey his rejoynder to dr. drake . his 2. ●indication of free . admission to the lords supper , p. 32 , 33 , &c. mr. blake his covenant sealed , p. 204. 240. i see my suspension suspended , p. 36 , 37. concordia lutherana , p. 542. to 550. k bish. jewels reply , p. 11 , 12 , 13. 29. 69. chrysostom . in ephes. homil. 3. * 5 & 6 e. 6. c. 1. 1 eliz. c. 2. l mr. rutherfords divine right of church gov. p. 252 , 253 , 254 , &c. a brotherly and friendly censure , p. 5 , 6. mr. drake , p. 179 , 180. mr. coll. and others . m an antidote against 4 ▪ dangerous questions . a brotherly and friendly censure mr. drake his boundary to the holy mount . mr. collings , mr. saunders , and others . a mr. dr●k● , mr. collings , and others . b a vindication of 4 serious questions p. 38 , 39. four serious questions , p. 3. c mr. humsr●ys second vindication of free admission to the lords supper , sect. 12. p. 71. &c. d exod. 22. 31. c. 19 6. levit. 11. 44. c. 19 2. c. 20 7. num. 15. 40. c. 16. 3. deutr. 7. 6. c. 14. 2. 21. c. 26. 19. c. 28 9. ezra 8. 28. c. 9. 2. isa. 6. 13. c. 62. 12. dan. 8. 24. c. 12. 7. e exod 3. 7. 19. c. 6. 7. c. 7. 4. c. 33. 15 , 16. levit. 20. 26 c. 26. 12. deut. 9. 29. c. 10. 15. c. 29. 13. c. 32. 9. 43. 1 sam. 2. 24. c. 12. 22. 2 sam. 7. 7. 11. 23 , 24. 1 kings 8. 16. 36. to 52. c. 14. 7. 2 kings 11. 17. 1 chron. 17. 21 , 22. c. 29 17 , 18. 2 chro. 6. 6. 24. 39. c. 23. 16. psal. 38 9. psal. 29 11. ps. 47. 9. ps. 50 7. ps. 68. 7. 22. ps. 77. 15. 20. ps. 78. 1. 20. 52 62. 71. ps. 79. 13. ps. 81. 11 , 13. ps. 85. 2. ps. 94. 5. ps. 95. 7. 10. ps. 100. 3. ps. 106. 4. 40. ps. 111. 6. 9. ps. 135. 12. ps. 148. 14. isay 1. 3 , 4. c. 3. 12. c. 5. 13. 25. c. 40. 1 , 2. c. 58. 1. jer. 2. 11 , 12. 31 , 32. c. 5. 26. 31. ezech. 13. 9. 19. dan. 9. 20. hos. 4. 6. 8. 12. joel 3. 3. amos 7. 8. 15. c. 9. 13. obad. 13. mich. 2. 4 , 8 , 9 , c. 3. 3. 5. c. 6. 2 , 3 , 5. zeph. 2. 9 , 10. zech. 8. 7 , 8. f mr. rutherford , divine right of church-gov . p. 280. dr. d●●k●s bound●y , mr. collings suspension . g dr. drakes boundary , p. 113 , 114 , 115 , &c. see mr. hum●ryes rejoynder to it , p. 159 , 160 , &c. h mat. 15. 27. * isay 1. 2. * extrav. de concessione praehendâ , &c. in glossa . reply to harding , p. 234. i reply to harding , p. 24. 100. k bishop jewels reply to harding , p. 12 , 13 , 18. & defence of the apology , p. 226. l bish. iew●l ibid. p. 3. to 12. 279 , 280 , 281. 365 , 366. m harmony of confessions , sect. 12. 14. n artic. 25. o mat. 26. 26 , 27. mar. 14. 22 , 23. 1 cor. 11. 23 , &c. p gregor. dial . l. 2. c. 23. bishop jewels reply to harding , p. 365. mr. fox acts and monuments , vol. 3. p. 1 , 2. * harmony of confessions , sect. 14. q in my 12. queries . my vindication of 4 serious questions ; and suspension suspended . r dr. drakes boundary . mr. collings in his suspension . ſ primum l●gant , deinde causas in cos quaerunt . cyril . in johan . l. 12. c. 45 ▪ iust. ●yd●ord law : iew●ls reply to harding , p. 358 t mr. harding against jew●l : see ●is d●fence of the ●ipology , p. 263 ▪ 264. ●●ss●le romanum , pontificale romanum , ho●ae ●eatae mariae ; l●desma his ▪ catechism . bel●armine , de veneratione eucharistiae . bishop jewels reply to harding , p. 283 , 284. amesius bellarmin . enervatus , tom. 3. l. 4. c. 8 u ●ish . iewels reply to harding , p. 282 , 283 , 284. 305 , 306. 453. bishop morton against masse-ceremonies . x defence of the apology of the church of england , ch. 14. divis . 2. p. 260 , 261 , 264. y in johan . tract. 50. z in epist. ad ephes. hom. 20. a super missus est . hom. 3. b in serm. de 4 feria , c. 1 c beda in 1 cor. 10. d reply to harding ▪ p. 284. e in malac●i . c. 1. ( f ) see bishop jewels reply to harding , p. 283 , 284 , &c. ( g ) dr. drake his boundary , mr. collings . mr. rogers , of preparation to the sacrament . the practice of piety , touching preparation for the sacrament . ●ntidote against 4. qestions . ( h ) bonavent . in 3. sent. dist. 4. art . 2. qu. 2. and others thereon . summa angelica , tit. meritum . i concordia lutherana , p. 242. to 252. nota. k edit. 31. p. 402. 435. l page 451 , 452 , 453. m 1 sam. 6. 19. n col. 2. 39. o mat. 3. 11. p luke 5. 8. q matt. 8. 8. r mal. 9. 20. 21. ſ mat. 9. 12. 13. c , 11. 28. t ibid. p. 458 u rom. 7. 14. 24. x mat. 9 13. c 11. 28. c. 22. 1. &c. y ibid. p. 408. * nam . 9. 11. heb. 2. 9. mat. 22. z mat. 26 , 26 1 cor. 11. a john 13. 1. b heb. 10. 28 , 29. c ●poc . 19. 9. c dr. drake his boundary , mr. collings his juridical suspension . f apology of the church of england , c. 12. divis . 3. defence , of the apology , p. 228 , 229 , &c. reply to he●ding . p. 71 , 72 , 73 , 74 , 75 , &c. 82. 108 , 109. dr. fea●lies grand sacrilege of the church of rome . g in tractatu contr. haeresin communicandi laicos sub utraque specie . h reply to harding , p. 73. i gratian de consecr. dist. 2. &c. k 1 e. 6. c. 1. 5 , & 6. e. 6. c. 1. 1 eliz. c. 2. 3. iac. c. 4 , 5. l see dr. drakes boundary . mr. collings his iuridical suspension . the divines of syon college consid●rations and cautions , iune 9. 1646. p. 5. &c. m luke 22. 19 , 1 cor. 11. 24 , 25 , 26. mat. 26. 26. &c. n 2 chron. 30. 8. o gal. 16. p psal. 141. 5. 1 sam. 25. 32 , 33 , &c. prov. 9. 8. c. 24. 25. c. 28. 23. q tit. 1. 13. r rev. 2. 5. ſ reply to harding , p. 20. 21. 93. 112. harmony of confessions , sect. 12 , 13 , 14 , 15. articles of england 28. harmony of confessions . sect 14. august ▪ de consensu evangel. l. 3. c. 25. t contr. faustum manich : l. 19. c. 11. * harmony of confessions , p. 306. 310. * ibid. sect. 15. p. 360. u see lucas osiander , contra anabaptist . de ecclesia , c. 6. quaest. 3. &c. harmony of confessions , sect. 10. to 16. x mr. rutherford , divine right of church gov. p. 280. dr. drakes anti-queries , and boundary , mr. collings juridical suspension , mr. gillespy and others . y 〈◊〉 13 , 〈◊〉 conc●● . ●om 3. p. 821 , 822. see harmony of confessions , sect. 14 ● . 324 , 325 , 330 , 340 , 351. bishop jewels reply to harding , p. 72. ae●aeas sylvius hist. concilii . basiliensis . fox acts and monuments . vol. 1. p. 905. to 912. history of the council of trent . * fox acts and monuments , vol. 1. p. 909. a fox 〈◊〉 & monument● , vol. 2 p 87 , 〈…〉 &c. 〈…〉 and the letters of 〈…〉 . b 〈…〉 against the anabaptists . harmony of confessions , sect. 10. ●0 15 : articles of england , art . ●6 . c see a reply of 2. of the brethren to ●● . mr. burtons 〈◊〉 of independency , mr. edward gangraenaes . d see mr. rutherford , gillespy , d● . d●●ke , 〈◊〉 colling● , syon college , the 〈…〉 ministers , 〈◊〉 books of this subject . e see mr. edwards gangraenacs . * harmony of conf●ssions , sect. 14 and practice of 〈◊〉 . f reply 〈…〉 . 18. f see concordia lutherana , p. 542. & my suspension suspended , p. 36. h see mr. humfrey his reply to dr. drake , p. 154. i see the harmony of confession● , section 10 , 11 , 12 , 13 , 14 , 15. articles of england , art . 19. 26. k articles of england , artic . ●8 . * 1 cor. 1● . 28. 31. * harmony of con●●ssio●s , s●ct 14. 308 , 310 , 314 , 315 , 322 , 339. * see my n●w discovery , p. 38 39. * 1 pet. 4. 15. 1 thess. 4. 12. x jer. 17. 9. 10. 1 sam. 16. 6 , 7. acts 1. 24. y 1 ●●ro . 28. 9. 9. 1 kings 8. 39. 2 tim. 2. 19. z mat. 23. 27. 28. acts 20 , 30 1 〈◊〉 . 2. 18 , 19. a see 1 sam. 1 11. to 19. 1 kings 19. 14 18. * as all anabaptists , q●ak●rs , s●ctaries , now do . b harmony of confessions , sect. 10. to 16. c cans voice from the temple . audlands , spe●ds , and other q●akers late pamphlets . d abba●i , theon● . de ● elle vonum , collatio . c 21. b●●● . patrum , tom. 5 ●ars 2. p. 229. e epist. 14. bi●l . patrum tom. 1. p. 93. b. f bibl patrum . ●om . 6. ●ars 2. p. 275 e. g anastatius si●nita , qu●●st . 7 bibl patrum . tom. 6. pars 1. p 725. tertu●lian apologeti●us . beati rhenani annotat. in tertull. de corona m●l●●●s , p. 734. c●nt . m●g●l● 2. to 8. cap. 6. de ri●●bus circa ●●n●m . h reply to harding , p. 30. 35. eusebius ecclis . hist. l. 6. c. 36. nicep . l. 6. c. 6. cent. mag. 3. col . 133. i eus●bius eccles. hist. l. 6. c. 63. nicephorus eccl. hist. l. 6. c. 6. bishop jewels reply to harding , p. 35. k nicephorus l. 6. c. 37. cent mag. 3. c. 7. col . 151. l niceph. l. 5. c. 25. cent. 3. col . 144. 151. m theodores hist. l. 5. c. 18. n sozomen , l. 6. c. 25. o theodoret , hist. l. 1. c. 2. 4. centur. magd. 4. col . 414. p epist. 28. 38. 40. 54. 62. edit. pamelii , & de oratione , lib. q homil. 7. & 22. in josuam . hom. 13. in ezech. hom. 3. et 12. in hieremiam . tract. 15. in matth. r epistola 〈…〉 patrum ▪ tom. 3. p. 47. [ſ cen● . mag●eb . 3 , 4 , & 5. c 4. de clavibus . t a● monac●os scrmo . bibl. patrum . tom. 3. p. 500. b. * see my new discovery , p. 41 , 42. u 1 car. 11. 22. to 30. [ x ] mat. 11. 28 29. c. 22. 2. to 1. rev. 22. 17. isay 55. 1 2. compared w●●h mat. 14. 23 , 24. mat. 26. 26 , 27 heb. 9. 19 , 20 , 1 cor. 10. 1 , 2 , 3 , 4. 16 , 17. c. 11. 20. to the 〈◊〉 * see my vind●cation of 4. serious questions , p. 17. to ●9 . y john 6. 70 , 71. c. 12. 6. mat. 26. 14 21. 2● . 47 , &c. acts 16 , 17 , 18. z mat. 26. 33 , 34 , 35 , 69. to the end , mar. 14. 66 , &c. lu. 22. 25 , &c. john 18 , 15 , &c. a mat. 28. 56. b mar. 16. 11 , 12 , 13 , 14. lu. 24. 21. to 49. johan 20. 2. to 30. c a vindication of 4. serious questions , & suspension susp●nd●d . d john 13. 16 c. 15. 20. mat. 10. 24. e phil. 2. 10 , 11. rom 14. 11. f psal. 50 22. g mat. 26. 29 r●v. 19. 9. lu. 22. 16 30. h ad cacil . l. 2. epist , 3. i reply to harding , ●ag . 107. k section 14. p. 332. a brief necessary vindication of the old and new secluded members, from the false malicious calvmnies and of the fundamental rights, liberties, privileges, government, interest of the freemen, parliaments, people of england, from the late avowed subversions 1. of john rogers ... 2. of m. nedham ... / by william prynne ... prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56142 of text r1799 in the english short title catalog (wing p3914). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 168 kb of xml-encoded text transcribed from 33 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56142 wing p3914 estc r1799 12242378 ocm 12242378 56822 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56142) transcribed from: (early english books online ; image set 56822) images scanned from microfilm: (early english books, 1641-1700 ; 875:44) a brief necessary vindication of the old and new secluded members, from the false malicious calvmnies and of the fundamental rights, liberties, privileges, government, interest of the freemen, parliaments, people of england, from the late avowed subversions 1. of john rogers ... 2. of m. nedham ... / by william prynne ... prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56142 of text r1799 in the english short title catalog (wing p3914). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread [2], 62 p. printed, and are to be sold by edward thomas ..., london : 1659. reproduction of original in huntington library. eng rogers, john, 1627-1665? nedham, marchamont, 1620-1678. great britain -history -commonwealth and protectorate, 1649-1660. a56142 r1799 (wing p3914). civilwar no a brief necessary vindication of the old and new secluded members, from the false malicious calumnies; and of the fundamental rights, libert prynne, william 1659 28421 137 5 0 0 0 0 50 d the rate of 50 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2005-12 tcp assigned for keying and markup 2005-12 aptara keyed and coded from proquest page images 2006-11 ali jakobson sampled and proofread 2006-11 ali jakobson text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion a brief necessary vindication of the old and new secluded members , from the false malicious calvmnies ; and of the fundamental rights , liberties , privileges , government , interest of the freemen , parliaments , people of england , from the late avowed subversions 1. of john rogers , in his un-christian concertation with mr. prynne , and others . 2. of m : nedham , in his interest will not lie . wherein the true good old cause is asserted , the false routed ; the old secluded members cleared from all pretended breach of trust ; the old parliament proved to be totally dissolved by the kings death ; the sitting juncto to be no parliament and speedily to be dissolved by the army-officers ; the oathes of supremacy , allegiance , fealty to the king , his heirs and successors , to be still binding , continuing : the new commonwealth to be the iesuites project ; ch. stewart not sworn to popery , as nedham slanders him ; the restitution of our hereditary king and kingly government , not an vtopian republike , evidenced beyond contradiction to be englands true interest both as men and christians ; and the only way to peace , safety , settlement . by william prynne of swainswick esq a bencher of lincolns-inne . the second edition . jer. 51. 9 , 10. we would have healed ( english ) babylon , but she would not be healed ; forsake her , and let us go every one to his own country ; for her judgement reacheth unto heaven , and is lifted up even to the skies : the lord hath brought forth our righteousness ; come and let us declare in zion , the work of the lord our god . ps. 63. 11. but the mouth of them that speak lies shall be stopped . london , printed , and are to be sold by edward thomas at the adam and eve in little britain , 1659. a brief necessary vindication , of the old and new secluded members , &c. on the 17. of this instant september , ( during my private retirement in the country for my health and quiet ; ) i received 2. books , fraught with malicious calumnies , bitter scoffs , insufferable reproaches , against my self and other secluded members ; yea destructive to the very fundamental rights , liberties , privileges , government , interest of the freemen , parliaments and realm of england , for which we have so many years contested . the 1. of these thus intituled , a christian concertation , with m. prynne , m. baxter , m. harrington : for the true cause of the commonwealth , &c. by j. rogers . a most scurrilous 〈…〉 fraught with absurd impertinercies , conjuring , canting , new coyned a swelling words of vanity , odious comparisons , bitter scoffs , raysing epethites ; b loathsom , stinking obscene queres , defiling the very air ; c boyish tricks , playing with mens names and reputations , ( which he d severely censures in others , yet is most guilty of himself ) displaying him to be , rather a e conjuring sorcerer , than gospel-minister , an apostate scoffing lucian , than sober real christian , standing much in need of the f several pills he prescribes mr. baxster , to purge his filthy stomack , spleen , brain , heart , pen , from such rotten stinking humors for the future ; almost every page in his book , being either g scandalum magnum , or scandalum magnatum , to use his own expressions against all dissenting from him ; but an h egregious flattery of his own faction . the 2. interest will not lie : or , a view of englands true interest , by mar● nedham ; which had he intituled , interest will lie : or , a view of englands false interest , by mar. — england ; it had been a true character of it . the first , most furiously chargeth me ; and my secluded companions in the van , the later in the rear : the one with whole vollies of fired squibs , more like a whiffler , than a m●skateer ; shooting nothing but wild-fire , and i bitter words , without bullets . the other like a trumpeter , rather than a trooper , sounding a fierce charge against us with his trumpet , without wounding us with his lance or sword , which are very obtuse . to avoid prolixity , impertinence , and repetitions , i shall reduce all the material differences between us into 6. distinct questions , wherin i shall refute what they have published , relating to my self , the other secluded members , the rights , privileges , interest of our parliaments and nation , with all possible brevity ; omitting their personal scoffs , and scurrilities . the 1. question , question 1 between j. rogers and mr. prynne , ( wherein nedham hath no share ) is but this . whether the defence , maintenance of the true protestant religion ; the kings royal person , authority , government , posterity , the privileges and rights of parliament , consisting of king , lords and commons , the laws , statutes of the land , the liberty , property of the subject , and peace , safety of the kingdom , were the only true and good old cause , for which the long parliament , and their armies , first took up arms in 1642. and continued them till the treaty with the king , 1648. as mr. prynne asserts and proves ( like k a lawyer , by punctual evidences , witn●sses , votes , declarations , remonstrances , ordinances of both houses ; yea of the army-officers , generals , council , during all the wars ) in his good old cause rightly stated ; his true and perfect narrative ; the re-publicans and others spurious good old cause briefly and truly anatomized ; and in his concordia discors : or , whether the erecting of a new commonwealth , and parliament without a king and house of lords , and majority of the commons house upon the ruines of the late king , kingdom , parliament , since 1648. to 1653. and the reviving of it may 7. 1659. by some swaying army-officers , and the farr minor part of the old commons house confederating with them , by meer armed power secluding the greatest number of the surviving members , and whole house of lords ; which j. rogers endeavors to prove like a logician , without any evidence , witness , but his own ipse scripsit ; though l professedly disclamed by both houses of parliament , and the army too , in sundry printed declarations , as the highest scandal , never once entring into their loyal thoughts ? when this logician with all his sophistry , anatomy , pills , physick , can make that which was never in being , but since 1648. as we all know , and himself asserts in his concertation , p. 7 , 9. to be the good old cause ( in being m long before the last parliament of king charles ) for whose defence they first took up arms , in 1642. or , that cause which never once entred into their thoughts , and was professedly disclamed till 1648. to be the cause they proclamed and fought for , from the wars beginning ; he must yeeld up his spurious good old cause , as desperate ; his scurrillous goos-quils ( to use his n own words ) dashing the gall of his ink upon mr. prynnes former papers to little purpose , in this particular ; but to blot them a little , not to answer them a line , nor the argument of them in the least . the 2. question is this , question . 2 whether mr. prynne , with the majority of the commons house , and whole house of peers , were forcibly secluded the parliament by the army , for any real breach and forfeiture of their trusts , in 1648. or ever legally impeached , convicted thereof either then , or since , before any lawfull judicature ? this rogers briefly and not very positively affirms , p. 7. but nedham averrs and makes it his masterpiece , insisting on it at large from p. 28 , to 37. ( wherein his interest doth nought else , but lie ; ) as the basis whereon his pre●eve● parliament , and rep● blike are bottomed ; which fast or stand upon the truth or falshood of it : wherein he is so peremptory , as not only to proclame us 〈◊〉 ( to the present and succeeding generations ) in the highest degree ▪ without hea●ing or ●●ial , but to pronounce this peremptory sentence against us ; a that not only by the law of necessity ( which they pleaded that acted it but ) 〈◊〉 by the * law of the land , they might have been called to account for their lives in a capital manner : but were favourably , as well as iustly dealt with , in being depri●ed only of their interest in the house , when as their 〈◊〉 might have been required . so this impudent , insolent headsman , ex tripode , magisterially determines . this question , so highly concerning us in our present and future reputations ; and the right , freedom of parliaments and their members in all generations , i shall more largely debate ; and for ever acquit my self and fellow-secluded members , from this scandalum magnum ●t magnatum , long since b cleared , refuted by us , yet now revived afresh against us , in the highest degree . i shall desire the readers to consider ; 1. that those who full accused us breakers of our parliamentary trusts reposed in us , were neither the respective counties , cities , boroughs , who elected , authorized , returned , trusted us for their knights , citizens , burgesses in parliament , the only fit accusers and judges of us out of parliament , who all absolve and justifie us against this calumny ; nor yet our fellow-members , or house of lords , the onely meet impeachers , judges of us in parliament , if guilty ; but meerly the general council of officers in the army ; who neither elected nor intrusted us ; were but our mercinary , sworn servants , not our supream iudges ; yet most notoriously , traiterously , perfidiously violated both their trusts , faith , duties , by waging war against us , and forcibly seising , secluding us , contrary to their commissions , the protestation , s●lemn league and covenant they had all subscribed . and were these fit persons to accuse us then or now of breach of trust , who are such grand trust-breakers , traytors themselves ? 2 ▪ that this breach of trust , was not so much as objected against us by them , before , nor at their treasonable sodain secluding and securing us , decem. 6. & 7. 1648. therefore it could not be the true cause of our seclusion , but a subsequent pretence : for these officers to mutiny , the common souldiers against us , told them ; that the members ▪ they 〈◊〉 at the house door , were those who pursed up and kept away their pay from them ; and that was the only cause the common soldiers as●isted them to secure us , else they would not have medled with any of us ; as they told me and col : birch in the 〈◊〉 court the day we were seised . whereupon i assuring them , it was a grosse untruth ; for neither of us then secured , was a treasurer or receiver of monyes ; they answered , they were informed the contrar●●●y their officers , and 〈…〉 we were thus abused , and 〈◊〉 out of the house upon such a false suggestion . 3. that they never charged us with breaking our trusts , till ●ear a full month after our seclusion and securing ; and that upon this occasion , as nedham himself relates , p. 31. upon the armies seising us decemb. 6. the m●mbers then sitting in the house , sent out the serjeant into the queens court , where we were detained , to command our attendance in the house ; but the soldiers detaining us prisoners , would not permit us to go to the house : thereupon he was sent the second time , with the 〈◊〉 to fetch us in ; but the officers staid him at the house door , and would not permit him to pass : which was 〈◊〉 in the ●ournal book , as a contempt . being startled with this sodain force on the house , they concluded not to procéed in business till their members should be 〈◊〉 ( therefore they judged them no breakers , but performers of their trust , when seised and secluded by the army ; ) and in the mean time ordered , that the general should be sent 〈…〉 of the armies proceedings in seising the members ▪ upon this , the general council of officers not before ●anuary 3. 1648. ( when they had not left 50 members in it ) returned their answer to them , that they were 〈…〉 , ( upon meer forged pretences ) and that these members 〈…〉 which occasioned their to 〈◊〉 and seise them . a pretty excuse and cloak for see transcendent a treason . 4. that in this answer , they most falsly scandalized , traduced the secluded and secured members , as nedham doth in their terms , with some additions of his own , which i shall briefly refute : 1. he saith , that mr. prynne and his party heretofore and now secluded , did seclude and separate themselves from the publike interest before they were secluded , p. 28. but wherein he tells us not . and is this either evidence or conviction to seclude us ? a quis insons erit si accusasse sufficiat ? 2ly . he addes , our seclusion is justifiable by lex talionis , because we had some time before secluded the honest party of the house , by encouraging the apprentices who came to the house door , draveaway the faithful party ( of which the members now sitting are principal ) ●hat the speaker and they were forced to fly out of town for 〈◊〉 to the army , &c. and mr. prynne and all his party approved this procéeding . here interest lies for the whetstone : for 1. mr. prynne sate not at all as a member in the house , till novemb : 7. 1648. being elected but in august before , without his privity , and much against his will : this tumult was in july , 1647. above a year and quarter before ; yet mr. prynne must then assent to it , as a member , and be guilty of it and all his charges , p. 30 , 31 , 32. before he was a member , and be for ever convicted and silenced thereby . 2ly . there was never the least colour1 of truth or proof , that any of the secluded members raised , or encouraged this tumult of the apprentices . 3ly . most of them , to my knowledge , did then both in publike and private , declare their dislike thereof as much as any now sitting . 4ly . these apprentices secluded not one member out of the house , much lesse secured any , as the army did ; but only kept most of them in the house , till their petition was answered by them ; upon which they all departed without any future force : after which the house adjourned from monday night till thursday morning , because of the general fast the wednesday following . 3ly . the members pretended to be forced out of town by this tumult , and to fly for protection to the army , departed not thence , till some army-officers sollicited them by perswasions and menaces to repair to the army and leave the house , against their judgements , as divers of them have confessed . particularly mr: lenthall the speaker being at the fast in margaret● church the wednesday following , discoursing with sir ralph ashton , sir benjamin rudyer and 4 more members sitting with him , between the two sermons ; told them of his own accord that there was a scandalous report raised in town , that he meant to leave the house and run away to the army : but for his own part , he seriously protested he had not any such thought or intention , but resolved to continue in town , and to live and die with the other members in the house , if there were cause . on thursday morning most of the members appeared at the house , expecting the speakers coming till near 11 of the clock , and sent 2 or 3 messengers for him . at last they were informed , that he was sent for , and gone that 〈◊〉 to the army . whereupon sir ralph ashton and those who sat with him at the fast , related his words in my hearing ( being then casually in the house ) to the other members , and sundry times since to the house and to my self ; hereupon the members present were necessitated to chuse another speaker pro tempore , ( as they had oft times done in case of sickness or absence , both before and since ) to supply his place , adjourn ▪ and dispatch the businesse of the house : so as the speaker and members then departing to the army , without the houses leave or privity , voluntarily secluded themselves , and were neither secluded by the apprentices , nor their fellow-members ; who were so farr from secluding , that they sent sundry messengers to call them to the house , and were highly discontented at this their causless departure from it . 5ly . these apprentices came without any arms at all to the house , only with a petition ( occasioned by the army-officers encroachments upon the cities militia , and privileges , ) without any intention to seclude or secure any one member , departing from the house that day , and never returning to disturb them after . but the undutifull army-officers , who so much declame against this unarmed force as treasonable ; against both houses votes , orders , letters to them , not only brought up the army to westminster , placed whole regiments of them in arms at their very doors , who secluded the whole house of peers , and above two parts of three of the commons house ; giving the captains of the guards a particular list whom to secure , whom to seclude , and whom only to admit ; but likewise continued their forcible great armed guards upon the houses , several weeks , yea moneths , and detained me with other members prisoners under them two or three moneths ; and that after this pretended force of the apprentices , ( no wayes parallel to theirs , who were purposely raised to guard us , not seclude us ) which they so much condemned ; and the speaker himself in his printed letter of july 29. with the rest upon their return to the house in their ordinance of august 20. 1647. so far branded , as to make and declare all proceedings during their absence voyd , by reason o● 〈◊〉 therefore what ever other men may do , nedham ( to use his own words , p. 29. ) and his now sitting party , the army-officers and all their adherents , must henceforth be silent , and for shame lay their mouthes in the dust for ever , as to this particular . for , if our falsly pretended encouraging , conniving at this unarmed sodain tumult of the apprentices in july , 1647. were a sufficient ground for our seclusion from the house as infringers of our trusts ; then their evident , apparent fore-plotted encouraging , conniving at and justifying the armies force upon the house it self and the xi . members twice or thrice , anno 1647. and on the majority of the commons , and whole house of lords , 1648. and now again on mr: p : and others of them may 7. & 9. 1659. must for ever disable and seclude them to sit or act as members in the house , by their own law and plea . 3ly . all the rest of his objections , p : 29 , 30. ( taken out of the officers answer , jan : 3. ) as they concern not mr: prynne , being then no member ; so they were so satisfactorily answered , refelled as most false and scandalous , by the secured and secluded members themselves , in their vindication in answer thereunto , printed 1649 : p. 7 , to 22. that impudency it self might blush to revive them now : to which i referr the reader for satisfaction . only whereas the officers then , and nedham now object , that the malignant and neutral party in the ho●se to gain the major vote , upon new elections , by indirect means , brought in a floud of malignants or neuters into the house ; i shall adde to what the secluded members then replied unto this forged aspersion in their vindication , p. 7 , 8. first , that all the secluded members came in upon fair and unquestionable elections , upon the new recruit ; but many of those who sate both before , at , and after our seclusion , upon * most foul ones , voted voyd long before by the committee of privileges , as humfry edwards , & fryes elections were , who yet continued sitting . 2. that most of these new members were brought in by the force , power , and menaces of the army , and solicitation of their solicitor general and chaplain , hugh peters ; who like an vbiquitary , was present at the elections for most counties , cities and boroughs throughout england , and well bribed for his pains , to canvas for voices for the armies instruments . 3ly . that 22 of those 42 members called in by the army-officers , may 7. 1659. and * above half of those who sat with them since , came in upon this new recruit of malignants and neuters . 4ly . col. ireton , harrison , skippon , rich , ludlow , ingoldesby , mountague , white , sydenham , bingham , jones , yea fleetwood himself , the swaying army-members when we were secluded , and chief actors in it ) came all in upon these new elections ; some of them being prime authors , members of this new convention invited in fleetwoods name and army-officers to sit , and authors of our new seclusion : therefore the armies and nedhams slander of our pretended filling the house upon the new recruit with malignants ( as these have proved to us at least ) must recoyl wholly upon themselves , as such , and be a real ground for their , not our seclusions . lastly , if our filling the house by new elections to get a major vote , were a crime demeriting seclusion from it : certainly their emptying the house then and now to get a major vote by secluding most of the members , must be a crime and practice , demeriting an expulsion . 5. the army-officers themselves in their very answer , waved all these calumnies , as no ground of our seclusion ; declaring to the sitting members ; that the sole cause of our seclusion , was , the vote we passed upon the long nights debate : that the answers of the king to the propositions of both houses , was a ground for the house to procéed upon for the settlement of the peace of the kingdom : which vote being passed a after 3 dayes and one whole nights solemn debate , without dividing the house , notwithstanding the armies march to the very doors . hereupon the army-officers ( to wrest both the regal and parliamental power , & kings revenues into their own hands , prevent all hopes of future peace , settlement , and involve us in endless wars , changes , revolutions , as visible sad experience hath evidenced ever since ) mutinying the common soldiers against us by misreports , the very next morning dec : 6. marching with several regiments of horse and foot to the doors of both houses , ●uarding all accesses to them ; where they seised my self , with above 40 members more at the house door going to discharge their trusts , pulled two members out of the house it self ; secluded and chased away above 200 members more , besides the lords whole house . and whether the passing of this vote alone after 6. years intestine wars , at the earnest desire of our whole 3 kingdoms , almost ruined by them , according to our judgements , consciences , oaths , protestation , covenant , duty , and the trust reposed in us , by our electors , upon such ample concessions of liberty , benefit to the subjects , security to religion , and safety to our 3 : kingdoms , the army , parliament , all adhering to them , as our ancestors , selves never formerly possessed , expected , desired ; and we never since enjoyed , nor can expect under any new republike , or parliamentary conventicle whatsoever ; was a breach of our parliamentary trusts , and a closing with the king upon his own terms , and such as within a short time would ( of necessity ) have yeelded up & betrayed our lives , liberties , and whole cause contested for into the kings tyrannical power , as these army-officers , and this impudent mountebank most scandalously affirm , let their own consciences and our whole 3 nations judge ; the secured and secluded members in their vindication , and i , in my speech in parliament , and epistle before it , having so largely refuted it , that the devil himself ( the a father of lies ) would blush to revive such a lie and slander as this : and how destructive it is and hath been not only to the privileges and freedom , but being of parliaments , for soldiers and those who are no members , without hearing or accusation , to pull the major part of the members out of the house , only for voting according to their consciences , after free and full debates , against the votes or designs of the lesser , inconsiderabler part confederating with the army ; let all wise men , and the sad effects thereof ever since , determin . 6ly . these army-officers never impeached any of the then secluded members for breach of their trusts , to those few sitting members they left behind of their own party , by way of charge or article , to which they might give a legal answer , and be brought to a publike trial ; and when they were pressed to charge some of them they secured as the greatest delinquents in this kind , with particular breaches of their trusts , they answered , they had yet no charge at all ready against any of them , but hoped to provide one in due time ; which they never did to this day . as for their scandalous answer , jan : 3. being no legal charge against the members , but a pittiful false excuse of their own breach of trust , faith , duty in seising and secluding them ; mr. prynne in particular in his epistle to his speech , and the other members in their vindication , gave such a satisfactory answer to all the calumnies in it , as they never yet replyed to : and therefore must stand clear from this scandalum magnum & magnatum in the sight of god and man . 7ly . sundry of the members sitting since our seclusion , and now again , have confessed to me ; that our seclusion was most unjust ; and that their forcible seclusions since , april 20. 1653. and in 1654. was but a just retaliation and punishment of god upon them , for consenting to our unjust seclusion in december 1648. yea , a means to deprive us from all future hopes of a free parliament , so long as we had any standing army in england . and yet must we be guilty of breach of trust ? 8ly . major ●acker himself ( an anabaptist ) then and now again a member of the army , in the last convention at westminster , publikely acknowledged in the house , in a long speech , that he and others of the army who had a hand in securing and secluding us , were seduced and instigated thereunto by cromwels ( and iretons ) suggestions ; that wee were dishonest men , who pursued our own private interests and the kings , to the prejudice of the publike : but afterwards he clearly discerned , that we were very honest gentlemen , pursuing nothing but the publike interest ; acting according to our consciences ; and that he had often cryed god mercy in private ; and did there again and again cry them mercy in publike ; and hoped they would all forgive him , for having a hand in secluding us : which he oft repeated . and others have acknowledged , they were knaved and fooled into this action , by slanderous misinformations . wherefore malice it self must needs acquit us from this forged calumny . 9ly . those principal officers of the army , who accused , and secluded us as trust-breakers in dec. 1648. both accused those who sate from 1648. till april 20. 1653. turned them all out of doors , and declared them actually dissolved , for sundry years , as farr greater infringers of their parliamentary trusts than we ; stiling them in a two printed declarations , a corrupt party , carrying on their own designs to perpetuate themselves in the parliamentary and supreme authority ; never answering the ends which god , his people , and the whole nation expected from them , &c. therefore if their single accusation of us alone by way of answer ( which we refuted in print ) disabled us for ever to sit in the house since 1648. and now again since may 7 : 1659. by nedhams and rogers resolutions and the army-officers who secluded us ; then much more this their doubled and trebled accusation against all sitting after our seclusion , and now resitting , by way of declaration ( which they never yet answered ) must much more disable them now to sit and act again as a house , especially without us , as members of that parliament , if continuing still in being . 10ly . the trust reposed in all members of the commons house secluded or unsecluded in the last parliament of king charles , is punctually expressed , comprised in the writs and indentures by which they were chosen , returned , empowred , trusted , to fit and act as members by the commonalties who elected them ; and in the oathes of supremacy and allegiance , which they all took , and ought to take , by the statutes of 5 eliz. c. 1. & 7 jac. c. 6. before they could sit or vote as members . now this trust was wholly and solely , to do and consent to those things which should happen to be ordained by common consent of the king , lords and commons , by common counsel of the realm , concerning certain arduous and urgent affairs , touching the defence , state , crown of the king and his kingdom , and of the church of england : to bear faith and true allegiance to the king , his heirs and successors ; and him and them to defend , with all rights , jurisdictions annexed and belonging to the imperial crown of england , against all attempts and conspiracies whatsoever : as the writs and returns themselves , ( yea all a antient writs of this kinde , and their returns , ) and the expresse words of these oathes resolve ; with the protestation , league , covenant , and manifold declarations , votes , remonstrances of both houses , to which those sitting from 48. to 53. and now met again , gave their full , free consents and subscriptions , as well as the secluded members . let heaven , earth , our whole 3. kingdoms , and our accusers themselves then , now resolve , whether i and my secluded companions , who constantly , loyally , strenuously in the forecited vote , and all other our proceedings , pursued those trusts , oathes , duties , in despite of all oppositions ; or those unsecluded sitting , re-sitting members and army-officers , who have most apparently , perfidiously violated them in every branch , by and since our seclusions , to the destruction of our king , kingdoms , kingship , parliament , church , all rights and jurisdictions of the crown , and subversion of the liberty , property , privileges of their fellow members and all other subjects ; be the greatest trust-breakers , traytors ; and which of us best deserve to lose not only our right of sitting any more in the house , but our very lives , heads , liberties , estates , in point of justice , and conscience . all that is or can be objected against us , with any shadow of reflection , is the a vote of january 11. 1648. made upon the armies answer touching our securing , jan : 3. that the house doth approve of the substance of the 〈◊〉 of the general 〈◊〉 of the officers of the 〈◊〉 to the demands of this house touching the securing 〈◊〉 secluding of some members thereof : and doth appoint a committee ( of 24. ) or any 5. of them , to consider what is further to be done upon the said answer , and present the same to the house . but doth this vote fix any breach of trust upon us for which we deserved perpetual seclusion , without any hearing , impeachment , trial ? surely not in the least degree . for 1. it approves only the substance of the armies answer , which is general and indefinite : 2ly , it is not touching the securing and secluding of all the members then secured , or secluded by the officers ; but only of some of those members who were secured , as well as secluded ; without naming any one of them in particular , most of them being released before this vote : therefore it can fix no guilt or crime upon any one particular member of us , unlesse those some had been nominated : 3ly , this vote was past behind our backs , without hearing any of us before it passed : 4ly , a special committee was appointed to consider further of their answer , and report what was further to be done therein ; which they never did : 5ly , this vote was made above a full month after our secluding and securing , when all the members but 42. were secluded or driven thence ; and the rest sitting under the force , guards , of the army ; and so by their own votes and ordinance of august 20. 1647. this vote , with all their other proceedings were mere nullities . 6ly , ten of those who passed this vote , were the very army-officers who made the answer , the chief contrivers , authors of our seising , securing , and chief accusers ; therefore most unfit to be our judges , or passe any vote against us behind our backs : especially since they promised to conferr with us at wa●●ingford house the evening they seised us ; and yet lodged us all night on the bare boards in hell . after which they promised to confer with us the next morning 9. a clock at whitehall ; & there kept us fasting , waiting in the cold till 7. at night , without once vouchsafing to see us , sending us away thence through the dirt , guarded on every side like rogue● to the kings head , and swan in the strand ; where they promised several times to conferr with us , but never came to do it . now , whether there can be any credit given to their votes or answer , who so frequently brake both their trusts , words , faiths , promises to us and others , before this their answer , let the world , and our greatest enemies determin . finally , the chief authors of and instruments in this our accusation and seclusion , were the very self-same army-officers and members who in april 1653 , dishoused , * dissolved those now sitting , and then accused , branded them twice or thrice in print , as farr greater infringe●s o● their trusts than we : as for the house of lords , secluded , suppressed by them , a there was never the least breach of trust objected against them ; neither had the army , b or smaller garbled remainder of the commons house , the least right or jurisdiction to seclude or eject the majority of their fellow members , much lesse the whole house of peers . upon all which premi●es , i here appeal to all the tribunals of men on earth , and gods , christs tribunals in heaven ( before which i summon all our old and new accusers whatsoever ) to judge ; whether this great charge of breach of our trusts , ever justly could , or henceforth can be objected against us civilly or criminally , without the greatest scandal ; and whether this could be a lawfull ground for any to justifie our first or last seclusion ? the 3d question is this ; question 3 whether the last parliament sumne●ned by king charles his writ , assembled at westminster , 3. nov : 1640. was not totally and finally dissolved by his beheading , january 30. 1648. notwithstanding the statute of 17 caroli c. 7 ? in this my 2. new antagonists are divided . rogers , p. 7. conf●sseth it to be dissolved ; and that i have learnedly proved it in my narrative , p. 24 , to 34. adding , how néedlesse that long discourse is , to prove what we never denied . but though he , and his wee , denied it not ; yet those who sate from 1648. till 16●3 . by pretext of their first writs , elections , and of this act , as they then affirmed in and by their speeches , declarations ; mr. abbot and purefoye , in their prynne against prynne , ( both of them members , and one of them now sitting ) with their president j. bradshaw , who condemned the king , and sundry others denyed it ; yea most now sitting denyed it by words and action ; whereupon i unanswerably refelled them , and satisfied most others by that long discourse : therefore it was not needless , as this critick rashly censures it . nedham , p. 35 , 36 , 37. though he confesseth ; that according to law the parliament was d●ssolved by the kings death ; and that whiles the old constitution of parliaments remained without disturbance it is reason this law should be retained , for the reasons i have rendered : yet in this particular case , by reason of the warr between king and parliament , he will by no means yeeld the parliament to be dissolved by the kings death , but to remain intirely in the members sitting at his death ; and that it is now again revived in them , after above 6. years interruption : to prove which strange chymara , by stranger mediums , he * spends some pages , to convince and satisfie all contradictors . i shall a little examin his absurd and most dangerous principles from whence he draws his conclusion . his main principle to prove it , i● this . that the king by his actual war against the parliament , did thereupon forfeit his kingship and crown , and became a private person and enemy ; dissolved the constitution both of the kingdom and parliament ; and not only violated all law in the branches , but plucked up she very roof of it , in destroying the parliamentary establishment . as much as in him lay , and thereby introduced another law of arms . from whence he deduceth 3. conclusions : 1 the justice of secluding the members : 2ly , the sufficiency of the authority that condemned and executed the king : 3ly , the legality of the remaining members continuing and sitting as the parliament , and supreme authority of england , which after the kings beheading , and other m●mbers and lords seclusion , descended and was transmitted to them by the law of war , for the people . this he determines to be law and reason too , sufficient to convince both , royal●ists and presbyterians of the lawfulnes of the power , and present sitting , acting as a parliament , by those few members at westminster , secluding all the rest . to which i answer : 1. that if the kings death by law , reason , dissolved the parliament in an orderly course , because his writs of summons abated by his death , & they could not treat with him concerning his and his kingdoms affairs , nor he consent to any bills after his decease : which he freely grants : then by the self-same reason , law , his violent death must dissolve this parliament , as i have largely proved . 2ly , if the kings levying war against the parliament , did actually dissolve the very constitution , law of the parliament and kingdom , and made him no king at all , but ai private person ; which he layes for his foundation ; then it must necessarily dissolve the parliament and kingdom too , and make them no parliament , no kingdom at all , as well as himself no king . for how can the parliament continue , when its very constitution is desolved ? 3ly , by this position it inevitably follows , that we had neither king , parliament , kingdom , nor any laws at all but only of warr , from the beginning of the wars or first battel at least , between the kings and parliaments forces many years before his death ; but this the king , kingdom , parliament , the sitting as well as secluded members , both armies , and our whole 3. kingdoms ever denied in all their votes , orders , ordinances , declarations , remonstrances , petitions , treaties , propositions whatsoever from 1641. till december 1648. and nedham himself in his diurna●is and mercuries ; in all which the parliament , both houses , and army-officers stiled him their king , and the king and his party ever stiled them the houses of parliament . therefore this position must be a most notorious falshood , wherein interest doth grosly lie . 4ly . those he stiles the honest faithfull members , in their very votes of non addresses ( passed by force and fraud ) in their knack for the kings tryal , impeachment , proceedings , sentence of condemnation against him , after our seclusion , in their d●claration of 17 martii 1648. after his death , and sundry other papers , ever stiled and acknowledged him to be king , and england his kingdom , notwithstanding the wars between him and the parliament : therefore the very war did not vnking , nor make him a private person , no● dissolve the constitutiō of the kingdom & pat● during his life , else there could not be a war against or between the king or parliament , if the war it self unkinged him , unparliamented them , and dissolved all their constitutions . 5ly . no person by the a law of god , nature , nations , the great charter , laws , statutes of england , and votes of parliament , ought actually to forfeit , or to be ipso facto deprived of his office , freebold , liberties , estate , life , without a legal proceeding , tryal , conviction , judgement , attainder : much less then the king himself , the supreme magistrate , and governor of the realm ( in whom all have a common interest ) unkinged and made a private person , or publike enemy , and totally deprived of his crown and soveraignty : therefore his actual levying war against the parliament , without , before any legal impeachment , conviction , or sentence of deposition , could not unking nor make him a private person , as the cases of edward the 2. and richard the 2. and the b parliaments which deprived them of their kingships after their resignations , clearly resolved , against this jesuitical new doctrine . 6ly . if the king by his bare levying war against the parliament , actually lost his kingship and became a meer private person before any sentence of deprivation , then by the self-●ame reason , law , his old and new revived parliament , by its manifold old & new breaches of trust is actually dissolved & become no paul . at all ; yea every traitor levying war , conspiring against the king , every murderer , theef , felon , corrupt judg , justice , mayor , sherif , inferior office , by the very committing of treason , murder , felony , adultery , bribery , injustice , and breach of their respective trusts , should be actually attainted of those offences , their lands , offices presently confiscated , without my indictment , trial , verdict , judgement against them : yea every act of adultery by any husband or wise should actually dissolve the bond of marriage for ever , without and before any sentence of divorce between them : which * mr. wheatly publikely recanted as a dangerous error . and how destructive such new nedham , interest low would prove to all mens lives , liberties , estates , yea to every mans soul ( since every act of sinne by like consequence should actually damn , and make even saints themselves to 〈◊〉 totally and finally from grace and gods favor ) let all judicious men resolve . 7ly . if this be law , then had the king and parliament upon any treaty after the wars , accorded ; he ought to have been new proclamed , installed , crowned king again ; and the parliament resummoned by new writs . 8ly . he confesseth this to be the very principle of barclay the * jesuit , from whom he borrows it , p. 34. therefore his present parliament and republike built thereon , are purely jesuitical by his own confession . 9ly . this jesuits position is not so bad as his ; he speaks not of every civil war made by a king upon his subjects , for which there may be just occasions ; but only of a king warring upon his people of purpose to extirpate and destroy them : which he saith , it seems almost impossible any king should be so mad as ever to attempt . which the king in his war against the parliament , by his victories , proceedings against the prisoners , members , towns he took during the wars , in sparing all their lives actually , really , and oft times verbally and professedly disclamed in all his proclamations , speeches , remonstrances , messages to , and treaties with the houses . therefore his war against them , did neither unking him , nor make him a private person and publike enemy , by this jesuites resolution . 10ly . if the kings war against the parliament did really unking him ; then certainly the generals , armyofficers , and armies actual levying war upon both houses of parliament , by secluding , securing the members and king , did really uncommission and 〈◊〉 ●my them , and made them no officers , no army at all , but a rebellious rout ; and all members concurring with them therein , no members , no parliament at all . the sequel is infallible . therefore nedham must either now disclaim this desperate jesuitical position , with all his 3. treasonable conclusions from it ; or else henceforth disclame the army-officers , army , and their formerly suppressed , now revived parliament . 11ly . admit his paradox true , that the king by his war against the parliament , actually ceased to be a king , &c. yet his inference thence , that the parliament was not dissolved by his death , but continued after it , is most false ; yea the contrary thence inevitably follows , that it was wholly dissolved long before his death , so soon as he ceased to be a king and became a private person ; and that by the expresse resolution of the whole parliaments of 22 r. 2. and 1 h. 4. rot . parl. n. 1 , 2 , 3. in a case most like to ours . * henry duke of lancastér , raising a great army to lay title to the crown , king richard the 2d . bringing an army to suppresse him ; the king finding his forces over-weak , and the dukes too potent for him , having seised bristol , and other forts ; thereupon a parlee was had between them , and agreed , king richard should summon a parliament at westminster , wherein he should resign his crown , renounce his kingship , and the duke to succeed him . upon this he accordingly summoned a parliament , where he formally resigned , renounced his kingship , and was actually deposed of it by sentence , and henry the 4. who claimed the crown upon his resignation , declared king . which done , it was resolved , declared both by the parliament , king , lords , commons , judges , that this parliament was actually dissolved by king richards deposing to all intents ; and a new parliament ordered to be summoned by king henry in his own name , wherein he was declared , crowned king , and the resignation , deposing of richard the 2. ratified , and recorded . therefore by the resolution of both these parliaments , ( by nedhams own position , if true ) the last parliament of king charles , was so farr from being continued only by his wars , even after his death , which else would have dissolved it without dispute , that it actually dissolved it in his life time , six years before his death , by degrading him from his kingship , and making him a private person . and then his westminster juncto sitting from 1648. to 1653. and now again , cannot have the least shadow of right , law , reason , to fit , act as any part of the * last parliament summoned by the king , neither could the whole parliamentary and supreme power descend or be transferred to them alone by any law or colour of right whatsoever , by the kings war , death , or our seclusions , as he most absurdly concludes . 12ly . the sum of all nedhams discourse to support his present parliaments and republikes right , title , is but this : that in civil wars and commotions the conquering or prevailing party gains a legal supreme authority and parliamentary power over over the whole : that the kings royal authority devolved by conquest to the parliament : the whole parliamentary authority to his juncto by their forcible seclusion of the majority of the commons , and suppression of the house of lords . and if so , then by the self-same consequence ; the whole kingly and parliamental authority was lawfully devolved on the lord gen : fairfax and army-officers when they seised the king , secluded the members , suppressed the lords , and placed guards on those that sat in 1648. or at least to such of the officers as were then members of the commons house not to the juncto since or now sitting ; that afterwards it descended , devolved to gen. cromwell ( a principal member ) when he conquered and turned the juncto out of doors , apr. 20 , 1653. as he and the army-officers then argued ; who thereupon ( after some moneths exercise thereof by making new laws , and imposing ‖ new taxes at whitchall , † anno 1653. ) afterwards transferred it by deed to their litle conventicle elected by them in september , part of which resigning back their supreme power to cromwell , he thereupon claimed it as wholly and absolutely vested in himself , without any limits ( as he declared in his printed speeches 1654. and 1657. ) whereupon he retained it under the title of a royal protector , till his death , then delegating it to his son richard , who by this original title enjoyed it ; till overpowred by his brother fleetwood and other army-officers , who by this right of the long sword alone , unprotectored him , and then called in the remainder of the old juncto to sit and act as a * parliament under them . so that by nedhams doctrine , the supreme regal and parliamental power is legally residing in those army-officers who have conquered all the rest , till some other greater , stronger power shall be able to conquer them ; and his westminster● conventicle is but their substitute to act , vote what they shall prescribe . and by the self-same principle , as the army-officers by rebelling against and suppressing the parliament and their masters , who raised , waged them for their defence , contrary to all laws of god , man , their own oathes , commissions , thereby gained a just and legal title ( as he argues ) to the supreme regal and parliamental authority of the nation ( not the people in whom they pretended it to be vested ) to any traytor by killing or dispossessing his lawfull soveraign , any son by killing or disseising his father , any servant by imprisoning , killing , or tu●ining , keeping his master out of doers , every theef , plunderer in the world , able by force to take away any persons purse , goods , house , lands , or shall by power make himself a judge , justice , magistrate , or take away another mans wife , shall have a just and legal title against the owners and all others : and nedhams parliament and new republike can neither condemn nor execute any thief , pirate , murderer , plunderer , adulterer , ravisher , nor punish any disseiser or wrong-doer whatsoever that ●●a stronger than the party injured ; since they all may justifie their force , actions , to be lawfull against the letter of the 6 , 7 , 8 , 9 , and 10 commandements by the self-same law , divinity , saintlike title of the longest sword , the greatest might , and prevailing party . i hope by this time , he and all others clearly discern the desperate fatal consequences of his jesuitical position , and that his interest will not lie , is but a meer sink of lies , and destructive paradoxes . if all this will not help to prop up the legal soveraign authority of his present parliament and republike , he hath 3. other pillars to support them , p. 37. 1. the law of necess●●y , a pretty bull , when as the old proverb resolves , necessitas non habet legem ; i am sure it will now admit of no law , justice , conscience , equity . 〈◊〉 . did not the beheaded king plead this law for ship-money , excise , and other illegal projects ? yet the long a parliament adjudged necessity in these cases , to be no law , nor plea at all . and shall those very members plead it in their own case now , who then judged it no law nor plea in his ? 3ly . this law was pleaded by cromwel and the army-officers in april 1653. for the dissolution of those now sitting , who together with n●dham , p. 40. resolve it no law or plea at all ; and can it be justly urged now for their restitution ? 4ly . it is a pretext for all villany , treachery , impiety , violence ever acted in the world , as i have proved in my epistle to my speech , and the secluded 〈◊〉 in their vindication , when the officers pretended it for our seclusion ; and can it then be made the foundation of commonwealths and its junctoes constitution ? 5ly . he addes out of grotius , l. 2. de jure belli , cap. 6. necessitas summa reduoit res ad merum jus naturae . if so , and we are now reduced to such a necessity , as he argues : then it followes , 1. that this extreme necessity which exempts any part of a kingdom , republike , city from the power , jurisdiction of the whole , as grotius there resolves , hath much more exempted our whole three kingdoms , the intire lords house and nobility , the majority of the old commons house yet surviving , with all counties , cities , boroughs for which they served ; from the power , jurisdiction of the present usurping juncto , army , so that they have no right , authority , colour at all to impose any new laws , taxes , militiaes , excises on all or any of them ; nor yet to imprison , sequester , punish any of them for defending themselves by force of arms against their unjust usurpations over them . 2ly . that they can * impose no new government or republike on all or any of them , without their own free voluntary elections , consents ; because all politick governments and corporations are and ought to be made by voluntary contract and free consent of all the parts , ac propterea ju● ejus , in partes ex prim●va voluntate metiendum est , as grotius there resolves . 3ly . that all the integral parts of any politick body , when the first agreement and government which united them into a kingdom or republike is dissolved ( as nedham asserts our kingdom and parliament are ) by the meer right and law of nature have as inseparable , inherent a right , vote to cast themselves into another new form of government , as any one prevailing party of that body , being all equally men , englishmen , free-men by nature , and having no superiority over each other . therefore the supreme authority and parliamentary power in our present condition and extreme necessity by grotius his decision is not devolved to the westminster juncto , or army-officers , as nedham● absurdly concludes , against his oracle grotius , but to the generality of the people , as this very juncto voted jan : 6. 1648. and the army-officers declared , in their agreement of the people presented to them november 20. 1648. and jan. 20. 1649. therefore by their own votes , resolutions , practices , the generality of the people , not the juncto , are now the supreme authoritie ; and those 50 or 60 members of the old parliament & * army , have not the least pretext of right , law , reason , power to domineer over all the nobility , gentry , clergy , freemen of the nation , and the secluded members , nor totally to seclude them all from their councils , company ; much lesse to secure , disarm , plunder them at their pleasures , to double , treble their taxes , to use them not like their fellow freemen , but their aegyptian bond-slaves , as now they do . what such an extremity , necessity then may now put our whole three nations justly upon by grotius and nedhams law too , let them wisely and timely consider for their own and the publike safety . his 2. pillar is this of grotius , that in a civil warr , the written and established laws of nations are of no force ; ( indeed we now finde it true by sad experience under our new legifers and tax-masters ) and then that only is to be admitted law , which shall be setled by the prevailing party . how this new doctrine will suit with all our late parliamentary votes , ordinances , declarations , remonstrances , protestations , league , covenant , soldiers commissions , and army-remonstrances ; or with our civil war , which was only for the preservation and defence of our antient fundamental laws , statutes , and great charter of our liberties , against all arbitrary encroachments , alterations , violations of them ; or with the junctoes declaration , march 17. 1648. for turning our kingdom into a free state ; wherein they promise over and over , inviolably to defend and maintain these antient laws , the badges of our fréedom , and the most excellent of all other laws in the world , by violation , alteration , or abrogation whereof greater mischiefs would inevitably befall us , than ever we suffered under our kings and kingly government : or how it will accord with their proclamation , may 7. 1659. to like purpose ; let nedham , and that power for which he pleads resolve us : to whose arbitrary wills and tyranny ( if this monstrous paradox be oracle ) he prostrates all our laws and liberties ; after full 17 years bloody contests , and most cruel concertations for their defence , against this his position and practice . his 3. pillar is this , which he applies to the particular case of the secluded members , p. 37. si qui jure suo uti non possunt , ●orum jus acerescit praesentibus : grotius l. 2. c. 5. his meaning is , that if any members of a senate , court or parliament be absent through sickness , or any other voluntary or necessary occasions , the rest may sit and act : will it thence follow , as this mountebank argues , ergo , the minor part of the commons house ( yea less than 40 of them ) may fit and act now & heretofore , not only as a commons house , but absolute parl. because they and the army forcibly secluded the major part , the whole house of lords , and beheaded king . such a grosse nonsequitur as this , is no better justified from grotius words , than this ; the army may forcibly seclude all but 5 or 6 of those now sitting , or leave fleetwood , and sir h. vane alone : ergo , in such a case the whole right and power of the parliament accrues to them alone , and they may sit , vote as a parliament , and make what laws , acts , and impose what taxes , excises they please , as * cromwell and his council did at whitehall upon the self-same ground . vno absurdo dato mille sequuntur . you see now by this time the falshood , absurdity , and dangerous consequences of nedhams atheistical , jesuitical principles , whereon he would bottom the continuance , revival , justice , legality of his pretended parliament , and republike , laying a ground for , and encouraging all disorders , confusions , violences , treacheries and villanies whatsoever by the law of necessity and the longest sword : and what a necessary tool he is for the party , because he can say or print any thing for them , though never so false , absurd , mischievous , and yet not be in danger of his head : ( they are his own expressions , p. 32. 37. ) i shall inform him of some other principles prescribed to all saints , christians , and souldiers , by god and christ himself , which they ought to follow under pain of damnation . the first is mat. 7. 12. all things whatsoever ye would that men should do unto you , do ye even so to them , for this is the law and the prophets . the 2 , is mat. 22. 21. render therefore to caesar the things that are caesars , and unto god the things that are gods . the 3. is luke 3. 14. do violence to no man , neither accuse any falsly , and be content with your wages . the 4. 1● rom. 13. 7 , 8. render therefore to all their dues , &c. owe nothing to any man , but love one another . the 5. is prov. 24. 21. my son , fear thou the lord and the king , and meddle not with those who are given to change . the 6. is ps. 4. 8. whatsoever things are true , whatsoever things are honest , whatsoever things are just , whatsoever things are lovely , whatsoever things are of good report , do . and ▪ if he can found his present or former parliament , republike , or interest will not lie , and forecited conclusions on these principles , i shall be his proselyte ; till then i cannot , i dare not but renounce them , as jesuitical , atheistical , diabolical . i shall not follow him in his wild-goose chase any further , to prove the old parliament undissolved , and now revived : what he writes of * cromwels parliaments and conventions , during the preternatural dead interval from april 53. to may 59. that they had not the legal force and vertue of parliaments : that they were nothing in law of themselves , being creatures of another extraction : ( though he writ the quite contrary in his life-time ) that the members of this revived parliament ●itting in them , did not own them for legal parliaments : that their sitting in them as parliaments , could not prejudice nor conclude the body now sitting , because a body of men in equal power and right , cannot be concluded by particular acts done by their own members without consent of the rest ; and that though they did not own those parliaments , nor the power that called them , yet their many and great complaints of their being secluded from them ( by force , or new oathes ) as an infringement of the peoples right in parliament , were just , and they might well complain , because their complaint of violation was grounded only upon the general right inherent in the people , will fully manifest the parliament of king charles to be totally dissolved by his death , notwithstanding any private members sitting in it afterwards , his pretended parliament of commonsg then and now sitting , to be no parliament at all , nor yet revived in law or verity ; that yet m. prynne and other members , might justly complain of their forcible seclusion from it , in the peoples general inherent right , as themselves did when secluded from cromwels parliaments , which they held void and null . and that if it be still in being , and was only suspended by cromwels 6. years force , in respect only of the actual exercise of their power , not their inherent right , which is now revived : all the secluded members , lords , and charls stewart too , ought in right and justice to be recalled and remitted to their rights , from which they were forcibly interrupted , as well as those now sitting , having no legal power , ground , nor colour to seclude them , as i have already proved . to cloze up this question , i shall propose this dilemma to my dissenting opponents . if the old parliament were totally and finally dissolved by the kings death , as rogers confesseth , and nedham grants in point of law and reason : then those few commons sitting after his death , and now again , cannot possibly be a parliament , nor committe of parliament in any sence . 1. because never summoned by any writ to any such parl. as this . 2. because never elected ; intrusted by the people , who elected the in the old parliament , to sit in this , or any other parliament , without a king and house of lords . 3ly . because not new elected by their old electors , or any other counties , cities , boroughs since the kings death to sit alone , as then or now they do . 4ly . because permitted , desired to sit at first only by the army-officers , their former mercenary servants ; and now invited to sit again only upon some of their motions ; having no pretence of law or right to elect or create them a parliament , or representative of the people of england : much lesse then of scotland and ireland . 5ly . because they are not the fifth part of a commons house for number or quality , by our old laws , statutes , or the new instrument or advice , most counties , cities , boroughs of the nation having not so much as one knight , citizen or burgesse in it to represent them , and scotland , ireland none at all : and so by the armies own declaration at st. albans , their own agreement of the people , and own votes for an equal representative , can be no parliament at all , but the highest archest traitors to , usurpers over the whole kingdoms rights and privileges . in the * parliament of 15 e. 2. in the act for the exile of the two spencers , cl. 15 e. 3. m. 32. dorso , the parliaments of 4 e. 3. rot . parl. n. 1. 28 e. 3. n. 9 , 10. 21 e. 3. rot . parl. 11. 21. 21 r. 2. rot . par. n. 15 , 16. 22. r. 2. rot . par. n. 3. & plac. coronae n. 7 , to 16. it was ' adjuded , resolved , declared by the king and parliament , that the accroaching and usurping of regal power , by the two spencers , roger mortymer earl of march , the duke of glocester , arundel archbishop of york , the earls of arundel and others ; by keeping the lords , great men and counsel of the king from his presence , the parliament and council : by placing and displacing publike officers at their pleasures ; by condemning , executing lords and others of the kings subjects without his privity by might and power both in and out of parliament : by not permitting the king to hear the petitions and complaints of his nobles and people , and to do them justice against these usurpers oppressions to their own and the kings disinheriting : by compelling the king to grant pardons to rebells and others who slew his faithfull lords and subjects : by seising , disposing of the kings treasure and revenues at their pleasures ; and enforcing the king to grant them a commission to manage his royal affairs , trust and revenues , in restraint and derogation of his royal power and prerogative : was no lesse than high treason by law : for some of which encroachments of regality , some of them were banishen , others of them beheaded and executed as traytors , and their estates confiscated by iudgements and acts of parliament . if then the encroaching and usurping of regal power in any of these particulars , be no lesse than high treason by the resolution of these parliaments , then questionlesse the usurpation , exercise , not only of regal power in the highest degree , in calling , creating , dissolving parliaments , giving the royal assents to bils , pardons , executing lords , commons , creating publike officers , making new seals , issuing out writs , commissions , making warr and peace , coyning money , &c. but also of parliamental power too , in making new laws , acts , treasons , repealing , altering old lawes , and forms of processe , imposing new taxes , excises , forfeitures , militiaes , erecting new courts , judicatures , neither of all which the king can do by his regal power , but in and by the parliament only , wherein both the power of the king in its highest orb , and of all the lords , commons are united , concentred , must needs be the highest treason that possibly can be committed , both against the king , kingdom , parliament , lords , commons , people ; all injured , usurped on , tyrannized over , dishonored , and oppressed thereby in the highest degree . which should discourage , deterr the anti-parliamentary juncto , and all those who have any dread of god , men , or love to parliaments , and their native country , from usurping such a power , as well for their own , as the publick weal . if the long parliament be still in being and now revived , ( as nedham pleads , but proves not at all , his own principles evincing the contrary ) then all the lords and secluded members ought in right and justice to be freely admitted to sit , vote therein , for the premised reasons ; else those now sitting and acting without them , will incurr the guilt of highest treason for usurping both regal and parliamental power , by meer force , without any act of parl. which an express act of parlament made by assent of all the 3. estates cannot transfer unto them , as the statute of 1 h. 4. c. 3. and parliament of 1 h. 4. rot . parl. n. 25. expresly resolve , and i have proved in my narrative , p. 22 , 23 , 24. since the highest regal and parliamentary trusts for the publike good , safety , reposed in many by the people , cannot be transferred nor delegated unto a few , nor the parliament power , trust , assigned over , any more than the * regal . having dispatched these grand questions , i shall be briefer in the 4th . being only this . whether the oathes of supremacy , question 4 allegiance , and homage to be late king , his heirs and successors ; were finally determined by , and expired at his death ? nedham , p. 41 , 42 and rogers , p. 33. affirm they are ; because the old form of kingly government is lawfully ( as they say ) extinguished , and a new form introduced , and so the oath impossible , because the persons and things to whom they were made are at an end : which opinion having largely refuted , in my concordia discors , proving those oathes to be still obligatory and binding , by unanswerable scripture-presidents and authorities , to which neither of these antagonists re●ply one syllable ; i shall briefly reply to what they object . 1. that the frame of our kingly government was not legally dissolved , but violently and trayterously interrupted only , as he saith this parliament and republike were by cromwels intrusion . 2ly . that by the resolution of our statutes , judges , laws , which admit no interregnum , we have still a kingdom , a king , an heir and successor to the crown in actual being , ( though out of actual , not legal possession ) to whom we may and ought to make good our oathes . 3ly . that our fellow-members and subjects who took these oathes as well as we , can neither absolve themselves nor us by their perjury or treachery in violating them , by their late forcible , illegal proceedings , and new ingagement against the king , his heirs and successors . 4ly . that it is both possible , just , necessary , safe , honourable , christian , for them and us , and our 3. kingdoms , churches , religion , to call in the right heir and successor to the crown , upon honorable terms ; there being no obstacle to it but only want of will , or the covetousness , rapine , ambition , guilt or fear of punishment in some particular persons in present power , against the general desire and interest of our 3. whole kingdoms , nations , endangered , embroyled , oppressed , and well-nigh totally ruined , exhausted by his long seclusion . 5. that these objectors and others slighting , neglecting , violating , absolving themselves and others from the conscientious obligation , legal performance of these sacred oathes , obliging themselves in particular and the whole kingdom in general , to the late king his heirs and successors in perpetuity , is no argument of their piety , saintship , religion , fear of god , honesty , truth , justice , but of their avowed atheism , impiety , injustice , contempt of god , and all his threats , judgments denounced , inflicted upon perjured infringers of their oathes , covenants to their king and others . 6ly . that for the violation of these oathes , the whole three kingdoms have deeply mourned , suffred in sundry kinds ever since 1648. and are now likely to be ruined by taxes , contributions , oppressions of all sorts , losse of trade , unseasonable weather , diseases epidemically reigning , and other judgements . 7ly . that abraham himself the father of all the faithfull ; swearing by god , that he would not deal falsly with abimelech , nor with his son , nor with his sons son , but according to the kindness he had done to abraham , gen. 21. 23 , 24 , &c. and his care to perform his oath ; hath justified not only the lawfulness of all our oathes to the king , his heirs and successors , but confirmed our obligation to them all , and how conscientiously we ought to perform them without fraud or falshood , yea ▪ disowed all those from being of his faith or spiritual seed , who make little conscience to perform them . 8ly . that as the apostle resolves , gal. 3. 16 , 17. that the covenant made by god to abraham and his seed in christ before , the law which was made 430 , years after cannot disannull , that it should make the promise of no effect : so the new ingagement●●de , taken after these two oathes to our new governors , and their late oath so be constant , as well as true and faithfull to their new republike , without king , or single person , or house of lords ( obliging those who take it , if binding , not only to sundry prejuries , treasons , but constant perseverance in them without repentance ) cannot disannul these former oathes to the king , his heirs and successors , and make them of no effect , as rogers , & nedham tell us , which i have elswhere proved . 9ly . john rogers , p. 9. informs us , that cleomines the lacedemonian , sware to his friend archonides , that he would do all things joyntly with him , and act nothing without his head were in it . after which watching his time , he cut off his companions head ; and to keep his covenant , after he had parboyled it , he kept it by him , honored and preserved it ; and upon every weighty matter or consultation would set his scull by him , and tell it what he purposed ; saying that he did not violate his ingagement , or break his oath in the least , seeing he did ever take counsel with● the head of archonides , and did nothing without it . verily my antagonists and those members they plead for , have dealt more falsly with the late king , lords , and their fellow members , than cleomines with archonides ; they twice swore , protested , vowed and covenanted too over and over , to be true and faithfull to the king , and to act all things ioyntly with him , the lords , and their fellow commons in parliament , and transact nothing without their heads and advice were in it . but though afterwards watching their opportunity , they cut off the kings head , and some of the lords , as he did his friends ; suppressed the whole house of lords , and secluded most of their fellow commoners ; yet they do not set either their heads , sculls , or any of their surviving persons before them in the house when they consult upon every or any weighty matter , nor tell them what they purpose : and yet they and these their advocates tell us and others ; they do not violate their protestations , vows , covenants , nor yet break their oathes . whether of them are the greatest hypocrites , impostors , let the world now judge . the 5. question between john rogers ▪ and me alone , is this . whether the jesuites and our forein spanish , quest . 5 french and other common popish adversaries , were the original plotters , and vnder-hand fomentors , of the change of our antient hereditary kingship and kingdom into a new common-wealth , and of the late exorbitant violent proceedings against the king , parliament , and secluded members , to accomplish this their design ? mr. prynne hath abundantly proved the affirmative by punctual testimonies out of parsons , campanella , watson , clerke , richelieu's instructions , conte galeazzo , the lord digbies and others letters , mutatus polemo , and other evidences ; by pregnant reasons and demonstrations , both à priori et posteriori , in his speech , memento , epistles to his new discovery of free-state tyranny , jus patronatus , seasonable vindication ; the republicans good old cause anatomized , and in his narrative , p. 18 , 19 , 20. 40 , to 64. 85 , to 89. these evidences a j. rogers neither doth , nor can deny in any particular ; only he contradicts the conclusion , as not sufficiently warranted by the premises ; when as most judicious protestants of all professions and degrees who have seriously perused them , are abundantly satisfied , and conclude the contrary , to this johannis ad oppositum ; who bestows whole sheets and vollies of rayling epithites , scurrilous scoffs , unchristian * obscene quaeres and sarcasmes upon me , only upon this accompt , that i have translated the odium and guilt of the contriving , someting the late gunpowder treason which blew up our king , kingdom parliament , lords house , and kingly government , to erect a new republike , from the protestants , to the jesuits and those of their religion , who plotted the old one , and would have fathered it on the puritans , had it taken the like effect as this hath done ; which i thought would have deserved thanks , rather than such reproachfull usage from such a zealot as he pretends to be . but since he will needs appropriate the glory and honour of this last powder-plot , ( transcending the former ) to those worthies for whom he pleads , and to himself and his disciples , and allow the jesuits ( a many of whom he confesseth are doubtlesse in england under disguises and folding-dores , p. 35. ) no share at all in its projection , or execution ; i shall no waies envy them this new garland , wherewith he crowns their temples ; let them wear it in triumph to their graves , or tyburn ; i shall not envy them this new crown of glory , of which they are so ambitious , that rogers spends many leaves , p. 27 , to 37. to evade the authors i quote to prove the commonwealth a spurious issue of the jesuits projection , by his impertinent answers to them . 1. he endeavours to evade my quotations of parsons and campanella , the first projectors of turning our english kingdom , into an holland commonwealth , by the agency of the jesuits , confederating with anabaptists and other sectariet agreeing with them in antimonarchical principles , by the help of a prevalent seduced party in the parliament house , when purged , reformed after parsons new models ; and by raising wars , tumults , in the realm , and then infusing this principle into the common soldiers , people and every precape , or factious multitude , getting the title of a publique state , or helvetian commonwealth , to examin their soveraigns by what title they hold their crowns , and to alter , change the course , inheritance and succession of the crown and publike government at their pleasures , and disscise the right heirs general to the crown , and put them to their formedon to recover them . to which he answers , 1. that these their politicks were calculated to the state of the nation as it was in queen elizabeths time when they writ , to divide us with factions , and divisions at home , stir up the seeds of an inexplicable , irreconcilable war between england and scotland , to deprive king james of the crown of england ; to promote the spaniards interest , and hinder the english from infesting his fleet , and indies : ergo the jesuites were not the original projectors of turning our kingdom into a common-wealth , though he produceth none else before or besides them ; nor yet prosecuted this design ( so long since laid ) afresh ( as i have proved they did ) in 1647. and 1648. for the self-same ends , in substance , by the self-same means and instruments . 2ly . he saith , i should prove that this , this is the same commonwealth they plotted then in every circumstance : i prove it produced by the same instruments , means , pattern they prescribed , and that it pursued the same ends , designs , which is sufficient and punctua● . the rather , because himself and those he pleads for , are not yet agreed what form or kinde of creature their new common-wealth shall be ; they being much divided about it , as himself attests : who spends some sheets against mr. harringtons and others models of it . 3ly . he adds , their design proved abortive in qu. elizebeths reign , and in the powder-plot against king james ; what then ? ergo , they pursued it not since , as i prove by late pregnant testimonies , and more than probable arguments , is a meer inconsequent . 4ly . he objects , the jesuits commonwealth admits no toleration of religions ; never was against kingship and the office of it , as theirs is , nor hath any similitude with jesuitism . all false ; the jesuits pleaded alwayes for i a free toleration of religion in england , that themselves might be tolerated , though they deny it elsewhere : they are k professed enemies to the office , as well as persons of all protestant , yea and most popish kings , and projected to make us a common-wealth upon this account in opposition to kingship : it hath similitude with iesuitism both in its principles , witness those of barclay and mariana , cited by nedham , whereon he founds it ; and in its practices of murdering protestant kings , blowing up parliaments , absolving subjects from their oath and allegiance , &c. by which it was founded , supported , revived . what else he allegeth , is but meer froth of his wanton brain , and scurrillous pen , unworthy reply . only because he calls upon me for more evidence , if i have it , to prove his good old cause and commonwealth a plot of the iesuites , i shal gratify him herein . 1. hugh peters himself , very well acquainted of late years with the jesuits persons , plots , principles , practices , in his letter to a great army-officer ( quoted by himself , p. 12. ) stiles it , a cheat of the iesuites put upon the army ; and that with much regret of heart and spirit . 2ly . a grave protestant gentleman of the temple last trinity term riding up to london , meeting with a popish gent. of his acquaintance on the way , they discoursing of these last revolutions and changes of government , the protestant told him , that these alterations were but the plots and productions of the jesuites and those of his religion , who did but laugh at us in their sleeves , to see what fools they made us . at which the papist growing somwhat angry ; he desired him to be patient , since they were antient friends , and what he spake was not in jeast or scoff , as he took it , but in sober sadness ; desiring him ( having great acquaintance amongst the papists ) to inquire out the truth of what he spake , when he came to london , where most papists in england were then assembled , for both their satisfactions , and to give him an account thereof ; which he promised to do . about 5. or 6. dayes after , this papist told him . that according to his request , he had made diligent inquiry of the truth of what he spake on the way ; and that he found , all or most of the iesuites were knaves , they and most of the iesuited papists being against the king , and wholly for a commonwealth , as being most advantagious for the king of spains interest ; using more words to the same effect . which the protestant ( being my old familiar acquaintace ) about two dayes after related to me in westminster-hall , as a concurrent testimony with that i had published to this effect in my true and perfect narrative , and the republicans spurious good old cause truly anatomized . 3ly . lilly ( a zealous republican ) in his almanack , anno 1651. prognosticated ; that the stars did then promise acts of grace and favor to popish recusants , who in their zeal and loyalty to the new republike exceeded most presbyterians . an argument it was a creature of the jesuites and their projection , to procure them more grace and favor than before , and promote their designs against us . 4ly . nedham ( rogers his consederate and fellow champion against me ) makes use of the jesuit barclay his forecited iesuitical principle , as the chief corner-stone of our new parliaments and republikes structure whereon they are both built : and not only so , but he useth the very arguments of campanella , which he prescribed the king of spain to suggest to the english nobility , protestants and clergy , to hinder and keep out king james from the crown of england upon queen elizabeths death ; to disswade and draw them all of from king charls ; and oppose his restitution now . campanellaes words are these , cap. 25. de mon. hispanica , p. 207 , 208. praeterea suspitionem incutiat amicis elizabethae , saepius iis inculcando fore ut jacobus in amicis elizabethae caedem maternam vindicaturus sit , &c. praesertim cum maria ipsius mater moriens ei religionem catholicam , et sue caedis vindictam serio commendaverit . exasperandi etiam sunt mimi episcoporum & ministrorum anglicorum , proponendo illis , regem scotiae calvini●mum amplexum esse spe et cupiditate regni , adactumique vi a baronibus haereticis : quod it vero regnum angliae etiam obtineat , tum illum cito priorem religionem revocaturum esse , quanddquidem non solum mater defuncta verum etiam ●ex ipse galliarum summopere et illam commendarint . quibus modis fier ut semina belli inextricabilis inter angliam & scotiam ●aciantur , &c. to keep king james from the crown . which nedham thus imitates and pursues , with a little variation , in his interest , sect. 3. of the presbyterians , p. 12 , 13. the royal party will never leave buzzing in c. stuarts ears to quicken his memory , that the interest of your party was in its infancy founded upon the ruin of his grand-mother , continued and improved by the perpetual vexation of his grand-father , and at length prosecuted to the decapitation of his father . be not so weak as to fool your selves that you shall fare better than others . it is the common sence of the cavaliers , that you prepared his father for the block , and are incensed at others because they took from you the honour of the execution . dr. creiton told him , that the presbyterians pulled his father down and held him by the hair , while the independents cut off his head . and after him it was more elegantly expressed by salmatius , presbyteriani sacrificium ligarunt , independentes jugularunt , &c. and p. 5 , 6. the papists having had so fair a creature of the father , for many reasons they have no cause to fear foul dealing from the son . as for his religion ( if any ) it is at best , but a devotion to prelacy , which was bequeathed to him by legacy . all his other pretences of religion in scotland , he forfeited before ever he left that countrey . what profession he hath since owned abroad , hath ( for reasons of state ) been kept very close , yet not so close but he discovered it . but if this be not evident , let us have recourse to reason , and then consider , how long he was under the wing of his mothers instructions in france , and what a nursery flanders hath been for him since , which is the most jesuited place in the world : consider also the urgency of his necessities , disposing him to imbrace any thing , or take any course to get a crown , being under the same influence of the wandring starre , called reason of state , as was his grand-father h. the 4th of france , who shifted his religion to secure a crown , &c. these put all together into the ballance , are ground enough to believe him sufficiently affected , if not sworn to popery . here we have nedham plowing with campanella his heifer , using his very policy , words , arguments in substance to exasperate the presbyterians , independents , and protestant party against charles stuart , and keep him from the crown , as campanella suggested to the king of spain , and the english protestants and prelates , to exasperate them against his grandfather king james for the self-same end , by traducing both in their religion , and meditation of revenge of their respective mothers and fathers decollations . here i shall desire the readers to take special notice of 4. particulars . 1. of campanellaes , the jesuites , forein popish princes and their instruments machiavilian practice ▪ secretly , seriously , frequently to suggest to protestant subjects , that their most orthodox protestant kings , and right heirs to the crown , are inwardly inclined and well-affected to popery , that they profess themselves protestants , only for politick ends , to gain or retain the crown ; that when they are setled in their thrones , they will either profess , or introduce popery ( which would be the jesuits and papists greatest advantage who thus suggest it , if true ) purposly to exasperate their protestan● subjects against , and alienate their affections from them ; yea make them the visible instruments to keep them from their hereditary crowns , to the scandal , prejudice of the protestant religion , though they be most real , cordial , constant professors of it . and whence such scandalous suggestions originally spring 2ly . of the inexcusable malice of nedham , professing himself a protestant , not only in imitating this jesuitical romish practice against his own hereditary protestant soveraign ch. stuart , but transcending it many degrees ; first , by pretermitting his beheaded fathers long education of him in the protestant religion whiles he lived ; and this charge unto him in e writing a little before his death , viz , above all , i would have you , as i hope you are already , well-grounded and setled in your religion : the best profession of which i have ever esteemed that of the church of england , in which you have been educated : yet i would have your own judgement and reason now seal to that sacred bond which education hath written , that it may be judiciously your own religion , and not other mens custome or tradition , which you profess . in this i charge you to persevere , as coming nearest to gods word for doctrine , and to the primitive examples for government , with some little amendment , &c. your fixation in matters of religion will not be more necessary for your souls , that your kingdoms peace , when god shall bring you to them , &c. if you never see my face again , i do require and intreat you , as your father and your king , that you never suffer your heart to receive the least check against , or disaffection from the religion established in the church of england . i tell you , i have tried it , and after much search and many disputes , have concluded it to be the best in the world , not only in the community , as christian , but also in the special notion , as reformed , keeping the middle way between the pomp of superstitious tyranny , and the meanness of fantastique anarchy . the scandal of the late troubles , which some may object and urge to you , against the protestant religion established in england , is easily answered to them and to your own thoughts keep you to true principles of piety , vertue and honour , you shall never want a kingdom . for those who repent of any defects in their duty towards me , as i freely forgive them , in the word of a christian king : so i believe , you will find them truly zealous to repay with interest that loyalty and love to you , which was due to me . in summe , what good i intended , do you perform , when god shall give you power . next , in urging , how long he was under the wing of his mothers instructions in france ( but a few moneths space at most ) and what a nursery ) flanders hath been for him since , which is the most iesuited place in the world ; as his principal reason , to perswade both papists and protestants , to believe him sufficiently affected , if not sworn to popery , as if he had been there educated by his own voluntary election ; and not necessitated , yea forced thither by the army officers , and those in late and present power ( professing themselves the most zealous protestants , and eminentest saints ) full sore against his will . the general council of army officers , in their remonstrance of nov. 20. 1648. presented to the commons house , as they demanded the king to be brought to speedy iustice ; so they propounded , that the prince , and duke of york , his sons , might be declared uncapable of any trust or government in this kingdom , or any dominions thereunto belonging ; and thence to stand exiled for ever , as enemies and traytors , and to die without mercy , if ever taken or found within the same . after his fathers beheading , when he was called in and crowned king by his protestant subjects in scotland ( where he took the solemn league and covenant ) according to their oaths , covenant , duty , laws and principles of the reformed religion : our republican grandees and their gen. cromwel , by a bloudy , unchristian , unbrotherly , invasive war , expelled and kept him out thence , yea out of england too , and all his other dominions , by force of arms after the battel of worcester , septemb. 3. 1651. from whence he was forced to fly disguised , to save his life , into france ; where he landed at newhaven , octob. 2. and some weeks after departed into holland to the princess of orange his sister ( a protestant ) residing with her , and other protestants there , remote from the company and seducements of his mother , and all jesuites , papists that might any wayes seduce him in his religion ; living wholly upon the charity of foreign protestants ; his own protestant subjects then and since swaying , being so stupendiously unjust , uncharitable , as not to allow him or his brothers one farthing , out of all the lands and revenues of his 3. kingdoms , for their necessary support in forein parts , and making it high treason for any of his protestant subjects to contribute any thing towards their support in this their distressed condition ; so conscientiously did they practise these gospel precepes , mat. 5. 44 , 45. c. 22. 21. rom. 12. 13 , 19 , 20 , 21. c. 13. 1 , to 12. c. 15. 26 , 27. 1 cor. 16 , 1. mat. 25. 34 , 35 , 36 , 37. for which they may justly expect that fatal sentence , v. 40 , to 46. yet not content herewith , to deprive him , his brethren , and followers , both of the relief , company , comfort of all their protestant friends and allies in the netherlands , and force them thence into popish quarters , to the hazard of their souls as well as lives , exasperate them all against the protestant religion , and enforce them ( if possible ) unto popery , they engaged themselves and the english nation not only in a most unchristian , bloudy , costly , destructive war with our antient protestant brethren of scotland till they had totally subdued them , but also with our old protestant allies of the netherlands , which war continued from jan. 1651. till april 1654 ▪ almost to the ruin of both nations , and then oliver cromwel concluded a peace with the dutch on these terms , ( sufficiently evidencing the true ground and end of that bloudy war ) that charls stuart , with his brothers , followers , and adherents , should be forthwith banished out of the low countries , and none of them permitted to reside there , or return thither again . upon which , by command from the states , these distressed exiles were forced to remove into france , much against their wills , having no other place of safety to retire themselves to : where they enjoyed the company of their mother , and relief of their popish allies ; as likewise the comfortable christian society , charity , assistance of their french protestant friends , churches , ministers , ministry , to confirm , edifie them in the reformed religion : which cromwel and their english inveterate enemies maligning , endeavoured to expell them thence , and by quarrelling with the french , and ●atring into an intimate league with cardinal ma●arine , ( by the agency of sir kenelm digby a jesuited papist ) concluded a peace with france in novemb. 1655. upon this condition ; that ch. stuart , with all his brothers , followers , adherents , should be forthwith removed out of france , and all the french kings dominious , and not permitted to return or reside therein . being thus driven out of holland and france from the society of all protestants , they were necessitated sore against their wills , to cast themselves upon the protection and charity of the spaniard , and fly into flanders , having no place else to rest their heads , and there to sojourn among papists , and jesuites in great danger , and extreme necessity ; where to their immortal honour , the admiration of all true protestants and papists too , and the envy of their protestant malicious persecutors who forced them thither , they constantly adhere to , and publikely profess the protestant religion , and will not be seduced from it to popery , notwithstanding the manifold affronts , injuries , provocations , reproaches , persecutions of some of their own protestant subjects ; their exile from their protestant kingdoms , their protestant friends in france , holland , their extreme pressing necessities , and the frequent sollicitations , arguments , perswasions , promises , temptations of priests , jesuites , papists and popish princes , a to turn papists , as the only means to regain their rights , and restore ch. stuart to his crowns and kingdoms . now that this his forced exile into france and flanders by a prevailing party of his own protestant subjects , ( against all their oathes , protestations , vowes , covenants , remonstrances , declarations , allegiancos , duties , our known laws , the practice of all the primitive christians , and other protestant churches , the principle of christian religion , and of our own protestant church● , both in our articles , homilies , canons , writers , liturgies , ) and his forced sojourning there amongst jesuites , papists , with his grand necessities , of which they have been the only authors , ( to their own eternal infamy , and intollerable scandal , dishonour , shame , reproach of our protestant kingdoms , churches , religion ) enforcing him to cry out with holy king david , ( when forced by saul , and his rebellious son absolom out of his kingdom from gods ordinances , among pagan idolaters ) ps. 120. 5. wo is me that i sojourn in mesech , that i dwell in the tents of kedar . my soul hath long dwelt with them that hate peace , &c. should be thus objected against him by this rayling shimel , and the authors of it , over and over , as a convincing evidence , that he is sufficiently affected , if not sworn to popery ; notwithstanding his open constant avowed profession of the protestant religion , to the admiration of the world , the joy of all true protestants , and gods great glory as well as his own ; and made now a motive to excite his protestant subjects ( in this juncture of time and revolution of affairs ) to take up arms afresh against him , to keep him still in exile amidst jesuits , papists , and hinder his restitution to his hereditary kingdoms , and the benefit of gods ordinances among his own protestant subjects for his and their preservation , and of the reformed religion , now much endangered by intestin wars , the policies of jesuits , and combination of the pope , and popish princes , to be totally extirpated throughout the world ; is not only a most unparalleld piece of malice and calumny , but the very quintessence of jesuitism , and jesuitical policy . the rather , because all our protestant bishops , ministers , martyrs in queen maries daies , when imprisoned by her for their religion ( though restored to her crown , against the usurpations of queen jane , a protestant , by their assistance , and the a suffolk protestants , quorum propter religioni● causam propensissimus favor janae adsuturum inde sperabatur ; ) by their joynt letter to all their protestant brethren , ( recorded in b mr. fox , ) not only declared queen maries open obstinate profession of popery , to be no just cause in law or conscience , to keep her from her hereditary right to the crown ; but likewise humbly required , and in the bowels of our lord jesus christ beseeched all that feared god , to behave themselves as obedient subjects to her highness , and the supreme powers ordained under her ; and rather after their example to give their heads to the block , than in any wise to rebell against the lords anointed , queen mary , in no point consenting to any rebellion or sedition against her highness . much less then ought his slight suggestions of ch. stuarts secret inclination to popery , against his constant avowed profession of protestantism in the very midst of the most jesuited papists , to be any argument at all for his protestant subjects not to assist , but to rise up and rebell against him , to keep him from the crown . 3ly . the extraordinary sottishness and infatuation of those protestants , who will be cheated , seduced by such jesuitical suggestions , calumnies , as nedham and others have published of him , touching his inclination to popery , to withdraw their affections , assistance from him , either to supply his necessities , or restore him , if not to his hereditary civil rights , yet at least to the comfortable fruition of gods ordinances and christian society in our protestant churches and kingdom , for his spiritual consolation and salvation . 4ly . the most barbarous infernal matchless malice of those degenerated republican and army-saints , professing themselves stars of the greatest magnitude in the protestant orb , in expelling their undoubted natural hereditary protestant king , not only out of all his own protestant realms and dominions , but likewise out of holland and france , where he lived in exile , and had the relief and society of protestants , into flanders , the most jesuited place in the world ( as nedham prints ) where are none but papists ; enforcing him there to live upon their alms alone , and keep him there in exile ; on purpose to necessitate him , with his brothers , followers , adherents , to renounce the protestant religion and party , and become professed papists ; to destroy , murder his and their souls and bodies at once ; and deprive him of his eternal crown in heaven , as well as of his temporal crowns on earth . a be astonished , o heaven , and be ye horribly afraid , at this unpresidented tyranny and treachery ; the highest malignity of jesuitism , and express revived image of the jesuites design , against his grandfather king henry the 4. of france ; who shifting his religion , by the jesuites perswasion to secure his crown and life against their malicious designs ; was soon after , b by their instigation , deprived of both , if not of his eternal crown ; by a stab through his heart , by one of their disciples , though he had bequeathed his heart to them by will , and built them a magnificent college , richly indowed by him with lands and plate . if then c the tree ( as christ himself resolves ) may be certainly known by its fruits , we may easily judge , from whence these rotten bitter fruits of jesuitism originally sprung , and who were the planters of those trees which bear them . but if they cannot effect this infernal design to destroy his soul and body together ; yet they will make use of it to murder his reputation , and render him a suspected ; if not a devoted proselyte to popery , to debar● his return to his protestant kingdoms . d and shall not god visit for these sins ? shall not his soul be avenged on such a nation as this ? i shall add a 4th evidence , ( i only pointed at e before ) worthy special observation ; which will fully answer the late printed sheet , intituled , a clear vindication of roman catholicks from a foul aspersion cast on them by mr. prynne , and mr. baxster ; as if they made and headed sects , had a powerful influence upon the army , in relation to their proceedings against the late king , and changes , to reduce us under the power of rome ; which the nameless author , saith , the chiefest of their clergy and laity ( with whom he hath spoken ) protest to be a black calumny . mr. p. and mr. b. do neither of them charge the roman catholicks in general , but only the jesuites , some of their priests , friers , and jesuitial faction , with these and other like practices , fully charged and proved against them , in iesuitarum per vnitas belgii provincias negotiatio , printed 1616. hospinian , and ludovicus lucius , historia jesuitica , speculum jesuiticum , and others , as well papists as protestants . for their heading sects and the late quakers , i have divers instances , besides those published , to evidence it ; and for their deportment in relation to the kings death , and the change of our government , this one instance may satisfie them and others . when the king was executed before whitehall , jan. 30. 1648. mr. henry spottesworth riding casually that way just as his head was cut off , espied the queens confessor there on horseback in the habit of a trooper , drawing forth his sword , and flourishing it over his head in triumph , ( as others there did ) at this spectacle . at which being much amazed , and being familiarly acquainted with the confessor , he rode up to him , and said 3. o father ! i little thought to have found you here , or any of your profession at such a sad spectacle . to which he answered , there were at least forty or more priests and iesuites there present on horseback besides himself ; which being afterwards objected by a protestant friend of his to a romish priest , he had no excuse to make for it , but this , that one end of his & their coming thither , was . that if the king had died a roman catholick he might not want a confessor , had he desired one . this the gentleman ( now dead ) and his sister ( whom the confessor oft sollicited to turn papists ) within few daies after , and at other times seriously related to a bencher of lincolns inne his familiar acquaintance ( who oft reported it to me and others ) using it as one chief reason , why thy refused to turn papists ; and because they also found the jesuits and popish priests both before and after the kings death , had divers meetings about london , to alter the government , and disinherit the kings posterity . which compared with their releases from imprisonment , and free liberty they enjoyed , ever since the kings death till now under the new republike , whiles divers protestant ministers , gentlemen , noblemen , and some members were under close restraints , with the late proviso in the proclamation of iuly last ( occasioned by my narrative ) for banishing iesuits , priests , and such cavaliers of the kings party who had not compounded , ( the principal parties aimed at ) by the 1. of august , under pain of high treason : provided , that if any of them , ( jesuits or popish priests , a traytors by sundry laws yet in force , as well as protestant cavaliers , made traytors only by this new proclamation , equally ranged with iesuits , priests , and only inquired after ) should submit themselves to the present government , and give security for their obedience and peaceable deportment ; that this proclamation should not extend unto them ; but that they might still continue amongst us . since which i hear of sundry protestant ministers , gentlemen , noblemen , and some secluded members , secured , imprisoned , prosecuted in most counties , which every diurnal is fraught with , but not with one iesuit or popish priest yet apprehended , though there be multitudes of them in england . which new evidences , compared with those in my narrative and other publications , will i trust fully satisfie all disinteressed persons in this grand question , till time shall discover further proofs ( as it doth each year ) to resolve this controversie , if these be not sufficient . as for i. rogers and his disciples , they deny the jesuits and popish party to have any share in our late changes , because they would monopolize the honor and reward thereof to themselves alone : witness this querulous passage to his revived high court of parliament , p. 96. we can tell you , that no men in england did more ( if so much move , run , write , meet , counsel , pray , sit up night and day to effect your return into the place of trust where you now are , than those whom you grieve , ●light , frown upon , and do least for , in point of justice , conscience , or encouragement , this is grievous , and must needs prove dangerous to the whole at the last . and p. 119. we have suffered bonds , banishment , plunderings , perils of life , liberty , estates , 5 , of 6. years together , in many prisons one after another ; and yet no reparation , restitution , provision , or encouragement , for holding ou● like fortresses , against so hard a siege . all this for the cause , and commonwealth : worthy of thanks at least , who have been instruments of your restitution : but these are slighted by friends and foes : the pipers , dancers , and devisers of new forms to trouble us with : that are rather the incubus than incumbents of a frée-state . if this his complaint be true , it is either a just punishment of god upon him and them for their innovations , prov. 24. 21 , 22. or an evidence , the jesuits and romanists had a greater share and activity in the cause , and our changes , than he and his wee , which makes them so much slighted , and them in greater favor than before . the last question , question 6 professedly handled by nedham , obliquely by rogers , ( the substance of both their pamphlets ) is this , which concerns me as an english freeman briefly to debate ▪ that the world may judge , whether i and other secluded members be so * beblam-mad , or such breakers of our trusts , and enemies to the publike , as they scandalously report us . whether our 〈◊〉 hereditary kingly government , and restitution thereof to the right heir ; or late , yet unformed , revived commonwealth , and future establishment thereof , to prevent a relapse to kingship and kingly government , be englands true publike interest , as men or christians ? what i formerly alleged in my speech and memento 1648. anatomy and narrative 1659. in defence of kings and kingly government , and the mischiefs of a republike , ( to which these antag●nists have not answered one syllable ) is sufficient to resolve this question : i shall only adde thereto by way of supplement , 1. in the affirmative ▪ that the restitution and preservation of our old hereditary kingly government by common consent ( especially upon the substance of the late kings large concessions in the isle of wight ) is the only true publike interest of england , both as men and christians : as men , 1. because it is that form of government which all our predecessors in this island , whether bri●ons , saxens , danes , normans , english have constantly embraced , continued , maintained , ( as all our * historians assert ) from its first plantation by brute , till 1648. ( except during their sore bondage under the roman emperors and their deputies ) in all publique changes , revolutions , as the best , safest , freest , happiest , universallest , antientest , honourablest , durablest , di●inest , least inconvenient , least oppressive , and most agreeable to the temper , weflare , desires , liberties of the people , of all other forms of government whatsoever . 2. because all our great councils , parliaments , in all ages ( as their proceedings , acts , canons , and writs of summons attest ) have constantly maintained , continued , established , defended kings and kingly government , as their only publike interest , wherin the unity , peace , wealth , welfare , safety , liberty , property and hereditary succession of all the subjects and their posterity in their lands and inheritances * most principally and specially , above all other worldly things , consist and rest : whereupon they have most carefully and vigilantly * provided for the security of the kings royal person , succession , heirs , successors , the rights , privileges , jurisdictions , prerogatives , lands , revenues of the crown , and kingly government , against all treasons , conspiracies , insurrections , rebellions , attempts whatsoever to destroy , disinherit , suppresse , alter , subvert , impair them , or any of them , by sundry successive acts of parliament , sacred solemn oathes , obligations , securities of all kinds , in all ages , till 1648. and the last parliament of king charls ( whereof most now sitting were members ) by more solemn † printed oaths , protestations , vows , national leagues , covenants , petitions , votes , remonstrances , declarations , ordinances , than any or all precedent parliaments whatsoever , as i have elsewhere proved at large , and the imprisoned and secluded members too in their vindication . 3ly . because the manifold incessant intestine and forein wars , insurrections , tumults , divisions , factions , revolutions , alterations , subversions of governments , parliaments , republikes , legal processe , proceedings ; the unconstant fluctuating condition of our state and civil affairs , the intollerable doubled , trobled , quadrupled taxes , excises , imposts , militiaes , and other exactions ( amounting under our former and present free state to one intire subsidy every week in the year , when as our former publike taxes under our kings , exceeded not usually one subsidy or fifteen in 2. or 3. years space ) the infinite unspeakable oppressions , rapines , plunders , sequestrations , confiscations , forfeitures of our offices , lands , estates ; imprisonments , close imprisonments , confinements , banishments , illegal restraints , executions of our person● , ransacking of our houses , studies , writings , and other grievances , outrages , violences we have suffred by unparliamentary convinticles , arbitrary tyrannical committees , new high courts of injustice , army officers , souldiers , sequestrators , excisemen , and other instruments of oppression ; the sales , dissipations of all the crown lands , rents , and standing publick revenues of our 3 kingdoms , which should defray the ordinary expences of the government ; of bishops , deans , chapters , and many thousands of delinquents lands , estates , woods , timber , without any abatement of publike taxes ; the impoverishment , destruction of most of the antient nobility , gentry , corporations throughout our 3. realms ; the infinite decay of all sorts of trade by land and sea , of publick and private justice , truth , honesty , integrity , charity , amity , civil society , hospitality , neighbourhood , friendship ; the inundation of all sorts of vices , treachery , perjury , hypocrisie , cheating , lying , dissimulation , subornation of perjury , false accusations , forcible ejectments , detainers , robberies , murders , treasons , destruction of houses , timber , parks , woods , ponds , forests , with other miseries tending to publike desolation , we have 〈◊〉 , suffered , groaned under , without intermission , or any hopes or probability of redresse ; with sundry other incroachments upon the city and country in the freedom of their elections of mayo●s , aldermen , officers , knights , citizens , burgesses ; and the frequent securing , secluding of parliament members , & forces upon parliaments themselves to interrupt , dissolve them ever since the abolishing of our kings , kingly government , the erection of a pretended free state , or commonwealth , and prologues thereunto ; compared with judges 17. 6 , &c. c. 18. 1 , &c. c. 21. 25. ezech. 19. 12 , 13 , 14. c. 21. 27. c. 29. 14 , 15. hos. 3. 4. c. 10. 3 , 7 , 15. are an infallible , experimental , sensible evidence , and demonstration , that kings and kingly government are englands true , only publike interest , as men . that it is so , as christians , is apparent : 1. by gods own promise to his church and people under the gospel : * that kings shall be their nursing fathers , and queens their nursing mothers ; more particularly † kings of the isles , ( chiefly verified of our island , as i have evidenced in my narrative , p. 84. and sir henry spelman in his councils , and epistle to them ) and none other kinde of governors expressed by name , but they , in sacred writ . 2. by the 1 tim. 2. 1 , 2 , 3. i exhort therefore , that first of all supplications , prayers , intercessions , and thanksgivings be made for all men ; for kings , and for all in eminent places ( under them ) that we may lead a quiet and peaceable life in all godliness and honesty ; for this is good , and acceptable in the sight of god our saviour : compared with ezra 6. 10. c. 7. 23. jer. 9. 7. which duty of making supplications , prayers , intercessions for kings and emperors , whether pagan or christian , heterodox or orthodox , protectors or persecutors , the churches , christians & saints of god in all ages , places , kingdoms have constantly & conscientiously practised , as their interest , and the principal mean● prescribed by god himself , for their quiet , peace , good , welfare , safe●y , prosperity , increase in godlinesse , honesty , and well-pleasing unto god their saviour ( whose * loving kindnesse is better to them than life , and their greatest felicity ) as i intend to evidence in a particular treatise . neither hath the church and people of england been inferior to any others in this duty , as i could abundantly evidence by ancient canons , missals , processionals , liturgies , the a clause rolls in the tower , and other testimonies , with the praiers used at our kings coronations before the reformation of religion , which i preter●it , and shall give you only a brief touch of their loyalty and practice since we became protestants . at the respective coronations of king edward the 6. king james , and king charles , there were sundry excellent fervent prayers and supplications powred out to god with ardent affections on their behalfs : wherein all the prelates , clergy , nobility , gentry , people present at this solemnity prayed frequently for the kings long life , health , wealth , bonor , safety , prosperous reign , victory over all his enemies , increase of all royal graces , vertues , for all temporal , spiritual blessings , and eternal glory in heaven , &c. to be abundantly powred forth upon his own royal person ; and likewise for the increase and succession of his royal posterity in the throne in all ages , in these ensuing words in 3. several praiers . establish him in the throne of this realm , visit him with increase of children , that his children may be kings to rule this kingdom by succession of all ages . let the blessings of him that appeared in the bush descend upon his head , and the fulness of his blessings fall upon his children and posterity . let his horn ●e exalted as the horn of a vnicorn , by which he may scatter his enemies from the face of the earth . the lord which sitteth in heaven be his defender for ever and ever , through jesus christ our lord . amen . after sundry such prayers and his coronation , all the spiritual & temporal lords present kneel down and do their homage to him in these words . i become your man , and shall be faithfull and true , and troth bear unto you our soveraign lord , and to your heirs kings of england , of life and limb , and of earthly worship , against all men that now live and die . and i shall do and truly knowledge the service of the lands which i claim to hold of you . so god help me . all of them kissing the kings left cheek . the homage being ended , they all touch the crown with their hands , by way of ceremony , as promising to support it with all their power . which done , they all holding up their hands together , in token of their fidelity , with one voyce on their knees say , we offer to sustein and defend you and your crown with our lives , lands and goods against all the world : and with one voyce cry , god save king charles . which all the people follow with reiterated shouts and acclamations . after the coronation of every king , and of our last king charles , in all churches , chapels , and religious families throughout his dominions , and in both houses of parliament every day they sate ( as well after as before the wars ) constant publique and private prayers , were continually made to like effect for him and his royal posterity , as the liturgy , collects in the book of common prayer , the directory it self , the practice of piety , & other prayer-books prescribing forms of prayer for private persons and families morning and evening , and every mans experience attest ; yea such was our zeal and devotion in this kinde , that most persons concluded all their graces before and after meat , with this prayer , or the like in effect , god save his church , our king , prince , the royal issue and realms ; god send us peace in christ our lord , amen . as being englands true interest both as men and christians . how can , how dare we then unpray , renounce , abjure , engage , subscribe , vote , fight against all those publike , private prayers , graces we thus constantly , fervently made to god for sundry years together , and the oathes , homage , fealty , protestation , solemn league and covenant we successively swore in the name , presence of almighty god , with hands and hearts lifted up to him , by praying , engaging , subscribing , voting , fighting against the kings right heir , successor , and royal issue , and banishing , dishinheriting , renounci●g , abjuring , secluding them out of all our churches , prayers , realms for ever , to set up an vtopian republike , without * mocking god himself to his very face , willfully violating this evangelical precept , contradicting the practice of all the churches , saints of god in all ages , places , yea disclaiming englands publike with our own private interest , and forfeiting our own eternal interest in heaven , as we are saints and christians ? i beseech all christian englishmen in the name and fear of god , most seriously to consider and lay it close to their consciences , without delay ; and examine how they can justifie , excuse it either to god or man . 3ly . by the extraordinary inundation , growth , increase of all sorts of blasphemies , heresies , errors , religions , sects , atheism , irreligion , prophanesse , contempt , rejection , denial of gods word , sacraments , ministers , ordinances , prayer , singing of psalms , catechising , repetition of sermons , apostacy , lukewarmnesse , hypocrisie , perjury , spiritual and outward pride , effeminacy , luxury , whoredom , incest , hypocrisie , formality , envy , hatred , malice , back-biting , slandering , sacrilege , libertinism , covetousnesse , oppression , cruelty , all sorts of ●ins and wickednesses whatsoever . the strange decay , decrease of true real christian zeal , piety , devotion , faith , love , charity , brotherly kindnesse , heavenly mindednesse , contempt of the world , fear of gods threatnings , judgements , and all other christian graces , virtues : substractions of ministers tithes , dues , glebes , rewards , pensions , benefices , augmentations ; scorned , reviled , railed against , disturbed , persecuted by sectaries , quakers ; sequestred , suspended , ejected , silenced by arbitrary committees , as meer tenants at will of their ministry and freeholds , ever since the abolishing of kings , their nursing-fathers , by those various step fathers , and plunderers of the church and ministers who have hitherto succeeded them , and given publike toleration , protection to all religions , sects , seducers , almost to the total extirpation of the true orthodox reformed religion throughout our dominions . to this i shall adde , that as there neither is nor can be any possible ease , or cure of dislocated , fractured joynts , bones , limbs in the natural body , nor restitution of health and soundnesse to it by any unguents , cerots , balms , bolsters or artifices whatsoever , but only by the timely , speedy restitution of every bone , joynt , member to its proper place , and keeping them therein by strong astringent medicaments and ligaments : so all our new state-physicians , chirurgions , a politicians , councils at westminster , white-hall , or in the army , with all their ar● , skill , for near 12. year● space together , by all their new-projected models of republikes , parliaments , governments since the abolishing kings and kingship , could not hitherto ease , cure , or restore to health , the inverted , broken bodies of our church , state , ( which have grown every year more and more consumptive , convulsive , decrepit , incurable , disquieted , tormented , and lie now at the very point of death , under all their several applications , as we feel by sad experience ) because they have not endeavoured to restore the fractured , dislocated chief members , bones , joynts there of to their proper places , but laboured all they could to keep and put them further out ; when as there neither is nor can be any probable or possible way of restoring ease , health , soundnesse , safety , prosperity to them , but by a speedy restauration of their lawfull hereditary head , and noblest members to their due places , offices in them . this consideration , not only the secured and secluded members made the ground-work of their premised vote , decemb. 5. 1648. upon the long debate ; but likewise both houses , kingdoms , and those now sitting together with them , the basis of their protestation , league , covenant , petitions to , and treaties with the late king , and of these two memorable protestations , passages in their b declarations of october 22. and novemb. 2. 1642. worthy consideration . we the lords and commons in this present parliament assembled , do in the presence of almighty god , for the satisfaction of our consciences , and the discharge of that great trust which lies upon us , make this protestation and declaration to the kingdom and nation , and the whole world ; that no private passion or respect , no evil intention to his majesties person , no design to the prejudice of his just honor and authority , engaged us to raise forces , or take take up arms against the authors of this war , wherewith the kingdom is now enflamed , and we have alwaies desired from our hearts and souls , manifested in our a●tions and proceedings , and in several humble petitions and rem●nstrances to his majesty , professed our loyalty and obedience to his crown , readiness and resolution to defend his person and support his estate with our lives and fortunes to the uttermost of our power : and by our loyal affections , actions and advice lay a sure and lasting foundation of the greatness and prosperity of his majesty , and his royal posterity in future time . mark their reason : for though the happiness of this and all other kingdoms dependeth chiefly upon god ; yet we acknowledge that it doth so mainly depend upon his majesty and the royal branches of that root , that as we have heretofore , so we shall hereafter esteem no hazard too great , no reproach too vile , but that we shall willingly go through the one , and undergo the other , that we and the whole kingdom may enjoy that happiness , which we cannot in an ordinary way of providence expect from any other fountain or streams than those from whence ( were the poyson of evil counsels once removed from about them ) we doubt not but we and the whole kingdom should be satisfied most abundantly . the philosopher * seneca asserts , that all nations are most ready not only to guard and defend their king , though old or decrepit , but to preserve his life with the hazard of thousands of their own ; not out of any basenesse or frenzie , but because it is their own interest and safety . ille est enim vinculum per quod respublica cohaeret ; ille spiritus vitalis , quem haec tot millia tra●unt , nihil ipsa per se futura , nisi onus & praeda , si mens illa imperii subtrabatur . — * rege incolumi mens omnibus una ; amisso rupêre fidem : hic casus romanae ( i may add anglicae ) paci● exitium erit , hic tanti fortunam populi in ruinas aget . tamdiu ab illo periculo aberit hic populus , quamdiu sciat ferre fraenos : quos si aliquando abruperit , vel aliquo casu discussos reponi sibi passus non erit , haec unitas , et hic maximi imperii contextus i● partes multas dissiliet , idemque huic urbi dominandi finis erit , qui parendi fuerit ( which we have found true by sad experience ) ideo principes , regésque non est mirum amari ultra privatas ●stam necessitudines . nam si sanis hominibus publica privatis potiora sunt ; sequitur , ut 〈◊〉 quoque carior sit , in quem se respublica convertit . olim enim ita se induit reip : caesar ut diduci alterom non possit sine utriusque pernicie : nam ut illi viribus opus est , ita et huic capite . therefore let nedham , rogers , or other pseudo politicians scrible what they please , to flatter any prevalent , ambitious , covetous faction or grandees whatsoever , yet if all our antient parliaments , lords , commons , seneca , our own experience , god himself , or solom●n the wisest of men , of kings , may be credited ( prov. 24. 21. c. 28. 2. eccles 8 2 , 3. c. 12 , 13. hos. 10. 3 , 7. hab. 1. 10 , 14 , 15. ezech. 37. 19. to 28. zach 9. 9. lam 4. 20 ) there is no other probable , safe , speedy way to prevent our ruine , cloze up our breaches , settle our church , state upon lasting foundations , and recover their pristine honor , wealth , peace , unity , prosperity , but by restoring our hereditary king and kingship , the real interest of all england , and of scotland and ireland too , both as men and christians : which we ought in prudence , justice , conscience , dutie , pietie , loyaltie , now zealously , constantly , unanimously to pursue against all contradictions , oppositions of any private persons , parties self interests whatsoever : who if they had any true fear of god , any conscience of their former oathes , protestations , vows , covenants , declarations , remonstrances , any loyaltie to their hereditarie king , any bowels of compassion or cordial affection to their native countries peace , safety , ease , settlement , or zeal to the reformed religion , would like that heroick publike spirited pagan roman emperor * otho , chuse rather to make a voluntary sacrifice of themselves and all their usurped power ( as he did , against all the dissuasions of his army , soldiers , friends , relinquishing the empire to vitellius his competitor ) than imbroil the empire and romans any longer in bloudy destructive wars , not against hannibal , pyrrhus , or any other common enemies 〈◊〉 ●ome , 〈◊〉 against the romans themselves , wherein both the 〈◊〉 and conquered did but weaken , ruine and destroy their own country , nation by their contests , and make themselves a derision , prey to their forein enemies : as our grandees do now . for the negative ; that the late revived yet unformed commonwealth , and its future establishment , to prevent a relapse to kingly government , neither is , nor can be englands true interest as men or christian , is evident by the premises : and these ensuing reasons . 1. it never was once in imagination or projection of the parliament or army , before the year 1648. but only of the jesuites , campanella , and our spanish , french , popish adversaries , purposely to ruine our protestant kings , kingdom , religion . 2. it was professedly disclaimed , * voted , declared against , as treasonable , and destructive to the being of parliaments and fundamental government of the kingdom ( when objected by the kings party , 1642. and propounded to the house by the levellers and agitators ) by both houses of parliament and the general council of officers in the army : in june , july , august , november 1647. 3. the commonwealth contested for as englands interest , is as yet but only ens in potentia , or meer chaos , a rudis indigestaque moles ; b without form and void , and darkness is upon the face of it ; the chief sticklers for it , being not yet accorded what kinde of creature it shall be ; and much divided both in their debates , judgements , affections , opinions concerning it : some would have it to be an c aristocraty , others a democraty , many a theocraty , some an oligarchy ; many are for a roman , some for an athenian , others for a lacedemonian , not a few for a venetian , another partie for a helvetian , or dutch commonwealth . some for a vast body with two heads ; others for a head with two bodies ; a third sort , for a body without any head : printing against each others models with much eagerness . now that such an individuum vagum , rude chaos , and commonwealth as this , not yet agreed upon , should be englands interest , and the good old cause , a●rogers , nedham , harrington , and others would make men believe , is not only a fancy , but frenzy to a●●irm ; seeing englands interest was ever in being since it was a kingdom , and their vtopian republike like the chymists philosophers●stone , never yet in esse , but in fieri , or fancy at the most , and a meer new nothing , as their mercuries inform us . 4ly ▪ the late unshaped , revived commonwealth and pretended free state , at its first erection , like a prodigious all devouring , unsatiable monster , rai●ed our monethly contributions , from 3● . to one hundred , and sixscore thousand pounds contribution each moneth , and since its new revival hath raised a whole years tax upon our exhausted purses in 3. months space , and then imposed no lesse than one hundred thousand pounds each moneth , in lieu of the former 35 thousand ; besides excises , customs , new intollerable militiaes , amounting to thrice as much more : besides it consumed all the crown-lands , church-lands , & publike revenues of our 3. kingdoms , with thousands of delinquents estates , all alienated , dissipated , being more expensive , oppressive , wastefull to our nation in ten years space , than all our kings since the norman conquest , or saxon line ; only to make us greater slaves to our late mercinary army , servants , & fellow subjects , than ever we were to our beheaded king , or any of his roial predecessors , whose a loyns were nothing so heavy , as their little finger ; chastising us with scorpions in new arbitrary , tyrannical committees , high courts of justice , and other exorbitant judicatures ; when as our kings corrected us but with rods . it hath subverted our kings , parliaments , peers , laws , liberties , properties , great charters , legal courts , writs , seals , commissions , judges , justices , sheriffs , officers , coyn● , government , destroyed our publike and private wealth , trade , unitie , amitie , peace , timber , palaces , woods , shipping , and many thousands of our gallantest sea-men , land-men , by bloudy wars with our protestant brethren , allies , and brought us to the very brink of ruin in all our civil concernments , as men . as christians , by its toleration , fomentation of sects , heresies of all sorts , it hath shaken , undermined in a great measure , the very deitie of god the father , god the son , and god the holy ghost , the trinitie of persons and unitie in the godhead ; the authoritie , divinitie of the scriptures ; all the arti●les of the creed , the sacraments , ministers and ministrie of the gospel ; the fabricks of many , the freeholds of all ; the maintenance of most of our churches , ministers , all now meer tenants at sufferance , and removable , sequestrable , taxable at our republican grandees pleasures , yea their new heralds , baylifs to proclame in churches whatever they prescribe , under pain of ejectment or their heaviest indignation . in brief , the introduction of our unshaped republike by perjurie , treacherie , violence , bloud , fraud , injustice , destruction of our protestant kings , lords , parliaments , hath made many zealous professors of religion jesuites in their policies , principles , practises , a atheists in their works ; christ himself and the gospel ( as the atheistical pope esteemed them ) a meer fable , in the repute of many , yea the protestant religion , a meer seminary of treason , rebellion , sedition , hypocrisie , perjury , disloyalty , villany , ataxy , antimonarchy ; and the zealous professors of it , the meer firebrands of rebellion , sedition , high treason against their soveraigns , in the estimation of b foreign jesuits , papists , and popish princes ; who endeavour their total extirpation throughout the world as such . and can it be then englands true interest , as men or christians ? 5. j. rogers himself ( the grand champion for the good old cause and commonwealth ) in his concertation , p. 100 , 103 , 104 , 116 , 117. informs us ; that commonwealths are alwayes subject to frequent changes and alterations ; every one more oppressive , tyrannical , cruel , bloudy , prejudicial , destructive to the peoples liberties , properties , lives , than the other ; instancing in the romans , and athenians , which committed the greatest outrages upon the people , being little better than a daily massacre of the most eminent worthies , and hangmen , tormentors of the commons ; which vicissitudes , alterations , proved the athenians utter destruction , and may be a fair warning to us ; because the causes of such mutations , are the most dangerous commotions , which tend to the ruine of all ; as he proves but of aristotle polit. l. 5. c. 1. for prevention whereof he prescribi● 12 considerations , unable to cure the fluctuatinge uncertain state and mischief of a commonwealth ; of which we have already had , and shall sodenly have again sufficient experience . and can a commonwealth then be englands present or future interest in any sence ? in brief , as it is the beautie , safety , interest of every natural living body , whether of men , beasts , fowls , fishes , or creeping things to have only one head to govern , one soul to animate it by gods own most divine and wise institution ; a two-headed bodie being an unnatural uselesse monster , and a double-souled man , creature , unstable in all his wayes , jam. 1. 8. so it is the safetie , beautie , interest , ligament of every politick bodie whatsoever . hence we find not only in all monarchies , but in all republikes themselves , one master over every family , one mayor over every city , one rector over every college , school , hospital , fraternitie ; one sheriff over every county , one governor over every province , one rector over every parish church and congregation , as there is but ‖ one king , lord , head , mediator jesus christ , over the catholike church ; one pilot over every ship , one admiral in chief over every fleet ; and in armies themselves , one general and chief commander over every army , brigade , partie ; one colonel over every regiment , one captain over every companie , troop , one governor over every fort , garison both abroad and at home ; a pluralitie of lords , masters , generals , governours , rectors , &c. being alwaies in all and every of these not only dangerous , troublesom , inconvenient , chargable , but distractive and destructive too , as all ages , nations have concluded from reason and experience . therefore , a monarchical , hereditarie kingly government ( let rogers , nedham , and our innovating frantick republicans prate what they will ) must be englands true and only interest , honor , safety , felicity , both as men and christians , so long as there shall be but * one sun in the heavens to rule the day , and one moon the night . monarchy and one-nesse being the only ground , ligament of peace , unity , safety both in church & state ; but polarchie the cause of ruin , confusion ; as god only wise resolves against all brain sick novellers , ephes. 4. 3 , 4 , 5. 6 , 1 cor. 8. 6. c.. 12. 4 , 5 , 6 , 11 , to 31. pro. 28. 2. isay 19. 2 , 3. c. 9. 19 , 20 , 21. ezech. 37. 22 , to 28. 1 kings 14. 30. c. 15. 7. 16. let this last question be now put to all the freemen of the english nation ( and of scotland , ireland too ) whom it all alike concerns , and the a army with those b now sitting , have formerly voted , to be the only supreme authority of the nation , and themselves to be but their servants , not their soveraigns , and therefore cannot in reason , justice , conscience deny them , or any of them the freedom of their voices herein , in the present juncture of our affairs ; and then i dare pawn my reputation , life , against my antagonists . i shall have above a thousand voices concurring with me , to one , consenting with them : and having both vox populi , and vox dei too , thus suffragating with me , in the supreme universal parliament of all english freemen without the house , i hope no private persons , not commissioned by the peoples free elections , will presume to contradict or repeal their major vote , within the commons house , though they have thrice secluded me out of it by armed guards , before any legal accusation , trial or conviction whatsoever , from pleading of this their publike cause therein : which i wholly submit to their universal censure and decision , till we can gain a full and free , much-desired legal parliament in both houses , to resolve this doubt , which gods wonder●working providence , i trust will ere long effect , by dashing the army and their new juncto sudainly in pieces against each other , and turning them all out of dores , with greater contempt , violence , hatred , dissipation than before , april 20. 16●3 . 〈◊〉 being a principle in law , policy , nature ; eodem modo quo quid constituitur , dissolvitur , and a just judgement of god , to cast them out of the house , for their most treasonable vsurpation of a regal and parliamental power over the whole three kingdoms , and secluding the majority of their fellow members against all rules of law , justice , conscience , the rights , privileges of parliament , and their former protestation , league , covenant , remonstrances , by the self-same army●officers , who ▪ secluded them by their confederacie ; and now have called them in again , for the ends recited in my narrative ; which if they refuse to prosecute ▪ at the armies and sectaries instigation , john rogers his scurrilous passages and queres , against the old secluded members , p. 7 , 38 , 39 , &c. and ne●hams large justification of their former seclusion , upon false , irrational , jesuitical principles , will sufficiently animate them to thrust their masters out of doors , uppon the self-same reasons and false pretences he allegeth for that seclusion , with their approbation ; yea rogers his discontented passages forecited , ( p. 46 , 47. ) threaten some sudden approaching storm and ejection to them which they shall not escape ; — nec enim lex justior ulla quam necis artifices ar●i perire suâ . so that all the surviving re-secluded members , and our oppressed wearied nations sha●e ere long once more have cause to say and sing with the kingly prophet , ps. 9. 15 , 16. the heathen are sunk down in the pit that they made ; in the net which they ●id , is their own foot taken . the lord is known by the judgement which be executeth , the wicked is snared in the works of his own hands . haggaion . s●lah . 〈◊〉 , sept. 23. ●6●0 . finis . notes, typically marginal, from the original text notes for div a56142e-550 a 2 pet. 2. 18. jude 16. b in his , p. 35. to 41. c page 4. 119. d p. 20 21 , 22 , 24 , 98 , 57. e his own phrases , p. 3 , 4. f p. 59 , 65 , 26. g p. 24 , 25. h p. 10 , 17 , 18 , 19 , &c. i psal. 64. 3. k rogers , p. 2. l see my speech , dec. 4. 1648. p. 79 , to 94. m as himself proves concertation , p. 43 , 44. n page 1. a page 36 , 3● . * recorded in the statute books of ●topia or his lying mercuries , but no where else . b in my epistle before my speech , dec. 4. 1648. and vindication of the secured and secluded members . a tertull. apologia pro christianis . * col. rich , his election at cyrencester as foul as any . * and 8 of them , by writs after the kings death ; as mr. cycil . that self-degraded earl of salisbury and others . a see the epistle & appendix to my speech , 1648. a john 8. 44. a the armies declaration , apr. 20 1653. august 22. 1653. and a true state of the common-wealth of england , p. 8 , 10. a see the second part of my register , & kalendar of all parliamentary writs . objection . a nedham , p. 31. * as they have done now again , octob. 13. since this was first printed . a see their declaration &c votes , m. 17. for suppressing the lords house . b see my plea for the lords . * pag. 35. to 42. a deut. 17. 8 c. 19. 15. john 7. 51. acts 19. 38. c. 25. 17. magna carta , c. 29. & cook ibidem . b see my plea for the lords , p 424 to 460. * in his bridebush . * he dyed a jesuit , in the jesuits college at rome . * see speed , t●ussel , holinshed , walsingham , hall , stow , and others in r. 2. & h. 4. my plea for the lords , p. 424 ▪ to 456. * especially the members sitting by writs issued by the keepers of the liberties of england after the kings beheading . † of 120 , & ●00 thousand pounds a month , by a whitehall ordinance . * which by the fame law , reason , they have since thrust out of dores , & usurped the supreme legislative power to their general council of army officers , & committee of safety , repealing , nulling their juncto●s , acts orders , proceedings , to all intents whatsoever , in their declaration , oct. 27. 1659. a see the acts votes , declarations against them . * as the general council of officers of the army , in their declaration , octo. 27. 1659. p. 18 , 19. intend to do . * much lesse their general council of the army-officers , and new committee of safety . * and fleetwood , with his new committee of safety now . * page 40 , 41. * totles magna carta , f. 52. hen. de knyghton de event . angl. l. 3. c. 14. my plea for the lords p. 268 , 269 , 278 , 279 , 280 , 193. exact abridgement , p. 53. 195 , 368 , 376 , to 385. * hobards reports . p. 155. 183. a p , 27 , to 36. * p. 34 , to 41. i see their printed petitions to that effect to king james . mr. edwards gangraenaes and treatise against toleration . k see my epistle before my historical and legal vindica●ion . e {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , p. 235. to 251. a see militiere his victory of truth , dedicated to him : & mutatus polemo , p. 32 , 33. a rerum anglicarum , annales , lond : 1616. p. 3. p. 116. & mr. fox , vol. 3. b acts and monuments , vol. 3. p. 101 , 102. a jer. 2. 12. b see the general history of france . hospinian , & ludovicus lucius , hist. jesuitica , l. 3. c. 2. speculum jesuiticum , p. 75. 80. c mat. 7. 16 , 20. d jer. 5. 9 , 29. e true & perfect narrative p. 62. a 23 eliz. c. 1. 27 eliz. c. 2. 1 jac. c. 4. 3 jac. c. 5. * rogers , p. 6 10 , 37 , 38. 119. nedham , p. 32 , &c. * see gildas , beda , aethel●ed , 〈◊〉 , mat. westminster , geoffry monmouth , wigorniensis , malmsbury , huntingdon , hoveden , matt. paris , walsingham , simeon d●nelmensis , brompton , knyghton , holinshed , grafton , speed , fox , baker , cambdens britannia . * 25 h. ● . c. 22. 1 eliz. c. 1 , 3 , 4. 5 jac. c. 1 , 2. with the acts in the narrative , 〈…〉 * see rastal treason , crown , provision , & praemunire , rome , recusants . † see an exact collection , and collection of them , my speech , memento , prynne the member reconciled to prynne the barrester , the good old cause truly stated . * isay 49. 23. c. 60. 3 , 10 , 11. † ps. 72. 10 , 11. isa. 42. 4 , 12. c. 51. 5. c. 60. 3 , 9 , 10. c. 66. 19. * ps. 63. 3. a cl. 22 e. 1. dors . 10 , 11. cl. 24 e. 1. d. 8. 10. cl. 27 e. 1. d. 7. cl. 32 e. 1. d. 7. 16. cl. 34 e. 1. d. 9. 16. cl. 35 e. 1. d. 9. 15 , 17. b liber regalis . ms. the breef of the rites & prayers used at the kings coronation ms. * gal. 6. 7. a see their declaration , may 6. 1659. b exact collection , p. 663 , 664 , 695 , 696 , see p. 631 , 632 633. 641 , to 645 , 657 , 658. * de clementia , l. 1. c. 3 , 4. * virgil . georg . l. 2. * ●uetonius , tacitus , eutropius , plutarch , & grimston in his life . * exact collection . p. 657 , 658 , 695 , 696 see my speech , p. 80 , 81 , 101 , 102 , 103. a ovid metamorph . lib. 1. b gen. 1. 2. c rogers concertation , p. 62 , 70 , &c. a 2 chron. ●0 . 10. a titus 1. 16. 2 〈◊〉 1. 1. jude 4. b cornelius cornelii praefatio in minores prophetas . militiere his victory of truth . see my narrative , p. 55. ‖ ezech. 37. 23. ephes. 4. 4 , 5 , 6. 1 cor. 8. 4 , 6. * gen. 1. 16. psalm 136. 8. a in their agreement of the people , & declaration 20. nov. 1648. b jan. 6. 1648. healthes: sicknesse. or a compendious and briefe discourse; prouing, the drinking and pledging of healthes, to be sinfull, and vtterly vnlawfull vnto christians by arguments, scriptures, fathers, moderne diuines, christian authors, historians, councels; imperiall lawes and constitutions; and by the voyce and verdict of prophane and heathen writers: wherein all those ordinary obiections, excuses, or pretences which are made to iustifie, extenuate, or excuse the drinking or pledging of healthes, are likewise cleared and answered. by william prynne gent. hospitii lincolniensis. prynne, william, 1600-1669. 1628 approx. 295 kb of xml-encoded text transcribed from 61 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a10184 stc 20462 estc s115452 99850671 99850671 15892 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a10184) transcribed from: (early english books online ; image set 15892) images scanned from microfilm: (early english books, 1475-1640 ; 1331:13) healthes: sicknesse. or a compendious and briefe discourse; prouing, the drinking and pledging of healthes, to be sinfull, and vtterly vnlawfull vnto christians by arguments, scriptures, fathers, moderne diuines, christian authors, historians, councels; imperiall lawes and constitutions; and by the voyce and verdict of prophane and heathen writers: wherein all those ordinary obiections, excuses, or pretences which are made to iustifie, extenuate, or excuse the drinking or pledging of healthes, are likewise cleared and answered. by william prynne gent. hospitii lincolniensis. prynne, william, 1600-1669. [34], 86, [2] p. [by augustine mathewes], printed at london : 1628. printer's name from stc. the first leaf and the last leaf are blank. the preliminaries collate pi² [par.]⁴ ² [par.]² (-[par.]4, [par.]² , + chi² ) etc.; the text of this section is that of stc 20463. variant: with cancellandum dedication collating pi² [par.]⁴ ² [par.]² etc.; the language is stronger. reproduction of the original in cambridge university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng drinking customs -england -controversial literature -early works to 1800. 2002-03 tcp assigned for keying and markup 2002-04 aptara keyed and coded from proquest page images 2002-05 tcp staff (michigan) sampled and proofread 2002-05 kirk davis text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion healthes : sicknesse . or a compendiovs and briefe discourse ; prouing , the drinking and pledging of healthes , to be sinfull , and vtterly vnlawfull vnto christians ; by arguments , scriptures , fathers , moderne diuines , christian authors , historians , councels ; imperiall lawes and constitutions ; and by the voyce and verdict of prophane and heathen writers : wherein all those ordinary obiections , excuses , or pretences which are made to iustifie , extenuate , or excuse the drinking or pledging of healthes , are likewise cleared and answered . by william prynne gent. hospitii lincolniensis . isay 5. 11. 22 , haback . 2. 15. 16. woe vnto them that rise up early in the morning , that they may follow strong drinke : that continue vntill night till wine enflame them . woe vnto them that are mighty to drink wine , and men of strength to mingle strong drink . woe vnto him that giueth his neighbour drinke : that puttest thy bottle to him , and makest him drunken also , that thou maist looke on their nakednesse : the cup of the lords right hand shall be turned towards thee , and shamefull spuing shall be on thy glory . ambrose . eplst. lib. 3. epist. vercellenst ecclesiae . non propter volupt atem bibendum est , sed propter infirmitatem : pro remedio igitur parcius , non pro deliciis redundantius . owen . epigram . pars. 1. lib. 2. epigr. 42. quo tibi potarum plus est in ventre salutum , hoc minus epotis , hisce salutis habes . vna salus sanis , nullam potare salutem non est in potâ vera salute salus . printed at london . 1628. to the most high and mightie prince , charles by the grace of god , king of great brittaine , france and ireland , defendor of the faith , &c. most gracious and dread soueraigne ; in a whose spirituall & corporall health and welfare , the safety , health and happinesse both of our church and state subsist : i the most vnworthiest & meanest of your true & faithfull subiects , presuming on your grace & clemency , haue made bold to consecrate this meane & worthlesse treatise , against healthes , or health-drinking , vnto your sacred maiestie : & to commit my selfe and it , vnto your royall patronage . the reasons which swayed and emboldened me , to dedicate so small a pamphlet , vnto so great a patron as your maiestie , were chiefly these . first , because your highnesse in regard of those infinite & many healths , which are daily carouzed in your royall name , throughout your kingdome , & else where : are more interessed in the theame & subject of this compendious discourse , then any other that i know . secondly , because your majestie of all other persons within your owne dominions , are most dishonoured , praeiudiced and abused by these healths ; & that in these respects . first , in that your sacred health , your name , your crowne & dignity , by meanes of healths , are made the daily table . complement , grace , & first salute of euery iouiall b courtier ; the grandserjeanty & chiefe allegeance of euery great or petty , of euery corporation , court or country officer : the principall welcome and enterteinment , of euery rusticke gentleman : the piety , & meal deuotion , of many a trencher-chaplin : the logicke , theame & rhetoricke , of euery potlearned scholler : the phrase & c valour , of euery deboist and roaring souldiour : the liuerie , & table-buttrie-sellar-talke of euery good-fellow serving-man : the ceremonie , by-word , & ale . discourse , of euery base mechanicke , of euery rusticke clowne and peasant : the first ingredient , of euery drunkards cup : the first pot-seruice at euery great or meane mans table : the song , the antheme , foot or musicke of euery festiuall & merry meeting : the prologue or praeludium to euery drunken match and skirmage : the ornament , grace or garland , of euery ebrious round : the onely ramme or pol-axe to assault , to force , & batter downe ; the most flexanimous eloquence , to sollicite ; and the most energeticall and vncontrolable argument , to ouercome , the sobrietie & temperance of all true-hearted , reall d practicall & blessed christians , ( who make a conscience of excesse , because the scripture doth condemne it : ) the chiefe alectiue , bait or stratagem , to draw men on to drunkennesse ; and the onely patronage and protection , to iustifie , countenance , and beare out , the intemperance & riot of all such , who deeme excesse & drunkennesse a e vertue , & no sinne at all ; ( at least but ventall ) if your majesties healths occasion it . and is not this a great affront , indignity & dishonor to your majesty , that your sacred health , your name , and royall crowne , should bee thus prophaned , & banded vp & downe in euery drunkards mouth ? in euery cup & can ? in euery tauerne , tap-house , hall , or seller ? ( vnhallowed , base & sordid places , vnworthy of so holy & great a name and presence : ) that euery degenerous , infamous & stigmaticall belialist : euery deboist & brutish pot-companion , ( whose f very company and acquaintance all christians should abhor : ) that the very of scouring , dreggs , & scum of men , should so farre debase & vnderualue them : as to prostitute them to their swinish sinnes & lusts ; as to command & vse them at their pleasures , to enforce & toll on others to drunkennes & excesse : & so to make the great defendor of the faith , the ground , the patron , & grand protector of all intemperance ; as if drunkennesse were the sole and onely faith that kings defend ? it was no little griefe , nor trouble to great and good king dauid , that g hee was the drunkards song : and shall it not then bee your majesties greatest griefe , and chiefe dishonour ; that your royall crowne and sacred health , should not onely be made the song , the phrase , the complement , the ceremony , by-word , and pot-discourse ; but euen the glosse , the text , the religion , the engine , the patronage , the plea and iustification , the stallion , and vizard of euery drunken tos-pot , of euery sordid h hostile , and pernitious parasite : as if you were no better then the diuell bacchus , the idol-god of wine , of healths , and drunkennesse ? doubtlesse though it were the honour of heathen kings , and diuell-gods in former ages , to haue their healths carouzed and quaffed off at euery solemne and festiuall meeting ; yet it is the greatest contumclie , indignity and dishonour to any good or christian king , who should bee a very i god on earth , ( not onely in respect of soueraignty and command : but likewise in the k transcendency of grace , of holinesse , and the l exemplarinesle of his practicall , pious , regulating and reforming life : ) to haue his name , his health , his crowne and dignity thus vilified and abused : by sordid , beastly , wicked and vngodly men , to such sinester , sinfull , gracelesse , heathenish and infernall ends as these ; to patronize their grosse intemperance , and so to drowne their owne and others soules , in drunkennesse , riot , and excesse of wine . secondly , as healthes doe thus dishonour , so likewise they doe praeiudice and wrong your sacred maiestie in two respects . first , in merging , quenching and drowning the multitude , heat and feruency of those publike and priuate prayers , which euery loyall subiect owes vnto your grace . it is ( m ) gods owne iniunction , and it was the christians practise euen vnder pagan n emperours , in former ages , ) that subiects should make prayers , and supplications , and intercessions for kings , and all that are in authority : not drinke , carouze , or reuell for them : but by reason of the divells malice , and mens prodigious wickednesse : these holy and feruent prayers are turned into prophane , hellish , excessiue , and vnchristian healthes : ( the o onely meanes to draw downe curses and diseases , yea woes and fatall indgements on a king and kingdome : ) hence it is now accounted a part of puritanisme , to make a conscience of praying constantly and priuatly ; but a part of protestanisme , piety , and true deuotion , to make no conscience of drinking openly and howerly , euen beyond excesse it selfe , for your maiesties health and welfare : hence is it , that most men prefer their healths before their prayers ; and therefore would rather drinke your maiesties health p a whole night or day , or week , or month : nay an whole yeare together , then pray in priuacy and feruency one hower for it : hence is it that many men place their religion allegeance and deuotion in these healths ; thinking themselues most pious , loyall , and q religious to their soueraigne , when they are most prophane , and impious , most riotous and luxurious ; in drinking downe his health : whence they deeme it a greater breach of allegeance , piety , and deuotion , not to pledge your maiesties health , then not to pray for it . so far haue healths incroached , and of late vsurped vpon your blessed and best inheritance of your subiects prayers : that they haue euen quite extinguished the heat and feruency , & much abated the multitude and frequency of them throughout your kingdome , to your incomparable & peerlesse losse . secondly , they praeiudice your maiesty exceedingly in interessing and engaging you , in the excesse and drunkennes of many others ; your name being made a party to it , and your health an occasion , apologie , praetence or iustification of it . alas , how many thousand persons , both are , & haue been drawn on ( especially at festiuall and solemne times of ioy and thankfulnes ) to drunkennes & excesse : drinking their wit out of their heads , their health out of their bodies , & god out of their soules ; whiles they haue beene too busie & officious in carouzing healthes vnto your sacred maiesty ? manifold are the mischiefs , sins and inconueniences , which your maiesties healths occasion in euery corner of this iland , ( which flotes in seas of sin and drunkennes , ) & more are they like to grow , if you preuent them not in time : now this is certaine , ( if i may be so bold as to r speake the truth vnto your grace , in this our flattering age ; ) if that your maiestie s giue any tacite , allowance , consent or approbation to these luxurious and excessiue healths , not laboring with care and conscience to suppresse them ; you are then vndoubtedly made a party both to the guilt and punishment of all the sinne , the drunkennesse , and intemperance , that is occasioned or produced by them , in any of your subiects or allies , ( especially within the verge and compasse of your court and pallace : ) which the t king of kings , and lord of lords will certainly require , at your hands , when as v all mankind shall be arraigned before the barre of his tribunal , there to receiue an euerlasting doome and finall censure , according to their works , without respect of persons . since therefore these healths doe not onely dishonour , but likewise damnifie and praeiudice your sacred name , your health , your crowne and person , in all these respects : ( which should cause your maiesty , as you tender the honor of your name , and the eternall welfare of your souls , with care and speede for euer to w suppresse them : ) i thought my selfe in some sort ingaged by duty and allegeance , to appropriate this treatise to your grace aboue all other patrons euen in this respect , to preuent all further mischiefs that healths might bring vpon your sacred person , crowne or state. thirdly , i dedicated this pamphlet to your majesty aboue all other persons ; because as none are so much interessed in this theam and subject , so none are so able in respect of place and power ; none more obliged in regard of duty , ( you being , the supremest magistrate , and z state-physition vnder god himselfe , ) to purge these hydropicall , noxious , and superfluous humours , and vnhealthy healthes , out of the body of our state and kingdome , which are now so much distempered , molested and ouercharged by them , as your sacred maiesty : whose a duty , honor , & * solemn oath it is : not onely to protect your subiects , from all externall violence , wrongs , and dangers ; to preserue their liues , their states , their peace , and liberties ; and to seeke their temporall welfare , good , and happinesse , to the very vtmost of your power : but likewise b to rule them in the feare of god , by vnsheathing , and drawing out the sword of soveraigne iustice against all sinne and wickednesse : by executing wrath and vengeance vpon all them that doe evill without respect of persons , as the minister and avenger of god , designed for this purpose . and c by cutting off all the wicked of the land : d ( especially all gracelesse , swinish , and vnthrifty drunkards , the very drones and caterpillars of a common-wealth ; and the most vnusefull , vnnecessarie , and e superfluous creatures of all others ) that so you may cut off all wicked doers from the citty of the lord , and from your court and kingdome . on which they will pull downe wrath & indgements , vnlesse the arme & sword of iustice lop them off . fourthly , i did it to interest and ingage your maiestie , ( if it may stand with your princely will and pleasure , ) in the defence and patronage of this distressed treatise : which by reason of the prauitie , coldnesse , luxurie , and miserie of the times , can find no license for the presse , though it hath sought it fa● & neare : and therefore doth here humbly craue your maiesties most royall protection , and allowance : that so it may passe for currant coyno : & divulge & spread it selfe in despite of bacchus , and his ebrious crew , to the affronting and suppressing of healths and drunkennesse , ( the epidemical diseases of our nation , and the f world it selfe : ) else it is like to proue abortiue , for want of mid-wife authority to bring it forth : as many other workes and writings haue done of late , if the complaint of stationers or printers may be credited . these are the reasons , ( gracious soveraigne ) that animated and induced mee , to commend this worthlesse and forlorne babe of mine , vnto your royall patronage : not doubting but your grace , vpon these praeuious considerations , seconded by the noualty and rarenesse of the subiect , which few haue largely handled : will most graciously owne it , and proue a safe and sure sanctuary , both to me , and it , against the malice , spleene , and power , of all who shall oppose it . so shall this petty worke of mine , ( which here i once more humbly offer vnto your sacred maiesty , ) proue vsefull & profitable vnto men , whose good : but fatall and pernicious vnto healths and drunkennesse ; whose finall ruine and subuersion i cordially affect : ( as being the g very bane of fortitude and prowesse , the things which now we need ; and the h ouerthrow of all martiall attempts , and ciuill enterprises : ) and i your humble , loyall , and obedient subiect , shall still continue , ( though not to drinke , carouze , and swill , as others doe ; ) yet heartily to pray , for your maiesties health , and happy raigne : which god continue & prolong among vs , to our temporall , and your owne both temporall , and eternall ioy , and blisse . your maiesties humble and loyall subiect : william prynne . to the christian reader , christian reader , among all the grosse and crying sinnes which haue of late defiled and ouerspread our nation and the world it selfe , there are few more common , few more dangerous , hurtfull , and pernicious , then the vnnaturall , vnthrifty , odious , and swinish sinne of drunkennesse . a sinne , which if we will beleeue the a fathers , ( nay b infidels and pagans whom christians should excell ) is but a flattering deuill ; a sweet poyson ; a voluntarie madnesse ; an inuited enemie ; a deprauer of honestie ; a wronger of modestie ; the mother of all sinne and mischiefe ; the sister of all ryot ; the father of all pride ; the author of murthers , quarrels and debates : the nurse of furie : the mistresse of petulancie : the inflamation of the stomacke : the blindnesse of the eyes , the corruption of the breath , the debility of all the members ; the accelleration of death : and poyson of the soule . a sinne which crackes mens credites , exhausts their purses , consumes their estates , infatuates their sences , besots their vnderstandings , impaires their healthes , distempers their constitutions , subuerts their bodies , eates out their liues , ruines their families , grieues their friends , brings wrath and iudgements on their countries , decayes their parts and morrall vertues , disables them for all imployments , indisposeth them to grace and godlinesse , and all the meanes and workes of grace , and without gods infinite mercy , and their sound repentance , c damnes their soules . strange it is , that this most vnnaturall , vnprofitable , vnpleasant , vnseemely , vnreasonable , brutish , base , and shamefull sinne of all others , which makes men odious and ridiculous vnto themselues , and all that see them : which transformes men into beastes and swine , or carkases of men : which fights against the d lawes of god , of grace , of nature , sense and reason ; which e wars against the peace and safety of mens soules ; which f excludes and shuts out men from heauen , and from g the societie and company of gods saints , and h oft-times drawes downe many heauy , fatall , sad and dreadfull indgements on mens heads , ( sufficient to amaze , to split , and daunt the hardest and the strongest hearts , and to awake the drowsiest , and most stupified , and cauterized conscienses of all such , who are infatuated , and benummed with this hellish dropsie : ) should so farre insinuate it selfe into the affections , practise , and liues of men ( especially in these radiant , blessed , and resplendent dayes of grace , i which teach vs to denie vngodlinesse and worldly lusts , and to liue , soberly , righteously , and godly in this present world , looking for the glorious and blessed appearance and comming of the great god , and our blessed sauiour iesus christ ) as to inthrall and captiuate whole nations to its base and slauish bondage , who professe themselues not onely to be men and reasonable creatures ; but likewise temperate , sober , graue , deuout , religigious , and holy christians . i confesse it seemes a mystery and wonder vnto me , that naturall and reasonable men ( much more that such as beare the name and face of christians ) should so farre degenerate from the very principles of nature , and the rules of common reason , as to be intoxicated , inamored , bewitched , and insnared with such an k inhumane , absurde , and swinish sinne as this , which hath no good , no honour , profit , pleasure , beauty , nor aduantage in it , to winne , allure , or ingage men to it : yea , so sarre to be affected and delighted with it ; as to reioyce and glory in it ; to magnifie , honour , and applaud , all those who are deuoted and inthralled to it ; and l to vilifie , contemne , reproach , and vnderualue such , who hate and loath it in their iudgements , or abandon and renounce it in their practise . certainely , if i did not knowe the truth and probate of it , by ocular and experimentall demonstrations from day to day ; i could hardly bring my vnderstanding to beleeue ; that men , that christians should so farre affect , admire , or odore , so foule , so filthy , so base , so vnamiable , so vnfruitfull , vnprofitable and vnpleasant a sinne ; so vnnaturall and brutish a vice , as this drunkennes in most mens iudgement and experience is . the reasons ( as i conceiue ) why men are now so much infatuated with this so odious , execrable , and vnpleasant sinne , are briefly these . the first , is that very inbred corruption , and prauitie of humane nature : which m being a lawlesse and vnruely euill , that nether is , nor can be subiect to the law of god , till it be mortified and subdued by the power of grace ; doth beare downe all the bounds and rules of nature , reason , religion , temperance , and fobriety , and n carry men headlong vnto drunkennesse , riot , excesse of wine , and all vnreasonable , vnnaturall and beastly finnes and lusts , euen with a full carere . the second , is the o power of the prince of the ayre , the spirit who now worketh in the children of disobedience , intending the lusts , & desires of their flesh & mind ; and carrying them captiue vnto finne . who hath lately gotten such high praedominancie in the soules of vitious and carnall men , and added such impudencie and vnbridelednesse vnto their sinnes and lusts : that they doe not onely p glory in their drunkennesse and grosse intemperance , q proclayming it oft times vnto the world with cornets , drummes , and trumpets ( the common ornaments , melodie , solace , or incrediaries of their licentious , * mad , deboist , bacchanalian , prophane and heathenish healthes , and ebrious pot-battels ) but euen purposely bend and set themselues against the god of heauen : trampling his word , his lawes , and all his precepts vnder foote : violating the very lawes of nature , and rules of reason : breaking all the cords and ligaments of nature , modesty , temperance , and sobriety , as if they had no lord , no god , nor ruler ouer them : felling themselues wholly vnto all excesse , and wallowing like so many base and filthie swine , in the mire and puddle of drunkennesse , and vomite ; as if they were borne for no other purpose , but with that infamous , and drink-deuouring r bonosus for to swill and drinke . the third reason of the encrease and growth of drunkennesse , are those many specious , beautifull , popular , amiable , and bewitching names and titles where with this vgly , odious and filthy sinne , together with the practisers , patrons and abettors of it , are beautified , guilded , and adorned ; and those common termes and mottoes of ignominie , scorne , and reproach , which satan and his ebrious crue , haue cast vpon the graces of temperance and sobrietie , and on the persons of all such temperate , holy , and abstemious christians , who doe in truth pursue them in their liues & practise . as all s other sins and vices : so drunkennes is now shrowded t ( nay countenanced , defended , iustified and applauded , ) vnder the popular and louely titles of hospitality , good-fellowship , courtesie , entertainement , iouiality , mirth , generosity , liberality , open house keeping , the liberall use of gods good creatures , friendship , loue , kindnesse , good neighbour hood , company-keeping , and the like : and drunkards are likewise magnified , and extolled , vnder the amiable , reuerenced , and applauded termes of good-fellowes , wits ; poets ; courteous● sociable u merrie , ●ouiall , and boone-companions : generous , liberall , free-hearted , valiant , and heroick sparkes and spirits : sociable , pleasant , and good-natured gentlemen : open , liberall and free house-keepers ; merry x greekes , and such like stiles and titles : which set such a laudible , specious , beautifull , amiable , and comly glosse and varnish on drunkennesse and drunkards , which are full od●ous , loathsome , and deformed in themselues : that they doe euen y secretly & z dangerously insinuate , incorporate , and instill this beastly and pernicious vice , into the affections liues and practise , of carnall , gracelesse , and vngodly men , whiles they present it to them , as an honest , laudable , and necessarie vertue , without which there can be no loue , no fellowship , no true society , nor hospitality , mirth , nor entertainment in the world : whereas they could not but abhorre it , together with all those whose liues are tainted and defiled with it , did they but suruay or view it in its proper colours . now as drunkennes , excesse , and drunkards , are thus magnified , countenanced , & applauded vnder these popular , goodly , flattering , and insinuating titles ; so temperance and sobriety are deformed , vilified , derided , sentenced , condemned , and scoffed at , vnder the approbrious and disdainfull names , of puritanisme , precisenesse , stoicisme , singularity , vnsociablenesse , clownishnesse , rudenesse , basenesse , melancholly , discourtesie , pride , surlinesse , disdaine , coynesse , and what not ; a and temperate , sober , gracious , abstemious , and religious christians , who make a conscience of excesse vnder the ignominious and reproachfull stiles , of a puritanes , praecisians , stoicks ; vnsociable , clownish , rustick , peruerse , peeuish , humorous , singular , discourteous niggardly , pragmaticall , proud , unmannerly , degenerous , base , scrupulous , melancholly , sad or discontented persons . he that is now b more holy , temperate , gracious , and sober in his life and carriage then the ordinarie sort of men . hee that is reclaimed from his ebrious and drunken company and courses , and will not drinke , rore , carowse , health , play the good-fellow , c or runne into the same excesse of drunkennesse and intemperance that others doe , and as himselfe did heretofore , out of conscience , loue , obedience , and true deuotion towards god : is forthwith hated , taxed , and branded for a puritan , an hypocrite , a praecisian , and i know not what besides : euen by such who deemed him an honest man , a sociable , boone , and good companion heretofore , when as he would swill and drinke , and health , as well as others : ( as if his temperance and sobriety did depraue , disparage , vilifie & disgrace him : ) an infallible argument , that puritans and praecisians ( as the world now takes them ) are the most religious , holy , temperate , sober , and obstemious men of all others ; because they are generally hated , stiled , and reputed puritans and praeisians for this very cause ; that they are quite reclaimed and estranged from drunkennesse , healthing , good-fellowship , and excesse of wine : & become more temperate , sober , holy , and religious in their liues then other men , whose ebrious , riotous and luxurious courses they vtterly abandon and dislike , d yea censure and condemne , by their practicall and holy liues . this magnifying , then of drunkennesse and drunkards vnder these popular , glorious , louely , and applauded titles , which sound full sweete and pleasant in the eares of most : and this depressing and vilifying of temperance , sobriety , and abstemious christians , vnder such ignominious , scornefull , odious , base , and vndervaluing termes , ( which make an harsh , an vncouth , preiudicate , and vnpleasant noyse , among the carnall , vulgar , and looser sort of men ; ) is one of the maine and chiefest causes why drunkennes doth now so much diffuse and spread it selfe . the fourth cause of the increase and growth of drunkennesse , is the negligence and coldenesse of iustices , magistrates , and inferiour officers , in the due and faithfull execution of those laudable and pious lawes and e statutes , enacted by our king , and state against this odious , swinish , vnthrifty , and state-desturbing sinne : which if they were as duly executed , as they are generally neglected , ( and so f abrogated , frustrated , and euacuated for want of execution ) this noxious dropsie and disease of drunkennesse would soone be cured , and dryed vp . if iustices and magistrates , were as diligent to suppresse and pull downe drunkennesse and ale-houses , as they are industrious and forwards to patronize and set them vp , g to the great disturbance , hurt and preiudice of our christian common-wealth ; the wings of drunkennesse would soone bee clipt , whereas now they h spread and grow from day to day , because the sword of execution clipse them not . the fift cause , why this gangrene or leprosie of drunkennesse doth so dilate , inlarge , and propalate it selfe , is either the ill example of some great men , gentlemen , clergie men , and others , who insteed of being patternes of temperance and sobriety vnto inferiour and meaner persons , are oft times made their presidents & plot-formes of drunkennes and excesse ; i transcending them in ebrious , riotous , deboist , intemperate , and licentious courses , as farre as they exceede them in their place and dignity . when gentlemen , k great men , magistrates and ministers , who should bee guides and curbes to others , shall take delight and pleasure in drunkennesse and excesse : either approuing them by their owne personall practise ; or else by tollerating , and allowing them in their owne irregular and misgouerned families , ( which are oft times made the very theaters of bacchus , and the very seminaries , sinkes , and puddles of drunkennesse , vomit , ryot , and intemperance ; vnder pretence of hospitality and free house-keeping : ) l no meruaile if inferiours ( who commonly adore superiours chiefe and greatest m vices , as so many glorious and resplendant vertues : ) doe euen plunge themselues , into the very dregges and boggs of surfetting , drunkennesse , and grosse intemperance , with greedinesse and delight , being animated , and fleshed by those great examples , as n all men , so magistrates , ministers , gentlemen , and great men , especially , doe seldome erre alone ; if these would but reforme themselues , and rectifie their vnruly and disordered families , ( which is o as difficult a taske to many , as to rule a prouince . ) this sinne of drunkennesse would soone growe drie and out of vse ; where as now their ill examples feede and nourish it . the last , though not the least occasion , why drunkennesse doth so much encrease and superabound among vs ; are those common ceremonies , wiles , and stratagems , which the deuill and his drunken rowt haue plotted and inuented , of purpose to allure , force , and draw men on to drunkennesse , ryot , and excesse of wine . not to diue into the depthes and misteries of the black , the heat henish , execrable , and infernall p art of drinking , in which i q was nouer learned nor experienced : nor yet to mention r the drinking by the die , by the dozen , by the yard , or such like hellish and vnchristian pollicies and aloctiues , which drunkards vse , to force , to draw , or lead men on to drunkennes and excesse ; in which euery alewife and mault sucker are farre more learned and skilfull then my selfe : i dare auouch it for an approued truth : that there is no such common bayte or stratagem , to winne , to force , intice , and lead men on to drunkennes and intemperance , as this idle , foolish , heathenish , prophane , and hellish ceremonie , of beginning , seconding , and pledging healthes ; which is nothing else in truth and verity but a bawde and pander vnto drunkennes , and a praeludium , in-let , way , and passage vnto all excesse . if health drinking ( which is the very mother and nurse of drunkennes ) were but once suppressed and banished the world , as an abominable , heathenish , vnchristian , and vnlawfull rite , s which had its birth and pedigree from hell it selfe : the sinne of temulencie and drunkennesse would quickly vanish and growe out of vse : and this hath caused me to propalate this short and rude discourse against these healthes , vnto the publique view , that so i might at least asswage , if not expell the dangerous dropsie and disease of drunkennesse , t which makes our land , if not the world it selfe , to mourne and languish ; in drying vp these noxious humours and vnhealthy healthes , which feed and nourish it . a treatise ( i suppose ) which though it may seeme harsh and vncouth at the first , to many habituated , infatuated , incorrigible , or cauterized drunkards , resolued for to liue and die in this their sinne , though they fri● in hell for euer after ; or to praeiudicate , u forest alled , and prepossessed affections , ( who would rather maliciously fore iudge , and rashly censure this discourse and me before they reade it , then take the paines for to peruse it ; because they presume , that none but factious , nouellizing , precise , or ouer-zealous puritans condemne these healthes , and that not out of iudgement , but of pe●uish frowardnes . ) yet questionlesse it will be acceptable and pleasing vnto many : not only for the x no●alty & strangenesse of it , which addes delight and acceptation to it : as treating of a theame or subiect , wherein few haue lately , purposely , or largely trauelled , especially in our english tongue : but likewise in regard of the benefit and vsefulnesse of it : as being very seasonable , sutable , and needfull for these intemperate , dissolute , and bacchanalian times of ours : where in healthes and drunkennesse doe so much abound ( especially in those festiuall and blessed times of ioy and thankfulnesse , wherein our temperance , sobriety and holinesse should most excell : ) that wee may iustly feare , they will drowne vs in some great and generall deluge of gods iudgements ere it be long , and cause the lord to curse and crosse vs in all our enterprises and designes ( as he hath done for sundry yeares , though y we consider and lay it not to heart , in that penitent and soule-affecting manner as wee ought ) vnlesse we speedily repent vs of them : for alas , how can we possibly expect or hope , that god should auocate or withdraw his iudgements from vs : that he should blesse and prosper vs in any kind ; that he should pleade our cause , or fight our battels for vs : that he should guide , direct , or blesse our king , our queene , our counsellours , our nobles , or our rulers , z ( whom god doth oft times curse and alter for the peoples sinnes : ) that he should speed our generalls , our captaines , our nauies , or our armies , a which the troopes and armies of our sinnes , and not the force and prowesse of our enemies , haue vanquished and put to flight : ) when as our healthes are farre more dense and frequent , then our prayers for them ? when as wee ouerwhelme and drowne our soules and spirits , and quite b ener●ate , weaken , and dissolue our bodies ( which are , or should be c temples for the holy ghost to dwell in ) with drunkennesse , ryot , and excesse of wine ; and cause the lord of hoasts himselfe to be our enemy , d ( whose force and power no creatures can resist ) by our intemperate , ebrious , and luxurious sinnes ? when as we put away farre from vs the euill day , and cause the seate of violence to come neere : stretching our selues vpon our couches and beds of iuorie : eating the lambes out of the stockes , and the calues out of the stall : chaunting to the sound of the viole , and inuenting to our selues instruments of musicke ( in these dangerous , e sad , and dolefull times , when as teares should bee our mirth and chiefest solace , ) which doe so farre infatuate and stupifie our hearts and iudgements ; that wee regard not the workes nor iudgements of the lord , neither consider the operation of his hands ; ( which we may iustly feare are working of our ruine : ) drinking wine in bowles ; rising vp early in the morning , that wee may follow strong drinke , and continuing at it vntill night , till wine enflame vs ; as if we were free frō feare of euill , or as if there were no god in heauen for to punish vs : and yet not grieuing for the afflictions of ioseph , nor for our manifold and great rebellions against our good and gracious god : whose f patient goodnesse , and long-continued mercies , doe now call ; and dreadfull iudgements , force & summon vs to repentance ? certainly , though i dare not antedate the sorrowes of our syon , or raise a feare or iealousie without a ground ; yet when i doe but seriously and cordially suruay , that intollerable g pride ; that aboundance of idlenesse ; that fulnesse of bread ; that lusting after strange flesh ( the sinnes that drew downe fire and brimstone vpon sodome long agoe ; ) those monstrous habites , fashions and attires : that excessiue vanity , atheisme and prophanenesse : that execrable and h frequent banning , swearing , cursing and blaspheming : that greedie couetousnesse , extortion and oppression ; that fearefull murther and bloudshed ; that scurrility , effaeminacie , wantonnesse , fornication , whoredome , adulterie and vncleanenesse : that generall neglect , contempt and hatred of god , of grace , of goodnesse , and the gospell : that i stupified and sencelesse security , and hardnesse of heart , in the middest of feares and dangers : that degenerating and growing worse and worse , not withstanding all gods iudgements , k which still encrease vpon vs , because our sinnes encrease : that dissolutenesse , that drunkennesse , deboistnesse , and excesse of healthes ; together with those other troopes of sundry sinnes , which walke so bold and thick among vs , in despite of all those meanes which god hath vsed to reclaime vs from them : i cannot but conclude as others doe : that these abominations and sinnes of ours ( especially in these times of feare and danger , l which cry and call for true repentance ) prognosticate no victory , no good , no blessing , nor successe : but vndoubted ruine and destruction to vs , vnlesse we speedily repent vs of them . wherefore ( christian readers ) if you haue any compassion of your owne poore soules ( which healthes and m drunkennesse will damne to hell without recouerie , if you proceede on in them : ) if you haue any loue to god and christ ; or any filiall feare of god , or of his wrath and iudgements left within you : if you haue any humanity or bowells of compassions in you , towards the publicke good and safety of this your deare & mother church , and country ; which haue so long supported you in peace and plenty , euen beyond your hopes : if you haue any commiseration of the poore distressed saints & church of god in forraigne parts , who are almost swallowed vp of bloudie persecutors , whiles wee are wallowing in carnall pleasures , and delights of sin ; in luxutie , ryot , drunkennes , and all excesse , without any cordiall pitty or simpathizing compassion of , or any sound humiliation for , their low estates : if you expect or long for any prosperity , peace , or plenty : any abatement , diuertion or extinguishment of gods iudgements at home ; or any successe or victory abroad : let mee now entreat , and thorowly perswade you all n by the very mercies of god and christ ( the most flexanimous , perswasiue , and preuailing motiue of all others : ) by the loue you beare vnto the church of god in generall ; to this your mother church and country ; and to your owne saluation : by that most sacred oath and solemne rouenant which you haue made to god in baptisme , and oft renued in the bloud of christ , in the sight of many witnesses ; and by that strict , that terrible , and ineuitable account , which you must shortly o make before the barre of christs tribunall , in the open view of all the world : that you would p now , euen now i say , whiles the acceptable dayes and times of grace and mercy last ; whiles the bowels and armes of christ lye open to receiue you , if you will come in : and q the arme and sword of god are brandished and stretched out against you , to your iust confusion , if you still stand out : abandon , abiure , renounce , and quite cast off for euer , those cursed and pernicious sinnes , in which you are all inuolued , without any more pretences or delayes . aboue all , resist , oppose , shake off , and quite roote out , the vnnaturall , vnreasonable , vnpleasant , r vnthrifty , prodigall , wastfull , beastly , and shamefull sin of drunkennes , s ( the metropolis of many mischiefes ) which doth t not onely slay , but quite interre the soules of liuing men , and indispose them vnto all imployments ; and so make them a burthen , a trouble , and incumbrance both to church and state : together with all heathenish , hellish , idolatrous , prophane , luxurious , and excessiue healthes , which are but panders , bawdes , attendants , and vshers to intemperance : for feare you bring your selues , your soules , your bodies , yea and your dearest deare , your country vnto ruine ; let great men , gentlemen , iustices , magistrates , and those of better and superiour ranke , as they tender gods glory or their countries good , exile them from their houses , and banish them for euer from their tables ; halls and butteries : as at all times and seasons , so especially in the festiuall time of christs natiuitie : wherein v christians oft times act the parts of pagans , and turne incarnate deuils for the present , laying aside all reason , temperance , grace , and goodnesse , as vnseasonable and vnseemely ornaments for so good a season ; giuing themselues wholly ouer to gluttony , ryot , luxurie , drunkennes , epicurisme , health-drinking , idlenesse , chambering , wantonnesse , vnlawfull pleasures , games , and carnall mer , riments , and all excesse of sinne and wickednesse , which may praecipitate and post them on to hell ; as if they were celebrating the ancient bacchanalia , or the deuils birth-day , and not the birth of christ : who came to redeeme and free vs from these infernall , heathenish , prodigious , gracelesse , prophane , and godlesse practises , which turkes and pagans would abhorre : and not to set hell loose ; or to giue men liberty and exemption to sinne without controle or mealure , vnder pretence of giuing honour to his birth-day : certainly christ wil not be fed nor honoured with the deuils broth ; with the deuils sacrifices and drinke-offerings : with such odious , shamefull , vile , and loathsome things , as drunkennesse , vomite , healthes , and ryot are : let christians therefore quite renounce them , and leaue them vnto bacchus , and his heathenish , pagan , and infernall crue : let magistrates suppresse & curbe them , by executing all those lawes that are in force against them , euen with care and conscience : let ministers who are x enioyned by sundry councels not so much as to enter into any ●nne or victualing house ( much less into a sauerne , alehouse , or tobacco-shop , where too too many of them place their chiefest residencie ) vnlesse it were in case of necessity when they trauell ; ) y lift vp their voyce and cry aloud against them ; not only by their doctrine but by their practise too : z let all who beare a louing heart to god , to christ , to church , to country , or themselues , come forth to helpe the lord , and this our zion , against these mightie , generall , praeualent , and pernicious enemies , which threaten a catastrophe and deluge of gods iudgements to vs : for feare they in●ur that bitier curse of meroz , which no heart can beare . i for my owne part can but blow the trumpet , and giue the on-set ; it is others that must giue the foyle , and ouerthrow to these hostile powers : if these my weake and meane endeuours shall so farre preuaile with any , as to cause them to take vp armes against these sinnes , that so they may suppresse or bridle them ; or to diuert , reclaime , and winne such from them , who haue beene formerly enamored with them , or held captiue by them ; i shall thinke my labour highly recompenced , and happily rewarded : but if they proue vnfruitfull or ineffectuall vnto all , or bring mee nothing but reproach and scorne , among the looser and deboister sort ; whose blacke and filthy mouthes , or burthened and distempered stomackes , may chance to vomite vp some crapulous , noysome , and superfluous crudities of a scandalls scornes , hatred , & reproach against me , because i offer violence to their best beloued dalilaes and bosome lusts , b whose iust reproofe they cannot brooke : yet this shal be my ioy and comfort : that as drunkards scornful , rash , & vndeserued censures ( which c i deeme but folly for to feare ) d are crownes and honors , not blemishes and debasements ; especially to such as seek mens spirituall good and welfare , e not their praise : so god himselfe , how euer men requite me , will yet reward and f recompence me for this my poore endeauour ( being all that i could do or promise ) though he denie successe vnto it : which is not mine , but his to giue . thus leauing this poore treatise to thy charitable and pious censure ( christian reader ; from whom i shall request this fauour onely ; to read and know before thou iudge : ) i commend both it and thee to gods owne blessing . farewell . the vnfained well-wisher of thy spirituall and corporall , though the oppugner of thy pocular and pot-emptying health . william prynne . healthes ; sicknesse . of all the wiles , the proiects , plots and policies , which that subrile serpent satan hath brought foorth and practised in these last and sinne producing times , a ( which swarme with old and new-found euills ) of purpose to entrap the soules of men in the labyrinthes and snares of sinne : there are few more dangerous , hurtfull , and generally pernicious , then this one of drinking , and of pledging healthes : which now of latter times , hath purchased such generall and common approbation , in citie , court , and countrey , that it is become a vsuall , ordinary , and dayly guesse at most mens ( but especially at great mens ) tables : and a familiar , custommary and assiduous complement , at euery banquet , feast , nay common meeting , though it bee but in a tap-house , or tauerne : yea , it hath now through vse and custome , procured such credit and reputation in the world , that it hath found and gained , not onely great and potent patrons to support and shield it ; but likewise noble and heroicke c champions , to vindicate its rite and title in the feild ; and procters , nay chaplaines to abbet and plead its cause ; if not in open court and pulpet , yet at least in priuate practise and discourse , at their owne , their lords , their patrons , and their maisters tables ; and that with such d zeale and earnestnesse of spirit , as if it were a maine , a chiefe and principall article of their faith. that healthes are lawfull , good , and commendable : whence they accuse and brand all such for puritans , and precisians ( as being vnworthy of the name of christians or protestants , ) who out of conscience refuse to beare them company in carrouzing healthes . what patrons , what champions , what credit and applause this d heathenish ceremony ) , and hellish inuention , hath generally procured : what sinfull , bitter , dolefull , sad , and dangerous fruites of drunkennesse , riot , duells , quarrells , combates , murthers , murmurings , heart-burnings , grudges , debates , oathes , prophane , idle , scurrilous and cursed speaches , distemperatures , diseases , e losse of time , of parts , and credit , superfluous and vaine expence , and things of such like nature , it hath produced and brought foorth in euery citie , village , towne , and place within our owne , and other kingdomes , is not vnknowne vnto any , who haue had the least experience in the world. wherefore , it will bee neither vntimely , nor vnnecessary , to encounter and withstand the streme of this pernicious and common euill , with these ensuing arguments , which euidence and prooue ; that the drinking and pledging of healthes , are sinfull and vtterly vnlawfull vnto christians . my first argument against these healthes , is briefely this . that which in its very best acception , is but a vaine , a carnall , worldly , heathenish , prophane , superfluous , vnseem●ly , foolish , and vnnecessary ceremony , ordinance , custome , tradition , right , or rudiment : inuented and prosecuted by riotous , intemperate , licentious , and drunken persons , of purpose to draw men on to drunkennesse and excesse : must needes bee sinfull and vtterly vnlawfull : as is euident by ephes. 2. 2 , ● . chap. 4 17 , 18 col. 2. 20 , 21 , 22. 1. pet. 1. 14 , 15 , 18. chap 4 3 , 4. rom. 12. 2. compared with matth. 6. 7 , 8. prou. 23 , 31. isay 5. 22. hab. 2. 15 , 16. ephes. 5. 18. which doe expresly and fully warrant it . but this drinking and pledging of healthes is but a vaine , a carnall , worldly , heathenish , prophane , superfluous , vnseemely , f foolish , and vnnecessary cerimonie , ordinance , custome , tradition , rite , or rudiment , inuented and prosecuted , by riotous , intemperate , licentious , and drunken persons , of purpose to draw men on to drunkennesse and excesse ; this euery mans conscience and experience , this histories and authers testifie , as i shall prooue anon : therefore they must needes bee sinfull and vtterly vnlawfull . secondly . that which is a vsuall , ordinary and common cause , occasion and enticement to g draw men on to drunkennesse and excesse , must of necessitie be sinfull and vnlawfull : witnesse hab. 2. 15 , 61. prou. 23. 21. iob 31. 1. matth. 6. 13. 1. thes. 5. 22. iude 23. and the common maxime h quicquid efficit tale , est magis tale . but this drinking of healthes ( as experience , and i authors testifie ) is a vsuall , ordinary and common cause , occasion , and intic●ment to draw men on to drunkennesse and excesse : yea it is a kinde of shooe-horne to draw on drinke in great abundance : therefore it must of necessitie be sinfull and vnlawfull . thirdly . that which doeth peruert and crosse , the true end , and right and proper vse of drinking , must needes bee sinfull and vnlawfull : because it is an abuse of gods good creatures . but this drinking and pledging of healthes , doeth peruert and crosse the true end , and right and proper vse of drinking : for it makes our drinking , whose proper , right , and vtmost end and vse , should bee the k praise and glory of god , and the l refection , nou-rishment , and comfort of our owne bodies , for our furtherance in gods seruice ; to serue to no other ende nor purpose , but to commemorate and drinke the health of such and such particular persons ( perchance of some whore or mistresse , some pot-companion , some deuill-saint or other , or such to whom wee haue no engagements : ) or to draw men on to drunkennesse & excesse , in drinking more then else they would or should doe : it aymes not at all at gods glory , nor at the health , the nourishment , comfort , or refection of those persons who doe either beginne or pledge it : therefore it must needes be sinfull and vnlawfull . fourthly . that which is against the rules of charitie and iustice , must needes bee sinfull and vtterly vnlawfull : because it is a violation of the law of god , of man , and nature . but this drinking ( especially the forcing ) of healthes , is against the rules of charitie : because it tends for the most part both to the temporall and eternall , the corporall and spirituall hurt and preiudice of those who pledge it , their bodies being sometimes , but their soules for the most part , distempered , diseased and indangered by it : and it likewise violates the m rules of iustice in pressing or alluring others to an vnlawfull act ; to drinke either against their natures , or their consciences : to drinke more then else they would or should doe ; and in measuring other mens bellies by their owne , which should be measured by themselues alone : therefore it must needes be sinfull and vtterly vnlawfull . fiftly . that which is scandalous , infamous , and of ill report among the best and holiest saints of god , and the better and ciuiler sort of morrall , naturall and carnall men , must needes be sinfull and vnlawfull : witnesse rom. 12. 17. chap. 14. 3. 13. 15. 20 , 21. 1. cor. 8. 1. to 13. chap. 10. 31 , 32 , 33. 2. cor. 8. 21. phil. 4. 8. which are expresse and punctuall in it . but this drinking of healthes is scandalous , offensiue , n infamous and of ill report among the best and holiest saints of god , and the better and ciuiler sort of morrall , naturall , and carnall men , who o all condemne and vtterly dislike it in their hearts and consciences : and openly protest against it , as an inuention , practise , badge and character of intemperate , luxurious , and licentious persons ; as an allurement , way and inlet to drunkenuesse and excesse ; and as an p heathenish , dissolute , ridiculous , prophane and sinfull custome : witnesse our owne experience , and those fathers , christian and heathen authors which i shall cite hereafter . therefore they must needes be sinfull and vnlawfull . sixtly . that which doeth oft times cause men to iudge , despise , condemne , abuse , reproach , or hate their brethren without a cause , must of necessitie bee euill , sinfull and vnlawfull : as godhimselfe hath expressely informed vs in this case of eating and drinking : rom. 14. 3 , 4. 13. to 22. col. 2. 16. 20. 21 , 22. but this drinking of healthes , doeth oft times cause men , to iudge , despise , condemne , abuse , reproach , or hate their brethren without a cause : for if any man out of conscience refuse to pledge an health , ( especially if it be the q kings , or queens , or any great mans health ) he is presently branded , sentenced , and taxed for a puritan : for a humerous , obstinate , factious , vnmanerly , singular , vnsociable , and censorious person : hee that begins , and others who pledge and second the health , doe murmure and repine against him , they hate him , scorne , and contemne him in their hearts : they except against him , and quarrell with him for it : and oft times they breake out into open violence against him , and reproach , reuile , deride and slander him to his face : this daily experience , together with the r scriptures , and s fathers testifie : therefore this drinking of healthes must needes bee sinfull and vnlawfull . seuenthly . that which takes away christian liberty and freedome , and puts a kinde of law and necessitie vpon men in the vse of gods good creatures , must needes bee sinfull and vnlawfull : witnesse rom. 14 1. to 22. 1. cor. 8. 7. to the end , hab. 2. 1● , 16. esther 1. 8. 1. pet. 4. 3 , 4. 1. tim. 4. 3. colos. 2. 16. 20 , 21 , 22. basil. de ebrietate sermo . ambrose . de elia & leiunio . 〈…〉 . 12. 17. august . de temp. serm● . 231. 232. & de rectitud . cathol . conuersationis . lessius de iusticia & iure . & ioannes fredericus , de ritu bibendi ad san. lib. 1. cap. 10. 11. 12. who all concure and iumpe in this . but our ordinary drinking of healthes , doeth take away christian libertie and freedome , and puts a t kinde of law and necessitie vpon men , in the vse of gods good creatures : for it confines and restraines both the matter , the measure , the time , the end , and manner of mens drinking , to the will and pleasure of such as begin the health : and puts a kinde of law and necessitie vpon all the company that are present , both in the matter , manner , measure , time and end of drinking . for they must drinke for matter , the same wine , beare or liquor : for maner , in the same posture , gesture , for me and ceremonie : for measure , the same quantitie and proportion : for time , as soone as euer it comes to their course , be they thirstie or not thirstie , willing or vnwilling , able or vnable : and for end , to whom , or for whom , or to what end soeuer the parties will that begin the health , & not for those ends which god hath ordained , and for which nature doth require drinke . so that it takes away christian libertie and freedome , both in the matter , manner , measure , time , and end of drinking ; as experience , and the fore-quoted authers in the maior testifie : therefore this drinking of healthes must needes bee sinfull and vnlawfull . eightly . that which neither wicked , nor godly men can safely vse without offence , must needes be euill , sinfull and vnlawfull : because it cannot be vsed lawfully : but neither wicked , nor godly men can safely vse this drinking of healthes without offence : for wicked men cannot vse it , but they will either abuse it to drunkennesse and excesse , or to some other vnlawfull end : and godly men cannot practise it : for it beseemes nor becomes not their profession , who should bee u holy , exemplary , and temperate , in all their conuersation , to begin or pledge an health : it would bring a scandall and an ill report vpon them , not onely among the godly , but among the wicked too ; who would bee alwayes casting this into their dish ( yea and into the teeth of x all professors ) vpon euery occasion ; that for all their counterfeit shewes of pietie and holinesse , they can health and drinke as well as others , when occasion serues : and therefore they should forbeare to taxe , reprooue or censure others for their drunkennesse and excesse , till they had first reformed themselues : it would likewise giue offence and scandall to other godly christians who disapprooue of healthes , and make them either openly to condemne them , or at least to thinke of them far worse then else they would : and besides all this , their very example would y confirme , and incourage other wicked men in the abuse and vse of healthes , who are apt to plead that healthes are lawfull , good , and commendable , because , such good men vse them : so that neither good nor bad men , can safely vse them without offence . therefore this drinking of healthes must needes bee euill , sinfull and vnlawfull . ninthly . that which is an ordinary vsuall and common cause of many z duells , quarrells , murthers , debates , heart-burnings , hatreds , and discontents , of many a idle , vaine , lasciuious and scurril●us speeches , songs and tests : of many b prophane and biasphemous oathes and cursings : and of much c mispence , and losse of time : must needes be euill , and vnlawfull . but this drinking and carouzing of healthes , as d guagninus and e others testifie , and as our owne experience can witnesse : is the ordinary , vsuall , and common cause of many duells , quarrells , murthers , debates , heart-burnings , hatreds and discontents : for how many quarrells , murthers , brawles , debates , duells , stabbes , wounds , and discontents doe wee heare of euery yeere , nay sometimes euery weeke , about the beginning , pledging , or refusing healthes , ( f ) of which we cannot but take notice ? and besides they are an occasion of many idle , vaine lasciutous speeches , songs and iests : of many prophane and blasphemous oathes , and of much mispence and losse of time : as basil , ambrose , augustine , plinie , ioannes fridericus and others witnesse , in the forequoted places . therefore this drinking and carrouzing of healthes must needes be euill , and vnlawfull . tenthly . that which was neuer practised among godly christians in former ages : that which serues to g no good , nor commendable , nor necessary vse at all : that which doth h much hurt and mischiefe , but i brings in no glory at all to god , nor good to men ; must needes be euill , sinfull , and vnlawfull : especially when as it is not enioyned , nor commanded by any publique authoritie . but this drinking of healthes , was k neuer practised among godly christians in former ages : ( yea , it was so farre from being practised , that it was condemned by them , as i shall prooue anon : ) nay , it was neuer vsed nor practised in our own nation , for ought that we can heare or read of , till of latter times : it serues to no good , no commendable , nor necessary vse at all , that i can thinke of : it is an apparant occasion of much hurt , of much excesse and drunkennesse , but it doth no good at all to any who doe practise it : it brings no glory at all to god , nor good to men in any kind : nay , it doth dishonour god , and praeiudice both the bodies and soules of many men , as experience testifieth ; and it is not inioyned , nor countenanced by any publike authoritie . therefore this drinking of healthes , must needes bee euill , sinfull and vnlawfull . eleuenthly . that which doth ordinarily and vsually tend to the honour , praise , applause , and commemoration of vaine , of euill , wicked , and sinnefull men , whose very l memories and names should rott and perish , and m whose persons should be vilisied and despised as farre as they are wicked , must needes be sinnefull and vnlawfull : because it doth n iustifie and honour those whom god himselfe condemnes and hates . but the drinking of healthes ( if there be any honor at al in them , as in o truth there is not ) doth ordinarily and vsually tend to the honour , praise , applause , and commemoration , of p vaine , of euill , wicked , and sinfull men , especially , among the baser and the looser sort : the obiects and subiects of whose healthes , are commonly some whoore , or mistresse ; some pot-companion or gull-gallant ; some pand●r , or whooremaster ; some deuill-sainct or other , and sometimes the very deuill himselfe , for want of a better friend to drinke vnto ) whose very memories and names should rott and perish , and whose very persons should be vilified , and despised as farre as they are wicked : few there are whose healthes are commonly drunken ( except it be the healthes of great ones , and men of place and dignitie , and those not alwayes the best , nor most religious ) but such as are of the q looser , prophaner , and the more intemperate , dissolute , and d●boister sort : as for all good , and holy men , they r desire not to haue others drinke or pledge their healthes ; ( which is no more in substance , then to make them the occasions , the causes , and patrons of their drunkennesse and excesse , ) and they are commonly so ill beloued in the world , that most of our drunken healthers ( vnlesse it bee those who haue their whole dependancy vpon them ) would rather drinke their s confusion then their healthes . therefore this drinking of healthes , must needes bee sinnefull and vnlawfull . twelfely . that which doth t peruert , and abuse those serious , solemne , reuerend , and religious gestures , wherewith we are to worship god , and honour men , must needes bee euill and vnlawfull : because we are not to vse any serious , solemne , or religious gestures , but in serious , solemne , weighty , and religious things : and because wee must giue an account to god of all our gestures , as u well as of all our wordes and thoughts : so that wee may not abuse not take the one in vaine ( especially of set purpose , as wee doe in healthes ) no more then the other . but the drinking of healthes doth abuse those serious , solemne , reuerend and x religious gestures wherewith we are to worship god , and honour men . witnesse the common practise of many , who are more frequent , serious , solemne , and de●o●t vpon their knees in the bottome of a seller at their healthes , then euer they are at their prayers in their clossets , or families : who stand vp vncouered , with greater reuerence , grauity , exactnesse , attention , and praecisenesse , whiles an health is drinking at the table , then whiles the creede is repeating in the church : who are more scrupulous , praecise , exact , and punctuall in the circumstances , and ceremonies of their healthes ; then in the manner and substance of all those holy duties which they owe to god : who make a greater scruple and conscience , and deeme it a matter of greater consequence to sit couered at an health , then at a psalme , a chapter , a prayer , or a sermon in the church : who repute it a greater insolency and offence , to omit the pledging of an health , then to omit any holy dutie , or to sweare an oath , or to drinke till one vomit vp his shame againe , like a filthy dogge : or lye wallowing in his drunkennesse like a bruitish swine . now to be thus scrupilous , solemne , graue , exact , and serious , in drinking healthes with bended knees , and vncouered h●ades , what is it , but magno conatu nugas agere , to act toyes and vanities in good earnest ; to peruert and abuse those solemne , reuerend , and religious gestures : which wee should appropriate , and principally reserue to god : and to worship , reuerence and adore those persons with them whose healthes are drunken , y as the gentiles and heathen sometimes did adore their deuil-gods , in quaffing of healthes vnto them . therefore this drinking of healthes must needes bee euill , and vnlawfull . thirteenthly . that which doeth cause men to drinke more , and to pray , and praise god lesse then else they would doe : that which doeth put out prayer and holy dueties , and attribute that to healthing which should bee ascribed vnto prayer : z must needes be sinfull and vtterly vnlawfull : because it doeth abuse gods good creatures , and not onely derogate from , but likewise peruert his holy ordinances . but this beginning and pledging of healthes , doth cause men to drinke farre more then else they would : to drinke against their wills , their natures , and their appetites , when as they are not thirstie , or when as they haue drunke enough , or to much before : yea it serues to no other purpose , but to drawe men on to drink more liberall , then else they would : and besides , it causeth them to pray and praise god lesse then else they would doe : yea it puts out holy dueties , and * attributes that to healthing , and drinking , which should be ascribed vnto prayer . hence it is , that many like the * pagans in former ages , are drinking their kings , their queenes , their lords , their ladies , their maisters , their mistresses , their magistrates , their captaines , their kinreds , their parents , their friends , their childrens , and companions healthes , when as they should be praying for them : hence it is , that they make the drinking of their healthes , a principall part of their pietie and deuotion towards them , and to goe in lieu of their prayers for them ; thinking that they haue more really , and truely , manifested , and expressed their loue , their pietie , their seruice , and their duetie to them , and done them more true and reall good , honor and seruice in quaffing off their healthes , then if they had heartily prayed for them . hence is it , that men doe attribute a kinde of diuine vertue and efficacy to their healthes ( which the very phrase of drinking such a mans health doeth seeme to import ) as if the drinking of mens healthes were as effectuall , nay more energeticall , to preserue , to purchase and procure their health and happinesse , then their prayers for them . hence is it , that men drinke the healthes of others , whiles they are in health of purpose to continue , lengthen & increase their health : hence is it , that they carrouze their healthes in sicknesse , of purpose to recouer and restore them to their health , as if healthes were the onely cordiall , or phisicke to preserue , procure , or restore mens healths : hence is it , that many deem it agreter a breach of allegeance to refuse to drinke or pledge the kings maiesties health , then not to pray for it : reputing those for no good subiects , who out of conscience dare refuse it : hence most men estimate it the greatest iniury , indignitie , discourtesie and wrong that can be offered to men , to refuse their healthes : because they presume that there is some vertue in them for to doe them good : hence many drink ouer their kings , their queenes , their lords their ladies , their masters , captaines , friends , or mistresses healthes , some twice or thrice a day : where as they scarce pray priuatly ( at least purposely , or heartily ) for their health & spirituall happines , once a yeere ; as if they had more neede of healthes then prayers : hence is it , that on most of our festiuall and solemne dayes : on the b coronation or birth-daies of our kings , or on the birth-dayes , or marriage-dayes of our friendes : vpon our solemnities , for great , deliuerances and mercies to our kings , our states , or friends ; in steed of praying for them , and of praising god for his great mercies , blessings , and fauours towards them , wee are alwayes quaffing and taking off their healthes , as if healthes were the best prayers that wee could put vp for them , or the best sacrifices , and prayses that wee could offer vp to god in their behalfes , when as in trueth , they stinke in the very nostrells of god , and all good men . since therefore god hath commanded vs , d to make supplications , prayers , and intercessions for kings , for magistrates , and all that are in authoritie , and for all men else , and not to drinke healthes for them , ( which swine and oxen may doe as well as men , and that to as good , or better purpose : ) since he hath enioyned vs e to offer vp the sacrifice of praise , of prayer and thankesgiuing to him , and not of healthes , for all his mercies and fauours to our selues or others : it cannot but be sinfull and vtterly vnlawfull , to out , to lessen , or abate our prayers and thankesgiuings with our healthes , and to attribute that efficacy and power to those healthes , which is proper and peculiar to our prayers ; as all our healthers doe in their hearts and iudgements , though not in open speaches : though some of them are not ashamed to professe in words ; that the drinking of mens healths , is as beneficial to them as mens prayers for them ; a most atheisticall and blasphemous speach . therefore this drinking of healthes must needes be sinfull and vtterly vnlawfull . foureteenthly . that which was a common practise , custome , and ceremonie of gentiles , and heathens who knew not god , in their ordinary feastes and meetings , and in the solemnities , and festiualls of their deuill-gods , must f needes bee sinfull and vtterly vnlawfull vnto christians . but this drinking of healthes one to another in a certaine method , order , course , measure and number , was a common practise , custome , and ceremonie of gentiles , and pagans who knew not god , in their ordinary feastes and meetings , and in the solemnities and festiualls of their deuill-gods : yea it is an inuention and practise of the diuell and his followers . therefore this drinking of healthes must needes bee sinfull and vtterly vnlawfull vnto christians . the maior is warranted , not onely by fathers and councells , but likewise by many expresse g scriptures , which doe positiuely enioyne vs : not to imitate the customes , fashions , ordinances , rudiments , traditions , or ceremonies of the world , or of the heathen , gentiles , or worldly men : not to learne their wayes nor customes● not to bee like to them , nor yet to conforme nor fashion our selues vnto them , especially in their prophane , heathen●sh , idolatrous and superstious rites and ceremonies . the minor , i shall backe and prooue by diuers authenticke testimonies , euidences , and recordes both of prophane and christian authors . it is recorded by h plato , that certaine drunkards came in to agatho , aristophanes and socrates where they were discoursing , compelling them to drinke : and when these three philosophers had drunke them all asleepe , they fell to drinke in i course one to another to the right hand , out of a great bowle , in the nature of our healths : plutarch relates , k that it was the custome and manner of the ancient grecians to drinke one to another in course by a certaine measure : and that iupiter in the feast that hee made to the gods , did power out wine into a cup , and inioyne them to drinke it off one after another in course : so that it seemes , the great deuill-god iupiter was the first inuenter , founder , and i●stituter of our hellish , and heathenish healthes . alexander ab alexandro , and polydor virgill record : l that the grecians ( yea and the m romans too ) did salute their gods , and friendes among their cupes , and call vpon them by name , carousing off the whole cup to them : and that when as they drunke to any one , they did alwayes nominate him to whom the cup should bee filled and giuen for to pledge them : and so they did drinke the health of their gods first , and then the health of their friendes afterwards : and hauing called on their gods , they did liberally drinke of the whole cup vnto them . yea , no embassador could enter within their territories , nor yet discharge his embassage , vnlesse hee had first washed his hands and drunke a health to ioue their idole god . saint basil the great , informes vs : n that the heathen greekes in his times had ouerseers , and stewards of their drinking in their feastes , to see that euery man should take off his liquor , and drinke in course and order : and that the master of the feast hauing a ferkin of coolewine brought vnto him , did measure out to euery guesse an equall quantitie and proportion of wine , which they must drinke off in order : that so the cupps being equall , there might bee no exceptions taken , and one might not circumuent nor defraud another in drinking : of which law ( he informes vs ) that the very deuill himselfe was the author : which order and course is now obserued in our healthes : o athenaeus relates , that among the tyrrhenians it was lawfull for any man to prouoke whom euer he would to pledge an health : p philo iudaeus , produceth the heathen philosophers disputing this question : whether a wise man might enter into a combate of drinking for some great aduantage , yea or no ? as to drinke for the health of his countrey , the honour of his parents , the safetie of his children or neerest friends , or for some other such like priuate or publike occasion : by which it is euident that healthes were commonly vsed among the gentiles , and pagans in his times : it is recorded of q amphyction king of athens , who was the first that mixed wine ; that he enacted : that men should drinke but a little pure wine after meales , but as much mixt wine as they would : and that they should alwayes inuocate the name of ioue , or drinke ioues health , in their drinking matches , that so they might obtaine health by it : whence seleucus witnesseth , that the ancients did not vse to drinke much wine , but in fauour and honour of the gods : whence they stiled their feastes and meetings , thaenas , thalias , and methas : because they imagined , that they might bee safely drunke in these feastes of theirs , for the honour and sake of their gods , since the principall end of these their meetings was to drinke their healthes : so that healthes ( it seemes ) were a part of the deuills homage , seruice and sacrifice at the first : and hence i suppose it is , that many are turned such incarnate deuills in these our dayes , that they feare not to begin or pledge the deuills health , which is so rife with many . it is storied of alexander the great r that after hee had composed the differences betweene the persians and macedonians , hee made a great feast vnto them , and to others of other nations whom hee had conquered , to the number of 9000. men : who did all drinke to his health , and the health of his army , and to the perpetuall concord of the persians and macedonians out of the same bowle . it is recorded by dion cassius , s that the roman senate inacted for the honour of augustus : that the romans should make wishes for him , t and drinke his health in all their publique and priuate feasts . u clea●chus is cited by athaeneus , bringing in v●pian drinking of an whole carouse for the health of his kindred , as a pledge of his loue vnto them . x plinie records , some laws & ceremonies of the romans obserued in their drinking : which doe much resemble our healthing : to wit , that they must drinke vp all at a draught , and not take breath to doe it : that they must spet out none , nor cast away none , nor leaue no snuffe behinde them in the cup : which rules our artificiall healthers and drunkards , doe now exactly keepe and obserue . y it is registred of the ancient germans : that they sit drinking : and of the moderne germans , that they sit healthing night and day , till they haue laid one another dead drunke vnder the table . z saint ambrose , a saint hierome , and b saint augustine make mention , how the gentiles , and drunkard 〈…〉 their times , did vse to drinke the healthes of their emperours , kings , armies , friends and children . it is recorded of c fabius maximus , that hee was so much honoured among the romans , for his seruice against hamball , that no man might eate nor drinke , before hee had prayed for him , and drunke his health . d olaus magnus recordes it of the northerlings : that they account it a kinde of religious thing , to drinke the healthes of their gods and kings : and e alexander guagninus witnesseth : that among the sar●●atians ( who are for the most part pagans and infidels ) he is reputed the best seruant who can drinke his maisters health best : i might here produce f lypsius , g plautus , h ioannis fredericus , i athenaeus , k martiall and others , to prooue vnto you : that it was common and vsuall among the gentiles , to drinke the healthes of their deuill-gods their friendes , their kings , their mistresses , their whores , their armies , and the like : i might likewise expatiate and lash out in proouing vnto you , how they did drinke sometimes l one cup , sometimes two cups : sometimes three , sometimes fiue cups , sometimes seuen cups , sometimes more , sometimes as many cups as there were letters in the names of the gods , or persons whose healthes they dranke , and the like : and how they did drinke m sometimes vnto the right hand , sometimes to the left hand , sometimes in a circle : but then i should exceed the bounds of my intended breuitie . wherefore i will conclude , and shut vp this with the authoritie of saint augustine , who expressely informeth vs. n that this filthie , and vnhappy custome of drinking healthes by measure , and method , is but a ceremonie , and relique of pagans : and therefore wee should banish it from our feastes and meetings , as the poyson of the deuill : and know , that if wee practise it either at our owne , or other mens tables , that in doing so , wee haue without all question sacrificed to the deuill himselfe . and with that of o martin delrio , and p iohn fredericke , who plainely certifie vs vpon the testimonie of iohn de vaux a great magician : that these healthes were inuented by the deuill himselfe : and that magicians , witches , and inferior deuills doe oft times vse them , carrouzing the health of belzebub the prince and king of diuells in their feastes and secret meetings , as others vsually doe their kings and princes healthes . and should we then ( saith fredericke ) endeuour to make these customes ours , with which the infernall spirits , witches , and magicians vse to flatter and gratifie their belzebub , and by which they seeke the vnhappy friendship of their familiar spirit ? o wickednesse : you gods , you heauenly hostes who defend , and keep● men backe from euill , come neere and put to your helping hands : lest any christian heart should bee infatuated with so execrable a madnesse . if therefore it be come to passe , that deuills , and deuillisle persons haue drawn● these healthes into their roundes , and feastes : what christian should not quake and tremble in euery ioy●t and member of his body , when as hee is forced , or allured to their healthes , perhaps as farre as drunkennesse it selfe : thus farre iohn fredericke . by all these testimonies and records , which cannot be controuled , it is now most cleare and euident : that this drinking and quaffing off of healthes , had its originall and birth from pagans , heathens and infidels , yea from a the very deuill himselfe : that it is but a worldly , carnall , prophane , nay , heathenish , and deuilish custome , which sauours of nothing else but paganisme , and gentilisme : that it was but the diuells drinke-offering , or a part of that honour , reuerence , worship , seruice , sacrifice , homage , and odoration , which the gentiles , witches , sorcerers and infernall spiri●s gaue to belzebub , the prince of deuils , and euery other deuill-gods ; to whose honor , name and memory , they were first inuented and consecrated . and shall wee then , who professe our selues to bee b christians in name , turne infidels and pagans in our liues : shall wee who haue giuen vp our names to god and christ : wee who haue vtterly renounced in our baptisme , all worldly , heathenish , carnall , and hellish rites and ceremonies : and vowed solemnely vnto god himselfe c to forsake the deuill and all his workes , the p●mpes , and vanities of this wicked world , and all the sinfull lusts of the flesh : betake our selues to these rudiments and ceremonies of the world ? to these workes of darkenesse , sinne , and satan ? to these riotous , idolatrous , prophane , and gracelesse healthes , & ordinances of infidels , & paga●s , who were solely imbondaged vnto satans discipline , and neuer heard of christ ? shall we thinke to gratifie and honour god , or christian princes , parents , nobles , captaines , friendes , or magistrates , in the very selfe same kinde and manner as the gentiles did adore their deuill-gods , in quaffing off their healthes ? shall we now thinke to celebrate , the natiuitie , circumcision , resurrection , or ascention of our blessed lord and sauiour iesus christ : or our christian feastiualls and solemnities ( as the custome of too to many healthen-christians is , * who scandalize religion , and make it odious vnto turkes and infidels by their deboist , their wicked and licentious liues ) in the selfe same manner as the pagans did their d bacchanalia , or their deuill-feastes , in drinking and carrouzing healthes ? as if e light and darkenesse : righteousnesse and vnrighteousnesse : christ and belial : the cup and table of the lord , and the cup and table of deuills ; the temple of god , and the temple of idoles ( which can haue no communion , no concord , nor agreement ) were fully reconciled and recorded ! o let it bee neuer said of any who dare to beare the face , or to assume the name of christians to themselues ; that they should euer glory , or take a pride ( as many doe ) or get an habit , or beare a share in drinking healthes ; especially on those blessed times , and happy dayes , which summon and ingage them in a more neere and speciall manner , to expresse their loue , their thankefulnesse , and their best obedience and respect to god , for all his kindnesse , mercy , loue , and goodnesse to them , or when as hee comes vnto them f in his best and richest mercies , which call them vnto temperance , and sob●ietie , and not to drunkennesse , riot , and excesse : but let them worship him with a reuerend , pure , and holy worship : with a gracio●s , temperate , and holy heart ; and with a thank●ull , mederate , sober , and awfull vse of all his creatures , as himselfe g enioynes them ; or else let them vtterly renounce and disclaime the name of christians , and turne professed pagans , both in name and nature , as they are in practice . o let vs christians who thinke sco●ne to bee stiled in●idels , or heathens ; or carnail , worldly , prophane , or gracelesse persons ; bee ashamed to allow , or practise that , which makes vs either such , or worse then such : let vs bee such in trueth and practise as wee would be in name : or else let vs bee contented to bee deemed and reputed such ( euen infidels and pagans ) h h as our liues our healthes and actions , describe vs for to bee . let vs not honour court , nor entertaine , our god , our sauiour ; our kings , our christian princes , nobles , magistrates , friendes , or consorts , with healthes and roundes ( as the manner is ) as wee would entertaine , or court the very deuill himselfe : ( for what other better complement or well●come could the deuill belzebub himselfe desi●e , if hee were a bidden guesse vnto our tables ; or what ●itter fare or entertainement could we giue him , then to plye him hard with healthes i as the magicians , witches , and inferiour deuills vse to doe ) vntill wee had got the staggars ) but let vs imitate the feastes and meetings of holy christians in former ages : k who did begin their feastes with prayers , continue them with temperance , and sobriet●e , eating no more then would suffice their hunger ; drinking no more then would quench and satisfie their thirst : eating and drinking as in gods sight ; discoursing and talking as in his hearing : concluding their meetings with a psalme and prayer , and then departing , not to a tauerne , or a whore-house , but to their owne houses with temperance and sobrietie , hauing their soules as well replenished with grace and discipline , as their bodies with grosse and corporall foode : if wee would now at last , obserue this antient , godly , and religious practise in the entertainement of our friendes : and in our feasts and meetings , which are commonly made the * theaters of healthes , of drunkennesse and riot , ( especially in the time of christs natiuitie . wherein men commonly sell themselues to drunkennesse , healthing , dauncing , carding , dicing , idlenesse , epicurisme , wantonnesse , and excesse of sinne , as if it were a time of loosenesse and prophanenesse , not of grace and holinesse ; doing more true seruice to the deuill , during this holy time , then all the yeere besides ) what ioy , what peace , and comfort : what increase and strength of grace would it bring vnto our soules , and to the soules of all our friendes and guesse ; which are now so much indangered , and without repentance damned , by these sinfull healthes which wee begin vnto them ? o therefore let vs now at last abandon these heathenish , idolatrous , and hellish customes as vnbeseeming christians ; as the inuentions , ceremonies , and customes of infidels and pagans , whose waies and workes wee must not practise . o let it neuer bee recorded of vs englishmen ( who haue taken vp this heathenish custome but of punie times ) as it is storied of the polonians : l that they vsually , as their manner is , doe ●arrouze and quaffe off great bowles , to the health of one another , oft times against their natures , so that their mutuall loue one to another , ( which they doe principally expresse in their feastes and meetings ) doeth oft times depriue them of their health , and make them subiect to many diseases , through to much healthing : that they will oft times force one another to drinke , saying : either pledge me , or fight with me : ( which is the cause of many duels : ) and that they account him the best seruant , who can drinke his maisters health best : let not the moscouites description euer suite with vs : of whom it is registred , m that they know full well how to allure men to drinke ; and that when as they haue no other occasion of drinking , they begin to drinke their dukes health : then the prince his brothers health : and next the healthes of other men of place and dignitie : whose healthes they thinke , that no man either will or dare denie : let it not be storied of vs , as it is of the ancient and moderne germans . n that they carrouze , and health , and drinke so long , till they haue laid one another dead drunke vnder the table , or caused one another to vomit vp their shame , and surfet : ( a sinne to common in our swinish age ) and a custome among drunkards in o saint ambrose his dayes , let it not be reported of vs , as it is of the ancient persians , p that they drunke so liberally at their feastes , that though they were able to carry themselues into their banqueting-roomes , yet they were alwayes carried out of them , because their owne legges could not beare them : ( the case of too to many now among vs. ) let it be neuer inrolled of vs , as it is of the brasilians , q that whole villages of them meet together to drinke and quaffe ( as they vse to doe at our countrey wakes , or reuells ) carrouzing , and drinking off whole bowles one to another , some times three dayes together , till they are not able to stand , and till they haue drunke vp all the caouin , or liquor in the place : let vs not be of the same minde and iudgement , as the inhabitants of r cumana , and g●iana are , who account him the greatest , and brauest man , and the most compleate and accomplished gallant , who is able to carrouze and swill downe most : which is the opinion of many gul-gallants in our bacchanalian age : but since we are christians and saints in name and reputation : & since s the grace of god which bringeth saluation hath appeared to vs : touching vs , that denying vngodlinesse and worldly lusts , wee should liue soberly , righteously , and godly in this present world : looking for that blessed hope and glorious appearing of the great god , and our sauiour iesus christ : who gaue himselfe for vs , that he might redeeme vs from all iniquitie , and from our vaine conuersation receiued by tradition from our fathers : that hee might redeeme vs from the world , and all worldly , prophane , and heat henish customes , ceremonies , ordinances , rudiments , and traditions of gentiles , pagans , and infidels : and purifie vs vnto himselfe a peculiar people , zealous of good workes : let vs be no longer pagans , heathens , and infidels in our practise , in taking vp , in vsing , practising , or approouing these heathenish , hel●●sh , prophane , idolatrous , and vnchristian healthes : but let vs vtterly abiure , and disclaime them , as a part of the deuills worship , seruice , homage , and sacrifice heretofore : and an inuention , custome , ordinance , tradition , rite and ceremonie of deuills , infidels , and the deboistest heathens , whose waves and customes t no christians are to imitate , vnlesse they will fall from god , to grosse idolatry . fifteenthly , and lastly . that which the scriptures , fathers , and many moderne christians , both diuines and others : together with two councels , christian emperouurs , and states : and many pagans , infidels , and prophane authours , haue vtterly condemned and disapprooued , must needes be sinfull , and vnlawfull . but the scriptures , fathers , and many moderne christians , both diuines and other , together with two councels , christians emperours , and states , and many pagans , infidels , and prophane authours , haue vtterly condemned and disapprooued this drinking and forcing of healthes . therefore it must needes be sinfull and vtterly vnlawfull . the maior i take for granted : the minor i shall indeauour to backe and prooue in euery branch and member . first i say , that the scriptures themselues doe vtterly condemne and disapprooue this drinking , or forcing of healthes , though not expressely and by name ( because it was not precisely nor particularly knowne to the pen-men of the scriptures ) yet in grosse and generall tearmes : and that so plainely , fully , and punctually , that no man can deny it . for first of all , they doe expressely prohibit , u all appearance of euill , and all occasions of sinne : secondly , they doe positiuely condemne , x all worldly , carnall , heathenish , vaine , and idle customes , ceremonies , ordinances , rudiments , and traditions , and all such things , and rites as sauour of gentilisme , paganisme , or heathenish idolatry and superstition : thirdly , they doe absolutely condemne y all rioting , and drunkennesse , all fleshly and carnall lusts , and all such things , as doe either sauour of the old man , or make prouision for the flesh to fulfill the lusts thereof : fourthly , they doe manifestly forbid , z all scandalous and offensiue things , which beseeme not the gospel of christ ; which may giue offence to the saints , and church of god and are not honest and laudable in the sight of all men : fiftly , they vtterly disallow , a d●sentence , all manner of carro●zing , and a drinking wine in bowles ; all reuellings , banquetings , and excesse of wine , and riot , according to the will and lusts of men , and the practise and custome of the gentiles : sixtly , they denounce an woe , not only against all b drunkards , and such as are strong to power in strong drinke : but likewise against c him that giueth his neighbour drinke , that putteth his bottle to him , and maketh him drunke also , that he may see his nakednesse : that is who doth any way force , or allure his friend or neighbour by any intreatie , d art , or wile , to drinke more then either hee would , or should doe : ( a place for such to meditate , and ruminate vpon , who delight to make others drunke , though they are not drunke themselues . ) now this drinking of healthes , is expressely , and punctually , within the verge and compasse of all these inhibitions , precepts , and iniunctions . for it is an appearance and spice of euill , and an occasion of much euill , drunkennesse , and excesse . it is a worldly , carnall , idle , vaine , prophane , and heath●nish ceremonie , ordinance , rudiment , and tradition , and a thing , and rite that sauours much ( nay wholely ) of gentilisme , paganisme , and heathenish idolatrie , and superstition : it is a concomitant , cause , and adiunct of riot , and drunkennesse ; a fleshly and carnall lust , and a part and relique of the old man , which makes prouision onely for the flesh , to fulfill the lusts thereof . it is a scandalous , and offensiue thing , which beseemes not the gospel of christ , which giues offence to the saints , and church of god , and is not honest and laudable in the sight of all men : it is within the compasse of carrouzing , and drinking wine in bowles : within the verge , of reuelling , banqueting , and excesse of wine , and riot , according to the will and lusts of men , and the custome and practise of the gentiles : and those who vse and practise it , are such who giue their neighbours drinke , and put their bottle to their mouthes , that they may make them drunke , and see their nakednesse : they are such as draw on others to drinke more largely then they would , or should doe , for which there is an heauy and bitter woe attending on them : therefore this drinking of healthes is in substance , punctually , fully , and particularly ( though not expressely , and by name ) condemned and disapproued by the scriptures ; so that it must needes be sinfull and vtterly vnlawfull , as well as sacriledge , astrologie , symonie , nonresidency , poysoning , treason , magique , and the like : which are onely in substance , but not by name condemned in the word : and this should mooue vs * foorthwith for to reiect them . secondly , as the scriptures , euen so the ancient fathers of the church , doe vtterly condemne and disapprooue of drinking healthes . not to trouble my selfe nor others in recording all those workes and treatises , wherein the fathers haue learnedly and zealously displayed themselues against drunkennesse and drunkards : whose d workes and writings in this kinde , i would the learned drunkards of our ebrious age would well consider : i will onely mention and produce such fathers , as come home and punctuall to our present purpose ; such as doe either in realty and substance : or else in expresse and punctuall tearmes , condemne all forcing , beginning , pledging , and drinking of healthes . clemens alexandrinus , doeth blame and taxe the drunkards of his age , e for drinking and rounding one to another , vnder the name of beneuolence , or good-fellowship : vnder which name our drunken roundes and healthes ( which are the same with those which hee condemnes ) are this day palliated . saint basil , writing against drunkennesse , which was very ri●e among the grecians in his age : informes vs ; f that they had maisters , stewards , and ouerseers of drinking in their feastes and meetings , to see that men should take vp their liquor : & that there was a certaine order & method obserued in their disorderly course of drinking . ( and is not this the course , & practise of our drunkards now ? ) when as a man ( saith he ) would thinke that they had well drunken , then they begin to drinke : and they drinke like beastes , giuing equall cups vnto the guesse as out of an inexhaust fountaine : the drinking thus proceeding , a young man comes foorth with a flagon of coole wine on his shoulders : hee comming in the butlers place , and standing in the middest , doeth distribute an equall portion of drunkennesse to all the guesse through crooked pipes : this is a new kinde of measure , where there is no manner of measure , that so by the equallity of the cups there may be no murmuring , nor exceptions taken , and that one may not circumuent , nor defraud another in drinking : euery one now takes the cup that is set before him , that so like an oxe out of a cisterne , he may striue to drink at one draught without any respitation , as much as that great flagon will supply through the siluer pipe : consider the greatnesse , the belly and measure of the flagon how much it holds : this flagon of wine thou doest not put into a wine-caske , but into thy belly which was filled long before : wherefore the prophet doeth well crie out , woe vnto them that rise vp early in the morning , th● they may follow strong drinke , that continue vntill night , till , wine inflame them : but they regard not the worke of the lord , neither consider the operation of his hands : and so he● proceedes in condemning of these healthes , which are the same with ours now , or at least but little different from them . saint ambrose in expresse tearmes condemnes this drinking of healthes : h what ( saith he ) shall i speake of the obtestations of drunkardes ? and what shall i commemorate their sacraments , or ceremonies , which they esteeme a kinde of impietie for to violate ? let vs drinke , say they , the emperours health : and hee that will not pledge it , is made guiltie of indeuotion and disrespect : for hee seemeth not to loue the emperour , who will not drinke his health : and is not this the speach and custome of our times ? o the obedience ( saith hee ) of this pious deuotion . let vs drinke say they , for the safetie of our armies , for the prowesse of our consorts , for the health of our children : they thinke that these their well-wishing healthes doe ascend vp euen to god himselfe . o the folly of men , who deeme drunkennesse to bee a kinde of sacrifice : who thinke that those martyres will be appeased by drinking of their healthes , who haue learned to indure affliction through fasting , &c. in their feastes ( saith hee in another chapter ) thou shalt see their gold and siluer cups to bee marshalled , and ranked like an armie , to prouoke men for to drinke , ( lo here the very method and patterne of our drunken age : ) first , they begin to drinke and skirmish with the lesser cups , then with the greater : next the cups begin to striue with the firkins , they being oft times doubled betweene delayes . afterwards proceeding on to drinke , they begin to striue who shall drinke most . if any man desire to bee excused from drinking , hee is hardly taxed for it . when the feast is ended , they begin to drinke a fresh : and when as a man would thinke they had ended , then they begin their drinking ; and then the greatest bowles , like so many warlike instruments , begin to walke ; here they begin the combate : the butlers and seruants begin to grow weary of filling , and yet they are not weary of drinking : onely these combates are without excuse . in warre , if any man finde himselfe to weake , hee may lay downe his armes , and receiue a pardon : here if any man sets downe the cup , he is vrged to drinke . in wrestling , if any man foyle thee , thou losest the victory , but yet thou art free from wrong : in feastes , if any man refuse to take the cup into his hand , it is foorthwith powred into his mouth by force . thus they continue till all of them are drunken , as well the conquerers , as the conquered . what a sorrowfull and miserable spectacle is this to christians ? neither are they excused , who thus inuite men as friendes , and send them away as enemies , k or cast them out as carcases : why doe expences and costes delight thee without thankes ? thou inuitest men to mirth , and yet thou forcest them to death : thou callest them to dinner , and then thou wilt carry them out as to the graue : thou promisest meate ; but thou inflictest torments , thou offerest wine , but thou powrest in poyson , &c. this father proceedes , but i will stop and referre you to him : since i haue recorded sufficient out of him , not onely truely to discypher , but likewise positiuely to condemne , the drunkenesse , custome , practise , and healthing of our age . saint heirom , speaking of the effects of drunkennesse in his dayes , hath this passage . l thou maist ( saith he ) behold some turning cups into darts , and dashing them in the faces of their companions : others with torne garments , assaulting , and wounding those they meete : others crying , others sleeping : hee who drinkes off most , is deemed the valiantest man : and m it is an occasion of a iust accusation , to refuse to pledge the kings health often : which course and practise hee vtterly disauowes , as sinfull and abominable . saint augustine , is very large and copious in this theam● n deare brethren ( saith hee ) albeit i beleeue that you feare drunkennesse as much as hell it selfe , yet i exhort you neither to drinke more your selues , neither to compell others to drinke more then they ought . for many oft times doe drinke by measure , without measure : they prouide great cups , and drinke by a certaine law and rule : hee that ouercomes deserues the praise by this sinne of his . now those who are such , endeauour to excuse themselues , saying , ( as our common drunkards vsually doe : ) wee should vse our friendes discourteously , if we should not giue them as much as they will drinke , when as wee inuite them to our feastes . but how are they your friendes , who would make god your enemie , who is a friend to both ? wherefore it is better to part with such friendes , then to part with god : and if they will needs drinke , let them drinke , and perish alone : better it is that one should perish , then many . but o the vnhappinesse of man kinde : how many are there , who will force drunkards to drinke more then they ought , when as they will hardly part with a cup of drinke , to a poore needy christian who begges it at their doores ; notwithstanding , that in this case it bee giuen to christ himselfe ! and that which is farre worse : diuers of the o clergie , who ought to hinder others from drinking thus , doe themselues p compell , and allure others to drinke more then they ought . but now i intreate this one thing of you , aboue all the rest , and i adiure you by the dreadfull day of iudgement , that as oft as you feast one another , you would vtterly banish from your feastes , that filthy and vnhappy custome of drinking healthes , three by three in a large measure , without measure , either willingly , or against your wills : as being the poyson of the diuell , and an vnhappy relique , and custome of the pagans . and whosoeuer shall consent , that this forme of healthing shall bee vsed , either in his owne , or other mens feastes : let him not doubt , but that hee hath sacrificed to the very deuill , himselfe : by which forme of drinking , his soule is not onely slaine , but his body likewise is infeebled . but now what a thing is this , that these vnhappy drunkards when as they drinke till they glut themselues with ouer much wine , should deride and scoffe at those , who will drinke no more then will suffice them ? saying vnto them , be ashamed , and blush : why cannot you drinke so much as we ? ( which is the ordinary speach , and phrase of drunkards now ) : they tell them that they are no men , because they will not drinke : they stile themselues the men , when as they lye prostrate in the iakes of drunkennesse : and they say that others who can stand vp honestly , and soberly , are no men : they lye prostrate , and yet are men : others stand vpright , and yet they are no men : the conquerour of drunkennesse is dispraised , and he that is conquered of drunkennesse is applauded : the sober man , who can gouerne himselfe and others , is derided : and the drunkard , who can neither know himselfe , nor others : is not derided , yea not bewailed . * but now drunkards doe alledge this excuse for themselues . that a great man did compell them to drinke more then they would , and in the feast of the king i could not doe otherwise . this is nothing else but a meere pretence to excuse our sinnes : and that which we will not , we say we cannot fulfill : our will is the fault , though our inabililie be pretended : but admit that thou were so put vnto it , that there it should bee said vnto thee ; either drinke or dye : it is better that they sober flesh should bee slaine , then that thy soule should dye for drunkennesse . howeuer the obiection is false : for godly , sober , and religious kings and potentates , though they may chance to bee angry with thee for an houre , or two , because thou refr●sest to drinke out of a loue to god : yet they will afterwards admire thee , and respect thee so much the more for this thy refusing , by how much the more earnestly they did desire , perswade , and presse thee for to pledge them . and now , what a things is this , that after the feast concluded , when as men haue quenched their thirst : when as they cannot , neither ought they to drinke more , that then they should begin to drinke afresh ( as if they were but newly come ) vnder diuers names , not onely of liuing men , but likewise of angels , and other ancient saint : thinking that they doe them the greatest honour , if they doe euen bury themselues with too much drunkennesse , in the commemoration of their names , and healthes : not knowing , that none are so iniurious to holy angels , or holy men , as those who slay their soules through too much drunkennesse , in drinking off their healthes . remember therefore , that hee who drinkes too much to his friend , is made an enemie to his soule : that hee doeth debilitate his body , and murther his soule . and thus hee proceedes against drunkennesse , and drinking healthes , as you may more largely reade in the workes themselues . you see now by these seuerall testimonies , and recordes : that the ancient fathers , not onely in their practise , but likewise in their iudgements , haue vtterly condemned this heathenish art and ceremonie of drinking healthes . let those then who are , ( or at leastwise should be ) fathers in the church , ( as i feare there are some in ours , as well as in q s. austines dayes , who are too much addicted to this sinne , and crime ) bee ashamed to vse , to practise , or approoue of healthes , especially at their proper tables , or at any publique meetings ( as the custome of too many is ; ) since so many ancient fathers haue condemned them . it is a shame , nay a r sacriledge , for a father , a bishop , or pastor , of the church ( whose life should be a light , a patterne , & s example vnto others ) to be a childish nay , a swinish drunkard , or health-drinker : especially since god himselfe hath so punctually and frequently t inioyned , all bishops , pastors , deacons , fathers , and elders of the church : to bee graue , and sober ; not giuen to much wine : that so they may haue a good report of those that are without ; lest they fall into reproach , and the snare of the deuill : and therefore , though courtiers , souldiers , russians , rorers , and others , doe practise , and approoue of healthes : yet let bishops , ministers , schollers , maiestrates , and all such persons , who are the pastors of mens soules , or patternes of their liues , bee sure to renounce them , as a prophane , luxurious , heathenish , idolatrous , and hellish custome complement , and ceremonie ; for feare they degenerate from these fore-quoted fathers , whose sonnes , and followers they professe themselues to be ; and plunge themselues into such eternall flames , as all the ocean cannot quench , though they should health it downe . but especially , let all protestant bishops , pastors , fathers , and diuines , abiure and renounce these heathenish , idolatrous , and pernicious healthes , and vtterly abandon , and disclaime them , both in their iudgements , and their practise , as sinfull , and abominable ; that so they may stop , and put to silence , the slanderous mouthes of brazen-faced , and false-tongued papists ; who haue published it vpon record . u that the arch-heriticke luther , was the author and founder of those new kindes of healthes , which are now so rife among his followers : of whom they register this vtopian and forged storie . that luther , on a certaine time made a great feast at his house , to which hee inuited the chiefest professours of the vniuersitie , and among the rest one islebius , for whose sake this feast was principally prouided . dinner being ended , and all of them being somewhat merry : luther after the german custome , commanded a great glasse , diuided with three kinde of circles to bee brought vnto him : and out of it he drunke an health in order to all his guesse : when all of them had drunke , the health came at last to islebius : luther then in the presence and view of all the rest , takes this glasse being filled vp into his hand , and shewing it to islebius : saith , islebius i drinke this glasse full of wine vnto thee , which containes the renne commandements to the first circle : the apostles creed to the second , the lords prayer to the third , and the cattechisme to the hottome : when he had thus spoken , he drinkes of the whole glasse at a draught : which being replenished with wine , he deliuers it to islebius , that hee might pledge him all at a breath : who takes the glasse , and drunke it off onely to the first circle , which did containe the decalogue , it being impossible , for him to drinke any deeper , and then sets downe the glasse on the table , which hee could not behold againe without horrour : then said luther , i knew full well before , that islebius could drinke the decalogue , but not the creed , the lords prayer , and the cattechisme : which speach of his was receiued , and approoued of all as an oracle , from this forged storie , the papists take occasion , not onely to slander and vilifie * luther and his followers , but likewise to vpbraid the very doctrine and religion of the protestants ; as being ratefied , established and confirmed by this praphane , if not l●sphomous health of luther , and by the healthes of ecmondamus , and aurasius . wherefore , let all protestants abiure , and renounce these healthes for euer ; not only because these seuerall fathers , ( whose steps wee ought to follow , as well in life and manners , as in faith and doctrine ) haue with one consent condemned them : but likewise that they may wipe off this false , and scandalous reproach , which the papists haue raised vpon luther , and his followers , as the inuenters , and establishers of healthes : when as in trueth themselues are most of all addicted , and deuoted to them , and may be truely stiled the authers and the fathers of them , what euer they pretend . witnesse pope iohn the thirteenth , that monster of men , as platina stiles him : x who did drinke an health , to the very deuill himselfe ; whose vicar questionlesse he was . witnesse the y councell of lateran vnder innocent the 3. can. 15. and the councell of colen , anno , 1536. part. 2. cap. 24. & part. 5. cap. 6. which restraine not onely the popish laitie , but likewise their parish priests , and clergie , from drinking of healthes , which did then abound in diners parts , ( and that before luthers dayes ) as these their councells testifie : ( though they would falsely stitch them vpon luthers sleeue , by this their false , and sleeuelesse story : ) yea witnesse iohn fredericke himselfe , the register of this forged fable : who testifies , z that not onely the lay papists , but euen their vnholy holy fries , monkes , and clergie men , ( such temperate and abstemious creatures are they ) doe oft times drinke and quaffe off healthes vnto the honour , and reputation of their god defied saints , and angels : which practise he doeth seeme for to approoue : contrary ( i am sure ) to saints augustines verdict . who informes vs ; * that it is the greatest indignitie , and iniury that can bee offered to holy angels , or saints , to drinke their healthes : yea contrary to the practise , and iudgement of the fathers : ( in which they so much vaunt , and triumph ) who haue condemned , sentenced , and reiected healthes , as their fore-quoted workes and writings testifie . thirdly , as the scriptures and fathers , euen so many moderne diuines , and christian authers of all sorts , haue vtterly condemned , and disapprooued this drinking , and pledging of healthes . not to make mention of z cromerus , a guagninus , b baro , c munster , d alexander ab alexandro , and e other historians who taxe the sarmatians , polonians , germans , graeciaus , and others for their health-drinking : nor yet to remember f brentius , g merlin , h polidor virgil , i bishoppe hall , or k owen , who haue glanced at them , and condemned them in the by : as euill , hurtfull , and unlawfull things , and ceremonies , that draw on drunkennesse and excesse ; and oft times prooue the sickenesse both of soule and body too : nor yet to trouble you with the l confession of one maister francis cartwright , who being troubled in his conscience , and lying on his sicke-bed , cryed out ; it wounds me to the heart , to thinke on my excesse , my drinking of healthes , &c. which will bee the case , and crie of euery health-drinker , when as the panges of sinne , and death shall seise vpon his soule at last . i shall onely referre you to m wesenbecius , a ciuilian : who censures healthes , as being contrary to distributiue● iustice : to n lissius , a pesuite ; who handles this very question : whether it be law full to begin an health ? and whether it be law full to pledge it ? and concludes that it is not : for neither reason , nor necessitie of nature , nor good health , nor the vigor of the minde , nor the alacritie of the sences , but another mans belly , nay , the whole capacitie of his belly , bowels and reines , are made the rule of drinking , &c. to one n iohn fredericke a papist , professour of historie in colin : who hath written two learned bookes against health drinking : to olaus magnus hist. l. 13. c 37. 39. 40. to vincentius obsopaeus de arte bibendi . lib. 2. 3. to maister iohn downame in his disswasion from drunkennesse : to maister robert harris his drunk●rds cup. pag. 20. 28 , 29. to maister samuel ward his woe to the drunkard : and to the reuerend , and learned diuine , maister robert bolton , in his generall directions for our comfortable walking with god : pag. 200. to 206. who haue fully and largely , reiected , condemned , and censured the drinking of healthes , as an abominable , odious , sinfull , heathenish , and vnlawfull practise , which dishonours god , and man , and produceth many mischiefes ; as these workes of theirs doe at large declare : and shall wee christians and protestants still practise and applaud them , when as so many moderne christian writers , both protestants , & papists , haue passed a verdict , doome , and sentence of condemnation on them ? o let vs neuer dare to doe it , for feare , the fore-quoted scriptures , fathers , and the now recited authors , should rise vp in iudgement against vs to condemne vs for it . fourthly , but if these authorities will not sway vs , nor cause vs to abandon and renounce these healthes , then heare in the fourth place , what councels , what christian states , and emperours haue concluded and decreed against them . in the popish o councell of lateran vnder innocent the third , in the yeere 1215. can. 15. there was this constitution made . let all clergie men diligently abstaine from surfetting and drunkennesse ; for which let them moderate wine from themselues , and themselues from wine : neither let any one bee vrged to drinke , since drunkennesse doeth banish wit , and prouoke lust . for which purpose we decree , that , that abuse shall bee vtterly abolished , whereby in diuers quarters , drinkers doe vse after their manner , to binde one another to drinke p healthes , or equall cups , and he is most applauded by them , who makes most drunke , and qu●ffes off most carrouses . if any shall off end hencefoorth in this , let him be suspended from his benefice , and office , vnlesse hee giue some other competent satisfaction . loe here you haue an expresse councell against healthes , especially in clergie men , together with a penaltie on such as drinke them . so againe in the q prouinciall councell of colin , in the yeere 1536. part . 2. c. 24. & part 5. c. 6. all parish priests , or ministers are chiefely prohibited , not only surfetting , riot , drunkennesse , and luxurious . feastes , but likewise the r drinking of healthes , which they are commanded to banish from their houses by a generall councell . thus haue you two seuerall councels against healths . let vs now see what christian states , and emperours haue decreed against them . it is s recorded of charles the great , maximilian the emperour , and t charles the fift , that they inacted laws against health-drinking : to wit , that no souldier , nor any other person should allure , or compell any one to drinke , or pledge an health : and that all healthes should bee abolished and antiquated , because they were the causes of great and filthy vices : and withall they commanded all the electors , princes , dukes , and ecclesiasticall , and temporall lords , to banish them out of their courts : and all courtires , citizens , and all other their subiects whatsoeuer , not to vse , not force any healthes : enioyning all ministers to preach against them : right christian lawes , and iniunctions , worthy to bee imitated , and seconded by all christian princes , especially in this ebrious and drunken age . to these i may adde those notable ru●●s against health-drinking , composed long since by a german senate , and now lately reu●ued in so●e parts of germanie : which orders and lawes u iohn fredericke hath transcribed out of a marble piece , in which they were ingrauen , in forme as followeth : let no prince , nor lord whatsoeuer , suffer his health to be drunken in great cups : hee that prouokes another to drinke an health , let him feare the wrath of the prince of great name . if one prouoke thee impiously to drinke an health , doe thou piously auoide it : hee that drinkes his princes , or patrons health , let him not lose his owne . if thou drinke an health , wee doe not so well approoue of it : if thou doest it , bee thou still a man. let reason be thy gnomon , and vertue thy queene to gouerne thee . remember that christians must fight against the turke with the sword , not with the cup : there it is an honour , here a disgrace to ouercome . let not one friend draw nor force another to drinke : if he doeth so , withstand him : and if hee will not bee contented , then throw the wine upon the ground : and if he will not leaue thee so , then take him for an enemie : if thou wouldest rather displease the lord then man : and rather damne thy soule , then saue it , let it be capitall to thee . not to trouble you with our owne a satutes against tipling & drunkennesse , ( in which the drinking and pledging of healthes in innes and tauernes , may bee well included , ) i shall conclude on these recited authorities ; that councels , and christian states and emperours haue vtterly condemned , and reiected healthes as abominable , hurtfull , and pernicious euills . and shall we not then disclaime , and quite renounce them ? shall we not passe a sentence of condemnation on them , and exile them from our houses , tables , and our kingdomes too ( where they haue beene practised , and fostred but of latter times ) as these haue done ? o let vs be sure to doe it , lest papists , and germans should excell vs in temperance , and sobrietie , to our iust reproach : and to the scandall of that holy , pure , orthodoxe , ancient , and sincere religion which we now professe . fiftly , as the scriptures , fathers , and these moderne christian writers , emperours , states , and councells : euen so pagans , and infidels haue vtterly condemned , and disapprooued this forcing and drinking of healthes . b ahashuerus , that great p●sian king , when as hee made his great and royall feast to all his nobles , princes , and people , of purpose for to manifest and show the riches of his glorious kingdome , and the honour of his excellent maiestie , was so farre from approuing either of forcing , or drinking healthes , after the persian manner : as hee inacted a law. that none should be compelled to drinke : appointing all the officers of his pallace , that they should doe according to euery mans pleasure . a patterne worthy to be imitated of all christian princes in their greatest feastes , & solemnities . y the lacedemonians , did vtterly condemne this dinking of healthes one to another , because it would weaken their bodies , and prouoke them to scurrilitie : wherefore they did drinke but moderately in their feastes , not inuiting any one to drinke , but when he would himselfe . it is z stor●ed of empedocles , that being inuited by one of the princes to a feast , the seruant that inuited him , conspiring with the ouerseer of the feast , commanded him to drinke , or else hee would powre the drinke vpon his head . empedocles held his peace for the present : but the next day calling them in question for it , hee put them both to death for example sake : so much did hee abhorre this forcing of healthes horrace the poet , a doth vtterly disapproue this drinking of healthes as a mad kinde of law : informing vs : that euery man ought to drinke what hee please . b it is an euill thing ( saith sophocles ) to drinke by force ; ( as men for the most part doe in pledging of healthes ) it is all one as to force a man to bee thirstie : c plini● condemnes them much , who draw on others to drinke : and vtterly dislikes those lawes of drinking which the romans obserued , to drinke vp all at a draught , to spit out none , and to leaue no snuffe behinde them : which rules are obserued in our healthes . d it is a ridiculous thing ( saith athenaeus ) for a man to pray for his wifes , or childrens health , and honour , and then to drinke healthes , till he fall to beating , and cuffing of the seruants that attend him : for this is enough to cause god to forsake , not onely his owne house , but the whole citie too : a strange speach of an heathen man , which i would wee christians would consider , for feare wee driue away god from our houses , and our countrey too , by carrouzing healthes : i plutarch doeth vtterly dislike , the making of masters of drinking in feastes , because they were too importunate , and immoderate , in pressing men to drinke , and vtterly condemnes the pressing and drinking of healthes , aduising men to refuse them . philo a learned and famous iew , recording the excessiue drunkennesse of his times : k how they had certaine matches , and combates of drinking in their feastes , beginning to drinke one to another in lesser cups , then in greater ; and at last carrousing whole bowels at a draught : brings in the heathen● philosophers disputing this question . whether it were lawfull for a wise man to enter into a combate , or match of drinking ? where hee produceth some of them , affirming that he might , so as he did it not voluntarily of his owne accord , but for some great aduantage : as for the health of his countrey ; the honour of his parents : the saftie of his children , or neerest friendes : or for some such like priuate , or publike occasion : ( which must needes bee intended of drinking healthes : ) but then hee bringeth foorth others , and his owne opinion against the former : affirming that this drinking of healthes , is such a poyson , as if it begets not death , it certainely produceth madnesse for the present , ( which is the death of the minde , and soule , ) a farre worse and greater death then the death of the body : which reason is backed in his whole booke de temulentia : where he and they conclude : that a wise man will not drinke an health , nor yet enter into a combate of drinking : so that by these authorities , it is sufficiently manifested : that euen pagans , and infidels themselues , haue vtterly condemned , and disapprooued● this drinking , and forcing of healthes . and shall wee christians then , bee so shamelessely , and desperately wicked , as to approue , maintaine , and practise that , which infidels , and pagans haue condemned ? shall we bee l worse then infidels , and heathens in these times , and dayes of light and grace , c which summon and ingage vs to temperance , and sobrietie , and to a moderate , and holy vse of all gods creatures ? o let it bee neuer recorded of vs , as it is of the israilites : d that they did worse then the heathen , that were round about them : let it bee neuer published among turkes , and infidels : that idolatrie , moralitie , and common nature , should doe more in pagans , then grace it selfe , can doe in christians : * who owe farre more to christ & god , then pagans doe . but since these infidels , and fore-quoted fathers haue vtterly condemned , this drinking and forcing of healthes : let vs christians bee afraid , to practise or approoue them : else these very pagans , shall one day rise vp in iudgement against vs , and vtterly c●ndemne vs to our eternall shame : for fost●ri●g , vsing , iustifying , and approouing , those heathenish , hellish , idolatrous , prophane , and sinfull healthes , which they haue sentenced and reiected . hauing thus ( as i suppose ) sufficiently euidenced and euinced the sinfulnesse , and vnlawfulnesse of drinking healthes , by these fore-cited arguments , and authors : i will here in the next place , answere all those ordinary and common obiections , excuses , and pretences , which men make , either in the defence and iustification , or in excuse , or extenuation of drinking , or pledging healthes . indeede , a meere naturall , or heathen man , might iustly wonder , ( but a christian , much more then they : ) that there should bee any men ( but especially such as professe themselues christians , schollers , or diuines ) of such commasculated , impudent , and brazen fore-heads , as to defend , and iustifie this heathenish , disolute , prophane , luxurious , and eb●ious practise of drinking healthes : since so many fathers , christians , and prophane authors , together with the common course and law of nature , ( which doeth secretly abhorre it ) haue so often cryed it downe . but if we consider : that e drunkennesse it selfe , together with f euery other sin , out of mens naturall pronenesse , and loue to euill , haue found some patrons to protect , and proctors for to iustifie it , in euery part and corner of the world : we neede not wonder , if healthes ( which are the vshers , passages , wayes , and inlets to drunkennesse , and most sins else ) finde champions , proctors , and abbettor , to vindicate , and make good their right , at least to extenuate , and abridge their guilt , by these ensuing arguments , pleas , pretences , and excuses , which i am now to answere . 1. obiect . some there are which are growne to such an height of impudency , and blasphemous audacitie , that they feare not to produce , or rather to traduce , that place of psal. 116. 13. ( i will take the cup of saluation , or the cup of health , and call vpon the name of the lord. ) as an expresse and punctuall text , to iustifie , and warrant healthes . 1. answ. but i wonder much , from whence these learned men did borrow this shallow and strange diuinitie . sure i am , there is neuer a father , ( and i thinke , no other moderne commentator ) that euer made such an exposition of this text. g basil , and saint chrysostome , would haue this cup of saluation , to bee nothing else , but the sacrifice of praise and thankesgiuing : heirome , augustine , theodoret , and prosper aquitanicus , in their commentaries , and enarrations on this psalme , doe take this cup of saluation , for death , or h martyrdome : or for the blood of iesus christ , coupling it with the 15. verse , precious in the sight of the lord , is the death of his saints : and expounding it by that of matth. 20. 22 , 23. chap. 26. 39. 42. ioh 18. 12. are ye● able to drinke of the cup that i shall drinke of ? yee shall indeed drinke of my cup : the cup which the father hath giuen mee shall not drinke ? father if it be possible , let this cup passe from mee : with which exposition , saint i ambrose , and k saint bernard , doe concurre . others take this cup of saluation , for the l cup in the sacrament of the lords supper , which is all one with the former : but i neuer heard of any diuine , or commentator hitherto , that did euer take this cup of saluation , for a prophane , and heathenish health . if this then be the genuine , and true exposition of this scripture , which these fathers haue giuen ; let vs see what argument or conclusion , may bee drawne from it , to prooue the lawfulnesse of this drinking healthes : surely all the argument will bee but this . a man may offer vp the sacrifice of praise and thankesgiuing to the lord : a man may take the death and passion of iesus christ , and so call vpon the name of the lord : a man may suffer martydome for christ , as christ hath done for him : he may take the cup of saluation , euen the blood of christ , and call vpon the name of the lord : therefore hee may drinke an health : a very m incongruous , and ridiculous , if not an athesticall , and blasphemous argument . indeed if infidels and pagans , who did vsually drinke the healthes of their deuill-gods , in token of praise and thankesgiuing to them , should produce this scripture to iustifie these their healthes , it might yeeld them some colour for them , if their gods were true : but for christians to peruert and abuse this sacred text , of taking the cup of saluation , and calling vpon the name of the lord , to the inuocation , or commemoration of any mans ( but especially of a vitious , or wicked persons ) name in quaffing of his health : i see not how they can bee well excused from blasphemie , and grosse idolatrie . 2. obiect . others there are of a more moderate temper , who obiect in defence of healthes . that they serue to honour kings , princes , nobles● friendes , and such whose healthes they drinke : therefore they are , and may be lawfull . 2. answer . to this i answere first : that wee are to honour none but in that way , and course which god himselfe hath limmited and prescribed to vs : but god himselfe did neuer teach vs , ( no nor any of his saints , or children ) to honour men in drinking of their healthes : therefore wee are no● for to honour them in this kinde , or nature . if this reason which is obiected could passe as currant ; the egyptians and ioseph , might iustifie n their swearing by the life of pharaoh : because they did it for his honour : yea , the parasites , and flatterers of alexander the great , might by this meanes iustifie and defend their o adoration of him for a god : because it made for his greater honour , in their esteeme . wherefore if we will honour kings , and others , wee must not doe it in drinking and quaffing off their healthes , but in that course and way which god himselfe prescribeth vnto vs ; euen in giuing them that outward reuerence , obedience , seruice , and respect , and that due , and iust applause , which their places , their worth , their vertues , and their graces doe deserue . secondly , i answere : that god neuer appointed drinking , for any other end , but to ●ourish , and cherish mens bodies , and to refresh their spirits , by a moderate , and sober vse of the creatures , and liquors that wee drinke : to the end , that wee might bee more cheerefull , quicke , and forwards in his seruice . if therefore the healthes we drinke tend to no other end , but to honour kings , and princes , and those whose healthes wee drinke , as this obiection doeth pretend : they doe but * peruert , and abuse the vse and end of drinking : and so by consequence , abuse gods creatures , which is a great and capitall sinne . as therefore , * we must not doe euill in any kinde , that so good may come of it : so we must not abuse our drinking , nor gods good creatures in our healthes : that so some vaine , and triuiall honour , may redound to others by it . thirdly , i answere : that the drinking , or pledging of mens healthes , is so farre from being an honour , benefit , or aduantage to them , as vaine , and ebrious persons doe surmise ; that it is the a greatest indignitie , and dishonour , the greatest hurt , and preiudice , that can befall them ; because it makes them the patrons , occasions , and pretences , of other mens drunkennesse and excesse : and so oft times inuolues them not onely in the guilt , but likewise in the temporall , and eternall punishment of their sinnes . to expostulate , and argue this a little farther . can it so much as euer enter into any christians thought , that the drinking , or pledging of any mans health , should bee a grace , or honour to him ? can it bee any honour to a christian king , or prince or potentate , or any other person whatsoeuer , to be honoured with gods , dishonour ? to bee honoured with excessiue roundes , and drunken healthes , wherein gods creatures are abused , his commandements violated , his name disgraced , his image defaced , and the soules of men ( his best and chiefest creatures ) euen oft times drowned and infatuated , and without his infinite grace , and mercy , b for euer damned , through excesse ? it is for the praise and honour of any christians , ( especially of such as represent the person , and place of god on earth ) to be honoured with the very * sacrifice and drinke-offering of the deuill himselfe , the author , and owner of these hell●sh healthes ? to see whole troupes of men c lye groueling in the ground , and reeling vp and downe in euery corner , to vomit vp their shame , or falling dead drunke vndertheir tables , like so many swine , not able for to speake , nor any wayes to helpe themselues : whiles they striue to gratifie , please , and honour them , in carrouzing off their healthes , by d rule and measure , euen beyond rule and measure , to gods , dishonour , and their owne eternall ruine ? can this bee any credit , grace , or honour , to bee honoured with the drunkennesse , the excesse , the sinne , and shame , of others ? to be honoured , and delighted with gods great dishonour , and with the e damnation , and ruine both of the soules , and bodies , of our dearest friendes , and kinred ? of our children , seruants , associates , inferi●urs , subiectes , equals , or superiours , who honour and respect vs most ? which are oft times ruined , and alwayes hazzarded , by these excessiue , ebrious , heathenish , and superfluous healthes ? doubtlesse , if there bee any dishonour in the world that can befall men , without all question this is it , to bee thus honoured with gods dishonour , and the losse and ruine of other mens soules , which healthes , oft times distroy . but admit , that this were no dishonour vnto men ( from the very thoughts of which , god keepe all christians . ) yet questionlesse , there f cannot be a greater staeine , blemish , nor ecclipse , vnto the honour , dignitie , worth , and credit , of any christian prince , or potentate : of any christian maiestrate , noble-man , lord , generall , captaine , prelate , maister , superiour , or the like : then for euery infamous , beastly , drunken , swinish sot ; euery deboist , riotous , prophane , and dissolute rorer , ruffin , gul-gallant , or pot-companion ; euery base and rascall tapster , pedler , tinker , cobler , hostler , seruing-man , mechanicke , clowne , or foot-boy , to thrust their names , their healthes , and dignities , into their pots , and cans , and to tosse them off in euery cup ; as ordinary , prophane , and sordid things ? what christians , or wisemen are there in the world , that stand vpon his honour , but would thinke themselues much dishonoured , and defamed , to be honoured of g such impudent , such base , such beastly , swinish , and drunken sots as these ? to haue their dignities , healthes , and names thus banded , and tossed vp and downe in euery cup , and can , at euery ale-bench , at euery riotous meeting , or conuenticle of good-fellowship ? what man of place , or credit , would not scorne and disdaine , to bee made the complement , the ceremonie , the by-word , the song , the cup-seruice , or pot-discourse of euery infamous , and beastly drunkard : or the ornament , crowne , or garland , of euery cup , and h large carrouse ? what christians would not disdaine and scorne this , as the very foulest blemish , and dishonour , that might , or could be befall them , to haue their healthes , their names , their place , and persons made , a common prologue , or preludium , an ordinary baud , or pander , a vsuall inlet , way , or passage vnto drunkennesse and excesse ? a common shooe-horne , baite , or engine to force , or draw men on to drinke beyond all measure ? and a dayly patronage , plea , or sanctuary , to iustifie , and beare out : or else , a frequent and iniust apologie , or excuse , to extenuate , salue , or mitigate , the intemperance , drunkennesse , excesse , and sinne , of infamous , base , and swinish men : who thinke they may lawfully and saffely drinke till their braines , their wits , their tongues , their eyes , their feete , their sences , and all their members faile them , so long as they doe but drinke their kings , their queenes , their lords , their ladies , their maisters , their mistresse , their friendes , their maiestrates , their captaines , or commanders healthes : as if their very persons , names , and place , were a sufficient dispensation , protection , plea , or patronage , to iustifie and beare out ( at least to mitigate and excuse ) their drunkennesse , and excesse , both against god and man ? can there be any honour , or credit vnto any , to bee thus honoured of euery base , infamous , and beastly drunkard , of euery pot-companion , i tun , or hogs head ? to be the dayly phrase , complement , theame , or rhetoricke of euery ebrious , and luxurious sot ? the vsuall ceremonie , crowne or motto of euery bowle and cup , ? the subiect , foote , or prologue of euery drunken round ? or the occasion , cause , and patronage of drunkennesse , and excesse ? this is the sole , and onely honour and credit that men gaine vnto themselues , or receiue from others in hauing their healths , carro●zed & drunke off : and should not this honour be , nay , is it not , their greatest infamie , disgrace , and shame ? vndoubtedly it is . as the honour is exceeding small , nay , none at all ; but the dishonour very great , that comes to such , whose healthes are frequent in the mouthes and cups of others ; so likewise is the profit and aduantage small , and the losse and danger great , that redoundes vnto them by these healthes . not to mention the excessiue k thankelesse , and prodigall expense of men oft times , in prouiding wine and liquor for others , of purpose for to drinke their healthes : which though it bee but a temporall disaduantage , in respect of charge : yet it will light heauy on mens soules at last , in regard of that prodigalitie , and excesse which did attend it , how euer men slight and disrespect it now . i will onely touch vpon that great and fearefull danger , which lights vpon the soules of all such men , whose healthes are rife and frequent , either in their owne , or other mens cups , and houses● there is no man whose health is drunke by others with his consent , his priuitie , his approbation , or command ( which is the case of many● ) but is l vndoubtedly made a sharer and partaker of the excesse , the sinne , and drunkennesse , and of all the dishonour that redoundes to god , by meanes of this drinking , or pledging of his health : all the euill that is occasioned , and wrought in others by it , will bee laid vpon his soule , and score at last : for if m hee who bids but an heretique god speed , be made a partaker of his euill deedes : or if n saul , by permitting the people to saue agag , and the best things , was deepely ingaged in that crime of theirs : or if o he that puteth his bottle to his neighbours mouth , or giueth him drinke to make him drunke , bee made a partaker and sharer , both of the guilt , and punishment of this his sinne : then certainely , p must hee become a sharer and partaker both of the guilt , and punishment of all the drunkennesse and excesse , that is occasioned in others , by drinking his health : who either wilfully makes , or willingly admits his name , his person , or his health , to be an occasion , cause , or patronage of drunkennesse and excesse in others , who drinke , or pledge his health . alas , how many are there , who dayly , weekely , monethly , or yeerely , drinke themselues drunke , in drinking and carrouzing downe the healthes of kings and great ones , q proclaiming , and sounding out this sin of theirs in a more peremtorie , and audacious manner , then euer sodom did , euen with shoutings , trumpets , drumes , or r cornets , that so all the world might take notice of it , and that it might crie more loud , and strongly in the eares of god , for wrath and vengeance ? o the audacious , impudent , horrible , and fearefull drunkennesse , that is continually caused by these healths , in euery place and corner , ( especially , in the solemne , and sacred time of christs natiuitie : who came of purpose to reclaime , and call vs from these excessiue healthes , to temperance and sobrietie : ) what great one is there , who is able to stand vnder the weight and burthen of that excesse , that sinne and drunkennesse , which is procured , and caused by this carrouzing● and drinking of his health , from time to time ? doubtlesse , if he consent vnto these healthes , or giue any conniuance , or tolleration to them , he is inuolued in all the sinne , that is occasioned , or wrought in any by them : and so his case is miserable , and his danger great : wherefore let kings , and queenes , and great ones , and all such persons , whose healthes are now so dense and rife among vs : consider , what a base and infamous thing it is , and what a disparagement , and blemish to their honour : to haue their names , their healthes , and persons , made the very deuills sacrifice , and drinke-offering , the phrase and language , the complement , and salute of euery swinish drunkard : the chiefe ingredient of euery can and cup : the subiect and discourse , the ornament , and theame of euery drunken meeting : the occasion and meanes of drunkennesse and excesse : the patronage and protection of all intemperance , and deboistnesse : and the ruine , and damnation , of many a christian soule : and withall , let them meditate and ponder in their hearts , what great dishonour , these healthes of theirs doe bring in to god : how they abuse his creatures , deface his image , and violate his lawes : and what infinite and apparant danger they bring , and pull downe one their owne poore soules , if they giue any voluntary approbation , countenance , or conniuance to them , in intressing , and ingageing them , both in the ghilt , and punishment of all the sinnes that are occasioned , or produced by them , in all such persons who haue a hand , a part , or share in drinking them . and let this cause them in the name , and feare of god , euen as they tender their owne honour , and reputation with god and man , and the saluation , and welfare of their owne soules , ( which are indangered by these healthes ) to abandon all these healthes for euer from their own lips , and cups : and to exile , and banish them from their owne butteries , sellars , houses , courtes , and tables , ( which are oft times made the very nurseries , sanctuaries , shops , and sinkes , of healthes and drunkennesse , of vomit and excesse , especially , in the christmas season ; wherein some men thinke it a disparagement , and dishonour to them , their guesse should returne temperate , and sober from their houses : accounting it their a glory to send them away wounded , and dead-drunke from their tables , like so many b swine , or carcases of men , that were ready for the graue : ( a barbarous , gracelesse , and vnchristian practise , ) as if they tooke delight in mooning , and dishonouring god , and in damming their owne , and others soules , ) and carefully to abolish , and suppresse them in euery part , and corner of the world , to the vtmost of their power , for feare they inuolue them in the sinnes of others , and so prooue the ruine of their soules at last . and let this likewise informe , and teach all such , who thinke they honour and doe good to kings , and others , by drinking , and taking of their healthes , ( imagening , that it is a breach of alleagance , homage , fealty , seruice , dutie , and respect vnto them , for any to refuse their healthes : ) to reforme their iudgements , and practise for the future , and to abandon , and renounce their healthes : because they cannot more defame , dishonour , nor deface them in their names and credits , nor c more preiudice , hurt , or worng them in their soules , then by carrouzing , and quaffing off healthes vnto them ; in as much as they make their names , their dignities , and persons , a very bacchus , or deuill-god ; or an occasion , stallion , ground , or patronage of all licentiousnesse and drunkennesse , prostituting them as so many baudes , and pandars , to their owne swinish , and excessiue lusts : and vsing them as so many rams , and warlike engines , to force , assaile , and batter downe the consciences , and temperance , of graue , of sober , and religious men , ( who are oft times drawne and forced to excesse , by the imperious and commanding healthes of great ones , against their wills , and consciences , to the scandall of religion , the incouragement of drunkards , and gods great dishonour ; whereas no other pollicy , or wile , could mooue or force them to excesse : ) and by wrapping them in the guilt , and punishment , both of their owne , and others sinnes , whiles they intend their honour , good , and welfare . alas , how can any officious healther , d who hath learned by his ceremonious quaffing , to make of himselfe a beast , whiles hee makes a god of others : ) so much as euer thinke , that god should blesse , and honour those whose healthes hee drinkes ? yea how can he but conclude that god will certainely disgrace , and curse them for his sake , since hee dishonours god , and wrongs his soule , for their sakes ? god hath promised e to honour none , but those who honour him ; and to blesse and prosper none , but such as loue , obey , and feare him , and turne from all their sinnes : and can god then honour , blesse , and prosper those for drunkards sakes , the very eccho , of whose drunken and excessiue healthes doe dayly f crie for wrath and vengeance on them in the eares of god ? alas , what euer deboist and gracelesse men may thinke , yet certainely , if we will weigh things with the ballance of the sanctuary : there is not a man whose health is frequently drunke among vs , with the intemperance and excesse of others , us most healthes are ; but may g iustly feare , that god will raine downe showers of sickenesses , crosses , iudgements , and diseases on him , to his temporall , and eternall ruine , for these very healthes of his , which doe so much dishonour and prouoke the lord , and hurt the soules of many others : yea , there is neuer a one that drinkes his kings , his queens , his lords , his maisters , his friends , his captaines health , or the health of any other to his owne distemper , and excesse : but hath cause to feare , that god will h curse and plague them for this sinne of his , which was occasioned , and committed for their sakes . wherefore , let vs no longer deceiue our selues , with this false and vaine surmise : that our healthes doe honour , or doe good to others : you see by all these premises that it is nothing so : this then should cause all sorts of men ( especially those of best and greatest note , whose examples draw on others to healthes and drunkennesse ) to abandon , and cast off healthes for euer , with speed and resolution . 3. obiect . the third and best obiection , and pretence for the lawfulnesse of drinking healthes , is this : that the drinking of an health , is no more then the ordinary remembrance , of , or the drinking to an absent friend : now it is vsuall and lawfull , to drinke to an absent friend : and therefore by the selfe same reason , to drinke an health . 3. answ. to this i answere , that the maior is false : for there is a vast and large difference , betweene the drinking of an health , and the ordinary manner of our drinking to some absent friend . first , they differ in this : that men in their ordinary drinking , remember none for the most part but their friendes and equalls , to whom they haue some ingagements , and that onely to put themselues in minde of them , and to expresse their loues vnto them : but in drinking healthes , men commonly remember their superiours , or at least their friendes and equalls , with an intent to grace them , or to doe some good vnto them : as if the drinking of their healthes i did them some reall good : as if it did procure , or preserue his health : the former of which is commendable , but the latter not . secondly , they differ in this : that when as men remember their absent friendes in drinking to them , they doe it onely out of courtesie : but they drinke and pledge mens healthes in nature of a duetie , as if they were ingaged for to doe it , and and could not well omit it . thirdly , they vary in this : those who drinke to their absent friendes , doe seldome , or neuer make the remembrance of these friendes , a ground or cause , but onely a consequent , or concomitant of their drinking : they drinke not because they would remember their friendes , but because they are thirstie , making their thirst , not their friendes , the occasion of their drinking : but in drinking , or pledging of healthes ; men make not their healthes a consequent , or concomitant of their thirst , but their thirst , and drinking a consequent , or adiunct of their healthes : k they neither begin nor pledge these healthes , because they are thirstie , but they onely force and faine themselues to bee thirsty , because they would begin and pledge these healthes : their thirst is not the ground or cause of their healthes , but their healthes of their thirst : the remembrance therefore of friendes is lawfull , but this healthing is not , because it doeth euen force a voluntary , and wilfull thirst vpon men , and so an excesse , and abuse of gods good creatures , which cannot but be euill . fourthly , those who drinke to absent friendes , or kinred , as they alwayes drinke onely to one , and not to all the company , so they put no law nor necessitie of pledging on those to whom they drinke , but they alwayes leaue them at their liberty to pledge them , when , and what , and how they will themselues . but those who begin and health , doe put a l kinde of law , necessitie and force of pledging ; not onely on those to whom they drinke , but likewise on all the company there present , and they doe in a manner ingage , confine , and limit them to pledge them , in the same matter , manner , forme and time as they begin it ; measuring other mens pallates , bellies , thirst , and dispositions by their owne , and forcing them to drinke oft times against their wills and stomackes , when as they are not thirstie : therefore , this drinking of healthes must needes bee euill , though the other bee not so . fiftly , in our ordinary drinking to absent friendes , there are no such idle vaine , scrupulous , and superstitious ceremonies , rites , or rules obserued as there are in healthes : wherein our most serious and sacred gestures are abused so ; and in our drinking , which is naturall , is made but artificiall : our healthes therefore are vnlawfull , though our ordinary drinking to our friendes , bee not vnlawfull . sixtly , and lastly , our m ordinary drinking to absent , or present friendes , is seldome , or neuer an occasion of drunkennesse , or excesse , where it is lawfully vsed : it neuer breedes any duells , quarrells , murthers , stabbes , murmurings , raylings , debates , or discontents , or any such dangerous , or bitter fruites , as the drinking of healthes doeth : because it neuer ingageth men to pledge the parties so remembred : besides it giues no scandall , nor offence to any : it confirmes none in their drunkennesse , or in the excesse of healthing : it brings no slanders , no censures , nor reproaches vpon any , as healthes , for the most part doe : yea it had not its rise and pedegree from deuills , pagans , and idolatrie , as health-drinking had : wherefore though our ordinary and common ( not our excessiue , or irregular ) drinking to absent friendes be lawfull and commendable , yet the drinking or pledging of healthes , which differs so farre from it in all these respects , cannot be so . from these iustifications , and apologies which men make in defence of healthes , i will now descend to those extenuations , and excuses that are pleaded for them , which are incident to two sorts of men : 1. to such as begin healthes . 2. to such as pledge them . those who begin these healthes , haue there excuses , or causions : 1. that they intend no harme , nor euill in beginning healthes . 2. that their healthes are but very small . 3. that they force none for to pledge them . for the first of these : that they intend no harme , nor euill in beginning healthes . i answere first , that they can intend no good at all : for what good can men intend to god , themselues , or others in beginning healthes ? verely , none that i can dreame of . if then they intend no good at all : they must needes intend either nothing at all , or some thing that is euill : because n in morrall actions there is no medium : if they intend nothing at all ; then as their healthing is vnreasonable and vnnaturall , so it must needes bee euill , because it is vaine and idle , and hath no end at all ; and because for euery idle action that men shall doe , they shall giue an account at the day of iudgement , as o well as for euery idle word , which they shall speake : if they intend any thing that is euill , ( as men for the most part doe , because they begin their healthes to draw on others to drunkennesse and excesse , or to carnall mirth and iollitie ) then their intent must needes be euill : and so the excuse is false , and idle . secondly , i answere : that what euer they pretend to colour this their healthing , yet their intent is euill : for as there is no necessary , no lawfull , nor commendable occasion , end , or motiue , to prouoke , or stirre them vp to begin an health , so their intent and end in beginning it , must needes be euill : for it is certaine , that euery one p who begins an health , doeth intend to ingage all others that are present , to drinke and pledge it in the very selfe-same liquor , quantitie , and ceremonie , and to the selfe-same persons as hee himselfe began it : bee they thirstie , or not thirstie , willing , or vnwilling , able , or vnable , for to plodge it : this is euery mans end that begins an health , and therefore hee expects , and lookes precisely that euery man should pledge it . now this intent to draw on others to drinke in method , order , course , and ceremonie , in art and measure , be they willing , or vnwilling , able , or vnable , thirstie , or not thirstie , must needes bee euill : because it is an allurement , and prouocation to excesse : therefore the intent of those who begin these healthes , must needes bee euill . lastly , i answere : that most men who are giuen to begin these healthes , doe purposely begin them to draw on others to drunkennesse and excesse , and to ingurgitate , and quaffe downe more then else they would , or should doe : they vse these healthes , but as so many q baites , occasions , and pretences , to allure , and prouoke their guesse , their friendes , and consorts , to the very act and sinne of drunkennesse , and to no other purpose : this their owne hearts , and consciences , can testifie vnto them in the sight of god : therefore their intents must needes bee sinfull , what euer they pretend : and so this euasion will not helpe them , especially , when as they are to pleade with god himselfe , who knowes their hearts and thoughts , farre better then themselues . to the second excuse : that the healthes which they begin , are very small : i answere first : that the smalnesse of the cup , or glasse , is commonly made vp with the strength and vigor of the wine , or liquor : so that these small healthes , will sooner intoxicate , and inebriate men , then greater healthes , in cheaper , or smaller liquor : the lesse the healthes are , the more strong the wine : and therefore the worser . secondly , where the healthes are small and little , in quantitie , and measure , they are commonly , the r more in number : the lesse the healthes , the more dense and frequent are they : so that the littlenesse of the healthes , is made vp and recompenced with the multitude , and number of them , ( one small and little health beginning , and alwayes drawing on another : ) so that if all these little healthes were put together , they would seeme exceeding great . thirdly , though the healthes that are begun at first are small , yet they s alwayes draw on great ones at the last : little healthes , as well as greater wedges , make way for great ones : this the t fathers , and experience testifie : therefore , the littlenesse of them is no excuse . fourthly , the drinking and beginning of small healthes , doeth either draw on others to begin u greater or else confirme them in the vse of greater : he that beholds a good , or great man drinking a small , or little health , will presently conclude , that he may drinke a great one : so that the example and president of drinking small healthes , is as pernicious , and hurtfull , as the beginning , or drinking of greater healthes . fif●ly , the healthes that most men doe begin ( as experience can testifie ) are oft times very great : if their first healthes are not so , yet their last healthes are , which make amends , and recompence for all the rest . sixtly , admit , that the healthes which you begin were small and few , yet since you haue no occasion , no necessary , or lawfull cause at all , to mooue you to them : since they are scandalous , offensiue , and misbeseeming christians , and confirme others in their excessiue healths ; were it not farre better , and lesse offensiue , to begin no healthes at all , then to begin or pledge these small ones ? there is , there can be , no hurt nor inconuenience at all , in abstaining from the smallest healthes : there may bee , nay , there is much hurt in vsing them , both in respect of others , and such as doe begin them : better therefore is it to abandon all these healthes , then to admit , approoue , or vse the smallest of them . lastly , if healthes be sinfull and vnlawfull , it matters not whether the healthes wee doe begin , bee great , or small : both of them are sinfull , odious , and damnable , in the sight of god , and will plunge the soules of those who vse them , deepe in hell , with out redemption , vnlesse they shun them , and repent them of them . wherefore the exiguitie , or smalnesse of these healthes , is no excuse , it is no apologie , no plea at all in the court of heauen , or at the barre of gods tribunall , ( to which all healthers shall bee summoned ere be long : ) the least healthes , if they are sinfull , damne mens soules , as well as the greatest : therefore , wee must auoid them both alike . to the third excuse : that they force none for to pledge them : i answere first , that the very beginning of an health , is a kinde of inforcement , and ingagement vnto others for to pledge it : and most men take it to be so ; because long custome , and the pra●itie , and wickednesse of men , hath made it a kinde of affront , indignitie , discourtesie , and wrong , both to him that beginnes the health , to those that second it , and to the person that is remembred in it , to refuse , or passe it by , and not to pledge it : as saint ambrose , heirome , augustine , baro , iohn fredericke , and guagninus , testifie in their fore-quoted testimonies , and as our owne experience cannot but witnesse . secondly , though some are so wise , discreete , and ciuill , as not to force men for to drinke , or to pledge them against their wills , yet x many , nay , most that vse these healthes will doe it . hence , was that common speach among the graeciau drunkardes : y ant bibat , aut abeat : let him drinke , or else be packing : hence , is that complement , or challeng rather , among the healthers , in the z dukedome of massouia : aut mihi praebibe , aut mecum armis decertato : either drinke to me , or fight with mee : which is the cause of many duells . hence , grow those many a murthers , stabbes , b woundes , quarrells , fightings , contentions , and debates , which we vsually heare of , both at home and abroad ; euen from this forcing of healthes : hence it is , that many among vs ( especially , our seruing-men , our roring-boyes , and those of the ruder , and baser sort ) are more hote , more zealous , more stout , and resolute in the defence , the quarrell , and maintenance of an health , then in the defence , the cause and quarrell of their countrey , or of the chiefest article of their creede : hence it is , that they are more mooued , and affected , that they are more impatient , and angry with men for refusing , or crossing them in their healthes , then for hindring them in gods seruice , or thwarting them in their greatest good ; as the c powring of wine into the refusers mouth , or the throwing of it into his face , or their d dashing of the cup against his head , doe sufficiently testifie : yea , i may boldly say , that most of our cōmon health-drinkers , would hate men more for refusing , and renouncing of their healthes , then for abiuring of their faith , their god , or their religion : yea , they would rather aduenture their blood in the field , vpon the refusall of an health , then for the mainest article , or ground of faith : most healthers therefore , cannot truely say , they force no healthes , because their very practise prooues the contrary . thirdly , though some are so ingenuous , as not to offer any open force or violence to any , to force them for to pledge their healthes ; yet they will intreate , and perswade them by all the art , and rhetoricke that they can vse , to pledge and second them in their healthes ; and if they still refuse them , they are alwayes apt to thinke the worser of them , to censure them secretly in their thoughts , and to beare them a secret spleene , and grudge within their hearts , if not , to slander , and reuile them with their tongues . now these intreaties , and perswasions ( especially of e kings , of nobles , of prelates , maiestrates , or superiors ; of friends , of kinred , of those who are the maisters of the feast , of such who can doe vs good , or hurt in our estates , or of such whose loue and good esteeme we are loath to lose ) are as so many iniunctions , enforcements , and commands : wherefore this obiection is but false . lastly , if you intend to force none for to drinke , or pledge you , why then doe you begin these healthes ? why doe you not wholy exterminate , and banish them from their tables , since they carry a kinde of force , command and threatning with them ? if then you will force none for to drinke against their wills , then banish and disclaime these healthes , to which long custome , and the common vsage , haue added a kind of compulsorie necessitie , and binding law to pledge them , else you cannot but bee guiltie in the sight of god , of forcing , and inuiting men to drinke against their wills . these former pretences , and excuses of those who begin these healthes to others , being thus cleared and answered : i come now to answere those pretences , extenuations , and excuses , which men alleage for pledging healthes ; which are farre more tollerable , then those for drinking , and beginning healths : because there are some colourable pretences , and ingagements for to pledge an health , that is once begun , though there be no colour , nor ground at all to begin an health . the first excuse , and pretence for pledging healthes , is this : that it is an ordinary , and common a custome , for to pledge an health : and there are few who doe refuse it : therefore , since most men , ( nay , great men , and learned men ) drinke , and pledge these healthes , we may lawfully , and safely doe it , as well as they . to this i answere ; first , that christians must liue by precepts , not by examples : they must not so much regard what others doe , as what themselues are commanded , and inioyned for to doe : the b word of god must be their rule , and square , not the liues , and actio●s of other men ; who c walke for the most part , contrary to gods words in all things : if then , thou hast no ground , nor warrant in the scriptures for to pledge these healthes ; but rather to abhorre them , as the vanities , and customes of the world ; and as the rites , and ceremonies of insidels , and pagans , which beseeme not christians ; thou d art not for to pledge them , though all the world besides should doe it . secondly , i answere ; that wee must not alwayes looke what the worst , and most of men doe vsually practise ; e but what christ himselfe by his owne example , hath taught vs for to doe : now christ himselfe , did neuer teach vs either by his precept , or his practise , ( nor yet by any of his prophets , or apostles , nor any of his saints in former times ) to drinke , or pledge these healthes : therefore , we must not pledge , nor drinke them , vnlesse , wee will digresse , and stray from christ , who is our patterne , and our guide . thirdly , wee must f not follow a multitude , to doe euill : wee must not runne with the most , and worst , g who alwayes trace the broad , and ready way to hell : but we , must alwayes obserue what the best , and holiest , of gods saints , and children doe : imitating , and following them , as farre as they doe imitate , and follow christ : now , though the most , the worst , and greatest part of men , h whose multitude , can yeeld no patronage to any euill , ) approoue , and pledge these healthes ; yet the best , and holiest of gods saints , doe vtterly refuse , and reiect them , vnlesse it bee , when as they are ouercome , of too much pusillanimitie , and slauish feare : therefore , we must imitate and follow them , though they are the smaller number , and not the most , and worst . fourthly , we must not so much consider , nor examine what mens wayes , and actions , as what their iudgements , and the testimonies of their consciences are ; because mens actions , doe oft times vary from their iudgements , and consciences ; witnesse , the ordinary practise , and liues of many , who liue in grosse , and knowne sinnes , against their iudgements , and their consciences . now most of those who drinke , or pledge these healthes ( especially , such who haue any grace , or ciuility in them ) doe secretly condemne them in their iudgements : their hearts , and consciences , doe secretly distaste them , and they doe euen condemne , and iudge themselues , when as they drinke , or pledge them : wherefore , wee should here abondon , and disclaime the very drinking , and pledging of these healths , because the iudgements , and consciences of those that pledge them , doe oft times checke them , and condemne them for it . lastly , i would demand , but this question of those who make this plea : whether they are perswaded in their heartes , their soules , and consciences , that those who drinke , and pledge these healthes , doe well , or no ? if their owne heartes , vpon good deliberation , examination , and aduise , shall testifie , that they doe but honestly and christianly in it , when as not onely the fathers , and saints in former ages , but euen the very pagans , did condemne them : they may haue then some ground and colour for to imitate them : but if their owne hearts , and soules , shall secretly vpon full deliberation condemne , and taxe them for it , as i make no question but they will doe : then let them neuer imitate that , which their owne hearts , and consciences doe condemne in others : for feare lest i they condemne themselues in the things which they allow . the second excuse and pretence for pledging healthes , is this . that it is an vnciuill , vnmannerly , discourteous , and iniurious part , both to the author , and owner of the health , not to pledge it : therefore i know not how i may well refuse it . to this i answere first ; that if there be any discourtesie , or vnmannerlinesse in refusing of an health , it lies on his part , that would allure , or force thee to it , against thy stomake , or thy conscience , and not on thine who doest refuse it . it is an iniurious , and discon●teous part , to perswade , or force another , to any vnteasonable , sinfull , hurtfull , or vnlawfull thing : but it is k no discourteous , nor vnkinde part , to giue the deniall , or refusall in this case : for else a man might be forced , and drawne to the very foulest sinnes , and greatest inconueniences , to auoide discourtesies . now healthes as i haue prooued , are vnreasonable , hurtfull , sinfull , and vnlawfull things , which oft times goe against mens natures , iudgements , hearts , and consciences , which doe secretly abhorre , and vtterly condemne them . wherefore it is l no vnciuill , vnmannerly , discourteous , nor iniurious part , for to withstand them , in a discreet , and modest manner : as calisthenes the philosopher did : m who being demanded of alexander the great , why hee would not pledge him : returned him this answere : i doe not desire o alexander , to stand in need of aesculapius by my drinking : or as a young christian studient did : * who being intreated by a certaine prince to drinke more liberally , then hee ought to doe ; gaue him this answere : i craue pardon in this most gracious prince : i differ but little from a beast already● and will your grace inforce me to become a beast indeed ? to giue such a modest , cleanely , and discreete deniall as this ; or to answer so , as a graue , and worthy states-man of our kingdome did : n that be would pray for the kings health , but drinke for his owne : is no vnciuill , barbarous vnmannerly , nor discourtious part : yea , it is a beastly , and vnnaturall part , not to doe it : since o horses , oxen , and brutish creatures haue so much reason and good manners in them , as to refuse to drinke more then they need . secondly , admit , that ca●nall , ignorant , and gracelesse men should deeme it an vnciuill , rude , discourteous , and iniurious part , to withstand and health , as commonly they doe : yet is it not better for thee , to be vnmannerly , p discourteous , and iniurious towards men , then vnto god himselfe ? certainely , it is no vnmannerly , humerous , precise , discourteous , nor vnseemely part , q to obey and please god , rather then men . if thou carrouze , or pledge these healthes , thou maist chance to honour , please , and gratifie men , but thou shalt be * sure to offend , dishonour , and displease the lord : better therefore is it , to be vnmannerly , and iniurious towards men , then towards god himselfe . thirdly , it is farre better for thee to incurre the ignorant , rash , scandalous , false and iniudicious censure of others , in refusing healthes , then to encourage animate , or confirme them in the abuse , and practise of these healthes , through thine ill example : thy refusall of healthes , vpon good grounds and reasons , may be a meanes to worke some good on others , and to reclaime them from this idolatrous , heathenish , and sinfull practise ; which will bee the greatest courtesie , and kindnesse , that thou canst doe vnto their soules : whereas thy ill example in pledging them , will prooue a great discourtesie , wrong , and dammage to them , in hardning , and heartning them in this abominable , and sinfull ceremonie : wherefore it is no discourteous , vnciuill , nor iniurious part , to refuse these healthes , as this carnall , vaine , and false deceit , obiection , and delusion doeth pretend . lastly it is no breach of allegeance , no point of discourtesie , or disrespect to any , for to refuse their healthes : because there is no law of god , of man , or nature , that inioynes them . god , and christian amitie , command vs onely r to pray for , it is the s deuill onely , and his ministers , that prescribes vs , for to drinke the healthes of men : which oft times damne their soules . it is therefore , the greatest courtesie , that we can doe to any , to refuse their healthes , because the pledging of them with their assent , or approbation , doeth surely hurt , if not condemne their soules . the third obiection , and excuse for pledging healthes , is this : i was commanded , forced , and intreated , by some friend , or great one , for to pledge these healthes ; and i had incurred much wrong , and violence , much hatred and t displeasure , had i but once withstood them . to this , i answere first ; that there is no good , no gracious , nor holy man , in all the world , that dares to force thee for to pledge him : and as for wicked , and vngodly men : if thou wouldest but with modestie , wisedome , courage , and discretion , stand it out , they would not be so hardy , as to force thee for to pledge them , what words so euer they giue out ; because the image of god , and practicall powre of grace , which shines foorth in thee , being backed , and seconded by god himselfe , would euen terrifie , and u daunt their hearts . wherefore , to say that these would force thee for to pledge them , before thou hast put it to the triall , is but a vaine excuse , and meere pretence , to shroud thy cowardize , or excesse in drinking ; which will not auaile thee in the day of iudgement . secondly , admit , thou were put to this extremitie , that thou must drinke excessiuely against thy stomake , or thy conscience , or else , thou must die for it . i answere with saint augustine , in the selfe same case : a that it were farre better for thee , that thy temperate flesh should be slaine , then that thy soule should die of drunkennesse : better were it for thee , b since the necessitie of saluation , is the greatest necessitie of all others : to die of the menacing , and iniurious sword , which can but kill the body : then of this mortall , and soule-slaying sinne , which kills both soule , and body too , without repentance , and that for euer . thirdly , though thou hast men to menace thee for refusing healthes , yet thou hast god himselfe to stand by thee , and incourage thee ; if thou doe it out of loue , obedience , and conscience vnto god ; hee will protect , and shelter thee from all the euill , and danger , that can befall thee , for his sake , or turne it to thy greater good , and glory : c better therefore is it for thee , to depend on god , in fearing , pleasing , and obeying him : then to distrust , offend , or disobey him , for feare , or loue of men . if thou incurre the displeasure , or wrath of men in refusing healthes , yet thou shalt win the grace , the loue , the fauour , and the praise of god , which are farre better . fourthly , if this excuse would serue the turne , then a man might runne into any sinne , vnder pretence , and colour , that hee was forced to it , which would wholly euacuate , and make void the law of god , and man : this therefore , we must know , that we must rather d part with our liues , then commit the least offence , or sinne against the lord , for to preserue them : else wee are none of christs disciples : wherefore , we cannot plead necessitie , or compulsion , in excuse of any sinne , because e christians haue but this one necessitie put vpon them ; not to sinne . lastly , admit , that thou art perswaded to drinke , and pledge these healthes , by those to whom thou hast most ingagements , yet this is no excuse , nor colour for thee in the sight of god , because f christians must not bee men pleasers : they must not liue to the lusts , and wills of men , but to the will of god : g eue was perswaded by the serpent , to eate of the forbidden fruit , and adam by eue ; yet that would not iustifie them in the court of heauen . h solomon was drawne away after strange gods , by the allurements , and perswasions of his idolatrous , and out●landish wiues : yet this would not excuse him to the lord. perswasions , and intreaties of our dearest friends ( who oft times , doe but act the i deuills part in carnall councells , and aduice , when as we vainely thinke , they act their owne , ) will neuer mitigate , k nor salue our sinnes , nor yet the pledging of these healths , when as we shall come to answer for them before the iudgement seate of iesus christ , ( as we shall bee sure to doe , ere long : ) wherefore , let neither threatnings , nor intreaties , hencefoorth mooue thee , to pledge , or second healths , because they cannot iustifie , excuse , nor beare thee out in the day of iudgement . the last pretence , or colourable excuse , or allegation , which men produce , or make for pledging healthes , is this . that it is but a slight , and triuiall matter , for to pledge an health : it is but a kinde of precisenesse , and it sauours of a puritanical● & factious humour to refuse it : whence , those who make a conscience , and scruple of it , are commonly derided , scorned , censured , and condemned , as humorous , precise , and factious persons : as men more scrupilous , then wise . wherefore , to auoid all inconueniences of this nature : it is the best , the wisest , and the safest course , to make no bones of pledging healthes . to this , i answere ; that i haue already manifested this drinking and pledging of healthes , to bee a sinfull , and vnlawfull thing , by conuincing arguments , reasons , and authorities : if any man can solue these reasons , and answere these authorities● so far as to perswade , and fully satisfie his owne heart , and conscience in the sight of god : that healthes are lawfull in themselues , and that hee may safely vse them : then let him drinke , and pledge them at his pleasure , i will not once restraine him . but if his conscience , heart , and iudgement , vpon due deliberation , and aduice , shall once perswade him , or informe him ; that healthes are sinfull , and vnlawfull , either in their vse , or in themselues : i answere then , that though the drinking , or pledging of healthes , doeth seeme but l a small , a slight , or triuiall thing , to luxurious , riotous , and licentious persons ; yet it is of infinite , and weighty consequence , because it is a sinne ; and so drawes eternall death , and condemnation after it . indeed , this is the reason , why heathenish , prophane , lasciuious , and time , nay , purse● consuming stage-playes ; ( condemned , and sentenced , by some two and thirtie seuerall synodes , and councells ; by some two and thirtie fathers ; by some fourtie christian authors , and moderne diuines ; by some foure heathen states : three christian , and sixe heathen emperours ; and by some two and twentie of the grauest . best , and wisest , heathen philosophers , poets , and christians ; as the inuentions , and workes of satan , as the m pompes , and vanities of this wicked world , which christians haue renounced in their baptisme : as the semminaries , ministers , fewell , and fomenters , of all sinne , and wickednesse , ( especially , of fornication , whoredome , and vncleanesse : ) as the very poyson , and corruption of mens soules , and manners ; and as pernicious , and vnsufferable euills , in any christian , or wel ordered common wealth : ) why effeminate , mo●strous , strange , and met●tricious habits and attires : why mixt lasciuious , and effeminate dauncing : ( i say not modest , chast , and sober measures : ) why curled , broidered , false , & supposititious haire : why immoderate dicing , and carding , of purpose for to winne and gaine , and not for necessary recreation onely : why the odious , and infernall art of face-painting : why idlenesse , wantonnesse , pride , effeminacy , scurr●litie , lying , swearing , cursing , vsury , couetousnesse , oppression , iniustice , gl●tto●e , riot , drunkennesse , healthes , and such like great and hainous sinnes , and euill sports , and vanities , which god himselfe , which fathers , councells , moderne diuines , together with christian , and heathen authors haue frequently , and resolutely condemned ; doe now so ruffle and swarme among vs , as if they were the chiefe an onely vertues , n because they doe repute , and deeme them but small , or little sinnes , and vanities , of which god takes no notice : or else no sinnes at all . for if men did vnfainedly beleeue them to bee sinnes indeed ( as they shall surely finde them , to be such at last , how euer they admire , and adore them now : ) they could not play , nor dally with them , they could not hugge , nor yet imbrace them as they doe . but yet ( beloued readers ) this wee must learne , and know ; that as these , and all sinnes else are very great , so we are to repute them great , and o no sinne small , because they are committed against a great , an infinite , and eternall god ; and so draw a great , an infinite , and eternall punishment after them . p idle words , q idle thoughts , r vaine actions ( which most men deeme but trifells ) shall draw men into iudgement , and without repentance , plunge them deepe in hell , for euer at the last : and will not idle . vaine , luxurious , heathenish , and sinfull healthes ( and all the fore-recited sinnes ) which haue no good , nor profit in them , much more doe it ? if so , then deeme not healthes , nor any such like pettie sinnes , with which men vs● to dally , to be but toyes , and triuiall thin●s , of which men are to make no conscience , for feare they s draw you on to greater sins , and presse your soules to hell at last . but admit , that this drinking , and pledging of healthes ( which councels , fathers , christian writers of moderne times ; nay , very heathen authors haue condemned ) were such deminature , slight , and pettie toyes , and nicities , as most repute them ; yet since they are scandalous , hurtfull , and offensiue , and haue no comm●ndable , lawfull , nor authorized vse , it should make vs the more ready , and willing to renounce them . the lesser any sinne seemes to bee , the lesser pleasure , benefit , profit , or aduantage it brings vnto vs , the more indifferencie there is in it , the more forwards should we bee to relinquish , and foregoe it . hee that will not bee at so much cost nor losse , as to denie himselfe in small and triuiall things for christ : suppose , a strange and vglie fashion ; a meritricious , and lasciuious attire ; a varnished , and painted face ; an effeminate , vnnaturall , ruffianly , and vnlouely louelocke : a prophane , & godlesse oath , t the rhetoricke , and phrase of most men speach : ) a surrillous and filthie song , or iest ; an vnhealthie , vaine , superfluous and excessiue health , or any such petty sinnes , and triuiall euills , which bring no good , no profit , gaine , nor pleasure with them : how will hee denie himselfe , or crosse his lusts and flesh in greater things , which haue some sensible , and seeming good or pleasure in them ? u certainely , he that is vnfaithfull in the lesse , will be vnfaithfull likewise in that which is the greater : x he which will stand with god for very toyes , and trifells , as himselfe accounts them : will stand more stiffely with them vpon greater things , which haue some seeming price , some good , and value in them ; his heart will cleaue so close to th●se , that he will sooner part with god , then them . wherefore , if healthes , ( or any of the forenamed particulars ) bee but vaine and nugatorie trifells in their best acception : if they are such vanities , and nicities , wherein wee may denie our selues , without any losse and danger : let vs not so much vnder-value the loue , and fauour of our gracious god , or the blood and passion of our blessed sauiour iesus christ ( who died to redeeme vs , as well from y our vaine and scandalous , as from our sinfull , and wicked conuersation , ) as not to part with healthes and trifells for their sakes , who haue parted with so much for vs : for feare wee prooue farre worse then iudas who z would not betray , nor sell christ iesus , vnder thirtie pieces of siluer , which were more of value , then thirtie thousand healthes can bee to vs , or others . fourthly , admit the most , nay , more then can bee granted : that healthes are things indifferent ; yet questionlesse , a they are not vsefull , nor expedient , especially , vnto christians ; who haue vowed temperance , and sobrietie vnto god. what haue temperate , sober , graue , and holy men to doe , with the ceremonies of deboist , licentious , riotous , and drunken persons ? with the inuentions , and practises , of ebrious , and luxurious infidels , b who walke in reuellings , banquetings , and excesse of wine ? is it expedient , for godly , and religious christians : or is it for the honour , grace , and credit of religion , that the professours of it should imitate , take vp , or practise the heathenish , hellish , prophane , and complementall healthes , and ceremonies of such men as these : to the blemish , staine , and scandall of the gospel , and the encouragement , president , and confirmation of licentious drunkards ? if so , what difference , and distinction is there then , betweene christianitie , and paganisme ? betweene grace , and wickednesse ? betweene a christian , and an infidell ? betweene a holy , temperate , and abstemious childe of god , c whose temperance , and sobrietie , consist in deedes , and practise , not in words , and shewes alone : ) and a deboist and ebrious sonne of belial ? certainely , if it be expedient , that there should be some d apparent discrepancy , and manifest difference , betweene christians , and pagans ; betweene godly , and sober men , and swinish drunkards : betweene professours of religion ( who should e shine as glorious , and resplendent lights , and lampes of holinesse in the midest of this our riotous , deboist , peruerse , and crooked generation : not f any wayes conforming , nor fashioning themselues vnto the lusts , the wayes , the rites , and ceremonies of pagans , gracelesse , or vngodly men : ) and open , or notorious wicked men , who g make their b 〈…〉 ies , and their lusts their god ? if it bee expedient that the liues , the wayes , and workes of holy men ; should vary from the workes , the wayes , and liues of gracelesse persons , and the sonnes of satan : then doubtlesse , how euer some may d●eme these healthes , indifferent in themselues : yet none can iudge them so to christians , because they are inexpedient , and vtterly vnsuitable to their temperate , holy , sober , heauenly , gracious , exemplary , and inoffensiue liues . wherefore the very inexpediency , and inconueniency of these healthes , ( admitting them to be but things indifferent in themselues , which i can hardly grant ) should cause all good and gracious christians : h who are to moderate , and curbe themselues in the vse of lawfull things , and things of smallest weight , that so they may more easily auoide vnlawfull things , and greater euils , vpon all occasions , ) for euer to abominate , renounce , and quite abandon them in their practise ; for feare of giuing incouragement vnto euill , and scandall vnto godly and gracious men . fiftly , where as it is surmized , and obiected : that this refusall , and dislike of healthes , doeth sauour of nothing else but of a puritanicall , singular , factious , indiscreete , and ouer-scrupilous and precise spirit ; which is now the common , and receiued opinion , and iudgement of the world. i answere , that it cannot be so , vnlesse we will taxe and censure those fathers , councells , diuines , historians , emperours , states , and heathen authors , together with the very spirit and word of god , ( whose testimonies , and verdicts , i haue here produced against healthes , ) for puritans , and prescitians : and for ouer-precise , zealous , singular , factious , and contradictory , spirits ; which the most pe●emptory , and audacious drunkard , or the deboistest , and rudest roter , dares not to auouch . indeed the world is now growne to such a prodigious , impudent , and excessiue straine of wickednesse , and prophannesse : that it feares not to i reproach , reuile , condemne , and censure , all grace , and holinesse , all temperance , and sobrietie , ( nay morrall grauitie , staiednesse , ciuilitie , and modestie : ) vnder the approbrious , and ignominious , tearines of puritanisme , and precisenesse , or of stoicall , and factious singulatitie . he that k will not runne into the same excesse of sinne , and riot , that others doe : he that will not be a baud , or pander , to his owne , or other mens sinnes , and lusts : he that will not turne and incarnate deuill , or a very hydra , or monster of impietie , and prophannesse ; hee that shall but offer to l oppose himselfe against the crying sinnes , and common vices of the times : against the drunkennesse , excesse , and riot ; against the pride , the vanitie , the idleuesse , and lasciuiousnesse ; against the sinnefull fashions , and customes ; against the scurrilitie , ribaldrie , swearing , blasphemie , prophannesse , wickednesse , or licentiousnesse , of the world , which affront , and braue god to his face , and bid defiance to his maiestie : hee that shall but write , or speake against these sinnes , or any other : m nay , he that liues not in them , and feares for to commit them , out of loue , and conscience towards god , ) is forthwith branded for a puritan , or for a nouellizing , factious , singular , surly , proud , criticall , censorious , discontented , furious , and ouer-zealous spirit , though hee hath god himselfe , and all antiquitie : though hee hath apostles , prophets , councells , fathers , nay , infidels , and pagans , and the whole church of god , from age to age , to backe , and second him , and to iustifie , and acquit him , against this false , and scandalous imputation . this euery mans experience , and conscience , cannot but testifie , as an irrefragable , and vndoubted trueth . wherefore , bee not ouer rash , nor too precipitate , to preiudicate , taxe , or censure others for puritans , prescitians , humourists , or the like , for disapprouing , or reiecting healthes : or for opposing the vanities , fashions , sinnes , and customes of the times , as the maner of most men is , since they haue god himselfe , and all antiquitie , to iustifie , second , and assoile them . but learne to see the deuills art and pollicy , and the n inueterate spleene , and mallice of the world , against all holy men : who labour to suppresse , and quite abolish all temperance , and sobrietie , and the very practicall power of grace , and holinesse , by preiudicating , censuring , prosecuting , and reuiling them , vnder the names of puritanisme , singularitie , and precisenesse , in a censorious , peremptory , rash , and vnaduised manner , without any due examination of the things themselues . the reason why most men iudge so hard of the graces , wayes , and persons of gods saints , as to scandalize , and censure them , and to bring an hard , and ill report vpon them : is because o they doe preiudicate , and forestall them , and doome them to bee euill , before they doe examine , trie , or prooue them to be such . if men would p first examine , search , and know , and then passe sentence : if they would not iudge vpon q reportes , and heare-sayes , vpon bare coniectures , iealosies , or surmises , or vpon the common , and receiued voyce , and fame of ignorant , enuious , gracelesse , censorious , malignant , rash , and prepossessed carnallists ; ( who reuile , reproach , and hate all such , whose graces blemish , censure , and condemne their licentious , gracelesse , sensuall , voluptuous , and vnchristian liues and courses : ) but vpon their owne experience , and iudiciall knowledge , as all impartiall , wise , and vpright christians ought to iudge : if they r would heare indifferently on both sides , and weigh the apologies , the pl●es , and iustifications of gracious , temperate , and holy men : as well as the censures , scandalls , accusations , and reproaches , of worldly , carnall , wicked , and godlesse persons ; as charitie , and s iustice bind them for to doe . i doubt not , but they would then recant , and quite repeale their censures , and alter , change , and quite transforme their iudgements , not onely of the saints themselues ; ( whom now they t doome for puritans , hypocrites , or humorous , proud , censorious , contemptible , base , and odious persons : ) but likewise of these healthes , and all those other fore-mentioned vanities , fashions , sinnes , and ceremonies , or customes of the world : which the saints of god , and god himselfe , together with fathers , councells , moderne diuines , and christian writers , yea heathen authors , and the church of god from age to age , condemne , and censure . wherefore in this case of healthes , ( or other cases of this nature , ) let not u preiudice , wilfulnesse , or the erronious iudgement , and groundlesse censure of the world , direct , or sway your iudgements , as vsually they doe : but consider first , what grounds , what reasons , arguments , and authorities , are here produced against them , to conuince them to bee euill , at least , to bee inexpedient , and vnbeseeming christians : consider how little may , or can bee said , to iustifie , or approoue them , at least vnto your consciences , in the sight of god : and pause vpon it but a whiles , with sincere , and vpright hearts , desirous to bee informed , and instructed in the trueth : and then i doubt not , but you will readily confesse : that this censure , and condemnation , which is , and hath beene passed vpon healthes , proceedes not from any puritanicall , factions , singular , contradictorie , melancholy , rash , or ouer-precise , or zealous spirit : but from a gracious , holy , and sincere heart , from a deliberate , and well-aduised ludgement , and from a rectified , and well informed conscience , grounded vpon good and solid reasons , and vpon vnanswerable authorities , both of god and man : so that you will hencefoorth disrelish them in your iudgements , and quite abandon them in your practise . lastly , to this , that you should incurre the displeasures of your friends and others , by your refusing , and withstanding healthes , which you are loath to doe i answere ; that he is not x worthy so much as of the name of a friend , much lesse of a christian , who will sell his friendship , for the refusall , or crossing of an health , which would make both thee , and him , an enemie vnto god , and so become an enemie , both to himselfe and thee : who would , y respect or care for such a person , who would preferre his healthes , before the loue , the conscience , the saluation of his friend , or the dishonour , and displeasure of his god ? esteeme not therefore of the losse of such mens fauour and respect , who value thee at so low a rate , as to preferre their cups , and healthes before thee . but say thou art loath to lose the loue , and fauour of such men as these : how knowest thou , that thou shalt procure their hatred and displeasure , by crossing and refusing of their healthes ? if thou doest it in a discreete , a sober , modest , graue , and christian manner , backing thy refusall with sufficient , satisfactory , and pregnant reasons , as thou oughtest ; thou mayst for ought thou knowest , so farre preuaile with such as wooe and presse thee for to pledge these healthes , as to conuince them in their consciences , that healthes are euill : and so reclaime them from them : so that thou z shalt gaine more loue , and true respect from them , by such a discreete refusall , then if thou hadest yeelded , and consented to them . but admit the worst that may bee : that thou shouldest incurre the censures , reproaches , anger , or displeasure of thy best and dearest carnall friends : yet know this for thy comfort and encouragement : that it is farre better for thee to incurre their wrath and causelesse censures , a which christians must contemne : and to lose their loue , respect , and friendship : then to sell the grace and fauour of god himselfe , thy best , thy chiefe , and onely friend ; and to incurre his heauy censure , and displeasure which lasts for all eternitie . i b if one man sinne against another , the iudge shall iudge him : but if a man sinne against the lord , who shall intreate for him ? if thou proceedest on to drinke and pledge these healthes , thou shalt certainely sinne against the lord : thou shalt incurre his wrath and anger , and strip thy selfe starke naked of his loue and fauour , c which are better , and sweeter , to euery gracious , and holy soules , then life it selfe : yea , d if thou sinne wilfully , after the knowledge of this blessed trueth , and wilt not be reclaimed from these superfluous , heathenish and luxurious healthes , though thy conscience deeme , or doome them to bee euill : there remaines then no more sacrifice , nor oblation for sinne , for thee : but a certaine fearefull expectation of iudgement , and fierie indignation to deuoure thee : which will farre exceede all carnall inconueniences , losses , crosses , or disgraces , which the abandoning , or refusall of these healthes can bring vpon thee . let this then now at last perswade and mooue thee , for euer to refuse , renounce , and vtterly disclaime the very drinking , or pledging of all healthes , what euer carnall motiues solicite , or enforce thee to them . you haue now ( good christian readers ) as i hope , receiued a full , a satisfactory , and sufficient proofe , of the vnlawfulnesse of drinking , pledging , or beginning healthes● together with a large , and punctuall answere , to all obiections , euasions , pretences , colours , or excuses which men make , to iustifie , moderate , or any way else excuse them . there is nothing now remaining ; but that those who haue offended , and dishonoured god , or scandalized religion , by these ceremonies , heathenish , and infernall healthes , and roundes in former times : ( especially those ministers , and men of place a whose ill example hath leauened animated , and infected others : should presently flie to god by feruent prayers , and sound contrition , and repentance ; to obtaine the pardon , and remission of their fore past healthes ; and courage , grace , and christian resolution , b to abandon , and renounce all healthes for future times , both in their iudgements , and their practise : exiling them for euer , from their houses , tables , butter●●s , sellers , cups , and lips ; as the very c drinke-offering , and cup of deuils , which christians cannot drinke : and as the bane , the ruine , sicknesse , death , and poyson of their soules . now what shall i say more to disswade , deterre , and mooue you from these healthes , then what i haue already recorded of them ? they are but idle , carnall , worldly , heathenish , idolatrous , and hellish ceremonies , inuented , and prosecuted by the very deuill himselfe : at least by infidels , and the deboistest d pagans , in honour of their deuill-gods : or to draw on drunkennesse , and all excesse : they are the immediat vshers , harbengers , preparatiues , or flood-gates ; the very baudes , the curtizans , and panders , to drunkennesse , vomit , and all intemperance whatsoeuer : they are the e occasions of many duells , quarrells , murthers , stabbes , hatreds , heart-burnings , reproaches , grudges , contentions , and discontents : they peruert the true and proper end , and vse of drinking , and so abuse gods creatures : they take away all christian liberty from men , in the vse of liquors , drinkes , and wines , and put a kinde of force , necessitie , and measure vpon men against all reason , and religion : they violate the rules of charitie , and lustice , in an apparant maner , and oft times cause men for to force , condemne , reproch , disdaine , & censure others , who are farre better then themselues , without a cause : they are such things , as neither good , nor bad men , can safely vse without offence , or hurt , and scandall to themselues , or others : they are such vaine , prophane , and heathenish ceremonies , as misbeseeme all christians , and religious persons : but especially , all f clergie men ; though many of that holy ranke and order , g i name not any in particular , ) are too to much deuoted and adicted to them : to the ill example of the laitie , and the disgrace , and scandall of religion : they are infamous , scandalous , and of ill report , not onely among the church , and holy saints of god ; but euen among the grauer . ciuiler , and more ten , perate sort of carnall men ; yea among the very pagans , and infidels themselues : they bring no glory at all to god , nor honour , profit , pleasure , nor aduantage vnto men : they serue for the most part , to honour and applaud the deuill himselfe , or gracelesse , vile and wicked persons , who are oft times deified , and odored by them : they abuse , peruert , and much prophane , those sacred and religious gestures , wherewith we are to worship god , and honour men : they derogate , and detract from prayer , and attribute that diuine , and heauenly efficacy , and blessing , vnto drinking , that is due to it : whence some men , ( to their shame and condemnation bee it spoken , ) are healthing , and carrouzing for their childrens birth and happinesse , when as they should be praying for them : baptizing them in sacke , and claret , in which the deuil-spirit bacchus breathes : before they bring them to that sacred font , and holy water , in which the holy ghost himselfe , doeth worke and mooue : and so deuoting them vnto the deuill himselfe , & to his hellish , & infernall ceremonies , before they consecrate or initiate them vnto christ , or to his holy and sacred misteries : as if the deuill were the better lord and maister of the two : ( a most prophane , infernall , atheisticall , gracelesse , and vnchristian practise , the very thought of which , should cause all christians for to tremble . ) they are things which the fathers , and saints of god in former ages : which diuines , and christian authors both papists , and protestants : which councells , and emperiall constitutions ; which infidels , and pagans haue expresly ; c and the very word of god , impliedly , and frequently condemned , as sinfull , and abominable : yea , they are such dangerous , spredding , and pernicious euills , as will prooue the fatall , and mortall sicknesse , & disease , not only of the soules of such as drinke and pledge them ; but likewise d of those persons whose names and healthes they beare ; and of those states , and kingdomes in which they doe abound ; if they consent vnto them , not labouring for to cleanse them out , by reformation , and repentance . o then be willing now at last , on all these grounds and reasons , for euer to renounce , and quite disclamie them , without any more delayes . and if all this will not perswade you to abandon them : consider then , what a solemne vow , and ●●uenant you haue made to god in baptisme : which bindes you to renounce them , for haue you not vowed , and protested vnto god himselfe , in the sight and hearing of many witnesses , ( who will beare testimonie of your periurie , if you still proceed : ) e to forsake the deuill , and all his workes : the pompes , and vanities of this wicked world , and all the sinfull lustes of the flesh ? ( which forme was alwayes vsed in the f primatiue church : ) and are not healthes the very g inuentions , and workes of satan ? were they not inuented and practised , by the deuill himselfe ? were they not a part of his solemne worship , and seruice ? and were they not at first inuented , and vsed to his honour ? are they not , a meere pompe , and vanitie of this wicked world , where in few else but exorbitant , wicked and gracelesse persons doe delight ? and doe they not chiefely serue to satisfie the sinfull lusts , and excessiue , ebtious , and intemperate desires of the flesh , which wee haue vowed to renounce ? doubtlesse , there is not any wicked man , nor saint on earth ; no , nor any deuill , or damned soule in hell , so impudent , or shamelesse , that can or dare deny it , since h magicians , and pagans haue confessed it . and will you then so periure , and forsweare your selues to god himselfe , as to violate this solemne oath , and sacred couenant , ( which you haue oft times sealed , and confirmed in the blood of iesus christ your blessed sauiour , at euery sacrament that you haue receiued , ) in practising , iustifying , or applauding these heathenish , hellish , prophane , and gracelesse healthes , against which you haue so seriously protested in your baptisme ? will you bee so desperately , prodigiously , and inhumanely wicked , as to i proue periured , and for sworne persons , to your great , your good , your true , and faithfull god : who is able to crush you downe to hell it selfe , and that for euer ? beloued , if thus you breake your vowes , and oathes with god : k as men can neuer trust you here , because you are perfidious to your god : so god himselfe , will l surely turne your enemie : and power out the very strength , and fury of his wrath , and vengeance on you , to your eternall ruine ; because m you trample vnder your feete , the very blood , and holy sacraments of his sonne , as base , prophane , and common things , and put him vnto open shame ; in breaking these your solemne vowes , which were thus ratefied , and confirmed by them . o then let this consideration mooue you , to cast of all these healthes , according to your vowes , and couenants : for feare you prooue perfidious vnto god himselfe , to your iust , and endlesse condemnation . if this consideration will worke no good vpon you , then ruminate , and ponder in your thoughts , those many heauy , terrible , dreadfull , and amazing iudgements , which god himselfe hath inflicted vpon health-drinkers , from time to time . it is storied of n alexander the great ; that hee dranke his death and ruine , in quaffing of an whole carrouse out of hercules his cup. o in that drunken feast , or combate , which this alexander made vnto the indians , there were fiue and thirtie who dranke themselues dead in the place , and neuer reuiued more , whiles they carrouzed healthes , and roundes one to another . it is p recorded of popelus the second , king of poland ; that hauing incurred the displeasure of his nobilitie , through his ill gouernment , for which they intended to depose him : he fained himselfe to be very sicke , by his queenes aduice ; and there vpon sent for twentie of the chiefe princes of pomerania , who had the principall voyce in the election of the polonian kings ; to come and visit him in this his sickenesse : which they did accordingly . the king vpon their comming , requested them to elect his sonne to the kingdome after his decease , which thing they answered they would willingly doe , if the rest of the nobilitie would consent vnto it . the queene in the meane time provides a cup of sudden poyson , of purpose to dispatch them , and presents it to them all to drinke the king her husbands health : they to testifie their loue and allegeance to the king , dranke off the cup , as their manner was , vnto his health , but to their owne instantanie confusion , and immediate death : and to the subuertion of all the stocke , and race of the polonian princes : a sodaine , and fearefull , yet a q iust iudgement of god , vpon these princes ; who were much addicted , to the drinking of healthes in former times : but loe the infinite r iustice of god on both hands . out of the dead and poysoned carcases of these princes , there issued such infinite troopes , and swarmes of rattes , and mice , as chased popelus , his wife , and all his children from place to place , both by sea , and land , till at last they were forced to flie , to the strong castle of graccouia , where they were deuoured , and eaten vp of these rattes , and mice , s in despite of guard , and garrisons , and all those artes , and pollicies of fire , and water-workes , that were vsed to secure them : as the histories doe at large declare : so farre are kings , and all their power , vnable to resist the weakest creatures ; when god shal raise them vp in armes against them . t at the conclusion of the league betweene spaine , and the low-countrie states , about the yeere 1608. there were many who dranke themselues to death , ( and for ought that men can iudge , to hell it selfe , ) in quaffing of healthes , to the ratification of that league : i my selfe haue heard , u and read of diuers , both of our owne and other kingdomes ; who haue beene drinking of other mens healthes , so long : that they neuer enioyed their owne healthes , nor liues long after : yea , i haue heard , and read of some : who in quaffing downe other mens healthes , haue swallowed downe their owne x immediate , and vnexpected deaths , ( and without gods infinite mercy , their owne eternall damnation , and confusion ; ) before euer they could rise vp from their knees , on which they dranke them . memorable , remarkeable , and terrible , is that tragicall and strange example , of gods auenging iudgement , vpon y two drunkards , and health-quaffers in nekershofewe , a towne in almaine , on the fourth day of iuly in the yeere 1580. who comming then , and there into an iune , called for bread and wine : which being brought , they disliked the wine for its newnesse , calling for some older , and better wine : which being brought in great abundance , they fell to swill , and caerrouse one to another , till they were both as drunke as swine . then one of them powring foorth wine , dranke a carouse to his fellow : who pledging him , demanded of him , to whom hee should drinke ? quoth hee , drinke thou vnto god : he hearing this , drinkes a carrouse , or health to god : and then demanas of his companion , of which wine god should pledge him , whether of the old , or new ? of whether thou wilt , saith hee . vpon which hee takes the new wine into his hand , and filling the cup therewith , reacheth foorth his arme , as high as hee could , as though god should haue pledged him in good earnest , saying : god , i would faine know what wine thou likest best : this wine is good enough , and to good for thee : if thou hadest sent better , thou shouldest haue had better : but such as it is , take it pledge me quickely , and carouse it off euery sope , as i haue done to thee , or else thou doest mee wrong : ( the vsuall speach and phrase of drunkards now , when as they would ingage , or force men for to pledge their healthes and rounds . ) z no sooner had hee vttered these blasphemous speaches , but the lord foorthwith proceedes in iudgement against him : causing his arme which hee had stretched out , to stand stedfast , and vnmooueable , so that be could not pull it in : and benumming his whole body , so that hee could not mooue it from the place . in this agonie hee remained a long time after , his countenance not changed , rolling his eyes too and froe in a fearefull manner : his breath , and speach b●eing taken from him , so that hee could not breathe , nor speake a word : and yet hee seemed to euery one to bee aliue . aster this , the people who flocked thicke , and threefold for to see this wretched spectacle of gods wrath , and vengeance , assayed to remooue him from the place , but they could not stirre him by any strength : in the end they tyed horse to him , to draw him thence , but they could not mooue him . then they assayed to burne the house wherein hee was , but no fire would once take hold of it . wherefore , perswading themselues , that god had made him a spectacle to all drunkards , they s●rceased their enterprises , wishing the will of the lord to be done . and in this miserable and dolefull maner , ( saith my author ) standeth this drunken , and blasphemous villaine vnremooueable , to this very day : as a tragicall , dreadfull , and prodigious spectacle of gods wrath , and vengeance against drunkards , and health-quaffers . the very sight , nay , the very relation , or thought of which , should strike the very hea●ts , and soules , of all who are deuoted vnto healthes , or drunkennesse , with terrour , and amazement . ) the other drunken beast his companion , who had escaped the immediate hand of god , was by the iust , and auenging hand of the people , hanged vp on a gibbet , before the doore of the same house , for an example , and terror vnto others . beloued , these terrible , and fatall examples , and patternes of gods iudgements vpon others , ( together with sundery other presidents of this kinde , which the desire of breuitie doeth cause me to omit : ) should teach vs to a beware of drunkennesse , and all heathenish , prophane , superfluous , and vngodly healthes , for feare god cut vs short , and hew vs downe by sudden iudgements , in the selfe-same manner , as he hath cut of these . suppose that god should thrust in the sickle of his iudgements , and mow vs downe by sodaine death , whiles the health , and cup , are at our mouthes , or whiles wee are wallowing in our swinish drunkennesse : what hopes of mercy , or saluation could we haue ? god hath dealt thus with many others , as the fore-recited , and infinite examples else doe testifie : and b may he not iustly doe the same to vs , if wee still goe on in healthes and drunkennesse , since his power and iustice are the same for euer ? o therefore let vs now at last consider , and remember these tragicall , and dreadfull spectacles , and patternes of gods iudgements ; together with those assiduous , and domestique presidents of gods vengeance vpon drunkardes , and health-quaffers , which are euery moneth , or two presented to our eyes , or eares : how many health-sokers , & drunkardes may wee see , or heare of euery yeere , wichin the verge , and compasse of our iland : c who doe sodainely consume , perish , and come to a fearefull end : being cut downe by strang , and sodaine deaths , in the very act and continuance of their sinnes , before they had any time , or space for to repent ? and may not their fearefull ends bee ours too , if wee continue in the selfe-same sinnes ? let d their examples then bee our warnings , to driue and force vs from drunkennesse , and healthes , without delay : for feare we end , and set in woe , in horror , death , and hell , as they haue done . and if gods iudgements here , will not deterre vs from these sinfull courses ; let vs then consider , and settle this fume conclusion in our heartes , ( the inconsideration , and vnbeliefe of which , is the cause of all those grosse , and crying sinnes , which ouer-spread the world : ) that the time will surely come ere long , we cannot tell how soone : e when we must all appeare in person , before the iudgement seate of christ , to giue a iust , and strict account of euery vaine , and sinfull word , and thought ; of euery act of sinne , and drunkennesse , that haue euer passed from vs : of euery health that wee haue drunke , or pledged all our liues . how then shall those be able to appeare , f or stand in iudgement , in that great , that terrible , and amazing day of christ ; who haue beene quaffing , and carrouzing healthes so long , that they haue euen g reeled , staggered , and fallen to the ground , not able to appeare in iudgement , of stand vpright vpon their owne legges , whiles they h continued , but i not liued here ? how shall they euer heare the voyce , or see the face of god , and christ , with ioy and comfort , or make the least apologie , excuse , or iustification for themselues at last : who haue drunke themselues deafe , and blinde , and dumbe , nay , dead and sencelesse now ? k hauing eares , and yet not hearing ; eyes , at a yet not seeing ; tongues , and yet not speaking ; noses , and yet not smelling ; feete , and yet not walking ; reason , and yet not vnderstanding : being farre worse l then the very beast that perish : and more like m sencelesse images , sot●kes , and stones , which pagans worshipped ; then vnto reasonable , or liuing creatures . n if the righteous scarcely shall be saued in that great , and terrible day : where then shall all vngodly drunkardes , & ceremonious health-swillers : where shall all iouiall , crapulous , health-quaffing , & good-fellow ministers , and schollers appeare ? certainely , they shall not know which wayes to turne , nor what to doe , to plead , or answere for themselues , when christ shall enter into iudgement with them ; but they shall euen bee amazed , and vtterly confounded in the very anguish , horror , and bitternesse of their soules , at the very thoughts , of all their healthes , and drunkennesse , o and sinke downe into the very depthes of hell , in endlesse torments . if euer then you hope for grace , and fauour at the hands of god : if euer you expect to lift vp your heades , or hearts , with ioy and comfort , in that great and dreadfull day : p where in the lord iesus christ himselfe , shall bee reuealed from heauen , with thousands , and ten thousands of his saints , and all his mighty angels ; in the very fulnesse of his power , and the exceeding brightnesse of his glory : in flaming fire , taking vengeance vpon all that know not god : vpon all disobedient imp●nitent , riotous , ebrious , prophane , and sinfull persons whatsoeuer ; and punishing them with euerlasting perdition , from the presence of the lord , and from the glory of his power : which day will surely come q ere long : o then without any more delayes , whiles the haley on dayes of grace , and mercy shine so bright vpon you : abiute , and vtterly renounce for euer , all healthes , all sinne , and drunkennesse whatsoeuer ; which haue no good , no profit , pleasure , nor contentment in them : and presently deuote , and dedicate your selues , vnto a temperate , gracious , sober , strict , and holy life , for future times , according to your vow in baptisme , which god will surely require at your han is at last : that so you may prooue r patternes of temperance , and sobrietie , vnto others , as you haue beene laughing stockes of drunkennesse , and presidents of healthes , and riot heretofore : and so may liue , and die , and rise againe , with ioy and comfort . if you refuse , reiect , and scorne this aduice , as idle , and superfluous , or comming out of season ; resoluing to proceed in healthes , and drunkennesse , in despite of god , his sonne , his word , his threates , and all his iudgements : i haue no more to say vnto you then , but onely this ? s goe on and perish : your blood , your doome , and finall condemnation , shall seise , and rest vpon your t owne heads , not on mine : who seeke your temporall , and eternall health , and welfare , not your ruine . heirom . tom. 1. epist. 2. ad nepotianum . cap. 26. nullum laesi : nullius nomen mea scriptura designatum est . neminem specialiter m●●●sermo pulsauit . generalis de vitijs disputatio est . qui mihi irasci voluerit : prius ipse de se , quod talis sit , confitebitur . finis . errata .   page . line .   errata .   correction . readers epistle . 4 24   incrediaries   incendiar●es in the booke 38 67 69 74 17 22 24 28 for satutes christians them factions . reade statutes historians him factious . margent 11 17 72 77 y c m d for cap. 14. numera suba●unt epist. 6. reade cap 37. munera ubruant 61. notes, typically marginal, from the original text notes for div a10184-e210 a vt partes hominis in corde vivunt , it a partes reipublicae in rege . case poli● . li 3. ca 7. b ●erpetuat brietas auli●a vita mode est . obsopaeus de a●tc bib●ndi . lib : 2. c his omnis in b●bendo est fortitud● . de elia et ieiun : cap : 12. ta● inter ●pulas fortis vir esse potest , quam in bel●o . eurip : panyasides stobaeus de incontineatia sermo 18. d bedlus , qui diuinas scriptur as legens , verb a ver●it in opera . bernard . de ordine vitae : col. 1116 h. e ducitur ebrietas nunc virtus maxima . nec vitium ebries as quaelibet esse potest . obsopaeus de arte bibendi . lib. i. & 2. f i cor. 5. 11. ephes 5. 11. turpe est virum ebrium apud sobrios esse : turpe item est , si sobrius cum ebriis fuerit . theogmede 〈…〉 stobaenm : de●ncontineusia , sermo 18. g psal : 69 : 12. h pessimum inimiconim genus laudantes . ta●ius : agritola sec. 13 genus hominum adulatoribus pestilentius nullum est : plu●arch : de lib. e●●candis . i psal : 82 : 1 : 6. rex si officio suo suerit cum laude perfunctus , quasi quidam deus in terris est : singulari cu●tu● ac veneratione dignissim●is : osorius de regum inslit lib : 4. k reges 〈…〉 meliores privatis hominibus esse debent , quanto cis honoratiores ex istunt ●●●rates panig●r oser : lib : 4 : de regum inssit . l facere recte cines suos princeps optimus saciendo●●oc●t ctiam hic em● imperio maximns sit . 〈…〉 plo maior est : 〈…〉 rom l 2 : p : 134. i tim 2. 1 : 2 , 3 n nos pro saluse imperatorum deumi●coeamus aete●num , deum viuum , et deum vuitum , quem et if si imperatores propicium sib● in● ter caeuros malune : pratantes ●umus omnibus imperatoribus , vitam illis prolixam , imperium securum , domum tutam , exercitus fortes , senatum fidelem , populam probum , orhem quietum , quaecunque●ominis et caesaris vota sunt . tertul. apol . adv . gentes cap. 30. 39. o isay 5 11 , 12 , 13 , 22 , 24 , 25. prov. 23 29. 30. ioel. 1. 5 , 6. nahum : 1 : 10. amos 6 : 6 : 7 : isai : 27 : 1 , 2 , 3 : hos : 4 : 3 : 11 : cap : 7 : 5 : deutr : 28 : 59 , 60 , 61 : matth : 24 : 49 , 50 : luke 21 : 34 : compared together . p dies admodum parna , breuis etiam nox vel kiberna potando videtur . basil de ebrietate et luxu sermo . q non prophanus molius esses quāsic vel●gi●su ? minuc . felix : octav : pag : 77. sic tum so maxim● pios putans , tum maxime fiune impij . lactant : de iustit . lib : 5 : cap : 10. r ma●uerim veris offendere quam placere● adulando . senede clementia . cap. 2. s seruorum filiorumque peccata non coercere peccatum est : lactantius de ira dei●cap . 18 : ioannes : frid : de ritu , rib : ad san : lib : 2 cap. 2. see deut : 13 : 8. psa : 50 : 18 , 21. prover 1. 10. 1 sam : 15 : 9. to 24. ludg : 5. 23. 2 chro 19 2. hal● : 2 : 15 , 16. acts 8. 1. rom : 1. 32. 1 tim : 5 : 22 : ioh : 10 : 11 : compared together . t 1 tim : 6. 15 : rev , : 17 : 14 : cap : 19 : 16. v 〈…〉 25 : 31. to 46. rom : 14 : 10 , 12. 2 cor : 5 : 10. rev : 20 : 12 , 13. w principis b●ni est , non tantum id agere vt ipse bonus sit , sed et hoc essicere , vt alii mali esse desistant . salu. de guber . dci : lib 7. z rex medicu● est ; et medico comparamr , vt saret . plato de regn ; case . polit. lib 3 cap : 4. a iudg. 9. 15 ps. 78 : 71 , 72. deu : 17 : 16. 18 , 19 , 20 2 sam : 24 : 17 nehem 2 : 10 2 chro : 1 : 10 , 11. cap : 7. 10 neh : 5 : 1 : to 19. ● k●●● 21 : 18 , 19 2. king : 8 : 3 : to ● . nullum ornamentum principis fastigio dignius pu●chriusque est quam illa cor● na ob ciues seruatos sen : de clement : cap : 26. principi et imperatori hoc consulendum est , vt cives set vent , 〈…〉 heg . populi satus , est gloria principum : cassi . 〈…〉 : lib : 2 : 〈…〉 : 41. * 〈…〉 b 1 sam : 23 : 3. c rom : 13 : 3 , 4. prov 20 26 : ca. 25 : 5. rex regendo dictus est ; non autem regit qui non corrigit . august : enarun isa : 44. d psal : 101. 5 , 6 , 7 , 8. e quid est homo ebrius nisi su perflua , creatura ? cuius vita somnium est : cuius somnus mors est : ambr : de elia cs iei●v . cap. 16. f nulla in parte mundi cessat ebrietas . plin : mat hist li. 14. cap 22. ebrietas toto breviter non cessat in orbe . sunt passim bibulis om ●ia plena yiris . obsopaus de arte bibendi : lib : 3. g ebrietas fortitudinis pernicies : basil de ebrietate et luxu sermo . h gubernator ebriosus , et qui vis cuiuseunque rei praefectus , omnia subvertit , si●e nauigium , siue currum , siue exercitum , siue quamcunque rem fidei su●e commissam pl● to . li 2. de repub. st●b ●u● ser. 1● . notes for div a10184-e3010 a aug. serm. 32 a● fratres in fremo . de temp se● . 231. 23● basil de letun . & ae eb●tate , et luxu serme clem alex. paedag. l. 2 , c. 2 , 3 , 4. ambr. ae elia. & leiun . c. 10 , to 19 chrysoft . hō . 54 , 57 , 71. & ad pop. antioch . hom. 27 , in 1 cor. hier. com l. 15. in eze. 42. chrysolog serm . 26. bern. de mode viuēdi , ser. 26 see puteani comus . opsopaeus de arte bib. l. 2. friseclinus in ebriet . mr. harris his diunkards cup. master wards wooe to diunkards . the homily against drunkennesse . and mr. iohn downhams disswation from drunkennesse . b plat● symposium . legum dial. 1. plinie nat. hist. l. 14 , c. 22. zenophon de instit. cyri. l. 8. memorabilium lib. 7. seneca epist. 24● 83. plutarch . de sanitate tuenda . de adulat : & amicit●a . horace ipist . lib. 1. epist. 5. tacitus de moribus german . cap. 7. s●obaeus sermo 18. ouid. de arte amandi , lib. 1 c prou. 23 , 32 nahum . 1 , 10. 1 cor. 6. 10. gal. 5 , 21. mat 24. 49 , 50 , 51. d luke 21 , 34 ephes. 5 , 18. 1 pet. 4 , 3. e pro. 23 , 29 , 30. isay 5 , 11 , 22. hab. 2. 15 , 16. 1 pet. 2 , 11. isay 28 , 1 , 3. f 1 cor. 6 , 10. gal. 5. 21. g 1 cor. 5 , 11. pro. 23 , 20 , 21 h see master stubs anatomy of abuses , p. 77 , 78. mr. wards woe to drunkards . mr. thomas beard his theater of gods iudgements . l. 2. c. 3. i tit. 2 , 12 , 13. rom. 13 , 12 , 13 k ebriet atem qui habet , se non habet : hāc qui habet , home non est : hane qui habet , non p●ecatum facit , sed ipse est peccatum . chry sologus serm 26 l est in contēptu frugalis vita : libid● potands eunctos prodigiosa tenet . nemo bonus nunc est , nec strenu●s esse videtur plurima ni poterit perdere vina bibax . nullus eris si sint ignauae ad pocula vires , plurima ni sieces pocula , nullus eris . obsopaeus de arte bibendi , l. 2. m rom. 8 , 7 , 8. n isay. 15. 11 , 12 , 22 , 1 pet. 4 , 3 , 4. ad deteriora faciles sumus : nō pronum tantum iterest ad vitia , sed etiam praecep● : seneca . epist. 97. o ephes. 2. 2 , 3 p phil. 3. 19. q esay 3. 9. * hoe non est gaudere , sed insanire bibones , obsepaeus , de arte bib. l. 2 r bonosus non vt viuat natus est , sed vt bibat . lypsius centur. miscell . epist. 51. theatrum vitae humanae . s quicquid vitium erat , virtutis nomen induit . puteani comus . probitatis inertia nomen , iustitiae formido subit . claud. in eutrop . l. 2. nequitiae classes candida velae ferunt . petronius pag. 154. vitia pro virtutibus hodie habentur . diō . cass. roman . hist. l. 58. non solum vitiosa , sed & vitia laudantur . seneca epist . 114. t ducitur ebrietas nunc virtus maxima : nemo . carpentē bane sicco rebitur ore loqus : quaeritur hac celebris nunc cunctis gloria : cunctis , quaeritur hac nomen , gratia , fama , fauor , obsopaeus de arte bibendi . lib. 2. u haec tamen illi omniae cum faciant hilares nitidique vocantur . iuuenal . satyr . 11. x hence came the phrase pergracari ; or graco modo bibere : caelius rhod. antiq. lect. l. 28. c. 6. alex. ab . alex. l. 5. c. 21 francis irenicus : germaniae exegeseos tom. 1. l. 2. c. 1 ● . y ●allit enim vitium specis virtutis & vmbra . iu●en . satyr . 1. vitta non decipiunt , nisi sub spec●e vmbraque virtutum . hier. tom. 1. epist. 7. c. 4. z quoedam vitia species virtutum praeferunt , ideoque pernitiosius su●s sectatores decipiunt , quia se sub velamine virtutum tegunt . isidor . hispal . de sum. bono . l. 2 , c. 35. nullum vitium est tetrius aut pestilentius , eo quod in virtutis specie latet . osorius de gloria . l. 1. sect. 7. a dat veniam cornis , vexat censora columbas . iuuenal . sat. 2. a insani sapi ent , nomen fert equus iniqui , vltrae quam satis est virtutem si petat ipsam horrace epist. l. 1. epist. 6. b annon hoc ita fit in omni populo ? nonne omnem exuperantiam virtutis oderunt ? quid ? aristides nonne ob eam ipsam causam pulsus est paetria , quod praeter modum iustus effet ? cicero tusc. quaest . lib. 5. c 1 pet. 4. 3. 4. d sunt aliqui intempestiuè boni . qui corruptis moribus publicis conuicium benê viuendo faciunt . erg● tanquam scelerum & malitiae suae testes extirpaere funditus nituntur , & ●ollere : grauesque sibi putant sanquam vita eorum coarguatur . idcirco auferantur , quibus coram viuere pudet , qui peccaxtium frontem et si non verbis , quia tacent , tanien ips● vita genere dissimili feriunt & verberant : castigare enim videtur . quicunque dissentit . lactantius de iustitia , lib. 5. c. 9. e 1 iacob . c. 9. 4 iacob . c. 5. 7 iacob . c. 10. 21 iacob . c. 7. f lex noua vsu non recepta viribus caret , & desuitudine tollitur . gaillius pract. obser. lib. 2. obser. 110. g see 4 iacob . c. 5. 1 iacob . c. 9. h leges optitima si negliguntur , diss●lutionem pariunt . cafe . pol. l. 5. c. 7. i quantum pracellunt c●teris magnitud●ne , tantis praestant impuritate . salu. de gub. dei. l. 7. p. 277. k velocius & citius was corrumpunt vitiorum domestica exempla , 〈…〉 subeāt animos magnis a●teribus . iuuen. satyr . 14. l non amplius mirabor c●̄● peceant qui genere ignobiles sunt , quand● bi qui summ● l●lo nati sunt , peccant . so phocles aiax flag . ng . 1165. m cum surpia placent iis qui habentur boni , ceric valde honesta videntur esse malis . euripid. hyppolitus cor. sect. 410. n nemo sibi tantum errat , sed aliis ●rroris causa & auctor est . nem● ita cadit vt nē alium in so attrahat . seneca de vita beata cap. 1. o demum s● am coercer● plerisque ha●d minus 〈…〉 est , quam preuinciam ●●●●re . tac●●us agricolus vita . cap. 7. p see obsepaeus , de arte bibend . q melius est aliquid neseire secure , quam cum periculo discere . hier. tom. 1. epist. 22. c. 13. r see master iohn downam his disswasiō from drunkennesse : and mr. harris his . drunkenis cup the table of drunkennesse , & ●us potandi . s see argument 14. t hosea 4. 3. u i shall say to these . l●gant prius . & postea despiciant : ne videantur , ne●●u iudicic , sed au odi● prasumptione ignorata dānare . hier. aduer . ruffin● l. 2. c. 9. tom. 2. pag. 251. x naturale ●st potius non● quam magna mirari . it ● enim comp●siti sumus , vt nes quotidiana si admiratione digna sunt , tr● seant ; contra minimarum queque rerum s● ins●lita prodi●runt , spectaculum dulce fiat . sen. nat. quaest. l. 7. c. 1. aertor est cupiditas ignota cognoscendi , quam nota repetendie ad neua omnes concurrant , ad neua tēuentunt . sen. cōtrouers . l. 4. proaem . nouitas auditoribus lenocinatur . plin. epist. l. 2. epist. 19. noua , & non in promptu posita , admirationem suiexcitant auditeremque allicinnt . plutarch de homero . est qu●que cunctarum nouitas gratissimarerum . ouid●de ponto , lib. 3. elig 4. y isay 42. 24. 25. prou. 23. 34. 35. z reges quand● boni sunt muneris est dei quando vero mali , seeleris est populi : secundum meritum plebeiū , disponitur vit● rect●rurn . irascent● enim deo , talem rectorem populi suseipiunt . qualem pro peecat● merētur . nannunquam etiam pro malitia populi reges mutantur● & qui ante videbantur esse beni , accepto regno fiunt iniqui . isiodor . hispal . de sum. bono l. 3. c. 48. concil . parisiense sub ludouico & lothorio : 829. lib. 2. cap. 1. a non ignauissiumorem hostium fortitudine obruimur , sed s●lum vitiorum nostrorum impuritate superamur . nemo sibi aliud persuadeat , nem● aliud arbitretur : solum nos m●rum nostrorum vitiae vicerunt . salu. de gub. dei. l. 7. p. 238. 278. b habet h●● temulentia , vt & molliat & resoluat corda temulent●rum ambr. de elia & ieiun c. 12. basil. de ebrictate & luxu . serm. obsopoeus de arte bibendi , l. 2. c 1 cor. 3. 16. & 6. 15. 19. d isay 8. 7. to 15. e amos 6. 1. to 7. isay 5. 11. 12. f rom. a. 4. g ezech. 16. 49 h plures inuenia● qui saepius peiurent , quam qui omnine non turent . salu. de gub. dei. l. 3. p. 79. i nihil amentius est , quam in malis esse , & malorum intelligentiam non habere . salu. de gub. dei. l. 6. p. 216. 217. k non mirum est si quotidie deteriora patimur , qui quoeidiè deteriores sumus . salu. de gub. dei. l. 4. p. 111. l isay 22. 12. ier. 4. 8. & 6. 26. m nahum . 1. 10 1 cor. 6. 10. gal. 5. 21. n rom. 12. 1 o dan. 7. 10. math. 25. 32. 33 2 cor. 5. 10. p psal 95. 7. 8. 2 cor. 6 2. q deut 22. 41 42. psal. 7. 11 12. 13. qui volunt atem dei spreuerunt inustantem , voluntatem dei sentient vindicantem . prosper . aquit . respons . ad obiect . 16. vincent . r vno die bibunt multerum dierum labores . ambr. de elia & ieiun . c. 12. s ebrietas multorum malorum metropolis . athen. dipnos . l. 10. c. 1● . t qui luxuriatur , viuens mortuns est : ergo qui inebriatur , & mortuus & sepultus est . hierom. tom. 2. epist. 63. c. 4 v sub christino nomine gentilem vitam agunt , & aliud professione , aliud conuersatione testantur . hier. tom. 1. epist. 14. c. 2. x apost . canones can. 53. deerete 〈…〉 p●p● . can. 10. c●ne . ●●●dicenum . can. 24. carthaginense 3. can. 27. aphricanum . can. 7. constātinop 6. can. 9 turonense . 3. can. 21. cabilon : 2. cā . 44 rhemense . 823 can. 26. aquisgranense an. 816. can. 60. 90. reformatio cleri german●ae r●tisponae . 1524 can. 3. 8. conc. colon : 1636. part . 2. cap. 25. part 5. c. 6. augustense , 1541. cap. 10. 19. moguntin . 1549. can. 74. see gratian , distinct. 44. bochellius decret . eccl. gallica . lib. 6. tit. 19. y isay 58. 1. z iudg. 5. 23. a nunquid aeger laudauit medicum secantem ? senec . epist. 53. b nulls gratae repr●hensio est● imo quod niulto peius est , quamlibet malus , quamlibet perditus mauult mendaciter praedicari , quam iure reprehendi : & falsarum laudum irrisionibus decipi , quā saluberrima admonitione seruari , salu. de gub. dei. l. 8. p. 279. c magna dementia est , verert ne infameris ab infamibus . seneca epist. 91. d regium est male audire cum bene feceris . plutarch apotheg . graec. e qui laudem non appetit , nec centumeliam sentit . bern. de inter. demo. c. 42. f mens boni studii ae pii voti , etiamsi effectum non inuenerit capts operis , habet tamen pramium voluntatis . salu. praesat . in l. 1. de gub. dei. notes for div a10184-e6300 a peccatis prateritis noua addimus : nec solum noua , sed e●●am quaedam paganica ae prod●giosa , & in ecclesiis ded non vi●a . surgun● recentia crimina , ne● repudiantur antiqu●● noua qu●tidi● mala facima●● , & vetera no● relinquimus . salu. de gub. dei. l. 4. p. 111. 122. c habent in exercitu su● plures succenturiatos : habent scurras e● velite : in prasidiis , crassos , comptos , nitidos , inf●ios clamatores qui illas pugnis calcibusque defendant● heirom . adu . iouin . lib. 2. cap. 19. d maiori procacitate defendunt ebrietate● quam exercent . heirom . ib. d illa faeda et inf●li● co●suetudo per quam grandi mensura sine mensura tres ●●mines aut volentes aut inuitisolent biber● , de paganorum obseruatione remā . sit : ideo tanquam venenū diaboli de vestris conuiuiis respuatis . august . de tempore . sermo . 231. e alii prto●em diem tan ●um perdunt ; ●briosi ve●● priorem diem quovidie , ● venientem perdunt . plin. nat. hist. lib. 14. cap. 22. vita his somni um est ; somnus his mors est . ambr. de elia & leiun . lib. cap. 16. f stulium est . quicquid homines sine deo sapiunt . amb. de elia & ieiunio . lib. cap. 16. g nullune i●tra se man●● vitium senec● epist. 95. h aristot. li. 1. poster . cap. 2. sect . 14. lib. 3. topic . cap. 5. pa●tic . 4. keck . syst. log. lib. 1. cap. 1● . i basil. de ebrietate ser. ambr. de eli● & ieiun . li. ca. 11. to 18. aug. de temp . ser. 231 , 232. guagninus rerum . polon . tom. 2. pag. 67 , 68. ioan. fridricus de ritu bib. ad san. lib. 1. cap. 12. lib. 2. cap. 4. 2 , ● , 4. sigis. baro. de reb. moscouitis . mr. harris his drunkards cup pag. 20. 28 , 29. k 1. cor. 10. 31. deut. 8. 10. 1. tim 4. 3 , 4 , 5 colos. 3. 17. 1. pet. 4. 11. l gen. 1. 29. & 9 , 3. ps. 116 , 23 psal. 146 , 7. prou. 31. 6 , 7. 1 tim. 5. 23. non propter voluptatem bibendum est , sed propter infirmitatem . pro remedio igitur parcius , non pro delitiis re dundantius . ambr. epilst . l. 3. epist. verc . ecclesiae . hier. regula mona●horum . de abstinent . cap. see mr. harris his drunkards cup , p. 15 , 16. m lessius de iustitia . et iurc . wesenbecius in pandect . iuris ciuilis . lib. 1. tit . 1. numb . 12. at the ende . mr. bolton in his generall directions for our comfortable walking with god. pag. 204 , 205 , accordingly . n synodus augustensis 1548 cap. 28. s●rius tom. 4. concil . pag. 813. stiles them infames compotationes . o comm●ssationes , eb utates , et reliqua omnis insania , et turpitu●o , a caetu nostro exacta explosaque est , chryso●● . tom. 5. contr . gentiles lib. p. 877. p idols portio est mebriare vino mentem , ventrem cibo distendere , & it a prauis actionibus occup●ri , vt cogaris ignorare , quod deus est : ergo si nos sumus templum dei , car in temp . ● des co●itur festiuitas idolorum ? cur vbi christ●s h●bitat qui est temperantia . castitas , inducitur cōmessati● ebriet as atque lasciuia ? ambr. ser. 11. q propterea igitur publici hostes christiani , quia imperatoribus neque vanos , neque mentientes , neque temerarios henores dicant : quia verae religionis homines etiam so●emnia eorum conscientia pot●us quam lasciuia celebrant . teitul adu . gentes : apolog. c. 30. 31. r 1 pet 4. 2 , 3. 4 wisd. 2. 6 , to 21. s ambr. de elia & ieiunio , c. 11 , 12 , 13 , 17 hierom. com. lib. 1. in tit . 1. aug de temp . serm. 23 1. 232 t illum abus●● decernimus peuitus tollendū , quo in quibusdam partibus ad potus aquales , suo modo se obligant potatores : & ille iudicio talium pius laudatur , qui plures inebriat , et calices foecundiores exhaurit . concil . lateran . sub innocent . 3. c. 15. surius tom 3. concil . pag. 742. u tit. 2 , 14. 1 pet. 3. 14 , 15. 2 pet 3. 11 , 14 luke 1. 75. math. 5. 16. rom. 13. 13 , 14. x ita est dei ecclesia quasi oculus : nam vt in oculum etiam si parua sordes incidat , totum lumen obcaecat : sic in ecclesias●ico corpore etiam sipauci sordid●● faciant , prope totum ecclesiastici splendoris lumen obscurant . salu. de guber . dei , l 7. p. 264. y peccator cū videt aliquem similia suorum operum faciētem , confirmatur vt eadem faciat : clemens constit. apost lib. 2. c. 20. z eph 〈…〉 , 32. iam. 3. 14. &c. 1 iohn 3 , 14 , 15. a mat. 12. 36 , 17. eph. 4 , 29 , 31. & 5. 3 , 4. b exod. 20. 7. mat. 5 , 33. to 38. iam. 5. 12. c ephes. 5 , 16. col. 4 , 5. d rer. polon . tom. 2 , p. 68. e see pro. 23. 29 , 33. virgil. georg. lib. 2. ambr. de elia. & leiun . c. 11 , to 19. chrysolog . serm. 26. mart. epig. l. 8 ep. 6. crebrae inter vinoientes rix●●● raro conuitits , saepius coede & vulneribus transiguntur . tac. de mor. germ. sect. 7. vini cadus fit ensis , et euspis calix , crateres hostes , &c. athen. dipnos . l. 10. c. 4. g 1 sam. 12. 21 psal. 24. 3. pro. 23 , 5. esay 52 , 2. ps. 4. 2. h math. 6. 13. 1 thes. 5 , 22. i 1 cor. 10. 31 , 32 , 33. k in conuiuiis nostris editur quantum esurietes capiunt , bibitur quantum pudicis est vtile . tertul. apol. adu . gentes . c. 39. theod. de euang . verit . cognit . lib. 8. cōmessationes , ebrietates , & reliqua omnis insania et turpitudo a cat●● nostre exacta explosaque est ● chrysoft . com . gent. tom. 5. p. 877. conuiuia non tantū pudica colimus sed & sobria : nec enim indulgemus epulis , aut conuiuium mero discimus , sed grauitate hilaritatem temperamus , casto sermone , corpore castior● . minut. faelix . octa p. 102. l pro● . 10. 7. lob . 18. 7. & 20 , 7 , 8. psal. 10● , 13. m ester 3. 2 , to 7. psal , 15. 4. ps. 101 , 3 , 4 , 7 , 8. ps 139 , 20 , 21. n p●ou . 17 , 15. isay , 5. 10 , 21 , 23. o at non infami subsurgit gloria fama , turpibus a relus gloria nulla vonit , obsop. de arte bibendi , lib. 2. p iohannes fridericus , de ritu bib. ad s●● . ● 1 cap 7. 8. accordingly . q malus est et quem malus laudat , vel quē bonus vitup●rat : plutarch . de vitioso pudore lib. r nullus tam grauem iniuriam , sanctis angelis , vel sanctis hominibus ag●oscitur irrogare , quam qui in eorum nominibus bibend● , per ebrietatem animas suas , prebantur occidere . august . de temp. ser. 23. 2. s see wisd. 2 , 10. to 21. ier. 18 , 18 , 20 , 23. t quicquid est praeter rectam rationem , id est , peccatum . clem. alex. paedag. lib. 1. c. 13. u mat 12. 36. eccles. 12 , 14. rō 16 , c. 14 , 10. 2 cor. 5 , 10. x quanto res sacratior , tantò abusus eius damnabilior . concil . coloniens . anno 1536. pars 9. cap. 16. y see dau. 5. 3 , 4. apud septentri●nales religiosum est pro reuerentiae numinum bibere . olaus . mag● lib. 13. ● , 14. graect in conuiuiis deo● interpocula salutant , nominatimque app●llant euacuaeto poculo , & sic praecatis diis pocula affatim ha●uriebant . al. ab alex. gen. dier . l. 5. c. 23. see athen , dipnos . l. 2. c. 1. z ostultitiam hominum qui ebrietatem sacrificium putant . ambr. de elia. et ●eiun . c. 17. see lobā . frid. de ritu . bib . ad san. l. 1. c. 8 p. 52 , 67 , 68 , 104. * alex. ab al. gen. dier . l. 5. c. 21. olaus mag. l. 13. c. 14 ambr. de elia. & ieiun . c. 17. hier. com. l. 1. in tit. 1. arrianus . l. 6. de gestis alexandri● diō . cass. l. 51. rom. hist. p. 602. record that it was the custome of the heathen gretians , macedonians , romās , and northerlings to drinke the health of their kings & friends , at their feasts , & meetings . * sic cū se max imè pios putāt tum maximè fiunt impii . lact. de iustic . lib. 5. cap. 16. a videtur non amare imperatorem qui pro sua salute non biberit : qui pro salute eius non biberit fit reus indeuotionis . ambr. de elia. & ieiun . c. 17. accusasionis occasio est adiuratum per regem frequētius non bibisse . hier. com. l. 1. in tit. 1. b siccine exprimitur publicum gaudiū per publicum dedecus ? haeccine solennes dies principi●m decent ? quae alios dies non decent ? tertul . apolog. aduer . gentes . d 1 tim. 2. 1 , 2. e psal. 50. 14. ps. 69 , 31 , 32. ps. 107. 22. psal. 147 1. f see tertul. de corona militis , lib. ambr. serm. 11. concil . laodicense , can. 39. conc. aphricanum : can. 27. conc. constantinop : 6. can. 94. concil . bracarense can. 29. synod . ●uronica 2. can. 23. capitula graecarū . synod●rū . can. 71 , 72 , 73. clemens : constit . apost . l. 2. c. 66. for proofe of this proposition . g leu. 18. 30. deut. 12 , 29 , 30. ps. 106. 35. ier. 10. 2. mat. 6 , 7 , 8 , 31 , 32. eph. 2 , 1 , 2. & 4 , 17 , to 22. col. 2. 20 , 21 , 22. rom. 12. 2. 1 thes. 4 , 4 , 5. 1 pet. 1 , 14 , 15 , 18. & 4 , 2 , 3. 1 cor. 10. 20 , 21. 2 cor. 6. 14 , 15 , 16. 2 kings 17 , 15 h symposium : about the end . i ex magna phyala ex orne ad dextram biberunt . k conuiuium , 7. sapientum , see de sanitat , tuenda lib. l gen. dier . l. 5. c. 21. & 3. & ● . polidor . virg. de inuentor . rerum . lib. 3 c. 5. m sole tamen , vinoque calent : annosque praecantur . qu●t sumunt cyathos , ad numerumque ; b●●ūt . ouid. fasto●ū . lib. 3. p. 51. hinc ad vina redit laetus , & alteris te mēsis adhibet deum : te multa praece , te prosequitur mero de ●uso pateris , & laribus tuum . miscet munen , hor. carm. l. 4. o ● . 5. naeuia sex cyat his septem lustin●a bib●tur . quinque lydas lydo quatuor , ida tribus . omnis ab infuso numeratur amica falerno . ma●tial . epig. lib. 1. n de ●brietate serm. & com. in cap. 5. esaiae . see plutarch , symp. l. 1. quast . 1. accordingly . o dipnos● lib. 27. c. 5. p de plantatione noe , lib. q athenaeus dipnos . l. 2. c. 1. r aria●us l. 6. de gestis alexand : see lypsius epist. centur miscel. epist . 51. s rom. hist. l. 51. p. 6●2 . t vt in conui●i●s non modo publicis , sed priuatis quoque , pro eo libaretur . u dipnos . lib. 10 cap. 7. x natur. hist. lib. 14. c. 22. doctor hackwells apology l. 4. c. 6 , sect . 2 , 3 , 4 , 5. y cornel. tac. de mor. ger. sect . 7. boemus de mor. gent. l. 3. c. 12. munster . cosmogr . l. 3. cap. 27. z de elia & leiun . cap. 11. 12 , 17. a com. lib. 1. in titus 1. b de tempore ser. 231. 232. c nec prius ante epulas . aut numera grata lyaei●●as cusquam ●e●●gisse fuit , quam multa prae●atus , in mensam fabio sacrum libauit hon●rem : sil. ita● . l. b. 7. at the ende . d lib. 13. cap. 37. e rerum p●●●● tom. 2. p. 68. f antiq. le●●ionum lib. 3. g in mostellaria & persa , h de ritu● bib. ad san , lib. 1 , c. 6 , 7. i dipnos . l. 2. c. 1. l. 10. c. 7. k epigr. lib. 9. ●p . 74. l. 11. ep. 21. l ath. dipnos . l. 10. c. 8 , 9. hor● carm. l. 3. ode . 19. coel. rhod. antiq. lect. l. 7. c. 26. l. 28. c. 16. tibul. el. ● . lib. 2. ouid. l. 3. fastor . martial . epig. l. 9 , ep. 9. 4. l. 11 ep. 21. putean . dia●r , 1 p● 40 ioan. frid. de ●it . ●ib . ad sam. l. 1. c. 7. m plat● : sympos . at● . dipnos . l. 10. 10. l. 11. c. 2. 17. 28. pla●t . in m●stellaria , lu●●enal . satyr . 6. ioan. frid. de ri●● . bib. ad ●an . l. 1 , c. 12. dr. hackwells apologie l. 4. c. 6. sect . 2. 5 n de tempore serm , 231. o disquisitio mag. tom. 3. ap●nd . 1. ad lib. ● . tom. 1 q. 2. l. 2. tom. 3. lib. 5. sect . 7. p de ritu . lib. ad ●an . lib. 1. cap. ● a hui●● aut●rem l●gic diabolum habent basil. de ebriet . & lu●u : sermo . augu●● de temp. ●er . 23 1. b qui christiani n●mini● op●● non a●it christianu● 〈…〉 esse videatur : nomen enim sine a●tu atq●● officio suo ●ihil est : nec est aliud sanctur● vocabulum sine merito nis● ornamentum in l●t● . sal● . de gub. dei. l. 4. p. 94. c tertul. de baptisme lib. salu. l 6. de gubern . dei. tertul. de c●rona mil. and the forme of baptisme in our common prayer booke . * in nobis christus patitur opprotriū , in nobis patitur lex christiana maledictum . de nobis enim dicunt pagani : ecce quales sunt christiani qui christum colunt : ●bi est lex catholica quam credunt ? vbi sunt pietatis ac castitatis praecepta , quae discunt ? euangelia legunt & impudi●● sunt : apostolos audiunt , & inebriantur : christum sequ●●tur & rapiunt , vitam improbam agunt , & probam legem habere se decunt , salsum plan● illud est quod aiunt se bona discere : quod iactant se sanctae legis praecepta retinere : si enim bona discerent , boni essent , salu de gub. dei lib. 4. pag 137. 138. d of which see liuie rom. hist. l. ●9 . aug , de c●u . dei. l. 18. c. 13. coelius rhod. antiq. lect . l. 4. c. 6. pol●d virgil. de inuent . rerum . l. 3. c. 17. e 1 cor. 10. 20 , 21. 2 cor. 6. 14 , 15 , 16. f praeclare dona dei vel agnoscimus , vel honoramus : qui quantum ab eo bene●icii accipimus , tantum ei iniuri●s repensamus . salu. de gub. dei. lib. c. pag. 222. g d●ut . 8. 10. 1 cor. 10. 31. rom. 13. 12. 1 tim. 4. 3 , 4. tit. 2. 11 , 12 1 pet. 5 8. luk. 21. 34. h non imitātands nobis illi sunt , qui sub christiano nomine , gentilē vitam agunt , & aliud pro●essione , aliud conuersatione testant●r . inter christianū & gentien● non sides tantū debet , sed & vit . a disl●nguere , & diuersam religionē , per diuersa opera monstrari . hierō . epist. tom. 1. epist. 14 c. 2. h ioan. frid. de ritu . b●b . ad san l. 1 , c. 8. i marti●●s delrio . disquisit . magica tom. 3 appendix . 1. ad lib. 5 tom. 1. quaest. 2. l. 2. tom. 3. l. 5. sect . 7. k tertul. apol . adu . gent. c. 39. theod. de euang. veritat . cognit . l. 8. gregor . nys●de vita beati . greg. oratio . see leuit. 23. 1 chron. 20. 21 , 22. 2 chron. 7. 6 , 8 , 9 , 10. & 30. 21 , to the ende . acts. 2. 46 , 47 , clemens alex. paedag. lib. 2 , c. 4. * ●iusmodi conuiuium oft obrietatis theatrum . clem. alex. paedag. l. 2. c. 4 l guag●inus rer. polon , tō . 2. p 67 , 68 , 69. martin . chromeru● de polon . lib. 1. et . salomon neugebauerus hist. polon . lib. 1. m sigismund baro. de rebus moseouitis matthias a micou . de sar●atia eur●p●● l. 2. c. 3. n munster cosmogr . l. 3 , e. 27 boem●●● . de mor. gent l. 3. c. 12. euphormio . lcon . animorum . cap. 5. loan . frid. de ritu . bib. ad san l. 1. c. 5. 6 , 7. franciscus irenicus , germania exeges . tom. 1. lib. 2. cap. 8. o amb : de elia & leiun : l c. 12 , 13 , 14 , 15 , 16 , 17 , 18. p zenophon . de instit . cyri. hist. lib. ● . q leri●● hist. nauig in . brasil . cap. 9. r purchas pilgrimage , l. 9. cap. 2. 3. s tit. 2. 11. 12 , 13 , 14. 1 pet 1 , 13. 14 , 18. iohn 15. 19. ler. 10. 2. rō : 12 to 2. 1 cor. 7 23. eph. 4. 17. col. 2 20. 21. 22. 1 pet. 4. 2. 3. reu. 14 , 3● t ipsa est saeuissima supplantatio , quando fideles & religiosi relicto proposite bono in imitatsonem transeunt aliorum . prosper . aquit . exposit , in psal. 139. u 1 thes. 5. 23 math. 6. 13. iob 31 : 1. iude 23 x leuit. 18. 30 ier. 10. 2. rom. 12 , 1 , 2. math , 6 ; 7 , 8 , 31 , 22. eph. 2 , 2 , 7 , & 4 , 17. 1 cor. 10. 20 , 21. col. 2 , 20 , 21 , 22. 1 pet. 1 , 14 , 15 , 18. & 4 , 2 , 3 , 4. iam. 1 , 11 , 27. y rom. 13 , 13 , 14. eph. 4 , 22. 23. col. 3 , 8. gal 5. 24. 1 pet. 1. 15. & 2 , 11. tit. 2. 12. & 3 , 3. 2 , pet. 2 , 18. 21. z rom. 14. 13 15. ph●l . 1. 27 1 cor. 10 , 32 , 33. 2 cor. 8 , 21. a amos 6. 6. esay 5. 11. 22. 1 kings 20. 16 dan. 5. 3. 4. b 1 pet. 4 , 2 , 3 4. ga. 5. 21. ●om . 13. 13. c isa. 5. 11. 22. & 28. 1. prou. 23 , 29. ioel. 1. 5. d d hab. 2. 15. hosca 7. 6. 8. * de quibus apertissimè diuina scriptura sanxit , non differenda sententia est , sed potius exequēda . aquisgsanense con●il . sub lud : pio : can. 61. d see clem. alex . paed : l. 2. c. 2. basil. de ebrietate , & luxu , serm. et com. in cap. 5. esaiae amb. de elia & leiun . cap. 10. to 20. origen . hom. 6 in gen. & hō . 7. in leuit. chysost and pop. antioch . hom. 54 , 57 , 71. enar . in esay 5. & hom. 27. in 1 cor 11. aug. de ebrietat . et virgin. serm. & de tempore serm. 231 232 bern. de modo bene viuendi , ser. 25. chrysolog . ser. 26 : hier. com. l. 2. in gal. 5. & com. lib. 1 , in tit. 1 : against this sinne of drunkennesse . e paedagogi lib. 2. c. 2. & 4. f de ebrieate et luxu . serm & com . in cap. 5 esaiae . h de elia & ietun . cap. 17. 11 , 12 , 13 , 14. k vocas ad c●nam vt amicum : postea eiicis vt cadauer , anima eius extincta . basil , de ebrictate serm. l lib. 1. comment : in tit. 1 tom. 6. pag. 200. a. m accusasionis occasio est , adiuratum per per regem frequentius non bibisse . n de tempore serm. 231 232 de sobrietate , & virginis sermo . & de rectitud . cathol . conuer●●●●● lib. o quod in laicis reprehenditur , id multo magis in clericis opertet praedamnari . aquisgranense concil . sub ludi pio . can. 61. p nullam habet spem salutis aeger quem ad intemperātiam medicus hortatur . seneca epist. 129 * marke this obiection , & the reply vnto it . q multi sunt etiam maioris ●rdinis cleric● , qui cum aliis sobrietatis bonum deberent iugiter praedicare , non solū hoc non faciunt , sed etiam epsi cogu●t bibere aliquos plus quam expe lit , & se aliosque inebri●re non erubescunt nec metuunt . august . de tempore serm. 231. 232 see synod . treuerēsis de clericorum temulentia , cap. r ebrietas in alio crimē est , in sacerdote sacrilegium : quia alter animam suam necat vino , sacerdos spiritum sanctitatis extingust . chrysologus sermo 26. s grex qui pastoris vocem moresque sequitur , per exempla melius quam per verba graditur greg. magn. pastoralium pars 2 cap. 3. t 1 tim. 3. 2 , 3 , 7 , 8 , & 5 , 23. tit. 1 , 7. leuit. 10 , 9. numb . 6 , 2 , 3. pro. 31 , 4. 5 see hier. com. l. 1 , in tit. 1. theodoret. primasius : theophyl . & haymo in 1 tim. 3. clemens rom. constist . c. 50. concil . aquisgr . sub ludou . pio cap. 94. concil turonicum 1. c 1 2. synod treuerensis . anno 1541. sur. tom. 4. p. 828. gra●ian . distinctio . 35 , & 44. see loan . frid. de ritu . bib. ad san. lib. 2. cap. 1. u ioan. fri●●● ricus de ritu . bib. ad sa● . lib. 1. c. 9. where this insuing history of luther is likewise recorded . * ioan. frid. de ritu bib. ad san. l. 1. c. 9. & 7. p. 52. x luitprandius lib. 6. c. 6. 7. baranius an. 963. numb . 17 , 23. mr. iohn whites way to the true church . digres . 57. sect . 9. y suriu● concil . tom. 3. pag. 742. & tom. 4. 761 , 771. z de m●do bib. ad san. l. 〈…〉 7. * de temp. ser. 231. z de polonia lib. 1. p. 15. a rerum polon . tom. 2. p. 67 , 68. b de rebus muscouitis . c cosmogr . lib. 3. cap 27. d gen dierum l. 5 , c 3 , & 21. e boemus de mor. gent. l 3. c. 22. lipsius epist . miscel. cenr . ep. 51. f commēt . in ester 1. 8. g sermo : 2. in ester . 1 , 8. h de inuenter rerum . l. 3 , c , 5. i epist. decad 6. epist. 6. k epigr , l. 2 , epigr. 46. l the life , confession , & heuty repentance of francis cartwright m in pandect . luris ciuilis lib. 1. tit. 1. numb . 12. at the ende . n de lustitia & ●re lib. n de ritu , bib. ad san. tib . duo . o surius con● . tom. 3. p. 742. p illum abusū decernimus penitus tollendum quo in quibusdā partibus ad potus aequales suo modo se obligant potatores . q surius . conc. tom. 4. p. 761. 771. see gratian : distinct. 44. bochellius decretalium eccl. gallicanael . 6. tit. 19 cap. 11. r execratur competationes illas ad aequales haustus obligatoias . s tolossanus : l. 11. de repub. c. 9. loan frid. r●●u . bib. ad san. l. 1 , c. 10 p. 91 , et , 12. p. 109 rhenanus rerum german . lib. 2 , pag. 91. t melchior hayminsfeild : statuta caro●s 5 : imperialia : an. dō● 1548. reformat . pol●tae ●mperialis . c 8. p 143 u de ritu : bib. ad san. l. 1 , p. 116 , 117 , 118. a 1 lacobic . 9 , 4. lac . c. 5 , 7. lac . c. 10 , 21. lac . cap. 7. b losephus antiquit . lud●eorum . l. 11. c. 6. ester 1. 3. to 9. y athen. dipnos . i. 10. c. 11. z diogen . lactan . i. 8. emp. a prout euique libido est , siccat inaequales calices conuiua solutus legibus insanis , seu quis capit acria fortis pocula : leu modicis virescit latius . ser. 1. 2. gatyr . 6. b athen. dipnos l. 10 , c. 9. lypsius de antiqu . lect. l. 3. c nat hist. lib. 14. cap. 22. d dipnos l. 10. cap. 4. i sympos●● . l. 1 , quaest. 1 , l. 7 quaest. 10 , et de san. tuēda lib. k de planta . noe lib : & de temulētia lib. see gellius noct. attic. l. 15 , c. 2 plato de legibus , l. 1 , 2. macrob. saturn . l. 2 , c. 8. l ex hoc ipso vtique deteriores barbaris sumus , si meliores non sumus , qui meliores esse debemus : criminosier enim culpa est , vbi honestior status : si honorosior est persona peccantis , peceaeti quoque maior inuidia : itaque nos qui christians catholici esse dicimur , si simile aliquid barbarorum impuritatibus facimus , grauius arramus . atrocius enim sub sancti neminis profesione peccamus , vbi sublimior est praerogatiu● . maior est culpa . faedius inebriatur , sobrietatem , fr●n●e pratendens . non tam reprehensibilis ebrietas alamanni , quam ebrietas christiani . salu. de guber , dei , l. 4 , p. 115 , 17. 6 , 130. c tit. 2. ●1 , 12 13 , 14. rom. 13 , 13 , 14. 1 pet. 4. 2 , 3 , 4. d 2 chron. 33 9. ideo plus sub religionis titul● deum luaimus , quiae positti● religione peccamus . ●●lu . de gub. dei. l●b . ● pag. 93. * plus debet christs discipulus praestare , quam mundi philosophus . hierom. tom. 1. epist. 26. c. 4. e nulla in parte mundi cessa● ebriet●● . plin. nat. hist. l. 14 , c. 22. f nullum vitium est sine patrocinto . vitia nostra quia amamus , defendimus : & malumus excusare ea , quam excutere sen. epist. 116. g scholia . in psal. 115 , & hom. in psal. 115. h so doth saluian . l. 2 , de guber . dei , p. 120. i lib. 5 , in euang . lucae , c. 6 , v. 22 , 23. de fide lib. 5 , c. 5. & serm. 18. k de gratia & lib. arbit . tract . about the ende . l chrysostome hom. in . psal. 115. m hoe e●eni● ignorantibus veritatem , vt quiduis potius excogitēt , quam id sentient quod ratio dep●scit . lact. de ira dei. cap. 10. n gen. 42. 15 , 16. o plutarch . alexan. & de adulat . & amicitia lib. quint. curtius lib. 8. sect. 5. * hoc quidē est vinum perdere , non ●iber● . obsopaeus de arte bibendi . lib. 2. * rom. 3. 8. a see master harris his drunkards cup. p. 20 , 28 , 29. mr. boltens directiōs for our comfortable walking with god , p. 201. accordingly . b see loannes frid. de ritu . bib. ad san. l. 2. c. 2 , 3 , 4. * see argument 14. c vino madidi acs●mno●enti nescu●nt mente quid lingua proserat . vnusquisque slertit & potat : dormit & demicas . et si quand● resurrecturum fuerit , viri praeliatores slare vix possunt , gressu vacillāt , rident seruuli dominorum ●pprobrium , manibus suis pertant m●●●em bellatorem , imponunt equo . lt●aque ●u● atque illu● tanquam nauigia sine gubernato refluctuant , & tanquam vulnere icti interram desluunt , &c. ambr. de elia. & ieiun . c. 13. see. basil. de ebriat . & luxu . ser. & puteani comus . d hac non sobrietatis est species , sed bibendi disciplina ambr. ib. e ●ieri non potest , quin tu dum super sanitate aliorum temulenttor bibis , super vita saluteque tua pericliteris : & dum adulatoriam salutem venaris , mortem intercipias : ioan. fridiricus de ritu bibendi , ad san● l. 1. c. 8. f see chrysost . hom. 13. in 1. cor. accordingly . malus est , vel quem malus laudat , vel quem bonus vituperat . plutarch . de vitioso pudore lib. antisthenes cum a malis laudaretur , misere , inquit , metuo ne forte quippiam mali fecerim . diog. laert. lib , 6. antisthenes . g quid nobis prodest si illi nos laudent , quibus placere peccatum est ? quinon alios quam sibi similes laudant ? quidue obest si vituperent hi , quorum non plus vituperatio prodest , quam obest laudatio ? hierom. ad oceanum . epist. tom. 9. p. 253. h quasi aperto gu●gite vtnum tam non ●ibitur , sed infunditur : poculum non libatur , sed exinanitur , ambr. de elia & ieiun . lib. c. 8. mihi non p●culised profluii esse genus videtur , quod in ora heminum tanquam per ●istulas ac canales ●tni funduntur ib. c. 17. i hos homines an vtros vertus existimauerim ? ambr. de elia & ieiun . c. 17. k quid ●e delectant damna sine gratia ? ambr. de elia & ieiun . c. 14. l s● hoc commune omnibus non faciebant actus , commune omnibus faciebat assensus sal● . de gub. dei. l. 7. p. 263 m 2 ioh. 10. 11 n 1 sam. 15. 9 , 11 , 19 , 21 , to 24. o hab. 2 , 15 , 16. p iubet agi qui non prohibet admitti . salu. de gub. dei. lib 7. pag. 266 facientis culpam proculdubio habet , qui quod potest corrigere , negligit emēdare quialatum pandit delinquentibus additum qui iungit cum prauitate consensum . gratian distinctio 86. qui cum possit malum non impedit , mali est actor potius quam qui id facit . thucid. hist lib. 1. pag. 5. qui semen praeb●it , is enatae segitis malorum est auctor . demosthenes oratio de corona . qui non vetat peccare cum possit , iubet . seneca troas act. 2. q esay 3. 9. gen. 18. 21. ier. 6. 15. r hac instrumenta a sobri● conuiuio sunt amandanda , quae magis bestiis quam h●minibus conueniunt , & iis hominibus qui a ratton● sunt alieniores . clem. alex . paedag. lib. 2. c. 4. a mensasua gloriam putant si ex ea omnes vulnerati , acsancii tanquam de arena exeunt . ambr. de elia & ieiun c. 13. b vocatis vt amicos , & emittis vt inimicos : rogas ad iucunditatem , cogis ad mortein ; inuitas ad prandium efferre vis ad sepulchrum ambr. ib. c. 14. c nullus tam grauem iniuriam sanctis hominibus agnoscitur irrogare , quam qu● in eorum nominibus bibendo , per ebrietatem animas suas probantur occidere . august de temp. ser. 232 d dr. halles quo vadis : sect. 21. e 1 sam. 2. 3c . f gen. 18. 20. 21. & 19. 13. hosea 4. 2 , 3 , 11 , &c. g see hab. 2 , 15 , 16. lob 20. 23. deut. 28. 20 , 21 , 22. & 19. 60 , 61. h see losh . 7 , 5 , to 26. ionah 1 , 3 , to 15. 2 sam. 24. 10 , to 18. and many other examples of this nature , where the sins of one man hath drawne gods iudgements vpon others . i ebrietatem sacrisicium putant . ambr. de elia & ieiun . cap. 17. ioan. frid. de ritu . bib. ad san. l. 1. c. 8. 12. p. 67. 68. 104. k sapientes bibunt , vt ne bibant : nebulones bibunt , vt● bibant . iul. scalig. de subtil . exercit. 131 sect. 4. l basil de ebriet . et luxu : sermo . ambr. de elia & leiun . c. 11 to 18. august . de temp. ser , 231. 232. m nos qui sumus genus pacificum , ad vsum , non ad petulantiam & contumeliam conuiuantes , sobriis haustibus amicitiae ergo bibimus , vt verè & cōuenienti nomine appellentur , pocula amicitia . clē . alex. paedag. i. 2. c. 2. excuses for the beginning of healthes answered . n hookers ecclesiasticall policie l. 2. c. 8 see mr. bolton in his walking with god. p. 1. 86. 187. o math. 12. 36. 37. p see aug. de tempore serm. 231. 232. ambros . de elia et leiun . c. 11. to 18. basil. de ebrietate & l●xu . serm. concil . lateran . sub innocentio . 3 c. 15. loan . frid. de ritu . bib. ad san. lib. 1 & 2. accordingly q sigismundus baro de rebus moscouitis . ioan. frid. de ritu . bib. ad san. lib. 1. c. 5. 6 , 7. polyd. virg. de inuent . rerum : lib. 3. c. 5. accordingly . r primum vno , gemino mox calice , inde tribus , pocula siccantur . obsopaeus de arte bib. l. 2. s cito ad m●iora progreditur , qui paru● non formidat . hier. tō . 1. epist . 14. cap. 1. t see basil. de ebrietate ser. ambr. de elia & ieiun . c. 11. aug. de temp. sermo . 231. 232. accordingly . u solent minima paulatim despecta in malum magnum tra●ere . concil . maticonense 2. can. 12. x see vincentius obsopeus de arte biben . di . lib. 3. y cic. tuse . quast . lib. 5. z guagninus rer. polo● . tō . 2. p. 68. cromerus de polonia lib. 1. salomon neugebauerus de polonia l. 1. a domitius libertum suum occidis quod potare quantum iubebatur recusarat . suetonius nero cap. 5. b de ebrietate ad arma consurgunt ; calicibus tela succedunt . provino sanguis offunditur , & apsum sangu●●em vina fuderunt . ambr. de elia & leiun . lib. c. 12. see 4 iacobi cap. 5. c hic si quis calicem conuertat , vrgetur ad potum : si manum reuocat a vine , ori eius infun● ditur . ib. c. 13. d data vina recusa● incutiet capits pocula spreta tue . obsopaeus de arte bib. l. 3. see argument 9. e regum praecessunt imperia amer. vesput . nauigatio , 3. proaemio . excuses for pledging of healthes answered . a inter causes malorum nostrorum est , quod viutmus ad exempla : nec ratione cōponimur , sed consuetudin● abducimur . quod si pauci facerent , nollemus imitari : cum plures faecere ceperint ; quasi honestius sit , quia freqētius , sequimur , & recti apud nos locum tenet error , vbi publicus factus est . seneca epist . 123. b psal. 119. 9. gal. 6. 16. ioh. 5. 39. 2 pet. 1. 19. c phil. 3. 18. 19. 1 iohn 5. 19. psal. 14. 1 , 23. rom. 3. 9 , 11. 12. d neque enim si criminum socium inueneris a culpa liberaberis ; hoc vnum itaque specta vt te a eriminibus exuas . chrysost. hom . 26 in 1 cor. 12. e non debemus attendere quid aliquis ante nos faciendum putauerit , sed quid qui ante omnes est christus , prior fecerit . neque hominis cōsuetudinem sequi oportet sed dei veritatē . cypr. epist. l. 2. epist. 3. f exod. 23 , 2. g math. 7 , 13. h peccantium multitudo non par●s errors patrocinium . hierom. epist , 66. ruffino . tom. 2 p. 231. i rom. 14. 22. k nequaquam nos facere improbos improkitas alien . ● debet : quia quōlibet hominum magis sibi praestare conuenit vt sit honus , quam alteri vt sit malus : & plus id laborandum est vt placeamus deo per honestatem quam hominibus per impuritatem salu. de gub. dei. lib. 7. pag. 236. l see plutarc . de san. tuendae . accordingly . m athenaeus dipnos l. 10. c. 11. plutarch . de ira cohibēda . dialog . plutarch . de sanitate tuenda lib. * ioan. frid. de ritu . bib. ad san. l. 1. c. 10. l. 2 c. 6. n the lord bacons apothegmes . o chrys. hom. hom. 55. et 57. ad pop. antioch . august . de temp. ser. 231 p pietatis genus est , impiū esse pro domino . hier. tom. 1. epist. 23. q acts 4. 19. * nulli dubiū est , eos christo seruire non posse ; qui hominibus potius optant , quam christo placere : contenti ergo interim sumus hominibus duplicere , tantum vt christs placeamus . hier. ad oceanum . ● ep. tō . 9. p. 253 r 1 tim. 2. 1. 2. 3. s see argument 14. t mala hine oriūtur omnia quod non deum sed homines reueremur . chrysost , hō . 12. in 1 cor. 4. u mark. 6. 21. iohn 18. 5. 6. acts 6. 10. 15. a melius er●●● vt caro tua sobria occideretur , quā vt anima tua per ebrietatē m●reretur . de temp. serm. 231. 232. b omni necessitate maior necessitas est salutis , ambr. serm. 62. c acts 4. 19. d luke 14 , 26 math. 16. 25. e nulla est necessitas delinquendi , quibus vna est necessitas non delinquendi . tertul. de corona mil●tis . cap. 11. f gal. 1. 10. 1 cor. 7. 23. 1 pet. 4. 2. 3● 5. g gen. 3. 12. 〈…〉 17. h 1 king. 11. i math. 16. 22 23. gen. 3. 6. 14. act. 21. 12. 13. k in this case of pledging healthes to pleasure friendes , i may truely say : grandis in suos pietas , impietas in deum est . hier. tom. 1. epist. 25. c. 6. l hoc parum non est parum : imo vero est fere totum : citò enim neglectum sit magnum . paru● itaque n●nquam despiciamus , 〈…〉 in magna incidamus . chrysost . hom. 8. in 1 cor. 3. m tertul. de spectac . lib. c. 24. cyril . hierusol . catech. mystagog . 1. aug de symb : ad catechumenos . l. 4. c. 1. salu. de gub. dei. l. 6. p. 190. to 197. cypr. de spectac . lib. chrysost hom . ● . 7. & 38. in mat. lactan. de vero cultis . cap. 20. basil. hexaemeron . hom. 4. clem. alex. orat. exhort . ad gentes & padag l. 3. c. 2. 11. arnob. aduers-gentes . lib. 3. 4. 5. & 7. n ideo tanta infaelicitate se inebriant homines , quia putant ebrietatem aut paruum , aut nullum esse pecca●um . aug. de temp. ser. 232 o nullum culpagenus quod ad deū pertinet leue est du●cendum : quia per dignitatem iniuriam praeferentis , crescit culpa facientis . salu. de gub. dci . lib. ● . p. 203. p mat 12● 36. 37. q eccl. 12. 14. acts 8● 22. psal. 119. 113. r psal. 24. 3. 4. 1 sam. 12. 21. eccles. 6. 12. s qui modica spernit paulatim decidit : si enim curare parua negligimus , insensibiliter seducti , audenter etià maiora perpetramus : esus quippe pot●sque ad lusum impulie , lusus ad idololatriam traxit : quia si in vanitatis culpa nequaquam caute compescitur , ab iniquitate protinus mens incauta deuoratur . gregor . mag. moral . l. 10. c. 13. t periurium ipsum sermonis● genus putant esse , non criminis . christi nomen iam non vedetur sacramentum esse , sed sermo , salu. de gub. dei. l. 4. p. 132. u luke 16. 10. 11. 12. x cum graui dolore amittūtur , quae eum magno amore habentur . minus autem carendo dolemus , qua minus possidendo deligimus . isiod . hispal . de sum. bono . l 3. c. 63. y 1 pet. 1. 18. 1 cor. 10. 35. z mat. 26. 14. 15. & 27. 3. 4. a 1 cor. 6. 12. see ambrose , hierome , chrysostome , theodoret , theophylact , and primasius , on this place . ioan. frid. de ritu . bib. ad san. l. r. c. 14. b 1 pet. 4. 3. 4. c non in lingua , sed in corde christianitas est : nec interest quali vtare sermons : res enim , non verba quaeruntur . lactan. de falsa . sap. l. 3. c. 13. esse christianum grande est , non videri . hierom. tom. 1. epist. 13. c. 3. d temperantia christiana satis none est esse , verum & videri . tertul. de cultu . faem . lib. c. 9. e phil. 2. 15. math. 5. 16. f rom. 12. 2. col. 2. 20. 1 pet. 4. 2. 3. g phil. 3. 19. h facilius illicita timebit , qui lic●ta verebitur . tertul de cult● . faem lib. cap. 7. non cit● ad matora progreditur , qui etiam parua formidat . hier. tom. 1. epist. 14. c. 1. i malorum solatium est bonos carpere , dum peccantidm multituuine putant culpem minci peccatorum . hier. tom. 1. epist. 1 c. c. 4. k 1 pet. 4 4. l iohn 7. 7. i say 29. 2. amos 5. 10. wisd. 2. 10. to 17. omnia tollerare ac perpeti necesse est eos qui veritatem seqūntur , queniam veritas acerba est ac inuisa omnibus qui virtut is expertes vitā suā morteferis voluptatibus dedunt . lact de vera sapientia c. 26. m falsi iusti veris iustis semper inuident , quia moleste ferunt illorum synceritate suam detegi simulattonem : agunt ●gitur omnia vt subarunt gressus bonorum , & emitatores sui faciant , quos ad condemnationem suam dolent esse meliore● . quod cum obtinere non possunt approbriis & criminationibus impetunt innocentium vitam , construentes suter dorsum eorum congertem falsitatum . prospe● aquit . exposit. in psal. 128. & 139. n inuidentia illius d●abolica qua inuident bonis mali nulla alia causae est , nisi quia ill● boni sunt , tilli mali . august . de ciuit. dei lib. 15. c. 5. gen. 3. 15. galat. 4. 29. mat. 5. 11. 12. 1 ioh. 3. 12. 13. o nolunt audire quod auditum damnare non possunt . malunt nescire quiaiam ederunt : quod nesciunt praeiudicant id esse quod si sciant , damnare non poteranz . tertul. apol. adu gent. c. 1. p si iudicas , cognosce , seneca medea . act. 2. non potes dementiam dicere qui reuinceris ignorare tertul. apol. adu : gent. c. 1. q qui auritos tantum testes accipit , vane non sane accipit . philo iudaeus de iudice lib. plus valet ocularis testis vnus quam auriti decem . qui andiunt , audita dicunt : qui vident , plane sciunt . plaut . truculentus pag. 703. a puleius floridorum , lib. 1. iustius est occulta de manifest is praeiudicare , quam manifesta de occult is praedamnare . tertul. apolog. cap. 2. r qui statust aliquid par●e inaudita altera , licet recte statuerit hand aquus est index . seneca medea . act. 2. s deut. 19. 17. 18. iohn 7 50 acts 25 18. t nos quiaserica veste non vtimur , monachs vocamur : quiaebrii non sumus , net nec chach●nno ora dissoluimus , continentes vo●amur & trifles : si tunica non canduerit , statim illud e triuio , impostor , & gracus est . hier. tom. 1. epist. 23. u qui student damnare tanquā nocentes , quos vtique sciunt inno centes conftare de ipsa innocentia nolunt : quasi vero mator iniquitas sit probatam innocentiam damnasse , quā inauditam . lactan. de iustitia lib. 5. c. 1 sic occupant animos & obstruunt pectora vt ant● nos incipiant homines odisse , quam nosse , ne cognitos aut imit●ri possint , aut dam●are non possint , minut. faelix . octauius . pag. 96. x non sit tibi amicus qui re vult deo facere inimicum : qui & tuus & suus est inimicus . aug. de temp. ser. 231 y melius est habere malorum odium , quam consortium . bernard . de ordine vitae . ser. 60. z prou. 28. 23. & 24. 25. & 25 12. a prima virtus est hominis christiani contemnere hominum iudicia , & semper apostoli recordari , dicentis : so hominibus adhus placer● christis serusis non essem . hier. tom. 1. epist. 26. c. 2. b 1 sam. 2. 25. c psal. 6. 3. d heb. 10. 26. 27. nulla est delicti venia , quando sie procedit misericordia , vt eam sequantur peccata . isiodor . hisp. de sum. bono . i. 3. c. 3. 64 a dupliciter reum est qui apertedelinquit , quia & agit , & docet . isiod . his. de sum. bono l. 2. c. 20. b ver● panitens dolet de praeterit is , laborat de futuris caeuendis : vera siquidem penitentia est , sic plangere commissa , 〈…〉 non committantur plaugenda : quoni●m in anis est panitentia , quam sequens coinquinat culpa . bernard , meditat. c. 4. c psal. 16. 4. 1 cor. 10. 21. d qui christianum te esse , dicis , gentilium arma depone , hierom. tom. 2. epist. 6. c. 11. e see 4. iacobi cap. 4. f pleriqu● sacerdotes ac clerici male viuentes , formacaeteris in malum existunt , qui in b●nis esse exemplum debuerunt . isiodor . hisp. de sum bono . l. 3. c. 38. g quando sine nomine contra vitia serib●tur ; qui irascitur , accusator sui est . hierom. adu . ruffin . apolog c. 3. c nemo contra prophetas , nemo contra euangelia facit , sine periculo . concil . aquisgranense can. 61. d in christiano populo vnius faciuus , pestis est multorum salu. de gub. dei. l. 7. p. 264. e forme of baptisme in our common prayer booke . f see dionys. areopag . eccl. hierar . c. 2. 3. 2. 3. tertul de baptismo . & de corona militis lib. cyril hierusol . cateches . mystagoc . 1. hierem. epist. 8. c. 5. aug. de . symb. ad catechumenos . l. 4. c. 1. chrisost hom. 6. in coloss. 2. salu , de gub. de●● . 6. con● constantin●p . 6. in trullo . can. 96. g see argument . 14. h see pag. 18. 19. 39. 40. i multarum gentium 〈…〉 extat perfdia animerum , vt sidem sacramento promissam obseruare contemmant , 〈…〉 ore simulent iuramenti professionem , dum retineāt mēte perfidiae imptetatem . conc. toletanum . 4. can. 74. k non potest erga homines esse fidelis , qui deo extiterit infidus . concil . toletan 4. c. 63. l facile ex amica inimicum factes cui promissa n●● red das . hier. epist. 14. c. 9. 9. m heb. 10. 29. n senec. epist. 83. diodorus siculus . b●blioth . hist. l. 17. sect. 117. quin. curtius , l. 10. sect. 4. plut. alexan. o athenaus dipnos . l. 10. c. 12. mr. beards theater of gods iudgements l. 2. c. 33 p guagninus rerum polon . tom. 1. p. 62. 63. cromerus & neugebauerus . de polon . hist. l. 1. phil. camerarius cap. 12. centur. 11. munster : cosmogr . l. 4. c. 4. q iudicia dei occulta multa , iniusta nulla● august . tom. 7. pars . 2. often . r aspiciunt , oculis superi mortalia iustis . ouid. metamorph . lib. 13. s hinc secula discant , indemitum nihil esse pio , tutumue nocenti . claud de 4. cons. honorij . pan. t ioan. frid de r●tu . bib. ad san l. 1. cap 7. u see byerlin . chronogr . pag. 94. mr. stub● his anatomie of abuses . p. 77. 78. mr. beards theater of gods iugdements . l. 2. c. 33. mr. wards woe to the drunkard . x nec sitis est extincta prius , quam vita bibendo . quid. metamorph. l. 7. non prius peractum est facinus peceantium , quam vlcisceretur poena peccatum . salu. de guber . dei. lib. 1. pag. 38. y mr. stubs his anatomie of abuses . pag. 77. 78 z note hence , that drunkennesse is no apologie , nor excuse for other sinnes that are occasioned in vs by it . a maius periculum est , male viuends , quant cito mortendi . seneca . epist. 58. b cuiuis accidere potest quod cuiquam potest sene. de consolat . ad marciam . cap. 9. oportet vt vna poena teneat obnoxios , quos similis error muenerit implicatos . concil tolitanum . 4. can. 74. c psal. 73. 18 , 19 , 20. iob 21. 13. d aliorum vulnus nostra sit cautio . heirom . tom. 1. epist. 10. c. 4. e eccles. 12. 14. dan. 7. 9. 10. matth. 12. 36. 37. c. 25. 31. to 38. act. 17. 31. rom. 14. 10. 12. 2 cor. 5. 10. reu. 20. 11. to 15. f psal. 1. 5. g quos mane insignes armis , spectaueras , vultis minaces , cosdem vesperi cerna● , sine ferre vulneratos , sine pugna in●erfectos , sine hoste turbatos , sine senectute tremulos , in ipso iuuentut is store marcentes . ambr. de elia , & ieiun . cap. 13. h non vixit iste , sed in vita moratus est : nee sero mortuus est , sed diu . sene. epist. 93. i vere tune vi●ere quisque creditur , si secundum ●eclum mortens , in solo deo viuere delectetur . isiodor . de sum. bono . l. 3. c. 65. k et● sil . de ebriet . & lux. sermo . l psal. 49. 12. 20. m psal. 115. 5 , 6 , 7. psal. 135. 15 , 16 , 17. n 1. pet. 4. 18. o 1. cor. 6. 10. gal. 5. 21. reu. 22. 15. p dan. 7. 9. 10. matth. 21. 31. 1. thes. 4. 16 , 17. 2. thes. 1. 7. 89. iude 14. 15 q phil. 4. 5. iam 5. 8. 9. 2. pet. 3. 9. reu. 3. 11. cap. 32. 2● r vt esset sobrietatis exemplum , qui fuerat ante● ebrietatis lud● brium . ambr. de elia & ieiun . cap. 12. s qui voluntatem dei spreuerunt inuitantem , voluntatem dei sent●ent vindicantem . prosper . resp. ad obiect . 10. vincent . t pereant sibi soli qui periro voluerunt . cypr. epist. lib. 1. epist. 8. a rational account why some of his majesties protestant subjects do not conform to some exuberances in, and ceremonial appurtenances to the common prayer published for the instruction of the ignorant, satisfaction of all contenders, and the churches union in gods publick worship. prynne, william, 1600-1669. 1673 approx. 366 kb of xml-encoded text transcribed from 80 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-10 (eebo-tcp phase 1). a56195 wing p4048 estc r7507 12380222 ocm 12380222 60740 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56195) transcribed from: (early english books online ; image set 60740) images scanned from microfilm: (early english books, 1641-1700 ; 223:7) a rational account why some of his majesties protestant subjects do not conform to some exuberances in, and ceremonial appurtenances to the common prayer published for the instruction of the ignorant, satisfaction of all contenders, and the churches union in gods publick worship. prynne, william, 1600-1669. stucki, johann wilhelm, d. 1607. antiquitatum convivialum. liber 2, cap. 26, de vestitu conviviali. [12], 136 p. [s.n.], london : 1673. epistle dedicatory signed: william prynne. "an appendix to the fourth section concerning white, black and other coloured garments" (p. 113-136) includes johann wilhelm stuck's antiquitatum convivialum. book 2, cap. 26, de vestitu conviviali. reproduction of original in british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of england. -book of common prayer. church of england -customs and practices. 2005-12 tcp assigned for keying and markup 2005-12 aptara keyed and coded from proquest page images 2006-11 ali jakobson sampled and proofread 2006-11 ali jakobson text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion a rational account why some of his majesties protestant subjects do not conform to some exuberances in , and ceremonial appurtenances to the common prayer : published for the instruction of the ignorant , satisfaction of all contenders , and the churches union in gods publick worship . rom. 4. 13 , 19. let us therefore follow after the things which make for peace , and things werewith one may edifie another . let us not judge one another any more , but judge this rather , that no man put a stumbling-block , or an occasion to fall in his brothers way . phil. 2. 1 , 2 , 3 , 4. if there be therefore any consolation in christ , if any comfort of love , if any fellowship of the spirit , if any bowels and mercies , fulfill ye my joy , that ye be like minded , having the same love , being of one accord , of one mind . let nothing be done through strife or vain-glory , but in lowliness of mind let each esteem other better then himself . look not every one on his own things , but every man also on the things of others . london , printed , and are to be sold by booksellers in london and westminster-hall , 1673. to the kings most excellent majesty , charles the iid . by the grace and admirable providence of god , of great britain , france and ireland king , defender of the faith ; and all syncere professors of it , within his dominions . having had the honour on last easter-eve , to present your majesty with a brief account of my service that week in the almost-accomplished great good-work of paying and disbanding your majesties army and navy ( which for 7. months space ingrossed all my time from morning till night , and oft till midnight ) to your majesties great content , and your peoples ease from future incessant heavy monthly taxes ; i humbly crave leave to prostrate at your royal feet my easter-holy-dayes studies , to exonerate the backs of hundreds , and truly tender consciences of thousands of your loyal , pious , sober-minded protestant subjects of all degrees , from some exuberances in the common-prayer book , and superfluous ceremonies , vestments attending it , ( which give them offence , and may well be laid aside , if your majesty and your approaching parliament shall judge convenient ) for our churches future peace , union in gods publick worship , in pursuance of your majesties late most gracious , pious , prudent , elegant declaration to all your loving subjects of your kingdom of england and dominion of wales , concerning ecclesiastical affairs , which gave life and birth to this publication . it is very observable , that albeit the a popes of rome , and their flatterers , hold themselves infallible in their chair , and their church , councils inerrable , yet they all accord , that their publike missals , liturgies , though made , confirmed by their joynt advice with greatest care and diligence , are amendable , alterable upon just occasions . witnesse their late council of b trents decree for the correction , amendment of their formerly established catechism , missal , breviary ; and the subsequent amendations of them , and institution of a new masse book , by pope pius the 5. with the advice of learned men , expressed in his bull dated at rome july 1557. praefixed to missale romanum , ex decreto sacro-sanctii concilii tridentini restitutum ; pii 5. pontificis maximi jussu editum , printed at rome that year : enjoyned by that bull , to be universally observed , without any subsequent addition , alteration , or mutation , under pain of his papal indignation : yet notwithstanding by another bull of his own , dated at rome 17 december 1570. beginning with this memorable clause ; c for this purpose god hath anointed us with the oyl of gladnesse , and made us partakers of his inheritance , that being called to his priesthood like aaron , we should not only wholsomly order those things which pertain to divine worship , but should also more wholsomely moderate those things which have been formerly enacted by us , and moreover alter and dispose of them , as upon serious consideration of things and persons , we discern to be wholsomly expedient in the lord ; he did ( upon this account ) by reason of some difficulties concerning the use of this new missal , arising in the kingdom of spain , tendred by some grave men sent to him from philip their catholike king , to which he gave undoubted credit ; of his own meer motion , without the instance of any petition tendred to him thereupon , out of his certain knowledge and plenitude of apostolical power , think fit to reform several things in this new missal , as to the kingdoms of spain , and alter , dispense with it in no lesse than 21. particulars ( expressed in this bull ) notwithstanding all his former bulls and prohibitions to the contrary . after which pope gregory the 10. his immediate successor , by another bull ( dated at rome 30 december 1573. ) to take away some other new scruples and differences about this missal in the said kingdoms of spain , ( upon the motion of other delegates sent thence from that same king philip ) granted several other dispensations and amendments of this missal in sundry particulars , comprised in his bull ; notwithstanding his predecessors letters , and all and singular clauses , prohibitions , and decrees to the contrary ; which two bulls of theirs , are printed before missale romanum , &c. cum licentia & privilegio , salmanticae 1589. some thirty years after pope clement the 8. observing divers errors to be crept into this missal of pope pius the 5. by the trent councils decree ; through the printers errors , and some alterations in the epistles , gospels , psalms according to the vulgar edition different from the original text , commanded his learned cardinals to revise and correct this missal according to the original copy of pius quintus : d which task they undertaking , put some things into better form in the missal it self , and expressed some things more clearly and fully in the rules and rubricks ; which being notwithstanding deduced from their principles and foundations , may seem rather to imitate and supply their sense , than to induce any innovation . which being thus revised , amended , enlarged with new masses for new canonized saints , and proper masses of saints , expressed at large for the easier benefit of those who celebrated them , he caused to be most exactly printed in the vatican , and published for the common good , in the year of our lord 1604. as he declares in his bull praefixed to this missal dated at rome the 7. of july the same year , with this additional title ; — missale romanum ex decreto sacro-sancti concilii tridentini restitutum , pii 5. pont. max. jussu editum ; clementis 8. auctoritate recognitum . et cum missis novis de sanctis à paulo 5. gregorio 15. & s. d. n. urbano 8. ordinatis . missae propriae de sanctis omnes ad longum positae sunt pro faciliori celebrantium commoditate . if therefore the council of trent it self thought meet to reform the antient roman catechism and missal formerly established , e into which it confesseth , either by the vice of times , or unwariness or dishonesty of men , many things had crept , which were far from the dignity of so great a sacrifice , and had need to be reformed , that due honour and worship to the glory of god and edification of faithfull people might be restored to it . yea , to set out a new masse-book by authority of pope pius the 5. and this pope , within few years after , held it necessary and expedient to make some alterations , and dispence with other things in it , relating to the kingdoms and church of spain ; and pope gregory the 13. within 3. years after , to dispence with some other formalities and rubricks thereof upon the same reason . and pope clement the 8. ( about 30. years after ) held it necessary to revise the whole masse-book , to correct the printers errors , the mistranslations of the epistles , gospels , psalms therein varying from the original text ; and adde new rules , rubricks to it , explaining , supplying the defects of the former , together with new masses , for new saints , notwithstanding all former printed bulls , prohibitions , decrees , to the contrary , and the pretended infallibility and inerrability of their chairs , church , councils ; then by the self-same presidents and better reasons , your majesty , with advice of your pious , learned divines and parliament , who have by f law established these articles of our churches belief ( to which all bishops , ministers have subscribed ) g that ( not only popes , but ) general councils may erre , and sometimes have erred , even in things pertaining to god. that it is not necessary that traditions and ceremonies be in all places one , or utterly like ; h for at all times they have been divers , and may be changed according to the diversity of countries , times , and mens manners , so that nothing be ordained against gods word . every particular or national church , hath authority to ordain , change and abolish ceremonies or rites of the church ( and liturgies too ) ordained only by mans authority , so that all things be done to edifying ; may with much more justice , piety , prudence reform all errors , mistranslations of the epistles , gospels , psalms , and obsolete or unfit expressions in the book of common prayer , * twice altered , reformed in some particulars , in few years after its first publication by authority , acts of parliament ) yea , change , abolish such unnecessary rites , ceremonies attending it , which have given just offence , & occasioned much schism , dissention in our church between the protestant members of it , as well of the clergy as laity , ever since its first establishment in the 3d. year of k. edw. the 6. till this very day , and will do so in perpetuity , if not removed by your majesties piety and wisdom , according to the purport of your late incomparable declaration ( for which the whole house of commons and all your protestant subjects whom they represented , returned your majesty their most cordial , publike thanks by their * speakers own mouth ) the blessed fruits whereof they all now hope and long to reap ; not only without the least prejudice to our religion , church , & main fabrick of the former liturgy , but with great advantage to them all . it is a received maxim among all polititians , artists , that no human institution , laws , inventions , edifices are so absolutely exact , usefull , wholesom , necessary , but that they may upon just reasons of policy , piety , sundry emergent occasions and necessities be amended , altered , with wisdom , honour , safety , and publick utility . your majesty since your most happy miraculous restauration , have with great prudence and glory , made some laudable alterations in your royal palaces , walks , parks , of whitehall , hampton-court , and in westminster hall it self , as well for conveniency as delight ( though very noble , usefull , compleat before ) without any prejudice to their structures , foundations , soile : and those bishops , deans and chapters who seem most opposite to the least alterations in our publike liturgy or ceremonies , have yet very much altered , improved their old rents ( and tennants likewise ) to which they will not be confined by your majesties late declarations , or commissions : yea they daily violate and dispence with the very rubricks in the common prayer book , and several * acts of parl. by selling licenses to marry all sorts of people for filthy lucre , without asking the banes three several sundayes or holy-dayes in time of divine service , the people being present , after the accustomed manner ; in reading the epistle , gospel and second service at the communion table when there is no communion ; and in not receiving the communion in their cathedral churches every sunday at the least , though they have no reasonable cause to the contrary , as the rubricks enjoyne them . and may not your sacred majesty then with as much wisdom , honour , and all your bishops and cathedral clergy-men with farre more piety , justice , prudence , ( in obedience to your late royal declarations and engagements to all your subjects ) dispence with the oath of canonical obedience , the use of surplisses , and other ceremonies for which there is no rubrick , statute , or known law of the land ; the reading of psalms , epistles , gospels in the church , according to the new translation of your royal grandfather of famous memory , king james ; yea freely admit of all able , godly ministers ordained only by presbyters during the late unhappy differences and confusions of government , to benefices , fellowships , lectures , cures of souls , without a re-ordination by bishops , as well as admit reclamed popish priests ordained by bishops in the church of rome , without the least opposition , contest , for future peace , amity , unity between all your protestant subjects of different perswasions in these dividing particulars ? to facilitate , promote this much desired work , i have spent my few vacant holy-day hours in compiling this seasonable , short , sober , pacifique examination , consisting principally of 4 particulars ( discussed in several sections ) to wit ; the use , and frequent repetition of gloria patri ; standing as it , and at gospels , creeds , wearing of surplisses , with other pontifical & sacerdotal vestments in the celebration of divine service and sacraments ; in the last whereof ( because most peremptorily insisted on from pretended grounds of scripture , reason by many romanists , and some protestant prelates , and * divines ) i have most expatiated , i hope , without the least offence to moderate sober christians , or your sacred majesty , and good satisfaction to all judicious perusers . wee all use to alter the proportion , matter , quality , fashion , number of our garments , attires , according to the several ages of our lives , the seasons of the year , the temper of the climates where we live , and extraordinary occasions of solemnitie , joy , grief or humiliation ; not only without offence to others , or prejudice to our healths , lives , but with much applause , and that for the necessary preservation both of health , life , and humane society . the like we do in our corporal food : why may not we then use the same liberty ( by your majesties and your parliaments publick authority or indulgence ) in the controverted case of ecclesiastical garments , ornaments , food , now under publick consideration , provided alwayes they be a decent , orderly , wholesom , and b not repugnant , but agreeable to the holy scriptures ? if this poor mite , ( humbled presented to your all-piercing favourable eye , and gracious acceptation , as a monument of my bounden homage to your sacred majesty , at this most joyfull ; triumphant solemnity of your coronation , ( the * form whereof i humbly dedicated and presented to your majesty soon after your glorious return to your royal pallace ) shall contribute any assistance to the accomplishment of your majesties healing , uniting design of all disagreeing parties in points of ceremony , liturgy , worship , ( the only end of its compiling and publishing ; ) i shall heartily blesse god for its good success , and alwaies continue my cordiallest daily prayers to the a king of kings , for your majesties long , most pious , just , peaceable , glorious reign over all your dominions upon earth , for the advancement of the true reformed religion , the protection of all real , zealous ministers , professors of it , and all your subjects tranquillity , felicity : till you shall exchange that fading b crown of pure gold , ( which god himself hath now set upon your anointed head , to the unspeakable joy of all your loyal subjects , maugre all oppositions , conspiracies of men or devils to prevent it , and that with greater magnificence , splendor , than any of your royal progenitors have been crowned ; which god grant you alwaies to wear with most transcendent renown ) for an eternal c crown of glory in the highest heavens , which fadeth not away . your majesties most humble , devoted subject and servant , william prynne . lincolnes inne , apr. 23. 1661. a short , sober , pacifique examination of some exuberances in , and ceremonial appurtenances to the common-prayer . although i have in my judgement and practise alwayes approved the use of set-forms of publick prayers , and administration of the sacraments in churches , as warranted by a scripture , the antient practise and b liturgies of the greek , latine , gothick , aethiopick , and other churches ( some whereof are spurious impostures , others interlaced with modern sophistications and superstitions by popish innovators ) and of all or most churches at this day throughout the christian world , whether episcopal or presbyterial , papists , or protestants ; and albeit i was never an oppugner of , or seperatist from the book of common-prayer , and administration of the sacraments , established in the church of england , whereunto i have constantly resorted ; yet i must ingeniously professe i am clear of opinion , 1. that a set sta●ding form of common-prayer and sacramental administrations , is not absolutely necessary for the being , though c convenient for the well-being , and unity of a national church . therefore not to be prescribed as a thing of absolute indispensable necessity ; but only of conveniency , decency , as tending to publick unity . 2. that there are and may be d several set-forms of publick , as well as of private prayers and devotions , used in several provinces , kingdoms , national churches , and that all churches , nations are no more obliged to used one form of publick prayer and administration of sacraments , than all private christians are to use the self-same form of private prayers in their several families , closets , or one kind of grace before and after meat : but are all left at liberty to embrace or establish what forms they deem most beneficial for the peoples spiritual edification , best conducing to their salvation , and union in gods publick worship . 3. that no one form of publick liturgy is so compleat , exact , or unalterable , but that upon grounds of piety , prudence , and sundry emergent occasions , it may be altered , e varied , amended , or totally set aside ; and a new form of common-prayer established in its stead ( as f pope pius the 5. and clement the 8. acknowledg ) being only of human and ecclesiastical , not divine institution . 4. that the prescription or use of set-forms of publick prayers ought not to suppresse , discontinue , interrupt , or disparage the exercise of the gift or grace of conceived , extemporary prayers or thanksgivings by ministers and other christians in publick or private upon ordinary or extraordinary occasions ; nor yet to hinder or disturb the constant preaching of the word in season , and out of season ; as is evident by the whole book of psalmes the g special prayers and thanksgivings of moses , david , solomon , nehemiah , ezra , hezekiah , ●a●iel , jeremiah , in the old , and of h christ and his apostles , recorded in the new testament ; being all compiled and used upon extraordinary occasions ; the i publick prayers in the primitive church never secluded or diminished the use of private conceived prayers or preaching ; therefore they should not do it now . 5. that the bare-reading or chanting of common-prayers in the church ( which every parish-clerk , chorister , singing-man , scholar , or parishioner who can read , may and can perform as well as any archbishop , bishop , dean , prebend , or minister ; ) and wearing of canonical vestments is no principal part of a bishops or ministers duty , as many now of late suppose it : but only the a constant , frequent preaching of the gospel , and administration of the sacraments ; wherein too many bishops and ministers are over-negligent , as if it were the least part of their function ; when as their ministerial and episcopal office consists principally therein ; as is evident by christs own first and last missions of , and charges to his disciples , goe ye into all the world and preach the gospel to every creature , teach all nations , baptising them in the name of the father , and of the son , and of the holy ghost ; teaching them to observe all things whatsoever i have commanded you . by b christs and his c apostles daily constant preaching the gospel publickly , and from house to house , in all places where they came , without intermission , by pauls asseverations , d christ sent me not to baptise , ( that is principally , or in the first place , nor yet to read , or chant common-prayer in a cathedral tone ) ●ut to preach the gospel . for though i preach the gospel , yet i have nothing to glory of , for necessity is laid upon me , yea , wo is unto me if i preach not the gospel ; and that dreadful injunction of god himself by paul to timothy , ( whom our a bishops and their chaplains , as well in their late as former consecration sermons and discourses , will needs make to be a diocaesan bishop or metropolitan by divine institution , upon whom they found their episcopacy , and therefore must be equally lyable to this injunction , as well as timothy ) b i charge thee therefore before god , and the lord jesus christ , who shall judge the quick and the dead at his appearing , and his kingdom , preach the word be instant in season , out of season rebuke , reprove , exhort with all long-suffering and doctrine , do the work of an evangelist , make full proof of thy ministry . ; thus seconded by his charge to the bishops of ephesus , c take heed therefore unto yourselves , and to all the flock over the which the holy ghost hath made you bishops to feed the church of god ( by teaching publickly , and from house to house ) which he hath purchased with his own blood . the due consideration whereof should terrifie and amaze all non-preaching , or rare-preaching bishops and ministers , who● by their curates or choristers read● or sing common-prayers once or twice every day or lords day at the least , and yet seldom personally preach the gospel to their people once a month , quarter , year ; yea cry up common-prayers to suppress frequent constant preachings ; when as the d council of trent it self resolves , that preaching of gods word is the principal part of a bishops office , and belongeth chiefly to bishops ; whereupon it enjoyns them , and the parish-priests throughout their diocess , to preach every lords day , and holy day , and in the time of fasts , lent , and advent , to preach the word of god daily , or at least thrice a week , and at all other times whenever it may be oportunely done , for the salvation of their people , whom they are diligently to admonish , that they repair to the church to hear gods word , when ever they can conveniently do it . yea e bernardinus senensis , a famous popish fryer , is not afraid to assert , that the people are more obliged to hear , and priests to preach the word of god , than to hear or say masse ; and that experience manifests , that the people will incomparably suffer more prejudice both in faith and manners , and grow more void of the fear , love , knowledge of god , and veneration of the● sacraments , and more over-grown with the stench and horror of sinnes , by the want of preaching , than by the want of masse and common-prayer ; concluding , sic utique est populus sine divino verbo licet etiam missae frequententur , sicut mundus sine sole , that the people without the preaching of gods word , although they frequent masse and common-prayers , will be but like the world without the sun. and therefore all our bishops , ministers should much more diligently press and apply themselves to the diligent frequent preaching , and all people to the assiduous hearing of gods word , than to the reading or hearing of common-prayers , which too many esteem the principal means to instruct and save their souls , and more necessary than preaching of the gospel of christ , though a the power of god unto salvation , and principle means of faith , of converting and saving the souls of those who believe it . 6. that there are some things in the book of common-prayer very necessary and fit to be amended ; as 1. the mis-recital of ezech. 18. 21 , 22. in the very beginning of the book , which many much abuse , to the deferring of their repentance . 2ly . the continuance of the old english translations of the psalmes , epistles , gospels , and other texts of scripture , according to the versions of mr. tyndal , thomas matthews , and mr. coverdale , which are not so exact , so agreeable with the original , and dialect of this age , as the more compleat , refined translation made by king james his command , now onely read and used in our churches , and most private families : therefore most fit to be used , and henceforth inserted into the common-prayer-book , to take away all former controversies and exceptions against the old translation , as well by mr. thomas cartwright , the lincoln-shire-ministers , altare damascenum , the assembly of perth , and others heretofore , and of a sundry ministers of late times ; especially against that of ●sal . 105. v. 28. ( occasioned by the printers omission of one syllable , to wit , obedient , for disobedient , ) not the translators . only i shall observe , that the old translation of phil. 2 ▪ 10. in the epistle for palm-sunday ; according to the greek original , all latin translations but one , all english versions whatsoever but the geneva , and that of king james , ( which ought to be amended in this particular ) truly rendred the words , that in ( not at ) the name of jesus every knee be bowed , or should bow ( in the passive , not active verbe and sense ) of things in heaven , and things in earth , and things under the earth , &c. till corrupted and turned into a ( not in ) the name of jesus every knee should bow , &c. in the active not passive signification , by dr. cosins , about 25. years past : expresly against the original , the latin , and most other translations whatsoever , the old english translations of trevisa , tyndall , matthews , c●verdale , the bishops bible , dr. fulke , mr. cartwright , the epistles and gospels printed in english at paris , anno 1558. yea against the very sense and scope of the text it self , and our english dialect ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in nomine , &c. being never rendred or translated at , but in the name alone , in all texts , liturgies , collects , writs , warrants , histories , authors whatsoever ; and the phrase ●t the name , never heard of , read , used in any english , latin , greek , hebrew syriack , arabick , french , spanish , italian , german , sclavonian , or other writer whatsoever , but only in this text ; and all to justifie the ceremony of bowing the head , and putting off the hat at the sound , or hearing of the name jesus : first introduced and prescribed by pope gregory the 10. about the year of christ 1272. at the reading of the gospel only ; after that enjoyned by other popes , popish canons , decrees and masse-books , with indulgences annexed for the users thereof to induce them thereunto ; though never intended nor prescribed by this text , nor practised in the primitive church for above 1200 years space , nor in the reformed churches abroad , nor enjoyned by the common-prayer-book , or any injunctions or canons of our church confirmed by parliament , to make them valid , as i have a elsewhere proved at large . 3ly . the frequent repetition of the lords prayer , purposely instituted , prescribed to prevent much babling , and vain repetitions in prayer , ( in b use only among the heathens , who thought they should be heard for their much speaking ) expresly prohibited by our saviour , mat 6. 7 , to 16. and by eccle● . 5. 1 , 2. prov. 10. 19. which repetitions seem to countenance the c papists vain battologies and abuse of the lords prayer in their m●ssals , offices , rosaries , psalters , beads , by many successive rehearsals thereof , against the express command and institution of christ . 4ly . the often rehearsals of good lord deliver us ; wee beseech thee to hear us good lord , by all the people in the reading of the letany : which antiphonies and responsals between minister , clerk and people ( except d amen at the cloze of every prayer ) have no precept nor president in scripture or solid antiquity , but only in popish missals , pontificals , offices , processionals , ceremonials , psalters , primers . and the interposition of it no lesse than twice , in the midst of the letany , and prayer for the king , dividing it into three parts ; seems not onely superfluous , but incongruous and ridiculous to many . i shall not at all insist upon kneeling at the sacrament , the crosse in baptism , the king in mariage , for which there is neither command nor example in scripture or the primitive church next after the apostles , which mr. cartwright , mr. knewstubs , the lincolnshire ministers , mr. parker , mr. paybody , doctor john burgesse , archbishop whitguift , master hooker , doctor prideaux , and sundry others have at large debated , pro & * contra , and may be omitted , or left arbitrary to all ; but only confine my self to some few particulars , which others have but slightly touched , not satisfactorily discussed . sect . 1. of the frequent repetition of glory be to the father , &c. at the end of every psalm , and in the middest or end of some prayers , canticles , songs , scriptures , to which god never annexeth it ; and at the close of athanasius his creed . the first thing i shall here examine , is the reasonablenesse , and grounds of this rubrick in the beginning of the book of common-prayer ; at the end of every psalme throughout the year ; and likewise at the end of benedictus , benedicite , magnificat , nunc dimittis , ( and after o lord make hast to help us , quicunque vult , o lord arise help us , and deliver us for thy name sake , the psalm for the churching of women , &c. ) shall be repeated , glory be to the father , and to the son , and to the holy ghost ; as it was in the ●●●inning , is now , and ever shall be world without end . amen . which is repeated ( especially where the psalms are short ) six or seven times one after another every morning , and as oft at evening prayer ; and that by way of antiphony and respousals both by the minister , clerk and people , though the rubrick prescribe it not , but only orders the priest to say it , without the people or clerk. this rubr●ick and practise seems very needless , superfluous , unreasonable , offensive , unlawfull , and fit to be redressed , to many judicious , conscientious , sober christians who resort to common-prayers , as well as to seperatists from them , upon these ensuing considerations . 1. god himself never prescribed this form of doxalogie , nor annexed it to the end of any one psalme , much lesse of every parcel of scripture , song or canticle , to which the rubrick , and common-prayer-book inseparably annex it , when read in churches morning or evening all the year long without omission or intermission ; which seems to many to be an addition to gods sacred word ( of which the ignorant vulgar , and ignorant priests repute it a part as they do the post-scripts to pauls epistles ) expresly prohibited by god himself , deu. 4. 4. 2. c. 12 ▪ 32. josh . 1. 7. prov. 30. 6 rev. 2. 18. ye shall not add to the word which i command you , nor diminish from it , that you may keep the commandment of the lord your god. adde thou not unto his words , lest he reprove thee , and thou be found a lyer . if any man shall adde unto these things , god shall adde unto him the plagues which are written in this book . yea , a making of our selves wiser than the * only wise god , who would have added glory be to the father , &c. to the end of every psalm , song , scripture , had he reputed it necessary or expedient for us to use and repeat it , when they are publickly read in the time of his solemn worship . 2. it seems to be a mere humane-invented will-worship and tradition , never particularly prescribed non required in any part or text of scripture , in regard of manner , form , or frequent usage ; and so condemned by matth. 15. 9. in vain do they worship me ; teaching for doctrines the commandements of men . isay . 1. 12 , 13. who hath required this at your hands ? bring no more vain oblations , i am weary of them . col. 2. 20 , 22 , 23. wherefore if ye be dead with christ from the rudiments of the world , why as though living in the world are you subject to ordinances , after the rudiments and doctrines of men ; which things have indeed a shew of wisedom in will-worship , and humility . 3. it was never thus used by gods people in any parts of his publick worship in the old , or new testament , nor by any of the apostles , primitive churches , bishops , or christians for above 300. years after christ ; therefore not just to be so peremptorily enjoyned or practised now . e al●uinus , f mat. westminster , mr. g fox , h others relate , and mr. i hooker , dr. k boyes confess pope damasus in the year of our lord 376. ( or st. jerom at his request , as some fable ) was the first who introduced glory be to the father , and to the son , and to the holy ghost , appointing it to be repeated in the church at the end of the psalmes . and l laurentius bochel●us informs us , that as it was in the beginning , is now , and ever shall be , &c. was added to gloria patri long after , by the 2 d. provincial council of vasio in france , in the year of christ 450. not before ; seeing then god himself commands us , m to stand in the wayes , and ask for the old pathes , where is the good way and walk therein , and ye shall find rest for your souls ; and to keep the old commandement , even the word which we have heard from the beginning ; and n tertullian assures us , illud verius quod antiquius ; we ought not to follow this innovation so long after the apostles time , introduced by a popes authority . 4. it was first inserted into , and prescribed to be used in and by popish missals , and mass-books after every psalme , hymne , prayer , in the self-same manner as it is in the common-prayer-book , into which it was originally transplanted out of these * romish missals ; as is evident by officium , & processionale secundum usum sarum , missale romanum , ex decreto sancti concilii tridentini restitutum pii 5. pontificis max. jussu editum . salmanticae 1588. rubricae generales missalis . missale romanum , clementis 8. aucthoritate recognitum . antuerpiae 1630. & * al●uinus ; pontificale & caeremoniale romanum . 5. the frequent use and repetition of it after every psalm , hymn , some prayers , creeds , at least 8. or 9. times every morning prayer , seems to be a vain babling and repetition , prohibited by eccles . 5. 1 , 2. prov. 10. 19. and matth. 6. 6 , 7 , 8. and an imitation , if not justification of the papists use of the ave mary after every pater noster , which they have annexed to the lords prayer , as well as gloria patri to the end of every psalm and sacred hymn , with an addition to the ave maria it self ; which makes it a o prayer to her ; when as in it self it is but a bare salutation , and prayer for her . 6. this daily use and frequent repetition of gloria patri , &c. is a mere unnecessary superfluity and exuberancy which may well be spared : for if it were originally introduced & still continued in the church only as a paraphrastical exposition of ro. 11. 36. * to manifest our sound judgement concerning the sacred trinity against the arrians ; as p mr. hooker , q dr. boyes , and other patrons of it affirm . and if as it was in the beginning , &c. was superadded thereunto by the 2 d. provincial council of vasio , and yet continued , by reason of the incredulity and craft of hereticks , who blasphemously affirmed , dei filium non semper cum patre fuisse , sed à tempore caepisse ; that the son of god was not alwayes with the father , but to have his beginning from time , as this council and r bochellus assure us ; it is then humbly submitted to the judgement of all impartiall christians who acknowledge , glorifie , and worship the trinity in unity , and believe the eternity of our saviours generation : whether the single rehearsal of one or more of these sacred texts of scripture at the beginning , middle , or end of morning or evening prayer , viz. 1 iohn 5. 7. there are three that bear record in heaven , the father , the word and the holy ghost , and these three are one , mat. 28. 19. all power is given unto me both in heaven and earth ; go therefore and teach all nations , baptising them in the name of the father , and of the son , and of the holy ghost . rev. 4. 8. holy , holy , holy lord god almighty , which was , and is , and is to come . iohn 1. 1 , 2. in the beginning was the word , and the word was with god , and the word was god ; the same was in the beginning with god. heb. 13. 8. jesus christ , yesterday , and to day , and the same for ever : rev. 1. 8. i am alpha and omega , the beginning and the ending saith the lord , which is , which was , and which is to come . rom. 9. 5. christ , who is over all , god blessed for ever . amen . prov. 8. 22. 23. the lord possessed me in the brginning of his way , before his works of old : i was set up from everlasting , from the beginning , or ever the earth was : when there were no depths , i was brought forth ; before the hills was i brought forth , &c. when he appointed the foundations of the earth , then i was by him , as one brought up with him , i was daily his delight , rejoycing alwayes before him . whether these texts rehearsal would not far more clearly , satisfactorily manifest , testifie our judgement concerning the right worship , eternal being , generation , and deity of christ , than this invention and frequent repetition of glory be to the father , &c. being no canonical scripture as these texts are , and a mere humane invention ? ( wherein the * first inventors were much divided among themselves . ) besides , the soundnesse of our faith in the blessed trinity , and our saviours eternal generation , is more fully , clearly expressed every morning and evening prayer , by the rehearsal of the apostles , the nicene , athanasius creeds , inserted into the common-prayer-book , by the very beginning of the letany read every lords day , friday and wednesday ; by the form of baptism constantly used every day in great parishes , and by the psalms , lessons , collects , epistle and gospel on trinity sunday , than by gloria patri , &c. therefore it may very well be spared as a needless superfluity in our church . 7. this addition to gloria patri by the council of vasio , as it was in the beginning , is now , and ever shall be , world without end . amen . on purpose to expresse the eternal being and generation of christ , and refute those heretiques who denyed it , if judicially examined , is very defective in it self , and incongruously annexed to glory be to the father . for 1. there is no mention at all of christ , not one syllable in it concerning his eternal generation , as there is in prov. 8. john 1. and other fore-cited texts . 2ly . it seems clearly to exclude christ , and to relate to something else ; as it ( not christ ) was in the beginning , is now , and ever shall be , imports . 3ly . christs eternal generation in the beginning , cannot properly be said , is now , and ever shall be world without end , without some incong●uity and contradiction . 4ly . as it is coupled with the precedent clause , glory be to the father , and to the son , and to the holy ghost , it must * necessarily relate to the three persons alike , and not to christ alone , much less to his eternal generation , of which there is no mention in the first clause . for since the father and the holy ghost are not begotten , but only the son ; and this clause refers to the father and holy ghost as much as to the son ; it cannot peculiarly express or declare the eternal generation of the son , but rather the eternal being and immutability of the father , son , and holy ghost , in a true grammatical and logical construction . 5ly . any heretique may easily evade this clause by applying it onely to the father , who is first , or to the holy ghost , last mentioned in gloria patri , and not to the son. 6ly . the illiterate vulgar , yea ignorant reading priests , vicars , atheists , do no waies understand it of the sons eternal being and generation , but rather in a literal and quite other sence , than the original contrivers of it intended , even according to the sence and language of those atheistical s●●f●ers prophecyed of by st. peter in these last dayes , ( who hold the world to be eternal , and to have no end , contrary to psal . 102. 25 , 26 , 27. hebr. 1. 10 , 11 , 12. isay 34. 4. mar. 13. 19 , 40 , 49. c. 34. 3 , &c. 1 pet. 4 7. 2 pet. 3. 6 , to 14. rev. 6. 12 , 13. ) saying , where is the promise of christs coming ( to judgement ) for since the fathers fell asleep all things continue as they were from the beginning ; and do so now , and ever shall do world without end ; whose atheistical scoff and opinion these words do more serve to justifie and corroborate , than the eternal generation of our saviour ; therefore not fit to be still continued in our church now there are so many atheists , prophane sco●fers and deriders of christ's second comming , and the worlds approaching dissolution , whom peter largely refutes , 2 pet. 3. 6 , to 14. 8. if the use of gloria patri , &c. was first instituted and inserted into publick liturgies ( as some conceive ) to render glory and praise to god , and the trinity in unity ; no doubt this may be far better , and more effectually performed without the least exception , by the recital of the song of the angels and heavenly host , at our saviours nativity , luke 2 14. and that of luke 19. 38. glory to god in the highest , &c. ( inserted into the common prayer , and repeated at every celebration of the lords supper , with some additions of like nature ) prescribed to be used in churches and liturgies by * pope telesphorus , in the year 139. long before the invention or prescription of gloria patri , by pope damasus . of rom. 11. 36. of him , and through him , and for him are all things , to him be glory for ever amen , of which doctor boyes and others make glory be to the father , &c. a mere paraphraitical exposition , gal. 1. 4 , 5. according to the will of god , and our father , to whom be glory for ever and ever amen . 1 tim. 1. 17. now unto the king eternal , immortal , invisible , the only wise god , be honour and glory for ever and ever amen . 2 tim. 4. 18. and the lord shall deliver me from every evil work , and will preserve me unto his heavenly kingdom , to whom be glory for ever and ever amen . heb. 13. 20 , 21. now the god of peace , that brought again from the dead our lord jesus , &c. make you perfect in every good work to do his will , working in you that which is pleasing in his sight , through jesus christ , to whom be glory for ever and ever amen . rom. 16. 27. to god only wise , be glory through jesus christ for ever , amen . 1 pet. 5. 10 , 11. 〈◊〉 the god of all grace , who hath called us into his eternal glory through jesus christ , make you perfect , stablish , strengthen , settle you ; to him be glory and dominion for ever and ever , amen . rev. 4. 9. 10 , 11. c. 5. 12 , 13 , 14. and when those beasts gave glory and honour and thanks to him that sate on the throne , who liveth for ever and ever , the 24. elders fall down ( not stand up ) before him that sate on the throne , and worship him that liveth for ever and ever , and cast their crowns before the throne , saying , thou art worthy , o lord , to receive glory , and honour , and power , for thou hast created all things , and for thy pleasure they are and were created . and i heard the voyce of many angels round about the throne , and the beasts and the elders , and the number of them was ten thousand times ten thousand , and thousands of thousands ; saying , with a loud voyce , worthy is the lambe that was slain to receive power , and wisedome , and riches , and honour , and glory , and blessing . and every creature which is in heaven , and under the earth , and such as are in the sea , and all that are in them , heard i , saying , blessing , honour , glory and power , be unto him that sitteth upon the throne , and unto the lamb for ever and ever ; and the four beasts said , amen . rev. 7. 9 , 10 , 11 , 12. after this i beheld , and lo , a great multitude which no man could number , of all nations , and kindreds of people and tongues stood before the throne , and before the lamb cloathed with white robes , and palmes in their hands ; and cryed with a loud voyce , saying , salvation to our god which sitteth upon the throne , and unto the lamb ; and all the angels stood round about the throne , &c. and fell before the throne on their faces , ( not stood up ) and worshipped god , saying , amen . blessing , and glory , and wisedom , and thanksgiving , and honour , and power , and might , be unto our god for ever and ever . amen . the reading or reciting of one or more of these canonical doxalogies at the beginning , middle , or end of morning or evening prayers , would certainly be more canonical , expedient , useful in and to our churches , and lesse subject to exceptions , than this frequent repetition of gloria patri , &c. a mere superfluous humane invention and tradition , which ought to give place to these forecited sacred texts . 9ly . the annexing of gloria patri to , and repetition of it at the end of every psalm , is either incongruous , impertinent , or superfluous at the best . the greatest part of the psalms are either supplications , intercessions , prayers , exhortations , imprecations , lamentations , instructions , admonitions , or penitential confessions of sin , and gods judgements inflicted for the same ; and to repeat glory be to the father , &c. at such psalms cloze , seems to considerate christians a great incongruity , impertinency , and absurdity ; especially when * sung with organs and the quire in cathedrals , as caeremoniale romanum requires it . compare this doxalogy with the last verses of psal . 1. 6. 9. 10. 12. 14. 15. 19. 20. 22. 25. 31. 33. 36. 38. 39. 40. 46. 47. 49. 51. 55. 70. 76. 78. 80. 81 , &c. and you shall at first discern how little coherence , harmony there is between them . the residue of the psalms are for the most part gratulatory , consisting of prayses , thanksgivings , and gratifications to god for his spiritual , temporal , and eternal mercies and deliverance ; concluding with † praise ye the lord , or beginning with it : and to annex gloria patri to them , is either a meer unnecessary superfluity or tautoligy , an adding of water to the ocean , and of humane inventions to divine thanksgivings . a honorius augustodunensis , flourishing about the year of christ , 1120. in his gemma animae , sive de divinis ●fficiis & antiquo rit● missarum ( out of which ●●lielmus d●rantus hath borrowed most part of his rationale divinorum ) l. 1. c. 121. yea b missale romanum , set forth by pope pius quintus , and revised by pope clement the 8th . with others inform us , that at the mass of the dead , gloria patri , and allelujah , which signifie gladness , are not sung or used , because this mass intimates sorrow : and we are thereby admonished that we came into the world with sadnesse , and shall depart thence with sorrow . if then papists , popes , and missals themselves repute gloria patri incongruous and absurd to be sung or said in masses for the dead , upon this account ; it must by the self-same reason be as incongruous and absurd for any to chant or repeat it at the end of penitential , supplicatory , lamenting complaining psalmes , or psalmes that are read at funerals . the same honorius , l. 2. c. 2 & 10. informs us , c that the 1 , 2 , 3 , and 6. psalmes ● which he applyes to the generation from adam to noah in general , and to ab●l , enos , enoch & lamech in special ) are all said under one gloria patri , because the just men of that age are believed to have worshipped the trinity . and that all psalmes are sung with gloria patri , because all the foresaid orders , ( of priests , judges , kings , in the several ages from adam to christ ) are written to have worshipped the trinity ; and therefore three psalms and three anthems are likewise sung . this is the only reason i meet with for the chanting and repeating gloria patri after every psalm , which how monkish , weak , and ridiculous it is ( since upon the same account it ought to be sung or read after every chapter in the old and new testament , or else it implyes , that the pen-men of those canonical texts and chapters after which it is neither sung nor read , did not adore the trinity ) let the impartial readers judge : since the apostles and christians in the primitive times next after christ would have used it after every psalme and canticle upon this account , which they never did ; and we ought not to be * wiser in our own conceits than they , in matters which concern gods immediate worship . 10. gloria patri , &c. coupled with as it was in the beginning is now , and ever shall be , &c. intimates that this doxalogy was used from all eternity in honour of the blessed trinity by saints and angels , before either of them were created , or at least from the creation till this present time , without variation or intermission , which is both false and absurd to assert : yea litterally taken archbps , bishops deans , chapters , prebends , cathedralists who are most zealous for its continuance , have least reason of any other christians to practise , chaunt , repeat it , since they have so much degenerated , swarved from the bishops , ministers in the apostles age , and primitive church , in their daily preaching , manners , habits , vestments , ornaments , church-musick , piety , humility , jurisdictions , temporal possessions , ceremonies , government , ( by d a joynt council of presbyters ) ecclesiastical censures . of neither whereof they can truly say , as it was in the beginning is now , nor yet and ever shall be world without end , amen ; which they should henceforth discontinue , unless they will really conform themselves in all things to the primitive bishops and ministers , in point of worship , doctrine , discipline , administration of sacraments , ceremonies , vestments ; church-service , and contempt of worldly pomp , riches , honours , heavenly conversation ; and comply with his majesties most gracious declarations touching ecclesiastical affairs , and the endowment of poor vicaridges with competent maintenance for the benefit of the peoples souls and bodies , to which they are very a verse . 11. the usual custom of repeating gloria patri , &c. as it was in the beginning , &c. interchangably by the ministers and people ; the minister sometimes reciting the first clause , and the clerk and people the latter ; sometimes the clerk and people rehearsing the first part , and the minister the last , by way of dialogue , antiphony and responsals ; as it is contrary to the rubrick , which prescribes the priest alone to rehearse it , not the people , who are but to say amen thereto ; so is it contrary to the practise of gods church in the first and purest times . and the recital thereof with a loud obstreperous voyce as well by women as men , repugnant to the apostles express precepts , 1 cor. 14. 34 , 35. let your women keep silence in the churches , for it is not permitted unto them to speak ; for it is a shame for them to speak in the church ; therefore most fit to be reformed for the future , and laid quite aside . 12. the repetition of glory be to the father , &c. after every psalme , hymne and versicle , according to the rubrick in times of divine service , hath introduced a new disorderly , confused custom and ceremony in cathedral and some other churches , ( though prescribed by no rubrick , law , sanction , or canon of our church ) of starting and standing up at every rehearsal of it , and quatting down again as soon as it is repeated ; which gives a great offence to many , therefore i shall next discusse it . sect . ii. of ministers and peoples rising and standing up at every rehersal of glory be to the father , &c. though the gesture of rising and standing up during any part of divine service , simply considered in it self , be a thing indifferent , and lawfull , as well as kneeling or sitting , as the * marginal scriptures evidence , yet the customary , constant usage thereof at gloria patri in all cathedral , most parish churches , chapels , newly revived , gives great distast to many sober christians , upon these ensuing considerations , which make them to disgust the use of gloria patri it self , as an unnecessary superfluity which may well be spared . 1. because there is no precept nor president for any such usage or custom , in the old or new testament , nor in the primitive church , when purest , devoutest , for above 700 years after christ . 2. there is no rubrick , law , legal canon or injunction for it in our own church since the reformation of religion , as there was before in times of popery ; it being exploded upon the reformation and establishment of the book of common-prayer , though since introduced by degrees in cathedrals and parish churches , by innovating prelates , and prelatical clergy-men , without any law , against the minds of our first reformers who exploded it . 3. because the frequent sudden starting & standing up in the reading of the psalms , & other parts of the liturgy , at and during every rehearsal of gloria patri , & pronouncing it promiscuously with a loud voyce , as well by men as women , who are to keep silence , and not suffered to speak in the church , whiles others sit as before , ( because this ceremony is not prescribed ) and then quatting down again , to the disturbance of those who sit by or near them , and offence of those who scruple , dislike this illegal innovation , is an undecent and disorderly custom introduced without any solid reason , contrary to the apostles prescription and direction , 1 cor. 14. 33 , 34 , 35 , 40. and 1 tim. 2. 11 , 12. let all things be d●ne decently and in order , for god is not the author of confusion but peace ; let your women keep silence in the churches , &c. this chaunting and rehearsing of gloria patri by all the people with a loud voyce , together with the priest at the end of the psalm , was long since thus censured as a strange disorderly innovation , by * cassianus a presbyter of marselles . illud autem quod in hac provincia vidimus , vt uno cantante in clausula psalmi , omnes adstantes concinent cum clamore , gloria patri , et filio , et spiritui-sancto , misquam per orientem audivimus ; sed cum silentio omnium , ab eo qui cantat , finito psalmo orationem succedere : therefore most sit to be reformed now , there being no rubrick , law or canon that prescribes it in our church . 4. because it is directly contrary to the president and practise of the 24. elders , and the great multitude of saints of all nations , and kinreds and people , rev. 4. 11 , 12. cap. 7. 10 , 11 , 12. who when they gave praise and glory unto god , did all fall down on their faces ( not stand up upon their feet ) before the throne , and him that sat thereon , saying , thou art worthy , o lord , to receive glory , and honour , and praise : blessing , and glory , and wisdom , and thanksgiving , and honour , and power , and might , be unto our god for ever and ever amen . the same in substance and words almost with gloria patri , &c. at which all now use to rise and stand upright , insteed of falling down on their faces ; yea rise up not only from their seats , but knees , when they are praying , o lord make hast to help us , to chant or say glory be to the father &c. subjoyned to that and other prayers . 5. because this starting and standing up at gloria patri , was originally introduced , prescribed by popish missals , councils , canons , priests , and taken up in imitation of popish prelates , priests , monks , papists , in their celebration of their masses , in which they all stand up together when gloria patri is repeated at the entrances of their several masses , the end of every psalme , and other parts of their masse . when and by what popes and councils it was first introduced , i cannot certainly define . chronicon reichespengense , a fredericus lindebrogus , with others fore-cited , inform us , that pope damasus , anno 368. in fine cujusque psalmi gloria patri cantari primus invenit & constituit : but that he enjoyned all or any to stand up when it was thus sung or read , no author once records . the capitularia of the emperour charles the great , and ludovicus pius , collected by abbot ansegisus , and benedictus levita , l. 1. tit. 70. de fide presbyterorum ab episcopis discutienda , ordain ; ut episcopi diligenter discutiant per suas parochias , &c. vt gloria patri , cum omni honore apud omnes ca●tetur ; & ipse sacerdos cum sanctis angelis & populo dei communi voce , sanctus , sanctus , sanctus decantet : but that they should stand up when they sung it , there is not one syllable in this constitution , nor in any b fore-cited council or decretal , that enjoyns the use of gloria patri . therefore it was not practised in that age ; the first council i have yet found that prescribes standing up at gloria patri , is the provincial c council of senns in france , in the year 1528. cap. 18. de hori● canonicis distinctè , reverenter & honestè in ecclesia decantandis , which enjoyns , that in cathedral , collegiate and conventual churches , ( not parochial or chapels ) cum dicitur gloria patri , et filio , et spiritui sancto omnes con●urgant ; , but why all should thus rise and stand up together when glory be to the father , &c. is said , it renders no reason at all , nor any council else i have yet perused ; neither can i find any probable reason for it , but that which is intimated in ritus celebrandi missam , prefixed to missale romanum , revised by pope pius the 5th . and reformed by pope clement the 8th . de principio missae , sect . 3. sacerdos cum in fine psalmorum dicit , gloria patri , &c. caput cruci inclinat ; that the priest when he saith gloria patri in the end of the psalms , may the better bow * his head to the crucifix or altar , ( and the people together with him ) which he and they could not so conveniently perform , unless they stood up and raised themselves from their seats . this council of senns , immediately subjoynes in the same canon , cum nominatur illud nomen gloriosum iesus , in quo omne genu flectitur ( in , not at which every knee is bowed , in the passive , not active sence ) coelestium , terrestrium & infernorum , omnes caput inclinent . a canon contrary to the words of the text , phil. 2. 9 , 10. which requires that every knee , not head should be bowed , as well as repugnant to its sence , which is only this , that god hath highly exalted iesus christ to be the soveraign lord , not only of his church , but all other creatures ; and that in the general day of judgment not only all angels , saints , but devils , damned persons , should actually be subjected to his soveraign power , as their supreme lord and judge , not iesus , or saviour , ( he being no saviour , but only a lord over devils , damned persons , and all other creatures but men ) and actually confess him to be their ‖ lord , to the glory of god the father : the genuine scope and meaning of this much abused , mistaken text , as it is evident by the words , and isaiah 45. 23. rom , 14. 9 , to 15. c. 2. 5 , to 17. mat. 25. 31 , to 46. c. 28. 18 , 19. ephes . 1. 19 , to 23. heb. 1. 2 , 3 , 4 , 6 , 7 , 8. c. 2. 8. col. 1. 15 , to 20. acts 2. 34 , 35 , 36. c. 10. 36 , 42. col. 1. 15 , to 20. rev. 1. 5 , 6. c. 5. 11 , to 14 ▪ c. 20. 12 , 13. 1 tim. 6. 14 , 15. john 5. 20 , 21 , 22 , 23. which fully explain this text , as i have * elsewhere largely evidenced . the next council i find prescribing standing up at gloria patri , ( and bowing at the name jesus joyntly together ) is that of bourdeaux , ( concilium bituriense ) anno 1584. thus registred by ‖ bochellus . in fine psalmorum & ubicunque gloria sanctissimae trinitati redditur , omnes consurgant : that is , in the end of psalmes , and wheresoever glory is rendered to the most holy trinity , let all rise ( or stand ) up together , & in invocatione nomine jesu genu flectant ; which last clause may be more properly interpreted of kneeling or bowing the knees to christ , in the invocation of his name in prayer , then at the sound or mention of his name jesus , when not invoked in the gospels , epistles , second lessons or sermons . these are the only councils and canons i know , ( and those but of late years made by popish provincial councils ) enjoyning all to stand up when gloria patri is said or sung , and that principally in cathedral , collegiate and conventual churches , without any solid reason rendred for it : which being a practise generally taken up and used onely by papists , popish prelates , priests , monks , and popish churches in forein parts , and in no reformed churches beyond the seas , nor prescribed by any law , rubrick , injunction , or legal canon of the church of england , i humbly submit to the judgements , consciences , of all zealous , sober , judicious protestants , prelates and cathedralists , whether upon consideration of the premises , they may not with more reason and discretion henceforth give over , not only their rising and standing up at gloria patri , but likewise the frequent repetition , if not the use thereof for the future , and quite expunge it out of the book of common-prayer , than any longer continue it to the offence and scandal of thousands of their protestant brethren , who are both pious , peaceable , learned , judicious , and no enemies , but friends to a well-reformed publick liturgy , wherein they may all heartily accord . sect . iii. of standing up at the reading of the gospel , and three creeds . i am yet of opinion that the decretals and canons prescribing standing up at the reading of the gospels , were the true original of those for standing up at the recital of gloria patri , and prefacing them with the repetition of glory be to thee o lord , prescribed by a roman missals , ceremonials , pontificals , popes decrees , popish writers , and derived from them to those who practice it in our church , being the same in substance with gloria patri ; which being now generally used in all our cathedrals , and revived of late in many parish churches and chapels , though not prescribed by any rubrick in the book of common-prayer , nor binding law or canon of our chuch , by innovating clergy-men , and such as are over-much addicted to ceremonies and formalities ; i shall next calmly examine the original grounds , lawfulness , decency and expediency thereof . the original of standing up at the reading of that we call the gospel , specially appointed at the communion on sundayes and holy-dayes , is attributed by some to pope b clement the 1. and inserted into his spurious apostolical constitutions , in these words , cum evangelium legitur , omnes presbyteri , diaconi , & laici assurgant , cum magno silentio , scriptum est enim ; c tace & audi israel . et rursum , tu verò hîc sta & audies . deinde verò moneant presbyteri populum , ut sedent . but this constitution , 1. as it was none of the apostles , so neither this popes clements , but a spurious imposture of far later dayes , as mr ▪ cook in his censura patrum , dr. james , and sundry others have evidenced . 2ly . the standing up thereby enjoyned , is not at the reading of that we now call the gospel , but of the second lesson of chapter out of one of the 4 evangelists , as the preceding words demonstrate . and why all priests , deacons , and laymen should stand up together at the reading of that we now usually call the gospel , because taken out of the gospel , rather then at the second lesson or chapter being the gospel as much as it , or at the reading of the gospel only , rather then of the epistle , ( which is part of the c gospel , and new testament , as well , as much as any chapter or part of a chapter taken out of the 4 evangelists ) or any other part or chapter of the old or new testament , being all alike , sacred , canonical , and to be read , heard , embraced , believed , obeyed , with the like attention , reverence , devotion , affection , faith ; no ●ober christian or divine can render any solid convincing reason . 3ly . this constitution , enjoyned all to rise up with great silence ; when now all rise up with a loud voyce , saying , glory be to thee o lord ; quite contrary thereunto . 4ly . the texts produced out of deut. 5. 31. c. 27. 12 , 13. to justifie this standing up at the gospel ; are meant only of reading the law ; at which all now usually kneel on their knees , not stand up ; which is very preposterous and opposite to these texts . others attribute the original of standing at the gospel to l pope anastatius the 1. ( or athanasius , as some stile him ) about the year of our lord 404. who thus decreed its future use ; significastis , quosdam sacerdotes in ecclesia , quando leguntur evangelia sedere , & domini salvatoris verba non stantes , sed sedentes audire , & hoc ex majorum traditione se accipisse narrant quod ut , nullatenus deinceps ●ieri sinatis , apostolica authoritate mandamus . sed dum sancta evangelia in ecclesia recitantur , sacerdotes et caeteri omnes praesentes , non sedentes , sed venerabiliter curvi in conspectu sancti evangelii stantes , dominica verba intente audiant , et fideliter adorent . ; if this decree be not forged ( as most of this nature are ) yet i shall observe from it , 1. that a pope was the first author , broacher of this ceremony . 2ly . that it was not used before his time . 3ly . that certain priests used to sit , not stand , at the reading of the gospels ; and that they received this practise by tradition from their ancestors which the pope denyed not , yet decreed the contrary by his own papal authority , without advise of any synod or council . 4ly . that he peremptorily prohibits any to sit , and commands all ( whether priests or people ) to stand during all the reading of the gospel , though aged , weak , lame , sickly : in which cases waldensis , durantus , and others grant , they may sit down when they are unable to stand , or weary of standing up , notwithstanding this decree . 5ly . that the gospels ( in the plural , not singular number ) here intended , are not those we now call gospels ; but any lessons or chapters whatsoever read in the church out of the four evangelists or new testament . therfore to confine it only to that now stiled the gospel , not to any other chapter , lesson read out of the gospel , is to contradict this popes decree . 6ly . that the end why they are commanded to stand at the gospel was , that they might more attentively hear and attend to it ; which reason , as it is good and laudable , so it holds as well at the reading of the epistles , 10. commandements , psalmes , chapters out of the old testament , or any other texts of scripture , lessons taken out of the four evangelists , as at the gospels , at which all should equally stand , as well as at these gospels . 7ly . if any stand upon this account , to adore the gospels , or yield them more reverence , attention , adoration than other sacred scriptures , ( of equal authority with them ) as the last clause of the decree intimates ; it is doubtlesse not only a superstitious , but irreligious practise , contrary to the gospel and these sacred texts , 2 tim. 3. 16. 2 pet. 1. 10. mar. 12. 44. john 5. 39. acts 17. 2 , 11. c. 18. 28. rom. 1. 2. c. 10. 11. c. 15. 4. c. 16. 25 , 26. 2 tim. 3. 15. 8ly . it is observed of our saviour himself , lu. 4. 16. that comming to nazareth , as his custom was , he went into the synogogue on the sabbath day , and stood up to read , not the gospel or any of the four evangelists , ( then not written ) but the book of the prophet isaias ; out of which when he had read this text standing ; he closed the book , gave it again to the minister , and sate down , and preached to the people in the synogogues , who all fastned their eyes on him , v. 20 , 21. &c. moreover we read of christ , mat. 13. 2. c. 15. 29. c. 24. 3. mar. 4. 1. c. 13. 3 , &c. lu. 5. 3. jo. 6. 3. c. 8. 2. that when he taught , or preached the gospel to the people , or his disciples , he usually sate down , not stood up , whence he useth this expression , mat. 26. 55. i sate daily with you teaching in the temple , and ye laid no hold on me . how then this popes decree can well stand with our saviours own practise , let the impartial judge . gulielmus durantus in his rationale divinorum , l. 4. rubrica , de evangelio , writes thus of the original of standing up at the gospel , and the reasons of it , and other ceremonies accompanying it : sanè evangelium stando , & non s●dendo auditur , sicut statuit anas●atius papa , de consecr-dist . 1. apostolica , ut ad praelium pro christi fide servanda promptitudo notetur , unde lu. 22. qui non habet gladium vendat tunicam & emat illum . et ex quo standum est , apparet , quod nec jacere , nec appodiare debemus evangelium audiendo . reclinatoria ergo tunc relinquuntur , ad notandum , quod non debemus considerare in principibus , nec sustentare in terrenis , quia , vanitas vanitatum & omnia vanitas dixit ecclesiastes . et secundum ipsum anastatium , stantes curvi manere debemus , ut humilitatem quae à domino docetur etiam corpore demonstremus . auditur etiam evangelium in silento , quia omnia soluta sunt in evangelio quae in lege & prophetis promissa erant . deponuntur etiam tunc baculi & arma . primo , ne imitemur judaeos in conspectu crucifixi arundines & arma ferentes . secundo , ad notandum quod christo praedicante omnes legales observantiae , quae per baculos significantur , depositae sunt . tertio depositio baculorum & armorum humilitatem notat , & christianae perfectionis esse non se vindicare sed domino reservare vindictam . and then he proceeds to sundry other ceremonies , customes , crossings of the body in several places , and antique gestures which priests and prelate● are to use in reading the gospel , fitter for the stage than the church or gospel , and to provoke laughter than devotion . it seems this custom of standing at the gospel began of late to be discontinued or neglected even by popish priests and laicks ; whereupon the f popish council of rhemes in france , anno 1583. re-inforced it by this canon ; dum legitur evangelium , vel praefatio omnes assurgant ; , let all stand up whiles the gospel , or preface is read . this ceremony or gesture of standing , is likewise customarily used by most at the respective rehearsing of the creeds , commonly called the apostles , nicene , and athanasius creed , though not prescribed by any rubrick , law of our church ( except only at the rehearsal of the apostles creed ) nor yet by any popish canons or decrees to my remembrance , as standing up at gloria patri , and the gospells are . if it be only used out of pure devotion , more attentively to hear , mind what is read , or spoken , no prudent christian can justly censure , but approve it ; but if done merely out of custom , or * because the creed is the word of the gospel , according to its sense , or to distinguish between the recital of the creed , and other parts of divine worship ; or , to advance the creeds composed by men out of the scriptures themselves of divine inspiration , authority ; before the sacred fountains from whence they flow ; or to g stand up for , or h stand to , or i stand fast in them ( as we use to speak ) more than to any other parts of the k scripture , being all of like sacred inspiration , and divine authority : it is no wayes excusable , much lesse justifiable by any understanding christians . to close up this discourse touching standing up at gloria patri , gospels and creeds , it is unquestionable , that the posture of standing up is in it self indifferent ; and may be k lawfully used in any part of divine publick worship ; so as it be not done out of singularity , opposition to decency and order , or for superstitious or unwarrantable grounds , but only to raise up our drowsie bodies , hearts , spirits more attentively , fervently , devontly to read , hear , pray , and discharge that part of gods worship wherein we use it . the primitive christians , and universal church for above eight hundred years after his nativity , in memory of christs resurrection , did use to pray on all lords dayes , and between easter and whitsontide , and worship god standing , not kneeling , nor bowing their knees at all when they prayed or worshipped ; which they prescribed ; prohibiting kneeling on these days by sundry councils , and reputing it a kinde of crime or impiety : whence they stiled their meetings on the lords day , stationes , à stando ; stations from this their standing at them ; and the christians of those times stationarii , as a tertullian , b cyprian , the council of nice , can. 20. the 6. synod of constantinople in trullo . can . 90. the synod of towers under charles the great , can . 37. the council of aquisgrane under ludovicus pius , c. 47. the century writers , cent. 3. cap. 6. col . 153. & centur. 3 , 5 , 6 , 7. c. 6. with sundry others attest . from whence it is apparent , 1. that they held this gesture of standing lawfull , and that they stood at the reading of the psalmes , epistles , and all lessons out of the old testament , as well as at the gospels , making no distinction between them . 2ly . that they received the lords supper standing , not kneeling . 3ly . that they never bowed their knees or heads at the name jesus , when ever read or heard ; first introduced by d pope gregory the 10th . about the year 1272. who restraiued the use of it only to the celebration of the masse , e and never practised before his time for ought appears by ecclesiastical historians , fathers , councils , or decretals of popes themselves . yet notwithstanding this antient universally received custom of the church , though ratified by sundry councils , of praying , performing all parts of gods publick worship , only standing , not kneeling , on every lords day , and between easter and whitsontide ; is long since quite laid aside in all , or most christian churches ; and therefore the use of gloria patri , of standing up at it , and at the gospels and creeds , not so antient nor universal , nor grounded on so good reasons as these stations , ( together with the late cringing and bowing at the name jesus ) may now with much more reason be set aside and discontinued for our churches peace , settlement , and unity in gods worship . sect . iv. of the use of white surplistes , rochets , and other episcopal and sacerdotal consecrated vestments in the celebration of divine service and sacraments in churches . the last thing i shall examine , is the pretended necessity , decency or expediency of bishops , ministers , deacons , scholars , choristers wearing of white surplisses , rochet , and other sacred vestments , habits , ornaments in the celebration of divine service and sacraments , which many have formerly , and now of late over-rigidly contended for , refusing to admit such into fellowships or orders , who out of scruple of conscience refused to wear them , and silencing , depriving many godly , orthodox , painfull , learned preaching ministers , who could not in judgement or conscience submit to use them . not to enter into any general discourse concerning the several uses of apparel , as 1. to a cover our nakedness . 2ly . to b keep our bodies warm , and defend them from cold , heat , rain , winde , tempests . 3ly . to c adorn our bodies in a modest , decent , comely manner ; without lasciviousness , prodigality , or fantastickness . 4ly . to d distingiush the male and female sexes , and some ranks , callings of men from others of a different degree , or profession . i shall only premise these 13. considerations , which i suppose must be acknowledged by the most zealous contenders for these pontifical and ecclesiastical vestments , and habits , without dispute , when duly pondered . 1. that there is no particular kind , fashion , form of holy garments instituted or prescribed by god in sacred writ , to bishops ministers or deacons in and under the gospel , as there was to e aaron the high priest , and jewish priests and levites under the law. 2ly . that there is no one text throughout the new testament , nor authentick testimony to prove , that either christ or his apostles , or any bishops , ministers , or deacons in the apostles times , ( or for some hundreds of years after them ) were distinguished by their * apparel from other christians , or believers ; or that they preached , prayed or administred the sacraments in any consecrated vestments whatsoever , ( much lesse in such rochets , surplesses , or other pontifical habits , as are now so eagerly contested for ) but only in their ordinary wearing apparel , the fashion or colour whereof is no where particularly described , much lesse prescribed in the gospel to all or any ministers , bishops or deacons . and why should not all prelates and ministers be content to imitate and conform themselves to their example , ( as they are enjoyned , ephes . 5. 2. phil. 3. 17. 1 pet. 2. 21. ) unlesse they will be reputed , as in truth they are , the greatest non-conformists . 3ly . the gospel being commanded to be preached to all nations , who were as ‖ different in their manners , habits , fashions , customs , laws , ceremonies , governments , as in their climates and languages , it was neither possible , convenient nor reasonable to prescribe any one set-form of bishops , ministers or deacons vestments , liturgy , or administration of sacraments to them all , but to leave them arbitrary and indifferent , with this general limitation , f let all things be done decently and in order . 4ly . that though all qualifications and duties of evangelical bishops , deacons , ( and their wives too ) be most fully and particularly set down in the epistles of timothy and titus , yet there is not one syllable in them concerning the form or colour of their ordinary or priestly vestments , accounterments ; which if so necessary , expedient , decent as they are now pretended , would certainly have there been specified , recommended , or prescribed to all succeeding bishops and deacons . 5ly . that the apostle in this very epistle to timothy where he most particularly enjoyns the use of publick and private prayers to bishops , ministers , and all other christians , and the manner how they should perform the same ; useth only these expressions , g i exhort therefore that first of all supplications , prayers , intercessions , and thanksgivings be made for all men , for kings , and all in authority , that under them we may live a quiet and peaceable life , in all godlynesse and honesty . i will therefore that men pray every where , lifting up holy hands , ( he would doubtlesse have added , putting on holy garments , rochets , surplesses , albees , hoods , &c. had they been necessary , decent , expedient ) without wrath or doubtings : in like manner also that women adorn themselves with modest apparel , with shamefastnesse and sobriety , ( now almost quite out of fashion even in churches as well as theatres ) not with broydred or plaited hair , or gold , or pearls , or costly array , ( or spots , or patches , now much in fashion both in and out of church ) but ( which becommeth women professing godlynesse ) with good works . let the women learn in silence , &c. this transition from ministers , deacons , and mens praying in every place with pure hands , to womens apparel ( especially in the church , as the last words evidence ) without one syllable of mens , bishops , ministers or deacons apparel , or church-vestments , before or after it in this epistle , or any other , is an unanswerable argument in my weak judgement against the necessity or peremptory prescription of any rochets , surplisses , or other kind of vestments since invented , enjoyned by popes , or popish prelates , priests , monks , or any other prelates , in the celebration of divine service , masses , sacraments . 6ly . that our saviour himself h gave this special charge to his disciples , recorded by two evangelists ; take no thought for your life , what you shall eat , or what you shall drink , nor yet for your body what you shall put on : is not , or ( for the ) life ( is ) more than meat , and the body than rayment ? if then the apostles and disciples themselves were thus specially prohibited to take any thought for their ordinary necessary rayment and wearing apparel , much more then for any extraordinary , unnecessary surplisses , rochets , canonical or pontifical massing vestments , wherein they preach , pray or administer the sacraments . of which popes , archbishops , bishops , priests , deacons , and cathedral-men have been heretofore , and some now be so over-carefull , so immoderately zealous , as by * sundry successive councils , synods , canons , decretals , injunctions , rubricks , censures , indispensibly to impose , yea force them upon their fellow-ministers and christians , against their judgements , wills , consciences , or else to deprive them of their ministry , gods publick ordinances , sacraments , contrary to this express inhibition of christ himself , whom the highly affront therein . 7ly . that god by st. paul give ; this divine precept or admonition to timothy , and all other bishops , ministers , deacons , christians , i godlyness with contentment is great gain , for we brought nothing into this world , and it 〈◊〉 certain we can carry nothing out . and having food and rayment ( though ordinary , course , mean , ) let us be therewith content . o that all over-covetous , worldly , pompous prelates and clergy-men , would seriously ponder , believe , practise , and preach over this text by their heavenly world-contemning lives , instead of vexing , disquieting , discontenting themselves , and all others , with law-sutes , citations , injunctions , censures about their lordly mannors , palaces , temporalties , pontifical ornaments , and priestly vestments ! this would make all to love , honour , reverence them with and from their souls , who now repute them the worldlyest , the proudest , and most avaritious of all men professing christianity , even when they are departing out of this world , and dropping into their very graves , if not into a deeper pit , to the scandal of the gospel , and their holy function . let me only mind them of two conclusions from this text. 1. that if all bishops and ministers ought to be contented with bare necessary rayment , as well as food , then they ought not to lade and cloath themselves with so many superfluous , unnecessary pontifical robes and priestly vestments , as now they wear and put on , even in gods own presence , house , whiles they are discharging their duties , and performing divine services unto him ; much lesse to force or impose them upon their brethren and fellow ministers , who are and would be content with their ordinary garments , without these superfluities , and are highly discontented , that they are enjoyned to put them on against this precept , the forecited texts , yea the very dictates of their own judgments and consciences . 2ly . that they must speedily leave all their worldly temporalties , episcopal robes , priestly vestments behind them , and shall neither carry them hence into their graves , much lesse to heaven , or another world ; why then should they either trouble themselves with them , or their fellow-ministers & christians about them , who take no contentment in them , and desire to officiate and serve god in their ministry without them . 8ly . ( which is most observable , ) that when christ himself commissioned and sent forth his disciples to preach , teach , and discharge their ministerial function , he expresly enjoyned them among other things , k not to provide , take , or put on two coats , neither to have two coats a piece , as being an impediment to their preaching and ministry . in obedience to which command , the most laborious preaching gospel-spreading saint paul , whiles he was travailing from country to country , and city to city , to preach the gospel , * left his cloak at troas with carpus , as a cumbersom impediment to his ministry , which he sent for after he was prisoner at rome , when he could no longer walk abroad to preach . with what colour then of piety , decency , expediency or necessity , can popes , patriarks , metropolitans , arch-bishops , bishops , when they go to say masse , read divine service , preach , baptize , celebrate the lords supper , confer orders , keep visitations , consecrate churches , chapels , vessels , vestments , kings , put on , adorn and load themselves with m miters , caps , cassocks , gownes , rochets , surplesses , copes , hoods , stoles , planets , palls , dalmaticks , pectoral crosses , girdles , colobiums , chymers , gloves , sandals , handkerchiefs , scarffes , without which , by their own canons , decretals , missals , pontificals , pro●●ssionals , ceremonials , they neither may nor must officiate ; and enjoyn all ministers , priests , deacons , under severest censures and deprivations , to wear cassocks on their ordinary apparel , girdles , and gownes upon them , surplesses , or copes upon their gownes , and if doctors and graduates , hoods , scarfes , and tippets upon them ( which hinder and make them unapt to preach or discharge their ministry ) against these reiterated precepts of our saviour , recorded by three evangelists for their own and all other ministers imitation ? or how can they ever answer in the great day of judgement , when they shall appear naked before the tribunal of our lord jesus christ , their high contemptuous , willful violations of this his sacred injunction , their hating , reviling , persecuting , rejecting , depriving any of his faithful , painful ministers , servants , as praecisians , puritans , non-conformists , scismaticks , or fanaticks , only because they will not or dare not in point of conscience , against the precedent sacred injunctions conform in every punctilio to those superfluous vestments , disguises , which their fantastick frothy brains have invented , prescribed in gods worship , against and besides his word , and * obey god rather than men . 9ly . that john the baptist ( our saviours immediate fore-runner ) gave this command to priests and clergy-men , as well as the people , luke 3. 11. he that hath two coats let him impart to him that hath none ; which john the evangelist , paul and james have seconded in substance , if not in words , 1 john 3. 17. rom. 12. 13. jam. 2. 15 , 16. how then can bishops , deans , prebends , ministers , heap living upon living , and one coat , vestment upon another , when so many poor christians are naked and destitute of clothing , to whom their n lawes , decretals resolve , they must not impart any of their consecrated coats or vestments , though old and quite worn out , but burn them rather , because fit for , and to be worn by none but sacred persons . yea pull off the coats of their fellow ministers , and strip them of their livings , ministry , because they will not heap coat upon coat , and one vestment upon another , when they are to pray , preach , administer sacraments , and the coats of their own poor stipendary curates too , who discharge their duties and take all the pains in their commendaes , appropriations , pluralities , benefices on which they are for the most part non-resident , by allowing them such contemptible salaries as will scarce provide them cloaths , much lesse a competent substance for them and their families . 10ly . o that god being no respecter of persons , and taking no notice of bishops , ministers , or christians vestments in his worship , service , but only of their hearts , spirits , graces , sincerity , diligence and fidelity . yea st. peter himself resolving , that in every nation be that feareth god and worketh righteousnesse , is accepted of him : and st. james particularly reprehending christians , for having the faith of our lord jesus christ , the lord of glory in respect of persons , and preferring those who come into their assemblies with a gold ring , and goodly apparel , ( as archbishops , bishops , deans , prebends , and other pompous clergy-men use to do ) and conteming poor curates , and conscientious humble world-contemning ministers , who come into the church ( to preach , officiate , or celebrate the sacrament ) in ordinary or vile rayment ; the discriminating of ministers from other christians , and popes , patriarchs , arch-bishops , bishops , arch-deacons , deans , prebends from one another , and from other ministers , by their different habits , and sacerdotal vestments , as more honourable , holy , dear , near , acceptable to god than other inferiour ministers or lay-christians , and reputing sermons , prayers , sacraments , preached , made , read , administred in surplisses rochets , copes , and other church vestments , more canonical , holy , decent , acceptable both to god and men , than those preached , read , celebrated without them , and that those priests p grievously sin against god , who officiate without them , is certainly a most grosse , dangerous mistake , dishonourable to god , religion , christianity it self , and diametrically contrary to these sacred texts , and 2 tim. 4. 2 , 3 , 4 , 5. 11ly . that st. peter himself with all the other apostles , elders , brethren , assembled in the first synod and council under the gospel , acts 15. resolved upon solemn debate , q not to trouble them which from among the gentiles were turned to god , with circumcision , or any other jewish ceremnnies instituted by god himself , and to lay upon them no greater burthen then those necessary things comprised in their letters which they sent and delivered by their delegates to all the churches of the gentiles , whereof bishops or priests vestments were none ; being never reputed necessary things by that council , or by christ or any of his apostles , as popes , prelates , and others now repute them . to prescribe , enforce them therefore as necessary things , and to revile , suspend , censure , silence such ministers , schollars , christians , who repute them vnnecessary or superfluous , is to affront , repeal this first apostolical council and decree , and to advance themselves above the apostles . 12ly . that our saviour himself when he commissioned his disciples and sent them into all the world to teach all nations , and preach the gospel to every creature , gave them no instruction at all concerning pontifical or sacerdotal vestments , or any other ceremonies now contested for , but only enjoyned them * to teach and baptise all nations , teaching them to observe all things whatsoever he had commanded them , not their own fancies or decrees , as popes , prelates , and too many ministers do now . yea , st. paul where he particularly treats of preaching the gospel , of administring and receiving the lords supper , and of church assemblies , 1 cor. c. 9. & 11. & 1● . delivered and prescribed to them , only that which he received from the lord , without one syllable of those vestments , rites , ceremonies which now infest the churches unity and peace . therefore they may and ought to be set aside , by christs and his apostles own precepts , practice , who neither enacted nor commanded them to be used in any part of divine service or worship . 13ly . that christ himself sharply reprehends all such r who teach for doctrines , the traditions and ordinances of men : yea his apostles , apostolical elders and brethren in their first council , blamed those ceremonial ministers who went out from them and taught the brethren and converted gentiles , ſ that they ought to be circumcised , and keep the law ; thereby troubling them with their words , and subverting their souls , because they gave them no such commandement . till therefore popes , archbishops , bishops and prelatists can shew or produce an expresse command from christ or his apostles , for the use of surplisses , rochets , palls , with other pontifical , sacerdotal vestments , in time of divine service , preaching and sacraments , they have good grounds and reason to lay them quite aside , and no longer to contest for , much lesse impose or enforce them upon any ministers , scholars , christians , as they will avoid gods , christs , and their heavy displeasure , censure . these scriptures and reasons premised , i shall in the next place proceed to shew the true original , prescription , use of surplisses , rochets , and other vestments in divine offices , churches ; then answer the arguments , reasons produced for their use and continuance . it is ingeniously acknowledged by t al●ui●us de divinis officiis , c. 38 , 39. u honorius augustodunensis , gulielmus durantus , x thomas waldensis , some y popish councils , and the very roman pontifical and missal , that white surplisses , and other pontifical , sacerdotal vestments under the gospel , were originally 〈◊〉 from aaron , and the levitical priests garments under the old abolished ceremonial law. but who first invented , or enjoyned them to be worn in time of divine service , masse or administration of sacraments , they do not mention , but only the various mystical significations , groundlesse grounds , and frantick reasons of their several institutions . i finde in a spurious deeretal epistle attributed to z pope stephen , anno christi , 261. this general clause concerning priests vestments , that the garments wherein priests and other ministers of the church ought to celebrate divine service , and minister unto the lord , ought to be consecrated , and decent , and applyed to none other use , nor yet to be worn or touched by any but sacred persons . but what these vestments were he particularly defines not . if surplisses , or white rochets , as some conceit , then they ought not to be touched by scholars , choristers , singing-men , and others who are no consecrated priests , nor in sacred orders , as they are now in cathedrals , and some colledges in our universities , against this popes and other his successors decrees . this decree the century writers stile , idle , superfluous , altogether disagreeing with the word of god , and savouring of the mysterie of iniquity ; flaccus alcuinus , de divinis officiis . c. 38 , 39 , 40. bochellus decret . eccles . gal. l. 1. tit. 7. l. 6. tit. 17. honorius augustodunensis in his gemma animae , l. 1. gulielmus durantus , rationale divinorum , l. 3. tho. waldensis , tom. 3. tit . 4. cap. 29 , 30. franciscus zerula praxis episcopalis , pars 1. pontificale & missale romanum , with sundry others , have large discourses concerning the several sacred vestments of popes , archbishops , bishops , deans , deacons , priests ; and particularly of albees and surplisses . but who first introduced them into christian churches is a question not resolved by them . the next authority i meet withall is the decree of pope eusebius about the year 309. first recorded by h gratian , and i others out of him . consulto omnium statuimus , ut sacrificium altaris non inserico panno aut tincto quisquam celebrare praesumat , sed in puro lined vel linted ab episcopo consecrato , terreno scilicet lino procreato atque contexto , sicut corpus domini jesu christi in sindone linea munda sepultum fuit . john 19. 40. mar. 15. 46. mat. 27. 59. lu. 23. 53. but this decree of his , as it is forged , spurious , repugnant to the history of that time , the phrase , tenent , and practise of that age , and superstitious , as the century writers prove and style it ; so the reason produced by the author of it , why priests and clergy-men should celebrate the sacrament of the altar , not in a silken or died , but in a pure white linnen garment made of flax , ingendred out of the earth ; because christs body was buried in linen cloaths , is very absurd . had christ celebrated his last supper , or preached , prayed in a linen surplisse whiles he lived , the inference had been tollerable ; but since he never did it , for ought appears ; and the evangelists precisely record , that at his k miraculous transfiguration only , when he went apart up into a high mountain with three of his disciples alone from all other company , his rayment ( formerly of another colour ) because shining , exceeding white as snow , so as no fuller on earth can white them ; and that only till his transfiguration was past : the argument recoyles upon the author of this imposture with great disadvantage . for 1. christ never preached nor celebrated his last supper in a white linen garment or surplisse whiles he lived ; therefore no priests , bishops or ministers , ( who are his * embassadors , and should imitate his example ) ought to do it after his death . 2ly . christ did not put on these linnen garments himselfe , or to officiate in them ; but joseph of aramathea and nichodemus , wrapped his dead corps in them to bury it ; therefore bishops , priests , deacons should never put on white rochets or surplesses on their backs to preach , pray , or celebrate the lords supper whiles they live , but only their dead corps be wrapped up in them when they are interred . 3ly . these white linnen garments wherein christs body was wrapped were only his winding-sheet and grave-cloaths , not a surplesse , albee , stole or rochet : neither were they consecrated by a pope or bishop , not worn in a church , but only in a sepulchre : yea our saviour left them lying in his sepulchre when he rose again , john 20. 5 , 6 , 7 , 8. and never wore them afterwards : ergo bishops , priests , deacons , should only wear unconsecrated winding-sheets , and fine linnen garments in their graves when dead ; and there leave them when they rise again ; not consecrated rochets , surplesses , albees , stoles in the church when living ; 5ly . christs body was not wrapped in these linen cloaths in any relation to his priestly office of function ; but only as a mere dead corps to be interred , it being the usual manner of the jews thus to bury dead corps , as well laymen as priests : witness john 19. 29. ( quoted by this impostor ) then took they the body of jesus , and wound it in linnen cloaths , with the spices , as the manner of the iews is to bury : compared with john 11. 44. so the l nasamones , graecians , spartians , a●gives , syra●●sians , sycionians , and other nations wrapped the dead bodies of their deceased friends in white linen cloaths , with spices and balmes and so interred them . therefore if this reason be solid , all men and women as well jewes as gentiles , pagans as christians should wear white rochets , surplisses , albees , stoles in churches , as well as popes , archbishops , bishops , priests and deacons , because they are all alike interred and wrapped in white linnen grave cloaths , when buried in their graves . the * first probable authority in any true antiquity , for bishops , ministers , and deacons wearing white vestments in the celebration of the lords supper , is that of hierom , about 410. years after christ , advers . pelagianos . l. 1. c. 9. vnde adjungis , genera vestium & ornamentorum deo esse contraria . quae sunt , rogo , inimicitiae contra deum si tunicam habuero mundiorem ? si episcopus , presbyter & diaconus , & reliquus ordo ecclesiasticus in administratione sacrificiorum cum candida veste processerint ? cavete clerici , cavete monachi , viduae & virgines , periclitamini nisi sordidas vos atque pannòsas vulgus aspicerit . taceo de hominibus saeculi , quibus apertè bellum indicitur , & inimicitiae contra deum , si pretiosis atque nitentibus utuntur exuviis and in his n commentariorum l. 13. in ezech. c. 44. vestibus lineis utuntur aegyptii sacerdotes , non solum intrinsecus sed & extrinsecu● , ( he means their pagan not christian priests ) porro * religio divina , alterum habitum habet in ministerio , alterum in usu vitaque communi . which compared with his former passage , intimates , that some ecclesiastical persons did then wear white vestments , in the religious publick exercise of their ministry , and administration of the sacrament : which is further evidenced by st. chrysostom , ad o populum antiochiae , serm. 60. wherein he applying his speech to the ministers who distributed the lords supper to the people , useth this expression , hoc vestra dignitas , hoc securitas , hoc omnis corona , ( to keep scandalous unworthy persons from the lords table ) non ut albam et splendidam tunicam circumeatis induti . which he repeats again in his 83. homily upon matth : 26. haec est dignitas vestra , haec stabilitas , haec corona praecipua , non ut tunicam induti candissimam per ecclesiam ambuletis . whence the p century writers observe , candidae vestis meminit tantum obitur chrysostomus , dum de sacramenti corporis ac sanguinis dominici administratione disserit . from these passages of hierom , and chrysostom , * durantus q mr. hooker and others justifie the antiquity , use of surplisses , though they do not positively define these white garments to be surplisses ; nor can they prove they were constantly and universally used by , much lesse prescribed to all ministers , deacons , and ecclesiastical persons in that age , or some hundreds of years after , by any oecumenical , national or provincial councils . r gregory of tours in the fourth book of his histories , c. 60. makes mention of the arch-deacons putting on the albe upon the bishop when he officiated , which some take to be a surplisse , about 640 years after christ , but for bishops or priests constant use of them by any canon or law in that age , i yet remember none . about 700 years after christ , pope ſ sylvester and other popes brought in the use of stoles , surplisses , with other priests massing vestments by degrees , and soon after turned their masses and divine services , by their manifold disguised vestments , ceremonies , processions , bowings , crossings , ridiculous , antique , fanatick innovations , gestures , into a meer pagentry or enterlude , as is evident by t ordo romanus antiquus de divinis catholicae ecclesiae officiis , said to be compiled about 800. years after christ : by abbot alcuinus , tutor to charles the great , de divinis officiis , cap. 38 , 39. published about the year 802. where he at large describes the use , original , and reason of instituting the several sorts of pontifical and priests vestments , both under the law and gospel , paralelling them and the grounds of their institution together . after whose time i find u several canons made in divers provincial councils in france , for the use of albees and surplisses in the celebration of masses and sacraments ; the use of them being continued , and successively prescribed in all popish churches since that age to this very day , which not only make the putting on or x wearing a surplisse by every priest in the act of his ordination , and of a rochet , with sundry other episcopal vestments and ornaments upon bishops , a principal part , badge of their consecration , as the roman pontifical and ceremonial prescribe in their rubricks , but likewise in their missals , pontifical and ceremonial of bishops , enjoyn set forms of prayers and crossings to be used by bishops in the consecration of , and putting on of rochets , albees , and other trinkets when they are to officiate , or discharge their ministry in them ; which i shall here insert , that all may discern their superstition and vanity . i shall begin with their consecration of these garments . * benedictio in sacerdotalium indumentorum in genere . v. adjutorium nostrum in nomine domini . r. qui fecit coelum & terram . v. dominus vobiscum . r. et cum spiritu tuo . oremus . omnipotens & sempiterne deus , qui per moysen famulum tuum pontificalia & sacerdotalia , seu levitica vestimenta , ad explendum in conspectu tuo ministerium eorum , ad honorem & decorem nominis tui fieri decrevisti : adesto propitius * invocationibus nostris & haec indumenta sacerdotalia , desuper irrigante gratia tua , ingenti benedictione per nostrae humilitatis servitium * purifi care , & bene ✚ dicere , & conse ✚ crare digneris : ut divinis cultibus & sacris mysteriis apta & benedicta existant : his quoque sacris vestibus pontifices , & sacerdotes , seu levitae tui induti , ab omnibus impulsionibus seu tentationibus malignorum spirituum muniti & defensi esse mereantur : tuisque mysteriis aptè & condignè servire & inhae●ere , atque in his tibi placitè . & devotè perseverare tribue . per christum dominum nostrum . r. amen . oremus . deus , invictae virtutis triumphator , & omnium rerum creator ac sanctificator intende propitius preces nostras ; & hac indumenta leviticae , sacerdotalis & pontificalis gloriae , ministris tuis f●uenda , tuo ore proprio bene ✚ dicere , sanctifi ✚ care , & conse ✚ crare digneris ; omnesque eis utentes tuis mysteriis aptos , & tibi devotè ac laudabiliter servientes , gratos efficere digneris . per dominum nostrum ▪ oremus . domine deus omnipotens , qui vestimenta pontificibus , sacerdotibus : & levitis , in usum tabernaculi foederis necessaria , * moysen famulum tuum agere jussisti , eumque spiritu sapientiae ad id peragendum replevisti : haec vestimenta in usum & cultum mysterii tui bene ✚ dicere , sancti ✚ ficare , & conse ✚ crare digneris ; atque ministros altaris tui , quia ea induerint , septiformis spiritus gratia dignanter repleri , atque castitatis stola , beata facias cum bonorum fructu operum ministerii congruentis immortalitate vestiri . per christum dominum . r. amen . deinde aspergit ipsa indumenta aqua benedicta . specialis benedictio cuj●s●●et indumenti . v. adjutorium nostrum in nomine domini . r. qui fecit coelum & terram . v. dominus vobiscum . r. et cum spiritu tuo . oremus . domine omnipotens bonarum virtutum dator , & omnium benedictionum largus infusor , supplices te rogamus ut manibus nostris opem tuae benedictionis infundas , & has caligas & sandalia , vel amictum , vel albam , vel cingulum , vel stolam , vel manipulum , vel tunicellam , vel dalmaticam , vel planetam divino cultui praeparata , vel praeparatum , vel praepartam ) virtute sancti spiritus bene ✚ dicere , sancti ✚ ficare , & conse ✚ ciare digneris , & omnibus eis ( vel eo , vel ea ) utentibus gratiam sanctificationis sacri mysterii tui benignus concede , ut in conspectu tui sancti , immaculati atque irreprahensibiles appareant , & auxilium misericordiae tuae acquirant . per dominum nostrum jesum christum filium tuum , qui tecum vivit & regnat in unitate spiritus sancti deus , per omnia saecula saeculorum . amen . deinde aspergit ea aqua benedicta . before and after which follow several chapters and forms , de benedictione mapparum , seu linteaminum sacri altaris , de benedictione corporalium , de benedictione novae crucis , de benedictione crucis pectoralis , de benedictione imaginum aliorum sanctorum , de benedictione vasorum & aliorum vasorum in genere . de benedictione tabernaculi sive vasculi pro ss . eucharistia conservanda , de benedictione capsarum pro reliquiis & alliis sanctuariis includendis , de benedictione & impositione primae lapidis pro ecclesia aedificanda , de ecclesiae benedictione seu consecratione , de altaris consecratione , de benedictione tobaleorum , vasorum & ornamentorum ecclesiae altaris consecratorum , de altaris consecratione quae fit sine ecclesiae dedicatione , de altaris consecratione , cujus sepulchrum reliquiarum est in medio summitatis stipitis , de altaris portabilis consecratione , de benedictione cimaeterii , de reconciliatione ecclesiae & cimaeteris , de reconciliatione caemiterii , sinae ecclesiae reconciliatione , de consecratione patenae & calicis , de benedictione signi v●l campanae : ( one consecration and superstition still engendring another almost in infinitum according to popes and prelates fanatick devises . ) all which traine and beadroll of consecrated particulars must dance attendance on massing priests and prelates , to make their popish masse , and divine service compleatly meritorious , that i say not impious , theatrical , ridiculous , and their bishops . priests , little different from , if not far worse and more antique than common stage-players ; as those who seriously peruse their roman pontificals , ceremonials , missals , and durantus his rationale divinorum cannot but conclude : and therefore should resolve with the apostle , 1 cor. 13. 11. when i became a man , i put away ( these ) childish things , which old childish prelates , and bis pueri senes , over much admire and contend for , as if all religion and devotion consisted in such fopperyes . when all these massing utensils are thus consecrated , and these episcopal and sacerdotal garments hallowed by bishops ; yet neither priests nor bishops must presume to put any of them on to say masse , or administer sacraments , without the use of special prayers prescribed by , and thus registred in the praeparatio ad missam , prefixed to all the roman missals , set forth and revised by pope pius the fifth , and clement the eighth . orationes dicendae ab episcopo , quando in pontificalibus celebrat . ad caligas . calcea domine , pedes meos in praeparationem evangelii pacis , & protege me in velamento alarum tuarum . cum exuiter * cappa . exue me , domine , veterem hominem cum moribus & actibus suis : & indue me novum hominem , qui secundum deum creatus est in justitia , & sanctitate veritatis . cum lavat manus . da domine virtutem manibus meis ad abstergendam omnem maculam immundam : ut sine pollutione mentis & corporis valeam tibi servire . ad amictum . * pone domine galeam salutis in capite meo , ad expugnandas omnes diabolicas fraudes : inimicorum omnium versutias superando . ad albam ▪ dealba me , domine , & à delicto meo munda me : ut cum his qui stolas suas dealbaverunt in sanguine agni , gaudiis perfruar sempiternis . ad cingulum . praecinge me , domine , cingulo fidei , & virtute castitatis lumbos meos , & * extingue in eis humorem libidinis , ut jugiter maneat in me vigor totius castitatis . cum accipit crucem pectoralem . mvnire digneris me , domine jesu christe , ob omnibus insidiis inimicorum omnium , signo sanctissimae crucis tuae : ac concedere digneris mihi indigno ser●o tuo , ut sicut hanc crucem sanctorum tourum reliquiis refertam ante pectu● meum teneo , sic semper mente retineam & memoriam passionis , & sanctorum victorias martyrum . ad stolam . redde mihi , domine , obsero , stolam immortalitatis , quam perdidi in praevaricatione primi parentis : & quamvis indignus accedere praesumo ad tuum sacrum mysterium cum hoc ornamento , praesta ut in eodem in perpetuum merear ●aetari . ad tunicellam . tvnica jucunditatis , & indumento laetitiae induat me dominus . ad dalmaticam . indue me domine indumento salutis , & vestimento laetitiae , & dalmatica justitiae circunda me semper . ad chirothecas . c●cunda domine manus meas munditia novi hominis , qui de caelo descendit : ut quemadmodum jacob dilectus tuus , pelliculis hoedorum opertis manibus paternam benedictionem , oblato patri cibo potuque gratissimo , impetravit ; sic & oblata per manus nostras salutari hostia , gratiae tuae benedictionem merear . per dominum nostrum jesum christum filium tuum , qui in similitudinem carnis peccati pro no●is obtulit s●metipsum . ad planetam . domine , qui dixisti , jugum meum suave est , & onus meum leve : praesta ut illud portare valeam , quòd possim consequi tuam gratiam . ad mitram . mitram , domine & salutis galeam impone capiti meo : ut contra antiqui hostis , omniumque inimicorum meorum insidias inoffensus ●vadam . ad annulum cordis . cordis & corporis mei , domine , digitos virtute decora , & septiformis spiritus sanctificatione circumda . ad manipulum . merear , precor domine , manipulum portare mente flebili , ut cum exultatione portionem accipiam cum justis . orationes dicendae cum sacerdos induitur sacerdotalibus paramentis . cvm lavat manus ; ad amictum dum ponitur super caput ; ad albam , cum ea induitur ; ad cingulum , cum se cingit ; ad manipulam , dum imponitur brachio sinistro ; ad stolam dum imponitur collo ; ad capsulam cum assumitur . are the same with those forecited , which the bishop useth when he putteth them on . if these respective vestments and prayers be necessary or convenient for priests and bishops , then certainly for all other christians too . the a roman pontifical , in the title de clerico faciendo , prescribes , that when any clerk or clergy-man is to be made , quilibet ordinandorum habere debet suum superpellicium super brachium sinistrum , & candelam in manu dextra : and after their shaving by the bishop in four places in their heads , and some prayers , crosses and benedictions , ( there at large recited ) the bishops sitting with his miter , and taking in his hand the surplisse , saith unto them all . induat novum hominem , qui secundum deum creatus est , injustitia & sanctitate veritatis , & mox imponit illud ( superpelliceum ) cuilibet repetendo , induat te , &c. immitens usque ad scapulas , & immediate trahens , si unum tantum sit superpelliceum , sicque facit usque ad ultimum , qui eo totaliter induitur . after which , in the title de minoribus ordinibus , follows this rubrick : ordinandi omnes ad quatuor minores ordines , esse debent superpelliceis induti , cum candela in manu dextra . and in the rubrick , de consecratione diaconi & sacerdotis , it writes , eis igitur amictu , alba , cingulo , et manipulo paratis , ac stolam in sinistra manu , et candelam in dextra , ac dalmaticam super brachium sinistrum tenentibus , &c. the archdeacon presents them to the bishop to be ordained . post haec pontifex accipiens stolam , &c. et dalmaticam , induit ea quemlibet successivè usque ad humeros , et sic usque ad ultimum , & hoc , si una tantum sit dalmatica : si verò quilibet suam habet , tunc singulos sua totaliter induit , dicens cuilibet ; accipe stolam ✚ candidam de manu dei , &c. induat te dominus indumento salutis , et vestimento laetitiae , et dalmatica justitiae circumdet te semper , in nomine domini . r. amen . their * ordination being ended , in loco convenienti sacras vestes deponunt . so in the consecration of a bishop elect , among other things , vestments for his consecration , there are prepared , * item paramènta omnia pontificalia , coloris tempori & officio missae convenientis , videlicet , sandalia , amictus , alba , cingulum , crux pectoralis , stola , tunicella , dalmatica , chiroticae , planeta , mitra auriphrygiata , annulus pontificalis , baculus pastoralis & manipulus , &c. adsunt duo ad minus episcopi assistentes , qui induuntur rocheto , & si sint regulares , superpelliceo , amictu , stola , pluviali , coloris tempori & officio mis●ae convenientis , & mitra simplici alba , & quisque habeat suum pontificale . after many prayers , crossings , and other ridiculous ceremonies , episcopi assistentes ducunt electum ad capellam suam , & ibi deposito pluviali , acolythi induant illum sandalia , ipsos psalmos & orationes consuetas legente . deinde tunicella , dalmatica , casula , & manipulo induitur , quibus indu●us incedit ad suum altare , &c. after which his miter , ring , pastoral staff are consecrated , put on , and delivered to him by the bishop , with many prayers , solemnities , crossings , bowings , kneelings , prostrations , changes of habits , places and antique gestures , fitter for a stage than a church . when an archbishop is consecrated , he hath a pall put on , and superadded to all these forecited vestments , which must be used only upon certain special feasts and occasions , put on with the like superstitious ceremonies and formalities , recorded in the roman pontifical : the serious perusal whereof , and of durantus his rationale divinorum , l. 3 , 4. is sufficient to make all grave , judicious , sober christians , to na●seate such theatrical disguises and vestments , on which grave old bishops over-much dote , as little children use to do on their babies , toyes and rattles . the first forein synod wherein i find the use of white garments and surplisses prescribed to priests , canons , chaplains , is that held under * galo and simon the popes legates in france , anno dom. 1215. which among other decrees proving the luxury , pride and excesses of priests garments ; expresly prohibited them to wear garments of any other colour but white ; or black , or red , and commanded , ut sine * suppliciis ( superpelliceis ) vel tunicis lineis , vel capis clausis extra domos suas de caetero non incedant ; that from thence forth they should not walk abroad out of their houses without surplisses , or linnen coats , or close hoods : but this decree relates rather to their ordinary wearing habits , than to their sacred vestments , and enjoynes them to wear surplisses and white garments as well in their houses as in the church ; wherefore it adds , * nullus permittatur deservire altari nisi in superpellicio vel capa clausa . after which it subjoyns , sacerdos fine diaconus corporalia saepe abluat , indutus superpellicio , in vase mundo specialiter ad hoc deputato ; omnes verò ablutiones , si fieri potest , in piscina reponantur , vel saltem primae , caeterae autem in baptisterio . here priests , and deacons are made lawndresses to wash their corporals , arrayed in their surplisses when they wash them , and the water wherein they wash them must be reserved in a consecrated cisterne , or in the font as holy , and one superstition , foppery begetting another , till endlesse , it proceeds further ; item linteamenta altaris & indumenta sacerdotalia non nisi a sacerdote vel diacono , vel aliqua bona matrona vel virgine , sine appositione aliorum pannorum , convenienter , quando opus fuerit abluantur , ita ut munda & nitida conserventer ; quia nimis absurdum , sordes esse in vestibus sacris , quae dedecerent etiam in profanis . * the like concerning their washing , was decreed in the synod ecclesiae trecensis in france , anno 1427. and by other french synods . the next synod ( prescribing the use of surplisses under pain of excommunication ) in the time of divine service , is the popish synod of poictiers in france under americus , anno 1367. which thus decreed , * praecipimus sub paena excommunicationis , quod cum clerici , seu capellani in ecclesiis parochialibus adstant administrantes cum divina celebrantur , honeste superpelliciis sint induti . the a synodalia ecclesiae trecensis in france , an. 1427. thus decree the wearing of surplisses by priests , attendat etiam sacerdos vel clericus ministrans in missa , ut se habeat honestè , & si fieri potest , capam habeat s●u superpelliceum quo sit indutus , marime in solennitatibus . they subjoyn , if the priests nose in saying masse chance to bleed , and any of the blood fall upon his surplisse , after the blood stopped , he is to proceed in his masse , having first washed his hands in silence , mutatis tamen prius vestimentis sacerdotalibus , & pannis altaris , si sint sanguine maculati . b john damboise bishop of lingon , in a synod held in france , anno 1491. made this decree , that all having benefices with cures should wear surplisses at masse , vespers , and in the celebration of all divine offices . praecipimus omnibus & singulis presbyteris beneficia curata habentibus aut regentibus ut dum ipsos pro missa , visperis , aut aliis officiis divinis in eorum ecclesiis celebrandis aut dicendis interesse contigerit , sint decenter et honeste superliciis induti , et sine ipsis ad divina officia publice accedere non praesumant . c synodus synonensis in france , an. 1524. enjoyns the priest to wear a surplisse when he carries the sacrament to sick persons . quotiens contigeri● sacerdotem deferre sanctam eucharistiam ad infirmos , habeat sacerdos superliceum et stolam , & incedat tàm ●undo quàm redeundo usque ad ecclesiam in habitu decenti , faciatque ante se deferri lumen , & campanulam pulsantem praeire . d synodus carnotensis in france , an. 1526. ordained the like in these words , ordinamus , quod ubi ad infirmos deferendum erit corpus christi . sacerdos delaturus primum lavet manus , deinde induat superliceum , et stolam superpo●at , incedensque cum honestate , reverentia & honore , orationes & preces ad deum fundat , faciat lumen ante se deferri tàm eundo quàm redeundo , & campanulam pulsari . the synod of paris , anno 1557. decreed su●plisses to be worn at mattins , masses , publick prayers , litanies , confessions , and at celebration of the eucharist , marriage , and extreme unction . e parochi corum vicarii & caeteri sacirdotes , in divinis obsequtis m●ss●rum matutinarum & v●sp●rarum , in supplicationil us publicis , lit●aniis & confess●n●bus supplicus u●antur , in euchari●●●ae verò matrimonii , & extremi vnctionis administratione , slolam addant suppel ●●iis . after this f synodus aquensis in france , anno 1585. made this decree concerning clergy-mens wearing of surplisses and other vestments , clericalis ordinis homines , cum ecclesia versantur quo tempore superpelliceum induere non debent , ne sint sine toga exteriori , praesertim horis quibus divina celebrantur , aut populus ad ecclesiam accedere solet : nec verò abs●ue ea etiam in diaecesanis locis , vicis aut pagis prodeant , nisi cum eos pedibus iter facientes viae difficultas & longitudo aliter cogit , superpellicits , cum ecclesiae usus id postulat , omnes utantur , quae non lacera sint , non sordida , et quae etiam manicas habeant . superpellicea autem illa quae manicis carent , & quae non superpelliceorum sed mantilium nomine potius digna sunt , omnino prohibemus . canoniciverò catbedralium & collegiatarvm , quo tempore cappa induuntur , ii rocheto induantur sub cappa . cleric● autent cum superpelliceis fuerint induti , nullo modo in manibus flores , nec aliud quod statui suo & ecclesiae non conveniat , habeant ; non vagentur per ecclesiam , nec deambulent , nec circumoursitent , sed graves semper sint in incessu & sta●● . singuli autem praeterea praesertim qui in aliquo minorum saltem ordinum sunt , proprium superpelliceum habeant , quo ●tiam in ecclesia , cui ascripti sunt et alibi , cum ipsi suis fungi muneribus contigerit uti possint . si quis personatus , vestes clericales aut monachales , vel ad eorum formam induerit , & is qui eas assumpserit , & is qui accomodarit , graves poenas subeant . qui verò clericus , cujusvis etiam gradus ordinis , dignitatis in aliquo de praemissis non obtemperaverit , is praeter poenas jam inflictas , aut salutari poenitentia , aut pecunia , aut suspensione ab ordinum munere , et beneficiorum administratione , aut ipsis etiam beneficiis , aut carcere , aut exilio , aut pluribus simul ex iis paenis , aut gravioribus pro modo culpae , episcopi arbiratu mulctetur . qui iterum in eadem re peccaverit , duplicata paena pro ratione criminis , ab codem plectur . this synond likewise decreed , that the parish priest who is to carry the eucharist to sick persons , do wear a surplisse , and proceed in this manner , * vbi manus laverit , tum superpelliceo , stola , pluviali ubi potest indutus , ad altare genibus flexis oret . sacerdotes verò caeteri clericive qui comitantur superpellicem adhibeant . si canonicorum capitulum sit , cappam vel almutiam , aliudve indumentum , ut illis in choro moris est . reliqui fideles bini prosequantur capite aperto , & quamplurimi candelis accensis , ac primo loco viri , in quibus scholares sanctissimi sacramenti praecedant , postremo foeminae : omnes , praesertim ecclesiastici homines , hymno , & psalmos paenitentiales , aliosve intima animae pietate , sim●l cum parocho , sed alternatim pronunciant , atque alii etiam religiosi orent . it likewise adds , * in celebratione missae sacerdos ne se confer at ad altare , nisi clericum in decenti habitu , & cum superpelliceo mundo cum manicis , sibi inservientem habuerit ; injoyning the parish clerke to wear a surplisse as well as the priest . this last french popish synod prescribes the constant use of surplisses to all canons , prebends , parish priests and curates under several ecclesiastical and temporal punishments , with greatest rigour and severity ; when as ordo romanus antiquus de divinis officiis , & missa , the roman pontificals , ceremonials , missals , in their rubricks of saying or singing masse , prefixed to them , do only enjoy their use without any penalties ecclesiastical or civil expressed in them , to be inflicted on non-conformists thereunto . for the use of surplisses in our british churches , during the britons or saxons times , i remember nothing in canons or histories ; only our alchuinus , tutor to charls the great , an. 800. de divinis officiis , c. 38 , 39 writing of the several vestments wherewith priests were clad in the old testament , a observes , habent etiam nunc ministri ecclesiae christi superhumerale quod amicium vocamus , quando ad altare ministrant ; quod fit ex lino purissimo . per linum quod ex terra sumitur , & per multos labores ad candorem ducitur , designatur corpus humanum , quod ex terra constat . sicut ergò linum per multos labores ad candorem reducitur , ita corpus humanum multis calamitatibus attritum , candidum & purum esse debet ab omni sorde peccatorum . posteà sequitur pederis , quae vulgo alba dicitur ; significat autem perseverantiam in bona actione . after which he mentions the stola , dalmatica , ca●ula , used by priests ; and pallium archiepiscoporum , to distinguish the archbishop from his suff●agans , subjoyning , stepha●u●s natione romanus ex patre labio ( ut legitur in gestis pontificalibus ) ●●nstituit sacerdotibus levitisque vestes sacras in usu quotidiano non uti nisi in ecclesia . whether any of these garments were then used in england , or the same with surplisses for fashion , as colour , i cannot define . the first mention i observe in our historians of surplisses and their wearing by that name , is in the year of our lord , 1237. the 21. of henry the 3d. where * mat paris records , that otto the popes legate summoning all the popish bishops , abbots and clergy to a council in pauls church , london , to which he went in great pomp , entering the church he put on his pontifical garments , and among the rest a surplisse , which he thus expresseth : pontificalibus se induit , scilicet superpelliceo , et desuper cappa chorali pellibus variis furrata , et mitra ; et precedentibus archiepiscopis cantuariensi et eboracensi cum cum processione solemni , cum cruce & caeriis acconsis et cum letania . the second day the council being begun , missi sunt ex parte domini regis , comes lincolniensis johannes , et johannes filius galfridi , et gulielmus de raele , canonicus sancti pauli , ut dicto legato ex parte regis et regni inhiberent , ne ibi contra regium coronam et dignitatem aliquid statuere attemptaret , et remansit ibi , ut hoc observaretur , gulielmus de raele capa canonica et superpelliceo , aliis reedentibus . by which it seems the canons sate in this council in their ‖ canonical caps , or coules and surplisses , as well as the popes legate himself . anno ▪ 1247. ( the 31. of king henry the 3d. his reign ) praecepit dominus r●x ut omnes presbyteri londinienses festive vestiti superpelliciis et capis , ●um suis cl●ricis decenter vest●tis , cum vexillis , crucious et caereis accensis , die erastina , * viz. s. edvardi summo mane ordinatè et reverenter convenirent apud s. paulum , to a accompany the king , bishops , and nobles , thence to the church of westminster in solemn procession to bring the viol of christs blood , sent to the king from jerusalem ( who carried the viol himself from pauls to westminster , under a canopy ) which they accordingly performed ; the masse priests of that age using surprisses in their processions here in england . about the year , 1290. john peckham archbishop of canterbury , appropriating the church of preston to the monks of canterbury , and endowing a perpetual vicar in it , granted in the instrument , that the monk● , † onera reparationis et rejectionis cancelli praedictae ecclesiae de preston intus & exterius , necnon et inventionis librorum , vestimentorum superpelliceorum , & ornamentorum dictae ecclesiae , quae per ecclesiarum rectores inveniri & reparari debent aut solent , subeant . which intimates that priests and vicars did then use to wear , and find their own surplisses , and that by the same archbishops provincial constitutions , who decreed , ‖ dignissimus ut sacramentum eucharistiae circumferatur cum debita reverentia ad egrotos , sacerdoti s●ltem induto superpelliceo gerente orarium cum lumine praevio in lucerna , cum campana , ut populus ad revetentiam debitam excitetur qui ad prosternendum se , vel adorandum saltem humiliter , informatur sacerdotali prudentia , ubicunque regem gloriae sub panis latibulo evenerit deportari , the original ground of kneeling at , as well as to the sacrament . this is the 1. constitution in our english church i have yet observed , prescribing priests to wear surplisses when they delivered the eucharist , or caried it to sick persons , on which lindwode hath this glosse , ●t sic tolerare potest licet minister sacerdotis non sit indutus , superpelliced , licet honestus sit quod ipsius minister superpelliced induatur considerata qualitate beneficii et facultatibus ejusdem . which intimates that parish clerks should wear surplisses as well as priests . robert winchelsie , * his next successor in the see of canterbury , as lindwode , or simon islip , as john de aton records , about the year 1300. decreed , what popish trinkets , books , ornaments , vestments should be provided in every parish church by the parishioners , amongst which he enumerates , dalmatica tunica & cum capa de choro , tria superpell●cea , unum rochetum : on which lindwode hath this glosse , tria superpellicea ad usum scilicet trium ministrorum ecclesiae , vizt . sacerdotis , diaconi & sub diaconi . rochetum , quod differt à superpelliceo , quia superpellicium habet manicas pendulas , sed rochetum est sine manicis , & ordinatur pro clerico ministraturo sacerdoti , vel forsan ad opus ipsius sacerdotis in baptizando pueros , ne per manicas ipsius brachia impediantur . his next successor walter raynods , decreed , * that arch-deacons amongst other things , should take care that there should be in every parish church , ad minus duplicia sacerdotalia vestimenta ( the one for lords dayes , the other for holydayes , as lindwode glosseth it ) & ut honor debitus divinis officiis in omnibus impendatur , praecipimus etiam , ut qui altari ministrat suppelliceo induatur . on which lindwode hath this glosse , vizt . presbytero celebranti assistens , et idem in missae tempore ministrans : vel potest intelligi de sacer dote quovis tempore accedente ad altare ut aliquid faciat vel disponat circa corpus christi , ut videlicet , illo tempore sit indutus suppelliceo , et juxta communem intellectum die supplicio , i. e. veste linea ad talem usum praeparata , de qua tamen veste non memini me legisse in toto corpore iuris canonici vel civilis nec etiam in sacra scriptura : sit tamen de eo mentio 1. de eccles . edif . c. ut parochiani , et potest significare per tunicam lineam qua induebantur filii aaron , in veteri l●ge , de qua legatur , exod. 28. ac finem , sed estimo quod propriè suppllicium est indumentum de pellibus confectum , sed in nostro communi usu , intelligatur ut prius dixi . the use of these rochets , surplisses , and other massing vestments introduced by popish councils & decrees to celebrate the masse , & masse priests , prelats officiating in them at their consecrated altars , ( who likewise clad and wrapped up their consecrated host or breaden god in a pure white linnen corporal , by the prescription of the self-same constitutions , canons , missals , pontificals , ceremonials , rituals , which enjoyn rochets , and surplisses ) continued in our church till the abolishing of all romish masses . pontificals , missals , by k. * ●d . the 6. and his parliaments , by certain steps and decrees in the 1 , 2 , 3 , 4 ▪ 5 and 6 ▪ years of his reign , not without some opposition , and an open rebellion in devonshire , cornwall , and other places , by popish priests and their confederates . in the first edition of the book of common-prayer , e. 6. c. 1. not only all ‖ bowing to , and towards the altar , and hostia , praying towards the east , standing up at gloria patri , the gospels , creeds , bowing at the name of jesus , reading second service at the high altar when there was no sacrament there administred , with other ceremonies prescribed by former masse-books , breviaries , pontificals were abolished and left out of the bubricks , as superstitious , uselesse , offensives but likewise the wearing of palls , planets , chimer●● , lawn sleeves , sandalls , copes , hoods , and other vestments , ( except only a rochet , to be worn by archbishops , bishops , and surplisses only by priests and deacons ) were totally laid aside as popish superfluities , or unnecessary disguises ; and it was generally expected by divers zealous protestants , that rochets , surplisses , and square caps , would have been then likewise taken away upon the same accout , being all appurtenances to the m●sse ▪ masse-priests , and only prescribed by popes and popish missals , pontificals , canons , decretals . but the king and counsel not holding it necessary or convenient to reform all things together at first , but by degrees ; retained and enjoyned the use of the surplisse and rochet , by this rubrick prefixed to the order for morning prayer . and here is to be noted , that the minister at the time of the communion , and at all other times in his ministration shall use neither al be , vestment , nor cope ; but being arch-bishop or bishop , he shall have and wear a rochet ; and being a priest or deacon , he shall have and wear a surplisse . ‖ mr. john hooper ( a learned divine in great reputation with the people , lord protector , and others for his excellent constant daily preaching and piety ) being soon after elected bishop of glocester , scrupling to wear a square cap , rochet , surplisse , and refusing to be consecrated in his pontificalibus , reputing them as trifles , tending rather to superstition than otherwise : and learned peter martyr ( then regius professor in the university of oxford ) though a prebend of christ-church , constantly refusing to wear a surplisse in the quire there at any time ; and in a letter to a private friend , july 1. 1550. ( desiring his judgement concerning square caps and surplisses ) declaring , that though they were things indifferent in themselves , which make no man of themselves godly or ungodly by their use or forbearance ; yet he thought it most expedient for the good of the church , that they and all others of that kind should be taken away when the next opportunity should present it self : because where such ceremonies were so stifly contended for , which were not warranted and supported by the word of god , commonly men were less solicitous of the substance of religion , than they were of the circumstances of it . ‖ and john alasco , tyms , mr. john rogers , mr. john philpot , and other learned protestant ministers then denying to wear these vestments , yea decrying them as superstitious , popish , massing attire , altogether as unfit for the ministers of the holy gospel , and evangelical bishops , as those other vestments then abolished ; and mr. calvin , ‖ zuinglius , with other eminent protestant divines , quite exploding their use in forein churches and declaring their judgements against them to the lord protector , cranmer , ridly , and other bishops ; thereupon in the parliament of 5 , & 6 e. 6. c. 1. the common-prayer-book was revised , amended in sundry particulars , the forecited rubricks expunged , and * the use of the rochet , surplisse , and vestments prescribed by the book of 2 , & 3 e. 6. quite laid aside , the reason whereof are expressed in the preface to the book , why some ceremonies were continued , and others laid aside , and in the articles of religion set forth by edw. the 6th . anno 1552. artic. 21. 23. neither were they actually or legally revived by the common-prayer-book revised , corrected ratified by the statute of 1 eliz. c. 2. that act injoyning all things to be done according to the book of 5 , & 6 ed. 6. and none other or otherwise , in which there was nothing concerning these garments . what hot , unchristian schismes , contests about rochets , surplisses , the form of bishops priests ordinary vestments , and formalities afterwards sprung up between our most zealous protestant bishops and ministers , in the first 7. years of q. elizabeths reign ; you may read at leasure in p dr. heylins late partial history of the reformation of the church of england , and of qu. elizabeth , wherein he layes many black aspertions upon k. edw. the 6. himself , his government , the l. protector , sundry of our godly bishops , martyrs , divines at home , and peter martyr , calvin , zuinglius , alasco , b●za , with other chief protestant divines of reformed churches abroad , worthy the f●rula . these controversies about church vestments , &c continued all her reign , growing every year higher and higher , every parliament in her time ( as appears by the journals ) being troubled with many petitions , bills against them , which the bishops by their power in the lords house suppressed ; and the world was filled with books pro & contra concerning them ; as the books of mr. cartwright , mr. vdal , penry , martin mar-prelate , altare damas●●num ; a brief discourse against the outward apparel , and ministring garments of the popish church , printed 1●78 . a discourse , whether it be a mortal sin to transgresse the commandements of civil magistracy , concerning the apparel of ministers . the declaration of certain ministers in london , refusing to wear the apparel prescribed . mr. philip stubs , with sundry more on the one side , and queen elizabeths advertisements in the seventh year of her reign , by her high commissioners advice ; archbishop whiteguist his answer to the admonition to the parliament ; and defence of his answer against the reply of t. c. 1574. in fol. dr. john bridges his defence of the government now established in the church of england , 1584. mr. rich. hooker of the laws of ecclesiastical policy , 1593. with others on the other hand evidence . neither did these unnecessary , unhappy controversies , about priests vestments and ceremonies , which perplexed our church , and gave great advantage to our romish adversaries , expire with queen elizabeth , but survived , and grew to a heighth at the beginning of k. james his reign ; who to silence or allay them , appointed a special * conference at hampton court , between the bishops and non-conformists party ( whereof learned dr. ranolds was one ) about reformation of church matters , anno 1603. which many hoped would have put a period to these contests ; but instead thereof did much increase them , through the bishops obstinacy , potency , pride ; who refusing to comply with the moderate , just defires of their fellow-ministers , and protestant christian brethren in some superfluous trifles , particularly concerning the wearing of the surpliss , then , and yet commonly termed a ragge of popery : soon after in their convocation held at london , 1603. prescribed the constant wearing of surplisses , ( and copes , hoods besides ) not only to cathedral church-men , but likewise to all ministers , curates reading divine service , or administring the sacraments , in parish churches or chapels , and likewise to fellows and scholars in the universities ; ( for which there was no former binding law nor canon ) by these ensuing constitutions . canon 16 , and 17. in the whole divine service , and administration of the holy communion in the colleges and halls in both universities , the order , form and ceremonies shall be duely observed as they are set down and prescribed in the book of common-prayer , without any omission or alteration , ( even in the faulty old english translation ) all masters and follows of colleges and halls , and all the scholars and students in either of the vniversities , shall in their churches and chapels , upon all sundayes , holy-dayes , and their eves at the time of divine service , wear surplisses , according to the order of the church of england , ( which had no such order that i can find before ) and such as are graduates , shall agreeably wear with their surplisses , such hoods as do severally appertain to their degrees . canon 24. in all collegiate and cathedral churches , the holy communion shall be administred upon principal feast-dayes , sometimes by the bishop if he be present , and sometimes by the dean , and sometimes by a canon or prebendary , the principal minister using a decent cope , and being assited with the gospeller and epistolar agreeably , according to advertisements published by queen elizabeth , an. 7. canon 25. in the time of divine service and prayers in all cathedral and collegiate churches , when there is no communion , it shall be sufficient to wear surplisses , saving that all deanes , masters and heads of collegiate churches , canons and prebends , being graduates , shall daily at the times both of prayer and preaching , wear with their surplisses such hoods as are agreeable to their degrees . canon 58 : every minister saying the publick prayers , or ministring the sacraments , or other rites of the church , shall wear a decent and comely surplisse with sleeves , to be provided at the charge of the parish . and if any question arise touching the matter , decency or comelinesse thereof , the same shall be decided by the discretion of the ordinary . further more , such ministers who are graduates shall wear upon on their surplisses at such time , such hoods as by the orders of the vniversities are agreeable to their degrees ; which no minister shall wear ( being no graduate ) under pain of suspension . notwithstanding , it shall be lawfull for such ministers as are no graduates , to wear upon their surplisses instead of hoods , some decent tippet of black , so it be not silk . after which followes this 74. canon , prescribing the form , species of their ordinary wearing apparel . the true , antient and flourishing churches of christ being ever desirous that their prelacy and clergy might be had as well in outward reverence , as otherwise regarded for the worthynesse of their ministry , did think it 〈◊〉 by a prescript form of decent and comely apparel , to have them known to the people , and thereby to receive the honour and estimation due to the special messengers and ministers of almighty god. we therefore following their grave judgement , and the antient custome of the church of england , and hoping that in time newfanglenesse of apparel in some factious persons will dye of it self , do constitute and appoint , that the archbishop and bishops , shall not intermit to use the accustomed apparel of their degrees . likewise all deans , masters of colledges , archdeacons , and prebendaries in cathedral and collegiate churches , ( being priests or deacons ) doctors in divinity , law , and physick , batchelers in divinity . masters of arts , and batchelers of law having any ecclesiastical living , shall usually wear gownes with standing collers , and sleeves straight at the hands , or wide sleeves as is used in the universities , with hoods or tippets of silk or sarcenet , and square caps . and that all other ministers , admitted , or to be admitted into that function , shall also usually wear the like apparel , as is aforesaid , except tippets only . we do further in like manner ordain , that all the said ecclesiastical persons above mentioned , shall usually wear in their journeyes cloakes with sleeves , commonly called priests cloaks without gards , welts , long buttons , or cuts . and no ecclesiastical person shall wear any coif , or wrought nightcap , but onely plain nightcaps of black silk , satten , or velvet . in all which particulars concerning the apparel here prescribed , our meaning is not to attribute any holinesse or special worthinesse to the said garments , but for decency , gravity and order , as is before specified . in private houses , and in their studies , the said persons ecclefiastical may use any comely and scholar-like apparel . provided , that it be not cuts or pincks , and that in publik they go not in their doublet and hose , without coats or cassocks : and that they wear not any light-coloured stockings . likewise poor beneficed men and * curates ( not being able to provide themselves long gowns , ) may go in short gowns of the fashion aforesaid . those who will take the pains to compare these canons of our protestant bishops and clergy with the canons and constitutions of our popish archbishops foreceited , or john peckhams & john stratfords constitutions , ‖ de habitu & honestate clericorum , recorded by john aton , and william lyndwode ; the premised popish french synods , canons , and sundry others collected by laurentius bochellus , decreta ecclesiae gallicanae , l. 1. tit. 7. l. 3. tit. 1. l. 6. tit. 17. shall at first view discern that they were almost verbatim taken out of them , and more extensive than they in relation to all scholars and students in both universities , who were never before by any popish councils , or popes decrees enjoyned constantly to wear surplisses in tme of divine service and sacraments . these constitutions and canons ( never approved nor assented to by the lords and commons then or afterwards assembled in parliament , but by the king alone under his great seal , and so not binding to the subjects in their liberties or freehold , against magna charta , ch . 29 ▪ and sundry other acts recited in rastal , tit. accusation , and the petition of right ) instead of allaying , composing the spirits , wounded the consciences , and augmented the number of nonconformists , many hundreds of godly preaching protestant ministers , scholars , who could not conform unto them , being thereupon suspended , deprived , and thrust out of their benefices , curatships , fellowships , scholarships , to their own and their families ruine , and many learned hopefull scholars inforced to desert our universities , decline the ministry , and betake themselves to other callings , and persons of lesse piety , worth , merit , thrust into their places , the ministry , by our bishops and high commissioners , and some of them imprisoned , fined , forced to forsake the kingdom , and flie to forein countries or plantations , to the great grief and discontent of their people , friends , allies , and moderate protestants ; which occasioned ‖ many new books of controversie and apologies on both sides touching church vestments , ceremonies , and many great complaints , animosities against the bishops and high commissioners , during all king james and king charles late reigns , till at last they were both suppressed by publick acts , ordinances , and ejected by force of armes in england and ireland as well as scotland , which their moderation and prudence in dispensing with these unnecessary formalities , might easily have prevented , and their rigorous re-inforcing of , or over-eager contending for them against the letter and purport of his majesties late pious and gracious declarations , after so long a discontinuance and universal dislike by all sober-minded men in this time of discontent , may without gods infinite mercy and miraculous providence , end in their second subvertion , and future suppression , which they should timely consider , as well for their own preservation , as his majesties and his peoples general satisfaction , and the churches publike peace , unity , after so many dangerous schisms , and convulsions . having given you this account of the true original institution , prescription , progress , forms of consecration , and putting on of these pontifical and sacerdotal vestments in the churches of christ , of the principal papal , episcopal decretals , councils , canons , that enjoyn them , and scriptures , arguments against them , i shall in the next place examine , answer the scripture texts , arguments produced by popish prelates , canonists , school-men and our own protestant bishops , writers , for their use and continuance in the church , which in my apprehension are very impertinent , weak , contemptible , unable to satisfie any tender conscience , or judicious sober christians judgement , though highly magnified and cryed up with great gravity , seriosity by some reverend prelates and clergy-men , as well as many illiterate novices . the 1. texts produced for the institution , use of these priest garments , under the gospel , are exod. 28. 2 , to 43. c. 29. 5 , to 30. c. 31. 10. c. 45. 19 , 20 , 21. c. 39. 1 , 14. c. 40. 13 , &c. levit. 6. 11. c. 8. 2. 13. c. 16. 4 , 23 , 24 , 32. numb . 20. 16 , 18. n●● . 7. 70 , 72. ezra . 2. 69. ezech. 42. 14. c. 44. 7 , 19. where god commanded moses ( the chief civil magistrate ) to make holy garments for aaron the high priest , for glory and honour , to minister before god in the priests office , ( which garments are there at large described ; ) and to make coats , b●nnets and girdles for aarons sons , for glory and beauty , and to make them linnen breeches to cover their nakednesse , which should reach from their loynes even to their thinges , and to put them upon aaron and his sons when they come into the ta●ernacle of the congregation , or when they come near unto the altar to minister in the holy place , and to consecrate and sanctifie aaron and his sons , that they minister to god in the priests office , that they bear not their iniquity and dye . and to take of the blood that is upon the altar , and put it upon the tip of the right ear of aaron and his sons , and upon the great toe of their right foot , and sprinkling the blood and the anointing oyl ( there prescribed ) upon aaron and his sons , and their garments , and he and they shall be hallowed and their garments with them . which garments being accordingly made by b●zaliel , by gods prescription , were put upon aaron and his sons , who were consecrated by moses , together with their holy garments , wherein they & the succeeding high-priests , and jewish priests usually ministred to the lord : whence they were stiled , priests garments , and holy garments , which they were to put on when they ministred to the lord , and to put off when their ministration was ended , as these texts at large attest ; from whence al●uinu● de divinis officiis , c. 38 , 39. honorius augustodunensis , in his gemma animae l. 1 , & 2. thomas waldensis , doctrinalis tom. 3. tit. 4. c. 29. de sacris vestibus quibus sacerdos intrat ad missam , gulielmus durantus , rationale divinorum , l. 3. the roman missal , pontifical , ceremonial , and all who write of bishops and priests vestments under the gospel , and their consecrations , * derive both their pattern and legitimation . to which i answer , that these texts are so far from justifying , that they are the strongest arguments that can be against the vestments of priests and prelates now contended for , upon these several accounts . 1. all and every of these aaronical vestments under the law , were particularly invented , prescribed , together with their matter , form , colour , use , by god himself in precise terms , not by moses or aaron and his sons alone , according to their own fancies . but the vestments , garments , rochets , surplisses of popes , archbishops , bishops , priests , deacons now contended for , were neither particularly invented , prescribed by god himself , or christ , either in respect of their matter , form , colour , use , directly or indirectly , nor by any one text in the old or new testament , but merely invented , prescribed by popes , archbishops , bishops , priests , monks , according to their own vain doting fancies . therefore no wayes justified but condemned by these texts . 2ly . all these garments were made , and the constant use of them in divine services and administrations , punctually enjoyned by gods special command , warrant , law , not by popes , bishops , councils , decretals , injunctions , constitutions , canons , visitation articles , alone , as all pontifical , sacerdotal garments , rochets , surplisses , hoods , and other such trinkets are . 3ly . they were all put on aaron and his sons , and both of them consecrated together , by moses alone , the chief civil magistrate ; not by any pope , bishop , priest or other ecclesiastical person , who now * only ingrosse and claim the right of ordaining , consecrating all archbishops , bishops , priests , ministers , deacons , ecclesiastical persons , together with the hallowing of their garments , rochets , surplisses ; and deem it no lesse than sacrilege and u●urpation for kings or civil magistrates to ordain or consecrate any of them , or order ought concerning them , but at their requests , and as their substitutes . 4ly . these garments of theirs were different both in matter , kind , form , fashion , from rochets , surplisses al●ees , hoods , planets , dulmaticks , chymeres , palls , stoles , pectoral cr●sses , cass●ckes , gownes , black silken girdles , copes , miters , square gaps , and other vestments now used , contended for by ceremonial prelates and clergy-men . therfore not warranted but condemned by these texts . 5ly . these garments were prescribed to aaron and his sons to put on only when they went in to the tabernacle , altar , temple , to offer up levitical sacrafices and services unto god ; not when they prayed , preached , instructed the people in their several cities , synagogues , or in their kings pallaces , as these texts resolve . therefore no presidents for bishops , priests , or deacons to imitate when they preach , read prayers , officiate or administer sacraments in cathedrals or parish churches and chapels . 6ly . aaron the high priest and his successors , with his sons and jewish priests sacrafices , priesthood , altars , vestments , were all temporary , typical , utterly abolished by the incarnation , passion , sacrifice , resurrection , ascention of our lord jesus christ , ( who they typified , shadowed , ) as inconsistent with , and not fit to be continued under the gospel ; as the epistle to the hebrews , galatians , romans , collossians , acts 15. and whole new testament , all commentators on them , old and new , resolve ; especially hebr. 7 , & 8 , & 9 , & 10. therefore these vestments may not , ought not to be revived , continued under the gospel , unlesse we will revive the aaronical priesthood , high priest , priest , levites , with their sacrifice● , altars , tabernacle , temple , and all other levitical ceremonies , vestments in specie , and renounce both christ himself , with his priesthood , ministry , and the gospel . 7ly . none were to put on or wear these holy garments but aaron and his sonnes , who were all priests by birth and succession , not election and ordination , as all apostles , bishops 〈◊〉 ministers , deacons were , and yet are ; who being none of the tribe of levy , or sonnes of aaron by natu●al generation , can claim no title by the law to their priestly garments , much less by the gospel , which thus expresly resolve● , hebr. 7. 12 , 13. for the priesthood being changed , there is made of necessity a change also of the law : for he of whom these things are spoken pertaineth to another tribe , of which no man gave attendance at the altar , and of which tribe moses spake nothing concerning priesthood . an unanswerable text against all evangelical bishops , ministers , deacons , claimes and pretences ( especially being gentiles , not jewes by birth , and christians by regeneration ) to aaronical , levitical priestly vestments or ornaments ; which text i desire them all to answer at their leisures . 8ly . if any allege , they onely use these garments by way of allusion or imitation , not prescription . i answer , 1. that they have no precept nor warrant in the gospel for this their allusion or imitation , but direct precepts , warrants , cautions against it , as inconsistent with the gospel , and salvation too , hebrews 6 & 7 , & 8 , & 9 , & 10. c. 12. 27 , 28 , 29. c. 13. 10 , 11. col. 2. 14 , to the end , phil. 3. 2 , 3. tit. 1. 10 , 11. gal. 4. 30 , 31. c. 5. 1 , 2 , 3 , 4 , 11 , 12. acts 15. 2ly . they have no president from the apostles , or primitive christians , churches for above 300. years after christ . * 3ly . if our bishops , priests , deacons will imitate them in their garments , it must be in fashion , species , form , end , use , as well as matter and colour , the best , reallest imitation . our bishops , ( or the pope , who pre●end themselves the high priests successors , though they can never prove it ) must then wear a brestplate , ephod , robe , broidered coat , miter , girdle , of the same materials , form as aarons were . and our pri●sts , deacons , must wear fine linnen ephods , breeches , bonnets , and none but linnen , not ‖ woolen garments on them , whiles they minister , nor any thing that may cause sweat ; and lay aside all their surplisses , hoods , gownes , copes , caps , cassocks of wool , silk , satin , 〈◊〉 , velvet , which now they use ; else they do not imitate but prevaricate from this president . 4ly . then none but bishops , ministers , deacons , nor any scholars in colleges , halls , nor singing-men , choristers , and others not in sacred orders , must wear surplisses , as now they are enjoyned by the * forecited canons ; since none but aaron and his sonnes alone were to wear these holy garments . 5ly . all these their garments must be consecrated in the self-same manner as theirs were , 1. by moses the chief civil magistrate ; not by † archbishops , bishops , priests or presbyters . 2ly . with sprinkling of blood and holy anoynting oyle upon the tip of their ears , bodies , garments , after they were put upon their backs , without any solemn prayers , holy-water sprinkled , or crosses made on them , as their episcopal vestments , surplisses , and albees are now hallowed , not upon their bodies , but before they must wear or put them on . upon all which considerations , they must now quite disclaim these texts of scripture , and aaronical , levitical garments , as fatally destructive to those they contend for , upon what ridiculous reasons , similitudes , dissimilitudes , and mystical monkish reasons and mystical significations , you may read in al●uinus de divinis officiis , cap. 38 , 39. honorius augustodunensis in his gemma animae , lib. 1 , 2. & gulielmus durantus in his rubrick to his rationale divinorum , lib. 3. de indumentis , seu ornamentis ecclesiae sacerdotum , atque pontificum , & aliorum ministrorum ; which i shall here at large insert in his own words for the readers information , conviction , reformation , or shame of all over-eager contenders for these vestment , and ceremonies , grounded upon most strange , absurd , fanatick reasons , allusions , and superstitious ridiculous mystical whimsies , frenzies , perversions of scripture , which all sober christians cannot but reject with greatest contempt , though insisted on with much gravity and ferosity by some who would be reputed the chief fathers , and pillars of the church . in quotidiano us●● non est vestibus sacris utendum , ad notandum , quod sicut mutationem habitus secundum literam facimus , ita & secundum spiritum agamus . non ergo cum vestibus communis vitae usu pollutis in sancta sa●ctorum ingrediamur , sed cum conscientia munda & vestibus mundis & sacris sacramenta tractemus , de con. di . i. c. 1. unde stephanus papa de con. di . 1. vestimenta . statuit sacris vestibus , non nisi in ecclesiasticis & deo dignis officiis uti & ezech. xl . iij. non sanctificabant populum in vestibus suis . habet ergo hiero religio . divina alterum habitum in ecclesiasticis officiis , alii in communi usu , ut cuncto populo christiano exemplum praebeat bonae convarsationis : quatenus loci prius sordes novi christo siant homines . exuit enim tunc sacerdos veterem hominem cum actibus suis , & induit novum qui secundum deum creatus est . per vestes quoque quibus in sacris utimur tantum ; non omnia sacramenta fore populo revelanda , intelligimus , xlij . dist . in mandatis . § . siq . iij. nolite . et nota , quod tempore ludovici imperatori● filii ca●oli magni , episcopi & clerici cingula auro texta , exq●isitas vestes & alia secularia ornamenta deposuerint . sacrae autem vestes à veteri lege videntur assumptae , praecepit enim dominus moy●● , ut faceret aaron sacerdoti & filiis ejus vestes sanctas , in gloriam & decorem , ut loti , & sacris vestibus induti fungerentur officio in sacris . exo. xxviij xxxi xxxv . & xl . c. docuit enim dominus moysem per. xl . dies facere pontificalia & sacerdotalia vestimenta sacerdotibus , & levitis suis ornamenta quoque & linteamina : sed & maria texuit & fecit illa in usum ministerii tabernaculi saederis . et ecclesiasti . xlvij . dedit in celebrationibus decus , &c. quaedam tamen ab apostolis sumuntur , sed tam illae quam istae virtutes designant , vel mysterium incarnationis . sane pontifex celebraturus exuit vestes quotidianas , & induit mundas & sacras . et primo sandalia calciat , ut sit memor dominicae incarnationis . secundo , sibi ponit amitum , ut motus & cogitatus fauces & linguam cohibeat , ut fiat cor mundum spiritum rectum percipiens in visceribus innovatum . tertio , albam talarem , ut habeat mundiciam carnis perseverantem . quarto , singulum , ut impetus luxuriae refrenet . quinto , stolam in signum obedientiae . sexto , tunicam jacentinam . i. coelestem conversationem . septimo , superinduit dalmaticam , id est sanctam religionem , & carnis mortificationem . octavo , cirothecas ut declinat vanam gloriam . nono , annulum ut diligat sponsam , i. ecclesiam ficut se . decimo , casulam , i. charitatem . undecimo , sudarium , ut quicquid fragilitate vel ignorantia peccat ponitentia tergat . duodecimo , pallium supponit , ut sftendat se imitatorem christi qui langores nostros tulit . decimotertio , mitram , ut sic agat quod coronam mereatur percipere aeternam . decimoquarto , baculum , i. auctoritatem potestatis , & doctrinae . et postea tabeta calcat , ut terram despicere & amare coelestia discat . omnibus autem praemissis vestibus induitur à ministris , quia ei ut vestes i●duat spirituales angeli suff●agantur , vel quod vicarius est christi , cui angeli ministrant & omnia serviant . r●●sus , pontifex versus aquilonem aspiciens , quamvis versus orientem seu versus altare si sit magis accommodum respicere possit , tanquam advocatus & pugil cum hoste pugnatu●us antiquo , vestibus sacris , quasi armi induitur , juxta apostolum ut jam dicetur . primo , sandalia pro ocreis , habet , ne quid maculae vel pulveris affectionum inhereat . secundo , amitus pro galea caput contegit . tertio , alba pro lorica totum corpus cooperuit . quarto , cingulum proarcu , sub-cingulum pro pharetra a●●●mit , & est sub-cingulum illud quod dependet a cingulo quo stola pontificis cum ipso cingulo colligatur . quinto , stola collum circumdat quasi hastam contra hostem viprans . sexto , manipulo pro clava utitur . septimo , casula quasi clipeo tegitur , manus libro pro gladio armatur . de cingulis etiam * aliter dicetur infra . haec itaque sunt arma quibus pontifex vel sacerdos armari debet contra spirituales nequicias pugnaturus . nam ut inquit apostolus : arma maliciae nostrae non sunt carnalia : sed ad destructionem muniminum potentia . et in alia episto● ephes . vi . c. induite vos , inquit , armatura dei , ut posslitis stare adversus insidias diaboli . state ergo succincti lumbos vestros , in veritate , & induti lorica justitiae , & calciati pedes in preparatione evangelii pacis , in omnibus sumentes scutum fidei , in quo positis omnia tela nequissimi ignea extinguere & galeam salutis assumere : & gladium spiritus , quod est verbum dei. haec quidem armatura est praemissa septuplex vestis sacerdotalis significativa , septiplicis virtutis sacerdotis ; & representativa christi vestium , quibus indutus fuit ipse passionis , prout infra dicetur . provideat ergo diligenter episcopus & attendat studiose sacerdos , ut signum sine significato non ferat , i. ut vestem sine virtute non portet : ne forte similis sit sepulchro à foris dealbato , intus vero omni spurcicia pleno . quisquis , n. sacris indumentis ornatur & honestis moribus non induitur quanto venerabilior apparet hominibus , tanto redditur indignior apud deum : pontificalem itaque gloriam non jam honor commendat vestium : sed splendor animarum : quoniam & illa quae quondam carnalibus blandiebantur obtutibus ea potius quae in ipsis erant intelligenda poscebant : ut quicquid illa velamina in fulgore auri , in nitore gemmarum & in multimodi operis varletate signabant , hoc jam in moribus actibusque , clarescat : cum & apud veceles reverentiam ipsa significationum species obtineret , & apud nos certiora sint experimenta rerum quam enigmata figurarum , prout haec & alia in pontificali , ubi agitur de episcopi consecratione leguntur . sic itaque munitus ad certamen cum spirituali nequiciae in coelestibus , & pro sedanda in subditos judicis ira ad altare procedit : & per consessionem diaboli renunciat dominio , & seipsum accusat ; populus vero quasi pro suo pugile oraturus in profestis diebus terrae prosternitur , dum autem ille orationes & alia recitat , quasi totis viribus cum diabolo pugnat . dum diaconus in jejuniis ante evangelium casulam super humerum replicat , quasi gladium contra hostem vibrat . dum epistola legitur voce praeconis , imperatoris edicta dantur ; cantus sunt tubicinae praecentore , chorum regentes sunt duces exercitum ad●●nam instruentes , quibus lascentibus alii subveniunt . cantus autem sequentiae est plansus seu laus victoriae . dum evangelium legitur hostis quasi gladio vulneratur : aut exercitus post victoriam dispersus adunatur . episcopus praedicans est imperator victores laudans , oblationes sunt spolia quae victoribus dividuntur . cantus offertorii , est triumphus qui debetur imperatori . pax autem in fine datur , ut populi quies hoste prostrato insinuetur . et deinde populus data licentia per ite missa est , cum gaudio de victoria & pace obteuta ad propria redit . celebraturus itaque missam episcopus aut presbyter , indumentis suo ordini congruentibus se exornat & vestium cultui actionis quoque conveniant ornamenta , c. di . rationit . circa quod notandum est quod sex sunt indumenta sacerdotibus & episcopis communia , quia & sex sunt in quibus communis presbyterorum & episcoporum potestas consistit . novem vero sunt ornamenta pontificibus specialia , quia & novum sunt in quibus spiritualis episcoporum potestas consistit . per hunc ergo communium & specialium indumentorum numerum , communitas & specialitas potestatum inter episcopos & sacerdotes significatur , de quo in parte praecedenti dictum est sub tit . de episcopo . hoc etenim tam in novo quam in veteri testamento legitur constitutum , ut pontifices praeter communes vestes habeant speciales , sed ibi quatuor erant communes , & quatuor speciales prout dicetur sub tit . de legalibus indumentis , quod siquidem ratio mistica postulabat : nam illae datae sunt carnalibus & mundanis , quoniam quaternarius numerus convenit carni propter quatuor humores , & mundo propter quatuor elementa . haec autem spiritualibus & perfectis data sunt . nam senarius numerus qui perfectus est , quia redditur ex suis partibus , aggregatis perfectis convenit . unde & sexto die perficit deus coelum & terram , & omnem ornatum eorum ; sed & cum in plenitudine tempore sexta venisset aetate , sexto die sub hora sexta redemit genus humanum . senarius ergo numerus perfectus est , quo suo ordine numeratus perficitur . nam cum unum duo & tres dicuntur , senarius numerus impletur ; vel quia in tribus partibus dividitur , i. in sexta tertia & dimedia , vizt . in uno duobus vel tribus . novenarius etiam spiritualibus convenit , quia novem sunt ordines angelorum qui secundum prophetam per novem gemmarum species designantur . quindecim ergo sunt ornamenta pontificis , quindecim virtutum gradus ipso numero designantia , quos per quindecim cantica graduum psalmista distinxit . vestes enim sacerdotales virtutes significant , quibus debent sacerdotes ornari , secundum illud propheticum : sacerdotes tui induantur justitia & sancti tui exultent . quae talares dicuntur , quia talus finis est corporis , per quod ostenditur quod non sufficit opus bonum inchoare nisi studeatur perseveranti fine compleri , prout sub ti . de tunica dicetur . sic ergo noster pontifex plura quam octo induit vestimenta , quamvis aaron non nisi octo habuisse legatur , quibus moderna succedunt , quod ideo est quoniam oportet justitiam nostram magis habundare quam scribarum & pharisaeorum , ut intrare possumus in regnum coelorum . potest etiam dici , quod noster pontifex octo habet à capite usque ad pedes : exceptis vestimentis pedum & manuum , scilicet amictum , albam , cingulum , & stolam , duas tunicas . casulam & pallium : vestimentum potius pertinet ad nostrum quam ad aaron , quia nostris dictum est , euntes in omnes gentes , &c. denique praeter praemissas vestes sacris ordinibus & ministris deputatas , est & alia quaedam vestis linea quod superpellicium dicitur , quo quibuslibet serviciis altaris & sacrorum vacantes super vestes communes uti debent , prout in sequenti ti . dicetur . superpelliceum autem propter sui candorem , mundiciam seu puritatem castitatis designat . juxta illud , omni tempore vestimenta , id est opera tua sint candida & munda , propter nomen vero suum carnis mortificationem figurat . dictum est enim superpellicium , eo quo antiquitus super tunicas pellicias de pellibus mortuorum animalium factas induebatur , quod adhuc in quibusdam ecclesiis observatur , representates , qd . adam post peccatum talibus vestitutus est pelliciis . tertio , denotat innocentiam , & ideo ante omnes alias vestes sacras saepe induitur , quod divino cultui deputari innocentiam vitae cunctis virtutum actibus super ponere debent . juxta illud psal . innocentes & recti adheserunt mihi . quarto , propter sui latitudinem congrue charitatem designat . unde super prophanas & communes vestes induitur ad notandum quod charitas operit multitudinem peccatorum . quinto , propter sui formam quod in modum crucis formatur , passionem domini figurat , quodque illud gerentes crucifigi debent cum viciis , & concupiscentiis : fiunt autem superpellicia in quibusdam locis de crismatibus lineis , quae ponuntur super infantulos baptizatos , exemplo moysi , qui de purpura & bisso , & aliis à populo in tabernaculo oblatis , fecit vestes quibus aaron & filii , ejus induerentur quum ministrabant in sanctis , exod. xxxix . c. est etiam & alia vestis quod pluviale vel cappa vocatur , quod creditur à legali tunica mutuata . unde sicut illa tintinabulis , sic ista simbris insigitur , qui sunt labores & hujus mundi solicitudines . habet etiam caputium , quod est supernum gaudium , prolixa est usque ad pedes , per quod perseverentia usque in finem significatur . in anteriori parte aperta est , ad denotandum , quod sanctae conversantibus vita pater aeterna se● quod eorum vita patere debet aliis in exemplum , xi . q. iij. non sunt in fi●e . rursus per cappam gloriosa corporum immortalitas intelligitur , unde illam non nisi in majoribus festivitatibus induimus , aspicientes in futuram resurrectionem , quando electi deposita carne binas stolas accipiente i. e. requiem animarum & gloriam corporum . quae cappa recte interius patula est , & nisi sola necessaria fibula insuta , quia corpora spiritulia sacta nullis animam obturabunt angustii● : simbriis etiam subornatur , quia tunc nostrae nihil deerit imperfectioni , sed quod nunc ex parte cognoscimus tunc cognoscemus sicut & cogniti sumus . quidam au●em haeretici garriunt , nusquam reperiti in novo testamento , quod christus vel discipuli ejus praemistis vestibus induerentur , reprehendentes nos temere , quia talibus utimur ornamentis , quoniam sicut jo ait dom. surgens de caena posuit vestimenta sua & postea alia nunquam accepit nisi sua . nos vero , ut dicunt , plura alia quam vestimus revestimus in missam qua caenam ipsam imitamur , & dominus ab his qui volunt ambulare in stolis , nos cavere praecepit , dicens , cavete à scribis qui volunt ambulare in stolis ; dicunt enim quod hoc facimus ut justiores & excellentiores populis appareamus , contra illud , vos estis qui justificastis vos coram hominibus , deus autem novit corda vestra , quia quod hominibus altum est , abhominatio est apud deum . error autem iste ex praemissis apertissime confutatur . legitur quoque ezech. xlii . & xliv . cum ingredientur sanctuarium meum & accedant ad mensam meam ut mihi ministrent & custodiant ceremonias meas , vestibus lineis induentur , nec ascendet super eos quicquam laneum . cum ingredientur atrium exterius ad populum , exuent se vestimentis suis in quibus ministraverant , & non sanctificabant populum in vestimentis suis . et nota , quod hostiarii , lectores , exorcistae & accoliti vestibus albis utuntur , videlicet superpelliceo , amicto , & alba , & baltheo , ut angelos dei ministros per castitatis mundiciam imitentur , & eis in carne gloriosa effecta spirituali quasi in albis vestibus socientur . inde est quod potius lineis vestibus utuntur , quia sicut linum multo labore ad candorem perducitur , fic necessa est per multas tribulationes ad regni gloriam pervenire . in concilio magon . xi . q. 1. episcopus presbyter , statutum est , quod episcopus in ordinatione sua recipiat orarium baculum & annulum , presbyter orarium & planetam ; diaconus orarium & dalmaticam ; sub-diaconus patenam & calicem , & cum degradantur ea perdunt . et in concilio toletano , xciij . di . diaconus , in conventu statutum est quod diaconus tempore oblationis tantum , scil . quando legit evangelium , utatur alba & dalmatica . notandum quoque est quod vestes evangelici sacerdotis aliud designant in capite scilicet , in christo ; aliudque figurant in membris , quamquam & caput & membra sacerdoti●nomine nuncupantur : ad caput dicit psalmigraphus : tu es sacerdos in aeternum secundum ordinem melchisedech ▪ ad membra vero dicit apostolus ; vos estis genus electum , regale sacerdotium . exponenda ergo sunt eorum mysteria . primo secundum quod membris , consequenter secundum quod capiti scilicet christo conveniunt , prout in quolibet capittulo distinguetur . de ornamentis autem & palleis & vestibus ecclesiae vel altaris , in prima parte dictum est , ubi agitur de picturis . porro sex indumenta sacerdotibus & episcopis communia sunt haec ; amictus , alba , zona , seu cingulum , stola , manipulus , planeta . novem vero pontificibus specialia sunt haec , caligae , sandalia , succinctorium , tunica , dalmatica , chirothecae , mitra , annulus , baculus pastoralis . de quibus omnibus singulatim prosequimur , & etiam de sudario , & de pallio , & de coloribus quibus ecclesia in ecclesiasticis utitur indumentis , & de legalibus indumentis sive veteris testamenti . after which he prosecutes at large in sundry distinct chapters , the reasons of instituting each of these particular pontifical , sacerdotal vestments , and their mystical tropological significations , with such frantick , ridiculous conceits , and impious pervertings , wrestings of sacred scriptures , as would affect all consciencious sober christians with grief and indignation , and others with more laughter than any enterlude or puppet-play . i shall only transcribe this chapter de alba , or the white surplisse , the vestment now most in question ▪ post amictum , camisiam sive albam sacerdos induit ; quae membris corporis convenienter aptata , nihil superfluum aut dissolutum in vita sacerdotis aut in ●is membris esse debere demonstrat . haec ob speciem candoris mundiciam demonstrat ; secundum quod legitur ; omni tempore vestimenta tua sint candida . fit autem de bisso , vel lino , propter quod scriptum est , bissum sunt sanctificationes sanctorum . est autem bis●us linum egyptiacum . sic●t enim linum vel bissus candorem quem ex natura non habet multis tonsionibus attritum acquirit per artem , sic & hominis caro mundiciam quem non obtinet per naturam , per exercitia bonorum operum multis cogitationil us macerata , sortitur per gratiam . sacerdos ergo secundum apostolum , castiget corpus s●um & in servitutem redigat , ne forte cum aliis praedicaverit , ipse reprobus fiat . habet autem alba capu●ium , quod est professio castitatis . habet etiam linguam , quae significat linguam sacerdotalem quae ligat contumaces & absolvit penitentes . rursus haec vestis quae in veteri sacerdotio linea , vel pedis grece , seu tunica talaris dicebatur , stricta fuisse describitur propter spiritum servitutis judaeorum in timore . in novo vero larga est propter spiritum adoptionis in libertate qua nos christus liberavit . quod autem aurifrisium & gramata diversis in locis ac variis operibus ad decorem habet , illud insinuat quod propheta dicit in psalmis , astitit regina à dextris tuis in veste deaurata circa . varie . rursus alba cingula stringitur , ut omnis voluptas carnalis astricta intelligatur , dicente dont . sint lumbi vestri praecincti . manicae quoque tam albae quam etiam tunicellae convenienter debent esse strictae , non minus laxae , ut labantur & brachia nudentur , habentes in summitatibus aurifrisia , ad designandum aureos torques , quia brachia nuda beati martini missam celebrantis miraculose decenter operuerunt , prout in sexta parte sub ejus festo docetur . per albam etiam qua corpus à sursum usque ad deorsum tegitur , spes quem ex gratia provenit eccelesiae desursum , & ex meritis ecclesiae deorsum figuratur . de hac apostolus ad roman viij . spe salvi facti sumus . quia vero usque ad talos descendit , perseverentiam designat , prout tactum est prope in prohemio hujus partis . porro , secundum quod capiti , scilicet christo , advenit alba quae est lineum vestimentum longissime distans à tunicis pellitiis , quem ex mortuis animalibus fiunt , quibus adam vestitus est post peccatum , novitatem vitae significat quem christus & habuit & docuit & tribuit in baptismo ; de quo dicit apostolus ; exuite veterem hominem cum actibus suis , induite novum qui secundum deum creatus est . nam in transfiguratione resplenduit facies ejus sicut sol , & vestimenta ejus facta sunt alba sicut nix , semper enim vestimenta christi munda fuerunt & candida , quoniam peccatum non fecit , nec inventus est dolor in ore ejus . haec etiam vestis representat albam vestem in qua herodes illusit christo . luc. xxiij . in answer to this popish chaff i shall only propound the poets interrogation to the readers of this irrational rationale , spectatum admissi risum teneatis amici ? i now proceed to their second scripture reason for the use of white surplisses and rochets , which is this , white , and white garments are a sign or badge of holynesse , innocence , purity , joy and gladnesse , as is evident by psal . 51. 7. isay 1. 18. dan. 11. 35. rev. 3. 4 , 5 , 18. c. 4. 4. c. 6. 2 , 11. c. 7. 9 , 13 , 14. c. 19. 18. eph. 5. 25 , 26 , 27. eccles . 9. 8. therefore bishops , ministers and deacons ought to wear white rochets , surplisses and albees in time of divine service and sacraments . thus alcuinus , honorius augustodunensis , thomas waldensis , gulielmus durantus , archbishop whitguift , mr. hooker , and sundry other writers argue . to which i answer , 1. that white is not alwayes a sign , badge of purity and innocency , but oft times of corruption , defilement , guilt , & that in the scriptures , priests and prelates account . as 1. in the case of leprosy ( the worst , a uncleanest of all diseases ) a white scab , spot , skin , was a sign , symptome , consequent of the plague of leprosy ; whence it is recorded of b miriam and c gehazi , when smitten miraculously by god with leprosy for their sinnes , that they became leprous , and went out a leper as white as snow . 2ly . in the case of hypocrisie , especially in false prophets , priests and clergy-men , against whom christ himself gives this description , caution , mat. 7. 15 , 16. beware of false prophets , who come unto you in sheeps cloathing ( which is commonly d white , as wool is ) but inwardly they are ravenous wolves , ye shall know them by their fruits ; compared with mat. 23. 2 , to 12. mar. 12. 38 , 39 , 40. beware of the scribes and pharisees , which love to go in long-cloathing , ( long * white surplisses , gownes , gassocks , cloakes , as bishops , priests , deacons use to do ) which devour widows houses , and for a pretence make long prayers but all their works they do to be seen of men : they make broad their philacteries and enlarge the borders of their garments : and love the uppermost rooms in feasts , and the chief seats in the synagogues : and greetings in the market place , and to be called rabbi , rabbi : but be ye not called ; rabbi , for one is your father which is i● heaven , and all ye are brethren . which text our famous apostles e john wickliffe and others applyed to the popish prelates and clergy , their surplisses and vestments , f as thomas waldensis , and others relate : together with that of matth. 23. 25 , 27 , 28. wo unto you scribes and pharisees , hypocrites , for ye make clean the outside of the cup and of the platter , but within they are full of extortion and excess . thou blinde pharisee , cleanse that first within the cup and platter , that the outside may be clean also . wo unto you scribes and pharisees , hypocrites , for ye are like unto whited sepulchers , which indeed appear white ( or beautifull ) outward , but are within full of dead mens bones , and of all uncleannesse : even so ye also ( in your long white surplisses and priestly garments ) appear righteous unto men , but within ye are full of hypocrisie and iniquity . upon which account paul stiles g annanias a whited wall. h 3ly . popes and bishops themselves when they degrade any clergy-man or bishop for heresie , uncleannesse , or any other scandalous crime , apparel him first in surplisses , rochets , and consecrated vestments ; after which they disrobe him of them : and when they inflict penance on adulterers , adulteresses , whores , bawdes , whoremasters , and other scandalous , unclean offendors , they cause them to stand in white sheets or surplisses in the church before all the congregation to their shame , by way , of punishment . whence the synods under galo and simon the popes legats ; the synods of paris * forecited ; and other authors usually stile a surplisse , supplicium , a penance or punishment , because offendors did penance in a surplisse or white sheet . therefore surplisses and white garments even in churches are a badge of guilt , infamy , as well as of innocency , purity , and honour . 4ly . st. hierome himself , i and caelius rhodiginus out of him , censure the wearing of white garments by monks , k as a badge of luxury and pride , not innocency , purity or humility . and is it not so in bishops , priests , deacons , who thereby will not only difference themselves from , l but advance themselves above lay christians ; as appears by this prayer in the roman pontifical , when they put on their surplisses , and priests vestments at their ordination , as clerks , omnipotens sempiterne deus , propitiare peccatis nostris , & ab omni servitute saecularis habitus hos famulos tuos emunda , ut dum ignominiam saecularis habitus deponunt , tua semper in aevum gratia perfruantur , &c. and these words of the archbishop to the king at the time of his coronation , when he placeth him in his throne , a stand and hold fast from henceforth that place , whereof hitherto thou hast been heir by the succession of thy forefathers , being now delivered unto thee by the authority of almighty god , and all the bishops and servants of god ; ( clad in their pontificalibus ) and as thou seest the clergy to come nearer unto the altar ( than others , in their white rochets , surplisses , ) so remember , that in places convenient , thou give them greater honour . finally if white garments be a token of innocency , purity , then porters , carters , groomes , virgins and country lasses , who usually go clad in white frockes , wastcoats , garments all the day , week , year long , should be more holy , innocent , pure than bishops , priests , deacons , who wear them only for a few hours in the church , and are clad in black garments only all the day , week , year , which are as contrary to innocency , purity , as white is unto black . 2ly . white is not alwayes a badge , or garment of joy , but oft times of mourning and grief , as in the cases of pennance and degradations forecited ; and in these ensuing presidents . b alexander ab alexandro , c bremus and d others record , that the grecians , spartians , argivi , syracusians used to put on albas vestes white garments , when they mourned for their deceased friends and kings , in which they followed their corps to their graves , involved usually in white winding sheets and cere-cloathes ; plutarch , and e aretius out of him informs us , that the roman matrons , mourned in white garments . in f china at this day the nobles and better sort of women use to mourn in white array ; the better sort of g turks use to mourn in white ; and in japan white is a funeral colour , black a festival . yea , h at this day the i queens of france after their husband kings decease wear white garments during their widow-hood , in token of grief and retiredness : and in many places of england when any maids dye before mariage , other virgins use to accompany their hearse to their graves in white wastcoats , gloves , ribonds ; therefore white garments cannot be of themselves , a badge of joy , chearfullnesse , triumph , for then white winding-sheets should be , wherein we all inter dead corps . 3ly . white garments are no peculiar badge of evangelical bishops or ministers of the gospel , and that only in divine administrations ; for as i never read that christ or his apostles , or the primitive evangelical bishops , ministers , deacons , or for above 350. years after christ used any such vestments , surplisses , rochets in divine administratious , which doubtlesse they would have done had they deemed them necessary , decent or expedient ; so on the contrary , i read , 1. that the a tapyrae , bactriani , iberi , and other barbarous nations about hyrcania , compell their women to wear and walk abroad albis tunicis in white coats , and short cut hair ; when as the men only wear black vestments , and let their hair grow long . 2. that the romans in their circentian playes had 4. factions , clad in 4. several sorts of coloured garments , b ( just like the popish priests and prelates ) according to the four seasons of the year ; to wit , in green-coloured garments , dedicated to the spring : in rose-coloured vestments , devoted to the harvest : in violet-coloured , consecrated to winter : c and in white garments , dedicated to autumn , when men ( as well as fruits and leaves ) usually drop into their graves . and that the romans used to resort to , and behold their playes , toga candida in a white gown or surplisse , which was no act of religion , but pastime . 3ly . that those who stood for any elective offices among the romans were usually clad in white garments , from whence they were stiled candidati , as caelius rhodiginus proves at large out of d titus livius , e plutarch , f pliny , g vlpian , juvenal and others ; which candidates h usually bribed the people to gain their voyces with mony , meat , drink , feasts , ( notwithstanding many successive severe lawes made against it ) as too many knights , citizens , burgesses now use to bribe their electors before and at every parliamentary election , with gifts , feasts , and drunken entertainments , for which they deserve expulsion out of the house of commons , far better than d thomas long , who in the parliament of 8. elizabeth was expelled the commons house , upon examination of his case , only for giving the maior of westbury ( in wiltshire ) 4. l. to be elected a burgesse to serve in that parliament for this his corrupt dealing ( which was to poyson the very fountain it self ; ) and the maior fined and imprisoned ; whereas some now spend one , two , or three thousand pounds a piece in countries to be elected knights : and others one , two , three , four or five hundred pounds a piece or more to be chosen citizens and burgesses for the last , & this approaching parliament , in bribes , wine , ale , beer , tobacco , feasts , and drunken entertainments , ( which will hardly produce a sober parliament , and for which the elements now mourn , yea drop down showers of wrath upon us ) for which bribery they well deserve to be cast out of the parliament-house , e and fined treble the value of their bribes and expences , to his majesty ; since the pagan romans were so just as by the law of c. petilius tribune of the people , to impose a fine and penalty of ambition upon q. coponius , quod vini amphoram ei cujus suffragio magistratum petebat , dono dederat . and if his giving but a quart or pottle of wine was reputed a bribe deserving punishment , what do they demerit who give whole tuns , buts of wine , and many barrels of ale , beer to their electors for their voyces ? yea those mercinaries who thus unworthily sell their voyces , deserve to be for ever disabled to have any voyce in future elections ; and this roman law is now fit to be enacted among us , vt in petendis honoribus , candidati sine toga ad comitia descenderent , ne pecuniis in sinu reconditis tribuum suffragia mercarentur . 4ly . that the idolatrous f priests of isis amongst the aegyptians , when they sacrificed to this idoll , did shave their crowns , and wear white surplisses , garments , ( just as the popish priests do now ) above a 1000. years before christians took up this fashion ; and the g roman matrons in the feast of their goddesse ceres , did annually sacrifice to her , veste candida , in a white garment , ut tunc diis gratum esse censerent , si à laetis , nec à funere pollutis celebraretur . 5ly . that the h four monks of st. denis abbey in france , who carry the canopy over the viol of holy oyl ( pretended to be sent from heaven ) at the french kings coronation , albis induti , are arrayed in white surplisses and rochets , though not in holy orders . 6ly . that our bishops themselves , and the abbot formerly , but now the dean of westminster , at our kings coronation , stripping off his ordinary apparel , put on him a i collobium , dalmatica , or close pall , linnen gloves and sandals , immediately after his consecrating , as they use to do on bishops and priests , of whose holy vestments , these are parcel . either therefore they must acknowledge our kings to be bishops and priests as well as themselves , or disclaim these vestments as proper or peculiar to bishops , priest and clergy-men . 4ly . admit white garments , rochets , surplisses a badge of innocency , purity , holynesse , as is pretended , and therefore fit to be worn in time of divine service and sacraments by bishops , priest , deacons , and other ecclesiastical persons ; then it will certainly follow from hence . 1. that all christians whatsoever ought to wear white surplisses , rochets , albees , as well as popes , archbishops , metropolitans , bishops , arch-deacons , deans , prebends , priests , ministers , deacons , and other church-men . 1. because they are all equally purified , washed from their sins externally by baptisme , and internally by the blood of jesus christ , yea justified , sanctified , and made holy without spot or blemish ; as well as any prelates , priests or clergy-men whatsoever , eph. 5. 25 , 26 , 27. rev. 1. 5 , 6. c. 7. 14. 1 john 1. 9. c 2 ▪ 1 , 2. 1 cor. 6. 11. tit. 3. 5 ▪ hebr. 10. 22. psalm . 51. 7. isay 1. 18. 2ly . because they are all commanded to be pure , holy , blameless , undefiled in all manner of conversation , and godlynesse , even as god is holy , as well as clergy-men . upon which account they are usually stiled saints , holy men , holy brethren ; and redeemed by christ for his very end , that they should walk before and serve him in holyness and righteousness all the daies of their lives , 1 pet. 1. 15 , 16. rom. 11. 49. c. 19. 2. c. 20. 7. 2 pet. 3. 11. eph. 5. 25 , 26. col. 3. 10 , 11 , 16 , 17. 1 thes . 5. 16 , 23 , 27. hebr. 3. 1. rev. 1. 5 , 6. c. 3 ▪ 18. c. 7. 14. lu. 1. 74 , 75. tit. 2. 12 , 14. rom. 1. 7. c. 6. 1. 4 , &c. c. 8. 10 , 11 , 29 , 30. ephes . 4. 24. c. 1. 4. phil. 1. 1. philem. 5. 7. 2 cor. 1. 1. c. 13. 13. col. 1. 2 , 4 , 12 , 26. rev. 15. 3. c. 19. 8. psal . 34 ▪ 1. psal . 62. 8. psal . 106. 3. 1 tim. 2. 8. 3ly . because they are all equally a chosen generation , a royal priesthood , a holy nation , a peculiar people , yea made kings and priests to god the father by jesus christ , as much as prelates and clergy men , 1 pet. 2. 9 , 10. rev. 1. 5 , 6. c. 9. 10. c. 20. 6. exod. 19. 6. 4ly . because god is no respecter of persons , ( especially in his immediate worship , service ) but in every nation he that feareth god , and worketh righteousness is equally accepted of him , acts 10. 34 , 35. 1 pet. 1. 17. ephes . 1. 6. 5ly . because all the saints and redeemed of christ , have equally washed their garments , and made them white in the blood of the lamb , and are arrayed in spiritual ( not corporal ) white garments , as well as prelates and priests , rev. 3. 4 , 5 , 18. c. 6. 11. c. 7. 9 , 13 , 14. c. 19. 8. therefore if necessary , decent expedient in gods divine service , all lay saints should wear them as well as bishops or clergy-men . 2ly . then it will necessarily follow , that not only prelates and other clergy-men , but likewise all christians should wear rochets , surplisses , and white vestments at all times , as well as in time of divine service , of sacraments administrations ; especially in all their private prayers , devotions in their closets , houses , families , ( where bishops , priests , deacons themselves use not to wear them ) and in all places as well as in cathedrals , churches , chapels , since they ought to be alwaies holy , innocent , undefiled , white , pure in all their actions , conversations , showing as lights of the world in the midst of a polluted and perverse generation , as 1 ephes . 1. 4. c. 5. 26 , 27. c. 4. 22 , 23 , 24. phil. 2. 15. 1 pet. 1. 15 , 16. 2 pet. 3. 11. and other forecited texts resolve . 3ly . it was * an antient custom in the primitive church ( long before bishops , priests or deacons wore white rochets , surplisses , and linnen vestments ) beginning before 300. years after christ , and continuing near 1400. years space , or more , in most christian churches , to put on long white robes , surplisses , garments , on all such christians as were baptized , immediately after their baptisme , in testimony of their purification and washing from their sinnes in their baptism , by the blood of jesus christ . hence lactantius flourishing about 300. years after christ , in his book de resurrectione christi , hath this elegant expression , rex sacer , ecce tui radiat pars magna trophaei cum puras animas sacra lavacra beant . candidus egregitur nitidis exercitus undi atque vetus vitium purgat in amne novo , fulgentes animas vestis quoque candida signat . et grege de nived gaudia pastor habit . this custom of apparelling baptized persons in white robes and garments , is likewise attested by gregory nazianzen oratio 3. ambrose de sacramentis , l. 3. c. 1. and de his qui initiantur , c. 7 , 8. within 370. years after christ , and not long after by olympidorus in eccles . c. 9. gregorius turonensis , hist . l. 9. c. 4. and our venerable beda , hist . ecclesiastica gentis anglorum , l. 2. c. 14. where relating the history of our king edwins and his peoples conversation to the christian faith , and baptizing by paulinus , anno christi 627. and of his sons soon after , addes quorum primi albati adhuc ( that is , whiles clad in white garments after their baptisme ) erepti sunt de hac vitae . abbot alchuvinus scholar to beda , and tutor to charles the great , describing the forms and ceremonies of baptisme about the year of christ 800. * records , that the person baptized , after his baptisme , elevatur de fonte , ut per gratiam surgat ad vitam . deinde albis induitur vestimentis propter gratiam regenerationis , et castitatem vitae , et angelici splendoris decorem . tunc sacro crismate caput perungitur & mystico tegitur velamine , ut intelligat se diadema regni & sacerdotis dignitatem po●tare , juxtà apostolum , vos estis genus electum , regale , sacerdotale , offerentes vosmet ipsos deo vivo hostiam sanctam & deo placentem . therefore they are entituled to wear white garments , surplisses , rochets , as well as any bishops or priests whatsoever , who upon this account ought not to advance themselves above , or distinguish themselves from other baptized lay-christians . ‖ rabanus maurus , flourishing about 840. years after christ , writing of the formes and ceremonies of baptism , relates that after baptism , a white garment was delivered to every person baptised . post baptismum traditur christiano candida vestis , quae signat innocentiam & puritatem chrstianam , quam post ablutas veteres maculas statio santae , conversationis immaculatam servare debet ad praesentandam ante tribunal christi . cujus verò renati albis induuntur vestibus , ad mysterium resurgentis ecclesiae futurum . vtuntur vestibus albis , ut quorum primae nativitatis infantiam vetusti erroris pannus suscaverat , habitus secundae regenerationis gloriae praeferat indumentum . the continuance of this custom in after-ages is attested by vincentius beluacensis , spec . hist . l. 23. c. 145. enfordiensis , c. 66. aponius , l. 6. in cantica caut. the century writers , cent. 8 , 9 , 10 , 11 , 12 , 13. c. 6. tit. de ritibus circa baptismum , and to name no more , by our thomas waldensis , about the year of christ 1420. doctrinalis tom. 3. tit. 5. cap. 52. sect . 1 , 2. de veste candida quam accipit baptizatus , which he largely descants upon as a badge , of their purification , innocency , washing away their sins , and making them as white as snow , and putting on the lord jesus christ , citing rom. 12. ezech. 16. psal . 50. exod. 24 ▪ heb. 3. mat. 12. isaiah 1. cant. 1. ( all produced by him and other papists , for bishops and priests , white rochets , albees , surplisses . ) dionysius areopagita , origen , ambrose and rabanus , to justifie this custom , from whence the lords day , easter week , and the feast of pentecost , on which christians heretofore were usually baptized , and then clad in white garments , were stiled dominica et feria in albis , and by our english calanders , nation till this day , called white-sunday , and white-sontide , because all persons baptized on them , and virgins too , were then usually clad in white garments . feria 2. in albis , hac hebdomada ( to wit after easter ) vocatur , quod sabbato sancto baptizati , vestem candidam , quam in baptismo acceperant gestare consueverint , ac in ea induti ac albati , usque ad alterum sabbatum , quo solenni ritu albas deponebant , writes learned * george cassander . if then this antient custom of clothing all baptized persons in white robes , rochets , surplisses , so long continued in the churches of christ , before any such vestments wore by bishops , priests , deacons , grounded on the self-same texts , reasons , and some better grounds than bishops , priests , or deacons wearing these garments , he now totally laid aside , ( through the pride , usurpation of popes , prelates , clergy-men , who appropriate them only to themselves by way of distinction from other christians ) without any scandal or prejudice to religion ; then à fortiori bishops , priests , deacons rochets , surplisses , and other vestments , may be discontinued and laid quite aside as uselesse , superfluous , if not schismatical , dividing , discriminating christians from christians , and clergy-men themselves from one another , raising many unnecessary contests , inconsistent with our churches peace and unity . 6ly . if a white colour , or white linnen garments be badges of innocency , purity , chastity , and should mind those who wear them of , and excite them to these virtues , as is pretended , then there is no need at all of white surplisses , albees , rochets or lawnsleeves for these purposes . for 1. every bishops , priests , deacons , and other mans white skins , ( the natural garment of his body , which he wears upon him all his life ) or his white linnen shirt , wastcoat he wears day and night , all the week , year long ; his white linnen bands , cuffs , handkerchiefs , and linings of his dublet , hose , or the white sockes he usually puts on every day , and not puts off till night , his white linnen night-cap , sheets which he lyes down and sleeps in every night , the white linnen napkins , table-cloaths , towells he daily useth the white bread , meat , milk , egges he eateth every meal ; the white wax or tallow-candles he burns ; the white sealings , walls , he beholds in his house , church , chapel every day ; the white paper wherein he writes , and all the bibles , missals , common-prayers , and other books , papers he reads written or printed ; the white corporals ; altar-cloaths he beholds at every sacraments ; the white frocks of porters , carters , millers grooms , hostlers they daily wear ; the white dublets of , men , wastcoats , peticoats , aprons , linnen mautles of every woman , the white sleeps , beasts , foul , birds , snow , hail , wool , flax , or radiant light of the sun , moon , stars , and via lactea in the heavens , might abundantly mind every bishop , priest , deacon , ( unless more dull and averse from purity , piety , innocency and sincerity than any other sort of christians ) and more effectually excite every clergy-man , or pious , reasonable christian , to innocency , purity , sincerity , than all their albees , rochets , surplisses , or other church vestments , which they wear only for a short season , not constantly all the day , as they do their other induments . and why white rochets , surplisses , lawn-sleeves alone , should be badges , memorials of , or incentives to purity , innocency , chastity ; rather than all other white ordinary vestments , utensils , meats , creatures : or why archbishops , bishops , priests , deacons , and clergy-men alone should wear them , when as all wear white shirts , bands , cuffs , and other linnen garments , as well as they , without distinction , no solid reason can be rendered to satisfie any reasonable mans judgement , or conscience . 7ly . if white be a badge of innocency , holynesse , chastity , purity , as is pretended , then why should not archbishops , bishops , priests , deacons , and all cathedral-men wear white hats , caps , gownes , cassocks , girdles , doublets , breeches , stockings , shooes , ( but only black , red or russet vestments as sundry p popish councils , and our own canons enjoyn them ) as well as white rochets , surplisses , or lawn-sleeves ? or why should they not wear only their shirts , instead of surplisses , rochets , upon their gowns , cassocks and wearing cloaths , or their surplisses , rochets , lawn-sleeves under their other cloaths , instead of shirts ? it was a witty question a q pratling girle of seven years old demanded of doctor laud when bishop of london , arrayed in his white lawn-sleeves and rochet . pray vncle why do you wear your shirt upon your gowne and sleeves ; when other men wear their shirts under them ? at which the bishop smiling , could return her no answer but this , that it was the custom of bishops to do it . and had she demanded of him further , how his white sleeves & rochet alone could be a badg of his universal innocency , purity , sanctity when his gowne and all the rest of his garments were coal-b lack ? or , whether his innocency , purity , sanctity were not put off together with his lawn-sleeves , rochet , and laid quite aside till he put them on again ? he could hardly have returned a satisfactory answer to these demands . 8ly . if bishops and clergy-men wear white rochets , surplisses in the church only to distinguish them from the people , and others not in orders . then 1. no unordained singing-men , parish clerks , choristers , scholars in our universities , should be commanded , as now , but prohibited to wear surplisses in the church . 2ly . bishops and ministers respective consecrations , ordinations , presentations , inductions , installments to their bishopricks , & benefices , perception of their rents , profits , tythes , and their constant preaching , praying , officiating , baptizing , administring the lords supper , and diligent exercising of their ministry in the church , are sufficient of themselves without any rochet or surplisse , to difference them from the people , as r good trees are best known by their fruits , not leaves : so are good , pious , holy bishops , and ministers of the gospel , best known and distinguished from the laity by their good fruits , by their diligent discharge of their duties , functions ; their exemplary , transcendent piety , charity , humility , heavenly-mindednesse , and by renouncing the pomps , vanities , riches , honors of this present world , and all the sinfull lusts of the flesh , according to their baptismal vow , even as pope coelestine the 1. asserted long since in his epistle to the french bishop , cited in the title page . the ſ council of calchuth under our king alswoold , anno 787. cap. 3. prescribes this as the principal badge and duty of every bishop , priest , ut diligenti cura ad gregem sibi commissum praedicet . the councill of clovesho , an 747. and the excerptions or canons of egbert archbishop of york , about the year 750. decree : vt unusquisque episcopus & sacerdos omnibus festis & diebus dominicis evangelium christi praedicet populo . vt episcopi nullatenus secularibus negotiis , plusquam d●i servisiis ( quod absit , as most have done ) subditi existant , sed maxime curam animarum habeant , ut secundum apostolum , populum dei suis exemplis benè corrigant , & sanae quoque doctrinae sermonibus instruant ; bonis utique moribus , abstinentiae virtutibus , justitiae operibus , doctrinae studiis adornati . yea the t 2d . councill of cavailon , under the emperor charles the great , about the year 810. cap. 1 , 2 , 4 , 5. decreed , according to the decrees of the holy canons , and the doctrine of other sacred scriptures ; vt episcopi assidui sint in lectione , & scrutentur mysteria verborum dei , quibus in eccles●is doctrinae fulgore splendeant , & verborum dei alimentis animas sibi subditas saciare non cessent . vt ea quae legendo persecutantur , opere compleant * juxta illud , caepit jesus facere & docere . et memoria ferentibus mandatum ejus , ut faciant ea . et quia non auditores legis sed factores ejus justificabuntur et ut regnum dei non est in sermone sed opere , sint subditis norma vivendi , ità videlicet , ut & verbis & exemplis populo ad aeternam patriam pergenti ducatum praebent ; vt vita eorum & doctrina nequaquam discordent , sed quod dicunt , faciant , & quae faciunt docere studeant , et praedicatione assidua plebem admoneant , & falce justitiae à credentium mentibus vitiorum spinas eradicent , & verbi dei semine agros mentis eorum ad faecunditatem perducant . vt humilitatem atque religionem , & in vultu , & in opere , & in habitu , & in sermone demostrent . vt juxta apostoli vocem irreprehensibiles sint & moribus ornati , & nequaquam turpibus luchris deserviant , juxtà illud quod ait scriptura ; nemo militans deo implicat se negociis secularibus , ut ei placeat cui se probavit . the * bishops in the council of paris under lewis and lotharius , anno 829. unanimously decreed . statuimus pari voto , parique consensu , ut unusquisque nostrum dictis & exemplis , plebes parochiae suae attentius ad meliora incitens , studeat , easque ut se à malis cohibeant , &c. solicitè admoneant , cum itaque praedicatores sine cessatione populo dei praedicare necesse sit , juxta illud * isaiae . clama , necesses , quasi tuba exalta vocem tuam , & annuncia populo meo scelera eorum , &c. tum maximè ) id facere necesse est , quando iram domini contra populum dei , meritis exigentibus , grassari perspexerint . juxta illud quod dominus per ezechielem prophetam loquitur , ezech. 3. 17. &c. & c. 33. 7 , 8 , &c. which is seconded by many other * councills in and after that age . hence ‖ odo archbishop of canterbury in his constitutions about the year 943. cap. 3. de officio episcopi , admonished all bishops and presbyters , quatenus cum honestate & modestia , bonis exemplis in sanctae religionis pietate praedicent , & populum dei doctrina sua erudiant & informent , ut suas parochias omni anno cum omni vigslantia praedicando verbum dei circumeant : absque ullo timore vel adulatione cum omni fiducia verbum dei praedicare , regi , principibus populi sui , omnibus dignitatibus , & nunquam veritatem subter fugere . upon which considerations our famous martyr * john purny preached at bristow , an. 1392. quod quilibet sacerdos magis debet demittere matutinas , missam & vesperas , & caeteras horas canonicas quam praedicationem verbi dei , eo quod solum traditione humana ordinantur ; and nicholas de hereford then publickly taught , nullas est verè praelatus , nec habilis ad praelaciam nisi sit doctor et praedicator , which positions our un-preaching and rare-preaching prelates then deemed heretical , though the very doctrine of st. paul , 1 tim. 3. 2. 2 tim. 4. 1 , 2 , 4 , 5. acts 20. 28. the discharge of these their episcopal and sacerdotal duties , would more adorn and demonstrate them to be bishops and ministers● , then all their episcopal or sacerdotal vestments , wherewith they now load and make themselves more unable to discharge these duties . i shall close up this particular with the words of our famous john wicliff , dialogorum l. 4. c. 17. de avaritia cleri . f. 128. sic intelligunt aliqui dictum christi , mat. 10. nihil tuleritis in via , ne peram , &c. non enim debent viri apostoloci tardari cum alique temporali , quod vel eorum affectionem , vel occupationem , quo ad suum officium impediret . nuda autem & moderata habitio per vergam gestam in manibus potest intelligi . vnde sicut oneratus multiplici vestimento est saepè per hoc indispositus ad iter : sic ( episcopus & sacerdos ) oneratus temporalibus est saepè indispositus ad prodessendum ecclesiae : et ad istum sensum dixit christus ubi supra , neque duas tunicas habeatis , & ista lex christi est fundata in lege naturae cum qua nemo poterit dispensare : therefore no popes no bishops can dispence therewith , much lesse decree against it . 9ly . for the objected text of eccles . 9. 8. let thy garments be alwaies white : if taken only in a * mistical sence for purity of life , chastity , innocency , or justification by the blood , robes of the righteousnesse of jesus christ , as some expound the place , it is nothing to the purpose ; if literally interpreted , it quite subverts the objectors . for 1. it is universal , extending equally to all lay-men and clergy-men , not confined to bishops , priests , deacons , and ecclesiastical persons alone , to whom white rochets and surplisses are appropriated . 2ly . it is universal in respect of time and place ●oo , let thy garments be alwaies white , as well by night as by day ; as well before and after divine service , masse , sacraments , as during their celebration ; as well out of cathedrals , churches , chapels , as in them ; as well in your eating , drinking , feasting , and private family , or closet devotions , as in the cathedral or parochial church or chapel , at common-prayers or sacraments ; to which times and places alone the wearing of rochets , surplisses , principally confined by popish councils , and our bishops canons , against the words of this text. 3ly . this text no wayes relates to common prayers , divine service or sacraments in the church , or to bishops , priests , deacons ; ( not then in use ) but to mens * feasting & joyfull conversation out of the church , as is evident by the next succeeding words , and let thy head lack no oyntment . live joyfully with thy wife whom thou lovest , all the dayes of thy vanity , &c. and the words next preceding , go thy way , eat thy bread with joy , and drink thy wine with a merry heart , for god now accepteth thy works . therefore to apply it only to divine service , sacraments , and appropriate it to bishops and clergy-men , their rochets and surplisses , is a most grosse abuse , and perversion of this text , and the x popish canons prohibiting the marriage of priests , prescribing the wearing of black gowns , cassocks , by bishops , priests , deacons , ( if ever intended in this text ) are diametrically repugnant thereunto . 4. the words are in the plural number , let thy garments be alwayes white ; therefore bishops , priests , deacons should alwayes wear white hats , gownes , dublets , stockings , shooes , as well as white rochets , surplisses ; yea wear their rochets , surplisses alwayes as they do their shirts ; not wear black goats , gowns , cassocks , dublets , hose at any time , and their rochets , surplisses only in the church , as their * councils and canons prescribe , point-blank against this text , under severe penalties . 4ly . the roman missals , pontificals , and gulielmus durantus prescribe the wearing of other coloured garments , even in time of masse , divine service , and sacraments , beside white , and the laying aside of white garments in the church it self on sundry festivalls and dayes of publick worship . as namely blacke vestments , ( not white rochets or surplisses ) all the passion week before easter , on dayes of affliction , and abstinence for sinne , in rogations , in masses or processions for the dead , from advent till the vigills of the nativity , and on the feasts of innocents ; on which day some used to weare blacke , others red ; upon sundry other lords dayes and feasts they prescribe bishops and priests to wear red , on other daies green or violet vestments , and white only on other sundayes , festivals , in the celebration of divine service and administration of sacraments ; whence they style white , red , black , green , the * four principal colours used by the church ; to which they reduce these five other colours , used likewise in the roman church , viz. scarlet , silken , violet , saffron , rose-colour , producing several texts of scripture ( miserably wrested by them ) for to prove the use of all these respective colours in the time of gods publick worship , as well as the use of white , seconded with sundry mystical reasons and significations , which those who please to make themselves merry with , may read at large in durantus , l. 3. de quatuor coloribus quibus ecclesia in ecclesiasti●is utitur indumentis : now this objected text , let thy garments be alwayes white , routs all these romish regiments of black-coats , red-coats , green-coats , blew-coates , yellow-coats , scarlet-coats , silken-coats , rose-coats , at once , and white-coats too , as appropriated onely to churches , divine service , sacraments , bishops and ecclesiastical persons . therefore they must henceforth either renounce this their objected text , or all these their sacred vestments and foreceited robes , to which they are so much devoted . the third scripture argument for the necessary use of white rochets , surplisses in divine service and sacraments administration , is from dan. 7. i beheld till the thrones were cast down , and the antient of dayes did sit ; whose garment was white as snow , and the hair of his head like the pure wool , &c. compared with mat. 17. 2. mark 9. 3. luke 9. 3. jesus taketh peter , james and john and bringeth them into a high mountain apart , and was transfigured before them , and his face did shine as the sunne , and his garment was white as the light : ( so matthew ) and his rayment became shining , exceeding white as snow , so as no fuller on earth can white them ; so mark records it : ergo , bishops , priests , deacons must wear white rochets and surplisses in time of divine service and sacraments in all churches , chapels , is but a ridiculous non sequitur . for first , that text in daniel relates onely to christ sitting on the throne as a judge , at the end of the world , not officiating as a priest in the church . ergo , all judges must wear white robes , surplisses when they sit on judgement , is a better inference thence , than that bishops , priests , deacons must wear them when they mininister in the church . secondly , his hair was white as wool , as well as his garment , therefore they should all have white hair or periwigs , as well as white rochets and surplisses , when they celebrate divine service or sacraments . thirdly , our * saviours transfiguration was miraculous , not ordinary ; but once , not weekly ; in a high mountain apart , not within a temple , synagogue , church , cathedral , before three onely of his disciples , not the whole congregation or multitude : and his ordinary wearing garments miraculously became white and shining as the light , not as linnen ; and so exceeding white as no fuller on earth can white them , and that onely during this transfiguration , not afterwards . therefore this miraculous president gives not the least shadow of warrant or president for bishops , priests , deacons ordinary wearing white rochets or surplisses when they read common-prayer , or administer sacraments in churches ; and they might , like christ , forbear such white garments , till by miracles their faces become shining as the sun , and their black , ordinary wearing garments become as white and shining as his . fourthly , our saviour never put on a white garment , robe or rochet whiles he publickly prayed , preached upon earth ; nor yet when he was thus transfigured in the mount , nor did peter , james or john , who were present at , and witnesses to his transfiguration , nor any other of his apostles we read of , wear any white rochets , surplisses , or linnen vestments when they preached or celebrated the lords supper , or baptisme in imitation of our saviour white shining garments , neither were they or their garments thus transfigured or made white when present at christs transfiguration , or afterward . therefore bishops , priests , prelates upon all these accounts , should henceforth lay aside these vestments , since christ himself and his apostles never used them ; and no longer wrest our saviours miraculous transfiguration , and these sacred texts , beyond all bounds of reason , modesty , christianity , to maintain their own popish superstitious inventions , and abuse the ignorant vulgar with such grosse delusions , which all judicious sober christians must either abominate or deride . the fourth plea insisted on for bishops rochets , and priests white surplisses in time of divine service and sacraments , is that of matth. 28. 3. and mark 16. 5. at the time of christs resurrection , an angel of the lord descended from heaven , rolled back the stone from the sepulchre and sate upon it : his countenance was like lightning , and his rayment white as snow . and his disciples saw a young man ( to wit this angel in a young mans shape ) sitting on the right hand of christs sepulchre , cloathed in a long white garment : who said unto them , be not afraid , for ye seek jesus of nazareth which was crucified : he is risen , he is not here : ergo , bishops , priests , deacons must weare white rochets or surplisses in divine administrations . i answer , first , that the person thus clad in a long white garment , was an angel of the lord descending from heaven , not a bishop , priest , deacon or minister . secondly , his long white garment was no rochet nor surplisse . thirdly , he wore it not at all in any temple , church or synagogue , but once at or in our saviours sepulchre . and that but once , at his miraculous resurrection , not constantly or ordinarily : fifthly , to roll away the stone , and instruct christs disciples of his resurrection , not to say mass , preach , or read common prayer , or administer the lords supper . sixthly , the disciples who saw him thus clad never imitated his white garments while they lived , much less should bishops and priest ( who never saw him ) after their decease , without warrant from christ , the angel or disciples . the self same answer serves to the objection from acts 1. 10 ▪ where two angels in the shape of men stood by the disciples in white apparel , whiles they behold christs ascention into heaven , and spake the words there recorded to them : which waldensis , durantus and others impertinently alleadge , for the use of long white surplisses , vestments , or rochets of bishops and priests in the church . 5. the fifth text produced is that of rev. 3. 4. thou hast a few names in sardis , which have not defiled their garments , and they shall walk with me in white for they are worthy . ergo , bishops must wear white rochets and surplisses in time of masse and divine service : acute logick , worthy of laughter rather then reply . for 1. these few persons in sardis were neither bishops nor priests ; these words being not spoken to nor of the angel of the church of sardis ; ( whom our bishops and prelatists will needs have to be the sole bishop of that c●urch , but to others : ) therefore if any argument may be hence deduced for the use of rochets or surplices , it is , that lay saints who have not defiled themselves with sins corruptions of the times , but kept themselves undefiled , must wear rochets and surplices , not temporizing bishops or priests . 3. they are promised , hereafter to walk in white with christ in heaven , and that by way of reward , witnesse ver . 5. he that overcommeth the same shall be cloathed in white rayment , and i will not blot his name out of the book of life , but i will confesse his name before my father and his angels ; not commanded to say masse , or common-prayer in the church on earth by way of duty , ministry or distinction from other saints . 3. the white garments here meant , are only the robes of eternal glory in heaven ; not white rochets , lawn sleeves , or material surplisses , as the abusers of this text pretend and must acknowledge . 6. the sixth text produced for surplisses and rochets is rev. 4. 4. and round about the throne , were twenty four seats , and upon the seats i saw twenty four elders sitting cloathed in white rayment , and they had on their heads crowns of gold . ergo , bishops must wear white rochets , miters of gold , and priests white surplisses . the sequel is denyed . 1. because there is no bishop but only elders mentioned in the text. 2. these elders are but twenty four , and they only had white rayment . 3. they sate in heaven upon thrones in their white robes , not in any church or cathedral on earth . 4. they sate constantly in those white vestments , and never did put them off . 5. they had no other rayment on them but these white robes : therefore all bishops and priests , if they will be like these elders , and pursue these presidents , must wear no black doublets , cassocks , gowns , cloaks , wastcoats , but only white rochets , surplisses as they did . 6. they sate in them upon thrones , and had all crowns of gold upon their heads : if this then be a president for our lordly royal prelates , and clergyes punctual imitation , they must all sit upon thrones with golden crowns on their heads , like kings , as well as with white rochets , surplisses on their backs like prelates and priests ; which i presume they yet dare not do , and his majesty with his nobility will not now suffer , should their pride and ambition prompt them to it . 7. the seventh president insisted on is , rev. 6. 9 , 10 , 11. where st. john saw under the altar , the souls of them that were slain for the word of god , and for the testimony which they held , &c. and white robes were given to every one of them . if any consequences can be hence deduced , they are only these . 1. that those saints and laymen , who suffer martyrdom for the word and testimony of god on earth , shall have white robes , not of fine linnen , but of eternal glory , given them by god for a reward in heaven . not that bishops and priests alone , which were never slain nor martyred for christ , and none else but they must now wear white rochets and surplisses , on earth . 2. these souls lay interred , crying to god from under the altar , to avenge their blood on them that dwell on the earth . therefore they are no presidents or warrant for bishops or priests to wear surplisses or white rochets when they officiate at or upon their new erected altars , and dispence christs body and blood sacramentally to their people , in their cathedrals and parish churches . 3. these white robes were not material ones , made of ●awn or linnen by semstresses , nor bought with money ; but spiritual and heavenly , made , and freely given unto them by god himself : therefore bishops and priests who contend for material rochets and surplisses from this text ; must now quite renounce them , and produce some better proof . 8. this they presume to do in the eighth place , from rev. 7. 9 , 13 , 14. cha . 15. 6. and cha . 19. 14. which i shall couple together to make the proof more strong . after this i beheld and a great multitude which no man could number of all nations , and kindreds , and people , and tongues stood before the throne , and before the lamb , cloathed with white robes , and palms in their hands . and cryed with a loud voice , salvation to our god which sitteth upon the throne , and unto the lamb , &c. and one of the elders answered saying unto me , what are these which are arrayed in white robes ? and whence came they ? and i said unto him , sir , thou knowest : and he said unto me , these are they which came out of great tribulation , and have washed their robes , and made them white in the blood of the lamb ; therefore are they before the throne of god , and serve him day and night in his temple , &c. and the seven angells came out of the temple , having the seven plagues , cloathed in white , and having their breasts girded with golden girdles . and i saw heaven opened , and behold a white horse , and he that sate upon him was cloathed in a vesture dipt in blood , and his name is called , the word of god. and the armies which were in heaven followed him upon white horses , cloathed in white linnen , fine and clean . ergo , bishops and priests , ought alwayes to wear white rochets and vestments in time of mass , sacraments and divine service . can any wise men or fools either , forbear laughter at such a ridiculous conclusion from these premises , as durantus , walden with other papists , and some of our own prelates and ceremony-mongers deduce from them with great seriousnesse , but little candor and sobriety . especially if they well consider , 1. that those arrayed in white robes , rev. 7. 9 , 13 , 14. were not bishops , priests or ecclesiastical persons alone , or under any such capacity ; but a great number which no man could number , of all nations and kindreds and people , and tongues . therefore if any proper consequence can be hence deduced in relation to white rochets or surplisses , it is only this , that all sanctified , regenerate christians , saints , of what nations , kindred , people and tongues soever , ought to wear white rochets and surplisses . secondly , all this innumerable multitude of all nations and people thus cloathed with white robes ; stood clad continually in them before the throne and lamb , serving god in them day and night , and never put them off , having no other vestments besides , vers . 15 , 16 , 17. therefore if this text be pressed home , in relation to bishops , priests , ministers , they ought alwayes to wear their rochets and surplisses day and night , but not vestment else , and never to put them off ; and alwayes to stand before god in his temple day and night , as these saints did but never to sit in their thrones , stalls , pues , nor yet to kneel as they now usually do . thirdly , that bishops and priests ought alwayes to have palms in their hands , as well as long white robes and rochets , on their backs in the temple , because all these white saints had so . fourthly , these saints white robes wherewith they were clad , were only spiritual , not corporal or material ; even their white and immaculate holinesse by the washing away of their sins in the blood of christ ; as is evident by the text , these are they which came out of great tribulation , and have washed their robes , and made them white in the blood of the lamb , compared with rev. 1. 5. ephes . 5. 27 , 28. fifthly , the seven angels comming out of the temple cloathed in pure white linnen , had the seven plagues , and poured out the viols of gods wrath upon the earth : therefore if real bishops ( as our prelates pretend the angels of the seven churches were , ch . 2. 1 , 3. ) who went constantly clad in their white robes , as well out of the temple as in . it will be no great honour to them to be thus arrayed , since they only carried the plagues , and poured out the viols of gods wrath upon the earth , when thus arrayed . sixthly , if the last text be truly inforced , it will thence most properly be inferred , that bishops , priests and clergy-men should alwayes ride and march about upon white horses , cloathed in clean and fine white linnen , not on black or bay horses , nor in black canonical coats , cassocks , cloaks , as now they usually do . 2 ▪ that they must march many together in troops and armies thus arrayed . 3. that all other christians following jesus christ , ( the word of god ) should do the like , rather then that they should only say masse , read common-prayers , preach , administer the sacraments in fine white linnen garments , rochets , surplisses , in their cathedral or pari●h churches , wherein they never use to ride on horses , but onely out of them . these are all the scriptures produced for the justification of the use , conveniency , and decency of bishops rochets , and clergy-mens surplisses ; which though alledged with very great gravity and seriousnesse , by chose who pretend themselves the most reverend , learned fathers of the church , are most palpable abusers , and wretched perverters of gods sacred word , to countenance their own vain innovations and superstitions , as the premises demonstrate . to draw towards a conclusion of this discourse : i have oft times admired , that when most sorts of labourers , workmen , servants , set themselves to their occupations and work , they constantly put off their outward wearing garments , and ordinary wearing cloaths , as impediments thereunto , that yet popes , bishops , deacons , ministers , when they are to officiate and labour in the work of their ministry , should put on far more garments on their backs , than they had on before , contrary to the apostles practice , and our saviours command , who bid them when he sent them forth to preach , mat. 10. 10. mark 6. 9. luke 9. 3 ▪ not to provide , or put on two coates apiece : which would hinder them in their ministery . we daily see watermen , when they intend to row and ply their oars , that carters , threshers , mowers , reapers , carpenters , masons , bricklayers , carriers , tanners , butchers , fullers , when they buckle themselves to their respective works ; footmen , when they travel or run a race ; yea , noblemen , gentlemen , and others , when they seriously set themselves to their very recreations in the tennis-court , or field , dousually strip themselves to their very shirts or wastecoats , that they may more vigorously pursue their work , callings and recreations . and why bishops , priests , deanes , prebends , archdeacons , ministers , deacons , should not do the like when they are to discharge the work of their ministery ; but on the contrary , load themselves with cassockes , gowns , copes , surplisses , rochets , girdles , planets , palls , chymeres , pectoral crosses , hoods , caps , miters , crosiers , or three or four more vestments than they had on before , seems a riddle unto all who seriously consider it ; of which no other true , solid reason can be rendered , but that they intend to loyter , or do their work coldly , negligently , or by halves , rather than vigorously , zealously to pursue it . this experience it self sufficiently manifests to be the genuine reason ; for ever since popes , archbishops , bishops , deanes , chapters , and other clergy-men ( contrary to the apostles , primitive bishops , and ministers practice ) have loaded themselves with cassockes , gownes , copes , palls , rochets , miters , surplisses , hoods , and other superfluous vestments , they have been very negligent and remisse in preaching , ( the principal work of their ministery ) in administring the sacraments , fasting and praying too , which they translate to their curates and choristers : yea , popes , patriarchs , archbishops , bishops , deanes , prebends , who have greater honours , revenues , and more variety of vestments on their backs than other ministers , usually have been , and still are , lesse frequent , diligent , zealous , fervent , and more cold , frozen , sloathfull , in preaching , praying , and the work of the ministery , than the inferiour clergy , and poorest curates ; it being a general observation , that poor country curates , lecturers , ministers , who have small pensions , benefices , and scarce money in their purses to buy a cassock , gown , hood , surplisse , or canonical coat , do preach , fast , pray , read divine service , baptize , administer the lords supper , catechise , visit the sick more frequently in one year , than popes , archbishops , bishops , deanes , canons , and other rich pluralists in ten or twenty years space . it is a common observation , that the forehorse in the teame , which carries all the plumes , bells , trappings , usually draws and works the least ; that sumpter horses , which carrie kings , nobles , judges , prelates , commanders robes , vestments , when they travel , are more slow in their pace than hackney horses , which bear no such lumber ; that officers and souldiers who are most loaden with multiplicity of offensive or defensive armes , are slowest of all others in their march , like david in sauls heavy armour , 1 sam. 17. 38 , 39 , 40. yea , most unweldy , unserviceable when they come to fight ; that the little creepers , not the great brasse shining andirons , bear all the wood , and heat of the fire : and is it not so with bishops & clergymen ? the more rich , great , pompous they grow , the more pontifical or priestly vestments they wear , the less spiritual work and service they perform ; yea , so sloathfull are they ( for the most part ) in the * work of the lord , wherein they should alwayes abound ; that instead of sweating in the lords harvest , they put on double or trebble the cloaths they had before , when they are to read , preach , pray , or administer the sacrament , to keep them from freezing , even when they are at their harvest labour . god preserve his church from such cold , frozen , unzealous , lazy workmen , and * send forth more painfull laborers ( not so muffled up in variety of vestments ) into his vineyard and harvest . nothing more ( that either i know or have read ) can be objected for these surplisses and superfluous church vestments , but their pretended antiquity and usage in the church . to which i answer , 1. that they were neither known to , * nor used , nor prescribed by christ himself , the antient of dayes , nor by his apostles , nor by the primitive christians , bishops , ministers , deacons , for above three hundred years after christ ; therefore they are all but modern novelties , in respect of apostolical , real , primitive antiquity ; and so rather to be decryed , rejected as innovations , then approved for their pretended , not true antiquity , as well as other * old popish prelates . 2. for their pretended decency , i have not only read many learned , discreet , consciencious , sober scholars treatises , censuring them as undecent as well as superfluous ; but heard some ladies , women , yea children , deride them as meer antick disguises . 3. if tertullians book de pallio , or 2 tim. 4. 13. may be umpire , a cloak will be more ancient , decent for a minister , bishop , christian , then a rochet or surplisse . 4. antiquity is no plea at all in point of vestments , whose forms , fashions , ‖ matter , are alwaies various , mutable with times and places ; whence the holy ghost himself useth this expression in sacred writ , * as a vesture shalt thou change them , and they shall be changed , but thou art the same . that english man or woman who should now take up or retain the garments , fashions used in adams , the britains , saxons , danes , normans times ; or but in the reigns of king edward the third , fourth , fifth , sixth , henry the eighth , queen elizabeth , or king james , would be reputed a cynick , fantastick , or fanatick ( especially at court ) and the very boyes in the streets would shout at them . why then should not bishops and ministers rochets , surplisses , church vestments be as changeable as other mens garments , or their own ordinary wearing cloathes , which they all change with the times ? we know by experience , that all nations , manners , laws , governments , governours , customs , languages , are variable , yea changed with times and occasions ; that all things under the sun are subject to variation ; why not then these ecclesiastical vestments , about which there have been formerly so many frequent and sierce contentions , for our churches and kingdoms peace ? our very humane bodies ( and bishops , ministers bodies too , as well as others ) are daily subject to alterations : from infancy to youth , from youth to manhood , from manhood to age , yea to old age , from health to sicknesse ; and shall bishops or priests vestments only be immutable ? though originally grounded on popes decrees ; instituted by them to adorn their exploded sacrifice of the masse , and altar-services , and founded upon strange perversions of sacred scriptures , or most absurd , ridiculous , monkish , fanatick reasons , mystical significations , crochets , and the pretended transubstantiation of the bread and wine into christs natural body & blood , which all protestants cannot but disclaim . since therefore what the apostle concludes of meats , is likewise true of all these vestmets : * but meat ( a rochet , surplisse , hood , &c. ) commend us not to god ; for neither if we eat ( or wear them without scandal to others ) are we the better ; neither if we eat ( or wear them ) not , are we the worse . let all bishops , ministers , christians , upon the consideration of the premises , henceforth take up the same apostles resolution and inference from thence , recorded for their imitation : but take heed lest this liberty ( or power ) of yours , become a stumbling block to those that are weak ; and through thy knowledge shall the weak brother perish , for whom christ dyed ? but when ye sin so against the brethren , and wound their weak consciences ( by using or imposing these garments on them , with rigor , against their wills and judgements ) ye sin against christ ; wherefore if meat ( much more then if wearing these pontifical , sacerdotal vestments ) offend , or make my brother to offend , i will eat no flesh ( much lesse wear or impose all or any of these church vestments ) whilst the world standeth , lest i make my brethren to offend . and seeing these old proverbs are most true , inserted into the canon law it self , * cucullus non facit monachum , non item isiacos linostola ; aut sacerdotes amictus linei : non cathedra sacerdotem facit , sed cathedram sacerdos ; nec locus seu vestis sanctificat hominem , sed locum & vestem homo . upon which considerations , the * fourth council of carthage , can. 15. & 45. decreed , vt episcopus vilem supellectilem , & mensam ac victum pauperem habeat , & dignitatis suae authoritatem , fidei & vitae meritis qvaerat , nec vestibvs nec calceamentis decorem qvaerat , ( which is since inserted by gratian into the body of the popes canon law , though he truly addes in his glosse , hoc hodie non tenet quia modo habent amplas possessiones . ) i shall heartily , humbly , and importunately beseech all bishops , ministers , deacons and christians whatsoever in general , and all true members of the church of england in special , upon serious perusal of all the premises , from henceforth , not with the roman pontifical or durantus magno conatu nugas agere , as popes , popish prelates , priests , fryers , and little children use to do ; nor yet to place the least holinesse , piety , necessity , or indispensible expediency in the use or wearing of episcopal and sacerdotal vestments , in celebration of divine-service and sacraments ; nor any longer rigorously to impose , or unchristianly to contend about them , they being just like accidents in relation to the substance of gods worship and true religion , which may be as well absent as present , without destruction of , or prejudice to either ; but rather seriously to fix all their meditations upon those white windingsheets , wherein they shall all shortly be interred in their graves , stript naked of all those priestly rags , robes , vestments , about which they now overmuch contend ; and seriously to endeavour to put off those old filthy rags of fin , and put on all those spiritual garments , armour , graces , which the gospel it self in direct terms enjoyns them to put on , and that under pain of eternal damnation , in these ensuing texts ( wherewith i shall conclude ) about which there will , there can be no disputes , rom. 13. 12 , 13 , 14. let us therefore cast off the works of darknesse , and put on the armour of light : let us walk honestly , as in the day , not in rioting and drunkenness , not in chambering and wantonnesse , not in strife and envying ; but pvt ye on the lord jesvs christ , and make no provision for the fl●sh , to fulfil the lusts thereof , ephes . 4. 22 , 23 , 24. that ye put off concerning the former conversation , the old man , which is corrupt , according to the deceitful lusts ; and ●e renewed in the spirit of your mindes ; and that ye put on the new man , which after god is created in righteousnesse and true holinesse . ephes . 6. 11 , &c. pvt on the whole armovr of god , that ye may be able to stand against the wiles of the devil : stand therefore , having your loins girt about with truth , and having on the breast-plate of righteousnesse , and your feet shod with the preparation of the gospel of peace ; above all , taking the shield of faith , wherewith ye shall be able to quench all the fiery darts of the devil : and take the helmet of salvation , and the sword of the spirit , which is the word of god : praying alwayes , with all prayer and svpplication ( not with common or canon prayer alone , to which too many now confine themselves and others ) watching thereunto with all perseverance and supplication for all saints . col. 13. 12 , 13 , 14 , 15. pvt on therefore ( as the elect of god holy and beloved ) bowells of mercy , kindnesse , humblenesse of mind , meeknesse , long-suffering , forbearing one another , and forgiving one another , if any man have a complaint against any , even as christ forgave you , so also do ye : and above all these things , pvt on charity , which is the bond of perfectnesse and let the peace of god rule in your hearts , to the which also ye are called in one body , and be ye thankefull : let the word of christ dwell in you richly in all wisdome , teaching and admonishing one another in psalms and hymns , and spiritual songs , singing with grace in your hearts to the lord : and whatsoever ye do in word or deed , do all in the name of the lord jesus , giving thanks to god and the father through him . the putting on of all these evangelical white sacred garments , the using of such church prayers and musick , in all cathedrals , collegiate and parochial churches , by our bishops , ministers , deacons , and others ; and the abandoning all papal , unevangelical , * illegal , dangerous oaths of canonical obedience from ministers to bishops , not warranted by law or gospel , ( thus censured , inhibited , by the whole second council of cavailon , under charles the great , about the year 812. cap. 12 ) dictum est de quibusdam fratribus , quod eos , quos ordinaturi sunt iurare cogant , quod digni sint , & contra canones non sint facturi , et obedientes sint episcopo , qui eos ordinat , & ecclesiae , in qua ordinantur : quod iuramentum , quia periculosum , omnes una inhibendum statuimus , which oaths are now rigorously inforced , against his majesties declaration , and petition of right , 3 caroli , to support these superfluous vestments and ceremonies ) will throughly reconcile all dissenting parties ; but a period to all future controversies concerning the premises , and make us all the temples of the living god ; who will then say , i will dwell in them ▪ ( walk in them ) and will be their god , and they shall be my people . prov. 25. 2. the honour of kings is to search out a matter . 1 thes . 5. 41 , 42. prove all things , hold fast that which is good , abstain from all appearance of evill . an appendix to the fourth section , concerning the use of white , black , and other coloured garments , both by pagans , jews and christians , in feasts , funerals , plays , inaugurations , sacred duties , and their various mystical significations , excellency and dignity . because i would pretermit nothing , which may either inform , or satisfie the learned readers of this pacifick examination , relating to the use of white vestments , both among pagans , jews and christians , upon several civil and religious occasions , grounds , reasons ; i thought ●it ( by way of appendix ) to annex this ensuing learned discourse of joannes gulielmus stuckius , tigurinus , concerning white garments , in his 2 d book , antiquilatum convivialium ; cap. 26. de vestitu conviviali ; de vestium albarum ( quae in epulis potissimum usurpari fuerunt solitae ac in genere coloris albi usu , significatione , praestantia ac dignitate : editio secunda , tiguri , 1597. f. 234. to 240. fraught with greatest variety of learning , of any treatise i have read concerning this subject . sequitur nunc tertia corporis ad epulas futuras praeparandi actio , quae in vesitu consistit , &c. equidem ex veterum scriptorum monumentis facilè colligi posse existimo , albi potissimùm coloris vestitum in conviviis usitatum fuisse , ita ut nigris vestibus accumbere apud gentes quasdam nephas duceretur : unde & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bachar , elegit nonnulli arbitrantur , compositum à 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 chor , candidum , quòd quae sunt candida , eligantur & approbentur . philo de vita theoretica testatur , judaeos olim dierum festorum convivia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , hoc est , albatos seu candidatos agitare fuisse solitos : ex quo illud : quovis tempore vestimenta tua candida sunt . huc quoque referendus ille mos judaeorum decimum quintum diem mensis ab celebrandi vestibus albis , atque choreis : de quo sic scriptum extat in tabanit fol. 26 , p. 1. decima quinta mensis ab , id est , julii , filiae jerusalem egrediebantur in vestibus albis , quas qui non habebant , à ditioribus mutuò sumebant , ne , cui vestes deerant , remorarentur , quò minus ad choreas venirent : omnes vestes lavabantur . filiae jerusalem egrediebantur , & choreas ducebant , in vineis . quid verò dicebant ? adolescens attolle oculos tuos , & vide quam tu velis eligere ex omnibus , ne respicias pulchritudinem , siquidem fallax est , at eam , quae deum timet , laudes . idem mos apud romanos quoque fuit . hinc horat. lib ▪ 2. sat. ille repotia , natales , aliosve dierum . festos albatus celebret . de usu vestium candidarum in diebus festis apud romanos multa alia testimonia praeter horatii , extan● apud auctore● . xiphilinus , die celebri romae ob ingressum teridatis ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , id est , populus albatus , & laureatus . vopiscus in florian. tantum illud dico : senatores omnes ea laetitia esse elatos , ut domibus suis omnes albas hostias caederent , albati sederent . persius : — negato juppiter hoc illi , quamvis te albata rogaret . prudentius contra symmachum , exultare patres videas pulcherrima mundi lumina , conciliumque senum gestire catonum candidiore toga , nivium pietatis amictum sumere . et ovidius , vestibus intactis ( usu nondum sordidis , aut absoletis ) tarpeias itur in arces ; persius in re simili , et populus festo concolor ipse suo est . scilicet hoc populo pexusque togaque recenti et natalitia tandem cum sardonyche albus sede leges celsa . idem satyr . 2. vota negato juppiter haec illi , quam●● albata regant . ●d est , vestibus albis amicta . cic. in leg. color albus praecipuè * deo decoru● est , cùm in caeteris , tum maximè in textill . nec verò solûm in natalitiis , & repotiis , & nuptialibus aut sponsalibus , sed etiam in funebribus coenis hauc consuetudinem servatam fuisse . locuples testis est m. tullius in va●●nium : ubi illi objicit , quòd coenaverit atratus : verba ejus haec sunt : atque illud etiam scire cupio , quo consilio , aut qua mente feceris , ut in epulo cn. arii familiaria mei cum toga pulsa accumberes : quem unquam videri● , quem audieris , quo exemplo , quo more feceris ? dice● , supplicationes te illas non putasse . optime . nullae fuerint supplicationes , &c. quis unquam coenavit atratus ? ita enim illud epulum est funebrae , ut munus sit funeris , epulae quidem ipse dignitatis . sed omitto epulum , populi romani festum diem argento , veste , omni apparatu visendo : qui● unquam in lactu domestico , quis in funeri familiari coenavit cum toga pulla ? cui de balneis exeunti ( en consuetudinem balneandi ante epulas ) praeter te , toga pulla unquam data est ? cum tot hominum millia accumberent : cum ipse epuli dominus quintus acius albatus esset , tu in templum castoris te cum caio figulo atrato , caeterisque tuis furiis funestum intulisti . quis tum non ingemuit , &c. hunc tum morem ignorabas ? nunquam epulum videras ? nunquam puer , aut adolescens inter coevos fueras ? fausti adolescentis nobilissimi paulo ante ex epulo magnificentissimo famem illam veterem tuam non expleras ? quem accumbere atratum videras dominum cum toga pulla & ●jus amicos ante convivi●m ? quae te tanta tenuit amentia , ut tu , nisi id fecisses , quod fas non fuit , nisi violasses templum castoris , nomen epuli , oculos civium , morem veterum ( hinc constat morem hunc fuisse vetustum ) ejus qui te invitarat auctoritatem , parum putares testificatum esse , supplicationes te illas non putasse . ex gravi hac ciceronis invectiva satis constat , romanos veteres convivia iniisse albatos , ita ut nephas ducerent pullatum , se● atratum in convivio etiam funebri accumbere . idem color albus & japponiis adhuc hodie in luctu est usitatus . sidonius quoque apollinatis ad hunc albarum vestium in exequiis , epulisque exequialibus usum allucit lib. 5. epist . ad aumastum : nam libenter , inquit , incedunt armati ad epulas , albati ad exequias , pelliti ad ecclesias , pullati ad nuptias , castorinati ( castoriis pellibus induti ) ad laetanias . plutarchus testatur in problematis , foeminas antiquius in luctu vestes , virtasque albas gestasse ( qui hodie reginarum galliae lugentium mos est , teste polid. virgil. ) & argis quoque teste socrate , albas vesles aqua elutas , in luctu gestare fuisse solitas . ibidem cadaver quoque defuncti albo tegmine involutum fuisse scribit . apud graecos , ut scribit alex. ab . alex. lib. 3. cap. 7. sed sine auctore , soeminae , virique in candida veste cum coronis , amplissimi viri exequias prosequuntur , & veluti in luctu publico complorant promiscuè , quod fuit in more syracusanis , qui candido amictu velati , & fronte coronati , timoleonem extulere . sycionii similiter aratum in veste alba , & coronis sepulchro intulere . in imperatorum roman . funeribus , vestes albas adhibitas fuisse , plutarch . & herodim . testantu● . colorem album antiquitus matronis in luctu fuisse usurpatum , s●aliper quoque testatur lib. 1. poet. sic blo●dus quoque foroliviensis lib. 2. romae triumphantis & urbinas ille , qui libros de inventoribus rerum scripsit , & alii non indocti viri , nulla temporum adhibita distinctione , in luctu antiquas mulierer , albas semper vestes usurpasse exis●imant . verum hos errare , & pullas , fuscas nigras seu atras ( quas anthracinas vatro vocat , quasi dicas carbonarias ) antiquissiniis temporibus fuisse lugentium vestes , hiero● . magius lib. 3 miscell . cap. 14. veterum quorundam auctoritate probat . varro de vita patrum , ut apud nonium legitur , de muliere : propinquae , inquit , adolescentulae , etiam adolescentuli proximi amiculo nigello , capillo promisso sequuntur luctum . idem : ut dum supra terram essent , ricinis lugerent , funere ipso pulli pallis amictae . erat autem ricinum , ut nonius ait , quod sua aetate masurtim dicebatur , palliolum faemineum breve , cuj●s formam appingit ipsemet varro lib. 4 de lingua latina , apul. lib. 2. de asino aureo : umbrosum , inquit , demonstrat cubiculum , matronam flebilem , fusca veste contectam . eadem quoque apud craecos consuetudo fuisse videtur : siquidem iphigenia euripidis clit●mnestrae matri in jungit , ne suam ob mortem crinem laniet : idemque ut suis renunci●● sororibus , scilicet ne quando nigris vestibus membra contegant . unde & hom. i● . lib. 24. thetim futuram filii necem deflentem , velo nigro tectam jovem adire facit . niger enim color mortalis est , ut inquit hippocratin lib. de morbo sacro , sive quisquis ille fuit , qui librum illum conscripsit , quem galenus hyppocratis esse nepat . theoc. in epitaphio adonidis , venerem cyanea stola indutam , ad lugendum adonidis mortem invitat . nigrarum vestium mos apud mulieres romanos mox obsolevit , ut plutarchi testimonio intelligitur . deinde moribus depravatis , & viros albas vestes in luctu usurpasse , colligere possumus ex his julii pauli verbis lib. 1. sententiarum , sub titulo de sepulchris & lugendis . qui luget , inquit , abstinere debet à conviviis & alba veste . livius scribit , in luctu matronas romanas nibil aliud quàm purpuram aurumque deponere , quae : cùm eluxerunt , resumunt . dionis . halicar . l. 5 refert , romanas matronas valerium publicolam brutumque luxisse annuum tempus , depositione auri & purpuroe , ut est illis luctus consuetudo in necessariorum cognatorumque funebribus . alex. ab alex . l. 5. cap. 18. scribit diebus natalitiis & calendis januariis , nonnunquam ludis roman , albas lacernas praetextasque indutos incedere , & ludos spectare fuisse solitos . nam in veste pulla iudis interesse augustus prohibuit . alexander severus , teste lampridio , cùm natalem diem commendaret , hostia cruenta effugit , & ut se civiliter gerebat ac permixtus populo erat , albam ejus vestem , cum qua constiterat , cruentavit . lacernis candidis usos fuisse romanos in spectaculis , ex illis martialis carminibus constat , quibus ille perstringit horatium , qui nigra lacerna spectaculis interfuerat , spectabat modo solus inter omnes nigris munus horatius lacernis , cùm pleb● , & minor ordo maximusque sancto cum duce candidus sederet toto vix cecidet repente caelo albis spectat horatius lacernis . augustus , reste suetonio , habitum vestitumque pristinum reducendi studiosus , visa quondam pro concione pullatorum turba ; indignabundus , & clamitans ait : en romanos rerum dominos , gentemque togatam . negotium aedilibus dedit , ne quem po●●hac paterentur in foro circòve , nisi positis lacernis , togatum consistere . item , sanxit● , ne quis pullatorum media cavea ( theatrali confessu , ●bi populus spectavit ) sederet . de lacerna candida ●mphitheatrali , vide plura apud l●zium li. 8. c. 10. com. reip. plutarch . in aemilio de triumpho p. aemilii verba faciens , dicit : omnes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , id est , albis vestibus indutos ) iudos spectasse . fuit candidarum vestium alius quoque apud romanos frequens usus , tales enim erant vestes castrenses , sacerdotales , atque muliebres . de castrensibus trebellius pollio in galeno sic scribit : jam primum inter togatos patres & equestrem ordinem , albatos milites ( albis vestibus indutos ) & omni populo praeeunte . sic candidatos milites vegetius rei militaris vocat principales , qui privilegiis muniuntur . vestimenta sacerdotalia similiter linea fuerunt & alba pretiosa , nullo infecta colore , pura . virgil. 12 aeneid . procedunt castris , puraque in veste sacerdos ovid. nunc dea linigera colitur celeberrima turba . juvenal . cum grege linigere circumdatur , & grege calvo . martial . linigeri fugiunt calvi , sistrat aque turba . sic flamen , ut varro tradit , cùm jovi sacra ferebat , totus albatus erat , & pileum etiam gestabat album . item virgines vestales suffibulo amictae sacrificabant . fuit verò suffibulum vestimentum album praetextum , quadratum , oblongum , quod illae in capite habentes sacrificabant , idque sub mento sibula comprehendi solebat , unde nomen , pierius lib. 40. hieroglyph . de calceamentis sacerdotum romanorum , atheniensium , & alexandrinorum candidis , vide lazium lib. 8. cap. 13. com. reipu-rom . talis aegyptiorum quoque sacerdotum vestitus fuit , de quo herod . sic scribit : sacerdotes linea ferunt vestimenta , induti , semper recens abluta , huic rei semper vacantes . iidem calceos papyraceos gestabant . plin. testatur li. 19. vestes sacerdotibus aegyptiis lineas gratissimas esse eo genere lini , quod gosypon & xylon vocant , unde dicta xylina , quibus nulla sunt candore mollitieve praeferenda . apuleius caeremonias aegyptiorum explicans , influunt , inquit , turbae sacris divinis initiatae , viri foeminaeque omnis dignitatis , lineae vestis candore puro luminosi . ab hac veste linea poetae linigeros vocant sacerdotes isidis deae aegyptiorum . pierius tamen , nescio quo auctore , sacerdotes , inquit , aegyptii contra nostrorum mores cumsupplicabant , nigris ut●bantur vestibus , noque alias quàm nigras vestes cum decere arbitrabantur , qui diis preces allegaret : quippe ut forma ipsum supplicate confirmarent , ex qua mortales conformati sumus . ea autem apud ipsos nigra figurabatur . de aegyptiorum sacerdotum calvorum vestitu atque habitu candido , vide plura apud apuleium libro secundo & undecimo . poteris hunc habitum , ut beroaldus facit , cum habitu sacerdotum nostri temporis conferre . de vestibus religiosis , & sacerdotalibus judaeorum , vide beroaldum in suetonio ex hieronymo . mulieb●ia quoque vestimenta linea atque alba romanis ●●●rint probata , ut testatur lazius libro octavo commentariorum capite primo . unde proverbium : linum candidum lucri causa ducis , in eum qui dotis causa ducit vel deformem , vel anum . linum autem vocat uxorem , vel quod apud veteres solae mulieres lineis uterentur , &c. erasmus in adagiis . turnebus in suis advers . in illum horatil versum : mirator cunni cupennius albi : ex pudenda , inquit , parte mulierem intelligit , ex albo ingenuam : in ingenuis autem stupra legibus vindicabantur , non item in libertinis . ingenuae autem mulieres albatae erant , libertinae atratae , nobiliores purpuratae . unde artemidorus : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : sic enim conjicit , somnia illa & visa artimidorus , quòd his essent solitae uti vestibus in genuae , libertinae , & nobiles . praeterea vestis candida apud eosdem manumissionis quoque insigne suit . moris enim erat romae , ut servi facti liberti candidati ad coenam domini sui admitterentue . hoc perspicuè docet tertullianus libro de resurrectione carnis , his verbis : oro te , si samulum tuum libertate mutaveris , quia ead●m ●aro , atque anima pe●●●nebunt , quae flagellis , & compedibus , & s●igmatibus obnoxiae retrò fuerant : idcirco ne illa eadem pati oportebit ? non opinor . atque & * vestis albae nitore , & aurei annuli honore , & patroni nomine , ac●●bu , n●nsque honoratur . adhaec candida vestis signum erat petitionis honorum atque magistratuum , quorum petitores candida toga indue bantur , ac proinde dicebantur candidati , unde ambitio cretata eleganter à persio dicta est . hoc autem ideò factitatum esse plutarchus in problem . existimat , ut magistratu dignos non genere , non divitiis , non gloria , sed vulneribus , & cicatricibus judicarent , quae ut ab his conspicerentur , quos ambiendo prensabant , in toga candida ad petendum descendebant : vel quia corpus nudando , ac seipsos submittendo populum captabant . de toga pura , qua tyrones , novaeque nuptae induebantur , suprà dictum est : de qua caelius libro decimo quarto , capite decimo sexto , quibus adde , quae calcaguinus annotat . pura toga , inquit , quam exeuntes pueritiam adolescentes induebant non sine parentum hilaritate , suit colore vel simplici , vel candido , aut in candoris animi testimonium , aut quòd gerendis magistratibus jam idonea aetas videretur . candidati enim magistratuum competitores comitia inibant . vel certè , quod nondum quicquam descriptione dignum gesserint . nam sic & tyronibus prima stipendia facientibus , alba parma , & pura hasta tradetur . de hac pura veste , vide plura apud bayff : de re vestiaria , ubi probat , ves●em 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , id est ; puram , pro candida à plutarcho usurpati . sic album vicissim , pro puro usurpatur ; quia hic color est purissimus . sic lintea vestis alba suprà caeteras vestes inducta , puellaris aetatia indicium fuit , quod eo genere amiculi apud veteres puellae ante duodecimuen annum utebantur , pierius . toga , ut inquit isidorus , candida , eademque cretaca , in qua candidati , id est , magistratum petentes , ambiebant , addita creta , quò candidior , insigniorque esset . perseus huc alludens : — quem ducit hiantem cre●ata ambitio , &c. quae autem essent artes petitoriae ( cicero munus candidatorum dixit pro officio & labore petitionis , ) hoc est , candidatorum , docet mamertius in panegyr . his verbis : quis ignorat tunc quoque , cum honores populi romani suffragiis mandabantur , multo● fuisse candidat●rum labores ? * ediscenda omnia nomina tribulium , homines singuli salutandi , prehensandae obviorum manus , omnibus arridendum , multaque alia propter honorem adipiscendum agenda , quae alias virum honore dignum facere non deceret . hinc caesaris sive principis candidatus , proverbium de eo , qui inani quadam confidentia & securitate nixus , negligentius munus aliquod obit , de quo multa caelius libro decimo quarto , capite decimo sexto . de iisdem cicero in oratione , cui titulus est , in toga candida , quam dixit in senatu in petitione consulatus , ( hujus orationis meminit beroaldus in suetonium , & caelius libro decimo quarto , cap. decimo sexto ) olim tribuni legem promulgarunt , ne cui album vestimentum ( sic ille togam candidam appellat ) addere petitionis causa liceret , sicuti tradit livius in 4. ab urbe condita . pierius tamen in hieroglyph . suis lib. 40. albam vestem modestiae , animique sua sorte contenti signum esse dicit : purpuram autem ambitionis , animique sublimis , & vasti , amplitudinis , summique magistratus . hinc cum apud alexandrum quidam antipatri parsimoniam , atque modestiam commendaret : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , inquit , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . cael , lib. 9. cap. 7. id est , foris albo utitur pallio , intus verò totus est purpu●eus , fictam notans in homine ambitiosissimo , qui maxima quaeque appeteret , modestiam . sic paries dealbatus ; act. 23. & sepulchra dealbata , matth. 23. hypocrit●e appellantur . haec ille . talea profecto erant * romani illi candidati , qui candida veste animi candorem atque modestiam , innocentiam prae se praeferebant , cùm animi illorum essent purpurei , id est , ambitiosi atque sanguinolenti . purpuram antem romanorum quoque magistratuum insigne illud martialis indicat : divisit nostras purpura vestra togas . et ab eodem purpura usurpatur pro magistratibus , purpura te foelix , te colit omnis bonos . plin 20. de gallis , ut plane dignè aliti honoris tantum praebeat romana purpura , id est , magistratus romanus . hinc persidi quoque judaei christum per ludibrium 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , id est , purpura , ut marcus , inquit , sive , ut joannes loquitur , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , id est , veste purpurea induerunt , cum ille sibi verè , illorum autem opinione falso , regiam dignitatem assignaret . fuit simul sanguinis illius essundendi symbolum . eam vestem clamidem coccinam matthaeus appellat , coccina tunica praelii futuri signum fuit romanorum imperatoribus , t●ste plutarcho in fabio . sic quoque vestis christi coccina , fuit siguum praelii , quo christus cum diabolo , morte atque peccato erat dimicaturus . fuit etiam vestis purpurea , vestis triumphalis , ut bayssus ex plutarcho probat . fuit ergo illius simul suturae victoriae atque triumphi symbolum . purpurae appellatione coccum non contineri bayssius ex ulpi●ne probat , unde evangelistae videntur à se in vicem dissidere , quorum unus , matthaeus nimirum coccinam , reliqui duo purpuream illam christi vestem fuisse affirmant , quam rem sorbonicis theologis dijudicandum relinquit . vestem purpuream à coccina differe brodaeus probat , lib. 1. miscell . cap. 8. coccos enim , inquit ille , est surculosu● parvus fru●●x , cui grana seu lentes adjacent , teste dioscorid : lib. 4. & clusio de plantia hispanicis . his colorem coccineum fieri , eoque infecta vestimenta coccinea appellari puto . purpura autem , ut fatentur omnes , piscis est è concharum genere , qui s●orem illum tingendus ex petitum vestibus in mediis habet faucibus . mihi quidem matthaeus colorem ( est enim coccineus color idem f●re cum purpureo ) reliqui duo materiam videntur expressisse , ut etiam rondeletius sentit in sua historia piscium . candidati autem deganter dicuntur petitiores non solum magistratuum , sed aliarum quoque rerum . sic à quincil candidatus 〈◊〉 , à plinio in panegy●ico cradidatua gloriae , & immorialitatis ab hieronymo candidati fidei , catech●m●●i , qui ad 〈◊〉 instruuntur , & munerarius pauperum , & s●gentium candidatus : & ab ap●leio lib. 1. de a ●ino , candidat●● cruci , hoc est , qui crucem petit , sive qui jam est futuru●●●●ifixus , & ( ut veteres loquebantur ) directus , ut c rabirius ille pro quo cicero . extat oratio : à plauto cruci salus dicitur , quasi in crucem saliens : & libertus icelus à suetonio , summus equestris ordinis candidatus : à seneca homo multarum rerum candidatus appellatur , à quo fortunae comitia dicuntur . sic à tertulliano simili translatione perelegantissime , aeternitatis candidati appellantur enoch , & elias , libro de resurrectione carnis , & candidatus timoris , qui paulatim timorem domini imbibit , libro secundo ad uxorem , & candidati diaboli dicuntur , qui ido latricis sacris sunt initiati , libro adversus marcionem . idem in libro●de baptismo , baptismum poenitentiae , quasi candidatum remissionis & sanctificationis in christo subsecurata vocat . nam quod praedicabat ( scilicet johannes baptista ) baptismum poenitentiae in remissione delictorum , in futuram remissionem enunciatum est . siquidem paenitentia antecedit , remissio subsequitur . ab codem libro de corona candida salutis & candida martyrii elegantur pro aeternae salutis praemio usurpatur . idem de s. paulo verba faciens , dicit illum gloriam carnis , notam circumcisionis , pharisaeae candidae dignatem , pro detrimento sibi deputasse : ubi candida metonymic●s pro ordine , sive honore videtur usurpari : vel forsan pharisaei hypocritae , qui à christo dealba●is sepulchris comparantur , vestes albas seu candidas gestarunt . verum de restitu romanorum albo , plura tradit justus lipsius elect. lib. 1. cap. 13. lectu dignissima , quorum haec est summa : romanis in vestitu placuisse colorem album , sive quod is , ut plato valt , laetitiae sit prop●ius : sive potius quiaagrestis illa & prima gens , spretis accersitis coloribus , lanae rativum retinu●t , id est , album . ita toga romanorum alba & tunica fuit , & calcei & omnia cottidiana vellis . togam albam fuisse , quam graeci 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , & ad discrimen praetextae , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vocant , titinnii , plauti , statii , pertii , martialis testimoniis probat . at objiciat quis : si toga vulgo alba , cur , qui prensabant , induebantur toga candida , ut hac quasi nota intelligi & excerni possent à reliqua plebe ? respondet , albi coloris togas vulgo fuisse , non candidi . albus color nativus lana est : candidus proprie splendens ille , & qui est ab arte . ideo polybius aliquot loci ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dictam maluit petitorum togam , quam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : & latine commode splendentem dixerimus . nam petitores non contenti in●ito lanae colore ; cretam addebant in vestem , ut splendesceret . unde isidorus , sit toga addito quodam cretae genere candidior . objiciunt item de diebus festis , romani inquiunt , saltem per dies festos in veste alba erant . non ergo cottidianas vestes censendum albas . respondet , non aliud fuisse in eo more , quam ut per dies privatim aut publice laetos , togas recentes sumerent , & usu nondum sordidas aut obsoletas , qui mos plane geminus est moribus nostris . nec vero romani solùm in laetitia aut in sacris adhibebant hunc colorem , sed etiam externi , id quod de rhodis livii testimonio probat , & de aegyptiis suetonii in vita augusti . propter has togas albas fullonum apud veteres creberrimus usus , rarior tinctorum . fullonum , qui maculas scilicet & sordes è toga eluebant , & addito furfure ac creta iterum candidam faciebant . alba igitur toga , & ea quamdiu in communi usu , discrimen nullum inter cives suit à colore vestis , nisi quod divites , munduli elegantes semper in toga sua è fullone nivea : vulgus sere sordidiores essent , & togis magis pallentibus , ac , ut proprie dicam , obsoletis . ideo seneca epist . 115. per sordidos intelligit vulgum . mirari , inquit , non debes , corrupta excipi non tantum à corona , sed ab hac turba quoque cultiore . togis enim inter se isti , non judiciis dissident . sed & viri illustres ac nobiles rei facti , per dies judicii sumebant hanc togam sordidam , posita nivea , ut miserabiliores essent in veste plebeia . itaque rei in sordibus esse dicuntur aut sordidati : non pullati , ne quis erret , qui color tantum , funebris . viri etiam graves ac rigidi non amabant eximiū illum candorem . unde simia ille apud horatium , exiguaque toga simulat tesquore catonem . duo enim lauti homines amabant in toga laxitatem & candorem : spreverat utrumque cato , arcta toga contentus & ea squallenti : id enim horat tesquorum vocat , pro quò malè vulgò legunt textorem . postea mutata republ. & labente imperio , toga quae olim necessaria civibus , imperatorum temporibus , ad paucos remansit & non nisi honestiores . vulgus spreta ea , abiit ad paenulas , lacernas aut tunicas solas easque colore pullo , id quod statim sub augusto coepit . de paenulis , tunicis , lacernis , vide ibidem plura . pereunte toga , interiit color albus , & pullo plebeio omnes vestes , hinc discrimen natum inter cives , ignotum seculo priori , ut alii candidati dicerentur , pullati alli . canditati non ii , qui peterent ( ut olim ) sed honestioris ordinis cives . pullati , insima plebs sive vulgus . po●●o nauc●atitas quoque testis est athen. lib. 4. in genethlii . vestae prytanitidis in pryae●eo epulantes , nec non in pionysiacis & panegyri comaei apollinis albis vestibus 〈◊〉 , fuisse , quas suo quoque tempore prytanicas vestes dicit fuisse appellatas : cereris quoque initiatos candidis , ut bellonae nigris , & saturni purpureis atque rubicun●is vestibus indutos fuisse , tertul. testatur lib. de pallio , his verbis : cur istas non spectas ? vel illos item , qui non vitate vestitus religionem mentiuntur , cum ob cultum omnia candidatum & ob notam virtae & privilegium galeti , cereri initiantur ; cum ob diversam affectionem tenebricae vestis & tetrici super caput velleris in bellonae montes fugantur : cum latioris purpurae ambitio , & galatici rubori● superjectio , saturnum commendat : cum ipsum hoc pallium morosius ordinatum , & crepidae graecatae graecatim aeculapio adulantur . alexand . ab alexand. lib. 6. cap. 19. romanos scribit in toga candida ludos spectare solitos fuisse , & mulieres in veste alba cereris sacrum sacere solitas fuisse , ut tunc 〈◊〉 gratum esse censerent , si à 〈◊〉 , nec s●nere postutis celebraretur . et tamen , ut testis est pierius in hieroglyph . apud arcada● cererinigra vestis induebatur . sic falacralis flamen , teste pierio , nigro utebatur pileo : erat enim plutonis , cui cum immolabant vestibus utebantur nigris , quam colorem aiunt diis inseris dedicatum . ex his , quae adhuc dicta sunt , constat , vestes candidas apud naucratitas , & praecipue apud romanos , non solum in conviviis , verum etiam in sacris , in magistratuum petitione , in manumissionibus , in militia , in spectaculis , in triumphis , in nuptiis : in luctu quoque & cadaveribas involvendis adhibitas & usurpatas fuisse . ac omnino vestes albas sive candidas , in sacris pariter atque prophanis literis vehementer commendari constat , ceu insignia atque symbola , cum virtutum , ut modestiae , puritatis morum , innocentiae , synceritatis , atque integritatis : tum soelicitatis , beatitudinis , victoriae , libertaris , laetitiae atque gaudii . hinc praeter supra commemorata exempla , magi in perside , teste pierio , deum ipsum non nisi albis vestibus delectari affirmabant . et plutarchus problemate romanorum vigesimo sexto magos adversus plutonem , & tenebra● , lucido & illustri amictu se munivisse scribit . in somniis quoque candidae vestis somnium pro felici augurio habetur . in sacris literis , angeli semper candidati apparuerunt : id quod illorum cum innocentiae , tum beatitudinis est argumentum . sic , ut ex plurimis , unum preferam , gloriosae christi resurrectionis , quae diaboli , mortis , atque peccati victrix extitit , primi vestes atque praecones fuerunt angeli , albis vestibus induti atque ornati . ejus rei testes sunt matthaeus vigesimo octavo , qui 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 illius nivis instar 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fuisse dicit : marci decimo sexto , qui illum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , id est , stola candida amictum fuisse perhibet . et joannis vigesimo , qui duorum angelorum mentionem facien● , illos 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , id est , candidis vestibus indutos fuisse testatur . christus ipse in monte thabor 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , vestituto candido , instar lucis , sive nivis , sese discipulis suis conspiciendum praebuit qui cum puritatis , tum victoriae , atque beatitudinis aeternae fuit symbolum . sic apocalypseos capite primo christus candidatus joanni apparuit : vestitus , inquit , erat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 scilicet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , vestem talarem , sive ad talosusque demissam . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 suida , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , tunica ad pedes usque demissa . eucherio est sacerdotalis vestis lintea corpori penitus adstricta , eademque talaris , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 appellata , quae & subucula dicitur . per hanc , teste pierio in hieroglyphicis , quae aliis subjiciebatur , doctrinam sacratiorem intelligi , veteres theologi tradiderunt . exodi : et fecerunt vestimentum poderem sub umbone , opus textile , totum ●yacinthinum . sequitur apud joannem : caput autem ejus , & capilli erant candidi velut lana alba , & tanquam nix . hic candidus , niveusque christi habitus sive vestitus , est indumentum illud salutis & justitiae , quo ut isaiae sexagesimo primo dicitur , sponsam , id est , ecclesiam suam vestit , tegit atque ornat : eique suam imputando justitiam , & sanctitatem , facit ut illa quoque alba & candida , id est , justa coram deo appareat , fine ruga & macula , ephesiorum primo : secundum illud isaiae primo . si peccata vestra , &c. huc quoque facit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , vestis splendida , seu , ut vulgatus interpres vertit , alba , qua christus per ludibrium ab herode fuit indutus . illa enim revera argumentum fuit christi innocentiae , & regiae dignitatis , luc. 23 ▪ forsan , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , id est , pura vestis à plutar , pro alba usurpatur , sicut bayffius testimoniis quibusdam probat : sic 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vocabulum eodem modo usurpatur , nisi malimus purpuream vestem intelligere , cujusmodi veste à judaeis per iudibrium fuit amictus . apoc. 3. laodicensi ecclesiae deus suadet , ut vestimentis albis sese induat , ut non appareat dedecus nuditatis ejus , hoc est , ut christum vera fide induat , vitae mortemque candori , & synceritate studeat . et ab initio ejusdem capitis : sardenses ecclesiae nonnulli esse dicuntur , qui non inquinaverant vestimenta sua , & additur : et ambulabunt mecum in albis , qui digni sunt . qui vicerit , sic vestietur vestimentis albis , & non delebo nomen ejus de libro vitae . en hic quoque candida , insigne est victoriae , coelestis gloriae & felicitatis . et capite ejusdem lib. 6. martyribus dantur stolae albae , ceu insignia illorum victoriae , libertatis atque beatitudinis . ab initio ejusdem cap. equus albus inducitur , & eques seu insessor ejus arcu , ac sagittis armatus , & corona insignitus ceu victor . equus ille albus , ( cujusmodi erant quatuor illi equi candidi apud rom. triumphalem currum ducentes ) ut & corona , insignia sunt victoriae , qua christus de omnibus hostibus suis potitur . sic equi albi apud virgilium cum belli tum victoria sunt insignia . sic enim anchises loquitur aeneid . 3. quatuor hic primum omen equos in gramine vidi tondentes campum latè , candore nivali . hoc anchises interpretatur de bello , bello armantur equi , bellum haec armenta minantur . sed paulò post , pacem candidam significare ( spes est pacis ) ait . latenter ostendit victoriam adepturos , ut servius annotat . huc facit illum graecum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . hinc quoque natum est proverbium illud , equis albis praecedere : & plautinum illud , nunquam aedipol albis quadrigis indipiscet postea , de quo erasmus in adag . sic equi illi albi , zach. 6. hieron . interprete , machabaeorum sub antiocho rege victoriam : aliis judaeorum felicem statum sub macedonibus ; aliis bonos angelos significat . virg. tamen georg. 3. album equi colorem deterrimum facit : — color deterrimus albis . servius , atqui alibi ait : qui candores nives anteirent , sed aliud est candidum esse , id est , quadam nitenti luce perfusum , aliud album , quod pallori constat esse vicinum . judic . 5. v. 10. asinarum candidarum fit mentio in illo deborae epinicio : qui ascenditis asinas candidas : omnes ferè interpretes mercatores intelligunt , alii pingues , vel forsan quia asinae candidae erant meliores , robustiores , agiliores . apocalyp . quoque 7. electi omnium gentium innumerabiles coram throno coelesti & agno stantes , inducuntur amicti stolis candidis & ferentes palmas in manibus suis deum laudibus celebrantes . et paulò post , hi sunt , qui venerunt ex afflictione magna & dilataverunt stolas suas & dealbaverunt eas ( hoc 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 videtur mundo atque rationi ) per sanguinem agni . hae quoque stolae candidae martyrum & electorum symbola sunt illorum munditiei , justitiae , libertatis , victoriae , gloriae beatitudinis denique , quam agni illius immaculati , hoc est , christi sangnine fuerunt consecuti . hujus vestitus typus & figura , fuit vestis aspersa sanguine hostiae , de qua levit. 16. huc quoque referenda illa tertulliani lib. 4. adversus marcinem : nazaraeus vocari habebat secundum prophetiam christi creatoris . unde & ipso nomine nos judaei nazaraenos appellant per eum . nam & sumus , de quibus scriptum est , nazarei exalbati sunt super nivem . qui scilicet retrò luridati delinquentiae maculis & nigrati ignorantiae tenebris . regius ille concionator capite nono sui liberi , dum morem candorem & animi puritatem persuadere vult , omni tempore , inquit , sint vestimenta tua candida : quibus verbis , interprete pierio in hieroglyph . praecipit , nullam aetatem , nullum officium , nullum otium & negotium toto vitae tempore synceritate & innocentia ( cujus symbola sunt vestimenta candida ) vacuum esse debere . haec ille . sic hieronymus in suis eccles . commentariis interpretatur ; habeto corpus mundum , & esto misericors . mihi quidem hoc ipso in loco solomon simul videtur alludere ad convivialem vestitum , quem apud judaeos quoque ( ut ex philonis loco suprà citato videtur colligi posse ) album fuisse verisimile est . nam & versu proximè antecedente 7. panem cum gaudio comedendum , vinumque hilari corde bibendum esse praecipit : & mox versu 8. vestium albarum mentione facta , subjungit , oleum super caput tuum ne deficiat : cujus quidem in conviviis quantus usus fuerit , tum dictum est , tum pluribus dicetur . omnino ergo cum vers . 7. praecepisset in epulis atque conviviis laetitiae esse indulgendum , mox ver . 8. sequente , duo laetitiae illius convivialis quasi signa ceu causas effectrices subjungit , vestes nimirum albas atque oleum : quorum utrumque cum laetitiae partim significandae , partim efficiendae maximam vim habeat , in conviviis adhibitum & usurpatum fuisse legimus , uti supra dictum est . simplex ergo sensus erit , sis semper laetus & hilaris : lautè vivito , genio indulge . sisinnius novitianorum episcopus homo mollis & delicatus cum & bis in die lavaretur & candida semper veste uteretur , & ob id reprehensus esset a quodam , excusavit se cum hoc loco ecclesiastis , tum christi , heliae & mosis exemplo , quos vestibus albis usos fuisse dicebat . testis est socrat. lib. 6. cap. 22. hieron . lib. 2. epist . 14. vestes pullas aeque devita , ut candidas . ornatus & sordes pa●i modo fugienda : quia alterum delitias , alterum gloriam redolet cum ergo vestes albae non in prophanis solum , verumetiam sacris literarum monumentis tantopere commendentur , ceu maximarum & pulcheriimarum rerum symbola & insignia , mirum profecto non est , christianos primitivae ecclesiae easdem in sacris atque sacramentis suis usurpasse . ut igitur apud romanos , sicuti dictum est , magistratuum atque honorum petitores erant candidati , sic in primitiva ecclesia baptismi candidati ( qui etiam competentes vulgò fuerunt appellati ) cùm quadragesimae initio nomina sua dedissent , & toto illo quadraginta dierum spacio atris vestibus promisso capillo , insordibus & squallore jacuissent , paulò ante pascha lavabantur ( quod augustinus epist . 118. ad januarium baptismum antebaptismum vocat ) tandemque loti candidisque induti vestibus , ad baptismum accedebent . idem infantum quoque baptizandorum habitus fuit , de quibus elegante pontius paulinus . inde parens sacro ducit de fronte sacerdos . infantes niveos corpore , corde , habitu . ( quos tamen versus pierius fortunato tribuit ) et lactantius in carmine de resurrectione dominica : rex sacer ecce tui radiat pars magna trophaei cum puras animas sacra lavacra beant . candidus egreditur nitidis exercitus undis , atque vetus vitium purgat in amne novo fulgentes animis vestis quoque candida signat , et grege de niveo gaudia pastor habet . meminit etiam socrates lib. 7 c. 17. candidae hujus vestis , quae dabatur baptizatis . loti semel salutifero fonte , nunquam stolam candidissimam , quam suscipiunt in baptismate , inquinate docentur . rabanus maurus moguntinus episcopus l. de instit . cler . 1. c. 29. post baptismum traditur christiano candida vestis , designas puritatem & innocentiam . nazianzenus in orat . de sancto lavacro , illud dicit à christianis variis nominibus appellari , nimirum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , et paulò post , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , id est ceu turpitudinis regumentum . hinc ammonius monachus lib. 3. de gestis francorum mentionem facit pueri occisi , qui adhuc , ut ille loquitur , erat in albis regenerationis , hoc est , qui recens erat baptizatus , nondum baptismalibus illis atque candidis vestibus exutus . nam qui baptizabantur in vigilia paschatis incedebant veste candida induti per octo dies , ac vocabantur albati , sive in albis , atque octavo demum die vestem albani deponebant : quibus adde , quòd ut tertull. docet , lib. de corona milites , ex en die , qua erant baptizati , la vacro quotidiano per totam hebdomadam abstinebant . et quoniam paschatis hebdomada , antiquitus plures unà tingi consueverunt , ea de causa feriae illae , quae ad hoc omnes institutae sunt , & quae subsequitur hebdomada atque dominica quam nos , quasimodo geniti nominamus , in albis fuit appellata . vestis haec candida in baptismo symbolum erat cùm ipsius christi , quem electi fide induunt : secundum paulum eph. 4. col. 3. tum illius munerum , hoc est , justitiae , vitae , puritatis & innocentiae , ( tertull. hoc indumentum spiritus sanctus vocat lib. de pudicitia libertatis , victoriae gloriae , immortalitatis , quam ex aqua & spiritu regenerati consequuntur , de quo pluribus disserit ambrosius in lib. de iis , qui initiantur mysteriis c. 7. ut ergo olim apud romanos candida vestis qua servi à dominis decorabantur , erat insigne illorum manumissionis : sic candida illa baptismi vestis signum erat illos ex manibus diaboli atque peccati immanissimis esse liberatos , ut posthac deo ceu patrono suo fidelissimo , servirent vitae puritate ac sanctitate . praeterea cùm candidus color olim victoriae & triumpho fuerit consecratus , candida haec vestis illos monebar , ut cogitarent sibi in hac vita ceu in militia perpetuò esse cum diabolo , peccato atque mundo dimicandum in christo & vincendum : jam verò in coenae quoque dominicae administratione album vestitum antiquitus adhibitum fuisse , exillis hieronymi verbis videtur colligi posse libr. contra pelagianos , quae sunt , rogo inimicitiae , inquit , contra deum , si episcopus presbyter & diaconus & reliquus ordo ecclesiasticus in administratione sacrificiorum candida veste processerint . verisimile est cùm eos , qui sacrosancti illius epuli communione fruebantur : tum ejus administratores , hoc est , sacerdotes atque diaconos albas vestes gestasse . harum autem vestium antiquarum vestigia sunt tunicae illae , quas choro & albis vulgò nominant , in quibus missa paschatis tempore celebratur . sic nos vestitum quidem veterum candidum retinemus , & imitamur : at religionis , morumque candorem integritatemque jam pridem amisimus : contrà verò 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ut iudas in sua epistola loquitur , hoc est , tunicam carnis contactu maculatam gestamus . caeterùm notandum est , vestes albas esse duplices : alias , quae nativo colore constant , qui leucopus dicitur : alias , quae artificiali , quas volunt propriè candidas dici . leucopiati dicuntur : martiali , qui rudiori alba veste , ac vili , ac ●ativi coloris induti sunt . verùm quoniam multa de candidae vestis usu , dignitate , significationeque mystica dicta sunt , de quo etiam clem. alexand. paedagog . lib. 2. cap. 10. legere poteris : consideranda etiam nobis videtur ratio , cur vestibus illis tantum à veteribus tributum fuerit . ea peti potest ab ipsius coloris albi sive candida vi atque natura . nam cùm is color , secundùm plutarch . problem . 26. maximè sit naturalis , simplex , purus , syncerus , lucidus , atque perspicuus , ut qui lucis plurimum habet ( unde 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 album mihi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , id est , videndo videtur dictum ) mirum profecto non est , illo ( uti etiam lumine , cui maxime est affinis , atque cognatus ) cúm mores ingenuos , puros , ac simplices : tum letitiam , libertatem , victoriam , foelicem denique quemvis rerum statum atque conditionem , in prophan● ▪ sacrisque literis significari : ac proinde ●estes aliasque res colore illo imbutas , in tanto fuisse apud veteres pret●o & honore . album , inquit pierius in hieroglyph . est 〈◊〉 veluti materia quaedam , in quam colores , quotqu●●●olueris , perinde ac in universalem illam 〈◊〉 omnes species inducere . hinc ad dei cultum alba p●●●imum in●umen●a , omnium penè nationum consensu adhiberi solent : semperque albus color sacris accomodatur . atque ideo ait persius : quamvis albata roga●it . sed quid indigem●● persio , si servatoris nostri indumenta , cum gloriam suam vellet discipulis patefacere , alba sicut nix apparuêre ? apud cic. 2. de legibus : color albus praecipue decorus deo est , tum in caeteris , tum maximè in textile . et nostra pietas canit , vel lineas , easque purissimas induti tunicas , sacra deo caneremus . plato similiter colorem album vult laetitiae esse proprium , atque deorum . hinc veteres , teste platone , & pintarcho , niveo splendore spectabiles , ut deorum venerabantur fileos . cel. lib. 24. cap. 26. album porrò & candidum pro bono : ut atrum & nigrum pro malo , passim accipitur . juvenal . satyra 3. — maneat qui nigrum in candida vertunt . id est vitium in virtutem : virtutem in vitium , qui secun●ùm terentium in phorm . recta prava faciunt : secundùm isaiam , bonum malum : dulce amarum , & contrà , dicunt . persius . per me equidemisint onnia protenus alba , id est bona . ovid. candida de nigris , & de candentibus atra . horat. hie niger est , hunc tu romane caveto . candidus sermo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 id est , perspicuus : & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vox candida , quae facilè hominum aures penet●at : & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 rem clarius explicare . sic apud senecam asinius pollio albutii sententias albas appellavit , quòd essent apertae . eras . in adag . avis alba , prore nova & auspicata . ciceroni epist . fam . lib. 7. sic albae gallinae filius juvenali , hoc est , foeliciter natus ( cui contrarium apud eandem : nati infoelicibus ovis ) quia latini lae●● , & auspicata , alba vocant : ut contra inauspicata , nigra & atra ; erasmus in adag . cic. nec minus niger , inquit , nec minus confidens , quam ille , pro caecinna de teste sexto clodio . horat. in serm. sani , an creta , an carbone notandi . quem imitatur persius in 5. satyr . quaeque sequenda sorent , & quae vitanda vicissim : illa prius creta , mox haec carbone notasti . sic candido calculo , lapillo , aut creta : aut contra nigro lapillo notare : de quibus erasmus in suis adagiis . dies albus , & alba faba , ibidem . albi calculi , absoluco●ii ●●●gri , damnatorii in proverb 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , id est , album calculum addera , id est , approbare . novit quid album , quid nigrum , id est , recti , pravique discrimen . vultu mutabilis , albus & ater , id est , & bonus malus est . horat. in extrema epistolae : — candidum pauperis ingenium . idem ode . 11. epod. sic passim candor , pro integritate animi . & candidus homo , pro syncero , & ingenio usurpatur . pythagoras aiebat , id quod esset colore candido , ad boni naturam : quod colore atro , ad naturam mali pertinere , ut erasmus annotat in proverbia illa : creta notare , id est , approbare : carbone notare , id est , damnare . verùm haec satis sint dicta de albi coloris vi , natura , dignitate atque praestantia , ejusque significatione allegorica , de qua multa passim in sacris & prophanus literis occurrunt , in quorum explicationem forsan non injucundam & inutilem delapsus sum , occasione vestium candidarum , quarum olim in conviviis , atque etiam in reliqua vitae humanae consuetudine creber●●imus & si equentissimus usus fuit , ut ex supra commemoratis testimoniis & exemplis satis patet . by this learned discourse of white vestments , colours , the judicious reader may discern , 1. that white garments , rochets , surplisses are not peculiar to divine services , sacraments , or to ecclesiastical persons , or christians alone . 2. that they have been , and still are made use of , by heathen priests in the sacrifices , solemnities of their idol-gods , and by pagans in their feasts , funerals , playes , inaugurations , manumissions , &c. as well as by bishops , priests , deacons , in their divine worship and celebrations ; and by all sorts of lay-baptized christians , as well as by clergy-men . 3. that the principal mystical significations , reasons , grounds , ends for the civil or sacred uses of white vestments , are equally common to all ranks and degrees of men , of christians , and not one of them proper or peculiar to bishops , priests , deacons , or clergy-men , or to publick prayers , devotions , more than to private . therefore not to be used or worn by bishops , ministers , deacons , or clergy-men alone , as a badge of their distinction from , and elevation above lay-christians . finis . notes, typically marginal, from the original text notes for div a56195-e130 a surius concil . tom 1. p. 218 , 251 , 381 , 382. tom 2. p. 588 , 589. tom. 4 p. 45● . bellarmine de romano pontif ▪ & de concilii● , l. 2. c. 2. g●eg ▪ de valentia com. theolog. tom 3. p. 247. dr. iohn whites way to the true church , sect. 17 p. 45. and defence of the way , c. 47 , 48 ▪ b sessio 22 decretum de observandis & evitandis in celebratiene missae , sarius tom. 4. concil . p. 962. c ad hoc nos deus unxit oleo laetitiae ac haereditatis suae participes effecit , ut ad ipsius sacerdotium voca●i tanquam aaron , non solum ea quae ad divinum cultum pertinent salobriter disponamus ; veri●m etiam ea quae aliquando per nos statuta suerant , salubrius moderemur , ac ali●s desuper disp namus , prout rerum & personarum qualitate pensata , conspicimus in domino salubriter expedire . d verum in illo munere peragendo factum est , ut nonnulla ex dilige●ti librorum antiquorum collatione in meliorem formam redacta , & in regulis & rubricis aliqua uberiùs & clariùs expressa , quae tamen ex illorum principiis & fundamentis , quasi deducta , illorum sensum imitari potius & supplere , quàm aliquid novi afferre videantur : mi●●am itaque quod idem pius 5. ediderat , si● recognitum in nostra typographia quam emendatissimè imprimi , & ad communem utilitatem publicari justimus . e sessi● 22. decretum de observandis & evitandis in celebratione missae , surius concil . tom. 4. p. 961. f 13 eliz c. 12. g articl● 21. 34. h see centur. magd. 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12. p. 3 c. 6. where this is proved at large . * 2 , & 3 e. 6. c. 1. 5 , & 6 e. 6. c. 1. 1 eliz● c. 1. * novemb. 9. 1660. * 2 , & 3 e. 6. c. 1. 21. 5 , & 6 e. 6. c , 1. 12. 1 eliz c. 1. 5 eliz. c. 1. * peter heylin his history of the reformation of the church of england , p 91 , 92 , 93. history of queen mary , & queen eliz. p. 59 , 60 , 115 , 116 , 131 , 132 , 164 , 165 , 166 , 176. a 1 cor. 14. 40. b isay 8. 20 lu. 16. 29 gal. 6. 4 ▪ 16. * in the second part of my signal loyaltie and devotion of gods true saints &c. to their soveraigns . p. 225 , &c. a 1 tim. 6. 15. rev 17. 14. c. 15 , 16. b psal . 21. 3. c 1 pet. 5. 4 c. 1. 4. notes for div a56195-e2400 a num. 6. 22 , to 27. deu● . 26. 13 , 14 , 15. c. 31. 1 , 〈◊〉 47. ps . 92. ps 66 , & 67 , & 6● , & 7● , & 79. & 90. joel 2. 17. hos . 14. 2 , ● . mat. 6. 9 , 10 , &c. lu. 1● . 1 , to 5. 1 tim. 2. 1 , 2 , 3. b liturgia s. s. patrum liturgia basi●●i , chrysostostomi , gregorii theologi , cyrill● 〈◊〉 , &c. paris 1560. & august vind. 1604. lit●rgia lutinorum , colon. 1571. antiqu●tates lit●urgica , duac● ▪ 1605. bib●●wheca patrum ▪ t. ● . 2 , 3. & 1● . cassandri 〈◊〉 . c see 2 , & 3 e. 6. c. 1. 3 , & 4 e. 6. c. 10. 5 , & 6 ed. 6. c. 1. 1 eliz. c. z. d act● , 15 ▪ 24 , 27 , 28. c. 16. 4 , 5. eph. 6. 18. ph●l . 4. 4. 6. 1 thes . 5 ▪ 17. see the several offices , howers , missals , processionals , liturgies , books of devotion , in antious or present use among the papists , 3 , & 4 e 6. c. 10. officium be●ta m●ria secundum usum sarum ; secundum usum bangor ; secundum usum walsingham , lincoln , used in england , 2 , & 3 e 6. c. 1. the divers forms of liturgies and administrations used in the protest●n● churches of england , scotland , france , germany , helvetia , denmark , and in the greek , russian , ethiopian churches . e ephes . 6. 18. ● . 3. 14 , to 22. rom 15. ●0 , 31. phil. 1. 4 , 9 , 10 , 11. f in their bulle prefixed to missale romanum , salm. 1588. and an●w ▪ 1630. g 2 chr. 6. c. 20. 5. to ●4 . c. 32 ▪ 24. c. 33. 12. ezra 7. 27. c. 9. 6. ● c. n●h . 1. 4 , to 11 c. 9 ▪ throughout . 〈◊〉 . 4. dan. 9. 3 , &c. joel 2. 9 , to 18. 〈◊〉 . 14. 2. 〈◊〉 . 11. 1 , 2 , 3. h matth 14. 25. john 26. 39. john 17. 9 , &c. acts 1. 14. 24. c. 3 ▪ 1. c. 4. 24 , to 31. c. 8. 22 c. 10. 1 , 9. c. 12 ▪ 5. c. 13. 3. c. 14 ▪ 23. c. 16. 25. c. 20. 3● . c. 21. 5. c. 28 ▪ 8 rom. 1. ● , 9 , 10. c. 8. 26. c. 15. 30 , 31. c. 16. 24 , 25 , &c. 1 cor. 14 , 15. ●ph . 1. 16 ▪ 17 , &c. c. 3. 13. to 〈◊〉 . c. 6. 18. phil. 1. 4 , 9 , 10 , 11. col. 1. 3 , 9 , 10. &c. 1 thes . 1. 2 c. 5. 17. 2 thes . 2. 16 , 17. c. 3. 1 , 2. 1 tim. 2 ▪ 1 , 2. c. 5. 5. philemon 4. 24. rev. 5. 8. c 8. 3 , 4 〈◊〉 20. i acts 2. 42 , 46. c. 4. 1 , 2 , 18 , 19. 20 c. 5. 19 , 20 , 21 , 28. 29. 42. c. ●0 . 20 , 31 ▪ c. 19 ▪ 8. 9 , 10. c. 28. 30 , 3● . rom. 15. 19 , 20. luke 21. 36 , 37 , 38. justin martyr , & tertul ▪ in apologia . a mat. 10. 7. c. 28. 19 , 20. mar 16. 15. b mat. 26. 55. mar. 14. 49 lu. 19. 47. c 22. 52. ps . 62. 11 lu. 4● ▪ 18 , 19 , 31 , 43 , 44. c acts 2. 46 , 47. c. 4. 1 , &c. c 5. 41. c. 16. 5. c. 17. 11. 17. c. 19. ● , 〈◊〉 . c. 10. 18 , 19 , 20 , 21. rom. 〈◊〉 15 ▪ 16 , 17 c. 15 ▪ 15 , to 26. c 16 , 25 ▪ 2 cor. 11. 28 1 cor. 9 ▪ 13 , to 27. h●b . 3. 11 ▪ d 1 cor. 1. 17. c. 9. 16. a see bishop downhams consecration sermon ; bishop halls remonstrance , and divine right of episcopacy ; mr. sudbu●yes ; mr. sandcro●es , and dr. allestryes sermons at the last consecrations of bishops , 1660. b 2 tim. 4. 1 , 2 , 3. fully refuted in my vnbishoping of t●mothy and ti●us . c acts 20 , 28 , 20. d sessio 14. decr. de reformatione , cap. 4. surius c●ncil . tom. 4. p. 976 , 977. e sermo 10. de observantia sab●ati . a rom. 1. 16 , 17. c. 10 ▪ 13 , 14 , 15. 1 cor. 1. 16 , 17 ▪ 21. a in their necessity of reformation of the publike worship ▪ rites , ceremonies , l●nd . 1660. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . in nomine jesu ●●ne gen● flecta●ur . a in the appendix to my ant●●arminianism , concerning bowing at the name of iesus , lame ●●les his haltings , certain quaeres propounded to the bowers at the name of jesus , ●nno 1636. canterburies . doom , p. 64. b 1 king , 18. 26 , 27 , 28. see ecclesiasti●us 7. 4. c see my pleasant purge for a roman catholick ▪ d deut 27 ▪ 15. 1 chron . 16. 36. neh ▪ 5. 13. c. 8. 6. psal . 41. 13. ps . 72. 19. ps ▪ 89. 53. ps . 106 ▪ 48. rom. 1 ▪ 25. mat ▪ 6. 13. 1 cor. 14. 16. phil. 4. 20. 1 tim. 1. 17. rev. 5 ▪ 14. c. 7. 12. c. 19. 4. * see gulielmus stuckius , antiqu. conviv . l. 2. c ▪ 34. de more sedendi , & accumbendi ad mensam , &c. tho. beacon his comparison between the lords supper & the mass f ▪ 100 , to 104 and catechisme , f. 484 , &c. * 1 tim 1. 17. e de divinis off●●iis , c. 39 , 40 ▪ deinde imponitur gloria patri , & filio , & spiritul sancto . quae verba ad diversionem psalmorum , qui prius indifferenter cane●antur . b. hieronimus , damaso papa petente , composuit . sed cum nequaquam id sufficeret , prae dicto apostolico suggerente , addidit ad●uc , sicut erat in principio , &c et hac ad nutum diaconi dicit cantor . f ●ulores histor . an. 376. p. 139. g acts and monuments , vol. 3. p. 11. h bellarmin de messa l. 2. c. 16. i ecclesiastical polity . l. 5. sect 42. k exp●sition of the liturgy in his works . p. 7. l decreta eccles . gall. l. 1. tit. ● . cap. 7 , 8. m jer. 6. 16. 〈◊〉 ●●hn ▪ 2. 7. matthew 19. 8. l●u . 5. 39. n de praescriptionibus advers haereticos . * see ordo romanus antiqu de divinis officiis , bibl. patr. tom. 8. p. 39● . &c. * de divinis officiis , c. 39. 40. o see my pleasant purge for a roman catholick . * see basil . epist . 78. theodoret eccles . hist . l. 2. c. 24. sozomen , l. 4. c. 19. p ecclesiastical polity , l. ● sect . 42. q in his works , london , 1622. p. 7. r decreta ecclesiae , gal. l. 1. tit. 7. c. 7. 8. * leo●tius antiochiae episcopus cum clerum & etiam laicorum multitudinem in duas partes divisam c●●neret , & alteram quo laudes filii magis celebra●ent hanc conjunctionem , & , exhi●e●e : alteram cu●em hana pr●●positionem , per in eodem penere & cum ad spiritum sanctum ventum esset prepositionem in ad ●●●ere , ( viz gloria patri per fil●●● , in 〈◊〉 sancto ) ipse totam glorificationem taci●us secum recitavit , adeò ut qui propè eum erant , solum hanc particulam , in saecula , saeculorum , audirent , theodoret eccles hist . l. 2. c. 24. sozomen . l ▪ 4. c. 19. * see basilii epist . 76. theodoret eccles . hist l. 2 c. 24. sozomen l. 4. c 19. hookers ecclesiastic●l polity , l. 5. sect. 42. * su●ius concil . tom. 1. p. 185. honorius augustodunensis , gemma animae , l 1. c ▪ 93. gratiande consecrat distinct 2. & distinct . 4. cap. statuimus . tho. waldensis , tom 3 tit. 4. c 31. sect . 7. gul●●lm . durantus rationale divinorum l. 3. fox acts and monuments , vol. 3. p. 7. & missale rom●n●●m . * caeremoniale episco●o●●● , paris●●s 1633. l. 1. c. 2● p. 140. † psal . 7. 17. ps . 9. ● . ps . 30. 11. psal . 33. 1. & 34. 1. & 42. 11. & 43. 5. & 45. 17. ps . 47. 1. & 59. 17. ps 75 ▪ 1. & 86. 1 , 2 , 20. psal . 68. 35. & 72. 18 ▪ 19. & 75. 1. & 89. 52. & 97. 12 ▪ & 100. 1. 103 ▪ 1 , 2 , 21 , 22. ps . 104. 1 , 25. ps ▪ 105. 1 , 45. ps . 106 ▪ 1 , 48 ▪ ps . 107. 1. ps . 111. 1. & 112. 1 , ● . ps . 115. 18. ps . 116. 19. ps . 117. 1 , 2. p● . 118. 1 , 29. ps . 135. 1 , 19 , 20 , 21. ps ▪ 145. to ps . 150. a see bibliotheca patrum col . agrip. 1618. tom. 12. p. 1034. g. 1050 , 1051. b ri●us celebrandi m●ss●● , & missa p●o defunctis . c h● ps●lmi sub vna gloria patri canuntur quia j●sti illis temporibus trinitatem 〈◊〉 creduntur . s●●guli psalmi cum gloria patri canuntur , quia singuli supradicti ordines trinit 〈…〉 ●●●ibuntur ideo etiam & 〈◊〉 psalmi canuntur , 〈…〉 . * pro. 26. 5. 12. 1 cor 3. 18 , 19 , 20. d see davidis blondelli apologia pro sententia hieronymi de episcopis & presbyteris . and my vnbishoping of timothy ●nd titus . * 2 chron. 20. 13 ▪ jer. 15. 1. numb . 23. 6. 1 kings 13. 1. 2 kings 11. 14. c. 23. 3. 1 kings 18. 54 , 55. 2 chron. 6. 3. c. 20 ▪ 5 , 20. ezec. 1. 21 , 24 , 25. luke 18. 11 , 13. 2 chr. 30. 16. c. 34. 31 , 32 ▪ c. 35. 10. neh. 8. 7 , 8. exod. 20. 21. neh. 8. 5. c. 9. 2 , 3 , 4. ezr. 10. 10 ▪ luk 4 ▪ 16. acts 1. 15. c. 11. 28. gen. 11. 22. deut. 4. 10. rev 7. 9. c. 8. 2. * cassianus institut l. 2. c. 8. friderici ●indebrogi gl●ssarium tit●gloria patri . a in ●is glossarium ▪ tit. gloria patri . frederic . landebrogus codex legum antiqu. p. 840. and his glossarium , gloria patri . b here p. 9 , 10 , &c. c surius concil . tom. 4. p. 740 , 741. l●ur . b●chell●s decret . eccles . gal. l ▪ 1. tit. 7. c. 31. p. 63. * ordo romanus antiquus . bibl. patrum , tom. 8 ▪ p. 397 , 398. ‖ mat. 25. 37 , 44. rev. 5. 18. * appendix to my anti-arminianisme concerning bowing at the name jesus . lame giles his hal●ings . quaeres propounded concerning bowing at the name jesus . ‖ decret . eccl ▪ gal. l. 1. tit. 3. c. 38. p ▪ 86. a see rubricae generales missalis , & ritus celebrandi missam . prefixed to missale romanam , pii 5. & clementis 8. honorius augustodunensis , gemma animae , l. 2. & 3. gulielmus durantus , rationale divinorum l. 4. b surius concil . tom. 1. p. 666. c deut. 5 & 27. c 1 thes ▪ 1. 5. c. 2. 2 , 4 , 8. gal. 1 ▪ 6 ▪ c. 2. 2 , 5 , 7 ▪ phil. 1. 5 , 12 , 17 , 27. c. 2. 22. col ▪ 2. 5. 2 thes . 2. 14. 1 tim ▪ 14. 6 , 59. rom. 1. 15 , 16 , 17. c. 2. 16. c. 15 ▪ 16 , 29. c. 16. 25. 1 cor. 4. 15. c ▪ 3. 17 , 18. 2 cor. 4. 3 , 4. heb. 4. 2. l gratian de consecratione distinct 2. surius concil . tom. 1. p. 518. thomas waldensis , doctrinalis , tom. 3. tit. 4. c. 32. sect . 5. f. 66. 67. gulielmus durantus rationale divin●um , l. 4. c. 5. de evangelio centur. mag. 4. baronius , spondanus , and others . f bochellus . decreta eccles . gal. l. 1. tit. 7. c. 115 ▪ p 72. * quoniam symbolum verbum est evangelium quoad sensum , ideo stando illud audire sicut & evangelium & illo dicto signum crucis fa●ere debemus . gul. durantus , ratio . divinorum , l. 4. de symbolo rubrica . g psal 94. 16. h 2 chron. 34. 32. i 1 cor. 16. 13. gal. 5. 1. 2 thes 2. 5. k neh. 9. 2 , 5. deut 27. 12 , 13 ▪ ps . 122. 2. ps . 134. 1. gen. 18. 22. lu. 4. 16. 1 kings 8. 14. 15. lu. 18. 11 , 13 ▪ rev. 7. 9. k neh. 9. 2 , 5. deut 27. 12 , 13 ▪ ps . 122. 2. ps . 134. 1. gen. 18. 22. lu. 4. 16. 1 kings 8. 14. 15. lu. 18. 11 , 13 ▪ rev. 7. 9. a tertullian de corona militis ; lib. de jejunio lib. ad vx●rem , l. 2. & apologeticus . see la cerda & beatus rhenanus ibid. b sermo de oratione & pamelius . ibid. d surius concil . tom. 1. p 347. tom. 2. p. 1052. tom. 3. p. 2●7 . e sexti decret . l. 2. tit. 23. c. 2. see my appendix to lame giles his halting . a gen. 3. 21. c. 9 ▪ 23. 2. chron. 28. 15. mat. 25. 36 , 38 , 43 , 44. can ▪ 2. 15 , 16. rev. 3. 18. b hag 1. 6. 2 cor. 11. 27. job 31. 19. c rev. ●1 . 2. isay 61. 10. 1 tim. 2. 9 , 10. 1 pet. 3. 3 , 4 , 5 ▪ d deut. 22. 5. esther 6. 1● 6. 8 , 10 acts 12. 21. 2 sam. 13. 18. lu. 7. 25. 2 chron. 18. 9. see aretii prolemata locus , 120. de vestitu . e exod. 28. 2 , 3 , 4 ▪ c. 29. 5. 21 , 29. c. 35. 19 , 21. c. 42. 13. levit. 8. 1 , 30. c. 16 ▪ 4. 32. ezr. 2. 69. neh 7 ▪ 70 , 71. ezra . 3. 10. * quali genere vestitus usi sunt apostoli , aut alii christiani , non est annotatum . cent magd 3. cap 6. 〈◊〉 . 106. ‖ see 〈◊〉 de moribus 〈◊〉 alezandri ab alexandro , gen. dicrum ; purchas his pilgrimage and voyages cent. mag. 2 , ●● ▪ 13. cap. ● . f 1 cor. 14. 40. g 1 tim. 2. 1. 2 , 3 , 8 , 9 , 10 ▪ h m●● . ● . 24. 26. lu. 12. 22 , 23. * gratian de consecrat . dist . 1. bochellus decret . eccl. gal. l. 1. tit. 7. l 3. tit. 1. — l. 6. tit. 17. i 1 tim 6. 6 , 7 , 8. k mat 10. 13 , 10. mat. 6. 9. lu. 9. 3. * 2 tim 4. 13. m see honorius august dunensis his gemma animae , l. 1. c. 89. 198 , to ●35 . gratian , caus . ●1 . qu. 4. de consecratione distinct . 1. gulie●mus durantus , rationale divinorum , l 3. de indumentis , tho. waldenfis , tom. 3. tit. 4. c. 29. 30 pontificale , ceremoniale romanum , missale romanum , rubricae generales missalis . bochellas decret . eccles . gal. l 1. tit. 7. 16. tit. 17. dr rainolds conference with hart ch . 8. divis . 4. 5. thomas beacon his catechism . f ▪ 485 , 486. and comparison of the lords supper with the popes masse . f. 101. and 104. * acts ● . 19 , 20. c. 5. 29. n honorius augustedunensis gemma animae l. 1. c. 237. tho. waldensis , tom. 3. t it 4. c. 30. sect. 5 , 6. gul. durantes , rationale divinorum lib. 3. my signal loyalty and devotion p. 219 , 243. o rom. 3. 11. 1 pet. 1. 1● . c. 2. 3 , 4. act. 10. 34. jam. 2. 1 , 〈◊〉 . c. 1. 27. p ●eccat graviter qui uutur in missa vestibus non benedictis . sylvester verbo missa nu . ● . summa angelica missa sect . 35. soto in 4. sent . dist . 13. qu. 2. & 4. astensis . tit. 14. ar . 4. qu. ult . armilla . verbo missa , nu . 6. navar. cap. 25. nu . 24. thomas zerulae praxis episcopalis , part 1. tit. vestimenta sacara : missale pontificale & ceremoniale romanum . bochellus decreta eccles . gal. l. 1. tit. 7. & l. 6. tit. 17. q acts 15. 19. 20 ▪ 28 , 29. c. 16. 1 , 4. * mat 28. 19 , 20. mark. 16. 15 , 16 ▪ compared with eccl. 12. 13. fear god and keep his commandements , for this is the whole duty of man , especially in his worship . r mat. 15. 9. col. 2. 20. ſ acts 15. 1 , 2 , 24. t gemma animae , l. 1. c. 118. u rationale divin●rum , l. 3. x doctrinalis , tom. 3. tit. 4. cap. 29 , 30. y bochellus decret . eccles gal. lib. 6. tit. 17. z surius concil . tom. 1 ▪ p. 253 gratian de consecratione , dist . 1 , 2. summa angelica , tit. vestis , sylvester . tit. benedictio 1 pontificale & missale romanum . centur. magd. 3. col . 246. h de consecratione dist 1. i surius concil . tom. 1. p. 311. centur. magd. 4. c. 6. col . 480 , 1271. k mat. 17. ● , 2 , 3. mar. 9. 28 , ●9 . * 2 cor. ● . 20. 1 pet. 11. 23. 1 john. 2. 6. eph. 5. 1. phil. ● 5. 1 pet. 2. 21. l alexander 〈◊〉 alexandro . gen. dierum , l. 3. c. 7. * see centur. magd. 2 ▪ 3. 4 , 5 , & 6. cap. 6. de ritibus circa caenam domini : & romanae . ecclesiae , & circa missam dr. rainolds conference with hart ch 8. div . 4. 5. n tom. 5. p. 876. d. * he writes it of the jewish priests , not christian ministers . o tom. 5. col. 338. d. & tim. 2. p cent. magd. tom. 5. c. 6. col. 652. * rationale divinorum l 3. q ecclesiastical polity l. 5. sect . r see cent. magd. 6. c. 6. col. 337. ſ cent. magd. 7. col . 153 , 154 ▪ t bibl. patrum tom 8. p. 397 , 398 , &c. u bochellus decret . eccles . gal. l 1. tit. 7. l. 3. t it 1. l. 6. tit. 17. x cent. magd. 9 , 10 , 11 , 12 , 13 ▪ &c. cap. 6. baronii annales spondanus , missale , pontificale , & ceremoniale romanum . * at the end of missale romanum , ex decreto sacri concilii tridentini reformatum , &c. antuerpiae 1630. benedictie●es diversae , p. 101 , 102. pontificale romanum , par . 2. p. 357 , 358. * innovationibus nostris had been better . * here they make 3 crosses . * not aaron priests , popes or bishops . * see spelmanni glossarium , tit. cappa . * or impone domine , capiti meo galeam saluti● . * priests mariage would do this better than a girdle , 1 cor. 7. 1 , 2. 3 , 4 , 5 , 9. a p. 12 , 13 , 30 , 32 , 38 , 39. * ibid. p 49. 58. * pontificale romanum , p. 57 , to 81. * bochellus decret . eccles . gal. l. 6. tit. 7. c. 24 , 25 ▪ p 1020. 1221. * so surplices are frequently stiled therefore punishments , rather than ornaments . * bochellus decret . eccl. gal. l. 3. tit. 1. de eucharistia . c. 32. 15. 62. see c. 43 , 44. 45. * bochel . ibid. c. 114 , 115 , 116 , 117 , 118. * bochel . dec● . eccl. gal. l. 6. 〈◊〉 . 17. c. 31. p 1322. a bochellus decret eccles . gal. l. 3. tit. 1. c. 5. p. 304. b bochellus decret eccles . gal. l. 1. t it 6 c. 54. p. 60. c bochellus decret eccles . gal. l. 3. tit. 1. c. 78. p. 371. c. 114. p 378. d ibid. c. 79. p. 311. c. 91. p. 374. e bochellus l. 6. tit. 17. de vestibus & dornatu clericorum , c. 20. p. 1020. f bochellus l. 3. tit. 17. c. 14. p. 1018 , 1019. * bochellus , l. 5. tit. 1. c. 79. p ▪ 373. * bochellus decreta eccles . gal. l. 1. tit. 7. de celebratione missae c 5 p. 60. a opera luttiae . 1617. col . 1085 , &c. * hist . angl. tiguri . 1589. p. 431. 432. londini , 1140. ‖ see spalm●n & gul. somneri glosserium tit. capa , cappa . simeon dunelmensis hist col. 61. * mat. paris , hist . angl. p. 713. † chronica w. th●rne . col. 2120. ‖ provincialis g●lielmi lindw●de , l. 3. de euch●●●stia , fol. 180. * provincialis gul. lindwode l. 3. de ecclesiis edificandis , f. 182 joannis de aton constitutiones provinciales f. 146 b. * provincialis gul. lyndwode , l. 1. de officiis archidiaconi . fol. 38. * see 1 e. 6. c. 1. 2 , & 3 e. 6. c. 1. 3 , & 4 e 6. c. 10. 5 , & 6 e 6. c. 1. fox acts and monuments , vol 2. p. 658 , to 670. ‖ see dr. corn. burges his reasons shewing the necessity of reformation p. 33 , 34. ‖ fox acts and monuments , vol. 3. p. 146 , 147. dr heylins history of the reformation of the church of england , p 90 ▪ to 98. ‖ tho beacon , his comparison between the lords supper and the popes masse . f 100. 101 , 102 , 103. & catechism , f 485 , 486. in his works . ‖ excogitavit haec avaritia qua se hypocres●s ●uco ad hunc modum vinditat . nobis christus uni●e spectand●● est . quicquid aliter geritur atque ipse gessit , flagitium est de luxu mundi ecclesiastic● just●● liber extruandas est si quis d●gne ve●●t confutare . zuinglius , de canone missa epicherisis operum , pars 1. f. 187. * see dr. corn. burgess his reasons shewing the necessity of reformation , &c. p ▪ 33 ▪ 3● . p see p. 115 , to 122 , 12● , 143 , 134 , 139 , 140 , 158 , 259 , 164. to 269 , 174 , 175 , 176. * see the conference at hampton court , printed 1604. p. 76 , &c. * such are most of our bishops , deans , chapters curates , to their infamy . ‖ see joannis langeerusius , de vita & honestate ecclesiasticorum l. 2. c. 2 , 3 , 4. ‖ see th● whe●●●hall of the abuses now in the church of christ 1906. see a christian and modest offer , &c. and a most indifferent conference between the prelates and late silenced ministers , printed 1606. the linco●nshire ministers apology . a reply to dr. mort●●s general defence of the three nocent ceremonies , and dr. john burgesse his answer rejoyned thereunto , and the authors quoted therein , land ●n 1631. necessity of 〈◊〉 and hundreds more . argum. 1. * see dr. reinolds conference with hart , ch . 〈◊〉 . div . 4 , 5. answ . * see ponti●icale r●manum , caeremoniale episcop●●um . my vn●●sh●ing of 〈◊〉 and 〈◊〉 . bishop halls divine right of episcopacy and remonstrance mr. sanderofts consecrations sermon on tit. 1. 5. newly printed . objection . answer . * exod. 28. 42. ● 39. 28. lev. 6 10. c. 16. 4 23 32. 1 sam. ezech. 44. 17 , 19. 2 chron. 5. 11 , 12. ‖ ezech. 44. 1● , 18. * here , p. 67. † missale romanum , benedictiones diversae & pontificale romanum . gul. duramus r●t . divinorum , l. 3. * where he gives other mystical reasons for them . arg. 2. answer . a levit. 13. 38. 44. 45. b levit 13 , & 14 ▪ c numb . 12 ▪ 10. 2 kings ● . 17. d ezech. 27 ▪ 18. rev. 1. 24 ▪ isay 1. 18. * see page 12● . 123. e wickliff di●logorum , l. 4 ▪ c. 16 , 17. de pap● . c. 12. f doctrinalis , tom. 3. tit. 4. c. 29. 30. g acts 23. 3. h degradandus indumentis sacerd●talibus , si sacerdos sit , induitui ▪ & sic de reliquis ordinibus , pontificale romanum p. 456 , to 462. fox acts and monuments vol. 3. p. 998 , 999. * here , p. 51 , 53. i lib ▪ 1. advers . jovinianum . k antiqu. lect. l. 5. c. 13. p. 220. l pontificale romanum p. 13. a my signal loyalty and devotion of gods true saints , &c. to their soveraigns , part 2. p. 287 , 179 , 190 , 231. b genialium dierum , l. 3 c. 7. c de moribus gentium . d romanae quaestiones . e problematus , locus , 120. de vestitu . f purchas pilgrimage , l. 1. 4. cap. 19. g sands europae speculum , purchas pilgrimage , l. 3. c. 12. h lins●h●t , l. 1. c. 22 purchas pilgrimage , l. 5. c 15. p. 667. i benedicti are●i . problemata l●●us 120. p. 36● 〈…〉 , antiqu. ●onviv . l. 2. c. 26. a strabo , solinus , pomponius mela , alexder ab alexandro gen. dierum l. 5. c. 18. f. 291. & boemus de moribus gentium . b alexander ab alexandro gen. dicrum● l. 5. c. 8. f. 263. lib. 6. ● . 1● f. 664. c antiqu ●ect . l. 14. c. 16. d hist . rom l 4. e problemata . f hist . naturalis . l. 8. g digestorum . l. 1. de officio quaestoris . h alexander ab alexandro gen. dierum , l. 3. c. 17. f. 153. paulus aemilius consul legem tulit ad populum , qu● nè cui suffragii , causa munus dare liceret multipliti poena inter dixit . postea lege calphurnia his qui mercede corrupti aut munere deliniti candidatis obviam issent , quique precio illos sectarentur ; aut si prandium ad captandos animos , aut si quid muneris exhibitum foret , praeter poenas legibus constitutas , etiam ●ecuniaria mulcta fuit . id quod fabia lege cautum , &c. d cooks 4. institutes . p. 23. e alexander ab alexandro , gen. dierum , l. 3. c. 17. quoties contrae ambitum istorum qui appetunt majes●iatus pluribus lebus à romanis obvium item fit . f hierom. comment . in ezech. c. 44. alexander ab alexandro . gen. dierum , l. 6. c. 12. f. 34● . conference at hampt●n court , p 76. gul. stuckius antiqu conviv . l. 2. c. 26. g alexander , ab alex. gen. dierum ▪ l. 6. c. 19. f. 364. h bochellus decret . eccles . gal. l. 5. tit. 2. c. 3 ▪ p. 702 , 706. seldens titles of honour , part ● c. 8. p. 222. i my signal loyalty and devotion of gods true saints and pious christians to their soveraigns , part 2. p. 131 , 237 , 242 , 244 , 253 , 255 , 391 ▪ tho. walsingham , hist . angl. p. 295 , 296. * ●ea● magd. 4 ▪ c. 6. 〈◊〉 419 , 420. cent. 5. col. 658. cent. 6. col. 334 cent. 7. col. 147. cent. 8. col. 189. cent. 9. col. 314. cent. 10. col. 293. cent. 11. col. 262. cent. 12. col. 875. cent. 13. col. 596. tho. waldensis doctrinalis tom. 3. tit. 5. c ▪ 52. gul. stuckius ant●qu . conviv . l. 2. c. 26. * de divints officiis c. 19. de sabbato sancto virgil. paschae operum col. 1062. ‖ de institutione clericorum . l. 1. c. 29. * gul. 〈…〉 l. 2● ▪ c. 26. sarius 〈◊〉 tom. 1 ▪ p ▪ 85 , 788 ▪ 49● tom. 3 ▪ p. 1●7 , 683. 716. tom. 3. p. 286 , 365. 〈◊〉 cas sander , de bap●●mo infantum , and sundry 〈…〉 cent. magd. 4 , 5 , 6 , 7. cap. 〈…〉 ●48 . p b●chellus de●ret eccles . gal. l. 6. c. 17. johannis de aton . const●t provincialium , fol. 129 , 131 , 135. lyndewood provincial l. 3. c. 11 ▪ de vita & honestate cleric . canon 6. 1603. can. 74. q mr. iohn ●adger● 〈◊〉 of the ●●●er temple who 〈…〉 r mu. 7. 16. 17 , 20. luke 6. 43. 1 ▪ tim. 4. 12 , 14. 2 ▪ tim. 4. 1 , 2. 5. 1 ▪ pet. 5. 3. phil. 3. 17 , 20. ſ spelmarni concil . p. 293 , 294 , 259 , 246 , 264. t su●ius concil . tom. 3. p. 278 , 279. * mat. 4. 17. psal . 102. rom. 2. 1 ▪ cor. 14. 2 tim. 2. * surius concil . tom. 3. p. 864. * isay . 58. * bochel . decr. eccl. gal. l. 5. tit. 18 , de archiepiscopis & episcopis & l. 1. tit. 3. de praedicat●●ae & expositione verbi dei. ‖ spelmanni council . p. 416. * see here , p. 75 , 76. * see gulielm . stuckius , antiqu . conviv . l. 2. c. 26. here , p. 114. x see bochellus decret . eccles . gal. l. 6. tit. 13 , 14. claudius espensaeus in tit 2. & de continentia , lib. john bales acts of english votaries , bishop halls honour of the maried clergy . * see bochellus l. ● . tit. 17. * quatuor sunt principales colores quibus secundum proprietates dierum , sacr●s vestes ecclesia distinguit ; albus , niger & violdis , &c. durantus rat. divin . l. 3. * see here . p ▪ 40 , 41. ingentos curati ( as we●l as curae ) stupent , leves loquuntur . * 1 cor. 15. 58. rom. 1● . 11. * mat. 9. 37 , 38. and 10. 2. * dan. 7 ▪ 9. 21. * see thomas beacons reliques of rome . ‖ gen. 7. 7. 21. and 15. 12. heb. 11 , 37. * psal . 102. 26 see aretius , p●bl locus 122. de vestimentis . gul stuckius antiq c●al . 2 , c. 2● , 27. * 1 cor. 8 ▪ 9 , 10 , 11 , 12 , 13. * caeliu● rho ▪ ●ig . antiqu ▪ ●ect . l , ● . v. 12 ▪ gratian. dist ▪ 40. * surius concil , tom . 4. p. 513 , 514. * 3 car. petition of right . surius concil . tom. 3. p. 279 , 280. laur. bochellus decret . eccl. gal. l. 3. t it 2. c. 85. p. 402. 2 cor. 6. 16. notes for div a56195-e22600 albi coloris vestitum in conviviis vsitatum fuisse . vestium candidarum usus apud ●udaeos . vsus vestium candid●rum ●pud romanos in diebus ●estis . * as if god were delighted with colours . in coenis sun● bribus albat● 〈◊〉 . balnea ante epulas . in exequiis at●●e luct● . in 〈…〉 . alia testimonia de vestium nigrarum usu in exequiis . colo● niger ticinum quid . in natalitiis . in spectaculis . in militia . in militia . in sacris . suffibulum , 〈…〉 . tinum candidum . in man●missi●●●s . * see 〈◊〉 ibid ▪ in magistratuum petitione . magistratuum petitores cur ●ga candida induti fuerint . toga pura . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . vestis linea alba . * as th●se now d●e who stand to be knights , citizens , and burgesses in parliament . 〈◊〉 artes peti●●riae . paries dealbatus , act. 23. & sepulchra dealbata ▪ matth. 23. 〈◊〉 den●tent purpura . * and are not many roman prelates and priests now such , and english 〈◊〉 ? purpura christi . coccina tunica . evangelisto de purpurea illa sive coccinea christi veste conciliantur . vestis purpureae & coccineae discrimen . candidati , petitores non solum magistratuum , sed aliarum quoque rerum . candida salutis , martyrii . albu● c●lor in vestitu cur romonis placuerit . al●i & candidi coloris discrimen . rh●da fullonum apud veteres creberrimus usus . sord●d● 〈◊〉 vulgo . 〈…〉 . 〈…〉 . t●ga mutata . pullati 〈◊〉 . 〈…〉 . vestium 〈…〉 varii 〈◊〉 . vestis candidae prestantia . angeli semper candidati apparuerunt . mar. 9. matth. ●7 . christus dis pulis suis ●datus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . equi albi . asinae albae . stola albae . nazaraei . loci eccles . 9. interpretatio . nota. baptiza idorum vestis candida . nomini sancti lavaeri . paschatis hebdomada & dominica quasi modo , in albis appell●ta . vestis candida in baptisma quale symbolum . tunica 〈◊〉 appellata . nota : vestes albae duplices . cur vestes aliaque res albo colere imbutae in tanto fuerint apud veteres pretio atque honore . coloris albi significationes allegoricae . a moderate, seasonable apology for indulging just christian liberty to truly tender consciences, conforming to the publike liturgy in not bowing at, or to the name of jesus, and not kneeling in the act of receiving the lords supper, according to his majesties most gracious declaration to all his loving subjects concerning ecclesiastical affairs ... / by william prynne, esquire ... prynne, william, 1600-1669. 1662 approx. 411 kb of xml-encoded text transcribed from 88 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2005-10 (eebo-tcp phase 1). a56184 wing p4011 estc r5505 12378666 ocm 12378666 60659 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56184) transcribed from: (early english books online ; image set 60659) images scanned from microfilm: (early english books, 1641-1700 ; 223:4) a moderate, seasonable apology for indulging just christian liberty to truly tender consciences, conforming to the publike liturgy in not bowing at, or to the name of jesus, and not kneeling in the act of receiving the lords supper, according to his majesties most gracious declaration to all his loving subjects concerning ecclesiastical affairs ... / by william prynne, esquire ... prynne, william, 1600-1669. [20], 151, [1] p. printed for the author by t.c. and l.p., london : 1662. errata: p. [1] at end. reproduction of original in harvard university libraries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of england -customs and practices. church of england -liturgy. 2002-04 tcp assigned for keying and markup 2002-05 spi global keyed and coded from proquest page images 2002-06 allison liefer sampled and proofread 2003-05 spi global rekeyed and resubmitted 2005-03 judith siefring sampled and proofread 2005-03 judith siefring text and markup reviewed and edited 2005-04 pfs batch review (qc) and xml conversion a moderate , seasonable apology for indulging just christian liberty to truly tender consciences , conforming to the publike liturgy . in , not bowing at , or to the name of iesus , and not kneeling in the act of receiving the lords supper ; according to his majesties most gracious declaration to all his loving subjects , concerning ecclesiastical affairs . comprising the principal reasons for their nonconformity in point of judgement , conscience , ( not humour or schism ) to these two ceremonies ; the first whereof is at large discussed both as a pretended duty of the text , or necessary ceremony grounded on philippians 2.9 , 10 , 11. and its true original , progresse , abuses in the church of rome fully discovered . the second briefly and occasionally touched , as inferred from that text. ( p. 64 to 90. ) in three serious and sober inquiries ▪ concerning bowing at the name of iesus ; compiled above 30. years since : published ( with some few additions ) to prevent uncharitable censures , and satisfy or pacify all of contrary judgement and practise in these particulars . by william prynne esquire , a bencher of lincolnes inne . 1 thess. 5. 14.15.21.22 26 now we exhort you brethren , comfort the feeble-minded , support the weak , be patient towards all men ; see that none render evill for evill unto any man , but follow that which is good both among your selves and to all men . prove all things , hold fast that which is good ; abstain from all appearance of evill : greet all the brethren with an holy kisse . gal. 5.14.15 . by love serve one another ; for all the law is fulfilled in one word , even in this ; thou shalt love thy neighbour as thy self . but if ye bite and devour one another , take heed lest ye be consumed one of another . 1 pet. 3.8 . finally , be ye all of one mind , having compassion one of another ; love as brethren , be pitifull , be courteous . london printed for the author by t. c. and l.p. 1662. to the kings most excellent majesty , charles the ii. most gracious soveraign , this moderate apology , for indulging just christian liberty , to truly tender consciences , ( not separating from the publick liturgy of the church of england ) in not bowing at , or to the name of jesus , and not kneeling in the act of receiving , ( except some short additions , suiting it to the present occasion ) was compile● , and part of it a printed , thirty two years since , for my own necessary defence , and others satisfaction . the chief cause of its present publication , is the justification of two of your majesties royal , christian indulgences to tender consciences , generally promised in your gratious letter and declaration from breda , ( the contents whereof so miraculously bowed the hearts of all your english subjects , notwithstanding their former disloyal engagements and oppositions against your vndoubted hereditary right , to reign over them as their king , that they all as one man , immediately dispatched the self-same message to your then exiled majesty , as the men of b judah did to their king david , ( when thrust out of his kingdom by absoloms vsurpation ) return thou and all thy servants , ) and since your majesties most glorious return from thence , and happy restauration , thus really performed , and particularly granted , expressed in your c royal declaration to all your loving subjects of your realm of england , and dominion of wales , concerning ecclesiastical affairs . d provided , that none shall be denyed the sacrament of the lords supper , though they do not use the gesture of kneeling in the act of receiving . no man shall be compelled to bow at the name of iesus , or suffer in any kind for not doing it . which indulgent declaration so ravished the hearts of all your loving subjects , that your whole house of commons ( their representatives ) then assembled in parliament , immediately after its publication , e repaired in a body to whitehall , and there by their speakers oration in the banqueting-house , expressed their extraordinary great ioy , and presented their generall thanks to your ma●esty , for this your most gratious declaration , and dispensation with their consciences in these and other matters , not being of the substance or essence of religion ; ●hich gave abundant satisfaction to all peaceable , sober-minded men , and such as are truly religious ; in which return of their thanks they were all unanimous , nemine contradicente , then ordering a bill to be drawn in pursuance of your majesties directions therein . yet notwithstanding the premises , such was the presumption of an over-ceremonious doctor , ( though chaplain to your majesty ) as f soon after publikely to deny the sacrament of the lords supper to my self , and other members of the commons house ( when ordered to receive it all together in st. margarets church , at the beginning of this parliament ) because we kneeled not down to receive it from his hand , ●raving the benefit of your majesties declaration , and liberty to receive it sitting , being the gesture which f christ himself and his apostles used at its first institution and celebration ; who ( as g st. chrysostome , h theophylact , with other antients , and some i modern divines affirm ) after he had eaten the passeover standing , as they conjecture ( though the evangelists and most k others accord they did eat it sitting ) sate down on purpose with his disciples to celebrate and receive the lords supper sitting ; to l signifie thereby , that they were then come to their journeys end , the perfection of religion and sacraments . this publick contempt of your majesties declaration , seconded with the sedulous endeavours of others , totally to deprive your loyal , peaceable consciencious subjects , constantly resorting to common prayer , the lords supper , and all gods publick ordinances without separation , of all the indulgence● therein expresly granted and really intended to them by your majesty , to their great disconsolation , in derogation of your royal prerogative as supreme m head on earth of the church of england , as well in and over all causes as persons . ecclesiastical , who have no ecclesiastical jurisdiction , but what is derived to them by , from , and under your majesty , nor any power● to controll your majesties dispensations , or christian compassions to tender consciences , have engaged me , ( out of duty to your majesty , sincere desires to prevent all future scismes in matters merely indifferent and ceremonial , and to wipe off those unjust aspersions usually cast upon them , for not bowing at or to the name of jesus , or not kneeling at the lords supper , as persons obstinately scismatical , void of all grounds of scripture , reason , conscience , antiquity , inducing them to scruple or omit these ceremonies ; ) to publish this apology in their behalf , consisting of three serious and sober inquiries ; wherein all the arguments , reasons , authorities for bowing at or to the name of jesus , either as a pretended duty , or necessary ceremony , grounded on philippians 2.9 , 10 , 11. are largely examined , refuted , retorted , and those for sitting or kneeling in the act of receiving the lords supper , summarily discussed , with such christian ingenuity , and moderation , as ( i humbly conceive ) will give ample satisfaction to your majesty , and the most zealous champions for these ceremonies , that their non-conformity to their use , proceeds not from any scismatical humor , singularity , or discontent , ( as is usually suggested ) but from such solid grounds of scripture , reason , and such authorities , antiquities , as have fully convinced their judgements , satisfied or scrupled their tender consciences , that they cannot in faith or conscience ▪ submit to practise them , at least upon such unsatisfactory pretences of scripture , reason , antiquity , or apparent mistakes , as have hitherto been alleadged for their use , by those who have most enforced them . and that as there were just grounds in point of royal justice , piety , clemen●y , christian compassion , state policy , and prudence for your sacred majesty , at first to grant th●se indulgences to tender consciences , to prevent all future scismes , preserve your kingdoms , churches publick peace , and christian amity , unity , communion among your protestant subjects ; so there are the like reasons for your majesty to continue , if not perpetuate them , without enforcing them against their consciences , so far as either totally to debarre them the lords supper , or drive them from the publick ordinances , or inevitably to subject them to ecclesiastical censures , to their great vexation . for which end , i shall most humbly crave leave to present these ensuing particulars to your majesties royal , and others christian consideration . 1. that o god only wise , ( the sole p author , prescriber , owner of his own divine worship and sacraments ) hath left all cor●oral gestures relating thereunto , free , arbitrary , and indifferent to all christians , n●tions , churches , ages , not particularly or precisely commanding in the old or new testament , either the gestures of kneeling , sitting , standing , bowing , or prostration in publick or private prayer , thanksgiving , fasts , hearing or reading his word , receiving sacraments , or any other par● of divine worship , though he hath absolutely commanded th●se duties themselves . the reason is apparent , because these gestures are in themselves things merely indifferent , and one gesture may be more decent , expedient to ●tir up affection , devotion , reverence , attention , upon several em●rgent occasions , in relation to the same , or different persons , duties , times , than another ; and many men by reason of age , sickness , infirmities , temper of body , custome of countries , nations , ( which q vary from each other ) inconveniency of place , crowds of people , or the like , may be disabled to use one gesture with so much devotion or conveniency as they can use another : for which reasons in numerou● congregations no absolute uniformity in these gestures can possibly be expected , nor rationally injoyned by any humane powers , since god himself the supreme legislator upon these grounds , hath left them free and arbitrary to his people , as r all divines acknowledge ; whence the church , saints , apostles , children of god in all ages , both under the law and gospel , ( as scripture presidents demonstrate ) have by gods approbatio● sometimes prayed and worshipped god s standing● otherwhiles (t) sitting , other times (u) bowing , and falling down prostrate on their faces ; sometimes (x) lying on their beds , couches , and othertimes (y) kneeling on their knees ; god alwayes (z) accepting their prayers , worship in every of these postures when their hearts and spirits ( which he principally (a) regards , requires , in his worship ) were upright , sincere , and their duties performed with that faith , fervency , holyness , and chearfull obedience , which he commands . 2 ly . that the primitive saints , christians , church , and all other churches since ●ave freely used , tollerated varieties of gestures , postures , ceremonies in all parts of divine worship , and have free liberty to alter , change or abolish ceremonies at their pleasure ; as all ecclesiastical histories ( especially centuriae magdeburgenses ▪ 2 , to 14. cap. 6. de ritibus & ceremoniis ) at large demonstrate ; and the c●urch of england resolves in her 20. a●ticle of religion , and the preface to the books of common prayer , why some ceremonies are abolished . 3 ly . that the principle end of gods instituting kings , magistrates , and chief authority , trust by him reposed in them , is , to b● gods subordinate b ministers to protect , encourage , commend all their subjects who do well , obeying the lawes and will of god according to his word ; and to punish none but evil doers , and transgressors of his lawes in relation to his worship : not to punish their christian subjects who obey gods laws , resort constantly to his publick ordinances , worship , sacraments , only ●or not using such and such gestures , ceremonies , v●stures , which himself hath left free and indifferent to all christians ; or to fine , imprison , excommunicate , or debar them totally from the lords supper , only for using the self-same gestures , ceremonies , as christ himself , his apostles , and the primitive christians used ; for which there is no president in scripture , nor in the * laws of any antient christian emperors to the best of my remembrance . 4 ly . that though christian kings and church-governours have authority to c prescribe and enjoyn things absolutely necessary and expedient , warranted by the word , in and about gods publick worship , and to d advise and perswade the use of things decent , expedient , though not simply necessary : yet it is the opinion of many judicious divines , that they cannot impose or enforce the use of ceremonies , gestures merely expedient o●●●●●ent , not absolut●ly necessary , on the consciences of their christian subjects , under civil or eccles●astical penalties : at l●astwise that it is not expedient or convenient for them to exercise such a power , because christ himself , the * king of kings , his apostles , & the most religious kings of gods appointment , never exercised or claimed any such iurisdiction , but left all christians free , actually to use or not use them at their pleasure ; as in the cases of e marriage , virginity , and single life ; of f eating or abstaining from certain meats , observing certain times and dayes to god ; of g mens praying and prophesying in the church with their heads covered , wearing long effeminate hair , and womens sitting in the congregation with their heads unvailed , and h brayding or frizling their hair , ( which most conceive to be absolutely prohibited , not simply advised , as well as their i speaking in the church ) yet not now prohibited by any ecclesiastical penall laws or censures of our church , though more scandalous , lesse arbitrary and indifferent than sitting at the sacrament , kneeling , or standing in prayer , bowing , or any other rites or ceremonies , now scrupled or omitted by tender consciences . 5 ly . that the unity which god himself requires in his church , and publick worship , amongst his people and children , is not an vniversal vniformity in external gestures , ceremonies , wherein the scripture is totally silent , but a k unity in the faith and substance of his worship , a meeting together with one accord , and with one consent , in one place , to pray , praise and worship god , with one heart , mind , soul , spirit , according ●o his word , ( ●ot with one kind of vesture , gesture , or posture of their bodies ) and to keep the unity of the spirit in the bond of peace , like christian brethren not l forsaking or separating from gods publick ordinances by law established on the one hand , nor cas●ing brethren out of the church m ( diotrephes like for not conforming in gestures or ceremonie● , on the other hand . ) hence all particular churches , christians , and professors of the gospel , dispersed throughout the world , agreeing all together in the n unity of the faith , are by god himself called , reputed , but one catholick church , & one body , united together under one head jesus christ , quickned , inlivened by one and the self-same spirit ; although they differ in their particular rites , ceremonies , gestures , liturgies , languages ; as the various , different members in the body naturall , being all united together under one head , make up but * one intire body : and men of various callings , professions , qualities , degrees , living under the same king , laws , government ▪ agreeing in aliquo tertio , make up but one kingdom , corporation , or body politique , though they diff●r fr●m each other in their particular callings , habits , ages , degrees , estates , opinion● , ‖ languages , gestures , and other personal circumstances . if we look into all our great cathedral or parish churches , we shall see thousands or hundreds of people joyntly resorting to gods publike ordinances , worship , sacraments celebrated in th●m , yet varying ●rom each other in their dignities , sexes , ages , callings , conditions , estates , vestments , attir●s , fashions , features , yea private opinions , voyce● , corporal g●stures ; some of them sitting in seats , others in galleries , others on forms ; others standing in allies ; here ‖ men and women ▪ there old men , young men , children sitting or standing promis●uously together , otherwhere men and women , fitting or standing apart from each other ; some praying standing , whiles others kneel ; others praying , reading ▪ singing with an audible voice , ( though differing in tones or tunes from each other like pipes in an organ , or strings in a lute ) yet all making sweet o melody and harmony in gods ears , and but one congregation ; as va●ie●y of trees , herbs , flowers of different kinds , colours , shapes , virtues in one garden , bed , make up but one pleasant , fruit●ull garden , to which the p church is compared . why then should any conscientious godly ministers or christians who approve & frequent gods publik ▪ ordinances , sacraments in our church , be sequestred from them , or any wayes molested as non-conformists or schismaticks , only not for bowing , kneeling or standing up when others do ? or for sitting at the sacrament as christ and his apostles did , whiles others receive it kneeling ? only against t●e bare advice or direction , not peremptory injunction of the rubricks , or other ecclesiastical canon● . 6 ly . that the principal q occasion of all antient , modern schisms in , and separations from our own and other churches , yea , of most unchristian divisions , contentions in them , and of intestine wars , commotions between christians ; hath been the over-rigid enforcing of meer human rites , ceremonies , gestures , inventions in gods worship , by ambitious usurping popes , prelates , and clergy-men , against the rules of christian liberty , charity , and our saviours commission to his apostles . r to teach all nations , to observe all things whatsoever he hath commanded them , not their own s doctrines , traditions , or humane inventions . and this ( if truly examined ) was the original of all our late intestine schisms , wars , tumults , which christian moderation , liberty , and indulgence in these particulars , would easily have prevented , and will be the best antidote against the like future maladies , as your majesty intimates in your royal declarations and speeches . 7 ly . that god himself having t laid a necessity and peremptory precept upon all conscientiou● ministers , to preach the gospel , and administer the sacraments to their flocks , and also commanded the people to u hear his word , receive his sacraments , and frequent his publick ordinances , under pain of everlasting woe and damnation ; in the performance of these religious duties , they ought in x conscience to obey god , who enjoynes them , rather than men , who prohibit them . therefore no christian magistrates , or church governors can in conscience or prudence ( unlesse they will y ●ight even against god , in gamal●els resolution ) prohibit or debarre them from performing th●ir duties , or resorting to gods ordinances or sacraments , only for non-conformity to such gestures or ce●emonies which god hath left free and indifferens to them , and are no essential parts of , or nec●ssary appurtenances to his worship . 8 ly . that it is the doctrine of optatus melivitanus , st. augustine , and other fathers of old against the donatists , and of the z church of england , and her bishops , divines at this day against anabaptist , and separatists , ( who separate from our churches , because there are many goates , tares , and wicked men , as well as sheep , wheat , saints admitted into , and unto the sacraments , ordinances administred in them ; ) that it is the a will of god and christ , that sheep and goats , tares , chaff and wheat , good and bad , should live , grow , and continue together in the visible church , till christ himself shall separate them at the day of judgement ; and that no visible church on earth ever did or shall consist only or mostly of real saints and christians truly regenerate . if then goats , tares , and unregenerate men , externally prof●ssing the gospel of christ , are there freely permitted to live , grow within the church , by our bishops , magistrates , yea freely admitted to all gods ordinances , notwithstanding their unregeneracy and impenitence , without molestation or seclusion , though b no constituting members of the true church of christ , consisting only of the elect : then much more ought those conscientious godly ministers , and christians , truly fearing god , and studying c to keep a good conscience in all things void of offence both towards god and men , living in all good conscience , and d walking as becomes the gospel of iesus christ , who are real constituting members of christs church , not to be deprived of their ministry , gods publick ordinances , sacraments , or cast out of the church 〈◊〉 no members of it , for non-conformity to such gestures or ceremonies , 〈◊〉 god himself hath not prescribed , and are not essential or necessary in his publick worship ; but to live quietl● without distur●anc● ; left the s●tyrists censure against suc● proceedings , e dat veniam corvis , vexat censura columbas . and our sa●iours sentence be justly charged upon unmercifull church-governours , f wo unto you scribes and p●arisees , hypocrites , for ye tythe mint , and anis and cummin , but have omitted the weightier matters of the law , iudgement , mercy , and faith. ye blinde guides which straine at a gnat , and swallow a camell . these 8. considerations , together with that divine o●acle of the wisest of kings , prov. 20.28 . mercy and truth preserve the king , and his throne is upholden by mercy ( engraven no doubt in your majesties royal heart with indelible characters ) super added to the three serious & sober inqui●ies here humbly prostrated at your majesties feet , and submitted to your most gracious perusal , and judicious royal censure , will ( in my weak apprehension ) abundantly satisfie all the reverend bishops & clergy of our church , with all your sober-minded subjects , studious of your majesties honour , or our churches tranquility , that there are as just ground for your majesty to continue and perpetuate your premised indulgences to tender consciences , as at first to grant them ; that so all your loyal and loving subjects , though of different perswasions , may have still cause to proclaim to all the world with publick ioy and triumph , ( after so many late tragical revolutions of publick governours and governments in order to their just desired civil and christian liberties ) this assertion of the poet , g fallitur egregio quisquis sub principe credit servitium ; nunquam libertas gratior extat quam sub rege pio . now the god and h father of all mercy , whose i tender mercies are over all his works , and hath commanded all his children ( especially christian kings who sit on his royal throne ) to be k mercifull as he their heavenly father is mercifull ; abundantly showre down all temporal and spiritual mercies , blessings ▪ graces on your majesties royal person , consort , family posterity , government , kingdoms ; and after a long most glorious and gracious reign on earth , translate you in peace , triumph , to his l heavenly kingdom , and there crown you with an eternal m crown and weight of glory ; which is , and shall be the daily prayer of your majesties most loya● subject and humble servant william prynne . lincolnes-inne , may 1. 1662. to the unprejudiced readers . self-vindication , against ignorant a calumniators ; self-preservatien , against potent b prosecutors ; seasonable satisfaction , to p●ivate friends , and open enemies ; publick instruction , to all sorts of persons ; christian compassion , to tender consciences , and evangelical moderation in the free use of corporal gestures , which god the father , and christ his only sonne have left c indif●erent to all christians in their own divine worship , ( presc●ibed by , reserved to themselves alone ) were the orginal grounds of compiling these three s●rious and sober inquiries in the years 1630 , 1631. and his majesties most gracious indulgences to tender consciences , promised in his royal declarations from breda , before ; and punctually performed in his declaration to all his loving subjects of his kingdom of england and dominion of wales , concerning ecclesiastical affairs , after his miraculou● and most gloriou● restauration to his royal throne ( especially in relation to bowing at the name of iesvs , * and kneeling in the act of receiving the lords supper , which some have publickly violated , by denying the lords supper to those who kneeled not , though members of the commons house ) engaged me in point of conscience , duty , honour , iustice ( in regard of my interest and transactions in that happy un-opposed deliverance of our king and kingdoms from worse than aegyptian bondag● ) the only cause of their present publication . the over-rigid enforcing and sad vexations prosecution of d sundry consciencious godly ministers and people in our episcopal visitations , consistories , high commissions , and suspentions of them from their ministry , and lords supper heretofore , for not conforming to these and other ceremonies , innovations , out of real scruples of conscience , grounded ( as they humbly apprehended ) upon scripture , reason , the examples of christ himself , his apostles , and the primitive churche● , as they were the true original occasions of our late unhappy schismes , troubl●s , confusions , tragedies , wars and desolations , out of which we are so lately rescued , ( like ` brands out of the fire ) by the omnipotent miraculous hand of f god alone ; so the over-violent re-infor●ing of them on mens consciences by severe laws and new injunctions against his majesties most indulgent declarations , in the judgement of many moderate , sober well-wishers to our churches , kingdoms peace , vnity , prosperity , may prove very dangerous , especially in this juncture of tim● , when the universal decay of all sorts of trade , the dearth of corn , multiplicity , variety of publick taxes , have much afflicted the whole body of the nation ; and the discontents of several sects , interests , have administred j●st fears of new distempers at home , and emnityes , if not enemies from abroad . upon which consideration , i apprehended the best service i could now perform to his majesty , our church , and state , was , to present this moderate , seasonabl● apology to the view of all our civil and ecclesiastical governours , conteining the true reasons , grounds of non-conformity to these two ceremonies , by such sober ministers and members of our churc● , who not out of scisme , humour , discontent , but a sincere desire , with the apostle st. paul , to g have and exercise a conscience alwayes void of offence towards god and towards men h to hold the my●●●ry of faith in , and i to serve god with a pure conscienc● : either cannot or dare not in point of judgement or conscience submit unto them . which if duly pondered by the greatest zealots●or ●or them , will i trust ( through gods blessing ) so far prevail upon their spirits as to see just reason , if not totally to disuse th●m in their own practise , yet at least not to enforce them so far upon their native christian brethren as to drive them from , instead of continuing them in our churches b●some . i shall therefore most humbly and heartily beseech all civil christian magistrates , ( whose power is principally confined by god , l to be terrors to evil workers , and mi●isters of god , to punish evil doers , which disobey his laws ; not to restrain or punish their subjects ●or following christs or his apostles examples in the use of mere indifferent gestures in gods worship , and to enjoyn only things necessary as well as decent , m not merely indifferent in themselves , left fr●e and arbitrary by god and jesus christ himself to all his people ) together with all the reverend bishops and clergie of our church , seriously to ponder , and pursue this sacred , solid , true christian advice of the antient , famous bishop and martyr st. cyprian , in his most excellent epistle to caecilius , in relation to the manner of celebrating the lords supper , and imitating christs own example therein , without any humane inventions or new ceremonies super-added thereunto , ( which the bishops and church of rome , with other churches , prelates have over-much forgotten , transgressed , to the prejudice of christianity ) worthy to be perpetually ingraven in their very souls . in sacrificio quod christus obtulit , non nisi christus sequendus est : et quod christus solus debeat audiri , pater etiam de coelo testatur , dicens , o hic est filius meus dilectissimus in quo benè sensi , ipsum audite : quare , si solus christus audiendus es● , non debemus attendere quid alius ante nos faciendum putaverit , sed quid , qui ante omnes est christus prior fecerit . neque enim hominis ( nor yet ecclesiae ) consuetudinem sequi oportet , sed dei veritatem , &c. as he there excellently proves at large ; concluding , quod f● p non minima de mandatis dominicis licet solvere , quanto magis tam magna , tam ad ipsum dominicae passionis & nostrae redemptionis sacramentum pertinentia , f●s non est infringere , ●ut in aliud quam quod divini●us institutum sit , humana traditione mutare . nam ●i iesus christus dominus obt●li● , & hoc fieri in sui comm●morationem p●aecepit : u●ique ille sacerdos vice christi vere f●ngitur , qui id quod christus ●●cit imitatur ; & sacrificium unum & plenum tunc offert in ecclesia deo pat●i , ●i ●ic incipiat offerre , secundum quod ipsum christum videat obtulisse . caeterum omnis re●igionis et veritatis disciplina sub●ertifur nisi id quod spirituali●er praeceptum fideliter reservetur . religioni igitur nost●ae congruit & timori , & ipsi loco atque officio sacerdotii nostri , in dominico calice miscendo & offerendo custodire traditionis dominicae veritatem , et quod prius apud quosdam videtur er●atum , domino monente , corrigere , ut cum in claritate ●ua & majestate coele●ti venire caeperit , inveniat nos tenere quod monnit , observare quod docuit , facere quod fecit . the non-observance whereof hath transformed the lords supper it self , instituted by christ as ● q badge and prime instrument of christian peace , vnity , communion , amity amongst all professors of christianity , as st. r augustine , gulielmu● stuckius & other● prove at large , t from whence it was called peace it s●lf in the primitive church , and u sent by members of one distinct church to an●ther as a token of peace , and christian communion ) is now become the greatest subject of seism , contention , discord , and persecution too : so as we may well take up that lamentation of v stuckius , as well in relation to our own , as most churches of ch●istendom , quam ver● dolendum e●● perditis hisce nostris temporibus atque moribu● sacrosa●ctum & salutare illud convivium , mutuae illiu● nostr● cum christo pariter & nobiscum invicem communionis sacramentum tot & tantarum rixarum , contentionum , inimicitiarumque acerbussimarum inter christianos , seminarium extitisse : by reason of human inventions , traditions , ceremonies , innovations superadded thereunto , by the pretended power and custome of the church ; which in matters of divine worship and this sacrament , ought with st. paul to deliver and prescribe nothing to the people x but what they received from the lord ; and to say with him , y be ye followers of me as i also am of christ ; and walk in love , as christ also hath loved us , the best and only means to silence all controversies , prevent all scismes , and establish unity and unanimity in our church ; which god gran● we may all henceforth cordially z pursue . amen . tertulliani apolog●ticus adversu● g●●tes . c. 24. videte ne & hoc ad irreligiositatis elogium concurr●t , ●●imere libertatem religionis , & interdicere optionem divinitatis , ut non lice●t mihi colere quem velim . n●m● se ab invito coli vellet , ne homo quidem . the first serious and sober inquiry concerning bowing at the name of iesus . section 1. whether bowing at every pronunciation of the name jesus , be a duty commanded , or ceremony warranted by philip. 2. v. 9 , 10 , 11 ? the bowing of the knee , head , and capping at every recital of the name of iesus , is grounded by all its patriots on the text aforesaid , (a) wherefore , god also hath highly exalted him , and given him a name which is above every name ; that at the name of iesus every knee should bow of things in heaven , and things in earth , and things under the earth : and that every tongue should confess ; that iesus christ is lord , to ( or in ) the * glory of god the father . but this text , if rightly read and understood gives no colour at all to this p●etended duty or ceremony . to make this apparent , i shall fi●st clear the text from a gross mistranslation of it , purposely made to countenance this ceremony . first therefore , take notice , that the word ( at ) is ●oisted into the text instead of ( in , ) the true translation and reading thereof being , ●hat in , not at , the name of i●sus every knee should bow , &c. the greek original text in all copies and greek fathers is , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and all latine , or greek fathers translated into latine , with all latine translations whatsoever ( except beza and castalio ) all latine commentators , expositors , whether papists or protestants ( those only who follow beza and castalio their translations excepted , being but three or four ) render it , in nomine iesu , where ever they recite this text , not ad , or apud nomen . true it is , that beza and castalio , and they onely render it ad nomen , that to ( not at ) the name of iesus every knee should bow ; but then they also interpret this name to be nothing else , but christs soveraign power and dominion , not his name iesus . all others read it , in nomine iesu : neither is there any one author , expositor , or translator extant , besides these and their few followers , that ●ead it ad nome● , as all schollers must acknowledge . the antient manuscript english translations , of which i have seen divers copies , sorts ; the several old printed english translations of mr. william tindall , mr. miles coverdale . thomas matthew ; the bishops bible set forth at first by matthew parker , archbishop of canterbury : since revised and published by the bishops , anno 1595. the epistles and gospels in latine and english printed at paris 1558 erasmus his antient english paraphrase commanded to be had in all churches by b queen elizabeths injunctions , and the canons of 1571. dr. fulk , and mr. cartwright , in their answers to the rhemish testament , all of these render this text in , not at the name iesus , &c. so do all our antient english writers , who recite it , as bishop latimer , bishop hooper , bishop ridley , bishop alle● , bishop tonstall , tho : beacon , tho : palfryman , iohn veron , mr. fox , mr. nowell , lancelot ridley , with a world of others ; who read it , in the name , &c. and the common-prayer-books , both of king edw. 6. queen elizabeth , king iames , and king charles , ratified by several acts of parliament , in the epistle on the sunday next before easter , untill the year 1629. all read it , in the name of iesus ; which mr. iohn cozens ( a great patriot of this ceremonious bowing ) well considering , and knowing it gave a fatal blow to this bowing at the name of iesus , i know not by what authority , caused the common-prayer-books to be corrected , ( in truth , corrupted , perverted ) in this particular , changeing in , into at the name ; by means whereof , most , if not all our common-prayer-books , printed ●ince the year 1629. render it , at the name , whereas all before that year read it most truly , in the name , according to the originall . i must confess that the english geneva bible , anno 1570. ( which * king iames affirmed to be the worst translation of all others , and was never read publickly in our churches , ) renders it , at the name ; which grew from the mis-englishing of mr. beza his ad nomen , which , in truth signifies to , ( not at ) the name , if duly englished . neither can our bowers at the name iesus take much advantage hence , if mr. beza be rightly translated , because they all confess , d that they do not bow to the name but person of jesus , only at the recital of this name . true it is , the last english translation ( made by e king iames special appointment ) reads it at the name , contrary to the book of common-prayer , and all former english translations approved by our church . how this came to pass , i shall relate from credible * information . when this new translation of the bible was fully finished by the translatours , and presented to king iames , he appointed bishop andrews to have the last perusal of it , who thereupon dealt with it , as mr. cozens since did with the common-prayer-book , and turned the translatours in , into at , without their privity or approbation ; as making best for the ceremony of bowing at the name of iesus , which he had a little before ( and since too ) p●eached for in a f court sermon ; by which means our last translation now renders this text , at the name , whereas the translatours ( according to the former english editions ) had truely rendred it in the name . now , that this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ought to be translated , in , not ad nomen , at , or to the name , is infallible . first , because it is so englished in all g other texts of scripture whatsoever , this phrase at the name , being used in no place else but this throughout the bible , nor yet in any english author extant that i have seen or found , but in the name , onely ; now why it should here alone be translated at ( not in ) the name , and in no other place , no reason can be given , unlesse it be purposely to support this ceremony of bowing at the name iesus , which else would fall to ground , which makes this translation here the more suspitious . secondly , at the name , is neither good english , nor good sense ; for , though we use in or at promiscuou●ly , when they relate either to a time or place , a● in a time , or at a time ; in such an hour or day ; a● such a day or hour ; in such a place , street , town , house ; at such a place , street , town or house ; yet we never use them so when in relates to god's , christ's , king's , or any man's name or authority , there being no such english expression , as at the name , extant in any author , w●●t , warrant , or used in any scripture-text , but this onely . t●at this expression is neither good english nor sense , these instances will manifest ; where the same greek phrase and words , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , are used , acts 3.6 peter spake thus to the creeple , in the name of iesus christ of nazareth rise up and walk : should this text be rendered , at the name of iesus rise up and walk , it would marr both the english and sense too . acts 9 27 , 29. i● is recorded of st. paul , that he spake boldly i● the name of the lord iesus ; should we read it , he spake boldly ▪ ●t the name of the lord iesus , it would be plain non-sense . acts 16.12 . paul spake thus to the spirit in the damsel possessed with the spirit of divination , i command thee in the name of iesus christ to come out of h●r ; turn this text into at the nam● of iesus i command thee to come out o● her , & you deprave it quite . so 1 cor 5.4 , 5. in the name of our lord iesus christ , when ye are gathered together , and my spirit , with the power of our lord i●sus christ to deliver such an one unto sathan ; ●ender this , at the name of our lord iesus christ , &c. and you vitiate both the english and meaning , ephes. 5.20 . giving thanks alwayes for all things unto god and the father in the name of the lord iesus christ ; translate this giving thanks , &c. at the name of the lord iesus christ , and you ma● the sense and text , 2 thes. 3.6 . we command you brethren ( saith the apostle ) in the name of our lord iesus christ , that ye withdraw your selves from every broth●r that walketh disorderly ; turn this in into at the name , and all the sense is spoyled . so math. 21.9 . the multitude that went before our saviour into ierusalem , cryed , bl●ssed is he that com●th in the name of the lord ; transform this into , blessed is he that cometh at the name of the lord , and you deform it quite , iohn 14.13 , 14. whatsoever ye shall ask in my name , i will do it ; read this , whatsoever ye shall ask at my name , you spoyle all the text. acts 10.48 . and he commanded them to be baptized in the name of the lord ; render this he commanded them to be baptized at the name of the lord , and it is pure non-sense . in all these texts the greek is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the sam● verbatim with that of phil. 2. mat. 28.19 . christ saith to his disciples , go ye therefore and teach all nations , baptizing them in the ●ame of the father , of the son , and of the holy ghost ; translate this baptizing them at the name of the father , of the son , and of the holy ghost , you spoyle both the english , sense , and baptism too . there is nothing more common in scripture than these phrases , used in hundreds of places , in the name of the lord , in my name , and the like ; * translate any of all these into at the name , and you pervert them quite . turn but , i believe in god , to i believe at god ; our father which art in heaven , to our father which art at heaven ; or the ordinary phrase of our warrants , and of his majesties officers , these are to require , or , i charge and require you in the kings , or , in his majesties name , into i charge and require you at the kings , or , at his majesties name ; or our most common speech , go to such a man in my name , to go to him at my name , and you quite corrupt both the ●nglish and sence in each o● them : so that the translators of this text of philip. 2.10.11 . that in the name of iesus ( that is , in the vertu● of the supreme soveraign power , lordship , godhead , authority of jesus christ at the general day of judgement , when all things , that is , all men , all angels , spirits , good and bad , in heaven , earth , hell , shall stand before hi● person and tribunal , as their supreme lord and judge , as isay 45.23 . rom. 14.9 , 10 , 11. rev. 5.12 , 13 , 14 expound it ) by changing it into iesus● ( that is , at the hearing or mentioning o● the name iesus in time of divine service , as the patriots of this ceremony glos●e it , ) have marred both the english , and quite perverted the meaning of this sacred text , only to maintain this ceremony . it is evident then by all these concurrent parallel authorities , that the true translation of this text is this , that in , ( not at ) the name of iesus every knee should bow ( or be bowed , in the passive tense ; ) which will almost quite subvert the bowing at the name ●esus . ●or● the words being thus truly rendered , can never be prope●ly expounded or strained to this sense . that in the name iesus , ( to wit , at or in every naming of the word jesus , or when ever the name jesus is mentioned in the church in time of divine service of sermons ) every knee , or head then present should bow ; there being no one pa●allel text in scripture , wherein the name of god or iesus , is or can properly be interpreted at the mentioning , or at or in the naming of god or iesus ; but they must necessarily be expounded in this sence , in the name of god , or iesus , that is , in the supreme power , majesty , soveraignty , authority of god , or the lord iesus : in the name , being oftentimes used for , in the soveraign power and authority of god , of iesus , or christ onely ; not for the bare names god , iesus , or christ , as mat. 28 19. acts 3.6 . & 16 , 18. 1 cor. 5.4 , 5. 2 thess. 3.16 . mat. 7.22 . mar. 9.38 . ●uc . 10.17 . mar. 16.17 , 18. see also 1 sam. 17 45. psal. 8.1 . psal. 10.1 , 5. psal. 33.21 . psal. 44.5 . psal. 48 10. psal. 54.1 . psal. 89.24 . psal. 118.10 , 11 , 12. psal. 124.8 . prov. 18.10 . esay 50.10 . & 64. ● . all to the same purpose . thus all justices , judges , officers in their warrants use the word name , when they w●ite , these are to will and require you in the king● name , ( that is , in or by virtue of his royal authority , not of any christen name or surname of his ) to do thus and thu● . the true translation of this text being thus cleared , ( which i hope to see accordingly amended in all our new printed bibles and common-prayer books , by rechanging at , into in the name , by publike authority and command from the king or parliament in case the bishops neglect it ) and the meaning thereof in part discovered , i shall next examin the true genuine sence o● the words . for the full understanding whereof so far forth only as respects this ceremony of bowing at the name jesus ) these 4 ▪ things are to be inquired , 1. what is meant by the name above every name , which god gave to christ after his exaltation into heaven , in which every knee must bow ? and what that name is ? 2ly . what is here m●ant by bo●ing of every knee ? 3ly . what , by things in heaven , earth , and under the earth ? 4ly . when , and where this bowing of every knee shall be ? for the first : most expositors generally accord , that this name above every name which god gave to christ , is nothing else but his supreme power and jurisdiction , or his inherent real soveraign lordship , as he is both god and man , over all things and creatures whatsoever ; or , which is all one , his real title lord , ( given him above 50 times in the new testament in direct terms ) or lord of all things , coupled with his actual fr●ition of his suprem● lordship . that this , and nought else is in truth the name intended in this text , is most perspicuous , not only by the forequoted scriptures , where name is used for soveraignty , power , authority , but also by direct texts ; as ephes. 1.19 , 20 , 21 , 22. according to the working of his mighty power which he wrought in christ , when he raised him from the dead , and set him at his own right hand in heavenly places , farr above all princip●lity , power , and might , and dominion , and every name that is named , not only in this world , but also in that which is to come , and hath put all things under his ●eet , and gave him to be head over all things to his church . here , the apostle useth name , for principality , power , dominion , or lordship ; and makes the name above all name , given to christ at his exaltation , nothing else but his supreme lordship over all things ; which christ himself acknowledgeth , mat. 28.18 where he tells his disciples after his resurrection , all power is given unto me in heaven and earth . st. peter in his sermon acts 2.32 , to 36. after he had spoken of the passion of christ , concludes thus of his resurrection and dominion ; this iesus hath god raised up , &c. for , david is not ascended into the heavens , but saith himself , the lord said unto my lord , sit thou on my right hand , untill i make thine enemies thy footstool ; therefore , let all the house of israel know , that god hath made the same iesus whom ye have crucified , both lord and christ. the making of christ ( then ) after his resurrection as god and man , lord over all , was the name above every name , which god , then , gave to christ , who is lord of all , as the same apostle peter affirmes in his sermon to cornelius , act. 10.36 . yea lord over all ; rom. 10.9.12 . and king of kings and lord of lords , 1 tim. 6.15 . rev. 17.14 . chap. 19.16 . that observable text rom. 14 6 , to 13. will make this most clear , he that regardeth the day regardeth it unto the lord , and he that regardeth not the day , to the lord he doth not regard it . he that eateth , eateth to the lord ; for , he giveth god thanks ; and he that eateth not , to the lord he eateth not and giveth god thanks ; for none of us liveth to himself , or dieth to himself ; for whether we live , we live unto the lord , or wh●ther we die , we die unto the lord whether therefore , we live or die , we are the lords . for , to this end christ both died and rose and revived ( mark this well ) that he might be lord both of quick and dead . but , why dost thou judge thy brother ? or why dost thou set at nought thy bro●her ? we must all stand before the judgement s●at of christ ; for , it is written , as i live , saith the * lord , every knee shall bow to me and every tongue shall confesse to god. so then every one of us shall give an account of himself to god. here the apostle expressely resolves , that the name given to christ by god his father , after his resurrection , was nothing else , but lord , yea lord both of quick and dead ; and that this bowing of every knee prophesied by isay c. 45 , 23. and alluded unto in phil. 2.10 , 11. is nothing else but the appearance , submission and subjection of all men & angels to him , as their supreme lord , when they shall stand before his tribunal , in the day of iudgement ; not any bowing of the knee , or stirring of the cap unto him , when his name iesus is mentioned in the church , where the greatest part of men never yet appeared , nor resorted unto in any age . if all these direct parallel scriptures be not sufficient or satisfactory enough to prove & evidence this hi● name lord , or his soveraign dominion over all creatures , as god equal with his father , to be the name above every name , in which all knees must bow , the text it self unanswerably resolves it . for , that name above every name , in which all knees must bow , is that name only which every tongue must confesse ; the text it self assuring us so much , and coupling the bowing of the knee , and confession of the tongue both together . but the name which every tongue shall confesse , is this , that iesus christ is lord , phil. 2.11 . therefore lord must be that name above every name , in which every knee must bow . this is the name by which all persons , good and bad , pagans and christians , iews and gentiles , all angels and devils shall call christ at the last day of judgement , the only time when this scripture shall be actually fulfilled . which day , as it is * often called , the day of the lord , and christ comming to judgement , the comming of the lord ; and he ( with referrence to this day ) the lord : so himself expresly saith , that good and bad shall then joyntly confesse him to be , & call him lord , witnesse mat. 7.21 , 22. & 15.11 . not every one that saith unto me , lord , lord , shall enter into the kingdom of heaven , &c. many will say to me in that day , ( to wit , the day of judgement ) lord , have we not prophesied in thy name ? &c. but most full and expresse is that of mat. 25.35 , to 45. when the son of man shall come in his glory , and all his holy angels with him , then shall he sit upon the throne of his glory , and before him shall be gathered all nations , and he shall seperate them one from another , as a shepherd divideth his sheep from the goats . and he shall set the sheep on his right hand , and the goats on his lest ; then shall the king say unto them on his right hand , come ye blessed of my father , &c. then shall the righteous answer him , saying , lord ▪ when saw we thee an hungred , and fed thee , &c. ( here we have all the sheep , that is , all righteous men at the day of judgement , joyntl● calling christ lord , whiles they stand before his tribunal receiving a sentence of absolution , and a heavenly kingdom . ) then shall he say to them also on the left hand , depart from me ye cursed into everlasting fire , &c. then shall they also say unto him , lord , when saw wee thee an hungred , &c. here wee have all the goats , that i● , all wicked men whosoever , at the day of judgement , joyntly calling christ lord , to the glory of god the father ; therefore this name lord , being unquestionably the name above every name , which every tongue shall then joyntly confess , must be the name above every name , in which every knee must bow , as these scriptures p●ove pas● all contradiction . to clear this up yet more fully by other texts , consider that memorable place of iude 14 , 15. and enoch also the seventh from adam , prophecyeth of these saying ▪ behold the lord cometh with ten thousand of his saints , to execute iudgement upon all , ( in the general day of judgement ) and to convince all that are ungodly among them of their ungodly deeds which they have ungodly committed , and of all their hard speeches , which ungodly sinners have spoken against him . then compare it with psal. 96. & 98. which thus prophecy of christs kingdome , and comming to judge the world under this very title of lord , repeated no lesse th●n 16. times . o sing unto the lord a new song , sing unto the lord all the earth : sing unto the lord , &c. for the lord is great , and greatly to be feared , he is to be feared above all gods. f●r all the gods of the nations are idols , but the lord mad● the heavens ; honour and majesty are before him , strength and beauty are in his sanctuary . give unto the lord ( o ye kinreds of the people ) give unto the lord glory and strength ; give unto the lord the glory due unto his name , &c. o worship the lord in the beauty of holinesse , fear before him all the earth . say among the heathen , that the lord reigneth , he shall judge the people righteously , &c. make a joyfull noise before the lord the king ; let the heavens rejoyce , &c. before the lord , for ●e cometh to iudge the earth : he shall judge the world * with righteousnesse , and the people with his truth . so psal. 7 , 8. the lord shall judge the people , judge me o lord according to my righteousnes● . psal 110.1.6 . the lord said unto my lord , sit thou at my right hand untill i make thine enemies thy footstool , &c. the lord at thy right hand shall strike through kings in the day of his wrath ; he shall judge among the heathen . psal. 135.13 , 14. thy name o lord endureth for ever , thy memorial o lord to all generations , for the lord will judge his people isay 3.13.14 the lord will stand up to iudge the people ; the lord will enter into judgement with the antients of his people . peruse ioel 3.13 . to 18. mich. 4.2 . to 8. where ch●ist in relation to judging all nations and people , is frequently stiled lord by way of prophecy , before his incarnation or resurrection , and compare th●se scriptures with others in the new testament after his resurrection ; as 2 tim. 4.1 . i charge thee before god , and the lord iesus christ who shall judge the quick and the dead , at his appearing and his kingdome : 2 thess. 1.7 , 8 , 9 , 10. when the lord iesus shall be r●vealed from heaven with his mighty angels in flaming fire , taking vengeance on them that know not god , and ●bey not the gospel of our lord iesus christ ; who shall be punished with everlasting destruc●ion from the presence o● the lord , and from the glory of his power , when he shall come to be glorified in his saints . &c. rev. 4.8.11 . holy , holy , holy lord god almighty , which was , and is , and is to come . ( to wit , to judgement ) thou art worthy o lord to receive glory , honour and power , for thou hast created all things , and for thy pleasure they were and are created . rev. 19.1 , 2. salvation , and honour and power be unto the lord our god , for true and righteous are his judgme●ts . 1 t●ess . 4.15 , &c. we who are alive & remain unto the coming of the lord shall not prevent them which are asl●ep ; for the lord himself shall descend from heaven with a shout , with the voyce of the archangel , and with the trump of god , and the dead in christ shall rise first ; then we which are alive and remain shall bee caught up together with them in the clouds , to meet the lord in the air , and so shall we ever be with the lord 2 thess. 2.1 . now we beseech you brethren by the coming of the lord iesus● c●rist , and by our ga●hering together unto him . jam. 5.7 , 8 , 9. be patient therefore , brethren , unto the coming of the lord , &c. for the coming of the lord draweth nigh behold the iudge standeth before the door . heb. 10.30 . vengeance belongeth unto me , i will recompence it , saith the lord ; the lord shall judge his people . act. 17.31 . he hath appointed a day in the which he will judge the world in righteousnesse , by that man ( the lord fore-mentioned ) whom he hath ordained , whereof he hath given assurance , in that he hath r●ised him from the dead . all these united to the preceding texts , and 1 cor. 8 6. but to us there is but one lord , iesus christ , by whom are all things , and we by him , will abundantly evidence that name of christ above every name , in which every knee shall bow , and which every tongue shall confesse , in the day of judgement at christs second coming , to be this name lord , or his divine soveraign power and dominion , not his name iesus . true it is , that some * interpreters ( especially those fathers who writ against the arrians ) assert , that the name above every name in this text , is the name of god , interpreting , he gave him a name above every name , in this manner ; he made and manifested him by his resurrec●ion to be god , as well as man. but thi● , though a real truth in it self , yet in the strict literal sence , as i take it , cannot be the name , because christ was god from all eternity ; and both god and man , from his womb , not resurrection , and his human nature cannot be properly call●d god , nor honou●ed with that name , but as conjoyned with his divine in one person . now the name which this text speaks of , was a name principally given to him in respect of his humane nature , which alone was humbled and highly exalted , not his divine , it being uncapable of humiliation or exaltation ; and that not from eternity , but from the time of his resurrection , as the words ( wherefore god hath highly ●xalted him , & given him a name above every name &c ) import . god therefore cannot properly be this name , but rather lord , which suits with both hi● nature● , he being supreme lord and judge of all , both as he is god and man , and made so especially from the time of his resurrection and ascention into heaven , and his * session at his fathers ●wn right hand , untill his enemies be made his foot-stool , as the fore-cited and subsequent scriptures evidence . other fathers and expositors interpret this name to be his ‖ name of the natural begotten son of god ; a name above all names given to men or angels , heb. 1.4 , 5. now christ being mightily declared to be the son of god , by hi● resurrection from the dead , rom. 1.4 . and this name being more excellent then any of men or angels ; some probably from thence inferre , the son of god , to be this name , he being so in regard of both natures . but this , though a truth , cannot so properly ( as some conceive ) be the name here intended , it being given to christ from all eternity , iohn 1.12 compared with heb 1.4 , 5 , 10. and likewise declaratively given to him at his baptism , when there came a voice from heaven , saying , this is my beloved son , in whom i am well pleased , mat. 3 ▪ 17. not after his resurrection , as the name this text doth speak of , was : this name then is rather lord , o● that soveraign lordship , dominion , kingdom , which the son of god , in r●spect of his human● nature , obtained by his resurrection , and the advancing of it to sit down on the right hand of the majestie on high , as supreme lord and heir of all things , heb. 1.2 , 3 , 8 , 13. col. 1.15 , 16 , 17 , 18. som 5 or 6 antients only there are of many hundreds , who directly ( not secondarily , or by way of allusion only , as others do ) make the name iesus , the name above every name in this text ; their reason is , because the words are , that in the name of iesus every knee shall bow . but this is a sencelesse reason , for the words are not , that in the individual name jesus every knee should bow , which in truth had been a particular designation of it to have been the name ; but , that in the name of iesus ( as all translate it ) every knee should bow , which words of iesus , are a designation only of his person , not of this his name . now jesus hath many names in scripture , as emanuell , son of god , christ , messias , lord , lamb of god , king of kings , lord of lords , mediator , head of the church , saviour , god , and the like , every one of which is the name of iesus , representing the person of jesus to us , though they are not the word nor name , iesu● ; so that these words resolve not jesus to be the name above every name , in which every knee should bow , but rather sends us to inquire what name of jesus it is , in which all knees must bow ? now , that the name jesus cannot be the name intended in this text , is undeniable , for these th●ee reasons . first , because a this name was given to our saviour by the angel , before he was conceived in the womb , and was imposed on him at his circumcision , by those who circumcised him ; whereas the name above every name in this text of the philippians , was given to christ after his passion , resurrection , and ascension , phil. 2.9.10 . secondly , because every knee of things in heaven , earth , and under the earth , must bow in this name intended in this text ; but this they cannot do in the name iesus ; for iesus is & signifieth nothing else but b a saviour , and christ being c no sa●iour at all to angels , devils , or damned persons , it is not possible that they should bow unto him as to their iesus , or saviour . now , though he be no jesus , nor saviour to any such as these , yet he is their soveraign lord and iudge , he being the lord , the iudge of all angels , devils , and damned reprobates , as well as of the elect , to whom alone he is a saviour , ● jesus , and they d all shall both call him their lord , and submit unto him and his final judgement , as their lord at the last day . seeing therfore every knee of things in heaven , earth , and under the earth , cannot bow to christ as their jesus , because he is not a jesus , or saviour to them all , but only as to their lord , to whom they must , shall , and will all individually and joyntly submit , he being equally a lord to all ; and since every tongue shall confess , not that christ is their iesus , but that iesus christ is their lord to the glory of god the father ; the name iesus cannot , the name lord only must be the name above every name , here meant , in which every knee shall bow . thirdly , because the name , in which every knee must bow , must be and is a name above every name , as the text witnesseth : but this name jesus is not a name above every name , it being the a name of his humiliation , im●osed on his humane person only , at his circumcision , not at his exaltation after his passion ; a name which gives him dominion over his redeemed people only , not over angels , devils or damned persons , to whom he is not a saviour ; a name rather of love , grace , mercy , then of soveraign dominion and power ; therefore it cannot be the name above every name to which all knees must and shall bow , mentioned in this text , but his name lord alone , coupled with his soveraign , divine power and dominion over all angels , devils , men and creatures whatsoever . from all which i argue thus . if the name above every name , in which every knee must bow , be not the name jesus , but lord , and the supreme lordship , power and dominion of christ over all : then there is no ground nor colour in this text for any bowing , cringing , or cappi●g at the naming of jesus , when ever recited in the church or elsewhere . but , the name above every name , in which every knee must bow , mentioned in this text , is not the name jesus , but lord , and the supreme lordship , power and dominion of christ over all ; as i have undenyably manife●●ed , it being that name which every tongue shall confesse , and call christ by in the great judgement day . therfore , there is no ground nor colour in this text , for any bowing , cringing or capping at the naming of jesus , when ever recited in the church or elsewhere . having thus found out the name in the text , i come now to examine , what is meant by the bowing of every knee in this scripture ? thi● phrase of bowing the knee , hath 4. significations in sacred writ . first , it is used for a adoration , when it is referred either to god , images or idols . secondly , for b veneration or civil reverence , when it is attributed to men , as to kings , magistrates , masters , parents and others , whom we usually reverence with bowing the knee . thirdly , for * prayer it self , usually made to god , with c bended knees , as ephes. 3.14 , 15. fourthly , for subjection only ; which is commonly expressed among men by the outward gesture of bowing the knee . thus it is used , esay 45.23 . rom : 14 11. and in this text of the philippians , as all expositors old and new acco●d , who thus interpret these words : that , in the name of iesus every knee should bow , that is , that all creatures , in heaven , earth and hell should submit and subject themselves to christ iesus as to their soveraign lord , king , iudge : good men and angels willingly ; devils and wicked men , even * against their wills : and that this is the true meaning of the words , will appear , 1. by these texts psal. 8.6 , 7 , 8. psal. 103.19 . psal. 110.1 , 2. 1 cor. 15.24 , 25. eph. 1.20 , 21 , 22. ( a most full text ) rom. 14.8 , 9 , 10 , 11 , 12. acts 2.33 , 34 35 , 36. heb. 1.8 , 9 , 13. revel . 5.8.12 , 13 , 14. secondly , ●ecause this bowing of the knee is attributed to angels in heaven and deuils in hell , which have no knees to bow as men haue ; therefore it cannot be construed of any literal bowing of the knee , which angels and spirits cannot yield , but of a bowing of subjection , which good and bad angels can & do render to christ as their lord as well as men . 3ly , because if this should be taken literally , most of the patriots of this ceremony of bowing , would be in very ill case . for , the text requiring the bowing of every knee , their putting oft their hats , caps , inclining their heads or bodies , or bowing only of one of their knees , could be no fulfilling of this literal bowing of every knee in the text , in their meaning , unlesse they can prove their heads , hats , caps , or upper parts of their bodies , to be their knees , or one leg , knee to be both , or every of their knees : their practice therefore of capping at the name jesus , of inclining their heads and upper parts without bowing their knees , to testifie ( as they say ) their subjection to christ , is a plain confession , that this bowing in the text is nothing else , but the subjection of all creatures to him , as their lord . hence therefore i argue thus . if the bowing of every knee in the name of jesus be nothing else but the joynt subjection of all angels , men and devils to christ , as to their supreme lord , not any actual bowing of the knee when his name jesus onely is mentioned in the church ; then this text neither commands nor warrants any bowing of the knee , head , or body , ( much lesse any stirring of the hat , or vailing of the bonnet ) at the naming of jesus in the church . but the bowing of every knee in the name of jesus mentioned in this text , is nothing else , but * the joynt subjection of all angels , men and devils to christ , as to their supreme lord , ( as all acknowledge not any actual bending of the knee , when his name jesus is mentioned in the church . therefore , this text neither commands nor warrants any bowing of the knee , head or body , much lesse any stirring of the hat , or vailing the bonnet , at the name of jesus in the church . proc●ed we next to enquire , what is meant by things in heaven , things in earth , and things under the earth ? all expo●itors accord , that by things in heaven ; is meant all the blessed angels and saints raigning with chri●t in heaven ▪ by things on ear●h , all creature● upon earth , especially m●n and women , whether good or bad . by t●ings under the earth , devil● and damned soul● in hell ; and if we believe some popish authors , the souls likewis● in purgatory : which purgatory , i doubt , will prove either no * place at all , or hell it self , because it is under the earth , as hell ( they say ) is , and in the very confines of hell , by their own confession ; and in many of their antientest * hours , missals , histories ▪ expresly stiled he●● , ab inferno libera nos domine , &c. well then , this being the meaning , and these the bowers in the name of jesu● , i would gladly learn from any patrons of thi● ceremonie , with what shadow of reason they can affirm ▪ that by bowing of every knee in the name of iesus in thi● text , is meant , the bowing of the knee , head , or body at every mentioning of the name jesus in time of divine service ? is there , i pray , any divine service , chapter , gospel , liturgy , collect , homily , sermon read , chanted , preached , or any religious mention of th● name of jesus in hell , among devil● and damned spirits ? yet their knee● are enjoyned and ough● to bow , in the name of jesus , at well as saints and angels in heaven or men in earth . certain ( i dare say ) it is , there is no divine service , prayer , reading of gospels , collects , homilies , preaching , or sacred mention of the name of iesus , in hell , but only by way of cursing or execration ; yea , as certain it is , that christs salvation , redemption extend not at all to angells , much lesse to devils : as hebr. 2.14 ▪ 16 , 17. 2 pe● . 2.4 . iud. 6. mat. 25 ▪ 41. resolve ; nor ye● to the damned in hell ; yet his soveraign lordship and power do . the devils and damned souls do not ▪ cannot bow to christ as to their jesus or saviour , yes they both do and must of necessity bow and submit to his royal scepter , soveraignty , power , as their * lord . the bowing therefore of the knee at the naming of iesus , especially in time of divine service , being not to be found or imagined amongst devils or reprobates in hell , cannot possibly be intended the bowing in the name of jesus mentioned in this text , which extends to those in hell it self , but only this bowing of subjection , which they * yield unto him as their lord . again , every knee of things in earth , is to bow in the name of iesus ; if we take this generally for all creatures upon earth , animate , or inanimate , many of them want knees to bow , yea eares to hear ; most of them understanding to apprehend the name of iesus , or distinguish this name of his from others , or to be instructed in this duty of bowing the knee , when ever they hear the lord jesus named . if we understand this generally of all men on earth , alas● , the greatest part of men in the world , since the creation till this present , neither knew the person , gospel , nor ever heard of the name of iesus ; they never had , nor shall have here on earth any divine service , reading or preaching of the gospel , collects , homilies , wherein the name iesus was or shall be mentione● ; how then can they observe or perform this duty of bowing at the recital of the name of iesus , in time of divine service , sacraments , or elsewhere ? yet notwithstanding every of their knees shall and must bow in the name of iesus ; they * being all now actually put in subjection under his feet as their lord , his kingdom ruleth over them all , his scepter now swayeth them though they know it not , and will not voluntarily submit thereto , and he shall judge them all at last . this bowing therefore must be a bowing of subjection , which every knee of things in earth doth , may , shall and must yield to christs divine soveraign power , dominion , lordship , not any bowing or capping at the recital of his name iesus , in which , at which , to which they neither do , nor yet actually can , shall or will bow their knee● ; i am certain , not in time of divine service , or sermons , which they want . finally , this bowing of the knee in the name of iesus , is attributed to things in heaven , which have no real co●poral knees to bow , nor the name of iesus to bow at , but iesus himself their soveraign lord and king immediatly to contemplate and adore , to whom they with all ch●arfulness subject themselves , both as to their redeemer and soveraign lord too ; witnesse rev. 5.11 , 12 , 13 , 14. forecited . yet who can prove or dare affirm , that these actually bow their knees at every naming of his name iesus ? this bowing therefore being applyed to every knee of things in heaven , earth , and under the earth , both severally and joyntly , and yet neither of them actually performing this ceremonious bowing of the knee at the name of iesus , either joyntly or separately in the church , in time of divine service , sermons or sacraments , though all of them joyntly or severally do , will , shall , must subject themselves to christ , as their supreme lord , either with or against their wills ; this bowing in the text must necessarily be acknowledged , to be only a bowing of subjection , which all creatures both for the present do , and chi●fly at the day of judgement shall yield to christ as their lord , & iudge both of quick and dead ; no● a bare bowing at every recital of his name iesus , which none in heaven , none in hell , yea very few on earth ( and most of those either out of ignorance , mistake , superstition , or blind devotion ) yield unto him . from hence therefore i thus dispute , that bowing of the knee in the name of jesus which every knee of things in heaven , earth , and under the earth , doth not , cannot , shall not either joyntly , severally , or actually use ; cannot be the bowing mentioned or intended in this text . but the bowing of the knee at the sound of the name of jesus , ( especially in time of divine service , to which the patriots thereof principally restrain it ) is such a bowing , which every knee of things in heaven , earth , and under the earth , doth not , cannot , shall not actually use , either joyntly or severally . the●e●ore it cannot be the bowing intended ( nor yet a duty , ceremony prescribed or warranted ) by thi● text , b●t the bowing of subjection only . i now proceed to the last thing to be inquired of , to wit , when & wh●re this bowing shall be ? certainly it shall be , not now or here in the church , but hereafter before the tribunal of christ , when he shall come to judge both quick and dead . to make this apparent , we must consider that this text ( as all generally expound it , and * mr. page himself acknowledgeth in direct terms ) is not a precept , enjoyning any actual bowi●g of the knee to us for the present , but only a prophesie or prediction of a universal bowing of every knee of things in heaven , earth , and under the earth , especially at the great day of iudgment , when they shall * all appear before christs judgment seat . this is clear by isaiah 45.23 . of which this text is but a rehearsall . i have sworn by my self , the word i● gone out of my mouth in righteousnesse , and shall not return ; t●at unto me ( not at , or to my name jesus ) every knee shall bow , every tongue shall swear . this text of isaiah is a direct prophesie of a bowing of every knee , and a confession of every tongue that should be hereafter made to the very person of christ , to which this of philippians relates , as our own bibles , with all expositors ( who referre these texts one to another , as parallels ) accord . but , ( then ) when or where shall this prophesie de futuro , be fulfilled ? st. paul , and the spirit of god , by him resolve this doubt expresly , that it shall be in the general day of iudgement , when we shall all stand before christs tri●unal . rom. 14 9 , 10 , 11 , 12. for to this end christ both died● and rose and revived , that he might be lord both of the dead and living . but why dost thou judg● thy brother ? or why dost thou set at nought thy brother ? we shall all stand before the iudgement seat of christ. ( but some might demand , by what scripture prove you this ? why , by this very prophesie of isaiah saith he ; for it is written , * as i live saith the lord , ( not jesus ) every knee shall bow to me , and every tongue shall confesse to god ; so ( then ) every one of us must give an account of himself to god. the apostle therfore referring this text , this bowing to the very day of judgement , for the time ; to christs own person , before his tribunal , for the place ; and reciting this prophesie as an infallible argument and prediction to prove , that we shall all hereafter appear before the iudgement seat of christ ; it is an undeniable evidence , that this bowing of every knee , and confession of every tongue , of things in heaven earth , and under the ●arth , in the philippians , referring to this prophesie of isaiah , by pauls own resolution , is principally , if not only meant of a bowing of subjection to ●hrist himsel● as their lord & iudge , b●fore his tribunal at the general judgment , not of any bowing or capping at the recital of his name iesus , now or here in the church . to make this yet more per●picuou● , consider i pray you , that bo●h in isaiah 45.23 . rom. 14.11 . and phil. 2.10 , 11. the bowing of every kn●e , and conf●ssion of every tongue , ●re coupled together as joynt con●emporary concurrent acts ; so that every knee of things in heaven , earth , and under the earth , shall bow in the name of iesus , at that time when , and in that place where , every ●ongue shall confesse , ●hat iesus ch●ist is lord . but when and whe●e shall every tongue confesse that i●su● christ is lord ? christ himself ●xpresly resolves it , * mat. 7.22 , 23. that it shall be in the grea● day of iudgement , before his tribunal ●nd person : and most fully , mat. 25.31 , 32 , 33 , 34 , 35 , 36 , &c. that it shall b● , when the son of man shall come in his glory , and all his holy angels with him , when he shall sit on the throne of his glory , ●nd all nations shall be gathered before him ; when he shall sev●re the righte●u● from ●he wicked , the sheep from the goats , se●ting one of them on his right hand , the other on his left ; when he● shall pronounce , come ye blessed , &c. to the one , go ye cursed to the other .. for the● all the sheep on his right hand shall joyntly call him lord , vers . 37. lord , when saw we thee an hungred ; and all the goats on his left hand shall joyntly do the like , vers . 44. lord , when saw we thee an hungred ; yea all his holy angels who shall then a●tend him , v. 31. mat. 16 27. 2 thess. 1.7 . and actually call him their lord too , by their attendance on him ) shall then no doubt acknowledge and confesse him to be the lord , a● they did at his * na●vi●y : vnto you this day is born in the city of david , a saviour , which is christ the lord , as is intimated to us psal. 103.19.20 , 21. and directly affirmed act. 1● . 17 . heb 1.6 , 7 , 8. yea , no doubt the devils ( whose lord he is , mat. 4.7.10 c. 8.29 , 31. c. 10.1 . mark 1.34 . luke 8.2 . c. 10.17.20 . c. 4.36 . being reserved in chains of darknesse to the judgement of the great day , iude 6. 2 pet. 2.4 . ) shall then in deed● , if not in word● , confess● that iesus christ is lord , as well as the greatest and most d●mned reprobates . this there●ore being the time when , the place where every t●ngue shall confesse that iesus christ is lord , must certainly be the time , the place , when and where every knee shall bow in the name of jesus . thi● will ●urther appear by the 2 cor. 5.8 , 9 , 10 , 11. we are willing rather to be absent in the body , and to be present wi●h the lord : wherefore we labour , that whether presen● or absen● , we may be accep●ed of him : for we must all appear before the iudgement seat of christ , that every one may receive the things done in his body , according to that he hath done , whether it be good or evil : knowing therefore the t●rrour of the lord , we perswade men . for the son of man shall come in the * glory of the father , ( which every tongue shall then con●esse , phil. 2.11 . ) and then shall be rewarded every man according to his works . mat. 24.30 then shall all the tribes of the earth mourn , and they shall see the son of man coming in the clouds of heaven , with majesty and great glory : and he shall send his angels with the great sound of a trumpet , &c. watch therefore , for ye know not what hour your lord both come , &c. blessed is that servant whom his lord when he cometh shall find so doing , &c. the lord of that servant shall come in a ●ay when he looketh not for him , and in an hour that he is not ●ware of , and shall cut him in sunder , &c. there shall be weep●ng and gnashing of teeth . and rev. 4.10 , 11. chap. 5.11 , 12 , 13 , 14. & chap. 7.9 , 10 , 11 , 12. the 24. elders ●all down before him that sate on the throne , and worship him ●hat liveth for ever and ever , and cast their crowns before ●he throne , ( here is the bowing of their knees ) saying , thou art worthy o lord ( not o jesus ) to receive glory , honour , and power , for thou hast created all things , and for thy pleasure they are and were created ; ( here is the confession of their tongues in direct terms , that jesus christ is lord . ) and i beheld , and i heard the voice of many angels round about the throne , and the beasts , and the elders , and the number of them was ten thousand times ten thousand , and thousand of thousands , saying with a loud voice , worthy is the lamb that was slain to receive power , and riches , and wisdome , and strength , and honour , and glory , and blessing ; ( here we have all the angels joyntly bowing their knees round about christs throne of judgement , and confessing with their tongues ▪ that he was worthy to receive power , and honour , and stre●gth , the same in effect with that in phil. 2.11 . that iesus christ is lord ; now mark what follows . ) and every creature which is in heaven , ( here are things in heaven ) and on the ear●● , ( here are things on earth ) and under the earth , ( and here are things under the earth , agreeing verbatim with this of phil. 2. ) and all that are in them heard i saying ; blessing , honour , glory , and power be unto him that s●tteth upon the throne , and unto the lamb , for ever and ever ; ( here is the confession of every tongue , that iesus christ is lord ) and the 4. beasts said amen . and the 24. elders fell down and worshipped him that liveth for ever and ever : ( here is the bowing of the knee , both of them before the tribunal of christ , at the last day ) af●er this i beheld , and l●e a great multitude , which no man could number , of all nations , kindreds , and people , and tongues , stood before the throne , and before the lamb , cloathed with white robes , and palmes in th●ir hands , and cryed with a loud voice , saying , salvation ●o our god , which sitteth upon the throne , and unto the lamb : ( here we have all tongue● confessing that jesus christ is lord , to & in the glory of god the father ) and all ●he angels stood round about the throne , and about the elders , and about the 4. beasts , and fell before the throne on their faces , and worshipped god , saying , amen ; blessing , ●nd glory , and wisdom , and thanksgiving , and honour , and power , and might , be unto our god for ever and ever , amen . adde her●unto rev. 20.12 , 13. and i saw the dead , small and great , stand before god , and the books we●e opened , and the dead were judged out of those things which were written in the books , according to their works . and the sea gave up the dead which were in it , and death and hell , ( or the grave ) d●livered up the dead which were in them , and they were judged every man according to their work● ; and death and hell were cast into the lake of fire . here are both the bowing of every knee , and confession of every tongue of things in heaven , things in earth , and things under the earth , of all men and angels joyntly together , before christ● throne , as to their god , lord , and soveraign judge : this bowing therefore of every knee , this confession of every tongu●●t the last d●y before christs tribunal , must needs be the bowing of every knee in the name of iesus , the confes●ion of every tongue that iesus christ is lord , in the glory of god the father , prophesied of , & intended in the philippians , & isa. 45.23 . and in truth , when or where should this bowing of every knee , and con●ession of every tongue be else , b●t in that great day of judgement ? when all things in heaven , earth , and und●r the earth , all men and angels , good and bad , shall be joyntly summoned b●fore the soveraign tribunal of christ ▪ their lord and judge , to be judged and sentenced by him . for it being both a joynt and universal bowing of every knee of things in heaven , earth , and under the earth , and an unanimou● general conf●ssion of all tongue● , it cannot possibly be actually verified or performed , but when all of them shall be gathered together into one place , and shall personally st●nd before christ● tribunal , where they shall all both hear , see , know and acknowledge him to be their lord , and thereupon actually bow unto him , as to their soveraign judge and lord ; which the greatest part of men in all ages , being infidel● , pagan● , who never knew nor heard of christ on earth , cannot pos●ibly perform till that day shall come . wherfore this text , or prophesie , cannot be actually verified of them before the day of judgement , and christs coming to it . the time then of this bowing of every knee of things in heaven , earth , and under the earth , in the name of jesus , and the confession of all tongues , being only the day of judgement , not the time of this present life , or of divine service , or sermons ; and the place , before christs tribun●l , throne , not the church ; and this bowing ( then ) not to his name jesus , but his person , ( every knee shall bow to * mee ) as he is supreme lord , god , judge both of quick and dead , i shall thence deduce this unanswerable argument , to prove this ceremony no duty of the text . if the bowing of every knee in the name of jesus , mentioned and intended in this text , be only a joynt bowing or prostratiō of all things in heaven , earth , and under the earth , in the great day of judgement , not in time of divine service or sermon , or in this present life , and that before christs tribunal only , not in the church ; then this text can be no precept , warrant , or colour at all for any bowing at every naming of jesus in the church , neither can it be deduced from or justified by it . but the bowing of every knee in the name of jesus ▪ mentioned and intended in this text , is only a bowing or prostration at the great and gener●l day of judgement , not in time of divine service or sermon , or in this present life , and that before christs tribunal only , not in the church , as all the premised scripture-evidences , and orthodox expositors acknowledge . therefore this text can be no precept , warrant , or colour at all for any bowing at the naming of jesus in the church , neither can it be deduced from or justified by this text . having thus run over these 4 particulars , we may from them collect the true sense and meaning of this text of the philippians , which being but a prophesie , not a precept , can infer no present duty : the true genuine sense of it in few words is this . that god hath highly exalted his son christ iesus , since his passion & humiliation ; that is , he hath set him at his own right hand in heaven , even in his humane nature ; and given him a name above every name ; that is , hath made him king of kings , and lord of lords , and exalted him above all powers , creatures whatsoever , made him the soveraign lord and judge both of quick and dead , given him power over all flesh , yea all power both in heaven and earth , and put all things in subjection under his feet ; that in the name of iesus every knee should bow &c. that is , to this very end and purpose , that all creatures both in heaven , earth , and under the earth , all angels and men , whether good or bad , whether in earth , heaven , or hell , should by reason , vertue , means , and in consideration of this his supreme power and advancement , submit and subject themselves to him ( especially at the day of judgement when they shall all appear before his tribunal ) as to their soveraign lord , and supreme judge , and conf●sse him with their tongues to be their lord , to ( or in , as many of the fathers read it ) the glory of god the father . this then being the t●ue genuine bowin● of subjection in the text , as is evident by the premises , and that ●ignant text of 1 pet. 3.31 , 32. by the resurrection of iesus christ from the dead , who is gone into heaven , and is at the right hand of god , angels , authorities , and powers being made subject unto him ; compared with col. 1.15 . to 21. heb. 13.4 , 5. c. 2.5 , 7 ▪ 8 , 9. ps. 110.1 . 1 cor. 15.20 , to 29. and this which i have insisted on , the undoubted meaning of this text , the sole argument that can be thence deduced to justifie the bowing at every naming of jesus , is but this : all creatures in heaven , earth , and under the earth , ●●all joyntly in the general day of judgement , submit themselves to jesus christ , as to their soveraign lord and judge , and bow their knees unto his person before his tribunal . therefore all christian men and women must ( now ) bow their knees , heads , or vaile their hats , whenever they hear his name jesus mentioned , during service or sermons in the church on earth . a grosse ridiculous non sequitur , needing no other answer but derision ; seeing * mr. calvin , m●rloret , bishop alley , olevian and piscator , affirm , that the sorbon sophisters are more than ridiculous , who co●lect from this place , that as often as we hear the name iesus mentioned , we are to bow the knee , as if it were a magick word , which had all its efficacy included in the sound . hence * bishop babington , dr. fulk , mr. cartwright , and dr. willet , resolve , that this bowing at the name of iesus , is not commanded in , nor warranted by this text , the name therein ●xpressed being not the name iesus , the bowing not literal , the time of it the day of iudgement , and the place wh●re it shall be , before christs tribunal , as most expositors joyntly accord : hence our learned * dr. whitaker , in his preface to his answer to saunders his demonstration concerning antichrist , mustring up divers absurd consequences of the papists and jesuits , from sundry texts of sc●ipture ; as , christ entred into peters ship ; therefore the whole church is peters , to wit , the popes ship. barnabas laid down the price of the field he sold , at the apostles feet ; therefore the popes feet ar● to be kissed : with many such like consequences ; concludes with this , as the grossest of all the rest , a name above every name is given to christ , that in the name of iesus every knee should bow ; therefore as oft as we bear the name of iesus mentioned , we must uncover our heads , and bow our knees . after which he thus proceeds . when , i say , men shall hear these and infinite such like expositions and argumentations of these new masters , if there be any sense left in them , not only of the holy ghost , but likewise of common judgement , they cannot think that a religion grounded upon ●●se foundations can be firm and certain , and to be preferred before all others . if then this grave and learned doctor , being regius professor of divinity in the vniversity of cambridge , hath thus br●nded the bowing at the name jesus , as it is deduced from this text , for an absurd , ridiculous , iesuitical non sequit●r , and that religion which is built upon such strange consequences , false and unsound ; i wonder much that any of our lea●ned prelates , ministers , and better sort of people , should be so over-seen , and blinded through cu●tom , usage , and inconsideration , as thence to deduce and defend the like popish consequence , a●d to presse this ceremony of bowing , with such earnestnesse , and zeal as now a dayes they do , as if all devotion and religion consisted in its use ; when as they should ●ather detest the mountebank cozening tricks , and devices of sorbonists and other popish persons , thus decryed by our own and other learned protestant writers ; then favour those amongst us , who to maintain the credit of this ceremony of bowing at the name of jesus , dare of●er violence to the very text it self , and our common-prayer-book , by changing in , into at the name , &c. which corrupts both the english , words , and sense of the text , as i have clearly evidenced , of purpose to delude poor simple people , to draw them on to errour , or popish superstition , and interpreting the name above every name , to be the name jesus , in which every knee shall bow , whereas in truth it is the name lord , the supreme power and dominion of christ , as our own common-prayer-book , in the thanksgiving after the communion administred , thus expounds it , glory be to god on high , &c. o lord god , son of the father , thou that sittest at the right hand of the father , have mercy upon us , for thou only art the lord , thou only o christ , with the holy ghost , art most high in the glory of god the father . having thus surveyed and cleared the words , and tru● meaning of this perverted text , i shall only desire you to observe these 4 things in it . first , that it is rather a prophesie of a bowing that shall be given to christ as lord at the last day , ( as all orthodox expositors accord ) than a precept prescribing any such bowing to christ for the present , as is undeniable , by comparing it with isaiah 45.23 rom. 14 ▪ 9 , to 14. rev. 5.10 , to 14. iude 14.15 . chap. 3.14 , 15 , 2 thes. 1.6 , to 11. secondly , that the bowing of the knee here mentioned , is not spoken of as a distinct act of some particular persons only in the church , and that oft reiterated at every sound of the name jesus , but of one joynt habitual or actuall universall bowing of every knee of things in heaven , earth , and under the earth , isaiah 45.23 . rom. 14.9 , to 13. rev. 5.9 , to 14. thirdly , that this bowing of the knee in the text , is coupled with the conf●ssion of the tongue , so that when ever the knee thus bowes in the church , every tongue also ought to confesse , at the same time , that iesus christ is lord , in the glory of god the father : so that if any will hence necessarily inferre , an actual bowing of eve●y knee in the church , at every naming of jesus , they must likewise every time they bow their knees at or to this name , confesse & cry out aloud with their tongues and voyce , that iesus christ is lord , to , or in , the glory of god the father : which , what a confusion , disturbance , distraction , in mens attentions , devotions , it would breed in the church , ( as their frequent bowings do now at the name jesus , above 20. times in one day , one chapter , yea * twice or thrice in one verses reading sometimes , and that just as the name jesus is uttered , before the following words recited , or the sense or person understood , whence some have bowed to ioshua , iustus , and bar-iesus too , when act. 7.45 . heb. 4.9 . col. 4.11 . acts 13.6 . have been read , instead of jesus christ the lord ) all men of common sence may conjecture . fourthly , that every knee should bow in this text , is not in the active , but passive tence , whence miles coverdale and others translate it , vt omne genu flectatur , that in the name of jesus every knee be bowed , whether they will or not ; devils , damned souls , and wicked men , being unwilling to submit to christ , as their soveraign lord , and subjected to him even against their wi●ls , psal. 110.5 , 6 1 cor. 15.24 , 25. luke 14.27 . heb. 2.8 . eph. 1.22 . therefore this bowing can be no religious duty or worship . every of which con●iderations will sufficiently evidence this bowing at the name of jesus , to be no duty of the text . if all thi● be not sufficient to satisfie our bowers at every recital of the name jesu● , both concerning the true ●eading and meaning of this text , but that the wo●ds must still be re●d at the name &c. this name at which they bow , must be the nam● jesus only , and this bowing at or to it , a duty enjoyned by this text , t●ough no father , nor orthodox protestant writer i have seen ever esteemed it so before bishop andrews . i shall then demand of them , but these questions . first , why they bow not at the sight of the name jesus when they behold it in a bible , book , window , hanging● , wall , medal , pulpit-cloth , cross or the like , as well as at the sound or hearing of it ? since this text confines it not to the hearing or sound alo●e , and at the name , may be as aptly interpreted at the sight , as at the sound of the name ; which is every way as venerable , comfortable , majestical , sweet , and as worthie cap & knee when we behold the characters of it written , printed , painted , carved , engraven , or embroydered , ●s when we hear the sound of it uttered or pronounced , as the rhemists , alphonsus salmeron , and cornelius a lapide two jesuites , together with molanus and carolus stengelius a benedict in freer conclude , from phil. 2.10 . in their passages hereafter cited . let them therefore henceforth learn to bow at the sight , as well as at the sound of the name jesus , or else give over their bowing when they hear it , because they forbear to bow to it when they see it . secondly , if bowing at the hearing of the name of jesus be a duty of this text , why then do they not bow to it in all place● & at all times alike ? in the streets , fields , house , closet , ( as the papists do to their crucifixes , crosses , images , hostia ) as well as in the church ? when they hear men curse or ‖ ●wear by this sacred name ( when the●e is most cause to honour it by bowing to , or at it , because it is then most dishonoured , profaned ) as well as when they hear the minister read or utter it in divine service , homilies or sermons ? why bow they not every time they hear it , as well as sometimes onely , it being alike sacred , venerable at all times , in all places , and representing jesus his person to our minds a like ? this text restraining it ( in their sence ) no more to the church than to any other place , no more to one mans uttring of it , then anothers , no more to the sound then sight of it . thirdly , if it be a duty enjoyned them by this text , at every recital , hearing , or sight of it , why doe they not account it a dangerous , mortal sin to omit , or carelesly , and superficiously to perform it , which few have ever deemed it ( if any ) till of late ? fourthly , if it be a duty of the text , that every knee should bow at the naming of jesus , why do most of them only use to put off their caps at , or to it , when recited , and not to bow their knees ? why do they more frequently only nod or bow their heads unto it th●n their knees ? or only one knee , ( which men for the most part do ) not both , ( which few but women practise , who mak● cou●tesies at it ) since the text requires every knee ( therefore both their knees ) should ●ow , not one on●y . fifthly , why do they duck , and bow their bodies or head● at the naming of it ( as many cathedralists , priests , and others do ) even when they are actually kneeling on their knee● , and praying to god , and ch●ist jesus himself ? yea , why give they mo●e reverence , honour to the name je●us a●one , than to the very person , majestie of god , or jesus christ him●elf ? for when as they are wo●shipping god and jesus christ on their knees , in their most ●erious prayers , and humblest , lowliest postures of body , even then at every naming of the word jesus , to bend or bow their heads and bodies particularly in a more special , lowlier manner than before only because this name jesus is mentioned in the prayer , what is it but to pre●erie , honour , adore his bare name jesus before his person , deity , and god the father himself , and to advance the very name , sound , syllables of jesus , above his person , to whom they would not have thus so frequently , lowly , and seriously bowed afresh , had not this name jesus been mentioned , though their minds , thoughts were or should be immediately fixed on god and him , and their knees , bodies bowed down to them in prayer before ? if this be not superstition , will-worship or worse , let their own consciences and reasons who are guilty of this practise judge . sixthly , if bowing at the name jesus be a duty of this text , i would willingly know , why the apostles , * fathers , and p●imitive ch●istian , for above one thousand years after christ , were utterly ignorant of this duty , of which there is no foot-steps , no mention in antiquity ? why ‖ pope iohn the 20th . or rather the 22th . above one thousand years after christ , should be the fi●st that ever set this ceremony on foot , and that with an indulgence of 20. years pardon for every enclining of the head ( not of the knee ) at the name of jesus ? why no antient , no modern commentators on this text but papists & jesuits , before bp. andrews , could find out this duty in , and acquaint us with it , as a thing therein required ? vvhy no a protestant churches in forein parts , can yet find out , or practise this duty ? vvhy b few but papist● , but jesuits , have formerly pleaded for it , till this our present age ? vvhy few but popes or popish councils and authors have hithe● to pressed it ? why there is a special prayer for the bowers at it , inserted into the masse of the name iesus ? for which name the papists have not only a solemn double feast day on the 7th . of august , stiled festum dulcissimi nominis iesu , but also a special masse , called horae nominis iesu , the howers or masse of the name jesus . seventhly , if it be a duty of the text , why then have c protestant churches and writers oppugned it from time to time , as a popish superstition and innovation , as the rhemists and stengelius acknowledge ? why then do d calvin and marloret , both in their commentaries on the text , and e paraeus , piscator , with others , declaim thus against the sorbonists ? the sorbon sophisters are more than ridiculous , who collect out of this pres●nt place , that the knee must be bowed as oft as the name iesus is pronounced , as if it were a magick word or spell , which hath all its efficacy included in its sound : why doth our learned g dr. whitaker tax william raynolds the rhemist , with his popish companions of rhemes , for abusing this text of the philippians , in straining this ceremony from it , which he expresly censures , as superstitious , which ( saith he ) may breed a more dangerous error than any it can remove , to wit , that iesus is better than christ , which is wicked to imagine ? yea , why do h thomas beacon , dr. fulk , k dr. willet , l bishop b●bi●●●on , dr. airay , and mr. cartwright , on and ●rom this ●ext , condemn and write against the papists for using this ge●●●lection , as no wayes warra●ted or commanded by it ? why do they censure the bowing at this name only ▪ as popish , superstitious , idolatrous in th● papists , and making an apparent di●parity between the three sacred persons of the trinity , which are co-equal , by giving more honour to the second person , and his very name iesus , than to the first and third , and their most sacred names ? or than to the other names of iesus , as emanuell , saviour , christ , messias , son of god , and the like ? whose judgements , that you may the better descern in this particular , i shall verbatim transcribe , reciting both the papists words and their answers to them , as i find them printed in their works . i shall begin with mr. thomas cartwright , who brings in the rhemists writing thus against the protestants . they , by the like wickednesse , charge the faithfull people for capping or kneeing when they hear the name of jesus , as though they worshipped not our lord god therein , but the syllables , or letters , or other material elements whereof the word written or spoken consisteth ; and all this by sophistications to draw the people from due honour and devotion towards christ jesus ; which is sathans drift by putting scruples into poor simple mens minds about his sacraments , his saints , his crosse , his name , his image and such like , to abolish all true religion out of the world , and to make them plain atheists . but the church knoweth satans cogitations , and therefore by the scriptures and reason , warranteth and teacheth all her children to do reverence whensoever iesus is named , because catholicks do not honour these things nor count them holy for their matter , colour , sound and syllables , but for respect and relation they have to our saviour , bringing us to the remembrance and apprehension of christ by sight , hearing , or use of the same signes , else why make we not reverence , at the name of * iesus the son of syrach , as well as of iesus christ. and it is a pittyfull case to see these profane subtilties of heretiques to take place in religion , which were ridiculous in all other trade of life . when we hear our prince or soveraign named , we may without these scruples do obeisance , but toward christ it must be superstitious ; thus the rhemists . to whom mr. cartwright thus replies , at the special instance of * sir francis walsingham , and other lords of queen elizabeths privy counsel , and request of all the heads and professors in the univers●ty of cambridge , with sundry other eminent english divines . this dirt which they dash us with is as well made of them , as thrown by them . for it is false , that we will have no reverence given to the name of iesus ; we say , that there ought to be no other honour or reverence given to it , than unto the name of christ , of lord , of god. and further we say , that this suppleness of your knees , in bowing at the name of iesus , is nothing but a mask to hide the straitness and numbness of all the joynts of your heart and soul in your submission to the commandement of iesus . for it is well known , that your knees which are cammel-like in the courtesie which you give to this name , are joyntlesse and elephant-like in your obedience unto his precepts to whom this name appertaineth . again , we testifie that this is a will-worship , not only troublesom unto the assembly by irksom scraping of the pavement and unseasonable interruption of that which is read or preached , but pernicious also , in regard of the suspition that it may move of the inequality of the persons in trinity , whilst a title of the son being honoured with cap and knee , the other persons have neither bonnet vailed , nor foot moved to testifie any honour unto them . the vaunt of scripture for proof of this worship , must needs avaunt . for , this being the only stay and prop which they can pretend out of scripture , makes nothing for it . first , for that the name of iesus in this place , signifieth not any title or note whereby christ is called , but his authority , and whatsoever is glorious and exc●llent within h●m ; as in divers places it doth likewise appear . secondly , for that he understandeth not by the word knee , the member of the body , whereby they honour but ( by a borrowed sp●ech ) the subjection and bending of all creatures unto the infinite power of christ : so that the souls d●parted and angels ( which have no knees ) are subject unto this courtesying , as well as men living upon earth . if therefore the heavenly spirits can yield this subjection unto christ without courtesying at the name of iesus , it followeth that this exposition of bowing the knee is farr from the meaning of the apostle in that text . thirdly , for that the kneeling and courte●ying here spoken of , is performed as well by the wicked and disobedient , as by the holy and obedient spirits , it is plain , that all kind of reverence , being a voluntary and frank worship of christ after the pr●script of his word , is without all warrant of this place . this scripture making nothing ●or them , their reason , although it were likely , cannot bear it out ; and whereas they would free thems●lves from superstition of●esus ●esus the son of sy●ach , as to jesus the son of god , whilst the knee j●mping with the very fir●● utterance of the word iesus , prev●nteth ●ft●ntimes the pronunciation of the other words , of the son o● syrach . the very danger ther●fore of communicating of this worship with others which they would have prop●r to our saviour christ might easily have admonished them of the ins●ffi●iency of this service . and seeing the name of iesus in the son of n●n● and in the high pri●st of that nam● , of whom only we are assured that they were ri●htly thus called , is the same with the name ascribed unto chri●t , o●●esus ●esus in their own right , but in the right of christ , wh●s● figures and lively representations they were . and if oth●rs might hold it , yet you which give the same hon●ur to the image , which you give unto the thing it self , cannot be conceived so to doe . what will you answ●r to this● that as you are in danger of superstion in the former point , so in this you are charged with profannesse , who neither cap nor courte●ie at the name of jesus it● thus far mr. cartwright . dr. andrew willet , an eminent sound english divine , in an * appendix concerning the name of jesus , ●elates the opinions both of the papists and protestants concer●ning this ceremony in these words . the papists . the name of jesus ought to be worshipped by capping and kneeing therunto , by wearing it in their caps and setting it up in solemn places , alleadging that of st. paul , that at the name of iesus all things shall bow , phil. 2.10 . * yea , they say that protestants by abolishing the name and image of christ , do make way for anti-christ . the protestants . first , the bowing at the name of jesus , as it is used in popery , to bend the knee at the sound thereof , is not commanded in this place ; which sheweth ●spe●ially the subjection of all creatures , ( of turks , jews , infidels , yea of the devils themselves ) to the power and iudgement of christ. secondly , protestants have only taken away the superstitious abuse of the name jesus . thirdly , the kneeling at the name of iesus , is supe●stitiously abused in popery for the people stoop only at the sound , not understanding what is r●ad , and so make * an idol of the letters and syllables , adoring and worshipping the very name , when they hear or see it : and again , in sitting and not vailing at the nam● of christ , emanuell , god the father , the son , and the holy ghost , and bowing only at the name of * iesus . fourthly , due reverence may be used to our saviour , without any such ceremony of capping or kneeing ; neither do we bind any of necessity to use this reverence to the nam● of iesus , as the papists do , who think that christ cannot be othe●wise honoured ; neither do we judge and condemn those that do use it , being free from superstition , and grounded in knowledge , and carefull not to give offence ; for superstitious and offensive ignorance is not in any case to be defended . fifthly , this outward reverence to the name of iesus , was * first taken up amongst christians , because of all other names it was most derided and scorned of the pagans and iews , and therefore they did the more honour it : but now there is greater danger of popish superstition in abusing holy things , then of profane paganism in utterly contemning them : and ther●fore there is not such necessary and iust occasion of using this ex●e●nal gesture now , as was in former times ; it was not used of necessity then , much lesse now . * synodus m●guntina , c. 59 ( an. 1549. not an. 813. as is commonly mistaken , this ceremony not being so antient by 200. years ) it was thus decreed . pari religione ad nomen salvatoris nostri domini iesu christi , similiter ad evangelium , magnificat , benedictus , nunc demittis , gloria in excelsis , gloria patri , caeterasque id genus divinorum officiorum partes , si● genuum fl●ctione , apertione capitis , ac totius corporis gestu se componant , ut ad ea quae ibi aguntur , animam intendere videantur : let men with like devotion at the name of our lord and savi●ur iesus christ , as likewise at the gospel , the magnific●t , benedictus , nunc dimittis , gloria in ●x●elsi● , gloria patri , and other parts of the di●ine s●rvice , s● com●ose thems●lves by bowing the knee , uncovering the head , and the like gesture of the whole body , as they may seem to have their mind occupied in those things that are done . i note out of this decree , three things : first , that they should bow at the name of christ , as well as when iesus is named . secondly , that the like reverence should be used when as other psalms are sung , and when mention is made of the father , and the holy ghost , as in gloria patri . thirdly , that this gesture should not be done in reverence to names , words , or syllables so pronounced , but only to declare our attention . thus then we see , that this superstitious custom in bowing to the name of iesus only , is contrary even to their own popish canons and decrees . the like things also was decreed , * synodus augustensis , c. 23. thus far dr. willet , who recites almost verbatim dr. f●lks word● , and opinion of this ceremony , in his answer to the rhemists notes on phil. 2.10 . who there expresly defines ; it is certain , that the bowing of the knee at the sound of the name of iesus , as it is used in popery , is not commanded nor prohibited in this place , ( of phil. 2.9.10 ) but it pertaineth to the subjection of all creatures to the iudgement of christ , in the general day of iudgement , when not only turks and iews , who could yeild no honour to iesus , but even the devils themselves shall be constrained to acknowledge t●at he is their judge . learned dr. william whitaker , regius professor of divinity in cambridge , in his answer to william reynolds the rhemist , cambridge 1590. p. 398 , 399. writes thus of this text and ceremony : of●esus ●esus , mr. reynolds is very earnest , and concludeth in the end , that i am an atheist , and make no account of christ , for denying , seeing we yeild this honour of cap and courtesies to the letters , name , seal , and seat of the prince . if this be a true argument , ( mr. reynolds ) as you in your vehemency would have it seem , how commeth it to passe , that gods name among you is not honoured with like reverence of cap and knee , whensoever it is heard ? will you put off your caps when the prince is named , and will you make courtesi●s at the * popes name , at his triple crown , or crosse , and will you never once stir your caps , or bow your knees when god is named ? is this your religion ? is this your fashion ? then let me conclude against you , as you have done against me , that you are by your own arguments very atheists , such as make no account of god himself ; for oth●rwise , this conclusion of your ( that i am such a one for not honouring the name of iesus in such sort ) is falsly , though most maliciously devised . the jews and infidels have abhorred the name of jesus , i grant , but no more the name of jesus , than the name of christ , seeing jesus is christ , and christ hath as much deserved to be hated of them , as jesus : christs name may a thousand times be heard amongst you , and no man moveth cap or knee . jesus is no sooner sounded , but every man by and b● putteth off his cap , and scrapeth on the ground with his foot : and yet not alwayes , or in all places , but in the church , and specially at reading of the gospel . this may breed a more dangerous opinion tha● any it can r●move , that jesus is better then is christ , and more worthy of reverence , which is wicked to imagine . reverend and pious dr. gervase babington , bishop of worcester , in his exposition of the catholick faith , in his works , london , 1622. pag. 195 , 196 , 197. determines thus of this text and ceremony : the papists ( w●ites he ) strangely des●ant of this holy name jesus , but whether such stuff be worth the touch , i referre it to you . surely to rake up this channell , were to stir up a great deal of ●oul matter ; for ( in truth ) the follies of their writers herein a●e most monstrous . but said i follies ? i might say more , and say but right . yet a little to manifest their blindnesse , you must understand ( say they ) that there ●re 3. manner of psalters . the fi●st is called davids psalter , containing thrice fifty psalmes . the second is called the psalter of our lady , containing thrice fifty aves . and the third is called the psalter of iesu , containing fifteen principal petitions , which t●n times repeated makes also thrice fifty ; in the which psalter the glorious name of iesu is called upon * 450. times . these ten petitions may be said upon our ten fingers , or ten beads , or read in a book . for example , iesu , iesu , iesu mercy ; iesu , iesu , iesu mercy , iesu , iesu , iesu mercy ; and so ten times over , which maketh one petition . this they say shall be very meritorious , because it is written , * whatsoever you shall aske in my name , that you shall have , and there is no other name whereby we can be saved . this is most wonderfull blindness and boldnesse , thus to abuse unto superstition this holy name , and thus to pervert these holy scriptures . the scriptures you see are farre from any such sense , the one promising that whatsoever we ask in his name , that is , for his sake , for his merits and passion , not for the word iesus , the literal word ; and the other teaching , that there is no other name , that is , no other means or way whereby we can be saved , not ascribing our salvation to the word or syllable iesus : but hear more . * another of their learned rabbies going about to tell the greatnesse of this name ( not of him that hath the name , but of the litteral word ) saith , that all things are comprehended within these four numbers , one , ten , a hundred , a thousand , and then , these numbers are in the word iesus ; wherefore he concludeth , that it is a wonderfull name , which you see in him was a wonderfull trifling in a serious matter . a third findeth that name of god delivered to moses , svm , i am , in this word iesus ; and how ? forsooth , saith he , iesus hath three terminations , when it is declined , iesus , iesu , & iesum : now take the last letter of every termination , and you have s. v. m. which put together spell svm . then he cryeth out , o nomen ineffabile ! o nomen verè tetragrammaton ! o gaudium angelorum , laetitiam lustorum , &c. o name that cannot be expressed ! o name truly tetragrammaton ! o joy of angels , and comfort of the just. furthermore , ( saith he ) this name , if you mark it , hath three vowels and two consonants , which is a mystery : for the three vowels i. e. v. signifie the trinity ; and the two consonants , ( or rather one consonant twice put , to wit s. ) signifie the two parts of christs humanity , his boy and his soul. therefore we must worship this name above all names . which what profound divinity it is , you see . others of them rob christ of his divine power , vertue , and might , and ascribe it to this litteral word of his name , saying , this is the name that gave the blind sight , the deaf hearing , the lame going , the dumb speech , the dead lise ; and finally , that cast out devills out of the bodies of men , &c. then is told a tale of a souldier that was taken out of st. patricks purgatory , by this name . and how ? because st. paul said , ‖ he was not only ready to be bound in ierusalem , but to dye for the name of the lord iesus , ( a place , if you mark it , well applyed . ) therfore when his head was cut off at rome it gave three leaps , and at every leap said , iesu , iesu , iesu. why st. paul meant , as i take it , that he was ready to dye for the name of the lord jesus , that is , for his gospel , truth , profession o● him , &c. not for the litteral word iesus . it is true , but thus blind were and are still these men , refusing all reformation , and running headlong to their ow● destruction , whilst they place the vertue in the name , that they should have ●aught to be in the person of christ , god and man , not once mentioning in all this , his mercy , merit , death , bloodshed , love , or such like . i cannot omit that profound doctor , whom erasmus mentioneth , that noted how many letters were in the word iesus , namely five , and then how s. standeth in the middest betwixt two syllables , to signifie , that even so iesus is the middle or mediator betwixt god and man , with such other good stories more there ; a● though we had no better means to prove christ our mediator , but by such curiou● , idle , foolish descant as this . but thus left they the fountains of god , and digged cisternes to drink on after their own fanci●s . le● us leave them therefore and their dreams , and still hold that which hath been said before , that this name was given him , not to be abused to superstition and folly , but to tell us , that as his name was , so indeed was he , a true , full , and perfect saviour of his people from their si●● ; not a half saviour , as gabriel biel writeth , principally by christ , but not only by christ. after which he addes , i think the place to the philippians ( ch . 2.9 , 10 ) not well understood , hath and doth deceive them : indeed they are easily deceived that will not search for truth , and they are justly given over to strong delusions that delight in errour , and have not a love of the ●ruth ; otherwise the place to the philippians would not be mistaken . but look we a little at the same , and mark from whence the apostle took it , and compare spiritual thing● with spiritual t●ing● ; the place is borrowed from the prophet * isaiah , and therefore by conferrence evident , that the word ( name ) signifyeth power , glory , honour , and authority a●ove all powers , glories , honours , and authoritie● ; and ( bowing the knee ) signifyeth subjection , submission , and obedience of all crea●ures to his beck , rule , and government , for what material knees have things in heaven , hell , & c ? this knew the antient father st. origen , and therefore writing upon the 14. to the romans , ( where these words be again ) saith , non est carnaliter hoc accipiendum , quasi coelesti● , ut sol , luna , angeli , genua aut linguas habeant , sed genu flectere significat , cuncta subjecta esse , & cul●ui dei obedire , these words are not to be taken carnally , as though things in h●aven , as the sun , moon , angels , &c. had knees , or tongues : but to bow the knee signifyeth , that all thing● should be subject and obedient to the service of god. this knew st. hierom also , and therefore saith , non ad genua corporis● sed ad subjectionem mentis , & inclinationem spectat , sicut david dicit , adhaesit pavimento anima mea . it doth not belong to the knees of the body , but to the subjection and bowing o● the mind , as david sai●h , my soul cleaveth to the earth or dust , noting his inward humiliation , not a r●●l ●nd outward matter ; for shall we think ( saith he ) that either heavenly things , or all earthly things ●ave knees , &c. no , i say again , but by thi● phrase of sp●ech is m●ant subjection , whereof bowing of the kne● is a sign ; as when he saith , * i have left me 7000. men which have not bowed the knee to baal , that is , which have no● been subject to that idol . fornicator libidini genu flectit , &c. the fornicator is sa●d to bow his knee to lust , the covetuous man to his riches or desire , the proud man to his pride , &c. because they are subject to these things . et ●o●ies diabolo flectimus qusties peccamus , and so oft we bow to th● devil as we commit sin , saith thi● good father . the like in effect have theophilact , bed● , ambros● , the glosse , and some of their own papists . imperio ejus subjiciantur angeli , homines , daemones , to his rule and government shall be subj●ct angels in heaven , men in earth , and devils under the earth . this is to bow the knee to him , and this is for him to have a name above all names . let it suffice both for answer to the place of the philippians , and for declaration of this popish ignorance and errour : great is the judgement certainly when men have eyes and s●e not , ears and ye●●ear not , hearts and yet understand not , and god avert it from his people more and more . after which he thus proceeds , this title of christ , is given to our saviour , to ●istinguish him from others that were c●lled iesus as well as he , who were many● ( the name in these places and time● being usual , ) as i●sus the son of nun , iesu● the son of iehozadeck , iesus the son of syrach , iesus iustu● , col. 4.11 . and many more , but none of all these was iesus christ ; therefore this addition of christ , you see , makes a difference betwixt this our j●sus , and all these ; and by the way , ( i should touch it again ) doth not even the common use of the name shew , that the place of the philippians is not literally to be understood ? for how could that name be a name ab●ve all names , which so many had as well as he , if you respect the literal name ? therefore need● by name , must be meant some other thing , ( as you heard before ) even power , authority , rule , and government , which is in christ above all o●hers . s●condly , this title sheweth his office , for it signifyeth annointed : and this again sheweth the grosse ignorance , or wilfull malice of papists , in so extolling the ●are word jesus ; greater● henry ( a proper name , common to many of his subjects ) or king ? ( a name of office , peculiar to him ) mary , or queen ? john , or earl and lord ? as then henry and king be , so is jesus and christ , therefore judge whether is greater , if we were to stand upon names and litteral rules . this have some of their own well seen and confessed , but i had rather alledge the scripture● . first then consider , at the first tydings brought of his happy birth unto the shepherds , mark how the angels content n●t themselves to say , * vnto you is born a iesus , or a saviour , but they adde more comfort , which is christ the lord. * thereby preferring this jesus before all that ever were so called , by a title of his office : the like we read in matthew , ‖ of whom is born iesus , which is called christ : in * iohn we read of a dissention , &c. not whether he were iesus or no , but whether he were christ , knowing the greater moment to be in that : a●ain , * a l●w was made to excommunicate whosoever confessed him to be christ , not against calling him by the name iesus ; in the same place you see the poor man which had received sight , to fall down and worship when he heard the title of the son of god , and not doing it before in that sort , though he knew his name to be iesus : in the * 10th . of iohn , they would have stoned him , for s●ying he was the son of god , and called it blasphemy , but they did not so for the name of iesus : i● ‖ luke they demanded of him , art thou the very christ ? not , act thou iesus ? for so they called him without offenc● , and when they heard his answer , they rent their clothes , thereby declaring how far greater it was to be christ , then to have the literal name of iesus . all which places , with many more , ought truly to teach and perswade our souls , to look for his office , that hath his name which is so comfortable , and not to be * children , playing with letters and syllables , and adoring titles with honour that is due to the person , as those fond men do , salving all the matter with a foolish distinction of concomitancy , by which all idolatry may be as well excused . thus thi● learned pious bishop of our church , expresly against bishop andrews and others fancies since . if this bishop seem singular in this case , i shall adde another prelate to second him , even that famous learned divine william alley , bishop of exeter , divinity lecturer at pauls , in the first year of queen elizabeth , who in his poor mans library , tom. 2. miscelanea praelectionis , 3 , & 4. london , cum gra●ia & p●ivilegio regiae majestatis , 1571. fol. 42 , 43 , 88 , 103 , 104 writes thu● , god the father gave un●o cur●●●ot only the glory of his body , but also the glory o● his name , a● it is written by paul , philippians 2.9 , 10. he gave him a name which is above all name●●●hat in ( so be * twice renders it , not a● ) the name of jesus every knee should bow , both of thin●s in heaven , of things in earth , and of things under ●h● earth● these words ( writes he , answering the papis●s obj●cting it for proof of their imaginary purgatory ) are not to be understood of the worshipping of god , ●or this worship standeth not in this , that the kn●e should be bowed , ●ut doth sp●cially require the spiritual effects and motions of the mind : paul there speaketh of the great authority and power which is committed and given to chri●t , by which power every creature of heaven , earth , and hell , is made subject unto him , even the devil himself , with all the wicked and damned spirit● , will they nill they , are delivered under his feet ; and the words which go before shew this sufficiently , for it is said , god gave him a name that is above all name● , that all knees should bow in that name ; w●ich words if ye will apply unto the divine worship , as though they which worship god be in purgatory ; then must you grant also , that the devil and all the damned spirits do worship christ ; nomen , name in this place is taken for dignity and honour , and so it is used almost in all tongues , especially in the scriptures it is a familiar speech ; paul therefore by this word name , signifieth high and great power to be given unto christ , and christ to be set in chiefest degree of honour , that there may no dignity be found like , either in heaven or in earth . it is to be wondred of some which do coactly restrain this sentence of paul to the two syllables of this name jesus : paul speaketh of the whole majesty of christ ; for they which do consider , and have no further respect but only to the two syllables of the name , do like as one would discusse and find out by this word alexander , the great prowesse of the name which alexander gat him ; but i pray you , * how much more foolish are the sorbonists , which gather by this place of paul , that the knee is to be bowed as often as this name iesus is pronounced ? as though this word were a word which hath in the very sound all the power included : but paul speaketh here of the honour which is to be given to the son of god , and to his majesty , and not to the syllables either sounded or written : and in this behalf , how much ( i pray you ) did the pel●ing pardoners deceive the people , in selling this name in golden or painted papers , as though they might obtain either remission of sins , or else the favour of god thereby ? thus much bishop alley . to him i shall annex that late learned reverend divine , * dr. henry airay , provost of queens colledge in oxford , who upon this text of the philippians , writes thus , and hath given him a name , &c. where we are not to unde●stand , that god gave unto christ after his resurrection any new name which he had not before ; for as before , so after , and as after , so before , he was and is called , the wisdome of god , the power of god , the true light of the world , faithfull and true , holy and just , the apostle and high priest of our profession , a priest for ever after the order of melchizadech , the saviour of the world , the prince of peace , the mediator of the new testament , the head of the church , the lord of glory , iesus christ , the son of the father , the son of god , and god ; neither had he any name after his resurrection which he had not before ; but by a name is to be understood in this place , glory , and honour , and majesty , and dominion over all things created , ( as the same word is elsewhere used , ephes. 1.21 . ) so that when it is said , god hath given him a name above every name , the meaning is , that god having raised up christ jesus from the dead , hath so highly exalted him in the heavenly places , that he hath given him all power both in heaven and earth , all dominion ov●r all creatures whatsoever , and the same glory which he had with him from the beginning , so that now he raigneth and ruleth with him● king over all , and bl●ssed for ever , which he there proves and parallels with heb. 2.9 . ephes. 1.20 , 21 iohn 17.5 . mat. 28.18 . and then concludes thus . to knit up all in a word , christ ( god and man ) after his resurrection , was crowned with glory and honour , even such as plainly shewed him to be god , there to rule and raign as soveraign lord and king , till he come in the clouds to judge both quick and dead ; after which , he proceeds in these words , * where by the name of jesus w● are not to understand the bare name of jesus , as though it had the vertue in it to drive away devils , or as though at the very sound of it all were to bow their knees , for at the name of saviour ( which is the same with jesus ) none boweth , and the name of christ , emanuell , of the son of god , of god , are names no lesse precious and glorious then is the name of jesus ; true it is , that bowing at the name of iesu● is a custome which hath been much used , but to bow and kneel at the very sound of the name , when we only hear the name of iesus sounding in our ears , but know not what the name meaneth , * savoureth of superstition . by bowing the knee , the apostle here meaneth , that subjection which all creatures ought continually to perform , and which all creatures shall perform to christ in that day ; some , wilingly and chearfully , as holy-m●n and angels : some , unwilling , and to their confusion , as the devils , and wicked men their instruments ; for so the lord by his prophet useth the same phrase of speech , where he saith , a every knee shall bow to me : that is , shall be subject to me , and worship me . here then is a duty prescribed , necessary to be performed of every christian , which i● , to glorifie him who is exalted into the height of glory , both in our bodie● and in our spir●t● , to worship him with holy worship , to subject our selve● to him in all obedience un●o hi● heavenly will , for b worthy is the lamb that was killed to receive all power , and wisdome , and strengt● , and honour , and praise , and glory ; the angels in heaven they glorifie the name of jesus , in ●hat they are alwayes ready to execute his wlll , and do wha●soever he commandeth them ; this also is that holy worship wherewith we ought to worship him , and to glorifie hi● name , even to be hearer● and doer● of hi● word , to obey hi● will , to walk in his laws , and to keep his commandements , not the bare and outward capping and kneeing at the name of iesus , but principally , obedience unto his will that is named , is the h●nour which here he accepteth of us ; for , a● not ev●ry one that sayeth lord , lord , s●all enter into his kingdom , so not every one that boweth at the name of iesus shall enter into his kingdom , but ●e that doth his will , and walketh in his w●yes : saul when he was sent to slay the amalekites , thought t● honour god greatly by sparing the best of the sheep and of the oxen , to sacrifice unto him ; but it wa● said unto him , c hath the lord as great pleasure in burnt-●fferings and sacrifices , as when his voyce is obeyed ? behold , 〈◊〉 obey i● better then sacrifice , and to hearke● is b●●ter then the fa● of rams : so you haply think , * you honour our blessed saviour greatly , when yo● bow your selves at every sound 〈◊〉 hi● name ; but behold , to ob●y his will is better then cap●ing and kneeing , and all ou●ward cerem●nies whatsoever : yet mistake me not i beseech you , as though i thought that the names of iesus , of christ , of the lord , of god , of the father , of the son , or of the holy ghost , were names of ordinary account or reckoning , or to be passed over withou● reverence , as other name● , nay when●oever we hear , or speak , or think of them , we are to rever●nce the majesty of god , signified thereby ; and fearfull it may be to them that think or speak of them prophanely or lightly , or upon each light or trifling occasion , or otherwise then with great reverence and fear , that the lord may not hold them guil●●esse : but this i say , t●at neither the sound of these syllables of * iesus , nor the name of iesus , should aff●ct us more then any other names of ch●ist , as though there lay some vertue in the bare word ; but whensoever we hear , or think , or speak of him , we are to r●verence his majesty , and in the reveren● fear of his name , to subject ●ur selves unto his will. this is a part of that duty whereby we must glorifie christ jesus . after this , in the 31. lecture he proceeds to prove , that by bowing of the knee in this text , is meant the subjection of all creatures unto christ , and that this text shall be actually & ●rincipally fulfilled before his tribunal only , in the generall day of iudgement ; so that by his expresse resolution it appears : first , that the name jesus is not the name above every name mentioned and intended in this text. secondly , that kneeing or capping at this name is not here enjoyned . thirdly , that no more capping or bowing is to be given to the name jesus , then to any other names of christ , or god. fourthly , that the bowing and capping at this name only , is superstitiou● , and attribute● some vertue to the letters and syllables of the name it s●l● . fifthly , that the bowing of every knee here mentioned , is and shall be principally per●ormed and fulfilled in the day of judgement . to these our learned orthodox bishops , and divines , i could adde mr. william charke , in his answer to a scandalous libell or censure , mr. perkins , in his discourse of witchcraft , c. 3. mr. thomas wilson , in his exposition on rom. 14 ▪ 11. p 601. who conclude this bowing at the name of jesus to be no duty or ceremony warranted by phil 2 ▪ 9 , 10 , 11. and censure the p●pists for adoring and abusing the name of jesus to supe●stition and idolatry : but i shall conclude with the words of iohannes brentius an eminent protestant divine , explicatio in epist. pauli ad philip. c. 2. v. 9 , 10. quod autem paulus ait , vt in nomine iesu omne se genu flectat , &c. non sic intelligendum est , quod necessarium sit ut prolato hoc nomine semper externa g●nua flec●ere debent , haec est enim puerilis ceremonia et propter pueros usurpanda aliquoties ; which i wish those reverend fathers of the church , who most presse and practise it , a● becomming their dignity and gravity , would seriously consider , lest they verifie the proverb , bis pueri senes . now because bp. andrews is the fi●st and principal divine of eminency in our english church , who hath expounded this text of the philippians against the stream of the fathers , and protestant writers of our own and other refo●med churches , and preached up bowing , cringing at every recital of the name jesus in the church , as an indispensible r●ligious duty , prescribed to all christians in this text , when as * mr. hooker and others repute it only , an arbitrary harml●sse ceremony , which no man is constrained to use , and wherein christian liberty ought to take place , therefore no duty of the text : and because his sermon on it is the principal authority which those who now most presse , practise this duty , or ceremony of bowing , rely upon , without due examination of his words and reasons ; to undeceive all his seduced proselytes , i shall in the next place soberly examine , discover the manifold oversights , errors , mistakes , in his so much admired sermon on this text and subject , being necessitated thereunto for my own just defence , by some of his fellow-bishops , who seem much displeased for my over-modest brief censure of them in my lame giles his haltings ; whom i hope to convince , or convert to my opinion , by the irresistable evidence of truth , and by such sacred and humane authorities , reasons , as they shall not be able to gain-say . if any shall deem me his or their enemy * because i tell and discover to them the truth ; i shall patiently undergo their undemerited indignations , and silently lament , that veritas odium parit , should now be experimentally verified in any fathers of the church , or ministers of the gospel , who are specially commanded , * to speak every man the truth to his neighbour , to execute the judgement of truth and peace in their gates ; to love the truth and peace , and not to imagine evil in their hearts against their neighbours , especially for discovering or defending truth , and refelling falshood , in matters which concern mens consciences and immortal souls , whose sati●faction and benefit alone i only intend , by these serious and sober inqui●ies . section ii. whether these passages in bishop andrews his sermon at whitehall , on easter day 1614 ▪ on phil. 2.9 , 10 , 11. concerning bowing at the name of jesus only , as a duty of this text , and his reasons to evince it , be orthodox or heterodox ? his words and passages in that sermon are these . a name he gave him ; what name ? not ( inter ) among the famous men on earth , but ( super omne nomen ) above them all ; there is super upon super , another super to his name , no less● then his person : that , above * all persons , and this , above all names whatsoever : this name is named in the vers● , and it is the name of iesus : but how is this name said to be above all names ? what , above the name of god ? we may say with the apostle , when he saith , god did give it him , it is manifest , he is accepted that did give it him : but we need not so say ; for , this is one of gods own names ; i am ( saith he ) and besides me there is no saviour ; how is it then given him ? accepit et ●omo quod quod habebat ut deus : what as god he had , as man he received , with his nature his name , and the chief of all his names , the name of a saviour , for above all it is , above all to him , above all to us , &c. to save , the highest law , and the name of a saviour the highest name , &c. for the knee , two things . first , he would have it bow . secondly , he would have it bow to his name ; to bow the knee , and to his name to bow it , this is another prerog●ative : he is exalted to whose person knees do bow , but he to whose * name only , much more : but the case is here otherwise , for his person is taken out of our sight , all we can do will not ‖ reach unto it ; but his name he hath left behind to us ▪ that we may shew by our reverence and respect to it , how much we esteem him , how true the psalm shall be , * holy and reverend is his name . but if we have much a doe to get it bow at all , much more shall we have to get it done to his name . 1. there be that do it not : what speak i of not doing it ? there be that not only forbear to do it themselves , but put themselves to an evil occupation , to find fault where none is , and cast scruples into mens minds , by no means to do it . not to do it at his name ? nay , at the holy misteries themselves not to do it , &c. but to keep us to the name ; this is sure , the words themselves are so plain , as they are able to convince any mans conscience . and there is no writer ( not of the * antient ) on this place , that i can find ( save he that turns all into alegories ) but literally understands it , and likes well enough we should actually perform it . yet will ye see what subtilties are taken up to shift this duty ? all knees are called for , and all have not knees : here are three ranks reckoned , and two of them have none . what is that to us ? we have , to us it is properly spoken , and we to look to it ; and if this were ought , that the spirits in heaven and hell have no bodies , and so no knees : why , they have no tongues neither properly , and then by the same rule take away confessing to , and so do neither . but the apostle , that in another place gives the angels tongues , ( * with the tongue of men and angels ) might as well in this place give them knees , they have one as much as the other ; and in both places , ‖ humanum dicit , he speaks to us after the manner of men , that we by our own language might conceive what they do ; for sure it is , the spirits of both kinds , as they do yield reverence , so they have their wayes and means to expresse it , by somewhat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the knee . they do it their way , we do it ours , and this is ours : let us look to our own then , and not bu●ie our brains about theirs ; but for us and our sakes , they are divers times expressed in the * revelation even doing thus , falling down before him . secondly , why to his name more then to the name of christ ? there want not reasons why : 1● christ is not , cannot be the name of god , god cannot be annointed ; but iesus is the name of god , and the chief name of god , ( as we have heard . ) 2. the name of christ is communicated by him to others , namely to princes ; so is not iesus , that is proper , * ego sum , & preter me non est alius ; and ever that which is proper , is above that which is holden in common . 3. christ is annointed , to what end ? to be our saviour ; that is the end then , and ever the end is above the means ; ever the name of health , above the name of any medicine . 4. but when we find expresly in the verse , this name is exalted above all names , and this act limited to it in direct words , and so this name above them in this very particular , why seek we any further ? thirdly , what ? to the two syllables ? or to the sound of them ? what needs this ? who speaks of sound or syllables ? the text saith , do it to the name ; the name is not the sound , but the sence : the caution is ea●ie then , do it to the sence , have mind on him that is named , and do his name the honour and spare not . fourthly , but it cannot be denyed , but there hath been superstition used in it . suppose there hath , and almost in what not ? in hearing of sermons now is there not superstition in a great many ? what shall we do then ? lay them down ? abandon hearing , as we do kneeling ? i trowe not ; but remove the superstition , and retain them still ; do but so here and all is at an end . indeed , if it were a taken-up worship , or some humane injunction , it might perchance be drawn within the case of the ‖ brazen serpent . but being thus directly set down by god himself , in us , there may be superstition ; in it , there can be none ; and if it be in us , we are to amend our selves , but not to stir the act which is of gods own prescribing . it was never heard in divinity , that superstition could ever abolish a duty of the t●xt . that we set our selves to drive away superstition , it is well , but it is well too that we so drive it away , as we drive not all reverent regard and decency away with it also ; and are we not well toward it ? we have driven it from our head , for we keep on of all hands ; and from our knees , for kneel we may not ; * we use not i am sure . sure , heed would be taken , that by taking heed we prove not superstitious , we slip not into the other extream before we be aware , which of the two extreams religion worse endureth , as more opposite unto it : for believe this , as it may be superstitio●sly used , so it may be irreligiously neglected also . look to the text then , and let no man perswade you , but that god requireth a reverent carriage even of the body it self , and namely , this service of the knee , and that to his sons name , ye shall not displease him by it , ●ear not ; fear this rather for the knee , if it will not bow , that it shall be stricken with somewhat that it shall not be able to bow : and for the name , that they that will do no honour to it , when time of need comes , shall receive no comfort by it . and so i leave this point . thus far this bishops words , whose great ●ame and estimation for learning , drew on many other bishops , deans , prebends , divines , scholars , and laymen to practise and promote this bowing to or at the name of iesus , ( formerly disused for the most part ) as a duty of the text , or a necessary worship , or decent cer●mony grounded thereon , without any due examination of his words , quotations or reasons , which if soberly discussed , rather overthrow than ratifie his conclusions . i shall therefore briefly survey them in the general , and then descend to discusse some particulars . first , be pleased to take notice of the mis-translation of his text , at the name , for in the name of iesus every knee should bow , against the original and all other english translations extant , but that of geneva ; which corrupts both the english , sense , and meaning of the text ; & renders it as incongruous english and nonsence ; as to translate these scriptures , a where two or three are gathered together in my name ; receive one such child in my name ; whatsoever ye shall ask in my name ; many shall come in my name ; believe in my name , &c. into , where two or three are gathered together at my ●ame ; receive one such at my name ; whatsoever ye shall ask at my name ; many shall ask at my name ; believe , hope , trust at my name ; o● , b sound in the faith , into ●ound at the faith , which is neither good english , sense , nor scripture . 2ly . observe how he no lesse then ten times , or more changeth at his name , into ad nomen , to the name of iesus . he would have u● bow to the name ; to his name to bow , &c. are ten times repeated . which , as it idolizeth the name iesus it self , by giving divine honor and worship to i● , as a duty of this text ; so it justifies and makes much for the iesuites and romanists bowing to and adoring his name iesus wherever they behold it written , c carved , painted , as well as hear it pronounced . yea in some measure it subverts his pretended new duty of his text by this nonsequitur : every knee should bow to the name of jesu● ; ergo , all christians must bow their knees to this name iesus , when ever it is pronounced in the church , and they hear the sound thereof in reading of a chapter , epistle , gospel , collect , prayer , sermon , homily , or administration of the sacrament . 3ly . consider his main scripture cited to prove this bowing at and to this name iesus , to thi● name only , not his name god , lord , christ , or any other name , is psalm 111.9 . holy and reverend is his name . but is this name iesus , the holy and reverend name , intended in that text ? nothing lesse . for first , this psalm was compiled many hundred years before our saviours incarnation , or his name iesus given unto him by the angel , or imposed on him by his direction at his circumcision , mat. 1.21 , 25. lu. 1.31 . c. 2.21 . what name was it then , which is so holy and reverend ? the very psalm it self resolves in direct terms , it was no other but lord , four times repeated in it , v. 1 , 2 , 10. praise the lord , i will praise the lord with my whole heart ; &c. the works of the lord are great , &c. the fear of the lord is the beginning of wisedom ; there being no other name else used in the whole psalm , nor in the psalm next before and after it , viz. 110. & 112. that this title lord is this holy and reverend name , is further evident by the 1 chron 16.7 , to 12. & ps. 105 1 , 2 , 3 , &c. in that day david delivered this psalm to thank the lo●d . o give thanks unto the lord , call upon his name , glory ye in his holy name , let the heart of them r●joyce that seek the lord , seek the lord & his strength seek his face evermore , &c. ps. 103.1 , 2. bl●sse the lord o my soul , and all that is within me blesse his holy name . blesse the lord o my soul , &c. ( here is his holy name above every name ; his exaltation and dominion over all creatu●es thus follows ) v. 19.20 , 21 : the lord hath prepared his throne in heaven , and his kingdom ruleth over all . bless the lord ye his angells that excell in strength , that do his commandement , hearkning to the voyce of his word . ( here are things in heaven bowing their knees to him ) bless the lord all ye his hosts , ye ministers of his that do his pleasure . blesse the lord all his works in all places of his dominion ( in heaven , earth , and under the earth ) agreeing with phil. 2.9 , 10 , 11. and resolving lord to be his holy name above all names , since every tongue should confess that iesus christ is lord , in or to the glory of god the father . adde to this psalm 142.21 . my mouth shall speak the prayse of the lord , and let all flesh blesse his holy name for ever and ever , lu. 1.46.49 my soul doth magnifie the lord , &c. for he ●hat is mighty hath magnified me , and holy is his name . therefore this name lord , not iesus , is the name that is holy and reverend mentioned in psalm 111. and the name above every name in which every knee should bow , intended in the phi●ippians , notwithstanding this bishops and other doctors fancies to the contrary ; and the bowing of every kneee , a ‖ bowing of subjection of all creatures to his soveraignty , especially in the day of judgement , as i have * already evidenced at large . which i shall further demonstrate by these ensuing scriptures , rev. 1.5 , 6 , 8 , 18. jesus christ , the first begoten of the dead , the prince of the kings of the earth , &c. to him be glory and dominion for ever and ever , amen . i am alpha and omega , the beginning and ending saith the lord , which is , and which was , and which is to come , the almightie . i am he that liveth and was dead , and behold i am alive for evermore amen ; and have the keyes of hell and death , rev. 3.21 . to him that overcommeth will i grant to sit with me in my throne , even as i also overcame , and am set down in my fathers throne ; rev. 6.10 and they cryed with a loud voyce , how long o lord holy and true , dost thou not judge and avenge our blood , &c. and the kings of the earth , and the great men , and the rich men , and the chief capt●ins , and the mighty men , and every bond-man and free-man hid themselves in the denns , &c. and said to the mountains fall on us , and hide us from the face of him that sitteth on the throne , and from the wrath of the lamb. r●v . 11.15 , 16 , 17. and there were great voyces i● heaven , saying , the kingdoms of the world are become the kingdoms of the lord , and of his christ , and he shall reign for ever and ever . and the 24. elders which sate before god o● their seats fell down on their faces , and worshiped god , saying , we give the thanks lord god almightie , which art , and wast , and art to come , because thou hast taken unto thee thy great power , a●d hast reigned . and the nations were angry , and thy wrath is come , and the time of the dead that they should be judged , and that thou shouldest give reward unto thy servants and prophets , and to the saints , and them that fear thy name , small and great , and shouldest destroy them that destroy the earth , rev. 15.3 , 4. and they sung the song of moses , and of the lamb , saying , great and marvellous are thy works , lord god almighy , ju●t and true are thy wayes thou king of saints , &c. who shall not fear thee o ●ord and glorifie thy name , for thou onely art holy , for all nations shall come and worship before thee , for thy judgments are made manifest , rev. 16.7 , 8 , 9. and i heard the angel say , thou art righteous , o lord , which art , and wast , and art to come , &c. and i heard another under the altar say , even so , lord god almighty , true and righteous are thy judgements , rev. 18.8 , &c. shee shall be burnt with fire , for strong is the lord god that judgeth her . rev. 19.1 , 2 , 4 , &c. after those things , i heard a great voyce of more people in heaven , saying allelujah , salvation , ●nd glory , and honour , and power ●nto the lord our god ; for true and righteous are thy judgements , for he hath judged the great whore and the 24. elders , and the 4. beast● fell down and worshipped god that sat● on the throne , saying , allelujah , &c. and i heard as it were the voyce of a great multitude , and as the voice of many waters and mighty thundrings , saying , allelujah ; for the lord god omnipotent reigneth : let us be glad , and rejoyce , and give honour to him , &c. and out of his mouth goeth a sharp sword , that with it he should smite the nations , and he shall rule them with a rod of iron , ●nd he treadeth the winepresse of the wrath of god ; and he hath on his vesture , and on his thigh a name written , king of kings , and lord of lords , &c. and i saw the dead , small and great , stand before god , and the books we●e opened , &c. and they were judged every man according to their works . and then it will be mo●t clear , that the names of god , lord , lord of lords &c. not the name jesus , ( not once mentioned in all these texts ) is the name above every name ; and the bowing , subjection of all angels , men , spirits , great and small , good and bad before the throne or judgement seat of jesus christ , and his judging of them , the bowing of every knee ; and their confessions of him to be lord , and god , in the glory of god the father : the very same intended in phil. 2.9 , 10 , 11. isay 45.23 . and rom. 14 4ly take notice of these his hyperbolical expressions , which may prove very dangerous if not warily unde●stood , and quali●ied with some grains of charity and candor . here is super up●n super : another super to his name , no l●sse then his pe●son . that above all persons ( not excepti●g the persons of god the father , and god the holy ghost ) and this a●ove all names whatsoever : not excepting the names of god , god the father 〈◊〉 holy spirit , ( no more then the other great and glo●ious names of christ , son of god , lord , &c. ) whose persons and names too are co-aequal with the person and name of i●sus ; therefore to be equally adored , bowed to and honoured by all o●thodox christians : whereas these his expressions , seconded with constant bowing● only at and to the name , person of jesus , not of god the f●ther , or god the holy ghost , imply , yea make an inaequality in the very trinity it self , and advance the pe●son , name of jesus the sonne , above the person , n●me of god the father ; and person , name of god the holy spirit ; whose deity the * eunomians , macedonians , samosetanus , photinus , and their followers d●nyed of old ( and biddolph with others amongst us of late ) as well as the arrians denyed the deity of jesus christ. 5ly . his words , that god requires this service of the knee , and that to his sonnes name ( jesus ) ye shall not displease him by it , fe●r not , &c. they that will do no honour ( he me●●s by this bowing at or to it , every time it is recited ) when time of need comes shall have no comfort by it : have mind on him that is named , and do his name the hono●r , and spare not , are such dangerous , bold assertion● , as never fell from any protestant divines mouth or pen before his ; and that in a royal court-auditory ; and cannot be justified by any of his admi●ers ; nor excused ( as learned bishop morton confessed to me when he had well considered them , and archbishop abbot too ) from the censure of name-worship , will-worship ; nor distinguished from the papists worshipping of his name , cross , body in the eucharist , if compared with his former passages . 6ly . observe this other collateral passage of his , not to do it at his name ? nay , at the holy mysteries thems●lves not to do it. which may have a harsh construction agreeable to the doctrin and practise of the chu●ch of rome : even to bow at , kneel to , adore the very body of christ in the consecrated host , and elements themselves ( as the papists do ) which he hath left behind him in his chu●ch ( as the bishop writes he hath 〈◊〉 his name ) when he ascended into heaven , to shew forth his death till he come ; this seems to be his meaning by his precedent words , his name he hath left behind to us , that we may shew by our reverence and respect to it , how much we esteem him . but to take them in the favourablest sense , they import , that kneeling at or to the consecrated elements of christs body and bloud , in the act of receiving them in the lords supper , is a duty prescribed by , or necessarily inferred from this text of phil● 2.9 , 10. as well as bowing at and to the name of jesus , which some great * rabbies have thence concluded , with more confidence then judgement . for as there is not one syllable in the whole text , chapter or epistle relating to , or intended of the lords supper ; and so not of kneeling , bowing at or to the sacred mysteries in it ; so doubtlesse things in heaven , and thing● under the earth , did never yet receive or eat the holy sacrament ; much lesse adore or kneel thereat or thereto : neither can this text in any probability enjoyn the posture of kneeling at the lords supper , upon these considerations following : 1. it is most apparent , that jesus christ himself instituted his last supper and admini●tred the consecrated bread and wine to all his disciples as they sate at the * table , immediately after the pascal supper ended in a sitting , not knéeling posture ; as all the evangelist●●hus joyntly attest , mat. 26.20 . &c. mar. 14.18 ; &c. luke 14 ▪ 22. &c. iohn 13.12 . &c. when the ●ven was c●m● h● sate down with the twelve , as matthew records it he sate down and the twelve ap●stles with him . so luke● and as they sate and did eat , afterward iesus took ●read , &c ( so mark , ) and said , take , ●at , this i● my body , &c. compar●d with luke 22.27 . whether is gr●ater , he that si●teth at meat , or he that serveth ? is not ●e that sitteth at m●at ? but i am among you as he that serveth ( spoken by christ to the apostles at and while they sate receiving the * lords supper , or applyed by this evangelist to that season ) and with luke 24.30 . ( wh●ch some protestants and most papists apply to this sacrament , after christs resurrecti●n ) and it came to passe as he sate at meat with them ; he took bread , and blessed it , and brake and gave to t●em . therefore christ instituted , and the apost●es received the sacrament sitting , without all dispute . 2ly . it was the constant usage and custome of the jewish nation , yea the practise of christ & his apostles to sit at all their civil and sacred fe●sts , suppers , sacrifices , r●pasts , as is most evident by all these ensuing texts , most express in point , gen. 27.19 . c 37.25 . c 43.33 . exod. 16 3. ●ev . 32.6 judg. 19.6 . 1 sam. 9.22 . c. 16.11 . c. 19●5 , 24 , 25 34. c. 20 24 ruth 2.14 . 1 kings 10.4 , 5. c. 13.19 , 20. c. 15.35 2 chron. 9.4 . ps. 26 . 4● 5. prov. 23. 1 cant. 1.12 . ezech 44.3 mich. 4.4 . neh. 8● 7. esther 3.15 . c. 7.7 . &c. mat. 14.19 , 20. c. 15 35. c. 26.6 , 7. lu. 14.7 , 8 , 9 , 10. c. 17.7 , 8. c. 7.36 , 37 c. 9.14 . marke 2.15 , 16. c. 13.3 , 4. c. 6.39 . &c. john 6.10 , 11 , &c. c. 12.1 , 2. act● 10.41 . mar. 8.6 . c. 6. 21 , 22 , 26. 1 cor. 8.10 . c. 10.9 . lu. 22.14 , 27 , 30. therefore no doubt they all ●sed this ge●tur● of si●ting , not kneeling at the eating and drinking the sacred mysteries of the lords supper , as well as of the passeover , a type only of the lords supper ; whic● the jewes alw●ies received sitting , after t●eir deliverance ●rom the ae●yptian bondage ( though mo●t conjecture they did eat it st●nding in aegypt when fir●● in●tituted , though the text doth not express it ) as is proved at large by learned francis tremelius on mat. c. 26.20 . gulielm . stucki●● antiqu. conv. l. 2. c. 34. and others , against the error of chrysostom , ●heophilact , and * others who thought the jewes , and our saviour chri●t with his disciples did eat it standing , not sitting . 4ly . the jews and people of god , yea heathens too , in their solemn publick and private fasts , prayers , sacrifices , devotions usually sate ( not kneeled ) down before the lord and his prophets , witnesse judg. 20.26 . 1 sam. 1.9 2 sam. 7.18 . 1 chron. 17.16 . ezra . 9.4 . neh. 1.4 . ps. 137.1 . gen. 31.10 1. kings 19.4 . isay 52.2 . c. 3.26 . c. 47.1 , 5 , 8. job 2.8 , 12. num. 2.10 . ezech. 14.12 . c. 20.12 . c. 26.16 c. 33.31 . mich. 7.8 . zech. 4.8 . lu. 1.79 . lu. 10.13 . c. 8.35 . mat. 27.61 . deut. 33 . 3● 1 cor 14 30. jam. 2.3 . yea we read that christ usually sate when he instructed the people ; mat. 13.1 , 2● &c. 26.55 . he said , i sate daily with you teaching in the temple : yea he sits now at his fathers own right hand in heauen , making intercession for u● . col 3.1 . ps. 110.1 . rom. 8.34 . hebr. 1.3 c. 10.12 . therefore it is more than probable ( from this consideration ) that christ and his apostle sate nor kneeled at the lords supper , this gesture of sitting being a gesture of humility ( as st. * augustine defines ) as well as kneeling , and more frequently used in daies , duties of fasting and humiliation , than any other posture , a● the premised scriptures evidence , or than falling down upon the knees to pray on such daies as these , of which we find one onely president in scripture , ezra 9.5 . and that after long sitting down astonied , v. 3 , 4. which sufficiently refutes the error of those , who repute kneeling the fittest , humblest gesture both in prayer , and receiving the sacraments , though they use it not in the act of baptizing . 4ly . that chrysostom , theophilact , calvin , camerarius , beza , and others on mat. 26.20 . mar. 14.18 , &c ▪ lu : 22.14 . are of opinion , that christ and his apostles did eat the pascal supper standing ; which being ended , deinde recumbentes , & recumbentibus tradidit suum sacramentum : primum enim perfecit significatum , deinde verum perfecit : & recubuisse proprium pascha traditurus . peracto selenni pascharitu , ut caenaret r●cubuisse interpretor : learned gulielmus stuckius , antiqu. convivinalium , l. 2. c. 24. de more sedendi ad mensam , de sedibus atque sellis , proves at large , that it was the general custom of the iews , as likewise of the grecians , romans , and most other nations in their civil and sacred feasts , to sup and eat sitting ; and that christ and his disciples did institute and eat the lords supper sitting , which buxdorfius , and antonius walaeus commentarie on mat. 26.20 . prove at large , to whom i refer the readers for fuller satisfaction . 5ly . this truth of our saviours and his apostles sitting at the lords supper , that christ administred and his disciples received the lords supper sitting , is so apparent , that the papists themselves ( who , as most affirm ) introduced kneeling at the lords supper to adore the consecrated elements , and that the priests might with more ease put the bread into the receivers mouths , which themselves must not touch nor handle ) in most of their mass-books , a m●ssals , b●eviaries , howers , and other books of devotion , picture our saviour in their masses and festivall , de caena domini , sitting with his 12. disciples round about a table administring the lords supper to them sitting , not kneeling . and they have also compiled sundry hymns , and anthems , expressing this their posture of sitting at the lords supper , viz rex sedet in caena turba cinctus duodena se tenet in manibus , se cibat ipse cibus , &c and b in supremae nocte caenae recumbens cum fratribus cibus turbae duodenae se dat suis manibus . and some of their c schoolmen debate at large , whether his body there present under the elements after consecration ( as they hold ) be not now sitting , not lying on the altar ; because he first instituted it sitting ? as they unanimously grant ; and is now sitting at gods right hand in heaven . 6ly . all foreign d protestant divines and commentators i have seen on the evangelists , joyntly grant and assert , that chist instituted , and his apostles received the lords supper sitting ; and our own martyrs , writers , both used and writ for the use , continuance , and revival of this gesture of sitting , as * mr. william tyndal , e thomas beacon , in their workes , printed cum privilegio long before mr. cartwright and others raised this cont●ove●sie ; and mr. hooker , bp. morton dr. iohn burges , with others who have writ in defence of kneeling at the sacrament , acknowledge it for a truth . whence f dr. boyes a dean of canterbury in his pestil on st. stephens day , thus argues for the change of this posture used by christ & his apostles . concerni●g kneeling at the lords supper , if the church have power and authority ●o change the time , commanding us to receive the communion in the morning , whereas chirsts was in the g night ; to change the place , whereas christ ordained it in a h private house , we communicate in a temple . to change the number and quality of the persons delivering the sacrament unto more than twelve , and to women as well as men ; i see no reason but it hath authority to change the gesture . the time was altered , because for this sacrifice the morning is the most fit time ; the place was altered , because the church was the most fit place . the gesture was altered also ( being a matter not of the sacraments essence , but of outward order only , ) because kneeling is the most fit gesture , for protestants especially , who deny the gross real presence , and hold the lords supper an eucharist or thanksgiving unto god , for the redemption of the world by the death of his son ; giving of thanks is a part of prayer , and in prayer no gesture so fit as kneeling . so that by this doctors confession , christ , his apostles , and the primitive christians used the gesture of sitting , not kneeling at the holy mysteries ; till the church by her own authority , in after ages , changed it into kneeling . i wonder therefore much at mr. thomas paybody hi● bold assertion in his iust apology for the gesture of kneeling in the act of receiving the lords supper , london 1629. part 2. p. 49. i do avow , that it is impossible to demonstrate , so , as the consci●nce may infallibly build thereupon , that either christ or his apostles sate in the eucharistical supper : and at a great doctors assertion , that they kneeled at it , and received only the paschal supper sitting ; when all the premised scriptures , authors , and sundry more resolve the contrary . what church it was that changed this gesture , and when , how , or for what cause she did it , dr. boyes defines not . * but learned thomas beacon , prebend of canterbury , long before he was dean , in his catechism printed cum privilegio with his works , london 1563. ( dedicated ●o all the archbps. & bp● . of england , and applauded with some of their panygerick verses in commendation of his piety and learning ) gives us this account thereof , & of these gestures of kneeling & sitting . albeit i know & confess that gestures themselves be indifferent , yet i could wish all such gestu●es to be avoided , as have outwardly any appearance of evil , according to this saying of st. * paul , abstain from all evil appearance . and forasmuch as kneeling hath been long used in the church of christ at the receiving of the sacrament , thorow the doctrin of the papists , although of it self it be indifferent , yet i could wish it were taken away by authority of the higher powers . why so ? for it hath an appearance of evil . when the papists had made of the sacramental bread and wine a god , and had taught and commanded the people to worship it as god , than gave they commandement streightwaies , that all the people should with all reverence kn●el unto it , worship and heno●r it . and by this means the gesture of kneeling crept in , and is yet used in the church of the papists , to declare , that they worship the sacrament as their lord god and sauiour . but i would wish with all my heart that either their kneeling at the sacrament were taken away , or else that the people were taught , that that outward reverence was not given to the sacrament or outward sign , but to christ which is represented by the sacrament . but the most certain and sure way is , utterly to cease from kneeling , that there may outwardly appear no appearance of evil , according to the commandement of st. paul : lest the enemies by the continuance of kneeling should be confirmed in their error , and the weaklings offended and plucked back from the truth of the gospel ; kneeling with the knowledge of godly honour is due unto none but god alone . therefore when sathan l commanded our saviour christ to kneel down before him and worship him ; he answered , it is written thou shalt worship the lord thy god. as concerning sitting at the lords table , which is also used in certain reformed churches , if it were received by publick authority and common consent ▪ and might conveniently be used in our churches , i could allow that gesture best . for as it is not to be doubted but that christ and his disciples sate at the table , where christ delivered unto them the sacrament of his body and blood which use was also observed in the primitive church a long time after ; so likewise is it most comely , that we christians follow the example of our master christ and of his disciples : nothing can be unreverently done that is done after the example of christ and of his apostles : we come together to eat and drink the holy mysteries of the body and blood of christ , we have a table set before us , is it not meet and convenient that we sit at our table ? the table being prepared who standeth or kneeleth at his meat ? yea rather who sitteth not down ? when c●rist fed the people , he bade them not knee● nor stand upon their feet , but he commanded them to * sit down : which kind of gesture is most meet when we assemble to eat and drink , which thing we do at the lords table : neither doth the ●itting of the communicants at the lords table want her glory ; for as the standing of the iews at the eating of the lords passover , signified , that there was yet to come another doctrine then the law of moses , even the preaching of the glorious gospel of our lord and saviour christ iesus ; and other sacraments than circumcision and the passover , even the sacraments of baptism and the lords s●pper ; so in like manner the sitting of the christian communicants at the lords table , doth signifie , preach and declare unto us , that we are come to our journies end concerning religion , and that there is none other doctrine , nor none other sacraments to be looked for then these only , which we have received of christ the lord. and therefore we , sitting down at the lords table , shew by that gesture , that we are come to the perfection of our religion , and look for none other doctrine to be given unto us . thus this antient lea●ned prebend . mr. roger cutchud some years before him , in his first and second sermons of the sacrament , anno 1552. printed cum privilegio 1560. determine● the like in these words , many comming to the lords table do mis-behave themselves , and so do the lookers on , in that they worship the sacrament with kneeling and bowing their bodies , and knocking their breasts , and with elevating of their hands : if it were to be elevated and shewed to the standers by , as it hath been used , christ would have elevated it above his head ; he delivered it into the hands of his disciples , bidding them to eat it , and not to hold up their hands ; to receive it , and not to worship it : and so delivered it to them sitting , and not kneeling . only god is to be so honoured with this kind of ●everence , and no sacrament ; for god is not a sacrament , neither is the sacrament god : let us use it as christ and his apostles did ; if thou wilt be more devout then they w●r●● be not deceiv●d , but beware that thy devotion be not idolatry . so he . as for dr. ●oyes ( with bishop andrews , * and others ) reason for the churches changing christs , his apostles , and the primitive churches sitting at the lords supper , into kneeling ; because there is giving of th●nks in the lords supper , ( which is there●ore stiled the eucharist , ) which is a part of prayer ; and in prayer no g●stur● so fit as kneeling ; this is very weak and unsatisfactory to many judicious christian● . 1 because by this reason all christians and kneelers at the lords supper , ought not to sit , but kneel at their own tables too , when they eat and drink , because they do , or ought * to pray ▪ and give thanks to god , before and after meat , and blesse their meat , as our saviour did the sacramental bread and wine , in imitation of the custom of the iews consecrating and blessing their meat and drink at their feasts , and tables in their private houses , as * guliel . stuckiu● , with others cited by him , & ‖ walaeus , ainsworth , buxdorfius ▪ prove most amply . but christ , though be gave thanks and blessed the bread and wine at his last supper , did not kneel , but sate with his apostles at the table , both when he blessed and distributed the elements , as the premises evidence : yea when he solemnly bless●d and distributed the loaves and fishes to the people , and th● bread he did eat with his twelve disciples , he made them sit down ( not kneel ) both before and whiles he blessed them , and gave thanks , and did eat sitting , mat. 14 19. mark 6.39.40 , 41. chap. 8.6 iohn 6.10 , 11. luke 24.30 . and all christians still do the like at their own tables : this therefore can be no sufficient reason to change sitting into kneeling . 2ly . if thanksgiving be a part of prayer , and therefore to be performed kneeling , as the fittest posture , not sitting , or standing , pray why do these e kneelers teach us , that we ought to stand up at gloria patri , and rise up from our knees and seats to repeat it ? and some popish canons enjoyn all to stand up while it is repeated ? is it not a thanksgiving , a blessing , and so a part of prayer , as well as the eucharist ? they must therefore kneel at that for the future , or else disclaim this reason , and their standing up at it . 3ly . the priests and others used to stand up to give praise and thanks to god , 2 chron 20.19 . 1 kings 8.14 , 15. yea the israelites more usually stood , then kneeled , when they prayed to god in publick or private , as is evident by 1 kings 8.14 2 chron. 20.5 . chap. 9.13 . gen. 19 ▪ 27. levit. 9.5 . deut. 10 8. chap. 29 ▪ 10. 2 chron. 29.11 . ezech. 44.11 , 15. ier. 15.1 . chap. 18 20. and not only the pharisee , but humble publican in the gospel , stood not kneeled when he prayed with a dijected face and spirit , lord be mercifull to me a sinner , luke 18.11 , 13. yea christs disciples likewise stood when they prayed , and used the lords prayer , and that by christs approbation , if not expresse precept , mark 11.25 . when ye * stand praying , forgive , &c. which relates to mat. 6.14 . immediately following the ●ords prayer , which we never read the apostles used kneeling , but standing only , and that by christs approbation and command : how then can kneeling be the fittest gesture in prayer , and for the lords prayer especially , which most bishops and ministers kneel down to say at the end of their own prayers before their sermons , which they make standing , not kneeling ? why stand or kneel they not a like at both , and contradict the apostles practise as well in kneeling at the lords prayer , as at the lords supper , when as they stood at the one , and s●te at the other ? is not this to bid a non-obstante to christ and his apostles ? to controul and censure their practise , gesture , instead of imitating them ? to * lord it over gods people and inheritance , and deprive them of that christian liberty which christ himself hath purchased for them ? 4ly . there is not one precept nor president in the bible for kneeling at the lords supper , but many direct texts and presidents that christ and his apostles received it sitting , whose examples we ought to imitate , rather then any doctors phantasmes . no precept in the old testament or new , and very few presidents in either for kneeling in prayer , especially in publick prayer : there are many presidents for sitting and standing both in publick and private prayers , ●ast● , humiliations , in the texts forecited , and the * primitive church , christians for above 800. years after christ , on all lords dayes throughout the year , and from easter till whitsontide , constantly prayed standing , not kneeling , in honour and memory of christs resurrection , without bowing at his name iesus , or kneeling at the lords supper , for ought appears by any council , father , or ecclesiastical history ; the places of a st ambrose , and b aug●stine , produced by the papists for adoration of the hostia , and by others for kneeling at the c sacrament ( grounded upon a mis-translation and mistake of psal. 99.5 . adore and worship his foot-stool , instead of at his foot-stool , interpreted his holy hill , vers . 9. not the flesh of christ ) prove neither the sacraments adoration , ( not there mentioned ) nor kneeling in the act of receiving , much lesse the monkish story of the macedonian woman , recorded by d nicephorus , e sozomen ▪ and the f century writers , ( much urged of late ) who after she had received the consecrated bread into her hand , ( according to the custom then used ) from st. chrysostome , conveyed it away , and put other unconsecrated bread into her mouth , brought to her secretly by her servant , from her house , for which end , p●rinde quasi orationi vacatura se inclinata summisit ( ●o nicephorus ) mysterium sacrosanctum occuluit : or , cum pan●m accepisset & jam priusquam sumeret , quasi oratura in terram inclinaret , aliud quoddam domo ablatum , famula , quam ad eam rem instruxerat , subministrante , cum ori admovisset , ecce inter mandendum in lapidem induruit , as sozomen records it . all historians agreeing , that she received the consecrated bread not kneeling ( as g some great doctors mistake ) but sitting or standing ; she kneeling and bowing down as if she were about to pray , after she had received it in her hand in another posture , to convey it away secretly to her servant only , not to eat it . finally , there is not one canon to be found made by any general , national , provincial , council , or synod from christs institution of the lords supper , till above 1460. years after his ascention : not any one rubrick in all the liturgies , writings of the fathers , or missals , breviaries , offices , pontificals , ceremonials of the church of rome it self , that i could either find , upon my best search , or any other yet produce , enjoyning communicants to kneel in the act of receiving . this truth is acknowledged , and thus proved at large by our learned dr. iohn burges , the best , eminentest champion , for this gesture of kneeling of all others . this gesture of kneeling was never any constituted ceremony of the church of rome , nor is it at this day . bellarm. l. 2. de missa , c. 14 , 15. sets down all the ceremonies of the mass , and a never mentions kneeling in the act of receiving , as one of them ; no nor yet the mass-book , which shews when the priest or people must bow or kneel for adoration of the crucifix , altar or sacrament . b durantus , writing of the roman ceremonies , not only names not this gesture for one in the act of receiving , but , on the contrary affirms , that it ought to be taken standing , and proves it also . and so doth the c pope himself receive or partake it ; and when he celebrates the office he receiveth sitfing , as being a type of christ ; and d every priest by order of the mass-book , reverenter stans standing reverently at the altar , and not kneeling there . the bowing or kneeling of the priest at the mass , are to the crucifix set on the altar , to the altar , or at the time of consecration , that is , immediately after it . e the people which ●eceive not , a● well as those that do receive , are reverenter inclinari se , reverently to bow themselves to the sacrament , not when they receive i● , but when the priest doth elevate the paten , or chalice for adora●ion , or when the host is carried to any sick ●●rson , or in procession . and this is that adoration which was first brought in by f pope honorius the third , and not any kneeling or ado●ation in the act of receiving . t●ue it is that the receivers of the host from ●he hand of the priest do kneel , not ●or adora●ion , but of an antient custom , ( since tran●ubstantiation ) not by order or institution . onely in some places and occasi●ns they do it , but then not for adoration , but either for reverence of the g pope ( as when he administreth to the sub-deacon , as they do also take hallowed candle● at his hand kneeling , h genu flexo on candlemas day ) or else they do it to that end , that the priest may put it more easily into the mouth without danger of spilling , or shedding any of it . hence in the i miss●l of the order of predicants allowed by the chapter of salamenca 1551. and by the pope , p●inted at venice , anno 1562. two of the f●ee●s ar● to kneel on each side of the * priest , holding a clean napkin betwixt him and the receiv●r , and putting it under the communicants chin , for fear of shedding . the communicant hims●l● is forbidden to prostrate ( id est , to bow his body ) himself ( which in the act of adoration , all but the priest which celebrates ar● th●rein command●d to do ) or to kiss● the ground , or priests f●et . but k kneeling upon one of the greeces he m●st hold all his body upright , and opening his mouth neither too much nor too little , without turning his eyes or countenance undecently aside , in comely order and r●verence he is to rec●ive the sacrament . this kneeling of the communicant is not for adoration of the s●cram●nt , no more than the kneeling of those which stand side-wayes to hold the napkin . yea prostration , or bowing the trunk of the body , is there forbidden them when they receive , which is in the same chapter commanded for adoration to those that do not then communicate , but look on , ut stent super formas prostrati , and all before the sacrificer himself , prosternant se adorantes . so that this kneeling in the receiving , was only for the conveniency of putting the host into the mouth of the receiver , and not for adoration of the eucharist . and yet this is not any established ceremony of the church of rome at this day . this may further appear not to be for adoration , because the priest himself receives in both kinds standing . nay it is against their rule that a man should adore any thing lower than himself ; the reason with them is , that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to worship or fall down , requireth position of the whole body lower than that which is worshipped . l mr. thomas morrison reports of one in savoy who escaped difficultly for looking downward at the host , passing by his window in procession ▪ it is therefore without question true , that kneeling in the act of receiving , was never any instituted ceremony of the church of rome , nor never used when it was used with them for adoration of the sacrament , as is falsly believed and talked of by many . thus this learned doctor , positively ( and i conceive most truly ) concludes in a book d●dicated by him to king charles the first , an. 1631. and he asserts the like almost in the same words , in his t●eatise o● the lawfullness of kneeling in the act of receiving , p●inted london 1631. dedicated to the lord keeper cov●ntry , ch . 21. p. 66 , 67 , 68. & ch . 32. p. 110 , 111 , where he confesseth , likewise , that kneel●ng before and to the host to have come in by antichrist , when midnight was upon the face of the world , and antichrist in his hight . yet concludes , kneeling in the ●ct of receiving was not ever yet strengthened with any papal decree ; but hath been since made a footbanke unto that antichristian monst●r of transubstantiation , only by misinterpretation of it , by such as sought out all means , and laid hold on any colorable thing , that might suckle the monster of their brain , when it was once born . so this doctor . this kneeling then in the act of receiving is acknowledged by all its learnedest advocates , to be introduced only by custom , vsage , after transubstantiation , and adoration of the host , ( prescribed first by pope honorius about the year of christ , 1226. promoted by the feast of corpus christi instituted by pope vrban ; and confirmed for ever by multitudes of pardons in the council of vienna by pope clement the 5. in the year 1310 as our learned i bp. iewel , and others affi●m ) without any canon imposing it on the people . the first rubrick that ever i met with ( except that of the missal for the friers predicants , forecited ) is that in the common prayer-book , set forth and confirmed by king edward the sixth , in the year 1552. used , continued in all books of common p●ayer ever since . then shall the minister first receive the communion in both kinds himself , and next deliver it to other ministers , if any be there present , that they may help the chief minister ; and after to the peo●le in their hands , kneeling : which rubrick , as the words and manner of penning declare , is rather a direction , than injunction to the people to receive kneeling ; for it commands not in precise words , that the people shall all receive the communion kneeling , or only kneeling , in the affirmative , not sitting or standing in the negative ; much lesse doth it threaten or inflict any penalty at all on the minister if he give , or on the people if they receive it otherwise ; nor enable the minister to refuse the lords supper to such who scruple to take it kneeling ; for he is peremptorily enjoyned by the statute of 1 e. 6. c. 1. not without a lawfull cause ( to wit , for the scandalous crimes conteined in the rubrick or exhortation before the communion , and in case of malice , or hatred , ) to deny the sacrament to any who shall devoutly and humbly desire it , any law , custome or ordinance to the contrary notwithstanding : onely it directs the minister , to deliver it to the people in their hands kneeling ; and withall makes an apology in another rubrick in both king edwards books , to clear the use of kneeling from any superstition or intention of adoration of christs body in the elements , or any justification of transubstantiation , to which ends the church of rome had abused it . all which being duly pondered , and that the first reformers of our religion under king henry the eighth , in their treatise concerning the lords supper , compiled in the year of our lord 1533. ( printed at the end of mr. william tyndal , our famous learned martyr his workes , p. 476 , 477. ) desired , that christian princes would command and establish a forme of administring the lords supper by them described , wherein all the congregation are ordered , to sit round about the lords table , as christ , his apostles , and the primitive christians did . and then compared with these ensuing confessions of doctor iohn burges in his learned treatises purposely written in his defence of the lawfullnesse of kneeling in the act of receiving , dedicated to our late king charles and the lord keeper coventry : namely , * that the church of england , holdeth sitting or standing to be as lawfull and holy as kneeling , putting no necessity or worship of god in any of these arbitrary ceremonies . * that there is not to be found any decree for the gesture of kneeling in the act of receiving , no not in the roman church , before or after th●●eal presence , nor yet in the greek churches . that ‖ beza and other churches , which live pell-mell with the popish , where idolatry is openly in the streets committed , in bowing to a piece of bread , as i● it were nothing else but christ himself , shifted into a new suit of apparell , had reason enough to forbear this gesture in their churches , and to disswade it as a thing which had been and therefore might be dangerous . and there●ore beza doth no where condemn the use of it , as in it self unlawfull , but only defendeth the churches , which in respect of the perill that might ensue , or out of a desire to root out the bread-worship out of the minds of men , do decline the use of this ceremony . and this was the judgement of all those divines , who in the name of the french and dutch churches , made certain observations upon the * harmony of confessions , set out at geneva in beza his time , anno 1581. for in their fourth observation on the confession of bohemia , sect . 14. they say thus , in this rite of kneeling , we leave each church to their own liberty ; not that we condemn it simply , as evil in it self , ( used with caution given in our fourth observation ; ) but for the rooting of bread-worship out of mens minds , it is better that ceremony in most places were abolished , in receiving of the signs themselves . may sufficiently perswade his majesty , our bishops , lords , and parliaments , to indulge the liberty of sitting to those who scruple kneeling at the lords supper , since the church of rome her self prescribes it not by any canon or rubrick in the act of receiving , and there hath been , is , and may be peril and scandal in its use . now whereas some conceit and object , that it is a great contumacy , irreverence , sawcinesse , boldnesse , for those who confesse themselves a unworthy to gather the crums under christs table , at his supper , to presume b to sit and eat the consecrated bread , and drinks the cup at or upon the table it self ; not kneeling at a distance before , or prostrate under it . i desire such objectors to ●ons●der . 1. that christ himself out of his infinite love , invites all communicants , not to gather up the crums under this his table like c dogges , or as the d captive kings did under adonibezecks ( the proud tyrants ) table , but to sit down , eat , and drink the consecrated bread , wine , and this his heavenly banquet at his table . therefore it is rather a high contempt , disobedience , e voluntary sinfull humility , or slighting , undervaluing of christs love and grace , for any invited gue●ts like dogges and slaves to lye prostrate before or under his sacred table , then with faith and holy confidence to approach unto it , to sit , eat , and drink thereat as he enjoyns them . 2ly . that if it were no ill manners , presumption , or irreverence for the f disciples , lazarus , and others , to sit down with christ himself , whiles on earth , at ordinary tables , the pascal supper , and lords table too , or in g st. iohn , to lean on his breast and bosome at it ; or in the primitive church , christians to sit , eat , and drink the consecrated elements at the lords table , for many hundred years after christs incarnation ; then doubtlesse it can be no contempt , misdemeanor , irreverence , unmannerlinesse for any now to do the like , but rather it must be so in those who refuse to do it , upon such fancies , grounds , which either christ , his apostles , the primitive church , christians knew not , or deemed insufficient to induce them to change fitting into kneeling at the lords supper . 3ly . if the objectors or other subjects , or persons of inferiour quality , were invited to sit down and eat at the kings , princes , lord keepers , lord mayors , or any other great mans table , at dinner , or supper , it would be reputed a strange singularity , folly , indecency , or contempt , ( not reverence , decency , or good manners ) in or for all or any of them , out of pretended modesty or unworthinesse , to kneel down only before , or lye prostrate under their tables , but not to sit down at them , and eat together with them , when commanded , as h all antiently , and at this day use to do , without kneeling , or prostration at or under the table . why should it not then be so in those invited by christ himself , to eat and drink at his sacred table ? 4ly . christ jesus by his death , merits , and transcendent love , hath not only made us i members of his body , of his bone , and of his flesh , k one in and with him , his own l brethren , m friends , yea n sons and children of god his father ; but also o heirs and joynt heirs with christ of the kingdom of god ; yea p kings and priests unto god his father ; and promised q to him that overcometh will i grant to sit with me in my throne , even as i also overcame and am set down wi●h my father in his throne : and also appointed unto his disciples , a kingdom , as his father hath appointed unto him , that they may eat and drink at his table , in his kingdom , and sit on thrones , and in s heavenly places , together with him , not pick up crums under his table , or kneel , or lye prostrate at a distance from it . all which con●idered , may satisfie the objectors , at leastwise so far , as to disswade them from censuring their fellow communicants who receive sitting , as irreverent , proud , prophane , und●vou● , irr●ligious , or restraining this their christian liberty and posture of sitting in receiving , the only thing they contend for , leaving them to kneel , or use what gesture they deem best , for their own particular practise . if any yet further object , ( as * they do ) that in the lords supper we receive a pardon of all our sins from god , under the great seal of heaven ; therefore we ought to receive it kneeling , as malefactors use to receive their pardons under seal from the hands of their king , kneeling on their knees . i answer , 1. the lords supper is not a pardon under seal , t to all communicants , since the unworthy eat and drink damnation to themselves therein , 1 cor. 11.27 , 28 , 29 , 30. 2ly . it was instituted not as a pardon sealed , but in remembrance of christs death and passion for our sins , and to shew forth his death till he come , luke 22.19 . 1 cor. 11.24 25 , 26. 3ly . it is received , only as spirituall meat and drink , to feed and nourish our souls unto everlasting life ; to u eat and drink as food ; not to keep or reserve in a trunk , pix , or box , as men keep their pardon● , without eating them , i am sure without drinking them , when sealed only with hard wax and parchment : therefore they rather ought to receive it sitting , as a sacred feast and supper , at which all usually sit , not kn●el ; not as a pardon , which . none ever received in a patten or chalice . 4ly . though malefactors receive charters of pardon from their princes own hands now & then , kneeling ; yet none use to receive them from their officers or ministers hands in that posture in our own or other kingdoms ; who ever received a pardon or charter thus from the lord keeper at a seal , or from the hanaper officers ? nor is the lords supper now received by any from christ● or gods immediate hands , but only from their ministers ; therefore we ought not to kneel by their own comparison . 5ly . the apostles when they received it from christs own hands at its first institution , who best knew the nature of it , did not receive it kneeling , but sitting : neither did any afterwards receive it kneeling , but sitting from the apostles and primitive fathers hands ; why then should all now receive it from the priests or ministers hands only , kneeling , not sitting , since this reason prevailed not with them to give or receive it kneeling ? 6ly . the chief cause of receiving it kneeling in the church of rome after transubstantiation introduced , as dr. iohn burgess confesseth , ( & that on the * steps near the table ) was , that the priests might with more ease put it into the receivers mouthes without spilling , who might not take or receive it with their own hands : which custom being exploded in our church ( all receiving it in their hands , and putting it into their own mouths ) the reason of the introduction and use of kneeling ceaseth . to close up this point , i shall seriously request all protestant kings , nobles , parliaments , and layme●● considerately to observe the sad effects and dangerous consequences of allowing any church , council , convocation of clergy-men , ( who usually monopoli●e both the title and power of the * chvrch , though never so stiled in scripture , or the articles of our church ) a power to alter or innovate any ceremony or rite , used by our saviour or his apostles , in the institution and celebration of the lords supper , upon pretext of custom and lawfull authority in the church so to do ; ( the * only plea for changing sitting into kneeling , in the act of its receiving ) by this one president of the ‖ council of constance . upon a petition and complaint of some bishops and church-men in that council , anno 1414. of the growth of heresie and schism in some parts of the world , by administring the lords supper to lay-men in both kinds , and likewise after supper , or else not fasting , by some priests , according to christs own primitive institution , and the apostles practise , who pertinacio●sly affirmed that they ought to do thus , against the laudable custom of the church , reasonably introduced . hereupon this sacred council ( as they stile themselves ) lawfully ass●m●led in the holy ghost , endeavouring to provide for the safety of the faithfull against this heresie , by the mature deliberation of the prelates therein assembled , and of many doctors as well of the divine as humane law , declared , decreed ; and defined , ( by a special canon therein ratified ) quod licet * ch●is●us post coenam instituerit , &c. that although christ instituted after supper , and administred this venerable sacrament to his disciples under both species of bread and wine , tamen hoc non obstante : yet notwithstanding this the authority of the sacred canons ( preferred before the canon of the scriptures ) the laudable and approved custom of the church , hath observed , and doth observe , that this sacunrament ought not to be celebrated after supper , nor to be received of christians who are not fasting , ( unlesse in case of infirmity , or other necessity , granted or admitted by the law , or the church . ) and likewise , licet in primitiva ecclesia , &c. although in the primitive church this sacrament was received by the faithfull under both species . tamen , &c. yet notwi●hstanding to avoid some perils and scandals , this ●●stom was introduced afterwards , that it should be received by those who consecrated , under both spec●es , and by laymen , only under the species of bread : since it is most firmly believed , and in no wise to be doubted , that the intire body and blood of christ is truly contained as well under the species of bread , as under the species of wine : wherefore seeing , this custom was rationally introduced and very long observed by the church and holy fathers , it is to be reputed for a law , which is not lawfull for any to reject or change at pleasure without authority of ●he ch●rch . wherefore to say , that it is sacrilegious , or unlawfull to observe this custom or law , ought to be reputed erroneous ; & pertinaciter asserentes oppositum praemiss●rum , &c. and those who peremptorily assert the co●trary , are to be banished , and grievously punished as hereticks , by ●he diocesans of the places or their o●●icials , or by the inquisitors of heretical pravi●y in kingdoms and provinces , in which any thing shall peradventure be attempted or presumed against this decree , according to the canons and lawfull statutes wholso●ly invented in favour of the catholick faith , against hereticks . also this holy synod decreeth and declareth upon this matter , that processe shall be directed to all the most reverend fathers in chr●st , lords patria●ch● , primates , archbishops , bishop● , and their vicars in spi●ituals , wherever constituted , in which it shall be committed and commanded to them , by authority of this council , under pain of excomm●nication , that they effectually punish those offending against this decree , who communicate the people under both species of bread and wine , or that exhort or teach them that it ought to be done . and if they return to repentance , they may be received to the bosome of the church , wholsome pennance being injoyned to them according to the measure of the ●ffence . but such of them who with obstinate minds shall not care to return to repentance , are to be restrained ( and punished ) by them , by ecclesiastical censures , and the ayde likewise of the secular arme is to be invocated for this end , if need shall require . here this popish council sets up the late custom , power canons of the church . 1. to alter the very institution of christ himself , the practise of the apostles and primitive church , fathers , first in two particular circumstances or ceremonies observed by them in the celebration of the lords supper , to wit , 1. in the time of receiving it after supper . 2ly . in the manner of receiving it , after meat , but not fasting ; and ●rom these 2. alterations in these circumstances , proceeds in the third place , to make , justifie , decree ● most sacrilegious alteration in the substance of it , in taking away one part thereof , to wit , the cup and wine from all the laity at one blow ; upon this absurd heretical whymsical reason , and notorious untruth , laid down as a most certain undubitable truth , that the body and blood of christ are ( by way of concomitance ) conteined and received under each species of bread and wine . 2ly . it sets up , justifies , decrees a direct contrary custome of receiving the lords supper , 1. only in the mo●ning , 2. only fasting , 3. for priests only in both kinds , 4. for all laymen , under the species of bread alone without the cup ; with a most a●dacious , blasphemous , peremptory non obstante to christ himself , the apostles and primitive churches practise and in●titution . 3ly . it prohibites priests and people too , either to imitate their examples , or institution for the future ; or to say , preach , or affirm they ought to imitate them ; or so much as to speak against any of those their late cu●tomes and antichristian innovations , errors . 4ly . they excommunicate , banish , punish all those as hereticks , and prosecute , persecute them with ecclesiastical censures of all kinds , and the power of the secular arm , if they once presume in any place by words or deeds to follow the precept or pre●ident of christ , his apo●●les and the primitive church , or oppose or submit not to their innovations , inversions , and subversions of them . 5ly . if the terror of those ce●sures prevail to force conformity to their innovations in any former non-conformist , whether priest or ●ayman , he must not be received into the bosome of ●he chu●ch , without publick penitence , and pennance proportinable to his offence . what effusion of christian blood , martyrdomes , wars , schismes , tumults , controversies this canon hath procured throughout ch●istendome ever since , the histories of bohemia , g●rmany . france , spain , italy , england , the netherlands , mr. fox his acts and monuments , with other martyrologies , and will abundantly inform us . our most gracious lord god & author of this holy sacrament of love & unity , so in●pire , direct our religious indulgent sover●ign lord the king , his parliament , council , bishops , ministers with the spi●it of wisdome , clemency , moderation , and christian compassion towa●ds the ●ender scrupulo●s consciences of many thousand ministers , and truly loyal , d●tifull pious subject● , in this particular , that the alteration of receiving the lords supper from its primitive , antient , usual gesture of sitting , practised by christ , his apostles , the primitive church & ch●istians for many hundred years to kneeling , only by late custome since transubstantiation , and adoration introduced by the church of rome , for the premised ends ; the total abandoning of sitting , and enjoyning the sole use o● kneeling to all ministers and communicants whatsoever ; the suspending pious ministers from their ministry , benefices , & inflicting ●cclesiastical censures on them as non-conformists , schismaticks , for not kneeling , or delivering the lords supper to their people sitting ; or writing , preaching in defence of this ge●ture ; practised heretofore ; the dep●iving of those laymen who refuse to receive kneeling ( for the premised reasons ) not only of the consecrated cup , as this popish council of constance ( with the councils of basil , se●●io 30. & of trent , sessio 21. c. 1. si●ce that ) did , but even of the bread too , which romis● priests indulge to all laymen ; and totally secluding those from the sacrament , who out of conscience refuse to take it kneeling , yea members of parliament themselves , and passing them by with publick contempt , as of late when they were all enjoyned to receive the lords supper together ; and that against the expresse words of his majesties most gracious * declarations to all his loving subjects of the kingdom of england , and dominion of wales , concerning ecclesiastical affairs , then newly published ; that none shall be denyed the sacrament of the lords supper , though they do not receive it kneeling in the act of receiving ; ( which hath given just ca●se o●●ear of greater seve●ity towards them and others , by over-rigid imperiou● pr●lates , p●iest● and ●lergy-men when the parliament is not sitting , ecclesiastical cou●ts and new liturgies confirmed ▪ resto●ed to their pristine vigor ; ) and that barely upon p●etext , that the custome of kneeling was long b●●ore r●as●nably introduced , and sitting prohibited only by the authority of the church , in such sort and ●or such reasons as are already mentioned in this council of constance ; may not produce any further innovations in our sacraments administration and doct●ine too by degrees , and engender n●w schismes , ●ont●ntions , disturbances , excommunications , pr●secutio●s , pers●cutions of c●nscientious godly ministers and l●yick● , to the great interruption of our churches and kingdomes peace , the total frustration of his majesties most gracious declarations and intentions towards all hi● loving subjects to their general discontent . the prevention wherof , out of mere duty , loyalty , service to his majesty , & unfeigned desire of our churches future unity , prosperity , by just dispensations & indulgencies to all his majesties consciencious loyal subjects , according to his real , and royal intentions in this particular , hath made me more copious in this just apology for sitting , without passing any over-rigid censure upon kneeling as utterly unlawfull in the act of receiving , or on those who practise it in ou● churches , out of piety , humility and true christian devotion . moderata durant . let our prelates , churches , parliaments * moderation therefore ( in these particulars of sit●ing , kneeling and bowing at the name of iesus ) be known unto all men ; and exercised towards each other ; for the lord i● at hand . i shall close up this discourse with the evangelical precept , expostulation , and advise of god himself , and his apostle st. paul to the church , saints of rome it self , and throughout the world in a like case , ro 14 3 , &c. let not him that eateth ( the lords supper kneeling ) despise him that eateth not ( kneeling ) nor him that eateth not , ( sitting , o● standing , but kneeling ) judge him that eateth ( sitting ) for god hath received him . who art thou that judgest another mans servant ? to his own master he standeth or falleth , ( sitteth or kneeleth . ) he that ●a●eth ( sitting or standing ) eateth to the lord , for he giveth god thanks ; and he that eateth not ( sitting or standing , but kneeling ) to the lord he eateth not ( so ) and giveth god thanks : why dost thou judge thy brother , or why dost thou set at nought thy brother ? ( who receiveth sitting , standing or kneeling ) we shall al● stand before the iudgement seat of christ let us not therefore judge ( or censure ) one another ( in these * indiff●rent gestures ) any more , but judge this rather , that no man put a stumbling block , or an occasion to fall in his brothers way . let us therefore follow a●ter things that make for p●ace and things whereby we may edifie ( not crucifie , grieve , destroy , excommunicate , or discontent ) each other . destroy not him with thy meat ( or thy gesture at it ) for whom christ died . all things indeed are pur● , but it is ill for that man who eateth with offence ; or to impose any gesture ) whereby thy brother stumbleth , or is off●nd●d , or made weak . happy i● he that condemneth not himself in that which he alloweth ; for whatsoever i● not of faith is sin to him that doth it . but to leave this collateral discourse of kneeling at the sacrament , which some would enforce from this text ; and return to bishop andrews passages concern●ng bowing at and to the name of iesus , as a duty of the text. i shall desire the readers to take notice of these mistakes and errors ( as i humbly conceive them ) not onely couched , but clea●●y ●xpr●ssed in them . his first error is this , that the name iesus is the name above every name intended in this text , which fathers and modern exp●sitors gainsay . his second , that the name iesus is above all names whatsoever , yea , above the name of god his third , that this name iesus is one of gods own names , and the chiefest name of god. his fourth , that this text enjoynes men to bow to ( not in or at ) this very name iesus , and to this name only . his fifth , that our saviour hath left this his name behind him , now his person is ascended into heaven , to this very end , that we might do reverence and bow unto it . his sixth , that the words of the text are so plain , as they are able to convince any mans conscience , that they ought to bow to the name of iesus when rehearsed in the church . his seventh , that there is no writer of the antients on this place ( except origen ) but litterally understands it , and likes well we should actually perform this duty of bowing to the name of iesus when pronounced . his eighth , that ambrose , hierome , cyril , and theodoret ( in their quotations in his margent ) are of this opinion , and thus understand this text. his ninth , that there want not reasons why we should rather bow to the name of iesus , than to the name of christ. his tenth , that christ is not , yea cannot be the name of god. his eleventh , that god cannot be annoynted . his twelfth , that iesus is the chief name of god , and so by consequence , that iesus could not be annoynted , for therein consists the force of this reason . his thirteenth , that the name christ was communicated by god to others , but the name iesus , not , it being a proper name to our saviour only . his fourteenth , that that which is proper , is above that which is holden in common . his fifteenth , that christ is not so good as iesus , because the end is better than the meanes , and he was annoynted that he might be a saviour . his sixteenth , that we must bow to the name of iesus with reference to the sence , that is , with ●eference to the person of iesus , as he is a saviour . his seaventeenth , that this bowing is no taken-up worship , or humane invention or injunction , but a ●uty of the text , directly set down by god himself , yea an act which is of gods own prescribing . his eighteenth , that the brazen serpent was not a thing enjoyned nor instituted by god himself , as this is . his nineteenth , that the superstition occasioned by this bowing cannot abolish it . his twentyeth , that this bowing , as it may be superstitiously used , so it may be irreligiously neglected too . for the two first of these his mistakes they are directly confuted by sundry fathers , who make the ●ame here given to christ , above every name , to be no other , but the name god , and that in truth and reality , not mere appellation , as verse 6. who being in the form of god , thought it not robbery to be equal with god , compared with verse 11. that every tongue should confesse that iesus christ is lord to ( or in ) the glory of god the father , intimate . witnesse likewise their ensuing authorities . tertullian de trinitate , lib. tom. 2. p. 261 , 262. accepit enim nomen quod est super omne nomen , quod ut que non aliud intelligim us esse , quàm nomen d●i . nam qu●m dei sit solius esse super omnia , consequens est , ut nomen illud sit super omnia , quod est ejus qui super omnia est dei , &c. vid. ibid. athanasius de incarnatione christi contra apollinarium , p. 271. c. et cum dicit , ideo super-exaltavit eum deus , et dona vit illi nomen quod est super omne nomen , de templo loquitur quod est corpus suum . non enim qui altissimus est , sed ca●o ejus exaltatur , carnique suae altissimi nomen donavit , quod est super omne nomen . neque verbum dei donatitia ratione hoc nomen accepit ut deus vocaretur , sed caro ejus cum ipso simul , deus appellata est . non enim dixit verbum deus sactus est , sed deu● erat verbum : semper enim inquit , deus verbum , ut ille ipse deus ●actus est caro , ut ipsius caro ●fficeretur deus verbum , quemadmodum thomas palpator ipsius carnis proclamavit ; o qui e● & dominus meus , & deus meus ; ut rumque simul deum appellans , &c. st. hilarie , enarratio in psal. 2. p. 198. h. et donavit illi nomen quod est super omne nomen , &c in ●o●ma itaque dei m●nens formam se●vi accepit , scilicet , ex deo homo natus ; ut post mortem crucis in ●omen quod est super omne nomen exaltetur . in deum namque quia nullum ultra deum nomen est , prov●hitur eique hoc potenti , id est , ut esset quod suerat ante , donatur . st. ambrose , comment . in phil. 2 9 , 10. et donanavit ei nomen quod est super omne nomen , &c. videtur ergo donum patris , hoc est esse filium , & nomen ejus super omne nomen sit , hoc est , ess● deum . nomen enim dei ; sed per naturam , non per appellation●m●uper ●uper omne nomen est . hinc est , ut in nomine i●su omne genu flictatur coelestium , terrestrium , & in●●rn●r●m ; sicut ad romanos significat inter caete●a dicens . ex quibus christus secundum carnem , & super omnia benedictus deus in saecula , &c. consideremus dicta , sic advertamus vim locutionis . certe nomen quod super omne nomen est dei nomen est. sed si per naturam non constat hoc nomen ▪ non est super omne nomen . appellativum enim nomen in solo vocabulo est , non in nobilitate naturae . et adoptivo deo non flectit creatura genu , sed vero , non concraeaturae . et quomodo fieri potest homo sit in gloria dei patris ? non potest esse , nam ei hoc competit qui natus est ex deo. in gloria enim dei patris ●sse , nihil differre a deo est , ut una gloria sit patris & filii per communem substantiam & virtutem , &c. with whom iohannes salisburiensis in phil. 2.9 , 10. ms. in bibl. bodliana , accord . dionysius alexandrinus , epistola contra paulum samosatens . bibl. patr. tom● 3. p. 74 , 75. ti●us bostrensis in cap. 1. evang. lucae , bibl. patrum , tom. 4. p. 339. e. idacius advers . varimadam loc . ibid. p 622. a. caesarii dialog . 1. p. 650. a. basilius magnus de spiritu sancto ad amphyl . cap. 8. tom. 1. p. 180. agobordus ad ludovicum imperatorem , bibl. patr. tom. 9. pars ● . p 556 g.h. pas●hatius ratbertus in math. evang. l. 10. bib. patr. t. 9. pars. 2. p. 1156. b.c. l. 11. p. 1177. b. exposit . in ps. p. 1249. g. et paulinus aquiliensis . patr. contra felicem vigel● epist. l. 2. ( thus expound this name and text ) et donavit illi nomen quod est super omne nomen , ut in nomine i●su , &c. nomen nempe super omne nomen solius veri dei est , verique filii dei. nuncupativum vero , vel adoptativum nomen , non supra , ●ed infia . cui inquam , nisi vero deo omne flectitur genu ? cui nuncupativorum d●orum , vel adoptativo rum filiorum flectitur omne genu coelestium , te●restrium , aut in●e●norum ? aut quem ex illis omnis lingua confitetur in gloria esse dei patris ? &c. donavit illi nomen quod est super omne nomen ; virtutis scilicet & divinatis quae in christo corpor●liter in omni plenitudine habitabat so the●e determine . aquinas , in his summ● , 3. pars quaest. 49. artic , 6. conclusio . propter quod , &c. et dedit illi nomen quod est super omne nomen , thus expounds it , ut scilicet ab omnibus nominetur deus , & omnes ei reverenti●m exhibeant sicut deo : et hoc est quod subditur , ut in nomine iesu omne genu flectatur coelestium , terrestrium , & in ●●norum . alexander alensis , theologiae summa pars 1. quaest. 21● membr . 1. artic. 4. thus interprets , dedit illi nomen quod est super omne nomen , &c. ut quod deus dare , sit manifestare , pa●et ; nomen quod est super omne nomen , id est honorificentiam quod vocatur deus . chytraeus postill . in dominica palmarum , and zanchius in phil. 2.9 , 10 with other protestants , conclude , the name here meant to be god essentially ; and the bishops own words , accepit ut homo quod habebat vt devs , admit it for truth . and that it is so , seems past all controversie , if we compare this text with isaiah 45.23 . and rom. 14.11 , 12. from whence it is taken , as i live saith the lord , every knee shall bow to me , and every tongue shall confesse to god ; so then every one of us shall give an account of himself to god : if then the name above every name be god , not iesvs , as all these define against bishop andrews , how is his bowing to the name iesus only , not to his name god , a duty of this text ? and his that all antients thus interpret it , true ? other fathers and authors interpret this name above all names , to be the naturall only begotten son of god , agreeing in substance with the former . thus hierom , theodoret , sedulius , remigius , beda , haymo , theophilact , anselme , oecumenius , musculus , aretius , zanchius on phil. 2.9.10 . sancti procli . sermo in transfig . christi bibl. patr. tom. 5. pars 1. p. 536. c. ●●●eriis & beatis l. 1. bibl. patr. tom. 8. p. 342. c. d. ● . augustinus contr. maximin . l. 2. c. 2. basil. de spiritu sancto , c 8. tom. 1. p. 180. with sundry more resolve . others take this name to be the glory , majesty , and power of christ. so chrysostom , in phil. 2. hom. 7. theodoret , in phil. 2. petrus blesensis , sermo 46. bibl. patr. tom. 12. pars 2. p. 907. with whom some modern commentators accord . others expound it of the very name iesus , only by way of analogie , or rhetorical flourish . so origen hom. 1. super jesum navae , tom. 1. fol. 149. f. chrysologus sermo 144 , 145. remigius & haymo in phil. 2 ▪ 9 , 10. isychius in levit. l. 7. c. 24. bibl. patr. tom. 7 ▪ p. 108. b. ethorius & beatus , l. 1. bibl. patr. tom. 8 ▪ p. 346. e. f. agobardus de picturis & im●ginibus , lib. tom. 9. pars 1. p. 598. c d. lucas ●udensis , advers . albigensium errores , l. 2. c. 16. bibl. patr. tom. 13. p. 267 , 268. alchuvinus contr. felicem vigel . ep. l. 2. col 810 b. c. d. but yet none of all these speak a word of any bowing to , or at this name when read , mentioned , heard , or seen , the chief thing in debate , which the bishop endeavours to prove and enforce . some others assert this name to be the name christ ; as paschatius r●tbertus , expositio in psal. 44. p. 1246. g. paulinus epistola ad augustinum , bibl. patr. tom. 5. pars 1. p. 210. which verse 11. that every tongue should confesse that iesus christ is lord , &c. seems to imply . others interpret this name , not to be any particular title , but the very person of christ himself . so brentius in phil● 2 ▪ 9 , 10. hence hierom comment . l. 3. in isaiam 45. greg. nysson . de anima & resurrect . disput. p. 194 , 212. ambrose enar. in psal. 118. octon . 20. hilare de trin. l. 9. p. 64. chrysostom hom. 32. in 1 cor. 12. fulgentius object . arrianorum discussio , p. 204. cyrillus alexandrinus , de incarnatione unigeniti , cap. 11.26 . prosper . expositio in psal. 102. fol. 236. a. paulinus epist. ad aprum bibl. patr. tom. 5. pars 1. p. 187. b. sancti procli . sermo in transfig . christi , ibid. p. 535. e. arnobius comment in psal. 64. bibl. patr. pars 3. p. 262. a. agoba●du● ad ludovicum imperatorem , bibl. patr. tom 9. pa●s 1. p. 556. g. angel●mi stromata , in lib. regum 2 c. 12. p. 740. e. damascen . orthodoxae fidei , l. 3. c 29. p. 433. c. s●meon th●ssalonicensis archiepiscopus de divino templo , bibl. patr. tom. 12. pars 1. p. 880. c. petrus blesensis de tr●nsfig . domini ibid. pars 2. p. 915. b. nicholaus cabasila de vita in christo , lib. 6. bibl. patr. tom. 14● p. 127. a papa innocentius 5. in circumcisione domini , se●mo . 1. tom. 1. p. 95. de contemptu mundi , l. 2. c. 15. p. 449. read it thus , ipsi , ei , illi , or , coram illo flectetur omne geun , &c. not , in n●mine , or ad nomen iesu. others interpret this name to be lord ( the usual name of god ) of which at large before , section 1. for the third , that iesus is the name of god , and the chiefest name of god. i answer , that though god the father , and the trinity in unity be stiled saviour in the scripture , as isay 43.11 . i am , and besides me there is no * saviour ( the place which the bishop quoteth ) 2 sam. 22.2 , 3. psal 106.21 . isay 45.15 , 21. c. 49.26 . c. 60.16 . jer. 14.7 , 8 hosea 13.4 . luke 47. 1 tim. 1.1 . c. 2.3 . c. 4.10 . tit. 1.3 . c. 3.4 , 5 , 6. jude 25. to the only wise god our saviour , be glory and m●j●sty , domini●n and power , now and ever amen . yet we ●ead not in all the scriptu●e that god the father was ever called iesus , nor yet that the trinity in unity , or deity it self is stiled by this name . now iesus and saviour though they accord in signification , yet they differ in this . 1. in time and antiquity , saviour being used in the old testament , long before christs incarnation and nativity ; iesus was imposed on him after his incarnation , mathew 1.21 , 24. luke● . 31 . c. 2 21. 2ly . one of them is a title of office or honour , accruing from some gracious del●ve●ance , the other a proper personal name imposed on our saviour at his circumcision ( as our names in baptisme a●e ) to distinguish him from other men● 3ly . they differ in ph●ases and words , iesus & soter ; iesus & s●rvator ; i●sus and saviour . the words are different , and diff●●ently used in all lang●ages ; and that they vary from each other , the very usual phrases in scripture ( iesus christ , our saviour ; a saviour , which is christ the lord ; our saviour iesus , &c. coupled o●t together ) testifie ; for if they were synonimaes it would be a kind of tautology . and if they are both one and the same , then all men should and would cap and bow to both of them alike , especially since bishop andrews tells us , that saviour is the name above every name , &c. in this text , and one of * gods own names . and if saviour be the name , then all must cap and bow to it as well as to the name iesus ; and that , when it is spoken or intended of god in the trinity , or of god the father as well of iesus his only son , which none now practise , neither doth the bishop here urge them to it . again , as iesus is not the name of god the father , or of the deity ; so it denotes most properly and immediately nought else but the * humanity of our saviour ; it being a name imposed on him as man at his circumcision ; rather to difference him from other men , than from the other persons of the trinity ; whence * beda , anselme , ‖ alcuinus , aquinas , and others conclude ; iesus est proprium nomen assumptae carnis , and hoc nomen jesus significat solam naturam humanam ; not the deity or divine nature of christ , as this bishop mistakes . for the fourth , that this text enjoynes men to bow not barely in or at , but to the very name of iesus , and to this name only . it is certainly a grosse mistake ; for first the words are , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in nomine , not ad nomen ; in the name , not at or to to the name , as the ‖ antient english translation● of trevisa , tyndal , co●erdale , matthews , the epistles and gosples printed in english at paris , 1558. the common-prayer-books of edward the 6th . queen elizabeth , king iames , and king charles , ( till altered of late by doctor cosens ) in the epistle on palm sunday , bishop alley , the bishops bible , dr. fulk , mr. cartwright , bishop iewell , and all our antient english writers who cite it , read it . now ●o bow in the name , and to bow to the name of iesus , are two different things of various natures ; therefore this injunction to bow in the name is no warrant for any to bow to the name of jesus , which this text requires not . 2ly . this bowing to the name of jesus , as a divine worship , adoration and duty of the text , is as great idolatry as to adore and bow to his cross , picture , body , or consecrated bread in the sacrament , &c. which we * all cond●mn in papists ; yea , it makes our bowing at to be really to the name of jesus , and the very same with that of the papist● , which our ‖ protestants condemn as superstitious and idolatrous in them . 3ly . the fore-alleged fathers and authorities prove , that the name iesus is not the name above every name intended in this text ; therefore there is no ground to bow to it , and it alone . 4ly . cyrillus alexandrinus in hesaiam lib. 5. cap. 55. tom. 1. p. 262. ● . in ●ohannis evangelium , l. 11. c. 17. p. 666 a. de incarnatione unigeniti , cap. 11. tom. 1.2 . p. 114. e. & dialogus de t●initate , l. 3. p. 270. a. reads it thu● . ●t dedit illi nomen quod est super omne nomen , ut in nomine i●su christi omne genu s● flectat , joyning the name christ with jesus . synodus franco●urdiae ad menam habita , sub adriano papa 1. thus , cessate cum adoptivum nominare , qui verus deus , & verus dei filius , in cujus nomine omne genu fl●ctatur coelestium , terrestrium , & infernorum . dionysius alexandrinus , epistola contra paulum samosa●ensem , thus . propter quod d●us exaltavit illum , & donavit illi nomen quod est super omne nomen ; ut in nomine ejus omne genu fl●ctatur , &c. ar●obius , comment . in psal. 88. ●hu● , ego primogenitum ponam eum , ut in nomine ejus omne genu fl●ctatur , &c. angelomus in hi● str●mata in libr. regum 3. cap 8 thus . christo enim propter glor●fae m●ritum pas●●onis datum est nomen , ut in nomine e●us omne genu flectatur , coeles●ium , terrestrium , & inf●rn●rum . p●schatius rat●ertus , in mat. evang. l. 10. thus . et donavit illi nomen quod est super omne nomen , ut in nomin● d●mini omne genu flectatur ●oel●stium , t●rrestrium , & in●●rn●rum . attributing this bowing of eve●y knee , not at all to the name , but person , deity of christ expressed , represented by any name , as isay 45.23 . rom. 14.9 , 10 , 11 , 12. expresly do , every knee shall bow to me , &c. for the fifth , that christ hath taken his person out of our sight , but hath left his name jesus behind to us , that we may shew by our reverence and respect unto it , how much we est●em him , &c. as it abstracts and severs christs person from his name , and contradicts mat. 28.20 . and ●o i am with you alwaies even unto the end of the world ; so it makes much for , and directly justifies the papist● adoration of their hostia , images , crosses , and the name iesus * carved , written , painted , or printed in a book , wall , frontispiece of a iesuites works , or under or over a crucifix , as well as to his name , when barely pronounced . at the sight of which name , n● prelates , nor protestants , and i think few papists usually bow . 2ly . it is not , yea cannot be grounded on that text of psalm 111.9 . ( holy and reverend is his name ) quoted by the bishop to warrant it ; that name being only the glorious name of lord , there attributed to god himself , as i● evident by vers. 1 , 2.11 . &c. by sundry * paralel texts of scripture , and the words themselves , which are spoken in the present , not future tense , h●ly and reverend is his name . now this name iesus wa● then neither holy nor reverend , because then not known , nor given to , or imposed on our saviour ch●ist as god and man ; therefore it could not be the name which the psalmist writes of . 3ly . christ hath left behind him all his other names , as emanuel , god , son of god , lamb of god , lord , king of kings , lord of lords , king of saints , head of the church , chi●f shepheard of the sheep , god , &c. as well as this , he hath not carried them , or any of them quite away to heaven with him , and left iesus alone behind him on earth ; therefore we should either reverence , bow to them or him , in and by them all alike , if this reason proves good ; or else give no special adoration , bowing , or reverence unto this name iesus alone , since we do it not to any of the rest , he left behind him . for the sixth , that the words of the text are so plain , as they are able to convince any mans conscience , that he ought to bow to the name of iesus , when recited or uttered in the church . it is an experimental untruth ; we see they convince not the consciences of most men now ; they convinced not the consciences of any of the fathers , primitive churches , christians , antient expositors , or modern protestant commentators on this text heretofore , nor any forein protestant churches at this day ; neither are they ( i dare confidently a ver it ) sufficient to convince any intelligent christians conscience , upon due examination , now , that this bowing at , or to the name of iesus only , which the bishop only contends for , is a duty of this text ; there being nothing either in the sence , or words , that can manifest it to be a duty upon evident and infallible grounds , though all acknowledge that the same subjection , adoration , prayer , and divine worship are due to christ as are to god the father , and to the holy ghost , but no other . for the seaventh , that there is no writer of the antients on this place ( except origen ) but doth litterally understand it , and likes well , that we should actually perform this bowing now contested for . if we take it absolutely in it self , it is a most apparent untruth , since not one of the antient fathers or expositors extant in p●int or manuscripts hath so expounded it , or made any mention of this duty : but if we take his words as he hath qualified them , ( and there is no writer , no not of the antients , on this place , that i can find , &c. ) we must either conclude , that the bishop , though very learned , never sought after any antient● writers on this place ; or at least , that he never found out any , or mistook their words or meaning , since there is not one of them extant that ever gave this his exposition of them . for the eighth , that ambrose , hierom , cyrill , and theodoret , ( the only antients he mentions , in the places barely quoted in his margent , not reciting their words at large ) concur in judgement with him , in this kind of bowing at , or to his name , and thus understand this text : it will appear far otherwise , if we survey their words . * st. ambrose his words are these . quid de officio pedum loquar , qui totum corpus sine ulla sustinent o●eris injuria ? flexibile genu quo prae caeteris domini mitigatur offensa , ira mulcetur , gracia provocatur . hoc enim patris summi erga filium donum est , ut in nomine iesu omne genu curvetur , coelestium , terrestrium , & infernorum , & omnium lingu● confit●atur , quoniam dominu● iesus , in gloria est dei patris . duo enim sunt quae prae caeteris deum mulcent , humilitas & fides ▪ pes itaque exprimit humilitatis affectum , & sedulae servitutis obsequium : which place desciphering only the principal uses and offices of the feet , vizt . to appease the lords wrath , and procure gods favour by bending the knee to him , ( not iesus ) in the affection of humility , by humble prayer in the name of christ , and diligent service and obedience , makes nothing at all for genu-flections , or bowings to , or at every recital of the name iesus , ( not here mentioned by ambrose ) much lesse when we are on our knees praying to him , when some superstitiously bow down their heads to and at this name . neither doth st. ambrose in his commentary on phil. 2.9 , 10. or in any other place of his works , where he dilates upon it , make any such literal exposition of this text , or name as is pretended , so as his quotation is impertinent . * st. hieromes alleaged authority , is far more impertinent to his purpose . his words are these . mihi incur vabitur omne genu , & jurabit & confitebitur omnis lingua deo. on which words of isaiah he thus descants . sed & hoc jurat , quod idolis derelictis omne genu ei flectatur coelestium , terrestrium , & in●ernorum , & omnis per illum juret lingua mortalium : in quo perspicuè significatur , populus christianus : moris est enim ecclesiastici christo g●nu flectere quod iudaei mentis superbiam demonstrantes , omnino non ●aciunt . sed & omnis lingua cunctarum gentium barbararum , non in synagogis , sed in christi ecclesiis consitetur de●m , &c. in all which passages , 1. the name jesus is not so much as once mentioned , much less is there any intimation of bowing to it , when recited . 2ly . all the argument the bishop can hence collect , is but this . it is an ecclesiastical custom for christians to pray kneeling , or bow their knees to christ , ( not jesus ) in their publick and private prayers ; ergo it was then an ecclesiastical custom to bow the knee to and at the ●ecital of the name of jesus only , but not to or at the name of christ ; whereas the contrary would better follow : ergo it was then an ecclesiastical use for christians to bow their knees at , to the name of christ , not to or at the name of jesus , which refutes all his reasons and arguments to the contrary . 3ly . hi● text is only omne genu el fl●ctatur , & moris est ecclesiastici , flectere● not , ad nomen iesu , or in nomine iesu , or christi : this father he●e speaks only of the person , not of the name of christ , or jesus : therefore he gives no colour at all for any bowing to or at the name of jesus , as the bishop suggests , punctually against his words . for st. cyrills authority , it is only this . quid est igitur quod annunciatum est ? salus & conversio omnium ●bique gentium : mihi enim inquit , flect●t se omne genu , & jurabit omnis lingua p●r deum . flectet se genu deo , & nomen ejus ab omnibus in juramento adhibebitur , quid aliud signi●i at , quam omnium conversionem & agnitionem & co●junctionis cum ipso patefactionem ? qui enim per conversionem ad deum redeu●t , prorsus nec genu immundis spiritibus flectunt , n●que lingua illos ut deos circumferunt . non enim per ullum aliquem jurabunt tanquam per deum sed unum natura & verè esse cognoscentes ejus jugo cervic●m supponunt & genu flunctunt ; & si legitime jurare velint , ejus solius m●ntionem ●aciunt . where observe , 1. that in all this quotation , the word or name jesus is not so much as once mentioned , much lesse any bowing to or at his name jesus . 2ly that the name and person only of god is mentioned , to whom all nations leaving their unclean spirits , idols , should in time be conve●ted , submit themselves , adore and swear by his name alone . ergo it is a duty of the text , for all to bow at eve●y recitall of the name iesus , ( not here mentioned ) is a very un-episcopal inferrence from this fathers passage . * theodorets words are as little to the purpose . et donavit illi nomen quod est sup●r omne nomen , &c. non ergo ea accepit quae non prius habebat ; sed accepit ut homo quae habebat ut d●us . nomen autom quidam interpraetati sunt gloriam . ego autem ex ●pistola ad hebraeos invenio aliam apostolici dicti intelligentiam : cum enim dixisset , ‖ sedet ad dextram majestatis in excelsis , tanto melior angelis effectus , quanto excellentius p●ae illis nomen haeredita vit , interpraetatur nominis differentiam , & dicit : cui enim dixit aliquando angelorum , filius meus es tu , ego hodie genui te ? et rursus ; ego ero illi in patrem , & ille erit mihi in filium ? hic ergo hoc etiam dicit , quod eum seipsum humiliavit , non solum non p●r didit quod habebat ut deus , sed hoc etiam accepit ut homo . vt in nomine iesu omne genu flectatur coelesti●m , terrestrium , & in●ernorum . coelestes appellat pot●states , quae sub ●●●p●ctum non cadunt ; t●rr●stres autem , homines qui ad huc vivunt ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 autem ▪ h●c est , eos qui sunt sub terris , illos qui sunt mortui . if then this name above every name , &c be not the name iesus , but this name , the only begotten son of god , ( as theodoret expressely concludes from st. pauls epistle to the hebrews ) then here is no warrant for any bowing to or at the name of je●us , or to or at this name alone● or at every ●ecital of it , in these words of his . so that these four fathers are all point-blank against ( not for ) the bishop● exposition in the least degree , who therefore cau●elo●sly concealed what they writ , here truly and fully cited . for the ninth , that there want not reasons why we should rather bow to the name of iesus than of christ. i answer , that there can be no reasons alleged for it out of scripture , neither hath this bishop , nor any other yet produced any reasons of this kinde ; what reasons therefore he or others have coyned out of their own working brayns , fancies either without or against the scripture , why men should bow to or at the name of jesus , not to or at the name christ , are not worthy the name of reasons ; and if the bishops reasons here produced be well examined , we shall find them both unreasonable and untrue , if not absurd , making wholly against his conclusions , nothing for them , as the ensuing particulars will manifest . his first reason , why we should not bow to or at the name of christ , is this , because christ is not , yea cannot be the name of god ; for god cannot be annoynted . in which there are two most grosse mistakes . first , that christ is not , yea cannot be the name of god. secondly , that god cannot be annoynted . the first of these is directly contrary , 1. to athanasius his creed , where it is twice repeated , so god and man is one christ. 2ly . to the 2d . article of the church of england , and the 29th . of ireland , which thus resolve . the godbead and manhood were joyned together in one person , never to be divided , whereof is one christ , very god and very man. 3ly . to expresse scripture , rom. 9.5 . of whom as concerning the flesh christ came , who is over all , god blessed for ever . 4ly . to all antient and modern writers , who thus conclude , and positively affirm against the arrians , * christus est deus , that christ is god , and that christ is both god and man ; which propositions were false , if christ were not the name of god. certainly christ is the name of the sonne of god , of the second person in the sacred trinity : all christians are to ‖ believe in christ ; to pray to god in the name of christ. they are likewise * baptized into christ , and in the name of christ ; yea they are named christians from the name of christ , not iesuites , as the jesuites name themselves from his name iesus . therefore christ certainly is the name of god , and of our saviours divinity , as well as of his humanity . this verily iraeneus testified of old , adversu● haereses , l. 3. c. 20. p. 333. in christi ● . nomine , subauditur , qui unxit , & ipse qui unctus est ; & ipsa unc●io in qua unc●us est . et unxit quidem pater : vnctus vero est filius , in spiritu qui est unctio , quemadmodum per isaiam ; sermo . spiritus dei super me , propter quod unxit me ; significans & unguentem patrem , & unctum filium , & unctionem qui est spiritus . the name therefore of christ ( in irenaeus his divinity ) takes in the whole three persons of the trinity , and so is the name of god in his repute . this was athanasius his assertion in his declaration , quod christus sit ve●us deus , &c. p. 371. c. d. at qua ratione possit christus vocari christus , si nudus homo sit ? contra idem ille si verbo coadunitus sit merito ponuntur christus & dei filius , jam olim propbetam paternam in ●o substantiam his verbi● protestantem ; & emittam filium m●um christum , &c. missionem autem & declarationem idem esse cum unctione frequenter inveuiemus , &c. the same we shall find in damascen , at nos christum haud quaquam unius compositae natur● esse ass●rimus , &c. christi porrò vocabulum personae ess● dicimus , ut quod unimodò vocatur , sed duplic●m naturam significet . ipse e●enim s●ipsum unxit , corpus videlicet divinitate unguens ut deus , unctus autem ut homo , quandoquidem ille ●●e & illud est ; unctio porrò humanitatis ●st divinitas . and euchfoneus in his commentarie , ibid. ● . 266. d. sanctorum patrum concordi sententia . chri●●us ●omen hypo●●aseos est , & personae duarum natur●rum ●●gnificativum , divinae scilicet & humanae : hinc christus neque solam humanitatem , sed utramque ●arum i● unica persona hypostaticè unitam . idcirco dicit liter● , nomen christus non est unimodè dictum , id est , de un● na●ura . neque ● . id nomen christus de s●la dicitur natur● divina , neque solam notat humanam naturam , sed utramque simul in uno supposito unitam . nam ipse christus est , hoc est illud , u●pote homo & deus , ‖ prout nomen illud singulariter , & unice domino nostro attribuitur , significa●que ipsunt unctum excellentissima & divina unctione , carnent scilicet-ejus sacrosanctam di●tatis ol●o ineffabiliter per●usam ; quae s●ne super-divina est unctio & sol● domino nostro congruens . in qua , divinitas est ungens ; & sacratissima christi humanitas unctum , ipsa quoque divinitas unctio est , et ejus humanitas quod ungitur . with which the resolution of aquinas , and others accords . for the second , that god cannot be annoynted : it is most ●alse ; for god the father annoynted god the son , with god the holy ghost , witnesse p●al 45.6 , 7 ▪ & hebr. 1.8 , 9. thy throne ( o god ) is for ever and ever , the scepter of thy kingdom is a right scepter . thou lovest righteousness and hatest wickedness , therefore god , thy god hath annoynted thee with the oyl of gladness above thy fellows thus the fathers from these texts inferred , resolved long ago , 1 athanasius , 2. hilarie , 3. ambrose , 4. augustine , 5 primasius & others 6. cyrillus alexandrinus , 7. venerable beda , 8 isychius , 9. paschatius ratbertus . 1. o●thodox athanasius , contr. a●ianos , l. 2. p. 80. a. b. c. n●n ●n dixit , ideo unxit te , ut deus , aut rex , aut filius , aut verbum fieres , nam & antea hoc ipsum erat , semperque est , sed potius prop●erea , quia & deus , & rex es , ideo inunctus e● . non n. alterius erat conjungere hominem cum spiritu sancto , quam tui ipsius qui es imago patris , ad quam ab ini●io creati eramus , quoniam tuus est spiritus . caeterum , quia deus est , quia rex aeternus , & splendor , & character pat●is , ideo ipse est qui expect● batur christus , &c. quid igitu● miri a●t qui● in●redibile , si dominus qui spiritus , ipse nun● dicitur , spiritu injungi ? 2. st ▪ hilarie de trinitate , l. 4. p. 21. f g. thus seconds him , ait●n in psalmi● , vnxit t● de●s , deus tuus , discernat legentis intelligentia unctum & ungentem ; distingue te & tuus ; ad quem & qui sit sermo demonstrat . superioribus , n●dictis hic confessionis ordo subjectus est . dixerat namque , sedes tua deus in saeculum saeculi , virga directionis tuae virga regni tui , dilexisti justitiam & odisti iniquitatem , ●unc quoque his adjecit , propterea ●nxit te deus d●us t●us . deus ergo regni aeterni ob meritum dilectae justitiae & perosae iniquitatis a deo suo unctus est . nunquid intelligentiam nostram aliqua saltem nominum intervalla confundit . nam discretio tantum personae in te & tuus , posita est , in nullo ●amen natu●ae distincta confession● . tuus enim rela●ivum est ad autorem , & verò ad ejus qui ex autore est significationem . est enim deus ex deo , prop●eta eodem ordine confitente ; u●xit te deus , deus tuus , &c. 3. st. ambrose de fide l. 1 c. 2. adds his suffrage to the former , denique habes in psalmo quadrag●simo quart● , quod & deum patrem , dicit propheta , & deum filium declaravit , dicens ; sedes tua deus in seculum seculi ; & infra , unxit te deus , deus tuus oleo laetitiae prae consortibus tuis : deus est qui ungit , et deus qui secundum carnem ungitur , deus filius : denique quos habet unctionis suoe christus nisi in carne consortes ? vide igitur qui● deus a deo unctus , &c. 4. st. augustin proves it is most fully and punctually in psal. 44. euarratio . propterea unxit te deus , deus tuus . et vide quomodo ait , propterea unxit te deus , deus tuus . deus ungitur a deo . etenim in latino putat idem casus nominis repetitus . in greco autem evidentissima distinctio est , quia unum nomen est quod compellatur , & alterum ab illo qui compellat . unxit te deus , o tu deus , unxit te deus tuus ; quomodo , si diceret , propterea unxit te o tu deus , deus tuus . sic accipite , sic intelligite , sic in graeco evidentissimum est . ergo quis est de●s unctus a deo ? dic●nt nobis judaei . scripturae ipsae communes sunt . unctus est deus a deo , unctum audis , christum intellige , etenim christus à chrismate . hoc nomen quod appellatur christus , unctionis est , nec in aliquo alibi ungebantur reges & sacerdotes nisi in illo regno , ubi christus prophetabatur & ungebatur , & unde vent●rum erat christi nomen . nusquam est alibi omnino in ulla gente , in ullo regno . unctus est ergo deus a deo. quo oleo , nisi spirituali ? oleum n. visibile in signo est , o●eum invisibile in sacramento est . oleum spirituale intus est , oleum visibile exterius est ; unctus est nobis deus et missus est nobis , et ipse deus ut ungeretur homo erat , ut deus esset , ita deus erat , ut homo esse ●on dedignaretur . uerus homo , verus deus , in nullo fallax , in nullo falsus , quia ubique verax , ubique veritas . deus ergo homo , et ideo unctus deus , quia homo deus et factus est christus . the like he asserts * elsewhere . 5. so primasius , remigius , haymo , anselme , theophilact , oecumenius on heb. 1.9 . read it thus , o deus ( filius ) unxit te deus , ( pater ) &c. all agreeing that god the son is annointed by god the father , with god the holy ghost . 6 ▪ cyrillus alexandrinus contr. julianum l. 8. thus comments on this text. propterea unxit te deus , deus tuus prae omnibus consortibus tuis . vides ? deus ungitur deo , &c. 7. thus also our * venerable beda resolves , expositio in psal. 44. & heb. 1. o deus verbum , deu● tuus , id est , deus pater unxit te , &c. unctus deus a deo , often repeated . 8. isycbius in levit. cap. 8. concludes . neque christi divinitas post unctionem ab humanitate dividitur , sed five ●ngi dicatur , five generari , five pati , five re●urgere , ●ive as●umi dicimus , hoc incarnatum verbum non dividentes , & dicentes hominem quidem unctum , deum autem non unctum : sed deum cundem ●●mu● ac hominem : hoc n. & david . fine aliqua dubitatione approbat quum dicit : sedes tua deus in seculum seculi , virga recta est , virga regni tui , dilexisti justitiam & odisti iniquitatem , propterea unxit te deus , deus tuus : cernis d●um dici qui unetus est , quia omnia carni● suae monifestum est quod ●ibi metipsi qui incarnatus est vindicat . 9. paschasius rathertus exposie . in psal. 44. sings the same tune . quid sequit●r ? propterea unxit te deus , deus t●u● : primum dei nomen vocativo casu intelligendum , sequ●us nominativo ; quia alius est deus qu●●ngitur , alius ille a quo ungitur : t●us n. cum dicit , relativum est ad autorem per quem ungitur in regem , &c. unde ait , propterea unxit te deus , deus tuus : deus erg● in regnum , ob meritum justiciae , dilectae , & perosae iniquitatis à deo suo unctus ●st , id est , filius a patre : non enim intelligentiam nostram aliquod confundit intervallum ubi discretio personarum duobus distinguitur prae●ominibus , videlicet , te & tuus ; non quod natura distinguatur deit●tis , cum dicitur , unxi● te deus , ac deinde additur , deus tuus ; nam cum dicit , deus et deus , ostenditur una natura , una deitas , quia ille deus qui ungitur ab ●o deo est qui ungit ; et 〈◊〉 deus a deo est , nihil aliud quam deus est : propheta eo ordine narrante , tu●s● &c. what more punctual then ●ll these conc●rrent fathers , against th●s false , dangerous paradox of bp. andrews , that god the son was not , yea cannot be anointed ? i could adde a whole grand ●ury more of * other learned writers to the same effect ; but shall conclude with ●ulielmus v●sinus . vnctio enim est , non tam d●norum acceptio , quae competit soli humanitati , sed & ordinatio ad officium m●diatoris , ●●ae competit et●am divinitati : e●fi igitur sola humanitas potest acciper● spiritum sanctum , tamen non sequitur exclu●●o divinitatis ab unctione , quatenus est designatio ad officium , &c. of which you may read much more there to the like effect . and here we will next examine the bishops argument , and retort it thus upon him . that name which is not the name of god , to it we must not bow . so the bishop argues . but the name jesus is not the name of god ; ergo to it we must not bow . the major is the bishops own reason , words ; the minor is already proved . and it may thus be evinced by his own reason last refuted . that name which is ascribed to christ , who is , and as he is annointed , is not the name of god : for god ( as the bishop averrs and resolves ) c●nnot be annointed . but the name jesus is ascribed to christ , who is , and as he is annointed , witnesse acts 4.26 , 27. for of a truth against thy holy child jesus , whom thou hast annointed , both herod and pontius pilate , with the gentiles , and the people of is●ael , were gathered together . and acts 10.38 . god annointed iesus of nazareth with the holy ghost , and with power : therefore we must not bow at or to the name of jesus , because it is not the name of g●d , since both the●e texts resolve that god annointed jesus . invert we now the argument against this bishop , and then see what conclusion follows . that name which is the name of god , ●o and at that name we ought to bow : so the bishop argues . but the name of christ , as i have proved , ( especially the names god , iehovah , lord , emanuell , spirit , father , holy ghost , &c. ) are the names of god : ergo to and at them and every of them we ought to bow . again , every name receives its dignity from the person who●e name it is : so the bishop . but every of these names of our blessed saviour , is the name of that person who is god as well as man. therefore to and at every o● these his names we ought to bow , and not at his name jesus only , which principally denotes his humanity . for his thirteenth paradox , that the name christ was comunicated by god to others , but the name iesus not , for that is proper . it contains a double falshood . for fi●st , we re●d of no man or person who is stiled christ , or the christ , or iesus christ , in scripture , but only our saviour christ ; neither find we this single title christ , in our english or latine translations , applyed ●o any but ou● saviour ; nor yet the title of m●ss●as , but to our annointed lord and saviour alone , who was annointed with the oyl of gladness above his fellows . yea although that antient kings , prists , and prophets , might be called christi , because annointed ; yet none of them all were so annointed as the lord christ. for they were annointed with some graces only , in a measure , but christ had the oyl of all graces , without measure ▪ they were annointed some as king and priest only , as melchis●dech ; some a● king and prophet only , as david , some as priest & prophet , as samuell , but christ only and alone was annointed as king , priest , and prophet ; they all only with oyl ; he with the d●●●y it self : so as the name christ in this respect was peculiar to christ alone . thus he was annointed above his fellows ; so as the name● christ is as ( yea more ) proper to him , as the name jesus , which meeteth with the next argument of the bishop . the name jesus was comunicated to ios●ah , and divers othe●s beside and before christ , n●t appropriated to our saviour only . ●hi● the bishop confesseth himself for a truth , which is evident by hebrews 4.8 acts 7.45 . collossi●ns 4.11 . wherefore i shall thus reto●t this hi● p●ime a●gument against himselfe . that name of christ which was comunicated to others by god in sc●ipture , at and to that we must not bow . but this name iesus was communicated to others by god in scripture : ergo , at and to it we must not bow . again , that name which is proper to our saviour only , at and to i● we ought to bow● so the bishop . but the names of christ , messias , emanuell , lamb of god , only begotten son of god , &c. are proper only to our saviour , and not comunicated unto others , ergo at and to them we ought to bow , and not at or to his name jesus . moreover , that name which is prop●r , as the name of iesus is , ( quoth the acute bp. ) is above that which is common , and to be bowed to . but● the name chri●t is as , ●ea more proper him as his name iesus ▪ for he was * annointed above his fellows : ergo to be bowed to as well as the name iesus . again , if this position of the bishop be true , mark the inevitable dangerous consequences , the names iesus , christ , emanuel , father , son , spirit , word , and holy ghost , are all personal and proper to each person of the trinity , ergo they are all to be bowed to , ●nd above the names iehovah , god , lord , and the like ▪ or the deity it self , which ●re common to all three persons in the trinity ; as athanasius creed informs us at large . pretty divinity for a bishop to assert ; yea pretty philosophy , policy and morality too ; for then it will follow , ergo every man 's private person , estate , safety , wellfare is above , and ought to be preferred before the republick which is holden in common . ergo private prayers , ceremonies , scriptures in an unknown tongue , and private masses , ( which are proper to mass priests , who alone communicate , ) are above publick prayers , masses , scriptures in the vulgar tongue , and the communion which is equally distributed unto all the faithfull ; yea private conventicles are above , far better than our publick church assemblies . such are the consequences which will follow , from this new episcopal pa●adox & ratiocination if admitted orthodox again , christ ( saith the bishop ) is annoynted , to what end ? to be our saviour , that is the end then , and ever the end is above the means : and what else ? ergo , iesus is above christ ; the deity annoynting inferiour to the saviour annoynted ; and to mans salvation ; and christ the head and saviour of his church & members , inferiour to his church , members who are saved ; strange heterodox , untheological , if not heretical consequences . to discover falseness , sophisme of this his illogical reason , we must observe , that christs unction was that which authorised him to be a saviour , without which he had been no saviour . now this is a ground in logick and phylosophy , quicquid e●ficit tale est magis tale ; et omni● causa est dignior suo effec●u ; the kings power and authority which makes a man a judge , or officer , is greater , supremer , than the judge or officer made by him ; the deity of christ and of the holy ghost anoynting , is greater than , is above the humanity annoynted ; therefore in this case the deity annoynting being the means , is better , is greater than the humanity annoynted , or the end for which it was thus annoynted , that he might be a saviour to his people ; god being not only the alpha but omega , the end of all his own and our works , actions , prov. 16.14 . rom. 11.36 . revel . 4.11 . c. 1.8 , 11. c. 21.6 . all which texts this bishops paradox contradicts . thirdly , what ? to the 2. syllables or sound of them ? what needs this ? who speaks of sound or syllables ? the text sayth , do it to the name ; the name is not the sound but the sence ; the caution then is easie , do it to the sence , have mind on him that is named , and , then do the name the honor & spare not . if the name be not the sound , or syllables , neither doth the bishop speak of them ; what means then his former reasons , discourses , that we must bow at , and to the name jesus , and that name alone , not to or at the name christ ? if not at or to the name , but the sence only : then the controversie is at an end by his own confession , and so all his former discourses of the names iesus and christ , are to no purpose at all . well , but we must bow to the sence whenever the name is mentioned , &c excellent divinity borrowed from the papists sophistry , who worship the name jesus , the crucifix , and pictures of jesus , the body of jesus in the consecrated host , bread , wafer , pix , only with reference to his person ; which to do ( say they ) is no idolatry . either then the bishop and his followers must approve the popish image-worship , bread-worship , iesu-worship , which * protestants condemn as grosse idolatry , or else disclaim this answer . but admit that the name is the sense , not the sound , what ( i pray ) is the sence of the name jesus to which we must thus frequently bow at every recital of it ? is it onely the person of jesus ? then why should we not bow to every of his names as well as to this , since each of them representeth his person to us as well as this ? but the person of our saviour is only the denominatum , not the sence of the name iesus ; the sence of this name is , a saviour , ( or rather * salvation ) he b●ing therefore stiled iesus , because he shall save his people from their sins , mat. ● . 21 . luke 1.31 . well , admit it , then saviour being the sence , we must all henceforth bow at and to the name saviour when recited , rather than the name jesus . but who thus bows at or to the name saviour , which is the sence of it ? not one ; for none presse nor practise it as a duty , no not the bishop himself . in a word , ‖ ●alvation , rather than saviour is the sence of this name , and who ever worshipped salvation in the abstract , when jesus is pronouned , by bowing at and to the name jesus ? that this is no taken-up worship , &c. but an act of gods own pr●scribing , and a duty of the text , directly set down by god himself , i● but a mere imposture . had it been so , i wonder that the ●postles , the primitive christians , churche● , an●ient fathers , and those who have commented largely on thi● text , were so blind , as not to see this duty , so directly set down by god himself in the text , for many hundred years together ; yea , i wonder much more that * popes , & papists only were so quick-sighted as to be the fi●st de●●●iers of it , even in times of greatest darknesse ! for my own part , since this duty was never discove●ed till of late , and that upon such slender evidence● , reason● produced by the bishop , which are sooner answered than propounded , i shall crave leave to dissent , that it i● a duty of the text , till i see clearer proofs than any yet alleadged by this bishop or hi● followers , so much mistaken in the premise● . i s●all onely adde for a close , that if the bowing ●f every knee , and kneeling at or to the name i●sus when ever mentioned in the church , be a worsh●p of gods own prescribing , and a duty of the text directly enjoyned by god himself , as this bishop positively concludes , then by the self-same text they must likewise kn●el and bow their knees when every tongue confesseth that i●sus christ is lord , in or to the glory of god the fa●her , they being ●oth coupled together in this text , and to be performed with one posture of bowing the knee . hence we read , rev. 4.10 , 11 , 12 c. 7 10 , 11● 12 c. 14.3 , to 9. c. 15 . 3.4● c. 19.4 . that when the 4. beasts and others , gave glory , and honor , and thanks , and prayse to him that sitteth on the throne , and cryed , holy , holy , holy , lord god almighty , which was , and is , and is to come ; the 24. elders , angels and others did all fall down on their faces and knees before him that sate on the throne , and worshipped him that liveth for ever and ever , casting their crownes before the throne , and saying , thou art worthy o lord to receive glory , honor , power and blessing , for thou ●ast created all things ; blessing , and glory , and wisedom , and thanksgiving , and honor , and power , and might be unto our god for ever and ever , amen . the same in substance with gloria patri , &c. and at the communion when the minister and people say , almighty and everlasting god , &c. through iesus christ our lord , to whom with thee ( o father ) and the holy ghost be all honor , and glory world without end , amen . o lord and heavenly father , &c. through iesus christ our lord , by whom , and with whom , in the unity of the holy ghost , all glory and honour be unto thee o father almighty , world without end , amen . glory be to god on high , &c. we prayse thee , we bless thee , we worship thee , we give thanks unto thee for thy great glory , o lord god , heavenly king ; god the father almighty . o lord the only begotten son iesus christ ; o lord god , lamb of god , son of the father , &c. have mercy upon us . for thou only art holy , thou only art the lord ; thou only o christ , with the holy ghost art most high in the glory of glory of god the father , amen . ( the same with phil. 2.9 , 10 , 11. and gloria patri in effect , if not in words . ) they all use and are enjoyned by rubricks to kneel down on their knees , and repeat these prayers , thanksgivings kneeling in all which over-zealous bowers at the name of iesus , usually bow their heads , bodies , whiles kneeling on their knees , when the name iesus is mentioned only , not at any other of his names coupled with it , nor at , to the names of the father and holy ghost rehearsed with it . with what color of scripture , ●ence , reason do or can they then practise themselves , or prescribe to other ministers and all th● people , by n●w rubricks , not joyntly to bow their knees , or kneel and ●all down on them ; but quite contrary , to rise up all together from their very knees and seats , and stand upright upon th●ir feet , without any bowing of their knees or bodyes at every recital , , of glory be to the father , and to the son , and to the holy ghost , as it was in the beginning , is n●w , and ●v●r shall be world without end , am●n . ( repeated at the end of every psalm , hymn , eight or ten times eve●y m●●ning and evening prayer , though no sc●ipture , but a humane invention of * pope damasus , as all acknowledge , at least 376. yea●s after christ ) in direct opposition to the premised texts of the philippian● , revelations , and practise o● the twenty four e●ders , angels , their own and our chu●ches usage , af●er the communion received , and in direct contradiction to * dr. boyes his ●eason for kneeling in the ac● o● r●ce●ving● because thanksgi●ing is a part o● prayer , ●●r which no g●sture is so fit as kneeling ? if standing up at g●oria patri , &c. be a gesture whereby they and others are to glorifie , worship , adore the 3. persons of the trinity , and that equally without distinction , standing up at and to all their names and persons alike ; then falling , kneeling down to , before them , in the use and recital of those other prayses , prayers , doxologies , and at the eucharist , ( quite contrary to , and inconsistent with standing up , and bowing to the name of jesus only when all three persons are joyntly mentioned , worshipped , glorified , praysed , adored , can be no worship of gods own prescribing , nor duty of the text. either therefore they must henceforth disclaim their bowing at the name ●esus , and kneeling at the recited prayers , doxologies and lords supper ; or else bow and fall down , upon their knees , faces ; not stand up at gloria patri for the future , to reconcile these contradictory ge●tures , usages , prescriptions resuting , subverting one the other . that the brazen serpent it self was a taken-up worship , ●ere humane injunction , ( as the bishops words imply ) is a manifest untruth ; for it was a thing of gods own institution , num 21.9 . 2 kings 18.4 john 3.14 . as therfore tha● * serpent was broken in pieces when the israelites began to worship , and to commit idolatry with it ; so ought this bowing at the name of jesus , which is idoliz●d , or superstitiously abused by many , to be abolished too , and so much the rather , because it is but a tak●n-up wo●ship , a humane injunction , introduced , propogated at fi●st by * popes , which hath no warrant at all f●om god , or this text of the philippians . that this bowing to and at the name iesus , as it may be superstitio●sly used , so it may be irreligiousl● negl●cted too . though i belie●e the fi●st part of it to be absolutely true , superstition being defined by isiodor , * angelus de cl●v●si● , and others● to be , a rendering of another kind of worship to god or christ , than he prescribes in his word , or wo●shipping god in another mann●r , according to human inventions ; i shall suspend my belief of the latter clause , till this bowing be proved a religious duty prescribed by god in scripture , by stronger proofs and better evidences than any yet produced by this bishop or his followers . for my own part i yet think there is no religion at all in it , and so , that it can be no irreligion to omit it , that it is rather supe●stition than religion to use it ; and that many have used it , not only superstitio●sly , but idolatro●sly , by bowing to and adoring the bare name and letters of iesus , which occasioned this discourse . to evidence this , i shall in the last place present you with an exact chronological history of the true original , pedegree , and progress of this ceremony , unknown ( i believe ) to most , even of those great prelates and divines , who customarily use it ; who if they had observed that maxime o● aristotle , scire est per causam scire ; that rule they learnt in their grammars ; faelix qui potuit rerum cognoscere causas ; or that gospel precept , 1 john 4.1 . brethren , believe not every spirit , but try the spirits whether they are of god , b●cause many false prophets are gone out into the world : should have first examined , who were the original inventors , propagators of this pretended duty or ceremony , and upon what motives , grounds , designs they first introduced it , before they practised it themselves , or pressed it upon others consciences ; that so they might avoid that censure and danger denounced by our saviour christ himself against the pharisees and their disciples ( who were guided more by ‖ tradition & custome of the elders , than scripture or right reason ) mat. 15.14 . let them alone ; they be blind leaders of the blind : and if the blind lead the blind ( as i fear they do in this particular as well as others , ) both shall fall into the ditch . to avoid which danger , i shall now out of conscience and christian compassion , endeavour to open their eyes , and discover that new light unto them , which god hath revealed unto me , upon my best inquiry after it , for my own private satisfaction and other● instruction ; which i hope will prove a satisfactory apology for the indulgence of christian liberty to all scrupulous tender consciences in this particular , according to his majesti●s late royal declarations . section iii. what was the true chronological , original , beginning and progresse , of the ceremony of bowing at the name of jesus ; and by what popes , popish indulgences , artifices , feast● , councils , authors , it was first introduced , prescribed , propagated ? very necessary for the information of others , and determination of all controversies concerning it . it is an unquestionable truth attested by many fathers , council● , and ecclesiastical histories , a that the primitive christians , and churches of christ , for above 850. years after our saviours birth , in all their assemblies on lords d●●es throughout the year , and between easter and whitsontide , did never use to bow their knees , no not in the very duty of prayer it self , but prayed and performed all other holy duties to god and christ standing , in memory of christs resurrection from the dead : and that all the orthodox christians constantly asse●ted against the arrians , and other hereticks , b that the three persons of the sacred trinity , as they were co-eternal , and co-equal , so they were to be equally worshipped , adored , honoured with one and the self-same worship and veneration ; for which end ( some write ) they invented the use of glory be to the father , and to the son , and to the holy ghost ; and ●aptised all they admitted as members into the church , in their three name● , according to our saviours precept , mat. 28 19. this being undeniable it thence inevitably follows , that during all this tract of time , they never used to bow their knees at or to the name of jesus , when read or rehearsed in their publick assemblies on those daies ; whence it is we find no mention at all of any such duty or ceremony used in any father , council , * historian , or other author , for above a thousand years after christ , who doubtlesse would have recorded it , especially in their commentaries on isaiah 45. 23 ▪ and phil. 2.9 , 10 , 11. had there any such practise been used , or duty or ceremony prescribed by these texts , as some late divines a verr , without any prose or shadow of authority . pope iohn the 20. who swayed the popedom about the year 1030 is the first i read of ( and that only in one late protestant writer , but no other author , who as i suppose mistakes pope iohn the 20. for 22. of which * hereafter , out of salmeron the jesuit ) that set a●roach this ceremony of bowing at the name of iesus : of whom sir edwin sands , in his europae speculum , hagae 1629 page 16 ▪ writes thus . by grant from pope john the 20 th ● every inclining of the head at the name of i●sus , gets 20 years pardon ; a matter in italy no not to this day unpractised . and to grace that ceremony the more , i have heard sundry of their renowned divines teach in the pulpit : that christ himself on the crosse bowed his head on the right side , to reverence his own name jesus which was * written over it . ( a monkish fable ) this is the highest pedegree of this late upstart ceremony , that i have hitherto met with . petrus bles●nsis arch-deacon of bathe , who flourished about the year 1160. a sermo 28. de a●sumpsione b. mariae , hath this ensuing passage . non frustra consuevit eccl●sia intercessionem beatae virginis affec●uosius caeter is implor are , ita quod audit● ejus nomine b genua terrae affigat ; imo pro nominis reverentia quasi mare confrag●sum sonant vota populorum . and in the margent there is this note , mariae genua flectuntur . which passages seem to imply , that men did then use to bow the knee to , and do reverence at the name of the virgin mary : but that they did so at the naming of iesus , i find no authority at all in this writer . lucas tudensis , who wrote about the year of our lord , 1220. adversus albigensium errores , c lib. 2. cap. 14 writes thus . qui humilitate superbiae principem vicit , humilitate nos contr● potestates aerias semper pugnare docuit : quod ipse & fecit t●mpore carnis suae quando non recto capite , sed inclinato emisit spiritum . inclinenius nos & illi capita nostra , non solum mentis , sed & corporis , laudes & gratias persolventes , eiqui pro nobis peccatoribus se misericorditer inclinavit . sed sunt nonnulli qui superbiae spiritu tumefacti , ( de quibus valde dolendum est ) qui etiam cum ‖ gloria , vel laus deo recitatur in ecclesia , contemnunt , aut erubescunt , regi regum iesu * christo inclinare ; coram transeunte cruce , vel christi evangelio non assurgunt : in celebratione missae sacerdote se ad eos vertente & dominum annunciante inclinari contemnunt : ad benedictionem pontificis caput nudare negligunt ▪ & quod omnino nesarium est , & haeresi proximum , cum elevatur corpus christi à sacerdote in sacratissimo ministerio missae , vel alias defertur , erubescunt vel refugiunt suppliciter adorare . hoc max. no●nulli faciunt curiales , qui consuev : terrenis principibus flexis genibus & nudo capite ministrare , o stulta dementia , &c. hunc er●o tantae promissionis accepta fiducia totis nisibus col●●demus : illi simplicitate recta humiliemur , illi mentis & corporis capita non verecundemur nudare & inclinare , quia deus fortis pro nobis infirmis se inclina vit ; ut homo infirmus fie●et , ut humana firmitas soliditate perpetua firmaretur . a passage which may happily imply , that in those times men did use to bow their heads ( not knees ) to jesus christ the king of kings , who bowed his head for them : but this was not as i take it , at every recital of his name jesus in the epistle , gosple , masse , sermons , or prayers in the church ( of which there is not a sylable in this author ) but at gloria patri , the lifting up of the hoas● in time of the masse , or at the passing by of the sign of the crosse , or host in procession , as the sence and words import . sanctus franciscus , st. francis , the arch-freer , who lived about the year 1230. in his litera ad sacerdotes , hath this ensuing clause , * salutem in eo qui redemit & lavit not in sanguine suo : cujus nomen audientes adorate eum cum timore et reverentia proni in terra ; dominus iesus * christus , altissimus filius nomen illi , qui est benedictus in secula , amen . which implyes an injunction from this arch-freer , st. francis , to those of his order , for adoration of the lord jesus christ at that time , by bowing their heads with fear and reverence to the ground , when these his names were mentioned all together . * freer david de augusta : who flourished about the year 1240. de 7. processibus religiosi , cap. 11. writes thus , sunt exteriores caeremoniales observantiae ; ut inclinationes , genuflectiones in horis , pulsationes , & omnes gesticulationes , quibus claustrales utuntur in divino offi●io , vel aliis , quibus saepe minus virtuosi majorem vim faciunt , quam aliqui perfecti , & magis devoti . which seems to imply , that monks in those daies ( for of them he writes ) did use duckings and gen●flections , either to the host , the crucifix , the altar , and it may be to the name of jesus , though not particularly expressed ; in which ceremonies , the less vertuous , saith he , were for the most part more devout than the most religious : ‖ pope vrban the 4th . about the year 1262. ( as some report ) gave an indulgence of 30. daies to all confessed and holy contrite persons , who devoutly bowed to the name of the lord iesus . these are the only passages i find in all antiquity before the councill of lions , which gave any probable colour to the use or practise of this ceremony ; which was never established in the church , till pope gregory the 10th . his papacy ( to whom most ascribe its very original ) who in the popish council of lions , in the year 1273. made this decree . d decet domum domini sanctitudo : decet ut cujus in pace factus est locus , ejus cultus sit cum debita veneratione pacificus . sit it aque ad ecclesias humilis & devotus ingressus ; sit in iis qui●ta conversatio , deo grata , inspicientibus placida , quae considerantes non solum instruat , sed & reficiat . convenientes ibidem nomen illud , quod est super omne nomen , a quo aliud sub coelo 〈◊〉 datum hominibus , in quo salvos fieri credentes oport●●● , nomen videlicet jesu christi , qui salvum faciet populum suum a peccatis eorum , exhibitione reverentiae specialis attollant : & quod generaliter scribitur ; ut innomine jesu omne genu flectatur , singuli singulariter in seipsis implentes ( praecipuè dum aguntur missarum sacra mysteria ) gloriosum illud nomen quandocunque recolitur , flectant gen●a cordis sui , quod vel capitis inclinatione testentur . this is the highest antiquity , that any e papist or iesuito hath hitherto found out , to justifie their bowing at or to the name of jesus . yet this constitution binds men onely to bow the knees of their hearts , ( not of their bodies ) at the naming of jesus , and of christ too ; ( and that especially whiles the masse is acting ) which bowing of the heart they must testifie , by the inclination of their heads , not bowing of their knees . after this , pope f iohn the 22. about the year 1330. to induce men to the practise of this popish ceremony , did ( as salmeron the jesuite records ) grant 200. dayes of true indulgence to all who should bend their knees , or incline their heads , or knock their breasts to or at the name of iesu● . therefore it was then no received duty of the text , this pope enducing the people to use it , only to gain his indulgences . anno 1350. * robert holc●t our popish schoolman in his lectures upon the book of wisedom , writes thus of this name and ceremony a s●c●ndum nomen tuum deus , sic & laus tu● in fines terrae . hoc b nomen est iesus : de quo math. vocabis nomen ejus jesus , ipse enim s●lvum faciet populum suum a peccatis eorum . solent enim multum amantes de personis amatis facere cantilenas , eorum nomina exprimendo . igitur de hoc nomine iesu , idem faciamus●●●xta illud psalmi ; laudabo nomen domini cum cantico , & mag●●●●abo ●um laude . est igitur notandum , quod illud nomen , est nomen honoris & excellentiae . phil. 2. dedit ei nomen quod e●t super omne nomen , ut in nomine jesu omne genu flectetur co●lestium , terrestrium , & infernorum . vnde secundum sacros canones , quando hoc nom●n i●sus pro●ertur in ecclesia , omnis christianus inclinari docetur cum capite ; quamvis tàm hoc , quàm multa alia spiritualia in quibus lucrum divitiarum non consistit , a praelatis hujus temporis negliguntur . whence it is apparent , 1. that he deemed this ceremon● no duty of the text , but a thing only injoyned by the canons forecited . 2ly . that this ceremony , though injoyned by canon , was yet wholly neglected and not used nor urged by the popish prelates of his age ; why then should any protestant bishops presse it now ? 3ly . that in those times men were only required to bow their heads , not knees , at the naming of jesus ; a thing not prescribed , by this text of phil. 2. which speaks only of the knee . 4ly . that lord , god , are the names mentioned , ps. 48.10 . not iesus . since he , about the year 1430. one bernardinus of sennes a franciscan freer , and a popish g canonized saint , a great lover and admirer of the name jesus , h did earnestly exhort the people in all his sermons and publick exhortations ( especially in his 49. sermon now in print , de glorioso nomine iesu christi , wherein he attributes what ever the scripture speaks of christ himself to his very name iesus , as h stengelius with others since have done , to make an idol of it ) that they would give devotion , bowing and reverence to the name of jesus , which is above every name , in which every knee doth bow , of things in heaven , and things in earth , and things under the earth : neither is there any oth●r name under heaven given to men , in which they can be saved . this supe●stitious , popish fryer in his 49. sermon w●ites , that the name of jesus was adored and worshiped of all creatures , that every creature did bow its knee to his name ; when as miracles are daily wrought in the creatu●e in his name : that jesus is a glorious name , and wor●hy of all worship ; whence it may worthily and truly be said , and devoutly believed , that when paul was rapt into paradice , and heard secret words , which are not lawfull for any to utter , he then p●rfectly learned , that the name iesus was to be adored of all men . therefore retu●ning from heaven , and remembring the foresaid words , and how all the glorified citizens in heaven bowed their knees and worshipped i●sus , at the recital of this his name , and under●tanding that all infernal spirits , and those who are yet travellers upon earth ought to do the lik● : he commanding all men in the spirit of god , writ in this text of phil. 2.9 , 10 , 11. that in the name of iesus every knee should bow , of things in heaven , earth , and under the earth , &c. which the church , willing to have every man observe , commanded men to bow the knees of their hearts in the time of mass when the name jesus was mentioned , citing the canon of the council of lions , ( ‖ forecited ) to prove it . and the better to d●aw the people to ado●e & bow to the name of jesus , he i did use about the end of his sermons , to shew unto them a picture , in which the name jesus was written in golden letters , enclosed on every side with sunne beames ; or a glory : which pictured name ( the 12 ▪ rayes whereof he expresseth in his se●mon ) the people beholding did most devoutly adore , with bended knees . for which fact of his being complained against by some who maligned his fame , to pope martin the 5th . this pope when as he had heard his answer , gave him free liberty , not only to preach , but likewise to carry about and shew unto the people this picture of the name of jesus . from a which pattern of his , all pictures of the name of jesus , both in glasse-windows , popish authors , masse-books , & elsewhere , were at first derived . indeed b antoninus records , that pope martin enjoyn'd him that he should no more shew this picture unto the people , left some superstition , or scandal should be raised in the church by this his novelty : which injunction he obeyed . but pope clement the 7th . ( as c molanus records ) at the request of the freers minorites , ordained , that all thei● order , and the nuns of the order of st. clare , should use this picture of the name iesus , which they were backward else to use . this ceremony , it seems , was not yet so generally received as the papists did desire , and therefore the popish council of basil , anno dom. 1431. d sess 21. tit. quomodo divinum officium in ecclesia celebrandum sit : decreed , that all canonical persons , in all cathedral and collegiate churches , whiles they were saying their canonical hours , when the glorious name of jesus was named , should bow their heads , ( not knees : ) the words of which dec●ee are these , statuit igitur sancta synodus , ut in cuncti● catbedralilus ac collegiati● eccl●s●is , &c. hor as canonicas dic●uri , &c. cum dici●ur gloria patri , filio , & spiritui sancto , omnes consurgant cum nominatur gloriosum illud nomen iesus , in quo omne ge●● fl●ct●tur coelestium , terrestri●m , & inferno●um , omnes capu● inclinent . about the yea● of our lord 1490 ▪ michael le●hmair , doctor of divinity , and of the pope● canon law , & eccl●siae pata●●●●si●● anoni●●● , in his 20. se●mon , de c●r●oncis●one domi●● , k. i. writes thus of the vene●ation of the name ●e●us , and what indulgences were g●anted by ●eve●all pope● to s●ch who bowed to it . 〈…〉 & vene●a●● deben● nomen iesu ad ●o● 〈…〉 , & ●nclinatione : the ●●st whereof he thus proves and prosecutes . quarto , inclinatione , prout docet apostolus ad phil. 2. in nomine jesu omne genu flect●tur coelestium , terrestrium , & in●ernorum : et lic●● ub●cunque auditur nominari hoc pret●osum nomen iesus , debeamus caput ( not g●n● ) cum maxima reverentia inclinare , hoc tamen pr●cipue est ●●en●●m in ecclesia , pra sertim dum celebrantur ●●ss●rum solennia . ita statuitur in c. decet . de immun . eccl. l. 6. vbi dicit textus , convenientes fideles in ecclesia ; gloriosum illud nomen jesus quando●unque ●ecol●●ur flectant genua * cordis sui , quod capitis inclinatione testentur ; propterea summi pontifi●●s plur●mas concesserunt indulgentias ●is qui se d●vote et reverenter inclinant audiendo in eccles●a hoc nomen iesus . vnde re●ert petrus de palude , lector palaci● romae , postea cardinalis , in expositione psalmi 123. quod dominus hof●ien . cardinalis praedicans publicè in sermone , dixit , quod vidisset bullam apostol●●am in qua concessae fuissent indulgentiae unius anni of 40. di●rum , flectenti genua ad nomen domini iesu. item dominus urbanus papa quartus , omnibus vere confessis et contritis dedit 30. dies indulgentiarum . ad quod johannes 22. sermonem ad populum faciens avinione , adjecit dies totidem . et ●ic sunt 60. dies totiens quotiens quis devote dixerit ( not genua flexerit unto ) iesus christus , in fine salutationis angelicae . he immediately subjoyns . item clemens 5. in concilio viennensi , dedit etiam unum annum indulgentiarum de sancto evangelio . in principio ●rat verbum , &c. quicunque legerit vel audierit post benedictionem in missa , in memoriam & gratiarum actionem dominicae incarnationis , a qua fluxit fontaliter sal●● humani generis . et quicunque in fine cum dicitur ; et verbum caro factum est , geniculaverit , crucemque cum osculo fecerit , habet 40. dies indulgentiarum : & sic de hoc evan●elio habentur indulgentiae unius anni & 40. dierum . ide●●● symbolo niceno cum in missa legitur vel auditur ; et homo factus est . ex his ha●etur quantum reprehendendi sunt qui audit● missa vix expectant sacerdotis b●nedictionem , non curantes hujusmodi indulgentias , nam et laici videntes sacerdotes genua flectere , s●militer facere deberent , et per hoc se reddere participes illarum indulgentiarum . here we have the full true pedigree and progresse of bowing at the recital of the name of jesus , & other sentences of scripture , especially in the celebration of the masse , and the several indulgences granted by successive popes , to induce the people to the practise of these genu-flections ; which yet he complains many then neglected , not caring for these large popes indulgencies , purchased at so cheap a rate , as the bare bowing of their heads or knees , as aforesaid . not long after this , about the year of christ 1500. or sooner , the popes , with some popish prela●es , priests , and monks , when their indulgencies would not prevail so much as they expected , to draw the people to these genu-flections , and induce them to a more constant universal adoration of , and bowing to the name of jesus , compiled a particular psalter , which they intituled iesus psalter , printed at antwerp 1505. in latine , since translated into english by laurence kellam , and printed at the end of his manuel of prayers , duaci 1603. which psalter begins thus . phil. 2. in nomine jesu omne genu flectatur , coelestium , terrestrium , & infernorum ; & omnis lingua confit●atur , quia dominus iesus christus est in gloria dei patris , which is likewise repeated after the first and tenth petition . it consists of 15 petitions , the 1 : petition is , iesu , iesu , iesu , mercy ; 10. times repeated one after another , without intermission : the 2. petition , iesu , iesu , iesu , help me ; the 3. petition , iesu , iesu , iesu , strengthen me ; the 4. petition , iesu , iesu , iesu , comfort me ; the 5 petition , iesu , iesu , iesu , make me constant and stable ; the 6. petition , iesu , iesu , iesu , light me ; the 7. ●etition , iesu , iesu , iesu , grant me grace to dread thee ; the 8. petition , iesu , iesu , iesu , grant me to love thee ; the 9. petition , iesu , iesu , iesu , grant me grace to remember thy death ; the 10. petition , iesu , iesu , iesu , send me here my purgatory ; the 11. petition , iesu , iesu , iesu , grant me grace to flee evil company ; the 12. petition , iesu , iesu , iesu , grant me grace to call for help to thee ; the 13. petition , iesu , iesu , iesu , make me to persever in vertue acceptable unto thee ; the 14. petition , iesu , iesu , iesu , grant me grace to fix my mind on thee ; the 15. petition , iesu , iesu , iesu , give me grace to order my life to thee . each of these 15. petitions are thus trebled ten times over one after another , the name jesus being 30 times repeated together in each petition , and 54. times more in other larger petitions , between each of these , in all ‖ 504. times , but his name christ not once mentioned , nor any other of his names but lord alone , and that rarely ; which name jesus is as oft to be bowed to & adored as thus recited , by their injunctions , canons , to wit , 504 ▪ times in one half hour . moreover to propagate this ceremony and bowing to and at this name , they not long after compiled * 5. speciall psalms , in honorem nominis iesu , with the letters i. h. s. and a crucifix in the midst of the h. prefixed to them ; together with letaniae de nomine iesu , wherein the name jesu is repeated no lesse then 74. times together , with several titles added to it , as i●su potentissime , iesu perfectissime , &c. miserere nobis , libera nos i●su , parce nos iesu , exaudi nos iesu , &c. at the end whereof follows this prayer for those who devoutly adore and bow to the name iesus upon earth . ‖ god , who hast made the most glorious name of iesus christ ●hy only son amiable with the chief affection of sweetnesse to thy faithfull ones , and dreadfull and terrible to evil spirits , mercifully grant , that all those who devoutly * worship this name of iesus on earth , may receive the sweetnesse of its holy consolation in this present world , and in the world to come may obtain the joy of endlesse exultation and blisse in heaven , by the same our lord iesus christ thy son. the benefit of which masse-prayer , our modern advocates for bowing at and to the name of jesus , with all their over-zealous proselytes , may do well to claim . about the year 1510 richardus hampole an english popish priest writ a treatise , ‖ de veneratione nominis iesu , mentioned by bishop bale ( and if i mistake not ) extant in his opuscula varia , ms. in the famous university of oxford ) to promote the adoration of , and bowing at and to the name of iesus . not long after ( as i conjecture ) there were special liturgies , compiled and published for the self-same end by the popes and popish priests direction , intituled , * litaniae passionis domini nostri iesu christi ; beginning with this text of phil. 2 8 , 9 , 10 , 11. ( recited at large ) wherein the name iesus is repeated no lesse than 164. times one after another , with miserere nobis iesu , liberanos iesv , ●xaudi nos jesu , subjoyned to each petition , as in the precedent liturgies of the name jesus . they likewise then compiled printed , published , used horae de nomine iesu , & dulcissimi nominis iesu. and , vesperae in veneratione nominis iesu , editae à devoto ricardo de hampole , printed in horae beatitissimae virginis mariae ad legitimum ecclesiae sarisburiensis ritum , parisiis 1519 f. 169 , 170 , &c. in which i find on the 7th . of august , in the kalendar printed with it , and in other popish kalendars , a special feast , dedicated likewise to the name of jesus , intituled , festum dulcissimi nominis iesu , minus duplex ; which feast pope clement the 7th . ( about the year 1524. ) as stengelius , and d molanus inform us , appointed to be generally observed as minus duplex , a lesse double festival , famous among many churches , and amongst the common people . thus one superstition , idolatry to this name , begot another . these popish letanies , howers , vespers , psalters , festival of the name jesus , purposely invented to promote its adoration , to which the people were formerly very backward , brought bowing to it into general practise & request in most churches then leavened with popery , the priests and people usually bowing their heads , knees , and putting off their hats to it when rehearsed in epistles , gosples , masses , sermons , and divine offices . and hereupon the provincial popish council of sienna , or sennes , in the year 1524. ( following the pattern of the council of basil ) decreta morum , c. 18. established the use of this ceremony , in all collegiate & cathedral ( not other ) churches , in these following words , vizt . ‖ et ut in majoribus ecclesiis cultus dei vivi sanctior , juxta majorum traditiones in melius reformetur : statuimus , ut in cathedralibus & collegiatis & conventualibus ecclesiis , horis debitis , &c. horas autem canonicas dicturi , &c. cum nominatur illud nomen gloriosunt , iesus ; in quo omne genu flectitur coelestium , terrestrium & infernorum , omnes caput ( not genu ) inclinent . and decreta * fidei c. 14. this council also draws this argument from this very ceremony , to prove the lawfulnesse of worshiping the image of christ & saints . et nos quidem non quasi ante divinitatem , ante imagem prosternimur ; sed illum adoramus , quem per imaginem aut passum , vel in throno sedentem , recordamur . et dum per ipsam picturam quasi per scripturam , ad memoriam filium dei reducimus , animum nostrum de resurrectione laetificat , aut de passione mulcet , non majore quidem idolatriae periculo , quam cum nomine iesu omne genu flectitur coelestium , terrestrium & infernorum . quem enim vocabula cursim auribus insinuat , hunc eundem fidelibus oculis imago sedulò repraesentat , &c. in the year of our lord 1526. the synod of carnotum ( or chartres ) in france , ‖ decreed thus for the use of this ceremony . nullus in ecclesia maximè dum sacra aguntur ambulet , v●getur , aut discurrat . magis autem monemus omnes & singulos ut illis ecclesias ingredientibus sit bumilis & devotus ingressus , & intus quieta conversatio , intontis precordiis , devotis insi●●ant orationibus , & dum sacra aguntur , gloriosumque nomen jesu recolitur , flecta●t audientes genu● , aut capitis inclinatione suam salvatorem testentur . not long after this , the diocesan popish synod of ‖ augusta , anno 1548. cap. 23. in more obscure terms , prescribed this bowing , &c. to all ecclesiastical persons , not only at the recital of the name of the body or bloud of christ ( not jesus ) but of the virgin mary too . the can●n runs thus : cum autem deo opt. max. creatori & redemptori suo honorem , timorem & reverentiam homo tanquam creatura habeat ; multosque videmus ea in re damnata ignavia de●ides esse ; omnibus ecclesiasticis personis nost●ae dio●oesis distinctè p●aecipiendo mandamus , ut post haec summa pietate deum ubique & honorent , & timeant , praecipuè vero in templo humiliter revereant●r & vene●entur . et quum in nomine domini nost●i jesu ‖ ch●isti omne genu co●lestium , terrestrium & inferorum flectendum sit ; volumus , ut omnes quotiesc●nque in sac●i● concionibus , aut missis nomini● sa●gui●is vel corpo●i , ‖ christi , a●t dei genetricis mariae virgini● fiat mentio , a●t quando canticum , gloria in excelsis , aut gloria tibi domine , aut evangelii initium , aut nativitatis * christi ex virgine , & inca●natio in symbolo , aut gratiarum actio in p●aesatione , aut h●j●smodi alia in divinis officiis canuntur , vel commemorantur , detecto capite , genibusq●e flexis , ante ‖ altare , vel ut locus tempusq●e postula verit , deo ( ma●k it , not to the name iesu● ) rev●rentiam exhib●ant debitam , & populum ad ejus rei imita●ionem ve●bis factisque commoveant atque hortentur . here are more bowings prescribed than to the name o● i●sus only . the very next year a●ter , in the provincial popish synod of | mogun● or m●ntz , under sebastian the archbishop , anno dom. 1549. cap. 59 ( not anno 813. as some mistake it , and ●o make this ceremony above 400. antienter than it is ) which hath ●his title to it . m●ssa , quo gestu , & qua devotio●e audienda : this ceremony was thus enjoyned : sedulò commonendus est populus fidelis , clerici etiam per p●aelato● debit● animadversione inducendi , ut in celebratione missarum , adversus tantum myste●ium , quantum quisque que per valitudinem potest , etiam corporis gestu reverentiam quandam adhibeant : videlicet , ut dum in collectis , pro communi orbis terrarum incolumitate ad deum preces funduntur , ipsi quoque tanquam hujus sac●ae communionis cives , suas p●aeces cum oratione publica conjungant , & vultu ad ‖ altare verso , aperto & demisso capite stantes , gestum orantibus convenientem prae se fe●ant . pa●i ●eligione ad nomen salvatoris nostri iesu ‖ christi , similiter ad evangelium , magnificat ; benedictu● , nunc dimittis , gloria in exce●si● , gloria pat●i , caeterasque id genus officiorum partes , sic genuum flectione , ape●tione capitis , ac totius corpo●is gestu se componant , ut ad ea quae ibi aguntur animum intendere videantur . thomas beacon in his displaying of the popish masse , ‖ printed in the year 1563. writes thus , this use is observed at this day in the popish masses , the people stand up when the gosple is read , and make courtesie when they hear the name of iesvs , but they understand not one word . in the roman missal , reformed and set forth by pope pius the 5th . anno dom. 1570. among ritus , celebrandi m●ssam , i find this rubrick , ‖ de ordine sedendi , standi , genuflect●ndi in missa ; wherein there are these directions and prescriptions , when the mass-priest in saying his masse , or the deacons and people , ought to bow the knee . gen●flectit qu●ndo oportet , genuflectit quando legitur ev●ngelium . in principio , ad illa verba : & verbum caro facta est . & evangelium cum natus esset jesus , ad illa verba in fine : & procidens adoraverunt eum . item evangelium feriae quar●ae post dominicam qu●●tam quadragesimae , ad illa verba in fine : & procidens adoravit e●m . et cum diaconus cantat illa verba , ipse versus librum , celebrans & circumstantes versus altare gen●flectunt . subdiaconus vere tenens librum , & acolythi candelabra , non genuflectunt . item genuflectit in dominica palmarum , & in missis de cruce ad illa verba in epistola , in nomine iesu omne genu flectatur : et ad passionem quando christus expi●avit . item quando legitur passio , ad illa verba expiravit . from which passages it is very observable , 1. that the roman missal it self , though reformed by the decree of the council of trent , and this popes command ; and since revised by pope gregory the xiii . anno 1573. doth not promiscuously enjoyn the priest , deacon or people to bow their knees at every recital of the name of jesus in the epistle , gosple , or masse , though enjoyned by the forecited popes and popish councils , and then ▪ commonly practised by the ignorant lay-people , who understood not what was read in an unknown tongue . 2ly that it prescribes the priest and people to bow their knees at the ●ecital of these several intire sentences in the gosple , masse and passion : and the word was made flesh ; and they fell down and worshipped him ; and falling down he worshipped him ; he gave up the ghost : not at the bare mention of any of christs names ; nor yet at this sentence , when iesus was born ; though his name iesus be mentioned the●ein . 3ly . that on palm-sunday it self , and the masse of the crosse ; when this very text of phil. 2.9 , 10 , 11 ▪ that in the name of iesus every knee should bow : it prescribes the priest to bow , not at or to this bare name jesus ; but at the recital , end of the intire clause and words , as ad illa verba in epistola resolve , and assure us , not at every mention of his name jesus . in missa votivae de s. cruce , p. 54. at the end of this missale romanum : this text of phil. 2. v. 8 , 9 , 10 , 11. is read as the epistle : and over against these words , vt in nomine iesu omne genu flectatur coelestium , terrestrium , & inferuorum , there is printed in red letters in the margin , hic g●nv flecti●vr , to wit , after the recital of all the intire sentence , not at the very pronunciation of the name iesus , much lesse unto it at every recital thereof . after which follows these versicles , dulce lignum , dulces claves , o crux benedicta , quae sola fuisti digna sustinere regem coelorum & dominum , allelujah . dicite in gentibus , quia dominus regnavit a ligno : allelujah . adoramus te christe ( not jesu ) & benedicamus tibi , &c. tuam crucem adoramus domine ; not his name jesus when mentioned in any of the prayers of this masse , but his title dominus , no lesse than 3. several times repeated . so as the compilers of this masse , these prayers , of missa votiva de s. crvce , & festum duplex triumphi crvcis , reputed not the name iesu , the name above every name intended in this text , but his name lord , which every tongue shall confesse , quia dominvs iesus christus in gloria est dei patris , as they all read this text ; upon which they also ground their adoration of the crosse of christ , and this prayer for its adorers , inserted into missae propriae sanctorum hispan . p. 114. deus , qui per crucem tuam populo in te credenti triumphum contra inimicos concedere voluisti , quaesumus , ut tua pietate adorantibus crucem , victoriam semper trib●as & honorem . qui vivis & regnas ; as other papists ●ounded their * formentioned iesus psalter , psalmes in honorem nominis iesu , litaniae de nomine iesu , horae de nomine iesu , vesperae in veneratione nominis iesu , festum minus duplex de dulcis . nomine iesu ; and a prayer for those who adore the name iesus thereon ; all standing on the self-same basis , equally admitted , embraced , or rejected upon the self-same grounds ; which i desire all considerate conscientious protestants seriously to observe , who may as justly adore the cros● as name of iesus . in the year of our lord 1578. * synodus ebroicensis held in france , made this decree for all church-wardens under their popish jurisdiction to put in execution . editui circumspiciant quid quisque aget in ecclesia , & quomodo se g●rat a minimo usque ad maximum ; si ●aput aperiat , genua cum opus est flectat , officio divino animum & aures adhibeat , si orationi incumbat , agente●● contraria cum aliquae reverentia & modestia objurgent , & ad officium cogant : the intent of which canon perchance extends to bowing the knee at the n●ming of jesus , and the virgin mary , as well as to kneeling at collects and prayers . the popish council of rhemes since that , viz. anno domini 1583. as a bochellus records , made this decree or canon following : in pronunciatione nominis iesu , & cùm dicitur versus , gloria patri , capu● aperiant & inclinent . that in the pronouncing of the name jesu , and when the verse , glory be to the father , was said or read , men should uncover and bow their heads . which canon extends not unto women , b who ought not to uncover their heads in the church , much lesse to come thither like so many strumpets , with c cut , broidred , powdred hair , as our viragoes do of late : whereas the words of phil. 2.9 , 10. in the name of iesus every knee should bow , extend to women as well as men , and rather to womens bowing , ( who in their courtesies bow both their knees full low ) than to mens ; who in their common courtesies or legs at the name of jesus , or to men bow d only one , not both their knees : whereas this text requires every knee to bow , and so enjoyns the bowing of both knees , not one alone ; the courtesies of women , not heads , caps , or legs of men , here prescribed to bow at gloria patri . the popish council of bitures , alias e concil . bituricense , the very next year following : viz. anno domini 1584. promulgated this canon to the like effect . in fine psalmorum , & ubicunque gloria sanctissimae trinitati redditur , omnes consurgant , & in invocatione ●ominis iesu , genu flectant : which may be construed as well of kneeling only in the invocation of the name of jesus in prayer , as of bowing at the pronunciation of his name jesus . besides these severall popish councils , the sorbonists about the year 1540. from phil. 2.9 , 10. as mr. calvin , marloret , and * others on that text record , began to publish and teach this doctrine , that as oft as the name of iesus should be m●ntioned , ( as in some portuasses and masse-books it is repeated f 20 , 30. yea 504. times together ) so often men must bow their knees : for which doctrine , write calvin , marloret , ●nd bishop alley , they are more than ridiculous . plusquam ridiculi sunt sorbonici sophistae , &c. after these , the rhemists about the year 1582. in their notes in their rhemish testament , on phil. 2.9 , 10. g sect . 2. and on apoc. 13. sect . 7. set on this ceremony in an higher strain , where they write thus . by the like wickedness● the protestants charge the faithfull people for capping or kneeling , when they hear the name of iesus , as though they worshipped not our lord god therein , but the syllables or letters , or other materiall elements , whereof the word written or spoken con●isteth : and all this by sophistications to draw the people from due ho●our and devotion toward christ iesus , which is satans drift , by putting scriples into poor simple mens minds , about his sacraments , his saints , his h crosse , his name , his image , and such like , to abolish all true religion out of the world , and ●o make them plain ath●i●●s . but the church knoweth satans cogitations , and therefore by the script●re and reason , warranteth and teacheth * all her children to do re●erence wh●●soever iesus is named , b●cause catholicks i do not ho●our these thing● , nor count them holy for their matter , colour , sound and syllables , but for the respect and relation they have to our saviour , bringing us to the remembrance and apprehension of christ , by ●ight , hearing , and use of the same signs , else why make we not rever●nce at the name of jesus the son of syrach , as well as at iesus christ ? and it is a pitti●ull case to see these prophane subtleties of hereticks to take place in religion , which were ridiculous in all other trade of life . when we hear our prince or soveraign named , we may without th●se scruples do obeysance . but towards christ it must be superstitious . and here it is much to be noted , that the protestants pulling down the k image of christ out of all churches , and the sign of the crosse from mens foreheads , and taking away the honour and reverence of the name of iesus , do make room for antichrists image , and mark , and name . thus the rhemists , whose steps and genius some modern protestant advocates and patrons of bowi●g at the name of jesus , do follow to an hairs breadth , though * dr. fulk , in his answer to the rhemish testament , notes on phil. 2. sect . 2. and on apoc. 13. sect 7. dr. whitaker in his answer to william reynolds the rhemist , cantab. 1590. p. 398 , 399. mr. cartwright in his answer to the rhemish testament , l notes on phil. 2. sect . 2. and elsewhere , dr. willet in his synop●is papismi , century 2. error . 51. dr. ayri● in hi● lectures on phil. 2.9 , 10. and above all other , that reverend father of our church , gervase babington , bishop of worcester , a professed opposite to this popish ceremony , in his exposition of the catholick faith , in his works in folio , london 1622. part 2. page 195 , 196 , 197. expresly condemn this doctrine , this ceremony of theirs , as a grosse ridiculous popish error , which is no wayes grounded on phil. 2. vers . 9 , 10. as all these , together with pareus , m commentariu● in cap. 14 ad romanos , vers . 11. col. 1475 , 1476 , 1477. iohannes brentiu● , in his n explicatio in epist. pauli ad philip. cap. 2. vers . 9.10 . ( who writes thus , quod a●tem paulus ait , vt in nomine jesu omne se genu ●lectat , &c. non sic intelligendum est , quod necessarium sit , ut prolato hoc nomine , homines semper externae genua fl●ctere debent , haec est quidem puarilis caeremonia , & propter pu●ros usurpanda aliquoties , &c. ) calvin , marlorat , olevian , beza , on phillipp . 2. ver . 9 , 10 , 11. iohannes piscator , o scholia in cap. 2 ad philip. vers . 9 , 10. pag. 1166. and obser. 6. ex vers . 10. pag. 1162. to omit all others formerly quoted , do largely prove : pope clement the 8. anno domini 1600. corrected and published his p caeremoniale episcoporum , which he prescribed to be used in all churches , especially metropolitan , cathedral , and collegiate , without alteration or addition thereunto , as his bull prefixed to it attests ; afterwards dedicated to , and approved by pope vrban the 8. in this caeremoniale l. 2. c. 8. de missa solemni episcopo celebranti , p. 206. there is this pres●ription to the deacon who reads the gospel in the masse , celebrated by the bishop . tunc manibus junctis pro sequitur evangelium , et cum profert nomen iesu , vel mariae , inclinat se , sed profundius cum dicit iesus , quod et omnes faciunt . but this bowing is only when the gospel is reading , and that to the name of mary , as well as of iesus , but somewhat lower to the name of iesus , then of mary . since these , i find some private popish authors , ( especially the iesuits , who deriving their name and order from the name of iesus , do most stickle for this bowing at and to the name iesus ) who have q written in defence and patronage of this popish ceremony . as namely one alphonsus salmeron a famous jesuit , in his works at large 1612. tom. 1. prolegomenon . 24. de dignit . & majest . evang. p. 387 , 388. writes thus , that certain popes of rome , ( forecited by lochmair , and among the rest , r pope iohn the 22 who granted an ●ndulgence for 200. dayes to all who should either bow their knees , or incline their heads , or knock their breasts at the name of jesus ) have taught , that men are to bow their heads or knees at the naming of iesus , to represent the great humiliation and exaninition of christ : and that a certain monk was ●●ffed by the s devil ( not by christ , which is observable ) for omitting this bowing , &c. and operum tom. 3. tract . 37. vocatum est n●men ejus iesus . p. 335. he records , that the name of iesus is worthy all worship , genu-fl●ction , and adoration , in whi●h name paul would have every knee to bow , both of things in heaven , and things in earth , and things under the earth . for this name , whether it be pronounced with the mouth , or heard with the ear , or t where ever it is written , painted , or ingraven , is worthy divine worship ; not for the bare word , writing , or picture it self , but for the signification of it ; as u the crosse and image of christ are deservedly adored with the worship of lat●ia , for the type and mystery represented in them , &c. the same doctrine we shall find in cornelius a lapide , a jesuit , in his commentary on phil. 2.9 , 10 in antonius scaynus salodiensis , paraphras . in epist. ad philip. cap. 2. vers . 9 , 10 venetiis 1593. fol. 142. in iohannes molanus , historiae s. imaginum , antwerp . 1617. lib. 3. cap. 1. pag. 244 , 245. and in x carolus stengelius , ss . nominis jesu , cultus & miracula , cap. 23. where he quotes this text of phil. 2 9 , 10. and the decree of pope gregory the 10. informing protestants ibid. p. 125 , 126. that papists honour not the ●etter● , syllables , or sound of the name iesus , but the thing contained and signified together with the sound and syllables : but some ( saith he ) may say , why do we bow at the name of iesus , rather than at the name of christ ? i answer , because christ is not a proper name , but a declaration of christs kingdom and power : but y iesus is a proper name , which he hath bought with his great pain , and hath received as a reward of his labour . for alth●ugh this name was imposed on him in his very circumcision , and promised to him in his conception , yet both these were done , because he ought to do that in his time , which the name doth signifie ; to wit , to save his people . paul therefore affirms , that this name was given to him , because he actually performed this with his great pain . phil. 2. he humbled himself , therefore god hath highly exalted him , and given him a name above every name : that in the name of jesus every knee should bow , &c. therefore this most honourable name is given , because he merited it . z the name it self is thus honoured , because he hath merited it . as oft therefore as we catholicks honour the name of iesus by bowing the knee , so oft we give unto him due and deserved honour , which he hath merited with a great price , so oft we do that we ought and are bound to do ; not only out of congruity for the greatnesse of the benefit conferred upon us , but also out of debt , by reason of the * will and precept of the eternall father ; who hath therefore given this name unto his son , that a in this name every knee should bow ▪ that all should worship this name , and in worshipping should confesse , that iesus is in the glory of his father . but as oft as the hereticks ( who utter & hear this name without any reverence , because they have not the holy ghost ) do not worship this name , as oft as they refuse to bow and worship , as oft as they deride others who worship and bow the knee unto it , b so oft they violate the precept and will of god the father , so oft they do injury to god the son , and deny him his due honour , so oft they contradict th● apostle , so oft they scandalize , or rather deride the church of god : finally , so oft they do acceptable service to the devil , c who hath in an especial manner taught them this , and by th●m doth propagate this impiety unto others . this and much more to like purpose doth this benedictine fre●r , stengelius , write , and publish in print anno 1613. which i thought good in part to transc●ibe , because it is almost verbatim the same with bishop andrews sermon , ( who took his materials and reasons from him ) and with mr. widdows , and other late protestants writings , and d sermons to this purpose ; between whom and these there is now no difference at all in this point of bowing at the naming of jesus , for ought that i can find , and so they are both accorded in this particular . this is the only true genuine pedegree and progresse of this much pressed duty , and admired ceremony of bowing at the name of iesus , that i in my poor reading can find in all antiquity , or the jesui●es and papists themselves yet really produced . if better , graver , or more learned heraulds can derive its parentage higher , ( as ‖ some have vainly endeavoured , to deduce it from the fathers , and the constant practice of the primitive church ; when as i am confident upon most diligent search and good inquiry , that there is no one father , no antient nor modern writer extant , to prove or warrant what they assert , as the * examination of their alledged testimonies will at first discover , ) i shall be willing to be corrected and instructed by them . but if they must needs concurre with me in this its popish original & progress which i have here faithfully set down ; ( as i presume they must , since popish priests , monks and iesuites , who have been most inquisitive in discovering its original , have raised the injunction and practise of it , no higher than the popes i have recited : ) let them now at last for very shame ( unlesse they intend to turn champions for romish inventions , superstitions , innovations , unknown to the primitive church and christians ; ) contend no more for such a pretended duty , or ceremony , which had no other real fathers , but the forenamed popes , popish councils , writers ; no other mother , nurse , midwife , but the antichristian church of rome , with whose popish ceremonies , reliques , altars , images , crucifixes , genuflection● , bowings and such like abused idolatrous , d supersticious rites , which get ground apace upon us ) the reformed church of england , with all her faithfull bishops , ministers , members , ( especially since the prodigious , unparallel'd hellish powder plot should stand at everlasting defiance ; for fear e god give us over to strong delus●●ns to beli●ve and embrace her other impious lies and errors by degrees , to our damnation ; and then showre down his long threatned judgements on us , ( of which the * late revived plague and feared famine , should now in time admonish us ) to our eternal ruine . what therefore tertullian writes of stage-playes , which had the very devil himself for their original author , ( as he , with ‖ others largely proves , enough to cause all christians , who in their very baptisme have renounc●d the devil and all his works , &c. with care and conscience to abandon them ) f facit ad origini● maculam , ne bonum existimes quod initium à malo accepit : the same shall be my conclusion in the point in question ; bowing at and to the name of iesus had its original , growth , progresse from the antichristian popes and church of rome , who propagated it by their masses , letanies , feasts , canons , councils , indulgences , pictures g to justifie , their idolatrous bowing to images , crucifixes , hosts and altars , as i have fully manifested in the premises . how then any zealous , judicious protestant bishops , high commissioners , ecclesiastical officers can justly censure , suspend , molest , excommunicate any conscientious a ministers , or christians in their high commission , consistories , visitations , for not bowing at the name of i●sus , as a duty of the text , or nec●ssary decent ceremony , or declaring the reasons of their omission or non-usage thereof , let the impartial readers hereof determine , and their own consciences resolve . it was tertullians conclusion in the case of stage-playes , b oderis itaque christiane cujus auctores non poteris non odisse . and judicious c musculus his resolution . it is not fit that these things which are rather superstitious than religious , or have so great a shew of superstition , should be retained in the church . god forbid that i should maintain any traditions , or worships which are popish . and i call them pop●sh traditions , which either of their own nature , or by abuse do serve unto popish impiety , superstition , and blindnesse ; all which ( i am perswaded ) ought to be detested , as much as possible . let it be all our bishops too : especially since the church and parliament of england themselves in their preface to the books of common-prayer in king edward the sixth and queen elizabeths reigns : of ceremonies why some be abolished , and others retained , thus determine of them . of such ceremonies as be used in the church , and have had their beginning by the institution of man : some at the first were of godly intent and purpose devised , and yet at length turned to uanity and superstition . some en●●ed into the church by indiscreet devotiou , and such a zeal as was without knowledge ; and for because they were winked at in the beginning , they grew daily to more and more abuses , which not only for their unprofitablenesse , but also because they have much blinded the people , and obscured the glory of god , are worthy to be cut away and clean rejected . and whereas in this our time the minds of men are so diverse , that some men think it a great matter of conscience to depart from a piece of the least of their ceremonies they be so addicted to their old customs , and lest any man should be o●●ended whom good reason might sati●fie ) here be certain causes rendred , why some of the accustomed ceremonies be put away , ( particula●ly , howers , psalters , letanyes , feasts , ado●ation of the name of iesus , as well as altars , tapers , copes , images , albes , crucifixes ▪ processions , adoration of and bowing to or toward altars , crosses , the hostia , &c. ) some are put away , because the great excesse & multitude of them hath so increased in these later daies , that the burthen of them was intollerable ; whereof * st. augusti●e in his time complained , that they were grown to such a number , that the ●state of chr●stian people was in a worse case ( concerning that matter ) than were the iewes : and he advised , that such a yoke and burthen should be taken away , as ●ime would serve quietly to do it . but what would st. augustin have said , if he had seen the ceremonies of late dayes used among us ? whereunto the multitude used in his time were not to be compared . this our excessive multitude of ce●emonies we●e so great , and many of them so dark , that they did more con●ound and darken , than declare and set forth christs benefits unto us . and besides this , christs gosple is not a ceremonial law ( as much of moses law was ) but it is a religion to serve god , not in ‖ bondage of the figure , or shadow , but in the freedome of spirit , being content only with those ceremonies , which do serve to preserve order and godly discipline . furthermore , the most weighty cause of abolishment of certain ceremonies , was , that they were so far abused , partly by the superstitious blindness of the rude and unlear●ed , and partly by the unsatiable ●varice of such as sought more their own lucre , than the glory of god , that the abuses could not well be taken away the thing remaining still . those be taken away that were mo●● abused , and did burden mens consciences without any cause . we think it convenient that every country should put away such ceremonies , which from time to time they see most abused , as in mens ordinances it often chanceth diversly in divers countryes . whether all or some of these passages may not be justly applyed to thi● bowing at the name of iesus only , as likewise to kneeling at the sacrament , upon due consideration of its original author● , promoters , and pr●mises abuses , i refer to every mans conscience to resolve . especially because it puts a difference , disparity ▪ inequality , not only between this name iesus , and all other names , titles , attributes of our saviour , and the name● , titles of god the father , and holy ghost ▪ but a visible undenyable inaequality and disp●rity between their sacred persons , though co●ternal and co●qual by our churches * creed , and scriptures resolution , and to be equally worshipped , ●dored , reverenced , bowed unto by all orthodox believers ; whose persons are never adored , worshipped , or bowed unto in the church when their name● or titles are mentioned ▪ nor yet the person of god the son , when any other of his names are uttered , but only the person of iesus ( or rather his name alone ) when i●sus is either read , heard or seen . which as it apparently thwarts that express text of iohn 5.22 , 23. the father hath committed all ●udgement to the son , that all men should honour the son , even as ( that is in the self-same manner , form ) they honor the father , not otherwise , nor more frequently , devo●tly , reverently than they honour the father , at and to whose person they bow not their knees or head ▪ when his name is recited ; as usual they do by standing up at and honouring all three persons alike in their frequent repetitions of , glory be to the fa-father , and to the sonne , and to the holy ghost , without bowing at or to all or any of their names : so it seems to put an inequality and disparity between their sacred person● and sovereign divine authority , and to advance iesus the son , above god the father , and holy ghost especially when all their three names are joyntly read and repeated together in one verse , prayer , sentence , as at the end of every morning prayer . the grace of our lord jesus christ , th● love of god ( the father ) and the most comfortable fellowship of the holy ghost , be with us all evermore . amen . at the end of every evening prayer and communion , the peace of god , which passeth all understanding , keep your hearts and minds in the knowledge and love of god ; and of his sonne jesus christ our lord . and the blessing of god almighty , the father , the sonne , and the holy ghost be amongst you , and remain with you alwayes . amen . in the apostles creed , ( repeated every morning and evening prayer . ) i believe in god the father almighty , maker of heaven and earth , and in jesus christ ▪ his only sonne our lord , which was conceived by the holy ghost , &c. i believe in the holy ghost , &c. and in the nicen● creed , used every sunday and holiday ( to omit a●●ana●ius his creed , the letany , form of baptisme , the collect , epistle and gosple trinity sunday , they are all mentioned together ) i believe in one god the father almighty , maker of heaven and earth , &c. and in one lord jesus christ the only begotten sonne of god , begotten of the father before all worlds , god of god , light of light , very god of very god , being of one substance with the father , &c. and i believe in the holy ghost the lord and giver of light , proceeding from the father and the son ; who with the father and the sonne together is worshipped and glorified . if any pagan , turk , jew or sober judicious christian should come into our churches when these prayers , creeds , are read ▪ and observe both ministers and people to bow their bodies , heads , knees , with extraordinary reverence and adoration at and to the name iesus only , when mentioned in them , but not at or to his other names lord , christ , only son of god , god , very god , thus coupled with , & immediately preceding , following his name iesus , yea not to bow to the person of jesus as represented to them by these other glorious names : nor at the name god , as it comprehends the whole trinity in unity , or denotes the persons of god the father , or god the holy ghost ; nor yet at or to the name person , or sence , ( to use bishop andrews words ▪ ) will they not all then necessarily conclude and resolve , that this name jesus is more adorable ▪ honourable , worshipfull , holy , divine , than all those other names and titles coupled with it ? yea , that the person of jesus himself is more adorable , honourable , glorious , divine , when represented to our minds by his name jesus , than by his other names , titles of christ , sonne , sonne of god , lord , god , very god ? that this name iesus it self addes special adoration , veneration , honor , worship to his person , deity ; not his person , deity to his name ? or that his person , deity accumulate more honour , glory and worship to this name alone , than to all or any of his other names , titles ? yea would not those infidells conceive , that jesus was one person , thing , and god , christ , lord , sonne of god , &c. another person or thing inferiour to , and lesse venerable , adorable than jesus ? and that the person of jesus who is onely thus devoutly bowed to when his name jesus is recited in these prayers , creeds , is exalted far above god the father , and god the holy ghost , whose names and persons are neither thus adored , worshipped , bowed to , nor honoured by them , when thus coupled , recited , and represented to our minds at once in one sentence , prayer , creed ? and doth not this bowing directly contradict those very creeds , wherein we professe these three persons to be coet●rnal together and coequal , to be neither greater nor less than another , and the holy ghost with the father and the sonne together to be worshipped and glorified ? no doubt it doth in a very high degree , a● every mans conscience upon serious deliberation will inform him ; and these ensuing histories in some so●● demonstrate . it i● storied of e amphilochius , bishop of iconium , that to c●nvince the emperor t●eodosius of hi● error in tollerating the arrians ( who den●ed the deity of christ the son of god , whom they adored not ▪ with divine worship , but only god the father ) that comming one day to his court , and beholding theodosius , and his sonne arcadius , newly made joynt emperour , and invested in equal imperial power with his father , standing both together ; he pu●posely bow●d hims●lf and made low and accustomed reverence to theodosius the father , without doing any reverence to , or taking notice of arcadius his son and fellow emperour , in equal honour and power with him . whereupon theodosius being very angry with this bp. for this contempt & neglect of his son arcadius in not bowing & doing any obeysance to him , and sharply reprehending him for it as an injury and affront to himself ; amphilochius wisely replyed , that he did it on set purpose : and then said , thou seest hereby , o emperour , how hardly thou sufferest the ignominy and neglect of thy sonne , yea verily thou art exceeding angry with those who insult over , and refuse to reverence him ; i would therefore have thee believe me , that god the governour of this world , doth in like manner detest those who adore not and speak blasphemies against his only sonne ▪ and that he hates them as ungratefull towards their saviour and patron . whose purpose when the emperour had by this means understood , admiring both his deeds and his words , he forthwith made a law , prohibiting the assemblies of the arrian heretickes . and may we not then justly fear , by parity of reason , that god the father , and god the holy ghost will , be as much offended with those , who bow and do divine adoration and reverence only to iesus the son when ever this name of his is mentioned , and yet do no reverence of bowing or adoration to the father , or holy spirit when their names are mentioned and persons represented to their mindes together with , or before or after the name , person of jesus , in the self-same chapter , sermon , collect , prayer , creed , or verse ? no doubt they will. f mr. fox records of our archbishop cranmer , bishop ridley , and bishop latymer , that when they were brought before the popes , cardinal pool● , and queen maries commissioners at oxford , sitting joyntly together upon them to convince and condemn them of heresie , they all severally of set purpose , put off their caps , and bowed their bodies and knees with great reverence and humility to the queens commissioners , but would neither put off their caps , nor bow their bodies or knees to the popes and cardinals commissioners , nor shew the least reverence to them , because they had abjured and renounced the popes authority ; whereat those proud commissioners w●re so incensed , as taking it for an high contumacy and affront to the popes , cardinals persons and authorities ( whom they then represented ) that they not only ▪ severally and openly reprehended them for the contempt , and expostulated the affront with them , but caused their caps to be pulled off by their officers ; these commissioners putting off their caps , and making reverence when ever the g popes name was read or mentioned , without yielding any such reverence at all to the name of god , christ , or queen mary . and may we not from thence discern and conjecture how much god the father , and god the holy ghost are dishonoured , slighted , contemned , yea in some sort un-godded , and how far jesus the sonne his name , person are advanced , adored above their names , person , when the one of them is so frequently honoured , adored , worshipped with bowed heads , knees , bodies , and veiled caps by most , and the other two reverenced by none at all , as if they were mere cyphers ; yea not so worthy honour , worship , as the names , persons of iesus , of the pope , or of the virgin mary , at or to whose names or persons , they only use to bow their knees , heads , and do obeysance in an extraordinary manner and excesse of veneration whenever they hear their sound ? let all christians then ( especially those bishops , clergy-men who are most zealous for this duty or ceremony ) take special care , that under the specious pretexts of uncommanded reverence and devotion , they relapse not by degrees to popish superstition and idolatry , in giving as much or more honour to the very name of iesus first , h and next by the like reason to his cros● , image , picture , representative breaden body , yea to mary the mother of iesus , by bowings , adorations , holy daies , howers , primers , rosasaries , offices , prayers , collects , oblations , indulgencies , than to the person and deity of iesus , or to the names , person of god the father , and god the holy ghost , as they do in the church of rome ; from whose grosse superstitious , idolatrous , * detestable enormities , excessive , superfluous , unnecessary ceremonies , unknown to christ himself , his apostles , and the primitive churches , fathers , christians , and from all approaches to them , good lord deliver us , amen and amen . finis . errata . pray correct these pres●-errors and omissions . p. 15. l. 11. read send . p. 24. l. 38. fignant , r. signall . p. 41. l. 14. r. thing . l. 33. r denying it . p. 44. l. 4. body . p. 55. l. 21. et , r. ut . p 57. l 8. his , r. this . p. 58. l. 37 , 38 r. therefore brief●y . p. 59. l. 34. bow , his , r. bowing , this . l. 35. at their , r. at emanuel . l 36. dele which . p. 62. l. 19. more , r. much . p. 66. l. 31. nor , r. not . p. 67. l. 9. r. ended , they sate down purposely to receive the lords supper sitting . p. 68. l. 16. r. martyrs upon this account . l. 23. r. pos●il . p. 87. l. 10. dele and. p. 111. l. 36. r. proper to . p. 112. l. 29. r. the● falseness . p. 114. l. 11. r. pronounced . margin . p. 18. l. 14. r. cun●●● . p. 37. l. 11. r. c. 41. notes, typically marginal, from the original text notes for div a56184-e490 a at the end of lame giles his haltings , 1630. b 2 sam : 19.14 15 c octob. 5. 1660 d pag 16 , 17 ▪ e novemb. 9. 16●0 . f may 20. 1●●● . f here proved , p. 65 , 66 , 67 , 68. g homil. 82. in mat. c. 26. h en●●ratio in mat. c. 26. p 26. in marc. 14. p. 109. in luc. 22. p. 201. here , p. 67. i calvin , camererarius , beza in mat. 26. k see gul. s●uckius , antiqu . conviv . l. 2 c. 34. l thomas beacon , here p. 71. m 26 h. 8. c. 1 , 3 , 27 h , 8. c. 15.28 h. 8 c. 7 , 14 , 32 h 8. c. 22 , 24 , 26 , 31 h. 8. c. 1 , 14 , 3● h. 8. c. 29 , 34 , & 35 h. 8. c. 9 , 19 , 35 h 8 c. 1. 37 h. 8. c. 17. 1 e ▪ 6. c. 2. 1 eliz. c. 1. ● eliz. c. 1. rom. 14.23 . o 1 tim 1.17 . iud. 25. p exod. 25.40 . isay 33.22 . mat. 4.10 . c. 15.9 . iohn ● . 20 , to 25. c. 15.10 . psal 40 6. isaiah 1 . 1● . heb. 8.5 . iam. ● . 12 . mat. 28.20 . 1 cor. 11.23 . q see centur. magd. ● , to 14. cap. 6. & purchas his pilgrimage . r august ▪ ad simpli● . l : 2. qu. 4. archbp. whitguift , hooke● , ●p . morton , dr. boye● , dr. john bu●ges , paybody , with others quoted by them . s num. 61.9 . deut. 29.10 . ezr. 9.15 . mar : 11.29 . lu. 28.11 , 13. jo. 7.37 . lu. 7.38 gen. 19.27 . lev. ● 5. ● chron. 6.12 c. 20.13 . psal. 106.23 . (t) judg. ●0 . 26 . 2 sam. 7.18 . 2 chron 17.16 . ezr. 9.4 c. 10 9 neh. 1.4 . ps 137. 1. ioah 36. ier. 15.17 . ezech. 8.1.14 . c. 14.1 c. 20. 1. mat. 26.15 . (u) ps. 95.6 . gen. 24.26 . exod. 4.31 . c. 34.8 . 2 chron. 29.28 , 29 , 30. neh. 8.6 . dan. 5.7 . lu , 17.16 . acts 20.13.14 . c. 19.4 . c. 22.8 . (x) ps. 6.6 ps . 63.6 . ps. 149.5 . hos. 7.14 . gen. 47.31 . (y) ps. 95.6 . deut. 9.18 , 25. dan. 6.10 . 1 kings 8.54 . lu. 22.41 . acts 7.60 . c. 9.40 . c. 20.34 . c. 21.5 . (z) acts 10.34 , 35 rom. 10.11 , 12 , 13. iam. 1.5 , 6. c. 5.16 . (a) 1 sam. 16.7 . 1 chron. 28.9 . iohn 4.23 , 24. b rom. 13.1 , to 7.1 pet 2.13.14 , 20 ps. 101 ●im . 1.9 , 10. ezr. 7.26 . * see my sword of christian magistracy supported , p. 35 , to 79. c acts 15.28 , 29 , 30 , 31. c. 16 4. 1 cor. 14.34 , 35 , 40. articles of the church of england ▪ artic. 20. d 1 cor. 7 , to 10.25 , 26 , &c. c. ●1 . 4 , to 18. * 1 tim. 6.15 . rev. 19.16 . e 1 cor. 7.1 , 2 , 3 , 5 , to 10. & 16. to the end . 1 tim. 4.4 . f act. 10. rom. 14. 1 cor. 8. col. 2.16 . to the end . 1 tim. 4.1 , to 8. g 1 cor. 11.2 . to 17. rev. 9.8 . h 1 tim. 2.9 . 1 pet. 3.3 , ● . tertullian de velandis virginibus , & de habitu mulie●um . i 1 cor. 14.34 , 35. 1 tim 2.11 , 12. k ez● . 8.1.2 , &c. ps. 122.1 , 2 , 3 , 4. ps. 133.1 . eph 4.3 , 13. john 17.11 , 20 ▪ 21. rom. 15.5 , 6 , 7. 1 cor. 1 . 1● . act. 1.14 . c. 2.1.46 . c. 5 . 1● . phil. 2 ● . zeph. 3.9 isai. 2.2 , 3. mich 4.1 , 2 , ● . jer. 50.4 , 5 ▪ 1 pet. 2.8 . l heb. 10.24 , 25. m iohn 9.10 . n ephes. 4.3 ▪ 4 , 5 ▪ 11 , 12. c. 1.22 , 23 ▪ c. 3.10 . c. 5.23 , to 33 iohn 17 . 1● , 2● , 23. hebr. 12.22 , 23. cant. 6.9 . 1 cor. 8.6 . c. 10.17 . c. 12.4 , to 31. * 1 cor. 12 . ●4 , to 27. ‖ 1 cor. 14. acts 2 ▪ 1 , to ●3 . ‖ psal. 148.11 , 12 , 13. deut. 29.10 , 11 , 12. 2 chr. 20.13 ▪ exod. 15.1 , 2 , 20 , 21. acts 2 . 17.1● . o ephes. 5 . 1● . col 3.16 ▪ 17. p cant. 4.12 , 16. c. 5.1 c. 6.2.11 . isaiah 58 . 1● . q cent. magd. 2 , to 14. cap. 6. de ritibus & ceremoniis & cap. 8. de schismatibus . fox ▪ acts a●d monuments , b●shop vsher ▪ de christianarum ecclesiarum successione & statu . antiq●itates ecclesiae brit. in vita augustini , p. 4.5 , &c. r mat. 28.19 , 20. s mat. 15.3 , 6● 9. ma● . 7.7 , 8● col. 2.21 , 22. 1 tim. 4.1 , 2. heb. 13.9 . 1 tim. 6.20 , 21. t 1 cor. 9.16 , 17 , &c. mat. 28.19 , 20. 2 tim. 4.1.2 . acts 20.28 . iohn 21.15.16 , 17. 1 pet. 2.5 . u isaiah 55.3 . ioh. 10.3 , 10 ▪ 17. mat. 8.8 , 21. 1 cor. 11.24 , to 2● . prov. 28.9 . x acts 4 . 1● . chap. 5.29 , 39 , 40 , 41. luke 1● . 1● . da● . 6.5 , &c. 2 ki●g● 13.3 , ● . ● ▪ 10. 〈◊〉 caus. 11. qu. 3. y act● 5.39 . z arti● 27 & rogers thereon , bishop whitgist , mor●●ton ▪ hocker● & others . a mat. 3.12 . c. 13.24 , to 31.47 , to 52. c. 25.32 , 33. see dr. feild of the church , h. 1. c. 7 , 8 , 9 , 10. morney , de ecclesia . b sic sunt in ecclesia & domo dei , ●t non per tin●ant ad compaginem domus nec ad societatem fr●g●●e●ae pacificae que justiciae . augustine de baptismo , l. 7. c. 51. de civitat . dei l. 20. c. 9 dr. feild of the church c. 8 , 9. c act. 24.16 . c. 23 1. d phil. 1.27 . e iuvenal satyr 1 p 11 . ● f mat. 23.23 , 24. lu●● 1.42 . g claudian de l●udibi●● s●●liconis , l. 3. h 2 cor. 1.3 . eph. 2.4 . i ps. 100.5 . ps. 145.7 , 8 , 9. k lu. 6.36 . l 2 tim. 4.18 . m 1 pet 1.4 . 2 cor. 4.17 . notes for div a56184-e5160 a giles widdows and mr. william page , anno 1630.1631 . b bishop laud and others . c see augustine ad simplic . l. 2. qu. 4. an excellent full place , for the free use of sitting , standing , as kneeling , in the act of prayer it self , and other parts of divine wo●ship ; and antonius walaeus on m●t. 26. & mar. 11. * see my l●me giles his haltings , 1630. d see canterburies doom , p. 94 , 152 , 361 , &c. ezech. 3.2 . f psal. 118.23 . ●4 . g acts 24. ●6 . h 1 tim. 3.9 . i 2 tim. 1.3 . l rom. 13 , 3 , 4 , 5. 1 pet. 8.12 ▪ 14. tit. 3.1 . 1 tim. 1.9 , 10. prov. 20 8.26 . ps. 101.4 . to the end . m 1 cor. 7.1 , 8 , 9 , 15 , 23.27 , 18 , 36 , 37 , 38. rom. 14. throughout . 1 tim. 4.3 , 4 col. 2.20 ▪ 21 , 22.23 . m●t 1.6 . gal. 5.1 , 2. o ad caecil . de sacramento dominici calicis epist. 63● edit . pamelii p. 86 , 87. p mat. 8.19 . q 1 cor. 10 16 , 17 c. 11 , 20 , 23. r tract 26 i● ioan. c 6 epist 59. in paulinum , o sacramen●um pietatis ¶ o signum unitatis ▪ o 〈◊〉 charitatis l. 1. an●i●u conviv●l . 1. c 3. f. 7 , 8. t eusebius eccl. hist. l 5. c. ●● . u antiqu 〈◊〉 l 1. c 3. f. 〈◊〉 x 1 cor. 11.1.23 y ephes. 5.1 , 2. z phil. 34 . 1● notes for div a56184-e7440 (a) phil. 2.9.10 , 11. * quia domiminus iesus in gloria est dei patris : hoc est , in natura & gloria deitatis , id est , e●usdem est gloriae & aequalitatis : or , in aequalitate potestatis & natura divinitatis . so prim●sius , sedulius , remigius , haymo , with sundry others read and expound it . b injunct . 61. * conference at hampton court , p. 46. d mr. page his justification of bowing at the name of iesus . e see the conference at hampton court. p. 45 , 46. * dr. bret , & others of note● note this . f on phil. 2.9 , 10 , 11. g see acts 3 6 , & ● . 27 , 29. c. 16.18 & 1 cor. 5 4. eph 5.20 . 2 thes. 3.6 in which places the greek is the very same , as in this text , and eng●●sh●d in the name of iesus . * or translate . rest , h●pe , trust , rej●yce , deligh● , glory , stand ●ast in t●e lord. faithfull in the lord , speaking bold●y in the lord ; which dye in the lord &c ( used above 100. times in scripture ) into rest , hope trust , ●ejoyce , delight glo●y , stan● fast , faithfull , speaking boldly , which die at the lord : or tit. 2.2 . sound in faith i● chari●y , in pa●i●n●e , into so●nd at faith , at cha●ity , at p●tience , or b●●sse , speak pray , &c. in thy name ; into blesse , speak pray at thy na●e ; & you quite destroy the sense , and eng●ish ●oo of all th●se s●cred precepts● texts . 4. quaeres . 1. quaere . * not iesus . * acts 2.20 . 1 thess. 5 2. 2 pet 3.10 rev. 1.18 . & chap. 5.14 . * see isay 11.4 . * see p 1. and others hereafter cited . * ps. 110.1 , 2. mat 22.44 . mark 12 36 ▪ luke 20 42. acts 2.34 . 1 cor. 15.25 . hebr. 1.13 . ‖ ut filius dei vocaretur , &c theodoret , remigius , haymo , and others . a mat. 1.21 , 25. luke 1.21 , & chap 2 21. b mat. 1.21 . c he● . 2.26 . 2 pe● . 2.4 , 5 , 6 , 9 iude 6 7. mark 5 7. mat. 8.29 . mat 25.41 . to the end . d see p. 9 , 10 , 11 , 12. a mat. 1.21.25 lu. 1.31 . c. 2.21 . 2 quaere . a 1 kings 11.18 . rom. 11.4 . eph. 3.14 1● b gen. 41.43 . mat 27.29 . mat. 10 . 17● 2 kings 1.13 . * see ambr●se , haymo , and others in ephes. 3.14 , 15. c 2 chron. 6 , 13. 1 kings 8.54 . d●n . 6.10 . lu ●2 41. acts 7.60 . c. 9.40 . c. 20 36. c. 21.5 ez● . 9.5 . * gen. 3.15 . mar. 2.27 . lu. 19.14.27 . 2 thes● . 1.8 . act● 7.39 . rom. 2.8 . 1 pet. 4.17 . psal 110.1 , 2.3 . ier. 3.13.23 . * flectitur ei omne genu , dum omnis creatura subjicitur ei . flectere sanè genu non est carnaliter accipiendum , &c. nam quae genua in spiritibus esse creduntur ? sed genu flectere subjecta esse ●ucta & cultui dei obedire declarat origen in rom l. 9. c. ●4 . tom. 3. f. 214. vt in nomine iesu omne genu flectatur , &c. id est , ut omnia genera hominum , creatur●rum , angelorum , virtutum , daemonum & animarum quae in inferno habitant subjecta sint ei , & ejus iudicio , metui & imperio observi●ent : ambrose , theodoret , ch●ysostom , primasius , sedulius , remigius , beda , rabanus mau●us , haymo . theophylact , oecumenius , anselmus in phil. 2.9 , 10 , 11. rom. 14. & cyrillus alexandrinus lib ▪ 4 in isay c. 45. oratio 3. 3. quaere . * see peter m●ulins water● of siloe . bp vsher of limbus ●atrū . * horae beata mariae , secundum usum rhoan . * luke 10.17 . lord even the devils are subject to us through thy name . * mat 10.1 . mar. 5.10 , 11 , 12. c. 6.7 . lu. 4.35 , 36. c. 10.17 , 20. * psal. 2. & 96. & 28. & 110. heb. 1. & 2. col. 1.15 , 16 , 17 , 18. eph. 1.20.21 , 22. 4. q●aere . * in h●s ●ust●●ication of ●●wing at the n●me ●f iesus . ● 2.3.4 , &c. * 2 co● . 5.8.10.11 . * isaiah 45 . 23● * see luke 13.35 . * luke 2.10 , 11. * mat. 19.28 . mark 13.26 , 27. luke 21.27 . * isaiah 45 . 2● . the true and full sense of phil. 2.9 , 10 , 11. * calvin , marlo●e● , bp. alley , piscator , olevian , on phil. 2 9 , 10. * bp. b●bington , dr. fulk , mr. cartwright , dr. willet . in the ensuing places * dr. whitaker * in mat. 2● . 2● . ioh. 11.18 , 19. ma● . 18.47 . ioh. 1.42 . ch . 6.24 . ch . 18.5 , 15. ch . 19 9. luke 19.35 . re● . 19.10 . 1 thess 4 14. the nam● iesus is repeated twice in one ve●● , and iohn 19.28 . t●i●e , & as of●en ●●wed ●● & ●● . ‖ i have o●served some to pu● o●f their hat ● to it when they have pro●anely sworn by it . nota. * see section 3 : the appendix of lowing at t●e name of iesus , and lame giles ‖ sir edwin sands relation of the religion of the eastern parts : or , europae speculum , 1629. pag. 10. a see the palsgraves religion . b see here , sect. 3. c see the palsgraves religion . d on phil. 1.9.10 . e on rom. 14.8 . phil 2.9 , 10. bish●p alley hi● poor mans library , part 2. fol. 103 , 104. g answer to will. raynold● p. 398 , 399. h in his display of the pop●sh masse . n●●es en phil. ● . ● , 10. i● answ●● to the rhemish testament , sect. 2. k syn●psis papis●●i the 9. generall con●●●● sie , p 492 , 493. l ●●po●ition on the creed , p. 10● . ●96 , 1●7 . 〈…〉 . 9 , 〈◊〉 mr ca●twright in his learned confutation of the rhomish testament , on phil. 2.10 . sect . 2. * many do so through ignorance or mistake * see the preface before his confutation of the rhemists translation , glosses and a●notations on the new testament . nota. note this . * synopsis papismi , l●ndon 1594. the 9th general controversy , p. 492 , 493. * rhem annor . phil 2. sect. 2. apoc. 13.17 . * n●ta . * falk , ibidem yet now men a●e n●●●●●●ated to me it , and cens●●ed for not using it . * a mistake w●rranted by no history , father , comme●tator , or solid author , invented by mr ho●ker , in h●s ecclesiastical policy ▪ ● . 2 se●t 30 & taken upon trust by dr bane● out of him , postils p. 280. * suri●s tom. 4 pag 869. * anno 1548. surius tom. 4. pag. 810. dr. whitaker . * see fox acts and monuments v●l 3. p. 487 , 496. bp. babington . * and as often bowed unto by the repeaters . * iohn 14●13 . acts 4.12 . * see carolus stengellus s. s●nc●i nominis iesu cultus , & virtutes , cap. 2. p 30. erasmus his paraphrase on phil. 2. ● , 10. ‖ act , 21.13 . * isaiah 45 23 ▪ * 1 kin. 19.18 . r●m . 14.11 . i●sephus heb. 4.7 . h●g . 1●1 . ezra 3.2 . * luke 2.11 . * note this . ‖ mat. 1.16 . * iohn 7.43 . * iohn 9.22 . * iohn 10 33. ‖ luke 22.67 . * let the fathers of the church note it . bishop alley . * and k. edw. the 6. his ca●echisms too , cum privilegio . * and are not many of our prelates , ministers , and people now in this regard as foolish as they ? dr. air●y . * lecture 30. upon the philippians , london 1618. p. 345 ▪ to 348. * ibidem ● . 153 , 154 , 155. * nota. a isaiah 45.23 ▪ b apoc. 5.12 ▪ c 1 sam. 15.22 . * no●a . * nota. * ecclesiastical policy , l. 2 sect . 30. dr. fulks notes on the rhemish testament ▪ phil. 2. sect . 2. * gal. 4.16 . * zach 8 : 16 , 17 , 19. notes for div a56184-e21490 * he excepts not the two persons of the trinity , god the father , and god the holy ghost ▪ no more then their names which if intended and included in his words , they are little lesse then heresie and blasphemy . * note this . ‖ psal. 16.2 . * ps●l . 111.9 . * ambros. hexam l 6. c. 9. hierom c●m in isai. 45. cyrill . alex. in hesaiam l 4. c. 45 orat 3. * 1 cor. 13. ● . ‖ r●m . 6.19 . * rev 4 . 10● c. 5.8.14 . c. 7.11 . 2ly . * isay 43● 11. 3ly . nota. 4ly . ‖ mark this . 2 kings 18.4 . * few then d●d it , & most since do it upon this sermons inst●gation , and bishops reputation . a mat. 18.20.5 . c ●4 . 5 . mat. 9.33 , 41 , lu. 9.48 iohn 14 13. c. 14 18 c. 15.16 c 16 . 23.2● , 26. b tit. 1.13 . c ▪ 2.2 . c see section 3. ‖ bishop●ewels ●ewels reply to harding . artic. 8. p 379 , 405. * page 3 , to 20. * see irenaeus , epiphanius , augustinus cont●a haerese● , alphonsus de c●stro , & ephr●im p●git de haeresibus . see 〈…〉 see 〈…〉 ●ewell● r●p●● 〈◊〉 harding●●rt c. 8. of ad●ra●●●n . 1 ●●r 11. ●● . see here s●ct . 3. * among others dr. g. in in his sermon before the commons house , may 20 1661. * luke 22.14 , 21 , 30. 1 cor. 10.21 . iohn 13.2 , 28. * see iohn 13 : 13 , 14 , 15 , 16. * calvin , harmon evang in ma● . 26.20 p. 319. ●eza , thomas paybody , apology for the gesture of kneeling , p. 50. to 60. ainsworth anno●ations on exod . 12 scaliger , de emendat . temporum , l. 6. p. 534. dr. iohn burgess his lawfulness of kneeling . c. 19. * ena●ratio in ps 126 sessio humilitatem significat . see thomas beacon his catechisme , f. 484 , 4●1 . a alexander alensis . sum. theol. pars 4. qu. 11. artic. 1. qu an christus suum met . corpus in caena sumpse●i●● p. 374. alex a●ensis pars 4 p. 174. b b●eviatium romanum antuerpiae , 1621 p 26● . c alexander alensis , pars 4. quest. ●0 sect . 7 p. 358. d see a●etius , beza , beacon , brentius , calvin , cartwright , chemnitius , gual-deodat , maior , os●ander , scultetus , tos●anus , zuinglius , may ●rus , marlorat . piscator , walaeus , danaeus * in his works p. 476.477 . e catechism , f. 48● . f in his works , london 1622 p. ●98 . g 1 cor. ●1 . 23 . h mat. 2● . 18 . * vol. 1. of his works , ● . 484 , 485. * 1 thes. 5. nota. nota. l mat. 4. nota. * mat. 14 19. c. 15.35 . ma● . 6.39 . c. 8.6 . iohn 6.20 . luke 9.14 , 15 * bp. mor●●n , dr iohn 〈…〉 payb●dy * 1 t●m . 4.5 . mat 26.26 . 1 cor. 11 24. rom 14.20 . luke 22.19 . c. 24 ●0 . * antiq. con●ivalium l. 2. c. 36. de consecra●ione mensae , qua iudaei christiani , & aliae ●entes olim usae sunt & h●die ●tuntur , p. 27● , &c. ‖ in mat 26 14. mark 6 39 , 40 , 41. c. 8.6 . e dr. boyes his postills , p. 7. see my short pacifique examination , p. 8 , to 24. nota. * see walaeus on this text. * 1 pet. 5 3. * tertul. de ●ejunio , & corona militis ▪ cyprian de oratione . surius concil . tom 1. p. 447. tom. 2. p. 1052. tom. 3. p. 277. cent. magd. 3. to 8. c. 6. a de spirita sanct● l. 3. c 12. per scabellum te●ra intelligit●r , per terram autem caro ch●isti , quam 〈◊〉 ●uoque in myste●●●s adoramvs , et quam ap●st●li in d●mino iesu ad●rarunt . b ena●ratio in ps●l . 98. nemo ou●em carnem ill●m m●nducat nisi p●ius adoravi● , inventum est quem adm●dum ad ●etur ta●e sca●el●●m 〈◊〉 d●mini , & n●n s●l●m n●n pe●cemu● ad●rand● , 〈◊〉 emus non adorando . c ●ish●p 〈◊〉 reply to ha●d●ng 8 〈…〉 d 〈◊〉 l. 13. c. 7. e hist. eccl. l. 8. c. 5. f c●nt . magd. l. 4. c. 6 col . 670. g dr. burges , his lawfulnes of kneeling in receiving the lords supper , p. 83 & dr. g. in his sermon 1661. a dr burges his answer rejoyned to the reply of dr. mortons general defence , p 478 , 479 , 480. dedicated to king charles the first . b de ritibus eccles. cathol . l. 2. p. 557. n. 29. c. 55. c ordo roman . bibl. patr. col . 1618. tom. 8. p. 393. sacrar . cerem . l. 2. p. 181. edit . colen 15●8 . d missale rom. in the rubrick set out by pius 5. e durantus de ri●ibus , p 443 , ●43 l. 2. c. 11 f in de●ret . greg. i●● . 41. g lib c●remon . 2 p 181 h id. p. 192. i ca● . de s●cra comm●n . * one superstit●●n begets another . k see super ●r●da in 〈◊〉 ap●● flex●● gen●b●● tot● al●o ●orp●r● erecto●e disponent ▪ &c. l papatus sive depravatae religionis o●i●o , p. 7● . edenbu●g . 1594. i repl● to h●rding , 8 a●t●cle of ad●ra●●●on p. 381. &c. dr. iohn burges his lawfulness of kneeling in the act of receiving , p. 65 , 66. * the preface of the answer●s , p. 25. * the lawfullnesse of kneeling in receiving the lords suppe● . ch . 32. p. 110 , 111 , 112. ‖ see his epist. 12. & ●dvers . hesh●s●um , opuscula p. 311. et quaest. & re●p . 243 edit . 157● * harmon ▪ confess geneva . 1521 sect . 14. p. 120. a mat 15.27 . the prayer at the communion . b lu. 22.14 29.27.30 1 cor. 10.21 . john 12.2 . c. 13.12.23 . c mat. 15.26 , 27. mar. 7 . 2● , 28. d iudges 1.7 . e col. 2.18 . f mat. 26.20 . mark 2.15 , 16. ch . 6.39 , 40. ch . 14.18 . luke 14.1 , 8 , 9 , 10 , 15 , to 25 ch . 12 , 14 , 19 , 27 , 30. ch . 24.30 . iohn 12 ▪ 2. ch . 13.12 . g iohn 12.23 , ch . 21.20 . h gulielmus stuckius , antiq. convivalium , l. 2. c. 34 ▪ i ephes. 5.30 . 1 cor. 12.27 . k iohn 17 ▪ 2● . 22 , 23. 1 iohn 5.20 . l hebr. ● : 11● m iohn 15.14 , 15. n iohn 1.22 . rom. 8.14 , 19. 1 iohn 3.1 , 2. ch . 5.2 . o rom. 8.16 , 17. gal. 3.26 , 29. iam. 2 , 5. p rev. 1.6 ch . ●0 . 6 . 1 pet. 2. ● . q rev. 3.21 luke 22.29 , 30. s ephes. 2.5 , 6. * bish●p and●ews p●ybody , and others t mark 14.24 . mat. 26.28 . this cup is the new testament of my blood which is shed for many , n●t all . u 1 cor. 11.24 , ●0 . mat 2● . 26 , 27. luk. 12.19 , 20. mark 14. ●2 , 23. * see here p. 76 , 77. * artic. 20. acts 20 . 2● . * see here p 68 , 69 , &c. 79 , 80. ‖ concilium constantiense , sessio 13. surius concil . tom. 3. p 820 , 821 , 822. with binius , & crab. in ●heir collection of councils . * m●t. 26 m●r. 14. luk 2● . 〈◊〉 q●oted ●n 〈◊〉 ma●gin . * 5 october . 1660. p. 16. altare damascenum , and others . * phil. 4.5 . * see augusti● . ad simplicianum , l. 2. qu. 4. dr. iohn burgess of the lawfulness of kneeling in the act of receiving . thomas pa●body his ●ust apoligy for the gesture of kneeling in the act of receiving the lord● supper , london 1629. & others . * v. 10. before me the●e is no god formed , &c v. 12. therfore ●e are my witn●sses that i am god ●recede and foll●w , besides me there is no saviour . act● 1● 23. phil. 3.20 . 2 ●im . 1.10 . tit. 1.3.4 c 2.13 c ● 6. 2 pet 1.1 , 11. ● 2. ●● c. ● . 18 * alcuinus contra felicem vrgel . l. 2. * see mat. 1● 21.25 . luk. 1.31 . c. 2.21 . * expo●it . &c. in mat. c. 1● tom. 5 . ● p. 1. ‖ divinis officiis , c. 4. n. col● 1147. ‖ here p. 2 , 3 , 4. * see dr● fulk , mr. ca●tw●ight , dr. willet , bp. iewel bp morton and others . ‖ see here . p. 30 , to 48. * see sect. 3. * deut. 28.58 . ps. 72.18 , 19. ps 99.3 . isay 57.15 jer 10. ● c. 44.26 . ezek 39.1 , 7● 25. mal 1 . 11● 14 c. 2.2 , ● . * hexam . ●on , l. 6. c. * comment . in isai●m , l 1● . c. 45. in hesaiam , l. 4. c. 45. orat. 3. * in phil 2.9 , 10 , 11. ‖ heb. 1. psal. 2. 2 reg. 2. * aleuinus c●nt●a feli●em vr●el . ep . lib. 2. col . 106 , to 810. & proclus . cassianus , with others cited by him , & lib 3. ‖ gal 3.27 , 29. c. 2.17.20 , 21. * iohn 14.2 . ‖ nota. * tract 7. in evangelium secundum iohannem , se●mo . ● . & in ma●●m . l 2. all cited by beda exposit . in hebr. 1. * operum tom. 8. col. 530 , 531. tom. 6. col. 771 , 772 ● most full-place * on psal 45. and heb. 1. and on the creed . * psal. 45.7 . hebr 1.8 . an● all commentators ●n them . * bp. iewel reply to harding , artic. 8. of adoration . dr. reynolds de idolatria romanae ecclesiae . the homily of the peril of idolatry . bp. morton of the masse . * acts 4.12 . neither is there salvati●n in any other , for the●e is none other name under heaven given amo●g men , wherby we must be saved ‖ lu. 1.69.77 . c. ● . 30 c. 3 6. c. ●● acts 4 12. i●de 3 isay 62. ●● . m● . ● 7. ps. 62.1 , 2 , ● . * see sect. ● . 〈◊〉 , p 126. * mat w●stm . an 3●6 . s●e my pacif●que 〈◊〉 , &c p. 8 , 〈◊〉 24. * 〈◊〉 . p. 68.69 . * 2 kings 18.4 . * see section 3● * see summ● angel. & rosella , tit ▪ superstitio . ‖ mat. 5.21 , to 38. c. 15.2 , to 7. mar 7.3 , to 14. gal. 1.14 . notes for div a56184-e41150 a tertullian de corona m●litis , lib de ieiunio lib. origen h●m . 4. in numeros , cyprian serm. de oratione cent. magd. 7 , to 8. c. 6. de oratione . here p. 74. b s●e a●hanasiu● his creed , qu●d christus ●it deu● , and the orations , t●eatises of nazionzen , b●fil , hila●y , cy●ill , greg●ry nyss●n , and ●ther fa●hers against the arri●ns . * see centur. magd. 1. to 12. cap. 6. de ri●i●●● & ceremoniis . anno 1●3● . * pag● 1●3 . * mat. 27.37 . iohn 19.19 , 30. anno 1160. a bibl. patr : colon. agrip. 1618. tom. 12. pars 2. p. 881. d. b which may be either intended to worship and pray to her , or else to bow at the ●e●it●l of her name . anno 12●0 . c ●ibl . patrum , tom. 13. p. 266. b.c.e. ‖ it seems they then bowed , not stood up at gloria patri . * to jesus christ , not to iesus only . anno 1230. * bibl. patr. tom. 3. p. 351. ● . * bibl. patr. tom. 3. p. 351. ● . * ibid. tom. ●3 . 452 . h. anno 12●0 anno 1262. ‖ mich. loch mair serm. 20. de circumcisione domini . l. anno 1273. d see sexti decretalia lib. 3. tit . 23 c. 2. f. 187 cent. magd. basiliae , 1574. cent. 13. col. 919.934 , 935. greg. 10. decretalium , l. 6. de immunitate ecclesiae , cap. decet ▪ antoninus hist. pars 3. tit. 20. c. 2. f. 56. bernard . senensis , serm. 49. carolus stengelius de ss. nomine iesu , c. 23. p. 123. e see bernardinus senensis , sermo . 49. ●a●olus stengelius de●ss . nomine iesu. c 23. & salmeron , operum tom . 3 tract . 3● p. 335. &c who can raise this ceremony from no high●r pedegree . f iohannes 22. ducentos dies verae indulgentiae omnibus qui ad nomen iesu genua flecterent , vel caput inclinarent , vel tunderent pectus largitus est : salmeron operum , tom. 3. p. 335. * lect. 134 in lib. sapientiae , c. 11. f● 126. anno 1350. a psal. 41. ●0 . b a gross mistake , this name iesus being not then given to christ : not mentioned nor intended in the psalm : but the name lord , or god , as v. 1 , ● , 8 , 14. resolves . not iesus . nota. g see marty●i●●●gium romanum , & opme●● chronogr : p. 414. h carolus s●engelius ▪ de●ss nomine iesu , cap. 29 p. 157.159 . h carolus s●engelius ¶ de●ss nomine iesu , cap. 29 p. 157.159 . nota. ‖ here p. 1●3● i carolus s●engelius ibid p. 159 , 160 , 161. molanus histo●● de pic●uris & imag antw. 1617. l. 3. c. 1. ant●ninus p●●s 3. histor . tit 24. cap 3. salme●o● ▪ operum tom . 3. tract . 37. p. 335. so writes salmeron . a molanus de pictu●is e●lmag l. ● c. 1. & 18. b pars 3. hist tit. 24. c. 5. see s●engelius , p. ●●9 , 160 c de picturis l. 3. c. 1. & 18. see stengelius p. 162. & dr. fulks notes on the rh●mish testament●●n apoc. 13. sect . 7 , 8 , 9. anno 1431. d su●●us concil . ●om . 4. p 61. a. anno 14●● nota. * not corporis . nota. anno 1500. ‖ is not this battology an express violation of mat 6.70 bu● when ye pray use not vain repetitions as the heathens do ▪ for they think they shall be heard for their much speaking anno 1506. * printed together in sacrae litaniae variae , antwerpiae , 1629. p. 15 , to 34. ‖ printed also in officium beatae mariae secundum riium sacrum , f 170 * viz. by bowing unto it , when it is pronounced , as stengelius understands it . anno 1510. ‖ ●ohanne . baleus centur : scriptorum ▪ brit pars ult . p. 167. anno 1514. * printed antw 1629. with other litan●ae variae p. 64. to 96. s● nominis iesu cultus , p. 162. d de picturis ● imaginibus , ● . 3. c. ● & 18. anno 1●24 . ‖ surius concil . tom . 4. p 740 ▪ 741. bochel . lib. 4. tit . 1. c. 2 p. 543. vid. ibid. phil. 2. * surius ibid. p. 731. phil. ● . anno 1526. ‖ bochel . l. 4. tit . 1. c. 3. p. 544. anno 154● . ‖ surius concil . t●m . 4 p. 810. ‖ both name● are here expressed . phil. 2. ‖ not iesus . * not iesus . ‖ nota anno 1519. | sur●us tom . 4. p. 809. ‖ nota. ‖ iesus and christ are here bo●h united . ‖ vol. 3. of his works printed 1563. f. 39. ‖ m●ssale romanum , salmanticae , 1588. p. 26. * p. 127 , 128 , 129. anno 1578. * lour . bochel . decret . eccles. gal l. 4. tit. 1. ●● 14. p. 546. anno 1583. a decreta ecclesiae g●ll●●anae l 1. tit. 2. c. 22. p 21. b 1 cor. 11.5 , to 16. c 1 cor. 11 . 5● to 16. ● tim. 2.9 , 10. 1 pet. 3 ▪ 3 , 4. synodas taron . 1583. & concil bitur . 158● . apud bochel . decr. eccl. gal. l. 6. t it 9 c. 1● , 12. see my vnloveliness of love-locks p. 12 , to 23.30 , 31 32 & 43 , to 5● . d see gen. 41 43. matth. 27.29 . rom. 11.4 . e b●chell decr. eccl. gal l. 1. tit. 7. ● . 28. p. 8● . anno 1584. * see here , p. 29 , 49. f see iesus his psalter , here p. 128 , 129. bp. babingtons exposition of th● catholick faith p 195. here p. 42 , 43. anno 1582. g see dr. fulk and mr. cartwrights answer to the rhemish testament , ibid. here p. 36 ▪ to 41. h his crosse , his name , &c. are here coupled together , and bowed to alike . * note . i what difference then can any protestant bower at the name of iesus make between his bowing and the papists ? which protestants formerly condemned , and yet many of them 〈◊〉 contend for . k which some protestan●s , in name at least , begin now to set up again , to please the rhemists & papists * see he●e p. 36 , to 53. l where he pithily dispu●es this point . as also in his first reply to bish●p whitguists answer , p 163. and in his 2. reply , p. 215. m heidelburgiae 1613. n f●ancofurti 1548. fol. 54 , to 58. o he●born● 1616. p edit ▪ parisiis p. 1633. q as i hear of some protestants writing for this ceremony too , as hot as any iesuits , viz giles widdows , mr. page . r operum tom. 3. tract . 37. p. 335. s it seems the devil is be●ter pleased with this bowing ▪ than christ. t let our bowers at the sound only of the name o● iesus note this well & answer it as they can . u you see h●w the papists rank these three together , the adoration of the cross ▪ the image , and the name of iesus . x printed augustae vind●licorum 1613. where there is much written of this name to little purpose . y this is bishop andrews his reas●n too , see his sermons , p. 475 , 4●6 , 477. here re●uted p. 57● 110 , 111. z this is mr. widdows his reason , see his confutation p. 6. and 30 to●2 ●2 . and 81 , 82. * so bishop andrews res●lves too , here p. 56 , 58. a in nomine , not , ad nomen , which signifie●h to , not at the name ; here p. 2 , to 10. b so writes mr. widdows too , pag 6 , 14 , 15 , 16 , 17 , 25 , 26 , 74 , 86 , 8● , 88 , 90. and bish●p andrews , here p 56 , 58. c yet salmeron informed ●s bef●●e , that the devil cuff●d a monk for omitting it ; & therefore he is rather the author , th●n the hinde●er of this bowing . d see bp. andrews sermons in folio p 475 , 476 , 477. mr. adams his sermons p. 1203. dr. wrens sermon febr. 12. 1627 p 16 , 18. ‖ bp. andrews & mr. widdows , who misquote some fathers for it : whereas bp. whitguift , and zanchius write only , that it was an antient custome and practise in the church , but quote no authorities to prove it , because in truth there are none extant to prove it antienter than this its pedeg●ee . * see lame giles his haltings , p 7.8 31 , ●2 here ▪ p. 101 to 105. d sic n●ta romana superstiti● , quorum 〈◊〉 si percenseas , ridend● quam ●n●lia , mu●a etiam miserand● sunt minucius felix octav p. 76. e 2 ●●es . ● . 10 , 11.12 . * this was wri●ten , printed , an 1630. ‖ cyprian de spectac . lib. 〈◊〉 de 〈◊〉 . dei , ● 6. f de spectaculis libr. c. 8. g see the council of senn● , the rhemists , sal. mer●n● stengelius and fulk qua supra . a as mr. sam● vvard , mr. snelling and others . see canterburies d●om . p. 94 , 152 , 361. b de spect. lib. c. 10. c locorum com. de tradit . sect . 5. p. 421 , 422. * ad i●●●arium , ep. 119. se● . antiq● . eccl. brit p. 4. let our prela●es 〈…〉 it 〈…〉 their 〈…〉 under 〈◊〉 of ex●ommunica●●●n 〈…〉 upon ministers and others . ‖ why sh●uld any then be imprisoned , excommunicated , deprived of his ministry and benefi●e for not using ceremonies of mens inve●ting ? * athenesius ● nice●s cree●s . e 〈◊〉 eccles. hist. lib. 5. cap 16. centar magd. 4 col . 994. f acts and mon. vol. 3 p. 486 , 496 , 649 , 660. g fox acts and m●n . ●ol . 3 p. 487 , 496 , and here , p. 42. h see h●●a , offi●ium , ●sal●erium , rosarum , ●it●niae beat● mariae , crucis , n●minus iesu , of which the●e are divers sorts . * thus prayed against in the letanies in the common-prayer books of king edward the sixth , and in the book of ordinations , though now expunged . from all false d●ctrine and heresie , from the tyranny and detestable enormities of the bishop of rome , good lord deliver us . independency examined, vnmasked, refuted, by twelve new particular interrogatories: detecting both the manifold absurdities, inconveniences that must necessarily attend it, to the great disturbance of church, state, the diminution, subversion of the lawfull undoubted power of all christian magistrates, parliaments, synods: and shaking the chiefe pillars, wherwith its patrons would support it. / by william prynne of lincolnes inne, esquier. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91196 of text r210043 in the english short title catalog (thomason e257_3). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 49 kb of xml-encoded text transcribed from 8 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91196 wing p3985 thomason e257_3 estc r210043 99868877 99868877 159221 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91196) transcribed from: (early english books online ; image set 159221) images scanned from microfilm: (thomason tracts ; 44:e257[3]) independency examined, vnmasked, refuted, by twelve new particular interrogatories: detecting both the manifold absurdities, inconveniences that must necessarily attend it, to the great disturbance of church, state, the diminution, subversion of the lawfull undoubted power of all christian magistrates, parliaments, synods: and shaking the chiefe pillars, wherwith its patrons would support it. / by william prynne of lincolnes inne, esquier. prynne, william, 1600-1669. 12 p. printed by f.l. for michael sparke senior, and are to be sold at the blew-bible in green-arbour., london, : 1644. annotation on thomason copy: "sept: 26". reproduction of the original in the british library. eng church polity -early works to 1800. government, resistance to -religious aspects -early works to 1800. independent churches -england -early works to 1800. congregationalism -early works to 1800. great britain -church history -17th century -early works to 1800. a91196 r210043 (thomason e257_3). civilwar no independency examined,: vnmasked, refuted, by twelve new particular interrogatories: detecting both the manifold absurdities, inconvenience prynne, william 1644 8646 36 0 0 0 0 0 42 d the rate of 42 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-06 tcp assigned for keying and markup 2007-06 aptara keyed and coded from proquest page images 2007-07 angela berkley sampled and proofread 2007-07 angela berkley text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion independency examined , vnmasked , refuted , by twelve new particular interrogatories : detecting both the manifold absurdities , inconveniences that must necessarily attend it , to the great ▪ disturbance of church , state , the diminution , subversion of the lawfull undoubted power of all christian magistrates , parliaments , synods : and shaking the chiefe pillars , wherewith its patrons would support it . by william prynne of lincolnes inne , esquier . rom. 12. 16. be of the same minde one towards another : minde not high things , but be contented with meane things : be not wise in your owne conceits . 1 pet. 5. 5. likewise ye younger , submit your selves unto the elder ; yea all of you be subject one to another , and be cloathed with humility : for god resisteth the proud , and giveth grace to the humble . ephes. 4. 14 , 15. henceforth be no more children , tossed to and fro , and carried about with every winde of doctrine , by the slight of men , and cunning craftinesse , whereby they lye in wait to deceive : but speaking the truth in love , grow up into him in all things , which is the head , even christ . london , printed by f. l. for michael sparke senior , and are to bee sold at the blew-bible in green-arbour . 1644. independency examined , unmasked , refuted , by twelve new particular interrogatories . courteous reader , it being expected by some , that i should ( upon second thoughts ) render ) a more particular account of my disapprobation of the independent platforme , then i have lately done in my twelve considerable serious questions touching church-government , wherein i propounded my reasons against the same , but in a generall manner : i shall for thy further satisfaction , and our churches peace ( most necessary and desirable in these dangerous times ) propose by way of interrogation , my more particular exceptions , against this new form of government , with all ingenuity and freedome , without reflection upon any particular persons , or just disgust ( unlesse * truth displease ) to those who are contrary-minded : my only aim being to convince , reconcile , not irritate or disaffect them . the reason why i thus write by way of question , not descision , is , because ( for ought i finde ) the independents have not yet dogmatically , in direct termes ▪ discovered to the world the ful truth of what they assert , but politikely conceale the principall grounds , and more deformed parts of their church-platforme , till a further opportunity , for feare their very discovery at the first should cause their new building to miscarry . whereupon i have rather chosen to pump out their determinations by the ensuing questions to avoid mistakes then to refute them upon ba●e conjectures ; following the apostles seasonable advise , 1 thes. 5. 21. prove all things , hold fast that which is good . 1. whether the independent former of church-government , now so much contended for as the a only church-government of divine institution , which all ( say they ) are bound to submit unto , be anywhere to be found in the old or new testament ? what texts or presidents ( if so essentiall and necessary as it pretended ) doe either directly prescribe or delineate it unto us ? vnder what dark cloud or vaile hath it layn totally obscured , for hundreds yea thousands of years that it never appeared in any church nation , republike in the world from adams dayes till ours ? and whether it be yet so clearly revealed to those who pretend best knowledge of it , as to be positively resolved on amongst them what it is , or what the benefits or mischiefes of it may prove to be ? if not , i shall conclude of this new-government , as our saviour doth in his parabolicall speech concerning new-wine , b no man having drunke old wine streightway desireth new for he saith , the old is better : old presbytery , old unlordly episcopacy , are ( no doubt ) far better for us then new independency . 2. whether some independents do not extraordinarily eclipse , impeach , if not absolutely deny and subvert the lawfull power of civill magistrates , all former parliaments ▪ and the present too , in all matters of church-goverment and potlesiasticall affaires , contrary to their solemne covenant and protestations , ●o defend the ancient priviledges & authority of parliament , and even quite blow ●p all their ecclesiastick authority ( by a new kinde of gun-powder ) at one breath : yea lay most foul , scandalous , uncharitable censures upon the honourable members of this parliament , who deserve far better language from them ▪ witness this most observable dangerous passage , lately dropped from their pens , in a reply of two of the brethren to a. s. ( newly printed ) pag. 81 , 82. thirdly , if the law of the state be the first and most considerable band or tye upon men , to submit unto the power of your combined eldership , ( as you seeme here to imply , in saying , that all men and all churches thereof are bound by law , &c. ) then you must acknowledge , that the root and base of your government is * potestas secularis , secular authority : and then how is it ecclesiastick or spirituall ? a man may as well bring a cleane thing out of an uncleane ( in jobs expression ) as make a spirituall extraction out of a secular root . secondly , it will rest upon you to prove , that the civill state hath a power to forme and fashion the government of the churches of christ . yea , thirdly and lastly , it will be demonstratively proved against you , that you resolve the government of the churches of christ ( in the last resolution of it ) into the humours , wills , and pleasures of the world , yea of the vilest and most unworthy of men . brethren , bona verba quaeso : is this your printed , publike , avowed language of parliaments and the members of it , even to the very face of the most religious , best-deserving parliament that ever sate , which hath been most indulgent to you hitherto ? is this your so much boasted c preaching , writing , fighting for the priviledges and rights of parliaments , which ever since the first planting of religion among us to this present , haue framed and fashioned the government of our churches in all ages , as i can demonstratively manifest by good antiquities ? certainly this language of yours ( with sundry other like passages in this your much-applauded d reply ) cause intelligent men to suspect , that the designe of some of your party is , to hugge embrace the parliament , in shew , just as the yvie doth the tree , thereby to advance your selves ( the onely absolute ecclesiasticall dictators , law-givers ) and your independent churches by degrees above the parliament , and then to over-top , suppresse its power in the end ; or else to ruine it & us for the present , by endeavouring to raise schismes among us , both in parliament , city , country , and our armies , because they now discerne the major part of both houses and the synod inclined against your independent novelties . if this be the accursed project of any of you , ( for i dare not harbour so ill a thought of the greatest part ) the lord will both discover and avenge it to their infamy , in due season : in the meane time , to answere the substance of this most derogatory scandalous passage against parliaments ; i sadly referre it to all rationall mens judgments in the world , whether a parliament of the most eminent , religious , learned , grave , zealous wisest peeres and commons of this realme ( the representative body and grand councell of the kingdom ) assisted with the advice judgment of an assembly of the most orthodoxe pious consciencious ▪ learned ministers in our church , specially selected for this purpose , & of the chiefest of your independent party ▪ be not more fit to form , & fashion the government of the churches of christ , and better able to resolve , determine upon long and serious debate , what church-government is most agreeable to the word of god , and fittest for every particular parish-church throughout this island , for the advancement of gods glory , the peoples salvation , the generall peace and tranquillity of church and state then any one or two independent ministers , with five or sixe of their illiterate , impolitick , and perchance inconsiderate members ( to use no harsher epithite ) assembled in a private conventicle , can doe in two or three houres space ? and whether it bee meeter that these should prescribe a church-government , discipline to themselvs the parliament , synod , and whole kingdome to boot ; or the parliament and assembly to them , who deeme themselves e wiser , holier in their owne vaine conceits , then a thousand parliaments , synods put together ? i doubt not they wil all confesse , that in their congregationall debates about any point of order , discipline government or doctrine , in any of their independent churches , the f major voice or party ought to over-rule and binde the lesse ; and if so , let them yeeld me a solid reason , when they are able , why the ecclesiasticall constitutions , resolutions , orders , edicts of the greatest part of an whole nationall parliament , synod , kingdome , should not much more binde both them and all their independent churches as well as others , as they have ever hitherto done ? and why a combined presbytery , of many , learned ministers , lawyers , gentlemen of best judgment , quality , should not be fitter to decide all church-controversies and affaires of moment within their prefixed limits , by generall laws and canons setled in parliament by common consent , then any independent or popular tribunall of lesser judgement and experience , by their owne arbitrary privat edicts ? else they must deny what the holy ghost informs us , g that two are better then one ; h that in the multitude of counsellours there is safety : or that the pious i kings in the old testament , or a nationall councell , or parliament of their princes , nobles , elders , captaines , and people of best quality , had any lawfull power to reforme or settle all weighty ecclesiasticall church-affaires ; as they ever did by gods owne command and approbation . 3. whether it be not the independents professed tenet , if truely and positively laid downe , that * every minister hath a divine right and liberty , to gather to himselfe an independent church , not of pagans , infidels converted by himselfe alone , but of all the eminentest christians formerly converted , and regenerated by the ministry of others ( especially if rich or potent persons , able to give them large contributions and support ) who shall voluntarily submit themselves to his ministry , and such a church-government as he shall dictate to them : though by our established lawes and customes , ( which our solemne vow and covenant obligeth us to maintaine ) they be parishioners to twenty other godly ministers , by whose ministry they were first regenerated and built up in grace ? that every christian hath a free liberty , by the law of god , to unite himselfe to what independent congregation hee pleaseth ; the husband to one congregation , the wife to another , the children to a third , the servants to a fourth ; nay , every distinct person in a family to a severall church , ( and that not onely without , but against the consents of their owne magistrates , ministers , husbands , parents , masters , who have no jurisdiction ( as some say ) over their consciences herein ; so as one great family shall be divided into members of twenty or thirty severall independent churches , if they please , and those perchance different one from another in their government , opinions , discipline , ceremonies ? that those whose consciences or judgments will not permit them to joine with their independent churches , ( which they * professe to be canonicall ( though guided by no canons ) and of divine assertion , denying all other church-government to be so ) must be wholly excluded ( as heathens and reprobates ) from being members of any church ; or rather ( by the self-same christian liberty as independents plead for ) they may unite themselves into presbyteriall or hierarchicall churches , or what other forme they please to elect : and so we shall have an independent church-government in one part of a family , parish , town , county , kingdom ; a presbyteriall in another ; an episcopall in a third : and by this means if the husband bee a great stickler for episcopacy , and member of a prelaticall church ; the wise a fierce zealot for independency , and a member of such a congregation ; the children or servants stout champions for presbytery , and members of such assemblies , what confusion distraction , implacable contestations , * schismes , tumults this licentiousnesse ( for i cannot stile it freedome of conscience ) would soone inevitably engender in all families , villages , cities , counties , kingdomes , to their utter ruine and desolation , the meanest capacity may with ease divine ; without the help of an oracle . however , it would unavoidably subvert all ancient bounds of parishes , all setled maintenance for the ministry by tithes or otherwise and put all ministers into the condition of friars mendicants , to live ( as independents do ) upon the almes or voluntary contributions of their severall congregations , to whose humours , errours , opinions , they must either readily conforme , or else starve for want of subsistence , in case of their displeasure , being subject to casheering upon every small dislike . 4. whether independents must not necessarily grant from their owne principles , that as every minister hath free liberty to congregate what church hee pleaseth , of men suitable to his own opinions , practise ; so also particular persons have a like liberty to unite themselves together into a church , to elect what minister they thinke best , and prescribe to themselves what government they shall conceive to be most sutable to the scriptures ? and if so , then every man will * heap to himselfe teachers , and erect churches after his own lusts : meer papists ▪ and popishly affected persons , will set up popish churches and priests ; arminians , arminian churches and preachers ; anabaptists , anabaptisticall ministers and assemblies ; arrians , anti-trinitarians , such conventicles and pastors ; libertines , a licentious church and ministry ; yea , every heretick , sectary , or guidy-pated enthusiast , upon pretext of new revelations and discoveries of concealed evangelicall truths , ( though when exactly scanned they may oft times prove old errors or meer diabolicall delusions ) will erect new independent churches of their own ( and that for succession and perpetuity to the perverting of infinit soules ) , uncontroulable , unsuppressible by any ecclesiasticall or civill authority : and thus in few moneths , or yeares space at least , through satans instigations , our owne depraved judgments , ( a verse to unity , piety , purity , but † prone to errour , heresie , schismes , lyes yea lying phantasies ) and through defect of a severe coercive power , in ecclesiasticall synods-parliaments , temporall magistrates , ( who as * some new independent lights informe us , have no coercive power to suppresse these springing heresies , but onely by a non-communion with or refuting them by the word to which they will obstinatly * refuse to hearken , as deeming their own opinions most divine : ) we shall have almost as many severall heresies , sects , churches , as there are families , persons ; ( quot homines tot sententiae , tot ecclesiae : ) yea , if they thus admit every minister , or secular person , to have a divine right , freedom , to set up such an independent church and government as he pleaseth ; then by the self-same reason , they must have a like liberty to elect erect , what civill forme of government they please ; to set up a new independent republike , corporation kingdome , magistracy , in every family , parish , city , county , and to cast off all former civill governours , governments , lawes at pleasure , as well as ecclesiasticall ; there being the selfe-same grounds both of obligation , obedience to , and exemption from the one as other . and if men by their christian liberty shall thus be wholly exempted at their pleasure , as well from all temporall as ecclesiasticall lawes and formes of government , ( as grant me but the one , they must of necessity yeeld the other ; the same texts , reasons obliging us equally in both , and * kings , parliaments having the self-same jurisdiction in and over all † ecclesiasticall matters , which are not positively of divine institution and injunction , as in and over temporall ) what an anarchy and ataxy this will suddenly introduce , to turn all kingdomes , republikes , nations , corporations , churches , families , and the world it self , quite upside down , and ruine them by schisms ; i tremble to imagine . 5. whether the minister alone , or the congregation without the minister , or both conjoined , have power in their independent churches to make and prescribe particular formes of church-covenants , orders , conditions , to all who are or shall be admitted members of their new erected congregations ? if the minister alone , without the people , ( which i suppose they grant , because he is the principall actor in gathering their new churches to himselfe , and the sole person who must first admit them to be members of his flock , upon his own conditions : ) i would then demand ; whether every independent minister arrogates not as much or more power to himselfe , in making , prescribing lawes and covenants to his congregation by his own inherent authority , without consent of king , parliament , synod , or people , as the pope himselfe usurpeth , and farre more power , authority , then independents either do or dare ascribe to christian princes , magistrates , councels , or the parliament ? to all and every of which they absolutely * deny any power of making or prescribing ecclesiasticall lawes , covenants , canons , to binde them , or their independent churches or any members of them ; yea any sufficient coercive power to restrain or punish hereticks , schismaticks , or broachers of heterodox novell opinions , to disturb the churches or republikes tranquillity . if the people alone without the minister , or both conjoyned , then you invest every independent conventicle , consisting of never so few inconsiderable ignorant members , with a greater legislative power , and ecclesiasticall authority , then you allow to whole nationall parliaments , councels , consisting of most eminent , learned , pious persons of all sorts ; who by your new doctrine have no jurisdiction at all to make or enjoyne any forme of church-government , covenant , ecclesiasticall lawes or canons , to any particular churches : as if the eminentest ministers and members of churches , by becomming members of parliaments or councels , did thereby forfeit and lose the right or exercise of that power , in those great representative bodies of the whole kingdome and church of england , which you readily allow both them and others in every private church or conventicle : a most strange and senselesse whimsie . 6. whether it be lawfull or justifiable by the word of god , for any independent minister of england , contrary to the lawes of the realme and inhibitions of parliament , of his owne bare authority to congregate and erect an independent congregation ; or to prescribe a particular forme of church-government , together with a church-covenant ( in nature of a solemne oath ) to which euery particular member of his new congregation must subscribe before admission into his church ? whether there bee any the least precept , president in scripture , or antiquity to warrant such an irregular usurped authority and power among christians ; which the verie apostles themselves never claimed ? whether all the particular churches in any nation , kingdome , city , republike professing the same orthodox faith , though divided ( for more conveniency ) into severall congregations , be not all members of , and constitute but * one intire nationall church , or common christian society , as they did at first , before thus multiplied , augmented ? ( even as all the particular houses , parishes , societies in london are members of and make but one city and corporation ; all the families , parishes , townes , counties in england , but one kingdome or republike ; and as all particular and nationall churches in the world , make up but one entire catholike militant church : ) whence both in scripture phrase , and common speech in all authors . languages whatsoever , they are commonly called by the name of one church , in the singular number ; as , the church of england , france , scotland , ireland ; the eastern , westerne , greeke , latine church ; the church of the jewes , gentiles , &c. and if so , then let our independents shew me , if they can , the least colour of scripture or reason , why the parliament and assembly ( chosen to assist them by publike consent ) representing our whole church , state , may not as lawfully set up and prescribe a new church-government , discipline , lawes and canons , agreeable to and not discrepant from gods word , to binde all particular churches and persons within our realme , as well as pull downe and demolish the old , or make temporall lawes and ordinances to binde all persons , societies , members of the realm , ( and independents too as well as others ) both to obedience and punishment ; or else for ever disclaim their new-minted government , their declamations , arguments against the power of nationall synods parliaments in ecclesiastical matters and church-government , as most ridiculous and absurd . 7. whether the members of every independent church , may at their owne free liberty , when ever they please , desert their owne particular church , and become members of other independent or presbyteriall congregations , without the licence or dispensation of their owne church or minister first obtained ? if yea , then why oblige they them to the contrary by particular church-covenants ; or refuse to admit any members of one independent church into another , without such consent or licence first obtained ; or at least repute it a grand injury in that church or minister who admits them ? ( especially if they be wealthy members , for some say poore ones , and persons of meaner condition , are not much regarded by independents , no more then poore or contemptible offices . ) if nay , then by what law or conscience doe , or can they congregate their independent churches out of twenty or thirty severall parishes and congregations , not onely without any authority of the state , or licence of the ministers or whole churches in those parishes ; but even against their expresse wills and desires ; yet thinke they doe god good service ; these ministers , parishes , no injustice by it , though it be directly contrary to their owne principles , and these common dictates of god and nature ; quod tibi non vis fieri alteri ne feceris : and , * all things whatsoever ye would that men should doe unto you , doe yee even so unto them , for this is the law and the prophets ? 8. whether independents peremptory refusall , to admit any to be member , of their churches , to receive the sacrament of the lords supper , or to have their children baptized among them , unlesse they will first subscribe to such particular church-covenants ; orders as they shall prescribe ; and their rigid excommunication , rejection of such members who have taken their covenants , in case they subscribe not to all their further dictates and opinions , without any re-admission , till they shall promise an universall conformity in opinion and practice to whatever is required by their independent minister or congregations ; be not an usurpation of as great yea greater coercive power over the consciences , persons of christians , as presbyterians , parliaments claime , or as the bishops themselves in the height of their pride and tyranny ( as bishops ) ever challenged or usurped ? notwithstanding christian liberty of conscience , in opinions , practice , ( which they pretend to leave arbitrary to every mans free election ) be the principall pillar to support , the sweetest inescating bait to entice men to embrace their independency ? if they say , they imprison enforce no mans person or conscience , but leave all persons , consciences free : i answer , that the excluding men from their church-assemblies , sacraments , christian communion , yea their very innocent infants from baptisme itselfe in their independent churches , unles they will conforme to their arbitrary church-covenants , dictates , prescriptions ( warranted by no scripture or divine examples ) is a farre greater * greivance , violence , coertion to the persons , conscience of christians , then all imprisonment , racks and corporall tortures in the world : yea an unjust exclusion of them from that undoubted right to the ordinances and church of christ wherewith god himselfe hath invested them . 9. whether independents refusall to admit such christians , who are not notoriously scandalous in their lives , nor grossely ignorant in the principles of religion , to the sacrament of the lords supper , when they earnestly desire to receive it , or professe a cordiall present remorse of all their former sinfull courses , with an unfained resolution to live a pious holy life for the future , onely upon this suspicion or apprehension , that they are but carnall men , not truly regenerated or sanctified by gods spirit , ( though they cannot certainly judge of their present spirituall conditions , † infallibly known to god alone ) be not a very uncharitable , arrogant , yea unchristian practice , contrary to our saviours owne immediate example , who at the first institution of this sacrament admitted * judas to his last supper as well as his fellow-disciples , though he certainly knew him to be both a traitor and devill ; opposite to the injunction of † paul himselfe , who though he disswades unworthy receivers from eating and drinking the lords supper without due preparation and examination , for feare of eating and drinking damnation or judgment to , and drawing downe temporall diseases on themselves ; yet he simply excludes none from receiving it , at their owne perils , who are willing , or desirous to participate of it , nor gives any authority to ministers absolutely to seclude them from it , unlesse excommunicated and notoriously scandalous . and whether their present deniall to administer the sacrament in their churches to those who are truely religious , earnestly longing even frequently to receive it for their spirituall comfort , according to christs own institution , only for fear lest some unregenerate persons should communicate with them , and depriving their whole congregations of this most comfortable necessary ordinance for sundry months , nay yeares , ( as some have done ) upon this groundlesse , unwarrantable reason● , refuted by christs owne example , who administred the sacrament to the other disciples though there were a judas amongst them ; by the practice , doctrine of paul himself 1 cor. 11. 17. to 34. and the usage of all christian churches throughout the vniverse , be not an over-rigid , uncharitable , unjust ( that i say not impious ) action , injurious to christ himself , to the soules and spirituall estates of those good christians secluded from the sacrament , and a more transcendent strain of tyrannicall usurpation over the soules , the consciences of christians , and ordinances of god himself , than ever our most domineering lordly prelates exercised , or any presbyterians have hitherto pretended to lay claim unto ? if this proceed not from a domineering spirit , and be not an excessive * lording of it over the lords inheritance , yea over christ himself in this his ordinance , i professe i am much mistaken : yea , i feare this spirituall pride and excessive uncharitablenesse of some , who take upon them by their owne inherent power to erect new congregations , and set up new formes of church-government , discipline , &c. in christian states , churches , already planted , without , yea against their parliaments , or † christian magistrates authority , when as the very apostles did never by their owne ordinary jurisdiction , as private ministers , but onely by their extraordinary calling , as apostles ; or in and by their canonicall epistles , dictated by gods spirit prescribe any matters of church-government , discipline , rites , or order to the particular churches first gathered and planted by themselves alone , as is evident by acts 7 , 1. to 8. c. 14. 22 , 23. tit. 1. 5. 1 cor. c. 7. & 11. & 12. & 14. c. 16. 1. 2. jam. 2. 2. 3. c. 5. 13. 14. 15. 16. except in and by a publike synod , acts 15. ) and thus debarre others from the sacrament , as unmeet receivers , upon such unwarrantable grounds , do make themselves far more uncapable , unmeet to receive it , than those they thus exclude . 10. whether that noted text of matth. 18. 15 , 16 , 17. if thy brother shall trespasse against thee , goe tell him his fault between thee and him alone ; if he will heare thee , then thou hast gained thy brother : but if he will not heare , then take with thee one or two more , that in the mouth of one or two witnesses every thing may be established . and if he shall neglect to heare them , tell it to the chvrch ; but if he neglect to heare the chvrch , let him be to thee as an heathen man and a publican ; be meant of any independent or ecclesiasticall consistorie , excommunication , or church-censures properly so called ? or not rather of the iewish synedrium , councell , or civill court of justice , and of a civill excommunication , like to an outlawry at the common law , as * mr selden with others more t●uely interp●t●t ? since our saviour speaks there , 1. of a private trespasse done to a private person , of which no church , classes , or ecclesiasticall consistorie , hath proper conusance ; not of a publike scandal to the congregation , or any scandalous crime or vice as is evident by the very first words , and by luk. 17. 3 , 4. compared with ●●n ▪ 50. 17. 1 king 8. 31. 2. of a demand of private satisfaction , first personally , next in presence of witnesse , before any complaint to the church or councell . 3. of no censure or judgment passed , but barely of an admonition given by the church to the partie offending ; which if neglected and not heard , then 4. not the church , councell , and all other persons , but onely the partie offended was to repute ( but not excommunicate out of the church or congregation ) him as an heathen , and a publicane , ( which were both odious to the iewes , who had no civill conversation with them , and were no members of the iewish church except proselites ) as the expresse words , let him be to thee ( not any others ) as an heathen and a pulican , ( that , is converse no more with him , but avoid his company , 2 thes. 3. 14. ) resolve , which reasons , compared with matth. 5. 22 , 25. c. 10. 17. c. 12. 14. c. 22. 15. c. 27. 1 , 7. acts 18. 12 , 13 , 14 , 15 , 16. c. 16. 20 , 21. c. 17. 6. c. 23. 1. 14 , 15. c. 24. 1. to 7. c. 25. & 26. infallibly evidence , the church or assembly in this text to be meant onely of the temporall court , councell , or sanhedrin of the iewes , not of any ecclesiasticall or church-iudicatory , or excommunication , as papists anciently , with some others now determine . 11. whether the apostles and members of the first evangelicall synode , we read of acts 15. sate and voted in it as apostles onely , indued with a spirit of infallibilitie ( which was a peculiar priviledge to them alone , ) or else in their ordinary capacity , as elders and chief members of it ? if as apostles only , and in that extraordinary capacitie , as * independents assert : then 1. paul and barnabas being apostles as well as they , might have decided that controversie at antioch , without sending to jerusalem to determine it : 2. the church at antioch would have sent to none but the apostles to resolve their doubts , and not to the elders at jerusalem as well as to the apostles , as they did vers. 2. thirdly , paul and barnabas would have put the question to the apostles onely , not to the elders and church as well as to them , which they did vers. 4 , 5 , 6. fourthly , the apostles would not have called a synod of all the apostles elders and brethren at jerusalem to consider of or consult about this thing vers. 6. but have determined it presently by their infallible spirit without consultation , or a synods assistance . fifthly , peter and james would not have argued the case so largely , and proved it by arguments and scriptures as they did , one after another , vers. 17 to 23. but have peremptorily resolved it without dispute , had they sate and determined it by their extraordinarie infallible power . sixtly , the finall resolution , letters , and canons of this synod had run onely in the apostles names , had they proceeded onely by their apostolicall infallible authoritie , and not in the names of the elders and brethren too , ( coupled together with theirs both in the letters and canons , vers. 21 , 22 , 23 , 24 , 27 , 28. c. 16. 4. c. 21. 18. 25. ) who were not all endued with the self-same infallibility and power as the apostles were , for ought can be proved ; therfore their assembling in this councell , not in their extraordinary capacity as apostles only , but as elders , ministers ; and the elders , brethrens sitting together in councel with them , upon this controversie and occasion , is an undeniable scripture-authority for the lawfulnesse , use of parliaments , councels , synods under the gospel , upon all like necessarie occasions ; and for their power to determine controversies of religion , to make canons in things necessary for the churches peace and government , ( there being no one place in scripture against it , but many texts in the old testament to backe it , elsewhere quoted ) mauger all evasions , exceptions to elude it . 12. whether the temporall magistrate , parliament , and civill state , have not a lawfull coercive power , though * not to restraine the preaching of the gospel and truth of god , yet to suppresse , restraine , imprison , confine , banish the broachers of any heresies , schismes , erronious seditious doctrines , enthusiasmes , or setters up of new formes of ecclesiasticall government without lawfull authoritie , to the endangering of the peoples soules , or disturbance of the churches , kingdomes peace , as well as ministers and particular churches christians , power to * reprove , refute , avoid , excommunicate or anathematize them , notwithstanding † some independents new-minted objections against it : and that by virtue of deut. 13. 1. to 12. lev. 24. 11. to 17. num. 26. throughout , josh. 7. 25. 26. c. 22. 11. to 34. psal. 101. 4 5 , 8. 4 , 5 , 8. 1 king. 18. 40. 2 king. 10. 21 , to 29. c. 23. 5. 20. 2 chro. 34. 4. 5. rom. 13. 1. to 6. 1 pet. 2. 14. gal. 5. 12. rev. 2. 20. c. 19. 20. 21. cap. 17. 16. and the ten hornes ( interpreted to be ten kings v. 12. ) shall hate the whore ( with all her panders ) and shall make her desolate and naked , and shall eat her flesh , and shall burne her with fire : for god hath put it into their hearts to fvlfill his will , ezra 7. 26. and whosoever will not doe the law of thy god , let judgment be executed speedily upon him , whether it be unto death , or unto banishment , or to confiscation of goods , or to imprisonment , with sundry * other texts . hence * christian princes , magistrates , parliaments , in all ages and churches in the world have made severe temporall lawes , edicts against , and inflicted corporall punishment , banishment , confiscation of goods , ( and in some cases death it selfe ) upon hereticks , schismaticks , disturbers of the churches peace with erronious or seditious doctrines : which lawfull power of theirs hath ever bin asserted by the most † orthodox churches , writers in all ages , and never oppugned by any but anabaptists , who deny all civill magistrates , or such licencious hereticks , schismaticks , or false teachers , who would spread their pestilent errours , and seditious novell positions without restraint ; or durst never suffer martyrdome for , or seale them with the losse of their liberties , lives , estates , which godly orthodox martyrs and christians have cheerfully undergone , under pagan , hereticall , and popish kings , magistrates . and if we either deny , abolish , eclipse , diminish , or suspend this necessary coercive power ( the principall meanes under god to suppresse , extirpate all growing errours , schismes , which disturbe the churches trantranquilitie , seduce unstable soules ) our church and realmes will be soone overgrowne with dangerous errours , heresies , schismes , and brought to speedy desolation ; the contemptible sword of excommunication , or non-communion , and the bare preaching of gods word to obstinate hereticks , papists , schismaticks , ( who will * contemn the word , and excommunicate all other churches dissenting from them , as hereticall , schismaticall , as fast as they excommunicate or discommon them , and so propagate , perpetuate their heresies , schismes , without redresse ) being unable to suppresse such peremptory offendors , without the temporall magistrates sword of justice added to them ; who having a lawfull jurisdiction derived to them in the gospel , * to punish and suppresse all evill doers , without distinction , have doubtlesse an unquestionable authority to punish obstinate heretickes , schismaticks , false teachers , with temporall censures , who are the greatest malefactors , sinning against the word and truth of god , disturbing the peace of church , state , seducing and destroying peoples soules ; a far greater crime then to murder their bodies , or rob them of their estates . in briefe , all protestant churches whatsoever , in their publike * confessions acknowledge , that the care of preserving , propagating true religion ; of suppressing , extirpating heresies , errours , schismes , superstition , idolatry , and the fautors of them , by temporall punishments and censures of all sorts , doth principally belong to christian magistrates , kings , princes : ( which duty they can in no sort execute , if now ( with the anabaptists ) ou deny them this most just coercive power : ) that all lawfull civill magistrates and powers whatsoever , though instituted by men , are even in the new testament expresly resolved , to be the * ordinances of god , and all their just commands , lawes , edicts , ( not repugnant to gods word ) readily to be obeyed and submitted to , even for conscience , and for the lords sake , under paine of sinne and condemnation : therefore what ever our pious parliament , the supreme power , by advice of the assembly , after much fasting , prayer , disputes , advice , and serious consultation , shall order , decree touching church-government or discipline , as most consonant and not repugnant to gods word , ought in point of conscience to be submitted to by independents and all others , as to a government , discipline , ordinance approved of by god ; and if any heretickes , false teachers , schismaticks obstinately refuse conformity after due admonition , and all good means used to reclaim them the poets divinity and policy must then take place , as well in eclcesiasticall as civill and naturall maladies : * cuncta prius tentanda , sed immedicabile vulnus ense rescidendum est , ne pars syncera trahatur . deut. 12. 8. ye shall not doe after the things that we doe here this day , every man whatsoever is right in his owne eyes . finis . notes, typically marginal, from the original text notes for div a91196e-250 * gal. 4. 16. a reply of two of the brethren to a. s. p. 66. b luk. ● . 37. * i pray informe me why an whole parliament and assembly of godly christians and divines , wherein are many of your owne chiefe independent ministers , members , should be more secular , unclean , filthy , or unable to make a spirituall extraction of church-government , then one of your independent churches or conventicles ? c a reply to a. s. p. 85. d page 42. to 65. e pro. 2●●●6 cap. 30. 1● . ●●● 65. 5. 〈◊〉 . 18. 10. to 16. f 1 chron. 13. 4 , 5. act. 15. 22 , 23 &c. g eccles. 4. 9 , 10 , 11 : h pro. 11. 14 i 1 chro. 13 3 , 4 , 5. &c. 28. 〈◊〉 29. 2 chro. ● . 5 & 6. & 7. c. 23 2 , 3. c. 30. 10. to 27. c. 31 ● . ●isth . 9 , 20. 〈◊〉 31. ezra 3. 1. c. 10. 1. &c , ●eh . 8. 1 , &c. * they should ●owell to define , 1. of how many members , every independent congregation should consist ? 2. within what precincts they should live ? 3. what set stipends they shall allow them , and how raised when ascertained ? 4. when and where their churches should assemble ? 5. who shall prescribe extraordinary 〈◊〉 of fasting or thansgiving to them upon just occasions ? 6. who shall rectifie their church-covenants , discipline , censures , government , if erronious or unjust ? 7. shew us a sufficient satisfactory commission from gods word for all they doe or desire , before they gather any churches . * reply of two of the brethren 64 , 65 , 66 , &c. * 1 cor. 1. 11. 12. 13. cap. 3. 3 , 4. mat. 12. 51. 52. 53. * 2 tim. 4. 3 ; 4 a proplaesse which concerns our present times . † gal. 5 , 20 , 21. c. 2. 11 , 12 , 14. act. 15. 39. ● thes. 2. 11. rom. 1. 29. 31 c. 16. 17. 1 tim 6. 5 , 6. tit. 3 9. * reply of two of the brethren pag. 52. ●0 61. * 2 tim 4 6. * see 1 chro. 13. 1 to 7. 2 chro. 5. & 6 , & 7. c. 15. 8. to 16 c. 30. 1 to 7. c. 31. 1. c. 34. 31 , 32 , 33 , 34. ezra 7. 26. cap. 10. 1 to 7. esth. 9. 20. to 32. † 25. h. 8 c. 19 21. 37. h. 8. c. 17 , 26. h. 8. c. 1 27. h. 8. c. 16. 28. h. 8. c. 10. 1. e. 6. c. 2. 1. eliz. 6. c. 1 , 2. 8. eliz. c. 1. 31. h. 8. c. 10 , 14. 32. h. 8. c. 22 , 24 , 28. 33. h. 8. c. 29 , 34. & 35. h. 8. c. 17. 19. 35. h. 8. c. 1. 3. * reply of two of the brethren p. 52. to 69. * as one and the same city , kingdom , nation , encreased with new houses , parishes , streets , territories , and generations of people , continue still but one and the self-same city , kingdom , nation : so the first christian church planted in any city , kingdome , nation , when spread over all that city , kingdome , nation , and distributed into severall particular congregations , continues but one and the self-same generall church of which all particular churches are members , and not independent absolute in themselves , divided from , or vnsubjected to the intire common nationall church . 1 cor. 12. 12 , to 22. ep●● . 2. 19 , 20 , 21. c. 1. 3 , to 17. acts 2. 47. * matth 7. 12. 〈◊〉 c. 6. 31. * psal. 34. 1. to 11. psal. 120. 3 psal. 42. 1 , 2. psal. 27 : 4. † 2 chro. 6. 30. ier 17. 19. 20. act. 1. 24 * m●●● . 26. 20 to 32. mark 14. 10 , &c. luke 22. 3. to 24. iohn 6. 70 , 71. † 1 cor. 11. 17. to 34. * 1 pet. 5. 3. † moses the chief temporal magistrate under the law , together with david , solomon , and other godly kings , did by gods owne direction , and approbation , direct , order , and settle all particulars in and about the altar , tabernacle , arke , temple , consecrating both them and the priests too , appointing all officers about them , together with the courses of the priests , singers ; & that by cōmon advice of the princes , captains , elders of the people , & not by the votes or directions of the priests , who had no ruling voice herein : which authority being no where revoked nor denied christian princes , magistrates , parliaments , under the gospel , they no doubt enjoy it still . and therefore these ministers who thus erect new churches usurp on their authority . * de anno civili , &c pr●satio p. 6. ● &c 18. p 83 , 84 and d jure natura & gent●um l. 4. c. 8. * reply to a. s. p 70 , 71. * mat. 10. 17 , 18 mar. 9. 10 , 13 acts 4. 16. to 23. c. 5. 17. to the end . * 1 tim. 1. 19 , 20. 2 cor. 6. 14. to 18. rom. 16. 17. tit. 3. 10 , 11. 2 ioh. 10 , 11. † reply of two of the brethren p. 51. to 63. * matt. 10. 17 , 18 , 21. c. 26. 47 , to 74. c. 27. 1 , to 60. acts 4. 1 , to 24 c. 5 17 , to 40. c. 6. 12 , 13. c. 9. 1 , 2 , 3. c. 11. 2 , 3 , 4. c. 16. 20 , to 40. c. 18. 12. &c. c. 23 , & 24 & 25 , & 26 , & 27. rightly understood . * iustinian . codic . l. 1. tit. 8. 10. and our lawes against iesuits , priests and recusants . † see the harmony of confessions sect. 19. * psal. 58. 4 , 5. ier. 30. 19. c. 〈◊〉 . 33. isa 30. ● , 10. 2 tim. 4 ▪ 3 , 1. * rom. 13. 1 , 〈◊〉 7. 1 pet. 2. 13 , 14 , 15. tit. 3. 1. * see harmony of confessions sect. 19. * rom. 13. 1 , to 8. 1 pet. 2. 13 , 14 , 15. tit. ● , 1 , 10 , 11. ● pet. 2. 10 , 11 iude 8 , 9 * ovid me 〈…〉 a briefe suruay and censure of mr cozens his couzening deuotions prouing both the forme and matter of mr cozens his booke of priuate deuotions, or the houres of prayer, lately published, to be meerely popish: to differ from the priuate prayers authorized by queene elizabeth 1560. to be transcribed out of popish authors, with which they are here paralelled: and to be scandalous and preiudiciall to our church, and aduantagious onely to the church of rome. by william prynne gent. hospitij lincolniensis. prynne, william, 1600-1669. 1628 approx. 307 kb of xml-encoded text transcribed from 69 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-09 (eebo-tcp phase 1). a10177 stc 20455 estc s120656 99855851 99855851 21358 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a10177) transcribed from: (early english books online ; image set 21358) images scanned from microfilm: (early english books, 1475-1640 ; 971:14) a briefe suruay and censure of mr cozens his couzening deuotions prouing both the forme and matter of mr cozens his booke of priuate deuotions, or the houres of prayer, lately published, to be meerely popish: to differ from the priuate prayers authorized by queene elizabeth 1560. to be transcribed out of popish authors, with which they are here paralelled: and to be scandalous and preiudiciall to our church, and aduantagious onely to the church of rome. by william prynne gent. hospitij lincolniensis. prynne, william, 1600-1669. [24], 104 p. [by thomas cotes], printed at london : 1628. a reply to: cosin, john. a collection of private devotions. printer's name from stc. in this edition [par.]2r has catchword "deuotions,"; c3r has catchword "but". some copies have the preliminaries of stc 20455a. reproduction of the original in sion college. library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng cosin, john, 1594-1672. -collection of private devotions -controversial literature -early works to 1800. catholic church -controversial literature -early works to 1800. 2002-03 tcp assigned for keying and markup 2002-04 spi global keyed and coded from proquest page images 2002-05 tcp staff (michigan) sampled and proofread 2003-04 spi global rekeyed and resubmitted 2003-06 rina kor sampled and proofread 2003-06 rina kor text and markup reviewed and edited 2003-08 pfs batch review (qc) and xml conversion a briefe svrvay and censvre of mr cozens his couzening deuotions . prouing both the forme and matter of mr cozens his booke of priuate deuotions , or the houres of prayer , lately publ●shed , to be meerely popish : to differ from the priuate prayers authorized by queene elizabeth 1560. to b● transcribed out of popish authors , with which they are here paralelled : and to be scandalous and preiudiciall to our church , and aduantagious onely to the church of rome . by william prynne gent. hospitij lincolniensis . mat. 7.15 , 16. beware of false prophets which come to you in sheepes clothing , but inwardly they are rauening wolues : ye shall know them by their fruits . 2 cor. 11.14 , 15. for satan himselfe is transformed into an angell of light . therefore it is no great thing if his ministers also be transformed as the ministers of righteousnesse , whose end shall be according to their workes . printed at london . 1628. to the right honourable , the knights , citizens and burgesses of the commons house of parliament now assembled . right honorable , thrice worthy , a●d true christian senators , your pious z●ale , and zealous pietie , in questioning some popish and arminian bookes , which haue beene lately published ( and i would i could not say authorized and patronized : ) by some spurious and romanized , if not apostalized sonnes , and pastors of our church , to the inquietation of o●r state , the h●zzard of our church , the propagation of pop●ry and arminianisme , the be●r●ying of the truth , the encouragement of our enemies , and the inexpiable blemish of our orthodox and apostolicall religion ; hath , as at first inuited me to pen , so now emboldened mee to p●blish , and dedicate , this briefe svrvay and censure of maste● cozens his cozening deuotions to your honours : if not to animate , helpe , or further , yet at least to ease you in the anatomie and cleare discouery of that virulent and popish poyson , which is couched in the veines , and cloaked vnder the coule , and saint-like habit of those new deuotions , which now expect , nay neede , your doome and censure . as it fares with potent states and a ample cities ; that they can no sooner want an enemie abroad , but presently they finde and feele some foes at home : so hath it of late befell our church ; who hauing secured her selfe against the feare of foraigne enemies by those b sundry victories and glorious trophi●s , which her tyndall , her fox , her iewell , her rainolds , her whitakers , her fulke , her perkins , her abbot , her whites , her willet , her morton , her vsher , and her other learned wo●thies haue oft-times gained ouer romes master-champions , and greatest goliahs , who proclaime vs victors by their long continued silence : is now endangered and almost surprised by couzning and c domesticke foes , who in fighting for her , doe but warre against her : her foraigne peace , hath bred her warres and iarres at home ; and raisd d a troian horse within her bowels , which is like to set her all on fire at vnawares , vnlesse some showers of soueraigne iustice quench her flames . now blessed be the god of heauen , who hath infused this christian prouidence , and zealous care into your pious hearts , to single out these wilie and friend-seeming enemies of our church , before you haue seized on those rauenous and oppressing e wolues , which prey vpon our state. what authority and right a parliament hath , to deale in ecclesiasticall affaires ; to patronize religion ; to vindicate & plead its cause : and to arraigne , conuent , and censure such , who violate the setled and receiued doctrines of our church ; let christ iesus testifie : who informes his apostles and saints : f that they should be brought , not onely before councels and synogouges : but likewise , before kings and rulers ; that is before secular magistrats : not for temporall and state affaires onely : but for his name sake , and for bearing witnesse to his truth and gospell : whereby hee admits , that temporall magistrates , may intermeddle with religion , if occasion serue : whence it was , that not onely g iohn the euangelist , and other h christians in the primatiue church , were conuented before temporall magistrates for matters of religion : but likewise st. paul himselfe was by the very iewes themselues accused i before faelix , festus , and agrippa , for his very preaching and doctrine ; before whom he pleads his cause ; and at last k appeales to caesars iudgement seate , euen in these particulars of religion : which he would not haue done , had not princes and secular magistrates a iurisdiction and prerogatiue , as well in church , as state affaires . not to trouble you with the l petition of mr. iohn witcliffe to the parliament , in the time of richard the 2. for the reformation of the clergie ; for the weeding out of many false , and the establishment of sundry orthodox point● of doctrine in our church : his seuerall posi●ions . m that the parliament or temporall lords , might lawfully examine and discusse the state , the disorders and corruptions of the church : that they might lawfully and deseruedly , ( yea that they were bound in conscience , ) vpon the discouery of the errors and corruptions of the church , depriue her of all her tithes and temporall endowments , till she were reformed . and that any ecclesiasticall person , yea the pope of rome himselfe might be lawfully accused , censured and corrected by lay men : do sufficiently confirme your parliamentary praerogatiue in matters of religion : not to recite the opinions and resolutions of two reuerend and learned praelates of our church n iewell and o bilson : who both acknowledge ; that eccl●siasticall or church affaires , and matters of religion , both may , and haue been alwayes debated , determined and setled in parliament , as well in former , as in latter ages : our common prayer-booke , our articles , and our homilies , ( in which the body of our religion doth subsist ) which are all established and setled in our church by p act of parliament : together with articuli super clerum . 1. e. 2.36 . e. 3. c. 8.1 . r. 2. c. 13.15.2 . h. 4. c. 25.4 . h. 4. c. 17.2 . h. 5. c. 7.26 . h. 8. c. 1.2.27 . h. 8. c. 15.28 . h. 8. c. 10.31 . h. 8. c. 9.14.32 . h. 8. c. 15.26.33 . h. 8. c. 31.32.34 . & 35. h. 8. c. 1.35 . h. 8. c. 5.1 . ed. 6. c. 1.2 . 2. & 3. ed. 6. c. 1.19.20.21.23.3 . & 4. ed. 6. c. 10.11.12.5 . & 6. ed. 6. c. 1.3.12.1 . & 2. phil. and mary c. 8.1 . eliz. c. 1.2.5 . eliz. c. ● . 28.27 . eliz. c. 2.39 . eliz. c. 8.1 . iac. c. 4.11.12.3 . iac. c. 1.4.5.7 . iac. c. 8. and sundry other statutes , both in the times of popery , ( when as clergy men had the greatst iurisdiction and command : ) and since ; for the establishing and setling of religion ; the ordering of ecclesiasticall persons and affaires ; and the suppression of haeresies and haeretiques : doe abundantly testifie : that the parliament hath an ancient , genuine , iust and lawfull praerogatiue , to establish true religion in our church : to abolish and suppr●sse all false , all new and counterfeit doctrines whatsoeuer ; and to question and censure all such persons , who shall by word or writing oppugne the setled and receiued articles and doctrines of our church : what euer some ignorant or supercilious clergie men ( who can be content to merge and drowne themselues in secular offices , and imployments , in lay and state affaires , against the resolution of q sundry & famous councels , which prohibit it . ) do mutter and obiect against it . what right or calling laickes haue to write of matters of religion , i haue fully discussed in a r former treatise : only let me adde to this ; ( to anticipate the enuious and malignant cauils of some peeuish diuines , who would monopolize diuinity to themselues alone : ) that laicks euen in the primitiue church , haue not only conuerted whole nations vnto god : witnesse the s indians conuerted by erumentius ; and the t iberians , and v bulgarians reduced and brought home to god from paganisme , by two christian woman ; ( a thing well worthy obseruation : ) but likewise written of points and matters of diuinity with publike approbation . not to record those 16. ancient lay writers in the primatiue church recorded by me in another place . st. augustine himselfe informes vs in expresse termes : x that hee pennd and published sundry bookes and treatises of diuinitie which are yet extant , whiles he was a lay-man , not entred into orders . to passe by y vincentius victor a young laicke , who wrought three seuerall treatises of diuinity , which s. augustine answered , together with whole catalogues of moderne lay-authors which i might enumerate : i shall ground and rest my selfe with that one famous example of origen : who did not onely z compile many commentaries on the scriptures , and sundry other treatises of diuinity being yet a lay-man , for which hee was honoured and respected farre and neere of all the learned and godly bishops of his age , who were glad to learne diuinity from him : but a did likewise dispute , and expound the scriptures in open church vnto the people , being yet not called to the ministrie , at the earnest suite and intreaty of the palestine bishops : for which fact of his when he was blamed and censured by one demetrius ; ( a pragmaticall clergie man as it seemes : ) as being an vnheard of practise and praesident ; that lay-men should teach in the church in the presence of bishops : alexander then bishop of ierusalem , and theoctystus bishop of caesarea wrought thus vnto demetrius in defence of this fact of origen : that he had reported a manifest vntruth : when as there might be found such lay-men as had taught the people in open assemblies , when as there were present learned men that could profit the people , and more ouer holy bishops at that time also exhorting them to preach : for example sake ; at laranda euelpis was thus requested by neon ; at iconium , paulinu● was thus requested by celsus ; at synada , theodorus was thus requested by atticus , who were no clergie men , but godly brethren : it is like also ( say they ) that this was practised in other places : so that by all these pregnant proofes and testimonies , it is cleerely euident , that not onely your honors being but lay-men may proceed iudicially : but i my selfe being b but a laicke may goe on ministerially ; to suruay and censure these cozening and popish deuotions , as farre forth as they vary from the scriptures , and the established doctrines of our church . go on therefore , you christian heroes , and valiant worthies of the lord , to vindicate the cau●e , and doctrines of our church , against those cozening , treacherous and rebellious sons ( if sons ) of hers , who haue betrayed her with a kisse and c wounded her with one hand , whiles they seemingly imbrace her with the other : and the god of heauen shall be with you . and h●ue you not cause enough , ( yea is it not now high time ) to execute your power , and display your zeal● , in the cause and quarell of our church ? doe not her goared sides , her bleeding scarrs , and festered sores , now need ▪ may craue your helpe and cure ; since d there is no balme in gilead , at least no good phisitian there , to suppell and bind vp her wounds ? since shee hath few p●iests or praelate● , for to pitty her , fewer to succour her in her present dangers ? alas , wh●re are the learned , reuerend , humble , stout , and zealous praelates ? where are the ecclesiasticall or high-commission courts ? where is the conuocation or assembly of the prophets , that either do , or dare apply● a salue or plaister , to her homebred maladies ; or auenge her of those treacherous , corrupt and cozening watchmen , e who haue smitten her to the heart , and almost betrayed her to her roman enemies ? what bishops consistory , what conuocation-house , or high-commission court , haue lately questioned , censured , suspended or degraded , a mountague , a cozens , a iackson , or a manwering ? a papist or arminian ? a nonresident , or carelesse pastor , who neuer feeds his flocke ? a iouiall or good fellow minister , whose tobacco-pipe is his psalter , and his canne , his text ? or a rayling and inueying shemie , whose sermo●s are but bitter , prophane , and poysonous sa●yrs against the practicall power , and forwardest professors of religion ; whom he reuiles and scoffes at vnder the name of purit●ns , or holy brethren ; f a phrase which the holy ghost doth of● times vse ? what popish or arminian bookes ; what i●suiticall treatises , or romish prayer-bookes , portua●ses , and mannuals , ( which haue beene lately scattered ) and printed here among vs in g great abundance ; ) haue been of late anticipated , prohibited , or suppressed by them ; though it be their proper office to forestall , and crush them in the shell ? nay shall i speake the h truth vnto your honors , ( which i beseech you to lay neer your hearts or else farewell religion : ) what popish and arminian bookes haue not beene vented , yea , countenanced● authorized , and borne out of late against all op●positions whatsoeuer , by some who say they are , ( and i would to god they were , ) the fathers of our church , and pillars of our faith ? haue not m. mountagues two popish and arminian bookes , ( though questioned th●ice in parliament , ) beene licenced and approued at the fi●st by some , ( i say not by such who had then authority , though since they haue had thei● interregnum : ) and since not onely not quaestioned nor inhibited sale : but euen patronized , iustified , and protected by force and sinister practises , against all aduerse powers ? was not the way and pass●ge to the p●esse blockt vp at first against all such whose zeale to piety , to the publicke weale and safety of our church , had caused them to t●k● vp pen and paper armes against his popish , and arminian doctrin●s ? and h●ue not all their orthodox ●nd pious workes which past the presse by steal●h or othe●wise , b●ene questioned and prohibited , since the vnhappy breach of the l●st parli●mentary asse●bly , though they were tainted or accused of no heresie , scisme , false doctrine or sedition ? was not reuerend bishop carltons booke , though backed with the ioynt attestation of that learned praelate , dr. dauenat bishop of sarum , dr. ward , dr. goad , & dr. bel-canquell , our selected dort diuines : tog●ther with dr. succliffes booke , mr. rouse his booke , mr. burtons booke , mr. yates his booke , mr. wottons booke , dr. goads paralell , doctor featlies paralell ▪ ( ●o omit my owne poore treatise of perseuerance , which though it were licensed and reprinted , is yet suppressed and called in , vpon no doctrinall nor iust exc●ptions : ) inhibited , cald in and seized on , vnder the bare pretence of not being lic●nsed , but in truth because they did oppose mr. mountagues popery and arminianisme , ( which the parliament it selfe tooke notice of , ) & displaid both it and all his treachery and falsehood to the wo●ld ? and were not all the printers and stationers , which were the instruments to publish th●m vnto the world , conuented ex officio , before the high commissioners , ( where th●y w●re glad to buy theire peace at last ) for their good seruice to our church and state , in printing and divulging all t●ese books , to the affronting and suppressing of his spreading errors ? since these old stirs and garbo●l●s , haue not these priuate deuotions and houres of prayer , whose censure and suruay , i here doe humbly tender to yo●r honours : beene licensed in a sp●ciall manner for the press● , ●uen with an affixed and printed approbation ; ( like that of dr. whites , to mr. mountagues appeale : ) and since its publication , so guarded and supported by autho●ity , though fraught with 20 ▪ seuerall points of popery , and patched vp of popish ragges and reliques : that neither the complaints and cryes of m●n against them , nor the voy●e and presence of a parliament , could yet moue any of our swaying , great , and zealous praelates to suppresse them , or passe a doome of condemnation on them : who now inste●d of answering , and inhibiting them , doe not onely d●ny to licence , but likewise diligently suppresse and intercept all answers and r●plies vnto them , as the intercepting mr burtons answer at the presse , and the detaining of the copie of this my present censure in the licensers hands , who will neither licence nor deliuer it , do abundan●ly testifie . and is it not then high time for your honours to engage , besti●re , and shew your zeale in the cause , the quarrel and patronage of our church and faith , when popery and arminianisme are growne now so potent , so head-strong , so impudent , sawcy , and audacious , as to ouer-top , controll , affront and beard the very truth and doctrines of our church ; to * stop their pleas , and b●rre their passage to the presse in a peremptory and presumptuous manner , euen whiles the parliament doores of iustice stand wide open to heare their pressures , and auenge th●ir wrongs ; bidding particular and personall defiance to these two spreading and combinings errors which threaten ruine and surpris●ll to them ? when those consistories and high-commission courts , which should be sanctuaries , shields , and chiefe protectors to them , against domesticke vipers , which gnaw out their bowels ; and those from whom they might expect and iustly challenge , the greatest fauour , aide , and best support ; are now so farre from shielding and assisting them against their mountebanke , cozenin● , and domesticke opposites : that they doe euen bend themselues against them , in intercepting all supplies which priuate louers would impart vnto them ; in silencing , questioning , and clubbing downe such by force , who take vp armes in their defence ag●inst their personall , homebred , and professed foes ? al●s , whith●r should our poore distressed church , or our religion flee ? where should they seeke for succour and reliefe in this their forlorne and distressed condition ; when as they are so forsaken of their owne indeared and ingaged friends , that few of them h●ue eares to heare , or hearts to pitty their pressures and most iust complaints ; and fewer courage , hands , or strength enough , to ease or quit them of these pressing , opressing , and suppressing vulters , which rent and teare their liu●rs and their in most parts ? to you , to you alone ( right christian senators , and valiant worthies of the lord ) they now addresse their tongue-tide grieuances , and silenced complaints : to you they flye for present succour and redresse against their aduerse and preuailing powers ; and now implore your aide , your iustice , doome , and finall sentence , ( euen with silent sobs and mournfull teares , because their mouthes are closed and shut vp , ) against those opē & professed enemies whose wo●ks and writings haue betraid their cause : and those tyrannicall vsurping powers , who haue en●oyn'd them silence at the presse , and interc●pted or reiected all those counterplees , answers , and rebutters which haue beene tendred , or drawne vp by any to vindicate their right and cause , against homebred and perfidious opposites : and can ●ou then denie their importunate , fl●xanimous and most iust ●equests , which you haue so readily and cheerefully embr●c●d at the first , w●●hout petition ? blessed be god , your zeale and cour●ge for religion are so eminent and intense already , that they neede no spu●s o● mine to quicken or ●xcite them , to so necessary and pious a worke : therefore leauing all needlesse exhortations and encouragements to set on these requests , i shall bri●fely glance vpon the best and speediest meanes of dis●n●rating our church of all her pr●sent grieuances ; of rescuing her restrained doctrines from their egyptian thraldome ; of reinuensting them in their former priuiledges , and quitting them from all future dammages , incrochments , and inuasions what●oeu●r ; which mean●s i here humbly prostrate and submit to your mature , graue and pious wisedomes , which haue no such pole-star to direct them as themselues . the meanes which i shall meekely off●r and propose to your refined iudgements for this purpose , are : first , to suppresse those popish deuotions , and arminian treatises , which haue beene published of late among vs by appprobation and authority : and to expiate ; defecate , and pu●ge out their romish and arminian drosse and filth , at least by fire ; that so they stand not as records against vs , to the shame , the weakning , or betraying of our cause , and church . secondly , to p lop off those putred , gangrend , festred and contagious members , who are like q to putrifie , leauen and infect the whole intire body of our church : and haue already sowne by their pernicious writings the tares of popery , and cockels of arminianisme which sprout vp ap●ce , amidst the wheate and pure doctrines of our church : that so their r exemplary and open punishment● may deterre all others , from ●he like ●udacious , scandalous , treacherous and pernicious attempts . thirdly , to inquire out , the roots and great-bulkt trees which nourish and support those limbs and vnder-branches , which haue thrust forth these buds of popery , and blossomes of arminianisme , which your flamish zeale and feruency to relig●on , are like to scorch and blast before they come vnto maturity : to discry those superiour spheeres , and vppermost wheeles which moue those lower and inferior orbs , which now run out of course ; to search those dens and burrowes out , which harbour and protect those little popish and arminian foxes , which now spoyle our vines , and offer violence to their tender grapes : and to discouer those higher springs , and poysonous fountaines , which send out those muddy , bitter and vnwholsome streames , which doe not water , but poyson and defile our church . certainly , these budding branches whose popish and arminian fruits you now examine , receiue their sap , their nourish●ment , and support , from some greater trunkes and deeper roots , which must be felled and stockt vp , before these bitter fruits will fade or fall . these petty orbs and vnderwheeles , which haue made such irregular motions , and commotions in our church ; deriue their motions , from some higher and superiour spheeres ; which must be rectified , and reduced to their true and proper motions , before the l●sser planets , and clocke-wheeles of our church will moue aright . these little foxes , haue some strong and mighty burrowes , wherein to shelter and repose themselues , which must be stopped and demolished , before the grapes , the vines and vinyard of ou● church be freed from their inuasions : these poysonous , muddy , and polluted riu●lets , descend and flow from greater streames , and higher fountaines : which must be knowne , dammed , and dried vp , at least diuerted ; or else the waters of our church will still be venomous , slimie and vnwholesome . and till all this be well accomplished , you shall but onely skinne , ( and u so increase ) not heale and cure the festr●d sores and wounds of this our church ; which will soone breake out againe with greater torment , and lesse hopes of cure . fourthly , to examine and finde out the cause ( if it be not like the head of x nilus , vnsearchable and past finding out , though y some of late , record the con●rary : ) why popish and arminian bookes haue now of late beene published , printed , and countenanced by authority , and not suppressed as they ought to be ? why there is now such diligent and daily search at printing-houses , to anticipate and stoppe all answers to mr cozens his , or mr mountagues bookes ? from what originall grounds , and whence it comes to passe , that the seuerall answers and replies to mr mountagues gagge , and virulent appeale , were denied licence at the first , and since surprized and call'd in , though there was neither matter of haeresie , schisme , false doctrine , or sedition in them , but onely a bare defence , and positiue iustification of the established doctrines of our church , oppugned and traduced in those arminian and popish bookes of his , which were neuer yet so much as once inhibited or questioned but in parliament ? and who were the principall agents and factors in this worthy seruice , of suppressing all these answers ? the ●●ucleating and discussing of these intricate and perplexed quaerees , ( a taske which well befits a parliament ) may happily reueale a world of treachery , and vnfold a deepe , obstruce , and hidden mysterie of iniquitie ; yea , it may chance to shake and ouerturne the very pillars , and foundation stones of the roman and arminian faction , if it be but prosecuted , sifted , and ventilated to the full . fiftly , to prouide ; that all such vnauthorized answers and replies , consonant to the established doctrine and discipline of the church of england , which haue beene giuen to mr mountagues , or any other such popish or arminian bookes , and since suppressed ; may be henceforth lawfully printed and dispersed without controll , to counterplead and beat down popery and arminianisme ; and to giue publike testimonie and satisfaction to the world , that how euer some haue lately broached , yet that our church disclaimes and disapproues their popish and arminian doctrines . and withall , to secure the authors , printers , and dispersers of all such answers and replies , from all high-commission suits , and other troubles and vexations whatsoeuer : else none will euer dare to write or print hereafter , in the defence and quarrell of our church and truth , in hard and euill times ( from which god ke●pe vs ) when popery and errour shall haue all , and truth no sway , nor licence for the presse ; for * what encouragement can men haue to write , or to shew themselues actiue for the churches good , when they shall haue no other reward nor gratification for their paines and industry , but high-commission suits and troubles : but heauy fines and mulcts , or long and tedious imprisonments and restraints ( which is all the encouragement , reward and thankes that some haue found : ) and if no writers to vindicate religion , the truth and churches cause , when as they are opposed , by authoriz'd writings ; then truth , religion , church , ( yea state and kingdome which fall or stand together with them ) will soone be ouer●grown with haeresies , errours , schismes , factions , and false doctrines , and so brought quite to ruine . sixthly , to take some speedy course , to inhibit the publishing and diuulging of all popish and arminian doctrines , either by word or writing , vnder seuere mulckts and penalties : and to establish some good and setled course , for the inhibiting & suppressing of all scurrilous and prophane play-books , ballads , poems , and tale-bookes whatsoeuer : and the free and speedy licensing of all such orthodox , learned , and religious tractates , as shall be thought necessary , meet and worthy for the presse : that so schollers may be incouraged to write and study vpon all occasions for the defence , the propagation and aduancement of religion ; and not discouraged as they haue beene of late , because all their industry and labour is but lost , and buried in silence and obliuion , for want of licence and authority to diuulge them in due season , for the publike good . seauenthly and lastly , to take speciall care and order , that the two famous vniuersities of our kingdome ( the very nurseries and seed-plots of our church ) may be defaecated and purged , from all poysonous , popish , and arminian doctrines : and that all such heads and fellowes of colledges , together with all our other diuines , who are either notoriously knowne , or iustly suspected , to be the chiefe abbettors , heads , or patriots of the arminian , or popish cause or faction , may be speedily conuented before a selected committee , assisted by some orthodox , choyce and prime diuines and prelates : to be there interrogated and examined , in all the now controuerted points of popery and arminianisme : and vpon their iust conuiction or attainder of all or any of the foresaid points , to be enioyned a particular and open recantation of them in writing ( to which they shall subscribe their names ) so farre forth as they are dissonant either from the homelies , articles , and established doctrines of the church of england , or ireland ; or from the fiue conclusions and resolutions of the synod of dort : or else vpon refusall of such recantation and subscription , y to be immediately depriued of all their ecclesiasticall and spirituall promotions whatsoeuer . these are the wayes & courses in my raw conceit ( which i humbly submit to your maturer iudgements : ) to quit and free our church and our religion from all their present : and to bulwarke , and secure them against all future homebred opposites , and pressures whatsoeuer . now hee who hath put that zeale , that care and courage into your pious hearts , as to ingage your selues in the defence and patronage of our church and faith , which are now beser , and violently assaulted , by troops of forraine and domestique enemies , who would spoyle and cheat vs of them to our faces : inspire you with such heauenly wisedome from aboue , as may pitch you on the speediest , best , and safest proiects , for the extirpation and suppression of all their open or concealed foes ; the vindicating of their former purity & freedome : the establishment of their future peace : & the perennious preseruation and propagation of that pure orthodox & sincere religion which we yet enioy . which religion , as it is the breath and fragrant odor of our nostrils ; the delight and pleasure of our eyes ; the swetest harmony and musicke to our eares ; the most luscious hony and manna to our pallats ; the most rauishing ioy and satisfactory contentment to our hearts : ( the onely food , the essence , life and being of our soules ; the grand procurer of all our outward comfort and prosperity ; the onely author of our peace and welfare ; the most transcendent glory and honour of our nation ; the brazen wall , the strongest fence and bulwarke of our kingdome ; the chiefest dread and terror to our enemies ; the sole encouragement and comfort of our confederates ; the fundamentall prop and pillar of our state ; the onely pawne and euidence of our future hopes and happinesse ; and the onely polestar , way and passage to conduct and lead vs vnto christ , to god , to heauen and eternall blisse : ( all motiues for to prise and hold it fast , in these degenerating , declining and reuolting times : ) so if we once but slacke our hold , or let it goe , ( it being the very rocke on which our church , our kingdome , and we all do rest and anchor : ) both church and state , our selues , our soules , and all we now poss●sse are wrackt , and lost for euer . wherefore right christian worthies , what euer becomes of other outward priuileges and a hereditary liberties , ( the losse of which you cannot brooke with any patience ; where as the condescending vnto them alone , would win your hearts and purses too : ) be sure to hold fast and guard this maine foundation whereon our church , our kingdome , and we & ours stand , against all cozening vnder miners and fauxes whatsoeuer , who labour for to blow it vp : if this bee safe , our church , our king , our kingdome , our liues , our goods , and liberties are all secure ; we need not feare , what spaine , what france , b what man can doe vnto vs : for then c god is ours , christ is ours , the holy ghost is ours : angels , and men and all the hostes and creatures of heauen and earth , yea earth and heauen it selfe , and all is ours : all these will take our parts , & plead our cause against our enemies ; d and if these be for vs , who , what can be against vs ? ? but if this be once endangered or rased but a little , o then we sinke , we droope , wee perish : our god , our crowne , our peace , our glory , our wealth , our liberties , and all those sundry magazines , and heapes of blessings which we now inioy , will forthwith take their winges , and flie away , and leaue vs destitute , helplesse , hopelesse & forelorne , in those ouerwhelming floods and bitter stormes of misery , bondage , sorrow , want , and woe , which shall euen breake our hearts , and crush our bones , and sinke our soules in endlesse horror and despaire . o therefore looke betimes to this foundation , which now begins to shake , to totter , and moulder by degrees ; settle but this a right , and roote out all those domestique romane and arminian pioners , who dig so deepe and fast , to vndermine it ; and then both church and state will soone be settled in their former peace and happinesse : o consider , that the present totterings , declinings , and ruines of our state , arise but from the wauerings , wastings , and backslidings of our church : our state and kingdome now decline so fast , and hasten to the period of their former glory ; because our church , our faith , our loue , our religion , lose their ground : our realme is full of factions , and diuisions , because our church is so : popery , arminianisme , false doctrines , sin , and all prophannesse haue ouer-spred our church , yea wasted & corrupted our religion : no wonder then if pressures , greuances , losses , crosses , penury , misery , beggery , shame , and a world of other euils do now annoy our state : our state enemies , are no other but our church enemies : o therefore curbe , purge out , & quite suppresse , the achans , errors , and great annoyances , which trouble , oppresse and vndermine our church , and our religion ; and then our state and kingdome will be settled , and freed from those many pressures , miseries , and afflictions which they now sustaine ; and not before . in vaine is it to mend the tiles and vpper roomes , till the foundation be repaired : in vaine doe any labour to repaire the decke , whiles the keele is full of leakes ; whiles the head and heart is sicke , the other members cannot prosper . neuer looke that our decaying state should thriue or flowrish , till our church be healed and recouered : goe on and hasten therefore with this maine and weighty cure , and haue a speciall eye to this great cozening and infectious plague-sore , whose briefe suruay and censure , i here in all humility present and tender to your honours : and the great physitian both of soule and body , so blesse and ayde you in all your good endeauours ; that all the festring wounds and sores of our gangrend and consuming church and state , may now receiue a sound , a perfect , and a present cure , & be reduced to their perfect soundn●sse : that so our wildernesse may be like eden , d and our desart as the garden of the lord : that our wast places may be comforted , and all our sad and drooping hearts may bee filled with ioy and gladnesse , with thanksgiuing and the voyce of melodie : that you , and i , e and all the people of the land , in the period and perclose of this your great assembly ; may be sent away vnto our tents and habitations , glad and merry in heart , for all the goodnes that the lord hath shewed vnto dauid and salomon ; to our king , our church , our state , & to israel , we his people , by this your happy , and much desired meeting : and let all that loue our dauid , our salomon , or our israel say : amen . your honours in all humility , seruice , and respect , william prynne . a briefe svrvay , and censvre , of maister covzens his couzening devotions . it hath alwayes beene the beaten rode , and method , of all heretiques , and seducing spirits , in all the ages of the church : to a dulcerate their venomus , harsh , and bitter potions , with lushious , and sweete ingreedients : b nemo venenum temperat felle & hell●boro , sed conditis pulmentis , & bene saporatis ; saith tertullian : heretiques , and false teachers are alwayes cunning apothecaries : they neuer temper their poysons with gall , or colloquint : but with the best , and pleasantest conserues : their venome lurkes in honie potions , that so men may swallow it downe with greater greedinesse , and lesse suspition . c viperium obducto potamus melle venenum . heresies , and false doctrines , ( yea , d all euill things whatsoeuer , ) as they are of an odious , so likewise are they of a timorous , and bashfull disposition : they dare e not walke vnmasked , ( especially , in the brightest orbe and hemisphere of the gospel-sunne : ) for feare of present discovery : whence , they alway claspe , and twine themselues at first , with knowne and approued trueths : ( which serue as sauce , or baites to draw them downe : ) f and cloathe themselues in the amiable dresse , and rich attire , or at least wise christen themselues , by the name and title , of the orthodoxe , and receiued doctrine of the church , vnder whose banners they pretend they fight : that so they may the more insensibly insinuate , and more strongly g and dangerously incorporate themselues , into the hearts , and intralls , of vncautelous , and ouer-credulous christians , who are insnared by them , at vnawares . as the long and beaten experience of former ages , so the assiduous practise of some couzening , and seducing authors , in these our present , and declining times , doe abundantly euidence , and confirme this truth : who because they dare not yet proceed so farre , as to shew themselues open and professed factors for the church of rome , for feare their plots , and aimes should be detected : doe therefore vent the adulterous drugges , and poysonous doctrines of the h whore of rome , vnder the vaile , and colour of devotion : and that in such a i clandestine , subdolus and inchanting manner , that they haue euen charmed authoritie it selfe ; and lulled argos quite asleepe : whose vigilant eyes , should alwayes so farre wake , as to distinguish poperie from true deuotion : and not to ouer-looke the one , whiles they admire , and approue the other . but though argos , and the maister-watchmen sleepe , and close their eyes , and eares , at once : yet , it is fit that some should wake , and watch against deuout , k and sheepe-skind wolues : ( who thinke to prey cum priuilegio on the flocke , because the shepheard hath authorized them , ) for feare lest flocke and shepheard perish : and this hath caused me , l like that roman goose , in the sleepe , and slumber of the dogges , and watchmen : to clap my wings , and stretch my voyce , at the couert , and m tacite approach , of those treacherous , mountebanke , couzening , and domestique gaules , who now are scaling of our sacred capitoll ; that so some manlius , or other might awake , to rout and chase them from our walls , and banish them for euer from our confines . the booke which i haue here pitched vpon , is intituled : a collection of private devotions , or the hovvers of prayer : the author , and composer of it , is rumoured to bee one maister covzens , chaplaine to the bishop of winchester , that now is : n ex vngue leonem : you may discouer the authors qualities and conditions , by this his paw , and handy-worke , which smells , nay , stinkes of poperie . not to enter vpon any large , and punctuall discouery of the absurdities , and errors of these pernitious deuotions , nor yet to trace the author in his course , from page , to page : i shall resolue the summe of my exceptions to this worke of his , into these ensuing conclusions . first , that this booke of priuate deuotions , is meerely popish , both in the forme , and matter of it . secondly , that the authors end in publishing of it , was nothing else , but to introduce , and vsher poperie into our church : at least to grace and countenance it . thirdly , that the author endeauors to make queene elizabeth of euer blessed memorie , the patronesse of this his poperie ; and to harber it vnder her protection . fourthly , that the prayer booke of queene elizabeth , printed by william seeres , a 1560. and a 1573. ( which the author onely mentions , to giue a glosse , and colour to his poperie , and to delude the simple ; and lesse wary by it : ) doeth neither warrant the forme , nor matter of these new deuotions : which in trueth were most of them stolen out of popish primers , prayer bookes , and chatechismes ; and not transcribed out of the prayer booke of queene eilzabeth . fiftly , that there are diuers falsities , popish absurdities , and abuses of scripture in it . sixtly , that there are some prophane , and dangerous passages inuolued in it . seuenthly , that it is fraught with contradictions . eightly , that it is scandalous , and preiudiciall to our owne , and aduantagious onely to the church of rome . for the first of these ; that this booke of deuotions is meerely popish ; it is most cleerely euident : first , from its frontispice : secondly , from its title : thirdly , from its frame and method : fourthly , from its stile and phrases : fiftly , from its subiect and matter . first , it is meerely popish , in regard of the o frontispiece . for , if you view the fore-front of these deuotions , you shall finde these three capitall letters ; ( i h s. ) incircled in a sunne , supported by two angels , with two deuout nunnes , or women praying to it , one of them holding a crosse in her hand . now , what is this but an vndoubted badge , and character of a popish , and iesuiticall booke ; of an idolatrous , and romish deuotion ? looke into the frontispiece of all iesuits workes , you shall finde this stampe , and impresse on them ; ( i h s. ) in the selfe-same forme as here : looke into your popish horaries , primers , offices , prayers , and deuotions : loe there a crosse , a ( i h s. ) and men praying to them , or before them : but neuer saw i such a fore-front in any orthodoxe english , or out-landish writers . p index animi vultus ; the very effigies , draught , and portraiture therefore of the frontispiece , proclaimes the booke it selfe , and him that pen'd it , to bee meerely popish : it hath the very q marke , and seale of the beast vpon its fore-head ; therefore , it must needes be his . but if pictures , which papists stile ; r their lay-mens bookes , want tongues to publish our authors hieroglyphicall , and implicit poperie to the world : then let the very title of the booke , and fore-front testifie , what the dumbe , and speechlesse picture cannot vtter . not to picke any quarrell with the word devotions , with which some men might chance to iarre : the variation of it : ( or the hovvers of prayer : ) in this church and age of ours , is a sufficient euidence , that the booke , and author both are popish . for where shall you euer finde these hovvers of prayer mentioned , or prescribed , ( at least in the abstract , as here , ) but onely in popish authors ? i confesse indeed , that there is mention made both in the s scriptures and the fathers , of the third ; the sixt ; and the ninth hower : ( that is , of morning , euening , and of noone-day ; ) and of solemne prayers , both publike and priuate at these howers . t but neuer could i finde as yet , where these hovvers of prayer , were prescribed , or distributed after the roman computation : where the antiquitie , or vse of them were iustified and defended : where the deuotions of any were confined to these howers : or where mens priuate deuotions at these limited seasons , were euer stiled , the hovvers of prayer , in the abstract : but onely in popish councells , offices , primers , and authors , from whom our author tooke his title . i confesse , indeed : that the first edition of the booke of latine prayers , published by queene elizabeth in the yeere 1560. quoted by our author , in the second title page ; was stiled : orarivm : sev , libellvs praecationvm : ( not horarium : nor libellus praecationum , seu , orarium : ) in which there is onely a briefe recitall of the first ; the third ; and the ninth hower of prayer , farre different from our authors , as i shall shew anon : but this very booke , in the second , and third impressions of it : in the yeere 1564. and 1573. had no other title , but praeces privatae in stvdiosorvm gratian collectae : & in these editions which were the last & best , there is not so much as any touch or menti●n , of these canonicall howers of prayer , or first , sixt ▪ or ninth howers : neuer could i heare as yet of any deuotions , or prayer bookes , intituled the hovvers of prayer : but onely one in spanish , printed at paris , by william merlin , 1556. stiled , horas de nvestra seniora ▪ the howers of our lady : fraught with the very dregs of popery , and idolatrie : the very phrase , and emphasis therefore of this title , ( which is neuer mentioned by way of approbation , in any protestant writers ; nor yet in the articles , common prayer booke , the bookes of homilies , or canons of our church : nor yet in any orthodoxe english writer , ) doeth stampe a kinde of brand , and impresse of poperie , and superstition , on the booke it selfe , and euidence it to be meerely popish . thirdly , the whole fabricke , frame , and method of these deuotions , doe prooue them to be popish : for they are directly moulded , formed , and contriued according to our ladies primer , or office : printed in lattaine at antwerpe , 1593. and in lattaine , and english for the vtilitie of such of the english nation , as vnderstand not the english tongue : 1604. according to the breuiary of pius the fift , and clemens the eight : printed at antwerpe , 1621. and the howers of our lady , printed at paris , 1556. for first , you haue here a frontispice : with ( i h s. ) in a sunne held vp by two angels : and two deuoute females , one of them holding a crosse in here hand , supplicating vnto it : then you haue for the title : a collection of priuate deuotions : or the howers of prayer : together with a preface . iustifying canonicall howers ; condemning all conceiued prayers ; and confining men to the vnerring deuotions of the church ; and to the ceremonies , formes , and sacraments of the ancient church : ( which can bee no other but the church of rome , as i shall prooue anon : ) then you haue a calender with a preface to it : containing the festiuall , and fasting dayes of the church ; and the memories forsooth , of none but holy martyres and saints : ( though many of them were neuer found in rerum natura , and others of them were neuer sainted but at rome : ) next you haue a table of moueable feasts , and rules for them : then you haue the fasting dayes of the church ; or dayes of speciall abstinence and deuotion : whereof our ember weekes , and rogation dayes ; ash-wedensday : the fridayes after whitsontide , and holy crosse : the saturday after saint lucies day : and all the fridayes and saturdayes of the yeere , must bee the chiefe ; though our church enioynes them not : next you haue the times wherein marriages are not to be solemnized : which times , the calenders , articles , and canons of our church , doe neither mention , nor prescribe . then succeedes the apostles creed in twelue articles : the lords prayer in seuen petitions : the tenne commandements with the dueties enioyned , and the sinnes prohibited by them : together with * the precepts of charitie ; the precepts of the church ; the sacraments of the church : ( and these forsooth , must bee seuen : ) the three theologicall virtues : the three kindes of good workes . the seuen gifts of the holy ghost : the twelue fruites of the holy ghost : the spirituall , and corporall workes of mercy : the eight beatitudes : seuen deadly sinnes , and their contrary vertues : then quatuor nouissima : all popish trash and trumpery , stolen out of popish primers , and chatechismes , as i shall prooue anon : and neuer mentioned in any protestant writers . then comes in his collections for priuate deuotions , with his plees both from scriptures , fathers , and popish authors : for the practise , and obseruation of canonicall howers , both in generall , and speciall ; all taken out of * bellarmine , * azorius , and the * rhemish testament : and first , you haue his preparatiue prayers , before mattins : and among them , one at our entrance into the church , and another when we come into the quire : then you haue a preparatiue hymne . then comes in a iustification of the antiquitie of mattins , and that at the first hovver : then followes his mattins for the first ; the third ; the sixt ; and ninth hower , beginning with the lords prayer ; seconded with an hymne ; continued with psalmes , and gloria patri , &c. with a piece or fragment of a chapter , or lesson ; and consummated , with some prayers , and a thankesgiuing : then succeed his vespers , then his compline : all of them exactly framed , after the popish offices , primers , and horaries , and not according to our common prayer booke , or any protestants method . now follow some other prayers , with the seuen penitentiall psalmes : next the collects of our church ; with seuerall aduertisments , and prefaces them : then prayers and meditations both before and after the sacrament : and among them , one when wee are prostrate before the alter : a prayer worth the obseruing : another , desiring the mediation of angels : then follow seuerall formes of confessions to bee vsed , according to the directions of the church , especially , before the receiuing of the sacrament : then a deuout manner of preparing our selues , to receive absolvtion : with a thankesgiuing after absolvtion : then followes some speciall prayers for ember-weekes , not mentioned in our common prayer booke : then prayers for the sicke ; prayers at the hower of death ; yea , and a prayer for the dead : then other prayers and thankesgiuings : and as he beginnes with the signe of the crosse , so hee concludes with the virtve of christs blessed crosse : yea , and with the intercession of all saints ( as i haue heard : ) before the leafe was altered and torne out , vpon some exceptions taken to it . so that if you suruay the whole frame and modell , of these deuotions and howers of prayers ; either in the whole intire structure : or in the forme , and order of its seuerall parts : you shall finde ; that it tooke its patterne , and sample , from our ladies primer , and the forequoted deuotions , which runne in the selfe same method , forme , yea , matter too ▪ not from the priuate prayers of queene elizabeth , nor yet from our booke of common prayers , as i shall prooue more fully anon . fourthly , the very stile , and phrases of it , doe euidence , and conuince it to be meerely popish : take these for all the rest that might bee mentioned : the howers of prayer : which is eighteene seuerall times mentioned , and some twelue of them by way of preface ; or title : the ancient church : in the second title page : the ancient lawes and godly canons of the church : in the first preface : the festiualls , and fasting dayes of the church : the title before the calender : the fasting dayes of the church . the precepts of the church : the sacraments of the church : ( which being all compared together , with their subiect matter , will plainely testifie , that he meanes the church of rome , and no other ; since the ancient lawes and canons of the church , for the obseruation of canonicall howers : the precepts of the church there mentioned , and the sacraments of the church , which hee makes seuen , can bee appropriated to no church but that alone , and not vnto our own , or other churches , which approoue of no such sacraments , and knowe of no such canons , lawes , and precepts , as are here recorded : ) to these i may adde : his first , his third ▪ his sixt , and his ninth howers of prayer : his vespers , a suffrages , and b compleine : his priests , and priests of gods church ( oft repeated : and the word ministers neuer vsed , though c we affirme , the name of priests , to bee an incongruous word , not proper to the ministers of the gospel : ) his times wherein marriages are not solemnized : the two precepts of charitie : the three theologicall virtues : three kindes of good workes : seuen gifts : and twelue fruits of the holy ghost : * the 7. spirituall , and corporall workes of mercy : the eight beatitudes : seuen deadly sinnes , quatuor nouissima : d a prayer , when we come into the quire : e the seuen penitentiall psalmes to bee vsed in times of penance , &c. f septuagessima sunday , was but to prepare the people for their solemne fasting , and penance ; and to forewarne them of lent : that when it came , they might more strictly , and religiously obserue it . g christs holy sacrament , his blessed body and blood. h when we are prostrate before the altar : i that the remembrance which we now offer vp to thee , may by the ministrie of thy holy angels , be brought into thy heauenly tabernacle : k at the receiuing of the body : adding with the priest : l a deuout manner of preparing our selues to absolution : a thankesgiuing after absolution : compared with the fift precept of the church : m the vertue of christs blessed crosse , &c : these seueral phrases , & passages , which are seldome or nowhere found , but in popish authors , and beare a tange , and smell of poperie alwayes with them : are a strong and pregnant euidence , that these deuotions are patched vp of shreds of poperie . fiftly , the very subiect matter of this booke , is meerely popish : therefore the booke it selfe , must needes be such : if we branch the matter of this booke , into points of doctrine , and substance : of ceremonie , forme , and circumstance : and consider these , either absolutely in themselues , or relatiuely , with reference to the authors , whence they were taken ; we shall discouer much hidden , and concealed , yea , some euident , and apparant poperie , euen twined and inuolued in it . for doctrinall , and positiue poperie , you haue these seuerall limbes , and branches couched , and by necessary implication , affirmed in it : which i shall enumerate and muster vp in order , as i finde them scattered by the author . 1. that the church of rome is the true and ancient mother church ; and that her holy canons , lawes , precepts , ceremonies , constitutions , canonicall howers and sacraments , are duely and religiously to bee obserued by vs. 2. that the visible church of christ , ( yea , the very church of rome ) can neuer erre in matters of faith. 3. that the lent-fast , is an apostolicall constitution ; that it comes from diuine authoritie : and that we are to obserue and keepe , both it , and ember weekes , rogation dayes , together with wednesdayes , fridayes , saturdayes , and holy day eues , with deuotion , and abstinence : not in politicall respects , as prescribed , and enioyned by the state ; but by vertue of the precepts and iniunctions of the church . 4. that the pictures , and images of god the sonne , and god the holy ghost , may be lawfully made . 5. that men may worship them in these images . 6. that men may adore the persons , and images , of saints , and angels , though not with that solemne worship of latria , which is due t● god alone . 7. that auricular confession to a priest , and absolution from him , are necessary . 8. that there are seuen sacr●ments of the church . 9. that there are but three kindes of good workes . 10. that there are sinnes veniall in their owne nature . 11. that christ is corporally present in the sacrament of the lords supper . 12. that the sacrament is a rea●l sacrifice , and that we are for to adore it . 13. that ange●s are our mediators to present our prayers and seruices vnto god , as well as christ. 14. that prayer for the dead is lawfull . 15. that there is a diuine blessing and efficacy in the bare crosse of christ. these fifteene points of fundamentall , ranke , and doctrinall poperie , are shrowded , and cherished vnder the protection , and countenance of these pious deuotions . for the first of these , i collect it from the title page : a the practise of the ancient church , called , the howers of prayer : from the preface to the booke , those who accuse vs here in england to haue despised all the old cermonies , and cast behind vs the blessed sacraments of christs catholique church , doe but betray their owne infirmities : b the fasting dayes of the church , or dayes of speciall abstinence , and deuotion : whereof lent , ember weekes : some holy day eues , and all the fridayes of the yeere , except those that fall within the twelue dayes of christmas . * the precepts of the church : first , to obserue the festiualls , and holy dayes appointed : secondly , to keepe the fasting dayes with deuotion , and abstinence : thirdly , to obserue the ecclesiasticall customes , and ceremonies established , & that without frowardnesse , or contradiction : fourthly , to repaire vnto the publike seruice of the church , for mattins , and euening song , with other holy offices at times appointed , vnlesse there bee a iust , and vnfained cause to the contrary : fiftly , to receiue the blessed sacrament of the body and blood of christ with frequent deuotion , and three times a yeere at least , of which times easter to be alwayes one . and for better preparation thereunto as occasion is , to disburthen , and quit our consciences of those sinnes that may grieue vs , or scruples that may trouble vs ; to a learned , and discreet priest , and from him , to receiue aduice and benefit of absolution : c the sacraments of the church : the principall , and truely so called , ( as generally necessary to saluation , ) are baptisme , and the lords supper : the other fiue , that is to say ; confirmation , penitence , orders , matrimonie , and visitation of the sicke , or extreame vnction , though they be sometimes called , and haue the name of sacraments , yet haue they not the like nature , that the two principall , and true sacraments haue . from all these seuerall passages stolen out of popish authors : and not so much as mentioned in the prayers of queene elizabeth , or in our common prayer booke , homellies , or articles : i argue thus ; if there bee no ancient church , which enioynes the practise of canonicall howers , and strict obseruation of the recorded fasting dayes , with abstinence , and deuotion : if there bee no church , which admits , or allowes of seuen sacraments , or giues such precepts , as are here recited , but onely the church of rome : then it is certaine , that the author affirmes the church of rome , to be the true , and ancient mother church , and that her holy canons , precepts , ceremonies , canonicall howers , and sacraments are duely , and rerigiously to bee obserued by vs : but there is no ancient church , which enioynes the practicall obseruation of canonicall howers , and the strict obseruation of the recorded fasting dayes ; there is no church , which approoues of seuen sacraments , or which giues such precepts , as are here recited , but onely the church of rome . therefore it is certaine , that our author , affirmes the church of rome , to be the true , and ancient mother church : and that her canons , ceremonies , precepts , canonicall howers , and sacraments , are duely , and religiously to bee obserued by vs. the sequell cannot bee denied , because the author , doth presse these canonicall howers , precepts , ceremonies , and sacraments vpon vs , from the authoritie , and practise of the church , in which they alwayes haue bene , and yet are in vse . the minor is already euident : because * no church by its owne authoritie alone without a relation to the policie of state , doeth vrge any set fasting dayes , nor yet enioynes canonicall howers , or auricular confession to a priest : nor allowes of seuen sacraments , ( as i shall prooue more largely in its place : ) but onely the church of rome , whose secret factor questionlesse our author was : therefore , our author is vndoubtedly guiltie , of this first popish tenent . for the second , that the visible church of christ , ( yea , the very church of rome ) can neuer erre in matters of faith , and doctrine : is vnfalliblie collected , from this ensuing passage in his preface . that wee might bee sure to speake in the grane , and pious language of christs church ; which hath euer more beene guided by the spirit of god , and the holy ghost . from which i argue thus . that chvrch , which is euermore guided by the spirit of god , and the holy ghost , can neuer erre in matters of faith : this all protestants , and papists testifie . but the church of christ , ( saith our author , speaking of that particular church , out of which these scattered deuotions were collected , which is no other , but the church of rome : ) is euermore guided by the spirit of god ▪ and the holy ghost , and that in matters of faith , and doctrine : according to the a tenent of the papists : who affirme ; that the pope , the church , and generall councells cannot erre ; because they are alwayes guided by the spirit of god , and the holy ghost : and contrary to the expresse doctrine , and tenent of b all protestant diuines : who affirme ; that any visible church , or generall councells , yea , that the church , and pope of rome , may erre : because they are not all euermore guided by the spirit of god : with which the 19. and 21. articles of our church concurre . therefore the church of christ , ( to wit , particular churches , or generall councells , which are the representatiue church , ) in our authors iudgement , cannot erre in matters of faith , and doctrine : which is a branded error . now marke what good vse our antagonist makes of this conclusion , euen the same that the pope , & church of rome doe : to countenance , and iustifie all those erronious , and popish ceremonies , trumperies , and positions , which are couched , and set abroach in his deuotions , and to make them passe for currant trueth : because these deuotions , are nothing else but the approoued , and accustomed deuotions of the ancient church of christ , ( videsicet the church of rome , ) which was euermore guided by the spirit of god , and the holy ghost : and not the deuotions of priuate ghosts , and spirits , ( as hee there stiles them , ) which are subiect vnto error . therefore there can bee no hurt , no error , no false , nor popish doctrine , couched in them . so that hee doeth not onely iustifie , and approoue , but likewise apply this popish position , in a subdolous , and popish manner , euen to iustifie the vnerrabilitie of these his deuotions : and in them the infallibilitie of the church of rome , from whose weedie garden , this garland of deuotions hath beene gathered . come we now vnto his third position collected from these seuerall passages . * the fasting dayes of the church . or dayes of speciall abstinence and deuotion : the holy dayes of lent : the ember weekes at the foure seasons : the three rogation dayes : the eues and vigils before some thirteene holy dayes . it hath beene also an ancient custome to fast all the frydayes in the yeare , except those that fall within the 12 dayes of christmas . * to this ende : ( speaking of septuagesima sunday , and the lent fast ) there was a godly ordinance in the ancient church ( made by the councell of anxerre more then a thousand yeares since ) that in the ende of the epiphany there should be certaine daies appointed ( such as this , and the two sundayes following are . ) wherein to prepare the people for their solemne fasting and penance , to giue them warning of their lent before hand , that when it came , it might bee the more strictly and religiously obserued . and afterwards , through the variety of fasting in diuers places , it came to passe that these three sundayes were made to be the beginnings of the lent-fast : some extending their humiliation , to a larger time then ordinary , and others excepting from it those dayes of the weeke , whereupon many christians , had either no custome , or no leaue to fast . all agreeing in this , that whether we begin at septuagesima , or any of the sundayes following , the lent-fast is duly to be kept at one solemne time of the yeare , and religiously to bee continued vnto the great feast of easter . * by the ancient lawes and customes of the church of christ , we still obserue an yearely solemne time of fasting and prayer , which we call our lent-fast . a the lent fast which wee now keepe is , and euer hath beene an apostolicall constitution . it is no humane inuention ( as they call it ) but it comes from diuine authoritie , that we fast our forty dayes in lent. b the last weeke of lent is an holy weeke , and christians haue vsed to call it , the holy and great weeke , or the passion weeke , and more solemnly to obserue it then any of the rest before , &c. this is the reason why all the wednesdayes of the yeare haue bin heeretofore , and why the frydaies and saturdayes of euery weeke besides are now continued , and made common dayes of abstinence and prayer . from the words and scope of all which passages , the author doth palpably and infallibly teach : that the lent-fast is an apostolical constitution , comming from diuine authority , which binds vs accordingly to obserue it . and that ember weekes , rogation dayes , together with wednesdayes , frydayes , saturdayes , and the last weeke of lent especially , and some certaine holy-day eues are to be kept with deuotion and abstinence : not in any politicall respect , as prescribed and enioyned by the state for politique endes : as the increase of cattell , the maintaining of ships , and marriners , and the incouragement of fishermen : ( in which respect our church doth principally obserue these dayes : not as fasting dayes , or dayes of deuotion to be spent in prayer and fasting : but rather , yea chiefly , as fish-dayes , for the aduancement of fishing , and sparing of young cattle : not as dayes enioyned by the churches but designed by the states authority : as our homely of fasting part. 2. 2 ed 6. cap. 19. 5. ed 6. cap. 3. 5. eliz cap 5. 27. eliz. cap. 11. 29. eliz . cap. 5. the kings maiesties proclamations , for the obseruing of lent , and most of our protestant diuines affirme , ) but as apostolicall praecepts and constitutions , praescribed and inioyned by the churches bare authoritie : which opinion both of the lent-fast , and of these other fasting-dayes ▪ ( or fish-dayes rather ; ) all c protestant authors doe disclaime , as a meere popish assertion ; and none but c professed papists doe mainteine . wee keepe our lent , and the fore-recited fasts , by vertue of the statute of 2. and 3 ed. 6. cap. 19. and by no ecclesiasticall , or apostolicall constitutions : wee know no expresse precepts , in our articles , homelies , canons , or common prayer booke of our church , that binde vs to obserue these fasts ; but onely the fore-recited statutes : which are the lawes , and precepts of the state , not of the church : therefore our authors doctrine in these points of lent and fasting dayes , which differ from the expresse words , and preamble of the statute of 2. and 3. ed. 6. cap. 19. from the d doctrine of our homelies : and the receiued tenent of all our writers : agreeing verbatim with the assertion of iesuites , and popish writers ; must needes be popish . for the fourth ; that the pictures of god the sonne , and god the holy ghost , may be lawfully made : it is couertly , and necessarily intimated in his first diuision of such who doe off●nd , against the second commandement : offenders against the second commandement ( saith he ) are , they that fancie to themselues , any likenesse of the deitie ; or frame for to make any image , either of god the blessed trinitie , or of god the father ; who neuer appeared to the world in a visible shape : so that he cleerely admits , and intimates in these words : that the images , and pictures of god the sonne , and god the holy ghost . may be safely made : e because they appeared to the world in a visible shape , ( as hee pretends ; ) though god the father , and the blessed trinitie neuer did . his applying then of this reason onely to god the father , and the blessed trinitie : his stopping at the father ; without any further mention of the sonne , and holy ghost ; together with his ensuing words : those that make any other image , ( be it of christ and his crosse , or bee it of his blessed angels , ) with an intent to worship them . doe fully euidence , that hee approoues the making of the images , and pictures of god the sonne , and god the holy ghost : a meere popish assertion , which the f papists onely doe mainteine : and which our owne g homelies , and h orthodoxe writers doe expressely condemne , as sinfull , and vnlawfull . for the fift position ; that god the sonne , and god the holy ghost , may be worshipped in their images ; which is necessarily collected from these words : offenders against the second commandement : are , they that make any other images , or the likenesse of any thing whatsoeuer ▪ ( be it of christ and his crosse , or be it of his blessed angels , ) with an intent to fall downe and worship them . they that are worshippers of idoles or representments of false gods : in which passages , our author onely disclaimes the worshipping of meree pictures , idoles , and false gods , which the i papists lik●wise doe condemne : or the adoration of the bare pictures of christ , and the holy ghost : intimating , that wee may worship them in their pictures , ( for why else doeth hee allow men for to make them : ) though we may not adore the pictures themselues ; according to the k ancient popish distinction , and euasion ; which our l homelies , and the fore-quoted protestant authors doe condemne , and vtterly reiect , as popish and erronious . for the sixt ; that the persons , and images of saints and angels , may bee worshipped , though not with the s●lfesame worship ▪ wherewith wee adore god himselfe this is euidently inforced from his exposiotin on the second commandement . * god is to be worshipped with the lowly reuerence of our bodies : also ; this to bee religiously done vnto him : this also to be done purely , without any such outward , and solemne worship , to be giuen either to the person , or image of saint , or angel , or any other creature whatsoeuer : which being compared with that which followes : offenders against this commandement ; they that are worshippers of saints images , and out of a false opinion of demeriting the protection of the blessed virgin , or any other saint of god , doe giue a religious adoration , to those vsuall representations that are made of them . so that hee doeth here euidently , and clearely grant , m as maister mountague also in expresse tearmes doeth : ) that n there may bee a religious vse of the images of saints , and angels ; and that wee may worship , and adore , either saints , or angels , at least wise , with the worship of dulia , as the o papists hold : though not with that outward and solemne worship , ( marke the emphasis of the words , ) which is due to god alone : for hee onely condemnes the giuing of religious adoration , to the bare images , not to the persons of saints , and angels , ( which his last words doe seeme clearely to admit , ) and the yeelding , not of religious worship , and adoration : but of that outward , and solemne worship onely , which is due to god alone : which is no more , then all the papists doe acknowledge : who appropriate the worship of latria vnto god alone ; though they giue that of dulia , and hyperdulia vnto angels , saints , and images . so that in these points of images , and prayer to saints , ( make the best of them that can be , ) hee goes no further then moderate papists , and not so farre as all orthodoxe protestant authors doe : so frozen are his zeale , and hote deuotions in these points of saints , and angels , which are meerely popish . for the seuenth ; that confession to a priest , and absolution from him ; especially , before the receiuing of the sacrament are necessary : is euident from his fift precept of the church : to wit , to receiue the blessed communion of christs body , and blood , with frequent deuotion , and three times of the yeere at least , whereof easter to bee one : and for better preparation there vnto , as occasion is , to disburthen , and quite our consciences of those sinnes , that may grieue vs , or scruples that may trouble vs , to a learned , and discreet priest , and from him to receiue aduice , and the benefit of absolution . loe p here a pregnant proofe for auricular confession : wherein there are three things obserueable : first , that the confession , which our author speakes of , is no arbetrarie , or voluntarie , but a forced , and enioyned confession , and that by the authoritie , and precept of the church : whereas q ours , and all other protestant churches , prescribe it onely by way of aduice ; and that onely in case of necessitie , when as mens consciences cannot else be quieted . secondly , that this confession must be made , not to a minister of gods word , as ( our common prayer booke renders it : but r to a discreete , and learned priest : that is , to some popish massing priest or other : thirdly , that hee must not lay open his griefe , that troubles and disquiets his conscience , as our communion booke reades it : but hee must disburthen his conscience , of those sinnes that may ( not that doe ) grieue him , and those scruples that may trouble him : fourthly , that hee must doe this , not when hee is troubled in conscience onely : but as occasion is ; that is , as oft as he receiues the sacrament , if the priests leasure , and his owne occasions will permit him . all which are , directly contrary to the s doctrine of the church of england ▪ and t all protestant authors ; and consonant to the doctrine of the church of rome : who approoues , and practiseth auricular confession , u especially , before the receiuing of the sacrament : and makes this , one x principall precept of the church , ( as our deuotioner doeth here : ) to confesse our sinnes to an approoued priest , once a yeere , and to receiue the sacrament , at the least euery easter . therefore hee is apparantly guiltie of this grosse point of poperie . come wee now to the eighteth ; that there are seuen sacraments of the church : collected from these words . the sacraments of the church : here is the title ; then follow the sacraments themselues . the principall , and truely so called : ( as generally necessary to saluation , ) are baptisme , and the lords supper : the other fiue ; that is to say , confirmation , penitence , orders , matrimonie , and visitation of the sicke , ( which no papist yet accounted any , ) or extreame-vnction : though they are sometimes called , and haue the name of sacraments , yet haue they not the like nature , that the two principall , and true sacraments haue : loe here a litterall , and manifest acknowledgement , and publication of seuen sacraments : for first , the whole seuen , haue reference to the superscription : the sacraments of the church : secondly , he stiles them , the other fiue ; and names them in particular : thirdly , he saith , that they are sometimes called , and haue the name of sacraments : quoting scriptures for them in the margent . hee doeth not say , that they are so called by the papists , who onely repute them sacraments ; but that they are so called , and named , viz. by the church , to which onely it hath relation : fourthly , he doeth not say with our chatechisme there quoted ; that baptisme , and the supper of the lord , are the two onely sacraments , that are generally necessary to saluation : nor with our y homelies and 25. article : that the other fiue , that is to say ; confirmation , penance , orders , matrimony , and extreame-vnction , are not to bee counted for sacraments of the gospel ; but such as haue growne from the corrupt following of the apostles , &c. all hee faith by way of exclusion , is onely this . that baptisme , and the lords supper , are the principall sacraments , truely so called : that they are generally necessary to saluation , and that the other haue not the like nature with them : which doeth not exclude the rest from being true , or lesse necessary , and inferiour sacraments : since all papists who acknowledge seuen sacraments , doe confesse : that z baptisme , and the lords supper , are the principall , and most necessary sacraments of all the rest : and the rather am i induced to thinke , that i haue not wronged our deuout author in his arethmetique ; because he ioynes his fiue precepts of the church : his sixe corporall , and seuen spirituall workes of mercy , his seuen deadly sinnes , and seuen contrary vertues : his eight beatitudes , and other particulars : ( transcribed verbatim out of our ladies psalter , and iames ledesma his chatechisme , where the seuen sacraments are inserted with them : ) with these seuen sacraments ; since therefore hee iumpes so fully with the papists in all the other particulars , i doubt not , but hee doeth concurre with them in this : and so is culpable of this knowne , and professed popish tenent : which our second booke of homelies . hom. 9. our 25. article , and all our orthodoxe writers , doe with one consent condemne , and disauow . from these seuen sacraments , come wee now to his other popery . that there are but three kindes of good workes : which doth necessarily result from these words : three kindes of good workes ; fasting , prayer , and almes-deedes : which as they are transcribed verbatim out of our ladies primer , vaux his chatechisme : matthias coschi , his otium spirituale melliftuarum praecationum : printed 1617. pag. 105. and a other popish authors : so it altogether iustifieth that popish assertion : that there are but these three kinde of good workes : which our b homelies , and all protestant diuines doe vtterly deny : since hearing , reading , and meditating of gods word : the honouring , louing , fearing , obaying , and seruing of god , both in our generall , and particular calling : our beleeuing in his name , together with all other dueties of pietie , and religion , both to god , our selues , or others , and the keeping of all gods commandements , are as really , and properly good workes as those : as our homelies of good workes , and scriptures testifie . from this wee descend to the ensuing point . that there are some sinnes which are but veniall , not mortall , in their owne nature : which is euidently deduced from this passage . seuen deadly sinnes ; 1. pride ; 2. couetousnesse ; 3. luxurie ; 4. enuy ; 5. gluttony ; 6. anger ; 7. sloth : which as it is directly stolne out of our ladies primer , ledesma his chatechisme . cap. 14. the howers of our lady : printed at paris . 1556. fol. 3 , 4 , 5. bellarmines christian doctrine . cap. 19. otium spirituale . by matthias coschi . pag. 112. and other popish pamphlets , chatechismes , and deuotions ; not out of any protestant authors : so it necessarily implies : that these seuen sinnes , are the greatest sinnes of all others : and that there are some sinnes , which are not deadly in their owne nature : for so doe the popish writers inferre from thence : whence it is , that after they haue discoursed of these seuen deadly sinnes ; they then fall c immediately to dispute of veniall sinnes : which veniall sinnes , d our owne , and all other protestant churches doe renounce . neither is this any wayes salued by the clause , ( as they are commonly so called , ) which our author ( conscious no doubt to himselfe , of his owne guilt , ) hath added to his latter impressions : for these are no where commonly called , the seuen deadly sinnes : but among e turkes , and papists ; not amomg protestants . whence our ladies primer , and iames ledesma the iesuite , his chatechisme . cap. 14 speaking of these seuen sinnes , giue them this superscription : the seuen capitall sinnes , which are commonly called deadly : so that our authors latter edition which renders it ; not deadly sinnes , as his first impression doeth : but , seuen deadly sinnes , as they are commonly so called : doeth rather marre then mend his cause , because it is now more suitable to ledesma , and our ladies primer , then before : and so more likely to inferre this popish conclusion : that there are some sinnes , which are but veniall in their owne nature : which protestants doe quite renounce . but our author doeth not set a stop , and period to his popish errors here , for loe , hee proceedes , euen to a transubstantiation , or a corporall presence of christ in the sacrament ▪ which i clearely collect from these two passages : b christs holy sacrament , his blessed body and blood : at the receiuing of the body : lord i am not worthy , &c. he doeth not say : the holy sacrament of christs body , and blood : or at the deliuery of the bread , as our booke of common prayers doeth ; in the order of the administration of the lords supper : but , christs holy sacrament , his blessed body and blood : and at the receiuing of the body : not of the bread : which doeth imply , a transubstantiation , or corporall presence of christ in the sacrament , which the c papists doe so eagerly maintaine : d and our church , and writers so frequently condemne . yet this is not all ; for our deuout author , as hee admits a corporal presence : so he impliedly affirmes , an vnbloody sacrifice of christs body , together with an adoration of it : as these words import . e a prayer when wee are prostrate before the altar : thou art worthy o lord , &c. f adding with the priest : the body of our lord iesus christ , &c. loe here ; a body of our lord iesus christ ; an altar ; a prostration ; ( not a kneeling , ) before this altar ; together with a priest : and what papist ; yea , what protestant , may not hence conclude ; an approbation of the popish masse ; an vnbloody sacrifice of christs body , offered on the altar , by a priest , together with an * adoration of it . things which all g protestant authors doe abhorre : and none but h papists doe admit . our author still proceedes , euen to the very mediation of angels : in these words . i command , that the prayers , and supplications , together with the remembrance of christs passion , which wee now offer vp vnto thee , may by the ministrie of thy holy angels , bee brought vp into thy heauenly tabernacle : this as it was borrowed from missale romanum : canon missae pag. 272. so it is , so cleare an euidence for the mediation of angels : ( a doctrine which a our church , and all good protestants , doe vtterly renounce : ) that our author , who in his second edition , did onely alter it , from angels , to angell : in his last edition , was euen constrained to rase , and blot it out : but yet it stands vpon record , both against him , and vs , in all his first impressions , to the disgrace , and scandall of our church ; and the great aduantage of our aduersaries . as b wicked men , and seducers , waxe worse , and worse ; so doeth our deuout author , who slips from one point of poperie , to an other : from the mediation of angels , to prayer for the dead : in these words . and these to be repeated till the soule bee departed then ( pray well obserue this word : ) c o thou lambe of god , that takest away the sinnes of the world , grant him thy peace : with this prayer : which makes it yet more euident . o lord with whom doe liue the spirits of them that die : and by whom the soules of thy seruants , after they be deliuered from the burthen of the flesh , be in perpetuall ioy , and felicitie : ( a clause taken out of our first prayer , at the burying of the dead : and therefore doeth here necessarily import , that this prayer , is a prayer for the dead ; who are deliuered from the burthen of the flesh : ) wee most meekely beseech thee , for this thy seruant , that hauing now receiued the absolution from all his sinnes , which he hath committed in this world : hee may escape the gates of hell , and the paines of eternall darkenesse : that hee may dwell for euer with abraham , isaac , and iacob , in the region of light : ( a clause transcribed out of the breuiarie of pius 5. and clemens 8. printed at antwerpe , 1621. officium defunctorum , pag. 154. and that out of a prayer for the dead , which runns thus . vt animam famuli tui , quam de hoc seculo migrare iussisti , in pacis ac lucis regione constituas , & sanctorum tuorum iubeas esse consortem : ) and thy blessed presence , where there is neither weeping nor heauinesse . and that when the generall day of thy iudgement shall come , hee may rise againe with the iust , and receiue this dead body which must now be buried in the earth , ( a clause which puts all out of question : ) to be ioyned with his soule , &c. lee heere a palpable prayer for the dead ; which he who runns may reade , and see : ( yea , and a limbus patrum too , implyed in these words : that he may dwell for euer with abraham , isaac , and iacob in the region of light , which d region , the papists stile their limbus patrum : ) yea , but an index expurgatorius hath passed on this prayer . true it is , that the author in his last edition , hath rectified this prayer of his , after great exceptions taken to it , and complaint against it . but this doth onely euidence and make cleare his guilt : ( for if there were no apparant popery in it , why should he purge it out ? ) not mittigate or asswage his fault . the author is a scholler : he had long since collected these deuotions for his owne priuate vse , ( as the printer in his epistle annexed to the latter editions , testifies : ) and among them hee had inserted this prayer for the dead ; ( consarcinated and patched out of sundry other prayers by himselfe alone , and not transcribed out of our common , or queene elizabeths priuate prayer booke ; ) which he hath published vnto the world vpon deliberation and aduice , and that for 4 : weighty reasons , as the preface testifies . therefore this was no slip nor ouersight in the author , ( much lesse in the printer , who labours to take the blame vpon himselfe , though there is not one presse-error in the booke ) but a voluntary , wilfull , and affected error , of purpose to iustifie and countenance , the popish assertion , of prayer for the dead , which e the church of england and all her worthies , haue hitherto opposed . lastly , as our author began with the signe , so he concludes , with f the virtue of christs blessed ( or of * the holy ) crosse : which implies , there is seme diuine vertue in the signe of the crosse , as the g papists testifie ▪ and as h master mountague himselfe auers vpon his owne experience . and the rather am i induced to make this co●lection from this passage , for these two reasons . first , because the i frontispeece of the booke is adorned with a crosse , held out in the hand of a deuout supplicant . secondly , because i neuer finde this forme of blessing , but in popish authors , who ascribe a diuine vertue and efficacie to the bare signe of the crosse : since therefore this forme of blessing was borrowed from papists : i doubt not , but he concurres with them in the doctrine , as well as in the signe , and mention of the crosse : and thus haue you these fifteene dangerous points of doctrinall , and fundamentall poperie , taken out of romish primers , pamphlets , and prayer bookes , inuolued , and couched in these pious deuotions . to these i shall adde one more , which i had almost ouerslipped : to wit. the approbation of popish penance : which is necessarily collected from this clause and passage . k the seuen penitentiall psalmes , to bee vsed in times of penance , &c. let any indifferent reader now consider : first , that protestants know no times of penance , but onely papists : secondly , that as l they renounce the doctrine , so likewise they m disauow the very word , and phrase of penance : not onely in their owne writings , but in all their english translations of the bible , ( for which the papists taxe them : ) because in its vsuall , and accustomed signification , it imports nothing else : but a certaine punishment , taken vpon men for satisfaction of their sinnes to god : and so it is a word that derogates from the satisfaction , and passion of iesus christ , which should cause all christians to reiect it : thirdly , that the papists make penance a sacrament , and n oft recite it in their writings , of purpose to expresse their shrift , and popish penance of whipping , pilgrimage , and such like satisfactory mulcts , and punishments , ( as they deeme them ) by it : fourthly , that the word penance , in its ordinary and proper vse , especially , times of penance : doeth import , and signifie nothing else but popish penance : fiftly , that it is the vse and practise of popish priests , to enioyne their poore deluded penitents during the times of their penance , to mumble ouer the seuen penitentiall psalmes , here mentioned by our author , once euery day at least : i say , let any impartiall reader , but lay all these together , and consider how our author had formerly enioyned shrift , or auricular confession of our sinnes vnto a priest , before the receiuing of the sacrament : and then hee cannot but from hence conclude , a plaine , and euident approbation , and publishing of popish penance ; which all protestant churches doe abhorre , as exceeding derogatory to the death of christ. but passing from these doctrinall , and fundamentall , i come now to those other ceremonious , and circumstantiall points of popery , that are directly broached , and patronized in these new deuotions : which are foure in number . first , that canonicall howers are of ancient , and laudable vse ; and that they are diligently to be obserued euen of priuate christians . secondly , that the canonized saints of rome , are true and holy saints , and ought so to be esteemed of vs. thirdly , that there are some seasons of the yeere , wherein mariages may not be solemnized . fourthly , that the quire is more holy , then the rest of the church . for the first of these ; the very title of the deuotions : ( viz. the howers of prayer : ) the many proofes and quotations out of the scriptures , and fathers , to iustifie the antiquitie , vse , and practise of them ; ( which are transcribed out of o bellarmine , p azorius , q and the rhemists : ) the prefaces which our author makes to all these howers : together with the scope and drift of the whole booke , ( which is onely to confine , and limit mens deuotions to these canonicall howers : ) doe abudantly , and infalibly testifie , and confirme this popish assertion , ( in the proofe of which , azorius , bellarmine , and the rhemists take such paines ) : that canonicall howers , euen after the late popish diuision , are of ancient , and laudable vse : and that they are diligently to be obserued , euen of priuate christians : which is more then either r bellarmine ▪ s azorius , the t rhemists , u vaux , or any iesuite , or popish monke , or priest affirmes : who expressely teach ; that none are bound to obserue canonicall howers , but such religious persons , who haue entred into holy orders , but especially monkes , and nunnes , and such whose deuotions are not interrupted by necessary study and imployments . for the antiquitie of these canonicall howers , after the romish computation , to wit : mattens , the prime , the third , the sixt , the ninth hower ; vespers , and the compline : ( to which our author addes bed time ▪ as we lie downe to sleepe ; or the last hower of the night : ) some would deriue it from the primitiue church : x so bellarmine , and azorius : and for proofe of this , they quote clemens romanus , constit. apostol . lib. 8. cap. 34.40 . and of this opinion maister couzens seemes to bee , who much relies vpon the same authoritie , which is y alwayes placed in the fore-front : but loe the vanitie of the papists , and the impudency , and treacherie of maister couzens , who build the antiquitie of their canonicall howers , vpon such a sandy foundation ; vpon such a counterfeite , and fictitious author as this clemens : who is bored and branded by z many papists , and all protestant writers of any iudgement ; for a meere counterfeite , composed by some vaine , and illiterate monkes of puny times : others attribute the inuention of them to saint hierome : others to dauid , and daniell : but all these speake onely of the third , the sixt , and ninth hower : as for the first hower , bellarmine himselfe confesseth ; that it was not inuented till cassianus his time : and that the compline was neuer mentioned by any author before saint benedict who inserts it in his 16. rule . a pope pelagius the second was the first that enioyned priests , and religi-persons to obserue these howers of prayer : which afterwards the councell of aquisgraue vnder lewes the first , anno. 816. cap. 131. the councell of basil vnder eugenius the fourth , session 21. the synod of moguntium vnder rabanus , cap. 16. the prouinciall councell of senona , or seine . 1528. decreta morum cap. 18.19 . the prouinciall councell of colen . 1536. part . 2. cap. 6.7 , 8. part . 3. cap. 5. the prouinciall councell of trier . 1549. commanded canonicall , and religious persons to obserue these howers : but neuer were any papists so absurd , as to inioyne any persons out of popish orders to obserue them . what protestants haue thought of these canonicall howers : let * bellarmine himselfe testifie ; who produceth witcliffe , luther , illyricus , brentius , the confession of wittenberge , tilemannus , and hesbusius , expressely condemning them . to these let mee adde the harmonie of confessions . sect. 15. confessio . zanchij . cap. 25. caluin instit. lib. 3. cap. 20. sect. 29.30 . melancthon , musculus , martyr , aretius , loci . communes . de precatione locus . docter fulke . rhemish testament . on luke 18. sect. 1. actes 3. sect. 1. cap , 10. sect. 3. gal. 4. sect. 6. maister perkins . his cases of conscience . lib. 2. quest. 3. sect. 4. who all reiect these canonicall howers , as popish , vaine , and superstitious trash : neither is there any b protestant church , or author , to my knowledge , that euer did approoue them , either in doctrine , or in practise : true it is , that our owne and other protestant churches , haue bounded out some set times and howers , for publike prayers , and deuotions , that so men might with more conuenience meete together ; for gods publike worship and seruice . but yet these times and meetings , are farre different from these canonical howers : for first , they are but c twice a day at most , to wit , morning , & euening : secondly , they are not confined to the compasse of an hower , not to any set limits of time , which may not bee exceeded : thirdly , the forme , the method , yea , and the matter of their deuotions differ : fourthly , there is some varietie , and change of prayers , chapters , and psalmes in the one : but there is an identitie of matter , and prayers in the other , which may not bee altered : fiftly , this is publike and common to all persons whatsoeuer , the other priuate , and proper onely to religious , and canonicall persons : sixtly , these times of publike prayers , and meetings , are onely for conueniencie : these canonicall howers , are prescribed as matters of necessitie , and as a part of gods worship , and seruice . seuenthly , these canonicall howers , cannot be altered , nor changed : our set times of prayer , and publike meetings may , being some times sooner , some times later , as occasion serues . for priuate deuotions , of priuate men , d our church leaues euery man to his free libertie , to pray , and read , at what howers , and times he please : euenings , and mornings , are the seasons , both of publike and priuate prayer , which she commends : not the first , the third , the sixt , the ninth howers ; which she neuer yet prescribed vnto any , since her reformation : since therefore our church , as the e rhemists themselues expressely testifie : and all reformed churches in forraine parts , together with the fore-quoted authors , haue vtterly reiected these canonicall howers : i wonder much , how our author dares to impose , or presse them on vs now . what , did he dreame wee would all turne cloistered monkes , and mued nunnes ; or ancorites , and bruitish hermites ? that wee would all take popish orders once againe : or that wee would voluntarily chant , and mumble ouer his deuotions euery day ? ( an harder taske then papists doe enioyne their strictest orders : ) or would he haue vs to renounce all secular imployments , and gods publike ordinances , and wholy to deuote our selues to priuate prayer ? and so make vs all turne seperatists , vnder pretence of priuate deuotion ? if so , then there were some cause , and colour to confine both vs , and our deuotions , to these canonicall howers . but if hee hath no such aime as this ; then let his howers , and deuotions goe as needlesse , and superfluous romish trash , that are fit for nothing , but the cloisters , or the dung-hill , since no church but rome , did euer owne them : and since our owne , and all protestant churches , haue discarded them as superstitious , as the f rhemists truely doe affirme . if any obiect : that these canonicall houres were approued , and authorized by queene elizabeth in that orarium , or booke of priuate prayers , printed by william seeres , 1560. published by the queenes authoritie : and therefore the church of england doth approue of them ; which is all that our author can pleade in the defence of these his howers of prayer . to this i answer : first , that there was indeed some short mention made in the foresaid booke , of the first , third , sixt , and ninth howre , and of mattens , euening song , and compline : but yet , that booke was neuer intituled , the howers of prayer , as these deuotions are : nether is there any one word spoken , or scripture , or author quoted in it to approue and iustifie the vse , and practise ; or to set foorth the antiquity of these howers : whereas our author pleades as much as any papist hath , or can doe for them . secondly , those prayers were published in the third yeare of her famous raigne , in the very infancy of reformation , when as all popish reliques were not so fully clensed out , as afterwards they were : therefore our author may not racke and serue them to our aged and noone-tide seasons of the gospell , which haue long since worne out these menstruous and polluted raggs of romish superstition , and monkish deuotion . thirdly , queene elizabeth was so farre from patronizing canonicall howers , that in the second impression of these priuate prayers , in the yeare 1564. printed by her authority , these howers were quite oblitterated , & not so much as mentioned in that , or in the subsequent edition in the yeare , 1573. which doth plainely euidence : that those howers , were either secretly foisted into these priuate prayers , after they were licenced for the presse : ( as i feare me much of our authors deuotions were , ) or else , that they were ouer-slipped by the haste and carelessenesse of the lic●n●er , as our authors popery was : else questionlesse they had not beene omitted , not obliterated in the ensuing impressions . doubtlesse , if queene elizabeth , or the church of england had euer approued of these how●rs , they had neuer caused an index expurgatorius to passe vpon them in the succeeding editions : since therefore these howers were onely named in the first , but quite purged out , and that by authority , in the second and third impressions : it is certaine , that the church of england , and q● . elizabeth , ( who gaue the greatest blow and cownefa●● to romes deuotions ) were so farre from countenancing and approuing : that they did euen vtterly reiect , exile and damne them . and here i must obserue the treacherous and partia●l carriage of our author , who to testifie his deare affection to the whore of rome , and his great disloyalty to the church of england : doth couertly passe by the second , third , and most corrected and reformed impressions of those priuate prayers ( where these canonicall howers are not so much as named : ) renuing onely the name and memory of the first impression , which was buried in silence and obliuion , wherein these houres are recorded , which may giue some seeming aduantage to the church of rome . doubtlesse if he had respected englands good and profit , more then romes : or intended the increase of tr●e deuotion , more then the propagation of romish superstition , he would either haue suffered these priuate prayers to rest in silence , or at least he would haue framed his deuotions according to the forme and modell of the last and best editions : and not haue moulded them according to the howers in the first impression , which suite with none but popish deuotions : but more of this hereafter . fourthly , it is euident both by the a statutes of king edward the 6. and queene elizabeth , b and the proclamations of king iames of happy memory : for the vniformity of common prayer : ( which master cozens himselfe , i know not by what authority , hath lately caused to be annexed to , and printed with all the books of common prayer whatsoeueuer , whereas formerly they were omitted : ) by the praeface to the common prayer booke ; and by the common prayer booke it selfe : that the church of england hath vtterly reiected , and antiquated canonicall howers , as vaine and superstitious ceremonies , which suit with none but cloistered persons : and that shee onely enioynes and retaines ; both in publike , or priuate , none but morning and euening prayer , and that at no set howers , but such as may be altered as mens conueniences and occasions serue . yea the forequoted authors , and the c rhemists themselues doe expresly testifie : that the church of england hath vtterly reiected canonicall howers , as vaine and superstitious : so that our author cannot prooue , that queene elizabeth , or the reformed church of england , did euer countenance or patronize these howers of prayer : in the reuiuing and broaching of which , he is onely an agent and factor for the church of rome ; the d authoritie of whose ancient lawes , and old godly canons , hee endeauours to continue and praeserue : as himselfe professeth in his praeface . but to passe from his canonicall howers , to his canonized saints : in his praeface to his calender : hee affirmes : that all those persons whose names are preserued in the calender of the church ( and so in his ensuing calender ) there to remaine vpon record and register , as sacred memorialls of gods mercy towards vs , and as forcible witnesses of the ancient truth : were holy and heauenly saints , the blessed seruants of god : and holy persons , which the vniuersall church of christ , and not our people onely , were best affected too : and that they are now like the angells of god in heauen . now , many of these saints recorded in his calender , were neuer canonized but at rome ; others of them were notorious wicked men : and some of them were neuer found in rerum natura : witnesse saint agnes , saint vincent , saint valentine , saint dauid , saint cedde , saint benedict the famous , ( the father and founder of our monkes and friers : ) saint richard of chichester , saint alphage of canterbury , saint george the famous , saint dunstane of canterbury , saint austin the monke , saint boniface of mentz , saint swithine of winchester , saint margaret of antioch saint anne , saint giles , saint lambert , saint denis of france , saint edward , saint audry , st. leonard , saint martyn , saint bruce , st. machutea , saint hugh , saint edmond , saint katherine , saint nicholas , and saint syluester : now all these ( if our author may be credited ) are holy and heauenly saints , and are now like the angels of god in heauen : though some of them were neuer yet in being : & others of them were professed papists , and neuer saincted but at rome : i confesse indeed , that these names , with sundry others are recorded and preserued in our calenders : not that we repute them all for saints or holy men : ( they are the expresse words of e praeces priuatae , printed by william seeres , by queene elizabeths approbation : 1573. out of which these new deuotions are pretended to be collected : ) or that ( if they were the most holy persons of all other ) we deeme them worthy of any diuine worship or honour : but that they may be as notes of some certaine things , and fixed seasons , the knowledge of which is very beneficiall , and the ignorance of which would be very praeiudiciall to the people : our church enrolles , or rather reserues their names within her calender , not to canonize them for saints , but to dedesigne and point out times : therefore our author who doth record them in his calender onely for this reason , that they were holy and heauenly saints , and the blessed seruants of god , who are now like the angels of god in heauen : must needes be guilty of canonizing popish saints , both in his doctrine , and his practise too . from the canonizing of saints : we passe to the solemnization of mariages : and heere our author informes vs : that there are some certaine seasons wherein marriages are not solemnized : to wit , from aduent sunday , vntill eight dayes after the epiphany : from septuagesima sunday , vntill eight dayes after easter : from rogation sunday , vntill trinity sunday : which is full fiue moneths in a yeare : and why , i pray , are not marriages to bee solemnized in these times ? forsooth , because , some of these being times of solemne fasting , and abstinence : some of holy festiuity , and ioy ; both are fit to bee spent in such sacred exercises , without other auocations : and whence had our author these prohibited times of marriage ? from our owne , or from the church of rome ? if from our church ? i must confesse ingeniously , that though our spirituall courts for their owne priuate lucre , permit not men to marry at certaine seasons of the yeare , vnlesse they first procure a licens from them , for which oft times they pay full deere : ( an abuse and grieuance , which would be searcht into , and quite remoued : ) yet there is no clause , no article , nor canon , either in our common prayer booke , our church kalender , our articles , homelies , our booke of canons , or our statutes to my knowledge , that prohibits marriages at any time , much lesse , in the fore-recited seasons : sure i am , the scriptures confine not marriage , f which is honourable in the sight of all men , to any times , or seasons of the yeere ; but giues men this libertie at any season ; ( especially in spring time , when as mens lusts are most impetuous , and predominant ; ) g rather to marry then to burne . why then should we bee intangled , in a yoake of bondage , when as the scriptures leaues vs free , to marry when we please ; so as wee h alwayes marry in the lord ? if marriages bee lawfull at any season , why then should men be put to such a needlesse trouble , and expence , as to procure a licens for a lawfull thing ? if it be not lawfull at some seasons , either by the law of god , or man : ( which lawes i neuer yet could see nor heare of : ) how then can a licens from a spirituall court , dispence , or make that lawfull , which is vnlawfull of itselfe ? the trueth is this ; our church prohibites marriages , at no seasons whatsoeuer , so as they are religiously , and duely solemnized : much lesse , doeth she restraine the vse of them , at festiuall , holy , and ioyfull time , ( as our author doeth absurdly reason : ) because as marriage is a holy ordinance of god , and so fit for holy times : so i likewise it is a festiuall , and ioyfull thing , and so most seasonable , and suitable , for festiuall , and ioyfull times , and seasons ; as the scriptures , and dayly practise of all christians testifie ; who deferre their marriages for the most part , till such times as these : if then the church of england knowes no times , especially , no festiuall , nor ioyfull times , wherein the solemnization of marriages is prohibited : whence then had our author these nonlicet seasons ? truely , from the very councell of trent . sessio . 23. decretum . de reformatione matrimonij . cap. 10. from breuiarium romanum pij . 5. & clementis octaui , at the beginning , or from laurance kellams manuall of prayers , a little after his kalender ; who both informe vs out of the councell of trent : vnder this title : when marriages may not bee solemnized : that the solemnizing of marriages , is forbidden , from the first sunday of aduent vntill twelfe day , and from the beginning of lent , vntill low sunday , or eight dayes after easter , all other dayes they may bee solemnized . loe here your prohibition of marriages at certaine limited seasons , proceedes originally from the councell of trent , and from no other diuine , or humane authoritie , that euer i could finde : and from hence our author questionlesse , did transcribe it . onely in this he exceedes this councell , and the recited popish authors : that he prohibites marriages , from rogation sunday , to trinity sunday ; adding a reason , with all to backe , and iustifie the restraint of marriages in these seasons ; when as the trent councell , and other papists , are not yet so reasonable , as to yeeld a reason of any such restraint ; nor so vnreasonable , as to proceede so farre in this restraint , by one three weekes , as our author doeth : but of this enough , if not to much . i come now vnto the quire , which our author seemes to make more holy then the body , or any other part , or parcell of the church : for when hee hath prescribed vs a short eiaculation , or meditation ; a at our entrance into the church : out of the fift psalme : b transcribed out of popish authors : hee then enioynes vs another contemplatory eiaculation , out of the eightie foure psalme : when wee are come into the quire : together with another out of reuel . the fourth : when as wee fall downe to worship , and adore , before the presence of god : now what doeth this intimate , or implie vnto vs ; but that the quire is farre holier then any other parcell of the church ; a meere superstitious , absurd , and popish opinion , which i will not stand for to refute . by all these twentie seuerall fundamentall , and circumstantiall points of popery , which are secretly wouen , and interlaced with these pious deuotions ; ( which were in trueth transcribed out of popish primers , chatechismes , and prayer bookes : ) it is as euident as the sunne at noone-day ; that the very subiect matter of these deuotions , is meerely popish ; which was my fift , and chiefest proofe , to euidence , and cleare my first conclusion : which i will here shut vp with this short syllogisme . that booke , whose frontispiece , title , frame and method , stile , and phrases , yea , and subiect matter too , is altogether popish : must needes be meerely popish , both in forme , and matter . but the frontispiece , title , frame and method , stile , and phrases , yea , and the subiect matter too , of this booke of priuate deuotions , is altogether popish . therefore this booke of priuate deuotions , must needes bee meerely popish , both in forme , and matter . which was my first , and now makes ready way , and passage to my second conclusion . to wit ; that the authors end in publishing this booke of deuotions ; was nothing else ; but to introduce , and vsher popery into our church ; at least to grace , and countenance it . this second assertion is infalliblie euidenced , and confirmed by the former . for what designe , or end can any , ( especially , one who pretends himselfe a protestant , ) haue , in publishing any treatise , whose forme , and matter is meerely popish , but onely the propagating , or at least , the countenancing , and aduancing of popery , and romish superstition ? now i haue already prooued , both the forme , and matter of these priuate deuotions , to bee altogether popish , by sundry pregnant euidences . therefore , the authors aime and purpose in publishing them , could bee no other , but to propagate popery , and secretly to vsher it by degrees into our church ; at least , to giue it some grace , and countenance now among vs. besides all this ; if wee consider , that these deuotions are consarcinated , and patched vp of popish reliques , and fragments , raked out of the very dung-hill , of popish psalters , primers , chatechismes , and prayer bookes : ( as i haue already in part , and shall anon more fully demonstrate ; though the author , and printer doe pretend the contrary : ) how can wee but coniecture , nay , infalliblie conclude : that the aduancement , and introduction of popery , and munkish deuotions , was the true and vtmost end , of contriuing , collecting , and publishing these deuotions ? againe , if wee di●igently obserue , how these deuotions are framed , onely for the vse of the monasticall , and cloistered male , and female orders , of the church of rome ; that they are altogether fitted for the dayly exercise , and practise of those english iesuitesses , ( a new inuented order , ) friers , munkes , and nunnes , which lurke among vs , or else , are mued vp in forraine cells , and cloisters of impietie : or for the behoofe , the furtherance , and encouragement of those vnprofessed roman pro●e●tes , and conuerts : ( who swarme so thicke of late in euery corner , and buy vp these deuotions thicke and threefold , as i am informed : on the couer of which , they stampe an ( i h s. ) as they doe on all their popish primers , breuiaries , and prayer bookes , in token , that this booke is meerely popish , and seruing onely for their vse : ) the first of which , are wholy tied , and deuoted , by their orders ; and the latter , onely aduised , as occasion and leasure serues , to the vse and practise of canonicall howers , and times of priuate deuotion : how can we but surmise , that the chiefe and primary end of these deuotions , was onely to reuiue to countenance , and set vp munkery ; and to aduauce , and further the cloistered , and superstitious d●uotions , of regular , and canonicall persons , which our church hath long since , quite exploded , and cast out , as menstruous , and polluted reliques of the romish whore ? if wee accumulate and adde to this ; that these deuotions can neuer square , nor suite with protestants , nor any wayes promote their priuate prayers , or deuotions : we need not doubt , nor stager at this conclusion : that these deuotions were meerely published for romes aduantage , and for the aduancement , and furtherance of her cause , and faction : for i would willingly learne but thus much from the author , or any of his patriots , or abbetters : what vse there is of these deuotions , or howers of prayer , in our church , or state ? if they are suited , and squared for the practise , and c dayly vse of any who are religiously giuen , as the preface to them doth surmise : i would know what kind of persons those should be , who should be tyed and confined to the deuout , the ancient and orderly exercise of these howerly deuotions ? if any : then they must be either canonicall and regular persons who haue entred into popish orders , ( whom our church hath long since spued out as crapulous and noysome humours : ) or else they are secular and vnprof●●sed persons , not tainted with the monasticall and vnholy orders of the church of rome ; which are the onely members which our church or state acknowledge . if the latter of these , ( for the first we vtterly disclaime : ) then they must be either clergie men , or laicks and secular persons : if clergie men : then either those that haue cures , or those that want them : if those that haue cures , then either conscionable and painefull residents , who d readily feede their flockes with care and conscience , and preach vnto them once a sunday , at least , ( as the e canons of our church enioyne them , though many deeme this clause to strict , and therefore make no conscience to obserue it : ) or else vnconscionable , lazy , * wolfe-feeding & soule-murthering nonresidents , ( the epidemicall and fatall plague , and sicknes of our church ) who labour onely to purchase and procure , and then to f fleece & staruc , but not to feede their flocks : if the former of the two : alas our author , and most of his abettors , who thinke one sermon in a month enough , or to too much : doe doome all these for branded puritans ; because they are so diligent , and frequent in their preaching : and thefore there is little hope of working them to these canonicall howers ( which the horologe and clocke of rome hath measured out , ) vnlesse our author can charme their consciences with some magicke spells ; or cause some higher powers to silence , and close vp their mouthes : or to cloister , mue , and shut them vp in some close , and loathsome prison , cell , or dungeon ; because they preach too much , and draw too many vnto god : or speake to plaine , and bluntly against the sinnes , the vices , and corruptions of the times : for else their consciences , studies , and pious execution of their function , either will , or cannot brooke , the restraint , and curbe of these canonicall howers , and priuate deuotions , which would interrupt their publike imployments , and withdraw them , from their popular , and publike ministrie . if the latter of the two : alas , these are so taken vp with secular , or state affaires : with pauls , or westminster hall : with some iustice of peace-ship or other : with g the eager prosecution of some fat benefice , deanery , or bishopricke , or some such suite at court : or h so fatted with some deanery , or prebendary , ( the common receptacles of those idle drones , and abbie-lubbers , who sucke the hony of our church , whiles the labouring , and industrious bees , who beare the heate , and burthen of the day , and cure , are a most starued , with their fiue , or tenne-pound pensions : ) that they either want time , or breath , to mumble ouer these deuotions : indeed , nonresidents are the onely men , that i can thinke of , who haue , or at leastwise might haue , leasure time , to practise these deuotions ; and turne them ouer euery day , at their prefixed howers : but i feare me , that they are so wholy ingrossed with the recited employments , that they cannot : or that their sloath , and lasinesse is so great , and their deuotion so small and key-cold , that they will not brooke so hard , and heauy a taske : certainely , they who haue not so much conscience , or deuotion , as to keepe , and feed their flockes , and to preach vnto them once a weeke , ( it may be , scarce once , or twice a yeere ; ) though i christ himselfe , and the k name , and essence of their function , tye them to it : will neuer finde conscience , or deuotion enough , to chant ouer these deuotions duely once a day ; nay , once a month : especially , since there is no other argument to perswade them to it , but our authors bare perswasion , and aduice ; which i dare presume , was neuer seconded by his practise . so that if you will confine our beneficed clergie-men to these deuotions , and howers of prayer ; there is little hopes of good successe : for those that haue no cures of their owne , if they officiate other mens cures , as they ought : their stipends vsually are so meane , and beggerly , ( especially , if they are honest , and laborious men , ) vnlesse the parish-purse augment it ; that they are commonly enforced to teach , or tutor poore mens children , or to turne trencher-chaplaines , or schoole-maisters to some countrie gentlemen ; or to betake themselues to some base , illiberall , mechanicall , or seruile worke , or labour , to preserue their liues , and soules together : so that what with their paines , and industry in the discharge of their cures , and their other auocations , and imploiments for their necessary support , and liuely-hood , they haue no vacant time for these howerly , and set deuotions : yea , such is the penury , and miserable indigencie of many poore curates , ( to the shame and infamy of their fast-handed , and hard-hearted , maister-brethren bee it spoken , whose l care and sweate these vnderlings vndergoe ; ) that if they had both will , and time to practise these canonicall deuotions , yet they want meanes to buy , and purchase them ; yea , to procure competent , and conuenient food , and rayment , answerable to the degree , and honour , of their diuine , and heauenly function : so , that there is no probabilitie of confyning clergie-men , of any ranke or qualitie whatsoeuer , to the ancient , orderly , and deuout exercise of these canonicall howers , and deuotions . and will you then confine vs laickes , and secular persons to them , when as all ministers , and clergie-men , m whose liues , and conuersations should be more heauenly , and deuout then others , are exempted from them ? if so , what kinde of secular persons should they be ? what courtiers ? alas , they are so taken vp with sports , and pleasures , or necessary attendance : with complements , and ceremonies ; with thoughts of honour , greatnesse , and preferments ; with * flattering , and vndermining adulation , the common plague , and ruine , both of kings and kingdome : that they haue scarce space , or time to thinke of o prayer , or any part of pietie ; much lesse , to practise these howerly , and munkish deuotions , which would soone transforme a court into a monasterie . or court , and countrie ladies ? alas , their p guiddy heads are now so troubled , and fraught with new-found fashions , and antique dressings , and attires : their faces are now so long a painting , and their heads attiring euery morning , that they haue no vacant time , to thinke of these deuotions , nor yet to cast their eyes vpon them , vnlesse you could ingraue them in their looking-glasses ; their thoughts , their time , and seruice , are so deuoted to their heads , and faces , ( the onely p gods and idoles , which they now adore ; ) that there is no deuotion , care , nor thought within them , for god , or for their hearts : yea , the deuotions of most ladyes , and gentlewomen , ( whose whole imployment is but to bee idle , at least , to pranke , and dresse themselues , and to passe away their liues in dauncing , carding , chatting , gazing , and in visits , as if they had no god to serue , nor soules to saue : ) are now so sloathfull , drowsie , and bed-ridden ; that their vespers would be almost quite runne out , before they would be fitted , and attired for their morning-song ; there is therefore little hope of working these , especially , to your morning howers , and deuotions , vnlesse you could change your mattens into vespers , and your vespers into mid-night songs ; which were an irregular course . you see then , that these deuotions can neuer suite , with courtiers of either sexe , who are commonly the idlest persons of all others , and haue the least imployments : on whom then would you impose them ? on merchants , citizens ▪ and mechanickes ? alas , all these haue trades , and callings for to follow : your deuotions are incompatible with their professions : they must needes renounce the one , if they should but once deuote themselues vnto the other . on lawyers , iustices , countrey-gentlemen , and painefull husband-men , q whose worke runnes away in a maze , and circle , and neuer findes an end ? alas , these haue clients , and suites : these haue sessions , courts , and countrey affaires ; these haue haukes , and hounds , and plowes to follow , besides a thousand other quotidian , and howerly auocations ; and is there any probabilitie , of regulating , squaring , and reducing these to the slauery , and bondage , of your canonicall deuotions , and howers of prayer ? truely , there is as much hope , of making the restlesse sunne to stay its motion , or the fixed earth to mooue , and turne with in its circle : so vnsuitable , and disproportionable are these new deuotions , to all those qualities , estates , conditions , and rankes of men ; of which our church , and state consist . if then these howers of prayer are consonant , applicable , or aduantagious , to no members of our church , and state , but onely to popish hermites , anchorites , friers , munkes , and nunnes ; it is impossible for any to coniecture ( vnlesse they will condemne , and taxe our author , of grosse and palpable folly , and improuidence : ) but that the end of publishing these deuotions in such times as ours , was meerely to aduance , and further popery , and popish deuotions ; since they can bee no furtherance , or helpe to any other . but what need i seeke for proofes abroade , when as our author doeth in a manner , intimate , and confesse as much at home ? for hee informes vs in his preface : that the grounds , and motiues , that induce him to publish these deuotions , were : first , to continue , and preserue , the authoritie of the r ancient lawes , and old godly canons of the church , which were made , and set foorth for this purpose ; that men before they set themselues to pray , might know what to say : and not pray what , and how , and s when they list : secondly , to let the world vnderstand , that they who giue out , and accuse vs here in england , to haue set vp , a new church , and a new faith : to haue abandoned , t all the ancient formes of pietie , and deuotion : and to haue taken away all the religious exercises , and prayers of our forefathers , and to haue despised all the old ceremonies of christs catholique church , ( by which the obiecters , and our author , onely meane the church of rome , which the iesuites , and papists stile , and tearme ; the ancient , and catholique church of christ ; ) doe but betray their owne infirmitie , and u will not vnderstand vs , what wee are : thirdly , that they , who are x this way already religiously giuen , ( i pray marke the emphasis of the words : ) and whom y earnest le●s , and impediments doe often hinder from being partakers of the publique , might haue here a dayly , and deuout order of priuate prayer , wherein to exercise themselues ▪ and to spend some howers of the day at least : ( as the * old godly christians were wont to doe , ) in gods holy worship , and seruice , &c lastly , that those , who perhaps are coldly this way yet affected , ( that is , such as are not yet affected towards poperie : ) might by others example bee stirred vp , to the like heauenly duetie , of performing their dayly , and christian ( to wit , their popish ) deuotions : by all which reasons , and passages , ( to which i might haue added , his z discourse of the ancient , and accustomed times of prayer in generall , tending to the selfe-same purpose : ) our author doeth expressely testifie : that the end of publishing these deuotions , was but to introduce , and vsher the old religious ceremonies , canons , lawes , sacraments , prayers , canonicall howers , and deuotions , of our superstitious , and popish fore-fathers , and the church of rome , into our church ; and to aduance the catholique cause , and roman faith among vs ; to whose obedience he labours now , ( as other cassandrian moderators , haue of late , ) to reduce , and reconcile vs once againe . since therefore , you finde him guiltie of this conclusion , by his owne confession ; i will not trouble you with further proofe . i come nowe vnto my third conclusion . that the author endeauours to make queene elizabeth , of euer blessed memory , the patronesse of this his poperie , and to harbour it vnder her protection . this is most cleare and euident : first , from the title : secondly , from the preface of the booke . for the first of these ; our author entitles this booke of his , a collection of priuate deuotions : in the practise of the ancient church , called the howers of prayer : as they were after this manner , published by authoritie of queene elizabeth 1560. ( saith the first and second ; but : as they were much after this manner published by authority of queene elizabeth , 1560. saith the third impression : ) taken out of holy scriptures , the ancient fathers , and the diuine seruice of our owne church : in which hee affirmes these two things . first , that these priuate deuotions , and howers of prayer , are no new deuotions of his owne composing , but onely a reuiuall or new impression of those priuate prayers and deuotions , as were formerly published by queene elizabeth , in the yeare 1560. and so did most men take them to bee at first , till they had better sifted and examined them . secondly , that the mater of these deuotions were published by the approbation of queene elizabeth , or at leastwise warranted by her authority : therefore there can bee no popery or poysonous doctrines couched in them , and all that loue the name and memory of that blessed queene , should buy and approue them . a glorious and bewitching title or prologue i confesse , but yet a dangerous and insnaring booke . of which i may truely say , * tituli habent remedia , pyxides venena , the title is wholesome , but the booke it selfe is poyson . our author , no doubt , had learnt this lesson long agoe . a nulla aconita bibuntur , fictilibus : that poyson must alwayes be administred in golden challices , else none will quaffe , and drinke it downe : and therefore he puts a golden front and outside , ( euen the sacred diadem and authority of that vnparalell'd and renowned queene : whose royall duggs gaue life and growth , to that most orthodoxe , ancient , holy & sincere religion , which hitherto we haue , and i hope we alwayes shall enioy , in despite of all domesticke romish vipers , who harbour in our bowells , and labour for to gnaw them out in an imperceptible , smooth , and friendly manner : ) that so these poysonous pills and romish druggs , which are inuolued in the booke it selfe , b might bee more greedily , confidently , and securely swallowed downe . but yet all this vntempered dawbing hath not so skind nor cloacked , the boyles and dangerous vlcers of these romanized deuotions , but that some searching and iealous chyrurgions , c who giue no credit to glorious titles , haue at length discouered their dangerous and infectious plague-soares , which are onely vizarded and palliated , not clothed nor warmed with the sacred robes of that royall queene , whose authorized prayers haue no affinitie with these spurious and bastard deuotions , as the premises doe , and the subsequent conclusion shall at large declare . the second passage which would pinn these popish deuotions on queene elizabeths sleeue , is this which followes in the praeface : a part of which ancient pietie are these dayly deuotions and prayers that hereafter follow : prayers which after the same manner and diuision of howers , as here they are , hauing heretofore beene published among vs by high and sacred authoritie : ( for which he quotes in the margent , the horary set foorth with the queenes authoritie , 1560. and reuewed 1573. imprinted with priuiledge at london , by william seers ; ) are now also renewed , and more fully set foorth againe . which passage , doeth but backe and second , what the title page , had formerly auerred : both of them iumping in this scandalous , and vnworthy act : to make the memory , name , and royall authoritie of that neuer-dying , and religious queene , the sanctuary , and patronesse of all those seeds , and heads of popery , which are scattered , sowen , and diuulged , in these dangerous , and romish deuotions : and so to vsher in popery vnder her sacred colours and protection , who was the chiefest instrument to purge , and thrust it out . now what an audacious , impudent , odious , wicked , and treacherous villany , and plot is this , and how worthy of the sharpest , and seuerest punishment , that law , or iustice can inflict ; for an english-man , a protestant , ( at least in shew and reputation : ) yea , a minister , and pastor of our church : who if wee may beleeue the * printer , is as ready to ingage his credit , and his life , in the defence of the stablished faith , of the present church of england , and in opposition of popery , and romish superstition , as any other : to make not onely the very raigne and life ; but euen the sacred ashes , and suruiuing memory of that euer-blessed , deuout , and pious queene , ( who gaue the greatest life , increase , and vigor , to our protestant , orthodoxe , zealous , pious , and sincere religion , and deuotions : and the chiefest f●●le , ecclipse , and downefall to the church of rome : as the vote , and suffrage , b●th of our owne , and forraine nations testifie ; ) a forged patronesse , and grand protectresse of that roman faith , and popish ceremonies , which she so much oppugned , and abhorred all her life ; and the onely stampe , and royall impresse to make them passe for currant , orthodoxe , and true english coyne , in this church , and state of ours : which had long since boared , and cast them out , as counterfeite , and romish dr●sse , and mettall ? certainely , if the counterfeiting , or forging of a princes seale , or coyne be capitall : what shall the treacherous , scandalous , and pernicious forging , slandering , sophisticating , peruerting , deprauing , and ruinating of the religion , of such a royall , and religious princesse as queene elizabeth , be ? i onely doe propound the question , i leaue the full discussion , and discition of it vnto others , who are more iudicious then my selfe . i now proceed vnto my fourth conclusion ; which i shall branch out into three propositions , which will most of all vnmasque , and best discouer , our authors treachery , f●rgery , and concealed popery . first , that these deuotions , and howers of prayer , are farre different from the priuate prayers , authorized by queene elizabeth . secondly that they are not warranted by them , nor extra●ted fr●m them , nor from our common prayer booke , as our authors title , preface , and printer doe pretend . thirdly , that both the forme , and matter of them , are stolen , taken , and transcribed out of popish authors , primers , breuiaries , chatechismes , prayer-bookes , and horaries ; which the author , and the printer both denie . for the first of these ; that these deuotions , and howers of prayer , are farre different from the priuate prayers authorized by queene elizabeth ; yea , from the very first edition of them , on which our author most insists ; i shall euidence by these apparant discrepancies . first , they vary in the frontispiece : the one hath a crosse , and ( ihs . ) vpon its fore-head ▪ the other hath no such roman character , or badge at all . secondly , they differ in the title : the one is stiled ; a collection of priuate deuotions , or the howers of prayer : the other ; orarium , s●u libellus praecationum : an orary , or little booke of prayers : or , praeces priuatae in studiosorum gratiam collectae : as the second , and third , impressions of them are intituled . thirdly , they are dissonant in the language : the one is in english , the other in lataine ; and so are all the subsequent editions . fourthly , there is a variance in the persons , for whose vse and benefit they were published : the one was printed , for the vse and benefit of illiterate persons , but specially , our english roman catholiques : the other ; in studiosorum gratiam : for the benefit of schollers ▪ and such who were skilfull in the lattaine tongue ; as the title , and the printers admoniti●n ; in the second , and third editions , of the priuate prayers of queene elizabeth testifie . fifthly , their very ends are discrepant , and various ; these latter being onely published : to continue ▪ and preserue the ancient lawes , and godly c●n●ns of the church ; to exterminate all conceiued prayers ▪ which our author s●●l●s ▪ extemporall effusions of irkesome , and vndigested prayers : to abolish all priuate prayers of priuate men ▪ not first allowed and authorized by the church , framed onely by priuate spirits , and ghosts of our owne : and to confine men to a set , and constant form● , and time of prayer : to let the world vnderstand ; that our church retaines , all the ancient formes of pietie , and deuotion , yea , all the religious exercises , and prayers of our fore-fathers : all the old ceremonies , and blessed sacraments of christs catholique church : ( to wit , the church of rome : ) to tye men to a dayly practise of canonicall howers , and munkish deuotions , as the preface : and to vsher popery into our church , as my second conclusion prooues : where as the former were diuulged ▪ to helpe , and further young schollers , and students , in the ex●rcise and knowledge of the lattaine tongue : to ground them in the points of chatechisme , and to instru●t them , not so much when , or what , as how to pray : and that not onely in priuate , but in publike too : whence all the morning , and euening prayer in our common prayer booke ▪ together with our common chatechisme ▪ and the description of christs passion , is inserted in it . sixtly , they differ much in the very forme and structure , and in the substance , and subiect matter : the one begins with a 〈…〉 and so proceedes with sundry proofes , and discourses iustifying the vse ▪ and practise of canonicall howers : the canonization of romish saints : the apostolicall , and diuine institution 〈◊〉 lent , and the like : the other hath no such prefaces , nor prologues in it : nor any such popish trash as the prefaces , and the first part of these 〈◊〉 deuotions doe 〈◊〉 : these ancient prayer 〈◊〉 , begin with a k●l●nder ▪ farre different from our authors : then followes , the chatechisme in our common 〈…〉 m●rning ▪ and euening prayer , with 〈…〉 bef●re and after meate : next the generall confession , 〈…〉 in our common prayer booke : all which , these new deuotions want . then ensue morning ▪ and 〈◊〉 pray●rs ▪ the matter and forme of which , ( vnl●ss● it be one hymne onely , or the first , the third , the sixt , the ninth hower , and the compline ; which are quite left out in the second , and third editions . ) being almost the same with our common prayer booke : and farre different from maister couzens his deuotions , which vary wholy from them , both in prefaces , order , prayers , chapters , hymnes , and psalmes , but onely in the first hower ; in which they doe in part , but yet not totally accord : then follow seuen selected psalmes : ( not seuen penitentiall , to bee vsed in times of penanc● , &c. as our new author phraseth them : ) next ensue the letanie : a saint●ohn ●ohn , with sundry other deuout , and godly prayers , to the end of the booke : all which , being the better halfe of that prayer booke , and the best and vsefullest part , are wholy omitted in these new deuotions . take but away the seuen selected psalmes , the letanie , and some three psalmes more : and i dare confidently a●●rre , that these old prayers , and new deuotions , agree not so much , as in one leafe : and that there are not so much , as sixe leaues of this ancient prayer booke of queene elizabeth , contained in this new : on the other side , take the first part of these new deuotions , from the title page to the end of quatuor nouissima : which are not figured : together with the residue of the booke , from page 121. the first part : to the conclusion and period of the booke , ( in which most of our authors popery is inuolued : ) and there is scarce one word , or sentence of it in the ancient priuate prayer booke of queene elizabeth , which our author would make the world beleeue to bee the same , or almost the same , with these his new , and popish deuotions : so that they differ plainely , both in forme and matter . lastly , they are discrepant in all those points of popery , which are broached , and couched in these late deuotions , there being no prints , nor footesteps of them , in these ancient prayers : but onely in the mentioning of the first , the third , the sixt , the ninth hower ▪ and the c●mpline , which slipped into the first edition , through forgery , ●r ouersight , and were afterwards exploded in the ●ubsequent ●mpressions . therefore , these new deuotions , and h●wers of prayer , are ●arre different from the priuate prayers authorized by queene elizabeth , in all these respects ; what penalty then and censure , is our author worthy of , who by this title , and preface , would make the world beleeue , they were either altogether , or almost paralells in forme , in matter , end , and all respects ; of purpose to conceale , aduance , diffuse , and v●nt his popery : and to delude , mescate , and ins●are men with it ? for the second ; that these new deuotions are not warranted by , nor yet extra●ted from these priuate prayers of queene elizabeth , nor from our common prayer booke : it is cleare and euident by the former differences : there is not in these priuate prayers , nor in our common prayer booke any such trash , as his seuerall prologues , and prefaces , as the first part of his booke , which is not paged ; or as his prayer for the dead ; his prayer to god for the mediation of angels , and all the fore-r●cited popish passages doe containe : there is nothing in all these priuate prayers to iustifie , or approoue , either the method , forme , or matter of these new deuotions , as the premises d●e su●ficiently euid●nce : th●refore this second conclusion likewise must be granted . for the third , and maine proposition : that both the forme , and matter of these deuotions , and howers of prayer , are taken , and transcribed out of popish authors , primers , breuiaries , chatechismes , and horaries : though the author in his title page , and preface ; and the supposed printer , in his epistle to the reader , a●firme : that they were but the howers , and priuate prayers , published by the authoritie of queene elizabeth , now renewed , and more fully set out againe , as they were after this manner published heretofore . 1560. and 1573. collected , and taken out of holy scriptures , the ancient fathers , and the diuine seruice of our owne church , and compiled out of sundry warrantable bookes : whence the forme and patterne of these deuotions hath bene taken : ( to wit , from our ladies primer , the howers of our lady : the breuiary of pius quintus , and clemens the eight : and such like popish deuotions : ) i haue * already su●ficiently demonstrated : and therefore will not here examine it : i will therefore now confine my selfe to the matter , and substance of these deuotions , which i will now paralell , and sampler with those popish authors , prayer-bookes , chatechismes , horaries , and deuotions , from whence they were extracted : to passe by the crosse , and ( ihs . ) in the fore-front ; the badge , and chara●ter of the romish whore , which is stamped on the frontispiece , and couer of ●esuiticall , and popish prayer and pocket bookes : i will begin my paralell , with the title . papists . horas de neustra sennora : printed at paris , 1556. & horae beatissimae virginis mariae , secundum vsum sarū : which i haue seene , and which you shall finde cited in mr. rogers his articles , pag : 124. our ladyes primer ; and breuiarium pij quinti & clemens the 8. haue the forme , the vse , and practise of these howers , not the title . a the fasting dayes i● all the yeare . in all the church these fasting dayes are obserued . all the lent , except sunday : the ember dayes , which are the wednesday , friday , and saturday next after saint lucies day : after the first sunday in lent , after whitsonday , and after the exaltation of the holy crosse. the eues of christmas , of whitsonday , of the assumption of our lady , of all saints , of most of the apostles , saint iohn baptist , and saint laurence . besides this , it is the custome in england to fast all fridayes , ( except within the twelue dayes , and easter weeke : ) also other three eues of our lady , to wit , of the purification , the natiuitie , and conception . the annunciation eue is not fasted if it fal on easter weeke : saint marks day ( not falling in easter weeke ) and the three rogation dayes , that is , monday , tewsday , and wenesday , we abstaine from flesh at least . of the time of marriage : so * kellam ▪ or : of the time wherein matrimo●y m●y not be solem●ized : so the b councell of tre●t . and the c breui●rie o● pius 5. and clem. 8. and bellarmine . the solemnizing of marriages is forbidden from the first sunday of aduent , vntill after twelfeday : and from the beginning of lent vntill low sunday : all other dayes they may be solemnized . d the apostles creed . 1 i beleeue in god the father almighty , maker of heauen and earth . 2 and in iesus christ his onely sonne our lord. 3 who was conceiued by the holy ghost , borne of the virgine mary . 4 suffered vnder pontius pilate , was crucified , dead and buried , 5 he descended into hel ; the third day hee rose againe from the dead . 6 he ascended into heauen , & sitteth on the right hand of god the father almighty , 7 from thence hee shall come to iudge the quicke and the dead . 8 i beleeue in the holy ghost , 9 the holy catholike church , the communion of saints . 10 the forgiuenesse of sinnes . 11 the resurrection of the flesh . 12 and the life euerlasting . a the lords prayer . our father which art in heauen , 1 hallowed be thy name . 2 thy kingdome come . 3 thy will bee done on earth , as it is in heauen . 4 giue vs this day our dayly bread . 5 and for giue vs our trespasses , as wee forgiue them that trespasse against vs. 6 and lead vs not into temptation : 7 but deliuer vs from eui●● . b the two pecepts of charitie . 1 thou shalt loue the lord th● god with all thy heart , with all thy soule , and with all thy minde . 2 thou shalt loue thy neighbor as thy selfe : which is more s●●t●ble to the scripture then the other . c the precepts of the church . 1 to celebrate the appointed feast dayes of the church in abstaining from seruile workes . 2 reuerently to heare the sacred o●lice of the masse , on the holy dayes . 3 to fast the lent , the foure imber tides , and the eu●s , according to the custome of the church : and the friday , and saturday to abstaine from flesh . 4 to confesse thy sinnes to a priest allowed ; to receiue the holy eucharist , or blessed sacrament , at the least at easter , as some : or about easter , as others render it : and to doe these things at the least once in the yeere : which some of them diuide into two seuerall precepts . 5 d not to solemnize marriage on the dayes forbidden by the church : as some : or to pay tithes : as others doe record it . loe here a concordance in number , if not in matter . e the sacraments , or 7. sacraments of the holy catholique church . baptisme , confirmation , the eucharist , penance , extreame vnction , order , and matrimony . f these sacrame●ts are all great , and so euery one of them hath some peculiar greatn●sse . the greatest of all , is the most holy eucharist : yet touching the necessitie , the most necessary of all , are baptisme , and penance . compare these two together , and you shall finde but little difference . see pag. 21. g the three theologicall vertues . faith , hope , charitie . h three kindes of good workes . prayer , fasting , and almesdeeds . see pag. 22. i seuen gifts , or fruites of the holy ghost . 1 the gift of wisdome : 2 of vnderstanding . 3 of counsell : 4 of fortitude . 5 of knowledge : 6 of pietie . 7 and the feare of god ▪ or godly feare . k the twelue fruites of the holy ghost . loue , ioy , peace , patience , b●nignitie , goodn●sse , longanimitie , meeknesse , faith , modesti● , continency , ●hasti●ie l the spirituall workes of mercy . 1 to instru●t the ignorant : 2 to corre●t , ●r admonish those that sinne : 3 t● as●ist by coun●e● him that needeth it : 4 to comfort the af●●ict●d : 5 ●a●iently to suffer ini●ries : 6 to pardon offences , and iniuries receiued : 7 to pray for the liuing , and the dead , and thy persecuters . m the corporall workes of mercy . 1 to feed the hungry : 2 to giue drinke to the thirstie : 3 to harbour the stranger : 4 to clothe the naked : 5 to visit the sicke : 6 to visit prisoners , and redeeme the captiue : 7 to bury the dead . n the eight beatitudes . 1 blessed are the poore in spirit , for theirs is the kingdome of heauen . 2 blessed are they that mourne , for they shall receiue comfort . 3 blessed are the meeke , for they shall receiue the inheritance of the earth . 4 blessed are they that hunger an● thirst after righteousnesse , for they shall be satisfied . 5 bl●ssed are the mercifull , for they shall obtaine mercy . 6 blessed are the pure in heart , for they shal see god. 7 blessed are the peace makers , for they shall bee called the children of god. 8 blessed are they that suffer for righteousnesse sake , for theirs is the kingdome of heauen . o seuen deadly sins : or , the seuen capitall sinnes which are commonly called deadly . 1 pride , 2 couetousnesse 3 lechery , 4 enuie , 5 gluttonie , 6 anger , 7 sloth . p the contrary vertues . 1 humility . 2 contempt of the world . 3 chastitie . 4 charitie . 5 abstinence . 6 patience . 7 alacritie , or spirituall cheerefulnesse , or deuotion . q quatuor nouissima , or the foure last things to bee remembred . death , the last iudgement , hell , and the kingdome of heauen . mr. cozens . a collection of priuate deuotions , or the houres of prayer . printed at london , 1627. these bookes are welnigh paral●lls in the title : wee will n●xt examine how they suite in substance with these , or other popish records . the fasting dayes of the church , or dayes of speciall abstinence and deuotion . the fortie dayes of lent : the ember weekes at the 4. sea●ons : being the wenesday , fryday , and saturday after the first sunday in lent : after the feast of pentecost : after holy crosse , september 14. saint l●cies day● december 13. the three rogation dayes ; which bee the munday , tewsday , and wednesday before holy thursday , or the ascention of our lord : the eues or vigils bef●re the natiuitie of christ : the purification , and annunciation of the blessed virgine : the natiuitie of saint iohn baptist , saint matthias , saint peter , saint iames , saint bartholomew , saint mathew , saint simon and ●ude , saint andrew , saint thomas , and all saints day : it hath also beene an ancient religious custome to fast all the fridayes of the yeere , except those that f●ll within the twelue dayes of christmas . the times wherein marriages are not solemnized . from aduent sunday vntill 8. dayes after the epiphany : from septuagessima sunday vntill 8 , dayes after easter : from rogation sunday vntill trinity sunday . some of these being times of fasting , and abstinence : and others , holy festiuals and times of ioy , fit onely to bee spent in these holy exercises without other au●cations . the apostles creed diuided into 12 articles . 1 i beleeue in god the father almighty , maker of heauen and earth . 2 and in iesus christ his onely sonne our lord 3 who was conceiued by the holy ghost , borne of the virgine mary . 4 he suffered vnder pontius pilate , was crucified , dead , and buried . 5 he descended into hell : the third day hee rose againe from the dead , 6 he ascended into heauen , and sitteth on the right hand of god the father almighty , 7 from thence hee shall come to iudge the quicke and the dead . 8 i beleeue in the holy ghost , 9 the holy catholike church , the communion of saints , le●t our in the first , but added in the last impression . ) 10 the fo●giuenesse of sinnes . 11 the resurrection of the body . 12 and the life euer lasting . the lords prayer d●uided into 7. petitions . our father which art in heauen , 1 hallowed be thy name . 2 thy kingdome come . 3 thy will bee done on earth , as it is in heauen . 4 giue vs this d●y our dayly bread , 5 and forgiue vs our trespasses , as wee forgiue them that trespasse against vs. 6 and lead vs not into temptation : 7 but deliuer vs from eu●ll . the two precepts of charitie . 1 to loue god aboue all for his owne sake . 2 to loue all men as our selues , for gods sake , and to doe vnto others as we would they should doe vnto vs. the precepts of the church . 1 to obserue the festiualls , and holy dayes ▪ appointed . 2 to keepe the fasting dayes with deuotion , and abstinence . 3 to obserue the ecclesiasticall customes , and ceremonies established , and that without frowardnesse , or contradiction . 4 to repaire to the publike seruice of the church , for mattens , and euening song , with other holy offices at times appointed , vnlesse there be a iust , and vnfeined cause to the contrary . 5 to receiue the blessed sacrament , of the blessed body and blood of christ , with frequent deuotion , and three times of the yeere at least , whereof easter to bee alwayes one , and for better preparing thereunto as occasion is to disburthen , and quit our consciences of these sins that may grieue vs , or scruples that may trouble vs to a learned , and discre●te ●riest , and from him to receiue aduice , and the benefit of absolution . the sacraments of the church . the principall , and truely so called , ( as generally necessary to saluation , ) are baptisme , and the lords supper . the other fiue , that is to say ; confirmation , penitence , order , matrimony , and visitation of the sicke , or extreme vnction , though they bee some times called , and haue the name of sacraments : yet they haue not the like nature , that the two principall , and true sacraments haue . the three theologicall vertues . faith , hope , charitie . three kindes of good workes . fasting , prayer , and almesdeedes . seuen gifts of the holy ghost . 1 the spirit of wisedome : 2 and vnderstanding . 3 the spirit of councell : 4 and ghostly strength . 5 the spirit of knowledge : 6 and pietie . 7 the spirit of a holy , and godly feare . the twelue fruites of the holy ghost . loue , ioy , peace , patience , mercy , goodnesse , ●on● suffering , meekenesse , faith ▪ shamefastnesse , modes●●e , s●brie●ie . the spirituall workes of mercy . 1 to instruct the ignorant : 2 to correct offenders : 3 to counsell the doubtfull : 4 to comfort the a●flicted : 5 to suffer-iniuries with patience : 6 to forg●ue offences , and wrongs : 7 to pray for others . the corporall workes of mercy . 1 to feed the hungry , and to giue drinke to the thirstie : 2 to clothe the naked : 3 to harbour the stranger ▪ and needy : 4 to visit the sicke : 5 to minister to prisoners , and captiues : 6 to bury the dead . the eight beatitudes . 1 blessed are the poore in spirit , for t●eirs is the kingdome of heauen . 2 blessed are th●● that mourne , for they shall receiue comfort . 3 blessed are the meeke , for they shall receiue the inherita●ce of the earth . 4 blessed are they that h●nger and thirst after righteousnesse , for they shall bee satisfied . 5 blessed are the mercifull , for they shall obtaine mercy . 6 blessed are the pure in heart , for they shall see god. 7 blessed are the peace m●kers , for they shall be called the children of god. 8 blessed are they that suffer for righteousnesse sake , for theirs is the kingdome of heauen . seuen deadly sinnes , as the first : or seuen deadly sins , as they are commonly so called : as the last impressions renders it . 1 pride , 2 couetousnesse , 3 luxury , 4 enuie , 5 gluttonie , 6 anger , 7 sloth . the contrary virtues . 1 humility . 2 liberalitie . 3 chastitie . 4 gentlenesse 5 temperance . 6 patie●ce . 7 deuout , and earn●st seruing of god. quatuor nouissima : or the foure last things that befall any man. death , iudgement , hell , or heauen . loe thus farre you haue an exact , and perfect paralell of our authors writings with the papists , which suite and claspe like twinnes , who deriue their birth , and pedigree from the selfe-same wombe . i confesse , that the matter of them : especially , of the creed , the lords prayer , and the eight beatitudes are contained in the scriptures , and in our common prayer booke : but take both forme and matter together , and those other particulars which are here paraleld , and you shall neuer finde them but in popish writers : sure i am , you shall neuer meete with these , or any of them , in the priuate prayers , printed by queene elizabeths authoritie , nor in our common prayer booke , in that manner , forme , and method , as they are here registred by our author : the remainder of whose workes , i come now to paralel . not to spend time or paper to paralell , and sampler his seuerall aduertisements , prefaces , and discourses : concerning mattens , the diuisions , vse , antiquitie , and practise of canonicall howers , or prayer : as the first , the third , the sixt , the ninth hower ; the morning , euening , or compline , or the like : which were stolen , and transcribed verbatim out of r bellarmine , s azorius , and the t rhemish testament , who produce the selfe-same scriptures , fathers , authorities , and quotations , for the authoritie , diuision , iustification , and practise of canonicall howers : as any iudicious reader , who will but take the pain●s for to compare them , may at first discerne . i shall onely pitch vpon these ensuing passages : which if they are not popish in themselues , yet they are wholy transcribed out of popish authors . mr. couzens . at our vprising . pag. 14. in the name of the father , and of the sonne , and of the holy ghost . amen . blessed bee the holy , and vndiuided trinitie , now and for euermore . at our going abroad . pag. 16. shew me thy wayes , o lord , and teach me thy pathes . at our entrance into the church . pag , 17 , and part . 2. as for mee i will goe into thy house , o lord , in the multitude of thy mercies , and in thy feare will i worship thee in thy h●ly temple . preparatorie prayers to all the howers that follow . page . 40. god be in my head and vnderstanding : god bee in my eyes and in my seeing : god be in my mouth and in my speaking : god be in my heart and in my thinking : god be at my end and my departing , amen . veni creator , &c. pag. 91. are paralells . the benediction . pag. 174. god the father blesse me , god the sonne defend mee , god the holy ghost pre●erue m● now and foreuer , amen . when we enter into our bed. pag. 176. in the name of our lord iesus christ , who was cruci●i●d vp●● the crosse , and layd vp●n his graue f●r mee ) i lay 〈◊〉 downe to rest● hee blesse me . k●●pe me , and saue me , rai●e me vp againe , and bring me at last to life eternall . amen . papists . u when thou risest in the morning , say : in the name of the father , and of the sonne , and of the holy ghost , amen . blessed be the holy , and vndiuided trinitie , now and euer , &c. x in going foorth of thy house ▪ say : shew mee thy wayes , o lord , and teach mee thy pathes . y entring into the church . o lord , in the multitude of thy mercies , i will enter into thy house , i will adore at thy holy temple , and will confesse vnto thy name . z a blessing to bee vsed at the beginning of prayer . god bee in my head and in my being : god bee in my minde and vnderstanding : god be in mine eyes and in my seeing : god bee in my mouth and in my speaking : god bee in my heart and in my thinking , amen . a ven● creator , &c. * the conclusion . god the father blesse me , iesus christ defend me , and the vertue of the of the holy ghost illuminate and sanctifie me , this night and euermore , amen . a prayer as thou entrest into thy bed . in the name the the lord iesu christ , that was crucified for me , i goe into my be● : let him b●●sse me , gouerne me , and defend me , and bring me into life euerlasting , amen . i will not compare , nor paralell our authors b aduerti●ements concerning lent , and septuagesima sunday , where he a●firmes , the lent fast , to be a diuine , and apostolicall institution : which is transcribed out of popish authors : because i haue mentioned , and compared them with these authors heretofore : i will therefore passe to his pra●ers , before the receiuing of the sacrament . papists . c when thou doest bow thy selfe before the altar thou shalt say these verses : all the e●rth doeth worship thee o lord , &c. d command , that the prayers , and sacrifice which wee now offer vp vnto thee , may bee brought vp into thy presence by the ministrie of thy holy angel : which may haue a better construction , then our authors . e receiuing , say with the priest , thrice . lord i am not worthy thou shouldest enter into my house , but onely speake the word , and my soule shall be healed . mr. couzens . when wee are prostrate before the altar : part . 2. pag. 4. thou art worthy o lord , &c. which is meerely popish , both for phrase , for time , and place . commaund , that the prayers and suppli●ations , together with the remembrance of christs passion , which wee now offer vp vnto thee , may by the ministrie of thy holy angels , bee brought vp into thy heauenly tabernacle : pag. 10. at the receiuing of the body . pag. 12. lord i am not worthy that thou shouldest come vnder my ●●fe● but speake the word onely , and my soule shall be healed , : adding with the priest. &c. that which our author prefaceth concerning ember weekes . page 55.56 . ( to omit his laudes taken out of our ladies primer , ) is for the most part transcribed out of kellams manuall , presantly after his kalender : where he describes , the vse , and reason of these ember weekes : the paralelling of which ; together with his prayer for the dead , ( which i haue already touched vpon ; ) i purposely omit , for feare of being two prolixe ; since i haue here , as i suppose , su●ficiently euidenced , the trueth of this assertion , by the premises and present paralell , which i meane not now to enlarge . ( that both the forme , and matter of these deuotions , are transcribed , and extracted out of popish authors , primers , chatechismes , and prayer bookes : ) not out of the prayer booke of queene elizabeth , or our common prayer booke , in which there are no such passages to be found . now the reasons which induce mee more strongly to susp●●t , that our author borrowed both the forme , and matter of these deuotions from popish authors , as the present paralel doth abundantly testifie ; are chiefely two : first , because the author hath for sundry yeeres together , monopolized , and bought vp for his owne priuate vse , ( as i am crediblely informed , ) all sorts of popish primers , prayer bookes , chatechismes , breuiaries , and pamphlets whatsoeuer , ( of which he hath great store : ) and yet hee is alwayes inquisitiue after more . secondly , because hee hath caused sundry of his popish prayer bookes , primers , and breuiaries , to bee bound vp in a very curious , and costly manner , with guilded leaues , and couers , stamped sometimes with a cr●sse , or crucifixe , other times with our ladies picture , and iesus ●●her armes : all after the popish forme ; as his owne booke-binders haue certified mee : which doubtl●sse hee would neuer doe , did hee not admi●e , affect , and prise these bookes , and pamplets in his heart ; and likewise , make some vse of them , both in his priuate practise , and deuotions , and his publike writings , as hee here hath done . but passing by the fourth , i come now vnto my fift conclusion : that there are diuers popish falsities , absurdities , and abuses of scripture in these new deuotions : not to trouble you with many , i will onely single out some three or foure : as first , his seuen deadly sinnes : to wit , pride , couetousnesse , luxury , enuie , gluttonie , anger , sloth : for which hee quotes , as the papists out of which hee did transcribe them doe : galat. 5. in the margent . now if you looke into galat. 5.19 , 20 , 21. the text which hee quotes ; you shall finde not seuen , but seuenteene deadly sinnes , particularly expressed : to wit ; adultery , fornication , vncleanenesse , lasciuiousnesse , idolatrie , witchcraft , hatred , variance , emulation , wrath , strife , sedition , heresies , enuying , murthers , drunkennesse , reuilings , and such like , besides : so that our author hath committed a treble absurditie , and abuse of scripture in this one particular : first , in mentioning onely seuen deadly sinnes , when as the text doeth speake of seuenteene , whereby he pares , and clips the scripture : secondly , in producing this text , to warrant these seuen deadly sinnes ; when as sixe of the seuen , to wit , pride , couetousnesse , luxurie , gluttonie , anger , and sloth , are not so much as mentioned here : whereby hee sophisticates , and peruerts the scripture : thirdly , in mustering vp these inferiour sinnes , as the most capitall , and greatest sinnes of all others ; not mentioning , idolatrie , heresie , adultery , witchcraft , vncleanenesse , sedition , and drunkennesse ; to which i might adde , atheisine , infidelitie , contempt of the gospel , blasphemy , sacriledge , the profanation of the sacraments , oppre●sion , f iniustice ▪ in courts of iustice ; murther , periury , bribery , ecclesiasticall , and temporall g simonie ▪ ( the onely step , and doore , to honour and pr●●erment , both in church , and state , in this our h golden age : ) farre greater sinnes then any of the former seuen ; which is but a meere extenuation , and slighting of these greater sinnes . but our author cannot bee content with this , vnlesse hee likewise wilfully incurre another popish absurditie , which he grounds vpon the selfe-same chapter . for recording , the twelue fruites of the holy ghost : to wit , loue , ioy , peace , patience , mercy , goodnesse , long-suffering , meekenesse , faith , modestie , shamefastnesse , sobri●tie : ( which he tooke from popish authors , ) hee quotes in the m●rg●nt , galat. 5. for proofe of this arithmeticall computation : which as it failed by substraction in the enumeration of sinnes : so it offends in addition here : for saint paul ▪ galat. 5.22 , 23. enumerates but nine fruites of the spirit : loue , ioy , peace , long-suffering , gentlenesse , goodnesse , faith , meekenesse , temperance : against which there is no law : whereas patience , mercy , modestie , shamefastnesse , and sobrietie : fiue of our authors tw●lue fruites , are not so m●ch as named by the apostle : and gentlenesse , temperance , two of the apost●es nine , are not recorded in our authors catalogue : which is a grosse abuse , a wreathing , and peruerting of the scriptures . as our authors arithmetique hath fa●led him in the fruites , because hee cast vp his reckoning with popish counters : so it hath likewise cheated him , in the gifts of the holy ghost , which he makes seuen . 1 the spirit of wisedome , 2 and vnderstanding . 3 the spirit of councell , 4 and ghostly strength . 5 the spirit of knowledge , 6 and pietie . 7 the spirit of a holy and godly feare : for which hee quotes esay . 11. now esay 11.2 . makes mention but of sixe , or rather three attributes , or operations ; not gifts , of the spirit . the spirit of the lord , ( saith he speaking of christ iesus , ) shall rest vpon him : the spirit of wisedome ▪ and vnderstanding : the spirit of councell , and might ▪ the spirit of knowledge ▪ and of the feare of the lord : loe here you haue mention onely of sixe , or rather three operations , effects , or attributes , not gifts of gods spirit : for the spirit of wisedome , vnderstanding , councell , and knowledge , are sinonimaes , and vary more in phrase then substance : so that in trueth here are but three distinct gifts , or operations of the spirit : at least , there are but sixe , and of these , the spirit of pietie , ( which the papists and our author annex vnto the rest ) is none . so that this scripture is plainely abused by our author , not onely in stiling these , the gifts , ( which are rather the attributes , and operations , then the gifts ) of the spirit : but likewise in adding one vnto their number . indeed , if our author were as well studied in the scriptures , as in popish authors , hee might haue found saint paul enumerating , not seuen ; but nine gifts of the spirit : * for to one ( saith he , ) is giuen by the spirit the word of wisedome ▪ to another the word of knowledge by the same spirit . to another faith by the same spirit , to another the gift of healing by the same spirit : to another the working of miracles ▪ to another prophesie ▪ to another discerning of spirits , to another diuers ki●des of tongues ▪ ( an i eminent , and frequent gift of the holy ghost , which our author mentions not : ) to another the interpretation of tongues : loe here nine seuerall giftes of the spirit ▪ mustred vp by the apostle , in three files , or verses of one chapter : how popish , absurd , and do●ing then is this our author , who giuing more credit vnto papists ▪ then saint paul , would reduce them onely vnto seuen : and so ecclipse the grace , and bounty of the holy ghost , which is so diuerse in his gifts , and heauenly operations , for the good and welfare of the church ? to these i may adde our authors eight beatitudes , ( transcribed out of the popish pamphlets , as all the other were , as i haue prooued in my former paralell , ) for which hee quotes matth. 5. as the papists doe : now there are not eight , but nine beatitudes , pronounced by our sauiour in that chapter : the last of which : to wit , k blessed are ye , when men shall reuile you , and persecute you , and shall say all manner of euill against you falsely for my sake , &c. our author and the papists both omit : and so dismember , and abuse the holy scripture , l to which no man can adde , nor take away , without apparant losse and hazard of his soule : i will end , and shut vp this conclusion ; with the visitation of the sicke : which our author makes one of his seuen sacraments ; an absurditie , solecisme , and noualtie , which i neuer heard , nor red of yet , in any protestant , or popish author . but though this visitation of the sicke be not a sacrament , as our author dreames , ( perchance , because hee found it in the common prayer booke : ) yet i am sure it is m a necessary duety which g●d , and christ , yea , and our n owne church , and o canons , impose vpon all ministers : how then shall those nonresidents , and pluralitie men excuse themselues , either to god , or man , ( especially , in that great , and terrible day of iudgement , when christ the p maister , good , and carefull shepheard of the sheepe , who q is alwayes resident with his flocke , and hath r parted with his blood , and life , to purchase , heale , and saue their soules ; shall summon them , to s giue an account of all the soules , which they haue lost , or slaine though carelesnesse , or sloth : and to exact , their blood at their hands : ) who are so farre from visiting the sicke , and diseased bodies of their forelorne sheepe : that they quite neglect their dead , and sickly soules ; which fester , rot , and pine away ; yea , die , and that for euer , in their sinnes , and trespasses : for want of spirituall phisicke , and cordialls to recouer them ? o the hard-heartednesse , of these woluish , t murthering , and soule-deuouring pastors . who thus neglect , nay , starue , and butcher the very u dearest deare , and loue of christ , his chosen , and beloued flocke ; which hee hath purchased with his dearest blood ? had they any of christs loue , or bowels : of christs pittie , and conpassion : nay , any sparke of grace , or nature in them , they would not , they could not ; nay , they durst not so much vnderualue christs bosome friends , * his lambes , his loue , his blood , his spouse , and dearest members , as out of couetousnesse , sloth , sensualitie , pride , vnskilfulnesse , or negligence , to put them ouer vnto * hirelings , which god himselfe condemnes , as if themselues were either to great , or good for to attend them . alas , the meanest soules , cost christ as much , x and so they are , as deare vnto him , ) as the greatest monarches ; they cost the very sonne of god , his best , and dearest blood : and dare you then aduance your selues so farre aboue christ iesus , whose vnderlings , and seruants you professe your selues : as not to deeme those worthy of your sweate , your paines , and y greatest care , for whom christ iesus died ? as to preferre your case , your z pleasures , your bellies , skinnes , and backes : your honours , profits , and preferments : nay , your very a asses , swine , and beasts ; before the wealth , and safetie of your flockes : whose rich , and peerelesse soules , are more of price and value , then tenne thousand worlds ? as to withdraw , absent , and alienate your selues so from them , as to become meere strangers to them , & scarse to visit them once a quarter , nay once a yere , vnles your tithes and priuate gaines induce you to it ; though a god himselfe , and b 30. seuerall councels , enioyne both bishops themselues , and al inferior pastors , vnto a fixed , constant , and laborious residence : condemning al nonresidency vnder paine of deposition ? as to assigne them ouer to some carelesse hireling , ( as if that personall duty , worke , and seruice , which god himselfe hath layd on ministers , might be transferred ouer at their pleasures , and bee discharged by a proxie , without any wrong to god , or to their flockes : ) whiles you your selues are feasting and wallowing in your ease and pleasures , in some peeres or prelates palace : or at some cathedrall church , or colledge , like so many epicures , or tonne-growne abbylubbers , as pierce the plowman phraseth them : or i●tting vp and downe at court , in pauls , or london streets , in plush , in sattins , veluets , silkes , and cocked beauers , which affront the heauens : carrying whole steeples on your backes at once ; as c if you were some knights , or petty lords ; or the onely proude and swaggering gallants that the court or kingdome yeeld : as d if you were the very bride himselfe , or lucifers proud priests and prelates , as old chaucer stiles them : and not the meeke , and lowly ministers of iesus christ : ( who are bound by sundry e councels , ( though they are the greatest and the richest prelates ) to cloath and furnish themselues with modest , humble , meane , and cheape array , and housholdstuffe : to testi●ie the lowlinesse and meekenes of their gracious hearts , and giue example vnto others : abandoning all veluets , silkes , and sattins , and such exoticke , costly , proud , pontificall , and heart-swelling array , which christ and his apostles neuer vsed ; as f the badges of their pride , and blemish of their function : ) without any thought or care at all of your forelorne and forsaken flockes ? well , let me tell you thus much from my heart , ( and the lord of heauen fix it on , and blesse to your soules : ) that as your g nonresidencie and carelesnesse in feeding of your flockes , depriues you of the very name and function of pastors in gods sight , h and so you haue no right nor title to the fleece , in gods account ; because you attend not on the flocke : so there is a day of iudgement and an audit comming , wherein christ iesus , the carefull master-shepheard of your pasture-sheepe , shall call you to a strikt account for all the sheepe and lambs of which you vndertooke the charge ; requiring all their bloud at your hands ; and then what plea , apologie , reply , or answere can you make to mittigate or salue this bloudy and soule-slaying sinne ? what will the statutes , or canons of our church , which tollerate pluralities , and nonresidence in some certaine cases ▪ will a facultie , a totquot● or any such * dissipating dispensations : be any estople , or plea in barre to iesus christ ? no , no : he hath certified you by that written word of his , by which you shall be iudged at the last : that there is an i woe to euery idle shepheard that forsaketh the flock : the sword shall be vpon his arme , and vpon his right eye : his arme shall be cleane dried vp , and his right eye shall be vtterly darkened : and k that he will require the bloud of all his flocke at your hands : which no humane lawes nor dispensations can controule . wherefore you must needss incurre that euerlasting doome and sentence , which christ himselfe records for your instruction , yea your terror and damnation if you mend not speedily . l depart from me yee cursed into euerlasting fire , prepared for the deuill and his angels : for i was an hungred , and you gaue me no meate : i was thirstie , and you gaue me no drinke : i was a stranger , and you tooke me not in ; naked , and you cloathed me not ; sicke , and in pri●on , and you visited me not . verily . i say vnto , you i●asmuch as you did it not to one of the least of these , ( how much more then , when you did it not to that great and numerous flocke , which i my selfe committed to your charge ; m whose fleece you alwayes share , whose milke you drunke , and tithes you gathered , and exacted to the vtmost farthing , and yet made no conscience for to keepe , to guide , to teach , instruct , or feede them both by life and conuersation : ) you did it not to mee ; and therefore goe away you must , you shall , and that deseruedly , into euerlasting punishment . if therefore , you would not haue iesus christ to visit you thus hereafter , be sure now to visit , teach , n bind vp , and cure , your destitute , sickely , starued , and forlorne flockes ; and to reside , and dwell so frequently , and constantly among them , as o to know , and call them all by name , as christ iesus doeth : because though it be no sacrament , yet it is your duetie thus to teach , to visit , and reside among them . but lest some should taxe , and censure me , as being a nonresident from my intended matter ; i will now returne , and p●sse vnto my sixt conclusion : that there are some prophane , and dangerous passages inuolued in these n●w d●uotions . as first , they scoffe at all conc●iued , or set formes of prayers , that are either made , or vsed by pri●ate christians : which p they stile : extemporary effusions of irkesome , and indigested prayers , which they vse to make , that herein are subiect to no good order , or forme of words , but pray both what , and how , and when they will : abrupt , or rude dictates , which are framed by priuate spirits , and ghosts of our owne , in which wee lose our ●elues with confusion on a suddaine . a most prophane , and scurri●ous passage ; as if god did not giue the q spirit of pray●r , and supplication to all his children , whereby they are inabled to power out their hearts , and soules be●ore him vpon all occasions , as their necessities , and needes require , without the helpe of any prayer bookes , which cannot bee alwayes ready at hand , nor alwayes fitted for their sundry wants , temptations , and occasions , which are not knowne to themselues before hand . secondly , hee stiles the opposing o● these pointes of popery , and arminianisme , which are now in c●ntr●uersie among vs , nothing ●l●e . but the curious disquisition of many vnnecessary questions ▪ ( as if the freedome of gods free grace , and the trueth , and puritie of religion , were a matter of no such consequence : ) being nothing else , but either the new seeds , or the old fruites of m●lice : and by consequence : the enemies of godlinesse , and the abatement of that true deuotion , wherewith god is more delighted and a good soule more inf●amed , and comforted , then with all the busie subtilties of the world : a prophane and dangerous passage : which makes the freedome , trueth , and perpetuitie of grace , ( wherein the very life , and power of christianitie , and the roote , and marrow of all true christian ioy consist : ) together with the controuersies of originall corruption , of mans free will , and the li●e : meere curious disquisitions , vnnecessary questions , and busie subtilties : ( when as the very pith , and essence of religion is inuolued in them : ) which extenuates , and slights the controuersies of popery , and arminimisme , as not worth the heeding ; that so they might through our securitie , more * smoothly , speedily , and imperceptibly 〈◊〉 ▪ and i●corporate themselues into our church , without resistance , whiles they are thus slighted , despised , and neglected by vs , as meere toyes , and trifles . which stiles the resistance , and oppo●ition of the●e popish , and arminian doctrines : the new seeds , or the old fruites of malice , the enemie of all godlinesse , and all true deuotion . but if the defenc● , and patron●ge of religion , and the established doctrines of the church : bee but the seeds , or fruites of mallice ; not of zeale , and loue to god , or christian pietie , as in trueth they are : what must the opposition of a● grace , and goodnesse ; what the protection , and propagation of popery , and false doctrine be ? if this be but the enemie of all godlinesse , and true deuotion , which is the onely prop , and pillar to support them : ( for if the trueth of our religion once decay , and popery ▪ or arminianisme ouer-spred vs , as they will doe , if they want opponents ; farre well all godlinesse , and true deuotion , yea , church , and kingdome too : ) what is the persecuting of godlinesse , and godly men ? what is the suppression of the trueth , and doctrine of our church , and the publishing of popish doctrines , and deuotions , in which our author hath had his hands , and thumbes ? well , this passage , doeth su●ficiently euidence : how our author stands affe●ted to our religion ; euen so , as that hee slights those great , and weighty differences , which are betweene papists , and arminians , and our church ; as if they were not worth the naming : and that he honours popery , and arminianisme in his heart , since he brands the very oppugning of them , as the fruites , or seedes of malice : as the enemie of godlinesse ▪ and abatement of all true deuotion : ( as if there were no deuotion in withstanding error , and protecting trueth : ) good god , in what a miserable condition were our poore distressed church , and how happy were arminians , and the church of rome ; had she now no other aduocates , nor no stouter champions then our author , to iustifie , and maintaine her cause ? but i passe from this , vnto a third prophannesse . that a man may safely sweare , in serious matters , though he bee not lawfully called to it , so as he periure not himselfe : which apologie , the ordinary swearers make , who hope they may ●awfully sweare a trueth without offence . this i colle●t from his exposition of the thi●● commandement . offenders against the third commandement , ( saith he ) are : they that vse vaine , or customary swearing : they which in matters serious sweare fasely ; and periure themselues : without any such addition : thos● that sweare ordinarily in serious matters , not being lawfully ca●●ed to it by a magistrate , though they sweare a true th : which doeth necessarily inferr● the former colle●tion . fourthly , he scoffes and ieeres , yea consures and condemnes all such , as spend the lords day in hearing , or meditating of sermons , or make a conscience of obseruing it , which he stiles a iudaizing obseruation : in these words : 6. * offenders against the fourth commandement are they , that vnder a pretence of seruing god more strictly then others , ( especially for hearing and meditating of sermons ) i pray obserue the parenthesis well : doe by their fasts , and certaine iudaizing obseruations , condemne the ioyfull festiuitie of this high and holy day : which the church allowes , aswell for the necessary recreation of the body in due time , as for spirituall exercises of the soule . a in which passage : you haue first a vilification , censure , and apparant branding of all such pious christians , for sabath-breakers : who haue most care and conscience for to sanctifie and spend it in the hearing , and meditating of gods word : a doctrine neuer heard of in the church before . secondly , a lash and ierke at all such holy and religious persons , ( and in them at the very hearing and meditating of sermons , ) who are most diligent and forward to heare and meditate on gods word : especially , on that holy day which was principally sanctified for these very exercises , and those others which attend it . but no wonder is it , if such finde fault with too much hearing , who are loath to trouble themselues with ouer much , or more then quarterly or monthly preaching : and then forsooth , reading , not their texts alone , but euen th●ir sermons , and their prayers too : ( for which they oft t●mes pray in ay●e of others : ) for ●eare of taking to m●ch paines , or tr●ub●●ng th●●r heads with heau●n●y notions , which are b full fraught with worldly cares , with secu●ar and c a●piring thoughts and proiects , or some politicall and state-affa●res : sure i am , that d christ him●elfe , and his apostles did alwayes pray and preach with-out-booke : yea , it is expr●ssely said of christ : e that when hee had read his text , hee closed his booke , and gaue it againe vnto the minister ; and then he opened his mouth , and spak● , not red , vnto the people : from whence then flowes this new inuented reading practise ? certainely from slothfull , and rare-preaching ministers of superiour ranke , ( who haue most time to ●on their sermons , and their prayers , because they pray , and preach so seldome ; and therefore haue least cause to vse it : ) who to grati●ie their owne lasie dispositions : ( when as the very high●st calling in the ministrie , f is not an ease , an honour , or domineering lordship , as most men make it , but a worke ; which should not lessen , but augement their labours : ) to iustifie that receiued conceit : that the very reading of the word is preaching ; ( and so by it to pull downe , or diminish preaching at the last : ) and to coole the zeale , and forwardnesse of those conscionable , faithfull , and laborious ministers , ( who preach with zeale , with power , and affection , and vent their hearts , together with their words : ) by their cold and lasie example ; haue laboured to promote this practise , and bring it into fashion , especially , at the court : from whence it should descend , cum priuilegio , to all inferiour places , and so eate out all powerfull , heart-warming , and soule-searching preaching at the last : yea , and all diligent , and conscionable hearing too : for who would deeme that worthy hearing , which the minister thinkes not worth remembring ? who would lay vp that as treasure in his heart , which the preacher , ( or the r●ader rather , ) had neuer in his head , nor h●art , but onely in booke ? or who can thinke that hee either prayes , or preacheth , from the very abundance of his heart , and the feruencie , and strength of his affections ; who prayes , or speakes , but onely from his coppie , and that p●rchance some others , not his owne ? yea , how can any such ministers exhort the people to remember what they heare ; when as themselues commit not that to memory , which they preach ? or how can the people euer thinke , that those ministers will ta●e paines to practise what they teach in their liues ; when as they labour not so much as to imprint it in their mindes ? or that they duely instruct their families , or pray dayly with them in priuate , as they ought : who cannot pray , nor preach by heart in publike ? this very vse , and practise therefore , as it is a meanes to bring the ministrie into contempt , and scorne , so likewise it is the ready way to ouerturne , all conscionable , profitable , and frequent hearing , preaching , yea , and practise too : since las●e preachers make but drowsie hearers , and key-cold , slow , and slothfull practisers . no meruile then , if our author , and those reading-preachers ; condemne the hearing , and meditating of sermons , as a sabbath-breach , and iud●izing obseruation : ( a most prophane , blasphemous , and vngodly doctrine : ) who labour thus , to eate out all conscionable diligent , and painefull preaching : but of this enough . thirdly , you haue here an opening of a gappe to sports , pastimes , and all licenciousnesse , and prophanenesse , on the lords day , which by our authors doctrine , oft rather to bee spent in pleasures , sports , festiuitie , and corporall recreations , then in the hearing , and meditating of gods word : for he condemnes this latter , as a sabb●th-breach , but allowes the first , as a worke , and exercise that fits the day : a doctrine which would quickly , ea●e out all religion , an● vsher in all prophane●esse , and wickednesse whatsoeuer : and therefore had need to be suppressed in due time . well , let our author pretend deuotion , and the aduancement of it , whiles he will : yet this one clause , and passage , if there were no other ; were * sufficient to bewray his pestilent , dangerous , and popish designes : and to proclaime vnto the world ; that hee endeauours nothing more , * but to root out all true protestant pi●tie , and deuotion● and to bring in all prophannesse , vnder the very name● and vizard of deuotion , which his booke● and title seeme to praise and magnifie . to these prophane and dangerous passages , our author ioynes some manifest and apparent contradictions in the seuenth place : which i will but lightly touch : in his title page , he informes vs in the first and second impressions : that these his priuate deuotions and howres of prayer , were after this manner published by authoritie of queene elizabeth 1560. his third edition sayth , that these were not published after , but much after this manner : in his preface , he condemnes all prayers whatsoeuer , that are made by priuate spirits , or ghosts of our owne : yea the very prayers of priuate ministers that are not authorized by the church : how then can he iustifie these priuate deuotions of his owne , composed by his priuate , ( and no publike ) ghost or spirit , vnlesse it were the catholike and publike spirit of the church of rome ? againe , hee certifieth vs : that all deacons aud ministers , ( and much more laicks then , ) are enioyned by the preface to our common prayer booke , to a set and constant forme of prayer : viz. to say the morning and euening deuotions of our church , for their dayly and priuate prayers : what neede or vse then of these priuate deuotions , if our church confine mens priuate and daily prayers , to her owne publike morning and euening deuotions ? certainly they are altogether needlesse and superfluous , vnlesse it be to ouerturne and thwart this edict and iniunction of our church , and to withdraw from vs the vse & practise of our publike lyturgie and common prayer booke . yea , but he informes vs , that his third reason of publishing these deuotions was : that they who by reason of their earnest letts and impediments were hindred from the publike , might haue here a dayly and deuoute order of priuate prayer wherein to exercise themselues , and to spend ●ome howers of the day at least in gods holy worship , and seruice : but questionlesse those who can finde no leasure for the publike , will hardly find whole vacant howres , euery day at least , for these his priuate deuotions : his praeface therefore is but a meere rebutter and counterplee to his booke , and a contradiction to it selfe . our author informes vs in anothe● place : that marriage is a sacrament : yet he sticks not to record it : that there are times and seasons of the yeare when marriages are not to be solemnized , because they are times of holy festiuitie and ioy , which are fit onely for such holy exercises , without other auocations . marriage is a sacrament , therefore not fit for holy times : therefore no such holy exercise : it is a ioyfull and festiuall ordinance , and alwaies hath bene so reputed : therefo●e vnseasonable for festiuall and ioyfull seasons : this is our authors learned argument which needs no other respondent but it selfe : but if marriages ( as our author reasons ) be incongruous and vnlawfull at festiuall , ioyfull , and holy seasons : then by consequence they are vnsutable , and vnlawfull at any season . at times of solemne fasting and abstinence . ; so himselfe doth reason in the selfesame place : because it is a festiuall , pleasurable , and ioyfull ordinance of god : at ordinary , common , and vnholy seasons , because it is a sacrament , ( as he sti●es it ) or an holy ordinance : and so incongruous & vnseemely at such vulgar times : and so altogether vnlawfull at any season : and then no sacrament : or if a sacrament , then lawfull at any season whatsoeuer , which nullifies these non-li●et times of marriage , which are no other , then the very deuils● as * saint paul affirmes . a manifold , and notable contradiction : and yet behold , another as worthy note as this : offenders ( saith hee ) against the fourth commandement ; are , they that spend this holy festiuall away in idle , and vaine sports , that eate , and drinke , and discourse , and sleepe it way : and yet presently , in his sixt diuision , he informes vs : that the church allowes the ioyfull festiuit●e of this high and holy day , as well for the necessary recreations of the body in due time , as for spirituall exercises of the soule : and that they are sabath-breakers , who vnder pretence of seruing god more strictly then others ( especially , for hearing , and meditating of sermons , ) do by their fasts ▪ and certaine iud●izing obseruations , condemne the high , and ioyfull festiuitie of this holy day : a pregnant , and diametrall contradiction . again , he informes vs : that it is the fourth precept of the church , to repaire vnto the publike seruice of the church , for mattens , and euening song , and other holy * offices at times appointed : and yet hee hath published these priuate deuotions , and howers of prayer , of purpose to detaine vs from them : for he that shall diligently , and constantly obserue the one in publike , cannot possiblie discharge the other in priuate , in his daily practise ; especially , if hee vse our morning , and euening deuotions at home in priuate , as our author , and our common prayer booke , d●e both inioyne him . againe , he enumerates , the visitation of the sicke , among the seuen sacraments : and yet afterwards hee rankes it , among the corporall workes of mercy . if a corporall work of mercy only ; how then a sacrament ? if a sacrament : then no corporall worke of mercy : i wil conclude with that , in his prayer for the dead ; where our author in his second edition , thinking to * auoid this rocke , of praying for the dead , by obliterating the word , them ; and transposing , with this prayer : in this manner : and these to be repeated with the prayers following , vntill the soule bee departed : doeth split himselfe vpon the selfesame rocke againe , at least , vpon the rocke of contradiction : praying , for the party departing , being yet aliue : * that he may receiue his dead body , which must be buried in the earth , to be ioyned with his soule , &c. if the body bee dead , and ready to bee buried ; how is the man aliue ? if the man be dead , as well as the body , as hee must be , or else the body is not dead : how is this then no prayer for the dead ? a prayer for a dead body , must be a prayer for the dead , or else a dead body must bee a liuing man : i could muster vp some other such-like contradictions , but that breuity contradicts me , and calls me to my last conclusion . to wit : that this booke of priuate deuotions , or howers of prayer , is scandalous , and p●eiudiciall to our owne , and aduantagious , onely to the church of rome . scandalous , i say , it is to our owne church . first , because it makes , ( or at least endeauours for to make : ) one of the most renownedst members of our church , euen that vnparalelled queene elizabeth of blessed memorie , the patronesse & protectresse of all these points of popery , that are published and vented in it . secondly , because it giues papists , brownists , anabaptists , separatists , and nonconformitans , occasion to bost , report , and bragge ; and many religious , and vnderstanding persons , both of our owne , and other churches ▪ to feare and suspect : that our church , after so many glorious triumphes ouer all romes greatest champions , ( who haue yeelded vp the wasters to vs , and proclaimed vs victors by their silence , for some few yeeres past : ) is now degenerating from her ancient sinceritie , puritie , and glory : and backsliding , and inclining to her former popish superstitions : since shee doeth harbour , nurse , and traine vp such gracelesse sonnes , and viporous children in her bosome , as dare prooue open aduocates , and proctors for the church of rome , to iustifie her assertions , euen in her owne domestique consistorie , and that without any ecclesiasticall controule or censure . that shee is now swayed by some such collauding , and temporizing pr●lates , and diuines , who out of ignorance , carelesnesse , wilfulnesse , or affection , giue publique conniuance , countenance , and approbation , not onely to the persons , but likewise to the papisticall , and arminian writings , doctrines , and deuotions , of these vnnaturall , and treacherous children , who would betray their mother , to the church of rome ; as appeares , by their licensing , and countenancing , of these popish deuotions : and maister mountagues writings ; and their suppression of all such bookes , as giue any answere to them : which hath caused * many , both now , and heretofore , to disaffect the ●●scipline , and gouernment of our church : and to condemne , not onely the persons vices , pride , lordlinesse , idlenesse , fl●tery , luxury , nonresidency , and a monstrous liues ; but euen the very calling of our bishops , ( which in it selfe , is b honourable , lawfull , good , and vsefull in the church ; especially , if it be rightly managed : ) as antichristian , and repugnant to the word of god , both to their owne , and our shame and scandall : these are the common bruites and rumours ; these are the feares , and iealousies , these are the scarres and blemishes ; yea , these are the scandalous , and noxious fruites , ( i speake it euen with griefe , and c shame because i know not how , for to disprooue them , or excuse them , vnlesse ● plead d ignorance , or carelesnesse , which are no plea in law , much lesse in gospel ; especially , in men of highest place : ) which the licensing , publishing , and countenancing , of these priuate deuotions , and some other writings now in question , haue produced , to the shame , and scandall of our church and prelates , who ought for to suppresse them . secondly , as they are thus scandalous , so likewise are they preiudiciall to our church , and aduantagious onely to the church of rome : preiudiciall to our owne church : first , in breeding feares , and iealousies in the hearts of many , that popery is now creeping in , and getting ground among vs : secondly , in causing many to w●uer , an● st●gger in re●igion , like young hercules in his biui●m , not knowing what ●●●igion for to chuse : since they see th●se popish bookes diuulged by authority , and no authori●●d answere giuen them . thirdly , in giuing those priests , and iesuites , which now swarme among vs , who make their prisons but their socurer lodgings , walking abroad at pleasure to seduce his maiesties loyall subie●●s , as a late and lamentable experience of a seduced , and now distracted gentlewoman can sufficiently testifie : ( a mystery that would bee striftly pried into : ) occasion and great aduantage to spoyle and rob vs , of many members of our church , and to detaine them captiues in the snares of satan ▪ whereas else they might be rescued and regained . fourthly , in putting armes and weapons into our enemies hands to beate and foyle , if not to conquer vs ; who in their g latter writings against vs , and h disputations with vs , haue had no other arguments to oppugne vs with , but our owne popish writers . as they are thus preiudiciall to our owne , so likewise are they aduantagious to the church of rome , in these subsequent respects . first , in giuing her good hopes and incouragements , that we are now falling backe to her former obedience ; which makes her the more industrious for to winne vs. secondly , in incouraging and animating those priests and iesuits that lurke among vs , to seduce more confidently and boldly . thirdly , in confirming our poore seduced brethren in their romish superstitions , and deuotions , whiles they behold them seconded , backed , and approoued , by these authorized and approued writings . fourthly , in administring strong , & almost impregnable arguments , to all seducing priests , & popish factors , to inuegle , peruert , and seduce the weeke , the feeble , and vnstable members of our church , ( yea , and the stronger to , ) and to winne them vnto romes allegiance ; with whom they contend and argue thus : what meane you now to continue protestants , and to disaffect our ancient mother church , and catholike religion any longer ? do you not see how your own church is now ashamed of her tenents , and that shee now approues and stic●es to our doctrines ? doth not master * mountague expressely testifie in his authorized , and vncontrouled writings , which no man can haue leaue or libertie to oppose : that the church of england disclaimes all absolute irrespectiue praedestination , as a desperate doctrine : that none are elected , but from the fore-sight of their faith , and from a disproportion in the obiect it selfe . that man hath free will to resist the inward offer of gods operatiue grace . that men may fall totally and finally from the state of grace . that the church of rome doth still remaine the church and spouse of christ : that shee is and euer was a true church , euer since she was a church ? that shee holdeth the foundation , and embraceth communion with the ancient and vndoubted church of christ , and hath not erred in matters of faith : that iustification consists not onely in forgiuenesse of sinnes , but partly in it , and partly in sanctifying graces infused , by which graces we are iustified . that our workes are meritorious ex condigno : that there are euangelicall counsells or works of supererogation . that there is no difference between vs and the papists about the reall presence : that the manner of christs presence is inutterable ; and that we make no matter of consubstantiation or transubstantiation . that images may be lawfully set vp in churches : that they may serue for religious imployments , and be worshipped with any worship saue patria . that there 〈◊〉 an operatiue virtue and power in the signe of the crosse. that there is no great impietie in praying to saints to pray for vs ; and that we may inuocate those angels that are our guardians . that a man cannot bee sure of saluation . that the turke and pope are antichrist : but rather the turke then the pope . that there was a limbus patrum . that doctrinall traditions both for faith and manners may be allowed , and that they are equall to the holy scriptures . are not all these our assertions , directly iustified and defended in his writings , with many more : and doe not the greater part of your bishops iustifie and approue these books of his ? doe they not protect his person , and his writings , and suppresse the workes of all such persons as write against them with great anxiety and care , ( when as they haue not for these sundry yeares , so much as once suppressed or questioned any of our bookes which haue bene here published among you in great abundance ) euen in despight of parliament , which represent your state , and not your church , which is included in your bishops breasts , who will ( most of them ) maintaine , and iustifie his bookes and do●trines to the dea●h , though the parliament hath often questioned them ? and if all this be not sufficient : haue they not since approued and licenced a booke of priuate deuotions , or howers of prayer , which we catholi●es admire , and buy vp apace : graced not onely with the licence , but likewise with the annexed and speciall approbation of the right reuerend father , the lord bishop of london , wherein our crosse , our canonicall howers , ( and so our holy friars , monkes , and nuns , who are onely tyed to the strict obseruance of them : ) our canonization of , and canonized saints ; our prohibited times of marriage : nay more then this . the antiquitie , authoritie , and holy lawes and canons of our church : our pictures of god the sonne , and god the holy ghost : our worshipping of saints and images ; our churches precepts ; our 7. sacraments : our veniall sinnes , our apostolicall and diuine institution of lent , and fasting-dayes : our auricular confession to a priest : our priestes , our altars , our penance , our odoration of the host ▪ and corporall presence : our mediation of angels ; our praying for the dead : with a number of such like particulars , transcribed verbatim out of our primers , breuiaries , horaries , catechismes and prayer bookes : after whose formes and modell they are exactly framed : are directly broached , iustified and approued ? doe not you see plainely by these , how they directly yeeld to vs almost in euery point of our religion : vnlesse it be in point of our popes supremacy , which they dare not breach as yet , for feare of incurring his maiesties displeasure i ●who cannot brooke an equall , or superiour in his owne dominion : ) or for danger of the * lawes , which make this doctrine , high treason at the least : when as we haue neuer yeelded one foote or inch to them ? why then should you be auerse and obstinate any longer , since your graue and learned prelates , and these your learned and approued writers , haue assented , and thus yeelded to vs ? what are you more wise and learned then they ? or doe you thinke that they would euer proue so false and treacherous ; as to suffer these our popish doctrines to bee taught and published , and so backed by * authoritie ; that none can haue so much as leaue to giue any answere or reply vnto them ; ( yea that all answerers to them are presently suppressed at the presse , as one to these deuotions was of late : and both authors , printers , and publishers of them , tormenten and prosecuted in the high commission court : ) vnlesse they know , and were perswaded in their consciences , that your church , were in the wrong at first : and that wee onely haue the trueth , and are the onely true , and catholique church , out of which there is no saluation ? by which arguments , and reasonings , which cannot bee controled : these wily men-hunters , haue ensnared , and peruerted diuers ; ( yea , some that were conuer●●d from them heretofore : ) to their great aduantage , and our losse , and shame . lastly , they giue aduantage to the church of rome , in this respect : that their priests , and iesuites , when as they haue had nothing to reply vnto our learned writers , and disputants , that was worthy answere ; haue euen blanked , and silenced them with these p●pish authorities and writings , which haue beene published , and broached among vs now of late , by licence , and authoritie : which they know not how to shift , or answere , but by laying blame vpon the authors , and the licencers , ( a beggerly , and poore euasion : ) whence they proclaime their trophies , and their triumphes ouer vs , and returne with troopes of conquered , and seduced captiues . thus doe they scourge vs with our owne rods , and conquer vs onely by our selues , whereas else wee were impregnable : so that i may well conclude , that these deuotions , and howers of prayer , are scandalous , and preiudiciall to our owne , and aduantagious onely to the church of rome : which was my last conclusion . hauing thus runne through and proued these 8. conclusions , or articles of exception against these priuate deuotions , or howers of prayer , which i propounded in the beginning of this suruay : by which i haue sufficiently euidenced those dangerous points of poperie , and prophannesse which are couched in them ; the pernicious consequences , effects , and fruits , which haue issued from them : together with the authors ill intent in publishing them , especially in such ambiguous and wauering times as these . i will now descend to answere those apologies and plees , which the author , or any of his abettors may chance to make , either to iustifie or extenuate this capitall and transcendent crime of his , ( which the burning of his bookes can hardly expiate : ) that so i may leaue him without all excuse . the first excuse or iustification that may bee pleaded for him is this . that these deuotions of his were published not onely by the bare licence of george , lord bishop of london ; but euen by his speciall and extraordinary approbation , febr. 22. 1626. imprinted on the backe side of the title page , in these words . i haue read ouer this booke , which for the increase of priuate deuotions , i doe thinke may well be printed , and therefore doe giue licence for the same : geor : london : therefore there is no popery in them : or if there there be , yet this extraordinary approbation of the ordinarie , who hath power by the state to licence bookes , doth excuse the author , and the printer to . to this i answere first : that the author is an happy man , , and highly in his lordships fauour , that he could procure his licence for the publishing and printing of these his popish deuotions in this age of ours , when as few orthodox , or pious authors can finde such grace and fauour at his or others hands . for my owne part , i haue heard of diuers who haue tendred bookes of late to licence , to which there could bee no exceptions taken , and yet they had repulse without any cause assigned . some of them haue beene reiected for the authors name alone : and others for their pious matter , as a reuerend doctor of this citie was , not long ago , put from preaching at pauls crosse , by reason of his a seasonable and right pious text ; not to speake of others : i my selfe can testifie : that i haue tendred sundry treatises of mine owne to licence : ( as one against health-drinking , and this very suruay and censure of mr. cozens his deuotions among others : ) to which there was no iust exceptions taken , but that they were mine ; or that they opposed the errors , sins , and common euills of the times , ( which it seemes are like to passe without controule , ) and for this they were reiected : yea i had one treatise of late denyed licence , which else had passed readily to the presse , but that they knew at last it was my hand : and that alone was cause enough to purchase a non-licet : though god knowes i neuer yet , ( neither shall i hereafter by my good will ) published any thing , but what all othodoxe diuines and godly christians haue approued , as orthodox , seasonable , and necessarie for the present times . i wonder therefore since so few bookes ( especially good bookes in defence of truth , and opposition of sin ) can haue the happines to finde any publik approbation for the presse ; that these popish deuotions , together with some other treatises and sermons now in question , could be so fortunate , as to procure not onely licence , but presixed approbations . certainly there is some mistery or secret in it which would be worth the search and knowledge : for if all such popish , factious , and arminian bookes which haue beene lately published by authoritie , may passe the presse with approbation and applause ; if a play-bookes , which are the very deuils grammar , and the chiefe fomenters and nourishers of all wickednesse and prophannesse whatsoeuer ; if prophane , lasciuious , and friuolous ballades , poems , tales , and iests : or bitter and inuectiue treatises , against the practise , power , profession , and professors of religion , may be readily authorized without controle ; as wee see and knowe they art : whiles the workes and writings of such who oppose themselues against the doctrinall , or morrall errors of the times , are smoothered before they come , or else suppressed when they come to light ; alas , what will become of our religion , our manners , our church and state ere long ? surely they will be altogether lost , or else endangered : they will bee quickely ouergrowne with heresies , poperie , arminianisme , luxury , riot , excesse of sinne and wickednesse , and all prophannesse , ( which i hope the wise , the vigilant , prudent , zealous , and right christian senators of our high court of parliament , will carefully lay to heart : ) whereas if the presse were shut to the former , and open only to these orthodox & latter writings ; these spreading heresies , errors , sinnes , and vices , would soone pull in their hornes , and neuer dare to shew their heads among vs. well to passe by this , i would faine be satisfied in this quere : whether these popish deuotions were euer licenced or approued for the presse ? if so , then he that licenced them , and he that published them , haue the greater sinne , the more palpable and apparent guilt . what was it not enough for the author to print or to disperse them couertly , but that he must grow so b impudent and audacious , as to procure a publike licence and speciall approbation for them : that so hee might vent and publish his popery to the world , cum priuilegio : to giue the greater and more publike scandall and offence : the deeper wound and blow to our religion and our church ; the more irrecouerable aduantage , and notorious tryumph to the church of rome : the more dangerous downefall to our religion ? and that these his popish deuotions might stand as an vnanswerable , authorized and approued record against vs vnto all posteritie ? certainly the authors impudencie in seeking , and his treachery in purchasing this publike and notorious approbation for his booke , that so it might doe the greater hurt , and giue a more fatall and pernicious blow and brand to our religion , is so far from extenuating , that it doth infinitely aggrauate and increase his guilt . authoritie added vnto euill things detracts not from their euill , but intends it more : this approbation therefore will not salue , but fester and inlarge his sore . but were these popish deuotions licenced in good earnest ? why then was not the approbation annexed to the written copy as it ought to bee , but to a meere loose paper , which was neuer ioyned with the copy ? why doth the printer report abroad , that the bishop of london neuer read the booke ; and that he carried him nothing but a bare white paper , with a message from the bishop of winchester , that now is , to licence these deuotions : to which he set his hand , and wrote his approbation , when as he neuer had perused , nor seene the booke it selfe ? either the printer therefore is a lying knaue , ( as most report him to be : ) or else the bishop of london neuer read , and so neuer could approue this booke : but admit the printer ( whose dishonestie is reported to be such , that he will print any thing whatsoeuer for his priuat gaine , ) hath mis-reported the cariage of this licence , and that the bb. of london read the book ( as is most probable , because his aprobation shews as much : ) yet i would willingly learne thus much , whether this printed coppy differs not from the written one , which was allowed by his lordship ? or whether there is not some popery inserted in the printed , which was either wholly razed out , or else omitted in the written coppy ? for mine owne part , i cannot but suspect , that most of the popery , that is broached and couched in this booke was foysted in at the presse , without my lord of londons priuitie : and the more iealous am i of this , because the printer had his written coppy but by peecemeale , sheete by sheete , and not compleate together ; because the written copy was taken from the printer as he printed it , by the author , against the vsuall course : and because there were sundry leaues reprinted and altered at the presse by the authors bare direction : ( who hath likewise lately made some alterations in our common prayer booke , by what authoritie i knowe not : ) so that it is most probable , that our author hath exceeded , and abused , not followed his authoritie , which makes his crime the greater . so that this first excuse and plea , doth onely aggrauate , not lessen or abate his faulte . our authors second excuse is this : that these priuate deuotions of his were compiled for the priuate vse of a well-disposed friend , without any meaning to make the same publike to the world : though a certaine number of them , by leaue and warrant of the ordinary , were printed at the charge of the party ; for whose onely vse the same was collected ; to saue the labour and trouble of writing coppies , to be sparingly communicated to some few freinds : they are the very words of the author in his epistle to the reader , in the last edition ; which is but shrowded vnder the printers name , when as in truth it is the authors owne , as the printer hath in part confessed : these deuotions therefore being printed but for the benefit of some priuate friends , without any intennt to make them publique , may seeme to mittigate , if not excuse the authors guilt . to this i answere : first , that this vnder-hand printing and spreading of these deuotions among some priuate friends , is a violent and strong presumption : that the author was conscious to himselfe ; that they were fraught with popish trash : if they were the priuate prayers , published by the authority of queene e●izabeth , as his title page and preface doe surmise : * or if they were orthodox or fit to further and encrease deuotion , why should hee thus conceale them from the world , and imprison them in the hands and closets of some few priuat friends : since * truth desires to be publick , & seekes no corners for to hide her self ? if they were popish and corrupt , why then were they printed and disperced sparingly among some priuate friends : or why were they penned and collected , why were they printed or disperced at all ? secondly , this close and secret scattering of these popish deuotions , is ten times more dangerous and infectious , then the open publishing of them to the world at first : because it findes the least opposition , and so ( perhaps ) seduceth many before it be discouered : a as a concealed enemie , or fire in a close obscure building , which is not obuious vnto all mens sight , are most pernitious and ineuitable : so popish pamphlets which passe from hand to hand , and are scattered vp and downe in priuate , are most seducing and infectious : because they passe without discouerie and controle : whereas they would quickly be descried , and so either answered or suppressed , before they could intrap , infect , or poyson any , were they but obuious vnto all mens view and censure at the first : so that our authors vnder-hand communicating of his b popery doth aggrauate his fault , and make his dealings more suspitious , ( c ) because they shunne and flie the light , as all euill workes and workers doe . thirdly , i would demand what priuate friend that was , for whose vse these priuate deuotions were compiled , who would bee at so much cost and charge , as to print such popish trash as this . was this priuate friend a papist , or a protestant ? if a papist , ( as i dare presume it was ) then questionlesse these deuotions which were composed for the benefit and vse of papists , must needes be popish : if a protestant : then doubtlesse it was such a one whom our author would perswade to become a romane proselite , yea to enter into popish orders , to which these houres of prayer onely suite : else hee would neuer haue taken so much paines , to compose these canonicall and popish deuotions , for his priuate vse , which protestants doe disclaime . it were well therefore , if this our authors friend were enquired after , that so we might d know his religion by his friend : which is in part discouered by his booke . thirdly , i answere : that this is but a meere forged and false pretence , as most euidently appeares : first , by the multitude of the bookes that were printed off , yea sold , at first : being 250 at the least , as the printer hath confessed : since which , there hath beene a second impression of 1000. bookes more , little different from the first : now would any one be so mad , as to print off 1250 bookes at least , to bequeath as a legacie or new-yeares-gift to one priuate friend or two , when as twelue or 20 bookes would serue for such a purpose ? the multitude therefore , and second impression of these deuotions doe sufficiently euidence : that the authors end in printing was , to publish them vnto the world ; and by them to scatter his seedes of popery farre and neere : secondly , our authors tendring his booke to licence to the ordinary , and his procuring of his annexed approbation , is a pregnant testimony , that his first intent was to divulge it , else there were no neede of any such approbation : thirdly , the ordinaries approbation which runs thus : i haue read ouer this booke ▪ which for the encrease of priuate deuotions , i thinke may well bee printed , and therefore doe giue lycence for the same . geo. london . doth intimate as much : else he would haue entred his approbation thus . i giue lycence for some few copies of this booke to bee printed , for the vse and benefit of some priuate friends of the authors : ( and n●t , for the encrease of priuate deuotions : ) i thinke it may well be printed , which is no priuate , but a publik● approbation for a popular and publike vse : else why should the author himselfe affixe it to his last , as well as to his first and second editions : the first , the second , third and last editions had but one and the same allowance : therefore one and the selfe-same publike intent . lastly , our authors preface to his first edition , ( to omit his other prologues , and aduertisements to his seuerall houres of prayer , his lent , and ember w●ekes , which testi●ie his intent to publish these deuotions : ) doth as clearely euidence , that his first intention of printing these houres of prayer , was not to divulge them to the world , and not communicate them to some priuate friends alone : as his causing of 280 lights and tapers ( as i haue heard ) besides torches , to bee lighted in the cathedrall church of durham , on candlemas day last past , after the popish custome , e as if the god of light had needed lights & tapers to behold his blind & dark deuotions , did then euidence and discouer him to be a notorious and professed papist , or a pagan rather : who f were addicted to this ceremonie , of lighting tapers to their idoll gods : for in his praeface he layes downe foure reasons , of setting forth these new deuotions more fully then they were in queene elizabeths dayes : as first to continue and preserue the olde ancient lawes and godly cannons of the church to abandon all extemporarie and conceiued prayers ; to reduce men to an orderly and set forme of prayer , and to instruct them both what , how , and when to pray : secondly , to let the world vnderstand : ( pray marke this well , and then iudge whether these were onely printed for a priuate friend : ) that they who giue it out , and accuse vs here in england , to abandon all the ancient formes of piety and deuotion , &c. doe but betray their owne infirmities , &c. thirdly , that they ( not his priuate friend ) who are this way already giuen , and whom earnest lets and impediments doe often hinder from being partakers of the publike , might haue here a dayly and deuout order of priuate prayer , wherein to exercise themselues , and to spend some howres of the day at least , &c. lastly , that those ( not one friend or two of his : ) who perhaps are but coldly this way yet affected , might by others example be stirred vp to the like heauenly duety of performing their dayly , and heauenly deuotions to almighty god , &c. now these foure popular , and publique reasons , doe diametrally oppose , and contradict , this g lying , and forged excuse , which the author fathers on the printer : that this booke was neuer intended , to be printed for any publique , but onely for the priuate vse , of a priuate friend , at whose cost , and charge they were printed at the first : so that this pretence is meerely false , and will not mittigate nor allay his crime . the third excuse which our author , or his friends in his behalfe may plead , is this : that some of the popery in the first , is cleerely purged out of the second , and third editions : and therefore the author may bee well excused , and his booke may passe for currant now . to this i answere first ; that the purging of the first , and second editions of some drugges of popery , is a manifest , and plaine confession , that there was popery couched , and vented in them at the first , else why should they be purged thus . secondly , i answere ; that in the second impression , there was onely one point of popery , to wit , the prayer for the dead : a little h altered , obscur●d and refined : but there was no point cleane oblitterated , no not so much as this prayer for the dead , vnlesse you will haue the man aliue , euen then , when as his soule is disunited from his body ; which is an absurd , and impossible thing . thirdly , in the last impression , there are onely two popish assertions rectified ; to wit , the mediation of angels , not altered in the second ; and the prayer for the dead , refined onely in the second , but quite expunged out of the last impression : which though it bee cleared of these two : yet it is still furnished with those 18. other points of popery which i haue formerly deduced from it : and that popish trash , and romish absurdities , which i haue discouered in my precedent conclusions . yea , the very forme and method of it , which is wholy popish , is still the same : wherefore there needs a further purging of these vncleane deuotions , i meane by fire , which onely can defecate , and cleanse them from their romish drosse . fourthly , though there are some points of popery oblitterated , not voluntarily , but vpon great complaints at counsell table : yet there is no point at all recanted in any of the subsequent editions , to giue any publike satisfaction to the world : yea , there is neither of the editions suppressed , or inhibited sale as they ought to be : but all of them being of one date , of one yeere , euen 1627. hauing the selfe-same allowance , and approbation prefixed them , are sold , ( and for ought i know printed , ) promiscuously without any let , or contradiction : so that our author stands but where he did at first , since all his editions stand approoued , and passe for currant coyne . fiftly , the priuate prayers authorized by queene elizabeth 1560. though they mention the first ▪ the third , the ninth howers of prayer , the vespers , and the compli●e : yet in the second , and third editions of them , 1564. and 1573. these popish phrases , and howers are totally omitted , there being no remainders of them left : and yet our author to propagate , and authorize this new-broach●d popery , can waiue , and passe by these latter , and refined impressions , where these howers are expunged , and betake himselfe vnto the first , and worst impression onely : and will hee not much more doe the same in his owne deuotions , if occasion serue ? will hee not easily disclaime the latter , and owne his first impression , which hee neuer yet recanted , if popery should once get head among vs , as it now begins to doe apace ? yes verily : wherefore since hee hath taken this liberty to himselfe , to waiue the last , and cleaue vnto the first impression onely of these priuate prayers : so he must giue vs leaue , ( as wee haue done , ) to doe the like with his deuotions , and howers of prayer , especially , since the first edition of them was neuer yet suppressed , nor recanted : so that this excuse doeth more condemne , then quit , and no wayes helpe nor cleare our author . if it be now replied ; that his former editions may be all suppressed , and that a further index expurgatorius may passe vpon them , till all their popery and errors , are quite cleansed out . i answere first ; that most of the former impressions , be already vented , and dispersed into sundry mens ; yea , into papists hands , ( who store them vp as iewels , and monuments of their church , and our defection from our selues , to them : ) therefore it is now impossible to suppresse them . secondly , those who should haue suppressed , and crushed them in the shell , are now such sanctuaries , and shelters to them : a that in steed of suppressing them , they intercept such bookes at presse , as giue any answere , or reply vnto them , not suffering them to passe the presse on any tearmes ; when as they should in iustice , either licence both , or neither at the least , and not one side alone . and is there any likelihood then , of calling in these popish deuotions , which are thus guarded , and protected , euen in d●spite of parliament , which labors for to damne them ? thirdly , no index expurgatorius , but onely an ignis expurgatorius , can cleanse them from their popish drosse . the whole frame , and almost the moitie of their subiect matter , is meerely popish , as i haue already proou●d : and can any thing then but fire , and fagot , refine , and purge them as they ought to be . and why should they not bee purged , and refined thus ? are they not a publike brand and blemish to our church , and a strong record against our cause ? are they not a great aduantage to our popish aduersaries , and a griefe , and eye-sore to our friends , and all that wish the wel-fare of our zion ? can any thing but fire expiate their guilt , or satisfie , and wipe off that disgrace , that brand , & great dishonour , which they haue brought vpon our religion , and our church ? if doctor mocketts booke , if maister eltons booke vpon the commandements , for some few points of puritanism● , onely , ( as they stile it , ) in the burning of which , master cozens and his patrons had the greatest hands , though they neuer stird , nor spake as yet to my remembrance , against any popish treatises whatsoeuer . if paraeus his booke , ( himselfe being but a meere forraigner , and out of our kings alleageance , ) for one meere point of state , against the supremacy of kings , were so solemnely burnt , with all the ignominie , and disgrace that might bee ; and could not haue the happinesse , nor fauour of an index expurgatorius , to wipe out these their errors in some new impressions : shall master mountagues : shall master couzens his booke , ( he being a minister of our owne church , at least in outward shew , and not a forraigner as paraeus was , ) wherein there is twentie points of popery broached at the least : wherein there are sundry prophane , and dangerous passages , and popish absurdities : wherein the b sacred ashes , fame , and pietie of our religious , and renowned queene elizabeth , are prophaned , and made the shelters , and patronage of popery ; and the very doctrine , and practise of our religion are highly violated ; finde so much fauour , and vniust coniuance , as to escape the fiery flames which these haue vndergone ? god forbid : certainely , though master couzens hath a singular facultie in altering , and purging of our common prayer booke , where hee hath purged out ministers , and put in priests , of purpose to bring in masse : yet it is requisite , that these bookes of his , should bee at leastwise purged from their prophane , and popish drosse , by such solemne and publike flames , as will desolue them into ashes , and quite annihilate that publike scandall , and purge out those deepe-died blots , and open scarres , which they haue iustly brought vpon our church : so that this fourth excuse is weake and bootelesse . if any obiect ; that many of those popish points which i haue laid vnto our authors charge , are not directly bro●ched , but onely wrested , and inferred , by strained collections from certaine passages in these his priuate deuotions , of which i ought to make the best construction . i answere first ; that sundry of the points , as that of canonicall howers ; mediation of angels ; prayers for the dead ; seuen sacraments ; canonnization of saints ; the apostolicall , and diuine institution of lent ; auricular confession to a priest ; the approbation of priests , and altars , and with them of masse : the inhibition of marriage at certaine seasons ; and the authoritie of the church of rome , ( our authors best beloued mother , ) with sundry others , are so particularly , and clearely set downe in positiue words : and the residue of those popish points , so necessarily , and plainely deduced from his words and meaning , being paraleld with those popis● authors , from whence they were extracted ; that he who runnes may plainely read them ▪ and i should haue wronged our author much , had i not made such expositions of his words , which will properly brooke no other construction , then that which hath beene giuen them . secondly , the whole frame and modell of these deuotions , together with the subiect matter of them , were wholy borrowed , and consarcinated out of popish tractets , and deuotions : and besides our authors end , and drift in publishing them , was no other , but to serue , and vsher popery into our church , as i haue already prooued . no charitie therefore ought so farre to foole , or blind mee , as to put out mine eyes ; or cause mee for to thwart the very meaning , words , and purpose of our author , to excuse his guilt ; which is so grosse , and obuious to the eyes of all men : that i should but contract my owne guilt , in abating his . lastly , let such who make this plea consider ; that it alwayes hath , it is , and euer will bee , the beaten rode , and method , of all insinuating , and seducing spirits , to couch , and broach their errors at the first , as warily , and c sparingly as may be : and to scatter d some seeds , and kernels of them , here , and there , in shor● , obscure passages , e and not to sow them thicke together , but with some intermixed truethes , for feare of present discouery : that so they might spring and grow vp by degrees , till they haue gotten strength and force to grapple , and encounter with the trueth in open field : this the * common prouerbe , and the experience and practise of all ages testifie : whence the f fathers in the primitiue church , who knew that heresies must bee alwayes crushed in the shell , haue beene so iealous ouer springing heretiques , that they haue sifted euery sentence , word , and ●yllable of their writings to the bran , and giuen them that interpretation alwaies , which was most ●utable and consonant to their hereticall and pernitious purposes and intents : when as th●y would haue borne a more fa●ourable , orthodox● , and ●ayrer construction , had they beheld them onely with the eyes of charity , and not of iustice , prouidence , and discretion too : and is not this our authors practise ? * doth he no● cunningly sow and intermixe his tares and drugs of popery with seeds of truth , and scriptures ? doth not he like a nurse ▪ or skilfull physitian sweeten his popish pills , and bitter potions with some sugered and pleasant ingredients : and adorne the poysonous and rotten carkas of his book● , with the saint-like stile and title of deu●tion ; that so his truthes , his pietie , and glosing title , might draw downe , and vent his romish errors , pylls , and poysonous potions ? why then should a-any out of a blinde and ●oolish charitie , extenuate or conceale his treacherous and seducing practises , or qua●f off these his poysonous , though health-promising po●ions , to his owne and others hurt : and not di●ulge and and lay them open to the view of all men , in the amplest manner , that so they might auoide and shunne them more ? well , let other men con●iue and wincke at errors ; and smooth ouer , slight , or disregard ; or else extennute , fal●e , or skinne-ouer these popish passages , doctrines , and pernicious practises , of our author whiles they will , out of a foolish pitty or del●ded charitie : ( which is the only meanes to spred their poyson and contagion farre and neere : and to betray our church and truth into our enemies hands without resistance : ) yet my poore iudgement , and my conscience tell me , that i cannot act a greater or higher part of loue and charitie , to god , to church , to state , or to the ouer-credulous , and secure soules of men , who are apt to swallow all that comes to hand without suspition : then to anatomize and rip vp all those hidden vaines , wherein the romish and soule-slaying poyson of these deuotions lye , and to display them to the world , that so men might shunne their venome and infection for all future times . in which i haue gone so euenly betweene the author and the trueth , that all circumstances being well considered , i hope i haue neither gone to farre in strayning of the words and meaning of the one , nor fell to short ( but where my ability and leasure could not reach ) in vindicating the wrong and quarrell of the other : which cleares my innocency , and falsifies this excuse . the last excuse which may be made and pleaded for our author , is that which the supposed printer ( but in truth the very author ) makes . * that whateuer reproachfull imputations haue beene cast vpon the author or his booke by the maleuolency of some dispositions of the times , who make this booke of his an apish imitation of romish superstition : yet he is a faithfull minister , though inferior vnto most , ( a clause which neuer came from any printers quill , who alwayes doe applaud their authors , not depresse them thus : ) and a member of the church of england : and that he h and others who were therewith acquainted before the printing of the booke ; are as ready to ingage their credits , and liues , in defence of the faith of the present church of england by law established , and in opposition of popery and romish superstition , as any other : therefore the author and his worke are guiltlesse . to this i answere : first , that these are but the printers vaunts , and bragges , if i titles may bee credited , and not the authors plea ; who ought to iustifie and acquit himselfe . but admit it be the avthors proper plea ; as in truth it is , though the printer beare the name : i answere in the second place , that our author k may be to partiall a iudge in his owne behalfe : and therefore he must re●erve himselfe to such impartiall iuges , who can iudge more clearely of him then himselfe : and that l not by hi● words alone , but by his deedes ; by which he shall be iudged at the last . wherefore wee must not wholly dote vpon our authors or the printers words , but sentence or acquit him by his workes . now it is as euident as the sunne at noone-tide , that these deuotions of our author are wholly popish both in method , manner , forme , and vse , and all concurring circumstances ; as this suruay and censure of them prooues : why then should we ballance or iudge him by his own , or by his printers smooth and glosing words , which are contrary and repugnant to his workes ? if wordes or ample protestations of sincerity and loyalty to the truth and church might passe for currant : then m heretiques , who alwayes giue good words , protesting that they are for christ and for his church , when as yet they war against them , vnder these pretences ; might alwayes scape vnsentenced , and vndiscouered , and passe for orthodox , zealous , and true hearted christians . n hee therefore who professeth himselfe a christian , a protestant , or faithfull member of our church , and would h●ue others deeme him so ● must declare himselfe to be such a one , not onely by his words , but by his fruits and actions : which if they contradict his speeches ( as our authors doe : ) they are so farre from expiating the guilt , o that they doe but propalate and discouer the hollownesse and treacherie of his heart ; and subiect him to the sharper censures : it skills not then what verball protestations our author , or the printer for him make : since these his howers of prayer , which would vsher popery into our church againe , with publike approbation , vnder the name and standard of our blessed elizabeth : to baff●e , and cheate vs of that orthodox , pure , and vndoubted religion , which we haue so long and happily enioyed , in peace , in wealth , and all variety of outward blessings : and therefore should not now begin to loath and cast it off at last : together with his alteration of our common prayer booke , and putting in of priests for ministers : his ingrossing of popish prayer-bookes , portuasses , and deuotions for sundry yeeres , and his curious and costly binding , and stamping of them af-the popish manner : his forwardnesse in suppressing such parallels and answers as were written against master mountague his bosome freind , and brother in euil , without any lawfull warrant : his causing 280. waxe tapers to bee lighted in the cathedrall church of durham , on candlemas day last past , as i haue heard : with the publik bruite , and same of most that know him ; proclaime him an open and professed papist , an industrious factor , and an vndoubted member of the church of rome , whose good he wholy labours : and no true member of our english church . since therefore our author hath now nothing left , to iustifie or excuse his person , or this worke of his , which is so derogatory , and scandalous to our renowned queene : so preiudiciall , and dangerous to our church , our cause , and our established religion , which they oppugne , in a notorious , and high degree : and so adu●ntagious for the whorish church of rome , who still contriues , and workes our ruine by our selues alone : i will here conclude my verball censure , and sur●ay , of him , and his deuotions ▪ and lea●e both him , and them , to the reall censure , and suruay , of that honourable , pious , zealous , and graue assembly of parliament , which i hope , will render both to him , and them , according to their iust demerits : that so p their penall ex●mples ▪ ●ay prooue others medecines . hierom . epist. 54. hac s●nt quae coargutione non indigent : per●idiam cor●● exposuisse superasso est . finis . notes, typically marginal, from the original text notes for div a10177-e200 a nulla magna ciuitas diu quiescere potest : si foris hostem non habet domi inuenit . liuie . rom histor. l. 30. sect . 14. arma quae non habent hostem , saepisame in ciuem conuertuntur . case . polit. l. 7. c. 14. p. 6●2 . b quam graue & quam acerbe est hostibus tam pro●ligatis , & nemine●x aduerso se opponere audente , vt ipsi nos oppugnaremus mutuo , & sic ●aetitiam inimicis atque adeò ●●sum praeberemus . theodoret. ecclesiast . hist l 1 c. 7. c non longe scilicet hostes quaren li nobis , circumstāt vndique muros virgi . aeneid . l. 11. intus habes , qu● poscis . ouid. met. l. 6 d virgil. aeneid . l. 2. e quot usquisque en●m iuxta diuitem pauper , aut i●tactus aut tutus est ? quid enim omnium aliud dignitas sublimium quam proscriptio ciuitatum : aut quid aliud quorundam , quos taceo praefectura , quam praeda ? nulla siquidem maior pauperculorum est depopulatio , quā potestas . ad hoc enim honor a paucis emitur , vt cunctorum vastatione soluatur . quo quid esse indignius aut iniquius potest ? reddunt miseri dignitatum praetia quas nonemunt . comercium nes●iunt , et solutionem sciunt : vt pauci illustrentur , mundus euertitur . vnius honor , orbis excidium est . veniunt plerumque noui nun●● , noui● epistu ar● a summis sublimitatibus missi , qui commendantur illustribus paucis ad exitiae plu●●morum : decernuntur his noua muner● , decernuntur noua indictiones : decornunt potentes , quod soluant paupe●es : decernit gratia diuitum , quoa perdat turba miserorum , ipsi enim in nullo se●t●unt , quod decernunt . salu. de gubernat . dei l. 4. p. 104.105 . l. 5. p. 161. 162. f marke 14.9 . luke 21.12.13 . g euseb. eccl. hist. lib. 3. c. 16.17 h iustin martyr atolog . 1. & 2. tertul. apolog. aduersus gent. et ad scapulam lib see zozeman . eusebius . nicepherus . socrates . and the booke of martyrs , according . i act. 24.25 . & 26. k act. 25.9.10.11.12 . l see thomas of walsingham . hist. angl. rich. 2. p. 256.257 . m ibidem . p. 205.208.209 . n defence of the apologie . part . 6. cap. 2. diuision 1. pag. ●22 . o christian subiection , & ant●christian rebellion . part . 3. neere the end . p 2. & 3. ed. 6. cap. 1.19.3 . & 4. ed. 6. c. 10.5 . & 6. ed. 6 cap. 1. 1. eliz. cap. 2. q see apostol . canones . can. ● 7.80 . 82. clemens . conflit . l. 2. cap. 6. concil . el●berenū . can. 19. carthag 1. can. 6.9 . 3. can. 15. 4. can 18.20.51.52.53 . chalcedon . can. 3. tur●nense . 1 can. 5. 3. can. 23. aurelianense . 3. can. 26 4. can. 23. 11.13 . toletanum . 4 can. 30 . 4● . 11 , can. 6. constan●in●● . 6. can. 9. palat●um . vernis . can. 16. nicanū 2. can. 10. forotuliense . can● 6. cabilon●nse . 2. 5.6.11.12 . moguntinū . can. 10.12.14 . & sub rabano . can 13. 29.30 . 85.93.100 . parisiense . l. 1. cap. 28. meldense . can. 49. wormatense . can. 67. synod . 8. oecumenica . can. ●4 . triburiense . can. 2. coloniense . part . 2. cap. 25.30 . ●1 . lateran . pars . 1. cap. 12. part . 17. & can. 106. reformat . cleri . germania , cap 4 synod . augustensis cap. 10. concil . trident sess. 2● . de reformat cap. 2. sess. 25 cap. 1. sess. 25. cap. 17. see gratian. causa . 21. quaestio . 3. roger houedon . histo . angl. p. 589.590 . h●erom . epist ● ad n●potianū . decreta pelagii . cap 17 surius concil . tom. 2. p. 295. rescripta nicholai . 1. tit. 10. cap. 6.7 . bernard de consid. l. 3. c. ● . ● . l. 4. c. 2. see thomas of walsingham hist. angl. p. 181. ●podigma neustria p. 132 where vpon the petition of the ●ords in parliment . 4 〈◊〉 of ed. 3. all bishops and clergie men were d●priued of all theire temporall offices . r perpetuity of a regenerate mans estate : the appendix to the epistle to the reader . s theodoret. eccl. hist. lib. 1. c. 23. t theodoret. ib. c. 24. v munster cosmogr . l 4. c. 39. x extant libri quos adhuc laicus recentissima mea conuersione conscripsi , &c. contra iulianum . l. 6. c. 4. tom. 7. part . 2. p. 508. y august . de anima et eius origine ▪ l. 2. c. 1. 2. z euseb. eccl. hist. l. 6. c. 19.20.21.22.23 . a euseb , ecel . hist. l. 6. c. 19. b see doctor sparkes answer to albines , cap. 13. and bishop vshers praeface to sir christopher syb●●orps booke , accordingly . nihil itaque ind●gnadū vel dolendum si quicunque de diuinis quaerat , sential , proferat● cum non disp●tanti● authoritas , sed disputationis ipsius veritas requiratur : atque etiam quo impe●it●or sermo , hoc illustrior ratio est minutius , fal●● : oct●u●o . p 44. c a●tera manu ferunt lapidem dum panem ostentant altera , p●auti . aulularia . act 1. p 82. d ier. 8.22 . e cant●c . 5.7 . f heb. 3.1 . 1 cor. 16.20 ephes 6.23 . 1 thes. 5.26 . 1 iohn . 3.16 . g see gees catalogue of of popish bookes , that haue beene lately printed and d●spersed here in england ▪ h maluerim ver●● effendere quam ●lacere adul●i●do . seneca de clementia . cap. 2. * temeraria , falsa & impia dicta refell●tote redarguste , reprobate : nam intercipere scripta , & publicatam velle submergere lection●m non est deos defendere , sed veritatis testificationem timere : arnob : adu : gentes● l : 3. p : 104. p cuncta prius tentanda : sed immedicabi●e vulnus ense reseidendum est , ne pars syncerae trahatu● . oui. metamop l. 1. q grex totus in agris , vniu● scabie ca●i● : & porrigine porci , v●aque conspecta , liuorem ducit ab vua . iuuen. satyr . 2 r cum feriunt vnum non vnum fulmi●● t●rrent iunct aque per●usso tur●a ●auer● solet . ouid de pont. l. 3. ele . 3 cant. 2.15 . u alitur vitium , cresci●que tegendo . virg. g●ag l 3. multa dum le●iter corriguntur , sapius mai●ra consurgunt . concil . cabilonense 1. c. 19 x herodotus : euterpe : secte 42 , 43 , 44. strabo : geog● l. 17. diodor : sicul : bibl : hist : l : 1 : sect : 32 : lucan : pharsal : l : 10 : y purc : pilgr : lib : 2 : c : 19 : * qui● enim virtu●em amplectituripsam , pramia sitoll●s ? iuuenal : satyr : 10. y tutius est hos offendere quam demer●isse . seneca : de beneficiis , l : 2. c : 24 : a cito indignatur libertas si opprimit●r nemo plus impetrat a libero quam qui seruire non cogit : hierom. epist. 62 , cap. 3. ipsi britanni dilectum ac tributa , & iniuncta imperii munera impegrè obeunt sim●uria absint : has a●grè tolerant ●am domiti vt pareant nondum vt seruiant : taciti● apri●oll vita : cap : 5 : b psal : 56 , 11 : psal : 118 , 6 : c 1 cor : 3 , 21 , 22 : 2 chron : 20 , 15 , 17 , 22 : iudg : 5 , 20. d rom : 8 : 31. d isay 51 , 3 : e 2 chron : 7 , 10 : notes for div a10177-e4290 a venena non dantur nisi melle circumlita . hierom. epist. 7 c. 4. b de spectaculis c. 27. c prosper aquit . de prouidentia lib. d omne malū aut timore , aut pudore natura perfudit . tertul . apolog. ad gent. c. 2. e error per seipsum non ostenditur , no denudatus depraehendatur : sed amictu splendido calli dè ornatur , vt ipsa veritate veriorem se exhibere videatur imperitioribus , per externam apparentiam . iraeneus . adu . haer. l. 1. proaemio . f abscondunt omnes haeretici & operiunt mendaciorum suorum dogmatu , vt sagittāt in obscuro rectos corde . heirom l. 1. in dan. 5. g anima pestes tantò periculosius laedunt , quantò subtilius serpunt . concil . cabilon . 2. can. 32 h reu. 17.4.5 . i si non caste , tamen caute . terent. eunuchus . k math. 7.15 . l see liuie rom. hist. l. 5. sect. 47. m tanto silentio in summum euasere , vt non custodes tantum fallerent , sed ne canes quidem solicitum animal ad nocturnos strepitus excitarent . ib. n plutarch . de oracul . cessatione lib. coelius rhod. antiq. lect . l 3. c. 8. o heu quam difficile est crimen non prodere vultu . ouid. metamorph. lib. 2. p clarke de aulico . l. 1. p. 30 q reu. 14.9.11 r synod . nicen● 2. actio . 1. sur. tom 3. concil p. 54. actio . 6. lb. p. 48 150.154 . adriani . 1. scriptū de imaginibus . ib. p. 214. s acts 2.1.15 . & 3.1 . & 19.3.9 . dan 6.10 . psal. 55.17 . t cypr. serm. 6. de orat. dom. hierom. ad eustochium . * these are onely to bee found in popish primers , catechismes and writers . * bellarm. de bonis operibus in partit . l. 1. c. 13. * instit. moralium part . 1 l. 9 c. 2.10.6 . * annotatiōs on acts 10. sect. 6. a pag. 143. b pag. 165. c see doctor rainolds conference wi●h hart. pa. 4●6 to 473. doctor ●ulkes notes on heb. 8.9 . & 10. * after his calendar . d pag. 17. e pag. 132. f p. 233.334 . g part. 2 the title . h 2 part. p. 4. i pag. 10. k pag. 12.13 . l pag. 25.30 . m pag. 122. a this title is taken from the howres of our lady : printed at paris , 1556. from bellarmine de bonis operibus in partit . l 1. c. 13 and our ladies primer . b this from a manuall of prayers by laur. kellam : printed at doway 604 at the beginning . * this out of our ladies primer . iames ledesma his catechisme cap 13. bellarmines ch●istian doctine cap. 7. vaux his cate●hisme . c. 3. c this is stolen from our ladies primer at the beginning . ledesma his catechism cap. 15. vaux his catechism cap. 4. bellarmines christian doctrine . cap. 9. * see the homily of fasting . part. 2. a see epist. synodales concil . basil. surius tom 4. pag. 143. rhemists annotations on iohn 14. sect. 5. on cap 16. sect. 2.5 . & cap 17. sect 2. bellarmine l. 3. de eccles. cap. 14 and all other papists on this controuersie , accordingly . b see whitakers de ecels● . cont. 2. quaest. 4. c 2.3 . master bernards rheemes against rome proposition 12. doctor raynolds thesis 2. apologia 2. thesis and conference with hart , with all other protestants both of our owne and other churches who write of this controuersie . * this is transcribed out of laur. kellams manuall of prayers printed at doway , 1604. immediately after his calender . * p. 234.235 . * p. 237. a pag. 240 b pag. 246.247 . c caluin instit . lib 4 cap. 12. sect. 20. doctor fulk● answere to the rhemish testament , matth. 9. sect 11 math. 4. sect. 2 marke 1. sect. 6. luk. 4. sect. 1 & ● . sect 4. acts 13. sect 5. festus hommius disput. 69. num : 4. p. 469 hocker eccles. poll. l. 5 sect. 72. doctor featly handmayde of deuotion . p. 526 54● . to 546. mr. masons christians fast. cap. 10. c bellarm de bonis oper. in partic l. 2. c. 14 rhemish annotations on mat. 4. sect. 2. mark 1. sect. 6 & luk. 4 sect. 1. see the popish authors quoted by mr. mason in his christians fast cap. 10. p. 151.152 . all to this purpose : that the lent fast is a diuine , or at least an apostolical institution : as master . cozens here affirmes . d homely of fasting , part . 2 e this is bellarmines reason in his christian doctrine . c. 6. p. 142.143 . f rhemists annotat. in acts. 17. sect. 5 vaux : in his catechisme on the 2 cōmandement . the councell of basil : of trent : and all the papists . see bishop vshers answer to the iesuits challenge . cap. 10. g hom. 2. & 3 against the perill of idolat●y article 22. h dr. fulks annotations in acts 17. sect. 5. bishop babington , mr. perkins , and mr. dod on the 2. commandement . bb. vshers answer to the iesuits challenge . ca. 10. where all the fathers are quoted to this purpose . m. iohn whites way to the church . digres . 51. sect. 11. caluin . institut . l 1. c. 11. sect 12. and all our protestant diuines that writ of images . i bellarmines ch●istian doctrine , cap 6. p. 139. vaux his catechisme , c. 3. rhemists notes on 1 i●hn 5. sect. 5 k rhemists notes on phil. 2. concil . trident. sess 25. l hom. 1.2 3 aga●nst the perill of idolatry . bb babington . mr. perkins , and mr. 〈◊〉 on the 2. comm●ndement pb . vshers answer to the iesuits challenge . cap. 10. * thi● being compaiared with his blessing at the end : whe●ein there was the saints●nser●ed ●nser●ed . ( as i haue heard ) before his maiestie tooke exceptions to it ▪ will euidence his meaning to the full . m answer to the gagg . pag. 318. see dr. featly his paralell p. 21.22 . n concil . trident . sess. 25. bellarmines christian doctrine , cap. 6. iames ledesma his catechisme cap. 6. o rhemists notes no mat. 4. sect. 3. act● 10. sect. 7. c. 14. sect. 2. hebr. 11. sect. 9. concil . nicen. 2. act. 2. & 4. sur concil . tō . 3. p. 74.102.120 . adrianis scriptum de imaginibus . ib. pag. 217. p compare this with his prayer before absolution , & his thankesgiuing after it , together with his forme of confession . q the exhortation before the communion dr. fulke rhemish testament on iohn 20. sect. 5. mr. bernard rheemes against rome proposition 20 pag. 203. homily of repentāce . part . 2 r so the papists in express tearmes , concil . lateran . sub innocen . 3. cap. 21 rhem. notes on luk. 17. sect. 4. ioh 20. sect. 5. on iam. 5. sect. 10. s see homily of repentance part . 2. t dr. fulkes notes on the rhemish testament , iohn 20. sect. 5. luke 17. sect 4 iam. 5. sect . 10. mr iohn whites pathway , numb 40. digres●3 ●3 . calu instit. l 3. 〈◊〉 sect . 9 u rhemists notes on 1 cor. 11 sect . 1● . x our ladyes p●●mer ▪ iames ledesma in chatechisme . c. 13. bellarm. christian doctrine , cap 7. y see the homely of com●on prayer and the sacraments . z concil . trident . sess. 7. c●n● sect . 3. bellar. christian doctrine c. 9. pag. 205. a bellarm. de bonis operibus in partic . lib. 1. b 1 & 2. part of the homily of good works 1. part of the homily of fasting . c so doth bellarmine in his christian doctrine , c. 18.19 d mr. rogers 4 proposition on the 9. article . mr whites way to the church . digres . 39. doct. fulk on mat 6 sect. 5. rom. 1. sect 11. e philippus loni●erus , tur● . hist. l. 2. c. 15 , b part. 2. p. 1.12 . c rhemists on matt. 26. s●ct . 4. & 9. on 1 cor. 11. sect. 4 5 , 6. on 1 cor. 11. sect. 16. d the homilies of the worthy receiuing of the sacrament artic. 28. harmony of confessions , sect 14. b 3. vshers answer to the iesuits challenge c. 3. bb. iewels apologie . e pag. 4.12.13 f this is taken of kellams manuall of praiers p. 80 * see part 1. pag. 18. g caluin instit l. 3. c. 18. morney of the masse . bb. iewels apologie melchisedechs antitype . dr. fulke rhem. test. on 1 cor 11. sect. 8. to 22. heb. 7. sect 7 , 8 c 9. sect. 5.6 . artic. 28. h concil . trid. sess. 22. i part. 2. p. 9. a dr. fulke on rhem test. 1 tim 2. sect. 4. doctor rainolds conference with hart : cap. 8. diuis . 4. bb. vshers answ : to the iesuits challenge . c. 9 bb iewels apologie . b 2 tim. 3.13 c part 2. pag. 104.105 . d rhemists on luke 16. sect. 7 , 8. and all the papists who describe this limbus . e article 22. bb. vshers answer to the iesuits challenge . cap 7. dr. fulks rhē . test. acts 23. sect. 1. 2 cor 5. sect. 1. 1 iohn 5. sect . 4. f pag 129. * so was it printed at first , as i haue heard . g rhemists annotations on marke 9. sect 4. 1 tim. 4. sect. 12.13 . bellar. lib. 2. de imaginib . c. 30 h appeale pag 280. gag . 320.321 . dr. featlies paralel 3. part . p. 25. i see otium spirituale pag. 169. where there is such a picture . k pag. 181 , & 233. l see caluin . instit. l. 4. c 19. sect . 14 , 15 , 16. dr. fulke ans . rhem. test. iohn 20. sect. 5 defense of the english translation . pag. 13. confutation of dr. allens booke , part . 1. cap. 10.11 . mr. whites way to the church . digres . 55. m dr. fulks defēce of the english translation , c. 13. n rhemists notes on iohn 20. sect. 5. gregory martyr . & all their other writers . o de bouis operibus in partic . l. 1. c. 11.13 p instit. moralium . part. 1. l 9. c. 2. to 16. q notes on acts , 10. sect. 6 r de bonis operibus in partic . l. 1. c. 19. s instit. moral . part. 1 lib. 9. cap. 3.5 , 6. t notes on acts 10. sect 6. u catechisme cap. of orders x qua supra . y see pag. 35.87.107 : 125.147 z see cocus : censura , scriptor veterum . pag. 16. to . 20. a polyd. virgil de inuest . rerum . l. 6. c. 2 * de bonis operibus in partic . lib. 1. c. 12. b this the rhemists , in their notes on acts 10. sect. 6. & gal. 4. sect. 6. acknowlege . c dr. fulke on the rhemish . test. acts 10. sect , 6. d dr. fulke , ibid. e notes on ac●● 10. sect. 6. f ibidem . obiect . answ. a 5 : & 6 : ed. 6 cap. 1.1 eliz. cap. 2. b 5 iacobi . march. 5. c notes on acts 10. sect. 6 d reason 1. e admonitio ad lectorem : at the ende of the kalender . f heb. 13.4 . g 1 cor 7.9 . h 1 cor. 7.39 . i psal. 19.5 . psal. 45.15 . iudges 14.10.11 . prou. 5.18 . eccles. 9.9 . isai. 61 , 10. & 62 , 5 ier. 7 , 34. & 16 , ● . & 25 , 10 & 23 , 11. mat. 9 , 15. & 24.38 iohn 3 , 29. a part. 1. pag. 17.18 . b this is transcribed out of otium spirituale , pap . 31. horas neusta seignora fol. 10 and our ladies primer , pag. 102. c 3 reason in the first preface . d bonu● pastor ad ouium custodiam hortatore non indiget . chrysost. hom. 59. in iohn . e canon . 45. * qui dimitit oues in pascua absque custode , pastor est non ouium sed luporum : bernard . super cant. serm 77 f quem mihi da●is de numero istorum praepositorum , qui non plu● inuigilet subditorum , vacuandis marsupiis , quam vitiis extirpandi● ? bern. ib. but let these remember . petro tertio dictum est , pasce , nec mulge , seu tonde semel additum est . bern. declamat . col. 998. v. g o vtinam tam vigiles reperirentur ad curam , quam allacres currunt ad cathedram : bernard . super cant. serm. 77 h hinc monstruosius dilatantur renes humerosi : hinc tumentes vteri non tam impinguantur , quam impregnantur aruina , ita vt carnis onus ossa non sustinent . bernard . de cōuersatione ad clericos . cap. 12. i mark. 16.15 math 28.19 . iohn 21.15.16 17. acts 20 , 28. col. 4.17 . 1 pet. 5 2.3 . k they are stiled pastors , & shepherds : and should not a shepheard feed his flock ? ezech. 34.2.3 ier. 23.1.4 . 1 pet. 5.2 , 3. oues sunt in tendite pastui . bern. sup . cāt. sermo . 76. l primus in opere , postremus in ordine . bernard . de ordin . vitae . lib. col. 1116. i. m a●●orum est deum credere , scire , adorare , reuereri , clericorum vero sapere , intelligere , cognoscere , frui . bern. de vita solitaria . col. 1020. g * aulici reges adulatione ad flagitia impellunt : nec vllum est genus hominum huiusmodi consiliariis pernici osius : comineus : comment . lib. 7. p. 278. adulatio vetus in republica malū : tacit annal. l. 2 sect. 4. o exeat aula , qui vult esse pius , lucan . phar●al l. 8. p. 142. p see agrippa de va●itate scient . cap. 71. p quod enim quisque prae ceteris colit , id sibi d●um constituisse probatur . bernard . declamat . q redit agricolis labor actus in ●rbem . virgil . georg. l. 1 r to wit , the lawes & canons of the church of rome . s our author therefore would not only aduise , but impose these howres vpon men . t the authors ende is reduce vs to the olde rilion , as they stile it : and to the ancient ceremonies of the church of rome , and of our popish forefathers . u that is , they take vs for protestants but if the truth were known , many of vs are good roman catholiks . x that is popishly . y such lets & impediments haue our popish recusants who refuse to frequent the publike , and therefore betake themselus to such priuate deuotions . * that is , the anciēt monks and nunnes . z part. 1. pag. 3. to 9. * lactantius de falsa sapientia , cap. 15. a iu●enal . satyr . 10. b facile sequentia irreperent si prima placuissent . prosp. aquit . contr. collatorem . cap. 33. c fronti nulla fides . iunenal . satyr . 2. * the printers epistle to the reader annexed to the third edidion . the difference between mr. cozens deuotions , & the priuate praiers authorized by qu : elizabeth . * pag. 3. to 9. a paralell of mr. cozens deuotions with the papists . a laur. kellams manuell of prayers : printed at d●way . 1624. * manuall of prayers . b ses●●o : 24. decret de reform ▪ m●trimonii . cap. 10. c printed at a●twerp 1621 bellarmines christian doct●ine , cap. 7. d iames ledesma his christian doctrine printed 1609. cap. 2. gropper . institut . colon. agrip. 1546. bellarmines christian doctrine , cap. 3. p. 15. i finde not the creed nor the lords prayer thus diuided into articles and petitions in the prayers of queen elizabeth , or in our cōmon prayer booke , or ●ther protestāt authors : but only in popish writers , out of whom no doubt they were transcribed . a gropperi . institut . ledesma his catechisme : or christian doctrine , cap. 5. b matthias cesch● . otium spirituale . pag 108. our ladies primer . c our ladies primer . otium spirituale . pag 108. ledesmas christian doctrine . cap. 13. bellarmines christian doctrine : cap. 7. d of this mr. cozens had forme●l● made me●tion , and therefore he omits ●t here . e our ladies primer . croppers institut . o●●um spirituale , p 105. ledesma his christian doctrine . cap. 15. vaux his catechisme , c. 4. bellarmines christian doctrine . cap. 9. pag. 205. f bellar. ib. pag 209. g our ladies primer . otiū spirituale , p. 106. ledesma . cap. 17. bellarmines christian doctrine cap. 11. groppers● institut . h otium spirituale , p. 113.114 . gropper● institut . vaux his catechism cap. 5. i ledesma : c. 17. our ladi●s primer . otium spirituale . p. 106.107 . gropper● instit. bellar. christ. doctr. cap. 13. k otium spirituale . p. 107. ledesma c. 17. our ladies primer . l otium spirituale● p. 109. our ladies primer . ledesma , cap. 17. bellar. christ. doctr. cap. 15. m see the authors at ( q ) & gropperi . institutio . n our ladies primer . cropper● . instit. ledesma cap. 18. otium spirituale . pag 110. bellar. christ. doct. cap. 14. o our ladies primer . horas neustr sennora . otium spirituale , p. 112 ledesma . c. 14. gropper● . instit. b●llar . christ. doct. cap. 19. p gropperi instit . otium spirit . p. 112. q our ladies primer● otium spirit . p 114. gropperi institut . bellarm. christ. doctr. cap. 22. r de bonis operibus ▪ ●n partic . lib. 1. cap. 11.13 . s moral . instit. pars . 1. l. 9. cap. 2. to 6. t notes on acts 10. sect. 6 u our ladies primer in latine and english printed at antwerp . 1604 folio 199. la●r . kellams manuell , 1604. p 1. x ibid● fol. 202 otium . spirit . pag. 30. y ibid. fol. 202 otium spirit . pag. 31. horas neustr. sennora , ●ol . 10. z kellams manuell of prayers , pag. 8. a otium spirit p. ●5● . 159 . * laur. ke●lam● manuel , pag. 21. b pag. 230. to 241.246.247 c horas neustra sen●ora . f●l . 11. d romanum● p●inted at antwerpe 1574. pag. 272. e kellams manuall , pag. 80. f interlege●●●sas delinquītur , inter ●ur● peccatur , innocentia nec vbi defe●ditur , reseruaetur . qui sedi● crimina vendicat●rus , admittit : & vt reus innocens pereat , fit nocens iudex . cypr. epist l. 2. ep. 2. donato . g lucri ●onus est odor ex re qualibet : suetonij . vespatian c. 23. vnde habeat nemo quarit , sed oportet habere i●uenal . satyr . 14. h aurea nun● verè sunt saecula ; plurimu● auro venit honos : auro conciliatur amor . ipse licet venias musis comitatus homer● , nil tamen attuleru ibis h●mere foras . ouid . de arte amandi , l. 2. * 1 cor. 12. v. 9 , 10. i see acts 2 , 3 to 12. & 10.46 . & . 11.15.17 . k math 5.11 . l reuel . 22.18 19. deut 4.2 . c. 12.32 . iosh. 1.7 . pro. 30.6 . m math. 25.36.37 , 43 , 44. iam. 1.27 . & 5 , 14 , 15. n visitation of the sicke . o canon . 67. p 1 pet. 5 , 4. iohn 10 , 11. heb. 11.20 . q psalm . 121. math. 23 , 20 isay 27.3 . ier. 23 3 , 4. isay 40 11. ezech. 34 , 10 , 11.12 . r ioh. 10 , 11 , 17. act. 20 , 28 1 pet. 1 , 18 , 19 ehp. 5.25 , 26 , 27. s heb. 13.17 ezech 33 , 6 , 8 ier. 23 , 1 , 2 eze. 34 , 9 , 10. t ier. 23 , 1. ezec. 34 , 3 , 4 , 5 8. mr. perkins on the 6 commandement . u cant 4 , 1 , 7 , 5 , 10.11 . & 6 , 4 , 5. & 7 , 6 , 10.11 . act. 20 , 28 * ioh. 21 , 15 , 16 , 17. ephes. 5 25.29 , 30. d●ut 32 , 10. psal. 17 , 8. zach. 2.8 . * ezech 34.2 , 3 , 8. & 44 8. zech. 11 , 5. iohn 10 12.13 x eiusmodi apud deum praetii sunt , qui vno christi sanguine sunt redempti : nec interest qua quis conditione natus sit , cum in christo aequaliter renascamur . hierom . epist. tō . 1. epist. 14. c. 5. y 1 cor. 8.11 , 12. act. 20.28 rom. 14.15 . z deliciis occupati gregis domini dam●a non curant . hierom. comment . lib. 11. in ezech. c. 34. a cadit asina , & est qui subleuet eam . perit anima , & nemo est qui reputet . optimi videlicet estimateres rerum , qui magnam de minimis , paruam aut nullam ●e maximis curam gerunt . sed liquido d●tur intelligi , patientius ferimus christi iacturam , quam nostram . bernard . de consid. lib. 4 cap. 6. a 2 chron. 13.10 , 11. prou. 27 23. isay 40 , 11 le● . 3 , 5. & 6 , 3. & 23.4 . gen. 31 , 39.40 . eze. 34 , 2 , to 18. zech 11.4 , 5 , 7 , 17. mal. 2.7 . acts 20.18 , 20 28. iohn 10 , 3.4 , 14 & 21.15 16.17 . rom. 12 7 , 8. 1 cor. 9 , 7 to 17. phil. 2 , 20 , 21 , 26. col. 4 , 17. ● thes. 2.7 , 8 , 9 & 5 , 12. 2 thes 3 , 10. 1 tim. 3 , 5. & 4 , 12 , 13. & 5 , 17. 2 tim. 4 1 , 5. 1 pet. 5 , 2 , 3 4 b apostolor : canones cap. 13 14 , 15 , 37 , 57. concil : nicaenum can. 15.16 . eliberinum can 19. ar●latense : 1. can . 2 , 22. & 2 can . 12. antioch . can . 3 , 17.21.22 . sardic : can . 1 , 2. ● , 15 , 20. constantinop . 1 can . 2. & 6 can 8 carthag . 3 can . 38 , 4. can 27.5 can . 5 , & 6. c●n . 15 , 16. ap●ric . can 38. agatense : can . 64 chalcedonense : can . 3.10 , 20 ▪ 23 , 25. turonense : 1 can . 11 ●3 . can . 4. toletanum : 2. can . 4 : 11. can 2. aurelianense : 2. can 14.3 . can . 11. bracarense : 3. can . 8. palatium : vernis : can . 12. nicanum : 2. can . 10.15 . are●atense : 4. can . 3.10 . cabilonense : 2. can . 52 , 54. aquis●ra : can . 45 , 50 , 71 , 87. & sub ludou pio : can : 11 , 16. parisiense : lib. 1 , cap. 21 , 36. meldense : cap. 28 , 29 , ●6 , 50. valentinum : cap 14 , 16. capit : graecar synod : cap. 1 , ca : 5 , 6 , 11 , 12. tridentinum sess. 6 , cap 1 , 2. de reformat : sess. 7 , cap. 2 , 3. de reformat : sess : 14 , de reformat : can : 8 , 9. sess . 23. can . 1 , 16. c nunc leua oculos tuos , et vide fi non aeque vt prius pellicula discolor sacrum ordinem decolorat . quid sibi vult quod cierici aliud esse , aliud videri volunt ? id quidem minus castum , minusque sincerum . nempo habitu milites , quaestu clericos , actu neutrum exhibent . nam neque pugnant vt milites : neque vt clerici euangelizant . cuius ordinis sunt ? cum vtriusque esse cupiunt , vtrumque deserunt , vtrumque confundunt . bernard . de consid. l. 3. c. 5. d non amici profecto sponsi , s●a aemuli sunt . ib. intuere quomodo incedunt nitidi & ornati , circumamicti varietatibus , tanquam sponsa procedens de thalamo suo : nonne si quempiam talium repente eminu● procedentem aspexeris , sponsam potius putabis quam sponsae custodem ? bern. sup . cant. ser. 77. see de cōsid . l. 4. c. 2.3 . against the pride & costly array of prelats . e concil . carthag : 4. can . 15.45 . maticonense . 1 can . 5.2 . can . 13.15 . constant : 6. cā . 27. & others . f forma haec vestium deformitatis mentium ac morum indicium est . bern. de consid . l. 3. c. 5. g si quis non edificat ecclesiam christi , nec plebem sibi subiectam instruit , vt de subiecto populo , christs ecclesia construatur , & quasi mercenarius nequaquam gregis salutem cogitat , sed tantummodo de ●uibus lac & lanam , cibum videlicet & vestimenta captat : iste falsus est pastor ; nec apostolus , nec propheta , nec euangelista , nec pastor , nec magister est appellandus : hierom. com. lib. 2. in ephes. 4. this was wickliff●s opinion too . h 1 cor. 9. to 15. 2 thes. 3.10.12 . * non plane fidelis dispens●●●e 〈…〉 dissipatio . bern. de consid. l. 3. c. 4. i zech. 11 . 1● . l● . 22.1 . k ezech. 23.13.6 . & 349.10 . l math. 29.40 to the ende . m ezech. 34 , 2.3 . n isay 41.11 . ezech. 34.14.16 . o iohn . 10.3.4 14.27 . exod. 28.9.12.29 . p preface . reason 1. q zech 12.10 rom. 8.15.26.27 . * neglecta solent incendia sumere vires . horace epist. l. 1 epist. 18. nihil tutò in hoste despicitur : quem spreueris valentiorem negligentia facies . qu : curtius l. 6. sect. 3. hostis non tam suis viribus , quam nostra negligētia auctus est : demost ▪ orat. 1 in philip. quod d●spectui est facilius nocet . solinus polyhist . c. 8. p. 183. securitas detrimentorū semper mater est . paulus diac . de gest longobardorum . l. 1 c. 11. nemo celerius opprimitur quā qui nihil aut parum timet : & frequentissimum calamitatis initium est securitas . 〈◊〉 . rom hist. l 2. p. ●25 . 〈◊〉 interdum malum neglectum ▪ ingeus periculum parit . 〈◊〉 rom hist. l. 1 p ● . r●lus minimis ac tricis neglectis magna interdum euertuntur imperia . nihi● contemne , n●m nihil paruum est . case . polit. l. 5. c. 3. p 435 c. 7. p. 46. * exposition on the 4. commandement . a in ista pau●●rum breuitate verborum , non duarum tantum , sed multarum impietatum numerosa connexio est . prosper . contr . collator : cap. 24. b quotidiana●●xpensas , quotidiano reciprocamu● s●rutinio , & c●ntinua dominici gregis detriment anes●imus . bern de consid. l● 4. cap 6. c vide● omnē ecclesiasticum zelum fe●uere sola pro digninitate tuenda : honori totum datur , sanctitati nihil aut parum . lb. cap 2. d see math. 5.2 & 8.28.29 . & 13 3. luke 5.3 , 4.3 6. & 6.20.29 . & 7.1 . acts 2.2 , 14. & 3.12 . & 4.1 31. & 7.2 . & 10.6.34 . & 13.15.16 . & 17 . 22● & 20 7. & 28.31 . e luke 4.17 . to 28. f 1 tim. 3 1.2 . & 5.17 . episcopatus nomen est operis , non honoris . aug de ciu. dei l 19. c 1● . aquisgranens . con● sub . lud. p●o. c 9.11 . episcopi nomen non dominium , sed officium . bern● de c●nsid l. 2. ● . 6. praesis vt prosis , vt dispenses n●n 〈◊〉 imperes . lb. l. ● . c. ● . praeside● non tam ad imperitandum quam ad factitandum : s●rculo tib●●pus est non sceptro : dominatio interdicitur : indicitur ministratio . lb. lib. 2 c. 6. * ex hoc quod patet , suspec●um facis esse quod late● . august . contr . iulian l 3. c. 26. * expugnare te credo quod lauda● , sed laudare te doleo quod expugnas . quomo●o fideliter agas ista non vidio : & v● laudes velut amicam , & expugnas velut inimicam : vnum eorum credimu● , sed elig● quid credamus . si ex animo pugnas ; non ex animo laudas : si aut●m simplic●●er agis in praeconio , colludis in praelio . aug. lb. c. 21.26 . * 1. tim. 4.1.3 * videlicet . officium beat● maria : officium spiritus sancti : officium missa , or officium defunctorum : for no other construction can be made of it . * dum stulti vitia vitant , in contraria currunt . iuuenal . satyr . 6. * part. 2. p. 125 * mr. cartwright against wh●tgift : and sundry other namelesse authors and priu●te persons , both of later and former times . a monstruosa res est , gradus summus et animus infimus : sedes prima , & vita ima● lingua magniloqua , et manus oti●sa sermo multu● & fr●ctus mullu● : ●ultu● gr●●nis & actus leni●● i●gen● auctorit●● et nutans stabilita● . ber. de co●sid . l. 3. c 7. b 1 tim 3.1.2 3. & 5.17 . ●it . 1.5.7.8 9. c pudet haec opprobria nobis , et dici potuisse et non potuisse refelli . o●id . metamor ▪ l 1. d ignorantia no excusat peccatū neque negligentia . arist 〈◊〉 l. ● . c. 5. zen●ph memora●iliū . l. 2. cic●ro , offic l. 1 g see fluds answer to dr. white : dedicated to his maiestie : and printed permissis superiorum , cōmonly sold and not suppressed . h mr. mountagues bookes in sundry late disputations with papists , were the only arguments pressed against vs. * see his gag and his appeale doctor featlies parallell . mr. wottons , b b. carletons , mr. burtons , and mr. yeat●s his answeres and bookes against him . i nulla fides regni sociis , omnisque potestas , impatiens consortis erit . non capit fortuna duos . nec quenquā●ā ferre potest casarue priorem , pompeiusue p●rem . lucan . phars . l. 1. nulla sancta societas nec fides regni est . cicero . offic. lib. 1. non capit regnum duos . senec. thiestes act 3. insociabile est regnum . qu : cu●tius . l●b . 10 sect. ● . mundus duobus solibus . nec regnum duobus regibus administrari potest . iustin. hist. l. 11. p. 119 * 35. h. 8. c. 3. 1. ed 6. c. 12. 1. eliz. c. 1. 5. eliz. c. 1. * solent haeretics potentum mundi defensionibus , quasi quibusdam armis se tegere : cregor . mag. moral . l. 31. c. 23 excuse 1. answere 1. a to wit , isai. 42 , 24 , 25. a chrysostom . hom. 6.7 . & 3 8. in mat. lactant. de vero cultu . c. 20. clem. alexād . orat. exhort . ad gēt . padag . l. 3. c. 11. salu. de guber . dei. lib. 6. b fortem animum praestant rebus , qua● turpiter a●dent . iuuen. satyr . 6. excuse 2. * dic oro ●e , celandas schedulas scripser●s , an prodendas ? si vt celares , cur scrip●i●ti ? si vt proderes , cur celabas ? hierom. apolog. aduer . ruffinum , c●o nouū malitiae genus , scribere quod occultes . si vera sunt qua scripsit , cur publicum timuit ? si falsa , cur scripsit ? intemperantia● est scribere qutequā quod occultari velis . hierom. adu . ruffinum . l. 1. c. 1. tō . 2. p. 232 * veritas nunquam lat●t . seneca troas act. 3. bonus sermo secreta non quaerit , quin potius delectatur laudibus suis , & testimonio plurimorum . hierom . epist. 12. cap. 3. a ira quae tegitur nocet : professa perdūt odia vindicta locum : senec. medea . act. 2. anima pestes tant● periculosius laedunt quanto subtilius serpunt : concil ca●ilonense . 2. can 32 b ioh. 3.19.20 . d noscitur ex comite , qui non cognoscitur ex se. carm ▪ prouerb . e accendūt lumina veluti in tenebris . num igitur mentis suae compos putandus est , qui auctori & datori luminis candelarum & cerarū lumen offert pro munere ? &c. lact. de vero cultu . l. 6. c 2. f tertul. apol●g . aduersus gent. l. 1. & de idolat . lib. lact de vero cultu c 2. rhenanus comm. in tertul apolog. ormerod . pagano-papismus : semblance 37 , 123 , 124 , 125. barn●h . 6.18 . g in vna re , & in parua epistola , quāta varietas & dissonantia mentiendi ? hirom . apol. adu . ruff. c. 10. excuse 3. answer 3. h sapientia ●orum vt plurimum efficiat non abscindit vitia , sed abscondit . lactāt de fal●a sap. l. 3. c. 26. excuse 4. answer 4. a c●r eorum ne verbo quidem qu●mpi●● a●dent laedere , nos solos expellere cupiunt● nossol● qui ecclesiae cōmunicamus , ecclesiam s●indere dicimur ? or● t● , non●● aqua est ista postulatio , vt a●t illos nobiscum expella●t , aut 〈◊〉 cum illis temeant . hierom epist. 72. c. 3. b heretici ●dio digni sunt , vel eo etiam quod sancti cuiusque viri m●moriam tanquam sopitos iam cineres prophana man●● ventilant . & qua sil●●tio sepelir● op●rt●bat rediuius opinions diffaemant . vincent lerinensis . contr . heres . cap. 11. excuse 5. answere 5. see p. 39 54 c breue sit quod ●urpiter ●udes . iuu . sa. 8 d a minimis ●ncipiunt qui ●n maxima proruunt . bern. de ord. vitae , lib. col. 11 26. e habent ho● haeretici proprium , vt malis bona permisc●ant , qua●e●nu● facile sensu● audientū illudant . si enim semper praua dicerēt , citius in sua pr●●itate cogniti , quod ve●●ēt , minim● persu●derent . itaq . permiscent recta per●ersis , vt ostendendo bona auditores ad se trabāt● et exhibend● m●l● , l●●ē●● eos p●ste corrumpant , greg. mag. moral . l. 5. c. 11 id certe moris 〈◊〉 apud haereticos , vt obumb●●nt seipso● , et occulte●t in principiis quousque maiorem fiduciam cap●an● , & quodam fauore multitudi●i● i●●entur : tun● enim conta●i●s● sua ven●na intrepidi effundu●t chrys. in m●t. hō 47. * nemo repentè fuit turpissim●s . ●uu●n satyr . 2. f see iraeneus & epiphaniu● con●r . haeres . athanas & hilar. contr . arian . hierom contr . ruff● contr . pelag. l●b . a●gust . tō . 7. & prosper contra collat. * is●ud f●llend● arte machinatu● est , vt per bona fac●lius suader●t & mae●a . sed tant● magis cauē●us est , quanto occul●i●● sub diuini legi● vmbraculis l●titat . scit ●uim foetores suos nulli f●re cito esse ●la●ituros , si nudi & simplices exhalentur : idcirc●●os c●●●stis eloqui● velut qu●dam are●ate asp●rgit , vt ille , qui humanum facile despiceret erro●em , diuina non ●acile contemnatoracul● . itaque facit , quod hi solent qui paruuli● austera quadā temper●turi pocula , priu●●●ra mellecircūlinunt , vt incauta ●tas dum dulcedinem pr●senserit , amaritudinem non reformidet● quod etiam 〈◊〉 curae est qui mala gramina , & noxios succos medicaminum vocabulis praecolorant , vt nemo fore vbi suprascriptum legerit remedium , suspicetur venenum . vincent . lerinen●●s : adu . heraes . cap. 17.25 . see gregor . mag. mor. l. 5. c. 11. & l. 18. c. 9. excuse 6. * the printers epi●tle to the reader . h it seemes by this that there were more heades , and handes then one , in consarcinating and collecting these deuotions : a matt●r woorth inquirie . answer 6. i the printers epistle to the reader . k nemo non benignus est sui index . sen. de beneficijs , l. 2. c. 26. l homines malunt exempla quam verba , quia loqui facile est , prastare difficil● . lactan . de vera sap. l 4. c. 23. m heretici sub nomine christi , militāt contra nomen christi : & fallend● arte per sermonē de se insinuant quod per exhibition●● negāt greg. mag. mor. l. 20. c. 8. l 32. c. 16. haeretici licet foris sint , tamē se nominant christian●s . hi●r apol. adu ruff c. 11. haeretici perdulces sermones corda seducunt innocentium . chrysost . hō 24. in mat. n qui profitētur se christi ●sse : non mod● ex iis quae dicunt , sed ex iis quae faciunt , cognoscuntur . ex fructu enim arbor dignoscitur . ignat. ep. 14. ad ephes. non in lingua , sed in corde christianita● est ; nec interest quali vtare sermone , res enim non verba quaeruntur . lact. de falsa sap● l. ● . c. 13. o omnia dicta & facta tua inter se congruant & respondeant sibi , & vna forma percussa sint . non est huiu● animu● in recto , cuius acta discordant . seneca epist. 34. p f●lix quicunque d●lore , alterius dis●es posse ●arer● t●o tibul. eleg. l. 3 eleg. 7. the substance of a speech made in the house of commons by wil. prynn of lincolns-inn, esquire, on munday the fourth of december, 1648 touching the kings answer to the propositions of both houses upon the whole treaty, whether they were satisfactory, or not satisfactory : wherein the satisfactorinesse of the kings answers to the propositions for settlement of a firm lasting peace, and future security of the subjects against all feared regall invasions and encroachments whatsoever is clearly demonstrated ... and that the armies remonstrance, nov. 20, is a way to speedy and certain ruine ... / put into writing, and published by him at the importunate request of divers members, for the satisfaction of the whole kingdome, touching the houses vote upon his debate. prynne, william, 1600-1669. 1649 approx. 390 kb of xml-encoded text transcribed from 74 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a56213 wing p4093 estc r38011 17161831 ocm 17161831 106039 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56213) transcribed from: (early english books online ; image set 106039) images scanned from microfilm: (early english books, 1641-1700 ; 1099:6) the substance of a speech made in the house of commons by wil. prynn of lincolns-inn, esquire, on munday the fourth of december, 1648 touching the kings answer to the propositions of both houses upon the whole treaty, whether they were satisfactory, or not satisfactory : wherein the satisfactorinesse of the kings answers to the propositions for settlement of a firm lasting peace, and future security of the subjects against all feared regall invasions and encroachments whatsoever is clearly demonstrated ... and that the armies remonstrance, nov. 20, is a way to speedy and certain ruine ... / put into writing, and published by him at the importunate request of divers members, for the satisfaction of the whole kingdome, touching the houses vote upon his debate. prynne, william, 1600-1669. the third edition. [2], 119 [i.e. 143] p., [1] leaf of plates : port. printed for mich. spark ..., london : 1649. engraved frontispiece portrait of william prynne. numerous errors in paging. reproduction of original in the cambridge university library. includes bibliographical references. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -i, -king of england, 1600-1649. great britain -history -civil war, 1642-1649. great britain -politics and government -1642-1649. 2002-04 tcp assigned for keying and markup 2002-06 aptara keyed and coded from proquest page images 2002-07 emma (leeson) huber sampled and proofread 2002-07 emma (leeson) huber text and markup reviewed and edited 2002-08 pfs batch review (qc) and xml conversion the substance of a speech made in the house of commons by wil. prynn of lincolns-inn , esquire ; on munday the fourth of december , 1648 , touching the kings answer to the propositions of both houses upon the whole treaty , whether they were satisfactory , or not satisfactory . wherein the satisfactorinesse of the kings answers to the propositions for settlement of a firm lasting peace , and future security of the subjects against all feared regall invasions and encroachments whatsoever is clearly demonstrated . as likewise , that there is no other probable or possible way to settle a speedy , firm and lasting peace , but by the houses embracing and proceeding upon the large extraordinary concessions of the king in this treaty , for the kingdoms present weal and future security . and that the armies remonstrance , nov. 20. is a way to speedy and certain ruine ; and a meer plot of the jesuites to defame and destroy us . put into writing , and published by him at the importunate request of divers members , for the satisfaction of the whole kingdome , touching the houses vote upon this debate . the third edition . matthevv , 5. 9. blessed are the peacemakers ; for they shall be called the children of god. psalm 68. 30. rebuke the company of spearmen : scatter thou the people that delight in war. london , printed for mich , spark at the blew-bible in green-arbor , 1649. all flesh is grass , the best men vanity ! this , but a shadow , here before thine eye , of him , whose wondrous changes clearly show , that god , not men , swayes all things here below . to the christian reader . courteous reader , the importunity of divers eminent members of the house , and the multitude of false and scandalous aspersions publickly cast upon my self , and other secluded members , not only in common discourses , and a news-books , but in sundry libellous pamphlets , published by the officers of the army , and their confederates , since their late treasonable unparalleld violence to our persons , and the houses and our priviledges and freedome , without the least pretext of authority ; have necessitated me to put this speech into writing , and publish it to the whole kingdom and world , which else had expired within those walls where it was spok●n , with that breath that uttered it . the scandals wherewith they have publickly aspersed the secured and secluded members in print , are these ; b that wee are a corrupt majority , and apostatizing party ; selfe-seeking men ; old royalists ; new-malignants ; neuters ; traitors ; men byassed from the common cause , powerfully carrying on their own designes to secure themselves , and work their own advantage , by a corrupt closure with the king ; and by subtill endeavours making way for the bringing him in on terms destructive to the publick ; a corrupt majority , designing the establishment of a lasting dominion between the king and themselves in a perpetuall parliament no wonder those saints d●generated so far to act the h devills part , as to carry and cast us prisoners into hell it selfe , and there keep us waking upon the bare boards all night without any accommodations , when they seized us ; were wee such persidious judasses or incarnate devills , as they would render us to the kingdome , and those for whom wee serve , before ever they vouchsafed particularly thus to charge us , or bear our just defence , either as members , or freemen of england . however , were we every way as vile as they would make us , yet it is as clear as the noon-day sun , that these very officers , and the army , being not our masters but servants , particularly i raised , waged , and engaged by solemn leacue and covenant , among other things , to protect and defend the parliaments and members rights , priviledges , and persons from all force and violence whatsoever , in such manner as both houses and the committee of both kingdomes should approve , cannot pretend the least shadow of reason or authority from the law of god or man , thus traiterously to seized , imprison and seclude us , without the houses license , before any particular charge against us ; it being a far more detestable and inexcusable treason and rebellion , then k jermins or percies attempt to bring up the northern army to over awe the houses , or the l kings comming to the commons house to demand the five members , only ( formerly impeached of high-treason , ) without seizing or secluding them the hause or any other members ; or m wallers , tompkins and chaloners treason , to seize severall members of both houses , and bring them to a legall tryall , as they pretended , and to awe and master the parliament ( for which they were cond●mned and executed as traitors , though never actually attempted : ) or the reformadoes or apprentices unarmed violence for a few hours , without seizing or secluding any member ; which yet the n generall , officers , and army in their remonstrances , letters , and papers , declared to be treasonable , and pressed for speedy and exemplary iustice against the chief actors and abettors of it , to prevent the like attempts and force for the future . but what is the true and onely ground of all this outcry ? surely the generall conncell of the o●ffi●rs of the army in their answer of ian. 3 , 1648. pag. 7 , 8. 9 , 10. ingenuvsly conf●ss ; 〈◊〉 it was no●hin● , but our vote upon the long nights debate , on the fisth of december last ; that the answers of the king to the propositions of both houses were a ground for the house to proceed upon for the set●lement of the peace of the kingdome ; being the largest , the safest , and benefioiallest ever yet granted by any king to his subjects since the creation : and that we resolved to settle a speedy and well grounded peace , upon most honourable and secure termes for the kingdomes publike interest and felicity , not our owne particular advantages , after seven years bloody expensive wars ; and refused to follow the p●rnicious treasonable iesuiticall advice of these enemies of peace , ( who intend to make a lasting trade of war ) in breaking off the treaty with the king , upon the first tender of their treasonable remonstrance , n●vemb . 20. ( some few dayes before the treaty expired ) contrary to our publick engagement both to the king and kingdome : and would not directly contrary to our oathes of supremacy and allegiance , our o solemn protestation , league and covenant , our multiplyed remonstrances , declarations ' , petitions , propositions , and engagements to the king , kingdom , people , scotland , ireland ; all forraigne protestant states and the world , immediately imprison , arraigne , condemn , depose and execute the king ; dis-inherit and banish the prince , and royall line as traitors , dispose of all the crown revenues towards their arrears ; dissolve the present parliament forthwith , subvert all future parliaments , and the ancient government of the kingdome by king , lords , knights , citizens and burgesses duly elected , and alter all the fundamentall lawes and statutes of the realme , set up a new utopian representative , and supream anarchicall tyranny of the people , to destroy both ● magistracy , ministery , government , peace , religion and liberty at once ; betray bleeding , dying ireland ( then near its ruine ) to the bloody , popish , irish rebells ; and bring speedy inevitable destruction on our three kingdomes , and those respective counties , cities and burroughs for which we serve ; the only contradictory wayes to peace and settlement , which they prescribed in their long-winded remonstrance , and the only p good intentions ( though the worst that ever entred into the hearts of saints ) to justifie their unparalleld force upon our persons , and our false imprisonment ever since , which they confesse in it self to be irregular and not justifiable . 1 do● therefore here in my owne behalf ( there being nothing case that can be objected against me but this speech and vote , which was carried clearly in the house without any division at all , and by 140. voices to 104. that the question should be then put , ( though i bee not obliged to render any accompt or reason of anything i spake or voted in the house to any mortalls but the house alone ) appeal to the great and righteous judg of heaven and earth , ( to whom the army and officers have so oft appealed in this cause ) to the burrough of new-port in cornwal , and all the free burgesses in it , ( who without any privity or desire elected mee for their trustee and burgesse ) to all the counties , cities , burroughs , and freemen of england and wales , to the united kingdomes of scotland and ireland , to all the protestant churches , kingdomes and states in forraigne parts , yea to the judgements and consciences of the generall , officers and souldiers of the army , and to all the rest of the world who shall peruse this speech , and the reasons inducing me cordially to consent to the former vote , and dissent from the armies remonstrance ; whether i , and the rest of the secured or secluded members , whom they so oft term , the corrvpt maiority of the hovse ; or the garbled minority who dissented from us and the generall , and generall councell of officers in the army , be the greatest apostates and renegadoes from our publick trust and duties ; the greatest betrayers and renowncers of the law and doctrine of the peoples liberties and freedome ; the greatest boils and plague-sores of the kingdome ; the greatest mad-men struck with a pestilentiall phrensy , the greatest self-seekers of our own particular corrupt interests , the reallest re-imbroylers of this miserable wasted nation in war , blood , oppression and tyranny . and whether we or they bee most guilty all those calumnies and censures they have thus rashly and censoriously published and cast upon us , before any proof , hearing , or conviction of us , to wound us , and render us odious to the present and all future ages ? and whether our d●ryed vote , q till the passing whereof , they affirm , they said or acted nothing in relation to the parliament , or any member of it , ( as if their remonstrance of nov. 20. their high declaration full of menaest against the dissenting numbers , novemb. 30. their removing the houses former guards , and marching up to london against the houses command , decemb. 1. to over-awe the members in their debate before the vote passed , were nothing to the house or any member ) or their undutifull remonstrance , novemb. 20. be the more honourable , safe , just , conscientious , speedy and certain way to settle a firme and lasting peace in all three kingdomes , with most security and advantage to the kingdomes , and all honest mens publick interest , both for the present , and all succeeding generations ? and if upon the serious perusall and consideration of the intire treaty , and of this my ensuing speech , comprehending the principall graunds and reasons of that vote ( though much more was spoken by many worthy and more able members in that most solemne debate , which i leave to them to publish if they please , ) the burrough for which i serve , and all others to whom i have here appealed , shall give up their verdict for me , and the other secured and secluded members , that i and they have herein faithfully discharged our trusts and duties to god and man , to the king , kingdoms , church , people , and army too , ( as we have sincerely done it to our owne consciences , in the uprightnesse of our hearts and spirits ; ) wee shall then hope , that all these r rayling accusations against us , [ and their violence offered to our persons and priviledges ] will vanish into smoke , and returne upon their owne pates with highest infamy and dishon●ur , as being most really guilty themselves of all these false calumnies against us and that wee shall appeare spotlesse and innocent from these great pretended transgressions both before god and men. howsoever , seeing our owne consciences pronounce us innocent , we shall cheare up our hearts with this sacred cordiall , matth. 5. 10 , 11 , 13. blessed shall you be when men revile you s and separate you from their company , and say all manner of evill against you falsely for my name sake ; rejoyce and be exceeding glad , for great is your reward in heaven , for so persecuted they the prophets which were before you : till god in his owne due time and way t shall bring forth our righteousnesse as the light , and our judgement as the noon day , in this present world , or acquit us of them at his owne tribunall in the world to come , at the great day of judgement , when the secrets of all learis shall be revealed , and every man condemned or absolved before the angels , and all mankind by christ himselfe u according to his workes , not good or evill intentions , or hypocriticall pretentions , which may delude the world for a time , but never god nor christ x before whose all-seeing eyes , all things are bare and unridged , appearing in their proper colours . in the mean time , christian reader , i submit this plaine-dealing rude speech to thine impartiall censure , by which i desire to be acquitted or condemned , justified or impeached of the good or evill of the forementioned vote ( the only crime i am guilty of ) against all these calumnies and the armies violence to my person : who have only two pleas to justifie their treasonable violence upon the secured and secluded members , which i shall here briefly examine . the first is y their honest intentions of publique good . to which i answer , first , that no pious nor ●onest intentions can justifie or excuse any irregular actions , though neither scandalous nor prejudiciall unto men , but seemingly pious and devout , as is cleare by the examples of the z bethsheemites , a vzza , b saul and c others , much lesse can they excuse or justifie any treasonable , scandalous and flagitious acts of violence and oppression ( as yours are both against the king and members ) against your oaths , trusts , covenants , which are morall sinnes and evils against many d expresse scriptures and that very devine charge to souldiers luke 3. 14. doe violence to no man , &c. 2 that christians must in no case doe evill that good may come of it : rom 3. 8. their damnation being just that doe it , therefore not so great an evill , so many complicated evils as you now act upon any intents of publike good . thirdly , christians e must abstaine from all appearance of evill : provide things honest in the fight of all men ; and f give no offence to the gentiles , churches of christ , or any others whatsoever , to the scandall of religion , under paine of severe condemnation . therefore no pretences of honest intentions for publike good can justifie , or extenuate your present irregular and most scandalous actions , which offend all sorts of conscientious , morall and carnall men , and the worst of turk● and beathens will condemn . 4. your pretended honest intentions for publike good are nothing ilse but the most . treasonable destructive designes and irreligious projects against all publike good , peace and settlement , that ever entred into the hearts of christians , expressed at large in your remonsteance and declaration of nov. 20. & 30. to which you referre ; as , the disposing and murthering the king &c. the●evils and wickednesse whereof i have here and elsewhere demonstrated at large ; and to justifie your horrid force on us , by such detestable intentions , is the very hight of wickednesse and atheisme ; which highly aggravates not extenuates your violence and crimes . 5. if intentions or pre●entions of publique good , may be pleaded to justifie this force of yours , the gunpowder traytors , jermin , percy , the apprentices , challoner , jack cade , jack straw , all rebells , and cavaliers , who all pleaded their honest intentions of publike good : yea , every idolater under heaven who worshippeth any idoll or devill with a religious and pious intention , as the true and onely god , and those bloody persecutors , john 16. 2. who thought they did god service in killing the apostles and saints of christ , shall by this new army divinity , justifie their idolatrie and persecution to be no sinne nor crime at all : for shame then let not such an absurd irreligious and wicked excuse and justification as this● be ever henceforth named nor owned among saints , which very pagans would blush to ●vow . the second and chief excuse and justification , is , an * extraordinary necessity for publike good leading them thereunto : this they endeavour to manifest by sundry particulars : which as they are apparently false and scandalous is themselves , over tedious to re●u●e , and waved by them in their ●ixt head of necessity , reducing all the grounds of our seisure & sequestration from the house to our vote of decemb. 5. so it is but a meere false pretence , and no justification at all if true . but to take away this ple● of necessity altogether , it stands but upon these two generall feet . first , that the members secured , and secluded , were a corrupt majority of the house , secondly , that if they had not thus secured and secluded them , they would have proceeded to the settlement of a speedy peace with the king in pursuance of this their vote : ergo the army were extraordinarily necessitated to secure and seclude them . this is the logick of the whole answer , all surmises concerning forepast miscariages in the house , and packing of new elections [ in which themselves and their owne party are most peccant , few of their elections being due or faire , and divers of them voted voyd , as mr. fryes , blagraves , and others who now sit and vote ] and all miscariages concerning irel. which are false , [ specified only without verity or proof against any of us ] relating nothing at all to our present seclusion of which they confesse the vote of decemb. 5. to be the onely impulsive cause . the plaine english of the first ground of their necessity is this . the majority of the house of commons [ which in all debates is and alwayes hath been the house ] over-voted the minority or lesser part . ergo there is a necessity , that the army should s●●lude them , that so the smaller number might sit alone without them and vote what they please , [ as now they doe ] and null and repeal what ever the major part had voted repugnant to the armies designes . this new utopian necessity [ never heard of nor pretended in the world till now ] ought to be eternally exploded , as the horriddest distructive monster to government , and states , ever yet produced in the world , as i shall cleare by these particulars . first , it utterly subverts , the undoubted rights , priviledges , and constitutions of all parliaments or councells whatsoever . from the beginning of the world till now , whether civill , military , or ecclesiastical , wherein the majority of voices upon the question , ever carries the vote , and is still reputed the act of the whole councell or parliament● adly , it overthrowes the legall forme and proceedings in all popular elections of knights , citizens , burgesses , mayors , bayliffs , coroners , verderers , wardens of companies , common-councell-men & all others , ever carried & determined by the plurality of voices , of those who have right to elect . 3dly , it overturnes their new bable , to wit the agreement of the people , and new representative , in which themselves resolve , the majority of the electors ought to chuse their new representatives , and the votes of the major part of them who meet , ought to bind all the rest , and not the minor part to seclude or sway the rest . 4thly , it will soon dissolve their new erected strange generall councell of the officers of the army , where all matters are yet concluded by plurality of voices , where if the major part should vote against the kings trayterous beheading , or the agreement of the people , the levellers , being the lesser part , upon this pretended n●oessity , that they are a corrupt majority , may forthwith forcibly soize on & secure them , and make themselves the only general councell though the fewest , and act what they please , when the others are secluded . 5ly , it subverts all rules of judicature & justice in al courts of . justice , where there are more judges & justices then one , where the majority of voices ( as likewise at commitees ) over-rule the minority : who upon the pretence of necessity , and being a corrupt majority , may be kept forcibly from or pulled off the bench , by any persons who suspect they will encline or give judgement against them , in any cause depending before them . 6ly , it lays a foundation for all the tyranny , villany & oppression that can be imagined , which the levellers begin in some places to pursue , & the army too . for example . the king ( say they ) if he & monarchy continue , will in time grow too strong for the people . ergo there is a necessity we should pul down monarchy & him now , & have no more kings to rule over us . the house of lords will be too potent for the commons & have a negative voice to cross what they shall vote . ergo we are now necessitated whiles we have power in our hands , to pull downe the house of lords and lay their honour in the dust. the city of london was too powerfull , rich and wealthy for the countrey and us heretofore , and kept down sectaries from publick offices , ergo whiles we have the power in our hands , we must break down all their out workes , divide & lay aside all their militia , empty their bagges , pull downe their pride , throw out their old officers , put in new ones of our own faction , take away their liberties and freedome of elections contrary to their charters , & sundry acts of parliament , dispense with common-councel-mens oathes ; and so inslave the city to our vassalage . this is their present practise . the land-lord● & rich men in the country are too potent for their tenant● , & the poor , ergo we must by force of armes out of extraordinary necessity , now abate the tenants rents , alter their tenures and customes , share their lands and wealth amongst our selves and the poore : and if any poore man by forging an act of parliament or otherwise , pretend a title to any rich mans lands , turne the rich man out of possession , and put the poore into it : as some levellers and souldiers have lately done in essex in the case between sir adam littleton and one pointz : against all rules of righteousnesse● law and conscience , such a monster is this plea of necessity for publick good , already grown unto through the armies power , and how soon it will proceed to draw the blood of many gallant gentlemen , lords , and members now secluded ( for fear they should prove the stronger as well as the major number , and therefore must lose their heads to prevent al future dangers & revenge ) god only knows . the second ground for the necessity of our seisure and seclusion is this : that the pretended corrupt majority of the house would have closed with the king , & setled the kingdomes peace before this time had they not been secured . erg● the officers and army were necessitated to secure them as apostates from , and infringers of their trusts . i answer : this is very ill logick , and worse divinity . for first , is not the o end of all just wars whatsoever , nought else but peace ? 2. is it not gods command and every saints and christians duty p to pray for peace ? q to follow peace with al men● to r seek peace and pursue it ? to s study to be quiet and live in peace ? to t live peaceably with all men , as much as in us ●yeth ? and is not our god a god u of peace ? our saviour jesus christ x the prince of peace ? the holy ghost y a spirit of peace ? the gaspell it selfe z a gospell of peace ? and can , or dare● any saints then pretend a necessity to levy warre even against the parliament and members themselves ( which is high treason ) onely upon this pretended necessity , that they desire and indeavour to settle peace in our kingdome ? thirdly , is not peace the greatest earthly blessing that god can bestow upon us ? and u hath promised out of his love to give us as a most signall favour ? is it not the thing we have all payed for , fasted for , fought for , paid for , longed for and earnestly desirid for many yeares ? doe not all counties , cities , villages , families , yea every sort [ except those who make a trade of warre to enrich themselves by the kingdomes ruines ] but more especially distressed ireland , cry all out unto us with one unanimous cordiall and continuall clamar , peace , peace , for the lords sake , no more warres , no more blood shed , no more plundering , no more free quarter , no more taxes , but peace , peace , or else we perish ? and if so , the generality of the people and kingdome , being by the armies principles , the originall and fountaine of all just power , there is an absolute necessity lyes upon us , who are their trustees to make and setlle . peace , but no necessity for the army to hinder or secure us from effecting it , yes a necessity for them to assist us in it , and release us to accomplish it , which by gods blessing we had done ere this . object all that they can object , is ; that we would have made an unsafe and dishonourable peace with the king , upon his owne termes , to the peoples prejudice and enstaving . answ. to which i answer : 1. it is the foulest , falsest , and most malicious scandall that ever man could invent , which the ensuing speech will abundantly refute , to the shame of those who dare to aver it in print . 2. admit it true : yet an unjust and unequall peace , is better , safer , and more honourable for us , ( now we are quite exhausted , and can manage warre no longer , and ireland so neere its ruine ) then the justest warre ; which ought not to be undertaken at first without absolute necessity , and nes to continue one houre longer then that necessity endures , especially if it be a civill warre between those of the same nation , blood , religion ; or a defensive warre , as our warre is , who have now no armed enemies to encounter ; and so there can be no pretence of necessity to continue a warre , or so great a recruited army , unlesse it be to enslave us to martiall law and tyranny , in stead of peace and liberty . 3. neither god , nor the kingdome , nor majority of the people , ever made the army iudges of the goodnesse or badnesse of the intended peace , but the parliament onely ; the onely proper iudges likewise of the necessity of peace or warre : and therefore for them thus forcibly to wrest this iudicatory out of the houses bands , without a lawfull calling to it , and to imprison those who are iudges of it , is neither b christian , nor warrantable , but the highest insolency and rebellion ever offered to any parliament in any age : and upon this account , every souldier who hath a cause depending in parliament , or in any court of iustice , may by as good iustice and reason pull all the members out of the houses , and iudges from the benches , that would not give iudgement for him , be his cause never so unjust , and make himselfe , or the generall councell of the army his onely iudges , who may proceed to iudgement on his side , before any hearing or appearance before them by his adversary , in such sort as they have proceeded against us . but admit there were an extraordinary necessity for publick good , as is pretended ; yet to make necessity a plea for to justifie any m●rall sinne or evill , is monstrous in an army of saints . e nulla est necessitas delinquendi quibus una est necessitas non delinquendi , was the primitive christians maxime ; who chose rather to die the cruellest deaths , then commit the smallest sinne : had hugh peters , john goodwin , and these army-counsellors lived in our saviours dayes , they could have taught st. peter how to e have denyed his lord and master thrice together with oathes and curses , ( as the army have denyed and imprisoned their lords and masters , and cast them into bell , with oathes and curses too ; ) and to have justified it , in stead of going forth and weeping bitterly for it , as he did : because be did it onely out of necessity , to save his life when he was in danger . if these army-saints had lived in iulian the apostate's dayes , they could have instructed his souldiers how to have sacrificed to his ] idols , by throwing but a branch into the fire , out of necessity to sare many precious souldiers lives , rather then to be mariyred for refusing it : and had catesby , faux , winter , and piercy wanted an advocate or ghostly father to encourage them to blow up the parliament-house , king , nobles and commons at once , and justifie it when they had done it ; the generall officers , and councell of this army , and their two ●ore-named chaplains , ( had they been called to that confederacy at they are to this ) would have justified not onely the contriving but the effecting of it , with their plea of extraordinary necessity for the publique good : there being no difference between the armies proceedings and theirs ; but , that they would have blonn up the king , lords and parliament with gunpowder ; and the army hath now pulled and battered them downe with gunpowder and armes violence ; and what they did onely attempt modestly and covertly in a vault , ( for which they were condemned and executed as traytors ; though they had no engagements on them to protect the parliament ; ) the army hath done impudently , in attempting and affecting it in the open view of all the world : against their trusts , duties , covenants . and whereas some of them repented and were sorry for it , these saints doe not onely not repent of it but persevere in and justifie this treason in print , therefore those very powder-traytors shall condemn them , as being more modest and lesse sinfull then they , who have so many obligations and vowes upon them not to doe it , but detest it . 2. this plea of necessity for publick good , is the very iustification and foundation of f the jesuites treacherous practises to murther , stab , poyson all christian kings and princes whom they deem hereticall or obstructive to their designes ; to equivocate , lie , dissemble subvert whole kingdoms , blow up parliaments , and act any kinde of villanies . if you interrogate them , why they doe it ? or what arguments they use to engage others in that service ? they will inform you ; that necessity of publike good , and honest intentions to promote the catholike cause and popes authority , are the onely grounds and warrant for such irregular and extraordinary proceedings . and for the generall councell of the officers to take up this very iesuites plea , as the only argument to justifie their laste iesuiticall force and powder-plot upon the houses ; is an infallible argument unto me , that they are swayed and steered by iesuites in all their late councels and proceedings . 3. this plea of necessity , if admitted , will be a perpetuall president from the armies practice and rebellion , to justifie and encourage all kinde of factious and discontented people in all suture ages , be they papists , malignants , neuters , jack cades v●lgar rable , or royalists and cavaliers , when ever they have sufficient power in their hands , to seize upon , or secure and exclude any members in all succeeding parliaments , who vote not what they please , as a corrupt majority , who have betrayed their trusts ; since an army of saints , specially raised , waged by both houses to defend and protect them from any violence , and engaged by a solemne league and covenant to preserve them from it ; have publickly justified it upon these grounds to the members now sitting , and to all the world , and their chaplain john goodwin * in his right & might well ( he should have then said ill ) met , vindicates the eqvity & regvlarnes of the armies proceedings against us , vponvndeniable principles , ( as ●e stiles them ) as well of reason as religion , ( ô monstrous divinity worthy to be burnt by the hands of the hangman ) which will totally subvert the priviledges , freedom , honor and power of parliaments in all times to come , if not vindicated by some exemplary act of justice , and a professed law and declaration against such insolencies , as in the * five members cases . and so much the rather because the members now sitting under the armies force , on thursday the 11. of ianuary , 1648. passed this stupendious vote , destructive to the priviledges , freedom , honor , safety and being of the present and all future parliaments and most injurious and scandalous to the secured and secluded members , prejudged and condemned both by them and the army , without ever being heard , or any proofs or witnesses produced , to make good any general or particular charge against all or any of them ; which vote we must totally disclaim , and publiquely protest against , as the most dishonorable that ever passed within the houses walls , being repugnant to the protestation of both houses , the solemn league and covenant and many declarations of the house , inviolably to maintain the rights , priviledges , and freedom of parliament ; and the highest breach of priviledge ever offered by members to their fellow-members since there were parliaments in the world . the vote is this , that the house doth approve of the substance of the answer of the generall councell of officers of the army , to the demand of this house , touching the securing and secluding some ( to wit , above 200 besides those frighted thence , being half as many more ) members thereof ; and appointing a committee of 24 , ( whereof most are new elected members and mr. fry , whose election is voted void ) or any five of them , to consider what is fit further to be done upon the said answer of the generall councell of the officers of the army , and present the same to this house ; and the committee to meet this afternoon in the exchequer chamber . the injustice of this vote ( beside the breach of priviledge ) will appear by these particulars . first , in justifying the most horrid and treasonable force of these officers of the army that ever was offered to any parliament or members in any age contrary to the expresse statute of * 7 e. 1. which the houses heretofore so deeply resented that they oft declared against it in case of the king , who did only come and demand but * five members , * but feixed neither of them ; and impeached jermin and piercy of high treason , only for tampering to bring up the northern army ; and executed chaloner and tomkins for traytors for conspiring to force the houses , and seize some members under a pretext to bring them to justice . yea , the parliament in 4 e. 3. n. 1. among other charges , condemned and executed roger mortimer , as a traytor and enemy to the king and kingdom , for offering violence to some few members of parliament sitting at salisbury ; and forcing others thence . and the parliament of 21 r. 2. cap. 12. condemned the earls of arundel and warwick , and duke of gloucester as traytors for forcing the king and parliament , by a power of armed men arrayed in warlike manner , to consent to bile against their wils ; & to adjudg some of the kings liege people therein , ( much more them , if the king himself , as now ) to death and to forfeit their lands and goods : in the parliament of 11 r. 2. tea the parliament of 1. h. 4. ● . 21. 22. articled against richard the second , that he held the parliament of 21. r. 2. viris armatis & sagittariis immensis , and kept an extraordinary guard of armed men brought out of cheshire , ( who forced , abused , and took free-quarter on the people ) the better to over-aw the parliament , and take away the lives of some noble-men . and the parliament of 31 h. 6. cap. 1. adjudged and declared jack cade , to be a most horrible , odious , and errant false traytor , for forcing the king and parliament held at westminster , in 29 h. 6. to grant some petitions , and stirring an insurrection , and rebellion under colour of justice for ref ormation of the lawes ; and proceeding upon the same grounds in such manner as the officers and army now do ; and made void , an nulled all judgments and proceeding whatsoever made under the power of his tyranny ; which the officers and army have farre exceeded ; in seizing , imprisoning and securing so many members ; ( and having the king himself to an illegall triall for his life ) which jack cade , and his levellers and reformers never did . and therefore for them to approve this act and answer of theirs , against so many presidents , declaring it high treason , must be an unexpiable offence . secondly , in prejudging , scandalizing , and condemning above two hundred members at once , without any proof , evidence , or hearing ; when as they ought in iustice to have been heard , and some particular impeachment against them by name , before thus censured . thirdly , in approving the many false calumnies . laid and suggested against them only in the * generall ; the falsity whereof is well known to themselves and the world , and tacitely confessed by the release of above twenty of them by the generall and officers , without any cause assigned for their restraint or particular charge against them ; they confessing some of their restraints to be injurious and mistakes . fourthly , in being iudges in their own cases , and accusers and witnesses too against the secluded members ; sundry members of the commons house , being both members of the generall councell and army ( contrary to the * self-denying ordinance ) as cromwell , skippon , ireton , harrison , ingoldesby , sir william constable , henry martin , &c. and sitting and acting in both ; hammering all things they design in the generall councell first , ( as the agreement of the people , and the like ) and then presenting them to passe for current in the house , and penning their declarations , remonstrances , &c. against the priviledges and members of the house ; a thing never practised by any members till these : who make the councell in the army the principall engin to carry on all their projects in the house . from which intolerable abuse all the late distempers of the armie , and mutinies against the houses have for the most part proceeded . fifthly , in that they being but between 40 and 60 members only , have presumed by this vote and a declaration of ian. 15. to censure above 200 ; and to consent to their long restraint and seclusion , in stead of righting and releasing them ; and impeaching or committing the chief authors of and actions in their securing and secluding , and bringing them to speedy iustice according to their covenant and * declarations against seizing any members . sixthly , in presuming to passe such a vote as this , whiles under a visible armed force ; when as this house adjourned and refused to sit upon the kings demand of the five members , till they were righted . and mr. speaker , and most of the members now sitting , deserted and fled away from the house , upon a far smaller force then this ; even after the force was ever , refusing to sit till the houses were restored to a condition of honor , freedom and safety ; and declared all votes , ordinances , orders and proceedings meerly null and void , during their absence ; though not made under any such apparent force as is now upon the house , and when there were at least twice as many members sitting as now , and not one secured nor secluded from coming freely to it without fear . seventhly , in justifying these two iesuiticall and destructive grounds and pretences of this violence upon the house and members of honest publique intentions , and necessity for publique ends , which i have proved so absurd , impious and dangerous in sundry respects , and such as by any armed party whatsoever may bee made use of upon all occasions to force and destroy all future parliaments . vpon all which considerations , i shall now take out the solemn league and covenant , these members of the house , and officers of the army have so solemnly taken and made to god , with hands lifted up to heaven , and most apparently violated in this and other particulars of late ; and ( in case they proceed still obstinately in these violent and perfidious wayes ) shall use the same words as * amurath the second ( sixth king of the turks ) once uttered in the great battail of varna , when uladislaus king of hungary broke the truce hee had made , sealed and sworn to him in the name of christ , and gave him battail and was like to rout him ; vpon which occasion and extream danger , amurath beholding the picture of the crucifix in the displayed ensignes of the christians , plukt the writing out of his ●osome , wherein the late league was comprised ; and holding it up in his hand , with his eyes cast up to heaven , said . behold thou crucified christ , this is the league thy christians , in thy name , made with me , which they have without any cause violated . now if thou be a god , as they say thou art , and as we dream ' , revenge the wrong now done unto thy name and me , and shew thy power upon thy perjurious people , who in their deeds deny thee their god. vpon the uttering of which words , the battail presently turned , the perjured king uladislaus , cardinal julian , and many other bishops and others , ( the principall authors of this scandalous and detestable perjury and breach of covenant ) were slain ; with many thousand common souldiers , and the whole army routed and sattered . the like exemplary punishment or divine vengeance these perfidious * covenant-breakers cannot but expect will speedily befall them , ( now they have the fervent prayers of most godly ministers and people against them , as they had formerly for them ) unlesse they seriously repent , reform , and retract all their late perjurious , scandalous actings and proceedings against their multiplyed oaths , protestations , covenants , votes , remonstrances , declarations , promises , engagements , and publique faith both to god and men , at which conscientious christians and prophane persons every where stand amazed , and i hold my self in duty and conscience obliged . to k reprove them for it in publique , that they may be ashamed , and brought the sooner to reform their detestable exorbitances in this kinde ; to the kingdomes , parliaments , kings , armies ruine , and their own . before i conclude , i shall answer only two scripture-texts , * produced by john godwin , and others , to justifi the force upon us . sthe first is , david's eating of the shew-bread , which was lawfull only for the priests to eat ; which yet was lawfull for him and his men to eat in case of necessity to preserve life , there being no other bread , 1 sam. 21. 4 , 5 , 6. matth. 12. 4. and that to save the life of a man , ox , or beast fallen into a ditch ; a man in such a case of necessity may break the sabbath , luke 14. 4. ergo , the army in case of necessity may lawfully imprison and seclude the members . the sum of a his book . i answer , that the argument is a meer inconsequent , if granted : i or , first , the eating of shew-bread in it self was no morall evill ; nor the saving of a mans , ●x , or asses life , but a thing lawfull and commendable : but the resisting of lawfull authority contrary to duty , oath , covenant , aud offering unjust violence to the persons of those whom the army are obliged to protect , and have no authority by the law of god or man to seize or imprison ; is a morall sinne against the fifth commandement , and many expresse texts fore-quoted . therefore the cases are no wayes parallel . secondly , the eating ●of shewbread , in case of necessity to preserve life only , is neither within the intention nor meaning of exodus 25. 30. 31. as abimelech himself acknowledged to david in these words , the bread is in a manner common , &c. 1 sam. 21. 5. and our saviour himself seems to intimate , matth. 12. 4. that the pulling out of an ox or asse on the sabbath day , being an extraordinary act of mercy and necessity too , was not within the intent of the fourth commandement , though within the words . whereas the violence done to our persons and the houses is both within the words and intention of the forecited texts . thirdly , these two necessities were present , absolute , certain , and that onely to save the life of a hungry or sick person ; or of a perishing beast . but the officers and armies lives were not now in any imminent danger of death for want of bread ; nor their horses of asses cast into a ditch by us : and the imprisonment of our persons was neither to preserve their own , nor their horses lives from present death ; but to hinder us from preserving the lives of three dying kingdoms . therefore these examples and texts are very extravagant . fourthly , though david and his young-men did eat the shewbread ; yet it is observable , that they did not take it away violently from the priests , though it were to save their lives , ( as souldiers now take free-quarter against mens wills ) nor offered any violence to abimelech's person , nor put him by his priests office , ( as some souldiers now forcibly enter into our ministers pulpits , when there is no necessity : ) but they staid , till they had his opinion in point of conscience , whether they might take it , and till the priest * gave him the hallowed bread : so as the argument from hence must be ; david and his men , even in case of necessity to save their lives , would not take so much as a loaf of bread , till the priest voluntarily gave it them : ergo , the officers and army may lawfully take free-quarter upon , and forcibly seclude and imprison the members of parliament against their duties , covenant , and their consents . is not this pretty logick and divinity from john goodwin , who deems himself the only compleat disputant and divine in the kingdom ? doth not the contrary directly follow from the text : ergo , they ought not to take free-quarter , nor offer the least violence to their persons without their consents ; according to john baptists doctrine to souldiers , luke 3. 14. do violence to no man. fifthly , the other argument is as absurd . it is lawfull to pull an ox or an asse on the sabbath day out of a ditch , to save their lives : ergo , it is lawfull for the officers and army forcibly to imprison and seclude 200 commoners out of the house , and keep a force upon the house ; ( yea , to send armed regiments of morse upon the sabbath day round about london streets and the countrey when there is no necessity ) to destroy mens lives and liberties , and three kingdoms too . sixthly , could oxen and asses fallen into a ditch speak , as well as men in a ditch , they would call for help to draw them forth to preserve their lives . so that this act of charity , ( not violence in pulling them out on the sabbath day , is with their full and free consents and desires . then set the comparison right , and the argument thence must be this : a man on the sabbath day ) out of meer charity and necessity may lawfully pull a man , ox , or asse out of a deep ditch at their requests and desire , ( where as the iew at teukesbury perished in the iakes , out of which he would not be pulled on his sabbath ; ) ergo , the officers and army may lawfully cast the members of parliament by force and violence into hell , prison and use them worse then any oxe or asse , without and against their consents and priviledges . i hope * balaam's asse with a mans voice , will rebuke the iniquity and madness of this false prophet , and absurd disputer ; who is like to * david's horse and mule , without understanding , whose mouth must be held in with bit and bridle , lest he fall upon us hereafter , in such foul scurrilous language as he hath done already , in his might overcoming right , which will vanquish might at last , in despite of all the forces on earth . i have no more to add , but only this , that if holy david himself had now been a member of the commons-house , or king of england , he had certainly been seized , secured and secluded the house by the officers of the army , and condemned by some sitting members for this one divine sentence of his , * psalm 120. 6 , 7. my soul hath long dwelt with him that hateth peace : i am for peace ; but when i speak thereof , they are for war : this is my only crime , and those secluded with me , that we passed a vote for the settlement of peace upon the treaty . but let me speak to these members , officers of the army , and their chaplain peters , who are such enemies to our peace , ( which had by gods blessing been firmly setled and secured before this , had not the army thus violently interrupted us , and put us upon iesuiticall dangerous new wayes of new wars and certain ruine instead of peace ) in the words of our savior unto peter , when he drew his sword , and smote off the high-priests servants ear : put up thy sword into the scabberd , for all they that take the sword , shall perish by the sword : he that will causlesly lengthen out a warr to the ruine of kingdomes , when he may have peace upon safe , just , and honorable terms , shall be sure to perish by the sword of war , or iustice upon earth ; ( the true meaning of that text , gen. 9. 6. who so sheddeth mans bloud , by man shall his bloud be shed ; more properly applyable to souldiers in the letter , who have slain men in the wars , then to the king himself , who never actually shed any mans bloud ; who is none of those heathen kings within hugh peters text , psalm 149. 7 , 8. whom the army-saints have not only bound in * chains , but intend to execute , not with the two-edged sword of the word of god according to the words of the sense of the text , but with the a● and sword of iustice , contrary to the text , without and against all president , law , and justice , to the eternall infamy of our religion , which detest such jesuitism : ) and shall never enjoy temporall , spirituall , or eternall peace in earth or heaven , nor any blessing or protection from the god of peace , who in his own due time , i● despite of all the devills in hell , and iesuites , forces or armies upon earth , will create peace for , and settle it amongst us to our own hearts content : the speedy accomplishment whereof , as it alwayes hath been , so it ever shall be the constant prayer and endeavour of thine and his countryes wel-wisher , and the armies captive , william prynne . from the sign of the kings-head , iune 22. 1648. mr. prynnes letter to the borough of newport in cornwall , for which he serves in parliament . gentlemen , being freely and unanimously elected by you ( without my privity or seeking ) to serve as one of your purgesies in this parliament , i have since my entrance into the commons house ( the 7 th of nevem . last ) endeavoured to the best of my skill and judgment , faithfully to discharge that trust and duty you reposed in me , ( according to my conscience ) to put a speedy and happy period to our unnaturall long-lasting bloody wars , and settle a firm well-grounded peace , upon such terms of honor , freedome , safety , and advantage , as no subjects under heaven ever yet enjoyed from the creation till this present . what my indefatigable endeavours were herein , in drawing up all the bils upon the kings concessions in thellate treaty , is wel known to most of the members then sitting , and what i delivered in the house upon the debate of the kings answers to our propesitions upon the whole treaty ( with a sincere and publique spirit , aiming at nothing but yours and the whole kingdoms felicity and prosperity , not any private interest of mine own ) i have sent you here in print , being falsly charged by a new erected generall councell of officers of the army ( who have traiterously usurped to themselves the supream authority of the kingdom , and against the known priviledges of parlia . the liberty of the subjects , and the law of the land forcibly seised on my self , and divers other eminent members going to the house to discharge our duties , on the 6 th . and 7 th . of decemb. last , in pursuance of the treaty , and secluded me and them from sitting there ever since , to yours and the whole kingdoms prejudice ) among other secured members in the gross , for an apostate from the publike trust which you reposed in me , only for this speech , and the vote of the whole house ; for the settlement of the kingdom● peace , made in pursuance of it ; they having no particular matter ●else to charge me with ( had they any just power to impeach or seclude-me , which they have not ) but this alone . how perfidiously and injuriously they have dealt with , and how scandalously they have traduced and libelled against me , and the other restrained members in print , upon this occasion only , you may read in the epistle to the reader , though mine and the other members innocency be so perspicuous , that they confesse , they have yet no particular matters of impeachment against us , after above 7 weeks imprisonment , but promise shortly to produce some [ if they can : ) whereas their owne treasonable rebellions , violences , perjuries , and crimes written with sun-beams in their very forcheads , are visible to all the world , and need no witnesses to prove their guilt ; their late unparallel'd exorbitances and proceedings both against the king , parliament , lords , members , city and country being known and apparent unto all i shall therefore appeal from these usurpers , ( who have no more authority to question or restrain me , for any reall or pretended breach of my trust , as a member , were i guilty of it , then the meanest servant hath to call his master to account for mis-governing his family or to shut him out of doores : ] unto you alone , who elected me , and are best able to know and judge of your owne trust ; desiring your speedy resolution of this question , whether in that herein spoken or voted by me , i have any wayes violated the trust or faith which you and every of you reposed in me ? for which speech and vote , though i am judicially accountable only to the commons house , which knowes the true grounds upon which i went , and can only truly judge of what was there spoken and voted ( none being * fit to judge any thing but those who know and hear it too ) the majority of which house concurred with me in the vote , without any division : yet , i hold my selfe in some sort ministerially accomp●able unto you for whom i serve , as the properest iudges , without the house doores , of what i spake or voted in your behalfe . from whom i shall humbly request so much right and justice , upon the perusall of the inclosed speech and papers , ( which i desire may be read openly before all my electors at your next publique meeting ) as to testifie to the world under your hands and seais ( which you set to the returne of my election ) your own judgments and opinions , whether i have betraid or broken the trust you reposed in me or not , by what i spake or voted in this debate ? and what sense you have of the armies forcible secluding and imprisoning me [ your burgesse ] from the house , among other members , above seven weeks space together , contrary to mine and your undoubted priviledge ; how far you conceive your selves obliged by ought that hath been or shall be concluded , or voted in the house during the armies force upon it ; and your burgesses [ and most other members ] violent seclusion thence , against all law and president , and what reparations you expect for this high injustice to your selves and me : with what else you-think fit to determine touching the premises : and if you deeme it necessary , to returne your results herein to me , with all convenient speed : who shall make the best advantage thereof for yours , mine own and the kingdoms benefit : whose peace by ( gods blessing ) had beene fully settled to your hearts content before this time , had not the enemies of peace ( who gain their livings by the warres ) interrupted our proceedings , by imprisoning and s●●luding the greatest part of the members , and particularly from the kings head in the strand ian. 26. 1648. your most affectionate friend and faithfull servant and burgesse william prynne . to his honoured friends the vianders and free burgesses of the borough of newport in cornwall , these present . the substance of a speech made in the house of commons , by william prynne of lincolns inne esquire , on munday the 4th . of decemb. 1648. touching the kings answers to the propositions of both houses upon the whole treaty , whether they were satisfactory or not satisfactory ? mr. speaker , being called to be a member of this house without my privity or seeking and against my judgment ( having formerly refused many places freely tendered to me ) by the unanimous election ( without one dissenting voice ) of that borough for which i serve , and by a divine providence entring within these doors in this great conjuncture of the highest publique affairs that ever came within these wals , wherein the very life or death , the weal or ruine of this kingdom , ( if not of scotland and ireland too ) consist in our ay or no , upon the question now debating , i shall with the greater boldness , crave liberty to discharge my conscience towards god , and duty to my dying country , which now lies at stake : and so much the rather because [ for ought i know ] it may be the last time i shall have freedome to speak my minde within this house . that i may , in this great debate more sincerely speak my very heart and soul without any prejudice , i shall humbly crave leave , briefly to remove two seeming prejudices , which may ( perchance ) in some members opinions inervate the strength of those reasons i shal humbly represent unto you , to make good my conclusion touching the satisfactorinesse of the kings answers to the houses propositions . the first , is that wherewith some members have upon another occasion the last week , and now again tacitely aspersed me , that i am a royal favorite [ alluding to the title of one of my books , out of which some have collected an abstract in nature of a charge against the king , and this day published it in my name ] and am now turned an apostate to the kings party and interest . to which i shall return this short answer , [ i hope without any vain-glory or boasting , being thus provoked thereunto . ] that i have opposed and written against the king and his prelates arbitrary power & illegal proccedings more then any man. that i have suffered from the king and prelates for this my opposition , more then any man. that if the king and prelates be ever restored to their pristine arbitrary power and illegall prerogative , i must expect to suffer from them as much , if not more then any man. that all the royal favour i ever yet received from his majesty or his partie , was the cutting off both my ears , two several times one after another , in a most barbarous manner ; the setting me upon three severall pillories at westminster and in cheapside , in a disgraceful manner , each time for two houres space together : stigmatizing on both cheeks : the burning of my licenced books before my face by the hand of the hangman : the imposing of two fines upon me of 50001.2 peece ; expulsion out of the innes of court and university of oxford , and degradation in both , the losse of my calling almost nine yeares space , the seisure of my bookes and estate , above eight years imprisonment in several prisons , at least 4 of these years spent in close imprisoment and exile in carnarv an in northwales , and in the lsle of iersey , where i was debarred the use of pen , inke , paper , and all books , almost but the bible , with the least accesse of any friend , without any allowance of diet for my support . and all this for my good service to the state in opposing popery and regall tyranny ; for all which sufferings and losses , i never yet received one farthing recompence from the king or any other , though i have waited above 8 years , at your doors for justice and reparations , and neglecting my own private calling and affairs imployed most of my time , studies , and expended many hundred pounds out of my purse , since my inlargement , to maintain your cause against the king , his popish and prelaticall party . for all which cost and labour , i never yet demanded nor received one farthing from the houses , nor the least office or preferment whatsoever , though they have bestowed divers places of honour upon persons of less , or no desert nor did i ever yet receive so much as your publike thanks for any publike service ●on you , ( which every preacher usually receives for every sermon preached before you , & most others have received for the meanest services ) though i have brought you off with honor in the cases of cant. and macg. when you were at a loss in both ; & cleared the justness of your cause when it was at the lowest ebb to most reformed churches abroad , ( who received such * satisfaction fro my books , that they translated them into several languages , ) & ingaged many thousands for you at home by my writings , who were formely dubious & unsatisfied . now if any member or old courtier whatsoever shal envy my happiness for being such a royal or state favorite as this , i wish he may receive no other badges of royall favour from his majesty , nor greater reward or honor from the houses then i have done ; and then i beleeve he will no more causlesly asperse or suspect me , for being now a royal favourite , or apostate from the publike cause . true it is ( which it behoves me now to touch ) that about 4 years since i published a book , entituled , the royal popish favorite ; wherein [ as likewise in my hidden works of darknesse brought to publique light ; published a year after it ] i did , with no little labour and expence , discover to the world , the severall plots and proceedings of the iesuites , papists , and their forraign and domesticke confederates , to introduce and set up popery throughout england , scotland , and ireland , and how farre they had inveagled the k. not only to connive at , but to countenance and assist them in a great measure , more fully & evidently then any else had done . and those worthy members of this house who drew up that declaration whereupon they voted , no more addresses to the king , plowed but with my heyfer , borrowing all or most of their real materials from my writings ; a convincing evidence , that i am yet no more a royal favourite then themselves . yet this i must adde withall , to take off that aspersion , of being an apostate from my first principles , that i never published those books ( as i then professed in them , and now again protest ) to scandalize or defame the king , or alienate the peoples affections from him , much lesse to depose or lay him quite aside , though i am clear of opinion , that kings are accountable for their actions to their parliaments and whole kingdoms , and in case of absolute necessity , where religion , laws , liberties , and their kingdoms will else be inevitably destroyed by their tyrannicall and flagitious practises , be deposed by them , if there be no speciall oaths nor obligations upon their consciences to the contrary , ( which is our present case : ) much less did i it out of any malice or revenge for the injustice i received from him in the executions done upon my person and estate , which i have long since cordially forgiven , and do now again forgive him from my soul , beseeching god to forgive him likewise : but meerly to discover his former errours in this kinde unto himselfe , that he might seriously repent of them for the present , and more carefully avoid , and detest them for time to come : and that the parliament and whole kingdom might more clearly discern the great danger our religion was in before we publikely discerned it , and the several wayes and stratagems by which popery got such head and growth among us , that they might thereby the better prevent the like plots and dangers for the future by wholesom laws and edicts , as i have more largely declared in the books themselves . this grand prejudice against me being thus removed , i proceed to the the second , to wit , that i am an enemy to the army ; and therefore what i shall speak , may be interpreted to proceed only from opposition against them , and their remonstrance , concerning which i freely uttered my suddain thoughts immediately after its reading in the house . to this i answer , that i have alwaies been a real friend , and welwisher to this army from their first modelling til now , in what ever they have acted in their sphear , as souldiers for the publique safety . when they were first formed into a body , the committee of accompts ( whereof i was a member ) & those they engaged , advanced about thirty thousand pounds of the fourscore thousand , to set them out . since that , i have freely contributed towards their pay , prayed constantly for their good success , joined in all publike thanksgivings for the victories obtained by them ; made honorable mention of them and their heroick actions in some of my writings , and particularly dedicated one book , i since compiled , to the general himself , ( as i had done former books to others of your generals ) for to do him all the honour that possibly i could , for his renowned actions . besides i have lately signed warrants to get in their arrears , and promoted an ordinance for that purpose , all i could since my entrance into this house . all which considered , with this addition , that some of them have bin my ancient intimate friends , & never did me the least injury , i hope no member can be so partial , as to report me such a professed enemy to them , as in this grand debate to go against my judgment or conscience in opposition only unto their desires . true it is when the army have forgot their duty , or offered violence to the priviledges , members , freedom or proceedings of parl. or endeavoured to engage them to break their publike faith to the king or kingdom , in breaking off the treaty , contrary to their votes and engagement , or to infringe their solemn league and covenant , or to enforce them to subvert the fundamental government , laws , & liberties of the kingdom , or the very freedom and being of parl. as they have done in their late remonstrance , and declaration , and some other printed papers since , & heretofore , i have then ( in discharge of my covenant , conscience , and duty ) opposed and spoken against these their exorbitances , as much as any , not out of malice , but out of love , to reclaim them from their evill destructive courses and counsels , according to gods own precept lev. 19. 17. thou shalt not hate thy brother in thy heart , but shalt in any wise rebuke thy neighbour , and not suffer sin upon him . and seeing i have alwayes with like freedome opposed and written against the exorbitances and errour of the king , court , prelates , parliament , committees , presbyterians , independents , lawyers , and all other sorts of men in reference to the publick good , the army and their friends have no cause at all to censure me as their enemy , but rather to esteem me as their friend , for using the like freedom towards them , and their exorbitances , especially in this house . having removed these two prejudices , i shall now addresse my self to the question in debate , which hath been thus propounded , whether the kings answers to the propositions of both houses taken altogether upon the whole treaty , be satisfactory or unsatisfactory ? this being an equivocall question not hitherto clearly stated and debated by those who have spoken to it , most of them being much mistaken in it , i must crave leave to give you the true state of it , before i shall debate it ; for which purpose i must distinguish , in what sense it is not satisfactory to any in this house , & yet in what respect it will appear satisfactory to all or most of us , who are not blinded with passion or prejudice agaisnt the king , or misled by affection meerly to please the army , which many have made their principal argument , wherefore it is not satisfactory . if the question be propounded and intended in this sense , whether the kings answers to all the propositions be satisfactory ? that is , whether the king hath granted all the propositions sent unto him in as large and ample manner as both houses did propound them ? then it is certain , his answers are not satisfactory , in tha which concerns delinquents , bishops and bishops lands , and the covenant , though they are voted satisfactory as to all the rest by both houses . and in this sense only , those who have concluded them not satisfactory , have stated and disputed the question . but this , under favour , neither is , nor can be the state or sense of the question , for these reasons . first , because these propositions were sent by the houses to the king , not as bills of parliament , to be granted in terminis without debate or alteration , but only as propositions to be debated & treated upon personally with the king , as the votes of both houses , and instructions to the commissioners sent to the isle of wight , resolve past all dispute : now it is directly contrary to the nature of all treaties , especially such as are personall , to tie up the parties of either side so precisely , that they shall have no liberty to vary from their first proposals in any particular , or if they condescend not to what ever was at first demanded by the stronger party , that the condescensions should not be satisfactory though they yeeld to all just things , and fall short only in some few of least concernment . this is evident by all treaties heretofore between england , france , spain , and other forraign nations , if you peruse their first demands , which were never condescended to , but alwaies receded from , and qualified in some particulars on either fide , iniquum petas , ut justum fer as , being a rule in treaties amongst statesmen . there have been many treaties during these wars , between the officers of the parliament and kings party about surrenders of divers cities and garrisons , wherein the first propositions on either side have been moderated or changed , and yet agreed and accepted at last as satisfactory to both sides . in all ordinary treaties concerning marriages , purchases , and ordinary bargains in fairs , markets or shops , there are usually greater sums of money demanded at first on the one , and lesse proferred on the other side , then is accepted and given at last , and yet both parts close , agree and are ful satisfied : so may we do now with the king upon the whole treaty , though the king grants not fully all that we at first proposed . secondly , because the houses have already voted , the kings concessions of the great offices of england and ireland to be at their disposal for 20. years , to be satisfactory ; though their demand was for perpetuity : which they would not have done , had the satisfactorinesse of the kings answers depended upon the full concession of that proposition as amply as it is penned . thirdly , because the houses in their last propositions demand farre more then ever they did in most former treaties , and the king hath granted them more now in this then they have demanded heretofore ; and therefore having granted more then what would have fully satisfied them in former treaties , his concessions in this may be fully satisfactory to us , so far as to close with him , to settle a firm peace in the kingdome ( now at the brink of ruine ) though they fall short in somethings which we now propounded . ) which do not much concern our security , as i shall prove anon . the true state then and sense of this question must be this , and no other . whether the kings finall answers to the propositions of both houses in this treaty , considered and weighed all together , be not so full and satisfactory in themselves , that this house may and ought to accept of and proceed upon them , for the speedy settlement of a safe and wel-grounded peace , both in church and common-wealth , rather then reject them as unsatisfactorie , and so hazard the life of all , and the perpetuating of our wars and miseries ? in this sense , i humbly conceive and hope to evidence them so clearly & fully satisfactory , that we can neither in point of duty , prudence , justice & honor , or conscience reject them as unsatisfactory , but ought to imbrace them , as the only safe & ready way to our peace and settlement , though they come not up so fully to some of our propositions , as i could have heartily desired , for the avoiding of this hazardous debate . for my clearer progresse in this grand debate i shall observe this method . first , i shal clearly manifest , that the king in this treaty hath granted us whatsoever we can wel desire for the present settlement & future security of the common-wealth or state , when ratified by acts & a regal oath , as is intended ; yea , far more then ever our ancestors , or any subjects in the christian world enjoyed or desired of their ks. for their security & preservation against their armed power , or legal prerogatives . secondly , that the king hath granted as much in this treaty , as will settle and secure the peace and government of our church and religion against popery and prelacy on the one hand , and prophanenesse on the other hand ; and more then we or any protestant churches ever enjoyed , or demanded heretofore for their security and settlement . when i have made good these particulars and answered the objections made against them ; i hope every one of us , who have any ingenuity , reason , or conscience in their brests , and are not transported with passion , or private engagements to the contrary ; will , and must of necessity vote these answers satisfactory in the sense forestated . i shall begin with the first of these ; namely , the kings answers to all these propositions which concern the present settlement , and future security of the state and republike against any armed force , or invasions of the regall prerogative , to the enslaving or prejudicing of the subject ; which in my poor judgement are so full and satisfactory , that little or nothing can be added to them ; and if we well consider them , we have cause to say ; o fortunati nimium bona si sua norin● ! i shall give you a full view of them all , because many of them have not been so much as once remembred in this debate , and apply them to our present settlement , and future safety , as i mention them . the first proposition , for the settlement of a safe and wel-grounded peace , is that which concerns the justification of the parliaments war , declaring it by an act of parliament to be passed , to be in their just and lawfull defence : justifying the solemn league and covenant in prosecution thereof : and repealing all oaths , declarations , and proclamations heretofore had , or hereafter to bee had against both or either houses of parliament , their ordinances or proceedings , or against any for adhering unto , or executing any office , place , or charge under them , and all judgements , indictments , outlawries , attainders , & inquisitions in any of the said causes , and all grants thereupon made , had , or to be made or had , to be declared null , suppressed , forbidden , and never put into execution . and this to be published within all parish churches , and all other places needfull within his majesties dominions . to this proemiall and advantagious proposition , the king hath fully and readily condescended at first , in every tittle , as was desired . by this concession , the parliament hath gained sundry considerable advantages , tending to their present honour and future security . first , a full publick acknowledgment of the justnesse of their warre and cause , to be ratified and perpetuated to posterity by the highest record that can be , an act of parliament , and that to be read in all parish churches throughout england , ireland , and other the kings dominions ; and proclaimed in all counties , cities , corporations , and at assizes and sessions of the peace ; that so all men may take publick notice of it . which is such an honour to , and justification of them and their cause , as was never condescended to by any king that took up arms against his subjects since the creation to this present : and so low a humiliation and legall disclaimer in the king of his warre against the parliament , and disavowing of his cause and party , as could possibly be imagined or expected . secondly , it secures the lives , liberties and estates of all the members of both houses engaged in these wars , and of all persons whatsoever that have adhered to , or acted for them , against all former , present , and future impeachments , prosecutions and judgments whatsoever ; and makes void and nul , what ever hath been , is , or may be objected against them . which coupled with the act of indempnity and oblivion , proposed by the king , and agreed to by the houses , wil extraordinarily secure , pacifie , & content all wel-affected members , and persons who have adhered to them in this cause , and preserve them from the danger of 25 e. 3. and other laws concerning treasons , which otherwise upon any revolution of times and affairs , might by corrupt judges and instruments be extended and rested to their prejudice aud undoing . thirdly , it laies a foundation for the lawfulnesse of a defensive war by authority of both houses , upon the like occasion , in all future ages , without incurring the guilt of treason or rebellion ; which will be a great encouragement and security to the subjects , and engagement to them to adhere to the parliament in after-times . fourthly , it wil very much discourage and deter all kind of men from taking up arms in the kings , his heirs and successors behalfe , against the houses of parliament , when they shal cast their eyes upon this act and behold the king himselfe passing such a censure upon all his own proceedings , and retracting his own oaths , proclamations , commissions , inditements , grants , against such members & all others who have now taken up arms against him , for the houses & kingdoms defence . so as this very first proposition only , if well weighed , without any others added thereunto , being so fully and freely consented unto by the king , tends very far towards our present settlement and future safety , being more then was ever thought of , or desired in the treaty of peace , in february and march , 1642. the second proposition fully granted by the king for the setling and securing of the state and religion too , against the kings armed power , is the setling of the whole militia by sea and land , and navy of england , ireland , and the isles and dominions thereunto belonging , by act of parliament , in the hands and disposall of both houses , and such as they shall appoint , for the space of twenty years : with power to raise moneys for all forces raised by them for land or sea service , during that space or time ; which forces are authorised to suppresse all forces raised or to be raised in , or any forraigne forces which shall invade the realms of engl. ireland , or the dominions and isles thereunto belonging , without authority and consent of the lords and commons in parliament : and it further provides , that after the expiration of the said 20. years , neither the king , his heirs and successors , nor any person or persons , by colour or pretence of any commission , power , deputation or authority to be derived from the king , his heirs or successors , or any of them , shall raise , array , train , imploy or dispose of any of the forces by sea or land of the kingdomes of england and ireland , the dominion of wales , isles of g●ernsep and iersey ; or of barwick upon tweed , nor execute any power or authority touching the same , invested in the two houses during the space of twenty years , nor do any thing or act concerning the execution thereof , without the consent of the lords and commons first had and obtained . and that after the expiration of the said twenty years , in all cases wherein the lords and commons shall declare , the safety of the kingdome to be concerned , and shall thereupon paffe any bill for the raising , arming , training and disposing of the forces by sea and land of the kingdomes , dominions , isles and places aforesaid , or concerning the leavying of moneys for the same , if the king , his heirs and successors shall not give the royall assent thereto , within such time as both houses should think conveent , that then such bil or bills after declaration made by the lords & commons in that behalf , shall have the force and strength of an act or acts of parliament , and be as valid to all intents and purposes , as if the royal assent had been given thereunto . after which it disables any sheriffe , justice of the peace , majors or other officers of justice , to leavy , conduct , and imploy any forces whatsoever , by colour or pretence of any commission of array , or extraordinary command from the king , his heirs or successors , without consent of both houses . and concludes , that if any persons to the number● of 30 shall be gathered together in warlike manner , or otherwise , and not forthwith disband themselves , being thereunto required by the lords and commons , or command from them , or any other specially authorized by them , that then such person or persons not so disbanding , shall be guilty and incur the pains of high treason : any commission under the great seal , or other warrant to the contrary notwithstanding , and be uncapable of any pardon from his majesty . his heirs and successors , and their estates disposed of as the lords and commons shall think fit . to all this new grand principle security of our present and future peace and settlement , the king hath given his full and free consent in terminis . and what greater security then this wee can imagine or demand against the kings armed power and sword of war , transcends my capacity to imagin . therefore if we have not lost our brains and consciences too , we cannot but vote and conclude it satisfactory , and restabundantly contented with , yea exceeding thankful for it . and that upon all these ensuing considerations . first , both houses in their treaty with the king in february , and march , 1642. * demanded only the militia of england not of ireland , yet so , as they did leave the nomination and disposing of the chiefe commanders , officers , and governors of the militia , forts and navy of the kingdome , to the king : provided only they might be such persons of honor and trust as both houses might confide in : and likewise promise restitution of all moneys , forts , garrisons , arms and ammunition of the kings which they had seized upon , or to give him present satisfaction for the same ; which being granted and performed , they professed , it should bee their hopefull endeavour , that his majesty and his people might enjoy the blessing of peace , &c. and be derived to him , and to his royall posterity , and the future generations in this kingdome for ever . whereas in this treaty the king denudeth himselfe of the militia of england , and ireland too , and of the nomination and approbation of all officers , commanders , governors of the militia , or forces by sea or land ; and leaves all the forts , navy and magazines only to the houses disposall , without any compensation for his magazines or armes formerly seized by them . and if far lesse was deemed sufficient for our settlement and security then , much more will all this be thought so now . secondly , because the king hath wholly stript himself , his heirs and successors for ever , of all that power and interest which his predecessors alwaies enjoyned in the militia forces , forts , navy , not only of england , but ireland , wales iersey , garnsey , and berwick too , so as he and they can neither● raise nor arm one man , nor introduce any forraign forces into any of them , by vertue of any commission , deputation , or authority , without consent of both houses of parliament , and hath vested the sole power and disposition of the militia , forts and navy of all these , in both houses in such ample manner , that they shall never part with it to any king of england , unlesse they please themselves . so as the king and his heirs , have no military power or authority at all left , to injure or oppresse the meanest subject , much lesse the whole kingdome , or houses of parliament , had they wills to doe it ; and the houses having all the militia by land and sea , not only of england , but even of ireland , wales , garnsey , iersey and berwick , to assist and secure them in case he or his heirs should attempt to raise any domestick , or introduce any forraign force against them , is so grand , so firm a security in all probability , for insuring and preserving of our peace , religion , lawes , liberties , lives , and estates , against regall force and tyranny , that none of our ancestors ever demanded or enjoyed the like , nor no other kingdome whatsoever since the creation , for ought that i can find in histories or republicks ( who have perused most now extant to do you service ) and such a selfe-denying cond●sconsion in the king to his people , in this particular , as no age can president . in the 17 year of king iohn , the barons having by force of armes , * compelled him to confirm the great charter at runningmead , near windsor , thought this their greatest security , that 25 of the eminentest barons should be made conservators of the magna char. and that all the rest of the barons and people should take an oath to be aiding and assisting to them in their preservation thereof ; and that the king should surrender into their hands his four principall castles , that so it he infringed his charter , they might compell him to observe it . this was the highest militia , and security of that kind our ancestors ever demanded or enjoyed ; ( which is nothing comparable unto that now granted us by the king , ) who rested satisfied therewith . 3. because the king and his successors are hereby not only totally disabled to raise any forces to oppresse the people , or disturb their peace , and settlement , but all persons discouraged from aiding or assisting them by any commission or authority whatsoever , under pain of high treason , and losse both of life and estate , at the pleasure of both houses , without any benefit of pardon from the king , disabled for to grant it . so great a discouragement for any persons of fortune or quality , to appear for the king or his party in the field for time to come , that in all humane probability , none ever will or dare to appear in arms hereafter for the king , against the parliament , being sure to forfeit all without any hopes of pardon . and if this act had been passed as a law before our wars , i dare presume not any one english lord , or gentleman durst once to have appeared in the field for the king , and wee had never felt the miseries of a civill war. fourthly , because the militia of ireland , ier●y , guernsey , and wales as well as england , is wholly transferred from the king , to the houses , so as we need fear no danger thence ; and the militia of scotland being in their parliaments disposall , if wee hold a brotherly correspondency with them , i know no other enemies we need to fear ; for the navy being in the houses power , wee need not fear any forraigne invasion that can hurt us , if we can agree at home . all which considered , i dare assert , we have now the greatest security of any people under heaven against all armed regall force and power , the king having given up all his military power into the houses actuall possission , and resigned his sword and armes into their hands . and if we refuse to accept it now he so freely resignes it , we may fight till doomesday , but never win nor hope for the like security or advantage ; yea the present age and all posterity will curse and abhor us , for not embracing , and resting satisfied with such unparalleld security . but is this all the security the king hath granted us in this treaty ? no verily : there is yet much more behind , which hath not yet been opened . the kings of england , have alwaies held two swords in their hands , which when ill managed , have hurt & destroyed their subjects . the first is the sword of mars , in times of war , which is already sheathed , and resigned into the houses hands by the precedent concessions , so as it can never wound them more . the other is the sword of iustice in times of peace ; and this likewise the king hath wholly given up into the houses power , for twenty years , as he hath the militia ; so , that it can never hurt them nor any english man or other subject hereafter , at least for twenty years . this sword was formerly intrusted by the king in the judges and great officers hands● had they been so couragious , so upright as they should , the king could never have wounded or ruined the meanest of his subjects with this sword. shipmoney , kingh●hood , with other grievances & monoplies , neither would nor could have been imposed on the people by the kings prerogative or power , had the judges , according to law and duty , declared them illegall . the kingdome can do no injustice to any , it his judges be so just and stout as to do justice . whereupon this house impeached only the judges , not blamed the king , for the project of shipmony , to which their opinions in mr. hampdens case , gave life & vigor . now the king in this treaty , hath for twenty yeeres at least , granted to both houses the nomination and appointment of all the great officers , civill or military , and of all the judges and barons of his courts and exchequers within england and ireland , to continue in their places only , quom diu bene se gesserint . so as these great officers & judges having now no dependence at all upon the king , who can neither place nor displace any of them , but wholly upon the houses of parliament , and such as they shall appoint to nominate them in the intervals of parliament ; if the houses have a care to make good officers and judges in all courts at first ; and to displease and punish them ( as they may and ought to do ) when they degenerate , or misdemean themselves , the king with all his legall power now left him , can neither injure nor oppresse the poorest subject in body , goods or , estate ; nor protect the greatest malefactor from justice . and what more can we desire to expect for the security of our lives , liberties , or estates than this ? besides , as the● king hath intrusted you with the sword and courts of justice and revenue , so hath he with his conscience and courts of equity too : you have the nomination of the lord chancellours , lord keepers , and commissioners of his great seals of england and ireland , of the chancellours of the exchequer and dutchy , and masters of the rolls , as well in ireland as england , who are the dispensers of his equity & conscience to his subjects , the issuers of al his commissions , writs , patents , and keepers of all his publique records . if this be not enough , you have the disposall of his purse , and treasure too : the nomination of the lord treasurers both of england and ireland , of the chancellours and barons of the exchequers in both , and of the vice-treasurer and treasurer of wars in ireland . would you have yet more ? you have the nomination of the lord deputy , and chief governour of ireland , and of all the presidents of the severall provinces of that kingdome for twenty years , and of all other forenamed great officers , judges and treasurers there ; a great strength and reall addition to the militia of that kingdome , which can never doe us harm , if we accept of these concessions , which invest us in such power there , as no parl. of england ever yet expected nor laid claim to . what is there yet remaining for your safety ? perchance you will suspect , the king may have many secret designs and intercourses with forraign enemies and states , and grand malignants at home , to undo all , which we shall never discover without some further provisions then yet we have made . truly no : you have a remedy already provided and granted for this ; the nomination and appointing of the lord warden of the cinque-ports , the principall gates to let in , or keep out forraign enemies or spies ; and of the secretaries of state , who will be privie to all his maj. secrets and transactions of publick concernment , receive all letters of intelligence directed to him , and most commonly return all answers to them . there is now but one thing more wanting to make this security compleat and firm , the kings great seals of england and ireland , the greatest regall assurance & confirmation he can give you ; and of these you have both the custody and disposal , having the nomination & appointment both of the l. chancellors , l. keepers , and commissioners of the great seal in england and ireland . to summe up all these grants together ; some parliaments in former times have had the nomination of the lord chancellor , some of the lord treasurer , some of the great iusticiar or some few judges of england only : but never any parliament of england claimed or enjoyed , the nomination and appointment of any the great officers , barons , iudges , or treasurers places in ireland , nor yet of the l. warden of the cinque-ports , chancellors of the exchequer and dutcby , secretaries of state , master of the rolls , or bar●ns of the exchequer of england ; yet all these the king for peace sake hath parted with to us ; and shall we be yet so froward and peevish , as not to be satisfied with all those offices ? we have a long time mocked and abused the world , with a self-denying ordinance , disabling any member to retain or receive any civill or military office , by grant from the houses , whiles he continces a member ; though there is scarce one day , or week at least doth passe , but we are still bestowing some place or office upon members , for which we are weekly censured and reviled in printed pamphlets , and become odious to the kingdome . but here is a self-denying act and ordinance in good earnest , in the king , in parting with so many offices , ( of which he and his predecessors have had the sole disposall for some ages without interruption , ) to the houses ; & shal we not yet rest satisfied ? if not , what will the whole kingdome , what will all forraign kingdoms and nations report of us ? but that we are so foolish , so unreasonable , that nothing can or will content us , because we are resolved not to be content with any thing that the king shall grant us , be it never so advantagious for our present or future safety , and settlement . but seeing we have the disposall of all these officers in england and ireland , both military and civill , of his sword of war and peace , his justice , his conscience , his purse , his treasury , his papers , his publick records , his cabinet , his great seal , more then ever we at first expected or desired : i must really for my owne part , professe my selfe abundantly satisfied with these concessions , and so must every one who hath so much judgement , as to understand the latitude & consequences of them for the whole kingdomes , and dying irelands safety , settlement , especially at this season , when they are so neer their ruin . to this i shall adde another grant of great concernment for the peace and safety of this nation , which the king hath fully consented to in this treaty , and i presume no member of this house will rest unsatisfied therewith , when he fully understands it . both houses of parliament upon the lord keeper littl●tons deserting of the house , and conveying away the great seal ; were pleased for the better distribution of justice , and transaction of the great affairs of the realm , to appoint a new great seal to be made . the ordinance for its approbation and use sticking long in the lords house , who were somewhat doubtfull in point of law , i thereupon compiled and published a treatise , intituled the opening of the great seal of england , which fully satisfied them , and opened the doors to let it out , for publick use , though some who have had the custody of it ( as mr. speaker knowes ) have but ill requited me for this my pains & good service . many grants , commissions , presentations , writs , processe , proceedings , and other things have passed under this great seal , ( and some patens for offices and bishops lands , to members of this house , who differ in opinion from me , and yet would be glad to have their patents confirmed by an act of parliament . ) the king in this treaty , hath not only consented to ratifie all the grants &c. that have passed under this new seal , by act of parliament ; and to enact them , to be as effectuall to all intents & purposes as if they had passed under any other great seal of england heretofore used , but to continue it to be used hereafter for the great seal of england , and hath likewise so farre disclaimed his old great seal from the day it was carried from the parliament , that he is content , to make and declare all grants , commissions , presentations , writs , processe , proceedings and other things whatsoever passed under , or by any authority of any other great seal , since the 22 of may 1642. to be invalid and of no effect , to all intents and purposes ; except one grant to mr. justice racon , to bee judge of the kings bench , and some other writs , processe and commissions mentioned in that proposition : and he hath further yeelded , that all grants of offices , lands , tenements , or hereditaments , made or passed under the great seale of ireland , unto any person , persons , or body politick , since the cessation in ireland , the 15 septemb. 1642. shall be null and void , with all honours and titles conferred on any person or persons in that realme since that cessation . by this concession the houses of parliament and their adherents , have gained these extra ordinary advantages , most of them not to be paralleld in any age of king , from adom till this present . first , an acknowledgement of both houses authority to make and use a new great seal of england , without the king , in cases of extraordinary necessity . secondly , a power in the houses to null and voide the kings usuall great seal upon the making of their new , and conveying the old seal from the houses without their consent . thirdly , a ratification of all judiciall and ministeriall acts , writs , processe , presentations , grants , decrees , commissions and other things which have passed under the new seal since its making till this present ; which tends much to the qulet and settlement of many mens estates ; to the confirmation and justification of all legall proceedings in all courts of justice , and at all assises and sesstons of peace , held by vertue of commissions under this seal , and of justices appointed by it ( whose authority and proceedings might else hereafter prove disputable , and bee drawn into question : ) and to the fight constitution of the parliament it selfe , many members of this house being elected , and some members and assistants of the lords house being called thither , by vvrits under this new seal . fourthly , an absolute disavowing and repeall of all commissions whatsoever , or other things passed under the old great seal , against the parliament or its proceedings , and an exposing of all those of the kings party , who have acted any thing by any commission or authority under the seal against the parliament , to publick justice , who cannot plead it in barre or excuse in any court , after it shall be nulled and repealed by an act. fifthly , a great disparagement , dishonour , and disadvantage to the english cavaliers , irish rebels , and their cause and proceedings , with a future disingaging of them and al their party from the king and his interest , who hath so far dishonoured , deserted , and disclaimed them , as thus to null and repeal all honours , titles , grants of offices , lands , or tenements bestowed on any of them , for any services done , or assistance given by them to the king in his warres against the parliament : a very high point of humiliation and self-deniall in the king , and such a blow to his popish and malignant party , that i dare presume they will never engage in his behalfe , nor trust him for the future : which will much conduce to the settlement of a firm and lasting peace , and prevent new vvars , if accepted of . 6ly . indempnity and security for all the commissioners of the new great seale , against all scruples which may arise upon the statute of 25. e. 3. for using and sealing with it , if ever the times alter : which every prudent man will readily embrace , where it is freely offered , and not peevishly reject , in such an age of danger and incertainty as this , in which no man is secure of his life , liberty , or estate on either side . the next concession of the king in this treaty is this : that by act of parliament , all peeres made since edward lord littleton deserted the parliament , and convey●d away the great seale on the one and twentieth day of may 1642. shall be vn-peer'd and set by . and all other titles of honour , and precedency ( as lordship , knighthood , and the like ) conferred on any without consent of both houses of parliament since the twentieth of may , 1642. shall be revoked and declared null and void to all intents , and never hereafter put in use . and that no peere who shall be hereafter made by the king , his heirs or successors , shall sit or vote in the parliament of england without consent of both houses of parliament ; this concession of the kings is of great concernment to the kingdome , and i conceive , without president , or example in any age or king in the christian world . first , it secures us from our formerly feared danger of a designe in the king , by new created peers , to make an over-ruling party at any time , in the lords house , wherein the iudicatory of the parliament principally consists : which danger and inconvenience , by secluding the bishops out of that house by an act already passed , and by this disabling all new peers hereafter to be made , to sit in that house without consent of both houses , is for ever totally prevented . secondly , it gives such an extraordinary new power to the house of commons , as they never formerly enjoyed or pretended to ; to wit , that no peer created by the king himselfe , or by the king or lords in parliament , ( who usually created peers in parliament without the commons privity or consent in former times ) shall be henceforth inaabled . to sit or vote as peers of parliament , but by consent of the house of commons as well as of the king and lords . by which provision , the commons are made not only , in some sense , the judges of peers themselves ( which they could not try or judge beforeby the expresse letter of magna charta chap. 29. and the * common law ) but seven their very creators too . thirdly , it is an extraordinary prejudice and blemish on the kings cause , and an extream dishonour , dissatisfaction & disengagement upon his own party , then which a greater cannot be imagined . for what higher affront or disgrace could the king put upon those nobles , gent. & others who have spent their estates , lost their blood , limbs and adventured their very lives in this cause against the parliament , and received no other reward for it but an empty title of honour [ perchance a kightship , lordship , or the bare title of a marquesse , earl , or viscount , which they have enjoyed but a year or two , with little benefit and lesse content , ] to be thus by act of parliament with the kings owne royall assent , ( who conferred those titles on them for their gallant services in his behalfe ) thus suddenly degraded and divested of them all , as if they had never been ? a perpetuall brand to them & their posterity , who must be inforced to give place to such of whom they have had precedency & place by vertue of these dignities . which high affront and scorne , i am verely perswaded , will pierce and break many of their own , at least their ladies hearts , and for ever disoblige them in the highest degree . 4thly , it will make all the ancient and new nobility and peers of england lesse dependent on the king , & lesse complying to serve his ends upon all occasions , being never able to gratisie or reward them ( though never so ambitious ) with any new honours or peerships , without consent of both houses of parliament , whom they dare not displease , or disoblige , for fear of crossing them in their desired dignities and titles , as well as in their great offices , which are both now in their disposall not in the kings alone . in brief , the king in his concession , hath manifested the greatest humiliation and self-deniall , that any king since there was a kingdome in the world hath done . it is , and hath been the ancient and undoubted prerogative of all kings in the world , but especially of the kings of england , to conferre honours & dignities of all sorts ( especially knighthood ) on whom they shall think meet , and more principally on those who have merited it by their gallantry in the field ; as mr. selden proves at large in his titles of honour , and others who have written of that subject . now for the king out of a desire only of a happy peace and settlement , not onely to part with much of the royall prerogative which all other kings in the world enjoy for the future , but to repeal the honours and titles conferred by him on his adherents , for reward of their services in times past , during all these wars , is such a miracle and high degree of selfe-deniall , as no age hath produced the like , and that which most of this house , had the king prevailed , would have rather lost their lives ( had they conferred any such titles on their generalls and commanders ) then have condescended to , should the king require it : and therefore i cannot agree with those over-censorious gentlemen , who so oft inculcate this , that they can see no humiliation at al or change of heart in the king , when i find so great a change , and deep a humiliation in him in this , and all other forementioned free concessions , without any or little hesitation ; and i heartily wish their owne hearts were as much humbled as his , and then i doubt on : but they would thankfully embrace , & rest fully satisfied with his concessions for their owne and the kingdomes benefit . the next proposition tending to the peace and settlement of the kingdome is this . that the king do give his royall assent to such act or acts for the raising of moneys for the parliament , & satisfying of the publique debts and damages of the kingdome , and other publique uses as shal hereafter be agreed on by both houses of parliament . and if the king do not give his assent thereto , then it being done by both houses , the same shall be as valid to all intents and purposes , as if the royall assent had been given thereunto . to this proposition the king hath condescended , so as those acts be passed within two years after the treaty ended : which the houses have now voted to be satisfactory . this proposition secures all moneys lent upon the publike faith : all arrears due to officers & souldiers , yea all moneys advanced by any who have purchas'd bishops lands , for their losses by reversions after 99 years or any present rents , to be reserved to the crowne for the use of the church , ( with which those members who have purchased such lands or advanced moneys upon them , declare themselves most unsatisfied ) & all those who have sustained publique losses . yea , if the king denies his royall assent thereto , it enables both houses , to make a valid act of parliament without the king in this case , and in case of the militia likewise , which was never challenged by , nor granted to both houses in any kings reign before ; & takes away the kings negative voice as to these particulars : which those who conclude the kings answers unsatisfatory , have so much contended for , yet now stand in their own light , in not accepting of these concessions as satisfactory , and striking at the negative voice . the next concession of the kings for the settlement of the state , is the taking away of the court of words , and of all wardships and tenures in capite , or by knights service , which draw on wardships , primer seisures , liveries , and such like incombrances , to the intolerable vassalage and prejudice of the nobility and gentry of england , and great landed persons , and that only upon giving the king and his successors one hundred thousand pounds yearly for compensations , being one principall part of his royall revenue . this concession is of so vast consequence to the kingdome , to enfranchise the subjects from the norman yoak of bondage ( as some stile vvardships and tenures in capite , though others deem them more ancient then william the conqueror ) that our ancestors never enjoyed the like : it exempts mens heits under age , and their estates from being made a prey for hungry courtiers , or over-reaching committees of them & their estates : it exempts them from being married to any against their free consents , without any single or double forfeiture of the values of their marriages , to which they were formerly liable ; from marriages to persons of small , or no , or broken fortunes , and different dispositions , which have ruined many families , from many chargeable suits , expences , & excessive fees & gratuities to escheators , feodaries & all sorts of griping officers in the court of wards , and from vast expences and extraordinary vexation in finding , and traversing offices , suing out liveries &c. and many suits and questions arising thereupon , which have undone too many : and it deprives the king of such an over-awing prerogative over the persons and e●tates of the nobility and gentry , which usually fell into his custody after every tenants decease , as will very much weaken his interest in , and their over much dependence on him , and make them lesse subject to engage for , or with him against the parliaments or kingdomes common interest . the next proposition relating to the kingdomes safety and settlement , not so immediately and directly as any of the former , is that which concernes delinquents : in which alone ( as to the state ) the kings answers are pretended unsatisfactory , not in all , but only in some particulars , of no extraordinary concernment in my apprehension , though so much insisted on by many , as to vote all the treaty unsatisfactory . in opening the state of the kings answers to this proposition , i shall doe these 3. things : first i shall shew how far the king and you are both agreed . 2dly , in what particulars you really or seemingly differ . 3dly , i shall examine , whether these differences herein be of any such moment , as to induce the house to vote , the answers to this and the other propositions upon the whole treaty unsatisfactory , and so reject and lose whatever the king hath granted in the rest , because he hath not satisfied our demands in this one , and two others concerning the church . for the first , both houses by their votes , have thought this proposition touching delinquents , so needless to beinfisted on in every punctilio , for the publick settlement [ which will certainly more obstruct then promote it , merey & moderation being the nearest way to peace , and union ] that you have reduced , since the treaty , the persons excepted in the first qualification both from life & composition , from 37 to 7 only : six of those are beyond the seas , quite out of your power , the 7th , aged , scarce worth your execution . the king consents that they should be banished during the pleasure of both houses , which is a civill death , banishment being next to death , the severest punishment , and to some men , more grievous then present execution . but if that will not satisfie , then he leaves them wholly to your justice , to proceed against them , if you please , according to law , and promiseth not to interpose , nor pardon any of them if legally condemned ; only he adds ex abundanti , that he cannot in justice or honor , assent to any act , to take away their lives by a meer legislative power , ex post facto , if they have done nothing that was formerly capital by the known laws of the land , by which hee leaves them to be tryed . this answer many gentlemen who have spoken , have coucluded very unsatisfactory , and made many large descants on it , because they did not rightly weigh nor understand it ; when as in truth , it answers the very proposition in terminis : as i shall clearly manifest to all who understand what law is . first , it is apparent that one of the first quarrels and cause of taking up arms on our parts , was to bring delinquents to condign punishent , according to the laws and statutes of the realm , as you have declared to the kingdom in many printed declarations , and in your petitions to the king , you alwayes desired him , * to leave delinquents to the course of iustice ; not to cut them off by a meer legislative power , when as you could not doe it by any known law. secondly , you have professed to all the world , and to the king and delinquents themselves , that you have taken up armes to defend and preserve the ancient fundamentall laws and liberties of the kingdom , and to oppose the introduction of any arbitrary and tyrannicall power ; yea , your selves and the army likewise , have declared against all extraordinary proceedings and tryals in the lords house to fine or imprison without any indictment , or legall tryall by jury or verdict according to magna charta , and the common-law . therefore your bringing delinquents to punishment for life and estates , which in the first branch of this proposition must be intended only of a just and legall tryall ( as your selves have alwayes professed ) not by a new law in the post : and if so , then the king , in case you will not rest satisfied with the seven excepted persons banishment , is content to leave them to your justice , even for life and estate , according to the known laws of the realm , and will no wayes interrupt your proceedings therein , nor pardon them . therefore in this he fully consents to the proposition . but it hath been objected , first , that the king denyes to yeeld them up to justice , or to have any hand in their prosecution ; and therefore his answer is unsatisfactory . secondly . that this expression , that he ca● neither in iustice nor honour consent to any act for to take away their lives or estates , is as high a justification of them and his own cause , as possible , and contradictory to the first proposition , and declares the kings heart to be still in the same and unchanged . to which i answer : first , both these are so grosse mistakes and inconsequences , that i wonder how any intelligent man can insist upon them : for first , the king in positives terms , if you will not accept of their banishment , yeelds them up to a legall tryall , in which himself must be the prosecutor , the indictment being in his name , the prosecution at his suit by his counsell at law , and the witnesses produced on his behalf , as all men know , who understands what belongs to a legall tryall . therefore to infer from the kings answer , that he disclaims all prosecution of them , is direct contradiction and falsehood . secondly , the kings very condesconsion to their banishment and forfeiture of their estates for adhering to his cause and putting them upon their legall tryall , is an express disavowing of his own cause as just , and an acknowledgment of its badnesse and illegality ; and if the parliament should yeeld up those who have acted for and adhered to them to banishment , confiscation of estate , and legall tryall for their lives , i am certain the objectors themselves would protest , that therein they had betrayed their righteous cause , and deserted their best affected friends . thirdly , expressum facit cessare tacitum : the king having in direct terms , justified your cause and war as just , in the first proposition , acknowledged those persons exempted in this , and treated for under the very name & notion of delinquents , to be such , in this very proposition , and consented to their banishment and losse of estate , cannot without apparcht absundity be averred to justifie them and their cause in this his answer , which yeelds them up to the strictest legall justice , as delinquents . 5ly , those words of the king [ so much excepted against ] that he can neither in honour nor justice , consent to any act to take away their lives , who have acted any thing by his command , used and intended by him only in relation to his regall consent to a new law to condemn them , ex post facto , where there was no law before , are so farre from any exception , that for my part i should have held him neither just nor honourable had he omitted this expression . for can it be just or honourable for a king , to engage men in his service by special commission or command , when there is no known law to make their obedience criminall , and yet afterwards to give his royal consent to a subsequent law to take away their lives , & forfeit their estates for obeying his own royall commands ? suppose we were now in the kings condition and he in ours , and he should press you to consent to a new law , to make all those who have acted for you and by your commission in this war , traytors , and to lose their lives and estates for it , when there was no former law to punish them , would you not all give the self same answer as he doth , that you could neither in honor , nor justice ( nor yet in point of conscience ) consent to such a law ? and would not your selves and all other protest , you had neither justice nor honesty in you , should you be so base and persidious as to condescend unto it to betray all those you had engaged , and to give them such a requitall for their services ? would any person ever after honor , serve or trust you , should you do it ? or could you or any other honor , trust or serve the k. in any dubious imployment after this , if he should thus unworthily ex post facto betray his own party now ? this answer therefore of his clearly discovers to us , that there is yet so much justice and honor in him , as by no fear or danger to consent to such an unjust and unworthy act , as by a new law to cut off the heads of those himself engaged in his service , when there was no law extant then to do it , makes it more satisfactory unto me , then otherwise , and shews he doth not dissemble but is reall in his answers ; and i shall sooner trust and beleeve him now , then if he had consented to such an unworthy act . 6ly , this answer is both just and honorable , because if the king should assent to a new act to forfeit their lives and estates , he should condemne them rashly and unjustly without hearing their defence or evidence . and for the king to condemn any for traytors by a bil without hearing the cause or evidence against them , or to make men traytors by a law subsequent to their offences , is neither just nor honorable in every just mans judgment , and of very dangerous president , as * sir edw. cook , informs us , the lord cromwell , the inventer of such acts of attainder , being the first that lost his head by this new invention . all which considered , there is no rationall man but must conclude , the kings answer unto this branch touching delinquents , to be fully satisfactory even to your own demands , as well in words as substance , notwithstanding the objections against it . but admit the answer as bad as any have made it , shall we therefore conclude it so unsatisfactory as to break off the treaty upon it , and involve the kingdom in another war of which no man can know the end or issue ? god forbid we should ever be so unadvised . the persons whose lives you desire for a sacrifice to publick justice , are but seven in number , fix of them out of your power in forraign parts , where a new war will not reach them : the 7th an aged man , who may chance to dye before judgment or execution pass against him : you have all their whole estates at your disposal already , and their persons too by way of banishment , during both houses pleasure : and will you adventure another seven years war , and the losse perchance of seventy thousand mens lives , and as many millions of treasure to the ruine of the kingdome , for the bare lives of seven delinquents only , or in truth of one alone , who is fully in your power , which you may take away by a legall tryall without a war ? will not all the kingdome , nay all the three kingdomes , and whole world cry out upon you for such a frantick unadvised act as this ? yea and for such an unjust and wicked resolution , to hazard the lives and shed the bloud of many thousand innocents , and gallant men to take away the head of one or only of 7. vile delinquents ? the sparing of whose lives will * more conduce to settlement , and reall unity , then their deaths by the axe of justice . for shame then let us not vote the kings answer to this branch of delinquents so unsatisfactory , as to break off and lose all upon it , since i have proved it fully satisfactory in all things to your own last demands . as to the delinquents specified in the 2d . and 3d. qualification , the king and you are fully agreed . besides , the king consents to the exclusion of the delinquents specified in the first qualification from sitting in parliament , being of his councells , coming within the verge of his court , bearing any office , or having any imployment in the state , during the pleasure of both houses . thus far you are both agreed : only he desires this mitigation of their penalty in case they shall offend herein , that they may not be guilty of high treason and uncapable of any pardon , and forfeit all their estates , nor that those who shall return from banishment without leave may incur so high a penalty , but a more moderate , sutable to the law they shall offend . and to break only upon this excesse and extremity of punishment ( too high even in many wise mens opinions for such offences , and of dangerous president to posterity , it being the wisdome of our ancestors , to make as few * new treasons as possible , being only for the kings advantage and peoples prejudice ) when as a lesser penalty may as well , and sooner too , prevent the mischief , is neither safe nor prudent . as for the compositions of such persons , the king only desires their moderation , if you think fit , even to such proportions as the army it self in their proposals to him in aug. 1647. thought reasonable ; and if you please not to grant it , then he leaves them to compound at such rates as you and they shall agree : and those are only such as you have already fixed on in former compositions , from which you will not vary ; and in case they will not compound at your rates , you have then the benefit of all their sequestred estates till their composition be made , which is your benefit and their losse . therefore in this [ though some have pleased without any colour of reason to assert the contrary ] you are both fully accorded . to the delinquents in the fifth qualification , the king consents to all your desires , with this exception only : that such delinquent ministers who are not scandalous in their lives or doctrine , & are already sequestred , may injoy the third part of the profits of their livings , for the support of them and their families , and be capable of future preferments if they be thought fit to enjoy them . this some have concluded very unsatisfactory , because it craves some little favour for malignant ministers : but i beseech you consider , how inconsiderable the difference is , and how just and charitable the kings request is in their behalf . your selves , both by ordinance and common practise , grant the ful fifth of the profits of sequestred livings to the wives and children of sequestred ministers , as well in case of scandall and insufficiency , as mulignity : the king desires only , that such who have bin sequestred meerly for malignancy , and are not scandalous , may receive a third part in stead of a fifth , and for their future encouragement , having spent their time in fitting themselves for a ministry , and being fit for no other calling , and having lost their former livings , he requests only , that in this scarcity of able ministers , they may be capable meerly of future preferments , for which they shall be adjudged meet in such way as you shall appoint , not he or they . a just , a charitable request , and that which your selves have done , there being many able godly ministers of eminent parts and exemplary life who have not been so clearly convinced in point of conscience , as to concur with you in the late wars , for which they have been sequestred , and have since been better satisfied : and god forbid that such should be made utterly uncapable of the ministry , and they and their families starve for want of bread . i beseech you therefore , of al other things let us not break with the king upon this act of charity , of piety , lest all the world condemne us for uncharitablenesse , and judge the king to be more pious and charitable then we . and no doubt it will be the greatest charity to our selves , to our church , our religion , our kingdom at this time , rather to close with the king in this particular , then hazard all for a few third parts , and to be as charitable as his majesty . the more charity we shew , the greater unity , peace , amity , and better settlement we may expect . but the greatest dissatisfaction of all ( referred to this head of delinquents ) is in the kings answers concerning his present recalling of marquesse ormonds commission , to treat with , and unite the irish rebels . to which i answer : first , that this was no part of the propositions first sent , but a collaterall emergement discovered since the treaty upon col. iones his letter , and so the unsatisfactorinesse of the kings answer as to this alone , can be no just cause or ground , to vote the other answers unsatisfactory , or break off the treaty . 2dly , the kings granting of this commission to ormond at the time he did it , is no such hainous thing as many have made it , al circumstances considered . the king when the army would not close with him upon their own tearms the last year who treated with him without your privity , and against your orders , even then when they unjustly impeached the eleven members for holding secret intelligence with him and his party ( of which themselves were only culpable ; ) was shut up close prisoner in carisbrooke castle in the isle of wight by their procurement , and by the votes of both houses ( proceeding originally from the officers and the armies projection , promoted by their declaration , and engagement to joyne with the houses in setling the kingdome without & against the k. and forcibly passed the lords house by the armies garrisoning white hall , & billeting a regiment of horse in the muse to terrifie them to a concurrence with the commons ) quite laid aside like a dead man out of minde , and no more addresses to be made to him by the houses , or from him to them , and no accesse of any to him under pain of high treason , without both houses licence : the king in these extremities , the better to procure his own enlargement and the kingdomes settlement by a treaty , grants a commission to marquesse ormond to unite the irish forces then divided for the foresaid ends . extremities certainly put honest and wisemen too [ as the armies friends grant ] upon hard shifts for self-preservation , and this extremity put the king upon this of ormond . the king is flesh and blood as well as we , and nature teacheth him to use the best means he may for his own preservation , and deliverance in such a strait : the army the last summer refused to disband or suffer any of their forces to go for ireland ; to preserve and secure that kingdome , only from this ground of self-preservation , upon which they would now enforce you by their remonstrance , and marching up to your doors with their forces , to break off the treaty , or vote it wholly unsatisfactory● whence most gent. that differ in opinion from me have made this their sole or chief argument that the kings answers are unsatisfactory , because the army else will not be satisfied . if then your own army may thus disobey your votes , and force your consents , only upon a pretence of self-preservations and defence , when they are in no visible danger , the king by as good or better reason in this extremity of danger , might justly make use of ormonds endeavours for his better safety and enlargement . and if some members have affirmed in the house , ( as hath been alleadged in this debate ) that they would joyn with turks or the worst of nations , and call them in to their assistance rather then the king should come in by conquest : then the king by like reason might joyn with ormond and the irish , rather then be thus laid aside and destroyed . and what we our selves would do in his or the like condition , we cannot justly blame in him . thirdly , the king did never absolutely deny the recalling of ormonds commission , but only suspended it til the treaty ended , and if you then close with him , you have his engagement presently to recall it : if then you agree with him upon this● treaty , your demand in this is granted , and danger prevented , but if you will not agree at all , it is very hard measure to presse the king to a present disadvantage , who is like to receive no advantage by you , nothing being obligatory on either side til all be concluded . in fine , the king hath so far condescended to satisfie you in his finall answer , as to write a letter to ormond , to suspend the execution of his commission for the present , and engaged to revoke it so soon as you and he agree in future , and more then this , as the case stands , wee cannot well in justice require , and we should hardly grant so much were it our case as it is the kings : and seeing all our dangers may be prevented by our agreement with the king , and this demand then fully granted , there is no reason to vote this unsatisfactory , when we may have all we desire if we please our selves . however : i see no such differences between the king and us , in this of ormond and that of delinquents , as to vote the finall answer to them and all the rest unsatisfactory and so to lose england , distressed ireland , and all the former concessions for an unconsiderable dissatisfaction in these two particulars . the last proposition relating to the security of the state , is . that the city of london shall enjoy all their rights , liberties , franchises , and usages in raysing and imploying the forces thereof , for its defence ; in as full and ample manner as they used and enjoyed it heretofore . that the militia and city and liberties thereof , shall be in the ordering and government of the lord major , aldermen , and common-councell , or such as they shall appoint , and be imployed and directed as both houses shall direct ; so as no citizen , or forces of the city shall be compelled to go out of the city or liberties for military service without their own free consent . that an act shall be passed for the granting and confirming of the cities charters , customs , and franchises , notwithstanding any non-user , misuser , or abuser , and for confirmation of all by-laws and ordinances made or to be made by the lord major , aldermen , and common-councell concerning the calling , convening and regulating their common-councell : that the tower of london may be in the government of the city , and the chief governour thereof nominated and removeable by the common-councell● and all propositions , which shall be further made and approved by both houses consent , for the future welfare , and government of the city , confirmed by act of parliament . to all which the king hath fully confented ; so as his answer thereto cannot be voted unsatisfactory by any , but such who envy the cities weal and security , that themselves may the better seize and trample on it , to its enslaving and ruin . this concession is , first , a great honour to , and justification of your cause ; the * city having beene more cordiall to , active for , and bountifull towards you upon all occasions and exigencies then all other parts of the kingdome , the harbourers , and relievers of all who have fled from the enemies tyranny thither , for safety or reliefe , yea the onely treasury to advance monies upon all exigencies , and those to whom ( under god ) you pricipally owe your victories and preservation . now for the king to honour the city with such concessions as these , which hath beene most hurtfull to , and deepest engaged against him in this warre , is almost as high and full ( if not a greater ) justification of , and countenance to your cause , as this consent to the first proposition . 2dly , a great satisfaction to the city for all their services and expences , and a firm security against all future feares and sufferings for ingaging so deeply in your cause . 3dly , an extraordinary engagement to the city , faithfully to adhere to you and all succeeding parliaments , upon the like cause and occasion , and to other corporations to do the like . 4thly , a great security and advantage to the whole kingdome , whose weal and safety principally consists in londons welfare , its principall magazine , mart , bulwarke , refuge , and military security both by sea and land , wherewith the whole kingdome stands or falls : had the king once gained london in these warres , the parliament , and all england had been quickly lost , without hope of recovery , which will be in a secure or recoverable condition at all times , if it be safe and true to the publique interest , from which some have studied of late to disengage it , to ruine it , and the parliament too , which were alwayes free from eminent danger whiles cordially united , and near to both their ruines being now disjointed . i have thus as briefly as i could , ( with discharge of my conscience and duty ) run through all the propositions which concerne the security and settlement of our state against the kings armed violence , or exorbitant civill sword or prerogative , and other particulars relating to its peace and safety , with the kings respective answers thereunto . and for mine owne opinion , i humbly conceive them so fully satisfactory , and abundantly sufficient for our weal and safety , against all future dangers , and encroachments on our liberties : that if we conjoyn them with those other acts , the king hath already consented to this parliament , we can neither desire nor expect any additions to make us more compleatly happy and secure then any people or kingdome under heaven . the king hath already by acts of parliament condemned and suppressed ship-money , his owne monopoly of making gunpowder and saltpetre , fines for knight-hood , impositions upon merchants goods , tonnage and poundage , without grant by parliament , coat and conduct money , forrest bounds and laws , the grand grievances under which we groaned , heretofore , so as we need never feare their revivals , nor any others of that nature : especially since we have the nomination of all great officers and iudges , the chiefe promoters of them . besides , by act of parliament , hee hath for ever suppressed the bishops sitting and voting in parliament , ( a great disadvantage to him , they commonly voting what he pleased , and being wholly at his devotion ) together with the three grand oppressive courts and shops of tyranny , oppression , and injustice in the kingdome , the great terrors of mens spirits , the invaders of their rights , members , liberties , the chiefe inlargers and maintainers of an unlimited prerogative , and authors of all our late illegall projects , pressures , the starchamber , the high commission , and councell table : the kings chief engines to scrue up his prerogative to the highest , and lay his subjects lowest ; to which a fourth is since added in this treaty , the court of wards . all which being totally abolished , the king hath now no court nor instrument left ( that i can thinke of ) whereby to injure , or oppresse his people as in former times . the oppressions likewise and extortions of the stannary courts , and of clerkes of the market , are rectified by acts this session , yea this parliament by act perpetuated , without any power in the king to adjourne and dissolve it , till all concurre to dissolve it by an act of parliament : and when this shall be so determined , for our future security and redresse of all growing mischiefs which may endanger us , there is a provision by another law for a triennall parl. with power to summon it , in case of the kings refusall , without him or his writ , and authority for the houses to sit for a convenient time ( sufficient to redresse all grievances , punish all publike offenders and settle usefull lawes ) without dissolution or adjournment . to which i may adde , the act of oblivion , pacification , and union with our brethren of scotland : upon granting of four of which acts alone , the house of commons in their * remonstrance of the state of the kingdome , 15 december 1641 , did with much thankefulnesse , acknowledge , that his majesty had passed more good bils at that time , to the advantage of the subjects , then have been passed in many ages . and if he shall now accumulate all the fore-mentioned propositions turned into acts , to those already enacted ; with some few laws more for the regulating of some grievances and corruptions in the common law : the punishing and restraining of some publike mischiefs and crimes , and punishment of extortions , ( which will be readily assented to , there being no losse or prejudice to the crowne in passing them ) we may through gods blessing , in all humane probability , ( if our sins deprive us not of so great a felicity ) be the freest , happiest , securest , most flourishing and best ordered kingdom , and people in the world , and injoy such priviledges , and immunities , as our ancestors never so much as once imagined , much lesse aspired after . and if we will not now rest satisfied , and thankfully contented with all these large extraordinary concessions , and blesse god for this tender of them to our hands , the present , and all future ages , will chronicle us , for the most unreasonable and ungratefull creatures that ever sate within these wals , or the world produced since the creation . having now at large demonstrated ( i hope to every rationall and honest mans conviction ) the satisfactorinesse of the kings answers to all our propositions relating to the safety and settlement of our state : i shall in the next place proceed to those propositions and concessions which concerne the peace , settlement , and security of our church and religion , wherein there appears the greatest difficulty ; the most whereof i shall dispatch with greater brevity then the former . there are three things especially which may endanger and disturb the peace and settlement of our church and religion , 1. popery , popish corruptions and innovations , introduced by jesuites , papists , and superstitious clergy-men popishly addicted ; 2. prophanenesse ; 3 prelacy : and one chiefe thing to promote religion and the churches happiness ; the propagation of the gospel , by settling preaching ministers throughout the kingdom , and establishing the publick worship and church-government in such sort , as is most agreeable to gods word . for all these there is sufficient ground in the kings answers to our propositions concerning them , to vote them satisfactory , as i humbly apprehend , and hope to manifest . for the first of these dangers to our church and religion , there is as good security and provision granted us by the king , as we did or could desire , even in our own terms . first , he hath fully consented to pass an act for the more effectuall disabling of iesuites , papists , and popish recusants , from disturbing the state , and deluding the lawes ; and for the prescribing of a new oath for the more speedy discovery and conviction of recusants . secondly , to an act of parliament , for the education of the children of papists by protestants , in the protestant religion . thirdly , to an act for the due levying of the penalties against recusants , and disposing of them as both houses shall appoint . fourthly , to an act , whereby the practices of the papists against the state may be prevented , the lawes against them duly executed , and a stricter course taken to prevent the saying or hearing of mass in the court , or any other part of the kingdome ; whereby it is made treason for any priests to say masse in the court or queenes owne chappel ; and so no place left for the suying of masse throughout the kingdome , no not in the queens owne chamber . fifthly , to an act for abolishing all innovations , popish superstitions , ceremonies , altars , rayles , crucifixes , images , pictures , copes , crosses , surplices , vestments , bowings at the name of iesus , or towards the altar , &c. out of the church , and to prevent the introduction of them for the future . by all which acts added to our former lawes against recusants . i dare affirme , we have now far better provision , and security against papists , iesuits , popish recusants , their popish pictures , innovations , superstitions , and ceremonies , both for our churches and religions safety , and states too , then any protestant church , state , or kingdome whatsoever ; so as wee need not feare any future danger from papists or popery , if we be carefull to see those concessions duly put into execution , when turned into acts , and our former laws . secondly , against the growth and danger of prophanenesse , his majesty hath condescended to an act of parliament , as large as can be drawne , against all prophanations whatsoever of the lords day , with severe punishment for the prophaners of it in any kinde ; and against all such who shall write or preach against its morality , and due observation . and likewise to an act to be framed and agreed upon by both houses of parliament , for the reforming and regulating both vniversities , and of the colledges of westminster , winchester , and eaton , the seminaries of learning and education of youth , to serve and rule in our church and state. by which two grants , if duly executed , all impiety and prophanenesse which can endanger our church and religion , will easily be suppressed for the present , and prevented for the future . thirdly , against the danger and revivall of episcopacy , and the appendances thereunto belonging , the king hath clearly condescended to these particulars in terminis . first , to an act for the abolition of all archbishops , chancellors , commissaries , deanes and sub-deans , deans ard chapters , arch-deacons , canons , prebendaries , &c. and all other episcopall , cathedrall or collegiate officers both in england , wales and ireland : and to the disposall of all their lands and possessions for such uses as the houses shall thinke meet : so as there is no feare at all of their resurrection to disturb our church . all the question and difference now between the king and houses , is onely concerning the office and power of bishops , and their lands and possessions ; in which two i finde most members declare themselves to be unsatisfied , especially , those who have purchased bishops lands , who are very zealous in that point for their own interests . for the clearing of these two scruples , i shall examine and debate these two particulars . first , how far the k. hath consented to the houses propositions for the abolishing of the office & jurisdiction of bishops in the church ? secondly , how far he hath condescended , to the sale and disposal of their lands and possessions ? and whether his concessions in both these be not sufficiently satisfactory , in the sense i have stated the question in the beginning of my debate of it ? for the first of these ; it is clear , that the king in his two last papers hath abolished and extirpated that episcopacy and prelacy which we intended , and have so earnestly contested against ; and contends now for no other but an apostolicall bishop , which is but the same in all things with an ordinary minister or presbyter ; which bishop being apostolicall , and of divine institution , we neither may , nor can , nor ever intended to abolish by our covenant . to make this evident to all mens consciences : 1 the king hath yeelded to take away all the power and jurisdiction whatsoever exercised by our bishops in point of censure or discipline , in his former answer : and contends for nothing now but their power of ordination only : and that not solely vested in the bishop , but in him and other presbyters jointly : yet so as the bishop should have a negative voice in ordinations . but the houses voting this unsatisfactory , because that the bishops for three years , during the continuance of the presbyterian government , should have the chief power of ordination ; & after those three years the sole power , there being no others vested or intrusted with that power after the three years expired ; so as bishops might by this means creep in , and get up againe by degrees as high as ever . thereupon the king in his finall answer hereunto , though not fully satisfied in point of conscience , but that the power of ordination is principally vested onely in bishops by divine authority , hath yet for our satisfaction , thus far condescended to us : first , that for three years next ensuing , during the presbyteriall government , no bishops shall at all exercise this power of ordination in the church . secondly , that if he can be satisfied in point of conscience within that time , upon conference with divines , that this power of ordination , so far as to have a negative voice in it , belongs not only unto apostolical bishops by a divine right ; then he wil fully consent to the utter abolition even of this power of ordination in the bishops . thirdly , that after the three yeares are expired , if the king can neither satisfie his houses in point of conscience , nor they him upon debate , that this power of ordination belongs iure divino to bishops ; that yet the exercise of that power shall be totally suspended in them till he and both houses shall agree upon a government , and by act of parliament settle a form of ordination . so as if both houses never consent that bishops shall hereafter have a hand or negative voice in ordination , this power of bishops is perpetuaily suspended , and as to the exercise of it , perpetually abolished even by this concession , so as it can never be revived again without both houses concurring assents . and by this means , episcopacy is totally extirpated root and branch , according to the covenant , which hath been so much pressed in this debate , though the words of it have been somewhat mistaken , that we therein absolutely covenant to extirpate episcopacy ; when as the words are only , that we shall endeavour the extirpation of prelacy , that is , of archbishops and bishops , &c. and that certainly we have done , and in a great measure accomplished , so far as to satisfie both the words and intention of the covenant , though a concurrent power of ordination be left in bishops , which yet is now totally suspended : for as we covenant in the same clause to endeavour to root out popery , superstition , heresie , schisme , prophanenesse , and whatsoever shall be found to be contrary to sound doctrine , and the power of godlinesse ; in the extirpation of which , i am certain we have not proceeded by an hundred degrees , so farre as we have actually done in the extirpation of episcopacy , there being no proposition at all in the treaty for the extirpation of heresie , schisme and errors , as there is of episcopacy ; ) and yet the gentlemen who are so zealous for the covenant , perswade themselves , they and we have not violated it in these particulars : therefore much less in the point of prelacy and bishops , since we have left them nothing at all but a meer power of ordination , actually suspended from any future execution , but by both houses assents . fourthly , the king by abolishing archbishops , and deans and chapters , hath also therein actually abolished all bishops too for the future , except those who are already made . for by the laws and custome of the realm * no bishop can be consecrated but by an archbishop , or some deputation from him , in case of sicknesse ; nor any bishop made or consecrated , unlesse he be first elected by the dean and chapter , upon a conge deslier issued out to them to choose one . now there being no deanes and chapters left to elect , nor archbishop to consecrate any bishop for the future , there can be no bishop at all hereafter made in england or ireland : and so the bishop being thereby abolished and extirpated , his power of ordination must be destroyed with his function , as well as suspended . all which considered , i cannot but conclude , the kings finall answer as to the office of , and ordination by bishops , to be compleatly satisfactory to our demands . and so much the rather , because the king in this particular of ordination , pleads only dissatisfaction in polnt of conscience for closing with us in this seeming punctilio ; and if it were not meerly conscience ( though some have over rashly censured it for a meer pretence to keep up bishops still ) he that hath granted and yeelded us the greater , would never contest with us for the lesser , nor go so far in the abolition of episcopacy as he hath done . and truly , i doubt not , but his majesty by conference may soon be satisfied in this point : nay , had his own divines dealt faithfully with him , in the isle of wight , he might have beene easily satisfied in this particular : in which i doubt not by gods blessing to undertake to satisfie him both in point of episcopacy , that it is in all things the same with presbytery ; and that the ordination of presbyters and ministers by divine right , belongs only to presbyters as such , and not to bishops as bishops ; who for above a thousand years after christ claimed the chief , but not the sole interest in it , not by divine right and authority , but meerly by canons and custom long after the apostles time ; which i have proved at large long since , in my vnbishoping of timothy and titus , which none of the bishops or their patrons ever yet attempted to answer , though i particularly challenged them to do it . only this , i shall now say in brief , for some satisfaction in the point to other members . 1. that there is no one text of scripture to prove , that bishops iure divine are distinct from presbyters in any thing , much less in this particular of having a negative voice , or sole , or principall interest , as bishops ( so distinguished ) in the power of ordination● but a direct text to the contrary , 1 tim. 4. 14 to omit others . 2 that the pretence of impropriating ordination to bishops distinct from presbyters by divine right , is grounded upon these two gross mistakes , that timothy and titus were bishops properly so called ; the one of ephesus , the other of crete ; and that this power of ordaining elders , was vested in them quatenus bishops only , and not otherwise by divine institution ; for proof of the first , the postscript● of pauls epistles to them ( and no one text of scripture ) are cited ; and the 1 tim. 5. 22. tit. 1. 5. relating only to ordination , for the latter . but it is clear as the noon-day sun , by scripture , that timothy was never a bishop properly so called , much lesse the first or sole bishop of ephesus , as is evident by sundry texts , especially by act. 20. 4 , 5 , 6 , 15 , 17 , 18 , 21 , 29 , 30 , 31. compared together ; nor titus a bishop properly so termed , distinct from a presbyter ; much lesse the first or sole bishop of crete : nor do either of those texts prove , that they had the power of ordination by divine right vested in them two , meerly as bishops distinct from , or superiour to presbyters , as i have undenyably manifested in my vnbishoping of timothy and titus . and as for the postscripts to these epistles , terming timothy ordained first bishop of ephesus , and titus of crete , they are no part of the text , first extant in , and invented by * occumenius ( none of the authentickst authors ) above 1050 years after christ , and annexed only to the end of his commentary on those epistles , not adjoyned to the text ; and they are not only , omitted in most manuscripts and printed editions and translations of these epistles , but apparently false in themselves , as i have at large demonstrated in some printed books . therefore this point of conscience may soone be satisfied . 3 that no bishops for 1200 years after christ , did ever claim the chief power in ordination by any divine right as bishops , but meerly by canons or custom long after the apostles ; and that in the primitive times , before any re●●riction by councels , presbyters in many places did not only * ordain ministers and deacous without bishops , and bishops never but jointly with presbyters ; but likewise ordaine bishops themselves , as ierome , epiphanius , augustine and others assure us ; and sometimes joined in the consecration and enstallment of popes themselves and archbishops , for defect of bishops . 4. that it is the * constant tenent of all the eminentest protestant divines ( and some learned papists too ) and the practice of all the reformed churches , that the divine right of ordination belongs originally to the whole church ; but ministerially to presbyters as such , not to bishops as bishops : and that which undeniably clears it up to mee , is this . that in the new testament wee find both apostles , some of the 70 disciples , evangelists and presbyters equally ordaining elders or presbyters : but not any one who is once in scripture stiled a bishop , either conferring orders upon any , much lesse eonomine & jure , as a bishop . and since the apostles time wee find in point of use and practice , popes , patriarchs , archbishops , metropolitans , cardinalls , abbots , in some places ( who are not iure divino , nor bishops properly so called , but distinguished from them in degree ) ordaining presbyters and ministers as well as bishops quatenus bishops ; and that never by themselves , but all by the presbyters joint concurrence then present , who by the fourth councell of carthage , the canon law , the very canons of trent also , and our owne book of ordination and our canons ought also to join with them in the ordination : now all these distinct orders and degrees , claiming and exercising this power by a divine right , and many of their functions being confessed not to be of divine right , ( as popes , patriarchs , archbishops , metropolitans , abbots and chorall bishops ) who yet ordain ; and these alwaies necessarily calling presbyters ( who are clearly of divine right ) to join with them in their ordination , and not doing it alone , is an unanswerable proof to me , that they all concur in this action in no other right or notion at all , but meerly as they are presbyters , in which they all accord , and have one and the same authority ; not in their own capacities , wherein they are all discriminated , and are not all of divine , but only of humane institution ; presbyters , quà presbyters , being the properest persons to ordain others of their owne degree and function ; as doctors of divinity , law and physick in the universities , create doctors of their severall professions ; and bishops consecrate bishops and archbishops ; even as a man begets a man of his own quality and degree ; and all other creatures generate those of their own kind , without the concurrence of any her distinct species paramount them . as for the angel of the church of ephesus ( much insisted on in the isle of wight , to prove an episcopacy iure divino distinct from presbytery ) i never read that this angell ordained any presbyters ; eit●er quatenus angel or bishop : nor find i the name of a bishop in any of st. iohn's writings , but the title of a presbyter or elder very frequent , by which himself is stiled . and i wonder much the king or his bishops should now so much insist upon this angel , and assert him to bee a lord bishop , not an ordinary minister . for first , * king iames himself , and all the bishops of engl. with those learned men imployed by them in the last translation of the bible , in the very contents prefixed to this chap. rev. 2. resolve the angells of those churches to be ministers , in these very words : what is commanded to be written to the angels , that is the ministers ( not bishop ) of the churches of ephesus , smyrna , &c. if then the angels , by their joint confessions , when these contents were first composed and prefixed , were only the ministers ( not bishops ) of these churches , and have ever since been constantly admitted , confessed , and this published to be so even in our authorized bibles used in all churches , chappels , families , and printed cum privilegio five or six times a yeer , without any alteration or disallowance of this exposition : i marvel much how the bishops now dare inform the king , that these angels certainly were only bishops but not ministers , diametrally contrary to these authorized contents of their own or predecessors affixing , with learned king iames his approbation ; or how his majesty when hee knowes it can beleeve them , though they should averr it , against his own fathers , and the whole church of englands resolution , which hath so long received and approved this translation ( excluding all others in publick ) and these contents thereto prefixed . secondly , admit this angell of ephesus to be a diocesan bishop , distinct : from an ordinary presbyter , yet he was but an apostate , who had lost his first love , ver . 4. and if timothy ( as they affirm ) was sole bishop of ephesus , he must be the apostate ( being at that time living ) unlesse he resigned his office to some other , which is improbable . and for our bishops to father that divine right of their prelacy upon an apostate angell , is no good divinity , and lesse policy at this instant . and this their rotten foundation upon an apostate , may probably be the ground , why so many prelates in this and former ages have turned apostates after they were created bishops . thirdly , if those angells in the revelation were really lord bishops , then certainly the elders therein mentioned can bee no other then presbyters , not bishops , as the prelates themselves will grant : and if so , then verily the presbyter is the supream of the two , both in point of dignity , ministry , and precedency ; which is very observable . for first , i find the 24 elders there mentioned , sitting upon twenty four seats round about christs throne ( and nearest to it ) rev. 4. 4. c. 11. 16. but the angells standing ( not sitting ) round about it and them , without any seats at all provided for them ( as inferiour attendants , ) rev. 5. 11. c. 7. 11. secondly , i find these elders not onely sitting on seats next christs throne ; but likewise cloathed with white rayment and having on their heads crownes of gold the embleme of supream authority , power and honor ) rev. 4. 4. 10. whereas the angells had neither white rayment nor crowns ; so it seems bishops had no lawn sleeves , nor rochets , nor miters then , though they have since usurped and robd the presbyters of them . thirdly , these elders , not the angells , are there alwayes introduced * worshipping and falling downe before christs throne ; holding harps and golden viols in their hands full of odors , representing the prayers of the saints , and singing the new song to him ; as the principal officers and ministers of christ ) when as the angells standing by , act or speak little in these kinds , like our late dumb unpreaching and rare-praying prelates . fourthly , the 24 elders ( not the angells ) sing this new song of praise to christ , 1 rev. 5. 9. 10. worthy art thou to take the booke , &c. and hast made us kings and priests ( not angells or bishops ) to god the father ; and we ( not the angels ) that reign on the earth , therefore in all these respects , if the angells in the apocalypse bee bishops , as our prelates dreame ; the elders must of necessity jure divino , bee their superiors and lords paramount in point of dignity , honour , soveraignty , ministry , and they inferiour in jurisdiction and power unto presbyters , not superior , as they would really make themselves . when his majesty shall be informed of these , and many other particulars of this kinde , i doubt not but his conscience will be so much satisfied , as wholly to forgoe and lay aside his pretended apostolicall bishops , both in point of function and ordination too , as being the same with presbyters . and since in his last paper but one , he hath professed to retain no other bishops , but such as are apostolicall ; he must presently quit all those about him , and their possessions too , since neither of them are apostolicall , * the apostolicall bishops being many alwaies over one church and congregation , not one over many churches , or an whole diocesse , as ours are : and having no palaces , mannors , lands and possessions : as i shall prove in the next particular , which comes to be now debated , having fully cleared this to be satisfactory . for the second question concerning the sale of bishops lands , how far the king hath condescended to it ? and whether the kings answers to the first branch of that proposition bee satisfactory in the premised sense ? i confesse i find this the grand and most swaying argument of all others used by those who differ from me in the treaty , as not satisfactory , because the king absolutely refuseth to agree to the sale of bishops lands , for the satisfaction of those publike debts , for which they are engaged by both houses , whereby purchasers and lenders upon that assurance , will be not only defrauded but cheated of their debts and purchases , many of them quite undone and ruined , and the honor and publick faith of both houses for ever forfeited and laid in the dust . and indeed this is a very sensible argument , especially to such members who have either purchased bishops lands , or advanced moneys upon their security , very fit to bee fully answered ; which i shall endeavour to doe , i hope to their full satisfaction and content . i confesse it to be most just and equall , that all who have purchased bishops lands , or advanced moneys to the state upon them , should receive ful satisfaction , and be no losers by it , but rather gainers : and i could have as heartily desired as any member in this house , that the king in this particular of bishops lands had given us plenary satisfaction ; the rather because i was imployed by the houses as one of the contractors ( though without my seeking , and to my prejudice , by neglecting my calling , and receiving as yet not one farthing salary for it , though i have spent and lost some hundred of pounds in and by that imployment ) and had he really done it , i presume few members of this house now of a different opinion , would have voted the kings answers to the whole treaty unsatisfactory . but to take them as they are . first , the king hath so far condescended to their sale and disposall , made or to be made ; as that the purchasers shall by act of parliament enjoy a lease of them , not from the bishops themselves but from the crown for 99. yeares space , reserving only the reversions afterward to the crowne , and that for the use of the church in generall terms . secondly , the king will bee content with the reservation only of the old , or some other moderate rent to him and his heirs , to bee imployed only for the churches use and benefit . thirdly , that for the absolute sale or alienation of them , he cannot in point of conscience consent unto it , being sacriledge , and an unlawfull act in the opinion of all divines , as well in forraigne reformed churches as domestick . this ( i remember and conceive ) is the sum of his finall answer to this proposition . to examine these particulars a little in the generall , and then by parts . first , i must make bold to inform you in the generall ; that the king and his predecessors , kings of this realm , were the * originall founders of all our bishoprieks , and patrons of them . that all their lands , rent and revenues whatsoever , originally proceeded from the crown and kings of england , of whom they are bolden ; and that in times of vacancy , the king enjoyes the profits of their temperalities , as a part of his royall revenue , and receives both tenths and first-fruits out of them upon every death or translation of the bishops . and therefore there is very great reason and justice too , they should be still held of the crowne , and not totally translated out of it , and that the king and his successors should receive some reasonable revenue or compensation out of them , parting with such an interest in recompence for them . secondly , that in the severall treaties with the king , februar . 1. 1641. and iuly 11. 1646. all the lands , possessions , rents and reversions both of archbishops and bishops , and likewise of deans and chapters , and other officers of cathedrall and collegiate churches , were by act of parliament to be settled in the very reall and actuall possession of the king , his heirs and successors for ever , to their own proper use , except only their impropriations , advowsons , tythes , and pensions which are not now to bee sold. and , that the * ordinances for setling of bishops lands , rents and possessions in fe●ffees , * and engaging and selling them for the monies lent upon the publick saith and doubled , to raise 200000. l. for disbanding of the scotch army , passed on the houses till october and november , 1646 : till which time there was no thought nor intent at all , to sell or alienate them from the crowne . if then the king in two or three former treaties , by both houses full and free consent , and a * bill passed by them for that purpose ; was to enjoy to himselfe , his heirs and successors all the demesne lands , mannors , possessions , reversions , rents , inheritances and revenues of archbishops and bishops ; and likewise of deans and chapters , prebends , and the like , it seems to me very just & reasonable , that he should demand and enjoy the reversions of them after ninety nine years , and such a moderate rent as he and both houses shall agree on . and that this answer of the kings , wherein he demands so little now , only for the churches use and benefit , not his own should be fully satisfactory , because we were very well content in former treaties , he and his heirs should enjoy the whole , only to their own use . thirdly , that near one moiety of the archbishops and bishops possessions and revenues , consists in impropriations , tythes , pensions , and the like , which the king is content wholly to part with for the encrease of ministers means , and the benefit of the church , without any reservation or recompence : and with all deans and chapters lands and revenues to boot . therefore it should be unsatisfactory , or unreasonable in no mans judgement , for the king to reserve some interest in the reversions and rents only of their demesne lands . fourthly , the king demands the riversions of the lands after ninety nine years , and some present moderate rent , not for the use and support of the bishops , and to keep a root for them to grow up again in our church , ( as hath been mistaken by some ; ) archbishops and bishops too , being extirpated root and branch by the kings former answers ( as i have manifested ; ) but only for the use of the church , in such manner as the king and we shall agree to settle them who shall take care that no bishop shall be a sharer in them , all being to bee setled in the crowne alone , and nothing in reversion or possession to , in or upon the bishops . fifthly , the king consents , that the purchasers of bishops lands shall by act of parliament have a lease of them for ninety nine years , reserving the reversion only after that terme : which i conceive is no ill , but a very good bargain for the purchasers ; such a lease by act of parliament , being far better then the whole inheritance by a bare ordinance of both houses , which for ought i know , if not confirmed by a subsequent act of parliament , will prove little better then a tenancy at will , or a lease so long only as this parliament continues ; ordinances of both houses only without the kings royall assent thereto being a new device of this present parliament ; to supply some present necessities for our necessary defence and preservation , during the kings absence and hostility , never known nor used in any former parliaments , what ever hath been conceived to the contrary . therefore this offer of the k. is no prejudice at all , but a great advantage to the purchasers , wherewith they should rest fully satisfied . but admit it be any losse at all to them , and not rather a gain ( as things now stand in our tottering condition , ) yet it is only of the reversion of these lands after ninety nine years , worth not above one quarter or halfe a years purchase at the utmost ; which considering the low values at which bishops lands are sold , and the cheap rate now that most purchasers gave for bills of publick faith , with which they bought them , they may be well content to lose , to secure their purchases for ninety nine years , in these tumultuous and fluctuating times ; when some wise men who have made such purchases , would very gladly give two or three years purchase , if not more , at the assurance office , to any who will ensure their estates in bishops lands for so long a term , and think they had a good bargain too , at leastwise far better then the bishops in case they should revive again , as some fear , who must be kept starving for 99 years , in expectation of a dry reversion . all which considered , the kings answers touching such reversions , i humbly conceive will be very satisfactory to the purchasers of bishops lands themselves ; who are most displeased with it . as to that which hath been objected , that some have purchased reversions of bishops lands after 99 years in being , who must absolutely lose their purchase money after this rate , which is neither just nor honourable for the parliament . i answer , that this is but the case of three or foure only : that their purchases are of no considerable value : nor bought fingly by themselves , but jointly with lands or rents in possession of good value ; in which they had the cheaper purchase to take off the reversion after so long a term , which losse in the reversion they may contentedly undergoe to purchase their owne and the kingdomes peace , and enjoy what they have purchased with these reversions in possession , without trouble or eviction by act of parliament for 99 , years space , or receive other satisfaction from the king and parliament to their contentment in such manner as i shall presently inform you . sixtly , to that concerning the present rents which the kingdemands out of bishops lands which sticks most with purchasers : many of them having purchased nothing but rents , and others more rents then lands in possession , which rents must all be lost , if they must pay their old rents over to the king to their undoing , which would be both unjust , unconscionable , and dishonourable to the houses , upon whose assurance and engagement to enjoy their bargains , they were induced both to lend money on , and to purchase these lands afterwards , and would be no better then plain cheating , and render them odious to all the world , as some have objected . i will not answer it with caveat emptor , but desire them to observe that the king in his answer , doth not peremptorily require the bishops old rents during the 99. years , but only disjunctively , either the old rent , or some other moderate rent to be agreed on , and if only a moderate proportion of the old rent be paid to the king , the purchaser is sure to enjoy , the residue during the 99 yeares , and so his purchase money not totally lost , as is objected . besides , the king will not reserve these rents to the use of himselfe , or the crown , but only to the church , and maintenance of the ministers , in such manner as he and his houses shall agree in the bill for setling these lands , in the way propounded by him . which offer opens this just and honourable way for the houses to give all purchasers of bishops land and rents full satisfaction both for the losse of their reversions after 99 years , and for the present rents which shall be reserved to the crown out of bishops lands to the churches use , which i beleeve the king and houses will readily consent to ; and that is , to settle by act of parliament , so much of the dean and chapters demein lands and rents , upon the purchasers , as the losse of their reversions after 99. years , and present rent to the crowne shall amount unto , upon a just computation . by which means the purchasers , by way of exchange of deans and chapters lands and rents for their bishops , shall have such full and satisfactory content , even in kind , as will cleare the honour , justice , and reputation of the houses fair dealings in this particular , throughout al the world , and give the ministers full satisfaction likewise , for the augmentation of whose livings and maintenance the deanes and chapters lands and rents are designed ; by settling the reversion and rents reserved to the crown out of the bishops lands , for the churches use , upon those who should have enjoyed the deans and chapters lands thus settled on the purchasers by exchange , which being of equall value , can be no losse nor prejudice to any . this is such a visible and reall satisfaction to all purchasers , as none of them can justly open their mouths against , being both for their owne security and advantage , and the kingdomes settlement . but if any of them dislike this reall satisfaction ( which the king no doubt will yeeld to ) there is an other means provided by this very treaty for their satisfaction ; and that is , by ready money , for what ever they shall lose by bishops lands in possession or reversion , by this reservation to the crown , which i am sure they never will nor can refuse in justice or equity ; they having the bishops lands conveyed to them only , by way of morgage or security for moneys lent upon the publike faith . and the houses by the 12th . article of this treaty have time within two years space by act or acts , to raise any summes of money for the payment of the publique debts of the kingdome , whereof the moneys lent upon bishops lands and the publique faith , are a principall part ; and the same justice of the houses which hath already provided by severall ordinances , a sufficient recompence and satisfaction for purchasers of bishops lands in cases of eviction , or of emergent charges and incumbrances discovered after the purchases made , may be a sufficient assurance to them of the houses justice , that they will give them as good or better satisfaction by one of these two wayes i have here propounded , for any thing they shall part with to the king or church for the settlement of the kingdomes peace . seventhly , it hath beene the solemn protestation and declaration of both houses of parliament , in all their remonstrances to the king , kingdome and forraigne states , that they have taken up defensive armes against the kings party , onely for the maintenance of religion , lawes , liberties , &c. and to bring delinquents to condigne punishment . now bishops lands and rents , i am certaine , are neither our religion , lawers , nor liberties ; and i thinke they are no delinquents , though most bishops are . and shall we now after seven yeares warres , and sixty dayes treaty , make bishops lands , which for five yeares time or more of our warres were never thought of , the sole or principall cause at least of our present breach with the king , and the onely ground of a new warre ? god forbid : will not the world then justly censure us for notorioūs hypocrites and impostors , pretend●ng one thing , and intending another ? will they not then say , that bishops palaces and lands were the onely religion and liberty we have fought for , the onely delinquents we have brought to publick justice and execution ? that we would never have suppressed archbishops and bishops , nor entred into a solemne league and covenant , with bands listed up to heaven , to endeavour to extirpate them as antichristian , but onely to gaine and retaine all their lands and revenues , and never condemned their functions , but onely to seize on their possessions ? and that we must now maintaine an army upon their exhausted purses and estates , only to defend these parchasers titles to the bishops inheritances ? if so , for shame let us never break off this treaty , nor ruine two or three kingdomes upon such an absurd dissatisfaction as this : and if our parchasers of bishops lands shall still refuse to rest satisfied with that twofold recompence i have formerly mentioned , and keep up an army to maintaine their purchases , rather then yeeld to any reason , i shall humbly move , that not the whole kingdome , but themselves may defray the armies taxes and quarters , and then i am certaine they will have a dearer bargaine then what the king or i have proposed for their satisfaction . and the better to perswade them to embrace this compensation i have onely this more to offer both to them and you ; that if you break off with the king upon this point , or close with the army , they are most certaine to lose all for a bare ordinance of both houses in no legall title , nor good security aganst king or bishops , without the kings concurrence and royall assent unto it , and valid no longer then maintained by the sword , the worst and most hazardous title of all others , which will quickly cost the purchasers and kingdome treble the value of all the bishops revenues : and if they close with the army to break the treaty , they tell them in direct termes in print , in the case of the army truly stated ( presented to the generall by the agitators of the army at hampstead , october , 15. 1647. ) pag. 16. that whereas the times were wholly corrupt , when persons were appointed to make sale of bishops lands ; and whereas parliament-men , committee-men , and kin●folks were the onely buyers , and much is sold , and yet it 's presended , that little or no money is received : and whereas lords , parliament-men , and some other rich men , have vast summes of arrears allowed them in their purchase , and all their moneys lent to the state paid them , while others are left in necessity , to whom the state is much indebted , and so present money that might be for the equall advantage of all , is not brought into the publike treasury by those sales : it s therefore to bea insisted on , that the sale of bishops lands bee reviewed , and that they may be sold to their worth ; and for present moneys for the publike use , and that the sale of all such be recalled as have not been sold to their worth , or for present money . this particular among others , they professe they have entred into a solemne engagement to prosecute , and are now marched up to london accordingly to pursue it , as their late remonstrance and declaration intimates , and themselves professe by word of mouth ; which i desire the members who have purchased bishops lands ( who are generally most unsatisfied with the kings answers , especially in this particular ) seriously to consider , and then to make their election ; whether they will now close with the kings concessions , and what i have here propounded for satisfaction of their reversions after 99. years , and present rents they may chance to part with , and so secure their purchases for this terme by act of parliament , and have full compensation for what they part with , either in ready money , or deans and chapters lands and rents , and so be no losers , but great gainers by the bargaine ; or else break with the king to please the army , and so be certaine to lose all between them , not onely once , but twice over : for the agitators in the army tell them plainely , that all their purchases shall be reviewed ; and if they have purchased them to an under rate , or not for ready money ( which not one of them hath done , but by tickets of their owne , or bought at very low values of others , which 't is like they will also examine ) that then their sales shall be absolutely recalled , and sold to others at full values for ready money , and so all is lost in good earnest ; or else they must re-purchase them for ready moneys at higher values , without any assurance from the king by act of parliament , and so lose them againe the second time , if ever he or his prelaticall party should prevaile , and yet be enforced to answer and restore all the meane profits they have taken to boot . a very hard chapter and bargain to digest , if they advisedly consider it , which by accepting the kings offer is most certainly prevented : who perchance in shore time , upon second thoughts , and conference with learned men for the satisfaction of his conscience in the point of sacriledge , if he should consent to the totall alienation of these lands from the church , may come up fully to our desires , and part with the very inheritance to the purchasers , as amply a● they have purchased it , rather then leave his owne and the kingdomes interest wholly unsettled . and for my part , i make little question , that had the prelates and clergy-men with the king at the isle of wight , dealt candidly and cleerly with him in this particular , of the sale of bishops lands , that might have easily satisfied his conscience in this very thing , as well as in others ; from these grounds and matters of fact , which i shall but point at , to satisfie others , who perchance are scrupulous herein ( even in point of conscience ) as well as the king. first , the king in his last paper 〈◊〉 , in expresse terms protesseth , that he hath abalished all but the apostolicall bishops , invested with a negative vay●e or power in point of ordination : and if so , then i am certain , he hath likewise abolished all bishops palaces , lordships , revenues , rents and possessions ; it being most certaine , that neither the apo●ls themselves , not any apostolicall bishops of their ordination , in their dayes , or for above 300. yeers after , had any lands or possessions annexed to their apostleships , or bishopricks , but lived meerely upon the a a●ms and voluntary contributions of the people , ( as christ himselfe , paul and the other apostles did ) as all b historiant accord if then his majesty will retain none but apostolicall bishops , he must necessarily take away their temporall , lands and possessions annexed to then bishopricks , to make them such , if he hath not already done is by his finall answer to this proposition , as i conceive he hath . secondly , it is generally agreed by historians , that constantine the great , ( our owne country-man borne , and first crowned emperour at york , c to the eternall honour of our island , he being the first christian emperour , and greatest advancer of the christian religion , and destroyer of paganism ) was the first who endowed the church and bishops with any temporall possessions , about 350. yeers after christ , though his pretended donation to the pope , be but a meere fable ; as doctor crakenthorp and others have manifested at large . now d ioannes parisiensis , nauclerus e polychronicon , our english apostle f iohn wickliffe , our noble martyr the g lord cobham , h iohn frith a martyr , learned i bishop iewell , and k others out of them record , that when constantine endowed the church and bishops with temporall lands and possessions , the voice of an angel was heard in the ayre , crying out ; hodie venenum insunditur in ecclesiam , this day is poyson powred into the whele church of god : and from that time , say they , because of the great riches the church had , she was made the more secular ; and had more worldly businesse , then spirituall devotion ; and more pomp and boast outward , then holinesse inward : religio peperit divilias , & filia devoravit matrem , which our bishops and translators of the bible likewise mention in their epistle prefixt to it . and l ockam saith , and others observe , that whereas all or most of the bishops of rome before that time were martyrs , scarce one of them proved a martyr afterwards ; but in stead of being martyrs , fell a persecuting and making martyrs . and if this voyce of the angel ( perchance a bishop , since our prelates will needs have the angels in rev. 2. to bee bishops ) weretrue , and subsequent experience hath found it so , that bishops and church-mens temporall lands , possessions and endowments , are no other but poyson to the church , and his majesty be convinced of the truth of this story , i hope he will be satisfied in point of conscience , that it is no sacriledge , but wholesome physick , to take away this poyson from the church , which hath so much infected , corrupted , and would in fine destroy it and the bishops too , and eat out all their piety and devotion . thirdly , most bishops long after constantines time , had very small or no revenues , lands , and no other palaces to reside in , but poor little cottages ; it being all mens opinion in those dayes , m that stately palaces belonged onely unto emperours and princes , and cottages and churches unto bishops . the n fourth councell of carthage , about the yeare of our lord 390. decreed , that the bishop should have hospitiolvm , ali●tle cottage or hospitall to dwell in , neer the church , not a palace . and in the o excerptions of egbert archbishop of york , an. 750. i find the same canon renewed among us , as the canon law of this realm , that bishops and presbyters should have hospitiolum , a small cottageneer the church to live in ; not a stately mansion . so as our bishops in those dayes had no great palaces , mannours , temporalities , and their very cathedrals were built onely with wattle , or a few boards pieced together , and covered but with reed ; stone-churches covered over with slat or lead , being not in use among the britians , scots or irish for many hundred yeers , as p bishop vsher himselfe asserts out of beda , eccles. hist. l. 3. c. 4. 5. and bernard in the life of malachy : and if their cathedrall churches were so meane , their palaces certainly were but answerable ( poor little cottages ) and their revenues little or nothing● but the peoples almes . saint augustine that renowned bishop of hippo , had but a meane house to live in , his dishes and trenchers were all earthen , stone , or wood , his table furnished with pulse , hearbs and a little pottage onely , for the most part , seldome with flesh : he had no plate , but five or fix spoones , and when he dyed he made no will at all , because the poore saint of christ had nothing to bequeath ; as q possidonius records in his life . r saint chrysostome the great famous patriarch of constantinople , ● and gregory nazianzen his predecessor , had no stately palace , furniture , houshold stuffe , traine of attendance , nor any goods or revenues at all , nor t iohn the almoner that succeeded them , nor that famous s spiridion , who kept a stocke as a mean shepherd , though a bishop : and eminent saint hierom ( though no bishop , yet the learnedst and famous scholar in his age , or any after , and of great repute , x writes of himselfe , that he lived in pa●peri tuguriolo , in a poore little cottage , having scarce clothes to cover his nakednesse . so y saint ambrose , bishop of millaine , was very poore , brake the chalices in pieces to relieve poore people , and used this maxime , gloriosa in sacerdotibus domini paupertas . and if these great lights , bishops and fathers of the church ( in whose names our prelates so much triumph ) were so poor , that they had no palaces , houses and temporall possessions , as our arch-bishops and bishops had ; i can yet discerne no matter of concience in it , why our bishops should have more then these pillars of the church , either enjoyed or desired , they being content with food and raiment as paul was , and desiring no more . it is z storied of our ancientest bishops that i read of , present at the councell of ariminum , anno domini 379. that they were so poore , that inopia preprii , publico ust sunt , they were maintained at the emperours publique cost , for want of private maintainance of their owne ; yet they were eminent both for piety and learning . and if their predecessors were anciently so poore , it is no point of conscience to deprive our lord bishops , not onely of their lands , but function too , for the peace and settlement of three kingdoms , now at the point of ruine . when the church of christ was miserably rent and torn in affrica by the schismaticall donatists , who would have no prelates and bishops ; that eminent bishop of hippo saint augustine , and almost three hundred affrican bishops more , were content to lay downe their bishopricks wholly for that churches peace : and thereupon saint a augustine uttered these memorable words , which i heartily with all our bishops would consider , and then they would lay downe both their lands and bishopricks too , for our three kingdomes present peace . an vero redemptor noster , & c ? what verily did our redeemer descend from heaven it selfe into humane members , that we should bee made his members , and doe we feare to descend out of our chaires , left ●is very members should be torn in pieces with cruell divisions ? we are ordained bishops for christian people ; that therefore which profitith christian people to christian peace , that let us doe concerning our episcopacy . what i am , i am for thee , if it profit thee ; i am not if it hurt thee . if we be profitable servants , why do we envy the eternall gains of our lord for our temporall sublimities ? our episcopall dignity will be more fruitfull to us , if being laid downe , it shall more unite the flock of christ , then if it shall desperse it being retained . if when i shall retaine my bishoprick , i shall disperse the flock of christ , how is this dammage of the flocke the honour of the pastour ? for with what forehead shall we hope for the honour promised in the world to come from christ , if our honour in this world hinder christian vnity ? they had no bishops lands then to part with , but yet for peace and unity sake , they were thus content to part with their very bishopdoms themselves . and will not the king then in point of conscience part with the bishops lands for our present peace , when he shall know or be truly informed of all this ? fourthly , for the judgement of divines , i could produce divers against the great possessions of bishops in all ages ; as making them secular , proud , vitious , lasie , which i have b formerly published at large : but i shall onely at present informe you , that our famous c iohn wickliffe professedly maintained , that the king and temporal lords grievously sinned , in endowing the bishops with large temperall possessions , which hath reversed christs ordinances , and procreated antichrist ; and that they were bound in conscience to take away their lands and temporalties from them , which they had abused to pride , ambition , discord &c. his disciples , or noble martyrs , william swinderby , iohn purvey , sir iohn oldcastle ; and after them , pierce plowman , geffrey chaucer , mr. tyndall , doctor barnes , iohn firth , sir iohn borthwike , ( a martyr ) the author of a supplication to king henry the eight , the author of the image of a very christian bishop , and of a counterfeit bishop : william vvraughton , in his hunting of the remish fox ; mr. fish , in his supplication of beggers ; henry stalbridge , in his exhortatory epistle , and others , are of the like judgement ; and roderick mors , in his supplication to the parliament , ( in henry the eight his reigne ; ) to omit penry , and others , in queene elizabeths reigne . and why there should be more sacriledge in taking away bishops lands in england then in scotland , or abbey lands heretofore from abbeys and priories , i cannot yet discerne . all which considered , i hope his majesties conscience may and will be rectified in this particular , before the treaty be absolutely confirmed by acts of parliament ; so as this of bishops lands shall make no breach between us : in clearing which , i have beene the more prolix , because it is most insisted on of any thing , in point of dis-satisfaction , both by the king and us . as for all our other propositions , relating to the peace and settlement of the church , the king hath fully assented to them interminis : as namely , to the bill for the better advancement of the preaching of gods word , and setting godly ministers in all parts of the kingdome : to a bill against pluralities , and non residencie : to an act of confirmation for the calling and setling of the assembly of divines : to an act for the confirmation of the directory , and abolishing the booke of common-prayer throughout the kingdome , and in the kings owne chappell too ( yeelded unto in the kings finall answer , though formerly stuck upon ; ) to an act for taking the covenant throughout the realme , only the king sticks at it ( as yet unsatisfied in conscience ) as to the taking of it himselfe without some qualifications in it , which a committee were appointed to consider of , but have not yet reported ought to the house . besides , he hath approved the lesser catechism as far as you desired , who rest satisfied with his answer concerning it : and as for the presbyteriall government , he hath absolutely consented to settle it for three years . but it hath been much insisted on by many , that the kings grant of the presbyterian government is no wayes● satisfactory , because only for three years ; and therefore they will break off the treaty for this reason , and vote the kings answers upon the whole unsatisfactory , because too short in this particular . to which i answer , that the king in terminis hath granted as much as we desired . we desired its settlement but for three years , and many who most pretend dissatisfaction in this point now did , and do indeed desire no setled government at all , no not for three years space : therefore if there be any default in this , it was in the houses proposition only , not in the kings answer , who was not obliged to grant us in this particular , or any other , more than we desired . secondly , after the three years expiration the presbyterian government must remain till a new be agreed upon by consent of the king and both houses , upon conference and advice with the assembly of divines , or that further established if found best and most sutable in the interim . so as now upon all the branches of this treaty , and the kings answers thereunto , i conceive the kings answers to be compleatly satisfactory in that sense i have stated and debated the question , as well for the safety and settlement of our church and religion as kingdom ; though the kings answers come not up fully to the propositions in some two or three particulars only . it is storied of * alexander the great , that one demanding of him to give him a penny , he returned him this answer ; that it was too little for alexander to give : whereupon he demanded a talent of him ; whereunto he replyed , it was too much for a begger to receive . we have demanded of the king in our own and the kingdomes behalf in former treaties , but a penny in comparison , and then the king refused to grant it , though we would have been heartily contented with it , or lesse : but now we have in this treatty demanded a talent , and the king hath not thought it overmuch for him to grant , or for us to receive , and if we shall now ungratefully reject it , we know not why our selves , unlesse it be that god hath infatuated , and designed us unto speedy ruine for our sins ; i must needs take up our saviours lamentation over dying ierussalem , in relation unto england : * o that thou hadst known in this thy day , the things that belong unto thy peace ; but now they are hid from thine eyes . and i pray god they be not so far hid , that we shall never live to see any peace or settlement at all in church or state , if we embrace not those concessions now ; the best , the largest , the honourablest , the safest , and most beneficiall that ever was tendred to any people by a king ; and if we now reject , we shall never have the moity of them granted us again , no though we soek them carefully with tears , as esau did his last blessing , when he had overslipt his time but a very little . for mine own part , i value no mens bare opinions in this debate , but their reasons which inforce them ; and if i have not quite lost my reason and senses too , i have not heard one solid reason given by any gentleman that differs from me , why the kings concessions upon the whole treaty should be so unsatisfactory as utterly to reject them , and proceed no further . most of the reasons to the contrary have been either cleer mistakes , both of the question , and kings answers , or our propositions ; ( and mistakes are no reasons , but irrationall ; ) or a fear in some purchasers of bishops lands of an ill bargain , which i presume i have fully satisfied , or that which is to me the most unreasonable ( though many gentlemens chief and only reason ) the armies discontent and dissatisfaction , in case we vote it satisfactory : to which i shall give this answer : that though i honour the army for their good services heretofore in the field and wars , and should as readily gratifie all their just desires as souldiers , as any man ; yet i must with just disdain and censure look upon their magisteriall encroachments upon our councels , and prescriptions to us , what to vote in our debates , or else they will be incensed , as the highest violation to the freedom , ● honour and priviledges of parliament , not to be presidented in former times , nor now to be endured . we all sit here , freely to speak our own mindes , not the armies pleasure ; to follow our own consciences and judgments , not their imperious dictates ; to satisfie the whole kingdom , and those who have intrusted and sent us hither , whose representatives and servants we are ( not the armies ) by pitching upon that which is most conducing to their welfare and our own too ; not to satisfie the army in all their unreasonable extravagant demands , ( who are but ours and the kingdoms servants , not masters ) to the kingdoms , peoples , our own ruine , and the armies too . and so much the rather , because i have observed a dangerous practice in some officers and members only of the army , to make use of the whole armies name , ( without their privity or consents ) forcibly to drive on their own private pernicious designs in the house , and to fright and cudgell us into votes ( as some say we were cudgelled into a treaty ) with the very name of the army , without any reason at all ; and if that will not doe the feat , then they presently mutiny , and bring up the army it self to or neer the houses doors against them , contrary to our expresse commands ( as heretofore and now they have done ) to force us to vote against our judgements , consciences , reason , and the publique safety , what ever they shall dictate , be it never so absurd , dishonorable to our selves , or destructive to the kingdom ; and though the army , and those who usurp their name be not present at our debates ( as they seldom are , though some of them are members ) yet if they suit not with their foreplotted designs , they will presently censure them and those that passe them , without hearing or weighing of their reasons : and though they contend most earnestly for libertie of conscience for themselves , and all others of their confederacy out of the house , and for a liberty for their own party , to enter * their particular protestations and dissents to the house to any vote they like not ; yet they will admit no liberty of conscience , nor freedom of dissenting unto us , nor us to be masters of our own reason , votes or discretions in the house it self , where wee should have most freedom , ( as is evident by sundry magisteriall , over-ruling , censorious passages in their late * remonstrance , november 20. ) and if we vote not fully with them , they presently take us for apostates and violaters of our trust , fit , not only to be secluded the house for the present , but not to be entrusted for the future ; to such an height of insolency are they grown . therefore for any members to make their pleasing , or displeasing of the army , whom they thus abuse , the sole or principall reason of their ay , or no , is such a solecism and breach of priviledge , as ought not now to be named , much lesse pressed as a reason , without some severe censure or exclusion from the house ; especially in this instant debate , for the settlement of our peacè , to which those who make a trade of war , will certainly be most averse , having little else to live on , or support their present greatnesse , if the wars be ended . yea , but they further object , that if we discontent the army by voting the answers satisfactory , we are undone , they will all lay down their arme ( as one commander of eminency hath here openly told you he must do ) and serve us no longer , and then what will become of us , and all our faithfull friends ? i answer , that i hope the army will not be so sullen , as to desert or turn against us , for voting what our consciences and judgments prompt us , is most for theirs , ours , and the kingdoms safety ; and that without hearing or scanning our debates : if they be , i shall not much value the protection of such unconstant , mutinous , and unreasonable servants ; and i doubt not but if they desert us on so sleight a ground , god himselfe and the whole kingdome will stand by us who else i fear will both unanimously rise up against us , to ours , and the armies destruction : and if the king and we shall happily close upon this treaty , i hope we shall have no great need of their future service . however , fiat justitia , ruat coelum , let us do our duty , and leave the issue to god. it is better for us to perish doing our own duties , then to be justly destroyed by following other mens wills against our duties and consciences too . he that thinks to save himself or the kingdom , by such a sinful and unworthy compliance , shall be certain to lose both himself and it in conclusion . however , both the arguments of displeasing the army , and the ill consequents of it , are altogether extraneous and impertinent to the question , and amount but to this non sequitur . the army will not have us proceed further upon the treaty to settle peace ; ergo , the kings answers are unsatisfactory . what will all wise men , what will the kingdom , what will scotland , ireland , and our friends abroad ( whose eyes are all intent upon the result of the treaty , and must be satisfied in the reasons of our breach upon it lest they all fall foul upon us ) think of such absurd nonsense as this ? had the treaty been only between the king and the army , not him and the houses , this reason might have contented some men ; without expressing any grounds of their dissatisfaction ( of which they think the army more competent judges then the parliament : ) but the treaty being only between the king and both houses , not the army ; that we who are the only parties to the treaty , and judges of the satisfactorinesse thereof , should set aside our own reasons , consciences , judgements , and make the armies absolute peremptory will , the only principall reason of our dissatisfactorinesse with the kings concessions , ( which i am confident not ten men in the army ever heard of , but by report alone and never seriously scanned , as we have done ) is such an absurdity , as will render us for ever both ridiculousand odious to all our friends and foes , to present , to future ages . for shame therefore let us no more insist upon such extravagancies . having answered these two iron arguments , against the unsatisfactorinesse of the kings answers , and all others hitherto insisted on : i humbly conceive , i have fully satisfied every rationall mans conscience , that the king hath granted us all we have demanded , that is really necessary or conducing to the speedy settlement of a lasting and well-grounded peace , and the future security of our state , kingdom , church , religion , against all feared dangers from the king or any others ; and i shall challenge and put it to the conscience of any gentleman dissenting from me , whether he can propound any one thing more ( except an oath which is intended when all is concluded ) essentiall , for the fuller and firmer setling of our laws , liberties , priviledges , lives , estates , religion , kingdoms , parliaments , army , and satisfying of all publike interests , then what have been already propounded and the king compleatly granted in this treaty : if then the king hath granted us every thing , our selves during seven years advice and consultation could possibly think of for our security and settlement , far more then we our selves demanded in two or three former treaties , and would have bin glad with the moity of it within these few months , & ten thousand times more then we can gain by a breach with the king upon such disadvantages ; why should we not all rest thankfully contented , and blesse our god , that he hath at last inclined the kings heart to grant so much , whereas heretofore he refused to condescend to the tithe of that he hath granted now● doubtlesse we can never answer such a peevish absurd ingratitude either to god or men , and those counties , cities , and buroughs , who sent us hither in their steads , will conne us little thanks , for refusing peace , upon such honorable , beneficiall and safe concessions , as neither they nor we can ever hereafter hope for , if rejected now ; upon no grounds of reason , but peevishnesse and will. if any object ( as some have done ) that the king indeed hath granted all we can desire ; yet he is so perfidious in his oaths and promises ( as we have found by sad experience , in all his reign ) that we cannot trust him ; and therefore all he hath granted , is to little purpose . i answer , that if all he hath granted were still in his own power to dissolve or recall at pleasure , this argument were materiall : but since he hath put all our desired security in our hands alone , and such as our selves shall appoint , and left nothing unto his sole or joint disposall with us , the objection is but weak , and recoils upon our selves , that we dare not trust our selves with our safety . it a sha●k come to borrow some money of a usurer , whose word and hand he dares not take ; yet if he give him a pawn or morgage of his lands in hand , he will then trust him without any scruple : the king hath given such a sufficient pawn , morgage , and put it into our own hand , therefore we need not doubt him now . besides , if we cannot trust him for what he hath granted , it was a mockery of him and the kingdome to treat with him to grant it : and if so , the kingdom will say , they have little cause hereafter to trust us for such palpable dissimulation , as the king. for my part , i have seen so much experience in the world , that i dare trust none with my own or the kingdoms safety , but god● alone . * put not your trust in princes , nor in any son of man in whom there is no help : it is better to trust in the lord , then to put confidence in men or princes , have been my maxims , and we have seen such strange mutabilities and perfidiousnesse in men of all sorts since our troubles , that we cannot trust neither the king , nor prince , city nor countrey , this generall , nor that generall ; this army , nor those that were before it , nor yet our selves who are jealous one of another , trecherous one to another , distrustfull of all ; and now distrusted by all , ever since we began to confide in men , and found out a new generation of confiding men : let us begin to trust in god alone in the first place , and then we need not distrust the king for time to come any more then others , or our selves , whose dear bought experience of breach of former trust and promises , will make him more carefull of violating his present concessions for the future , especially having put such security● unto our own hands to bind him to an exact performance . but it hath been objected by the generall and officers in the army , in their late * remonstrance , and by some who have spoken in this debate ( who would teach the king before hand how to elude and vacat all his grants and promises ) that all the kings concessions are and will be void , because made by duresse of imprisonment whiles under restraint . i answer , that the king during all this treaty hath been in such a condition of honour , freedom , and safety , and had such free liberty of consultation and debate upon his own earnest desire and his parties too , as well as the houses ; that he can neither with honour nor justice avoid those . concessions by any pretext of duresse ; especially since he hath denyed some things , and had the same liberty not to have granted other things , had he been pleased not to grant them . besides , the king is to confirm the whole treaty by acts of parliament , to which he is to give his royall assent ( and oath too ) when all is concluded , and that in a free condition ; & then no duresse can avoid them , nor more then magna charta it self first gained by the sword , and oft confirmed in parliament by our kings against their wills . in the year of our lord 1222 * the barons demanding of king henry the third , the confirmation of the great charter , and their liberties according to his oath upon the conclusion of the peace with lewis of france : william brewer one of his ( evill ) councell , answered ; that the liberties they demanded were not to be observed nor confirmed , because they were forcibly extorted : whereupon words growing between the barons , the archbishop of canterbury , and brewer ; the king closed up the strife with this honourable answer : all of us have sworn to these liberties , and that which we have assented and sworn to , all of vs are bovnd to observe . we to this day injoy these liberties , being confirmed by act of parliament , and sworn to by our kings , though forcibly extorted at the first . and so may we much more enjoy the kings concessions when turned into acts , and sealed with a sacred oath , superadded to a royall assent . mr. speaker , i have now waded through the whole treaty , and given you the best reasons i can out of every parcell of it to prove the satisfactorinesse of the kings answers , and answered all objections hitherto made against my conclusion , i shall now , by your patience and leave , proceed a step or two further , to evidence by cleer demonstrations and reasons to your consciences . first , that our closing with the king upon these concessions , is the only , the speediest , best , loyallest , safest and certainest way to settle a firm and lasting peace , between the king , parliament , and his three kingdoms . secondly , that the new way to peace and settlement proposed and prosecuted by the generall , the officers of the army , and their friends in the house , is a most desperate , dishonourable , unsafe course , and certain way to speedy ruine , both of our king , parliaments , army , city , country , and three kingdomes too ; yea , a ●eer project of the jesuites , to destroy the king , dissolve this present , and all future parliaments , betray ireland to the popish rebels , subvert our religion , reformation , laws , liberties , kingdoms , introduce popery , tyranny , slavery , and makes us a prey to our forreign enemies : and if i make this clearly appear to all your consciences and reasons , i beseech you lay all your hands upon your hearts , and consider what you vote in this debate , lest you become instrumentall to the jesuits , & accomplish these their designs , in stead of setling a safe and well grounded peace upon their new-fangled foundations of liberty and safety , but indeed of slavery and ruine . to begin with the first branch of the first of these assertions ; that our closing with the king upon these concessions , is the only way to settle a firm and lasting peace between the king , the parliament , and his three kingdoms . not to insist upon this generall ; that treaties in all ages have been the usuall and only way to conclude and settle peace and unity between kings and their people , and all dissenting kingdomes , states , persons , and therefore this treaty now is the only way to our pr●sent peace and settlement : i shall pitch only upon particulars . first , that your selves in this house , and the lords in their house , have severally and joyntly voted and resolved over and over heretofore , and published to all the world from time to time in sundry declarations , remonstrances , and other printed papers since the kings departure from the houses , and the late warres : * that it hath been , is , and alwayes shall be their cordiall desire , and sincere unwearied endeavour to settle a speedy , firm and well grounded peace between his majesty , his people , and three kingdomes ; and that this hath been the only end they have aymed at in all their warres and treaties with the king. * that the kings presence with , and residence neer his parliament , is of so great necessity and importance towards the removall of our distractions , feares , iealousies , the happy beginning of contentment betweene the king and his people , and the settlement and preservation of the peace and safety of the kingdome , and kings person . that they thought they had not discharged their duties untill they had declared and backed it with some reasons . that those persons who advised his maiesty to absent himselfe from his parliament , are an obstruction , and enemies to the peace of this kingdome , and justly suspected to be favourers to the rebellion in ireland . * that the sending of propositions , and a treaty with the king , and a good close with him and his commissioners thereupon , is the only way to settle a firme , safe , and lasting peace . and this is the only way and meanes you have hitherto pursued to obtaine such a peace and settlement . secondly , the parliament of scotland and their commissioners here imployed , have voted and resolved this , the onely way and meanes to such a * peace and settlement , both for this kingdom , and their own too , and have joyned with us in all former treaties , and promoted this . thirdly , the generality of the people , and all the wisest and most cordiall to the publique interest both of the parliament and kingdome , have approved and desired a treaty and close with the king , as the onely meanes of peace and settlement , as is evident , by their frequent and multiplyed petitions to both houses . fourthly , the * king himselfe and all his party , when tyred out with the miseries of war , have desired and embraced a treaty , as the only means to close our bleeding wounds , and make a firme vnion betweene the king , parliament and three kingdoms . fifthly , the generall , officers , and councell of the army themselves , when in their right senses , and not intoxicated with selfe-conceit and iesuiticall principles , have publikely declared , that compliance by a treaty with the king , and restitution of him to a condition of honour , freedome , and safety , was the only way to a lasting peace and settlement ; yea , the grandees of the army were so over forward to comply , treat , and close with him upon termes more dishonourable , and lesse safe then these we are now a closing with him in this treaty ; that when they falsly impeached the eleven members the last summer in the house of commons , for holding secret intelligence and correspondence only with him , without consent of the house ; themselves at that very instant , without and against consent of the houses were secretly treating and complying with him upon proposals framed by themselves , and perswade the king to reject the houses proposition sent to his maj. to hampton court , to treat upon those they had tendred to him privately , without the houses privity , as more advantagious to him , and his party , then the parliaments , declaring to all the world ; that they were as cordiall to the king , as desirous to bring him up to london , & to restore him to a condition of honor , freedom , and saftey , and more favourable to delinquents in mitigating their fines and punishments , then the houses . all which they are not ashamed to acknowledge in their last remonstrance novemb. 20. p. 43. 44. yet with this det●stable brand upon themselves , that their compliances with him were but negative : secondly what we declared of moderation , was but hypotheticall : with carefull caution , and saving for the ●publique interest , according to our then understanding of it , &c. yet however , in that degree of compliance admitted in that kinde , we find matter of acknowledgment before the lord , concerning our error , frailty , unbelief , and carnal councels therein , and we blesse him that preserved us from worse . if their compliance and treaty with the king &c. was but hypotheticall [ as i fear this very remonstrance and their acting since all are , or at least wise iesuiticall , ] i hope our treaty shall be reall , and not in their power to make it hypocritical , as they have attempted , by endeavouring to force us , by this remostrance and their subsequent advance to london to break it off , to render us odious to our king and kingdomes , god and all good men , and translate the odium of it from themselves to us . and because themselves may discover their owne apostasie from their former principles , which they would falsly father upon us , and how justifiable and advantagious to the kingdom our closing with the king upon these propositions , are before all the world , be pleased to take notice of these following passages in their own letters , declarations , and remonstrances : made upon mature advice a year before this treaty . in the humble remonstrance from his excellency and the army under his command , presented to the commissioners at st. albans , iune 23. 1647 p. 12. they print . whereas there has been scandalous informations presented to the houses & industriously published in print , importing , as if his majesty were kept as prisoner amongst us , barbarously and uncivilly used , we cannot but declare , that the same and all other suggestions of that sort , are most false , scandalous & absolutely contrary not only to our declared desires , but also to our principls , which are most clearly , for a generall right and just freedom to all . and therefore , upon this occasion , we cannot but declare particularly , that we desire the same for the king and others of his party , ( so far as can consist with common right and freedom , and with the security of the same for the future ) and we do further clearly confesse , we do not see how there can be any peace to the kingdom firm or lasting , without a due consideration of , and provision for the rights , quiet and immunity of his majesties royall family , and his late partakers : and herein we think that tender and equitable dealing [ as supposing their cause had been ours ] & a spirit of common love and justice , diffusing it self to the good and preservation of al , will make up the most glorious conquest over their hearts [ if god in mercy see it good ] to make them , and the whole people of the land lasting friends . and in the representation of the army , june 14 1647. there are the like expressions of their judgments , in relation to the king and his party too . in a letter of st. t. fairfax to both houses of parliament , giving an account of some transactions between his majesty and the army , dated from redding july 6. 1647. there is this passage [ which he there declares to be the generall sense of all or most part of the officers in the army . ] in general , we humbly conceive , that to avoid all harsh●ness , and afford all kind usage to his majesties person , in things consisting with the peace and safety of the kingdom , is the most christian , honorable , and prudent way : and in all things we think , that tender , equitable and moderate dealing , both toward his majesty and his royal family , and late party , so far as may stand with the safety of the kingdom , and security to our common rights & liberties , is the most hopefull course to take away the seeds of war , or future seeds amongst us , for posterity ; and to procure a lasting peace and a government , in this distracted nation . since this : the officers and army in their proposals 1 aug. 1647. for the settlement of a firm peace : have this for one , that his majesties person , queene and royall issue , may be restored to a condition of safety , honor , and freedome in this nation , without diminution of their personall rights , or further limitation to the exercise of the regall power , then according to the particulars aforegoing . these proposals of the army , were so pleasing to his majesty , that in his answer to the propositions presented to him at hampton court the 7 of septemb. 1647. by the commissioners of both houses and of the kingdome of scotland , he refused to grant the propositions by them tendred , as being destructive to many principall interests of the army , and of all those whose affections concurred with them . and he gave this further answer to them . that his majesty having seen the proposals of the army to the commissioners from his 2 houses residing with them , and with them to be treated in order to the clearing and securing the rights & liberties of the kingdom , as to the settling of a just & lasting peace . to which proposals , as he conceives , his two houses not to be strangers , so he beleeves they will think with him , that theymore conduce to the satisfaction of all interests , & may be a fitter foundation for a lasting peace then the propositions which at this time are tendred to him . he therefore propounds ( as the best way in his judgement in order to peace ) that his two houses would instantly take into consideration those proposals upon which there may be a personal treaty with his majesty , & such other proposals as his majesty shall make , hoping that the said proposals may be so moderated in the said treaty , as to render them the more capable of his majesties full concessions , wherein he resolves to give ful satisfaction to his people , for whatsoever shall concern the settling of the protestant profession , with liberty to tender consciences & the securing of the laws , liberties , and properties of all his subjects , and the just priviledges of parliament for the future &c. in which treaty , his majesty will be pleased ( if it be thought sit ) that commissioners from the army , whose the proposals are , may likewise be admitted . ●oe , here we have the general , officers , and army it self so zealous of a personal treaty with the king , for settlement of this kingdoms peace , and the carrying on of their owne interests , that themselves draw up proposals for a treaty with him , without the houses privity : yea , prevail * with him to lay aside the houses propositions to treat upon theirs , as more advantagious to him and his , and less beneficiall to the kingdoms interest . in which treaty he desires , that commissioners from the army ( whose the proposals were ) might likewise be admitted : & yet these zealots for a treaty then , are most furious to break off our treaty now , even by open force and violence , almost upon the very close , though they never made any opposition against it during * all its agitation ; perchance to bring on another treaty with the king upon their own proposals ; wherein the king and they will be the only treatours , and the houses but idle spectators , to rob them of the honor and benefit expected by our present treaty and of settling of the kingdoms peace , on so good terms for the publike interest . in fine , the generall and army under his command , in their remonstrance , of the 18 of august , 1647. [ approved and printed by order of the house of peers , ] p. 14. do thus expresse their readinesse and desire for the parliaments closing with the king , upon good grounds , and his bringing up to london [ though now they cry out for nothing bu● justice and execution to be done upon him , as their capital enemy ; ] for our parts , we shall rejoice as much as any , to see the king brought back to his parliament , [ and that ] not so much in place , as in affection and agreement , on such found terms and grounds as may render both him , and the kingdom safe , quiet , and happy . and shall be as ready as they to bring his majesty to london , when his being there may be likely to produce ( not greater disturbances or distractions , but ) a peace indeed , and that such , as may not [ with the shipwrack of the publike interest ] be shaped and moulded only to the private advantages of a particular party or faction , but bottom'd chiefly on grounds of common and publike welfare and security . the general , officers and army therefore , being so zealous for a treaty and close with the king , in all these severall remonstrances , papers , and proposalls , as the only hopefull way of settling and securing the kingdoms peace , cannot without the highest injury , and most detestable jugling , hypocrisie , and apostasie from their own ingagements & principles ( wherewith they do now falsly charge the house ) dislike our present proceedings in the selt same way , upon his majesties concessions in this treaty ; which by all these particular resolutions , and the armies own acknowledgments , is the only way of peace and settlement . secondly , as it is the only , so the speediest way of all other : if we now accept of these concessions , ( the most whereof i have turned into bils already , and shall turn all the rest into bils by our next sitting ) i see no reason but we may in one fortnight , at least by the first of ian. next , have fully settled and concluded all things in difference between the king and us , to the general content and safety of all honest men : and so end the old and begin the new year with peace . whereas if we now break off and let go all the king hath granted , i see no end of our wars and miseries , nor any probable means of peace and settlement in many years at least , if ever in this or the succeeding generation . and the speediest remedy in this case ( especially considering the kingdom is so far exhausted , that we know neither how to pay our publike debts , our fleet , or army their present arrears , much lesse their future ) must needs bee the best , and be preferred before all others that will require more time , and expence , and be more hazardous and contingent in the event . thirdly , as it is the speediest : so the best , and legallest , safest and certainest way of all others . first , there is no danger nor hazard at all in it , nor any expence of mony or effusion of bloud : 't is but accept , and then confirm by acts and oaths , and the work is presently done : if we think of settlement in any other way , we must fight again , and that will be both costly & hazardous : and when all is done , we must treat again , perchance upon worse terms , else there will be no peace nor settlement . secondly , this is the way we have ever formerly pitched upon , the way all parties have consented to and approved , but those alone who desire neither peace nor settlement : therefore best , safest , and durablest . thirdly , it is the legallest , certainest , because a peace and settlement by acts of parliament the highest security to english men under heaven , to which king , lord , commons , & in them the whole kingdom consent , & wil all acquiesce in what is done , without question or future dispute : what peace soever is settled otherwise , either by a bare order or ordinance of the houses , or by the sword & power alone : will neither be sure , safe , nor lasting , no longer then maintained by the sword , & every man will be sure to question and unsettle all again upon the least advantage given . the highest security that england ever had , was magna charta , and the charter of the forrest : these were gained by the sword , but not held by it . that which hath kept & perpetuated these since their making was those acts of parliament which confirmed them , these are only security for what ever we enjoy , which will survive all other we can think of , nullum violentum est diuturnum : whereas priviledges kept and held by publike acts will last for ever , and be entailed to us and our posterities , with peace and happiness attending them . this was the way of settling peace between kings and subjects heretofore in henry the 3. edward the 2. richard the 2. henry the 6. raigns , and an act of pacification and oblivion was the only safe and usuall way the parliaments both of england and scotland lately fixed on , to settle a firm and lasting peace between both nations , kingdoms . all other settlements will be but like an ul●●r skinned over , which will soone break out again , with greater pain and danger then before . 2dly , for the new way proposed by the army , for a firm peace & settlement , it is certainly the most desperate , dishonourable , dangerous and destructive that can possibly be imagined , and such as we can neither in honour , justice , conscience nor prudence imbrace . to examine it a little by parts : the first way to peace and settlement propounded by them , is presently to break off the treaty : and that , contrary to our publike faith to the king and kingdom , yea , to our own votes , before the treaty was fully ended : this is the drift of their whole remonstrance . which as it will totally , if not finally deprive us of the fruit & benefit of all the k. concessions in the treaty , [ all which are by mutuall agreement no wayes obligatory to either party in any particular unless all be agreed ] being all that we can possibly think of for our safety and advantage , and more then any nation under heaven yet injoied , so it wil inevitably cast us upon present wayes of new distractions , confusions and civill wars , now we are quite exhausted , and end at last in our absolute destruction , instead of a wel-grounded peace , and those blessings we may forth with enjoy for the very accepting , without further charge or trouble . but if god , beyond our hopes , should after any new embroylments give us peace , yet it must be upon a new treaty , and that perchance upon far worse terms then now are offered . therefore it must needs be dangerous to reject a safe way , to follow a hazardous or destructive one . the next thing proposed by them for a speedy peace and settlement , is the bringing of the * king to speedy justice for all his treasons and bloodshed in the late wars , and then to depose and execute him as the greatest capitall malefactor in the kingdom● this certainly is a very dangerous aund unlikely way to peace and settlement , first of all , * the smiting of the shepheard , is the way to scatter , not unite the sheep . the slaying of the king or generall in the field , * scatters and dissolves the army , not secures them . to cut off an aking head , is the next way to destroy , not cure a diseased body : such kind of state policy may destroy , or disturb , but never settle us in perfect peace : the prince , his next heir , the queen , the duke of york , all his children , and allies both at home and abroad , will certainly meditate revenge , and all kings in christendom will assist them , even for their own interest and safety , lest it should become a president for themselves . and will this then secure or be a likely way to peace or settlement ? 2. the greatest part of the members in both houses , the lords , gentlemen , and all sorts of people throughout the kingdome , the whole kingdomes of scotland and ireland , ( who have as great an interest in the kings person being their lawfull king , as we have , and are obliged by allegiance and covenant to protect his person and crown from violence ) will unanimously , as one man oppose and protest against it , and by force of arms , endeavour to bring those to execution who shall presume to advise , or attempt to depose or destroy the king in any kinde , contrary to their allegiance and solemne covenant : yea all protestant realms , churches , states in forraign parts will abhorre both the fact , and adjudge it contrary to their principles and religion , and that which may irritate popish kings and princes to take up arms to ruine them , lest they should fall into the like jesuiticall practice . and can this be a safe or speedy way to peace and settlement , especially when we know not what government shall succeed upon it , and can expect nothing but bloody consequences from such a bloody jesuiticall advice ? thirdly , i never read of any peace or settlement in any kingdom , where king-killing was practised or approved . when the roman armies began once to kill their emperours , and cut off their heads , * they were scarce ever free from civill warres . one army set up one emperour , another army another , the senate a third , who alwayes warred till they had cut off one anothers heads . most of those emperours had very short reigns , few of them above a year or two , and some of them scarce two months , but most of them untimely deaths . in sclavonia and norway , where they had a law , that he that slew a tyrant king , should suceed him in the throne : they had almost every year a new king , perpetuall wars and discords , and not one of all their kings for above one hundred years together ever came to a natural death , but was murthered as a tyrant , and succeeded by a worse and greater tyrant : as * saxo grammaticus and nubrigensis testifie . and in the sacred story it selfe , it is very observable , that after the ten tribes revolted from rehoboam , though by gods iustice and approbation for solomons sinnes ; they had never any peace or settlement , but perpetuall wars with one kingdome or another , or between themselves ; their kings , or most of them were all tyrants and idolaters , and by the just hand of god , for the most part tumultuously slaine and murthered one of and by another , who succeeded them : he that murthered his predecessor , being usually slain by his successor , or his predecessors sons , servants , or by the people of the land , in a tumltuous way : in the 2 kings 15. we read in that one chapter of no lesse then 4 of those kings slain one by another : and as for the people under these kings they had never any rest , peace , settlement , or freedome , but lived under the greatest misery and oppression that ever any subjects under heaven did , as the sacred history records . this king-killing certainly can be then no probable way at all to peace , safety , settlement , freedome , but the jesuits pollicy to deprive us eternally of all these , and of god , and religion to boot ; as it did the ten tribes heretofore . fourthly this way to peace and settlement , is directly contrary to all the former engagements , oaths , and severall petitions , declarations , remonstrances , protestations , and professions of both houses of parliament to the king , kingdome● people , wherein were have alwaies protested and held forth unto them both before and since the wars . * that we will preserve and protect the kings person from danger , support his royall estate with honour and plenty at home , with power and reputation abroad , and by our , loyall affections , actions and advice , lay a sure and lasting foundation of the greatnesse and prosperity of his majesty , and his royall posterity in future times . that we are still resolved , to keep our selves within we bounds of faithfulnesse and allegiance to his sacred person and crown . that we will with our lives , fortunes , estates , and with the last drop of our blood endeavour to support his majesty , and his just soveraignty and power over us● and to prevent all dangers to his majesties person . that wee tooke up armes as well for defence of his majesty , to protect● his person , as the kingdome and parliament ; without any intent to burt or injure his majesties person or power : professing in the presence of almighty god , that we would receive him with all honour , yeeld him all due obedience and subjection , and faithfully endeavour to secure his person and estate from all danger ; and to uttermost of our power to procure and establish to him and his people , all the blessings of a glorious and happy reign ; which both houses severall times profest and remonstrated to the world . * that the allegation that the army raised by the parliament , was to murder and depose the king , was such a scandall , as any that professed the name of a christian could not have so little charity as to raise it ; especially when they must needs know , the protestation taken by every member of both houses ; whereby they promise in the presence of almighty god , to defend his majesties person ; and all their addresses and petitions to him expressing the contrary : that they never suffered it to enter into their thoughts to depose the king , abhorring the very thought of it , much more the intent . that they never suffered the word deposing the king , to goe out of their mouthes , nor the thing to enter into their thoughts , that they rest assured , both god and man will abominate that monstrous and most injurious charge layed upon the representative body of this whole kingdome by the malignant party , against the king● as designing not onely the ruine of his maiesties person , but of monarchy it selfe : the authors of which malicious horrid scandall , they professe to make the instances of their exemplary iustice , so soon as they shall be discovered . now for us after all these multiplyed reiterated protestations , promises , engagements , declarations , remonstrances to all the world , from the beginning of the differences and wars till now , to think or talk of deposing and destroying of the king , and altering the government , as the only safe and speedy way to peace and settlement , as the army-remonstrants prescribe ; would be such a most detestable breach of publike faith ; such a most perfidious , treacherous , unrighteous and wicked act , as not only god , angels , and good men ; but the very worst of turks and devils would abhor : and therefore it s a miracle to me , that these , precious saints should thus impudently , before all the world propose to the house , and force you to pursue it , to staine your reputation , and make you exerable to god and men. fifthly , the very oath of allegiance , which every one of us hath taken , upon our first admission to be members , engageth us in positive terms , not to offer any violence or hurt-to his maiesties royall person , state , or government , to beare faith and true allegiance to his maiesty , his heirs and successors ; and him and them to defend to the uttermost of our power , against all conspiracies and attempts whatsoever , which shall be made against his : or their persons , crowne , or dignity : and from our hearts to abhorre , detest , and abjure as impious and hereticall , this jesuiticall and popish doctrine , that princes excommunicated or deprived by the pope , ( as it seems the kings is now for extirpating episcopacy , popery , mass , and prelacy out of his dominions by his present concessions , without any possibility or hopes of replanting ) may be deposed or murthered by their subjects or any other whatsoever . which jesuiticall contrivance and practise as our whole state and parliament , in the statutes of 3● ia● cap. 1● 4 , 5 , 35. eliz. cap. 1. and other acts resolve , is the only way to unsettle , ruine and subvert , not to settle and establish the peace and government of our realme . and both houses since this parliament , have by a solemne protestation first , and by a solemne league and covenant since , with hands listed up to the most high god , engaged both themselves and the three kingdoms of england , scotland , and ireland , by a most sacred and serious vow and protestation ( purposely made and prescribed by them , for the honour and happinesse of the king and his posterity , and the true publike liberty , safety and peace of the three kingdoms , as the title and preface declare ) sincerely , really , and constantly to endeavour with their estates and lives , to preserve and defend the kings majesties person and authority , in the preservation and defence of the true religion and liberties of the kingdome , ( which he hath now fully and actually performed by his concessions in this treaty ) that the world may beare witnesse with our consciences , of our loyalty , and that we have no thoughts or intentions to diminish his majesties just power and greatnesse . and shall also with all faithfullnesse endeavour the discovery of all such as shall be incendiaries or evill instruments , by dividing the king from his people : that they may be brought to speedy tryall , and receive condign punishment . and shall not suffer themselves directly , or indirectly by whatsoever combination or terrour , to be withdrawne or make defection from this covenant ; but shall all the dayes of their lives really and constantly continue therein against all opposition , and promote the same against all lets and impediments whatsoever . and this covenant we all made in the presence of almighty god , the searcher of all hearts ; with a reall intention to performe the same , as we shall answer at that great day , when the secrets of all hearts shall be disclosed . now how we , who are members of this house , or any who are subjects of our three kingdomes , or officers and souldiers in the army who have taken this oath of allegiance , protestation , league or covenant , or any of them , ( as some of them have done , all or two of them at least , sundry times over ) can , without the highest perjury to god , treachery to the king , perfidiousnesse to the kingdome , infamy to the world , scandall to the protestant religion , and eternall dishonour to the parliament and themselves , atheistically break through or elude all those most sacred and religious tyes upon our souls ; by a speedy publique dethroning and decolling of the king , and dis-inheriting his posterity ; ( as the army remostrants advise , ) and ●that in the open view of the world , and that al-seeing god , to whom we have thus appealed and sworne , by that iesuiticall equivocations or distinstions , ( of which the armies remonstrance is full or professions of our damnable hypoc●isie in the breaking of them , transcends my understanding . and for those who stile themselves saints , and charge this as one of the highest crimes against the king , his frequent breach of oathes and promises , to transcend him & iesuites in this very sin , is such a monster of impiety as i conceive could never have entred into the hearts of infidells , or the worst of men or divells , and to act this under a pretext to preserve and settle the peace of the kingdom , is such a solecisme , as militates point-blank against the very words and scope both of this oath , protestation , league and covenant , which crosseth not the oaths of supremacy and allegiance , but more strongly engageth all men to preserve and defend the kings person and authority ; in the preservation and defence of the true religion and liberties of the kingdome ; as the assembly of divines , and both houses affirm in their exhortation to take the covenant , which prescribes this as the only meanes of securing and preserving peace in all the three kingdomes ; to preserve the person and honor of the king , his crown and dignity , from any such violence and invasion as is now suggested by the army ; which all three of them engage us , and all three kingdoms , with our lives and fortunes really and constantly to oppose , against all lets and impediments , &c. and to bring those to condigne punishment as incendiaries and evill instruments who suggest it . so as if the army will proceed in this jesuiticall destructive way , of treason and ruine ; wee , and all three kingdoms are solemnly engaged with our estates and lives unanimously to oppose and bring them to justice . and is this then the way to publike peace and settlement , to raise another new war to murther one another in this new quarrell , wherein the army and their adherents , must be the sole malignants and enemies we must fight with , & c ? no verily , but the high-way to the kingdoms & armies ruine , whose commissions wee are obliged to revoke ; whose contributions wee must in conscience withdraw ; and whose power wee must with our own lives resist , unlesse we will be perjured , and guilty of breach of covenant in the highest degree , if they persist in these anti-covenant demands . 7. both houses having held a personall treaty with the king so lately , and he having granted us in that treaty whatsoever we have or can demand for the safety and preservation of our religion , laws , and liberties ; and both houses engaged themselves by vote in answer to the kings propositions , to restore him to a condition of freedome , honour , and safety , according to the lawes of the realm ( which was the armies own proposals in his behalfe in august , 1647. ) wee can neither in honesty , honour , justice nor conscience ( were hee ten thousand times worse then the army would render him ) depose and bring him to execution . it being against all the rules of justice , and honour between two professed enemies , who had no relations one to another ; much more between king and subjects in a civil war , and a thing without president in any ages . to this the * army remonstrance answers , that this would be thought an unreasonable and unbeseeming demand in a personall treaty , between persons standing both free , and in equall ballance of power ; but not when one party is wholly subdued , captivated , imprisoned , and in the others power . but this certainly is a difference spun with a jesuiticall thred ; for to treat with any king in our power , or out of it , on articles of peace , upon these terms ; that if he consent to them , we will restore him to his throne with honor , freedom , safety ; and when he hath yeelded us our demands , then to depose and out off his head , is the highest breach of faith , truth , honor , and justice , that can be imagined : and those who dare justifie such perfidious and unchristian dealing deserve rather the stile of turks and equivocating iesuites , then pious saints . 8. there is no president in scripture , that the generall assembly , or sanhed●in of the jews or isrealites , did ever judicially imprison , depose or execute any one of the kings of iudah or israel , though many of them were the grossest idolaters , and wickedest princes under heaven ; who shed much innocent blood , and oppressed the people sundry waies . we know that david himselfe committed adultery with vriah his wife , a faithfull servant and souldier , whiles he was with his generall ioab in the field : and then afterward caused him to be treachero●sly slain . yet neither the assembly of the elders , nor ioab and the army under him , did impeach or crave justice against him for these sins , though hee lived impeniently in them . and when hee numbred the people afterwards , for which sin seventy thousand of his subjects lost their lives ; yet was hee not arraigned nor deposed for it : and god who is soveraignly just , though david was the principall malefactor in this case , i● not the sole ; and thereupon when hee saw the angell that smote the people , cryed out ; lo , i have sinned and done wickedly ; but these sheep , what have they done ? let thy hand bee against mee and my fathers house : yet god spared him and his houshold , though the principalls , and punished the people only with death , for this sin of his . after him solomon his son , a man eminent for wisdome and piety at first , apostatized to most grosse idolatry of all sorts , to please his idolatrous wives , and became a great oppressor of his people , making their burthens very heavy ; yet his subjects or souldiers did neither impeach nor depose him for it ; and though he were the principall offendor , yet god spared him for davids sake , in not taking the ten tribes from him for these sins , during his life ; though he rent them from his son rhehoboam , who was at most but accessory , for his fathers sins , not his . true it is , some of the idolatrous kings of israel , by the just avenging hand of god were slain by private conspiracies , and popular tumults , in an illegall way ; but not deposed nor arraigned by their sanhedrins , or generall congregations ; and those who slew them , were sometimes stain by others who aspired to the crown , or by the people of the land , or by their children who succeeded them ; and came to untimely tragicall ends . 9. though there be some presidents of popish states and parliaments deposing their popish kings and emperors at home , and in forraign parts , in an extraordinary way , by power of an armed party : yet there is no president of any one protestant kingdom or state , that did ever yet judicially depose or bring to execution , any of their kings and princes , though never so bad , whether protestants or papists ; and the protestants in france , though some of their kings , when they had invested them in their thrones , became apostates to popery and persecuters of their people ; albeit they resisted them by force of arms in the field to preserve their lives ; did never once attempt to pull them from their thrones , or bring their persons unto justice : and i hope our protestant parliament will never make the first president in this kind , nor stain their honor or religion with the blood of a protestant king , against so many oathes , protestations , covenants , declarations , and remonstrances made and published by them to the contrary . 10. for the presidents of edward the second , and richard the second in times of popery , they were rather forcible resignations by power of an army , then judiciall deprivations , neither of them being ever legally arraigned and brought to tryall in parliament . and mortimer who had the chief hand in deposing king edward the second , in the parliament of 1 e. 3. was in the parliament of 4 e. 3. impeached , condemned , and executed as a traitor , and guilty of high treason , for murthering edward the second after he was deposed , at berkley-castle , and sir simon bereford , ( together with thomas gurney and william ocle ) were adjudged traitors for assisting him therein ; one of them executed , and great rewards promised to the apprehenders of the other two . and as for richard the second though he was deposed after henry the fourth was crowned by pretence in parliament ; yet this deposition after his resignation only , not before it : and without any formall tryall or arraignment , or any capitall judgement of death against him ; for which i find no president in any parliament of england , scotland , france , nor yet in denmark it self , though an elective kingdome ; who , though they justly deposed christiern the second , for his most abominable tyrannies and cruelties , yet they never adjudged , or p●t him to death , but only restrained him as a prisoner . i shall only add this , that though the elective kingdoms of hungary , bohemia , poland , denmark , and sweden , have in their parliaments and diets deposed sundry of their kings for their wickednesses and tyranny yet they never judicially condemned any one of them to death , though papists , and for a protestant parliament ( to please an army only , acted by jesuites in this particular ; to render both parliament , army , and our religion too for ever execrable throughout the world ; and set all mens pens and hands against them to their ruine ) to begin such a bloody president as this , upon a most false pretext , of setling peace ; contrary to the express command of god himself ; who commands christians to pray for kings , and all in authority , that they may live a quiet and peaceable life under them in all godlinesse and honesty , ( not to depose or cut of their heads ; as the only way to peace and settlement ; will not only be scandalous but monstrous . the next thing they propose for a present peace and settlement ; it the executing of the prince if hee come not over upon summons at a short day , and give not satisfaction to the houses : or else to declare him and the duke of york , if they appear not upon summons , to bee uncapable of any trust or government in this kingdom , or any dominions thereunto belonging , and thence to stand exiled for ever as enemies and traitors , to die without mercy , if ever taken or found therein . a jesuiticall inevitable way to civill wars and ruine . for the king being deposed and cut off ; the prince no doubt is next heir to the crown , both by the common law , and the statute of 1. iacobi cap. 1. to which i doubt a vote or ordinance of both houses only , will be no such legall barre in any lawyers or wisemans judgement , but that hee will claim his right ; and the generallity of the kingdome ( at least ten thousand to one proclaim and embrace him for their lawfull king , and assist him with their lives and fortunes , both to regain and retain his right , being bound by their oath of supremacy and allegiance , and their solemn league and covenant so to do . and must not this of necessity beget a present lasting war ; in stead of a speedy setled peace ? undoubtedly it will. but consider further , that the prince is not only heir apparent to the crown of england , but of scotland and ireland too : and though we reject ; yet undoubtedly scotland and ireland will readily imbrace him as their lawfull king , notwithstanding any votes of ours ; and will both unanimously assist him with their lives and fortunes to recover his right to the crown of england : and those two kingdoms falling off wholly from us , and proclaiming warre against us , and joining with that potent party here , which certainly will appear in his behalfe , out of a naturall inclination to the right undoubted heir , or hopes of favour and preferment ( since plures solem orientem quam occidentem adorantur ) and with all his friends and allies forces from abroad ; whether this wil not be an unavoidable occasion , not only of a present war , but of certain destructions and desolation to this poor kingdome , and more especially to the army and their adherents in this desperate advice , ( who must stand or fall upon their own bottome , without the least aid or contribution from any other , ) i desire them , and all others who have either eyes or brains in their heads most seriously to consider . but that which makes me most of all detest this desperate advice , is this , that it is the only way that can be thought upon to accomplish the popes and jesuites designs , to set up popery , and subvert the protestant religion , and professors of it in all our three kingdoms , and in all forraign realms beyond the seas . for if this reforming parliament , which hath pretended so much to the extirpation of popery , shall so far play the popes and jesuites ( the undoubted contrivers of this armys new-model of our peace and settlement ) as to depose and behead the king his father , and forever disinherit him of the crown , & bring him as a traitor to die without mercy , if he come hither : it wil so far provoke and exasperate him & the duke , being both young and of generous spirits , not throughly grounded in our religion ; and under the queens tuition , and in the power of this popish party abroad , who will aggravate these high affronts and injuries put upon them to the utmost , and on whose protection they will be in this case necessitated to cast themselves ; that there is great fear and probability , they will immediately renounce such a bloody and detestable religion , as shall ins●igate us to such horrid actions and councels , and abominate all the professors of it , so as totally to abandon them , and turn roman catholicks in good earnest ; and then match themselves to great potent popish alliances : and by their purses , forces , and assistance ; and of the popes , and all his catholick sonnes in forraigne parts for the advancement of the catholick cause ; and of the popish , malignants , and discontented parties in england , scotland , and ireland ( which will questionlesse receive and assist the prince as their soveraign lord and king ) invade our poore , impoverished , divided and distressed kingdom with such a power , as in all humane probability would speedily over-runne and destroy this mutinous army , and the houses too , put them with their adherents to the sword , without mercy or quarter , and disinherit them and their heirs for ever , to revenge their fathers blood , and their dis-inherison of the crown , &c. and then popery and prelacy will both return with greater authority , power , & approbation then ever ; over-spread our whole three kingdoms , and extirpate our religion , & the professors of it , as the most anti-monarchical , treacherous and perfidious bloody miscreants under heaven ; & excite all other forraign states and kingdoms to do the like to prevent the springing up of a new generation of treacherous king-killing , state-subverting agitators , and hypocritical & perfidious army-saints ; and engage all protestant kingdoms , churches , and states , for their own security and vindication to disclaim and declare against us . this questionlesse will be the sad inevitable issue of this jesuiticall advice if ever the houses or army shall put it into actuall execution , and not speedily prevent it ; it being long since fore-plotted by the jesuites , as i shall prove anon , at the beginning of the late warre against the scots . but if the prince and duke be set aside ; i would gladly learn of these statists , who , and what king they would set up ? not any of the kings posterity certainly , since they dis-inherit two at a blow ; and the blood being corrupted by the kings and their attainders , no other heir can inherit it by descent ; it must escheat to the houses or armies disposal , and become no kingdom at all but an elective one , if any : and is this the next way to peace and settlement ? if so , i have certainly lost my reason and senses too . no , it will be a seminary of lasting wars ; of which few elective kingdoms are long free , every new election producing commonly a new warre , where there is no pretence of an hereditary succession , much more where a right heir is forcibly and unjustly dis-inherited : i shall give you but one instance , ( though i could name you divers ) and that is a memorable one at home in our owne kingdom . king henry the first , having one onely daughter * maud , to reserve the crown unto her after his death , caused her to be crowned , and made all the prelates and nobles swear to receive her as their queen and princesse after his decease . but she marrying afterwards to the emperour ; and being out of the realme when king henry died : the archbishop of canterbury with the rest of the prelates and nobles ( contrary to their oath and agreement ) elected stephen earle of bloyes for their king , and put by maud the right heir ; stephen taking an oath to grant and confirm those laws and liberties for the kingdoms peace and settlement , as they propounded to him before his coronation : a very likely means to settle peace and prosperity as they imagined . but was the event answerable ? no verily ; this cursed perjury and pollicy brought all the chiefe contrivers of it to great calamity and miserable ends ; and engendred a bloody civill warre in the bowels of this kingdom , which continued no lesse then seventeene years together , with interchangeable successes ; till the whole kingdom was laid waste and desolate , most houses , towns , and villages burned to the ground ; their gardens and orchards quite destroyed , their monies and estates exhausted and plundered ; their cattle and flocks consumed and eaten up , their fields over grown with weeds in stead of corne , most of the people devoured by the sword , famine and pestilence , and eleven hundred castles , holds , and garrisons erected , which were no other but dens of theeves and plunderers . this was the peace and settlement this policy produced . at last both parties weary of the wars , out of pure necessity , came to a personall treaty , and in conclusion made this agreement , that stephen having no issue of his body , should enjoy the crowne during his life ; and henry , son and heir to maud , and next heir also to stephen , should succeed him , after his death , and in some sort officiate with him in the kingdoms govenment during his life . and so these long lasting warres concluded ; after which there were at least eleven hundred castles demolished by order of parliament crected during these wars , to the countreys utter undoing . but if we dis-inherit the prince and duke , for ought i discern , if they suddainly recover not their possession of the crown of england , after one seven years of warre already elapsed , we may have seventeen years more , and seventeen after that again , and be reduced to a more miserable condition then our ancestors were in king stephens dayes : and that upon these two grounds . first , the contest then , was onely between two competitors for this one kingdom , who had no other kingdoms of their own to side with them . but the prince and duke being successively heirs as well to the crowns of scotland and ireland , as england ; will have their aid and assistance , and of their forraign friends too , to carry on the wars , till they have got possession of the crowne of england , upon better terms then ever they are like to enjoy it , if we accept of the k. concessions , which we can never expect from them , if we depose and kil the king , and dis-inherit & banish them for traitors . secondly , stephen the actuall king then had no issue at all , and henry was next heir to the crown , both to maud and him , so as both titles meeting in him , the controversie and wars must needs cease . but if we shall now set up a new king by election , either of the kings line or otherwise ; as long as there is either an elective king , or hereditary , to exclude this prince or duke , or either of their heirs to whom the inheritance of the crown belongs of right , we can neither hope for , nor expect either peace or settlement in this kingdom , as the bloody and long lived wars between the two houses of lancaster and york will inform us , which never ended till they were both united in king henry the seventh . the armies next proposall to settle the kingdoms peace , is as bad as any of the former ; to wit , * the speedy dissolving of this present parliament : which if not presently consented to , for ought i discerne by their last declaration , they are resolved to dissolve it by open violence on the houses , which they threaten . a tempest ( certainly ) of the jesuites raising , to blow down this parliament , as they would have blown up that of 3 iacobi with gun-powder . but is this a way to safety and settlement , to dissolve the onely visible meanes of both ? if the king , prince , duke , parliament be all dissolved , and quite laid aside , what meanes or hopes at all of peace , of safety , of settlement , can any man in his right senses rationally see or imagine ? is the overturning of the very foundations and pillars of our church and kingdom , the best and safest way to settle and preserve them ? is it not the onely certain way to subvert and ruine them ? such wayes of peace and settlement a● these are fitter for bedlam , then a parliament house . yea , but they have one infallible way more ( to which all the rest are but preparatory ) to settle peace and safety in our kingdoms , which they idolize , almost ; to wit , * a new representative , or mo●k-parliament , to be immediately subscribed to and set up in post haste , constituted neither of king , nor lords , ( the brats of tyranny and the norman conquest , as some of themselves pretend , as this representative is of the armies , ) nor yet of knights , citizens and burgesses duly elected , but of a selected company of politick mechanicks , pragmaticall levellers , and statesmen of the general councel of the army , ( as they stile themselves , by what commissiom i know not ) who have usurped the whole power both of king , parliament , assembly , and all courts of iustice before their representative be setled , as a true pattern of it , which they are to imitate . a meer whimsicall vtopia and babel of confusion , invented by the iesuites to please the vulgar rabhle , and stir them up to mutinies against king , lords , commons , gentlemen , and their superiours of all ranks , that they alone may possesse and sway the reins of government , magistracy and ministry , to which they have now prepared their tumultuous spirits . much * might be said against it ; but i shall contract my self , because nothing can be so much as probably pretended for it . first , it is a new jesuiticall , popish gunpowder treason with a witnesse , which blowes up and destroyes at once the king , prince , duke , lords , knights of shires , citizens , burgesses , this present and all future parliaments , and noblest , ancientest cities and boroughs of england . it not this a blessed invention to settle peace and safety ? secondly , it blows up both our magistracy , ministry , laws , liberties , judges and courts of justice at one crack , and breaks them all in pieces , to raise up this new bab●● out of all their ruines . and is not this a blessed new invention of jesuites and saints to settle peace ? thirdly , it blows up all our oaths of supremacy and allegeance ; protestations , solemn leagues and covenants , all former numerous declarations , remonstrances , votes and resolutions of one or both houses of parliament , * not to alter the present form of government by king , lords , commons and other ordinary magistrates and ministers of publick iustice ; or●●e● loose the golden reins of government to blasphemies , heresies , errors , libertinisme , pr●phanenesse , schisme , & all sorts of religions . it unsettles all things , to settle that which is worse then nothing . and is this the way to safety , tranquillity or settlement ? fourthly , it enforceth a● * subscription more unjust , unreasonable , illegall , tyrannicall and penall then ever the bishops or pope invented : invents and sets up the very worst of monopolies , a monopoly of electors of elections , and of representatives elected ; engrossing all mens ancient rights , liberties , priviledges of election without consent or title , into the hands of those who never had a right unto them , the people ; who are no free-holders , no free-burgesses , free-citizens , or men capable of votes by law : and these people no other then the army themselves and some of their levelling confederates : who must possesse , judge , rule , usurp the rights and priviledges of the whole kingdome , in point of electing parliament members , without charter or title : a cursed monopoly , which will discontent all men who are thus injuriously deprived of their rights , and produce nought else but infinite animosities , factions , fractions and tumuls throughout the kingdome , and discontent all wise , all honest men ; who will rather die , then not oppose it unto death , as carrying the death a●d funerall of al peace , settlement , parliaments , & the kingdome in its bowels . and is this a fit tool to peece and unite our shattred kingdome , and settle peace amongst us ? fifthly , it no way extends to ireland or our islands , but to england onely ; it will require many years time and triall to settle and secure its own being , priviledge & power , and gain any general obedience to its new erected soveraignty : so that our church and state will be sunk and drowned , and ireland inevitably lost , before this ark will or can be prepared for their safety . sixthly , this new● representative in this new remonstrance is ( in terminis ) nought else , but the very agreement of the people , presented to the house by the agitators , accompanied with some iesuites , on the 9. of novemb. 1647. ( then and in that very month twice , by two expresse votes upon solemn debate , and an ordinance of both houses in december following ; resolved , to be destructive to the being of parliaments , and to the fundamentall government of the kingdome ; and a signall brand of disability and imprisonment imposed on the contrivers and presenters of it ; and then condemned by the generall and his councell of warre , who shot one white to death for abetting it ; of which more a non . ) therefore it seems a miracle to me , that they should be now so virtiginous , rash , and audacious as to tander this to the house againe with such post-hast and violence , as the readiest , safest , and speedyest course to settle peace and safety , and set aside the onely meanes of settlement , the treaty . o the inconstancy and strange intoxications of these new saints and statists , who would make the houses as unconstant as themselves ! since then i have cleerly manifested , that all these proposals of peace and settlement in the army 's late remonstrance , are all and every of them most apparent precipices , jesuiticall contrivances and labyrinthes of speedy , imminent , unavoidable ruine and confusion to our king , prince , kingdomes , magistracy , ministry , church , religion , lawes , liberties , government , the present and all succeeding parliaments , and the army too , it must needs be the very extremity of madnesse to let go that speedy , safe and sure way to certain peace , security and settlement i have propounded , by accepting of the kings concessions , to catch at such a false deceitfull shadow of settlement as this , which will eng●l●e us in endlesse wars and miseries . it is a rule in policy and divinity , ex duobus malis minimum eligendum . but of these , one being a most certain destructive evill , and the other a certaine good and advantage of the highest nature , it can admit of no deliberation , which of them to embrace : and so much the rather , if we sadly consider of our deplorable & almost desperate condition both at home and abroad , pertinent to the point in hand . we are all weary of a long and costly warre ( and yet god hath so infatuated many , that though in words they desire , yet in deeds they reject alwayes of peace , and cast them out of their hands when put into them ; as if they delighted to have our warres spun out ( like amaleck's ) from generation to generation . wee are unable any longer to maintain a warre , and yet are unwilling to give it over . but i beseech you now seriously to consider into what great straights and difficulties you are already brought , and how the true state of your affairs stands in relation to your forces and friends , both at home and abroad . there are many thousands of reformadoes who have formerly served you in your warres , who lie dayly clamouring at your doores for arrears , complaining they are ready to starve , and some of them to ●ot in prison , desiring but some inconsiderable summe to satisfie their present necessities , and you returne them answer , you are unable to raise it ; and after many debates upon their generall ordinance , you cannot in diverse months pich upon any probable meanes to secure their arreares , amounting ( as is conceived ) to above two hundred thousand pounds . the arreares alledged to be due to the army ( who now take free quarter , and eat up the countries where they lye ) amount to above three hundred thousand pounds : and how to raise money to discharge this debt , or so much as to disband the supernumeraries , and reduce the army into their winter quarters , hath put you to a stand for many weeks , and as yet you know not how to doe it : so as free quarter must still continue to ruine us on the one hand , and your debts and arrears be dayly multiplied to undoe us on the other hand . your navie is now comming in to harbors , and your mariners expect a present considerable sum , amounting to many thousands , to pay them off ; and you have not yet one peny in your treasury to satisfie their arrears , and can pitch upon no way to raise any present monies but onely by the earle of arundels composition ; amounting in all but to six thousand pounds , and the moity of it not to be paid till three months end at least . what your other debts of the navy are , and how many thousand pounds you owe to mariners , masters , and tradesmen , the committee of the navie can best informe you . your debts to your artificers , waggonars , and such who have advanced monies upon the publick faith , amount to two or three millions at least : besides , your debts to plimmouth and other garrisons are so great , that they are all ready to mutiny and disband for want of pay . your debts to the souldiers and officers in ireland are vaste ; and if speedy and large supplies of men , provision and monies arrive not there within one month , colonell iones , and your other officers there professe , the whole kingdome will be utterly lost : and you ( for ought i sinde ) have no possible means to supply them with either . if then your debts are already so great , to reformadoes , tradesmen , the army , navie , garisons , and those who have lent you monies , that you know not how to satisfie any one of them : if you have not money to pay your army or navie at the present , nor to maintaine them for the future why doe you now refuse that peace which is tendered you upon such great advantages , and chuse a warre which you know not how to maintaine , and must needs break yours and the kingdoms backs in few months more ? your credits are quite lost and broken in all places , in city , country , and the houses too ; you cannot now borrow ten thousand pounds ( for ought i know ) upon any suddain occasion , were it to serve the kingdome : your breaches of faith and security heretofore , and clashes with the city , have made you almost bankrupts , if not altogether . gold-smiths hall , the excise , camb●en-house and custom-house are already charged with more debts then are likely to be paid in many yeares : compositions are almost at a stand or end : sequestrations generally disposed of to each particular county , or other uses : bishops lands engaged for farre more then they are really worth : you have nothing of your owne or the publick's left to rais● either present monies , or credit whereon● to borrow them● besides , the city , country , and whole kingdome are how quite exhausted , and almost as poore as naked iob was . many countries of the kingdome are so impoverished and exhausted with the last warres , ( especially the foure northern shires next to scotland ) that ( as their knights and burgesses assure you ) they are so farre unable to pay any taxes , that they already starve and perish in most places for want of food , and are petitioners to you for some reparation towards their great losses , and present support to keep them from starving . the rich associated counties have beene harressed and undone by the last summers warres , that they are growne poore , unable to lend or contribute to you any more force or assistance . the excessive dearth of corn and provisions the last year , the great destruction of corn by unseasonable weather this present year , which makes that which is wholesome exceeding deer ; the extraordinary rot among sheep , and murraine among cattle ( which should raise monies ) 〈◊〉 counties ; the generall scarcity and decay of trade by land , of merchandize by sea , and apparent probability of their decaying every day more and more , by reason of the revolted ships and irish men-of-warre ; and the sequestrations of the malignant , and plunderings and losses of the wel-affected nobility and gentry have so impoverished all sorts of men , ( but the souldier and army ; and some fow treasurers and officers ) that they know not how to live or subsist almost , much lesse to lend or contribute to maintaine such a numerous army by land and sea , and supply irelands pressing necessities . if you cannot tell how to pay your present debts , what folly is it to augment them for the future ? if you cannot pay your army or navie now , how will you be able to do it hereafter ? if then you will have no peace with the king upon the treaty , but break it off , and keep up a warre and army still without colour or reason in this your impoverished and exhausted condition , then mark the consequences : your forces being not duly paid , will live upon free-quarter still , and that will undoe the country , & make them desperate : and when they have eaten out all the poor , then they will mutiny , and fall on all that are rich , put them to present fines and ransoms at their pleasure , eat them out of house and home , share their estates and offices , which many of them already professe to be thei●s by conquest ; and then the longest sword will be the only true judge and measure of al mens properties , and divider of their estates , as well in this as former ages ; of which we already begin to feel some sad experiments . and as the souldier on the one hand , so the penurious poor people in every place , for want of work and imployment , and bread to put into their head , encouraged by the souldiers uncontrolled insolencies , will fall to plunder and levell all rich men on the other side . and if the army remonstrance and agreement of the people ( now in hot persuit ) take place , ministers shall receive no tythes , landlords no rents , creditors no debts , and oppressed ruined persons no law not justice . kings must go down , princes and peers quite down , parliaments down , judges , justices , magistrates , laws , tenures , inclosures down , all rich and landed persons down ; their very wealth and estates will be sufficient cause to make them malignants to a starved peasantry and al-conquering unpaid army ; and then what follows but immediate and irrecoverable ruine ? i beseech you therefore consider in what a desperate , hazardous condition we and the whole kingdom now stand at present ; how neer we and ireland are to the very brink of ruine . if we will now put into that safe and sure harbour of peace which the present treaty invites us into , without any further cost , or fear of shipwrack , we may yet through gods blessing be safe and happy : but if we now wilfully put forth to sea again , among so many rocks , shelves & quick sands which surround us on every side , and will yet chuse war instead of peace when the golden and silver nerves that formerly maintained it are quite shrunk up , we can expect nought else but drowning , & sudden shipwrack of all our kingdoms , parliaments , liberties , estates , and of our church and religion too . yea , but ( say some ) though all this be truth , we must not displease the army , who are our present strength and safety ; for then we are are lost indeed . i have answered this objection once before in one sense , in relation to the treaties satisfactorinesse ; i shall here answer it in another . i say then , 1. that we have a god to please , who wil be displeased , if we please the army in their unjust demands : and better is it to please god , then to please any army whatsoever : if god be with us , who can be against us ? we need no armies protections , if the lord of hosts be our guardian . 2. we have a conscience to please , as well as an army ; and we must satsifie that , though the army , ( who pretend so much for liberty of conscience , yet will allow us none , or very little ) be never so unsatisfied with it . 3. we have a kingdom , nay three kingdoms to please , and to save too : and we must rather please and save them , by rejecting the armies proposals , which will inevitably ruine them , then please the army in being any way instrumentall for their destruction , by embracing their destructive counsels : if our kingdoms be preserved , we may have another army , though this be disbanded , dissolved , yea destroyed ; but if the kingdoms perish by our pursuing their rash proposals , we shall neither have kingdoms : nor yet an army , nor this army , who must certainly perish in and with the kingdoms ruine . 4. we have a navie to please as well as an army ; and which is more considerable to us then an army : a new army may soon be raised , though the old be disbanded ; but a navie being once lost , ships will not grow again , nor another navy built in many years . and will not the pleasing of the army in this , displease and lose the navy now , as it did the last summer , to your great losse and danger ? and can the army guard the kingdom against any forreign● invasions if the navy be lost ? no nor treble their number . look then you please your navy as well as army . 5. we have many * hundred thousands of well-affected and cordiall christians and covenanters to please , who have adventured their estates , lives , limbs , in the present cause , and done as gallant services ( many of them ) in the field , both this last summer and before , as any in this army , and are considerable for number , quality , estate , wisdom parts , and reall piety and love to the publick interest , then the army : all which ( i am certain ) we shall ●ghly discontent , and grieve , nay palpably over-reach and cheat to their very faces , if we should please the army in their present demands , to their prejudices , and scandall , and our religions too . there was no man of publick spirit that engaged with , contributed towards , or took up arms in the parliaments service or cause at first , but meerly upon these five grounds , expressed in all the houses remonstraces , declarations , petitions , protestations , and in the solemn league and covenant : 1. to defend and maintain the true protestant religion , against popery , error , and superstition . 2. to defend the kings royall person , dignity , and legall authority , against violence , treachery , and usurpation . 3. to maintain the priviledges , rights and freedom of parliaments , and the fundamentall laws and government of the kingdom , against state-innovations , and tyranny . fourthly , to rescue the kings person from evill counsellors ; and bring such incendiaries and delinquents to condign punishment , fifthly , to settle the kingdom in freedom , safety , and peace , against crueltie , dangers , and imminent wars and tumults . upon these grounds , and for these ends only , did both houses , and all who adhered to them , or took up arms for them , by their commissions , engage , and so did this * very army . i appeal then to every mans conscience , whether the houses , or any who engaged with them , did ever contribute any moneys , plate , horse , atms , or march out as an officer or souldier under them in these wars , with any such intention as this , to depose and bring the king to justice ; disinherit the princes , and kings posterity ; dissolve the present parliament , and pull all future parliaments , and ' their priviledges up by the roots , subvert the fundamentall government of the realm , and set up a new representative to dash all these in pieces , and destroy religion , magistracy and ministry ? did they not all abhor and disclaim in publique all such thoughts and intentition as these ? and when objected by the king and his party out of jealousie amd fear ; did not the * houses presently resent and remonstrate against it as the grossest scandall , and their adherents too ? or would ever a man have engaged with the houses , or the houses with them in this war , or enrolled his name even in this new model'd army , had he been told at first , that he must fight to depose and bring the king to execution , to dis-inherit his posterity , dissolve this parliament , and the very rights , priviledges , and being of all future parliaments , to set up a new government and representative in our church and state , to alter and change all things at their fancies , and to break every clauses and article of the solemn league & conant ? if not one of these was the true end of our wars and engagement against the king at first , and all along till now , but the clean contrary to them ; then how can they now be propounded as the only fruits of our wars , and means or conditions of our peace and settlement ? will they not all say , ( if the houses or army proceed in their proposals for peace and settlement , mentioned in their last remonstrance ) that they engaged and took up arms to doe quite contrary to what they now propose to the houses , and endeavour to enforce them to put it in punctuall execution ? and will they not now say , that they are by their originall engagement and covenants obliged with their lives and estates to oppose and oppugn the army in all these particulars ; that having thus declared and resolved , they cannot pray for , but against the armies late successes herein ; that they cannot henceforth contribute towards their future pay and support in point of conscience or prudence , but must withdraw and withhold their contributions , and resist them to their faces , declare their commissions null , and not look on , or take them as an army , but as a tumultnous rout of persons , assembled without commission , to act over iack cades treasons again , and quite pull down that frame of government and order which they have been building up and supporting these many years , with such vast expence of treasure and bloud ? better then displease the army , then that all these covenanters and engagers should suffer , to theirs , the three kingdoms hazard , ireland's certain losse , and this very armies overthrow , which these jesuiticall designs wil certainly destroy in a very short space , if they iehu-like , drive on so furiously in prosecution and execution of them , as they have done of late . consider i beseech you of the desperatenesse and excessive unavoidable destructivenesse of these monstrous wayes to the speedy peace and settlement of our church and state , and of the safety and security of the things your selves have pitched on for peace and settlement in and by the treaty ; and lord guide our hearts and votes a right therein , that we choose not death in stead of life ; the wayes of misery and destruction in stead of the way of peace , which armies seldom know , or prescribe to themselves or others . mr. speaker , having thus demonstrated to you the unavoydable destructivenesse and confusion of those counsels , and pretended wayes of settlement which the officers of the army have propounded , and would imperiously and forcibly thrust you upon to the kings , kingdomes , parliaments , religions , their own , our and irelands certain and most speedy ruine ; i must now crave leave with much sadnesse of heart to unbosome my very soul unto you , and discover you that secret which god hath so clearly manifested to my understanding , that i dare not ( under the highest penalty ) but acquaint you with ; that the jesuites , and roman priests and catholicks are the originall contrivers and principall somenters of the late and present distempers , and undutifull mutinous proceedings and counsels of the officers and army , and chief contrivers of the new babel , or model of confusion which they have tendred to you in their late remonstrance as the only way to peace and settlement . and if i shall clearly demonstrate this unto the house , i hope every member present , and the whole army and kingdome , when they know it , will eternally abhor and renounce it , and never henceforth countenance or promote this jesuiticall and romish designe : which i am perswaded the generall , and most of the officers and souldiers in the army , in the simplicity of their hearts ( with honest and publick intentions of justice and common freedom ) have been ignorantly drawn into , by over-reaching pates and machiavilian policies of these cunning iesuites , who can metamorphose themselves into any shapes , and invisibly infinuate themselves into their counsels and actings , to promote their own interest and our destruction . i do not prosesse my self to be any great statesman , or exactly to know what ever is secretly transacted among us : but this i can say , without disparagement to others , or vain-glory to my self , that i have for many years last past been as curious an observer of all the great transactions of affairs in church or state , and of the instruments and means by which they have been covertly contrived and carried on , as any man in this house or kingdom : and that god hath honoured me in being one of the first discoverers and opposers of the jesuites and papists plots to undermine our religion , and usher in popery by degrees into our church , by making use of our popish and arminian prelates and clergy-men as their instruments , and broaching one arminian and popish doctrine and introducing one popish superstition and innovation after another ; of which i have given this house and the kingdome the fullest and clearest discoveries of any man ; and likewise of introducing tyranny , arbitrary power and civill combustions in our state , of which i likewise made seasonable discoveries and opposition , the ground of all my sufferings , close imprisonment and banishent , to prevent the like detections and oppositions . and since my return from exile , i have in my rome's master-piece , the royall popish favovrite , hidden works of darknesse brovght to pvblick light , the antipathy of english prelacy to vnity and monarchy , and the history of the archbishop of canterbvry's try all , and other writings , given the world such an exact account of the iesuites and papists plots and influences upon our church , state , court , councels , prelates , corrupt clergy , and all sorts of people to reduce us back to rome , supplant religion , subvert parliaments , set up tyranny and involve us in civill wars both in england , scotland , and ireland , ( concealed from most , and scarce known to any before these discoveries ) as none else before or since mee have done ; all which both houses have since approved and made use of in severall declarations and remonstrance and therefore i may with greater confidence and better grounds adventure on this discovery , of which most here present ( who are little acquainted with mysteries of state or politicks ' and trouble not their heads with such inquiries after them as i have done ) are utterly ignorant , and so apt to be deluded , and easily over-reached ; the plainest open-hearted men being easiest to be over-witted by jesuites and their instruments ; especially when they transform themselves into angels of light , or become new lights , to broach new strange opinions , or revive old errors under the notion of new-light ; as they have lately done , to lead captive silly people . to make out this discovery so cleerly evident that none can rationally deny , but be sufficiently convinced of its truth , i must minde you of these particulars of undoubted truth and certainty which this house and the house of lords have joyntly and severally published and remonstrated to the whole kingdom , king , and world in severall declarations and remonstrances , and other printed papers . 1. that the * iesuites , and other engineeres and factors for rome , for the alreration of religion , the setting up of popery and tyranny in this kingdom , and subversion of the fundamentall lawes and government of it ; did long before the beginning of this parliament , compose and set up a corrupt , malignant , ill-affected party , consisting of corrupt bishops and clergy-men , some great officers and counsellours of state and others of trust and neernesse about the king , his children and court , to carry on these their designes , who were acted by their subtill practises : and that by this means those iesuites and romish engineers had a very powerfull operation upon his majesties counsells , and the most important affaires and proceedings of his government both in church and state. 2. that the most dangerous divisions , preparations and armies to make a war between england and scotland , were made and carried on by the practise and counsel of the iesuites , papists , and their confederates , 〈◊〉 scottish iesuites being sent from london into scotland not foment the divisions there ; and a generall convention of all the principall roman catholicks in this kingdom , and of sundry priests and iesuites ( whereof con the popes nuncio was president ) being held in london ; wherein great sums of mony were granted towards the raising of the army against the scots , & treasurers and collectors appointed by them in every county ; and popish commanders sent for over and imployed in that service , as was apparently proved before a committee , and reported to this house soon after the beginning of this parliament , as your own journal manifests . and it furthers appears by one who was privy to that plot , sent from rome as an assistant to con ; who out of conscience revealed all the secrets of it to andreas ab habernfeld ( physitian to the queen of bohemia at the hague ) under an oath of secrecy , and he to sir william boswel and the king , the originals whereof are in my custody , and published by me ( at your appointment ) in my * romes master-piece , ) that the ●end of he scottish wars was to engage the king to cast himself wholly on the papists and their party , ( the puritans and protestant party , being averse to this war , and inclining to the scots , who would not engage to assist him , unlesse hee would condition with them , to grant an universall toleration of popery , and free exercise of that religion to the papists , if their party prevailed : to which if he should shew himself unwilling or averse , then they would presently dispatch him out of the way , and poyson him with an indian nut , which they had prepared ( kept in con's custody ) as they had poysoned his father king iames : and the prince being next heir to the crown , educated neer his mother , accustomed to the popish party , and easie to be perverted in his religion , being but young and under age , they would get him into their power , educate him in their religion , and match him to a papist ; & so all their work accomplished , popery set up , & the protestants and their religion so 〈◊〉 extirpated both in england , scotland , and irelands in which d●scovery he further relates , that there were under the command of cardinal barbarino the popes nephew , protector of the english catholicks , and con the nuncio resident in london , four severall orders of jasuites most active in these designs and wars , & disturbers of christian kingdoms . the first , ecclesiasticks , whose office it is to take care of things promoting religion . the second polititians , whose imployment it is , by any meanes whatsoever to shake , troube , reforme , and alter the state of kingdoms and republiks . the third seculars , whose property it is , to intrude themselves into offices & places about kings and princes ; and to insinuate and thrust themselves into civill affaires , bargains , contracts , and such like civill businesse . the and fourth , spyes or intilligencers , men of inferior condition , who submit and become houshold servants to princes , barons , noblemen , great men , gentlemen , citizens , and others of all protessions , to discover their minds , and make use of them to prom●te their designes . that these jesuites usually met at one captaine reads ( a scotch-man , a souldier and lay jesuit , ●●ing in long acre ) in the habits gentlemen● souldiers , and laymen : and many of them followed the camp as souldiers in those intended wars . that there were neere as many of all these severall sorts of jesuits residing and lurking privily in and about london , in september 1640. ( where were then above 50 scottish jesui●s●as were in al spain , frat. c : & italy ; who have ever since been promoting the same designes and devisions among us all these wars , as that which followes will demonstrate . 3 dly . that the dissolving and breaking up al the parliaments in this kings reigne in discontent , proceeded from the councels , and practises of the jesuits and their popish confederats to disaffect the king against them , and prevent the calling of parliaments for the future , the principall obstacle to prevent and counter-worke all their designes , to promote popry , and subvert our religion laws , and government . 4thly . that the jesuits , popish priests , papists and their confederats ever since this parliament , have by pollicy & power endeavoured to dissolve , and put an end to this present parliament , as the onely basis and support of our religion and libertie , the onely bulwarke betweene and tyranny , popery and superstition , ready to over-run the three kingdomes , the dissolution whereof would not onely deprive us and our posterities of the present , but of the hopes and capacity of any future parliament : and that they have indefatigably used and left no means unattempted to dissolve this parliament : the continuance and close whereof with the king in a happy peace & settelment , would frustrate all their hopes and popish-designes ; as the lords & commons both have most fully declared in their remonstrance of m●y , 19. and 26. 1642. in their declaration of march , 23. 1643. in their propositions of feb. 1. 1742. and may , 11. 1642. and oft since . that to effect this they have : first standered and traduced this parliaments proceedings both to the king and people , to render them odious to both . 2. endeavoured to bring up the northern army to over-awe and force the houses to act according to their dictates and interests , or else for to dissolve and destroy them . 3. perswaded the king to impeach the lord kimbolion & the five members , & then to come personally with a strong armed guard to demand & seiz upon their persons , which was first plotted in france . 4. raised up a rebellion of all the papists in ireland , to destroy the protestants there , and dissolve the parlia , here , against whom they have publikely declared , and sent over forces to the king to assist him in this war , to suppresse the parliament by forse of armes . 5. perswaded the king & many lords & commons to desert his houses of parl. to dissolve & destroy the parliament , and then to raise war against them , in w●● the jesuits & ● papists at home and abroad have bin most active , & deepest engaged both in purse & person : they being the principle contrivers , abettors & somenters of this war , to subvert our religion , liber . &c. set up popery & tyranny . 9. plotted the * seizing and apprehendig of some eminent leading members by a confederacy and commission here in london , for which tomkins and others were executed , as the lords and commons in their declaration of october 22. 1642. and march. 23. 1643. and humble de●●●es , feb. 1. 1642. with other declarations since , remonstrate . 7. that these jesuits and their party have * obstructed , diverted , prevented the reliefe and supply of the protestants in ireland , with men and mony , to betroy us into the powr of the irish rebel●s , and extirpate the protestants and their religion there . all these are remonstrated & cleared to al the world by near one hundred of your owne * declarations , & every mans reall experience . all w●● the army in their late proceedings have punctually persued & exceeded & therefore certainly are acted by the selse same counsels & principles contrarily , it is as evident by your own declarations : that this army & all your other forces , were purposely raised & engaged both by commission , oath , covenant , & their own sol●mn protestations & remonstrances , * to defend the kings person , in the maintenance of our religion , lawes and liberties ; to maintain the ancient * government of this kongdome , by king , lords , and commons , the right and priviledge , and members of parliament , against all force and violence to them , and the fundamentall lawes of the realme , and to exterpate ( as much as in them lay ) all popery , idolatry , error , superstition , schisme , and what ever is contrary to sound doctrine . this ingagement they really performed in the field till all the kings popish and prelaticall party in armes were utterly routed & broken in peeces , & their garrisons reduced to the parliament , till which time the prists , iesuits , & papists , joyn'd all the focre and power they could raise , with the kings forces against the houses & this army to conquer & distroy them . but their hopes & designes being wholy frustrated by the kings totall defeat , these jesuits & their engineers who transforme themselves into all shapes and leave no means unattempted to compasse their ends , then faced about from the kings party , and secretly insinuated themselves into the parliaments army , to mutiny and deboyst them against the parliament , * and engage them to put a speedy period and dessolution to it . to this end they attempt to hinder and disswade them from disbanding and going over to releive distressed ireland , according to the houses votes , and to ingage them against the houses in march , aprill and may , was twelvemoneth , till which time the army had ever shewed themselves most dutifull and obedient to the houses commands . but then to divert and hinder all reliefe of the protestaant party in ireland , then broughtlow , and ready to be swallowed up , when we had no need at all of above seaven or eight thousand standing forces in england , where there was no visible enemy , & might have spared ten thousand men for ireland , who would soon have quelled the robles & papists there . these iesuits and their popish instruments at that very instant ( which is very observable ) of porpose to preserve their party in ireland , and destroy the protestants there , not only diswaded those of the army who were ingaged and drawne off for ireland from going thither , but discouraged and inforced them to desert that service , yea hindred other forces from going over for their reliefe , perswading the army , that this dividing of them was but a plot of mr. hillis & other members to distroy them : & then by somenting this jealousie , & raising up a new order & councell of agitators of the army ( some whereof were verily suspected , if not knowne to be jesuits ) they caused the army at a generall randezvous to enter into a soleme● engagement not to disband , but to march up to london to force the the houses to alter , null , repeale divers votes and ordinances they had passed ; published divers scandalous declarations and papers against their proceedings , to disingage and draw off the city and countrey from their defence : impeached no lesse then eleven of their members at once ( when as the king impeached onely five ) demanded their present suspention from the house before any legall charge or evidence , else they would march up to the houses doores , & pul them out by violence ; as the king would have done : after which , they fall to seclude & drive away more members by a new ex officio proceeding , enforcing them now at last to accuse themselves , and draw up their owne cases ; & in aug. 1647 drive away most of the house by their open force & * high menaces . then they set up severall counsells of sate in the army : and waving their demands as soulders , formerly insisted on , fell to new modle the state ( contrary to their former ingagements ) to set up a new modle of governement , to put a speedy and limited time for the period of this parliament , & a new & more equall election of members & representatives , & beginning & ending of parliaments for the future ; receive petitions , order all matters of church & state without the parliament , who must onely ratifie and confirme their votes ! & fell to treat with , and tender proposalls of their owne to the king , without the houses privity . besids , to pick a quarrell with the city of london ( who had first raised , and were so cordiall to the army & parliament ) and make a irreconcileable breach betweene the city & houses , to destroy them both by degrees : they caused the houses on a suddain , upon a letter from the generall , in one afternoone , without having the city or giveing them the least notice of it , to recall the new ordinance for settling their militia : wherewith they being justly offended , thereupon on iuly 26. 1647. the lord mayor , aldermen , & common-councel , presented a petition to both houses , to resettle their militia as before , being in a ful and free house setled withont any dissenting votes , by al their consents ; which was seconded by a petition from the apprentises ; who being over-earnest , offered some unarmed violence to the houses ; and got the ordinance of repeal nulled , and the militia resetled as formerly : hereupon , they perswaded the army to march up speedily , to london ( not onely without , but against the houses order , not to quarter within forty miles of the city ) to protect the houses from any further violence ; to bring the authors of this force to speedy and exemplary punishment , and * restpre the houses to a condition of honour , freedome and safety : and that by offering a greater force to the members , who continued sitting in the absence of those who repaired to , and ingaged with them , then that of the aps prentises : driving the eleven members formerly impeached out of the house & kingdom , expelling them , & others out of the house , forceing away most of the commons , nulling al votes , orders and ordinances , from iuly 26. to august 6. & after that marched through london in triumph , broke down all their forts and works about the city , tooke the tower out of their possession , divided the militia of westminster and southwarke from them , impeached & imprisoned sundry aldermen and others , who appeared most active for the parliament from the beginning , impeached , suspended & imprisoned seven lords at once for sundry months together ; afterwards released without any prosecution . and by this meanes raised such a breach between the city and houses , sets the members one against another , and put such a stand to their proceedings , by these disturbances in the parliaments army , as they could never effect before by all their military power & forces . now lay al these distempers & procedings together , & compare them with the armies late remonstrance , declaratiō , menaces & present march to london , to force and levy war against the houses , & their members , in case they concurred not with them , in their jesuiticall whimsies and desingnes : and we shal find them all so opposite & repugnant to the armies former obedience , professions and principles , so sutable to the jesuites practises in every particular ; al tending onely to force and dissolve this present parliament , to null and invalid its proceedings , and weaken al its interest , both in the city and country : and then every rationall man must needs acknowledge , they all originally spurng from jesuitical suggestions and counsels ? and that ignatius loyala then and now rode in an open and triumphall chariot in the van of these , and all their late actions of this nature . adde to this , that the monstrous opinions broached publiquely and privately in the army , and their quarters , against the divinity of the scriptures , the trinity , the d●ity of our saviour ; that antichrist is only within us : that conscience ought to be free , and all religions tolerated : that every man is a minister , and may lawfully preach without ordination : that the civill majestrate hath no legislative nor coercive power in matters of religion ; that titles are antichristian , and the like , seconded with publique affronts to our ministers , climing up into their pulpits interruping them publiquely in their sermons , and making our churches common stables in some places , and receptacles of their excrements , their open revilings at the proceedings of parliam , and their members , and all to render our religion and the professors of it odious to the people , to make them readier and better inclined nnto popery , disgrace and undoe our ministers , and render them and their preaching in effectuall : subvert the power of our magistracy , make the houses odious to all , and put all things into a present confusion ; i am confident all these were nothing else but the projects and practises of jesuits and their agents , who crept into the army to feduce and distemper them , being so diametrically contrary to the generalls , officers and soldiers former practises , principles , professions , and that piety they have professed . but that which further demonstrates it is this ; that after the generall & officers of the army had confessed their error * in medling with * state affaires , & settling & reforming the common-wealth , in the * general councell at putney [ where they voted & acted more like a parliam . then a councell of war ) & promised to proceed no futher in it , but acquiesce with the houses determinations : these jesuits , by the help of their instrumēts the agitators , to carry on their design of putting a speedy period to the present & all future parliaments , draw up a moddle of a new representive , which they intituled the agreement of the people , subscribed by divers regiments of the army ( 9 of horse and 7 of foot ) and then caused it to be presented to the house of commons in november 1647. the matter end , and time of it conpared together , and the houses votes upon it , are very considerable ; and discover a jesuit in the front and reare of it : we all know , that the jesuits and their popish confederats , ever since queen elizabeths reign , when so many strict laws were made against , have had an aking tooth against parliaments , their first and most disperate attempt was in the third year of king iames , to blow up the k. and both houses of parliament with gunpowder , the orginall plotters of this horrid treason , were the pope and jesuits : as is clear by , del roi. his book , & other printed papers almost a year before : the chiefe actors in it , were discontented gentlemen and souldiers , catesby , percy , winter . faux , and others , as our stories * relate , fit instruments to blow up parliaments : the day when this was to be executed , was the fift of november : but this treason , being through gods great mercy discovered on that day , the king and parliament adjudged these iesuits , and popish traytors to be executed , and that day by act of parliament to be perpetually observed for a thanksgiving day of this happy deliverance from that treason . the jesuites who have broken off all former parliaments in this kings reigne till this , and would eternally dissolve this , and all succeeding parliaments , by way of revenge for their ill successes then , have these two last yeares together , in this very moneth of november , conspired to blow up or pull down this and all other parliaments ; so as the very circumstance of the moneth and time , discovers in my apprehension , the jesuites to be chiefe actors in this tragedy . the first attempt of this kind was on the fift of november , 1647. the very day of the powder plot , but by the houses occasions put off till the 9th . then the agreement of the people was ushered into the house of commons , with a petition by the agitators : when this agreement of the people and petition was presented , gifford a staffordshire gent. and a jesuite ( a yeare before sent from beyond the seas , who at first seigned himselfe a convert to our religion ) was present in the lobby with the agitators , and promoted it all he could , expressing his approbation of it , being gotten into the generalls owne life guard , and the next man to him , when he came to bring the speaker unto the house of commons , august , 6. 1647. he was afterward very active to perswade the staffordshire supernumerarie forces not to disband , and prevailed so much with them , that there were severall orders from the house & general ere they wovld obay : therefore its propable he and they perswaded the army at first not to disband , or to goe for ireland after which he was taken this summer at a meeting in ramme-alley to raise a new warre , and being carried prisoner to the committee of safety , made an escape from thence , by bribing his keepers , as is conceived , having offered fifty peeces to a captaine to suffer him to escape . this petition and agreement of the people , thus presented by the agitators , and this jesuite , upou reading and debate thereof this house passed these votes against it . die martis 9. novemb. 1647. a paper directed , to the supream authority of the nation , the commons in parliament assembeld , and stiled , the just and earnest petition of those whose names are subscribed , in behalfe of themselves , and all the free born people of england , together with a printed paper annexed , intituled , all agreement of the people for future and present peace , upon grounds of common right , avowed . resolved &c. that the matters contained in these papers are destructive to the being of parliaments , and to the fundamentall government of the kingdom . resolved , &c. that a letter should be sent to the generall , and those papers inclosed , together with the vote of this house upon them , and that he be desired to examine the proceeding of this businesse in the army , and returne an account hereof to this house . by which votes is apparant , that the house then deemed this agreement of the people , a second gunpouder treason , destructive to the being of parliaments : that some iesuites , or ill affected persons in the army , had put these agitators upon it , and therfore desired the generall to examine and give them an account of it . the generall and councell of warre in pursuance of this vote , condemned one of the agitators who fomented it , and shot him to death at ware : wherewith they acquainted the house , and by this meanes this iesuites brat and engin to blow up this and future parliaments , was no further prosecuted in the army , but some of their confederates in the city , on the 23. of the same november , most audatiously sent it into the house , to the speaker , inclosed in a letter with a petition : wherupō the house unanimously passed these votes concerning this agreement , for the committing and prosecuting those who presented it , & giving the generall thankes , for the execution done at ware , & desiring him to prosecute the businesse further , to the bottome , where they thought they should find a litter of iesuites , and a garnet , a catesby and faux , together in the vault . die martis , 23. novemberis 1647. a petition directed , to the supreame authority of england . the commons in parliament assembled , and intituled , the numble petition of many free borne people of england , sent in a letter , directed to mr. speaker , and opened by a commitee thereunto appointed , was read the first and second time . resolved vpon the question that this petition is a seditious and contemptuous avowing , and prosecution of a former petition and paper annexed , stiled an agreement of the people , formerly adjudged by the house to be distructive to the being of parliaments , and fundamentall government of the kingdoms . resolved , &c. that thomas prince cheesemonger , and samuel chidly , be forthwith commtted prisoners to the prison of the gate-house , there to remaine prisoners during the pleasure of this house , for a seditious and contemptuous avowing and prosecution of a former petition , and paper annexed , stiled an agreement of the people formerly adjudged by this house , to be distructive to the being of parliaments and fundamentall government of the kingdome . resolved , &c. that jeremy ives , thomas taylor , ani william larner , be forthwith committed to the prison at newgate , there to remaine prisoners during the pleasure of this house , for a seditious and contemptuous avowing , and prosecution of a former petition and paper annexed , stiled , an agreement of the people , formerly adjudged by this house to be destructive to the being of parliaments , and fundamentall government of the kingdome . resolved &c. that a letter be prepared and sent to the generall , taking notice of his proceedings in the execution according to the rules of war [ of a mutinous person ] at their randezvouze neare ware , and to give him thanks for it , and to desire him to prosecute the examination of that businesse to the bottome , and to bring such guilty persons as he shall think fit , to condigne and exemplary punishment . resolved &c. that the vots upon the former petition and agreement annexed , and likewise the vots and proceedings upon this petition , be forthwith printed and published . yea , the houses were so sensible of the treasonablenes and danger of this agreement , that in an ordinance of the 17. of decem. 1647. for electing of common councell men , and other officers in london , they expresly ordained , that person who hath contrived , abetted , perswaded , or entred into that engagement intituled , the agreement of the people declared to be destructive to the being of parliaments , and fundamentall government of the kingdom be elected , chosen , or put into the office or place of the lord mayor of the city of london , sheriffe or alderman , deputie of a ward , or common councell man of the said city , nor shall have any voice in the electing of any such officers for the spase af one whole year , and be made uncapable of any of the said places . vpon this treable sentence of condemnation that passed against this agreement of the people by these votes & ordinances , this stratagem of the iesuits to blow up this and future parliaments , by putting a certanperiod to this parlaments dissolution on the last of sept. 1648. and setling a more equal representative for the future , with a fixed time for its beginning and ending , and of a new parliament of commons alone without king or lord● [ the substance of this whol agreement ] was for that year trustrated , and totally laid aside till the beginning of novem. last . at which time the iesuits and the agitators , to hinder irelands reliefe , and our settlement , prosecuted it againe a fresh in the army , & the better to disguise & carry it on more closely , they inserted it verbatim into their remonstrance to break off the treaty with the king , & prevailed so far with the general and his generall councell of officers [ who formerly condemned it , and shot one to death for abetting it but in novemb. before ] as unanimously to approve it , at st albans the sixtenth of november 1648. and sent it to this house the twentieth of that moneth to break of the treaty presently , and to be forthwith considered and confirmed , and which is most observable ; ushered it in with this iesuiticall preface , and these disloyall popish demands . * that the capitall and grand author of our troubles , the person of the king by whse commission , commands or procurement and in whose behalfe , and for whose interest onely [ of will and power ] all our warres and troubles have been , with all the miseries attending them , may be speedily brought to iustice , for the treason , blood and mischiefe he is therein guilty of . that a timely and peremptory day may beset for the prince of wales , and duke of york to come in , and render themselves , or else immediatly made uncapable of any government , or trust in this kingdome , or the dominions thereof , or of any right within the same , and thenceforth to stand exiled for ever , as enemies and traytors , and to dye without mercy , if ever hereafter found therein , or if they render themselves , then to be proceeded against for their capitall deli●quency , in justice , or remitted upon satisfaction given . but however the land and revenue of the crowne to be presently sequestred &c. then followes this agreement of the people , for setting some reasonable and certain period to this parliament , to be assigned as short , as may be , with safety to the kingdome and publike interest thereof , and for feeling the new representative &c. and because it was twice voted down in november 1648. by the house , it is twice repeated and insisted on in this long-winded iemonstrance page 14 , 15 , 16. and page , 65 , 66 , 67. ( so much are they in love with the iesuits dalila ) that so it might now be twice confirmed and setled by the house , in approving this remonstrance . now compare this third gunpowder plot with the two former in november last , to blow up king , prince , duke , lords , commons , this present and all future parliaments at one attempt , to destroy the king , and parliament disinherit his royall posterity , unpeer all the lords & levell them with the dust , to root up them & all parliaments root and branch at once , against all our oathes , our covenats , our remonstrances , our declarations , our lawos , our protestant religion , all here devoted to ruine together , as the onely safe and speedy way to settell peace and safety in church and state [ to omit the horrid equivocations , dispensations with oathes & covenants , and ieuiticall distinctions , in that remonstrance , they are such clear visible characters of a jesuites pensill , hand and head in this remonstrance , so abounding with their bloody disloyall tenents & parctises of killing and deposing christian kings who wil not do homage to their roman pontif : & blowing up protestant stats , kingdoms , parliaments ] so abhorent to al * protestant principals , professions practises , who never yet embrued their hands in , nor stained their religiō with the blood of any king or actual deposition of any protestant or popish pr. who was their lawful king , or disinheriting of his lawful heirs , or puling downe a protestant reforming parliament , that none but jesuits and jesuited papists could possibly invent , or spur on the generall , officers and army so violently and madly to prosecute them , as they do by a subsequent high declaration discovering a very jesuitical spirit in the pen-man , distinguishing the memb. of the house dissenting from them in these treasonable practises into a treasonable brach of trust , & usurping to themselves a power ro judge , censure , and exclude them , and make those members who shall confedrate with them herein , though never so few , materially a parliment , though formerly and essentially no parliament at all , and mooving them to depart the house and joyn with them in these jesuiticall designes . which they have since agravated and backed by their disobedyent march to westminster and london against our commands , by force and open violence to over-awe us , & by our votes in parliament to put all their treasonable romish demands in present execution , to justifie these very traiterous doctrines and practises of theirs , which our parliaments have in direct terms in * sundry acts condemned , and every one of us solemnly abjured in the oath of allegiance , w ch he must take immediatly before his sitting in the house , & without taking wherof he neither is nor can be enabled to sit as a member . i shall further offer this to your consideration , that as soon as ever this agreement of the people was suppressed in novem. 1647. and the king perswaded to reject the propositions tendred him by both houses , by some officers in the army , of purpose to treat on their proposals : the agitators & jesuits in the army , opposed these proposals and threating to offer some violence to the kings person , caused him secretly to withdraw himself from hampton court , into the isle of wight , where they shut him up close prisoner , without the houses privity : which done , they caused their confederates ( when most of the members were sent into the country to disband the supernume●aries ) to passe a vote in the commons house , to make no more addresses to the king , not to set him aside , ( as they then professed to many dissenting members ) but only to induce the k. to seck first to them ; without , which protestation , they had never caried this vote ; which passed , & most of the membrs departing , the 2. ensuing votes were set on foot , & passed at an unseasonable hour , & gotten by surprize . the very next morning there came a declaration from sir thomas fairfax , and the gen : councell of the army , ian. 11. 1647. signifying their resolutions , to adhere to the houses , for settling and securing the parliament and kingdom , without the king and against him , or any other that shall hereafter pertake with him . but the lgrds sticking at these votes , there was a regement or two of foot sent from the army to garrison white hall ; and a regiment of horse bilited in the mues , to fright and force the lords to a concurrence . and some few dayes after , a book written by dolman , ( alyas parsons the jesuite ) against king iames his title to the crown ; and concerning the lawfulnesse of subjects & parliaments deposing & chastising of their kings for their misgouernment , & the good & prosperous secceesse that god commonly hath given to the same [ printed out of dolmans own printed copy verbatim , except the word parliament added to it now and then , was published to the world , with this title : severall speeches delivered at a conference , concerning the power of parliaments , to procéed against their king for misgovernment : which book with this false new title published at this season , intemated to the world , that this discourse of a lesuite ( for which he was condemned of high treason ) was nothing else , but speeches mad by some members of the commons house , at a conference with the lords , the highest dishonour & affront ever put upon a protestant parliament , to have the book and doctrine of a lesuit thus falsly fathered on them : of which , though i may self and others complained , there was nothing done to vindicate the houses from this grosse imputation : and about the same time , there was another book intituled , royal tyranny discovered : discovering the tiranny of the kings , of england from william the invader and robber & tyrant , alias the conqueror , to this present king charles ; who is plainly proved , to be worse and more tyrannicall then any of his predecessors , and deserves a more severe punishment from the hands of this present parliament , then either of the dethroned kings , ed. 2 or rich. 2. had from former parliaments which they are bound by duty and oath , without equivocation or collution , to inflict upon him , he being the greatest delinquent in the three kingdoms , and the head of the rest ; so the title . in the table , there are these passages amongst others , charles steward guilty of this treason . p. 92 , 93 , 94 , 95 , 97. c. r ( charls rex ) ought to be executed , p. 57. where the houses are not only pressed to depose and execute him but his execution [ in their neglect ] foretold , & that in an exemplary manner , in dispite of all his protectors and defendors . which iesuitical books and counsels published at that instant , discovered clearly to my apprehension , their votes for laying the king then aside , & the deposing & executing of him to be then intended , [ only interrupted by the scots invasion & the last summers commotion , occasioned by those votes of non addresses ] and the forceing on of them then & now by the army , with the violence they use , to be no other but a very plot and project of the iesuits to ruine and distroy the king and us . i shall only add to this , what i manifested but now , that it was the iesuits plot when they engaged and assisted the king in his warre against the scots , to dash the protestants in both nations in peeces one against another , & so be masters of both kingdoms , & extirpate our religion in both ; and that if the king consented not to grant them a generall free exercise of their religion throughout all his realms & dominions , or did but sticke at it , that then they would presently poyson & dispatch him , possesse themselves of the prince , next heire to the crowne , & then by flattery or menaces draw him to their religion , match him to a papist , and then all three kingdomes would soon turn papists , and all protestants be murthered , or burnt for heretiques . now these papists and iesuits understanding , that the king [ beyond & contrary to their expectatiō ] bath granted all or most of our propositions in the isle of wight , and fully condescended to five new bills , for the extirpation of masse , popery , and popish innovations out of his dominions , and putting all lawes in execution against them , and for a speedier discovery and conviction of them then formerly , and that their good friends and confederats our arch-bishops , bishops , deans and chapters , and other branches of the hierarchy , are tobe wholly routted out , both in england and ireland , so as they are never likely to have any more footing in them againe , after all their late warres , charges , hazards , plots and designes , to set up their catholique religion & party are so inraged with the king , & so inexorably incensed against him both at home & abroad [ as i am credibly informed ] that now they are mad against him , & thirst for nothing but his blood ; which they think they cannot advantagiously & effectually accomplish , but by engaging the army to dessolve the treaty , & force the parliament , in case they vote his answers satisfactory : and then by themselvs , are a confederate party in the house , to depose & cut off his head . which done , the prince being now beyond seas in their power , destitute of his hopes of succession to this crown , banished , and declared a traitor and to dye without mercy if he returne hither , & to lose his head as well as his father , upon such high affronts put upon his father & himself , & that by a protestant parliament , & army of saints , will be so inraged against all professors of our religion that he will probably professe himself a roman catholique ( and his brother too ) match with a catholique princes , & then ingage all the papists in forraign parts , england , scotland and ireland , to unite their forces , purses & councels by way of revenge , to cut all the protestants throats in all three kingdomes , who have adhered to the parliament , and hew the army it selfe in peeces , when they have thus accomplished their designes : which will render them and the parliament execrable and infamous to all posterity , and then farewell all parliaments , and our protestant religion for ever , not onely here , but throughout all christendome , where the popish princes will presently massacre the protestants , lest they should fill to the like perfidious practises . this i am most confident is their designe , by what i have met with in their papers , and in the jesuit con●zens politiques and others , who have chalked out a way by degrees insensibly to crue popery into any protestant church : by those very steps which our prelates followed , who were directed by them , and to alter and subvert any protestant state and kingdom , by this new modelling of them into such a popular anarchy , as is now suggested and presented in the armies remonstrance . this i am assured will be the unavoydable , desperate and deplorable issue , if we comply with them and the army in it , unlesse god in his infinite mercy shal hold off their hands , and turn their hearts , from prosecuting their present designes . i shall onely adde one thing more , and so conclude . that many of the agitators and armies papers , [ especially putney projects , and some late declarations ] savour of a iesuites stile or spirit . that i have been credibly informed , that not onely gifford a jesuite , was one of the generals own life-gard , and a very active man in the army , but one thomas budds , alias peto ( the last popish priest , condemned at newgate ) was a trooper in this army , and by influence of some great officers in it , obtained a reprieve instead of an execution : that the papists beyond seas wish very well to the army , iu whom now is their chiefest hopes ; and that the iesuits cels and colleges in forraign parts , are of late very empty ; that many popish priests and iesuits are now in england , not saying masse , crying up the pope and popish tenents as heretofore [ that were to grosse , and they easily discovered : ] but using all manner of mechanick trades , preaching in private corners , as sectaries , anabaptists , seekers , broachers of new light , or as gifted brethren , that many of them are turned troopers , agitators , if not some of them officers in the army , or at leastwise have so insinuated themselves into the leading officers there , [ who are much taken with their parts , their new designs & tenents to alter & unsettle states ] that they have as powerfull an influence now upon the armies cou●cels & officers , as formerly they had upon the king and his councels , and have now thus deeply ingaged them ( beyond all expectation ) to accomplish these iesuiticall designes of theirs , to depose and destry the king● dissolve this parliament , subvert our magistracy , ministry , religion , lawes , liberties , government , and establish their vtopian new modale of confusion , in lieu of parliaments and regall power , thereby to accomplish that now , which all their popish conspiracies , armies and confederates from the beginning of queen elizabeths reign , could never yet effect by all their treachery , policy , power : and how farre they have proceeded and engaged the army and officers unwillingly in it , out of honest intentions , we all now sadly behold to our great amazement , even in this instant of time when ireland is in such eminent danger of being utterly lost , to ●eep off all supplies from thence . i beseech you mr. speaker , let us all lay this speedily to our hearts , and goe about to prevent it , ere it be too late . if we vote the kings answer now unsatisfactory , and so breake off the treaty with him , our onely means of peace and settlement ; we have all our hopes and all these large concessions which the king hath granted both for our present and future security ; our monarchy , magistracy , ministry , parliaments , laws , liberties , kingdoms , and that which is dearest to us , our religion also endangered , yea lost at once , and such a certain foundation laid to carry on all these iesuiticall designes i have here discovered , and that by authority of this house , as will staine the honor of this most glorious and renowned parliam . to all posterity , and put a dishonorable speedy period to this and all future parliam . for ever . but if we vote it so far satisfactory , as i have stated it ( and humbly conceive proved it substantially to every rationall mans understanding & conscience ) as that we may lay present hold upon it , and proceed therein without delay , to turn all the kings concessiōs into bils ( which i have for the most part already drawn ) and get the kings royall assent unto them , i doubt not but by gods blessing on our endeavours , we may before this month be ended , settle such a firme and well grounded peace between the king & all his people and kingdom ; upon such honorable , safe , and advantagious terms for the publick interest , & such strong securities , as no state , or kingdome ever yet enjoyed the like since the creation . and therefore mr. speaker , upon this long and tedious debate ( for which i must humbly begge pardon of the house , being a businesse of such infinite concernment to our present weale or ruine ) i must and doe conclude , that the kings answers to the propositions of both houses , are so farre satisfactory , at the least , as that this house may upon safe and firme grounds , and great advantages , forthwith accept of , and immediately proceed upon them , to the speedy settlement of the peace of the kingdome ; and are bound both in honour , prudence , justice , and conscience so to doe , to preserve themselves , our three kingdomes and the army too , from perpetuall bloody wars , and inevitable impendent desolation and confusion . finis . an appendix . for the kingdoms better satisfaction of some occurrences since this speech . this speech , uttered with much pathetique seriousnesse , and heard with great attention , gave such a generall satisfaction to the house that many members , formerly of a contrary opinion , professed , they were both convinced and converted ; others who were dubious in the point of satisfaction , that they were now fully confirmed , most of different opinion put to a stand : and the majority of the house , declared both by their cheerfull countenances and speeches [ the speaker going into the withdrawing room to refresh himself , so soon as the speech was ended ) that they were abundantly satisfied by what had been thus spoken . after which the speaker resuming the chair , this speech was seconded by many able gentlemen , and the debate continuing saturday , and all munday and munday night till about nine of the clock on tuesday morning ; and 244 members staying quite out to the end , though the house doores were not shut up ( a thing never seen or known before in parliament ) the question was at last put , and notwithstanding the generals and whole armies march to westminster , and menaces against the members , in case they voted for the treaty , and did not utterly eject it as unsatisfactory , carryed in the affirmative by 140 voyces ( with the four tellers ) against 104 that the question should be put , and then without any division of the house it was , resolved on the question , that the answers of the king to the propositions of both houses , are a ground for the house to proceed upon for the settlement of the peace of the kingdom . and to give the general officers and soldiers satisfaction , and keep a fair correspondency between the house and them , they so far condescended , as likewise further to vote at the same time that mr. peirpoint , sir john evelyn of wilts , mr. solicitor , col. birch , m. ashurst , sir thomas witherington , and mr. maynard , are appointed to repair to the head-quarters this afternoon , to confer with the lord general and his officers , to keep a right understanding and a good correspondency between the house and the general and the army . which done , the house who sat up all the day and night before , adjourned until wensday morning ; at which time the general and officers of the army highly displeased with the vote and those members who assented to it , sent two or three whole regiments of foot and horse to westminster ; set a strong guard at the houses doors , in the lobby , stairs , and at every passage leading towards the house , admitting none but parliament men themselves to enter into westminster-hall , or the back stairs leading to the court of requests , and excluding their servants who attended them ; col. pride , col. hewson , and sir hardress waller seized upon divers members of the commons house , some at the house doors , other in the lobby , others on the stairs near the house , without any warrant , or reason alleadged , but their sword and power , as they were going to sit and discharge their duties . among others , col. pride , seized upon mr. prynne going up the stairs next the house , and told him , mr. prynne , you must not go into the house , but must go along with me ; m. prynne returned this answer , that he was a member of the house and was going into it to discharge his duty , from which no man should or ought to hinder him , whether he would go , and he should not keep him back , and thereupon thrust up a step or two more . whereupon pride thrusting him down before , and sir hardress waller , and others laying hands on , and pulling him down forcibly behind to the court of requests great door , mr. prynne thereupon demanded by what authority and commission , and for what cause they did thus violently seize on , and pull him from the house ? to which pride and waller shewing him their armed souldiers standing round about him with swords , muskets , and matches lighted , told him that there was their commission : to which mr. pryme answered , that they were no legal commission , nor cause for them to seize upon him being a member , and openly protested , that it was an high breach of the priviledges of parliament and affront to the house , and desired the standers by to bear witnesse of this violence and his protestation against it , and that they being more and stronger then he , and all armd and he unarmed , they might forcibly carry him whether they pleased , but stirre he would not thence of his own accord , whereupon they forcibly pushed him into the queens court , where some other members a little before seized , were kept prisoners by them . the house bein informed by mr. dodridge , a member who came along with mr. prynne , of this violence upon him and high breach of priviledge in seizing him and other members , sent the serjeant of the house , to demand them of the captain that guarded them , and to command their present attendance in the house : which message though delivered by him , and the prisoners thereupon requiring obedience , that they might accordingly attend the house : was yet slighted and disobeyed , whereupon the house ordered the serjeant the second time to go with his mace and demand the members , and bring them unto the house forthwith ; the house refusing to do any businesse till their members were restored , but pride and his confederates stayed the serj●ent in the lobby , and would not suffer him to go to the members ; whereupon he returning into the house , acquainted them with the contempt , which was entred into the journall . thereupon the house concluded , not to proceed till their members were restored , and sent a committee to the general to demand them , mr. edward stephens and colonell birch being in the house were sent for to the doore by some of the officers by false tickets , and pulled out from the house doores by violence , col. birch putting his head within the doore , and crying out to the speaker , whether they would suffer their members to be pulled out thus violently before their faces , and yet sit still ? when night approached st. peters ( who now keeps the prison door keyes of hell and purgatory ) released two of the imprisoned members ( sir benjamin ruddiard , and mr. nath. fiennes ) by the same power of the sword ( as he said ) that had taken and held them captive : belike they were all prisoners of war , and so their marching up to westminster was a leavying open warre against the parliament , and so treason by their own declarations and remonstrance , in as high or higher degree , as that for which they demand the king to be brought to speedy justice and execution . soon after , he and some other other officers , promised the imprisoned members , that they should be removed to wallingford house , where the generall and lieutenant generall would come and conferre with them , and they should have all sitting accommodations , there provided for them ; and that coaches were provided to carry them thither ; whereupon they all took coach to go thither : but coming to hell back gate , the coaches were all there stayed , and the members thrust all prisoners into hell , where they were kept all that cold night , without either bedding or other needful accommodations , though some of them aged & infirm , & there enforced to lye upon the bare flower and benches instead of beds , few of them taking any rest at all that night . the next morning a little before dinner , they were all carried fasting to white hall , by the generalls order garded with foot and horse , before and behind , and on every side , like so many traytors to attend the general , and his councell , who desired presently to speak with them , as the marshall informed them under whose custody they were put . but when they came there , they waited on their more then royall new excellencies till six a clock at night , without eating or drinking : and then received this cold message , without being admitted to the generalls or councells presence . that the generall and officers were now so busie in consultation about other important affaires , that they could not speak with them that night , but had given order for their accommodation at the kings head , and swan in the strand , whither they should be carried that night , and the next morning some officers would wait on them with propositions : which done they were guarded every man with his musqueteer at his back , and others by his side , and horse and foot before and behind their persons , like so many rogues or felons , and so sent on foot through the dirty street , except six who were lame , who got a coach ) to these two inns ; and there kept prisoners severall daies till some were after by degrees without any condition , or cause assigned of their commitment , and others not released , removed elswhere . the next day after those members were thus violently seised , mr. gewen was seised at the house , and mr. vahghan at his lodging , and sent prisoners to the other members : sir william litten was likewise seized that day , and kept prisoner in white hall : but after released by sir william constables order : that day and five or six dayes following , above one hundred and sixty members more , whose names were listed by the officers and souldiers that stood at the house doors , who kept back every one that was so listed , were forcibly secluded and driven away from the house , which could hardly get above 45. or 50. ( most confederates with the army to carry on their designes ) and vote their counsells imperiall dictates , as the houses votes & not above 3. or 4. lords at most attended and made up that honorable house : all of them still sitting under the armies armed violence & over-awing terror . these 45. or 50. only whiles under this horrid force , during the restraint and forcible seclusion of above 200 members by the army , ( and so all their votes , orders , & proceedings meerely null and void , by their own ordinance of august 20. 1647. which declared , all votes , ordinances and proceedings during the members absence in the army , though not above 40. at most to be nul & void , from iuly 26. to august six , though the houses were then almost treble the number they are now , and no one member secluded or actually forced away from either house ) have assumed to themselves the name & power of the house , and presumed to repeal all votes concerning the treaty as dishonorable and destructive : & among others the vote made upon this solemne and long debate when there were 244 members present at the question , and above 340 at the debate when fullest through age & infirmity could not hold out all night til the question put , & some members contrary to the course of all former parliam . after these votes passed , have presumed to draw up & enter particular protestations against it : for which other members in former times have bin suspended the house , & sent prisoners to the tower . the list of those who have entred their dissents & protests against it , follow : because the secluded members & those who concurred in that vote , being above three times their number , expect they will give the kingdom and world some solid and satisfactory reasons of this their dissent , against which there is so great reason in the premisses , dissents without reasons to back them , being no wayes satisfactory to any man. 20 december 1648. col. bosvill , lord gray , peregrine pelham , col. jones , col. temple , col. ven , sir tho. malivory , sir john bouchier , col. peter temple , humphry edwards , ( whose elect . is void , mr. tho. challoner . sir gregory norton , michael oldesworth augustin garland , sir iohn danvers . mr. dove . mr. hen. smith . mr. fry , ( whose election , is long since voted void ) mr. serle , nicholas love , iohn lisle . col. rigby , cornelius holland col. ludlow gregory clement col. puretoy col. stapely mr. dunch mr. cawley col. downes john carey john blackstone thomas scot december 21 col. hutchinson sir henry mildmay sir jam. harrington 25 decemb. col. edward harvey alderman pennington alderman atkin dan. blagrave ( voted out of the house . colonel moor gilbert millington in a letter from paris , writ by an independent agent there , to an independent member of the house of commons , a great friend of the armies , dated paris nov. 28. 1648 , there is this passage : i am fallen into the acquaintance of three or four catholicks of great ingenuity , and in their way , of much religion : undoubtedly , it is an errour to look at all papists through the same prospective ; for they are more to be differenced then english protestants can be . i finde their opinion of , and dependance upon the pope , little or nothing what we imagined it to be , and better principled to make members of a free common-wealth , then the most english. their opposition to the king is not to be reconciled . their hopes now are upon the army , to whom they wish all prosperity as to the setling of a representative , being extremely distasted with regal hereditary power through the world . this letter compared with the close of the fore going speech , the armies late force upon both houses and their members to dissolve them , their imprisoning and removing the king to bring him to tryall , their voting at their generall councel of war at white-hall the 23 of december last [ carryed by two voyces ] that all papists should have free liberty and toleration of conscience , and all sequestrations and forfeitures as papists only , taken off . their earnest prosecution of the new jesuiticall representative , to divide the whole kingdom into bloudy feuds and factions to destroy one another , and make way for the common forraign popish enemies , to invade and conquer us in our present low condition , without any opposition , and lose ireland past all recovery ; their casting of the eminent imprisoned members into hell it self in highest contempt and scorn ; their setting up a new parliament of state , and a convocation too at white-hall , as the supreme councel , to vote , settle and determine all affairs of church and state , and new mould the whole government of this kingdom ; with the petition of robert de luke to the general within these few dayes , for him and his fellow-messengers , authorized by the state to apprehend priests and jesuits , for his warrant to apprehend the jesuits and priests in his army and quarters without any officers disturbance , where they have discovered many of them since their march to london ; their present complyance with sir iohn winter the archest jesuited papist ( a person excepted in the propositions ) and using him and sir toby matthews that pragmaticall jesuite , to draw owen roh oneal , and the bloody popish rebels in ireland , to joyn with them against monarchy and the princes title ; with their late extraordinary favours to priests and papists , of which they boast ; the repealing of the oaths of supremacy and allegeance ( made principally against the pope , papists , and their jesuiticall usurpations , innovations and antimonarchicall practices of excommunicating , deposing , dis-inheriting and murthering our protestant princes ; and their manifold treasons , conspiracies and attempts upon their persons , crowns and kingdoms . ) their late illegal and treasonable murthering and beheading of the king , and the late petition of the army that all imprisoned for their conscience , or religion , may be released , extending unto popish priests and jesuits , and purposely intended for their benefit , there being none else but such restrained , and but few of them : and their present actings are a cleer evidence to every rational mans conscience , that all the armies present councels , designes , force , and proceedings against the king , prince , parliament , members and their new pretended representative , are but the jesuits and roman catholicks brats impostures and undermining projects , to accomplish their own ends ; and that they have already got the greatest sway in all their consultations and proceedings , of purpose to work our speedy ruine , if the officers and army will neither timely discern nor repent of it , and be no longer spurred on and ridden with a full career by these jesuiticall furies , who fear a discovery ere they have completed their work , and therefore make such post haste to accomplish it by the armies present distempers , uncapable yet of better councel , or timely informations , to recall them from their own approaching speedy ruine , their ears being so deafned , and their brains so intoxicated with their jesuiticall enchantments , which all the kingdom and world will now clearly discover , and i hope the officers and army will do so too by this discovery of them , and thereupon repent of all their violence and late proceedings , at which the papists at rome and in forraign parts do much rejoyce and triumph . i shall close up all with these words of both houses of parliament in their ordinance of the 1 of april 1643 , * that nothing but ruine and desolation can be expected , unlesse god in mercy prevent it , and incline his majesties heart to the faithfull advice of his great councel of parliament ( as now he hath done in this treaty ) which hath ever been , and is [ under god ] the chief support of his royall dignity , and the security of all we have , or can enjoy . finis . notes, typically marginal, from the original text notes for div a56213-e260 a iohn goodwin right and might well met : the moderate : a word to m. william prynne , ( a libellous empty new-nothing . ) b the humble answer of the generall councell of officers of the army , &c. ian. 3. 1648. h rev. 2. 10. i a collection , &c. pag. 224 425 , 599 , 623 , 694● 705 , 227 , 267 , 300 , 380 , 464 , 537 , 686 , appendix , p. 4. 23. exact collection , p. 35. to 42. k exact collection , p. 18 , 200 , &c. a collection , p. 705. l exact collection , p. 35. to 40. 48 , to 57 , 215 , to 232 , &c , m a collection , p. 201 , &c. n the generalls letters from bedford , iuly 30 , 1 , 647. and his and the armies remon●●rance . august , 18. ●c 4. o see exact c●llect ●ons : and a coll●●c●cti●on of al orders , &c. passim , and the at 〈◊〉 , p the humble answer , &c. ian. 3 , 1648. p. 2. q the humole answer , p. 9. r 2 per. 2. 11. iude. 9. s luke 6 22. t psal. 37. 6. u i per : 1. 17. rev. 20. 13. x heba 4.13 . y the humble answer , p. 2. z 1 sam. 6 , 14. 15. 19. 20. a 1 sam. 15. 13. 14. &c. c. 13. 68 to 15. b 1 chron. 13 9. 10. c matth , 6. 7. c. 15. 9. d rom. 13. 1. 2 tim. 2. 2. 3 tit. 3. 1. 1 tit. 2. 13 , 14 , 15. gen. 6. 11 , 12. psal. 11. 15. psal. 55. 9. isay 59. 6. rom. 1. 29 , 30 , 31. 2 tim. 2. 3 , 4. e 1 thes. 5. 22. 1 cor. 8. 21. rom. 12. 17. f mat. 18. 17 , 18. 1 cor. 10. 32. rom 4. 20. 2 cor. 6. 3. 1 cor. 8. 13. 2. 1 pet. 2. 11. c. 3. 12. * an humble answer p. 2. &c. o 2. sam. 10. 19. deur . 20. 10. 1 kings 22. 41. p psal. 122. 6. 8. ier. 29. 7. q heb. 12. 14. r psal. 4. 14. ier. 29. 7. 1. pet. 3. 11. s 1 thes. 4. 11. cor. 10. 36. t rom. 12. 18. 1. tim. 22. u rom. 15. 33. 2 cor. 13. 11. 1. per. 4. 9. 1. thes. 5. 16. x i say 9. 6 , 7. heb. 13. 20. y gal. 5. 22. eph. 4. 3. z rom● 10. 15. eph. 5. 16. u lev. 26. 6. numb . 5. 26. 2 kings 4. 20. 19. psal. 128. 6. psal. 147. 4. i say 26. 12. ier. 14. 13. b luk. 12. 13 , 14. 1 per. 4. 15. thes. 4 , 11. 2 thes. 3. 11. heb. 5. 4. e tertul . apologia . e matth. 26. &c. f joan mariana : de rege et regum instit. l. 1. c. 5. 6. 7. 8. bellarmin . de pontif . rom. 8. 5. 1. 6. 78. ludovicus richehom apol. pro societate iesu. franciscus de verona . apol. pro ioanne castel . aphorismi doctrinae iesuitarum . * the tit. page , . * exa●● collect. p. 31 , to 48. * rastal armor . 1. * exact . collect. p. 34 to 4g . &c. * a colcon-lect . p. 201 : * condemned by the houses in the king. exact collect . p. 10● 20. ● 3. * a collection p. 634. * exact collect. p. 34. to 46. 156 ; 162. 201. 206. * knols twkish history , p. 297. 298. * rom , ● . 3● . k levi●● 19 , 17●1 tim. 1. 20. t●● 1. 13. object * right & might , p. 20. 21. answ. * 1 sa●●● 21. 6. * 2 pet. 2. 16. * ps. ● . 3 2. 9. * all pet●oners for peace are now disabled to be , or elect officers , by some late votes since out seclusion . mat. 26. 52. * these chains are only metaphorical , the chains of gods law and word , ( nor reall ) ps. 2. 3. is. 45. 14. rom. 20. 1 , 2. notes for div a56213-e5300 * si judicas , cognosc● . scneca . notes for div a56213-e6250 the● first prejudicet the answer there● unto . * learned giber●●s voc●ius in his letter to mr walter strickland , agent fos the parliament at the hague feb. 2 1644. writes thus of my soveraign power of parliaments &c. accept nuperrime commodato adhoras aliquot librum guil , prynne jam diu mi●i desideratum , & rationes cum respensionibus tam solide & ●ru . dite pro parliamentto 〈◊〉 adversarios instructas atque explicatas deprehendi , ut non videam quid ultra desiderari possit . debebat tractaus ille latine & gallice extare , ut a reformatis theologi 〈◊〉 politicis in europa legi possit . the second prejudice . the answer to it . the question . the question truly stated . the question truly stated . the first proposition fully granted ; and the benefits ac●●ing to us ther●● by . the militia fully consented to , and the kingdoms advantage and security thereby . * an exact collection , p. 88 , 89 , 9● , 909. &c. a collection of all the publik ordinances , &c pa. 49 , 50 , 51 , 57 , 58 , 77 , 84. * see matthew paris , matthew westminster , hollinshead , speed , daniel in his life . the king hath granted the houses for 20 years the disposing of all great offices , civill , judiciall , and military for twenty years both in england and ireland . the security and consequences thereof . the king hath confirmed the new oreat seal , & all that hath passed under it , nulled the old , aud what ever passed under its authority since its carrying from the houses . the repeale of new peers and other honours granted by the king , with the consequence thereof . * sec cook ! n●stitures on mag. cha. cap. 29. the proposition for raising moneys for payment of publike debts , artears , &c. granted ; with its benefits the court of wards aud tenures in capite &c. abolished : with the advantages . the proposition concerning delinquents how sarre granted even to satisfaction . * exact collection p. 464. 585 619. 631. 633. 908. object . answ. * 4. instir. ● . 1. p. 37. 38. * sec 2 chron. 28. 2. 10. 16. * see rastalls abridgment , tit. treason . that propositions concerning london fully granted , and the consequences of it . * exact collection p. 45. a collection● &c. p. 33. 495. 496. * an exact collection p. 6. the satisfactoriness of the kings answers to the propositions concerning the church & religion . propositions and concessions against papist , popery and popish innovations . propositions and concessions against prophanenesse . * see the book of ordination of ministers , & bishops , &c. 1. & 2. ph. & mar. c. 8. * this i have fully proved in my vnbishoping of timothy & titus . and of the antipathy of english prelacy to unity and monarchy , par 1. 2. c. 9. * see my vnbishoping of tim. and titus , where this is largely proved . * see this largely proved in my vnbishoping of timothy & titus , and in gersom . bucerus de gubernat . ecclesiae . * see my antipathy of the english prelacy , part . 2. pag. 479. to 484. * rev. 4. 10 , 11. c. 5. 8 , 9. c. 11. 16 , 17 , 18. * acts 20. 17. 28. phil. 1. 1. tit. 1. 5 , 6 , 7. * see goodwin , catalogue of english bishops . rastalls abridgement , tit. bishops sust fruits & 〈◊〉 , * a colllection &c. p. 124● 125. 902. * a collection , &c. ● . 922 , 23 , &c. * a colllection p. 124 , 125. object . answer . a mat. 8. 22. luke 8. 2. acts 3. 6. c. 4. 34. 35. 36. 37. c. 10. 10 5. c. 20. 34. 1 cor. 4. 12. 1 thes. 2. 9. phil. 4. 10. 10. 20. 1 cor. 11. 7 , 8 , 9. gal. 1. 8. b see m. seldens hist. of tythes . c polychron . l. 4. c. 26. see. d. crakenthorp of const. donat. euseb. de . v●●a constamin . d c. 22. in vita sylvestri . e hist. l. 4. c. 26 : f dialog . l. 4. c. 15 , 16 , 17. 26. g fox acts and monu . p. 517. 522. h answer to the preface of m moores book , p 116. i ser. on hag. 1 p. 176. defence of the apology . part 6. c. 9. divis . 3. k tho. becons reports of certaine men , vol. 3. f 341. l opus 90. dierun , c. 124. m fox acts and monu . vol. 2. p. 609. 610. n gra. dist . 41. o spel. concil . tom . 1. p. 261. 263. p de brit. eccl. primordiis c. 4. p. 661. 736. 737. 13. 14. q c. 21 , 22. &c. r see his life before his works , ho. 33. in matth. 21. in 1 cor. t niceph. eccl. hist. l. 18. c. 39. n niceph. l. 8. c. 42. socra . eccl . hist. l. 1. c. 12. s naz. ora● 35. x epist. 2. y m. wheten . p 44 , 45 , 46. z sulpitius scverus sacr . hist. l. 2. vssertus de brit. ec. primordiis , p. 196. a august . de gestis 〈◊〉 emeri●a , dona● . tom. 7. parl . 1. p. 772. b ●n my breviate of the prelares vsur-pations epist. dedicatory and appendix ; the antipathy of english prelacy , par . 2. c dialogo●um , l. 4 c. 15 , 16 , 17 , 18. 26 , 27. walsing . hist. p. 305. 302 to 307. fox acts & monuments 398. 414. 431. 434. object . answ. * plut. apop●th . * luk 19 42. object . answ. * remonstrance of the generall and officers , novemb. 20. 1648 : p. 6 , 7 69. * pag 62. to 70. ibid. their declaration , novemb. 3. and answ. ian. 3. object . answ. object . answ. * psalm . 145. 3. p●al . 118. 8 , 9. * object . nov. 20. p. 32 , 33 , 34 , 35. answ. * matth. paris , p. 305. speed , p. 597. * exact collect. p. 607 , 911. a collection of all orders , p. 49. 51 , 57 , 58 , 91. 446. 463 , 879. 900. * exact collection p. 102 , 103 114 , 115. * exact col. p. 907. &c. a col. of all publique orders , &c. , of both houses , p. 49 , 53 , 58 , 71 , 72. &c. 61 , 118. 456 , 463 , 879 , 900. * a coll. p. 900. * exact col. p. 911. 912 , 913. a coll. p. 51 , 52 , 110 , &c. note this . see putnery projects animadve●sion● upon the arm●es remonstrance . the army for a treaty . the kings answer to the p●opositions sent to him , to hampton court. 7. sept. 1647 note . note . note . * see putneyy projects . * from july 30. till nov : 20. * remonstrance p. 60. to 64. * zech. 13. 7. 1 king. 22. 17. * zech. 13. 7. 1 king. 22. 17. * see eutropius and grimstones imperiall history . * danicae histor. l. 8. p. 120. * rerum anglicarum l. 3. c. 6. 2 chron. 5. 5 , 6. 2 kings c. 1. to cap. 25. * exact collection , p. 1 , 21 , 644 , 100 , 101 , 102 , 103 , 125 , 214 , 281 , 307 , 458 , 464 , 466 , 474 , 584 , 587 , 588 , 605 , 631 , 632 , 637 , 641 , 642 , 661 , 16 , &c. * ibid. pag. 657 , 648 , 645 , 687 , 617 , 621. a collection of all the publique orders , & c● p. 422 , 423. * p. 61 , 62. 2 sam. 24. 27 1 ki●g . 11 & 12. * mat : paris , speed , daniel in the 〈◊〉 of king stephen . * remon : nov : 20. 1648. pag : 65 , 66 , 68 , 69 , 70 * remonst . pa 14 , 1e , 16 , 66 , 67. * see mr. ashl●ursts reason● against it . * a collecti . &c. p 425 , 698 700 , 877 , 878. * remon . p. 64. 66. and agreement of the people , formerly printed , and of late new modelied . object . * see the remonstrance of the northern associations , printed 1647. the humble petition , serious suggestions , &c. of the gentlem●n , yeomen and free-holders of the eastern● association . * a collection , pag. 599. 623. * exact collection . p. 298. 657. 658. 695 , 696 , a collection , p. 117. * this is in terminis asserted by the commons in their petition to the king at hampton court , and , remonstrance of the state of the kingdom , presented with it 15. dec. 1641. exact collect. * pag 1 to 20 * see rome's masters-piece . p. 13. to 26. not●● . exact collections , p. 1. 10. 20. 195 to 230. 265. &c. 661. to 666. 907 , &c. * a collect &c. p● 95. 97. 101. 203. 204. 205. 227. 252. 253. 287. 457. 148. 704. 705. 752. * appendix page 1. * exact 〈◊〉 lect●o . &c. p 28 & ● exact col● lect . p. 10 to 20 61. 65. 69 70. 78● 8. 84. 88● 89● 93● 94. 95. * a collection , & c● p 30. 49. 79. 167. 169. 181. 187. ●03 . 204. 211. 216. 217. 218. 227. 244. to 267. 275. 283. 3●9 . 313. 354. 360. 363. 370. 379. 412. 4●7 . 424. 412. 457. 458. 470. 489. 504. 5●6 . 537. 548. 576. 627. 620. 20● . 64. 87. 624. 666. 704. 7●5 . 70● . 724. 7●0 &c. 795. 8●2 . 803. 806. 811 : . to 829. 832. 873. 882. 883. appendix p. 7. ●1 . 15. * a collect on , &c. p 8. 13. 34. 41. 43. 44 , 49. 51. 61. 64 75 96. 97 99. 18●● 187. 201. 204. 205. 210. 227. 257. 300. 32● . 310. 458. 424. 425. 496. 537. 599. 623. 686. 696. 807. 808. 879. * appendix p. ● 15. 23. * the generals & armies remonstrance , aug 8. 1647. * see their remonstrance , aug. 18. 1647. see mr. edwards gangrena , &c. * see the arraignment of traytors , mr. vicars history , speeds chronicle and others nota. a title now owned by them thogh then disclaimed * remonst . p. 62 , 63. &c. * see the homilies against rebellion , deus & rex iohn whites defence of the way , c. 6. 10. dr. bilson of christian subjection and unchristian rebellion pat 3. bishop ic●els view of a seditious bull * ●iac . 1. 4. 5. notes for div a56213-e24020 note . * a collection pag. 1● . the first and second part of a seasonable, legal, and historicall vindication and chronological collection of the good old fundamentall liberties, franchises, rights, laws of all english freemen ... wherein is irrefragably evinced by parliamentary records, proofs, presidents, that we have such fundamentall liberties, franchises, rights, laws ... : collected, recommended to the whole english nation, as the best legacy he can leave them / by william prynne of swainswick, esquire. seasonable, legal, and historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all english freemen. part 1-2 prynne, william, 1600-1669. 1655 approx. 536 kb of xml-encoded text transcribed from 103 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-10 (eebo-tcp phase 1). a56162 wing p3954 estc r19429 12399398 ocm 12399398 61231 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56162) transcribed from: (early english books online ; image set 61231) images scanned from microfilm: (early english books, 1641-1700 ; 288:4) the first and second part of a seasonable, legal, and historicall vindication and chronological collection of the good old fundamentall liberties, franchises, rights, laws of all english freemen ... wherein is irrefragably evinced by parliamentary records, proofs, presidents, that we have such fundamentall liberties, franchises, rights, laws ... : collected, recommended to the whole english nation, as the best legacy he can leave them / by william prynne of swainswick, esquire. seasonable, legal, and historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all english freemen. part 1-2 prynne, william, 1600-1669. the second edition, corrected and much enlarged. [110], 104, [3], 76 p. printed for the author, and are to be sold by edward thomas ..., london : 1655. "the second part of a seasonable, legal and historical vindication, and chronological collection of the good old fundamental liberties, franchises, rights, lawes, government of all english freemen" has special t.p. and separate paging. signature n5 is missing in the filmed copy. signatures m'-n4 photographed from university of illinois (urbana-champaign campus). library copy and are inserted at the end. errata: p. [3] at beginning. reproduction of original in yale university library. imperfect: film lacks 2nd pt. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng constitutional history -great britain. great britain -politics and government -1649-1660. 2005-12 tcp assigned for keying and markup 2005-12 aptara keyed and coded from proquest page images 2006-11 ali jakobson sampled and proofread 2006-11 ali jakobson text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion the first and second part of a seasonable , legal , and historicall vindication , and chronological collection of the good , old , fundamentall liberties , franchises , rights , laws of all english freemen their best inheritance , birthright , security , against all arbitrary tyranny , and aegyptian burdens ) and of their strenuous defence in all former ages ; of late years most dangerously undermined , and almost totally subverted , under the specious disguise of their defence and future establishment , upon a sure basis , by their pretended , greatest propugners . wherein is , irrefragably evinced by parliamentary records , proofs , presidents , that we have such fundamentall liberties , franchises , rights , laws . that to attempt or effect the subversion of all or any of them , ( or of our fundamentall government ) by fraud or force , is high treason . the principal of them summed up in x. propositions ; the chief printed treatises asserting them , specified : a chronological history of our ancestors , zeal , vigilancy , courage , prudence , in gaining , regaining , enlarging , defending , oft confirming and perpetuating them to posterity , by great charters , statutes , new confirmations , excommunications , speciall conservators , consultations , petitions , declarations , remonstrances , oaths , protestations , vows , leagues , covenants , and likewise by their arms , when necessitated , during all the britons , romans , saxons , danes , normans and english kings reigns , till this present ; collected for present and future publique benefit : with a brief touch of their late unparalelled infringments and subversions in every particular : the triall of all malesactors by their peers and juries , justified , as the onely legall , best , most indifferent , and all other late arbitrary judicatories , erected for their triall , exploded , as destructive both to our fundamentall laws and liberties . collected , recommended to the whole english nation , as the best legacy he can leave them , by william prynne of swainswick , esquire . the second edition corrected and much enlarged . psal . 11. 3. if the fundations be destroyed , what can the righteous do ? psal . 82. 5. they know not , neither will they understand , they walk on in darknesse : all the foundations of the earth are out of course . london , printed for the author , and are to be sold by edward thomas in green arbour , 1655. errata . in the epistle , letter c. page 8. l. 6. read effect , d. p. 2. l. 9. 〈◊〉 tesmond , h. p. 5. l. 19. censurers , i. p. 5. l. 13 of r. our k. p. 7. l. 28. r. heirs , l. p. 4. l. 20. r. exercerunt . in the margin h. p. 3. l. 42. aliquem , i. p. 6. l. 27. pacti l. p. 8. 13. r. 23. in the book p. 4. l. 25. r. as of , p. 13. l. 36. r. were resolved . p. 19. l. 14. r. vote of p. 24. l. 16. of p. 26. l. 15. of and p. 29. l. 33. statutes . p. 32. l. 26. r. e. 6. c. 5. p. 35. l. 6. to sedition p. 38. l. 19. r. parts . margin , p. 27. l. 13. ther r. other , p. 64. l. 3 , 4 , 5. r. 10. r. 2. cap. 1. 1 h. 5. c. 1. 28 h. 6. n. 51. l. 11. r. 4. e. 4. to all truely christian free men of england , patrons of religion , freedom , lawes , parliaments , who shall peruse this treatise . christian reader , it hath been one of the most detestable crimes , and highest impeachments against the antichristian a popes of rome , that under a saint-like religious pretext of advancing the church , cause , kingdom of jesus christ , they have for some hundred yeers by-past , usurped to themselves ( as fole monarchs of the world in the right of christ , whose vicars they pretend themselves to be ) both by doctrinal positions and treasonable practises , b an absolute soveraign , tyrannical power over all christian emperours , kings , princes of the world ( who must derive and hold their crowns from them alone , upon their good behaviours at their pleasures ) not onely to excommunicate , censure , judge , depose , murder , destroy their sacred persons ; but likewise to dispose of their crowns , scepters , kingdoms , and translate them to whom they please . in pursuance whereof , they have most traiterously , wickedly , seditiously , atheistically , presumed to absolve their subjects from all their sacred oaths , homages , natural allegiance , and due obedience to them , instigated , encouraged , yea expresly , enjoyned ( under pain of interdiction , excommunication , and other censures ) their own subjects , ( yea own sons sometimes ) both by their bulls and agents , to revolt from , rebel , war against , depose , dethrone , murder , stab , poyson , destroy them by open force , or secret conspiracies : and stirred up one christian king , realm , state , to invade , infest , destroy , usurp upon another ; onely to advance their own antichristian soveraignties , usurpations , ambition , rapines , worldly pompe and ends : as you may read at leisure in the statutes of 25 h. 8. c. 22. 28 h. 8. c. 10. 37 h. 8. c. 17. 13 eliz. c. 2. 23 eliz. c. 1. 35 eliz. c. 2. 3 jacob. c. 1 , 2 , 4 , 5. 7 jacob. c. 6. the emperour frederick his epistles against pope gregory the 9. and innocent the 4. recorded in matthew paris , and * others , aventinus annalium boiorum , mr. william tyndal's practice of popish prelates ; the second homily upon witsunday ; the homilies against disobedience , and wilful rebellion ; bishop jewels view of a seditious bull ; iohn bale in his lives of the roman pontifs ; doctor thomas bilson in his true difference between christian subjection , and unchristian rebellion ; doctor john white his sermon at paul , s cross , march 24. 1625. and defence of the way , c. 6 , 10. doctor crakenthorpe of the popes temporal monarchy ; bishop morton's protestant apology ; doctor beard 's theater of god's judgements , l. 1. c , 27 , 28. doctor squire of antichrist ; john bodin his commonwealth , l. 1. c. 9. the learned morney lord du plessy , his mystery of iniquity , and history of the papacy . the general history of france . grimston's imperial history . matthew paris , speed , holinshed , cambden , and others , in the lives of king john , henry the 3. queen elizabeth , and other of our kings , with hundreds of printed sermons on the 5 of november . the principal instruments the popes imployed of late yeers , in these their unchristian treasonable designes , have been pragmatical , furious , active jesuites , whose society was first erected by ignatius loyola ( a spaniard by birth , but a c souldier by profession ) and confirmed by pope paul the 3. anno 1540● which order consisting onely of ten persons at first , and confined onely to sixty by this pope , hath so monstrously increased by the popes and spaniards favours and assistance ( whose chief janizaries , factors , intelligencers they are ) that in the yeer 1626. d they caused the picture of ign●tius their founder to be cut in brass , with a goodly olive tree growing ( like jessees root ) out of his side , spreading its branches into all kingdoms and provinces of the world , where the jesuites have any colledges and seminaries , with the name of the province at the foot of the branch , which hath as many leaves as they have colledges and residencies in that province ; in which leaves , are the names of the towns and villages where these colledges are situated : round about the tree are the pictures of all the illustrious persons of their order ; and in ignvtius his right hand , there is a paper , wherein these words are engraven , ego sicut oliva fructifera in domo dei ; taken out of ps . 52. 8. which pourtraictures they then printed and published to the world : wherein they set forth the number of their colledges and seminaries to be no less then 777. ( increased to 155 more , by the yeer 1640. ) in all 932. as they published in like pictures & pageants printed at antwerp , 1640. besides sundry new colledges and seminaries erected since . in these colledges and seminaries of theirs , they had then ( as they print ) 15591 fellews of their society of jesus , besides the novices , scholars , and lay-brethren of their order , amounting to neer ten times that number . so infinitely did this evil weed grow and spread it self , within one hundred yeers after its first planting . and which is most observable , of these colledges and seminaries they reckoned then no less then 15 ( secret ones ) * in provincia anglicana , in the province of england , where were 267 socii or fellows of that society : besides 4 colledges of english jesuites elsewhere . in ireland and elsewhere 8 colledges of irish jesuites : and in scotland and otherwhere 2 residencies of scottish jesuites . what the chief imployments of ignatius and his numerous swarms of disciples are in the world , his own society at the time of his canonization for a romish saint , sufficiently discovered in their painted pageants , then shewed to the people , e wherein they pourtraied this new saint holding the whole world in his hand , and fire streaming out forth of his heart ( rather to set the whole world on fire by combustions , wars , treasons , powder-plots , schismes new state , and old church-heresies , then to enlighten it ) with this motto ; veni ignem mittfre : i came to send fire into the world ; which the university of cracow in poland objected ( amongst other articles ) against them , anno 1622. and alphonsus de vargas more largly insisteth on in his relatio , de stratagematis & sophismatis politicis jesuitarum , &c. an. 1641. c. 7 , 8 , 24. their number being so infinite , and the f pope and spaniard too , having long since ( by g campanella's advice ) erected many colledges in rome , italy , spain , the netherlands , and elsewhere , for english , scottish , irish jesuites ( as well as for such secular priests , friers , nuns ) of purpose to promote their designs against the protestant princes , realms , churches , parliaments of england , scotland , ireland , & to reduce them under their long prosecuted h universal monarchy over them , by fraud , policy , treason , intestine divisions , and wars , being unable to effect it by their own power ; no doubt of late yeers many hundreds , if not thousands , of this society , have crept into england , scotland and ireland , lurking under several disguises ; yea , an whole colledge of them sate weekly in counsel , in or neer westminster , some few yeers since , under conne the popes nuntio , on purpose to embroyle england and scotland in bloody civil wars , therby to endanger , shake , subvert these realms , and destroy the late king ( as you may read at large in my romes master-piece , published by the commons special order , an. 1643. ) who occasioned , excited , fom●nted , the first and second intended ( but happily prevented ) wars between england and scotland , and after that , the unhappy differences , wars , between the king , parliament , and our three protestant kingdoms , to bring them to utter desolation , and extirpate our reformed religion . the kings forces ( in which many of them were souldiers ) after some yeers wars being defeated , thereupon their father ignatius being a souldier , and they his military sons , not a few of them i secretly insinuated themselves as souldiers , into the parliaments army and forces , ( as they had formerly done into k the kings ) where they so cunningly acted their parts , as extraordinary illuminates , gifted brethren , and grand states-men , that they soon leavened many of the officers , troopers and common souldiers , with their dangerous jesuitical state-politicks , and l practises , put them upon sundry strange designs , to new-mould the old monarchical government , parliaments , church , ministers , laws of england ; erecting a new general councel of army-officers and agitators for that purpose ; acting more like a parliament and supream dictators , then souldiers . and at last instigated the army by open force ▪ ( against their commissions , duties , oaths , protestations and solemn league & covenant ) to impeach , imprison , seclude , first elevē commoners ; then some six or seven lords ; after that to secure , seclude the majority of the commons house , suppress the whole house of lords , destroy the king , parliament , government , priviledges , liberties of the kingdom & nation , for whose defence they were first raised , which by no other adverse power they could effect . this produced new bloody divisions , animosities , wars , in and between our three protestant realms and nations ; & after with our protestant allies of the netherlands , ( * campanella's express old projected plots to subject us both to the popes and spaniards monarchies , effected by the spaniards gold and agents ) with sundry heavy monthly taxes , excises , oppressions , sales of the churches , crowns , and of many nobles and gentlemens lands and estates , to their undoing , our whole nations impoverishing , and discontent , an infinite profuse expence of treasure , of protestant blood both by land and sea , decay of trade , with other sad effects in all our three kingdoms ; yea , sundry successive new changes of our publick government , made by the army-officers , ( who are still ringing the changes ) according to campanela's and parsons platforms . so that if fire may be certainly discerned by the smoke ; or the tree commonly known by its fruits , as the truth it self resolves , matth. 12. 33. we may truly cry out to all our rulers , as the jews did once to the rulers of thessalonica , in another case , act. 17. 6. those ( jesuites ) who have turned the world upside down , are come hither also ; and have turned our kingdoms , kings , peers , monarchy , parliaments , government , laws , liberties , ( yea , our very church and religion too , in a great measure ) upside downe , even by those very persons , who were purposely raised , commissiond , waged , engaged by protestations , covenanes , vows , oathes , laws , allegiance and duty , to protect them from these jesuitical innovations and subversions . and those jesuites , spanish romish agents , who have so far seduced , so deeply engaged them , contrary to all these obligations , and to their own former printed engagements , remonstrances , representations , proposals , desires , and resolutions , for setling this nation in its just rights , the parliament in their just priviledges , and the subjects in their liberties and freedoms ; published to all the world , in the name of sir thomas fairfax , the army , and the general councel of the army , none volume . london , 1647. ( which they may do well to peruse ) yea , against the votes , intreaties , desires , advices , of both houses of parliament , the generality of the good ministers , people of the three whole kingdoms , and their wisest , best affected protestant friends , who commissioned , raised , paid , assisted them for far other ends o whether may they , will they not ( in all humane probability ) rashly , blindly , suriously henceforth lead , drive , precipitate them , to our whole three kingdoms , churches , parliaments , laws , liberties total , final desolation , and the armyes too in conclusion , beyond all hopes of prevention , unless god himself shall miraculously change their hearts , councels , and reclaim them from their late destructive , heady violent courses : or put an hook into their noses , to turn them back by the way by which they came : or , set a timely period to their usurped armed power and extravagant late proceedings , of such a desperate unparallel'd , unprotestant strange nature , as none but the very worst of ignatius his disciples and engineers durst set on foot , or still drive on amongst us protestants . which i earnestly beseech , adjure , and conjure them now most seriously to lay ●o heart , before it be over-late . those who will take the pains to peruse all or any of these several printed books ( most of them very well worth their reading ) written against the iesuites and their practises , as well by papists as protestants , as namely , fides iesu & iesuitarum , printed 1573. doctrinae iesuiticae praecipua capita , delph . 1589. aphorismi doctrinae iesu●ticae . 1608. cambitonius , de studiis jesuitarum abstrusioribus . anno 1608. iacobus thuanus , passages of the jesuites . hist . l. 69 , 79 , 83 , 94 , 95 , 96 , 108 , 110 , 114 , 116 , 119 , 121 , 124 , 126 , 129 , 131 , 132 , 134 , 136 , 137. 138. emanuel meteranus his passages of them . belgicae hist . l. 9 , 12 , 17 , 18 , 19 , 21 , 23 , 26 , to 34. willielmus baudartius , continuatio meterani , l. 37 , 38 , 39 , 40. donatus wesagus , fides iesus & iesuitarum , 1610. characteres iesuiticae , in several tomes . elias husenmullerus , historia iesuitici ordin● , anno 1605. speculum sive theoria doctrinae iesuiticae , necnon praxis jesuitarum , 1608. pasquier his jesuite displayed . petrus de wangen , physiogmonia jesuitica , 1610. christopherus pelargus , his novus jesuitismus . franciscus . de verone , his jesuitismus sicarius , 1611. narratio de proditione jesuitarum in magnae brit. regem , 1607. consilium de lesuitis regno polonia ejiciendis . the acts of the states of rhetia , anno 1561 , & 1612. for banishing the jesuites wholly out of their territories , ne status politicus turbaretur , &c. mentioned by fortunatus sprecherus , palladis rheticae , l. 6. p. 251 , 273. melchior valcius , his furiae gretzero , &c. remissae , 1611. censura jesuitarum , articuli jesuitarum , cum commonefactione illis oppositae anti-jesuites , au roy par . 1611. variae doctorum theologorum theses adversus quaedam jesuitica dogmata . the remonstrance of the parliament of paris to henry the great against the re-establishment of the jesuites ; and their censure of mariana his book , to be publickly burnt , printed in french , 1610. recited in the general history of france , in lewis 13. his life , & peter matthew , l. 6. par . 3. historia franciae . variae facultatis thologiae & curiae parisiensis , quam aliorum opuscula , decreta & censurae contra jesuitas , paris 1612. conradus deckerus , de proprietatibus iesuitarum , 1611. quaerelarum inclyti regni hungariae adversus corruptelas iesuiticas defensio . lucas osiander , his writing about the jesuites bloody plot , han. 1614. iesuitarum per unitas belgii provincias negotiatio , anno 1616. radulphus hospinianus , historia iesuitica , 1619. bogermannus his catechismus iesuiticus . lodovicus lucius , historia iesuitica , basil . 1627. arcana imperii hispanici , 1628. mercure iesuite , in several tomes , geneve 1626 , de conscientia iesuitarum , tractat . censura sacrae theologiae . parisiensis , in librum qui inscribitur , antonii sanctarelli societatis iesu , de haeresi , schismate & apostasia , &c. paris , 1626. anti-cotton ; ioannes henricius , deliberatio de compescendo perpetuo crudeli conatu iesuitarum , fran. 1633. a proclamation of the states of the united provinces , anno 1612. and another proclamation of theirs : with two other proclamations of the protestant states of the marquesate of m●ravia , for the banishing of the iesuites , london 1629. alfonsi de vargas toletani , relatio ad reges & principes christianos , de stratagematis & sophismatis politicis societatis jesu , ad monarchiam orbis terrarum sibi conficiendam : in qua jesuitarum erga reges & populos optimè de se meritos infidelitas , erga ipsum poutificem perfidia , contumacia , & in fidei rebus novandi libido , illustribus documentis comprobatur , anno 1641. jubilaeum , sive speculum jesuiticum , exhibens praecipua jesuitarum scelera , molitiones , innovationes , fraudes , imposturas , et mendacia , contra statum ecclesiasticum politicumque , in & extra europeum orbem ; primo hoc centenario , confirmati illius ordinis instituta et perpetrata : ex variis historiis , inprimis vero pontificiis collecta , anno 1644. ( a piece worth perusing ) or else will but cast their eyes upon our own forecited statutes , and the * proclamations of queen elizabeth , king james , and king charls against jesuites , and seminary priests . a brief discovery of doctor allens seditious drifts , london 1588. charles paget ( a seminary priest ) his answer to dolman , concerning the succession of the english crown , 1601. william watson ( a secular priest ) his dedachordon or quodlibets , printed 1602. now very well worthy all protestants reading . a letter of a. c. to his dis-jesuited kinsman , concerning the jesuites , london 1602. romish positions and practises for rebellion , london 1605. the arraignment of traytors , london 1605. john king bishop of london , his sermons on november 5. 1607 , 1608. king james his conjuratio sulphurea , apologia pro juramento fidelitatis : & , responsio ad epistolam cardinalis peronii . an exact discovery of the chief mysteryes of the jesuitical iniquity : and , the jesuites secret consultations ; both printed london 1619. william crashaw his iesuites gospel , london 1621. william feak of the doctrine and practice of the society of jesus , london 1630. the many printed sermons of doctor iohn white , bishop lake , bishop andrews , doctor donne , doctor featly , doctor clerk , and others , preached on the fifth of november . lewis owen , his running register , london , 1620. his unmasking of all popish monkes and jesuites , 1628. and his jesuites looking-glass , london , 1629. john gee , his foot out of the snare , &c. london , 1624. with the jesuitical plots discovered in my romes master-piece ; and , hidden works of darkness brought to publick light , london 1645. shall see the jesuites and their seminaries charged with , convinced of , and condemned for these ensuing seditious , treasonable , antimonarchical , anarchical positions and practises ; for which , their society hath by publick acts and proclamations been several times banished out of hungaria , bohemia , moravia , poland , the low countries , rhetia , france , transilvania , sweden , denmark , the palatinate , venice , aethiopia , japan and turkey , as well as out of england , scotland and ireland , as most insufferable pests and traytors ; in many of which they have yet gotten footing again . 1. that at least ●ifty several prime authors of that infernal society of jesus ▪ in several printed books ( which you shall finde specified in doctor john whites defence of the way , c. 6 , 10. aphorismi-jesuitarum : iubilaeum , or , speculum iesuiticum , p. 187 , 188. and the appendix to my fourth part of the soveraign power of parliaments , p. 187 , 188. ) have dogmatically maintained ; * that the pope hath absolute power , not onely to excommunicate , but judicially to suspend , mulct with temporal penalties , depose , dethrone , pvt to death , and destroy any christian emperours , kings , princes , potentates , by open sentence , war , force , secret conspiracies , or private assasinations , and to give away their crowns and dominions to whoever will invade them , by treason or rebellion , at the popes command ; and that in cases of heresie , schisme , disobedience to , rebellion against the pope or see of rome , male-administration , refusal to defend the pope or church against her adversaries , insufficency to govern , negligence , tyranny , excesses , abuses in gove●nment , incorrigibility , vitiousness of life , and m necessity of the publick good , or safety of the church , state , or cavse of god ; as antonius sanctarellus the jesuite particularly defines , in his book de haeresibus , schismatibus , &c. printed in rome it self , anno 1625. who affirms it to be , multum aequum & reipublicae expediens , ut sit aliquis supremus monarcha , qui regum hujusmodi excessus possit corrigere , & de ipsis ivstitiam ministrare ; sicut petrd concessa fuit facultas pvniendi paena temporali , imo etiam , paena mortis , dictas personas ad al●●●vm cokkeecmionem et exemplvm . ( whether the erection , title of , or proceedings against our beheaded king , in the late mis-named high court of justice , had not their original from hence ; and whether the army-officers derived not their very phrase , n of bringing the king to ivstiee , with their pretended necessity of pvblick good and safety , for it , from these very jesuites , or their agents in the army ; let themselves , the whole kingdom , and all wisemen now consider . ) moreover , some of the fifty authors , ( as creswel , or parsons the english jesuite , in his philopater , sect. 2. and * de officio principis christiani , chap. 5. affirm , that the whole school both of ( their ) divines and lawyers , make it a position certain and undoubtedly to be believed , that if any christian prince whatsover , shall manifestly turn from the roman catholick religion , or desire , or seek to reclaim others from the same ; or but favour , or shew countenance to an heretick ( as they deem all protestants , and dissenters from the see of rome in any punctilio , such ) he presently falleth from , & loseth al princely power & dignity ; & that by vertus & power of the law it self , both divine and hvmane , even before any sentence pronovnced against him by the svpream pas●or and ivdge . that thereby his subjects are absolved from all oathes and bonds of allegiance to him as to their lawful prince . nay , that they may and ovght ( * provided they have competent power and force ) to cast ovt svch a prince from beaking rvle amongst christians , as an apostate , an heretick , a back-slider , a revolter from our lord jesus christ , and an enemy to his own estate and commonwealth ; lest perhaps he might infect others , or by his example or command , turn them from the faith . and that the kingdom of such an heretick or prince , is to be bestowed at the pleasure of the pope , with whom the people upon pain of damnation , are to take part , and fight against their soveraign . out of which detestible and treasonable conclusions , most treasons and rebellions of late time have risen in the christian world ; and the first smoke of the gunpowder-treason too , as john speed observes in his history of great britain , p. 1250. whereupon the whole * university of paris censured them , an. 1625 , and 1626. not onely as most pernioious , detestable , damnable , erroneous , and perturbing the publick peace ; but likewise , as subversive of kingdoms , states , and republicks , seducing subjects from their obedience and subjection , and stirring them up to wars , factions , seditions , & principum parricidia , and the murthers of their kings . 2. that the jesuites have * frequently put these treasonable , seditious , antimonarchical , jesuitical , damnable doctrines into practice , as well against some popish , as against protestant kings , queens , princes , states : which they manifest , 1. by o their poysoning jone albreta queen of navarre , with a pair of deadly perfumed gloves , onely for favouring and protecting the protestants in france against their violence , anno. 1572. 2. by their suborning and animating p james clement a dominican frier , to stab king henry the third of france in the belly with a poysoned knife , whereof he presently died , anno. 1589. for which they promised this traytor , a saintship in heaven . pope sixtus the fifth himself commending this foul fact in a long oration to his cardinals , as insigne & memorabile sacinus , non sine dei opt. max. particulari providentia , & dispositione , et spiritus sancti suggestione designatum : facinusque longe majus quam illud s. judith , quae holofernum è medio sustulit . 3. by q cammolet the jesuites publick justification of this clement in a sermon at paris anno 1593. wherein he not only extolled him above all the saints , for his treason against , and murder of henry the 3. but broke out likewise into this further exclamation to the people : we ought to have some ehud , whether it be a a monke , or a souldier , or a varlet , or at least a cow-herd . for it is necessary , that at least we should have some ehud . this one thing onely yet remains behinde : for then we shall compose all our affairs very well , and at last bring them to a destred end . whereupon , by the jesuites instigation , the same yeer 1593. one peter bariere , undertook the assasination of king r henry the 4 of france : which being prevented , and he executed , thereupon they suborned and enjoyned one of their own jesuitical disciples , john castle , a youth of 19 yeers old , to destroy the king : who on the 27 of december 1594. intending to stab him to the heart , missing his aim , wounded him onely in the cheek , and stroke out one of his teeth ; for which treasonable act he was justified , applauded , as a renowned saint and martyr , by the jesuites , in a printed book or two , published in commendation of this his undertaking . as namely , by bonarscius the jesuite , in his amphitheatrum , franciscus verona constantinus , ( a jesuite ) in his apologiapro iohanne castello , contra edictum parliamenti , & supplicium de eo ob parricidium sumptum , an. 1595. where he thus writes of the attempt upon hen. 4. whosoever diligently ponders , that henry was excommunicated , an heretick , relapsed , a prof●ner of holy things , a declared publick enemy , an oppressor of religion ; and ( thereupon ) a person secluded from all right to the kingdom ; and therefore a tyrant , not a king ; an vsurper , not a lawful lord ; he verily , unless he be mad , and destitute of humane sence , and love towards god , the church , and his country , cannot otherwise think or speak ; but that the fact of castle was generous , conjoyned with vertue ; and heroical , to be compared with the greatest and most praise-worthy facts which the ancient monuments of sacred and prophane histories have recorded . one thing onely may be disliked , namely , that castle hath not utterly slain and taken him from the midst of us . in sum , he denies this henry to be any king of france , by right or inheritance , because , ( in his and the jesuites opinion onely , not in truth ) he was both an heretick , and a tyrant . asserting , that it was lawful for castle , or any other private man , to destroy an heretick or tyrant , much more then , him that was both . and * john guignardus a jesuite , ( fellow of the jesuites colledge of claremount ) in his papers then seised by , and reported to the parliament of paris , anno 1595. not onely compared henry the third and fourth to nero and herod , and justified clements murder of the one , and castles attempt upon the other , as most heroical and praise-worthy actions : but likewise added , that if we in the year 1572. on saint bartholmews day , ( in the general massacre of the french protestants ) had cvt off the basilicon veine , ( henry king of navarre ) we had not fallen out of a feavour , into that plague , which now we finde . sed quicquid delirant reges plectunctur achivi , sangvini parcendo . that king henry should be but over-mildly dealt with , if he were thrust from the crown of france , into a monastery , and there had his crown shaven . that if he could not be deposed without a war , then a war was to be raised against him : but if a war could not be levied against him , the cause being dead , clam e medio tollatvr : he should then be privily murdered and taken out of the way . for which the parliament of paris adjudged and executed him for a traytor . yea , so desperately were the jesuites after this , bent to destroy this king , that * alexander hay ( a scottish jesuite of claremont , ) privy to castles villany , used to say , that if king henry the fourth should pass by their colledge ( the first there built for them ) he would willingly cast himself out of his window headlong upon him , so as he might break the kings neck , though thereby he brake his own . yet was he punished but with perpetual banishment . after which jesuitical conspiracies detected and prevented , notwithstanding this king henry ( before these two attempts to murder him ) had by their sollicitations , renounced the protestant religion , professed himself a zealous romanist , recalled the jesuites formerly banished for the murther of henry the third , against his parliaments and counsels advice , reversed all the decrees of parliament against them , razed the publick pillar set up in paris , as a lasting monument of their treasons and conspiracies ; built them a magnificent colledge in paris , indowed them with a very large revenue ; entertained pere cotten ( one of their society ) for his confessor ( who revealed all his secrets to the king of spain ; ) bequeathed a large legacy of plate and lands to their society by his will , and was extraordinary bountiful and favourable towards them ; yet these bloody ingrateful villains , animated that desperate wretch , * ravilliac , to stab him to death in the open street in paris , anno 1610. albigni the jesuite being privy to this murder , before it was perpetrated . yea , francis de verona in his apology for john castle , p. 258. thus predicted his second mortal stab , in these words , though this prince of orange scaped the first blow , given him in his cheek , yet the next hit , whereof this was a presage ; as the blow given by castle shall be the fore-rvnner of another blow . such implacable regicides are the jesuites . 4. by their suborning , instigating sundry bloody instruments one after another , to murder ſ william prince of orange , prevented in their attempts by god's providence , till at last they procured one balthasar gerard to shoot him to death with a pistol , charged with three bullets , an. 1584. the jesuites promising him no less then heaven it self , and a canonization among the saints and martyrs , for this bloody treason , as they did to james clement before , for murdering the french king. and it is very remarkable , that after this murder of his , * thomas campanella ( a jesuited italian frier ) prescribed this as a principal means to the king of spain of reducing the netherlands under his monarchy again , to sow emulation and discords amongst their nobles , states , and to murder prince maurice his son and successor , which he expresseth in these direct termes . maxime opus est , ut serpens seditionis , comes scilicet mauritius interimatur ; non vero per bellum diuturnum , copia illi danda est , magis magisque succrescendi : which they * twice likwise attempted to affect ; an. 1594 , and 1598. no wonder that they so much endeavour by all means & instruments to suppress that noble family now , to whom the netherlands principally owe their infranchisement from the spanish yoak of bondage . 5. by t their poysoning stephen botzkay prince of transylvania , for opposing their bloody persecution . 6. by their manifold bloody plots and attempts from time to time , v to murder , depose , stab , poyson , destroy our famous protestant queen elizabeth , by open insurrections , rebellions , invasions , wars , raised against her both in england and ireland ; and by intestine clandestine conjurations ; from which gods ever-waking providence did preserve her . amongst other conspiracies , that of patrick cullen , an irish frier , ( hired by the jesuites and their agents to kill the queen ) is observable . x holt the jesuite , ( who perswaded him to undertake the murdering of her ) told him , that it was not onely lawful by the laws , but that he should merit gods favour , and heaven by it ; and thereupon gave him remission of all his sins , & the eucharist , to encourage him in this treason ; the chief ground whereof ( and of all their other treasons against this queen ) was thus openly expressed by iaquis francis , for cullens further encouragement ; that the realm of england , then was and would be so well setled , that unless mistras elizabeth ( so he termed his dread soveraign , though but a base landressson ; ) were suddenly taken away , all the devils in hell would not be able to prevail , to shake and overturn it . which then it seems they * principally endeavoured , and oft-times since attempted , and have now at last effected , by those who conceit they demerit the title of saints ( though not in a romish kalender ) and no less then heaven , for shaking , overturning , and making it no kingdom . 7. by their y conspiracy against king james , to dep●ive him of his right to the crown of england , imprison , or destroy his person : raise rebellion , alter religion , and subvert the stat● and government ; by vertue of pope clement the eighth his bull directed to henry garnet , superiour of the iesuites in england : whereby he commanded all the archpriests , priests , popish clergy , peers , nobles and catholicks of england , that after the death of queen elizabeth by the course of nature , or otherwise , whosoever shall lay claim or title to the crown of england , ( though never so directly or neerly interessed by descent ) should not be admitted unto the throne , unless he would first tolerate the rom●sh religion , and by his best endeavours promote the catholick cause ; unto which by his solemn and sacred oath he should religiously subscribe , after the death of that miserable woman ; ( as he stilled queen elizabeth . ) by vertue of which bull , the jesuites , after her decease , disswaded the romish-minded subjects , from yielding in any wise obedience to king james , as their soveraign ; and entr●d into a treasonable conspiracy with the lord cobham , lord gray , and others , against him , to imprison him for the ends aforesaid ; or destroy him : pretending that king iames was no king at all before his coronation ; and that therefore they might by force of arms , lawfully surprise his person , and prince henry his son , and imprison them in the tower of london , or dover-castle , till they inforced them by duress , to grant a free toleration of their catholick religion , to remove some evil counsellors from about them , and to grant them a free pardon for this violence ; or else they would put some further project in execution against them , to their destruction . but this conspiricy being discovered , the traytors were apprehended , arraighned , condemned , and watson and clerk ( two jesuited priests who had drawn them into this conspiracy , upon the aforesaid pretext ) with some others , executed as traytors ; z all the iudges of england resolving , that king iames being right heir to the crown by descent , was immediately upon the death of queen elizabeth , actually possessed of the crown , and lawful king of england , before any proclamat●on or coronation of him , which are but ceremonies , ( as was formerly adjudged in the case of * queen mary , and queed iane , 1 mariae ) there being no interregnum by the law of england , as is adjudged , declared by act of parliament , 1 iac. c. 1. worthy serious perusal . 8. their a horrid gun-powder treason plot ; contrived , fomented , by garnet ( superiour of the english jesuites ) gerard , tensmod and other jesuites ; who by their apostolical power , did not onely commend , but absolve from all sin the other jesuited popish conspirators , and faux the sculdier , who were their instruments to effect it . yea , the jesuitical priests were so atheistical , as that they usually concluded their masses with prayers , for the good success of this hellish plot , which was , suddenly , with no less then 36 barrels of gunpowder , placed in a secret vault under the house of lords , to have blown up and destroyed at once , king james himself , the queen , prince , lords spirituall and temporal , with the commons assembled together in the upper-house of parliament , upon the 5 of november , anno dom. 1605. and then forcibly to have seised with armed men prepared for that purpose , the persons of our late beheaded king , then dake of york , and of the lady elizabeth his sister ( if absent from the parliament , and not there destroyed with the rest ) that so there might be none of the royal line left to inherit the crown of england , scotland and ireland ; to the utter overthrow and subversion of the whole royal family , parliament , state and government of this realm . which unparallel'd , inhumane , bloody plot , being miraculously discovered , prevented , the very day before its execution , in perpetual detestation of it , and of the jesuites and their traiterous romish religion , ( which both contrived and approved it ) the 5 day of november , by the statute of 3 jacobi , ch . 1. was enacted to be had in perpetual remembrance , that all ages to come , might thereon meet together publickly throughout the whole nation , to render publick praises unto god , for preventing this infernal jesuitical design , and keep in memory this joyful day of deliverance ; for which end , special forms of publick prayers and thankesgivings were then appointed , and that day ever since more or less annually observed , till this present . and it is worthy special observation , that had this plot taken effect , b it was agreed by the jesuites and popish conspirators before-hand , that the imputation of this treason should be cast upon the puritans , to make them more odious : as now they father all the powder-plots of this kinde , which they have not onely laid , but fully accomplished of late yeers against the king , prince , royal posterity , the lords and commons house , our old english parliaments and government , upon those independents , and anabaptistical sword-men , ( whom they now repute and stile , * the most reformed puritans , ) who were in truth , but their meer under instruments to effect them ; when as they c originally laid the plots ; as is clear by campanella's book , de monarchia hisp . ch . 25. and cardinal richelieu his instructions at his death , to the king of france . and it is very observable , that as courtney the jesuite , rector of the english jesuites colledge at rome did in the year 1641. ( when the name of independents , was scarce heard of in england ) openly affirm to some english gentlemen , and a reverend minister ( of late in cornwal ) from whom i had this relation , then and there feasted by the english jesuites in their colledge , that now at last , after all their former plots had miscarried , they had found out a sure way to subvert and ruine the church of england ( which was most formidable to them of all others ) by the independents ; who immediately after ( by the jesuites clandestine assistance ) infinitely encreased , supplanted the presbyterians by degrees , got the whole power of the army , ( and by it , of the kingdom ) into their hands , & then subverted both the presbyterian government and church of england in a great measure , with the parliament , king and his posterity ; as * monsieur militiere a jesuited french-papist observes . so some independent ministers , sectaries and anabaptists , ever since 1648. have neglected the observation of the fifth of november , ( as i am credibly informed ) and refused to render publick thanks to god for the deliverance thereon , contrary to the act , for this very reason , which some of them have rendered ; that they would not mock god in publick by praising him for delivering the late king , royal posterity , and house of lords from destruction then , by jesuites and papists , when as themselves have since destroyed and subverted them through gods providence ; and repute it a special mercy and deliverance to the nation from tyranny and bondage , for * which they have cause to bless the lord : performing that for the jesuites and powder-traytors , which themselves could not effect . the lord give them grace and hearts to consider , how much they acted the jesuites , and promoted their very worst designes against us therein ; what * infamy and scandal they have thereby drawn upon all zealous professors of our protestant religion , and * what will they do in the end thereof ? 9. ( to omit all other forraign instances cited in speculum jesuiticum , p. 124 , to 130. where you may peruse them at leisure ) by d their poysoning king iames himself in conclusion , as some of them have boasted . 10. by the popes nuntio's , and a conclave of jesuites conspiracy at london , anno 1640. * to poyson our late king charles himself , ( as they had poysoned his father ) with a poysoned indian nut , kept by the jesuites , and shewed often by conne the popes nuntio to the discoverer of that plot ; or else , to destroy him by the scotish wars and troubles , ( raised for that very end by the jesuites , ) in case he refused to grant them a universal liberty of exercising their popish religion throughout his realms and dominions : and then to train up his son under them , in the popish religion ; to which not onely heretofore , but now likewise they strenuously endeavour by all possible means to seduce him ; as appears more especially by monsieur militiere his c late book dedicated to him for that purpose , to invite him to the roman catholick faith. surely all these premised instances compared together , and with that memorable passage of the english jesuite * campian , in his concertatio ecclesiae catholicae : ( or epistle to queen elizabeths councel . ) treviris 1583. p. 22. velim sciatis , quod ad societatem nostram attinet , omnes nos , qui per totum orbeni longe lateque diffusi sunt , quarum est continua successio , & magnus numerus , sanctum foedus infisse , nec quamdiu unus nostrum supererit , studium , & consilia nostra intermissuros , ad reges hereticos quovis modo tollendos ( as hospinian relates , and expounds his words and meaning ) & religionem vestram exting●ere . iampridem jacta est ratio , & inchoatum certamen nulla vis , nullus anglorum impetus superabit ; so as to hinder this their holy league and covenant long since entred into , to destroy , take out of the way , ruine all protestant kings throughout the world , under the notion of hereticks by any means whatsoever , ( and the protestant religion togetherwith them . ) with a * copy of a letter sent by an independent agent from paris , some few weeks before the kings removal from the isle of weight , by the army-officers , declaring the jesuites implacable enmity to the king , and to hereditary monarchy throughout the world. and an express sent from paris to the king himself , some three dayes before his seisure and translation from weight , to this effect , ( as i have heard from persons of honour ) that the jesuites at a general meeting in france , had resolved , by the power of their friends in england , to seise on his majesty , bring him to justice , and cut off his head , because he had , contrary to their expectation , closed with the parliament , consented to the abolishing of episcopacy , and ) to five new bills against jesuites , popish priests , mass , popery , and all popish ceremonies , in the last treaty ; and advising him , to prepare for this new storm , which within few days after fell upon him : will sufficiently inform the world , that the late unparallel'd capital proceedings against our protestant king , ( contrary to the votes of both houses of parliament ) the parliament members , peers house , and forced , dissolved late parliament too , * proceeded not from the principles of our reformed protestant religion , as this f monsieur in his printed pamphlet , would make his reader , the youg king ; to whom he dedicates it , and all the world believe ; but from the popes and jesuites forecited treasonable opinions , seconded with their clandestine sollicitations and practises : and that they , with some french cardinals , jesuites , as well as spanish and english , ( then present in england to promote their designes ) were the chief original contrivers , promoters of them , whoever were the immediate visible instruments , as i have g elsewhere more fully demonstrated , for the wiping off this scandal from our reformed religion , & the sincere professors of it , who both abominated and * protested against it in print . 〈◊〉 radolphus hospinian in his excellent historia jesuitica , l. 4. f. 244 , 245. reckons up these three prime causes of the jesuites regicides , & other notorious treasons . the first is , that blinde obedience , which they vow to their superiours , to execute with great celerity , spiritual joy , and perseverance , whatever their superiours shall enjoyne them , by being perswaded , that all their cemmands are iust to them ; by renouncing their own opinion and iudgement with a certain blinde obedience : and by believing , that those who live under obedience , are carried and governed by divine providence , ( a word now most in use with our army-saints , and souldiers , wholly infected with this jesuitical doctrine of * obedience ) by their superiors , whithersoever they shall suffer themselves to be carried , or in what sort soever they shall be dealt with by them , ( like a staffe in the hand of a man , which readily obeys him that holds it , wheresoever and in what thing soever he will please to use it , ) especially when backed with a pretext of necessity , religions safety , publick good , exemplary justice , and promoting the common cause for which their society was first instituted . 2. that they hold themselves obliged to no kings , princes , or civil magistrates by any oath of allegiance , but onely to the pope and their generals ; and therefore think themselves free and unable to commit any treason at all against them , although at the popes and ●heir superiours commands they still rise up against , murder , ●stroy them . 3. that they deem those kings , princes , which the pope and jesuites , or other learned men of their religion , or the common people shall deem hereticks , to be thereby wholly made uncapable of any empires , kingdoms , or principalities , or any other civil diguity ; yea , to be accursed tyrants , unworthy of the name of kings ; that thereby their subjects are totally absolved from the bond of allegiance to them ; and that thereupon it is lawful to kill and destroy them , and the murders of such are meritorious . now that these three jesuitical grounds and principles , ( infused into our army-officers and souldiers by the jesuites and their instruments of late yeers , against their primitive orthodox positions , protestations , declarations , oaths , covenants , engagements ) backed with secret avarice , ambition , and self-ends , were the principal impulsive causes of all the extravagant violent proceedings both against the late king , and parliament ( not the loyal principles of the protestant religion ) is apparent unto all the world , by the armies own declarations of nov. 16. and decemb. 7. 1648. their true state of the commonwealth of england , &c. 1654. and other pamphlets for their justification , which all true protestants blush at . 〈◊〉 3. that the jesuites ever since the establishment of their military order , under ignatius their martial general , have been the * principal firebrands , bellows , instruments of kindling , somenting , raising , continuing all the publick commotions , wars , seditions and bloody fewds that have happened in or between any kings , kingdoms , states , princes , soveraigns or subjects throughout the christians world ; and more particularly , of all the civil commotions , wars in france , germany , transylvania , bohemia , hungary , russia , poland , england , scotland and ireland , to the effusion of whole oceans of christian blood : which one poetically thus expresseth , h quicquid in orbe mali passim peccante gradido est , quicquid turbarum tempora nostra vident , cuncta sodalitio mentito nomine jesu accepta historiâ teste , referre licet . it● modò & vestrae celebrate encaenia sectae , militis inventum , loiolana cohors . yea , it is well worthy observation , what jacobus crucius , i a jesuite ( rector of the jesuites novices at landsberge ) presumed to publish , in his explication of the rules of the jesuites , anno 1584. in these words : the father of our society ought to be a souldier because , as it is the part of a sculdier , to rush upon the enemy with all his forces , and not to desist , till he become a conquerour ; so it is our duty to run violently upon all , who resist the pope of rome ; and to destroy and abolish them , not onely with counsels , writings , and words sed invocato etiam brachio seculari , igne & ferro tollere & abolere , sicut pontifer & nostra vota ; ; ( contra lutheranos suscepta ) volunt & mandant . but likewise by calling in to our assistance the secular arm ( of an army ) to take away , and destroy them with fire and sword , as the pope and our oathes ( taken against the protestants ) will and command . and may we not then safely conclude , they have been the original contrivers , fomenters , continuers of all our late intestine and forraign wars , by land and sea , with our christian protestant brethren and allyes , ( as k sundry parliament declarations of both houses aver and attest ? ) and that many of them have secretly crept into , and listed themselves souldiers in our armies , on purpose to put on foot their designs against our king , kingdoms , churches , religion , and perpetuate our civil wars ? and so much the rather , because , a alphonsus de vargas ( a spanish popish priest ) informs us : that the jesuites , being a generation of incendiaries , are so welpleased with the name of their founder ignatius , derived from fire , and signifying a caster about of wild-fire , or an incendiary that though his christned name at first was innicus , or inighistas ; ; yet iohannes eusebius nirenberger , a jesuite , in his book , de vita ignatii , printed at madrid , 1630. most falsly records , that his parents at his baptism , being in doubt what name to give him , thereupon the infant himself , with a loud voice , said , he would be named ignatius , to signifie what office he should obtain in the church and world , even to cast abroad fire in them , and set them all in a flame . hereupon his disciples the jesuites , considering that this their founder was by his name a firebrand , and a souldier by his profession , professed publikely to the king of spain , his councel and the world , that it was no less consonant to the mind , institution and statutes , then to the name of their warlike father ignatius , that they should not onely exercise , but publikely profess and teach to others , artem pyrotechnisam , &c. the art how to make and cast abroad fire-balls , fire-works and wild-fire , to fire and burn houses and cities : and likewise the art of warre , of setting armies in battel array , of assaulting cities , the maner of making gun-powder , bullets , fire-bals ; of casting guns , and the maner and wayes of making all other military works , engines , together with rules and precepts belonging to navigation , & omnia maritini belli munia : and all duties and incidents belonging to sea-fights . upon which they perswaded the king of spain ( notwithstanding the opposition of all the universit●es of spain against it ) to erect a publike university for their fiery martial order at madrid , and to endow it with an annual revenue of ten thousand crownes ; wherein they set up a publike lecture concerning war and all incidents appertaining thereunto ; with this printed title : acroasis , de re militari in qua pracipietur doctrina & forma militiae veteris & hodiernae , & species mathematum arti isti subordinatarum : quae sunt tactica , five de acie instruenda , topographica , machinaria militaris , organo poetica , pyrotechnica , ; &c. hanc acrosia faciet , p. hermannus hago ( a jesuit ) quarta pomeridiana usque ad quintam . this is the first publike military lecture i ever read of erected in any university amongst christians , and professors of the a gospel of peace ; who are expresly enjoyned by the b god of peace , and prince c of peace d to put up their swords into their scabberds , because all those that that the sword , shall perish with the sword . e to beat their swords into plow●shares , and their spears into pruning-hookes : not to lift up the sword against one another , neither to learne war any more . yet such bloody incendiaries and delighters in war are the jesuites , that they thus publikely teach others the art of war and fire-workes , to set the whole christian world in combustions and open warres against each other ; which they have everywhere accomplished , and that upon this accompt : that the gospel of jesus is principally to be taught and propagated by armed power , exercitu & armorum usu ; by an army and the use of armes ( whereby they now propagate it in our kingdomes the quite contrary way , to the ruine of our church and religion : ) whereupon f vargas passeth this just censure on them : hos velut ignigenos illis comici verbis recte quis a se amoliri , & in malam rem abire jusserit . apage illum a me ; nan ille quidem vulcani irati est filius . quaqua tangit , omne amburit ; si prope abstes , calefacit . and a german frier in his astrum inextinctum , gives this true character of them : discordias inter suprema reipublicae christianae capita seminare credimus esse veritati patrocinari ; quam salvam esse negant , quamdiu principes isti inter se non colliduntur hoc est flammas in europa suscitare , sicut gloriantur patrem societatis ignatium , esse illum , de quo christus dexerit , veni ignem mittere in terram , hoc est , classicum in aulis principum canere , & illos inter so committere . 4. that the g jesuites from the first erection of their military order , have conspired , attempted to subvert and utterly extirpate ( under the name of schismatickes , hereticks , gospellers , heresie , and the gospel ) all professors whatsoever of the protestant religion and their doctrines throughout the world , not onely by machivilian plots and treasons , but by war , fire , sword , holy leagues , armies & armed power , as is evident both by their bookes and practices . to instance in a few particulars both abroad and at home . franciscus veronas constantiensis , a jesuite , in his apology for john castle , anno 1595. part 5. c. 13. resolves , that all wars to extirpate heretickes ( protestants ) ar● lawfull , yea more lawfull then against all other infidels , because heresie according to gods word , is worse then all infidelity . and if war be just against heretickes , how much more just is it against the head of the heretickes ? and if it be just to extirpats hereticall kings out of all christian kingdomes ( which the jesuites entred into an holy league to effect , as you heard before out of campian ) how much more just is it in the most christian kingdom ( france ) to root out king henry the 4 ? ( whom they not onely warred against , but stabbed and murdered as aforesaid . ) h thuanus historiae , l. 65. p 238. and lib. 67. 299. records ; that it is the opinion and sentence of the jesuites , that it is a pious and wholsome thing , that all christians should lay violent hands upon sectaries and protestants , ought to be armed against them , and to make no peace , keep no faith nor truce with them ; yea , that it would be more profitable for the church , and more conducing to gods glory , for all christians to give over their warrs they wage against the turkes by common consent , and to let the turks alone , and to turn all their arms and forces against the evangelical sectaries ( or protestants ) which live amongst them , who are worser , and ought to be more odious to true christians then turkes and ; * utterly to destroy and persecute them to death , rather then to delete the unbelieving mahometans , who are not so dangerous as they . hoc quàm pie , et juxta mansuetudinem christianam dicatur , ipsi qui conscientias alioram moderantur , conscientiam suam rogant ; subjoynes thuanus , though a papist . and joannis paulus windeck , in his book de extirpandis haeres . antid . 10. p. 404. 412. antid . 11. p. 480. and p. 244. positively determines , that the lutheranes and calvinists are to be persecuted with warrs , and not onely to be terrified , but likewise deleted , cut off , taken out of the way , and utterly extirpated with arms and flames . that all catholike princes ought to enter into holy leagues , associations & confederacies , to destroy and root them out , as they did in france , anno 1587. that the oportunity is not to be neglected , namely , quando protestantes pecuniis exhausti sunt ; when the protestants purses and money are exhausted ( as they are now amongst us by excessive endless taxes , excises , civil wars , and a perpetual army too much swayed by jesuitical counsels , to eat us out , and ruine us with our religion in conclusion , ere disbanded . ) and that the catholickes may more easily oppress and destroy these sectaries , they are to be severed one from , and divided against each other , by sundry various arts and means , and all occasions laid hold on for this purpose . ( and are we not so now in all our realmes and dominions more then ever , by the jesuites and romish emissaries ? ) which the emperor charles the 5 observed ( in his proceedings against the protestants in germany ) to his great advantage . in pursuance of these jesuitical i positions , anno 1576. and 1577. the king of spain , duke of guise , with sundry others , jesuited popish princes , nobles and papists of all degrees , by the jesuites instigation , and popes speciall approbation , entred into a bloody conspiracy , or holy league , as they term it : to restore and retain the most holy worship of god , according to the form and maner of the holy catholike apostolike church of rome : to abjure all errors or corruptions contrary thereunto , &c. to spend not onely all their estates , but lives , to repeal all publique edicts in favor of the protestants and their associates ; to extirpate all heresies , heretickes , and pursue all such as publike enemies , with fire and sword to death , who should any way oppose or withstand this league , or refuse to joyne with them in it , or fall off from it upon any pretext , after this oath to observe it . which league they several times renewed : and in the k renovation thereof anno 1598. the jesuits openly boasted , that they would use their utmost endeavours , that before the year 1600. began , evangelium ( so they termed the protestant religion ) radicitus ex orbs toto extirpetur ; should be clean extirpated out of the whole world . the massacres , slaughters of how many thousand protestants by open intestine wars and bloody conspiracies , this league occasioned in france , germany and the netherlands , together with the murders of two french roman catholike kings , the l french and belgick histories of those times , will sufficiently inform the reader . m in the year 1602. the jesuites erected a new colledge and society at thonon in savoy , to convert or utterly extirpate the protestants , under the notion of heretickes . 1. by preachings . 2. by pious frauds . 3. by vi armata : by force of armes : to which new society , many popish kings , nobles and others , gave their names ; and in june that yeare listed above 25000 expert soldiers , all roman catholickes , to put this their designe against the protestants in execution upon the next oportunity : there being above 50 jesuites disguised in lay-mens habits imployed in england , to stir up the papists and people there to joyn with them in this new association , to root out the protestants in all places by the sword , the principal engine used by these ignatians to effect it . to pass by n all the conspiracies and attempts of the jesuites in queen elizabeths reigne , to extirpate our religion and the professors of it by open wars , rebellions , spanish and forraign invasions both in england , ireland and scotland , recorded by mr. cambden , speed and others in her life , and william watson in his quodlibets ; with their attempts of like nature in the beginning of king james his raign , recited in the statutes of 3. jacobi , c. 2. where all may peruse them : i shall onely acquaint you ; that a little before the beginning of our late bloody wars , divisions , ( contrived , fomented by the jesuites and papists , as i o have elsewhere at large , discovered , and p many parliament-declarations attest ) one francis smith an english jesuite , openly affirmed to mr. waddesworth and mr. yaxly , that it was not now a time to bring their religion by disputing or books of controversie , but it must be done by an army , and by the sword. and it is very considerable , that when the jesuites spanish and romish agents had engaged the king and english protestants against their protestant brethren of scotland , 1639. to cut one anothers throats ; the king of spain had provided a great new spanish armado by the jesuites sollicitation , and a great land-army of old spanish soldiers to invade the western and southern parts of england , then destitute of all forces , arms & ammunition to defend it , all drawn to the northern parts against the scots ; and to joyn with the popish confederates here , to extirpate the english he retickes and protestants : which designe of theirs , through the hollanders unexpected encounter , which scattered their fleet upon the english coasts , and the pacification with the scots , before any engagement of both armies , was happily prevented . that this spanish fleet was then especially designed for england , appeares ( besides other evidences , which i have q elsewhere touched ) by the confession of an english pilot in that navy upon his death-bed , mortally wounded in the first fight , to an english minister and others , to whom he revealed it out of conscience ; by some letters i have met with ; and by a pamphlet made and printed by the jesuites , anno 1640. intituled r the jubilee of the jesuites , taken from a papist at redriffe , and presented by sheriffe warner to the whole commons house , november 14. 1640. wherein among other passages then read in the house , ( entred in the journal of that day , out of which i transcribed them : ) there was a particular prayer , for the holy martyrs that suffered in the fleet sent against the hereticks of england , 1639. with this advice ; that the papists must fish in troubled waters , ( to wit , whiles that the king was ingaged in the wars against the scots : ) with * certain prayers added , for their good success in that designe against the scots . for the more effectuall carrying on whereof , the popes nuncio , with the s colledge of jesuites then in queen-street , secretly summoned a kind of parliament of roman catholicks and jesuites in london , out of every county of england and wales , in which conne the popes nuncio sate president , by the queens commission and direction , in april , 1639. who granted and collected an extraordinary large contribution , by way of subsidy , from the papists , to carry on this war against our protestant brethren of scotland , and raise forces to joyne with the spainards , whom they then expected , to cut the english protestants throats . the jesuitical and prelatical popish party much displeased with the defeat of this their plot , by the unexpected pacification with the scots , 1639. induced the king soon after to break and revoke it , t anno 1640. ( the very year of the * jesuites jubilee , which they solemnized in all places , being the 100. yeer from the first erection of their order by ignatius , anno 1540. ) they caused a new army to be raised and sent into the north against the protestants of scotland , to subdue & destroy them . at the same time they secretly u listed an army of no less then 7000. romish catholickes , kept in private pay , of purpose to cut the protestants throats who should resist them , and to conquer the protestants in england first , and then in ireland ; which designe they were to put in execution , when the pope or his legat , with the spanish , french and venetian ambassadours should appoint ; who designed them to begin to execute it , when the king went into scotland against the scots ; as o conner ( the queen-mothers priest ) confessed to anne hussey , who justified it to the lords of the councel then , and afterwards , before the lords in parliament upon her oath . the jesuites were so confident of the good success of their designes amongst us , and compleat victory over all the protestants throughout the world this yeare of their jubilee ( making * triumph over their enemies , one of their notes of the true church ) that x they appointed a solemne enterlude to be acted by their society in the publique hall at aquisgran in germany , in honour of their jubilee : wherein they signified to the people , by printed tickets and pageants , that the popish church of rome should be brought in upon the stage , happily fighting against , triumphing and reigning over all her enemies every where throughout the world , in all ages till that present day , and especially of later times , by their meanes . the beginning of this enterlude being happily acted , and succeeding according to their mindes ; at last there were two armies of soldiers brought by them upon the stage , ready to encounter each other : the one of jesuites and papists , fighting for the church of rome ; the other , representing the protestants warring against her . before their fight , a jesuitical actor , clad in black , personating a popish masse-priest , divineth good success to the popish army , praying for it with an affected devotion and solemne invocation ( or rather profanation ) of gods name : after which , the popish army of actors , as being certain of the instant victory , uttered these words to their captain ( as their parts directed them ) with a loud reiterated voyce and shout ; pereat , pereat , quisquis est hostis ecclesiae : let him perish , let him perish , whoever is an enemy of the church : whereupon a great part of the stage on which they acted , together with the whole popish army ( not one souldier or captain excepted ) at the repeating of these words and wishes , fell to the ground immediately , with so great celerity , that many of them felt they were fallen down , before they discerned themselves to fall ; their feigned enemies of the church ( representing the protestants ) standing all fast , at least in place , if not in mind , on the other part of the stage , which fell not at all . with this sudden fall , many of the popish army were bruised in peeces with the beames of the stage falling upon them ; who through pain and horror , needed monitors to silence their outcries ; others having their bones broken and limbes put out of joynt , were carried to the chirugions to be dressed ; and all the rest confounded with shame , crept away secretly under the veile to their lodging . and so this jesuitical enterlude , by divine justice , ended in a real unexpected bloody tragedy and real rout of the whole pretended victorious popish army of jesuites ; and the scotish wars that yeer ( which they so much depended on ) through gods mercy , concluded in a blessed peace and union between both nations . whereupon , the y irish popish rebels , by the jesuites plots and instigations , seconded with secret encouragements , and promises of assistance with arms and moneys from cardinal richliou , the king of spain , pope , and other forraign popish princes , undertook the late horrid bloody massacre of all the protestants in ireland , and surprisal of all the forts , castles , arms and ammunition therein , on the 23 of october , 1641. z being ignatius day , the founder and new canonized saint of the jesuited society , for the greater honour of their patron , order ; they being the chief plotters of this horrid bloody treason . which horrid conspiracie , though happily discovered the night before its execution , at dublin , and some few places else ; yet it took effect in most other parts of ireland , to the slaughter of neer two hundred thousand protestants there , in few months space ; seconded with a bloody warre , for sundry years ; to the losse of many thousands more lives . to this plot * all the papists in england were privy , who intended the like massacre in england ; and soon after by the popes and * jesuits instigations , by the assistance of sorragin popish princes , they eugaged the king and parliament in a long-lasting bloody uncivill , unchristian war against each other , concluding in the kings and parliaments joynt ruines by an army raised for their mutual defence , seduced thereunto through the jesuits instigations and policies . after which , they engaged the protestants of england and scotland ( formerly united by the strictest b●nds and covenants against them ) to war upon , invade and destroy each other by land ; and soon after that ( by the spanish * agents assistance ) raised a most dangerous bloody warre between our protestant old allies of the neitherlands and the english by sea ; to the infinite dammage , prejudice of both , and the effusions of whole oceans of the gallantest christian protestant blood , that ever yet was shed , the expence of more treasure and men in these intest●●e wars , than would have conquered all spain , italy , and the indies , had they been imployed upon such a designe ; and to the entailing of a * perpetuall army on us and our posterities ; more ready ( as we have of late years found by sad experiments ) to hearken to the jesuits clandestine suggestions , ●eductions , and execute their fore-plotted designes to ruine our kingdomes , parliaments , laws , liberties , monarchy , church , religion , then to follow the advice , votes councels , directions , commands of our parliaments , kingdomes , and the best affected protestants of all ranks who first raised , and have so long maintained them , for quite other ends ( hereafter touched ) then what they ( of late times ) have most pursued , to the popes and jesuits great content . 5. that the jesuits have endeavoured , attempted the convulsion , concussion , subversion not onely of the empires , realms , and ancient setled governments and states of germany , russia , bohemia , hungaria , france , poland , but likewise of england , scotland and ireland , and to new model them into * other forms of government . what mould of government they intended to cast england into , is thus long since described by william watson ( a secular priest ) in his quodlibets , anno 1602. page 309 , 310 , 330 , 331. england is the main chance of christendome at this present , by seditions , factions , tampering and aspiring heads : the onely but , mark , white , the jesuits aym at , as well in intention as execution of their pretended expedition , exploit and action . i am of opinion , that no man on earth can tell what government it is they intend to establish , ratifie and confirm , when they come to their preconceited monarchy ; no not any of their plot casters . no question it is , but their government shall be as uncertain as their new conceited monarchy ; their monarchy as mutable as their reign , and their reign as variable as the winde , or proteus in his complements . but no question is to be made of it , but that the government they do directly intend at this present is , a most absolute soveraignty , dominion and state , clearly exempted from any subordination , to any law or legifer divine or humane ; and therefore it is rightly called despoticon in the highest degree of exemplary immuni●le , * imperiality and absolute reign , rule and authority , as containing in it three sorts of government ; s●il . monarchical , aristocraticall , democraticall , in matters of counsell and mannaging of common wealths causes ; not in point of regality , honour and inheritance ; for there shall be neither title , nor name , nor honour given , taken or done to any prince , duke , marquesse , earl , viscount , lord , baron , or the like , ( all the jesuitical governours being puritan like , seniours , elders , provincials , &c. ) neither shall there be any successions by birth or blood , to any honour , office or magistracy from the monarch , pater general , to the minor , p●ter minister , but all shall go by * election or choice . whether our late and present variable floating new moulded governments have not been cast by this long since predicted jesuiticall mould , let wise men , with all our late , yea present governours , now sadly consider and determine . 6. that the * jesuits in a publique disputation held at madrid , published by them under this title ; conclusiones politicae sub regis domini nostri praesidio , instructed the king of spain ( their chief protector , * whom they most extoll above all other kings , to promote both his universall monarchy and their own thereby . ) that in relation to his empire , power was necessary , which power they defined to be ; a faculty , not onely of retaining the kingdomes he already possessed , but likewise of acquiring other mens . perswading him by this doctrine to believe : that he was therefore consecrated a catholike king by god , that he might enjoy a faculty , not onely of keeping his own , but also of invading and seising upon other mens dominions . for to retain ones own , was the praise onely of a private family : de alienis certare regia laus est : but it was a royall praise to fight for that which is other mens : nec regnandi causa jus violare crimen est , dum caeteris rebus pietas colatur : neither is it a crime to violate law or right , to reign or gain a crown , whiles that piety in other things shall be observed . which jesuitical machivilian unrighteous doctrine , though ( as alphonsus vargas , a spanish popish priest resolves ) it be diametrically contrary to the doctrine of our lord jesus himself , instructing men , that * aliena obtinere non potentis principis , sed impotentis ac violenti praedonis est : yet the jesuites and their instruments of late years have sufficiently propagated it amongst our english grandees and army-saints ; for a most sacred oracle , as their violent invasions of other mens realms , powers , offices , pallaces , lands , estates , and possessions of all kindes , by meer armed power and might , demonstrate beyond contradiction . 7. that the * jesuites in their book , de zelo s. ignatii in religione sua instituenda , printed at madrid , p. 13 , do glory ; hoc societatis proprium esse , ut quotidie nov●● promat inventiones quibus homines ad deum perducantur : that this is the property of their society , that it daily brings forth new inventions , whereby men may be brought home to god ( that is , to their religion and society ) the principle whereof they , and vargas record , to be these . their perswading of men to embrace the gospel , by an army ; the use of armes , power , terrour , fire : their exercise of merchandize ( which many of them in most places & in * england too , now use , they being very great merchants , factors , and returners of moneys by bils of exchange ) and of all other secular imployments , callings , in lay-mens habits , the more easily to insinuate themselves into all countries , places , companies and societies of men to infect , seduce , and discover their secrets , according to this their received maxime ; jesuita est omnis homo : a jesuit is every man : that is , a man of all professions , callings , sects , religions to effect his ends : their questioning , traducing , oppugning , censuring of all the articles of the apostles creed , and received principles , doctrines of christian religion ; corrupting , slighting , falsifying the scriptures themselves , together with councils , fathers , schoolmen , and all other divines ; but those onely of their own order , which they incomparably extoll above and prefer before all other : their venting of new opinions , notions , revelations , expos●●ions , crochets , herefies , problems , both in divinity itself , and all other arts and sciences in the presse , pulpit , universities , schools . and if these ( as vargas assures us ) be their properties and new inventions to propagate the gospel , and draw men unto god ( which our lord jesus himself and his true disciples were wholy ignorant of ) may we not certainly conclude , that they have of late years been extraordinary busie at this their harvest work amongst us , and more especially in spreading their gospel by an army , and taking upon them the use of arms , in 〈◊〉 of their military father ignatius , with all other secular imployments , and new sects to draw proselites and new separate congregations to them , throughout our realms , to destroy both our church discipline and religion , as well as our civill government and laws ? 8. that as the whole house of commons in their * remonstrance of 15. december 1641. charge the jesuites , and late jesuited court-counsellors , with a malignant and pernicious designe , of subverting the fundamental laws and principles of government upon which the religion and justice of the kingdome are firmly established . so william watson a secular priest , chargeth father parsons , the english jesuite , and his jesuited companions , in their memorial for reformation of england , when it should be reduced under the power of the jesuites ( as parsons was confident it would be , though he should not live to see it ) written at sevil in spain , anno dom. 1590. that they intended to have magna charta , with our common fundamental laws and liberties , abrogated and suppressed : thus expressed by william watson in his quodlibets , pag. 92 , 94 , 95. father parsons and the jesuites in their deep jesuitical court of parliament , begun at styx in phlegeton , have compiled their acts in a compleat volume , intituled : the * high covrt of reformation for england . and to give you a taste of their intent by that base court of a tribe of traitors sawcily ( like to gade , jack straw , and tom tiler ) vsvrping the avthority of both states , ecclesiastical and temporall in all their rebelliovs enterprices : these were principall points discussed , set down , and so decreed by them , &c. he first mentions three of them relating to * church-men , scholars , and church and colledge-lands : which were to be put in fee off●●s hands , and they all to be reduced unto arbitrary pensions , &c. and then proceeds thus to the fourth . the fourth statute was there made concerning the common laws of this land ; and that consisted of this one principal point , that , all the great charters of england must be burnt ; the manner of holding lands in fee simple , fee tail ; kings service , soccage or villanage , brought into villany , scogg●●y and popularity ; and in few , the common law must be wholy annihillated , abolished , and troden down under foot , and caesars civill imperials brought amongst us , and sway for a time in their places . all whatsoever england yeelds , being but base , barbarous , and void of all sence , knowledge , or discretion shewed in the first founders , and legifers ; and on the other side , all whatsoever is or shal be brought in by these out-casts of moses , stain of solon , and refuse of lycurgus , must be reputed for metaphysical , seme-divine , and of more excellency than the other were . which he thus seconds , quodlibet 9. article 2. p. 286. first , it is plain , that father parsons and his company ( divide it amongst them how they list ) have laid a plot , as being most consonant and fitting for their other designments , that the common laws of the realm of england must be ( forsooth ) either abolished utterly : or else , bear no greater sway in the realm than the civil law doth . and the * chief reason is , for that the state of the crown and kingdome by the common laws is so strongly settled , as whilest they continue , the jesuites see not how they can work their wills . and on the other side , in the civil laws , they think they have some shreds , whereby they may patch a cloak together to cover a bloody shew of their treasons for the present , from the eys of the vulgar people . secondly , the said good father hath set down a course how every man may shake off all authority at their pleasures , as if he would become a new anabaptist , or king john of leydon , to draw all the world into mutiny , ●ebellion and combustion . and the stratagem is , how the * common people may be inveigled & seduced to conceit to themselves such a liberty or prerogative , as that it may be lawfull for them , when they think meet , to place and displace kings and princes , as men do their tenants at will , hirelings or ordinary servants . which anabaptistical and abominable doctrine , proceeding from a turbul●nt tribe of traiterous puritan●s , and other hereticks , this treacherous jesuite would now foist into the catholick church , as a ground of his corrupt divinity . and p. 330 , 332. he intends to alter and change all laws , customs , and orders of this noble isle . he hath prejudiced the law of property , in instituting government , governours , and hereditary princes to be , beneplacitvm popvli , and all other private possessions , ad bene-placitum sui &c whether any such new deep jesuitical court of parliament , and high court of reformation for england , to carry on this old design of the jesuites against our laws , hath been of late years sitting amongst us in or neer westminster , or elswhere , in secret counsel every week , as divers intelligent protestants have informed me , and * hugh peters reported to divers on his own knowledge ( being well acquainted with their persons and practises of late years ) it concerns others neerer to them , and more able then i to examine . sure i am , a greater man by far then hugh peters , in an assembly of divines and others , for reconciling all dissenting parties , not long since * averred to them on his own knowledge : that during our late innovations , distractions , subversions in church , state , and overturning of laws and government , the common adversary hath taken many advantages , to effect his designes thereby in civill and spiritual respects . that he knew very well , that emissaries of the jesuites * never came over in those swarms , as they have done , since these things were on foot . that divers gentlemne can bear witnes with him , that they had a consistory and councel abroad , that * rules all the affairs of the things in england . that they had fixed in england , in the limits of most cathedrals ( of which he was able to produce the particular instrument ) an episcopal power , with archdeacons and other persons , to pervert , seduce , and deceive the people : and all this , whiles we were in this sad and deplorable distracted condition . yea , most certain it is , that many hundreds ( if not some thousands ) of them , within these few years , have been sent over from forraign seminaries into england under the disguises of * converted jews , physitians , chyrurgions , mechanicks of all sorts , merchants , factors , travellers , souldiers , and some of them particularly into the army ; as appears by the late printed examination of ramsey the anabaptized , new-dipped jesuite , under the mask of a jewish convert , taken at new castle in june 1653. and by sundry severall late instances i could name . to pretermit all instances of diverse particular jesuites come over into england , not only within these few years but moneths , discovered by persons of credit ; with sir kenelm digby ; who though the son of one of the executed old popish gunpowder traitors ; a dangerous active seducing jesuited papist , if not a professed jesuit ; * who in the years 1638 and 1639. conspired with the popes nuncio and a conclave of jesuites sitting in council at london , to subvert our religion , introduce a universall tolleration of the popish religion in our kingomes , new modle and shake our former established government , and to poyson , destroy the late king himself , in case he consented not to them therein : and for this very purpose , both plotted , raised , promoted the first wars between the protestants of england and scotland , * which he abetted all he could , by his letters and secret collections of moneys from all the papists throughout england and elswhere , who largly contributed to this war and designe : for which he , sir john winter , master mountague and others ( who had a hand in this conspiracy ) were convented and brought upon their knees at the commons house-bar , jan. 28. 1640. upon which he retyring into france was about may 1645. sent as a speciall embassadour from the queen to the pope of rome himself , to solicit him for ayds of monies , men , arms , against the parliament ; is first audience , he had the best reception ; and fairest promises of aid in general that could be wished ; writing hopefully of supplies of moneys from rome to the queen and others , as both houses of parliament in their c declaration and letters , ( published 26 march 1646. ) proclaim to all the world ) and likewise good hopes of d a cardinals cap for himself , or the lord aubeny , or mr. mountagne , for which he and the queen sollicited . after that , upon his return from rome , he was sent over into england about decemb. 1648. as e a fit instrument to new-moddle us into a commonwealth , and promote the violent proceedings of the army officers and their confederates ( set on work by the jesuits and their agents , ) against the late king , parliament , members : where , upon his arrival , he was , instead of being apprehended and brought to justice for the premises , hugged by some grandees whom he courted , permitted to ride and walk about at large , while the members were under strict guards and restraints ; frequently repaired to whitehall , where he was well received ; his sequestration totally taken off , without any fees or gratification , by special order ; and himself now at last permitted to lodge not only in wildemans house , ( where the queens capuchins formerly resided ) but sometimes in whitehall it self ; to the admiration of many understanding protestants , who justly suspect , he hath there more disguised iesuits to consult with , and promote both their old and new designs against our church , state , religion , laws , liberties , till they have brought them and us to utter ruine . i shall for brevity sake acquaint you with one memorable general instance , discovering what swarms of jesuites are now amongst us , under other visors . an english protestant nobleman ( a person of honor ) whose ancestors were papists , being courteously entertained within these two years at rome by some eminent iesuits , in their chief colledge there , was brought by them into a gallery having chambers round about it , with titles over every door for several kingdoms , and amongst the rest , one for england . upon which , he enquiring of the iesuits , what these titles signified ; was answered by them , that they were the chambers of the provincial iesuits , of each kingdom and province ( written ever the respective doors ) wherein they had any members of their society now residing , who received all letters of intelligence from their agents in those places every week , and gave account of the to the general of their order . that the provincial for england , lodged in the chamber over which the title england was written , who could shew him the last news from england : which he desiring to see , they thereupon knocked at the door , which was presently opened : the provincial being informed who & what the lord was , read the last news from england to them . hereupon the nobleman demanded of them . whether any of their society were now in england ? & how they could stay with safety , or support themselves there , seeing most of the english nobility , gentry , and families that were papists , were ruined in their estates , or sequestred by the late wars & troubles , so as they could neither harbour , conceal nor maintain them , as they had done heretofore ? they answered , it was true ; but the greater the dangers and difficulties of those of their society now in england were , the greater was their merit . and that they had then above fiftéen hundred of their society in england , able to work in several professions & trades , which they had there taken upon them , the better to support & secure themselves from being discovered ; ( who , together with some popish priests and friers no doubt , upon diligent inquiry will appear to be the * chiefest speakers , quakers , disputers , seducers , rulers in most separate congregations , and the principle brochers of all new opinions , blasphemies , now abounding amongst us . ) this relation i have heard from the mouth of a reverend divine more than once ; to whom this noble lord , upo his return into england not many months since , seriously related the premises , averring the truth of them upon his honour . yet for all this , since the stupendious pretended repeals and annihilations of the oaths of supremacy and allegiance , & that of abjuration of popery ( consented to by the late king in the isle of wight ) purposely made for the better detection and prevention of iesuites , and their treasonable forementioned practises against our church , kingdoms , princes , religion , parliaments , and government , by the wisdom and zeal of our best affected vigilant * protestant parliaments ; i can neither hear nor read of any effectual means , endeavoured or prescribed by any in power , for the discovery of these romish ianizaries , or banishing , feretting , and keeping them out of england , where they have wrought so much mischief of late years , and whose utter ruine they attempt : nor any incouragement at all given to the discoverers of their plots and persons ; but many affronts and discouragements put upon them , and particularly on my self , lately mewed up close prisoner , under strictest guards in remotest castles , near three years space ( without * any accusation , hearing or particular cause yet assigned or disclosed to me , though oft then and since demanded by me from my imprisoners ) whiles they all walked abroad at large , of purpose to hinder me from any discoveries of their practises by my pen , where as they printed , vended publickly here in england above 30000 popish books of several kinds during my imprisonment , without the least restraint , to oppugne our protestant established religion ( as * many of them do in terminis as most damnable heresie ) propagate the jesuites plots , and antichristian romish church and religion amongst us , as you may read at large in the stationers beacon fired ; which seasonable book , and discovery of these romish emissaries books and plots , some * officers of the army , in their beacon quenched , publickly traduced in print , as a new-powder-treason of the presbyterian party , to blow up the army , and that pretended parliament ( of their own erection ) which themselves soon after blew up and dissolved in good earnest , pleading for a free toleration of such popish books , and all religions , as agreeable to the armies engagements and principles , to carry on their designs against our religion and laws . but most certain it is ; there hath been of late years not only a general councel of officers of the army sitting many moneths together in councel , to * alter and new model all our ancient laws and statutes , in pursuance of father parson's design ; but likewise two conventicles of their own selection and election , sitting of late in the parliament house at westminster , assuming to themselves the name , and far more than the power , of the parliament of the commonwealth of england ; together with the transcendent ambitious title of the supream authority of the nation , ( in derogation of the army officers supremacy , who sufficiently chastised them for this strange usurpation ) who have made it their chief businesse , not only to new-model our ancient fundamental government , parliaments , ministry , ministers maintenance , by glebes , tithes , and our universities , much according to parsons and his fellow jesuites forementioned plat-formes , and thomas campanella his instructions to the king of spain , de monarchia hisp. c. 25. but likewise to new-mould , subvert , eradicate the whole body of our * municipal laws , and with them the great charter of our liberties it self . and in their last cas●iered , unelected convention , ( as some of their companions , now in greatest power assure us , in their ſ true state of the case of the commonwealth of england , &c. london , 1654. p. 5 , 16 , 17 , 18. ) there was a strong prevailing party whom nothing would satisfie , but a total eradication of the whole body of the good old laws of england ( the guardians of our lives and fortunes ) to the utter subversion of civil right and propriety ; who likewise took upon them ( by vertue of a supposed right of saintship in themselves ) to lay the foundation of a new platform , which was to go under the name of a fift monarchy ▪ never to have an end , but to * war withall other powers and break them to pieces , baptizing all their proselites into this principle and perswasion ; that the powers formerly in being , were branches of the t fourth monarchy ( of england , scotland ; and ireland ) which must be rooted up and destroyed . and what other fifth monarchy this could be , but that projected universal monarchy of the iesuites , which would bring the whole monarchy of great britain and ireland , together with france , spain , and all other princes , states in christendome under the ●esuites subjection , and break all other powers in pieces ; ( mentioned by watson , in his quodlibets p. 306 , to 333. and alphonsus de vargas , relatio de stratagematis & sophismatis politicis societatis iesu , ad monarchiam orbis terrarum sibi conficiendam c. 8. &c. ) or else , that elective new monarchy of great britain and ireland , projected by v campanella and cardinal richelieu , which some grandees now endeavour by their instrument to erect and perpetuate for ever x without alteration in themselves and their successors , ( though they thus expresly brand it in others ; ) let themselves , and wise men resolve ? it being apparent , by the practises and proceedings of all the propugners of this new project , that this fifth monarchy they intend to erect , is neither the spiritual * kingdom of iesus christ in their own hearts , mortifying their ambitiō , covetousness , pride , self-seeking , unrighteousness , violence , rapines , & other worldly lusts ; nor the personal reign of christ himself alone , in and over our 3 kingdoms , and all other nations for ever , * depriving all temporal kings and princes of their crowns , rights , and government over their subjects ; which they falsly endeavour to evince from dan. 2. 44 , 45 , c. 7. 14 , 27. micah 4. 1 , 2 , 7. luke 1. 32 , 33. rev. 20. 1. to 8. 1 cor. 15. 24 , 25. heb. 12. 26 , 27 , 28. but a meer supream , arbitrary , temporal authority without bounds or limits , encroached by and erected in themselves and their confederates , without any colour of right or title by the laws of god or the realm , and no ways intended , but refuted by all these sacred scriptures & others , which explain them . this design of the jesuites , to alter and subvert the whole body of our laws , was so far promoted by the iesuitical and anabaptistical party in this last assembly , ( elected only by the y army-officers , ) that on aug. 20. 1653. ( as our news-books print , ) they ordered , there should be a committee selected , to consider of a a new body of the law , for the government of this commonwealth , who were to new-mould the whole body of the law : according to parsons his mould . and hereupon our cheating astrologers ( especially lilly & culpeper , the z iesuites grand factors to cry down our laws , tithes , ministers ) from the meer visible earthly conjunctions , votes , motions , influences of these new wandring excentrick planets at westminster only , ( not of any coelestial stars , as they would make country-clowns believe , alwayes moving and acting themselves by an unalterable law from the very creation until now , gen. 1. 14. to 19. c. 8. 22. psal . 104. 19. psal . 136. 8. 9. ier. 31. 35 , 36. c. 33. 20 , 21. iob 38. 32 , 33. therefore no ways exciting men to alter fundamental laws and governments here on earth ) took upon them in their a monthly prognostications for this year 1654. versity & college lands by monthly endless taxes , excises , & a perpetual law , tith-oppugning , parliament-dissolving army , in whose councels , we have cause to fear , the iesuites have been most predominant of late years , and will still make use of them to our final ruine , if not effectually purged out , and the army new moulded , new principled , if any longer continued under pretext of publick safety , and not wholy disbanded for the peoples ease and liberty . it is worthy observation , that tho. campanella a prescribed the sowing , and continual nourishing of divisions , dissentions , discords , sects and schisms among us , both in state and church ( by the machivilian plots and policies he suggests , punctually prosecuted among us of late years ) as the principal means to weaken , ruine both our nation and religion , and bring us under the spanish and popish yokes at last : witness his , iamvero ad enervandos anglos nihil tam conducit quam dissentio et discordia inter illos excit at a perpetuoque nutrita , quod cit● meli●res occasiones suppeditabi● : and that principally , by instigating the nobles and chief men of the parliament of england : ut angliamin formam reipublicae reducant ad imitationem hollandorvm : which our republicans lately did by the power of the army officers ; or , by sowing the seeds of an inexplicable war , between england and scotland ; by making it an elective kingdom , ( as some now endeavour under another notion ) or by setting up other kings of another race , without legal right , or just title , against that ancient , unquestioned , undoubted right and title setled , established in king iames and his royal posterity by inherent birthright , and lawfull right of descent by * god himself and his laws , confirmned & strengthned by all possible titles and rights of compact , laws , statutes , oaths , perpetual uncontradicted custome , protestations , covenants , the solemn publick faith and engagement of our english parliaments & nation , for themselves , their heirs & posterities for ever , as the statutes of 1 iacobi c. 1. 2 , 3 , iac. c. 1. 4 , 7. iac. c. 6. which both houses of parliament in their declaration of nov. 2. 1642. exact collect. p. 705 resolve . and that upon this suggestion to the people ; crudelem fore scotum ubi semel imperium in illos obtinuerit ▪ 〈…〉 mente , repostum , quanta injuria angli scotos superioribus illis annis afficerint . praeterea suspicionem cis incu●iat , fore ut jacobus caedem maternam vindicaturus sit , &c. exasperandi sunt etiam animi episcoporū ( presbyterorū ) anglicorum proponendo illis regem scotiae calvinismum amplexum esse spe & cupiditate regni , adactumqve vi , a baronibus haereticis ; quod si vero regnu● angliae etiam ●btineat , tvm illvm cito priorem religionem revocaturum esse : qùandoquidem non solum maria ejvs mater moriens , virum etiā rex ipse galliarvm svmmopore ei religionem catholicam commendarint , &c. yet now transcribed almost verbatim out of * thomas campanella , ( who suggested it against king james to alienate the english from him , & keep him from the crown ) & very freshly by the authors of , the true state of the case of the commonwealth , &c. p. 48 , 49. objected against the present king of scots and royal issue , to deprive him and them from the crowne of england , and engage the whole english nation against their title , to vest it in some other family in greatest power . ) or if these projects should fail , then by dividing us into many kingdoms or republicks , dislinct one from another ; and by sowing the seeds of schisms , and making alterations and innovations in all arts , sciences , and our religion . the old plots of b campanella , c parsons , and late designs of d cardinal richelieu , of the pope , spaniard , jesuites , to undo , subvert our protestant churches , kings , kingdoms and religion , as the marginal authors irrefragably evidence : yet all visibly set on foot , yea , openly pursued , and in a great measure accomplished by some late , nay present grandees and army-officers , who cry up themselves for our greatest patrons , preservers , deliverers , and anti-jesuits , when they have rather been but the * jesuites , popes , spaniards and other forraign enemies instruments and factors , in all the late changes , new-models of our government , parliaments , & pretended reformations of our laws and religion , through inadvertency , circumvention , or self-ended respects , as many wise and godly men justly fear . for prevention whereof , i shall recommend to the whole kingdoms serious consideration , the memorable preamble of the statute of 25 h. 8. c. 22. discovering the like plots of the pope and our forraign enemies to 〈…〉 to prevent them for the future , in these ensuing words . in their most humble wise shewen unto your majesty , your most humble and obedient subjects , the lords spiritual and temporal , and the commons in this present parliament assembled : that since it is the natural inclination of every man , gladly and willingly to provide for the surety , both of his title and succession , although it touch his only private cause : we therefore , most rightful and dreadful soveraign lord , reck●n our selves much more bounden , to beseech and instant your highness , although we doubt not of your princely heart and wisdom , mixed with a natural affection to the same , to foresee and provide for the perfect surety of both you and of your most lawful succession and heirs , upon which dependeth all our joy & wealth ; in whom also is united and knit , the only meer true inheritance and title of this realm , without any contradiction : wherefore , we your said most humble and obedient subjects in this present parliament assembled , calling to our mind the great divisions , which in times past have been in this realm , by reason of several titles pretended to the imperial crown of the same ; which sometimes , and for the most p●rt , ensued by occasion of ambiguity and doubts , then not so perfectly declared , but that men might upon froward intents expound them to every mans sinister appetite and affection , after their sence , contrary to the right legality of the succession and posterity of the lawfull kings & emperors of this realm , whereof hath ensued great effusion & destruction of mans blood , as well of a great number of the nobles , as of other subjects , and specially inheritors in the same . and the greatest occasion hath been , because no perfect & substantial provision by law hath binmade within this realm it self , when doubts and questions have been moved , & proponed of the certainty & legality of the succession & posterity of the crown . by reason whereof , the bishop of rome , & see apostolick , contrary to the great and inviolable grants of jurisdictions by god immediatly to emperours , kings & princes in succession to their heirs , hath presumed in time past , to invest who should please them to inherit in other mens kingdoms & dominions ; which thing , we your most humble subjects , both spiritual and temporal , do most abhor & detest : and sometimes other forraign princes and potentates of sundry degrees , minding rather dissention & discord to continue in the realm , to th'utter desolatiō therof , then charity , equity , or unity , have many times supported wrong titles , wher by they might easily & facilly aspire to the superiority of the same , the continuance & sufferance whereof deeply considered & pondered , were too dangerous and perillous to be suffered any longer within this realm , & too much contrary to the unity , peace and tranquility of the same , being greatly reproachful and dishonourable to the whole realm . in consideration wherof , your said most humble and obedient subjects , the nobles and commons of this realm , calling further to their remembrance , that the good , unity , peace , and wealth of this realm , and the succession of the subjects of the same , most specially & principally above all wordly things , consisteth and resteth in the certainty and surety of the procreation , & posterity of your highness , in whose most royal person at this present time , is no manner of doubt or question , do therefore most humbly beseech your highnes , &c. to declare the establishment of the successiō of your royal posterity in the imperial crowns of this realm : as he and they did by this & other succeeding acts of parl. & in 1 eliz c. 3. & 1 jac. c. 1. to prevent the like civil wars and mischiefs for succeeding ages , now revived , promoted by the pope , jesuits , & foraign popish princes to work our ruine . certainly , whosoever shall seriously ponder the premises , with these passages in william watsons quodlibets concerning the jesuits , e 1. that some of the jesuits society have insinuated themselves into all the princes courts of christendom , where some of their intelligencers reside , and set up a secret counsel , of purpose to receive and give intelligence to their general at rome , of the secrets of their soveraigns , and of all occurrents in those parts of the world , which they dispatch to and fro by such cyphers , which are to themselves best , but comm̄only only to themselves known , so that nothing is done in england , but it is known at rome within a month after at least , & reply made back as occasion is offered , to the consequent overthrow of their own natural country of england , and their native princes and realms , by their unnatural treasons against them ; that so the jesuits might be those long gowns , which should reign and govern the island of great britain . to which i shall add that of rob : turner an english jesuit , in his epistles printed at ingolstad , an. 1584. ep. 19. volui irrepere , volui irrumpere in intimas aulas principum ; volui videre omnia , ut ad justitiae norman praeclare exigerem . vix coeperam obi●e principū aulas , cum viderim hoereticorū illum mundum administrari a stultis , &c. with that of hospinian , historia jesuitica l. 3. p. 148. that the jesuits are so subtil , vigilant , bold , laborious , and indued with such a faci●lty of flattery , insinuation , acting and hurting in princes courts , that they exactly discover , know , and fish out all their secrets , ( which they eve●l to their superiors , the pope and spaniard ) and alone rule all things in them : so that the courts of europe are more grievously infested & afflicted by the iesuites , than the court of pharoah was of old by the aegyptian ●rogs . and may we not then justly fear our new court hath been as much pestered and infested by them of late years , as our old court heretofore ? 〈◊〉 f that the jesuites hope and endeavour to have england , scotland and ireland under them , to make these northern islands a iaponian island of iesuites , and one iesuitical monarchy , ; and to infeoffe themselves by hook or by crook in the whole imperial dominions of great britain with the remainder over to their corporation , or puni-fathers succeeding them , as heirs specially in their society , by a state of perpetuity : putting all the whole blood royal of england to the formidon , as but heirs general in one predicament together , as now they have done . 3. g that the jesuites have magistracy , kings , magistrates , ministers , priesthood , and priests in high contempt ; publishing many slanderous , seditious ; trayterous , and infamous speeches , libels , and books against them , to render them odious and contemptible to the people , full of plots , exasperations against the church and commonwealth , like rebellious traytors , to bring all into an uproar , that they may have all countries , kingdoms , governments , successions , states , inhabitants , and all at their pleasure . 4. that the h jesuites have taught the people ( in order to get england under their power , and in order to god or religion , as they stile it , ) that subjects are bound no longer to obey wicked or heretical princes and kings deflecting from the catholick religion , and drawing others with them , but till they be able by force of arms to resist and depose them . that the popular multitude may upon these grounds , when they think meet , place and displace their princes and chief officers at their pleasure , as men may do their tenants at will , hirelings , or ordinary servants , putting no difference in their choice vpon any right or title to crowns or kingdome , by birth or blood or otherwise , then as these fathers ( forsooth ) shall approve it , by this all things must be wrought and framed , conformable to opportunities of times and occasions ; as for example : the people must have a right and interest in them , and to doe what they list in choice of their kings and supream governours , til they have set such a person or usurper in the crown , * as they for their ends have designed ; and then the times and occasions changing , when such a one is setled in the throne , the former doctrine and practises must be holden for a mistaking ; yet such , as seeing it cannot be holpen , the people must beware herafter of attempting the like again . by this a check must be given to the publishers of such paradoxes , ( when they have accomplished their designed ends , ) after that a dispensation procured for the offenders , and then all shall be well ever after ; till a new opportunity for their further advantage . 5. that the i jesuits by abs●rd equivocations , counterfeited perjuries , sacriledges , and cousenage , become all things to all men , that they may gain all ; as to be seminary priests amongst seminaries ; secular priests , among seculars ; religious men , among religious ; seditious men among seditious ; factions spaniards amongst spaniards ; english traytors among traytors ; scotish vilains , among scots , &c. and amongst all these , to deny and affirm , to object and answer , to swear and forswear , whatsoever may be a gain to them , for their pragmatical commonwealth and society . no wonder then , if they transform themselves into all shapes , and take upon them all professions now amongst us . 6. that the k jesuits by their devices and practises , have brought all to machiavels rule , divide et impera , in sowing division , breeding of jealousies , and making of hoslile strife , by opposition of king against king , state against state , priest against priest , peer against peer , parents against children , children against parents , sisters against brothers , servants against masters , wives against husbands , husbands against wives , and one friend against another , raising up rebellions , mvrdring of princes , making uproars every where , until they make those they cannot otherwise winne unto them , either yield to be their vassals to live quiet by them , or force them to flight , or drive them out of their wits , or otherwise plague them to death . 7. that the l jesuits by their cursed positions , and machiavillian practises , have made religion it self a meer political and atheal device ; a pragmatical science of figboys , and but an art of such as live by their wits , and the principles of machiavel taught by their rabb●es ; yea , a very hotch potch of omnium gatherum , religious , secular , clergical , laical , ecclesiastical , spiritual , temporal , martial , civil , aecomenical , political , liberal , mechannical , municipal , irregular , and all withovt order ; so that they are not worthy to be called religious , ecclesiasticks , catholicks , nor temporal mechannical christians ; but rather machiavillians , atheists , apostates ; their course of life shewing what their study is ; and that howsoever they boast of their perfections , holiness , meditations and exercises , ( as if they were all superlatives , all metaphysicians , all entia transcendentia ) yet their platform is heathenish , tyrannical , sathannical , able to set aretine , lucian , machiavel , yea , and don lucifer , in a sort to school . those , i say , who shall sadly ponder all these premises , and compare them with the late practises , policies and proceedings of some swaying politicians of our age ( infected likewise with this atheistical state-maxime , amongst others derived from the jesuits , and machiavillian spanish state-counsellers : ) in reipublicae administratione , quaedam licita esse ratione statvs , alia respectu conscientiae : which * thomas campanella ( as bad as he is ) not only severely censures , but thus declaims against with highest detestation , qua opinione profecto nihil magis absvrdvm av● impivm ne excogitari quidem potest : nam qui conscientiae universalem suam jurisdictionem in omnes res humanas tam pvblicas qvam privatas , subtrahit , ostendit , se nec conscientiam , nec devm habere , &c. siquidem omnia scandala ecclesiae dei , & pertvrbationes orbis terrarvm , inde orta svnt : that men may do against all laws of god and man , their own consciences , trusts , oaths , out of a pretext of the benefit , safety of the state , & publick good , as most now do ; or , compare thē with the constitution of our church , state , religion , publike affairs , must needs acknowledg , that these pragmatical iesuits have bin very active , prevalent , powerful , successful , and not only militant but triumphant , of late years amongst us , under some disguise or other : that they have dangerously poysoned us with these their machiavillian and atheal policies , practises positions , and have more real disciples , factors , if not tutors , now amongst us , then in any former ages : and is it not high time then to endeavour to detect their persons , and prevent their dangerous designs upon us , with greatest care and diligence ? truly though most others be negligent and fearfull herein , yet that text of ezek. 2. 6 , 7. and thou son of man , be not afraid of them , neither be afraid of their words , though bryars and thorns be with thee , and thou dost dwell among scorpions , be not afraid of their words , nor be dismayed at their looks , though they be a rebellions house . and thou shalt speak my words unto them , whether they will hear , or whether they will forbear , for they are most rebelliovs ; hath animated me to exonerate my conscience herein , and to say with the prophet , isai . 62. 1. for zions ( englands ) sake i will not hold my peace , and for ierusalems sake i will not rest , until the righteousness thereof go forth as brightness , and the salvation thereof as a lamp that burneth . wherefore , upon serious consideration of all these premises , and of all those sacred solemn oaths , that protestation , vow , league , and national covenant , which i have formerly taken ( lying still as so many ) f indissoluble obligations on my soul , notwithstanding the ingrate , malicious , unchristian requitals of all my former unmercinary services , sufferings for religion , laws , liberties , and the publique , in times of greatest danger , recompenced only with long causeless , close imprisonments , injuries , affronts , losses of all kinds , by pretended friends and patrons of our liberties , as well as by professed causeless enemies . and notwithstanding all other discouragements from the general baseness , cowardise , sottishness , slavishness , degenerated spirits of the whole nation , and their strange fearfulness even publiquely to own , much less cordially , to assist , defend , ( according to the sixth article of the covenant ) those few couragious patrons who have hazarded their lives , liberties , limbs , estates , and all earthly comforts for the publique defence of our religion , the laws , liberties , priviledges of our kingdom , church , parliament , against the old and late avowed subverters of them , whose very g company , visits the generality of their former friends and acquaintance have declined , ( as if they had some plague sores on them ; ) not only during their late restraints , but likewise since their enlargements out of them , ( enough to perswade them never to write , speak , act , or suffer any thing more , for such ingrate , unworthy creatures , but rather to put their helping hands , to make them and their posterities slaves for ever . ) i have yet once more , out of pure zeal , love , conscience towards my native country , adventured my life , liberty , and decayed estate , ( considering the lawlessness and danger of the times , not the justice and goodness of the common cause , i plead ) for the necessary defence of the fundamental liberties , franchises , lawes , rights , parliaments , priviledges , and government of our enslaved nation , ( though every way * unworthy to be beloved by god , or men of noble spirits ) in this seasonable , legal , historical vindication and collection ; wherein i have with all boldness , faithfulness , without the least fear or flattery of any mortals or created powers whatsoever , argued , evinced , maintained my own particular , with the whole nations publique right and inheritance in them , ( of which few or none take any care , but only of their own private gains , case , safely , though with the † publike ruine ) and endeavoured ( as much as in me lies ) to preserve them and our religion from the several jesuitical plots , counsels , specified in the whole commons house remonstrance of 15 december 1641. exact collection , p. 3. to 14. of late years revived , and more vigorously pursued than ever , and to rescue them out of the claws of tyranny , and all usurping arbitrary powers , which have avowedly encroached on , yea trampled them under feet of late , more than ever the worst of all our monarchs , or beheaded king did , though declaimed against , as the greatest of tyrants by some who have transcended him in his worst regal exorbitances ; and particularly in this , which the lords and commons in parliament , in their * declaration of aug. 4. 1642. thus grievously complained of , and objected against the kings ill counsellers , that the laws , were no protection or defence of any mans right , all was subject to will and power , which imposed what payments they thovght fit , to drain the subjects purses , and supply those necessities , which their ill counsel had brought upon the king , and gratify such as were instrumental in promoting most illegal and opressive covrses . those who yielded and complied were countenanced and advanced , all others disgraced and kept under , ( and are they not so now , as much as then ? ) that ●o their minds made poor and base , ( as they were never so poor and base as now ) and their liberties lost and gone ( as they were never so much as now ) they might be ready to * let go their religion whensoever it should be resolved to alter it , which was , and still is , the great design , and all the rest made use of as instrumental and subservient to it . upon which consideration they thus concluded that declaration , therefore we the lords and commons are resolved , to expose our lives and fortunes for the defence and maintenance of the true religion , the kings person , honor and estate , the power and priviledge of parliament , the just rights and liberty of the subject , and we do hereby require all those who have any sence of piety , honor or compassion , to help a distressed state , especially svch who have taken the protestation , and are bound in the same duty with us unto their god , their king and country , to come into their aid and assistance . that which hath not a little encouraged me hereunto , is not only this their publick call , but likewise this memorable passage , vow , protestation of the lords and commons assembled in parliament , in their printed h declaration in answer to his majesties of october 23. 1642. which i fear most of them since in power have quite forgotten ; and therefore i beseech them now seriously to remember it . though we know very well , there are too many of the gentry of this kingdom , who to satisfy the lvsts of their own ambition , are content , like esau , to sell their birth-right , and care not to svbmit themselves to any arbitrary and unlimited government , so they may for their own time partake of that power , to trample and insult over others : ( and have not , are not some of these declarers and censures such themselves ? ) yet we are assured , that there are of the gentry many worthy and true hearted patriots , ( but where are those many now ? ) who are ready to lay down their lives and fortunes , and of late have given ample testimony thereof , for maintenance of their lawes , liberties , and religion ; and with them and others of their resolution we shall be ready to live and die . ( but how many of these declarers have made good this publike engagement ? yea , have not some of them been , and still are more ready to secure , seclude , disoffice , imprison , kill , slay any such true-hearted patrons , as i have felt by sad experience , than to live and die with them ? ) and we must own it as our duty , to use our best endeavors , that the meanest of the commonalty may enjoy their own birth-rights , freedom and liberty of the laws of the land , being * equally entituled thereto with the greatest subject . i trust therefore the greatest grandees in late or present power , neither will nor can be offended with me , and that all the nobility , gentry , commons , and true-hearted . patrons in the nation , who bear any love to the laws , li-liberties , freedom of the people , for which their ancestors and they have so long , so stoutly contended heretofore , and lately with our kings ; will live and die with me in this their vi●dication and defence , against any of their fellow-subjects , who shall endeavor to subvert or deprive them of the full and free enjoyment of all or any of them , according to this engagement and declaration : wherein there are these further observable passages , relating to the parliaments priviledges and its members , which i desire our army-grandees , who impeached , secured , secluded my self with other members of the last true parliament , levied war against and forcibly dissolved it ; with the contrivers of our late new-modelled governments , would seriously ponder ; who in common justice must be content to be as freely told of and reprehended for their * frauds , faults in print ( where the publike and every mans private interest , right , liberty , security , is concerned ) as they have censured others , as well their superiors , as equalls , oft in print , though perchance l●sse peccant than themselves i in that they object against them . k for the matter of his majesties raising an army against the parliament ( wherein many papists , priests , jesuites were imployed ) and taking away the priviledge thereof , we shall refer it to the judgement of every ordinary capacity , whether it be void of sense to say , that this war is raised against the parliament ; but the truth is , that it is not a few persons , but the parliament it self , is the thorn that lies in these mens sides , which , heretofore when it was wont to ●rick them , was with much ease ( by a sudden dissolution ) pulled out : but now that is more deeply fastned by the act of continuance , they would force it out by the power of an army . ( hath not this been the very practise of some army-grandees of late , here objected against the king jesuitical and popish ill counsellors ? ) and whosoever will peruse the several speeches and declarations , made upon the breaking up of former parliaments , since the beginnning of his majesties reign , will find , the pretences of those unjust and illegal dissolutions , to be grounded upon the exceptions against some particular members , under the name of a few factious and seditious persons : so that the aspersing and wounding of the parliament through the sides of a few members , is no new invention : ( and hath not this been the very army-officers practise , since the first year of their reign till now , to wound the last real parliament ; yea , their own late dissolved mock parliaments since , through the sides of a few corrupt members , or a corrupt majority in the house , as all their printed l declarations upon their d●ssolutions attest . and is this then no crime ? or no jesuitical practise in them , though such in the late m king and his ill counsellors ? ) and for the satisfaction of all indifferent men , that this war is raised against the parliament , we shall refer them to former declarations , ●issued out in his majesties name , being so many invectives and ground lesse accusations , not against particular members only , but against the vote and proceedings of both houses . ( and are not many of the armies declarations in 1647. and 1648. yea , the late pamphlet of some present grandees , intituled , a true state of the case of the commonwealth of england , printed 1654 , such ? let them now then see whence they took their pattern , even from the beheaded kings n jesuited evil counsellors , whose steps they exactly trace in this : ) but if the truth were , as that declaration seems to imply , that this army is raised to force some o particular members of this parliament to be delivered up , yet upon that ground would it follow , that the same is levied against the parliament . for it cannot be denied by any ingenious man , but that the parliament by their p inherent rights and priviledges hath the power to judge and punish their own members : [ yet the army officers took upon them to secure , seclude them without charge , and their future new-minted ▪ parliament members , though only elected by the people , must be tryed , judged by the new whitehall members , ere they can be admitted to sit , article 21 of the new government . ] and we have often declared to his majestie and the world , that we are alwayes ready to receive any evidence or accusations against any of them , and to judge and punish them according to their demerits ; yet hitherto q no evidence produced , no accuser appearing : and yet notwistanding , to raise an army to compel the parliament to expose those members to the fury of those wicked counsellors , that thirst for nothing more than the ruine of them and the commonwealth : what can be more evident , than that the same is levied against the parliament ? for did they prevail in this , then by the same reason ( pray observe it ) they might demand 20 more , and never rest satisfied until their malice and tyrany did devour all those members they found crosse and opposite to their lewd and wicked designs [ and was not this the practice of the army-officers , who levied a real actual war against the parliament ? they first impeached , secluded xi . members of the commons-house ; and some lords soon after . an. 1647. 〈◊〉 then they secluded other members , by their high declaration of aug. 18. 1647. after that they secured , imprisoned my self , with 44 members more , and secluded the greatest part of the commons house , leaving not above 50 or 60 at first sitting , who confederated with them , in december 1648. within two moneths after this , they beheaded the king ; then suppressed the whole lords house , to carry on their designs since acted : at last they dissolved their own mock parliaments , when they crossed their ambitious aspires : what they did in september last since this was first penned to those now sitting , is fresh in memory . ] touching the privileges of parliament , which the contrivers of that declaration in his majesties name , ( and the contrivers of sundry * declarations since in the armies name , who imitated them herein . ) seem to be so tender of , and to professe all conformity unto , and deny this army to be raised in any degree to violate : we shall appeal to the judgement of any indifferent man , how little truth is contained in this their assertion , ( or in the army officers printed papers to the same effect . ) the parliament is to be considered in three severall respects : first , as a councell to advise . secondly , as a court to judge . 3. as it is the body representative of the whole kingdom , to make , repeal , or alter laws : and whether the parliament hath enjoyed its priviledges in any of these respects ( under the army-officers and powers , as well as late king ) let any that hath eyes open judge . for the first , we dare appeal even to the consciences of the contrivers themselves , ( and to the consciences of the army-officers , souldiers , and whitehall men themselves ) whether matters of the highest importance , ( witness all the publick proceedings against the late parliament , king , peers , government ; the warrs with scotland , holland : their new magna ch●rta , repealing the old , entituled , the government of the commonwealth of england , scotland and ireland , wherein they take upon them such an omnipotent soveraign power , as , to pass a decree upon the wavering humors of the people , and to say to this nation , ( yea to scotland and ireland too , ) as the almighty himself said once to the unruly sea , * here shall be thy bounds , hitherto shalt thou come and no further ; as some of them most arrogantly , if not blasphemously publish in print to all the world in their true state of the case of the commonwealth , p. 34. their making of new binding laws and ordinances , repealing old laws and statutes in and by pretext of this instrument , out of parliament , as their manifold whitehall folio new edicts , amounting to near 700 pages , attest ) have not been agitated and determined ( in and by the army-officers , general councel , and other unparliamentary juncto's , ) not only without , but contrary to their advice , ( and votes too ; ) and whether private unknown councels ( in the army , whitehall , and elswhere , yea the private councels , plots , conspiracies of iesuits , of forraign popish and spanish agents ) have not been hearkned unto , approved and followed , when the faithful and wholsom advice of the great counsel hath been scorned & neglected ( by the army officers and their confederates . ) and yet none can deny , but it is one of the principle ends why a parliament is called , to consult the great affairs of the church and state. and what miserable effects and sad events , this neglect of the great councel , and preferring of unknown and private councels before it , hath produced ; let the present distractions of this kingdom bear witnesse , ( with all the bloody , unchristian wars , taxes , oppressions , distractions , since the armies force upon the king , members , houses , anno 1647. and 1648. to this present time . ) concerning the second , it sufficiently appears by the making the kings court , by the force and power of the kings army ; the sanctuary and refuge of all sorts of delinquents against the parliament and kingdom , and protecting and defending them from the justice thereof : and by admitting such to bear places of great trust in the army , and to stand in defiance of the parliament and the authority thereof ; ( and is it not a far greater crime to make the parliaments army it self , a delinquent against the parliament and kingdom ; the sanctuary of such delinquents against both , and to continue such officers in places of greatest trust in the army , who have levied actual war against the parliament , secluded , secured members of parliament , kept divers years under their armed guards in defiance of the parliament , without any particular charge or impeachment , refusing to release them , even when the serjeant was sent at first from the house it self , to demand the members seised ? ) by all which it is apparent , how our privledges have been torn from us by piece-meals , from time to time . and we might mention many passages , whereby they were endeavoured to be * pulled up by the root , and totally subverted . as the attempt to bring up the late army from the north to force conditions upon the parliament : his majesties letters and commands to the members of both houses ( which found obedience in a great many ) to attend him at york ; and so , by depriving the parliament of their members , destroy the whole body : ( and was not the actual twice bringing up of the parliaments own army , by the army officers , against the parliament it self , to impeach , secure some principal members of both houses ; seclude the majority of the commons house , suppress the whole house of lords ; break off the treaty , behead the king , ( the * head of the parliament ) against the parliaments votes , alter the government , force conditions on the parliament it self , to omit the 12 , 21 , 24 , 32 , 37 , 38 , 39 articles of their new government , with the secluding of all the members lately admitted by armed souldiers , till they took a new engagement , and keeping out all others ) a taking of the privileges of the parliament from them all by whole-sale , and a more desperate pulling up by the roots , and total subversion of all the priviledges and whole body of the parliament , than this objected against the northern army , or the kings jesuitical ill councel ? ) which is enough to prove the vanity of the contrivers of that declaration ( and of the army officers too ) to feed themselves with hope of belief , that the priviledges of parliament are not violated , but intended to be preserved , with all due observance . concerning the allegation , that the army raised by the parliament , is to murder the king , ( oft alledged by the * king and his party , in many printed proclamations , declarations before and after this here mentioned ) we hoped the contrivers of that declaration , or any that professed but the name of a christian , could not have so little charity as to raise such a scandal , especially when they must needs know , the * protestation taken by every member of both houses ( and army officers too ) whereby they promise in the presence of almighty god , to defend his majesties person . the promise and protestation made by the members of both houses upon the nomination of the earl of essex to be general , and to live and die with him ; wherein is expressed , that this army was raised for defence of the kings person , our oft , earnest , and most humble address to his majesty to leave that desperate and dangerous army , &c. a request inconsistent with any purpose to offer the least violence to his person , which hath , and * ever shall be dear unto us . and concerning the imputation laid to our charge , of raising this army , to alter the whole frame of government and established laws of the land , ( which the king and his party * frequently objected in print ) we shall need give no other answer but this : that the army raised by the parliament is to no other end , but for the preservation of his majesties person , to defend themselves , the laws of the land , and the true protestant religion . after which , they there and elswhere conclude . and by this time ( we doubt not ) but every man doth plainly discern through the mask and visard of their hypocrifie , what their ( the kings ill counsels ) design is , to subject both king and parliament and kingdom to their needy , ambitious , and avaritious spirits , and to the violent laws , martial law , of governing the people by guards and by the souldiers . but alas for grief , how superlatively have many of the army officers , and their confederate members ( though parties to these declarations and protestations ) violated them , and both houses faiths , trusts , intentions , ends in raising the army , in every of these particulars ? how have they verified , justified the kings declarations , jealousies , concerning the parliaments army , in every point , here ( and * elswhere ) disclaimed by both houses ? how have they exceeded , out-acted the kings jesuitical counsellers , and most desperate popish army , in violating , subverting both the parliaments priviledges , members and parliaments themselves , together with our * fundamental laws , liberties , government ; for whose preservation they were only raised , paid ? how have they pursued the kings and his worst jesuited counsellers footsteps in all the charges here objected against them by both houses , in relation to the parliaments priviledges , members , constitution , rights , laws , to their utter subversion , dissolution , and waged war against them ? and doth not every man plainly discern through the mask and visard of their hypocrifie , ( to use both houses expressions ) that their design is just the same with that here objected by the parliament to the kings ill jesuited counsellers , and popish army ; even to subject both king , parliament and kingdom , to their needy , ambitious , avaritions spirits , and to the violent laws , marshal law , of governing the people , ( yea parliaments themselves ) by guards , and by the souldiers ? and by conquest to establish an absolute and unlimited power over the parliament and good subjects of this kingdom ; as the houses * elswhere thrice objected against the late king , his army and party : being the very design ( as many wisemen fear ) of the 27 article of their new government ; to settle a constant annual revenue for the maintenance of 20000 foot , & 10000 horse and dragoones , ( to be alwayes constantly , kept up winter and summer , without disbanding or diminution ) for the defence and security of england , scotland , and ireland ? which must henceforth be kept under by mercinary fo●ces , to guard of protectors , when as the * heathen poet assures us , ●nteger vitae scel●risque purus , non eget mauri jaculis nec arcu ; much less our english nation , ever formerly secured by their own unmercinary militia of the trained bands , and those lords and gentlemen who hold their lands by knight-service . o that they would now in the name and fear of god ( as they tender the eternal salvation of their souls , the honour and priviledges of all future parliaments , the ease , welfare , settlement of our nation ) lay all this most seriously to their hearts , and make it a matter of their greatest lamentation , and repentance ! besides this , have they not falsified that memorable * late declaration of the lords and commons assembled in parliament , novemb. 2. 1642. in answer to his majesties ( well worthy perusal now ) and made good ( both for the time past , and all succeeding parliaments , whiles there shall be any standing army in england able to over-power them ) all the odious , scandalous positions , in relation to the english parliament , its members and priviledges ( deduced from the kings declaration , only by inference , but disclaimed by the king ) summed up by them , in the close of that remonstrance ; and published in these ensuing terms , as will evidently appear , if applied to the army , and their generall councel of officers , by adding or exchanging their names , only for the kings in a parenthesis ? 1. * that the king ( the * army , general , and their general councel of officers ) when he pleaseth , may declare the major part of both houses , ( which in all sorts of republicks doth , yea ought of right to over sway the minority , & their votes to be firm and binding to all men , as * aristotle himself resolves ; ) a faction of malignant , schismatical , and ambitious persons : so that all parliaments that have been heretofore and shall be hereafter , and all laws made in them ▪ may by this means be called in question at pleasure ; ( yea nulled and repealed for ever , as some former parliaments have been , when held and over-awed by armed power , or unduly elected , packed , summoned without lawfull authority , or some of the members forcibly secluded , as you may read at large in the statutes of 21 r. 2. c. 11 , 12 , 16 , 17 , 18. 1 h. 4. c. 3. 1 h. 4. rot. parl. n. 22 , 23 , 36 , 48 , 66 , 70. 113. 39 h. 6. c. 1. & 17 e. 4. c. 7. worthy the serious perusal of our present grandees , and all illegitimate parliaments , where they may read the fatal end of all new unparliamentary projects , laws , devices , wherein many now so much glory , as if they would continue form for ever : when as in a few years space , they will all probably prove nullities , be for ever reversed ; yea , branded to posterity , as most pernicious presidents . 2. that his majesty ( the army and their general councel ) may declare what is the known law of the land , against the judgement of the highest court , and consequently of all his courts : so that the safety and right of king and people , and the law it self must depend upon his majesties ( the army , general , and their councels ) pleasure . 4. that as the king hath a property in his townes , forts , and kingdoms ; so he ( the army and their general councel ) may * dispose of them as he pleaseth ; and the representative body of the whole kingdom may not intermedle in discharge of his majesties ( the armies , generals , councels ) trust , though by the advice of evil councellers they see it diverted to the hazard of the publique peace & safety of the kingdom . 5. that his majesty ( the army , general , and their councel ) or any other person , may upon suggestions and pretences of treason , felony , or breach of peace ( or of their trusts , a fourth * army new-minted cause ) take the members of parliament , without giving satisfaction to the house , whereof they are members , of the grounds of such suggestion or accusation , and without and against their consent ( as in the case of the late secured , secluded members , and their two junct●'s since ) so they may * dismember a parliament , when they please , and make it what they will , when they will. 6. that whosoever shall follow the king ( army , general and their councel , ) in the wars ( against the parliament ) though it were to destroy laws , liberty , religion , the parliament it self , and the whole kingdom ; yet he shall be free from all crime or punishment . and that on the other side , to oppose by force any such force , though in the most legal way , and by authority of the representative body of the whole kingdom , is to leavy war against the king ( army , general ) and treason ( within the letter of 25 e. 3. or of their new knacks since : ) so our lands , liberties , lives , religion , and laws themselves , whereby all the rights both of king and people are due to them , and preserved for them , shall be at the sole will and pleas●re of the prince ( army , general , and general councel of officers , in their new high courts of injustice , or other martial judicatories , as now they are . ) o consider , consider seriously by these particulars , to what a sad , low , despicable condition all english parliaments are now for ever reduced , and their pristine antient priviledges , honor , freedom , power , violently ravished from them by the late army practises , violences , and rebellious insolencies against them , never to be parallel'd in any age ; which hath really verified this clause in the declaration of both houses , * august 4. 1642. objected against the king and his popish army , in relation to the parliaments army , purposely raised , commissioned , & engaged for their defence . that if the king ( by his army ) may force this parliament ( as the parliaments army both forced and dissolved it ) they may bid farewell to all parliaments , for ever receiving good by them ; and if parliaments be * lost , they ( the people ) are lost , their laws are lost , as well those lately made , as in former times , all which will be cvt in svnder with the same sword , now drawn for the destrvction of this parliament : ( as we now find true by sad experience . ) * athanasius , bishop of alexandria ( about the year of our lord 340. ) objected this as a great crime , barbarism , cruelty , and violation of the priviledges of councels , to the arrian emperour constantius . that whensoever he called a councel or assembly of bishops , it was but for a shew : for he would not permit them to be guided by the ecclesiastical canons , but his will alone must be their only canon . and when they advised him , not to subvert the ecclesiastical order , nor bring the arrian heresie into the church of god , he would neither hear , nor permit them to speak freely ; but grievously bending his brows ( if they had spoken cross to his designs ) and shaking his sword at them , commanded them to be taken away . whereupon he thus infers , what liberty for perswasion , or place for advice is there left , when he that contradicteth , shall for his labour lose either his life , or his country ? why hath the emperour gathered so great a number of bishops , partly terrified with threats , partly inticed with promises , to condescend , that they will not communicate wi●h athanasius ? and hilary bishop of poictou ann. 360. in his first book against this tyrannical arrian emperour constantius , thus censures his violent proceedings of this kind , to the subversion of the freedom and priviledge of councils and their members . thou gatherest councils , and when they be shut up together in one city , thou terrifiest them with threats ; thou pinest them with hvnger , thou lamest them with cold , ( as the army officers did the secluded members 6 and 7 decemb. 1648. when they shut them up all night in hell , on the bare boards without beds in the cold , and kept them fasting all the next day at whitehall , til 7 a clock at night ) thou depravest them with dissembling ; o thou wicked one , what a mockery dost thou make of the church and councels ? only dogs return to their vomit ; and thou compellest the priests of christ , to sup up those things which they have disgorged , and commandest them in their confessions , to allow that which before they condemned . what bishops hand hast thou left innocent ? what tongue hast thou not forced to falshood ? whose heart hast thou not brought to the condemning of his former opinion ? thou hast subjected all to thy will , yea , to thy violence . and have not some swaying army officers , by their frowns , menaces , frauds , swords , open force upon the parliament and its members , beyond all the presidents in any ages , done the like , and exceeded this arrian tyrant herein ? and is it not then high time for all friends to parliaments , to protest and provide against such detestable , treasonable violences for the future , destructive to all parliaments , if permitted , or silently pretermitted without question , exemplary censure , righting of the imprisoned members , or any provision to redresse them for the future ? our prudent ancesters were so carefull to prevent all violence , force , arms , and armed men , in or near any places where parliaments were held , to terrifie , over-awe , or disturb their proceedings or members ; * that in the parliament of 7 e. 1. ( as you may read in rastals abridgement , armour , 1. provision was made by the king , by common consent of the prelates , earls , and barons , by a general act , that in all parliaments , treaties , and other assemblies , which should be made in the realm of england for ever , every man shall come without force , and without armour , well and peaceably to the honour of the king , and of the peace of him , and of his realm , and they together with the commonalty of the realm upon solemn advise , declared ; that it belonged to the king , and his part it is by his royal signiory strictly to defend wearing of armour , and all other force , against his peace at all times , when it shall please him ( especially at such times , and in places where such parliaments , treaties , and assemblies are held ) and to punish them which shall doe contrary according to the laws and usage of the realm ▪ and hereunto they are bound to aid the kind , as their soveraign lord , at all seasons when need shall be . hereupon our kings ever since this statute , by virtue thereof , and by the law and custom of the parliament , ( as sir edward cook in his 4 institutes c. 1. p. 14. informs us ) did at the beginning of every parliament , make a speciall proclamation , prohibiting the bearing of arms or weapons , in or near the places , where the parliament sate , under pain of forfeiting all they had ; of which there are sundry presidents cited by sir edward cook in his margin ; whereof i shall transcribe but one ( which he omits ) and that is 6 e. 3. rot. parliament n. 2. 3. because that before these days , at the parliaments and counsels of our lord the king , debates , riots and commotions have risen and been moved , for that people have come to the * places where parliaments have been summoned and assembled , armed with privy coats of plate , spears , swords , long , knives , ( or daggers ) and other sort of arms , by which the businesses of our lord the king and his realm have been impeached , and the great men which have come thither by his command , have been affrighted : our lord the king , willing to provide remedy against such mischiefs , defendeth , that no man of what estate or condition soever he be , upon pain of forfeiting all that he may forfeit , to the king , shall be seen armed with a coat of male , nor yet of plate , nor with an halberd , nor with a spear , nor sword , nor long knife , nor any other suspitious arms , within the city of london , nor within the suburbs thereof ; nor any place near the said city , nor yet within the palace of west minster , or any place near the said palace , by land or water , under the foresaid pain : except only such of the kings men as he shall depute , or by his command shall be deputed to keep the peace within the said places : and also except the kings servants , according to the statute of northampton . and it is not the intention of our lord the king , that any earl , or baron may not have his lance brought to him in any place , but onely in the kings presence , and in the place of councell . the like proclamations were made in the beginning of the parliaments of 9. 1● , 17 , 18. 20 , 25 ●dw . 3. and sundry others : more necessary to be revived in all succeeding english parliaments now than ever heretofore , since the unpresidented forces upon the late members of both houses , and the parliament it self , by the army-officers and souldiers , raised to defend them from violence : the treasonablenesse and transcendency whereof being at large related in my epistle to the reader , before my speech in parliament 4 december 1648 , i shall not here criminally presse , nor insist on , but referred them thereunto : however for the future security and freedome of our parliaments from violence , i must crave liberty to inform these army parliament drivers , forcers , dissolvers , ( habituated to this trade ) that if the * late kings march to the house of commons , accompanied only with some of his pensioners and others , armed with pistols and swords , meerly to demand but five members thereof to be delivered up to justice , particularly impeached by him of high treason some dayes before : to wit , * that they had traiterously endeavoured to subvert the fundamental laws and government of this kingdome : to deprive the king of his royal power : to place over the subjects an arbitrary and tyrannical power , to subvert the very rights and being of parliaments : and by force and terrour to compell the parliament to joyn with them in their designs ; for which end they had actually raised and countenanced tumults against the king and parliament . or if the * kings bare tampering with some officers of his own northern army , to draw a petition from them to the houses , or march towards london from their quarters ; ( not to seise upon , force or dissolve the parliament or its members , but only to over-aw them , and impeach the freedom of their debates , votes touching episcopacy , church-government , and the kings revenues ) were such high transcendent violations of the priviledges and freedome of parliament , and unsufferable injuries , as both houses of parliament separately , and joyntly proclaimed them to all the world , in * severall declarations , during his life ; or such capitall crimes , as those who condemned and executed him for a traytor and tyrant , have published in their declaration of 17 march 1648. ( touching the grounds of their proceedings against him , and setling the government in the way of a free state , without king or house of lords ) since his beheading , in these very words . but above all , the english army was laboured by the king to be engaged against the english parliament ; a thing of that strange in piety and unnaturalness for the king of england , that nothing can answer it , but his being a forraigner ; neither could it have easily purchased belief , but by his succeeding visible actions in full pursuance of the same ; as the kings comming in person to the house of commons , to seise the five members , whither he was followed with some hundreds of unworthy debauched persons , armed with swords , and pistols , and other arms ; and they attending him at the door of the house , ready to execute what the leader should command them . which they charged against the king , as the highest of his unparralleld offences ; for which they appeal to all the world of indifferent men to judge , whether they had not sufficient cause to bring him to justice ? though neither he nor his followers then seized , secured , secluded , injured any one member , when they thus went to the commons house ; yea * presently retracted his impeachment , and offered all satisfaction that should be desired by the house for this breach of privilege : and though neither the northern army , nor their officers ever advanced towards , or offered the least violence to the houses , or their priviledges , by petition or otherwise . then certainly the parliaments own armies officers , counsels , manifold high printed declarations , of june 14. 23. july 7. aug. 18. 1647. nov. 16. & decemb 7. 1648. and others before and since , their professed open oppositions , impeachments , against the very proceedings , votes , orders , ordinances , members of both houses of parliament , which first raised them principally for their defence ; [ printed by their order in their book of declarations , the history of independency , and my speech in parliament , ] their impeachment of eleven members of the house of commons , and sundry lords at once ; their securing of above 40 , and secluding of above five parts of six of the whole house of commons at once ; their * avowed marches with the whole body of the army , in ba●talia , severall times to force the houses , seise their members , over-aw , affright , dis-member , dissolve the parliament it self , and their own new erected junctoes since , and justification of it to all the world in print [ in their humble answer touching the secured and secluded members , jan. 3. 1648. the true state of the case of the commonwealth of england , 1654. and their declarations concerning their dissolution of their two junctoes ] after these misdemeanours of the king , without the least repentance for them , must needs be farre more execrable , unwarrantable and criminal , than the kings , and deserve a severer censure than his peccadilioes in respect of their crimes . and if by the * whole armies printed remonstrances , august 2. and 18. 1647. the tumult of some unarmed london apprentices , who offered some small force to the houses , to the violation of their priviledges , ( without securing or secluding any one member ) deserved a speedy and exemplary capital proceeding against the principal contrivers and actors in it , * as they then declared , and vehemently urged again and again in those remonstrances ) or if by their own charge in the name of the whole army , june 14. 1647. against the xi . members , it was so high an offence in them , that they joyntly or severally invited , encouraged , abetted or countenanced several reformadoes , and other officers and souldiers tvmvltvovsly and violently to gather together at westminster , to affright & assault the members of parliament in passages to & from the ho●se , to offer violence to the house it self , & by svch vnrvly ovtrages & threats to awe and inforce the parliament ; and that upon their bare suggestion thereof ( without any proof at all , or colour of truth ) they presently demanded , that the persons impeached might be forthwith seclvded from sitting in the hovse , and removed thence , before any hearing or trial , which the officers and army eagerly pressed in their paper of june 15. 1647. nay , if by their own late printed instrument of the government of the commonwealth of england , &c. articles 14. 16. all and every person and persons , who have aided , advised , assisted , or abetted in any war against the parliament since the first day of january , 1641. ( unlesse they have since been in the service of the parliament , and given signal testimony of their good affections thereunto ) shall be disabled , and be uncapable to be elected , or to give any vote in the election of any member to serve in the next , or in the three succeeding triennial parliaments : and all votes and elections given to the contrary , shall be null and void . and if any person so made uncapable , shall forfeit one full years value of his real estate , and one full third part of his personal estate , in case he shall give his vote for election of members to serve in parliament : as they there adjudge ; though such persons as they intend thus to disable , never waged any actual war against the parliament it self , or its members , immediatly , but only against the forces raised by the parliament , and so mediatly and indirectly only against the parliament , ( the case of all the late kings adherents and assistants , not within the letter , but meaning of these articles : ) then doubtless those army-officers , souldiers , and their confederats , who advised , sided , assisted abetted in one or more wars against the parliament houses , and parliament members themselves , whom they immediately assaulted , forced , secured , secluded , dissipated , dissolved , destroyed , and have justified it several times in print , without giving any signal testimony of their good affections to the parliament ; and in this their instrument have laid * many chains , clogs , restraints , on all new future parliaments , of their own framing , inconsistent with the honour , freedom , priviledges , being of real english parliaments ; deserve a farre higher and severer censure than these apprentices , or impeached members did in their repute ; or those members they most insolently accuse and impeach , in their declarations of june 2● . and august 18. 1647. ( not to be presidented in any age since the creation , till then : ) and they all are by their own verdict , instrument , totally disabled ( as much as the archest malignants and cavaliers ) by the very letter of these articles , to be elected , or give any vote for the election of members in the four next succeeding parliaments ; and those who have given their votes in the late elections , have thereby forfeited at least one full years value of their real , and one full third part of their personal estates ; and deserve as high , ( if not an higher ) censure , as any sequestred , or other delinquents condemned formerly by them , for bearing arms , levying or abetting any war , but only mediately against the parliament ; and as high an uncapacity to be put not only on themselves , but their heir males to serve in parliament , as the statute of 21 r. 2. c. 6. imposed heretofore on others , for a farre lesse offence ; to secure the members and priviledges of all succeeding parliaments , from such unpresidented forcible violences , ruptures , dismembrings , dissolutions , as the last parliament sustained , by the armies outrage and confederacy against them , ( of most dangerous president to posterity ; ) of which i desire to make them truly sensible . the last real and * duly constituted english parliament we had , were so deeply sensible , of the dangerous destructive consequences of securing or secluding their members , and keeping them from the houses , upon any impeachments or surmises , without the notice and consent of the house ; that in their forementioned remonstrance of nov. 2. 1642. they claimed and asserted this . to be so clear and essential a priviledge of parliament , * that the whole freedom thereof dependeth upon it . that no member of either hovse of parliament was to be proceeded against , or judged , nor taken away , or detained from the service of the house , whereof he is a member ; ( no , not in case of treason , felony , or breach of peace , much lesse in any other ) until such time as that house hath satisfaction concerning the cause : though in such cases they confessed , he might be arrested by the officers of parliament , or any other ministers of iustice , to the intent only , that he might be brought to the parliament corpus cum causa , and deteined in safe custody till he may be brought to the parliament ; but not to be proceeded against in any inferior court , before such time● as the cause be heard in parliament , and dismissed from it . for ( else ) who se●s not , that by this means , under false pretences of crimes and accusations , svch and so many members of both or either hovse of parliament may be taken ovt of it at any time , by any persons to serve a tvrn , and to make a major part of whom they will at pleasvre . and as the grand inquest of the whole kingdom should be ( by this means ) subject to the grand inquest of one particular county ; so the whole representative body of the kingdom should be at the devotion of a middlesex iury , ( as since of their own army , raised to protect them from these mischiefs . ) and therefore , as the freedom of parliaments dependeth in a great part vpon their privileges , and the freedom of this nation upon the freedom of parliaments , we have good reason to beleive , that the people of england knowing their lives and fortunes are bound up in this bundle , will venture their lives and fortunes in this quarrel : which i intreat all those who have so highly infringed this principle privilege of parliament of late years , with all the people of england now seriously to consider , to vindicate , preserve it in all succeeding ages from the like violations , if ever they expect to be freemen , or to enjoy free english parliaments again ; * which are such an essential part of the constitution of the kingdom , that we can attain to no happinesse without them , and like hipocrates twins , we must laugh and cry , live and die together with them . now farther to convince the army-officers , souldiers , of their late great injustice to , and affronts , contempts against the parliament which raised them , in relation to our ancient fundamental government and chief member of the parliament ; i shall desire them and all their confederates in cold blood , seriously to consider , whether they have not , by their undutifull , violent proceedings against them , contrary to the votes , declarations , remonstrances of the parliament , endeavoured ( as much as in them is ) to falsifie this clause in both houses declaration nov. 2. 1642 * although they would perswade his majesty , that there is little confidence to be placed in our modesty and duty ; yet , as god is witnesse of our thovghts , so shall our actions witnesse to all the world ; that to the * honor of our religion , and of those who are most zealous in it ( so much strucken at by the contrivers of that declaration , under odious names ) we shall suffer more for and from our soveraign , than we hope god will ever permit the malice of evil counsellors to put us to : and although the happinesse of this and all kingdomes dependeth chiefly upon god ; yet we acknowledge that it doth so mainly depend upon his majesty , and the royall branches of that root , that as we have heretofore , so we shall hereafter , esteem no hazard too great , no reproach too vile ; but that we shall willingly goe through the one , and undergoe the other , that we , and the whole kingdome may enjoy that happinesse , which we cannot in an ordinary way of providence expect from any other fountain or stream , than those from whence ( were the poison of evil councels once removed from about them ) no doubt , but we and the whole kingdome should be satisfied most abundantly . and on the contrary , have they not fully and actually verified , in respect of themselves and their confederates in the houses , this odious aspersion , then ( only in prediction ) cast by the king on the parliament , but by them at that time renounced with greatest detestation ; and drawn those sad consequences on the whole kingdom , wherewith both houses conclude that declaration in these words ? 7. * that the representative body of the whole kingdom ( since dissolved by the army ) is a faction of malignant , schismatical , ambitious persons , whose desion is and alwayes hath been to alter the whole frame of government , both of church and state , and to subject both king and people to their own lawlesse arbitrary power and government , and that they design the ruine of his majesties person and of monarchy it self : and consequently that they are traitors and all the kingdome with them , ( for their act is the act of the whole kingdome ) and whether their punishment and ruine may not also involve the whole kingdom in conclusion , and reduce it into the condition of a conquered nation ( as some army officers , & souldiers openly averre we are now reduced to by and under them ) no man can tell : but experience sheweth us ( and now we find it most true in the * army-officers , covncell , sovldiers ) that svccesse often draws men not onely beyond their profession ; but also many times beyond their first intentions . surely as the armies and their confederates late proceedings in relation to themselves , ( though not unto the forced , dismembred , dissolved parliament , and secured members ) have fully verified this charge in every particular , then reputed most false and scandalous ; which i thus press upon their consciences at this time , and so largely insist on , not to defame or asperse them to the world , as many others do , who apply that black character of ier. 9. 2. to 6. c. 12. 6. rev. 3. 10. to 19. ( they are all an assembly of treacherovs men : thine habitation is in the midst of deceit , &c. destruction and misery are in their wayes , and the way of peace they have not known ; there is no fear of god before their eyes ) unto them in a more eminent manner , as being really verified by their unparalleld exorbitances formentioned ; but to vindicate the innocency , integrity of the majority and secluded members of both houses , against the scandalous printed aspersions of militiere and other papists , to preserve and justifie the honour of our reformed religion , and of the most zealous professors thereof ; to restore , re-establish if possible , the priviledges , the freedom of all future parliaments , much impaired , endangered by their heady violent proceedings , and most pernicious presidents to posterity ( if not publikely abominated , exploded by them , or exemplarily punished ( to deterr all others from their future imitation ) to convince them by what jesuitical , popish , old court-principles , counsels , practises , they have hitherto been misguided ; and to reclaim them , as much as in me lieth , for the future , from the like destructive . practises , for the publick safety , peace , settlement of our distracted kingdoms ; and do most earnestly beseech them , as they are english-men , souldiers , christians , seriously to repent of and lay to heart , lest they perish eternally for them at last ; as likewise to take heed , lest by teaching and instigating the common souldiers of the army , to suppresse , oppresse , betray the parliament , kingdom , people , who raised , payed , and entrusted them only for their safeguard and defence , they do not thereby instruct and encourage them at last to betray and destroy themselves ; it being a true observation of * seneca the philosopher , aliquando tyrannorum praefidia in ipsos consurrexerunt . perfidiamqve et impietatem et feritarem , et qvicqvid ab illis didicerant , in ipsos execrervnt : quid enim potest ab eo quisquam sperare , qvem malvm esse docvit ? non diu paret , nequitia , nec quantum jubetur , peccat ; as we have seen by many late presidents : so the army-officers , souldiers great successes in all their wars , designs , and forcible ill proceedings against the king , parliament , kingdom , government , laws and liberties ; as it hath caused them not only beyond their professions , but also beyond their first intentions , commissions , protestations , to forget that gospel-precept given to souldiers , luke 3. 14. to advance themselves to a more absolute soveraign arbitrary power over them , than ever any kings of england claimed or pretended to , ( as their late proceedings , remonstrances , and transcendent instrument of the government of the three kingdoms , manifest ; ) so it hath been the f principal ground , whereby they have justified all their unpresidented forementioned exorbitances , as lawfull , commendable , christian : and that which hath struck such a stupifying pannick fear , such a stupendious cowardize , baseness , sott●shness , into the generality of the nobility , gentry , ministery , and commons of our late most heroick english naton , that there is scarce t a man to be found throughout the realm of any eminency ( though we should seek after him like diogenes , with a candle ) that dares freely open his mouth against their most irregular , illegal , violent , destructive arbitrary proceedings , usurpations , innovations , oppressions , taxes , projects , to the shaking and utter subverting of our ancient fundamental laws , liberties , rights , properties , parliaments , parliamentary priviledges , government , and taking away of the very lives of some ( and thereby endangering the lives of all other ) english freemen of all degrees , in mischristened high courts of justice . such a strange charm is there in success alone , to metamorphise men into meer v temporising , slavish , sordid sotts and beasts ; yea , to cause not only persons truly honourable , but the very x devil himself , and the worst of beasts , to be wondred after , applauded , adored , not only as saints , but gods. we read rev. 13. of a monstrous deformed beast , to whom the dragon ( the devil ) gave his power , seat and great authority ; whereupon , all the world wondred after the beast , and worshipped not onely the dragon , that gave him power , but the beast likewise ; saying , who is like unto the beast ? who is able to make war with him ? and there was given unto him a mouth speaking great things , and blasphemies , and power was given him to continue and make war forty and two months . and power was given unto him to make war with the saints , and to overcome them ; and power was given him over all kindreds , and tongues , and nations . and ( herevpon it follows ) all that dwell upon the earth shall worship him , whose names are not written in the lambs book of life . and another beast ( under him ) caused the earth and all that dwell therein to set up the image of this beast , and to worship it ; and he caused all both small and great , rich and poor , free and bond , to receive the ma●k of the beast in their right hand , and in their foreheads ; and none might buy or sell , but he that had this mark ; and as many as would not worship this beasts image , were ordered to be killed . yet this blasphemous beasts reign and power continued but forty two months , rev. 13. 5. this beast , ( in the height of his power and victories ) was by god himself , threatned to go into captivity , and be killed with the sword , as he had led others into captivity , and killed them with the sword , ver . 10. all his followers and worshippers shall ( soon after ) drink of the wine of gods wrath , and be tormented with fire and brimstone , &c. rev. 14. 9 , 10 , 11. the saints at last shall get the victory over this beast , rev. 15. 2. and the beast himself ( notwithstanding all his former victories , friends , and great armies ) was at last taken , and his false prophet with him ; and were both cast alive into a lake burning with fire and brimstone , and all his forces were slain with the sword , and the fowls were filled with their flesh , rev. 19. 18 19 , 20 , 21. from which texts i have frequently silenced , confounded some of our conquering army-officers and souldiers , whiles prisoner under them , when they were vapouring of their great victories , successes , and concluding from thence , both their saintship , and the goodness of their actions ; saying oft-times like the beasts followers here , who is able to make war with us ? and that with these genuine deductions from these texts , which they could not reply against ; worthy all souldiers and others saddest meditations . 1. that god may , nay oft-times doth give great power to the very worst and most blasphemous of all men and beasts ; & that not only over one or two , but many tongues , nations , as in this text , and dan. 7. 3 , to 29. c. 8. 4. to 27. 2. that such beasts many times may , and do not onely make war with , but even overcome the very saints themselves in battel , as the babylonians , assyrians , and other ungodly beasts did the israelites , gods own saints and people , psa . 79. 1 , 2 , &c. dan. 7. 21 , 23 , 24 , 25. isa . 10. 5 , &c. c. 14. 16 , 17. jer. 26. 6 , 7 , 8. c. 25. 9. &c. yet they were but blasphemous beasts , and wretches still , not saints . 3. that if such beasts have but great power and success in their wars , enterpri●es against their enemies , or the saints themselves ; though their mouths utter blasphemy against the god of heaven , his name , tabernacle , saints ; though their actions , designs be never so impious , atheistical , treasonable , detestable : their power but short and fading , yet whiles they are in power and prosperity , the whole world will wonder , run after , worship , flatter , saint , deifie and adore them for gods , ( as y alexander the great , and julius caesars friends , flatterers did them ; and some wicked popes favourites them too ; ) yea , set up , and worship their very images , receive their marks in their hands , foreheads , and extol them to the skies , saying , who is like unto the beast ? who is able to make war with him ? 4. that such adulatious speeches , vaunts , practises as these , and such arguments of saintship , of the goodnesse of mens causes , undertakings , actions , only from their present power , victories and successes , are the arguments , practises , of worldly , earthly , beastly men ; of worshippers of the beast and dragon of z assyrians , turks , popes , not of the elect real saints of god , whose names are written in the lambes book of life ; who will neither flatter , worship , nor adore such beasts , nor receive their marks in their hands or fireheads , though they be prohibited to buy or sell , or slain for refusing it by their instruments , rev. 13. 8 , 15 , 17. dan. 3. 12. to 29. 5. that such beasts in power , will never want under-beasts and instruments , nor yet a false prophets to perswade or enforce obedience and subjection to them , even by dis-franchisements , death , lying wonders , flattering prophecies , speeches , sermons , and hypocritical mock-fasts . 6. that the power and dominion of such beasts , is given and derived to them immediatly by the dragon ( the b prince of the power of the air ) only by gods permission , not his approbation ; rev. 13. 2. hos . 8. 4. 2 thess . 2. 4 , 8 9. and that in wrath , for the punishment of the peoples sins , and destruction , greater condemnation of the beasts themselves at last . hos . 13. 11. rev. 13. and 14 , and 19. psal . 94 , 23. ier. 51. 24 , &c. c. 5 ● . throughout . hab. 2. 6 , 7 , 8. 7. that this their dominion , raign and triumph , is commonly very short , like this beasts here for forty two months , rev. 13. 5. which is but three years and an half c julius caesar that great first conqueror of this island and a great part of the world ; usurping the supream power over the roman senate , and changing the government , lived only five months a soveraign lord in peace ( though some compute his whole dominion 3 years and 7 months ) and then was suddenly stabbed to death in the senate-house , by those friends in whom he reposed greatest trust ; for his tyrannical usurpations , and alteration of their former government ; for endeavouring ( as was suspected ) to make himself king of the romans , ( though he rejected the title of king when offered unto him by m. antonius , saying , that jove was only king of the romans , that so he might seem to be compelled to receive it by the people , ( being their king before in deed , though not in name : ) and for saying , that the * commonwealth was but a voice or name , without a body or substance . nullum violentum est diuturnum , see isa . 10 , and 14. iob. 20. 4 , 5 , &c. psal . 37 and 73. psal . 92. 6 , 7. isa . 17 , 13 , 14. 2 chron. 23. and sir walter rawlies preface to his history of the world , worthy serious perusal by the grandees of these times . 8. that in conclusion such conquering , usurping beasts , notwithstanding all their power , friends , followers , confederates , armies , policies , are usually conquered , taken , slain on earth , and cast into the lake burning with fire and brimstone for ever , for their tyrannies , blasphemies , bloodsheds oppressions of the people and gods saints , and their confederates , armies , false prophets , followers , adorers * destroyed with them even on earth ; and then made to drink the cup of gods wrath , fury and torments for ever in hell , isa . 10 , and 14. jer. 50. and 51. rev. 19. 19. 20 , 21. c. 6. 15 , 16 , 17. 9. that though they continue conquerors and victorious for many years ; and conquer not only , one , two or three , but many kings and kingdoms ; cut off not only the thumbs of their kings , that they might not lift up a sword against them , and their great toes , that they may not run from them , but their heads too ; yet god at last ( in his retaliating justice ) doth usually pay them home in their own coyne , as is evident , not onely by * bajazet the turkish emperour , our * king penda , ( who slew no lesse than 5. christian kings in several battles , took sundry other kings prisoners , and at last was slain himself , with all his old victorious captains and souldiers , by king oswi , and a small despicable army of raw souldiers , not half so many as they , ann. 655. who thereupon seized on his kingdom ) and others in prophane stories ; but by that memorable history of d adonibezeck ; who after his conquest of no less than seventy kings , ( who ever in this latter age , conquered one quarter so many ? ) and tyrannizing over their persons , was , by a small party of judah and simeon , fought with on his own dung-hil , his victorious old army totally routed , ten thousand of them slain , himself forced to fly , pursued , and taken prisoner by these contemptible enemies , who cut off his thumbs and his great toes . whereupon adoni-bezek ( though an idolatrous canaanite ) used these memorable words , worthy all conquerours and tyrants memorial ; recorded by god himself to all posterity , iudges 1. 7. threescore and ten kings having their thumbs , and their great toes cut off , have gathered their meat under my table ( like so many dogs rather than kings ) as i have done , so god hath rewarded me : and they brought him ( prisoner ) to ierusalem , and there he died . see the like retaliation threatned , inflicted . hab. 2. 6 , 7 , 8. isa . 33. 1. dan. 7. 23. to 27. obad. 15. ezech. 35. 5 , 6 , 15. rev. 16. 5. 6. ier. 51 , and 52. nah. 3. 1. &c. rev. 13. 10. ioel 3. 6 , 7 , 8. deut. 32. 43. isa . 10. & 14. 2 chron. 22. 10. compared with c. 23. 12. to the end . 10. that the elect saints of god , do by faith in the word of god , and upon consideration of the usual providence and justice of god towards such beasts and bloody conquerors , most assuredly see their downfall , and with patience expect it , rev. 13. 9 , 10. if any man have an ear let him hear . e he that leadeth into captivity , shall go into captivity ; he that killeth with the sword , mvst be killed with the sword : here is the patience and the faith of the saints . o that we had this patience and faith within us now ! 11. that upon this faith and assurance , the true elect saints of god , neither will , nor do , nor dare to admire after , follow , worship or adore such b●asts , or their image , nor receive their marks in their hands , or foreheads , though all the world else readily do it without opposition ; enduring patiently rather to be warred upon , killed , secluded from buying or selling any thing , then unchristianly to adore , subject , or enslave themselves unto them , rev. 13. 2 , 15 , 17. esther 3● 1 , to 7. 2 kings 3. 13 , 14. iohn 10. 4 , 5. dan. 3. 4. to 30. 1 king. 19. 18. 2 chron. 11. 13. to 18. which serious seasonable considerations , as they should daunt the hearts and allay the high presumptious spirits of the most successfull conquerors , powerfull usurpers over and violent invaders of the liberties , lives , estates , rights , properties of their lawfull superio●s or christian brethren , and all subverters of the laws , priviledges , parliaments , government of their native country , especially against their oathes and trusts : so the meditation on them , together with the contemplation of the infinite power , wisdom , faithfulness , iustice , holiness , presence , and gracious promises of god , have at all times and seasons hitherto , invincibly animated , steeled , fortified my soul in the midst of all my sufferings , both under the domineering prelates , parliament-assaulting army-officers , the late tyrannical cashiered republicans , and all other self-created oppressing powers , which ( if not already dead and buried in the dust , with all their thoughts and high aspiring projects , ) yet shall certainly f die ere long like men , and become us dung ; yea , they have enabled me by faith and patience to be g more than a conquering triumpher over them : and to sing aloud with magnanimous david ( a man after gods own heart ) long before their down-fall , psal . 27. 1 , 2 , 3. the lord is my light and my salvation , wh●m shall i fear ? the lord is the strength of my life , of whom shall i be afraid ? when the wicked even mine enemies and my foes came upon me to eat up my flesh , they stumbled and fell . though an host should encamp against me ( as they did at westminster , at my house , and in sundry garrisons , where i was a prisoner under souldiers ) my heart shall not fear : though war should rise against me , in this i will be confident . i will not be afraid of ten thousands of people that have set themselves against me round about . and to cry out in pauls words of defiance against all enemies and perils in the cause of my god and country ( uttered in his own and all true elected saints names ) rom. 8. 35 , &c. who shall separate us from the love of christ ? ( or our native country , as well actively as passively considered ; ) shall tribulation ? or distress ? or persecution ? or famine ? or peril ? or sword ? ( of an whole army , or other powers ) nay , in all these things we are more than conquerors through him that loved us . for i am perswaded , that neither death , nor life , nor angels , nor principalities , nor powers , nor things present , nor things to come , nor height , nor depth , nor any other creature , shall be able to separate us from the love of god , which is in christ iesus our lord. and to say with him in all threatned dangers for my sincere conscientious publick services , act. 20. 22. 24. and now i go bound to jerusalem , not knowing the things that shall there befall me , save , that the holy ghost witnesseth in every city , saying ; that bonds and afflictions wait for me . but none of these things move me , neither count i my life dear unto me , so ●s i may finish my course with joy , and the ministery which i have received of the lord iesus , &c. and verily me thinks the serious contemplation thereof , and of all the premises , with that of 2 sam. 10. 12. isa : 51. 12. 13. ier. 1. 8. ezech. 2 ▪ 2 , to 6. matth. 10. 26. 28 coupled with psal . 11. 2. if the foundati●ns be destroyed , what can the righteous do ? prov. 24. 22 , 23. my son , fear thou the lord and the king , and meddle not with those who are given to change ; for their calamity shall rise suddenly ( which we have seen verified in many late changers , mock parliaments , and self created new powers , ) and wh● knoweth the ruine of them both ? should now at last banish all base carnal fears out of all timerous hearts , rouse up the languishing , fearfull , dead , stupid spirits of our degenerated english nation , and engage them all unanimously , undauntedly to claim , vindicate , regain , re-establish those ancient undoubted hereditary fundamental rights , ●iberties , priviledges , franchises , laws , government , ( purchased with their ancestors & their own dearest blood , sweat , treasures ) which belong to the whole kingdom ; to all true english parliaments , freemen in general , and to every of them in particular ; whereof they have of late years been forcibly disseised , or ●ypocritically cheated by pretended patrons , preservers , and propuguers of them ; the substance whereof i have here set before their eyes in ten brief propositions , and by records , statutes , presidents , histories , contests , resolutions in all ages , undauntedly , ( as their common advocate ) asserted , fortified to my power , for their encouragement and president in this publick work . and if they will now but couragiously second me herein , with their joyn● , bold , rightfull claims , votes , declarations , and resolut● demands of all and every of their enjoyments , and future inviolable establishments ; with strenuous oppositions of all illegal perpetual imposts , excises , contributions , payments ( the chief nerves and cords to keep them still in bondage by mercinary forces , supported only by them to keep them still in slavery ) according to their oaths , vows , protestations , duties , manifold late declarations , remonstrances , solemn league , covenant , and the encouraging memorable presidents of their ancestors in former ages here , recorded ; i dare assure them ( by gods blessing ) a desired good-success , whereof their * ancestors never failed : no mortal powers nor armies whatsoever , having either impudency or ability enough to deny , detain them from them , if they will but b generally , unanimously , couragiously , importunately claim and demand them as their birth-rights . but if they will still basely disown , betray , and cowardly desert both them and their assertors , and leave them to a single combate with their combined jesuitical enemies ( whom none take care to discover , suppress or banish out of our realms , where they now swarm more than ever ) and armed invaders ; the fate of our old english britons , when they improvidently neglected to unite their counsels , forces against , and fought only singly with the invading united armies of the romans , is like to be englands condition now ; i dum pugnant singuli , vincunntur universi : the single champions of our liberties , laws , rights , will be easily over-powered , destroyed , for the present ; and all others ( by their unworthy treachery and baseness , in not adhering to , but abandoning their present patrons ) discouraged , disabled to propugne , regain them for the future : and the whole kingdom vanquished , yea enslaved for eternity in all humane probability , to those who have broken your k former yokes of wood , but instead thereof have made for , and put upon you yokes of iron : and by the jesuites machiavilian plots and policies , will reduce you by degrees under a meer papal yoke at last , having deeply leavened many in power and arms , with their forementioned most desperate jesuitical positions , practises and politicks , which will soon usher in the whole body of popery , and all damnable heresies whatsoever , by degrees , to the ruine of our religion , as well as laws and liberties . wherefore , seeing it neither is , nor can be reputed treason , felony , sedition , faction , nor any crime at all , but a commendable bounden duty , to which our protestations , oaths , leagues , covenants , reason , law , conscience , our own private and the publick interest , safety of the nation engage us , for all and every freeborn englishman , joyntly and severally to claim , maintain , preserve , by all just , honourable , publick and private wayes they may , their unquestionable hereditary birth-rights , laws , liberties , parliamentary priviledges , &c. here asserted and presented to them , after so much blood , treasure , labour spent to rescue them out of the hands of old and late oppressing tyrants ; nor any offence at all , but a praise-worthy service now in me , or any other , publickly to encourage them to this duty , ( and the strenuous defence of our endangered undermined protestant religion , subverted with our laws & liberties , and living or dying together with them ) at this present season , as i have done heretofore upon all occasions ; and seeing none can justly censure them or me , for discharging our oathes , consciences , covenants , protestations , duties in this kinde , but such as shall thereby declare themselves publick enemies and trayters to the whole nation , laws , government , parliaments of england , as the resolutions , presidents , * herein cited , yea their own best friends , ( and our † reformed religion too ) have already adjudged them : and seeing * sir thomas fairfax and the general councel of his army , held at putney sept. 9. 1647. in their declararation , concerning the fvndamental avthority & government of the kingdon ; printed by their appointment , in these words : whereas a member of the general councel of this army , hath publikely declared and expressed himself , that there is no visible authority in the kingdom , bvt the power & force of the sword , ( as others of them say since , and now both by words and deeds , without controll . ) we therefore the said general councel ( to testifie . how farre our hearts & minds are from any design of setting up the power of the sword above or against the fundamental authority & government of the kingdom & our readinesse to maintain and uphold the said authority : ) have by a free vo●e ( in the said councel , no man contradicting ) judged the said member , to be expelled the said councel . which we hereby thought fit to publish , as a clear manifestation of our dislike & disavowing svch principles or practises , ( which notwithstanding they have since avowed pursued in the highest degree ; and i desire them now to repent of ▪ reform , and really make good ) have engaged to maintain and propugne with their swords , what i here endeavour to defend , support , with my pen. and seeing they intituled their printed papers , a declaration of the engagements , remonstrances , reprèsentations , proposals , desires , and resolutions , from his excellency sir tho : fairfax , and the general covncel of the army , for setling of his majesty in his jvst rights , the parliament in their jvst privileges , and the svbjects in their liberties & freedoms . also representations of the grievances of the kingdom , & remedies propovnded , for removing the present pressvres whereby the svbjects are bvrdened ( and excises , taxes amongst the rest ) and the resolutions of the army , for the establishment of a firm & lasting peace in chvrch & kingdom , printed by their own , and the lords house special or●er , london 1647 : the self-same things i here contend , plead for , ( which i wish they would now really make good by their future consultations and actions to avoid the just censures of meer hypocrites and impostors , as the whole world will else repute them . ) i shall therefore exhort not only the whole army , army-officers , and their general councel ; but likewise the whole english nation , and all real lovers of their own or their countries liberties , peace , laws , ease , safety , religion , and future establishment in this common cause , in the words of the philistines one to another in a time of need , when they were greatly affraid , 1 sam. 4. 9. be strong and l quit your selves like men , o ye philistines , that ye be not servante to the hebrews , as they have been to you● quit your selves like men , fight , &c. that so ( as the apostle writes in the like case , phil. 1. 27 , 28. ) whether i come and see you , or be absent from you ▪ i may hear of your affairs , that ye stand fast in one spirit , with one mind , striving together for the faith of the gospel ; ( and the ancient fundamental laws , liberties , rights , priviledges , parliaments , government and religion of our realm , which the jesuites and their instruments make their master-piece totally to undermine and subvert ) and in nothing terrified by your adversaries , which is to them an evident token of perdition , but to you of salvation , and that of god. if the presidents of your renowned ancesters here recorded ; the paterns of m many gallant pagan romans , graecians , who have spent their lives , for their countries , laws , liberties ; or if my example and these my lucubrations shall provoke you hereunto ; i shall think my labour well bestowed ; and you and your posterities worthy to live like english-freemen . but if you wil now neither manfully demand , speak , nor contend for them any more , out of a slavish fear of a prevailing army raised only for their just defence , or any other humane powers whatsoever ; nor once adventure with united spirits now at last , so much as confidently , boldly to ask these your unquestionable birthrights at the thrones of any mortal grandees , your fellow-subjects , when god almighty himself commands you , to come with boldnesse to his coelestial throne of grace , that you may obtain ( not meer right as here , but ) mercy it self , and grace to help in time of need , heb. 4. 16. qui timide rogat , docet negare ; you can neither hope for , nor ever obtain them for the future , but deserve eternally to forfeit them , and you and yours to be made slaves for ever : however i ( though these collections prove successless ) shal carry this as a comfortable cordial with me to my grave , that i have faithfully discharged my conscience and bounden duty to my degenerous native country , by endevouring all i could both to make and preserve it free indeed ; to detect and prevent all jesuitical plots and practises , to undermine , imbroyl , divide , subvert , ruine it ; and used my utmost sincerest constant endeavours in my place and calling herein . but if through the malice , tyranny or injustice of any prevailing enemies of publick freedom , or jesuitical agents , i shall chance to suffer for it in any kind , ( as i have formerly done for most of my publick services of this nature ) be it close-imprisonments , fines , pillories , stigmatizings or death it self ; i shall onely say beforehand , as gregory the great did heretofore : indict . 2. epist . 78. in causa qua deo place●e cupio , homines non formido : and as noble heroick esther did , in a like publick case for her endangered captivated nation , n if i perish , i perish : and this my unrighteous suffering , shall be a new glorious permissive , ordering , over-ruling providence , doth no wayes justify nor extenuate the guilt of any traytors , rebels , murderers , conspirators sinnes ▪ treasons , rebellions , murders , regicides , conspiracies , rapines , oppressions , or wicked devices , which he permits them to plot , act , accomplish ; so it doth in no wise exempt them in gods or mens esteem from being the true original plotters , contrivers , and immediate instrumental actors of them ; nor from the divine or humane punishments which they in justice demerit ; as is most evident by gen. 50. 15. to 21. psal . 37. 7. 9. prov. 24. 10 , 21 , 22. iob 20. 5 , 6 , &c. 1 kings 12. 12. to 25. c. 15. 23. to 30. c. 16. 1. to 30. specially ver . 7 , 8. 2 kings 11. 1. to 17. c. 14. 5 , 6. c. 15. 8. to 32. c. 17. 21 , 22. 1 sam. 8. 2 sam. 1. 2. to 17. c. 4. throughout . hos . 1. 4. c. 8. 4 , 5. isay 29. 15 , 16 c. 10. 5 , 6 , 7 , &c. acts 1. 16. to 21. c. 2. 23. 1 thess . 2. 14 , 15 , 16. mat. 27 ▪ 3 , 4 , 5. compared together . and if we should look upon all our late changes , revolutions in our kingdoms , government , church , parliaments , religion , laws , ( wrought by the iesuites and their instruments ) as the meer wonderfull immediate productions and glorious operations of god himself in the world , and upon the instruments imployed in them , only as gods own precious chosen saints and servants , accomplishing nothing but his own determinate will , providence , councel , ( though to satisfie their own ambition , covetousnesse , malice , rapine , blood-thirstinesse , lusts ) as many now proclaim them , and not as conspirators , treacherous , perfidious , pernicious malefactors in the highest degree , as well as iack cade , wat tyler , strafford , canterbury , or the murderers of our saviour , joash , ishbosheth , with other kings heretofore , and of henry the 3. and 4. of france , of late ; there should then be no traytors , conspirators , murderers , sinners , treasons , conspiracies , murders , sinnes , in the world ( being all perpetrated by gods permissive providence ) no law , nor hell to punish them : and it would be no less than a direct resisting , fighting against god and his providence , for any christians , kingdoms , kings , or loyal subjects , to pray against , resist , oppose the treasons , murders , conspiracies , vsurpations , rebellions , innovations , plots , of any iesuites or romish emissaries , or their under-agents , against our kings , kingdoms , governors , parliaments , laws , liberties , government and religion ; which would be professed blasphemy , or frenzy at least , for any man to affirm . 2. that this iesuite parsons ▪ in his ●o●ks of the reformation of all the states of england , as he prescribed reformations to the prince , court , counsellors , noblemen , bishops , prelates , pastors , universities , lawyers , laws , in which he will have strange metamorphoses ; so likewise , the covrt of parliament he will have brovght to better form , as w. w. ( a secular priest ) in a dialogue between a secular priest and a lay-gentleman , printed at rhemes , an. 1601. p. 95. watson in his quadlibets , p. 92. to 96. 320. to 334. william clark ( a s●cular priest in his answer to father parsons l●bel , p. 75. &c. ) in direct terms attest . and may we not then justly suspect , that the late new-models and reformations of our kingdoms , parliaments , government , laws , &c. ( originally promoted by our * army counsels , and officers ) proceeded primarily from the iesuites projections & plots against them , if the statutes of 23 eliz. c. 1. 27 eliz. c. 2. 35 eliz. c. 2 , 3. iac. c. 1 , 2 , 4 , 5 , 7. 7 iac. c. 6. and the manifold declarations of both houses of parliament , exact collection , p. 491 , 492 , 497 , 498 , 616. 631 , 666 , 698 , 813 , to 828. may be judges ? 3. that the iesuites drift directly is ( immediatly by means of * conquest intended for england ) to bring it and all christendom into an uproar , for common sovldiers to examine their soveraigns , what title they hold by ; that thereupon themselves by craft , money and multitudes gathered together through their policy , may bring england , ( and then ) spain , and all the rest under their subjection and monarchy : and that principally by this iesuitical position ; that every precopie or tartarian multitude , getting once the stile and title of a publick state , or helvetian common-wealth , may alter , change and innovate the course of inheritances and succession to crowns and kingdoms , and also to every private persons heritage holden in fee-s●mple : as b william watson assures us in these very terms . and whether the jesuites have not instructed our army officers and common souldiers upon this pretext , and for this very end , to examine their soveraigns , yea , our parliaments titles , priviledges , and powers too of late , and dispose of , reject , suppress them at their pleasure ; let themselves , the whole nation , with all in present power , in the fear of god , most seriously consider , without passion or affection , before it be over-late . 4. that the oathes of supremacy and allegiance ( which all members of parliament ought by law to take , before they can sit , or vote as members ) specially made and prescribed by our most wise , zealous c protestant parliaments , to prevent the treasonable plots and designs of popes , iesuites , and papists , against our protestant princes , realms , parliaments , religion , though confirmed by many statutes , and containing in them , only the declaration of such a duty , as every true and well-affected subject , not only by the bond of allegiance , but also by the commandment of god , ought to bear to the king , his heirs and successors ; and none but * persons infected with popish superstition formerly oppugned , ( as the prologue of the statute of 7 iacobi c. 6. positively resolves ) have by late state innovators , not only been discontinued , suspended , but declaimed against and repealed ( as much as in them lay ) as d vnlawful oaths ; the old lawes against iesuits and popish seminaries , discontinued , abrogated , or coldly executed . e the new oath for abjuration of popery , with all bills against iesuites and papists , presented to the late king by both houses the last parliament , and by him consented to in the isle of wight , wholly laid aside , and quite buried in oblivion . the solemn protestation , league and covenant , prescribed by the last parliaments taken by all the well-affected in all the 3 kingdoms ( to f prevent the dangerous plots of papists , iesuites , and our common enemies to destroy our religion , churches , realms , government , parliaments , laws , liberties ) quite antiquated , dec●ied , detested , and a g new engagement forcibly imposed under highest penalties and disabilities upon all men , diametrically contrary to these oaths , protestations and covenants , which have been ( by a new kind of papal power ) publickly dispenced with , and the people absolved from them , to become sworn homages to other new self-created lords and masters . and are not all these , with the late proclaimed universal toleration and protection of all religions , to considerate zealous protestants , strong arguments of the jesuites predominancy in our late counsels , transactions , and changes of publike government ? 5. that the notion of the present government , ( in my weak apprehension ) derived its original from the iesuites late-invented h present church , the onely supream power and judge of controversies , which all men must submit unto , by a meer absolute blind obedience , and implicit faith , without dispute by their determination : as they must do , by a like iesuitical blind obedience ( newly taught and obtruded on us ) to that present republican government , and new optimacity , and popularity , lately set up instead of our monarchy . which two forms of government , and want of a king and monarchy , as they are the punishment of a peoples sins , and the transgressions of a land by gods own resolution , not a mercy . hosea 10. 3. c. 1. 4. ier. 18. 7. prov. 28. 2. ez● . 19. 14. lam. 4. 20. c. 5 , 7 , 8 , 12. so they were the inventions of factious grecians at first , w●ch * put all their cities into combustions , fury , frenzy , and civil wars against each other , to their utter overthrow in conclusion : witness these verses of i heniochus , a greek comedian : tum geminae ad illas accesserunt mulieres ( titas quae cuncta conturbarunt : optimaest nomen alteri : alteri popularitas ; ( runt . quarum incitatis pridem externatae fu● so the iesuits , k parsons , l campanella , m car. richelieu , designed to introduce & set them up among so us in engl. scotl. and ireland , of purpose to divide● destroy us by civil wars and combustions , and bring us under their jesuitical power at last , as the marginal authorities declare to all the world . and if this be undeniable to all having any sence of religion , peace or publick safety left within their brests , is it not more than high time for us to awake out of our former lethargy , & fordid , selfish stupidity , to prevent our ruine , by these and other forementioned jesuitical practises ? of can any englishman , or real parl. be justly offended with me for this impartial discovery of them ? or for my endeavours to put all the dislocated members and broken bones of our old inverted fundamental body politick , into their * due places , joints and postures again , without which there is no more n possibility of reducing it to its , pr●stine health , ease , settlement , tranquility , prosperity , or of preserving it from perpetual pain , inquietation , consumption and approaching death , than of a natural body whose principal members continue dis-joynted , and bones broken all in pieces , as all prudent state-physicians must acknowledge . these five considerations , together with the premises ; will i presume sufficiently wipe off all the malicious scandalous imputations , which militiere and other papists , have injuriously cast upon the principles and chief professors of our reformed religion , in relation to the late exorbitant proceedings against the king , parliament , the publike revolutions , confusions , ataxies both in our church & kingdoms ; and retort them on the iesuitical , papal , seditious , treasonable , antimonarchical principles and professors of their religion , especially the iesuits and french cardinals ( militiere his late lords and masters ) the original contrivers , and chief clandestine promoters of them , as every day more and more discovers to the world . and withall abundantly justifie this my undertaking & impartial discovery of jesuitical plots to ruin our church , religion , kingdoms , parliaments , laws , liberties , government , against all malicious enemies , accusers maligners whatsoever , before all the tribunals of god or men , where i shal be ready to justifie them upon all occasions . in perpetual testimony whereof , i have hereunto set my hand , and by gods grace shall ever be ready to seal them and the truth of god with my blood , if called out to do it . swainswick , aug. 12. 1654. william prynne . a seasonable legal and historicall vindication and chronologicall collection of the good old fundamental liberties , franchise● , rights , laws of all english freem●n ; ( their best inheritance , birth-right , security , against all arbitrary tyranny , aegyptian slavery and burdens ) of late years most dangerously undermined , oppugned , and almost totally subverted , under the specious feigned disguise of their defence , enlargement , and future establishment upon a sure basis . it is an universall received principle , and experimentall truth , beyond all contradiction , that no naturall structure , no artificial building , no civil or ecclesiastical corporation , realm , republike , government , or society of men ; no art or science whatsoever , can possibly be erected , supported , established , preserved or continued in their being or well-being , without fovndations ; whereon , as they were at first erected , so they must necessarily still depend , or else they will presently fall to utter ruine . hence it is ( to wave all humane authorities in so clear a verity ) that in gods own sacred unerring a word of truth , we finde frequent mention of the naturall b foundations of the the vast natural fabrick of the earth , heavens and world it self ; of the artificial , material c foundations of the material temple , wals , city of gods own most famous jerusalem ; and of private houses : of the spirituall d foundations of the spiritual temple , city , jerusalem , and whole church of god ; even jesus christ himself : of doctrinal e foundations , and first principles of religion ; christianity , salvation : yea , of the politicall foundations of kingdomes , republicks , churches , governments , states : which being once shaken , undermined , subverted , razed , or d●stroyed , bring unavoidable ruine and desolation upon them , ( psal . 11. 3. psal . 82. 5. jer. 50. 15. & 51. 25 , 26. micah 1. 6 , 7 , 9. ) even as we daily see castles , walls , houses to fall instantly to the ground , and become an heap of confusion , when their f foundations are blown up , decayed , or demolished . upon which consideration , those publike laws , which establish , fence , fortifie , support the fundamental constitutions , rights , liberties , priviledges of any nation , kingdome , republike , ( essentiall to their being and subsistence , as a free or happy people , against the invasions , underminings , enchroachments of any tyrants , vsurpers , oppressors , or publike enemies , are usually stiled fundamental laws ; and have ever been reputed so sacred , inviolable , immutable , in all ages , upon any pretences of necessity , or publike safety , that most nations , and our own english ancestors above others , have freely chosen to hazard , yea , lose their estates , lives , in their just defence , against such exorbitant tyrannical kings , and other powers , who by force or policy have endeavoured to violate , alter , or subvert them ; rather than out of a cowardice , sottishnesse , carelesnesse , or want of cordial love to the publike , to suffer the least infringment , repeal , or alteration of them to the inthrawling of themselves or their posterities to the arbitrary wils of such domineering tyrants and vsurping powers . now because , after all our old and new ( many years ) bloody , costly , dangerous contests and wars , for the maintenance of our good old fundamental liberties , laws , ●ights , priviledges , against all secret or open underminers of them , i clearly behold with grief of heart , that there is a strang monstrous generation of new tyrannical state-hereticks , sprung up amongst us ; who are grown so desperately impudent , as not only to write , but publikely to assert in print , in g books printed by authority , ( even in capitals , in every title page ) that the freemen and people of england have no such unalterable fundamental laws and liberties left them by their forefathers ( as our ancestours heretofore contested for , both in the field and parliament-house , with william the conqueror , henry the first , king john , henry the third , edward 1. 2. 3. richard 2. with other kings and princes ; and our late parliament● and armies too , with king james and king charls . ) that neither magna charta , nor the petition of right , nor the laws for trying malefactors by juries of their pears , are fundamental or unalterable ; but that the state physitians ( or rather mountebanks ) of our time ( who are not tied up to them , but left free unto themselves ) may lay them quite aside , either in part or whol , as they see cause . yea , have now attained to such a super-transcendent authority , that they may ( as they assert ) lay aside all parliaments & parliamentary wayes , & appoint something else , as more seasonable and proper to us , and as providence makes way for it , if they see it more conducing to the safety and good of the commonwealth ( that is , to their own privat interests , honors ; profits , securities , designes , oppressions , rapines , gilded over with this specious pretext ) and then peremptorily conclude , that to plead for these and other fundamental laws and liberties , as unalterable , ( though the only bulwarks & badges of our freedome ) is nothing else , but to enslave the nation : for by such a principle , people do not only lose their liberty , but are brought under such a kinde of tyranny , out of which ( as being worse than the aegyptian bondage ) there is no hope of deliverance . an absurd tyrannical paradox , transcending any i ever yet met with in any author ; stripping us naked of all our long enjoyed laws , liberties , franchises , great charters at once ; tending onely to reduce , and perpetually inthrall us under such an absolute aegyptian bondage and tyranny , without any hope of future deliverance from it , which some now endeavour * to entaile on us and our posterities for ever , by an iron law , and yoke of steel , in stead of restoring to us that glorious freedome , which we have so long expected from them in vain . and because i finde the generality of the nobility , gentry , clergy , commonalty of our nation , after all their late years expensive bloody wars , and parliamentary disputes , for the defence and preservation of these our ancient hereditary fundamentall charters , laws , liberties , priviledges , so strangely degenerated both from themselves , and their heroick prudent ancestors , as that they are more readily inclined , upon every occasion , out of a base , unchristian , unmanly , un-english fear , or sottish cowardise and stupidity , wittingly to desert , betray , surrender them al up into the hands of any invading vs●rpers , without the least publike claim , dissertation , defence , dspute ; then diligently or couragiously to cōtend or suffer for them , of late they did : so as that which paul once taxed in the ●lavish besotted corinthians , 2 epist . 11. 20. may be most truly averred of our degenerated , infatuated english nation : ye suffer if a man bring you into bondage , if a man de●●ur you , if a man take of you , if a man ex●lt himself ( above your laws , liberties , franchises , parliaments , kings , nobles , properties , lives , consciences , and all * that is called god , or warshipped ) if a man smite you on the face ; notwithstanding all their manifold late * protestations , vows , covenants , remonstrances , declaration● and publike engagements to the contrary . and withall , after diligent enquiry , discovering scarce one man of eminency or power in the nation , nor so much as one of my degenerated temporizing profession of the law , ( even when the * whole body of our laws , and all its professors , are violently assault●d , and devoted unto suddain ruine , by many lawlesse spirits ) who hath so much courage , magnanimity , honesty , zeal , or cordial love to his native country , remaining in his brest , as manfully to appear in publike , for the strenuous necessary defence of these our hereditary , fundamentall laws , liberties , rights , franchises , ( though their own , and every other english freemans best inheritance and security ) for fear of being persecuted , imprisoned , close imprisoned , exiled , condemned , destroyed , as a traytor , rebell , seditious person , enemy to the publike , or disturber of the kingdomes peace , by those who are truly such : i thereupon conceived , i could not undertake or performe a more necessary , seasonable , beneficiall service for my country and ingrate unworthy nation ( who are now ashamed , afraid , for the most part , to own , visit , or be seen in the company of those gallant men , much lesse to assist , defend , and stick close unto them in their dangers , according to the sixth article of their late solemn league and covenant , who have suffered , acted , and stood up most for their common liberties , rights , freedoms , religion , against all invading tyrant● , to their great discouragement and betraying : ) not pitch upon any subject more proper for me , either as a common lawyer , or as a constant advocate and sufferer for the publike cause , and liberties of the nation , as well under our late extravagant free state , as former regal and episcopal arbitrary tyranny , than in this juncture of our publike affairs , to present our whole distracted unsetled kingdome , with a legal and historical vindication , and chronological collection , in all ages , of these ancient , hereditary liberties , franchises , rights , and all those national , parliamentall , legal and martial contests , laws , charters , records , monuments of former and late times , for their confirmation and inviolable observation , which our ancestors and our selves have alwaies hitherto reputed fundamental , unalterable and inviolable , upon any pretext , and have most eagerly contended for , with the prodigal expence of many millions of treasure , and whole oceans of gallant christian english blood . and if upon the serious perusall of them , the universality of our degenerated nation , after their many solemn protestations , vows , leagues , covenants , remonstrances , inviolably to defend and maintain them , shall still so undervalue them now at last , ( as most actually have done ) as not to esteem them worth the owning , maintaining , vindicating , or perpetuating any longer ; & thereby draw upon their heads , the reall guilt of all those bloody wars , murders , tumults , violences , rapines , oppressions , sins , mischiefs , illegal taxes , excises , exorbitancies , which their many late years pretended necessary defence and preservation have brought upon our three whol nations ; let them henceforth , like so many dastardly conquered bondslaves , * bored through the ears , publikely disavow , disclaim , renounce , abjure them , for themselves and their posterities for ever , as meer worthlesse toyes , or pernicious inventions , fit onely to kindle perpetual wars and discords between king and people , head and members , superiours and inferiours ; or , as poor slender cobwebs , ( as now they prove ) able to hold none within compasse , but the very weakest flies , broken thorow with ease and impunity , by every greater fly , or armed waspe , creeping up into any power or supream authority , by right or wrong ; and swept down to the very ground , by every new broom in the hand of vpstart innovators . but if upon saddest deliberation , they shall really estimate them to be such incompatable , rich , precious jewels , and ancient inheritances , as are every way worth the infinite treasures , wars , blood , cares , consultations , troubles , heretofore and of late years expended , both to gain , retain , confirm , and perpetuate them , to them and their posterities for ever , as their principal earthly security , and beatitude ; i hope they will all then unanimously conclude with the poet , non minor est virtus quàm quaerere , parta tveri : and both by their votes and actions , return the self-same peremptory magnanimous answer to any caesar , conqueror , potentate , power , or combination of men , whatsoever , ( who shall endeavour by force , fraud , or flattery to compell or perswade them , to sell , resign , betray , or give up these their ancestrall priviledges , inheritances , birth-rights to them ) as naboth once did to king ahab , 1 kings 21. 3. the lord forbid it us , that we should give ( sell or betray ) the inheritance of ovr fathers ( and our posterities likewise ) unto thee , or you ; though they should suffer for this answer and refusall , as much as naboth did from bloody ahab and jezebel . but whatever low price or estimate this spurious , stupid , sordid , slavish age may set upon these richest pearls ; yet for my own particular , upon serious consideration of these chronological collections , and the solemn oaths , protestations , vows , league and covenant , obliging me to defend them to the uttermost ; i value the whole nations publike , and my own ( with my cordial friends ) private interest in them , at so high a rate , that i would rather chearfully part with ten thousand lives , and all the treasures of the nation , indies , were i owner of them , then wittingly , negligently , or unworthily sell , betray , or resign them up to any mortals or powers whatsoever , upon any pretences or conditions , after all my former publications , contests , sufferings , losses , &c. for their just defence . and to the end al others might now take special notice of the inestimable value our ancestors in all ages have set upon them , and what successive wars , conflicts , they have chearfully undertaken for their preservation ; i have at vacant hours compiled this ensuing vindication and collection of the old fundamental liberties , franchises , laws of all english freemen , which i shall bequeath to my most beloved native country , in general , and every reall heroick patron of them in particular , as the best legacy i can leave behinde me , both for their present and future enfranchisment , immunity , security , from all arbitrary tyranny , slavery and yokes of bondage , under which they have a long time languished , and lamented in the bitterness of their spirits . the method i resolve herein to pursue , is this : 1. i shall produce some punctuall authorities of moment , to evidence , that the kingdome and freemen of england , have some ancient hereditary just rights , liberties , priviledges , franchises , laws and customs , properly called fvndamental ; and likewise a fundamental government , no wayes to be altered , undermined , subverted directly or indirectly , to the publique prejudice , under pain of highest treason in those , who shall attempt it , especially by fraud , force , or armed power . 2. i shall , in brief propositions , present you with the chiefest and most considerable of them , which our ancestors in former ages , and our latest real parliaments have resolved to be , and eargerly contended for , as fundamental , essentiall to their being and well-being , as a free people , kingdome , republique , unwilling to be enslaved under any yokes of tyranny , any arbitrary , 〈◊〉 positions or powers whatsoever , then give you a briefe touch of their severall late unparalelld violations , both by the edicts and actions of usurping powers . 3. i shall in a chronological way , tender you a large historical catalogue of national parliamental , civill and military ▪ contests , votes , declarations , ●emonstrances , oathes , vows , protestations , covenants , engagements , excommunications , confirmations , evidences , statutes , charters , writs , records , judgments and authorities in all ages , undeniably evidencing , declaring , vindicating , establishing , perpetuating these fundamental hereditary rights , liberties , priviledges , franchises , customs , laws , and abundantly manifesting the extraordinary care , industry , zeal , courage , wisdome , vigilancy of our ancestours , to defend , preserve , and perpetuate them to posterity , without the least violation or diminution . 4. i shall vindicate the excellency , indifferency , and leg●lity of trying all malefactors whatsoever , by juries of their ●eers , upon legal processe and indictments ; and manifest the illegallity , injustice , partiality , dangerous consequences , of admitting or introducing any other form of trials , by new. arbitrary martiall commissions , or courts of high justice , ( or rather * injustice ) inconsistent with , and destructive to the fundamental rights , liberties , priviledges , laws , franchises of the english nation , and of most dangerous president to posterity ; being set up by the greatest pretenders to publike liberty , law , and the ●heifest inveighers against arbitrary regal tyranny and power , which never publikely established such arbitrary illegal tryals and new butcheries of christian english freemen , by any law , and may fall to imitate them in future ages , by their example . each of these i intend to prosecute in distinct chapters in their order . chap. 1. 1. for the first of these : that the kingdome and freemen of england , have some ancient hereditary rights , liberties , priviledges , franchises , laws and customs , properly called fvndamental ; and likewise a fvndamentall government , no wayes to be altered , undermined , subverted , directly or indirectly , under pain of high treason in those who shall attempt it ; especially by fraud , force , or armed power . i shall confirm the first part of it , by these ensuing punctual authorities of moment , against those * traiterous late published pamphlets , which professedly deny it , and endeavour , a totall abrogation of all former lawes , to set up a new modell and body of the law , to rule us for the future , according to their pleasures . the first is , the expresse words of the great charters of the liberties of england , granted by king john , anno 1215. in the 16 year of his reign ; regranted and confirmed by king henry the third , in the 9 year of his reign , and sundry times afterwards and by king edward the first , in the 25 and 28 years of his reign : wherein these three kings successively , by their several grand charters , under their great seals , did grant , give , and confirm , to all the nobility , is , and ever shall be , far from the thoughts and intents of all good kings , governours and parliament , who bear a sincere care and affection to the subjects of england , to alter or innovate them . 3. that by these ancient good laws , priviledges and customs , not only the kings regall authority , but the peoples security of lands , livings , and priviledges , ( both in general and particular ) are preserved and maintained . 4. that by the abolishing or altering of them , it is impossible , but that present confusion will fall upon the whol state and frame of this kingdom : which i wish all innovators and new modellers of our lawes and government would now at last lay seriously to heart , and the whole kingdome and english nation sadly consider , who have found it an experimental truth of late years , and no imaginary seigned speculation . 3. the third is , the remon●trance of the whole house of commons in parliament , delivered in writing to king james , in the parliament of 7. jacobi , anno 1610. which begins thus : to the kings most excellent majesty . most gracious soveraign , whereas we your majesties most humble subjects , the commons assembled in parliament , having received first by message , and since by speech from your majesty , a command of restraint , from debating in parliament your majesties right of imposing upon your subjects goods exported out of , or imported into this realm , yet allowing us to examine the grievance of these impositions , in regard of quantity , time , and other circumstances of disproportion thereto incident : we your humble subjects nothing doubting , but that your majesty had no intent by that command , to infring the ancient and fundamentall rights of the liberty of parliament , in point of exact discussing of all matters concerning them and their possessions , goods , and rights whatsoever : which yet we cannot but conceive to be done in effect by this command ; do with all humble duty make this remonstr●nce to your majesty . first , we hold it an ancient , general and undoubted right of parliament , to debate freely all matters , which do properly concern the subject and his right or estate : which freedome of debate being once fore-closed , the essence of the liberty of parliament is withall dissolved , &c. here the whole house of commons , in a speciall remonstrance to king james , ( printed and published by order of a committee of the house of commons for licensing of books , dated 20 maii 17. caroli 1641. ) declare , resolve , vindicate and maintain , one principal , ancient , fundamentall , general , undoubed right of the liberty of parliament , against the kings intrenchment on it : of which should they be but once fore closed , the essence of the liberty of parliament is withall dissolved . and peradventure it may not be unworthy the most serious disquisition of the next ensuing nominal or real parliament , to examine , whether some clauses and restrictions in the 9. 12. 14. 16 , 17. 21. 22. 24 , 25. 27. 30. 32 , 33. 36 , 37 , 38 , 39 , 40. articles ( or strings ) of the new instrument intituled , the government of the common-wealth of england , scotland , and ireland , and the dominions thereunto belonging ; as it was publikely declared at westminster the 16. day of december 1653 , &c. do not as much , nay far more intrench upon the ancient fundamental , general undoubted rights and liberty of parliament , and parliamentary free debates , to the dissolution of the essential liberty of all future parliaments , as this command of king james did , or as the bishops late canons , imposed on the clergy in and by the convocation , anno 1640. ever did ; and this clause in their , &c. oath then made , ( now * imitated by others , who condemned it ) i. a. b. do swear , that i will never give my consent to alter the government of this church , by arch-bishops , bishops , deans and arch-deacons , &c. as it stands now established , and as by right it ought to stand . which clause and oath imposed onely on the clergy-men . resolved by the whole house of commons and peers too , in parliament , without one dissenting voice , december 16. 1640. to be a most dangerous & illegal oath , contrary to the rights and priviledges of parliament , and to the fundamental laws and statutes of the realu● , &c. and of dangerous consequence : the contriving whereof was objected to the late archbishop of caterbury , in his original articles of high treason , for which amongst other things he lost his head . the fourth is the notable petition of grievances of the whole house of commons in parliament , presented to king james in the seventh year of his reign , after their vote against his right , to levy impositions on goods imported , or exported , without assent and grant of parliament , in these ensuing words . the policy of this your majesties kingdomes , appropriates unto the kings of this realm , with assent of parliament , as well the soveraign power of making laws , as that of taxing or imposing upon the subjects goods or merchandises , wherein they have justly such a property , as may not without their consent be altered or changed : this is the cause , that the people of this kingdome , as they have * ever shewed themselves faithfull and loving to their kings , and ready to aid them in all just occasions , with voluntary contributions : so have they been * ever careful to preserve their own liberties and rights , * when any thing hath been done to prejudice or impeach the same . and therefore when their princes , either occasioned by war , or by their own bounty , or by any other necessity , have without consent of parliament set on impositions , either within the land , or upon commodities exported or imported by the merchants , they have in open parliament complained of it , in that it was done without their consents , and thereupon * never failed to obtain a speedy and full redresse , without any claim made by the kings , of any power or prerogative in that point . and though the law of property be original , and carefully preserved by the common laws of this real , which are as ancient as the kingdome it self , yet those famous kings , for the better contentment and assurance of their loving subjects , agreed , that this old fundamental right ( observe the words ) should be further declared , and established by acts of parliament , wherein it is provided , that no such charge shall ever be laid upon the people , without their common consents , as may appear , by sundry records of former times . we therefore your majesties most humble commons assembled in parliament * following the example of this worthy care of our ancestors , and out of our duty to those for whom we serve , finding that your majesty , without advice of your lords and commons , hath lately ( in times of peace ) set both greater impositions , and farre more in number , than any your noble ancestors did ever in time of warre , do with all humility present this most just and necessary petition unto your majesty , that all impositions set withovt assent in parliament , may be qvite abolished and taken away . and that your majesty likewise , in imitation of your royal progenitors , will be pleased , that a law in your time , and during this session of parliament , may be also made , to declare , that all imposition of any kinde , set , or to be set upon your people , their goods or merchandises , save onely by common consent in parliament , are and shall b● void ; wherein your majesty shall not onely give your subjects great satisfaction in point of their right ; but also bring exceeding joy and comfort to them , who now suffer partly through the abating of the price of native commodities , and partly through the raising of all forraign , to the overthrow of merchants , and shipping , the causing of general dearth , and decay of all wealth among your people ; who will be thereby no lesse discouraged , than disabled to supply your majesty when occasion shall require . in which memorable petition , the whole house of commons resolve in direct terms : 1. that the subjects of england have old original fundamental rights ( and more particularly ) in the property of their goods , exempted from all impositions whatsoever , in times of peace or war , without their common consent in parliament ; declared and established both by the ancient and common law of england and sundry acts of parliament , and records , of former times . 2. they declare , the constant vigilant care , zeal of our ancestors and former parliaments in all ages , inviolably to maintain , defend , preserve the same , against all enchroachments , together with their own care , duty and vigilancy in this kind in that very parliament . 3. they relate the readinesse of our kings to ratifie these their fundamental rights by new acts of parliament , when they have been violated in any kinde . 4. they declare the benefit accruing both to prince and people , by the inviolable preservation and establishment of this old fundamental right , and the mischiefs accruing to both by the infringment thereof , by arbitrary illegall impositions , without full consent in parliament . 5. they earnestly ( in point of conscience , prudence , and duty to those for whom they served ) petition his majesty , for a new law and declaration , against all new impositions and taxes on inland goods , or merchandises imported or exported , without the peoples free consent in parliament , as null , void , utterly to be abolished and taken away : whether it will not be absolutely necessary for the whole english nation , and the next ensuing national , or reall parliament , to prosecute , enact , establish such a declaration and law against all such former and future arbitrary , illegal , oppressive taxes , impositions , excises , that have been imposed and continued for many years together on the whole kingdome , by * new extravagant , self-created , usurping army-officers , and other powers , without free and full consent of the people in lawfull english parliaments , against all former laws , declarations and resolutions in parliaments , to their great oppression , enslaving , undoing , in far greater proportions , multiplicity , and variety , than ever in former ages , without the least intermission ; and likewise against their late declared designe , to perpetuate them on our exhausted nation , without alteration or diminution , ( beyond and against all presidents of former ages ) both in times of peace and war , for the future , by the 27 , 28 , 29 , 30 , 39. articles of the instrument entituled , the government of the common-wealth of england , &c. i remit to their most serious considerations to determine , if ever they resolve to be english freemen again , or to imitate the wisdome , prudence , zeal , courage and laudable examples of their worthy ancestors , from which they cannot now degenerate without the greatest infamy , and enslaving of themselves with their posterities for ever , to the arbitrary wils of present or future vsurpers on their fundamental rights and liberties , in an higher degree then ever in any precedent ages , under the greatest conquerours or kings , after all their late , costly , bloody wars , for their defence against the beheaded king. 5 the fifth is , a learned and necessary argument made in the commons house of parliament , anno 7. jacobi , to prove , that each subject hath a property in his goods ; shewing also , the extent of the kings prerogative in impositions upon the goods of merchants , exported or imported , &c. by a late learned judge of this kingdome , printed at london by richard bishop , 1641. and ordered to be published in print , at a committee appointed by the honorable house of commons , for examination and licensing of books , 20. maii 1641. in which parliamentary argument , p. 8. 11. 16. i finde these direct passages : that the new impositions contained in the book of rates , imposed on merchandizes , imported and exported by the kings prerogative , and letters patents , without consent in parliament , is against the natural frame and constitution of the policy of this kingdome , which is , jvs pvblicvm regni , and so svbverteth the fundamental law of the realm , and introduceth a new form of state and government : can any man give me a reason , why the king can only in parliament make laws ? no man ever read any law , whereby it was so ordained ; and yet no man ever read , that * any king practised the contrary ; therefore it is the original right of the kingdome , and the very natural constitution of our state and policy , being one of the highest rights of soveraign power . if the king alone out of parliament may impose , * he altereth the law of england in one of these two main fundamental points ; he must either take the subjects goods from them , without assent of the party , which is against the law , or else he must give his own letters patents the force of a law , to alter the property of the subjects goods , which is also against the law. in this and sundry other arguments ( touching the right of impositions ) in the commons house of parliament by the members of it , arguing against them , it was frequently averred , and at last voted and resolved by the house , 7. jacobi . that such impositions without consent in parliament , were * against the original fvndamental laws and property of the svbject , and original right , frame and constitution of the kingdome ; as the notes and journals of that parliament evidence : an expresse parliamentary resolution in point , for what i here assert . 6. the sixth is , a conference desired by the lords , and had by a committee of both houses , concerning the rights and priviledges of the subject . 3. aprilis 4. caroli 1628. entered in the parliament journal of 4. caroli , and since printed at london 1642. in the introduction to which conference , sir dudley digs by the commons house order , used these expressions : my good lords , whilest we the commons , out of our good affections , were seeking for money , we found , i cannot say a ●ook of the law , but many a fvndamental point thereof neglected and broken , which hath occasioned our desire of this conference : wherein i am first commanded to shew unto your lordships in general : that the laws of england are grounded on reason more ancient than books , consisting much in unwritten customs ; yet so full of justice and true equity , that your most honorable predecessors and ancestors propugned them with , a * nolvmvs mvtari ; and so ancient , that from the saxons dayes , notwithstanding the injuries and ruines of time , they have continued in most parts the same , &c. be pleased then to know , that it is an undoubted and fundamentall point of this so ancient common law of england , that the subject hath a true property in his goods and possessions , which doth preserve as sacred , that mevm and tvvm , that is the nurse of industry , and the mother of courage , and without which , there can be no justice , of which mevm and tvvm is the proper object : but the vndovbted birth-right of free svbjects , hath lately not a little been invaded and prejudiced by pressures , the more grievous , because they have been pursued by imprisonment , contrary to the franchises of this land , &c. which the commons house proved by many statutes and records in all ages , in that conference , to the full satisfaction of the lords house ; since published in print . 7. the seventh is , the vote the * whole house of commons , 16. december 1640. nullo contradicente , entered in their journall , and printed in diurnall occurrences , page 13. that the canons made in the convocation ( anno 1640. ) are against the fundamental laws of the realm , the property and liberty of the subject , the right of parliament , and containe diverse things tending to faction and sedition . seconded in their remonstrances of 15. december 1641. 8. the eight authority is , * the votes of both houses of parliament , concerning the security of the kingdome of england and dominion of wales , 15. martii 1641. ordered by the lords and commons in parliament to be forthwith printed and published ( as they were then by themselves , and afterwards with other votes and orders ) resolved upon the question , nemine ▪ contradicente ; that in case of extream danger , and his majesties refusall , the ordinance agreed on by both houses for the militia ( to secure the houses , members and priviledges of parliament and kingdome against armed-violence , since brought upon them by the militia of the army ) doth obliege the people , and ought to be obeyed , by the fundamental laws of this kingdome . a very vain and delusory vote , if there be no such law , as some now affirm . 9. the nineth punctuall authority is , * a second declaration of the lords and commons assembled in parliament , concerning the commission of array ; printed by their speciall order of 12. january 1642. wherein are these observable passages , the main drift of all the answer is to maintain , that the king by the common law may grant such a commission of array , as this is , upon this ground , because it s for the defence of the kingdome : and , that the power , which he hath to grant it by the common law , is not taken away by the petition of right , or any former statute , but the king notwithstanding any of them , may charge the subject for defence of the kingdome ; so as the charge imposed come not to himself , nor to his particular advantage . these grounds thus laid , extend not to the commission of array alone , but to all other charges that his ma●esty shall impose upon his subjects , upon pretence of defence of the kingdome ; for there is the same reason of law for any other charge that is pretended for defence , as for this . if his majesty by the common law may charge his subjects to finde arms , and other things in the commission enjoyned , because they are for defence of the kingdom ; by the same reason of law , he may command his people to build castles , forts and bulwarks , and after to maintain them with garrisons , arms , and victuals , at their own charges : and by the same reason he may compel his subjects to finde ships , and furnish them with men , ammunition and victuals , and to finde souldiers pay , * coat and conduct money ; provide victuals for souldiers , and all other things necessary for an army ; these things being as necessary for defence , as any thing that can be done in execution of this commission . and for that exposition of the petition of right and other statutes therein noted ( if it should hold ) doth it not overthrow , as well the petition it self , at all other laws that have been made for the subjects benefit against taxes and other charges , either 〈…〉 or any other parliaments ? these positions thus laid down and maintained , do shake the fundamental laws of the kingdome ( the ancient birth right of every subject ) both for the property of his goods , and liberty of his person : nay , they strike at the root of parliaments : what need his * majesty call parliaments , to provide for defence of the realm , when himself may compell his subjects to defend it without parliaments ? if these grounds should hold , what need the subjects grant subsidies in parliament for defence of the kingdome in time of reall danger , if the king for defence at any times , when he shall onely conceive or pretend danger , may impose charges upon his subjects without their consent in parliament ? upon that which hath been said in this and our former declaration , we doubt not but all indifferent men will be satisfied , that this commission of array , is full of danger , and inconvenience to the subjects of england , and against the fundamental● lawes of the land , both for property of goods , and liberty of person , &c. as it is against the fundamental laws of the realm , so no statute makes it good , &c. and the lords and commons do upon the whole matter here conclude , that they are very much aggrieved , that after so many declarations and solemn protestations made by his majesty to rule by the known laws of this land , his majesty by advice of his ill councellors should be perswaded to set such a commission on foot , which is so clearly contrary to the fundamental laws of this land , the rights of property , and liberty of the subject , contrary to former resolutions of parliament , and to the petition of right . i am certain , the generality of the nation are now as much and more agrieved , that some , who were parties to this declaration , and others , who have made as many or more declarations & protestations as his majesty ever did , to rule by the known laws of the land ; should since this , far exceed his majesty in the like , nay greater , more exorbitances in the militia , excises , taxes , impositions , imprisonments arbitrary extravagant proceedings , capital executions in new erected courts of injustice , and whole volumes of new binding ordinances , as they term them , and their ill-sounding instrument , obliging all our three nations , both for the present & all future ages , in * their intention ; as diametrically contrary as the kings commissions of array , to the fundamentall laws of the land ( four times together so stiled and insisted on , as such , in this one declaration of both houses ) the right of property of the subject , contrary to former resolutions , and the petition of right ; yea ( which is most abominable ) to their own declarations , remonstrances , votes , protestations , vows , solemne leagues and covenants in parliament , to their own eternall infamy , as well as the peoples intolerable oppression and slavery ; who thereupon may justly conclude and protest against them , as both houses did in the close of this declaration against the array , viz. * and the lords and commons do and shall adhere to their former votes & resolutions , that all those that are actors in putting of this commission of array ( these instruments , ordinances new taxes , imposts , excises ) in execution , shall be esteemed disturbers of the peace of the kingdome , and of the properties and liberties of the subject . 10. the tenth evidence is , * the vote and letter of both houses of parliament sent to his majesty at oxford , 9. march 1643. in answer to his majesties , of the third of march ▪ and wherein there is this passage : we the lords and commons assembled in the parliament of england , &c. have resolved , with the concurrent advice and consent of the commissioners of scotland , to represent to your majesty in all humility and plainnesse as followeth ; that this present parliament convened , according to the known and * fundamental laws of the kingdome ( the continuance whereof is established by a law consented to by your majesty ) is in effect denied to be a parliament , &c. and hereupon we think our selves bound to let your majesty know ; that since the * continuance of this parliament is settled by a law , ( which as all other laws of your kingdome , your majesty is sworn to maintain , as we are sworn to our allegiance to your majesty ; those obligations being reciprocall ) we must in duty , and accordingly are resolved , with our lives and fortunes , to defend and preserve the ●ust rights and full power of this parliament : to which the earle of essex ( then general ) by both houses order , in his letter to the earle of forth january 30. 1643. adds this corolary . my lord , the main●enance of the parliament of england , and the priviledges thereof , is that for which we are resolved to spend our bloud , as being the fovndation whereon all ovr laws and liberties are bvilt : which both the lords and commons assembled in parliament , in their declaration 23. march 1643. touching their proceedings upon his majesties letter , concerning a treaty of peace ; ( wherein this earls former letter is recited ) thus second : the parliament of england is the onely basis , the chief support and pillar of our laws and liberties , &c. and if notwithstanding all these obligations , the king shall at his pleasure dissolve this parliament , the kingdome is not onely deprived of the present , but made uncapable of enjoying the benefit of any future parliament , or laws , any longer than shall stand with the will and pleasure of the king : and consequently the fundamentals of all our laws and government are subverted . let the parliament-purging , securing , sequestring , dissolving officers army , and their confederates , seriously ponder this , yea let all the whole english nation and their trustees who shall hereafter sit in parliament , consider and reform it in the first place , if ever they expect any freedome , free parliaments , peace , settlement , enjoyment of their fundamental laws , rights , or liberties for the future , depending on our parliaments freedome , and exemption from all force and violence on its members . the eleventh is , the * ordinance of both houses of parliament , 13. junii 1644. for the forces raised in the county of salop , which begins thus : the lords and commons assembled in parliament , taking into their serious considerations , the great oppressions under which the inhabitants of the county of salop lie , by reason the insupportable taxes , &c. and the present condition of the county , by reason of the great number of irish rebels that have invaded it , and joyned with papists and other ill affected persons , now in those parts , which threaten the extirpation of the protestant religion , and the subversion of the fundamental laws and government of the kingdom . for prevention whereof , &c. a direct ordinance in point . the twelfth is , * a declaration of the commons of england , assembled in parliament , 17. aprilis 1646. of their true intentions concerning the ancient and fundamental government of the kingdome , securing the people against all arbitrary government , &c. wherein they complain , that the enemy being in dispair to accomplish his designes by war , do mis-represent our intentions in the use we intend to make of the great successes god hath given us , and the happy opportunity to settle peace and truth in the three kingdomes ; to beget a belief that we now desire to exc●ed , or swerve from our first aym's and principles in the undertaking of this war , and to recede from the solemn league and covenant , and treaties between the two kingdomes ; and that we would prolong these uncomfortable troubles , and bleeding distractions , in * order to alter the fundamental constitution and frame of this kingdome , to leave all government in the church loose and unsettled , and ourselves to exercise the same arbitrary power over the persons and estates of the svbjects , which this present parliament hath thought fit to abolish , by taking away the star-chamber , high-commission , and other arbitrary courts , and the exorbitant power of the council table , ( all which we have seen experimentally verified in every particular , in the highest degree , notwithstanding this declaration , by some in late and present power , and new white-hall council tables , exceeding the old in illegal taxes , law-making , and other extravagances : ) all which being seriously considered by us , &c. we do declare , that our true and real intentions are , and our endeavour shall be , to settle religion in the purity thereof , * to maintain the ancient and fundamentall government of this kingdome , to preserve the rights and liberties of the subject ; to lay hold on the first opportunity of procuring a safe and well grounded peace in the three kingdoms , and to keep a good understanding between the two kingdomes of england and scotland , according to the grounds expressed in the solemn league and covenant : and lest these generals should not give a sufficient satisfaction , we have thought fit , to the end men might no longer be abused in a misbelief of our intentions , or a misunderstanding of our actions , to make a further enlargement upon the particulars . and first , concerning church-government , &c. because we cannot consent to the granting of an arbitrary and unlicensed power and jurisdiction , to neer ten thousand judicatories to be erected within this kingdome , and this demanded in such a way , as is not consistent with the fvndamental laws and government of the same , &c. our full resolutions still are , sincerely , really and constantly to endeavour the reformation of religion in the kingdome of england and ireland , in doctrine , worship , and government , according to the word of god , and the example of the best reformed churches , and according to the covenant . we are * so farre from altering the fundamental government of this kingdome by king , lords and commons , that we have onely desired , that with the consent of the king , such power may be settled in the two hovses , without which we can have no assurance , but that the like , or greater mischiefs than those which god hath hither to dilivered us from , may break out again , and engage us in a second and more destructive war ; whereby it plainly appears , our intentions are not to change the antient frame of government within this kingdome , but to obtain the end of the primitive institution of all government , the safety and weal of the people ; not judging it wise or safe , after so bitter experience of the bloody consequence of a * pretended power of the militia in the king , to leave any colourable authority in the same , for the future attempts of introducing an arbitrary government over this nation . we do declare , that we will not , nor any by colour of any authority derived from us , shall interrupt the * ordinary course of justice , in the severall courts of judicatories of this kingdome , nor intermeddle in the cases of private interest other where determinable , unlesse it be in case of male-administration of justice ; wherein we shall see and provide , that right be done , and punishment inflicted , as there shall be occasion , according to the laws of the kingdome . lastly , whereas both nations have entred into a solemn ▪ league and covenant ; we have , and ever shall be very carefull duly to observe the same : that as nothing hath been done , so nothing shall be done by us repugnant to the true meaning and intention thereof , &c. who will not depart from those grounds and principles , upon which it was framed and founded . though the generality of the ( afterwards , ) secured and secluded majority of the house of commons , endeavoured constantly to make good this declaration in all particulars ; yet how desperatly the garbled minority thereof , continuing in power after their seclusion , prevaricated , apostatized , and falsified their faith herein in every particle , in the highest degree , we cannot but with greatest grief of heart , and detestation remember , to the subversion , ruine of our king , lords , commons , kingdome , parliaments , fundamentall laws , government , and the peoples liberties , &c. almost beyond all hopes of restitution or reparation in humane probability , without a miracle from heaven . the lord give them grace most seriously to consider repent of , and really , sincerely reform it now at last , and to make it the principle subject of their prescribed publike humiliations , fasts and lamentations , as god himself prescribes ; isa . 58. 5 , 6 , 7 , 8. jer. 34. 8. to 22. ezech. 19. 1. 14. hos . 10. 3 , 4. and not still to adde drunkennesse to thirst , lest they bring them to temporall and eternal condemnation for it in gods own due time , and engender endlesse wars , troubles , taxes , changes , confusions in our kingdomes , as they have hitherto done and will do till all be restored to their just rights , powers , places , possessions and liberties . by this full jury of parliamentary authorities , to omit many others , of * like , or * inferiour nature , and lesse moment , it is undeniable : that the people of england , have both ancient fundamentall rights , liberties , franchises , laws , and a fundamental government , which like the laws of the medes and persians , neither may nor ought to be altered , or innovated upon any pretence , but perpetually maintained , defended , with greatest care , vigilancy , resolution ; and he who shall deny or oppugn it , deser●●s no refulation by further arguments , since it is a received maxime in all arts , contra principia negantem non est disputandum ; but rather demerits a sentence of condemnation and publike execution at tyburn , as a common enemy , traitor to our laws , liberties , nation ; it being no lesse than a transcendent crime , and high treason by our laws , for any person or persons , secretly or openly , to attempt the undermining or subversion of our fundamental laws , rights , liberties , government , especially by fraud , treachery , force or armed power and violence ( the later part of my first proposal ) which i shall now confirm by these twelve following presidents and evidences , corroborating likewise the former part , that we have such fundamental laws , liberties , rights , franchises , and a fundamental government too . in the * fifth year of king richard the second , the vulgar rabble of people and villains , in kent , essex , sussex , norfolk , cambridge-shire and other counties , under the conduct of wat tyler , jack straw and other rebels , assembling together in great multitudes ( occasioned at first by the new invented tax of poll-money , granted by parliament , and the over-rigorous levying thereof , on the people , by the kings officers ( though nothing so grievous as our excises , contributions , & new imposts now , so long exacted without any legal grant in true , free and full english parliaments ) resolved by force and violence , to abrogate the law of villenage , with all other laws they disliked , formerly setled ; to burn all the records , kill and behead all the judges , justices , and men of law of all sorts , which they could get into their hands ; to burn and destroy the inns of court , ( as they did then the new temple , where the apprentices of the law lodged , burning their monuments and records of law there found ) to alter the tenures of lands , to devise new laws of their own , by which the subjects should be governed : to change the ancient hereditary monarchicall government of the realm , and to erect petty elective tyrannies and kingdomes to themselves in every shire : ( a project eagerly prosecuted by some anarchicall anabaptists , jesuits , levellers , very lately ) and though withall they intended to destroy the king at last , and all the nobles too , when they had gotten sufficient power ; yet at first to cloak their intentions from the people , they took an oath of all they met ; quod regi & communibus fidelitatem servarent ; that they should keep allegiance and faith to the king & commons : yea , wat tyler demanded a commission from the king , to behead all lawyers , escheaters , and others whatsoever that were learned in the laws , or communicated with the law by reason of their office , conceiving in his minde , that this being brought to passe , all things afterwards would be ordered according to his own and the common peoples fancy . and he made his vaunt , putting his hand to his own lips ; that before scure dayes came to an end , all the laws of england should proceed from his mouth . ( which some of late times seem to speak not only in words , but deeds , by their manifold new laws and edicts , repealing or contradicting our old ) this their resolution and attempt thus to alter and subvert the laws and government , upon full debate in the parliament of 5. r. 2. n. 30. 31. was declared to be high-treason against the king and the law , for which divers of the chief actors in this treasonable designe , were condemned and executed , as traitors , in severall places ; and the rest enforced to a publike submission , & then pardoned . let these imitators now remember this old president . 2. in the * parliament of 11. r. 2. ( as appears by the parliament rols and printed statutes at large ) three privy councellours , the archbishop of york , the duke of ireland , and the earl of suffolk , the bishop of exeter , the kings confessor , five knights , six judges ( whereof sir robert tresylian chief justice was one ) blake , of the kings councel at law , vsk , and others , were impeached and condemned of high treason , some of them executed as traitors , the rest banished , their lands and goods forfeited , and none to endeavour to procure their pardon , under pain of felony ; for their endeavouring to overthrow a commission for the good of the kingdome , contrary to an act of parliament , by force of arms , and opinions in law delivered by these temporizing judges and lawyers , to the king , ( through threats and terrour at nottingham castle ) tending to subvert the laws and statutes of the realm , overthrow the power , priviledges and proceedings of parliament , and betray ( not * all the house of lords , but only ) some of the lords of parliament . which judgement being afterwards reversed in the forced and packed parliament of 21. r. 2. was reconfirmed in the parliament of 1 h. 4. c. 3 , 4 , 5. and the parliament of 21. r. 2. totally repealed , and adnulled for ever , and hath so continued . read statut. at large . 3. in the * parliament of 17 r. 2. n. 20. and pas . 17 r. 2. b. regis rot. 16. sir thomas talbot was accused and found guilty of high treason , for conspiring the death of the dukes of glocester , lancaster , and other peers , who maintained the commission confirmed by act of parliament , 10. r. 2 and assembling people in a warlike manner in the county of chester , for effecting of it , in destruction of the estates of the realm ; and the laws of the kingdome . 4. in the * 29. year of king henry the sixth , jack cade , under a pretence to reform , alter and abrogate some laws , purveyances and extortions importable to the commons whereupon he was called john amend all ) drew a great multitude of kentish people to black-heath , in a warlike manner , to effect it : in the parliament of 29 h. 6. c. 1 this was adjudged high treason in him and his complices , by act of parliament : and the parliament of 31. h. 6. c. 1. made this memorable act against him , and his imitators in succeding ages ; worthy serious perusal and consideration by all , who tread in his footsteps , and over-act him in his treasons . whereas the most abominable tyrant , horrible , odious , and errant false traytor , john cade , calling himself sometimes mortimer , sometime captain of kent , ( which name , fame , acts and feats , be to be removed out of the speech and minde of every faithfull christian man perpetually ) falsly and traiterously purposing and imagining the perpetuall destruction of the kings person and final svbversion of this realm , taking upon him * royall power , and gathering to him the kings people in great number , by false svbtil , imagined langvage : and seditiously made a stirring rebellion , and insurrection , vnder colovr of jvstice , for reformation of the laws of the said king , robbing , slaying , spoiling a great part of his faithfull people : our said soveraign lord the king , considering the premises , with many other , which were more odious to remember , by advice and assent of the lords spiritual and temporal , and at the request of the commons , and by authority aforesaid , hath ordained and established , that the said john cade shall be had , named and declared , a false traytor , to our said soveraign lord the king ; and that all his tyranny , acts , feats , & false opinions , shall be voided , abated , adnulled , destroyed , and put out of remembrance for ever . and that all indictments , and things depending thereof , had and made under the power of tyranny , shall likewise be void , adnulled , abated , repealed , and holden for none : and that the blood of none of them be defiled , nor corrupted , but by the authority of the said parliament clearly declared for ever . and that all indictments in time coming , in like case , under power of tyranny , rebellion and stirring had , shall be of no regard or effect , but void in law : and all the petitions * delivered to the said king in his last parliament holden at westminster , the sixth day of november the 29. of his reign , against his minde , by him not agreed , shall be taken and put in oblivion , out of remembrance , undone , voided , adnulled and destroyed for ever , as a thing purposed against god and his conscience , and against his royal estate and preheminence , and also dishonorable and unreasonable . 5. in the * 8 year of king henry the 8. william bell , and thomas lacy , in the county of kent , conspired with thomas cheney ( the hermite of the queen of fairies ) to over throw the laws and customs of the realm : for effecting whereof , they with 200 more met together , and concluded upon a course of raising greater forces in kent , and the adjacent shires ; this was judged high treason , and some of them executed as traitors . moreover , it * was resolved by all the judges of england , in the reign of henry . 8. that an insurrection against the statute of laborers , or for the inhansing of salaries and wages , or against any statute , or to remove councellors , or to any other end pretending reformation of their own heads , was treason , and a levying war against the king , becavse it was generally against the kings law , and the offenders took upon them the reformation thereof , which subjects by gathering of power ought not to do . 6. on * december 1. in the 21. year of king henry the 8. sr. thomas moore , lord chancellour of england , with fourteen more lords of the privy councel , john fitz-james , chief justice of england , and sir anthony fitz-herbert , herbert , one of the judges of the common pleas , exhibited sundry articles of impeachment to king henry the 8. against cardinal wolsey : that he had by divers and many sundry wayes and fashions , committed high treason , and notable grievous offences , by misusing altering and subverting of his graces laws , and otherwise , contrary to his high honour , prerogative , crown , estate , and dignity royal ; to the inestimable great hinderance , diminution and decay of the universal wealth of this his graces realm . the articles are 43. in number , the 20 , 21 , 26 , 30 , 35 , 37 : 42 , 43. contain , his illegal arbitrary practises and proceedings to the subversion of the due course and order of his graces laws , to the undoing of a great number of his loving people . whereupon they pray . please therefore your mostexcellent majesty of your excellent goodnesse towards the weal of this your realm , and subjects of the same , to set such order and direction upon the said lord cardinal , as may be to terrible example of other , to beware to offend your grace , and your laws hereafter : and that he be so provided for , that he never have any power , jurisdiction or authority hereafter , to trouble , vex or impoverish the common-wealth of this your realm , as he hath done heretofore , to the great hurt and dammage of every man almost , high and low . his * poysoning himself prevented his legal judgement for these his practises . 7. the statute of 3. and 4. ed. c. 5 , 6. enacts , that if any persons , to the number of twelve or more , being assembled together , shall intend , go about , practise or put in use with force and arms , unlawfully of their own authority , to change any laws made for religion , by authority of parliament , or any other laws or statutes of this realm , standing in force , or any of them ; and shall continue together by the space of an houre , being commanded by a justice of peace , mayor , sheriffe , or other officer to return : or shall by ringing of any bell , sounding of any trumpet , drumme , horn , &c. raise such a number of persons , to the intent to put any the things aforesaid in ure , it shall be high treason , and the parties executed as traytors : after this the statute of 1 mariaec . * 12. enacted , that if twelve or more in manner aforesaid , shall endeavour by force to alter any of the laws or statutes of the kingdome ; the offenders shall from the time therein limited , be ad●udged onely as felons , whereas it was treason before : but this act continuing but till the next parliament , and then expiring , the offence remains treason , as formerly . 8. in the * 39. year of queen elizabeth , divers in the county of oxford consulted together to go from house to house in that county , and from thence to london and other parts , to excite them to take arms for the throwing down of inclosures throughout the realm ; nothing more was prosecuted , nor assemblies made ; yet in easter term 39. elizabeth , it was resolved by all the judges of england ( who met about the case ) that this was high treason , and a levying war against the queen , because it was to throw down all inclosures throughout the kingdom , to which they could pretend no right : and that the end of it was , to over throw the laws and statutes for inclosures . whereupon bradshaw and burton ( two of the principal offenders ) were condemned and executed at ainstow hill in oxfordshire , where they intended their first meeting . 9. to come nearer to our present times and case : in the last parliament of king charls , anno 1640. * the whole house of commons impeached thomas earl of strafford , lord deputy of ireland , of high treason ; amongst other articles , for this crime especially ( wherein all the other centred ) that he hath treasonably endeavoured by his words , actions and counsels , to subvert the fundamentall laws and government of england and ireland , and introduce an arbitrary and tyrannical government . this the whole parliament declared and adjudged to be high treason , in and by their votes , and a special act of parliament for his attainder ; for which he was condemned , and soon after executed on tower-hill , as a traytor to the king and kingdome , may 22. 1641. 10. the whole house of commons the same parliament , impeached * william laud arch-bishop of canterbury , of high treason ; in these very terms , february 6 , 1640. first , that he hath traiterously endeavoured to subvert the fundamental laws and government of this kingdome of england , and instead thereof , to introduce an arbitrary and tyrannical government against law : and he to that end hath wickedly and trayterovsly advised his majesty , that he * might at his own will and pleasure , levy and take mony of his subjects without their consent in parliament ; and this he affirmed was warrantable by the law of god. secondly , he hath for the better accomplishment of that his traiterous designe , advised and procured sermons and other discourses , to be preached , printed and published ; in which the * authority of parliaments , and the force of the laws of this kingdome have been denyed , and absolute and unlimitted power over the persons and estates of his majesties subjects maintained and defended , not onely in the king , but in himself and other bishops , against the law. thirdly , he hath by letters , messages , threats and promises , and by divers other wayes to judges , and other ministers of justice , interrupted , perverted , and at other times by means aforesaid hath endeavoured to interrupt and pervert the course of justice in his majesties courts at westminster and other courts , to the subversion of the laws of this kingdome , whereby sundry of his majesties subjects have been stopt in their just suits , deprived of their lawfull rights , and subjected to his tyrannicall will , to their ruine and destruction . fourthly , that he hath traiterously endeavoured to corrupt the other courts of justice , by advising and procuring his majesty to sell places of judicature and other offices , contrary to the laws and customes in that behalf . fifthly , that he hath traiterously caused a a book of canons to be compiled and published , without any lawfull warrant and authority in that behalf ; in which pretended canons * many matters are contained , contrary to the kings prerogative , to the fundamentall laws and statutes of this realm , to the rights of parliament , to the property and liberty of the subject , and matters tending sedition , and of dangerous consequence , and to the establishing of a vast , unlawfull presumptuous power in himself and his successors , &c. seventhly , that he hath traiterously endeavoured to alter and subvert gods true religion by law established ; and instead thereof to set up popish religion and idolatry : and to that end hath declared , and maintained in speeches and printed books , diverse popish doctrines and opinions , contrary to the articles of religion established by law . he hath urged and enjoyned divers popish and superstitious ceremonies without any warrant of law ; and hath cruelly persecuted those who have opposed the same , by corporal punishment , and imprisonments ; and most unjustly vexed others , who refused to conform thereunto by ecclesiasticall censures , excommunication , suspension , * deprivation , and degradation , contrary to the laws of this kingdome . thirteenth , he did by his own authority and power contrary * to law , procure sundry of his majesties subjects , and enforced the clergy of this kingdome to contribute towards the maintenance of the war against the scots . that to preserve himself from being questioned , for these & other his traiterous courses , he hath laboured to subvert the rights of parliament , and the ancient course of parliamentary proceedings , ( and have not the army officers and others actually done it since upon the same accompt ? ) and by false and malicious slanders to incense his majesty against parliaments . all which being proved against him at his triall , were after solemn argument by mr. samuel brown , in behalf of the commons house , proved ; and soon after adjudged , to be high treason at the common law , by both houses of parliament ; and so declared in the ordinance for his attainder : for which he was condemned and beheaded as a traitor , against the king , law and kingdom , on tower hill , january 10. 1644. 11. in the * same parliament , december 21. jan. 14. febr. 11. 1640. and july 6. 1641. sir john finch , then lord keeper , chief justice bramston , judge berkley , judge crawly , chief baron davenport , baron weston , and baron trevour , were accused and impeached by the house of commons , by several articles transmitted to the lords , of high treason , for that they had traiterously and wickedly endeavoured , to subvert the fundamental laws and established government of the realm of england , and instead thereof to introd●ce an arbitrary and tyrannical government against law ; which they had declared , by traiterous and wicked words , opinions , judgements ; and more especially in this their extrajudiciall opinion , subscribed by them in the case of ship money , viz. we are of opinion , that when the good and safety of the kingdome in generall is concerned , and the whole kingdome in danger ; your majesty may by writ , under the great seal of england ( without consent in parliament ) command all your subjects of this your kingdome , at their charge to provide and furnish such a number of ships , with men , victuall and ammunition , and for such time as your majesty shall think fit for the defence and safeguard of the kingdome , from such danger and perill . and we are of opinion , that in such case , your majesty is the * sole judge both of the danger , and when , and how , the sume is to be prevented , and avoided and likewise for arguing and giving judgment accordingly , in mr. john hampdens case , in the exchequer chamber , in the point of ship money , in april 1638 : which said opinions , are destructive to the fundamental laws of the realm , * the subjects right of property , and contrary to former resolutions in parliament , and the petition of right ; as the words of their severall impeachments run . sir john fin●h fled the realm , to preserve his head on his shoulders ; some others of them died through fear , to prevent the danger , soon after their impeachments , and the rest who were lesse peccant , were put to fines . 12. mr. john pym , in his declaration upon the whole matter of the charge of high treason against thomas earl of strafford , aprill 12. 1641. before a committee of both houses of parliament in westminster hall ; printed and published by order of the house of commons ; proves his endeavour to subvert the fundamental laws of england , and to introduce an arbitrary power ; to be high treason , and an offence very hainous in the nature , and mischievous in the effects thereof ; which ( saith he ) will best appear , if it be examined by that universall and supream law , salu● populi : the element of all laws , out of which they are derived : the end of all laws , to which they are designed , and in which they are perfected . 1. it is an offence comprehending all other offences . here you shall finde several treasons , murthers , rapines , oppressions , perjuries . there is in this crime , a seminary of all evils , hurtfull to a state ; and if you consider the reasons of it , it must needs be so . the law , is that which puts a difference betwixt good and evill ; betwixt just and unjust . if you take away the law , all things will fall into confusion ; every man will become a law to himself , which in the depraved condition of humane nature , must needs produce many great enormities ; * lust will become a law ; and envy will become a law ; covetousnesse and ambition will become laws ; and what dictates , what decisions such laws will produce , may easily be discerned in the late government of ireland ( and england too since this . ) the law hath a power to prevent , to restrain , to repair evils : without this all kindes of mischiefs and distempers will break in upon a state. it is the law that intitles the king to the allegiance and service of his people : it intitles the people to the protection and justice of the king , &c. the law is the boundary , the measure betwixt the kings prerogative , and the peoples liberties ; whiles these move in their orbe , they are a support and security to one another ; but if these bounds be so removed , that they enter into contestation and conflict , one of these great mischiefs must needs ensue : if the prerogative of the king overwhelm the liberty of the people , it will be turned into tyranny ; if liberty undermine the prerogative , it will turn into anarchy . the law is the safegard , the custody of all private interests : your honours , your lives , your liberties , and your estates , are all in the keeping of the law : without this , every man hath a like right to any thing : and this is the condition into which the irish were brought by the earl of strafford ; ( and the english by others who condemned him ) and the reason which he gave for it , hath more mischief than the thing it self : they are a conquered nation , ( let those who now say the same of england , as well as scotland and ireland , consider and observe what followes ) there cannot be a word more pregnant and fruitfull in treason , than that word is . there are few nations in the world , that have not been conquered , and no doubt but the conquerour may give * what laws he please to those that are conquered . but if the succeeding parts and agreements do not limit and restrain that right , what people can be secure ? england hath been conquered , and wales hath been conquered , and by this reason will be in little better case than ireland . if the king by the right of a conquerour give lawes to his people , shall not the people by the same reason be restored to the right of the conquered , to recover their liberty if they can ? what can be more hurtful , more pernicious , than such propositions as these ? 2. it is dangerous to the kings person : and dangerous to his crown : it is apt to cherish ambition , usurpation , and oppression in great men : and to beget sedition , discontent in the people , and both these have been , and in reason must ever be great causes of trouble and alterations to prince and state. if the histories of those eastern countries be perused , where princes order their affairs , according to the * mischievous principles of the earl of strafford , loose and absolved from all rules of government , they will be found to be frequent in combustions , full of massacres , and the tragical end of princes . if any man shall look into our own stories , in the times when the laws were most neglected , he shall finde them full of commotions , of civill distempers , whereby the kings , that then raigned , were alwaies kept in want and disresse , the people consumed with civil wars : and by such wicked counsels as these , some of our princes have been brought to such miserable ends , as * no honest heart can remember without horrour and earnest prayer , that it may never be so again . 3. as it is dangerous to the kings person and crown , so it is in other respects very prejudiciall to his majesty , in honour , profit and greatnesse ( which he there proves at large , as you may there read at leisure ) and yet these are the guildings and paintings , that are put upon such counsels : these are for your honour , for your service . 4. it is inconsistent with the peace , the wealth , the prosperity of a nation . it is destructive to justice , the mother of peace : to industry , the spring of wealth ; to valour , which is the active vertue whereby the prosperity of a nation can onely be procured , confirmed , and enlarged . it is not onely apt to take away peace , and so intangle the nation with wars , but doth corrupt peace , and pours such a malignity into it , as produceth the effects of warre : both to the * nobility and others , having as little security of their persons or estates , in this peaceable time , as if the kingdome had been under the fury and rage of warre . and as for industry and valour , who will take pains for that , which when he hath gotten is not his own ? or who fights for that wherein he hath no other interest , but such as is subject to the will of another ? &c. shall it be treason to embase the kings coyne ; though but a piece of twelve pence or six pence , and must it not needs be the effect of greater treason to * embase the spirits of his subjects , and to set a stamp and character of servitude upon them , whereby they shall be disabled to do any thing for the service of the king or common-wealth ? 5. in times of sudden danger , by the invasion of an enemy , it will disable his majesty to preserve himself , and his subjects from that danger : when war threatens a kingdome , by the coming of a forraign enemy , it is no time then to discontent the people , to make them weary of the present government , and more inclinable to a change . the supplies which are ●o come in this way , will be unready , uncertain ; there can be no assurance of them , no dependance upon them , either for time or proportion . and if some money be gotten in such a way , the distractions , the divisions distemper● , which this course is apt to produce , will be more prejudicial to the publike safety , than the supply can be advantagious to it . 6. this crime is contrary to the pact and covenant between the king and his people ; by mutuall agreement and stipulation , confirmed by oath on both sides . 7. it is an offence that is contrary to the ends of government . 1. to prevent oppressions ; to * limit and restrain the excessive power and violence of great men ; to open passages of justice with indifferency towards all . 2. to preserve men in their estates , to secure them in their lives and liberties . 3. that vertue should be cherished , and vice suppressed ; but where laws are subverted , and arbitrary , and unlimited power set up ; a way is open not onely for the security , ( as now of all heresies ) but for the advancement and incouragement of evi●l , such men as are * ●ptest for the execution and maintenance of this power , are onely capable of preferment ; and others , who will not be instruments of any unjust commands , who make conscience to do any thing against the law of the kingdome , and liberties of the subject , are not onely not passable for imployment ; but svbject to mvch jealovsie and danger . ( is not this their condition of late and present times , even in parliament members themselves , as well as others , secured , secluded , kept close prisoners perforce , for making conscience of doing nothing against the laws and liberties of the kingdom , and their oaths and covenants too ? and refusing to comply with usurping innovators in all their self-seeking extravagancies and treasons ? expertus loquor . ) 4. that all accidents and events , all counsels and designes should be improved for the publique good . but this arbitrary power is apt to dispose all to the maintenance of it self . ( and is it not so now ? ) 8. the treasons of subversion of the laws , violation of liberties can never be good or justifiable by any circumstance or occasion , being in their own nature , how specious or good soever they be pretended . he alledgeth it was a time of great necessity and danger , when such counsels were necessary , for the preservation of the state ; ( the plea since , and now used by others , who condemned him ; ) if there were any necessity it was of his own making . he by his evill counsell had brought the king ( as others the kingdome since ) into a necessity ; and by no rules of justice can be allowed to gain this advantage to his justification ; which is a great part of his offence . 9. as this is treason in the nature of it , so it doth exceed all other treasons in this ; that in the designe and endeavour of the authour , it was to be a constant and permanent treason ; a standing perpetual treason ; which would have been in continual act , not determined within one time or age , but transmitted to posterity , even from generation to generation . and are not * others treasons of late times such , proclaimed such , in and by their own printed papers ; and therein exceeding straffords ? 10. as it is odious in the nature of it , so it is odious in the judgement and estimation of the law. to * alter the setled frame and constitution of government , is treason in any estate . ( let those consider it who are guilty of it in the highest degree , beyond strafford , canterbury , or the ship mony-judges in our own state. ) the laws whereby all parts of a kingdome are preserved , should be very vain and defective , if they had not a power to secure and preserve themselves . the forfeitures inflicted for treason by our law , are of life , honour , and estate , even all that can be forfeited : and this prisoner , although he should * pay all these forfeitures , will still be a debtor to the common-wealth . nothing can be more equal , than that he should perish by the justice of the law , which he would have subverted : neither will this be a new way of blood . there are marks enough to trace this law to the very original of this kingdome . and if it hath not been put in execution , as he alledgeth , this two hundred and fourty years ; it was not for want of law , but that all that time had not bred a man * bold enough to commit such crimes as these : which is a circumstance much aggravating his offence , and making him no lesse liable to punishment : he is the * onely man , that in so long a time hath ventured upon such a treason as this . thus far mr. john pym ; in the name and by the order and authority of the whole commons house in parliament : which i wish all those , who by their words , actions counsels ( and printed publications too ) have traiterously endeavoured to subvert the fundamentall laws , liberties , government , parliaments of england and ireland , and to introduce an arbitrary and tyrannical government against law , as much as ever strafford did , yea , far out stripped him therein ( even since his execution ) in all particulars , for which he was beheaded ; would now seriously lay to heart , and speedily reform , lest they equal or exceed him in conclusion in capital punishments for the same , or endlesse hellish torments . 13. the next authority i shall produce in point , is , the speech and declaration of master oliver st. john , at a conference of both houses of parliament , concerning shipmoney , upon judge finches impeachment of high treason , january 14. 1640. printed by the commons order , london , 1641. wherein he thus declares the sense of the commons , p. 12. &c. that by the judges opinions ( * forecited ) concerning ship-mony , the fundamental laws of the realm concerning our properties and our persons are shaken : whose treasonable offence herein , he thus aggravates , page 20. &c. the judges , as is declared in the parliament of 11 r. 2. are the executors of the statutes , and of the judgments and ordinances of parliament . they have made themselves the * executioners of them ; they have indeavoured the destruction of the fundamentals of our laws and liberties . holland in the low countries , lies under the sea : the superfices of the land , is lower than the superficies of the sea. it is capitall therefore for any man to cut the banks , because they defend the country : besides our own , even forraign authours , as comines , observes , that the statute de tallagio , and the other old laws , are the sea wals and banks , which keep the commons from the inundation of the prerogative . these * pioners have not onely undermined these banks , but have levelled them even with the ground . if one that was known to be hostis patriae , had done this , though the dammage be the same , yet the guilt is lesse ; but the conservatores riparum , the overseers intrusted with the defence of these banks , for them to destroy them ; the breach of trust aggravates , nay , alters the nature of the offence : breach of trust , though in a private person , and in the least things , is odious amongst all men : much more in a publike person , in things of great and publike concernment , because * great trust bindes the party trusted to greatest care and fidelity . it is treason in the constable of dover castle to deliver the keys to the known enemies of the kingdome : whereas if the house-keeper of a private person , deliver possession to his adversary , it is a crime scarce punishable by law. the * judges under his majesty , are the persons trusted with the laws , and in them with the lives , liberties and estates of the whole kingdome . this trust of all we have , is primarily from his majesty , and * from him delegated to the judges . his majesty at his coronation , is bound by his oath to execute justice to his people according to the lawes ; thereby to assure the people of the faithfull performance of his great trust : his majesty again , as he trusts the judges with the performance of this part of his oath ; so doth he likewise exact another oath of them , for their due execution of justice to the people , according to the laws : hereby the judges stand intrusted with this part of his majesties oath . if therefore the judges shall doe wittingly against the law , they doe not onely break their own oaths , and therein the common faith and trust of the whole kingdome ; but do as much as in them lies , asperse & blemish the sacred person of his majesty , with the odious and hatefull sin of * perjury . my lords , the hainousnesse of this offence is most legible in the * severe punishment , which former ages have inflicted upon those judges , who have broken any part of their oaths wittingly , though in things not so dangerous to the subject , as in the case in question . * sir thomas wayland , chief justice of the common pleas 17. e. 1. was attainted of felony for taking bribes , and his lands and goods forfeited , as appears in the pleas of parliament , 18 e. 1. and he was banished the kingdome , as unworthy to live in the state , against which he had so much offended . sir * william thorpe chief justice of the kings bench , in edward the thirds time , having of five persons received five severall bribes , which in all amounted to one hundred pounds , was for this alone , adjudged to be hanged , and all his goods and lands forfeited : the reason of the judgment is entered in the roll , in these words . quia praedictus willielmus * thorp qui sacramentum domini regis erga populum suum habuit ad custodiendum , fregit malitiose , falsò & rebelliter , quantum in ipso fuit . there is a notable declaration in that judgement , that this judgement was not to be drawn into example , against any other officers , who should break their oaths , but onely against those , qui praedictum sacramentum fecerunt , & fregerunt , & * habent leges angliae ad custodiendum : that is , onely to the judges oaths , who have the laws intrusted unto them . this judgment was given 24 e. 3. the next year in parliament 25 e. 3. numb . 10. it was debated in parliament , whether this judgement was legall ? et nullo contradicente , it was declared , to be just and according to the law : and the * same judgement may be given in time to come upon the like occasion . this case is in point , that it is death for any jvdge wittingly to break his oath in any part of it . this oath of thorp is entred in the roll , and the same verbatim with the judges oath in 18 edw. 3. and is the same which the judges now take . ( and let those who have taken the same oath , with the * oathes of supremacy and allegiance too , remember and apply this president , lest others do it for them . ) your lordships will give me leave to observe the differences between that and the case in question . 1. that of thorp , was onely a selling of the law by retaile , to these five persons ; for he had five severall bribes , of these five persons ; the passage of the law to the rest of the subjects , for ought appears , was free and open . but these opinions are a conveyance of the law by whole sale , and that not to , but from the subject . 2. in that of thorp , as to those five persons , it was not an absolute deniall of justice , it was not a damming up , but a straitning onely of the chanel . for whereas , the judges ought judicium reddere , that is , the lawes being the birth-right and inheritance of the subject , the judge when the parties in suit demand judgment , should re-dare , freely restore the right unto them ; now he doth not dare , but vendere , with hazard onely of perverting justice ; for the party that buyes the judgment , may have a good and honest cause . but these opinions , besides that , they have cost the subjects very dear , dearer than any ; nay , i think , i may truly say , than all the unjust judgments that ever have been given in this realm , witnesse the many hundred thousand pounds , which under colour of them , have been levied upon the subjects , amounting to * seven hundred thousand pounds and upwards , that have been paid unto the treasurers of the navy ( in sundry years ) besides what the subjects have been forced to pay sheriffs , sheriffs bailiff● ( and now an hundred times more to troopers , and souldiers , who forcibly levy their unlawfull contributions and excises , though adjudged high treason in straffords case , and proved such by master st. john ) and otherwise ; which altogether as is conceived , amounts not to lesse than a million ( in five years space , whereas we pay above two millions in taxes , imposts , excises , every year ) besides the infinite vexations of the subject , by suits in law , binding them over , and attendance at the councel table , taking them from their necessary imployments , in making sesses and collections , and imprisonment of their persons ( all now trebled to what then . ) i say , besides what is past , to make our miseries compleat , they have as much as in them is , made them endlesse ( as others since have done , by uncessant endlesse taxes and excises : ) for by these opinions , they have put upon themselves and their successors , an impossibility of ever doing us right again , and an incapacity upon us of demanding it so long as they continue . ( as the compilers of the late instrument , with 42 strings , intitled , the government of the common wealth of england , &c. article 1 , 2 , 3 , 9 , 10 , 12 , 22 , 24 , 25 , 27 , 28 , 29 , 31 , 32 , 36 , 37 , 38 , 39. have done , as far as they , and much beyond them . ) in that sore famine in the land of egypt , when the inhabitants were reduced to the next door to death ; ( for there they say , why should we die ? ) for bread , first they give their money , next their flocks and cattle ; last of all , their persons and lands for bread , all became pharoahs ; but by this , lex regia , there is a transaction made , not onely of our persons , but of our bread likewise , wherewith our persons should be sustained ; that was for bread , this of our bread . for since these opinions , if we have any thing at all , we are * not at all beholding to the law for it , but are wholy cast upon the mercy and goodnesse of the king . again , there the egyptians themselves , sold themselves , and all they had to the king : if ours had been so done ; if it had been so done by our own free consent in parliament , we had the lesse cause to complain . but it was done against our wils , and by those who were intrusted , and that vpon oath , with the preservation of these things for us . the laws are our forts and bulwarks of defence : if the captain of a castle , only out of fear and cowardice , and not for any compliance with the enemy , surrender it , this is treason , as was adjudged in parliament , 1 r. 2. in the two cases of gomines and weston , and in the case of the lord gray , for surrendring barwick castle to the scots , in edward the thirds time , though good defence had been made by him , and that he had lost his eldest son in maintenance of the seige : and yet the losse of a castle loseth not the kingdom , onely the place and adjacent parts , with trouble to the whole . but by these opinions , there is a surrender made of all our legall defence of property : that which hath been preacht , is now judged ; that there is no meum and tuum , * between the king and people ; besides that which concerns our persons . the law is the temple , the sanctuary , whether subjects ought to run for shelter and refvge : hereby it is become templum sine numine , as as was the temple built by the roman emperour , who after he had built it , put no gods into it : we have the letter of the law still , but not the sense : we have the fabrick of the temple still , but the * dii tutelares are gone . but this is not all the case , that is , that the law now ceaseth to aid and defend us in our rights , for then possession alone were a good title , if there were no law to take it away : occupanti concederetur , & melior esset possidentis conditio : but this , though too bad , is not the worst : for besides that which is privative in these opinions , there is somewhat positive . for now the law doth not onely not defend us , but the law , it self , ( by temporizing judges and lawyers ) is made the instrument of taking all away . for whensoever * his majesty or his successors , shall be pleased to say , that the good and safety of the kingdome is concerned , and that the whole kingdome is in danger , the when , and how the same is to be prevented , makes our persons and all we have liable to bare will and pleasure . by this meanes , the sanctuary is turned into a shambles ; the forts are not slighted , that so they might neither do us good or hurt ; but they are held against us by those who ought to have held them for us , and the mouth of our own canon is turned upon our own selves : ( and that by our own military officers , souldiers and others since , as well as the ship money judges then . ) thus far master oliver st. john ( by the commons order ) whose words i thought fit thus to transcribe at large , because not only most pertinent , but seasonable for the present times ; wherein as in a looking glasse , some pretended judges and grandees , of these present and late p●st times , may behold their own faces and deformities ; and the whole nation their sad condition under them . in the residue of that printed speech , he compares the treason of the ship-money judges , and of sir robert tresylium and his complices in the 11 of r. 2. ( condemned , executed for traitors by judgment in parliament , for endeavouring to subvert the laws and statutes of the realm by their illegall opinions , then delivered to king richard at nottingham castle , not out of conspiracy , but for fear of death , and corporall torments , wherewith they were menaced : ) whose offence he makes transcendent to theirs in * six particulars , as those who please may there read at leasure , being over large to transcribe . i could here inform you , that the fundamentall laws of our nation , are the same in the body politique of the realm , as the arteries , nerves , veines , are in , and to the natural body , the bark to the tree ; the foundation to the house : and therefore the cutting of them a sunder , or their subversion , must of necessity , kill , destroy , disjoyn and ruine the whole realm at once : wherefore it must be treason in the highest degree . but i shall onely subjoyn here some materiall passages , in master st. johns argument at law , concerning the attainder of high treason of thomas earle of strafford , before a committee of both houses of parliament in westminster hall , aprill 29. 1641. soon after printed and published by order of the commons house : wherein p. 8. he lays down this position ; recited again , p. 64. that ( straffords ) endeavouring , to subvert the fundamentall lawes and government of england and ireland , and instead therefore to introduce a tyrannicall government against law , is treason by the common law. that treasons at the common law are not taken away by the statutes of 25. e. 3. 1 h. 4. c. 10. 1 mar. c. 1. nor any of them . the authorities , judgements , in and out of parliament , which he cites to prove it , have been already mentioned , some others he omitted ; i shall therefore but transcribe his reasons to evince it to be treason , superadded to those alledged by him against the ship mony judges . page 12. it is a war against the king ( let our military officers and souldiers consider it ) when intended . for alteration of the laws or government in any part of them . this is a levying war against the king ( and so treason within the statute of 25. e. 3. ) 1. because the king doth maintain and protect the laws in every part of them . 2. because they are the kings laws : he is the fountain from whence in their severall channels , they are derived to the subject . whence all our indictments run thus : trespasses laid to be done , contra pacem domini regis , &c. against the kings peace for exorbitant offences ; though not intended against the kings person ; against the king , his crown and dignity . page 64. in this i shall not labour at all to prove , that the endeavouring by words , counsels and actions , to subvert the fundamental laws and government of the kingdome , is treason at the common law. if there be any common law treasons at all left * nothing treason if this is not , to make a kingdome no kingdome . take the policy and government away , englands but a piece of earth , wherein so many men have their commerce and abode , without rank or distinction of men , without property in any thing further than in possession ; no law to punish the murdering or robbing one another . page 70 , 71 , 72. the horridnesse of the offence in endeavouring to overthrow the laws and present government , hath been fully opened before . the parliament is the representation of the whole kingdome , wherein the king as head , your lordships as the more noble , and the commons , the other members are * knit together in one body politique . this dissolves the arteries and ligaments that hold the body together , the laws . he that takes away the laws , takes not away the allegiance of one subject only , but of the whole kingdome . it was made treason by the statute of 13 eliz. for her time to affirm , that the law of the realm do not binde the descent of the crown . no law , no descent at all , no laws no peerage , no ranks nor degrees of men , the same condition to all . it s treason to kill a judge upon the bench ; this kills not judicem , sed judicium . there be twelve men , but no law ; never a judge amongst them . it s felony to embezell any one of the judiciall records of the kingdome : this at once sweeps them all away and from all. it s teason to counterfeit a twenty shilling peice ; here 's a * counterfeiting of the law : we can call neither the counterfeit nor the true coyn our own . it s treason to counterfeit the great seal for an acre of land : no property is left hereby to any land at all : nothing treason now , against king or kingdome ; no law to pvnish it . my lords , if the question were asked in westminster hall , whether this were a crime punishable in the star chamber , or in the kings bench , by fine or imprisonment ? they would say , it were higher . if whether felony ? they would say , that is an offence onely against the life or goods of some one , or few persons . it would i believe be answered by the jvdges , as it was by the chief justice thirning , in the 21 r. 2. that though he could not judge the case treason there before him , yet if he were a peer in parliament ; he would so adjudge it . ( and so the peers did here in straffords , and not long after in canterburies case , who both lost their heads on tower-hill . ) i have transcribed these pass●ges of mr. oliver s. john at large for five reasons . 1. because they were the voice and sence of the whole house of commons by his mouth ; who afterwards owned and ratified them by their special order , for their publication in print , for information and satisfaction of the whole nation , and terrour of all others , who should after that , either secretly or openly , by fraud or force , directly or indirectly , attempt the subversion of all , or any of our fundamental laws or liberties , or the alteration of our fundamental government , or setting up any arbitrary or tyrannical power , taxes , impositions , or new kinds of arbitrary judicatories , and imprisonments against these our laws and liberties . 2. to minde and inform all such who have not onely equalled , but transcended strafford and canterbury in these their high treasons , even since these publications , speeches , and their exemplary executions , of the hainousnesse , in excusablenesse , wilfulnesse , maliciousnesse , capitalnesse of their crimes ; which not onely the whole parliament in generality , but many of themselves , in particular , so severely prosecuted , condemned , and inexorably punished of late years in them : that so they may sadly consider , bewail , repent , reform them with all speed and diligence , as much as in them lies . and with all , i shall exhort them seriously to consider that gospel terrifying passage , ( if they have not quite sinned away all conscience , shame , christianity , religion and fear of the last judge , and judgement to come ) rom. 2. 1 , 2 , 3. therefore thou art inexcusable o man , whosoever thou art that judgest ; for wherein thou judgest another , thou condemnest thy self , for thov that judgest doest thov the same thing . but we are sure that the judgment of god is according to truth , against them who commit such things . and thinkest thou this , o man , that judgest them which do such things ; and doest the same , that thou shalt escape the judgment of god ? 3. to excite all lawyers ( especially such , who of late times have taken upon them the stile & power of judges ) to examine their consciences , actions , how far , all or any of them have been guilty , in the highest degree of these crimes and treasons , so highly aggravated , so exemplarily punished of former and later times , in corrupt , cowardly time-serving , degenerate lawyers , and judasses , rather than judges ; to the disgrace of their profession , ( now generally spoken against ) their own dishonour , infamy , reproach , the scandall of religion , which some of them have eminently professed : the prejudice and subversion of the fundamentall laws , liberties , rights , priviledges of our nation , peers , parliaments , and of the ancient fundamental government of this famous kingdome , whereof they are members : and that contrary to some of their own late judgments , sciences , consciences , votes , printed arguments , speeches , declarations , against others , even in and out of parliament ? and their own first charges in their circuits , repugnant to their later . 4. to instruct those jesuited anabaptists , levellers , and their factors , ( especially john canne , and the rest of the compilers , publishers , abetters of the pamphlet intituled , leiutenant colonel john lilburn , tried and east ; and other forementioned publications : ) who professedly set themselves by words , writings , counsels and overt acts to subvert both our old fundamentall ( with all other ) laws , liberties , customs , parliaments , and government , what transcendent malefactors , traitors , and enemies they are to the publique , and what capital punishments they may incurre , as well as d●merit , should they be legally prosecuted for the same ; and thereupon to advise them timely to repent of , and d●sist from such high treasonable attempts . 5. to clear both my self and this my seasonable defence of our fundamental laws , liberties , government , from the least suspition or shadow of faction , sedition , treason and emnity to the publique peace , weal , settlement of the nation , which those , ( and those onely ) who are most factious , and seditious , and the greatest enemies , traitors to the publique tranquility , weal , laws , liberties , government , and establishment of our kingdome ( as the premises evidence ) will be ready maliciously to asperse both me and it with , as they have done heretofore some other of my writings of this nature , with all which , they must first brand mr. st. john , mr. pym , the whole house of commons , the two last , with all other parliaments forecited , and themselves too ( from which they are so much changed and degenerated of late years ) ere they can accuse , traduce , or censure me ; who do but barely relate , apply their words and judgments in their purest times , without malice or partiality , for the whole kingdomes benefit ; security , and resettlement . to these punctual full juries of records and parliament authorities in point , i could accumulate sr. edward cook his 3. institutes , p. 9. printed and authorised by the house of commons speciall order , the last parliament . the severall speeches of m. hide , m. waller , m. pierpoint , and m. hollis , july 6. 1641. at the lords bar in parliament , by order of the commons house , at the impeachment of the shipmony judges of high treason , printed in diurnal occurrences , and speeches in parliament , london , 1641. p. 237 , to 264. m. samuel browns argument at law before the lords and commons at canterburies attainder , all manifesting , their endeavouring to subvert the fundamentall laws and government of the realm , to be high treason ; with sundry other printed authorities to prove ; that we have , * fundamental laws , liberties , rights ; and a fundamental government likewise ; which ought not to be innovated , violated , or subverted upon any pretences whatsoever , by any power or prevailing faction . which fundamental rights , liberties , laws , sr. thomas fairfax , and the army under his command , by their declaration of june 14. 1647. particularly promise and engage , to assert & vindicate against all arbitray power , violence , oppression , and against all particular parties or interests whatsoever , which they may doe well to remember and make good . but to avoid prolixity ( the double jury of irrefragable and punctuall authorities already produced being sufficient to satisfie the most obstinate opposites formerly contradicting it ) i shall onely adde three swaying authorities more , wherewith i shall conclude this point . the first , is a very late one , in a treatise , intituled , a * true state of the common wealth of england , scotland , and ireland , and the dominions thereunto belonging , in reference to the late established government by a lord protector and a parliament . it being the judgement of diverse persons , who throughout these late troubles , have approved themselves * faithfull to the cause and interest of god , and their country : presented to the publike , for the satisfaction of others . printed at london , 1654. who relating the miscarriages of the last assembly at westminster ( elected , nominated by the censurers of them , the army officers onely , not the people ) use these expressions of them , page 13 , 14 , 16 , 17 , 21 , 22. but on the contrary , it so fell out in a short time , that there appeared many in this assembly of very contrary principles to the interest aforesaid , which led them violently on to attempt and promote many things , the consequence whereof would have been , a subverting of the fundamentall laws of the land , the destruction of property , and an utter extinguishment of the gospel . in truth their principles led them to a pulling down all and establising nothing . so that instead of the expected settlement , they were running into further anarchy and confusion . as to the laws and civil rights of the nation , nothing would serve them , but a totall eradication of the old , and introduction of a new : and so the good old laws of england ( the guardians of our laws and fortunes ) established with prudence , and confirmed by the experience of many ages and generations : ( the preservation whereof , was a * principall ground of our late quarrell with the king ) having been once abolished , what could we have expected afterwards , but an inthroning of arbitrary power in the seat of judicature , and an exposing of our lives , our estates , our liberties , and all that is dear unto us , as a sacrifice to the boundlesse appetite of meer will and power , &c. things being at this passe , and the house ( through these proceedings ) * perfectly disjointed , it was in vain to look for a settlement of this nation from them , thus constituted : but on the contrary , nothing else could be expected ; but that the common-wealth should sink under their hands , and the great cause hitherto so happily upheld and maintained , to be for ever lost , through their preposterous management of these affairs , wherewith they had been intrusted . whereupon they justifie their dissolution , and turning them forcibly out of doores by the souldiers , with shame and infamy ; to prevent that destruction , which thereby was coming on the whole land , by this new powder treason plot , set on foot by the jesuites and anabaptists , to destroy our laws , liberties , properties , ministers , and religion it self , at one blow , and that in the very parliament house , ( where some destroyed and blowed up kings , peers and parliaments themselves , as well as lawes and parliament priviledges of late years ) where they had been constantly defended , vindicated , preserved , established in all former ages , by all trve english parliaments . the second is , * the votes of the house of commons , concerning a paper presented to them , entituled , an agreement of the people for a firm & present peace , upon grounds of common right , 9. november 1647 , viz. resolved upon the question , that the matters contained in these papers , are destructive to the being of parliaments , and to the fundamental government of this kingdom . resolved ; &c. that a letter be sent to the general , and those papers inclosed , together with the vote of this house upon them ; and that he be desired to examine the proceedings of this business in the army ( where it was first coyned ) and return an accompt hereof to this house . these votes were seconded soon after with these ensuing votes , entred in the commons journal , and printed by their special order , 23 novemb. 1647. a petition directed to the supream authority of england , the commons in parliament assembled , the humble petition of many free-born people of england , &c. was read the first and second time . resolved upon the question , that this petition is , a seditious and contemptuous avowing , and prosecution of a former petition , and paper annexed , stiled , an agreement of the people , formerly adjudged by this house , to be destructive to the being of parliaments , and fundamental government of the kingdom . resolved , &c. that thomas prince cheese-monger , and samuel chidley , bee forthwith committed prisoners to the prison of the gate-house , there to remain prisoners during the pleasure of this house , for a seditious avowing , and prosecution of a former petition and paper annexed , stiled , an agreement of the people ; formerly adjudged by this house , to be destructive to the being of parliaments , and fundamental government of the kingdom . resolved , &c. that jeremy ives , thomas taylor , and william larnar , bee forth-with committed to the prison of newgate , there to remain prisoners during the pleasure of this house , for a seditious and contemptuous avowing , and prosecution of a former petition and paper annexed , stiled , an agreement of the people ; formerly adjudged by this house , to be destructive to the being of parliaments , and fundamental government of the kingdom . resolved , &c. that a letter be prepared and sent to the general ; taking notice of his proceeding in the execution ( according to the rules of warre ) of a mutinous person ( avowing , and prosecuting this agreement in the army contrary to these votes ) at the rendezvous near ware , and to give him thanks for it ; and to desire him to prosecute that business to the bottome , and to bring such guilty persons as he shall think fit , to condign and exemplary punishment . resolved , &c. that the votes upon the petition and agreement annexed , and likewise the votes upon this petition , be forth-with printed and published . after which , by a special ordinance of both houses of parliament , 17 decemb. 1647. no person whatsoever , who had contrived , plotted , prosecuted , or entred into that engagement , intituled , the agreement of the people , declared to bee destructive to the being of parliaments , and fundamental government of the kingdom ; for one whole year was to be elected , chosen , or put into the office , or place of lord mayor , or alderman , sheriff , deputy of a ward , or common counselman of the city of london , or to have a voyce in the election of any such officers . all these particulars , with the capital proceedings against white , and others who fomented this agreement in the army , abundantly evidence the verity of my foresaid proposition , and the extraordinary guilt of those members and souldiers , who contrary to their own votes , ordinances , proceedings , and censures of others , have since prosecuted this , the like , or far worse agreement , to the destruction of our ancient parliaments , and their priviledges , and of the fundamental government , laws , and liberty of our nation : which i wish they would now sadly lay to heart , with that saying of augustine , approved by all sorts of divines , and a casuists ; non remittitur peccatum , nisi restituatur ablatu●● , & sciendum est , quod restitutio est in pristinum statum positio . the third , is the memorable statutes of 3 jacobi , c. 1 , 2 , 4. & 5. which relating the old gunpowder treason of the jesuits and papists , and their infernal , inhuman , barbarous , detestable plot , to blow up the king , queen , prince , lords , commons , and the whole house of peers with gunpowder , when they should have been assembled in parliament , in the upper house of parliament , upon the fifth of november , in the year of our lord , 1605. do aggravate the hainousness and transcendency thereof , by this circumstance , that it was ( as some of the principal conspirators confessed ) purposely devised and concluded to be done in the said house , that where sundry necessary and religious laws , for preservation of the church and state , were made , ( which they falsly and slanderously termed , cruel laws enacted against them , and their religion ) both place and persons should be all destroyed and blown up at once ; and by these dangerous consequences , if it had not been miraculously prevented , but taken effect ; that it would have turned to the utter ruine , overthrow , and subversion of the whole state and common-wealth of this flourishing and renowned kingdom , of gods true religion therein established by law , and of our laws and government . for which horrid treason , they were all attainted , * and then executed as traytors , and some of their heads , quarters , set upon the parliament house for terrour of others . even so let all other traytors , conspirators against , all blowers up , and subverters of our fundamental laws , liberties , government , kings , parliaments , and religion , treading presumptuously in their jesuitical footsteps , perish , o lord , * but let all them who cordially love , and strenuously maintain them against all conspirators , traytors , underminers , invaders whatsoever , be as the sun when hee goeth forth in his might ; that the land may have rest , peace , settlement again , for as many years at least , as it had before our late innovations , warres , confusions , by their restitution and re-establishment . chap. 2. having thus sufficiently proved , that the kingdom , and freemen of england , have some antient hereditary rights , liberties , franchises , privileges , customs , properly called fundamental , as likewise a fundamental government , no ways to bee altered , undermined , subverted , directly or indirectly , under the guilt and pain of high treason in those who attempt it , especially by fraud , force , or armed power . i shall in the second place present you in brief propositions , a summary of the chiefest and most considerable of them , which our prudent ancestors in former ages , and our latest real parliaments , have both declared to be , and eagerly contested for , as fundamental , and essential to their very being , and well being , as a free people , kingdom , republick , unwilling to be enslaved under any yorkes of tyranny , or arbitrary power : that so the whole nation may the more perspicuously know and discern them , the more strenuously contend for them , the more vigilantly watch against their violations , underminings in any kinde , by any powers or pretences whatsoever , and transmit , perpetuate them intirely to their posterities , as their best and chiefest inheritance . i shall comprise the sum and substance of them all in these ten propositions , beginning with the subjects property , which hath been most frequently , universally invaded , assaulted , undermined by our kings , and their evil instruments heretofore , and others since , and thereupon more strenuously , frequently , vigilantly maintained , fenced , regained , retained by our nobles , parliaments , and the people in all ages ( till of late years ) than any or all of the rest put together , though every of them hath been constantly defended , maintained , when impugned , or incroached upon , by our ancestors , and our selves . 1 that * no tax , tallage , aid , subsidy , custom , contribution , loan , imposition , excise , or other assesment whatsoever , for defence of the realm by land or sea , or any other publick , ordinary , or extraordinary occasion , may or ought bee imposed , or leavied upon all or any of the freemen of england , by reason of any pretended or real danger , necessity , or other pretext , by the kings of england , or any other powers , but only with and by their common consent and grant , in a free and lawful english parliament duly summoned and elected ; except only such antient , legal ayds , as they are specially obliged to render by their tenures , charters , contracts , and the common law of england . 2 that * no free-man of england ought to bee arrested , confined , imprisoned , or in any private castles , or remote unusual prisons , under souldiers , or other guardians , but only in usual or common gaols , under sworn responsible goalers , in the county where he lives , or is apprehended , and where his friends may freely visit and releeve him with necessaries ; and that only for some just and legal cause expressed in the writ , warrant , or process , by which he is arrested or imprisoned ; which ought to be legally executed , by known , legal , responsible sworn officers of justice , not unknown military officers , troopers , or other illegal catchpolls ; that no such free-man ought to bee denied bail , mainprise , or the benefit of an habe as corpus , or any other legal writ for his enlargement , when bailable or mainprizable by law ; nor to be detained prisoner for any real or pretended crime , not bailable by law longer than until the * next general or special gaol-delivery , held in the county where he is imprisoned ; when and where he ought to be legally tried and proceeded against , or else enlarged by the justices , without denial or delay of right and justice . and that no such free-man may , or ought to be out-lawed , exiled , condemned to any kinde of corporal punishment , loss of life or member , or otherwise destroyed or passed upon , but only by due and lawful process , indictment , and the lawful trial , verdict , and judgement of his peers , according to the good old law of the land , in some usual court of publick justice ; not by and in new illegal military , or other arbitrary judicatories , committees , or courts of high justice , unknown to our ancestors . 3 that the ordinary * standing militia , force , and arms of the kingdom , ought to reside in the nobility , gentry , freeholders , and trained bands of the kingdom , not in mercenary officers and souldiers , receiving pay , and contributions from the people ; more apt to oppress , inslave , betray , than protect their laws , liberties , and to protract than end their warres and taxes . that no free-men of england , unless it bee by special grant and act of parliament , may or ought to be compelled , enforced , pressed , or arrayed to go forth of his own county ( much less out of the realm into forreign parts ) against his will , in times of warre or peace ; or except he be specially obliged thereto by antient tenures and charters , save only upon the sudden coming of strange enemies into the realm ; and then he is to array himself only in such sort , as he is bonnd to do by the ancient laws and customs of the kingdom still in force . 4 that no a free-man of england may , or ought to be disinherited , disseised , dispossessed , or deprived of any inheritance , free-hold , office , liberty , custom , franchise , chattles , goods , whatsoever , without his own gift , grant , or free consent , unless it be by lawful processe , trial , and judgement of his peers , or special grant by act of parliament ; nor to be denied or delayed common right or justice in any case . 5 that the old received government , laws , statutes , customs , priviledges , courts of justice , legal processe of the kingdom , and crown , ought not to be altered , repealed , suppressed in any sort ; nor any new form of government , law , statute , ordinance , court of judicatury , writ● , or legal proceedings , instituted , or imposed on all , or any of the free-men of england , by any person or persons , but only in and by the b kingdoms , peoples free and full precedent consent in a lawful parliament , wherein the legislative power solely resides . 6 that parliaments ought to be duly summoned , and held , for the good and safety of the kingdom , every year , or every three years at least , or so soon as there is just occasion . that the election of all knights , citizens , and burgesses , to sit and serve in parliament ( and so of all other elective officers ) ought to be free . that c all members of parliament hereditary or elective , ought to be present , and there freely to speak and vote according to their judgements and consciences , without any over-awing guards to terrifie them ; and none to be forced , sequestered , or secluded thence by force or fraud . that all parliaments not thus duly and freely summoned , elected , freely held , but unduly packed , without due elections , or by forcible secluding , securing any of the members , or not summoning all of them to the parliament , and all acts of parliament fraudulently , or forcibly procured by indirect means d , ought to be nulled , repealed , reputed voyd , and of dangerous president . 7 that neither the * kings , nor any subjects of the kingdom of england , may or ought to be summoned before any forreign powers or jurisdictions whatsoever out of the realm , or within the same , for any manner of right , inheritance , thing belonging to them , or offence done by them within the realm , nor tried , nor judged by them . 8 that all subjects of the realm are e obliged by allegiance , oaths , and duty to defend their lawful kings persons , crowns , the laws , rights , and priviledges of the realm , and of parliament , against all usurpers , traytors , violence , and conspiracies . and that no subject of this realm , who according to his duty , and allegiance , shall serve his king in his warres , for the just defence of him and the land , against forreign enemies or rebels , shall lose or forfeit any thing for doing his true duty , service , and allegiance to him therein ; but utterly be discharged of all vexation , trouble , or losse . 9 that no publick warre by land or sea ought to be made or leavied , with , or against any forreign nation : nor any publick truce or league entred into with forreign realms or states , to binde the nation , without their common advice and consent in parliament . 10 that the kings of england , or others , cannot grant away , alien , or subject the crown , kingdom , or antient crown lands of england to any other , without their nobles and kingdoms full and free consent in parliament . that the antient honours , manors , lands , rents , revenues , inheritances , rights , and perquisits of the crown of england , originally setled thereon for the ●ase and exemption of the people from all kind of taxes , payments whatsoever ( unlesse in case of extraordinary necessity ) and for defraying all the constant , ordinary expences of the kingdome ( as the expences of the kings houshold , court , officers , judges , ambassadors , guard , garrisons , navy and the like ) ought not to be sold , alienated , given away or granted from it , to the prejudice of the crown , and burdenning of the people . and that all sales , alienations , gifts , or grants thereof , to the empairing of the publique revenue , or prejudice of the crown and people , are void in law , and ought to be resumed , and repealed by our parliaments and kings , as they have * freqeuntly been in all former ages . for the readers fuller satisfaction in each of these propositions ( some of which i must in the ensuing chapter but briefly touch for brevity sake , having elsewhere fully debated them in print , ) i shall especially recommend unto him the perusall of such tractates , and arguments formerly published , wherein each of them hath been fully discussed , which hee may peruse at his best leasure . the first of these fundamentalls , ( which i intend principally to insist on ) is fully asserted , debated , confirmed by 13. h. 4. f. 14. by fortescue lord chief justice , and chancellor of england , de laudibus legum angliae , dedicated by him to king henry the 6. f. 25. c. 36. by a learned and necessary argument against impositions in the parliament of 7. jacobi : by a late reverend judge , printed at london 1641. by mr. william hakewell , in his liberty of the subject against impositions , maintained in an argument in the parliament of 7 jacobi , printed at london 1641. by judge crooks and judge huttons . arguments concerning ship-mony , both printed at london 1641. by the case of ship-mony briefly discussed . london 1640. by m. st. johns argument and speech against ship-mony , printed at london 1641. by sir edward cook in his 2 institutes p. 46. and 57. to 64. and 528 to 537. by the first and second remonstrance of the lords & commons in parliament . against the commission of array . exact collection p. 386. to 398. and 850. to 890. and by my own humble remonstrance against ship-mony , london 1643. the fourth part of the sovereign power of parliaments and kingdomes , p. 14. to 26. my legall vindication of the liberties of england , against illegall taxes &c. london 1649. and by the records and statutes cited in the ensuing chapter , referring for the most part to the first proposition . the second , third , and fourth of them , are largely debated and confirmed by a conference desired by the lords , and had by a committee of both houses , concerning the rights and priviledges of the subject , 3 aprilis 4 caroli , printed at london 1642. by sir edward cook in his institutes on magna charta , c. 29. p. 45. to 57. by the first & second remonstrance of the lords and commons against the commission of array , exact collection p. 386. and 850. to 890. by judge crooks , and judge huttons arguments against ship-mony . by sir robert cotton his posthuma p. 222. to 269. by my breviate of the prelates encroachments on the kings prerogative , and the subjects liberties , p. 138. my new discovery of the prelates tyranny , p. 137. to 183. and some of the ensuing statutes , and records , ch . 3. see 1 h. 4. rot parl. n. 22 , 23 , 24 , 26 , 28 , 43 , 44 ▪ 47. the fift and sixt of them , are fully cleared , vindicated in and by the prologues of all our councills , statutes , laws , before and since the conquest . by 1. h. 4. rot. parl. n. 33 , 34 , 36. ( an excellent full president . ) sir edward cooks 4 institutes , ch . 1. mr. cromptons iurisdiction of courts , title high court of parliament . mr. st. johns speech against the ship-mony judges , p. 32 , 33. my plea for the lords ; my levellers levelled ; my ardua regni ; my epistle before my speech in parliament ; my memento , my sovereign power of parliaments and kingdomes , part . 1 , 2 , 3 , 4. my legal vindication against illegal taxes , and pretended acts of parliament , london 1649. prynnethe member , reconciled to prynne the bar●ester , printed the same year . my historical collection of the ancient great councils and parliaments of england , london 1649. my truth triumphing over falshood , antiquity over novel●y , london 1645. 3 e. 1. c. 5 , 4 e. 3. c. 14. 36 e. 3. c. 10. 1 h. 4. c. 3 , 4. 5 r. 2. stat. 2. c. 4. rastal tit . parliament . 1 h. 4. rot. parl. n. 21. 22. 48. 70. 31 h. 6. c. 1. 39 h. 6. c. 1. rot. parl. n. 8. 17 e. 4. c. 7. expresse in point , and some of the records hereafter transcribed . in this i shall be more sparing , because so fully confirmed in these and other treatises . the seventh , is ratified by sir edward cooks 1. institutes p. 97 ▪ 98. 4 institutes p. 89. and 5. report cawdries case , of the kings ecclesiasticall laws , rastals abridgement of statutes , tit , provisors , praemunire , rome , and other records and statutes in the ensuing chapter . the eight , is verified by the statutes quoted in the margin to it , and by other records in the third chapter . the ninth and tenth , are fully debated in my soveraign power of parliaments and kingdomes , par . 2. p. 3. to 34. part . 4. p. 1. to 13. and 162. to 170. touched in sir robert cottons posthuma , p. 174. 179. confirmed by sundry presidents in the next chapter . & by 1 h. 4. rot. parl. n 32. how all and every of these fundamentall liberties , rights , franchises , laws , have been unparalledly violated , subverted , in all and every particular , of late years , beyond all presidents in the worst of former ages , even by their greatest pretended propugners , their own printed edicts , instruments , ordinances , papers , together with their illegall oppressions , taxes , excises , imposts , sequestrations , rapines , violences , unjust proceedings of all kinds , will sufficiently evidence , if compared with the premised propositions . not to insist on any fore-past illegall imposts , taxes , excises , under which the nation lately groaned , imposed on us by unparliamentary junctoes , or the army officers alone from anno 1648 to 1653. without any real parliament by their own armed iurisdiction . i shall here instance onyl in 3. or 4 particulars , relating wholly to the first proposition , being of most generall , greatest present and future concernment of all other to the whole english nation , at this very instant most intollerably oppressed , grieved by them ; directly sweeping away all their fundamentall right of property , and consequentially all their liberty of person , laws , charters , at once , and that in perpetuity , beyond all hopes of future redemption , if not timely prevented by the vniversality , body of the realm , or their trustees . the first of them is , the present imposition , and continuance of the strange , oppressive , monstrous , general high tax of excise , imposed on most native and forreign commodities throughout england , and its dominions ; which as it was a meer stranger to all our ancestors , and those now living , till within these few years ; so it was no sooner projected by some evil malignant jesuited counsellers about the late king , but it was a presently condemned , and crushed in the very shell , when first intended to be set on foot in england by king charls , ( with the advise and consent of his privie council at white-hall ) by a commission under the great seal of england , dated the last of february , 3 caroli , issued to thirty three lords of his majesties privie council and others : which authorized , commanded them to raise monies by impositions or otherwise , as they in their wisdoms should finde most convenient ; and that only for these publike uses , the defence of the king , kingdom , people , and of the kings friends and allies beyond the seas , then in such imminent danger , that without extreamest hazard of the king , kingdom , people , kings friends and allies , it could admit of no longer delay . in which inevitable necessity , form and circumstance must rather be dispenced with than the substance lost . the commissioners being thereupon specially injoyned , to be diligent in the service , and not fail therein , as they tender his majesties honour , and the safety of the king and people . this commission was no sooner discovered , but it was presently complained of by the whole commons house , in the parliament , of 3 caroli , and upon conference with the lords it was immediately voted , adjudged by both houses , without one dissenting voyce , to bee ( ex diamethro ) against law , and contrary to the petition of right ; after which , it was cancelled as such in the kings own presence , by his consent , order , and then sent cancelled to both houses , for their satisfaction , before ever it was put in execution , and all warrants for , and memorials of it cancelled , damned , destroyed ; the commons further urging , that the projector thereof might be found out by strict inquiry , and exemplarily pvnished ( as the parliament journal attests ) notwithstanding all the specious pretences , of inevitable necessity , imminent danger , and the defence , safety of the whole kingdom , people , king , and his forreign protestant friends and allies ( then in greater real danger , than any now appearing ) this original parliamentary doom , judgement against that new monster of excise , was ratified , approved , pressed by both houses of parliament , in the cases of ship-money , and the commission of array , as you may read at large in mr. oliver st. johns speech and declaration , delivered at a conference of both houses concerning ship-money , 14 january , 1640. ( printed by the commons order ) p. 13. to 20. and , the lords and commons second declaration against the commission of array . exact collection , p. 884 , 885. from which they then drew this positive conclusion ( fit to be now considered by our new governours , and the whole nation ) * that to defend the kingdom in time of imminent danger , is no sufficient cavse ( for the king and his council , much less then for those who condemned , suppressed them for tyrants , and oppressors of the people ) to lay any tax or charge upon the subjects without their consent in parliament . yea the whole house of commons was so zealous against this dutch devil of excise , that in their remonstrance of the state of the kingdom , 15 decemb , 1641. exact collection , p. 3 4 , 6. they expresly brand , censure , the first attempts to introduce it , for a malignant and perni●ious design , to subvert the fundamental laws and principles of government , upon which the justice of this kingdom was formerly established ; as proceeding from jesuited covnsels , being most active and prevailing ; yea , for an unjust and perniciovs attempt , to extort great payments from the subjects . which was to be accompanied ( as now it is ) with billited souldiers in all parts of the kingdom , and the concomitant of german ( as now of english ) horse , that the * land might either subject with fear , or be enforced with rigovr to such arbitrary contributions as shovld be reqvired of them . and when some rumours were first spread abroad , that the commons hovse intended to lay excise upon pew●er and other commodities ; they were so sensible of the injustice and odiousness thereof , that they thereupon published a special declaration , printed 8 octob. 1642. exact collection , p. 638. wherein they not only disclaim , renounce any such intention , but branded those reports and rumours , for false and scandalovs aspersions , raised and cast upon the house by malignant and ill-affected persons , tending much to the disservice of the parliament : and ordered , that the avthors of them should be inquired aftèr , apprehended , and brought to the house to receive condigne punishment . after which this excise being notwithstanding this disclaimer , and much publick , private opposition against it , set on foot by some swaying members ( upon a pretence of necessity for support of the army ) to the great oppression , and discontent of the people ; the generall and general council of officers and souldiers of the army themselves , were so sensible of this illegal oft-condemned new grievance , that in the heads of their proposals , and particulars of their desires , in order to the clearing and securing of the rights and liberties of the kingdom , tendred to the commissioners of parliament residing with the army , the first of august , 1647. ( printed in their book of declarations , p. 118 , & . published by their own , and the lords house special order ) they ●ade this one principall desire to the parliament ; that the excise may be taken off from such commodities , whereof the poor of the land do ordinarily * live , and a certain time to be limited for taking off the whole . yet notwithstanding all these judgements and out-cryes against it ; some of those very persons who thus publickly branded it , both in the parliament house and army ; by irregular paper ordinances ( as they intitle them ) dated 24 december , 1653. march 17. 1653. and may 4. 1654. have by their own self-derived supertranscendent authority , without , yea against the peoples consents , or any authority from parliament , imposed , continued excise upon our own inland , and forreign commodities , in very high proportions , from the twenty fourth of march 1654. till the twenty fourth of march 1655. and ( which is most observable ) prescribed it to bee levied , by putting the parties to an ( ex officio ) oath against themselves ; by fines , forfeitures , seqvestrations , and sales of the refusers , opposers , personal and real estates , disstresses , breaking up of the parties hovses , seisvres of their goods , imprisonment of the persons of all such who shall hinder or oppose the ministers , or officers imployed in levying , or distraining for the same , by locking up the doors , or otherwise . and by these their unparalleld edicts they further order , that the officers of excise , both day and night , shall be permitted free entrance into all roomes and places whatsoever they shall demand , in brewers , sope-boylers , and others houses , under pain of forfeiture of fifty pounds for every refusal ( by colour whereof all mens houses may be robbed , plundered , and their throats cut by theeves and robbers , pretending themselves excise-men , souldiers , authorised to make such searches , as many of late have been . ) and they with all their assistants shall bee kept indenspnified in all causes relating to the excise , from time to time , against all sutes or actions brought , or other molestations , against them by the parties grieved ; who are * usually fined , imprisoned , enforced to pay costs of sute , only for suing for relief ) yea ( which i cannot think of without horrour and amazement ) all covrts of justice of this common-wealth , and all judges and justices of the same , sherifs , covnsellors , atturnies , solicitors , and all other persons , are thereby expresly required , to conform themselves accordingly , ( in all things ) withovt any opposition or dispvte whatsoever ; as the precise words of their ordinance of 17 march , 1653. proclaim to all the nation . which declares further , that it is necessary to provide a continval svpply for the carrying on the weighty affairs of this common-wealth ovt of this revenve of excise . and do not these clauses , ( compared with the 27. & 29. articles of their instrument , ) clearly discover , a fixed resolution in these new legislators , to continue , and perpetuate upon the whole nation , this importable grievance of excise , from year to year , without intermission or end , to be leavied by the means aforesaid ? to hinder all and every the freemen of england , from endeavouring to free or exempt themselves , or their posterities from it hereafter , by any sute , action , habeas corpus , or other legal remedy in any court of justice whatsoever ? yea peremptorily , positively to prohibit , enjoyn all courts of justice , judges , justices , sheriffs , counsellours , atturnies , solicitors , with all other persons of this common-wealth , both for the present and future ages , to give them the least legal assistance , advice , or relief against the same , or against any officers , or assistants which shall forcibly l●a●ie it by distress , fines , imprisonnents , confiscation of goods , sequestrations , sales of their personal or real estates , or otherwise ? i appeal then ( in the behalf of all the freeborn people of england ) the souls and consciences of these new ordinance-makers , with all the executioners of them in any kinde , before all the tribunals of heaven and earth , whether they have not by these their dismal ordinances , more desperately , irrecoverably , totally , finally ( as much as in them lies ) undermined , subverted ; and quite blown up at once , all the foundations of our hereditary fundamentall properties , liberties , laws for eternity , and levelled them to the dust , then the worst of all our kings or former councill-tables ever did ? deprived the whole nation , and every particular free-man in it , of all future benefit of our laws , statutes and courts of justice , for their just relief against this intolerable oppression ; and thereby reduced us to the condition of the most slavish , captivated , fettered bond-slaves and conquered vassals under heaven , without any visible means or hopes of future enfranchisement , under a pretext of fighting for , maintaining , protecting , enlargeing our former properties and freedomes & to a more miserable , sordid , servile condition , than either we or our ancestors sustained under the worst of al our kings and their most pernicious counsellors ; who never in any age attempted , tither to make or impose such extravagant enslaving ordinances or excises , with such strange penalties , forfeitures , imprisonments , sequestrations , sales , & most unrighteous monstrous inhibitions of all legal suites , & means for cheirrelief in courts of justice , as they have done : king charles himself ( though condemned , beheaded by them for the worst of tyrants and oppressors ) permitting his subjects free liberty , to dispute the legality of fines for knight-hood , ship mony , tonnage , poundage , loanes , excise and other impositions not — only in his parliaments , ( where they were fully debated without restraint , and laws passed against them afterwards by his own royall assent thereto ) but likewise in all his other courts , where they were first brought in question . yet now in our n●w free state , under these greatest pretended patrons of our laws and liberties , all courts , judges , justices , and other officers must conform to these illegall impositions , and their tyrannicall waies of inforcement , without any opposition or dispute whatsoever ; and all counsellors , attornies , solicitors and others , must neither argue , nor advise , nor act . in any kinde against them . and is this the glorious old antient english liberty , freedome , property , law , and free course of justice , wee have spent so many millions of treasure , so many years of publique consultations , warres , prayers , fasts , tears , and such oceans of precious christian protestant english blood , inviolably to maintain and perpetuate to posterity ? if any free-born english men whatsoever dare publikely averre it , let them do it at the perill of their infamy , execration in all future ages , yea of their own heads and souls . if they cannot but now absolutely disavow it , let them with shame and indignation disclaim , renounce such illegall ordinances , excises , as most detestable both to god and all true-born english free men . the 2 is , the present continuing impositions of customes tonnage and poundage upon goods , merchandizes imported and exported , without any grant thereof by parliament , by a new printed paper , entituled , an ordinance of march , 23 1653. thus peremptorily imposing them without any prologue or inducement to satisfy the people either in equity or justice , much lesse in their legality in respect of those who thus impose them for sundry years yet to come . be it ordained by his highness , the lord protector , with the advise and consent of the councell , that one act of parliament ( though no * act at all by any known laws , statutes , law-books , records , customes or constitutions of the realm , bu● a meer nullity ) entituled , an act for the continuation of the customes , until the 26 of march , 1653 , and all clauses and powers therein contained are , and are hereby continued , and shall and do stand in full force untill the 26 day of march in the year of our lord 1658. &c. by which these new legislators , by their own inherent superlative power , presume to impose this tax upon the whole nation , ( without any grant in parliament ) for full 5 years space , not only contrary to the * presidents in all former kings raigns , who never claimed nor received it , but by speciall grant in parliament ; but likewise contrary to this memorable remonstrance , made by the whole house of commons in the parliament of 3 caroli , ( never yet printed to my knowledge . ) most gracious soveraign , your majesties most loyall and dutifull subjects , ( the commons in this present parliament assembled , ) being in nothing more carefull than of the honour and prosperity , of your majesty and the kingdome , ) which they know doth much depend upon that union and relation betwixt your majesty and your people ) do with much sorrow apprehend , that by reason of the incertainty of their continuance together , the unexpected interruptions which have been cast upon them , and the shortness of time in which your majesty hath determined to end this session ; they cannot bring to maturity and perfection divers businesses of weight , which they have taken into their consideration and resolution , as most important for the common good . amongst other things , they have taken into especiall care the preparing of a bill for the granting to your majesty such a subsidy of tonnage and poundage , as might uphold your profit and revenue , in as ample manner as their just care and respect of trade ( wherein not only the prosperity , but even the life of the kingdom doth consist ) would permit . but being a work which will require much time and preparation , by conference with your majesties officers , and with the merchants , not only of london , but of other remote parts ; they finde it not possible to bee accomplished at this time ; wherefore considering it will be much more prejudicial to the right of the subject , if your majesty should continue to receive the same without authority of law , after the determination of a session , then if there had been a recess by adjournment only ( in which case that intended grant would have related to the first day of the parliament ) and assuring themselves , that your majesty is resolved to observe that your royal answer , which you have made to the petition of right of both houses of parliament ; yet doubting lest your majesty may be mis-informed concerning this particular case , as if you might continue to take those subsidies of tonnage and poundage , and other impositions of merchants without breaking that answer ; they are forced , by that duty which they owe to your majesty , and to those whom they represent , to declare , that there ovght not any imposition to be laid vpon the goods of merchants exported or imported withovt common consent by act of parliament , which is the right and inheritance of yovr svbjects , fovnded not only vpon the most antient and original constitvtion of this kingdom , but often confirmed and declared in divers sta●vte laws ? and for the better manifestation thereof , may it please your majesty to understand , that although your royal predecessors , the kings of this realm have often had such subsidies , and impositions granted unto them upon divers occasions , especially for the guarding of the seas , and safeguard of merchants , yet the subjects have been ever careful to use such cautions and limitations in those grants , as might prevent any claim to be made , that such subsidies do proceed from duty , and not from the free gift of the subject , and that they have heretofore limited a time in such grants , and for the most part but short , as for a year , or two ; and if it were continued longer , they have sometimes directed a certain space of resensation or intermission , that so the right of the subject might be more evident . at other times it hath been granted upon occasion of warre for certain numbers of years , with proviso , that if the warre were ended in the mean time , then the grant should cease . and of course it hath been sequestred into the hands of some subjects to bee imployed for guarding of the coasts ; and it is acknowledged by the ordinary answers of your majesties predecessors , in their assents to the bills of subsidy of tonnage and poundage , that it is of the nature of other subsidies , proceeding from the good will of the subject . very few of your predecessors had it for life , until the reign of henry 7. * who was so farre from conceiving he had any right thereunto , that although he granted commissions for collecting certain duties and customs due by law , yet he made no commission for receiving the subsidy of tunnage and poundage , until the same was granted to him in parliament . since his time , all the kings and queens of this realm have had the like grants for life , by the free love and good will of the subject ; and whensoever the people have been grieved by laying any impositions or other charges upon their goods and merchandizes without authority of law , ( which hath been very seldome ) yet upon complaint in parliament they have been forthwith releeved , saving in the time of your royall father , who having through ill counsel raised the rates of merchandizes to that height at which they now are , yet he was pleased so farre to yee●d to the complaint of his people , as to offer , that if the value of these impositions which he had set , might be made good unto him , he would bind himself , and his heirs by act of parliament , never to lay any other ; which offer the commons at that time , in regard of the great burthen , did not think fit to yeeld unto . nevertheless your loyal commons in this parliament , out of their especial zeal to your service , and special regard of your pressing occasions , have taken into their considerations ; so to frame a grant of subsidy of tunnage and poundage to your majesty , that both you might have been better enabled for the defence of your realm , and your subjects by being secure from all undue charges , be the more encouraged cheerfully to proceed in their course of trade ; by the encrease whereof your majesties profit , and likewise the strength of the kingdom would be very much augmented . but not being now able to accomplish this their desire , there is no * course left unto them without manifest breach of their duty , both to your majesty and their country , save only to make this humble declaration , that the receiving of tonnage and povndage , and other impositions not granted by parliament , is a breach of the fvndamental liberties of this kingdom , and contrary to yovr majesties royal answer to the said petition of right ; and therefore they do most humbly beseech your majesty to forbear any further receiving of the same , * and not to take it in ill part from those of your majesties loving subjects , who shall refvse to make paiment of any svch charges withovt warrant of law demanded . and as by this forbearance , your most excellent majesty shall manifest unto the world your royal justice in the observation of yovr laws ; so they doubt not hereafter , at the time appointed for their coming again , they shall have occasion to express their great desire to advance your majesties honovr and profit , the king dissolving this parliament on a sudden , and continuing to take tonnage and poundage by his royal prerogative without any act of parliament , sundry a merchants upon the commons remonstrance , refused to pay the same ; whereupon their goods were seised : of which they complaining in parliament , 16 caroli , were voted full reparations against the customers , with dammages for the same . and to prevent the kings claim thereunto by right ; with all future demands and collections thereof from the subject without grant in parliament , they declared and enacted by three special acts of parliament 16 , & 17 , caroli , that it is and hath been the antient right of the svbjects of this realm ; that no subsidy , cvstome , impost , or other charges whatsoever ovght or may be laid or imposed upon any merchandise exported or imported by subjects , denizens or aliens , withovt common consent in parliament , and that if any customer , controller , or any other officer , or person , should take or receive , or cause to bee taken or received the said subsidy , or any other impost upon any merchandize whatsoever , exported or imported , except the same be due , by grant in parliament , shall incur the penalties and forfeitures of a premvnire , to the which the king gave his royal assent . and to prevent any future prescription thereunto by the king , they discontinued it for some time , and then granted it specially from month to month , or some short space with sundry limitations , and the penalty of a premvnire if otherwise received , by several new acts of parliament , to which the king gave his assent . these acts the king himself in his proclamation of the sixteenth of december , in the eighteenth year of his reign , stiles , the fences of the svbjects property , received from vs , and understood by vs , as one of the greatest graces the crown ever conferred on the svbject ; and by that proclamation , he prohibited all his subjects , both the paiment and receipt of any monies for customs , or other maritine duties , contrary to this act , by any ordinance of both houses of parliament ; under pain of a premunire , and of being likewise proceeded against as ill-affected persons to the peace of the kingdome . whereupon the lords and commons in their answer to this proclamation ; though they declared ; that the intent and meaning of that penall clause of a praemvnire and other forfeitures ( in these new statutes , which likewise disable every person , customer , officers who should take or receive , or cause to be taken or received any such subsidy or imposition upon any merchandize , during his life , to sue or implead any persons , in any action reall , mixt or personal in any court whatsoever , ) was only to restrain the crown , from imposing any duty or payment on the subjects , without their consent in parliament : and that it was not intended to extend to any case whereunto the lords and commons give their assent in parliament ( which they never did to this new white-hall ordinance , nor the pretended act recited in it , therefore the imposers and receivers of it by vertue thereof , without such assent in parliament , are within the penalties of the aforesaid statutes : ) yet to avoid the danger of a praemunire in their officers , by exacting it only by an ordinance of both houses , without a speciall act of parliament ; they did by their first * ordinances , impose and demand customes , tonnage poundage and new imposts , not as a legal duty , but only by way of loane , til the act of parliament for their future continuance should be assented to by the king : as their declaration of 31 december 1642. and their ordinance of the same date , concerning the subsidy of tonnage and poundage attest . by what coulor of law , iustice , right , this antient birth-right of all english subjects , so lately declared by three acts of parliament , to which most of our late and present white-hall grandees were parties , comes to bee lost and forfeited by our contests to preserve it ; or how the customes , imposts of tonnage , and poundage , can bee now imposed , continued on , or exacted from the subjects by any powers , officers , or persons whatsoever , and levied by severest penalties , forfeitures , imprisonments , seisures , by pretext of this white-hal ordinance , ( though no waies granted by common consent and act of parliament , ) without incurring a praemunire ; and forementioned penalties , disabilities ; or without subverting the fundamental liberty , property , franchises , laws , statutes of the whole english nation , in a farre higher degree then ever in former ages , i cannot yet discern ; and all our new governours , merchants , customers , officers and other persons , who have any cordial affection , love , zeal to their own or the peoples hereditary rights and priviledges , may do well to demurre in law upon it , till they can satisfy their own and other mens consciences therein , to prevent the dangerous consequences of such an ill president to posterity . in the parliament of 1 h. 4. rot . parl. n. 32 , 33 , 34 , 36. these were the principall articles of impreachment exhibited against king richard the second ; for which hee was forced to depose himself , as unfit to govern , and resign up his crown to king henry the fourth . * that whereas the king of england out of the profits of the realm , and the patrimony belonging to his crown , might live honestly without oppression of his people , so as the kingdome were not burdened with the extraordinary expences of warre , that this king during the truces between the realm and the adversaries thereof ; gave and squandered away a great part of the crown-lands to unworthy persons , and thereupon exacted almost every year , so many taxes and grants of ayde from his subjects of the realm , that hee thereby greatly and too excessively oppressed his people , to the impoverishing of his realm . that the same king being unwilling to keep and defend the just laws and customes of his realm , and to do according to his pleasure , whatsoever should suite with his desires , frequently when the laws of his realm were expounded and declared to him by the justices and others of his council , who requested him to administer justice according to those laws , said expresly with an austere and frownning countenance , that the laws were his more suo , after his own maner ; and sometimes , that they were in his own breast , and that hee alone could alter and make the laws of his realm , and being seduced with this opinion , he permitted not justice to be done to very many of his leige people , but compelled very many to cease from the prosecution of common justice . that when as afterwards in his parliament certain statutes were made , which might always bind , till they were specially repealed by another parliament , the same king desiring to enjoy so great liberty , that none of these statutes might so binde him , but that he might execute and do according to the pleasure of his own will , which hee could not do of right ; subtilly procured such a petition to be presented to him in his parliament , in the behalf of the commons of his realm , and to be granted to him in the general ; that he might be so free as any of his progenitors were before him . by colour of which petition and grant , he frequently did , and commanded to bee done , many things contrary to the said statvtes not repealed , going against them expresly , and wittingly , against his oath at his coronation . that although by the statutes and customs of his realm , in the summoning of every parliament , his people in every county of the realm ought to be free , to elect and depute knights for the said counties to sit 〈◊〉 parliament , both to receive their grievances , and to prosecvte remedies thereupon , as it shall seem expedient to them ; yet the said king , that he might in his parliament be able to obtain the effect of his rash will , frequently directed his mandates to his sheriffs , that they should cause to come to his parliament certain persons named by the king himself , as knights of the shire ; which knights verily favouring the said king , he might easily enduce , as he frequently did , sometimes by divers threats and terrors , and sometimes by gifts , to consent to those things which were very prejvdicial to the realm , and very bvrdensome to the people ; and specially , to grant to the said king a subsidy for certain years , to the oppressing of his people overmuch . that although the lands and tenements , goods and chattels of every freeman , by the laws of the realm used in all former ages past , ought not to be seized , unless they had forfeited ; yet notwithstanding , the said king purposing & endeavouring to enervate these laws , in the presence of very many of the lords and commons of this realm frequently said and affirmed , that the life , lands , tenements , goods and chattles of every one of his subjects , are at his will and pleasure , without any forfeiture ( by the known laws ) which is altogether contrary to the laws & customs of the realm aforesaid . whether all these high misdemeanors charged against king richard , have not been revived , and acted over and over both by words and deeds in a farre higher degree than ever he was guilty of them , by some late , present whitehall grandees , army-officers , new instrument-makers , legitors , and imposers of excises , customs , imposts , tonnage , poundage , contributions for many years yet to come ; and of that constant annual revenue projected , intended by them in their 27 article : i remit to their own judgements , consciences , and our whole kingdom to resolve , and what they demerit for such extravagant high offences , for which he lost crown and regal power , let others determine . the 3. particular , is their late incumbent imposition of 6. moneths new contribution , by a meer self-enacted whitchall jurisdiction , without any consent , grant , in or by the people in parliament , by that they intitle , an ordinance of the 8. of ●une 1654. beginning thus ( in a most imperial stile , transcending all former acts of parliament , granting or imposing any subsidies ) without any prologue to sweeten it , or court the people to its ready payment . be it ordained and enacted by his highness the lord protector ▪ with the consent of his council , and it is hereby ordained , that towards the maintenance of the armies and navies of this commonwealth an assessement of one hundred and twenty thousand pounds per mensem for three monethe , commencing the 24 of iune , 1654 and ending the 29 of sept. following , shall be taxed , levied , collected and paid in england and wales in such sort as is hereafter expressed . the full sum of the said three months assessment of one hundred and twenty thousand pounds by the month , to be at once wholly collected and paid in to the receivers generall at or before the tenth day of october next , &c. the levying thereof upon the refusers hath been by distress of goods by souldiers , troopers , and quartering them on the refusers till payment , and double the value many times paid to , and exacted by the souldiers for their pains ; adjudged ( even by some of our new grandees votes who prescribe such taxes and wayes of levying them ) to be no less then high treason , and levying warre in * straffords case , for which principally he was condemned , and lost his head on tower hill , as a traytor . in this new whitehall tax without a parliament ( intended as a leading president to bind the whole nation in perpetuity , if now submitted to , as the 27 article intimates ) there is a double violation , subversion of the fundamental laws and properties of the nation in the highest degree . the first , is by the reviving , imposing of * ship-mony on the whole realm , and all inland counties , as well as maritine , for the maintenance of the navies by sea , ( which should be maintained only by the customs ) and that in a farre higher proportion than the shipmony imposed by writs by our late beheaded king ; amounting to no less than forty thousand pounds per mensem at last , by way of contribution alone , besides the customs , tonnage , poundage and excise paid towards it . this imposition of shipmony , by the late king , ( though ratified with the advise and consent of his council , many colourable presidents , records in all former ages , and the precedent resolution of all his iudges , under their hands , as just , and legally imposed in case of necessity and publike danger only , without consent in parliament ) together with the iudgement and proceedings of the iudges in the eschequer chamber in justification thereof , were in the last parliament , after solemne debate , by the * votes and iudgements of both houses , on the 20. ian. and 26 february , resolved ( nemine contradicent● ) to be contrary to the laws and statutes of this realm , contrary to the rights and properties of the subjects of this realm , contrary to former iudgements in parliament , contrary to the great charter and to the petition of right : and voted to be so declared by the iudges at the assizes in the severall counties ; the same to be entred and inrolled in the severall counties by the clerks of the assises . after which , it was for ever damned by a special act of parliament , to which the king himself gave his royal assent , ( afterwards cited and enforced by both houses . exact collection p. 886. 887. in the case of the array . ) and those iudges who argued , that the king might lawfully impose shipmony on the subjects , without a parliament in cases of danger and necessity , of which they affirmed him to be the sole iudge ; were by all impeached by the house of commons of high treason , for these opinions of theirs ; whereby they trayterously and wickedly endeavoured to subvert the fundamental laws and established government of the realm of england , and instead thereof to set up an arbitrary and tyrannical government against law ; of which at large * before . how any present powers or persons then , can either impose , justify , levy , enforce it upon any pretext of necessity , or publique danger , on the whole nation , after all these late resolutions , iudgements , votes , impeachments , and a special act of parliament so fresh in memory ( especially such who were parties to them ) without incurring the self-same impeachments and guilt , as these ship-mony iudges did , or a severer censure then they sustained , let their own conscsences , and those who may on● day prove their iudges , resolve them at leasure , being past my skill to doe it ? the 2. is , by the imposing of a direct heavy tax , tallage , and monthly contr●bution , and that only ( for the maintenance of such a land army , which hath offered force unto the members of both houses , subverted , destroyed that parliament , government , laws , libertie , for whose preservation they were specially raised , commissioned , engaged ) without , yea against the peoples assent in parliament : which no king of england , with the advice and consent of his council , had ever any right or power to doe , or audacity enough to attempt , no not william the conqueror , c●nute , henry the 4th . edward the 4th . or henry the 7th , who came principally by power of the sword , to their soveraign regall authorities . by what justice , power , legal right , any other person or persons whatsoever , who are neither rightfull kings , nor parliaments of england in their own or others repute , can either impose , levy , exact such extravagant heavy taxes , contributions , from the exhausted free-born people of england , ( especially being now pretended new free state , ) against all our fundamental lawes , statutes , franchises , charters , properties , liberties , records , parliamentary iudgements , their own late remonstrances , declarations , votes , the presidents of all former ages , yea of all our kings coming in by the sword to their thrones , let the imposers of them seriously advise , as they will answer it at their utmost peril to god , men , and the whole english nation ; who expected better things from them , even a total final exemption from all such illegal burthens , after all their late wars , agonies , expences , to redeem and preserve their lawes , liberties , estates , properties , posterities , from such exorbitant oppressions , diametrically contrary to all the forecited iudgements . resolutions , remonstrances , statutes , votes , presidents , and sundry others , which i shall hereafter insist on in the third chapter of this treatise to which i must refer you : and shall we not then adventure a distresse , a prison , quartering upon , or any other duresse , yea death it self , rather than volutarily submit our selves and posterities backs thereto , when as we spend our bloods , lives , treasures , against lesser , easier , royal impositions ? how shall we answer it to god , men , or our enslaved posterities , if we now most safely , unworthily submit thereto in perpe●uity , without the least legal , strenuous , publick oppression or debate of its legality . if any here allege ( as some men do ) in iustification of these three , ( or rather four ) forecited kinds of illegal universal taxes , imposed , levied , on the whole nation , without consent of parliament ; that they are all warranted by the instrument of the new gevernment , article 27 , 28 , 29. that a constant yearly revenue shall be raised , setled and established , for maintaining ten thousand horse and dragoons , and twenty thousand foot in england , scotland , and ireland for the defence and security thereof , and also for a convenient number of ships for guarding the seas , besides two hundred thousand pounds per annum , for defraying other necessary charges , for administration of iustice , and other expences of the government , which revenue shall be raised by the customes , and such other ways and means which shall be agreed u●o● . by the lord protector and council and shall not be taken away , or diminished , nor the way agreed upon for the raising of the same altered , but by consent of the lord protector and the parliament . that the said yearly revenue shall be paid into the publick treasury , and issued out for the uses aforesaid . that in case there shall not because hereafter to keep up so great a defence at land or sea , but that there be an abatement made thereof ; the mony which shall be saved thereby , shall remain in banke for the publick service , &c. ; all which they , in the true state of the case of the common-wealth , p. 43 , 44 , commend , for a most excellent provision , a co●stant revenue , a publike bank or treasury upon all occasions &c. , which they intend to perpetuate on the whole kingdom , without end or abatement , as well in times of peace , safety , as of war and danger . therefore the protector and his counsell at whitehall in pursuance hereof , may lawfully impose ( by vertue of these articles ) both excise , customs , tonnage , poundage , ship-money and contributions , for these ends upon our three whole kingdoms and all the freeborn english by printed ordinances of their own , in what proportions , and for what time they please ( yea and for perpetuity ) without consent or grant in parliaments , and restrain all future parliaments , both from taking away , or diminishing them , or altering the way agreed on for their raising , without their protectors consent thereto ; ( as the expresse words run , and their practise yet expounds them : ) notwithstanding all former laws , statutes , charters , resolutions , iudgements , remonstrances , oathes , vowes , declarations , presidents ) either in or out of parliament ) to the contrary . to this i answer , first , that i cannot but stand amazed to hear any army-officers , souldiers , lawyers , or persons in present trust or power , who bear the name or hearts of english freemen , saints , christians , lovers , patriots or protectors of their native country of england , its parliaments , laws , and liberties , to make such a stupendious irrational objection , as this , which justifies all the exorbitant opinions , proceedings , taxes , oppressions , impositions , of our late beheaded king , strafford , canterbury , the ship-money iudges , old whitehall council table , yea all our other former kings , and their evil counsellors most irregular exaction of mony in all ages from brute till now ; and will render the very worst of all our kings , if compared with our late and present tax-masters , and pretended assertors of our liberties , rather good , gracious , just , righteous , princes , benefactors , than tyrants or oppressors , for the future , seeing they never out of parliament imposed , enforced on their subjects any such heavy , various , perpetual taxes , imposts , excises , ordinances , or new articles of the government● , as these forecited . 2ly . this objection ( if admitted just or solid ) gives a private cabinet ●uncto , of obscure persons ( yet unknown by name unto our nation ) a superlative , super-parliamentall authority , to contrive and set on foot , a new devised instrument , to undermine and blow up all our former fundamental laws , customs , great charters , liberties , franchises , properties , parliaments , former frame of government at one crake , after all our late bloody , costly contestations for their preservation , both in the supream courts of publick iustice , and fields of war , without our privities or consents thereto , either in or out of parliament , contrary to all their and our protestations , oathes , covenants , commissions , trusts , promises , pretences ; and instead of english freemen ( as we were before these contests and wars ) to strip us quite naked of all our former freedoms , liberties , properties , customs , rights , derived to us from our noble ancestors , as the purchas of their dearest blood & render us & our posterities for the future , the most absolute issachars , vassals , slaves under heaven , inthralled to all sorts of intollerable , illegal , unpresidented , incessant , endlesse taxes of all kinds , without hopes of alteration or mitigation by any future parliaments , ( without their protectors or his successors voluntary consents , which they cannot expect ) and to a constant standing mercenary army of horse and foot , by land , and navies of hirelings by sea , to keep us and ours in perpetual bondage under such new irregular successive tax-masters ; who must elect their successors like themselves . 3ly . all our former antient laws , statutes , parliaments till now , in all changes , revolutions of state or government , ever constantly asserted , maintained , provided , * that no tax , tallage , custom , contribution , impost , subsidy , charge , excise , loan or payment whatsoever , should be imposed on the freemen of england , without their common consent and grant , in full , free , lawfull english parliaments ; and if any were imposed otherwise by any power or pretext whatsoever out of parliament , that it was null , and void to all intents , to bind the people . but these monstrous articles quite turn the scales ; impowring a few private persons ( neither elected nor intru●ted by the people for such ends ) by colour of this ill tuned instrument ( contrived privatly by themselves alone , as most conjecture , for their own self-interests ) to impose perpetuall imposts , excises , customes , contributions of all kinds , on our whole three kingdoms and nations , which neither they , nor their parliaments ( though never so grievous , extravagant , unreasonable or oppressive ) shall have power to take away , diminish , alter , or regulate in the forecited illegall , oppressing , violent wayes of levying them , unless their grand soveraign lord protector , shall first give his consent thereto ; ( which they cannot expect , nor enforce , ) and in cale of his refusall , they are utterly left remediless ; he having thirty thousand armed mercenary horse and foot in severall quarters by land , and a strong numerous . navy by sea at his command , to keep them under endless tributes to him and his successors for ever . o england , england , ( to omit scotland and ireland ) consider seriously , and timely , to what a blessed liberty , and long-expected freedome , this new invented instrument and the irish harp , lately quartered with the english bloody cross , as our free-state arms , hath now at last reduced thee , if these objected articles must remain inviolable , maugre all our laws , statutes , &c. to the contrary ; as our new tax-masters and their instruments , both literally and practically conclude , unlesse you use your uttermost , lawfull , present , diligent , joynt endeavours to prevent it 〈…〉 4ly , the whole house of commons , yea some who were parties to this instrument , lately impeached and with the lords ●ouse , by judgement of parliament condemned , beheaded the * earl of strafford , and archbishop of canterbury , as guilty of high treason ; in subverting our fundamental lawes , liberties , and setting up an arbitrary tyrannical government ; for resolving at the councel table , before-hand , to assist the king to raise monies on the subjects to carry on the warres against the scots , by extraordinary wayes , in case the parliament should prove peevish , and refuse to grant such subsidies as they demanded of them . and for straffords affirming , that ireland was a conquered nation , and that the king might do with them what he pleased : that they were a conquered nation , and were to expect lawes as from a conqueror . and that he would make an act of councel board in that kingdom of ireland , as binding as an act of parliament . and do not the objectors , contrivers of this new instrument articles , and those who now vigorously put it in execution in any kind ( as too many do ; ) speak out , and do as much , as bad , as they in each of these particulars ; nay farre more and worse ? do not they ( after the late violent breaches of our former parliaments , and their own junctoes by the army ) raise monies in more vast proportions , by more irregular , violent , extraordinary wayes , by longer continued taxes , excises , impositions , and constant yearly revenues , then they ever did or designed , quite out of parliament , by their own arrogated legislative tax-imposing power ? do not they by this very instrument , proclaim to all the world , that not only ireland and scotland , but england it self , is now a meer conquered nation ? that thereupon they may do with us what th●y please ; and we must not only expect , but receive lawes from them as conquerors ; having already published whole volumes of new-laws and ordinances of all sorts at their new-erected councel board ( which the old never did ) and made them as binding , not only to ireland , but england and scotland too , as an act of parliament ? yea farre more binding than any parliament acts , by binding the hands , power of future parliaments themselves , and our three whole nations ( as aforesaid ) and that in perpetuity ( which no * parliaments , nor acts of parliament can do ) and by repealing , nulling all our former fundamental laws , charters , liberties , free government made by parliaments , with our very parliaments themselves ? and if so , let the objectors now seriously consider both the treasonableness , unparliamentalness , sad consequences of this objection , and what ill effects it may produce in present or future ages . 5ly , the statutes of 25 e. 1. c. 2. & 42 e. 3. c : 2. yet in force , declare all judgements given or to be given by the justices , or any other , contrary to the points of the great charter , to * be void and holden for nought : and if any statute be made to the contrary , it shall be holden for none . therefore these instrument articles , and paper ordinances made by colour of them , in direct opposition to , and subversion of the points of the great charter , and all other acts for their confirmation , must needs be holden for nought and void to all intents , to bind this whole free-born nation , or any one freeman of england in particular . 6. if these articles and instrument ( for the premised reasons , and defect of legal power in the yet unknown instrument-makers ) be not void in law , to all intents and purposes , as all wise men repute them ; yet other clauses , and articles of this very instrument , ( admit it valid and obligatory to our nations ) give a fatal blow to all the forementioned excises , impositions , contributions by colour thereof , and to the objected articles . first the prologue to the oath , at the close thereof , proclaims the government setled by it , to be such , as by the blessing of god might be lasting , secure property , and answer the great ends of religion and libertie , so long contended for : but these articles ( as the objection and premises evidence ) do no wayes secure , but utterly subvert all property , in the highest degree ; and answer not , but eternally frustrate , abolish , the great ends of our religion ( condemning all illegal , unrighteous taxes and * tyrannical , usurping , oppressing arbitrary powers ) but especially of our liberties , so long contended for ; and are rather likely to raise new troubles and unsettlements , than make the government lasting ( as many late presidents , with those ancient ones in dr. beard his theatre of gods judgements , l. 2. c. 36. to 42. may perswade us : ) therefore it must be exploded , as repugnant to the whole scope of the instrument . 2. the 6. article of it is fatall and destructive to the objected articles ; viz : that the laws shall not be altered , suspended , abrogated , or repealed , nor any new law made , nor any tax , charge , or imposition laid upon the people , but by common consent in parliament . save only , as is expressed in the 30th article ( not 27. ) now these objected 27 , 28 , 29 articles , being diametrically contrary to every word , clause of this 6 article , and agreeable to our fundamental laws ( which the last clause of the oath obligeth their protector and his successors to maintain , and to govern the people by ) which laws must be all * altered , suspended , abrogated , repealed by these articles alone , if reputed valid ; in giving power to them , to impose any tax , charge , imposition upon the people , without common consent in parliament ; and being not within the saving of this , or the 30th article , must needs be void and repealed by this very sixt article , and the oath it self . 3. the 30th article following them , diametrically contradicts , repeals them in these words . that the raising of money for defraying the charges of present extraordinary forces both by land and sea , in respect of the present warrs , shall be by consent of parliament : save only , that the lord protector , with the consent of the major part of the councel , for preventing the disorders and dangers which may otherwise fall out both at sea and land , shall have power until the meeting of the first parliament ( on the 3. september 1654. ) to raise monies for the purposes aforesaid . the former part of this article is consonant to , and expounded by the 6. forecited , which is more generall : and the plain sense thereof is this . that all monies raised for defraying the extraordinary forces both by land and sea ( exceeding the antient standing garrisons , guards maintained by the old constant revenues of the crown , without any tax upon the people ) shall be by consent of parliament . therefore a fortiori ; all perpetual standing taxes , excises , contributions to maintain the ordinary and extraordinary forces by land or sea , and ordinary expences of the government ( which , in respect of their constancy , permanency , are far more grievous , dangerous to the subject than rare extraordinary ones upon emergent occasions ) must and ought not to be imposed by their new created power out of parliament , after the 3 of september . it any here object ; that the latter clause of the 30 article save only , &c. authorized those at whitehall , without a parliament , to impose excises , taxes , customs , ( impositions , contributions forementioned , and any other constant annual revenue they shall settle , according to the 27 article ; so as it be done before september 3. 1654. therefore they are all lawfull , because imposed before that time by their printed ordinances forecited . i answer , 1. that this saving , is utterly void in law , to all intents , 1. because it is not only contrary to all our fundamental laws , great charters , statutes , but repugnant to the body of the 6 article , and first part of the 30 ▪ to which it is annexed . 2. because it assigns the legislative tax-imposing power ( the inseparable incommunicable iurisdiction of our parliaments alone ) to a new whitehall councel , by a void instrument made out of parliament for a certain time , which biggest soveraign power , the parliament it self neither legally may , nor can , nor ought to transfer by any ordinance or . act of parliament to any committee of their own members , no not for a moment , as is both resolved and declared by act of parliament . 1 h. 4. c. 3. and rot. parl. 1 h. 4. n. 26 , 48 , 6 6 , 70. 31 h. 8. c. 8. 34 h. 8. c. 23. and 1. e. 6. c. 12. it being derogatory and destructive to the free state power , rights of parliaments , tending to the great incommodity of the whole realm , and of pernicious example to posterity , as the whole parliament of 1. h. 4 long since resolved in positive termes . 2ly . this saving is just like the popes old * detestable non obstante , at the close of their bulls ; quae omnem subvertit praehabitam justitiam , which subverted all the justice and privileges granted before to any in the body of those bulls ; and as pernicious as that * proviso , which the house of lords desired at first , to have inserted into the petition of right , which would have made it felo de se , because it insinuated that the king by his soveraign power where with the law had intrusted him , for the protection , safety , and happinesse of his people might impose any aid , tax , tallage , or charge upon his people without a parliament , though by his ordinary power he could not do it . which had left the subjects in worse case than it found them , and wholly destructive to it self in all the parts thereof : whereupon after a conference had concerning it by the commons , it was totally rejected by both houses ; as this salvo must be for the self same reason . 3ly . admit it valid ; yet it gives power to them to raise moneys for the maintenance by land and sea , only until september 3. 1654. and no longer ; as is evident by the very words themselves ; and the confession , exposition , ( of those who made the instrument , as most suppose ) in their , true state of the case of the commonwealth of england , &c. 1654. p. 39. 40. in these words this power is to continue only til the sitting of the next parliament . yea george smith in his new treatise , intituled , gods unchangeablenesse , &c. ( in justification of the present governour and government ) p. 54. writes thus ; and for his seeking to have power to make laws , and raise mon●ys , it is meer calumniation . he seeks it not , he claimes it not , but leaves it to the wisdom of parliament , as appears in artiole 6. ( as is thus excepted ) for and in cases of safety and necessity , till the time that this present parliament was assembled , and yet to be done by him with the advice of his council , so then he seeks not the strength nor treasure of the nation , nor to have it in his own power . therefore they can impose no taxes , excises , nor contributions by their printed ordinances to continue after its beginning ; nor by any future ordinances ( as they term them ) after that time . now the first tax of excise , forementioned , is imposed till the 26 of march 1655 which is 7 months after the 3 of september 1654. the 2 of customs , tonnage and poundage , is continued til the 26 of march 1658 , which is 3 years and 7 months after this 3 of september . and the 3 for the 6 months contribution reacheth till the 29 of december 1654 , which is near full 4 months after the first sitting of that their next parliament : and any constant yearly revenue setled by them , will far exceed this limited time , and all former taxes : therefore all these premised , and all other future excises , customs , impost , contributions by pretended ordinances for their levying after the 3 of september , exceeding the power and time limited by this saving , must be void , and no ways warranted by the very saving it self , and to be opposed as such . 4ly . to say , that although these several impositions continue after the 3 of september 1654 , yet they were imposed by their printed ordinances before it ; therefore within this saving is a most absurd excuse and shift , repugnant to the words , yea wholly destructive to the 6 article , and first part of the 30 , for by this reason had their forecited ordinances ( or any other dormant or future antedated ones yet unpublished ) imposed excises , customs , tonnage , poundage , contributions on us for twenty , fifty , an hundred , or a thousand years yet to come , before the 3. of september , they must have been binding to us and our posterities , during all that space , and unavoidable by the people , or future parliaments , by this saving and exposition of it . but the words of this saving , giving only power to raise monies until the méeting of the first parliament ; not to make new edicts any time before it to impose and continue taxes for any time or years after it , ( which would have forestalled , affronted the next and all future parliaments in their proper work , of granting , regulating all future taxes ( according to the 6. and 30. articles ) and made them meer cyphers : ) clearly takes away this evasion ; with all their former and future whitehall impositions after the 3 of september ; as contrary both to their instrument and oath . 5ly , the words of the 30th article whereto this saving refers , are observable , that they shall have power until the meeting of the first parliament , to raise monies for defraying the charges of the extraordinary forces both at land and sea , in respect of the present wars : to which , for the purposes aforesaid , in the saving relates . but the present warres being many moneths since ended , both by land and sea , by the peace concluded with forreign nations : and so no need , nor use of extraordinary forces to be still continued by land or sea ; the ancient trayned bands and militia of the realm , being now well able to defend , secure us at their owne cost , without any mercenary forces , excises or contributions , only to pay them ; the power of raising monies in this saving , with the grounds thereof , are now at an end , as well as our warrs ; and the whole 27 article too : since the old standing militia , and trayned bands of the 3. nations , will be a sufficient safeguard to them , without our mercenary army or forces ; which * usually prove treacherous supplanters , usurpers ; oppressors to all who rely 〈◊〉 them ; whereupon our prudent ancesters , since 〈◊〉 gernes usurpation , * intrusted their militia and defence of the realm , only in the hands of the nobility , gentry , freeholders , and persons of best ability and estates , not in mercenary armies ( which supplanted the britons : ) and our warres now ceasing , the antient revenues , lands , customes of the crowne , and perquisits of the courts of justice , will be sufficient to defray all the ordinary expences of the government , navy , old standing garrisons , ( if continued , though useless ) officers of state and justice , as they did in * all former ages , and still ought to do , for the peoples ease and benefit . 6ly , it hath been the special policy , care of our prudent fore-fathers and wise a parliaments , never to grant any annual tax or charge ( except tonnage ●and poundage in some cases for a limited time ) for publike defence , unto their kings and governours ; nor usually to give them above subsidy , or one or two fifteens , or a single escuage , and sometimes not so much , in any one parliament , upon any extraordinary occasion or necessity , and that upon these grounds . 1. because * extraordinary aydes , ought to be granted only for , and proportioned to extraordinary , present , emergent necessities , visibly appearing ; which being not lasting , but momentany and various one from another , no standing certain contribution can or ought to be allotted for them , but only a temporary and mutable ; the ordinary setled crown revenues being sufficient to defray all ordinary expences , without other aydes . 2ly , to keep a perpetual tye upon their kings and governours , to summon frequent parliaments , and redre●s all their grievances in them , before they should receive any grant of new ayds or subsidies from them , to supply their publique necessities ; to preserve a power and right in parliaments to examine the grounds and present necessity of all taxes demanded : and to * take an accompt how former taxes , & the kings revenues had been disbursed , before they granted new ones : all which the granting of standing annual aydes for publique defence would frust●●e . 3ly , to prevent the encroaching of a constant charge and revenue on the people , which if granted but for years , life ; or but twice or thrice in the same kind and proportion , without alteration , though but as a free gift in parliament , would thereupon be claimed , exacted from them afterwards , as a meer just annual right and revenue , without their future grants , as danegeld , was by some of our kings of old ; imposts once granted , by edward the 3. and other kings heretofore ; and the customes of tonnage & poundage by king charles of late . 4ly , to avoid all unjust oppressions of the people by imposing on them more taxes at once than the present urgent necessities required . 5ly , to prevent the inhaunsing , doubling of taxes by any new dangerous presidents ; sir edward co●k observes in his 4 institutes , p. 33. that the commons never used to give above one temporary subsidie , and two fifteens , in any one parliament , and sometimes less ; till the parliament of 31 eliz. which gave 2. subsidies , and 4 fifteens ; upon which first breach of this old circle and usage , their taxes still increased afterwards by degrees ; for in 35 , & 39 eliz. they rose to 3. subsidies , and 6 fifteens : in 43 eliz. to 4 subsidies and 8 fifteens : in 21 jacobi to 3 subsidies , and 6 fifteens , in shorter time then had been before : in 3 caroli , to 5 subsidies in shortest time of all : and now of late , to constant annual imposts , excises , & endless monethly contributions , amounting to at least 3 subsidies every moneth . 6ly , because a standing extraordinary tax ( especially for years or life ) when once claimed or received as part of the publique revenue , would be hardly relinquished , or discontinued , without much contest , and danger ; as appears by danegeld of old , and tonnage , poundage , excise , monthly contributions of late imposed as of right upon us , by every new upstart power ; and when once customarily claimed , collected as a duty , will no ways ease nor exempt the people from new extraordinary aydes and taxes . this is evident by that memorable president concerning abby-lands , in king henry the 8 his reign , setled on him as a large annuall standing revenue , of purpose to defend the realm , and ease the people from all future aydes , by the parliaments of 27 h. 8. c. 28. 31 h. 8. c. 13. 32 h. 8. c. 14. yet were these lands no sooner setled on the crown for these ends , but in the same parliament of 32 h. 8. the king demanded and ●ad of his subjects , one extraordinary subsidy both of the clergy and laity ; and 34 h 8. c. 16 , 17. & 37 h. 8. c. 24. he demanded and had the like subsidy of them again : and his successors the like and greater subsidies every parliament since . the like we see in the case of tonnage and poundage , granted only for the defence of the seas and realm against forraign enemies & pirates : which no sooner taken by the late king , as a standing revenue of the crown , but he exacted and levied against law , a new annual tax of shipmony , to guard the seas , for which very use he received tonnage , poundage , and the ancient customes ; as our late governors did , and present do ; together with new imposts and excises ; and yet impose land rates of forty thousand pounds a month besides , to maintain the navy . to instance in one particular more : our late new governours made sale of all archbishops , bishops , deanes , chapters , delinquents , kings , queens , princes , and sequestred lands and goods , both in england , scotland , and ireland , one after another ; under pretext , to ease the people in , and of their heavy taxes : but what was the issue ? all their taxes , excises , and other impositions were still continuep on them , without any intermission or diminution , nay advanced higher than ever , to 120 thousand pounds contribution by the month for england , besides scotland and ireland , even whiles all these lands and goods were selling ; the lands and goods sold , consumed , without any publique accompt yet given of the monies , or their disposall ; or any present ease to the oppressed people : and the ordinary standing revenues of the realm being now by this meanes decayed , dissipated , and almost brought to nothing ; these new projectors and dissipators of this vast publique revenue ; instead of easing , by colour of this instrument , resolve to impose upon the undone , long-oppressed peoples gauled , broken backs and estates , such perpetual constant , annual taxes , excises , imposts , revenues as you have heard , for the maintenance both of the army , navy , administration of justice , and other ordinary expences of the government ; which no kings of england ever yet received , or pretended to . which if any future parliaments shall be so mad , or improvident once to settle , or the kingdom not unanimously to oppugne ; if setled by them without a parliament , instead of easing of the people of their long insupportable taxes , now their wars are ended ; in all succeeding parliaments , they shall still be burthened with new extraordinary taxes , upon new pretended extraordinary occasions , and forces raised ( as the words of the 30 article , compared with the 27 and 29 , declare ) as if this new constant revenue had never been setled ; and if our parliaments refuse to grant them , these new projecting tax-masters ( who must dispose of all the moneys in the intervals of parliaments ) will impose and levy them at their pleasure , by their supertranscendent usurped tyrannical power and sword men , and dispose of them as they please without a parliament , as they have already done , without rendring any other publick accompt to the people thereof , than hath hitherto been given to them of all the many millions of treasure already extorted from them of late years , to no other end ( as appears by these articles of our new government ) but now at last , to bring and keep them under perpetual endlesse taxes of all sorts , and the intollerable , worse than turkish slavery of a perpetual domineering mercenary army , navy , instead of long promised liberty , ease and exemption from them , till they are all brought to a morsel of bread , and till their private estates be utterly consumed , as well as the publick crown and church revenues , yet remaining . the lad and serious consideration of all which premises , i humbly submit to the impartial iudgements , consciences of our present governours , army officers , souldiers themselves , how discrepant they are from all their former printed deolarations ; protestations , promises , vowes , engagements to the people , and what they expected from them ; it was the speech of the scythian embassadours , to alexander the grand conquerour of the world , * nec servire ulli possumus , nec regnare desideramus . si deus es , tribuere mortalibus b●nificia debes , non sua eripere , sic homo●es , id qu●d es semper esse te cogita , stultum est eorum memintsse propter quae tui oblivisceris : let it be all heroick english freemens to our pretended conquerors ; who may do well to remember that hermolaus and other officers , and souldiers of alexanders own guard , conspired his destruction , after all his persian conquests , for this very reason , which they justified to his face , * quia non ut ingenuis imperare caepisti , sed quati in mancipia dominaris ; because he had begun not to raign over them as freemen , but to domineer over them like slaves ; and because revelaetions in this age , may be more prevalent with some men than gods own oracles , or our lawes ; i shall inform our tax-imposing governours ; that st. bridget of sweden in the 8 book of her * revelations of the heavenly emperour unto kings , cap. 6 records ; that she had this revelation from the son of god , that kings and governours ought to love the people and commonalty of their realms : that they then shew they truly love them , when they permit them to enjoy their approved laws and liberties ; when cruel exactors and collectors domineer not over them ; if they burthen them not with new inventions of impost , taxes , and tributes , nor with grievous and unaccustomed hospitality , permanencies or freequarter ; for although for the resisting of infidels they may humiliter petere auxilium a populo ; humbly request an aid from the people and commons of their realms ( not imperiously impose it ) when there is a necessity ; yet let them beware quod necessitas illa non veniat in consuetudinem & legem , that the necessity comes not into a custom and law : * for that king ( or ruler ) who layes not aside his unjust exactions , and fraudulent inventions to raise monies , and oppresse his people , making his reigns and kingdoms meer robberies and rapines , as most then did , and n●w too ) let him know for certain he shall not prosper in his doings , but shall lead and end his life in grief , dismisse his kingdoms in tribulations ; his son and posterity shall be in such hatred , reproach and confusion , that all men shall wonder thereat ; & his soul shall be tormented by the devils in hell : which she manifests by the * example of an unjust tax-imposing king , damned to hell , and there tormented by the devils : for that to retain the kingdom to himself , and defend it from invasions , he petended the antient revenues of his eschequer would not defray the expences of the government , and realms defence ; whereupon he devised certain new inventions , and fraudulent exactions of imposts , tributes , taxes , and imposed them on his kingdome , to the dammage of the natives , and oppression of innocent merchants and strangers ; although his conscience dictated to him , quod ista erant contra deum , et omnem iustitiam , et publicam honestatem : that these things were against god , and all iustice , and common honesty ; as our forementioned excises , imposts , taxes are now . let those who are now guilty of this sinne in the highest degree , beware they incurre not the self-same temporal and infernal punishments , thus threatned to and inflicted upon others . and let our whole english nation and their trustees , upon serious consideration of all the premises , beware how they in any kind , through fear or cowardise , submit their necks or backs to the forementioned illegal yokes and burdens , of perpetual standing excises , imposts , contributions , and taxes , to enslave themselves and their posterities for ever to an oppressing military new government , and perpetual army : for which end i shall only recommend unto their meditation and practise , this observation and policy of our prudent ancesters , * binus actus inducit consuetudinem ; that a double generall submission to , and payment of such exorbitant illegal taxes , will introduce a customary , future exaction and payment of them ; which made them always ( as we have greatest reason now to do ) peremptorily to withstand the firs , to prevent a second customary , future exaction and payment in like kind ; pursuing the poet ovids old sage counsel , wherewith i shall conclude this point . * principiis obsta : serò medicina paratur cum mala per longas invaluere moras , how transcendently all the other fundamental laws , liberties , rights of our english freeborn nation have by late and present governours and their instruments been infringed , subverted in an higher avowed degree than ever in former ages , by forcible tyrannical proceedings of all kindes , in breaking open mens houses , by armed souldiers , and other unsworn illegal officers , excise-men , sequestrators , both by day and night ; seising their persons , horses , armes , papers , writings ; ransacking their studies , truncks , cabinets , upon false surmises , suspicions ; close imprisoning their persons ( by multitudes ) without , before any examination , particular accusation , hearing , trial , in unusual places ; and some of them in remetest isles , garrisons under souldiers : their pressing of men for land and sea service , and carrying them away perforce by soldiers , troopers , officers , mariners , ( like so many prisoners ) out of their own counties and the realm , to unnatural , unchristian warrs , against their wills and consciences : their disinheriting many thousands of english freemen of all sorts , of their freeholds , lands , offices , fra●chises , honors , authorities ; spoyling them and theirs of theirs goods , chattles , estates , lives , in and by arbitrary committees , martial , & other extravagant courts of highest injustice : subverting , changing our ancient fundamental lawes , statutes , and enacting new without the peoples free consents in lawfull , english parliaments : altering the whole frame and constitution of our monarchy , government , and parliaments themselves : depriving the people of the free election of their parliament members , and other elective officers , contrary to our lawes , charters , usages ; securing , secluding the members of parliament themselves , by armed force ; dissolving parliaments by the sword alone , without writ or legall power , contrary to acts and privileges of parliament ; by erecting new legislative , tax-imposing , self-created powers , ( not elected by the people ) at whitehall and elsewhere , not to be paralleld in any age . by creating new-treasons contrary to the old ones , and the statute of 25 e. 3. and condemning , sequestring , imprisoning , executing english peers and freemen , only for their loyalty , duty to their lawfull soveraigns , and defence of the rights , privileges , liberties , laws of the kingdom , parliament , nation , according to their oathes , protestations , league , covenant , and gods own precepts , against the publique enemies , oppugners , vnderminers , subvertors of , and conspirators against them . by making publick wars at land and sea with our christian protestant brethren , and other nations ; and concluding leagues , truces without common consent or advice in parliament . by alienating , selling , giving , squandring away the ancient demesnes , lands , honours , rents , revenues , rights , inheritances of the crown of england , ( yea of scotland and ireland likewise ) to officers , souldiers of the army , and others , for pretended arrears , services , or inconsiderable values ; which should defray all the constant ordinary expences of the government , publique , state officers , embassadours , garrisons , navy , courts of the kingdom , and ease the people from all kind of taxes , payments , contributions whatsoever towards them ( except in extraordinary emergent cases and necessities in times of war , requiring extraordinary expences for their publique safety supplied by aydes and subsidies granted only by common consent in parliament only , and not otherwise ) which now must be wholly , or for the greatest part defrayed by the people alone , out of their own exhausted private estates , by endlesse taxes , excises , contributions ( as appears by the 27 , 28 , 29 , 30. articles of their new ill sounding instrument foreinsisted on ) whiles others , without right or legal title , enjoy the old standing demesnes , lands , rents , revenues and perquisites of the crown for their private advantage without any acts of resumption ( * usual in all former ages ) to keep the kingdom , nation from becoming bankrupts , and people from oppression ) which should ease the people of those intollerable constant burthens lately laid upon them , against all justice , law , conscience , and make insufferable wasts , and spoyles of the stately houses , timber , wood● , mines , forrests , parkes of the crown , without restraint , to the kingdoms extraordinary prejudice ; for which they ought to give an account and make full reparations , if the earl of devonshires case , cook 11 reports f. 89 ▪ 90 , 91 be law. and by sundry other particulars ( requiring whole baronian volumes , to recite and specifie to the full ; ) is so well known by dayly experience , and multitude of presidents fresh in memory , to our whole three nations , that i shall here no further insist upon them . all which experimentally confirm the truth of our saviours own words . iohn 10 , 1 , 10. verily , verily i say unto you , he that entreth not by the do●r into the sheepfold , but climbeth up some other way , the same is a theef and a robber ; the theef cometh not but steal and to kill , and to destroy , whatever his pretences be to the contrary . and this rule of johannes angelius wenderhagen : politiae synopticae , lib. 3. c. 9. sect . 11. p. 3. 10. hinc regulae loco notandum . quod omne regnum vi armata acquisitum in effectis subditos semper in durior is servatutis conditiones arripiat , licet a principio dulcedinem prurientibus spirare videatur ; ( which we now find most true , by sad , sensible experience ) ide● cunctis hoc cavendum , ne temere se seduci patiantur . finis . notes, typically marginal, from the original text notes for div a56162-e750 this epistle should have been printed before the first part ; but was omitted through hast . a see the several epistles of frederick the emperor against pope gegory the 9 , and innocent the 4 recorded by mat. paris , p. 332. to 693. sparsim . b see extra● de majoritate & obedientia : augustinus triumphus : bellarminus , becanu● , and others , de monarchia remani pontificis . hospinia● hist . jesui . l. 3 , & 4. * henricus de knighton , de eventibus angli ae , l. 2. c. 14 , 15. c see massaeus vegius & petrus ribadeniera in vita ignatii loyolae . heylins micracosme , p. 179. d see lewis owen his jesuites looking-glass , printed london 1629. the epistle to the reader , and p. 48 to 58. jubilaeum , sive speculum jesuiti●um , printed 1644. p. 307 to 213. hospinian hist . jesuitica , l. 2. * speculum jesuiticum . p. 210. see romes master-peice & conterburies doom , p. 435 , &c. hidde● works of darkness . 88 , 144. e mercure iesu●le , tom . 1. p. 67. speculum jesuitieum p. 1. 56. f see lewis owen his running register , & his jesuited looking glass . the anatomy of the english nunnery at lisbone . g de monarchia hispanica , p. 146 , 147 , 148 , 149 , 204 , 234 , 235 , 236 , 185 , 186. h see thomas campanella de monarchia hispaniae . watsons quodhbets , co●loni posthuma , p. 91. 10 107. cardinal de ossets letters . arcana imperii hispanici del●h . 1628. advice a tous les estat's de europe , touches les maximas fundamentales de government & diss●iennes espaginols , pa●is , 1625. i set my speccb in parliament , p. 107. ●o 119. and the history of independency . k exact coll●ction , p. 651 , 652 , 662 , 666 , 813 , 814 , 8●6 , 826 , 827 , 832 , 902 , 904 , to 920. a coll●ction of ordinances , p. 267 , 313 , 354 , 424. l see put●●y projects , the history of independ●ncy , and armies declarations , papers , proposals . printed together , london , 1647. * de monarchia hisp . c. 25 , 27. an excellent cove●y of 〈◊〉 stable , asonakle 〈◊〉 and 〈◊〉 . * no● 〈◊〉 date . * hospinian . hist . jesuit . l. 4. m quando eorum malitia hoc exigit & reipub. vel ecclesiae necessitas sic requirit . speculum jesuiticum , p. 168 , 169 , 170. mercure jesuite , part. 1. p. 884 , 885. alfonsi de vargas relatio . &c. ● . 55. n see thei● remonstrance from sl. albans , 16 nov. 1648 , and decem. 7. with other papers . * attributed to ●ne jesuite tresham . * see watsons q●●libets , p. 295. &c. * alphonsi de vargas relatio , &c. c. 55. spe●ulum jesuiticum , p. 162 , 163. * hospinian . hist . jesuitica , l. 3. o hist . gallica , & ●elgica , l. ● . p. 126. speculum jesuiticum p. 46. hospinian . hist . jesuitica , l. 3. ● . 159. p see speculum jesuiticum and the general history of france in h. 3. hospinian . hist . jesuitica , l. 3. f. 151 , 152. q speculum jesuiticum , p. 75. r see the general history of france in the life of henry 4. and lewis 13. speculum jesuiticum , p. 77 , 80 , 126 , 235. hospinian . hist . jesuitica , l. 3. p. 153 , to 158. * speculum jesuiticum , p. 80 , 81. hospinian . hist . jesuitica , l. 3. f. 156 , 157. * hospinian . hist . j●su . l. 3 ● . 157 , 158. * see the general history of france in hen. 4. and lewis 13. dr. john whites defence of the ●●●y , c. 10. p. 46. ſ see grimstons history of the netherlonds p. 764. thuanus l. 79. p. 186. speculum jesuiticum . p. 60 , 61. * de monarch . hisp . ● . 27. p. 258. * chron. belgiae tom. 1. p. 719. tom. 2. p. 97. meteranus l. 17. p. 575. hospinian . hist . jesuitica , l. 3. f. 205. t speculum jesuiticum , p. 127. v see speed and cambden in her life . bishop carletons thankful remembrance of gods mercy , london 1624. x hospinian . hist . jesuitica , speeds history , p. 1181. cambden , stow , holinshed in the life of queen elizabeth . speculum jesuiticum , p. 73. * see watsons quodlibets . y see speeds hist . p. 1240 , 1242 , 1243. john s●ow , and how ; 1 jac. z cook 3 in●●itutes , p. 7. and calvins case 7● report , f. 10 , 11. 1 jac. c. 1. * see fox , holinshed , speed , 1 mariae , a see 3 jac. c. 1 , 2 , 4 , 6. speeds history , p. 1250 , to 1256. the arraignment of traytors , with others . prayers for the 5 of november . hospinian . hist . jesuitica l. 3. f. 163 , to 170. b speeds hist . p. 1242. the arraignment of traytors , and m. john vicars history of the gunpowder treason . * see militiere his victory of truth , 1654. dedicated to the king of great brittain . c see my epistles to jus patronatus , and speech in parliament . nota. * in his victory of truth , 1654. p. 15 , 18 , 24 , 25 , 26 , 27. * vpon which ground , many of them have since solemnized the 30 of january , instead of november 5. * see militiere his victory of truth , p. 4 , to 50 * jer. 5. 31. d romes master-piece , p. 8 , 18 , 19. * romes master-piece , p. 8 , to 22. c the victory of truth , anno 1653. * hospinion . hist . jesuitica , l. 3. f. 214. l. 4. f. 264. * printed by it self , and at the end of my speech in parliament . * see an apologetical declaration of the province of london , &c. jan. 24. 1649. f page 5 , 7. 8 , 18 , 33 , 39. &c. g see my speech in parliament , and memento . the epistle to my jus patronatus , & tho. campanella de monarchia hisp . 6. 25. * see the declaration of the secluded members , the london ministers and others , representation to the general , and the second part of the history of independency . * to their general & officers , even in unlawful acts against the parliament , king , kingdom . * hospinian . hist . jesuitica , l. 3. romes master-piece . h jubilaeum , five speculum jesuiticum epigramma . i hasen mullerus hest . jesuit . c. 1. speculum jesuiticum , p. 61. k exact collection , p. 12. 10 20 97 , 98 , 106 , 108 , 207 , 461 , to 465. 491 , 492 , 498 , 508 , 574 , 616 , 631 , to 670. 812 , to 828 , 832 , 834 , 849 , 890 , to 918 , 651 , 652 , 653. a relatio de s●ratogematis & sophismatis j●suitarum , c. 4 , 6 , 7. a rom. 10. 15 b rom. 15. 33 heb. 13 29. c isai . 9. 6. d mat. 26. 52. e isai . 2. 4. mica . 4. 3. f cap. 7. p. 47 and c. 23. p. 132. g see hospinian . historia jesuitica . l 4. f. 212 , 213 , 214. and l. 3. throughout . thuanus hist . l. 4. h genevae , 1620. * yet these plead for a toleration among us , and enjoy it . nota. i richardi dinothi historia de pello civili gallico , l 6. p. 151. &c. the general history of france . p. 778. 779 hospinian . historia jesuitica f. 149. 150 thuanus historia . l. 63. k dinothus , peter mathew , thuanus general history of france , meteranus , and others . l speculum jesuiticum , p. 92. m meteranus historia . l. 23. speculum jesuit . p. 100. n see h●spinian . historia jesuitica l. 3. f. 160. 161. 162 o hidden workes of darkness brought to publique light . romes master-peece , conterburies doome . p exact collect. p. 651 , 652. 662. 668. 813. to 832. 902. to 920. q the royal popish favourite p. 58 , 59. hidden workes of darkness brought to light p. 198. r the royall popish favourite . p. 58. 59. hidden workes of darkness p. 198. nota * exact collect. p. 12 , 13. s hidden workes of darkness brought to publique light p. 189. to 199. and romes master-peece . t see the kings declaration concerning that treaty , hidden workes of darkness . * speculum sive jubilaeum jesuiticum . u hidden workes of darkness p. 225. 226. canterburies doom . p. 459. nota. * see bellarmin . de no●is eccl. nota. 15. x speculum five jubilaeum jesuiticum . p. 220. to 224. y see hidden works of darkness brought to publike light , p. 219. to 250. the rise and progress of the irish r. bellion , and others . z hidden works of darkness , p. 243. * hidden work● of darknes , p. 226. * exact coll. p. 662 , 666 , 813 to 832. a collection of ordinances , p. 267 , 318 , 354 , 424 , and the history of independency . * see tho. campanella de monarchi● hisp . c. 25 , 27. * see the 27 article of the instrument of government . * exact coll. p. 3 , 4. 461 , 462 491 497 , 498 , 917 , 631. * is not ours so ●ow ? * see the new government of the common-wealth of england , artic. 25 , 26 , 32. 33 , 34. 41. * alphonsi de va●gas relatio cap. 5. * speculum jesuiticum p. 217 218 , 219. * see joh. 10. 1. ezech. 18. 5. to 14. levit. 6. 1. 4. job . 20. 19 , 20 c. 24. 2. to 15 obad. 5. jer. 49. 9 , 10. * alphonsi de vargas relati● &c. c. 5. 7. see c. 2 , 3 , 16 , 18 , 19 56 , 57. & hospinian historia jesuitical . 206 207. * hidden works of darknesse brought to publique light , p. 203 , 204. * exact coll. p. 3 , 4 &c. * quere , whether the high court of justice had not its title from hence * stew watsons dialogue between a secular priest and lay gentleman ▪ printed at rhemes , 160● . p. 95. * and is not this the cheif reason of their late endeavoured alterations * and was not this the very principal engin lately used to alter our old fundamental government , cut off the king , and divest his posterity of their three kingdoms ? witnesse the armies printed declarations , and the junctoes votes in pursuance of them , jan. 3. 1648. see mene t●kel percz by john rogers . * a great stickler against our laws and a promoter of this jesuitical designe . * this he hath since this epistle penned , affirmed in a printed speech in the painted chamber before a greater assembly , sep. 4. 1654 p. 16 , 17. * the more shame for those who suffer it ? * therefore of the army and others rulers by this clear publike confession in print . * a● amongst other , eleazar and joseph bar isaiah , 2 cheating impostors and villains , who bavecheated good people of some thousands of pounds the 1 of them would have for tibly ravished a maid in march last , & fled away in the night to avoid apprehension , from dursly in glocestershire . he confessed in his drink he was a souldier in prince ruperts army . * 3 jac. c. 1 , 2. the arraignment of traitors , speed , stow. 3. jac. * romes master piece p. 8. &c. 13 , 24. hidden works of darknesse brought to publike light p. 189. 190. 196. 202. 211. 253 , 254. exact collection p. 12. 13. canterburies doom p. 453. c a collection of ordinances , &c. p. 831 , 832 , 833 851 , 852 , 858 , 869. d hidden works of darkness , &c. p. 252 , 253 , 254. e see the letter in the appendix to my speech in parliament , & relation of the armies proceedings against the members : the ii. part of the history of independency . nota , * see the quakers unmasked . 1 eliz. c. 1. eliz. c. 1. jac. c. 1 , 2 , 3 , 7 jac. c. 6. * my imprisoners have lately professed to me , that they knew ▪ not the cause why i was thus close imprisoned . * see causia , the jesuites holy court printed in folio . * t. p. the new faux is first . * see their declarations , proposals , and printed papers , 1647. 1648 , 1649 , 1652. & since for that purpose . * qui tam facile receptas & patrias leges cum novis aliis commutant , certe legum ipsarum authoritalem debilitant atque enervant . necenim tantum legis abrogatio proderit , quantum magistratibus non obediendi mos oberit . aristotle polit. l. 2. c. 6. ſ and since this in a printed speech , sept. 4 1654. * hath not the army done this in our three nations ? see their own chaplain sedgewick , his justice on the armies remonstrance 1648. t the monarchy of england hath been , 1. in the britons , 2. in the saxons , 3. in the danes , 4. in the normans royal line ' , & now the 5. must be elective in others . v de monarchia hisp . c. 25. see the epistle to my jus patronatus . x art. 1 , 2 , 12 , 25 , 32 , 33 , 41 , 42. * luke 17. 21. rom. 14. 17. 2 pet. 1. 11. col. 1 , 13. heb. 12. 28. rev. 12. 10. * non abripit mortalia , qui regna dat coelestia . sedulius in hymno acrast : de vita christi . rex iste quinatus est non venit reges pugnando superare , sed moriendo mirabiliter subjugare . venit enim non ut regnet vivus , sed ut triumphet occisus ; nec ut de aliis gentibus auro exercitum quaerat , sed pro salvandis gentibus preti●sum sanguinem fundat . hujus pueri regnum non est de hoc mundo ; sed per ipsum regnatar in hoc mundo . ipse est enim sapientia dei , quae dicit in proverbiis , per me reges regnant . tu enim regnum nullatenus habuisses , nisi ab isto puero qui nunc natus est accepisses . claudius l. 1. in matth. y a true state , &c. p. 13. z see th● : 〈…〉 a see ●h●ir alm●n●●k● in janurary ▪ february ▪ 〈…〉 a de monarchia hispanica c. 25. p. 204 , &c. * see 25 h. 8. c. 22. 31 h. 8. c. 4. 37 h. 8. c. 17. 1. eliz. c. 3. * de monarchia hisp . c. 25. b de monarchia hispan . c. 25. c seewatsons quodlibets , p. 286. to 332. a dialogue between a secular priest and lay gentleman , printed at rhemes , 1601. p. 93 , 94 , 95. d conte de galeazzo gualdo priorato , hist . part . 3. venetiis 1648. p. 175 , 176. * et quidem quid refert an mulieres ( & iesuitae ) praesint an hi qui praesunt mulieribus obedient ? arist . polit. l. 2. c. 7. nota. nota. ●ota . nota. e quodlib . 3. ar . 4. p. 65. 41. nota. f quodlibets p. 39. 209 , 233 , 234 , 305 , 306 , 307 , 30● . g quodlibets p. 11 , 12 , 14 , 16 , 17 , 42 , 45 , 50 , 283 , 285 , &c , 332 , 333. a dialogue between a secular priest & a lay gentleman , an. 1601. h quodlibets p. 295 to 313 61 , 286 , 287 , see the right & jurisdiction of the prelate and prince , by j. e. 1617 * see i. e. his treatise of the right and jurisdiction of the prelat & prince , printed 1616. & re-printed 1621 , by the jesuits . i quodlibets p. 26. k quodlibets p. 62 , 69 , and elsewhere . l quodlibets p. 43. 61 , 62 , 64. 16. * de monarchia hisp . c. 32. p. 297 , 298. f josh . 9. 19 , 20. & psal . 89. 34. psal . 15. 4. heb. 6. 17 , 18. g when our saviour himself was apprehended , carried away prisoner , and like to be crucified , all his disciples forsook him , and fled , and peter denyed him with an oath , mat. 26. 56. 70. 10 75. and at pauls first appearance before nero , no mā stood with him , but all men forsook him , i pray god it be not laid to their charge , 2 tim. 4. 9. 16. and so it is now with most publike sufferers . * zeph : 2. 1. † unusquisque majorem temporis sui partē in rebus privatis curandis ponit , & rempublicam nihil detrimenti ex hac sua negligentia cap●re posse putat ; sed & aliquam alium esse existimat qui rempublicam curet , ei pro setpso perspiciat . ita● cadem omnium privatorum opinionè universam rempublicam perdi , non animadvèrtit . thucidides h●st . l. 1. pag. 110. * exact coll. p. 492. 497. 494. * are they not now more ready to let it go , then ever ? & have not thousands done it ? h exact col . p. 650. 659. 660. nota. * nota. * fraudes propemodū omnes atque injuriae ab ambitione & ava●itia p●oficiseuntur . arist . polit. l. 2. c. 7. i see the armies old & new declarations against the parliam . & members . their true state of the commonwealth &c. which , mutato nomin● , is but a direct arraignment of themselves under the name of others . k exact col . p. 652. 654. 655 , &c. l see their declarations in may , june , iuly , aug. 1647 in ●ovemb . decemb. jan. 1648. an. 1652 , & 1653. & their true state of the case of the commonwealth of england , &c. p. 4. to 35. ann. 1654. with some other papers & speeches since . m exact collect . p. 3 , 4. to 16. n exact col . p. 3 , 4 , to 16. 651 , 652 , 653. nota. o if one member suffer , all the members suffer with it , 1 cor. 12. 26. p see cooks 4 instit . c. 1. p. 15 , 16 , 17. 23. 24 , 25 , and my plea for the lords . q nor yet against my self , and other secured secluded and long imprisoned members . * see that of iune 14. of aug. 2 & 18. 1647 , and the letters of iuly 29. 1647. the declarations of nov. 16. dec. 6. 1648. * job 38. 11. * and are they not so now , almost past hopes of any future re-planting ? * modus tenendi parliamentum . cook 4. instit . c. 1. * exact coll. p. 550. 595. 321 , 322 , 364. 618. 894 , 895. 919 , 920. a collection of ordinances , p. 28 39. 116. 117. * let those who took it , remember their violations of it , & repent , see exact collect. p. 497 , 498. * was this verified by many of these remonstrants ? * exact coll. p. 262. 282. 284. to 289. 297 , 298. 490. 424. 500 , 502 , 404 , 514 , 517 , 521 , 522 , 526. 528 , 530 , 531 , 534. 550 , 551 , 554 , 558 , 561 , 564 , 574. a collection , p. 117. 452 , 453. * exact coll. p. 688 , 689. 696 , 697. * so stiled , exact col. p. 4. 12. 34. 61. 243. 262. 321. 500 , 502. in the decl. of the lords & commons concerning his majesties proclamatiō . iune 6. 1642. p. 4. besides the authorities in the 1. chap. * exact coll. p. 617. 631 , 730. * horace . * exact col. p. 686 , to 730. * exact coll . p. 729. see their declarations & papers of aug. 7. 1647. d. c. 7. & jan. 3. 1648 where they thus declare and brand them . * quod pluribus visum probatumque fuerit , id in omnibus rebus-publicis valet . in oligarchia enim & aristocratia , & democratia , quod eorum qui rempublicam gerunt , majori partis placuerit , i. e. ratum ac firmum . politicorum l. 4. c. 8. see 33 h. 8. c. 27. * which now they do . * see their impeachment of the xi . members , & the humble answer of the gen. councel & officers of the army , &c. jan. 3. 1648. * have they not lately done so since this was penned , as well as heretofore ? * exact coll . p. 496. * and are they not so lost now ? * epistola ad solitariam vitam agentes . sir christopher sybthorpe his reply to an answer made by a popish adversary , dublin 1625. p. 27 , 28 , 29. * see the declaration of the lords and commons , june 6. 1642. concerning this statute . * is not the quartering of horse and foot in or near such places , to affright and overawe parliaments and their members , a violation of this law , proclamation , law and custom of all english parliaments , fit to be redressed ? * exact coll . p. 34. 56. 66 , 67 , 68 , 76 , 77 , 198 , 200 , 201 , 202 , 246 , 695 , 723. 729. * let those observe this impeachment , who are now really guilty of it in the highest degree . * exact coll. p. 118 , 195 , 207. to 237. 248 , 273 , 293. 523 , 524 , 525 , 617 , 631 , 660 , 695. * exact coll. in the pages quoted before . * exact coll. p. 51 , 52 , 54. 66 , 67. and elswhere . * see their declaration of june 23. 1647. & aug. 18. dec. 6. 1648 * and their generals letter from bedford , 29 july 1647. * see a declaration of the gen. councel & armies engagements , &c. p. 49. * article 10 , 12 , 21 , 22 , 24 , 27 , 30 , 32 , 36 , 37 , 38 , 39. * see exact collect. p. 320 321 , 322. 561 , the true and excellent constitution of our parliament . * exact col ! p. 723 , 724. 726 , 727 nota. nota. * exact coli . p. 561. * exact coll. p. 696. * how much it and they have been dishonoured by the contrary , let the army officers read at leasure in militiere his victory of truth . nota. nota. * exact coll. p. 730. * who in their letters of july 18. 1647. propositions of aug. 2. and other of their declarations , professed to all the world , that it was fully agreeable to all their principles , & should be their desires and endeavours to maintain monarchy , the priviledges and freedom of the parliament ; and the rights of his majesty and royal family , that so a lasting peace and agreement might be setled in this nation , &c. which otherwise , they confessed then in good earnest , could not be hoped for , nor expected . whence they intituled their printed book , a declaration of the engagements , remonstrances , representations , proposals , desires , and resolution from his excellency sir thomas fair●ax , and the general councel of the army , for setling of his majesty in his just rights , the parliament in their just priviledges , and the subjects in their liberties and freedomes : printed by their and the lords house special order london 1647. let them now seriously consider and perform it in good earnest . * de clement . l. 1. c. 26. f psal . 37 ▪ 7 psal . 73. 3 , &c. eccles . 8. 11 , 12. t ez●k . 22. 30. v see 2 king. 10. 1 , to 12. esth . 8. 17. x deut. 32. 17. 1 cor. 10. 20. rev. 9. 20. ephes . 2. 2. y plutarch arrianus , quintus curtius , suetonius , grimston , in the life of alexander , and julius caesar , balaeus , his lives of the popes . mornyes mystery of iniquity . z 2 king. 18. 33 , 34 , 35. c. 19. 17 , 18 , 19. isa . 10. 7. to 16. a rev. 13. 1. to 18. c. 16. 13. 14. c. 19 , 20. 1 king. 22. 6. to 24. b ephes . 2. 2. c paterculus , pluta●●h , su●tomus , antonni chronica , grimston , and others , in hi● life . jacobus usserius ann●lium pars p●sterior , p. 366 , 367. * do not some now by words and deeds , repute it and the people so ? * see mat. west . an . 655. 1 kings 16. 2 kings 15. 2. chron. 13. 17 , 18 , 19 , 20. and our king richard the third . * see the turkish history in his life . * see huntingdon , mat. west . an. 655. grafton , speed , holinshed , fabian brompton , in the life of penda . d judg. 1. 2. to 8. e see joel 3. 6 , 7 , 8. mat. 26. 52. sir walter rawleighs preface to his history of the world , & dr. beards theatre of gods judgements , on the 6 and 8 commandements . f isa . 51. 6. 12. c. 26. 13 , 14. psal . 82. 7. psal . 146. 354. g rom. 8. 36. 37. psal . 3. 6. * see part. 1. p , 14 , 15 , 16. b see 1 sam. 8. 4 , to 22. ch . 12. 2. 2 sam. 18. 2 , 3 , 4. jer. 38. 5. i tac●●us in vita agricole . k jer. 28. 13 , 14. * part. 1. ch . 1. † see the homilies against disobedience , & wilfull rebellion . * a declaration of the egagements , remonstrances , & resolutions of sir tho. fanfax , & the general councel of the armie , london , 1647. p. 150. l 1 cor. 16. 13. m recorded in livy , tully , plutarch , valerius maximus , and others . recta honesta digna imperio , digna populo romano , omnia pericula pro republica subire , mori pro patria . cicero de finibus bonorum , &c. p. 365. and tus●c . q●●aest . p. 445. n esth . 4. 16. * see their printed declarations of iune 14. 23. aug. 1. 2. 1647. their agreement of the people , jan. 1648. & government of the common-wealth of england , 1654. moulded by them . * do not many now boast , talk , write of such a conquest by the army over england ? b quodlibets , p. 322 , 323 , 333 , 334. c 1 eliz. c. 1. 5 eu. c. 1. 1. jac. c. 4. 3. jac. c. 4 , 5. 7 jac. c. 6. 16 caroli . the act for triennial parliaments . * see j. e. his right & jurisdiction of the prelate and the prince ; cap. 15. becanus , bellarmine , lessius , eudoemon johannis , & others against this oath . d see the printed edicts repealing thē , & enforcing the engagement , an. 1649. e see the propositions for the treaty . f see the preface to the covenant . g see the edicts for the engagement , an. 1649. h bellarmin de pont●f . romano . sir hum : linde his via devia . * thucidides hist . l. 1. 3. plutarch , lysander , aristot . polit. l. 4 , & 5. i see grotius de jure belli & pacis , l. 3. c. 15. p. 537. k watsons qu●dlibets , p. 320 , 321 , 312 , 332 , 333. l de monar . hisp . c. 25. m conte de galiazzo , gualdo priorato hist . part 3. p. 175 , 176. * optandū quidem est , st modo respublica salva et incolumis futura sit , ut civitatis part●s omnes quidem sibi constent , in suo statu permaneant . at ut praesen●●ti statu gaudeant , reges regiae dignitatis splendore commoventur ; optimates senatoriae , haec enim illis pro virtutis suae praemio est : populus ephoriae . aristot . polit. l. 2. c. 7. n see 1 cor. 12. 12. to 31. 25 h. 8. c. 22. 26 h. 8. c. 3. 1 jac. c. 1 , 2. 3 jac. c. 1 , 2. notes for div a56162-e28060 a john 17. 17. 2 cor. 6. 7. ephes . 1. 12. jam. 1. 18. b 2 sa. 22. 8. 16. job 38. 4 6. ps 18. 15. & 102 5. pro. 8. 29. is . 24. 18. & 40. 21 & 48. 13. & 51 13. 16. zech. 12 1. mic. 1. 6. joh. 17. 24 eph 4. 4 heb. 1. 10. & 4 3. & 9. 26 1 pet. 1. 20 c 1 kin. 5. 17 & 6. 37. & 7. 9 , 10 ezr. 4. 13. & 6. 3. ps . 137. 7. ezech. 41. 8. hag. 2. 8. zech. 4 9. & 8 9. mat. 7. 26 , 27 luke . 6. 48 , 49. d isa . 28. 16. & 54. 11. ps . 87. 1 1 cor. 3. 10 , 11 , 12. heb. 11. 10. 1 pet. 2. 6 rev. 21. 14. 19. e 2 tim. 1. 19. heb. 6. 1. 2. f jer. 50. 15 mic , 1. 6 , 7 luke 6. 48 , 49 matt. 7. 26 , 27 g lilburn tried and cast p. 39 , 142. to 148 , 154. ca●●es voice from the temple , which perswade● the subversion and abolishing of al former laws , especially for tithes and ministers support . * s●e the government of the cōmon-wealth of england , &c. artie . 3. 12. 21. 22 , 24 , ●7 , 28 , 29 , 30 , 31 , 32 , 38 , 39 , 41. * 2 the●● . 2. 4. * see exact collect. and a general collection of all ordinances , &c. * s●e culpepers and ●illy's m●rlins and almanacks , john cannes voice . lilb . tried and cast , with many petitions and pamphlets against the law and lawyers . the order of aug. 19. 1653. that there should be a committee selected to consider of a new body of the law for the government of this common-wealth . * exod. 21. 6. * summumjus , est summa injuria , cic. de officiis p. 611. * lilbourn tried and cast p. 39 , 40 , 142 , to 148 and elsewhere . john cannes ● voice from the temple . john rogers mene tekel , perez . p. 6. lilly and culpeper in their prognostications an. 1653 , & 1654. see the armies proposals . see the 1 and 6 proposition in cap. 2. * see the government of the common-wealth of england , &c. arti● 12. the writs and printed returns for new ●lections ; and enforced new test and engagement imposed on the three kingdoms and new members , se●luding m●●● , of them . see proposition 1. in ch . 2. nota. * o how are they now degenerated ! * and should they not be so now then ? * and should we now at last fail herein ? * how dare then any self created powers who are neither kings nor parliaments now arrogate to themselves , or exercise such a super-reg al arbitrary power and prerogative , against all our laws and the●● own instrument and oaths . nota. * and oh that we would follow it now again , both in and out of parliament ? nota. * see the whitehall ordinances for the six months contribution , excise , till 1656. tunnage & poundage till 1658. beyond all presidents in any age , and the very words and letter of the 30 article of their government . nota. * yet those who have pulled down our kings as tyrants , now presume to do it : witness their new white-hall laws and ordinances , amounting to near 700. pages in folio in a few moneths space . * and do not those do so , who now ●ay monethly taxes , excises , customs and new imposts on us daily , out of parliament , and that for many moneths and years yet to come , against the letter of their own instrument and oath too ? * and are they not so now ? * 20. h. 3. c. 9. see cooks 2 in●●it . p. 97 , ●8 . proposition 1 , 4 proposition 2. * see canterburies doom , p. 19. exact coll. p. 12. * exact collect. p. 112 , 113. * exact coll. p 850 , 584 , ●87 , 888. see chap. 2. proposit . 1 , 2. 3. * do not the army officers now enforce them to all this without a parliament , to support their usurped new powers and possessions , and establish themselves in a most absolute soveraignty over our three kingdoms ? nota. * these expostulations reach to them at whitehall now , who presume to impose taxes , customs , excises and make binding laws and instruments for our whole 3 kingdomes , nations , parliaments , which no king there ever did in like nature , nor their c●●●cels in any age . * see the true state of the case of the common-wealth of england , &c. p. 33 , 34. * exact collect : p. 888. * a collection of all publike orders , ordinances , and declarations of parliament , p. 451 , 452 , 457 , 458. * how have others of late ( which they stile parli●ments ) been convened ? * yet forcibly dissolved by the army , and some now in power , against their commissions , oaths , trusts , protestations covenant , and an act of parliament for their continuance ; who may do well to peruse this clause . see c. 2. proposition 6 , 7. * a collection &c. p. 504. * a collection &c. p. 877 , 878 , 879. * and is not all this now proved a reall experimental truth , in some of these remonstrants , to their shame ? * and can most of these remonstrants in late or present power , now say this in truth or realty ? and must not they be utterly ashamed , confounded , before god and man , when they consider how they have dissembled , prevaricated with god and men herein , in each particular ? * and can the new modellers of our government over and over , who were parties to this declaration , & then members of the commons house , say so now ? or read this without blushing and self-abhorrence ? * is not a superintendent power in the army over , above & against the parliament or people , far more dangerous & likely to introduce such an arbitrary government in the nation , if lest in the general , officers or their councels power ? * did not the imposing a strange new engagement , and sundry arbitrary committes of indemnity , &c. int●r●upt it in the highest degree ; and the misnamed high courts of justice , falsifie this whole clause ? * exact collect. p. 4. 12. 34. 61. 243. 260. 321. 500. 502. * see the humble remonstrance against the illegall tax of ship-money briefly discussed , p. 2. &c. englands birth righ & their treatises . the declaration of sir thomas fairfax , and the army under his command , tendered to the parliament , june 14. 1647. concerning the just and fundamental rights and liberties of the kingdome . * walsingham , stow , holinshed speed grasion , trussel , baker in 5 r. 2. john stows survey of london p. 89. to 103 mr. st. johns argument at law , at straffords attainller p. 14. * the statutes at large , stow , holinshed , speed , grafton , baker trussel , in 10 & 21 r. 2. & 1 h. 4. m. st. johns speech concerning the ship-mony judges p. 28. to 37. and argument at law , at straffords attainder . * as some of late years have done . * m. st. johns argument at law , at straffords attainder p. 13 , 14 , 17. * hall , fabian holinshed , speed , grafto● , stow , martin , baker . * and have not others of late assumed to themselves more royal power than he ? resolved to be treason by 21. ● . 3. rot. parl. & cooks 3. institut p 9. * to wit by cade and his confederates for the alteration of the laws * see mr. st. johns argument against strafford , p. 17. halls chronicle and holinshed . * cooks 3. institutes p. 9 , 10. * cooks 4. institutes c. 8. p. 89. to 96. * see speed , hollinshed , grafton , stow , antiquitates ecclesiae brit. p. 378. & 379. and godwin in his life . * mr. st. johns argument against strafford p. 14 , 15. * cooks 3 instit . c. 1. p. 9 , 10. mr. st. johns argument at law against strafford , p , 15 , 16. * see the journals of both houses , & act for his attainder . mr. pyms declaration upon the whole matter of the charge of high treason , against him , aprill 12. 1641. mr. st. johns argument at law , at his attainder , and diurnal occurrences . * see the commons and lords journals , his printed impeachment , mr. pyms speech thereat , canterburies doom p. 25 , 26 , 27 , 38 , 40. see chap. 2. proposition 1. * do not others now do it , who impeached and condemnedhim , in an higher degree then he ? * is it not so in the new instrument article 1. 2 , 3 , 4 , 5 , 9 , 10 , 12 , 13 , 16 , 21 , 22 , 24 , 25 , 26 , 27 , 28 , 29 , 30 ▪ 31 , 32 , 33 , 34 , 37 , 38 , 39 , 40. 42. of our new government , and those that compiled and prescribed it to the 3 kingdoms . * are there not more such matters contained in the new instrument of government than in these ? * have not arbitrary committees in most places done the like , or worse , in many cases ? * have not others done the like in an higher degree ? * see the commons and lords journals , diurnal occurrences , p. 15 , 16 19 , 37 , 191 to 264. and mr. st johns speech at a conference of both houses of parliament concerning ship money & these judges . togegether with the speeches of mr hide , mr. waller , m. pe●rpoint , m denzill hollis at their impeachments , july 6. 1641. aggravating their offences , in diurnal occurrences and speeches , p. 237 to 264. * now others presume to do it without writ of consulting with the judges who condemned it in them . see c. 2 proposition 1. * have not others been sole judges of it , and other pretended dangers since ? nota. * and are they not so now ? * and did not some at white-hall do so of late , and now too witnesse their volumes of new declarations , edicts , ordinances there made . * have not others taken up such principles in their practises , proceedings even against kings kingdomes , parliament , peers , as well as private persons ? nota. * note this , all the whole commons-house opinion then . * is not this an experimental truth now ? * and were they ever so base , cowardly , slavish as now ? * was ever their power , violence so unlimited , unbounded in all kinds as now , against kings , kingdoms , parliaments , peers , people ? * is it not most true of late and still ? note * see article 2 , 2 , 3 , ● , 5 , 10 , 11 , 12 , 13 , 16 , 21 , 22 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 39 & p. 45 , 46. of the government of the common-wealth of england , &c. * doth not the declaration of 17 march 1648 and the instrument of the new government do it , in the highest degree ▪ * and others as well as he , of far inferiour place & estate . * but have not our times bred men much bolder than he , since this speech was made , and he executed ? * since , he hath many followers . * p. 36. * have none done so since them ▪ see chap. 2. proposition . 1. * have not other pioneers and judasses done the like ▪ * this is grown a meer paradon of late years , in judges , souldiers & others . * what are they now of late times of publike changes ? * see 27 h. 8. c. 24. 26. magna charta c. 12. 29. 52. h. 3. c. 1 , 3 , 5 , 9 , 20. 3 e. 1. c. 44 , 45 , 46. 13 e. 1. c. 10 , 12 , 30 , 31 , 35 , 39 , 44 , 45. 25 e. 1. c. 1 , 2. 27 e. 1. c. 2 , 3. 34 e. 1. c. 6. 12 e 2. c. 6. 2 e. 3. c. 3. 14 e 3. c. 10. 16. rastal justices . * was it ever so frequent a sin as now in all sorts of late judges , officers , subjects ▪ * do none deserve as severe now ? * see cookes 3. institutes p. 146 , 147 , and page 133. holinshed , page 284 , 285. speeds history page 651. stow , walsingham , daniel in 18 e. 1. * see cooks 3. instit . p. 145. * have none of this name , or of this function since done as bad or worse in an higher degree ? * let custodes legum & libertatum angliae and those now called judges , remember it ▪ * let the reporter and others now consider it * 1 eliz. c. 1 ▪ 3 jac. c. 4. 7 jac. c. 6. * this is nothing incomparison to the late taxes , ship mony , excises imposed on the subjects , without a parliament , amounting to above 20 times as much as the kings ship mony , and more frequent , uncessant , and endlesse then it . * are we now beholding to it for any thing against the onely new law of the longest sword ? which takes , imposeth what when , and how much it pleaseth , without accompt , or dispute , from all sorts and degrees of persons ; and that by those who were commissioned , trusted , engaged by oaths , protestations , vows , league and covenant to preserve our laws and properties . * is there any between the late & present powers and them , further or longer than they please ▪ * are they not so now ? * it is not so now , when others who condemned and beheaded him for a tyrant , say , pretenda●d act it over and over . nota. * worth consideration of those of the long robe . * and how mamy are guilty of this treason see hos . 3 4 , 5. cap. 10. 3 , 4. cap. 1. 4. cap. 1. 4. zech. 9. v. 5. hab. 1. 10 , 14 , 15. mic. 4. 9 , 10. amos 1. 13 , 14 , 15. lam. 5. 16. ezech. 19. 1. 14. isay 17. 3. c. 7. 16. jer. 17. 25. 27. cap. 18. 7 , 8. cap. 22. 3. to 13. cap. 25. 8 to 38. cap. 51. 20. proverb 28. 2. ezech. 17. 14. cap. 29. 14 , 25 isa . 47 verse 5. daniel 4. verse 17. * are they so now ? and who have dissolved the ligaments that formerly united and held them together ? * have we not many counterfeit laws and acts of parliament of law ? and yet some counterfeit judges that execute and give them in charge as true ones ? * see exact . collection , p. 4. 12 243 , 262. 321. * surely there are sundry falshoods in it , as well as some truths . * if we believe themselves in their own cases * some mens act ons since , declare they had some other ground and ayms than this . * those who severe and disjoynt one house from the other ; and by force & armed power seclude , exclude and disjoyn the members of the same house , one from another , so many times one after another , & justifie it too , are the greatest disjoyners of the house and parliament , and very unlikely to make any firm or reall settlement of this nation . * see my speech in parliament , p. 100. to 108. a see gratian , caus . 2. qu. 1. 2. summa angelica , rosella , & hostiensis . tit. restituito . * see speeds hist . p. 1250. &c. mr. vicars history of the gunpowder-treason , the arraignment of traytors . * judg. 5. 21. * see the laws of king edward the confessor , confirmed by william the conquerour , lex . 55 , 56 , 57. the great charters of king john , and henry 3. c. 29 , 30. 25 e. 1. c. 5 , 6. 34 e. 1. de tallagio . c. 1 , 14 e. 3. stat. 1. c. 21. stat. 2. c. 1. 35 e. 3. stat. 2. c. 1. 15 e. 3. stat. 3. c. 5. 21 e. 3. rot. parl. n. 16. 25 e 3. rot. parl. n. 16 , 27 e. 3. stat. 2. c. 2. 36 e. 3. rot. parl. n. 26. 38 ● . 3. c. 2. 45 e. 3. rot. parl n. 42. 11 h. 4. rot. parl. n. 50. 1 r. 3. c. 2. the petition of right , 3 caroli , the acts against ship-money , knighthood , tonnage , and poundage , 16. & 17. caroli . * see magna charta , c. 29. & cooks institutes on it . 5 e. 3. c. 9 15 e. 3. c. 1 , 2 25 e. 3. c. 4 28 e. 3. c. 3 37 ▪ e. 3. c. 18 42 e. 3. c. 3 2 r. 2. c. 2 4 5 h. 4. c. 10 19 h. 7. c. 10 23 h. 8. c. 8 the petition of right , 3 caroli , and other acts in ch . 3. 2 h 4. rot. parl. n. 60. & 69. * 4 e. 3. c. ● 17 r. ● . c. 10 * see the laws of edward the confessor , and william , the conqueror , lex . 35. 55 , 56 , 58. ras●●als abridgement . tit. armour . 35 e. 3. c. 8. rot. parl. n. 23 ▪ the statures for impressing souldiers , 16 & 1● caroli . 〈◊〉 e. 3. stat. 2. c 5. 4 h. 4. c. 13. exact collection , p. 878 , 879. a see magna char. c. 29. 5 e. 3. c. 9. 15 e. 3. c. 1 , 2 21 e. 3. rot. parl. n. 28. 1● e. 3. n 35 , 36 , 37. ●5 e. 3. c. 4 rot. parl. n. 16. 28 e. 3. c. 3. 37 e. 3. c. ●8 . 42. e. 3. c. 1. 3. 2 r. 2. parl. 2. c. 2. 7 r. 3. c. 4. 2 h 4. rot. parl. n. 60. 69. 15 h. 6. c. 4. the petition of right , 3 car. and the statutes against ship-money , knighthood , tonnage and poundage , 16 , & 17 caroli . b see 1 sam. 7. 4 , to the end . c. 11. 14 , 15. c. 12. 1. 2 sam. 5. 1 , 2 , 3. c. 16. 18. 1 king. 12. 3. to 21. c. 16. 1● . c. 20. 7 , 8. 2. king. 11. 1. to 21. c. 21. 24. c. 23. 30. c king johns magna cha●ta , matth. paris , p. 247. 5 r. 2. c. 4. cook● 4. instit c. 1. my plea for the lords , my ardua regui , the levellers levelled ▪ and epistle before my speech in parliament . 4 e. 3. c. 14. 36 e. 3. c. 10. 50 e. 3. n. 151. 1 r. 2. n. 95. 2 r. 2. n. 4 , 5. d see 39 h. 6. c. 1. 17. e. 4. c. 7. ● h. 4. n. 21 , 22. 48. 1 h. 4. c 3. * see rastals abridgement of statutes , title , provision● premunire , & rome . e leges edwardi regis , c. 35 , lambards arch. f. 135 , 136. cooks 7. report , calvins case , f. 6 , 7. leges willielm● regis lex . 58 , 59. seldens notae ad eadmerum , p. 191. 11 h. 7. c. 1. 18 , 19 , h. 7. c. 1. 25 h. 8. c. 22. 26 h. 8. c. 3. 28 h. 8. c. 7. 1 eliz. c. 1. 3. 5. 5 eliz. 2. c. 1. 1 jac. c. 1 , 2. 3. jac. c. 1 , 2 , 4 , 5. 7 jac. c. 6. the protestation , league and covenant , and the ancient oathes of fealty , homage , mayers , sheriffs , free-men . * daniels history p. 78 79. 80. 123. 10. 12 n. 2. r. 8. h 5. r. 9 1. 1. 6. n. 53. 31. h. 6. r. 7. 1. r. 2. n. 14● . 1. h. 4. n. 100. 6 h 4. n. 4. 15. 8. h. 4. n. 12. 33. h. 6. n. 47. 4. g. n. 3● . 12 e. 4 , n. 6. a see my declaration and protestation against the illegal , detestable , oft-condemned new tax , and extortion of excise , 1654. exact collection , p. 885. mr. st. johns speech concerning ship-money . p. 15 , 16. * exact collection , p. 886. nota. nota. * and is not this its present sad slavish condition ? * do they not so on beer , salt , and other manufactures , for which they ▪ now pay excise ? * witness mr. ●ony amongst others . nota. see the arguments concerning them in mr. hambdins and others cases . 2. * see cook ; 4. justi . c. 1. brooks parliament 4. 76 42. 107. and my plea for the lords . * see cooks 4. justit . c. 1. and rastal . taxes . nota. nota. nota. * though he came in by the sword , as a kind of conquerour . nota. nota. * and are not all the commons merchants , freemen of england bound to use the same course , and make the s●me declaration now ? nota. * and can our p●esent grandees take it in ill part if we refuse to pay them now , being demand●d without warrant of a law , and the receivers of them in a premunire by express act of parliamen of 16 caroli , made since this remonstrance . a alderman chambers , mr. rolls , and others . nota. * exact collection p. 790. to 797. * see historiae anglicanae londini . 1652. col. 2750 , 2751. halls chronicle f. 7 , 8. john trussel in . 23. r. 2. p 46. grafton p. 401. nota. * see mr. st. johns argument at his attainder . p. 36. to 52. * see judge crooks , & judg huttons printed arguments , & my humble remonstrance against the illegal tax of shipmony . * printed at the end of judge huttoes a●gument , & amongst the sta●utes of 16 caroli . * chap 1. p. diurnal occurences & speeches , p. 191. to 265. objection . answer . * see p. 12 to 20 before the 1 proposition , and statutes , arguments thereunto : specially 23 e. 1. c. 5. 6. 34. e. 1. c. 1 , 2 , 3. 14 e. 3. c. 21 , and stat. 2. c. 1. 3 caroli the petition of right . * see their impeachments & printed trials , & mr. st. johns argument at law against strafford , p. 34 , 35. * cook 4 inst . p. 42. 11 r. 2. c. 4. 1 h. 4. rot , parl. n. 143. 2 h. 4. c. 22. 21 r. 2. c. 4 , 5 , 6. 1 h. 4. c 7. rot . parl. n 48. 60. 68. * see sir edw. cooks preface to his 2. institutes . * jer. 21. 12. c. 22. 3 , 4 , 5. ps . 12. 5 ezech. 18. 5. to 14. c. 22. 12 , 13 , 27 , 29 , 30. c. 45. 7. to 10. c. 46. 18. mich. 3. 1. to 5. c. 2. 1 , 2 , 3. c. 7. 2. isa 58. 6. * see true , &c. p. 17 , 18. objection . answer . * math. paris hist . angliae london . 1640. p. 810. 818 , 854 875. * see m● . sr. johns speech against the ship-money judges , p. 16 , 17 ▪ 18 , 19. exact . collect . p. 885. * see heylyns microcosme . p. 756 , 757 , 758 , 395 , 412. 507. 577. 578. 642. 672. 704. * exact coll. p. 7. 575. 639 , 640 , 641. 807. 836. 850. to 890. * see the act of resumption , 28 ● . 6. 11. 53. a see cooks 4 inst●t . c. 1. p. 33. regal taxes , & here ch . 3. sect . 4 , 5 , 6. * see 14 e. 3. c. 21. & stat . 2. c. 1. 5. r. 2. stat . 2. c. 2 , 3 , & all acts for 〈◊〉 . * see henry de knyghton , de eventibus angliae , l. 5. col . 2681. to 2690. 2 r. 2. rot . parl. n. 20 , 21 , 24. * q● . curtius , hist . l. 7. p. 831. * qu. curtius , hist . l. 8. * printed at nu●●mbergh , 1521. * see revelationum l. 4. c. 104 , 105. l. 7. c. 16. l. 8. c. 48. & rev●lationes extravagantes . c. 73 , 80. * revelationum l. 8. c. 48. * math : paris hist . angl. p. 517. * de remedio amo●s , l. 2. * see mat. pa●●s p. 306. 308. grafton , p. 90. 149. daniel , p. 78 , 79 , 83 , 123. 1 r. 2. rot. parl. to 148. 1 h. 4. n. 100. 6 h. 4. n. 14 , 15. 8 h. 4. n. 52. 1 h. 5. c. 6. 28 h. 6. rot parl. n. 53. 31 h. 6. c. 7. 33. h. 6. n. 47. 4 e. 4. n. 39. 12. e. 4. n. 6. the unbishoping of timothy and titus. or a briefe elaborate discourse, prooving timothy to be no bishop (much lesse any sole, or diocæsan bishop) of ephesus, nor titus of crete and that the power of ordination, or imposition of hands, belongs jure divino to presbyters, as well as to bishops, and not to bishops onely. wherein all objections and pretences to the contrary are fully answered; and the pretended superiority of bishops over other ministers and presbyters jure divino, (now much contended for) utterly subverted in a most perspicuous maner. by a wellwisher to gods truth and people. prynne, william, 1600-1669. 1636 approx. 430 kb of xml-encoded text transcribed from 121 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2006-06 (eebo-tcp phase 1). a68614 stc 20476.5 estc s114342 99849568 99849568 14723 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a68614) transcribed from: (early english books online ; image set 14723) images scanned from microfilm: (early english books, 1475-1640 ; 1528:19, 1823:21) the unbishoping of timothy and titus. or a briefe elaborate discourse, prooving timothy to be no bishop (much lesse any sole, or diocæsan bishop) of ephesus, nor titus of crete and that the power of ordination, or imposition of hands, belongs jure divino to presbyters, as well as to bishops, and not to bishops onely. wherein all objections and pretences to the contrary are fully answered; and the pretended superiority of bishops over other ministers and presbyters jure divino, (now much contended for) utterly subverted in a most perspicuous maner. by a wellwisher to gods truth and people. prynne, william, 1600-1669. 165 [i.e. 173], [5] p. printed by j.f. stam], [amsterdam : in the yeare m.dc.xxxvi. [1636] dedication signed: a.b.c., i.e. william prynne. printer's name from stc. a later state of stc 20476, with v3-x4 cancelled by x-y⁴ z² [2a]¹. the new leaves were possibly printed in london (stc). p. 173 misnumbered 165. identified as stc 20476 on umi microfilm reel 1528. reproductions of the originals in the union theological seminary (new york, n.y.). library and harvard university. library. appears at reel 1528 (union theological seminary (new york, n.y. ). library copy) and at reel 1823 (harvard university. library copy). created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng titus, -saint. timothy, -saint. church of england -bishops -early works to 1800. church of england -government -early works to 1800. church of england. -controversial literature -puritan authors -early works to 1800. 2005-12 tcp assigned for keying and markup 2006-01 apex covantage keyed and coded from proquest page images 2006-03 jonathan blaney sampled and proofread 2006-03 jonathan blaney text and markup reviewed and edited 2006-04 pfs batch review (qc) and xml conversion the vnbishoping of timothy and titvs . or a briefe elaborate discourse , prooving timothy to be no bishop ( much lesse any sole , or diocaesan bishop ) of ephesus , nor titus of crete ; and that the power of ordination , or imposition of hands , belongs iure divino to presbyters , as well as to bishops , and not to bishops onely . wherein all objections and pretences to the contrary are fully answered ; and the pretended superiority of bishops over other ministers and presbyters iure divino , ( now much contended for ) utterly subverted in a most perspicuous maner . by a wellwisher to gods truth and people . matthew . 15. 13. every plant which my heavenly father hath not planted , shall be rooted out . chrysostom . opus imperfectum in matth. hom. 35. quicunque desideraverit primatum in terra , inveniet in coelo confusionem ; ut jam in ter servos christi , non sit de primatu certamen . in the yeare m.dc.xxxvi to the reader . christian reader , what that oracle of wisedome hath registred ; proverb . 13. 10. onely by pride cometh contention ; was never more really verified in any one particular , then in the prelates : whose ambitious windy tumor , and overswelling pride , as in al former ages , so in this , hath a filled the whole christian world with warres , with civill dissensions ; and the church it selfe , with endlesse schismes , controversies , contentions , which else would never had existence . the pretended primacy of the great pontificall bishop of rome , what tumults , battles , warres , treasons , rebellions , murders , martyrdomes , hath it ingendred on the one hand ; what disputes , bookes of controversie , and paper-battles , on the other ? what innumerable schismes , treatises ( which the endoubted parity of ministers and bishops iure divino had prevented ) have the prelates pretended superiority by divine institution , over presbyters and their fellow-ministers , produced in all ages , churches , especially in our owne , ( which from the first glimmerings of the gospell in iohn wiclifes dayes till now , hath beene more or lesse disquieted with this unhappy controversie ? ) which being raked up in the ashes for a space , by reason of our bishops waiving of their divine right , ( which not onely archbishop b anselme , c richardus armachanus , and d bishop peacocke of old , but likewise e bishop tonstall , bishop stokesly , f bishop hooper , g bishop iewell , h bishop alley , i bishop pilkington , yea k archbishop whitgift himselfe , and l bishop bridges , to omitt all others , have since them publikely disclaimed ; confessing bishops and presbyters , lure divino to be allone , equall , and the same ; and the statutes of 37. h. 8. c. 17. 1. ed. 6. c. 2. 1. & 2. mariaec . 8. & 1. eliz ab . c. 1. for ever judicially in full parliament resolved against ; ) yet our present ambitious prelates studying to surmount their predecessors , not onely in worldly pompe and power , derived from their indulgent soveraigne , but likewise in spirituall iurisdiction , claimed from god himselfe , ( though they have neither time nor care to preach , pray , or doe him any episcopall service , being wholly taken up with secular offices and affaires , and ‡ unable to serve god for serving his incompacible enemies , mamōn , and the world , ) have lately blowne abroade the coales , and resuscitated the violent flames of this contention afresh , by a new ambitious claime of all their episcopall soveraignity and iurisdiction , iure divino , even in the high commission court it selfe , in the late censure of doctor bastwicke , for a booke written onely against the pope and italian bishops , without any reflection upon them , as all men then conceived , and therefore wondred at , till their magnifying of the church of m rome as a true church in that censure of his , and some late licensed pamphlets , their antichristian and papall proceedings against gods truth , ministers , ordinances , and the late authorizing of doctor pocklingtons n sunday no sabbath , by the archbishop of canterburies owne chaplaine , master bray ; which expressly avers , that our arch-bishops and bishops can and doe lineally derive their pedigree and succession from peter and the popes of rome ; hath since in structed the ignorant people , that popes italian and english bishops , are in truth * all members of the same body , whelpesof the same litter , branches of the same tree , and our present prelates the pope of romes owne lineally discended sonnes , so as they could not but be sensible of , and highly offended , if not actually lashed , wounded with their fathers scourge ; flagellum pontificis & episcoporum latialium , being a whip for them , as well as for the italian prelates . now because in that late censure of theirs , they all founded the divine right of their episcopall superintendency and dominion over their fellow-pres byters , onely on the examples of timothy and titus , ( whom they then new consecrated diocaesan bishops over ephesus and crete 1608. yearely after their decease , though christ and paul himselfe had never done it in their life times : ) and on a supposed divine monopoly of conferring orders and imposing hands , appropriated by god himselfe to diocaesan bishops , distinct in iurisdiction , power and degree from ministers and presbyters ; i have therefore here for the future quie●●●ing of this much agitated controversie , confined my discourse within the lists of such questions , ( not formerly fully debated by any in the english tongue , that i have met with ) by the discussion whereof i have ( i suppose ) so shaken these rotten pillars , and undermined these o sandy foundations of their high-towring , over-swelling hierarchy , as that i have left them no divine prop or groundworke to support it longer ; so as it must now certainly ( for any stay is left it in scripture ) come tumbling downe headlong to the very ground , ( and me thinkes i heare the fall of it allready sounding in my eares ) unlesse with speed they wholly quit these false foundations , and bottom their prelacy and iurisdiction onely on his majesties princely favour , ( not gods or christs divine institution ) which because they have so lately judicially disclaimed in open court , and even at this present execute all acts of episcopall iurisdiction by their owne inherent power , without any speciall commission from his majesty under his greate seale , keeping their courts , visitations , and making out all their citations , proces , excommunications , probate of wils , letters of administration &c. in their owne names and under their owne seales , as if they were absolute popes and monarches , contrary to the statutes of 25. h. 8. c. 19. 26. h. 8. c. 1. 37. h. 8. c. 17. 1. ed. 6. c. 2. 1. eliz. c. 1. 8. eliz. c. 1. their oath of supremacy , and their high-commission it selfe , which might teach them another lesson ( as that it confines them to doe all things by his majesties speciall commission , in his name and under his seale , when they are all there joyned together , much more therefore when they are divided in their severall dioces ; ) and because they have * blotted out caesars image and superscription , his armes and royall title out of their courts , proces and all ecclesiasticall proceedings , and inserted onely their owne in leive thereof , that so they may appeare to all the world to be no longer his but theirs , and hee ( if hee should chance to chalenge and resume them as his owne ) might not henceforth owne or claime them to be his ; they have litle reason now to attempt , and his majesty farre lesse to suffer , and so having neither god nor the king , divine nor humaine right to support them , they must ( as the proverbe is , between two stooles the arse goes to the ground ) now at last in the middest of their usurped greatnes , fall flat upon the ground , and this their fall , q proove very great , because they now of late , are growen so , * not being content with the office of a bishop , but they must be also kings , temporall lords and cheife state officers , against christs expresse commaund and gods owne law , to sway both church and state at pleasure so they may ingrosse ‡ into their sacred hands the sole rule and government of the world , having great possessions ; and being great lords also as they are prelates , and yet doing nothing therefore at all in point of preaching , fecding , and instructing the people committed to their spirituall charge , but onely playing the part of a bishop , as a christmas game-player doth of a king and as a poppet , which springeth up and downe , and cryeth peepe , peepe , and goeth his way , as * doctor barnes writes wittily of the bishops of his age . which swelling greatnesse 〈◊〉 ambition of theirs as it will make their downefall the greater , so the speedier , being a sure prognosticke of their approaching ruine , as the greatnesse of any unnaturall swelling in the body is of its present ensuing rupture . u pride ever going before destruction , and a lofty spirit before a fall , and they usually dogging them at the heeles ; because * god himselfe resisteth the proud , but then most of all when they are at the highest ; according to that of the psalmist , ‡ thou puttest away all the wicked of the earth like drosse , which assoone as ever it hath gotten up to the top of the pot , and elevated it selfe above the 〈◊〉 mettle , is then scummed off and cast away . towards which their desired speedy downfall , if these my unworthy labours shall through gods blessing on , and thy prayers for them , contribute any assistance , for the ease , releife or comfort of gods poore people , * who are every where most wrongfully , without , yea ‡ against all law and reason oppressed , and cast out of their benefices , freeholds , possessions , imprisoned , fined , excommunicated , silenced , suspended , vilified , crushed , and troden under feet by their intolerable tyrannie , might and unbounded extravagant power , i shall neither repent me of the penning , nor thou thy selfe of the reading of it , wherefore here humbly prostrating it to thy impartiall censure , and commending it to the blessing of that omnipotent god , who to shew the infinitenes of his wisedome and power , doth oft times z choose the foolish things of the world to confound the wise , the weake things of the world to confound the things that are mighty , and base things of the world , and things that are despised , yea and things that are not , to bring to nought things that are , that no flesh should glory in his presence . i shall take my leave of thee till some further occasion . farewell , and pray for me . to the right reverend fathers in god william lord archbishop of canterbury : and richard lord archbishop of yorkes , primates and metropolitanes of all england . my lords , i have sundry times heard both of you joyntly and severally protesting even in open court , not onely in the * high-commission , ( but in dr. laytons and two other cases since ) starchamber too , ( whether seriously or vauntingly onely let the event determine ; ) that if you could not proove your episcopall iurisdiction and function which you now claime and exercise over other ministers , and your selves as you are bishops to be superior in power , dignity and degree to other ministers iure divino ( a doctrine which a patricke adamson archbishop of s. andrewes in scotland , publikely recanted in the synod of fiffe anno 1591. as directly repugnant to , and having no foundation at all in the word of god ; ) you would forthwith cast away your rochets of your backes , lay downe your bishoprickes at his majesties feet , and not continue bishops on ehower longer . what your lordships have so oft averred and publikely promised before many witnesses , ( i hope bonâ fide , because judicially in full court upon goodadvise , not rashly on some sodaine fitt of choler , ) i shall make bold , to challenge you to make good without more delay ; either by giving a solid satisfactorie speedy answere to this short treatise ( consisting onely of 2. questions , which you may devide between you , and so speedily reply to , if your great b secular occasions , not your praying and c frequent preaching , which are onely truly epicopall , though you deeme them overmeane imployment for arch-bishops interrupt you not : ) which manifests all that jus divinum which hitherto both or either your lordships have pretended for your episcopalities to be but a meere absurd ridiculous faction , having not the least shadow of scripture to support it ; or in case you either cannot or faile to give such an answer to it in convenient time ; by pulling off your rochets and resingning up your archbishoprikes ( which without all question are but a meere humaine , and no divine institution , as i have evidenced : ) into his majesties hands , d from whom you dare not deny you onely and wholly received them , with all your episcopall jurisdiction and authority thereunto annexed , whereby you difference your selves from , or advance your selves above your fellow-ministers as their supreme lords , unlesse you will split your selves against the hard rocke of a praemunire , and the statutes of : 26. h. 8. c. 1. 31. h. 8. c. 9. 10. 37. h. c. 17. 1. ed. 6. c. 2. 1. eliz. c. 1. 5. eliz. c. 1. 8. eliz. c. 1. which acts as they will informe your lordships , notwithstanding all your former vaunts and brags of divine right , that the archbishops , bishops , arch-deacons and other ecclesiasticall persons of this realme , have no maner of ivrisdiction ecclesiasticall , bvt by , vnder and from the kings royall majesty ; to whom by holy scripture all avthority and power is wholy given , to heare and determine all maner causes ecclesiasticall , and to correct vice and sinne whatsoever , and to all such persons as his † majesty shall appoint thereunto : that all authority and iurisdiction spirituall and temporall is derived and deducted from the kings majesty , as supreme head of the church and realme of england , and so justly acknowledged by the cleargy thereof : that all courts ecclesiasticall within the realme were then ( and now ought to be though they are not ) kept by no other power or authority either forraigne or within the realme , but by the authority of his most excellent majesty onely ; and that by vertue of some speciall commission or letters patents under his majesties great seale , and in his name and right alone : that all power of visitation of the ecclesiasticall state and persons ( much more then of our vniversities exempt from archiepiscopall & episcopall iurisdiction ) is united and annexed as a royall prerogative to the kings imperiall crowne , and to be executed by none but by patent under him : and that all your citations , processe , excommunications , probates of wils , commissions of administration &c. ought to be made onely in his majesties name , and sealed with his seale ( as they were in king henry the 8. and king edwards dayes , witnesse the bishops registers , proces and probates of wils in their two raignes , and now are in your high-commission ) that so both the courts and processe migth be ‡ knowen to be his majesties by leaving his image , stile and superscription ingraven on them , and to be derived unto you , not by any divine right , but by his princely grace alone , who hath as absolute an ecclesiasticall iurisdiction , as any of his royall progenitors enjoyed , both by the lawes of god and a of the realme : so they will inforce your lordships to acknowledge , ( unlesse you will renounce your alegiance to your most gracious soveraigne , whose meere grace hath advanced you to what you now are , ) that all your episcopall iurisdiction , whereby you are distinguished from , or elevated above any ordinary presbyters and ministers , is not from any divine charter or commission from christ , but * onely in , by , from , and under his majesty ; and so not jure divino , as you have thus frequently craked and boasted to the world ; so as you must either now forthwith renounce your bishoprikes according to your protestations , or else be guilty of breach of promise ; unlesse you can proove you enjoy them onely by a divine right , and yet onely in , by , from , and under his majesty , which is a contradiction . if your lords to maintaine your divine pretended episcopall iurisdiction shall flie to b doctor john pocklington for ayd ( who by † one of your domesticke chaplaines approbation ) hath verily published in print , that you by gods mercy to our church , are able lineally to set downe your succession in your episcopall dignity , from s. peters chaire at rome , to s. gregory , and from him , from our first archbishop s. augustine ( though we had many d archbishops before his comming ) our english apostle ( so the papists would have him stiled ; though * bishop f lewel , fox , and g others , renounce him ) downeward to his giver that now sits in his chaire , primate and metropolitane of all england . i shall then desire your lordships and this doctor to proove . first , that s. peter was a bishop by divine institution . secondly , that he was bishop of rome ? of which this doctor is so impatient , that he breakes out unto h these passionate words well worthy your episcopall censure : whereby † their vanity may appeare , that upon idle ghesses against all antiquity , makes fooles beleeve , that s. peter w as k never at rome ; mking the succession of bishops and truth of the latine churches , as questionable as the centurists orders . thirdly , wheter peter was sole bishop of rome , or rather paul also bishop as well as hee at the same time , and that by divine institution ? whence it will follow , that there ought to be ‡ how bishops of rome and so of canterbury , at the same time , not one alone , as two severall persons at least to constitute one bishop ? fourthly , whether it will follow from peters being bishop of rome iure divino , that the arch-bishops of canterbury and yorke most necessarily be archbishops iure divino ? fifthly , whether if this doctrine be true , this proposition can be denied ; that your lordships being lineally descended from the church and popes of rome , are both the true and genuine sonnes and members of these two ghostly parents ? if you deny this inference , then you must renounce this divine title to your prelacies ; if you subscribe unto it ( as i presume you dare not , then all his majesties loyall subjects ( who have in their m oath of allegiance and supremacy , renounced all forraigne iurisdiction with the bishops and church of rome , abandoned by * severall acts of parliament , ) must renounce both you , and this your episcopall iurisdiction to , thus claimed : which since you can no wayes substantially proove to be iure divino , i hope you will now lay downe your bishopriches , according to provise , or else be though●never worthy faith or credit more in future time . neither may the seeming strangnes of the thing it selfe , deterre you from it , this being no new thing for bishops to resigne and give over their bishoprikes . for not to mention , that famous * gregory nazianzen , that great patriarke of constantinople , or p hi●rax , † iohn of antioch , with sundry others in the primitive church , who either out of conscience or for quietnes sake , voluntarily renounced or repudiated their bishoprikes betaking themselves to a more retired private life , wherein they might serve god better . nor yet to recite the history of * ammonius , who when the cleargy and people elected him for their bishop , and urged him to take a bishopricke upon him , fled away secretly , and cut off his right eare , that the deformity of his body might be a canonicall impediment , to his election , and , being yet deemed meet ▪ to be a bishop by timothius the patriarke , though his nose and eares had beene both cut off by reason of his learning and vertues ; and the people drawning him against his will to accept that office , hee replyed that hee would likewise cut off his tounge to , which pleased them unlesse they would specdily let him goe . nor yet to remember † euagrius the philosopher , who when he was constrained to accept a bishopricke by theophilus alexandrinus , renounced his ministery rather then hee would accept it , such a dangerous and ill office did hee then repute it , and many good men else , who as nicephorus records , refused aunciently to accept thereof , though nothing so dangerous and pernicious an office , then as now . or nicephorus * blemmides , who being elected patriarch of constantinople absolutely refused to accept it upon any termes ▪ or u werinbaldus unanimously elected bishop of spier who could by no meanes be induced to embrace it : or * theophil●us archdeacon of adaina , who being chosen bishop of that see , refused to receive it , and being forced both by the ministers and people to take it against his will , relinquished it shortly after though in an idle manner . i find it recorded of ‡ arsenius , germanus , paulus cyprius , iosephus , becus , gregorius cyprius , athanasius , iohn , ioannes glicis , antonius studites , cosmas , and theodosius , all patriarkes of constantinople ▪ as likewise of * gildenutus bishop of malden , vlfranius bishop of shetne , arnulphus , bishop of mets , addo-bishop of lyons , victerbus bishop of ratisbon , herigerus bishop of meniz , michael bishop of ephesus , adelberus bishop of wirtenburg . michael opites , patriarch of athens , desiderius , bishop of flaunders , bruno the third , bishop of colen ; vlrious the second bishop of constance , walther bishop of augusta , gerhardus bishof herbipolis , vlricus bishop of rhesia , brincingus bishop of hildeshem , conrade the second bishop of lubecke . adam bishop of morini in flaunders , christianus the second bishop of marcte , sebotho bishop of augusta , everhardus bishop of reformes , vlricus bishop of saltsburg , conradus bishop of hildesheim , conradus bishop of halberstat , ludolphus bishop of the same see , gunterus bishop of magdeburge ? iosia odolpleus , archbishop of vpsal 〈…〉 in s 〈…〉 hland , with sundry other patriarkes , archbishops and bishops , many of them by reason of age or sicknesse , others out of discontent , others out of a desire of peace , quietnesse , and case from unnecessary cares , and troubles , others of them meerly out of conscience of the unlawfulnesse , danger , hurt , and sinnes accompanying the very office of bishops as then it is , and yet is used ▪ ) have voluntarily renounced , revived , relinquished , their patriarkships , archbishoprikes , and bishoprikes , and betooke themselves to a more retired , religious , quiet , private , godly life , wherein they might serve god better and showe those manifold occasions of evill and temptations unto which their episcopall function would expresse them both a hazard of their soules . if these many forraigne examples , will no wayes moove your lordships as seeming over strange , we have many pregnant domestique presidents of like nature , which may perswade you , to make good your promise and induce you to an imitation of them . for i find that * robert gemetiensis , s. edmund , boniface , and robert kalwarby archbishops of canterbury ; richard beaueyes , and william de sancta maria bishops of london , iohn bokingham , and philip ripingdon , bishops of lincolne , richard peche , and roger de weseham bishops of coventre , and lichfeild , herman bishop of sherborne , shaxton bishop of sabisbury , william warmest , iohn voysy , and miles coverdale ( who being deprived in queene maries time , cared not to returne to his bishoprike in queene elizabeths , setling himselfe in london and there leading a private life as an ordinary minister ) bishops of exeter , iohn carpenter and master hugh latimer , bishops of worcester ( the later of whom ‡ skipped for joy when hee had cast off his rochet , for that hee was eased of so heavy a burthen , and blessed god that he had given him grace to make himselfe a quondam bishop ; ) ralfe de maydestan bishop of hereford . putta , quickhelmus , and haymo bishops of rochester , ( the first of them becoming a schoolemaster , spent the residue of his dayes in that kinde of life , and could never abide to heare of returning to his bishoprike ; ) dubricius bishop of carleon , sulghein bishop of s. davids , iohn hunden , bishop of landaffe , caducanus bishop of bangor , elguensis bishop of s. assaph , colman , s. cuthbert , egelrit and nicholas de farnham bishops of lindesfarne and durham , ( the later of whom first of all twise refused and then at last resigned his bishoprike out of conscience ) paulinus de leedes ( who peremptorily refused out of conscience to accept the bishoprike of carlile though thereunto elected , and earnestly intreated by king henry the second to accept the place , who offer● him 300. markes yearly revenue for the increase of his living there , as did sylvester de everdon for a time to , ) walter malclerke bishop of carlile ; cedda , coena aliàs albert athelwold , thurstan , william wickwane archbishops of yorke , who all voluntarily , ( most out of conscience , some out of choller , others for their ease , some for their age , others for other causes , best knowen to themselves ) resigned both these their archbishops and bishoprikes , being so many domesticke presidents to your lordships ( who have long since given over the maine part of your episcopall function preaching , ) now to doe the like , according to your joint and severall promises , in case you cannot proove your archiepiscopall and episcopall lurisdictions lure divino , and give a satisfactory answer to these few papers , which i presume you can never doe ; since not onely t hieron , u ambrose , x chrysostom , y augustine , z sedulius , remigius , primasius , theodoret , haymo , beda , rabanus maurus , theophilact , a isidor hispalensis , b alcuminus , c oecumenius , d gratian , the councells of carthag● 4. con● . 22. to 26. of aquisgran c. 8. 10. 11. e iuo camotensis , f peter lombard , g bruno and h other ancient , but even anselme archbishop of canterbury , richard archbishop of ardmagh , all the archbishops , bishops and cleargy of england in 37. h. 8. in their institution of a christen man chapter of orders subscribed with all their names , stokesly bishop of london , tonstall bishop of durham , reginald peacocke bishop of chichester , bishop hooper , bishop latimer , bishop iewel , bishop alley , but even . arch-bishop whitgift himselfe and bishop bridges , to omit wickliffe , swinderby , walter brute , s. iohn oldcastle , master iohn lambert , master iohn bradford , and other our martyrs , master thomas beacon , master iohn fox , master alexander novell , doctor whitaker , doctor humfry , doctor willet , doctor agray , doctor taylor , doctor ames , doctor raynolds , doctor fulke , and others in * their authorized writings printed here in england cum privilegio , and publike allowance , with the forecited statutes of our realme , and all the bishops patents in the raigne of king edward the 6. in expresse termes , conclude your archiepiscopall , and episcopall iurisdiction to , over other ministers , to be a meere humaine invention long after the apostles time , to prevent , ( or rather as the event hath ever since prooved , to engender , foment , & occasion ) all schismes factions , errors and disorders in the church ; when as k christ himselfe and l his apostles since , ordained a parity , an equality both among his apostles and ministers , and ever instituted many bishops , elders over every particular church , but never any one bishop or minister over many , as the best meanes to preserve unity and roote out sinnes , occasioned onely by the pride , ambitious couvetousnesse , power , and tyranny of domineering prelates . thus craving pardon for my boldnesse in pressing your lordships , like two honest plaine dealing men , to make good your words , that so we may once againe become fellow-brethren , and walke hand in hand together like equals without that infinite lordly distance , which is now between us . i take my leave and rest your lordships faithfull monitor a. b. c. a briefe exhortation to the archbishops and bishops of england in respect of the present pestilence . my lords , ( for so you stile a your selves , and will be intiteled by all men , notwithstanding the b lords owne inhibition to the contrary , ) the prophet isay . c. 26. 9. hath informed me ; that when gods judgements are on the earth , the inhabitants of the world will learne righteousnes : and who knowes , whither your lordships , ( as properly inhabitants , if not servants and louers to , of the world , as any of what ever profession , though you c should not be so ) may not now in this time of pestilence , when gods iudgements are everywhere so rife among us , learne righteousnesse as well as others , ( if you thinke not your selves to wise to learne , to old to be instructed , ) if any man will but take the paines to teach you . hearken therefore , i beseech you , as you tender , either the preservation of your lives in this time of mortality , or the salvation of your soules in the great day of iudgement ; or the lives and soules of his majesties subjects , committed to your pastorall charge , to a short lecture , ( no wayes overburthen some to your memories , ) which i shall here read unto you for your good , if you please either so to interpret it , or come with a sincere conscience for to heare it . it may be that in regard of your sacred episcopall order , you conceit your selves altogether plague-free , and as wholly exempt from divine , as you now strive to be from temporall iurisdiction ; ( which makes you neither to dread the plague , which hath seised upon * sundry kings and laid them in the dust , ) nor as yet any way to endeavour by fasting and prayer , to prevent either it , or that famine likely to accompanie it . but to instruct you , how you are still but men , ( and so exposed to all those mortall sicknesses which continually assault the crazy fortresses of our d earthly tabernacles , non obstante , your rochets , miters , crosiers , and all other your episcopall harnesse , ) give me leave in a word or two to acquaint you ; that † pelagius the second ( though a pope and bishop of rome ) notwithstanding his pontificall robes , exorcismes , pompe and charmes , was both seised upon and devoured of this impartiall disease , anno dom. 591. as platina , onuphrius , anastatius stella , fasciculus temporum , balaeus , luitprandius , vitelius , and others testify in his life : which plague ( as e petrus blesensis archideacon of bath , records , ) was sent by god as a just judgement upon the romans and italians , for giving themselves to drinking , feasting , davncing , sports and pastimes , even on easter day , and other following holy-dayes , after their participation of the blessed sacrament of christs body and blood , ( many of them being cons●med and dying of the plague in the very midst of their sports , mirth , ales ord pos●●mes , ) and on this pope himselfe for not restraining them from this prophanes . a president which should make your lordships feare and tremble , this present plague beginning here on easterweeke last , as that plague then did ; no doubt for the selfesame prophanation of gods owne day and sacraments , with those abuses , sports , sinnes , pastimes for which they then were plagued ; which your lordships , have not onely , not restrained , but countenanced , patronized , and propagated all you could , this pope going not so farre , cantinus bishop of avernium , cato his successor in the same see , rupertus bishop of triers , hermannus bishop of verd●num , rainold bishop of colen , conrade bishop of augusta , walricus bishop of spiers , ruggerus bishop of herbipolis and sigsridus of the same , eberhardus bishop of ratisbon , gerion bishop of halberstat ; all died of the plague . * in the great plague that happened in the emperor frederike barbarossa his armie in italy , many germane prelates and some german princes which came with him died of the pestilence ; neither their consecration , nor their function being any antidote against this disease . in the great f councell of basil . anno 1431. ( to name no more forraigne examples ) lodovicus patriarke of aquilcia , the bishops of ebron , lubecke , constance , and others , died of the plague ; aencas silvius himselfe ( afterwards pope ) being there stricken with this disease , where of bee lay three dayes together at the point of death , all men despairing of his life , but yet by gods helpe escaped . if any of your lordships should thinke these forraigne presidents proove not , that any english prelates are obnoxious to the selfe-same disease ; to rectify this mistake , i shall present you with some domesticke examples , worthy your most serious consideration . g ann. dom. 664 ▪ on the 26. day of october . ceadda the second bishop of london , with all the monkes of his new erected monasterie at lestinghen , were taken away with the plague . the very next yeare following h anno 665. tuda the fourth bishop of durham died of the pestilence . i anno 1258. fulco basset the 45. bishop of london , was smitten to death with the same fatall disease . k michael northbrooke his successor the 57. bishop of london anno 1361. perished of the plague ; and the same yeare , reginald brian bishop of s. davids , being translated to ely , deceased of the plague before his translation could be perfected . and to cite no * more in so plaine a case . l anno 1500. thomas langhton bishop of winchester , then archbishop of canterbury elect but not enstalled , and thomas rotheram archbishop of yorke , were both in the selfe same yeare swept away together with this pestilentiall disease . these severall presidents , to omit all others , may be a good memento and monition to your lordships ( being bishops and archbishops ) to put you in minde , both of your mortality in generall ( which most feare you seldome seriously consider off , being so over-much taken up with * secular imployments , not compatible with your spirituall functions , ) & that you though bishops are subject to this disease , this stroke of god as well as others , as these your predecessors : & therfore should now at length , after so many weekes delay , endeavour to appease gods wrath and cease this plague begun among us , ( which every day spreads it selfe more and more ) by publike fasting ; prayer , preaching and humiliation the remedy , not onely m prescribed in scripture by god himselfe , but likewise by the whole church and state of england in the two last great plagues both in 1. iacobi , and in the first yeare of our present soveraignes raigne , as the severall bookes of common prayer and order of fasting , then published by these noble princes speciall commaund , yet testifie on record : both of these bookes joyntly confessing and bewayling , that among other sinnes occasioning these two dreadfull man-eating pests , this was not the least ; that the † sabbath day , was not kept holy , but prophaned ; and therfore no wonder that these plagues breake in upon us . and may not your lordships and the whole kingdome justly feare , that this very sinne of sabbath-breaking , and prophaning gods owne sacred day by sports , wakes , maygames , davncing , drunkennesse , chambering , wantonnesse , idlenesse , travelling , unnecessary labor and the like , which drew on these two former plagues upon us , hath been one maine cause of this present pest , which beginnes thus freshly to destroy us ? it being most apparant to our shame , ( and i feare to all our smart ) that the lords-day sabbath , ( for so our owne ‡ homilies ten times stiled it before the troubles of frankfort , anno 15●4 . when * doctor pocklington , or doctor boundes booke anno 1595. when q doctor heylynfables ; that the lords day was first anabaptized a sabbath day and christned with this name by some jewish godfather , to overthrowe the liturgie and discipline of the church of england , who yet gave it this title long before these ignorant doctors dreame , both in her homilies and approoved writers workes , ) hath of late beene more generally , publikely , audaciously prophaned in most places of the realme by the fore named pastimes , abuses and disorders , then beforethose two sweeping plagues , not onely in point of practise , which is ill ; but even in point of doctrine , which is worse ; many late authorized † histories , treatises and discourses of the sabbath ; not fearing publikely to maintaine the lawfullnesse of dauncing , morrises , maygames , dedication feastes , pastimes , sports and ordinary labor even in gods owne day , as the doctrine of the church of england ; when as acute master iohn sprint , in his proposition for the christian sabbath day , printed by license london , 1607. p. 4. ( newly reprinted ) and learned doctor john white in his ‡ way to the true church , 5. times printed by authority ( yea sett forth and defended by doctor francis white now bishop of ely , ) expresly brand it , not onely as a popish and heathenish practise ▪ but likewise as a point of popish religion , which directly tends to the maintenance of open sinne and liberty of life , and expresly allowes most palpable wickednesse , directly tending to the desolation of publike government and private honesty ; being that which hath made the papists the most notorious sabbath-breakers that live , * zanchius , and † musculus also branding this very doctrine of liberty they now teach and the practise of 〈◊〉 , as popish and all the bishops , cleargy , king , lords , commons , and parliament of england in king henry the s. his raigne , condemning it in * two severall bookes , as meerly iewish ; to checke the dotage of those novell doctors who defi 〈…〉 the strict sanctification of the lords day by abstinence from dauncing , sports , and pastimes , iudaizing ; when as that they plead for , is truly such . this grosse prophanation therefore of the lords day both in doctrine and practise , y aggravated with the late suspending , silencing , excōmunicating , pursevaning , vexing , persecuting , depriving , croushing of many learned , painfull , godly conscionable ministers , both against all the rules of canon law , common law , statute law , conscience , reason , piety , charity , justice , and the presidents of all former ages , meerly for refusing out of conscience upon their episcopall mandates , to have any hand or finger in acting , in proclaiming any thing which might animate their people to this pestiferous sinne , ( punished within these three yeares with many memorable ‡ particular judgements of god , immediately executed from heaven ; ) hath no doubt so farre provoked our most gracious god , that now he can hold z off his hands no longer from smiting us , with his dreadfull iudgements , which some of us have allready felt , and most of us now feare : who questionlesse will never take off his pests and iudgements from us , till your lordships shall take off your most unjust suspensions and censures from those who have thus suffered in his quarrell , and all of us repented of this our crying sinne of prophaning gods owne sacred day , both in point of doctrine and practise : an abhomination never more rife in any then this our present age , by reason of your lordships patronizing propagating and defending of it , in such a publike , shameles , violent maner , as no former age can ever paralell , to gods dishonor , your owne eternall infamie , and the fitting of your selves , and this whole kingdome for those publike judgements , ( not onely of a late extraordinary cold winter , and two successive drie summers , which threaten a famine of bread to recompence that a famine of gods word that you have lately caused , to omitt all other miseries which we suffer , ) but likewise of that plague which is now dispersed : in the pulling downe whereof , as your lordships have had , nodoubt , a deeper hand then others , so you have great cause to feare , you shall feele the irresistable mortiferous stroke thereof , as much , or more then others . the plague , you well know , is gods owne arrow psal . 91. 5. who ordaineth his arrowes against the persecutors . psal . 7. 13. and are not some at least of your lordships such . it is gods owne hand , 2. sam. 24. 14. 15. ier. 21. 6. now gods hand shall finde out all his enemies , his right hand shall finde out those that hate him , psal . 21. 8. and are not many of your lordships in that number ? it is , gods owne brandished sword . psal . 8. 6. and whom doth god wound and slay therewith but the † head of his enemies , and the hayry scalpe of those who goe on still in their trespasses ? and are not to many of your lordships such ; who even now in the very midst of gods iudgements ; proceed on still in your malicious , violent , implacable hatred , enemities and persecutions against gods faithfull ministers , saints , and the very power of holinesse ; in your lordly pompe , ambition , avarice , pride , envy , arrogance , cruelty , oppression , injustice , luxury , secularity , suppression of preaching , prayer , fasting , communion of saints , and what ever savours of piety ; and in profaning of gods owne sacred day , both in your doctrine & practise ; which is seldome worse solemnized , or more prophaned as ‡ master bucer long since observed , quam in ipsis episcoporum aulis , then in bishops owne pallaces , where neither lord , nor chaplaine , nor servant , make any great conscience of prophaning it sundrie wayes , to give the better example of piety and holinesse unto others . how then ( being heavy laden with these many sinnes , and having the prayers , the cries , the clamours , the teares , the sighes and groanes of all gods people against you , if not of the whole kingdome to , the dayly imprecations of many distressed ministers , people , whom you have most injuriously and inhumanely handled without any lawfull cause , ) can you but feare gods vengeance and expect his plagues , to sweepe such clods of sinne and mischiefe , such pests and prodigies as you are , cleane away ? d be wise now therefore o yee kings , ( for such are you now become by giving absolute lawes , and prescribing what ceremonies , articles , rites , oathes and novelties you please , even in your owne names and rights alone , unto his majesties people , and executing all lordly , kingly soveraignity and dominion over * mens bodies , and estates as well as soules , contrary to your saviours expresse inhibition . math. 20. 25. 26. ) be learned o yee iudges of the earth : ( for such are you now in many temporall courts , and would be gladly such in more , in steed of being preaching bishops in our pulpits and pastors of mens soules : serve the lord in feare ( for that is in truth your duty , not to be lords your selves , or reverenced and served with feare as lords are wont to be : ) and rejoyce unto him ( not with organes , choristers , pipes , and daunces , but ) with trembling kisse the sonne ( whom you have hitherto buffeted ‡ persecuted in his faithfull ministers and servants ) least he be angry , and ye perish in the way , even now when his wrath is kinded but a litle , and his plagues but newly kinded ; least if ye refuse to turne from all your former sinnes and wickednesses , hee begin at last to bruise you with this his rod of iron , and dash you in peeces like a potters vessell , and there be * none to deliver you from this his raging fury . remember i beseech you that of the prophet nahum g god is jealous , and the lord revengeth , the lord revengeth , and is furious ; the lord will take vengeance on his adversaries , and he reserveth wrath for his enemies . and though he hath a long time h suffred you with much patience ( as he doth other vessels of wrath fitted to destruction , ) to spoyle , oppresse and deale treacherously with his people ; yet consider now , that the times are drawing neare wherein you may be recompenced with the like usage ; as the prophet isai threatens . † wo to thee that spoylest and thou that wast not spoyled , and dealest treacherouslly and they dealt not treacherously with thee : when thou shalt cease to spoyle , thou shalt be spoyled , and when thou shalt make an end to deale treacherously , they shall deale treacherously with thee . wherefore my lords k breake of your sinnes and sinnfull proceedings by sincere and timely repentance , and of lyons , beares , ‡ wolves , thieves , and robbers , ( which many bishops have degenerated into ) become * lambes and shepheards to gods people ; and now at last , m as the elect of god , holy and beloved , put on bowels of mercies , kindnesse , humblenesse of minde , meeknesse , long suffering , forbearing and forgiving all those against whom you have any quarrell , even as christ forgave you so also doe ye . and above all things , put on charity , which is the bond of perfectnesse , and lett the peace of god rule in your hearts , to which you are also called in one body ; and let the word of god dwell richly in you , in all wisedome &c. and if you will divert this pest either from your selves or others ; then presently † beginne to turne to the lord with all your hearts , with fasting , weeping , and with mourning , sanctify a fast call a solemne assembly gather the elders , &c. ( and not by proxy but in proper person , if ever you will either be reputed the preists or ministers of the lord , ) weepe betweene porch and the altar , and say spare thy people o lord &c. give not thine heritage to reproach . alas for the day of the lord is at hand , and as a destruction from the allmighty shall it come , and who shall escape it ? and that your fast may be acceptable , beware that it be not * a fast for strife and debate , to smite with the fist of wickednesse , or to make your voyce to be heard on high , bewareleast it be only a hanging downe of your heads , like a bulrish and aff licting of your soules onely for a day . but let it be that true fast , which god hath chosen , to loose the bands of wickednesse , to let the oppressed goe free , to undoe the heavy burthens ( which you have lately layd on ministers and people ) and to breake of every yoake , ( wherewith you like lordly † barons have clogged the consciences ( yea and bodies ) of gods servants , and brought them into a miserable bondage and captivity under you , as if they were your vassals , not brethren : ) to breake your bread to the hungry , to bring the poore that are cast out , ( yea the poore ministers and christians you have most unchristianly cast out of their livings , houses and gods house it selfe , throwne into your nasty prisons , where they must still be detained , when others are set free ) to your houses , ( yea to their owne houses , livings and gods house againe , ) to cloath the naked , to draw out your soule to the hungry , to satisfie the afflicted soule ; to turne away your feet from the sabbath from doing your pleasure on gods holy day to call the sabbath a delight , the holy of the lord honourable , to honor god alone therein , not doing your owne wayes , not finding your owne pleasure , nor speaking your owne words . if thus you now fast and doe , peradventure you may be spared in this day of the lords great wrath , and god will make our health to spring forth speedily . but if you forbeare to doe it , and proceed on as you have done , be sure p that god will visit you for these things , and that his soule shall be avenged on such a nation as you are . he will no doubt q bring evill upon you , and you shall not be able to escape , in this yeare both of yours and his visitation : in which as you have most strangly visited others , thrusting many of gods best and painefullest ministers from their ministery in sundry places , upon meere new fancies and articles of your owne , against law and justice ; so god the supreame visitor , will in his justice visit you , in one kinde or other , with his most righteous judgments , & cut you off with his plagues , as he hath done your forecited predecessors . this you have cause to feare , and seriously to expect , unlesse you forthwith become new-creatures : loe i have in few words admonished you ; if you amend , there may be hope of mercy , if you continue , what ye are , contemne alla dmonitions , † striving still as you have done , against god , his truth and people , you shall be ashamed , confounded and perish , you shall become as nothing and as a thing of nought , for god hath spoken it and he s will make it good . t the transgressors shall be destroyed together , the end of the wicked shall be cut off . for yet a little while , and the wicked shall not be , thou shalt diligently consider their place , and it shall not be found . u consider what i have written , and the lord give you understanding in all things . farewell . whether timothy were ever a diocaesan bishop , or first , or sole bishop of ephesus ? qvestion . i. if the multitude , or common received opinion might take place , or our prelates be the iudges of this controversy , they would presently conclude affirmatively without dispute ; that timothy was a diocaesan bishop ; yea , the first and sole bishop of the ephesians . but if the scripture , or verity may be umpire , it will evidently appeare , first , that timothy was no bishop ( i meane no such bishop as iure divino or humano , is different from an ordinary presbyter in dignity and degree ) much lesse bishop , or first or sole bishop of ephesus , as is generally conceived ; which i shall clearly evidence by these ensuing scriptures and reasons . that timothy was no bishop in this sence , is apparant . 1. first , because s. paul and luke , who were best acquainted with him , and make frequent mention of him , never stile him a bishop , neither is hee termed a bishop in any text of scripture . s. paul in his epistles to him , cals him , his owne sonne in the faith : 1. tim. 1. 2. a good minister ( not a bishop ) of jesus ▪ christ ▪ 1. tim. 4. 6. his dearly beloved sonne . 2. tim. 1. 2. a good soldier of jesus christ. 2. tim. 2 ▪ 3. a 〈…〉 in that needed not to be ashamed ▪ rightly dividing the word of god , 2. tim. 2. 11 ▪ in his other epistles , hee tearmes him ▪ 1. thes . 3. 2. rom. 16. 21. his brother and beloved sonne . 1. cor. 4. 17. 2. cor. 1. 19. col. 1. 1. a workeman of the lord , 1. cor. 16 , 10. a servant of jesus christ , phil. 1 , 1. but never a bishop . s. luke termes him paules companion , minister , attendant , and fellow-worker onely , acts 16 , 1 , 2 , 3 , c. 17 , 14 , 15 , c. 18 , 5 , c. 19 , 22 , c. 20 , 4. never so much as intimating him to be a bishop . the scripture therefore never phrasing him a bishop , nor giving him that title , among all his other epithites ; is an infallible argument , that he was in truth no bishop , but rather an euangelist , as hee is expresly stiled , 2. tim. 4 , 5. doe the worke of an euangelist . 2. secondly , because he was s. paules associate , copartner , brother and fellow-helper in his apostolicall function , whence he often stiles him , his brother , his fellow-worker ; and conjoynes him with him in the prologue ▪ the inscription of most of his epistles , which are written in both their names , witnes ▪ 2. cor. 1 , 1 , c. 4 , 17. 2. cor. 1 , 1 , 19. col. 1 , 1 , 1. thes . 1 , 1 , c. 3 , 2. 2. thes . 1 , 1. phil. 1 , 1 , c. 2 , 19. rom. 16 , 21. heb. 13 , 23. timothy therefore being a copartner with s. paul in his apostle-ship , or apostolicall function , superior in degree to the episcopall office , ( as is apparant by ephes . 4. 11. 1. cor. 12. 18. and the generall consent of all men , ) it is not probable that hee would devest himselfe of his apostolicall iurisdiction , to become an inferior bishop , or relinquish a superior to take up an inferior degree . who ever saw of late any archbishop or bishop to deny himselfe of his archiepiscopall or episcopall preeminency , to be made a poore country vicar or curate ? and can we then conjecture , that timothy would relinquish his apostleship for an ephesian bishop-pricke ; or else , hold it by way of commendam with his apostleship ? ( commendams being not of such antiquity , and a meere late popish innovation ) or descend from an a evangelist-ship to a bishop-ricke ? 3. thirdly , because timothy was ever either accompanying s. paul in his travels or bonds , as his fellow-helper , minister , and assistant ; or else , sent by him from one church to another , as his messenger , delegate , or college , to establish comfort , and instruct them ; being never long resident in any one fixed place , or church , as all bishops were . b we read acts 16 , 1 , usque 12. that timothy came first of all to paul when hee was at derbe and listra ; paul then taking him to goe forth with him ; and that they went both together through the churches of phrygia , galatia , asia , mysia , and at last came to philippy where hee abode with paul ; and from thence wrote the first epistle of paul to the corinthians , as the * postscript manifests . in which epistle hee writes thus unto them : 1 , cor. 16 , 10. now if timotheus come , see that hee may be with you without feare ; for he worketh the worke of the lord as i also doe . and c. 4 , 17. for this cause have i sent unto you timotheus , who is my beloved sonne and faithfull in the lord , who shall bring you into remembrance of my wayes which be in christ , as i teach everywhere in every church . by which it is apparant , that timothy was sent by paul from philippi to corinth ( after this epistle ) to instruct them ; where he continuing a while , repaired againe to paul to philippi ; and there joynes with paul in the second epistle to the corinthians , written in both their names ; 2. cor. 1. 1. informing them in the 19. verse : that the sonne of god jesus christ , who was preached among them by us , even by me , sylvanus and timotheus , was not yea and nay , but in him was yea . by which it is evident , that timothy had before this second epistle written , preached iesus christ among the corinthians by pauls appointment . after which , paul remooving from philippy , timothy accompanied him to thessalonica and b 〈…〉 a , where hee abode , till paul came to athens ; from whence hee sent a commaund to timothy to berea , to come to him with all speed to athens , where hee stayed for him : acts. 17 , 13 , 14 , 15 , 16. which he did accordingly : joyning with paul in the first and second epistle to the thessalonians , written from athens , in both their names . 1. thess . 1. 1. 2. thes . 1. 1. yea whiles paul stayed at athens , hee sent timothy from thence to the thessalonians , to establish and comfort them concerning their faith ; that they should not be mooved by their afflictions , where he continuing for a space , came from them againe to paul to athens , bringing him good tidings of their faith and charity : 1. thes . 3 , 1. to 7. after this , hee remooveth with paul to corinth , from thence being sent into macedonia hee came againe to paul unto corinth . acts. 18 , 5 , from whence paul writing his epistle to the romans , remembers the salutation of timotheus his worke-fellow to the romans , among others : rom. 16 , 11. after this paul remooving to ephesus , sent timotheus & erastus ( two of them who there ministred unto him ) into macedonia ; himselfe staying in asia for a season ▪ acts. 19 , 20. from whence paul afterwards passed into macedonia & grece , & then returning into asia , timotheus & others accompanied him ; and going before taried for him at troas , acts 20 , 4 , 5. whether paul sent for the elders and bishops of the church of ephesus , giving them a strict and severe charge , to take heed to themselves , and to all the flocke over which the holy ghost had made them bishops , to feed the church of god which he had purchased with his owne blood : v. 17. 28. &c. a taske fitter for timothy to enjoyne them , had he beene their diocaesan , then paul ; and a charge more meet for timothy to receive , then they ; had he then beene bishop of the see of ephesus : who being so neare ephesus , should have accompanied these elders of his church to ephesus , when paul dismissed them , rather then have left his flocke at randome after so strict a charge to feed them . but yet though the elders went backe to their cures from miletus , timothy did not so , for from thence hee accompanied paul to jerusalem , acts. 21 , 15 , 16 , 17. and from thence to rome . for the epistle to the colossians written from rome , is penned in both their names , col. 1 , 1. and the epistle to the hebrewees , as the postscript testifieth ▪ was written to the hebrewes from italy , by timothy ; where timothy was for a while imprisoned , and then set at liberty , heb. 13. 23. after which paul writes his epistle to the philipptans from rome , where hee was in bondes ; at which time timothy was present with him joyning in this epistle : philip. 1. 1. informing the philippians , that hee trusted to send timotheus shortly unto them , that hee also might be of good comfort , when he should know their estate , philip ▪ 2 , 19. whether timothy being sent by him , as is most probable , paul wrote his second epistle to him , at his second appearing before nero , charging him to doe his diligence to come shortly to him before winter , 2. tim. 4 , 9 , 21. he being then not at ephesus , but at troas or philippi ; as is apparant by 2. tim. 4 , 12 , 13. and philip. 2 , 19. timothy therefore thus ever accompanying paul in his travels and bondes , and traveling from one church to another by his appointment and mission , never keeping any fixed residence in any one place , much lesse at ephesus , could not be bishop or presbyter of any particular church ; the apostles instituting no non-resident bishops or elders , but such onely as were to reside with those flockes , over which the holy ghost had made them bishops , or overseers , to watch over and feed them with the bread of life , and to goe in and out before them both in life and doctrine . 14. acts. 23 , c. 20 , 28 , 29 , c. 21 , 17 , 18. 1. pet. 5 , 1 , 2 , 3. col. 4 , 17. rom. 12 , 6 , 7 , 8. 1 , tim. 5 , 17. 2 , tim. 4. 3. tit. 1 , 5 , 6 , 7 , 8. iohn . 10 , 3 , 4 , 5 , 14 , 16 , 27 , 28. ezeck . 34 , 2. to 25. ier. 23 , 3 , 4. c. 3 , 15. isay . 56 , 10 , 11 , c. 40 , 11. zech. 11 , 17. 4. fourthly , because paul , who best knew timothies condition , expresly termes him , a minister of god ( not a bishop ) 1. thes . 3 , 2. informing him , that if he did put the brethren in minde of these things he enjoynes him , he should shew himselfe a good minister ( not a bishop ) of iesus christ , 1 , tim. 4 ▪ 6. therefore certainly he was no bishop , but a minister , when this epistle was written to him , unlesse it be granted , that every minister is a bishop , as s. paul doth phrase them . acts. 20 , 28. tit. 1 , 5 , 7. which the opposites dare not grant , though an undoubted truth : phil. 1 , 1. 1 , tim. 3 , 1 , 2 , 3. 5. because when paul wrote his first epistle to timothy , hee was then very young in yeares , 1. tim. 4 , 12. and but * newly entred into the ministery : whence hee charged him , to give attendance to reading , to exhortation , to doctrine , to meditate upon these things , and to give himselfe wholy to them , that his profiting might appeare unto all men . 1. tim. 4 , 13 , 15. instructing him in that epistle , how and what to preach , and how to demeane himselfe in his ministry , into which hee was then but freshly entred , as most expositors on this epistle accord ; and the 1. tim. 1 , 3. compared with acts. 16 , 1 , 2 , 3 , 4 , 9 , 10. c. 18 , 19 , 20 , 21. c. 20. 1. to 13. clearly demonstrate . timothy therefore being but young in yeares , and newly entred into the ministry , when this first epistle was written to him , was questionles not instituted sole bishop of ephefus , by paul ; who in his very epistle to him 1. tim. 3 , 6. among other qualifications of a bishop enumerates this , that he must not be a novice ( as timothy then was ) least being lifted up with pride , he should fall into the condemnation of the devill : and so should have contradicted his owne instructions to timothy , that a bishop must be no novice , in creating him a bishop ; ( which questionles he would not doe ) being but then a novice . 6. becaufe paul in the 1. tim. 5 , 1. chargeth timothy , not to rebuke an elder , but to intreat him as a father . if timothy then were not to reproove them as a father over them , but to intreat elders , as his fathers , he was certainly no lord bishop or superintendent over elders , but they rather superiours unto him , being to entreat them onely as spirituall fathers ; whereas lord bishops and their chauncellours too , in our dayes , esteeme the very best and gravest ministers under them , not as fathers , but as underlings , vicars , and curates to them ; not entreating them as fathers , but rating , reviling , and domineering over them as if they were their curs and vasalls , and they their lords and maisters . 7. because timothy was to account those elders that ruled well , especially those who laboured in the word and doctrine , worthy of double honor . 1 , tim. 5 , 17. hee therefore being to render double honor to those elders that ruled well and laboured in the word and doctrine ; and not to receive double honor from them ; could be no bishop , father , or lord paramount over them . mal. 1 , 6. math. 15 , 4. rom. 13 , 7. 1 , tim. 6 , 1. honor ever coming for the most part , from the inferior to the superior . 8. because paul exhorts timothy , not to neglect the gift that was in him , which was given him by prophecy with the laying on of the hands of the presbytery , 1 , tim. 4 , 14. now that gift which was given him by the laying on of the hands of the presbytery , was not his episcopall function , ( unlesse the opposites grant , that he was consecrated bishop of ephesus by the presbyters of ephesus : ) but his ministeriall onely : being therefore exhorted to exercise his ministeriall function onely , and to shew himselfe a good minister of iesus christ , 1 , tim. 4 , 6 , 14 , not to exercise any episcopall authority ; he was questionlesse then no bishop , but a minister when this epistle was compi●ed . 9. because though timothy , in the postscript of the second epistle to him , be falsely stiled , the first bishop of the ephesians , as i shall hereafter manifest , yet in the body and postscript of the first epistle , hee is named timothy onely , without any mention of his ephesian bishopricke ; hee was therefore no bishop either of ephesus or any other place , when paul sent his first epistle to him ; for otherwise hee would have beene stiled , the first bishop of ephesus in the postscript of the first epistle , as well as of the second , as is probable . 10. it would not stand with the pompe and state of bishop , ( especially in our dayes ) to be commaunded and posted up and downe , from place to place , in such maner as timothy was by paul , 1 , cor. 4 , 7. acts. 17 , 14 , 15. 1 , thess . 1 , 3 , 1 , to 7. acts. 19 , 22 , phil. 3 , 19. 2 , tim. 4 , 9 , 21 , muchlesse , to minister , to paul , as timothy did , acts. 19 , 22 , but least of all , to carry paules cloake , his bookes , and parchments after him , which timothy is enjoyned to bring from troas to rome , 2 , tim. 4 , 13. an office which our proud prelates would scorne to execute , though paul himselfe should commaund them , as being incompatible with their episcopall dignity : timothy therefore being so much at pauls beck , as to be his messenger , his minister , his cloake carrier , and booke-bearer ( even when some say hee was the great monarchicall prelate of all ephesus and asia ) was certainly no bishop , at leastwise no such lordly bishop as those of this age are . 2. secondly . as all these severall reasons evidence timothy to be no bishop , so in the next place , i shall manifest him to be no bishop at all of ephesus , at leastwise not the first , or sole diocaesan bishop of that citty , and so by consequence , no bishop at all , if not of ephesus ; since no other bishopricke is assigned to him . the infallible verity whereof i shall thus demonstrate . 1. first , there is not one syllable in scripture ( wherein the titles and actions of timothy are frequently mentioned ) which either directly , or by way of necessary consequence , imply timothy , to be either a bishop , or bishop of ephesus ; which paul in his epistles to ephesus , and timothy , and s. luke in the acts , would never have pretermitted , had timothy beene a bishop of that famous citty . 2. the scripture makes no mention of timothies being at ephesus ; or of his preaching there , save onely that paul besought ( not commanded or ordered ) him to abide still to ephesus , whiles hee went into macedonia , that he might charge some that they teach no other doctrine ; neither give heed to fables , and endlesse genealogies , which minister questions rather then edefying , 1 , tim. 1 , 3 , 4 , and to give attendance to reading , to exhortation , to doctrine , till hee came thither himselfe , which was but a short time after , 1 , tim. 4 , 13 , 14 , 15. paul therefore not instituting timothy any diocaesan bishop of ephesus , but onely beseeching ( which was voluntary not commanding ) him , to abide there ( * till his owne returne from macedonia , ) both to instruct the people , and to further himselfe in his owne studies ; not to reside there during life ; it is an unanswerable argument , that he did not constitute him bishop of ephesus , 〈◊〉 some vainely hence inferre : see 1 , tim. 3 , 14 , 15. 3. when timothy was thus desired to abide at ephesus by paul , hee was ‡ but newly entred into the ministery , as appeares by the 1 , tim. 1 , 3 , c. 3 , 15 , compared with acts. 16 , 1 , 3 , 9 , 10 , 11 , 12 , and by the 1 , tim. 4 , 6 , 10 , 12 , 13 , 14. now it is not probable , that paul would constitute timothy a diocaesan bishop of all ephesus , yea the very first bishop of that famous see , being but a youth , so soone as hee had ordained him to be a minister : and before hee knew how to behave himselfe , in the house and church of god , which then hee did not , 1 , tim. 3 , 15. 4. assoone as paul returned againe from macedonia to ephesus , hee sent timothy into achaja , himselfe staying at ephesus in asia for a season , acts. 19 , 22 , to 40 , and from thence returned into macedonia ; and through it into asia , accompanied with timotheus , and others : acts. 20 , 1 , to 7 , after which wee never read that timothy writ , came or returned to ephesus . now if timothy had beene bishop of ephesus , it is not probable that paul upon his returne from macedonia , would have sent him from ephesus into macedonia , to corinth , philippi , & other churches there , as he did acts 19 , 22 , c. 20 , 4 , 5. 1 cor. 14. 17 , 2 cor. 1 , 19. phil. 2 , 19. 1 , thes . 3 , 1 , 2 6 , or that timothy would have gone from his owne episcopall see , into another bishops dioces , and never returned to his owne cure of ephesus , ( which for ought we read hee never did after his first departure thence ) contrary to pauls owne direction to the bishops of ephesus , acts. 20 , 28. 5. wee read , that paul sent timothy into macedonia , acts. 19 , 22. to preach the ghospell to the church of god there ; that he sent him to the church of corinth to bring them in remembrance of his wayes which were in christ , as hee t 〈…〉 ught every-where , in every church , and to worke the worke of the lord , 1 , cor. 4 , 17 , c. 16 , 10 , and that hee accordingly preached iesus christ the sonne of god among them , 2 , cor. 1 , 19. that hee likewise sent him to the church of thessalonica , to establish and comfort● them , concerning their faith , 1 , thess . 3 , 1 , 2 , 3 , 4. and after that to philippi from rome , that hee might know the sate of the philippians , hee having no man like minded , who would so naturally care for their state as timothy . phil. 2 , 19 , 20. but wee never read that paul sent him to ephesus either to comfort , exhort , confirme , instruct them , or to know their state after his first departure thence ; which he would questionlesse have done , had hee beene their bishop , rather then thus have imployed him to other churches . timothy therefore was rather bishop of these cities and churches then of ephesus . 6. as timothy was sent by paul to the churches of corinth , philippi , and thessalonica , so hee joynes with paul in his epistles written to those churches , directed to them in both their names : witnesse 2 , cor. 1 , 1 , phil. 1 , 1. 1 , thes . 1 , 1 , 2 , thes . 1 , 1 , in which epistles paul makes frequent of timothy : witnesse 1 , cor. 4 , 17 , c. 16 , 10. phil. 2 , 19. 1 , thes . 3 , 2 , 6. moreover hee joynes with paul in writings to the colossians : col. 1 , 1 , and paul in his epistle to the romans , c. 16 , 21 , remembers his salutation by name to the church and saints of rome , and in his epistle to the hebrewes written by timothy as his scribe , hee makes mention of his delivery out of prison by name , hebr. 13 , 23. * but in the epistle to the ephesians , written from rome , long after timothy was supposed to be made bishop of ephesus ; timothy neither joynes with paul in the inditement or salutation , neither doth paul so much as once name or mention him throughout that epistle , as he doth in all the other epistles to the churches whether hee sent him , and in every of his epistles else to any church , except in his epistle to the galathians . timothy therefore doubtlesse was not bishop of ephesus at this season ; else he would have vouchsafed to have joyned with paul in his epistle to the ephesians , as well as in his epistles to other churches ; or paul being his speciall friend and applauder , would have made some honorable mention and commendation of him to the church of ephesus , ( his owne peculiar dioces as some affirme , ) as he doth in his epistles to most other churches , where he was never bishop . an unanswerable argument in my opinion , that timothy was never bishop of ephesus , since there is no newes at all either from , or of , or to , or concerning him in pauls epistle to the ephesians , of which hee is surmised , to be the first , sole and genuine bishop . 7. if timothy were bishop of ephesus when paul writ his first epistle to him why then did paul himselfe excommunicate hymenus and philetus , and deliver them unto satan , and not write to timothy to excommunicate these heretickes , and play the bishop in his owne dioces , 〈◊〉 , tim. 1 , 20. yea why did paul himselfe , no timothy , lay hands upon the disciples , there ordained after such time as he was bishop there , acts. 19 , 1 , 6 , 7 ? was it because timothy was a negligent , or impotent bishop , unwilling or unable to excommunicate heretickes , or ordaine ministers ? or in truth , because he was no bishop then and there ? not the first of these , since timothy was neither negligent , nor impotent in his function : therefore the latter , he being then , no bishop , nor yet exercising his episcopall jurisdiction there . 8. had timothy beene bishop of ephesus , when paul wrot his first epistle to him , no doubt paul when hee sent for the elders of the church of ephesus , to miletus to take his finall fare well of them , and made a solemne speech unto them , charging them , to take heed unto themselves and to the flock over the , which the holy ghost had made them bishops , to feed the church of god , which he had purchased with his owne blood , and acts. 20 , 17 , to 38 , would have made some speciall mention of timothy , and directed his speech more particularly to him by name ; as being the prime bishop of that church , to whom this charge did principally appertaine . but paul in that speech of his , makes no particular mention at all of timothy , neither directed hee any part of his speech to him , he being none of the elders of ephesus sent for to miletus , or any of that number whom the holy-ghost had made bishops of that flock and church : hee coming along with paul out of macedonia into asia to troas and miletus , acts. 20 , 3 , 4 , 5 , &c. and so none of the number of elders sent for and called from ephesus to miletus , to whom this speech of paul was applyed . therefore questionles hee was not then bishop , muchlesse sole bishop of ephesus , as some groundlesly affirme , against this unanswerable text . 9. paul himselfe , as hee sent timothy to philippi , troas , and other churches , to instruct , confirme , comfort , and inquire of their estates ; so hee expresly writes to timothy , 2 , tim. 4 , 12 , that he had sent tychicus unto ephesus , for the selfesame purpose . which tychicus as hee did write the epistle of paul to the ephesians from rome , so paul in that very epistle of his to the ephesians , c. 6 , v. 21 , 22 , acquaintes them ; that tychicus a beloved brother and faithfull minister in the lord , should make knowne to them all things : whom ( saith he ) i have sent unto you for the same purpose , that ye might know our affaires , and that he might comfort your hearts . so that if there were any particular diocesan bishop of ephesus instituted by paul , this tychicus ( whom dorotheus makes one of the 70. disciples and bishop of chalcedon in bithinia ) was more like to be the man , then timothy , as these two scriptures evidence . 10. paul himselfe makes mention of elders in the church of ephesus rvlingwell , and laboring in the word and doctrine , and so worthy of double honor , 1 , tim. 5 , 17. which elders hee expresly stiles , bishops of ephesus , acts. 20 , 27 , 28. these therefore being instituted bishops of ephesus even by the holy ghost himselfe , and ruling , feeding , and taking the care , the oversight of that church by his appointment , questionlesse timothy at the selfesame season would not be bishop there . 3. thirdly , as timothy was neither a bishop , nor bishop of ephesus ; so muchlesse was hee the first , or sole bishop there , as the postscript of the second epistle to him in some late coppies , tearmes him . not the first bishop of ephesus : for , as that church was first planted by s. paul , who continued therefore a season : acts. 18 , 19 , 20 , c. 19 , 1 , to 41 , c. 20 , 17 , to 38. 1 , cor. 15 , 32 , c. 16 , 8. 2 , tim. 1 , 18 , and after that for two yeares and three moneths space together , disputing dayly in the schoole of one tyrannus , so that all they who where in asia heard the gospell , acts. 19 , 8 , 9 , 10 , during which time of paules residence there ( in all 3. yeares , acts. 20 , 31 , ) there needed no bishop to governe and sway the church , neither is it probable that any diocesan bishop was there constituted : so the two first that paul left behinde him at ephesus at his first comming thither , to instruct that church were priscilla and aquila , acts. 18 , 18 , 19 , during whose abode there , while paul went from thence to antioch , and over all the countrie of galatia and phrygia , in order strengthning all the disciples ; a certaine iew , named apollos , borne at alexandria , an eloquent man and mighty in the scriptures came to ephesus ; who being instructed in the way of the lord , and servent in the spirit , spake and taught diligently the things of the lord ; and began to speake boldly in the lord : whom when aquila and priscilla had heard , they tooke him unto them , and expounded to him the way of god more perfectly : acts. 18 , 22 , to 27. so that aquila whom paul left first at ephesus before timothy , and apollos who thus preached there , may with greater reason be stiled , the first bishops of ephesus , then timothy ; whom paul intreated to stay there onely at his last going into macedonia : acts. 20 , 1 as † most accord . besides , we read , that paul at his second comming to ephesus , before timothy was constituted bishop thereof , finding certaine disciples there , al out 12. in number , who were onely baptised into the baptisme of iohn , and had not received the holy ghost since they beleived , baptized them in the name of the lord iesus , and when hee had laid his hands upon them , the holy ghost came on them , and they spake with tongues , and prophecied : acts. 19 , 1. to 18. which 12. abiding at ephesus , as is most probable , by acts. 20 , 17 , 28 , 29 , to rule and instruct the lords flocke in that citty ; may more properly be termed , the first bishops of the ephesians , then timothy , who as hee was not the first , so muchlesse was hee the sole bishop of that see ; as is infallibly evident by acts. 20. 4 , 5 , 15 , 17 , 18 , 28 , 29. where wee read , that paul returning through macedonia in to asia , to goe to ierusalem , to the feast of pentecost , there accompanied him , gajus ef derbe , and timotheus ; with others : ( where timothy reckoned to be of derbe , not ephesus ) all these going before to troas accompanied paul to miletus ; who from thence sent to ephesus , and called to him the elders of that church to miletus . and when they were come thither , hee said unto them . yee know from the first day that i came into asia , after what maner i have beene with you at all seasons &c. take heed therefore unto yourselves , and to all the flock over which the holy ghost hath made yov bishops ( so the greeke , yea the latine and ancient english translations truly render it ) to feed the church of christ , which hee hath purchased with his owne blood . &c. from whence it is apparant . first , that the church of ephesus at that time , had not one but many bishops , and that by the very institution of the holy ghost : therefore timothy could not be sole bishop there , by pauls institution , in opposition to the holy ghost . secondly , that these bishops knew from the first day that paul came into asia , after what maner he had been with them at all seasons : and therefore , in all likelyhood , were appointed bishops of ephesus at the very first planting of that church , before timothy was setled bishop : so that he was not the first bishop there ; but these rather , before , or as soone as he . thirdly , that timothy was then neither elder , nor bishop of that church at this time when paul tooke his farewell of it ; hee comming with paul out of macedonia to miletus , and being none of the elders and bishops sent for , from ephesus , to whom alone paul directed his speech : who had hee then beene sole or prime bishop of that see , paul would not have stiled the elders which he sent for , bishops of that flocke , at leastwise hee would have made some speciall mention of timothy in this speech of his , and given him some speciall instructions for the instructing and governing of that church : or at least have honored timothy so farre , as to have made him give this episcopall charge . and instruction to the elders and bishops of his owne proper church and dioces , or to have enjoyned them in speciall maner to reverence , honor and yeild him all canonicall obedience as their supreame diocaesan . all which paul utterly neglects , or forgets to doe ; or particularly to charge timothy to take heed to or feed this flocke , hee being ofta nonresident from it , as i have prooved . yea , making such hast to be at hierusalem by the feast of pentecost , v. 16. that hee could not spare time to goe to ephesus , hee needed not to haue sent for the elders of ephesus to miletus to give them these instructions , since timothy their bishop was then present with him , to whom hee might and would no doubt have imparted them , without further trouble , hath hee then in truth beene bishop of that church . but this sending for these elders in his hast , and stiling them bishops of that flocke , &c. without any mention at all of timothy , who was none of the elders sent for to ephesus , is an infallible evidence , that hee was neither bishop , nor first or sole bishop of that citty . adde wee to this , that when paul exhorted timothy to abide at ephesus , there were then in that citty elders , who did both rule well , and labor in the word and doctrine , and so were worthy double honor , 〈◊〉 , tim. 5 , 1 , 17 , 19. now these very elders , as paul himselfe affirmes , were made bishops of the church of ephesus by the holy ghost , acts. 20 , 17 , 28. therefore timothy could not be the first , the sole bishop of the ephesians as the false postscript of the second epistle to him , stiles him . moreover ; it was the apostles maner in those times to place ‡ many bishops and elders in every church , not to constitute one monarchicall bishop over many : witnesse acts. 11 , 30 ▪ c. 14 , 23 , c. 15 , 2 , 4 , 6 , 22 , 13 , c. 16 , 4 , c. 20 , 17 , 28. c. 21 , 18 , c. 22 , 5. phil. 1 , 1. 1 , tim. 5 , 17. 1 , pet. 5 , 1 , 2 , 3 , tit. 1 , 5 , 7 , iam. 5 , 14. hebr , 13 , 17. acts. 13 , 1 , 2. 1. cor. 14 , 29 , 30 , 31 , 32. 1. thes . 5 , 12 , 15 , rom. 16 , 3 , 9 , 12. col. 1 , 7 , c. 4 , 9 , 12 , 17. which testify , that there were many bishops and elders both at ierusalem , corinth , philippi , rome , thessalonica , colosse , ephesus , yea in all other churches , in crete and elsewhere , at one time , by which the church of god was taught and joyntly governed , as by a common councell of bishops and elders , as g iraeneus , h ignatius , i ambrose , k hierome , and l other ancients testifie . hence m epiphanius & eusebius testify , that paul and peter were joynt bishops of rome at the same time ; & n tertullian writing of the church-governors in his age , saith ; praesident nobis probati seniores , &c. that approoved elders ( not one diocaesan bishop ) were presidents over every severall christian congregation ; and in his booke de corona militis , hee affirmes the same ▪ since therefore the apostles themselves ordained many elders and bishops in every citty and in ephesus too , it is neither possible , nor probable , that timothy alone should be constituted sole bishop of ephesus . finally it is recorded by ‡ iraeneus , p eusebius , q nicephorus r metraphrastes , s hierome , t chytraeus , u baronius , * and many others quoted to my hand by gersonius bucerus : dissertatio de gubernatione ecclesiae p. 520. to 526. that s. iohn the beloved apostle after the councell held at hierusalem acts. 15. resorted to ephesus residing , governing , and instructing that church which paul had planted , after pauls departure thence , with the churches in asia thereunto adjoyning , even till trajanes dayes ; and that though he were banished thence by domitian for a season , yet after his exile hee returned thither againe , writing an epistle to that church during the time of his banishment , revel . 2. 1. which hee names before all the other churches of asia . if s. iohn then kept his residence at ephesus , and ruled that church by his apostolicall power , even till trajanes dayes ; how could timothy be sole bishop and superintendent there ? there being no need of a bishop , where an apostle was present and resident to governe , by whose divine superior authority and presence all episcopall iurisdiction was suspended . to close up this particular point ; * bucolcerus , x fasciculus temporum , the y centuary writers , and z some others record that timothy survived s. iohn , living till about the yeare of christ 108. and was then martyred in the third persecution under trajan , or under nero , or domitian . if this were true , and that timothy continued bishop of ephesus till his death , as the patriotes of our prelates affirme , then by their owne doctrine , it will necessarily follow , that timothy was the angel of the church of ephesus ( which they interpret to be the bishop of that sea ) to whom s. iohn writes . rev. 2. 1. 5. charging him that hee had left his first love ; and therefore admonished him , to remember whence hee was fallen , to repent , and doe the first workes &c. but it is not credible , nor probable , that timothy a man so pious , so laborious , so vigilant , and so much applauded by paulin most of his epistles , should be this backsliding angell of the church of ephesus , ( which the contents of our authorized bibles , to omit all b other commentators , ) of the last translation , affirme , to bee the ministers ( not the bishop ) of that church , as some apostatizing prelates glosse it , ) therefore from thence , and all other the premises , i may now safely conclude , that timothy was not a bishop , nor yet the first , sole , diocesan bishop of ephesus , as our prelates groundlesly affirme ; whose allegations to the contrary i shall next propose and refell , that so the truth may be more perspicuous . object . 〈◊〉 . the first allegation to proove timothy a bishop , when paul writ the first epistle to him , is the postscript of the second epistle , which runns thus ; the second epistle unto timothius , ordained the first bishop of the church of the ephesians , was written from rome , when paul was brought before nero the second time . hence c bishop white and others , conclude timothy to be a bishop . answer . to which i answer ; first , that this postscript is no scripture , ( & all others as in ‡ m. perkins workes is prooved at large ) no part of the epistle , no appendix of s. paules , but a private observation , annexed to it , by some scribe or other after the epistle written without any divine inspiration ; as the words themselves demonstrate ; the second epistle unto timotheus ordained the first bishop of the church of the ephesians , was written from rome , when paul was brought before nero the second time . where observe ; first , that this postscript is written not in the name of paul , but of some third person as the whole frame of it demonstrates . secondly , that this postscript is no direction given by paul to timothy as the words ( the second epistle unto timotheus , ordained the first bishop of the church of the ephesians , was written &c. ) evidence , but a direction of some notary or * commentator to the reader , who here speakes both of paul and timothy in the third person . thirdly , the words was written &c. in the preter imperfect tense , shewes this postscript to be a meere addition of some scribe or expositer , some good space after the epistle written ; not of paul himselfe , at the time when he writt it ; all the postscripts of his other epistles , appearing manifestly not to bee his , by the same reason . fourthly , it is here called , the second epistle unto timotheus , in relation to the first ; and the first epistle to him , written many yeares before it , is likewise stiled , in the postsript of it , the first to timothy with reference to the second . as therefore the postscript of the first epistle was certainly added by some notary after the second epistle written , since it is called the first in relation to it : so no doubt the postscript of the second epistle was annexed to it after the first epistle , and it was transcribed and bound up together , by the same party that added the postscript to the first ; the postscript stiling them thus the 1. and 2. in regard of their mutuall relation one to the other ; after they were both conjoyned , and the new testament and paules epistles , digested into that order and method , wherein now they are placed , both in manuscripts and printed coppies . fifthly , it is very unlikely , that paul would make such a postscript as this . for as these words ( was written from rome , when paul was brought before nero the 2. time ) sound not of paules language but some others ; so the second epistle unto timotheus ordained the first bishop of the church of the ephesians , savour not of his inditing ; who never in any of his epistles to him or others stiles him a bishop , much lesse ordained the first bishop of the church of the ephesians , neither would he have made such a description of timothy as this , to timothy himselfe . sixtly , none of the other apostles have any postscripts added to any of their epistles ; it is likely therefore that paul guided by the same spirit , added none to all , or any of his , but that they * were added by some other , who either transscribed and collected his epistles together , or commented on them ; as were the severall titles both before and over his severall epistles , and the contents before each chapter , both in manuscripts , and printed copyes . seaventhly , it is apparant , that the postscripts of many , of paules epistles are forged and false , as * m. perkins workes prooves them ; and that the postscript of the first epistle was written not onely after the second penned , but likewise three hundred yeares after christ or more . for it runns thus . the first to timothy was written from laodicea , which is the cheifest city of phrygia pacatiana . for phrygia was not surnamed pacatiana ( as † divers affirme by any historians and geographers , ) till at least three hundred yeares after christ ; from one pacatius , a generall , as is conceived , who subdued it . since therefore it was not so stiled till 〈◊〉 h●undred yeares after christ , this postscript must needs be added after that time ; and so in all likelyhood the postscript of the second epistle too , being both made by the same author , at the same time ; and the first , first both in time and order , as is most probable , neither would paul doubtlesse make such a postscript to tell timothy that laodicea , was the cheifest citty of phrygia pacatiana , it being so neere to ephesus , and as well knowne to timothy as to paul. who as * the rhemists and baronius confesse was never at laodicea , which they proove by gal. 2. 1. and so this postscript is but a meere false . eightly , this postscript is directly contrary to the very preface and body of the epistle , written no doubt by paul ; which as it expresly styles timothy an euangelist , not a bishop ; exhorting him to make full proofe of his ministery ; not of his bishopricke . c. 4. v , 5. so paul therein , and in the first epistle , ever termes him , his dearly beloved sonne . 2. tim. 1. 2. c. 2. 1. 1. tim. 1. 2. 18. a man of god : 1. tim. 6. 11. 2. tim. 3. 17. not a bishop : and in the 2. tim. 4. 12. but a little above the postscript , paul writes expresly to him , that hee had sent tychicus to ephesus to know their affaires , comfort their hearts , and make knowne to them all things . hee being a beloved brother and faithfull minister in the lord ephes . 6. 21. 22. and neither timothy his curate and underling , muchlesse his successor at ephesus , as is probable . ninthly , this postscript is directly contradictory to many fore-alleadged scriptures , which proove timothy to be no bishop , muchlesse the first or sole bishop of the church of the ephesians ; therefore not to be beleeved . see acts. 20. 28. tenthly , the postscript itselfe , but especially the clause of it , ( ordained the first bishop of the ephesians ) whereon this objection is grounded , is but a late addition , not extant in any of the fathers workes who have commented on this epistle , ( except occumenius , who lived 1050. yeares after christ ; the first in whom this clause of the postscript is found ) nor in the most ancient best , greeke , latine , arabick , english , or other copyes and translations , whither manuscript , or printed ; therefore to be rejected , as counterfeit coyne . eleventhly , d eusebius , writes , that timothy was reported to be ( not that he verily was ) the first bishop of ephesus , therefore this postscript either was not in being in his age , or else it had no more credit then a bare report , not sufficient to resolve that timothy was undoubtedly and of a truth bishop of ephesus : the first who makes mention of any of these postscripts is theodoret 430. yeares after christ , who perchance then added them to paules epistles ; but in his postscripts this clause ( ordained the the first bishop of the ephesians , with that of titus , ordained the first bishop of the church of the cretians ) cannot be found . secondly , admit this postscript true , and authenticall , that timothy was bishop of ephesus when this second epistle was written , being but a e little before paules death , yet this is no good proofe . that hee was bishop of ephesus , when the first epistle was penned , being some 10. or 12. yeares before , as most conjecture ; for if it be a good argument ; that timothy was bishop of ephesus , when the second epistle was written to him , because the postscript of it onely stiles him so : it is as good or a better argument for me to say ; that timothy was no bishop of ephesus , when the first epistle was directd to him , because neither the body nor postscript of that epistle ; nor any other scripture whatsoever , stiles him , either a bishop , or bishop of ephesus , though hee * was resident at ephesus , when the first epistle was written to him ; ‡ but not when the second was sent him ; and so should much more have beene stiled a bishop , in the first epistle and postscript , then in the second . now all the prelates and papists arguments , by which they would proove timothy a bishop , are drawen from his first epistle , not his second , the postscript therefore of his second epistle is no argument to proove , that he was a bishop when the first epistle was written : for why then should not the postscript of the first epistle stile him a bishop as wel as the second ? yea , rather then the second ? since the first hath much matter in it , both concerning the offices and qualities of a bishop , the second very little , or nothing , save onely of f diligent and constant preaching in season and out of season ; which belongs indifferently to all bishops and ministers , and is so farre from being proper and peculiar to bishops in these dayes , that it is hardly common to or with any of them ; rare to most of them , and altogether improper to some of them , who g like the dunsticall bishop of dunkleden , thinke it no part of their episcopall office , and that they were never so much as ordained to preach , but rather to sit mute and domineere like lords , and that preaching belongs onely to curats , and inferior ministers , not to lordly prelates , who seldome climbe now into a pulpit above once a yeare , whereas chrysostome , augustine , ambrose , cyrill , hooper and other bishops anciently preached once at least every day . obj. 2. the second allegation is this ; that paul describes to timothy the office , qualities , carriage , and duties of a bishop , instructing him how to demeane himselfe in that office , 1. tim. 3 , 4. and 5. therefore hee was a bisshop . answ . 1. to this i answer : first , that paul by a bishop in this epistle meanes no diocaesan bishop in dignity and degree above a preshyter , but onely such a bishop as was equall , the same , and no wayes different from an elder ; as all the h fathers and most moderne expositors on this and other texts accord . such a bishop i acknowledge timothy to be , and so this instruction to him implyes ; but that hee was a diocaesan bishop , superior in dignity to a presbyter , this text and argument cannot evince . secondly , admit it meant of a diocaesan bishop , yet it followes not thence , that timothy was such a one : this epistle being written rather to instruct others then timothy , who was so well tutered before , both by his grand mother , lois and paul , 1. tim. 6. 12. 20. c. 4. 6. 14. 16. 2. tim. 1. 5. 6. 13. 14. c. 2. 2. c. 3. 10. 14. 15. rather , for a patterne of the qualification and duety of ministers ; to direct the church in all future ages , then to informe timothy at that time : whence in both these epistles there are some predictions of the apostacy and degeneracy of the last times ; more necessary for i others then timothy to know , 1. tim. 5. 24. 25. c. 6. 15. c. 4. 1. to 7. 2. tim. 3. 1. to 10. thirdly , there is in the same chapter instructions given , concerning deacons , widdowes , and others ; yet timothy was neither deacon nor widdow ; which being necessary for the church of god , and for timothy also to know , as hee was an euangelist , a fellow-helper and assistant of paul in his ministeriall and apostolicall function , and as his delegate to order and regulate the church accordingly , argue him to be no more a bishop , as is surmised ; then that every minister and christian for k whose instruction and direction this epistle was written as well as for timothies are bishops ; or then any archbishops , or bishops instructions to their archdeacons , vicars generalls , chauncellers or officials for ecclesiasticall affaires , or visitations , argue them to be archbishops or bishops . fourthly , we read of divers bookes , concerning the office and regiment of kings , of magistrates , and captaines dedicated to young princes , and others who were neither kings , magistrates , nor captaines ; of diverse tractates concerning bishops , inscribed to such who were no bishops ; yet the dedicating of such treatises to them , did neither constitute or necessarily imply them to be kings , magistrates , captaines , bishops . why then should this epistle to timothy , wherein are some things concerning the office , qualities , and duties of a bishop , proove him convincingly to be such a one . obj. 3. the third evidence to proove timothy a bishop , is taken from the 1. tim. 5. 22. where hee is enjoyned , to lay hands suddenly on no man ; that is , to ordaine no man suddenly , a minister . therefore certainly , hee was a bishop , because none but bishops have power to ordaine ministers . answ . 1. i answer first , that the laying on of hands hath divers significations in scripture . sometimes , it is taken for an apprehension of another , as a mal factor to punish , or bring him to judgement for his offences , exod. 24. 11. esther 8. 7. gen. 37. 22. exod. 6. 13. nehem. 13. 1. luke . 21. 22. in which sence it may be well taken here , as the proceeding verses evidence . sometimes it is used for reconciliation of persons at variance , iob. 9. 33. sometimes for benediction or blessing of another , matth. 9. 15. sometimes for curing and healing , mark. 5. 23. math. 19. 18. mark. 6. 5. luke . 4. 40. sometimes for confirmation , as many affirme , acts , 8. 17. 18. 19. sometimes for ordination , as acts. 6 , 6 cap. 8 , 17. 11. cap. 13. 3. 1. timoth. 4. 14. 2. timoth. 1. 6. acts. 19. 6. in which of these sences it is here meant is ‡ not certainely resolved , and so no inference can be infallibly raised thence . secondly , admit it is meant of ordination ▪ as most conceive it ; yet that prooves not timothy to be a bishop , since not onely apostles , euangelists , and the apostles fellow-helpers had power of ordination , as they were such , act. 1 , 22 , 25 , 26. c. 6 , 6 , c. 8 , 17 , 18 , c. 13 , 1 , 2 , 3. c. 14 ▪ 23 , c. 19 , 6. tit. 1 , 5. 2 , tim. 1. 6. but even presbyters themselves : acts. 9 , 17. c. 13 , 1 , 2 , 3. c. 14 , 23 ▪ 1. tim. 4 , 14. and timothy might exercise this power in all or either of these respects , not as a bishop ; which for ought appeares hee never was ; neither read wee in scripture that ordination belongs of right to bishops , as bishops ; muchlesse , that it is appropriated unto them . obj. 4. the fourth objection to proove timothy a bishop ▪ is this ; that hee is commaunded to rebuke such as sinned openly before all men , that others might feare , 1 , tim. 5 , 20. therefore hee was a bishop . answ . 1. i answere , that the argument is an inconsequent . first , because hee might doe this as an euangelist , or as paules associate or substitute , by vertue of his apostolicall authority , not of his owne episcopall iurisdiction , as bishops officials , chauncellors and vicars generall , rebuke , correct and visit others , not in their owne names , or by their owne authorities , but their lords . secondly , hee might doe this as a minister , every minister having power sufficient in the publike ministery of the word , openly to rebuke all sinnes and sinners , isay . 5 , 8. 1 , 2. tim. 4 , 2 , 3. tit. 1 , 13 , c. 2 , 15. marke . 6 , 18 , 19 , 20. 2 , sam. 12 , 7. thirdly , hee might doe this as a private christian ; every christian being enjoyned in any case to rebuke his neighbour , and not to suffer sinne upon him : levit. 19. 17. prov. 9 , 8. eccles . 9 , 5. and so is every magistrate to doe , nehem. 13. 11. to 31. psal . 141. 5. this therefore is no argument of any episcopall jurisdiction ; the rather , because this rebuke was to be publikely in the church before all , not in a private chamber or consistory court , ( as all expositors accord ) in which our bishops pronounce their censures . obj. 5. the fift argument to proove timothy a bishop , is the 1 tim. 5 , 19. against an elder receive not an accusation , but before two or three witnesses . hee had power to receive an accusation against ministers , that so hee might correct them ; therefore hee was a bishop . answ . 1. i answer first , that this is a meere non sequitur . for 1. hee might have this power , to receive such accusations as an euangelist , and paules coadjutor . secondly , as paules delegate or officiall ; as our bishops officialls , vicars and chauncellors now exercise episcopall iurisdiction under them ; as their substitutes onely , not by any inherent episcopall dignity or authority in themselves . thirdly , hee might doe it by the appointement and mutuall consent of the people , who had power in all cases of difference , to constitute any man a iudge , though no bishop , 1. cor. 6 , 1 , to 7. fourthly , hee might doe it onely as an elder ; elders having power to rule well , 1. tim. 5. 17. and so by consequence , to receive accusations , and to correct delinquents by reproofes or ecclesiasticall censures , with the consequent of the congregation , 1 , cor. 5 , 4 , 5. 11 , 12 , c. 6 , 1 , to 7. gal. 6 , 1. 2. thessal . 3. 14 , 15. fifthly , i had almost added , that hee might have done it as an ecclesiasticall commissioner , but that i considered ▪ that hee was , not so much as to receive an accusation , against an elder but under two or three witnesses at least , first examined ; and our ecclesiasticall commissioners and bishops are so farre from this divine apostolicall precept , by which they would proove timothy , and themselves to be bishops iure divino , that they will pursevante , silence , suspend , imprison ministers and elders and put them to selfe accusing one ex officio ▪ oathes and upon every jealosie , suspition , and private accusation of any drunkard , rascall or without two or three witnesses or accusers , first examined against them , and brought face to face . a direct proofe , that neither they nor their proceedings are iure divino . answ . 2. secondly , i answer , that by elder in this text , ( as many conceive ) is not meant a presbyter , or minister , but an ancient man , as it is taken in the first verse of the chapter : so as it prooves not , that timothy had any ecclesiasticall jurisdiction over the elders that were ministers of ephesus , who ruled that church , v. 17. and ●w 〈…〉 bishops of it , acts. 20 ▪ 28. where paul enjoynes them , to take heed to themselves ; as having no superintendent paramount them ; not giving timothy any charge to take heed to them . thirdly , admit these elders were ministers , yet timothy had no judiciary p●wer over them , to suspend or correct them : since v. 〈◊〉 . hee is expresly enjoyned , not to rebuke an elder , but intreat him as a father : which is farre from giving him any such episcopall iurisdiction over them as our bishops now exercise and usurpe ; using godly ministers and ra●ing them , rather like dogs and scullions , then elders . fourthly , the words are not ; that hee should not excommunicate , suspend , convent or censure an elder , but that hee should not receive an accusation against him , but before two or three witnesses . now to condemne or censure , is one thing , to receive an accusation , another . the first not but a iudge or cheife officer can doe ; the second , every register , clerke , informer , or under officer ; yea , every private christian is capable to receive an accusation , and every ordinary minister too , against another superior to him in age , estate , or place , either privately to admonish him , that is accused , of his fault , or to reproove him for it ; or to counsell him how to repent and redresse it ; or to comfort him if hee be dejected with it , or to informe against him to the magistrate , or whole congregation , or to pray to god for his amendement . math. 18. 15. 16. 17. levit. 19. 7. gal. 6. 1. 2. thess . 3. 14. 15. 1. tim. 5. 20. 24. tit. 1. 10. to 14. 2. iohan. 10. 11. iud. 22. 23. which well expound this text . fifthly , the true meaninge of this text is this , that timothy and other christians of what quality soever , especially ministers , should not lightly receive or beleeve any ill report , cheifly of an elder or minister , without sufficient testimony of the truth thereof by two of three able witnesses ; as will plainely appeare by paralelling it with psal . 15. 3. numb . 35. 30. deut. 17. 6. c. 19. 15. hebr. 10. 28. and with math. 18. 15. 16. 17. where our saviour saith thus : moreover , if thy brother shall trespas against thee , goe and tell him his fault betweene him and thee alone : if hee shall heare thee , thou hast gained thy brother : but if hee will not heare thee , then take with thee two or three more , that in the mouth of two or three witnesses , every word may be established ; and if hee shall neglect to heare them , tell it to the church , and if hee neglect to heare the church , let him be unto thee as an beathen man and publican . a perfect commentary on this text of paul , and a direct censure of our bishops ex officio , oathes , and proceedings by the parties owne selfe-accusing oath , and answere without or before witnesses produced . 6. this text ( admitt it gives power to timothy to take accusations against an elder before two or three witnesses ; ) yet it excludes not the other elders of ephesus from having like power with him ; it gives him not any sole power to heare and determine complaints without the other elders assistance or consent , but together with them , math. 18 , 19. 1 , tim. 5 , 17. acts. 20 , 28. hence the fourth councell of carthage , can. 23. and after it gratian. caus . 15. quaest . 7. cap. nullus , decree , that a bishop should heare no mans cause without the presence of his clerkes ; and that the sentence of the bishop should be void , unlesse it were confirmed with the presence of the clergy : yea , gratian in that place prooves out of the councels of hispalis , agatha the first , carthage the second and fourth . gregory , ( whose words and canons hee recites at large ) that a minister , presbyter , or deacon cannot be punished , or deprived by the bishop alone , but by a synode or councell , and that the bishop cannot heare or determine the causes of cleargymen alone , without associating the elders , of the church , or other adjoyning bishops , with him ; for which cause † many ancient councels denied , that there should be two councels kept , in each province every yeare , to heare and determine all ecclesiasticall causes and controversies . this text therefore prooves nothing for timothies ecclesiasticall or episcopall jurisdiction , being written rather for the churches , and ministers future , then timothies present instruction , as n gersonius bucerus rightly observes . finally learned o doctor whitaker hath long since assoyled this objection in these words : that timothy is commaunded not rashly to admit an accusation against an elder , this prooves not that timothy had power or dominion over elders . for according to the apostles minde , to receive an accusation , is to bring a crime to the church , to bring the guilty person into iudgement , openly to reproove , which not onely superiors may doe , but also aequals and inferiors . in the roman republike knights did judge not onely the people , but also the senators , and patricij . and certainly it seemes not that timothy had such a consistory or court , as was afterwards appointed to bishops in the church . what this authority was , may be understood by that which followes ; those that sinne rebuke before all , which aequals also may doe . thus bishops heretofore , if any elder or bishop had an ill report , referred it to the ecclesiasticall senate or synod , and condemned him , if hee seemed worthy by a publike judgement , that is , they did either suspend , excommunicate or remoove him . the bishop condemned nocent elders and deacons , not with his owne authority alone , but with the judgement of the church and clergy . those who where thus condemned , might lawfully appeale to the metropolitan ; but hee could not presently alone determine , what seemed good to him , but permitted the synod to give sentence , and what the synod decreed was ratified . the same answer martyn bucer , de vi & usu . s. ministerij , doctor andrew willet synopsis papismi . cont. 5. gen. quest . 3. part . 3. in the appendix , and gersonius bucerus de gubernat . ecclesiae * pag. 300. to 398. ( where this objection is most fully cleared by councels , fathers , and other authors testimonies ) give unto this place : so that it makes no proofe at all , that timothy was a bishop . so as from all these premises i may safely conclude , that timothy was neither a bishop , nor bishop of ephesus , nor first , nor sole bishop of that see , as many overconfidently , and erroniously affirme . obj. 6. if any in the sixt place object , that ‡ diverse of the ancient fathers , as dionysius areopagita , hierome , ambrose , dorothew , theodoret , chrysostome , epiphanius , eusebius , gregorie the great , policrates , occumenius , primasius , isidor hispalensis , beda , anselme , rabanus ▪ maurus , with many moderne writers affirme timothy to be bishop and first bishop of the ephesians , therefore hee was so . answ . 1. i answer first , that as some of these fathers are spurious , and not to be credited , so many of their testimonies are ambiguous , if not contradictory . p eusebius writes , that timothy is reported to be the first bishop of ephesus , and titus of the churches of creta : which is rather a deniall then an affirmation that hee was bishop there in truth . * theodoret , and beda affirme him , to be bishop of all asia , not of ephesus onely , and so an archbishop rather then a bishop . their testimonies therefore being so discrepant and dubious , are of no validity . secondly , ‡ many of the fathers affirme peter to have beene bishop of rome , and to have continued bishop there for divers yeares , yet q marsilius patavinus , r carolus molinaeus , with sundry s other late protestant writers , both forraigne and domestique , affirme , and substantially proove by scripture and reasons ; that peter was never at rome , nor yet bishop thereof . as therefore their bare authorities are no sufficient argument , to proove peter bishop of rome , so neither are they sufficient to evince timothy bishop of ephesus . thirdly , these fathers affirme not timothy to be sole bishop of ephesus , or to be diocaesan bishop , or such a bishop as is superior to a presbyter in jurisdiction or degree ; the thing which ought to be prooved ; and if they affirmed any such thing , yet seeing the fore-alleadged scriptures contradict it in a most apparant maner , they are not to be credited against the scriptures testimony . fourthly , the fathers terme him bishop of ephesus ; not because hee was any sole diocaesan domineering bishopthere , as the objections pretend ; but because hee was left by paul to teach and instruct them for a space , till hee returned from macedonia , and to order that church together with the other bishops and elders thereof ; and being one of the eminentest pastors of that church , next after paul , who planted it , the fathers terme him , the bishop of ephesus , in that sence onely as they stiled peter , bishop of rome and antioch , iames bishop of ierusalem , marke bishop of alexandria , and the like ; ( * not that they were bishops properly so called , or such as ours are now , but onely in a large and generall appellation , because they first preached the gospell to such churches ) to no other purpose , but to proove a perpetuall succession of presbyters , and doctrine in those particular churches , from the apostles time till theirs , naming the eminentest minister , for parts and gifts in each church , the bishop of that church ; all which appeares , by t irenaeus , u tertullian , and x others ; who call them bishops onely for this purpose , to derive a succession of ministers , and doctrine from the apostles . hee that would receive a larger answer to this objection , let him read gersonius bucerus , de gubernatione ecclesiae , p. 518. to 524. 436. to 441. 498. usque 500. 538. 539. which will give him ample satisfaction . obj. 7. if any finally object , that paul desired timothy to abide still at ephesus when hee went into macedonia : 1 , tim. 1. 3. and that the greeke verbe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies a constant residence , or abiding in one place . therefore timothy was bishop of ephesus : which if it be a solid argument , prooves many of our court nonresident prelates and ministers , to be no bishops ( because they reside and abide , not muchlesse preach and keepe hospitality on their bishoprickes , ) rather then timothy to be diocaesan bishop of ephesus . answ . 1. to this i answer , first , that the argument is a grosse inconsequent . for timothy might abide thus at ephesus as an euangelist , as an elder , as paules assistant , or substitute onely ; as an ordinary minister , not as a bishop ; his abiding therefore at ephesus is insufficient to constitute him a diocaesan bishop of that sec. secondly , paul and titus ordained elders in every church to abide and continue , with their flockes : acts. 14 , 23. tit. 1 , 5 , 7. yet the opposites deny these elders to be diocaesan bishops . thirdly , every ordinary minister is to reside and abide upon his cure , rom. 12 , 7 , 8. 1 , cor. 7 , 20. ier. 23 , 1 , 5. if this argument therefore where solid , every minister should be a diocaesan bishop . fourthly , paul left * aquila and priscilla at ephesus to abide there ; will it therefore follow , that they where diocaesan bishops of the ephesians ? if not , then the argument is invalid . answ . 2. secondly , i answer , that timothy was to abide at ephesus onely for a season , till paules returne out of macedonia and no longer , 1 , tim. 3. 14 , 15 , c. 4 , 13 , 14. after which hee went with paul from macedonia into asia to troas , acts. 20. 4 , 5. and from thence to italy , philippi , and rome , heb. 13 , 23. phil. 1 , 1 , c. 2. 19. col. 1 , 1. 2 , tim. 4. 9 , 13. hee being never resident at ephesus , ( for ought appeares in scripture or authentique story , ) after paules returne out of macedonia . his abode therefore at ephesus being but for so short a time , and hee so great a nonresident from it afterward , cannot possibly argue him to be a diocaesan bishop of that church . answ . 3. thirdly , greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to abide , is oft applyed in scripture to a short abode , for a day or two , or some little space , as well as to a perpetuall fixed residence ; as math. 15 , 32. marke 8. 2. so it is in the objected text ; where it is put only in opposition to paules journey into macedonia ; in respect whereof timothy continuing at ephesus till his returne , might be truely said , to abide there , though after his returne hee remooved thence to other churches ; as gersonius bucerus , de gubernatione ecclesiae . p , 502. to 518 , observes . answ . 4. fourthly , paul did not injoyne , but beseech timothy to abide at ephesus : therefore his residence there was but arbitrary at his owne pleasure , not coactive , not injoyned by vertue of any episcopall office ; this text therefore cannot proove timothy to be bishop of ephesus , no more then his stay at corinth , and other places whether paul sent him , proove him to be bishop of those churches . answ . 5. finally , admit timothy to be both the first and sole bishop of ephesus , which is false ; yet this makes nothing for , but against our hierarchicall and diocaesan bishops : for ephesus was but one city , one parish , one church , one flocke and congregation ; as is evident by acts. 20. 17 , 28 , 29 , c. 18 , 24 , 25 , 26 , c. 19 , 1. to 18 , ephes . 1 , 1 , c. 4 , 4 , 16 , c. 6 , 21 , 22 , 23. 1 , tim. 1 , 3 , c. 5 , 17 to 23. rev. 1 , 20 , c. 2. 1. so that the argument from this example is but this ; timothy was onely bishop of one city , parish , church , flock and congregation , not of many : therefore all bishops ought to be so too , as well as hee . obj. if any object , that the city of ephesus was a dioces ; for it had many elders , therefore many parishes , and severall congregations ? acts. 20 , 17 , 28. 1 , tim. 5. 17. answ . 1. i answer , that the argument followes not ; for first , in the apostles times , and in the primitive church , every particular church and congregation had * many elders , ministers , and dea●ons in it , who did joyntly teach , and instruct it , and likewise governe and order it by their common counsell and consent ; as is evident by acts 1. 14. to 26. c. 2. 1. to 47. c. 3. 1. c. 4. 3. 8. 9. 20. 21. 23 , 31. to 37. c. 5. 18. to 33. 42. c. 6. 1. to 9. c. 11. 29. 30. c. 14. 23. c. 15. 2. to 23. 25 , 32. c. 20. 17. to 30. c. 21. 18. phil. 1. 1. 1. tim. 5. 4. to 14. c. 5. 17 , tit. 1. 5. 7. jam. 5. 14. 1. cor. 14. 23. to 33. ignatius epist . 5. 6 , 8. 9. 10. 11. 13. 14. policarpus epist. ad philippenses , irenaeus contra haeres . l. 3. c. 2. l. 4. c. 43 , 44. tertull. adversus gentes , apolog. c. 39. hieronymus , sedulius , chrysostomus , primasius , remigius , haymo , kabanus maurus , oecumenius , theophylact , anselmus , petrus lombardus , and sundry others , in their commentaries , and expositions upon philip. 1. 1. 1. tit. 5. acts. 15. and 20. 17. 28. the fourth councell of carthage , can. 22. 23. 24. 25. the councell of a 〈…〉 en , under ludovicus pius , can. 8. 10. 11. the 12. councell of toledo , can. 4. and all writers generally accord . secondly , wee at this day , have many prebends , canons , and ministers in every cathedrall and collegiate church , yea in every colledge in our vniversities , and elsewhere ; yet but one church and congregation . thirdly , we have in many other churches in the country where the parishes are large , and there are divers chappels of ease , many curates and ministers ; yet but one church , one parish ; not a dioces ; neither is the cheife minister either a bishop or diocaesan , though hee have diverse curates and ministers under him , to assist him in his ministery : yea in many places where there is but one church , no such chappels of ease , and the parish great , we have severall ministers , lecturers , and curates , in some 4 , or 5 , in most 2 , or 3 , yet no dioces , no bishopricke . neither is this a novelty , but an ancient constitution , not onely instituded by the apostles , and continued ever since , but likewise enjoyned by the * councell of oxford under stephan langhton archbishop of canterbury in the yeare of our lord , 12 22. which decreed ; that in all parish churches , where the parish is great , there should be 2 , or 3 , presbyters at the least , according to the greatnes of the parish , and the value of the benefice ; least that one onely minister being sicke , or otherwise debilitated , ecclesiasticall benefits ( which god forbid ) should be either withdrawne , or denied to the parishioners that were sicke , or willing to be present at divine offices . the multitude or plurality therfore of the elders in the church of ephesus , is no argument at all to proove , that is was a dioces ; or that timothy was a diocaesan bishop , because hee had ministers and curates under him ; for then our deacons , archdeacons , and pluralists , who have many livings , chappels , ( and so many curates and ministers ) under them , should be diocaesan bishops too by this reason . secondly , i answer , that admit there were divers churches and congregations in ephesus , which is very improbable , the greatest part of the citizens being idolaters , and the citty itselfe a worshipper of the great goddesse diana , and of the image which fell downe from jupiter , acts. 19 21. to 41. yet it can not be prooved , that timothy was cheife bishop and superintendent over all these churches , but onely of one of them : as every minister and bishop of england is a minister and bishop of the church of england , but not a minister and bishop in and over all the curches of england , but in and over his owne parish church , and dioces onely . for paul himselfe ( who planted that church , and * resided in it for three yeares space , during which time it is like there was no diocaesan bishop of it but himselfe ) expresly cals the elders of the church of ephesus , bishops and overseers of that church , and that by the holy ghostes owne institution ; and thereupon exhorts them , to take heed to all the flocke ; and to feed and rule that church of god , which hee had purchased with his owne blood , acts. 20. 28. 1. tim. 5. 17. since therefore every one of these elders by the holy ghostes institution , and paules resolution was no other , but a bishop over his owne flocke , ( if severall , ) both to instruct and rule it ; it is certaine , that timothy ( if hee were a bishop of ephesus and there were many churches there , ) was onely bishop of one of them , not of all ; and so no diocaesan bishop , as our prelates and their flatterers vainely pretend . timothy therefore being neither a bishop , nor first , sole , or any bishop of ephesus , or of any other place , or if a bishop , no diocaesan bishop , but of one church and congregation onely , as these premises evidence , all our prelates inferences drawne from his example to proove their episcopall authority and jurisdiction iure divino , ( which for the most part hang upon his episcopall rochet onely ) fall quite to ground , and their episcopall authority together with it . i now proceed to the next question ( wherein i shall likewise discusse , whether the power of ordination belongs onely to bishops , not to presbyters ? and whether this paradoxe of the prelates be true , that ordainers are greater in iurisdiction and degree then those that are ordained ? ) to wit ; whether titus were ever bishop , or archbishop of crete ? what ever the common bruite and error of these or former times conceive , under correction , i perswade my selfe , that titus was no bishop nor archbishop of crete : and that for these ensuing reasons . first , because the scripture never stiles him a bishop ; nor s. paul , who often stiles him , his partner and fellow-helper concerning the corinthians , ( not cretians ; ) the messenger of the churches , ( not bishop ) and the glory of christ , 2 , cor. 8 , 23 , 6 , 16. his sonne , titus 1 , 6 , his brother , 2. cor. 7. 6 , 13 , 14. never bishop , as some would make him . secondly , because his cheifest imployment was to the church of corinth , after that hee had been left by paul in creet , as paules partner and fellow-helper in that church , 2. cor. 2. 13. c. 7. 6. 13. c. 8. 6. 16. 23. c. 12 , 18. thirdly , because hee was paules companion , attendant , partner , fellow-helper , messenger , fixed to no setled place of residence , as bishops were , 2. cor. 2. 13. c. 7. 6. 13. c. 8. 6. 16. 23. c. 12. 18. gal. 2 , 1. 3. 2. tim. 4. 10. sent by him from rome , long after his being in crete , into dalmatia , 2. tim. 4. 10. fourthly , because paul writes expresly to him , tit. 1. 5. not that hee ordained him archbishop or bishop of crete , but that hee left him in creet ( for a season ) for this cause , that hee should sett in order , the things that were wanting , and ordaine elders , in every citty , as hee had appointed him : therefore was hee there onely as paules vicar generall , commissary or substitute , to order those things , in such sort , as hee had appointed him , which paul could not dispatch , whiles hee was residing , not as the archbishop or lord bishop of creet , to order all things there , by his owne episcopall jurisdiction and authority as hee listed himselfe . fifthly , hee expresly charged him , to come to him diligently , to nicopolis when hee should sent arthemas or tychicus to him , for there hee intended to winter , tit. 3. 12. by which it is evident , that his stay in creet by paules appointement , was very short , not above halfe a yeare , if so much ; after which wee never read hee returned thither , though we finde , hee was sent to corinth , and dalmatia , that hee went up to hierusalem with paul , and came to him during his imprisonment at rome , gal. 2. 1. 3. 2. cor. 2. 13. c. 7. 13. 14. c. 8. 6 , 16. 23. c. 12. 8. 2. tim. 4. 10. his short abode therefore in creet , without returning thither , prooves him to be no bishop . sixtly , paul chargeth him , to bring zenas the lawyer and and apollos diligently on their way , that nothing might be wanting to them , tit. 3. 13. now it is very unlikely , that an arch-bishop or bishop of creete , wherein were * 90. walled cities , would stoope so low , as to waite thus upon lawyer , as zenas , or a disciple , as apollos was , unlesse hee were far more humble then any archbishops or prelates in these our times ; who are commonly so insolently proud , as to disdaine all familiar conversations with lawyers , or ministers . seaventhly , paul left titus bishop of no one citty in creete , and hee expresly enjoynes him , to ordaine ( not one but many ) elders ( in the plurall number ) in every citty of creete , tit. 1. 5. 7. where there were no lesse then 90. walled citties in homerus time ; which elders were no other but bishops , and so tearmed by him v. 7. ( for a bishop must be blamelesse , &c. ) as hierom. chrysostome , ambrose , theodoret , sedulius , primasius , remigius , beda , raubanus maurus , bruno , theophilact , oecumenius , anselme , lyra , hugo cardinalis , aquinas , with other moderne commentators on this text accord . if then paul gives expresse directions to titus , to ordaine many elders and bishops in every citty of creete , constituting him a bishop in none of them , that we read of , ( an apparant argument , that hee was no bishop there , because hee had there no bishops see at all , and was no sole bishop of any one citty : ) it is not probable that hee constituted him sole archbishop or bishop of all creet , ( which had ‡ anciently no lesse then 4. archbishops and 21. bishops in it , ) it being the apostles practise to place many bishops and elders in one church , but never one bishop or archbishop over many churches , phil. 1. 1. acts. 20. 28. hence * athanasius , chrysostome , oecumenius and theophilact on titus 1. 5. 7. write thus : here hee will have bishops to be understood for presbyters or ministers , as we have elsewhere often said , neither verily would hee have the charge of the whole iland to be permitted , or granted to one man , but that every one should have his owne proper cure & charge , allotted him : for hee knew that the labour & paines would be the lighter and that the people would be governed with greater diligence , if that the doctor or teacher should not be distracted with the government of many churches , but should onely give himselfe to the government of one , and study to compose and adorne it with his maners . so also peter lombard , * alphonsus de castro , * doctor barnes , and others on , and from this text , determine . eightly , all generally ‡ accord , that archbishops , yea metropolitanes bishops themselves are not of divine or apo stolicall , but papall and humane constitution ; witnesse pope nicolas apud gratianum distinct . 22. c. 1. omnes sive patriarchae cujuslibet apicem , sive metropolis primatus , aut episcopatuum cathedras , vel ecclesiarum sive cujuscunque ordinis dignitatem * institvit romana ecclesia . which pope anacletus in his 3. epist. c. 3. doth likewise averre , and pope lucinus and clement , in gratian , distinct . 80. affirme as much ; informing us , that archbishops and primates are the successors , of the hathenish arch-flamens , and to be placed onely in those citties where the arch-flamens had their sees : with which peter lombard accords , lib. 4. distinct. 24. hence our a historians record of king lucius , the first christian prince of this our realme , that hee instituted 3. archbishoprickes , and 25. bishop-rickes and bishops , in stead of the 3. arch-flamens , and 25. flamens , changing their sees into bishoprickes , and archbishop-rickes ; by which it is evident , that archbishops , patriarkes , and metropolitans ( instituted onely at first by ‡ severall councells and princes ) are no divine or apostolicall , but onely a humane institution ; this all the archbishops , bishops and clergy of england in their institution of a christian man , dedicated to king henry the 8. fol. 59. 60. resolve in these tearmes . it is ovt of all dovbt , that there is no mention made neither in scripture , neither in the writings of any authenticall doctor or auctor of the church being within the time of the apostles , that christ did ever make or institute any distinction or difference to be in the preeminence of power , order or jurisdiction betweene the apostles themselves , or between the bishops themselves , but that they were all eqvall in power , avthority and ivrisdiction ; and that there is now and since the time of the apostles any such diversity or difference among the bishops , it was devised by the ancient fathers , of the primitive church , for the conservation of good order , and unity of the catholike church ; and that , either by the consent and authority , or else at least by the permission and svffrance of the princes and civill powers for the time ruling . for the sayd fathers , considering the great and infinite multitude of christian men so largely increased through the world , and taking examples of the old testament , thought it expedient to make an order of degrees , to be among bishops , and spirituall governours of the church , and so ordained some to be patriarkes , some to be metropolitans , some to be archbishops , some to be bishops ; and to them did limit severally ( not onely ) their certaine diocesse and provinces , wherein they should exercise their power and not exceed the same , but also certaine bounds and limits of their jurisdiction and power ; &c. the same is averred by learned bishop hooper , in his exposition upon the 23. psalme fol. 40. who sayth , that archbishops were first ordained in constantines time , yea , * archbishop whitgift himselfe confesseth as much , that archbishops are neither of divine , or apostolicall , but humane institution , since the apostles times . and * patricke adamson archbishop of s. andrewes in scotland , in his publike recantation , in the synode of fiffe in scotland anno 1591. professed sincerely , ( ex animo ) that bishops and ministers by gods word were all equall and the very same ; that the hierarchy and superiority of bishops over other ministers , nvllo nititvr verbi dei fvndamento , had no foundation at all in the word of god ; but was a meere humane institution long after the apostles times , from whence the antichristian papacis of the bishop of rome hath both its rise and progresse ; and that for 500. yeares last past , it hath beene the cheifest instrument of persecuting and suppressing the truth and saints of god in all countries and kingdomes , as all histories manifest . thus this archbishop in his palinody , disclaiming not onely archbishops but ever diocaesan bishops to be of divine , but onely of humane institution long after the apostles , giving over his archbishopricke thereupon , and living a poore dejected life . this being then granted on all hands , it is cleare , that titus could not be bishop of all creete ; for then hee should be an archbishop , having divers bishops under him , those elders which hee placed in every citty of creete being no other but bishops , tit. 1. 7. as all acknowledge , and arch-bishops were not instituted till after the apostles and titus dayes ; for these reasons i conceive , that titus was not bishop of creete , having no episcopall or archiepiscopall see there appointed to him ; which learned d gersonius bucerus hath at large manifested , to such who will take paines to peruse him . obj. 1. if any object 1. that the postscript of the epistle to titus , stiles him , titus ordained the first bishop of the church of the cretians : ergo hee was bishop or archbishop of creete . answ . 1. i answer 1. that as this and all other postscripts , are * no part of the scripture , or epistles , as † mr. perkins workes proove at large , but an addition of some private person since , as is evident by the words themselves in the preterimperfect tense and third person . it was written to titvs , &c. therefore no convincing authority : so this clause ( ordained the first bishop of the church of the cretians ) is no part of the postscript , but a late appendix to it , not found in any of the coppies of this epistle which the fathers follow , in their commentaries , in few or no ancient greeke , latine or english coppies and translations of this epistle , in few or no testaments or late commentators : and had titus been bishop of creete , it is like paul would have given him this title in the epistle , ( where hee stiles him , titus his owne sonne after the common faith . c. 1. v. 4. ) as well as in the postscript ; ( which in truth is none of his , but some others , perchance oecumenius his addition , the first that mentions it , 1050. yeares after christi ) since hee speakes of bishops by name in that epistle , tit. 1. 7. but of this , see more in the answere to the postscript of timothy . secondly , i answer , that this postscript is directly false ; for it saith , that this epistle was written from nicopolls of macedonia . now it is cleare by the 12. verse of the third chapter of this very epistle , that paul was not at nicopolis when hee writ it , but at some other place ; for hee writes thus to titus , when i shall send artemas unto thee or tychicus , be diligent ●ocome unto me to nicopolis , for there ( not here ) i have intended to winter . now had paul then been at nicopolis , hee would have written thus , for here ( not there ) i have intended to winter ; there being ever spoken of a place from which we are absent , here only of a place present . the postscrip● therfore being false as * mr. perkins workes hence conclude , can be no part of canonicall scripture , nor epistle , none of paules penning , but a meere ignorant appendix of some scribe or comentator of after times , and so no solid proofe to manifest titus bishop or archbishop of creete , not at nicopolis when this epistle was written . obj. 2. if they secondly object ; that paul left titus in creete to set in order the things that were wanting , tit. 1. 5. ergo hee was a bishop . answ . 2. i answere , that this is a meere inconsequent ; and i may argue in the like nature ; our archbishops and bishops ( especially those who turne courtiers , counsellers of state , and nonresidents , ) leave ‡ their archdeacons , chauncellers , commissaries , vicars generall , and officialls , to visit , order , correct their dioces , and to set in order those ceremonies , altars , images , and church ornaments , which were well wanting ( now too much abounding ) in them ; ergo archdeacons , chauncellers , vicars generall , and officials , are archbishops and bishops of those dioces : the king sends his indges , commissioners and under officers to some counties or citties , to sett causes , counties , people , armes , forts , citties in good order , and to see defects in these supplied . ergo iudges , commissioners and officers are kings : churchwardens ought by the canons of 1571. and 1603. to sett in order , and provide such bookes , ornaments , and necessaries as are wanting in parish churches , and see them well repaired : ergo churchwardens are bishops : for titus was here left , to sett in order the things that were wanting , as pavl had appointed him ; and no other wise , tit. 1. 5. 6. 7. 8. 9. hee did all by his direction and authority , not his owne . there is nothing therefore in this , of ordering things that were wanting in the church of creete , which savours of episcopall iurisdiction . and i may better argue hence , titus did nothing at all in creet but by paules speciall appointment and cōmission ; ergo hee was no bishop ; or if a bishop : ergo bishops should order nothing in their bishoprikes , nor keepe any visitations , but by speciall direction & commission from the apostles , * king , or state , authorizing them ; then the objectors conclude ; ergo , hee was a bishop ; and bishops , archbishops , ( yea archdeacons too without any speciall commission from the apostles , king and state ) may make and institute what orders , constitutions , articles , and ceremonies they please , as now they doe in their illegall courts and visitations , kept in their owne names , without any patent from the king obj. 3. if any object in the third place , that titus was lest to ordaine elders in every citty in creete ; tit. 1. 5. ergo , hee was a bishop : because none have power to ordaine elders , but bishops ; since none ordained elders in creete but titus , who was a bishop . answ . 3. i answer first , that this is as bad a consequence as the former , and a meere circular argumentation : for first they will needs proove , titus a bishop , because hee ordained elders ; and none but bishops can ordaine elders ; and then next they proove , that none but bishops can ordaine ; because titus foresooth was a bishop , and hee onely did ordaine elders in creete . a meere circle , and petitio principij : yet this is the logicke of our great rabbi prelates . secondly , i answer , that this proposition whereon they ground themselves and their prelacy , that none have any right ture divino to ordaine elders or ministers , but bishops ; and that quatenus bishops too , ( which they must adde , or else their argument is unsound , ) is a notorious falsehood , and meere sandy foundation ; for first , not to remember how moses a civill magistrate , consecrated aaron and his sonnes by gods owne appointement , levit. 8. 5. to 32. exod. 29. 9. 35. first , the apostles themselves were ordained apostles and consecrated ministers by christ himselfe , matth. 28. 19. 20. marke 16. 15. 16. iohn . 20. 22. 23. 24. acts. 1. 4. 5. rom. 1. 5. 2. cor. 3. 6. to whom the power of ordination principally appertaines , ephes . 4. 11. 12. 1. cor. 12. 28. acts. 20. 28. 1. pet. 1. 4. secondly , the apostles and euangelists ordained elders in every church , acts. 14. 23. c. 19. 1. 6. 7. c. 7. 6. yet they were properly no bishops as e all learned men acknowledge . thirdly , the disciples ( inferior to the apostles and euangelists as the objectors teach ) ordained ministers and elders too , though they were no such bishops as the objectors mean. acts. 14. 1. 2. 3. c. 9. 10. to 22. fourthly , ‡ presbyters and ordinary ministers ordainea elders and ministers , yea timothy himselfe was made a minister by the imposition of the handes of the presbytery , 1. tim. 4. 14. thus did they in the primitive church ; this doe they still in our owne church , as the booke of ordination it selfe confirmed by * two acts of parliament , the 35. canon , and experience witnesse ; this doe they in all the reformed churches now , which should have no lawfull ministers , and so no true church , if the power of ordination were jure divino appropriated onely to bishops , and not common with them unto other ministers . fiftly , patriarkes , metropolitanes , archbishops and chorall bishops ( neither of which are properly bishops in the objectors sence ) ordaine ministers : if then all these have ordained elders and ministers , though no bishops , by sufficient divine authority , ( as the objectors cannot deny of the 4. first , and dare not contradict it in the last , ) then it is most false ; that the power of ordination jure divino belongs onely to bishops , as bishops in the objectors sence ; for then none of those 5. being not properly such bishops , could lawfully have ordained ministers or presbyters , as they did and doe . thirdly , there is no one syllable in the scripture to proove , that the power of ordination belongs onely to bishops quatenus bishops ; neither is there any one example to warrant it . we read of apostles , euangelists , disciples , presbyters , that layd hands on others to ordaine them ministers ; but of bishops , ( i mean distinct from presbyters , ) we read not a word to this purpose , how then can this be true , that the power of ordination belongs onely to bishops quatenus bishops , jure divino ? fourthly , we read not a word to this purpose in scripture of any bishops distinct from , or superior , in order , degree and dignity to presbyters ; if therefore such bishops themselves be not jure divino , the power of ordination cannot belong to them jure divino , the rather because we read of no man whom the scripture cals a bishop ordaining ministers . admit there were such bishops jure divino ; yet that the power of ordination belongs to them jure divino quatenus such bishops , is most false , but onely quatenus they are ministers : for it appertained to the apostles , to the euangelists , to disciples and presbyters iure divino , though no such bishops ; and the objectors will acknowledge , that it belongs to popes , patriarkes , metropolitans and archbishops , though they neither were nor are properly such bishops , and are no divine , but meere humane institutions ; therefore it must appertaine unto them onely , as they are ministers , ( in which respect they all accord , and are not differenced one from another ; ) not quatenus bishops ; for then the apostles , euangelists , disciples , presbyters , popes , patriarkes , metropolitanes , and arch-bishops , being not properly such bishops , could not lawfully ordaine . the power therefore of ordination belonging to the apostles , euangelists , disciples , presbyters and others as well as to bishops , not to bishops onely , or to them as bishops , but as ministers , ( it being a g meere ministeriall act , inferior to preaching , administring the sacrament and baptizing , as all acknowledge ) it can be no good evidence to proove titus a bishop . now because this power of ordination which our prelates would monopolize unto themselves , is the maine pillar whereon they now suspend their episcopall jurisdiction over ther ministers , i shall produce some humane authorities , to proove the right , the power of ordination and imposition of hands to be by gods law common to presbyters as well as to bishops ; i shall beginne with councells . the 4. h councell of carthage , can. 3. about the yeare of our lord 418. prescribes this forme of ordination of ministers , when a minister is ordained , the bishop blessing him , and holding his hand upon his head , all the presbyters or ministers likewise that are present , shall lay their hands upon his head by the bishops hand . this canon is incorporated by gratian , into the body of the canon law , and hath been practised and put in ure in all ages since , till now ; the very glosse on * gratian , yea and k the rhemists too , assuring us , that when a preist is ordained , all the preists standing by , doe lay their hands upon him ; neither is there any other forme of ordaining ministers , prescribed in the canon law or councels , but this alone , which all churches have observed , and yet retaine . since therefore no bishop may or ought of himselfe alone to ordaine ministers , without the assent and concurrence of the clergy , people and others there present , as l gratian , m illyricus , and n gersome bucerus , proove at large ; and since all ministers present ought joyne with the bishop in the imposition of hands , in all ordinations of ministers , and haue ever usually done it in all ages and churches ; how this prerogative of ordination should be peculiar to bishops ( who may not doe it without ministers concurrrence , no more then ministers without theirs , ) i cannot yet conjecture . true it is , that the o councell of ancyra , about the yeare of our lord 308. can. 3. ordained ; that chorall bishops should not ordaine presbyters or deacons ; nor yet presbyters of the citty in another parish ; but when the bishop should permit them by his letters ; and the ‡ councell of antioch under pope iulius , canon . 10. decrees ; that chorall bishops should not ordaine ministers and deacons without the bishops privity . from whence i observe . first , that before these councells restrained the power of chorall bishops and presbyters , that they did and might lawfully ordaine ministers and deacons without the bishops privity or assent . secondly , that by his assent and licence both the one and the other , without the bishops presence , might lawfully ordaine ministers and deacons . these councels therefore plainly resolve , that there is an inhaerent right and power of ordination in presbyters and chorall bishops , as they are ministers , and that with the bishops consent , and license they may lawfully execute it , and conferre orders , therefore the right and power of ordination is not invested onely in bishops , as they are bishops , for then none else could ordaine but they alone . the forged constitutions of the apostles , fathered on pope * clement , prescribe ; that presbyters and deacons , may not ordaine other preists and deacons , but bishops onely . and the † councell of hispalis or spaw , about the yeare 6 , 7. canon . 5. 7. out of pope leo , epist. 86. decrees ; that presbyters and chorall bishops , which are all one , should not presume to ordaine preistes or deacons , or to consecrate altars or churches ; for in holy writ , by gods commaund , ‡ moses onely erected the altar in the tabernacle of the lord , hee onely annointed it , because hee was the high preist , of god , as it is written ; * moses and aaron among his preists . therefore , that which was commaunded onely to the cheife preists to doe , of whom moses and aaron were a type , presbyters who carry the figure of the sonnes of aaron , may not presume to enchroach upon . for although they have in most things a common dispensation of mysteries with bishops , yet they must know that some things are notwithstanding prohibited them by the authority of the old law , some things by new ecclesiasticall rvles ( or canons ) as the consecration of presbyters , deacons , and virgins ; as also the constitution , benediction , or unction of the altar . verily it is not lawfull for them to consecrate churches or altars , not to give the holy ghost the comforter by imposition of hands to the faithfull who are to be baptized , or to those , who are converted from heresie , nor to made chrisme , nor to signe the fore-head of those that are baptized with chrisme , ‡ nor yet publikely to reconcile any penitent person in the masse , nor to send formed epistles to any . all these things are unlawfull to presbyters or chorall bishops , because they have not pontificatus apicem , the highest degree of the high preist-hood , which by the avthority of the canons , is commaunded to be due onely to bishops , that by this the distinction of the degrees , and the hight of the dignity of the high preist , might be demonstrated . neither shall it be lawfull for the presbyters to enter into the baptistery before the bishops presence , not to baptize or signe an infant , the bishop being present , nor to reconcile penitents without the bishops commaund , nor to consecrate the sacrament of the body and blood of christ hee being present , nor in his presence to teach , or blesse , or salute the people , no nor yet to exhort them , all which things are knowne to be prohibited by the * see apostolicke . these two last authorities are the cheife that the papists , jesuites , and our prelates insist on , to proove , that the power of ordination belongs onely to bishops not to presbyters . but to remove these twoo obstacles : consider . first , that there is not a word in either of these two constitutions , that the power of ordination , belongs onely to bishops by divine right and institution ; or that presbyters by gods law have no power to ordaine ministers and deacons , the thing onely in question . secondly , that the councell expresly resolves , that the power and right of ordination is prohibited presbyters , and appropriated onely to bishops , not by any law of god , or ancient constitutions of the apostles , or those who immediately succeeded them , but onely by some ecclesiasticall canons and constitutions then newly made , and by the authority onely of the see of rome ; which cannot deprive ministers of that power of ordination , which the scripture and god himselfe hath given them . thirdly , that before these late canons , and constitutions , presbyters might lawfully ordaine ministers , and deacons . fourthly , that the cheife reason why the power of ordination was taken from ministers , and thus monopolized to bishops , ( even by their owne constitutions , wherein they have ever favoured themselves , ) was onely to advance the power , authority , dignity , ambition and pride of the pope and prelates , and to distinguish them in degree and order from ordinary ministers , which of right are , and otherwise would be their equalls , both in jurisdiction , power and degree . fiftly , that they bring not one syllable out of the new testament to proove that the power of ordination belongs onely to bishops , not to ministers which they would have certainly done , had there beene any text to warrant it ; but that all they alleadge is out of the old testament ; to wit , that moses onely consecrated the tabernacle and the altar ; ergo none but bishops must consecrate ministers , altars , churches . a learned argument ; ergo none but kings , and temporall magistrates , no not bishops themselves , may doe it , had beene a better consequent . for moses was no preist , muchlesse a bishop ; the high preist , ( which was x aarons office , not his , there being but y one high preist , at once and hee a z type of our high preist christ ) but a civill magigistrate ; yet god commaund him a to consecrate aaron with his sonnes , the tabernacle and altar ; and after him , b king salomon ( not the high preist ) consecrated the temple , altar , court , and all the furniture of the temple and altar : so that if these examples proove any thing , it is , but this : that the power of ordination , of consecrating bishops , ministers , churches , altars , &c. appertaines not to archbishops , bishops , popes , preistes , ministers , but to the cheife temporall magistrates . but admit that moses were a preist , and an high preist , and that the power of consecrating preistes , temples , altars appertained to him in that regard ; yet this is no argument to proove , that the right and power of ordination should belong to bishops onely ; and that for these three reasons . first , because the aaronicall preisthood was c utterly extinct and abolished by christ , as meerely typicall and ceremoniall ; and so al ●he appurtenances thereunto belonging . secondly , because the high preist was no emblem , type or resemblance of bishops , which are many , changeable , mortall , but * onely of christ our true high preist , who is but one , and remaines an high preist forever without succession or change . so that this allusion prooves the power of ordaining ministers to belong originally to none but d christ , our e high preist , cheife shepheard , and f bishop of our soules , as the g scripture expresly resolves ; and ministerially , secondarily , to h every minister of christ , as his embassador , instrument , and vicegerent . thirdly , because the office and power of the high preists and bishops are different , distinct , yea incompatible one with the other , and the maner of ordination , of ministers , and deacons under the law , different from that under the gospell , as the † scriptures , and * all authors joyntly witnes : the one of them therefore can be no solid , or convincing argument to make good the authority iurisdiction or practise of other . so that this councell and constitution , makes nothing at all against the divine right and title of presbyters to ordaine , or for the bishops sole monopoly of imposition of hands , by any divine charter from christ or the holy ghost . finally , neither of these councells or constitutions simply debarre ministers from the imposition of hands on others together with the bishop , which they k ever practised , and were authorized to doe , both by god himselfe , and the fourth councell of carthage , can. 3. but from laying on hands and ordaining ministers of themselves alone without the bishop , who cannot ordaine , or lay hands on any ministers by vertue of these constitutions without them . since therfore the bishop of himselfe alone cannot impose hands on any minister without their assistance or consent , nor they without the bishops , it is apparant , that the right of ordination is not wholly and originally vested in the bishop , by any divine or humane right ; but in both . the † councell of aquisgran or aken , under ludovicus pius an. 816. c. 8. out of isidor . hispalensis de ecclesiasticis officiis l. 2. c. 7. determines thus : the dispensation of the mysteries of god are committed to presbyters as they are to bishops , for they are over the church of christ , and are consorts with bishops in the confection of the body and blood of christ , and likewise also in the instruction of the people , and in the office of preaching ; and onely the ordination and consecration of clerkes is reserved to the high preist or bishop , because of his authority , lest the discipline of the church , challenged or exercised by many , should dissolve , concord and engender scandals ; for paul the apostle cals elders and preists by the name of bishops , tit. 1. 5. 7. acts. 20. 28. phil. 1. 1. 1. tim. 3. d. rabanus maurus de instit . clericorum , l. 1. c. 6. writes thus ; that presbyters allthough they be preistes , yet they have not attained the top or highest degree of preisthood , because they cannot signe the fore-head with chrisme , nor give the holy ghost ; neither can they ordaine clerkes in sacred orders , which is reserved to bishops for unity and concords sake . the epistle de 7. gradibus ecclesiae in the neinth tome of ieromes workes , avers in expresse tearmes ; that the ordination of clerkes and consecration of virgins was reserved onely to the high-preist or bishop for his greater honor . and tertullian de baptismo c. 17. writes , that the high preist , who is the bishop , hath the right of giving baptisme , after him presbyters and deacons , yet not without the bishops authority , for the honor of the church ; by all which it is evident , that bishops have not the sole executive power of ordination by any divine right or institution ( of which there is not one syllable , either in these or other councels or fathers ) but onely by canons and humane constitutions , made by bishops themselves , to advance their owne honor , power and dignity ; yet notwithstanding the right of ordination remaines still in ministers ; and belongs to bishops , onely as they are ministers by divine right , not as they are bishops ; as is evident by the m 9. chapter of the same councell of aken , taken out of isidor . de eccles . officiis l. 2. c. 6. where writing of bishops ordination by imposition of hands , and the originall thereof , they use this expression , ( which n h. rabanus maurus , likewise hath : ) but that bishops are ordained by imposition of handes , a praecessoribvs dei sacerdotibvs , by the preistes of god their predecessors , is an ancient constitution . for the holy * patriarke isaac laying his handes upon the head of iacob , blessed him , and ‡ iacob in like maner gave a benediction to his sonnes : &c. where the councell and fathers both affirme ; that even bishops themselves are ordained by priestes or presbyters ( not bishops ) their predecessors , therefore the right and power of ordaining ministers ( and bishops too ) belongs to presbyters as well as bishops , and to bishops , onely as presbyters , not bishops ; and so can no wayes advance them in iurisdiction , order or degree above ministers . the popish q councell of trent sessio 23. de sacramento ordinis c. 4. determines that bishops are superior to presbyters , and that they can conferre the sacrament of confirmation , ordaine ministers of the church , and doe many other things , which those inferior order have no power to doe . and can. 7. de sacramento ordinis : if any shall say , that bishops are not superior to preistes , or that they have not the power of ordination , or confirmation , or that this power , which they have , is common to them with presbyters ; or that the orders conferred by them without the consent or calling of the secular power are voyd , let him be anathema : loe here this councell appropriates the power of ordination onely to bishops , by denying it to be common to them with ministers , and in this regard , makes bishops superior in degree to ministers ; yet not by any divine right or institution , ( of which there is not one word ; ) but onely by humane and canonicall ; ( as the r history of the councell of trent , and s chemnitius well observe : ) for in the same t session de reformatione , can. 7. 8. it enjoynes ; that according to the ancient canons , when ministers or deacons are to be ordained ; that the bishop calling to him the preistes and other prudent men skilfull of the divine law , and exercised in ecclesiasticall constitutions , should diligently enquire and examine before them the stocke , person , age , institution , maners , doctrine , and faith of those that were to be ordained ; and that those orders , should be publikely conferred and celebrated in the cathedrall church ; the canons of the church being called to , and present at it ; or if in any other place , or church of the diocesse , praesenti clero loci , the clergy of the place being present . u pope anacletus , and the x canon law , having long before that time ordained ; that preists and deacons should be ordained by their owne bishop ; ita ut cives & alij sacerdotes assensum praebent ; so as the citizens and other preistes assented thereunto ; which they usually did , and ought to doe , as gratian with y others proove at large . so that though this councell , and the other canons and constitutions debarre presbyters and ministers from the act and exercise of ordination , ( which yet they ever use , and practise as assistants to the bishops , who can ordaine none but by their assent , since they ought to joyne with them in the imposition of hands , ) yet they deprive them not of their inherent right , nor yet of the exercise of it as assistants to the bishop , which they have ever used . i passe now from these councels and constitutions to the fathers , who jumpe in judgment with them . it is true that z s. hierome , a epiphanius , * isidor hispalensis , c ambrose , d augustine , e leo , and ‡ others affirme , that bishops onely in their time did use to ordaine ministers and deacons ; and that presbyters might doe all things that bishops did , except the conferring of orders , and some other trifling toyes , as consecrating of altars , churches , virgins , chrisme , &c. not warranted by gods word ; yet none of them determine , that the right and power of ordination belongs onely to bishops , by divine institution and appointment ; that presbyters have no right at all , by the word of god to conferre orders ; or that they might not doe it in any case ; but they expresly averre the contrary : for as they did joyne with the bishop in the imposition of hands , as appeares by the third canon of the fourth councell of carthage , forecited ; so in s. ambrose his time , in egypt , if the bishop were absent , the presbyters use to consigne and conferre orders ; as this g father testifieth : and h s. augustine records , that in alexandria , and throughout all aegypt , if the bishop were wanting , the presbyter did consecrate and give orders . hence aërius ( as i epiphanius reports his words ) reasoned in this maner : what is a bishop to a presbyter ? one differs nothing from the other ; it is one order ( saith hee ) one honor , and one dignity . imponit manus episcopus ; * ita etiam presbyter : the bishop imposeth his hands , or ordaines ministers ; so likewise doth the presbyter ; the bishop baptizeth , so also doth the presbyter ; the bishop sitts in a throne ; so also doth the presbyter . and hee alleadged , that the apostle saith to a bishop : k neglect not the gift that is in thee , which thou hast received by the laying on of the hands of the presbytery : epiphanius there denieth not directly , that presbyters then did use to ordaine ; but demaunds , how it is possible for a presbyter to ordaine , not having imposition of hands in the election of ministers , or to say that hee is equall with a bishop . a false and miserable shift : since all * histories , fathers , authors , councels testifie , that in that age , presbyters had alwayes their voyces in the elelection , yea their hands in the ordination of ministers and deacons . s. hierome in his commentary on zeph. c. 2. tom. 5. p. 218. d. writes exprefly : sacerdotes . and that preists and presbyters who give baptisme , and imprecate the lords advent , to the eucharist , make also the oyle of chrisme , manvs imponvnt , impose hands , instruct the catechumeny , levit as et alios constitvvnt sacerdotes ; ordaine levites , and other preists : therefore presbyters in s. hieronymus time ordained ministers , deacons , and layd on hands as well as bishops . yea * anastatius , in the life of pope pelagius the first , recordes ; that this pope an. christi 555. for want of three bishops to ordaine him ; was ordained pope , by john bishop of perusia and bonus bishop of florence , and andreas presbyter de hostia , and andrew elder or minister of hostia , which luitprandius de vitis pontificum p. 84. and albo floriacensis in his life , p. 140. likewise testifie : loe here a presbyter or ordinary minister ordaining not onely another elder , but a bishop , yea a pope ; and supplying the place of a bishop ‡ the generall councell of nice . can. 4. the first councell of arelat . can. 21. the second councell of carthage , can. 12. the third councell of carthage , can. ●9 . the councell of aphricke , can. 16. the councell of rhegium , an. 472 , the councell of arausica , can. 21. the councell of chalcedon , act. 13. p. 187. with sundry popes decrees , ordaining , that no man shall be consecrated a bishop , but by three bishops at least and that a consecration made onely by two bishops shall be voyd ; and so this pope no lawfully ordained pope , rules this presbyter supplyed the place of a bishop , in his consecration and his ordination good and valid by the law of god , though invalid and a meere nullity by the canons * an. 1390. about wicklifs time there arose in england certaine bold clerkes , who affirmed ; that it was lawfull for them to make new presbyters and clerkes , and conferre orders . , like bishops : teaching likewise , that they were endued with the same power in ecclesiasticall affaires as bishops were , whereupon they layd hands on many , and ordained divers ministers : who affirmed likewise , that they had equall and the selfesame ecclesiasticall power with bishops : which was the constant doctrine of wicklife and the waldensis which doctrine of theirs was true , but their practise discommended , yet the ministers thus ordained by them , their ordination held lawfull by gods law ; yea and their ordination of others in those times in darknesse and persecution , when no wickilvists , lollards or other orthodox professors of the gospel could be admitted into orders by the bishops of that age , unlesse they would subscribe to their popish assertions , as some of our prelates now will admit none to receive orders , unlesse they will first , subscribe to such private positions and ceremonies , as are directly contrary to the established doctrine , and discipline of the church of england ; by meanes whereof many godly men are kept from the ministery . and though m chrysostome , primasius , theodoret , ambrose , rabanus maurus , oecumenius , theophilact , haymo , with some others , interpret that of the 1. tim. 4. 14. by the laying on of the hands of che presbytery ; to be meant either of paul himselfe , or of the senate of the apostles , or of such who had apostolicall authority , or of bishops , and not of the bare presbyters ; because ( say they ) presbyters , ( to wit according to the practise of their , though not of former times ) could not ordaine a bishop , but onely apostles , or bishops ; yet none of them so much as once asffirme , that they cannot by the law of god ordaine deacons & ordinary ministers ; or that they ought by gods law and divine institution to be ordained onely by bishops : yea n theophilact on that text writes thus : behold a wonderfull thing , see how much the imposition sacerdotalivm manvvm , of sacerdotall or preists hands can doe ; a cleare demonstration , that preists as well as bishops , and bishops onely as they are preists not bishops , have power of laying on hands . and o theodoret , thus glosseth the text , here hee cals those the presbytery who had attained apostolicall grace ; for , saith hee , divine scripture hath called those who were honored in israell , elders . the fathers therefore confessing , that presbyters and elders might and did in some cases and places ordaine , and consecrate ministers without the bishop , and likewise joyne with the bishop , ( in all places ) in the imposition of hands ; grant that the right of ordination and imposing hands , belongeth to them by the word of god , as well as to bishops ; the rather , because this is the constant doctrine of the p fathers , that bishops and presbyters , by gods law and institution , are both one and the same , and so continued till long after the apostles times ; therefore their power of ordination , the same with theirs . neither doe the papists dissent from this : q aquinas writes ; that the imposition of hands belongs onely to those who are the ministers of christ : which was double , one which was made by deacons , the other by ministers ; and because hee adds not the third by bishops ; hee plainly intimates , that the ordination made by ministers and bishops , is one and the same , and that bishops ordaine onely as bishops , not as ministers . r ca●etan on that text saith , that paul relates , that the imposition of hands s acerdotalis officii , is a part of the sacerdotall or preists office , ( not the bishops ) and faber in 1. tim. 4. 14. writes , that presbyters did use to lay their hands on the heads of those who were to be ordained , purged , or made compleate ministers , powring forth holy prayers . i know indeed that s aquinas and other schoolemen hold , that it belongs onely to bishops to conferre holy orders ; yet hee and * durandus grant , that this is not by vertue of any divine right , orinstitution , but onely by humane constitutions and canons , by reason of the more excellent power and jurisdiction that the bishop hath over and above ministers , and for order sake ; yea they both affirme ; that presbyters doe , and ought to joyne with the bishop in the imposition of hands in the ordination of ministers . the rhemists in their annotations on the 1. tim. 4. 14. confesse ; that when a preist is ordained , the rest of the preists and elders present , doe together with the bishop , even at this day among them , ( and have anciently used heretofore ) to lay hands on those that are to be ordained ; citing the fourth councell of carthage : can. 3. for proofe thereof . and the u canonists , with some x schoolemen , grant , that preists and ministers by the popes dispensation and license , may without a bishops concurrents , ordaine deacons and ministers ; but a meere layman , or one that is no minister , cannot doe it . a cleare proofe , that the imposition of hands appertained to presbyters as well as bishops , and that the power of ordination rests more in the ministers person , then in the popes grant or license ; else why might not a lay man as well as a minister , grant orders by vertue of the popes license , or why should ministers joyne with bishops in the imposition of hands ? but to passe from these to the reformed churches beyond the seas . we know that most of them have no bishops ; that all their ministers and deacons are ordained by the common election of the people and magistrates , and imposition of the senate or colledge of ministers hands ; yet none of our prelates have beene so impudently shamelesse , as to deny their ordination and ministers to be lawfull , or their practise to be dissonant from the scriptures , or them to be true churches . what their writers have determined concerning the power of ordination , incident to ministers as well as bishops , and to bishops onely as ministers , and servants to the church , not lords , these ensuing passages will declare : y ioannes lukawitz in his confession of the ●aborites against rokenzana , c. 13. of the sacrament of order , writes thus : they confesse , that the conferring of orders onely by bishops , and that they have more effectuall authority of his nature then other ministers , is not from any faith or authority of the scriptures , sed ex consuetudine habetur ecclesiae , but from the custome of the church . this being the constant doctrine of the z waldenses and toborites , that the power of giving orders , and imposing handes , belonged to presbyters as well as bishops ; and that bishops and ministers by gods law where both one ; and no bishop greater then any presbyter in honor , or iurisdiction . a melanchton writes , that if bishops and ordinaries are enemies of the church , or will not give orders , yet the churches retaine their right ; for wheresoever there is a church , there is a right of administring the gospell ; wherefore there is a necessity that the church should retaine the right of calling , electing and ordaining ministers . and this right is a guift given to the church , which no humane authority can take from the church ; as paul witnesseth in the fourth of the ephesians , where hee saith , when hee ascended upon high , hee gave guifts unto men ; and hee reckons doctors and pastors among the proper guifts of the church , and adds , that such are given for the worke of the ministery , for the edifying of the body of christ , where therefore there is a true church , there must needs be a right of electing and ordaining ministers . one thing hath made a difference of bishops and pastors , to wit , ordination , because it is instituted that one bishop might ordaine in many churches ; but seeing that by gods law there are not divers degrees of a bishop and pastor , it is evident , that an ordination made by a pastorin his church , is ratified by gods law. marsilius patavinus in his defensoris pacis , pars 2. 〈◊〉 . 15. 17. affirmes : that the power of ordaining ministers belongs not to preists and bishops , but to the magistrates and people , where hee is to be a minister . that every preist by divine authority , may conferre all sacraments , and give orders , as well as any bishop : and that every preists hath power to ordaine and promote any beleever that is willing to the preisthood , hee preparing him ministerially , but god simply and immediately impressing the sacerdotall power or character ; the originall property of ordaining ministers being onely in christ , the head of the church . ‡ hyperius thus seconds him : the imposition of hands in the election of a bishop , or deacon to approove the person to the multitude or people , was made by the elders , in whom this authority rested , whence it is here added , with the laying on of hands by the authority of the preisthood , or as it is more significantly and plainely expressed in the greeke , with the laying on of the hands of the presbytery , which signifieth the whole congregation of elders . and they agreed , that hee who was elected by the consent of many , should be commended and approoved as a fitt person , by this externall signe . which is thus backed by * hemingius . the imposition of the hands of the presbytery , is the right of ordination , which the senate ( or eldership ) of the church , or other ministers of the gospell did administer . † pezelius thus jumpes in iudgement with them : heretofore the authority of ordination was granted to bishops at least by a humane institution , yet so that the suffrages of the church might not be excluded from the election of ministers , and that the other presbyters should be present at the examination , and lay their hands together on him , that was to be ordained : for so gratian can. presbyter . distinct. 23. when a presbyter is ordained , the bishop blessing him , and holding his hand upon his head , all the presbyters likewese that are present , shall hold their hands upon his head close to the bishops hands : which tended to this purpose , that the presbyters , likewise might retaine the right , of conscerating , or ordaining to themselves , and that so they might manifest , that what ever the bishop should doe , that hee did it not in his owne name alone , but in the name of all . † musculu● harpes on the same string thus . it must plainely be confessed , that the ministers of christ heretofore were elected , the people being present and consenting , and they were ordained and confirmed of the elders , by the laying on of hands . this forme of electing ministers is apostolicall and lawfull ; which hee there prooves at large : the noble * mornay , lord of tlessis , sings the same tune in these wordes : these things being thus prooved , we adde , that the right of laying on of hands , and ordaining ministers , is in the power of the presbyters . and this verily concerning the apostles dayes is more apparent , then that it can be so much as doubted of : for saith paul to timothy , neglect not the gift that is in thee by the laying on of the hands of the presbytery , that is , of the presbyters or elders . moreover timothy himselfe ordained elders , and since a bishop and a presbyter are names of one and the same function ; if the bishops challenge this right to themselves from the scriptures , the presbyters also may doe the same : but if they deny it to presbyters , in this very thing they a●rogate this right to themselves , and verily this was a good forme of argument in the church in ancient times . ‡ hee can baptise , hee can consecrate and administer the sacrament of the lords body , ( which are the greater an more honourable actions , because sacraments of undoubted truth , of highest note and use , ) therefore hee may lay on hands . ( which is lesse ; ) now in ordaining elders , the bishop laying his hands on the head of those that were to be ordained , the rest of the elders likewise did lay on their hands , as appeares out of many places of the decrees . the † centurie writers informe us , that in the apostles time , the apostles did not assume to themselves the power of electing and ordaining elders and deacons , but they had the suffrage and consent of the whole church ; and that they , and the other ministers of the church with them , did ordaine and lay hands on them ; which they proove by acts. 6. and 13. and 14. and 19. and 1. tim. 4. 14. and in the 2. and third century following , c. 6. they affirme , that bishops and ministers were thus elected and ordained , the elders as well as the bishops laying their hands on them . the * confession of saxonie c. 12. resolves expresly ; that it belongs to the ministers of the word to ordaine ministers lawfully elected and called . the † synod of petrocomia , artic. 6. ( in poland ) decreed : that no patron should receive or admit any minister to teach in his church , unlesse hee were lawfully ordained and sent by the superintendents , and the elders , and had a good and certaine testimoniall from them ; and the synod of wlodislania artic. 8. and 12. determines thus : the ordination and mission of ministers into certaine places to worke in the lords vineyard , is committed to the superintendents , and to the ministers and elders their colleagues ; ( not to bishops : ) georgius major in his enar , in philip. 1. 1. writes thus : that there is no difference betweene a bishop and a presbyter , paul witnesseth in the 1. tim. 4. 14. where hee saith : neglect not the grace that is in thee &c. by the laying on the hands of the presbytery ; that is , of the order or colleadge of the presbyters , by which it is shewed , that timothy was called and ordained to his episcopall function by the presbyters . therefore at that time presbyters had the right of ordination , as well as bishops , neither was there any difference betweene them . to these i might adde , master john calvin , piscator , marlorat , and most other protestant commentators on the 1. tim. 4. 14. zanchius destatu peccati & legal . in quartum praeceptum , chemnitius loc. com. pars 3. de eccles . c. 4. and examen concilij tridentini pars 2. de sacram. ordinis , pag. 224. 225. &c. ( where hee prooves at large , ) that the election and vocation of ministers belongs to the whole church , to the people as well as the clergy ; that the imposition of hands belongs to presbyters as well as bishops . wherefore the apostle s●ith , 1. tim. 4. 14. that timothy had a grace and a guift by the imposition of hands , neither saith hee onely of my hands , but hee addes also of the presbytery , that there should be thought no difference , whether any one were ordained either by the apostles , or by the elders . ) a●tonius sadeel , respons . ad repetita turriani sophism . pars 2. locus 12. beza de diversis ministrorum gradibus . iunius contr. 5. l. c. 3. n. 3. chamierus paustratia cathol . tom. 2. de oecum . pontif. c. 6. with sundry ‡ other writers of the reformed churches , who averre and proove against the papists , and iesuites ; that the power of election and ordination of ministers by the word of god , belonges to the whole church and congregation , and the imposition of hands to ministers , elders , and presbyters as well as to bishops , and to bishops onely , as they are ministers . but hee that hath handeled and prooved this most largely and fully of all others , is gersonius bucerus de gubernatione ecclesiae ( being an answer to bishop downhams sermon of bishops ) p. 261. 262. 283. 287. 292. 294. 299. 310. 318. to 367. 464. 465. 493. 498. 499. 524. 618. where this point is so learnedly and substantially prooved by scripture , reason , and authors of all sorts , that none , which read these passages of his , can ever hereafter call this into question more . having runne thus long abroade , i now in the last place returne to our owne church and writers . the booke of ordination of ministers , ratified by two severall acts of parliament , namely 3. ed. 6. c. 12. and 8. eliz. c. 1. and subscribed to by all our prelates and ministers , † by vertue of the 36. canon as containing nothing in it contrary to the word of god , expresly orders , that when ministers are ordained ; all the ministers present at the ordination shall lay their hands together with the bishop on those that are to be ordained : and the 35. can. made in convocation by the bishops and clergy an. 1603. prescribes , that the bishop before hee admit any person to holy orders , shall diligently examine him in the presence of those ministers that shall assist him at the imposition of hands . and if the said bishop have any lawfull impediment , hee shall cause the sayd ministers carefully to examine every such person so to be ordered . provided that they who shall assist the bishop in examining and laying on of hands , shall be of his cathedrall church , if they may be conveniently had , or other sufficient preachers of the same diocesse , to the number of three at the least . and according to this booke of ordination and canon , when ever any ministers are ordained , all the ministers there present joyne with and assist the bishop in layng on of hands , on every one that is ordained . so that both by the established doctrine and practise of the church of england , the power of laying on hands , and right of ordination , is common to every of our ministers , as well as to our bishops ; who as they cannot ordaine or lay hands on any without the bishop , so the bishop can ordaine or lay hands on no ministers without them ; so that the power and right of ordination rests equally in them both . with what face or shadowe then of truth our prelates now can or dare to monopolize this priviledge to themselves alone , against this booke of ordination , their owne canons , subscriptions , yea their owne and their predecessors common practise to the contrary ( which perchance their overgreat imployments in temporall businesses & secular state affaires , have caused them wholly to forgett , at least not to consider : ) let the indifferent judge . but to passe from them to some of our learned writers : alcuvinus de divinis officiis c. 37. writes ; that bishops , presbyters , and deacons were anciently , and in his time too , * elected by the clergy and people , and that they were present at their ordination and consenting to it . that the bishops consecration in his dayes used in the church of rome , wherein two bishops held the gospell or new testament over the head of the bishop consecrated , and a third uttered the blessing , after which the other bishops present layde their hands on his head , was but a novelty , not found in the old or new testament , nor in the roman tradition . and then he● prooves out of hieroms epistle to evagrius , and his commentary on the first to titus , that the ancient consecration of bishops , was nothing else but their election and inthronization by the elders , who chose out one of their company for a bishop , and placed him in a higher seat then the rest , and called him a bishop , without further ceremony ; just as an army makes a generall , or as if the deacons should choose one from among them and call him an archdeacon , having no other consecration but such as the other deacons had , being advaunced above others onely by the election of his fellow-brethren , without other solemnity . by which it is plaine , that in the primitive church , presbyters did not onely ordaine presbyters and deacons , before there were any bishops elected and instituted ; but likewise , that after bishops were instituted , they ordained and consecrated bishops ( as well as elders and deacons , ) and that the sole ordination and consecration of bishops in the primitive and purest times , was nothing but the presbyters bare election and inthronization of them without more solemnity ; so that the other rites and ceremonies now used , are but novelties . anselme archbishop of canterbury on the 1. tim. 4. 14. expounds these words , with the laying on of hands of the presbytery in this maner , hee cals that the laying on of hands which was made in his ordination ; which imposition of hands was in the presbytery , because that by this imposition of hands , hee received an eldership , that is , a bishopricke . for a bishop is oftentimes called a presbyter by the apostle , and a presbyter a bishop . ( which in his commentary on the third chapter , on phil. 1. 1. tit. 1. 5. 7. hee prooves to be but one and the same in the apostles time and in the primitive church . ) so that by his resolution the imposition of hands and power of ordaining elders and bishops , belongs to presbyters as well as to bishops . our english apostle m john wickliffe , and his coaetanean n richard fitzralphe , otherwise called richardus armachanus arch-bishop and primate of ardmagh in ireland ; if we beleeve either their owne writings , or o thomas walden , who recites their opinions , arguments , and takes a great deale of paines ( though in vaine ) to refute them : affirmed and taught : first , that in the defect of bishops , any one that was but a meere preist , was sufficient to administer any sacrament or sacramentals whatsoever either found in scripture , or added since . secondly , that one who was but a meere preist might ordaine another , and that hee , who was ordained onely by a simple preist , ought not to doubt of his presbytership , or to be ordained againe , so as hee rightly performed his clericall office , because the ordination comes from god , who supplies all defects . thirdly , that meere preists may ordaine preists , deacons and bishops too ; even as the inferior preists among the jewes did ordaine and consecrate the high preist , as bishops consecrate archbishops , and the cardinals the pope . fourthly , that the power of order is equall , and the same in bishops and preists , and that by their very ordination they have power given them by christ to administer all sacraments alike ; therefore to conferre orders and confirme children , which is the lesse , as well as to baptise , administer the sacrament of the lords supper and preach the gospell , which is the greater . fiftly , that christ sitting in heaven hath given the power of consecrating and ordaining preists and deacons , of confirmation , and all other things , which bishops now challenge to themselves , to just presbyters ; and that these things were but of late times , even above 300. yeares after christ , reserved and appropriated to bishops onely by their owne canons and constitutions , to increase their caesarian pompe and pride . and * waldensis himselfe ( who undertakes to refute these propositions ) saith expresly : that no man hitherto ●ath denied , that god in an urgent case of necessity gave the power of ordination to any one that is but a meere preist , to wit , in the want or defect of bishops . all the archbishops , bishops , archdeacons and clergy of england in their booke , intituled the institution of a christian man , subscribed with all their hands , and dedicated to king henry the 8. an. 1537. chapter of orders , and king henry the 8. himselfe in his booke stiled , a necessary ●rudition for any christian man , set out by authority of the statute , of 32. h. 8. c. 26. approoved by the lords spirituall and temporall , and netherhowse of parliament , prefaced with the kings owne royall epistle , and published by his speciall commaund in the yeare 1543. in the chapter of orders ; expresly resolve , that ●reists and bishops by gods law are one and the same , and that the power of ordination and excommunication belongs equally to them both . learned martin bucer in his booke of recalling and bringing into use againe the lawfull ordination of ministers , and of the office of pastors , in his scripta anglicana , written here in england , p. 254. 255. 259. 291. 292. 293. and on math. 16. layes downe these conclusions . first , that the power of ordination rests principally and originally in christ himselfe prince of pastors . secondly , that this power is secondarily and derivately in the whole church , whose consent is requisite in the election and ordination of ministers . thirdly , that the actuall power of ordination and imposition of hands belongs as well to presbyters as to bishops , that they ought to joyne with the bishop in the laying on hands ; and that timothy was ordained by the presbyters . fourthly , that bishops and ministers have the power of imposition of hands in them onely instrumentally not originally as servants to the whole congregation . fif●ly ; that the examination and ordination of ministers ought to be made publikely in the church where they are elected to be ministers , before all the congregation , all which he prooves by sundry scriptures and histories . peter martyr his coaetaman , ( regius professor in the ●niversity of oxford , in the dayes of king edward the 6. ) in his commentary upon the 2. kings . 2. 23. and in his common places , printed at london , cum privilegio , an. 1576. class . 4. loc. 1. sect. 23. p. 849. writes thus : the papists cannot object grievous sinnes against the ministers of the gospell , but they oppose onely some slight , that i say not ridiculous thinge : they say that our pastors have no imposition of hands , and thence they indeavour to conclude , that they are not to be reputed just governours of the church ; and that the congregations which are taught and governed by them , are no true churches , but conven●●cles of rev●lters . and this they say , as if the imposition of hands were so necessary , that without it there can be no ministry in the church ; when notwithstanding moses consecrated aaron his brother and his children , offering divers kindes of sacrifices , on which no man formerly had layd on hands . lik●w●se iohn the baptist brought in a new right of baptisme , and administred it to the iewes , when as yet no hands had beene layd upon him , and hee himselfe had beene baptised of no man. paul also called by christ in his journey , did not presently goe to the apostles that they might lay hands upon him , but hee taught in arabia for 3. yeares space , and ministred to the churches , before that hee went up to the apostles his antecessors , as himselfe witnesseth in his epistle to the galathians . we reject not the imposition of hands , but retaine it in many churches ; which if we receive not from their bishops , we are not to be blamed for it , for they would not conf●rre it on us , unlesse wee would depart from sound doctrine , and likewise bind our selves by o●th to the roman antichrist . in which words hee resolves : first , that the imposition of hands is no such essentiall part of a ministers ordination , but that it may be omitted ; and that those who are elected and lawfully called to the ministery by the suffrage of the whole church and people , are ministers lawfully called and ordained without this ceremony . secondly , that the imposition of hands belongs to ministers , as well as bishops ; and that those who are ordained ministers in the reformed churches , where they have no bishops , onely by the laying on of hands of other ministers , are lawfully ordained . thirdly , that this position , that the power of ordination belongs onely to bishops , that those are no true ministers who are ordained without a bishop , is but a vaine ridiculous popish cavill . our prelates therefore should be ashamed to ground both their owne , and titus his episcopall hierarchie upon it : learned * doctor whitaker , writing against bellarmine , saith ; that this text of the 1. tim. 4. 14. makes very much against the adversaries ; for from this place wee understand , that tim●thy , receiveth imposition of hands from the elders , who at that time governed the church by a common councell ; and against † duraeus , hee argues thus ; luther , zwinglius , oecolampadius , bucer and others were presbyters ; and presbyters by gods law are the same with bishops ; therefore they might lawfully ordaine other pres●yters ; doctor fulke in his confutation of the rhem●sh testament : annot. on tit. 1. sect. 2. and doctor willet in his synopsis papismi , the 5. generall controversie quaest . 3. part . 2. write thus , although in the scripture a bishop and an elder is of one order and authority in preaching the word , &c. yet in government by ancient use of speech , hee is onely called a bishop , which is in the scripture called cheife in governement , to whom the ordination or consecration by imposition of hands was allwayes principally committed . not that imposition of hands belongeth onely to him , for the rest of the elders that were present at ordination did lay on their hands , or else the bishop did lay on his hands in the name of the rest . we differ from the papists in this ; they affirme ; that not principally and cheifly , but solely and wholly the right of consecrating and giving orders appertaineth unto bishops . but concerning the power of giving orders we say ; that though it were cheifly in the apostles , yet the pastors and elders together with them layd on their hands , acts. 13. 3. 4. and as s. paul speaketh of his laying on of hands , 2. tim. 1. 6. so hee maketh mention of imposition of hands by the eldership , 1. tim. 4. 14. and the rhemists on that place mislike not the practise of their church , that their preists doe lay on their hands together with the bishop upon his head that is to be ordained . what else doth this signifie , but that they have some interest in ordaining together with the bishop ? the 4. councell of carthage can. 3. decrees thus : let all the preists that are present , hold their hands next to the bishops hand , upon the head of him that is to be ordained . againe can. 14. of the same councell : the bishop must not give orders , but in the presence and assembly of the clergy . by this then it is manifest , that imposition of hands doth not wholly and soly belong to the bishops , seeing the rest of the elders were wont to lay on their hands likewise , or the bishop in the name of the rest . so that the elders were not excluded . doctor feild in his 5. booke of the church , c. 27. is of the same opinion ; where hee prooves out of durandus and other papists , that the power of consecration and order is not greater in bishops then in any other ministers ; that the power of ordination was reserved to bishops , not by any divine , but humane constitutions onely , rather for to honor the bishops preistly place , then for that it might not be done by any other , and for the avoyding of confusion and schisme in the church : concluding , that in cases of necessity ; as when bishops are extinguished by death ; or fallen into haeresie , or obstinately refuse to ordaine men to preach the word and gospell of christ sincerely , and the like , then ministers onely may ordaine other ministers , without any bishops assistance . and master cartwright in his confutation of the rhem●sh testament , on the 1. tim. 1. 14. sect. 18. and on tit. 1. sect. 2. pr●oves , both by the rhemists owne practise and confession , by the 4. councell of carthage , cited by them , and the history of eradius his ordination , who succeeded augustine , to which sixe elders , as well as two bishops were called , and by the text of timothy itselfe , that the imposition of hands belongs to elders as well as bishops , which hee manifests to be one and the same by divine institution . finally , acute and learned doctor ames in his bellarminus enervatus tom. 2. l. 3. c. 2. of the vocation and ordination of ministers , sect. 4. &c. de ordinatione , concludes thus against bellarmine , who affirmes , that the ordination , vocation , and election of bishops and other ministers of the church belongeth onely to bishops . first , that it cannot belong iure divino to popish bishops , superior to presbyters in degree , because they themselves are onely , vel juris , vel injuriae humanae , of humane right , or rather injurie , not of divine institution . secondly , that the very act of ordination belongs to divine bishops , that is , to presbyters , in a church well ordered . thirdly , that as to the right force and vertue which it hath in constituting the minister of the church , it alwayes appertaines to the whole church ; as the celebration of matrimony receives all its force and vertue from the consent of the parties married . fourthly , that in corrupted and collapsed state of the church , the ministery and order failing ; the very act of ordination , so farre forth as it is necessary to the constitution of a minister , may in such a case be lawfully executed by the people . fiftly , that the act of ordination is attributed to presbyters , 1. tim. 4. 14. and that the apostles themselves did not ordaine ordinary ministers ▪ but by the concurrence and consent of the people , acts. 14. 23. sixtly , that in the primitive church , which was governed by the common counsell of the presbyters , before there were any bishops , the very first bishops were not ordained by bishops , which then were not , but by ministers . seaventhly , that all the councels , degrees and testimonies of fathers objected to the contrary ; proove nothing else , but that the act and right of ordination partly by custome , and partly by humane decrees , was given to the cheife presbyter or bishop after the apostles time , not belonging to them by any divine right . eightly , that the imposition of hands is not absolutely necessary to the essence of a pastor , no more then a coronation to the essence of a king , or the celebration of a mariage , to the essence of a mariage . ninthly , that the power of ordination , according to the schoolemen and canonists , is not an act of iurisdiction , but of simple office , which presbyters may performe without any commaund or iurisdiction . tenthly , that the papists themselves teach , that baptisme conferred by any christian , though a lay man or woman ; is good by reason of the necessity of it , that a simple presbyter by the common consent of the popish doctors , may administer the sacrament of confirmation , or conferre any of the greater orders , and that all the pontificians teach with unanimous consent , that a bishop once consecrated , although hee be a simoniack , heretick , excommunicate person or the like , may yet firmely ordaine others . therefore a fortiori godly presbyters , or the people and church of christ , may lawfully conferre orders without the helpe or concurrence of a bishop . which authority of his ought not to be slighted as schismaticall or erronious , it being consonant to the doctrine both of our owne and other protestant writers , churches ; and this booke of his printed by authority , in the university of oxford , no longer since , then anno 1629. it is evident then by this whole cloud of witnesses ( to omit others ) that the power and right of ordination and imposition of hands , ( which sayth * gratian , is nothing else but a prayer over a man ; and as ‡ aquinas writes , signifieth onely the conferring of grace , which is given by christ ; and not that ministers , ( not bishops , who are here but ministers ) give this grace , ; and so as proper for ministers as bishops both by divine and humane right and practise ) belongs to presbyters and ordinary ministers as well as bishops ; therefore bishops cannot be paramount presbyters and ordinary ministers in order and iurisdiction , in this regard ; neither will this power of ordination proove timothy or titus bishops , as they now vainely surmise . hence therefore i retort the objection in this maner against the opposites . that power or authority which is common by divine right and institution to ministers and presbyters as well as bishops , can neither proove timothy or titus to be bishops , or bishops to be superior to presbyters or ministers in jurisdiction , order , dignity or degree , iure divino or humano . but the power of authority of ordaining presbyters , ministers , and deacons , is such ; as the premises undeniably evidence . therefore it can neither proove timothy or titus to be bishops , nor bishops to be superior to presbyters , or ministers in iurisdiction , order , dignity or degree , iure divino or humano . sixtly , s. paul , in the 1. tim. 3. and titus 1. 6. &c. makes a particular enumeration and recitall both of the qualifications , and offices of a bishop ; but among all these , hee speakes not a word concerning the power of act of ordination ; neither doth hee make it a part of a bishops qualification or duty to be apt and able discreetly to conferre orders , as hee doth particularly require , hee * should be apt to teach : how therefore this should be a cheife property , or principall quality of a bishop , i cannot yet conjecture , since the scripture makes it none , but rather a property , an act of the presbytery , 1. tim. 4. 14. acts. 13. 3. 4. i shall desire bishops therefore , to produce some divine charter or other for this pretended monopoli●e of ordination , which they would ingrosse unto themselves alone ( perchance to make the more advantage by it , it ‡ being a sweet and pleasant gaine as some handle it now , ) before they lay any further title thereunto , even as they are diocaesan bishops . seaventhly , i must informe our bishops for their learning , that an. 31. h. 8. in the patent rolls part . 4. king henry the 8. granted a patent to all the archbishops , and bishops of england , to endble them to consecrate churches , chapples , and churchyards , by vertue of his speciall patents and commissions under his great seale first obtained ; without which they could not doe it , and that all the bishops in king edward the 6. time , had speciall clauses in their letters patents , authorizing them to ordaine and constitute ministers and deacons , as bishop ponets , bishop scoryes , bishop coverdales , patents 5. edw. 6. pars 1. & 2. with others in his raigne , testifie at large . neither doe or can our archbishops or bps ▪ at this day consecrate any bishop or arch-bishop , unlesse they have the kings owne * letters patents , authorizing and commaunding them to doe it , as the patents directed to them uponevery bishops consecration and experience witnesse . it seemes therefore that their power to consecrate churches , chapples , churchyards , ministers , and bishops , belongs not to them as they are bishops , and that it is meerly humane not divine , since they claime and execute it onely by vertue of the kings letters patents ; therefore it cannot advance them above pres byters , by any divine right . eightly , all accord , that in cases of necessity , when or where bishops are wanting , or when there are none but simontacall or hereticall bishops , who refuse to ordaine such as are orthodoxe , or will not subscribe to their heresies , there presbyters and ordinary ministers may lawfully conferre orders , confirme , and doe other acts , which bishops usually ingrosse to themselves ; so ambrose , augustine , richardus armachanus , wicliffe , thomas waldensis , feild , ames , with others in their forequoted places , and generally all divines resolve without dispute . yea that learned morney lord of plessis , in his booke de ecclesia . c. 11. * amesius , with sundry others affirme , that the people alone in case of necessity where there are no bishops nor ministers , may lawfully elect and ordaine ministers , as well as baptise and preach ( both which ‡ papists , and * protestants affirme , that laymen may lawfully doe in cases of necessity ) the right of ordination and election of ministers being originally in the whole church and people , ministerially onely in bishops and ministers as servants to the congregation , and the imposition of hands no essentiall , but a ceremoniall part of ordination , which may be sufficiently made without it , as angelus de clavasio , peter martyr , and others , both papists and protestants , affirme . but when paul left titus in crete , ‡ to set in order the things that were wanting , and to ordaine elders in every city , there where present no other bishops or elders to ordaine ministers , ( as is likely ) but titus onely ; for we read of none else but titus then in cree●e , ( which was then but newly converted to the faith ; ) and hee is enjoyned , to ordaine elders in every city ; which prooves there were none there before , for what need then of any , yea of many others to be newly ordained , and that in every city ? titus his example of ordination therefore in this exigent and necessity in a church then newly planted , is no argument to proove him a diocaesan bishop ; since other ordinary ministers might ordaine in such a case , as all acknowledge , yea and the people too , without either minister or bishop to assist them . ninthly , i answer , that it is most evident , that titus did not ordaine elders in every city , by vertue of any episcopall inherent iurisdiction of his owne , but as paules substitute , who appointed him to doe it , and prescribed him what maner of persons hee should ordaine : tit. 1. 5. 6. 7. 8. 9. this therefore cannot proove titus to be a bishop ; or that the sole right of ordination is appropriated unto bishops , as bishops , but rather the contrary . lastly , admit , that the power of ordaining pres byters belonged only to bishops iure divino ; yet is no good consequent ; ergo , they are superior to presbyters in order and degree iure divino ; since the conferring of orders , ( an * act of service , of ministry onely , not of authority , and no more then an externall complement or ceremony ) is farre ‡ inferior to the authority of preaching , baptising , consecrating , and administring the sacrament , which every minister may doe as well as a bishop . the bishops and ministers in the primitive church had * many of them the gift of tongues , of prophecy , of healing and working miracles , which some bishops , then and all now want ; yet these extraordinary endowments made them not superior in iurisdiction , order , or degree to those bishops who then wanted those gifts , or to ours now , who take farre more state upon them , then those bishops did . d many bishops there are and have beene that could not , at least would not preach , though bellarmine himselfe , yea the * councell of trent , and f all men acknowledge , that it is the cheifest , and most honourable part of their episcopall function , as making them christs ambassadors : are they then inferior in order , dignity , power , and degree to bishops , yea to ministers , vicars , and poore curates who are both able and willing to preach ? that which makes any man superior in order iurisdiction , or dignity to his equall , must be an authority superior to that which his equall hath , not the accession of any inferior dignity or power . the making of an earle , a knight , or country-iustice , addes nothing to his former honour in point of superiority or precedency . if a bishop be presented to an ordinary benefice , prebendary or deanery , ( as * some are and have beene by way of commendam . ) it accumulates nought to his episcopall authority being inferior to the power of the keyes , preaching and administring the sacraments , which every enjoyes iure divino , as absolutely as any archbishop or bishop , can no wayes advaunce bishops in iurisdiction or degree above pres byters and ordinary ministers , no more then the bishop of durham his being a † count palatine , with his large temporall jurisdiction , farre exceeding that of all our archbishops and bishops , advaunceth him in order or degree above them all . so that this grand objection to proove titus a bishop ; yea a bishop superior in jurisdiction , order , and degree to ministers ; is both false and idle . obj. 4. if any object , that it is a received maxime in the schooles , ‡ that hee which ordaines is greater then hee who is ordained ; and that the apostle saith , that the lesser is blessed of the greater : therefore titus , and so likewise bishops , who ordaine ministers in point of jurisdiction , order , dignity and degree . answ . 1. i answer ; first , that this objection takes that for granted which i formerly refuted and evidenced to be a falsehood ; to wit , that the power of ordination belongs onely to bishops , not to presbyters ; and so is build on a false sandy foundation . secondly , i answer ; that this proposition , hee that ordaineth or consecrateth ministers is greater in iurisdiction , power , order , or degree , then the parties consecrated and ordained ; is a notorious dotage and untruth , broached at first by * epiphanius , to confute aërius his orthodox opinion , of the parity of bishops and presbyters ; and since that taken up at second hand by ‡ bellarmine , and other iesuites , the * councell of trent , ‡ bishop downham , with other patriots of the popes and prelates monarchy ; and last of all ( like coleworts twice sodde ) usurped by all our prelates in their high commission at lambeth in their censure of doctor bastwicke , who laid the whole weight and burthen of their episcopall superiority and precedency over other ministers , upon this rotten counterfeit pillar , unable any wayes to support it , as these ensuing demonstrations will evidence at large bejond all contradiction . for first of all we know , o that cardinals and bishops at this day , ( as the people and clergy , yea the emperor heretofore ) doe elect and consecrate the pope ; yet they are not greater in order , dignity , power or iurisdiction then the pope , but inferior , and hee farre superior to them in all these . we p read , that metropolitanes , patriarkes , primates and archbishops are created , consecrated and installed by ordinary bishops , as the * arch-bishops of canterburry and yorke , have oftentimes beene by the bishops of london , rochester , winchester , salisbury , and the like : yet are they not greater in dignity , power , authority , place , or order then they , but subordinate and subject to them whom they thus ordaine , in every of these . we know by dayly experience that one bishop consecrates and ordaines another , and hee a second , and that second a third ; yet all of them are of equall power , and iurisdiction , not different or distinct in order or degree ; and sometimes the last of the three in respect of his bishopricke , takes precedency of the rest , that ordained him , as the ‡ bishops of london , durham , and winchester doe here with us , and other bishops the like in forraigne parts . so some * ministers joyne with the bishop in the ordination and laying of hands on others , yet one of them is not superior in iurisdiction , order , or degree to the other ; now were this our prelates objected paradoxe true ; the cardinals should be greater in order , power , and degree , then the popes , the bishops , then patriarkes , metropolitanes , primates , and archbishops ; one bishop , one minister then another ; yea there should be so many different degrees , among bishops and ministers , as there are successive subordinate ordinations ; which is both false and absurd . s. hierom in his epistle to evagrius and on titus , 1. with alcuvinus , de divinis officiis c. 37. affirme , that in the primitive church bishops were both elected and consecrated by presbyters ; and the scripture is expresse , that both paul and timothy were ordained by the presbytery : acts 13. 3. 4. 1. tim. 4. 14. if the bishops reason then be orthodoxe ; it followes inevitably , that in the apostles times , and the primitive church pres byters were superior in iurisdiction , order and degree to bishops , yea to paul and timothy , the one an apostle , the other an euangelist ; and not bishops , lords paramount over them , as they now pretend ; and then farewell their hierarchy which they so much contend for . the archbishop of canterbury ( who stood much upon this argument at doctor bastwicks censure ) both crowned our soveraigne lord king charles , and baptised his sonne prince charles ; will hee therefore conclude , that hee is greater in power , authority , place , and iurisdiction then they ? the * archbishops of canterbury , have usually crowned and baptized the kings of england , and the archbishops of rheemes the kings of france ; will they therefore inferre , ergo they are greater in power , dignity , and authority then they ; as the † popes argue , that they are greater then the emperors , because the bishops of rome have usually crowned the emperors ? are the princes electors in germany greater then the emperors ; or of poland , bohemia , and sweden greater then their kings ; because they elect and create them emperors and kings ? are the lord major of london and yorke , or the major of other citties inferior to the commons ; or the lord chauncellors of our vniversities of oxford and cambridge , lesse honorable , potent , and inferior to the doctors , procters , and masters of arts ; or the heades or masters of the colleadges and halls in them , subordinate , or lesse worshipfull or eminent then the fellowes , because they are elected , constituted and created by them , to be such ? are the knights , citizens and burgesses of the parliament , not so good as those freeholders , cittizens and burgesses who elect them ? or the masters of companies inferior to those that choose them . if not , as all must grant , how is this maxime true ; that hee who constitutes , ordaines , or consecrates another , is greater then the parties constituted , ordained , or consecrated , and that in iurisdiction , place , order , and degree ? our popish preists are not afraid to proclaime * that in their consecration of the sacrament , they create their very creator , and make no lesse then christ himselfe : are they therefore greater and higher in order and degree then christ , the † great and onely high preist , the * cheife shepheard , and bishop of our soules , whose ‡ vicar and substitute the pope himselfe doth but claime to be ? certainly if this their popish proposition be true , they must needs be one order and degree higher , in point of preisthood , then christ himselfe ; who must then lose his titles of high preist and cheife shepheard , because every masse-preist will be paramount him ; in that hee not onely consecrates , but creates him too . we read in * scripture , that kings , preists and prophets were usually annointed and consecrated to be such with oyle ; was therefore the oyle that consecrated them , greater or better then they ? are the font and water , better then the children baptized in or with them ? the diadems better then kings , because they crowne them ? or the very hands of bishops and ministers , worthier then ministers ordained by them ? if not , then are not bishops greater then the ministers which they ordaine or consecrate , since both are but instruments , servants not prime originall agents , lords , or supreme absolute actors in these severall consecrations and actions . if we cast our eyes either upon nature or policy , we finde this proposition of our prelates a meere ●alsehood . in nature we ●ee , that a man begets a man ; an horse an horse ; an asse an asse ; a dogge a dogge &c. equall one to the other in nature , quality , species , and degree ; the sonne being as much a man as the father , the colt as much an horse as the steed that begott him . in civill or politique constitutions , wee see the like ; in our vniversities , doctors and professors of divinity , phisicke , law , musicke , create other doctors of the same professions , equall to themselves , and as much doctors in these arts as they ; one doctor in each of these , being as much and no more a doctor then another , save onely in point of time or antiquity , but not in respect of the profession or degree of doctorship it selfe ; yea * every minister made by any bishop , is as much as truly and fully a minister as the bishop , as all protestants and papists doe acknowledge ; therefore the same in specie with , and equall to a bishop : our bishops pretend themselves spirituall fathers , and they call the ministers ordained by them , sonnes ; so ‡ epiphanius long since argues against aërius : as therefore in naturall generations , a man begets a man , a beast a beast ; and in civill respects ; a gentleman begets a gentleman ; a peasant a peasant &c. but not a man a beast ; a beast a man , a gentleman a peasant , nor a peasant a gentleman ; so bishops when they engender naturall children , beget them as men , not bishops , and their children are as much men as themselves ; when they spiritually ordaine or engender ministers , they doe it onely as they are ministers not bishops , and those they thus beget and ordaine , are as much ministers as themselves ; when they beget and consecrate bishops , they doe it as they are bishops , and those thus begot and consecrated are as much bishops as themselves . since therefore they ordaine ministers onely as they are ministers , not as bishops ; as is cleare ( else it were an unnaturall an incongruous , yea a monstrous generation , to beget one of a different kinde , order , quality and degree from themselves , and as much as if a man should beget a beast , an horse , or an asse , ) and since every minister is as much as compleatly a minister every way as the bishop , and ministers who ordaine him ; how this proposition can be true ; that the ordainer is higher in jurisdiction , or different iure divino in order or degree from the ordained , i cannot yet perceive , neither can our prelates ever make it good . we know there are now divers ministers living , who not only baptized , but likewise ordained some of our bishops to be ministers , and layd hands upon them with the bishop at the time of their ordination ; yea every of our bishops , and archbishops were first ordained ministers by ministers before they were made bishops or arcbishops . and the first bishops that were ordained in the church paramount ministers , were ordained bishops by ministers , as hierom writes in his epistle to evagrius , and all since acknowlege out of him . are these ministers therefore in point of order , honor , jurisdiction , dignity and degree , greater then our archbishops or bishops ? if so , then the controversie is at end ; and the truth most apparant ; that our ministers are greater and higher in degree then our bishops and arch-bishops , not our bishops and archbishops higher greater then they , as they vainely contend . if not , then the prelates maxime , on which they ground their hierarchie , is most false , in that sence in which they urge it ; and so will yeild no supportation to their hierarchie . thirdly , i answer , that this proposition of theirs is warranted by no scripture , nor backed with any convincing reason drawen from scripture ; therefore it prooves nothing either for titus his episcopall authority ; or for bishops superiority above other ministers , by any divine right , or institution : as for that text of hebr. 7. 7. ( and without all contradiction the lesser is blessed of the greater ; ) it is nothing to the putpose . first , because it it not spoken concerning ordination , or of one ministers ordaining or blessing another , but onely of melchizedechs blessing of abraham , and ministers blessing of the people , as the words and ‡ all commentators joyntly testifie . secondly , because it is not meant of ministers , who blesse others onely ministerially , instrumentally , by way of duty and service , as bishops ordaine ministers ; not inherent originall authority , for then ministers should be better and greater then god , whom they blesse and praise , but of christ himselfe ; who by melchisedech , his type , blessed abraham by his owne inherent authority and power ; as the onely * true high-preist , and ‡ ch●ife shepheard of our soules . if therefore our prelates take their maxime in this sence , hee that ordaines ministers , to wit , originally by his owne inherent primitive authority and power , is greater then those who are ordained in jurisdiction , power , and degree ; then the proposition thus interpreted , is true and warranted by this text ; but yet they gaine no advantage by it , because no bishops , do or can ordaine ministers thus , but * onely god and christ alone , whose ministers and servants both the ordainers and ordained are . but if th●●meane , that they who ordaine ministers onely instrumentally and ministerially as servants to christ , his church and the whole congregation , ( in whom the originall and primitive right of ordination is onely vested ) are greater in iurisdiction , order and degree , then those who are ordained , as they doe and must doe ; then the proposition is most false and not justified by this scripture , as the premised instances manifest . fourthly , admit this proposition true ; that those who are to ordaine others are greater in power and authority then the parties to be ordained , before their ordination fully executed , because they have an office , a calling of ministery which the others want ; in which sense the proposition may be true , yet it is not true ; that the ordainers are greater in power , office and authority then the parties actually ordained after the ordination past and finished ; because the very end of ordination , is to conferre the selfe-fame office of ministery on the parties ordained ; which the ordainers themselves have in as large and ample manner as they enjoye it ; and the parties once ordained , are thereby made as compleate , 〈◊〉 absolute ministers every way , in respect of their orders and office , as any of those who ordained them : though they were not so when they came to be ordained . this appeares by the examples of ‡ mathias and paul ; before they were called and ordained to be apostles , they were inferior to the other apostles ; but being once called and ordained apostles , they became equall with the other apostles in apostolicall power , dignity , and degree . so that from all these premises i may conclude , that this maxime of our prelates , whereon they build their episcopall hierarchie , in that sence they take it , is most false ; and neither prooves titus to be a diocaesan bishop , nor yet bishops to be superior to other ministers in dignity , power , order , or degree , by divine right and institution as they pretend they are . finally , admit the proposition true , yet it prooves but this ; that bishops are superior to those ministers onely which themselves ordaine , ( so that if they ordaine none they are superior to none ; not to those ordained by others , which may be their equals notwithstanding this allegation , seing they were not ordained by them ; this proposition extending onely to the act , not to the power of ordination . if any extend it further , in this sort ; that they who have power to ordaine ministers are greater in order , iurisdiction , degree and dignity , then those who want this power ; then it will follow , that bishops suspended from ordaining others ( either for advauncing unworthy ministers , without due examination , or making ministers without a title , as many now doe , for which the * canons prescribe , they shall be suspended from giving orders for two yeares space ) are inferior in order and degree to bishops , who may execute this power and ordaine ; and so one bishop shall be superior in order and degree to another bishop ; which none ever yet affirmed ; yea all our bishops being prohibited and disabled by their owne ‡ canons to ordaine ministers or deacons at any time , but onely at the 4. solemne times appointed , and that in the presence of the deane , archdea●on or two prebends at the least , or of 4. other grave persons , being masters of art at least , and allowed for publike preachers : it will hereupon follow , that bishops onely at these 4. times of the yeare , are greater in dignity and degree then ministers , because they may then ordaine , but not at other seasons , when they have no power or authority to conferre orders upon any being restrained by the canon . all which being layd together , discovers the weakennes , the absurdity of this our prelates theory , on which they build both their owne , & titus his hierarchy , which now fall quite to ruine with this their sandy foundation , which i have here 〈◊〉 ever dissipated & subverted , if i mistake not . obj. 5. if any finally object ; that the fathers stile titus , the first bishop of crete , and timothy of ephesus , therefore they were diocaesan bishops , and superior in jurisdiction and degree to other ministers , and so by consequence are other diocaesan bishops as well as they . answ . 1. i answer : first , that neither s. paul nor s. luke , who lived in their times , and knew them farre better then any fathers or writers since , ever so much as once terme or stile them bishops ; much lesse , the first or sole diocaesan bishops of crete , or ephesus ; which no doubt they would have done , had they beene in truth diocaesan bishops there ; and the name , the office of a bishop so honorable and sublime , above that of ministers , even iure divino , as our prelates and their flatterers now pretend . their testimonies therefore ( who stile them onely ‡ ministers or euangelists , never bishops ) is to be preferred before all fathers and writers , ( who stile them bishops ) being neither acquainted with their persons or functions , nor living in their age . secondly , no father ever stiles them , or either of them a diocaesan or sole bishop of crete or ephesus , ( the thing which ought to be prooved , ) but bishops onely , as they stiled other ministers , the name , the office of bishops and presbyters being but one and the same , and promiscuously used in the apostles times ; all presbyters being then called bishops , and all bishops presbyters ; as is evident by acts. 14. 23. c. 20. 17. 28. phil. 1. 1. 1. pet. 5. 1. 2. 3. tit. 1. 5. 7. 1. tim. 3. 1. 2. 3. 2. iohn . 1. 3. iohn . 1. philemon . 9. with all ancient , all moderne commentators on these texts . whence the translators of our last authorized english bible , affixe these contents to titus , 1. 6. to 10. ( which treates of the quality of bishops ) how they that are to be chosen ministers ought to be qualified ▪ and the booke of ordination of ministers ( confirmed by two * severall acts of parliament ) prescribes the 1. tim. c. 3. acts 20. and titus 〈◊〉 . to be read both at the ordination of ministers , and consecration of bishops : and so intimates , yea interpretes , that bishops and ministers in the scriptures language , are both one , in name , and office , and were so reputed in the primitive church . thirdly , the fathers use the word , elders and bishops , promiscuously ; calling elders bishops , and bishops elders ; hence papias the auditor of s. john , and companion of polycarpus , writes thus in the preface of his bookes ; * it shall not seeme grievous untome , if that i compile in writing , and commit to memory , the things which i learned of the elders . if any came in place which was a follower of the apostles , forthwith demaunded the words of the elders : what andrew , what peter , what philip , what thomas , or iames , or john , or mathew , or any other of the lords disciples ; what ariston , and the elder john , disciples of the lord , had sayd . here hee stiles , not onely bishops , but even apostles elders . polycarpus , his companion and coaetanian , writes thus in his epistle to the philippians , ‡ be ye subject to presbyters and deacons as to god : let the presbyters be simple and mercifull in all things . now those whom hee here stiles presby●ers , s. paul expresly termes bishops , philip. 1. 1. justine martyr in his second apology , used neither the name bishop nor elder , but termes the minister onely , hee who is sett over the brithren , hee who holds the first place , in reference to the deacon , who held the second place , not to any elders of an inferior order to him . and least any one should dreame that iustine martyr here speakes of a bishop , tertullian , who lived neere about that time , or within few yeares , in his * apology writes thus ; praesident nobis probati quique seniores , &c. approoved elders ( not bishops ) are sett over us , having obtained this honor , not with any price , but by a good testimony . whence it is evident , that in his age , every christian congregation had divers elders , ( not one diocaesan bishop ) over it to feede and rule it , according to the practise of the apostles times , acts. 14. 23. c. 20. 17. 28 c. 21. 18. philip. 1. 1. 1. tim. 5. 17. tit. 1. 5. iames , 5. 14. 1. pet. 5. 1. 2. hence learned * apollinarius , cals the bishops and elders of the church of ancyra in galatia , presbyters . and ‡ clemens alexandrinus , relating the story of the young man delivered by s. iohn to a bishop , to traine up in the feare of god , twice together cals him , interchaingably , both a bishop and an elder ; as meridith hamner ( a bishop ) englisheth it . so * ireneus , one of the ancientest of all the fathers , stiles polycarpus bishop of smyrna . that holy and apostolike elder , yea hee termes the bishops of rome themselves elders , o they ( saith hee ) that were elders before soter , of the church which now thou governest , i meane anacletus , pius , hyginus , thelesphorus , and xystus , neither did so observe it themselves , neither left they any such commaundement unto posterity . and the same father adversus haereses . l. 3. c. 2. & l. 4. c. 43. 44. oftentimes * stiles bishops elders ; and elders bishops ; making presbyters equall to bishops in all respects , and successors to the apostles as well , as much as they . so dionysius alexandrinus , in his epistle to xystus , bishop of rome , about the yeare of christ , 240. writes thus : there was a certaine brother , reputed to be of our church , and faith , very aged , & priusquam ego etiam creatus episcopus , and created a bishop before , i was , and as i thinke , before blessed heraclas was made a bishop . where hee expresly termes this party , who was but a minister or presbyter onely in that church , a bishop , and saith , hee was created a bishop : when hee was but ordained a minister . and that famous gregory nazianzen ( three hundred and seventy yeares after christ , ) in his 9. 13. 15. 21. and 28. orations , p. 262. 357. 368. 479. as elias cretensis , in his commentary on those places testifieth , useth the words bishops and presbyter , reciprocally ; stiling bishops presbyters , and presbyters bishops ; making them all one by divine institution , and different onely by humane invention , which difference hee heartily wisheth , were abolished ; himselfe p voluntarily resigning his bishopricke of constantinople , to be take himselfe to a more private and retired life . the fathers therefore thus promiscuously using the name bishop and presbyter , stiling bishops presbyters ; and presbyters bishops , and making both of them one and the same by divine institution , their stiling of timothy and titus , bishops of ephesus and crete , is no argument or proofe at all , that they were diocaesan , or sole bishops of those places ; or that they had , or any bishops now have , by divine institution , any episcopall iurisdiction and preeminence over other presbyters or ministers , or were superior to them , in order , dignity or degree . fourthly , the greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which we english , a bishop , signifies properly nothing else , but an overseer , survayor , superintendent , or administrator , and is oft times applyed both by greeke authors , and the septuagint greeke translators to secular offices * hence . † homer , stiles hector ; the bishop of the city : in the verses of solon in demostenes , pallas is called the bishop of athens : plutarch in the life of numa , stiles venus the bishop over the dead , and hee there makes mention of a bishop of the vestall virgins . suidas records , that in the athenian republike ; those who are sent to the cityes under their jurisdiction , to oversee the affaires of their companions ; were called bishops . cicero in his seaventh booke to atticus , writes thus , pompey will have mee to be the bishop of all compagnia and the maritine coastes , to whom the choise and summe of the businesse may be referred . and in the pandects , the clerkes of the markets are called bishops . the septuagint numb . 13. read the bishops of the army ; ‡ 4. kings 11. they read ; the bishops who are over the army , and the bishops over the howse of the lord. where watchmen , guardians , and overseers , are called bishops , 2. chron. 34. the overlookers of the workemen , are stiled bishops ; iudges 9. zebul is called abimeleches bishop , in the greeke ; which we now english , his officer : so num. 4. 16. the office of eliazar , in the tabernacle of the lord , and the function of judas , psalm . 109. 8. is tormed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a bishopricke , by the septuagint ; and so expresly stiled by the holy ghost himselfe , and englished by us , acts. 1. 20. his bishopricke let another take , yea , constantine the greate ( as ‡ eusebius records in his life ) inviting some bishops to a feast , called himselfe a bishop in their presence , uttering these words , you sayth hee , are bishops within the church , but i am constituted of god a bishop without the church . our new translators , acts. 20. 28. render the greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( the title which hee gives to the elders of the church of ephesus ) overseers : luke . 19. 44. the time of gods visitation and overthrow of ierusalem , is termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. luke . 1. 6. 7. 8. c. 7. 16. heb. 2. 6. the greeke word which we translate , hath visited us , is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . whence the day of gods gracious visitation of his people to convert them to him in mercy , is called by the holy ghost , 1. pet. 2. 12. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the day of visitation ; yea our very visiting of sick persons , prisoners , orphanes and widdowes , is termed by christ and the holy ghost himselfe ( though a meere act of charity , humility , and christian duty , * not of jurisdiction and lordly prelacy , ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . math. 25. 36. 43. and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : iam. 1. 27. to visit or to play the bishops part and duty ; which the meanest christian , yea women ( though uncapeable , of sacred orders ) may doe and ought to performe , as well as any others . so intermedling with other mens affaires or couetting of any other mens offices of what condition soever , is termed by the apostle , 1. pet. 4. 15. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the playing as it were the bishop in another mans dioces . yea every ministers feeding and taking the oversight of his proper flock , is stiled , the doing of a bishops office : and those presbyters who doe thus , are not onely said to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 1. pet. 5. 21. that is , men executing the office and duty of a bishop ; but likewise stiled , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; that is , true and proper bishops : a name given onely to presbyters ( and none but they in holy scripture : acts. 20. 28. phil. 1. 1. titus . 1. 7. and to christ himselfe , who is stiled , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the bishop of our soules , 1. pet. 2. 25. but not to any apostle , euangelist , diocaesan , or other prelate ; none such being particularly termed , a bishop , ●hroughout the whole new testament : the fathers make bishops and overseers all one , deriving the very name of a bishop , from a greeke verbe , which signifieth to overlooke , watch , ward , or take care off . hence ‡ augustine writes thus ; hee did keepe , hee was carefull , hee did watch , as much as hee could , over those , over whom hee was set . and bishops doe thus . for therefore an higher place is set for bishops , that they may superintend , and as it were keepe the people . for that which in greeke is called a bishop , that in latine is interpreted a superintendent , because hee overseeth , because hee seeth from above . for like as an higher place is made for the vineyard keeper , to keepe the vineyard , so an higher place also is made for the bishops . and a perilous account is to be rendred of this high place , unlesse we stand therein with such an heart , that we may be under your feete in humility , and pray for you , that hee who knowes your mindes , hee may keepe you ; because wee can see you entring and going out , but yet we are so farre from seeing what you thinke in your heartes , that we cannot so much as see what you doe in your howses . how therefore doe we keepe you like men , as much as we can , as much as we have received . we keepe you out of the office of dispensation , but we will be kept together with you : we are as pastours to you , but under that pastor ( christ , ) we are sheep together with you : we are as teachers to you out of this place , but under that one master wee are schollers with you in this schoole . if we will be kept by him who was humbled for us , and is exalted to keepe us , let us be humble . * those set themselves before christ , who will be high here , where hee was humble ; let them therefore be humble here , if they will be exalted there , where hee is exalted . in another place hee writes thus ; * for this cause the apostle saith , hee that desires a bishopricke , desires a good worke . hee would expound what a bishopricke is : it is a name of labour not of honor . for it is a greeke word , and derived from hence , that hee who is made an overseer , overseeth those , over whom hee is set , namely by taking care of them . for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is over , but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is intention , overseeing or care : therefore if we will render 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in latine , we may say it is to play the superintendent ; that hee may understand , that hee is not a bishop , who delights to be over others , but not to profit them . on which words ludovicus vives thus comments ; the name of a bishop is derived either from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which signifieth to consider , or from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which signifieth the same and to visit . whence s●idas saith , there were some sent from the athenians to the cities under them , who should looke into their affaires : and these were called bishops , that is , as it were overseers , or visitors , and observers . in holy scriptures , a bishop is commonly called , a watchman , as in ezekiel . 3. 17. c. 33. 2. 6. 7. and in hosea . 5. 1. the lord complaineth that the bishops were made a snare on mizpah ( or in the watch tower , ) and a net spread upon tabor ; as if hee had spoken of the † bishops of this age , who lay snares in their bishoprickes and large nets to catch many , but not with thinne holes or threades , least the gift should swim thorough : yea now it is so provided by the diligence and wits of certaine men , that without evasion of this law , a bishopricke may not onely be lawfully desired , but likewise bought and sold . s. chrysostome in his 10. hom. upon the 1. tim. s. hierom in his epistle to evagrius , beda on the 1. pet. 2. 25. anselme on phil. 1. 1. aquinas secunda secundae : qu. 184. art. 6. petrus de palude . de potest . coll. apostol . art. 1. ( all cited by bishop iewell in the defense of the apologie of the church of england , part . 6. c. 2. divis . 1. p. 523. ) and s. bernard also , de consideratione ad eugenium , l. 2. & 3. joyntly resolve ; that a bishop is nothing else , but a superintendent , watchman , or overseer , and that hee is called a bishop from hence , that hee overseeth , survaieth , or watcheth over others , with which all other ancient and moderne writers , whether forraigne or domestique , papists or protestants accord . heare onely doctor iohn ponet bishop of winchester , in his apology against doctor martin , in defence of preists mariage , c. 4. 5. p. 44. 52. 53. 54. who as hee there expresly reckons up popes , cardinals , bishops , preists , monkes , canons , friers , &c. to be the orders of antichrist ; * taxing them likewise severely and comparing them with the eustathian heretickes for refusing to weare usuall garments , and putting upon them garments of strange fashions , to vary from the common sort of people in apparell : so hee thus determines of the name bishop and superintendent : and further whereas it pleaseth martin not onely in this place , but also hereafter to est at the name of superintendent , hee sheweth himselfe bent to condemne all things that be good , though in so doing ●ee cannot avoyd his open shame . who knoweth not that the name bishop hath so beene abused , that when it was spoken , the people understood nothing else , but a great lord , that went in a white rochet , with a wide shaven crowne , and that carrieth an oyle boxe with him , where hee used once in 7. yeare riding about to confirme children , &c. now to bring the people f●●m this abuse , what better meanes can be d●v●s●d then to teach the people their error by another word out of the scriptures of the same signification : which thing by the terme superintendent would in time have beene well brought to posse . for the ordinary paines of such as were called superintendents , should have taught the people to understand the duty of their bishop , which you papists would faine have hidden from them . and the word superintendent being a very latine word made english by use , should in time have taught the people by the very etymology and proper signification , what things was meant , when they heard that name which by this terme bishop , could not so well be done , by reason that bishops in the time of popery were overseers in name , but not indeed . so that their doings could not teach the people their names , neither what they should looke for at their bishops hands . for the name bishop , spoken amongst the unlearned , signified to them nothing lesse then a preacher of gods word , because there was not , nor is any thing more rare in any order of ecclesiasticall persons , then to see a bishop preach , whereof the doings of the popish bishops of england can this day witnesse ; but the name superintendent should make him ashamed of his negligence , and afraid of his idlenes , knowing that s. paul doth call upon him to attend to himselfe and to his whole flock , of the which sentence our bishops marke the first pecce right well , ( that is , to take heed to themselves , but they be so deafe , they cannot hearken to the second ) that is , to looke to their flock . i deny not , but that the name bishop may be well taken , but because the evilnes of the abuse hath marrid the goodnesse of the word , it cannot be denied , but that it was not amisse to joyne for a time another word with it in his place , wherby to restore that abused word to his right signification , and the name superintendent is such a name , that the papists themselves ( saving such as lack both learning and wit , ) cannot finde fault withall . for peresius the spaniard and an archpapist , ( out of whom martin hath stolen a great part of his booke ) speaking of a bishop , saith : primum episcopi munus nomen ipsum prae se fert , quod est spperintendere , episcopus enim superintendens interpreta 〈…〉 visitans aut supervidens , &c. that is to say : the cheife office of a bishop by interpretation , signifieth a superintendent , a visitor , or an overseer . why did not martin as well steale this peece out of peresius , as hee did steale all the common places that hee hath for the proofe of the canons , of the apostles , and of traditions in his second and third chapters ? martin in the 88. leafe is not ashamed in his booke to divide the significations of the termes , ( bishop and superintendent , ) as though the one were not signified by the other . but it may be that martin as the rest of the popish sect would not have the name of ( superintendent ) or minister used , least that name which did put the people in remembrance of sacrificing and bludsapping , should be forgotten . since therefore this title b●shop , is thus promiscuously used , both in prophane and christian writers , and in the scripture it selfe , for any officer , overseer , survayer , superintendent , watchman , guardian , pastor , or keeper , as well temporall and civill , as ecclesiasticall , and all these their offices stiled in greeke , a bishopricke : since every pastor , watchman , presbyter , minister , rector , and curate , who takes care of , watcheth , feedeth , overlooketh , instructeth , or keepeth the flock and people committed to his charge , is even in the scriptures language called a bishop , and said , to act , to doe the office of a bishop : since those who out of charity , love , or freindship goe to visit others , who are either sicke , poore , fatherlesse , or otherwise distressed , and god himselfe when hee comes , to punish or shew mercy unto others , are in the greeke and scripture phrase , said , to visit and play the bishops ; as appeareth by the forecited scriptures , and by acts. 15. 36. where paul said to barnabas 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which we translate , let us goe againe and visit our brethren , in every city , where we have preached the word of the lord , and see how they doe . from which text the * rhemists would make bishops , ordinary visitation , to be jure divino ; but this was no lordly episcopall visitation such as our bishops now keepe , for we read of no visitation articles , oathes , fees or presentmens in it ; neither were paul and barnabas bishops , but it was a meere visitation of love , as one freind visits another , not of jurisdiction , as the last words : and see how they doe , together with the councell of laodicea , can. 57. expound it , and verse 14. symon hath declared how god 〈◊〉 at the first 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 did visit the gentiles , to take out of them a people for his name . and acts. 7. 23. when moses was full 40. yeares old , it came into his heart 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to visit his brethren , the children of israell ; and since these words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ( that is ) to visit , oversee , or play the bishop , ‡ imply no lordship ; soveraingty , dominion , jurisdiction , or lordly episcopall authority in them , ( at least no such as our bishops now claime and exercise : ) but rather an act of humility , charity , service , and inferiority to the persons visited , as is evident by mathew 25. 3. 6. 43. acts. 7. 23. c. 15. 36. iam. 1. 27. heb. 2. 6. 1. pet. 5. 2. 3. 5. it hence unanswerably followes , that bishops episcopall lordly visitations , are not iure divino , and that other ministers are as much visitors , and may visit as well as they , that every presbyter , minister , curate who doth faithfully discharge his duty , * is as much , as truly , as properly a bishop , both in the scriptures language and in gods account , as any diocaesan bishop or prelate whatsoever ; that those bishops who merge themselves in pleasures , idlenesse , or secular affaires , and doe not diligently , faithfully , intirely give themselves to preach gods word , instruct and teach the people , visit the fatherlesse , imprisoned , sicke , poore , widdowes , and flockes committed to them ; ( which few of our prelates now deine to doe ) are * in truth , in gods , in christs account , and in the scriptures language , no bishops at all , what ever they pretend ; that the word bishop , is ‡ not a title of dominion , soveraingty , jurisdiction , glory , power , preheminency , pompe , state , authority , and commaund , ( as our bishops , who now presume to monopolize it to themselves alone , though common 〈…〉 god 's word and ancient writers to every minister , pretend , ) but of humility , office , service , labor , care , circumspection , watchfulnesse , meeknesse , tender-heartednesse , charity , familiarity , and brotherly kindnes , ( which most prelates have now quite shaken off . ) the fathers stiling therefore of timothy , bishop of ephesus , or titus bishop of crete , or bishops , will neither proove them to be diocaesan ; or sole bishops of those churches , or that they had a superiority or iurisdiction as they were bishops over all other ministers or presbyters in those churches ; or that archbishops or bishops are iure divino superior to , or different in order or degree from presbyters , who have the selfesame commission or authority , given them by christ , as they ; and so have equall authority with them , and are as much bishops every way by gods law , as they ; even as every high commissioner of the quorum , is as much an high commissioner as the archbishop of canterbury or yorke , and hath as much authority as an high commissioner , as they ; since they have all the selfesame commission , which gives no greater power to one of them then the other , but the same to both . indeed had christ given a different commission to his apostles and the seaventy disciples , or to timothy and titus , then to other elders and bishops of the churches of ephesus and crete , or to bishops , then hee hath given to presbyters and ministers , there might have beene some ground to have prooved the 12. apostles , timothy , tytus , and bishops , greater in iurisdiction , power , authority , and degree then the 70. disciples , presbyters , and other ministers , by divine institution . but since it is apparant by * the scriptures , that the 12. apostles and 70. disciples ( what ever ‡ some men have rashly determined to the contrary ) had but one and the selfe-same commission given unto them by christ ; that timothy , titus , archbishops , bishops , and other prelates have no other , no larger patent , commission or authority granted unto them by christ , then presbyters and ordinary ministers , ( as the booke of ordination manifests : where the same words are used , the same commission given from god , to ministers at the ordination of every minister , as there is to bishops at the consecration of any archbishop or bishop ) since they are all joyned together in one and the selfesame divine charter , and all claime by one and the selfesame grant , ( as is evident : by math. 28. 19. 20. marke . 6. 15 , 16. iohn . 20. 22. 23. acts. 1. 8. c. 10. 47. c. 20. 17. 28. col. 4. 17. 1. tim. 3. 1. to 7. c. 4. 12. 13. c. 5. 17. 18. 20. 21. 22. c. 6. 11. 12. 17. 18. 19. 20. 2. tim. 2. 14. 15. 16. c. 4. 1. to 16. tit. 1. 5. to 14. c. 2. 1. to . 15. c. 3. 1. 2. 8. 9. 10. 1. pet. 5. 1. 2. 3. 4. 5. 2. pet. 1. 12. 13. 1. cor. 1. 12. 13. 17. c. 3. 4. 5. to 11. 21. 22. c. 4. 1. 6. 7. 17. c. 9. 16. 17. c. 13. 29. 30. 31. 32. ephes . 4. 11. 12. with other scriptures ) it is most apparant , and undeniable , that by gods word and institution , they are all equall , both in point of office , power , iurisdiction , and authority , not one of them greater , higher or superior then the other , having the selfe-same divine ordination , commission , office , and charge . finally , * eusebius records onely , that timothy is reported to be the first bishop of ephesus , and titus of the churches in crete : so that all the fathers authorities , ( who follow eusebius , ) are grounded onely upon this bare report , not upon any certainty ; therfore not to be granted or relyed on . the rather , ‡ because there have beene anciently in crete no lesse then 4. archbishops , and 21. bishops , suff●●aganes : now it is very improbable that paul would institute titus archbishop or superintendent generall of all crete , it being so large a circuit , having so many archbishops and bishops sees within it , and hee so little resident in , so often absent from it , as i have manifested in the premises . from all which i presume , i may safely conclude this second question against the common received errour , that titus was never bishop or archbishop of crete , what ever our prelates and their favourites have written to the contrary : and so timothy being neither a diocaesan bishop of ephesus , nor titus of creet , the pretended hierarchy of our prelates iure divino , built onely upon the * sandy foundation of these two supposed bishops bishoprickes , must needs now fall to ruine ; and they being now lifted up so high aboue their fellow brethren , their fall must certainly proove very great . they have long since , ( many of them ) forsaken god , the teaching of his word , the chiefe part ‡ of their spirituall functions , banded themselues against his truth , ministers , people , and the preaching of his gospel , which they suppresse and put downe in all places ; yea such is their desperate impiety , that whereas in all former times of plages and pestilence , ( yea in * 1. iacobi and caroli ) there hath beene by publike authority a speciall day of fasting , prayer , preaching , and humiliation appointed every weeke ( especially in infected places ) to divert gods heavy judgements , as the chiefe antidote against all plages and judgements , prescribed by god himselfe , yet now they are growen such open fighters against god , religion , the spirituall , the temporall good and safety of the people , that to prevent the plague , ( as they pretend , but in truth to increase it more , and to suppresse preaching , piety and religion ) they begin to put downe all weekeday lectures , and lords day sermons in the afternoone , ( as if gods publike ordinances and service , the best remedie against , were a meanes to increase and spread , not stay the plague ) yea they debarre † ministers from using any prayers at all after their sermons , or any other prayer before them , then what the 55. canon prescribes , in which there is not a word of prayer against the plague , drought , famine , sword or pestilence . by meanes whereof , inhibiting ministers thus to reproove the people for their sinnes , which provoke gods wrath and judgements at this present , & so to bring them to repentance for them f by their preaching ; or to pray against the plague and other judgements of god , which now lie hard upon the kingdome , which these sinnes have occasioned ; and hindring that publike weekely fasting , preaching & prayer , which god by his judgements * now calls for at our hands ; they have made not onely the kingdome , but themselves especially , ripe for ruine . and being now for these their atheisticall godles practises , their enmity to god , his truth , his faithfull ministers and people , their lordlines , tyranny , pride , oppression , wordlines , prophanes , and irreligion fallen under the very g execration of god himselfe , and h the curses of his people , who day and night crie for vengeance against them , as gods sworne and most professed open enemies ; and having no divine foundation , prop , or pillar now left , where with to support their tottering thrones and miters , needs mu●● they shortly , like that ‡ high preist ely , fall from their high-towring seates backward , and so breake their neckes , to the ioy of all gods people , whom they now by their persecutions and innovations so much oppresse ; even so let all thine enemies perish , o lord ; but let them that love thee , be as the sunne , when it goeth forth in his might . a post-script . our famous * martyr iohn purvey , in king henry the fourth his raigne , delivered this position , touching the preaching of the gospel ; that whosoever receiveth or taketh upon him the office of a preist , or of a bishop , and dischargeth not the same by the example of his godly conversation and faithfull preaching of the gospel , is a theife , excommunicated of god and of holy church . and further , that if the curates preach not the word of god , they shal be damned , and if they know not how to preach , they ought to resigne their livings , ( as ‡ pope celestine the fifth , * adelbartus the second , bishop of prague , daniel the 6. and firthstane the 23. bishop of winchester , john the 5. and thurstan the 28. archbishop of yorke , thomas spofford the 56. bishop of hareford , besides sundry others before-cited , resigned their bishoprickes . ) so that those prelates , which preach not the gospell of christ ( although they could excuse themselves from the doing of any other euill ) are dead in themselves , are antichrists and satans , transfigured into angels of light , night theives , manquellers by daylight , and betrayers of christ his people . what then shall wee thinke or judge of many of our present lordly swaying english prelates , some of which never preached since they were made bishops ; others , not once in a dozen yeares ; others , but once in a yeare or two , & that not in their diocesse to their people ( where many of them never yet preached , ) but at court ; few of them above once a quarter , or once a moneth at most ? where as ‡ s. ambrose , e s. augustine , f s. chrysostome , g cyrill of ierusalem , with h other bishops heretofore , and i bishop hooper , and k bishop ridley in king edward the 6. dayes , preached once or twice every day of the weeke without faile or intermission . yea what shall wee say of those bishops , who now everywhere put downe lectures and preaching , both on weekedayes and lordsdayes , to suspending , silencing , excommunicating , imprisoning , depriving the most powerfull , painfull , faithfull godly ministers in all their diocesse ; for no offence either in life or doctrine , for no violation of any ceremonies by law established , but meerely for not subscribing to their late popish innovations , illegall injunctions and commaunds , warranted by no law of god or man , the sole pretended cause , yet in truth out of their desperate hatred to the sincere , frequent , powerfull preaching and preachers of gods word ( which seemes to condemne their idle , secular , lordly , vitious lives and practises , ) to the progresse , power , and growth of our religion , and salvation of the peoples soules ? nay , what shall we iudge of that proud insolent regulus and imperious prelate mathew wren , bishop of norwich , who hath not onely put down many famous worthy preachers , and all lectures throughout his diocesse , both on the weekedayes , lordsday evenings ‡ , yea and in the morning too in many places , and silenced divers ministers of cheifest note , for not conforming to his strang●novell magisteriall innovations and late visitation articles , printed and published ( like an absolute monarch , king and pope ) in his owne name , & by his owne authority alone , in affront of his majesties * lawes and ‡ declarations , for which hee hath incurred a praemunire ; but likewise very freshly since his late coming to ipswitch ( where he hath silenced 7 preachers , and hath no sermon at all oft times on the lordsday in his owne parish church , ) commaunded the sexton of one mr. scots church in ipswitch ( a reverend ancient conformable o minister , whom hee hath suspended vpon no lawfull occasion ) to blott out this sacred sentence of scripture ( most proper for that church and place it stonds in ) painted on this church-wall over against the pulpit , ( which scripture i wonder any bishop or minister can thinke off , and yet forbeare to preach or put downe preaching . ) p for necessity is layd upon me , yea , woe is me if i preach not the gospell ? an insolency , an impiety , that no age can parallell . certainly he that would command this scripture thus to be rased out of the church-wall , would as gladly obliterate and rend it out of the church-bible too , and have neither preaching , preachers ( and i feare neither reading nor readers ) of the gospell , nor yet the gospell it selfe in being , were it in his power utterly to suppresse them ; as this prelate hath made a large beginning and progresse for this purpose . this notable late fact of his , makes me the lesse to wonder , at the most insolent exploict of henry dade ( the archbishop of canterburies surrogate for ipswitch ) who about september last past solemnely excommunicated the churchwardens of s. maries of the tower in that towne , in the archbishops name ( i hope without his privity ) for not blotting out upon his commaund this sentence of scripture written on that churches-wall over the place where hee keepes his spitefull ( i should say spirituall ) court , ( which scripture is recorded by two prophets and three euangelists , and most proper for the church by our saviours owne resolution . ) q it is written , my house shall be called an house of prayer to all people , but yee have made it a denne of theives . which excommunication hee is so farre fro disavowing or being ashamed off , that hee not onely refuseth to absolve the churchwardens , but also hath most audaciously pleaded it in barre of an information brought against him by ferdinando adams , one of the church-wardens in the court of starre-chamber ; for which presumption alone were hee guilty of , and there charged with no other crimes ( as hee is with other foule ones , against his ‡ maiesty and the whole state , & severall extortions on the subiects ) that court most iustly may , and i presume will deeply fine and censure him , for daring to grant out and plead such an impious execrable excommunication in any court of iustice , to the very shame and obloquie of our religion , church , state , and insufferable scandall of that great arch-prelate , in whose name and colour of authority it is granted ; who should doe well ( for his owne justification to the world ) to hang up such a surrogate for a president to all others , and such a suffragan bishop too , who beare such spleen to these holy parcells of scripture , as to rase them out of the church it selfe , though set vp by the expresse command of the homilies , of repairing and keeping cleane churches , and of the right ▪ vse of the church ( which recite and prescribe these latter text , as most proper for it ) the canons 1571. p. 19. & 1603. canon 82. and here i cannot but stand amazed at these proceedings . for the surrogate will not endure the church , neither to be or called an house of prayer : but his courthouse causing this scripture to be actually dashed out of the church ; and the other will not suffer it to be or reputed an house of preaching ; neither of them will admit these two textes of scripture , to appeare therein , ( no not on the bare wall where they are no hinderance ) which intimate and declare it to be both an house of prayer and preaching too . and if the church must now be neither an oratory , nor an auditory , neither an house of prayer , nor preaching , though our p homilies and q postillers define it to be both , i know not what they will make of it , but ( what they begin to make their church-houses in many places ) a direct denne of theives , as our saviour termes it , or else an house of r piping , minstressie , dauncing and revelling : they having made the lordsday sacred sabbath , such a day already ; justifying both in their visitation articles and printed bookes ; that dancing , piping , morrisses , wakes , ales , sports and bacchanals , are meet exercises for this holy day , and so no place fitter for them then the church ; appointed principally for the s dueties and publike exercises of the sabbath day ; to the strict entire sanctification whereof by religious dueties our prelates are such enemies , that they not onely silence , suspend and excommunicate such godly ministers , who out of conscience dare not joyne with them in encouraging their people to prophane it , and punish those for conventiclers , who after divine prayer and sermons ended , meet together to repeat their ministers sermon , read chapters , sing psalmes , conferre or pray together , as they are taught by * s. chrysostomes and † bishop iewels doctrine ; but one of them ( d. peirce the now bishop of bath and wels by name , ) enioyned the church-wardens of batcombe ( in mr. barnards parish in somersetshire ) vnder paine of excommunication , to expunge this scripture ( anciently painted on their church-wall ) quite out of the church ( isa . 58. 13. if thou turne away thy foote from the sabbath from doing thy pleasure on my holy way , and call the sabbath a delight the holy of the lord , honorable and shalt honour him , not doing thine owne wayes , not finding thine owne pleasure , not speaking thine owne words . then shalt thou delight thy selfe in the lord , &c. stiling it , a * iewish place of scripture , not fit to stand or be suffred in the church : ( and by the same reason not sufferable in the bible , for the correcting whereof our prelates may doe well to joyne with the b papists in making an index ex purgatorius , as they intend and giue out publikely they intend to doe on all ancient english writers ) which scripture the church-wardens refusing to blot out , the bishop like an heroïcall prelate , r●de thither 〈◊〉 〈◊〉 with a plaisterer to see it wiped out himselfe ; such hideous monsters of impiety , blasphemy and irreligion , ( that i say not atheisme ) are this last generation of our holy domineering prelates growen ; who must now for ever cease to affirme or boast their episcopall supremacy , authority and iurisdiction to be jure divino , since by vertue thereof they thus presumptuously take upon them ( a straine beyond the papists ) to blot jus divinum , the very law of god and gospell too , out of the house of god it selfe . and can wee then wonder at those immoderate droughts , those watry seasons , those devouring spredding pests and c plagues , with other publike and personall judgements of god , which wee have lately felt and suffred , and are like to tast of in a sharper maner , when such monstrous impieties as these , thus plublikely breake forth , without either shame or reprehension in those who stile themselves the pillars ( being in truth the caterpillars ) and holy fathers ( in verity the unholy step fathers ) of our church , from whom d prophanesse is gone out and spread over all the land ? certainly if wee consider onely the lives and practises of our bishops ( that i speake not of any others ) how they now openly fight against god , his word , his ministers , ordinances , worship , people , grace , holines , yea morall vertue , honesty , civility , and that with both hands , both swords at once ; wee may rather wonder that the lord himselfe doth not visiblie descend * from heaven , and raine downe fire and brimstone on us , as hee once did on sodome and gomorrah , and then tumble vs all headlong into hell , yea our archbishops , bishops and prelates specially , may justly feare hee will strike them all quite dead with plague , as hee did pope lucius the second ( who died of the pestilence , ) * pope caelestine the second ( swept away with the same disease , both within the compasse of two yeares , ) a wichardus arch-bishop of canterbury elect , ( who going with great presents from king oswy unto the pope to rome , to fetch thence his pall and conse 〈…〉 ion , hee and most of his company there perished with the pest , ) * thomas bradwardin , archbishop of canterbury an. 1348. the bishop of marselles and all his chapter an. 1348. b daniel the 13 bishop of prague anno 1116. the bishope of par 〈…〉 , rhegium and millain , anno 1085. with many other archbishops and bishops forecited , heretofore ; that they might no longer be an insufferable plague and burthen to the earth , or provocation and greivance even to heaven it selfe ; or else deale with them in that exemplary way of iustice , as hee did with * thomas arundle ( archbishop successively both of yorke and canterbury ) one of their predecessors , a greivous persecutor of gods people , and great silencer and suspender of his ministers ; who occupying both his tongue , his braines and episcop●ll power ( as too many of his successors have done since ) to stop the mouthes and tye vp the tongues of gods ministers , and hinder the preaching & course of gods word , was by gods just judgmēt , so stricken in his tongue ( with which hee had oft staundered the poore ministers , & saints of god , as seditious factions people , rebels & conventiclers to k. henry the fourth , ( as some of his rochet doe now to his maiesty ) that it swelled so bigge he could , neither swallow nor speake for some dayes before his death , much like after the example of the rich glutton , and so hee was starved , choked and killed by this strange tumor of his tongue . this ( say all the marginall writers ) was thought of many to come upon him by the iust hand of god , for that hee so bound and much stopped the word of the lord , that it might not be peached in his dayes . our prelates now have farre greater cause then hee had then , to feare gods iudgements in this , or a more grievous nature , and that in these regards . first , because they have his example , with ‡ many other like presidents of divine revenge upon persecuting , truth-suppressing prelates , to wante and terrifie them , which this prelate never heard of : and so are more inexcusable then hee . secondly , because his silencing of the preachers and hindring the preaching of the gospell , proceeded rather from error , ignorance of the truth , and misguided zeale ; then malice or hatred against the gospell , ministers , and professors of it ; but our bishops proceedings in this kinde , proceeds from direct and willfull malice and emnity against the truth , gospell , ministers , and saints of god , against inward conviction and the testimony of their owne consciences staring them in the face ; the very * sinne against the holy ghost himselfe , or next degree thereto , into which they are dangerously fallen . thirdly , because hee persecuted , silenced , or suspended none that professed the same truth , faith and doctrine ; which hee and the church of england then embraced ; but onely those whom hee and the church of england then deemed both heretickes and schismatickes . but our prelates now silence , suspend , excommunicate , deprive , imprison , persecute those , who professe and maintaine the established doctrine and discipline of the church of england , which themselves pretend to defend and strive for ; those who are members , yea pillars of our owne orthodoxe church and neither seperate from it in point of doctrine nor discipline , being likewise altogether spotles , innocent , undefiled in their lives , even because they preach , and defend gods truth , and the doctrines , the articles of the church of england against papists , arminians , and superstitious romanizing novellers : ( a thing so strange , that the like was never heard or read off in any age , church , state , but ours onely ; yea a thing so detestable , as not found among the savage ‡ b 〈…〉 ite beasts , as tygers , lyons , wolves , beares , who ever hold together and prey not one upon the other . par●it cognatis maculis similis fera , being as old as true , and therefore most monstrous , most detestable in our christian church , and prelates , who must needs expect the extremity of gods judgements to light upon them for it . fourthly , because hee put downe preaching , and silenced gods ministers in times of health and prosperity onely ; but our prelates even now in this time of sicknesse and mortality , when god in speciall maner cals upon them , * to crie aloude and spare not , to lift up their voyces like a trumpet , and shew the people their transgression , and the howse of jacob their sinnes : yea which is the hight and upshot of all impiety , they take advantage of this present pestilence and mortality , to put downe all lectures and preaching , when as all former ages have set them up , together with prayer and fasting to , as a ‡ speciall anti 〈…〉 and preservative * against the plague , which they now pretend to be a meanes to spread it . an impiety that heaven and earth may well stand am●azed at , and future ages will hardly credit ; yea the very capitall sinne of which the iewes were guilty , f who both killed the lord jesus , and their owne prophets , and persecuted and chased out , ( as the margin renders it ) the lords ministers , forbidding them to preach to the gentiles that they might be saved , to fill up their sinnes alway ; for the wrath is come upon them to the uttermost : a text which should smite through the loynes and hearts of all persecuting prelates and silencers of gods ministers , who prohibit and put downe preaching , the cheife and most principall office , whereunto preists or bishops be called by the auehority of the gospel , as all the bishops and whole clergy of england have resolved in the * institution of a christian man , dedicated by them to king henry the 8. and subscribed with all their names , as the very councell of trent it selfe hath deemed in these words : * praedicationis munus episcoporum praecipuum est ; as the church of england herselfe in the homily of the right use of the church , p. 3. 4. 5. and before them all our ‡ saviour christ himselfe his prophets and apostles have past all dispute concluded . i shall therefore desire these dumbe silencing and silent prelates , ( who would have all other ministers as lasie mute and silent as themselves , favouring all dumbe dogs that neither will not , nor cannot preach , and persecuting none but the most painefull preachers , a thing well worthy noting , discovering their emnity to be directly against preaching and the gospell ; ( to remember that of master * tyndall our godly martyr , that b●shops who persecute their owne office of preaching ( for and by which they hold their 〈◊〉 bishoprickes ) are not worthy of it , nor sufferable in it : and that bishops or preists that preach not , or that preach ought save gods word , are none of christs nor of his anointing ( therefore not jure divino ) but servants of the beast , whose marke they beare ; whose word they preach , whose law they maintaine , cleane against gods law : and therefore both ministers and people must and will henceforth call and deeme them such . as for * those ministers most unjustly silenced , suspended and excommunicated by them , who now basely sit downe silent under their suspensions , when as they should goe 〈◊〉 couragiously in their ministery in despite of them , i shall desire them onely to consider . first , the q example and answer of the apostles themselves , who when they were commaunded by the high preists , elders and whole councell of the jewes ( who had as much or more power over them then any bishops have over ministers at this day ) not to speake at all or teach in the name of jesus , gave this answer ; wee ought to obey god rather then men ; whether it be right in the sight of god to hearken unto god more then unto you , judge yee ? for we cannot but speake the things which we have seene and heard : and though they were thrice expresly inhibited from preaching , yea imprisoned and beaten for violating these prohibitions , yet they dayly in the temple in everi howse ▪ ( which now forsooth must be a conventicle , i am sure an apostolicall one ) they ceased not to preach and teach jesus christ , filling jerusalem and every place with their doctrine , the very angel of god himselfe commaunding them to doe it . if then the whole senate of the high preists and elders , their terrible prohibitions and suspen●ions , yea their imprisonments and stripes could neither keepe nor de●erre the apostles from preaching ; why should our bishops threats , suspentions , 〈◊〉 most unjust illegall censures ( warranted by no statute , law ot commission from his majesty ) hinder our ministers from their duty ? secondly , the example of our owne godly † martyrs , who both their doctrine and example taught and professed , that ministers ought not to give over preaching for any unjust suspension , excommunication , inhibition , censure or persecution whatsoever , either of the pope himselfe or of any other prelate , going on boldly to preach the gospell , maugre all inhibitions , menaces , imprisonments and penalties to the contrary , though fire and death it selfe . whereupon they never would give over their preaching upon any prelates inhibition , no not in their prisons , where master bradford and others preached twice every day . and shall our eminentest ministers now in the sunne shine of the gospell under a most gratious prince , be more pusillanimous , base and cowardly then these godly martyrs were even in times of darknesse under popish princes , prelates and tyrants , when it was death to professe and preach the truth , which now ( god be thanked ) it neither is , nor can be ? god forbid . thirdly , that position of our godly martyr , master john wicklife ( excellently defended and notably proved by iohn hus at large in the schoole of prague , as all may read at leisure in * master fox : ) that they which lea 〈…〉 off preaching and hearing of the word of god for feare of any excommunication , threatning , persecution , or imprisonment , threatned , or inflicted by the pope , or any other whatsoever , are already excommunicate by god himselfe , and in the day of iudgement shall be accounted the betrayers of christ ; which is so well prooued and defended by hus , that all godly ministers and people must subscribe thereto . and who of all our late suspended ministers , would be either accounted here , or adjudged hereafter , a man excommunicated of god , and a betrayer of christ , yea of the very word of god , of religion it selfe , and of the soules committed to his cure , who are slaine for lacke of spirituall food , whiles they out of a slavish feare , of i know not what or whom , sitt mute and silent , and become so many laughing stockes to our prelates , who would be terrified , daunted and repulsed by their godly courage . * fourthly , that popish preists and iesuites dare say masse , and preach in a maner publikely , though a thing unlawfull and expressely prohibited both by the lawes of god and the realme , and no lesse then ‡ high treason , for which capitall punishments are prescribed . if these miscreants and generation of vipers then have so much courage , for their false and trayterly religion , that they will not be silenced , nor scared from preaching , neither by lawes , nor capitall punishments ; how much lesse then should zealous faithfull ministers of the gospell , contrary to gods lawes and the realmes , give over their ministrie and preaching , upon the bare illegall suspension or excommunication of a lordly bishop , warranted by no law nor statute of the realme , nor any patent or commission from the king , and so no colour for any to obey or submit thereto ? fiftly , what a great blow and wound they have given to religion , what great discouragement and ill example to their people and fellow ministers ; what losse and prejudice to their flockes , what encouragement to iesuites , seminaries , papists and domineering prelates , who gett heart & head by their faintheartednes yeelding , silence and submission , encroaching every day further on their liberties , consciences and religion , so that they have brought themselves and others into a meere vassalage to the bishops unruly lusts and pleasures ; all which their opposition and contemning of these their suspen●ions and excommunications , beeing * meere nullities in law ( for want of a commission from his maiesty a lawfull ground , a due maner of proceeding , and his maiesties stile and seale ) had prevented , and may yet chance to remedie . sixtly , that a * necessity is layd upon them , euen by god and christ himselfe , to preach the gospell , and to be instant in season and out of season , and a temporall and eternall woe denounced against them , if they forbeare or give over to doe it upon any unjust inhibition whatsoever , which can neither nullify , controll nor dispense with the commaunds of god. how then can they avoyd or shunne this woe , if the frowne or unjust suspension of a prophane unpreaching domineering prelate , may restraine them from this duety , or dispense with this most serious taske imposed on them * from heaven it selfe . seaventhly , that solemne charge that was given them in the name and behalfe of christ himselfe , yea of the whole realme and church of england , and that solemne promise they made before god and the congregation , when they were first made ministers ; to wit , * that as they would answer it before christs tribunall at the great day of judgement , they should and would teach , premonish , feed and provide for the lords flocke , for whom hee shed his blood , and never their labovr care and diligence herein , untill they had done all that lyeth in them , according to their bounden duety , to bring all such as were or should be committed to their charge , unto that agreement of faith and knowledge of god , and to that ripenes and perfectnes of age in christ ( which none of them hath yet done ) that there should be no place left among them , neither of errour in religion , or for viciousnes of life ; and that for the same cause they should and would forsake , and sett aside ( as much as in them lyeth ) all worldly cares and studies , and give themselves wholly to this thing , and draw all their cares and studies this way and to this end , and that they should and would preach , and be faithfull dispensers of gods word in their congregations ; which charge being layd upon them by the bishop at their ordination in the name of christ , by the whole * church and state of england , and the booke of ordination ( confirmed by three severall acts of parliament , the 8 canon , and their owne subscriptions to it ; ) and they particularly promising in a most solemne maner , to performe it to the ●ttermost of their power . how any bishop can by law suspend them from preaching as long as they continue ministers , and are not actually degraded or deprived of their livings , for some just or lawfull cause , warranted by an expresse act of parliament ; or how any godly minister in point of law or conscience , can give over his preaching or ministry upon any unjust suspen●ion , inhibition , excommunication or commaund of any bishop , visitor , or ordinary ( who cannot countermaund this charge or booke of ordination , ratified by 3 acts of parliaments ) i cannot conjecture . finally ; that if ministers will thus suffer , every bishop at his pleasure , without any speciall commission from his maiesty , vnder the great seale of england , or any just cause in point of law , upon every humor , fancy , or new minted article of his owne ( which by the statute of 25. h. 8. c. 19. and the 13. canons resolution , yea and his maiesties too , in his declaration before the 39. articles , hee hath no power to make ) to suspend , excommunicate , and put them downe from preaching , then it will be in the bishops power to suppresse and alter religion at their pleasure , without his maiesties or a parliaments assent , and so all shall hang vpon their wills , who have no power at all , either by the lawes of god or the * realme , to institute any new rites , ceremonies , articles , canons or injunctions , or to alter or innovate any thing in religion , much lesse to suspend or silence ministers ? wherefore in case our prelates presently revoke not these their anti-christian , illegall suspen●ions , inhibitions , injunctions , or other censures , to hinder ministers from preaching , i hope every godly minister , who hath any care ; either of his owne soule , liberty , people , any love at all to god or religion , any zeale or courage for the truth , or desire of the good , either of church or state , taking these considerations into his thoughts , and finding the bishops jurisdiction and proceedings to have no lawfull warrant , either from the lawes of god or man , will readily protest both against their usurped authority and proceedings , as meere nullities and vanities , and proceed to preach , pray , and doe his duetie , as the apostles and * martyrs did of old , without any feare or discouragement ; that so gods judgements , plagues and punishments , which the prelates late practises , with the ministers silence and cowardize , and all our sinnes have drawen downe upon us , may be asswaged and remooved , and wee may ever retaine the ordinances and word of god among vs , in purity , power , sincerity and plenty , both to our present and future happines . i shall close all with this syllogisme . that calling , authoritie and jurisdiction , which obliterates , persecutes , suppresseth , oppugneth the very law , gospell and word of god , with the frequent powerfull preaching , preachers and professors thereof is doubtles , not of divine right or institution , but anti-christian and diabolicall , 1. thess . 2. 14. 15. 16. rom. 2. 13. 10. iohn 8. 39. to 48. 1. tim. 3. 1. to 7. tit. 1. 5. to 10. but this doth the calling , authority and jurisdiction of lord archbishops and bishops , as the premises , and all stories witnes , especially our booke of martyrs . therefore it is doubtles not of divine right or institution , but anti-christian and diabolicall . if the minor be not sufficiently evidenced by the premises , by the silencing of many ministers , suppressing of so many lectures throughout the realme , give me leave to instance but in two fresh examples more . the first , in doctor peirce , bishop of bath and wels ; who in his visitation in the midst of august last expresly prohibited all ministers in his diocesse to preach on the lords day afternoone ; threatning some ministers to suspend them both from their office & benefice , if they durst presume to preach any more on the lords day afternoone ; without alleadging any law or canon , ( which there is none ) or any danger of bringing or spreading the plague , ( which there is not feared , ) but onely out of his malice to preaching ; and to deprive poore people of the sprituall food of their soules : to affront the sta●utes of 5. and 6. e. 6. c. 1. 3. and 1. eli. c. 2. which require often preaching and hearing of the gospell , upon every sunday and holy day , and prescribe preaching twice a day , as well , as much , as common-prayer , coupling them together in the same words to oppugne the homily of the right use of the church , p. 3. 4. 5. which prescribes and enforceth , the dayly and continuall preaching of gods word , and specially on the sabbath-dayes , from our saviours and his apostles owne precepts and examples ; to make all ministers perjured , who at the time of their ordination make a solemne promise and covenant before god , diligently and painefully to instruct their people , & never to give over preaching , &c. ( as the booke of ordination , and the church and state of england , both in and by it injoyne them , ) and to spite s. paul● himselse : who as by the space of three yeares together , hee ceased not to warne every one night and day ( therefore hee preached evenings as well as mornings ) publikely & from howse to howse . acts. 20. 20. 31. so hee chargeth timothy , and in him all ministers , to preach the word instantly in season , out of season ( that is , on lords dayes , and weekedayes ; morning , and evening , yea and at midnight to if need be ; in times of prosperity and adversity ; of health and pestilence , when preaching is most seasonable to raise men from their sinnes ; ) 2. tim. 4. 2. which apostle were hee in this bishops and some other of his brethrens diocesse , they would schoole him roundly for such good doctrine , and stop his mouth , to prevent the great mischeife of often preaching , yea , 〈◊〉 our saviour christ himselfe , and his apostles , were now among our prelates and should * preach dayly in our temples , as they did in the temple of ierusalem and jewish synagogues , i feare me they should be all silenced , suspended , and laid by the heeles for their paines , by our rare-preaching lordly prelates , since they thus use our painefullest ministers even for frequent preaching ; if i should demaund of them by what law of god , or the realme ? by what canon of the church , or by what speciall commission from his majesty , under his greate seale ? ( without which their lordships ‡ cannot by law suspend or silence any minister , nor keepe any visitation without the danger of a praemunire which they have all incurred ; ) i feare me they would be as mu●● , as any minister they have put to silence : and till they can shew such law , canon , and speciall commission ( which not one of them can doe ) hee is not worthy the name of a faithfull minister , that will sit downe silent altogether , as too many doe , to their eternall infamy or slack downe their former frequency and diligence in preaching , upon the proudest prelates bare mandate , especially in these dayes of pestilence and mortality . the second instance is , the suppressing of master john rogers lecture of dedham in essex about the same time , continued so many yeares together with so good successe that he hath converted more soules to god , and brought more to heaven , then all the lord archbishops and bishops sermons from queene maries dayes till now ; many of which though they have lived long , cannot i presume name so much as one soule they have truly converted , either by their life or doctrine , though they have murthered and starved thousands . the pretence of suspending this our lecturer is , the great good will the bishops beare to the townesmen and puritans ( so they tearme them ) of dedham , over whom they are * jealous with a godly jealosie , to wit , least the continuance of this lecture should draw the plague to the towne . but is this thinke you the true cause ? if so , why then let me propound but 6. or 7. questions to our prelates who are so carefull of mens bodies , that they are altogether carelesse of their soules . first , hath not the lecture beene the greatest blessing that ever this towne enjoyed ? the cheife meanes that hath enriched it , and ever since its erection wa●ded of the pestilence from it , yea in the last great visitation when there was more danger ? if so , as all the towne and country will averre , why should it be pestiferous or infectious now ? secondly , where did ever their lordships read , that powerfull preaching was a meanes to attract or draw the pestilence to any towne or parish ? or the suppressing of preaching and lectures an antidote or preservative against it ? what divine , physitian , philosopher , or historian , yea what epicure or atheist ever taught such doctrine till our present new doctors and lord prelates ? thirdly , whether the reading of common prayer and homilies be not as apt to bring and increase the plague , as preaching and lectures , and the one as pestiferous as the other ? if not : then why doe they put downe and prohibit publike fasting and prayer , as infectious in this pestilence , used as a preservative , medicine and cheife cure in all others as well as preaching ? yea how can they proove , that one of these is more apt to attract and diffuse the plague then the other ? if so then ; why doe they not put downe common prayer and homilies in all places infected , or in danger of infection , as well as preaching , ( the one being as pestiferous , as pestilentiall as the other , ) and so make us all true atheists or infidels , giving god no publike worship at all ? fourthly , whether the putting downe of lectures and preaching hath beene a meanes to stay , keep off , or spread the plague , or rather to increase and attract it ? religion teacheth us that were there is * most sinne and wickednesse abounding , least knowledge and service of god , there is most danger of the plague , and 〈◊〉 experience prooves it true for the most part , it ever raging more in the disorderly suburbs of london , where they have usually least and worst preaching , more then in the city , where is better governement , life and preaching . powerfull preaching therefore being the cheife * meanes to turne men from their sinnes and evill lives , and winne them unto god , and the suppression of it a meanes to continue and harden men in their evill wayes ; it must necessary follow , that frequent powerfull preaching , is an antidote and cure against it ; and the suppression of it , the high way and meanes to bring it . if reason be not sufficient , let late experience instruct us thus much . the lectures of christ church , s. martins and others in london , were put downe by the bishops this pestilence , to prevent the bringing of it into these parishes : the very selfesame weeke god sends it unto them , and now it spreads among them much : but in s. antholines parish and some others , where the lectures yet continue , ( in the first every morning ) no pestilence ( blessed be god ) hath hitherto beene heard off : the lecture of black friers on wednesdayes , at s. cathrines in the same day , with some other have beene suppressed to prevent the plagues increase , after its invasion of these parishes , to the intollerable greife both of minister and people : yet the plague in those parishes hath since every weeke increased and spread further . at westminster upon the first comming of the plague , they gave over all preaching even forenoone and after-noone on the lords day , thinking by this remedie to cease it ; ( a president hardly paralleld in any age ; ) but what followed thereupon , the bils since have beene doubled and trebled , and more have there died every day since , then did in a whole weeke before . this therefore is but a preposterous remedy , and a vaine pretence to beguile little children , and fooles with all . fifthly , what place is there neere to dedham from which that lecture should draw the infection ? were it in all or some of the neighbouring parishes , there might be some colour for such a pretext , and yet not sufficient to put downe the lecture , since men of those parishes might be prohibited onely from it , and all else have accesse unto it : but since it is not so neare that town ( god be blessed for it ) as that there is any such feare of infection , this pretext can be but a meere cloake of wickednes to countenance a worse designe . sixtly ; whether they hold not great banquetting , maskes , dauncing , playes and enterludes , as pestiferous and infectious , as preaching and lectures : and the famous vniversity of oxfords health and immunity from the pestilence , as much to be respected as the poore towne of dedhams ? if any scruple be made of the former part of this question , his majesties and their owne booke of common prayer for the fast the last great pestilence 1. caroli , ( which † prohibits all playes , maskes , revellings , dauncing , pastimes and banqueting , as causes of the plagues , both beginning , spredding and continuance , and the proper ▪ sinnes of our nation , which have made us a proverbe and by-word to all other neighbour-countries , ) compared with isay . 5 , 12. 13. c. 22. 12. 13. 14. &c. 32. 13. 14 amos 6. 1. to 12. exod. 32. 19. to 35. 1. cor. 10. 5. 6. 7. ●am . 5. 1. 5. 6. revel . 18. 7. 8. and many presidents cited in a late tract against stageplayes and enterludes , will put it out of doubt . of the latter part of this quaere there can be no question , unlesse the bishops be very unnaturall , to love a stranger better then their own foster-mother , and weavers , clothiers , more then schollers . if then excessive feasting , masking , enterludes , dauncing and epicureanpomp , the * very workes of the ●lesh , ( and therefore most unseemely of all others for those who terme themselves spirituall men , yea workes that shut men out of heaven , and therefore not fit for those who professe they have the keyes to let men into heaven ) bee more pestiferous and apt to bring the pestilence , then preaching ; and oxford to be preferred before dedham ; what is the reason that our great lordly prelates in these dangerous times of mortality ( when as they should be all in sable , fasting , praying , weeping and mourning with the people of their diocesse , and refreshing their starved bodies with that prodigall expence they have there cast away ) have ( to the great ill example of all other people , & grieving of the soules of all who are sensible of the plagues we now grone under ) beene so lately setting up and practising the one , at oxford , to draw the pestilence thither ; and putting down the other at dedham , to keep the pest from thence ? when as sundry councels in all ages , have strictly inhibited bishops and ministers , neither to be exhibiters , setters out , or spectators , but diligent suppressors , yea censurers of the one ( especially in mournfull times of plague & mortality which summon all men , but a gods ministers above others , to weeping , sackecloath and baldnes , to turne their laughter into heavines , and their joy into mourning , ) and instant both by preaching and ecclesiasticall censures , to draw all men from them ; but furtherers and setters up of preaching , yea of preaching twice a day , ( and that principally in times of humiliation ) which they now suppresse . alast is the piety & zeale of those lordly pontificians , who will needs claime all their episcopalities by a divine right , degenerated to this epicurian resolution ; b let us eate and drink , let us maske and play , let us feast and keep revell-route , for to morrow wee shall die ? are these the sermons , the good instructions they preach to king , queene , nobles , ministers , schollers , people in these pestilentiall times ? must they be feasting , banquetting , laughing , masking , playing , piping , dauncing , when all others are weeping , fasting , mourning , at leastwise gladly would be so , and that in publike ( as they have reason ) were it not for them ? certainly if s. bernard were now alive , and saw such prelates , he would be so farre from thinking them gods bishops , that he would undoubtedly define them to be the devils , yea and stile them d devils too , and murtherers of mens soules . who having now taken the highest degree at the vniversity , that ever the schooles of bacchus , venus , or epicurus can afford them , may be rather deemed their professed chaplains , then christian bishops . yet mistake me not , as if i thought it unlawfull for a prelate or vniversity , to entertaine their prince ; farre be it from me or any other to harbour such a thought : but to doe it now at such a time , in such a pontificall , epicurian maner , with most prophane and impious enterludes in contempt and derision of all purity , piety and religion , is the onely thing , which not i alone , but the whole kingdome generally crie shame on ; banquetting , masking , feasting , revelling , being altogether unsuitable , if not unlawfull to a christian , a prelate , a vniversity , in a time of such generall weeping and mourning , when * most hearts ( but stony ones ) are sad , and many poore mens faces gather blacknes , even for very hunger , with which too many perish ; whose lives this prodigality would have preserved . seaventhly , if the bishops have so much fatherly care to keep off the plague from our precissians , and puritans of dedham ( so they tearme us ) as to put downe our lecture , ( yea sermons on the very-solemne fast-day , where there is any infection , as if the sick needed least spirituall phisick and instruction ) to keep us from the plague , what is the reason they have so little care of those of our religion and profession , whom they have mewed up in severall prisons in london ? why have the priests and iesuites in the gatehouse and elsewhere ( though * traytors to his maiestie and the realme , and some of them condemned men , ) with all other prisoners there , liberty granted them to goe abroad this time of pestilence , and yet d. bastwicke , convicted and censured onely for shewing himselfe a true subject to his soveraigne , in defending his majesties ecclesiasticall iurisdiction , against the popes and your encrochements , ( with other of your high-commission prisoners , ) no leave at all to retire himself into the fresh ayre for his safety ; it being now , as it seemes , a great deale better to be an open traytor to his majesty , or the state , then a meere opposite onely to these our lordly prelats , even in their intollerable usurpations both upon his majesties royall prerogatives , and his subjects liberties ? why have you given speciall command , that mr. brewer , committed * close prisoner by you to the kings bench , for the same cause , should there be detained still , and not remoove with the other prisoners , when as he had obtained licence to goe into oxfordshire with his fellow prisoners , that so the plague , which environs both those prisons , might sweep away both these prisoners and ease you of them ? why doe you still detaine others of your commitment in these and other prisons , of purpose to murther them as much as in you lieth with the pest , when all else that are willing , are set free and walke abroad into the country for their health ? why detaine you d. layton in the fleet , and mr. prinne in the tower , notwithstanding some nobles mediation for the enlargment of the one , and the queenes most gracious intercessions for the other , whose princely clemency and pitty , to those of a different religion , is an everlasting foyle to your unchristian mercies and barbarous inhumanity , to those of your owne faith and profession . is this your episcopall pitty , mercy , grace , and goodnes ; that when all men else can find favour and reliefe , yet those whom you unjustly persecute , restraine or malice without cause , must finde none at all , no not though king or queene desire it ? what , is your pontificall malice now swollen greater then their royall grace and goodnes ? never therefore dissemble more with the world and us , that you have put downe our dedham , or other lectures , out of any love to us , or care of our , or their safety , as you pretend , to keep the pestilence from us , or them ; but confesse you have done it out of the malice of your hearts , against preaching , if not to bring the plague and pestilence ( as much as in you lies ) even upon our soules and bodies , as you endeavour to do upon these * poore prisoners thus detained by you , which these times of plague and fasting call upon you to set free . but take heed least whiles you se●ke to put downe preaching and fasting , by such ungodly meanes and pretences , to keepe off the plague from us and others , you draw it not downe , both on us and your selves . i have already informed you of many bishops , who have perished of this disease , i could acquaint you yet with more , as * the bishops of colen , spire , ratisbon , prague , verden and leodium all swept away in an. 1169 : 〈◊〉 hildewardus bishop of hildesheim , an. 996. with many others ; let their examples be your warnings ; and if you will proove your calling to be of god , then henceforth learne to preach , not to suppresse his word ; to be * mercifull as he is mercifull ; else all will henceforth conclude , that you are of your i father the devill , for his workes you doe : he was a murtherer from the beginning of mens soules and bodies , and so are you . now if your holinesses or any other deeme this censure of mine over-ha●sh , one that was once of your owne rochet , and after that a martyr , k ( bishop latimer ) will assure you ; that it was the very devill himselfe , not god , that set up the state of unpreaching prelacy , and that it is he alone who stirs these prelates up to persecute and suppresse the preaching of the gospell under the title of heresie , and schisme , and ill magistrates to doe the like under the title of sedition ; and our learned l thomas becon , as he affirmes and proves at large , that the first and principall point of a bishop and spirituall ministers office , is to teach and preach the word of god ; so he resolves , that such a bishop as either doth not , or cannot preach , is a nicholas bishop and an idoll , and indeed no better then a painted bishop on a wall : yea , he is as the m prophet saith , a dumbe dogge , and as our saviour christ saith n unsavourie salt , ●worth nothing but to be cast out , and to be troden under foot of men . woe be to those rulers that set such idols and white-daubed walls over the flocke of christ , whom he hath purchased with his precious blood . horrible and great is their damnation . our saviour christ saith to his disciples o as my father sent me , so send i you . now who knoweth not , that christ was sent of his father to preach the gospell , as we may see in p divers places of the holy scripture . it therefore followeth , that such as are sent of christ are sent to preach the gospell . if they preach not ( the case of many of our lord prelates ) it is an evident token , that christ sent them not , bvt antichist and the devill . thus and much more becon , who tells these unpreaching prelates in plaine termes ; that nothing abideth them but everlasting damnation . what then will become of our great lord pre●ates , who will neither preach to the people themselves , nor suffer others who are willing , to doe it ; stoping up our preachers mouthes with their illegall , unchristian , anti-christian suspenions and excommunications , yea , expresly prohibiting all preaching in these dolefull mortiferous times of plague and pestilence , and that on the very fasting-dayes , for feare it should infect mens soules and bodies ? when as the whole * councell of paris under lewes and lotharius , anno 829. l. 1 , 2 , 5. decreed the quite contrary , in these very remarkable termes . statuimus pari voto , parique consensu , ut unusquisque nostrum dictis & exemplis , plebes parochiae suae attentius ad meli●ra incitare studeat , easque ut se a malis cohibeant , & ad dominum ex totocorde convertant , solicite admoneant , deumque quem peccando sibi iratum fecerunt , digna paenitentiae satisfactione & eleemosinarum largitione , sibi placabilem facere satagant &c. cum itaque praedicatores sine cessatione popvlodei praedicare necesse sit , juxta illud esaiae * clam ▪ neecsses , quasi tuba exalt a vocem tuam , & annuncia popul●●eo , scelera ●orum , & domui iacob peccata corum : tvm maxime id facere necesse est , qvando iram domini contra popvlvm dei , meritis exigentibus , grassari persepxerint , juxta illud quod dominus per ezechielem prophetamloquitur . ezech. 3. 17. 18. 19. &c. 33. 7 , 8. 9. 10 , &c. at which our silent and silencing prelates and old doting shelford priest , may well blush for shame , especially if they peruse the 23 , 24 , 25. 28 , 29. and 31. chapters of the same councell following . and good reason , for the very romish prelates in the q concell of trent , as lewd as they were , had so much ingenuity as to decree . that the preaching of gods word was the principall part of a bishops office , belonging especially unto them , and that it ought to be exercised as frequently as might be , for the salvation of the people ; and thereupon enjoyned all bishops in proper person , or in case of inevitable occasions , by their sufficient substitutes , and all ministers in every parish , to preach every lords-day and holy-day at the least ; and in the time of fasts , ( as of lent , advent , and the like ) qvotidie , vel saltem tri●vs in hebdomade diebvs , to preach every day , or at least three dayes every weeke , and at other times also as often as oportunity would permit , and to catechise the people besides . if this popish councell then prescribes all bishops and ministers whatsoever , thus constantly and dayly to preach gods word , ( especially on lords-dayes , holy-dayes and fasting-dayes ) without intermission ; our lordly , lasie , loytering prelates , who will neither thus preach themselves , and prohibit others to preach thus frequently and daily on these seasons , or in any infected cities on our solemne fasting-dayes ; are certainely not onely farre worse then these trent prelates , but even as bad or worse then the very devill himselfe ( as bishop latimer proves at large in his sermon of the plough , which i would wish them seriously to peruse : ) yea , they are meere rebels , traytors and enemies to god , his church , religion and the peoples soules . and can they then be ever true , loyall or faithfull to their prince ? no verily . not to mention all the r conspiracies , rebellions and treasons of our owne or forraigne prelates against their soveraignes in all ages , enough to fill a volume as large as baronius his annals ; i shall instance onely in three late examples . anno 1536. christian the 3. king of denmarke , ( our king charles his great grand-father by the mothers side ) imprisoned all the seaven bishops of denmarke , for their severall treasons , rebellions conspiracies , and insurrections against him , the kingdome and christian religion , and for usurping regall authoritie , with s the rule of the kingdome to themselves alone , and publishing edicts in their owne names as the senate of that realm ( as our prelates do now in their visitations & consistories ) against the ministers and professors of the reformed religion . all which this king caused to be drawne up into a remonstrance , which lasted three houres reading , and on the 10. of august anno 1537. ( two dayes before his coronation , ) he caused a scaffold and throne to be erected in the most publicke place of hafnia the metropolis of denmarke ; where he sitting with all his nobles and senators in state ; caused this remonstrance of these prelates detestable treasons , conspiracies , rebellions , and disloyall usurpations on the crowne , to be read publikely before them and all the people , declaring , that for them he had imprisoned the bishops , and demanding the nobles and people , whether they desired that these trayterly prelates should any more sway the common weale of the kingdome , or be restored to their former dignity and power ? whereupon they all cryed out , no , and that they would be no longer molested with this . antichristian trayterly generation of vipers . which ended , a publike decree or act of state was made by their unanimous consents , that these bishops should be removed , and that the politicall office and power of bishops should be thenceforth wholy abolished out of the realme , which was forthwith put in execution ; the bishops removed , their temporalities and revenues confiscated to the king and seven superintendents , being but ordinarie ministers , ordained in their steed . and thus was denmark freed from trayterly prelates by our kings great grand-father , after it had been long oppressed by them t anno domini 1571. iohn hamilton archbishop of saint andrewes in scotland , was apprehended , arraigned , condemned and hanged at sterling , by mathew steward then viceroy during king iames his minority , for two notorious suocessive treasons : the first , for conspiring and having a chiefe hand in the murther of henry steward king of scots , father to our late king james of famous memory , and grand-father to our present soveraigne king charles . anno 1565. & for causing iames earle of murra , viceroy of scotland during king iames his infancy , to be traiterously murthered likewise anno 1567. for which treasons , not long after all , lord bishops were thrust out of scotland , by king iames and the whole parlements consent , ( though since restored ) as traytors to their princes , contrary to christs institution , as the chiefe suppressors of the preaching of the gospell in all countries . u gustavus ericus that famous king of sweden , banished , deprived , hanged up and beheaded some of his archbishops and bishops for their many execrable treasons against himselfe , and the whole realme , and refused to be crowned , before he and the whole state of sweden had by publike act of parleament , ( though with much opposition of the prelates ) stripped the prelates of sweden of their excessive temporalities , revenues , wealth , and all temporall * offices and jurisdiction , which made them oft times to rebell against their princes , kings and magistrates , to stirre up many seditions and to molest that realme with almost continuall and dayly warres and schismes , for about an hundred yeares then last past , and had and did make them slow bellies , and unpreaching prelates , serviceable neither to god nor man either in words or deeds , serving rather to intice them to riot , pride , idlenes , and seditions , then to true piety , and having no title in the word of god to warrant them . since which the prelates in sweden , ever rebellious and seditious to their princes before , have beene more dutifull to their soveraignes , and entermedled onely with their spirituall functions ▪ which they altogether neglected while they were lords . these three late examples of his majesties royall progenitors , ( to omit * others ) as they may instruct all princes how false that idle paradox of the prelates is , no bishop , no king , the contrary being an experimentall truth , and how little trust and fidelity there is in lordly prelates ( who have ever beene treacherous to their soveraignes when and where they have born greatest sway . ) so they may move his majesty to follow y father latymers councell to king edward the 6 , to unlord all our lordly bishops , and remove them from all their temporall offices and imployments , that so they may follow their spirituall plough-tayle , ( which they will scorne to doe , as long as they are lords , it being an unseemely and dishonourable thing for lords to goe to plough ; ) and no longer silence their fellow brethren , oppresse , molest and vex his faithfull subjects , and roote out all powerfull frequent preaching and preachers of gods word , as now they doe : from which kind of lordly prelates with their antichristian romish practises and innovations now on foote , good lord deliver us ; since they have neither gods nor the kings law to authorize them , or support that usurped papall tyrannicall iurisdiction which now they exercise , under which the whole kingdome groanes and languisheth , desiring to be unburthened of it , as an intollerable yoake of bondage , which it can no longer beare , as now it is aggrevated i shall therefore close up all , with the canon of the councell of paris under lewes and lotharius , an. 829. z l. 1. c. 23. worthy our domineering proud prelates most serious rumination . quia sunt plérique qui non paternū affectū circa gregem sibi comissum sed quendam exercere videntur dominatum eumque non ut dominicum , sed flatibus vertosae arrogantiae inflati , ut suum proprium tractare non verentur . quantum a paternitatis officijs aberrent ▪ subter collecta documenta declarant . dominus in evangelio . si diligis me , pasce oves meas : me as inquit , non tv as . item , qui major est vestrum , erit minister vester : et non post multa . non ita erit , inquit , inter vos . sed qui voluerit inter vos major fieri erit vester servus . petrus , neque dominantes in clero sed forma facti gregis ex animo . solomon , principem te constituerunt ? nolli extolli , sed esto in eis , quasi unus ex ipsis . fulgentius in libro de veritate praedestinationis et gratiae ; non ideò , inquit , se solùm quilibet episcopus vas misericordiae putet in gloria praeparatum , quia pontificali * militia fungitur , sed si progrege sibi redito solicitus semper invigilet , et praedicet verbo , instet opportunè , impertunè , arguat , obsecret , increpet in omni patientia et doctrina . nec sibi dominatum superbus usurpare contendat , sed apostolicis informatus eloquijs et exemplis , servum se cunctis exhibeat , neque sedis illius altitudine , collatum sibi gaudeat temporale fastigium , sed humili corde fidelibus praebeat bonae conversations exemplum . quicunque igitur sacris officijs servituri , sub quolibet ordine applicantur , dignum est , ut illius dicantur , cujus servitio mancipantur , quia ergò temeritate , immò praesvmptvosavanitate quilibet praelatorum dicere praesumit ; illa congregatio mea est , aut ille praesbyter vel clericus meus est , cum nonsitillivs sed illivs cvi dicatvs est ? proinde quia is inolitus sesus ecclesiasticae non concordat regulae , corrigatur necesse est. christian reader , this passage should have been inserted p. 123. l. 27. after mistake not . i shall close up this , concerning the power and right of ordination , with these ensuing authorities and memorable examples . anno dom. 1389. the lollards , wiclifs-disciples ( as a walsingham records ) winning very many to their sect , grow so audacious ; that their presbiters like bishops , created and ordayned new presbiters ; affirming , that every priest had received as much power to binde and loose , and to minister other ecclesiasticall things , as the pope himselfe giveth or could give . this power of ordination they exercised in the diocesse of salisbury : and those who were ordayned by them , thinking all things to be lawfull to them , presumed to celebrate masses , and feared not to handle divine things , and administer the sacraments . this wickednes ( writes he ) was discovered by a certaine man ordayned a minister by them , to the bishop of salisbury at his mannor of sunnyng : by which it is apparent , that the lollards and wiclenists , ( the prctestants of that age ) beleeved , that the power of ordination belonged as much to presbiters by gods law , as to bishops ; that one of them might as well , as lawfully ordayne ministers as the other ; and * that as they might lawfully preach the gospell without the bishops licence ( first prescribed by the forged statute , of 2. h 5. c. 15. made onely by the bishops without the commons consent ; to suppresse the preaching of the gospell , ) so likewise ordayne ministers without it ; and that ministers ordayned onely by presbyters without a bishops privity or assistance , were lawfull ministers , and might lawfully with a good conscience discharge all ministeriall offices ; this being not onely their received doctrine , but their practise too . i find moreover that b janruay 20. 1542. nicholas amsdorffius , a noble and learned unmaried man , was ordayned bishop of newbury , by martin luther , doctor nicholas medler pastor of newbury , george spalatine of aldenburge and wolffgaugus steinius of lucopeira , joyning with him in the imposition of hands ; which ordination lu●her afterwards publikely maintained to be lawfull in a printed treatise . loe here wee have presbiters not onely ordayning a presbiter , but a bishop . if therefore the prelates paradox be true ; that hee that ordayens , is greater in jursdiction and degree , then he that is ordayned . it will hence inevitably follow , that these presbiters ( and those who ordayned the first bishops , ) were greater in iurisdiction , degree and order then bishops ; and then farewell their pretended hierarchie : c anno dom. 1537. christian the 3 , king of denmarke , removed and suppressed by a publique edict , all the bishops of his kingdome for their intollerable treasons and rebellions ; abolishing their lordly bishopricks , as contrary to our saviours institution , the meanes that made them idle , proud , ambicious unpreaching prelates , and sedicious treacherous rebells to their princes ; and instead of the 7. bishops of denmarke , he instituted 7. superintendents , to exercise the office of bishops , give orders to others , and execute all ecclesiasticall affayres ; which 7. superintendents august 26. 1537. received their ordination from john bugenbagius a protestant minister , in the cathedrall of hafnia , in the presence of the king , and senate of denmarke . loe here all bishops casheired , as false rebellious ttaytors to their soveraigne , ( as they have d ever beene in all states and ages , there having beene more notorious traytors , rebells , and conspirators of bishops , then of all other rankes of men in the world , as i am able to make good , ) as contrary to divine institution , ( and so not jure divins , as they now boast ; ) and superintendents ordayned by a meere presbiter in their steed , to conferre orders unto others in all the danish churches . in e the beginning of reformation in germany and other places , luther and other ministers , usually ordayned deacons and ministers , and set out bookes of the manner of ordination , without any bishops assistance ; which power of ordination and imposition of hands , hath ever since beene practised by ministers in all reformed churches , which have abandoned bishops , ( such as ours are , and make themselves ) as contrary to gods word . patrick adamson archbishop of saint andrewes in scotland , in f his recantation publiquely made in the synode of fiffe , aprill 8. 1591. confesseth , that the office of a diocesan bishop , omni authoritate verbi dei destituitur , et solopolitico hominum commento fundatur ; is destitute of all authority from gods word , and onely founded in the politick figment of men ; out of which the primacy of the pope or antichrist hath sprung , and that it is worthily to be condemned , because the assembly of the presbitery , penes quem est iurisdictio et inspectio , tum in visitationibus , tum in ordinationibus , which hath the jurisdiction and inspection , both in visitations and in ordinations , will performe all these things with greater authority , piety and zeale , then any bishop whatsoever ; whosecare is for the most partintent , not upon god , or his function , but the world , which he especially serves . a fatall blow to our prelates hierarchie ; for if lord bishops be not jure divino , and have no foundation in the word of god , then the power of ordination belōgs not to them iure divino , as they are lord bishops , neither can , do , or ought they to conferre orders as they are bishops , but onely as they are ministers . and if so ( as is most certaine ) then this power of ordination belongs not at all to bishops as they are bishops , but onely as they are ministers ; and every minister as hee is a minister , hath as much divine right and authority to give orders as any bishop whatsoever ; ( the true reason why anciently among the papists , as * durandus confesseth , & now too ; as the rhemists witnesse ; and g even in our owne english church among us at this day , ministers ought to joyne with the bishop in the imposition of hands ; neither can our bishops ordayne any one a minister , unlesse three or foure ministers at least joyne with him in the ordination and laying on of hands . this being an apparent truth , i shall hence , from the bishops owne principles , prove presbiters superior and greater then bishops in jurisdiction , dignity , and degree . those ( say they ) to whom the power of ordination belongs by divine right , are greater in jurisdiction dignity and degree , then those who have not this power ; and the ordayner , is higher , superior in all these , then the ordayned . but the power of ordination belongs iure divine onely to presbyters , as presbyters , not to lord bishops , and to lord bishops themselves , not as bishops but presbyters ; and bishops when they ordayne in a lawfull manner , doe it onely as presbiters , not as bishops ; therefore presbiters are superiour to bishops in jurisdiction , order and degree ; and bishops themselves , farre greater in all these as they are presbiters ( an office of divine invention , ) then as they are lordly prelates , or diocesan bishops , ( a meere humane institution . ) thus are our great lord bishops ( who * vaunt of the weakenes of puritan principles , whereas their episcopall are farre more feeble and absurd , ) wounded to death with their owne weapons , and all their domineering swelling authority , overthrowne by that very principle foundation , on which they have presumed to erect it ; the ancient proverb being here truly verified , vis consilij expers moleruit sua . i shall cloze up this with the words of acute h antonius sadeel , who after a large proof of bishops and presbiters to be both one and the same by divine institution , windes up all in this manner : we conclude therefore , seeing that superior episcopall dignity is to be avowched onely by humane institution , tantum esse humani iuris , that it is onely of humane right : on the contrary , since it is evident by the expresse testimonies of scripture , that in the apostles times , bishops were the same with presbiters . iure divino potestatem ordinandi non minus presbiteris quam episcopis convenire ; that by gods law , and divine right , the power of ordination belongs as much to presbiters as to bishops . page 51. l. 17. betweene same , and since ; this should have beene inscribed . so i alexander & narcissus were both bishops of ierusalem at the same time ; paulinus and miletus both bishops of antioch together : theodosius and agapetus were both bishops of synada at the k same season . m valerius and augustine were both joynt bishops of hippotogether , by the unanimous consent of the clergie and people ; and when as augustine , was loath to be joyned a bishop with valerius , alleaging it to be contrary to the custome of the church , to have two bishops in one city ; they repyled , non hoc esse inusitatum , that this was no unusuallthing , confirming this both by example of the african , and other forraigne churches ; whereupon hee was satisfied . in the n church of rome , wee know , there have beene sometimes two , sometimes three , and once foure popes and bishops at one time , some adhering to the one , some to the other ; but all of them conferring orders , making cardinalls , and exercising papall jurisdiction . in the o churches of constantinople , alexandria , jerusalem , antioch , and affricke , during the arrian macedonian , novatian heresies and schisme of the donatists , there were successively two or three bishops together in them , and other cities ; the one orthodox , the other hereticall and schismaticall ; yea , the first councell of nice canon , 7. admitts the novation bishops which conformed themselves to the church and renounced their errors , to enjoy the title and dignity of a bishop , and to be associated with the orthodox bishops , if they thought fit ; and p st. augustine would have the donatists bishops ( where there was a donatist bishop and a catholicke , ) if the donatists returned unto the unity of the church , that they should be received into the fellowship of the bishops office , with the catholicke bishops ; if the people would suffer it ; poterit quippe unusquisque nostrum honoris sibi socio copulato vicissim sedere eminentius , &c. utroque alterum cum honore mutuo praeveniente . nec novum aliquid est , &c. as he there defines : therefore this was then reputed no novaltie . platina q records of rhotaris , king of the lombards , who declined to the arians , that in all the cities of his kingdome , hee permitted there should bee two bishops of equall power , the one a catholicke , the other an arian ; and that hee placed two such bishops in every city . r danaeus proves out of epiphanius , that anciently in most cities there were two or three bishops . nicephorus writes ; that the scythians neere ister , have many and great cities , all of them subject to one bishop ; but among other people , wee know , there are bishops not onely in every city , but also in every village ; especially among the arabians in phrygia , and in cyprus among the novatians and montanists ; yea , no longer since then the t councell of later an under innocent the 3d. there were divers bishops in one citie and diocesse , where there were divers nations of divers languages and customes : which though his councell disallowes where there is no necessity ; yet it approves and permitt where there is a necessity . nay , u those canons , constitutions , and decretalls , which prohibit , that there should be many bishops in one city , or that there should be bishops in castles , villages , or small townes and parishes , least the dignity of bishops should become common and contemptible ; manifest , that before these canons and constitutions , there were many bishops in one city and diocesse ; and a bishop in every little castle , towne and countrey village : and to come nearer home , the statute of 26. h. 8. c. 14. ordayneth , that there shal be many suffragan bishops exercising episcopall jurisdiction in one and the same diocesse of england ; with the statutes of 31. h. 8. c 9. 33. h. 8. c. 31. 34. h. 8. c. 1. which erected divers new bishopricks in england , and divided one diocesse into many , both intimate and prove as much . why then there may not now bee divers bishops in one city , one church , aswell as there was in the apostles time , in the primitive church , and formes ages , or as well as there are now divers archbishops and bishops in one kingdome ; divers ministers in one cathedrall and parish church , i cannot yet conceive ; unlesse bishops will now make themselves such absolute lordly monarks and kings , as cannot admit of any x equalls or corrivalls with them , and bee more ambicious , proud , vayneglorious , covetous , unsociable , then the bishops in the apostles and primitive times , whose successors they pretend themselves to bee in words , though they disclay me them utterly in their manners , lordlines , pomp , and supercilious deportment , which they will not lay downe for the peace and unity of the church of christ . i shall conclude this with that notable speech of saint y augustine , and those other almost 300. bishops who were content to lay down their bishopriks for the peace and unity of the church ; et non perdere , sed deo tutius comendare . an vero redemptor noster de caelis inhumana membra descendit , ut membra eius esse●●us , et nos ne ipsa eius membra crudeli divisione lanientur , de cathedris descendere formidamus ? episcopi propter christianos populos ordinamur . quod ergo christianis populis ad christianam pacem prodest , hoc de nostro episcopatu faciamus . quod sum , propter te , sum , si tibi prodest ; non sum , si tibi obest . si servi utiles sumus , cur domnini aeternis lucris pro nostris temporalibus sublimitatibus invidemus ? episcopalis dignitas fructuosior nobis erit , si gregem christi deposita magis collegerit , quam retenta disperserit . fratres mei , si dominum cogitamus , locus ille altior specula vinitoris est , non fastigium superbientis . sicum nolo retinere episcopatum meum dispergo gregem christi , quomodo est damnum gregis honor pastoris ? nam qua fronte in futuro seculo promissum a christo sperabimus honorem , si christianam in hoc seculo noster honor impedit unitatem ? to which i shall adde , as a corollary , a like speech of that holy devout man , s. bernard , z who as he constantly refused ( out of conscience ) the bishopricks both of genoa and millaine , though earnestly urged to accept of them ; so hee brake forth into these admirable speeches upon that occasion , ( homil. 1. de laudibus mariae virginis : p. 18. ) worthy all lordly prelats most serious contemplation . erubesce superbe cinis , deus se humiliat , tu te exaltas ? deusse hominibus subdit , tu dominari gestiens , tuo te praeponis authori vtinam tale me quid cogitantem deus , uti suum olim apostolum , increpare dignetur : vade post me satana ; non sapis quae dei sunt : quotiens hominibus praeesse desidero , totiens deum meum praeire contendo , et tunc quae verè dei sunt non sapio . enough to cause all our lordly prelates , ( have they any grace in their hearts ) to cast off their rochets , and lay downe their bishopricks , their lordly jurisdiction , which have bred so many schismes , controversies , warres , and tumults in the christian world , and rent the unity of christs church in sunder ; in all acts . which thing if they now refuse to doe , i shall conclude of them , as hermagandus did of the greeke bishop , who was like to starve him a sanctissimus est vester pontifex quatenus adverso deo fieri licet . literis sacris enim pingitur deus est charitas , cujus istum episcopum omnino expertem esse , nostro periculo sensimus . finis . and : melvini musae , p. 22. 23. 30. 31. pastores fidos omnes nos dounamus aequat praesulibus , laudi dum labor urget opus . idem mox septem stellarum arcana revelans , angelico hos unos tollit in astra gradu . nos animas viles quibus una est perdia , pernox cura gregis , vulgi in faece relinquit humi . christe ducum lecti pecoris cordate magister , coge gregem , numerum non habet ille suum . si stella est sacri gregis angelus , angelus , anglus presul , et hic gemino splendet in imperio ; quaerere nunc restat quae stella sit angelus , anglus praesul , ut is gemino splendet in imperio ? an quae stella haerens caelo scintillat ab alto ? subtus an orbe alio qui vagus erro meat ? portentum an terris metuendus crine cometes ? stella an ab axe in humum tracta draconis ope ? et quam in ter ternotenet angelus , ordine sedem , aetheris ? aut terrae ? aut aequoris ? haud erebi . nam regnandi illi haud veniat tam dira cupido , vt papa cerbereum tollas in astra caput . praesul regalis . praesule papano quod nos damnamus in omni , quodque in romano pontifice est vitium , praesule regali , quid non damnamus in omni ? quae virtus nostri est maxima pontificis ? curia pro cura gregis , aut iucuria : cura cui non ulla gregis , curio an egregius ? aureus antiquo florebat episcopus aevo , tum cum sacrae essent lignea vasa domus ; ligneus hoc nostro frondescit episcopus aevo , cum sacram exornant aurea vasa domum porticibus regem antistes cur excipit amplis fruge mensa fuit , dum casa parva fuit . substruit insanas cur celsa ad sydera moles , moribus it praeceps tartara ad ima rudens , a plebe et clero fiebat aepiscopus olim . illum nunc mammon , regia et aula facit . hospitio in parvo olim haerebat episcopus aedi : arcem excelsam habitat nunc procul aede sacra . in commune olim cum clero cuncta gerebat . nunc sine praesbyteris omnia solus agit . canonicae quondam scripturae interpres agebat . nunc pro jure sacro regia jussa docet . fratrum jure patri contentus episcopus olim . nunc regnum in fratros imperiosus obit . tum tenui stipem vitam ultro tolerabat egenam : nunc beat illum amplis copia divitijs : nunc opibus dives , pictai vestis et auri . olim divitiae in moribus atque animo . in grege pascendo totus sudaverat olim ; nunc mundi incumbet rebus et imperio . olim acalutho ibat , seu tros comitatus achatem ; nunc septus magno papa satellitio . tunc capite obstipo , et spectanti lumine terram : nunc stupet elatis astra supercilijs . tunc vulgaris ei corpus velabat amictus : nunc picturatae syrmata laxa togae . et tunicae manicas , et habent ridimicula mitrae , carbaseosque levis ventilat aura sinus . pileus in quadrum tereti de vertice surgit , et bis cocta humilem purpura verrit humum . ni caudam suspensam ulnis gerat unus et alter vulpinam . o gerulis sarcina quanta tribus ! i siodor pel●siota epist . l. 3. epist . 223. illud fortasse ignorare videmini , lenitatis ac mansuetudinis dignitatem , in tyrannidem transijsse . olim enim salutis ovium causa mortem oppetiebant ; nunc autem pastores mortem ovibus inferunt , non corpora jugulantes , ( levius enim hoc inalum esset ) verum animis offensionem afferentes . tum jejunijs corpus castigabant , nunc autem ut luxu et delicijs ex●ltent , efficiunt . tum bona sua egentibus destribuebant , nunc autem pauperum bona in rem suam vertunt . tum virtutem colebant , nunc virtutis cultores proscribunt et eliminant . ne savi magna sacerdos . courteous reader , before thou peruse this treatise , shall desire thee to correct these errors and omissions of the printer , because many of them corrupt & pervert the sence ▪ & so require thy correction before thy perusall ; both to free the author from causeles censure , and thy selfe from needlesse error . other literall obvious scapes of lesse moment , thou maist amend as thou meetest with them . in the matter , p. 6. l. 5. for 1608 yearely , read ▪ almost 1600 yeares . l. 12. quickning , quieting . p. 7. l. 8. as , in . l ▪ 27. also l. 29. of , that : p. 8. l 9. of , and , l. 21. poore , pure ▪ p. 10. l. 11. in starchamber . p. 11. l. 16. faction , fiction ▪ p. 19. l. 12. egelrie . l. 13. offred : l. 22. maleclerke . p. 20. l. 8. alcunivus . carthage : concil , can. l. 10. aquisgran : carnotensis . p 21. l. 9. sinnes . scismes . p. 24. l. 13. cautinus . l. 15. verdunum . p. 25. l. 9. durham : p. 26. l. 31. an. 1554. p. 28. l. 1. of it : l. 5. defile , define . p. 36 ▪ l. 32. deny ▪ denude . p. 43. l. 12. and , as : p. 44 l. 10. thought , taught : l. 15. comfort . p. 45. l. 18. not : p. 46. l. 20. would , could : l. 26. therefore , there for ▪ p. 49. l 7. timothie is . p. 55. l. 3. two , three . l. 13. falsenes , false forgerie ▪ p. 61. l. 25. consequent , consent . p. 62. l. 6. purseivant p. 7. blot out one : and , and that . l. 8. jealosie : l. 26. rating . p. 64. l. 21. denied . decreed . p. 70. l. 12. ca , in l. 14. aken : p. 74. l. 5 a lawyer p. 75. l. 5 and bishops : p. 78. l. 31. postscript . p. 79 l. 1. no , nor : l. 4. not . r. since paul was not . l. 13. these , those . p. 85. l. 16. 5 ly : p. 83. l. 6. other . p. 87. l. 11. or the ▪ p. 93. l. 32 r. who supplied the place of a bishop , in his consecration to be a bishop iure divine , and &c. p 95. l. 1. were ; to be . l. 13 ▪ and their ▪ p. 95 l. 26. r. as ministers not as bishops . p 96. l. 12. concurrence l. 32. taborites p. 100. l. 23. ●etricw p. 111. l. 5 decrees . p. 112. l 23. & 113. l. 3. of , or . l. 11. monopolie p. 117. l. 27. in , do : p. 122. l. 11. they p. 123 l. 36. for ever . p. 133. l. 6. interpretatur p. 134. l. 18. blot out hath . p. 135. l. 11. commonly , common by . p. 137. l. 11. banded ▪ p. 144. l. 20. predecessors . p. 145 l. 1. starved : l. 5. preached . l. 12. want , warne . p. 147. l. 14. fast , fat . l. 23. un , on . p. 148. l. 1. and in l. 8. deferre , deterre . l. 13. both by . l. 21. what , where . l. 22. here ▪ twtch : p. 150. l. 21. never cease . p. 151. l. 23 : 13. 12 : p. 154 , l. 5. of , if . l. 17. much , mute . p. 155. l. 9. warded . p. 156. l ▪ 2 the , our . in the margin : p. 5. l. 34 ▪ page : p. 8. l. 12. bccon : p. 11. l 27 deslire . p. 32. l. 7. animam , annum . p. 58. l. 6 , when , where : p. 62. l. 4. meluini . p. 64 ▪ l. 17. meldense : p ▪ 70. l. 2. aton ▪ p. 93. l. 2. catalogo . p. 103. l. 14. lib. 7. p. 113. l. 8. seva . p. 130. l. 4. tim. 5. p. 149. l. 17. p. c. l. 25. 13. 12 : p. 152. l. 5. favorers , fainthearted . kind reader , ere thou peruse this treatise , be pleased to correct those errors in the last page ; with these therein omitted . p. 14. l. 4. forverily : read , freshly . l. 12 ▪ giver , grace : p. 15. l. 6. how , two : l. 8. as , or l. 12 : most , must : l. 17. gemmie , genuine . l. 29. provise ; promise . p. 16. l. 5. hidrax , hicrax : l. 30. elected p. 17. studies , l. 11. shetne , sennes . l. 20. maucte . mentz : l. 21. augusta : reformes . rheemes : l. 22. salisbury saltzburg . l. 25. visalis in southland ▪ vpsal in suethland . p. 18. l. 5. revived , resigned : l. 9. shows , shunne . l. 11. expresse , expose , both 〈◊〉 , to the hazard . l. 18. kylwarby , l. 25. warwest . p. 115. l. 9. it is : p. 116. l 4. so the power of ordination being inferiour : l. 5. every . minister . l. 19 are superiour to them in point . p. 143. l. 13. rode thither ; made his chaplaine ride thither p. 162. l. 11. c. 5 : l. 20. necessis . p. 166. l. 29. quia , qua. l. 33. sesus , usus . p. 167. l. 17. wiclevists . l. 32. 33 : newbury , naoburge . p. 173. l. 6. nolo , volo : l. 27. acts , ages : l. 31. pingitur , proditur . p 175. l. 7. pari : l. 8. fratres . in the margin . p. 13. l. 18 19. by characters any charter : l. 34 : any , out p. 14. l. 7. godwins : l. 25. 26. people to standing : replie to harding . p. 15. l. 2. eccles : hist : l. 5. socr. l. 12 rome . p. 163. l. 2. vitis p. 164. l. 5. scoticarum . p. 171. l. 5. theodoricus : l. 8. schismate : p. 172. l. 9. r. caesarue , pompeinsue . page 1. 6. l. 10. this should have been inserted . nor yet to recite the examples of clement , the 1 of rome , pope cornelius , ambrose , augustine , athanasius , gregory nazianzen his father , pope gregory the first , alexander patriarch of jerusalem , anatolius bishop of laodicea , eustathius bishop of antioch , antiochus , theophilus alexandrinus , dioscorus , chrysanthus , s. martin bishop of towers , s. nicholas , paulinus of nola , eusebius pamphilus , flaiuanus of antioch , or marchus , who in ancient times were all inforced to accept of their bishopricks full sore against their wills and judgements , by the overpressing importunity of other bishops , princes , ministers and people . ( with others quoted to my hands by a claudius espencaeus : ) or , b eucherius bishop of lions , or otto bishop of bamburge , enforced in the same manner to be bishops , full sore against their liking ; as was c cranmer archbishop of canterbury . nor yet to mention d ephaaem syrus , nilammon , or s. bernard , who all constantly refused divers great and wealthy bishopricks , not onely offered , but urged on them , with much importunity ; or e adrian , who refused the archbishoprick of canterbury , though called to it , and urged to accept it : or bassianus elected bishop of the vangensi , f whom furious memnon whipped before the altar for 3. houres space , till he bedewed the altar and new testament with his blood , because he refused to accept that episcopall charge and office . or g brune seguinas , who rejected a bishoprik offred to him , saying , a bishoprick ▪ must be altogether forsaken of that man that would not be set at christs left hand ; ( answerable whereunto is that h of pope marcellus the 2 : who smiting his hand upon the table , used these words : i do not see how those that possesse this high place can besaved . or i john bugenhagius ▪ who of late times repudiated the bishoprick of camine in pomerland , to which he was freely chosen . k pope celestine the 5 : l athanasius bishop of the pareni , eustathius bishop of pamphilia , rusticus bishop of narbon , remaclus bishop of virech , otgerus bishop of spire , lambert bishop of florence , lutulphus bishop of callens , hugh bishop of towres , burchardus bishop of wertzburge , michael ephesinus bishop of antioch , desiderius bishop of the morini , geoffry bishop of sylvanecta ▪ conrade bishop of batavia , albertus magnus bishop of ratisbon , of ancient times abroade , m simon langham archbishop of canterbu y , winifred bishop of coventry , robert sherborne bishop of chichester , geoffry bishop of s. asaph , with sundry others at home ; n lewes ab eperstem , bartholmew suavenius and john fredericke bishops of camene in pomerland , isaurus archbishop of riga , baldaser bishop of suerin , ericus , john duke of saxonie , and otto bishops of heldesheim , hugh the 47. bishop of constans ▪ fridericke a weda and salentine archbishops of colen , augustus bishop of mersburge , jodocus , a reke bishop of derbat , francis , henry and iulius bishops of minda , theodosius a rheden bishop of lubecke , christopher bishop of raceburge , christopher bishop of breme , of later times beyond the seas , with divers others o here and else where cited , have all successively resigned , and voluntarily relinquished their bishopricks and episcopall dignities out of conscience , age , discontent ; or otherpious considerations of the great danger and unlawfulnesse of this antichristian lordly function , which p all or most holy men have ever declined ▪ or unwillingly accepted of , though our lord prelats now post and hunt after bishopricks , and would rather die then part with them , or the least title of that lordly jurisdiction , which they now most antichristianly usurpe , contrary to the lawes of god and the realme . giving over preaching , their chiefest spirituall imployment , contrary to their sole mne vow and covenant made unto god and the people at their q ordination , to become great secular lords , and mannage temporall affaires not compatible with their calling . notes, typically marginal, from the original text notes for div a68614-e220 a see theodoricus à niem , zabarel , & ioannis marius de schismate . master tyndals obedience of a christian man ; and practise of popish prelates . doctor iohn white his defence of the way , c. 6. the fifth part of the homily against disobedience & willfull rebellion . fox acts and monuments throughout . catalog . testium veritatis . b com. in phil 1. 1. in tit. 1. 5. 7. in 1. tim 3. & 4. c de quest. armenorum . l. 11. c. 1. to 8. d balaeus cent. 8. c. 19. e fox acts monuments p. 9 ▪ 2. 973. f on the 8 commandement . g defence of the apologie . part . 2. c. 3. divis . 1. 5. p. 85. 99. 100. 101. &c. 9. divis . 1 p. 196. 202. h poore mans library , part . 1. f. 95. 96. i exposit . on aggius , vers . 1. & 2. k against cartwright . p. 389. l of the princes supremacy . p. 359. ‡ maith . 6. 24. lu. 16. 13. 1. iohn . 2. 15. 16. m see chownaeus collect ▪ theolog. and shelford his 5. treatises . n pag. 2. 43. 44. * see henry stalbridge his exhortatory epistle . william wraghton his hunting of the romish fox . rodericke mors his complaint . c. 23. master tyndals his obedience of a christian man , and practise of popish prelates . fox acts and monuments pa● 414. 514. 516. 518. master whethenhall his discourse of the corruptions now in question with others . o matth. 7. 26. 27. * see sir iohn dauis his irish reports . f. 97. 98 ▪ an excellent passage to this purpose . q math. 7. 27. * doctor barnes , articles . artic. 8. p. 211. master tyndals practise of popish prelates p. 342 343. &c. and obedience of a christian man. ‡ 37. h. 8. c. 17. * what the keyes of the church be . p. 266. u prov. 16. 18. * 1. pet. 5. 5. ‡ psa . 119. 119. * see thomas be●● on his supplication , vol. 3. of his workes in folio f. 21. to . 25. a most excellent passage to this purpose suitable to our times . ‡ magna charta . c. 29. the petition of right . 3. caroli . and other statutes in ractall accusation . z 1. cor. 1. 27. 28. 29. notes for div a68614-e970 * in master thomas brewers , doctor bastweekes , and sundry other cases . a an. melvini patricij adamsoni palinodia , printed an. 1630. b see master tyndals obedience of a christian man. the holy practise of popish prelates . c 1. tim. 3. 2. 3. 2 , tim. 4. 1. to . 5 tit 1. & 2. 1 pet. 〈◊〉 . 2. 3. d 31. h s. c 9 37. h. 8 c. 17. 1. e 6. c. 〈◊〉 . & all the bishops patents for their consecration and cong . † not arch-bishops or bishops ; who can make no chancellours , vicar generals commissaries or officials unlesse the king by his speciall patent give them power so to doe in expresse words , as these statutes evidence and the bishops patents in edward the 6. raigne . ‡ matth. 22. 20. 21. sir iohn davis his irish reports . p. 97. 98. a 26. h. 8. c. 1. 37. h. 8. c. 17. 1. e. 6. c. 2. 1. eliz. c. 1. 5. eliz. c. 1. 8. eliz. c. 1. * in case they have 〈…〉 character or commission under his majesties seale which all of them now want , and so are meere usurpers on his majesties crowne and ecclesiasticall prerogative in keeping confistories , visitations , and exercising episcopall iurisdiction in their owne names , with patent or commission from the king. b sunday no sabath . p. 〈◊〉 & 44. † w. bray . d see antiquit . eccles . brit. bodwines conversion . of brittanie with others , who write of king ●ucius and speedes history . booke . 6. c. 9. p. 73. to 82. * defence of the apolog. part . 5. c. 1. divis . 1. artic. 1. divis . 24. f acts and monum . f. 2. p. 9● . to 120. g sped . hist. l. 6. c. 9. h page . 43. † see quest. 1. object . 6. answer 2. and most of our learned writers , who have affirmed , that peter was never at rome much lesse bishop there , upon such grounds as this doctor cannot answere k epiphanius contr. haereses . l. 1. haer. 27. col . 88. 89. eusebius eccles . hist. l. 3. c. 21. irenaeus . l. 3. c. 3. 4. 5. write that both of them were bishops of rome at once , and not peter the sole bishop , and eusebius writes paul in the first place before peter . ‡ see euseb . s : 3. c. 10. 11. or so●r . schol. eccl. hist. l. 7. c. 3 m 28. h. 8. c. 10. 1. eliz. c. 1. * see rastall tit. rome . * oratio ad 〈◊〉 50. episcopus , in his life before his workes . socrates eccles hist . l. 5. c 7. p isidor . pe'usiotae epist l. 3. epist . 223. † nicephorus eccles . hist. l. 10. c 11. * socr. scholast l. 4. c. 18. in the greeke 23. niceph. eccles . hist. l. 11. c. 37. petrus blesensis epist . 23. † socrates eccl. hist . l. 4. c. 18. niceph. l. 11. c. 37. * nicephori gregorae hist . rom. l. 3. c. 1. 2. f. 9. cent. magd. 13. col. 982. u cent. magd. 10. col. 599. * cent. magd. 6. col. 644. ‡ niceph. greg. hist . rom. l. 4. 2. 1. f. 11. 13 ▪ 14. l. 5. fol. 16. l. 6. f. 20. 21. 22. 24. l. 7. f. 29. l. 8 f. 31. cent. magd. 8. col. 669. 672. cent. 11. col. 516. 518. cent. 12. col. 1384. cent. 13. col. 932. 983. * vincentius spec. hist. l. 24. c. 25. cent. magd. 7. col. 502. 507. 508. cent. 8. col. 763. 786. cent. 10. col. 586. cent. 11. col. 515. 576. cent. 12. col. 1387. 1458. 1468. 1484. 1486. 1491. 1519. 1530. 1544. cent. 13. col. 1042. 1052. 1057. 1062. 1078. 1092. 1093. 1094. 1102. 1146. * godwine catalogue of bishops london . 1615. p. 70. 113. 118. 120. 188. 192. 219. 305. 306. 313. 318. 323. 336. 353. 397. 413. 414. 437. 438 446. 447. 456. 477. 487. 504. 508. 532. 536. 543. 559. 565. 567. 581. 596. 629. 631. 632. 635. 636. 654. 655. 675. 676. ‡ fox acts and monuments p. 1578. his 2. 3. and 4. sermons before king edward . t epist. 2. 83. 85. in tit. 1. phil. 1. & 1. tim. 3. u in eph. 4. & 1. tim. 3. x rom. 1. in phil. hom. 11. in 1. tim 3. hom. 2. in tit. 1. y ep. 19. 83. 85. quaest. ex utroque impert . 100. 101. z in phil. 1. 1. tit. 1. 5. 7. 1. tim. c. 3. & 4. acts. 15. & 20. 17. 28. a ori. l. 7. c. 12. l. 8. c. 5. de ecclesiast . officiis . l. 2. c. 7. b de divinis officiis l. 2. c 35. 36. c in acts. 15. & 20. 1. tim 3. phil. 1. 1. tit. 1. 5. 7 d distinct . 80. 93. causa . 2. qu. 7. e decretal . pars 5. c. 58. 59. 72. 107. 143. 144. f sent. l. 4. distinct. 24. g in phil. 1. tit. 1. & 1. tim. 3. h amalarius fortunatus de eccles . officiis , l. 2. c. 13. basilius magnus , in c. 3. isayae . nizianzen . orat. 9. 13. 15. 21. 28. * quoted by gersonius bucerus , the petition to queen elizabeth , master parker , & doctor bastweeks bookes . k matth. 20 , 20 , to 29 , marc. 10 , 35 , to 48 , lu. 22. 23 , to 28. l 1. pet. 5 , 1 , to 6 , acts. 14 , 23 , c. 20 , 17 , 28 , phil. l , 1 , tit. 1 , 5 , 7. 1. tim. 3 , &c. c. 5 , 17 , c. 4. 14 , iam. 5 , 14 ▪ m see bp. iewels defence of the apologie . part . 2 , c. 3 , divis . 5 , an excellent place for this purpose . notes for div a68614-e2270 a bishop whites title to his treatise of the sabbath-day . b math. 23 , 8 , 9 , 10 , 11 , c. 20 , 25 , 26 , iam. 3 , 1 , 1 , pet. 5 , 3 , c 1 , iohn . 2 , 15 , 16 , 17 , iohn . 17. 14 , 15 , 16 , math. 6. 24. 2 , tim. 4 , 10. * theodosius the second an emperour and sundry kings , as kinredus , offa , ( whom platina in the life of pope constantinus records , to have both died of the plague at rome ) with many other died of the plague . d 2 cor. 5 , 1 , † mathew westminster . an. 591 , p. 231. e sermo 20. in ●etania majori . * cent. magd. 6. col. 7 , 31 , ibid. 137 , cent. 10. col. 575. cent. 12. col. 1454. ibid. 1466. ibid. 1488. ibid. 1489. cent. 12 , 1492. and 1493. col. 1512. col. 1533. * grimstons imperiall history p. 490. f fox acts and monuments p. 632. g godwins catalogue of english bishops p. 183. h godwin . ibid. p. 629. i godwin . ibid. p. 195. k godwin . ibid. p. 198. 444. * see grafton . p. 123 ▪ l godwin . ibid. p. 164. 244. 617. antiquit. eccles . brit. p. 345. * nemo potest duobus dominis servire , deo & mammonae . si te curiae , & maximè scaccarij labyrinthis immerseris ▪ magna spiritualis exercitij dispendia patieris . quid tibi ad fiscales redditus , ut , vel horula brevi curam posthabeas animarum ? nunquid christus te ad telonium elegit ? matthaeus semel inde sum●tus , denuò ad ipsum non rediit : non sis ergo in turba corum qui secularia spritualibus anteponunt , glutientes ca●●elum , culicem liquantes . &c. petrus blesensis de instit . episc . tractatus . m num. 6. 25. 6. ioel. 1. 14. 15. 16. c. 2. 12. 13. 14. isay 22. 12. 13. 14. zeph. 2. 1. 2. † so the booke of 1. iacobi . stiles it . ‡ of the time and place of prayer , and against disobedience and willfull rebellion part . 3. * sunday no sabbath p. 6. 20. 21. q hist . of the sabbath part . 2. c. 8. † bishop white , doctor heylyn , doctor pocklington , dostor primrose , christopher dow , edmund reeve and others . ‡ sest . 38. n. 1. p. 111. digres . 46. sect. 43. n. 6. p. 165. 166. * in quartum praeceptum . † in ioan. c. 7. * institution of a christian man , and a necessary erudition &c. exposition on the fourth commandement . y 2. chron. 36. 15. 16. 17. 1. thes . 2. 14 , 15 , 16. ‡ see a divine tragedy lately acted . z ier. 20. 9. a amos. 8. 11. ‡ ps . 68. 21. deut. 32. 41. ‡ in ps . 92. d ps 2. 9. 10. 11. 12. * animabus prelatus es , non corporib . nihil prelato commune est cum pilato . petrus . blesensis . tract . de institut . episcopi , ioanni wigormensi episc . dicatus . ‡ acts 9. 4. 5. * psal . 7. 1. g nahum . 1. 2. h rom. 9. 22. ‡ isay . 33. 1. vae●●is qui praesident , hominibus , nisi eis praesideat deus . petrus blesensis . de instit. episcopi tractat. k dan. 4. 27. ‡ acts 20. 29 frequens est inter episcopos aliquem invenire , qui primum suae promotionis animam dedicet sanctitati ; cumque in sua novitatesit factus agnus , inveteratus aliquot dierum , fit rapacissimus lupus . petrus blesensis de instit . episcop . tractatus . * isay . 11. 6. 7. m col. 3. 12. 13. 14. 15. ‡ ioel. 2. 12. 13. 14. 15. 14. 15. 16. * isay . 58. 4. 〈◊〉 14. ‡ quidan episcopi regum munificcntias & ele●mosinas antiquorum , abusive baronias & regalia●ocant et in occasionem turpissimae servitutis & seipsos barones appellāt vereor ne de illis queruletur dominus , & dicet . ipsi regnaverunt & non ex me . principes exstiterunt & ego non cognovi scias te assumpsisse pastoris officium non baronis . certe ioseph in aegypto patrem suum & fratres instruxit , ut dicerent pharaoni , viri pastores sumus : maluit eos profiteri pastoris officium , quam principis aut baronis . p ier. 5. 9. q ier. 11. 11. 23. petrus blesensis tractat. de instit . episeopi . † isay . 41. 11. 12. s numb . 23. 19. t psal . 37. 10. 38. u 2. tim. 2. 7. notes for div a68614-e3860 that timothy was no bishop . a see gersonius bucerus de gubernatione ecclesiae : p. 512. 513. usque 518. b see cent. magd l. 2. c. 10. col. 625. 626. * if postscripts be of credit as the bishops make them . † if timotheus were then bishop of ephesus , why did paul thus send him from his cure , and bishops see ? * see 1. tim. 3. 14. 15. that timothy was not bishop of ephesus . * 1. tim. 3. 14. c. 4. 13. gersonius , bucerus , de gubernatione ecclesiae . p. 502. usque 507. † vide chytraeum on a mast . in timotheum , & gersonium bucerum : dissertat . de guber . ecclesiae . p. 506. 507. * note well . that timothy was neither the sole , nor the first-bishop of ephesus . † bucerus de gubernat . ●ccles p. 506 usque 510. cent. magdeb. 1. l. 2. c. 10. col. 626. ‡ see gersonius bucerus , de guber . eccles . p. 302 , 303 , 304. g contra haeres . l. 4. c. 43 44. and l. 3. c. 2. h epist. 5. 6. 7. 8. i com. in phil. l. 1. 1. tit. 1. 5. 7. k in ephes . 4. l sedulius in tit. 1. 5. m contra haereses l. 1. haeres . 27. col . 88. 89. eccles . hist . l. 3. c. 31. n apologia contra gentes c. 39. ‡ advers . haer. l. 3. c. 3 p eccl. hist . l. 3 , c. 23 , q eccl. hist . l. 2. 42. 44. 46. r in lipom. de vitis sanct. l. 1. de iohanne . s catal. script . eccl. iohannes . t onomast . in ioan. u annal. tom. 1. * august . epist . 86. * chronol . isag . x de timatheo . y cent. 1. l 2. c. 10. col . 626. z niceph l. 3. c. 71. vincentius spec. hist . l. 38. c. 10. b beda in apoc . 1. and 2. aretas in apocal . 2. & 3. ambros . ausbert in apoc. l. 2. & primasius in apoc. 2. brightman . gersonius bucerus de guber . eccl. p. 205. 393 408. 419. 422. 433. usque 466. 472. 484. 485 , c preface to the treatise of the sabbath . bishop downham in his consecration sermon . ‡ comment . on gal. 6. p. 497. 498. 499. * perchance theodoret. the first in whom i finde any postscripts . 430. yeares after christ. * see master perkins comment . on gal. 6. p. 497. 498. 499. when this is largely prooved . * comment . on gal. 6. p. 497. 498. 499. † see tripart . hist . l. 11. c. 3. theodoret. eccl. hist. l. 4. c. 7. the title of the chapter . socrates . eccles . hist . l. 7. c. 3. nicephorus . eccl. hist . l. 14. c. 11. ( the first who stile it pacatiana ) and those who have lately commēted on , and written against this postscript . surius conc. can. 1. p. 453. tom. 2. 2. p. 11. 12. 221. 438. 461. 479. 480. 483. 488 413. 499. 503. 505. 520. 553. 580. 589. 599. 601. carolin sigonius de occidentali imperio . l. 3. p. 90. * master perkins commentar . on gal. 6. p. 497. 499. 499. d eccles . hist . l. 3. c. 4. as meredith hammer an english bishop , englished it , in his english translation of eusebius . e 2. tim. 4. 6. 7. 8. 9. with all expositors on this epistle and the postscript of it if of any force or truth * 1. tim. 1. 3. 4. ‡ 2. tim. 4. 12. ephes . 6. 21. 22. f 2. tim. 4. 1. 2. g fox acts & monuments pag. 1153. nicolaus de clemangijs de corrupto eccl. statu c. 14. 15. 16. 17. 18. 19. bishop latymers sermon of the plough . see the rhemists in their preface to this episile . h hierom , ambrose , chrysostome , sedulius , primasius , theodoret , theophylact , remigius , rabanus , maurus , anselmus , occumenius , alenfis , lombard , bruno with all late expositors on 1. tim. 3. phil. 1. 1. tit. 1. 5. 7. acts. 20. 17. 28. and master cartwright , in his answer to the rhemists preface . i non solum timotheum sed & omnem per hoc admonet episcopum : oecumenius in 1. tim. 5. 1. k 2. tim. 3. 16. 1. tim. 6. 1. to 21. ‡ div 〈…〉 basilius it a interpretatus est , quasi nihil hujus capitis ad ordinationem pertineat . occumenius , in 1. tim. 5. 22. † conference at hampton court. p. 89. 90. me●ini celsae commissionis anatomia . fullers argument . 1607 the petition of greivances 7. iacobi . m chrysost . theodoret. theophilact . oecumenius , and other on this text . the brethren of london in king henry the 8. his dayes in their letter to thomas philips ▪ fox acts and monumens . p. 951. † concilium antiochenū , can 20. gratian. distinct. 18. conc. aphricanum , can. 18. chalcedonense . can. 19. nicaenū . can. 5. toletanum , 3. can. 18. synodus francica , anno. 742. conc. meldense , can. 32. with many more . n dissertatio de guber . ecclesiae p. 506. 507. 508. o controv. 4. quest . 1 c. 2. sect. 16. * vide pag. 490. usque 524. ‡ see gersonius bucerus p. 518. 519. p eccles . hist . l. 3. c. 4. as meredith hamner , a bishop englisheth it . * in 1. tim. 3. ‡ see doctor raynolds conference , with hart. p. 213. q defensor pacis , pars . 2. c. 16. vlricus velenus , petrus non venisse romam , neque illicpassus est . r senatus consulius franciae contra abusus paparum . 162. to 172. s doctor raynolds conference with hart. c. 6. divis . 3. p. 210. to 218. balaeus in act. rom. pontif. l. 1. praefation . christopher carlile his s. peters life and peregrination , prooving that peter was never at rome . r. bernard his fabulous foundation of the popedome . * fox acts and monuments p. 1465. gersonius bucerus de gubernat . eccl. p. 432. usque 500. 519. 520. to 540. t advers . haereses . l. 3. c. 2. 3. l. 4. c. 43. 44. 45. u de praescriptionibus advers . haereticos . x eusebius eccles . hist . l. 5. c. 12. 22 fox acts & monuments p. 1465. * acts. 18. 18. 19. timothy no diocaesan bishop of ephesus . * see gersonius bucerus dissertatio de gubern . eccl. p. 213. 246. 282. 302. 303. 304. 307. 308. 416. 417. 461. accordingly . * ioannes de at 〈…〉 , constit . provin . fol. 122. lynd. provin constit . l : 3. tit. de parochiis . fol. 134. * acts. 19. 10. c. 20. 31 quaestion . 2. * homer . odys . 19. ‡ mercators atlas in english london . 1635. p. 812. * quoted by doctor barnes in his workes . p. 210. see gersonius bucerus de guberaat . ecclesiae . p. 520 , 621 * adversus haereses . tit. episcopus . * p. 210. ‡ see gersonius bucerus , p. 233. 261. 398. usque 402. 556. th. cartwright 2. reply to whitgift , p. 404. to 616. * see anacleti epist . 3. c. 3. surius concil . tom. 1. p. 165. a galfridus monumitensis . histor . l. 5. c. 19. ponticus verunnius brit. hist . l. 4. p. 106. polichron . l. 4. c. 16. f. 163. antiquit. eccles . brit. p. 7. with sundry others . ‡ surius concil . tom. 1. p. 140. 163. 165. 342. 505 : 392. tom. 2. p. 1046. tom. 3. p. 547. socrates eccles . hist . l. 5. 6. 8. euagirus eccl. hist. l. 2. c. 18. * in his re-ply to tho. cartwright . see cartwright his second reply against whitgift tract . 8. fol. 414. to 616. * an , mesuini petri adamsoni palinodia printed an. 1620. d de gubernat . eccl. p. 233. to 238. 299. to 390. 394. 395. 396. 397. 490. to 423 580. 581. * david dickson his short explanation on the epistle to the hebrewes . p. 332. 333. † master perkins his commentary on gal. 6. p. 496. 497 498. 499. * commentary on gal. 6. vol 2. p. 499. ‡ bishop latimers fourth sermon of the plough , fox acts & monuments , p. 119. 120. * so the statutes of 25. h. 8 c. 29. 37. h. 8. c. 17. 27. h. 8. c. 15. 1. e. 6. c. 2. 1 eliz c. 1. 2. 8. eliz. c. 1. 25. h. 8. c. 21. 31. h. 8. c. 9. 14. 32. h. 8. 15. 16. 2. h. 5. c. 1. 14. eliz. c. 5. expresly resolve . that the power of ordination of ministers belongs not onely to bishops . e fox acts & monuments . p. 1465. ‡ acts. 13. 1. 2. 3. * 3. ed. 6. c. 32. 8. elizab . c. 1. g gersonius bucerus , p. 33. 158. to 162. 262. 499. 500. 517. 518. 540. 622. 623. 318. to 367. h surius tom. 1. p. 513. * distinct . 23. k notes on the 1. tim. 4. 14. l distinct . 23. 24. 25. m appendix ad catal. testium veritatis . n dissertat . degubernat . eccles . p. 318. to 367. 464. 465. 493. 498. 499. 524. see canon . 35. o surius , tom. 1. p. 296. ‡ surius ibid. p. 403. 404 * constit . apost . l. 3. c. 10. 11. 20. † surius tom. 2. p. 719. tom. 1. p. 800. ‡ exod. 40. * psal . 98. ‡ see concil . carthag . 2. an. 428. c. 3. 4. gratian . causa . 20. quest . 6. concil . carthag . 3. c. 36. gratian. caus 16. quest . 6. * leo epist. 86. x exod. 28. 1. to 43. c. 29. 5. to 45. c. 30. 7. 10. 30. heb. 5. 4. 5. c. 7. 11. y numb . 25. 35. z heb. 4. 14. 15. c. 5. 1. to 11. c. 6. 20. c. 7. 20. to 28. c 8. 1. to 7. c. 9. 1. to 28. c. 10. 11 to 23. a exod. 29. 1. to 39. c. 30. 25 , to 31 c. 40. 1. to 34. b 1. king 8. 2. cron. c. 6. 8. c heb. 7. & 8. & 9. & 10. * augustin . serm. 99. de tempore . whitekar . contr. 4. qu. 1. c. 2. willet . symopsis papismi . cont. 5. q. 3. d heb. 9. 14. 15. c. 5. 1. to 11. c. 6. 20. c. 7. & 8. & 9. & 10. e heb. 6. 20. f heb. 13. 20. 1. pet. 5. 4. g 1. pet. 2. 25. h math. 18. 1. &c. c. 28. 19. mark. 16. 15 iohn . 15. 16. 4. ephes . 8. 11. 12. 13. 1. tim 4. 14. acts. 13. 1. 2. 3. † exod. c. 29 & 30. & 40. compared with acts 6. 1. to 8. c. 14. 23. c. 13. 1. 2. 3. tit. 1. 5. 1. tim. 4. 14. c. 5. 12. * gersonius bucerus de gubernat . eccles . p. 264. 265. 269. 291. 269. 308. 309. 446. 501. 502. k acts. 13. 3. 1. tim. 4. 14. the rhemists with all late commentators , ibidem , and some ancient too . † surius tom. 3 p. 299. m surius ib. p. 300. n de instit . clericorum . l. 1. c. 4. * gen. 27. & 28. ‡ gen. 48. q surius tom. 4. p. 965. r lib. 7. s examen concil . tridentini , pars 2. de sacramento ord. t ibid. p. 968. u epist . 2. c. 2. apud surium . tom. 1. p. 161. recited by gratian. distinct . 67. x gratian. distinct. 61. 62. 63. 64. &c. y illyr . catalogus testium veritatis an. 1562. appendix , p. 23. to 56. vera demonstratio , quod electio praesulum & episcoporum non ad ecclesiasticos solum sed & ad laicos , vocant , pertineat , quodque hi hoc jure electionisinde usque à christi temporibus annis : 1500. usisunt . z epist . ad evagrium . & in tit. 1. a cont. haeres l. 3. haer . 75. c in ephes . 4. & 1 tim 414 d quaestiones ex utroque testamento mixtim . quaest 101. e epist . 86. b de ecclesiasticis officiis , l. 2. c. 7. f aquinas supplementum quaest. 38. artic. 1. g ambros . in ephes . 4. h quaestiones ex utroque testamento mixtim . quaest . 101. i c●nt . haeres . l. 3. tom. 1. haer. 75. * see cent. magd. 3. de ritibus circa vocationem & ordinationē col. 135. k 1. tim. 4. 14. * appendix catalogo testium veritatis p. 23. to 56. gersonius bucerus de gubernat . eccl. p. 25. 130. 131. 318. usque 334. 346. usque 354. 360. 361. 362. 363. 364. 414. 609. * de vitis pontificum p. 53. ‡ see surius concil . can. 1. p. 188. 161. 163. 341. 369. 376. 406. 502. 506. 574. tom. 2 p. 187. 656. tom. 1. p. 699. 718 467. tom. 2 p. 264. 267 268. 272. 638. 731. * antiquit. eccl. brit. p. 302. m in 1. tim. 4. 14. n in 1. tim. 4. 14. o in 1. tim. 4. 14. p ambrose in ephes . 4. & 1. tim. 3. hierome , sedulius , theodoret , primasius , rabanus maurus , remigius , oecumenius , theophilactus , alselmus , beda , bruno &c. in phil. 1. 1. 1. tim. 3. tit. 1. 5. 7. acts. 20 17 28. q in 1. tim. 4. 14. lect. 3. r in 1. tim. 4. 14. s supplementum quaest . 38. arti. 1. * in 4. sent. dist . 24. quaest , 5. 6. u summa angelica ordo sect. 13. and innocentius there cited . x filiuc . icsuita de casibus consc . pars 1. tract . 9. c. 5. y lydij waldensia p. 23. z fox acts & monuments p. 210. catal . testium veritatis tit . waldenses p. 445. a argument . & respons . pars 7. de potestat . episc . arg. 2 ‡ in 1. tim. 4. 14. * in 1. tim. 4. 14. † argum. & resp . par● 7. de ordin . minist . in argum. 1. † loci com-de ministr . verbi dei. * de ecclesi● cap. 11. ‡ magist . sentent . l. 4 c. 25. † cent. 1. l. 2 c. 6. ritus vocationis & ordinationis col. 502. * harmon . confess . pars 2. † see gersonius bucerus degubern . eccl. p. 618. ‡ presbytery & episcopi sunt iure divino pares , id est , administrant idem officium , eodem modo , & eadem auctoritate , vnde presbyteri impositionis manuum in pastoribus ordinandis jus habent . 1. tim. 4. 14. can. presbyter . distinct . 23. sir amandus polanus syntagm . theol. l. 7. c. 11. † canons 1603. 36. 37. * see bishop iewols re-ply to harding . artic. 4. divis . 25. eusebius eccles . hist. l. 3. c. 11. l. 6. c. 29. l. 3. l. 7. c. 3. socr. eccles . hist . l. 2. c. 6. l. 5. c. 7. 8. 9. 15. 〈◊〉 . 7. p 3. 12. 26. 28. 29. 34. 35. 36. 45. l. 4. c. 6. euagrius eccles . hist . l. 2. c. 8. 11. l. 3. c. 11. 12. l. 4. c. 6. 3● . gratian distinct . 63. 79. appendix ad catalogum test. veritatis . m wicklif . de 4. sectis novellis . c. 6. de papa . c. 11. n richardus armachanus . ad quaest . armenorum . l. 11. c. 1. to 8. o waldnsis cont. wicl . tome 3. c. 60 61 62. 63. & tom. 1. l 2. artic. 3. c. 57. * tom. 3. c. 36. sect. 1. * controv. 2. qu. est . 5. c. 5. † contra duraeum l. 9. sect. 55. * manus impositio quid est aliud quàm oratio super ▪ hominem ? caus . 1. qu. 1. c. manus . ambr . in 1. tim. 4. ‡ in 1. tim. 4. lect. 3. see gersonius bucerus de gubern . eccl. p. 337. * 1. tim. 3. 2. ‡ lindewoods constit . provinc . l. 3. de censibus . cap. sena f. 160. 161. * see wests presidents : warranti sect. 574. * bellarminus ener . tom. 2. l. 3. c. 2. ‡ summa angelica , baptismus 5. sect. 12. concil . carthag 4. can. 39. 99. gratian. distinct . 23. cap. mulier . * fox acts & monuments 1610. p. 465. 485. 501. 599. 1015. 1016. 1795. 1796. ‡ tit. 1. 5. * amesuis , bellarminus enervatus tom. 2. l. 3. c. 2. & others forequoted . ‡ see gersonius bucerus de gubernat . eccles . p. 33. 158. to 162. 261. 262. 499. 500. 517. * 1. cor. 12. 9. 10. acts 10. 46. d marsilius patavinus defene . pacis pars 2. c. 20. 24. fox acts and monum . p. 1153. bishop latymers serm. of the plough . nicolaus de clemangiis de corrupto eccles . statu . c. 14. 15. 16. avent . annal. bojorum . l. 6. proaemio . * de cleric . c. 4. f thomas bec on s catechisme . f. 499. 500 the institution of a christian man : ch. of orders ; gersonius bucerus de gub. eccles . p. 33. 158. usque 162. 261. 162. 499. 500. 517. 518. 540. 622. 623. * see godwins catalogue of bishops . p. 70. 72. 1114. 123. 143. 164. 185. 214. 220. 247. 249. 275. 345. 382. 422. 436. 448. 484. 501. 502. 568. 569. 570. 571. 572. 620. 621. 622. 630. † godwins catalogue of bishops . p. 644. 657 660 brooke county palatine 14. 15. 16. 18. 19. 24. ‡ bellarmin . de clericis l. 3. quest . 2. * contra haereses l. 3. tom. 1. haer. 75. col. 759. 760. ‡ de clericis . l. 3. quaest . 2. * sessio 23. de sacramento ordinis cap. 3. & canon . 7. ‡ his sermon aprill 17. an. 1608. in this defence of the honorable function of bishops ; and his defence of that sermon since . o gratian distinct . 79. 63. p gratian distinct . 79. 63. * see antiquitates ecclesiae brit. godwins catalogue of the archbishops of canterbury and yorke , malmesbury de gestis pontificum angliae , with mason his consecration of bishops ; and the booke of consecration of bps. ‡ 31. h. 8. c. 10. * the booke of ordination of ministers : & can. 35. * see antiquitates eccles . brit , & godwins ●atalogue of bishops . † marsilius patavinus def●nsoris pac 〈…〉 : pars . 2. c. 25. * discip . sermo . 111. bishop ●ewels reply to harding . artic. 22. div. 10. p. 452. 453 † hebr ▪ 4. 14 ▪ 15. c. 8. 1. c. 9. 11. c. 10. 21. ‡ hebr. 13. 20. 1. pet. 2. 25 c. 5. 4. iohn . 10. 1. &c. * concil . constantien . sessio 24. bellarm. de pontifice r●mano . ‡ exod. 29. & 35. l 〈…〉 . 4. 3. 16. 1. sam. 10. 1. c. 26 6. 11. ps . 92. 10. 1. kings 1. 39. c. 19. 15. 16. * bishop iewell ▪ reply to harding . article 4. divis . 5. 6. 18. richa●dus armachanu● de quaest . armenorum l. 11. c. 1. 2. 3. 4. 5. 6. 7. ‡ contr. haer . l. 3. haer . 75. ‡ anselmu● , haymo , rabanus , primasius , calvin , deering , and david dickson on this text . * heb. 4. 14. 15. c 8. 1. c. 9. 11. c. 10. 21. ‡ heb. 13. 20. 1. pet. 5. 4. * ephes . 4. 10. 11. 1. cor. 12. 28. math. 9. 37. 38. ‡ acts. 1. 25 26. gal. 2. 8. 9 , 11. 14 1. cor. 12. 28. 29. 2. cor. 11. 5 * canon . 33. 35. an. 1603. ‡ canon . 31. ‡ 1. tim. 4. 6. 2. tim. 4. 5. 1. thes . 3. 2. * 3. ed. 6. c. 12. 8. eliz. c. 1. * eusebius eccles hist . l. 3. c. 39. p. 55. ‡ bibliotheca . patrum . tom. 1. p. 96. * apolog. c. 39. tom. 1. p. 692. 693. 694. * eusebius eccles . hist . l. 5. c. 16. ‡ eusebius eccles hist . l. 5. c. 23. * eusebius eccles . hist . l. 5. c. 20. o ibid. e. 26. * eusebius eccles hist . l. 7. c. 8. p see his life before his workes . * aretius . theolog problemata . locus 62. de officiis eccl. sex. 9. p. 184. 186 chenmitius examen concilij tridentini pars , 2. de sacramento ordinis . c. 4. p. 223. 224. ‡ iliad . 1. 10 * de vita constantini . l. 4. c. 24. * so is the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 used by basil . epist . 52. not to ride in visitation like a lordly prelate , but to consider of the miserable state of the church & to be carefull for it , as bishop iewell witnesseth in his defence of the apology of the church of england , part . 2. c. 3. divis 5. p. 107. ‡ enarratio : in psal . 126. tom. 8. pars . 2. p. 726. 727. * let our great prelates marke this well . * de civitate dei. l. 19. c. 19. tom. pars 2. p. 516. † note this . * fol. 116. act. 20. * see fulke and cartwright . ibid. m. ‡ bishop iewel . defence of the apology . part 2. c. 3. divis . 5. p. 107. * marsilius patavinus defens . pacis pars . 2. c. 15. 16. richardus armachanus . resp . ad quaest . armenorum l. 11. c. 1. to 8. fox acts and monum . p. 1009. 1116. 1465. * bishop iewell . defence of the apol. part . 2. c. 3. divis . 7. part . 111. thomas beacon his catechism . vol. 1. f. 499. 500. chrysost . opus imperf . in matth. hom. 3. & 43. ambros . de dign . sacerd . c. 4. ‡ august . de civ . dei l. 19. c. 19. hier. ambr. sedul . primas . haymo , rab. maur. chrysostom . theodoret. theophylact. oecumenius , anselmus , beda , in 1. tim. 3. 1. 2. bernard . de consid . ad eugen. 2. & 3. * math. 10. 1. to 16. marke . 6. 7. to 12. luke . 9. 1. to 6. compared with luke . 10. 1. to 21. ‡ clemens . epist . apud surium . tom. 1. p. 141. and others , who have since followed this forgery of his . * l. 3. c. 4. eccl. hist. ‡ see mercator atlas minor. p. 812. * math. 7. 26. 27. ‡ the instit . of a christian man. ch. os orders , and thomas beacons catech. f. 499. 500 * see the fastbookes then printed . ‡ ioel. 2. 14 to 20. 4. 2. 1. to 28. isay . 22. 12. 13. 14. 2 chron. 6. to 24. to 40. c. 7. 13. 14. 15 zeph. 2. 1. 2. 3. ionah . 3. 5 : to 10. ezech. 9. 4. mal. 3. 16. 17. ezra . 9. & 10. † see bishop wrens injunctions for norwich , and his visition artiles , and yet this can. bindes them not strictly to any forme as the words , or to this effect ; declare , f ier. 7. 16. c. 11. 14. c. 14. 11. c. 29. 7. c. 37 3. 4. c. 42. 2. 4. 20. ioel. 2. 17. * isay . 22. 12. 13. g ps . 119. 21. iudg. 5. 23. mal. 2. 2. c. 3. 9. 1. cor. 16. 22. h luke . 18. to 3. rev. 6. 9. 10. psal . 28. 4. 5. ‡ 1. sam. 4. 18. notes for div a68614-e19710 * fox acts & monuments london . 1610. p. 502. ‡ platina , onuphrius , bale stella , volateranus celestin . 5 & bonifac. 8. * georgius . pontan . bohemiae . piae . l. 3. p. 36. godwin . catalog . of bps. p. 212. 216 460. 564. 585. mathew . westminst . an. 932. p. 361. newbrigens . l. 1. c. 14. ‡ de sacram. l. 3. c. 1. l. 5. c. 1. e tract . 9. 16. 20. 21. 25. 27. 29. 35. 37. in ioan. f hom. 5. 6. 8. 9. 10. 13. 28. in genes . g catech. orat. 7. & 14. & catech. mystag . 14. h socr. eccl. hist. l. 7. c. 2. i fox acts. & monum . p. 1366. k fox acts & monuments . p. 15. 59. see p. 1115. 1153. 1457. 1579. 1696. ‡ see his visitation articles and injunctions for norwich . † before the 39. articles , & of the dissolution of the last parliament . p. 20. 21. 22. 42. 43. * magna charta . c. 29 25. hen. 8. c. 19. 21. 27 h. 8. c. 15. 37. h. 8. c. 17. 1. ed. 6. c. 2. 1. eliz c. 12 5. eliz. c. 1. 12. eliz. c. 13. 8. eliz. c. 1. o inconformity therefore it not● the thing the bishops ayme at , but the suppression of the gosple . p 1. cor. 9. 16. q isay . 56. 7. ier. 7. 11. math. 21. 13. marke . 11. 17. luke . 19. 46. see dr. boyes postill . on the first sunday after the epiphany p. 132 and on the 10. sunday after trinity . p. 446. 447. ‡ to wit , for affirming , that his majesty and the lords of the councell would be heartily glad , if all those that went over to new-england . were drowned in the bottom of the sea. a most trayterly , & seditious , speech , as of his majesty & the state delighted in the destruction of his faithfull subjects whom hee is bound by oath and duty to protect and preserve . p of the right use of the church of the time and place of prayer q dr. boyes postill on the 10. sunday after trinity . p. 448. r hom. of the repairing & keeping cleane of churches p. 80 of the time & place of prayer . p. 131. s hom. of the right use of the church of repairing churches , & of the time & place of prayer * hom. 1. 2. 3. 5. & 10. 29. in gen. hom. 5. in math. † defence of the apology part . 5. c. 3. divis . 4. p. 449. 450 * o blasphemy ▪ b see doctor iames his treatise of the corruption of the scriptures &c. by the prelates of rome . part . 2. 3. 4. c see the homilies of the right use of the church of the time and place of prayer , of keeping cleane of churches . d ier. 23. 13 14. 15. * gen. 18. & 19. see 2. chron. 36. 15. 16. 17. * fasciculus temporum . 1144. cent. magd. 12. col 1407. stella . a antiq. eccl. brit. p. 13. godw. p. 53. * fox acts & monuments p. 364. b alberti argentinensis chron. an. 1348. p. 147. * georgius pont. bohemiae piae . l. 3. p. 34. * behold constantiensis ad herman . appendix an. 1085. p. 357. * thomas gascoine in dictionario theologico . fox acts & monuments p. 541. antiquitates eccl. brit. bale and godwin in his life , with our chroniclers . ‡ fox acts and monum . p 1902. to 1906. and dr. beards theatre of gods iudgements . l. 1. passim . * hebr. 6. 4. 5. 6. 7. c. 10. 26. 27. 28. 29. 2. tim. 3. 2. 3. 4. 5. 2. pet. 3. 3. 4. 5. ‡ at jam serpentum major concordia : quando leoni fortior ●ripuit pr●dam 〈◊〉 ? quo nemore unqnam expiravit aper , majo●●s den●ibus apri ? iudica tygris agit rabida cum trigride pacem ; saevis inter s 〈…〉 convenit ursis . iuvenal . p. 141. * isay . 58. 1. ‡ ezech. 9. 4 〈◊〉 . chron. 6. 28. 29. c. 7. 13. 14. ioel. 2. & 2. zeph. 2. 1. 2 3. see the bookes sor the fast , in 1. iacobi & caroli . * 1. thess . 2. 15. 16. * the sacrament of orders f53 . 54 ‡ sess 〈…〉 24. decretum de reformatione c. 4. * math. 28. 19. 20. mark 16. 15. 16. 1. cor. 1. 17 isay . 61. 1. math. 24. 14. luke . 4. 18. acts. 10. 42 c. 5. 42. c. 610. 1. cor. 9. 15. 16. 2. tim. 4. 2. * obedience of a christian man p. 114. 134. q acts. c. 4. & 5. throughout . † 5. r. 2. c. 5. 2. h. 4. c. 15. 2. h. 5. c. 7. fox acts & monuments london . 1610. p. 415. 416 417. 418. 428. 434. 435. 438. 552. 563. 567. 588. 598. 800. 911. 1280. 1281. 1336. 1457. 1690. * acts & monuments p. 415. 416 417. 418. * see the prayer on the 5. of november lately altered , in the last impression 1635. and doctor iohn white his defence of the way , p. 6. ‡ see rastall tit. rome . recusant 〈◊〉 , iesuites , preists . * 25. h. 8. c. 19. 37. h. 8. c. 17. 1. edw. 6. c. 2. 1. eliz. c. 1. canons . 1603. can. 1. 13. * 1. cor. 9. 16. 2. tim. 4. 2. 3. 4. * marke 16. 15. 1. cor. 9. 15. 16. 2. tim. 4. 1. 2. 3. 4. * see the booke of ordination of ministers . * 3. & 4 ed ▪ 6 c 12. 5. & 6. ed 6. c. 1. 8. eliz. c. 1. * see. 25. h. 8 c. 19. 1. eliz. c. 1. 2. 13. eliz. c. 12. can. 1603. can. 1. 13. * who had never beene martyrs had ●hey beene such 〈◊〉 cowards as most ministers are now . * luke . 19. 47. acts. 2. 46. c. 3. 4. & 5. the homily of the right use of the church p. 3. 4. ‡ 25. h. 8. c. 19. 37. h. 8 c. 17. 31. h. 8. c. 10. 1. e. 6. c. 2. 1. eliz. c. 2. 5. eliz. c. 1. 8. eliz. c 1. and the patents to coverdale and story . 5. e. 6. pars . 1. * 2. cor. 11. 2. ‡ levit. 26. 25. deutr. 28. 20. 21. 60. 61. 1. king. 7. 3 37. 38. 2. chron. 7. 13. 15. 78. 50. ps . 126. 21. 29. ier : 14. 12. 11. 12. c. 21. 6. 9. c. 29. 17. 18 c. 32. 24 36 c. 38. 2. c. 42. 17. 22 c. 44. 13. c. 34. 17. ezech. 5. 12 c. 6. 12. c. 7. 15 c. 12. 16 c. 33. 27. c. 38. 24. amos 4. 100 * acts. 26. 18. c. 37. 38. † the exhortation , and orders at the end . * gal. 5. 21. a conc laodice num can. 54. carthag . 3. can. 11. agathense . can. 39. constantinop . 6. can. 24. 5. 〈◊〉 . 62. nicenum . 2. can. 22. turonense . 3. can. 7. with sundry others bochellus . l. 6. decr. eccles . gal. tit. 18. 19. l. 4. tit. 1. 7. l. 8. tit. 10. b isay . 22. 12. 13. joel . 2. 16. 17. jam. 4. 9. iay 22. 13. d sic facit iesus hodie , multos sibi eligens diabolos episcopos , sermo in concil . rhemensi & ad clerum . * joel . 1. & 2. * 27. eliz. c. 1. 2. * though their commission give them no power to close imprison any man , yet now their common practise is to do 〈◊〉 . * isay 59. 6 , 7. * h. mutius germaniae chron. l. 18. p. 152 , 153. * saxoniae chron. cent. magd. 10. col. 622. lu. 6. 36. i joh. 8. 44. k sermon 4. before king edward . l his catechisme , vol. 1. fol. 500. m isay 56. 10. n math. 5. 13. o io● . 20. 21 p isay 61. 1. mar. 1. 38. luke 4. 18. 19 31. 43 , 44. * surius . tom. 3. p. 464. * isay 58. q sessio . 24. decretum de reformatione . c. 4. r see balaeus de ritis pontificum . fox acts & monuments , mr. tyndals practise of popish ●rclates , dr. barnes his supplication to king henry the 8. godwins catalogue of bishops . s chytraeus chron. saxoniae l. 14 p 407. 421 l. 15 p. 433. 434. t chytreus chron. saxoniae l. 2● . p 64● . bucanon rerum scotararum . l. 18. & 18. paltricij adamsoni ●a linodia & melvini celsae commissioni● anatomia . u chytr●us chron. saxoniae l. 6. p. 49. l. 7. p. 219. 220. l. 9. p. 259. 261. 262. 263. 270. 275. l. 10 p. 297 309. 311. 340. 341. 342. l. 12 p. 358. 359 l. 13. p. 388. * qui sacris of ficijs ob meritorum praerogativam sunt applicati , dedecus et valde periculosum est , terrenis actionibus , t●●p 〈…〉 〈◊〉 lacris 〈…〉 cari concil ▪ paris . anno 829 l. 1. c. 28. s 〈…〉 tom. 3. p. 376. * see mr. 〈…〉 yndals practise of popish prelats , dr. barnes his supplication to henry the 8. henry stalbridge his exhortatorie epistle ▪ antiqui ecclesiae brit. et godwins catalogue . y sermon on of the plough & 2. 4. 5. 6. before king edward . z surius tom. 3. p. 374. iohan. 21. math. 20. 1. pet. 5. eccles . 32. * mitra . tim. 4. a hist . angliae an. 1389. p. 374. * this was the doctrine & practise of all our mayrtyrs fox acts & mounments . 1610. p 483. 485. 500. 502. 521. 541. 552. 553. 556. 568. 588. 590. 592 598. 599. 602. 604. 639. 806. 874. 883. 884. 911. 931. 950. 956. 1001. 1006. 1006 1015. 1016. 1099. 1156. 1868. 1889. g chytraeus saxonia . l. 15. p 456. c chytraeus ibid p. 434. d see centur. mage . 4 , 5 , 6 , 7. 8 , 9 , 10 , 11. 12. 13. c. 7. 8. 10. antiquit ecclesiae brit. and godwins catalogue of bishops . e chytroeus chro. saxonia , l. 14. 15. 16. 17. f patricij adamsoni palin●dia . p. 49. 55. * rationalis divinorum . l. 2. de sacerdote rubrica . g see the booke of ordination . and canon . 35. * see bishop white his epistle dedicatory to the arch-bishop of canterbury , before his treatise of the sabath . h respons . ad turriani sophismata pars 2. loc . 18. i eusebius echist . l. 6. c. 8. 10. in the greeke . 7. and 9. in the english . k socrates eccles . hist . l 5. c. 5. 1 socrates l. 7. c. 3. m possidonius in vita augustini c. 8. cent. magd. 4. col. 679. 680. n platina b●l● us luithpraudius , albo de vitis pontificum theodorius a niem . zabarel & marius de scisamte . o eusebius , socrates , nice● borns ; tirpartita historia , passim , cent. mag. 4 , 5 , 6 , 7. c. 10. augustinus contra donatum . p de gestis cum emerito donatist . tom. 7. pars : 1. p. 781. 782 : see mr carwrights answer to the rhemish testament on phil. 1. pag. 499. q in vita joannis 4 & martini 7. r in augustinum de haeresibus . har . 53. ecclesiast hist . l. 11 c. 34. p. 758. t concil . lat . cap. 9. surius tom. 3. p. 740. u surius tom. 1 〈◊〉 . 220. 222. 226 , 343. 459. 165 414. 467. 799. tom. 3. 740. 537. x nec quenquam jam serre potest caesurica priorem , pompriusve parem . lucan l. 1. y de gestis cum emerita donatist : episc . lib. tom. 7. pars 1. p. 782. 783. z see his life before his workes , and es● ncaeus . digres . in 1. tim. l. 3. c. 6. p. 330. a aventinus annal. boirum . l. 4. p. 202. notes for div a68614-e25490 a digres . lib 3. in 1 tim. c. 4. 5. 6. 7. b cent. magd. 3. col. 1335. cent. 10. col. 1542 : see cent. 13. col. 1098. c fox acts & monuments , p 1703. d espenceus digress in 1. tim. l. 3. c. 4. 5 6. 7. e godwins caralo . p. 51. f centur. magd. 3. col. 1043. g cent. 10. c. 10. in his life . h onuphrius and others in his life . i chytraeus chron saxo niae . l. 1. p. 10. k platina , onuphrius , b 〈…〉 lc , opmerus , s●ella , volaterranus , aventinus and others in his life . l c●ntur . magd. 5. col . 998 1035. 1056. cent. 7 col . 496. cent 8. col . 807. cent . 10 col . 598. cent . 11. col . 515. 546. 547. cent . 12. col . 1447. 1458. cent . 13 col . 1039. 1067 1072. m godwins catalogue , p. 143. 211. 216. 314. 460. 473. 545 564. n chytraeus . chron. saxoniae . lip. 1593. p. 10. 19. 44 62. 63. 65. 176. 278. 320 352. 391 456 461. 467. 471 492. 497. 519 520. 532. 545 554. 557. 635 689. 704. 813 819. 927. 928. 930 935. o page 17. 18. 19. 139. p espencaeus digress . in tim. l. 3. c. 4. 5. 6. 7. 8 q see the booke of ordination . the vnlouelinesse, of loue-lockes. or, a summarie discourse, proouing: the wearing, and nourishing of a locke, or loue-locke, to be altogether vnseemely, and vnlawfull vnto christians in which there are likewise some passages collected out of fathers, councells, and sundry authors, and historians, against face-painting; the wearing of supposititious, poudred, frizled, or extraordinary long haire; the inordinate affectation of corporall beautie: and womens mannish, vnnaturall, imprudent, and vnchristian cutting of their haire; the epidemicall vanities, and vices of our age. by william prynne, gent. hospitij lincolniensis. prynne, william, 1600-1669. 1628 approx. 237 kb of xml-encoded text transcribed from 43 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a10199 stc 20477 estc s115447 99850666 99850666 15887 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a10199) transcribed from: (early english books online ; image set 15887) images scanned from microfilm: (early english books, 1475-1640 ; 1183:18) the vnlouelinesse, of loue-lockes. or, a summarie discourse, proouing: the wearing, and nourishing of a locke, or loue-locke, to be altogether vnseemely, and vnlawfull vnto christians in which there are likewise some passages collected out of fathers, councells, and sundry authors, and historians, against face-painting; the wearing of supposititious, poudred, frizled, or extraordinary long haire; the inordinate affectation of corporall beautie: and womens mannish, vnnaturall, imprudent, and vnchristian cutting of their haire; the epidemicall vanities, and vices of our age. by william prynne, gent. hospitij lincolniensis. prynne, william, 1600-1669. [24], 63, [1] p. printed, london : anno. 1628. the first leaf is blank. in this edition, d2r line 2 has: needes. reproduction of the original in the folger shakespeare library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng hairstyles -england -controversial literature -early works to 1800. pride and vanity -early works to 1800. 2002-03 tcp assigned for keying and markup 2002-04 spi global keyed and coded from proquest page images 2002-05 tcp staff (michigan) sampled and proofread 2002-05 sara gothard text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion the vnlouelinesse , of lovelockes . or , a svmmarie discovrse , proouing : the wearing , and nourishing of a locke , or loue-locke , to be altogether vnseemely , and vnlawfull vnto christians . in which there are likewise some passages collected out of fathers , councells , and sundry authors , and historians , against face-painting , the wearing of supposititious , poudred , frizled , or extraordinary long haire , the inordi●●● affectation of corporall beautie ● and women● mannish , vnnaturall , impudent , and vnchristian ●ut●●g of then 〈◊〉 ; the epidemicall vanities , and vices of our age. by william prynne , gent●●ospi●● lincol●●e●sis . 1. 〈◊〉 11.14 , 15. do●th not e●en natu●● h●● sel●●●ea●h you , that 〈◊〉 a man hath long haire , it is ● shame vnto hi● ? but if a wo●an hath long h●●●e , it 〈◊〉 a glory to ●er : for ●er ha●●e is giuen ●er ●or a c●u●ring . epip●●nius , contr. hae●eses . 〈…〉 tom. 2. haer. 80. a●●enum est a catholica ecclesia , & pr●dicati●ne apost●lorum com● 〈…〉 enim non deb●t nutrire comam , cum sit ●●●ago ac gloria d●t . basil , de legen ●is libris gentilium oratio . com● super●●acuas cura●e , vel ins●●licium , vel iniustorum est : na● quid 〈…〉 expec●endum a●t suspicand●m , nisi vt 〈◊〉 ille ornatus saemi●as 〈…〉 u●tet , aut alienis m●●rimoni●s insidietur . ¶ london printed , anno. 1628. to the christian reader . christian reader , i here present vnto thy view and censure , a rough and briefe discourse : whose subiect , though it bee but course and vile , consisting of effeminate , proud , lasciuious , exorbitant , and fantastique haires , or lockes , or loue-lockes , ( as they stile them : ) which euery barba● may correct and regulate : yet the consequence of it may be great , and profitable in these degenerous , vnnaturall , and vnmanly times : wherein as sundry of our mannish , impudent , and inconstant female sexe , are hermophradit●d , and transformed into men ; not onely in their immodest , shamelesse , and audacious carriage , ( which is now the very manners and courtship of the times ; ) but euen in the * vnnaturall tonsure , and odious , if not whorish cutting , and a crisping of their haire , their naturall vaile , their feminine glory , and the very badge , and character of their subiection both to god , and man : so diuers of our masculine , and more noble race , b are wholy degenerated and metamorphosed into women ; not in manners , gestures , recreations , diet , and apparell onely ; but likewise in the womanish , sinfull , and vnmanly , cr●sp●ig , cu●ling , frouncing , powdring , and nourishing of their lockes , and hairie excrements , in which they place their corporall excellencie , and chiefest glory . strange it is to see , and lamentable to consider , how farre our nation is of late degenerated from what it was in former ages : how farre their liues , and their professions differ . we all profess● our selues t● be heroicall , generous , and true-bred english-men , yea zealous , downe-right , and true-hearted christians , desirous to conforme our selues to christ in euery thing : and yet wee are c quite ashamed of our english guise , and tonsure , and by our out-landish , womanish , and vnchristian lockes and haire , disclaime our very nation , countrey , and religion too : alas , may i not truely say of too to many , who would be deemed not onely english-men , but deuout , and faithfull christians : that the barber is their chaplaine : his shop , their chappell : the loo●ing-glasse , their bible ; and their haire , and lockes , their d god ? that they bestow more cost , more thoughts , more time , and paines vpon their hairie lockes , and b●shes , from day to day , then on their peerelesse● and immortall soules ? that they consult more seriously , and frequently with the g●asse , and combe , then with the scriptures ? that they conferre more oft●n with their barbers , about their hairie excrem●●ts ; then with their ministers , about the meanes , and matter of their owne saluation ? are not most of our young nobiliti●● and ge●trie , yea , the elder too , vnder the barbers hand● from day , to day ? are they not in dayly thraldome , and perpetuall bond●ge to their curling irons , which are as so many chaines , and fetters to their heads , on which they leaue their stampe , and impresse ? good god , may i not truely say of our gentrie , and nation , as sen●ca once did of his : e that they are now so vaine and idle , that they hold a counsell about euery haire , sometimes combing it backe , another time frouncing , and spredding it abroade : a third time combing it all before : in which , if the barber be any thing remisse , they will grow exceeding angry , as if they were trimming of the men themselues : doe they not rage excessiuely , if any haire bee but cut to short , if it lye not to their liking , and fall not readily into its rings , and circles ? would they not rather haue the common-wealth disturbed , th●n their haire disordered ? doe they not sit all day betweene the combe , and the glasse ? are they not more sollicitous of the neatenesse of their haire , then of their safetie ? and more desirous to be neate , and spruce , then honest ? f is it not now held the accomplished gallantrie of our youth , to frizle their haire like women : and to become womanish , not onely in exilitie of voyce , tendernesse of body , leuitie of apparell , wantonnesse of pace , and gesture , but euen in the very length , and culture of their lockes , and haire ? are not many now of late degenerated into virginians , frenchmen , ru●●ians , nay , women , in their crisped-lockes , and haire ? haue they not violated the gra●e , and a●●●ent cut , and decent tonsure of their ancestors ; and broken the very ordinance , g and law of god , and nature , by their womanish , h embroidered , coloured , false , excessiue haire , and loue-lockes ? and shall they yet professe themselues to be english-men ; or mortified , humble , chaste , and pious christians ? what , did euer any of our english ancestors ; did euer any christians in former ages ; did euer any saints of god , that wee can heare , or read of , weare a locke ? or frizle , powder , frounce , adorne , or decke their haire ? or wast their thoughts , and time , or lauish out so great expences on their heads , their haire , and lockes , as we doe now ? if not , then l●t vs be as well conceited of our selues , as may be , yet certainely , as long as these new-fangled lockes , and badges of our inuirilitie , g or more then womanish , and vnnaturall effeminacy , which still increase , multiply , and remaine vpon vs , we can neither truely challeng the name of english-men , nor stile of christians . for , h what part or portion can they haue in christ , who weare the very badge , and liuery of the world ? who complie themselues to the guise , and tonsure of the deboistest , rudest , and most licentious ruffians ? or giue themselues ouer to the vanities , fashions , and customes of the very scumme , and worst of men ? is this to be a christian , to follow euery guise ? to take vp euery new-fangled , deboist , and ruffianly fashion ? to submit to euery vaine , and sinfull humour of the times ? to denie our selues , and lusts in nothing ; and to goe as farre in all externall emblems , or symptomes of vanitie , pride , licentiousn●sse , effeminacy , and prophanenesse , as any others : and to exceede euen turkes , and pagans in them , who are not yet so effeminate , idle , proude , and vaine as we ? alas , what is all this , but to be professed enemies , and rebels , vnto christ ? to bee deuill-saints , or bondslaues to the world , the flesh , and satan ? this is not to be christians , but antichristians , infidels , pagans , if not monsters : he that is a christian indeed , is a man of another temper● his i life is not like other mens , and his wayes are of another fashion , k answerable to that high , and holy calling , which he hath vndertaken : l he fashions not himselfe to the customes , cultur●● , guise , and vanities of the world , which he hath renounced in his baptisme : m he liues not to the will , or lusts of carnal men : n neither makes he any prouision for the flesh to fulfill the lusts thereof : all his desire and labour , is to conforme himselfe to christ in euery thing : o to walke as christ walked ; liue as he liued : and to p follow his words and footesteps , in all the passages , and turnings of his life : his life is heauenly , q his conuersation heauenly , r his haire , and habit , such as answ●res his profession , and doe well become the gospel of christ : s not giuing any iust offence , or scandall to the godly , t nor any encouragement , or ill example to the wicked : v his out-side , is consonant to his in-side , and suitable to his profession : x his very head , and habit , doe , yea , will declare hi● m●eke , and gracious heart , and proclaime his christianitie vnto others : how then can such approoue themselues to be true , and humble christians in the sight of god , or men : who are the onely minions , sycophants , and humourers of the world ; following it close at euery turne , and complying themselues so fully , and exactly to its dissolute fashions , and lasciuious guises : y that they haue not onely lost the inward e●●icacie , life , and power ; but euen the very superficies , and out-side of religion ? what euidence can such produce , to prooue their interest , or title vnto christ , who haue nothing ●lse to shew , or plead for it , but the z counterpanes , and indentures , or the cultures , pompes , and vanities of the world , which they haue long since in w●rds at least , renounced in their baptisme ? what , will the b●re name of christi●ns , or the slight , and cold performance of some out-ward dueties of religion , conuey you safe to heauen ? or will such a cold profession of religion saue your soules , which is so farre from changing the in-ward frame , and structure of your hearts , that it hath not yet so much , as altered your vaine , and sinfull guises , and attires● nor differenced you in out-ward appearance , from the most gracelesse , vaine , and sensuall persons that the world affords ? alas , if we looke vpon the out-sides of men , a which would certainely be reformed , if all were right within : ) w●at outward difference can you finde between● many young gentlemen , who professe religion , and the d●boist●st ruffians ? b betweene many graue religious matrons , or virgins , who pretend de●otion , and our common strumpets ? betweene vs christians and the most lasciuious pagans ? are they not all alike vaine , effeminate , proud , fantastique , prodigall , immodest , and vnchristian in their attires , fashions , haire , apparell , gesture , behauiour , vanitie , and pride of life ? are they not all so irregular , and monstrous in their antique tonsures , and disguises , that men can hardly , distinguish good , from bad : continent , from incontinent : gracious , from gracelesse : beleeuers , from infidels ? c there was once a time , when as christians were differenced from pagans , and infid●ls , by the modestie , and meanesse of their apparell , and their abandoning of those externall cultures , ornaments , and attires , which the vnbeleeuing gentiles , and themselues before their true conversion , did admire : but alas , these times are now so altered , and inuerted ; that wee may better know a christian , by these characters , and badges of paganisme , then a pagan : for what idolatrous , or heathen nation is there in the world , so proud , so vaine , so various , so fantastique , effeminate , lasciuious , o● vnchristian in their apparell , fashions , haire , or head-attires , as we english , who professe our selues the prime of christians ? doe we not transcend , and farre surpasse the persians , tartars , indians , turkes , and all the pagan nations in the world , in these ? and may they not lay more claime to christ , and heauen in all these respects , then wee ? let christians therefore who are now thus strangely carried away , with the streame , and torrent of the times , and the vanities , fashions , pompes , and sinfull guises of the world ; d which their owne hearts , and consciences condemned at the first , before they were hardned , and inchanted by them , by degrees , and custome : ) looke well vnto their soules , and to their interest , and right in christ , in these backe-sliding seasons ; when many fall off from religion by degrees , vnto the world , the flesh , and satan , whose snares , and grand e pollutions they had , ( at least in out-ward shew : ) escaped heretofore ; for feare their euidence for heauen , prooue counterfeite at last : and if they finde , f their hearts inclined , or lifted vp to vaniti● , or their affections and practise , biassed to these effemi●ate guises , lockes , and cultures of the world : they haue reason , and cause enough to feare , g that their hearts are yet deuoted to the world , and quite estranged from the lord : h that all things are not yet sincere , and right within them , because their out-sides are so vaine , so proud , fantastique , and vnchristian : and that their claime to christ , is meerely counterfeite , because his graces , stampe , and image shine not in them , but the worlds alone . if therefore wee desire to assure our soules , and consciences in the sight of god , that wee are true and reall christians ; that wee haue any share , or portion in christ , or any inheritance in the highest heauens : let vs bee sure now at last , i to keepe our selues vnspotted from the world : k to crucifie the flesh with the affections , and lusts thereof : l to ab●taine from all these fleshly lusts , which warre against our soules : m to walke honestly as in the day : not in chambering , and wantonnesse ; but putting on the lord iesus christ , and making no prouision for the flesh , to fulfill the lusts thereof : yea to cut , and cast off all those loue-lockes , paintings , powdrings , crispings , curlings , cultures , and attires , n wh●ch b●wray the great deformiti●s , ●ilth , l●sciu●ousnesse , pride , and vanitie of our so●●es , b●t are no luster to our bodi●s : that so wee may ad●●ne the gospel of christ , and beautifie our christian pro●essi●n , by an humble , lowly , examplary , and corespondent conuersation . and if these fashions , lock●s , and cultures s●●m● such niciti●s , tr●fl●s , toyes , or nee●lesse scrupul●sities vnto any , as may admit an easie disp●nsation , and m●y be still retai●ed without any h●rt , ●r da●ger to mens soules , or scandall to religion : i answer● ; that if they are not sinfull , and vnlawfull in themselues , as they ar● prooued in this present treatise by the consent of all antiquitie : yet they are but o e●feminate , ridicul●us , vnpro●itable , and foolish vanities , or cultures of the world , in their very best acception ; which christians should not dot● vpon , since they haue renounced them in their baptisme ; and since they haue farre greater things then these , on which to busie , and impl●y their thoughts and time . christians haue their rich and precious soules to beautifie , p which they vnmercifully butcher , and neglect , whiles they are to c●rious , and exa●t in the culture of their bodies ; they haue a great , and holy god to serue continually ; they haue sundry heauenly graces to procure , cherish , and inlarge : they haue a multitude of christian dueties , and heauenly ex●rcises to discharge from day to day : they haue● q or should haue callings , and sundry warrantable imployments , both for their owne , and others good , and gods owne glory ; all which will quite ingrosse their time , r their liues , and thoughts , and take them off from all these head-altiring cares , in which too many wast , and spend their dayes : no reason therefore haue they to allow themselues in these bewitching , and time-deuouring vanities , which steale away their hearts , and liues from god , and better things . and why should christians take any libertie to themselues at all , in these nugatorie , and vnchristian vanities ? is it not exceeding scandalous vnto others , and d●ngerous to themselues to doe it ? doeth it not s blaspheme , and scandalize religion , and make it odious vnto pagans , who are not halfe so vaine , so proud , and vitious in this kinde as christians ? t and will it not draw all such , who take this libertie to themselues , to greater , and more scandalous sinnes at last , to the wrecke , and hazard of their soules ? alas , such is the strange deceitfulnesse of our hearts , and the inbred prauitie of our natures : that if we once u begin to play , and dandle with small and pettie vices , yea , though it bee but with vanities , toyes , and idle fashions : they will quickly draw vs on to scandalous , great , and hainous sinnes at last ; and so fetter vs in the ginnes , and snares of grosse impieties ; that we shall sooner sincke downe into hell vnder their weight , and pressure , then shake off their bondage . hee that beginnes to nourish , or reserue a locke , or to adorne , set out , and crispe his haire but now and then : though he were a modest , sober , chast , industrious , or some-what religious person at the first : if he once but slacke the raines of his affections to these vanities , and keepe no stiffe hand ouer them , to curbe them in due season ; will soone degenerate into an idle , proud , vaineglorious , vnchast , deboist , and gracelesse ruffian : his amourous , frizled , womanish , and effeminate haire , and locke , will draw him on to idlenesse , pride , effeminacy , wantonnesse , sensualitie , and voluptuousnesse , by degrees ; and from thence to incontinency , whoredome , deboistnesse , and all prophannesse , to the eternall wrecke and ruine of his soule . this the wofull , and lamentable experi●nce of thousands in our age can testifie , who by giuing way vnto the outward culture of their heads , and bodies , and yeelding but a little to the sinfull guises , and fashions of the times at first : haue beene at last precipitated into the very sinke , and puddle of all dissolutenesse , and vncleanenesse , to the inextricable losse , and hazard , not onely of their bodies , goods , estates , and credits : but of their rich , and peerelesse soules . o therefore let vs looke vnto our hearts , and soules betimes , let vs keepe , and fence them against the very * beginnings , seeds , and first appearances of sinne , and vanitie ; against these vaine , these ruffianly , and womanish cultures , frizlings , lockes , and fashions : x which if they once get but entertainement , or footing in our affections , will so captiuate , and inthrall vs ; that wee shall hardly disposses , or quite eiect them , till they haue made vs slaues , and vassals to a world of grosse , and crying sinnes : which will sinke our soules at last● into the very deepest depthes of hell without recouery . and is it not now high time , yea , haue we not now great cause , to abandon , and renounce y these monstrous , strange , ridiculous , and mishapen fashions , and attires : which transforme our heads , and bodies into a thousand antique , and outlandish shapes ? to disrobe our selues , of all our proud , and costly plumes , which bid de●iance to the lord of hoasts , and cause him to vnsheath his glittering sword against vs , to our finall ouerthrow , and vtter desolation ? and to cut , and cast off all those lockes , and emblems of our vanitie , pride , incontinencie , la●ciuiousnesse , and grosse effeminacy , which prognosticate some eminent , and fatall iudgement to our land , and nation ? and hasten to accomplish , and draw it downe vpon vs to the full ? hath not the lord begunne to smite , and ruine vs for these sinnes already ? hath hee not sent a man-eating pestilence , and d●populating plague among vs , which hath cut off thousands , weeke , by weeke : and is it not now likely to reuiue againe , to sweepe vs all away ? hath hee not oft times z cut vs short , by sea , and land , and a blasted all our great designes for sundry yeeres ; so that they haue prooued all abortiue , and beene more fatall to our selues , then hurtfull to our enemies ? hath hee not laid our confederates , and associates round about vs , wast , and desolate : and bereaued vs of those forraine props , and stayes , on which wee did most rely ? hath he not spoiled vs of our name , and ancient glory , which was great , and honourable throughout the world ; and made vs the very b obloquie , hissing , scorne , reproach , and c taile of all the nations ; whereas wee were the head , and chiefe of people heretofore ? hath hee not d taken away from vs , the mighty man , and the man of warre , the iudge , and the prophet , the prudent , and the ancient , the captaine of fiftie , the honourable man , and the counseller ? hath hee not bereft vs of our ships , and marriners by sea : of our commanders , and expert souldiers by land ? hath hee not weakned , and impouerished vs by losses , and ouerthrowes abroad : by decay , and losse of trade : e by diuisions , distractions , pressures , and discontents at home ? hath hee not f reuealed his wrath , and indignation against vs from heauen , by g prodigious thunders , stormes , and tempests , and sundry heauy iudgements ? and may wee not yet truely say , h that for all this his anger is not turned away from vs , but his hand is stretched out still ? doe wee not yet dayly feare a chaos , and i confusion in our church , and state , and a sodaine surprisall of our kingdome ? doe wee not yet feele , and see the heauy k curse , and wrath of god , still cleauing to vs , and increasing on vs : yea , working , and contriuing our destruction , more , and more ? doe not all the characters of a dying , and declining state appeare vpon vs ? and doeth not euery mans owne● conscience whisper , nay , cry aloud vnto him : that vnlesse god prooue miraculously good , and gracious to vs , wee are neere some ineuitable , and irrecouerable perdition , which will put a finall period to our former happinesse ? and l is this then a time , for vs poore dust , and ashes ; when as wee are thus inuironed with feares , and dangers , and euen destinated , and designed to destruction : when as gods ministers , threatnings , word , and iudgements , doe euen summon vs from heauen , m to humble and abase our soules , and bodies : to wallow in the dust , and to abhorre our selues in sackcloath , and ashes : n when as our neckes lye all vpon the blocke , expecting euery moment their last , and fatall blow : to pranke , and decke , our proud , and rotten carcases ? o to lauish out our patrimonies on our heads , and backes , and hang whole manners at our eares , and neckes at once ? to frizle , powder , nourish , and set out our haire , and lockes , in the most lasciuious , amourous , proud , effeminate , ruffianly , and vaine-glorious manner , that the quint●scence of our owne , or other mens vanitie can inuent ? to liue in the very ruffe , and height of pride , and vanitie ? or purposely to sell our selues : yea to educate , and traine vp our children , ( who should p be brought vp in the feare , and nurture of the lord : as the common custome of our nobilitie , and gentrie is ; ) to wantonnesse , idlenesse , voluptuousnesse , epicurisme , and all excesse of sensualitie , pleasure , vanitie , pride , and carnall iolliti● ; as if wee tooke delight , and pleasure in our owne destruction ; or ment wilfully to incurre the very worst , and vttermost of gods heauiest iudgements ? what , haue wee not ●ggreuated , and multiplied our iniquities , and sinnes sufficiently already , but that wee must thus intend , and increase them more , and more ? are we not yet deepe enough in gods displeasure , that we thus pro●oke , and grieue him further euery day ? or doe wee thinke to auocate , or diuert gods iudgements , or to mooue him to compassionate vs , by filling vp the measure of our vnmeasurable sinnes against him ? or are wee willing , and desirous for to perish , or to bring our selues , and countrey vnto speedie ruine , that we are now more vile , more sinfull , proud , and desperately wicked , d proclaiming our impudency , vanitie , idlenesse , hautinesse , and sinne , as sodome did , not labouring once to hide it , though wee expect , yea feele gods plagues , and iudgements on vs euery moment ? alas , ( my brethren , ) what doe you meane to doe , or which wayes will you turne your selues ? will you wilfully cast away gods loue , and fauour : and subiect your selues , to the very vtmost of his wrath , and vengeance ? will you still prouoke the lord to your destruction , euen beyond recouery ? will you subiect vs to the spanish yoake , and bondage ? to all the miseries that rome , that spaine , that heauen , or hell can plot against vs ? if this bee your intended resolution ; goe on , and take your fill of sinne , of pride , and vanitie : i will not interrupt you . but if you would auoid , diuert , and quite escape that ouerrunning flood , and torrent of gods iudgements , ( which is like to sweepe vs all away , wee cannot tell how soone , ) which our sinnes now call for , and our hearts presage is neere at hand : if your desire to inioy more halcyon dayes of peace , or yeeres of iubilie , and full prosperitie , which may make your liues a very paradise , or heauen vpon earth . if you expect any further repriuall at the hands of god , or if you would still retaine his presence , face , and fauour ; his gospel , and protection , e which are sweeter , and better th●n life it selfe , or all the riches , pleasures , and contentments , that thi● world can yeeld you : or if you are now vnwilling for to perish : why then f doe you multiply , and still increase your sinnes , and post on in those wayes of p●ide , and vanitie , which will certainely depriue vs of gods face , and fauour , and all our earthly comforts , & cause vs all to perish ? is this the way and m●thod , t●i●ke you , to app●ase gods anger , diuert ●his iudgem●●●● , 〈…〉 his fauour , to rebell , an● sinne against him mo●● , a●●●●re ? to affront , and dare him to his face , with our bl●●h●●●●● imp●de●cy : our monstrous fashions , a●d a●●ires ? our g 〈◊〉 , whorish , and lasciuious g●st●●●s ? o●r 〈◊〉 ●izled , powdred and vnmanly l●ck●s , and haire ? or m●re then h sardanapalian i●●irilitie , which i ●e ●e●mes not christians , o● men of valo●r ? to pr●u●ke him with our cursing , swearing , whored●●●s , m●rth●rs vsury , bribery , couetousnesse , oppression , i●iusti●e , scurrilitie , ribaldry , and heathenish conuersati●ns ? to disobey his word , abuse his m●rcies , and long-suffering towards vs ; and to k grow incorrigible , and more sinfull vnder all his iudgements , as wee doe ? are these the meanes to compasse all those fauours , which wee now expect , or to exempt vs from those heauie iudgements , which our hearts so feare ? is this the course to salue , to settle , or reunite our tottering , and diuided state ? to secure our selues , our church , or kingdome here at home , or to make vs dreadfull to , or conquerers ouer all our foes , abroad ? o no , these are the onely wayes to l●se our god , our selues , our soules , our church , our countrey , all wee haue , or all wee hope for : these are the l onely meanes to heape , and hasten that , yea more , vpon vs then , we feare : these are the m courses by which w●e haue wilfully cast our selues into those present miseries , which wee feare , or suffer , and which our friends about vs haue drunke of to the full : and shall wee yet proceede on in them ? haue we not smarted enough already for them ? and are wee yet so strangely stupid , as not to take warning by our former stripes ? which n will be doubled , an● trebled yet vpon vs , if we still proceed . o therefore , ( christian readers , ) if you haue any sence , or feeling of our present miseries : any apprehention of our future dangers , vnder the very thoughts , and feare of which we pine , and languish : any bowels of compassion , to your selues , your countrey , or posteritie : any care at all to remooue , diuert , or anticipate those heauie iudgements , which we feare , or suffer : or to reuerse that fatall curse of god , which cleaues to all our publike enterprises , and designes : any forwardnesse to regaine our ancient glory , victories , and renowne abroad : or to establish vnitie , safetie , peace , and welfare in our church , or state at home : or any cordiall , and strong desire , to retaine gods word , his blessing , face , and fauour still among vs , which now withdraw themselues apace , as if they had no pleasure in vs : let vs now , euen now at last , after so many warnings , and repriualls : so many dayes of grace , and mercie , so many milde , and fatherly chastisements , in the midest of all o those enemies , feares , and dangers , which hedge vs in on euery side : ( though p wee are almost sencelesse of them , perchance , beca●se god meanes for to destroy vs : ) abandon all our brauery , pride , and vanitie ; and all these cultures , loue-lockes , and disguises , which blemish our profession , and arme our god , and all our enemies against vs , to our iust destruction : if wee will now lay downe these weapons of rebellion , which bid defiance to the lord of hosts : if wee will reforme our heads , and hearts , q which distemper all our other members , with the flux of sinne ; and make them all vnsound : if we wil yet humble our soules before the lord for all our sinnes , and turne our heads , our hearts , our hand●s , our eyes , and feete vnto his testimonies , without any more d●layes : r it may be there is yet a day of grace , a time of m●rcy , peace , and fauour reserued for vs in the brest of god , and wee may yet esc●pe those sad , and fatall iudgements , w●ich god now threatens , and we feele , or feare : but if we still walke on , as in a progresse , in the effeminacy , pride , and vanitie of our liues , or in the stubbornnesse of our hard , and gracelesse hearts , from euill , to worse , heaping vp sinne , to sinne , without all stinte , or measure , s as wee doe : let other men expect , and hope what good they will ; i for my owne part , can prognosticke nothing , but our finall ruine . for if wee still goe on in sinne , in despite of all gods iudgements , or t ouercomming f●uours : god will , he must , proceed in wrath , and vengeance : so that u though moses , daniel , noah , samuell , iob , and abraham , should stand before him in the gappe , to diuert his indign●tion , wrath , and iudgements from vs , yet his minde could not be towards vs , but hee will cast vs out of his sight ; and send vs out to death , to sword , to famine , and captiuitie without redemption , till we perish . o therefore hearken , and repent betimes , that so iniquitie may not prooue yo●r ruine . and if you would bee rescued from gods iudgements , ( especially from that fatall , and deforming sickenesse of the poxe : which god hath now certainely sent vpon vs , but especially , vpon our gentrie , who are most visited , and af●licted with it , * as hee did vpon the hautie daughters of zion , for our excessiue pride , and ouer-curious decking of our faces , which steale away our hearts , our thoughts , and time from god , and better things : ) or else indeared in his fauour : then wash , your heads , your hands , and x hearts from all their vanities , pride , and wickednesse , that you may be saued : y antidotes will profit nothing , as long as they are besprinkled , with poyson : all our wishes , teares , and prayers , or the supplications of others of gods dearest children for vs , cannot auail● to helpe , to succor , or doe vs any good , as long as they are empoysoned with our sinnes : z if wee regard but any iniquitie in our hearts , ( much more when wee practise nothing but sinne , and all excesse of pride , and vanitie in our liues , ) the lord will not heare vs : a yea , though wee make many prayers to him , and adde fasting to our prayers , to make them more auaileable ; yet , hee will not regard , but quite reiect vs : b his soule shall haue no pleasure in vs. o turne you , turne you , therefore from all the sinne , and euill of your doings : from that abundance of idlenesse , and superfluitie of pride , and vanitie which hath ouer●pred our nation : from all those antique , effeminate , c deforming , strange , and vnchristian attires , fashions , and disguises , which transforme vs into sundry monsters , and almost depriue vs of our naturall , and humane s●apes : that so wee may cloathe our selues with iesus christ , d who will neuer comply , nor suite with such attires , or those who are deuoted to them . and if we will be pranking , and tricking vp our selues , let vs deuote our thoughts , our paines , and time , to the inward culture of our immortall soules , which now lye quite neglected , whiles our hairie excrements are so much adored . these soules of ours , which now we so much vnderualue , as to preferre the very vainest vanities of the world before them ; are the spouse , and loue of christ : the very palace , and temple of the sacred trinitie : the very wealth , and totall summe of all we haue : o then , let vs cloathe , and de●ke these soules of ours , with the robes of iesus christ his righteousnesse : with e the cloathing of wrought gold ; the raiment of needle-worke ; the transplendent iewels , and pearles of grace , and with the whole wardrobe , and cabinet of heauen ; that so wee may euen rauish the very heart of christ , f and make him sicke of loue : and if we will needes adorne our bodies too : g let vs paint our faces with the candor of simplicitie , and vermilian-blush of chastitie : and our eyes with modestie : let silence , or holy conference , bee the ornament of our lips ; the word of god our earings , and the yoake of christ our necke-bracelets : let vs submit our heads to christ , and then they are sufficiently , adorned : let our hands bee busied with the distaffe , or some other honest imployment , of our generall , or speciall callings : and our feete shod with the preparation of the gospel of peace : which makes them more rich , and louely , then if they were clad in gold : let vs cloathe our selues with the silke of honestie , the laune of sanctitie , and the purple of chastitie : taliter pigmentatae deum habebitis amatorem : so shall our god bee inamored with vs , and attoned towards vs : so shall his iudgements bee diuerted , his fauour regained , his mercies enlarged , his gospel continued , our foes subuerted , our church reformed , our kingdome established , our grieuances redressed , our feares remooued , our peace prolonged , and our soules eternally saued , h in that great , and terrible day of the lord , wherein the loftie lookes of man shall be humbled , and the hautinesse of men shall bee bowed downe , and the wrath of the lord of hosts , shall rest vpon euery proud , and loftie person , who is high , and lifted vp , to bring him low , that the lord alone , may be exalted in that day . now this lord , and god of blessing , blesse this poore treatise , to the soul●s of many , which i haue presumed for to publish , not out of any singular , or nouellizing spirit , ( as some may chance to thinke ; because it treates of such a subiect ; in which none else haue euer trauelled to my knowledge : ) or out of any vaine-glorious humour of purchasing applause from others , or venting of my owne conceites : but out of a sincere , and true desire , of confining english-men , and such as beare the name of christians , to english , h and true christian fashions , and attires : to stop the ou●r-flowing sinnes , and monstrous vanities of these our times , ( which farre exceed all former precedents ; and finde either none , or little publike opposition : ) and so , as much as in mee lies , to turne away that blacke , and gloomie cloude of wrath , and vengeance , which now hangs houering ouer all our heads , threatning a sodaine storm of blood , of miserie , ruine , and desolation to vs , vnlesse , we thorowly , and speedily repent : in which if i haue erred in any particular , as well i may , because i haue walked in an vntroden p●th , and had no foote-steps but mine owne to follow , ( though some are so malicious to report abroad ; that my workes , th●y k are some others , not mine owne ; because they haue little else to carpe against them : ) i hope ●y good intention shall mitigate my errors for the present : and my penne correct th●m , if once informed of them , for the future ; so that i neede not feare that schoole-boyes breeching for th●m , which● some pedantique cl●rikes threaten to mee ; who for all their out-side pompe , their doctorated , l or b●a●d●d-gra●itie , de●●rue the schoole-boyes lash , m perchance as w●ll as i , who neither regard their causelesse censures , scoffes , and calumnies , nor yet feare their threates . if i haue causlesly n stirred vp their choller , or tongues against mee , or my bookes , by gla●cing at their pride , pluralities , idlenesse , * nonresid●ncie , or vitious lines , o which are impatient of the lash , though now perchance they need it : or in that i am a laicke onely , not a minister , and yet presume to write in others silence : ( whereas p euery christian is in trueth , an holy priest , to offer vp spirituall sacrifices acceptible vnto god , by iesus christ : q to rebuke his neighbour in any wise , and not to suffer sinne vpon him ; ( especially , in dangerous , and sinfull times , which threaten desolation , both to church , and state : ) and r to contend earnestly , for the faith of the gospel , which was once deliuered to the saints : as well , as clergie men ; what euer papist , or others mutter to the contrary : ) or in that i haue displayed their popish , and arminian doctrines , plots , and proiects to the world , which they would yet keepe vailed till their ends were wrought : or blamed them , s for neglecting their ministrie , and merging themselues in secular affaires : i onely wish them so much grace , and wisedome , as to grow angry , and displeased with themselues , and these their sinnes , and errors ; that so they may in time reforme them : t not with mee ; u who beare no mallice to their persons , ( much lesse vnto their high , and holy function , which i honour : ) but to their errors , sinnes ; and vices , which i onely mention to reclaime them , not defame them : that so those pastors , x whose ill examples vitiate , and cause their flockes to erre , if not all christendome for to suffer : ) being thorowly reformed , both in life , and doctrine : the straying sheepe , ( which now are posting after sundry sinnes , and vanities , and those especially , which i haue here oppugned : ) might be more easily , and speedily , recalled from these wayes of sinne , which are like to lead both them , and vs vnto destruction : and so both sheepe , and pastors , our church , and state ; our zion , and ierusalem , yet preserued , in despite of all their enemies : which exact , and speedy reformation , the god of mercies grant now vnto vs all , for his sonne , and mercies sake , amen . the vnfained wel-wisher of thy priuate , and the publique welfare . william prynne . the vnlovelinesse , of love-lockes . infinite and many are the sinfull , strange , and monstrous vanities , which this vnconstant , vaine , fantastique , idle , proud , effeminate , and wanton age of ours , hath hatched , and produced in all the parts , and corners of the world ; but especially , in this our english climate ; which like another a affricke , is alwayes bringing foorth some new , some strange , misshapen , or prodigious formes , and fashions , euery moment . not to insist vpon those lasciuious , immodest , whorish , or vngodly fashions , and attires , which metamorphise , and transforme , our light , and giddie females of the superior and gentile ranke , into sundry antique , horred , and out-landish shapes , from day , to day : which fashions , and attires both b god himselfe , c with sundry fathers , and * moderne aut●ors , haue punctually condemned : nor yet to mention , that meretricious , execrable , and odious art of face-painting , ( a vice so rife among vs , ) which d god himselfe , which e fathers , which f moderne christian authors , and g sundry pagans , haue sentenced , and branded ; as a meere inuention of the deuill : as an vnnaturall , detestable , heathenish , proud , lasciuious , whorish , and infernall practise , peculiar vnto none but audacious whores , and stu●pets , or persons desperately wicked : as a baite , a snare , or meere allectiue to inescate , and inamour others with vs ; as an art that offers violence vnto god himselfe , in obliterating that naturall , and liuely image , forme , and beautie , which he hath stamped on his creatures : in correcting , changing , and nullifying of his worke ; and so taxing him for an imperfect , bungling , or vnskilfull workeman : in preferring those artificiall faces , and infernall varnishes , which satan hath portraitured , and set out to sale ; before that naturall , and comely countenance , face , and feature , which gods owne curious , and neuer-erring finger hath carued out vnto vs : in changing that into a counterfeite , false , and fained picture , or a rotten , painted statue , which he hath made , a reall , liuely , rationall , and holy creature : and as a pernicious , and soule-deuouring euill , which without repentance , dammes all such as vse it , to the depthes of hell , from which there is n● redemption : and causeth god to forget , yea , not to know them here ; and to disclaime , and vtterly renounce them in the day of iudgement : because they want that royall image , and superscription , which hee had stamped on them ; which i would our painted iezabels , dames , and ladyes would consider , in a deliberate , cordiall , and soule-affecting manner , for feare they feele the smart , and terrour of it at the last : not to insist ( i say ) on these , or many such like sinnes and vanities of our female sex , which would requi●e a large and ample volume to batter and confound them : i haue resolued for the present , to single out one sinful , shamefull , and vncomely vanitie , with which to grapple ; which hath lately seised on many effeminate , loose , licentiou● , singular , fantastique , and vaine-glorious perso●s● of our masculine , and more noble sex : to wit , the nourishing and wearing of vnnaturall , shamefull , and vnlouely lock●s , or loue-lock●s , ( as they stile them : ) which now b●gin to grow into a h common , approoued , and receiued fashion , or vse among vs. these loue●lockes , or e●re-lockes , in which too many of our natio● haue of late begun to glory : what euer they may seeme to bee in the eyes , and iudgements of many humorous , singular , ●ffeminate , ruff●inly , vaine-glorious , or time seruing pe●sons , who repute and deeme them a very generous , necessary , beautifull , and comely orname●t : are yet notwithstanding● but so many i badges of infamie , effeminacy , vanitie , singularitie , pride , lasciuiousnesse , and shame , in the eyes of god , and in the iudgement of all godly christians , and graue or ciuill men : yea , they are such vnnaturall , sinfull , and vnlawfull ornaments , that it is altogether vnseemely , and vnlawful for any to nourish , vse , or weare them . lest this should seeme an harsh , a ●alse , or idle paradox , to ruffians , and such fantastique persons as are delighted in them . i will here propound some arguments , and reasons to euince this true , though strange and new conclusion : that the nourishing , vsing , or wearing of lockes , or loue-lockes , is vtterly v●see●ely , odious , and vnlawfull vnto christians : and thus i prooue it . first that which had its birth , its sou●se , and pedegree fro● the very deuill hims●lfe , must needes bee odio●s , vnlawfull , and abominable , vnto christians . but these our loue-lockes had their birth , their sourse , and pedigree from the very deuill himselfe . therefore they must needes bee odious , vnlawfull , and abominable vnto christians . the maior must bee yeelded , because no good thing can proceede from him , who is all and onely euill , both in himselfe , and all his actions , as the deuill is : the minor i shall backe and euidence , by the authority of tertullian , who informes vs : that k all things which are not of god , are certainely the deuils : but the wearing , and nourishing of these loue-lockes , is not from god , ( no , nor yet from any of his saints and children , with whom they were neuer in vse as we can read of ; ) therefore they must needes b●e from the deuill : and that they were so indeed , wee haue the expresse authoritie , of a learn●d , la●e , and reuerend historian ; who i●formes vs in expresse tearmes : l that our sinister , and vnlouely loue-lockes , had their generation , birth , and pedigree from the heathenish , and idolatrous virginians , who tooke their patterne f●●● their deuill ockeus : who vsually appeared to them in 〈…〉 e of a man , with a long blacke locke on the left side of 〈◊〉 head , hanging downe to his feete : so that if wee will resolue the generation of our loue-lockes , into their first and true originall ; the virginian d●uill ockeus , will prooue to be the naturall father , and inuentor of them . and shall we then , who professe our selues christians ; we who haue giuen vp our names to christ , and so solemnely vowed , and protested vnto god in our very baptisme : to forsake the deuill and all his workes ; turne such prodigious , and incarnate deuils , as to imitate the very deuill himselfe , in this his guise and portraiture , which wee haue so seriously renounced in our very first initiation , and admittance into the church of christ ? certainely , if the deuill himselfe were the first inuentor of these fantastique and vaineglorious loue-lockes ; this very thing doeth stampe such an vnlouelinesse , and vnlawfulnesse vpon them , as should cause all such who beare the name , or face of christians , to abhorre them : this is my first argument . secondly . admit , that this obiection should chance to faile me , ( though i know not how it can well be shifted off : ) yet thus i argue in the second place . that which was , and is an idle , foolish , vaine , ridiculous , effeminate , and heathenish fashion , vse , and custome , of idolatrous , rude , lasciuious , and effeminate infidels , and pagans , must needes bee sinfull , and vnlawfull . but such is the nourishing , and wearing of these loue-lockes . therefore they must needes be sinfull , and vnlawfull . th● maior is irrefragable : because god himselfe hath expr●sly commanded all christians whatsoeuer ; m not to imitate , vse , or follow , the vaine , vnnaturall , ridiculous , effemi●ate , or heathenish customes● fashions , guises , rites , or habits of infidels , pagans , wicked , or worldly men , but vtterly to abandon and disclaime them ; because christ iesus hath shed his rich and pretious blood , of purpose to redeeme and free them from them : the minor i shall euidence by sundry testimonies : it is storied of the effeminate , luxurious , and heathenish sybaerites ; n that it was the common custome of their citie , for their youthes and pages to weare , and nourish loue-lockes tyed vp in golden ribbands : o the ancient germanes did vse to weare long red haire tyed vp in a knot , as our loue-lockes sometimes are : the heathenish , barbarous , and bloody p tartars , doe vsually shaue the forepart of their heads to their crownes , from one eare to the other , suffering their haire to grow long on the hinder part of their heads , like to our women , of which they make two traces , or loue-lockes , which they tie vp behinde their eares . the infidell , and idolatrous q virginians , doe weare a long loue-locke on the left side of their heads ( as our english ru●fians doe ) in imitation of ockeus their deuill-god : whence it was , that a virginian comming into england , blamed our english men for not wea●ing a long locke as they did : affirming the god which wee worship● to bee no true god , because hee had no loue-locke , as their deuill ockeus hath . the r heathenish , and pagan inhabitants of duharhe doe cut their haire , leauing onely two curled l●ckes hanging downe from th●ir temples , which they ●ye vp vnder their chinnes : which eare-lockes , the author stiles a pestilent custome : s in mexico there was a monasterie of young men , who shaued the former part of their heads , letting the haire on the h●nder part to grow , about the breadth of foure fingers , which they ●yed vp in trusses● the t maxyes did vse t● pole the lef● side of their heads , ( as our loue-locke wearers doe the right , ) suffering the haire on the right side to grow long , in nature of our loue-lockes . u the priests of sybil● called curetes , the ae●olians , arabians , ionians , mysians , and machlians , did vse to pole the forepart of their heads , lest their enemies should take hold of their haire ; and so gaine aduantage of them in their warres : leauing their haire long behinde . x musouius in his booke de tonsura● makes mention of some pagans , who did not pole all their head alike , but did cut their haire somewhat short before , and let it grow long behinde : this ( saith hee ) though it may seeme to bee somewhat comely , yet it hath much deformitie in it , neither doeth it any whit differ from the culture , and elegancie of women : for they doe plaite some parts of their hair● ; other parts of it they suffer to hang downe at length , and the rest th●y dresse after another fashion● that they may seeme more beautifull . in like manner men who are thus polled , bewray that they desire to s●eme faire to those whom they study to please● whil●s they cut away some of their haire , and compose the rest in such a manner , as may make them seeme more beautifull a●ong women and children , whose praise they doe affect : which is an effeminate , womanish , voluptuou● , and vnmanly thing : a worthy censure of a pagan on these effeminate , and lasciuious loue-lockes , which should cause all christians to abhorre them . and to conclude this proofe : the y idola●rous chinians , persians , and dacians , though so●e of them shaue their heads full often , yet they leaue a locke , or tuft of haire vpon th●ir crownes about two foote long , that thereby ●hey may bee more e●sily carried into heauen after their death : a very substantiall and worthy reason for the vse of loue-lockes , if men might be carried vp to heauen by them , as these idolaters & mahometans dreame : whereas in truth , they serue for no other purpose , but to giue the deuill holdfast , to draw vs by them into hell : a fitting place for such vaine , effeminate , ruffianly , lasciuious , proud , singular , and fantastique persons , as our loue-locke wearers , for the most part are : you see now by these precedent histories ; that the nourishing , vse , and wea●ing of these vnlouely loue-lockes , was common among idolatrous infidels , and vaine , effeminate , barbarous , vnciuill , and lasciuious pagans , whose custome , guise , and gracelesse fashions , no christians are to imitate : 〈◊〉 for my owne part , i neuer heard nor read as yet , that they were euer worne , vsed , or approoued by any sincere , sober , graue , or godly christians in former ages : wherefore it must needes bee a shame , if not a sinne for vs who beare the habit and name of christians , to deuiate from the vse and custome of our countrey , and from the patterne , and practise of the z saints in former ages , in taking vp these vaine , effeminate , lasciuious , and vnnaturall loue-lockes , in imitation of these rude , these barbarous , effeminate , idolatrous , and gracelesse pagans , whose guise , whose wayes , whose fashions , rites , and customes , no christians are to follow . thirdly . if these two arguments will not conuince our loue-locke wearers , then let them hearken to a third , from which there can be no euasion . that which is contrary to the very word of god , and law of nature , must needes be euill , sinfull , vnlawfull , and abominable . but the nourishing , and wearing of loue-lockes , is contrary to the word of god , and law of nature . therefore it must ne●●es be euill , sinfull , vnlawfull , and abominable . the maior no man dares controule , vnlesse hee will atheistically condemne both god and nature too : the assumption i shall prooue in both particulars : first i say , that the nourishing , or wearing of loue-lockes is contrary to the very word of god : as is manifest by ezech. 44. 20. compared with leuit. 29.27 , and 21.5 . they shall not shaue , nor round , nor make bald their heads , nor suffer their lockes to grow long , they shall onely pole their heads , and by the 1. cor. 11.14 . where the scripture , and nature it selfe informe vs : that it is a shame for a man to weare long haire : now those who weare , or nourish loue lockes : they doe not pole their heads : they weare long haire ; and they suffer their lockes to grow long : therfore they expressely oppose , and contradict the word of god. if any now reply , that these scriptures extend not vnto such as nourish loue-lockes , but to such as nourish all their haire , suffering it to grow out vnto its full and largest length ; as the a massalian heretiques , ( who are therefore taxed by epiphanius : ) the b lacedemonians by reason of lycurgus his law and direction : who thought , that long haire would make those that were comely , m●r● beautifull : and those who were deformed , more terrible to their enemies : the c ancient romans , till foure hundred fiftie and foure yeeres after the building of rome : the d lyceans : the e argiues , or grecians , f germans , g french men , h p●ntingal●s , i arabians , k scythians , l parthians , m cumaeans , n indians , o hispanolians , p mexican priests , q plesco●ians , r waymeeres , s t sueuians , u hagarens , x assyrians , y thracians , z seres , a iberians , b basserani , c anians , d pigmies , e ginneans , f chineans , g malucchians , h iapanites , i curiamans , k chicoranes , l ancient brittons , and other m idolatrous , barbarous , and heathenish nations of moderne and ancient times ; together with some ( n ) particular men , are recorded to haue done ; and not of those who onely suffer a little part , and parcell of their haire to grow long , cutting the rest as others doe : to this i answere first ; that the same law which prohibites the nourishing of the whole , doeth virtually , nay , positiuely disalow the nourishing of any part : because euery part is actually included in the whole ; therefore these scriptures doe condemne all such , as nourish onely their loue-lockes , as well as such as suffer all their haire to grow long : secondly , i answere ; that these scriptures admit of no apporciament : for they command men to pole their heads , not part of their heades ; and not to suffer their lockes to grow long : in the number of which lockes , these loue-lockes are included● especially since this precept is a vniuersall negatiue : loue-lockes , are lockes : they are long haire , which is a shame to men that weare it ; therefore they are vndoubtedly included within , and so punctually condemned by these scriptures : thirdly , the wearing of these loue-lockes , is as great , ( if not a greater ) badge of leuitie . vanitie , singularitie , and effeminacy , as the nourishing of all the haire : therefore both of them are equally condemned by the scriptures : secondly , as the nourishing and wearing of loue-lockes , and long haire , beyond the ordinary , and decent length of the more ciuill , graue , religious , and sobet ranke of men , is contrary to the word of god : euen so it is directly contrary to the law of nature o which no custome can controule : which i prooue , fi●st , by the expresse testimonie of the scriptures : p doeth not nature it s●lfe teach you ( saith the apostle ) that if a man haue long haire , it is a shame vnto him ? but if a woman haue long haire , it is a glory to her , for it is giuen to her for a couering : the apostle here informed vs ; that the nourishing , and wearing of long haire in men , is q contrary to nature : and hee confirmes this assertion , by these reasons : that ( saith he ) which euen by the voyce , and verdict of nature , is a shame to men ; that which is properly , and naturally a womans glory : and which god , and nature hath bequeathed vnto women , for a speciall vse ; to wit , for a r naturall couering , or vaile , and for a badge , or embleme of their subiection to their husbands ; must needes be vnnaturall , and so vnlawfull vnto men : but the wearing , and nourishing of long haire , ( and so of loue-lockes , ) euen by the voyce , and verdict of nature , is a shame to men ; it is the naturall , and proper glory of none but women , to whom god , and nature haue beque●thed it for a speciall vse ; to wit , for a naturall couering , or vaile , and for a badge , or embleme of subiection to their husbands : therefore it must needes be vnnaturall , and so vnlawfull vnto men , euen by the apostles testimony : secondly , that which naturall , and ciuill men doe loathe , abhorre , and vtterly condemne , euen from the very grounds and principles of nature , must needes be opposite , and contrary to the law of nature : but euen naturall and ciuill men doe vtterly abhorre , condemne , and loathe the nourishing , and wearing of these loue-lockes , and ruffianly , or excessiue long haire ; their very hearts , and stomackes , doe rise vp in indignation against them , and abhorre the very sight , and thoughts of them , ( as euery mans owne experience can sufficiently testifie , ) and that from the very grounds , and principle● of nature , which hath stamped , and ingrauen in mens hearts , a secret antipathie , and dislike against these loue-lockes , and long haire in men : hence was it , s that pope benedict the ninth enioyned all the polonians vpon release of cazimir the first their king , who had entred into religion ; to cut their haire aboue their eares , and not to suffer it to grow long : hence was it , that t theophilus the emperour enacted a law ; that all men should cut their haire short , and that no roman should suffer it to grow below his necke , vnder paine of seuere whipping : hence was it , that u king henrie the first , commanded mens long haire to be cut off ( as our iustices , and iudges at the assises oft times doe , ) as being against god , and natures law : ( an iniunction which would well befit our ruffianly times : ) therefore they must needs be contrary to the law of nature . thirdly , the very law of nature doeth instigate , and teach all ciuill , graue , and sober men , who liue vnder any good , and ciuill gouernment , to weare their haire of a moderate , and decent length , and to auoid the wearing , and nourishing of these loue-lockes , and immoderate long haire : what is the reason that our nation did generally heretofore , and doeth yet for the most part , cut their haire of a decent , graue , and comely manner , without any reseruation of a loue-locke ; is it not more from the very direction , law , aduise , or dictate of x nature , which doeth secretly informe them of the decency , and fitnesse of it , then from any binding law , or custome of our countrey ? doubtlesse it is . if then nature doeth teach men thus to cut their haire : the nourishing of womanish , and long vnshorne haire , together with the reseruation of these effeminate , fantastique , ridiculous , and vnciuill loue-lockes , must needes be contrary to the law of nature . lastly , that which sauours of leuitie , vanitie , pride , vain●glory , singularitie , eff●minacy , wantonnesse , lasciuiousnesse , licentiousnesse , selfe-conceitednesse , or the like , must needes bee contrary to the law of nature , because y these sinnes and vices are so : but for men to weare long haire , or loue-lockes , in any christian , or ciuill common-wealth ( as ours is ) contrary to the common vse and practise of our countrey , doeth sauour of all these : therefore it must needes be contrary to the law of nature . now that you may know , that it is contrary to the law of god , and nature , for men to weare , or nourish loue-lockes , or extraordinary long h●ire : consider but what the fathe●s , and others haue recorded to this purpose : z clemens romanus ( if the booke be his : ) enioynes men to pole their heads , and not to suffer th●ir haire to grow long , least the nourishing , and perfuming of their haire , should be a meanes to inflame their lusts , and to illaqueate , or inamour women with them : yea , hee saith ●xpr●●sely , that it is vnlawfull for any christian , or man of god , to frizell , or frounce , to pouder or coloure his haire , to suffer it to grow long , or to fold it together , or tye it vp with an haire-lace , because it is effeminate , and contrary to the law of god. a clemens alexandrinus , as he doeth vtterly condemne the b colouring , poudring , frizeling , curling , and effeminate , and meretricious dressing , adorning , and composing of the haire , both in the male , and female sex : ( a vice and fault to rife among vs , ) so hee likewise commands men to weare their haire of a moderate , and decent length , and not to suffer it to grow long , not yet to binde it vp in fillets like women , as the frankes , and scythians doe : they saith c saint cyprian , are of the deuils court and pallace , not of christs : who transforme themselues into women , with womanish haire , and so deface their m●sculine dignitie , not without the iniury , and wrong of nature : a true and terrible speech , sufficient to startle all effeminate , hairy , poudred , frizled , and excrement-adoring ruffians . d epiphanius condem●es the massalian heretiques very much , for nourishing their haire like women ; informing them , that long haire was contrary to the catholique church , and apostoli●ue doctrine ; which teach vs , that a man must not weare long haire , in as much as hee is the image , and glory of god : so that he which weareth long haire , doeth dishonour christ his head , and sinnes against the law of nature , which teacheth vs ; that it is a shame for a man to weare long haire : e paulinus , f saint ambrose , and g saint chrysostome , informes vs , that it is a shame , yea , a great sinne , for a man to weare long haire at any time , because it is contrary to the order of nature , and the law of god ; because it is giuen to women by the constitution of god , and nature , ( which ought not to be violated , ) for a couering , and for a ba●ge , and token of subiection : whence chrysostome condemnes such , who thought h it no small part of their religion to nourish their haire : saint hierome , certifieth , that all such men as doe effeminately nourish their haire , and set it out by the looking●glasse ; ( which is the proper passion and madnesse of women , ) shall surely perish : yea , i hee condemnes the wearing of long haire , together with the colouring , crisping , frizling , and poudring of it , as a sinne and vanitie : and aduiseth men not to shaue nor make bald their heads , as the priests , and worshippers of k isis , and s●rapis did in former times ; ( and as the popish monkes and shauelings now : ) nor yet to suffer it to grow long , which is proper vnto souldiers , barbarians , and riotous persons ; but to cut it of a moderate , and decent length : l primasius informes vs , that saint paul did expressely note , and taxe the corinthians , for suffering their haire to grow long : as being a scandalous , and an offensiue thing : m theophylact affirmeth , that the man who nouri●heth his haire , is worthy of reproofe , because hee doeth transgresse the lawes of nature , and take vpon him the habit , and forme of a woman , and a signe of subiection , against gods owne institution ; who hath ordained him to be a prince , and a ruler : n s. bernard doeth expressely condemne all such ( though they are souldiers ) who weare long haire ; commanding them to cut their haire , because it is a shame for a man to nourish it : so that by these authorities , to omit o others , the wearing of excessiue long haire , or loue-lockes , is directly contrary to the law of god , and nature : if you now obiect , p that the nazarites were to nourish their haire , and not to suffer any rasor to passe vpon their heads , during the time of their vow , or separation : therefore men may weare loue-lockes , and long haire : now i answere first , that the nazarites had a speciall command to nourish their haire ; not continually , but till their vowes were out , and then they were to cut it off : but we haue now no such command , therefore q we must ●ot doe it . secondly , they did nourish their haire , out of obedience , and holy deuotion vnto god : whereas men in our dayes , doe nourish their haire and loue-lockes , out of vaine-glory , pride , effeminacy , singularitie , lasciuiousnesse , and such like sinister , and sinfull ends : thirdly , they during the time of their seperation , did nourish all their haire , and not one small or little portion of it , as our loue-locke wearers doe : fourthly , they onely by the law of god were to nourish their haire , and none else : therefore , this example doeth euidently prooue ; that all men else , are not to nourish , but to clip and cut their haire : fiftly , the nourishing of their haire was typicall ; typifying vnto vs ; either christ himselfe , or the graces , and beauty of christ : or the saints , and church of christ , as p some obserue : therefore wee may , wee must not imitate them , because all types are ceased now● lastly , god himselfe commands q all such as are to pray vnto him with vncouered heads , to sheare and cut their haire : yea , r if a woman will come , and pray to god with her head vncouered ( as many doe ) shee also is to bee shorne , because shee is vncouered : but all s men are to pray to god with vncouered heads , for as much as they are the image , and glory of god , and to expresse that holy reuerence , and feare which they owe to him : ( especially in the t house and place of prayer , or presence-chamber of their lord and god , where most men now a dayes sit couered ; as if they owed no reuerence , feare , nor seruice , to the lord ; or as if they came for to out-face him , and not to pray , and stoope vnto him : ) therefore all m●n are to cut their haire , and not to nourish it as the nazarites did ; because it is against the law of god , and nature : loue-lockes , a●d excessiue long haire beyond the ordinary , graue , and decent length , are both against the lawes of god , and nature , as i haue already prooued ; and will any man then be so vngodly , or vnnaturall , as still to weare and nourish them , and not to cut them off ? let ru●●ians , and professed loue-locke weares , now at last consider this ; that they transgresse the lawes of god , and nature . if then they are , or will bee christians , as they professe themselues to be , let this law of god instruct them : if they are but naturall and carnall men , let then this u law of nature teach them , to cassheere their ruffianly haire , and loue-lockes for the time to come , for feare they fight against thems●lues & nature ; & so incurre the euerlasting penalty , & censure , both of the law of god , & nature , at the last . but it may bee some will here obiect and say ; that the haire , and loue-lockes which they weare , are supposititious , false , and counterfeit , and not their owne : therefore they violate no law of god , nor nature , since the long haire they vse , is but borrowed , and aduenticious , their owne being sh●rt enough : perchance , but little or none at all . to this i answere first ; that the wearing of counterfeite , false , and supposititious haire , is x vtterly vnlawfull , though it bee now so rife and common , both in our masculine , and female sex : first , because wee haue no precept , no record , no warrant , nor example for it in the scriptures , y which are the onely rule wee are to walke by : the idolatrous and effeminate z medes , ( not any saints , nor christians that we can read of , ) were the first that vsed this false , and counterfeite haire : therefore christians may not vse it . secondly , because god hath giuen euery man & woman such haire , as is most naturall , and sutable vnto them , of purpose that they should weare and vse it , and not contemne it , nor be ashamed of it : those th●refore who dislike the quantitie , or qualitie of that haire , which gods wisedome hath assigned to them , and there●ore purchase the hairie excrements of some other person , to adorne and beautifie their heads with all ; must needes incurre gods iudgement ; because they taxe and censure god , and labour to correct , and change his worke : thirdly , because this wearing of false and counterf●ite haire , doeth alway arise ●rom pride and vaine-glory : in that wee desire to a be more beautif●ll , and comly then god hath made vs : or from concupiscence , ●r vncleann●sse , in that we seeke to inescate , and inamour those with this artificiall and acquisite haire , and beautie , which our owne naturall haire , and feature would not mooue : or from a vaine , and sinfull leuitie of minde , wherby we desire to take vp , and follow ●he vaine , abominable , wicked , and worldly guises , fashions , and customes of the times , which christians must , a abominate : or out of a vaine-glorious , and fantastique desire of singularitie , or differencing our selues from others : or out of an intent , or purpose to delude , and cousen others , by perswading them by this hellish wile : that our haire , and so our complexions , constitutions , and conditions , ( which are oft discouered by the haire , ) are not the same they are : or out of a cursed obstinacy , rebellion , and disobedience to god , and to his lawes , or to the counsell , aduice , and admonition of his saints , and ministers , whom wee purpose and intend to crosse , to thwart and grieue , by our rebellious , gracelesse , wanton , and vngodly liues : these i say , or some of these , are the onely true , and proper grounds , and ends , why men or women weare this false , and counterfeite haire ; now these are all vnlawfull , wicked , and abominable : therefore , the very wearing of this ascititious haire , must bee so too : this clemens alexandrinus knew full well : whence hee informes vs ; b that false and counterfeite haire , is vtterly to be reiected , and that it is a very wicked thing , to attire the head , with dead and ascititious haire . for on whom doeth the elder lay his hands ? whom doeth hee blesse ? not the man or woman , who are thus attired ; but anothers haire , and by it , anothers head . if then the man bee the womans head , and christ the mans : how can it but be a wicked fact for a woman to weare false haire , by which shee fals into a double sinne ? for they deceiue their husba●ds by their excessi●e haire ; and they disgrace the lord , as much as in ther● lies , whiles they are whor●shly attired to the deceit of the trueth , and accurse that head , which is truely beautifull ; thus farre clemens . tertullian writing against the pride and vaine attires of women , condemnes their false , and counterfeit● haire among the rest : c moreouer ye annex ( saith he ) i know not what enormities of periwiges , and counterfeit● haire ; sometimes vpon the crowne of the head like an hat ; sometimes behind in the poll : it is a strange thing , that they thus striue against the commandements of the lord. it is written , that no man can adde to his stature : yet you adde vnto your weight , by adding bracelets , and bosses to your neckes : if you are not ashamed of the enormitie , yet be ashamed of the defilement ; lest thou annex to thy christian and holy head , the excrements , or spoile of some strange , perhaps some vncleane and sinfull head , that is destinated vnto hell it selfe : wherefore thrust away this bondage of attire from your fore-heads . you labour to seeme beautifull in vaine ; in vaine doe you send for the most exquisite tire-women : god commands you to bee vailed ; lest any part of your heads should be seene . would to god i wretched man could lift vp my head among you in the day of christs exaltation , to see whether or no you should rise againe , with the same varnish , painting , and head attire , which now you beare ; or whether the angels should take you vp into the cloudes , to meete christ iesus as you are now attired , and set out : if these things be good , and of god now , they would then accompany you , and inioy their places in the resurrection : but nothing can rise againe , but pure flesh and spirit ; therefore thes● things which rise not againe , neither in the flesh , nor spirit , are condemned , because they are not of god. abstaine from damned things , for the present : let god now finde you such , as hee shall finde you then . d saint hierome , and saint chrysostome , taxe all such , for gracelesse , carnall , and worldly persons , who paint their faces , who frounce , and curle their haire , or adorne , attire , and set out their heads with false , and borrowed haire : e saint cyprian , and paulinus , also doe the like ; therefore , by the voyce and verdict of the fathers , concurring with the precedent reason , the wearing of false and counterfeite haire , either in men or women , must needes bee sinfull and vnlawfull : fourthly , it must needes be so , because f it is impos●ible , that hee or shee , should haue a true ; a sound , sincere , and vpright heart , who hath a false , a counterfeite , and deceitfull head : a false , a vaine , or proud head , is alwayes a presage , resemblance , or concomitant of an hollow , vaine , and hautie heart . hence was it ; g that king philip associating a friend of antipaters , with his iudges , perceiuing him afterwards to coloure his haire , and beard , remooued him from his place : affirming , that hee could not beleeue , that such a one would prooue iust , and faithfull , in the determination of causes , who was so perfidious , and treacherous to his owne haire : as a proud head , and an humble heart , or a lasciuious , vaine , and meritricious head , and an honest , modest , chast , and sober heart , doe seldome , or neuer goe together : so h a false , a counterfeite , an artificiall , or aduenticious head , or face , and an honest , vpright , faithfull , tr●e , and gracious heart , doe seldome ( and if i am not much mistaken , ) neuer meete , in one , and the selfe-same person . such as the head is , such is the heart , there being such a mutuall , and reciprocall intercourse betweene the head , and the heart : that a false heart , will quickly vitiate , and corrupt , an honest , naturall , plaine , and modest head ; and a counterfeite , and artificiall head , an vpright , true , and humble heart . since therefore , the wearing of aduenticious haire ; ( which the lasciuious i heathen poet , doeth much condemne in amourous women ; though many who would bee deemed chast , and modest matrons , are not ashamed for to weare it : euen in the very face , and presence of god himselfe , as if they meaned to outbraue him : ) i● alwayes a badge , or embleme , if not a cause , of a false , a vaine , a wanton , proud , deceitfull , and immodest heart ; it cannot but be euill , and vtterly vnlawfull vnto such , who practise , or professe religion . lastly , the k fathers , doe with one consent auerre , the colouring of our owne haire with an artificiall dye , ( which is now in vse among vs , as well as among the l indians , m french , and n others heretofore : ) to bee vtterly vnlawfull , and abominable : because it doeth disapprooue , correct , and change the worke of god : because it is but a meere inuention , worke , and figment of the deuill : because it sauoureth of pride , lasciuio●snesse , effeminacy , vanitie , and selfe-seeking : and doeth as much as in it lies oppose , nay , thwart , and falsifie the very wordes of christ : who informeth vs , o that wee cannot so much as make one haire of our head , white , or bl●cke , with all our fa●s●● and artificiall dyes , which will p quickly fade and lose their luster , because they are but false and counterfeite . now those who weare false haire , or pe●iwigges , q or frizled , and powdred bushes of borrowed excrement , as if they were ashamed of the head , of gods making , and proud of the tire-womans : whether it be to follow the fashion , or out of dislike of their owne naturall haire ; or out of pride , lasciuiousnesse , vanitie of mind , affectionate beautie , or the like : or else out of a d●sire to couer , and conceale their baldnesse , ( for which r synesius , s erasmus , and the t poet ieere , and vtterly condemne them : ) doe offer as great violence , and iniurie to the worke , and wisedome of god , and to this speech of christ , as those that colour , powder , paint , or dye their haire : therefore they must needes offend god in it : and so by consequence , the wearing of false , and coun●erfeite haire , or loue lockes , must needes bee euill . but admit that it were lawfull , either for men or women , to weare this borrowed , false , or apposititious haire , which i can neuer grant : yet for men to weare it of an excessi●e length , must needes bee euill : as men who weare false haire , or periwigs , doe commonly affirme , u and sweare them to be their owne , ( pe●haps , vpon this euasion , that they haue paid well for them : ) and would ha●e all men deeme th●m for their naturall , and natiue haire ; so they ought to weare them of the same proportion , length , and fashion , as if they were their proper haire , w●thout the reseruation of a locke : because the rules for naturall● must regulate , an● square out the length of artificia●l haire . so that a man must neitheir weare a naturall , no● artificiall , borrowed , or aduenticious locke , because it is contrary to the word of god , and law of nature : which is my third , but not my meanest argument , against these loue-lockes . fourthly . that which is an ordinary , and common badge , or embleme of effeminacy , pride , vaine-glory , lasciuiousnesse , inciuilitie , licentiousnesse , and deboistnesse : must needes be odious , vnseemely , and vnlawfull vnto christians . but the wearing● and nourishing of these loue-lockes , is an ordinary , and common badge , or embleme of effeminacy , pride , vaine-glory , lasciuiousnesse , inciuilitie , licentiousnesse , and deboistnesse . therefore it must needes be odious , vnseemely , and vnlawfull vnto christians . the maior is irrefragable , because christians are x to abstaine from the very appearance , and shadowes : much more from the characters , badges , and f●uites of euill . the minor , i shall backe and fortifie : not onely by the authoritie of y saint basil , z clemens romanus , a saint heirom , b saint cyprian , c clemens alexandrinus , d tertullian , and e theophylact : who taxe and censure such as weare long haire , for effeminate , proud , vaine-glorious , lasciuious , vnchast , intemperate , deboist , and riotous persons ; because their very haire● discouer , and proclaime them to be such : but likewise by the testimonie of athenaeus , f who obserueth this as a badge of effeminacy in the sybarites , iapiges , samians , and colophonians , that they wore long haire , and that they suffered their pages , and children to weare lockes , which they tyed vp in golden ribbands : by the suffrage of g seneca the tragedian : who au●rreth ; that none can stile him a valiant man , whose long staring haire is bedewed with spicknar : and by the practise of aristodemus the tyrant : h who when he would effeminate the cumaeans , for feare they should rebell against him : enioyned them to nourish their haire , and to bind it vp in trusses or fi●●ets like women . long haeire then ( much more the nourishing of a frizled , poudred , and fantastique loue-locke ) must needs be an i embleme , and ensigne of effeminacy , lasciuiousnesse , and vaine-glory . and doeth not our owne experience testifie as much ? what wise , what graue , what religious , or iudicious man among vs is there ; but when hee beholds a man that weares a locke , will presently repute , and deeme him , either an eff●minate , lasciuious , or wanton person : or a proud , a singular , humourous , fantastique , or vaine-glorious spirit : or a deboist , a riotous , licentious , and prodiall ruffian ; or a k vaine , a shallow pated , a giddy-headed , or new-fangled nouice : euen from this very ground , because he weares a locke : most that weare these lockes , are notoriously knowne to bee such as these : wherefore men vpon the very first view deeme them such ; because their lockes describe , discipher , and proclaime them to be such . the minor therefore must bee granted , and the conclusion too . fiftly . that which is odious , l scandalous , offensi●e , and of ill report among the best , the holiest , the wisest , grauest , and ciuiler sort of men , m ●●●t needes bee euill , sinfull , and vnlawfull vnto christians : witnesse rom. 12.17 . 1. cor. 10.32 , 33. phil. 2.15 , 16. and chap. 4.8 . which are expre●●e in point . but such is the nourishing , and wearing of loue-locke , as experience testifieth : for the best , the holiest , the wisest , gra●est , and ci●iler sort of men , both young and old : as they condemne it in their practise , in that they weare , and vse no lockes as others doe ; so they reiect , and censure , loue-lockes in their iudgements , as vaine , effeminate , odious , vnciuill , fantastique , lasciuious , vnnaturall , licentious , humourous , and vndecent vanities , which suite not well with ciuill men , much lesse with christians . therefore they must needes be euill , sinfull , and vnlawfull vnto christians . sixtly . that which in its very best acception , is but a meere ridiculous , foolish , childish , and fantastique toy , or vanitie ; must needes bee euill , sinfull , vnlawfull , and vnseemely vnto christians . but the nourishing , and wearing of loue-lockes , in its very best acceptation , is but a meere n ridiculous , foolish , childish , and fantastique toy , or vanitie . therefore it ●ust needes be eui●● , sinfull , v●lawful , and vnseemely vnto christians . the maior is without controule ; because god himselfe enioynes vs : o not to delight in vanitie ; p not to follow after vaine things , which cannot profit , nor doe vs good in our latter end ; q not to lift vp our hearts vnto vanitie , for they which doe so , shall neuer ascend into the hill of the lord. for the trueth of the minor , i appeale not onely to the voyce , and verdict , of all ci●ill , graue , religious , wise , and sober men ; who deeme these loue-lockes , foolish , and fantastique toyes , and vanities ; but likewise to the consciences , and iudgements of q such as weare these loue-lockes , and are most of all deuoted , & inclined to them : who when they are demanded , why they nourish them ; can yeeld no other true , or solid ground , or reason for it , but only this , which is far worse then none at all : that it is only the leuitie , & vanitie of their mindes : or the foolish , and fantastique custome , humour , and fashion of the times , and nothing else , that mooues them to it . so that these loue-lockes , euen in the eyes , and iudgements of such as doe adore them most , are but idle toyes , & foolish vanities : and therefore christians may , nay , must not vse them . seuenthly . that which is a badge , a note , or ensigne , of wilfull , and affected singularitie : a violation of the decent , laudable , and receiued fashion , guise , and custome of our countrey : and a kinde of breach of ciuill societie among men : must needes bee odious , vnseemely , r vnlawfull , and vnwarrantable . but the wearing , and nourishing of loue-lockes , is a badge , a note , or ensigne , of wilfull , and affected singularitie : a violation of the decent , laudable , and receiued fashion , guise , and custome of our countrey : and a kinde of breach of ciuill societie among men. therefore it must needes bee odious , vnseemely , vnlawfull , and vnwarrantable . the maior is warranted , not onely by the grounds of state , and pollicie : which condemne all innouations , and factious singularitie , as well in habits , fashions , manners , and attiers , as in lawes , and gouernment : and deeme the s ancient customes , guises , and f●shions of a countrey , as obseruable , and vn●iolable , as the very fundamentall lawes , and statutes of it : but likewise by the rules of christianitie , and religion : which condemne all a singularitie , strangenesse , and contrarietie , not onely in b manners , but in c aparell , d haire , and e gestures too ; enioyning all christians : though not f to conforme themselues , to the carnall , idl● , si●●full , vaine , lasciuious , proud , and want on fashions of the world , g from which christ iesus hath redeemed them : yet as much as in them lye● , h to liue louingly , and pea●eably with all men ; endeauouring to keepe the vnitie of the spirit in the bond of loue ; i by confining themselues to the laudable , ancient , decent , comely , and receiued fashions , and custome of the state , and countrey where they liue ; as farre f●orth , as they are consonant , and not repugnant to the law of god , or nature . the minor is most cleare and euident , by its owne light : for is not this a badge , a note , or ensigne of wilfull , factious , and affected ingularitie , ( and so of pride , and selfe-conceit , k which are the nurse , and mother of it : ) for some few particular , or priuate guiddy , braine-sicke , humourous , vaine-glorious , and fantastique spirits , to introduce a new-fangled guise and fashion , of nourishing and wearing loue-lockes , without any publike warrant , or allowance ; contrary to the manner , custome , vse , and tonsure of our owne , or other ciuill , graue , religious , wise , and p●udent na●ions : that so they may d●ff●rence , distinguish , and diuide themselues from others of the common ranke and cut , * as if they were ashamed of their natiue countrey : or as if l they were descended from some other nation , or goue●n●d by some other customes , lawes , or constitutions , then others of their countrey-men , fellowes , kinred , neighbours , and companions are ? certainely , if this bee not affected , grosse , and wilfull singularitie , there is no such thing as singularitie , or breach of ciuill societie in the world. this martiall , and tertullian knew : whence , they condemne such for singular , and fantastique persons , who varied from the cut and tonsure of their countrey , as their authorities in the margent testifie : m it was noted as a point of shamelesnesse , and singularitie in nero , though an emperour ; that hee oftentimes wore his haire combed backeward into his poll , in an affected , and ouer curious manner , after the greeke fashion : if this were effeminacy , and singularitie in a roman emperour , much more are loue-lockes , in our french-english subiects . i haue read of some n humourous , and singular persons in france , who came at last to be stiled secta rasorum , or the sect of shauelings : because they shaued off one side of their beardes ; o as hanun shaued off one halfe of the beardes of dauids messengers in contempt , and scorne : ) that so they might be knowne , and differenced from other men : and may not our loue-locke weares , p who pole one side of their heads , and let the other grow long ● of purpose to discriminate themselues from others ; bee stiled a sect , and faction as well as they ? q the maxyes , are taxed , and noted by historians , as a singular , fantastique , and auerse kinde of people : for polling the left side of their heads onely , and letting the right side grow long , and bushie , contrary to the fashion of all other nations : and may not our fickle , and vnconstant englishmen , who pole the right side of their heads , and l●t the left grow out into ruffianly , and ●ffeminate loue-lockes , contrary to the guise , and fashion of their countrey , incurre the selfe-same censure ? vndoubtedly they may . if a man should seriously propound this question , to any of our loue-locke ruffians : what are the proper , true , and genuine grounds , or motiues , that induce and mooue them for to weare these lockes , contrary to the practise , and custome of their countrey , and of the ciuiler , grauer , and more religious sort of men ? their hearts , and consciences , could giue no other answere , but onely this : that pride , and singul●ritie , are the onely grounds , and causes of it : r the reason why they loathe that natur●ll plaine and common cut , which euery man obserues , and chuse this new one of th●ir owne ; is onely this : because they would bee singular , and somewhat different from the v●lger crue : or because they would imitate some frenchefied , or outlandish mounseir , who hath nothing else to make him famous , ( i should say infamous , ) but an effeminate , ruffianly , vgly , and d●formed locke . and is not this a sure badge , and character , of singularitie , and auersnesse : is it not a kinde of breach , of ciuill societie ; and a violation of the guise , the fashion , and laud●ble , dec●n● , and app●ooued custome of our countrey , s from which we ought not for to vary , without some grand , or weighty cause : ) to contemne the ciuill cut , and ancient tonsure of our countrey , as if wee were ashamed of , or dis●ontented with it ; and to follow this new-fangled , t horred , strange , mishapen , womanish , and outlandish guise , and fashion , which doeth in a manner seperate , and diuide vs from the communitie and body of our proper nation , as if wee had no harmonie , nor communion with it ; or were no limbes , nor members of it ? vndoubtedly it is . wherefore , wee may iustly say of all our impudent , ruffianly , and shameles●e loue-locke fosterers , ( who are odious , and blame-worthy , euen in this respect , u that they suite not with that whole , of which they doe professe themselues a part , ) as saint paul did of the iewes in a different case : x that they please not god , and are contrary to all men : their very lockes are badges of humourous , y licentious , pernicious , and wilfull singularitie : they are breaches of ciuill societie , and infringments of the tonsure , guise , and fashions , of our countrey : therefore they must needes bee euill , sinfull , and vnlawfull vanities , which we should all renounce . eghtly . that which serues for no necessary , laudable , profitable , nor decent vse at all : that which brings in no glory at all to god , nor good , or profit vnto men in any kinde : must needes be euill , vaine , and vtterly vnlawfull vnto christians ; the end and scope of all whose actions , should bee the praise and glory of god , and their owne , or others good . 1. cor. 11.30 , 31 , 32. 1. pet. 4.11 . but the nourishing , or wearing of loue-lockes , doeth serue z for no n●ce●sary , laudable , profitable , nor decent vse at all , that can bee thought of . it brings no glory at all to god , nor no good to those that weare them : they are mee●e superfluous , vnusefull , and vnnecessary vanities in their very best acception : there is no good , no vse , nor profit in them , that euer i could heare of . therefore it must needes be euill , vaine , and vtterly vnlawfull vnto christians . ninthly . that which is an ordinary occasion , or cause of sinne , and euill , both to the wearers , and spectators , must needes be odious , sinfull , and vnlawfull : witnesse matth. 6●13 . 1. thes. 5.22 . which are full in point . but loue-lockes are an ordinary occasion , or cause of sinne , and euill , both to the wearers , and spectators , of them . therefore they must needes be odious , sinfull , and vnlawfull things . the maior needes no confirmation : the minor , i shall prooue in two particulars . first , that loue-lockes are an occasion , or ordinary cause of sinne , and euill , to the wearers , and that in these respects . first , in that they cause them to exalt themselues , and to triumph , and glory in them , as if they were a dignitie , honour , or aduancement to them : as if they did enhance their valour , worth , and bea●tie , and make them better then themselues , or others , in their owne retired thoughts : whence , they oft times cause their hearts to swell with secret pride , in so much , that they doe priuily disdaine , neglect , and vnderualue all such persons who either want them , or condemne them . secondly , in that they oft ti●es cause a prodigall , vaine , and great expence , sufficient to relieue the wants , and miseries of many poore distressed christians , who starue for want of succour and re●iefe . much is the cost , and great the disbursements , which many lauish out vpon their haire , and loue-lockes . so that we c●nnot say as u charillus did ; that haire is the cheapest , and least costly ornament of all other● , which made the lacedemonians for to nourish it , since it is now so costly , and expensiue vnto diuers : how many hundreds are there now among v● , whose heads are almost as chargeable , and expensiue to them , as their backes , or bellies ? whose barbars stipend doeth exceede their ministers ? who bestow more cost vpon their haire , & loue-lockes , then their soules ? who spend more weekely , quarterly , or monethly on their hairie excrements , then they bestow ann●ally , on christs poore members ? how many poore christians would those stipends , and expenses nourish , which many lauish out so largely on their lockes , and haire ; that all their charitie , and bountie , turnes to excrement ; being so smothered , hid , or fast intangled in their costly haire , and frizled loue-lockes , that none but such as marshall , and set out their lockes , can finde them out ? this prodigall expence therefore , which these lockes , and long haire cause , doeth prooue them to be a meanes of sinne , and euill to those who weare , and nourish them . thirdly , they are such , in that they cause a great mispence , and losse of rich and precious time. many are those peerelesse , precious , rich , and mo●ning howers , which diuers spend from day , to day , in ordring , dressing , combing , poudring , platting , ( nay , curling , and crisping ) of their haire , and loue-lockes ; x which a whole genera●● councell : which y scriptures , z fathers , a moderne christians , yea , b pagans haue condemned ; as a badge , and cleare prognosticke of a meriticious , proud , vaine-glorious , false , and sinfull heart : as an allectiue● baite , and prologue , or ba●d , and pander to vncleannesse : and as an effeminate , vnnaturall , vaine , lasciuious , fantastioue , proud , vnchristian , heathenish , and gracelesse practise . much is the time , that many spend betweene the combe and the glasse , in viewing , ordering , platting , frouncing , poudring● and curling of these goodly eare-iewels , or else in dallying , and playing with them . many there are , ( i may be bold to speake it , ) who spend more time , more thoughts , and paines vpon their haire , and loue-lockes , weeke , by weeke , then vpon god himselfe , their soules , or christian dueties : as if they were borne for no other purpose , but to manure , and adore their excrements , whiles their soules lies rotting & vtterly neglected , in the very sorded ragges , and dregges of sin : so that they are an occasion of much ill vnto them , euen in this respect . fourthly , they are so ; in that they commonly incroach so farre vpon their disordred affections , that they ouer-affect , and dote so much vpon them at the last ; as not to part with them vpon any tearmes ; but to bid battell , and defiance vnto all , who shall dislike , or speake against them , or offer any violence , or abuse vnto them : whence it some times comes to passe , that these vnlouely iewels , are made the ground & cause , of many fatall , tragicall , and bloody duels , quarrels , and euents , as some late experiments can abundantly testifie . may i not truely say of many , that they are so inamored , and besotted with their lockes , that they would hazard , and ingage their liues in their quarrell , and defence ? that like c the chinians , or indian iaponites , they deeme it an insufferable contumely , and capitall offence , for any to touch them , or disorder them , much more to speake against them , or to cut them off , which is almost as much as present death ; and that they would rather part with their liues , then lockes ? it is d storied of one clotilde , a queene of france , that she chose rather to haue the heads of young sonnes cut off , then to suffer them to be pold , or shauen , which would haue beene an indignitie , and dishonour to them : and are there not many now among vs , so farre inamored with their effeminate , and vnseemely loue-lockes , that they would rather lose their heads , then them ? vndoubtedly there are : so farre doe vanities infatuate , and poss●sse mens hearts , when once they suffer their affections to runne out vpon them . fiftly , they are so to them , in that they are the cause of much effemin●cy , dalliance , wantonnesse , lasciuiousnesse , and vncleannesse in them : whence , saint heirom doeth e oft times admonish women , to auoid , and quite d●cline , comatos , calamistratosque iuuenes , such youngsters as wore either long , or frizled haire : virosque qu●bus feminei contra apostolum crines : and men of long , and womanish haire , contrary to the apostles prescript : as being lustfull , and lasciuious persons : hence was it , that f painters , and g poets , when as they would delineate , portraiture , discipher , or set out an vnchast , lasciuious , amorous , or incontinent person of the masculine sex , did alwayes paint , describe , and set him out with long , effeminate , womanish amorous , curled , or embroidered haire : to signifie , that h long● or amorous haire , either in men or women , is oft times an incendiary , a prouocation , occasion , or cause of lust , effeminacy , lasci●iousnesse , and vncleannesse in them : whence , your curtezans & amorous pictures , ( which the i scriptures , and k two councels doe vtterly condemne , though they are now so much in vse among vs , ) are alwayes por●raitured with l hai●e hanging loose about their eares , of purpose to prouoke , and stirre vp lust. long haire , and loue-lockes then ( as likewise frizled poudred , and ouer-curious haire , ) being oft times an incendiary , and cause of lust , lasciuiousnesse , wantonnesse , effeminacy , and vncleannesse , both in the m owners and spectators of them , must needes be euill , and vnlawfull , euen in this respect . sixtly , they cannot but bee so ; in that they giue offence , distast , and scandall vnto others , to whom they are a griefe , and eye-sore : now this n giuing of iust offence , and scandall vnto others , is a sinne : therefore these loue-lockes , are an ordinary occasion of sinne , or cause of euill , euen to those that weare them . secondly , they are such to the spectators , & beholders of them ; and that in these respects . first , in giuing an ill example to those of the more effe●inate , fantastique , singular , licentious , and vaine-glorious ranke ; who are o oft times induced by their ill president , and example , p to imitate , and second them in this effeminate , lasciuious , fantastique , singular , licentious , ru●●ianly , vnnaturall , and vaine glorious guise . hence it is , that most men haue no other apologie , plea , nor iustification for the nourishing , and wearing of their lockes , but onely this : that it is q now the vse , and practise of the times : or that such , and such men weare them ; and we are but their ecchos , shadowes , apes , or counterp●nes ; and trace but their footsteps : if they would but abandon them , then wee would too , who desire to conforme our selues to ●heir cut , and fashion : secondly , they are such , in that they animate , and confirme others , ( especially , those of the female sex , ) in their lasciuious , eff●minate , singular , antique , vnchristian , and vaine-glorious guises , fashions , and attires : when r wo●en shall see men so effeminate , singular , humourous , and fantastiquè , 〈◊〉 to crisp , to nourish , pouder , and adorne their haire , or nourish loue-lockes : they presently conclude ; that they ●ay take more libertie , and freedo●e to themselues , in these , and such-like antique , or apish practises , fashions , guises , and attires , then men may doe : whence , they turne themselues into more shapes , and form●s , then s proteus did : into more varietie , and change of coloures , dressings , and attires , * then the polipus hath skinnes , or colours : and into so many monsters , and wonderments of the world , being constant in nothing , but inconstant , vaine , lasciuious , gracelesse , worish , and vngo●ly , trappings , c●ltures , fashions , and attires : t which all gracious , modest , graue , religious , chast , and godly christians should abhorre , as the liueries of satan , and badges of the world . thirdly , they are such to others ; in that they administer occasion to them , to taxe , and censure such as weare , and nourish them , for proud , effeminate , fantastique , singular , humourous , vaine-glorious , licentious , disolute , and lasciuious persons : because the most that weare them are such ; and so to haue perhaps , an vncharitable opinion of them , and to passe an hard , a ●ash , and heady censure on them , euen u against the rules of charitie , and christianitie : which enioyne vs to hope , and iudge the best of all men , v●lesse their liues extort the contrary . fourthly , they are such to others , in that they x offend , and grieue , yea , and oft distemper the soules , of many deuout , religious , gracious , graue , and ciuill christians , yea , and of many sober , ciuill , graue , and moderate carnall men : who vtterly condemne , and disapprooue them in their iudg●ments , as well as in their practise . fiftly , they are such to others , in that they bring a scandall , and imputation , not onely on religion it selfe , which suites not with such idle , and fantastique vanities , or lasciuious guises : but euen vpon our y whole nation : which is oft times taxed of lasciuiousnesse , effeminacy , leuitie , vanitie , inconstancy , guiddinesse , licentiousnesse , deboistn●sse , and the like , by reason of the vanitie , ficklenesse , effeminacy , wantonn●sse , and licentio●snesse of some f●w . since therefore loue-lockes are an z occasion , and cause of euill , both to the owners , and spectators of them in all these respects , they cannot but be odious , euill , vnseemely , and vnlawfull vnto christians . lastly . that whose maine , whose chiefe , and vtmost end is euill , sinfull , vaine , and odious : must needes bee euill , odious , vnseemely , and vtterly vnlawfull vn●o christians . but the maine , the chiefe , and vtmost end of nourishing , and wearing loue-lockes , is euill , sinfull , vaine , and odious . therefore it must needes bee euill , odious , vnseemely , and vtterly vnlawfull vnto christians . the maior being cleere , and euident by its owne ligh● , becau●e , euery naturall , a morrall , or spirituall action is denominated from its end , or obiect : i shall endeauour to euidence , and make good the minor , by ex●mining , and scaning all those seuerall , genuine , true , and proper ends , for which men weare , or nourish loue-lockes ; which are one of these : the fi●st end and ground , for which men weare and nourish them , is either an b imitation of , or a conformitie to the vaine , the wanton , immodest , and lasciuious , guises , and fashions of the times ; or of some licenti●u● , ruffianly , lasciuious , fantastique , humourous , effeminate , proud , vnconstant , vaine●glorious , or outl●ndi●h persons , whose fashions , and tonsure wee admire . now this very end must needes bee euill ; since god himselfe commands vs , c not to conforme our selues to the guise , and fashion of the world , according to the former lusts in our ignorance : d not to subiect our selues to the rudiments , lusts , and ordinances of carnall , or worldly men : e not to walke as the gentiles doe , in the vanitie of our mindes , according to the course , and fashion of the world : f not to liue the rest of our time to the lusts of men , but to the will of god : g not to be the seruants , apes , or followers men : h but to bee the followers , and imitators of god , and christ , as deere children : i who haue redeemed vs from off the earth , and from among the children of men : yea , k and from our vaine conuersation , receiued by tradition from our fathers : ( much more from those vpstart , and new-found vanities , to which wee are now embondaged : ) to this onely end and purpose : l that we should walke as christ walked , liue as hee liued : liuing no longer to our selues , or to our owne deceitfull , vaine , and sinfull lusts , and pleasures , but vnto christ alone : m christ iesus is our onely patterne , and example , and by him wee are to regulate , and square our lines● and actions . now christ him●●lfe , ( or any of his : ) did neuer teach vs for to nourish loue-lockes : they neuer left vs , either patterne , prec●pt , wa●rant , or ex●●ple , of these lasciuiou● , ●nd fantastique vanities : they are but moderne , and new-inu●nted toyes , and vanities , with which the church , and saints of god , in former ages were not at all acquainted . why then shall wee who dare professe our selues to bee the s●ruants , followers , children , and sonnes of christ , & of his church : addict our selues to these vaine , lasciuious , licentious , effeminate , and vnchristian guises of the world ? what haue christians to doe , or intermedle , with the fantastique , immodest , n vnseemely , and vngodly fashions , pompes , o or coultures of the world , which they haue vtterly renounced in their baptisme ? what warrant , or example , haue they in the scripture , to adore , admire , or take vp , these ruffianly , vaine , and foolish trappings , lockes , and guises , which few , but the very scumme of men appla●d , and magnifie ? alas , whose steps , what patternes , doe we follow in these new-fangled vanities ? doe we imitate , and follow christ : or such p pious , and religious ancestors , which walke , as iesus walked ? are they religious , humble , chast , discreet , or holy men , who set and bend themselues to serue the lord , in sinceritie , and trueth of heart ? if so , then shew mee when , and wh●re christ iesus , or any such as these , did euer nourish , or approo●e of loue-lockes , and then you may safely weare them . but if the persons wee imitate , are onely idle , vaine , effeminate , lasciuious , deboist , vaine-glorious , proud , fantastique , singular , ruffianly , or vngodly wretches , who haue no power , nor trueth of grace within them : who make their will , and fancie , the onely rule by which they walke : ( as i feare me , they will prooue all such at last . ) if they are such a● make no care , nor conscience , of following christ , or such are not likely to beare vs company in heauen : let vs vtterly renounce their guise , and fashion , and withdraw our feete from all their wayes : because the ●cchoing , and q imitation of such ( which is the principall , and primary end of wearing loue-lockes , ) i● meerely sinfull , vnlawfull , and vnsee●●ly , vnto christians . the second end , or ground , why many weare , and nourish loue-lockes , is a proud , a singular , fantastique , and vaine-glorious humour : or a desire , that others should take notice of them , for ruffians , rorers , fantastiques , humourists , fashion-mongers , or for effeminate , lasciuious , voluptuous , singular , or vaine-glorious persons , or men of vitious , riotous , and licentious liues . many there are , who nourish them of purpose , to proclaime , and blaze abroad their vanitie , rudnesse , and deboistn●sse , to the world : that so q they may be admired among r the light and vulger sort , or censured by those of the more religious , wise , and grauer ranke , as dissolute , ruffianly , lic●ntious , rude , vaine-glorious , and fantastique persons , since they haue nothing else to make them noted , or knowne to the world. now this very end , ( which many of our loue-locke owners doe intend , ) must needes be odious , and abominable : because it is s a glorying , and triumphing in those sinnes , and vices , which t should bee their sorrow , griefe , and shaeme : because it is a publishing , and proclaiming of their sinne , with impudence , and shamefulnesse , as sodom did : which is the very highest pitch , and straine of all iniquitie ; u and will bring certaine ruine , and damnation to them at the last . the third cause , or end , why many weare , or nourish loue-lockes , is an ouer greedy desire of satisfying the leuitie , vanitie , and ficklenesse , of their various , and vnstable lusts and mindes , which hurry , and post them on to euery new-fangled , fantastique , or vaine-glorious guise . now this being the ground , the cause , and end , why must men nourish loue lockes , must needes bee euill , * bruitish , and vnseemely , because it sauours of lawlesse , and vnruly wilfulnesse ; which pampers the vaine , and sinfull humours , lusts , and dispositions of our carnall hearts , which should bee x mortified , curbed , and restrained . the fourth end , or ground , for which men foster loue-locke● is the commemoration of some mistresse , whore , or sweet-heart , ( as they stile them , ) as being a character , or sure testi●ony , of their deuoted seruice , and true affection to them : whence they were denominated , and stiled , loue-lockes ; because th●y are but emblemes , and significations of mens loue , to such female , amorous , and lasciuious creatures , for w●ose sakes they did reserue , and cherish them at the first : now this being th● originall , chief● , and pro●er , end , of wearing loue-lockes ; it mak●s them odi●us , sinfull , and abominable ; because this ●nd , and ground is such : for y who will not censure and condemne all such , for vaine , effeminate , lasciuious , amorous , vnchast , or sensuall persons ; who dare to wear● , and nourish loue-lockes , against the lawes of god , and nature : and the mod●st , dece●t , graue , and ciuill ●onsure , cut , and custome of their countrey ; of p●rpose for to please , or humour , a vaine , fantastique , light , or worish mistresse , dame , or sweete-heart ? or to bequeath them at the last to some impudent , shamelesse , or vaine-glorious harlot , ( the z onely gulfe to swallow , and deuoure soules without redemption : ) to weare them like some goodly , rich , or pretious iewels in their eares , as an open herauld , badge , or testimonie , to proclaime those r●ciprocall , amourous , vnchast , and lustfull affections , which they bea●e one to ano●her , to their disgrace , and sham● ? d●eth this beseeme a christian , or a child● of god ? are these things tolerable in carnall , graue , or ciuill ; much more in honest , chast , or gracious p●rsons , a whose very culture , haire , and tonsure , should ma●ifest , and proclaime their chastitie vnto the v●ew of others ? were there euer s●ch patter●es , o● pr●●id●nts as these , to be found in any age , in chast , or mo●est men ? ●n any of gods saints , or childr●n ? or in the church of god ? certainely , i neuer heard , nor read as yet of any such , and i dare lay , no man else . wherefore , let those who nourish loue-lockes for this end , ( as many doe , ) and yet dare assume the name , or face of christians to themselues , euen blush , and hide their ●eads for s●ame , nay● vexe , affl●ct , and grieue their hearts , an● soules , at the very remembrance , and thoughts of this , and all those other vaine , lasciuious , odious , scandal●us , si●full , and vnchristian ends , for which they weare , and cherish loue-lockes ; which conuince the very vse , and wearing of them to be euill . if any now obiect ( as many doe ) in the defence , and iustification of these vnlouely , vaine , and foolish haire● iewels . that they are an c ornament , honour● beautie , grace , and credit to them , and hence onely is it , that they nourish them , without any other by respect . i answere , that they are so farre from being any ornament , beautie , grace , or credit to such as owne them , that they are the very brands , and badges of their infamie , and shame : and that by the vnerring verdict , both of god and nature , who expressely informe vs : d that if a man haue long haire , it is so farre from being a grace , or ornament , that it is a shame vnto him : e with which the fathers , and f others doe concurre . who dares then bee so impudently bold , or shamelessely wicked , as to estimate , or repute that for an ornament , grace , or glory : which god and nature , together with the fathers , and all godly , graue , and holy men , repute , and stile a shame ? loue-lockes , and long haire , beyond the sober ciuill , moderate , and decent length , of the more religious , graue , and sober sort of men , are a very infamie , and shame to men ; if fathers , christians , god , or nature , may bee credited : therefore , they are not , they cannot , bee an ornament , beautie , grace , or credit to them ; at least in the eyes of god , and holy men , ( to whom they should endeauoure to approue themselues : what euer they , or other vaine , or gracelesse persons doe pretend . but if men should slight this graue , & weighty testimonie , both of fathers , god , and nature , as a meere vntrueth . i would demand this question of any ruffian , or vaine-glorious gallant , who vaunts , and triumphes , in the length , and largenesse of his locke , and thinkes himselfe much honoured , beautified , and adorned by it : whether that which euery page , or foote-boy , e●ery groome , or coach-driuer , euery loytering rog●e , or cheating rooke : euery r●gged , and raggamuffin souldier : euery nasty , or strange-sented fre●ch-man : euery runnagado , light-footed , or false-handed irish-man : or euery sorded , base , deboi●t , and rascall person weares : that which euery scullian , peasant , cobler , tinker : nay , euery rogue , and begger , which post from goale , to goale , or dore , to dore : that which euery man , or woman in the world , may haue as well as hee : can bee any extraordinary honour , credit , ornament , or beautie to him ? certainely , that which euer ordinary , base , and infamous varlet weares : that g which auery man or woman , is capable of , as well as any man ; can bee no ornament , beautie , grace , or credit vnto any . hence was it , h that clodion the hairy , king of france , desiring to be respected , honoured● and renouned for his long haire ; inacted a law : that none but kings , and their children , with the princes of the blood , should weare long haire , in token of command : which law was long obserued in france : else , his long haire had beene no speciall ornament , nor grace vnto him , if euery one might haue worne it . now there is not the basest peasant , rogue , or varlet in the world , but may weare as long , as great , as faire , and rich a lou●-locke , as the greatest gallant , or the proudest ruffian : yea , wee see that foote-boyes , lacquies , coach-men , seruing-men , ( yea , rogues that ride to tiburne , and the very ●roth , and sc●mme of men , ) haue taken vp this roguish guise , and fashion , and haue it most in vse , and admiration ; and can these lockes then be any ornament , grace , or credit , vnto men of place , of birth , and worth ; since such vile , base , and infamous persons weare , and take them vp in vse ? and since there is none so meane , so base , or poore , but may as well , and freely nourish , and reserue a loue-locke , as the very best , and proudest gallant ? certainely , if loue-lockes , and long haire , were such rich , and pretious ornaments , or beautifull , iewels , as our sect of loue-locke wearers deeme them : then euery woman in the world , ( vnlesse it bee such audacious , impudent , shamelesse , and mannish viragoes , who a clip , and cut their haire , against the lawes of god , and nature : ) then all those barbarians , and heathen nations , who nourish all their haire , and neuer cut it till their deaths : yea , euery b long-tailed horse , the haire of whose mane , and taile , are of a far longer and larger sise , then the greatest ruffians loue-locke : ) should be farre more honourable , generous and comely , then the most ouer-growne , hairie , or deboi●test ruffian , who is most proud and hautie of his loue-locke ; because they transcend him in the length of haire . since therefore loue-lockes , and long haire , are common vnto beasts , as well as men , since euery man , or woman may weare them if they please , as well as any : and since they are so ri●e and frequent among the baser , looser , and deboister sort of men : i may infallibly conclude ; that they adde no ornament , beautie , credit , grace , or luster vnto any , but infamie , deformitie , shame , and disrespect , especially among the better , grauer , and religious ranke of christians : which should cause all men of worth and credit , for euer to discard them . secondly , if men will weare their haire for ornament , and comelinesse sake , let them nourish it of a moderate , ordinary , ciuill , graue , and decent length , which is the most c beautifull , and co●●ly weare of all others . it d was a meere mistake , and error in lycurgus , who e taught the lacede●onian young m●n to nourish their haire at the full length , because if they were beautifull , it would make th●m more amiable and comely : if deformed , more terrible to their enemies : for that ce●tainely , must be ●ost beautifull , and co●ely , that is most sui●able to nature , to the condition of our sex , the custo●e of our countrey : and which d●eth most adorne , commend , and beautifie vs in the eyes of god , and of the bes● , th● wisest , and greatest part of men : now short haire , or haire of a moderate , ordinary , graue , and decent length , is most suitable , and proportionable to nature , to the condition of our sex , and custome of our countrey : ( to all which long haire is contrary and aue●se , ) and it doeth most adorne , commend , and beautifie vs in the sight of god , and of the best , the wisest , the grauest , and greatest part of men , who approoue it as the best and comeliest weare , both in their iudgements , and their practise ; when as they f condemne long haire , and loue-lockes , both in their iudgements , and their practise too , as vnnaturall , womannish , hatefull , and vndec●nt vanities ; which more deforme men , then adorne them : g as things which eneruate , and exh●ust their strength● and spirits : and make them not more ter●ible , but more contemptible to their enemie● : who oft times take aduantage by their haire to foile them , and to cut their throates , h as histories doe relate ; whence , the abantes , the macedonians , and others whose haire had beene an occasion of their ouerthrow in warre ; were forced to pole , and shaue their heads before , least their enemies should take aduantage , or holdfast by their haire , and so put them to the worst , as they had done in former times . loue-lockes then , or excessiue long haire , are neither a grace , nor ornament to the beautifull , but rather a deformitie , disgrace , and shame : they make men not more terrible , but more contemptible to their enemies , who will slight , and scorne them as effeminate , sloathfull , and vnmanly persons , and take aduantage by them : contrary , to that receiued maxime of lycurgus : ( which pag●ns may , though christians ought not to admire , because they haue surer rule and patterne for to walke by : ) so that this first pretence is meerely vaine . if any obi●ct in the second place ; that they nourish , ( yea , frizle , curle , colour , crispe , adorne , and frounce ) their haire , and loue-lockes of purpose to augment , or to set out their beautie : that so they may appeare more amiable , and comely , both in their owne , and others eyes : which end they hope is laudable , good , and iustifiable . i answere first ; that this pretence is no wayes warrantable : for if wee i must not doe euill in any kinde , that so good may come of it : much lesse , may wee curle , die or ouer-curiously decke our haire , or loue-lockes , of purpose to improoue , illustrate , or set out our beautie ; which in its very best acceptation , k is but a brittle , momentany , fading , and inferior good . wee all know , that the acquiring , intending , and enhancing of comlinesse , and externall beautie , is made the common ingredient ; nay , the dayly apologie , patronage , plea , and iustification of many enormious , and sinfull practises . whence is it , that diuers iustifie , and approone the vnnaturall● execrable , mereticious , and infernall varnishing of their faces : together with their immodest , strange , lasciuious , vnchristian , and antique habits , fashions , and attires , l which god , which fathers , which moderne diuines , and christian authors ; nay , infidels , and pagans haue sentenced , and doomed to the pit of hell ? is it not from this conclusion ; that they eleuate , and enhaunce their beautie , and make them more louely in their owne , and others eyes ? whence is it , that our immodest , impudent , and m mannish viragoes , or audacious men-women , doe vnnaturally clip , and cut their haire ; wearing their lockes , and fore-tops ( as they stile them , ) in an odious , and shamelesse manner , as if n they were really transformed , and transubstantiated into males , by a stupendious metamorphosis : is it not f●om this apologie , plea , and iustification , that they doe it onely for ornament , and beautie sake ? now bec●use i am fallen vpon this vile , and odious practise of our women , which is now so much in vse : i will giue you an historicall list of sundry women in former times , who haue polled their heads , and cut their haire vpon sundry grounds and reasons : but none of them out of pride , or fashion-following as our viragoes doe . some there were , who did cut their haire by reason of some religious , idolatrous , or superstitious order , or profession , wh●ch they had taken vpon them . witnesse , the o vestall virgines among the romans ; who vpon their initiation into that superstitious , and retired order , did shaue their heads , and hanged the haire shorne off as an holy thing , vpon a lote-tree neere vnto the altar of the goddesse lucina ; from whence it was called , lotus capillata , or the hairy lote-tree : witnesse , p a monastery of religio●s virgines in mexico , who had their haire cut : witnesse , q monicha the daughter of sanctius a iapanite ; who being conuerted to the faith of christ , did cut her haire : which among the iapanites , is a badge of a retired , and religious life , free from all wordly affaires : and witnesse , the r ancient nunnes in egypt , who vpon their entrance into their holy orders , did vse to cut their haire : this custome it seemes became some-what ordin●ry among religious persons : and therefore the s councell of gangra in the yeere of our lord , 324. canon 17. to preuent this irreligious , vnnaturall , and vngodly practise , inacted : that if any woman should cut her haire , vnder a supposed pretence of pietie , and religion , which god had giuen her for a naturall vaile , and for a remembrance of her subiection , that shee should bee accursed , as an infringer of the precept of subiection : other women haue cut their haire in case of necessitie , for the defence , and safegard of their countrey : t in the last carthaginian warres , the carthaginian women in case of necessitie for want of other matter , did cut their haire , ( their femenine glory , ) to make ropes , and cordes for their ships , and engins : the u roman matrons , when as rome was sacked by the gaules , and the capitoll like to bee surprised , did the like , vpon the like necessitie : whence the romans erected a temple afterwards to bald venus . when x aquilea was hardly besieged by maximinus , their women for want of other materialls , did cut their haire to make bow-strings : so did the y bizantian women likewise , when as their citie was beseiged by seuerus : for which act of theirs , they are all renowned to posteritie ; it being in case of absolute necessitie for the needfull defence both of their libertie , liues , and countrey . other women haue there beene , who haue cut their haire from the practise , vse , and custome of their countrey : thus did the z seres , a tapyri , and irish-women vse to clip their haire , when as their men did cherish it : among the b arimphaeans , both men and women were polled : c in the region of quicuri , the women did vsually defalke , and clip their haire : the d brasilian women , when as their husbands went any long iourney , did vse to cut their haire : e when any woman was to bee married among the ancient lacedemonians , their custome was , to cut her haire close to the skinne : in f bilbaum there is this custome ; that the women poll themselues vntill they are married , and then they let their haire grow out at length : in g trezaene , the girles before their marriage did cut their haire , and dedicated it to hyppolit●s : h among the ancient russians , after any marriage was celebrated , the bride being ready to bee brought to her bed , had her haire cut of , whiles she was dauncing : i the cheriberensean women , when they are to bee married , are polled before vnto the eye-browes , but remaine bushie behinde . all these recited women haue thus vnnaturally cut their haire , fro● the very practise , vse , and custome of their countrey : but what saith saint ambrose in the like case : k maior est natura quam patria : the law of nature l which prohibets women for to cut their haire , ) is stronger then the custome of any cou●trey , which allowes them for to cut it : so that this custome cannot excuse , nor iusti●ie those who vse , and pr●ctise it . other women there are , who haue cut their haire of purpose to consecrate it to some deuill-god , or goddesse : m in sicyonia all the women did shaue off their haire , in honour of the goddesse of health ; and then consecrate it vnto her for a sacrifice . n the vestall virgines , did vsually cut their haire to consecrate it to the goddesse lucina : in o trezaene , the girls did cut their haire to consecrate it to hyppolitus : a fit sacrifice for these heathen idoles . others there are , who haue vsually cut their haire , in token of griefe , and sorrow , at the death and obsequies of their husbands , friends , children . ●rinces , and the like . the * graecian women , when as their husbands , or neare friends died , did vse to cut their haire , in token of griefe , and sorrow for their deaths , casting it into the fire ; wherein their husbands , and friends were burned , or else hanging it ouer their graues , and tombes . p thus did theoph●no shaue her selfe , vpon the death of stauratius her husband : q if an israelite , or iew had taken any captiue woman , that was beautifull , which he desired to take vnto him for his wife ; he was thon to bring her home into his house : and there she must shaue her head , and pare her nailes , and there remaine a full moneth , to bewaile her father , and her mother . r the rom●n , german , milesian , aethiopian , and macedonian women , when as their sonnes , their brothers , husbands , or great men died , did vse to cut their haire in token of griefe , and sorrow . when s germanicus died , certaine barbarous kings did so lament his death , that they polled their wiues in testimony of their heauinesse and sorrow for him . t when the prince of chubdan dieth , his wiues in blacke with sh●uen ●ea●s continually m●urne● u the ●ersians when as any great man died , did v●e to shaue their wi●●s , to expresse their griefe and mourning : x am●ng the canarij , when as the husband dieth , his wi●e cutteth off her haire . the y scythians , and z milesians receiuing a great , and publike ouerthrow , did shaue the heads of euery per●on throughout their countrey and nation● , in token of their sorrow . a in malaber , when as the king dieth and is buried , they all shaue their heads : b and so in fl●rida , when as the king dieth , both men and women cut off halfe their haire , to expresse and testifie their griefe , and mourning . an vnnaturall , impudent , and shamelesse griefe , and sorrow , that is testified by such vnnaturall , mannish , and shamefull expressions . other women are there , who haue had their haire shorne off by way of punishment , an● co●rection , for some notorious crime . the c ancient germans , when as they tooke their wiues in adultery , did vse to cut off their haire first , then did they strip them naked , and whip them through the village where they liued , and so put them away . d mary the wife of constantine , the sonne of irene ; the wife of constantine , the sonne of leo ; the wife of argyrus , and the sister of zoe the empresse were thus p●lled , and then diuorced , and punished for their incontin●ncy , and such like offences : e in bengala , and so likewise among the indian bramanes , if women refused to bee burned with their husbands , they had their heads p●lled , and their haire cut off , as a seuere , and infamous punishment ; and they were euer after reputed dishonest women . among the f indians , french , and t●nians , those who were guiltie of the greatest crimes , were to haue their haire cut off , which was reputed the most infamous , seuere , and heauy punishment of all others : which testifies , that it is the most infamous , vnnaturall , and shamefull ●●ing , that can b●fall a woman , ( not a grace , or ornament , ) to cut or clip her haire . you haue now heard a large historicall narration of women who haue cut their haire in whole , or part , for sundry ends and purposes , against the very order , law , and rule of god , and nature , which none can violate , or transgresse , without apparant losse , and hazard to their soules : but g neuer could i read , or heare of any , that were so strangely impudent , immodest , mannish , and vnnaturally wicked ; as to clip and cut their haire , against the ordinance of god , and nature , the light and testimonie of their owne consciences ; the custome of their countrey , and the opinion , and practise of the church , and saints of god from age to age , of purpose to inhance , illustrate , or set out their beautie ; but onely our audacious , brazen-faced , shamelesse , ( if not vnchast , and whorish , ) english hermophrodites , or man-women monsters ; whose prodigious , and blushlesse impudency , bids battell and defiance vnto heauen it selfe , and dares the lord to smite , or to controule them : certainely , god himselfe hath testified , h that it is an vnnaturall , vile , and shamelesse thing , for women to poll their heads , or cut their haire : therefore they may not clip , nor cut it as they doe , to set out their beautie , or rather to proclaime their shamelesse impudency , to the publike view . if they may not doe it , out of a pretence of religion , or de●otion towards god : as the councell of gangra hath resolued ; much lesse may they vse it out of lasciuiousnesse , pride , wantonnesse : or any affectation of comlinesse , and beautie . but to returne againe vnto our purpose from whence wee haue somewhat , ( though not impertinently ) digressed . as women may not clip their haire , ( no nor paint their faces , nor weare immodest apparell , or attires : ) out of a pretence of comlinesse , and beautie ; no more ought men to nourish , crispe , or frizell it , for this end and purpose . first , because it sauours of effeminacie , and womanish inuirilitie : an odious , vnnatural , and i filthy sinne , which damnes mens soules to hell , without repentance : which k makes men odious and loathsome vnto others , and l misbeseemes all christians . it is a great a disparagement and shame to men ; especially , to christians , to be effeminate and womanish in any thing : much more in the ouer-curious , delicate , and vaine-glorious culture , frizling , colouring , poudring , or adorning of their haire , which sauoureth of nothing but effeminacy . the b scriptures , and fathers condemne this broydering , and curious dressing , and setting out of the haire , euen in women themselues , as an effeminate , and vnseemely thing : c if in women , is it not much more so in men ? the sixt generall councell of constantinople inacted : d that no man should walke abroad with curled haire vnder paine of excommunication : not onely because it was a pompe and vanitie of the world , which christians haue renounced in their baptisme , and a meere baite to inamor , and inescate others : but likewise because it was a ●adge and character of effeminacie : e clemens alexandrinus condemnes all such , for androginous , and effeminate persons , who curle , and crispe their haire like women : f tertullian , chrysostome , cyprian , hierom , and others doe the like : g what a deformed thing is it ( saith ambrose , ) for a man to doe any womanish thing ? therefore let those men who curle their crownes like women , beget , and bring foorth children as women doe : h let god and men ( saith petrarch , ) hate those beastes in the shapes of men , who set out or crispe their haire after an womanish effeminacie : i galataeus , k agrippa , l zenophon , m seneca the philosopher , n seneca the tragedian , o ouid , p martiall , and others , cond●mne this frouncing , frizeling , colouring● powdring , and ouer-curious dressing of the haire , as an effeminate , womanish , and vnmanly thing : which misbeseemes , disgraceth , and deformeth man and woman : therefore we must not vse it to set out our beautie , because it fauours of effeminacie ; a sinne which god , which man , which nature , doe abhorre● secondly , as it relisheth of effeminacy , and inuirilitie ; so likewise , it tasteth of leuitie , vanitie , pride , vaineglory , impudency , incontinency , lasciuiousnesse , carnallitie , selfe-pleasing , selfe-seeking , idlenesse , voluptuousnesse , neglect of god , and better things : as the fathers , and others doe abundantly testifie : few there are either of the male , or female sexe , who are occupied , and taken vp in the frizeling , frouncing , colouring , powdring , or nice composing of their haire , but q incontinent , vaineglorious , proud , sloathfull , carnall , or luxurious persons : who are altogether prodigall , and carelesse of the beautie , culture , and saluation of their soules : who are negligent , and sloathfull in god seruice , and in the practise of all holy dueties : who r play away their time in earnest , and spend their precious liues in foolish vanities ; as if they were borne for no other purpose , but to eate , to drinke , to play , to sleepe , or to ina●our , and set out their bodies : who onely seeke to please themselues , and others ; to pamper , cherish , and set out their proud , their lustfull , and rebellious flesh : ( which should be mortified , and kept vnder , by the substraction of all these outward cultures , and vnchristian attires , which feed and strengthen it : ) such who haue s vnsound , vnchast , and gracelesse hearts ; and would be easily induced to t prostitute their bodies to the lusts of others , or to inescate others with themselues : this authors , and experience doeth plentifully witnesse : therefore we may not vse these effeminate , gracelesse , and vnchristian arts , of purpose to procure or inlarge our beautie , because it sauoureth of so many sinnes , and is practised by few or none , but gracelesse , proud , u vnchast , effeminate , and sinfull persons : and because it is but a doing of euill , that good may come of it . secondly , i answere ; that mans perfect , true , and reall beautie , doeth not consist in the faire , cleare , or comely superficies , delicacy , and tendernesse of the skinne , or face ; nor yet in the curious , nice , and artificiall embroyderies , curlings , textures , colourings , powdrings , or compositions of the haire , as most men vainely deeme : but x in the inward endowments , ornaments , trappings , vertues , and graces of the minde , and soule , in which the excellency , essence , and happinesse of men consist : this is the onely comelinesse , and beautie , which makes vs amiable , beautifull , and resplendent in the sight of god , of men , and angels : this is the onely culture , and y beautie which the lord respects : this is the z onely beautie which christ iesus had on earth , who had no outward forme , or artificiall , or exotique ornaments , to make him amiable : this is the chiefe * and onely beautie , and glory , which the saints , and church of god admire , and partake of both here , and hereafter ; though carnall men abhorre and loath it as the great●st deformitie . if therefore we would bee truely beautifull , and louely both with god , with men , and angels ; if wee would extend our beauties , and improoue them to the vttermost , so as b to inamour , and r●uish god , and christ himselfe : let vs then disclaime these diabolicall , worldly , and vnchristian culture● , c which defile , pollute , detu●pate , and deforme our soules , and make vs odious , and vncomely in the eyes of god , the saints , and blessed angels : and decke our soules with the very d beauties of holinesse , with the e embroidered , rich , and precious ornaments , diamonds , attires , and pearles of grace : let vs bee all glorious , and beautifull within ; that so wee may bee fit spouses for god , and christ to loue and match with , and may f shine as starres , and as the brightnesse of the firmament in gods heauenly kingdome for euermore : this is a beautie that sickenesse , time , and age cannot decay : this beautie will sticke by vs , and continue with vs for all eternitie : yea , it is such a comelinesse as will g supply , conceale , adorne , and grace all corporall deformities , and take them cleane away : whereas h all corporall , and externall beauty , is but meere deformitie , where this is absent : o then let vs prise this beautie most , without which wee are deformed , vgly , and vnlouely in gods sight , let vs admire , seeke , and purchase it with greatest care : so shall we bee abundantly beautifull , and euery way amiable , and comely , though we haue no artificiall trappings , nor externall crispings , cultures , or attires to adorne our bodies , heads , and faces , or to enlarge our externall beautie , which is not worth the seeking . thirdly , i answere ; that i euery thing is most amiable , beautifull , and comely in that naturall feature , comelinesse , and proportion , which god himselfe hath stamped , and engrauen on it . nothing is properly , and truely beautifull , and comely in it selfe , but that whose varnish , glosse , and beautie flowes , and springs from god himselfe ; who is the onely fountaine , and spring of beautie : all acquisite , externall , exotique , and artificiall varnishes , cultures , dressings , and attires , which any wayes change , sophisticate , or alter that naturall feature , forme , and comelinesse , which the prudent , and vnerring hand of god hath wrought , and formed in vs : transforming vs into another hue , or plight , then god hath giuen vs : is so farre from adding comelinesse , or luster to vs , that k it doeth more deturpate , and deforme vs ; ecclipsing , obfuscating , and deprauing that naturall , and liuely portraiture and beautie , which the curious pencell of god himselfe hath drawne , limmed , and engrauen on vs. hence was it , l that solomon in all his glory , was not arrayed like one of the lillies of the field : because their array , and beautie was naturall ; his , but acquisite , and artificiall . if therefore we would be truely beautifull , let vs content our selues with that naturall beautie , haire , and feature , which god himselfe hath bequeathed to vs , as being most suitable , and conuenient for vs. doubtlesse , if god had euer thought , that crisped , frounced , powdered , or artificiall , acquisite , and embroidered haire had beene most for his glory , or for our beautie , good , and comelinesse : m himselfe would out of his infinite wisedome and goodnesse haue assigned vs such naturall haire as this , which we affect and seeke ; else hee could not haue beene so wise , so good , so perfect , and exact a god , so exquisite , and skilfull a creator as we all repute him . since he therefore , being wisedome , goodnesse , knowledge , and beautie it selfe hath designed such naturall , and vnadorned , or vncrisped haire vnto vs as is most comely , proper , and behoofull for vs : let vs not murmure , nor finde fault with him , nor call his art , his wisedome , his goodnesse , and discretion into question : n let vs not offer violence and force to him , in labouring to correct , to alter , perfect , or amend his worke ; or to o new-moulde , or make our selues , as if wee were more wise then ●ee : p but since wee cannot make so much as one haire white or blacke , when as god who numbers all our haires , hath giuen it another tincture , let vs rest contented with that lot and portion , with that naturall haire , and comelinesse which god hath giuen vs , q as all other creatures doe , who neuer seeke to change their haire or plumes , as men and women doe : for feare wee prooue farre worse the● beasts , spurnning against our wise and great creator , and saying to him with those presumptuous pot-sheards in the scripture : r why hast thou made vs thus ? to the wracke and ruine of our soules . that beauti , haire , and forme , is best and comelie●● , which god , which grace , and nature , ( not children , loose and wanton persons ) deeme most beautifull and comely : but god , and grace , and nature , deeme our naturall beautie , haire , and feature best and comeliest : and none but children , licentious , vaine , lasciuious , and gracelesse persons vnderualue them , preferring these artificiall curlings , powdrings , colourings , embroiderings , and dres●ings of the head , the haire , and face before them . therefore these naturall must needes bee best and comeliest : if therefore we would bee beautifull , and lo●ely in good earnest , let vs rest contented with natures wa●d-robe , not adding art or culture to it : for feare wee offer violence vnto god himselfe , and put the deuills varnish on his worke and image . fourthly , i answere ; that an effeminate , womanish , and s affected sprucenesse , or concinnitie , ( especially , in haire and excrements , the lowest and most inferiour parts , if parts of man , ) is no ornament , grace , nor comelinesse , but rather a deformitie , and disrespect to men : as being vnsuitable to their magnanimous , masculine , and heroicke sexe . t a neglected , naturall , an vnaffected beautie , face , and comelinesse , doeth most adorne , commend , and set out men : the onely meanes therefore for men to enhance , illustrate , and set out their beautie , is to neglect it , not to seeke it , at least but in a moderate , carelesse , remisse , and vnaffected manner : so that this pretence of seeking beautie , is but false and vaine . fiftly , though u naturall beautie be a gift of god , not wholy to bee slighted , because x it addes some luster to our gifts , and graces , being regulated and a●tended with chastitie , modestie , m●ekenesse , and humilitie : y as our vices ( on the other side , ) doe staine obfuscate , and blemish both it , and all externall cultures , and attires else : yet a studious , curious , inordinate , and eager affection of beautie , ( especially , by effeminate , and vnchristian cultures , fashions , and attires , ) must needes bee sin●ull , and abominable : yea , farre worse then drunkennesse , and excesse of wine ; if z clemens alexandrinus may bee credited : and that for these ensuing reasons : first , because a it proceedes most commonly , from an adulterous , vnchast , an● lastfull heart , or meretricious , and whorish affection : for if it bee true of naturall beautie , b that it is seldome accompanied , or attended with chastiti● , and continencie : that it is c commonly a baite , a snare , a baud , a pander , and strong alectiue vnto all incontinency : much more must it bee true of artificiall , and affe●ted comelinesse , d the badge and ensign● of a common harlot , or an incontinent , and lasciuious person : e he , or she , can neuer bee a chast and vndefiled virgine in the sight of god , who desires to bee amiable in the eyes of men : for though they doe not alwayes actually prostitute their bodies to the lusts of others , as most that doe affect an accurate , excessiue , or artificiall beautie , in crisping and adorning of their haire and faces doe : yet since they inamor and inescate others , and kindle a fire and flame of concupisence , and vnchast affections in the hearts of many , who cast their eyes vpon them , by these meretricious cultures , and ouer-studious , and affected countenances , dressings , and attires , which seeme to set their bodies out to sale ; they cannot but bee guiltie of * incontinencie in themselues , because they thus occasion it in others . those who haue continent and chast affections , as they deeme this corporall , and out-side f beautie a needelesse and superfluous thing : so they are so farre from seeking , or affecting it : that like that chast and beautifull g pagan , they would rather h obscure , neglect , and quite deface their naturall beauties , by inflicting wounds and scarres vpon their faces , to make them more deformed , for feare least others should be infatuated and insnared with them : then any wayes curle , crispe , adorne , embroider , or set out their haire , and faces , to their owne , or others preiudice . i beautie is no helpe nor furtherance , but a great impediment vnto chastitie : therefore this studious affectation of it , and inquirie after it , proceeds not from a continent or chast affection , but from a lasciuious , lustfull , and adulterous heart : and so it cannot but be euill . secondly , it must needes bee euill , because it flowes as from an effeminate , and vnchast , so likewise from a proud , vaineglorious , carnall , worldly , and selfe-seeking spirit , which aymes not at gods glory , nor at its owne , or others good and welfare : there are none who seeke an artificiall comelinesse , or transcendent beautie , by altering , colouring , crisping , or adorning of their heads , or haire , or by any such like meanes , but doe it out of an inward , and secret k pride of heart , of purpose to be proud , and blesse themselues , ( as fond l narcissus did of old , and many idle christians now , who make their haire , and face their idoles : ) in their owne beauties , skinnes , and shadowes : and to deifie , or adore themselues , their haire , their heads , and faces , like so many pettie gods : or else they doe it to winne respect and praise , from carnall , gracelesse , and iniudicious persons , by seeming more beautifull , and louely to their sensuall eyes , then in themselues they are . or out of a m worldly , carnall , and selfe-seeking heart , to please themselues , & others : to conforme themselues vnto the guise , and sinfull customes of the world , and times , which christians haue renounced in their baptisme : or to pamper , humour , satisfie , and set out their proud , and sinfull flesh , n which should bee mortified , and crucified , with all the inordinate lusts , affections , and desires of it● or else they vse it out a meere fantastique , singular , and vaineglorious humour , as o sir thomas ouerbury , hath well obserued : who makes this , the very character of a phantastique , or improuident young gallant : to study by the discretion of his barber , to frizle like a baboone : three such ( saith he , ) would keepe three of the nimblest barbers in the towne from weauing net-garters : for when they haue to doe with him , they haue many irons in the fire . these are the proper , true , and onely rootes , the ends , and springs from which this search , this labour , and iniquirie after beautie , fairenesse , or complexion flowes : these are the maine and chiefest reasons , for which our men , or women nouris● , colour , frizle , powder , or set out their haire : now these are sinfull , odious , and vnlawfull . therefore we must not nourish , curle , powder , colour , embroider , or set out our haire , of purpose to diuulge , enhance , or blaze our beautie , ( which in trueth , p consists in grace , in holinesse , and in a well-spent life , and not in haire , in face , in skinne , or superficies , ) as this obiection , or vaine excuse pretends : gods glory , our owne , and others reall , true , and spirituall good , should bee the end , and ayme of all our actions : let vs alwayes eye , intend , and minde this blessed end in all our wayes ; and then wee shall not seeke for corporall , f●eeting , nor externall beautie , which betrayes , and wrackes the soules of many , but brings no solid , true , nor reall good to any . you haue heard and seene now christian readers , the birth and pedigree ; the beginning , growth , and end : together with the vnlawfulnesse , vanitie , effeminacy , and vndecency of loue-lockes : you see how they thwart the lawes of god , and nature , and the tonsure , cut , and custome of our countrey : you haue heard and read , what vncontrouleable , and conuincing arguments haue beene produced , to prooue them to be odious , lasciuious , vncomely , and vnlawfull , toyes , and vanities ; which bring no glory at all to god , nor ornament , grace , or good to men in any kinde : to bee such infallible characters of leuitie , vanitie , lasciuiousnesse , pride , effeminacy , and vaineglory , as misbeseeme not onely gracious , and holy christians , but likewise the more temperate , and ciuill sort of carnall men : to bee things of ill report among the grauest , best , and wisest ranke of christians , q whose iudgements ought not to b● slighted : you haue h●ard and seene what the fathers , and moderne authors haue concluded of extraordinary long haire , and so of loue-lockes ; how they haue passed a doome , and sentence of condemnation on them : for of trueth , r saith iohn valerian , a great clearke of italy , ) to nourish the bushes , or the haire , is the fashion of women ; or else of such men , as liue delicately , and vnchast : for the long haired people were euer esteemed both of the greekes , and latines for a token of foule lust , and filthie liuing : and for my owne part , i neuer heard as yet of any laudable , honest , lawfull , iust , or sound apologie , or iustification , that might , or could be pleaded for them ; but onely these absurd pretences , which i haue here refuted , and defeated . i beseech you therefore by that homage , duetie , and respect which you owe to god , and nature ; and by that reuerence and submission , which you yeeld vnto the opinions and iudgements of the fathers , and the best , the wisest , grauest , holiest , and most iudicious christians : by that conformitie , and regularitie , you owe vnto the ancient , laudable , and decent habit , fashion , tonsure , guise , and custome of your owne countrey , and nation , of whose cut , and tonsure , you s ought not , you neede not bee ashamed : by the loue and care you beare vnto your names , and credits , among the best , and wiser sort ; and by the good , and happinesse you wish vnto your soules at last , which loue-lockes will inuolue , and merge in sinne : by that sacred vow , and couenant , which you haue solemnely made to god , and sealed , or subscribed in your very baptisme : euen to forsake the deuill and all his workes , the pompes , and vanities of this wicked world , and all the sinfull lusts of the flesh : ( in all which these loue-lockes haue their part , and share : ) and by that ioy , and heauenly consolation , which you hope , and long for at your deaths ; when all the powdring , curling , cost , and time , which you haue vainely , and prodigally cast away vpon your haire , and loue-lockes , will prooue but gall , but horror , shame , yea , anguish , griefe , and bitternesse to your soules : that you would now at last abandon , and vtterly renounce the nourishing , vse , and wearing of these lasciuious , singular , vaineglorious , vnnaturall , and vnlouely loue-locke , ( which god , and nature , which all good , all holy , graue , and ciuill men , both now , and heretofore ; as also the vse , and ancient practise of our countrey doe condemne : ) together with that lasciuious , odious , effeminate , and vnchristian frizling , colouring , platting , frouncing , or delicate , and curious composition , and t powdring of the haire , which oft times make mens liues to stinke ; and doe now so farre ingrosse the thoughts of many , both of our male , and female sexe : that they can finde no spare , nor leasure time , to dresse , adorne , or beautifie , their vgly , filthy , naked , poore , and vnadorned u soules , ( which lye rotting , and stinking in the dregg●s of sinne , as if they were things of nought : ) that so , you may with all humblenesse , and sinceritie of heart , and minde , and all lowlinesse , and feruency of spirit , euen set , and bend your selues to seeke , and serue the lord vnfainedly in all things : and demeane your selues in such a gracious , modest , humble , holy , blamelesse , exemplary , deuout , and christian manner , as may adorne the gospel of iesus christ , and beautifie that outward profession , and practise of religion , which you haue formerly tainted , and defamed by your vaine , lasciuious , proud , luxurious , ruffianly , gracelesse , and vnchristian conuersation : it was a receiued vse and custome heretofore , for men in times of griefe , of sorrow , and affliction , to poll their heads , and cut their haire , as x authors , and the y scriptures testifie : beloued , these times wherein wee liue , which way soeuer we turne our selues , are times of griefe , of sorrow , misery , trouble , and affliction ; which sommon vs to fasting , weeping , and mourning , to baldnesse , and sackcloth : let vs therefore take occasion from the present time , to clip , cut off , cashere , and vtterly relinquish , our vaine , our rus●ianly , singular , effeminate , and vncomely loue-lockes , and excessiue haire ; together with all false , or borrowed excrements , or artificiall crispings , wreathings , colourings , powdrings , and ouer-curious cultures , and compositions of our haire ; ( which z god himselfe , which councells , fathers , and moderne diuines ; yea , pagan authors haue condemned : ) that so we may with broken hearts , and contrite spirits , vnfainedly abase our soules before the lord , to diuert those fatall , heauy , sad , and dolefull iudgements , which are now approaching toward vs , and euen ready for to seise , and prey vpon vs for our many sinnes : whereof our pride , our vanitie , our wantonnesse , and effeminacy in haire , and apparell , are not the least . if we refuse this counsell and aduice , which the vicinitie , and neeren●sse of gods iudgements , doe euen force , and pr●sse vpon our hearts : and still proceed , to nourish , decke , set out , and crispe our haire , and loue-lockes , a or our corruptible , base , and crazie bodies , which will bee turned into dust and ashes , and troden vnder foot● ere long : spending more time , more thoughts , and cost vpon them , then vpon our soules , which is the case of many : if wee intrude , and thrust our selues into the very house , and presence of our glorious , great , and holy god , so frounced , curled , powdred , perfeumed , painted , and adorned , as if we came to church of purpose to out-face , and dare the lord : to daunce , and not to pray : to feast , and not to fast : to laugh , and not to weepe : b to see , and to bee seene , and not to heare : to shew our selues , our cloathes , our iewels , our haire , our beautie , our pride , our vanitie , and effeminacie vnto men : but not our hearts , our pietie , our deuotion , our humilitie , and repentance vnto god , as c the fathers phrase it : if we place our pietie , and deuotion in our cloathes , and haire , and thinke our selues d holiest , when our cloathes , and haire sit neatest : if we e thinke we haue done god good seruice , when wee haue but washed our skinnes , and tricked vp our heads and haire , to come and shew our selues in the church , about the latter end of prayers or sermon , of purpose to f draw the eyes , and hearts of others after vs , and so to withdraw them quite from god : * if wee take more care and paines to adorne our heads , and faces , for the view of others , then to prepare , and fit our hearts , and soules by prayer , and meditation for god , and for his ordinances ; as alas , too many idolatrous , and selfe-seeking christians doe in these our dayes , who adore no other deitie , but their haire , their heads , their faces , cloathes , and borrowed beautie : wee haue then no other hope but this ; that god will loathe our persons , and our prayers too : and g powre out the very dregges , and fulnesse of his wrath , and fury on vs , to our finall ruine . let this then , cause vs to renounce , abhorre and loathe these sinfull , odious , vnchristian , lasciuious , and vnlouely vanities . bernardi . meditationes , cap. 11. omnia quae ad vsum vitae accepimus , ad vsum culpae conuertimus : quapropter iustum est , vt qui in cunctis peccauimus , in cunctis feriamur . finis . notes, typically marginal, from the original text notes for div a10199-e140 * 1 cor 11.5.6.15 . a 1 tim. 2.9 . 1 pet. 3.3 . b conuerter●̄● in muliebre● toller a●tia● viri , non vsum tantu● atque naturam , sed etiam vultum , incessum , ha●itum , & totu● penit●● quicquid aut in sexu est , aut in vsu viri : ade● vers● sunt in diuersum omnia , vt cum viris nihil magis pudori esse opporteat , quā si muliebre aliquid in se habere videantur : nunc nihil turpi●● viri● quibusda● videtur , quam si ●● aliquo viri viderentur . saluian . de gubernat . dei● l. 7. p. 263.264 . c pu●e● eos nationis suae quod non german● aut galli sint procreati , ita patriam capillo tranferunt● tertul. de cultu . ●aem . c. 4. d pro deo quisque habet quod coli●● g●losi , venter , deus est● haeretic● , dogma quod fi●xit . hier. com. lib. 3. in ose. 14. & in amos c. 2. capilla impudicarū mulierum idola . granatensis hom● in festo . mariae magd. e qu●d illo● o●tiosos vocas , quibus apud tonsorem multae horae transmittuntur , dū decerpitur si quid proxima nocte succreui●● d●m de singulis capillis in consilium itur : dū aut disiectae coma restitu●●ut , aut deficiens h●●● atque illinc in ●rontem compell●tur ? quomodo irascuntur si to●●or paulo negligentior ●uerit , qu ●si virum t●nderet ? quomodo excandescunt si quid de i●●a sua decisum est , si qu●d extra ordinem i●cu●t , nisi omnia in annulos suos reciderunt . quis est istorum q●● non malit rempublicam turbari , quam com●● suam ? qui non sollicitior si● de capitis sui decore , quam de salute ? qui non com●t●or esse mali● , quam hones●ior ? &c. de breu. vitae . cap. 12. f capillum ●rangere , & ad muliebres blanditia● vocē extenu●re , moll●tie corporis certare cum faeminis , & iucundissimis se excolere munditiis nostrorū adolescentium specimen est . senec. controuers . l 1. proaemio ● componit crine● ps●ca● infalix : altera le●um extendit , pectitque co●as , & voluit in orbē : est in c●nsilio matrona , admotaque lanis , emerita qua cessat acu● sententia prima huius erit : post ha●●●t●te atque arte minores censebunt : tanquam famae discrimen agatur , aut ●nimae : tanti est , quaerendi cura decoris . iuuenal . satyr . 6. g see 1 cor. 11●14 . ezech. 44.20 . reu. 9.8 . h 1 tim. 2.9 . 1 pet. ● . 3 . see mr. byfields s●rmon on 1 pet. 3●3 . 4 . g adhuc in processu vitia sunt● inuen●t luxuria aliquid no●● , in quod insan●at . inuenit impudicitia nouam contumeliam sib● . inuenit del●ciarum dissolutio & tabes aliquid tenerius molliusque quo pereat . adhuc quicquid est boni moris , extinguimus leuit●te & politura corporis . muliebres mūditias antecessimus , colores meretricios , matronis quidem non induendos viri sumi mus . tenero et moll● ingressu suspendimus gradu● ; non ambulamus , sed inceaimus . exornamus annulis digit●s , in omni articulo gemma disponitur . quotidie comminiscimur , per quae virilitati fiat iniuria , vt traduc●tur , quia non potest e●●i . seneca . nat. quaest. l. 7. c. ●1 . h 1 cor. 6.14.15.16 . iam. 4.4 . 1 iohn 2.15.16.17 . i wisd 2 . 1● . k c●loss . 1.10 . 1 thess 2.12 . ephes. 5.8 . l rom. 12.2 . gal. 1 4 ephes. 2.1 2● col. 2.20 1 pet. 1.14 . si● inter ancillas diaboli & christs discrimen : vt exemple sitis illis , vt edificentur in vobis : vt magnificetur deus in corpore vestro : magnificatur autem per pudicitiam , & per habitum pudicitiae competentem . tertul. de cultu . faem . cap. 7. m 1 pet. 4 2.3 . n rom 13.13.14 . o 1 iohn 2.6 . p 1 pet. 1.15 . & 2.21 . q phil. 3.10 . r 1 tim. 2.9.10 . 1 pet. 3.3.4.5 . phil. 1.27 . rom. 26.2 . s 1 cor. 10.32 33. t col. 4.5 . v nusquam christia●●● aliud est . tertul . de corona milit. c. 9. x mores ●eos habitu● pronunciet , 〈◊〉 spiritus per aures ab imprudenti● vulneretur . tertul . de cultu . faem . cap. 7. deus s● fuerit in pectore , cognoscetur & in capite faeminarum . tertul . de velandis virg. c. 14. y ia● religionis antiquae non solū vn tutem amisimus , sed nec specimen re●inemus : ecce enim habitus noster qui humilitatis solebat esse insigne , in signum gestatur superbiae . bernard● ad gul. abb. apol. z v●● habitu negant quod toto suggest● profitentur . tertul. de veland . virg. c. 11. a 〈◊〉 . 23.26 . elingua philosophia vita content● e●t , ipse habitus sonat si● denique auditur philosophus dum videtur , de occursu meo viti● suffundo . tertul. de pallio . cap. 8. b video et inter matronas , atque prostibulas nullum de habitu discrimen relictum . tertul . apolog. aduers. gent. c see tertul. de pallio : & de cultis faeminarum . cypr. de habit : virginum . ambros . de virg. lib. 3. hierom. epist. 23. epist. 7.8.10 . fulgentius ad probam . epist . 3. clem. alex. padag . lib. 2. cap. 10. l. 3. ● . 2.3.11 . salu. de guber . dei. l. 4. d quid non inuertat consuetud● ? quid non assiduitate duretur ? quid non vsui ce●at ? quantis quod prae amaritudine prius exhorrebant , vsui ipso malè in dulce conuersum est ? primum tibi importabile videbitur aliquid ; processis temporis ●i assuescas iudicabis non adeò graue ; p●ulo post , nec senties : paulo post etiam delectabit . ita paulatim in cordis duritiam itur , & ex illa in auersionem : bernard● de consid. lib. 1. cap. 2. e 2 pet. 2 . 11●19 , 20. f psal. 24.4 . g in hoc cognoscim●● quod seculum diligimus , quia praciosa vestiment●●mamu● . qui seculum no● diligit , pr●c●●●sa vest●ment●● non quaerit . quando hom● gaudet de pulchritudi●e c●rporis , mens eiu● elongatur ab amore creatoris . quanto amplius in corporis compositione laetaemur , tanto magi● ae superno amore disiungimur . bernard . de modo bene viuendi . sermo . 9. h ex cordis thesauro sine dubio procedit , quicquid foras ap●aret vitiosum . vanum cor vanitatis notam ingerit corpori , & exterior superfluitas , interioris vanitatis indicium est . mollia indumenta animi molliciem indicant . non tanto curaretur corporis cultus , nisi prius fuisset neglect● mens inculta virtutibus . bernard● ad gu●ielm . abbatem . apolog . i iames 1.27 . k galat. 5.24 . l 1 peter 2.11 . m romans 1● . 13.14 . n mundicies corporis atque vesti●us , ●nimae immunditia : quibus signis animus ●ibid●●osus ostenditur : & per ex●e●●orem hominem , interi●oris hominis v●tia demon●strantur . hierom . tom. 1. epist. 27. c. 10. cult●s mu●e bris & luxuriosus , non corpus exornat , sed de●eg●t mē●em . q●intil . instit. orat. l. 8 proaemio● o see caluin : comment . on numbers 6. v. 5. mayer exposit : on 1 pet. 3.4 . p talis misericordia crudelitate ple●a est , qua videlicet it a corpori seruitur vt anima iuguletur . qua enim charita● est carnem diligere , & spiritum negligere ? quaue discretio totum d●re corpori , & animae nihil ? qualis vero misericordia ancillam reficere , & dominam interficere : bernard . ad gul. abbatem . apolog. see perkins cases of conscience , lib● 3. sect. 3. quaest. 3. babington on the 7 commandement . mr. byfield on 1. peter 3.3 . q see mr. perkins t●eatise of callings . r tamdi● discendum est quem . adm●dum viuas , quandiu viu●● . vi●ere tota vita discendum est ; & fortasse quod magis miraberis , tota vita discendum est mori . seneca . epist. 76. & de breu. vitae . cap 7. s quam blasphemabile est , si quae sacerdotes pudicitiae aicimur , impudicarum ritu procedatis cul●ae aut expictae tertul. de cultu . faem . c. 7. t mens deodicata sic caueat minora vitia vt ma●ora : quia a minimis incipiunt , qui in maxim● proruunt . bernard . de ordine vitae . col. 112● . c. u vanitas ad iniquitatem l●bitur , & dum ex al●is ad ali● semper impellitur , suborientibus culpis inquinatur . ex vanitate ergo , ad iniquitatem ducimur : cum prius per leuia delicta defleuimus , vt vsu cuncta leuigante , ●equaquam post commit●ere etiam grauiora timeamus . na● dum moderari lingua otiosa verbae negligit , audax ad noxia prorumpit : dum gula incumbitur , ad leuitatis protinus ins●niam proditur : cumque mens sub●gere delectationem carnis renui● , plarumque & ad perfidiae voraginem ruit . si enim curare parua negligimus insensibiliter seducti , audenter etiam maior● perpetramus : quia si vanitatis culpa nequaquam caute compescitur , ab iniquitate protinus mens inca●ta deuoratur . vanitatis quippe finis est , vt cum peccato mentem sauciat , hanc ex culpa audacem reddat . et sit plerunque vt prauis d●sideriis seruiens , a ●ugo se diuini t●moris excutiat , & quasi in malorum perpetratione iam libera , omne quod volupt●s suggerit , implere conte●dat . greg. mag. moral . l. 10. c. 13.14.15 . * principi●s obsta : sero medi●ina paratur , cum mala per long●s inualuere moras . ouid . de remed amoris . l. 1. x qui blandien●o dulce nutriu●t m●lum , sero recusat ferre , quod sub●it iugum . se neca hyppol . act. 1. qui se cupiditati volentes dediderint oppugnanti , voluntatem resisten●i vlterius non habebunt tyrannice dominanti ● et ho● fit iusto dei iudicio : vt qui cupiditati resistere noluimus ingressurae , iam resistere nequeamus ingressa , &c. prosper . de vita contempl. lib. 2. c. 15. y qui● f●cit illa ridicula monstruositas , & mira qu●dam deformis formositas , ac formosa deformitas ? quid ibi monstruosi centauri ? quid s●ms-hom●nes ? videas sub vno capite multa corpor● , & rursus in vno corpore capita mu●ta ? bern. ad gu●● abb●tem . apolog. z 2 kings 10. 32 vulnus habent populi● plus est quam vita salusque , quod perit : in totum mundi prosternimur aeuum . lucan . phars . l. 7. p. 125 a ier. 37.7 . 2 king. 19.7 . b ier. 18 16. & 19.1 . & 25 9. mich. 6.16 . c deut 28.44 . d isay. 3.2.3 e laeta dies populo rapta est : concordia müdo , nostra perit . lucan . phars . l. 9. p. 173 f rom. 1.18 . haec quoque de coelo vulnera missae pu●es . ausonius epigram . ep. 2. g isay , 28.2 . & 22.6 . h isay , 5.25 . & 9.12 , 17 , 21. i ezra . 9.7 . isay. 34.11 . k deut. 28.45 2 king. 22.19 . isay , 24.6 . & 34.5 . & 43 28 i●r . 24.9 . l 2 king. 5.26 hag. 1 4. m isay. 22.12 . zeph. 1 . 2●3● ier. 4.8 . & . 6.26 . & 25.34 . n nonne hoc ●●uum , monstri genus est , esse aliquos etiam in morte vitiosos . quis captiui●atem expectans de circo cogitat ? quis metuit mortem & ridet ? nos & in metu calamitatis ludimus , & positi in mortis t●more ridemus . salu● de gub. deil. 7. p. 227.236 . o breuissimis loculis patrimonium gran● de pro●ertur , vno lino decies sestertium inseritur : saltus & insulas tener● cer●ix fert . graci●es aurium cu●es calendariu● expend●nt , & in sinistra per singulos digi●os de saccis singulis ●●●●it . hae sunt vires ambitionis , tantarum vsurarum subst●ntiam vno & muliebri corpusculo baiulare . tertul. de hab . mulieb . c. 5. see clem. alexand p●edag . lib. 2. c 10.12 . lib 3. c. 2.3 . vxor tua locupletis domus censum a●ribus gerit . video vniones non singul● s●ngulis aurib●s comparatos : iam enim exerci●●ae aures oneri serendo sunt : iunguntur inter se , & in●uper ali● bo●is superponuntur ? non satis mu●●e●ris i●sani● viros subiecerat ; nisi bina ac ter●● patrimonia auribus singulis pependisset . sen. de ●ita beata . c. 17. de beneficijs . lib. c. ● . p ephes 6.4 . d esay ● . 9 . e psal. 63.3 . f mal● i●●●ssabiliter ●●li● addi●●●● , & peccata peccati● cumulamus : & cu● maxima nostri p●rs ia● perierit , id agim●● vt peream●● om●es . t●●●● animorum , ●el t●nta poti●● peccatorum cacit●● est , vt cum maxima nostri pars ●am pe●ierit , nullus id agit v● ne pereat . salu. de gub. dei. l. 6. p. 200.214 . g multe quo●que eis am●torias salutationes imprimunt , vt vel per terram numero●e incedentes , mere triceos spirit●s in incessu sculpant . clem. alex p●ed●g . l. 2. c. 11. h of whi●h see diodorus siculus● bibl. hist. l. 2. sect. 23. iustin. hist. lib. 1. athenaeus dipnos . l. 12. c. 12. sleidan . l. 1 i in fortis autem viri vultu ●ullum esse ●portet signum molliti●● , sed ●eque vlla parte corporis . neque ergo in motu , neque in ●abitu inueniatur v●quam magni animi , & excelsi dedecus . clem. alex. paedag. l. 3. c. 11. k nos vrimur & secamur : sed nec ferr● desectione , nec cauteriorum adu●tione sanamur : imò quod grauius est , cura ips● deteriores sumus . cunctos prius est interire quam corrigi : salu. de gub. dei. l. 7. p. 226. l. 6. p. 205. l quasi fato quodam i● vitia ruimus , & ex vit●is in calamitates zonaras praefat. ad annales . m a deo quippe punimur , sed ipsi facimus vt puniamur . nos ergo aduersum nos omnia facimus . nos calamitatum nostrorum auctores sumus . nihil , itaque nihil est in nos crudelius nobis . nos , inquam , nos etiam deo nol●nte cruciamus . salu. de gub. dei , l. 8. p. 282. n deus crudeli●● vrit , quos videt inuit●s succub●isse sibi● tibul● l 1. eleg. ● . o mag●is i●imicoru● circu●damur agminibus : hostiū plena su●t omnia . hier. tom 1. epist. 22. cap. 1. p sopor quippe infunditur , vt perditi● subsequ●tur : cum 〈◊〉 cōpleti● iniqui●●●bus suis qu●̄● meretur vt pereat ; pr●●identia 〈…〉 tollit●r , ne periturus eu● : dat : salu. de gub. dei : l. 6. p. 234. q morbid● en●m capite , nihil sa●●●● est est : neque vllu●● omnin● membru● officio suo f●●gitur , vbi quod est principale non constat : salu. de gub. dei : l. 7. p. 234. r zeph. 2.3 . ionah● 3.8.9.10 s ad mundana gaudia , & temporalia bona multitudo procliuis est . et quamuis incertum , caducumq , sit quod cupitur , libentius tamen suscipitur labor pro desiderio voluptatis , quā pro amore virtutis : ita cum innumer● sunt , qui visibilia concupiscant : vix in●e●iun●ur , qui temporalibus ●terna praepon●nt . leo de quadrages . serm. 11. c. 1. t qui beneficiis non intelligitur , vel plagi● intelligatur . cyprian . tract . 2. contra demetria dem . u ier. 15.1.2 . ezech. 14.14.14.18.20 . luke 13.3.5 . leuit. 26. deut. 28. * isay 3.16.17.24 . x ier. 4.14 . y quid pr●desse poter●t antidotum cui superfunditur venenum ! salu. de gub● dei. l. 5. p. 148. z psal. 66.18 . a isai. 1.15 . & 50.3.4 prou. 1.24 . to 33. b mal. 1.10 . c meretricii enim pilorum plexus & catenarum nexu● deformes reddunt . clem. alex. paedag. l. 3. c. 11. d serico & purpura indutae chris●u● indu●re non possunt . cypr. de habitu . virg. proiiciamus ornamēta terren● si coelesti● optaemus . tertul. de cultu . faem . c. 9.10 . e psal. 45.13.14 f cant. 2.5 . & 5.8 g prodite vos iaem medicamentis & ornamentis extructae apostolorum , sumentes de simplicitate candore● de pudicitia ruborem ; depictae oculos verecundia : &c. te●tul : de cultu . faem . c. 9. see cypriā de hab . virg. clem. alex. paedag. l. 2. cap. 22. l. 3. c. 11. h isay 2.11 . to 18. h non solum enim pudicos ac tempera●res satis e●t esse puros , sed etiam adhibenda e●t opera vt quod extrinsecus e●t , sit ab omni repraehensione & vituperatione alienum , omni exclus● suspitionis causai vt in summam quandam contrahatur ca●titas , vt non simus solum fideles , sed etiam videamur fide digni : clē . alexand. paedag lib. 3 , c. 11 k hos ego versiculos feci , tulit alter hono●es , &c. donatus in vita virgil. maron . l barba non facit philosophum cael●us . rhod. antiqu. lect. l. 5. c. 12. m facinu● quos inquinat , aequat . lucan . phars l. 5. p. 79 opotet vt vna paena teneat ●bnoxios , quos similis err●r inuenerit implicaetos . concil . tollit . 4. can. 74. n vitia carpens , scio●e offender● vitiosos . bern● ad gul● abbat . apologia . * see athan●si●● con●tant . 8. epi●tolae , de necessaria episcoporum residentia : against this sinne . bibl. patrum . tom 13 p. 487. to . 491. o volumus delinquere , & nolumus verberari : salu : gub. dei. lib 4. p. 99. p 1. pet. 2.5 . reu. 1.6 . nonne & laici . sacerdotes sumu● ? scriptum est , nos sacerdotes deo & patri suo ferit : differentiam inter ordinem , & plebem con●tituit ecclesiae authoritas . sed & vbi tres , ecclesia est , licet laici . tertul. exhort ad castitatem . c 5. q leuit. 19.17 . r phil. 1.27 . iude ● . s ecce iam pene nulla est seculi actio , quam non sacerdotes admini●trent . dei causaem relinquimu● , ad terrena negotia vacamus . ad exteriora negotia delapsi sumu● , & aliud ex honore suscipimus , atque aliud ex officio actionis exhibemus . curis vero secul●ribus intenti , ●aento insensibiliores intus efficimur , quanto ad ea quae foris sunt studiosiores videmur . greg. mag. hom. 17. in euangelia . t malit quilibet improbus ex●crare legem , quam emendare mentem : malit praecept● odisse quam vitia : inter haec quid agant quibu● loquendi a chri●to officia mandantur ? deo displicent si tacent : hominibus si loquuntur . salu. ad eccles● cathol . l. 4. p. 470. u non aduersum ordinem , sed pro ordine di●putare pu●andus ero , dū non ordinem in hominibus , sed hominum viti● repr●hēdo : quae in vestris laudabilia sunt , laudo et prae●ico : si quae repr●hendenda sunt , vt emendentur vobis , & aliis amicis meis suadere soleo : hoc non est detractio : sed attractio . bern. ad gul. abb. apologia . x isay 9.16 . ier. 23.14.15 . & 50.6 . hosea 4.9 . nullum put● , ab aliis magis pr●iudicium , quam a sacerdotibus tolerat deus ; quando eos quos ad aliorum correctionem posuit , dare de se exempla prauitatis cer●it , quando ipsi p●ccamus , qui compescere peccata debemus . quanto autem mundus gladio feriatur aspicitis : quibus quotidie percussionibus i●tereat populus , videtis . cuius hoc nisi nostro precipuè peccato agit●r ? ecce depopulata vrbes , euersa castr● , eccl●siae destructae , in sollitudinem agri redacti sunt . sed nos pereunt● populo authores mortis existimus , qui esse deb●imus duces ad vitam . ex nostro enim peccato populi turba prostrat● est , quia nostra faciente negligentiae ad vitam erudita non est . greg. mag. hom. 17. in euangelia : which homily i would our non-resi●ents and secular clergie men would study but a whiles . notes for div a10199-e4440 a aphric● semper aliquid noui affert . plin. l. 8. nat. hist. c. 16. co●lius rhod. antiq. lect. l. 13. c. 13 munster cosmog . l. 6. c. 46. b esay . 3.16 . to 25 zeph. 1.8 . 1 tim. 2.9.10 . 1 pet. 3.3 , 4. c clem. alex. padag . l. 2. c. 10 12. tertul. de cultu faem . lib. cypr de hab virg. & de instit virgin. basil . ser. 2. in diuites & auaros ascetica c. 22. cōment . in 3. isaiae . ambr. de virg. l. 1. l 5. in . luc. c. 6. hier. epist tom. 1. ep. 7. c. 3. ep. 8. c. 5 ep. ●0 . c. 2.3 ep. 47. c. 3. chrysost. hom . 84 in . iohā . fulgen● ad probam . ep. 3. greg. mag. hom . 6. in euang. bern. de modo bene viuend . ser. 9. concil● gangrense . can. 21. * see mr. perkins cases of conscience . li● . 3. sect. ● . quae●t 3. mr. byfields sermon on 1 pet. 3.3.4 . mr. iohn downhams christian warfar . part. 2. l. 1. c. 6 to 15. iohan : fredericus , de luxu vestium . bb. hall. in his righteous mammon . bb. babington on the 7. command . mr. stubs his anatomy of abuses . d ier. 4.30 . 2 kings 9.30 . math. 5.36 . eze●h . 23.40 . e clem alex. paedag. l. 2. c. 10 tertul. de . cultu faem . c. 3. to 9. de paenitenti● c. 10. de velandi● virginibus c. 13. cypr de habit. virg. ambr. hexaem . l. 6. c. 8. de virgin . l 1 hier e●●st . tō . 1. ep. 7. c 3. ep. 8. c. 5. ep. 10. c. 2.3 . ep. 16 c. 2 ep 23. aduersus heluid . c. 9. basil com. in cap. 3. isaiae . & ep. 1. chrysost . hom . 31. in mat. & hō . 8. in 1. tim. 2. theod. s●nct . patrum . hist. c. 8. aug. de doctr. christ. l. 4 c. 21. theophylact . e●ar . in 1. tim. 2. f master iohn downham in his christian warfar , part . 2. l. 1. c. 14 m● . per●●ns c●s●s o● conscien●e l. ● . sect 3. quaest. 3. m●yer exposition on 1 pet. 3.3 . mr st●●s anat●my of abuses p. 35. to 4● . mr. bolto●s directions ●or our walking with god , p. 195 200 〈◊〉 . 〈◊〉 quo va●is , sect. 21 and in his righteous mammon . g 〈…〉 pr●●●p . l. petronius a●biter . p. 74. & 135. p●in● n●t . hist l. 13. c. 1 2 , ● . 〈…〉 3 pr●perti●● elegiar : lib● 1. eleg : 2. quintil. iastitut . orat lib. 8. 〈◊〉 . xenophon , memorabilium . lib. 5 p. 846.847 . h c●pit esse 〈◊〉 citū quod publicū est . cypr. epist. l. 2. ep. 2● i 〈◊〉 s●d cri●i●● su●t paulinu● epist. 4. ad . s●uerum . k alterius esse non possunt nisi diabol● , quae dei non sunt . ter●ul . de idolo●a●ria , c. 18. de cult● f●em . cap. 3 , 4 , 5. l mr. purchas pilgrimage . lib. 8. c. 6. sect. 3. m leuit. 1● . 30 . deut. 12.29 , 30. ier. 10.2 . mat. 6.7 , 8.31 , 32. eph. 2.1 , 2 & 4 , 17 , to 22. rom. 12. 2 col. 2.20 , 21 22. 1 pet. 1 , 14 , 18. & 4 , 2● 3. 2 king. 17.15 zeph. 1 , 8. n ad impuberem vsque at●tem capillorū● nod●s aur● reuinctos gest●nt athenaeus dip nos . l● 12. c. 6. o mart. epig. ep. ● . seneca . epist. 1 24 caelius rhod. antiqu . lect. l. 15 c. 8● alex ab alex . l. 5. c. 18. p matthias a ●ichou de sarmatia asiana . c. 7. boem . de mor. ge●t . l 2 c. 10. gu●gninu● reru● polon . tom. 2. p. 3 22. q purcha● pilgr . l. 8 , c. 6. sect. 3. r peter martyr . indian . histor . decad. 7. cap. 2. p. 252. s acost . l. 5. hist. ind. c. 16. t alex. ab alex . l ● c. 18. herodotus lib● 4. sect. 125. u alex. ab alex . ibid. plu●arch . theseus . polid. virgil. de inuentor . ●●rum , l. 3. c 17 babington in his notes on numbers cap. 6. vers . 4 , 5. x sto●aus de intemperantia serm● 6. fol. 6● . ● . y purchas pilgrimage l. 4. c. 19. alexand. ab alex. gen , dier . l● ● . c. 18. gotardu● hist. ind orient c● . 52 maffaus ind. hist. lib. 6 p. 270. z alienum est a catholica ecclesia , & a praedicatione apostolorum , coma extensa . vir enim , inquit , non debet putrire comā , cum sit imago ac gloria dei. epiphan . cont . haeres . l. 3. tō . 2. haer. ●0 . a epiph. contr . haeres●s , l. 3. tom. 2. haer. 80 b zenophon : lacedaem : respub . plut●rch . lysand. & apothegmata . he●odoti clio , p. 33. stobaeus sermo 44. arist. rhetor : l. 1. c. 9. boemus de mor. gent. l. 3. c. 3. c●elius rhod. antiqu. lect. l. 15. c. 8. c alex. ab al . 5. c. 18 polidor . virgil. de i●ue●t : rerum l. 3. c. 17. plin. nat : hist. l. 7. c. 5● . d alex. ab alex. l. 5. c. 18. e herod . clio. pag●●● . platonis phaedon : chrysost. hom. 16. in 1 cor : 11. alex. ab alex. l. 5. c. 18. ma●faeus hist. indic . l 16. p. 274. synesius caluitii encomium . f seneca epist. 124. c●●l . rhodig . antiqu. lect l 15. c. ● . alex. ab alexandr . l●b . 5. cap. 18. g plin. nat. hist l. 11 c. 37. diodor sic. bibl. hist. lib. 5. sect. 28. boemus l. 3. c. 22. c●elius rhod. antiqu. lect. l. 15. c. 8. alex. ab alex. l. 5. c. 18. h boem●s l. 3. c. 24. c●eli●s rhod. l. 15. c. ● . i solinu● p●lyhist c. 46. ●lex . ab alex. l. 5. c. 1● . k aristot. de generat . animalium lib. 5. cap. 30. athenaus dipnos lib. 12. c. 8. seneca epist. 124. alex. ab alexand. ● . 5. cap. 18. l alex. ab alexand. lib. ● . ca. 18 m dyonis . hallecarnas . rom. antiqu. lib. 7. cap. 1. n solinu● polyhist . cap. ●5 . cte●ias excerptae histor. apud herodotum . pag. 582. boemus lib. 2. cap. 8. o peter martyr indian histor. decad. 7. cap. 10. pag. 276. p a●osta . indian . h●stor . lib. 5. cap. 20 pag. 403. purchas pilgrimage lib. 8. cap. 12. q matthias a michou . sarmatiae europ . lib. 2. cap. 3. pag. 479. r purchas pilgrimage , lib. 9 c●p . 4. s tacitus de moribus germanorum . cap. 12. boemus lib. 3. cap. 15. t byerlincke chronogr . pag. 18. u herodotus cli● . pag. 79. boemus lib. 2. cap. 3. x aristot. de generat . animal . lib. 5. cap. 3. horace epod. lib. epod● 5. y epiphanius compend . doctr●de fide cathol . pag. 910. z alex ab alex. l. 1. c 18. a strabo : gregor . l. 11. b a●oysi● . nauigatio . c. 65. c c●esias excerptae hi●t . p. 582. d o●id . trist●um l. 5. eleg. 10. e gotardus hist. indiae orient . c. 51.52 . maffaeus ●nd . hist. l. 6. p. 252.270 . purchas pilgrimage l 4. c. 19. f maffaeus h●st . ind. l. 5. p 228. g maffaeus select . epist. ex ind●a . l. 2. p. 110. h peter mart. ind h●st . l. 8. dec. 1. p. 45. i ldē decad. 7. c. 2. p. 251. k caesar ae bello gall. l. 5. p 88. boemus l 3. c 25 l see purch●s pilgr . l. 5. c. 8.17 . l. 8. c. 4 plin. nat. hist. l. 2. c. ● l. 11. c. 37. gotardus c. 47. alex. ab alex. l. 5. c. 18. m see heliodorus aethiop . hist ● 2. p. 81 82. bus●●quius famil . epist ep. 1. p. 12. ep. 4. p. 249. purchas l. 5. c. 5. di●g . la●rt l. 4. carneade● p. 251. l. 8● empedocles p. 517. o mai●r est natura , quam patriae . ambr. irenaeo , tom. 1. p. 233 g. p 1 cor. 11.14 q see chrysost. hom. 26 in 1 cor. 11. ambr. de officiis l. 1. c. 46. theophylact . enar. in 1 cor. 11. accordingly , dan. 4 33. r see basil. de virginitate ver● , tom. 2. p. 150.151 . s gu●gui●●● rerum polon . tom. 1. p. 74. t zo●ara● annal●um . t●● . ● fol. 174. u m. speeds history of great britt . l. 9. c. 4. numb . ●4 . p. 442. x tenenda nobis vita esse , quam natura praescripsit , nec ab illa declinandum . s●n. epist 122. y vitia superuenerunt , ingesta sunt : nulli nos vitio natura cō●●liat . seneca epist. 94. z constit. apostol . l. 1. c. 4●● a padag . l. 2. c. 10. l 3. c. 2.3.11 . b fieri non potest , non potest inquam fier● , vt verum ostendat animam , qui caput habet adulterinum . idem paedag. l 3. c. 3. c in dom●re●gis diaboli sunt , qui capillis muliebribus se in famina● tra●●figurant , & dignitatem virilem , non sine naturae iniuria dehonestant . de ieiun . & tentat . serm● tom 2. p. 287. d contr. har. l. 3. tom. 2. haer● 80. e epistola 4. ad seuerum . f de offic●i● l. 1. c. 46. de noe & arca. lib. cap : 7. & comment in 1 cor. 11. g h●m . 26. in 1. cor 11 hom . in matt. 88. h coment . in● soph. cap. 1. tom. ● . p. 210. i tom. 1. epist. ep. 8. c. 10. ep. 10. c 4. ep. 1● . c. 5. ep. 47. c. 3. com in ezech. 44. k see baruch . 6.31 . l com. in 1. cor. 11. m in 1 cor. 11 enarratio . n ad militos templi serm● . cap. 2. & . 4. o see master dike of the deceitfulnesse of mans heart● cap. 17. p 1●5 . bishop babingtons not●s on numbers c. 6. sect. 2. stobaeus ser. 6. de intemperantiae . p numb . 6.5.18 . iudg. 16.17.19 1 sam. 1.11 . iosephus iudaeorum . antiqu . l. 4. c. 4. polyd. virg. de inuentor rerū . l. 8. c. 4. bishop babingtons notes on nūbers 6. q babingtons notes on nūbers ● . sect. 7.8 p ambros. de virgin. lib. 3. de spir. sancto . l 2. pr●aemium lib. 10. in e●āg . luca c. 21. babingtons note● on nūbers , c. 6. sect. 6 q 1 cor. 11 , 5 , 6.7.15 . r 1 cor. 11.5 , 6 s 1 cor. 11.4 , 7 t mat. 21 13. u bonorum vnum propositum est consentire naturae seneca epist. ●6 . leges natura euertere magnae est impudentiae , & non solum nobiscum , sed eti●m cum natura pugnare . chrysost. hom 26. in 1 cor. 11. x see bishop halls quo vadis , sect. 21. mr. bolton in his generall directions for our comfortable walking with god , p. 195 . 20● . accordingly . y psal. 119.9 , 105. gal 6 . 1● . 1 iohn 2.6 . 2 tim 2.16.17 . 2 pe● . 1 19. z ze●●ph . de iu●●it . cyri. hi●● . l. 1. ● . ● . a faemina canictem . o●rmanis in●icit her●is , et melior ●●ro quaeritu● arte color● ouid. de arte amandi , lib. 3. a rom. 12.2 . 1 pet 1 . 14.1● . col. 2.20.22 . b paedag. l. 3. cap. 11. c de c●ltu famin●ru●●●p . 4.5 . d tom. 1. epist . ep. 8. ad demetriadem , cap. 5.10 . ep. 23. ad . marcellum . see chryso●t . ho● . 8. in 1. tim. 2. e de habitu virgin. ●ract . epist. 4. ad se●●rum . f fieri non potest , non potest , inquam , fieri vt ver●m ostendat animam qui capu● habet adulterinum . ●lem . alexand . p●●ag . l 3. c. 3. g plutarch . apotheg . h nihil sani dicere potest , qui non animum tantum gerit mendacem sed etiam caput . aelian . variae hist. l. 7. cap. 20. i alteriu● cri●es humer● iactantur vtroqu● , f●●ina procedit densissima crinibu● empti● . proque sui●●lios efficit are su●s , n●c pud●r est emiss● pala● . ouid. de arte amandi . lib. 3. k clem. alex. p●dag . lib. ● . c. 3.11 . tertul. de cultu f●m . cap. 4.5 , 6. cyprian . de habit● virginum lib. hierom. epist. tom. 1. epist. 8● cap. 5.10 . epist. 7. cap. 5. epist. 2● . chryso●t . hom. 8. in 1. tim. 2. s●e agrippae de vanitate scient . cap. 71. master stubs his anatomy of abuses pag. 39.40 . l strabo geog. l. 15. solinu● polyhist . c. 65. boemus de mor. gent. l. 3. cap. 8. m diodorus sicul. biblioth . hist. l. 5. sect. 28. n boemus de mort. gent l. 3 cap. 26 plin. nat hist. lib. 15. cap 22. lib. 16. cap. 37. iulii capitolini verus . o mat. 5 36. si quis capillos flauos cerussa eleuisset , albi apparerent , sed non reuera albi essent . platonis lysis . p caduc● sunt , quaecunque fucata sunt : nec fiduciam praebent possidentibus stabilem , quae possessionis non habent veritatem . cyprian . epist. lib. 2. epist. 2. donato . q bishop halls quo vadis : cap. 21. r caluitii encomium . s moriae encomium . pag. 50. t mentiris fictos vnguentis , phoebe , capillos , et tegitur pictis sordida calua comis . tonsorem capiti non est adhibere necessum . rodere te melius spongia ph●ebe potest : ma●tial . epigram . lib. 6. pag. 38. u lurat capillos esse , quos emit , suos fabula , nu●quid , paule , peierat ? mar●al . epig. lib. 6. epig. 10. x 1 thes. ● . 22 y com●s superuacuas curare , vel infaeliciū est , vel iniust●ru● : nam quid ex talibus expectendum aut suspicandum , nisivt l●sciui●● ille ●rnatus saminas prateriuntes inuitet , aut al●enis matrimonii● insidietur ? basil. de legend . lib. gentil . oratio . z constit. apostol . l. 1. c. 4 a tom. 1. ep ● c. 10. ep. 10. c. 4 & 19. c. 5. cōment . in ezech 44. & in zoph . 1. b de ieiu● . et tentat . ser. c paedag. l. 2. c. 10 l. 3. c. 2.3.11 d de cultu . fae● . cap. 4.5 . e enar in . 1. cor. 11. f dipnos . l. 12. c. 6.7.9 . ●0 . g fortem vocemus , cuius ●orrentes comae maduer● nardo ? hercules furens . h dionis . hallicarnas . rom. antiqu. l. 7 c. 1 i effeminati omnes fucato com● nitore gaudent : ac palam quidam ●j qui in lupa●ari prae●tant : quasi hoc maxime modo muliebre genus imitari possint . nos vero aedolescentē pathicorum modo muliebria appetentē , capillis significam●s . synesius : caluitij en●omium . k summo apud imperitos coma in praeti● est . ibid. l non ●p●rtet solum a vetitis absti●ere , sed etiam a co●cessis , quando fuerit scandalum . chryost . hom. 26 ●n 1 cor. 12. i m int●r●st t●● p●rfectionis & ●●l●●res , & m●l● pariter ●p●●tes deui●●re . in alter● conscienti● , i● alter● fa●● consulis . pu●● t●b● 〈◊〉 licer● ( ets● alia● fortasse liceat ) quicquid ●ale fuer●t coleratum . bern. de considerat . l. 3. c. 4. n nihil aliu● s●nt , qua● d●liram●●t● i●consider●t● leuitati● : lact. de fals● sapientia . cap. 2● . o psal. 4.2 . psal. 119.37 . prou. 30.8 . p 1 sam. 12 . 2● isay 55.2 . q ps. 24.3.4 . q firmum est genus probationis , quod etiam ab aduersario sumit●r ; vt veritas etiam ab ipsis veritatis inimicis probetur . te●tul . de trinit . lib. r see bishop halls contemplations l. 15. hanun and dauids ambassadors , accordingly . s co●suetudi●es patriae nihil minus quā leges obseruandae sunt . stobaeus . s●r. 39. a 1 thes. 2.15 . b ier. ● . 19 . leuit. 18.30 . deut. 12.29.30 . c zeph. 1. ● . isay. 3 . 1● , to 2● . d leuit. 1● . 27 & 21. ● . 2 sā . 10.4 , 5.1 . cor. 11.14 . e isai. 3.16.17 f rom. 12.2 . eph● . 2.2 . & 4 17.18.19 . col. 2 20.21.22 . 1 pet. 4.2 , 3. g 1 pet. 1.14.18 . reu. 13.3.4 h rom. 12 , 15. to 19. & 15.5 6. 1 cor. 1.10 . eph. 4.3 . iam. 3 14. to 18. i 1 cor. 10.32 33. 1 ●im . 2.2 rom. 13.1.7 , 8. 1 tim. ● . 12.13 . to 17. & 3.8.16 . iustin martyr . apolog. 1. & 2 tertul. apolog. adu . gent. k prosper . aquit . de vita contempl. l. 3. cap. 2 3.8 . * pudet ●os nationis suae , quod non germani aut galli sint procreati , ita patriam cap●llo transferunt . tertul de cultu f●em . cap● 4. l c●r frater tib● dicor ex ●beris , & cel●is genitus , tagique ciuis ? an vultu similes videmm esse ? tu flexa niti●us , coma vagaris : hispanus ego contumax capill●s . martial . epigram . lib. 10. epigram . 58. m suetonii nero sect. 51. see doctor hackwels apologie . l. 4. c. 9. sect. 1. n di●othi historia gall. l. 5 p. 424. o 2 sam. 10.4.5 . p pars maxillarum tonsa est tibi , pars tibi rasa est : pars vulsa est : vnum quis putet esse caput . martial . epigr. l. 8. epigr 46. q herodotus lib 4 sect. 124. alexand ab alex. gen. di●rum . l 5 c. 18 r causa praecipua mihi vid●tur ●uiu● mali , vitae comunis fastidium . non ●portet i● facer● quod populus . res sord●da est tritae ac vulgari via viuere . seneca . epist. 122. rusticum putatur omn● quod vulgare , quod ●aturale est . hierom. tom. 1. epi●t . 22. c. 13. s bishop halls contemplations , lib. 15. hanun and dauids ambassadors , accordingly . t horret cap●llis vt marinus , asperi● echinus , aut currens ●per . horace . epodon . lib● epod. 5● u turpis est omnis p●rs suo vniuerso non congruens . august . confess . lib. 3. cap. 8. x 1 thess. 2.15 . y nulla peior est consue●udo aut ipsis reb●spublicis , aut famil●is , quam si vnusquisque semper pro sua libidine vi●at . dionys. halicar . rom. antiqu. l. 5. sect. 10. z quid tibi nunc ●olles prodest coluisse capillo● , sapeque mut●ta● dispos●isse coma●● quid fuco splendente comas redi●ire , quid illas artificis docta subsecuisse manu ? tibullus eleg. l. 1. el. 8. quid iuuat or●ato procedere vita capillo ? aut quid orentea crines perfundere myrrha ? teque peregrini● vendere ●uneribus ? naturaque decus mercato perdere cultu ? pro. pert● eleg. l. 1. el. 2 u plutarch . apothegmata . x concil . constantinop . 6. can. 9. & . 96. y isay 3.22.23 , 24. 2 king. 9.30 . 1 tim. 29.10 . 1 pet. ● . 3 , 4. z clem. alex. paedag. lib 3 c. 3.11 . tertul. de cultu . faem . c. 4.5 , 6. cyprian . de habitu . virg. basil de legendis lib gent. oratio hierom. tom 1 epist. 7 c 5. ep. 8. c. 5.10 . ep. 22 c. 12. ep. 2● . chrysost. hom. 8. ●n 1 tim. 2. theophyl●● . n●r ra●●n 1. tim. 2. ambros. ●ren . tom. 1 p. 3●● . b●rn de consideratione l. 4. c. 6. a agrippa de va● . s●●ent c. 71. mr. stubs his anatomy of abuses , pag 19. to 42. marl●rat . exposit. in 1 pet. 3.3 . g●l●taeus de moribus , lib. sir thomas ouerbury in his character of a fantastique coelius rhod. antiqu. lect. l. 15. c. 8. b senecae de breuitate vitae , cap. 12. stobaeus serm. 6. sed tibi nec ●erro placeat torquere capillos . forma viris neglecta decet . o●●d de arte amandi . lib. 1. c maffa●i hist. ●n● . lib. 11. p. 55● . 557 . gotardus hist. indiae orient . cap. 54. d french histo●y . p. 7. e tom. 1. epist 8. cap 10. c. ● . epist. 19. c. 5. epist. 22. c. ●2 . epist. 47. c 3. sea vitare viros cultum formamque professos , quique su●● ponunt in statione coma● . ou●d● de art● amandi . l 3. f synesius , calu●t●● : enco●mium . g see tibullus eleg. l 1. eleg. 4 & 8. pro●pertius eleg. lib. 1. eleg. 2. petro●●us p●g . 87. synesius . caluitis encomium . stobaeus serm. 6. clem. alex. paedag. lib. 2. cap. 10. lib. 3. c. 2.3.11 . clem. romanus constitut. apost . lib. 1. cap. 4. ouid. de a●te amandi . l. 1.2.3 . h a comae studiosius a lulter● sunt . homerus enim puellarū deceptorem comae nitidioris amantem facit : quasi ad mul●erum corruptel●m coma exornaretur : & adulter is ●pse adulterorumque omnium ●acile princeps , in quem probrosum illud co●uicium ●actaretur . sines●●s . caluitii . encomium . i numb . 33. ●2 isay 2 . 1● . k concil . constantinop . 6. 〈◊〉 trullo can. 100. synodus augustensis . an. 1548. c. 28 l scynesius ib. hanc decet inflatos laxè i●cuisse capillos . ouid. de arte a man. l. 3 m nullus comatus , qui non etiam & impudicus . synesius . caluitli . encomium . caelius rhod. antiqu. lect l ●● . c. 8. n mat. 18.6 , 7.8 . rom. 14.13 to 23. 1 cor. 8.7 . to 14. & 10 32. 2 cor. 6.3 . see caluin . instit. l. ● . c. 1● . sect. 11.12.13 . o inter causa● mal●rum nostrorum est , quod viuimus ad exempla : nec ratione componimur , sed consuetudine abducimur . seneca . epist. 123. p dociles imitandis turpibus ac pra●is omnes sumus . iuuenal . satyr . 14. in hoc ruentis in deteriora seculi cursum , plures ●runt qui tribuni vitium ●mitentur , quam qui militis v●rtutem● quintilian declamatio● 3. q qu●l●● sun● publica ci●itatu● studia , tali● etiam est priuat●rum vita . qua enim vi●●squisque s●lus , aut pud●re pr●pri● , aut ab alio impeditu● facere veretur : ea●●●ore publico recipia●tur , ab eo in su● volun●a●e a●i●run exemplo & consu●tu●ine confirma●o , faci●●●● & a●dacim pa●rantur . dionis● hallicarnas . rom. antiq●● lib. 5. sect. 10● r sed vitare viros cultum form●mque professos : quique su●s p●nunt in stati●ne co●●a● . famina quid faciet , cum vi● sit leuior ipsa . quid. de arte amandi . lib. 3. nec tame● indignum sit , si vobis cur● placendi , c●m compt●s habeant secula nostra vir●s . idem . de medic●● mi●e faciei s see herodotu● e●terpe . sect. 57. ouid. metamorph. lib. 4. & natalis comes * see plinie , nat. histor. l. 9. c. 29. t isai. 3.16 . to 25. zoph . 1. ● . prou. 7.10.16.17 . 2 kings 9.30 . 1 tim 2.9.10 . rom. 12.2 . 1 pet. 3.3.4.5 . u mat 7.1 . ioh● 7.24 . rom 14.13 . 1 cor. 4.5 . x 2 pet. 2 7. y mollities paucorū , labes ●st plurimorum s●lu● de guber . d●i l. 7. p. 265. z ignosce mili● , non facile adducor licitū consentire , quod tot ●llici●a parturit . b●r●● . de cons●d . lib 3. c. 4. a ca●e . e●hicorū . l. 3. c. 1. b nihil est facilius quam amictum imit●ri alicuius , aut statum , aut ●otum . cicero de oratore lib. 2. c rom. 12.2 . 1 pet 1.14 . d col. 2.20.21 e ephes. 2.2 . & 4.18 . rom. 13.13 , 14. f 1 pet. 4.2 . g m●th 6.8 . 1 co● . 7.23 h ephes 5 1. i 1 cor. 6.19.20 . reu. 13.3.4 . k 1 pet. 1 . 1● . l i●hn . 2 6. rom. 14.8 . 2 cor. 5 15. 1 thes. 5.10 . m 1 pet. 2.21 . 1 iohn . 2.6 . n spiritualis homo omne opus suum trina quadam consideratione praueniet . primū quidem an liceat : deinde an deceat ; proinde an expediat . bern. de considerat . l. 3. c. ● . o non quod in seculo sumus ● deo● exi●●●min , se● siquid de secul● sceleribu● , & cri●inibus al●igerimus ●er●ul . de spectac . lib p honestissimum est , maio●um vestigia ●●qui , recte si praecesseri●● . plin. epist. l ● . ep. 8. q non ●mitand● nobis illi sunt , qui sub christi●no n●●ine gentilem vitam agunt , & al●ud professione , aliud conuersatione ●estantur . hierom. tom 1. epist. 11. c. 2. q ga●d●t l●●datis ire super●a comis . proport eleg. l. 2. el. 1. r quicquid insolitum est in turba notabile est . seneca controuers . l. 4. proaem . paruae leues capiunt animos , ouid. de ar●e amandi● lib. 1. s isay 3.9 . ier. 8.12 . phil. 3.19 . t ezra . 9.6 . iob. 42.6 . ezech. 21.43 . luke 18.13 . u ier 8.12.13 isai. 3.9.10 . * quid tam bestiale , acquomod●●o● ind●ce●s tibi voluntate pro l●ge vti , & qui● no● est ad quem appelleris volunt● vt● , negligere rationem ? non mi●●● deiecti quam ●l●ti animi est , v●●ut● rationi● expertem , non pro ratione sed pro libitu agere , nec iudic●● vti , sed appetitu . bern. de considerat . l. 3. c. 4 x rom. 8.12.13 . & 13.14 . col. 3 5. y see argument 4. z prou. 2.18.19 . & 22.14.23.27 . a pudi●●tiae christianae s●tis non est esse , verum et videri . tertul. de cultu fae●n , cap. 4. inter christianum & gentilem , non fides tantum debet , sed & vita distinguere : & diuersam relig●onem ver diuersa opera monstr●●● . hieron . tom. 1. epist. 14. c. 2. omne malum aut timore , aut pudore , natura per●udit tertul. apolog adu gent. c quod solum formae decu● est cecidere capilli , &c. petroniu● p●g . 8● turpis sine ●rondibus arbor , & sine crine caput . ouid. de a●te amād . l. 3. see apu●eius metamorph . l. 2. p , ●02 , 103. d 1 cor. 11.14 e coma ●aeminedecus , vir● dedecus : paulinus epist. 4. ad seuerū . synes●●s caluitii . enc●mi●● . ab●ose● prīmasius , theodoret , & theophylact . cōmēt . in 1 cor. 11 ● 4. see argument 4● f sto●a●● de intemperantia serm. 6. athaeneus dipnos . l. 12. c. 5.7 , 9 , 10. g vsu etiam praetios● dege●erant , quorū●utem difficili● possessi● eoru● grat● per●un●ti● . ambr. de elia & ieiun . c 9. h french history p. 7. see caeliu● rhodig . an●iqu . lect. lib. 15. c. 8. a 1 cor. 11.5.6.15 . b quid capillum ingenti diligentia comi●● cum illum vel effuderi● mor● parthorum , vel geman●r● n●do vinxer●●● vel vt scyth● solent spar●●ri● : i● quol●be● equ● de●●ior ●actabit●● iub● , horrebi● in le●●●● ce●nice formosi●r . seneca epist. 124. c tu i●●enil● decu● ser●●● nec pul●hrior ille , ●n long● fuerit quam breuiore com● . martial . epig. l. 9. epig. 14. d see synesiu● caluiti● e●comium , accordingly . e plutarch . lisander . & lacon : institut . arist. rhet. l. 1. c. 9. zenophon laced●m . respub : boemus de mor. gent. l. 3. c. 13. f discant a te coepiscopi tui c●matulos puero●● comptos adolescentes secum non habere . bern. de consid l. 3. c. 6 g crinium copiae vires mi●uit , & quasi e corpore exugit . philip. louicerus turcic . hist. l. 2. c 3. h synesius . calu●tii encomium . alex. ab alex● gen : dier . l. 5. c. 18. plutarch . thesius . polydor. virg. de inuent . rerum . l. 3. c. 11. obiect . 2. answ. 1. i rom. 5.8 . k isay. 40.6.7 . anceps forma● bonum mortalibus exigui donum breue temporis , v● velox celeri pede laberis . res est form● fugax . seneca hyppolitu● act. 2. form● bonum fragile est , quantūque accedit ad annos , fit minor , & spati● carpitur i●sa su● , &c. ouid. de arte amand● , l. 2. qualis est ista pul●hritudo quam leui● febricula perdit , & rugos● senectu●ita dissolu●t , vt nec fuisse putetur ? bern. de ordine vitae . col. 11 15. m. l see pag. 1.2 m mulieres faeminam ex●●erunt , & virorum licentiam aequauerunt . non mu●at● foeminarū natura● sed vit● est . sen. ep. 95. n ex f●minis mutari in mares non est fabulosum . plin. nat. hist. l. 7. c. 4. omnia ●unc immuta●it luxus : homines patiuntur muliebria , et faeminae pr●ter naturam viros agunt . clem. alex. pedag. l. 3. c. 3. paeminae virili ●abitu veste ●u●ata , erubescunt esse quod nat● sunt ●rines ampu●ant . hierom. tom. 1. ep. 12. al which may be well applyed to our times o plin. nat. ●ist . l. 16. c. 44. alex. ab alex. l. 5. c. 12. p acosta . hist. indiae l. 5. c. 15. purchas pilg. l. ● . cap. 12. q ludou . almida . epist. ad soci . iesu ann. 1565. maffaeus select . epist. ex india . l. 4. p. 170 r hierom. tō . 1. epist 43. c. 3 s surius . tom 1. conc p. 373. gratian. distinct . 30. t strabo . ●eog . l. 17. plutar. de aere al●eno : cael. rhod. antiq . lect . l. 18. c. 12 zonar . a●●nal tom. 2. f. 80. purchas pil. l. 6. c. 8. u iulius capitolinus in vi● maxim. lactā de falsa relig . l. 1. c. 20. c●el . rhod. ant. lect l. 18 c. 12 x ●ul capit●l , maximin●s e● balbinus : pag. 272.302.307 . y zonaras a●nal . tom. 2. fol. 105. z epiphan lib. 2. contr . heres . cōpend . doctr. eccles. cathol . pag. 910. a strabo . geogr . l. 11 alex. ab alex. l. 5. c. 18. b s●linus p●lyhist . cap. 27. plin. nat. hist. lib. 6. c. 13. c pet. martyr . indian hist. decad. 3. c. 4. d purchas pil. l. 9. cap. 5. e plutarchi . lycurgus . boemus de mor. gent. l. 3. c. 13 alex. ab alexandro . l. 2. c. 5. f opme●●● chronogr . pag. 391. g lucian . de dea syria . cael. rhod. antiq. lect. l. 11. c. 24. h iohan . miletii . epist. de reliqu●is & sacrific . vet : borussorum . i purcha● pilgr . l. 9. c 2. k iraeneo epist. tom. 1. pag. 233. g. l 1 cor. 11.6.14.15 . m cael. rhod. antiq. lect. l. 22. cap. 2. alex. ab alex●ndro . l 5. cap. 18. n plin. nat. hist. l. 1● . cap. 44. alex. ab alexandro . lib. 5. cap. 12. o lucian de dea syria . cae● . rhod. antiq. lect. l. 11. c. 24. * platoni phaedon . cael. rhod. antiq. lect. l. 7. cap. 23. alex. ab alexandro l 3. cap. 7. busbe●quius● epist● eccles. epist. 1. pag. 22. p zonar . annal . tom. 3. fol. 143. q deutr. 21.11 , 12 , 13. hierom. tom. 2. epist. 84. paulinus epist 4. seuero r alex. ab alexandro . lib. 3. cap. 7. s suetonii caligula . cap. 5. t pur●has pil. l. 4. cap. 10. u alex. ab al●xand●o . l. 3. cap. 7. x pur●has pil. l. 5. cap. 10. y athenaeus : dipn●● . l. 12. cap. 8. z herodotus . lib. 6. a ludouic . patricius . l. 5. cap. 7. purchas pil. l. 5. cap. 10. b purchas pil. lib. 1. cap. 7. c tacitus de moribus germ ca. 6. boemus de mor. gent. lib. 3. cap. 12. munsters geo. lib. 3 cap. 13. al●x . ab alex. lib. 4. cap. 4. cap. 1. d zonaras annal . tom 3. sol . 141.155.165 . e purchas pil. l. 5. c. 5 & 9. f alex. ab alexandro . l. 3. cap. 5. purchas pil. l. 9. cap. 1. french hist. in the l●fe of clodion the hairie . p. 7.8 . g nec vsquam inuenta est , aut inuenire potest , quae nouaculae caput submiserit , praet●rquam in gr●ui aut inauspicato euētu : si vllam vsquam eiusmodi tempus tulit , mihi certè neque auditū , ●eque visum vnquam . synesius caluitii encomium . h 1 cor. 10.5.6.15 . i 1 cor. 6.9.10 gal. 5.19.21 . ephes. 4.19 . rom. 13.13 . isay 14.16.17 k nihil est nequi●● aut turpiu● effaeminaet● viro. cic. tusc. quaest. l. 5 l m●l●tē christi verum ni●il molle decet . ambr. enar. i● psal. 3● . a viris nihil magis pudor● esse oportet quam si muliebre aliquid in se habere videantur : salu. de. gub. dei. l. 5. p. 264. b isay 3.24 . 1 tim. 2.9 . 1 pet. 3.3 . c basil. com. in isai. 3. clē . alex. pedag. l. 2 c. 8.12 . l. 3. c. 3●11 . tertul. de cultu . fam. c. 3 , 4 , 5 , 6. cypr. de habit . virg● a amb. de virgin . l. 3. chrys. hō . 8. in 1. tim. 2. hier. ep. 7 c. 1. ep. 8. c. 9 , 10. epist. 22. c. 12. epist. 23. the●philact , theodoret , & primasiu● in 1 tim. 2 sec agrip . de van. scient . cap. 71. athaeneu● dipnos . l. 12. c. 7 , 9 , 10 , accordingly . d can 9 & 96. surius con●il . tom 2. e capillis artificiosis & intortis crinibus incedere , perd●ti , andr●gyni , effeminatique hominis est . eum qui vir est pecti , tonderi , crines componentem ad speculum , genasq , radi , velli , ac deglabari , quomodo non est plane muliebre ? certe nisi quis eos nudos viderit muliere● esse putauerit , &c. clem. alex paedag. l. 1 c. 10 l. 3. c. 2 , ● . f see letter ( c ) & hierom. ep. 8. c. 10. ep 10. c. ● . ep. 19 c. 5. ep. 47. c. 3. g quam deforme est virum facere muliebria : ergo & pariunt , ergo par●●●iant qui crispant coronam sicut faeminae . irenaeo . ep. tom. 1. p. 2●3 . h d●i hominesque male ●derint has bellua● humano effigie , compto faeminarum ad mollitiem capillo : de rem . vtr. f●●rt . l. dial. 20. i de moribus lib. k de van. scient . c. 63 , 64 , 69 , 71. l de instit. cyri. lib. 8. m de breu. vitae : c. 12. nat hist l. 7. c. 31. controues . l. 1. prooem . n fortem vocemus cuius horrentes comae manduere n●rdo ? hercules furens . o nec tamen i●dignum si vobis cura plae●endi , cum comptos habeant secula nostra viros : de medicam . fac. p pectere t●●olim , sed nec turbare caepillos : splendida sit nolo , sordidae nolo cutis nec tibi mitrarum , nec sic tibi barba reo●um . nolo virum nimium , pannice , nole parum . epigr . l. 2. epig. 29. q leuoris autem & glabri●iei , si in viros quidē , est mulierculae : si in faemina● autē , adulterae : vtrunque autem est a nostra republica longissime alienandum . clem. alex . paedag. l 3. c. 3. quid ex talibus expec . tandum est , qui comas superuacuas curant , nisi vt lasciuus ille ornatu● faeminas praetereuntes inui●et , aut alienis matrimoniis insidietur ? basil. de legend lib. gentil . o●at . r quid ? illos ociosos vocaes quibus apud tonsorem multae horae transiguntur ? dum de singulis capillis in consilium itur , &c. sen : de breu. vitae c. 12. s capilli in●orti , fuci , tincturae , & colores illiti , animam intinsecus aegrotare significant . clem. al●x . paedag. lib. ● . cap. 2. t vittae permultae differenti● ac curi●s● , & super●●c ●n●● capillorum plicaturae , et cri●ium in●um●rabiles figur● & praeci●s● speculorum structur● qui●bu● se comp●nunt , sunt faeminarum qua omnem p●dorem exuer●̄t , quas qui ●●retrices v●c●●●rit is non ab●rra●erit . ib. u cult●● f●cit mulieres mer●tric●s , vir●s autem a●dr●gynos effaminatos & adulteros clem. alex . pae l. 3. c. 2. x qvi sanos habent ●culos solam animi pulchritudinē in homine diligunt & venerentur . bern. de ordine vitae . c. 1115. m. non caduci corporis pulchritudo vel morbo peritura vel senio , se● nullis obnoxia casibus , opinio ●onorum nunquam moritura meritorum , hominibus est decors : ambr. de virgin. l 1 tom. 4 p 220 g. pulchritudo optima est pulchritudo ●nimae ; quando fuerit anima ornata sancto sp●ritu , iustitia , prudentia , fortitudi●e , temperantia , bonorum amore et pudore , quo nullus color nitidior vnquam visus est . clem. alex paedag l. 3 c. 11 see cap. 2 , 3. y 1 sam. 16 , 6 , 7. isay 57.15 . & 62.1 , 3 , 4 ps. 16.3 . ps. 45 , 11. clē . alex. paedag. l. 3. c. 2 , 3 , 4 z isay 53.2 , 3 clē . alex. p●dag . l. 3. c. 1. * psal. 45 , 6 , to 15. reu. 12.1 . & 3.5 , 18 , & 7 , 9 14. eph. 5.27 . cant. 4 to 16. b cant. 4 , 9. t●liter pigmentatae deū●abebit is amat●rem . tert. de cultu . f●em . c. 7 c quanto am plius corpus for●s propter van●m gloriam ●●mponitur atque ornatur , tanto interius anima foed●tur ac sordidatur . bern. de modo viuendi serm. 9. qui ●rnatum corpore vestis affectat , animam suam virtutū splendore despoliat . fulgent . epist. 3. ad probam . noli ac●iperecincinnos corporalium capillorum . nō illa ornament● se●crimina sunt , le●ocinia formae , non pracepta virtutis . amb. de virg : l. 3. t. 4. p. 232. e. d psal. 29.2 . ps. 96.9 . & 110.3 . e psal. 45.13.14 . iob. 28.16 , 17 , 18. f dan. 12 , 3. math. 13 , 43. g non deformitate corporis animus fo●datur , sed pulchritudine animi corpus ornatur . senec. epist. 66. naturae decus mores exornant boni . stobaeus ser. 65. h nihil pulchritudo iuuat cum quis mentē non bonam habet . eurip. oedipo . i vnumquodque animal in suo genere ac specie pulcherrimum est : quod si de altero in alterum tranferatur , nihil impeditius ad vtilitatem , nihil deformius ad aspectum videri necesse est . lactant. de opific . dei cap. 7. rectiora decentioraque sunt ●●nia quae vis & habitus naturae ●inxit , quam quae expressit conatus artis . cla●ke de aulico . lib. 4. k propriam perdunt pulchritudinem qui externam inducunt . clē . alex. paedag. l. 3. c. 2. mulieres si sunt pulchr● , sufficit naturae : non co●tendat ars contra naturam : sin autem sunt natura turpes , ex iis quae sibi applicant , quod non habent arguunt . id. paedag . l. 2 c. 12. sordidat lauatio ist● , non abluit , nec emendat membra , sed maculat . cypr. de hab . virg. simplex & ●uda verit●● satis ornata per se est : i●●oque ornamētis extrinsecus fucata corrumpitur , non emendatur . lactan . de falsa sap. c. 1. color arte compositus inquinat corpus , non mutat . con●●t formam quicquid consumitur artis . petronius : pag. 74.154 . l math. 6.28.29 . see chrysost. hom. 23. in math. m see clem. alexan. paedag. lib. 2. cap. 10. lib. 3. cap. 2 , 3 , 11. ter●ul . de habitu muliebri● cap. 5. decultu faem . cap. 4.5 . cypr. de habitu virgin : ac●ordingly . n manus deo inferunt , quā●o illud quod ille ●ormaeuit , re●ormare & transfigura●e contendunt : quia opus dei est omne quod nascitur ; diaboli quodcūque mutatur . quod ornari te put as , quod put as comi , impugnatio est ist a diuini operi● , praeuaricati● e●t veritatis : et tute impune existimas laturam tam improbae temeritatis audaciam , dei artificis offensam ? cypr. de hab virg. in dominum delinquunt qui cutem medicaminibus vnguunt , genus rubore m●culant , oculos fuligine collinunt , capillos crispant , & croco vertunt , displicet nimirum illis plastica dei : in ipsis redarguunt , reprehendunt artificem omnium . repraehendunt enim cum emendant , cum adijciunt , a diab●lo artifice sumentes additamenta ista : qui indubit●te huiusmodi ingenia concin●auit vt in nobis quodamodo manus deo in●erret . quod nascitur , opus dei est : ergo quod fi●git●r diabol● negotium est . diuino ●peri satani ingenia superducere , quam scele●●e est ? tertul. de cultu . faeminar . cap. 3. o nemo ducem sequitur naturam : viuitur arte . factus homo est operis , nunc opus ipse sui . o●en : epigram . pars vlt. lib. 2. epigram . 76● p matth 5.36 . cap. 10.30 . luke 21.18 . q nu●quid bruta mutant speciem suam ? cur nos mutare desideramus ? ambros . irenae● . tom. 1. pag. 233. f. clem. alexand. paedag. lib. 3. cap. 2.3.11 . r isay 45.9 . rom. 9.20 . s no● e●t ornamentum virile cōci●●itas seneca . epist. 115. vt ●orm● cura non omnino negligenda , ita nimi● anxiè curari parum viro dignum . eras. de educa● . puerorum , p. 23. t fo●ma viros neglect a decet . ouid. de art. amandi . lib. 1. pulchritudo neglect a magis quā affecta●a a viros exornat . bernard . de ordine vitae . col. 1116. g. u 1 sam. 16.12 . iob 42.15 . lam. 1.6 . x gratior est pulchro veniens a corpore virtus . virgil. aenead . l. ● . s●n epist. 66. see b●rn . de ordine vitae . co. 1115.1116 accordingly . y no● e●t p●lchritudo vera quae vitiorum habeat de●o●mitatem : ambros. l. 5. in luke 6. tom. 3. p. ● 8. ● . pulchrum ornatum mali more speiu● caeno collinunt . nequicquam exor●ata est benè qua mo●ata est malè . plaut . mostellaria . act. 1. pag. 29. z e●riosum quidem esse & vinosum , etsi sint magna vitia , non tamen tanta , quantum e●t nimium sui ornandi studium . ib. paedag. l. 3. c. 2. a see the authors quoted pag. 1. & 2. non de integra conscientia v●nit studium placendi per decorem , guem natura liter inuitatorem libidinis scim●s . tertul. de cultu . faemin cap. 2. ornamentorum insignia & lenocinia fucorum , non nisi prostitutis & impudicis faminis cōgruit : & nullarum ferè praeciosior cultus est , quā quarum pudor vilis est . cyprian . de habi●u . virgin. non est mulieris , sed meretricis illud nimium sui ornandi studium . clem. alex. paed. l. 3. c. 2. b rara est concordia formae atque pudicitiae : iuuen. sat. 10. lis est cum forma magna pudicitiae . ouid. epist. 1 5. inter formam corporis & animae ca●titatem lis propè perpetua est . rarissime forma pudicitiae con●unctae est . rar● admodum ●orma insignis et honestas vno sub lare habitant . petr. de remed . vtr . fort. l , 1. dial. 65. l. 2. dial. 1. c dignitas formae possidentibus grauis , appet●ntibus exitiosa coniunctis periculosa , rentationibus exposita , scandalis circundata . tertul . de cultu . faem . cap 3. fall●t enim multos ●orma sine arte decens . ouid. de remed . amor. l. 1 forma castis damno mori●us esse solet . forma est gratior , sed gibbus est tutior : forma paucis ad vtilitatem , multis ad perniciem , nullis ad salutem veramque gloriam data est . multos forma fecit adulteros , castum nullum . petrarch . de remed vtr . fort. l. 1. dial ● . & 6● l. 2. dial. 1. multis species eximia corporis pernici●m attulit , & ipsis quo possident , & ●●s qui specta●t . possessori so ●icitudinem , metum , suspitionem , n● iteriam peccan li , libi ●●nis fomentum ac copi●● affert : s● pudicus esse cupit , ●oc ipso miser est : quod formosus : ●i impudicus est qui forma praecellit , quid tandem debet suo bono , nisi vt facilius ●oreat ? eras de rat. con●●r . epist. p. 43. d lenocinia formae nunquam non prostituto corpori coniuncta & debita sunt . clem. alex. paedag. l. 3. c. 3. see cap. 2. & 11. e non hab●t cas●itatem veram , quae intuentibus parat illecebram● nec ●idem seruat christo , quae populo magis quaerat placere quam spanso . fulgent . epist. 3. ad probam . non computari iam potest inter puellas & virgines christi , quaesic viui● vt possit adam ●ri : cypr. d● hab. virg. * quid 〈◊〉 alteri periculo sum●● ? quid ●lli● alteri co●cupiscentiam imp●rt●m●● ? quam si domin●● ampliando legem a facto stupri non discernit in p●●na , nescio an imp●●e abea● qui ●licui fuerit caus● perditionis . perit enim ille si●●l in t●● f●●●a si co●cupierit , et admisit iam i● animo quod co●cupiuit , & fact● es tu gl●diu● illi ; vt ● culpa vaces , ab inuidia non liberaueris . expinga●●● nos vt alteri pereant , vbi est ergo , diliges proximum tuum sicut ●eipsum ? tertul. de cultu faem . c. 2. si tu te sumptuosius comes & perpublicum nombiliter inceda● , oculos i● te iuuentutis illici●● , suspiri● adolescentum post te trab●● , concupiscendi libidinem nutria● , peccandi fomenta succendas , vt & ipsa non pereas , al●os tamen perdas , & velut gladium te & venenu● videntibus praebea● , excusari non potes quasi mente casta sis ac pudica . cypr. de habit . virg. f vbi pudicitia , ibi vacua pulchritudo . tertul. de cult . faem . cap. 2. g valer . maximus l. 6. cap. 1. petrach . de remed . vtr fort. l. 2. dial. 1. erasm. de rat. conscrib epist pag. 43. h cum & nostra & aliorum causa versatur i● studio periculosissimum decoris iam non tantum conficta & elaborat● libid●nis suggestum recusa●dum est , sed etiam natur●●is speciositatis oblitterandum dissimulatione & incuri● . sancta faemina sit naturaliter speciosa , non adeò sit occasioni . certe , si fuerit , non ignorare , sed etiam impedire se debet . t●rtul . de cult . faem . c. 2.3 . i see b.c. k fastus inest pulchris , sequiturque superbia formam . ouid. fast. l. 1. forma quotaquaeque superbit . ●d de arte amandi . l. 3. mulieres formosae plerunque superb● clerke de aulico . l. 4. p. 244. maximinu●●o etiam ●uit superbior , quo pulchitudine orat conspicuor . op. merus chronogr . p. 254. l cael. rhod. ant. lect l. 26. cap. 21. m in. hoc cognoscimus quod seculum diligim●s , quia praeciosa vestimenta amamus . qui s●e●culum non diligit pulchritud●nem corporis non quaerit . bernard . de modo bene viuendi serm. 6. n rom. 8.13 . & 13.13 . gal. 5.24 . col. 3.5 . o in his character of a phantastique . p in sola anima pulchritudo & turpitudo apparent● & ideò is solus vere pulcher est , qui est virtute praeditus . clem. alexan. pae●ag . l. 2. c 12. pulchritudo tua sit bona vita . stude it aque placere christo , non praeciosis vestibus , sed bonis moribus : non pulchritudine carnis , sed pulchritudine mentis bernard . de mod. bene viuendi : serm 9. illis ampla satis f●rma pudicitia . tibullus : elig . l. 1. elig 2. q non despiciat quid de se vnusquisque , & maximè vir bonus sentiat . nam negligere b●norum iudici● vel arrogantiae , vel dissolutionis est . ambr. de. officijs lib. 1. cap. 47. r de sacerdoti● barbis . fol. 17. s see mr. perkins his cases of conscience . lib. 3. sect. 3. quest. 3. see page 27. t videte n● fragrātia capitis faetorem vit● praestet . diog. laert. l. 6. diogenes . u cu● 〈◊〉 tuam p●●ci●fi● reb●● i●pi●gu●● & a●●●n●● , quam p●st pauc●s dies ve●mes d●uoraturi sun● i● sepulc●●o : anim●● ver● t●am no● ad●●nas , b●ni●●p●rib●● , qua de● & a●geli● 〈◊〉 praesenta●da est in c●li● ? quare 〈◊〉 tuam vil●p●●dis , & ●i c●●nem praponi●● domi●am aucillari , & aucillam d●minari , mag●● a●●sio ●st . bernard . meditat. c. 3. x athena●● dipnos . l. 12. c. ● . herodoti cli● . p. 33. platonis phado● . homer● . iliad . lib. 23● diodorus sic : bibl. hist : l. 1. sect. 84. suetonii caeligula . sect. 5. apulei●● : de aure● asino . l. 29 bede . eccles. hist. angl. l. 4. cap. 19. boemus l. 1. c. 5. alex ab alex● l 3. c. 7. coelius r●od● antiqu. lect. l. 7. c. 23. l 17. c. 21. polydor. virgil. de inuentor . rer. l. 6. c. 9. purchas pilgr . l. 5. c 9.10 . ludouicus patriciu● l. 5. c. 7. y iob. 1.20 . isay. 7.20 . & 15.2 ier. 7.29 . & 16 48.37 . ezech. 7 . 1● . & 27.31 . amos 8.10 . mich. 1.16 . z see page . 49. a cur decoras quod mox foedandum est ? cur depingis quod necesse est conculcari ? quid ibi valent venustae formae , vbi puluere maculantur assiduo ? bern. ad gul : abbatem : apologia . b spectatum veniunt , veniunt spectentur vt ipsa . ouid. de arte amandi . lib. 1. quid pu●●● in his omnibus queritur ? p●nitentium compunctio , an intuētium admiratio ? bernard . ad gul. abb. apolog. c chrys. hom. 8. in 1 tim. 2. theophylact : in 1 tim. 2. d eo creditur sanctior quo coloratior . bernard . ad gul. abb. apolog. e se pie sacrificasse opinātur , si cutem lauerint . lanctantius de iustitia . l. 5. c. 20. f dum orantium in se retorquent aspectum , impediunt & affectum . et magis mi●antur pulchrae , quam venerantur sacra . bern. ad gul. abb. apol. col. 10 c 3. qui ad ecclesiam non venit impieta●tis reu● est , qui sic venit sacrilegii . salu. de gub. dei. l. 8● p. 284. * ociosa sedēt depictae ad spectaculum . clē . alex. paedag. lib. 3. c. 2.11 . g quo●tò diutiu● deu● n●● expectat , vt ●mendam●● , tanto districtiu● iudicabit , s● neglexeri●●●● bernard . medita● . cap. ● . a pleasant purge for a roman catholike to evacuate his evill humours consisting of a century of polemicall epigrams, wherein divers grosse errors and corruptions of the church of rome are discovered, censured, refuted, in a facetious yet serious manner / by william prynne ... prynne, william, 1600-1669. 1642 approx. 441 kb of xml-encoded text transcribed from 100 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a56191 wing p4038 estc r5059 12376699 ocm 12376699 60639 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56191) transcribed from: (early english books online ; image set 60639) images scanned from microfilm: (early english books, 1641-1700 ; 223:6) a pleasant purge for a roman catholike to evacuate his evill humours consisting of a century of polemicall epigrams, wherein divers grosse errors and corruptions of the church of rome are discovered, censured, refuted, in a facetious yet serious manner / by william prynne ... prynne, william, 1600-1669. [14], 184 p. by r.c. for michael sparke, senior ..., printed at london : 1642. errata: p. [13]. reproduction of original in harvard university libraries. marginal notes. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng catholic church -controversial literature. epigrams, english. 2007-07 tcp assigned for keying and markup 2007-07 aptara keyed and coded from proquest page images 2007-09 pip willcox sampled and proofread 2007-09 pip willcox text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a pleasant pvrge , for a roman catholike , to evacuate his evill hvmovrs . consisting of a century of polemicall epigrams ; wherein divers grosse errors , and corruptions of the church of rome are discovered , censured , refuted , in a facetious , yet serious manner . by william prynne , an vtter-barrester of lincolnes-inne ; who composed these poems , to solace himselfe , in his late tedious imprisonments . horatius de arte poetica . omne tulit punctum qui miscuit utile dulci. jeremiah 51. 6. flee out of the midst of babylon , and deliver every man his soule ; be not cut off in her iniquity ; for this is the time of the lords vengeance ; he will render unto her a recompence . 2 thessalonians 2. 10 , 11 , 2. because they received not the love of the truth , that they might be saved ; for this cause god shal send them strong delusions , that they should beleeve a lye : that they all might be damned who beleeved not the truth but had pleasure in unrighteousnesse . printed at london by r. c. for michael sparke senior , dwelling at the blue bible in greene arbour , 1642. to the most illustrious charles , prince of wales , and heire apparant to the crowne of great britaine . great britaines present joy , her future hope , and faiths defender against romes proud pope ; vouchsafe to cast your gracious princely eye on these unpolish't poems ; which descry , refute some foule , grosse errors , practises of romes false church . by one short view of these , your highnesse may conjecture of the rest , and be stirr'd up for ever to detest with greatest zeale , romes errors , blasphemies ; which make good hearts with indignation rise against them . great jehovah crowne and blesse your highnesse with all kindes of happinesse ; and , through your favour , make this pvrge of use , si●ke roman soules to true health to reduce . so prayeth , your highnesses most humble devoted servant , william prynne . to the courteous reader . meeting with sundry * papists whiles that i remain'd a prisoner under custody ; we oft conferred in a friendly way , of divers points of doctrine , wherein they dissented from us ; and some practicall corruptions , which they , rome , devotion call . on this occasion , to helpe passe the time , i some of our discourses turn'd to rime ; that so i might with greater liberty , and lesse offence , their errors lash , descry ; both to convince , and cause them to despise , their fond false tenents , worships , blasphemies . which poems since , being licensed the presse , as usefull for these times ; fit to represse romes spreading errors ( * some whereof i finde not yet oppugn'd by any in that kinde , as here they are ; ) i them shall recommend unto thy use ( kinde reader ) to this end , that thou maist weigh their matter , not their dresse ; which is but rude , unworthy view , or presse . minde then their substance , not lame poetry ; and all defects in friendly sort passe by . if any health thou by this pvrge shalt gaine ; blesse god ; and pray for him who shall remaine , thine in the truth , william prynne . a table of the epigrams herein comprised . 1. on , and against popish ave maries . page 1 2. on , & against popish beades and pater-nosters oft repetition on them . p. 19 3. on , and against popish crucifixes , and images of christ . p. 23 4. on , and against popish crucifixes , and adoring them with latria . p. 28 5. on , and against popish pictures of the virgin mary , as a crowned queene , sitting on a throne with christ a sucking infant held in her armes ; and on the reliques o● her milke , which they keepe and shew . p. 31 6. on , and against papists painting the virgin mary , and other saints in new fashions , with frizled haire , and rich dresses . p. 35 7. on saint dominickes vision of fryers of his order , hid in heaven under the virgin maries peticoate ; and on the reliques of her garments , which papists keepe and shew in sundry places . p. 37. 8. on , and against papists reserving the host , and carrying it in procession . p. 39. 9. on popish tapers . p. 42 10. on saint michaels buckler and poynard kept for a relique in the chappel of saint michaels mount , in base normandy . p. 42 11. on the reliques of josephs han , and the asses taile , whereon christ rode . p. 43 12. on the popish sacrifice of the masse . p. 44 13. on romes 7. sacraments . p. 45 14. on romes 7. deadly sinnes . ib. 15. on romes latin prayers . p. 46 16. on popish miracles ib. 17. on popish whippings and satisfactions . p. 47 18. on papists abstaining from flesh on fasting dayes . ibid. 19. on papists making marriage a sacrament ; yet forbidding their priests to marry , and permitting them to keepe whores . p. 48 20. on romes extreame unction , and its being a sacrament . ib. 21. on papists implicit faith , & images . p. 49 22. on popish blinde obedience . ib. 23. on popish pilgrimages , offerings , kneelings , prayers to the images of the virgin , and their worshipping of her and them . p. 50 24. on romes worshipping the crosse , nailes , and what ever touched christs body , with latria , or divine worship . p. 52 25. on romes prayers to dead saints , and for the dead . p. 53 26. on romes divine adoration of her painted crosses . p. 54 27. on papists supposed looking-glasse of the trinity , for their saints to see prayers in . ib. 28. on prayers in an unknown tongue . p. 56 29. on romes idoll , and idle worship . ib. 30. on transubstantiation . ib. 31. on popish transubstantiation , and annihilation . p. 57 32. on transubstantiation , and the popes vicarships repugnancy . p. 59 33. on the reall presence , pix and crucifixes repugnancies . ib. 34. on transubstantiation , and popes leaden buls . p. 60 35. on popish priests , taking away the cup from the people . ib. 36. on popish concomitancy , and the sacred cup. p. 61 37. on popish concomitancy ; and halfe communion . ib. 38. on praying to , and representing of god and saints by pictures . p. 62 39. on worshipping images . ib. 40. on popish confessors and pardons . p. 63 41. on popish altars and masse-priests . ib. 42. on popish purgatory and its fire . ib. 43. on popish indulgences . p. 64 44. on popish merits , and prayers to saints . 45. on papists praying to christ , to save them by thomas beckets blood . p. 65 46. on romes freewill . ib. 47. on popish priests shaven beards , and shorne nunnes . ib. 48. on popes buls , and doubting of salvation , their contradict on . p. 67 49. on pop●sh sa●nts 〈…〉 for partiticular coun●●●●s , 〈…〉 , & kindes of 〈…〉 p. 68 50. 〈…〉 p. 69 5● . 〈…〉 ib. 5● . on pop●sh merits . ib. 53. on auricular confession . p. 70 54. on romes prayers to saints . ib. 55. on popish monkes , players , prayers , and merits . p. 71 56. on romes taking away the scripture , cup , and second commandement from the people . ib. 57. on the romish masse . p. 72 58. on the popes two swords . p. 73 59. on the popes two keyes . ib. 60. on kissing the popes feet . ib. 61. on the popes being peters successor . ib. 62. on the popes not erring , whilst he sits in peters chaire . p. 74 63. on the popes not erring . ib. 64. on popes not sinning and erring as popes but as men . ib. 65. on the popes not erring , and falling from grace . 66. on the popes pardons , and mortall sins . p. 75 67. on the popes being christs vicar generall upon earth . 68. on popes pardons of sinnes . p. 76 69. on the popes being head of the church 70. on romes sins , curses and pardons . 71. on the pope and his cardinals . 72. on the popes being christs vicar p. 77 73. on the popes vicarship , and vicars . 74. on the popes porpherie chaire , wherein they are groped , and tryed to be men . p. 78 75. on christs crowne of thornes , and the popes triple crowne of gold . 76 on peters poverty , and the popes great wealth ; and being peters successors . 77. on popes prohibiting priests from marriage . p. 79 78. on protestants damnation by papists , and the reason of it . p. 82 79. on romes saviours and jesuites . 80. on no salvation out of the church of rome . p. 83 81. on papists making apocrypha canoninicall , and canonicall scripture lesse than apocryphall ; with their blasphemies against it , and popes power over it . p. 84 82. on the two arch-patriarches of popish fryers , saint francis and saint dominick and their blasphemies concerning them . p. 85 83. on the strange popish miracles , attributed to , and forged of saint vincent ferryer , and saint anthony of padua . p. 93 84. on the popish blasphemous legends of their saint katherine of sennes . p. 95 85. on a popish miracle of their deified hostia . p. 98 86. on papists prayers to those for saints , who neither were saints nor men . p. 99 87. on popish blinde obedience . p. 100 88. on romes making perpetuall visibility a note of the true church . p. 101 89. on romes making multitude , and roman , another note thereof . p. 102 90. on romes engrossing the name of the true church of christ to her selfe alone . 91. on romes religion turned to policy . p. 103 92. on popes right , to interpret scripture , and their strange glosses on sundry texts to prove their supremacy , and the lawfulnesse of deposing and killing kings , who disobey them . p. 104 93. on the popes supremacy and soveraignty over kings , emperours , and kingdomes . p. 109 94. on popish images . p. 111 95. on romes doctrine and practise of equivocation . 96. on papists blasphemous assertions touching the virgin mary , to the dishonour of god the father , and christ his sonne . p. 112 97. on romes novelties , notwithstanding her pretence of antiquity . p. 114 98. on , and against romes halfe-communion , and sacrilegious depriving of the people of the sacramentall cup. p. 217 99. on , and against popish and superstitious bowing to altars , and rayling in the lords table altarwise . p. 140 100. on , and against popish bowing to altars , and adoration of the host . p. 181 errata . page 9. l. 3. for you , read your , l. 10 the , four . p. 13. l. 35. hers , his , p. 27. l. 5. it , is . p. 28. l. 1. nazarene , p. 55. l. 25. ascend , p. 72. l. 16. eternity ; extremity , p. 88. l. 18. there tarry , p. 95 l. 18. the baker , p. 99 l. 12 you saint , p. 113. l. 16. advocate , p. 117 l. 17. constans , p. 120. l. 11. for to , p. 121. l. 33 great feast , l. 34. guest , p. 124. l. 17. received , l. 21. no ; nay , l. 27. whom when received , p. 126. l 25. makes , p. 129 l. 16. that , as , p. 131. l. 8. dranke , l. 35. sacraments of ; sacramentall : p. 134 l. 4. yet , it . p. 135. l. 8. and some , l. 23. publike , vulgar , p. 138. nor , not ; p. 139. l. 9 they , th●are . in the margin , p. 12. l. 40. dele and , p. 13. l. 17. novae , l. 27. capreolus , p. 28. l. 34. molanus , p. 66. l. 40. rosella , p. 109. l. 24. eutropius , p. 138. l. 5. eucharistia , l. 11. carnotensis , l. 17. spe●●● . p. 174 l. 39 sam. sacr. a pleasant pvrge for a roman catholick , to evacvate his evill hvmors . consisting of sundry epigrams ; wherin divers errors , and grosse corruptions of the church of rome are discovered , censured , refuted , in a facetious , yet serious manner . on , and against popish ave-maries . no ave-marie now ? no salutation of the blest virgin since her exaltation ? the a angell sayd it whilst shee here did live ; must we not then this honour now her give , in state of glory , mounted up on high to gods b right hand , above the starrie skie ? no. why ? because it is a c salutation , and so casheer'd by this her elevation . friends , neighbours use none to salute or greete by speech , whilst absent , but when as they meete . if men in england should salute with ave their friends in spaine , & cry to them , god save yee , all haile good sirs , and with them complement whiles absent there , as if they were present ; or should they aves to their pictures say , and them salute , as you doe hers each day , all would them deeme mad , foolish ; are not ye then mad , craz'd , sottish thus to cry ave , hayle mary full of grace , to mary here , and to her pictures , as if still she were here present with you ; when you all grant , know , she 's now in d heav'n above , not here below , * ten millions more remote from you all , then ▪ those now in spaine are from us english men. no doubt your wits are fled , you quite erre , dote , thus to salute her from you so remote , since fooles , yea little children still deny to aske their parents blessing , if not by ; go to salute them with cap , congie , knee , except they see them , and they present be . the angell courted her not till he e came into her presence ; pray doe ye the same ; stay , till you meete her person , then salute ; the angell else your folly will confute ; who in her absence us'd no complement , nor ave , but when , where she was present . nor did he her salute , nor ave cry till he f was sent by god in embassie to her from heav'n above , and to her came with speciall tydings : doe you than the same . stay till god sends you to her , then salute : the angell , else , your dotage will refute . when you come to her with an embassie from god , then her salute and aue cry : but not before , since t is presumption her to salute without commission . none but g an angell , not one mortall man saluted her with ave here : how can you then ( no angels , but meere men ) presume the angels salutation to assume ? and this great h queene of heav'n greet thus ? i feare you are too bold with him and mary here , first , to vsurpe his words , and then to cry ave to this grand queene familiarly , without their leave or god's , as if you were their equals ; till you be so , pray forbeare your aves : it s not manners , nor decent for you with this grand queene to complement : it stands not with a princesse royalty , that all should her salute familiarly . the angle sayd his ave i once , no more then ceast , and did not oft repeate it o're . how then can you your aves every day repeate oft times together , when you pray , and never cease ? the angle certainely did never teach you such battologie . * your legends write of great s t marguerite , that she a thousand times us'd to recite the ave mary , prostrate on the ground on each feast , vigil ▪ which she sacred found vnto the virgin , and did cry ave when and where ere she did her image see ; yea , popes and k masse-bookes order you each day by sound of bell , nine aves for to say , morning , noone , evening , three aves together without one pater noster them to sever ; so that you pray to mary nine times more each day , than unto god , if not nine score . for , in your ladies beades or rosary ; ( which all dominican monkes , and sundry besides , are bound to use still ) you each day l an hundred fifty ave maries say . successively ; ten ave maries to one pater noster ; and so pray unto , her ten times more than to god the father , and so her ten times before him preferre , at least , if not farre more , m beginning all your houres , with aves to her , ere you call on god , your lips to open , and to be your aide ; proceeding , ending with ave to her : with it you still begin and end your sermons , prayers ; her , more than god intend . fooles , why doe ye thus her preferre before god , and than him invoke thus ten times more ? why doe you vexe her with battologies , and peales of oft rehearst ave maries from day to day ? for shame this clamour cease , the angell else will bid you hold your peace , who sayd his ave onely once , no more for ought we reade ; give then your aves o're ; you have repeated them so oft each day , that now t is time to cast them quite away , the angell his ave to mary sayd n before his tydings to her were display'd ; to informe her of something she before knew not at all ; which done , he spake no more . you not to informe her of ought that 's new , or of a thing which she before not knew ; but out of feare least she forget what he inform'd her then through flux of time , ave by o millions to her still cry night and day unceasantly , and nought but aves say ; no doubt she heares them not , for if she did , she would as many times each day have chid you for your folly , as you ave cry , not to her honour , but great infamie ; who thinke her deafe , dull , voyde of memory , forgetfull of her grace , felicity , and of the angels message ; at least wise delighted with your vaine tautologies , that you such peales of aves to her thunder ; if she heare ought for them it is a wonder . cease than to cloy , deafe , shame , vex her with ave , else shee 'l heare nought else , nor have time to save ye ; tooke up , deaft , tyred with aves alone ; to her no pleasing , but distastefull tone , which at the first p perplext ; made her admire , but now thus babled , her provokes to ire . learne manners from the angell , ave cease when utter'd once , then after hold your peace . cease aves now for shame ; if you proceede you are no angels but the cuckoo's breed . he , as a q preface to his embassie vs'd his ave , whiles she was here onely among women , in state of grace , not glory ; be you then guided by the angels story . you have no embassie unto her grace , from god himselfe , to preface thus ; her case , state , place , are altred much from what they were when as the angell her saluted here : she was then r among women ; now on high , she hath no women in her company : there are no women yet in heav'n ; its true good womens soules are there in blisse , but you cannot their soules call women ; since soules are not male nor female , and nought doth declare , make , differ sexes but bodies alone ; and womens bodies yet in heav'n are none ; therefore no women doubtlesse are now there : but grant they be , yet no women are neare where you place her , s at gods righth and on high , on the throne of the blessed trinity , above all angels , saints , who come not nigh the virgin , whom you mount , advance so high . you cannot then say truely , blest art thou among women ; unto the virgin now ; sith no women are in her company : when you say aves now , you still doe lye. he , as a t salutation , not a prayer his ave mary uttered first to her : you as a prayer to her it say alway ; this doth your error , sottishnesse display ▪ his salutation was not , cannot be a * prayer to her , as you shall clearely 〈◊〉 . first , t' was an v angell sayd it ; angels pray not unto men , whom they x gard , save alway ; god never sent an angell to teach men , to pray to him , much lesse to mary ; then it is no prayer ; no angels but christ may presume once to prescribe what men shall pray . he spake it when he y came her newes to bring of christs conception , craving her nothing . it was a z greete from god ; to make it then a prayer to her , makes god to pray to men. there is no word in it which possibly his greete a prayer to her can once imply . besides , the a text , b you , it expressely call a salutation , and no prayer at all . and that a meere salute a pray'r should be to her , seemes strange , nay senselesse unto me . the text addes further ; c she was troubled at his saying , and did cast in her minde , what manner of salutation this should be : which made the angell say , ( c ) feare not : had she thought this a prayer made to her , certainely she had not thus bin troubled , scar'd thereby . nought this a prayer , unto her can import , to make it then a prayer now is mad sport , unlesse be for her : if you this deny , a prayer for her the words it prove clearely . first d ave , which all haile , or happinesse attend you , signifies , is an expresse prayer for , not to her ; and is just the same with our salute , god save you blessed dame ; which all confesse to be a pray'r not to but for those we salute ; than ave's so . next , dominus tecum ; the lord be with thee , is a prayer for , not to her : this to be so , is most cleare by all your liturgies , houres masse-bookes , where the priest thus prayes and cryes . e dominus tecum oft times ; which all call a prayer to god , for , not to men at all . by this then see your madnesse , folly , shame , in saying aves to the blessed dame. you thinke thereby you onely pray unto not for the virgin , when you quite crosse doe , praying not to , but for her alwayes when you say your aves : o mad , senselesse men ! if she thus neede your aves her to save , blesse , bring to god , how can you then ought crave pray , gaine from her ? if she needs prayers from you she can ill ayde , save those who to her sue . you f write , she is in height of happinesse ; that god , christ , she , doe now one throne possesse . it is meere folly then and surplusage to power out aves for her in this age : at least wise salves ; which you make the same with aves in your masse-bookes ; where the dame is oft saluted , prayd for thus , g salve maria , or regina , god save thee mary , or queene of heav'n ; which doth imply , that she is not yet saved perfectly ; because you pray god thus to save her still ; ( a pray● re not to , but for her grace , as will appeare by this prayer often mentioned , h god save the king ; us'd when kings were crowned , not to , but for them , by their subjects : ) or if she be sav'd already , this prayer for her ( made for none but those not saved yet , and men on earth , if i doe not forget ) must needes be idle , vaine , absur'd ; and she with it no doubt , will much displeased be , since it her not yet saved doth imply , as it did when she was i here , not on high. before she saved was you might well say , aves and salves for her ; but not pray thus for her now , when saved perfectly , in heav'n ( as you hold ) k both soule and body . the angell had no ave mary l bell , sounding each morning , noone , night , him to tell when he should say his ave to mary , as you have , by whose sound your aves cry , thrice trebled dayly which bell , no popes ban or interdicts from ringing silence can , as m calderin most sagely notes ; though they . all other bells from ringing wholy stay . the ringing these bells is of such moment , that the orders of monkes at rome once n went to law about it , before the popes grace , to know which of them foure should in first place it ring each morning : where after long sute , much cost , more wrangling , and no small dispute : it was at last resolved finally , by an unalterable act , that they who did first rise , should ring it first of all each morning , men to aves thus to call . but since the angell sounded no such bell , you should not ring it if you would doe well . the angell had no beads whereon to say his aves by set number every day ; he sayd it but once , without beads , then you must o beades and dayly aves bid adue . he sayd it not by way of pennance ; ye p injoyne men for their penance the ave to mumble over by set scores , and then they are absolved and meere guiltlesse men. the angell fell not on his knees when he unto the virgin spake his first ave. why then doe q you before her image fall , and kneele when you with aves on her call ? the angell sayd his ave onely to her r person , not her picture ; you unto , before her s image , not her person say your ave maries onely , when you pray . is it that you her pictures deeme to be her self , that you them greete thus with ave ? if not , belike it is because you feare she is so t farre off now she cannot heare your voyce , but yet her images close by may chance to heare you , when you ave cry before them : but i doubt they both have lost their hearing quite , she , and the painted post : and so your babled aves are lost , vaine : you may doe well then from them to abstaine . the angell sayd no pater noster as a prologue to his ave ; neither was the ave heretofore joyn'd to the pater ad its part or apendix why of later times than doe ye in your houres v offices prayers , masse-bookes use to preface your aves with pater nosters , yea make them a part of the lords prayer , or codicell by art ? conjoyning them so neare , that none may say a pater without ave , when they pray : as if they both were prayers alike , and all who pray ovr father , ought likewise to call on mary as their mother , queene , else they shall not be answered though they paters say . had this beene so , the angell , or christ would have them conjoyn'd thus , or at least we should have found them coupled thus in sacred writ ; which since it doth disjoyne them as unfit to match , sute , run together ; you both erre and sinne no doubt to yoke them thus together . belike the pater is a beggerly prayer , and ave * is infinitely better than it , as some held heretofore , that you conjoyne them , and say halfe a score aves for one sole pater noster ; this angell neere taught you thus to pray amisse . his ave did in time and place preceede the pater : you , in both make it succeede . his ave x was before christs birth , but the pater long after it ; luke , his ave records in his first chapter ; the pater in his eleaventh , in time , place later than it : you ave after pater say , place , and so from the text run quite astray . nay you the angles ave farre out-goe joyning y elizabeths salute thereto as if it were the angels owne ; whereby you wrong the text , and make the angle lye and speake non-sence , in saying , blessed be the fruite of thy wombe ; when t is cleare that she z had then no fruite conceived in her wombe : whence he tels her , the holy ghost shall come vpon thee , and the power of the highest shall over-shadow thee , both these exprest not in the present , but the future tense , her clause as his , makes him lye , speake non-sence , it being true when she it spake after maries conception ; false when he to her . sayd his ave before it . this is bad , but that is worse which you to his words adde . a sancta maria ora pro nobis , &c. holy mary pray for us , none of his nor of elizabeths words , nor once found in * scripture why then doe you joyne , confound this cursed pray'r thus with the angels speech as if the angels mary did beseech to pray god for men , and this clause indite which you as part of his salute recite , to make poore people to the virgin pray , who thinke all scripture , angels words they say . since b all it tearme the angells salutation , when these words are romes damned innovation , patcht to the angels greete : which forgery the silly people cannot possibly discover , since rome takes gods word away from them , which should this jugling trick display and leaves them none but such bookes where they finde this clause annext , the better them to blinde . the angle did not such forg'd aves say : you must them then discard and cast away . th' angell before , and after offices , psalms , lessons , hymns , houres , sermons and glories no aves sayd , c like , you ; much lesse did he into the 95. psalme his ave : and lord be with you , insert , as you doe foure times within this psalme , annexing two aves more unto its close , e placing one before it , though in the old testment none can finde one ave : nay , whereas in the whose bible there is onely one ave us'd by the angell , you doe it record repeate at large , omitting not one word an hundred and fifty times in one small rosary onely ; and in most of all your offices , houres , missalls i it finde , well nigh as oft recited in this kinde . o monstrous babling and battologie ! g the angell taught you no such cuckooes cry. the angell sayd his ave onely to mary her selfe ; you say , ( nay write that you may say ) these aves , paters to , before those other saints whom you invoke , implore , as you now use to say your beades and pater to mary and her image , as your father , and then say aves at your paters end to god the father : this for shame amend , since t is the height of madnesse , blasphemy to god , to saints to say ave mary , and to say paters to saints , and to her as if they were god , your heav'nly father . he never sayd an ave too , before the crosse , which you now pray to and adore with h ave lignum triumphale ; nay with i ave maries which you to it say or k ave crux spes unica ; all haile o crosse our onely hope ; doe thou availe in godly men to judgement righteousnesse , and pardon to the guilty to adresse , he never sayd an ave to the speare that did christs blessed side both pierce and teare , when you sing ave lignum triumphale , felix hasta , all haile , l or god save thee triumphant iron , happy speare , these you , salute , adore with m latry as their due ; and the crosse , nayles , speare , n worship , deifie , because they did christs body crucifie , o as you salute , adore , mary for that she bore , p preserved , nurst christ ; and did flat contrary to them , these your aves be quite crosse to hers , and cannot well agree the virgin cannot take it well that these should be ador'd with latry and aves as well as she , and equaliz'd to her for killing christ , who did him nurse and beare . yea , you say ave chrisma to that oyle and chrisme wherwith you children grease & soile : and to s. anne , p roch , others aves say , in all these you quite from the angell stray . he never said his ave at no one day by sound of bell , as you it use to say q by pope calixtus precept , to the end that these aves might those aide and defend who did against the turkes fight usually , a goodly charme , no doubt , to make turkes fly . nor did he ever chaunt ave mary to r rescue searcht sovles out of purgatory , or rather hell , as you doe , when you say your ave mary prayers at nooneday , and in your offices for the dead where you ave maries say , and pray god there to s free the dead from satans power , gods ire endlesse damnation , t bells torments , and fire without one word at all of purgatorie whose name in missals , houres , appeares rarely : good proofe there is no purgatory : you must than this kinde of aves bid adue . the angells ave was but arbitrary , not sayd of duty but of v curtesie , you deeme your aves , maries right and due , though neither god , christ , she , them crave from you . the angell greeted mary with ave onely x before christs birth ; you since , when ye cannot produce one text , proofe , that any thus greeted her since christs nativitie : whereas we reade , the y wise men from the east who came to worship christ , and did not rest vntill they found him , when they came into the house , and saw him with his mother too , fell prostrate , worshipt him onely , not her and to him offred gold , incense , and myrrhe , but offered naught , we reade , to her at all ; nor her saluted ; you quite crosse z downe fall worship , salute , present , invoke onely her , and the babe christ , in her armes , passe by uncourted , uninvoked , no ave is said to him , knee bow'd , thing offered ; she ( a crowned queene ) hath all the ceremonie , prayers , worship , off'rings , whiles he a babie in her armes , is neglected : o fooles see how opposite to the wise men you be , who a did salute , adore , present onely the sucking babe , but past the mother by . no doubt the b angell would have done likewise had he seene christ with her , before his eyes : or in her armes : you must not ave cry then , or her greet henceforth , if christ be by , as he is still , in picture , when you say your aves to her image , as you pray . he never did his ave mary say to purge all mortall , veniall sinnes away , as c you your aves and your rosary vse for to say ; a new found purgatory to purge men from all sinnes without christs blood , which the apostles never understood . he did establish no d fraternity of our ladies chapter or rosary , as you have done , to cry ave each day an hundred and fifty times without stay ; to all of which order pope innocent the eight by his hand , voyce and full consent e gave two plenary indulgences ; in life one , in death the to'ther of all sinne ; and five yeares after gave an hundred yeares and quarantines of pardons to each beares the chaplet but about him ; and many popes since , to those who say the rosary and ave , have granted them , seven , five , two yeares indulgence , with quarantines thereto . nay alexander the sixth gave pardon for thirty thousand yeares , to every one who before the altar of our lady with christ and her mother , should say onely a speciall ave , importing that she was without sinne conceiv'd ; such pardons he did neither give nor grant to any here for saying his ave , f popes may well forbeare then for to grant them ; till god , christ , mary , this angell give them such authority . the angel which appear'd to gideon , did use to him this salutation ; g the lord is with thee o thou man of might : yet none this greete to gideon will recite : an angell unto manoahs wife , also brought downe from god these happie tidings ; lo thou shalt conceive and beare a sonne ; the same in substance with those he to mary came ; yet none to her this greeting message use : you must then both repeate , or both refuse . an h angell to the shepheards , zachary brought tydings of johns , christs nativity ; and sayd to them as unto mary here , feare not , and so forth ; yet it is most cleare that none to them these greets or aves say ; you must your ave maries cast away then by the selfesame reason , since that ye can shew no precept , ground to say ave to mary onely , and to pretermit the angels words to all these , as unfit to use each day alone , or joyn'd to the lords prayer , as your ave maries be . the angell never dreamp't that his ave , could reprobates and damned soules set free from hell it selfe , when as your rosary of ave maries , ( if i alanus lye not , ) but devoutly used will obtaine eternall life for reprobates , and gaine damn'd tortur'd soules out of hell fire , whence ye record , that abbot k odilo did free the soules of reprobates and damn'd men by his prayers , and his covents of clary from hell , or vuleans pots , in whose flames they by devils were tormented night and day : all which the devills did oft times lament in hearing of an anchorite , who sent this newes to odilo ; who then ordaines all-soules day hereupon , damn'd soules from paines of hell to free , and not from purgatory , as most now write against the sirst pend story . if ave maries , rosaries can free damn'd soules from hell , few then shall damned be . in fine , his ave was esteem'd no part of maries or gods worship : by what art have you then l made it both ; who thinke that she , and god too , by your aves worshipt be : yet mary more than god , since that you all your offices , houres , psalters ; masse-bookes call not gods , but maries , so that you adore , serve , her onely now , at least-wise her more by farre than god , christ , since your bookes thus beare her name and title , not theirs , as is cleare by your new printed masse-bookes , which stil'd be in all their titles , fronts , as you may see , our ladies psalters , primers , offices , houres , rosaries , and such like : this aves use hath in time produced , you to make her m servants and devoti ; who forsake god , christ , the holy ghost , and trinity adoring none for god , but her onely : she is romes goddesse ; god , father , son , sp'rite , trinity , mother ; and none else of right . the b stateliest churches , altars , images most monkes , nunnes , orders ; all houres , offices , bookes of devotion are hers , beare her name , and all grace , pardon comes from this blest dame , as rome avers now . this aves have wrought beyond , contrary to the angels thought , and maries too ; who by them hath undone , ungodded both the father , and the sonne . on , and against popish beades , and pater-nosters oft repetition on them . i wonder much why papists on * bedes pray , and all their pater-nosters by them say . is it because they set them out to sale , and none will buy them by their weight but tale ? as they doe wodden billets ; and therefore they must have beades to keepe true count and score ? if so ; it seemes a just and lawfull act ; though to sell prayers , be no christian fact. or is it , because they contract each day with god , how many paters they will say to him ? and so their bedes serve to keepe true account , that god from them may have his due ; so many pater-nosters just as they by contract , vow , or pennance , ought to pay ? this seemes an honest practise , and most just , to render god his due : yet then they must first prove , that god takes all their prayers by tale not weight ; but this would marre their price and sale . their paters are so light , that god must take them all by tale , sith they no weight will make . for should he ballance them , their endlesse tale of paters , would not poyse , nor turne the scale . bedes then keepe equall scores , 'twixt god and them ; god would forget else what they pay to him : he is oblivious , if not false ; therefore they dare not trust him , they must keepe the score . or else they deeme he mindes no more than they their mumbled paters ; else they would not pray by count ; i doubt they cheate god in the score sometimes , to make him minde their paters more . or doe they use their bedes alone to finde that tale of paters which they seldome minde ? their thoughts being else-where when their pater's sayd , the bedes must tell them still how oft they pray'd : their paters sure are sayd with great devotion ; they doe not know their summe , but by bedes motion : should god them take by weight , than , not by count , so many feathers would their poyse surmount . i doubt their beades , though light , will overweigh all paters , aves , which they on them say ; and are far more worth were they to be sold , than all the paters , aves , on them told . but why must paters thus be said by score ? did christs apostles , prophets , saints before time use it ? no , reade scripture new or old you finde no paters , prayers on beades told . some thinke our bede , these beads did first invent , from whom they tooke their name ; if i consent ( * though false , ) yet for sev'n hundred yeares , or more next after christ , none paters by beades score said ; now the case is alt'red ; few can say their paters , unlesse they on beades them pray . pray on them ? no : let him marke who this reads they never use to pray , but say their beads : this is their proper language , so as they confesse , their beades helpe make them not to pray ; to say indeede , nay use vaine repetition , against the paters and christs prohibition , who first ordain'd the p pater purposely vaine babling , and your bedes quite to put by , which christ condemnes as heathnish , and defends all his to use , because it god offends . but chaplets now this remedie hath mar'd , and made it the disease it should discard : some scores of pater nosters must be said on beades , ere god can heare , minde what they praide : he 's growne now deafe belike , and cannot heare their first , next , third , fourth pater ; or they feare he is asleepe , or dreaming ; so that he with peales of paters must awaked be , or with their beads great ratling sound and noise , ere he can heare or listen to their voyce . if he heares the first dozen paters , all the next are idle , bootelesse , prodigall , yea , a grosse q taking of gods name in vaine ; which if it merits ought , it s nought but paine . such idle babble , and battologie god doth condemne , reject , hate , and defie , especially when they kneele downe before saints images , and say their paters o're to them , as if they god the father were , and did their beades and babled paters heare : which damned common practise rome allow's in her r trent catechisme , not disavou's ; yea , hubberdin , with others long agoe , maintain'd , s that they might pater nosters to s. peter say , and other saints full well without offence ; and t george douly doth tell us now of late , in his instruction of the chiefe points of your religion , that doubtlesse men may say the pater , or the ave marie unto the honour , or invocation of any other saint or angell , with this intent , either to pray to god that he would have mercy vpon their soules , for this saints , angels cry ; or to craze of the saints themselves , that they will offer to god for them what they pray . a new point of faith and devotion , not knowne to christ , but to romes priests alone : had papists sense or reason , they might see how oft repeated pater nosters be most irkesome , loathsome to god , not pleasing . for if men here should to a judge , lord , king , ten , twenty , thirty , forty times , or more together the same words , requests , say o're , ( as they to god say paters ) all would thinke them mad or foolish ; yea their suites would stinke and be denide for this their clam'rous cry , thougst just , since mar'd by such battologie . if it be folly , frenzie , babling then oft to repeate our suites and plaints to men , yea , the next way to make them us deny ; is it not just the same to god to cry thus pater , pater , for an houre or more untill your beades be fully numbred ore ? v doubtlesse it is , nay a meere mockery of god , who turnes his eares from this vaine cry . all deeme the cuckoos , which doe oft times sing nought else but cuckoo , cuckoo , in the spring for three moneths space ; most foolish birds because they oft repeate their cuckoo , without pause ; and we thinke children , fooles , the cuckooes play , in counting then how oft they cuckoo say . papists are worse than cuckooes , which forbeare their cuckooes song for nine moneths space each yeare ; when they their cuckoo-paters night and day , all the yeare long repeate , and never stay . yea , whereas cuckooes never keepe account how oft they cuckoo cry ; they them surmount in this , that they cry cuckoo and keepe score how oft they doe it , on beades made therefore ; so that they are more sottish , foolish , vaine than cuckoos , children , fooles , and so remaine ; whose severall follies all conjoyned be in them , and linkt in one , as now we see . if they on beades to pray will still proceede , they are fooles , children , and the cuckooes seede . on , and against popish crucifixes , and images of christ . no pictures can so lively represent christs death and passion , as the x sacrament and word , the onely crucifixes he hath left his church , his death , to minde , and see . what neede of pictures , crucifixes then to shew christs death , or person unto men ? had they beene usefull , he had instituted them too , like these : sith not , they are refuted . if we christs person , or humanitie at any time would set before our eye . let us behold our selves : no image can so lively set forth christ to us , as man , gods and christs perfect y image ; whose likenesse and z nature christ assum'd : if man expresse not christ sufficiently unto our view , no pictures can ; they false are , he the true , and perfect living image of christ ; why neglect they truth then , and behold a a lye ? the scripture no description of christs face forme , feature , person makes , but of his b grace that none should dare presume to undertake his c unknowne image , vnseene shape to make , which cannot but be false , and a meere d lye , because no ground , shape 's left to draw them by . and none now know christs true forme , portraiture : how can the papists , others then be sure those crucifixes they adore , keepe , see are christs true pictures , and not one of the two c theeves that were with him then crucifi'd , since both alike upon their crosses dy'd ? and those who made them for ought they can tell intended to present by them as well these theeves as christ ; sith nothing doth appeare from the bare picture , this great doubt to cleare ? you must then know the painters thoughts ere ye them for christs pictures can once take to be . which nought can make them , but your fantasie , and theirs that made them , but by guesse onely . but grant them true , what fruites , good can accrue to men by christs meere outward shape they view ? since all our comfort rests in this , that he mans f nature tooke , not that shape which we see ; his incarnation , not his countenance was that which did our natures , states advance ; which men alone , not pictures can expresse unto the life , they then are vaine , uselesse . christ was unlike to most , or all in face , his * visage saves none , but his nature , grace ; we must strive to be g like him inwardly in graces , but not paint him outwardly . gods word h forbids such images to make , or use at all : we must them then forsake . the holy noynting oyle which sanctifi'd the arke , priests , tabernacle , all beside which did thereto belong , with that perfume which god prescrib'd of old , none might presume on i paine of death to make the like ; sith they were holy ; and in type did christ display , who doth us k sanctifie , and quite consume the stinke of all our prayers , with his perfume . if then it were so grand a crime for men to make the like to these types of christ , then to make christs image , likenesse for a use civill , or sacred , is a great abuse . it s civill use , walls , windowes , roomes to grace , doth christ , prophane , abuse and much debase ; christ , is an l holy and most sacred thing , ordaind for holy uses ; the making then of him common , for a civill use is prophanation , and more grand abuse than to turne churches , lords bords , chalices to prophane uses ; damn'd by popes decrees for prophanation , grosse impiety . it s civill use you then must needs denie . t is sinne , prophanenesse , by all mens consents , for to translate the sacred elements of bread and wine ( which christs * death typifie and paint his body , blood-shed to our eye , ) unto a vulgar use ; then by the same reason it must deserve as great a blame , to make christs image for a civill end , since both alike to prophanation tend . it s sacred use , to worship , or adore , makes it a sinnefull m idoll ; and therefore be it for common , or for sacred use , to make christs image is a grosse abuse , nay sacriledge , falshood and blasphemy , sith it presents christs bare humanity unto mens eyes , thoughts , fancies , separate quite from his godhead and divine estate , which hypostatically is joyn'd to his humane nature , in such sort , that no man must behold , view his humanity but as n conjoyn'd still to his deity , which o no picture can possibly expresse vnto the eye , since voyd of all likenesse and visibility . christ as meere man unto us no christ , jesus , saviour can be , therefore 't is both falshood , blasphemie to picture christ as a dead man onely , hanging upon his crosse , quite severed from what made him a saviour , his godhead . what comfort , profit can it be to eye christ hanging on his crosse as man onely ? ah , none at all . thus you him alwayes view in crucifixes . therefore bid adieu unto them : and the rather because they mis-represent christ to you day by day ; not onely as meere man , but as hanging yet actually upon his crosse : a thing both false and dangerous , which doth quite p confound our faith , hope , joy , and cast them to the ground ; christs hanging on the crosse was transient , past in q few houres , which done he r rose and went vp into heav'n , where he now reignes onely , and lives free from his crosse s no more to dye . to paint him then still hanging on his crosse , or as a sucking infant , it most grosse abuse , controuling sacred history , and representing nothing but a lye . o than with n indignation cast away these idoll pictures , and aside them lay ; which at the best are o lies , and different from christs forme which the scriptures represent . the p papists paint christ very lovely , faire , and like a nazarite , with long compt haire , and somewhat fleshy ; when the text saith , he should q like a roote which springs in dry ground be ; and that he had no forme nor comelinesse of person in him , ( as they him expresse ) so that when men should see him , no beauty , him to desire , they should in him espie ; whence they should him reject , despise , despite , and hide their faces from his gastly sight . he was no nazarite , nor long haire wore ( as some yet dreame , and many heretofore : ) for he r dranke wine , oft s toucht , nay rais'd the dead which t nazarites might not , nor shav'd he his head when he came neare dead corps as nazarites were bound to doe , nor us'd ought of their rites , he was not , could not be v defil'd at all like x them ; no sinne in him was , nor could fall . into him . he no sinne-peace-burnt-offring , or such like for y himselfe had neede to bring , as z they : he was not then a naz●rite nor yet could be , as some men vainely write : it s true , he dwelt at nazareth ; whence he a a nazaret ( not rite ) is sayd to be , and oft stil'd jesus of b naz'reth , but not a nazarite by order , as these dote , who paint him with long baire , to men a c shame saith paul , yea nature , and so him defame . nay , where the d scripture saith , that his body was like a pot-sheard , so leane , withered , dry , that men might all his bones tell ; these mistake in that they in their images him make plumpe , fleshy , so that none can tell his bones ; his pictures than are meere lyes , and false ones , expressing not christs true shape , but onely the painters fancie , and grosse forgery : those than who these false images adore , worship the painters fancy , and no more , instead of christ himselfe ; which certainely is both false e worship and idolatry : it is no doubt a great sinne to misdraw , mispicture christ thus , f ' gainst his word and law , which popes have g taken from the laity whom these false h pictures must now edifie and teach in stead of them : in this deale they like men with children from whom they away take gold or silver , and then them content with babies , counters , their cryes to prevent . papists are children , or the children play , to set up pictures , cast gods word away . on , and against popish crucifixes , and adoring them with latria . vvhat , christ still hanging on the crosse ? not yet quite dead ? or doth he his pains so forget as to take pleasure thus to hang , not dye for sundry ages ? or are none there by to take him downe , if dead ; that he thus stayes . so long upon his crosse , both nights and dayes ? is he not yet interred , rais'd againe , ascended into heav'n there to remaine at gods right hand ? and so i our faith , hope , gone ; salvation lost , and our poore soules undone ? is not the i evening come him downe to take ? no sabbath nigh ? hath joseph yet not spake to pilate for to take him downe ? shall he thus on his gibbet alwayes hanging be ? not among jewes in jury , but in rome , his spouse , some say ; o where 's her love become ? hath peter now for ever and a day k renounc'd his master , and fled quite away ? i feare he hath , else christ had long ere this beene taken off the crosse by him , or his . but once tooke downe ; popes hang him up againe upon it , there not l few houres to remaine as at the first ; but from age unto age . this is small shew of love , no doubt 't is rage ; yea , greater malice farre than ought we finde in pilate , jewes , high-priests , who were so kind as not to suffer christ to hang m one day vpon his crosse , when first they did him slay . rome's turn'd jew , judas , high-priests , worse than all ; their malice joyn'd , of hers farre short doth fall : they nayl'd him onely to one crosse ; no more ; she to ten hundred thousands , past all score and number ; taking pleasure and delight to see christ ever hanging in her sight . they on a crosse of n wood hang'd christ alone , rome upon crosses of gold , silver , stone , tin , lead , brasse , copper , glasse , wood , tapestrie , waxe , bricke , past , leather , paper , christ hang , tye ; and least she should not him sufficiently , on all these crosses , kill and crucifie ; she doth it in as many o masses more each day . o blessed jesus what great store of crosses , tortures , deaths doth rome provide to pierce thy hands , feete and thy blessed side ? and kill thee every day oft times afresh ; nay eate thy body , p teare and gnaw thy flesh ? is this thy vicars , spouses love to thee , thus worse than pilate , jewes , high-priests to be ? but this their malice makes notorious , that they deeme all this q meritorious ; no doubt it is so if they glosse it well ; it doth deserve the deepest place in hell. but why doe they thus fixe thee to the crosse ? because romes pope else should sustain● great losse ; he could not else possesse thy throne , and reigne , not as thy vicar but thy soveraigne ; thy lawes else must be kept , thy word obey'd , thy will by him fulfill'd , and not gaine-sayd : all which popes doe against , beside thy word should then be voyd , and by all men abhor'd ; they must be peter then in truth , not name , else thou wouldst thrust them from his chaire with shame . good reason have they then to nayle and tye christ to these crosses for eternity . in this they shew their peerelesse faith , and love , to bind christ fast that he should never move from off these crosses , to oppose their-will , they doe so love his precepts to fulfill . if this be love , i may then truely say , the jewes in love did crucifie and slay christ at the first ; were popes but loved so , they would all crucifixes damne , forgoe , and never more the crosse , nayles , speare adore for saints , which kil'd christ , and his body tore : but whilst they thus adore these , they imply that to kill christ , deserves a deity : the souldiers than and jewes who crucifi'd him more than these , must now be deifide , and worshipt with r latrie ; like nayles , speare , crosse , by which hell , devills , shall receive great losse ; since none to hell can damned be , if they demerrit heav'n , and latry , who christ slay . on , and against , popish pictures of the virgin mary as a queene , sitting on a throne with a triple crowne on her head , and holding christ , painted like a sucking infant , in her armes ; and on the reliques of her milke , which they keepe and shew . fie , mary , fie ; what give sucke to a baby ? it is not decent , fit for queene , nor lady : with them it 's out of fashion ; thou wilt shame thy selfe with these , they will thee taxe and blame : wer 't thou no lady , queene , as heretofore , thou migh'st doe this ; but now not doe it more since queene and lady too : thy childe growes great or old enough to be wean'd from the teat . he hath suckt sixeteene hundred yeares and more , thirty mens ages , shall he ne're give o're ? shall he be still a suckling , or a foole to sucke so long ? t is time he were at schoole . others give sucke but for one yeare , or two ; thou , sixteene hundred yeares , what doest thou doe thus to turmoyle thy selfe ? and all in vaine , he doth a little infant yet remaine , where some not halfe so old as he , have knowne ten generations unto old men growne . sure thy milke , i doubt , is very bad , thy babe ere this might else have beene a lad ; out of his coates , at least ; no age hath knowne one sucke so long , and yet so little growne . no doubt , if noted , t is a miracle whose strangenesse doth all wonders else excell . but ( blessed virgin ) can thy milke be ill , sith nought but s goodnesse all thy members fill ? this cannot be the reason , milke is scant more likely , with thee ; and thy babe doth want milke , that hee thrives not ; and hee 'le sucke no other nurse thou wouldst put him to , but thee his mother . yet , since i finde , thou hast much milke to spare , as hogges-heads of its reliques now declare t kept fresh and sweete , by sundry priests and fryers ( and t is thine own true milke , else they are lyers ; ) the want of milke is not the cause why he growes not , there must some other reason be : how these thy milke have got it is not knowne , belike they stole it , and thy babe's not growne , because these cheates each day commit high-treason in stealing of his milke : loe here 's the reason : no milke they shew , but i'ts fresh , sweete , not sowre ; no doubt they steale thy milke from thee each houre else it would wast , * grow stale , soure , putrifie as other milke ; such theeves deserve to dye at least , for stealing thy babes milke so long , else he ere this had growne more great and strong ; why rome hath so much virgins milke to shew , and christ is yet a babe in part you know . but can such theft be without her consent ? no sure ; i feare his mother is content to keepe him still an infant , that she may the better rule , and make him her obey : were he but growne once unto mans estate , her regency would be quite out of date : men would no longer to her pray , and say , v command thy sonne , make him thee to obey , now shew thy selfe a mother , would no more be heard , few would her ayde , or grace implore , but his alone , whom papists now passe by because a babe , and worship , honour , eye his mother more than him ; when as the wise men from the east , the x babe did onely prise ; they ran in pilgrimage to him ; they fall downe and odore him , not her ; present all their gifts to him alone , but ne're once bent their knees her to salute in complement , much lesse her to adore , for ought we read : rome will not here the wisemens footesteps tread . nor suffer christ to mans estate to grow , sith this her church , monkes , faith would overthrow . romes ladies prayers , her primers , offices , houres , masse-bookes , psalters , and such blasphemies , must be casheer'd then , and her new faith too ; most monkes , nunnes , fryers it would quite undo ; to hinder christ from doing all this ill he must be kept a little sucking still . meane time his mother rules al , weares the crown , and he ( poove infant ) is depos'd , kept down ; least this should be forgot , or men it doubt rome though it fit to paint , print , set it out , in all her churches , psalters , bookes we find● by statues , pictures , all of this to minde ; where mary sits as lady , yea , as * queene of heav'n upon a royall throne , betweene two angels , wearing a great triple crowne , vpon her head , to adde to her renowne ; with christ a little babe , held in her armes or lap , which she so over-rules and charmes with threates , or flatt'ries , that he there still lyes . for sundry ages , and yet never cryes , though thus abus'd , kept from his crowne and right so long ; perchance his mother doth affright him with the rod , and should he but once cry for justice , she would whip him instantly . but mary thou art full of innocence , not guilty of these crimes ; it s romes offence thus to abuse thee , and thy sonne , and make him still a babe ; thou from him thus to take his rule , crowne , kingdome : o sweete jesus thou art very patient , and to anger slow ; else thou couldst never suffer rome so long , thee and thy blessed mother thus to wong with these blasphemous pictures , images , false reliques , legends , and idolatries : no doubt thou wilt avenge these in due time ; meane while let me her censure , in this rime . it s not thy person , nor thy mothers , i here lash , taxe , censure , but romes blasphemie ; i onely jeare , discover to her eyes her damned follies , and idolatries in these her pictures , reliques , that she may discerne , renounce , and cast them cleane away . lord cleare her eyes by this , that she may see her cursed follies , and them henceforth flee . beholding thee , not as a small suckling , but as her onely crowned lord and king : not as thou once waste , but as thou art now ; then all their knees to thee alone shall bow , not unto mary , who is grieved sore , to see rome thee neglect , and her adore . on , and against papists painting the virgin mary , and other saints in new fashions , with frizled , poudred haire , and rich dresses . vvhat ? lady mary frizled , spotted , painted ? i feare the blessed virgin is un-sainted ; or hath quite lost her old virginity , she now appeeres so wanton to the eye ; so rich , and stately , in such dresses she never here used , and abhorr'd to see . i feare some ladies who curle , powder , paint , to warrant these , have made her such a saint : stript her of all her modest , course aray , put her in fashion , made her rich , compt , gay , curled and spotted ; yea , as wanton , vaine as those lew'd females who in stewes remaine . she was a modest virgin heretofore , now she may be a lady , or a whore. fie ladies , fie ! you may your selves defame and antique thus , but not this blessed dame , who spits at all such dresses , and defies her selfe and you , whiles clad in such disguise . no wonder if lewd rome the whore now play ; shee makes the virgin one by such aray , to grace her trade , and keepe her company : how dare her nunnes then save their chastitie ? alas y they doe it not ; but seemingly ; they were romes bastards else , not progeny . i 'le never thinke romes church chaste any more , who paints the blessed virgin like a whore ; nor wonder why the female sexe curles , paints , they learne to doe it from the roman saints . these are now lawfull by canonisation ; not ill , but holy by romes consecration ; no doubt most madams will now curle , spot , paint , since to doe these things is to be a saint , at least in shew ; and that may well suffice ; no matter for the heart , these please the eyes . if by nought else , by this at least we know romes saints are voyd of substance , nought but shew ; nay , romes great vaunting church to be a whore , since farre more painted , gaudie than before , more stor'd with baudes and panders to intice men to her lusts , and to uphold her vice . setting her saints out to mens publike viewes in such attyre as suites best with her stewes . joyne but her z publike stewes to this her paint ; she 's than a true whore , but a varnisht saint . on saint dominicks vision of fryers of his order hid in heaven under the virgin maries peticote ; and on the reliques of her garments which papists keepe and shew in sundry places . saint a antonine of dominicke doth write , that he to heav'n was rapt up in his sprite , where he monkes of all orders did espie , but of his owne , not one could there descry : whereat amaz'd , the lord christ bids him be of good cheere , for of his owne companie . there were great troopes in heaven bid , ( where i wot ? ) vnder the virgin maries peticoate ; whom he there shew'd him ; none being so nigh or deare to her as his fraternitie : this storie 's canoniz'd , we must give faith to what this saint saw , and another saith . belike this chast pure virgin , who b here fled mans carnall knowledge , and the marriage bed , mounted to heaven , and in state of joy is growne more wanton , common , not so coy as here she was ; or hath forgot , cast by her virgins state , and pristine chastity , since swarmes of leacherous fryers thus reside under her coates , too neare her skin , thighes , side . t' was well this order had no being when she was on earth ; sh 'ad scarce beene virgin then . these jacobines who now so neere her lye , i doubt had rob'd her , of her chastity . but is the virgin in her robes there clad ? this news perchance may make some monks look sad . the c relikes of her garments they shew here will prove all false , hath she her wardrobe there ; unlesse they say , she left her cloathes behind : how doe they then her coates in heav'n thus find ? perhaps she hath new suites made there , her old she them be queath'd to be kept , shew'd , bought , sold . if so , then taylors shall be sav'd , and skip to heav'n , to make coates for her lady-ship : have they no merits , faith , grace , yet their trade will save them ; else her cloathes could not be made . and to make robes for her deserves doubtlesse a place in heav'n , she cannot give them lesse . but how came fryers by those cloathes which she here wore on earth ? or how can they or we for certaine know them to be hers ? since they so rich , fresh , gawdy , not like her aray , ( not heard off in the world nine hundred yeares or more from her decease , ) may breede just feares they are * not hers ? nor can they shew us by what trusty hands they were kept anciently , and thence transmitted to them , for to make blind sots adore them for the virgins sake . besides , her cloathes were old when first off cast ; full sixteene hundred yeares since that are past , they then were rotted , perisht long agone , and so the fresh , rich ragges , they shew are none of hers , no doubt ; unlesse they chance to say new shreds of reliques drop from heav'n each day from her into their wardrobes ; whence their d store of reliques now is more than heretofore ; sagreat , that they ten thousand times or more ex●eede all garments which on earth shewore : their store of new , sine , gaudy reliques now must needes then fall from heav'n to them below : she 's now a queene , a lady , hath each day or weeke at least , rich suites of new aray , which once put on , the old droppe to them here , because none will adore such reliques there , as * some doe here , and trot from place to place in pilgrimage them to see , kisse , embrace . againe , her robes are now of e larger size , sith under them an host of fryers lies : i wondred much how papists got such store of maryes ragges , but i wonder more , they have so few , since her coate is so wide and long , that it whole tooopes of monkes can hide . o mary ! now thou hast a monstrous traine , me thinkes its weight , length , breadth , should thee lade , paine , and sinke to earth , unlesse supported by those strong fat monkes who under it hid lye . on , and against papists reserving the host and carryning it in procession . vvhy doth rome keepe christs body * prisoner still within her pixes , quite against his will ? nought of the paschall lambe ( which f typified christ and his supper ) might g remaine , abide vntill the morning , if ought did they then must burne it in the fire forthwith : yea when christ did his supper institute , he sayd , h take eate forthwith , and nothing then up laid , reserv'd within a pix : christs guesse must eate not keepe nor closet up their sacred meate . the i paschall lambs flesh none were to carry abroade out of the house ; to typifie , that none must carry christs body abrode out of the church , the place of its abode . yet rome in her k processions carries it abroad about the streetes , and deemes it fit . christ rode but once , and then upon an l asse ; but now he doth oft in state , triumph passe on great mens shoulders in procession , as if he could not stand , walke , goe alone : by which they turne christs supper to m a play ; when they processions goe , they ever stray . besides , rome doth her hosts still n elevate and them adore ; these customes are but late . christ , the apostles , neither us'd nor taught them ; doubtlesse , than they are not good , but naught . rome may ill boast of her antiquity , her pactise in all this is novelty . but here o rome pleads , that aaron did reserve a p pot of manna , and the same preserve . within the arke , by gods command : therefore she may and doth her hosts reserve in store , thus in her pixes : but this will not serve her turne , for he the manna did reserve by gods q expresse command : but she hath no command from god her hosts to pix up so , but onely them r to eate without delay , as s manna eaten was the selfe-same day : by gods procept , and might not be kept till the morrow , as her sacred hosts are still . besides , this manna was not kept to eate , as are her hosts : nor did they oft repeate , renew the same ; when rome her hosts ea●h day or weeke doth change ; nor did manna decay , or putrifie , as t romes hosts oft times doe , wanting christs warrant to reserve them so ; nor was it kept , but for a v memory , to shew unto the jewes posterity in future ages , when all manna ceast , with what bread god did their fore-fathers feast in wildernesse , when he from egypt land them brought , and rescude with a potent hand : so is the text expresse : now hosts remaine and shall not cease till christ shall x come againe . you then no ground from manna have to store , reserve your hosts in pixes any more , but rather not to doe it ; since none might y reserve their manna till the next dayes light : and manna was a z type of sacred bread , of christ , wherewith our soules are nourished . nor is the arkes removing , any ground whereon rome can her hosts processions found , for that remov'd not but by gods a command whilst israel journeyed towards cana's land ; wherein when they were seated , it did b rest still in one place , which by it was much blest . nor did the arke once in procession ride about the streetes , as your hosts doe : beside when it remov'd none did fall downe before and worship it , as you your hosts adore in your processions , on set dayes kept still : whereas the arke c remov'd still at gods will : but you have no command your hosts to beare thus in procession , and you seated are in peace within your countries ; therefore you to these processions must quite bid adue till god command them , and you journey to the land of canaan , as the jewes did tho . on popish tapers . tapers at noone day burning ? why ? to light a blind religion to which day seemes night . papists thinke all else blinde : how blind are they who thus need burning torches at noone-day ? but t is to d shew , that christ is this worlds light : doth not the shining sunne shew this more bright than any tapers ? which gives e light to all the world alone , and is the radicall fountaine of all light ; whereas tapers give light but to few , who cannot well perceive their light at noone-day : none then neede such light but romish owles who hate the sunne , love night ; and are so senselesse , that they cannot see feele , taste , their sacred host still bread to be . f lactamius deem'd this madnesse heretofore in pagans ; then in papists 'tis much more . on s. michaels buckler and poynard , kept for a relique in the chapple of s. michaels mount in normandy . in g michaels chappell in s. michaels mount is kept a relique of no small account , arch-angel michaels double buckler , made of fine red velvet , which doth never fade ; and his steele poynard , with which armes he fought against the h dragon , when he cast him out of heaven , with all his angels : certainely these famous reliques are a forgery , since angels i spirits ) in a spirituall warre , as this was , could use no corporall armes , instruments of warre ; nor doe i finde by scripture , they had weapons of this kinde : i doubt these armes were forg'd by romes clergie , who use such k armes , and lay devotion by in all their warres , since michael as they say clad with these armes , not prayers got the day of the red dragon , satan , and his host ; who else perchance the day and field had lost . how spirits can repel'd , or conquered be with swords and bucklers , i cannot yet see . those who this dragon will repulse or slay must use no armes , but onely l fast and pray , and neede no other buckler , shield , or sword , but prayer , faith , and gods most sacred word saint michaels buckler , poinyard , and such armes cannot defend men from the devils charmes . on the reliques of iosephs han , and the asses tayle . in france , at m courchiverni neere to blois within a bottle they keepe , shew the noyse , or h●n which joseph , ( christs reputed father ) vs'd when he cleft wood , or when squar'd it rather . a famous relique : 't was , a skilfull man who could both catch and bottle up his han in such good pickle , that it keepes fresh still for sixeteene hundred yeares and more : what ill fortune had josephs body to decay , when as his breath and han last to this day , and are preserved with such speciall care , when as his body , bones , flesh perisht are . his han at first was not seene , onely heard ; now onely seene , not heard ; t is false , or mar'd : the n asses tayle whereon christ rod , which they have yet to shew , to this han joyne they may , nay weare the asses tayle , eares , skin and head , since they such lyes for truths have credited ; which fooles and children would deride and jeare : they are more sottish than the asse , i feare . on the popish sacrifice of the masse . vvhat , masse no sacrifice ? this mine heart cooles yet courage ; t is the o sacrifice of fooles . why so ? they thinke priests offer christ againe , yet doe not , cannot do 't : the p text is plaine . they say , q it is for use , worth , better , more than that which christ made on the crosse before . as if that pictures were more excellent than any persons which they represent . it strangles , murders , christ a fresh each day ; and yet it is unbloody , as they say : yea meritorious ; then the high-priests , jewes for killing christ , heav'n merit , its strange newes . it doth availe ( they hold ) both quicke and dead : true ; priests who live , by it are nourished ; yea much inricht , and buried sumptuously when dead ; thus quicke and dead priests gaine thereby ; when as lay-men by it are oft undone ; the deade mans masse , quite breakes his living sonne . on romes seven sacraments . two sacraments ? no more ? too few by five , had popes no more to sell they could not thrive : r seven's a compleate number ; they may sell one sacrament each day , and so gaine well ; it s fit each day should have its sacrament to vent , else popes would hardly be content , now they may market keepe all weeke , yeare ; this popes well remembring , thought it not amisse to adde five sacraments to christs owne two , the sale of which if lost , would them undoe . on romes seven deadly sinnes . but s seven deadly sinnes rome ? if thou sell all sinnes but these , thou mayst thrive pretty well : but thou to raise thy holy fathers rents mak'st veniall all thy seven sacraments : the sale of each which is a mortall sinne : thou must thy tale of deadly sinnes begin to double , since they seven sacraments thus sold , prove deadly sinnes in their events but are these deadly , sith thou selst them all ? not so : at rome all sinnes are veniall . on romes latine prayers . rome will have none but t latine prayers to god ; t were just to whip her with the selfe same rod ; give her but latin , henceforth , and no coyne , she will to latin any language joyne : nay damne the tongue , and to gaine gold good store , sweare she will ne're receive the latine more . on popish miracles . miracles still ? after so many done ? is such a wonder as the world might stonne . doth romes faith stagger ? is she yet in doubt that she for v miracles thus still cryes out ? either the old were false , x the faith untrue they did confirme , else ther 's no neede of new . the old faith 's lost in rome , she hath a new one , she needes new wonders , it to make a true one : y such she hath store of too , and yet she cryes for more : i doubt she knowes they are but lyes , and false impostures , else she would not call for fresh , her new false faith to keepe from fall . hold then thy peace rome , else i must thee tell thy faith is false , and thou an infidell ; on popish whippings and satisfactions . if whipping might sinnes purge and satisfie ; each bridewell should then be a purgatory ; and rogues there dayly whipt , should merit more than all the members of the roman whore ; who now to satisfie and merrit well should still be kept , whipt , tortur'd in bridewell . on papists abstaining from flesh on fasting dayes . papists in z lent , on fasting dayes will eate no roast , boyld , backt flesh : its unlawfull meat , yea , mortall sin to taste it , yet they will on all these dayes of raw flesh take their fill rome against drest flesh , on these dayes hath law ; she might doe well to make some acts ' gainst raw : gainst flesh in chambers , not in halls onely ; for her their fasts , prove feasts of venery . how ever it s no a fast no flesh to eate , and yet to feast on fish or better meate ; as papists doe , who on their fast dayes feede on choycest fish , and in their cates exceede . which doe their flesh more pamper , more inflame their lusts , than flesh , which they for this cause blame . on papists making marriage a sacrament , and forbidding priests to marry , yet permitting them to keepe whores . rome b marriage makes one of her sacraments , yet that her priests should marry disassents : they are too holy , wives to have ; yet they keepe c whores good store ; rome will not say them nay , but force them to it by an annuall rent : she should make whoredome then a sacrament not marriage , since to her sacred clergie she doth the last , not first , as ill , deny : it is no sacrament , but thing unclean ▪ which doth d unpriest , unhallow sacred men : this marriage doth , not whoredome now in rome , nought is her sacrament then but whoredome . on romes extreame unction , and its being a sacrament . apostles e noynted sicke men to restore them to their health againe , onely , wherefore doth rome then noint them soly at the last , to dye , when all hopes of health , life are past ? well may she this her unction terme , extreame ; t is extreame madnesse , folly or a dreame : she saith a f sacrament too ; this i doubt since ne're done in the church , but alwayes out . it is a chamber , not church sacrament ; in this it doth from all the rest dissent . on papists implicit faith , and images . papists have no faith : for they * all beleeve as doth their church ; they hang all on her sleeve ; their saith is in their church , not g them ; they then are infidels , at least wise faithlesse men : there is no h true faith in their church now left , they then of all faith must needs be bereft : we may then call each papist infidell , who hath no faith , or what he cannot tell . no wonder than if papists so delight in images , they onely walke by sight , not i faith ; and so must have before their eye the * pictures of christ and the deity ; which cannot stand with faith , the k evidence of things not seene , not subject unto sense . on popish blind obedience . papists must l ne're once doubt what priests have told : why tell they then priests money , weigh their gold ? belike their doctrine's currant , not their scale : their cayne not doctrine , needes both weights and tale. if they may erre , cheate , prove false in their coyne ; why may they not then in faith erre , purloine ? [ which they than money lesse mind , and esteeme ; ] it s safe to try their faith by weight and beame . the m noble wise bereans heretofore by scripture try'd pauls doctrine , you much more then ought to n prove your priests by scriptures test , since they are sinnefull , erring men at best . on popish pilgrimages , offerings , kneelings prayers to the images of the virgin mary ; and their worshipping of her and them . vvhat , * pilgrimages still ? crosse too and fro ? they erre no doubt , who thus a wandring goe ; their way , light , guide are lost , yea faith , i doubt ; perhaps they straggle thus to finde them out . the o wise men which came to jerusalem out of the east , when christ at bethlehem was newly borne , led by a wondrous starre , tooke all this paines and pilgrimage so farre to worship christ alone ; whom when they found , saw with his mother mary , to the ground they p fall and worship him , not her ; present their gifts , gold , incense , myrrhe , with joynt consent to him alone , though then a babe ; but to his mother they no gifts give ; nor yet doe her any worship that we reade off : why doe foolish papists then quite contrary to these wise men , q trotting in pilgrimages from place to place ? to sundry images ( not persons ) of the virgin ; and before them fall downe on their knees and r them adore , present with gifts , pray , supplicate for grace ; whilst christ in all this worship hath no place , or very little ; no nor yet his mother , whose images ador'd are , and not her . but they them for her s sake alone adore , and honour thus : what then ? these heretofore did not her person worship , when they came into her presence , nor fall to the same , but worshipt christ alone ; why then give you more to her picture than was ever due , or done unto her person anciently ? no doubt it is most grosse idolatry , point blanke against gods law : which doth defend men t to ; before an image once to bend bow , fall , or worship ; though the imagry be of no creature , but the deity . if then none must gods , christs statues adore , nor make ; much lesse may they bow , kneele before the virgins ; or as pilgrims to them goe to offer gifts ; the wisemen did not so ; and those who these wise mens steps will not trace , no doubt are errant fooles , sots , voyd of grace ; we finde a v leaper , jairus , one borne blinde , a man possest , two of the female kinde , both maries , the disciples , worshipping christ , and to him falling , kneeling , praying ; but reade not in the whole new testament of any that in pilgrimage once went unto the * virgins person , or that pray'd , or made suite to her for grace , helpe , or ayde , or once ador'd , or worshipt her : what ground , what shew have papists then whereon to found their worship of , their offerings , pilgrimages and prayers too , before her images ; their ladies-masses , psalters , houres ? truely none that i know , but their priests knavery ; who to enrich themselves make fooles by flockes to run , pray , offer , to their ladies stockes : substract these offerings , then your priests will say you neede not to her statues runne , kneele , pray , as now you doe without all warrant , ground ; take heede lest god your soules for this confound . on romes worshipping the crosse , nayles and what ever touched christs body , with latria or divine worship . rome holds for truth , that what x toucht christs body must be adored with divine latry . hence , she adores the crosse , nayles , speare with it and makes them saints ( at least the * speare ) t is fit they should adde judas to this number , who hath y kist his lippes , betray'd and kild him too , and toucht him oftner , hurt him more than crosse or nayles ; his saint-ship must not suffer losse ; rome must adore him too ; with all the traine that z led christ to the crosse when he was slaine ; each thorne that crown'd him , all his vestments ; yea , the a asse he rode on , earth he trod on , sea he b walkt on , c shippes wherein he sate , or sail'd , all those his very d touch to cure prevail'd . if these be not enough , rome , to adore , i will yet shew thee something else in store , thou must adore his very excrement ; t was in him , from him , hath a pleasant sent : all other reliques , hadst thou store of these , would lose their honour , worship , dignities , there is one yet left , thou dost most adore , the devill , will you know the cause wherefore ? he e toucht christs body too oft times , when be first tempted him , as we in scripture see , proffring him all earths kingdomes , glory , store if he would fall downe , and but him adore ; christ then resus'd his bribe , and worship too his vicar takes it , will the homage doe not for the bribe ; no , he doth f him adore because he toucht christs body heretofore ; and that not with dulia , but latrie ; yet rome is guiltlesse of idolatrie . on romes prayers to dead saints , and for the dead . all men beleeve f god heares them when they cry : where saints doe so , g most doubt ; some quite deny . it s madnesse then to leave a certaine way and chuse a doubtfull , when we goe to pray : saints cannot ●eare , h unlesse god first reveale : why doe they then from him to them appeale ? this done ; they must rebound prayers back againe , why doe they trouble god and saints in vaine ? in fine ; not they , but god alone must grant : why run they then to saints for what they want ? fly then to god alone who heares , grants all : it s i bootelesse , senselesse , on dead saints to call . rome prayes to , and for dead men ; well she may ; her prayers dead are , fit for none else but they . th' one heares them not ; th' other no good thereby reape ; they that make them lesse ; such prayers then fly . prayers to , and for dead men , well agree ; they both dead , faithlesse , bootelesse , sinfull be . on romes divine adoration of her painted crosses . rome thy crosse-worship now is at a losse , not one of all thy reliques of christs crosse , or peeces of his vestments did once k touch his body ; for his garments were no such . but grant these did , yet sure not one of thy carv'd , painted crosses had this dignity , unlesse thou say his bodie 's nail'd to all those crosses before which thou now dost fall : thou must then make as many christs or more , as thou hast crosses , or not one adore . on the papists supposed looking-glasse of the trinity , for their saints to see prayers in . strange newes ! romes god is now a l looking-glasse ( a brittle god ) to which her prayers passe that saints may there behold them ; she doth feare her saints are deafe , and cannot prayers heare ; nor see at all unlesse god turne a glasse , god is no god ; saints deafe , or rome an asse : glasses dense bodies are , not spirits , frayle ; god is no god , but glasse , if rome prevaile . she hath no glasse , if god ; if glasse , no god : thy glasse i doubt is now become thy rod. no glasse , no prayer to saints , their sight is gone ; a glasse , no god , but thy deafe saints alone . prayers , were onely m heard , not seene of old , now seene , not heard by saints , as we are told , saints can doe more than god ; n he doth but heare , they see romes prayers , they sure have lost their eare , or else their eares are all turn'd into eye , that they no prayers now heare , but all espie . nothing is seene but what is coloured , corporall , painted , guilt or varnished : romes orisons are such of late , therefore her saints must onely see , not heare them more : but if they barely see them , and not beare , they will not grant , nor answere them i feare ; sith god , men never answere nor reply but when they heare , as well as see men cry ; yet say they did , i doubt romes painted prayre which must be seene , will vanish in the ayre , before it can ascended above the skie into this new glasse of the trinity : see then they frenzie , pray no more to saints , they cannot heare , grant , nor yet see thy plaints : sounds are the proper objects of the eare , you cannot see , smell , taste , feele them , but heare them onely ; you may colours heare , as well as see mens prayers ; it is impossible as all men know well by experience for eyes to see the objects of eares sense . romes looking-glasse then is a meere fancie , and saints sight of prayers in it , a grosse lye. on prayers in an unknowne tongue . pray in o a tongue unknowne , to god ? to saints ? neither , i doubt , will heare or know your plaints . it s fit that those who know not what they pray'd , should not be understood , or else gaine-sayd . on romes idoll and idle worship . rome thou hast in thee idoll and latrie , conjoyne them , then , thou hast idolatrie : deny me idols ; idle , and latrie thou must yeeld ; joyne them , here 's idel-latrie : idoll , or idle worship , chuse thee whether , if neither like thee , take them both together . on transubstantiation . pardon great rome , i hope it is no treason , to call thy transpanation voyd of reason : its non-sense to the eye , hand , mouth which finde the substance of the bread still left behinde : it is non-reason , yea , * non-scripture then , because non-sense to all the sense in men ; sith nought is reason , but what first is sense , it s voyd of reason than , because non-sense . if ought be lost in transubstantiation , it is romes senses onely ; and her reason : she cannot finde what all else feele , taste , see , and findes that there which is not cannot be . if sense may erre , then ( sweet rome ) tell me why thy vicars , priests , all else by sense doe ●●y ? they know the bread , wine , which before them are then to be hallowed , such , and so declare for p certaine by their sense ; yet presently when sacred , ' gainst sense they it bread deny . if sense were certaine , at the first , to know them bread and wine ; how doth it senselesse grow within a moment ? sure thy sense is fled , else thou must judge them stil but wine and bread : thy meate thou tryest by sense ; thy silver , gold by sense are alwayes felt , weigh'd , try'd and told . thou ever sel'st , but never takes backe lead for gold : thy sense here erres not , nor is dead . if then rome tries all else so sure by sense , she must , her host judge nought but bread from hence , since christ himselfe hath made the q sense onely the proper judge of his humanity , birth , miracles , death , resurrection , the truth whereof are prov'd by sense alone . on popish transubstantiation and annihilation . this r is my body , words of s consecration ; how can they change , or worke annihilation ? it is a t curse , not blessing , to destroy that bread which christ would have us to enjoy ; which if quite vanisht in the consecration , these words must cause , or need breads re-creation . or else be idle : for if bread begone nought can be sacred , but the words alone . rome saith , the v species are : i doubt the shade cannot be hallowed , if the substances fade ; else by this doctrine , a meere hypocrite for shew were sacred though his heart 's not right ; and priests who lose their substance by sacration , must by their shadowes worke out their salvation . yea , all romes * churches , bells , saints , shades must be when hallowed they from substance were made free . if consecration make the substance fade , romes , popes , priests , churches , altars , saints are shade , for they are hallowed too , as well as bread , their substance then as well as its is fled . o rome , recant this errour , thou hast made ; else all thou hast is nothing but a shade . in all romes hallowings of priests , churches , dayes , and other things their substances alwayes remaine without change or destruction : why then must breads , wines substances alone in hallowing be destroy'd or changed ? ye can give no reason why . in fine , tell me , what priests doe hallow ? if you say wine , bread : they then remaine such , though thus hallowed : if you say ought else , t is an error , lye , since you confesse , you y hallow them onely ; now what you hallow , that you take , eat , drink , its bread , wine , then ; not true christ , as you think on transubstantiation and the popes vicarship . is not the pope christs vicar here ? yes : why ? christs z absence upon earth still to supply : is not christ present in the sacrament , in reall manner ? we have romes consent . thy pope his vicar then cannot here be , sith christ's here present by romes owne decree . not in one place or country , as of old ; but in so many as cannot be told . if his meere presence in one place ; whilst here , banisht all vicars ; thou hast cause to feare his omni-presence in each church , pix , host , will quite exclud popes from the wide earths cost , to be his vicar no where but in hell ; sith he in heav'n and earth doth alwayes d well . pope chuse thy fate , to be his vicar there , or else deny his reall presence here ; else canst thou be no vicar generall on earth for him , no vicar , pope at all . but if to save thy place , thou wilt deale faire , confesse thou erdst ; then z popes may erre in chaire : and if in this , why not in more ? in all ? turne where thou wilt , pope ; here thou hast a fall . on the reall presence , pix and crucifixe . is reall presence true ? christ in the pix ? what neede his pictures than , or crucifix ? pictures are uselesse when the person 's by , either your pictures or your pixes lye : both cannot stand together , one must part : you lye but are unskilfull in the art. lyes must keepe quarter ; if they chance to jarre , or meete too neere , they will the tale quite marre . ye must disclaime christs presence in the pix , or else breake downe your lying crucifix . you were unwise to place these two so nigh , that now they fight , and give each o're the lye. on transubstantiation and popes leaders bulls . those who can each day change lead into gold , bread to christs body chang'd , may safely hold . the first , wants scripture , but hath reason store ; the last , a * shew of scripture and no more . gaine proves the first , i thinke the latter too , should both prove fals , it would popes quite undo . meane while they take the last by scriptures shew ; the first by sense , not text they will still know . on popish priests taking away the cup from the people . i wonder not that a priests alone ingrosse the sacred cup ; they love the pot to tosse . should lay-men drinke , vines would not them suffice with wine , at least , the price thereof would rise . by this device they have ingrossed all the wine to them , and made the price to fall . men wondred much before , why priests were drown'd so oft in drinke ; the reason now is found . on popish concomitancy and the sacred cup. b priests say , that laickes christs cup and blood drinke in eating of dry bread , and so they thinke . could they perswade them thus to drink at table , drunkennesse then would soone become a fable with them ; and none but joviall priests be found in wine or other liquors henceforth drown'd : and so they onely of right should possesse , both pot , cup , barrell , wine , and drunkennesse . but since they cannot make fooles , children think ( much lesse men , drunkards ) that they wine , beare drink in eating of bread , or meate at their table , they should disclaime this whimsie , as a fable . on popish concomitancy and halfe communion . the c priests say laymen when they the bread eate , doe therein drinke christs blood ; bread's drinke and meate . if laickes , then priest likewise : pray then , why doe priests not to themselves the cup deny ? belike they neede the wine their hearts to cheare , and wash their throats to chaunt their massemore cleare : if so ; they say , that they in * drinking take and eate christs body ; let them then part stake . priests drinke the wine , laickes eate all the bread , else priests will twice , laickes but once be fed . on praying to , and representing of god and saints by pictures . vvhat ? goe by pictures both to god and saint ? you deeme both shaddowes then , or else but paint . if god or saints be like to what you see , they then no substance but meere shaddowes be . and dare rome shaddowes for her gods adore ? she 's then more sot than pagans heretofore . are they not like , nor what their picture●●re , then are thy pictures d lyes , ( rome ) and popes erre more than the painte● for he onely paints these lyes and errours , but they make them saints , by consecrating them for sacred use ; for shame now see , detest this great abuse . on worshipping images . vvhat ? must we have no images nor stockes to worship ? * yes , you are not men , but blockes ; the e idols , makers , worshippers are one ; all , at the best but mettle , blockes or stone : your whole religion 's blockish , or a play ; you just like it ; your puppits this display . on popish confessers and pardons . if men f confesse to god , absolv'd they are ; what neede they then their sinnes to priests declare ? if to their priests , not god , they may them paine , but not absolve : confession then is vaine . if men repent , god g pardons instantly without a fee ; why will they pardons buy ? if they h repent not , popes cannot forgive ; their pardon 's voyde ; why will they money give ? on popish altars and masse priests . no altars now ? priests then are quite undone there were no masse-priests till altars begun ; take them away , masse , massing-priests must cease , and christs rent church shall live in greater peace : no sweeter sacrifice can men devise , than priests and altars both to sacrifice . on popish purgatory , and its fire . all papists hold a fiery i purgatory ; the wise , to gaine ; the fooles to spend their money : the first , to fill ; the last , to purge the purse : the ones great blessing ; but the others curse . if it hath any fire , t is fed with gold ; substract but it , this fire will soone grow cold . on popish judulgencies . vvhat neede men pray to god , angels or saints if popes can pardon sinners , grant their plaints ? * they that can loose from hell , and men heav'n grant , no doubt will give , if askt , all things they want . give did i say , if askt ? no , they sell all , else none to god , angells , or saints would call to give what popes can grant ; their sales to high , force most from them , to these to runne and cry . if popes would give , as free as sell ; they might in grosse all suites from these , be god's out right . on popish merits and prayers to saints . papists have k merits store , themselves to save and others too ; yet not enough to crave pardon , or almes from god , unlesse some l saints ( not christ ) put up their undeserving plaints : they who can finde no merit once to cry for almes , or pardon ; sure have none to buy heav'n for themselves , or others : they must now their prayers to saints , or merits disavow . on papists praying to christ to save them by thomas beckets blood , an arch-traytor and rebell . papists to christ * himselfe pray , them to save by beckets blood shed for him ; an arch-knave , and ingrate n traytor to his soveraigne : yet his blood 's saving , christs , but shed in vaine ; else they would pray to christ to save them by his owne , not beckets blood , yet t is onely to make them to ascend where thomas went : if to the gallowes , be their sole intent which he deserv'd , and some of them , it s well ; else they shall doubtlesse but ascend to hell as becket did ; a place almost too good for those who will be saved by his blood . it s signe rome traytors loves , else would not she by theirs , not christ's blood , pray thus sav'd to be . on romes freewill . rome saith , o she hath free-will to good , as well as unto ill : why doth she then excell in nought but ill , and no good thing pursue ? her practice proves this her doctrine untrue . either doe good , rome , if thou hast free-will ; else confesse thou art free to nought but ill. on popish priests shaven beards , and shorne nunnes . romes priests their p beards shave , least christs blood should stay thereon : t were better quite to take away the cup from them , which they from laymen , take for feare their beards should of christs blood partake . let them his blood drinke onely in the bread , no drop thereof can on their beards be shed . they q shave their crownes like r pagan priests of old , that so their heads may some proportion hold with spheares above , and earth below , both round bald , hairelesse , yet is neither shaven crown'd : when spheares and earth shave their crounes , then priests may shave theirs ; till then , let them their shaving stay . rome s shaves her nunnes crounes , heads too , though s. paul a shaven crowne , a womans t shame doth call , whose long haire is her * glory , covering , by gods and natures dictate ; yea a thing which for them thus to shave and sheare away is shamefull , sinfull , both to disobey . whence some who us'd it , dam'd , accursed were by two old v councils , others to deterre . this shaving of their nunnes did thus begin ; some germans wives convicted of the sinne of whoredome and adultery , were by the ancient custome of old * germany shav'd by their husbands , to their infamy , and then shut prisoners in a nunnery ; some empresses , and ladies of great name thus us'd , for to abate and cloake this shame of shaving , turning nunnes and abbesses , brought in nunnes shaving with them by degrees . so long till none at last nunnes made be might till they were * shaven first in open sight . no wonder then if nunnes prove y whores , they beare this badge of whores , and by it hallowed are . did they respect their fame or chastity , shorne crounes , the badge of whores , they would defie , and rather follow gods , pauls , natures lores than this invention of notorious whores : the patterne doth the practise so disgrace , that honesty forbids it to take place in any females , in nunnes specially , who vow , professe nought else but chastity . on popes bulls and doubting of salvation . popes heav'n to men by such firme z bulls intaile , that none must doubt but that they will availe , and yet they deeme salvations certaintie a a grand presumption , if not heresie . see how they damne themselves ; if to beleeve be such a crime , what is it then to give assurance of salvation ? give ? i lye , alas they sell it , and this b symony makes voyd their sales ; they then to doubt have cause , since these sales voyd are by all kinde of lawes ; rome now must hold , and give heavens certainety hence forth ; else none but fooles her bulls will buy . on popish saints and patrons for particular countries , professions , diseases , and kindes of cattle , and their maladies . papists have severall saints for each c country , profession , sickenesse , and infirmity in man or beasts ; to whom for helpe they call , god is no god , but these who gard , helpe all ; to whose bands , guidance , care , and custody , they still commit their whole soule , sprite , body , wits , senses , members , thoughts , words , actions , ways for ever ; so romes church in d masse-bookes prayes . if they say , these are but gods substitutes ; they must them prove , that god these saints deputes to these distinct climes , trades , beasts , maladies which they assigne them : this their great rabbies , popes , doctors , monkes , and jesuites cannot doe ; these patrons then are false ; they fooles , sots , to rely upon , pray to them ; god alone make then your patron , since these saints are none . rome hath e false reliques store , but this surely is a true relique of idolatry , and sottish pagans , who had f gods for all climes , trades , diseases which men , beasts , befall . rome playes the g pagan in most things , but here that she turnes pagan , is to all most cleare . on workes of supererogation . some popish monks , h priests doe more than they neede , and thinke this is a meritorious deede : true , they doe all besides , against gods will , not it ; i feare the merit then is ill. heav'n , say they ; hell , i ; else there 's no hell if men may merit heav'n by not doing well . on papists good workes to merit salvation . papists dreame to be sav'd by i workes alone : they must doe so , for true faith they have none . but since their good workes from no good saith flow no doubt at last they will no good workes grow . on popish merits . god , mens good workes of k mercy , not of debt or right rewards : this papists quite forget l according to , not for their workes ; of grace and promise onely ; debt hath here no place . hence saints in scripture , still for m mercy call not wages , merits they knew not at all . if rome hath merits , workes , 52 and trust thereto , i doubt at last they will her quite undoe . rome by her faith will not be justified : good reason , it s not true , but false if try'd ; her workes , or nought , must then her justifie ; but these prove ill , not good , if god them try : since then her faith , workes , both prove ill , when tride , rome must be damn'd by them , not justifi'd . on auricular confession . if men confesse to god , will that suffice ? no : tell me why ? priests should not then be wise : lay-men should then have secrets , and lose paines impos'd for sinnes confest , priests cheifest gaines . priests now know all mens secrets , none preists know ; and by injoyned penance , wealthy grow . confesse and so be hang'd sayd once of old ; by confesse and absolv'd , seemes now control'd . not so , both stand well , sith priests absolution , makes men neglect gods , to their just confusion . at leastwise hangs them in priests halters , paines ; who torture , racke them , to improve their gaines . when priests their owne faults n first confesse , and mend , they to confession may all others send . on romes prayers to saints . vvhy hath rome o store of saints her prayers to heare ? is god deafe to them ? or else doth she feare , so faithlesse , heartlesse , dead , ill , are here plaints , they are not fit for god , but for her saints ? or doth she try her patience thus to pray to saints that cannot heare or else delay to heare or grant ! hence oft her cause is mar'd before her pray'rs by her dead saints are heard ; and we who goe to god immediately , are heard and answer'd ere saints heare her cry . on popish monkes , players , prayers , and merits . our church hath some who worke not , but still play : romes more , who worke not , but yet always pray : prayer's no worke with rome to merit by vnlesse with * gold you will her prayers still buy : her prayers therefore are players , and doe play not worke , but when men wage them for to pray . how can they merit then by workes , who play still , and no worke doe for which god can pay ? men over-pay them for their prayers still here , god than cannot owe , pay them any arreare : they should be double payd if god and men should both reward them ; wher 's their merit then ? on romes taking away the scripture , cup , and second commandement from the people . laickes reade scripture ? fie , it is not fit ; rich rome might soone lose all her wealth by it : her popes & canons then must both dismount ; her faith , workes , pardons , be of no account , her monks , nunnes , fryers , abbots , prelates then would soone be banisht and cast out by men . better the people lose their soule , heaven , all , than romes popes , prelates , monkes , catch such a fall . christ p oft commands all , scripture day and night to search , reade , meditate , that so they might obtaine eternall life : the k pope saith nay , and from lay-men the scripture takes away : he is not here true vicar unto christ , but anti-christian , and true antichrist . the q second commandement , cup , and scripture popes steale from people too : theeves are they sure of highest ranke : in that they stollen have what father , some , and holy ghost men gave ; for robbing men and the whole trinity : they then deserve lawes , deaths eternity i wonder papists dare their soules once trust with these arch-theeves , to god , men so unjust : they will not trust theeves with their coine , i feare their soules than money are to them lesse deare . on the romish masse . masse is a wonder ; it s a r sacrifice for quicke and dead ; and for all maladies in man or beast , a rare receit and cure ; a sicke man , beast , asse , oxe , cow , hog , is sure to be releast from any malady , if you a masse for them , of priests will buy : physitians , farriers will be now undone , all sickemen , beasts to priests for cure will run , they neede no other physicke but a masse , which you may s buy for oxe , cow , horse , hog , asse , or any creature else , all which must pay priests well , for gratis they will no masse say . on the popes two swords . popes have t two swords , to smite , one hooke to keepe , no wonder they more slay than feede christs sheepe . on the popes two keyes . popes , v hold , they keepe the keyes of heav'n and hell ; some doe oppose : i like it very well , sith they locke heavens straite gate fast up to all their flocke , but ope hells wide , wherein they fall . on kissing the popes feete . other folkes lips are kist , onely x popes feete : their breath is poyson , but their shooe is sweete ; y vnder their lips doth addars poyson lye , they therefore will have none their lippes come nigh . on the pope being peters successour . some say z that popes succeed to peter , i confesse it , both their master christ deny . peter but a thrice : they oft , and so preceed in sinne ; him , they in place , not grace succeed . but are they peters successors alone ? th' are b judas , simons too , it s ten to one . on the popes non erring whilst he sits in peters chaire . popes c cannot erre , in peters chaire whilst set ; t is true , for sure , they nere once sate there yet : no wonder then if they nought else but erre , sith they in his un-erring chaire sat ne're . on the popes not erring . all d error is from rule ; popes will have none , to judge , doe , live by , but e themselves alone : they cannot then once erre , because not stray quite from themselves , unto gods rules and way . on the popes not sinning and erring as popes , but as men. the f pope as man , not pope , may sinne and erre : why doth not then the pope the man deterre from sinne and errour ? can he not this doe ? the man the pope may make sinne , and erre too : and if the man for sinne and error goe to hell , i feare the pope too must doe so . on the popes not erring , and on falling from grace . popes cannot erre ; yet they may g totally away from grace fall , yea and finally , by romes owne doctrine ; which they oft times doe , to prove her doctrine by their practise true . it is no errour thus to fall from grace , since popes herein romes doctrines footsteps trace . i wonder not at romes apostasie , her practise else her doctrine would belye : now both accord , and she falls quite away from faith , grace , truth , that none once question may , or doubt her doctrine , which was questionable ; but thus confirm'd , it must be true and stable . on the popes pardons , and mortall sinnes . may men h buy pardons , and for mortall sins ? pardons are truely veniall then , not sinnes : but yet at rome alone , for god , kings , all but popes , hold pardons i free , not veniall . on the popes being christs vicar generall upon earth . the pope on earth's christs vicar generall , he 's nothing then ; christ , k here had nought at all : but be he something , t is in earth , or hell , not heav'n : christ lets no vicar ne're him dwell : who being still l present both in heav'n and here , popes are his vicars but in hell i feare . on popes pardons of sinnes . the popes doe pardon sinnes ; i thinke so too ; all , which men for them ; none , they against them doe . all against god ; against themselves , not one . what can , is not , what cannot they , is done . on the popes being head of the church . popes are m supreame heads of the church by due , but of the false church onely , not the true. the true church hath but one head , n jesus christ : the false but one , the pope , true anti-christ . on romes sinnes , curses and pardons . at rome all 's veniall , some say ; i say no ; her sinnes , and curses doubtlesse are not so : the first are mortall ; last not sold , but free bestow'd , all is not veniall rome in thee . on the pope and his cardinals . cardinalls o hinges are ; the church the dore which hanges on them : o pope thy fate deplore ; if the church on them , onely hanged be , nought but an halter 's left by them for thee ; thou mayst goe bang thy selfe therewith ; for they , not thou , the church uphold , support , and stay . on the popes being christs vicar . if popes christs vicars be , his flocke to teach , why do they not like him , than feed and p preach ? they are his vicars , but to sheare his sheepe ; when they should feed them , they are fast asleepe . christ but one vicar can have here ; he many , to doe his office ; he then is not any . either the pope must doe his worke alone , or if by vicar , he must make but one : else christ may chance to make more vicars too by his example , and so him undoe , unlesse he tye christs hands from making any , because himselfe before had made too many . on the popes vicarship and vicars . a vicar by the q law can never make another vicar : see how popes mistake , who make so many vicars of each kinde , in every country were they profit finde , either this law is error , or these be no vicars , but meere factors for romes see. true , for they onely his rents helpe get in ; he , not they keepe them , else it were a sinne : they are christs rents , tithes , peters patrimony ; popes must be still sole vicars of the money : t were sacriledge , at least , for to assigne another vicar to keepe peters coyne . on the popes porphiry chaire , wherein they are groped and tryed to be men . popes neede no r porphry chaire now for to try if they be males or not ; they it descry to all the world before-hand by the store of s bastards they beget . it then were more fit now , their testicles to cut , than grope , for feare a leacher , not a whore , turne pope . on christs crowne of thornes and the popes triple crowne of gold . christ wore one t crowne of thornes , popes three of gold ; no wonder then that christ's by them control'd . christ v rode but once , and that upon an asse ; popes ever ride and oft on x kings backes passe the streetes : no wonder , they make christ their page he never rode in such state , equipage . popes now no vicars , but lords paramount are , since they kings , and christ so far surmount . on peters poverty and the popes great wealth and on the popes being peters successors . peter y no gold nor silver had , or wore : his successors both z have , and weare great store . the church , poore then , had peter a poore head ; she 's now grown rich , great , since that peter's dead . her head must then grow rich , great , like her body ; else 't were unseemely , and he were a noddy : peter had no such court , state , table , traine as popes ; who neede much gold them to maintain : peter was but a fisher , not a pope , they popes , nay a monarchs of the world : i hope they must have gold store to support their state , they cannot now live at s. peters rate . it were no lesse in popes than b heresie . to succeede peter in his povertie ; whose very name they scorne , sith none of all the popes [ who c change their names ] did ever call himselfe by this name peter , but still by some other name , as john , paul , gregory , and such like , which in all great doubt may breed , that popes , who peter never will succeede in name , doe lesse in office , grace , chaire , state succeede him : then succession's out of date : till popes resemble peter more : say i , that they succeed him , is an arrant lye . on popes prohibiting priests from marriage . priests are the seede of adam , noah ; why should they not then have wives to multiply and store the earth ; as well as other men , as d god commands ? from e adams dayes till ten hundred yeares after christ , or more , priests were still free to marry , and did not forbeare but use the marriage bed : why doe popes now priests marriage f quite condemne , and disallow ? which ●oth before , under the g law , gospell , was used by , allow'd to priests as well as any others ; yea god did prescribe wives , with their qualities , to levies tribe . s. paul writes , h marriage is honourable in all men ; popes say it is i detestable in priests ; belike romes priests are beasts , not men for if they were , by pauls rule marriage then to them were lawfull , honourable , all priests under his all men , if men , must fall . we read that k peter , philip , james , paul , were al married ; why should priests then wives forbeare , when these apostles ; yea , l some popes of old and godly bishops did wives wed and hold ? which they no doubt would not have done , if it had beene unlawfull , or for priests unfit . to put this out of doubt , we finde that paul himselfe among the qualities which all bishops and deacons , ought to have , saith m they the husbands of one wife must be ; none may this text controule , found in popes n canon lawes , which to this day retaine this very clause ; priests , bishops , deacons then may lawfully keepe wives ; this clause else were a nullity , vaine , idle , nay repugnant , and s. paul mistaken in prescribing it to all bishops , and deacons , midst those qualities which simply needfull are . if rome denyes this meant of wives enjoyed actually by bishops , deacons , whilst such ; certainely s. paul confutes her by prescribing there o what wives they ought to abuse , how they must beare themselves , and rule their children well ; else they gods church unfitting were to rule and sway : all which were needlesse , vaine ; if meant of those not yet in orders as rome doth it glose . besides , paul speakes of such as p actually are priests or deacons , and not futurely to be so ; and this quality , to be the husband of one wife , is in degree and tence the same with the p rest specifi'd there , which to priests in act must be apply'd in the present not preterperfect tense : priests marriage then must needs be lawfull hence . in fine , s. paul avers , that q marriage and meates , men to forbid in this last age , [ both which romes popes doe ] is apostasie from faith , meere devills doctrine , and a lye. whence i conclude , that popes have falne away from faith , and that lyes , devills doctrines sway and rule them now , since they priests marriage , free use of meates forbid , in this last age ; r permitting priests whores , s not wives ; which doe make them quite unfit orders to keepe or take , whereas grosse whoredome and adultery from orders none thrust out , nor yet put by ; which sinnes of priests , should t cause the roman whore the lawfull use of marriage to restore . we reade , the v selfe-same day the marriage bed was first to english priests prohibited , in councell , by john crema , legat to the pope , by whose command he this did doe , that he himselfe at night in bed was tooke by priests , lying with a whore , and so forsooke and fled the realme with publicke shame , whereby the priests their wives retained quietly long after : were romes popes , priests narrowly watch't , men them with whores might too oft espie ; yea , it s a common trade now , and no newes at rome , for x priests to baunt the publicke stewes , which popes maintaine , and have in italy dispenc'd with priests to commit sodomie in the hot monethes , with boyes and ganymedes ; that is not good , but ill which such fruits breeds ; which i forbeare at large to specifie , since y romish writers , fully them descry , wishing that popes , priests marriage would restore , the want whereof hath made their church a whore . there is no pia-mater in popes braine who priests from marriage , ' gainst gods word restraine , and them quite barre from this their sacrament , yet give them free leave , whores , stewes to frequent . on protestants damnation by papists , and the reason of it . protestants damned are , say z papists ; why ? because they to one saviour , christ , all fly . few or none damn'd are in romes church if any , sith she besides christ , saviours hath full many . if a few be saved , as the scriptures say , one saviour is enough to whom to pray ; who seldome us'd in romes church , which him wants not , may finde leasure to save protestants . lest this prove true , romes church may now doe well , all saviours , but christ onely , to expell . on romes saviours and jesuites . no wonder if all romes flock saved be , they have ten thousand saviours more than we ; so many that to keepe them from disorder , she marshalls some into a distinct order , grac'd with the saving name of jesuites , they are such active good , sweete , saving sprits , saviours no doubt to romes church , popes , and crowne , which their plots , wits , pens keepe from tumbling downe . t is not their goodnesse , vertue , grace or merits that make them saviours , but their treasons , wits ; saviours to popes ; could kings and states say so , they jesuites were in name and nature too . but whilst their treasons , plots , ' gainst these them shame , they are not such in truth , deed , but in name : nay meere antipodes to this name , they it into judasites now alter may , or jebusites , since they disturbe , annoy al states , kings , churches , & would them destroy . on no salvation out of the church of rome . rome saith b out of her church none saved be , and that no church is catholicke but she . it 's pride and gaine that make her thus to boast , since she faith and salvation both hath lost . the patriarchs , prophets , holy jewes of old , christ , his apostles , were not of romes fold ; yet were all saved : greekes , with sundry more since them were , and are sav'd without the whore of romes precincts ; whose whoredomes , vices are now catholicke , her faith , grace none , or rare . she then had neede prevent her owne damnation , not others ; doubt her owne , not our salvation . on papists making apocrypha canonicall , and canonicall scripture lesse than apocryphall , and their blasphemies against it , and popes power over it . papists ( against the c joynt consent of all fathers ) apocrypha , canonicall make , and all protestants revile , condemne , for not consenting in this point with them . meane time [ ô wonder ] that which both confesse to be true scripture canon , they farre lesse esteeme , than what is meere apocryphall , and deeme no scripture text canonicall ; stiling gods sacred booke , d a leaden sword , a nose of waxe , a dead letter or word , a leaden parchment rule ; no judge , rule , guide of faith , by which all doctrines must be try'd . they write , it hath its force , authority , sense , exposition from the pope onely , who can , may , doth it change , controule , annuall , repeale , dispence against it , by his bull. if this be true , rome no canonicall text grants ; but makes all meere apocryphall : and so unchurcheth , yea quite overturnes her self , whilst she against gods word thus spurnes on e which all christian churches built , must fall , if scripture cease to be canonicall . o rome recant thy fearefull blasphemie against gods word , which doth for vengeance cry against thee ; and shall f judge thee at the last , and into hell , without repentance cast . on the two arch-patriarchs of popish fryers s. francis and s. dominicke . i hope i may without offence , recite what papists of their great s. francis write , the father of their fryers minorites , in printed g bookes , made by his favorites . they write , that he john baptist did surpasse in foure respects : for first , john baptist was but christs fore-runner , francis [ as they say ] both his fore-runner to prepare his way , and standard-bearer too : john received the word of penance , but from christ our head ; francis , from christ and the pope , which is more : john , but the bridegroomes friend was , heretofore , francis was like the bridegroome : john , on high , is but exalted to the company of seraphins , where francis on the throne whence lucifer was cast downe , sits alone . they write , that francis in worth farre excels all the apostles , and that now he dwels in heav'n in christs owne bosome , more : that he was here a jesus typically : yea a figurative saviour : who upon his body receiv'd in a vision the selfe-same wounds that christ did , yea suffred the selfe-same paines : and thereby renewed christs passion in him , for to save man-kinde : of which the prophet david doth men minde who saith . h thou hast with glory and honor him crown'd , and thou hast him also set o're the workes of thine owne hands ; of whom did write the prophet thus , i thou gavest him a light unto the gentiles k whose day abraham saw , and rejoyced for to see the same . [ all meant of christ alone . ] besides they write , that what the gospell saith of christ , of right may be sung of him , l all things unto me are given of my father ; whence we see the scripture of him faith : m a father i will be to him ; and he againe shall my son be ; [ both meant of christ . ] they adde , that all the vertues of the saints , both great and small , in the old and new testament , doe rest vnited and conjoyned in his brest . that by his merits he deserv'd to be the sonne of god , and that leo did see a roll descend from heav'n , which rested on his head , containing this inscription : this man , is the grace of god , conformable wholly to christ in all things , the example of all perfection ; deified in the glory of god the father , and now in the glory of the saints united , to god , whereby he precedes and doth out-goe all living creatures , is made one and the same spirit with god : nay , they averre , that he deserves with god to be the advocate of the who●e militant church on earth : that christs passion is in him renu'd , for the salvation of all mankind : so as he by one masse onely hath god pacifi'd for all the world : this must not be deny'd . they adde ; that all are saved certainely who in s. francis order , rule shall dye . for francis prayed and obtain'd likewise from god , that none who in his order dyes should dye an evill death [ which is far n more than christ obtained from god heretofore for all who him professe : ] that the same grace descendeth on him , who shall but embrace his order of religion , as doth fall on him that is baptized . is this all ? no : they say further , the meere putting on of francis hood gives full remission of sinnes , and frees from their guilt , punishment : that the bare resolution and intent to take his order , though not put inure , is a new baptisme , doth pardon procure . they teach ; that christ hath but prayed , but francis hath impetrated or obtained . all this ( with sundry such like fearefull blasphemies ) appeares in the booke of conformities presented to the chapter generall of cordiliers , and there approv'd by all with this expresse clause ; we have carefully searched , perused , examin'd throughly this booke , and we have nothing in it found worthy correction ; all there is so sound that they it terme , a golden booke [ so prise they their s. francis , and these blasphemies ] which gregory the ninth , pope alexander the fift , nichlas the third [ a whoremaster ] sent unto all the faithfull ; charging all s. francis wounds to credit , and not call them into doubt , on paine of heresie : and benedict the twelfth , lest this grosse lye should be forgotten , did enjoyne all men yearely to keepe that day as holy , when s. francis these forg'd wounds receiv'd . after , the hill averna by pope alexander the fourth his bull , was tooke into the see of romes protection , because these scar's he thereon receiv'd ; which sundry deeme a ly , and damne for a notorious blasphemie . not to relate , how o francis oft times preacht vnto the very birds , who their neckes reacht out to receive his blessing , and did stay their singing whiles that he his masse did say : or , how his haire did suddenly cement a great new house from top to bottome rent and like to fall , so that they could not get the haire out thence : or , how his cord but wet in water , and that drunke , did instantly cure divers sicke men of their maladie : i shall but one thing more of him relate , recorded as a truth past all debate ; to wit , that at p assize in italy about the yeare twelve hundred thirty three an angell to s. francis did appeare , and told him that in maries great church there , cal'd angels , jesus christ , the virgin mary with sundry angels did for him tarry ; where being come , christ jesus to him spake thus : francis , for saving soules one suite make , for thou are sent to be a light unto the gentiles ; francis answered thereunto , i crave that thou the pardon of all sinne wilt grant to every one who enters in to this church , and i likewise supplicate the virgin mary , mankindes advocate , to ayde me in this suite : then jesus sayd freer francis , that which thou of me has●pray'd is a great matter , but thou art worthy of greater things : i doe accord to thy request , and grant it : but yet goe to rome vnto the pope my vicar , unto whom i have given power to binde and to unty in earth and heav'n , and of him aske in my behalfe this indulgence : on which he goes to pope honorius , and doth this disclose . demanding of him for these plenary indulgence , without offrings or money . the pope reply'd , that this could not be done , because he that would gaine such full pardon must * merit it , by putting helping hands to peters treasure , and this suite withstands . by this we see , popes can , doe , will deny those suites which christ hath granted formerly . the pope demanded next , for how many yeares he desired pardon : his reply was , i not for yeares , but for soules did crave pardon , and will no bulls for this grace have ; adding , the virgin should unto him be insteed of paper , christ his scribe , and the angels his witnesses . the pope at last , this indulgence at his intreaty past , that whosoever this church visited each first of august , and therein entred during that whole dayes and nights space , should gaine perfect remission from the guilt and paine of all his sinnes , from baptisme till that day : an easie rate to purge all sinnes away . now least s. francis merits , wounds , and fame should quite eclipse s. dominickes great name , i shall from antonine , one of his sect [ a romish saint ] him cleare from disrespect ; who writes as much of dominicke well nigh as others doe of francis dignity , comparing him with christ , in such a sort which makes christ of him oft times to fall short . for christ [ writes q he ] but three dead men in all rays'd up , when dominick● within romes wall did raise up three ; and forty that were dead and drowned neere tolouse , he restored to life : christ when immortall , the r doores shut entred in to his sad disciples : but s. dominicke [ which is far more ] whiles yet a mortall man into the church did get at night , the gates fast shut , least he should wake his brethren : christ , after his death thus spake s all power in heaven and earth is given to me ; and this power to s. dominicke [ writes he ] was not communicated sparingly whiles here , 'ore all things in the heavens high on earth , and underneath the earth : for he had the blest angels at his service ; the foure elements did unto him obey , the devils trembled at his sight , and they vnable were to dis-obey him ; as he doth by legends prove : that ere he was borne or brought forth into the world , there were in venice two statues : in markes church there , the one of paul as they use him to paint , over the which was this inscription , saint paul , but under the image feete was writ , by this man we come unto christ ; neare it the other of s. dominicke was plac'd in a poore preaching fryers habit , grac'd with this motto , s. dominicke , above , but underfoote with ; by this man we move and goe more easie unto christ ; for why the doctrine of st paul [ writes anthony ] and other apostles , did but onely lead to faith , and keeping of gods lawes we reade ; but dominickes did teach men to obey counsells , which is the shorter , easier way to goe to christ : oh horrid blasphemy s. dominicke thus to advance so high above s. paul , all the apostles ; and to make his doctrines take the upper hand of the apostles , as the shortest , best , way unto christ ! he addes yet to the rest , that he was aptly named dominike , because he was to christ himselfe most like : for dominicke was that principally , and by possession , what absolutely , and by authority christ was [ marke ye his proofe ] for the lord saith thus , t i am the light of the world , and the church doth thus sing of dominick , thou art the light , day-spring of the world : yea , as the prophets of old of the lord christ bore witnesse , and foretold in divers wayes : so prophet zachary of dominicke and his order saith v i have taken unto me two staves , ●ne i did call beauty , the other cords : beauty is the sect of saint dominicke , for the beautifull habits of their prelates we behold : the cords , are nought but minor fryers girt with a cord , and thence cald cordeliers [ a worthy glosse on this text ; ] thus they play with sacred scripture : furthermore they say , christ was borne on the bare earth , but mary for feare of cold , did him x swath presently , and put into a manger . dominicke , whiles yet an infant , oft times off did kicke his clothes , and getting from his cratch , was found by his nurse lying naked on hare ground , detesting , as it were , all the delights of the flesh : anthony yet farther writes ; that at our lords birth there appear'd a y starre , which guided the wise men who came from farre vnto him : which did intimate that the whole world by him should then inlightned be . so in the forehead of dominicke , when he was baptiz'd his god-mother did 〈◊〉 a shining starre ; which signifi'd , that he a new light come into the world should be . he addes : the prayer of christ was heard alway when ere he would : but yet when he did pray within the garden , z that the cup might passe f●om him , this suite of his denyed was ; because he praying thus but sensually , he would in reason have god him deny . but dominicke did never ought require of god , but he obtain'd his full desire , because he nought requested according vnto the flesh ; they harpe more on this string : the a lord hath loved us , and washt away our sinnes in his blood : dominicke , say they , out of perfection of his charity , spending the whole night with god fervently in prayer , did with his owne hands every day a threefold whipping undergoe [ i pray by what command from god ? ] not with whipcord but with an iron chaine , wherewith be goard and lasht himselfe to blood-shed ; one was done for his owne sinnes , which were but small or none ; another for those soules in purgatory ; the third for those who in this world yet lye : in fine , ( to passe by and not name the rest of their blasphemous parallels , at best ; ) when our lord christ would leave this world , be to his griev'd disciples [ loth him to fore-goe ] promis'd to send a b comforter , that is the holy ghost : saint domincke to his disciples , neere his death , sayd ; doe not ye my deare friends mourne , nor vexe at all for me , nor let my now departure hence you move , for in the place to which i goe , above the cloudes , i shall be far more profitable to you than i , whiles here , to be am able : for after my decease you shall me have a better advocate by much , to crave ought for you then i now am ; by which speech he doth c christs office usurpe , and impeech . who that hath any conscience , saith , grace , feare or love of god , can once with patience heare such grosse blasphemous speeches ? or not hate those shamelesse fryers who dare them to relate ? yet romes church , popes approve , and d canonize for saints , those who spake , writ these blasphemies . with what face than can any man averre , that e romes popes , church , can never stray nor erre ? no doubt in this they erre so shamefully , that all who love god , truth , their soules , will flye from their communion , since they canonize such men for saints , approve such blasphemies . on the strange popish miracles , attributed to , and forged of s. vincent ferrier , and s. anthony of padua . some popish saints in miracles out-reach christs owne apostles ; who sent out to f preach to sundry nations , were most wondrously endow'd with all tongues knowledge , from an high , that so they might to all men preach in their owne language : but g saint vincent ferrier , preaching in spanish to strangers who knew not this his language [ if the tale be true ] was understood by all as perfectly , as if he had preacht to them severally in their owne tongues ; nay , some who earnestly ▪ desir'd to heare him preach , not possibly able to come unto the church , did heare him more than one whole league off , very cleare ; he had a lowder voyce belike than all christs twelve apostles , joyned with s. paul , since none could heare them preaching halfe that space as these this saint heard . nor was this his case alone ; b for i reade that s. anthony of padua , who preacht in one onely language , to those of sundry nations , who were unacquainted with his tongue , was so well understood of them , as if that he had preacht in their owne dialect : yea the good wife who would have come to his sermo● but hindred by her husband , got upon her barne to heare it , heard him perfectly halfe a league off the place he preach't in ; she had very good eares doubtlesse , or else he a thundring voyce . they make him yet doe more than christ , or his apostles heretofore . for preaching at ariminum unto the heretiques , who stopt their eares that so they might not heare his voyce ; he presently went to the sea-side , to that towne then nigh , and there with great affiance in gods ayde , called unto the fishes , and them pray'd to bearken to him , whom the sectaries and heretickes to heare did then despise . this sayd : an infinite scooll of great , small and middle sort of fishes , ranged all in their set order , lift their heads above the water , him to heare ; who out of love , calls them his brethren , then did to them make a sermon of the blessings they partake , and still receive from god , instructing them what thankes and service they should yeeld to him : which sermon ended , all the fishes bow'd their heads his blessing to receive ; the crowd of people seeing this strange sight , were all astonied , and the heretiques did fall downe at his feete , desiring him to preach to them , and gods truth among them to teach : i wish he had it taught to those who write these lyes of him , and them for truths recite . then had we never further i read , that he to bouivil his asse or mule , brought the host with great reverence , when she had beene kept three dayes fasting , and no meate had seene , commanding the beast in the lords name , he then held in his hands , to come how the knee forthwith to his creator , and adore him , that christs presence therein might no more be henceforth doubted , heretiques thereby confounded ; which spoke , the asse instantly her master , and her provender forsakes , though hungry , and upon her knees there makes prostration to the host , as to her maker and lord [ though made by the priest or baker . ] which miracle so evident , greatly the catholickes did comfort , edifie : but did encourage heretiques much more , who the host as their lord would not adore for all this miracle : rome might let passe this peece of worship , prov'd thus by this asse , sith they at least are asses , if not more , who from an asse learne how god to adore . on the popish blasphemous legends of their s. catherine of sennes . t is strange what romish k legends write of their saint catherine of sennes , who cut her haire to shun her marriage , having formerly espous'd her selfe to christ most solemnely , and ●ow'd to be his spouse alone . they say that she did whip her selfe three times each day for three houres space , with a sharpe iron chaine , so that her blood did issue forth amaine out of all parts of her body ; willing to repay christ by this her blood-shedding , the blood which he for her sinnes shed on the crosse , that she might no debtor to him be . to passe by all her strict fasts , disciplines , strange visions , as requiring many lines , they write , that christ did so familiarly converse with her , appeare so frequently to her , when she did pray , or meditate , walke or repose her selfe , early and late , that he seem'd alwayes present with her , yea and talke with her saying , thinke thou of me and i shall thinke and take of thee the care , with sundry such discourses which i spare : that jesus christ enamored with her , appeared to her with his owne mother and other saints , and her most solemnely espoused in their presence visibly , the virgin mary leading her unto her sonne christ jesus , as a person who was worthy to be wedded specially to him ; who condescending , presently to this her motion , put a ring of gold with foure rich stones on her finger , then told her : i betroth thee to me thy maker and saviour : after which act he did her continually visit familiarly , bringing with him oft times virgin mary , and sometimes other saints , yet usually comming alone , keeping her company , walking , reciting psalmes with her , which she vnlearned knew not how to read , till he at her request , did teach her instantly by miracle to reade them perfectly . they write , that christ himselfe the sacrament gave unto her , that the host it selfe went vnto her mouth without helpe , and that she the child jesus in the host oft did see : that christ his wound in his left side opened for her , who thence christs owne warme blood sucked : that he stampt on her his five wounds , that she in suffring torments might like to christ be . in fine ; they write , that christ did really change hearts with her , tooke out of her body [ opened on the left side ] her heart ; which he tooke with him for some space : that meane time she lived without an heart : that soone after christ in his glory did appeare to her with a red beautifull heart in his hand , and comming neere to her , where she did stand he thrust it in to her on the left side , saying to her , my daughter and my bride , i here deliver my heart unto thee in leiw of thine : which uttered then be her side clos'd up : and that this really was done , not in a vision , shew onely , the scarre remaining in her side descry'd , which her companions oft times view'd and ey'd . these most blasphemous , grosse , notorious lyes which every christian soule abhors , defies , romes church proclaimes for truths conformable vnto her faith : and them approves full well . witnesse the l sorbon doctors approbation prefixt in print before their late relation of rabadeneira the jesuit his flours of saints lives , [ saints lyes a more fit title were for it ] re-printed lately with approbation in french. certainely romes church must needes be false ; which justifies such monstrous lyes , such horrid blasphemies , and deemes them very usefull , necessary , for all to know ; true ; them , her to defy . on a popish miracle of their deifide hostia . our m walsingham relates this miracle , that otho , when deposed , not being well , at point of death did earnestly desire his extreame viand , ere he should expire : which he [ unable to retaine ought , he then tooke ] desired onely but to see , not eate christs body ; which when the priest nigh him brought , he it with great humility ador'd , then drawing neere to it stretching his armes out , as if he were most willing it to embrace , his body quite naked , the host out of the priests hands then leaped , and through an hole which opened instantly in his flesh , just whereas his heart did lye entred into his body : which done , the hole forthwith clos'd up so that none could see the print of any scarre : when he the host had thus receiv'd , he rendred up the ghost . this nimble skipping host was certainly ill tutored , to leape so wondrously into the heart of one deposed by the pope himselfe , as the church enemy ; and to breake christs owne institution not being n eaten , nor once fed upon . which makes me feare this monstrous miracle is but a fable , coyn'd in some monkes cell . on papists prayers to those for saints who neither were saints nor men. i much admire , deplore the sottishnesse , of romes deluded flocke , who oft addresse their prayers unto o s. martiall , christopher , george , margarite , and saints who never were ; nay , to the p wodden-crosse which crucifide our saviour ; to the q speare , which pierc'd his side ; which they have made a saint , and him now name saint r longis , writing legends of the same . they pray unto the nayles , which nayl'd his feete and hands ; saint them too ( t is very meete ) and then saint eloy nominate . i feare these woodden , iron saints will hardly heare their prayers : s if they doe not , yet verily the three chiefe graces , faith , hope , charity , ( which they have made three saints of later dayes , and in their solemne liturgies alwayes invoke thus ; t o s. faith , pray for us , saint hope pray for us , s. charity our plaint heare and pray for us ) will undoubtedly both heare and give an answere to their cry , else they would not them invocate : i feare these saints are deafe too , and cannot them heare , since they are sacred v graces , not saints , and extreame remote from those , not neare at hand , who them for saints invoke , who certainely have in them no true faith , hope , charity ; sith they yet know not what they are , or where ; and cry to them as saints in heav'n , not here . on popish blinde obedience . christ writes expressely , z if blind lead the blind they both shall fall into the pit , nay finde destruction , as the y prophet punctually determines : 't is then false divinity which z tollet and cusanus teach of late ; that he who doth beleeve his owne prelate , when as he shall propound an heresie against the faith , shall merit much thereby , although it be an errour , because he is bound for to beleeve him , till it be apparent to him that t is contrary to what the church beleeves ; whence they thus cry ; a o how strong is the churches building ? why ? for no man can be deceiv'd , no not by an evill bishop . if thou to god say , o lord i did thee in my priest obey ; this shall suffice thee to salvation , for thou by the willing submission that thou yeeldst to thy bishop canst not be deceived , although he shall command thee other things than he ought to doe ; for the church doth presume his sentence good to be ; which sentence , though false , if thou shalt obey thy reward shall be great . therefore [ say they ] obedience without reason is a most full and compleate obedience , when thou dost obey without inquiring reason why , as beasts obey their masters : a beastly b vnreasonable doctrine , which should make all men suspect romes priests ; and them forsake ; who make them worse than beasts , cause thē deny their reason , senses , lest they should descry their grosse erronious doctrines , which if try'd by scripture , reason , sense , would be deny'd of all , receiv'd of none ; romes faith would fall , did not her blind obedience most inthrall . on romes making perpetuall visibility a note of the true church . rome saith c the true church is still visible ; if popes ( her d church and head ) were so , 't were well : but they dye , and then e oft for sundry yeares monthes , weekes at least , no church , nor head appeares at all in rome , which sometimes two or three popes hath at once , so as no man can see which is the true church , head , pope , since each one doth then pretend he 's true church , pope alone , rome then must bid this marke of hers adieu , else it will prove her a false church , not true ; since popes [ her church ] are not still seene , & she hath oft no pope , head ; sometimes two or three . on romes making multitude and roman a note of the true church . some f romanists averre , that multitude a churches truth and goodnesse doth conclude , if so , the damn'd in hell a truer church are than saints in heav'n , since they g are more by farre . then world , flesh , devill , whom most serve , adore , and mahomet , whose worshippers are more than christs or gods , shall truer , better be than christ , god , christians . rome thine errour see in this , which thou must needs retract , recall , because christ saith , his true flocke is but h small . thou add'st ; that i roman , is a marke ; then all those famous churches to whom john , james , paul , writ their epistles , and that church from whom all other churches are deriv'd , ( yea rome her selfe ) i meane k jerusalem , were no true churches , since not roman . and if so , the scriptures erre , who them true l churches terme of god and christ ; this rome dares not affirme . but if these were true , though not roman , then roman's no note of the true church to men ; at least in this age , when romes church of due , is either no church , or corrupt , untrue . on romes engrossing the name of the true church of christ to her selfe onely . rome boasts , that she is christs true church only when as in scripture none can her descry so much as once a * church stild , unlesse she the church of n babylon there called be , and that by peter , when as sacred writ doth other o churches oft so stile , not it . why so ? i doubt not but to signifie her future errors and apostacie , by which she should so far from true faith fall that none should her a true church deeme or call , but that she should become a p babylon of errours , lewdnesse and confusion . on romes religion turn'd to policy . vvhat romes religion now decay'd ? pray why ? t is chang'd to state , wealth , worldly policy : but what 's exchang'd for gaine , is not decayd but much improv'd , it cannot be gaine-sayd ; profit , and worldly honour comprise all those points which rome doth now religion call : substract these two , and all romes faith is gon ; its policy then , not religion which rome professeth : if these will her save her machiavill chiefe place in heaven shall have . and her m peresius , who in policy durst write and print , this fearefull blasphemy ; it is the devills invention to permit the people to read scripture ( no way fit for them to know ) may by meere policy escape hell flames , and mount above the skie . on popes right to interpret scripture , and their strange glosses on sundry texts , to prove their supremacy , and the lawfulnesse of deposing and killing kings , who disobey them . must not the pope interpret scripture ? yea good reason , else a pope he could not be . no text him makes christs vicar , peter , pope ; his glosse must helpe here , else he had no hope of being either , that makes him these , more : no reason then he should this right give o're . popes q claime it as their proper right and due to expound the scriptures , which none doe so true , so well as they , in all points , specially in defence of their owne supremacy , and right to judge , depose , kill kings , here they such comments make on texts , as will display their learning , wisedome , and unerring power ; for instance , they say , that our saviour sayd unto , peter , r feede my sheepe : therefore the popes supreame head of christs church : nay more they hence inferre , that they may judge , depose , kill christian kings , & of their crownes dispose : feeding is killing now with popes , and they good shepheards are , when they their flockes spoyle , slay . christ sayd to peter , t lanch out from the shore into the deepe , and loose your nets ; therefore the pope is supreame head , may kings put downe and loose his net , to catch their kingdomes crowne : i doubt s. peter never had one thought of catching such fish when he lanch't his boate . christ sayd to peter v whatsoever thou shalt bind , or loose here upon earth below , shall be bound , loos'd in heav'n , therefore popes may kings excomunicate , depose , judge , slay ; nay loose those subjects from their oathes , which tye them to obedience , truth , and loyalty ; and bind kings so , that they shall vassals be to popes , and ne're once strive against romes see ▪ i feare this kind of binding , loosing fall besides this text , which meant them not at all . once the disciples sayd to christ , x behold here are two swords , upon which christ them told , that is enough ; therefore both swords , with all soveraigne power , as well temporall as spirituall doth appertaine of right unto the pope ; he may with both swords smite , i thinke s. peter did not then descry that these two swords did so great power imply as his successors have since in them found ; who on the sword , not word their empire ground . no wonder if they slay , not preach the word ; they sticke not to the text , but to the sword. christ saith y all things in heaven and earth to me are given of my father ; therefore the pope hath all power , crownes , kingdomes of meere right belonging to him , and by his owne might may dispossesse all kings who them enjoy , when he thinkes meete , if they him disobey , yea hence they plead , z that the keyes of heav'n , hell and purgatory [ wherein they christ excell ] belong to popes , who can redeeme , release men from hell , purgatory when they please , or send or keepe them there , or let in men or shut them out of heav'n : they gods are then i deeme this text belongs to christ onely , its error then it to popes to apply . christ sayd to peter , b arise , kill and eate ; [ that is , such beasts , fowles onely made for meate which he saw in a trance , from heav'n let downe in a great sheete : ] therefore popes may uncrowne , depose , kill kings , and princes at their will , if they refuse their mandates to fulfill : nay send them soule and body unto h●ll . i feare the pope expounds this text not well , sith there was no king , man within the sheete , bu● creeping things , foules and beasts with fowre fe●●e . if popes from hence will kill kings , they must eate their flesh likewise . o'tis a royall meate . christ b two disciples sent , and bad them loose an asses colt , and bring him [ can you choose but laugh at this rare glosse ? ] the pope therefore hath right to all mens goods , both rich and poore : yea , to kings crownes , & may them binde , unty ; depose ; free subjects from their loyalty , oathes of allegiance , fealty , even as christs two disciples did untie the asse : popes are hard driven when they must repaire unto this asse , to prop up peters chaire . christ sayd , c if i be lift up from earth , i will draw all things unto me : popes hereby all kingdomes , crownes , things of right to them draw and claime them as their due , by christs own law . but since christ drawes al things to him , on high , not to the pope , on earth , i must deny this roman glosse , till popes can make it cleare that christ speaks of them , of crowns not soules d in the beginning [ not beginnings ] god created heav'n and earth [ note here popes odde here . glosse and deduction ; ] therefore there 's but one beginning , monarch ; who ? the pope alone , whence all kings , princes , prelates , priests powre springs ; and popes may make , judge , sway , depose , kill kings . in this beginning popes were not at all ; this text then to their ayde they cannot call . e god two great lights created , the great'st light to rule the day , the lesse to rule the night : hence f innocent the third , writes , the greater light is the pope , the lesse the emperour ; and then concludes most learnedly from hence , that there 's as great and vaste a difference betweene the pope and emperor , as is twixt sunne and moone : which his g glosser in this sort manifests ; that as the sunnes greatnesse and magnitude exceeds the moones , no lesse than forty seven [ nay fifty sixe ] times ; so , the pope in greatnesse , might , power , doth out-goe him , no lesse than forty seven times ; and as the moone no luster , nor light in it has but what the sunne derives to it : so kings and emperours power , lustre from popes springs ; whereas in truth , the popes authority , and greatnesse was h deriv'd from them onely . but sith the sunne , not pope , was this great light here meant , i doubt the glosse is false , not right . christ sayd that i peter should be cal'd cephas ; that is , an head saith k innocent , whereas christ there interprets it to be , a stone whence he inferres , that none but popes alone are heads of christs church and lords paramount to kings , and may them censure , kill , dismount . this glosse was made but by an innocent , who understood not what this cephas ment , nor what 's the duty of an head , to l guide not kill the members , or them rule with pride . christ sayd to peter , m put thou up thy sword into the seabbard ; from which very word pope n boniface the eight most learnedly resolves , the temporall sword doth rightly belong to popes ; and that the temporall sword subject is to the hierarchicall . but since christ sayd , put up , not use this sword , this text no such conclusion will afford . god sayd to jeremie the prophet , see i o over nations , kingdomes have set thee to roote out , pull downe and destroy [ namely by threatning judgements for their sinnes onely : ] therefore say p innocent and boniface [ two learned popes ] the pope hath power , right , place , over all monarch's and their kingdomes , crownes all subject to him , and within the bounds of his grand empire ; and he may at will destroy all kingdomes , kings dethrone , judge , kill . this , not to peter spoke , but jeremy makes little for the popes supremacy : and if q s. bernard rightly glosse the place , confounds , not proves the popes , state , power and grace . it s writ of christ , r that he should tread upon the lyon , adder , yea the young lyon and eke the dragon trample under feete : s pope alexander the third , thought it meete and lawfull for him , from this text , his foote on fredericke the first his throate to put , and tr●mple on him , uttering this clause , whiles he 〈◊〉 on him with his papall paws . the t devill and his power is meant onely by adder , lyon , dragon , certainely in this text , not the emperour , therefore this pope mis-glost , abus'd it heretofore . v have we not power to eate and drinke ? saith paul : popes hence have right to all things temporall , and may dispose of kings crowns , as some write , then all men sure may claime the selfe-same right sith they have power to eate and drinke ; but yet not kings , crownes , kingdomes , but their drink and meate . store of such learned glosses every where in popes x decrees , epistles , workes appeare ; which i omit , since these doe well descry that popes all else excell , in glossery , and can from any text , high treason draw . good cause then they alone should glose gods law on the popes supremacy , and soveraignety over kings , emperours , and kingdomes . the emperours , y nine hundred yeares , and more romes popes confirm'd , chose , judg'd , ruld heretofore ; who swore them homage and fidelity as their supreme lords , who did summon , try , censure , depose them oft for crimes , as we by histories of former times may see . by what right then do romes popes now of late themselves , 'bove z emperours , kings elevate , and them elect , confirme , crowne , judge , depose , kill , excommunicate , their crownes dispose , their kingdomes interdict , absolve , untye their subjects from their oathes , faith , loyalty , and stir them up to fight , revolt , rebell against their lawfull princes , them to quell , exempt all clergie mens goods , persons , lands from publicke taxes , and lay-judges hands ? a christ , peter , tribute did to caesar pay , and charged all to b give caesar alway the things that are caesars ; yea blessed paul writing unto the romans , saith , c let all , or every soule be subject to obey , the higher powers , and to them tribute pay , not out of feare but conscience , since they be ordain'd of god. the like precept reade we saint peter gives to all ; d your selves submit to the king , as supreame , why so ? for it is the will of god , and for the lords sake you must this doe ; here popes peter forsake , and quite abandon : his divinity they now at rome condemne for e heresie . the jewish high-priests to their kings of old did still submit , and were * judg'd , rul'd , controld by them ; nay f christ himselfe , g paul , peter , all th' apostles unto h caesars tribunall appeal'd , submitted ; if popes vicars be to christ , or peters successors , their see , goods , persons , lands , they must to emperours and kings subject , as did their ancestors ; they must no longer them judge , kill , depose , accurse , command , nor of their crownes dispose ; else they will prove the devills vicars , who all earthly kingdomes claim'd , [ as popes now doe in sundry h printed bookes ] and sayd i all these are mine to give unto whom i shall please ; but neither devill , pope have right to one kings crowne or kingdome , but k christ , god alone ; and kings from under them immediately . if popes lay claime to any , certainely they from the devill must their right derive , and such bad title , doubtlesse will not thrive ; which if they looke not well unto , i feare the devill will at last them to hell beare for their encroachments on his royalties . popes than forbeare this claime , if ye be wise ; christ , peter did no l earthly crownes possesse , therefore popes claimes to them are vaine , groundlesse . on popish ●mages . papists in lent ( a time of most devotion ) their images m still hide of their free motion in all their churches ; so that none can eye them when they pray . this practise certainely is an undoubted signe that images and pictures placed , us'd in rome churches doe hinder mens devotion , since they hid● them thus in lent : than lay them quite aside at all times else , since no saints heretofore had images in churches , or before them us'd to pray , bow , kneele , or worshipped them as romes creatures of late have learned to doe ; who pagan like stockes n deisie , and after them when lost like pagans cry , as some of late have done in spaine ; 't were well therefore if images were damn'd to hell , wherewith romes flocke as grosse idolatry commits , as pagans with theirs anciently . on romes doctrine and practise of equivocation . all rome for a false church should damne , flye , hate , because she teacheth to o equivocate ; the worst of all p lies , cheates , that is ; no truth can be in rome , who this defends , pursu'th . how can men pin their faith on romes church sleeve , whose doubling faith , words , oathes none can beleeve . they may more faith , truth finde in devills , then in most of romes popes , jesuites , clergie-men ; whose strange equivocations , lyes , should make , all them , and their false church quite to forsake . on papists blasphemous assertions touching the virgin mary , to the dishonour of god the father , and christ his sonne . q bernard de busti , and some romanists since him , record , that gods kingdome consists chiefely in these two , iustice and mercy : that god this last hath resign●d to mary as his kingdomes best halfe ; whence all who by gods justice griev'd are , may appeale and flye , from god to her , as men here commonly from courts of law , appe●le to chancery : who by her mercy , will them ayde , releeve against gods justice when ere it them grieve . so that if god in justice men condemne her mercy , mauger god , will absolve them , and free from condemnation ; if this be true , god's but halfe a god ; no god but she : god hath nought left but justice , which damnes all ; not one for justice , all for mercy call : mary hath all gods mercy ; is all grace nay mercies r fountaine : all then will embrace her for their onely goddesse ; all will flye , sue , pray to her , not one to god will cry ; nor yet to christ , who being just as well as mercifull , doth oft delay , repell poore sinners suites ( writes s anselme , ) when mary compos'd of nought but mercy , clemency , heares and grants all mens suites without delay , as soone as they unto her seeke or pray . so as all those who their suites would obtaine with speede , must unto her resort , complaine . which ( if true doctrine ) all to her will run , and christ , as mediator , be undone , since all will sue to her , who doth first grant , and ne're demand of god one thing they want for christ his intercession , but seeke all from her , whom they their t advgcate oft if these write truth , the virgin hath undone un-godded both the father and sonne : ingrost their mercy , office , di●ty , and made herselfe romes onely god : truely then well might bonaventure , in his psalter our lord unto our lady v change and alter throughout the psalmes : and the x lord sayd to my lord , sit thou at my right hand untill i thine enemies make thy footestoole ; translate ; the lord sayd to our y lady , sit thou at my right hand , untill i thine enemies thy footestoole make : and in like sort disguise , y o lord in thee have i put my trust , let me never be confounded , and to set it thus : o lady i my trust in thee have put , o never suffer me to be put to confusion : in thy righteousnesse deliver me , for thou art my fortresse : with sundry such like : this grosse blasphemy which romes popes church approve , use , justifie , to gods and christs dishonour , should now make all them quite to abandon and forsake . on romes novelties , notwithstanding her pretence of antiquity . rome is still vaunting of antiquity , though all , or most in her be novelty . her popes , arch-prelates , prelates , cardinals , arch-deacons , prebends , deanes , officialls , subdeacons , readers , clerkes , acolythists , abbots , abbesses , priors , massing-priests , monke● , friers , nunnes of all sorts , anchorites , con●essors , ●egats , pard'ners , jesuites , chancellours , vicars , proctors , commissaries , dataries , chaplaines , are all z novelties not found in scripture , mens late forgery . now since rome these her a church cals , deemes only , her chuch is but a novelty built on mens fancies , not on b christ the corne● stone : her blotting out the second commandement , and doubling of the tenth , to give content . her monstrous transubstan●●●tion , masse , ladies psalters , h●lfe communion ; her drinking of christs blood within the bread she eates , and that 〈◊〉 in the veines not shed ; making , ado●●●g gods , saints images , 〈…〉 crosses , pixes , crucifixes ▪ pray●●s to god in unknowne tongues : to saints departed , who cannot heare their complaints ; auricular confession , exempting delinquent clerkes from justice of their king ; election for mens fore-seene workes ; freewill , falling from grace , new miracles wrought still ; her markes of a true church , the priests intent essentiall to make a true sacrament , adoring of the host conditionally , if it in truth be turn'd to christs body ; saints seeing prayers in the looking-glasse o' th' trinity , to which mens prayers still passe ; her worshipping of all things with latry ( as crosse , speare , nayles , thornes ) which toucht christs body ; her pictures of our lady on a throne crown'd queen of heav'n , with christ a little one held in her armes : her praying unto her , c command thy sonne , shew thy selfe a mother ; d reliques of her milk , haire , combs , gowns , smocks ( all still fresh , sweete ) sinnes in nature veniall ; prayer to angels , limbus , purgatory , popes indulgences , pardons sold for money , for any sinne ; five new coyn'd sacraments , her publicke stewes allow'd to raise popes rents , her merits , workes of supererogation ; doubt , no certaine assurance of salvation ; popes right to both swords , their supremacy over all persons , clergie , laity : their excommunicating , deposing , iudging , nay killing kings , interdicting whole kingdomes ; absolving from loyalty and solemne oathes of that fidelity which subjects make unto their kings ; arming , exciting subjects ' gainst their lawfull king ; processions , pilgrimages , reservations of hosts in pixes , with their elevations , and adorations : lay men not to read gods word : that it must be interpreted , confirm'd by popes : that romes popes may dispense against gods word ; controll the text , and sense ; that popes are above councels generall , and must confirme , nay over-rule , and call them of due right : that councels cannot erre , nor popes in peters chaire , where they sit ne're : saints canonizing ; romes rich treasaury of merit , whereof popes must keepe the key ; cases reserved to his sanctity , buls , masses to free soules from purgatory , justification not by faith alone but workes , more mediators besides one ; that mary is the churches advocate , damning priests marriage , vowing celibate , saints legends , holi-dayes , strict abstinence from meates at set dayes out of conscience ; bowing at altars , shaving priests , nuns crowns , great difference in habits , coules , frocks , gowns , beades , pater nosters , aves , sayd by score , yea ave mary bels , not known afore time ; holy-water , holy-bred , candels burning at noon-day ; e christning , hallowing bells , palmes , churches , church-yards , altars , chalices , salt , spittle , chrisme , swords , pals , ro●bets , abbees , copes , altar-cloathes ; organs , strange duckes , bowings , nods , gestures , ceremonies , and crossings ; chaunting of masses , praying toward the east , chusing of some saints more than all the rest for certaine kingdomes , countries , diseases ; cities , professions like the pagans ; these with sundry other things , are novelties , not found in scripture , but mens forgeries ▪ cease then thy bragges rome , thy religion 's new , vaine , false ; ours onely is old , saving , true . on , and against romes halfe communion , and sacrilegious depriving the people of the sacramentall cup. tell me lewde rome , with what sense , reason , grace canst thou fly in our blessed saviours face ? and crosse his precept , f drinke yee all of this ; as if it were superfluous , or amisse ? yea , bid a non-obstante unto it , to christ , apostles , fathers , as unfit here to be follow'd , in a full g councell , and curse damne all those to the pit of hell who dare tread in their footesteps , or say , lay men ought to drinke christs cup , and him obey herein ; stiling receiving in both kinde , a perverse custome , error , as we finde in the councell of constan insolent , blasphemous act , against christs sacrament . had rome not lost her wits , sense , grace , all shame , she would not thus christs lawes annull , acts blame and those as h heritiques damne , & pursue , who hold the cup to be to lay-men due . to salve this sore : rome first saith , she being christs spouse , hath power , right to decree this thing . this i deny : no wives have power , right to . annull , or change those acts their husbands doe . the lawes of god and men , bid i wives obey their husbands mandates , not them crosse , gainesay ; she is no true spouse , but whore , who dares rent , divide or change her husbands testament . he is no good childe , servant , or subject , but rebell , traytor , who dares change , dissect his fathers , masters , princes testament , or their edicts oppose , controule or rent : rome is no true spouse , servant , childe , subject of christ then , as she boasts , who dares neglect , change , disannull his will and testament , and thus divide his blessed sacrament , against his precept : nor can she of right it doe . for what authority , law , might hath any wife , child , servant or subject ( commanded to k obey , nor crosse , correct , their husbands , parents , masters , princes will , and their acts , edicts , pleasures to fulfill ) to alter , nullifie , halve , disobey their testaments , acts , edicts , or to stray from , runne crosse to them ? romes church cannot be more than christs spouse , childe , servant , subject ; she then being no more , if this , cannot cancell christs ordinances , nor his lawes repeal , much lesse deprave , pervert his testament , his cup restraine , divide his sacrament . christ threatens l death to those who dare detract ought from his word , much more from his last act , the sacrament , by his death ratifi'de , and m doe this as oft as ye drinke : beside , christ doth forbid to n stea●e or take away what is anothers right : none can gainesay christs cup and blood to be the peoples right as well as priests ; since christ in the same night he did ordaine the sacrament ; bids o all to drinke of his blest cup in generall ; and p shed his blood alike for all ; as much as well for laymen , as for priests , and such as be in orders . since then lay-men by christs owne gift , charter , as great property and right have to christs cup , as romes clergie or any pope or prelate ; certainely it cannot but be sacriledge and theft them to deprive of what christ to them left ; and that at his death , by his testament , to which the church must yeeld , not disassent . christs owne apostles here had no right , power to change his acts , lawes ; hence our saviour tels them q if ye love me , my commandments keepe : adding , for he who loves me , assents to , and keepes my commandments . romes church then who keepes not christs commandments , and doth when she please , annull , controule his acts and will , loves not christ , but rebells against him still . all the apostles , and s. peter say r we ought rather god than men to obey , therefore we rather must obey chri●t here who bids us drink , than popes who say forbeare . the sacred cup , blood in the sacrament is the s seale of christ cov'nant , testament : whence christ not of the bread , but cup saith , this cup the new testament in my blood is : now christs covenant , will , as t unchangeable are as the day and night , impossible once to be cancel'd , and stand fast for ever ; therefore none can the cups seale from them sover , containing christs blood of the covenant ; which will be voyd , if it this great seale want . when christ gave his apostles their charter and grand commission , he expresly there thus bounds their power , saying v goe ye and preach the gospell to all nations , and them teach all things for to observe whatsoever i have you commanded : adding , and loe , i am with you alwayes unto the worlds end . sith christ then did his owne apostles send forth , but to teach all men to observe whatever he commanded , and not swerve from it unto the left hand or the right : how romes popes , church have now more power , might , right than peter , the apostles had to change , repeal christs will , acts , edicts , seemes most strange to me , and she must shew me some expresse commission from christ , which doth theirs suppresse , and give popes power to rob the laity quite of christs chalice , given formerly unto them by his will , and that popes be exempt from christs injunctions now , though he be alwayes present in his church as king and supreame lord , directing every thing ; or else i must deny that popes justly may take christs cup thus from the laity . when paul th' abuses in the sacrament at corinth would reforme , he that church sent x vnto christs owne prime institution , blaming them first for its transgression , and then informes them very punctually ; i have receiv'd of the lord that which i also delivered unto you ; that the lord jesus in the selfe-same night that he was betray'd tooke bread ; and so forth : after supper he tooke the cup in like manner adding this clause to both ; as oft as ye doe this , doe it in memory of me . for as oft as ye eate this bread ; and this cup drinke , ye shew the lords death untill his comming againe : by which words it is plaine , all must drinke christs cup till he come againe . since paul then doth them checke for varying from christs first institution , injoyning all to conforme thereto ; i hence clearely conclude romes church hath no authority or right at all from christs first forme to stray ; much lesse his cup , blood , thus to take away from laickes , who must it drinke and retaine by this texts warrant , till christ come againe . the scripture calls the blessed sacrament the lords y supper and table ; with intent to signifie , that as all constantly doe z drinke as well as eate when called by men to sup with them at their tables : so christ would have all the guests invited to his sacred table supper , as well drinke his wine , as eate his bread , else they might thinke his feast defective , and himselfe to be a niggard , not a bountifull , good , free house-keeper . this was it which makes him cry ▪ a come drinke o friends , yea drinke abundantly o my beloved : b drinke ye all of this and drinke it freely . c christ hath prepar'd his d wine as well as bread , meate for his feast , as scripture oft recites , that so no guests might depart thirsty . this his bounteousnesse rome now controules , and deemes it an excesse , and therefore sends all from his supper dry except masse-priests , who drinke the wine onely ; to christs dishonour , his guests discontents , who neither love dry feasts , nor sacraments . when lords e allow wine for all guests to drinke , all will those lewde , presumptuous servants think who dare eclipse their liberality , and send their guests away from supper dry . thus rome deales with her lord christs guests : i feare she will one day for this affront pay deare . if any urge , that f moses anciently in cases of divorce did really dispence with gods owne law ; therefore popes may the sacred cup from lay-men take away . i rejoyne ; moses did not this thing by his owne meere power and authority , but by expresse g command from god , which we in sundry texts upon record yet see . but popes have no command from christ to take away the cup : see then their grosse mistake and absur'd argument : moses , say they , by gods command , did let men put away their wives in certaine cases , contrary to the first law of marriage ; formerly enacted : therefore popes without command from christ , by their owne might may countermand christs institutions ; and quite take away his cup from people who are meerely lay. a grosse inconsequent . but if that i grant , moses by his owne ( authority did this , which is not true ; yet popes must next prove their power as great as his from some text , and that this cause of divorce , arbitrary at mens free choyce , and practised onely by few , ) is just the same , with popes taking the cup by force from all lay-men : which thing sith they can no wayes prove , they must confesse their wicked error , theft , and it redresse . but romes popes here object , this precept was given to priests alone , who in the masse still drinke the cup ; not unto lay-men . i to this evasion shall first thus reply : that if , drinke ye all of it , were spoke to th' apostles onely as priests , not lay ; so likewise must , take , eate , this is my body ; be spoken to , and meant of priests onely , since both were spoke to the same men , at the same time , and this word , all , we clearely see omitted in the breads delivery , and exprest in this of the cup onely , will this enforce ; which if true , then you may as well the bread as cup now take away from all lay-men ; and so deprive them quite of the lords supper , bread , wine , priests sole right . lay-men have right to both kinds , else to nether ; rome must then keepe back or give both together . but was it spoke to priests onely ? why then doth rome deny , ( as well as to lay-men ) the cup to h priests who doe not consecrate , and by trents acts , leave them in lay-mens state ? christ onely hallow'd by consent of all , the bread and wine at first ; and did not call any of his disciples to assist him in the consecration : yet then christ sayd to them ; i drinke ye all of this ; and they k all dranke thereof , as in marke read you may . it s then against christs precept , practise , to deny the cup to such priests , as you doe ; or unto any who communicate , since christ words to all such alike relate . but how knowes rome , that at this sacrament when first ordain'd , none but priests were present ? the twelve were present ; but than they onely were there , no text doth prove infallibly . but grant it true ; they did not receive then as priests , apostles , but as christian men and members of christs body , church , which they there represented ; else no priests nor lay men any ground had to receive the bread or wine at all , ●●th christs words related onely to the apostles then present , to whom he spake and gave the sacrament . since therefore they first received bread and wine in this sense onely , as all grant , define : then all lay men have as good title right unto the cup , as any jesuite , pope , priest , or prelate . nor can rome , say they , receive them as they were priests , but as lay. for rome resolved hath in l trents councill that the apostles were not made priests till after the consecration , and the bread no sacred cup to them delivered ; and that by vertue of these words ; doe this in remembrance of me ; which they say is , the ground , and forme of her new sacrament of orders , priesthood . then by romes assent not being priests till these words uttered , they were laymen whom they first receiv'd . the bread , wine ; since paul addes , christ sayd , m this doe in my remembrance , after the cup too . which clause if it makes masse-priests all shall be created such priests , who receive ; which she cannot gaine say , since all men equally must take the bread and wine in memory of christ , and doe this , in as ample wise as any masse-priests : whence this will arise , that all receivers are n priests ; and therefore none must be kept from the cup any more . adde , paul c●rists words applyeth equally to all receivers , priests or laity ; and makes the cup as common unto all as is the bread . hence he is generall of the faithfull jewes writes o that they did eate all ( as we doe ) the same spirituall meate , and did all drinke , the same spirituall drink ; for they dranke of the rocke christ : if you think this proofe not full enough , he writes to all the k church of corinth , saints in generall , l ye cannot drinke the cup of the lord , and the cup of divils , which can never stand together ) ye cannot partakers be of the lords table , and partake of the table of devils : in which notable text the cup is twice m plac'd before the table and sacred bread ; and eke appropriated to all the faithfull , as well as the bread . he addes , n for as oft as ye this bread eate and drinke this cup , ye the lords death repeate and shew forth till be come : wherefore ( o thinke of this ) who ere shall eate this bread and drinke this cvp of the lord but unworthily shall be guilty of the blood and body of christ . but let a man well examine himselfe , and so eate of that bread divine and drinke of that cup : for he that eateth and drinkes unworthily , eates , and drinketh da●●ation to himselfe . christ by s. paul declares the cup as common unto all as is the bread . that laymen must it drinke as well as priests , whence he the bread doth linke five times together with the cup. cup , bread eate , drinke are still conjoyn'd not severed : all must them both receive , or both forbeare , what o christ conjoynes , none must asunder teare . all lay men must eate , drinke , as well as priests , else they prove rebles and meere antichrists ; yea , barre themselves both from the life of grace and glory too ; witnesse that noted place in john. p except ye eate the flesh , and drinke the blood of the sonne of man , ( which priests thinke meant onely of the sacrament , though then not instituted , nor made knowne to men : ) you have no life in you . whoso eateth my flesh , and my blood ( by true faith ) drinketh , hath life eternall , and at the last day i will raise him up : for my flesh ( i say ) is * meate indeede , and my blood drinke indeed ; ( which crosse conversion stands rome in no steed but damnes that transubstantiation which she endeavours to erect hereon : ) he that eateth my flesh , and drinketh my blood , dwels in me , and i in him , ( onely spiritually , not corporally . ) here christs flesh and blood ; eating , drinking , appeare foure severall times combined : and drinking christs blood is thrice made a most needfull thing to gaine eternall life : nor can rome cry , that this was spoken unto priests onely ; for 't was spoke to the people , as is cleare by expresse words , and christs whole discourse here . besides , it differs q eating from drinking oft times , as a distinct and diverse thing ; and make both equally needfull . therefore rome to lay-men the cup must now restore ; else she will rob them of life eternall , of christs blood , and to hell fire damne them all . to shunne this rocke , rome saith , r that lay-men drinke christs blood in eating the dry host : i thinke none but meere sots devoyd of reason , sense , will be deluded with this grosse non-sense . is any man so simple once to thinke that he wine , cyder , beere , doth truely drinke in eating dry grapes , apples , barly , meate ; or that he drinkes swines blood when he doth eate blacke puddings ; and so needes not for drinke call because he drinkes wine , cyder , beere in all reasons , bread , apples , meates he eates ? truely i ne're yet heard , nor read in history of any so besotted as to thinke , that in bare eating , he did truely drinke wine , beare , included in dry bread onely , and eate , drink , both in one , for company . should priests tell children , fooles , ( than how much more wisemen ) when they eate bread , dry meates good store and then call for wine , beare , that they neede none because they truely drinke wine , beere alone , in eating bread or dry meates ; they would cry forthwith , they did but them mocke , cheat , belye , and give no credit to their words at all but them meere lyers and impostors call . should priests in this sort onely drinke at table they would this shift damne as a senselesse fable ; why are lay papists then such blockes to thinke their priests speake truth , in saying that they drinke christs cup , blood truely , in eating dry bread ? no doubt their wits are lost ; their senses fled . should they tell priests , or priests tell them when as they feast at home in private , not at masse , that they drinke wine in eating of their bread , neither by either would be credited : how then can they beleeve they drinke truely christs cup , blood , when they eate the bread onely ? all know that eating is not drinking ; they in s scripture , authors , speech , use are alway distinct things , and still put as opposite , one to another . how then dares rome write or pope decree such nonsense , that eating is drinking , drinking eating , both , one thing ? when each man , child , foole knows the contrary , and may here justly say they erre and lye . are they the same ? why then did christ say , t eate and drinke ? yea , both of them so oft repeate , as different things ? why doe priests both eate , drinke and as to them eating no drinking thinke ? if lay-men drinke in eating , not priests , then they can doe more than popes , priests , clergie-men : if priests in eating drinke as well as they , the cup must then from priests be tooke away , lest they drinke twice for once ; nay eate twice too in drinking ; wherein v rome holds her priests doe eate christs body , conjoyn'd unseprably vnto his blood ; and by concomitancy is eate in drinking . but if neither drinke in truth in eating bread , why doth rome thinke she doth it , against scripture , reason , sense , christs expresse verdict , and experience ? men alwayes chew the things they eate ; and they hard , solid , dense ( not liquid ) things alway , ( the objects of eating ) are sayd to eate ; they swallow when they drinke ; not chew ; not meate , bread , solid things , but liquors , drinkes onely , the objects which men still drinke properly . men take what they eate with hand , knife , spone : sup , quaffe what they drinke out of some , pot , glasse , cup. it is a contradiction then to thinke , say , he that eates the bread , doth truely drinke the cup thereby . o papists now espie , renounce romes monstrous nonsense , foolery . christ bids all eate and drinke still distinctly , not both in one ; and that successively : x first eate the bread , next drinke the cup , that he at first ordained , and them gave , thus the apostles still tooke them successively in former times ; but those who drinke onely in eating of the bread , doe both together in one act , moment , and doe not them sever . christ bids men y drinke ; not eate his blood ; but they who take it in the host , it eate alway , not drinke at all ; as men doe onely eate blood in blacke puddings , fowles , or strangled meate , wherein blood is contain'd : nay he bids all here not drinke of his blood in generall , z but specially to drinke it in the cup and wine . now those who onely drinke it up within the bread ; and neither cup , wine take , transgresse christs precept , and his forme forsake ; the bread is not the cup , wine : christs body is not his blood ; these differ really one from another ; then those who onely the body , bread eate , cannot possibly be sayd to drinke the cup , wine , blood thereby . this to evade , romes a doctors will reply , that christs body under the forme of bread containes his blood , and is accompaned still with it ; therefore those who eate the one doe drinke the other in it , not alone . but christ himselfe thought not so , when he the lords supper first ordained , sith that he commanded all to b eate his body in the bread alone , his blood to drinke within the cup and wine onely , not in the bread , which he from cup and wine distinguished . those then who eate the body , bread onely , can not the cup , wine , blood thus drink therby as christ enjoynes them : nay , the sacrament ordain'd by christ to this end and intent his c blood-shedding and death to signifie , is quite subverted by this novelty : for blood within christs body and the bread , unshed , cannot christs passion and blood-shed in any lively manner represent ; and so cannot be a true sacrament of christs death , bloodshed : who saith expresly d this cup is the new testament in my blood which is shed for many , for pardon of sinnes ; of which there 's e no remission without the shedding of christs blood ; f wherein , whereby we are washt , cleansed from all sinne . you must then in the sacrament , drinke up christs blood not in his body , veines , but cup , as shed and sever'd from his body on the crosse ; else you his bloods effusion , and sinnes remission cannot represent , by an unbloody host or sacrament : which can no comfort to mens soules convey since it christs blood-shed , death doth not display . adde , that christs body in the sacred bread is eaten , not as living , but as g dead , nail'd , broken on the crosse ; quite voyd of blood , all shed out of his body for our good ; as three evangelists , saint paul , and he expressely witnesse . his blood can't then be drinke , taken in his body , which is dead , and out of which his blood is wholly shed ? besides , admit his blood inclos'd to lye ▪ within the host , and veines of his body ; yet since none drinke , but eate the host alway , and eating is not drinking ; none can say that those who onely eate the host , body , doe drinke the blood in truth , or properly . more ; rome takes that for granted which she can not prove ; nor all the learning , wit of man make good ; that christs true body , blood combinde are in each host received in their kinde , and proper substance : a grosse forgery : for grant christs blood be there substantially , ( which i deny ) it is still there as shed within the cup , wine onely , not the bread. this christ himselfe resolves . it s then most cleare that those who eate the bread onely don't there in christs blood eate , or drinke in any kinde ; but grant they doe it : did christ himselfe minde , know , understand this crochet when as he ordain'd the sacrament , or not ? if ye say no : then how come you now to know more , and understand that christ knew not before ? and that in point of his presence , being in the sacraments of bread , wine ; the thing which he himselfe ordain'd , and so should know far better then ; than rome , you can doe now ; unlesse you make christ ignorant , and so no god at all . but if he knew it tho , that those who eate the bread doe really therein his blood drinke , and receive ; than why did he ordaine the cup , and command r all to drinke of it , in such a speciall strict manner ? which had beene superfluous , had all within the bread his blood drunke thus . sith then christ did ordaine the sacrament in both kindes , and gave expresse commandment that all should drinke his sacred blood , as shed , within the cup , wine onely , not the bread , i may conclude , ( sith christ did nought in vaine ) that the dry host doth not christs blood containe ; and that those who the body , bread onely eate , cannot therein drinke christs blood truely . rome then christs cup to lay-men must restore , and with these non-sense lyes , them cheate no more . to say , the scripture speakes of s breaking bread onely , in some texts , the cup not named ; therefore they did receive the bread onely without the cup : is an absurdity , since eating , breaking bread doth there imply a full repast , with meate , drinke , wine , not dry bread onely without drinke : hence when we pray t give us this day our dayly bread ; all say , professe we therein pray for wine , drinke , and all things of which our bodies in neede stand . but say these texts be meant of bread onely , and of the sacrament , ( which i deny : ) without the cup or wine , yet they imply not as rome dreames , that eating properly is drinking , and that those who eate the bread doe therewith drinke christs blood in veines , or shed ; the thing in question ; or that priests onely must drinke the cup ; but proves the contrary ; that both priests , people , must the cup forbeare , because in these texts no cup , wine , appeare at all : and that priests may well consecrate bread without wine , sith these texts nominate no cup nor wine them used ; rome must take the cup away quite , or these texts forsake . the ( v ) inconveniences she doth pretend to justifie her theft , are to no end . since christ , no doubt , did them foresee , as well as rome , yet none did from the cup repell ; rome then must be more carefull , wise , than he , or else disclaime these shifts , which idle be . the danger , lest some drops of it should shed ; is common to the crums of sacred bread , as well as to the cup ; which priests shed may as soone as laicks , and as ( x ) casuists say , in drunken sits may chance to vomit up christs blood they dranke out of the sacred cup. whence rome hath made decrees for to redresse this mischiefe , in the case of priests excesse ; so that rome must both of the cup deprive , or it alike to priests and people give . the next pretext , of the wines waxing soure , is vaine , since no wine in one day or houre will putrifie , much lesse christs blood : and bread as well as wine will mould , be corrupted : yet you reserve it in a pix , not wine , till it grow stale : you must this shift decline . the danger of its sticking on the beard of those that drinke , was never thought of , heard in former times by any ; and you may with better colour shave mens beards away ( as you doe y priests for this cause ) then deny the cup to them , l●st their beards it come nigh . however , since youths , women , beardlesse men have no beards to steale christs blood ; you must then to all these give the cup and yet deny to none but men with beards ; on which truely since crummes of bread may chance to sticke , as well as drops of wine : rome now must them repell alike from both : that some want wine , therefore rome may the cup take from those who have store ; is most absur'd : and she may likewise say the bread must be from all sorts tooke away that have bread ; because some countries have , eate no bread at all , but live on rootes , fish , meate . but where no wine is , there priests , laity , are both alike ; none drinke , both are still dry . that some loath and can taste no wine , therefore those who can drinke it , must not drinke it more , is most ridiculous : some love not bread , must none then with the sacred bread be fed ? if so , then neither priests nor laity must henceforth to christs supper once draw nigh . the danger of infection some pretend , romes transubstantiation doth quite end , for if the bread and wine be really christs body , blood , they cannot certainely receive , nor yet convey infection to any ; nor reade i that any one tooke any sicknesse ( poxe , plague , leprosie ) by drinking christs cup in sincerity as he commandeth : nay , christ who cures all kindes of diseases , will not let them fall on such who thus obey his sacred will , but will preserve them from contagion still . adde , that the bread may be infectious through priests , clarkes , bakers , hands , nay poysonous as well as the cup , wine , blood , for z henry the seventh ( emperour ) was poysoned by bernard , and victor the third in the bread , as a henry of yorke , king b john were poysoned with the cup , by monkes and clergie men : neither of both are christs body , blood then , but bread and wine for substance : and if you this inconvenience further will persue , you must the bread as well as wine remove , since both ( through priests meanes ) may infectious prove . paul saith , he c that eates , drinkes unworthily eates , drinkes , damnation to himselfe thereby ; if then this greater danger must not drive men from christs supper ; nor good men deprive thereof , though certaine : this lesse danger you pretend , but casuall , not like to ensue , must not debarre the people from drinking the cup : much lesse the plea of differing the clergie from the publike laity : for since christ for d both equally did dye and shed his blood ; yea , the e cup to both give a●ike ; none must them of this right deprive . t is more than devillish pride for to deny laickes the cup , to rayse priests dignity , and to subvert christs very sacrament , ( which bread alone cannot well represent ) yea hurt mens soules , to mount masse-priests on high and them advance above the laity . to close up all : romes f pope gelasius in his unerring chaire determin'd thus ; in this same case , long since , ( when some onely would take the sacred bread , and then deny the sacred cup to drinke , because they were perswaded wine was ill , and did forbeare it onely from this superstition : ) that priests such people with great caution , should cause to take both elements intire , or drive them from both : if you now desire his reason , marke it well : because that one and the same very sacrament alone can no way possibly divided be without great sacriledge . in which decree , rome these particulars , well worthy note , may see defin'd against her g constans vote . first , that lay people in the eucharist must drinke the cup still , as well as the priest . next , that the manichees did first invent the halfe communion , and halfe sacrament . because they thought wine in it selfe to be unlawfull . thirdly , that by this decree mens false perswasion in their conscience that wine is simply ill , must not dispence with , nor exempt them from the sacred cup but they must drinke it here , or else not sup with christ at all , nor taste his bread and body : whence i against romes church shall pleade strongly ; that if those who thought wine in conscience unlawfull , must yet drinke it in plaine sense within the cup , not bread , at sacrament , or else be from the bread , and church out-pent , and quite secluded : then much more must they who deeme wine lawfull , not be kept away from the lords cup ; but drinke it punctually ; nay be for'st to receive it constantly if they refuse it : and by this decree eating to be no drinking , all may see . next that popes , prelates , masse-priests , must compell all to drinke of christs cup , or else repell , them from the sacred bread . but romes clergie , popes , prelates , priests d●e now quite contrary : compelling laymen to eate bread alone , vsually suffring not so much as one of them to drinke the sacred cup : nay the councells of h constans , and trent , thus decree : that if any priest shall exhort laymen to take the sacrament in both kinds , then for this offence , or if he admit any thus to receive , he shall be presently excommunicated ; and if that he perssist herein , he shall condemned be and censur'd as an hereticke : yea i lay men , who shall be so bold as once to say as this pope doth , that it is sacriledge , vnlawfull , or erronious to abridge them of the cup , shall for this cause onely be persecuted , punisht grievously as heretickes . o strange , prodigious decrees ; quite crosse to pope gelasius ! fiftly , that those who eate the host onely drinke not christs blood inclos'd in his body ; nor take they the whole sacrament , but it divide in halfe , and into peeces split : which k constans & l trent councels both deny , belike they love truth , popes to contrary . sixthly , that not one element alone , but both together taken by each one , christs bloody death compleately represent ; and make up one intire sweete sacrament . in fine , that none can sever or divide the bread and wine , or put the cup aside taking the bread alone , or give it to lay men without the cup , ( as priests now doe ) without great sacriledge : and if that they who thinke wine ill in point of conscience , may nor here the sacred wine refuse to drink without great sacriledge ; then all must thinke those sacrilegious in the top degree who deeme wine lawfull , and will drinke it free in tavernes , and all places else , but here in christs owne supper it forbid , forbeare . these seven conclusions , pope gelasius hath in his chaire decreed of old for us , in his decrees , which rome cannot gainesay , since part of her owne l canon law this day . now tell me rome , did this pope erre ? if so ; then popes may erre in chaire like him . if no ; then thou and thy late popes , masse-priests , councill of constans , trent err'd grosly , and erre still ; yea they commit great sacriledge each day in taking , keeping , christs cup , blood away from laymen , contrary to christs command and this decree , which they doe much withstand . o rome , now see thy great impiety , grand sacriledge , theft , grosse iniquity in robbing laickes of christ cup , wine , blood , which be bequeath'd them for their endlesse good . and making them thinke m this is my body , pronounced by the priest , doth really the bread into christs body ; change when they recited in the masse but to display what christ once did and sayd of old , when he ordain'd the sacrament , at most can be but a n recitall of an history , and of no more force to make christs body when uttered in the masse , than when they read in the gospels themselves , since t is granted by , and knowne unto all that the reading of any story doth change , make nothing anew at all . the reading the story of the creation , christs nativity , death , resurrection , miracles , effects no new creation of the world ; reflects the old , not makes a new nativity , death , resurrection of christ really : therefore this is my body spoken by the priest , not christ himselfe , rehearsively can worke no reall change of bread into christs body . and if bread be chang'd 't is to the priests owne body , who saith , this is my body , not christs ; who being christ onely in represent when he doth consecrate and use these words , which now to him relate the bread can be christs body onely as the priest is christ himselfe , when he saith masse , and that is not in truth but represent , rome cannot from this cleare truth dis-assent . on , and against , popish and superstitious bowing to altars , and rayling in the lord tables altarwise . no patriarches , prophets , saints for ought we finde in sacred writ , once bowed or inclin'd to , or before their altars : though a built by command from god , and did christ typifie . altars of old , and sacrifices too did b represent christ , as bread , lords boords doe : yea , they on altars c ate the selfe-same meate [ christ ] in their sacrifice , as we now eate . yet none did then to , towards altars bow , why then must we bow , congie to them now , or tables , or the sacred element , which christ , no more , than theirs did , represent ? they had the self-same ground , to bow as you , yet did it not , nor ever thought it due , as you doe now : either you erre , or they : judge whether is more like to goe astray . why doe ye then , since d altars overthrow by christs death , to , before them cringe or bow ? are they now growne more sacred then before , by mens erections , that you them adore ? if they had no such honor done them when set up by god , why now , when made by men ? if not against , at least besides gods word : perchance because mens owne , they are ador'd . if you say you bow to them as a table , not altar ; sure i thinke it is a fable ; your language doth betray you , you it call e an altar ; altarwise against a wall you fix and ●aile it in , and still you say , you to the altar how ; before it pray . but be it so , where doe you read that now men to lords tables ought to stoope , or bow ? did christ , or his apostles doe it ? no , much lesse command it ; why must we doe so ? we read , when christ ordain'd this sacrament they all f sate round , not to the table bent . had they so done , or wil'd us so to doe the text had sayd they sat , yet bowed too . what are ye now more holy , or more wise than christ or his apostles , to devise an inclination , which not one of them did ever use , command , or of it dreame ? belike they were meere rustickes , never knew fit table congies , they must learne from you . all worship , honour , bowing , are g gods fee , right , due alone , and must not given be to any creature but by his expresse command or license ; you then much transgresse in yeelding honour , worship , reverence to altars , tables , without gods license and warrant ; which you never can produce out of his word : for shame leave this abuse . but you have reasons for 't : did they them know ? if you say yea , why did they not then bow ? belike they were too weake to bend them : why are they so strong than you to bow awry ? if no , they were then ignorants to you , and must learne from you now , what they ne're knew . christ , his apostles must be put to schoole to learne of you to cringe , bow , play the foole . but may we know your pond'rous reasons why you bow , stoope , ducke thus ? you shall instantly . first , h gods house is a place of reverence ; therefore when we goe in , ( i ) or out from thence , we must to , and before the altar ●end : i doe deny the consequence , good friend , till you can prove this holy reverence , an altar-cringe , going in , or out from thence , and that good iacob did bow and adore to , and before the altar heretofore . well , that is done ; k moses and aaron fell vpon their face at doore of tabernacle . true , but what then ? they fell flat on their face , not bow'd , like you , to supplicate for grace , not cringe and so away , as you adore ; not at , to altars : if you say no more , all that your wits can rack from thence will be , you must at , to the church doore , bow your knee , fall prostrate on your face ; but once , not still , not to an altar , if you will fulfill this text : nay at the church-doore make a stay , fall downe , rise up , not enter , then away , like them : and since it saith not , they did fall to , before th' altar [ not nam'd there ] twill mall your cause to peeces : they then did not bow to , before altars , you than must not now . the altar of burnt offering l stood before , and quite without the tabernacle doore ; the laver standing twixt the doore and it by gods expresse command . see then how sit this text is for your purpose : moses fell on his face at the doore o th' tabernacle with his backe to , face from the altar [ then behinde him unsaluted , ] therefore men must towards , to , before the altar bow ; and turne their face , not backes still to it now . a strange non-sequell , men must doe quite crosse to moses , and this text , as you it glosse . he fell downe once , no more , and that behind the altar , not before it : if you minde his steps to trace , you must fall once no more , and that behinde your altars , not before . which now you may not , cannot doe at all , unlesse you quite remove them from the wall , into the middle of the church or quire , their place of old , where men yet still desire lords tables should now placed be . this text you see makes nothing for you : what 's the next ? but , m hezekiah when the offering ended , with all the people bowed , worshipped . true , but not towards , to , before the altar like you , this text then is become your halter . we reade of many who n bow'd downe the head towards the earth , and god so worshipped , in places where no altars were , therefore they did not towards them , but earth adore . we finde not in gods text , one nam'd who to or towards altars did his worship doe . which had they done , and it were exemplary it had not beene omitted in the story : which saying stil ; they o bow'd to , towards the ground or earth , your altar worship doth confound : had they bow'd to the altar , then you had urg'd something ; now your case proves very bad . they did not then unto the altar bow ; therefore you must and ought to doe it now ; is but meere non-sense , and a running crosse to them : your cause , and you are at a losse ; this king and people joyntly bow'd their head together ; and god joyntly worshipped ; you , one by one : they when they sacrificed vpon the altar , and new hallowed the temple ; you when as no sacrifice is offered , or upon your altar lyes : they bow'd once , when the sacrifice was ended ; you oft , ere it begins ; o well defended ! but yet , the p psalmist and the liturgie bids us , come worship , fall downe , bow the knee before the lord our maker : very true ; therefore this bowing's to the altar due : a learned sequell : men must kneele , adore , and bow before their maker , lord ; therefore to , and before the altar : i thinke then not god , but altars made you priests , or men . if altars be your makers , you wood , stone , it 's fit you should bow , kneele , to them alone : but if god onely , you must then bow , fall , kneele before him alone , and on him call , by this texts precept , which whiles you apply to altar worship , you confesse thereby , you bow to god and altars both alike , take heed his q venging hand doe not you stricke . if that you say , you bow to god thereby ; t is false , it is to christs humanity and r body at the most , which you say there is present on it : grant this , yet you erre from this your text , since christs humanity is not your maker , but the deitie : and to adore christs body and no more without his divine nature , heretofore was alwaies judged grosse idolatrie , since but a creature , and no deitie . this text then doth your practise quite confound , yea casts your cause and it downe to the ground . as for the liturgie , it saith no more but what the text , it helpes you not therefore ; nay it strikes dead , & quite confounds your cause , because it ever reades this psalme and clause , not when you downe before the altar bend at the communion , entrance , service end , or second service ; but ſ before the psalmes at morning prayer only , which thing quite calmes your new devotions : for by this you must kneele , fall , bow downe , before the altar just when this psalm's read ; all joyntly , not before , after , or single , as you now adore : but sith you bow not to the altar when this psalme is read , nor kneele , fall downe , but then doe alwayes stand , or sit , by this you shew both text and church-booke your cause overthrow , and either you against them both offend in not adoring when they bid you bend , or else you make both church-booke and this text no warrant of your cause , but a pretext . yet we , t when we thus bow and fall before the altar , god , not it doe still adore . first , shew where god commands you thus to bow to him before the altar ; this i know you cannot doe : in all the texts you name , there is no scripture warrant for the same . it is u will-worship then at best , not true ; nought but commanded worship is gods due . x who hath required these things at your hand ? should make you and this worship at a stand . we must not to our parents , kings , men , bow but that god doth y command , and us allow to doe it ; much lesse may we bow before an altar , table , or them once adore ; which are more base and vile by much than we , and z therefore by us must not worshipt be with cap or knee , sith god forbids us to a bow downe to them , or to them worship doe . but you bow unto god alone , not so , you say you doe it b to the altar to ; there is an holy reverence due to it ; which you unto it give , as just and fit , both joyntly , in one bowing and prostration to god and it : the selfe-same adoration you give then unto both ; is god's divine ? then altars too , you cannot it decline . both have the same for time , act , motion , place , therefore the selfe-same worship , honour , grace ; and so you act most grosse idolatry in joyning altars thus with god most high . if that you give to both like reverence , not worship ; god no doubt will take offence that you give like and equall veneration to him and altars ; it 's no christian fashion ; nor courtly neither , for if any one should equall worship give to king and throne , and both at once in selfe-same sort adore he would be trust up , or thrust out of doore . you should doe well then to distinguish that worship , you say , you give to god , from what you yeeld the altar , in time , gesture , shew , that they , you , others might their difference know but doe you give to both like honour ? i presume the altar hath precedencie . were not the altar there , you would not bend ; from it your bowings spring , to it they tend . if altars then this worship cause , and share therein with god , they most adored are ; god for the altars sake , first : they for his : the altar hath more share than god in this ; he is beholding onely to the altar for this his worship , which else would quite falter ; remove but it , gods worship 's at an end ; it doth then from , to it , not god move , tend : you then commit the same idolatry as pagans , papists , in their imag'rie : image and altar worship are the same in substance , differ but in object , name ; they say c they doe god worship and adore when as they bow , kneele , fall downe , to , before their idols ; not the stockes or images themselves : if then their worship god displease , your altar worship cannot but doe so ; they are the same , you cannot say me no. your reasons , grounds , excuses both agree , they are but one in substance then we see . you say d you bow not to the altar , table , but god alone . no doubt it is a fable , your words betray you , and in termes you doe confesse you bow to god and altars too ; e deo & altari , you in print confesse , to both conjoyntly ; see your guiltinesse , you all acknowledge that you bow before the altar [ which you eye ] to god ; therefore you worship it , before it , and thereby make it an idoll , act idolatry . to worship god , and before god , are f one in scripture phrase , and due to god alone . the g psalme you urge , with other texts , therefore injoynes all to fall , worship , kneele before their lord and maker onely ; how then dare you swerve from it , and openly declare , that you before the altar bow , adore , as well as before god , if not farre more ? are you then guiltlesse of idolatry ? not so in scriptures judgement , for thereby bowing h before an idoll , is the same with bowing to it , and hath equall blame ; both are alike idolatrous : this you may from the devill learne to be most true , who tempted christ , to fall downe and adore i before him onely , not desiring more : christ this refused ; marke his reason why , it s written , thou shalt worship god onely ; if then to worship , bow downe , kneele before an idoll , devill , be them to adore as scripture , christ , resolve , and we must all before god onely worship , bow , and fall religiously ; your worshipping before the altar , is it , not god to adore ; and to give that to altars which onely is due to god ; which is idolatry . see then you vaine distinctions , whose conclusion will be nought else but your shame and k confusion , but yet we reade , the l iewes did heretofore towards gods mercy-seate , looke , pray , adore , and lift their hands ; m good reason then that we should to the altar looke , pray , bow the knee , it being now gods onely mercy-seate , yea the most holy place , where we christ eate . well argu'd gentle sir , you here descry your learned logicke , and divinitie ; the jewes did never towards their altars bow , pray looke of old , therefore you must do 't now : they looked , prayed towards the mercy-seate , not altar ; this your cause doth cleane defeate . but when , and why look'd they sometimes that way ? ( in speciall cases onely , not alway : ) because n from thence god promised to grant an answere to them , when they should it want , and there to meete them , to declare his will and commune with them , which he did fulfill : this made them looke that way , because from thence god did his answeres unto them dispence as men stil turn their face towards those to whom they speake , to places , courts whence answers come . but god no answers from their altars gave ; hence they lookt , prai'd not so towards them ; you have no reason , ground , then hence to worship , bow or pray towards altars , or lords tables now , since they did not : and god doth not from thence his sacred will o , word now to men dispence , but from the pulpit , and the reading pue , your bowing then to them [ if ought ] is due . these , not your altars , are gods mercy-seat , if ought now , p whence he doth his will repeate , reveale afresh , by those who r represent his person , and from him to us are sent : but that your altars merci-seates should be more than the jewes of old , is ſ senselesse ; ye have neither scripture , reason , ground at all to warrant it , and so your cause must fall : the t mercy-seate was made of purest gold with cherubs at each end , and stood of old above gods arke , on high , like pulpits u whence god did his will and answers still dispence . on it no shew bread , incense , sacrifice , stood , or were offred ; therefore in no wise can you make altars , tables now to be gods mercy-seate : hence then your dotage see . and , if you will bow , cringe to mercy-seates , you must hence-forth to pulpits doe these feates , as x once the jewes did bow downe and adore before the pulpit [ if ought ] heretofore . but you say y our altars and tables are sanctum sanct●rums : here you more declare your brain-sicke non-sence , dotage ▪ then before . there was z but one most holy place , no more , in former times , there must be millions now if you speake truth , towards which to worship , bow . we must have now a new high-priest to goe into these holyest places , yet no moe than a once each yeare , and none but he must come within your chancels or your altar-roome : no priest , nor laicke must once enter , see your chancells , altars : what becomes of yee , and this your worship then ? you can no more before your altars bow , kneele or adore ; nor yet approach them there to celebrate , reade second service , offer , early , late , to light your tapers : all your altar-play , and court-ship now must vanish cleane away . fooles , then recant , and see how god confounds and overthrowes you quite with your owne grounds ; learne now at last , that this most holy place , where to each yeare with blood the high-priests grace once entred , and no more , did b typifie our high-priest christs ascension , once onely , into the highest heav'ns ; with his owne blood , there to redeeme us , for our endlesse good . thus saith the text : then all sanctorums gone and vanisht are , none left but heaven alone : towards it , nought else , you must still look , turne ▪ pray and worship ; c where christ sits and reignes alway . see then the badnesse of your cause , when all your proofes on it , and you so heavie fall , what have you more to say ? the d iewes when they of old did worship god , or to him pray , turned their faces to the temple-ward . what then ? this puts you to it very hard ; if they thus towards the temple pray'd ; e then we must towards the altar pray , bow , bend the knee . had you said towards the church , it had bin better no altar is once nam'd within the letter ; they looked towards the temple , not the altar when as they pray'd : in this you erre and faltar , that you not towards the church , but altar bow pray , looke , herein you crosse the text , i trow . but when did they thus pray ? in f times of war , of exile , or when as removed farre both from the temple , and its view ; but ye in times of peace , not warre , when you are free , not exiles , nor when out of churches view , but in the church alone , will have it due : none can looke towards the church , place where they be , you turne the text to non-sence , falsitie , unlesse without the church you pray , as they ; for in it , toward it , you can never pray . see then how you pervert the text , and make it senselesse , vaine , and false by your mistake . they in g their private prayers thus turn'd their face towards the temple , when they sought for grace ; you not in private , but in publicke bend towards the altar , yea , when as you send no prayers up ●nto god : you bow , and so passe in , out of the church , or by it goe . see now your learned arguments , from hence , yea contradiction , follie , and non-sense . the jewes of old h when remote from , and out of the temples bounds , sight , did turne about their face , not bow towards it when as they pray'd , [ not towards the altar ; or ought on it layd ; ] therefore must ye , if you their steps will trace , not in the church , but in each private place you pray , now turne your face towards some church [ to what church i wot not ] which you never doe , not towards the table , altar , nor when ye within the churches precincts praying be : and onely turne your face that way , not bow towards your altars , as you practise now . this is the onely sum and consequence that you for altar-worship can draw hence . which quite confounds it ; as shall yet more cleare by that which followes , unto all appeare . the jewes did towards the temple look and pray because god i promis'd there to fix alway his speciall presence ; and there to reside more than in any place on earth beside , filling the temple with his glory , and his presence so , that the priests could not stand nor stay therein to doe their ministry : but god by promise never yet did tye his speciall presence in such sort to any church , altar , table [ much lesse unto many ] now extant ; nor from them immediately with his owne mouth , give answeres to their cry . we have no reason than to turne our face to any altar , table , church or place on earth , when as we pray ; but still to move and lift our hearts , hands , eyes , to heaven above , where god and christ k reside most , and whence they heare , answere , grant us all for which we pray . hence l christ and godly men most usually did m still lift up their hearts , hands , eyes on high towards heaven alone , when as they prayd , as all or most doe now , who on god truely call . besides , they had n a promise in gods booke ; that if they should but towards the temple looke and pray , in warres , or their captivity , ( when they to god in it could not draw nigh ) that he would heare their prayers ; and hence did they in times of warre and o exile oft thus pray . this promise was made to the p temple , not the altar , arke , or q manna , as some dote : but you have no such promise in gods booke , that if you towards the altar pray , bow , looke , that he will heare you : therefore you must stay till god shall warrant you thus to bow , pray . this promise was made to the jewes , and ye can scarce apply it , till you jewes shall be : it was made onely to their temple , ( not their synagogues : ) which ruin'd and forgot long since , this promise is quite gone with it : you cannot it unto your altars fit , nor to our churches , which succeed unto their r synagogues , not temple : all that you can then extract from hence will be , that all must towards this ruin'd temple , pray , bow , fall , not towards the altar ; strange divinity at this day , though by jewes us'd anciently . adde , that this promise runnes promiscuously , if they should towards their owne ſ land , and city [ first nam'd ] as well as towards the temple pray , that god would heare . hence daniel thrice each day , towards t jerusalem [ not temple ] pray'd in babylon , whilst he there exil'd , staid ; which city , temple , being there out of view and kenning , gives at least a checke to you who bow not towards the altar but in sight thereof , and out of its view stand upright ; whereas the jewes did towards these * three adore , though out of sight , and kenning , heretofore . gods promise then , not their view , did excite them thus to pray ; nought makes you bow but sight since then the text names praying towards al three alike , and that where men could not them see ; you may more fitly thence in ferre that all when they in publike , private , on god call , ought towards their countries , cities turne their face or towards jury , or the ruin'd place , where then gods temple stood , than that they now must towards the altar , church , or temple bow . this towards runnes conjunctively to u land , city and house , as they in order stand ; not to the altar : whence conclude i may , that they did never towards the altar pray , bow , looke : for then no doubt the text had knit the altar to these three , not past by it . which not once naming , and prescribing how they should towards these three only pray ; all now may see that bowing towards the altar then was not once thought on , nor in use with men . nay more , this x chapter notes it to my hand . that solomon did not bow to , but stand before the altar , on a scaffold ; where his ●ands he spread forth towards heaven , and there kneeled downe upon his knees , before all the * congregation present ; whence i shall inferre ; that had he bow'd towards , or unto the altar , doubtlesse the text had said so ; but since it onely saith , he stood before the altar ; not , that he did bow , adore towards it , it is most cleare from hence that he to , towards it did not bow , nor bend the knee . nor did they then towards altars turn their eyes , but when on them they offered sacrifice , or tooke some solemne oath before them ; ( yet they then to bow to them did quite forget ; y standing before their altars , or close by them , but not bowing , nere us'd anciently : ) if you thus towards the table looke when yee thereat receive , the elements , to see whilst they are consecrating , i consent thereto , but not when there 's no sacrament . in fine , we read , z when solomon had ended his prayer , and the fire which from god descended consum'd the sacrifice , and gods glory , quite fill'd the house ; that all who then stood by and saw this fight , bow'd themselves with their face vnto the ground , ( not altar ) in that place ; and worshipt , and prais'd god , saying , for he is good , for his mercies e're-lasting be . had they towards temple , altar , worshipped , or bow'd themselves , we shold no doubt have read it in the text ; whose silence in this kind proves , that they to , towards neither thus inclin'd , but simply bow'd to , before god alone : by this text then , your cause is lost and gone . a put off thy shooes from off thy feet ; for why , the ground whereon thou standest is holy , spoken to moses , joshua of old ; urg'd b next for altar-bowing , will not hold ; no altar , bowing , is here nam'd : if you these speciall texts meane strictly to pursue , you must your shooes put off ; and barefoot goe into the church , church-yard ; no shooes weare , so as c some fond persons did of old , led by these very texts ; which you more misapply and wrest then they ; who got the brand ●nd name of heretiques , for practising the same , in going barefoot : if you these texts straine to prove your altar-worship , sure your braine is farre more crazy , and your practise more crosse to these texts , than their was heretofore . for what sense , reason , can in this be found ? tw● , their shooes * once put off in holy ground , by gods expresse command ; therefore all men must bow downe towards , or to th' altar when they it approach ; and when they come or goe into or from the church , though they have no command or patterne so to doe ? surely this is pure nonsence , if not heresy . your altars , tables , are stone , wood , not ground : no worship then of these , can here be found , but of the church-yard , churches soyle , which you stile d holy ground ; if worship hence be due to ought , it is to the church-ground onely , not table , altar ; see now your folly , in quoting texts to prove , which overthrow your cause , and your nonsence to all men show . adde , that the shooes are here injoyn'd to be put off the feet , the lowest part ; not the hat ●●lled off , head bowed downe ; no art can from the lowest to the highest part , conclude ought that is solid : here your feet and heads without sense , reason , strangely meet : you may doe well then these texts to put off , which will expose you and your cause to scoffe . that other text some urge ; e keepe thy foote when thou go'st unto the house of god ; is clean● besides the purpose : to presse bowing thence to altars , tables , is to speake nonsense ; when men goe to gods house , they must their feet keepe with all care ; therefore they must there greet and bow downe to the altar , is a bad , a senselesse sequell ; fit for none but mad or crazy pates : no altar , bowing are nam'd in this text ; whose scope is to declare , that men when they approach gods house to pray , must watch their feet ( affections ) and that they must shun vaine thoughts , rash , fond loquacity . their senses then are lost , who now apply this text , their altar-worship to maintaine , from whence they can nought to this purpose straine . the cause is bad which such extravagant and far-fetcht proofes , it to defend doth want . which none but those who are past grace or shame or voyd of wit , would for this purpose name . but yet we read , the f elders fell before him who sate on the throne , and did adore , casting their crownes before the throne ; thus we before the altar must fall , bow the knee . well argued learned sir , have you a crowne ? are you an elder ? then you may fall downe , if not , forbeare ; since there you read of none that prostrate fell , but twenty foure alone , elders by office ; when as thousands g stood round by them , yet fell not ; your proofe's not good . but yet not here on earth , but heaven they fell ; this then concernes not those who on earth dwel . but did they bow like you ? no , their prostration was farre unlike your new-found adoration , they when they fell downe , h sang a song of praise vnto the lambe ; you ne'r then sing such layes : they when they fell had i harpes , viols , made of gold , all full of odours : you bowing , none such hold ; they prostrate fell , not going in , or out of any church , or passing to , about . or from the altar , as you now ; their fact is then no warrant for what you now act . they fell k before him who sate on the throne , within their view . doe you so ? no not one ; you see not christ , nor to him bow and fall , but to the altar , not christs throne at all ; there is no altar , table in the text. you may goe whistle then : what say you next ? though scripture faile , yet we have reasons left : i feare you 'l be at last of both bereft ; he who l wants scripture hardly will find reason for sacred things , as you shall see in season . altars , and tables are christs royall m throne whereon he sits within the church : each one must therefore bow before , and to them . i your ground and sequell both at once deny . christs n throne is in heav'n , not on earth : t is plaine by creed and scripture : o there he doth remaine . sitting at gods right hand ; his thrones i feare on earth are now cast downe . but yet to cleare this further , if they be christs throne , it s either of his divine or humane nature ; neither of these they be . of his humanity say you : its false ; that onely is on high . christs humane body is in heaven p alone , fixt in one place , cannot be but in one . but if each altar , table be his chaire , wherein he sits , it must be every where upon these thrones , and he must have as many bodies as thrones : he is not then in any of all your thrones ; he ne'r yet once sat there , they are not his , but your thrones then , i feare . but yet christ's present in the sacrament . by grace ; in person i cannot assent : so is he q present in each ordinance ; this will not then your cause one haire advance ; but he 's r most present in these elements , more then in other rites : some mens consents you have in this , not mine ; untill you say and prove it too , i shall it still gain-say : that is soone done , ſ this is my body , is a proofe which cannot be gainsaid in this ; more grace is present with , more reverence due vnto christs body then word : what say you ? a learned proofe . what body of christ i pray , is sacred bread ? t this will the truth display . if naturall , that 's in heaven , bread's not it , it s but christs body figurative , or it doth rather onely shew and typifie the breaking of christs body to the eye . true : what then makes bread christs body ? i say , the u words of consecration : marke i pray . if then christs word doth make the bread his body , agreed by all , confirm'd by sacred story , then it s more worthy than the bread or wine ; you must to it then , not to them incline . that which gives being , honour to another ; is greater , nobler [ if ought ] than the tother . the x word gives being to the sacrament , it s greater , nobler , then ; can you dissent ? but bread is cal'd christs body : so y each saint and church is stil'd : your reason then is faint , and quite casheer'd : each saint is better then christs breaden-body , made by , and z for men and for their service ; therefore they are better : for this , ther 's text store , for you not one letter . besides , a christs humane nature is the same with ours ; bread is his body but in name , not truth . b christ lives and dwels continually within his saints by grace , and spiritually . he dwels not so within the bread ; if then you bow to ought , it must be godly men ; these c are christs body , members , temples , bone , flesh , and with christ himselfe by grace made one . if he have any throne on earth , it s they , [ not altars ] where he d dwels , lives , reignes alway . if then you will bow to , before christs throne , it must be to , before his saints alone : but to the word againe , christs deity is cal'd the e word , and is exprest thereby ; the bread , is but his f body tearm'd ; that 's best of both , whereby his god-head is exprest . besides , the word g begets , the sacrament doth but confirme faith , grace ; now all consent , that what gives life , excels what serves onely but to confirme ; ( one 's h simply necessary to save , convert ; the other 's but supply . our grace to strengthen , seale , and ratify , men may be i saved by the word alone , without christs breaden body ; but not one by it , without the word ; which k makes it be a sacrament ; as you before may see . now what is able to save men alone , excels that which alone serves to save none . yet more , gods word is christians l daily food in publicke , private : tother 's not so good , because more rare , lesse common , not for all ; the m common'st good the best , men alwayes call . the word then is , of both , most excellent in these respects ; you cannot dis-assent . but christ's n more present in the sacred bread than in the word , by which on soules are fed . some hold so i confesse , in this sense true , it o more presents christs passion to our view , than the meere word without it : but to say his grace and presence are more there , i may deny with safety ; they co-operate as much in all ( nay more in most mens state , with his blest word , than with the eucharist , sith it requires a greater power from christ , a greater presence of him , and farre more strength to raise up dead men and them restore from death to life , then to corroborate a living christian in a gracious state . now 't is the p word alone , not sacrament which quickens dead men , as divines consent . whence it is stil'd q the word of life , faith , grace , salvation , r bread , milke , food , in every place of sacred writ . christ promiseth to be still ſ present with it to the end ; nay he his spirit joynes therewith , makes it the maine , chiefe businesse of himselfe , apostles , traine , to preach the word , this is their speciall charge most pressed , acted ; as we read at large in scripture , where we finde but thin and rare speech of christs supper ; whose most speciall care was for the t frequent prea●hing , day and night of his sweet word , oft term'd , his power , and might vnto salvation : all which will declare that christs grace , spirit , presence alwayes are as much concurring with his word , yea more than with his supper . have you ought in store yet ? yea , christ's more present i' th sacrament under the bread , wine , outward element then in the word : it 's held so without ground , but if discust , will prove an empty sound : marke what i say , christs body , spirit , grace , have no inherent reall presence , place within the bread , or wine themselves : for then both wicked , faithlesse , good , and faithfull men should them receive alike inclusively within the sacred signes : which u we deny . but is not christ within them ? yes , in signe and sacramentall wise , not grace divine . it s x not the signes , nor ministers that give the true bread christ to men , whereby they live . but christ doth give himselfe there , unto all worthy receivers , in a spirituall , yet reall manner ; not by descending from heaven above , but by the secret sending downe of his spirit , which doth comprehend them , and their faith ; hearts , soules , cause to ascend to heaven to him , and there on him to feed by faith , as their mouthes feed here on the bread . it is mens y faith then , not the element that makes christ present in the sacrament : as that is greater , lesse , so they more feed or lesse on christ in heaven , not in the bread , which ill men take ; but not christ , or his grace therein , for want of faith , this quels your case . for if christs presence , spirit , grace , be not included in the signes , as now you wot , and he be present onely in the heart , not mouth , of each beleever ; then no part of his grace , body , presence , placed are upon your altars , tables , as their chaire , or throne ; where if he were , it s not in state , as lord and king , but onely as our z meat : not in a state of glory , but as bread , [ in basest state ] wherewith our ●●iles are fed . how can lords-tables the●● be stil'd his throne ; when as he sits , not , but 〈◊〉 , stands thereon , as food alone ? who 〈◊〉 , yet heard , or read of thrones , or cha●●s prepar'd for meate , drinke , bread ? it is meere nonsence thus to call lords-tables , or altars christs thrones , here your words prove fables ; the faith , arke , table , are but his a footstooles ; to all these christs thrones , is to play the fooles . therefore the reasons why you thus adore ; and bow to altars , are quite out of doore . christ sits not on your altars , tables ; he is b risen , gone hence up to heaven , there ye must c looke to , for him , d not on earth below : you must to heaven then onely looke , and bow . hence doth the church-booke , at the sacrament exhort all , to e lift up their hearts whole bent vnto the lord on high , without one word of looking , bowing , to the altar , board : christs is not there , he sits in f heaven above there must your eyes , thoughts , hearts be , there your love . if you presume he sits upon the table , you make the scripture , church-book but a fable besides , you doe not take the sacrament , from off lords-tables , whence men now are pent and bard with railes , for feare they should draw neere unto them , there to eate christs sacred cheare : what they receive , is from the priests hands , at the railes ; why should they then bow , cringe to that , from whence they nought receive ? they must adore the priests hands , railes , not tables , altars more : from them , not these they take the elements , they then doe best deserve these complements . but grant you what you would , that christs body [ as papists hold ] doth on your altars lie , and that this is the cause , why you adore to , towards altars : i desire no more but this your plaine confession , to descry your folly , falsehood , and idolatry . you say you bow to god alone , but lye ; this reason proves , it is to christs body there present [ as you hold , ] which is not god , but man ; your reason is become your rod : for to adore christs body , or the bread , which shews his manhood onely , not god-head ; or to adore god , or christs deity , meerely because of his humanity , as you doe here at best , is g certainely will-worship , error , and idolatry ; since christs body a creature is ; and none ought to be h worshipped but god alone , and that still for himselfe ; where you adore god for christs manhood , or it , and no more . this all i condemne as grosse idolatry in papists , who adore christs bread-body , as god almighty , and bow downe before their altars , onely it for to adore ( not them ) there present in the pix alway ; you are their apes , say , doe the same as they ; nay worse , in that you to the altar bend k when christ is not there : this for shame amend . if christ his presence be the cause wherefore you to , before the altar thus adore , you ought to doe it onely when , and where he present is thereon ; not when not there . but you to your altars bow commonly , when as no sacred elements there lye , and christ's not on them , so that you adore the altars , tables onely , and no more . yea ; but though christ be not there present then , yet he 's sometimes there ; therefore as * most men at court , doe use to bow to chaires of state , because that kings in them sometimes have sate , though absent when they bow ; so we likewise bow when there are no signes before our eyes . well said , i now see whence your conges came ; it was from court , from whence you learnt the same , but not from gods court , but the kings ; so then it is a worship not from god , but men ; yea , it s no more but a court complement : to court , not serve god then , is your intent . i doubt you meane to turne meere courtiers now , and therefore practise , thus to congie , bow unto the altar , table , that thereby you may be perfect in court ceremony , against you resort thither , for to finde or seeke preferment : now i know your minde : those who would rise high , must first stoope , and bow ; i feele your pulses , and your tempers know : but pray you shew me , where god ever sent men to the court , to learne to complement with him in his owne temple ? or that he with courtly complements will served be , which all deeme fained , grosse hypocrisie ; take heed you prove not hypocrites thereby ; but say that some to chaires of state thus bow , when kings are absent ; wisemen doubtlesse know that this is nothing but court adulation ; such then must be your courtly adoration . it is a custome ; true , yet voyd of reason ; which a some omit , and yet commit no treason . should men adore each place where kings have set , they must their senses , or themselves forget ; yea , thus to congie when the kings are gone , is but to mocke the kings , and grace their throne . it is meere folly , frenzie too , i feare , to now to chaires , because kings once sate there . but be this as it may , no chaire of state is bow'd to , but that wherein kings once sate in person , not in picture onely ; true , hence see your sottish folly ; then must you bow to no altars , tables henceforth ; why ? because christ nere sate on them really in person , but in figure , picture ; ye by this your instance quite confounded be : it s just with god mens reason to confound , when they make reason , not his word , their ground . but grant you further , that christ's present in the sacred bread and wine ; yet still you spin a greater thread of solly , and insnare your selves more fast , as i shall next declare . for first , no tables , altars touch , containe , immediately , the sacred bread and wine ; but onely hold the vessels , paten , cup , ( as tables doe our dishes when we sup ) which the bread , wine , containe in them alone ; they therefore ( if ought ) are christs chaire , and throne , wherein he sits ; altars but their * footestooles , or christs at least : why play you then the fooles to bow to altars , tables , as christs throne , not cup , or paten , where he sits alone ? all altars , tables , are but stone , or wood ; these vessels silver , gold , not neere so good as these for matter , substance ; and in end , they , tables , altars , in worth farre transcend , made purposely these vessels to sustaine , which the blest bread and wine in them containe ; therefore more worthy congies and respect . why bow you then to those , yet these neglect ? if there be any reason to encline to ought , it s to these vessels ; the bread , wine : yet see more folly , you bow to the table , when these are in your hands , count these a fable , and christ within them [ as you hold . ] and here you are most grosse idolaters , i feare ; for when you hold these & christ in your hand , you bow to altars , whereon neither stand : did you thus bow to christ , as you pretend , you would not to your naked altars bend , when he is in your hands , contained in these vessels : here you faulter , erre , and sin ; as you doe likewise , when you bow , adore towards the altar , tables , just before you goe to consecrate the sacrament , ere christ's there present in the element : you should ( me thinkes ) not bow , but stay till he by consecration should there present be . yet one bout more ; the bread and wine you say , are , or containe christs body , blood ; and they are better , greater than gods sacred word : why doe you then bow to the altar , board , not to the bread , wine , christ , nay them neglect , when in your hands , to turne , bow with respect unto meere naked tables , altars ? sure your wits are lost , and christ will not endure to see a stone , or planke ador'd , whilst he , then in your hands , must not thus worshipt be . by this all know it is a truth , no fable , that you adore not christ thus , but the table , or altar , else you would not to them bow , whilst you hold christ within your hands . then now at last discerne your folly , and pretend no more , you worship christ ; you him offend : and since nought in the sacrament presents christ to us , but the sacred elements , you must your altar-worship quite give o're , and nought but them ( if ought ) henceforth adore . and yet the signes , are not so venerable , as is each saints heart , wherein b christ doth dwell in farre more lively , reall manner , then in bread , wine , altars , made for holy men . christs reall presence is in these alone , c they are his members , body , flesh , bone , one in , and with him , call'd d christ ; if you adore christ where he dwels most , you must bow before , to , towards these his e living temples , where he still resides ; this you 'le not doe , i feare , but rather bow to senselesse altars , stones then to the dearest of christs holy ones , the common objects of your disrespect ; take heed you be not one day for it checkt . if this displease , to give you some content , me thinkes your priests , by office reverent , who hallow , hold , take , give the sacred bread and wine to all , should be more worshipped then your bare altars , sith they f represent christs person , who blest , gave this sacrament at first : are altars ( senselesse wood or stone ) more sacred , worthy then priests ? who alone neglected are , not bow'd to then by you ; doubtlesse , if bowing be to either due , it is to priests [ your name ] or if you will , to g ministers ; who there act and fulfill christs office , who more present then resides in their hands , persons , then in ought besides , more than in paten , chalice , altar : yet these worthy persons , now too oft forget their honour , office , christ , whom they present , and whilst they paten , cup , blest element , hold in their hands , like h senselesse stocks , or stones they unto altars turne , and bow their bones , whereas , if altars , tables , had but sence , life , they would bow and doe them reverence . for shame then be not stocks , or fooles henceforth but know your selves , your office , place , state , worth and no more cracke your braines to justifie gestures , that strip you of your dignity , and senses both at once , as you must see , and now confesse , unlesse you senselesse be : where christ's more truely present on the altar then in the priests ; the priests deserve an halter ; and i shall deeme that man a stocke or stone , who bowes to altars , le ts the priests alone . o priests consider well of what i say , and then in this you will not say me nay : but if you doe , and altars still adore , i le not spend breath to plead a priests cause more . but ere we part , once more to church wee 'l tend ; why doe you not to font , pue , pulpit bend , as well as altars , tables ? since in these christ is more present in his ordinances , then on these , in most churches , places where baptisme , lords supper , sermons frequent are : in these each weeke , day , christ is constantly present ; on altars , tables , quarterly , or monethly at the most ; he then resides more in the pulpit , font , than ought besides . you hold , that i baptisme , yea , and gods word too , are simply needfull men to save ; but so is not the eucharist , as all agree ; they then more usefull , worthy , needs must be . these two save men alone , but t'other not , the greatest reverence then you should allot to pulpits , fonts , whence these dispensed are , than to the altars , where christ is more rare . but let these passe ; you cannot this deny , that bibles farre surpasse in dignity , fonts , altars , tables , churches , pulpits , all ; which without gods word , to the ground wil fal ; this is their k sole foundation , if it fade , all else without it , is nought but meere shade ; both table , pulpit , church , font , sacrament : of all these then gods word 's most excellent ; in it gods spirit , christ , grace , more reside then in all places of the church beside ; if then you will adore , bow , cringe at all , you must unto , before church-bibles fall : your altar-bowings , while you these neglect , with god and good men will finde no respect . in fine , christ's promise is , where two or three in his name meete together , he will be l in midst of them : yea , scripture saith alway , that god amidst his church , house , folke doth stay : as he dwels , lives , most in mens middle part and center ; m not head , foot , but in their n heart , whence altars in the midst of church did stand as hearts in midst of men doe , writes o durand . to say then that christ sits upon the table as you now place it , is no doubt a fable : for it stands not in midst of church , quire , but against the chancels east-wall , there up shut close prisoner , with a new raile , remote from the congregation , which now must not come nor have seats neare it : it 's a * place too high and sacred for lay people to come nigh . if then god , christ , midst church and people be , as by forequoted scriptures you may see , your tables , altars , which now stand alone far from the churches midst , are not their throne : if you will have them grac'd with their presence you must remove them to the midst from thence , where they are present ; else they will still set , besides these thrones , whose due place you forget . but ancient christians pray'd , lookt towards the east , because the altar was so plac'd , at least , in most old churches ; this is p heylins fable , to justifie the placing of the table against the east end of the chancell wall , though he no altars , tables , findes in all antiquity so seated ; when as they in midst of church , or quire were plac'd alway ; hence quires were so stil'd , because men did stand about the altar round , like a crowne ; and did there sing praises ; as writes q isidore , r rabanus maurus , ſ others heretofore , though some fond novellists the contrary averre , against truth , and antiquity . hence in old times , the people round about the priest and table stood [ not thence bar'd out with rayles as now ] when as the sacrament was celebrated , as is evident , by t chrysostomes words , in the margin , and by the priests prayer at u masse , for all that stand there * round about him , and by old x saxon canons at home , forbidding priests alone to celebrate masse . [ marke the reason why ] because there ought some people to stand by there round about him , whom he may salute , and who may answer him , and in pursuite hereof , he must remember christs words , where two or three in my name together are met , there am i in midst of them ; hence we in the y musarabicke office find the priest kneeling at the altar , praying thus ; be present , be present , o good jesus in midst of us , an high priest , as thou wast in midst of thy disciples in times past ; and sanctifie this our oblation : hence z bernard sweetly descanting upon that of the psalmist , he shall not dwell in the midst of my house who workes pride and sin ; saith , jesus in the midst of the church is not in a corner ; which he proves by this his speech , where two or three are met together in my name , i in midst of them am ever . and by some other texts . hence a isiodor with others write , that deacons heretofore stood round about the altar , as if they its pillars were , it to support and stay . yea , hence in ancient b massebooke , writers , i finde priests still singing , thus i will wash my hands in innocency , and so i will compasse thine altar round ; and bishops still when they did hallow altars anciently , did c cense and circuit them round frequently , which they could not doe , unlesse they stood so that they might round about them freely goe . yea , in the ancient * roman order , i this passage finde , that bishops anciently did round about the altar goe , when they did consecrate ; that sub-deacons alway behind the altar went , and stood upright after the offerture , with their eye-sight fixt on the pope , which could not be at all , if altars stood not distant from the wall . besides , 't is cleare out of d eusebius , e chrysostome , f austin , g dionysius , h nazianzen , i socrates scholasticus , k nicephorus , l bede , m walafrid strabus , n durand , that altars , tables , anciently stood in the midst of churches , quires , not by the eastwall , altarwise , as now they place them in our churches , with a brazen face . affirming that they so stood of old , when o hospinian p mourney , q marnix , r moulin , men of note ] with f rivet , and some more learned men , in reformed forraine churches bred , with t bucer , u tyndall , x ridley , y babington , old z ferrer , a jewell , b fulke , c cartwright d morton , e willet , with others prove , that anciently altars stood not against the wall , close by the east end of the quire , as in these dayes , but in the midst , that people might alwayes goe or stand round about them ; thus stood the altar of old in the f catacombe at rome , and in saint peters church lately , [ romes prime cathedrall ; ] and in history i read , that h witikindonce saw the face of charles the great , deckt with a chearefull grace , after his approach to the lords table in the midst of the church : and i am able by i sundry instances to manifest that altars stood not anciently at th' east end of the quire , against the wall , but i will onely name two more for brevity : and those at home . in k austins church , built by austin , first arch-bishop of canterbury : in that great church , in bedes time , the altar stood almost in the midst of the church , farre from the east-wall , in the north-isle : [ if i g conceive him right . ] and the l monkes of bury abbey in suffolke in king edwards dayes , [ the first of that name ] whiles they went to raise them a new chappell , as they digged , found the wals of an old church , that was built round , so as the altar stood , as it were nigh or in the midst ; and we thinke verily , [ writes everden a monke of that place , yea and cambden out of him ] that this was the first church there built unto saint edmonds name and service : in these two churches of fame , of speciall note , and great antiquity , the altar stood in , neere the midst onely : and in the church where m saint furse was inshrinde , above the altars east end ; as i find , saint n hugh of lincolne , and john elmer were interr'd above the altar , even here at home : therefore it stood not anciently against the east wall of the quire. lastly , o hervetus , p genebrard , and q others write , that in greeke churches , the high altars site , or place , is in the midst of the quire , where r josephus vicecomes proves most cleare , that altars seated were of old , both by eusebius , and martyrs tombes , anciently the ſ onely altars , which stood east and west , not north and south . we must then needs detest their shamelesse impudence , and forgery who contradict so cleare a verity , and dare affirme , that altars heretofore were plac'd against the east wall evermore , and there rayl'd in ; and that men did receive the sacrament kneeling , as most beleeve , when as its cleare , they did receive onely standing or * sitting round the table , nigh them : and where heylin writes , that men did pray eastward , because their altars stood that way . there is no ancient writer , councell , booke , attests , that christians to the east did looke , because their altars were so plac'd : bely not thus for shame [ then ] grave * antiquity , to bolster out your errors , novelties ; that cause is naught which needs the helpe of lies . they t eastward lookt , pray'd , because paradise stood there of old , and there the sun did rise ; poore reasons if well scan'd ; yet not the truth , they learnt u it from the pagans in their youth as might be prov'd by grave authority , and fathers verdicts , which i here passe by . there is small reason then to symbolize with them in this their heathenish rite and guise . yet christians bow'd to altars anciently . it is a falshood , one passage onely there is to prove it , 't is x tertullians , and that corrupted by some evill hands , * aris dei adgeniculari , whereas t is charis in the true copy , as notes y pamelius , though a papist , and some z others , which to cite i will not stand . the best and oldest manuscripts so read that place ; yea , sense , and reason for it plead : for he speakes there , of none but * penitents , excluded both from church and sacraments . for some great crimes ; which since they might not come within the church , much lesse the altar roome , as a all confesse , they could not bow the knee unto the altar , which they might not see , but to gods deare saints , out of church , whom they kneeld downe to , at their houses , both to pray them to forgive them , and to supplicate god for them , whilst thus excommunicate : this is the onely sense , scope of that place : this aris then for charis , doth disgrace , not helpe your cause . besides this , there 's not any cleare proofe or passage in antiquity , for altar-bowing , till b john damascen , to prove that images of holy men and christ might be ador'd , writ , men may bow to images , and altars , ( as rome now and some it seemes did then : ) if you relye on him , you must commit idolatry , and * how to altars , images alike , as well as towards them , which you mislike , in words at least , and say , c you bow not to but towards them ; these authours both say , to : this last , seven hundred twenty yeares and more from christ liv'd ; till then none did thus adore altars , nor since , till transubstantiation brought in the breads , then altars adoration . the christians for eight hundred yeares , or more after christ , did not bow , kneele , or adore in prayer on the lords dayes , nor yet betweene easter and pentecost , as may be seene in d councels , e fathers , but stood ; whence we know that they to tables , altars , did not bow ; nor to the sacred elements , since they these alwayes standing tooke on the lords day , wherein their knees to pray they ne're once bent , much lesse to altars , or the sacrament . whence grave f tertullian writes , that they stood by [ not bow'd , kneel'd to ] the altar anciently , in all their stations when they celebrated christs supper ; altars then were not rail'd , grated about as now , to * keepe the laity from comming neere them , since they them stood by , as doe the * aethiopians at this day , who stand upright when they receive alway . but g knights o' th garter bow'd to , and before the altar , and both god and it adore . what then ? i hope this new found argument , proves it no worship , but a complement ; us'd by those knights alone , [ not other men ] not commonly in each place , but where , when they offer in their grand solemnity ; their practice then , to others is no tye ; nor doe they deeme these congies then , divine , but meerely civill , since they then incline , as much , or more to the kings person , throne , as to the altar , or ought plac'd thereon : nor did these knights , h thus bow at first , as ye in him who this objects , may read ; where he [ admit the i blacke bookes legend true , though not once nam'd in english annals , but forgot ] confesseth , that king henry of that name the fifth , by charter first ordain'd the same , when as these knights first bow'd to him alone , and to his seat ; but of them all not one to god , or to the altar ; whereat he offended , thereupon made this decree , that they thenceforth in their solemnity should not to him , and his seat bow onely , but k unto god , and to his altar too , as priests and monkes then used for to doe : the king and lords , who made this act , were all blind papists , and the times quite blind withall ; the patterne which they then took , was unsound , blind priests and monkes : what shadow then or ground can thence be rais'd , true christians to induce unto this courtly , or meere popish use ? which since it orders them , alike to bow to god and altars in one act , i know not how they can escape idolatry ; this then 's no rule to follow , but to fly . and though these knights , these congies stil retain as civill , they this act and them disdaine , as popish , as an apish imitation , of priests and monkes grosse altar-adoration . who in their masses , used for to bow to ( before ) altars , as our priests doe now : witnesse their ancient l offices and the m small missall , made for priests that travelling be in england ( lately printed , ) which enjoyne their priests at masse to bow downe and incline vnto their altars , and due reverence to make to them : which n raymond used , whence he prescribes o priests beginning masse to bow vnto the altar , as our priests doe now . should i to this kings act , annex the story of card'nall poole , popes legate to queene mary , whose p visitons in cambridge , did enjoyne schollers [ in her dayes ] to bow , and incline to , and before the altar , [ the onely injunction of this kind , our church story affords for altar-worship ] all would cry forthwith , it is a brat of popery ; begot at first by transubstantiation , the * ground and cause of altars veneration : but sith my muse may not expatiate , i leave this point for others to dilate ; and how q some pagans did bow and adore before their idoll-altars heretofore . but will you not have men for to adore god with their bodyes ? yes , fall , kneele before him with all humble reverence , when you pray : this is a worship , which none will gainesay : it is r commanded in gods word ; adore god thus devoutly , he expects no more worship but this , and will be pleas'd with it , though all these altar-bowings should omit ; as you by this one text may understand ; s who hath required these things at your hand ? i have now * answer'd every text , proofe , ground , whereon you this new altar-worship found ; and made you see , how they all severally confute , confound it by gods destiny ; your scriptures , reasons now are all quite spent ; had god , or christ , wil'd that you should have bent , or bow'd thus , they no doubt would have exprest it in the scripture , where is not the least touch , shew , or colour of it : and if these texts , grounds and reasons which some men now please , to urge , had beene sufficient to inclin'd men thus to bow , those holy men we find in sacred writ , would doubtlesse constantly have practis'd it ; be not more wise then they . you have no more , i know , left to produce ; consider all here said , and make good use . on , and against popish bowing to altars , and adoration of the host . ribadeniera a , a late jesuite , of romes saint raimond of rochfort , doth write , that in the nights he us'd it discipline himselfe , after the mattins , and compline , he all the altars in the church , duly would visit , and unto them severally prostrate himselfe , and make low reverence . belike our priests and prelates learnt from hence to bow to their new altars ; since i find this saint the b first , who altars in this kind adored ; yet not constantly , but when he whipt himselfe ; in nights , not dayes . if then our novellers will imitate him , they must whip themselves , ere they bow ; and in day time quite forbeare this complement ; and use it but at night : both these they will refuse . i read , saint c francis the fryer , exhorted a cade-lambe ( for he to beasts , birds , preached oft-times ; ) to be attentive to gods praise ; and hereupon , this holy lambe alwayes after , the church frequented every day , and without any tutor ( as they say ) kneeled before the altar of our lady , at the hosts elevation ; ( marke you why ) in honour of her maker ; d surius who doth relate this history to us , writes ; o let heretiques learne to adore the blessed sacrament , and bow before it , by this lambes example : happily our altar worshippers were lesson'd by this silly lambes example , to kneele , bow , adore before their altars , tables now ; and worship them , and christ , who sitteth on them ( as * they write ) as in his chaire or throne : but then they should , like this lambe , kneele only , and bow thus , when they lift the host on high ; and that not to the altar , but the host : should they this doe yet , their designe were lost , wherefore , i doubt , these wolves in * sheepes-clothing , have rather from two asses learn't this thing , famous in popish legends , who before the host , and altar kneeled , to adore them. the first was , the e asse of bouivil , kept three dayes fasting , who of her free-will forsooke her provender for to adore the host her maker , brought and held before her by saint anthony ; which miracle f already toucht more largely ) wrought so well , that it her owne did convert , nay , more , teach catholickes the host for to adore . i wonder why the * asse which christ rode on into jerusalem , fell not upon her knees , her makers person to adore , when as this asse fell on her knees before this host , which did but onely represent his body . sure some leud fryer did invent this legend ; or this asse was tutored like bankes his horse , to kneele thus to the bread , to cheate the vulgar , and make them adore the host , like this asse , for their creator ; else that asse whereon christ rode , would as well as this , have to him on her knees downe fell . in memory whereof saint anthony holding the host , and this asse kneeling by thereto , are graven on the high altar at padua , where this hap'ned , or not far from thence . but this devout asse did adore the host , not altar ; but once , and no more . those then who bow to altars frequently , transcend this asse in devout foolery ; and the next asse , or mule ; which , as i read , from g andelousa in spaine carryed the reliques of saint bernard , accurse , and three martyrs more , slaine by the cruell hand of pagan moore in morrocco , unto ( if you beleeve the legend which writes so ) conimbri , by gods conduct directly ; and went to the gate of the monast'ry of saint crosse , where the canons regular of saint austin reside ; and staying there vntill ' the gates were opened to her , she went in first , king alphonsus , ●is queene , the whole court , and multitudes then following her in great procession , to the high altar ; before which she kneel'd downe , and would not stirre thence , untill they had quite discharged her of these saints reliques she thus carryed ; which , for a miracle is registred . this devout asse , who kneeled thus before this altar , taught our asse-priests to adore and bow before their altars constantly : yet the but once , and that prodigiously thus kneeled ; they , in this her farre transcend , in that they to their altars daily bend , without a miracle , and them adore ; whereas she did , not kneele to , but before the altar ; not in to rev'rence , or pray to god ; but there her burden downe to lay . those then who bow to altars , farre surpasse saint francis lambe , bonivils , and this asse in fond devotion ; beasts , sheepe , asses , mules acts , in gods worship , must not be mens rules ; as rome now makes them , but h gods word only , which altar-worship doth not justify ; nor yet the adoration of the host , which is not god , but sacred i bread at most . finis . notes, typically marginal, from the original text notes for div a56191-e680 * the lord ewer lord morley . sir maurice drummond , with others , in the tower of london and elsewhere . * ave maryes bedes , crucifixes , bowing to altars , &c. notes for div a56191-e4460 a luk. 1. 28. b fleurs des vies des sts. a paris 1637. part . 2. p. 124. to 132. c luke 1. 29. d fleurs , des vies des sts p. 124. to 132. la feste del assumption nostre dame * see burtons melancholy p. 242. to 252. e luc. 1. 28. and the angel came in unto her and sayd , haile . &c. f luc. 1. 26. 27. 28. fox . p. 1310. g luc. 1. 26. 28. fox 1310. h flewrs des sts part. 2. p. 128. 129. officium b. mariae . parisiis 1635. i luk. 1. 18. * ribadeniera fleurs , des vies des sts p. 222. k rosarium b. mariae . sir edwin sandys relation , p. 7. george dowly , briefe instruction : edit . 4. p. 211. 212. officinm b. mariae f. 7. joan. crispin l'estat , de leglise p. 498. 512. fox 1315 tho. beacons reliques of rome . vol. 3 , f. ●34 . l rosarium b. mariae george dowley priest , his brief instruction p. 211. 212. 213. m officium . b. mariae nuper reformatum pii 5●● pontificis iussu a paris 1636. f. 16. 37. 40. 43. 46. 49. 51. 57. 74. 76. 78. 80. 82. 86. 89. 106. 108. 110. 112. 114. and p 17. 67. 72. 82. 60. 66. 76. 97. 58. 83. 90. fox p. 1310. 1314. 1315. n luk. 1. 28 29. o sir edwin sandys his relation p. 5. to 9. rosarium . b. mariae . p luk. 1. 29. q luk. 1. 28. 29. 30. 31. 32. 33. r luk. 1. 28. blessed art thou among women . s ribadineira les fleurs des vies des sts part . 2. p. 128. to 132 ●afeste del assumption . t luk 1. 29. see fox p. 1310. 1311. * all the prelates & co●vocation of england and king henry the 8. in their necessary doctrine and erudition ; write ; that although the salutation be not a prayer of petition , supplication or request or suite ; yet neverthelesse the church hath used to adjoyne it to the end of the paret noster , as a hymme , of praise , partly of our lord & saviour & partly of the blessed virgin , &c. v luk ▪ 1. 26. 28 ▪ x ps . 34. 7. ps . 91. 11. hob. 1 , 14 y luk. 1. 28. 31. 32. 3● ▪ z luk. 1. 26. 28. a luk. 1. 29. b all offices and romish catechismes terme it , the angels or angelicall salutation . c luk. 1. 29. 30. so he sayd to zacharie , v. 13. fea●e not &c. yet none say thus to the virgin or him though the angell did it : why then say they ave and not this to ? d luk. 1. 28. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , signifies properly gaude , or rejoyce . e officium b. mariae & missale romanum passim . f fleurs des vies des s●s part . 2. pag. 128. to 130. bernardinus de bustilis mariale , pars. 3. serm. 3. excellent . 4. 5. pars. 5. ser. 7. pars 9. ser. 2. pars 10. serm. 2. see bishop vshers answer to the jesuites challenge p. 475. to 496 g officium b. mariae fol. 22. 29. 35. 36. 82. 94. 95. h 1 sam. 10. 24. 2 sam. 16. 16. 1 king. 1 25. 34. 2 king. 11. 12. 2 chro. 23. 11. i luk 1 27. 28. k fleurs des vies des sts part . 2. p. 128. to 132. l sir ●dwin sandyes his relation ; p. 8. m tractar , de interdictis par . 1. nu . 79. philip de marnix talbeau des differens part . 4. c. ● . f. 178. a. n albericus de rosatis in dictionar , verbum campanella ; tablean des differens : 4. part . c. 2. f. 178. a. o alanus de rupe miroure des rosaries sir edwin sandy relation p. 7. p sir edwin sandys relation , p. 17. q see bellar-mine de imaginibus , libi li●wade provinc . constit . li. 5. de haeret. c. nullus . bishop vshers answer to jesuites challenge . p. 497. r luk. 1. 28. s petr. de cabreram 3. part thoma qu. 25. artic . 3. disp . 2. num . 15. 32. t 1 king. 18. 27. v officium : b. mariae p. 1. 5 9. 56. 61 62. 73. 88. 92. 94. 121. 125. 193. 399. 352. 354. 362. 366. 367 376 * fox : acts and monuments , p. 1●10 1●14 . x luk. 1. 28. 30. 31. 32. c. 11 2. y luk. 1. 42. officium b. mariae f. 1. 5. 9. &c. z luk. 1. 31. 32. a officium b. mariae p. 2. 5. 9. * neither in the ancientest masse-books , witnesse officium . b. mariae secundum usum sarum parisiis . 1538. where this clause is not found . b all popish houres , missals , catechismes and writers so terme it c officium : b. mariae nup. reformatum pii 5. jussu . parisiis 16 36. p. 16. 17. 37. 40. 44. 46. 49. 51. 57. 58. 67 72. 76. 78. 80. 82. 65. 66. 83. 90. 86. 89. 97. 100. 108. 110. 112. 114. 118. 193. sir edwin sandys rela . p. 7. e rosarium b. mariae officium : b. mariae pii 5. jussu reformatum . ave maria. is 86. times repeated and at large , & above an 100. times more in fractions . the pater nost . but 31. times . g george doul●y his briefe instruction edit . 4. p. 84. chachismus tridentinus c. de oratione fon p. 1310. 1314. h pontificale romanum . i see g. before . k pontificale romanum cap de bendictione none crucis . fox p. 1311. a. l pontificale romanum . m aquinas 3. part . q. 5. art 3. & 4. cajetanus ibid. bonaventure marcellus , almain , carthusian capicolus , n. 3. sint distinct . 9. jacobus naclantus in rom 1. alensis . part . 3. qu. 30. n ceremoniale . romanum . o officium b. mariae , f. 381. 382. p officium . b. mariae , f. 314. p officium : b. mariae , f. 314 q iohn crespin l●estat de l●glise : f. 498. stella and others in vita calixti . r alanus de rupe mirrour des rosaires officium : b. mariae . f. 349. 352. 354. 362. 366. 376. s ion crespin . f. 512. t ab ira tua libera eos domine ; a fiamma ignis libera eos domine : a potestate diaboli libera eos domine : ute paenis inferni ●ripere digneris : & omnes fideles ab ae●erna damnatione liberare digneris : officium b. mariae . v luk. 1. 28. 39. x luk. 1. 26. 27. 28. 30. 31 to 37. y mat. 2. 1. 2. 11. z see rosari um & officium beatae mariae . a mat. 2. 11. b heb. 1. 6. rev. 19. 10. c alanus de rupe in his mirror of rosaries table and es differens p. 4. p. 188. t. becons reliques of rome , vol. 3. f. 358. d rosarium b. mariae tableau des differens , f. 188. e tableau des differens 4. part. c. 4. f. 188 189. sir edwin sandys relation . p. 17. 19. f sir edwin sandys relation p. 19 21. g judg. 6. 11 12. c. 13. 3. 4. 5. h luk. 1. 11. to 20. c. 2. 9. 10. 11. 12. 13. 14. 15. i quod reprobi & praesciti per devotionem rosarii vitam aeternam assequantur . in his mirrour of rosaries , which passage is expunged in the review of his rosarie set forth by copinger , printed at mentz . 1624. k sigeberti chron. anno. 988. petrus dammian : in vita odilonis . tom. 1. surii jan. 1. p. 251 : 253. 453. in the first editions . l see officium & rosarium b. mariae , missale romanum . the erudition of a christian man● by king henry the 8. & the convocation : chap. 1. of the angelicall salutation . m see , bernardinus de busti his mariale : and the authors quoted by bishop vsher in his answere to the jesuites challenge , p. 477. to 496. b sir edwin sandyes relation . p. 5. to 10 fleurs des vies des s. part . 2. pag. 129. 130. 131. part . 1. p. 63. 64. * these beads must be solemnely hallowed ere they must be used to say our ladies psalter on : the forme of which consecration you may reade in tho. beacons 3. vol. f. 291. 292. 358. 359. * peter the hermite was the first that invented beades and chappelets about the yeare . 1263. iohn crespin : le●st . de l'eglis . p. 382. others make them of later date . p mat. 6. 7. 8. 9. 10. eccles . 5. 2. q exod. 20. 7. matth. 6. 5. 7. 8. r cap. de oratione . s fox acts and monuments p. 1310. 1314. in the old edition . t a briefe instruction , &c. by george douley priest : edit . 4. 1638. permissu superiorum . p. 84. v mat. 6. 5. to 10. x 1 cor. 11. 24. 25. 26. gal. 3. 1. y gen. 1. 26. 27. c. 5. 1. c. 9. 6. 1 cor. 11. 7. eph 4. 24. col. 3. 10. z phil. 2. 7. 8. heb. 2. 11. 14. 16. 17. c. 4 15. john 1. 14. 1. cor. 15. 48. 49. 2 cor. 3. 18. a isay 44. 20. hab. 2. 18. jer. 10. 8. b joh. 1. 14. 16. c deut. 4. 15. 16. 17. 12. 23. 2 cor. 5. 16. d hab. c. 18. isay 44. 20. ezech. 10. 2. rom. 1. 25. c mat. 27. 38 ma● . 15. 27. luk. 23. 32. 33. joh. 19. 18. 32. f joh. 1. 14. phi. 2. 7 & mar 1. 23. h●b . 2. 11. 14. 16. 17. c ▪ 4. 15 : * yet the papists say , salve fancta facies nostri redemptoris . salve vultus domini imago beata &c. officium . b. mariae . secundum usum sarum . p. 67. g phil. 2. 5. 1 cor. 15. 49. 2 cor. 3. 19. eph. 5. 2. mat. 11. 29. h exod. 20. 4. 5. levit. 26. 1 deur . 4. 15. to 23. c. 5. 8. 9. i exod. 30. 31. 32. 33. 36. 37. 38. k heb. 2. 11. c. 11 29. c. 13. 12. 1. cor. 1. 2. c. 6. 11. rev. 8. 3. 4. l luk. 1. 36. mar. 1. 24. act. 2. 27. c. 3. 14. c. 13. 35. 1 joh. 2. 20. dan. 9. 24. * 1 cor. 11. 25. 26. 27. 28. gal. 3. 1. m psal . 106. 19. 20. 21. rom. 1. 19 23. 25. 2 cor. 6. 16. rev. 9. 20. n mar. 1. 23. joh. 1. 14. acts 20. 28. rom. 9. 5. tit. 2. 13. o isa 40. 18. act. 17. 29. rom. 1. 22. 23. 25. 1 tim. 6. 16 p 1 cor. 15. 15. to 20. rom. 8. 34. c. 10. 9. c. 14. 425. q mar. 15. 25. 33. 34. joh. 19 r luk. 24. act. 1. 1. to 12. c. 3. 21. c. 7. 56. s rom. 6. 8. 9. 10. 11. rev. 1. 18. n isa 2 20. c. 30. 22. c. 31. 7. hosea 14. 8. o isa . 44. 20. rom. 1. 25. p see molanus . historiae de imaginibus , & lentulus his forged description & picture of him , commonly printed and sold here of late yeares . q isa . 52. 14. c. 5● . c. 3. phil. 2. 7. ps . 22. 6. 7. r mat. 11. 19. c. 26. 29. mar. 14. 25. c. 15. 23. joh. 2. 8. 9. 10. luk. 2● . 12. s mat. 9. 24. 25. mar. 5. 35. 39. 41. 42. t num. 6. 3. to . 12 am. ● . 12 v heb. 4. 15. ● pet. 2. 22. see ( l ) before joh. 14 , 30. x num. 6. 9. 10. 12. y heb. 7. 26. 27. 28. z nu. 6. 722 a mat. 2. 13. as our last translation truely renders it : whence christians were called nazarens act. 24. 5. b mat. 21. 11. luc. 2. 39. 51. c. 4. 16. joh. 1. 45. 46. c 1 cor. 11. 14. 15. 16. d psa . 22. 14. 15. 16. 17. applied to christ . matth. 27. 35. luk. 23. 34. 35. e exod. 20. 4. 5. rom. 1. 19. to 27. psa . 106. 19. 20. 21. f exod. 20. 4. 5. 6. deut. 4. 12. to 24. lev. 26. 1. g index librorum prohib . reg . 4. the rhemists preface to the new testament . h molanu historia de imaginibus & picturis tho. waldensis . tom. 3. tit. 19. c. 53. p. 274. &c. i 1 cor. 15. 15. to . 20. rom 4. 24. 25. c. 8. 34. i mat. 27. 57. 58. mar. 15. 42. 43. luc. 23. 50. 51. joh. 19. 31. 38. to 42. k mat. 26. 56. 58. 69. to 75. l mark. 15. 25. 33. 34. m mat. 27. 57. to the end . joh. 19. 31. to the end . n act. 10. 39. c. 13. 29. gal. 3. 13. 1 pet , 2. 24. o see bellarmine de sacrificio missae , and others . p corpus christi posse in sacramento sensualiter frangi , & fidelium dentibus atteri , gratian : decret : pars 3. de consecratione ; dest . 2. cap. ego berengarius . q bellarmine , and others de sacrificio missae : tho. beacons reliques of rome . ● ol . 3 f. 366. 367. r aquinas summae : pars . 3. qu. 25. art. 3. azorius instit . moralium . tom. 1. l. 9. c. 6. thomas waldensis . tom. 3. tit. 20. c. 159. s luk. 1. 28. t see tho. beacons reliques of rome , vol. 3. fol. 181. b. 184. a. 186. a 193. a. declaration du pere basil . p. 85. there is a chapple named s. laict in reimes where the ladies milke is kept . * if the consecrated bread and wine , which rome holds , to be the very glorified body and blood of christ , will putrifie , mould and corrupt if over-long reserved , as experience witnesseth , and all romish d●● grant : then much more the virgins milke : unlesse they make it better than christs very body and blood . v impera filio tuo monstra te esse matrem . yet remaining in all their houres of our lady and masse-bookes and sundry manuals of their devotion , intimating christ now in state of glory to be still under his mothers cōmand . see b. vsh . ans . to the iesuits chal. p. 478. to 496. x mat. 2 ● . 2. 9. 11. * thus is she pictured not onely among papist ; abroad , but at home to , and such a statue of her hath beene lately set up over the porch of s. maries church in oxford to the great scandall of protestants , and obduration of papists . y nicolaus de clemangis , de corrupto ecclesiae statu c. 15. 23. agrippa de. va. scie●t . c. 63. z agrip. de vanitat . scien . c. 63. espenceus de continentia l. 3. c. 4. a sum. part . 3. tit . 23. c. 3. f. 159. 160. b luk. 1. 34. c see tho beacons reliques of rome . hospinian de origine templorum : cap. reliquiis . * see cassandri consultatio , cap. de veneratiene reliquiarum , p. 973. 974. where he freely confeseth , that most of the reliques papists now shew , are great and detestable impostures , & therefore wisheth that all shewing of reliques should be utterly abolished . d see tho beacons reliques of rome . * see tho. waldensis , tom 3. tit. 23. c. 164. 165. & tit. 21. c. 161. e eratque hoc tantae capacitatis & immensitatis vestimen●um , quod totam caelestem patriam amplexando dulciter continebat . antoninus : hist . pars . 3. tit. 23. c. 3. f. 159. b. * see tho. becons . reliques of rome . vol. 3. ●ol . 328. b. f cor. 5. 7. 8. g exod. 12. 10. c. 29. 34. h mat. 26. 26 mar. 14. 22. luc. 22. 11. 19. 1 cor. 11. 24. i exod. 12. 46. k concil . coloniense sub adolpho . an. 1549. c. 17. 22. surius tom. 4. concil . p. 853. 854. l mat. 20. 5. to 11. mar. 11. 7. 8. 9. luk. 19. 35. 36. 37. m qua : ( k ) before . n see missale romanum : & the cannon of the masse acts and monuments . in the old edition : p. 891. to 897. tho. beacons reliques of rome . p. 385. a. o george douley priest , his briefe instruction . p. 175. p exod. 16. 32. 33. 34. q exod. 16. 32. r mat. 26. 26. s exod. 16. 19 20. 22. 23. t summa angelica : eucharistia . 1. sect. 38. 39. 40. v exod. 16. 32. 33. 34. x 1 cor. 11. 25. 26. y exod. 16. 19. 20. z joh. 6. 31. to 52. a exod. 17. 1 c. 40. 36. 37. 38. num. 9. 15. 16. 17. 18. 19. 20. 21. 22. 23. b 2 chron. 6. 41. psal . 132. 5. 8. 2 sam. 6. 10. 11. 12. 17. 1 sam. 7. 2. c num. 9. 15. to 23. d fox acts and monuments . p. 685. in the old edition , tho. waldensis . tom. 3. tit. 24. c. 166. e gen. 1. 16. psal . 136. 7. 8. psal . 19. 1. 2. f num igitur mentis suae compos putandus est , qui auctori & datori luminis can delatum aut cerarum lumen offer● pro munere ? de vero cultu . l. 6. c. 2. g tho. beacons reliques of rome : vol. 3. f. 90. a. declation du pere basil . a s●dan . 1637. p. 84. h rev. 12. 7. to 14. i psal . 104. 4. heb. 1. 7. k see platina , balaeus , benno cardinalis , crespin and others in the life of pope hildebrand , and other his successors . l mat. 17. 21. eph. 6. 11. to 19. 1. pet. 5. 8. 9. jam. 4. 7. m declaration du pere basil . p. 85. n at genes : see tho. beacons reliques of rome . vol. 3. f. 90 a. o eccles . 5. 1. p heb. 9. 12. 25. 26. 27. 28. c. 10. 10. 11. 12. 13. 14. 17. 18. q see beller . de sacrificio missae . declaration du . pere basil c. 1. tho. beacons reliques of rome , vol. 3. f. 366. 367. r see bella● . de sacramentis : contr. 6. de numera sacramentorum . and amesii . bellarminus eu●ruatus . tom. 3. c. 6. f. 52. 53. s officium beatae mariae : ledesma . c. 14. canisius . sum . doct. christianae p. 237. 238. t see missale romanum , officium b. mariae . fox acts and monuments . p. 1717. to 1721. in the old edition . v tho. waldensis de sacramentalibus . tom. 3. tit. 14. c. 124. 125. p. 239. to 233. x mar. 16. 17 20. heb. 2. 4. joh. 4. 48. y see surius , ribadeneira ; antoninus and others in the lives of the saints : maffaeus his history of india , & the jesuites letters thereto annexed from thence . z surius concil . tom. 2. p. 1048. summa angelica tit. jejunium . a see summa angelica tit. jejunium . ambrose se elia & jejunio . b concilium senonense an. 1528. decreta fidei . c. 10. 8. surius tom. 4. concil . p. 627. 729. c agrippa de vanitate scient . c. 63. espenca us de continentia . l. 3 c. 4. grauamina geimaniae . d surius . concil . tom. 3. p. 158. fox acts and monuments p. 924. iohn bales acts of english votaries . gratian. diss . 26 , to 46. e mark. 6. 13. jam. 5. 14 f concilium senonc●se an. ●527 . c. 10 surius tom. 4. p. 〈◊〉 ● . summa 〈◊〉 . tit. 〈…〉 6. * rhemists annot . in lu. 12. 11. g as all true faith is in the person beleeving . 1 pet. 3. 15. 2 tim. 1. 5. h see d. rainolds theses ; and m. burtons bable no bethel . i 2 cor. 5. 7. c 4. 18. * see tho. waldensis tom. 3. tit. 19. c. 155. and tit. 20. c. 158. k heb. 11. 1. 2 cor. 5. 7. l tollet . de instruct . sacerdotis . l. 4. c. 3. cusanus . exist . l : 2. & 6. see sir humfry lynde his by-way-sect . 22. m act. 17. 11 12. n 1 thes . 5. 20. 1 joh. 4. 1 joh. 5. 39. 2 cor. 13. 5. * see tho. waldensis : tom. 3. tit. 15. c. 134. to 138. o mat. 2. 12. 8. p mat. 2. 11. q tho. waldensis . tom 3. tit. 15. c. 134. 135. 136. 137. r see tho. beacon . vol. 3. f. 232. 233. and tho. waldensis . tom. 3. tit. 19. c. 150. 151. 152. 153. 154. to 159. petr. de cabrera , in 3. part . thom. quest . 25. art. 3. disp . 2. num . 15. 32. lyndewood constit : prouinc . lib. 5. de haeret. cap. nullus . s tho. waldensis qua . 1. catechismus . rom. part . 3. c. 2. sect. 14. t exod. 20. 4. 5. den. 4. 15. to 21. c. 5. 8. 9. c. 16. 22. levit. 26. 1 psal . 97. 7. exod 23. 24. josh . 23. 7. judg. 2. 12. 13. 14. 15. 1 king. 18. 19. 2 king. 17. 35. 36. 37. c. 19. 18. 2 chr. 25. 24. isa . 2. 8. 9. 20. c. 30. 22. c. 31. 7. c. 44. 15 17. 18. 19. 20. v mat. 8. 2. c. 9. 18. c. 28. 9. 17. mar. 1. 40. c. 5. 6. 22. luk. 5. 12. c. 24. 52. joh. 9. 38. mat. 15. 25. c. 20. 20. * who went in person to visite her cosen elizabeth , lu. 1. 39. to 45. not elizabeth to visit her . x tho. waldensis tom. 3. tit. 13. c. 120. 121. f. 223. 224 * whom they stile s. longinus the souldier that pierced christs side and s. eloi , which was but the nayles . see surius and ribadeneira in their lives of the saints . y mat. 26. 48. 49. mar. 14. 43. 44. 45. luk 22. 47. 48. z mat. 26. 67. c. 27. 26. to 37. joh. 19. 16. 18. a mat. 25. 2. to 10. joh. 12. 14. 15. b mat. 14. 25. mar. 6. 48. c mat. 8. 23. 24. c. 13. 2. c. 14. 13. d mar. 6. 56. e mar. 4. 1. to 12. luk. 41. to 10. f rev. 9. 20. f psal . 65. 2. g peter lombard sentent . l. 4. art . 25. see scotus and others on that place : and gabr. biel. in can. missae c. 31. h biel ibidem scotus . in 4. sent. dist . 45. qu. 4. i see eccles . 9. 5. 6. joh. 14. 20. 21. isa . 8. 19. c. 38. 10. 11. c. 63. 16. heb. 7. 23. 24. 25. k see ( x ) before . see t. beacons reliques of rome . l see scotus , durandus , and others schoolmen in . 4. sent. dist . 25. m 1 king. 8. 30. 34. 36. 39. 43. 45. psal . 4. 1. 3. psa 17. 1. 6. ps . 20. 1. 6. 7. dan 9. 27. 18. n psal . 65. 2. psal . 84. 8. joh. 11. 42. o see 1 cor. 14. * 1 joh. 1. 2. 3. joh. 20. 19. to 30. luk. 21. 35 to 45. c. 1. 2. 1 cor. 15. 1. to 10. p summa angelica . tit. eucharistia . 1. q joh. 20. 18. 20. 25. to 30. c. 1. 14. 15. 31. 32. 33. c. 19. 35. luc. 1. 1. 24. 35. to 45. act. 1. 3. 4. 10. 11. c. 10. 40. 41. 1 cor. 15. 1. to 9. 2 pet. 1. 16. 17. 18. 1 joh. 1. 1. 2. r mat. 26. 26. s so the papists generally now hold . t isa . 65. 8. deut. 28. 2. heb. 6. 8. mal. 2. 1. 2. 2 kings 22. 19. c. 2. 24. 25. v see summa angelica . tit. eucharistia . and bellarmin de eucharistia . * see pontificale & ceremoniale romanum : & tho. beacons vol. 3. f. 201. to 236. y gratian de consecrat . dist . 2 summa angelica tit. eucharistia . z see bellarmin de romano pontifice ; and all others , who make this the sole reason and ground of the papacy , & yet confesse a reall and corporal presence of christ in the sacrament . z see sir humfry lyndes , by-way . sect. 18. 21. 22. * mat. 26. 26. a see d. featlies grand sacriledge of the church of rome . b bellarmin , vasquez , gretser , and others . consil . constant . sess . 13. surin● tom. 3. p. 821. c bellarmin , cotton , douly , and others . * firmissime credendum est , & nullatesand nus du bitandum , integrum christi corpus & sanguinem , tam sub specie panis , quam sub specie vini , veraciter contineri . concil . constant sess . 13. 〈◊〉 . tom. 3. p. 821. d jer. 10 8. 9. isa . 41. 29. hab 2. 18. zec. 10. 2. * concil . trident . sess . 25. surius . tom. 4. p. 983. e psal . 115. 4. to 9. psal . 135. 15. to 19. f 1 joh. 1. 9. psal . 32. 5. pro. 28. 13. g mich. 7. 28. 19. psal . 32. 1. 2. act. 3. 19. ps . 103. 8. to 14 h luc. 13. 3. 5. jer. 15. 1. 2. ezech. 14. 13. 14. numb . 23. 8. 20. 26. i concil . trident . sess . 25. decretum de purgatorio : conc. tom. 4. p. 982. 983. & bellarmin de purgatorio . * see bellarmin de indulgentiis summa angelica , tit. indulgent●a . k see bellarmin . de indulgentiis . l see , officium b. mariae the severall collects therein for saints dayes , and bellarmin de cultu sanctorum . * tu per thoma sanguinem quem pro te impendit , fac nos christe scandere quo thomas ascendit . in officio heata mariae secundum vsum sarum . used anciently in most churches as their common masse booke . n see antiquitates ecclesiae brit. and godiwin in his life . o see bellarmin : deliber . arbitrio . p see iohn valerian de sacerdotum barbis . polydor. virgil. de invenr . rerum , l. 4. c. 8. gratian. distinct . 33. q durandus , rationale divinorum . l. 2. c. 1. r baruch 6. 31. forbidden to gods priests lev. 21. 5 : and 19. 27. ezek. 44. 20. s baronius & spondanus an 57. sect. 27. paulus windeck , de theolog . juriscons . locus . 38. p. 107. 108. 109. summa angelica . tit. faemina . t 1 cor. 11. 5. 6. 14. 15. isa . 3. 24. 1 cor. 11. 14. 15. ezech. 16. 7. rev. 9. 8. luc. 7. 28. 44. v concil . gangrens . can. 13. 17. surius . tom. 1. p. 373. sosemeni hist . l. 3. c. 13. nicetas . thesaur : orthodox . l. 5. c. 14. bib. pa● . tom. 12. par● 1. p. 587. b. summa angelica & resela . tit. faemina . * tacitus de motibus germanorum . c. 6. justinian god. l. 9. tit. 9. le● . 30. ambros . ad vitginem lapsam . c. 8. zonaras annal. tom. 3. f. 141. 155. 165. niceph . eccl. hist . l. 17. c. 5. surius . concil . tom. 3. p. 40. * see cornelius a lapide in 1 cor. 11 , v. 5. 6. y see onus ecclesiae , c. 22. sect. 12. nicholaus de clemangis de corrupto eccl. statu . c. 23. agrippa de vanitate scient . c. 63. z see officium b. mariae secundum usum sarum . tho. beacon . vol 3. f. 200. 201. a concil . trident : sess . 6. c. 9. 12. 13. 14. 15. surius . tom. 4. p. 911. 912. 914. b see summa angelica ; tit. simonia . c s. george for england , s. denis for france , s. patricke for ireland . s andrew for scotland , s. iago for spaine , s. gregory for students , s. luke for painters , cosmus and damian for philosophers , s. katherine for spinners , s. crispin for shoomakers , s. sebastian for the plague , s. valentine for the falling sicknesse , pe tronella for agues , s. apollonia for the rooth-ach , s. anthony for pigges , saint gallowes for geese , s. wencelaus for sheep , s. pelagius for oxen , &c. see surius r●badeneira and others in the lives of the saints . d officium bearae mariae with other houres and manuals and m●●alls . e see tho. beacons relique● of rom. f 1 king 20. 23. 2● . 2 king 1● . 29. 30. 3● c. 18. 33. 34. 35. g see ornerod his pagano-papismus : and francis de croy his threefold conformity . h summa angelica tit. indulgentia sect. 9. i see bellarmin de justificatione ; and concil . trident . sess . 6 c. de justificatione . k psal . 62. 12. neh. 13. 22. 2 tim. 1. 15. 18. tit. 3. 5. jude 21. rom. 11. 35. 36. psal . 66. 12. rev. 20. 13. l 2 cor. 5. 20. m neh. 13. 22. exod. 33. 19. c. 34. 7. 2 chron 1. 8. ps . 18. 50. ps . 23. 6. ps . 32. 10. 10 ps . 33. 18. 22. ps . 33. 18. 22. ps . 52. 8. ps 57. 3. 1● . ps . 61. 7. 52 ps . 66. 20. psal . 85. 7. 10. ps . 89 2 14. psa . 98. 3. psal . 102. 13. psal . 103. 8. 11. 17. psa 130. 3. 4. 7. psal . 31. 16. isa . 54. 7. 8. 10. lam. 3. 22. 23. 32. dan. 9 18. 19. rom 9. 15. 16. 23. c. 11. 30. 31. 32. luc. 1. 50. 54. 72. 78. ga. 6. 16 n see jam. 5. 16. o see officium b. mariae , and the popish letanies of the saints . * witnesse the prayers and masses of priests and monkes to free soules out of purgatory , which are dayly bought and sold . p joh. 5. 39. act. 17. 11. ps . 1. 2. 2 tim. 3. 15. 16. 17. col. 3. 16. 2 pet. 1. 19. 20 deut. 6. 5. 6. 7. 8. 9. c. 11 18. 19. 20. 21. c. 17 18. 19. 20. k see index librorum prohibitorum and the rhemists on 1 cor 14. q see al their m●●all● ▪ catechismes , hours and manuals wherein it is omitted & concil . constant . s●●s . 13. surius tom. 3. p. ●21 . r see bellarmin de sacrificio missae . ● yea s. maclou a popish same raised a beast from death whom the servant of a covetous master had slaine , at the servants request . ribadeneira , fleurs des vies des saincts part 2 p 413. s pier de moulin bouclier de foy , a geneve 1635. p. 612. t see abbas vspergensis p. 3. 3. 344. and platina & balaeus in boniface the 8. his life . v see bellarmin de romano pontifice . x jean crespin , l'estat de ●eglise , p. 80. y psa . 140. 3. rom 3. 1● . z see platina & onuphrius de vitis pontificum : & bellarmin de romano pontifice . a mat. 26. 34. 64. to 75. b see o●u● ecclesiae & nich. de clemangis , de corrupto ecclstatu . c see bellarmin de pontifi . romano . d rom. 4. 15 e see morney his mystery of iniquity . p. 454. 455. f bellarmin de pontif. romano . g concil . trident. sess . ● . can . 16. 23. h see ta●a camera . i rom. 3. 24. c. 8. 32. mich. 7. 18. k joh. 18. 36. l mat. 28. 20. act. 3. 21. m bellarmin , de rom. pontifice . n ephes . 1. 22. c. 4. 15. c. 5. 23. col. 1. 18. c. 2. 10. 19. 1 pet. 2. 7. 1 cor. 11. 3. o concil . constantiense . sess . 23. surius tom. 4. p. 67. cardinales sicut nomine , ita re ipsa cardines sunt , super quos ostia , universal●● versentur & sustententur ecclesiae . p mat. 4. 17. c. 11. 1. mar. 1. 14. 38. 59. c. 2. 1. luk. 8. 1. c. 21. 37. 38. joh. 8. 2. luc. 22. 53. q summa angelica . vicarius sect. 8. r platina de vitis pontif. in joan , 8. see cooke his pope ioane , and morney his mystery of iniquitie . p. 166. 169. 170. s balaeus and others in vita sixti , 41. morney his mystery of iniqu . p. 603. to 608. 591. t mat. 27. 29. joh. 19. 2. 3. v mat. 21. 2. to 12. joh. 12. 14. 15. 16. x see caere moniale & pontificale romanum . y act. 3. 6 : mat. 17. 27. z bernard . de consid . ad eugenium , & ad gulielmum abbatem apologia . a see bellarmin de romano pontif & d. crakanthorp , of the popes temporall monarchy . c. 1 & 2. b platina in the life of paul the 2. writes that in a village not far from rome divers men and women were apprehended & condemned for heretiques by this pope , for holding , that of all those who succeeded s. peter none was any true vicar of christ but those who imitated his poverty . c see platina onuphrius , bale , & crespin , in vitis pontificium . d gen. 1. 28. c. 9. 1. c. 8. 17. e see d. halls honour of the married clergie : iohn bales acts of english votaries . f gratian. distinct 81. summa angelica matrimonium , sect 4. g levit 21. 7. 9 13. 14 15. ezra 10. 18. to 44. h heb. 13. 4. i gratian. distinct 27 to 35. 81. k mat 8. 14. mar. 1. 30. 32. 1 cor 9. 5. phi. 4. 3. act. 21. 8. 9. l see bishop halls honour of the married clergie , and m. fox acts and monuments vol. 2 p. 399. & 463. &c. edit ult. gratian. distinct . 38. 35. 32. 33. 34. m 1 tim 3. 2 3. 4. 5. 11. 12. tit. 1 6. n gratian distinct . 26. o 1 tim. 11. tit. 1. 6. p a bishop must be blamelesse , the husband of one wife , vigilant , sober , of good behaviour ; and 1 tim. 3. 2. 3. 4. tit. 1. 6. 7. 8. 9. all in the present , nor preter perfect tense or future . p a bishop must be blamelesse , the husband of one wife , vigilant , sober , of good behaviour ; and 1 tim. 3. 2. 3. 4. tit. 1. 6. 7. 8. 9. all in the present , nor preter perfect tense or future . q 1 tim. 4. 1. 2. 3. r gratian. distinct . 34. s gratian. dist . 26. to 35. t see cassandri consultatio . artic. 23. p. 987. &c. v mat. westminster , mat. paris , holinshed , speed , and others in the life of h. the 1. an. 1125. henry huntingdon , l. 7. p. 32. hovenden . annal. pars 1. p. 478. grafton , p. 40. polychron . l. 7. c. 16. x agrippa de vanitate scient . c. 64. wesselus , tract de indulgentis papalibus gravanina germaniae . y nic. de clemangis de corrupto ecclesiaestatu espencaeus de continentia & in titum . c. 1. 2. alvares pela gius de planctu ecclesiae , onus ecclesiae . bernardi concio in concilio rhemensi . cassand● consultatio . artic. 2● p. 987. 988 &c. z see the booke called charity mistaken . a mat. 7. 14. c. 20. 16. c. 22. 14. luc. 13. 23. 24. b see bellarin , de ecclesia : and charity mistaken . c see sir humfrey lyndes by-way , sect. 5. 6. & jean mestrezat traicte de 〈◊〉 escriture sancte , a geneve , 1633. d ●indanus l 2. strom c. 2. bellarmin de verbo dei. l. 3. c. 8. 9. costeri enchir. c. 1. salmeron prolegom . 1. stapleton l. 2. de author . s. scrip. vasquez tom. 3. part . 3. disp●● . 216. andrad●●s defens . conc. l. tridon . l. 2. declaration du per● basil . p. 77. 78. 79. p●gghius hierar . l. 1 c. 1. e eph. 2. 20. 21. mat. 16. 18 f joh. 21. 48. rom. 2. 16. rev. 22. 18. 19. g bartholmeus de pisa conformitatum lib. approved at assise by a generall chapter of the franciscans , aug. 2. 1389. as containing nothing in it worthy correction , and approved by three popes fol. 3. 4. 5. 13. 14. 17. 24. 39. 66. 78. 144. 149. 294 250. 254. 247. antonini chron. tit. 24. c. 1. 2. vincentius beluacensis speculum historiae l 3. c. 97. ribadencira fleurs des vies des saints part . 2. p 281 &c see philip mornay his mystery of iniquity london 1612 pag 34● 348 h psal . 3. 5. heb 2. 7. 9. i isa . 42. 6. c. 49. 6. luc. 2. 32. act. 13. 47. k joh. 8. 56. l joh. 3. 35. mat. 11. 27. m heb. 1. 5. n mat. 7. 21. 22. 23. c. 22. 14. o ribadeniera fleurs des vies des saints part . 2. p. 290. bonaventure in his chronicle . p rosatium be●nardi antonini chron. tit 24. c. 7. sect 4. peter moulin accroisement des eaux de siloe &c. p. 31. 32. * note here the policie and avarice of popes . q antouini chron. tit. 23. c. 1. 2. 3. see morney his mystery of iniquitie . p. 348. 349. 350. ribadeniera fleurs des vies des saints par . 2. p. 94. r joh. 20. s mat. 28. 18. t joh. 8. 12. v zech. 11. 7. x luk. 2. 7. y mat. 2. 1. to 20. z mat. 26. 36. a revel . 1. 5. b joh. 4. 16. c rom. 8. 34. 1 joh. 22. 3. d see surius & ribadeniera in the lives of s. francis , dominicke and antonine . e see bellarmine , de ecclesia , & romano pontif. f act. 2. 1. to 12. c. 10. 46. c. 19. 6. g ribadeniera fleurs des vies des saints part . p. 384. b ribadeniera ibid. pag. 563. i ribadeneira ibid. k antonini chron. pars 3. lugdun . 1543. tit. 23. c. 14. sect. 4. to 19. f. 180. to 188. ribadeniera fleurs des vies des saints part . 1. p. 435. to 44● . l nous &c. we under signing doctors in the faculty of theologie at paris certifie , that we have diligently read this book , &c. in which we have found nothing but what is conformable to the faith of the catholicke apostolike and roman church , and therefore we judge it very usefull and necessary to be published . novemb ult 1608 gesselni , blazi . m tho. walsingham ypodigma neustriae , anno. 1215. p. 55. n mat. 26. 26. o pere bosile , his declaration c. 7. p. 34. 35. p see officium s. crucis bren. roman . sab. in heb. 4. q officium b. mariae secundum usum sarum , & iohn bridges of the princes supremacy p. 481. to 490. r ribadeneira fleues des vies des saints part . 1. p. 332. 333. 2. s ibid. part . pag. 473. &c. t heures de nostre dame a l'usage de romera rov . and heures nostre dame secundum usum roven . in the letanie of the saints , sancta fides , ora pro nobis , sancta spes , ora , sancta charitas ora , &c. not found in the ancient offices secundum usum sarum . v 1 cor. 13. 13. z mat. 15. 14. lu. 6. 39. y isa . 3. 12. c. 9. 16. jer. 23. 13. ●2 . z si rusticus circa articulos credit suo episcopo proponenti aliquod dogma hae●eticum , meretur incredendo , licet sit error , quia tenetur credere donec ei constet esse contra ecclesiam . tollet . de instruct . sacerd l. 4. c. 3. a quam firma est aedificatio ecclesiae , quia nemo decipi potest per malum praesidentem . si dixerit domine obedi ut tibi in praeposito hoc tibi sufficiet ad salutem tu enim per obedientiam quam facis praeposito quem eeclesia tolerat dicipi nequis , etiamsi praeceperit alia quam debuit● praesumit enim ecclesia de illa sententia , cui si tu obedieris magna erit merces tua ; obedientia igitur irrationalis , e● consummata obedientia & perfectissima , scil . quando obeditur sine inquisitione rationis , sicut jumentum obedit domino suo . cusanu● exist . c. 1. l. 6. b contrary to 1 joh. 4. 1. 2. 2 joh. 10. 11. rev. 2. 2. 1 thes . 5. 20. 21. joh. 5. 39. act. 17. 11. col. 2. 8. 18. 19. phil 3 2. c see bellarmin de ecclesia contr. 2. d bellarmin , de concil . author . l. 2 c. 17. 19. gretzer , def . c. 10. l. 31 , de verbo . dei see sir humfrey lynde his by-way . sect. 19. e see platina on●phrius , luitprandius , stella , & balaeus de vitis pontificum , francis mariu● , & zabarella , de schismate , theodoricus a niem de schism . &c. f panegirolla , with others . g mat. 7. 13. 14 luc. 13. 23. 24. h luc. 12. 32. i bellarmin , sanders , and others de ecclesia . k isa . 2. 1. 2. 3. act. 2. 1. to 16. c. 1. 4. c. 8. 1. to 15. c. 11. 27. to 30. c. 15. 1. to 40. c. 16. 4. l act. 19. 31. c. 15. 41. c. 16. 5. 1. cor. 7. 17. c. 11. 16. c. 14. 33. 34. 2 cor. 8. 1. 18. 19 23. 24. c. 11. 28 gal. 1. 2. 2 thes . 1. 2. rev. 1. 11. 20. c. 2. 7. * unlesse it be the church that was in priscilla and aquila's house . rom. 16. 5. which diminutive church is far from catholicke and universall . n 1 pet. 5. 13. applied by bellarmin himself to rome . o 1 cor. 1. 2. 2 cor. 1. 1. c. 8. 1. gal. 1. 2. 1 thes . 1. 1. 2 thes . 3. 1. rev. 1. 11. 20. c. 2. & 3. p rev. 14. 8. c. 16. 19. c. 17. 5. c. 18. 2. 10. m diaboli inventum esse ut populus biblia legere permitteretur de tract . part. 1. assent . 3. q bellar. de verbo dei. l. 3. c. 10. gretzer . de● . c. 1. l. 1. de verbo dei. p. 16. r joh 21. 15 16. 17. t luc. 5 4 v mat. 16. 19. x luk. 22. 38. pope boniface interpreted it . de major . & obedientia . unam sanctam , &c. y mat. 28. 18. applied to pope leo the 10. in the councell of lataran by stephen arch-bishop of patracla . z see officium b. mariae secundum usum sarum the rubrickes ; there pere basile his declaration . c. 12. p. 61. &c. b act. 10. 11. 12. 13. b mat. 21. 1. 2. 3. ma● . 11. 1. 2. 3. c joh. 12. 32. d ce● . 1. 1. e gen. 1. 16. f d●cretalium l. 1. de majoritate & obedientia tit. 33. c. solitae . g glossa ibidem . h matthew westm . an. 609. p. 209. jean c●●spin lesta● , d● l●●glise . p. 1●● . 184. platina , balaeus , and others in the life of boniface the 3. i john 1. 42. k sermo in fest greg. papae , & senno . ● . in festo s. petri. l ephes . 4. 15. 16. c. 5. 22. 23. 24. 29. m mat. 26. 52. n de major . & obed. unam sanctam , &c. o jer. 1. 10. p serm. in festo greg. papae . extran . de ma●oritate & obedientia . ● . unam sanctam . q de consid . ad eugenium . l. 2. c. 6. rusticani magis sudoris schemate quodam labor spiritualis , expressus est , &c. r psal . 91. 13 s jean ▪ crespin , l'estat . de l'esglis . p. 357 balaeus & platina in alexandro . 3. grimstons imperiall history . in fred. 1. t rev. 12. 4. to the end . 1. pet. 5. 8. v 1 cor. 9. 4. x extran . de major & obedientia . in concil . lateran . sub . l●o. 10. p. 671. anton . sum. parte . 3 tit. 22. c. 5. pope innocentius the 3. his workes . in popes epistles in aventine . & in papists who defend the popes supremacy . y see platina , crespin . balaeus & volateran de vitis pontificum romanorum eutorpius : grimstons imperiall history , morney his mystery of iniquity , abbas uspergensis volateranus , the century writers , carolus , moluiaeus , with others . z see aventic . annal. boyorum . a mat. 17. 24 26 27 b mat. 22. 21 c rom. 13. 1. to 9. d 1 pet. 2. 13. 14. 15. e see balaeus & benno in vita greg. 7. with abbas uspergensis , & grimston in the life of fredericke barberossa and henry the third . * 1 king. 2. 26. 27. f mat. 26. & 27. g act. c. 25. & 26. & 27. & 28. 2 tim. 4. 16. 17. h see doctor crakenthorpe of the popes temporall monarchie . h see doctor crakenthorpe of the popes temporall monarchie . i mat. 7. 8. 9. luk. 4 5. 6. k prov. 8. 15. psal . 22. 28. dan 4. 25. c. 2. 21. c. 5. 21. 22. job . 9. 5. to 13. 2 chron. 2● . 6. 7. c. 9 , 8. 1 tim. 6. 15. rev. 17. 24 c. 19. 16. l joh. 18. 36. m declaration du pere basil . p. 72. n cassandri consul●atio . artic. 21. hieron . lamas sum. pars. 3. 2. adeo gens affecta est truncis corrosis & deformibus imaginibus , ut me teste , quoties episcopi decentiores po●ere jubent , veteres suas p●tant plorantes , &c. o see mos●● of equivocation . p 〈…〉 . q marial . part 3 ▪ serm. 3. excellent 4. gabriel biel in cen. missae . lect. 80. joan. gerson . tract . 4. super magnificat . r fons misericordiae , mater misericordiae , &c. so is mary stiled in most offices , primers , houres and popish masse-bookes : as if all gods mercy were derived from her . s de excellentia . b. virginis . t eia ●rgo advocata nostra . officium . b. mariae secundum usum sarum ; & in all other offices ancient and moderne . v see bishop vshers answere to the jesuites challenge , p. 490. 491. x psa . 110. 1 y psal . 71. 1. 2. 3. y psal . 71. 1. 2. 3. z see wicklisse . dialog . l. 4. c. 15. 26. 33. to 39. a see bellarmin de ecclesia l. 3. c. 2. marsilius patav. defens . pacis . part . 2. c. 2. b ephes . 2. 20. mat. 16. 18. 1 pet. 2. 5. 6. 7. c jure matris impera tuo delectis●imo filio domino nostro jesu christo . corona b. mariae virginis , bonavent . opera . tom. 6. romae . 1588. inclina vultum dei & filii rui super nos : coge peccatoribus misereri . ibidem ; monstra ●e esse matrem ; jurematris impera : offic. b. mariae . d see tho. beacons reliques of rome . e see tho. beacon of exorcismes and conjurations . vol. 3. f. 101. to 133. f mat. 26. 27. g quia in nonnullis partibus mundi perversus mos pullulate incipit , ut sacerdotes laicos sub utraque specie , panis viz. & vini , commanicare non cessont , contra romanae & universalis ecclesiae consuetudinem approba●am , unde scandala & haereses verisimiliter oriti saspicantur petimus ; nos , &c. per vestras re verendissimas paternitates provideri salubriter ecclesiae dei. &c. hinc est quod praesens concilium sacum generale ●onstantiense , in spiritu sancto legitime congregatum , adversus hunc errorem provideri satagens , matura plurium doctorum tam divini , quam humani juris deliberatione praehabita , declarat , decernit & diffinit : quod licet christus post c●●nam instituerit , & suis discipulis administraverit , sub utraque specie panis & vini hoc venerabile sacramentum : tamen hoc non obstante : &c. sessio . 13. surius . tom 3. p. 821. 822. h p●rtinaciter asserentes oppositum praemissorum , tanquam haeretici arcendi , per dioce sanos locorum , aut inquisitores haereticae pravitaris concil . constant . ibid. object . 1. i eph. 5. 22. 23. 24. col. 3. 18. 1 tim. 2. 11. 12. ● pe● . 3. 1. answ . 1. k ephes . 5. 22. 23. 24. c. 6. 1. 2. col 3. 20. to 26. 1 tim. 6. 1. 2. rom 13. 1. to 7. 1 pet. 2. 13 14 18. c. 3. 1 tit. 3. 1. l deut. 4. 2. josh . 1. 7. pro. 30. 6. rev. 22. 18. 19. m 1 cor. 1● . 25. 26. luc. 22. 19. n exod ▪ 20. 15. mat. 19. 18. rom. 2. 21. c. 13. 9. ephes . 4. 28. o mat. 26. 27 1 cor. 10. 4. 16. 17. p 2 cor 5. 14 15. 1 joh. 1. 7. c. 2. 1 2. rev. 1. 5. c. 7. 14. act. 20. 28. rom. 5. 9. ephes . 1. 5. c. 2. 13. heb. 13. 11. 12. c. 9. 11. to 26. 1 pet. 1. 2. 19. q joh. 14. 15. 21. 23. 24. r act 4. 19. c. 5. 29. s mat. 26. 28 mat. 14. 24. luk. 22. 20. 1 cor. 11. 25. heb. 9. 20. c. 1● . 29. c. 13. 11. exod. 24. 8. zech. 9. 11. rom. 4. 11. t jer. 33. 20 21. c. 31. 35. 36. 37. isa . 54. 9. 10. psal . 111. 7. 8. 9. v mat. 28. 19. 20. x 1 cor. 11. 17. to 30. y 1 cor. 10. 21. c. 11. 20. z gen. 24. 54. c. 25. 34. c. 27. 25. c. 43. 34. exod. 24. 11. c. 32. 6. judg. 19. 4. 6. 21. 2 sam. 11. 13. 1 king. 1. 25. c. 4. 20. c. 18. 41. 1 chron. 29. 22. est . 1. 7. 8. job 1. 13. isa . 22. 13. mat. 11. 19. luk. 10. 7. a cant. 5. 1 : b rev. 22. 17. c mat. 26. 27. d prov. 9. 2. 5. gen. 14. 28. e esth . 1. 7. 8. dan. 5. 3. 4. reply . f mat. 19. 7. 8. rejoynder . g deut. 24. 1. 2. 3. 4. c. 16. 17. c. 12. 1. mar. 7. 8. 10. c. 3. to 10. compared together . object . 2. answer . 1. h concil . trident , sessio . 21. c. 1. 2. suriu● . tom. 4. p. 957. i mat. 26. 27. k mar. 14 23. l sessio . 22. can. 2. de sacrificio missae surius . tom. 4. p. 962. m 1 cor. 11. 25. n rev. 1. 6. 1 pet. 2. 5. o 1 cor. 10. 2. 3. 4. k 1 cor. 1. 1. 2. l 1 cor. 10. 21. m 1 cor. 10. 16. 21. n 1 cor. 11. 26. 27. 28. 29. o mat. 196. p joh. 6. 53. 54. 55. 56. * christ saith not here ; the bread is my flesh indeed , as popelings dreame , but quite contrary : my flesh is meate ( to wit bread ) indeed . and my blood is drinke ( to wit wine ) indeede : therefore if there be any transubstantiation here implyed , it must be of christs body and blood into bread and wine indeed : not of bread and wine into christs body and blood . q 10. 6. 24. 26. 23. 29. 31. 32. 34. 35. 41. 42. 43. 49. 5● . ●3 . object . 3. r concil . constantiense . sessio . 13. surius . tom. 3. p. 821. concil . trident. sessio . 21. cap. 3. answ . s see ( z ) before . job 1. 18. mat 11. 18. 19. luk. 10. 7. t mat. 26. 26. 27. joh. 6. 52. to 59. 1 cor. 11. 25. to 3● . v see ( ● ) before . x mat. 26. 26 27. 28. 1 cor. 11. 24. 25. &c. y matth. 29. 27. z mat. 26. 27. 18. 1 cor. 10. 16. 21. c. 11. 25 to 30. object . 4. a see ( r ) before . answ . 1. b mat. 26. 26. 27. 1 cor. 11. 23. to 30. c 1 cor. 11. 25. 26. mat. 26. 27. 28. d mat. 26. 27. 28. mat. 19. 24. luk. 22. 20. 1 cor. 11. 25. 26. e heb. 9. 22. f rev. 1. 5. heb. 9. 14. 1 john 1. 7. g luk. 22. 19. 20. 1 cor. 11. 24. 25. 26. mat. 26. 26. mat. 14. 24. r mat. 26. 27. 28. object . 5. s luk. 24. 85 act. 2. 46. c. 20. 7. see doctor featly his grand sacriledge , c. 12. p. 148. answ . t mat. 6. 11. object . 6. ( f ) see joan. gerson , defensio de creti concil . constant . answ . incon. 1. ( c ) gratian de consecr . distinct 2. c. si quis per libr. sunima angelica eucharistia . 3. sect. 43. inconv . 2. inconv . 3. y see cyprian valerian de sacerdotum ba●bis . incom . 4. incom . 5. incom . 6. z jean . crespin & grimston , in henry the 7. platina & bal●us in victor . 3. a mat. paris , an. 115. p. ●8 . b see speedes history . p. 587. incom . 7. c 1 cor. 11. 27. 29. d rev. 1. 5. 1 joh. 2. 2. 3. mat. 26. 27. 28. e 1 cor. 10. 16. 21. c. 11. f comperimus autem quod quidam sumpta tantummodo corporis sacri portione , a calice sacrati cruoris abstineant , qui proculdubio● quoniam nescio qua superstitione docentur astringi ) aut integra sacramenta percipiant , aut ab integris arceantur ; quia divisio unius ejusdemque mysterit sine grandi sacrilegio esse non potest . apud gratianum . de consecrat ▪ dist . 2. g sessio 13. surius . tom. 4. p. 821. 822. h ipsa sancta synodus decernit patriarchis , primatibus , archiepiscopis , episcopis , &c. processus esse . dirigendos ut effectualiter puniant eos . qui communicando populum sub utraque specie panis & vini exhortati fuerint , & sic faciendum esse docuerint , & si ad paenitentiam redierint , ad gremium ecclesiae suscipiantur , injuncta eis pro modo culpae poenitentia salutari . qui vero ex illis ad poenitentiam redire non curaverint animo indurato , per censuras ecclesiasticas per eos ut haeretici sunt coercendi , invocato etiam ad hoc ( si opus fuerit ) auxilio br●chii secularis . concil . constantiense , sessio 13. surius . tom. 3. p. 822. i qua propter dicere quod hanc consuetudinem aut legem observare , sit sacrilegivm , aut illicitum , censeri debe● erroneum ; & per tinaciter asserentes oppositum praemissorum , tanquam haeretici , arcendi sunt & graviter puntendi , &c. ibidem . k sessio . 13. suri●s tom. 3. p. 821. 822. l sessio . 13. de eucharisticae sacr. can. 3. surius . tom 4. 935. 936. l g●atian de ●ons . dist●nct . 2. 〈…〉 . decret pa●s . 2. see geor●● ca●s●ander , consulta●●● de sacra commu . sul u● raque sperisi ●perum , p. 1019. &c. m matth. 26. 26. n the words in the canon of the masse run thus : who in the same night he was betrayed tooke bread into his holy and venerable hand , & lifting up his eyes to heaven to thee o god his almighty father ▪ he blessed , brake , and gave it to his disciples , saying , take and eate ye all of this , for this is my body . in like manner after supper taking also the cup into his sacred hands , giving also thankes to thee , he blessed and gave to his disciples , saying , drink ye all of this , &c. all which words are meerly narratively & historically recited , relating onely what christ spake . a gen. 35. 1. 3. 7. exod. 20. 14. 25. 26. c. 27 1. c. 40. 5. 10. b heb. 7. 12. to 28. c. 6. 1. to 13. c. 9. 2. to 18 c. 10. 1. to 23. c. 13. 11. 12 13. c 1 cor. 10. 2. 3. 4. 18. heb. 13. 10. 11. 12. d heb. 7. 11. 12. 13. 14. 24. 25. c. 8. 7. 8. 9. c. 9 9 , 10 , 11. 25 , 26 , 27 , 28 c. 10 1 , 2 , to 22 c. 13 10 to 19. col. 2. 14. to 23. 1 cor. 9. 13. 14. c. 10. 16. to 22. c. 11. 20. to 34. e see the coale from the altar ▪ doctor ●ocklingtons sunday no sabbath , & altare christianum . d. heylins antido●●● l●n●olniense . m. meede , of altars , and edmond re●ve , exposition of the catechisme in the common prayer booke . f mat. ●6 . 20. 26. mar. 14. 3. 18. 22. luc. 22. 14. 19. iohn 13 4. 12. 23. 25. 26 28. compared with 1 sam. 16. 11. psal 128. 3 cant. 1. 12 ioh. 11 ▪ 2. 1 king. 12. 20. mat. 9. 11. c. 26 , 7. lu. 7. 36 37. 49. c. 11. 37 mark. 2. 15. g rev. 4. 9● . 10. 11. c. 5. 13 c. 7. 11 , 12. c. 19 10 c. 22. 8 , 9. 1 chron. 16. 26. to 33. heb. 1. 6. c. 5. 4. 2 pet. 1. 17. object . 1. h archbishop lauds speech in starchamber , june 14. 1637. p. 44. gen. 28. 17. &c answ . object . 2. k num. 20 6. arch-bp . lauds speech in star-chamber , june 14. 1637. p. 43. 44. translated and reprinted in french and dutch , and so well approved at rome , that it is there translated and printed in latine . l exod 40. 6. 7. 29. 30. object . 3. m 2 chron. 29. 29. 30. arch-bp lauds speech ibid. p. 44. n gen. 24. 26. 27. 48. 5. 2. exod 4. 31. c. 12. 27. c. 34. 8. 1 chron 29. 20. neh. 8 1. 2. 6. answ . o gen. 24. 52 exod. 34. 8. j●sh 5. 14. c. 7. 6. n●h . 8. 6. esa . 49. 23. 2 chron. 7. 3. this they did to testifie both their reverence , humility , and that they were but vile dust and ashes , gen. ●8 . 27. job 42. 6. c. 4. 19. josh 7. 6. psal . 119 25. lam. 3. 29. isay 29. 4. object . 4. p psal 95. 6 , archbishop 〈◊〉 p 44. q 1 chron. 13 to , 11. r archbishops speech , p. 47 ſ this psalme and text is read , not at the beginning of prayers , but after the confession , absolution , & lords prayer just before the psalmes are read , and that onely at morning prayer , not evening ▪ besides , this clause is not in the beginning , but in the midst of this psalme , so that if you bow by vertue of it , it must not be at your entring in , or going out of the church , or at your approaches to , or ●ecesses from , or your passings by the altar , nor yet at evening prayer , but just when this clause is read object . 5. answ . t ibid. archbishop . p. 43. u col. 2. 22. 1 chron. 13. 10. c. 15. 12. 3. 15. x isai . 1. 12. y gen. 27. 29 c. 43. 6. 26. exod. 20. 12. ephes . 6. 2. 1 sam. 20. 21. 2 sam. 14. 22. 23. see edmund gurney his vindication of the 2 commandement z isai 44 10. to 21. a exod. ●0 5 levit. 26. 2. num. 25 2. deut. 5. 9. iosh . 23 7. 16. iudg. 2. 19. 12. 17. 1 kings . 19. 18. 2 king ; 17. 35. b archbishop speech . p. 49 d●o et altari . &c. c see gregory de valentia apologia de idololatria , & vasquez , l. 2. de adoratione . d archbishops speech . p. 43. e archbishop ibid. p. 49. f psal . 72. 9. 22. 27 86. 9. 95 6. deut. 26. 10. isay . 66. 23. mich. 6. 6. rev 3 9. c. 15. 4. 1 sam. 2. 18. c. 3 1. 1 chron. 16. 1. 2 chron. 2. 6. c. 6. 19. g psal 95. 6. h 2 chron. 25. 14. ezek. 44. 12. c 8. 16. rev. 22. 8. 9. isay . 44. 12. 14. edit . iunij . i luk 4. 7 , 8 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; adoraveris coramme , as the vulgar latine , and others render it k 1 chron. 15. 13. object . 6. l psal . 28. 2. exod. 25. 21. num. 7 8. 9. psal . 5. 7. iosh . 7. 6. m reeve . p. 132. shelfords answer . sermon of gods house . cole from the altar . p. 52. archbishops speech . p. 47. 48. n exod. 25. 17. to 23. num 7 8. 9. iosh . 7. 6 to 17. psal . 99. 1. 5. 9. psal 28. 2. psal . 80. 1. 2. exod 30. 6. 1 chron. 13. 3. 6. levit. 16. 2. 1 sam. 4. 4. 6. 7. 1 chron. 21. 30. o see a quench coale p. 37. to 44. p neh. 8. 4. to 9. luke . 4. 16. 20. 21. 22. acts 13. 15. 16. r 1 cor 4. 1. 2 cor. 5. 20. matth. 28. 19. ●0 gal. 4. 24. ſ see a quench coale p. 3. 7 to 44. t exod. 25. 17 to 22 levit 16. 13. 14. 15. num. 7 8. 9. u exod. 25. 17. to 23 num 7. 8. 9 heb. 9. 5 levit. 16. 2. x neh. 8. 1. 4 6. 7. object . 7. y heylin antid . lincolniense sect. 2. c. 7. p. 79. and others . z exod. 26. 33 34. levit. 16. 2 3. &c. answ . a levit. 16. 34. exod. 30. 10. heb. 6. 7. b heb 9. 6. to 28. object . 8. c acts. 3 21. c 9. 56. heb. 9 24 rom. 7. 34. d 1 kings . 8. 29. 30. 35. 38 42. 44. 48. 2 chron 6. 21. 26 29. 34. 38. psal . 5 7. psal . 138. 2. e see this object on fully answered in the quench coale . p. 240. to 245. answ . f 1 kings . 3. 37. 38. 44. 45. 4● . 48. 2 chro. 6 24 25. 29. 34. 36. 37. 38. 39. daniel . 6. 10. g dan. 6. 10. 2 chron. 6. 29. 30. h 1 chron. 6 24. 25. 28. 29. 34. 36. 37. 38. dan. 6. 10. i deut. 12. 11 1 kings 8. 29 10. 11. 12. 13. 2 chron. 5. 13. 14. c. 6. 1. 2. 20. 41. c. 7. 1 2 3. 12. 15. 16. k psal . 103. 19. psal . 11. 4. ezra 5. 11. 12 ●am . 3. 41. ma●th 6 9. l iohn 17. 1. c. 1● . 41. m ●am . 3. 11. psal . 〈…〉 psal . 123. 1. ● . psal . 25. 15. isai 51. 6. 1 kings 8 2● . n 1 kings 8. 23. 30. 35 38 42. 41. 48. 2 chron 6 21. 26 29 34. 38. c. 7. 12. to 17. o dan 6. 10. p 2 chron. 6. 24. 26. 29. 32. q the pot of manna was not in the arke , when it was brought into the temple , but onely the two tables of the law , 2 chron. 5. 10. 1 king 8. 9 therefore it s a fable which some say , that they prayed & looked toward the temple , because the ark stood there , & to the ark , because the manna was in it , which typified christ , and the sacramentall bread . joh. 6. 33 , 34. r psal . 74. 8. ma● . 6. 2. mark. 1. 21. 39. luk. 4. 15 , 16. iohn 16. 2. act. 9. 20 c. 19. 8. ſ 1 king. 8. 44. 48. 2 chro. 6. 34. 38. t dan. 6. 10. * land , city , temple , but not altar . u 1 kings 8. 48. 2 chron 6 38. x and he stood before the altar of the lord &c. 1 kings . 8. 22. 2 chron 6. 12. 13. so the priest . stood [ not bowed ] at the east end of the altar . 2 chron 5. 12. * before the congregation [ not the altar ] saith the text. y gen 18. 22. c. 19. 27. 2 chron. 6. 12. 22. c. 7 1 see num. 23. 1. 2. 3 6. 14. 15. 17. rev. 8. 3. 1 kings 13. 1. 2 chron 5 12. 1 kings 8. 22. z 2 chron 7. 1. 2. 3. object 9. a exod. 3 5. iosh . 5. 5. isai . 20. 2. acts. 7. 53 b dr. laurence his sermon on this text and others . answ . c see burtons melancholy . p. 673. augustinus de haeresibus gratian. causa . 24 qu. 3. isiodor . hispal . orig . l. 8. c. 5. * we read they were but once commanded to doe it , not alwayes , & they only & no other . d bishop lauds and w●ers ●●tation articles . object . 10. e eccles . 5. 1. mr. yates and others . object . 11 f rev. 4. 10. 11. c. 5. 8. 14. c. 19 4. mr. yates . answ . g rev. 5 11. compared with c. 7. 9. 10. 11. h rev. 4. 9. 10. 11. c 5 8. 9. 13 14. i rev. 5. 8. k rev. 4. 10. c. 5. 8. 14. c. 19. 4. l isai . 8. 20. 1 cor. 3. 19. m archbishops speech , p 47 , 48. shelford reeve , widdows heylin , dr. laurence , & others . object . 12. answ . n psal . 103. 19. psal . 11. 4. acts 7. 49. esay 66. 1. mat. 5. 34 35. o act. 1 9 11 c. 3. 2● . luk. 24. 51. act 2. 34. rom. 8. 34 he. 4. 14 c. 8. 14. c. 9. 24 26. c. 10. 12 , 13. c. 12. 2. rev. 3. 21. p acts 3. 21. mat. 28. 6. joh. 10 28. c. 17. 11 lu. 24. 51. he. 8. 1 4. reply answ . q mat. 28. 20. c 18 20. 1 cor. 14 , 25. r the altar is the greatest place of gods residence upon earth : i say , the greatest , yea , greater then the pulpit . for there t is , hoc est corpus meum , this is my body : but in the pulpit it is at most , but hoc est verbum meum , this is my word . and a greater reverence ( no doubt ) is due to the body , than to the word of our lord. and so in relation , answerably to the throne , where his body is usually present , then to the seat where his word useth to be proclaimed , &c. archbishops speech in star-chamber , p. 47. a rotten absurd passage , of false romish divinity . reply . answ . reply . ſ matth. 26. 26. archbishops speech . p. 47 48. answ . t 1 cor. 10. 16. gal. 3. 1. u matth. 26. 26. 1 cor. 11. 23. 24. reply . answ . x 1 cor. 11. 23. 24. 25. 1 tim. 4. 5. y 1 cor. 12. 12. 27. ephes . 1. 22. 23. z 1 cor. 3. 21. 22. prov. 9. 2. 5 rev. 22. 7. a phil. 2 ▪ 7. 8. heb. 2. 14. 16 17. b gal. 2. 20. 1 cor. 14. 25. ephes . 3. 17. iohn 17. 21. 23 2 cor. 6. 16. iohn 6. 51. 1 iohn 3. 24. 2 cor. 13 5. c 1 cor. 12. 12. 27. ephes . 23. col. 1 18. 24 1 cor. 6. 15. ephes . 2. 21. 22. 1 per. 2. 5. iohn 1. 〈◊〉 to 26 d ephes . 3 16 gal. 2. 20. rom 5 17. 21. 1 cor 14 25. e iohn 1. 1. 2. 14. 1 iohn . 5 7. f matth. 26. 26. 28. 1 cor. 11. 23. 24 g iohn . 5. 25 1 pet. 1. 23. 1 cor. 4. 15. h iohn . 2. 25. 1 pet. 1. 23. rom. 10. 13. 14 15. i iam. 1. 21. 25. mark. 16. 15. 16. rom. 1. 16. 1 cor. 1. 18. ephes . 1. 13 1 tim. 4. 16. k accedat ve 〈◊〉 ad elementum ut fiat sacramentum augustin . l 1 pet. 2. 2. 3. deut 6. 6. 7. 8. 9 m b●●um quo communius eo melius aristotle n archbishops speech . p. 47. o 1 cor. 10. 16. reply . answ . p joh. 5. 25. ephe. 1. 18 , 19. 20. rom. 1. 16. ephe. 2 1 , 2. 1 cor. 1. 18. acts 19. 19 , 20. heb. 4. 12. q act. 13. 26. c. 14. 3. c. 20. 32. phil. 2. 16. acts 19. 20. r matth 6 11. hebr. 5. 12 , 13 , 14. 1 pet. 2. 1 , 2 3. 1 tim. 4. 6. ſ mat. 28. 19 20. act. 19. 9 , 20. c 16. 14 , 15. rom 1 , 16. joh 16. 63. act. 2. 4. 17. 2 cor 3. 8. 18. gal. 3 2. ephes . 6. 17. 2 thes 2 8. heb. 1. 4. 12. rev 2. 7 t isaih 61. 1. mat. 4. 17. mat 1. 4 7. 14. 38 , 39. c. 2. 2. luk. 3. 18. ioh. 8 , 2. act. 5. 42. rom 1. 16. 1 cor. 1. 17. 2 tim. 4. 11. reply answ . reply u 1 cor. 11. 27 , 28 , 29. answ . x see the practise of piety , in the preparative to the sacrament ▪ where all this is at large deba●ed and proved , with mr. philpots examin . fox act. & mon. vol. 3. y iohn . 6. 40. 47. 48. 49. ephes . 3. 17. gal. 2. 20. z iohn . 6. 22. to 64. 1 cor. 11. 20. to 34. c. 10. 16. 17. 21. a 1 chron. 28 2. psal . 39. 5. psal . 132. 7. isay 66. 1. matth. 9. 35. b matth. 28. 6. acts 3. 21. luk. 6. 51. c heb. 9. 24. 28. 1 thes . 1. 10. d matth. 24. 23. mar. 13. 21 luk. 17. 23. e heb. 9. 24. 28. ●am . 3. 41. f 1 pet. 3. 22. eph. 6. 9. lam. 3. 41. g see bishop mortons institution of the sacrament . b. 7. p. 504. to 541. where this is largely manifested . h luke . 4. 8. rev. 19. 10 c. 22 9. i bishop mortons institution of the sacrament . b. 7. throughout : for what other thing doe they ( popish priests when they are bowing and bleating before their images , burning incense and fall downe flat before their altars , but that which in times past the prophets of baal did when as they transported the worship of god unto an idol● sir iohn borthwicke martyr : answer to this 7. article . fox acts & mon. edit . ult . vol. 2. p. 610. a. k bishop mortons institution of the sacrament . edit . ult . p 463. reply * widdows , shelford , and others make this objection , use this similitude . see my quench-coale , p. 55 , 56 , 57. 38. to 44. 277. to 284 answ . a i●gens autem est vesania eorum qui talia dicunt . nam rex purpuram indutus , ab omnibus adoratur ; nunquid ergo purpura adoratur , aut rex ? manifestum est quod rex : vbi vero rex hanc exu●t , & in locum reposuit , non amplius vestis purpura adoratur . sedet etiam in templo sape rex in proprio thron● , & adoran●es adorant regem in templo ac throno proprio ; vbi vero surrexit rex , nemo neque templum neq , thronum adorat . nemo autem adeo insanus est , ut adorare volens regem in throno , dicerad regem , surgeex throno ut te adorem ; sed adorat regem cum throno . epiphanius , lib. anchoratus , col. 970. 971. * see 1 chron. 28 2. psal . 99. 5 psal . 132. ● . ●am 2. 1. where the arke and temple , are stiled gods footstoole , not his throne or chaire of state . b ephes . 3. 17 2 cor. 13. 5. psal . 2. 20. 2 cor. 6. 15. c 2 cor. 12. 12. 37 1 cor. 6 15. 19. eph. 5. 30. col. 1. 29. d 1 cor. 10. 12 ephes . 4. 12 13. e 1 cor. 6. 15 19. 1. pet. 25. 1 cor. 3. 10. 17 2 cor. 6. 16. eph. 2. 2. f 1 cor. 10. 16. 2 cor. 5. 20 gal. 4. 14. g col. 1. 23. 24. 1 thes . 3. 1. 1 tim 4. 6. 1 cor. 4. 1. 2 cor 3. 6. heb. 1. 7. ephes . 4. 12. 1 tim. 1. 12. 2 tim. 4 5. rom. 12. 7. h isay . 44. 9. to 21. psal . 115. 8. baruch 6. i matth. 28. 15. 16. iohn 3. 3. 5 rom. 10. 13 14. 15. k ephes . 2. 20 , 21. l mat. 18. 20 luk. 24. 3. re. 5 6 joh. 20. 13. 26. c 19. 26. m numb . 5. 3 psa . 46. 5. ps . 48 ier. 14. 9. hos . 11. 9. ioe . 2. 27 zeph. 3. 5. 15. 17 zech. 2. 5. 10 , 11. cap. 8. 3. rev. 1. 13. c. 2. 3. c. 5. 6 heb. 2 12. 1 chro. 16. 1. exod. 8. 22. ezech. 43. 7. 9. n ephe. 3. 17 gal. 4 6. 2 cor. 1. 22. o per altare c●r nostrum intelligitur , quod est in medio corporis , sicut altare in medio ecclesiae , rat. divin . lib. 1. * laici juxta altare non sedeant , nec inter clericos sta●e vel sedere praesumant , sed pars illa quae cancellis ab altari dividitur , tantum psallentibus p●teat cle●icis . iuo ca●notensis , decret . pars . 2. c. 1 37. sed & hoc secundum auth●ri atem canonum modis emnibus prohibendum , ut nulla foemina ad altare p●aesi●●at accedere , aut infra cancellos stare aut sedere . conc. nan. apud sur. tom . 3. p. 569. object . p antid . lincoln . sect. 2. c. 7. pag. 86. answ . q ideo dictus chorus , quia in sacris collectis in modum coronae circa aras starent , & ita psallerent . isiod . hisp . orig. l. 6. c. 19. r de vniverso . l. 5. c. 9. ſ durandus rat. divinorum l. 1. c. 1. nu . 18 durantus de ritibus ecclesiae , l 1. c. 17. n. 1. barthol . gavanus ; commen . in rubt . miss . pars . 1 tit. 15. sect . 2. cassan . litur . c. 22. t o miraculum quicum patre seorsum sed●t , in illo ipso temporis articulo omnium manibus pertractatur , &c. fit autem id nullis praestigiis , sed apertis & circumspicientibus circumsistent ium omnium oculis . de sacerdotio . l. 3. edit . fronto-ducaei . tom. 4. p. 28. see l. 6. p. 83. multitudinem conspexisse altare ipsum circumdantium . u pro omnibus hic circumstantibus . canon missa : and , omnium circumstantium qui tibi hoc sacrificium laudis offerunt . ib. honorius in genima l. 1. c. 66. durandus rationale diu . l. 4. c. 53. fox act. & monum . edit . ult . vol. 3. p. 3. 11. cassandri liturg. p. 22. 25. 61 , 62 , 65 , 66. 72. 94. neque canon debet nimium tacite legi , sed expressa voce , ut a circumstantium , posset a●diri & percipi , cum circumstantes debeant ad orationes singulas respondere , amen . gerardus . lerithicus de missa puel . prorogand . * altare domini multorum multi●udine circund●tum . athanasius in vita antonii , in bishop mortors institution of the sacrament , l. 6. c. 5. p. 462. circunstant autem eum soli eum sacerdotibus ministri selecti . dionysius areop . eccles . hierarch . c. 3. x sacerdos solus missam nequaquam celebret , &c. esse enim debent qui ei circunstent , quos ille salutet , a quibus ●i respondeatur , & ad memoriam illi reducendus est ille dominicus sermo . vbicunque fuerint duo vel tres in nomine meo congregat● , ibi sum & ego in medio eo●●m : spelmanni concilia . p. 589. cassand●i liturgica , c. 33. p. 8. which was taken out of gregory , lib. capitulari . c. 7. regino de eccles . officiis , c. 19. y bibl. patrum . tom. 15. p. 787. c. ● . z ser●o ad clerum in concil . rhem. col. 1726. jesus autem in medio est , non in angulo : unde ipse in 〈◊〉 angelio , vbi duo , inquit , vel tres congregati fuerint in nomine meo , in medio eoru● sum . et iterum , jesus autem transiens per medium illorum ibat . et in libro sapientiae , in medio , inquit , ecclesiae aperuios meum . et rursus in evangelio dicitur , stetit jesus in medio discipulorum subrum . vae mihi domine jesu , si tecum ero in domo tuae , & non in medio domus tuae . at isti non sic , sunt quidem cum jesu , sed non in medio domus ejus , &c. a de ecclesiasticis officiis , l. 2. c. 8 concil . aquisoran : sub ludov : surius tom . 3. p. 298. circa aram christi , quasi columnae altaris sisterent . b liturgia sancti petri bib . patrum tom . 1. p. 210. & liturgia sancti iacobi , ib. p. 18 , 19. missa aethiopica , et missa mozarab . & muzarab : ibid tom . 15. p 746. 748. 763. c. 78. missa christianorum apud indos , ibid. p. 790. a. 791. a. & liturgia basilii , & chrysostomi . c rational . div . l. 1. cap. de consecrat . altaris , & l. 4. c. de thurificatione pontif. roman . p. 144 , 145 , &c. * tunc acolyti vadunt dextralaevaque post episcopos circa altare . subdiaconi finito offertorio , vadunt retro altare , aspicientes pontificem , stantes erecti . ordo romanus de officio missae , apud georg. cassandri opera , p. 101 , 102. 107. 112. 118 , 119. d eccles . hist . l. 10. c. 4. e hom. 1. in isai , c. 6. vidi dom. de sacerdotio , l. 3. & 6. and in his liturgie . f de verbis domini , serm. 46. g eccles . hierar . l. 3. h oratio . 21. i eccles . hist . l 5. c. 22. k eccles . hist . l. 12. c. 34. l eccles . hist . l. 2. c 3. m de rebus eccles . l. 4. c. 19. n rationale divinorum , l. 1. c. 2. n. 15. c. 1. n. 18. c. 7. n. 15. see cassandri liturgica , c. 3● . p. 84. and my quench-coale . p. 11. to 30. 235. to 239. 290 , &c. o de origine altarium c. 6. p. 135. p de missa l. 2. c. 1. p. 177. q tablean , des differens , part . 5. c. 6. p. 307. r nouvaute du papisme contr. 11. c. 17 , 18. p. 1022. f cathol . orthodox . tom . 1. qu. 29 p. 514. t scripta anglicana p. 475. u in his workes p. 476 , 477. x fox acts & monuments , p. 1211 , 1212. y notes on exod. c. 20. & 27. p. 279 307 z fox acts & monuments , p 1404 1406. a answer to hardings preface . reply to harding , artic. 3. divis . 26. arti. 13. divis . 6. p. 362. b answer of a true christian to a counterfeit catholique , artic . 15. p. 55 , 56 confuta . of the rhemish testament notes , on 1 cor. 5. 11. sect . 18. 9. hebr. 13. sect . 6. defence against gregory martin c. 17. sect . 15. c answer to the rhemish testament notes on 1 cor. 11. sect . 18. d institution of the sacrament , l. 6. c. 5. p. 462. e synopsis papismi contr . 9. qu. 6. error . 53. f roma sater , l. 3. c. 13. l. 2. c. 4. p. 31. h crantzius me trop . l. 1. c. 9. hospinian de orig. alt. c. 6. histor . sam. l. 3. c. 1. p. 184. i see my quench . coale p. 157 , to 160. 3. to 37 & 269. 237 , 238. 290. beda , eccl. hist . l. 5. c. 11. 17. 18. 21. k beda eccl . hist . l. 2. c. 3. antiq eccle . brit. p. 7. habet hoc in medio pene sui altare , &c. g chemnitius examen concil . trident. pars 4. platina in nich. 3. anastasius de vitis pontif. p. 68 , 69. thomas becons workes , vol. 3. p. 281 , 282. hospiman de orig. altar . p. 35. l caenbdens brit. p 460. m beda eccl . hist . l. 3. c. 19. sed p●st annos quatuor . constructa domuncula cultio●i recep●ui corporis ejusdem , ad orientem altaris adhuc sine macula corruptionis invention , &c. n godwins catalogue of bishops , p 295 296. 315. 352. o epist . lectori , p. 115. before his translation of the greeke liturgy . p de graeco●●n ritibus , bibl. patrum , tom . 15. p. 771. 〈◊〉 . q claudius saintes in his edition of the greek liturgy : parisiis . 1560. r de antiquis missae ritibus l. 2. c. 28. ſ beda eccles . hist . l. 2. c. 1. fecit inter alia papa gregorius , ut in ecclesiis petri et pauli , super corpora eorum missae celebrarentur . * hence the waldenses saith was , that the sacrament ought to be received at the table , according to the anci●nt use of the primitive church , where they used to communicate sitting . fox acts & monuments , old edition , p. 43. a. & edit ult , vol. 1. p. 300 a. and mr. fox himselfe , edition old . p 89. 〈◊〉 . christordained his supper a table matter ; wee turne it to an altar matter be for a memory , we for a sacrifice . he sa●e , our men stand , and make it a matter of kneeling . see my quench-coale , p. 106 , to 108. 95. * antidotum lincolniense , c. 5 p 86 , 87. t gen 2. 8. basil de spirim sancto , c 27. tertullian apolog. c. 16. u ezek 8. 16 vitruvius de architectura . l. 4. c. 58 hospin●an de origine altarium , philip de marnix , tableau des differens , part 5. f 307. see my quench coale , p 303. to 307. dr. reinolds de idolo . rom. eccl. p. 432. x de poenitentia . vid. notae ibidem . * written antiently haris , and so this mistake and corruption might easily happen , by omitting cor ●h which added to haris , or aris , makes charis . y lacerda , & junus , ibid. z albaspinaeus . observ . l. 2. obs . 22. heraldus observat . l. 2. obs . 22. mornay , li. 2. de missa , c. 1. salmacius ad aram dosiadi . * rhenanus , & la cerda thidem tripartita hist . l 7. c. 35. a see pamelius ibid. and my quench-coale , p. 250. to 253. b oratio de imaginibus , 1 & 2. p. 449. b. 762 vt laici secus altare quo sancta mysteria celebrantur , inter clericos tam advigilias , quam ad missam , stare● vel sedere penitus non praesumant ; sed pars illa quae cancellis , ab altari dividitur● , tantum psallentibus pateat clericis . ad adorandum vero & communicandum laicis & foeminis ; sicut ●os est pareant sancta sanctorum : juo carna●ensis decretalium pars , 2. c. 137. ex concilio moguntino , c. 13. see concil . nannetense , cap. 3. apud surium , tom. 3. p. 569. a accordingly . * which is idolatry , exod. 20. 5 iudg. 2. 12 17. 19. numb . 25. 2. 1 kings 19 18. iosh . 23 7. isa . 2. 8. 9. c archbishops speech in star-chamber , p. 48. 51. d concil . constant . 6. e tertullian de co●ona millitis . basil . de spiritu sancto . c. 27. f nonne solennior erit statio tua si ad aram dei stetteris ? de orat. c. 14. so did pagans and others anciently in scripture stand , not kneel at altars . num. 23. 2. 3. 6. 14. 15. 17. 2 chron 5. 10. c. 6. 12. 23. rev. 8. 3. chrysostom . de sacerdotio . l. 3. & the prayers at the masse forecited . * dum datur communio aut aliud quippiam officij fit , omnes stant erecti . georgij cassandri liturgica . c. 11. p. 29 see p 65. 70. 73. 82. 94. 95. * dum datur communio aut aliud quippian officij fit , omnes stant erecti . georgij cassandri liturgica . c. 11. p. 29 see p 65. 70. 73. 82. 94. 95. g archbishops speech in starchamber . p 47. to 52. h archbishops speech . p. 49. 50. i libro nigro windorien . p. 65 k domino d●o & altari ejus in modum viroruus ecclesiasticorum , ib. l pontifex inclinans se paulu lum a d altare : altari inclinans : adorato altare : pertransit pontifex in caput scholae & in gradu superiore inclinato capite ad altare . et salutar altare , sacerdos quando dicit supplices te ro gamus ; humiliato capite inclinat se ante altare , sub●llaconi ad al●are progredientes simul se inclinant coram ●o : ordo romanus de offic. missae a pud greg. cassandri opera , p. 108. to 130. m missale parvum pro sacerdotibus in anglia itinerantibus . printed anno 1623 ordo missae p. 19. sacerdos paratus cum ingreditur ad altare , facta illi debita reverentia , p. 29. profunde inclinatus ante altare . n ribadeniera fleurs des vies des saintes part 1. p. 104 after compline and mattins he visited all the altar ; o● the church , making a prostration and reverence to every of them . o tunc te curv●bis ad a●am , 〈◊〉 est , in●linabis alta●● su●●ula ray●undi fo . 133. p fox acts & monuments edit . 1610 : p. 1781. * see fox acts & monuments old edition . p. 359 a. 623. b. 1528. 1541. 1●30 . and my quenchcoale p. 295. 296. 277. to 284. q 2 kings 18 22. 2 chron. 32 12. ier. 36. 7. acts 17 23. r psal . 95. 6. psal . 86. 9. dan. 6. 10. acts. 21. 5 ephes . 3. 14. psal . 72. 9. 11. object . answ . s isay 1. 12. col. 2. 20. 22. 23. * see my quenchcoale where this is more fully debated . a fleures des vies des saincts part . 1 p. 104. b he dyed anno 1275. c surius tom. 5. vita francisci ex bonaventura . c. 8. et duralt iesuit flores exemp c. 5. tit . 6. d o discant haeretici vel a pecude venerari matrem christi , et eucharistiam adorare . ibidem . * shelfold , widdowes , heylin , archbishop laud ; and dr. pocklington , in their places forcited . * matth 7. 15. e rihadeniera fleures des v●es des saints . p. 1. pag. 563. f p. 95. * matth. 21. 2. to 10. mar. 11. 1. to 11. g ribadeniera fleures , &c. part 1. p. 151. h psal . 119. 9 iohn 5. 39. gal. 6. 16. isay . 1. 12 3. c. 8. 20. luk 16. 29. 2 pet 1 19. matth. 15. 1 to 10. col. 2. 8. 16. to 23. i 1 cor. 10. 16. 17. c. 11 23 24. 26. 27. 28. luk. 24 30 35. acts 2 46. c. 20 11. iohn 6. 32. 33. 34. 35 41. 48. 50. 51. 55. 58 compared together . a gospel plea (interwoven with a rational and legal) for the lawfulnes & continuance of the ancient setled maintenance and tenthes of the ministers of the gospel: proving, that there is a just, competent, comfortable maintenance due to all lawfull painfull preachers and ministers of the gospel, by divine right, institution, and expresse texts and precepts of the gospel: that glebes and tithes are such a maintenance, & due to ministers by divine right, law and gospel: that if subtracted or detained, they may lawfully be inforced by coercive laws and penalties: that tithes are no reall burden nor grievance to the people; the abolishing them, no ease or benefit to farmers, husband-men, or poor people, but a prejudice and losse. that the present opposition against tithes, proceeds not from any reall grounds of conscience, but base covetousnesse, carnall policy, &c. and a jesuiticall and anabaptisticall designe, to subvert and ruin our ministers, church, religion. with a satisfactory answer to all cavils and materiall objections to the contrary. by william prynne of swainswick, esq; prynne, william, 1600-1669. 1653 approx. 427 kb of xml-encoded text transcribed from 88 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a91192 wing p3971 thomason e713_12 estc r203238 estc r26600 99863267 99863267 115457 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91192) transcribed from: (early english books online ; image set 115457) images scanned from microfilm: (thomason tracts ; 110:e713[12]) a gospel plea (interwoven with a rational and legal) for the lawfulnes & continuance of the ancient setled maintenance and tenthes of the ministers of the gospel: proving, that there is a just, competent, comfortable maintenance due to all lawfull painfull preachers and ministers of the gospel, by divine right, institution, and expresse texts and precepts of the gospel: that glebes and tithes are such a maintenance, & due to ministers by divine right, law and gospel: that if subtracted or detained, they may lawfully be inforced by coercive laws and penalties: that tithes are no reall burden nor grievance to the people; the abolishing them, no ease or benefit to farmers, husband-men, or poor people, but a prejudice and losse. that the present opposition against tithes, proceeds not from any reall grounds of conscience, but base covetousnesse, carnall policy, &c. and a jesuiticall and anabaptisticall designe, to subvert and ruin our ministers, church, religion. with a satisfactory answer to all cavils and materiall objections to the contrary. by william prynne of swainswick, esq; prynne, william, 1600-1669. [26], 155, [1] p. printed by e. cotes for michael sparke, and are to be sold at the blue bible in green arbor, london, : 1653. includes a bibliography of prynne's works. a second part was published in 1659. annotation on thomason copy: "sept. ye 22". reproduction of the original in the british library. with: christi servus etiam in summa captivitate liber, anno 1653. ætatis 49. london : printed for m.s., 1653. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of england -clergy -salaries, etc. -early works to 1800. tithes -early works to 1800. 2007-02 tcp assigned for keying and markup 2007-03 apex covantage keyed and coded from proquest page images 2007-04 jonathan blaney sampled and proofread 2007-04 jonathan blaney text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a gospel plea ( interwoven with a rational and legal ) for the lawfulnes & continuance of the ancient setled maintenance and tenthes of the ministers of the gospel : proving , that there is a just , competent , comfortable maintenance due to all lawfull painfull preachers and ministers of the gospel , by divine right , institution , and expresse texts and precepts of the gospel : that glebes and tithes are such a maintenance , & due to ministers by divine right , law and gospel : that if substracted or detained , they may lawfully be inforced by coercive laws and penalties : that tithes are no reall burden nor grievance to the people ; the abolishing them , no ease or benefit to farmers , husband-men , or poor people , but a prejudice and losse . that the present opposition against tithes , proceeds not from any reall grounds of conscience , but base covetousnesse , carnall policy , &c. and a jesuiticall and anabaptisticall designe , to subvert and ruin our ministers , church , religion . with a satisfactory answer to all cavils and materiall objections to the contrary . by william prynne of swainswick , esq mal. 3. 8 , 9. will a man rob god ? yet ye have robbed me : but ye say , wherein have we robbed thee ? in tithes and offerings . ye are cursed with a curse , for ye have robbed me , even this whole nation . mat. 22. 21. render therefore to caesar the things that are caesars , and unto god the things that are his . aug . serm. 219. si tu illam decimam non dederis , dabis impio militi ▪ quod non vis dar deo & sacerdoti : hoc tollit fiscus , quod non accepit christus . london , printed by e. cotes for michael sparke , and are to be sold at the blue bible in green arbor , 1653. christi servus etiam in summa captivitate liber , anno 1653. aetatis 49. portrait of william prynne all flesh is grass , the best men vanity ; this , but a shadow , here before thine eye , of him , whose wondrous changes clearly show , that god , not men , swayes all things here below . the places and times of his first imprisonments under his professed enemies the prelates . 1. the tower of london , to which he was committed for his histriomastix , februa . 1. 1632. it being licensed . ii. the fleet , when his first sentence for his histriomastix was executed , may , 7. 1634. iii. the tower of london , to which he was committed from the fleet , june , 1. 1639. iv. carnarvan castle in northwales to which by his second sentence he was sent close prisoner from the tower , august , 5. 1637. v. mount orguel castle in the isle of jersy , where he was close imprisoned , when removed from carnarvan , januar. 17. 1637. whence he was sent for and enlarged by the parliament , novemb. 19. 1640. the places and times of his second imprisonments under false brethren and pretended friends . i. hell in westminster by the army officers , for speaking his conscience and discharging his duty in parliament , decemb. 6. 1648. ii. the swan in the strand by the same officers , for the same cause , decemb. 7. 1648. iii. the kings-head in the strand by the same power , for the same cause , janua . 2. 1648. iv. dunster castle in summersetshire , where he was close prisoner by a whitehall warrant under mr. ●●adshaw's hand , expressing no particular cause , july , 1. 1650. v. taunton castle and the lambe taverne in taunton , when removed from taunton by no particular warrant , janua . 12. 1651. vi. pendennis castle in cornewall , where he remained close prisoner by a whitehall warrant under mr. bradshaw's hand , mentioning no cause but tauntons unfitnesse to restrain him in , july , 2. 1651. 2 cor. 11. 23. to 28. in labours more aboundant , in prisons more freqvent , in deaths oft , in journying often , in perils of waters , in perils of robbers , in perils by mine own countrymen , in perils in the city , in perils in the sea , in perils among false brethren : in wearinesse and painfulnesse , in watchings often , in cold and nakednesse . loe here the shade , but not heroick minde , and publick soul of him , who most unkinde , vnjust restraints , bonds , pressures hath sustain'd from foes and friends ; because he still maintain'd religion , truth , lawes , freedome , justice , right , his countries common good , with his whole might , in all ill times ; and ne're would once combine with lawlesse grandees , these to undermine . 2 tim . 3. 10 , 11 , 12. but thou hast fully known my doctrine , manner of life , purpose , faith , long-suffering , charity , patience , persecutions , afflictions , which came unto me at antioch , at iconium , at lystra , what persecutions i endured : but out of them all the lord delivered me ; yea , and all that will live godly in christ jesus shall suffer persecution . london printed for m. s. 1653. to my most high , mighty , great , dreadfull , omnipotent , omnipresent , omniscient , righteous , true , faithfull , all-gracious , all-sufficient , everliving , everlasting , immutable , covenant-keeping lord god ; the god of my life , health , strength , mercy , preservation , consolation , supportation , salvation , deliverance , praise . a o god the saviour of israel , ( of england too , anciently styled b regnum dei , gods kingdome ) thou art god alone , and there is none else . c whom have i in heaven but thee ▪ and there is none upon earth , that i desire besides thee . d in thee alone i live , move , and have my being . e thou art the strength of my heart , and my portion for ever . my f whole spirit , soul , body , parts , endowments naturall , spirituall , are only of thee , through thee : o sanctifie them wholly for , and only to thee ; to whom alone i desire intirely and eternally to devote them ; as g due to none but thee , and that by right of creation , redemption , resignation , preservation , and that extraordinary tribute of gratitude i stand most deeply engaged to render to thy most gracious majesty , for those many and manifold wonders of preservation , supportation , concomitation , protection , consolation , absolution , vindication and restauration , thou hast ( of thy free grace ) most miraculously extended to me , the meanest and unworthyest of all thy servants ) in , under , from all my former and late injurious , illegall sufferings , oppressions , imprisonments , inhumane close restraints , exiles , in ten severall prisons , castles ( some of them at remotest distance from all acquaintance , kindred , friends and thy publick ordinances , under some rude , barbarous armed gardians and men of bloud , of purpose to destroy me , where thou was present with me , as with h daniel in the lyons den , i paul in the lyons mouth , the k three children in the midst of the fiery furnance , l jonah in the whales belly to , secure , comfort and supply me ) for about eleven years space ; through the malice and cruelty of mercilesse men : yet ( blessed be thy holy name ) for no other cause or crime thy poor servants conscience is guilty of ( his last close imprisonments in three severall castles being without the least examination , hearing , accusation , charge of any particular offence against him , or yet declared to him ) but only his sincere cordiall desire to discharge his bounden duty to glorifie thee in his generation , by opposing the m dangerous wrath-provoking errors and corruptions of the age in which he liveth ; by contending earnestly for the faith which was once delivered unto the saints , according n to thy commands , and for the setled fundamentall lawes , liberties , rights , government of his distracted native countrie , against all secret underminers , open oppugners or subverters of them , to the uttermost of his ability : by a consciencious inviolable observation of all those solemne sacred oathes , protestations , covenants and obligations , ( prescribed by those lawfull higher powers thou commandedst him to o submit to under paine of damnation ) wherewith he hath frequently bound his soul , not so much to men as to thee , who art a most p faithfull promise-oath-covenant keeping god , especially of those oaths and covenants wherewith thou vouchsafest to oblige thy self even to meer dust and ashes , both immutable and inviolable , never violating , nor repenting of them in the least degree , and obliging men both by thine owne example , and q precepts to do the like , in all their publick or private oathes , vowes , covenants to thee or men , under pain of temporall wrath here , and eternall exclusion from thy holy hill : and for not daring to confederate or comply ( against his oathes , covenants , manifold publick engagements , conscience , judgement and thy sacred r inhibitions ) with those who are given to change ; many of whose calamities and ruines are sodainly risen and fallen upon them , by the divine justice ( even from those they least suspected , and most relyed on for protection ) for the manifold changes they presumed to make against their oathes , vowes , trusts , protestations , covenants , and unrighteous oppressing of their dearest christian friends , brethren , and thy suffering servant among others . now all s glory , honour , power , salvation and prayse be for ever rendered by me and all thy glorious saints and angels in heaven and earth , because true and righteous are thy judgements : and because the deliverance of me thy oppressed servant ( without any wound to his conscience , dishonour to thy name , or scandall to thy people ) is exceeding gracious and glorious . t now know i , ( again and again ) that the lord loveth his anointed ; that he hath heard him ( and others praying for him ) from his holy heaven ; with the saving strength of his right hand . some ( of his self-exalting oppressors ) trusted in chariots , and some in horses ; but he remembred the lord his god : they are brought down and fallen , but he is risen and stands upright : who therefore ever will rejoyce greatly in thy salvation , and in the name of his god will set up his banners . u for thou hast broken the gates of brasse , and cut the bars of iron in sunder : thou hast sent thy holy angel and knocked off the chaines from my long fettered hands , and made the long-barred iron castle gates ( wherein i was close shut up ) to open of their own accord ( without any enforced long-expected petition from me . ) thou hast rescued me from more then 4. quaternions of souldiers , who most strictly garded me day and night , as they did thyimprisoned apostle x peter , ( and more narrowly then any formerly under the prelats greatest tyranny ) and delivered him out of the hand of herod , and from all the expectation of the people of the je●s ; the jesuits and popish priests , who marched freely abroad , not only preaching , but printing and dispersing no lesse then y 19. grosse popish books in defence of their religion , and condemning ours for heresie , whiles i ( their chief oppugner ) was shut up so close in three remote castles , that i could neither write against , nor discover their plots against our church , state , religion , nor yet send letters to mine imprisoners to demand my liberty , unless i would first give copies of them to my gardians , and then trust them to send them when and by whom they pleased , nor have admission to thy publick ordinances for above two years space . in thankfull commemoration of which my late and great deliverance from this aegyptian bondage , i doe here presume , in all humility at thy feet , and dedicate to thee , the great z gaole-delivering , prisoner-loosing god , ( who a sayest to the prisoner goe forth , and to them that are in darknesse shew your selves ) this mean and unworthy gospell plea , for the lawfulnesse and continuance of the ancient setled maintenance and tithes of thy minist●rs of the gospell , ( reserved to and by thy self as thy. devoted portion , debt , due ) whereof many now by fraud and violence , endevour sacrilegiously to rob both thee and them ; as the first fruits of my enlargement , a b second ebenezer , hitherto hath the lord helped me , and a lasting monument to posterity of my gratitude and thankfulnesse to thee my god , for my late restitution to so much liberty and freedome , as to be able , thus once more publickly to plead thine owne and thy ministers cause , against jesuits , anabaptists and all other open oppugners and subverters of our church and state , and secret underminers of the true preachers and preaching of the gospell , who now c like gebal , ammon , amalek , edom , ismael , moab , the hagarens , ph●listines , the inhabitants of tyre and armed assur of old , have consulted together with one consent , and are confederate against thee ; and have said , come and let us cut them off from being a nation , that the name of israel , may be no more in remembrance . bes●eching thy majesty most graciously to accept it , most powerfully to protect and so effectually to blesse , prosper it and thy servant against all these combined confederates , that they may be no way able to d resist thy truth , wisdome , spirit , appearing , pleading in it , by it , but either like e convicted seducers or seduced persons , fall down flat on their faces before it , worship thee and report , that god is in it ( and in thy servant ) of a truth . or , in case of wifull malicious obstinacy , against thee and thy faithfull ministers , houses of publick worship , truth and gospell , f do unto them as unto the midianites , as to sisera , and to jabin at the brook of kison , which perished at endor and became as dung for the earth : make their nobles like oreb and zeeb , yea make all their princes as zebah , and as salmunna ; who said ( as these doe now ) let us take to our selves the houses of god in possession . o my god make them as a wheel , as the stubble before the winde : as the fire burneth the wood , and as the flame setteth the mountaines on fire ; so persecute them with thy tempest , and make them afraid of thy storme ; fill their faces with shame , that they may seek thy name o lord ; let them be confounded and troubled for ever , yea let them be put to shame and perish : that men ( these men ) may know , that thou whose name alone is jehovah , art the most high over all the earth . g so we thy people and sheep of thy pasture wil give thee thanks for ever ; we will shew forth thy praise to all generations . and thy servant davids resolution , h whiles i live will i praise the lord , i will sing praises unto my god , while i have any being , shall through thy grace be both the resolution and practice of thy unworthy , unprofitable , redeemed , preserved and frequently enlarged servant and vassall william prynne . swainswicke 1 sep. 1653. to the unprejudiced christian reader . kind reader , the 80. psalme in my weak judgement , is both a lively character of the deplorable condition of gods church of late yea●s , and l●kewise a most excellent morning and evening prayer for it , in pub●ick or private . the psalmist thus complaines , that god ( by the a oppressing sword of combined enemies , as psal . 83. imports ) had broken down his churches hedges , so that all they that passed by the way did pluck her , the boare out of the forrest did wast it , and the wild beasts of the field devour it . the ancient b hedges of the church here planted and spread in our nation , to wit , gods d●vine protection and law ; the patronage , lawes , statutes , priviledges and immunities , granted , confirmed to our churches , by the manifold c great charters , lawes , statutes , of such bountifull devout kings and queens as god himselfe d predicted , should be nursing fathers and nursing mothers unto his church under the gospell , and bring their glory and honour to it ; and kings of iles , amongst others ; having been of late years very much broken down and almost levelled to the dust , by arbitrarie committees , sequestrations , and the oppressing all-devouring sword of war , ( which god hath kept so long unsheathed , e without returning into the scabberd these many years , for the just punishment of our manifold sins and enormities ) all they that goe by the way ( or in by-wayes ) taking advantage thereof , have so plucked , and the wilde-boares out of the wood , and wilde-men , and wilde-beasts of the field , have so wasted and devoured the best and richest part of our country , patrimony , originally designed by the parliament , by a f spec●all bill tendered to the late king at oxford , aprill 1643. ( when arch-bishops , bishops , deanes and chapters were first voted down , and g extirpated as none of our heavenly fathers plants or planting ) for the encrease of the crown revenues , to ease the people in their future taxes ; and the augmentation of our ministers maintenance and incompetent livings : that there is little or none of it now remaining undevoured by them , for either of these two publick ends : and many new highway-men , wilde-boars and beasts , as well as old , encouraged by former rich church-plunders , in stead of imitating h faithfull abraham , ( whose heires and children they professe themselves ) who gave i the tenth of all his spoyles of warre to melchisedec priest of the most high god , ( a type of our saviour christ , if not christ himselfe , as k some probably assert ) they most eagerly and violently attempt to spoyle , plunder all the evangelicall priests and ministers of god throughout the nation at one blow ( without any lawfull tryall by their peers , due processe of law or l legall conviction of any capitall crimes , which cannot forfei● their churches inheritance , which is not so vested in them as either to forfeit or alien , by the law of god or the realme ) in all their inconsiderable remaining tithes , glebes , and setled ancient maintenance , and of their very ministry too , as jewish and antichristian , as john canne the old anabaptist , in his new voice from the alehouses rather , then the temple ( which certainely is as jewish and antichristian as he would have tithes to be ) with sundry late m petitions and proceedings proclaime to all the world , and strip them naked of all other coercive maintenance for the future , to starve them and their families bodies , and the peoples souls : that so a new generation of ambulatory fryers , mendicants and itinerary predicants , fixed to no certaine parish or parishes , selected out of those swarmes of jesuites , seminary priests and popish fryers , now in england under the disguises of anabaptists , gifted brethren , dippers , seekers , quakers , new-lights , mechanickes of all trades , gentlemen , troopers and souldiers too , ( ignatius loyola n their father and founder of their order , being a souldier by his profession , as diverse of his disciples are now amongst us , as many wise men beleeve , and some on their owne knowledge averre ) may succeed them in their ministry , to subvert our church , religion , and reduce us back to rome ; the pope now living , within these few years , affirming to some o english gentlemen of quality in rome ( who out of curiosity only went to see him , being protestants ) that he hoped before he died ( though he were aged ) to see england perfectly reduced to her former obedience to the see of rome , having sent many jesuites , priests , fryers from all parts into england , and particularly into the army ( as p ramsy the late detected jesuite at new-castle , under the vizor of a converted anabaptized jew , confessed in his printed examination there lately taken , and sent up with him to whitehall . against whom iohn canne might have done well to have pressed those , to whom he dedicated his voice from the temple , to execute the statute of 27 eliz. c. 2. particularly made against them , as most dangerous insufferable tray●ors , purposely sent over , to worke the ruine , desolation , and destruction of the whole realme , as well as of our church and religion , as that statute reso●ves ; and not to have most ignorantly and malicio●sly wrested it contrary both to the very letter and inten●ion against our godly protestant ministers ( their greatest opposites and eye-sores ) to strip them of their ben●fices , livelihood and ●●ves together ( the whole scope of his r lamentable voice ) without so much as uttering one word against these wilde-boares and beasts of rome , with whom he and his companions the anabaptists , are apparent confederates , both in their principles and practises against our ministers maintenance , calling , lawes , and setled government , to their eternall infamy . the sad consideration whereof hath engaged me , though no impropriator ( whose cause i plead not ) nor other tithe-receiver , but a consciencious tithe-payer ( as my ancesters were before me ) without any retaining fee , or other solicitation to appeare publickly in the defence of this common cause of god and all his faithfull ministers tithes and ancient setled maintenance , being through his mercy and their prayers enlarged from my long close remote imprisonments , as i did occasionally in private , whiles a close prisoner in pendennis castle in cornwall ( in december and january last ) against some officers and souldiers there , who publickly subscribed in the castle by sound of drum three severall mornings , and promoted in the country a petition for abolishing all tithes ( though our ministers own , by all divine and humane lawes , rights ; which our souldiers nor any mortals now living gave to them , nor have any pretence of law , power or authority from god or our nation to take from them ) and all other compulsory maintenance in lieu of them for ministers ; sent to them ( and to other garisons , as they then informed me ) by the generall counsell of officers of the army from st. james , both for their own subscriptions ( though few or none of them or other subscribers of such petitions , tith-payers ) and such hands of countrymen , as they could procure . upon which occasion , i had some briefe discourses with some of them concerning the lawfulnesse and antiquity of tithes , s first paid by souldiers out of the very spoyles of battle , taken in the very first warre we read of , to the very first priest of god , we find recorded in the scripture , and therefore admired that officers and souldiers in this age should so degenerate , as to be the very ringleaders and chief oppugners of them : drawing up some brief notes of this subject out of scripture ( to help passe the time ) in defence of tithes , relating more particularly to souldiers , to silence , satisfie , and reclaime them from this sacrilegious designe : which having since enlarged with arguments and answers to their objections drawn from their own military pro●essions , for the better satisfaction and conviction of all sword-men and others , i hope , neither officers nor souldiers , nor any others truly fearing god , if they confider lecit . 19. 17. mat. 18. 15 , 16 , 17. prov. 19. 25. & 10. 17. & 12. 1. & 13. 18. & 15. 10 , 31 , 32. & 17. 10. & 25. 12. psal . 141. 5. 1 sam. 25. 32 , 33. 1 tim. 5. 20. luke 3. 14. will or can be justly offended with me , no more for writing truth , then speaking it to their faces , as i did upon all occasions whiles among them , not to defame , but to informe and reforme them , for their own and the publick good , in what i conceive not warrantable by , but repugnant to gods word and their duties as souldiers or christians , and to those known fundamentall lawes , liberties of the nation they were t purposely raysed , commissioned , waged , and engaged by protestations , covenants ▪ and their own voluntary u printed declarations to protect , and not subvert ; and that they will not repute it a capitall crime in me , not to prove a flatterer or dissembler , or not to act or write wittingly against my science and conscience , when our ministers maintenance , calling , religion , gods glory , lawes , liberties , all we have or hope for , are in danger of such a sad , sodain , and destructive convulsion and concussion ( if not subversion ) as i long since by authority of parliament discovered in romes master-piece , ( well worth perusall now ) when so many known jesuits under a new provinciall ( which hugh peters himself reported as i have been credibly informed ) are now even in london it selfe , acting as busily and sitting there in councell as duely , as when the reclaimed author of that discovery ( purposely sent from rome for the purposes therein discovered ) was resident amongst them . o that these professed enemies of our church , religion , nation , and those janizaries of rome , may x not sow their tares of error , and seeds of ruine and desolation amongst us , whiles almost our who●e nation ( for ought i can discerne ) if not those who call themselves watch-men , are in a dead sleep or lethargy , and heaving at our most faithfull ministers maintenance and callings too , in stead of enquiring after , discovering these arch-traytors , and executing the good lawes and oathes against them , to prevent those treafonable practises , destructive designes , miseries and that ruine to our religion , government , governors , lawes , parliaments , church and common-wealth , which the wise protestant vigilant parliaments of 13 eliz. c. 1. 23 ▪ eliz. c. 1. 27 eliz. c. 2. ●5 eliz. c. 2. 1 jac. c. 4. 3 jac. 1 , 2 , 4 , 5. 7 jac. c. 6. and some hundreds of y declarations , and p●in ed ordinances , r●monst ances of the lords and commons the last parliament ( with the good new lawes and oath they provided against those romish vipers quite buried in oblivion ) have publ●shed to allarme all drowsie , stupid , carelesse people ; all lovers of god , their religion , or country against them , even at this very season , when they and their confederates are ( wittingly or ignorantly ) over-turning , overturning , overturning , whatever is not yet totally subverted am●ng us , and carrying on these their designes . if these my impotent undertakings with a sincere affection only to gods glory , and the reall weal and preservation of our religion , ministry , lawes , native country , and z all protestant churches ( now indangered by their mutuall discords and jesuite emissaries to foment their intestine differences ) may so farre open the eyes of all degrees in our nation really fearing god , so a to know in this their day the things which belong unto their peace and settlement , and to move them effectually to pursue them , before they be hid from their eyes ; i have all the reward i do expect , and shall blesse god for the good successe . if any shall be offended with me , or it , and requite me only with envy , hatred , persecution and new oppression , bonds , close imprisonments , for well-doing and endevouring any more publick good , for our church , religion , country ; i shall b commit my cause to god , who judgeth righteously , who hath so often c brought forth my righteousnesse as the light , and my judgement as the noon-day , to the shame and confusion of my causelesse enemies : and shall carry this comfortable cordiall unto my brest , to any prison , pillory , gibbet , grave , that the malice or power of poor vapouring mortals ( who know not how soon d their violent dealing may or will come down upon their own pates , as well as on other potent adversaries ) shall be able to hurry me to , and ascend triumphantly which is to heaven it selfe ; that i have discharged that duty which god , conscience , providence and the publick danger of our ministry and religion , and my sacred oathes and covenants have engaged me unto . and e if i perish for it , i perish ; and in perishing shall ( by gods assistanced part with this swan-like , saint-like song of that eminent f prisoner of jesus christ ( who was in g prisons more frequent , in p●rils , afflictions , and persecutions often , as i have been for the faithfull discharging of his duty ) i have h fought a good fight , i have finished my course , i have kept the faith : henceforth is laid up for me a crown of righteoufnesse , which god the righteous judge shall give me at that day ; and not to me only , but to all them also which suffer for his truth , and love his appearing : which is the unshaken constant faith , hope , and expectation of thine and our churches , countries unmercenary faithfull friend and servant , william prynne . a gospell plea , for the lawsulnesse and continuance of the antient setled maintenance and tithes of the ministers of the gospell . the antient , necessary , competent maintenance of our ministers of the gospell setled on them by the piety and bounty of our religious christian kings and ancestors , a almost from the very first preaching and embracing of the g●spell in this iland , and constantly enjoyed ever since , without any publick opposition , being in these times of a long expected glorious resormation , and reall propagation of the gospell , more audeciously oppugned , more impiously decryed , declaimed , petitioned publickly against , and more sacrilegiously invaded , detained , substracted , then in the very worst or profanest of former ages ; and that , not only by professed enemies of the ministers and ministery of the gospell , but by such who pretend themselves their friends , and the most precious saints ; who not yet satisfyed with the late sales of all our arch-bishops , bishops , cathedrals , deanes and chapters lands and revenues , ( the fattest morsels of the english clergy , tending rather to support their lordly power , pride , pomp , and luxury , then their true gospell ministry ) ingrossed into sword-mens and lay-mens hands ; do now industriously , and violently endevour speedily to deprive all our painfull , godly preaching ministers , of all their remaining inconsiderable maintenance by tithes , glebes , oblations and other duties , ( formerly setled on them , by long prescription , by sundry successive lawes and acts of parliaments , as well as ●●te ordinances , with sufficient warrant even from gods word and gospell ) and to leave them no other subsistence , encouragement , or reward for all their labour in gods harvest , but the meer arbitrary unco●rcive benevolence of the people , ( who being generally profane , covetous , vicious , and enemies to all godly ministers , will not voluntarily contribute one farthing towards them , desiring rather their room and ruine , then their company or subsistence ) and what they shal otherwise earn by their own labour and industry in some other callings : it is high time for all sincere patrons and friends of the ministers and ministry of the gospell ( now dangerously assaulted ) publickly to appear in their behalf , and openly to vindicate , to secure as well the divine as civill right of their yet remaining ancient , necessary , established maintenance against the clamorous cavils and false absurd allegations of sacrilegious , covetous , impious , violent , b unreasonable , c b●utish men ; to convince them of their errour and impiety herein , or else to shame and silence them for the future , and preserve our ministers and ministry ( and by consequence our very religion it selfe , now more endangered then in any age since its first establishment ) from impendent ruine . for which end , having not long since had some private discourses with souldiers concerning the lawfulnesse of our ministers tithes and setled maintenance , during my late strict restraints under their armed guards , and perusing some short prison notes and notions ( upon that occasion of that subject lying by me ) i thought fit to enlarge and reduce them to these ensuing propositions , ( wherein the whole controversie , now publickly agitated touching our ministers tithes and livelihood , is comprised ) and to make them publick , for the common good and satisfaction of those who shall peruse them , especially sword-men , whom i finde most violent against t●●hes and ministers forced maintenance , trusting more ( as i apprehend ) to the length of their swords , then strength of their arguments against them ; which how weak they are , let all rationall perusers hereof resolve . the propositions , i shall here through gods assistance make good , from the very law , word , and gospel of god , with all possible brevity , ( i trust beyond contradiction ) are these , 1. that there is a just , competent , and comfortable maintenance , due to all lawfull , painfull preachers and ministers of the gosp●ll from the people , even by divine right and institution , and expresse texts and precepts of the gospell . 2. that the maintenance of the ministers of the gospell ( and of places and houses for gods publick worship ) by tithes , glebes , oblations ( yea and spoyles won in battle by generals , collonels , captaines and souldiers ) is not only lawfull and expedient , but the most fitting , rationall and convenient maintenance of a●l others , warranted by direct precedents and precepts , b●th before and under the law and likewise by the gospell , which doth no wayes abolish or condemne , but approve and confirme this way of maintenance . 3. that if tithes and other ma●ntenance , formerly setled on our ministers , be either wilfully with-held , or substracted from them by the people , in part or in whole ; the civill magistrates may and ought by coer●ive lawes and penalties to enforce the payment of them in due forme and fine , both by the law of god , and rules of justice , without any injury or oppression to the people . 4. that our ministers tithes are really no burthen , grievance or oppression to the people ; but a charge , debt , duty , as well as their land-lords rents , or merchants poundage . that the abolishing of them ▪ will be no reall ease , gain , or advantage to farmers , lessees , and the poorer sort of people , as is falsely pretended , but only to rich land-lords , and landed men ; and a losse and detriment to all others . 5. that the present opposition and end●voured abolition of tithes and all other coercive maintenance for ministers , proceed not prom any reall grounds of piety or conscience , or any considerable , reall inconveniences , or mischiefes arising from them , but meerly from base , covetous , carnall hearts , want of christian love and charity to , and professed enmity and hatred against the ministers of the gospell , and from a jesuiticall , and anabaptisticall designe to subvert and ruine our ministers , church and religion ; he probable , if not necessary consequence of this infernall project , if it should take effect ; which would prove the eternall shame , infamy and ruine of our nation , not its glory and benefit . chap. i. the first of these propositions being the foundation and corner-stone whereon all the rest depend , and into which it hath a prevailing influence ; i shall be most copious in its probation , and in the refutation of the objections which are or may be raised against it . that there is a just , competent and comfortable maintenance due to all lawfull , painfull preachers and ministers of the gospell , from the people , even by divine right and institution , and expresse texts and precepts of the gospell ; is as clear as the noonday sunne , by these irrefragable gospell testimonies . i. by matth. 10. 5 , 6 , 9 , 10 , 11. where when our lord and saviour christ himself first sent forth , authorized and commanded his 12. apostles to preach the gospell , he gave them these instructions among other : provide neither gold , nor silver , nor brasse in your purses , nor scrip ( nor bread addes marke 6. 8. ) for your journey , neither two coats , nor shoes , nor yet staves . ( adding this as the reason thereof ) for the laborer is worthy of his meat ; or his reward , hire , wages , maintenance , as the greek word will bear , and other following scriptures render it . ii by luke 10. 1 , 6 , 10. where we read when our saviour christ ( not long after h●s former commission to the 12. apostles ) sent forth the 70. disciples by two and two , to preach in every city and place , whither himselfe would come ; he gave them almost the self same instructions : carry neither purse , nor scrip , nor shoes ; and into whatsoever house ye enter , first say , peace be to this house , &c. and in the same house remain eating and drinking such things as they give : ( subjoyning this reason for it ) for the laborer is worthy of his hire : go not from house to house ( as beggers use to doe for almes ) and into what city ye enter , and they receive you , eat such things as are set before you , &c. iii. by john 6. 35 , 36 , 37 , 38. where our lord jesus christ , ( soon after the former commissions ) used these words to his disciples ; behold , i say unto you , lift up your eyes , and look on the fields , for they are white already to harvest , and he that reapeth receiveth wages , and gathereth fruit unto eternall life , &c. i sent you to reap that whereon ye bestowed no labour , &c. which may be aptly paralleld with , and interpreted by matth. 9. 37 , 38. then said he ( our savour ) unto his disciples , the harvest truely is plenteous , but the laborers are few ; pray ye therefore the lord of the harvest , that he would send forth laborers into his harvest : which when he did , he agreed with them all for a certain stipend by the day , and when the evening was come , he sa●d unto his steward , call the laborers , and give them their hire , beginning from the last unto the first , mat. 20. 1 , to 15. as is there parabolically expressed . from which texts and words of our lord and saviour christ himself , it is most apparent , 1. that the apostles , preachers and ministers of the gospell are and ought to be diligent , painfull labourers in christs spirituall harvest , not idle loiterers . 2. that they were not obliged , but expresly prohibited to provide gold , silver , brasse , scrips , shoes , clothes , bread , meat , drink , lodging , and other necessaries at their own free cost , when they were commissioned and sent forth to preach the gospell , ( as some now would enforce them to ) for this very reason , that being labourers in the lords own harvest , for the eternall salvation of mens soules , they were worthy to receive them , as hire and wages from those to whom they preached . 3. that our saviour christ himselfe at the very originall institution and first mission of his 12. apostles , and after of the 70. disciples to preach the gospell ; thrice one after another , expresly resolves in positive termes ; that they are worthy of their meat , hire , wages , for their labour in the gospell ; and so by consequence , all other lawfull labouring ministers , that diligently preach the gospell , are worthy of the like at this day ; and neither of them obliged to preach the gospell freely without any recompence , as some seducers now pretend . 4. that meat , drink , clothes , lodging , and a competent maintenance , are as truely and justly due to the true labouring ministers of the gospell from the people , and that of pure common naturall , yea gospell right and justice , not as meer arbitrary charity or benevolence , but as merited hire and wages ; as much as any deserved hire or wages are due to any other hired servant or labourer whatsoever , by common justice , and the law of god , gen. 29. 15. exod. 2. 9. levit. 19. 13. deut. 24. 14 , 15. mat. 20. 1 , to 16. joh. 4. 36. or as well as pay or wages are justly due to the best deserving officers and souldiers , luke 3. 14. ezek. 28. 18 , 19. and that by christs own trebled resolution , recorded by the evangelists for the greater evidence and conviction ; who emphatically by way of reason applies these words only to his apostles and ministers , for the labourer is worthy of his meat , hire , wages ; they being the most divine , excellent , usefull , necessary labourers of all others , and that in matters of highest concernment in relation both to god and men : therefore of all other labourers they are most worthy of a honourable , comfortable , certain hire , salary , reward for their support and encouragement . 5. hence it followes by necessary consequence , ( and let those who are guilty consider it seriously in the fear of god with trembling and astonishment ) that the opposing , oppressing , defrauding the ministers of the gospell in their deserved setled hire , wages ; or the detaining all , or any part of their ancient , just , established dues , tithes , or revenues from them ( especially out of covetousnesse , spite , obstinacy or malice against their very callings ) is as great , as crying , as damnable a sinne , oppression , unrighteousnesse ; and will bring down as gri●vous curses , plagues , judgements on all those who are culpable thereof ; as the defrauding , oppression of the hired servant or labourer , of or in his hire , or detaining their wages from them , when due ; as will undenyably appear by deut. 24. 14 , 15. levit. 19. 13. gen. 31. 7. mal. 3. 5. jam. 4. 1 , to 5. compared with mal. 3. 8 , 9 , 10 , 11. nehem. 13. 10. 11. and a sin against all these scriptures ; which all detainers of ministers dues and tithes , may do well to read and ponder . iv. the truth of this proposition is ratifyed by the apostle pauls resolution , who thus prosecutes our saviours forecited words , and seconds his argument in 1 tim. 5. 17 , 18. let the elders that rule well be counted worthy of double honour , especially those that labour in the word and doctrine : for the scripture saith ( deut. 25. 4. ) thou shalt not muzzle the oxe that treadeth out the corn. and , the labourer is worthy of his hire : relating to mat. 10. 10. and luke 10 7. forecited . in which words the holy ghost by the apostle positively asserts , 1. that the elders and ministers that rule well , especially such of them who labour in the word and gospell , are really worthy of double honour from the people , which double honour interpreters generally resolve to be , 1. due reverence , love , and countenance ; 2. a competent liberall maintenance and reward : or ( as some conceive ) a double salary and allowance to what others receive , as a just honourable reward for their labour , which is here intended by the words double honour ; extending as well to an honourable salary and reward , as to due reverence and respect , as is clear by the two texts herein cited to prove it , by the 3 , & 16. verses of this very chapter ; and rom. 13. 1 , 6 , 7. 1 pet. 2. 17. prov. 3. 9. compared together . 2. that the people ought to count them worthy of this double honour , and to render it unto them . 3. he ratifyes and proves this , not only by his own apostolicall authority , but likewise by two oth●r texts of scripture ; the one taken out of the old testament deut. 25. 4. ( which proves , that the texts and precepts for the just dues and maintenance of the priests in the old testament are still in force , and not abrogated , so far as they are morall and judiciall ; and therefore may be still aptly urged for proof of our ministers due maintenance under the gospell ; ) the other out of the new testament , mat. 10. 10. luke 10. 7. from both which the force of the apostles argument stands thus , the elders who labour in the word and gospell have as just , as naturall , as morall , legall , equitable a right and meritorious due to a liberall maintenance , salary , reward , or double honour ( as he styles it ) as the ox that treadeth out the corne hath , to eat of the corne and straw he treads out ; or , as any other hired labourer whatsoever hath to his hire ; they being the best and eminentest of all other labourers ; with the especiall application of deut. 25. 4. and of this very sentence , here again to them , the labourer is worthy of his hire ) imports : therefore for any people witting●y or wilfully to detain or defraud them thereof , is as great an injustice , cru●lty , sin and unrighteousnesse , as to muzzle the ox mouth that treadeth out the corne , or to detain the labourers wages , or defraud him thereof ; yea , a sin against the expresse commandements of god , deut. 25. 4. ch . 24. 14 , 15. levit. 19. 13. 1 cor. 9. 8 , 9. 10. and so much the rather because their hire and wages being their right and their owne ( not the meer almes and charity of those who pay it ) as christ himselfe resolves , mat. 20. 4 , 7 , 8 , 13 , 14. v. by gal. 6. 6. where the apostle layes down this generall gospell precept for the maintenance of the ministers of the gospell , from which there can be no evasion . let him that is taught in the word communicate unto him that teacheth in all good things . the word communicate , signifieth a free and liberall ( not base and niggardly ) al●owance , as is evident by 1 tim. 6. 18. heb. 13. 16. 2 cor. 9. 5 , 6 , 7 , 8. deut. 15. 8. 11. and that to be rendred to them , not as to meer strangers , but as to those who have a kinde of cop●rtnership , and tenancy in common with them , not in one or two , but in all good things god hath blessed them with ; as the primitive christians had all things in common , and said not that any thing was their own , but the apostles and brethr●ns as much as theirs , act. 4. 32 , 34 , 35. whence the contents of our bibles and commentators on this text infer and conclude , that every christian ought chearfully to communicate a liberall share and portion of all the fruits of the earth , blessings and good things he enjoyes , to his spirituall pastor and teacher , ( and by consequence tithes of all tithable things ) and that not as almes , charity or a free benevolence , but as a d just debt and duty commanded by this sacred canon . vi. by rom. 13. 6 , 7 , 8. for , for this cause pay you tribute also , for they are gods ministers attending continually upon this very thing . render therefore to all their due , tribute to whom tribute is due , custome to whom custome , fear to whom fear , honour to whom honour . owe nothing to any man , but to love one another . which scripture though particularly intended of the higher civill powers , rulers and magistrates ordained by god ; yet it equally extends to all spirituall and ecclesiasticall pastors and rulers over us , as well as to them . first , because they being gods ministers attending continually upon this very thing , ( to preach the gospell , and discharge their pastorall charge over their flockes ) as well as civill magistrates ; and therefore by way of excellency are more frequently styled ministers , and ministers of god and christ in the new testament , then magistrates are , rom. 15. 8 , 16. 1 chr. 4. 1. 2 ▪ cor. 3. 6. ch . 6. 4. ch . 11. 23. ephes . 3. 7. col. 1. 23 , 25. ch . 4. 7. 1 thess . 3. 2. 1 tim. 4. 6. whence their very work and calling is styled , the ministry , rom. 12. 7. ephes . 4. 12. col. 4. 17. 2 tim. 4. 5. 1 tim. 1. 12. secondly , because the precept subjoyned is universall ; render therefore to all their due : and in the affirmative ; therefore to ministers as well as magistrates , with the like care and conscience . and then the inhibition in the close as universall , owe nothing to any man ; therefore not to ministers no more then to magistrates or other men . thirdly , because it expresly enjoynes all christians to render honour to whom honour is due : now , not onely honour , but double honour is due to ministers that rule well and preach the gospell diligently , 1 tim. 5. 17 , 18. to wit , reverence , obedience , love and maintenance ; all here prescribed to be rendred in this text to whom they are due . therefore a liberall , honourable , comfortable maintenance and reward is both in justice and conscience dve , as well to the ministers of the gospell , as to the magistrates and higher powers , and as duely , truly , and justly to be rendred , ( and not owed , detained , denied ) unto the ministers , as to kings , parliaments , o● any other civill rulers , even by this evangelicall precept , ( from which there is no evasion ) and that for conscience sake ; as well as for fear of wrath and punishment : vers . 5. so as none can plead or pretend the least colour of conscience , for detaining , or not rendring their tithes and duties to our ministers of the gospell , without giving the holy ghost himself , and this gospell text the lie , and incurring ananias and saphiraes sin , act. 5. 3 , 4 , 7 , 8 , 9 , 10. for which they justly may expect and receive their fatall exemplary punishment . vii . the apostle further clears this truth not only by way of precept , but reason and demonstration , rom. 15. 26 , 27. it hath pleased them of macedonia and achaia to make a certain contribution for the poor saints which are at jerusalem ( ministers and apostles as well as other saints that were poor . ) it hath pleased them verily , and their debtors they are : for if the gentiles have been made pertakers of their spiritval things , their dvty is also to minister vnto them in carnall things . i confesse , the text is not meant properly of ministers , and apostles of the gospell , but of poor beleeving saints that were jewes ; but the reason and argument here urged , extendeth much more to apostles and ministers of the gospell , then to poor beleeving saints : and thus i argue from it . if the christian beleeving gentiles in macedonia and achaia were strongly obliged not only in charity , but of debt and duty ( as the apostle here argues and resolves ) to make a certain contribution , for the poor saints of god at jeru●alem who were jewes , and to minister to them in their carnall things when they were in want , upon this account ; that god had made them partakers of their spirituall things : ( by the apostles and other ministers sent or repairing to them from jerusalem ) then much more are they and all other converted gentiles then and now strongly obliged , not only in charity , but of just debt ▪ and duty to make a certain contribution , and maintenance for , and liberally to minister in their carnall things unto those faithfull ministers of the gospell , who actually preach the gospell , to them , and of whose spirituall things and paines they are made partakers . but the antec●dent and supposition is an unquestionable gospell truth , by the apostles resolution in this alledged text , and is and m●y be further ratifyed by act. 11. 29 , 30. act. 4. 32 , 33 , 34 , 35 , 36. act. 5. 1 , 2 , 3. 1 cor. 16. 1 , 2. 2 cor. 8. 1. to 16. and ch . 9. 1 , to 15. gal. 2. 10. ephes . 4. 28. 1 joh. 3. 17. mat. 5. 42. and deut. 15 7 , to 12. therefore the consequent must be granted , being the apostles expresse argument in the very case of ministers maintenance from the people , 1 cor 9. 11. if we have sown unto you spirituall things , is it a great thing if we shall reape your carnall things ? now in this reasoning of the apostle , and gods spirit in , and by him ; there is a double emphaticall enforcement to prove ministers maintenance , both a just debt and duty , which the people are bound to render to them , not as free givers , but as d●btors . 1. by the grounds of communicative justice . they are ( or at leastwise may be if they will themselves , the case only of obstinate separatists ) partakers of the ministers spirituall things and paines : and therefore ought in justice and duty , to pay and render them some proportionable recompence for what they receive from them ; even as all other merchants and tradesmen who barter or sell one commodity for another , or for ready money , use to doe . 2. from the nature and value of the things they receive from ministers ; and of those things they render back to them by way of exchange , which will hold no ballance nor equall value with what they first receive : for the things the people enjoy by ministers , are spirituall , which concern their souls , spirits , everlasting salvation , eternall happinesse , and are the most excellent and precious things of all other , farre excelling gold , silver , tithes , and all earthly treasures . ephes . 3. 8 , 18 , 19. 2 pet. 1. 4. 2 cor. 3. 8 , 9 , 10. ch . 4. 7. phil. 3. 8. rom. 2. 18. psal . 19. 10. & 119. 72. 127. prov. 8. 18 , 19. but the things and recompence they return to ministers for them , are only their carnall things , for the necessary support of their bodies and families , which are no way comparable in value , worth , b●nefit , or use to what they receive from them , as the last recited texts and others resolve . the people therefore receiving from their ministers quidpro quo ; and things of infinite more value and benefit , then what they render to them ; the carnall things they receive for their spirituall , ( though in a liberall proportion ) must needs be a most just debt and duty ; not meer arbitrary almes or charity . and can neither in justice nor conscience ▪ be detained from them , they being such infinite gainers by the bargain . viii . this supposition is yet further professedly argued and debated at full by the apostle and the spirit of god against all sorts of callings and professions of men , that now oppose it , with the greatest evidence of reason , justice , equity that may be , backed with divine authority ; as if he had purposely foreseen the violent , impious , heady opposition , now made against ministers tithes and maintenance in these daies by souldiers and other rusty tradesmen ; and penned this scripture purposely to refute them . 1 cor. 9. 4. to 16. have we not power to eat and to drink , &c. who goeth a warfare any time at his own charges ? who planteth a vin●yard , and eateth not of the fruit thereof ? or , who feedeth a flock , and eateth not of the milk of the flock ? say i these things as a man ? or saith not the law the same also ? for it is written in the law of moses , e thou shalt not muzzle the mouth of the oxe that treadeth out the corn . doth god take care for oxen ? or saith he it altogether for our sakes ? for our sakes , no doubt , this is written , that he that ploweth should plow in hope , and he that thresheth in hope , should be partaker of his hope . if we have sowen unto you spirituall things , is it a great thing , if we shall reap your carnall things ? if others be partakers of this power over you , are not we rather ? neverthelesse , we have not used this p●wer ; but suffer all things , lest we should hinder the gospell of christ . do ye not know , that they which minister about holy things live ( or feed ) of the things of the temple ? and they which wait at the altar are partakers with the altar ? even so hath the lord ordained , that they which preach the gospel shovld live of the gospel . but i have used none of these things ; neither have i written these things that it should be so done unto me , &c. in which scripture the apostle asserts the lawfulnesse and justnesse of ministers maintenance under the gospell by sundry instances and arguments , against all opponents . and because , perchance some souldiers , who now are the chief opposers of ministers maintenance , or rather , for that he foresaw ( by a f propheticall spirit ) that they should prove such in our dayes , he first re●utes and stops theirs and others mouthes , with an argument drawn from the wars , and their own military practise : who goeth a warfare any time at his own charge ? in which short interrogative argument , these particulars are both included and tacitly asserted . 1. that ministers of the gospell are true spirituall souldiers under christ their g captain ; and their ministry , a true spirituall warfare , against the world , flesh , devill , sins and vices of men , exposing them to many hardships , dangers , and oft-times to losse of liberty , bloud , limbs , and life it selfe ▪ as he expresly resolves in other texts , 2 cor. 10. 4. 1 tim. 1. 18. 2 tim. 2. 3 , 4. & 4. 7. 2. that being souldiers , it must needs be most unjust , unreasonable , unconscionable , and against the common rules of war and practise of all souldiers , that they should goe a warfare any time at their own charge ; since no other souldiers ●lse will , or use to doe it , ( nor any officers or souldiers of the army now ) who will follow the wars no longer , then they may do it at free cost , no not for a moment ; and will fight no longer then they receive or expect full pay . and therefore should not now , nor at any time else , presse ministers to preach freely at their own cost , unlesse themselves first went a warfare on their own purses , to ease the impoverished oppressed countrey of their long continued heavie taxes . 3. that pay and wages are at all times as really and justly due to these spirituall souldiers for their spirituall warfare , as they are to any other souldiers , warriers or officers whatsoever imployed in actuall service in other warres . luk ▪ 3. 14. therefore those military officers who oppugne our ministers pay and se●led maintenance as unlawfull , antichristian , and unevangelicall ; must first renounce their own pay and contributions as such ; and warre without pay on their own charges for the future ; ( which many of them may well do , having gained so much by the warres already , and being most of them out of actuall military service ) or else henceforth permit our ministers to enjoy their tithes and setled maintenance without opposition , or substraction as they doe their pay : it being as great a robbery , injustice , fraud to deprive them of all or any part thereof , as to defraud any souldiers , now in service by land or sea , of their lawfull day , mal. 3. 8 , 9 , 10. 4. it hence necessarily followes , that as souldiers pay and other military expences , are not left to the arbitrary pleasures and free benevolence of the people , ( who would contribute little or nothing at all towards them at this or any other season , if left to their own free wils ) whence the present dissolution and destruction of the temporall army , and militia would ensue ; but are reduced to a certainty by a setled establishment , and imposed and levied on the people ●y coercive lawes , ordinances , forfeitures , distresses , imprisonments , strict penalties and illegall armed power , when wilfully refused , detained or neglected to be paid in whole or part at the times appointed : so the wages and stipends of these spirituall souldiers the ministers , and of their necessary spirituall warfare are not to be wholly left in any setled christian state , to the arbitrary wils and voluntary benevolences of the people ( which would soon necessitate them to disband , and frustrate their soul-saving warfare ) but reduced to some certainty by positive lawes ( as they have been time out of minde with us ) and in case of wilfull refusall , detention , substraction in whole or in part , when due , to be levied by such coercive legall waies and means , as our monthly taxes , contributions , and other just debts and duties are , there being the self-same justice , reason , equity , and necessity in both cases . those army officers and souldiers then , who oppose , condemn our ministers setled maintenance , and the coercive lawes means to recover it when de ained from them , as an intolerable oppressing yoke and grievance , must first renounce , suppresse all monthly taxes , contributions , excises , customes , impositions , and the many new severe coercive waies and means to levie them , as such ; being farre more grievous , burthensome , illegall , oppressive to the people , both in their value , frequency , novelty , illegality , new way of imposing and levying , then ministers tithes and dues ; and the saddest heaviest pressures they now languish under : and live wholly upon the peoples free unconstrained benevolences , taking only what they will freely give them of their own accords , without coercive lawes , ordinances , forfeitures , penalties , and distresses ; or else recant their former erronious opinion , practise , and approve of our ministers setled coercive maintenance for the future , without opposition , being souldiers as well , and having as just a right to a setled enforced salary as they , as the apostle here argues and resolves . 2. the apostle having thus routed , silenced our captains and souldiers , the ring-leaders against ministers setled coercive maintenance , encounters in the n●xt place , all husbandmen , sheep ▪ masters , shepherds , ploughmen , reapers , threshers , and other oppugners of their tithes and livelihood , vers . 7 , 9 , 10. wherein he asserts that ministers of the gospell have as just , as equitable a right to a competent maintemance from the people for preaching the gospell to them , and to partake of their temporall things ; as he that planteth a vineyard hath to eat of the fruit thereof ; as he that keepeth a flock hath to eat of the milk thereof ; as the husbandman and labo●●●r who ploweth , reapeth or thresheth corn , hath to eat of the corn he soweth , reapeth , ploweth : and that it is as great injustice and unreasonable wrong to deprive ministers who sow unto us spirituall things , of a competent share in our carnall things ; as to debarre one that plants a vineyard , right and liberty to eat of the fruits thereon ; or one that feeds a flock , to eat of the milk thereof ; or those that sow , reap , and thresh corne , to enjoy any share or portion in it : which all husbandmen , farmers , sheep-masters , shepherds , plowmen , reapers , threshers , and other labourers , who deny or beg●udge our ministers their setled long-enjoyed tithes and dues may do well advisedly to consider , to convince them of their errour , and reforme their practise . 3. vers . 8 , 9. to convict all brutish men in these daies , who are more uncharitable to their ministers , then men are or ought to be unto their very beasts , in denying them so much as to eat of their tithe corn or straw ; he argues the justice of their maintenance ( and that by the tithes of their corn , wine , &c. as the instances imply ) from the very law of god concerning beasts , deut. 25. 4. thou shalt not muzzle the mouth of the oxe that treadeth out the corne : which though literally meant of oxen , to whom all righteous men are and ought to be just and mercifull , prov. 12. 10. luke 13. 15. & 14. 5. mat. 12. 11. yet it is principally written and intended altogether in its genuine sense of the priests of god , and ministers of the gospell , of whom god takes farre more care then he doth of oxen ( of whom yet be hath a generall providentiall care , as well as of all other beasts and sparrowes : psal . 104. 25 , 27. & 145. 9 , 15 , 16. & 147. 9 luke 12. 6 , 7 , 24. mat. 6. 26. & 10. 28 , 29. ) and are of more value then many oxen or sparrowes , and yet not o●e of them falleth to the ground without gods spirituall providence , though two of them be sold for a farthing . the force of this argument stands thus , if god by a speciall law takes so much care of the very oxe that treadeth out the co●n , as to prohibit the muzzling of his mouth , that he may not eat thereof ; then questionlesse he takes much more care of the ministers of the gospell , and much more inhibits the muzzling their mouthes , that they shall not so much as eat , feed and live upon the tithes , milk , wine , and fruits of your vineyards , straw , corn , and other carnall things ; they being farre better then oxen ; and this law purposely and altogether written for their sakes , not for oxen. therefore those who deny and deprive them of this their right , transgresse this very law of god , ( still in force under the gospell , being founded upon naturall justice and equity ) and are farre more unrighteous , cruell , unmercifull to their ministers , then they are to their very beasts and oxen , to whom they allow both corn , straw , and sufficient maintenance for their very work . verily our ministers now were better to be many mens oxen , horses , then their spirituall pastours , for then they would feed and keep them well , and allow them straw , hay and corn to live on , as they do to their beasts ; whereas now they will pay them neither tithe , corn , nor hay , nor straw . such men , i fear , are worse and more brutish then their h beasts that perish , regarding neither law nor gospell , here joyntly urged by the apostle against their practise . 4. vers . 11. he enumerates all artificers , merchants , tradesmen , and others who live by selling , buying , exchanging ; who deny or detain their ministers dues and maintenance , by an argument drawn from their own practise , the rules of commutative justice , the nature and value of what they receive from ministers , and what they render , or should return them for it . if we have sow●n unto you spirituall things ( the most precious , excellent , usefull , necessary of all others ) is it a great matter if we shall reap your carnall things ? of farre lesse value , worth , use , then what you receive from us for them . surely none of these traders , will give or sell away their wares without any money or recompence for them ; and if they sell or exchange them for lesse money , or things of lesse value or moment then what they sell or exchange them for , they may in all justice and equity expect and receive money and wares exchanged for them from those who have so gainfull a bargain , without the least shadow of covetousnesse , injury , or oppression . let then such and all others consider their own daily practise , and the weight of this apostolicall gospell argument for our ministers maintenance , tithes , and dues , against which there can be no exception , nor reply , and then it will convince , convert them , if they have not abjured all principles of common justice and commerce . 5. vers . 12. he argues from others precedents and examples . if others are partakers of this power over you ( to reap your carnall things for spirituall ) are not we rather ? which may receive these various constructions agreeable to the generall scope of the place . 1. if others who are true apostles and ministers of the gospell , are partakers of this power , though they have not been such to you , and did not convert you , nor labour so much in sowing spirituall things to you ; much more i ( and barnabas ) who have been the instruments of your conversion , and doubtlesse are apostles unto you , you being the seal of mine apostleship in the lord , vers . 1 , 2. 2 cor. 12. 11 , 12. may likewise be partakers of this power . 2. if others , who are not apostles of jesus christ , but meer false apostles , seducers , slanderers of me and the truth of the gospell , yea broachers of heresies and schismes , are partakers of such a power amongst you ; then much more i and barnabas , who are true apostles and ministers of the gospell , and preach nothing but soul-saving gospell truthes : which seems to be the genuine sense of the place , by comparing vers . 1 , 2 , 3. with 2 cor. 11. 1. to 16. 3. if your i idolatrous pagan priests before or since your conversion , be partakers of such a power ( as to receive a competent salary and maintenance out of your carnall things ) even for their idolatrous superstitious rites and ministry ; or if your pagan civill magistrates receive a competent allowance from you for their care and pains in civill government ; then much rather we who are true ministers and apostles may doe the like for the true sqirituall things we sow among you . the argument holds strongly in each of these constructions , but specially in the two first , which are most sutable to the text. 6. vers . 13. he argues the justice of ministers maintenance under the gospell , from the maintenance of the priests by gods appointment under the law , both before and after the temple built . do ye not know that they which minister about holy things live of the things of the temple , and they which wait at the altar , are partakers with the altar ? numb . 18. 18 , 19 , to 31 ▪ deut. 12 ▪ 6 , 11 , 17 , 18 , 19. & 14. 22. to the end of the chapter , & 18. 1 , 2. 2 chron. 31. 2. to 20. nehem. 10. 32. to the end . & 12. 39 , 47 & 13. 5. to 15. ( the priests and levites by gods own institution then receiving a liberall maintenance from the people , by first f●uits , tith●s , oblations , sacrifices , and likewise cities , suburbs , lands , houses , chambers for them and their families , stocks of cattell and goods . numb . 35. 2 , to 9. josh . 21. 2 , to 43. 1 chron. 6. 6 , throughout . 2 chron. 11. 13 , 14. neh. 10. 37 , 38 , 39. & 13. 10. ezek. 45 , 1 , 2 , 3 , 4 , 5. & 48. 9 , to 15. lev. 25. 32 , 33 , 34. compared with the former texts : and levit. 27. throughout . numb . 21. 28 , 29 , 30 , 37 , 47 , 50 , 51 , 52 , 53 , 54. heb. 7. 5 , 8. none of which might be alienated , sold or substracted from them without sin and sacriledge . mal. 3. 8. ezek. 49. 14. lev. 25. 33 , 34. gen. 47. 22 , 26. ) and then to stop and silence all future objections and calumnies , he concludes his argument with a divine ordinance and institution of christ himselfe under the gospell for the like liberall maintenance of the ministers of the gospell , ( whose ministration is much more glorious then that of the law , 2 cor. 3. 7 , 8 , 9 , 10. ) vers . 14. even so hath the lord ordained that they which preach the gospel shovld live of the gospel , to wit , as leberally , as plentifully , as comfortably in all respects , as the priests and levites under the law , as the parallel , and the words even so import . who ever therefore oppose , resist , and censure this their liberall setled maintenance , oppose , resist , and censure the very positive ordinance of christ himself under the gospell ; and therefore may and shall receive to themselves damnation , rom. 13. 2. in case they do not repent thereof . finally , the apostle to prevent all cavils that either false ▪ apostles or enemies to him and his ministry , might th●n object against him for this doctrine , as if he were a selfe seeker , a covetous wretch , an oppressor , fleecer and spoyler of his flocke , or a partiall judge in his own cause ( as they now calumniate our ministers pleading for their just setled maintenance and tithes ) because he thus st●ongly pleads and proves the maintenance of the ministers of the gospelll ; concludes , v. 1● , 15 , 18 , 19. neverthelesse we have not used this power : but i have used none of these things ; neither have i written these things , that it should be so done unto me &c. which he repeats and amplifi●s in 2 cor. 11. 7 , 8 , 9 , 10. & 12. 13 , 14 , 15 , 17. but he did it only in the behalf of the rest of the ministers of the gospell , to justifie their gospell right to a liberall , just and fitting livelihood for preaching of the gospell . wherefore his testimony and resolution in this case is beyond all exception , sufficient to convince and silence all gainsayers th●n and now . ix . the verity of this proposition is thus demonstrated from 1 tim. 3. 2. titus 1. 8. 3 joh. 9. 10. which prescribe this as one speciall qualification of every evangelicall bishop and minister of the gospell , that he must be given to , and a lover of hospitality , a receiver of the brethren , and receiv●r of distressed saints upon all occasions : and yet withall commands and requires ; that he must give himself wholly to reading , fasting , prayer , meditation , exhortation , doctrine , preaching the word in season , out of season , giving attendance on these and other pastorall duties , not intangling himself with the affaires of this life , being separated to the gospell of christ , act. 6. 4. 1 tim. 4. 13 , 14 , 15 , 16. 2 tim. 2. 4. 15. & 4. 2 , 5. rom. 1. 1. t●t . 1. 9. & 2. 1. 1 cor. 4. 17. act. 20. 28. now this they cannot possibly do without a liberall , comfortable , constant , setled maintenance , unlesse they have good estates of their own , which few of them have , who yet deserve a convenient reward for the work of their ministry from the people : therefor● such a maintenance of right belongeth to them as ministers of the gospell , to enable them to be hospitable and charitable to their christian brethren , and the poor that need relief . x. ministers of the gospell , are to speak , exhort , and rebuke with all authority , and let no man despise them , tit. 2. 15. 1 tim. 4. 11 , 12. mat. 7. 29. now this they can hardly do , if they be poor , beggerly , living upon almes and benevolences of the giddy-headed people , and stript of a competent setled maintenance independent of the vulgars or superiors meer wils and pleasures , which will render both their persons , words , doctrine and ministry contemptible , and lesse authoritative to the people : for the scripture informes us , that poor men are lightly esteemed , 1 sam. 18. 23. and therefore david couples these together , psal . 119. 141. i am poor ( or small in estate ) and despised . and solomon informes us , that the poor useth intreaties ( speaks not with authority like the richer sort ) prov. 18. 23. that the poor is hated even of his own neighbour , separated from him , despised by him , and that all the brethren of the poor do hate him , how much more do his friends go far from him ? though he pursueth them with words , yet are they wanting to him . prov. 14. 20. & 19. 4. 7. yea he resolves eccles . 9. 15 , 16. that a poor mans wisdome is despised , and his words are not heard ; and that no man remembred or regarded that poor wise man , who by his wisdome delivered the small city that was beseiged by a great king. neither is this old testament , but gospell truth , likewise . jam. 2. 2 , 3 , 5 , 6. if there come into your assembly a man with a gold ring , in goodly apparell , and there come in also a poor man in vile rayment ; ye have respect to him that weareth the gay clothing , and say to him , sit thou here in a good place ; and say to the poor , stand thou there , or sit here under my footstool . hearken my beloved brethren , hath not god chosen the poor of this world rich in faith , and heires of the kingdom , which he hath promised to them that love him ? but ye have despised the poor : a fault still common in the world . poor indigent ministers , as well as saints , though rich in faith , are alwayes generally contemptible to the greatest part of men , and their very poverty makes not only their persons , but words and doctrine to be slighted and despised , as these scriptures and experience manifest . wherefore a competent , setled maintenance and revenue , is not only just , but necessary , to add more r●verence , esteem and authority to their exhortations , rebukes , words , and preserve their persons , callings , doctrine from contempt and scorne in the eyes and ears of men : who though they ought to know them which labour among them , and are over them in the lord , and admonish them , and to esteem them very highly in love for their workes sake , 1 th●ss . 5. 12 , 13. yet by reason of their inbred pride and corruption , will be very averse to do it , if they be very poor , indigent , and living like beggers upon almes and charity , as our new reformadoes would have them . xi . ministers of the gospell must not seek to please men , but god ; for if they yet pleased men , they should not be the servants of christ . gal. 1. 10. neither must they corrupt the word ( as many do ; to humour the iusts , wils or countenance , and carry on the unrighteous , cove●ous , ambitious , oppressive , bloudy , or treacherous designes of wicked men ) fasting , ( yea preaching , praying ) for strife and debate , and to smite with the fist of wickednesse , esa . 58. 4. but as of sincerity , but as of god in the sight of god , must they speak in christ , 2 cor. 2. 17. now a just , comp●tent , setled maintenance , independent on the governours , magistrates or peoples wils and pleasures , ( such as was the priests and levit●s under the law enjoyed by divine institution ) is the best means and preservative , to keep ministers from being men-pleasers , flatterers , time-servers , and corrupters of the word of god , to humour men ; a great inducement to them to preach the word of god sincerely , and to rebuke and exhort with all authority . whereas a poor , beggerly , mean , dependent minister , whose whole maintenance and subsistence must only rest upon the arbitrary wils of persons in highest present power ( who may out , or strip them both of their callings and benefices , when and for what they please ) or only upon the peoples voluntary contributions , will certainly be a men-pleasing , time-serving , flattering , unsincere , and word corrupting ministry , studying more to please and favour those by and from whom they have their livelihood , then to please god ; and fitting their preaching and praying to their opinions , tempers , factions , parties , designes , holding alwayes with the prevailing strongest party , and wresting the scriptures to support their very errors , vices , sins , and most unrighteous , treacherous , perfidious , oppressing practises and bloudy usurpations , not daring to displease them , as * ecclesiasticall histories record , and our own experience can sufficiently testifie in these late whirling times and changes , as well as in king ‖ edward the 6. queen maries and quen elizabeths reigns , when our religion suffred so many publick alterations , and most ministers theu changed their peoples opinion and religion with the times . hence the scripture records this , as one of jeroboams policies to keep the people and kingdome from returning to the right heire , 1 king. 12. 28 , 29 , 31 , &c. ch . 13. 33 , 34. that he made priests of the lowest ( or poorest ) of the people , who were not of the sonnes of levi , and placed them in bethel : who being poor , mean and depending on him for their salaries , readily sacrificed to his golden calves , offered upon the altar which he had made in bethel , and observed his new prescribed feasts : which the priests and levites that were in all israel , having la●ds , suburbs and a setled maintenance , refused to do . whereupon jeroboam and his sonnes cast them out from executing the priests office unto the lord , and substituted these base idol-priests for the calves , 2 chron. 11. 13 , 14 , 15. which became sin unto the house of jeroboam even to cut it off ▪ and to destroy it from the face of the earth . god deliver us of th●s nation from the like atheisticall jeroboam-like policy and practise now , which will certainly prove the ruin of them and their house , who shall put it in execution , if not of our religion and nation , as it did of jeroboam his house , and the k wh●le kingdome of israel . xii . all christians are commanded gal. 6. 10. as they have opportunity to do good to all men ( to relieve their wants ) especially to the houshold of faith . therefore they are in an especiall manner bound to do good to their ministers in maintaining them , and communicating to them in all good things , as he resolves v. 6. the rather because we have this precept thus seconded , heb. 13. 16. but to do good and communicate forget not ; for with such sacrifice god is well pleased : ( coupled with this injunction ) obey them that have the rule over yon , and submit your selves , for they watch for your souls , as they that must give account , that they may do it with joy and not with grief , for that is unprofitable for you . wherein these 3. conclusions are positively asserted . 1. that christians must not only obey their ministers , but likewise do good and communicate to them in all good things the want . 2. that this is so farre from being unlawfull ; that it is a sacrifice well pleasing unto god. 3. that ministers deserve not only obedience but maintenance from the people . 1. because they have the rule over them . 2. l because they watch for their souls . 3. because they must give an account to god for them . 4. because it will be a great encouragement to them to discharge their duty with joy , not with grief . 5. because the not doing it , will both grieve the ministers , and be unprofitable to the people in regard of their soules and spirituall estate , and also cause god to curse and blast them in their temporall estates , mal. 3. 8 , 9 , 10 , 11 ▪ 12. whereas the doing thereof will be advantagious to them in both . powerfull reasons and motives to convince all of the justice of our ministers maintenance , and to induce them chearfully to render it unto them , though due by law , as we know it is . xiii . the very gospell enjoynes all christians , rom. 12. 20 , 21. to distribute to the necessity of the saints , and to be hospitable ( not only to those we know , but ) even to strangers . heb. 13. 2. and if our enemy hunger , it comm●nds us to feed him , if he thirst , to give him drink ; and not to be overcome with evill , but to overcome evill with good ; seconded mat. 5 44 , 45 , 46 , 47 , 48. luke 6. 32. to 37. p●ov . 25. 22. whence thus i argue : i● christians must distribute to the necessities , and be hospitable to saints and others , who are m●er strangers to them , yea give meat and drink to their very enemies , and overcome their evi●l with goodnesse ; then it necessarily followes , they must much more distribute to the necessities of , and be hospitable , liberall , and give meat , drink and maintenance to their own faithfull preaching ministers , and recompense their good with good again , else they shall be worse then publicans and sinners , who do good to those that do good to and for them . xiv . this is evident by the practise of the primitive saints and christians recorded in the gospell for our imitation ; who though they paid all civill tributes customes , duties to the civill magistrates , and likewise tithes and other duties to the jewish and pagan priests under whom they lived ; yet they likewise freely and liberally ministred and contributed of their substance and temporall estates towards the maintenance of christ and his apostles , and the ministers of the gospell . hence we read , luke 8. 2 , 3. that mary magdalen , joann● the wife of cuza , herods steward , susanna and many others ( of our saviours auditors ) ministred to him of their substance : put , it seems , into a common purse for the maintenance of christ and his apostles , which judas kept ; wh● provided bread , meat and other necessaries out of it ; as is evident by joh. 4. 8 , 31. & 12. 5 , 6. & 13. 29. & 6. 5 , 7. compared together . after our saviours resurrection , when the multitude of beleevers at jerusalem were much increased , it is expresly recorded , act. 4. 32 , to the end , & 5. 1 , to 10. that they were of one heart and of one soul ( and oh that we were so again ) neither said any of them , that ought that he possessed was his own , but they had all things common ; neither was there any amongst them ( whether apostle minister or beleever ) that lacked ; for as many as were possessors of lands or houses sold them ( not purchased them , as many do now , who say they imitate the primitive christians ) and brought the prices of the things that were sold , and laid them downe a● the apostles feet ; and distribution was made unto every man ( therefore to every apostle , and minister of the gospell , as well as others ) according as they had need . amongst others , joses a levite of cyprus , having land so●d it , and brought the money and laid it at the apostles feet : the like did ananias with saphira his wife , but bec●use they brought a certain part thereof , and laid it at the apost●es feet , and kept back part of the price of the land , ( which is lesse then to keep back tithes , when due by sundry lawes and ordinances ) and thereby lyed not unto men ( only ) but to god , they both fell down dead sodainly at the apostles feet ( in a miraculous manner ) and were carried forth and ●uried : and great fear came upon a● the church , and as many as heard thereof . we finde in 2 cor. 11. 7 , 8 , 9. that though paul preached the gospell at corinth freely , yet he ●ook wages of other chvrches ( at the same time ) to do them service . and when he was present with them , and wanted , that which was wanting unto him , the brethren that came from macedonia svpplied ; that in all things he might keep himself from being burdensome to the corinthians ; ( for reasons expressed by him ) in which respect , of not ministring to him of their substance , he writes , they were inferior to other chvrches , 2 ▪ cor. 12. 13. how bountifull the church and saints of philippi were to paul not only whiles present with them and preaching among them , but also absent from them preaching the gospell in other places , and how pleasing this their liberality was to god , he thus records ; phil. 4. 10. to 21. but i rejoyced in the lord greatly , that at last your care of me is revived ; wherein ye were also carefvll , but ye lacked opportunity : not that i speak in respect of want , for i have learned in whatsoever estate i am , therewith to be content &c. notwithstanding ye have well done that ye did communicate with my affliction . now ye philippians know also , that in the beginning of the gospell , when i d●parted from macedonia , no churches communicated with me as concerning giving and receiving bvt ye only : for even in thessalonica ye sent once and again to my necessity . not because i desire a gift , but i desire fruit that may abound to your accompt . but i have received all , and a●ovnd and am fvll , having received of epaphroditus the things sent from yov ; an odovr of a sweet smell , a sacrifice ac●eptable , wellpleasing to god. but my god shall supply all your needs , according ●o his riches in glory by jesus christ ; now unto god and our father , be glory for ever and ever amen . and in 2 tim. 1. 16 , 17. 18. he makes this memorable testimony and prayer for onesiphorus : the lord give mercy unto the house of onesiphorus , for he often refreshed me , and was not ashamed of my chain : but wh●n he was in rome , he sought me out very diligently , and found me : the lord grant unto him , that he may ●inde mercy of the lord in that day : and in how manythings he ministred vnto me at ephesus thou knowest very well . from all which precedents coupled together , these conclusions naturally , and necessarily arise : 1. that it is not only the practise , but duty of the saints and christians under the gospell , chearfully and liberally to contribute to the apostles and ministers of the gospell ; and that not only whiles they are actually preaching and resident amongst them , but whiles absent , preaching the gospell in other places , or suffering for the gospell in bonds and prisons , if their necessities so require . 2. that they ought not only barely to supply their necessities , when they are in want ; but in such a plentifull manner , that they may truly say , we abound and are full , blesse god for , rejoyce in their peoples liberality , pray god for a blessing upon them and theirs . 3. that in cases of necessity , when the wants of the apostles , ministers and saints of god require it , christians are only not bound to pay them the tithes of their lands and other setled dues , but even to sell their very lands , houses , estates , and lay them down at the apostles and ministers f●●t for their common supply ; as the primitive christians did ; they being not reall proprietors , but meer stewards of their worldly estates ; which as they all proceed from gods hand , gift , blessing ; so they are still , gods own , not mans ; and therefore in such cases , to be chearfully expended for the maintenance and supply of the necessities of his ministers , servants , worship : 1 chron. 29. 11 , 12 , 14 , 15 , 16 , 17. 1 tim. 6. 17 , 18 , 19. 4. that the maintenance of the ministers of the gospell , is not meer pious almes , ( as some have held ) but wages ; which though paul ( for some speciall reasons ) received not from the corinthians , yet he did from other churches , under the name of wages . 5. that niggardlinesse , and not contributing towards the maintenance of painfull ministers , is a shame , infamy , and dishonour to a church and people , making them inferiour to all other churches . 6. that peoples liberall and bountifull contributing to the apostles and ministers of the gospell , is a great joy , comfort , encouragement to them , and a means to enlarge their hearts in prayers to god for spirituall and temporall blessings on them and their housholds . 7. that bountifull and chearfull contributions to the apostles and ministers of christ , is not only a well doing , or good work , but an odour of a sweet smell , a sacrifice acceptable and well pleasing unto god , though it stinks in the nosthrils of many covetous earth-wormes , and pretended godly saints now adaies . 8. that liberality to the ministers of the gospell , and paying them their just deserved tithes and dues , is so farre from impoverishing and hurting men , that it redounds to their spirituall accompt , and temporall too ; causeth god to supply all their wants , and to blesse them and their families with spirituall , temporall and eternall mercies and rewards ; as the severall cited sc●iptures , prov. 3. 9 , 10. mal. 1. 10 , 11. mat. 10. 41 , 42. mtr. 9. 41. 2 cor. 9. 6 , to 13. 2 king. 4. 8 , to 38. 1 king. 17. 10 , to 24. most abundantly prove . 9. that the wilfull d●taining , withdrawing of any thing solemnly devoted to the necessa●y maintenance of the apostles and ministers of the gospell , brings exem●plary curses and judgem●nts on those who are guilty thereof , as the examples of an●nias and sa●hira testifie , compared with mal. 3. 8 , 9 , 11. ha● . 1. 9 , 10 , 11 , & 2 ▪ 16 , 17 , 18 , 19. further illustrating it : which all sacrilegious inv●ders , plundere●s , detainers , oppugners of our ministers ancient established maintenance , tith●s , d●es , may do w●ll now seriously to ruminate upon , and then reform their practise , or else renounce their p●●tended christianity and saint hip , so much swarving from the recited precedents of the first and purest christians . xv. this is further proved by mat. 7. 12. luk. 6. 31. all things whatsoever ye would that menshould do unto you , do even so to them , for this is the law and prophets ; yea and the gospell too ; thus twice enjoyning it , from christs own mouth . whence thus i argue . all estates , callings and professions of men whatsoever , whether kings , princes , rulers , judges , magistrates of all sorts , lawyers , physicians , chirurgeons , merchants , artificers , traders , husbandmen , labourers of all kindes , sea-men ; yea and all generals , commanders , collonels , captains , governours of forts , and common souldiers whatsoever , with all officers in their respective offices and imployments , do and justly may by the law of god , nature , nations , expect and receive a just , certain comfortable salary , reward , hire , maintenance and subsistence for their respective pains , workes , imployments and exercises of their callings , and hires from those that do imploy them , or for whose good they worke and serve . therefore by the self-same lawes and rules of common , naturall , morall justice and equity , all ministers and preachers of the gospell may justly expect and receive the like , from those to whom they preach ; else all others whatsoever must ex reise their respective offices , callings , trades , imployments , studies , labours freely , without expecting or receiving any stipend , wages , reward or maintenance , as well as ministers . and great reason is there that the painfull and fai●hfull ministers of the gospell should receive a liberall , comfortable , competent , setled maintenance and reward for their ministry , as well as any other callings , or professions of men , or as any officers or souldiers in the army , between whom alone and ministers i shall here only make the parallel , because they most violently oppugne our ministers maintenance ( if not their ministry too ) of all other● i have yet con●erred with . first , all able , learned , judicious , pious ministers , skilfull in the originall tongues , and learned languages , wherein the scriptures were penned ( very necessary for them to understand ) able soundly , judiciously , like workemen who need not to be ashamed , to defend the truth of the gospell , to stop the mouthes of blasphemers , heretickes , seducers , that oppugne it , and to divide and preach the word of god aright as they ought . else they hardly merit the name of able ministers , 2 cor. 3. 6. 1 tim. 1. 7. 12. 2 tim. 2. 15. & 4. 2 , 3 , 4 , 5. tit. 1. 9 , 10 , 11. but rather of pratlers and wranglers , under standing neither what they say , nor whereof they affirme , wresting the scriptures to their own and others destruction through ignorance and want of learning , 2. pet. 3. 16. ( the case of many unlearned usurpers of the office of teachers now ) all such before they can be fit for the worke of the ministry , spend sixteen or twenty years time , and hard study day and night at their books in schools , and universities , and double the years , study , industry , that most other artists ( except lawyers and physicians ) spend in fitting themselves for , and in learning their trades and professions , whereas all common souldiers , yea many officers and commanders of late times , rush just like their horses , into their worke , calling , without one years , weeks , days preparation , study or practise in the warres , learning their trade of souldiers and commanders , after they are listed , as such , by practise and experience only without study . 2. most ministers or their parents and friends are at very great expences for many years time in fi●ting them for the ministry , both in schooles and in our universities ; whereas all our souldiers and army officers were at no expence at all , receiving full pay , as such , from the first day of their listing , and many of them advance money to boot , before any practise at all or judgement in their art ; learning their military skill , not at their owne , but the peoples great costs . 3. learned ministers both before and after their admission into the ministry , are at great charges to furnish themselves with bookes and libraries , necessary for their calling : whereas our officers and souldiers are and were furnished with all sorts of armes and ammunition fitting for their calling out of the publick treasury only , which continually recruites them when lost in service . 4. the calling of the ministry requires men of far more able parts and eminency of gifts ( whereby they might gain far more worldly wealth , riches and honours in many other callings , then they do or can do by the ministry , by which they are commonly losers in respect of worldly gains ●and preferments , a thing very considerable ) then the calling of an ordinary souldier , or most warlike officers doe ; as experience manifests , and i thinke most soldiers and officers will acknowledge ; and thereupon must admit them proportionable allowance to their parts and work in the ministry it selfe . 5. ministers when once entred into their callings , are alwayes day and night upon constant duty , without intermission ; their whole lives being so taken up with study , preaching , catechizing , praying , fasting , exhorting , admonishing , reproving , comforting , visiting the sick in body , troubled in minde , resolving doubts of conscience , and other ministeriall duties as well private as publick ; that they have most of them scarce one spare day or hour all the year to imploy in other affaires , for their owne advantage in worldly things . whereas many of our army officers and souldiers lie idle in their quarters many months ( if not years of late together ) without any actuall service , and yet receive their full constant pay ; and those in actuall service and garisons , do that they call duty only by turnes ; once or twice a week ; and then but for two or three houres in a day , being then successively relieved by others ; having sufficient time every day and week not only to follow their private trades , if they please , necessary , usefull , beneficiall to others , but also to exercise merchandise and other gainfull worldly imployments and offices , to which they were never trained up , whereby most of them are grown richer then most of our ministers in halfe the space they were fitting for their ministry before they received one penny profit by it . as for our officers , they seldome do any duty , have all their men-servants listed under them , and paid by the people to do them service only , being exempt from duty ; and how seldome they have been of late times at their quarters upon their duty as souldiers , but otherwise sitting in counsell to advance their own power , estates , and pull down all above them , to intrude themselves into their places , we all see by experience ; contrary to the apostles precept , 2 tim. 2. 4. no man that warreth intangleth himselfe with the affaires of this life , that he may please ( not supplant ) him who hath chosen him to be a souldier : and to john the baptists injunction to souldiers , luke 3. 14. do violence to no man , nei●her accuse any falsely , and be content with your wages . which ungospell practises i wish they would first reforme , by conforming themselves unto this precept , before they reforme our ministers or their setled wages ; a thing beyond , if not against their calling . 6. the calling of ministers , as it is every way farre more laborious , as perillous and full of hardship as that of souldiers , 2 cor. 11. 23 , to 33. & 4. 8 , 9 , 10 , 11. 2 tim. 2. 3 , 9 , 10 , 12. & 3. 10 ▪ 11 , 12. & 4. 5 , 6 , 7. so questionlesse it is far more honourable , necessary , usefull , beneficiall to others then that of souldiers and commanders ; for they are the very embassadors of god himselfe , and jesus christ ( the m king and lord of glory , the king of kings , and lord of lords , the prince of the kings of the earth , and only potentate , to whom all other powers and kne●● must bow ) beseeching men in christs stead to be reconciled to god , 2 cor. 5. 20. the ministers , servants , messengers of jesus christ , workers together with him , stewards of the mysteries of god and the glory of christ , 1 cor. 4. 1 , 2. 2 cor. 6. 1. & 8. 23. 2 tim. 2. 24. imployed to preach to sinfull men , the unsearchable riches of christ , to turne them from darknesse unto light , and from the power of satan unto god , eph. 3. 8. act. 26. 18. to rescue their souls from the slavery and power of sin , satan , hell , death , everlasting damnation ; and make them the sonnes of god , heirs and coheirs with christ of everlasting glory and felicity in gods heavenly kingdome , through the power of gods grace and spirit working in , with , by and through their ministry on their hearts . now the calling of a souldier though it be honourable , and in n some cases lawfull and necessary , if rightly managed ; yet , it is for the most part sinfull , hurtfull , pernicious , dangerous and unbeseeming the gospell , in respect of the cause , managing , abuses thereof ; o it being accompanied with murther , violence , rapine , treachery , perjury , sacriledge , cruelty , inhumanity , profanenesse , blasphemy , contempt of god , of all sacred , civill lawes and ordinances ; ambition , treason , and the worst of sins ; tending usually ( like an overflowing deluge ) to the subversion , desolation , ruine of whole families , cities , countries , kingdomes , churches ; yea , mankinde it selfe , religion , lawes , liberties , properties ; turning whole f●amous cities into ashes , and kingdomes into golgatha . s , acheldamaes , ( fields of bloud and dead mens sculs ) very wildernesses , as the p scripture , histories and experience manifest . hence god styles great warriers and armies ; the rod of his anger , a battle ax with which he breaketh in pieces the nations , destroyeth kingdomes , and treadeth them down like the mire in the streets ▪ and then at last destroyes them in his wrath , when they have executed his judgements , for their rapines , violence and bloudy cruelty , isa . 10. 5 , &c. jer. 51. 20 , &c. they being really carried on from one war to another , out of vainglory , ambition , covetousnesse , a mad humour of false greatnesse ; et nullus supra caeteros eminendi modus ; in sua fata pariter , ac publica ; to their own and the publick ruine ; yet still under a pretext of publick good and safety ; as seneca excellently writes in his 94 epistle ( a piece worth the reading ) of alexander the great , caesar , pompey , marius , qui cum omnia concuterent , concutieb antur ; et cum mult is fuerunt mali , pestiferam illam vim , qua plerosque nocuerunt , ipsi quoque sentiunt . and indeed the profession of a souldier even in the best of men and warres , is so full of danger and pollution , that it leaves some scars of sin , and tincture of pollution on them . whence we read , that though david were q a man after gods own heart , and r fought the battels of the lord against his professed enemies by his speciall command , with constant successe ; yet god would by no means permit him to build an house and temple to him , for this very reason , because he had been a man of warre , and made great battels , and shed much bloud upon the earth in his sight ; and the 12000. israelites , who by gods speciall command went up to war against the midianites , and slew them , retu●ning with victory and great spoyle without the losse of one man though treble their numbe● , when as they came backe from the war , were all of them whosoever had killed any person , or touch●d any slain , enjoyned by god and moses , to remain without the camp seven dayes , and to purifie themselves on the third and seventh day , as unclean and polluted persons , numb . 31. 1 , 17 , 19 , 20. and all the officers , and captaines of hundreds and thousands in the host brought an oblation , what every man had gotten of jewels , of gold , chaines , bracelets , rings , ear-rings and tablets , to make an oblation for their souls before the lord , v. 48 , 49 , 50. such a stain and guilt was there adhering to their war-like calling , in this best of wars against gods professed idolatrous enemies . and may not all officers and souldiers then justly fear and find a deeper guilt of sin and stain of bloud , then was in david or those officers and souldiers adhering to their persons and profession in our unnaturall , uncivill wars , even with , and against their very christian , nearest , dearest brethren , friends , kindred , neighbours of the self-same reformed religion , and thereupon make the like or a far richer oblation then they did , not of their spoyles and gaines by war , as atonement for their souls , in stead of provoking god and encreasing their guilt , by seeking to spoil his faithfull ministers of their long enjoyed maintenance ? in all these 6. particulars wherein the calling of ministers excels in merit that of common souldiers , captaines and officers of war ; both in respect of time , study , costs , labour , diligence , parts , danger , honour , excellency , use , profit , and necessity ; ( to which i might add , that the ministers frequent teares and prayers in times of war , and judgements , are far s more prevalent , beneficiall a●d victorious then the souldiers armes ; besides their constant use and benefit in dayes of peace , when souldiers are needlesse , uselesse : ) i refer it to the unprejudiced judgements and consciences of all rationall christian men and souldiers themselves ; whether our faithfull preaching ministers be not worthy of as large , as liberall , as constant , setled , honourable , and coercive a maintenance from the people , as any souldiers , officers , captaines , collonels , majors or major generals whatsoever , if not a better and larger salary and reward then they enjoy , for the premised reasons ; when as yet some ordinary souldiers and troopers receive as much or more pay by the year , as many of our godly ministers ; and every ancient , serjeant , lieutenant , as much as the most and best beneficed ministers ; and most captaines , collonels and majors five or six times more then our ablest , best deserving ministers ; and some generall officers have received , gained more in few months or years at least , then hundreds of our meritorious ministers put together can gain in all their lives by their ministry ? how then can they tax them as covetous , oppressive , caterpillers of the people by their ti●hes and duties , for receiving only 30. 40. 50. 80. 100. 200. or 300. l. a year ( and very few of them more or so much ) from the people , by an ancient right paid once a year , when as they receive ten times more from the impoverished people , and at least the tenth part or more of all our poor ministers livings by mon●hly enforced contributions , and y●t will neither give them the tenthes of their pay and spoyles of war ( as abr●ham and others did gen. 14. 10. heb. 7. 4 , 6. 1 chron. 26. 26 , 27 , 28. ) nor ( many of them ) pay their own tithes , and endevour to hinder others , though willing , from paying them any tithes or dues , to which they have a juster right then they have to their pay and enforced contributions , against all t aneient lawes and statutes as now imposed and levied , esp●cially on the clergy , who were never taxed or charged either by u lords or commons in former ages , but only by themselves , by their o●n free grant● ▪ in parliament and convocation by speciall acts , as our records and printed seatutes manifest . or with what face , reason or con●cience they can seek to deprive them of all their tith●s , glebes and other legal setled coercive stipends , amounting to so small a value , as now they do ; when as themselves receive far more setled constant pay , levyed with the greatest rigour and extremity on the exhausted peoples every month or quarter ; and some of them have many military , besides civill gainfull offices and imployments , and that in severall kingdomes , amounting to thousands , and tenne thousands by the year , when few ministers now enjoy one or two hundred pounds a year de claro , and most not sixty , all taxes deducted ; and must hardly be suffered to hold two adjoyning petty benefices , to make up 80. or 100. l. a year , without much clamour , censure and danger of deprivation : when as they can hold so many gainful , incompetent pluralities in these necessitous times ; and when as popish , pagan , mahomitan and aegyptian priests enjoy far more then our best deserving clergy at this day , without their officers , souldiers , clamours or opposition . having thus made good the proposition by these scriptures and reasons , to which i could never yet hear the least colourable answer given ; i now proceed to answer such objections , as have been , or may be made against it . object . 1 the first objection is from mat. 10. 8. where when christ sent out his 12 apostles to preach , he saith unto them , heal the sicke , cleanse the lepers , raise the dead , cast out devils ; freely ye have received , freely give . whence some inferre , that ministers and apostles of christ , are here enjoyned by him , to preach the gospell freely , without receiving any wages , reward or recompence for it , because they freely received their power and commission to preach the gospell , without giving money or price for it . to which i answer , answ . 1. that this clause of , freely ye have received , freely give ; it relates not to their preaching of the gospell , but is annexed only to the precedent words ; heal the sicke , cleanse the lepers , raise the dead , cast out devils ; which they are commanded to do freely without any wages , hire or reward ; having freely received this miraculous power of healing the sicke , &c. from christ , who did it freely ; and that to gain credit to the truth of the gospell , which was confirmed , credited , propagated by these free miraculous workes . marke 16. 17 , 18 , 20. act. 31. 1 , to 12. & 9. 38. to 43. & 5. 14 , 15 , 16 , 17 , 18. & 13. 11 , 12. which power of working miracles when simon magus would have bought for money of peter ; he said unto him , thy money perish with thee , because thou hast thought , that the gift of god may be purchased with money . thou ●ast neither part nor lot in this matter , for thy heart is not right in the sight of god : repent therefore of this thy wickednesse , &c. act. 8. 18 , to 25. 2. he is so far from enjoyning them to preach the gospell freely without recompence , that he allowes them to take a recompence for it , closing it up with a contrary clause , for the labourer is worthy of his m●at and hire , v. 10. and recited luke 10. 8. where the objected words are omitted , as likewise marke 3. 3. our new mechanick predicants to separate conventicles , who urge this text against ministers maintenance , should , receive no money , gift or recompence for their prating from their disciples , no more then our ministers ; who yet gain far more from deluded blind followers of the blind , then many of our ministers get by their ministry ; and more then ever they ●arned by their trades before , which makes them wholly to desert them and turne tub-preachers . 4. this sentence can no wayes be truely applyed now to ministers ; for though they receive their ministry and orders freely without purchase ( which some bought for money heretofore ) yet their preparation for the ministry costs them many years study and pains , them , their friends and parents many a pound , as i sormerly proved ; whereas the apostles received the miraculous gift of healing &c. immediately by divine inspiration , without study or cost . 5. if those who receive any office , commission , or place freely ; must discharge it freely without any reward , pay , as some army officers and souldiers hence conclude against our ministers ; then all our souldiers , and other military officers by sea and land , must henceforth at least ( and should have done heretofore ) serve their country freely without receiving any pay , reward , or contributions from the people ; since i conceive few or none of them ever bought their offices , places , commissions , or paid any money for their listing ; yea then all other publike officers ( reall or pretended ) must serve their country gratis , unlesse they purchased their offices from those in late or present power ; and then they are ipso facto void by the statute of 5 e. 6. c. 16. against buying or selling of offices . now upon this condition , that all soul di●s military and civill officers will henceforth serve their country freely without pay or recompence , for the oppress●d peoples future freedome from long unsupportable monthly taxes , impositions , excises ; i dare presume all or most of our ministers will be content to preach the gospell freely to the people likewise , without tithes or other dues , for so long a time , as the souldiers and officers shall freely serve our nation ; and i suppose all ministers in scotland and ireland will do the like ; if the officers and souldiers there will first really begin the precedent . which if they here and there refuse , they must give ministers leave to enjoy their ancient tithes , dues , stipends for preaching the gospell , so long as they demand their former pay and salaries ; and renounce the objected text , as fatall to their own wages , as the ministers , unlesse they dearly bought their offices and commands , and did not freely receive them ; which if true ( as i presume it false ) very few of them would publickly acknowleuge . object . 2 the second objection ( most urged to me by some pendennis souldiers , whiles there a prisoner under their gards ) is the example of the apostle paul , who staying and preaching at corinth a year and six monthes , because he would not be burdensome , but preach the gospell freely to them without charge or reward ; wrought with his own hands , and got his living by making tents ; as is recorded , act. 18. 1 , 2 , 3 , &c. & 20. 34. 1 cor. 4. 12. & 9. 12 , 15 , 16 , 17 , 18 , 19. 2 cor. 11. 8 , 9. & 12. 13 , 16 , 17 , 18. the like he did among the thessalonians , labouring night and day , because he would not be chargeable to any of them , when he preached unto them the gospell of god , 1 thess . 2. 8 , 9. 2 thess . 3. 8. from whence they conclude , that all other ministers ought to preach the gospell freely , and to labour with their hands day and night in some other calling to supply their necessities and maintain themselves and ●amilies , that they may not be chargeable to the people . answ . to which grand argument ( requiring the first reply ) i answer , that this generall inference from p●●●s particular practise in these two churches , is very same and unsound ; for , 1. paul expresly resolves , that all apostles and minister● of the gospell have a just right and power to receive a competent maintenance as wages from the people , and most strongly proves it to be an ordinance of christ himself , in some of the objected texts , as i have at large demonstrated ▪ 2. he likewise declares ( with a salvo jure , ●s lawyers speak ) that himselfe had such a just right and power to receive wages and maintenance from the very corinthians and thessalonians themselves , as well as others , though he made no use of his power : witnesse , 1 cor. 9. 4 , 11 , 12. where thus he expostulates , have we not power to eat and to drinke , and to reap your carnall things , for so●●ing u●t● you spirituall things ? if others be part●kers of this power over you , are not we rather ? neve●thelesse we have not used this power . and 2 thess . 3. 8 , 9. neither did we eat any mans bread for nought , but wrought with labour and travell night and day , that we might not be chargeable to any of you ; not becavse we have not power , but make our selves an example for you to follow us , &c. we have much talke and crying up of late , have we not power , power , and present power , in most grandees mouthes and publick papers ( especially souldiers who carry it by their sides ) in st●ad of old language , law , liberty , right , freedome ▪ the things they say they fought for on the peoples behalf , who pay them ; which words and things , have we not , the greater cry of power , &c. hath made us not to have and quite swallowed up . i wish all such who presse these texts against ministers tithes , and most use these words have we not p●wer , ( if derived from god , or the apostle who thrice mentions it in these texts ) would only use and speake it in the apostles sense and language , ( if not assuming , usurping , but utterly disclaiming the reall practise and abuses of it in his self-denying words ( worthy to be written in capitalls that all persons of , or in power may now read and practise it ) never thelesse we have not used this power , but wrought with labour and travell night and day , that we might not be chargeable to any of you , to make our selves an ensample for you ( ministers ) to follow us : then we should be no longer over-charged with endlesse taxes , excises , &c. by , for , or from any who have power , nor grieved with any fresh changes of lawes , church , government or ministers setled maintenance , but be a free state and nation indeed , as some have long promised to make us , but still the quite contrary way in direct opposition to the apostles , neverthelesse we have used and will still use this power , that we might be chargeable ( yea very chargeable ) to every of you : therefore no wonder our ministers ( in their affected sense ) do the like by their example , in exacting of their tithes and dues , till they disclaime the use of their iron power , in imposing , levying new taxes and excises , on ministers as well as people , in strange untroden wayes , to pay their own and souldiers salaries to support their self-●reated power in the highest strain of exercise , which they condemne in ministers in a far more inferior degree ; who questionlesse may lawfully make use of it , as paul himselfe might have justly done , as he resolves , though he suspended its naturall exercise . 3. paul records 4 speciall reasons why he made no use of this his evangelicall power , but laboured with his hands . 1. that he might not hinder the gospell of christ among the corinthians , 1 cor. 9. 12. they being then most of them pagans , the rest but newly converted to the gospell by his preaching , and all of them very worldly and ●ovetous , as he insinuates , 1 cor. 4. 12 , 13 , 14. & 7. 30. 31 , 32. & 11. 7 , 8 , 9. & 12. 10 , to 21. 2. that he might not seem to abuse his power in the gospell in the opinion of these covetous worldlings , 1 cor. 9. 18. 3. that he might adde to his glory , in undergoing necessities for christ , wherein he gloried ; and adde to his future reward , 1 cor. 9. 15 , to 27. & 12. 10 , to 13. 4. and principally , to cut off occasion of slander and reproach from some false apostles , and deceitfull workers and ministers of satan , transforming themselves into angels of light , ( who sought occasion to slander him ) counting his preaching very contemptible , him to be none of christs , and a very reprobate , 2 cor. 10. 7 , 10 , 12. & 13. 6 , 7. ( as some now esteem our ministers ) seeking a proofe of christ speaking to him , c. 13. 3. ( as they do in our ministers ) glorying ( as some of the same tribe do now ) that they preached the gospell freely , and wrought with their own hands ; whereupon he addeth , that wherein they gloryed , they might be found even as he , 2 cor. 11. 12 , 13 , 14. which false apostles and dissembling hypocrites for all their brags , did yet enslave , take of them , fleece and abuse them , more then any faithfull ministers , and yet they patiently endured it ; as he there thus insinuates , v. 20. for ye svffer if a man bring yov into bondage , if a man devovr yov , if a man take of yov , if a man exalt himselfe , if a man smite yov on the face ▪ taxing their wisdom : for ●his asinine sottish stupidity ; when as neither paul himselfe , nor titus , nor any other of those ministers he sent unto them , did either burden , or catch them with guile , or make a gain of them , as these false apostles , domineering hypocrites , and ministers of satan did ; 2 cor. 12. 16 , 17 , 18. these were the reasons expressed by him , why he took no wages of the corinthians , and supported himselfe with his own labor . but this is not our ministers case , after our so long enjoyment of the gospell , and their enjoying of a setled maintenance by tithes and glebes x about 800. years space , so long since setled on them by our devout saxon kings , and continued ever since . when our ministers have the self-same reasons as paul had , to move them to pursue his objected practise ; i doubt not but they will chearfully imitate it , for the advancement of the gospell , and winning souls to christ . the reason why he exercised not this power among the thessalonians , labouring amongst them night and day to support himselfe , was much different from the former ; thus recorded by him ▪ 2 t●●ss . 3. 7 , to 15. when he was among them he heard , that there were some who walked disorderly , working not a● all , bvt were bvsy bodies ( just such as o●●●●ew preaching weavers , ginger-bread-makers , smi●h● , souldiers , and other mechanickes are , who give over thei● trades and working , to busie themselves only in gathering new conventicles , new moulding our church , state , and preaching openly and in corners every wh●re to carry on their own worldly designes : ) whereupon he then commanded them that if any ( such busie-bodies ) would not worke ( but forsake his calling ) neither should he eat : ( a very good gospell-law , if duly executed , to quell all such busie-bodies ) and upon this occasion , not because he had not power , but to make himselfe an example for them to follow , ( and encourage these busie-bodies , with all other loyterers to labour ) he refused to eat any mans bread freely , but wrought with labour and travell night and day , that he might not be chargeable to any of them . and b●cause this his example did not reforme whiles he was present , but some such idle bodies still continued their practise notwithstanding ; he gives them this new precept in and by this epistle , vers . 14. now them that are such we command , and exhort by our lord jesus christ ( and o that our prating busie-bodies who step out of their own callings into other mens and ministers too , would hearken and obey him ! ) that they with quietnesse worke , ( or , do their own worke , as some translators render it , not other mens ) and eat their own bread : ( not live upon other mens trenchers , sweat or labours , as thousands do now ) and , if any obey not our word , signifie ( or note ) that by an epistle , and have no company with him ( then he will be a separatist in good earnest ) that he may be ashamed ; yet count him not as an enemy , but admonish him as a brother . if our ministers working with their own hands at our preaching m●chanicks trades , would reduce them to follow their trades , and give over busying themselves in ministers and other mens publick callings and state-affaires , i presume many of them would fall a working for a time for such a good end : but ●ince p●uls own example in this kind did not reclaime such busie-bodies then ; whereupon he prescribed another more effectuall remedie , if duely put in execution by ecclesiasticall and civill magistrates : our ministers ( who have lesser hopes to reclaim them now by such a practise , which would give scandall unto many , and make them neglect their proper function ) have neither reason , nor precept to follow this his singular voluntary precedent upon this ground of his , which is no way●s binding to them . 4. though paul himselfe then laboured among the corinthians and took no wages from them ; yet he received wages from other churches at the same time , to supply their lacke of service unto him ; 2 cor. 11. 8 , 9. which by way of sarcasme ( to upbraide their covetousnesse , tenacity and ingratitude towards him ) he calls , robbing of other churches ; because it was to doe them service , not those churches : not that it was robbery indeed ( as some ignorant asses judge it who understand not rhetorick and eloquence ) for in the next verse he styles it , a supply ; and phil. 4. 10 , 15 , 18. a communicating to his nec●sities ; a well-doing , a fruite abounding to their account , as well as to his rejoycing , an odour of a sweet smell , a sacrifice acceptable and well-pleasing unto god ; and wages in the self-same text ; therefore no unlawfull robbery . 5. though the niggardly co●inthians saved their purses by pauls labour and free preaching , yet they gained no honour , but disgrace and sharp censures from him for it : witnesse 1 cor. 4. 11 , 12 , 14. even unto this present houre we both hunger and thirst , and are naked , and are buffeted , and have no certain dwelling place ; and labour working with our own hands , &c. i write not these things to shame you , but as my beloved sonnes i admonish you : ( of their harsh , ingrate , despitefull carriage towards me , which makes my condition so uncomfortable : ) which he thus seconds , 2 cor. 11. 7 , 8. have i committed an offence in a●asing myselfe , that you might be exalted , because i have preached the gospell of god freely ? i robbed other churches , taking wage● of them to do you service . and ch . 12. 12 , 13 , 14 , 15. t●uly the signes of an apostle were wrought among you in all patience , in signes and wonders , and mighty deeds ; for what was it wherein ye were inferior to other chvrches , except it be , that i my self was not burdensome to you ? forgive me this wrong : behold , the third time i am ready to come to you , and i will not be burdensome to you , for i seek not yours but you , &c. and i will very g●adly spend and be spent for you , though the more aboundantly i love you , the lesse i be loved . whence all may learn , that it is a great disparagement , stain and certain signe of want of love both to the ministers and ministry of the gospell , for any church or people to suffer or enforce their minister to hunger , thirst , be naked , and to have no certain dwelling place , and to labour working with his own hands , that he may preach the gospell freely to them : and such kinde of ungratefull , ungodly people , who cause ministers thus to spend and be spent for them , will be so far from loving or respecting them for it , that the more they love them in this kinde , the lesse they will probably love them again , as the corinthians did paul : who traduced and slandered him , as no true apostle , a weake contemptible preacher , and a very reprobate , in stead of commending him for his extraordinary paines and cost , in preaching freely to them , 2 cor. 10. 10. & 12. 11 , 12. & 13. 6 , 7 , 9. who then would hearken to , or gratifie such perverse beasts , and unthankfull hypo●rites , though appearing in the shapes of saints , and notion of the godly party , ( or rather un●odly faction ) against our ministers and their maintenance ? 6 though paul thus laboured night and day with his own hands to maintain himself and preach the gospell freely , yet it followes not hence , that all other ministers now should do it . 1. because he being an inspired apostle and able to preach by immediate inspiration and revelation from god without study or premeditation ( as is probable ) his labour in this kinde , was no hindrance to his diligent , constant , powerfull preaching . but no ministers now ( being thus immediately inspired ) must study and meditate day and night for what they preach , and examine their doctrines seriously by gods word before they vent them : whence paul enjoynes even timothy himself , 2 tim. 3. 13 , 15 , 16. to give attendance to reading , to exhortation to doctrine , to meditate upon these things , and give himselve wholy to them , that his profi●ing might appeare to all men : and to take heed unto his doctrine : which he could not do , if he should labour night and day with his hands as paul did , to support himselfe and preach gratis : wheresore he tels him , 2 tim. 2. 4. that no man that warreth ( a spiritual warfare as he and other ministers do ) intangleth himself with the affaires of this life ; that he may please or serve him who hath chosen him to be a souldier . a direct inhibition to ministers to follow pauls precedent ; who cannot serve and please god in their ministry , if they labour day and night in mechanick trades for their living . and upon this ground ( which is very observable ) the very apostles themselves , act. 6. 3 , 4 , 5 , 6. calling the multitude to them , said , it is no [ reason ( pray marke it ) that we should leave the word of god and serve tables ( much lesse worke day and night at a mechanick trade : ) wherefore br●thren looke ye out seven men of honest report full of the holy ghost and wisdome , whom ye may appoint over this businesse : bvt we will give ovr selves continvally to prayer , and to the ministry of the word : and the sa●ing pleased the whole mvltitvde . from which texts it is clear , 1. that the apostles themselves resolve , that they could not exercise the very antient office of a deacon in serving tables , and attending on widowes and other poor , aged , impotent saints , without neglecting , or giving over preaching of the word : much lesse then can ministers labour day and night with their hands at some trade , to maintaine themselves and families , without neglecting and desisting the ministry . 2. that the apostles and ministers ought to give themselves wholly and continually to prayer , preaching , meditation , reading , and their ministeriall duties , and must not therefore attempt or intermeddle with secular imployments and callings . 3. that the apostles themselves have punctually resolved , and all the primitive christians unanimously assented to it ; that it is not reason , that they should leave preaching the word of god , so much as to wait upon widowes and poor people at their tables : whereupon they elected seaven deacons to discharge that office . therefore it is far lesse reason , and they are most wicked and unreasonable men without faith or charity , from which god deliver us , and all his ministers , 2 thess . 3. 2. who urge it ) to enforce all our ministers to neglect and forsake their ministry , preachings , studies now , to follow handicraft trades to get their livelihood , that so they might preach freely to the people without any recompence . 2. all godly ministers and people in all ages , and the very objectors themselves of late years have extremely condemned , censured our bishops and prelaticall clergy , together with popes , popish prelates and clergy men for intermedling with , and executing civill offices , imployments and worldly affaires , which necessitated them to neglect the preaching of the gospell , and their ministeriall duties ; whereupon not only many ancient and late councels , synods , but acts of parliament , have specially prohibited them , to be privy counsellers of state , judges , justices of the peace , lord chancellers , treasurers , keepers of the privy seal , stewards of courts , commissioners ; and our very last parliament by severall late acts disabled all bishops from sitting as peers in parliament , and them with all other clergy men , to execute any temporall office , as y incompatible with their spirituall function and an impediment to their ministry : according to the old proverbiall verse , pluribus intentus minor est adsingula sensus . which i have proved at large by testimonies in all ages , in my breviate of the prelates intolerable vsurpation ; printed anno. 1637. my vnbishoping of timothy and titus ; and antipathy of the english prelacy to monarchy and vnity , anno 1641. therefore to force our ministers to become mechanickes , and give themselves wholly to wordly callings or imployments incompatible with their professions , must needs be an irrationall , unchristian project , unworthy the profession or professors of the gospell , not justifiable from pauls example in them that would enforce it . 3. if this precedent of paul be a sufficient argument to prove , that our ministers ought to worke for their living , and to preach the gospell freely without any reward or coercive maintenance ; i shall then by the selfe same reason prove , that all officers and souldiers of the army who make this objection , and all our publick civill officers approving it , ought likewise to fight and discharge their offices without pay or salary , and to worke with their own hands to get their livings , without oppressing the people with any contributions of excises to maintaine them . 1. because ministers are both of one profession in severall senses , to wit , souldiers , 2. tim. 2. 3 , 4. as i have formerly proved : therefore to fare both alike in respect of pay or hire . 2. because god records in scripture , ezech. 29. 18. that nebuchadnezzar king of babylon ( even by gods appointment ) caused his army to serve a great service against tyrus ; every head was made bald , and every shoulder was peeled . yet had he no wages , nor his army for tyrvs , for the service that he served against it . if nebuchadnezzar and his army served god freely against tyre . without wages many years ; should not our present army and officers much more serve god and their country freely without wages ? true it is , god gave them ( after their service fully ended ) not any taxes or contributions from their own country-men or nation , but the land and spoyle of egy●● for their wages , because they ●rought for him , verses 19 , 20. and if our officers and souldiers will have such wages , it must only be the lands and spoyles of forain egyptian enemies , not our churches , or crowne land or revenue ( formerly easing the peoples taxes , and defraying all garrisons , and ordinary publick expences ) which they now claime and enjoy for arrears of pay . 3. nehemiah , both a godly souldier , generall and governour of his people records this for his own honour , and others imitation . neh. 5. 14 , 15 , 16 , 17 , 17 , 18 , 19. moreover from the time that i was appointed to be their governour in the land of judah from the 20. even to the 32. year of ataxerxes the king ; even twelve years , i and my brethren have not eaten the bread of the governor . but the former governours that had been before me were chargeable and had taken of them bread and wine , besides forty shekels of silver ; yea even their servants bare rule over the people ; bvt so did not i ( marke the reason ) becavse of the fear of god. yea , also i continued in the worke of this wall , neither bovght we any land ( as many officers and souldiers do now ) and all my servants were gathered thither unto the worke . moreover there were at my table an 150 of the jewes and rulers , besides those that came unto us from among the beathen that were about us . now that which was prepared for me dayly was one oxe , and six choyce sheep ; also fowles were prepared for me , and once in ten dayes store of all sorts of wine ; yet for all this required not i the bread ( that is , the allowance , salary and revenue ) of the governor ( observe the ground ) becavse the bondage was heavy on this people ( and hath it not for 12. years space , or more , and still is as heavy or heavier upon us ? ) thinke upon me my god for good according to all i have done for this people . here was a worthy governour , generall , magistrate and souldier , really fearing god , and tendering the ease , liberty and welfare of the people , in good earnest , who with all his officers and souldiers for 12. years space together , though he and they laboured constantly in building the wall of jerusalem , and he was at so great expence each day for his own table , as governour , yet took no free-quarter , bread , wine , money , wages or salary from the people , as other governours and officers before them had done ; and that because of the fear of god , because the bondage was great upon the people ; expecting only a reward from god. i may safer argue from this scripture precedent ; ergo , all our governours , generals , officers , souldiers fearing god , during all our 12. years wars , and as long as they and our bondage shall yet continue ; are bound to serve their country freely without taking free-quarter , corne , wine , money , wages , contributions or excises from the people ; and ought not to purchase any lands ; and by consequence are thereupon obliged in conscience to make restitution of all the free-quarter , pay , lands , woods , rents , rewards and publick revenues they have received for their pay , arreares , or rewards of service , expecting their reward only from god hereafter . and so much the rather , because z sir william lewes , mr. denzill holles and col. walter long , 3. of the xi . members falsely impeached by the officers and army : an. 1647. for engrossing much of the publike treasure , and giving no accompt of what they had received ; were so generous and truely noble , as in their accompts ( long before passed and allowed by the commons house ) to demand no pay at all ; the first , as governour of portsmouth ; the other as collonels in the army under the earl of essex ; mr. holles refusing to accept of the thousands voted him out of the kings revenue for recompence of his former wrongfull imprisonment by the king for his countries good service in parliament . whose precedents their accusers ( at least ) are as far bound to imitate in this kinde , as our ministers are st. pauls . upon which confiderations , i now refer the verity and solidity of this argument from pauls example to the judgements , consciences of all officers , souldiers and others formerly triumphing in it , who upon second thoughts must needs disclaime their own pay , and salaries for the future , or else renounce this grand objection as ridiculous and irrationall . object . 3 the third objection is from the 3 epistle of john vers . 5 , 6 , 7. where john writes to gajus ; beloved thou dost faithfully whatsoever thou dost , both to the brethren and to strangers : which have born witnesse of thy charity ( or liberality ) before the church , whom if thou bring on forward on their journey thov shalt do well , because that for his name sake they went forth , taking nothing of the gentiles . whence some may inferre ( though i heare not this text urged by any ) that ministers ought now to preach the gospell freely to the people , and to take nothing of them ; because john nentions some such that in his time preached to the gentiles taking nothing of them . to which i answer , answ . 1. that this text questionlesse was meant of paul ( the apostle of the gentiles , and his companions timothy and titus , who took nothing of the corinthians , 2 cor. 12. 14 , 15 , 16 , 17 , 18. ) seeing gajus was not st. pauls companion sometimes , being converted and baptized by him , act. 19. 29. & 20. 4. 1 cor. 1. 14. but expresly styled by him , rom. 16. 23. gajus mine host and of all the chvrches ; living then at corinth , where paul preached freely ; to whose precedent i have given a sull satisfactory answer already . 2. it is evident , that this gajus ( for some time at least ) lodged paul and other brethren ; and was not only faithfull , but charitable and liberall towards them , though the other corinthians were not . 3. st. john addes , vers . 8. we therefore ovght to receive svch , that we might be fellow helpers to the trvth ; wherein he concludes it to be a duty incumbent upon all christians , to receive , encourage , accompany and be charitable and liberall to the apostles and ministers of the gospell , thereby to be fellow-helpers to the truth , which otherwise they shall much hinder . so as this scripture fully warrants my proposition , not oppugnes it . object . 4 the fourth objection , is the opinion of our famous english apostle , john wickliffe , who held tithes , and ministers maintenance to be meer almes , whose opinion is largely defended by eminent john hus , in mr. fox his acts and monuments ; edit . 100. vol. 1. fol. 602 , to 605. therefore not due to ministers , but detainable , or payable only at the meer wils of the people , as meer almes to beggers are , which are arbitrary . whereto i answer , answ . 1. that tithes and ministers maintenance , are not pure almes , nor so styled , by wickliffe , hus , or augustine , or chrysastome ( whom hus citeth ) as if ministers had no right unto them for their paines , as a just debt , hire or wages ; or , as if men might detain them at their pleasure ; since we are expresly not only exhorted , but commanded both in the law and gospell , to give almes to those that want them , and that as debters to them so far as our abilities and their necessities require , rom. 12. 10 , 13 , 20. & 15. 27. 1 cor. 16. 1 , 2. 2 cor. 8. & 9. throughout . heb. 13. 16. 1 tim. 6. 17 , 18 , 19. ephes . 4. 28. luke 18. 22 , 23. & 19. 8. gal. 2. 10. compared with deut. 15. 4 , to 12. exod. 23. 11. levit. 19. deut. 24. 19. prov. 19. 19. & 22. 9. & 28. 27. & 31. 20. eccles . 11. 1. dan. 4. 27. yea the lawes and statutes of our land , expresly enforce and compell men to contribute to the poor as they shall be assessed ; as well as to pay tithes or taxes ; as you may read in rastals abridgement , and daltons justice of peace ; title poor . but they are styled poore almes in three other respects . 1. because , they were originally given by people to the ministers that mere needy , out of charity and compassion for gods sake , as well as for their work sake . 2. because ministers after their own wants supplyed , did use to distribute part of them to the poor and needy , as almes , and are obliged still to do it . 3. because they are poor almes in respect of god , as all other goods of fortune are ; which we both begge and receive from god ; and in this respect they write , evrry man as well kings as emperours , as ministers and priests , are beggers of god. 2. as they styled tithes almes in these respects , so they likewise granted almes to poore people , and tithes likewise to be a debt ; for every man duly giving almes , doth as he ought to do ; and so he that giveth tithes . 3. whereas they alledge , that neither doth debt utterly exclude the purity of almes before god : and that it is no. argument , that if the curate do performe his corporall ministry , that he ought therefore to challenge tithes by any civill title : because that as well on the behalfe of him that giveth the tithes , as also in the behalfe of the curate , every such ministry ought freely to be given , and not by any civill exchange . i conceive it both a fallacy and errour in them , being a just debt which may be demanded by a divine and civill right too , when and where setled by a civill law , though freely to be given to the minister , without coertion or suit of law both in point of conscience , and by way of civill exchange too , out of a civill compact or contract . and thus much in confirmation of the first proposition , and refutation of all arguments , i yet know made against it . chap. ii. i now proceed to the proof of the 2. proposition , wherein the hinge and marrow of the controversie concerning tithes is included . that the maintenance of the ministers of the gospell ( and of places and houses for gods publick worship ) by tithes , glebes , oblations ( yea and spoyles won in battle by generals , collonels , captaines and souldiers ) is not only lawfull and expedient , but the most fitting , rati●nall and convenient maintenance of all other , warranted by direct precepts and precedents , both before and under the law , which doth no wayes abolish or condemne , but approve and confirme this way of maintenance . before ever the leviticall or ceremoniall law was instituted ; as the godly patriarchs built al●ars and houses for publick worship unto god , gen. 4. 3 , 4. & 8. 20. & 12. 7 , 8. & 13. 4 , 18. & 22. 9. & 26. 25. & 28. 20 , 21 , 22. & 33. 20. & 35. 1 , 3 , 7. so they likewise gave tithes to the priests of god. the very law of nature , z engraven in their hearts , before any written morall or ceremoniall law , dictating thus much to them , that , as there was a god who created them , in whom they lived , moved , and had their being ; so likewise this god was to be solemnly worshipped by them , as well in publick as private ; by way of homage , gratitude , and bounden duty , psal . 95. 1 , to 8. & 100. 1 , 2 , 3 , 4. isa . 17. 7 , 8. act. 17. 26 , 27 , 28. which worship of his ( expecially when men multiplyed into great and many families , villages , cities , kingdomes , republicks ) could not be decently , orderly and constantly performed in publick , without appointing some certain times and places of worship ; a some certain holy persons and priests to discharge the publick duties and solemnities of their worship ; and some convenient certain portion out of their estates for the maintenance and encouragement of those priests in the execution of their office , on which they were to give attendance . upon which grounds , as the patriarchs before the law from the very creation , ( as b ●any divines infer from gen. 2. 2 , 3. exod. 6. 22 , to 27 & 20. 11. & 31. 17. deut. 5. 14. heb. 4. 4. ) dedicated every seventh day to gods peculiar worship , by his example and prescription ; so they likewise offered a certain portion of the fruits of their ground , fields and flockes to god in sacrifice , as a tribute due to him , by and from whom they received , enjoyed all the rest they had . whence the scripture expresly records of cain and abel ( the two first borne of the world ) gen. 2. 2 , 3 , 4 , 5. that cain being a tiller of the ground , brought of the fruites of the ground an offering to god ; and that abel being a feeder of sheep , he also brought of the firstlings of his flocke , and the fat thereof for an offering unto the lord. and as most conceive their father adam did before them , by whose precept and example they did it : and after them we read , that noah built an altar unto the lord , and tooke of every clean beast , and of every clean fowl , and offered burnt-offerings on the altar , when he went out of the arke , gen. 8. 20. ( which he and his ancesters from the creation in all probality usually practised , though not specially recorded by moses , no more then many other memorable accidents and actions , for brevity sake ) . now these clean beasts and fowles which he sacrificed entring into the arke by sevens : that is , seven of every sort : gen. 7. 2 , 3. he offered one of each kinde at least ( and so one of seven ) unto god , who consecrated and reserved one day of seven from the creation to himselfe . what proportion of their goods , abraham , isaac and jacob offered on their erected altars in sacrifice to god , is not expressed , though probably it was such as god afterwards prescribed the israelites , their posterity , not long after by his written law in moses time , augmented upon any extraordinary emergent occasion , though never diminished from its usuall rate . and for the priests encouragement ( directed by the very dictate of nature and reason in forming them , that every labourer was worthy of some competent hire , as christ resolves mat. 10. 10. luke 10. 17. ) they pitched upon c the tenth of their encrease and gaines of every kinde , as a competent and fitting allowance , guided therein by divine inspiration ( as is most probable , if not infallible ) it being the self-same proportion , god himself afterwards prescribed and ratifyed by his own written law in the old testament , and approved in the new , as i shall manifest by these ensuing scriptures . 1. that tithes were paid and vowed to god by the religious patriarchs before the aaronicall priest-hood instituted , or leviticall law given , is undeniable by two scripture instances : the first of them is thus recorded , gen. 14. 17 , 18 , 19 , 20. that abraham returning victoriously from the slaughter of chederlaomer and the : kings that were with him ; melchisedec king of salem met him , and brought forth bread and wine , and he was the priest of the most high god : and he blessed him and said , blessed be abraham of the most high god , possessor of heaven and earth ; and blessed be the most high god , which hath delivered thy enemies into thy hand . and he gave him tenthes of all. this history is thus recited and amplifyed in the new testament , heb. 6. 20. & 7. 1 , &c. jesus , made an higb priest for ever after the order of melchizedec king of salem , priest of the most high god , who met abraham returning from the slaughter of the kings , and blessed him : to whom abraham gave a tenth part of all ; first being by interpretation . king of righteousnesse , and after that also king of salem , which is king of peace : without father , without mother , without descent , having neither beginning of dayes nor end of life , but made like unto the son of god , abideth a priest continually . now consider how great this man was unto whom even the patriarch abraham gave the tenth of the spoyles . and verily they that are of the sonnes of levi , who receive the office of the priest-hood , have a commandement to take tithes of the people , according to the law , that is , of their brethren , though they come out of the loynes of abraham : but he whose descent is not counted from them received tithes of abraham , and blessed him that had the promises . and without all contradition the lesse is blessed of the letter . and here men that die receive tithes , but there he [ received them ] of whom it is witnessed that he liveth . and as i may so say , levi also who receiveth tithes , paid tithes in abraham . for he was yet in the loynes of his father , when melchisedec met him . if therefore perfection were by the leviticall priest-hood , ( for under it the people received the law ) what further need was there , that another priest-hood should rise after the order of melchisedec , and not be called after the order of aaron ? for the priest-hood being changed , there is of necessity a change also of law &c. i shall draw my observations and arguments concerning tithes from both these scriptures recited , and then answer the maine ( if not sole ) scripture objected against tithes , drawne from the close of the apostles words . 1. it is undeniable from these texts , that abraham the father of the faithfull , is the first person we read of who gave and paid tithes , recorded both in the old testament and new , for his greater honour and the imitation of all the faithfull . 2. that he gave and paid tithes to melchisedec , the first priest of the most high god , mentioned in sacred writ . who this melchisedec should be , there is great controversie among the learned ; some affirming him , to be sem ; others a canaanitish king and priest of that name , and d dr. griffith williams very probably and strongly arguing him , to be christ himselfe , then appearing to abraham in his humane shape . i shall not decide the controversie : certaine it is , he was either christ himselfe , or rather a reall type of christs and his eternall priest-hood ; as the apostle oft resolves . 3. that he was a priest of a far , ancienter , better and more excellent order , then the leviticall priest-hood ; and that this payment of tithes was long before the law given by moses for payment of tithes to the leviticall priests ; and before their order instituted . therefoore tithes ar● not meerly nor originally in their nature jewish or leviticall , ( as some rashly now averre ) nor eternally abolished as such by christs incarnation , and priest-hood , they being originally paid and given , not the leviticall priests but to m●lchisedec , who was either christ himsel●e , or a type of him and his priest-hood , not of aarons . 4. that this melchisedec , as he had neither beginning of dayes , so he had no end of life , but was made like the son of god , and abideth a priest continually ( in e respect of the truth he typifyed ) as christ himselfe doth , of whom he was a type , who hath an endlesse life ; and because he continueth ever , hath an unchangeable priest-hood ; and is by the very oath of god , made a priest for ever after the order of melchisedec , heb. 6. 20. & 7. 3 , 8 , 13 , 15 , 16 , 17 , 21 , 24 , 25. psal . 110. 4. therefore tithes being first paid to such an everliving , everlasting , unchangeable priest and priest-hood , for the execution thereof ; may and ought to continue and abide for ever , as long as the priest and priest-hood do : and if so , then tithes are still due and payabie to the ministers of christ under the gospell by all the f spirituall seed of faithfull abraham , as well as he and his sonnes after the flesh to the leviticall or aaronicall priest-hood whiles in being ) and that in the right of christ , they being ambassadors representing his person , beseeching men in christs stead to be reconciled to god , 2 cor. 5. 20. 21. forgiving men in the person of christ , 2 cor. 2. 10. and in whose persons christ himselfe still speaks unto men , 2 cor. 13. 3. whence christ himselfe averres , verily , verily i say unto you , he that receiveth whosoever i send , receiveth me ; and he that receiveth me , receiveth him that sent me : he that heareth you , heareth me ; ●and he that despiseth you , despiseth me ; and he that despiseth me , despiseth him that sent me , matth. 10. 40. luke 10. 16. joh. 13. 20. that what ever is given or paid to them for their ministry is given and paid to himselfe , matth. 10. 42. & 25. 35 , to 41. and is a sacrifice aeceptable and well-pleasing unto god , philip. 4. 18. 5. that abraham gave tithes to melchisedec for the execution of his priestly office ; and that not in offring any carnall or leviticall sacrifices to god for him upon an altar , but only for blessing him , and rendring thankes and blessing to the most high god for his victory ; which being one chief part of the ministers of the gospels duty still continuing even to blesse the people , and to praise and blesse god for them , and their successes in spirituall and temporall things , rom. 1. 7 , 8 , 9. & 10. 24. 1 cor. 1. 3 , 4 , 5. & 16. 23. 2. cor. 1. 1 , 2. 3. & 9. 10 , 11. & 13. 14. gal. 1. 2. & 6. 18. ephes . 1 : 1 , 2 , 3 , 16 , 17 , 18. & 3. 14 , to the end . & 6. 23 , 24. phil. 1. 2 , 3 , 4. & 4. 20 , 23. col. 1. 2 , 3 , 9. to 14. & 4. 18. 1 thess . 1. 1 , 2 , 3. & 2. 13. & 5. 23. 28. 2 thess . 1. 2 , 3 , 11 , 12. & 2. 13 , 16 , 17. & 3. 18. 1 tim. 2. 1 , 2. heb. 13. 25. 1 pet. 1. 2 , 3 , 4. & 5. 14. 2 pet. 1. 2. revel . 5. 12 , 13. as likewise to blesse the sacramentall bread and wine for their use , 1 cor. 10. 16. mat. 26. 26. typifyed , as most hold , by the bread and wine melchisedec brought forth to abraham : is a convincing argument to me , that tithes are no way leviticall or jewish in their primitive institution , or intrinsecall nature , but rather evangelicall ; and are as justly due and payable by all beleeving sons and children of faithfull abraham , to the ministers of the gospell for blessing them , and praying , blessing , and praysing god for them , and other ministeriall duties , as they were by abraham to melchisedec , for performing the self-same priestly duties towards him . 6. that the scope of the apostle in the hebrews , being to prove the honour , dignity and excellency of the order of melchisedecs ( and by consequence of our saviours ) priesthood above aarons ; useth this as one demonstration thereof : 1. that he received tithes of the patriarch abraham himselfe , heb. 7. 2 , 4 , to 11. whereas the leviticall priests received tithes only of their brethren , that came out of the loynes of abraham . 2. that even levi himselfe who received tithes of his brethren , paid tithes in abraham , ( being then in his fathers loynes ) to melchisedec , as his superiour , even as the levites under the law paid the tenth of their tithes to the priests , as their superiours , numb . 18. 26 , 27 , 28. and this payment of tithes to melchisedec , he recites in the gospell no lesse then five severall times one after another , insisting longer on it then on any other argument , to prove the preeminency of melchisedecs priest-hood above aarons . whence it undeniably followes , 1. that tithes are not originally jewish and leviticall . 2. that the receiving of tithes by faithfull ministers now , is no disparagement , but an honour to their ministry and function , as well as to melchisedecs heretofore . 3. that ministers receiving tithes now , doth no more prove their ministry to be judaicall or leviticall , then it did melchisedecs priest-hood , put in contradistinction to it , and exalted above it by the apostle , even by the very receiving of tithes from abraham . therefore those jesuited and anabaptisticall furies against tithes , who raile against our ministers and their ministry as jewish and aaronicall because they receive tithes , and urge this as a disparagement to their persons and ministry , rejecting tith-receiving ministers , as antichristian and unlawfull ; doe herein argue point-blank against the apostle , and thereby conclude melchisedecs ( and by consequence our saviours priest-hood after the order of melchisedec ) to be jewish , antichristian , dishonourable and unlawfull , because melchisedec received tithes , which to do is the highest blasphemy . 7. that the apostle informes us , that god had never but two orders of priests in the world . the first , after the order of melchisedec in abrahams dayes ; discontinued under the law for a time , but revived again in our saviour christ , and continuing now for ever in him , compared here to melchisedec , especially in his nature , the seat of his kingdome , the perpetuity of his life , his sacerdotall blessing and in the right of tithes ( as hemingus on the place observes . ) the second , after the order of levi and aaron , abolished and changed by christ ; and that tithes were paid and belonged of right to both these orders of priests , for the exercise of their function by gods own approbation and appointment ; as a just , fitting , righteous maintenance and reward ; which since they cannot now be paid to christ himselfe in person , being ascended into heaven , and there sitting at gods right hand , a great high priest for ever after the order of melchisedec ; there is great justice and reason , they should be still paid to , and be received by his ministers , whom we have alwayes with us ( as well as the poore ) who are vicegerents and g stewards , with whom he hath promised to be alwayes present to the end of the world , mat. 28. 20. and that as the properest , justest , best and fitting maintenance of all other , appointed , prescribed by god , and paid by abraham and all the faithfull , before , under the law , and is recited , justifyed , allowed , and no wayes condemned or ab●ogated by the apostle and gods spirit under the gospell . and therefore those who inconsiderately revile and declaime against tithes as h heavy yoakes , jewish burdens , an unequall , unrighteous , wrangling , troublesome maintenance , &c. do herein blasphemously traduce and censure the very wisdome , justice , discretion not only of abraham , and all the faithfull servants of god , approving and paying tithes in former ages , but of god himself who prescribed them , and of the apostle pleading for them , as appertaining to both these orders of gods priests for their maintenance . 8. here is one notable observation for all the officers and souldiers of the army seriously to consider ( and o that god would fix it effectually on their spirits ! ) that abraham the father of the faithfull ( as the gospell styles him , rom. 4. 16. ) returning victoriously from the first warres we read of in the world , gave the tenth of the spoyles taken from the enemy in the warres , to melchisedec the first priest of the most high god we finde in the word or world , and an expresse type of christ , our only high priest , if not christ himselfe , as some affirme : to teach all generals , officers , souldiers , who professe themselves the sons or children of abraham after the faith , to do the like : and ( which is very considerable ) though this victorious generall and souldier was urged by the king of sodome , to take all the spoyle and goods he had taken and rescued from the enemy to himselfe , and to give him only the persons rescued ; which he magnanimously refused , saying , i have lift up my hand unto the lord , the most high god , possessor of heaven and earth , that i will not take from a thread even to a shoe-latchet , and that i will not take any thing that was thine , lest thou shouldest say , i have made abraham rich , gen. 14. 21 , 22 , 23. ( and o that all commanders and souldiers now , were as conscionable and just in performing their oathes , covenants and vowes , made with hands lifted up unto the lord , as faithfull abraham was ! ) yet he would not renounce , nor give away gods and the priests portion upon any condition ; but gave the tenth of all the spoyle to them , restoring only the surplusage . and should not our generals , officers and souldiers in these dayes ( who professe and style themselves , the eminentest and most precious saints , and spirituall seed of faithfull abraham ) more really prove themselves such indeed , to god , the world , and their own consciences , by giving the tenth of all their spoyles and gaines of warres to god and his faithfull ministers ( which i never heard one of them yet did ) and making good of their solemne oathes and covenants to god , ( whereof this was one clause i that they shall sincerely , really and constantly endeavour in their severall places and callings , the preservation of the reformed religion , from utter ruine and destruction agai●st all the treacheries and bl●udy plots , cons●iracies , attempts and practises of the enemies thereof ; whereof this in present agitation to deprive our ministers of all tithes and setled maintenance , is one of the principall , which will ruine our ministers , ministry and religion with them ) as faithfull abraham really did ; rather then by endevouring what they can ( as t●o many of them do ) to spoyle them of all their tithes , both prediall , mixt and personall , which they have so long enjoyed , not only by a just , civill right and title , confirmed by prescription , the great charter and all sorts of lawes , statutes and ordinances in ancient and late times , but likewise by a divine warrant , from this precedent of abraham , in stead of giving them the tenth of their spoyles . which practise , if pursued , as it will infallibly demonstrate them to be no reall saints or children of faithfull abraham ( our saviour resolving joh. 8. 39. if ye were abrahams children , ye would do the workes of abraham , in paying tithes as he did ) so it will probably exclude both them , and others guilty of it , out of abrahams bosome , luke 16. 22. who will never own nor receive those as his friends or children into his bosome , who are such virulent enemies to his most commendable practise , of paying tithes , even of the very spoyles he took in warre . with this argument i have so routed some officers and souldiers , that they blushed for shame , had not one word to reply , and gave over further rayling discourses against tithes , as men quite confounded , and i hope it will have the self-same effect in all others , when they have well advised on it . that they may have no evasion from the dint thereof , i shall answer all cavils i know of to elude it . object . 1 the 1. evasion is this , that this precedent of abraham in giving the tenth of the spoyles of warre is singular and voluntary , not obliging other souldiers to doe the like , or to devote any of their spoyles to god and his service . to this i answer , answ . 1. that this practise and precedent of abraham , so transcendently eminent for his faith in the old and new testament , in both which it is recorded ; was undoubtedly written for our imitation and instruction , to do the like , as may be evidenced from joh. 8. 39. 1 cor. 10. 11. rom. 15. 4. 2 thess . 3. 7 , 9. heb. 13. 7. 1 thess . 2. 14. the rather because the apostle heb. 6. 12. commands us , to be followers of those who through faith and patience inherit the promises ; and then presently after instanceth in abraham , and fals upon his practise of paying tithes of the spoyle to melchisedec . therefore all christian generalls , officers , souldiers must follow him in paying tithes of all their spoyles , as well as in faith and patience : his precedent , having been the originall impulsive ground of all tithes vowed or paid to gods priests or ministers ever since , of gods subsequent commands to abrahams posterity , to pay tithes to the priests and levites under the law , as the apostle insinuates heb. 7. 4 , 5 , 6 , 8. compared together ; and of all lawes , or canons since enacted by christian kings and councels for due payment of tithes to ministers of the gospell in christian realmes and republicks . 2. i answer , that this practise of his was frequently pursued by generals , officers and souldiers , in succeeding ages , of which we have very memorable precedents in scripture , wherewith i have shamed and confounded souldiers in discourses with them about tithes . it is specially recorded numb . 31. that when the 12000. officers and souldiers of the israelites under the conduct of phinehas , returned from the slaughter of the midianites with an extraordinary great booty of all sorts ▪ god gave a speciall charge , to levy a tribute unto the lord of the men of warre that went out to battle , and to give it to eleazar the priest for an heave-offering of the lord ( which kinde of offerings was aarons and his sonnes for ever , from the children of israel , as a due almes for their service , exod. 29. 27 , 28. levit. 7. 32 , 33 , 34. numb . 18. 24 , 27 , 29. deut. 12. 11. and is coupled with tithes as being of the same nature in the two last of these scriptures ) which tribute was accordingly levyed : and because the prey was first equally divided between them who tooke the warre upon them , who went out to battle , and between all the congregation , which had the other moity of it ; god out of the souldiers moity ( the prey being very great ) reserved onely one of five hundred out of the captives , beeves , asses and sheep , for the priests , which were but few ; and one of every fifty for the levites , of the peoples moity ; the priests share amounting to 675. sheep , 78. oxen , 64. asses , 32. captives ; and the levites share tenne times so many . after which tribute levyed , the officers which were over thousands of the host , the captaines of thousands and captaines of hundreds brought an oblation to the lord , what every man had gotten of jewels of gold ; chaines and bracelets , rings , ear-rings and tablets to make an aton●ment for their soules before the lord , amounting to sixteen thousand seven hundred and fifty shekel● , ( every k shekel weighing halfe an ounce ) which eleazet the priest took of the captaines of thousands , and of hundreds , and brought it into the tabe●●acle of the congregation ▪ for a memoriall of the children of israel before the lord , numb . 31. 48 , to the end . here were self-denying saint-like officers , colonels and captaines indeed , after all the former deductions and tributes out of their spoyle , to bring to the priest , and offer up to god all their jewels of gold , chaines , bracelets , rings , ear-rings , tablets and richest plunder they had gotten in the warres , for the maintenance of his worship ; when our officers , colonels , captaines , souldiers shall do the like , and pay a tribute of the best of their spoyles to our ministers , as these by gods command did to the priests and levites , not purchasing church-lands and revenues with them , l devoted to the augmentation of our ministers small stipends ; we will cry them up for self-denying saints and souldiers indeed ; and say , they are no self-seekers . if this scripture precedent be not enough , behold a whole cloud of precedents , imitating them and faithfull abraham , recorded and united in one memorable text seldome read or taken notice of , 1 chron. 26. 26 , 27 , 28. which shelomith and his brethren , were over all the treasures of the dedicated things , which david the king , and the chief fathers , the captaines over thousands and hundreds , and the captaines of the host , had dedicated : out of the spoyles won in battles did they dedicate to maintaine the house of the lord ( marke and imitate it o ye army officers , captaines , souldiers ! ) and all that samvel the seer , and savl the sonne of kish , and abner the sonne of ner , and joab , the sonne of zeruiah had dedicated , was under the hand of shelomith and his brethren . here we have examples of all sorts and sizes for our army officers and souldiers imitation . we have david , a victorious warrier , generall , king , and m man of god , after gods owne heart , dedicating the treasures and spoyles he took from his enemies in battles , to the house and service of god , thus more specially recorded for his honour and others practise ; 2 sam. 8. 11 , 12. and tol sent joram his sonne to king david to salute him , and to blese him , because he had fought against hadadezer and smitten him , and brought with him vessels of gold , and vessels of silver , and vessels of brasse , which also king david did dedicate to the lord , with the silver and gold that he had dedicate of all nations which he subdued : of syria , and of moab , and of the children of ammon , and of the philistines , and of amalek , and of the spoyles of hadadezer sonne of rehob king of zobah . recorded againe in 1 chron. 18. 2 , to 12. with this addition . and david took the shields of gold which were on the servants of hadadezer , and brought them to jerusal m. likewise from tibhath and from chun cities of hadadezer brought david very much brasse , wherewith solomon made the brasen-sea , and the pillars of the vessels of brasse . what the value of the spoyles which he dedicated to god and his service amounted to , himselfe records , 1 chron. 22. 14. now behold , in my trouble i have prepared for the house of the lord an hundred thousand talents of gold , and a thousand thousand talents of silver , and of brasse and iron in aboundance without weight : besides what he dedicated out of his owne proper estate , registred in 1 chron. 29. 3 , 4. 2. we have joab n davids captaine generall , the captaines over thousands and hundreds , and the captaines of the army , dedicating out of the spoyles won in ba●tles to the service of the house of the lord : ( ●nd that in a liber●ll proportion ) even five thousand talents of gold , and tenne thousand drams ; and of silver tenne thousand talents , and of brasse 18000. talents , and one hundred thousand talents of iron , besides precious stones , all which they offered willingly with a perfect heart unto the lord , rejoycing with great joy they had done it , 1 chron. 29. 6 , 7 , 8 , 9. when our generals , officers , colonels , captaines and souldiers of the army , shall imitate king david and his generals , colonels , captains , officers , and souldiers in such a liberall contribution of the jewels , gold , silver , brasse , iron and spoyle they have won in battles , at home and from other nations , to repaire or build houses for gods publick worship , and maintaine the ministers of the gospell , in stead of seeking to demolish and spoyle those stately edifices which our pious ancestors have erected for that purpose , and breaking downe the carved worke thereof with axes and hammers ; of which david much complaineth , psal . 74. 3 , 4 , 5 , 6 , 7 , 8 , 9. and in lieu of endevouring to devest our ministers of their remaining lands , tithes , glebes not yet demolished ; all the world will proclaime them , men after gods owne heart , and men of god in truth , like david , and give over censuring them for sacrilegious harpyes , more like to zeba and zalmunna , then him who said , let us take to our selves the houses of god in possession , as david himselfe objects against them , psal . 83. 11 , 12. 3. here is samuel the seer , doing the like , out of his spoyles won in battle : a precedent for all those souldiers who will be sunnes and new-lights to imitate . 4. if the good mens examples be neglected , yet let the precedents of bad men shame and excite others to this duty : here are saul the sonne of kish , much talked of and reviled now by many for a tyrant , the warrelike king given to gods people in anger , and taken from them in wrath , as these object now , hos . 13. 11. ( which i conceive rather meant of jeroboam the idolatrous usurper , who made israel to sinne ; as judicious interpreters prove , by 2 chron. 13. 20. compared with 2 kings 17. 10 , to 24. and the context likewise , which made mention of their idolatry in kissing the calves erected by jeroboam : and speaks only of the kingdome of israel , as divided from that of judah ) yet he as bad as they make him , together with abner o his chief captaine ( none of the best of men , as 2 sam. 3. 7 , 8. discovers ) had so much piety , zeal , and religion in them , as likewise to dedicate part of their richest spoyles of warre to the maintenance of gods house and worship . and will it not be a great dishonour to those generals , officers , colonels and captaines , who pretend themselves the holiest , justest , zealousest saints , not to be as bountifull towards the maintenance of gods house and worship , and of their spoyles , as these they brand for tyrants and ungodly wicked men ? if these precedents be ineffectuall to work upon any covetous or sacrilegious bondmen , let them reflect upon others , who were idolaters , how neare they came , in their way , to imitate abraham , david and these forecited . when nebuchadnezzar king of babylon had taken jerusalem , ransacked and burnt the glorious temple there , towards which david and his captaines contributed so largely out of their spoyles ; he had so much piety and naturall religion in him ; as to dedicate all the vessels of silver and gold , which he tooke out of the house of god , to the honour and service of his idol-gods , and put them in the temple at babylon , not converting them to his private or publick treasury , 2 chron. 36. 7 , 18. 2 king. 24. 13. ezra . 1. 7. which vessels afterwards being brought forth thence and profanely caroused in by belshazzar and his princes , at his great feast , wherein he praysed the gods of gold , and silver , of brasse , of iron , of wood , and of stone ; you may read what fatall judgement presently befell him , to the losse of his life and kingdome , dan. 5. these vessels though a just and lawfull spoyle wonne by warres , cyrus king of persia brought forth out of the house of his gods , where nebuchadnezzar had put them , by the hand of mithredah his treasurer , and numbred them unto sheshbazzar the prince of judah , when he proclaimed liberty , and gave order to the israelites to rebuild the house of the lord god of israel in jerusalem ; and this is the number of them , thirty chargers of gold , a thousand chargers of silver , nine and twenty kniv●s , thirty basons of gold , silver basons of a second sort foure hundred and tenne , and other vessels a thousand : all the vessels of gold and silver were five thovsand and fovre hvndred : all these did sheshbazzar bring with him from babylon to jerusalem for the use and service of god in the temple there : all these did cyrus a heathen king restore by a decree . cyrus a heathen king , restoring them to god and the temple by a decree , when will our army saints depart with so many gold and silver vessels to gods house ? this decree was afterwards confirmed by darius and artaxerxes his successors , ezra 1. 4. & 7 15 , 16 , 17. & 8. 24 , to 31. these and their princes and chief officers also freely offered and dedicated silver and gold besides , amounting to a great value , towards the reedifying of the temple , and maintenance of the worship and priests of god there . moreover , king artaxerxes makes this decree concerning these vessels , the vessels also that are given thee for the service of the house of thy god , those deliver thou before the god of jerusalem ; and whatsoever more shall be needfull for the house of thy god bestow it ovt of the kings treasvre hovse : adding this further decree , to all the treasurers beyond the river ; whatsoever ezra the priest shall require of you , let it be done speedily ; unto an hundred talents of silver , and to an hundred measures of wheat , and to an hundred bottles of wine , and to an hundred bottles of oyle , salt without prescribing measure : whatsoever is commanded by the god of heaven , let it be diligently done for the house of the god of heaven ; for why should there be wrath against the realme of the king and his sonnes ? also we certifie you , that touching any of the priests and levites , singers , porters , nethinims or ministers of this house of god it shall not be lawfvll to impose toll , tribv●e or cvstome vpon them : and whosoever will not do the law of god and the law of the king , let judgement be executed speedily upon him , whether it be unto death , or to banishment , or to confiscation of goods , or to imprisonment ; ezra 7. 11 , to 27. the storie of cyrus and darius , concerning the building of the temple and restitution of these vessels , is very remarkeable , and thus recorded , ezra 6. 3 , to 13. let the house be builded , the place where they offered sacrifices , and let the foundation thereof be s●rongly l●id , the height thereof threescore cubits , and the breadth thereof threescore cubits ; with three rows of great stones , and a row of new timber ; and let the expences be given ovt of the kings hovse . and also , let the golden and silver vessels of the house of god , which n●buchadnezzar tooke forth out of the temple which is at jerusalem , and brought unto babylon , be restored and brovght againe into the temple which is at jerusalem , every one to his place , and place them in the house of god. now therefore tatnai governour beyond the river , shethar-boznai and your companions the a●harsachites which are beyond the river , be ye farre from thence : let the worke of the house of god alone , let the governours and the elders of the jewes , build the house of god in his place . moreover , i make a decree , what ye shall do to the elders of these jewes , for the building of this house of god ; that of the kings goods even of the tribvte beyond the river , forthwith expences be given unto these men , that they be not hindred . and that which they shall have need of both young bullocks , and rams , and lambs , for the burnt offerings of the god of heaven , wheat , salt , wine , oil , according to the appointment of the priests which are at jerusalem , let it be given from day to day withovt fail ; that they may offer sacrifices of sweet savour unto the god of heaven , and pray for the life of the king and his sonnes . also i have made a decree , that whosoever shall alter this word , let timber be pulled down from his house , and being set up , let him be hanged thereon , and let his house be made a dunghill for this . and the god that hath caused his name to dwell there , destroy all kings and people that shall pvt to their hand to alter and destroy this hovse of god , which is at jerusalem : i darius have made a decr●e , let it be done with speed . if these three heathen kings and conquerors were so zealous to restore the vessels of gold and silver , amounting to so great a number and value , to the house of god at jerusalem ; to contribute so literally towards the reedifying of it out of their owne tributes , treasures and revenues wonne by warre and conquest ; to allow them bullocks , rams , lambs , wheat , wine , oile , salt , and all other necessaries for dayly sacrifices ; to furnish the priests and levites with all necessaries ; to exempt them all the officers of the temple from paying any toll , tribute , tax or custome , which it was not lawfull for any officer to lay upon them , under the severest penalties , and to enact such severe lawes , and passe such bitter imprecations against all such as should oppresse or hinder the worke , or seek to destroy or deface the temple of god : oh how should this inflame all generals , officers , souldiers , who professe themselves the choysest christians , and eminentest saints , to imitate and equall them in all these particulars now ? else how will they shame , confound and rise up in judgement against all such of these and all others , who in stead of restoring the gold and silver vessels , lead , iron , timber , stones , they have taken from the temples of god , and repairing those churches they have demolished and defaced , providing necessaries for gods wouship , and exempting his ministers from toll , tribute , taxes , custome , endevour to make a prey and spoyle of all our churches , chappels , church vessels , ornaments , glebes , yet remaining , and oppresse our ministers with endlesse taxes , tributes imposed on them without their consents against all former lawes and precedents to their utter ruine , and in stead of paying them the tenths of their own lands and spoyles of warre , endevour to spoyle them of those tithes which all others pay them . of whom hemingius thus complaines in his commentary on gal. 6. 6. p. 375. quid dic●mus de illis , qui ministros evangelii necessario victu spoliant ? quid de illis qui immoderati● exactionibvs tantum non eos interf●ciunt , ut multi honesti meriti cum suis uxoribus et liberis cogantur quod●mmodo mendicare ? ho●um sane factum nihil differre arbitror a sacrilegio & latrocinio , cujus poenas olim cens●nt architecti et fabri hujus mali . to these scripture precedents of h●ath●n ▪ warriours , i might adde the practise of many idolatrous pagan nations , who out of the very dictate of nature gave the tenth of their warlike spoyles to their idol-gods and priests ; which because mr. selden writes at large in his history of tithes , where all may peruse them , i shall only give you the summe of them in learned grotius his words in his booke de jure belli et pacis , l. 3. c. 4. sect . 1. p. 454. by this law abraham , out of the spoyles which he had taken from the five kings , gave a ten●h to god , as the divine authour to the hebrews , c. 7. 4. explaines the history extant in gen. 14. by which custome the grecians also with the carthaginians and romans deci●am de praeda sacravervnt , consecrated a tenth of the prey to their gods , as to apollo , hercules , iove . and should not christian generalls , officers , captaines and souldiers then much more do it now to god and his ministers from this precedent of father abraham , in stead of robbing them of their tithes ? if any should object that these were old testament , and heathen practises ; let them remember , that abrahams , is more particularly related and frequently mentioned in the new testament then old ; the old relating in generall , that he gave tithes of all ; ( which relates to all his substance , as well as spoyles ) and the new testament applying this generall to the tenth of the spoyles , heb. 7. 4. as mr. selden , grotius and others observe . but to hedge up this starting hole so as none may creep out of it ; we have one memorable precedent in the new testament , coming very neare to this of abraham , luke 7. 2 , to 11. where we read of a certain centurion ( or collonel ) a man of no small authority , who had sovddiers vnder him ; and said unto one one goe , and he geeth ; and to another , come , and he cometh ; and to his servant , do this , and he doth it : this centurions servant , who was dear unto him , being sick and ready to die , when he heard of the fame of jesus , he sent unto him the elders of the jewes , beseeching him that he would come and heal ▪ his servant : and when they came to jesus they besought him instantly , saying , that he was worthy for whom he shovld do this : ( and why so ? ▪ ) for he loveth our nation , and hath bvilt vs a synagogve : whereupon jesus went with them , and healed his servant ; marvelling at the centurions words , and turning about a●d saying unto the people that followed him , i have not found so great faith , no not in israel . this great centurion and commander was no jew , but a gentile , and one who but newly heard of christs name and fame ; yet he had so much piety and bounty , as out of his very spoyles and gains of warre ( for we read of no other lands or gains he had ) to build a synagogue for gods worship ; which the elders of the jews , and christ too , approved as a worthy act , and sufficient inducement for our saviour to goe with him and cure his servant . o that all our centurions who have souldiers under them , and exceed or equall him in command , would imitate and equall this gospell centurion , in his pious munificence , in stead of contriving how to deface temples , churches , synagogues , to abolish tithes , and ingrosse church lands and livings into their own hands , and then should they receive as large encomiums of the reality and transcendency ▪ of their faith , piety , and charity from men , as he did from our saviour , and the elders of the jewes , for building this new synagogue . i shall only adde , for our souldiers and officers better information ; that from the example of abraham , approved in the new testament , both divines , councels , canonists , and casuists , have unanimously resolved , that souldiers ought to pay personall tithes to ministers out of their very militia , pay and spoyles of warre . this was st. * augustines doctrine , de militia , de negotio , de artificio redde decimas : recited , practised , and long since prescribed here in england , in the excerptions of egbert archbishop of yorke a about the year of our lord , 750. recited and confirmed by gratian in his decrees , causa . 16. qu. 1. f. 381 , 382. by all the canonists and glossers on his text : by a●gelus de cl●vasio , in his summa angelica , tit. decima : by hostiensis , summa rosella and other summists and casuists , in their titles of tithes , and ratifyed by the synod of lingore , an ▪ 1404. apud bochillum ecclesiae gallicanae lib. 6. tit. 8. c. 31. p. 967. this many excellent christian commanders , officers , souldiers have in severall ages performed , as histories record . i shall ( for brevity ) instance but in one domestick example , and that a memorable one , king william the first ( whom we usually style the conqueror , though he never claimed the crown by conquest , but b only by the last will , testament and donation of king edward the confessor in his life time with the assent of his nobles ( who was educated with and preserved by him , during his exile and seclusion from the crown by the danish usurpers ) and as cousin and heire to edward the confessor , as he styled himselfe in the very c title of his lawes : he having vanquished and slain the perjured vsurper herold ( who set the crown upon his owne head , and made himselfe king without any title or due election , against his solemne oath to duke william , made to him in normandy , which he pretended to be forced ; ) in d thankfulnesse to god for this his victory whereby he gained possession of the crown ; out of the spoyles and gaines of his warre , erected a magnificent church and abbey , to the glory of god and st. martin ( which he called de bello , or battle abbey ) in that very place where herold was slaine and this battle fought ; which likewise he endowed with large possessions , tithes and most ample priviledges by his charter , and therein offered up to god his sword , and the royall robe which he ware the day of his coronation , there reserved as a monument as well of his piety as victory . after which this pretended conquerer e in the f●urth year of his reigne by the councell of his barons , through all the counties of england caused 12. men of the most noble , wise and skilfullest in the law , to be sunm●ned out of every shire , that he might learn th●ir lawes and customes from them ; and gave them this oath , that proceeding in a right path , without deel●ning to the right hand or the left , to the best of their power , they should make known to him the customes and sanctions of their lawes , pretermitting nothing , adding nothing , and altering n●thing in them by prevarication : which they accordingly performing ; a●d king william intending to alter the law only in one particul●● according to the lawes of norway , from wh●nce he and his n●●●●ans desee●ded ; all the barons and grand english enquest w●o presented him their lawes on oath being much grieved at it , unanimosly besought him , that he would permit them to enjoy their pr●pe● lawes and ancient customes under which their fathers lived , and themselves had been borne and educated , because they deened it very hard for them to receive unknown lawes , and to judge of those things they knew not , importunately beseeching him for the sou● of king edward ( who had granted to him the crowne and kingdome after his death , and whose lawes they were ) that he would not compell them to persevere under the lawes of any forainers , but their owne country lawes alone . wherefore the king taking advise , consented to the request of his barons , confirming all their lawes and customes in parliament without any alteration or diminution , as they presented them . whereof this is the very first law concerning the preservation of the churches rights , and scholars from rapine . f every cleargy-man , and likewise all scholars , and all their goods and possessions , wheresoever they are , shall enjoy the peace of god and of holy church , free from all forfeiture and seisure ; and if any shall lay hands on that which mother church shall require , let him restore that which he shall take away , and likewise one hundred shillings in the name of a sorfeiture , if it be from an abby , or church of religion ; and 20. s. if it be from a mother parish church ; and 10. s. if it be from a chappell . after g which follow 6. other lawes concerning the churches peace and priviledges ; and then these two lawes concerning tithes . of the tithes of the church . of all corne the tenth sheaf is given to god , and therefore to be paid . if any shall have a ●erd of mares , let him pay the tenth colt ; he who shall have onely one or two , let him pay a penny for every colt . likewise he who shall have many kine , let him pay the tenth calfe ; he who shall have but one or two , let him pay a penny for every calfe : and he who shall make cheese , let him give the tenth to god , and if he shall make none , the milke every tenth day : likewise the tenth lambe , the tenth fleece , the tenth butter , the tenth pig. of bees and all lesser tithes . in like manner also of bees , the tenth of the profit , and also of wood , of meadowes , waters and mils , and ponds , and fishings , and copses , and orchards , and gardens , and negociations ( wherein souldiery and all other professions are included ) and all things which the lord shall give the tenth part is to be tendred to him who giveth the nine parts together with the tenth : and he who shall detain it shall be compelled to render it by the justice of the bishop , and of the king if need be : for these things st. augustine hath prea●hed and taught , and these things are granted by the kings and barons and people . but afterward ( let our tith oppugners , and detainers marke who is their originall tutor ) by the instinct of the devill , many have detained tithes ; and rich negligent priests do not care to prosecute them because they had sufficient necessaries for their life ; for in many places now there are three or four churches , where at that time was only one , and so they began to be diminished . this is that william the conquerour , whom our officers , souldiers ( with the levellers and anabaptists ) most virulently reproach and raile against in their discourses , and silly ignorant scurrilous h pamphlets , for an invader , vsurper , robber , tyrant and subverter of our native lawes and liberties , &c. when as he claimed the crowne onely by gift and title , confirmed all our ancient lawes and liberties civill and ecclesiasticall , without any alteration or diminution ; put never a noble man or other person to death who rebelled or tooke up armes against him all his reign , but such who were actually slain in battle ; was the gallantest souldier , and best justiciary of any in his age ( as some i historians then living attest ) and not only much devoted to religion , frequenting the church both morning and evening , but likewise very industrious and bountifull to promote it , honouring and richly endowing the cleargy that lived according to their rule and profession , but being very rough and hard hearted to the licentious and scandalous , degrading his own vnkle malgerius archbishop of rhoan , and many english bishops for their dissolute lives ; founding no lesse then three churches and abbies of chief note ( whereof that of battle was one ) endowing them with large possessions and priviledges ( according to the piety of those times ) out of his conquests , and confirming all the clergies tithes , rights , priviledges by the recited lawes . if those officers and souldiers who now pretend themselves conquerers , and us a conquered ( or cousened ) nation , will really imitate his justice , piety , bounty , in these recited particulars ; no man will thenceforth bestow such reproachfull termes , of invaders , vsurpers , robbers , tyrants , subverters of our lawes , liberties , &c. as they do usually on this first norman king ; but repute them reall saints , and patrons of religion , ministers and the church , yea sonnes of faithfull abraham , who gave the tenth of the spoyles of war to god ; whose example , with all the rest here recited , in justice and conscience rather obligeth them to imitate his and their footsteps ( as the premises evidence ) then to spoyle our ministers and churches of their tithes and materials . and so much in answer of the first evasion , respecting our army officers and souldiers only . object . 1 the second evasion of abrahams precedent , is made by country farmers , tradesmen , and their advocates : who alleage , that abraham gave the tenth only of his spoyles gained in warre to melchisedec , but not of his corn , wine , cattle and other goods ; therefore this example bindes only souldiers to pay personall , but not them or any others to pay any such prediall , mixt or personall tithes , as now they do by coercive lawes and ordinances , against law and gospell . to which i answer , answ . 1. that the expresse words of moses gen. 14. 20. are : and he gave him tithes of all. which being universall , not confined by him to the spoyles taken in war , must be taken and intended in the largest sense , that is , of all his substance , or encrease , as well as of the spoyles then wonne . 2. the apostle reciting the history heb. 7. 2. useth the self-same generall expression : to whom also abraham gave a tenth part of all , without restraining it to the spoyles of warre : which must be intended in the best and liberallest sense , for tithes of all his substance and gaine , being mentioned both to expresse his piety and bounty . true it is , the apostle in the 4. verse useth this expression , v●to whom the patriarch abraham gave the tenth of the spoyles ; which some oppugners of tithes , would have to be the interpretation of the two former universall phrases ; tithes of all : but the spoyles being not abrahams all , nor in truth any part thereof , he refusing so much as to take a thred or shoe-latchet thereof to his own use , gen. 14. 23 , 24. and the word all , being not so much as once used in the latter clause , which recites , he gave the tenth of the ( not all the ) spoyles ; and the two first generall expressions , necessarily including in them the tenth of the spoyles ; i conceive the latter expression is rather a particular specification of one memorable thing he paid tithes of in a new case not formerly happening , even of the spoyles taken in this first battle he ever waged , or any other that we read of ( included in the generall ) rather then a full comprehensive exposition of all that is or was intended , by the tenth , or tithes of all , in the two precedent texts . 3. it is most probable , that abraham paid tithes of all his owne substance to melchisedec , as well as of the spoyles ; there being the self-same if not a stronger ground , for him to pay tithes of all his other goods , as of these casuall spoyles , out of which no constant maintenance could be raised for any pastor or minister , as there might be out of the tithes of his cattle and substance encreasing every year . now tithes being intended for the priests and ministers constant maintenance by god and man , and this precedent of abraham , recorded for that end ; we cannot without an absurdity restraine his paying tithes of all , only to the spoyles then , and then only unexpectedly gained from the enemy by abraham , and offered to the right owners ; but , of the tithes of all his substance principally , whence a constant livelihood for the priest could only arise , and of the spoyles of warre only by reason of his occasionall meeting of abraham here returning from the warres , and blessing him at that time . 4. this president of his , was in all probability the ground of gods appointing tithes , by a speciall law , for all the priests and levites maintenance amongst the israelites , abrahams posterity , and the apostle intimates as much , heb. 7. 4 , 5 , 6 , 7 , 8. &c. that they receive tithes of their brethren in the same manner by the law , as melchisedeck did of their father abraham . now they received tithes of corn , wine , oyle , cattle and all sorts of herbs and fruits , for their standing maintenance and inheritance too ; num. 18. 20. to the end , levit. 27. 30 , 31 , 32 , 33 , 34. deut. 14. 22. 28. therefore it is most probable , if not infallible , that abraham paid tithes of all those things which the levites and priests afterward received from their brethren to melchisedeck ; and not of the spoiles alone , out of which no certain maintenance could be raised , not specified there in these generall precepts concerning tithes . 5. the apostle arguing the natural justice of ministers maintenance , rom. 15. 27. and 1 cor. 9. 11. useth this expression . if we have sowen unto you spirituall things ( in the plurall number ) is it a great matter if we shall reap your carnal things , in the plurall number too ; and such things as seem commonly to grow and multiply ; as the word reap imports . and gal. 6. 6. he useth this general precept . let him that is taught in the word , communicate to him that teacheth in all good things : therefore to restrain abrahams giving tithes of all , onely to the spoiles ; and not to all his carnal and good things , is a very improper exposition , dissonant from the scope and sense of these parallel texts , which seem aptly to interpret it . 6. the very pharisee in the gospel , boasting of his justice and piety , used this expression , parallel with that of abraham , luke 18. 12. i give tithes of all that i possesse ; and to confine abrahams giving tithes of all ; to the tithes onely of the spoiles , and not to extend it , with the pharisee ; to all that he possessed besides ; is to make this father of the faithfull , lesse righteous , and liberall than this hypocriticall pharisie . 7. that which seems to put all out of question , is the parallel text of gen. 28. 20 , 21 , 22. where jacob after his travelling vision , makes this vow to god , even before the levitical law for tithes , if god will be with me , so that i come again to my fathers house in peace ; then shall the lord be my god , and this stone which i have set up for a pillar , shall be gods house : and of all that thou shalt give me , i will surely ( without diminution or substraction ) give the tenth unto thee : when should godly jacob take his pattern of surely giving the tenth of all ( not of spoiles alone ) that god should give him unto god ; but from the practice of his grand-father abraham , who gave melchisedeck the tenth of all god gave him , as well as of the spoiles ; honoring god with all his svbstance and increase : according to that precept of solomon ( having relation to his practise and this vow of jacobs ) prov. 3. 9. honour the lord with thy substance , and with the first fruits of all thy increase . and so much in refutation of this second evasion which some armed men much urge . the third objection , which some would make fatall to all tithes under the gospel , is from the close of the apostles forecited words : heb. 7. 12. for the priesthood being changed , there is also a necessity of a change of the law , &c. from whence william thorpe ( one of our martyes ) thus reasoned against tithes , and others now , k saint paul saith , that tithes were given in the old law to levites and to priests , that came of the linage of levi ; but our priests come not of the linage of levi , but of juda , to which juda no tithes were promised to be given : and therefore paul saith , since the priesthood is changed from the generation of levi to juda , its necessary that changing also be made of the law : so that priests live now without tithes and other dues that they claim , following christ and his apostles in wilfull poverty , as they have given them example . answer . i answer 1. that the apostle in this , and the three following chapters , concludes and proves by sundry arguments , that the leviticall priesthood and the ceremonial law , given the people under moses ( the 1 covenant of this preisthood ) were both changed and abolished by christ , and his everlasting priesthood , shadowed to us by them ; and by consequence the maintenance of the levitical priests by sacrifices offered by them at the altar , and first fruits and tithes themselves , so far as they were ceremonial , prescribed by the ceremonial law , for the maintenance only of these abolished levitical priests and levites ; which is all this scripture proves , when pressed to the uttermost . but can any rational man hence conclude ; the levitical priesthood , the ceremonial law , and all the tithes and maintenance due to the jewish priests and levites by this law are abolished by christ , a priest for ever after the order of melchisedeck , to whom tithes were due and paid by abraham , before this law and priesthood instituted : therefore all tithes and maintenance due and paid to melchisedeck , and in him to christ , and the ministers of the gospel under him , are eternally abolished as jewish and levitical ? surely this is a mad inference , both besides and against this text ; from which all orthodox protestant commentators , as well as papists and jesuites , conclude the quite contrary , and learned nicholas hemingius in his commentary on it , p. 805. thus determines . it is subjoyned , that melchisedeck received tithes from abraham , which tithes abraham verily gave of his own accord , following without doubt the cvstome of conqverors ( let our conquering officers and souldiers observe and do the like ) who were wont to consecrate the tenthes of their spoiles to their gods , or to give them to their priests . but this collation of tithes , nullo meliori jure christo sacerdoti debetur ; is due by much better right to christ our priest ; who as he gives all things to us out of meer bounty ; ita vicissim illi non solum decimas , verum omnia nostra debemus ; so we owe to him again , not only tithes , but likewise all we have . whether the objectors or hemingius speak most gospel divinity and reason from this text , let every christians conscience judge . 2. the apostles words concerning the change and abrogation of the ceremoniall law , hath no reall coherence with or relation to the precedent discourse , concerning payment of tithes to melchisedeck and the levites ; recited onely to prove the dignity and excellency of melchisedechs priesthood above aarons ; and of the leviticall priests and levites above their brethren , from whom they received tithes . the ●orce of the argument , reduced into a logicall form , being thus . he who receives tithes for the execution of his priestly office , is better and greater than he who payes tithes ; but the patriarch abraham himself , the very father of the faithfull , and prince of the fathers , paid tithes to melchisedech ; and likewise the leviticall priests ( then in his loins ) in and by him ; who yet receive tithe of their brethren , but not of their father abraham 〈◊〉 melchisedech : therefore melchisedech is better and greater than their brethren who paid them tithes . and by consequence , christ being a priest for ever after the order of mclchisedech , who was but a type of him , must be better and greater than abraham : ( john 8. 55 , 56. ) or the leviticall priests , or than melchisedech himself , who did but typifie him . this excellency and precedency of christs priesthood before aarons , he proves by other arguments drawn from melchisedech , not pertinent to our present businesse , after which he largely argues the change and abolition of the leviticall law and priesthood by christ , ( a theam of a different nature from the former ) to which the objected words refer ; therefore the totall and finall abolishing of all tithes , to which these words have no relation , can never be inforced from them ; being ratified by the former clause , as appurtenances to christs everlasting priesthood , as well as to melchisedechs ; and therefore as due to his ministers under the gospel , as to any priests and levites under the law , which were likewise types of christ , the true high priest expiring at and by his death . 3. the priests and levites under the law had cities , glebes and houses settled on them for their habitation , and cattle , as well as tithes , by the ceremoniall law , for their better maintenance and accommodation ; and that in a large proportion , levit. 25. 32 , 33 , 34. numb . 35. 1. to 12. josh . 21. 1. to 43. 1 chr. 6. 54. to the end , chap. 9. 10. to 35. 2 chron. 11. 13 , 14. ezra 2. 70. neh. 11. 26. chap. 13 , 10. ezec. 45. 1. to 6. ch . 4 , 8 , 9. to 15. if then this text proves the totall abolition of all our ministers tithes , root and branch , as jewish ▪ and antichristian ; as some impudent scriblers and petitioners against them , now affirm : it likewise proves , the abolition of all their rectories , glebes , houses likewise , as well as of their tithes , as jewish and antichristian : and so ministers of the gospel now shall neither have tithes nor globes to support and feed them or their fami●ies and cattle ; nor yet so much as an house wherein to lodge and put their heads ; and be inforced to complain as our saviour once did of his forlorn condition , matth. 8. 20. and luke 9. 58. the foxes have holes , and the birds of the air have nests , but the son of man hath not where to lay his head . a condition to which some jesuiticall , anabaptisticall and athiesticall , uncharitable beasts of prey , worse than any foxes or harpies , would now gladly reduce all our faithfull ministers and their families , whiles some of them lord it , and lodge themselves in our kings , princes , bishops , deans and chapters new acquired royall palaces ; and not content therewith , would spoil all our ministers of their more contemptible glebes and rectories , to enrich themselves and their posterities , and make our ministers like our saviour in his voluntary poverty . they may with as much justice ( like the hard-hearted bloudy jews and souldiers ) even m crucifie them on crosses , between such thieves as themselves , to make them like our saviour , even in his voluntary sufferings ; as part their gl●bes , lands and rectories among them , and cast lots upon their vestures , even before their death , when as the soldiers who crucified our saviour , did not part his raiment amongst them , nor cast lots on his vesture till after his crucifixion by them , * there being as much authority conscience , law , justice , reasen for the one as other : seeing none by any laws can lose or forfeit their lands and livelyhood , but such who first forfeit their lives to publick justice . 4. the israelites were enjoyned by the leviticall law , deut. 12. 17 , 18 , 19. chap. 14. 26 , 27 , 28 , 29. to harbour and entertain the priests , & levites within their gates , and not to forsake them as long as they should live upon the earth , and freely to permit and invite them to come , and eat , drink , feast , rejoyce , and be satisfied with them and their families before the lord ; as well as to pay them tithes . but this law ( as they argue ) is now abolished by christ with the priesthood ; therefore when our ministers are stript of all their tithes , glebes , rectories , houses , by our new reformadoes ; it must be jewish and antichristian for them or any others so much as to lodge , entertain , or give them any thing to eat or drink within their gate● , or so much as to admit or invite them to a feast , or meat within their houses ; and then they , with all theirs and other poor widows and orphanes , must all presently starve and perish by these mens new gospel light and charity , because hospitality and alms to such are leviticall and jewish , abolished with the leviticall law and priesthood ; which abolished all charity and humanity out of the world , as well as out of these tith-oppugners hearts , if this their objection be orthodox gospel truth . 5. meer freewill offering and voluntary unconstrained contribution were prescribed by the leviticall and judiciall law , both for and towards the maintenance of gods priests , and worship of the buildding , and repairing of the tabernacle and of the temple afterwards , towards which the godly kings , princes , generalls , captains , officer , souldiers , and all the pious people of god contributed most joyfully , liberally , and in such abundance upon all occasions , that they gave far more then was sufficient ; and thereupon prohibited by speciall proclamation to give or bring any more ( as in the case of materialls of all sorts , for the building and furniture of the tabernacle of the congregation ) and of the temple , towards which many heathen kings , and their officers contributed freely , and the very cap●ive jews , exod. 35. 20. to 30. chap. 36. 2. to 9. levit. 22. 18. 21 , 23. chap. 23. 38. num. 15. 3. chap. 29. 39. chap. 31. 48. to the end , 1 chron. 26. 26 , 27 , 28. chap. 22. 1. to 17. chap. 29. 1. to 17. 2 chron. 24. 4. to 15. chap. 27. 3. chap. 29. 3. to 20. 31. chap. 34. 8. to 15. ezra 1. throughout , and chap. 3. 5. chap. 7. 16. chap. 8. 28 , 29. therefore ministers under the gospel must not be maintained , nor churches and houses for publick assemblies built or repaired by free-will offerings , and voluntary contributions , being leviticall , jewish and so abandoned ; and if not by tithes nor forced rates as they alledge , then the ministers must utterly starve , and all our churches fall to sudden ruine , as many now do . and is this gospel saintship and christianity ? 6. the priests and levites by the leviticall lew , were prescribed what wives they should marry and what not . levit. 21. 7. to the 14. will it therefore follow ( as the papists votaries conclude ) therefore ministers of the gospel must not marry , and must all now be divorced from their wives , as well as from their tithes and benefices , because the leviticall law is abolished , and priests wives jewish aswell as their tithes ? our beastly ranters then may seize upon ministers , aswell as the bruitish anabaptists and swordmen on their tithes and glebes . 7. the seventh day sabbath it self , though prescribed by a n morall law was in some sense ceremoniall , and enjoyned by o ceremoniall laws too ; and therefore ( as p most affirme ) abrogated by christs death as jewish , as to the precise seventh day from the creation , and the jewish rigidities and sacrifices on it ; will it therefore follow that it is jewish and unlawfull for christians under the gospel , to observe the lords day every week , and render unto god the same weekly proportion of time for publike worship , as the jewes did , or to keep any publike fasts , or feasts to god at all , as the jews by the leviticall law were bound to doe ? if so , then farewell all lords-dayes , fasts , feasts , publike assemblies for gods worship , ministers , churches , ( god himself together with them ) aswell as tithes , and let gain of money be the onely deities hence forth adored among us , as the motto stamped upon our our new state-coyn , god with us : and most mens practises sadly proclaim to gods dishonour , and religions intolerable defamation . these answers , i presume , will for ever satisfie or silence these objectors , with q john canne , their new champion , who may now discern their grosse mistake , and learne this for a general certain truth : that whatever is not in its own nature and originall , meerly jewish and ceremonial , & hath a kind of naturall justice ▪ equity , conveniency , morality or necessity in it , and had a divine originall or institution before the ceremoniall law given , or the leviticall priesthood instituted ; that thing , though afterwards given , limited or prescribed to the levitical priests or israelites by a generall or speciall levitical law-abrogated by christ , doth neither cease its being , nor become unlawful in its primitive , or proper use unto christian ministers or believers under the gospel , by the abolishing of the leviticall law and priesthood , but may , and must necessarily be continued , practised , and perpetuated among them without the least sin , scandall , or judaisme , according to its owne primitive institution or naturall , necessary , divine , moral or civil use ; else bread , meat , drink , wines , clothes , religious sabbaths , fasts , forts , edifices and assemblies for gods publike worship ▪ houses , hospitality and charity to ministers , or poor distressed saints and people , ( yea , reading , prayer , preaching of the word of god , and magistracy and government it self ) should be utterly unlawfull unto christian ministers and people , aswell as tithes ; because given or prescribed to be used by the leviticall priests & jews , by the leviticall law. and seeing meat , drink , food , raiment , lands , houses and a competent proportion of all worldly necessaries are as simply needfull for the preservation and subsistence of the ministers of the gospel and their families now , as for the priest● and levites before and under the law , or all other sortes of men in the world , who cannot live without them : and tithes , lands , houses , both before and under the law , were originally given to and setled by god and men upon priests and levites first , and ministers since , not as meer types , shadows or ceremonies , but as a just , fitting , convenient recompence of their labour , necessary livelyhood , habitation , refidence for them and their families , and to provide them meat , drink , books , clothes , and other necessaries to live by : why our ministers under the gospel should not still enjoy them in this kind and nature , without the least shadow of judaisme , aswell as melchise dec before the law , or the jewish priests and levites under it , or their predecessors before them , even from the first settlment of the gospel amongst us , or aswell as any other men , or the objectors do their lands , goods , houses , and the other nine parts of their tithes encrease , for their livelihood and subsistence , transcends my capacity to apprehend , and the ability of all armed or unarmed enemies of tithes or glebes to demonstrate from scripture , law , reason , or the objected abused text , over-longinsisted on , to clear it from all ignorant or wilfull wrestings . and so much for the payment of tithes by abraham , and vowing them by jacob , before the law , to justifie the lawfulnesse and continuance of them under the gospel , against all cavilling exceptions . secondly , i shall make good the proposition from the maintenance of the priests and levites by glebes , tithes , and oblations under the law , urged as the strongest , if not only reason against them : and thusform my argument . that which god himself , who is infinitely and onely wise , just and holy , did by his special laws and edicts institute and prescribe , as the most expedient , equal , fit , just , rational and convenient maintenance of all other for his own priests and levites to receive and take from his own people ( when once setled in the promised land ) for the execution of their function , must questionlesse be , not onely a lawfull , but the most expedient , equal , fit , just , rational and convenient maintenance of all other for his ministers of the gospel to receive , and take from all believing christians in any setled christian kingdome , state , church under the gospel ; especially , if he hath neither positively prohibited this kinde and way of maintenance , nor specially prescribed any other way or kind of setled maintenance for them in and by the gospel . but god himself , who is infinitely and r onely wise , just , and holy ; did by his speciall laws and edicts institute and prescribe houses , lands , glebes , tithes , and oblations , as the most expedient , equal , fitting , just , rational and convenient maintenance of all other for his own priests & levites to receive and take from his own people , when once s●tled in the promised land , for the execution of their functions ; and hath neither positively prohibited this kinde or way of maintenance , nor specially prescribed any other way and kinde of settled maintenance for them in and by the gospel . ergo , it must questionlesse be , not onely a lawfull , but the most expedient , equal , fit , just , rational and covenient maintenance of all other for his ministers of the gospel from all believing christians in any setled kingdom , state , church under the gospel . the major , i suppose no rational christian can or will deny , except he thinks himself ( as king alphonso , the proud atheistical self conceited astronomer did ) more wise , just , holy than god himself ; and abler to carve out a more expedient , equal , just , fitting , rational and convenient maintenance for gods priests , levites , ministers , than god himself hath done ; and dare bid defiance to the gospel precept . eph. 5. 1. be ye therefore followers of god as dear children : the minor i shall thus confirm in order . 1. that god did by special laws and edicts institute and prescribe cities , suburbs , lands , houses , glebes for the priests and levites habitation , and the better maintenance of them and their cattle , and that in a liberal proportion , is apparent by num. 35. from 1. to 12. where we finde recorded , that the lord spake unto moses in the plain of moab , by jordan neer jericho , saying , command the children of israel that they give vnto the levites of the inheritances of their possession , cities to dwell in ; and ye shall give also unto the levites svbvrbes for ten cities rovnd abovt them . and the cities they shall have to dwell in , and the suburbs of them , shalbe for their cattle , and for their goods , and for all their beasts . and the suburbs of the cities which yee shall give unto the levites , shall reach from the wall of the city and outward , a thovsand cvbitis rovnd abovt . and ye shall measure from without the city on the east side two thousand cubites , and on the south side two thousand cubits , and on the west side two thousand cubits , and on the north side two thousand cubits , and the city shall be in the midst ; this shall be to them the suburbs of the cities . and among the cities which ye shall give unto the levites , there shall be six cities for refuge , which ye shall appoint for the manslayer , that he may fly thither ; and to them ye shall adde forty and two cities . so all the cities which ye shall give to the levites shall be forty and eight cities , them shall ye give with their suburbs . and the cities which ye shall give shall be of the possession of the children of israel : from them that have many , ye shall give many ; and from them that have few , ye shall give few : every one shall give of his cities , according to his inheritance which he inheriteth . this positive just command of god was given before the israelites entrance into , and conquest of the land of canaan : and this further positive law then likewise made against the sale and alienation of these glebes and possessions . levit. 25. 32 , 33 , 34. notwithstanding the cities of the levites , and the houses of the cities of their possession , may the levites redeem at any time , which others could not doe , v. 30 , 31. and if a man purchase of the levites , then the house that was sold and the city of his possession shall go out in the year of jubile ; for the houses of the levites are their possession among the children of israel : but the field of the suburbs of their city may not be sold , for it is their perpetuall possession . after this , when the land of canaan was fully conquered by the israelites and divided amongst the tribes by bounds and limits : we read , josh . 21. 1. to 43. then came near the heads of the fathers of the levites unto eleazer the priest , and unto joshua the son of nun , and unto the heads of the tribes of the children of israel ; and they spake unto them at shilo in the land of canaan , saying , the lord commanded by the hand of moses ( in text forecited ) to give us cities to dwel in with the suburbs thereof for our cattle . and the children of israel gave unto the levites , at the commandment of the lord ( mark it all enemies of our ministers , rectories , lands , glebes and maintenance ) these cities and their suburbs . then follow the names and places of the cities allotted to the levites proportionably out of every tribe , and how they were divided by lot amongst them : which you may read in the text it self , over large to transcribe : after which ensues this close of the story , v. 8. 41 , 42. and the children of israel gave by lot unto the levites these cities and their suburbs , as the lord commanded by the hand of moses , all the cities of the levites within the possession of the children of israel , were fourty and eight cities , with their suburbs : these cities were every one with their suburbs round about them : these were all the cities . in 1 chron. 6. we have a recitall of the sons and families of levi , and the office of the priests and levites , with the names of all the cities and suburbs allotted to them out of every tribe , agreeing with this of joshua , where those who please may read them at their leisure . these fourty eight cities and their suburbs ( as some conceive ) amounted to the tenth , or at least twelfth part of the cities and land of canaan ; the priests and levites according to their number , enjoying in proportion as large a share of the promised land , as any of the other tribes for their habitation and glebes : besides their tithes , first-fruits , offerings and other dues . all which ( as ſ ) dr. george downham , and t mr. samuel purchas observe ) amounted to a far greater proportion for the maintenance of that small tribe , than all the bishopricks , de●neries , benefices , cathedrall and colledge lands , revenues , glebes , tithes , and whatsoever ecclesiasticall profits and endowments of the clergy , and schollers in our whole kingdome and nation . after this , when the temple of jerusalem was built , where the priests and levites were to wait in their severall courses successively , by davids appointment ( 1 chron. chap. 23. to chap. 27. 2 chron. 8. 14 , 15. chap. 23. 8. and ch . 13. 10 , 11. chap. 29. 4. chap. 31. 2. chap. 35. 2. levit. 1 5 , 8 , 9. ) they had houses , churches , lodgings provided for them at jerusalem , near the temple , ( where some of them constantly dwelt and attended ; ) and likewise for the tithes , first-fruits and oblations brought thither to them , 1 chron. 9. 10. to 35. chap. 23. 28. chap. 28. 11 , 12 , 13. 2 chron. 2. to 13. ezra 8. 29. neh. 10. 37. 38 , 39. chap. 12. 44 , 45 , 47. chap , 13. 4. to 15. ezech. 40. 4. to 45. ch . 42. 1 ▪ to 19. ch . 44 19. ch . 46. 19. these cities , suburbs , habitations , churches , the priests and levites constantly enjoyed without interruption , till the revolt of the ten tribes from rehoboam : and jeroboam the usurper erected two golden calves in dan and bethel , to keep the people from going up to jerusalem to worship god there , out of carnall fear and suspition , saying in his heart , now shall the kingdome return to the house of david , if the people go up to jerusalem to do sacrifice in the house of the lord there ▪ then shall the heart of this people tvrn back again to the lord , even unto rehoboam king of judah , ●nd they shall kill me , and go again to rehoboam king of jvdah , 1 kings 12. 26. to 33. and then we read 2 chron. 11. 13 , 14 , 15 , 16. the priests of the levites that were in all israell resorted to rehoboam out of all their coasts ; for the levites left their svbvrbs and their possessions , and came to judah and jerusalem ; for jeroboam and his sons had cast them out from executing the priests office unto the lord , and he ordained him pr●ests for the high places , of the lowest of the people , and for the devils , and the calves which he had made : which king abijah warring with him after his fathers death , when he claimed the right of his usurp●d crown , they objected against him , and the revolted tribes , 2 chr. 13. 4. to 14. hear me thou jeroboam and all i●rael : ought ye not to know that the lord god of israel gave the kingdome over israel to david for ever , even to him and to his sons by a covenant of salt ? yet jeroboam the son of nebat , the servant of solomon , the son of david , is risen up , and hath rebelled against his lord. and there are gathered unto him vain men , the children of beliall , and have strengthened themselves against rehoboam the son of solomon , when rehoboam was young and tender hearted , and could not withstand him . and now ye think to withstand the kingdome of the lord , in the hand of the sons of david , and ye be a great multitude , and there be with you golden calves , which jeroboam made you for gods. have ye not cast out the priests of the lord , the sons of aaron and the levites , and have made you priests after the manner of the nations of other lands ; so that whosoever cometh to consecrate ●imself , with a young bullock and seven rams , the same may be a priest of them that are no gods ? but as for us , the lord is our god , and we have not forsaken him ; and the priests which minister unto the lord are the sons of aaron , and the● levites wait upon their businesse : &c. for we keep the charge of the lord our god ; but ye have forsaken h●m : and behold god himself is ●ith us for our captain , and his priests with sounding ●rumpets , to cry allarum against you . the issue of this a●●eisticall policy , and sacrilegious deprivation , or spoliation of gods priests and levites of their suburbs , possessions and ministry by jeroboam and his sons ; is very remarkable . 1. it brought ruine upon his whole army , though double the number of abijah his host , of whom they had a great advantage by an ambushment ; god himself smiting him and his host , so that they fled before judah , and abijah and his people slew them with a great slaughter , so that there fell down slain of israel five hundred thousand chosen men , 2 chron. 13. 13. to 20. the greatest slaughter in battle , that ever we read of in sacred or prophane stories before or since . 2. it brought captivity on his adherents who were brought under at that time , pursued , and had their wives taken and plundered , v. 18 , 19. 3. it brought this misery and fatall judgement on himself v. 20. neither did jeroboam recover strength again in the dayes of abijah ; and the lord strook him and he dyed . 4. it became sin to the house of jeroboam , even to cut it off , and to destroy it from the face of the earth , 1 kings 13. 33 , 34. 5. it made all the succeeding kings of israel professed idolaters , and most of them bloudy murtherers , usurpers , persecutors , and produced perpetuall successive civill warres between judah and israel , 1 kings 14. 30. chap. 15. 6 , 7 , 16 , 32. 2 chron. 28. 4. to 12. 6. it brought finall captivity , ruine & desolation in conclusion to the whole kingdome of israel , and the ten revolting tribes , 2 kings 17. 20 , 21 , 22 , 23. where this sad story is recorded . and the lord rejected all the seed of israel , and afflicted them , and delivered them into the hand of spoilers , untill he had cast them out of his sight . for he rent israel from the house of david , and they made jeroboam the son of nebat king , ( of which god thus complains , hos . 8. 4. they have set up kings , but not by me , they have made princes and i knew it not ) and jeroboam drave israel from following the lord , and made them sin a great sin : for the children of israel walked in all the sinnes of jeroboam which he did , they departed not from them , untill the lord removed israel out of his sight , as he had said by all his servants the prophets : so was israel carried away out of their own land to assyria , till this day ; when as the kingdome of judah x continued above 156 years after in davids royall posterity , enjoying gods , priests , levites , prophets and ordinances , till their captivity for their sins , in mocking , abusing his messengers , prophets , and despising his words , 2 chron. 36. 16 , 17. and then y after 70 years captivity , were restored again to their countrey , reedified jerusalem and the temple ; and with them , the priests , and levites returning from bondage , were restored likewise to their cities and glebes ( of which the kings of judah never deprived them , as jeroboam and his sons , and the kings of israel , who were all idolaters did ) whence thus we read ezra 2. 70. so the priests and the leaites , and the singers , and the porters , the nethinims dwelt in their cities , and all israel in their cities ; thus seconded , neh. 11. 18 , 20. all the levites in the holy city were 284. and the residue of israell , of the priests and levites ▪ were in all the cities of judah , every man in his inheritance , and neh. 13. 10. the levites and singers that did the work , were fled every one to his field . in the prophesie of ezechiel ( written during the jews captivity , in the land of the chaldeans , ezech. 1. 1 , 2 , 5. ) prophesying of the reedifying of the temple , and of the dimensions and whole fabrick thereof , chap. 40. 1. to 45. we find frequent mention of holy chambers therein , provided for the priests and their vestments . and chap. 45. 1. to 5. god enjoyns the israelites by him upon their restitution to their own land , when they should divide it by lot for an inheritance ; that they should offer an holy portion of the land , an oblation unto the lord : the length thereof twenty five thousand reeds ; and the breadth ten thousand ; this shall be holy in all the borders thereof round about . of this there shall be for the sanctuary 500 reeds in length , with 500 in breadth square round about ; and fifty cubits round about for the suburbs thereof . then he addes : the holy portion of the land shalbe for the priests the ministers of the sanctuary ; which shall come neer to minister unto the lord , and it shall be a place for their houses , and an holy place for the sanctuary . and the 25000. of length , and 10000. of breadth , shall also the levites , the ministers of the house have for themselves , for a possession for twenty chambers . in the 47. chapter verse 13. to the end of the prophecy , he writes of the bounds and division of the land of canaan ( after their restitution ) according to their several tribes , in relation to imitation of the bounds and division of it formerly made and recited by joshua : out of which there was a special portion reserved for the priests and levites , as there was in joshua's division fore-cited : thus expressed , ezech. 48. 8. to 15. and by the order of judah , from the east side unto the west side , shall be the offering , which they shall offer of 25000. reeds in breadth , and in length as one of the other parts , from the east side unto the west side ; and the sanctuary shall be in the midst of it : the oblation ye shall offer unto the lord , shall be of 25000 in length , and 10000 in breadth : and for them , even for the priests shall be this holy oblation ; toward the north 25000 in length , and toward the west 10000 in breadth ; and towards the east 10000 in breadth , and towards the south 25000 in length , and the sanctuary of the lord shall be in the midst thereof . it shall be for the priests , that are sanctified , of the sons of zadock , which have kept my charge , which went not astray , when the children of israel went astray ( after jeroboam and his calves ) as the le●ites went astray . and this oblation of the land that is offered , shall be unto them a thing most holy by the order of the levites . and over against the border of the priests the levites shall have 25000 in length , and 10000 in breadth : all the length shall be 25000 , and the breadth 10000. and they shall not sell of it ; neither exchange , nor alienate the first fruits of the land , for it is holy unto the lord. from all these scriptures ( here recited at large for the readers fuller satisfaction , conviction , and ease in turning to them ) these conclusions undeniably arise , 1. that the priests and levites had by gods speciall command and precept ( oft repeated ) both cities , houses , suburbs , lands , gl●bes de●igned to and settled on them by their brethren out of all the other tribes of israel for their habitation , and the feeding of their cattle , goods , beasts , and that in a very large and bountifull proportion . and likewise necessary and convenient houses , chambers , and lodgings neer the temple , when first built , and when reedified afterwards , which refutes the common errour of those ignorant simpletons and illiterate new-lights : who from numb . 18. 20. deut. 10. 9. chap. 18. 1 , 2. the priests , the levites , and all the tribe of levi shall have no part nor inheritance with israel : they shall eat the offerings of the lord made by fire , and his inher●tance : therefore shall they have no inheritance among their brethren , the lord is their inheritance , as he hath said un to them ; conclude : that the priests and levites amongst the israelites , had no cities , houses , lands , suburbs or possessions of their own belonging to their office , and were expresly forbidden by god to receive or enjoy any among their brethren : and hence inferre ; that ministers of the gospel ought not to enjoy any rectories , houses , lands or glebes : whereas all the forecited scriptures directly record the contrary , and the meaning of these seeming repugnant texts , is onely this , z that they should have no inheritance amongst their brethren in such sort and manner as they had ; set out altogether in one parcell by joshua and the rest who divided the land amongst the tribes by lot ( which would have hindred them from their duties ) but only a subsequent assignment of certain cities , houses and suburbs seattered and divided one from another , in and out of every tribes inheritance ; that so they might perform their offices with more ease , and be alwaves ready at hand to teach and instruct the people upon all occasions . 2. that the inheritance of the cities , houses and suburbs , which they enjoyed , should not be reputed their own proper inheritance , though they enjoyed the possession and profits thereof , but gods inheritance , as a thing devoted and dedicated unto god ; and therefore stiled by ezechiel , an oblation unto god , and an holy portion ; as a histories , divines , common , civil and canon lawyers stile all our rectories , church lands , and glebes , with the charters that first setled them , being given and consecrated deo et ecclesiae , an oblation unto god , and the church . 3. that these endowments & glebes of theirs , were called and reputed , gods own portion and inheritance . 1. because given by his specia● command and appointment by all the tribes . 2. because originally consecrated and devoted to god and to his priests and ministers onely in gods right , and for his sake . 3. because given to promote gods worship , and for an habitation and support to gods own priests and levites , imployed wholy in his immediate service . 4. that they were expresly prohibited to be sold , exchanged , or alienated by the priests , levites , or any others ; because they were given unto god , as an holy portion and oblation , and to the priests and levites for a perpetuall possession , whose inheritance was onely in god himself : and therefore not possible to be justly and lawfully sold , exchanged or alienated by the priests , levites , or any other mortal powers whatsoever , who could claim no power , right , property or disposing interest in or over them against gods own soveraigne and sacred title . 5. that these cities , suburbs , and glebes , were ratably set out in and by every tribe in an equal proportion , according to the multitude or paucity of their cities , as a tenth of their cities and lands , to which their 48 cities and suburbs amounted , as some probably conceive . and yet besides these 48 cities , there were houses and schools of prophets and prophets children ( in nature of our universities ) in bethel and in jericho 2 kings 2. 3 , 4 , 5 , 7. to 24. chap. 6. 1 , 2 , 3 , 4. which were none of these 48 cities . 6. that none of the kings and princes of judah , though many of them were idolatrous , wicked , and put to great extremities to raise moneys to pay their armies , and tribute to forreigne invaders and conquerors , did yet ever attempt to sell or alienate the cities , suburbs , or revenues of the priests and levites to maintain their wars , or pay publike debts or tributes , though king asa , jehoash , hezekiah by way of lone ) made bold with the silver and gold in the treasure of the lords house , in cases of publike extremity ( which might be afterwards paid ) 1 kings 15. 18. cap. 18. 15. 2 chron. 16. 2. yea , the scripture expresly records , that in the great famine in aegypt , when all others sold their lands , to buy bread , to king pharo●h , only the lands of the priests bolight he not : for the priests had a portion assigned them of pharoah , and did eat their portion which pharoah gave them , wherefore they sold not their lands , gen. 47. 20. to 27. 7. that the idolatrous usurper jeroboam , out of a carnal feare and policy to keep the people from returning to their rightfull soveraign , and establish the crown on himself and his posterity , was the first man we read of , and his idolatrous sons and successors after him , who cast out gods priests and levites out of their offices , and then , out of their cities , suburbs and possessions , which he enforced them to desert , ( though we read not , that they sold them to maintain their warres or pay soldiers arrears ) who thereupon repaired to jerusalem , to rehoboam the right heir , and after them out of all the tribes of israel , such as set their hearts to seek the lord god of israel , came to jerusalem to enjoy gods ordinances , and strengthen rehoboam and his kingdom , against this persecuting usuper , 2 chro. 11. 13. to 18. 8. that this casting out of the priests and levites from their offices and possessions , and making priests of the lowest of the people , and suffering every one that would to consecrate himself a priest without a lawfull call , is objected against jeroboam by ahijah as a very high crime , and provocation against god ; and the maintaining and encouraging of gods lawful priests and levites in their offices and setled possessions alledged by him as a certain argument of gods presence with a king and people , and of victory and successe in conclusion , against sacrilegious usurpers . 9. that when gods lawfull priests and levites are deprived of their glebes and possessions , we must presently expect , a base , contemptible , time-serving , idolatrous , ignorant priest-hood , jeroboams golden calves , with their new feasts and sacrifices , and a universal inundation of idolatry , wickednesse , prophanesse to ensue , with all the forementioned calamities , which befell jeroboam● army , adherents , subjects , person , family , kingdome : which the lord now set home on all our hearts , that we may never be guilty of such a sacrilegious , ruinating , god-provoking , realm-destroying , church-subverting practise in the least degree , as some would now perswade us to , in stripping our ministers of all their gl●bes , rectories and setled maintenance at one blow , ( which even pharoah himself , and godly joseph refused to do towards the very idolatrous priests of aegypt , allowing them an extraordinary daily portion to preserve their lands from sale in time of famine , gen. 47. 22 , 26. whereto they have as lawfull , as just , as divine a right , as these priests and levites had to their cities , suburbs , houses and possessions , as i shall prove anon . 2 , that god onely wise did by speciall laws and edicts institute and prescribe tithes , as the most expedient , equitable , fitting , just , rationall and convenient maintenance and reward of all other for his own priests and levites , is undeniably proved by levit. 27. 30. 31 , 32. deut. 12. 17. 18 , 19 , 31. chap. 14. 22. to the end . chap. 26. 7 , 12 , 13 , 14 , 15. num. 18. 21. to 32. neh. 10. 37 , 38 , 39. chap. 12. 44. chap. 13. 5 , 11 , 12 , 13 , 14. prov. 3. 9. 2 chron. 31. 3. to 15. mal. 3. 8 , 9 , 10 luke 18. 12. heb. 7. 5 , 8 , 9. which texts all may read at leisure , and are needlesse to transcribe at large , this truth b●ing confessed by all opposites to tithes , who hence condemned them as jewish and ceremoniall rites now abolished . that which i shall observe from them , is briefly this . 1. that the payment of tithes to the priests and levites , was positively prescribed by gods speciall precepts and commands , frequently recited . 2. that gods own people were specially commanded by him to pay tithes of the seed and increase af all their land ; of all corn , wine , oyl , fruits , yea , of garden herbs , seeds , matth. 23. 3. luke 11. 42. and likewise of the increase of all their cattle , herds , flocks . 3. that god gave these tithes , and all the tenth in israell , to the priests and levites for an inheritance , as a due reward for their service which they serve , even the service of the tabernacle of the congregation ; which all israelites else were p●ohibited to come into , or do service in , lest they bear their sin and dye ; and this was to be a statute for ever throughout their generations . numb . 18. 21 , 22 , 23 , 26 , 31. heb. 7. 5. 4. that all the tithes of the land , seed , fruit , herbs , flocks , and of whatsoever annuall increased , or passed under the rod , are expressely said to be the lords , to be holy unto the lord , consecrated unto the lord , and an heave-offering unto the lord , which he gave unto the priests & levites , for an inheritance , levit. 27 , 28 , 29 , 30 , 31 , 32 , 33. num. 18. 24. 2 chron. 31. 6. 5. that god enjoyned all the israelites , truly to tithe all the tithes of their increase and not to eat or embesle , detain or exchange any of it , especially for the worse , deut. 14. 21. chap. 12. 17. leuit. 27. 33. mal. 3. 8. and if any man would redeem his tithes , he was to give the full price , and adde a fifth part over to it . levit. 27. 31. 6. that all these tithes were to be brought by the people to the places and treasuries appointed for them , ( the corn ready threshed , winnowed , and the wine , oyl , fruits in vessels ) at the peoples own costs , without any trouble to the priests or levites , and if the place , whither they were to be brought , was too far off , then , that they called the second tithe , ought to be turned into money by the owner , and the money paid to the priest and levites in lieu thereof . deut. 12. 17 , 18 , 19. chap. 14. 22. to 28. chap. 26. 12 , 13 , 14. 2 chron. 31. 6. 12 , 13 , 14. neh. 10. 38 , 39. chap. 12. 44. chap. 13. 5. to 12. amos 4. 4. mal. 3. 10. 7. that the detaining of these tithes from the priests and levites was a great sin and sacrilegious robbing of god himself , accompanied with his curse , and punished with scarcity , barrennesse , devouring locusts , blasting of the fruits of the earth , &c. mal. 3. 8. 9. 10. ( a place worthy the saddest consideration of all tith-oppugners and substracters ) will a man rob god , yet ye have robbed me : but ye say , wherein have we robbed thee ? in tithes and offerings : ( here is the sacrilegious sin ; pray mark the just deserved punishment ▪ ) ye are cursed with a curse : for ye have robbed me , even this whole nation ( what this curse was , follows ) the devourer , ( that is , devouring creatures , as locusts , caterpilla●s , palmer-worms and canker worms , and the like ) did destroy the fruits of their ground , their vines did cast their fruit before their times in the field ; and god blasted and destroyed all their corn and fruits with blasting and meldew , and hail ; a●os 4. 9. joel 1. 4. yea ; they sowed much and brought in little ; they did eat , but had not enough ; they did drink , but yet were not satisfied with drink : they did cloth themselves , but there was no warmth : and he that earneth wages is to put it into a bag with holes . they looked for much , and lo it came to little , and when they brought it home , god did blow upon it ; yea , the heaven over them was stayed from dew , and the earth was stayed from her fruits , and god called for a drought upon the land , and upon the mountain●a , nd upon the corn , and upon the new wine and upon the oyl , and upon that the ground brought forth , and upo● men and cattle , & upon all the labour of their hands : when one cam● to an heap of 20 measures , there were but ten ; when one came to th● presse-fat for to draw out fifty vessells , there were but twenty ; and the wine , and the figs , and pomegranate tree , and the olive tree , did not bring forth , hag. 1. 6. 9 , 10 , 11. chap. 2. 16 , 17 , 19. o tha● all hard hearted , covetous , hypocriticall , atheisticall detain●ers of , and declaimers against tithes , and ministers just settled maintenance , would lay these judgements , and curses of god close unto their hearts , that so they might thereby be reclaimed from their robbery and sacri●ledge against god , and prevent , and divert these judgements curses from themselves , and our whole nation , which hav● cause to fear , and will doubtlesse feel them to their smart an● loffe if they rob god and our ministers in such sort as many now strenuously endeavour ! 8. that god himself annexed many gracious promise● of giving abundance of all earthly and spirituall blessings , t● the chearfull , conscientious due payment of tithes to hi● priests and levites for their maintenance ; which i shall recite , to excite men chearfully to this paractise now , deut. 14 22 , 23 , 28 , 29. thou shalt truly tithe all the increase of th● seed , corn , wine , oyl , herds , flocks ; that thou mayest learn to fea● the lord thy god alwayes ; and that the lord thy god may blesse thee in all the work of thy hand , which thou doest , deut. 26. 12 , 13 , 14 , 15. when thou hast made an end of tithing all the tithes of thine increase , the third year , which is the year of tithing ; and hast given it unto the levite , &c. then thou shalt sa● before the lord thy god , i have brought away the hallowed thing ▪ out of mine house , and also have given them unto the levite , &c. according to all thy commandements which thou hast commanded me , i have not transgressed thy commandements , neither have i forgotten them . i have not eaten thereof in my mourning , neither have i taken away ought thereof for my vnclean vse , nor given ought thereof for the dead , but i have bearkened to the voice of the lord my god , and have done according to all that thou hast commanded me : look down from thy holy habitation from heaven , and blesse thy people israel , and the land which thou hast given us , a land that floweth with milk and honey . such a conscientious true payment of tithes as this , according to all gods comandements , without the least substraction or embeslements , emboldens , enables every particular man to make such a prayer to god , as this , not onely for himself , but for the whole land ; and brings a blessing upon himself and all the realm , and makes it a land flowing with milk and honey , and abundance of all rich blessings . besides , we read in 2 chron. 31. 1. to 15. that when godly king hezekiah had destroyed idolatry , and appointed the courses of the priests , and levites after their courses , every man according to his service , he brought offerings , and peace offerings , to minister and to give thanks , and to praise in all the gates of the tents of the lord : he appointed also the kings portion of his svbstance for the burnt-offerings , for the morning and evening ; for the sabbaths , the new moons , and set feasts ; moreover he commanded the people that dwelt in jerusalem , to give the portion of the priests and the levites , that they might be encouraged in the law of the lord. and assoon as the commandement came abroad , the children of israel brought in abundance , the first-fruits of corn , vvine , oyl and honey , and of all the increase of the field , and the tithes of all things brought they in abundance . and concerning the children of israel and judah , that dwelt in the cities of judah , they also brought in the tithes of oxen , and sheep , and the tithe of holy things , which were dedicated unto the lord their god , and laid ●hem by heaps . in the third moneth they began to lay the foundation of the heaps , and finished them in the seventh moneth , and when hezekiah and the princes came and saw the heaps , they blessed the lord and his people israel . then hezekiah questioned with the priests and levites concerning the heaps ; and azariah the chief priest of the house of zadok , answered him , & said ; since the people began to bring the offerings into the house of the lord ; we have had enough to eat , and have left plenty ▪ ( but did the people grow poore thereby ? no , but much richer than before ) for the lord hath blessed his people , and that which is left , is this great store . then hezechiah commanded to prepare chambers ( or store-houses ) in the house of the lord , and they prepared them , and brought in the offerings and the tithes , and the dedicate things faithfully ; over which cononiah the levite was ruler . how different was this practise of all the people and godly saints in those daies , in a chearfull bringing in their tithes and oblations to the priests and levites in abundance for their encouragement ; which caused king hezechiah , his princes , the priests , levites , and god himself to blesse them ; from the sacrilegious practice of tith-detaining hypocritical saints and christians in our d●ies : who shall never receive such a blessing as this from god or good men , but their curses : if these texts and 〈◊〉 will not move such hard hearted men , let them consider 〈◊〉 this precept and promise of god. prov. 3. 9 , 10. honour the lord with thy substance , and with the first fruits of thine increase , so shall thy barns be filled with plenty , and thy press shall burst out with new 〈◊〉 : and mal. 3. 7 , 10 , 11 , 12. return unto me , and i will retu●n unto you , saith the lord of hosts , wherein shall we return ? bring 〈…〉 the ●●●hes into the store-house , that there may be meat in mine 〈…〉 me now herewith , saith the lord of hosts , if i will n●● 〈◊〉 the windows of heaven , and powre you out a blessing , 〈◊〉 there shall not be room enough to receive it ; and i wi●●●●●ke the devourer for your sakes , and he shall not destroy the 〈◊〉 of your ground , neither shall your vine east her fruit , before her ti●● in the field , saith the lord of hosts : and all nations shall 〈◊〉 you blessed , for ye shall be a delightsome land , saith the lord of hosts . what christians heart ( though never so covetous and worldly ) should not these sacred promises of god , ( the last of them recorded in the last of all the books and p●ophets in the old testament , they being not meerly levitical and judaical , but of eternal verity , use , and evangelical to● ) excite and engage , most cheerfully to pay and bring in all their tithes and dues to gods ministers now , as w●ll as to the priests and levites heretofore ; christ himself having made like parallel promises of blessings and rewards for relieving and maintaining his ministers in the gospel , mat. 10. 40 , 41 , 42. mar. 9. 41. phil. 4. 18 , 19. 9. that the due payment of tithes to gods priests and levites , was a great encouragement to them in the law of the lord , and in the diligent execution of their duties , 2 chron. 31. 3 , 4 , 5 , 10. and on the contrary , the with-holding of them from them , a great discouragement , necessitating them to desert their duties and functions : witnesse that memorable text , neh. 13. 10 , 11. 12. and i perceived that the portions of the levites had not been given them ( mark the consequence ) for the levites and the singers , that did the worke were fled every one to his field . then contended i with the rulers , and said ; wby is the house of god forsaken ? and i gathered them together , and set them in their place . then brought all judah the tithes of the corn , and the new wine , and the oyle unto their treasuries ; and i made treasurers over the treasuries , shelemiah the priest , and zadock the scribe , and of the levites redajah , &c. for they were counted faithfull ; and their office was to distribute unto their brethren . which reason still continuing under the gospel in relation to the ministers and preachers thereof . heb. 13. 16 , 17. phil. 4. 10. to 21. is a strong argument to engage all true christians desiring the propagation of the gospel , and a painfull able ministry duly to pay their tithes and portion to them . 10. that it was the bounden duty and care of religious kings and governours amongst gods own people , when the people were backwards to pay and bring their tithes and duties to the priests and levites , to command , and enforce them to do it by speciall covenants and oaths , sealed and subscribed by the princes and people ( neh. 9. 38. cap. 10. 1. to the end ) and likewise by positive ordinances and injunctions , and to be earnest and zealous in it , as the two last recited examples of king hezechiah , and nehemiah evidence ; and this was so far from being an unjust and oppressive action and grievance to the people ; as some now term it ; that it is recorded of god himself for their honour , and others imitation , and so well pleasing unto god ; that nehemiah closeth up the history of his acting , in this kinde , with this memorable addresse and prayer to god himself , neh. 13. 14. remember me , o my god , concerning this , and wipe not ovt the good deeds that i have done for the hovse of my god , and for the offices thereof . and will not god remember their ill deeds in wrath and vengeance , who shall do the contrary to what he and king hezekiah acted , in robbing god and his ministers of their tithes and setled dues ? b st. hierom with others affirm : that the israelites had four sorts of ●ithes . 1. that which the people paid to the levites , being the tenth of every thing that was food for man , not so much as herbs excepted , and whatever received increase from the earth . 2. that which the levites paid to the priests , being the full tenth , or their tithes . 3. that which they received for expence in their solemn feasts , when they went to the tabernacle or temple , whereof the owner and his family were to eat in those feasts as well as the levite , deut. 4. 26 , 27. chap. 12. 17 , 18. 4. the third years tithes , which were then laid up for the levites , and likewise for the stranger , the fatherlesse , the poor widdow within their gates , in the husbandmans own barns and store-houses , and not then carried to jerusalem , as the other tithes were . deut. 14. 28 , 29. cap. 26. 12. 13. their first and second tithes every year ( as they affirm ) amounted to 13. in the hundred ; so as the husbandmans clear lay-chattel , the tithes first deducted came but to eighty one bushels of corn , or eighty one pipes or tuns of wine or oyl , in every hundred ; which considering the costs the husbandman was at in threshing and fanning the corn , barrelling up the wine and oyle , and carrying them to jerusalem , and the priests treasuries at their own costs , amounted to double the tithes we pay now and more ; besides the first fruits paid out of them in kind before the tithes ; their free-will offerings , sacrifices , oblations and other charges gods worship prescribed by the levitical law , together with half a shekle every poll for the service of the tabernable , exod. 30. 12 , 13 , 14. yet the israelites were obliged by god to pay all these tithes , which all the godly amongst them chearfully did without murmuring , notwithstanding every seventh year amongst them was sabbatical , and free from tillage , and the voluntary fruits of the earth then growing were to be for the poor , & the beasts of the field were to eat the rest , ex. 23. 10 , 11. lev. 25 3 , &c. what would our anabaptists and tith-oppugners have said and done , had they been born israelites , under the law & clogged with so many tithes and expences , who now grumble and refuse to pay half so much tithes as they constantly did , though they pay no first-fruits , sacrifices , and other costly oblations of several sorts to god , as the israelites did , besides all these tithes ? i fear their covetuous , sacrilegious hard-hearts would have induced them to cast off , not onely gods priests and levites ( as now many of them do our ministers ) as superfluous creatures , but even all gods chargeable ordinances and levitic●l forms of worship as intollerable grievances , oppressions , and renounced god himself to save their purses , and turned athiest out-right : let them therefore reform this their sacrilegious tith-detaining practises and opinions , lest whiles they pretend to avoid judaisme , they prove worse than the very jews themselves ; yea worse than the very jewish pharisees , who paid tithes even of rue , annis , mint , comin , and all other herbs , and of all they had . matt. 23. 23. luke 11. 42. cap. 18. 12. whose righteousnesse all christians righteous must exceed by christs own verdict , else they shall never enter into the kingdome of heaven , mat. 5. 20. nay worse than the very idolatrous jews under jeroboam and his successors , who paid their tithes duly even to the base idolatrous priest at bethel and gilgal , who waited on the service of the golden calves , and brought all the oblations to their very calves , which god reserved to his priests , levites , and himself ; as is evident by amos 4. 4 , 5. come ye to bethel and transgresse , at gilgal multiply transgression ; and bring your sacrifices every morning & yovr tithes after three years , and offer a sacrifice of thanks giving with leaven , & proclaim & publish the free offerings , for this liketh you . o yee children of israel , saith the lord of hosts . let those idolatrous jews and israelites now shame them to their duties , lest they rise up in judgement and condemn them , at the last day . these cities , suburbs , houses , glebes , tithes , thus settled on the priests and levites for their habitation , maintenance and reward of their ministeriall function , had nothing properly typicall or ceremoniall in them ; and being assigned to them by god himself onely , for their necessary habitation and competent livelyhood , may and ought to be continued , and imitated in a fitting proportion under the gospel , for the habitation , maintenance and livelyhood of the preachers of the gospel , who are to live by the gospel , as well as they did by the temple and altar , 1 cor. 9. 13 , 14. 3. there was another supplementall maintenance , besides these glebes and tithes , prescribed by god in the levitical law for the priests , and was properly ceremoniall , leviticall , and quite abolished with that priesthood by christs death ; and that was the priests share out of every meat-offering , made of fine flower , , oyl and frankincense unto the lord by the people , a small part whereof the priests were to offer up to god upon the altar , and the remnant which was left was to be aarons and his sonnes , with the breast and right shoulder of every peace-offering , offered by the people , called the wave-breast , and the heave-shoulder , given by god to the priest , who offered the bloud and fat of the peace-offering at the altar , together with the skin of every burnt-offering , levit. 2. 3 , 10. chap. 7. 6. to 11. and 28. to 38. exod . 29. 26 , 27. chap. 9. 21. numb . 6 ▪ 19 , 20. and from them that offered a sacrifice , whether it were ox or sheep , this was the priests dve likewise from the people ; they were to give unto the priest the shoulder and the two cheeks and the maw , by gods speciall appointment , deut. 18. 3. ezech. 44. 29. 30. which fee eli the high priests sonnes exceeding and exacting more than was due by violence , it exceedingly provokes god and men to abhor the sacrifices of the lord , and proved the ruine of eli and his family , 1 sam. 12. 2. to the end . these dues and fees of the priests serving onely at the altar , had no affinity with the forementioned glebes and tenths , belonging as well to the levites ●s priests , and therefore are distinctly prescribed by themselves . now for any to argue that tithes and glebes , which were no wayes properly ceremoniall , leviticall or typical , are quite abolished by christ , and incompetible with the gospel , because those meat-offerings , peace-offerings and sacrifices , ( which were meerly ceremoniall and typicall , and by consequence the fees due unto priests out of them ) are quite abolished by christ , the onely true meat-offering , peace-offering and sacrifice for us unto god ; is a meere non sequitur , they being things of a different nature , and the one eternally abolished by christ , as the whole epistle to the hebrews testifies , but the other not , as the said very epistle attests , hebrews 7. 1. to 9. compared with 1 cor. 9. 4. to 16. 1 tim. 5. 17 , 18. gal. 6. 6. and here i shall beat our sword-men and other tithe-oppugners with their own weapon . they tell us for an unqu●stionable gospel-truth ; that ministers of the gospel ought to have no certain or coercive maintenance , but onely voluntary free will-offerings , such as the people shall willingly give them without any law or constraint ( though their own unordained chaplains in the army and garrisons have constant pay each moneth out of the peoples purses , to whom they do not speak , and are not maintained by the souldiers free , but the people 's enforced monethly contributions ; which practise they should first reform , if repugnant to the gosp●l : now such maintenance as this , is more properly and purely levi●icall and ceremonial than tithes ; since all meat-offerings , peace-offerings and sacrifices , out of which the leviticail priests were to have their share and maintenance , were onely free-will-offerings voluntarily offered to god , without any coercion , when they pleased , levit. 2. 1. chap. 3. 1. chap. 22. , 18 , 19 , 22 , 23 num. 18. ● . chap. 29. 39. deut. 12. 6. chap. 16. 10. psal . 54. 6. if then tithes , glebes , and all coercive or settled maintenance for ministers be abolished and unlawfull under the gospell , though not primarily , and purely leviticall , but of divine , morall , and naturall right , by the dictate of na●urall reason ; as tyndarus , rebussus , and many others affirm in their treatises of tithes ; then much more must their maintenance by the leviticall free-will-offerings , oblations , and sacrifices be such ; being more purely leviticall and ceremoniall than tithes , as these instances manifest , and 1 cor ▪ 9. 13. heb. 7. 12 , 13. and if ministers of the gospel must have neither a settled nor inforced maintenance , by glebes , tiths or otherwise ; as some now plead , nor yet an uncertain one by voluntary free-will offerings and contributions , they shall have no maintenance at all allowed them under the gospel ; whereas the priests of god under the law had both a certain setled maintenance and reward by glebes and tithes ; & likewise an arbitrary and uncertain , by their fees and dues out of the peoples freee-will-offerings , and sacrifices ; and why ministers of the gospell may not have a like setled and coercive maintenance , both by glebes and tithes , and likewise an honorary super-additionall reward according to their pains and merits , by the voluntary benevolences , and free-will-offerings of the people , as well as priests under the law , or as well as servants and all publick officers , military or civill ; let their opposites render me a reason , when they are able ; the apostle resolving thus of ministers of the gospel in opposition to the priests under the law , heb. 13. 10. we have an altar , whereof they have no right to eat which serve the tabernacle ; which compared with 1 cor. 9. 13 , 14. do ye not know , that they which minister about holy things , live of the things of the temple ; and they which wait at the altar , are partakers with the altar : even so hath the lord ordained , that they which preach the gospel should live of the gospel , and with phil. 4. 18. but i have all , and abound , and am full , having received from epaphroditus the things ( or voluntary contribution ) sent from you , an odour of a most sweet smell , a sacrifice acceptable well pleasing to god : will warrant this conclusion ; that as the gospel in these texts retains the old legal terms of altar & sacrisice , in a reall , evangelical sence , in relation both to the office & maintenance of the ministers of the gospel ; so christians under the gospel in the self same sence , may and ought to allow them the like settled maintenance by glebes and tith● , and likewise additionall rewards by voluntary evangelicall sacrifices and oblations for attending on the new gospel-altar , jesus christ preaching of his gospel to them , as the priest under the law received from the people . 4. there was another additionall way of maintenance for the priests under the law , but certain and considerable by gods speciall appointment ; even the first-born of man and unclean beasts , which were to be redeemed , at a set value given by god to the pri●fts , the firstlings of all their herds , beasts , flocks that were clean , payable in kind ; and the first fruits also of their ground , corn , wine , oyl , and of all manner of trees and fruits , and likewise of their dough : which god peculiarly reserving and consecrating to himself as his own , and holy to himself ; did yet transferre them to his priest , and enjoyns the people to give and bring unto the priests , that they may cause the blessing to rest in the peoples houses ; as you may read at leisure . exod. 13. 12 , 13. chap. 22. 29 , 30. chap. 23. 16 , 19. chap. 34. 19 , 20 , 22 , 26. levit. 2. 12 , 14. chap. 23. 10 , 20. chap. 27. 26 , 27 , 28. numb . 28. 26. deut. 12. 6. chap. 14. 23. chap. 15. 19. chap. 26. 2 , 16. compared with num. 18. 11. to 20. 2 kings 4. 22. 2 chron. 31. 5. and neh. 10. 35 , 36. chap. 12. 44. chap. 13. 12. prov. 3. 9. ezech. 20. 40. chap. 44. 30. chap. 48. 14. these first-fruits most hold to be meerely ceremoniall and types of christ , the first-born of god , heb. 1. 6. psal . 89. 27. the first-fruits from the dead , 1 cor. 15. 20 , 23. and of christians under the gospel , who are called a kind of first-fruits of his creatures , jam. 1. 18. and the first-fruits unto god and to the lamb , rev. 14. 4. therefore abolished by christ as ceremoniall and leviticall . but yet notwithstanding , seeing all true christians are and ought still to be even spirituall first-fruits unto god under the gospel ; to present themselves , their souls and bodies a living sacrifice , and oblation , holy , acceptable unto god through jesus christ : in the first place , rom. 12. 1. 2 cor. 8. 2 , 3 , 4 , 5. and to seek first the kingdome of god , mat. 6. 33. and then afterwards to be ready to consecrate all their goods and estates to god and his service , so far ●orth as there is occasion or necessity , acts 4. 32 , 33 , 34 , 35. i cannot yet discern , but that all christians by a proportionable kind of gospel and naturall equity , are still obliged to render a kind of first-fruits out of their estates , besides their tithes , for the maintenance and propagation of the gospel when and where there is occasion ; there being sarre more equity and gospel justice for it , than that our ministers , out of their small , scarce competent , and many very incompetent livings , should pay the first-fruits and first years profits of their livings to the king or state ( as formerly they did unto the pope through papal vsurpation onely ) by the sta●utes of 26 h. 8. cap. 3. 27 h. 8. c. 8. 1. 1 eliz. c. 4. and almost above the tenth of all their livings to the soldiers ( amounting to treble their tenths to the king or pope ) without any grant at all by them or their proxies in the usuall legal , just , parliamental way , against all their rights , priviledges and our laws : the jewish priests and levites under the law being never burthened with such first fruits or taxes , by their soveraigns , and exempted from them even by a heathen conqueror , ezra 7. 24. which those , who now endeavour to deprive them of their tithes , glebes , and yet exact both first-fruits , tenths and contributions from them , may do well to consider . having thus related at large , what a liberal , various , full , and competent maintenance god setled on his priests and levites under the law , by glebes , tithes , oblations , sacrifices , poll-money , first-fruits , besides the tenth and tribute out of the very spoiles of war formerly insisted on . i shall now apply it home to the ministers of , and christians under the gospel , in these short aphorismes . 1. ministers and preachers of the gospel inwardly qualified with sufficient gifts , graces , and lawfully called and ordained , are gods and christs own institution , and ministers as well as priests and levites under the law , matt. 10. 5 , 6 , 7. chap. 28. 19 , 20. luke 10. 1 , 2 , &c. chap. 24. 47 , 49 , 53. mark 6 ▪ 7 , 8 , &c. cap. 16. 15 , 20. acts 13. 2 , 3 , 4 , &c. cap , 14. 23. cap. 19. 1 , 6 , 7. cap. 26. 17 , 18. 28. rom. 12. 6 , 7 , 8. 1 cor. 12. 4 , 8 , 9 , 28 , 29 , 30. cap. 14. 29 , 30 , 31 , 32 , 40. ephes . 4. 8. to 17. col. 4. 17. 1 tim. 3. 1 , 2. cap. 4. 14 , 15 , 16. cap. 5. 21 , 22. tit. 1. 5 , 6 , 7. heb. 13. 17. jam. 5. 14 , 15. 1 thes . 5. 13. 1 cor. 4. 1. 2 ▪ cor. 3. 6. cap. 11. 23. 2. that their ministry and calling is far more honourable , glorious , necessary and beneficiall to mens souls , than that of the priests and levites under the law. 2 cor. 3. 6. to 12. heb. 7. 1 to 14. 3. that it is far more painfull and labourious , than the ministry of the priests and levites under the law ; acts 8. 4. 2 cor. 11. 23. to 30. 1 tim 4. 13 , 14 , 15. 2 tim. 4. 1. 1 thess . 5. 2. 2 ▪ pet. 1. 12. rom. 15. 19 , 20. cap. 12. 7 , 8. 4. that therefore there is as just , as competent , as full , as honourable and setled a maintenance , and as much honour , reverence , obedience , love and recompence due unto them , for their very work and calling sake from all christians under the gospel , as there was from gods people to the priests and levites under the law ; as i have already proved in the first proposition ; and that by divine institution , 1 cor. 9. 13 , 14. 1 tim. 5. 17 , 18 , 21. for whence c hemingius ( with all o●thodox protestant divines , i have seen besides as well as papists and jesuites ) concludes thus . admoneantur igitur pii , qvod jvre divino ecclesiae ministris debeant stipendia ; that all the godly are to be admonished , that by divine right they ow wages to the ministers of the gospel . and if so , then 5. it follows inevitably , that there being no other setled way of maintenance particularly prescribed for them in the gospel ; and convenient houses , glebes for them , their families , and necessary cattle ; and tithes of the increase of the fruits of the earth , and cattle of all sorts , being as necessary and requisite for the habitation , food , clothing , support of them , their ministry , families , and supply all their necessaries with as little charge or trouble , as may be , as for the priests and levites under the law : that godly christians cannot pitch upon any equaller , fitter , juster , better , wiser , rational or convenient way of maintenance for them , than that of necessary houses , rectories , glebes in every parish , and tithes of all things needfull for food and raiment , it being the constant standing setled maintenance which the most wise , just , and holy god invented , prescribed for his own priests and levites maintenance amongst his own people , when setled by him in the land of promise , and that which all setled christians empires , kingdoms , states , churches generally through the christian world have pitched upon , as most agreeable to gods will and word , under the gospel , which no wayes repeals nor contradicts his own former prescriptions of this kinde . 6. that the glebes and tithes of the priests and levites under the law , were reserved by god himself ( the supream land-lord of all kingdomes , countries , nations , churches , people in the world , and the special god , lord , king , father , saviour and preserver of his own people ) as a sacred , holy tribute , rent , portion , and homage due unto himself from poor creatures , servants , vassals ( who are no true proprietors , but onely stewards and tenants at will of all the lands , goods , earthly blessings and possessions they enjoy ; the earth being the lords , and the fulnesse thereof , and the corn , wine , cattle , fruits and earthly creatures we possesse , not really ours , but gods own , 1 chr. 29. 11. to 17. psal . 24. 1. psal . 97. 5. psal . 50. 9 , 10 , 11 , 12. e●ech . 16. 18 , 19 , 20. hos . 2. 8 , 9. dan. 4. 32 , 35. mat. 6. 10. 11. ) the use and possession of which tribute , he allotted to the priests and levites under the law for their maintenance , salary and reward of their labour in his service , for the advancement of his worship , glory , honour , and his peoples spiritual good : reserving the inheritance and right thereof alwayes to himself ; as the premises sufficiently evidence : now god himself to whom alone tithes and glebes ( were originally impropriated ; not to the levitical priest-hood ) being unchangeable , without any variableness or shadow of turning , jam. 1. 17. psal . 102. 26 , 27. mal. 3. 6. and jesus christ ( to whom tithes were first paid by abraham in the person of melchisedeck ) having an unchangeable priest-hood , and being a priest for ever after the order of melchisedeck , heb. 7. and all christians whatsoever under the gospel , being as much his absolute creatures , vassals , servants , stewards , and tenants , as well , as the israelites under the law , and all their lands , goods , earthly blessings , corn , wine , cattle , and imployments , his in right , and not their own , as well as theirs too ; why they should not all render to him the self same sacred tribute , holy portion , rent , homage of glebes and tithes of all they have , as well as they ( though the levitical priest-hood be abolished ) they being so specially reserved and consecrated to himself , for the support , maintenance , reward , encouragement of his faithfull ministers under the gospel , imployed in his service for his honour , glory and their everlasting salvation ; let john canne , and all presumptuous peremptory tith-oppugners , answer me ; yea , this their soveraign land-lord and creator , if they can ; who will one day call them to a strictaccompt for detaining this due rent , tribute , homage from him , and may justly dispossesse and strip them naked of all they have for this their ingrate , contemptuous carriage towards him , as he hath done many of late , by fearfull fires and other judgments , as well as heretofore , mal. 3. 8 , 9 , 11. 7. that as the gospel it self succeeded the levitical law , and baptisme and the lords supper , circumcision and the passeover : so the apostles and ministers of the gospel , succeed the priests and levites under the law in their ministerial function in the church of christ , by gods appointment : their ministry and office being both the same in substance ( even to worship , praise and honour god according to his revealed word and will , and instruct , exhort , direct and guide his people in the way of salvation ) though differing in some circumstances of lesser moment , abolished by christs death . it is therefore most reasonable , just , equitable , convenient , they should receive and enjoy the like setled maintenance by glebes and tithes , as their predecessors did , god hav●ng prescribed none other kinde of reward or subsistence for them in the gospel that any can shew me . it is usuall in all kingdomes , states , nations , where there are any publike setled offices and officers , for any persons who succeed others in those offices , to enjoy the self same salaries , houses , lands , fees , and revenues as their predecessors lawfully received , unlesse there be some special laws to alter their stipends : this we see verified in all civil , military and ecclesiastical officers ; yea , in the times of greatest publike charges that ever befell the nation , those whom most yet call judges , sheriffs , majors , generals , colonels , captains and governours of forts , &c. though their commissions be altered in some things , and themselves in more , do yet receive the self same salary , pay and maintenance annexed to their offices , as their lawfull predecessors did ; yea , to come closer home ; all our protestant ministers , since the reformation of religion , have generally enjoyed the gl●bes and tithes ( as the parishioners enjoy and frequent the churches ) as their popish predecessors did before them ; though the one of them ( just like the levitical abolished priests ) made it their chiefest businesse and part of their calling to say masse , and offer an unbloudy sacrifice ( as they falsely termed it ) on their altars both for the quick and dead ; and the other , who succeed th●m , make it their principall work to preach the gospel , and administer the sacraments according to christs institution . since then the ministers of the gospel succeed the levitical , as well as the popish priests , as the gospel doth the law , and the christian sacraments the jewish ; and we , with all converted gentiles engraffed into jesus christ and the church of god , succeed the jews , who were broken off from their own olive tree , that we might be engraffed in their places , who now partake of the root and fatnesse of their olive tree ; as the apostle resolves , rom. 11. 16. to 25. why the ministers of the gospel should not likewise succeed the leviticall priests ( as well as the popish ) in the enjoyment of their setled maintenance by glebes , tithes , ( being not meerly ceremonial , as i have proved ) and all believing gentiles , who succeed the believing israelites in gods church , succeed them likewise in the due and just maintenance of their ministers by tithes and glebes , reserved to and prescribed by that true , holy , just and righteous god , who is not only the god of the jews , but of the gentiles also , rom. 3. 19. let any rational christian now resolve his own conscience and mine , from friends or scripture , reason or equity if he can ; god having given us a land flowing with milk and honey , and as fit , as able to render glebes and tithes of all things in kinde , as he did unto the jews . it is a received maxime in our law , quod venit in loco alterius est de natura prioris . if this be gospel , as it hath been h●ld both law and reason under the gospel ; i need add no more to this aphorisme , to prove the lawfulnesse and equity of our ministers glebes and tithes ( and to continue as well for the future as heretofore ) by a divin● right . 8. that all christian churches , and pious christians generally throughout the world , from the apostles dayes till now , have unanimously resolved , both in point of piety , justice , conscience , and right reason , that they are bound to consecrate and render unto god the sel●same weekly portion of time for his publick worship , as the israelites and jews under the law were obliged to do ; to wit , one day in seven : though they differ in the circumstance onely of the day , they observing the seventh day from the creation every week ( in memory of the creation , and gods rest thereon ) for their sabbath , prescribed by speci●ll lawes ; and we the first day of every week in memoriall of our saviours resurrection thereon , by the generall , morall equity of these laws warranted by apostolicall practise only , without any special gospel-precept . let then the whole army of tithe-oppugners render me one dram of reason , or shadow of answer if they canne , why all christian realms , churches , nations in the world , may not , should not by the self same rule of piety , justice , equity and proportion continue and render the like proportion of glebes , tithes to god and his ministers under the gospel , as the jews did to him , his priests , and levites under the law ; as well as they render to him the self same proportion of time for his weekly , publick service , and why payment of tithes under the gospel to god , who gives us both them and the residue of our estates , and encrease out of his own meere free grace , for the maintenance of the ministers of the gospel , and support of his publick worship on the lords day should be more judaicall , vnchristian , antichristian , superstition ( as canne and others stile it ) than the dedicating and appropriating of the lords day to gods publick worship , and honour , who hath given and allowed us the other fix for our imployments ; when as he might have justly reserved the nine parts of our lands and goods to himself , had he pleased , instead onely of the tenth , as well as the six dayes in lieu of the seventh , wherrewith he is content , which d divines usually urge men to induce men to the more chearfull sanctification of the lords day , and some scribler● against tithes as well as others . 9. that christians under the gospel are bound in justice , equity and conscience to give their hired servants & labourers their due and deserved wages , and not to detain it from them , even under the gospel , and that by vertue of gods command recorded in the leviticall and judiciall law. levit. 19 , 13. deut. 14. 14 , 15. approved in the gospel , col. 4. 1. and to allow their beasts and oxen that plow and tread out their corn , straw and provender , without muzling up their mouths , by vertue of a like precept recorded , deut. 25. 4. ( twice repeated and urged by the apostle in the new testament , to prove the lawfulnesse of ministers maintenance under the gospel : 1 cor. 9. 8 , 9 , 10. 1 tim. 5. 18. ) and that without the least suspition of judaisme or antichristianisme ; therefore they may , and are also bound in justice , equity , conscience , not onely to settle glebes upon , but likewise to pay tithes to the ministers of the gospel , as a due wages , hire and reward for their labour in the ministry , as well as the jews did to their priests and levites without the least tincture of judaisme or antichristianisme : since christ in the gospel resolves , math. 10. 10. luke 10. 7. and 1 tim. 5. 18. that ministers being labourers are worthy of their meat , hire , and a competent maintenance suitable to their pains and function ; as well as any other hired servants or labourers in the fields , or as our labouring oxen or horses are of straw and provender . 10. we read it recorded , 1 sam. 8. 11 , 15 , 17. that this would be the manner of the king that should reign over the jews , that amongst other things , he will take the tenth of your seed , and of your vineyards ; and the tenth of your sheep , & give them to his officers and servants ; in imitation wherof , the kings of england in ancient parliaments , and of late times have usually demanded and received by grant in parliament , a decime or tenth of the goods and estates of their subjects for their supplies , and likewise a tenth of their merchandise exported and imported for tonnage and poundage , as our parliament records , histories , and rastall in his abridgement of statutes , tithes , taxes and tenths attest . if then our lawfull kings , princes and governours under the gospel , may justly demand and receive by grantia parliament , the tenth of all our goods , corn , wooll , sheep , estates , merchandise , for their necessary supplies , and the defence of the kingdome ; and some who are no kings , and have engaged against kingship as tyrannicall , do the like without a parliament , being not only a tenth of all our estates , but a double and treble tenth of all mens yearly revenues and estates , and of ministers tithes besides , for the maintenance of themselves and the army , without the guilt of jvdaisme or antichristian tyranny , oppression or svperstition : why our faithfull ministers , may not likewise demand and enjoy their glebes , and tithes , not onely granted , but confirmed to them by our ancestors in successive parliaments , from the first planting of the gospel in this nation till the reformation ; all our protestant parliaments since the reformation , and by sundry ordinances in the very last parliament , ( to which some now in highest power gave their cordiall votes ) for the preaching and propagating of the gospel , and saving of mens souls , without the like brand of judaisme and antichristianisme , let e john canne resolve me when he can ; who most falsely , scandalously , and unchristianly brands both the last and all protestant parliaments confirming tithes , for popish , idolatrous parliaments , acting against the lord jesus , and our ministry , for antichristian ministry ; who certainly was in his cannes or cups , when he writ and published such palpable , scandalous untruths , to the dishonour of our church , parliaments , nation , religion : but such cretians are alwayes lyars , evil beasts , slow bellies : wherefore they need a sharp rebuke , that they may be sound in the faith , tit. 1. 12 , 13. he might have done better to excite those to whom he dedicates his pamphlet against those popish priests , monks , friars , jesuits , sent from the pope and rome into england of late to root out our ministry , and their maintenance , as most opposite to antichristianisme , and his papal s●veraignty and errors , under the notion of anabaptised dipped jews , gifted brethren , new lights , seekers , of which more in its due place . 11. that god in the leviticall and judiciall law prescribed laws for warre , and souldiers in the warres , deut. 20. throughout , and amongst others , v. 2 , 3 , 4. it shall be , when ye come nigh unto the battel , that the priest shall approach and speak unto the people , and shall say unto them ( for their encouragement ) hear o israel , you approach this day unto battel against y●ur enemies ; let not your hearts faint , fear not , and do not tremble , neither , be ye terrified because of them , for the lord your god is he that goeth with you , against your enemies to save you . after which , v. 8. &c. the officers are commanded to make proclamation , that every man , who was fearfull and faint-hearted should go and return to his house , left they should discourage their brethen , that they should proclaim peace to every city they came nigh , before they besieged or stormed it ; and if they won it by force , the souldiers should take the spoil thereof unto themselves , and eat the spoil of their enemies , which the lord their god had given them . and by another leviticall law the priests were thus enjoyned by god , to pray for and blesse his people , num. 6. 23. 24. &c. on this wise ye shall blesse the children of israel , saying to them , the lord blesse thee , and keep thee ; the lord make his face shine upon thee , and be gracious unto thee ; the lord lift up his countenance upon thee , and give thee peace : and they shall put my name upon the children of israel , and i will blesse them . if then it be neither jewish nor antichristian , nor superstitious nor unlawfull , for ministers of the gospel to encourage christian souldiers going to battel in the self same manner and form , or to blesse them and the people in these very leviticall words as f john canne and all anabaptisticall and independant chaplains of the army ( and mr. peters especially ) wlil grant , who have frequently used the sel● same or like encouragements and exhortations to the army , receiving good , constant pay for their pains . and if it be neither jewish nor antichristian , nor unchristian for our saintlike officers & soldiers under the gospel , to make like proclamation to cowardly persons , or to proclaim peace to cities and garrisons , ere they besiege or storm them , and if obstinate and won by force to take the spoil and plunder of such cities and enemies to themselves , and eat thereof , which i am certain all our officers , souldiers , and their anabaptisticall tithe-oppugning chaplains will grant and subscribe to , though thus prescribed by the leviticall law , abolished ( as they say ) by jesus christ . then questionlesse our ministers of the gospel may still receive and enjoy their gl●bes and tithes by like reason , without the least guilt or reproach of judaisme or antichristianisme , though prescribed to the levitical priests and levites , by the levitical law , else john canne and others of his fraternity ( professing themselves the only ministers of the gospel , and rejecting all others as antichristian ) must give over their chaplains places in the army , navy , garrisons , and no more encourage nor accompany any soldiers in the wars , or blesse the people , as aforesaid ; because it was a part of the levitical priests office ( who were also to blow the trumpets in the wars , num. 6. 1. to 10. josh . 6. 4 , &c. prescribed by an abolished levitical law . 12. that all israelites and jews both priests and people , were by the levitical law frequently commanded inviolably to perform , keep , pay and execute the solemn oathes , vows and covenants they made to god or men , and no wayes to infringe them , or prevaricate in them , levit. 19. 12. num. 21. 3 , 3. cap. 30. 2. to 16. deut. 12. 11. cap. 23. 21 , 22 , 23. josh . 2. 11 , 12 , 13. cap. 6. 22. to 26. cap. 9. 15. to the end . and among other things , we finde their tithes ( vowed to god by jacob , gen. 28. 20 , 21 , 22. ) coupled with their vows , as things devoted by them to god by vow , as well as reserved by law : deut. 12. 11. yea , all the jews were obliged by a solemn covenant to bring and pay their first fruits and tithes to god , his priests and levites . neh. 10. 31. to 39. will or dare john canne then , or any other tith-denyers aver , that it is both jewish , antichristian and unlawfull for ministers and christians under the gospel , inviolably to observe and perform all those just and lawful● oathes , vows , covenants , solemnly made to god and men , with hands lifted up to heaven ( as some of their perfidious horrid violations of them without blush or check of late seems to proclaim before god and all the world , and to pay those tithes and dues to our ministers , which our ancestors and we by solemn vows and covenants too , have dedicated unto god and his ministers , and never intended by our covenant to abolish or diminish in the least degree , ( as he perjuriously and absurdly asserts ) but to establish and perpetuate , as the late ordinances for tithes and augmentations made by the very prescribers and subscribers of the late solemn league and covenant ( which it seems john canne never took , though he presseth it on others , as his words many have sworn , who i hope will now observe it , import ) both at the time and since the making and taking of the solemn league and covenant , with the assemblies exhortation for the better taking thereof , authorised by the late parliament infallibly evidence . if so ; john canne with his perfidious oath-vow-covenant-breaking tith-abjuring disciples must renounce that true and onely god , they say they worship in greatest truth and sincerity ; as a jewish , unchristian , antichristian god likewise ( i speak it with reverence and honour too , for their fuller conviction ) because he alwayes hath been , now is , and will be , a most true , faithfull , oath-observing , covenant-keeping , vow-performing god , who reputes his oaths , vows , covenants , immutable things , and will never violate , falsifie , forget , or neglect them in the least degree , though made to sinfull , treacherous and perfidious men , psal . 89. 3 , 4 , 28. to 38. psal . 120. 4. neh. 1. 5. cap. 9. 32. psal . 111. 5 , 9. isa . 54. 10. cap. 55. 3. jer. 33. 20 , 21. luke 1. 72 , 73. and● chron. 21. 6 , 7. ( a memorable text ) 2 cor. 1. 18. which all those , who own or challenge him to be their god , are peremptorily obliged to imitate herein , or else they shall never enter into his holy hill , or dwell with him in his tabernacle , ps . 15. 1 , 2 , 14 psal . 24. 3 , 4. rom. 1. 31 , 32. 1 tim. 1. 10. rev. 22. 15. and that in this very case of tithes . if not , then why should not tithes and glebes , which many ministers and we have vowed and devoted to god , continue and still be paid under the gospel without superstition , sin , or judaisme , as well as other vows , oaths , and the religious observation of them . upon these considerations all or most christian kingdomes , states , churches , upon the very first preaching and embracing of the gospel amongst them , not onely edified churches and chappels for gods worship and publike assemblies , but likewise endowed the ministers thereof with convenient glebes and tithes , as eusebius , socrates scholasticus , theodoret , nicephorus , calistus , the century writers , baronius , spondanus , with other ecclesiastical historians , and hospinian de origine templorum , prove at large for forraign parts ; and our own ancientest annualists , with antiquitates ecclesiae brittanicae , sr. henry spelman , concilium angl. tom. 1. and learned dr. vsher , in his britanicarum ecclesiarum antiquitates , manifest for our own nations and realms . now because john canne , out of his ignorance , hath newly published in his * second voyce from the temple ( or ale-house rather , for which cannes are more proper ) that pope gregory the tenth was the first that ordained tithes to be paid to priests , in the year 1214. and that the customs for paying tithes at this day , were setled upon the kingdome by the popes legates in provinciall and synodall constitutions about the time of henry the third , and henry the fifth ; vouching thorpe and ridley the civilian , to prove it ; i shall give you a brief touch concerning the original of churches , glebes , tithes in this our island . a about the year of our lord 48. ( as our historians record ) joseph of aramathaea , who interred our saviour with xi . more disciples , were sent into britain to preach the gospel by philip the apostle , in the raign of arviragus , who arriving here were courteously entertained by this pagan king , and preaching the gospel to him , and his people ; he perceiving the purity of their doctrine , and the holinesse of their conversation , gave them twelve hides of land in the isle of avalon ( since called glastenbury ) for to build a church and support them , ( till this day called and known by the name , of the twelve hydes of glastenbury ) where they built the first church , erected for gods worship in this isle , made of wattle and reed , and there continued together preaching the gospel , and living upon this their glebe ( now of great value ) which was afterward confirmed to them , and the ministers of the gospel there succeeding them , both by marius and coilus , next successors to arviragus , whom they instructed in christian religion , to which they were well affected , albeit neither of them , nor arviragus himself proceeded so far as to be baptized , for fear of displeasing their pagan subjects ; though harding in his chronicle , chapter 48. ( against the stream of our other historians ) writes , that king arviragus himself was baptized by joseph of arimathaea . after this b lucius king of britain being converted to the christian faith and baptized , his subjects and many other petty british kings about the year of our lord 176. by faganus and domianus , sent to him at his earnest request by elutherius then bishop of rome ( long before pope or popery were there erected or known in the world ) he upon the reception of the faith builds and ●ndows ch●rches throughout his dominions with glebes and tithes , to support the ministry , whence our ancient poets thus write of him , lueius in christum credit , christoque dic●tas ecclesias dotat , distinct as ordinat vrbes . many of our ancient historians adde , that in his time there were 28 flamins , and three ar●h flamines in britain endowed with great revenues for the service of their idoll gods , to whom they had erected so many faire temples ; and that lucius after his conversion , turned these into 28 bishopricks , and three arch-bishopricks , and purging these polluted temples from their idols and heathenish pollutions , dedicated them to the service of the true god ; which sr. henry spelman , dr. vsher , godwin , and the most judicious of our later antiquaries , justly reject as fabulou● . after lucius , churches were here and in other places endowed with glebes , and bishops with rich lordly possessions by constantine the great : and about the year of christ ●12 . the christians being here and elsewhere restored to peace , and freed from persecution by constantine , c began to build and repair those churche● which dioclesian and other persecutors had rased to the ground , and to endow them with maintenance for the ministry . in succeeding times , the english saxons , who at their first arrival ( being bloudy pagans ) cruelly wasted the british churches , and butchered their ministers , schollers , saints , being converted to the christian faith by augustine , sent hither for that purpose by pope gregory the first , ( who disclaimed that papall supremacy his successors since challenged ) aethelbert , king of kent , and his saxons being baptised by augustine about the year of christ 603 thereup ▪ they began to repair the old ruinated churches , and to build new throughout his dominions ; this king turning his royall palace at * canterbury , into the church of christ , and that city , the seat of his kingdome into a bishops see , and bestowing them on augustine who converted him and his subjects to christianity , whom he made archbishop of canterbury , and endowed with large possessions : not long after divers other saxon kings and their subjects being converted and baptised , built & endowed sundry other churches , both with glebes & possessions of good value , and likewise with tithes . and in anno , 854. * aethelwolf king of the west saxons , considering the perillous times then fallen upon him and his realm , by reason of the burnings of the wars , the plunders of the goods , the devastations of the territories of his kingdome by the most cruel depredations of barbarous enemies , and pagan nations , and the manifold tribulations afflicting him and his people , even to their destruction ; he thereupon summoning a general councell or parliament at westchester , in which himself , bernredus , king of mercia , and edmund king of east angles , with all the prelates and nobles of england , were present , did by their wholesome counsel , for redresse of these evils by his charter ( ratified in and by this councell ) give the tenth part of all his own lands in perpetuity to god and his servants , free and exempt from all secular services , and also from all royall tributes , and taxes , great and small , and from all military expedition , building of bridges , and gvarding of castles ; that so they might the more diligently powre forth their prayers unto god for him without ceasing , who had in some part thus eased them of their servitude : from which grant of his , sir henry spelman conceives , the parsonage house , rectory and glebes in every parish of his realm , had its originall , though afterwards increased by the munificence of the patrons . and this shall suffice touching the true original and progresse of our churches , rectories and glebes , in the beginning of christianity , both amongst the britains , and saxons of this realm . the first law i find yet extant amongst us , for the due payment of all kind of tithes ( in use and being as the law imports , before its promulgation ) was made in the * nationall councel , ( or p●rliament ) at calchuth in the year of our lord , 785. in the reigns of king oswald and king offa , who by the unanimous consent of all their princes , nobles , and senators , ( as well as prelates , ) present therein , made this memorable decree , touching the payment of tithes , as a right and duty , which they were bound to render by god himself , by his own sacred law , originally given to the israelites , which they deemed obligatory likewise unto them : cap. 17. ut decimae justè solvantur , usura , iniqua pondera , & mensurae prohibeantur : thou shalt bring the tenth part of all thy corn ( or increase ) into the house of the lord thy god , as it is written in the law , ( viz. levit. 27. 30. numb . 12. 17 , 18. &c. deut. 12. 17 , 18. chap. 14. 22 , 23. neh. 10. 38. not in the popish canons ) again by the prophet ( not pope ) ( mal. 3. 10. &c. ) bring saith he , all the tithes into the storehouse , that there may be meat in my house , and prove me now therewith , if i will not open the doores of heaven , and powr you out a blessing , that there shall not be room enough to receive it . and i will rebuke the devourer for you , which eats and corrupts the fruit of your grounds , and the vine shall be no more barren in the field , saith the lord. as the wiseman saith ( in the book of wisdome , not the pope ) no man can give any just alms of those things which he possesseth , unlesse he shall first separate to the lord that which from the beginning himself hath appointed to be rendered to him . and by this for the most part it happens , that he who payes not tithes is reduced ( by gods justice ) to the tenth part of his former estate , whereupon ) not by any command from the pope , or by his authority ) we command , even with an obtestation , that all be studious to give tithes of all things they possesse , quia speciale dei donum est , becavse it is the pecvliar portion of the lord god : and let him love himself , and give alms of the nine parts ; and we perswade them rather to do it in secret , because it is written , when thou givest alms do not blow a trumpet before thee , mat. 6. 2. after which follows laws against usury , false weights & measures ; for the faithfvl performance of vows ; and abolishing the very reliques of all pagan rites ; warranted by the very words and presidents of the sacred scripture . which decrees being in a publick councel before the kings , and all their prelates , duke● senator● , and the people of the land : illi , cum omni devotione mentis , juxta possibilitatem virium suarum , adjuvante superna clementia , se in omnibus custodire devoverunt : who with all devotion of mind , according to the utermost of their power , by the assistance of gods grace vowed that they would observe them in all things : which they all did with an unanimous voice , a chearfull mind , and most ready will , ratifying this council with the subscriptions of their names , and the signe of the crosse ( the usuall form of those times before states were in use . this is the first law i find extant in our realm ) for the due payment of tithes , grounded onely on divine precepts , cited in it , not on the popes decrees . true it is , that gregory , bishop of ostia , legat to pope adrian , an englishman born , was president in this council , and had a chief hand in making these lawes , by this popes direction , to whom he returned them : but are they therefore popish and antichristian laws , which ought to be now abolished ( to gratifie the present pope and his emissaries the jesuits ) as made against jesus christ , as * john canne most magisterially determines ? if so , then these and our other laws then made against vsury , false weights , measures ( which too many cheating anabaptists use ) heathenish , pagan customes , must be popish and antichristian too , with the law for performing our vows and covenants to god and men ; the very scripture cited in them , whereon they are grounded ; which impudency and atheisme it self dares not affirm : if he say they are jewish laws , then the scriptures cited in them must be jewish too ; yea the , very title , and every page of his new pamphlet , must be rejected as jewish , as well as jesuitish ; being intituled , and superscribed in every page , a second voice from the temple : the temple being jewish , and abolished as well as tithes , 1 cor. 9. 13. john 4. 20. 21. which i wonder this blind zelot against judaisme and tithes , had not eyes to see , or brains to consider . now these our predecessors , and many others since , obliging themselves both by vows , laws , and covenants , to pay tithes of all to god and his ministers , as gods peculiar right , and god him self not onely enjoyning men in the old testament not to remove the ancient land-marks their fathers have ( duly ) set , prov. 22. 8. and to make good their ancestors oathes and vows , ( which oblige their posterity , as gen. 50. 24 , 25 , exod. 13. 19. josh . 24. 32. chap. 2. 12. to 22. chap. 6. 21. to 26. chap. 9. 15. to 27. chap. 10. 1. to 12. 2 sam. 21. 1. to 15. 1 sam. 20. 14 , 15 , 16 , 17 , 23 , 42. chap. 23. 8. chap. 24. 21. 2 chron. 16. 3. compared together resolve ) but likewise informing them in the new , as a gospel-truth , gal. 3. 15. that if it be but a mans covenant , if it be confirmed ( by many succ●ssive laws , statutes , curses and excommunications denounced against the infringers thereof in all succeeding ages , as this of tithes , and the churches rights and liberties have been ) no man disanulleth it : by what authority , right , law , reason , justice , conscience or power from god or men , any presuming mortals , at the sollicitations of anabaptists , jesuits , or atheisticall wretches , can sacrilegiously attempt to rob god himself , and plunder his faithfull ministers of this their ancient , just , hereditary , sacred , settled maintenance ( to which our ministers have a far ancienter , better right and title , by all lawes of god and man , than they have to their new acquired purchases and powers , established , settled on them by particular donors and benefactors out of their own private inheritances and estates , not the republicks , which neither the patrons themselves , nor any others , nor yet the ministers themselves can alienate from the church , as their own consciences and judgements must acknowledge , unlesse strangely cauterized ) let them and canne answer to that soveraign judge of all the earth ; who will probably judge them here , and shall certainly judge them eternally hereafter for all such detestable robberies , and violent rapines , if wilfully perpetrated and persevered in without repentance after timely admonition , who can quickly strip both them and theirs naked of all their temporall powers , honours , possessions , enjoyments , as he did jeroboam and his sonnes for their turning the priests and levites out of their possessions , and king ahab with his family for seising upon naboths vineyard , in a violent and unrighteous manner , though coloured over to delude the people with an hypocriticall fast , and feigned , legall proceedings , 1 kings 21. we read it recorded of our saviour , luke 12. 13 , 14. that when one of the company said unto him ; master , speak to my brother that he divide the inheritance with me : he returned them this answer , man who made me a jvdge or divider over yov ? let every person now sollicited by croaking anabaptists , jesuits and souldiers , or others , not onely to judge and divide , but utterly to abolish and take away our ministers necessary maintenance , ( not unnecessary abbots and prelates , lordly superfluities long since dissipated ) by glebes and tythes , return them the self same ; lest christ himself at the last day condemne them for over bold-intruders into such a supream jurisdiction over his , and his ministers , rights and callings too , as neither god nor man ever yet conferred on them . god himself prohibiting the sale , alienation , and substraction of his priests and levites necessary glebes , or tithes , and by consequence of our ministers ( as i have formerly observed ) and further informing all his , that it is a snare to a man to devour holy things , and after vows to make enquiry , prov. 20. 25. but of this second argument enough , the negative part whereof i shall prove more fully hereafter by way of answer to an objection . 3. i shall make good the proposition by arguments drawn from the new testament it self , which no wayes contradicts , but confirms the lawfulnesse of tithes . this i have already proved from heb. 7. 1. to 12. to which i shall refer the reader , and proceed to other texts , i shall begin with mat. 23. 23 , 24. and luke 11. 42. woe unto you scribes , and pharisees hypocrites , for ye pay tithes of mint , and annise and cvmmin , and all manner of herbs , and have omitted the weightier things of the law , judgement , mercy , and faith , and the love of god : these ovght ye to have done , and not to leave the other vndone : ye blind guides , which strain at a gnat , and swallow a camel. in which words our saviour him●elf , though he denounceth a woe against the hypocriticall pharisees , in being just and carefull in paying tithes , even of herbs and seeds of all sorts , of meanest value , and yet in the mean time neglecting works of righte●usnesse in matters of greater worth , and of charity towards man , and of faith and love toward god himself , straining at a gnat , and swallowing a camel ; so he positively resolves , that they ought not to omit the due and conscientious payment even of these lesser tithes of smallest value , much lesse then of their corn , wine , oyl , flocks , herds , which were of greater worth . and if the scribes and pharisees were no saints , but hypocrites for omitting these weightier duties , though they paid these smallest tithes ; what are these anabaptisticall scribes and pharisees , who , not onely against all rules of justice and charity towards men , but of faith and love to god ( which they even renounce ) rob god and his ministers , not onely of all their own tithes , small as well as great , but of those tithes which others would willingly pay them , and endevour totally to deprive them of those small rectories , glebes they yet enjoy , and of their ministry too ; and when they have * stript them stark naked of all they have , would eat their very flesh , and burn them with fire . certainly such are worse and greater hypocrites , than the scribes and pharisees , pretending conscience it self , for their most unreasonable dealing in this kind . such mens throats are so wide , that they can swallow not onely camels , but whole rectories , churches , steeples , with their lead , timber , bels , stone , ( to say no more ) for a breakfast ; all tithes in two or three parishes and throughout the land for a dinner , and the publick lands , revenues of the crown ( which should defray all ordinary publick charges for the peoples ease ) for a supper , that they may be supream , and every one of them like our saviour christ himself , both a priest , prophet , and a king , executing a plurality of these and three other offices , and their callings too all at once , to enrich themselves faster than all other men . this text was much insisted on by * john hus to prove tithes under the gospel to be pure alms , coupling it with the former verse , luke 11. 41. but rather give alms of such things as you have , and behold all things are clean unto you ; but certainly the text it self proves , that this referrs onely to the washing mentioned in the precedent verses ; and not to this subsequent clause concerning their payment of tithes , never stiled almes in any text ; and recorded by matthew , as a distinct woe , and sentence of it self ; without any mention of almes in the antecedent or subsequent verses : and john hus himself , together with augustine , chrysostome , hierome , and aquinas , ( there cited by him ) from hence conclude ; that tithes are lawfull under the gospel , as well as alms , forsomuch as the gift thereof unto the priest , did not cease in the time of christ : and saint augustine in his 219. sermon , of paying tithes , presseth the payment of them under the gospel , as a duty , by many enforcing arguments , before any popes decretall● for payment of them , or that we now call popery , was known in the world , saint ambrose before him doing the like , in sermone quadragesimae , cited by gratian. causa . 16. qu. 7. which had john canne , either known or considered , he would not with ▪ so much mistaken ignorance and impudence , have damned tithes as popish , &c. and the pleading for them , a pleading for babylon , and for baal : in his new second voice from the temple of babylon , or baal , which he please , not of old or new jerusalem . the nex gospel text , i shall cite , is that of gal. 6. 6. let him that is taught in the word , communicate to him that teacheth him in all good things : to which i shall subjoyn , 1 cor. 9. 11. if we have sowed unto you spiritual things , is it a great matter , if we shall reap your carnall things ? and rom. 15. 25. and their debtors they are : for if the gentile have been made partakers of their spiritual things , their duty is also to minister unt● them in carnall things . all these three gospel texts resolve , that ministers of the gospel , have a just due and right to a competent , comfortable share in all the good things , temporall blessings and necessaries for the support of this life , which the people instructed by them , and receiving spirituall things from them enjoy . and that the people are bound both by expresse precepts in the gospel , and the rules of common , moral equity and justice , chearfully to communicate and minister such a share of all their good things and temporal blessings , as a debt and due unto them for their ministring to them in spirituall things : which i fully proved in the first proposition , and impudency it self cannot deny . the sole question then is , what this share or portion ought to be , and who shall determine it in point of difference ? i confesse the apostle doth not decide either of these in terminis , those texts being general , and all in the plural number ; all good things ; your carnall things ; comprising all such things out of which tithes , predial , mixt or personal ( as canonists and lawyers distinguish them ) are or may be paid ▪ wherefore every faithfull christian , and spiritual son of god , and of faithfull abraham , ( whose footsteps and prefidents ) they are to follow , in all doubtfull cases ( admit this one ) to satisfie his conscience and judgement in this case , must and will resort to the prefidents of the eminentest saints in former ages , and gods own prescripts in other expresse texts ; and there finding the very father of the faithfull , abraham , giving , and his grandson jacob vowing , a tenth of all good things from his own people for the maintenance of his priests and levites , under the law ; and they cheerfully rendring it untill and in christs own time ; and that the very pharisees and scribes ( though hypocrites ) were so just , as to pay tithes of all , and christ resolving , that they ought to do it , and not leave it undone ; and that none before the apostles dayes ever gave lesse than a tenth part : ( as the premises largely evidence ) must and will necessarily conclude from all these sacred directories , that the ordinary and constant standing portion and proportion of all his goods and carnal things here prescribed , and intended by gods spirit , in the tenth part : and in extraordinary cas●s , more , when gods glory , the ministers necessities , the defence or propagation of the gospel require it : and when he shall further read in the gospel it self , that speech of zacheus , the converted publican , luke 19. 8. behold , lord , the half of my goods i give to the poor : and how the first converted christians and jews in the apostles dayes sold their lands and houses , and brought and laid the money at the apostles feet , act. 4. 5. his conscience ( which must not guide the word and spirit of god , as most mens consciences do now , but the word and spirit it and him too ) will and must from thence , conclude , that he must not give his faithfull minister lesse than a tenth part of all ; and in cases of extraordinary necessity , share even half his goods , yea , the price of all his lands and houses , between the ministers and poor saints of god , specially in times of persecution , when as he ought to hide , and feed them too , as godly obadiah did an hundred of the lords prophets , in the dayes of jezabel , at his own charge , with the hazard of his office and life , 1 kings 18. 4. 13. and if any mans conscience in a settled christian realm or state , be so obstinate or froward , as not to submit to the lowest proportion of a tenth , which all ages , and most or all setled christian realms have unanimously agreed upon , and confirmed by publike edicts , as well civil as ecclesiastical , whereof there are neer thousands in print ; the christian kings and magistrates ( who are to determine all controverfies of this nature , and state the due just proportion of this debt and duty between the minister and the people , where it is not publikely decided , and may justly enforce the due payment of it ( when and where it is determined by positive publike laws ) as a just debt , as they do in all other civil debts and accompts in controversie before them , ( as i shall prove in due place ) even by these very texts , though john canne denies it , in his vox praeterea nihil p , 14. to these i shall subjoyn that noted text in 1 cor. 9. 13 , 14. ( which john canne cites by piece-meal , as the devill did scripture , leaving out the principall branch ; mat. 4. 6. ) do ye not know that they , which minister about holy things , live of the things of the temple , and they that wait at the altar , are ●artakers with the altar ? even so hath the lord ordained ( this canne omits ) that they which preach the gospel , should live of the gospel . i have urged this text before for proof of the first ; i shall here apply it only to the second propositions confimation , as to tithes . 1. then we have here a divine gospel ordinance made by the lord of hosts himself , not repealable by any army or powers on earth , as well as parliamentary ordinances , for the maintenance of the preachers of the gospel : and let canne ( the poorest preacher of the gospell ever yet knew in england , ( except one of his fraternity , who heard him once preach an assize and fast sermon too at chard ) deny our ministers to be able preachers of the gospel , at the peril of his soul , though he denies them to be lawfull ministers of christ , and censures them as antichristian and popish : but why so ? because ( forsooth ) they had their ordination from rome ; and by consequence are traytors and felons too , by the statute of 27 eliz. c. 2. for which they might be legally executed for treason and felony , if the state were pleased to interpret the statute contrary , as he conceives , to the letter and form of it ; ( the words whereof he both curtals and misrecites , just as he did this text p. 5. to do him and his b●st friends a kindnes , & vindicate the lawfulnesse of our mi●isters calling again●● this ordinary slander ; and convince him of his grosse mistake ; i shall truly recite the statut● , thus intituled : jesuites and priests , in england shall depart , and none shall come into this realm . if so , then many dippers and speakers , administrators , members in anabaptisticall congregations , many new-lights and gifted-brethren in separate congregations ; many shakers , quakers , ranters , broachers of new notions , errours , blasphemies , throughout the realm , many new-polititians , levellers , agitators and soldiers in the army , if not some officers ; all the late converted pretended * jews , dipped in anabaptisticall congregations ( discovered and known to be disguised jesuites , purposely sent from rome , by the greatest sticklers against our ministers tithes and calling ) must presently depart , and none of them return into the kingdome ( as many have lately done ; or else be executed for traytors : but why so ? what is their crime , work and imployment here ; and by what marks or fruits shall we know and discover both them and their confederates ? let the words of the statute ( compared with all our late troubles and changes ) resolve the ignorant and incredulous , that there are many such amongst us , and of john cannes fraternity . w●ereas divers persons called or professed jesuites ( these canne wittingly conceals , and therefore is a felon by the law ) seminary priests and other priests , which have been , and from time to time are made in parts beyond the sea ; by , or according to the order and rites of the church of rome . ( and when canne can prove that all or any of our ministers were thus made ( as he hath confidently averred in print to those , he cals , the higher powers and supream authority of the nation ) let them be hanged for traytors and antichristian ministers in good earnest , else l●t him be hanged in their steed , for this his impudent slander of them all , as well independents as prebyterians : ) have of late years come and been sent into this realme of england ( and were any of our ministers such , and not rather canne himself , coming hither from amsterdam for the purposes following ) and other the queens dominions of purpose ( as it hath appeared , as well by some of their own examinations ( now out of date ) as by divers other manifest means and proofs ( more visible of late years than ever ) not onely to withdraw her highnesse subjects from their due obedience to her majestie , but also to st●r up and move sedition , rebellion , and open hostility within the same her highnesse realms and dominions , to the great indangering of the safety of her most royall person , and to the utter ruine , desolation and overthrow of the whole realm ( now effected as a realm ) if the same be not the sooner ( and now pray god it be not over late ) by some good means foreseen and prevented . for reformation whereof , be it ordained , &c. that all priests and jesuits ( canne cannot spy such good friends within the act , but deletes them out of it ) seminary priests , and other priests whatsoever , made and ordained out of the realm of england , &c. under the penalties therein mentioned . had canne pressed this statute to those he dedicates his pamphlet , for the speedy execution of it against those many jesuites and seminary priests now in england , for their traiterous practises and designes therein mentioned of late , and now driven on and almost compleated by them , it had been a commendable zeale ; but to write one word or syllable against these romish vermine , arch-engineers & janizaries of the romish see , now swarming among us , to rui●● our kingdomes , parliaments , laws , liberties , church ▪ ministers , ministry , religion , & forreign protestant states & churches now engaged by them in bloudy wars , both by land and sea ; and to omit th● very name of the jesuits ( the first popish agents mentioned and chiefly intended in this act ) and presse it onely against our ministers calling , ministry , tithes , and maintenance , of purpose to ruine them and theirs , and by consequence our church and religion ( the designe and scope of his whole pamphlet ) is such a malicious , unchristian , antichristian practise , as proclaims him to all the world , either a new converted jesuite , or romish factor , under the garb of an old anabaptist , or an over-grown cankered anabaptist , void of piety , honesty , and inspired by the very * father of lyes . for not one of our english ministers i know or hear of ( except two or three jesuits and priests crept into livings in staffordshire and elsewhere very lately , i know not by whose favour or negligence ) was ever ordained by any such jurisdiction or authority , as is here mentioned , which all our ministers ( and their ordainers too ; whether prelates or presbyters ) particularly and publickly abjured , both at the time of their respective ordinations and admissions to their benefices , and likewise when they took any degree of learning in our vniversities , by the two known famous oaths of supremacy and allegiance , purposely made and ratified by * sundry , zealous , protestant parliaments against the usurped papal jurisdiction and authority of the see of rome , and the popes , jesuits and papists practises , to blow up and destroy our protestant kings , parliaments , laws , liberties , religion , and subvert our kingly government , whole state and common-wealth , for the better discovering of them ; yet lately suspended , abrogated , as dangerous unlawfull oaths , by some of cannes good friends , who would be reputed zealots against the popes jurisdiction and his creatures too : now how those ministers of our church , who thus abjured the jurisdiction of rome , at the time of their very ordination , ( and their ordainers too , before them ) and since have don● the like in their solemne league and covenant , can without the highest slander be said to derive their ministry from it ; and that by canne & his jesuiticall & anabaptistical fraternity who , never took one of these oaths or the covenant ; and revile , repeal them as unlawful out of love to the popes jurisdiction , jesuits , priests , &c. or for want of zeal against them , ) let the world and this slanderers own conscience ( if he have any left ) determine . besides , who knows not ( but this ignoramus ) that the rites and ceremonies of ordination in the church of rome , recorded at large in ceremoniale , & pontificiale pontificum romanorum , and the ends of ordination likewise ( viz. to say masse , create their creator , offer up christ in sacrifice at the altar to his father , invocate saints , adore images , yield canonicall obedience to the pope and his supremacy , &c. ) are far different from the form and ends of our ministers ordination in the church of england , prescribed by the parl. 5. & 6. ed. 6. c. 1. & ratified by the statutes of 1 eliz. 2. c. 1 , 2. 5 eliz. c. 1. 8 eliz. c. 1. and 39 eliz ▪ c. 8. ( made onely by protestant parliaments ) as they particularly condemne , renounce the popes power and jurisdiction ; so they declare and resolve our ministers ordination to be lawfull ; and them * in very deed to be ministers , and rightly made , ordained and ●onsecrated , according to gods word , without any derivative power or ordination from the church of rome . and therefore for this new pander for the whore of rome to averre , they receive their ministry and ordination thence , is a notoriovs lye ; yea , but saith he , francis mason of consecration , and mr. yates in his modell of divinity prove and confesse , that the ministry of the church of england ( established by the law of the land ) is derived from the pope and rome . true , but in what sense ? onely by way of succession , as his own ministry and faith ( if he hath any ) were derived from john of leyden : or just as our bibles , religion , baptisme , churches were derived thence , and all now living with canne himself , derived from popish ancestors , many even from popes , popish priests , prelates , friars , by naturall generation . god used the popes of rome and their instruments to convert the britains and saxons from thei paganisme to the christian ( not papal or roman ) faith , which through gods mercy hath continued amongst us ever since ▪ yet mixed of later times with manifold popish errors and superstitions : these errors and superstitions , our godly martyrs , and by them our kings and parliaments discovering , did thereupon by speciall acts of parliament abolish , as derived from the church of rome , together with the popes usurped power , and gain , which they served onely to support , retaining onely the scriptures , sacraments , soul-saving doctrines thence derived by succession onely ( but authoritatively , and originally from god and christ himself ) with such godly , orthodox bishops and ministers , who though first ordained in the church of england when popish , did yet renounce all the popish errors , corruptions , with the popes supremacy , and all popish additionall rites to the form of their ordination and baptisme : ( which made neither of them void in substance , no more than their annexing of the apocrypha to the canonicall scriptures , made them uncanonicall ) these afterwards ordained other bishops and ministers without any popish rites , in such manner as the gospel prescribes ▪ which mr. mason and yates prove against the papists , to be a lawfull ordination , though not made by the popes authority , or according to former popish ceremonies . in this sense onely , they write the bare succession , not the office and calling of our ministers ( as this woodden canne mistakes ) was derived from the church of rome ; but their ministry it sel● from christs own institution . and if this makes them popish and antichristian , then all our protestant kings , parliaments , magistrates , judges , officers of all sorts must be popish too , if not paganish , because their predecessors were such : and all officers , souldiers of the army , and anabaptisticall saints too , who have purchased any lands or revenues of abbies , priories , archbishops , bishops , deans , chapters , must likewise be both antichristian and popish ; because their predecessors , who first enjoyed , and from whom they do derive them , were such . i hope therefore , they will all now renounce these their purchases to avoid the guilt and high scandall of popery and antichristianisme ; or disclaim this second , loud-lying voice against our ministers and their ministry , as a voice onely from a prophane , empty canne ; and not from a sacred temple . but to return from the lawfullnesse of our ministers calling , and to their tithes ; we have secondly in this text a gospel ordin●nce for their very tithes , confirmed by the old lev●ticall law , and grounded on its equity . but how doth this appear ? by these emphaticall words ; even so hath the lord ordained ( in the preterperfect tense ) that they which preach the gospel , should live of the gospel ; but where hath the lord ordained this ? the apostle thrice resolves expressely , that he hath done it in the leviticall law , ● . 9. for it is written in the laws of moses , ( deut. 25. 4. ) thou shalt not muzzle the mouth of the ox that treadeth out the corn , doth god take care for oxen ? or saith ●e it together for ovr sakes ? for ovr sakes no dovbt this is written : that he that ploweth should plow in hope , and he that thresheth in hope , shovld be partaker of his hope ; which he again recites , 1 tim. 5 , 18. it this precept concerning the meat and maintenance of oxen onely in the letter , though part of the levitical law , was doubtlesse written for , and really intended of the ministers of the gospels food and maintenance , and in full force under the gospel , as the apostle resolves then à fortiori ; the precepts of the law concerning the food and livelyhood of gods priests and levites under the law by gl●bes and tithes , not purely ceremoniall ( as i have already proved ) must doubtlesse be intended of them , and be in full force likewise in their naturall , equitable sence and proportion , in relation to their livelyhood for preaching of the gospel ; there being a greater analogy and proportion between them and preachers of the gospel , than betwixt them and oxen : and to put it out of doubt , he subjoyns ; do not ye know , that they which minister about holy things , live of the things of the temple ; and they which wait at the altar , are partakers with the altar ? to wit by go●s expresse ordinance in the leviticall law , which ye know , and therefore i need not particularly cite the words , as i did the other , of not neglecting the ox , &c. which was more obscure , and needed my former paraphrase on them ; but thus mind you of in the generall : and then he inferres and subjoyns : even so hath the lord ordained ( to wit by the very naturall , moral equity of the lawes and ordinances he made for the priests and levites maintenance by tithes and glebes , and free-will-offerings , for officiating in the temple , and at the altar under the law ) that the preachers of the gospel ( who now succeed , and supply their places , though in different services in the churches of christ under the gospel ) should live of the gospel ; even so fully , comfortably , and in such sort , as they did under the law. and to make this out more fully , and clear it from the censure of judaisme , take notice of these four particulars . 1. that in the holy ghosts and gospel phrase and language , there is a temple , among and for christians under the gospel , as well as among & for the jews under the law , ( else cannes voice from the temple , if there be no such place , must be thus amended in his next edition : a voice from the canne or alehouse ) and that this temple is nothing else , but the church , and saints of christ , 2 cor. 6. 16. 1 cor. 3 , 16 , 17. chap. 6. 19. ephes . 2. 21. 2 thess . 2. 4. rev. 3. 12. chap , 7. 15. chap. 11. 1 , 2 , 19. chap. 14 , 15. chap , 15. 5 , 6 , 8. chap. 16. 1 , 17. 2 that christians under the gospel , have likewise an altar as well as the jews , though different from theirs , heb. 13. 10. we have an altar whereof they have no right to eat which serve the tabernacle , mentioned oft , rev. 6. 9. chap. 8. 3 , 5. chap. 9. 13. ch . 14. 18. often coupled with the templ● , rev. 11. 1. rise , measure the temple of god and the altar . 3. we have sacrifices to be offered on the altar , as well as the jews in theirs . 1. the sacrifice of prayer , rev. 8. 3 , 4 , 5. 2. the sacrifice of praise , heb. 13 , 15. 3. the sacrifice of charity , alms and good works , heb. 13. 16. 4. our own bodies , which we must present as a living sacrifice , holy , acceptable unto god , by serving him according to his word , as rationall men , not beasts , that were both slain and sacrificed under the law , rom. 12. 1. 4. we have priests likewise to offer up these spirituall sacrifices , 1 pet. 2 , 9. rev. 1. 6. chap. 5. 10. chap. 20. 6. and these are three . 1. every sanctified christian , who must offer up the sacrifices of prayer , praise , alms , and his own body to god , in his private closet and family . 2. the ministers of the gospel , who must continually offer up these sacrifices in the peoples behalf , in publick here on earth : now the t●mple , for which we are to render them , not onely tithes and glebes , but a freewil offering of bounty and charity besides , a sacrifice acceptable and well pleasing to god , phil. 4. 16. 3. christ jesus himself , our altar and high priest too , now in heaven , heb. 13. 15. cap. 2. 17. c. 4. 14 , 15. c. 5. 10. c. 6. 20. c. 7. 17 , 20 , 21 , 22 , 27 , 28. c. 8. 1. c. 10. 21. and if christians have even under the gospel a temple , an altar , and spiritual sacrifices to offer them to god in publike , as well as the jews . why the priests , who minister about holy things in this evangelical temple , wait continually at this spirituall altar , and offer these spirituall sacrifices publikely unto god thereon , and preach the gospel likewise ( as the jewish priests and levites did teach and instruct the people in the law , 2 chron. 27. 7 , 8 , 9. cap. 35. 2 , 3. cap. 15. 3. ez●a 7. 25. neh. 8. 5 , to 12. ) should not receive both glebes , tithes and voluntary oblations from the people , as well as the priests and levites did under the law , by vertue of the self same levitical law of god , by which they claimed ●hem ( they being both the priests of the self same god , and both executing the self same priestly office in a different manner , and that by the apostles own argument , intention , and positive resolution in this gospel text , let canne and all other oppugners of their tithes resolve me and others , from as clear gospel texts these i have here alledged , and others formely insisted on in the first proposition , or else yeeld their cause for ever lost . i shall close up all with two other gospel texts , most urged and abused by those now in their own cases , who most of all forgot , transgressed and oppugned them heretofore in other mens . the first is , 1 pet. 2. 13 , 14. submit your selves to every ordinance of man for the lords sake , whether it be to the king as supream ; or unto governours , &c. the second , rom. 13. 1 , 2. let every soul be subject unto the higher powers , for there is no power bvt of god : the powers that are , are ordained of god ; whosoever therefore resisieth the power ▪ the ordinance of god ; and they that resist shall receive to themselves damnation . that these two scriptures extend only to lawfull ●ereditary , or elective kings . governours , higher powers , and that in their lawful commands , alone ; not to usurpers , tyrants , invaders of the peoples rights , laws , liberties , properties , lives ( who may and ought to be resisted , as well as any other theeves , robbers , invaders , murtherers whatsoever ) i have largly proved in my second part of my soveraign power of parliaments and kingdomes , ( authorized by the commons house of parliament ) p. 102 to 131. to which i shall refe●r the reader for satisfaction , not being the point in issue , to which alone i shall apply them . in the former text last insisted on , we had an ordinance of god himself for the maintenance and tithes of the preachers of the gospel : and here we have , two gospel commandements to submit to every ordinance of our lawfull governours , and higher powers ( agreeable to gods ordinances , not repugnant to them ) for the lords sake , and not to resist them : for though the ordinances themselves be made but by men ; and in that sence sti●ed , every ordinance of man ; yet the powers that make them , are ordained of god ; and therefore those who resist them in their humane ordinances , though but in humane things , do therein resist the very ordinance of god ; especially in things divine commanded by and approved in gods own sacred word . now the maintenance of gods ministers by tithes , is an expresse ordinance of god himself , both before and during the law , and under the gospel too , prescribed , warranted by all the forecited texts : and there are infinite laws , statutes , decrees , canons , ordinances of just and lawfull christian emperours , kings , governours , parliaments , states , councels , synods and all higher powers as well civill as ecclesiastical in all christian kingdomes , states , churches , especially in our own , for the establishment and due payment of them to the ministers and preachers of the gospel too : therefore they are duly , constantly , chearfully to be paid unto them by all christians and professors of the very gospel , and cannot , may not be oppugned , detained , substracted , resisted by john canne or any of his confederates , nor abrogated by any pretending to power ordained by god , without resisting the ordinance of god himself , fighting against him ; as these texts and acts 5. 39. resolve . for which they shall receive to themselves damnation , though they dream ( as many now do ) they shou●d merit heaven and salvation , by subverting both tithes and ministers , even by open armed violence , if they cannot accomplish it by jesuitical policy , and pious frauds . and thus much for the confirmation of the second proposition by scripture texts and presidents . for humane authorities , that tithes are lawfull and due to ministers by a divine right even under the gospel ; i could cite very many , were i neer my library and books as heretofore , but being far distant from them , i shall trouble you onely with a catalogue of such as i have by me , or remember : for fathers of this judgement and opinion you may peruse st. ambrose in sermone quadragesimae , cited by gratian , causa 16. qu. 7. st. hierome on mal. 3. and st. augustine serm. 219. de reddendis decimis tom. 10. both cited by gratian causa 16. qu. 1. for councils , you may peruse concilium rothomagense & maforiense in gratian. causa 16. qu. 7. concilium matisconense 2. anno 588. concilium apud solomanum . anno 1266. synodus rothingae an. 1581. concilium trevense ann. 1427. ( which resolves , decimae fuerunt à deo primitus institutae ; & ●raecipiuntur solvi tam de veteri , quam de novo testamento ) syndus lingon ann. 1404. synodus turonensis an. 1588. concilium tridentinum ; & tholosanum . ann. 1591. which decree , that the payment of tithes , divino jure cautum est , sacrisque utriusque testamenti libris confirmatum . all these collected together by bochillus decreto ecclesiae gallicanae l. 6. tit. 8. de decimis , with many more recorded in binius , sarius , crab , caranza , merlin , syrmond , and other collectors of the decrees of councils , resolve , tithes to be due to the ministers of the gospel by divine right . for forreign popish authors , * aimericus bishop of poitiers in france in a synod there held , an. 1367. enjoyned all chaplains on lords-dayes and holy-dayes diligently to declare to the people in time of masse , and likewise in their sermons under pain of excommunication . qualiter ex praecepto divinae legis , quilibet catholicus tenetur solvere ecclesiae decimas de omnibus licite acquisitis : gratian the canonist caus . 16. qu. 1. & 7. with john therry , and others glossers on his text ; hostiensis in his summa aurea , angelus de clavasio in his summa angelica : baptista tirvomala , in his summa rossella : tit. decimae ; innocentius , res . de decimis , rezulfus de decimis . tyndanus in his special tract de decimis , printed at colen , an. 1590. and generally all other canonists . alexander alensis , summa theol. parte 3. richardus de media vissa in lib. 4. sentent . distinct . 17. and most other schoolmen on that place . aquinas 2. 2. quaest . 87. with most commentators on him there assert . that tithes are even at this day jure divino , in quantum sunt à jure naturali & morali , but not as they were ceremonial . that popish old and new expositors and commentators on gen ▪ 14 and 28. levit. 2. chron. 31. neh. 10. and 13. mal. 3. mat. 10. luke 10. rom. 16. 1 cor. 9. gal. 6. 6. 1 thess . 5. heb. 7. 1 tim. 5. are all of the same opinion , and most protestant expositors likewise . and therefore the jesui●● , popish priests , papists activity , businesse now in declaming against english tithes as popish and antichristian , against th● decrees and resolutions of their own councels , canonists , ca●uists , schoolmen , expositors , can proceed from no other ground but a malicious designe to subvert , starve and ruine our ministers for want of maintenance , and thereby extirpate our religion to advance their own ; and then they will cry and set up tithes again as much as ever . the judgement of forreign protestant divines concerning the divine right of ministers maintenance , and that by tithes were setled , and the sacrilegious impiety of those , who would rob them of it , you may read in their commentaries and expositions on the texts forecited . let learned nicholas hemingius speak for them all in his words already cited ; and in his exposi●ion on gal. 6. 6. p. 175. dicit scriptura , bovi trituranti non obligabis os . et dignus est operarius mereede sua : indignissimus igitur christiano nomine censendus est , qui ministros evangelii totius ecclesiae curam gerentes negligit . bestia quamvis immanior est ( let canne and his confederates remember it ) qui eos odio prosequitur & prascindit , quorum ministerio ad salutem , & immortalitatem invitatur . sed proh dolor ! bona pars mundi ( and never so much as now ) huc incumbit , ut potius allquid adimat ministerio , quam addat , tanta est ingratitude & perversitas , etiam illorum , qui sacrilege gloriari de christiano nomine . horum sanè factum , nihil defferre arbitror à sacrilegio & latrocinio , cu●us poenas olim luent architecti & fabri hujus mali . non est quod quisquam quaerat subterfugia , quibus se excuset , cur minus sit liberalis erga ministr●s evangelii : oculos quidem hominum fallere potest ; sed deus non fallitur , in cujus contemptum alia at qu● alia praetexunt ingrati . hic tres loei observantur : primus , quod victus & alia officia debeantur oeconomis mysteriorum dei , seu catechesis . secundus , quod perniciosus error fit , non prudentia , defraudare ministros su● debita mercede . tertius , quod spiritus sanctus in paulo interpretetur , derisionem majestatis divinae est , negare victum & alia officia verbi doctoribus . for our own domestick councils , parliaments and writers judgment herein ; * egbert archbishop of york , in his excerptions about the year of christ , an. 750. c. 4. 99 , 100. the national council of calchuch under king oswald and offa , ann 787 c. 17. forecited . the famous councel of patelean , under king athelstan , ann . 928. cap. 1. de decimis sollicitè reddendis ; odo archbishop of canterbury in his constitutions , ann . 943. c. 10. de decimis reddendis . the canons under king edgar , about the year 967. can. 54. the ecclesiastical laws of king aethelred , ann . 1012 ▪ cap. 4. the ecclesiastical laws of edward the confessor , c. 8. confirmed by wlilliam the conquerour . the popish schoolmen , canonists , and commentators on the texts forecited , ( whose names , i pretermit ) resolve in positive terms , that tithes are due to god and his ministers under the gospel , by divine right . the same is asserted by divers of our protestant divines , particularly by dr. george carleton , in his treatise intituled . tithe● proved to be due by a divine right , printed at london 1606. by richard mountague , in his diairibe on the first part of the history of tithes , london 1628. by robert tileslee , his animadversions on mr. seldens history of tithes , london 1619. mr. samue● purchase in his pilgrimage l. 2. c. 7. with sundry others . and though some english writers are of a different opinion , yet all accord , that being setled by our laws , they are duly to be paid , even in point of justice and conscience , and that they are not simply unlawfull ; but a fitting maintenance under the gospel , which mr. selden in his history of tithes doth affirm , and no wayes oppose : seeing then all these , with the laws of sundry other authorities , conclude them to be of divine right , and a grievous sin and sacrilege against god to substract or abolish them ; & those , who oppugne their divine right under the gospel , do affirm , it is no sin , but a bounden debt and duty to pay them , as setled by humane grants , donations , vows , laws , canons , constitutions , prescriptions time out of minde ; how any bearing the name of christians , can or dare with open face oppugn , detain , or attempt their total abrogation now , as jewish or antichristian , i referre it to their own consciences , and others resolutions to determine . i shall answer one grand objection against ministers tithes , under the gospel ; and so close up this chapter . neither jesus christ himself , nor his apostles , nor the ministers of the primitive church for two or three hundred years after them , received tithes for preaching the gospel , but lived onely upon the peoples alms and voluntary contributions . therefore the ministers of the gospel likewise after them ought to receive no tithes of the people for preaching the gospel , but to live upon alms and voluntary contributions , as they did . this was william thorpes chief argument against tithes , fox acts and monuments , vol. 1. p. 699 , 700. who addes , that those priests , who will challenge or take tithes , deny that christ is come in the flesh , and do the priests office of the old law , for whom tithes were granted , for else priests take now tithes wrongfully ; citing this , not as his own , but a doctors opinion , whose name he remembred not , but thought it was st. jerome ( or rather st. canne ) in his new voyce p. 13 , 14 , 15. who delivers this for orthodox doctrine ; which st. * jerome contradicts , with all other ancient doctors i have read . ans . to this i reply , 1. that christ and his apostles lived amongst the jews , who at that time were obliged by gods own law to pay their tithes onely to such priests and levites as were of the tribe of levi , of which tribe christ and his apostles were not , and therefore they challenged not tithes from them , heb. 7. 5. to 15. 2. they then paid their tithes duly to their priests and levites ( mention●● john 1. 19. ) for which christ commended them , resolving they ought not to omit it , matth. 23. 23. luke 11. 42. chap. 18. 12. therefore it was no reason they should pay them over again to christ or his apostles ( no more than papists , who pay tithes in kind against their wills unto our minister , though not to their own priests , but onely voluntary contribution ) whiles their priesthood stood in force , which they generally submitted to . 3. the totall abrogation of the leviticall priesthood , and ceremonies by the death of christ , was not certainly known to , nor resolved by the apostles and believing jews or gentiles , till some years space after our saviours ascension , as is evident by acts 15. in the great case of circumcision , about which there was a synod assembled by pauls circumcising timothy after this , because of the jews . acts 16. 3. and purifying himself , and shaving his head after the jewish manner , many years afterward acts 21. 20. to 28. which he being a jew was obliged even then to observe to avoid scandall , but not to the gentiles . therefore tithes amongst the jews , were then still paid to their leviticall priests , and not to the apostles . 4. though christ whiles on earth , received no tithes from the jews , yet he had a just right and title to tithes from abraham and all his posterity , and the leviticall priests themselves ( especially after their abolition ) as he was a priest for ever after the order of melchisedech , to whom abraham himself and the levites then in his loins paid tithes of all , heb. 7. 1. to 15. ( of which at large before : ) therefore he had a just right to receive tithes from them , both before and after the leviticall priesthood was abolished , which he might have both lawfully claimed and exercised , and his apostles likewise in his right , though they did it not . we read that christ had a just right and title by inheritance , and lineall descent from his father king david to the temporall crown and kingdome of judah ; and is therefore said by the wisemen matth. 2. 2. to be born king of the jews ( an unanswerable argument for the lawfulnesse and excellency of hereditary titles to crowns and kingdomes , before that of election onely , wherewith i frequently silenced vapouring souldiers against hereditary kingship , being the very title of christ himself , both to his a spirituall and temporall kingdome , and that which b god instituted amongst his church and people , as the best , the surest of all other , c taken up by most heathen nations ; ) now though christ neither claimed nor exercised this his temporall right ; but avoided it , when the people would have made him king by force , john 6. 15. who yet after cryed him for the king of israel , john 12. 13 , 15. which even pilate himself acknowledged ; when he said unto the jews behold your king : demanded of them shall i crucifie your king ? and wrote and fixed this title on his crosse , jesus of nazareth king of the jews john. 19 14 , 15 , 19. will or can john canne , or any other of his confederates , h●nce justly inf●rre ; that it was unlawfull for christ himself , right heir by descent to his hereditary temporall kingdome , kept and thrust out thereof by usurping herod ( who murdered all the infants in bethlehem , and the coasts thereof that were two years old and under , and should haue murdered our saviour himself to secure his own usurped power , mat. 2. 13 , 16. ( such is the bloudy cruelty and jealousie of usurpers , to have claimed or exercised this his just , hereditary right to the crown , or unlawfull for the people to have thrust out this bloudy intruder , herod by force from his usurped authority and made christ king as they intended , or because christ did then voluntarily forbear and relinquish his right to herod , that it is therefore unlawfull , for any other hereditary christian king or right heir to a crown , kept from , or thrust out of his throne and kingdome by armed violence against the generality of his peoples desires , by any aspiring , usurping herod , to lay claim to his crown or kingdome , or for the faithfull , naturall born subjects , according to their duty , oathes , and allegiance , to endevour by all lawfull means , and open force to exp●ll , dethrone such herods , and crown and set their lawfull soveraign on the throne of the kingdome . doubtlesse they cannot be so absurdly stupid , as affirm it , seeing jeboiadah the high priest , the captains of hundreds , levites , souldiers and people too , thrust out ath●liah ( the bloudy usurper of the kingdome and throne of judah ) in the seventh year of her usurpation , and crowned joash the kings son , as the lord had said of the sons of david , and set him king vpon the throne of the kingdome : whereupon all the people of the land rejoyced and the city was quiet : as is recorded at large to their eternall honour by god himself , and for others imitation in the like case , 2 chron. 23. and 2 kings 11. and seeing all may justly lay claim to , and repossesse themselves of such lands , houses , goods , as others forcibly detain or take from them against all law , right , notwithstanding christs non-claim to his rightfull crown : then by the self same reason our ministers of the gospel now may lawfully take and challenge tithes from the people , though christ and his apostles did not , albeit they had a just right and title to them , which they might have exercised had they pleased without sin , or judaisme , as our ministers do now . to clear which right from judaisme and all other cevills beyond all contradiction , i shall cite onely two proph●●ies , relating joyntly to christs kingdome , and ministers u●der the gospel . the first is jer. 33. 15. to the end . in those dayes and at that time will i cause the branch of righteousnesse to grow up unto david , and he shall execute righteousnesse , and judgement in the land. in those dayes shall judah be saved , and jerusalem shall dwell safely , and this is the name wherewith he shall be called , the lord our righteousnesse . for thus saith the lord , david shall never want a man to sit upon the throne of the house of israel : neither the priests , the levites , want a man before me to offer burnt-offerings , and to kindle meat-offerings , and to do sacrifices continually . thus saith the lord , if you can break my coven●nt of the day , and my covenant of the night , so that there should not be day and night in their season : then may also my covenant be broken with david my servant , that he should not have a son to reign upon his throne , and with the levites the priests my ministers . as the host of heaven cannot be numbred , neither the sand of the sea measured , so will i multiply the seed of david my servant , and the levites that minister unto me , &c. the 2d is isa . 66. 18. to 22 i will gather all nations , and tongues and they shall come and see my glory , and i will set a signe among them , and i will send those that escape of them unto the nations , and to tarshish , &c. and to the isles afar off ( whereof england is chief and principally intended ) and they shall bring all your brethren for an * offering unto the lord out of all nations , upon horses and in chariots , and in litters , and upon mules , and upon swift be●sts , to my holy movntain in jervsalem , saith the lord , as the children of israel bring on offering in a clean vessell vnto the hovse of the lord , and i will also take of them for priests and for levites , saith the lord. from which texts i shall observe ; 1. that as christs title to his everlasting spirituall kingdome under the gospel , over all the converted gentiles , as well as jews , is expressely set forth to be neither elective , nor by conquest , but by descent * heirship and lineall succession from king david ; and all the regenerated sons of god by their right of son-ship , and new-birth , even in like sort intituled to the kingdome of heaven ( whence they are stiled heirs and inheritors of the king-dome , jam. 2. 5. gal. 3. 27. rom. 8. 17. titus 3 , 17. heb. 1. 14. chap. 6. 17. 1 pet. 3. 7. mat. 25. 34. and this kingdome the inheritance of the saints , col. 1. 12. ephes . 1. 11. 14 , 18. 1. pet. 1. 4. acts 20. 32. an unanswerable argument , that heirship and birthright is the best , surest , jestest , honourablest , lawfullest title of all other to crowns , kingdomes , and possessions on earth , being the very title of christ himself to his everlasting kingship , and kingdome , and of the saints in and by christ , to the kingdome of heaven it self , and crown of glory ; ) so the seat and throne of this his kingdome , is said to be zion and jerusalem : ( most emphatically expressed , isa . 24. 23. the lord of hosts shall reign in mount zion , and in jerusalem , before his ancients gloriously ) a typ● of the church of god under the gospel , first planted in , and propagated from thence throughout the world , according to the prophesies isaiah 2. 3. michah 4. 2. ) whence the church under the gospel is called the new jerusalem , &c. rev. 3. 12. chap. 21. 2 , 10. gal. 4. 26. heb. 12. 22. 2. that the ministers of , and under the gospel , are expresly stiled in these prophesies priests and levites , severall times . 3. that their office under the gospel in a mysticall sence , is to offer bu●nt-offerings , to bake or kindle meat-offerings , to do sacrifices continually , and to minister unto god. 4. that these priests and levites , should be taken out of the converted gentiles , and isles afar off , whereof our isle was chief . 5. priests and levites should never fail , cease , nor want a man under the gospel , and that would multiply them as the host of heaven , as well as the seed of david . 6. that they should convert and bring their brethren for an offering out of all nations , and the isles afar off , to gods mountain and house in jerusalem , as the children of israel used to bring their offerings thither . since therefore the ministers of the gopel in these prophesies are thus expressely stiled priests and levites , and are to offer burnt-offerings , meat-offerings , sacrifices and oblations to god in his mountain and house at jerusalem , &c. under david their king , in an evangelicall sence ; without any judaisme or denying of christs coming in the flesh ; they may undoubtedly in the self same sence and right , receive all glebes , tithes , oblations , and other dues from christians , and converted jews under the gospel , as the priests and levites did at jerusalem under king david and his successors ; seeing they succeed them in their office in an evangelicall sence , according to these prophesies which as strongly confirm the maintenance of their priestly function , their tithe● , as their evangelicall priesthood . 7. although christ , his apostles , and the ministers of the gospel in the primitive times , whiles the church was in the * wildernesse under grievous , blo●dy , antichristian kings , magistrates , persecutours , by reason of the present persecution , neither did nor could receive tithes and gleb●s for their maintenances from the persecuted christians , and therefore were necessitated to live by private contribution and extraordinary wages in that case of extremity , yet it no wayes follows , that therefore all ministers of the gospel afterwards shall do so in setled kingdomes , states , nations converted to the saith ; where kings , magistrates , people doe all generally embrace and professe the gospel , and where churches are established , and ministers glebes and tithes are or may be confirmed by setled laws : which i shall irrefragably prove by these instances . 1. the priests and levites under the law , had no glebes or tithes at all , whiles the israelites wandred 40 years together in the wildernesse , though they had then * a la● , and right to receive them . will the objectors thence inferr● , therefore they ought to have no tithes nor glebes when the israelites were possessors of and setledin the land of canaan in peace ; when they enjoyed both without dispute ? 2. the priests and levites had no tithes nor glebes in the realm of israel under the vsurper jeroboam , and his idolatrous successors , who deprived them of their possessions , cities , suburbes , tithes and priest office too , 2 chron. 11. 13 , 14. c. 13. 9. therefore , the priests and levites in the kingdome of judah , might not lawfully claim nor enjoy any glebes or tithes , nor ministers under the gospel , nor yet those in israel , under david and solomon , who were no persecutors but patrons of them . 3. when both these kingdoms with their priest and levites were carried away captives into assyria and babylon ; the priests and levites during the 70 years captivity enjoyed neither glebes nor tithes : will it them follow : therefore they might lawfully enjoy neither , after their restitution to their country and execution of their priestly function , and the reedifying of the temple ; as we read they did : neh. 10. 38. c. 12. 44. c. 13. 1. to 13. and the people charged with robbing of god , when they neglected to pay tithes and oblations to them , mal. 3. 7 , 8 , 9 , 10. 4. christ himself , so soon as born was forced to fly out of his country into aegypt , by bloudy herod , and to remain there till after his death . mat. 2. 13 , 14 , 15. after which he complained , that foxes had holes , and birds of the ayre nests ; yet he had not where to lay his head , mat. 8. 20. luke 9. 58 , and at last , he was apprehended , mocked , reviled , crowned with thorns , crucified by the malicious jews and soldiers , who parted his garments among them , and cast lots upon his vesture : the evang●lists closing up the tragedy of his passion with this perpetuall brand upon the domineering cruell soldiers : these things therefore the soldiers did : john 19. 24. for which , and for reporting a lye to smother the truth of christs resurrection , the high priest gave large money to the soldiers besides , matt. 28. 12 , 15. will canne therefore hence conclude ; theresore our souldiers now must force our ministers to fly into aegypt-till herods death ; leave them neither rectory , personage house , or vicarge , nor yet so much as a bed , bolster , tith-hay or straw , whereon to lay their heads ; and naile them to the crosse , pierce their sides with spears-points , revile , deride them , and at last part not only all their glebes , tithes and goods , but their very garments and gowns between them ? surely if they must and shall do so ; let them beware of another perpetual memento like the former . these things therefore , the soldiers did : so the soldiers took the mony , and did as they were taught by canne and popish priests and jesuits . 5. the apostles who succeeded our saviour in those dayes of persecution , were thus handled by pauls own relation , 1 cor. 4. 9 , &c. we are made a spectacle unto the world , unto angels and to men : we are fools for christs sake , we are weake , we are despised : even to this present houre , we are hungry and thirst , and are naked , and are buffeted , and have no certain dwelling place , we are reviled , persecuted , defamed ; we are as the filth of the world , and the off-scouring of all things unto this day . if all ministers in times of peace and setlement must be like the apostles , in not receiving ti●hes ; then they must be like them too even in setled christian kingdoms , states , churches , in all these their particular sufferings ; and have no certain dwelling place , &c. and if so ; let canne & his new ministers of the gospel ( as they stile themselves ) begin the president ; of whom our ministers may now say , as paul did of the corinthians in the precedent verse of this chapter v. 8. now ye are full , nowye are rich , ye have reigned as kings , without us : when as most of them were very poore , and farre enough from reigning as kings , or so much as petty constables before these unhappy wars , and in dayes of former persecution , when canne himself durst not shew his face in england for fear of a bishops power , or high-commission pursuivant ; nor durst reproach our orthodox protestant pious ministers , and parliaments as antichristian , popish ; and compare their laws for ministers tithes , with the very idolatrous statutes of omri and a●ab ( as he doth now p. 3. ) for which he might have taken a turn at tiburn , in steed of walking fre●ly in westminster hall , without being questioned for this his impudent high slanders both of our laws and parliaments , as well as ministry . 6. if the m●nisters of the gospel be bound to imitate the apostles in all things ; then they must not have gold nor silver , nor brasse in their purses , neither scrip nor two coats , nor yet shoes , but sandals onely on their feet , mat. 10. 9 , 10. mar. 6. 8 , 9. as the capuchin-friars mendicants hence conclude : this being a positive precept , the objected examples of the apostles , &c. onely a a president . and if so , not onely all our ministers , but canne and all his administrators , must turn friars mendican●s too in good earnest , ( who ground their vow of voluntary poverty on this text ; and the objected presidents of christ and his apostles ) and so become no ministers of christ , but antichrist , and as truly antichristian as these friars are . 7. if our ministers must all now be like those of the primitive times , whiles under persecuting heathen emperours , kings , magistrates , then all saints and christians too in our dayes , and times must imitate and be like the saints and christians in those dayes : they must sell all their old and new purchased lands , houses , lordships , palaces , and lay the money at the ministers feet , have all things in common like the reall saints and christians in the apostles times , acts 4. 34. to the end , and instead of lording and feasting it in their new acquired royall , episcopall palaces , and mannor houses , they must wander about in sheep-skins , and goat-skins , in desarts and in mountains , and in dens and caves of the earth , being destitute and affli●ted , like the saints of old ; yea , and like them they must be tortured , not accepting deliverance , have trialls of cruell mockings and scourgings , bonds and imprisonments , be stoned , sawn asunder , slain with the sword , instead of slaying , plundering , imprisoning and sawing others asunder with the sword , heb. 11. 35. to 39. and when our army-saints , officers , souldiers , with other tithe oppugners , who presse this objection against ministers tithes , shall lay down their arms , commands , power , lands , sell all they have and become like to all these primitive saints and martyrs of christ in sufferings , in times of persecution , i doubt not , but our ministers will joyfully part both with their glebes , rectories , tithes , and setled maintenance to sympathize with them in their persecutions and sufferings . but til● such hard times of persecutions , and they begin to follow this president of the self-denying primitive s●ints . i hope they will not make all our ministers present martyrs in their tithes and setled maintenance , nor enjoyn them alone to follow the primitive ministers of the gospel in those times of persecution ; and prove greater persecutors to them in these pretended times of christian liberty and justice , than the late oppressing prelates and high commissioners , who suffered many of them ( though non-conformists ) to enjoy their tithes and glebes ; and not eject or disinherit them and their successors for ever , of their ancient glebes , tithes , and setled maintenance , without any legall tri●ll by their peers , or conviction of any treasonable crimes against our known lawes , for which they deserve to forfeit them ; and all under the false petence , that tithes are jewish and antichristian under the gospel , which i hope i have sufficiently refuted ( being established on them by ch●istian kings , states , parliaments , immediately after the primitive persecutions , generally throughout christendome , as the fittest maintenance of all other , and particularly in our realm , when as the abolishing of them will be really such in the judgement of all godly protestants and patrons of religion , both at home and throughout the world. fins . notes, typically marginal, from the original text notes for div a91192-e1260 a isa . 45. 15. & 46. 9. b mat. west . an. 1055. p. 422. antiq. eccles . brit. ● . 88 , 89. c psal . 73. 25. d act. 17. 28. e psal . 73. 26 f 1 thess . 5. 23. rom. 11. 36. psal . 139. 15 , 16 , 17. g psal . 100. 1 , 2 , 3. 1 cor. 6. 19 , 20. 2 cor. 5. 14 , 15. job 7. 20. gen. 48. 16. h dan 6. 16. i 2 tim. 4. 17. k dan. 3. 19 , 20 , &c. l jona . 1. & 2. m in my histriomast●x , healths sicknesse , love-locks , cosens cosening devotions , breviate , quench-cole , memento , speech in parliament , and other books . n jude 3. levit. 19. 17. tit. 1. 13. o rom. 13. 1 , 2. p deut. 7. 9. neh. 1. 5. p●a . 89. ● . 28. to 38 ▪ & 110 4. & 11● . 5. jer. 33. 20 , 21 , &c. heb. 5. 17 , 18. q gen 50. 5 ▪ 6 levit. 19. 12. num. 30. 2. josh . 1. 17. & 6. 22. & . 9. 15 , to 22. psal . 15. 4. hos . 10. 4. zech. 5 4. eccles . 8. 2. ezek. 17. 16 , 18 , 19. r prov. 24. 21 , 22. rom. 16 ▪ 17. 2 ti● . 3. 1 , to . 8. s revel . ●● 1 , 2. t psal . 20. 5● 6 , 7 , 8. u ps . 107. 16. x act. 12. 4 , to 12. y see the beacon fired : and nicolas causins the jesuit's holy court ; printed at london 1650. in folio . z psal . 146. 7. a isa . 49. 9. & 42. 7. b 1 sam. 7. 12. c psa . 83 4 , 5 , 6 , 7 , 8. d act. 6. 10. e 1 co. 14. 25. f psal . 83. 9. 10 , 11 , &c. g psal . 79. 13. h psal . 146. 2. & 104. 33. notes for div a91192-e2580 a ezek. 46. 16. & 5● . 16. give it this title . b isa . 5. 25. ezek. 13. 5. & 22. 30. c magna carta of king henry the i. and k. john. mat. paris hist . angl. p. 53. 230. 246. & 9 h. ● . c. 1. 29. 37. ●imes since confirmed in parliament . d isa . 49 23. & 60. 9 , 10. psal . 72 10 , 11. rev. 21 24. e j●r . 47. 6 , 7. f a collection of ordinances , & c. p. 124. 125. g mat. 15. 13 ▪ h g●l . 3. 9. i gen. 14. 20. heb. 7. 1 , to 12. k dr. griffith w●lliams in his workes in folio p. 811. l contrary to magna carta c. 1. 29. 25 e. 1. c. 1 , 2 , 3. 28 e. 1. c. 1. 5 e. 3. c. 9. 25 e. 3. c. 4. 28 e. 3. c. 3. 37 e. 3. c. 18. 42 e. 3. c. 1. 3. 2 h. 4. c. 4. 5 h. 4. c. 11. 27 h. 8. c. 20 , 21. 32 h. 8. c. 72 e. 6. c. 13. the petition of right 3 caroli . and late ordinances for tithes and a●gmentations m the kentish petition and others . n muffaeus vegius & rabadenira ( both jesuites ) in vita ignatii loyolae . heylins microcosme , p. 197. o this one of them asfirmed lately to a friend of mine . p the false jew , newly printed , p. 4 , 5 ▪ 11 , 12 , 13. r dan. 6. 20. s gen. 14 20. t a collection of ordinances , p. 539 , 623 , 878 , 879. u june 5. & 14. 1647. x mat. 13. 25 ▪ 26 , 27. y exact collection , p. 3. to 20 , 498 , 617 , 698 , 664 , 665 , 6●1 , 491 , 492 , 8●6 , 826 , 827 , 574 , 6●5 , 636 , 918 , 666. a collection , p. 218 , 227 , 2●4 , &c. 267 , 275 , 883 , 309 , 313 , 354 , 360 , 363 , 371 , 379 , 412 , 417 , 424 , 429 , 452 , 457 , 470 , 489 , 706 , and el●ewhere . z exact collection , p. 666. a collection p. 218 , 254 , 363 , 424 , 706. which i desire may be now seriously perused together with my romes masterpiece . a luk. 19. 42. b 1 pet. 2. 23. c ps . 37. 5 , 6. d psal . 7. 16. e esth . 4. 16. f eph. 3. 1. & 4. 1. philem. 9 , 23. 2 tim. 1. 8 g 2 cor. 11. 23. h 2 tim. 4. 7 , 8. notes for div a91192-e5350 a see speimanni concil . tom. 1. p. 308. 348. 350. b 2 thes . 3. 2. c ezek. 21. 31. psal . 92. 6. psal . 94. 8. proposition . 1. d see dr. ca●ltons tithes proved to be by divine right , and dr. burges . e deut. 25. 4. f 1 tim. 4. 1 , 2. 2 tim. 3. 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9. g heb. 2. 10. h ps . 49 20. prov. 30. 2. i see 1 cor. 8. 1 , 10. & 10. 20. 21. * see nicephorus , zonaras , and grimston in the life of phocus : platina and bale in the life of pope gregory the 7. ‖ fox acts and monuments , vol 3. hist . de vita et obitu m. buceri . k 2 king. 17. 16 , 17 , 18. l see rom. 13. 4 , 5 , 6 , 7. backing these reasons . m 1 tim. 6. 15 , 16. rev. 1. 5. & 17. 14 & 19. 16. ps . 9. 10. n grorius de jure belli . l. 1. c. 2 , 3 , 4 , 5. l. 2. c. 1 , 2. gratian. causa . 23. qu. 1. o gro●ius , de jure belli . l. 2. c. 23. sect . 10. ● . 388. and elsewhere . nulla fides , pietasque viris qui custra sequuntur . lucan . hen. huntindon . hist . l. 8. p. 390. p isa . 64. 10 , 11. jer. 49. 13. to 39. ch . 50. & 51. throughout . ezek. chap. 35. joel 2. 3. ●●a . 1. 7 , 8. & 9. 12 , 20 , 21. & 19. 1 , to 15. q 1 sam. 13. 14. acts. 13. 22. r 1 sam. 18. 17. & 25 , 28. s 2 chron. ●3 . 9 , 10. 11 , 15. & 32. 20 , 21. & 20. 20 , 21 , 22 , 23 , 24. jam. 1. 16 , 17 , 8. joel ● ▪ 17 , 18. t magna carta c. 29 , 30 , 25. e. 1. c 5 , 6 , 28. e. 1. c. 5 , 6. 34. e. 3. c. 1. 14. e. 3. c. 21. 11 r. 2. c. 2. 23 h. 6. ● . 18. 1 r. 3. c. 4. the petition of right 3 caroli . u see rastals abridgement tenths and taxes , and statutes at large , acts f●● the clergies subsidies . the objections answered . x spelmann . y see anttqu ; ecclesiae brit. p. 138 , to 142. hoveden annal. pars posterior . p. 767. 768. 769. z see a vindication of sir will. lewes a justification of the xi . impeached members , and their answer to their charge , printed 1647. proposition 2. z rom. 2. 14 , 15. a heb. 5. 1. b dr. bound , dr. twisse , mr. sprint , mr. bernard , mr. palmer , mr. caudry and others of the sabbath : mr. dod and others on the 4. commandement . c gen. 14. 20. & 28. 21 , 22. heb. 7. 2. 4. d dr. griffith williams of the incarnation of christ , in his workes in fol. p. 807 , to 813. e see hemingius on the place . f rom. 4. 4 , 16 , 17. & 9 8. ga. 4. 7 , 8 , 9 , 29. g 1 cor. 4. 1 , 2. tit. 1. 7. h see the late petitions against tithes . i the words of the solemne league and covenant . k purchas pilgrimage p. 132. genundensis and godwins jewish antiquities l see the ordinances for ● augmentations . m act. 13. 21. neh. 12. 24. n 2 sam. 8. 16. 1 chron. 11. 6. o 1 sam. 14 , 50. * sermo . 219. tom. 10. a spelman . concil . p. 268. b ingulph h●st . p. 899 , 900 , 901. will. malmesbur . de gestis regum angl. l. 2. p. 93. hen. huntindon hist . l. 8. p. 307. hoveden annal ▪ pars prior . p. 448. 449. & pars posterior p. 608 , 609 , 610. verstegan restitution of decayed antiquities ; accord herein , and math. westm . an. 1059. p. 426. c spelman . concil . p. 619. d mr. camd●ns britannia p. 317. mr. seldens notes to eadmerus p. 165. where the charter is recorded : and most of our historians in the life of king william . speeds history p. 451. e hoveden annalium pars p●sh ●io , p. 6●1 6●● 〈◊〉 selden ad ●a●●em●n not● p. 171 , 172 , 17● . spel●●●●●●cil tom. 1. p. 619 ▪ i●●ulpin ●ist ▪ p. 914. f hoveden ib●d . p. 601. scld●●i ad eadm●rum notae p. 173. g hoveden ibid. p. 601. 602. spelman . concil . p. 619 , 620. lambardi archaion . h royall tyranny discovered : a defiance against arbitrary usurpation . englands birthright ; and many late pamphlets else . i will. malmesbury de ge●tis regum angl. l. 2. p. 93. &c. and naucl. speeds history p. 451. daniel in his life . ob. 3. k fox acts & monuments vol. p. 700. 1 see hemingins and others on this place . m mat. 27. 35 ▪ luke 23. 32. to 46. joh. 19. 18. * john 19. 23 ▪ 24. mat. 27. 35 , 36. n exod. 20. 8 , 9 , 10. deut. 5. 19. o exod. 31. 14 , 15 , 16. c. 35 , 2. 3. levit. 24. 8 ▪ num. 28. 9 , 10 ▪ deut. 5. 14 , 15 ▪ levit. 23. 3. p dr. bound , dr. twisse . dr white , and others , of the sabbath . bishop andrews , mr. downham , mr. cleaver , mr. dod on the fourth commandement , and all other commentators on it . q his second voice from the temple . r rom. 16. 2● ▪ psal . 147 ▪ 5. isa . 45. 2● . zeph. 3. 5. acts 3. 14. josh . 24. 19 ▪ isa . 6. 3. rom 4. 3. cap. 15. 4. ſ in his sermon . april 17. 1608. in defence of the honourable function of bishops . t in his pilgrimage , l. 2. c. 7. p. 133. the first edition . v 1 kings 13. 33. c. 13. 33. 2 kings 17. 32. x dr. usher . ●●nales eccles . veteris testamenti . y see the books of ezra and nehemiah . z heylins cosmography , p. 564. a see spelmanni concil . ingulphi historia : mathew westminster , antiquitates eccles . brit. m. seldens history of tithes , and our kings & others ancient charters of donations to abbies and churches . b hi●ron . super eze●h . josephu● scaliger d●atriba de decimis . drusius pro. ad ma● . 23. pur●has pilgrimage , l. 2. c. 7. m. seldens history of tithes . c comment . in 1 thess . 5. 13. p. 547. d dr. bound , m. dod , cleaver , dr. twisse , downham , practise of piety and others ; e in his second voice from the temple to the higher powers p. 1. 2 , 7 , 11. and elsewhere . f chaplain to sir arthur haslerig 's regiment and garrison heretofore . * page 13 , 14 ▪ a joan. capgrave in vita josephi : chr. glastoniens . vincentius spec. hist . lib. 23. c. 147. with sundry others , cited by dr. usher . britan. ecclesiarum antiquitates . c. 2. p. 973 , 974 spelman conc. p. 12 , &c. with the authors quoted by them . b dr. vsher brit. eccles . antiq. spelmanni conc. p. 12 &c. with the authors quoted by them . c gildas , dr. usher , brit. eccles . antiq. p. 193. spelmanni con●il . p. 36. 45. * spelman lb. p. 112 , 113. de antiquit atibus eccles . brit. dr. vsher . * malmesbury , de gestis regu● angl. l. 2. c. 2. mat. westm. anno 854. florentius wigorniensis , anno 855. spelmanni concil . p. 348 353. * spelman concil . p. 292 , 293 , 298. to 302. cent. magd. & cap. 9. * in his second voice from the temple . * john canne , his second voice from the temple ▪ p. 2. * john canne , his second voice from the temple ▪ p. 2. fox , acts and monuments , vol. c. s . 602 , 603 , 604. * see the false jew discovered at newcastle for a cheat and jesuit , p. 4 , 5 , 10 11 , 12 , 13. dipped by m. tillam at hexam ; a like priest now administrator of the anabaptists there . and eliazer bar israel , his vindication of the messiah , a pretended converted jew , but sprinkled and baptized by the jesuits , dipped by our anabaptists , and a jesu●t in truth ; ( though the fi●st in the bead-roll . ) * john 8. 44. 1 eliz. c. 2. 5. eliz. 2. c. 1. 3 jac. c. 4 , 5. 7 jac. c. 6. 17 car. the act for trienniall parliaments . * ● eliz. c. 1. and book of ordination . * b●ch●llus decret . eccles . gal. 6. tit. 8. c. 8. p. 904. * spelman conc. tom . 1. p. 259 , 268 , 396 , 347 , 402 , 418 , 554 , 620. gulielmi lambardi archaion . * see gr●t●a● caus . 16. qu. 1. 7. a luke 1. 32 , 33. rev. 22 , 16 isn . 9. 6 , 7. jer. 25. 5. c. 30. 9. c. 33. 17 , 21 , 26 ezcch. 37. 24 , 26. b gen. 49. 10. deut , 17. 20. 2 sam. 7. 12. to 24. 1 kings 2. 4 c 8. 20. c. 9. 5 , c. 15. 3 , 4. psal . 89. 3 , 4 , ●8 . to 39 ps●l 32. 11 , 12 , 13. 2 ch● . 6 10 , 16 , 17. ● . 2. 11. c. 13. 5. c. ● . 18. c. 21. 7. c. ●3 3. jer. 17 24 , 25 26. c. 22. 3 , 4. c. 33 17 , 22. c 2 sam. 10. 1. 1 chr. 19. 1. 2 kings 3. 26 , 27. c. 13 , 24. c. 14. 37. isa . 19 ●1 . c. 37. 38. * see rom. 12. 1. * whence he is stiled heir of all things . heb. 1. 12. and the lord shall giv● unto him . the throne of his father david and he shall reign over the house of jacob for ever , &c. luke 1. 32 , 33. * rev. 12. 16. 4 * levit. 27. 30 , 31 , 32. numb . 35. 2 , 2 , 4. the second part of a brief register and survey of the several kinds and forms of parliamentary writs comprising the several varieties and forms of writs for electing knights, citizens and burgesses for parliaments and great council ... : wherein the original of the commons house, and elections of knights, citizens, burgesses and barons of ports to sit in parliament, is infallibly evidenced to be no entienter than 40 h. 3. the presidents and objections to the contrarie answered ... / by william prynne ... prynne, william, 1600-1669. 1660 approx. 423 kb of xml-encoded text transcribed from 109 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a56204 wing p4071 estc r1409 12242015 ocm 12242015 56804 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56204) transcribed from: (early english books online ; image set 56804) images scanned from microfilm: (early english books, 1641-1700 ; 875:46) the second part of a brief register and survey of the several kinds and forms of parliamentary writs comprising the several varieties and forms of writs for electing knights, citizens and burgesses for parliaments and great council ... : wherein the original of the commons house, and elections of knights, citizens, burgesses and barons of ports to sit in parliament, is infallibly evidenced to be no entienter than 40 h. 3. the presidents and objections to the contrarie answered ... / by william prynne ... prynne, william, 1600-1669. [4], 180 [i.e. 182] p. printed by t. childe and l. parry, and are to be sold by edward thomas ..., london : 1660. reproduction of original in union theological seminary library, new york. p. [1]-p. 15 from cambridge university library copy spliced at end. cambridge university library copy has added title page: the miscellaneous works of william prynne, esquire ... . errata: p. 180. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. -house of commons -rules and practice. parliamentary practice -great britain -early works to 1800. 2002-04 tcp assigned for keying and markup 2002-04 apex covantage keyed and coded from proquest page images 2002-05 tcp staff (michigan) sampled and proofread 2002-05 john latta text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion the second part of a brief register and survey of the several kinds and forms of parliamentary vvrits . comprising the several varieties and forms of writs for electing knights , citizens and burgesses for parliaments and great councils , issued to sheriffs of counties only , with the antientest returns of these writs by sheriffs yet extant on record ( from 49 h. 3. til 22 e. 4. ) amongst the records in the tower : intermixed with other rare writs , pertinent to this subject ; and some writs of prorogation and re-sommons , with special usefull annotations and observations on them , after most of these writs recitals , for the readers information . wherein the original of the commons house , and elections of knights , citizens , burgesses , and barons of ports to sit in parliament , is infallibly evidenced to be no antienter than 40 h. 3. the presidents and objections to the contrarie , answered : the original of antient boroughs , and how many they were under king edward the 1. 2 , 3. discovered : the power of the kings of england , in creating new boroughs by charters or writs , augmenting , diminishing the number of knights , burgesses , members of the commons house , and altering the forms of writs of summons , without a parliament ; the inability of the commons house to eject , or censure any one of their members , much less the major part ( as now ) without the king or house of lords concurrence and judicature , and the inconsistency of force and armed gards with parliaments freedom , are fully evidenced . some grosse mistakes touching parliament writs and members refuted , with many other rarities concerning parliaments . by william prynne esquire , a bencher of lincolns-inne . jer. 6 16. thus saith the lord , stand ye in the waies and see , and ask for the old paths , where is the good way ? and walk therein , and ye shall find rest for your sou's : but they said , we will not walk therein . london , printed by t. childe and l. parry , and are to be sold by edward thomas at the adam and eve in little britain . 1660. to the reader . courteous reader , let it seem neither strange , nor injurious , nor unreasonable or unseasonable to thee , that i now publis●… only one single section and fragment of the severa●… forms of writs for electing members of the commons house in parliament , without the remaining sections i at first intended to accompany it , to make it compleat ; when as a very small fragment of the old commons house , not the full tenth part of it , ( after thei●… own double forcible dissipation by the army , ) ha●… by their own special command forcibly excluded all t●… old secluded members , ( being above 200. ) by arm●… gards , not only out of the house but lobby too , d●…cemb . 27. and voted them quite out of the house t●… 5th . of january 1659. without the least accusation 〈◊〉 hearing , behind their backs , though ready to justif●… themselves face to face against all objections , contrary 〈◊〉 all laws of a god , nations , and the land ; whi●… judge and disfranchise no man how criminal or v●… soever , before he be heard , & have his accusers fa●… to face , and have license to answer for himself co●…cerning the crimes laid against him . it seemi●… b unreasonable ( even in the judgments of mere pagan●… to imprison or condemn any person , and not with●… to signifie the crimes laid against him . the only gro●… of this their unparliamentary bruitish vote with●… any crime , cause , or particular members names expr●…sed in it , is our c voting the kings concessions up●… the propositions , to be a ground for the house proceed upon for the settlement of the peace of t●… kingdom , according to our trusts , judgements , c●… sciences , after 3. daies and one nights debate without 〈◊〉 viding the house , when there were above 300. members present : for which vote alone decemb. 5. ( as it now appears ) they then gave secret orders to the army osficers to secure 45. and seclude above 200. more members dec. 6 & 7. 1648. and since that to re-s●…clude them , may 7 & 9. and decemb. 27 , 1659. placing tr●…ble gards at the door , january 5. when they passed their vote to discharge , & disable them from sitting , to keep them out if they then attempted to enter . had this bin only a sin of ignorance , or private injury , we should with patience and christian charity , have pretermitted and remitted it with our saviors prayer , father forgive them for they know not what they do : but being a wilsull malicious , unatural crime against not only their fellow-members , contrary to all rules of iustice , nature , and the gospel it self , resolving , that there should be no schism in the body ( of the house or parliament , no more than in the natural body ) but that the members should have the same care one of another , and whether one member suffer , all the members suffer with it ; but also the highest injury and affront to all those counties , cities and boroughs they represent , and a new kind of gupowder-treason , to blow up all english parliaments foundations , rights , privileges , members , and the fundamental government , laws , and liberties of the people in succeeding generations , if connived at , & not f●…lly vi●…dicated ; being 6. several times , or more , impenitently perpetrated by them , the last after their own late double dissipations by divine retaliation , which they so highly resented as treasonable and flagition in cromwell and lambert , seconded with an old and new engagement and oath of abjuration , which some of them have already taken , & intend to obtrude upon the consciences of our 3. nations , to send them down quick into hell , if taken , or ruine them in their liberties & properties if denied , i cannot but look upon it as a kind of sin against the holy ghost ( which i fear some of these desperadoes have wellnigh arived unto ) d which shall never be forgiven to men , neither in this world , nor in that which is to come . the rather because they arrogate to themselves , the name , power and judicature of the parliament , no lesse than 5. times in this short nonsence vote ; when as they are not the tithe of a commons house , and no parliament at all , without the king , and house of lords , & have not the least legal jurisdiction to seclude or vote out any one member , without the kings or lords concurence ; whom they have engaged against , abjured , secluded against the very act by which they pretend to sit : who were a parliament alwaies without a comons house til 49h . 3. without whom they can now enact , vote , order nothing , that is valid , or obligatory to the secluded members or people ; as this and the former part of my register , and plea for the lords , will inform those ignoramusses in parliamentary proceedings who think they may act , enact , and vote what they please , against all rules of justice , the laws of god and the land ) and our whole nation , the reason and end of its present publication . if they or any others , shall receive any new-light , from these new unknow antiquities , to reduce the over-swelling house of commons , within its antient bounds of loyalty and sobriety , for the peace , and settlement of our 3. kingdoms , reduced to the brink of utter ruine , by their dangerous 〈◊〉 innovations , and usurpations over their fellow-members , ●…cers and kings ; and restore our parliaments to their antient constitution , rights , privileges , without any injurious incroachments upon the peoples liberties , or one house upon the other , i shall 〈◊〉 god for it , and by his assistance , proceed to publish the remaining sections , for the benifit of posterity . in the mean time , i hope this fragment will demerit thy thanks too , and thy servent prayers for thy friend , the unfeined , unmercinary servant of his native country , in his generation william prynn . lincolns-inne jan. 7. 1659. the second part of a brief register , kalendar , and survey of the several kindes , forms of parliamentary writs . having already presented the world with the first part of my brief register , kalendar and survey of the several kinds , forms of parliamentary writs , in 3. distinct sections , with special & general choise useful annotations on , and observations from them , relating principally to the members and assistants of the lords house ; i shall now proceed in this second part ( by gods assistance ) to communicate to this present age and posteritie in several sections , the manifold varieties , forms of writs issued to sheriffs of shires , and particular corporations made counties within themselves , wardens of the cinqueports , mayors of towns , burroughs , and officers of the ports , for electing knights , citizens , burgesses , barons of the ports , and other members , to serve in our great councils , parliaments , or attend upon , or appear before them as assistants , or otherwise upon extraordinarie occasions ; with the different forms of writs for proroguing , adjourning , superseding parliaments , or councils after the first writs of summons , issued to spiritual and temporal lords of all ranks , the kings counsil , sheriffs , and other officers : with extraordinarie writs directed to the king , nobles , officers , and others of scotland ; and to some lords , officers , and others in ireland ; as likewise to merchants , masters , owners of ships , and other private persons , to appear at or before the parliament , or kings counsil in england , upon urgent occasions , relating to the respective lands , affairs , defences of scotland , or ireland , or to the guarding of the seas , merchandize , trade , and the like , with sundrie kinds of writs , issued to the arch-bishops , bishops , convocations , clergy of england ; besides other rare writs relating to our parliamentarie affairs and proceedings ; not hitherto published or insisted on by any writers of our parliaments , though most worthie the knowledg of all noble-men , states-men , parliament-men , lawyers , gentlemen of qualitie , antiquaries , historians , hitherto ( for the most part ) totally unacquainted with them , or the majoritie of them , almost quite buried in the grave of oblivion , many of our records being now overspread with dust , cobwebs , and eaten up with rust , cankers , moths , worms , in their over-much neglected cells , for want of industrie , care in those who should preserve , and reduce them into better order , for the publike benefit of the present and succeeding ages ; a work fit to be speedily executed , promoted , and no longer deferred by those whom it most concerns , and by persons in highest authoritie as worthy their superintendent eye and countenance , being the richest treasures of the whole english nation . section iv. of the several varieties , forms of writs , for electing knights , citizens , and burgesses for parliaments and great councils , issued to the sheriffs of counties , intermixed with some of their ancientest retorns by sheriffs ; and some writs of prorogation and resummons ; with special usefull annotations on , and observations from them , after most of these vvrits recitals . vvhen and in what kings reign , writs for electing knights , citizens , and burgesses to serve in our great councils & parliaments were first issued , and they upon the peoples free choice admitted into them as members , is a great yet undecided countroversie amongst antiquaries , and writers of our english parliaments . a some conceit , that there were knights , citizens , burgesses , and commons in the reigns of our saxon kings , before the conquest , summoned as members to their grand councils , and included together with the nobles , under the name of sapientes , and the like ; for proof whereof they much insist upon the pretended ancient treatise , stiled , modus tenendi parliamentum , which in truth is but a late absurd imposture , though cried up by b sir edw. cook ( who over doted on it ) for a most ancient record , beyond c all exceptions , relying upon it as an undoubted oracle . others refer their original to the parliamentarie council held at salisbury , in the sixteenth year of king henry the 1. to which opinion polydor virgil , holingshed , speed , in their histories , anno 1216. justice dodderidg , mr. cambden , mr. agar , and joseph holland , in their treatises of the ( c ) antiquity of the parliaments of england . d sir walter raleigh , e and others incline , as most probable ; which i have at large refuted in my plea for the lords , p. 165. to 183. by unanswerable evidences . sir f rob : cotton , and g mr. selden , two of our learnedest most judicious antiquaries , do rather incline , that the writs for electing knights , citizens and burgesses , began but about the later end of king henry the 3. and that the first writ of this kinde now extant , is that in cl. 49 h. 3. before which time , i conceive , it can hardly be made good by historie or records , that anie knights , citizens , burgesses or commons elected by the people , or others , were called to our great councils or parliaments , as members of them . that which induceth me to adhere to this opinion , are not onely the histories and records i have h elswhere cited during the reigns of king henry the 1. king stephen , henry the 2. richard 1. king iohn , and henry the 3. of all the parliamentarie councils held under them before this year ; which make no mention of anie such knights , citizens , burgesses , or commons summoned to , or present in them , as members ; but only of the archbishops , bishops , abbots , priors , earls , nobles , and great men of the realm ; but these memorable writs entred in the clause roll of 48 h. 3. which assure us , that there was a parliamentarie council summoned & held this year , by the king , his prelates , lords , nobles , & barons , and a tenth granted him by the prelates & lords , ordained how to be levied & expended for the common benefit of the realm & church of england , by their unanimous counsil and advice ; without the least mention at all of anie knights , citizens , burgesses or commons called to , or acting in it in anie kinde . claus. 48 h. 3. m. 5. dorso . rex johanni de balliolo salutem . cum jam sedata turbatione nuper habita in regno nostro , pax inter nos et barones nostros , divina cooperante gratia ordinata sit ac firmata ; et quaedam ardua negocia nos et regnum nostrum tangentia vobiscum communicanda habeamus , quae sine praesentia vestra & aliorum fidelium nostrorum nequeunt expediri , vobis de consilio baronum nostrorum mandamus in fide et homagio quibus nobis tenemini firmiter injungentes , quatinus statim visis literis istis omnibus aliis praetermissis sitis ad nos london , sine armis , cum summa festinatione veniatis , super praemissis consilium vestrum impensuri . et hoc sicut nos honorem nostrum , necnon et tranquilitatem regni nostri diligitis , nullatenus omittatis . t. rege apud sanctum paulum london 4. die junii . eodem modo mandatum est rogero de clifford , rogero de leyburn , hamoni lestraung , roberto de nevill , ade de gesmuch . these parties were * all lords and barons of the realm ( not commoners ) & summoned by particular writs by name , not elected by the people ; and the aliorum fidelium nostrorum , were the rest of the prelates , barons and nobles , as these ensuing writs resolve us . claus. 48 h. 3. m. 3. dorso . rex m. episcopo norwicen . salutem . cum per praelatos et magnates regni nostri provisum sit , et unanimiter conceslum , quod decimae proventuum omnium beneficiorum ecclesiasticorum in regno nostro conferantur , ad communem utilitatem ejusdem regni et ecclesiae anglicanae , et quod hujusmodi decimae per locorum episcopos leventur , et ad nos mittantur . vobis mandamus , quod hujusmodi decimas , quas juxta provisionem praedictam in vestra dioc. de beneficiis ecclesiasticis levari fecistis ad nos sine dilatione mittatis , convertendas in communem utilitatem regni nostri et ecclesiae praedictae . et hoc nullatenus omittatis . scitote , quod nisi hoc ad mandatum nostrum facere volueritis , de consilio magnatum qui sunt de consilio nostro mandamus vic. nostro norff : & suff : ad dictam decimam , ob defectum vestri , quod vellemus levari , et ad nos mitti fac . indilate . t. rege apud cantuar. primo die septembr . rex vic. norff. & suff. salutem . cum per pr●…latos et magnates regni no●…ri provisum sit , et unanimiter concessunr , quod decimae proventuum , &c. ( as in the former w●…it ) & ad nos mittantur ; et jam mandaverimus m. norwich episcopo , quod hujusmodi decimas , quas juxta provisionem praedictam de beneficiis ecclesiasticis in dioc. sua levari fecit , et ad nos sine dilatione mittat , convertend●…s in commun●…m ●…tilitatem regni nostri , et ecclesiae praedictae , et hoc nullatenus omittat . nos indempnita●…i ecclesiasticae libertatis quatinus fieri poterit providere volentes , tibi de consilio magnatum qui sunt de consilio nostro praecipimus injungentes , quod in propria persona tua accedas ad praedictū episcopum , et ipsum ex parte nostra diligenter moneas et inducas , ut negotium istud juxta mandatum nostrum expleat cum effectu . et si ipse propter hujusmodi monitionem hoc facere neglexerit , tu ex tun●… per negligentiam ipsius praedictam decimam de hujusmodi benesiciis ecclesiasticis levari , et ad nos mitti fac . indilate . t. ut supra . rex c. ebor. archiepiscopo angliae primati salutem . cum nos , una cum regni nostri pra latis et proceribus super alienigenarum inimicorum nostrorum adventu nuper praemuniti , de consilio eorundem prelatorum et procerum provida deliberatirne duxerimus sta●…uendum , ut ab hujus defensionis auxilio nullus excusatur sexus aut ordo , nullius personae laboribus , nullis rerum parcatur impendiis ; illa tamen devotio debita quam ad sanctam ecclesiam catholicam gerimus nos induxit , ut virorum ecclesiasticorum in hac parte subsidium de pr●…latorum ordinaretur assen●…u ; qui ut suae et clericorum suorum tranquilitati pros●…cerent et bellorum clades personaliter evitaren●… . decimam omnium ecclesiasticorum proventuum in ●…uis diocaesibus non solum nobis , set ad utilitatem rei publicae regni et ecclesiae anglicanae concesserunt . quia verò non tantùm ecclesiasticis ecclesiae eborum . suffraganeis et eorum clericis , sed et ipsi ebor. ecclesiae vestrae ejusque cl●…ricis et toti clero regni nostri prospicietur in hac parte . vobis mandamus firmiter injungendo , quod decimam omnium ecclesiasticorum proventuum in dioc. ebor. existentium , nullo ab hac praestatione exempto , per vos vel ministros vestros citra festum sancti michaelis levari , et ad nos micti facias . in hoc enim non modicum , ecclesiasticae libertati deferimus , quod non per ballivos nostros in tam ardua necessitate , set per vestros ecclesiasticos hujusmodi subsidia ad opus reipublicae regni et ecclesiae anglicanae co●…ligi demandemus et sciatis , quod nisi hoc mandatum nostrum cum summa celeritate fueritis executi , quantumcunque libertates ecclesiae tueri totis viribus nostris intendimus , omittere non possumus nec debemus , quin pro securitate regni nostri ejusque defensione et communi utilitate , dictam decimam per ballivos nostros levari faciamus . t. rege apud cantuar. 3. die septembris . * rex vic. linc. salutem . quia magister ordinis de sempl●…gham satisfecit nobis de subsidio nobis praestando ad defensionē regni nostri contra hostiū adventum alienigenarū in regnū praedictū . tibi praecipimus quod districtionem quam fac . in terris et tenementis ipsius magistri in balliva tua occasione praedicta penitus relaxes , donec ali id inde tibi praeceperimus . t. rege apud cantuar. 28 die octobr. had the commons , knights , citizens and burgesses been present in , or parties to the ayds , or ordinances , mentiond in these writs of 48 h. 3. it is very probable w●… should have found som footste ●…s or hints of it in them ; but their silence herin , & frequent mention only of the prelates , lords and barons , concludes , they were not summoned to this parliamentary council . if any object , that the knights and others who held of the king by knight service , were summoned to appear with their horses , 〈◊〉 and service in the kings presence at oxford , as well as the archbishops , bishops , abbots priors , farls and barons , and that to assist him in his present necessity as well with their counsel as arms : therefore it is probable they were summoned to this parliamentarie council , as well as the spiritual and temporal lords , as these writs import . claus 48. h. 3. m. 6. dorso . rex reginaldo silio petri. vic. suthampt. salutem . cum nuper propter salvationem regni nostri , ac etiam propter guerram in eodem regno jam subortum , summoneri fecissemus archiepiscopos , episcopos , abbates , priores , comites , barones , milites & alios qui servicium nobis debent , ut essent ad nos apud oxon ad mediam quadriges . prox . praeteritam , cum equis & armis , & toto servicio suo nobis debito , in hujusmodi necessitatis articulo consilium & auxilium essicax super praemissis impensuri : ac quidam ex eis servicium suum nobis debitum ad mandatum nostrum facere noluerint ; propter quod de baronum consilio & magnatum nobiscum existentium provisum est , quod baroniae , terrae & tenementa eorum qui de nobis tenent in capite , & qui nobis serviciū suum nobis debitum juxta mandatum nostrum facere noluerunt , capiantur in manum nostram , donec tam de dicto servicio quam de hujusmodi transgressione nobis satisfecerint . vobis mandamus sirmiter injungentes , quod baronias ven. patris s winton episcopi , & abbatis de abindon , qui servicium suum nobis debitum ad mandatum nostrum facere noluerunt , capias in manum nostram ; & catalla sua cum bonis & catallis in ipsis inventis , sine distractione seu dilapidatione aliqua inde facienda salvo custodiri facias ; ita quod de bonis & catallis ipsis , vel ●…e precio eorundem , & de exitibus baroniarum praedictarum nobis sufficienter respondeas donec aliud inde praeceperimus . t. rege , apud oxon. 3 die aprilis . eodem modo mandatum est ade de grennuill , vic. norht . quod capiat in manum rs. baronias episcopi elien & abbatis de ramisey . eodem modo mand . est . vic. notingh . & derb. quod capiat in manum rs. baronias archepiscop . ebor. & episcopi linc. which writs were accordingly executed by some of these sheriffs , even beyond the kings instructions , as is evident by this writ to the sheriff of yorkshire , upon the archbishop of yorks complaint . cl. 48. h. 3. m. 6. dorso , rex roberto de nevil , vic. ebor. salutem , cum baronias quorundum praelatorum regni nostri nuper ceperimus in manum nostram eo quod servicia sua nobis debita , nobis minimè fecerunt ad mandatum nostrum ; ac vobis mandaverimus , quod baroniam ven. patris g. ebor. archiepiscopi caperetis in manum nostram , pro eo quod servicium suum nobis tempore competenti non exhibuit , & quod eam salvo , & absque destructione aliqua bonorum ejusdem baroniae custodiri faceretis ; vos , ut accepimus , bonorum illorum dissipationem non modicam fieri permittitis ad gravissimum dampnum archiepiscopi sic praedicti , super quo , nec immerito , movemur . verum quia demandam nostram servicii dicti archiepiscopi jam in suspenso posuimus ad tempus , vobis mandamus , quatenus baroniam suam cum omnibus inde perceptis à tempore captionis ejusdem in manum nostram sine dilatione restituatis eidem . quià etiam datum est nobis intelligi , quod milites & servientes archiepiscopi praedicti versus nos nuper venientes cum equis & armativis ad faciend . nobis servicium praedictum per viam arestavistis , & quosdam ex eis adhuc in carcere detenetis , & à quibusdam eorum graves redemptiones cepistis , quod grave gerimus & indignemus ; vobis firmiter injungimus , quatinus dictos incarceratos sine mora deliberetis , & tam eis quam aliis , à quibus redemptiones cepistis , omnia per vos aut vestros sibi ablata plenarie restitui faciatis . ne super hoc oporteat nos gravius sollicitari propter quod ad vos graviter capere debeamus . t. rege apud sutton 26 die maii. i answer , 1. that these were writs of summons not to a parliament , but camp , cum equis & armis , &c. as the writs recite . 2. that the counsil mentioned in it was onely military , not parliamentary , as the aid and assistance with horses , arms , and military services , coupled with it , resolve ; and the recital in the writs , ac etiam propter guerram in eodem regno jam subortam , &c. 3. it is most apparent , by the ensuing clause : propter quod de baronum consilio & magnatum nobiscum existentium provisum est , &c. that the baronies of these bishops and others , who refused to do their services should be seised into the kings hands : that the barons and great men onely who were then present with the king at oxford ; did counsel and advise him , as members of his military , and parliamentary council , notthe knights and others of inferiour condition , holding of him by knight service , who then assisted him onely with their horses , arms , and military services 4. these knights and others then summoned to oxford , were no knights , citizens or burgesses elected by the people and kings writs to serve in any parliament then held at oxford ; but onely such who held lands of the king by knight service , which they were then summoned actually to perform , as his tenants , for his defence in the wars against foreign and domestick enemies ; as the writs resolve . 5. the writs of summons to the parliamentary council held this year , mentioned in the forecited writs , were different in form , date , * time , place , from the objected writs ; and in the manner of appearing : the one summoning them to appear at oxford , cum equis & armis , &c. the other to appear at london sine armis , consilium vestrum impensuri , &c. therefore there being no mention of any knights and others of inferiour condition summoned together with the barons and nobles to appear at london in the parliamentary council there held , as there is in the other writs of summons to the kings camp and armie . it is a most clear convincing argument , that in 48 h. 3. there were no knights , citizens , or burgesses summoned to the parliament , but onely the spiritual and temporal lords and barons . now because i meet with some other memorable writs , which may seem in some mens judgment to prove that there were knights , citizens , burgesses and commons summoned to parliaments or councils before 49 h. 3. i shall present you with them in order , with my answers to and observations on them . the first and ancientest of them is this notable writ of proclamation , much insisted on , and imperfectly cited by mr. william lambard , ( an eminent antiquarie of lincolns inne ) in his archaion . p. 261 , 262 , 263. which i have faithfully transcribed out of the patent roll it self . pat. 6 johan . rs. m. 2. dorso , as a raritie not formerly printed . rex , &c. vic. roteland , &c. scias , quod provisum est communi assensu archiepiscoporum , episcoporum , comitum . baronum , & omnium fidelium nostrorum angliae , quod novem milites per totam angliam invenient decimum militem benè paratum equis & armis , ad defensionem regni nostri ; & quod illi novem milites inveniant decimo militi qualibet die ij . sol : ad liberationem suam et ideo tibi praecipimus , quod sicut teipsum & omnia tua diligis , provideas , quod decem milites de balliva tua sint apud london à die pasche in tres septimanas , bene parati equis & armis , cum liberationibus suis , sicut praedictum est , parati ire in servicium nostrum quo praeceperimus , & existere in servicio nostro ad defensionem regni nostri quantum opus suerit . provisum est etiam , quod si alienigenae in terram nostram venerint , omnes unanimiter eis occurrant cum fortia & armis sine aliqua occasione & dilatione , audit is rumoribus de eorum adventu . et si quis miles , vel serviens , vel alius terram tenens * conventus suerit , qui se inde retraxerit , dummodo tanta non fuerit gravatus infirmitate quod illuc venire non possit , ipse & haeredes sui imperpetuum exheredantur , dabuntur , & feodum suum remanebit domino fundi , ad faciend . inde voluntatem suam ; ita quod exhaeredatus vel haeredes sui nunquam inde aliquam habeant recuperationem . si quis vero , milites servientes vel alii qui terram non habent , inventi fuerint qui se similiter retraxerint , ipsi & haeredes sui serbi fient imperpetuum , reddendo singulis annis iiij . d. de capitibus suis ; nec pro paupertate omittant ad praedictum negotium venire , cum illud audierint ; quare ex quo ad exercitum venerint , providebitur unde sufficienter in servicio nostro poterant sustentare . si vero vic. vel ball. vel praepositus illos quise retraxerint nobis per breve , vel per scriptum , vel viva voce non ostenderint ; dict . vic. vel ballivus , vel praepositus remanebit in misericordia nostra de vita & membris . et ideo tibi praecipimus , quod sub sestinatione proclamari facias in foris per totam ballivam tuam , & in mercatis & nundinis , & alibi , & ita te de negotio illo faciendo intromittas , quod ad te , pro defectu tui , capere non debeamus . et tu ipse sis apud london ad praefatum terminum , vel aliquem discretum ex parte tua mittas , & facias tunc nobis sciret nomina decimorum militum . et habeas ibi hoc breve . teste meipso apud wint. 3 die aprilis . sed nota ; vic. eborum , northumberland , cumberland , westmerland , scribitur in eadem forma , hoc adjecto , quod rob. fil . rog. & const. cestr. retineat de militibus praedictis quos judicat expedire necessario ad defenfionem partium suarum . haee brevia liberata sunt subscriptis . eborum , per ric. anglicum , clericum rob. fil . rog. northumbr . westmerl . cumberl . bucks . & bedf. per spaine . norf. & suff. essex & herif. cantebr . & hunt. oxon. berks. northt . glouc. rad. de chumbras . honor. de glouc. worcester . hereford . leic. & warwic . salop. & staff. lancastr . wiltes per laurentium . somerset & dorset devon. cornub. sutht . linc. per rog : bastard hominē senescalli . roteland not & derb. kent per thom fil . nigell . clericum willielmi de wroth. surr. midds . sussex . from the prologue of this proclamation : provisum est communi assensu archiepiscoporum , episcoporum , comitum , baronum , et omnium fidelium nostrorum angliae : a mr. lambard inferrs , that the commonaltie of the realm , both at this time , and long before , were summoned to our great councils and parliaments , and present in , assenting to whatever was ordained in them , as well as the spiritual and temporal lords ; this being in truth the probablest evidence and authority he produceth to prove this assertion . but under his correction , i aver first , neither this rectal , nor any other testimonie alleged by him , doth clearly evidence , that these omnes fideles nostri angliae were knights , citizens & burgesses , or commons of the realm chosen by the people by virtue of the kings writs , and sent by them to parliaments and great councils in that or former ages , as knights , citizens and burgesses have been of later times , no histories , nor records making express mention of any such writs or elections of such knights , citizens , burgesses of parliament , before 49 h. 3. 2ly . the writ of summons extant in the b clause roll of 6. johan . regis , dors . 3. this very year , to the parliamentary council at london , ( wherein this provision for defence of the kingdom against forein enemies , was made as i conjecture , ) makes mention only of magnatum terrae nostrae , quos ad diem illum et locum fecimus convocari : not of any commons , knights of shires , citizens or burgesses summoned to it . 3ly . c matthew paris , and d mat. westminster , who inform us of another parliamentary council held under king john at oxford this very year , express it thus . deinde in crastino circumcisionis convenerunt ad colloquium ( the word parliamentum not being then in use ) apud oxon. rex et magnates angliae : ubi concessa sunt regi auxilia militaria . de quolibet scuto duae marcae et dimidia . nec etiam episcopi et abbates , sive ecclesiae personae , sine promissione recesserunt ; without mentioning any knights , citizens , commons or burgesses present at this council , or parties to this grant . wherefore , if the ordinance mentioned in this writ , was made at oxford , these omnium fidelium nostrorum angliae ( as i conceiue ) cannot properly be meant of them , but of the abbots , priors , * kings counsil , or those omnes alios qui de capite tenent de nobis , who were not majores barones regni , mentioned in the e great charter of king john , some few years after , in this memorable clause which best explains this in the proclamation : ad habendum commune consiltum regni de auxiliis assidendis , submoneri faciemus archiepiscopos , episcopos , abbates , comites & majores barones sigillatim per literas nostras : et praeterea faoiemus in generali per vicecomites & ballivos nostros , omnes alios qui de capite tenent de nobis ad certum diem , scilicet ad terminū quadraginta dierum ad minimum , et ad certum locum ; in omnibus literis summonitionis illius causam submonitionis illius exponemus : which was accordingly expressed in the writ of summons 6 johannis , and in all writs of like nature since this great charter , extant in our records . 4ly . the very contents of the provision mentioned in this proclamation ; quod novem milites ( to wit , those who held lands by a knights fee , and knight-service ) per totam angliam invenient decimum militem bene paratum equis et armis , &c. compared with clause 19 h. 3. m. 1 , 3 , 6 , 8. prove these lesser barons and tenants of the king to be the persons intended in this clause ( not any elected knights , citizens and burgesses , ) who were either summoned in general to this council , and consented to this provision therein when passed ; or else assented thereto after the lords and great men had passed and communicated it to them in the countrie . 5ly . though this provision and proclamation doe not clearly prove the summons of any elected knights , citizens and burgesses to this parliamentary council ; yet they are a clear euidence ; that ordinances for raising men , forces , taxes , and impositions for the ne●…ie defence of the king and realm against forein enemies , with forfeitures of lands , & other severe penalties for defaults therein , cannot , nor may not be made nor imposed on the freeholders or subjects of england , by the king or his counsil , but onely by the common consent , grant and provision of the spiritual and temporal lords , great men , and other lieges of the king , assembled in a parliamentary council ; since the provisions and penalties mentioned in this proclamation were all made by their common consent , and that upon this occasion . king f john in the year 1203. passing out of england into normandy with a great army , giving himself over to luxurie , sleep and carelesness , suffered the king of france to take many towns and castles from him , without the least resistance . being frequently informed thereof by complaints from all parts , he gave no other answer but this to the complainants ; suffer him to do what he pleaseth , i will one day recover whatever he now violently surpriseth . hereupon comites et barones , et alii de regno angliae nobiles , , qui ei eatenus fideliter adbaeserant talia audientes , ejusque desidiam incorrigibilem intelligentes , impetrata licentia quasi illico reversuri , remearunt ad propria ; returning no more , but leaving the king in normandie with very few soldiers ; upon which he returning into england , the king of france came before most of king johns castles and towns there , and perswaded them to submit themselves to him as their chief lord , seeing king john their immediate lord had quite deserted them : who accordingly submitted . king iohn upon this occasion raising a puissant army , intended to cross the sea with them to regain his lost townes and castles from the french ; whereupon by the common assent of his spiritual and temporal lords and lieges assembled in a parliamentary council , he made the precedent provisions & proclamation for the defence of the realm of england in case the french or any forein enemies should invade it during his absence : after which anno 1205. he took ship at portsmouth against the prohibition of the archbishop of canterbury , and many other of his nobles , who refusing to follow him , he was inforced to return after he had continued at sea two dayes . reversus autem rex coepit de comitibus , baronibus , militibus , et viris religiosis , pecuniam infinitam , occasiones praetendens , quod noluerunt eum sequi in partes transmarinas , ut haereditatem amissam recuperet . and so much touching the contents , occasion , issue of these provisions and proclamation . the 2. writ is that of rot. claus. anno 15. johannis regis , pars 2. m. 7. dorso , which i have examined by the record . rex vicecomiti oxon. salutem . praecipimus tibi quod omnes milites , ballivae tuae qui summoniti fuerunt esse apud oxoniam ad nos à die omnium sanctorum in quindecim dies , venire facias cum armis suis : corpora vero baronum sine * armis singulariter , et iv. discretos milites de comitatu tuo , illuc venire facias ad nos ad eundem terminum , ad loquendum nobiscum de negotiis regni nostri . teste meipso apud witten . 11 die novembr . eodem modo scribitur omnibus vicecomitibus . this unusual form of writ , ( the later part whereof sounds like a kinde of summons of knights out of every county to a parliament at oxford ) hath much perplexed many * learned men , who knew not well what to determin thereof , being without parallel . but under correction of others , i conceive it rather a summons to a military camp of warr , than to a parliament or parliamentary council at oxford ; and these quatuor discretos milites out of every county , were not summoned as knights of the shire to a parliament then held , but rather as inquisitors or grand-jury-men , upon a special occasion ; thus related by h matthew paris , which in my apprehension will very satisfactorily explain this obscure writ . king iohn being both injuriously excommunicated , deposed from his throne , his whole kingdom , interdicted & given by the pope to the french king who thereupon prepared a great army and navy to possess himself therof ; he did upon this occasion , to resist the french , and defend his crown and kingdom against their intended invasion , by two several writs , ( recorded at large in this historian ) summon all the ships of england able to carry six horses to meet together at portsmouth , well furnished with victuals and mariners to resist these enemies by sea ; and all earls , barons , knights , freehold tenants and others who were bound by tenure , or able of bodie to bear arms , to meet him at dover , to withstand them by land. after which , having reconciled himself to the pope by resigning his kingdom of england and ireland to , and retaking them from him under an yearly tribute , he was by the popes legate absolved from his excommunication , and the kingdom from its long-continued interdict , at winchester ; swearing upon the holy evangelists in this his absolution ; quod sanctam ecclesiam , ejusque ordinatos diligeret , defenderet , et manuteneret contra omnes adversarios pro posse suo . quodque bonas leges antecessorum suorum , & praecipue leges edwardi regis revocaret , et iniquas destrueret , et omnes homines suos secundum justa curiae suae judicia ; judicaret , quodque singulis redderet jura sua . juravit etiam , quod omnibus ad interdicti negotium pertingentibus , inter proximum pascha plenariam restitutionem faceret obtatorum , &c. in pursuance whereof , in crastino misit rex literas ad omnes vicecomites regni angliae , ut de singulis dominicorum suorum villis : quatuor legales homines cum praeposito , apud sanctum albanum , pridie nonas augusti fecerent conv●…nire , ut per illos , et alios ministros suos de damnis singulorum episcoporum , ut ablatis certitudinem inquireret , et quid singulis deberetur . dum haec agerentur , interfuerunt concilio apud sanctum albanum , galfridus filius petri , et episcopus winton . cum archiepiscopo , et episcopis et magnatibus regni . ubi cunctis pace regis denunciata , ex ejusdem regis parte firmiter praeceptum est ; quatenus leges henrici avi sui ab omnibus in regno suo custodirentur , et omnes leges iniquae penitus enerventur . denunciatum est praeterea vicecomitibus , forestariis , aliisque ministris regis , sicut vitam et membra sua diligunt , ne à quoquam aliquid violenter extorquerent , vel alicui injuriam irrogare praesumant , aut scotalla alicubi in regno faciant , sicut facere consueverant . after which , rex verò johannis cum se à quibusdam magnatibus ( who deserted him in poytiers ) quasi derelictum cognovisset , magnum congregabit exercitum ut rebelles ad consuetum obsequium revocaret . cumque arma movere incepisset , venit ad eum archiepiscopus apud northamtonam , dicens , plurimum in injuriam sui sacramenti , quod in absolutione sua praestiterat , redundare , si absque iudicio curiae suae contra quempiam bella moveret . quod audiens rex , cum ingenti strepitu dixit , se regni negocia propter episcopum non differre , cum laica judicia ad ipsum non pertineant . in crastino autem summo diluculo iter furibundus arripiens versus notingham properavit . secutus est quoque regem archiepiscopus memoratus , constanter affirmans , quod nisi ab inceptis celerius desisterit , omnes qui versus quempiam ante relaxationem interdicti hostiliter arma gesserunt , praeter ipsum solum , anathematis vinculo innodaret . sicque ab inceptis regem revocans archiepiscopus , non prius abe , recessit donec diem conipetentem ad curiam regis veniendi , et ibidem iuri parendi baronibus impetrasset . the 8. of september following , the archbishop , bishops , abbots , priors and barons of the realm assembling together at pauls , the archbishop calling some of the barons to him apart from the rest , secretly acquainted them with the kings forecited oath taken at his absolution , and produced before them the charter of liberties granted by king henry the first ; by which they might , if they would , reduce their long lost liberties to their pristine estate : at which the barons greatly rejoycing , juraverunt omnes in praesentia archiepiscopi , quod viso tempore congruo , pro hiis libertatibus , si necesse fuerit , decertabunt usque ad mortem . archiepiscopus autem promisit eis fidelissimum auxilium suum pro posse suo ; et sic confoederatione facta inter eos , colloquium solutum est . the king hereupon ( as i conjecture ) issued out the precedent writ the 3. of november following , ( whereon it bears date ) to all the sheriffs of england , consisting of 3. distinct parts , sutable to that time and occasion . the first is , to new summon omnes milites , all who held of him by knight-service , with those souldiers ( not knights , or knights of shires , ) in their respective bailiwicks , they had formerly summoned ( by some such writ as this ) to repair to oxford , to come to the kings person ( ad nos ) without naming any certain place , 15 daies after all souls day ; cum armis ; with their arms ; ( the * usual form and clause in precedent and subsequent writs of summons of an army and forces to aid the king , not to a parliament , or great council of state ) and that to defend and assist him ; against the precedent confederacy of the archbishop , bishops , abbots , priors and barons , then newly entred into at london ; against whom he had raised a great army ( by like writs ) but a few moneth●… before , to reduce these rebels to obedience : which armie the archbishop caused him to dissolve , as matthew paris relates . the 2. clause is , corpora vero baronum singulariter sine armis ; to summon and bring to the king the bodies of the barons in their respective counties apart one from another , without arms , ( as in the said writ ) not two or more of them together , with their arms and armed attendants , to prevent all dangers , tumults , insurrections and intended rebellions , if they should come armed to his court ; being now thus summoned to appear before him , not to treat and advise with him , and the rest of the prelates , earls and nobles , of any urgent affairs concerning the king or realm , ( of which there is no mention at all in this writ in relation to the barons , as there is in all writs of summons to parliaments or great councils issued to them , extant in our records ; ) but rather , according to the archbishops engagement to the king at nottingham a little before this writ , to submit themselves to the iustice of his court and a legal trial concerning the crimes he should there object against them , upon their appearance on the day prefixed in the writ , the same i conceive , the king and archbishop had formerly agreed upon at notingham . and that this was the reason why they were to appear without armour , is evident ; by the like summons hertofore to i earl godwin and his sons to appear in the kings court , to answer the kings charge against them , attended only with 〈◊〉 men , without any force or arms : by the subsequent statutes of 7 e. 1. rastal , armour ; 1 & 2 e. 3. c , 3. expresly resolving , that in all assemblies which should be made within the realm of england for ever , every man should come without all force and armour , well and peaceably : and that no man , great or small , of whatsoever condition he be , except the kings servants in his presence , and his ministers and their assistants in executing his precepts , or their office ; or upon a cry made for arms to keep the peace , in such places where such acts happen , should be so hardy to come before the king or his iustices , or other his ministers doing their office with force and arms , nor bring no force in ●…ffray of peace . which was but the * antient common and statute law of england . the 3. clause of the writ , which only hath some resemblance of a writ of summons ; is to summon not two , but quatuor discretos milites de comitatu tuo ; being more than we read summoned in succeeding rolls out of every county . as knights of shires to our parliament ; and those not to come to any parliament or great council , at any certain place , of which there is no mention at all in this writ , but ad nos , to the king himself , at the time there specified ; and that only , ad loquendum nobiscum de negotiis regni nostri ; not , ad tractandum nobiscum , et cum praelatis , proceribus , or magnatibus , or aliis , or caeteris fidelibus regni nostri , de arduis et urgentissimis negotiis , nos et statum regni nostri contingentibus ; or , ad faciendum et consentiendum hiis , quae tunc & ibidem de communi consilio regni nostri , deo propitio , contigerit ordinari ; the usual clauses in all writs of summons of barons , or knights of counties to parliaments and great parliamentary councils ; therefore certainly this writ was no summons of knights of shires to a parliament or great council ; the rather , because there is no clause in it for electing these 4. knights ; nor yet of any citizens or burgesses , as is usual in the writs for electing knights of counties , and because no writs of summons ever prescribed the summons of barous and knights together like this : upon all which considerations , i conceive , this ad loquendum nobiscum de negotiis regni nostri , for which these 4. knights were summoned ; was the very same , or the like business for which matthew paris relates the king some few moneths before , sent letters to the sherifs of every county throughout england , to cause quatuor legales homines ( the same with those this writ stiles , quatuor discretos milites ) out of every of their counties , to come to st. albanes the 8. of august following , to inquire of and inform the king , what dammages and losses any of the bishops had sustained by the king , and his officers , during the interdict and their banishments , and what was due to every one of them ; that so he might satisfie them according to his premised oath ; as chart. 16 iohann . regis m. 9. n. 67. the next year after this , compared with pat. 15 iohan. regis nu . 3. de interdicto relaxando , &c. clearly intimate , if not resolve . this i am fully perswaded , was the true scope , nature and intention of this writ ; which hath puzled so many , and none else have hitherto fully or truly explained : which i humbly submit to the readers consideration . the 3. writ i have found in our records , touching the election of any knights of counties to a parliamentary council before 49 h. 3. is this of claus. 38 h. 3. m. 7. & 12. dorso , ( not mentioned in any treatises of our parliaments , or collection of parliamentary writs of summons i have seen ) transcribed with my own hand out of the roll it self , as worthy observation . rex vic. bed. et berks salutem . cum comites & barones , & caeteri magnates regni nostri nobis firmiter promiserunt , quod erunt london à die pasche prox . futur . in tres septimanas cum equis et armis , parati et benè muniti ad tendendum sine ulla dilatione versus portesmouth , ad transfretand . ad nos in vasconiam contra regem castell . qui terram nostram vasconiae in manuforti in aestate prox . futura hostiliter est ingressurus . et tibi mandavimus , quod omnes ill●…s de balliva tua , qui tenent 20 librat . terrae de nobis in capite , vel de aliis qui sunt infra aetatem , et in custodia nostra , ad idem distringas ; tibi districtè praecipimus , quod praeter omnes praedictos venire faciatis coram consilio nostro , apud westmon : in quindena paschae prox . futur . ouatuor legales et discretos milites de comitatibus praedictis , quos iidem comitatus ad hoc eligerint vice omnium et singulorum eorundem ; videlicet , duos de uno comitatu , et duos de alio , ad providendum una cum militibus aliorum comitatuum , quos ad eundem diem vocari fecimus , quale auxilium nobis in tanta necessitate impendere voluerint . et tu ipse militibus et aliis de comitatu praedicto necessitatem nostram , et tam urgens negotium nostrum diligenter exponas , et ad competens auxilium nobis ad praesens impendend . efficaciter inducas . ita quod praefati ouatuor milites praefato consilio nostro ad praedictum terminum pasche respondere possint super praedicto auxilio pro singulis com praedictorum . firmiter etiam tibi praecipimus , quod omnia debita quae nobis aretro sunt in balliva tua et solvi debuerint ad scaccarium nostrum ante pasch. jam instans , vel solvi debent ad scace . ejusdem pasche , habeas ad idem scac. in quindena praedict . pasche . scientes , quod nisi praedicta debita tunc ibidem babueris , non solum corpus tuum arrestari faciemus , set debita illa de terris et tenementis ( tuis ) levari faciemus ad dampnum tuum non modicum . teste a. regina , et c. com. cornub . apud windesore xi . die febr. consimilia brevia diriguntur omnibus vicecomitibus angliae . these writs , though at first view they look like writs for electing knights of shires to a parliamentary council , yet in truth they are no such writs , but onely command the sheriffs to cause two knights to be elected in every county by the counties themselves , in their steads to appear before the kings counsel ( not parl. ) at westminster on quindena pasche following , to inform the counsel , what voluntary ayde each particular county would grant the king in his great necessity , towards the defence of gascoigne against the intended invasion of the king of castell . which nece●…ity and business , the sheriffs themselves were commanded diligently to declare to the elected knights and others of the county , and effectually to induce them to grant the king a present competent ayde ; so as the knights of each county might answer , upon their appearance before the kings counsil at the day prefixed , what they would doe concerning this ayde thus required of them . this appears 1. by that very clause of these writs , which is most pertinent ; which requires not the sheriffs to elect two knights to come to any great council or parliament , there to advise and consult together touching the granting of a subsidie or ayde to the king , but only 2ly . by the very prologue of the writ , which recites , that the earls , barons , and the rest of the great men of the realm had firmly promised the king to be at london 3. weeks after easter with their horses and arms : not to hold a parliament or great council , but to march from thence to portsmouth without any delay , and to cross the seas to the king in gascoigne , to ayd him against the king of castell : and that he should distrain all who held 20 l. lands a year of the king in capite , or of any of his wards within their respective counties , to accompany the lords and great men in this expedition . and thereupon it requires a voluntarie ayde of the rest of the freeholders and inhabitants in each county towards this expedition , in manner aforsaid , for which end they were to elect 2 knights in each county to appear before the kings privy counsil , not the earls , barons , and other great men of the realm , 15 dayes after easter , a week before the nobles and great men appointed to meet . 3ly . by the whole frame of the writ , differing much from the writs of summons here ensuing ; and commanding the sherifs to levy and pay in all the kings debts under strictest penalties into his exchequer by a certain day , which no other writ of summons to parliament doth . 4ly . by comparing it with a like writ to both the archbishops , and all bishops of engl. ( forecited , part 1. p. 4 , 5. ) to summon all their chapters , archdeacons , clergy , and other religious persons before them in their respective diocesses , and to excite them to a free and liberal contribution of an ayde to the king upon the same necessity and occasion ; whereof they were to certifie the kings counsil by certain discreet men ●…hosen by them , at the same time as the knights of counties were , both which writs are entred together in the same membrana , differ but two dayes in their date , and fully explain each other . 5ly , by parallelling it with this writ in claus. 19 h. 3. m. 8. dorso . rex vic. sussex salutem . scias quod archiepiscopi , episcopi , abbates , priores , comites , barones , & omnes alii de regno nostro angliae qui de nobis tenent in capite , spontanea voluntate sua et sine consuetudine concesserunt nobis efficax auxilium , ad magna negotia nostra expedienda : unde provisum est de constlio illorum , quod habeant de singulis feodis militum ward . quae de nobis tenent in capite duas marcas , ad praedictum auxilium nobis faciendum , et unde providerint reddere nobis unam medietatem ante festum sancti michaelis , anno regni nostri 19. & aliam medietatem ad pasch. anno regni nostri 20. ideo tibi praecipimus , quod ad mandatum venerabilis patris r. cicestr . episcopi cancellarii nostri sine dilatione distringas omnes milites et liberè tenentes qui de eo tenent per servicium militare , in balliva tua , ad reddendum ei de singulis feodis & wardis duas marcas , ad praedictum auxilium nobis per manum suam reddendum in terminis praedictis . sic scribitur pro aliis episcopis , abbatibus , prioribus , et magnatibus ; to the number of 23. and dors . 6. of the former roll , there is the like writ for other temporal barons . by which it is apparent , that in this kings reign , as well as in succeeding ages , all publike aydes granted in parliamentarie councils , were granted by the common consent of the archbishops , bishops , abbots , priors , earls , barons , and others who held of the king in capite ; by act of parliament , according to the forecited clause of the great charter of king john , and the subsequent statutes of 25 e. 1. c. 5 , 6. de tallagio non concedendo , 14 e. 3. c. 21. & stat. 2. c. 1. the petition of right , 3 caroli , and other acts ; therefore this ayde which these knights were chosen and summoned to grant for their respective counties , without the archbishops , bishops , abbots , priors , earls , barons and great men of the realm , or without any citizens or burgesses summoned together with them , was doubtless no parliamentary ayde , but a voluntarie free contribution of their own , without common consent in parliament ; and so this writ no writ of summons or election to a parliament , though not impertinent to my theam , and worthy observation . the 4th sort of writs i have found in my search which have any analogie to a summons of knights to a parliamentary council , is this memorable writ of claus. 45 h. 3 ●…m 6. dorso , not taken notice of by others . rex vic. norff. & suff. salutem . cum ex parte episcopi wigorn , comitem leic. et glouo . ac quorundam aliorum procerum regni nostri , vocati sunt tres milites de singulis comitatibus nostris , quod sint coram ipsis ad sanctum albanum in instanti festo sancti matthaei apostoll , secum tractaturi super communibus negotiis regni nostri . et nos & praedicti proceres nostri in eundem diem apud windesore convenimus ad tractandum de pace inter nos et ipsos . tibi praecipimus quod illis militlbus de balliva tua qui vocati sunt coram ets ad diem praedictum , firmiter * injungentes ex parte nostra ; ut omni occasione postposita , ad nos die praedicto veniant apud windesore , et eis etiam districte inhibeas , ne dicto die , alibi quam ad nos accedant ; sed eos modis omnibus venire fac . coram nobis ad diem praedict . nobiscum super praemissis colloquium habituros , ut ipsi per effectum operis videant et intelligant , quod nihil attemptare proponimus , nisi quod honori atque utilitati regni nostri ( tendere ) noverimus , querere . t. rege apud windesor . xi . die septemb. eodem modo mandatum est singulis vicomitibus citra trentam . our k historians relate , that a little before this writ , there fell out a great difference between king henry and his barons , concerning the provisions made at oxford , and his oath for their observation , from which he held himself absolved , because it was compulsory : the king and his partie objected against the barons , ( who pretended the profit of the realm ) that they sought only their own bonor and gain , contrary to their pretences and decrees : they on the other side spread abroad rumors among the people , that the king intended to introduce forein forces and impose taxes at his pleasure , &c. to the subversion of the state of the realm , and oppression of the people ; which the king by his proclamations protested against as false and scandalous , to undeceive his seduced subjects , whose affections and assistance the barons by these false suggestions endeavoured to alienate from him , as claus. 45 h. 3. pars 1. d. 15. and claus. 48 h 3. d. 9. pat. 48 h. 3. d. 20. record , whiles the king and barons thus banded against each other , it appears by this writ , the barons summoned 3. knights out of every connty to come before them at st. albans , on st. matthews day , to treat with them concerning the common affairs of the realm : but whether these 3. knights were elected by the inhabitants of each county , or such only as the barons themselves nominated , ( which is most probable ) appears not certainly by the writ , of which our histories make no mention . the king being informed hereof , to prevent this intended assembly at st. albans by his writs commands these lords and barons to repair to him at windsore the self-sameday on which they appointed these knights to meet them , to treat of a peace between him and them ; and by this writ commanded this and all other sheriffs on this side trent , to whom like writs were sent , to summon those very knights the barons had called to st. albans , to appear before him the same day at windesore , strictly prohibiting them to appear that day at any other place than before himself ; and to cause them by all possible means then to come before him , to conferr with him about the premises , ( to wit , the peace and reconciliation between him and the barons ) that so thèy might by the effect of that treaty both see and understand , that he purposed to attempt or seek nothing , but what he knew was for the honor and profit of his realnt . so as these writs in reality , were no proper legal summons of any knights of shires to a parliament , or great council , but rather an inhibition to divert them from confederating and meeting with the barons , by summoning them all at the same time to appear before the king at windsore , to be witnesses of his fair proceedings and publike intentions in the treatie of peace then intended between him and his barons . and that which further clears it , is somwhat a like writ in the same roll to the barons and bailiffs of sandwich about 3. weeks after the precedent writ : which for its raritie i shall here insert . l rex baronibus et ballivis suis de sandwic . salutem cum vos et progenitores vestri , nobis et progenitoribus nostris et coronae nostrae semper extitistis prompti et fideles , & jam per quosdam nobis adversarios protenus sicut audivimus , quod hac die quindena post festum s. michaelis , sub specie reformandae pacis . inter vos et barones nostros de wincheles , apud bradhull convenire debeatis , ubi in dampnum nostrum colligationes requirere , et eos quos poterint à nostra fidelitate avertere proponunt . vobis mandamus sub debito fidelitatis et dilectionis quibus nobis tenemini specialiter injungentes , ne ibi aliquo modo accedatis , aut animos vestros eorum suggestionibus aliquo modo inclinetis , et super contentionibus inter vos et dictos barones nostros de wincheles subortis , in pace vos habeatis usque ad festum nativitatis domini , ut tunc ad vos custodem portuum nostrorum , aut aliquem alium fidelem et discretum mittamus ad pacem illam prout melius et commodius fieri poterit , inter vos et ipsos reformandā ; nos enim praedictis baronibus nostris de wincheles , hoc ipsum injunximus per literas nostras . et quia intelleximus , quod quidam extranei contra nos ingressi sunt regnum nostrum , quorum quidam inter sandwic . & dover . quidam autem inter heth & fullesham , et quidam apud shorham nuper applicuerunt , et insuper quidam in partibus flandriae se parant ad ingrediendum modo consimili regnum nostrum , omnimodam diligentiam quam poteritis inhibeatis ad custodiend . et prohibend . ne aliqui extranei regnum praedictū modo praedicto ingrediantur , prout etiam alias dedimus vobis in mandatis . attendetis enim et fidelitatem et devotionem quam semper erga nos habuistis , et quas pro custodia maris ( quae vobis et caeteris portubus nostris specialiter incumbit ) et honores et libertates prae aliis et regno nostro adepti estis , quas speciali praerogativa semper intendimus et volumus conservare . t●…ste rege apud sanctum paulum london 3. die octobris . eodem modo mandatum est baronibus et ballivo de wincbeles . the very first record i have yet found , wherein there is express mention made of any writs to sherifs or others , to send any knights , citizens , burgesses and barons of the ports to parliament , is cl. 49 h. 3. d. 11. cedula . where after the * forecited writs to the bishops of durham & norwich , and the eodem modo mandatum est , to the bishops , abbots , priors , deans , earls , lords and barons , there follows this entry in the record , m item mandatum est singulis vicecom . per angl. quod venire faciant duos milites de legalioribus , probioribus et discretioribus militibus singulorum comitatuum ad regem london ; in octab. praedict in forma praedicta . item in forma praedicta scribitur civibus eborum , civibus lincoln , et caeteris burgis angl quod mittant in forma praedicta duos de discretioribus , legalioribus et probioribus tam cibibus quam burgenlibus suis. item in forma praedicta mandatum est baronibus & probis hominibus quinque portuum prout continetur in brevi inrotulato inferius . it seems by this writ , that the writs then issued to these knights , citizens and burgesses , were the same in form and substance with those to the spiritual and temporal lords , with little or no variation . but not one of them is particularly registred except the writ to the cinqueports varying in some clauses from the writs to the lords . that i shall principally observe from this entry , is , first , that there were only two knights , citizens , burgesses , barons of ports , and no more , to be sent out of every county , city , borough and port. 2ly . that these were to be duly qualified as these writs prescribed ; to wit , two of the more or most legal , honest and discreet knights , citizens , burgesses , barons , in every county , city , burrough and cinque-port . 3ly . that it appears not by this entry whether the counties themselves , or the sheriffs alone , were to elect and make choice of these knights . 4ly . that the writs for electing citizens and burgesses were directed immediately to the citizens and burgesses themselves , not to the sheriffs of the counties , wherein they were situated , nor to their mayors , sheriffs , or chief officers , as in succeeding ages . 5ly . that no writ issued to the citizens of london , their m liberties being then seiseà by the king , many of them imprisoned and their estates confiscated for siding with the barons against the king ; and that york and lincoln are the only cities mentioned particularly in the roll. it is evident by these clauses in the prologues to the printed statutes of marleborough , anno 52 h. 3. the more discreet men of the realm being called together , as well of the higher , as of the lower estate , &c. of westm. 1. anno 3 e. 1. these be the acts of king edward , &c. made at westminster , at his first parliament general after his coronation by his counsil , and by the assent of archbishops , bishops , abbots , priors , earls , barons , and all the commonaltie of the realm being thither summoned , &c. that writs of summons issued to all these respectively in these two parliaments and others succeding them ; but yet i find no writs of summons or elections to ●…hese parliaments now extant in the clause or other rolls of these years to the temporal lords , or sheriffs ; the writs being then kept in bundles by themselves , ( especially those to sheriffs , ) and not entred in the clause rolls , and those bundles quite lost through negligence , or casualtie . the very first writs of summons of knights , citizens and burgesses issued to sheriffs , that i have met with in our records entred at large in the rolls , are these of claus. an. 22 e. 1. m. 6. dorso . which are very rare and memorable , extant in no collections of these writs by others , that i have seen . rex vic. northumbr . salutem . quia cum comitibus , baronibus , et caeteris magnatibus de regno nostro super quibusdam negotiis arduis nos et idem regnum nostrum contingentibus , in crastino sancti martini , prox . futuro apud westm. colloquium habere volumus et tractatum . tibi praecipimus , quod eligi facias duos milites , de discretioribus et ad laborandum potentioribus de com. praedicto , et eos ad nos usque westm. venire facias . ita quod sint ibi in crastino praedicto , cum plena potestate pro se et tota communitate com. praedicti , ad consulend . et consentiend . pro se et communitate illa , biis quae comites , barones , & proceres praedicti concorditer ordinaverint in praemissis . et ita quod pro defectu potestatis hujusmodi idem negotium infectum non remaneat . et habeas ibi hoc breve . teste rege apud westm 8 die octob. consimiles literae diriguntur singulis vicecomitibus angliae . t. ut supta . after which followes this second writ entred immediately after it in the same dorse . rex vic. northumbr . salutem . cum nuper tibi praeceperimus , quod duos milites de discretioribus & ad laborandum potentioribus ejusdem comitatus , de consensu ejusdem eligi , et eos ad nos usque westm. in crastino sancti martini prox . futuro cum plena potestate pro se & tota communitate ejusdem com. venire faceres , ad consulend . et consentiend pro tota communitate illa hiis qui comites , barones , et proceres de regno nostro in dicto crastino ordinaverint . tibi praecipimus firmiter injungentes , quod praeter duos illos milites eligi facias alios duos milites legales , et ad laborandum potentes , et eos una cum dictis duobus militibus usque westm. venire facias . ita quod in dicto crastino sint ibidem , ad audiendum et faciendum quod et tunc ibidem plenius injungemus . et hoc nullo modo omittas . et habeas ibi hoc breve . teste rege apud westm. 9. die octobr. eodem modo mandatum est singulis vicecom . angliae , mutatis mutandis . t. ut supra . in these two writs there are many things worthy our special observation . 1. that the word parliamentum is not used in them , but only colloquium et tractatum . 2ly . that there is no mention in these writs of any colloquium or tractatum , cum praelatis ; but only cum comitibus , & caeteris magnatibus de regno nostro . 3ly . that the sheriffs are required only duos milites de com. praedicto eligi fac . &c. without any citizens or burgesses of the cities or boroughs within their respective counties . 4ly . that these two knights were to be thus qualified ; de discretioribus , et ad laborandum potentioribus , & magis legales ; and to be de com. praedicto ; not of any other county . 5ly . that they were to be elected , de consensu ejusdem comitatus , not without or against their consents . 6ly . that they were to appear at the day and place prescribed in the writs ; cum plena potestate pro se et tota communitate com. praedict . ad consulend . et consentiend . and that only , hiis quae comites , barones & pr●…eres praedicti concorditer ordinaverint in praemissis ; not what the knights themselves should ordain or prescribe : who could then vote , order , determin nothing , but what the earls , barons , nobles , and the king did first ordain and advise : much less ordain or order any thing without and against their wills , order and assents , as some of late most insolently and unparliamentarily have presumed to doe without the least ground , warrant , reason , president : as is further evident by this in the later writ ; ad audiendum et faciendum quod et tunc ibidem plenius injungemus . 7ly . that there is but one days difference between the dates of both these writs , and that they issued in the self-same form ( mutatis mutandis ) to all the sheriffs of england . 8ly . ( which is most observable ) . that the king by these writs enjoyns every sheriff in each county of england , quod praeter duos illos milites , which they were to elect by virtue of the first writs , eligi facias duos alios milites legales , &c. et eos una cum dictis duobus militibus usque westm. venire facias , &c. so that they were to elect no less than 4. knights by these two writs for every county , with equal power and authority ; who were all to appear and serve in this parliament : a clear evidence , that the king in this age was not confined to any certain number of knights ( nor yet of citizens or burgesses ) in any county , but might then summ●…n so many knights , as he thought most expedient and necessary , since reduced to a certainty by the subsequent statutes of 5 r. 2. c. 4. 7 h. 4. c. 15. 11 h. 4. c. 1. 1 h. 5. c. 1. 6 h. 6. c. 4. 8 h. 6. c. 7. 10 h. 6. c. 2. 23 h. 6. c. 11. 15. 27 h. 8. c. 26. 34 h. 8. c. 13. 35 h. 8. c. 11. 9ly . that the king by his tibi praecipimus firmiter injungentes , & hoc nullo modo omittatis ; manifests , that the sheriffs were bound at their peril to obey , execute both these writs , without disputing or disobeying them . 10ly . that though the writs enjoin the sheriff only , & habeas ihi hoc breve ; yet the sheriff was to return the names of the knights elected together with the writ , as the practise and returns in those times resolve . the next writs i have met with for electing knights citizens and burgesses , are those in claus. 23 e. 1. m' 4. dorso . rex vic. northt . salutem . quia cum comitibus , baronibus , & caeteris proceribus regni nostri super remediis contra pericula quae eidem regno hiis diebus imminent providend . colloquium habere volumus et tractatum , per quod eis mandavimus , quod sint ad nos die dominica prox . post sestum sancti martini in yeme prox . futur . apud westm. ad tractand . ordinand . & faciend . qualiter sit hujusmodi periculis obviand , tibi praecipimus firmiter injungentes , quod de com. praevicto duos milites , & de quolibet civitate ejusdem com. duos cives , & de quolibet burgo duos burgenses , de discretioribus , et ad laborand . potentioribus sine dilatione eligi , et eos ad nos ad praedictos diem & locum venire fac . ita quod dicti milites plenam & sufficientem potestatem pro se & communitate com. praedicti , & dicti cives et burgenses pro se et communitate civitatum et burgo●…um praedictorum divisim ab ipsis tunc ibidem habeant ad faciend . tunc quod de communi consilio ordinabitur in praemissis . ita quod pro defectu hujusmodi potestatis negotium praedictum infectum non remaneat quoquo modo . et babeas ibi nomina militum , civium & burgenfium , & hoc breve . teste rege apud cantuar. tertio die octobr. consimiles literae diriguntur singulis vicecom . per angliam , et de eadem data . the next writs of this kind now extant , are those of claus. 24 e. 1. m. 7. dors . little different from the former . rex vic. linc. salutem . quia cum comitibus , &c. ( as in the former writ ) quod sint ad nos in crastino animarum prox . futur . apud sanctum edmundum ad tractand . ordinand . et faciend . qualiter sit periculis obviand . hujusmodi et statui ejusdem regni tutius , et utilius consulend . tibi praecipimus quod de com. praedicto duos milites , et de qualibet civitate ejusdem com. duos cives , et de quolibet burgo duos burgenses de discretioribus et ad laborand . potentioribus , sine dilatione eligi , et cos ad nos ad praedictos diem et locū venire facias . ita quod dicti milites plenam & sufficientem potestatem pro se et communitate com. praedicti habeant in praemissis ; ita quod pro defectu potestatis hujusmodi negotium praedictum non remaneat quoquo modo inane . et habeas ibi nomina militum , civium et burgensium et hoc breve . t. ut supra . consimiles literae diriguntur singulis vicecomitibus per angliam . t. ut supra . there is nothing remarkable in this writ , but only that it differs somewhat in words , but not in substance from the ordinary writs succeeding it , in the ita quod , &c. i shall therefore proceed to the next writs of this kind . the next are these notable writs ( unobserved by others ) which i meet with in 25 e. 1. when the great charter of the liberties and of the forest were to be confirmed , in respect of a great ayd given to the king against the french , thus entred in claus. 25 e. 1. d. 6. after the writ de parliamento tenendo to the * archbishop of cant. dated 9 die septembris , and the list of the names of the spiritual and temporal lords . rex vic. ebor. salutem . quia in relevationem omnium incolarum et populi regni nostri pro octava omnium honorum singulorum ligeorum per totum idem regnum pro urgentissima nunc dicti regni contra gallicos necessitate levanda , concessimus pro nobis et haeredibus nostris confirmare , et firmiter teneri facere magnam cartam de libertatibus angliae ; et cartam de libertatibus forestae ; & concedere omnibus & singulis ejusdem regni literas nostras patentes ; quod dictae octavae levatio non cedat eisdem in praejudicium , servitutem et exhaeredationem , usum vel consue tudinem in futurum . tibi praecipimus firmiter injungentes , quod sine dilatione aliqua duos de probioribus et legalioribus militibus com. tui eligi , et eos plenam potestatem pro ipsis & tota communitate dicti com. habentes , ad edwardum filium nostrum carissimum , tenentem in anglia locum nostrum , venire facias . ita quod sint london . ad eundem filium nostrum modis omnibus in octabis sancti michaelis proximo futuri ad ultimum , cartas super confirmatione nostra cartarum praedictarum , et literas nostras super dicta concessione pro ipsa communitate in forma praedicta recepturi , & facturi ulterius , quod per dictum filium nostrum ibidem fuerit ordinatum . et boc nullo modo omittas . et habeas ibi boc breve . t. edwardo filio nostro apud sanctum paulum london 10. die septembr . consimiles literae diriguntur singulis vicecom . per angliam . from these new extraordinary writs , i shall observe , 1. that extraordinary publike necessities against forein enemies , require extraordinary aydes from the people . 2ly . that when ever such extraordinary excessive ayds were granted by parliament , it was with this special caution , that the king by his patents as well as the parliament , should declare , that it should not afterward be drawn into custom , nor turn to the prejudice , thraldom , or dishinherison of the people in succeeding times . 3ly . that those extraordinary aydes were recompenced with extraordinary grants and new * confirmations of the great charters of the liberties of engl. and of the forest , ( which the * lords and commons then much pressed and insisted on ) for the king and his heires , which were new confirmed by special letters patents , which the knights elected for every county , were to be impowred by the commonaltie of each county to receive , and to deliver to them . and to do what else the prince by advice of the nobles should ordain in this parliament . 4. that the chief occasion of this writ and parliament was this ; the earls of hereford , and marshall , who were very powerfull and popular , inhibited the barons of the eschequer , after the kings passage into flanders , to levy the 8. part of their goods granted to him at st. edmunds , without their consents ; and induced the city of london to joyn with them , not to pay the same , unless these great charters and their other liberties were first confirmed , which the prince and his counsil promised to doe , as you may read at large in thomas de walsingham , hist. angl. p. 35. to 42. and ypodigma neustriae , p. 84 , 85 , 86. &c. mat. westminster , anno 1297. p. 409 , 410. henry de knyghton , de eventibus angliae , l. 3. c. 11. holinshed , grafton , with other our vulgar historians ; and my plea for the lords , p. 98. to 104. the prince , by advice of the counsil , after the summons of this parliament , to prevent all commotions by these earls and their confederates , issued special writs not only to all * great cities and corporations of england , prohibiting , ne congregationes & conventicula fiant , to disturb the publike peace , and to all captains and governors of castles , in respect of the present dangers , safely to guard their castles , so as non nobis vel dicto consilio non passet aliquod periculum imminere , as the writs at large inform us ; but likewise sent special writs to some earls and lords formerly summoned to the parliament at london , and to some others whom they most confided in , to repair to the prince and his counsil , with their horses and arms ; as is evident by these memorable writs intermixed with the writs of summons to this parliament , claus. 25 e. 1. m. 5. dorso . * rex dilecto et fideli nostro ricardo fil . alani comiti arundell salutem . quia nuper ante passagium nostrum ad partes transmarinas injunximus edwardo filio nostro , tenenti in anglia locum nostrum , quaedam negotia nos & regnum nostrum specialiter contingentibus , super quibus ipsum vobiscum habere volumus colloquium & tractatum . vobis mandamus in fide et dilectione quibus nobis tenemini firmiter injungentes , quantum sitis , cum equis et armis ad dictum filium nostrum die dominica proxima ante instans festum sti. michaelis ubicunque tunc fuerit in anglia ; ad veniendum ibidem cum dicto filio nostro et ejus consilio super dictis negotiis locuturi & tractaturi , ac facturi quod tunc uobis per ipsum & consilium suum injungetur ex parte nostra . et hoc sicut nos & bonorem nostrum , & commodum regni nostri diligitis , nullatenus omittatis . t. edwardo filio regis apud sanctum paulum london . 9 die septembris . consim . literae diriguntur subscriptis , roberto de dacre , and 48 more . ( the like writs issued fulconi fil . warini , to be cum equis & armis ad dictum filium nostrum london in octab. sancti michaelis , prox futur . ibidem cum dicto filio nostro et ejus consilio super dictis negotiis locuturi et tractaturi , &c. t●…ut supra . consimiles literae diriguntur , to 28. others . ) et memor . quod omnes isti rogati fuerunt quod venirent apud roffs : praeter phum . muhaunks , nichum . bramcher , simonem roges de fydoks , petrum mellore , & phum . de wylyver , quorum brevia fuerunt restituta . rex dilecto et fideli suo johanni gifford salutem . licet nuper vobis mandaverimus , quod propter quaedam ardua negotia nos et regnum nostrum tangentia , ad parliamentum quod erit london in proximo crastino sancti michaelis ad edwardum filium nostrum , tenentem in anglia locum nostrum modis omnibus veniretis . vobis tamen ob aliquas certas causas firmiter injungendo mandamus , quod interim taliter ordinetis , quod equi vestri et arma sint ad vos london . in octabis dicti festi sancti michaelis ad ultimum . et hoc sicut nos et commodum regni diligitis , nullatenus omittatis . t. edwardo filio nostro apud sanctum paulum 16. die septembris . consimiles literae dirigunlur subscriptis , viz. edmundo com. cornub. roberto de tateshall , fulconi fil . warini . so as it appears by these writs that there was first a summons to london to the parliament , and after to a kinde of militari camp , cum equis & armis . these writs would have little prevailed to secure the prince and his counsil , and prevent insurrections , had they not then issued out the former , for the confirmation and future inviolable observation of the great cbarters , and redress of all other grievances mentioned in their petitions in walsingham , the free and full concession whereof in parliament , and ratification of these charters , quieted all tumultuous spirits and drew on the people to a chearfull payment of that extraordinary tax which disgusted them . the next writs are not entred in the clause rolls , but i find the original writs themselves , with their returns , in the bundle of them yet extant in the tower , out of which i shall present you with this true transcript , copied with my own hand . anno 26 e. 1. bundela n. 1. edwardus dei gratia rex angliae , dominus hyberniae , & dux aquitaniae . vic. northt . salutem . quia apud ebor. in instanti sesto pentecostes esse proponimus deo concedente , et ibidem cum comitibus , baronibus , et caeteris proceribus dicti regni super negotiis nos et statum ejusdem regni tangentibus habere volumus colloquium et tractatum : per quod mandavimus tisdem comitibus , baronibus , et proceribus quod tunc sint ad nos ibidem nobiscum locuturi , et super dictis negotiis tractaturi . tibi praecipimus firmiter injungentes , quod de com. praedicto duos milites , et de qualibet civitate ejusdem com. duos cives , et de quolibet burgo duos burgenses de discretioribus , et ad laborandum potentioribus sine dilatione eligi , & eos ad nos ad praedictos diem et locum venire facias . it a quod dicti milites plenam et sufficientem potestatem pro se et communitate com. praedicti , et dicti cives & burgenses pro se et communitate civitatum et burgorum praedictorum divisim ab ipsis tunc ibidem habeant , ad faciend . quod tunc de communi consilio ordinabitur in praemissis . ita quod pro defectu hujusmodi potestatis negotia praedicta infecta nō remaneant quoquo modo . et habeas ibi nomina militum , civium et burgensium , et hoc breve . teste meipso apud fulham , 13. die aprilis , anno regni nostri vicessimo sexto . the rest of the writs in this bundle to the other sheriffs were all in the self-same form , and have the self-same date , except that to the sheriff of london ; therefore i shall not repeat any more of them , but acquaint you with the several different returns of the sheriffs endorsed on every of these writs , or in cedules annexed to them , being the first returns extant , full of excellent variety and use , as well as ratity . the first writ to the sheriff of northampton , is thus endorsed and returned by the sheriff . nomina militum electorum pro com. northamptone stephanus rabas man : per rogerum fil . galfridi . willielmum cartar henr. de ossevill willielmum andrew . philippus de bosco man. pe●… alex. wyn , de wodeffs . gervas gould de eadem . will. pestour de eadem . simonē craneffe de eadem nomina burgensium electorum pro villata northampt. johannes de longevylle man. per matthaeum le mercer , iohannem minsmyth , robertum de sedeffs , willielmum demont . spencer de northt . man. per johan . de thorp hugo le paumer henry de harwood galfr. de garliks . the writ to the sheriff of the county of oxford , is thus endorsed and returned , milites et burgenses subscripti electi sunt secundum formam content . in brevi , et manucapt . de veniend . &c. viz. willielmus de nalebrok miles , henricus de bruly miles , with two manucaptors for each . de burgo oxon : 2. burgesses are returned , with 2. manucaptors for each . non sunt plures burgi & civitates in com. oxon. the writ to the sheriffs of london is , quod de civitale praedicta duos cives de discretioribus & ad laborandum potentioribus sine dilatione eligi , &c. ut supra . t. rege apud westm. 10 die aprilis . on which writ this return is indorsed , secundum quod injunctum est nobis per istud mandatum , eligi fecimus walterum de fynchyngfeld , et adam de fowham , ad essend . coram vobis ad diem et locum in brevi contentos , vobis collocutur , et super negotiis vestris tractatur . quibus ad hoc plenam et sufficientem potestatem dedimus nomine nostro , prout praecipitur in brevi . the writ for middlesex is thus returned , totus com. midd. elegerunt ricum . de wyndesore & henricum de enefeld milites , ad veniend apud eborum , pro toto com. &c. manucaptores dom. rici : de wyndesore essendi ad diem in brevi , 2. are there returned , with two for the other . nulla est civitas vel burgus in balliva mea . the return for hereford is in this form . nomina duorum militum com. hereford . manucaptores thomae de chabenore , 4. there named as his manucaptors . manucaptores thomae de la mare , 4. there listed as his manucaptors . nomina duor . civium civitatis hereford , 2. there returned , having each 2. manucaptors . nomina duorum burgensium de burgo leominster , 2. burgesses returned with their two manucaptors apeece . nomina duorum burgensium de burgo de bewelye 2. with 2. manucaptors for either returned . the return of the sheriff of buckingham . johannes de sherwode miles , electus est , et habet plenam et sufficientem potestatem pro se et communitate com. praedicti . et idem johannes manucaptus est veniendi coram vobis ad diem in brevi contentum . nomina manucaptorum praedicti johan . &c. 4. there named and returned . laur : de blunkesdon miles , electus est in forma praedicta , et manucaptus est veniendi coram vobis ad diem in brevi contentum . nomina manucapt . &c. 4. there specified . nulli sunt cives nec burgenses in com : praedicto , nec civitas , nec burgus : propter quod cives nec burgenses coram vobis ventre facere non possum . the return of the sheriff of bedford , walterus fil . roberti miles , electus est , et habet plenam et sufficientem potestatem pro se et communitate com. praedict . et idem walterus manucaptus est de veniendo coram vobis ad diem in brevi contentum . nomina manucaptorum praedicti walteri 4. ricardus de rous miles , electus est , et habet plenam , &c. ut supra , & distring : per octo boves et quatuor afros , veniend . coram vobis ad diem in brevi . burgenses thomas halyday de burgo bed : electus est , & manucap . per 4. there listed . robertus de cywelle de burgo bed. manucapt . per 4. there named . the return of the sheriff of surrey endorsed on the writ , milites , burgenses electi in com : surr. viz. ioban : de auburnon miles , manucapt . est per 2. there listed . iohannes de hamme miles , per 2. others . burgus de gildeford , 2 burgesses , with 2 manucaptors . burg : de sutbwerk , 2 burgesses , with 2 manucaptors . burgus de reygate , 2 burgesses , with 2 manucapsors . burgus de blecchyngelegh 2. with 2 manucaptors for each of all these burgesses , milites , cives et burgenses electi in com : sussex , viz : & manuc : secundum tenorem brevis . henricus huse miles , manucapt . est per 2. venire ad diem , &c. radul : samsaver miles , manucapt . est per 2. venire ad diem . burgenses de seford 2. having each 2 manucaptors . burgenses de shorham 2. with 2 manucaptors . burgenses de steryng bunibus , with 2 manucaptors . burgenses de lewes 2 with 2 manucaptors for either . cives civitatis cycestr : 2. with 2 mauucaptors for each . nomina militum , civium , burgensium in com : wigorn. electorum , willielmus de meueschal miles , et sunt manucaptores ejusdem willielmi 2. thomas de bertelegh miles , & sunt manucaptores 2. there listed . cives wigorn : 2. man : 2. for each , there named . burgenses de wychia 2. manuc . 2 for either . schedula . nomina militum et burgensium secundum tenorem brevis domini regis huic panello attach : electi de essendo ad diem et locum in brevi content . prout in eodem praeeipitur . milites robertus de . berkeleye , man. 4. johan . de langeleye , man. 4. there listed . burgenses de villa bristoll johannes de tanner , man. 2. iohannes de cheddre , man. 2. burgenses de villa gloucestr : 2. with 2 manucaptors returned . nulla est civitas in com : gloucestr . de com. derby electi sunt duo milites , qui plenam et sufficientem potestatem habent pro se et communitate com : praedict : secundum tenorem hujus brevis , viz. henricus de braylesford miles , qui manucaptu●… per 2. henricus filius herberti miles , qui manucapitur by 2. there listed . et breve istud returnatum fuit willo : le oyler balliuo libertatis villae derb : qui plenum returnum brevis habet pro duobus burgensibus ejusdem villae , et mihi respond : quod elegit assensu communitatis totius villae praedictae magistrum willum . broun de derby , et nicbum . le latimer de eadem , who have two manucaptors for each returned . de com. nottingh . electi sunt duo milites , qui plenam et sussic . potestatem habent pro se et communitate comitatus praedicti , secundum tenorem hujus brevis , viz. richus . de byngbam miles , qui manucaptus per 2. richus de furneus miles , qui manucaptus per 2. there named . et breve istud retorn , fuit ballivis libertatis villae nottingh . pro duobus burgensibus ; qui michi responderunt , quod eligerunt assensu communitatis villae praedictae , johem le flemyng , de nott. adam de flemyng de eadem : who found two manucaptors a-peece there recorded . willus : de hodenet miles electus , manucaptus est ven : ad diem in brevi contentum per 2. petrus de byton miles electus , manucaptus est per two there named . burgenses de salop 2. burgenses ; de bruges 2. there named , manuc . per 2 manucaptors for each of them . willielmus de stafford miles electus , manucaptus est venire ad diem in brevi contentum per 2. henricus mauney miles electus manuc . est per 2. there recorded . burg. de stafford ven . & non alii . nomina militum . robertus de hoo & iohannes aygnel electi sunt in pleno com. hereford , duos milites per communitatem ejusdem com. ad diem et locum in hoc breui content . ad faciend . quod breve exigit ; et manucapti sunt prout patet in cedula huic brevi annexa : wherein there are four manucaptors for either of them returned . iohannes de westret de hereford , simon walle de eadem electi sunt duos burgenses per communitatem burgensium hereford in forma praedicta ; et manucapti sunt , prout patet in dicta cedula huic brevi consuta : having each 4. manucaptors , all of hereford . nulla est civitas , nec plures burgi in dicto com. existunt . per istud breve elegi per communitatem totius com. duos milites , scil . johannem de folevill , et willielmum de bercks . qui manucapti sunt essendi apud ebor. ad diem in brevi nominatum : & sunt manucaptores , 3 for each there listed . nulla est civitas nec burgus in balliva mea . nomina militum electorum pro communitate com. westmerl . thomas de derewenwater electus est , et manucaptus per 2. rogerus de burton , manucaptus per 2. there named . de civibus nichil , quia nulli cives sunt in com. praedicto . nomina burgensium , 2. there returned for apelby ; who had two manucaptors for each . responsum istius brevis est in quodam panello huic brevi attacbiato . vvillus : de cotes miles , electus pro communitate com : manucaptus est . veniend . ad diem infra content . per 2. iohannes de grynstede miles , electus est pro eadem communitate , manucaptus per two there named . cives 2. pro civitate novae sarum electi , manucapt . veniend . per two manucaptors for each . burgenses 2. pro burgo de dounton , 2. pro burgo de devises , 2 pro burgo de chippenham , 2 pro burgo de malmsbur . who had two manucaptors for each therein returned . et retorn : fuit constab. merleberge , et ballivis libertatum de kalne & worthe , qui nullum inde dederunt responsum . nullus venil nec burgus de lanc. is endorsed on the writ ; in the cedule annexed this return is made . eligi feci per consensum totius com : henricum de kyghebey , & johannem devias milites , essendi ad diem ut infra brevi , qui plenam et sufficientem potestatem habent pro se et communitate totius com. ad faciend . prout in brevi continetur . el sunt manucaptores ipsius henrici , veniendi ad diem ut infra 4. and 4. for the other knight there returned . nulla est civitas in com. lanc. burgenses 2. de preston . burgenses 2. de lancastria ; who all finde 4. manucaptors for each of them there returned . nomina duorum militum electorum pro communitate com. lincoln , & eorum manucaptores . manucaptores willi : dysux militis 4. johan : marmyon militis 4. there named . nomina civium civitatis linc. & eorum manucaptorum , two citizens there returned , found each 4. manucaptors . nomina burgensium burgi stamfordiae , et eorum manucaptores , 2. returned , who had 4. manucaptors apeece : grymesby , two burgenses thence returned had each of them 4 manucaptors . nomina militum electorum pro communitate com. northumbr . dominus henricus de dychende , & est manucaptus per 4. dominus johannis de ogghel , & est manucaptus per 4. there named . nomina burgensium electorum pr●… communitate burgi novi castri super tynam sunt in cedula huic brevi annexa : 2. burgenses are returned in the cedule , with 4. manucaptors for either . arrayamentum hujus brevis attachiatur huic brevi , is indorsed on the writ , with this cedule , nomina militum electorum pro com. ebor. manucaptores iohannis sampson 2 manucaptores iohannis de heselarton 2. there named . nomina civium civitatis ebor. cum eorum manucapt : 2. returned , with two several manucaptors for either . nomina burgensium de com. ebor. cum eorum mas nucapt . beverlac . 2. scardeburg . 2. pontefract 2. malton 2. alverton 2. burgenses returned from each , with two manucaptors for every of them . nomina militum de com : suff. dominus johannes de byckele cujus manuc . sunt 2. dominus petrus de dennarstover , cujus man. sunt 2. there named . nomina burgensium gyppeswic . 2. nomina burgensium de dunewyco 2. nomina burgensium de oreford 2 , returned for either , with two manucaptors for each of them . nullus ven . in burgo de norwico is indorsed on the writ . in cedula . nomina militum com. norff. dominus vvillielmus rostovyn , cujus manuc . sunt 2. dominus willus : de warnny , cujus manue . sunt 2. nomina civium norwic. 2. with two manucaptors apeece . nomina burgensium de lenn : 2. who found two manucaptors for either . pro burgo de ieremuta , returnatum fuit istud breve ballivis de ieremuta qui habent returna brevium , et nichil inde mihi responderunt . responsum est in panello huic brevi annexo . the cedule annext begins thus . nomina militum , civium et burgensium de comitatu devon. electorum pro communitate com. praedict . de assensu totius communitatis devon. electi sunt duo milites , viz. johannes de umfravill , & willielmus de chambernoun , quos distring . essend . ad diem in brevi contentum ; sed johannes de umfravill nullum manucaptorem micbi mittere voluit . willielmus de chambernoun manucaptus est , per simonem de hok , johannem richman . cives , pro civitate exon. electi sunt cives 2. with two manucaptors apeece . burgenses ; barnst . 2. plimpton 2. sutton 2. totton 2. dertemouth 2. ashperton 2. with two manucaptors for each burgesse there returned . henricus de blount unus duorum militum electus , per se et communitate com. essex manucapitur per 6. willielmus de dureem alter miles electus pro eodem com. manuc . per 6. the two burgenses elected pro communitate burgi cole . cestr . manuc . per 4. manucaptors for each . et non est aliqua civitas in balliva mea , nec alter burgus quam super nominat . johannes de aunger mil. & robertus pontrel , milites electi pro toto com. leic. plenam potestatem pro eodem com. habentes , manucapti sunt essendi coram vobis ad diem in brevi content . secundum tenorem istius brevis . et praedictus johannes manucap : per two , and the others by two manucaptors there named . the 2. burgenses elected pro villa de leicest . in forma praedict . find each two manucaptors , there returned . philippus de gaytone , & johannes fil . guidonis , milites electi de com . warr. plenam potestatem babent pro toto com . praedicto ; manuc . sunt essendi coram vobis ad diem in hoc brevi content . per two manucaptors apeece , electi 2. de villa de coventr , & 2 homines villae warwick : each of them find two manucaptors . burgesses 2. electi de civ . roff : quorum uterque manu . cap. per 4. there named as their joynt manucaptors . milites electi de com . cant. richus de scombard , & johannes de gosehall , quorum uterque man. per 4. manucaptors there listed . burgenses civitatis cant. 2. quorum uterque man. per 4. there returned . milites electi de com. cantebr . stephanus le messer de oversdone , petrus de armyngton de eadem : macapt . 4. returned after them . burgenses 2. cant. with two manucaptors for each de eadem villa . milites electi de com. hunt. radus . de laytone , ricus . hotot , man. 4. for both . burgenses 2. for hunt : with two manucaptors for each ejusdem villae . regin : de bevill & thomas de pridiex milites , electi sunt per totam communitatem com. cornub. qui quidem manucapti sunt veniend apud ebor. ad diem in brevi content . et ad faciend . prout continetur in brevi : each of them having 4. manucaptors returned over against their names . nomina burgensium ; de bodmin 2. qui man. per 4. manucaptores . nomina burgensium de launcest . qui man. per 4. manucaptores . nomina burgensium de trurou . qui manuc . sunt per 4. manucapt . nom. burgensium de helston 2 qui manuc . per 4. manucaptores apeece , there named . responsio hujus brevis patet in cedula huic brevi consuta . nomina duorum militum electorum in com. sutht . hugo de escote miles , qui manuc . per 2. baldewinus de bello monte , qui manuc . est per two there returned . nomina civium civitatis wynton . 2. with two manucaptors for each , all de wynton . nomina burgensium de burgo sutht . 2. with two manucaptors apeece . nomina burgens . burgi de portesmuth 2. with two manucaptors for each . in plena com. dors. per totam communitatem com. eligi feci duos milites , & de quolibet burgo duos burgenses , de discretioribus et ad laborandum potentioribus , secundum tenorem hujus brevis : nomina continentur in cedula huic brevi annexa . qui quidem milites plenam & sufficientem potestatem pro se & communitate com. praedict . et dicti burgenses pro se & communitate dictorum burgorum divisim ab ipsis habent . et tam praedicti milites , quam praedicti burgenses , manucapti sunt veniendi coram vobis ad diem et locum in brevi contentos ad faciend . quod tunc ibidem ordinabitur , secundum tenorem hujus brevis , prout continetur in eadem cedula . nulla est civitas in com. praedicto is indorsed on the writ . in the cedule annexed followes , milites com. dors. & eorum manucaptores , philippus maubanke miles , with two man. jacobus de trowe miles , with two manucaptors there listed . nomina burgensium ejusdem comitatus , et eorum manucaptores , viz. de burgo de brideport 2. with two manucaptors for either . de burgo de dorcestria 2. with two manucaptors . de burgo de shafton 2. with two manucaptors for either . the last writ in the bundle is thus indorsed . in pleno com. somerset per totam communitatem ejusdem com. eligi feci duos milites , et de qualibet civitate duos cives , et de quolibet burgo duos burgenses de discretioribus et ad labor andum potentioribus , secundum tenorem hujus brevis , quorum nomina continentur in cedula huic brevi consuta . qui quidem milites plenam & sufficientem potestatem , pro se & communitate com. praedict . habent , & dicti cives pro se & tota communitate dictae civitat . divisim ab ipsis habent , & dicti burgenses pro se et tota communitate dictorum burgorum divisim similiter ab ipsis habent . et praedicti milites , quam praedicti cives & burgenses manucapti sunt veniendi coram vobis ad diem et locum in brevi contentos , ad faciend . quod tune ibidem ordinabitur , secundum tenorem hujus brevis , prout continetur in praedicta cedula ; which follows in this form . nomina militum com. somerset et eorum manucaptores , robertus de brent miles , johannes de wyk miles to whose names he returns severally , manucaptus est per two there named . nomina civium civitatis bathon . & eorum manucaptores ; henricus baton , & thomas le mesteer , who have 2. manucaptors ' apeece . nomina burgensium ejusdem com. de burgo taunton , 2. with two manucaptors for each ; de burgo de brigges walteri 2. with two manucaptors ; de burgo de welles 2. with two manucaptors ; de burgo de ivelcester 2. with two manncaptors ; de burgo de milleburne-port 2. with two manucaptors apeece . the writt to the sheriff of hertford and the return thereof , is wanting in this bundle , and i have here for brevitie , left out the names of most citizens and burgesses returned , with their manucaptors names . it is observable , from these writs issued to the sheriffs , 1 , that there is no mention at all of the bishops , abbots , or clergie summoned to this convention at yorke , touching any conference or treaty there to be held with them ; but only cum comitibus , baronibus & proceribus regni nostri ; who were only summoned thither ( as this writ imports ) the clergy being then in a * praemunire , and under the kings displeasure , as i conceive . 2. that the earls , barons , and nobles of the realm , were the only persons summoned , nobiscum locuturi , & super praedictis negotiis tractaturi : and the knights , citizens , and burgesses elected , required , and impowred only , ad faciend : quod tunc de communi consilio ordinabitur in praemissis : which full and sufficient power they were every of them to receive for themselves and the whole commonalties who elected them , from the said respective commonalties , by vertue of the kings writ . 3ly . that the want of such a full and sufficient power , might hinder and disappoint the execution of such businesses as were there appointed and ordained by common consent of the king and lords . 4ly . that the word parliamentum is not used in any of these writs . 5ly . that there is no writ in this bundle to the constable of dover , and warden of the cinque-ports , for electing any barons for those ports , nor any returns made of them . 6ly . that the city of london had then a particular writ directed to the sheriffs thereof for the election only of two citizens , and no more . i shall observe also from the sheriffs returns of these writs , 1. that the knights in every shire were elected in the full county , by and for the whole county ; from whom they received full and sufficient power , ad faciend . quod tunc ordinabitur secundum tenorem hujus brevis : and that the citizens and burgesses were then elected and impowred by the respective commonalties of the cities and burroughs for whom they served . 2. that all the sheriffs did then exact and receive from every knight , citizen , burgesse thus elected and returned , special manucaptors for his appearing at the day and place appointed by the writ , whose names they returned ; some of them requiring , & they putting in 6. others 4. most of them two manucaptors apeece of good qualitie , for their appearing ; though the writs particularly enjoyned them not to take any manucaptors ' from them . and that by vertue only of this geueral clause in the writs : et eos ad nos ad praedictos diem et locum venire facias : it being the * usual legal way to cause them to repair to the king and parliament at the day & usual place prefixed ( in other writs ) which practice afterwards continued ; there being manucaptors returnd & sound by most knights , citizens , burgesses , that i hav seen , after the reign of king edw. the 1. & 2. till 12 e. 4. though many had none in later times 3. that of all the knights , citizens and burgesses elected and returned this year , one or two of them only refused to finde manucaptors ; to wit , john de umfravill chosen one of the knights for devon , which the sheriff specially returns : and sir william rous one of the knights for bedfordshire , as it seems , whom the sheriff thereupon distrained , per octo boves et quatuor afros veniend . coram vobis ad diem in brevi : 4ly . that the sheriffs returns are various and different in their forms , some more general , & brief , some more full and punctual according to the contents of the writ ; some with cedules annexed , others on the dorse of the writs , yet all accepted as sufficient , and legal . 5ly . that some counties in after times , & at this day , have many more boroughs , sending 2. burgesses apeece to parliaments than they had in 26 e. 1. by new charters fince purchased , as appears by comparing these returns with those of later and present times . 6ly . that such cities and boroughs who had returns of writs , made their own returns of their citizens and burgesses elected , with their manucaptors to the sheriffs : and that such of them who made no elections nor returns upon the writs , were returned as defalters by the sheriffs . 7ly . that bristoll was within the county of gloueester , and its burgesses and manucaptors returned amongst others of that county , till afterwards made a county within it self . 8ly . that bath in 26 e. 1. was a city , and elected two citizens , with manucaptors ; and wells , then only a borough , electing and returning two burgesses . 9ly . that some of the knights returned have the word dominus prefixed before , not following after their names , which shews they were only titular , not real lords , perchance the sons of lords , which are so stiled . as none of the writs to the sheriffs are entred in the clause roll of 26 e. 1. so i finde no other writ of summons to the spiritual or temporal lords registred therein , but only this to the archbishop of york , which i omitted in the first section , and shall here insert . claus. 26 e. l. d. 12. rex ven. in christo patri w. eadem gratia archiep. ebor. salutem . quia super quibusdam arduis negotiis nos et statum regni nostri tangentibus , vobiscum habere volumus colloquium et tractatum ; vobis mandamus in fide et dilectione quibus nobis tenemini firmiter injungentes , quod ad nos usque westm. personaliter accedatis . ita quod omnibus modis sitis ibidem die dominica in ramis palmarum prox . futur . ad ultimum , super dictis negotiis locuturi et etiam tractaturi . et hoc nullo modo omittatis . teste rege apud sandwycum 15 die martii . consimiles literae diriguntur subscriptis , viz. sc. london episcopo , magistro roberto de radeswell , archidiac . cestr. and 20 others of the kings counsil , without any other spiritual or temporal lords . in 27 e. 1. i finde a writ issued to the archbishop of canterbury , with a de parliamento tenendo in the margin of the roll , though the writ and postscript declare it to be but a private counsil ; which i have already presented you with , part 1. p. 10 , 11. there being very few spiritual and temporal lords , not any knights , citizens or burgesses summoned thereunto . in 28 e. 1. there issued two several forms of writs to all sheriffs , for electing knights , citizens and burgesses for two several parliaments , held that year at london , and lincoln ; most of which original writs , with their several returns , are yet extant in the bundle of them in the tower , and likewise both of them recorded one after the other in claus. 28 e. 1. mem : 16. dorso . rex vic. lincoln . salutem . quia ad salvationem coronae nostrae , et communem utilitatem popull regni nostri secunda die dominica quadragesimae prox . sutur . london . parliamentum tenere , et cum praelatis , magnatibus & proceribus ejusdem regni super negotiis nos et idem regnum contingentibus speciale colloquium babere volumus et tractatum ; tibi praecipimus firmiter injungentos , quod de com. praedicto duos milites , &c. ita quod , &c. ( just as before , m. 23. e. 1. d. 4. ) t. rege apud berewicum super twed , 29. die decembr . consimiles literae diriguntur singulis vicecomitibus per angliam . the other writ ( extraordinary and remarkable ) is entred in cl. 28 e. 1. m. 3. dorso . the original writs then issued remain in the bundle of writs of this year , with the returns annexed . rex vic. cumbr. salutem . cum nuper pro communi utilitate populi regni nostri concesserimus , quod charta de foresta in singulis suis articulis firmiter observaretur , assignando quosdam de fidelibus nostris in singulis com , ejusdē regni in quibus forestae nostrae existunt ad perambulationem in eisdem forestis faciend . ita quod perambulationem illam distinctè et apertè factam ad nos , antequam aliqua executio , vel aliquod aliud inde fieret reportarent ; et quod juramentum nostrum , jus coronae angliae , rationes et calumpniae nostrae , necnon jus , rationes et calumpniae aliorum omnium salva forent . nos licet dilecti et fideles nostri nune primò ad nos detulerunt * quod fecerint in negotiis memoratis ; quia tamen praelati , comites , barones , & caeteri magnates dicti regni , in quorum praesentia nostras et aliorum proponi & audiri volumus rationes , et de quorum consilio in eodem negotio , prout alias diximus , intendimus operari ; maxime cum ipsi ad observand . et manutenend . jura regni et coronae nostrae praedictae una nobiscum juramenti ●…i 〈◊〉 sint astricti , juxta latus nostrum tunc temporis non fuerunt : ac pro eo similiter quod illi qui suas rationes quatenus illud negotium illos tangit proponere debeant , inde praemuniti non erant , eidem negotio sine ipsorum consilio finem imponere non potuimus bono modo . et quia negotium illud quantum possumus cupimus maturari , ita quod per nos non fiet absque ulterioris dilationis incommodo effectum debitum sorciatur ; uolentes cùm praelatis , comitibus , baronibus & magnatibus supradictis , ac cumaliis de communitate dicti regni , super boc , e●… quibusdam aliis arduis negotiis nos et statum regni praedicti tangentibus babere colloquium et tractatum . tibi praecipimus firmiter injungentes , quod venire facias coram nobis ad parliamentum nostrum apud lincoln . in octab. sancti hillarii prox . futur . duos milites de balliva tua ; illos videlicet , qui pro communitate com. praedicti ad parliamentum nostrum ultimo praeteritum per praeceptum nostrum venerant : & eliam de qualibet civitate infra ballivam tuam eosdem cives , & de quolibet burgo eosdem burgenses qui ad praedictum parliamentum nostrum alias sic venerant . et si fortè aliquis militum , civium , aut burgensium praedictorum mortuus fuerit , aut infirmus , per quod ad dictos diem et locum venire nequerint , tunc loco illius mortui , aut infirmi , unum alium idoneum ad hoc eligi , et ad dictum parliamentum nostrum venire facias . ita quod milites , cives & burgenses praedicti dictis die et loco modis omnibus intersint cum plena potestate audiendt et faciendi ea quae ibidem in praemissis ordinari continget pro communi commodo dicti regni . et eisdem militibus de communitate com. praedicti , et civibus de civitatibus , et burgenfibus de burgis praedictis , rationabiles expensas suas habere facias in ueniendo ad parliamentum nostrum , ibidem morando , et etiam redeundo . tibi insuper praecipimus sicut prius , quod per totam ballivam tuam sine dilatione publice proclamari fac . quod omnes illi qui terras aut tenementa habeant infra-metas forestae nostrae in balliva tua , & qui perambulationem in aliquo calumpniari voluerint , quod sint coram nobis in parliamento nostro praedicto ostensur . in hac parte rationes suas et calumpnias si quas habent . et habeas ibi nomina militum , civium , & burgensium , et hoc breve . t. rege apud le rose 26 die septembris . consimiles literae diriguntur vic. subscriptis in quorum com. forestae existunt , viz. westmerl . surr. hereford eborum . southt . roteland notingham wiltes . oxon. derby somerset salop. northampt. dorset stafford . bucks . devon. vvarr . hunt : glouc.   essex wigorn.   rex uic . lincoln . salutem . cum nuper pro communi utilitate , &c. ut supra usque ibi , pro communi commodo dicti regni . et habeas ibi nomina praedictorum militum , civium et burgensium , et hoc breve . t. ut supra . eodem modo mandatum est vic-subscriptis , in quorum com. non sunt forestae . norff. kent northumbr suff. sussex cumbr. cantebr . middlesex lancastr . bedf. leicestr . hertford . these writs are thus variously returned by the sheriffs . alenus de fraunceyes manucapitur per 2. thomas de scalaris manucapitur per 2. burgenses 2. cant. with two manucaptors for either . nomina militum de com. lincoln . duorum civium de qualibet civitate , et duorum burgensium de quolibet burgo infra com. praedictum , viz. eorum qui ad parliamentum ultimò praeceptum venerunt , et securitatem quam michi fecerunt ad veniend . ad parliamentum nunc tenend . patent in sequenti . man. thomae fil . eustachii , unius militis com. praedicti 4. there returned after his name : man. thomae de burnham alterius militis , 4. there listed . man. stephani de cranham , unius civis civitatis lincoln 4. man. willi cause alterius civ . 4. all de lincoln . man. unius burgensium de grymsby 4. alterius burgensis 4. there named . nomina militum com. hertford , rogerus de patemer with two manucaptors . willus le galle 2. manucaptors . burgenses villae hertford 2. burgenses , villae de sancto albano . 2. with two manucaptors for every of them . warrenus do ualoignes miles , qui ad parliamentum ultimo praeteritum extitit pro communitate com. kantiae , manucaptus est quod fit ad diem et locum in hoc brevi contentum per 4. there named . richardus de scolande , miles , qui pro communitate com. cantiae , exitit ad parliamentum ultimo praeteritum , mortuus est ; in loco ejus per communitatem com. cantiae , henricus de apeldrefeld electus est ; manucaptus est quod fit ad diem et locum in brevi content . per 4. johannes de sancto dionysio unus civium de civitate roff : manucaptus est per 4. robertus de bettlescombe , unus civium de civit . roff. manucapitur per 4. there listed . de civibus civ . cantuar. retornat . fuit istud breve ballivis libertatis ejusdem civitatis , qui nichil respondent . executio istius brevis patet in cedula huic brevi attach . milites electi : petrus de dennardeston nunc electus est loco johannis de bishake , qui infirmus est : qui manucaptus est per 2. johannis de peyton manuc . est per 2. burgenses electi gippewic . ss . 2. donewic . 2. with two manucaptors for every of them . executio istius brevis patet in cedula huic brevi attach : milites electi , ricus : de walsingham manucaptus est per 2. robertus de hengham per 2. cives electi , norwicum 2. with two manucaptors for each . burgenses electi , jernem . 2. lenn . 2. with two seveal manucaptors . iohannes de mandeville et johannes de folevill milites , qui ad parliamentum prox , praeteritum manucapti , &c. per two manucaptors for either . burgenses villae de leycestr . 2. man. per two manucaptors there returned : et omnes supradicti plenam habent potestatem secundum tenorem istius brevis . milites electiss . iohannes perceval de samoy , &c. manuc . per two there listed : et idem iohannis fuit ad parliamentum prox . praeteritum . ss . iohannes de clyntone , de makstoke , electus est nun●… loco philippi de payton , eo quod idem philippus est nunc vicecomes warr. & leic. et praedictus iohannes manuc . est per two there named . burgenses villae warr. 2. burgenses villae coventr . 2. with two manucaptors apeece . omnes supradicti plenam habent potestatem , secundum tenorem brevis . proclamatio publicè & solenniter facta est secundum tenorem brevis praedicti . manucapt . iohannis de elsefeld militis , qui prius fuit ad parliamentum prout in brevi content . 2 manucapt . iohan : de pratellis alterius militis , 2. there returned . burg. villae oxon 2. with two distinct manucaptors for either . nulla est civitas nec aliquis burgus praeter praedict . burgum oxon. in com. oxon. publicè proclamari feci per totam ballivam meam , qnod omnes illi qui habent terras infra metas forestae et per ambulationem voluerint calumpniari , sint ad diem et locum contentos in brevi , prout in eodem praecipitur . et quia com. berk est in balliva mea , licet perambulatio in eodem sacta fuit et observata , pro eo quod in isto brevi continetur , quod colloquium in parliamento tractandum erit super aliis negotiis praefatum regem tangentibus ; ideo gratis eligerunt duos milites , quorum nomina si contingat aliquid de eis fieri , sunt haec , iohannis de hues , & rogerus de burghfeld . nomina militum pro communitate com. ebor : cum manucapt . eorum , man. roberti de balliolo militis 2. man : petri becard militis 2. there listed . nomina civium de civitate ebor. cum eor . manuc . 2. there named , with two several manucaptors . nomina burgensium de burgo de scardeburg . 2. with two manucaptors . et proclamari feci per totam ballivam meam , tàm infra libertates quàm extra , quod omnes illi qui terras aut ten . habent infra metas forestae domini regis sint ad parliamentum prout breve exigit . nomina militum com. essex : ricardus le fyshere de ha●…send , willus : le fishere de eadem . manuc . iohannem de fillol . militem . ricardus clericus de maden , robertus de thapstede manu●… . hugonem le blunt militem . nomina burgensium villae golecestr . 2 with two manucaptors for each . proclamari feci per totam ballivam meam , prout praecipitur . iohannes de hammes , unus miles electus pro communitate com. surr. manuc . est per 2. ven . ad diem . iohannes de burstowe , per 2. burgus de bleechynghlegh 2. burgus de guldeford 2. burgus de suthwerke 2. burgus de ryegate 2. with two manucaptors for each . manuc . hugh de escote militis 2. manuc . baldwini de bello alneto . 2. burgenses de portesmue . 2. burgenses de overtone 2. burgenses de alresford . 2. cives wynton 2. with two manucaptors for every of them . pro burgensibus villae sutht . and : insulae odeham & basinggestoke , breve istud retornatum suit ballivis libertatum sutht . qui nullum inde michi dederunt responsum . et vobis significo , quod proclamari feci quod in brevi praecipitur , secundum tenorem ejusdem brevis . nomina mil. electorum per com. wygorn , qui manucapti sunt veniend , adparliamentum ad diem in hoc brevi nominatum man. roberti de bracy 2. man. simonis de crombe 2. nomina civium eodem modo electorum pro communitate civitatis wygorn . 2. with two several manucaptors . nomina burgens . de wych eodem modo electorum , 2. with two distinct manucaptors . eligi in pleno com. glouc. feci loco unius militis gravi infirmitate detentus , alium militem nomine rici de croupes , per assensum ipsius comitatus : sic enim habetis duos milites com. illius , videlicet , iohannem de acton in libertate comitis glouc. de thornbury commorantem , et praedictum ricardum in libertate abbatis cyrenc . sic conversantem ; pro quibus vero militibus retornatum fuit istud breve ballivis praedictarum libertatum , qui habent returnum omnium brevium praedictis militibus et eorum expensis , juxta tenorem brevis . praedictus tamen ballivus de thornbury mihi respondet de manucapt . praedict . iohannis subscriptis de expensis vero execut . eorundem militum ballivae suae nil michi respondet . ballivus etiam praedictae libertatis cirencestr . de executione dicti rici : militis et eorum expensis nullum mihi dedit responsum . ideo de execut . ipsius rici : ac eorum expensis nichil agere potui . nec idem ricus miles , aliquid habet in com. glouc. extra libertatem praedictam per quod potest distringi . manucaptores iohannis de acton , militis , two there named . de expensis insuper praedictorum militum juxta mandatum vestrum alibi in com. praedicto levandis , retornatum suit istud breve tam ballivis libertatum de henebury , glideslow , sancti brionelli , bysele fiscamp et westow . qui habent retornum omnium brevium , qui de expensis illis nichil michi respondent . et etiam ballivis libertatis de poukelechirche et teukesbury , qui similiter habent return si omnium brevium , quod partem expensarū pro portione sua ipsos contingentes michi persolverunt , et partem illius nequaquam . de qua quidem alia parte michi non respond : quoniam praeceptum suit aliis ballivis de gildabulis , quod omni festinatione expensas pro portione sua celeriter levarent , de quibus postea partem illarum expensarum de eodem gildabul . recepi : et iohanni de acton praedicto in partem solutionis expensarum suarum versus partes lincolniae , liberavi , et sic major pars illarum expensarum tam de praedictis libertatibus quam de gildabulo adhuc restat . levand . caeterum domine retornatum fuit breve istud pro burgens . bristoll , et burgens . glouc , ballivis libertatum burgorum praedictorū , qui habent returnum omnium brevium , qui mihi respondent , quod executi sunt praeceptum vestrum in omnibus juxta tenorem , et quod burgens . sui , burgorum suorum praedictorum , manucapti sunt per manucaptores subscriptis . manucaptores iohan : de malmesb. de bristol , 2. de bristol . publicè proclamari feci per totam ballivam meam , quod omnes illi qui terras et ten : habent infra metas forestae et qui perambulationem illam in aliquo calumpniari voluerint , quod sint ad parliamentum , ostensuri rationes et calumpnias si quas habent . hugo de chastiloum miles , qui pro communitate com . bucks . ad parliamentum ultimo praeteritum , venit . manuc . per 4. robertus pogers miles , qui ad parliamentum ultimo praeteritnm venit infirmus est . in loco ipsius roberti , gerardus de braybroke miles electus est , et manucapitur per 4 there returned . burgenses 2. de agnundesham , qui ad ultimum parliamentum venerunt : manuc . per 4. manucaptors for either . iohannes de la lude burgensis wycumbe , electus est loco stepbani ayet , qui fuit ad ultimum parliamentum , pro eo quod idem stephanus infirmus est : manuc . per 4. thomas de tailleur alter burgensis de wycumbe , qui ad ultimum parliamentum venit manuc . per. 4. burgenses ; de wendouer ( two there named ) qui ad ultimum parliamentum ven . manuc . per 4. manucaptors apeece there returned . nomina militum , civium et burgensium electorum veniendi ad parliamentum secundum contentum brevis . quia reginaldus de ferrers et robertus beaupell milites , qui alias fuerunt ad parliamentum per electionem com. non sunt potentes ad laborand . ad praesens , electi sunt loco eorum henricus de ralegh & nicholaus de kyrkton ; who found 4 manucaptors apeece there returned . nomina civium exon. henry de bokwell , iohannis fartheyn loco nicholai page qui impotens est . pro burgo totton 2. pro burgo de okampton 2. pro burgo de lydeford 2. pro burgo de barnastaple 2. pro burgo honeton 2. without manucaptors returned . milites com. hereford manucaptores rici de ba●…ker mil. 2. man. johannis de acton 2. cives hereford 2. with two manucaptors for each . burgenses leominster 2. butgenses webeleye 2. with two manucaptors apeece . et proclamari feci prout in brevi continetur . milites com. salop. thomas de rochhale miles , manuc : est per 2. petrus de syton miles manuc . est per 2. burgenses salop 2. burgenses de bruges , 2 , manuc . per two manucaptors each man. milites de com. dors. man. philippi maunbanke 2. manuc . henrici conore 2. burgenses de brideport 2. with two manucaptors for either . burgens . de dorcest . 2. with two manucaptors apeece . publice proclamari feci per totam ballivam meam ; quod omnes illi qui terras et ten . habent infra metas forestae dom : regis in balliva mea qui perambulationem in aliquo calumniari voluerint , quod sint ad diem et locn̄ in brevi isto content . ostensuri rationes suas et calumpnias si quas habent , secundum formam hujus brevis . milites de com. somerset manucaptores willi : de bere militis 2. man. hugonis de popham militis 2. civitas bathon : manuc . willi : leken 2. manuc petri le wenetour 2. de bathon . burgus de mileburn 2. burgus de brigwater 2. burgus tanton 2. with two manucaptors for every burgess . publire proclamari feci per totam ballivam meam , quod omnes illi qui terras & tenem . habent infra metas forestae domini regis in balliva mea praedicta , et qui perambulationem in aliquo calumpniari voluerint . quod sint ad diem & locum in isto brevi conteut . ostensuri rationes suas et calumpnias si quas habent secundum formam isti●… brevis . responsum istius brevis est in panello huic brevi attachiato . nomina militum com : wyltes , simul cum nominibus civium et burgensium elect . pro communitate civitatum & burgorum . duo milites ; petrus filius warini , manuc . est veniendi per 2. willus de cotes , manuc . est eodem modo per 2. cives sarum , iohannes de braundestone manuc . per 2. walterus goer manuc . est per two . burgenses de doutone 2. burgenses de malmesbury 2. burgenses de chypenham 2. burgenses de kalne 2. burgenses de wylton 2. burgenses de devyses 2. burgenses de merleberge 2. burgenses de — — ( torn out of the writ , yet most likely lurdgeshall , by the manucaptors ) they all having two several manucaptors ; et proclamatio facta est secundum formam in brevi regis contentam publice infra ballivam meam . milites com. stafford . radus . basset de sapecote manuc . est per two . henr. marneysin . manucapt . est per two manucaptors . burgenses de stafford two , with two manucaptors apeece . plegii willielmi de blount 2. pleg . iohannis de foleville 2. publice proclamari feci per totam ballivam meam , quod omnes illi qui terras et tenem . habent inframetas forestae domini regis in balliva mea , et qui perambulationem in aliquo calumpniare volunt , quod sint in parliamento suo apud lincoln . ostensur . in hac parte rationes et calumpn●…as si quas habent . manucapt . iohannis de deen 2. manuc . roberti de gayhouse 2. manuc . burgens . hunt. 2. having both two manucaptors apeece . nomina militum , manuc : hugonis wake 2. manuc . iohannis deu. 2. nomina burgens . northton 2. with two manucaptors for each : with a publice proclamari feci , &c. 20 in former return●… . radus : de frecheuyle & galfridus de greslye milites , suerunt ad ultimum parliamentum vestrum pro communitate com. derby ; et modo man : sunt de essend . coram vobis apud lincoln , secundum tenorem brevis , viz. radus de frechuyle ; &c. man. per two apeece . burgenses de derby 2. man : per two apeece ; ut supra . ranulphus de waudesby , & willus d●… chadworth milites , ad ultimum parliamentum pro communitate com. not. man. sunt essendi coram vobis apud lincoln . per two man. apeece . burgenses 2. pro notingh . with two manuc . nomina militum elect : per com : hugh de louther , & robertus de washeton , with two man : apeece . nomina burg : de appleby 2. with two manucaptors . the return is torn and unlegible , together with the most of the writ . the writs to the sheriffs of 4 counties mentioned in the clause rolls , and their returns are missing in this bundle , and there is no mention at all in the roll of any writs then issued to the sheriffs of cornwall , or london , nor any such writs to them in the bundle , whatever was the reason of this omission . i have for brevity recited only the names of the knights for these counties , omitting the names of the citizens , burgesses and manucaptors for the most part ; which those who please may peruse in the returns . in this parliament of 28 e. 1. the great charter of the liberties of england and the forest , were specially confirmed ; and not only several writs issued to sheriffs through all counties of england for their reading , publishing , and due observation , recorded in the cl. roll of 28 e. 1. d. 7 , 8. but likewise certain knights or other freeholders were publikely elected by the sheriff , coroners and commonalty of every county throughout england , for the punishing of all trespasses and offences committed against the same , by special patents issued to them by the king and his counsil ; whom they were personally to attend concerning the same ; as is apparent by these two memorable writs , not hither to taken notice of by any to my knowledge , and not improper for this section being * grounded on the printed statute of 28 e. 1. ch . 1. rex vic. lincoln . et coronatoribus et communitati ejusdem com. salutem . quia propter communem utilitatem praelatorum , procerum et magnatum ac populi regni nostri concessimus pro nobis et haeredibus nostris , quod magna charta de libertatibus angliae et carta de foresta in singulis suis articulis de caetero teneantur et firmiter observentur : vobis mandamus , quod tres milites , vel alios tres de probioribus , legalioribus et discretioribus liberis hominibus com. praedicti de assensu ejusdem com : sine dilatione eligi , et cos usque ebor : venire faciatis . ita quod sint ibidem in crastino ascensionis domini coram nobis vel consilio nostro , ad faciend . et exequend . ea quae tunc eis ibidem injungetur ex parte nostra pro observatione cartarum predictarum : et habeatis ibi nomina praedictorum militum vel liberor . hominum et hoc breve . teste rege apud westm. 26. die martii . consimiles literae diriguntur singulis vic. & coronatoribus et communitatibus singulorum comitat. per angliam . claus. 28 e. 1. d. 7. rex vic. nortbt . salutem . quia philippus de geyton unus illorum de balliva tua quos nuper de speciali praecepto nostro de tuo et coronatorum ac communitatis comitatus praedicti communi assensu eligi , et usque eborum in crastino ascenfionis domini venire fecisti , ad facienda et exequenda ea quae eis ibidem injungerentur ex parte nostra * pro obserbatione magnae cartae de libertatibus angliae et cartae similiter de foresta , electus est in com. warr. & per nos una cum quibusdam aliis fidelibus nostris de eodem com. assignatus ad transgressiones quas contra tenores praedictarum cartarum ibidem fieri contingat , audiend . et terminand . per quod ad praemissa facienda in com. tuo prout erat electus , nequit intendere quoquo modo : tibi praecipimus , quod loco ipfius philippi de assensu coronatorum et communitatis comitatus tui praedicti ; eligi facias unum alium de probioribus , legalioribus et discretioribus ejusdem comitatus , qui ad hoc in eodem com. tuo una cum ipsis ad hoc ibidem electis , et coram nobis juratis intendat , juxta formam potestatis ipsis electis , et sibi per nos tradendae . et cum eum fic eligi feceris nobis de ipsius nomine constare facias sine mora , ut tunc dictis electis et sibi literas nostras patentes de potestate sua in hac parte fieri faciamus . teste rege apud sanctum edmundum 10 die ju. in and from the former writs , and their various returns , there are sundry things very observable , which i shall note before i pass to the next ensuing . 1. the occasion of these writs and last parliament ; wit , the examination , confirmation and establishment of the new perambulation of the forests then made and returned to the king by the commissioners specially appointed thereunto for the common profit of the people of the realm , upon the lords and commons earnest requests in former parliaments ; as you may read at large in thomas walsingham , hist. angliae , p. 35. 37 , 38 , 42 , 44 , 48. ypodigm . neustriae , p. 84 , 85 , 86 , 87 , 88. mat. westm. ann. 1297 , 1299. my plea for the lords . p. 98. to 104. claus. 28 e. 1. d. 13. and claus. 9 e. 2. d. 6. schedula . 2. the excellent principle of right and justice comprised in them ; that perambulations of forests , though made and returned by speciall commissioners appointed by the king and parliament , ought not to be ratified as binding , till the reasons , exceptions , and complaints of all persons concerned therein were publikely heard and descided before the lords in parliament ; and they publikely summoned by proclamations in each county , to propound their exceptions and reasons against them , if they had any . which rule ought to be still observed in all other like publike cases , both in and out of parliaments . 3. the special command and limitation of the king in and by these writs , commanding all sheriffes throughout england , to summon to this new parliament at lincolne , no new elected knights , citizens , or burgesses , except only in the places of such who were dead , sick , or unable to com to it ; but only those knights , citizens and burgesses who were elected and sent to the last parliament before it , by the kings precept . which was accordingly executed , as appears by the sheriffs returns . 4. a resolution and declaration of the king himself by special writs out of parliament , without the petition , vote , or privity of the commons themselves ; that if any knights of shires , citizens or burgesses elected and returned to parliament be sick , or unable to serve and discharge their duties ; the * king himself may by general or special writs , command , other fitting persons to be elected and sent to parliament in their places ; as well as when they are actually dead : which was accordingly practised this year , as the sheriffs returns attest : and since that resolved and practised in the parliament anno 38 h. 8. brooke parliament 7. and cromptons jurisdiction of courts , f. 16. against the erronious opinion of sir edward cooke to the contrary , 4 instit : p. 8. and one knight is discharged because made a sheriff , and another chosen in his place . 5. that all knights , citizens and burgesses elected and sent to parliaments , ought to have full and sufficient power and commission for themselves and the several comminalties of the counties , cities , boroughs for which they serve , to hear , do and consent to such things as shall happen to be ordained by common advice and counsel in those parliaments ; which ought to be comprised in the returns of their elections . 6. that all old and new knights , citizens and burgesses elected for this parliament , were enforced to put in manucaptors to appear at the day prefixed , who are expressed in all the sheriffs returns . 7. that these old knights , citizens and burgesses , summoned to this new parliament , are by a special clause in the writ of summons it self , ordered to receive their reasonable expences in coming to , abiding at , and returning from the parliament , from the commonalties of the counties , cities and burroughs , for which they served : for which they usually had special writs only at the conclusions of parliaments ; there being no such clause in any writ of summons i have seen , but thi●… alone . that no sheriffs in their returns make any mention what they had done touching the levying of their wages , but the sheriff of gl●…cester only : of which more in its proper place . 8. that the sheriffs of those counties wherein there were forests , had one clause in their writs , to make publike proclamation in their counties , that all such who had lands or tenements within the bounds of any forest , should appear before the king in parliament , to sh●…w their reasons and exceptions against the perambulation , if they had any : which was accordingly executed by such sheriffs ; which clause was totally omitted out of the writs to those sheriffs within whose counties there were no forests . 9. that there is no mention of any writs of summons in this roll issued to the warden of the cinque-ports , to summon and elect any barons of those ports to come to this , nor to the two precedent parliaments . 10. that though there is special mention made in the writs to the clergie of the kings counsil , and other assistants summoned to this parliament at lincoln , of a conference and treaty to be had in this parliament at lincoln , concerning the right and dominion of the king and his ancestors , kings of england , to and over the realm of scotland ; yet there is no recital of it in these writs to the sheriffs , nor in those to the spiritual and temporal lords . there were two special writs more issued to the two justices of the forests , beyond and on this side trent , to summon all the foresters under them to this parliament : of which in its proper section in due time . i find no more bundles of writs for elections issued to sheriffes now extant in the tower during the reign of edward the 1. only the transcripts of some of them are in the clause rolls ensuing . the next writ of this nature , is that of clause 30 e. 1. dorse . 9. rex vic. ebor. salutem . quia super diversis , & arduis negotiis nos et statum regni nostri , ac pro commodo & securitate ejusdem regni parliamentum in prox : festo sancti michis . london duximus statuend . tibi praecipimus firmiter injungentes , quod de com. praedicto duos milites , et de qualibet civitate duos cives , et de quolibet burgo duos burgenses de discretioribus ipsius comitatus sine dilationeeligi , et ad nos venire faciatis ad diem . et l●…cum praedictos . ita quod dicti milites pro communitate com. praedicti , &c. tunc ibidem habeant sufficientem potestatem ad faciend . quod tunc de communi consilio ordinabitur in praemissis . et habeas ibi nomina militum , civium , & burgensium , et hoc breve . teste rege apud westm. 20 die julii : [ 28 die august . ] consimiles literae diriguntur singulis vic●…omit . per angliam . et ubi est unus vic. duorum com. dicitur sic , quod de utroque com. praedictorum duos milites , &c. ut supra . it is observable , first , that this parliament was called as well for the benefit and security of the people of the realm , as for the weighty affairs of the king and kingdom . 2ly . that de discretioribus , is the only qualification required in the knights , citizens and burgesses to be elected . 3ly . that they were to have sufficient power for the commonalty of the counties , cities , and burroughs for which they were chosen , only ad faciend , quod tunc de communi consilio ordinabitur in praemissis . 4ly . that some were sheriffs of two counties at once ( usual in former times ) and that they had only one writ issued to them , to elect two knights &c. in each county , &c. which they severally returned . claus. 30 e. 1. dors . 7. there are other writs issued uic . ebor. & singulis vicecom . per a●…gliam . t. rege apud lewes 13. die septembr . agreeing in form with the precedent . the next is entred claus. 32 e. 1. dors . 2. rex vic. ebor. &c. quia pro quibusdam , &c. usque tractatum . tibi praecipimus , &c. quod de com. praedict . duos milites , & de , &c. de discretioribus & ad laborand . potentioribus , sine dilatione eligi , &c. ita quod dicti : milites plenam & sufficientem potestatem pro se et communitate com. praedicti , &c. divisim ab ipsis tunc ibidem habeant , ad faciend . quod tunc de communi consilio ordinabitur in praemissis : ita quod pro defectu hujusm●…di potestatis negotia praedicta non remaneant infacta . et habeas , &c. teste ut supra . consimiles literae diriguntur singulis uic . per angliam . claus. 33 e. 1. dors . 10. & 20. there are no writs to sheriffs entred with the rest to the spiritual and temporal lords , either of summons or prorogation , but a space left for their entry , with other writs then omitted . cl. 34 e. 1. d. 2. there is a writ at large entred , vicecom . ebor. agreeing in form with the last recited : with like writs , singulis vicecom . per angliam ; but in cl. 35 e. 1. d. 13. there are no writs to the sheriffs entred , nor yet to the spiritual , but only to the temporal lords . claus. 1 e. 2. dors . 19. claus. 2. e. 2. dors . 11. there are writs entred at large , vic. ebor. and claus. 4 e. 2. dors . 2. vic. kanc. with consimiles literae singulis vic. per angliam , after every of them , agreeing all in form with the precedent writs , and their dates , recitals are the same with those to the spiritual lords forecited . part 1. sect. 1 , 2. in the parliament of 2 e. 2. at westminster , the king requesting an ayde from the commons then elected by his writs , they granted him the 25 part of their goods upon this condition , that he would answer and redress their grievances , which they then presented , and reduced to 11. articles , and prayed the king in a modest manner , to redress if he pleased ; who thereupon promised them relief therein , and accordingly gave answers to them in his next parliament at stanford ; thus recorded in claus. 3 e. 2. m. 1. dorso . les articles souz escritz baillez a nostre seigneur le roi par la communate de son roialme , a son parlement quil tynt a west : ou ouis de pasch. l'an . de son regne second , en quel parlement , le roi preia daver une aide de sa terre , é les bones gentz granterent au roi le xxv . denier par cien condicion , qil meist conseil et remedie en les articles avantdits . e. le roi a son parlement a staunford commenceant le dimeynge prochein apres la saint jakes , l'an de son regne tiercz , ordena respons et remedie a mesmes les articles . les queux respons et remedie il fist notefier son people a son dit parlement a staunford , et que sont cy dessouz escritz , cest asaver , apres chescun article le remedie que y est ordene . les bone gentz du roialme qui sont cy venuz au parlement , prient a nostre seygneur le roi quil voille , si lui plest , aver regard de son poure poeple qe molt se sente greve de ceo , qil ne sont pas menes si come il deussent estre . nomeement des pointm de la grant chartre , & prie de ce , si lui plest , remedie . estre ce prient a leur seygneur le roi , si lui plest , qil voille oir les choses que molt ont grevez son poeple , & uncore grevent de nouel de jour en auter , per ceux qui se dient estre ses ministres , et mettre en amendement si lui plest . a de primes , de bledz , brees , chans , fresches et alors et toute manere de polaill , peison de meer & de eaw duie pris per ceux qe se diont estre ministres le roy , qe rien ne paent , ne autre certeinete per faille , ne en autre manere ne font au poeple le roi , per quoy son poeple est empoueri . acest article est respondu : qil y avoit une ordinaunce faitz de cieuz prises en temps le roi edward pere nostre seigneur le roy qui ore est , la quele ordenaunce hom entend qe soit covenable par le . roy , et profitable pur son poeple : & voet nostre seygneur le roy qe cele ordenaunce soit tenue & garde en toutz pointz . l'autre , qe le roi per ses ministres prent de chescun tonel de vyn ij . soldz . de chescun drap qe marchandz alieni font venir en sa terre ij s. & de chescune livre de aver de pois iij. deniers , au d'alnage du poeple , et per tieuz prises achate le poeple au tierz denier plus qil ne soloit . nostre seigneur le roi a la request de son poeple grant , qe cete petite custome de vyns , de draps , et daver de pois , soit souztrete et ouste a la volente le roi , pur saver quel profit et quel avantage amestera alui & a son people per cele suztrete , et puis en aur a le roi consail selonc lavantage qil y verra ; sauves toutes voies a nostre seignr . le roi les aunciennes prises et customes aunciennement dues et approves . le tierz ; qe la ou le roi ad commande qe la moneye destrelings qe alott en temps le roi son pere , a qui dieus face mercy feust tenuz aussi bone come elle feust en le temps son pere ; les vendours es citez , burghs , & es autres villes marchandes des obeissament ne le tout pas , mais encontre son mandement vendent au double value , & plus cher en moltz des lieus de sa terre , per quoi la poeple est molt empoveri . le roi voet , qe briefs soient enueez en touz les contez dengleterre a fair crier , qe lo monoie courge a sa droite value , si come elle soloit en temps son pere , et ci sur grevouse peyne & qe hom nencberisse les choses pur la monoye , car le roi la voet maintenir aussi ausi bone come elle soloit estre . le quart ; qe come le poeple se senti molt greve et travaille en temps le roi lour seignr . son pere , a qui deiu face mercy , de ce qe seneschaus et mareschaux plederent moltz de maners des pledz qe a eux nafferoient apleder , et as pleintes de son poeple qe per tieux pledz feust grevez et enpovreux fist remedy et establi certains pointz & articles des queux et de quoi senesch . et mar. douient devant eux aver conissance apleder , les senesch : et mar. qe ore sont , ceux pointz , ne ceux articles ne sount , ne re gardent , ainz enlargissent lour jurisdiction , et lour poair encontre lordenance et establishment son pere , qui deiu face mercy , dont son poeple est molt greve et enpoveri , et de ceo prie remedie . le roi voet , qe senescheaux et mar. ne teignent autre manere de plede ne en autre forme qe nestote ordenez per le roi son pere , qui dieus assoile , et qe ne passent desoremes cele ordenance qest enroulleé en chauncellere . le quint ; que les seneschaux & mars . ou el vount per pais hors de la verge , ou lour poair nest pas , tenent pleds , amercient burghs & villes grevousement sauz garant , et au grefs damage es enpoverissement du poeple , pur quoi le poeple prie remedy . le roi voet , que les pledz de la mareschaucie ne soient tenuz forsque deinz la verge , cest asaver , deins le : 12 lieves enviroun la ou corps le roi serra , et selonc lordenaunce avantdits . le sisme , qe les chevalers , gentz de citez é de burghs . e dautres villes qe sont venuz a son parlement per son commandement , pur eux et pur la poeple e ont petitions a liver per tortz & grevances faites a eux , qe ne poent estre redressees per la commune ley , ne en autre manere saunz especial garant , il ne troeuent hom qe lour petitions recieve , sicome soloit estre au parlement in temps le roi lour seignr . son pere , qui deiu face mercy , et de ce prient sa grace & remedy . le roy voet , qe en ses parlements desoremes gentz soient assignees a receiver petitions , et qe elles soient delivres per son conseil , aussi come * estre soloient en temps son pere . le septisme article , qe la ou le roi ad ses pernours de prises faire en feires et citez , per mi le roialme les pernours le roi pernent plus qe ne besoigne al oeps le roi , ceux mesmesle livrent au autres pur marchander a lour preudemeyne , et au profit a qe il le delivrent , et au damage le roi , et de son poeple ; dont le poeple prie remedie . le roi voet , qe lordenaunce qe sa faite de cieux prises en temps le roy son pere , soit tenue et gardeé , la quelle est contenue es roulles de la chauncellarie . le oytisme , qe per la ou il y ad suite faite selonc forme de ley en les banks nostre seygneur le roi , souent per protections , et per breffs dessouz la targe , sont leur dreitures delaez , a grant damage du poeple . le roi voet , qe protections oue les clauses daquitance de pledz , ne soient grantez desoremes a nulles gentz forsqe a ceux qi vent hors du roialme en le servise le roi pur grosses busoignes du roialme . e le roi ad charge le chanceller qi ne les face en autre manere . et quant es breffs de la targe , la roi voet qe lordenaunce soit garde qe en fust faite en temps le roi son pere , la quelle est en chancellarie . le novism , qe par la ou larons sont enditez de larciniez , r●…beries , homicides , et autres felonies faites , trop logierement purchaunt la chartre le roi de sa pees , per quoi ceux qi les ont enditez ne osent demorer en lour pais pur doute de ceux larons , & plusurs se retreent de enditementz faire per cele encheson , dont le poeple prie remedie . le roi voet , que desoremes ne soit grante pardoun de felonie forsqe en cas ou aunciennement soleit estre grantez , cest asaver , si borne tue autre per mesaventure , ou soi defendant , ou en deuerie , & ce soit troue per record de justices . le disme , qe per la ou les communs pledz du banks le roi de contez douient estre pledez en certein leiu , la veignant les ministres le roi de ses chasteaux et treent en cieu maner les pledz devant les portes des chasteaux , contra la forme de la ley , et de ce prie remedie . le roi voet qe les constables des chasteaux ne destreignent gentz apleder devant eux nul play de foreign conte , ne deinz counte , autrement qe aunciennement soleit estre fait . le viceisme , qe par la ou diverses gentz du roialme tenent lour tenements en chefs du roi et uncore tenuz . eux et lour auncestres du temps dont memoire nest , veignent les escheters le roi , et seisant lour terres et les oustout per enquestes quil fait de lour office , sanz appeller en la court le roi , dont le poeple se sente molt greve . le roi voet , qe gentz et lour auncestres on t tenuz du temps dont il nyad memoire , si come la petition suppose , e les eschetors ne se mellent pur encheson del premier entre . et ordenez est et commander per nostre seignr . le roi , qe a ceux qe se voudront pleinder a chauncellier , qe nul bom soit venus encontre aucun des ditz pointz , le chancellier par brofs du grant seal en face cel remedie come il verra qe face afere pur reson . et le roi ad aussint charge le dit chanceller et ses ministres , qe chescun endroit bien garde les pointz avantditz . he who shall seriously peruse these premised grievances of the commons , which were all they complained of in the parliaments of 2 & 3 edw. 2. under the * misgovernment of peter de gaveston earl of cornwall , and other the kings ill counsellors who misled him , and were banished , and removed from him by judgement of parliament , will finde them not the thousandth part so many for number , nor so grievous , oppressive , destructive to the persons , lives , liberties , properties , estates , purses of the people by millions of degrees , as those the people and whole nation have lately groaned under for many years , and suffered from their very real or nominal parliaments themselves , their comittees , & the grand pretended gardians , assertors , protectors of their laws , liberties , and enfranchisers of them from regal tyranny and bondage into a misnamed free-state and government , or rather aegyptian or turkish vassallage ; which i desire all conscientious publike-spirited englishman now cordially to contemplate . if the commons in parliament were so zealous to get these few petit grievances redressed then , bought out with a grant only of the 25 part of their goods , and thereupon thus redressed for the future ; how zealous & industrious should they be now to reform all those innumerable transcendent grievances and pressures under which we have so long languished and have paid so many millions of treasure , yea spent whole oceans of english bloud to remove , and yet are not eased nor released from them , nor in probability like to be , being the least of their care , who should redress , petition , protest against them : let this president spurr and excite them to their duties herein , being one of the first petitions of publike grievances exhibited by the commons alone without the lords , to the king , that i have met with in our records ; upon which account , i thought not impertinent to insert it here at large , having transcribed it with mine own hands out of the clause roll it self . the next writ i shall present you with at large being very remarkable , is thus recorded in claus. 5 e. 2. m. 26. dorso . rex vic. ebor. salutem . praecipimus tibi firmiter injungentes , quod illos milites , cives & burgenses , de balliva tua , quos nuper ad praesens parliamentum nostrum apud london incboatum demandato nostro venire fecisti , & qui ab eodem parliamento certis de causts recesserunt , bel alios ad hoc idoneos loco eorum , si ad hoc bacare non possint , usque westm. ad idem parliamentum quod ibid●…m duximus continuandum , venire facias . ita quod sint ibidem in crastino sancti martini prox . futur . ad ultimum cum sufficienti potestate comitatus tui , & civitatum et burgorum praedictorum ad consentiendum , &c. teste rege apud london . xi die octobris . by this writ it is apparent , 1. that there were knights , citizens and burgesses elected and sent to this parliament at london , by the kings writ , though not entred in the roll of summons , claus. 5 e 2. d. 3. 17. 25. 2ly , that they departed from the parliament for certain reasons , not expressed , it seems without the kings license . 3ly . that thereupon the king by this writ commands the sheriff , to resummon them to come to the parliament again , which was adjourned to a certain day , most likely by reason of their departure from it : or else to elect and send other fit persons in their places , if they could or would not attend , sufficiently impowred from the counties , cities , and boroughs for which they served . and that without the vote , order , ejection or privity of the commons in parliament ; who had then no power to remove , eject , imprison , suspend their own members , or issue writs for new elections , as of late they do . claus. 6 e. 2. d. 31. i meet with this writ of prorogation , but not with the original writ of summons issued to the sheriff . rex vic. ebor. salutem . licet nuper parliamentum nostrum apud lincoln . ( ut supra archiepiscopo , usque ordinavimus ) tibi praecipimus , quod de com. tuo duos milites , & de qualibet civitate duos cives , & de quolibet burgo duos burgenses de discretioribus & ad laborand . potentioribus eligi , & eos ad nos ad dictos diem et locum venire faceres . ita quod milites plenam et sufficientem potestatem pro se & communitate com praedicti , et dicti cives et burgenses pro se et communitate civium et burgorum praedictorum divisim ab ipsis haberent tunc ibidem , ad faciend . quod de communi consilio nostro ordinari contigerit in praemissis . ita quod pro defectu hujusmodi potestatis negotia praedicta infacta non remaneant . quia tamen versus partes london . &c. ( usque tractabuntur . ) et ideo tibi praecipimus firmiter injungentes , quod milites , cives & burgenses praedictos sine dilatione eligi , & eos ad nos usque westm. ad dictam diem dominicam post dictum festum assumptionis venire facias in forma praedicta . et babeas ibi nomina dictorum militum , civium & burgensium , & hoc breve . teste ut supra . eodem modo mandatum est singulls vic. per angliam . also in claus. 6. e. 2. m. 27. dorso . i finde this special memorial entred . memorandum , quod die lunae prox . ante festum decollationis sancti johannis baptistae anno regis edwardi fil . regis edwardi sexto . dom. rex apud westm. praecepit , quod milites , cives & burgenses qui ad parliamentum regis ibidem summonitum converant pro communitatibus , civibus et burgis angliae , ad propria remearent . ita quod reverterent ibidem in crastino sancti michaelis prox . futur . sub paena quae decet . t. rege apud westm. 28 die augusti . a clear evidence , that the knights , citizens and burgesses then summoned and sent to the parliament , could neither prorogue nor adjourn themselves , nor depart thence , without the kings special license ; which was entred on record , and were liable to a fitting penalty , if they returned not upon the day of prorogation prefixed by the king. i shall only observe by the way ; that whereas the king in his answer to the second article of the commons petition in the * parliament of 3 e. 2. suspended the petit customs upon wines , cloth , and other merchandize ; that the very next year he issued out writs to the collectors of the customs and officers in england , and to the chief justice , treasurer and barons of the exchequer in ireland , de nova custuma colligenda , to collect these new customs again , not withstanding this his ordinance in the parliament at stamford , because there was nulla utilitas regno , by the ceasing and abating thereof , as appears by the writs of 2. & 6. augusti , rot . finium . an. 4 e. 2. but in claus. 5 e. 2. m. 23. there came this countermand by order from the prelates , earls and barons of the realm appointed by commission to reform the abuses of the kings houshold and realm , against the collecting of them and any other new customs and maltots . * rex collectoribus novae custumae lanarum , coriorum , pellium lanatorum et aliarum rerum venalium in portu london salutem . cum praelati , comites & barones dicti regni nostri quibus nuper per literas nostras patentes commissimus potestatem , ordinandi de statu hospitii nostri et regni praedicti , inter * caeteras ordinationes quas super praemissis fecerant , et quas acceptavimus , et per totum regnum fecimus publicari , ordinaverint ; quod omnimodo custumae & maletot levatae post coronationem domini e. quondam regis angliae patris nostri , integrè amoveantur , et penitus extinguantur ; * salvis custumis lanarum , coriorum , & pellium lanatorum ult . vid. de quolibet sacco lanae dimid . marc . & de 300. pellibus lanat . dimid . marc . & de lasto coriorum unam marcam : vobis mandamus , quod de nova custuma praedicta in portu praedicto percipiend . supersedeatis omnino . t. r. apud london 9. octobr. per ipsum regem & totum consilium . the like writs then issued to most port towns in england . if we could see the like president now against all new excessive imposts and excises issued to all collectors and other officers after so many years continuance of them , to the ruine of trade , and impoverishing of the nation ( only to enslave them to a new military tyrannical usurping power , and keep on their iron yoaks upon their over-galled necks ) it vvould be a most joyfull spectacle to their eyes , and blessed tydings to their ears , vvhich they have long in vain expected from late publike conventions , which instead of easing , do still renew and continue these heavy yokes and burdens upon them , though a thousand times more grievous than those then complained against and redressed . in claus. 5 e. 2. m. 31. 22. i finde a writ issued by the king willo : de marescall , & mich de segrave , prohibiting , that they come not armed to the parliament , seu alio modo quam tempore clarae memoriae e. quondam regis angl. patris nostri fieri consuevit ; there being a quarrel between them : and dorse 30. 27. 25. 8. & m. 30. there are sundry other particulars concerning passages and proceedings in that parliament , worthy perusal , though not proper for this section . and so in cl. 7 e. 2. m. 2. 8. 25. cl. 8 e. 2. dors . 7 , 8. claus. 9 e. 2. dors . 27. 26. 20. 17. 6. cl. 7 e. 2. m. 7. dorso . the writ of election entred at large is thus directed , to the sheriff of hertf. and essex . rex vic. hertf. & essex salutem . cum diversa & ardua negotia ( as in the writ to the archbishop . ) tibi praecipimus firmiter injungentes , quod de utroque com. comitatuum praedictorum , duos milites , et de qualibet civitate duos cives , & de quolibet burgo duos burgenses de discretioribus , et ad laborandum potentioribus eligi , et eos ad nos ad dictos diem et locum venire facias . ita quod milites plenam & sufficientem potestatem pro se & communitate com. praedictorum ; et dicti cives & burgenses pro se & communitate civitatum & burgornm praedictorum divisim ab ipsis babeant , and faciend . & consentiend . biis , quae tunc de communi consilto favente domino ordinari contigerit . ita quod , &c. consimiles literae diriguntur singulis uicecom . per angliam . the like writs issued to the sheriff of these two counties , cl. 7 e. 2. dors . 15. cl. 8 e. 2. d. 29. cl. 9. e. 2. d. 22. cl. 11 e. 2. dors . 14. & 8. cl. 12 e. 2. d. 11. 29. cl. 14 e. 2. d. 5. 23. cl. 16 e. 2. dors . 26. ( varying only in the prolognes and dates , like those to the archbishop ) and to all other sheriffs of england . and claus. 19 e. 2. dors . 27. the first writ issued vic. norff. et suff. quod de utroque com. comitatnum praedictorum du●…s milites , &c. de discretioribus et al laborand . potentioribus eligi , &c. facias , and to all other sheriffs of england in like form . in cl. 17 e. 2. d. 27. l find this writ of prorogation and resummons entred , rex vic. roteland , salut●…m . cum nuper quo quibusdam specialibus negotiis ordinassemus cum proceribus regni nostri apud westm. in oct. sancti hillarii prox futur . habere colloquium et tractatum . tibique praecipissemus quod de com. praedict . duos milites , &c. usque ordinari contigerit super negotiis antedictis . ac cum pro majori commodo & utilitate regni nostri ordinaverimus parliamentum nostrum apud dictum locum tenere westm. a die purificationis beatae mariae virginis prox . futur . in tres septimanas & cum praelatis , magnatibns & proceribus dicti regni super dictis negotiis , & aliis idem regnum tangentibus habere colloquium & tractatum , per quod nolumus , milites , cives aut burgenses praedicti ad locum praedictum in dictis octabis ex causa praedicta accedant . tibi praecipimus firmiter injungentes , quod de com. praedicto duos milites , & de qualibet civitate duos cives , & de quolibet burge duos burgenses de discretionibus , & ad laborand . potentioribus eligi , & cos ad dictum locum westm. in dictis tribus septimanis venire fac . ita quod praedicti milites plenam & . sufficientem potestate●… pro se & communitate com . praed . dictique cives & . burgenses pro se & civitatibus dictarum civitatum & burgorum praedictorum divisim ab ipsis habeant , ad faciend . & consentiend . biis quae in dicto parliamento ordinari contigerit super negotiis antedictis . ita etiam quod pro defectu potestatis hujusmodi dicta negotia infecta non remaneant quovis modo . et habeas ibi nomina dictorum militium , civium & burgensium , & hoc breve . teste rege apud kenilworth , 26 die decembr . per ipsum regem . eodem modo scribitur singulis vic. per angl. so cl. 20 e. 2. d. 4. there issued this writ of prorogation and resummons somewhat different from the rest . rex vic. northumb. salutem . licet nuper super arduis negotiis nos & statum regni nostri tangentibus parliamentum apud westm. in quindena sancti andreae prox futur . tenere , ac ibidem per isabellam reginam angliae consortem nostram carissimam , & per edwardum filium nostrum primogenitum , custodem ejusdem regni , nobis extra idem regnum tunc agentibus , atque praelatos , proceres & magnates regni praedicti , habere voluissemus colloquium & tractatum . vobisque praeciperimus quod de communitate com. tui duos milites , & de singulis civitatibus duos cives , & de singulis burgis duos burgenses venire faceres ad diem & locum praedictos . ita quod dicti milites a communitate dicti com. & dicti cives a communitatibus dictarum civitatum , & praedicti burgenses a communitatibus burgorum praedict . plenam & sufficientem haberent potestatem ad consentiend . hiis quae tunc ibidem de communi consilio regni nostri contigerent ordinari . quia tamen quibusdam de causis necessariis & utilibus praedictum parliamentum & tractatum usque in crastino epiphaniae domini prox . jam futur . apud dictum locum westm. tunc tenend . duximus prorogand . tibi significamus , quos praedictos milites , cives & burgenses ad dictam quindenam apud dictum locum westm. ex causa parliamenti & tractatus praedictorum accedere non oportet , & hoc cis scire facias ex parte nostra . tibi insuper praecipimus quod praedictos milites , cives & burgenses venire facias in dicto crastino apud dictum locum westm. cum sufficienti potestate sicut praedictum est . et habeas ibi nomina dictorum militum , civium & burgensium , & hoc breve , & hoc nullatenus omittatis . teste ut supra . eodem modo mandatum est singulis vic. per angl. sub eadem data . the next writs for election issued to sheriffs are these in claus. 1 e. 3. pars 2. dors . 16. vic. ebor. dors . 3. vic. lincoln . claus. 2 e. 3. dors . 15. vic. northumb , with consimiles literes singulis vic. per angl. all in the usual form . in claus. 2 e. 3. m. 31 dors . the writs to sheriffs , are thus observably enlarged , with their memorable prologue and conclusion . rex vic. ebor. salutem , cum in parliamento nostro . apud eborum convocato , magna & ardua negotia nos & statum regni nostri tangentia proposita suissent quae propter absentiam quorundam praelatorum & aliorum magnatum & procerum regni nostri tunc non poterant terminari : super quibus & aliis diversis negotiis de assensu omnium praelatorum , magnatum & procerum in eodem parliamento nostro tunc existentium , apud northampton a diepasche prox . futuro , in tres sept. a parliamentum tenere , & cum praelatis , magnatibus & proceribus dicti regni colloquium habere ordinavimus & tractatum . tibi praecipimus sirmiter injungentes , quod de dicto com. duos milites , & de qualibet civitate com. illius duos cives , & de quolibet burgo duos burgenses , de discretioribus & ad laborandum potentioribus eligi , & ad dictos diem & locum venire facias . ita quod dicti milites plenam & sufficientem potestatem pro se , &c. ( as in other writs to hoc breve : ) et quia ante haec tempora nogotia in hujusmodi parliamentis tractanda impedita fuerunt , ex eo quod nonnulli magnates cum multitudine ●…umultuosa : hominum armatorum , ad parliamenta illa accesserunt , & populus partlum ubi parliamenta tenta fuerunt dampnificatus extitit & gravatus , per quod , per nos , & consilium nostrum concordatum existit , quod omnes & singuli de regno nostro cujuscunque status seu conditionis fuerint , si ad dictum parliamentum venire voluerint , modo debito , & absque aliqua hujusmodi multitudine , sub forisfacture omnium quae nobis forisfacere poterint , accedant . tibi praecipimus firmiter injungentes , quod in balliva tua ubi meli●… expedire videris publicè proclamari , & ex parte nostra firmiter inhiberi facias , ne quis sub forisfactura praedicta cujuscunque status seu conditionis existit , ad parliamentum praedictum cum hujusmodi multitudine hominum armatorum accedere praesumat , per quod populus noster terreri , seu dicta negotia nostra retardari valeant quovis modo , teste rege apud eborum , 5 die marcii . eodem modo mandatum est singulis vic. per angliam . from which writ i shall observe , 1. that the writs of summons to parliaments may be altered and enlarged with necessary prologues and clauses , according to the times and emergent occasions , by the king and his counsel , without consent or act of parliament . 2ly . that the absence of some prelates , lords , and great men from the parliament is a just cause to adjourn or dissolve it . 3ly . that no weighty affairs ought to be concluded but in a full parliament , when all the lords and members are present ; and not in an empty house , when any considerable number of lords and other members are absent or secluded . 4ly . that no lords nor other persons whatsoever , though summoned as members , * ought to come to parliaments with a tumultuous multitude of people , followers , and armed men ; it being inconsistent with the freedom and privileges of parliaments , a grand disturbance to their proceedings touching the weighty affairs of the king and kingdom therein propounded , and a great terror and oppression to the people in those places where the parliaments are held ; much less then ought petitioners , or those who are no members , to draw up whole troops , regiments of armed souldiers to terrifie , force , seclude , secure , dissolve the very lords , members , houses , and parliaments themselves . 5ly . that the king and his counsil alone may by publick writs and proclamations lawfully prohibit the resort of any persons , of what condition soever , to parliaments , with any tumultuous multitude , or armed men , under the pain of forseiting all they have ; and that by the antient common-law of england , as well as by the statute of 7 e. 1. rastal armer . 1. it being a chief branch of the kings antient royal prerogative and office , as the act declares . 6ly . that they may insert this prohibition and proclamation into the very writs of summons themselves , when there is just occasion ; as there was never so much cause as now to do it , after so many unparallel'd eumults and violences offered to members , and raised against parliaments themselves , by tumultuous wultitudes of rude people , and whole troops , regiments , armies of sword-men raised for their defence , to the total , if not final subversion of the antient rights , liberties , and constitution of our english parliaments . in the parliaments of 5 e. 2. some noblemen and earls , by reason of dissentions between them , and other fears and jealousies , intended to resort to those parliaments with a great number of armed men of their friends and retainers ; which the king being informed of , thereupon issued these memorable writs unto them , expressing the manifold mischiefs and inconveniences thence ensuing , and prohibiting them to come to these parliaments with any arms , horses of warr , or multitudes of people , or to disturb the peace , affright the people of the realm , or hinder the publike affairs of parliament in any kinde , under pain of forfeiting all their lands , tenements , and whatever else they might forfeit to him , worthy the consideration and imitation of present and future ages upon the like occasions . clause 5 e. 2. dors . 31. rex dilecto et fideli sno nicho : de segrave , falutem . datum est nobis intelligi , quod vos occasione quarundam dissensionum inter vos , et dilectum & fidelem nostrum willielmum mareschal , nuper subortarum , ad arma vos paratis , & amicos & confederatos vesttos , se parare similiter procuratis , quodque ad parliamentum nostrum quod apud london die dominica proxima post festum sti. laurentii . proximo futur . fecimus summoneri , accedere intenditis cum multitudine armatorum , unde in immensum non immerito commovemur . et quia accessus bujusmodi si fieret , in nostri contemptum , et expeditionis negotiorum nostrorum impedimentum , ac terrorem populi regni nostri et lesionem pacis nostrae cederet manifestè . uobis mandamus in fide et bomagio quibus nobis tenemini , sub forisfactura terrarum ac tenementorum , ac omnium aliorum quae nobis forisfacere poteritis districtè inhibentes , ne ad dictum parliamentum cum armis , seu alio modo , quam tempore clarae memoriae domini e. quondam regis angl. patris nostri consuevit , accedere , aut aliqua alia per quae expeditio negotiorum nostrorum in dicto parliamento retardari , aut pax nostra turbari , seu populus dicti regni nostri quovis modo terreri valeat facere praesumatis . consimilia mandata et inhibitionem fecimus praefato willielmo super negotio antedicto . teste rege apud berwic . super twed. 20 die julii . eodem modo mandatum est praefato willielmo de mareschal . t. ut supra . cl. 5 e. 2. dors . 22. rex dilecto et fideli suo gilberto de clare comiti glouc. & hereford , salutem . intelleximus , quod ad praesens parliamentum nostrum apud westm. continuatum , estis cum equis et armis , more non debito venientes , unde admiramur non immerito et turbamur ; praesertim cum per hujusmodi accessum vestrum ibidem expeditio negotiorum nos et statum regni nostri tangentium in dicto parliamento nostro tractandorum impediri , et populus partirum illarum ac alibl in regno nostro , terreri posset non modicum , et pax nostra turbari . vobis igitur mandamus in fide et homagio quibus nobis tenemini firmiter injungedtes , quod ad dictum parliamentum nostrum ad tractandum nobiscum , et cum praelatis ac magnatibus de regno nostro super dictis negotiis veniatis , prout tempore clarae memoriae domini e. quondam regis angl. patris nostri fieri consuevit , equis pro armis vobiscum ibidem nullatenus adducentes , nec aliquid aliud attemptantes per quod pax nostra turbari , aut populus noster terreri valeat quovis modo . t. apud westm. 28 die novemb : per ipsum regem . eodem modo mandatum subscriptis , viz. thomae comiti lancastr . humfr. de bohun comiti heref. & essex , adamaro de ualenc . com : pembroke , guidoni de bello-campo com : warr. edmundo com. arundell . it seems notwithstanding those writs , * there were some forces raised by these earls and nobles , principally against peter gaveston ; which produced these ill effects ; 1. it terrified most of the knights , citizens and burgesses , and caused them to depart home , and desert the parliament ; so as the king was enforced to issue out new writs , to resummon them , and to command the sheriff to elect others in their places , in case they would not or could not come ; as is evident by the writs in dorse 26 of cl. 5. e. 2. forecited , p. 73. 2ly . it frighted away most of the kings justices and counsil from the parliament ; so that he was constrained to resummon , and command them not to depart from the parliament during its continuance , without his special license , as appears by this ensuing memorable writ . cl. 5 e. 2. d. 27. rex dilecto et fideli suo roberto de retford salutem . nuper vobis ex parte nostra suit injunctum , quod una cum caeteris de consilio nostro in praesenti parliamento nostro london ad tractandum ibidem super diversis negotiis nos et statum regni nostri tangentibus moram continuam faceretis , quousque aliud inde praecipissemus . vosque mandatum nostrum , in hac parte minus justè ponderantes , à dicto parliamento , caeteris de consilio nostro ibidem circa dicta negotia nostra tractantibus , ad alias partes vos elongasti●… , unde admiramur non modicum , et merito conturbamur . vobis igitur mandamus in fide qua nobis tenemini sirmiter injungentes , quod statim visis praesentibus , omnibus aliis praetermissis ad dictam civitatem cum omni festinatione accedatis , ibidem cum caeteris de consilio nostro super dictis negotiis tractaturi , vestrumque consilium impensuri , et exinde sine licentia nostra speciali durante parliamento praedicto nullaten us recedatis . et hoc ficut indignationem nostram vitare volueritis nullo modo omittatis . t. rege apud haddelye 12 die septembr : per consilium . eodem modo mandatum est subscriptis , viz : willo : de ormesby , rico : de bereford , henrico de staunton , johi . de mitford , henrico le scrop , henrico de guldeford , willo : de colneye , willo . de goldington , johi : de insula , johi : de doncastr . johi : lovell de snotescumbe , rico de rodeneye , johi : cheynel , willo : de bourne , johi : de batesford , rog●…ro de scotre . 3ly . it necessitated the king to adjourn the parliament till a further time , and much hindred the publike affaires of the king and kingdom , which should have been dispatched therein , as is evident by the writ of prorogation . cl. 5 e. 2. dorso 17. and what sadder effects such armed tumults and souldiers have of late years produced , not only to the disturbance of the publike peace and affairs of the realm , and parliament , but to the very ruin of the king , parliament , kingdom , lawes , liberties themselves , we have seen by sad experience ; therfore we should use all good and effectual means for the future prevention of such tumults , armed powers and mischiefs , when and where any parliaments are convened . the next writs are in claus. 4 e. 3. dors . 19. vic. northumbr . recited at large , with cons. literae singulis vicec . per angl running all in the ordinary form , having the same recitals and dates with those to the prelates forecited , section 1. but in dors. 13. of this year , i find this memorable writ of proclamation issued to all sheriffs cf countles , after the writs of elections sent unto them , to direct them and the people what persons they should then elect for their knights , and inviting all that were grieved by the kings officers to complain against them in parliament to the king himself , or such as he should appoint who should give them full and speedy relief : there being the like writs formerly issued to them by king edward the first , claus. 17 e. 1. dors . 2. quod vit. singuli venire fac . illos qui de ministr . rs. conqueri voluerint , quod veniant apud westm. coram certis justiciariis assignandis , to exemine and redress all offences , misdemeanours and oppressions , dum rex erat extra regnum . * le roy a viscount de lancastr . falutz . pur ce que nous avomous entendues , que diverses oppressions et duretes ount este faits sur plusours gentz de nostre roilme , per acunes q'uont estre nos ministers en diverses offices , et auxint per acunes gentz de nostre rollme , auxibien nouz consealers come autres , tant come nous besoigne per reason de la tendernes de nostre age , ount este meney per acunes gentz a damage et dishonor de nouz , la quelle chose nous ne voloms desore soeffrer , et nos avoms mult grant desire que tiels choses fuissent m●…s en estat due , et les tortes , et misprisions , redresses . vous mandoms et charge●…nt en la foi que vous nous devoz , que hastiment sanz delay , faitz crier per mi vostre bailive auxibien deinz franchise come dehors , que toutz ceux que se vodroint pleindre des oppressions , duretes ou autres grievance a eux faitz countre droiture et : les loyes , et les usages de nostre roilme , veigne it a westm. a cest nostre prochein parlement , et monstrent illeoqes lour plaints a nous , ou a ceux que nous ferront a ce deput , et nous lour feroms fair covenable . et hasti●… , remede , dont ils se devient aggreer per reason . et pour ce que avant ces heures ascunes , des chivalers qe sont venus as parlements pour les communautes des countees ount estre gentz de coveigne et maintieners des fauses querels , et nount mi seoffree que les bones gentz poient monstrer les grievances du comune poeple , ne les choses que deuseant avoir este redresses en parlement , a gran●… damage , de nous et de nostre poeple , vos mandoms et chargeoms qe vous faces eslier per come assent de vestre counte●… , deux des plus leaux et plus suffisouns chivalers et * sergeantz de mesme le countee que soient mi suspiciouns de male coveigne ne communes meinteir●…ours des parties , d'estrez a nostre parlement selonc le forme de nostre mandement que vous en aves . et ceo ne lessez si come vous voilliez eschuer nostre grief indignation : don a woodstock le triers jour de november , per ipsum regem . eodem modo mandatum est singulis , vic. per angl. a fit writ to be now revived . the next writs are those in claus 5 e. 3. dors . 7. rex vic. eborum salutem . cum pro magnis & arduis negotiis nos & statum a●… regimen regni nostri specialiter contingentibus de consilio praelatorum & magnatum nobis assistentium , ordinavimus parliamentum nostrum apud westm. in crastino sancti michaelis prox . futur . tenere , & cum praelatis , magnatibus & proceribus dicti regni habere colloquium & tractatum . tibi pr●…cipimus firmit●…r injungentes , quod de dicto com. duos milites , & de qualibet civitate com. illius duos cives , & de quolibet burgo duos burgenses , de discretioribus , & ad laborandum potentioribus eligi , & eos ad dictos diem & locum venire facias . ita quod dicti milites plenam & sufficientem po●…estatem pro se , & pro communitate com. praedicti , & dicti cives & burgenses , pro se & communitate civitatum & burgorum divisim ab ipsis habeant ad faciend . & consentiend . biis quae tunc de communi consilio favente domino ordinari contigerit super negotiis antedictis . ita quod pro defectu potestatis hujusmodi dicta negotia infecta non remaneant quovis modo . et habeat ibi nomina praedictorum militum , civium & burgensium , & hoc breve . teste ut supra . eodem modo praeceptum est singulis vic. per angliam . the like in all respects , except in the recitals ( being alwayes the same with those to the spiritual and temporal lords , relating in special or general the causes of summoning each parliament , and in the times and places of the parliament , and dates of the writs ) issued to the sheriffs , and are entred in the same order as those preceding , in cl. 5 e. 3. d. 25. claus. 6 e. 3. d. 9. 19. 36. claus. 7 e. 3. part 1. d. 3. claus. 8 e. 3. dors . 18. claus. 9 e. 3. d. 2. 18. claus. 10 e. 3. d. 1. 5. cl. 11 e. 3. pars 2. d. 11. 40. cl. 12 e. 3. pars 2. d. 32. cl. 13 e. 3. pars 2. d. 28. where you may peruse them . but in cl. 10 e. 3. dors . 1. there is this writ of prorogation and resummons entred . rex vic. ebor. salutem . cum nuper parliamentum nostrum quod apud ebor. in diem lunae in festo sancti hillarii prox futur . tenere ordinavimus , usque ad octabas purificationis beatae mariae virginis prox . futur . prorogavimus apud eundem locum tunc tenend . et tibi preceperimus , quod de com tuo milites duos , &c. venire faceres , ad faciend . et consentiend biis quae tunc de communi consilio ordinari contigerit super quibusdam negotiis nos et statum regni nostri tangentibus . ac propter diversa nova nobis et dicto regno nostro permolesta , quae in partibus transmarinis jam noviter emerserunt , &c. ( as in the writ to the archbishop ) idem parliamentum usque diem lunae prox . post festum sancti matthaei apostoli prox . futur . apud westm. tunc tenend . duximus prorogand . tibi praecipimus , quod praemuni●…i fac . milites , cives & burgenses praedictos , quod ad octabas praedictas ad dictum locum ebor. ex causa parliamenti non veniant ista vice . praecipimus insuper tibi firmiter injungentes , quod eosdem milites , gives et burgenses sic electos , vel alios eligend . si electi non fucrunt , in forma praedicta eligi , et eos ad dictum locum westm. ad praedictum diem lunae venire facias . ita quod milites plenam et sufficientem potestatem pro se & communitate com. praedicti habeant , &c. ( ut supra . ) usque hoc breve . teste ut supra . eodem modo mandatum est singulis vic. per angl. in claus. 13 e. 3. pars 2. dors . 1. the form of the writ for elections to the sheriffs , is thus notably varied . rex vic. eborum salutem . cum quaedam ardua & urgentia negotia nos , et honorem nostrum , statumque regni nostri contingentia in parliamento nostro apud westm , in quindena sancti michaelis prox . praeterito summonito , praelatis , proceribus ct communitati dicti regni ibidem existentibus exposita extitissent , super quibus eadem communitas tempus ad deliberand . petiit , supplicans quoddam aliud parliamentum statim infra breve , ut tunc deliberatione hujusmodi valeret expofitis maturius responderi , per quod de avisamento praelatorum et procerum praedictorum necnon ad dictae communitatis hujusmodi supplicationem , ordinavimus , quod super hiis et aliis urgentissimis negotiis tam nos et expeditionem guerrae nostrae , ac jura nostra et coronae nostrae in partibus transmarinis , quam defensionem dicti regni ceterarumque terrarum nostrarum contingentibus , parliamentum nostrum apud westm. in octabis sancti hillarii prox . futur . teneatur . nos advertentes , quod negotia nostra in parliamento nostro hactenus agitata saepius impedita fuerunt et etiam retardata , ita quod electiones de militibus , civibus et burgensibus pro communi●…tibus com : civitatum et burgorum ad parliamenta illa venientibus minus factae provide exiterunt . tibi praecipimus districtius injungentes , quod de dicto comitatu tuo duos milites gladiis cinctos , et de qualibet civitate com. illius duos cives , et de quolibet burgo duos burgenses de discr●…tioribus et probioribus militibus , cidibus et burgensibus com. civitatum et burgorum , et eosd●…m ad laborand . potentioribus , eligi , et eos ad dictos diem et locum venire facias . ita quod iidem milites plenam et sufficientem potestatem pro se et communitate com. praedicti , & dicti cives ac burgenses pro se et communitatibus civitatum et burgorum divisim ab ipsis habeant , ad faciend . et consentiend . hiis quae tunc de communi consilio nostro , favente domino , ordinari contigerit super negotiis antedictis . ita quod pro defectu potestatis hujusmodi , seu propter improvidam electionem militum , civium aut burgensium praedictorum ( quam tibi si aliter quam praedictum est facta fuerit imputabimus ) dicta negotia infecta non remaneant quovis modo ; & habeas ibi nomina praedictorum militum , civium et burgensium , et hoc breve . teste ut supra . per ipsum regem , et dictum custodem & consilium . eodem modo mandatum est singulis vicecomitibus per angliam . from wheuce it is observable , 1. that the commons in parliament ought not rashly to determine , or give answer to any business of great moment propounded to them , without due time and consideration ; and that they may justly desire convenient time to deliberate upon it , till another parliament shall be summoned for that purpose ; as they did here : which the king upon their petition , and the advice of the prelates and great men , assented to by his cussos regni . 2. that the indiscreet and improvident elections of unfitting , undiscreet , dishonest , insufficient knights , citizens and burgesses , is a frequent occasion of hindering and retarding the great and weighty affair●… of the king and kingdom in parliament , and cause of their miscarriage without good effect . 3. that the blame of such improvident elections , is much to be imputed to the sheriffs , as well as electors . 4. that the clause of gladiis cinctos , was first added to duos milites by this writ , not being in any former writs ; that so none but actual knights by order , as well as tenure , might be elected and returned . 5. that the word probioribus , is superadded to discretioribus et ad laborandum potentiaribus militibus , civibus et burgensibus , &c. extant in none of the precedent writs since 49 h. 3. and legalioribus omitted . 6. that there was no alteration at all now made in the writs to the warden of the cinque-ports , continuing as before , but only in those to sheriffs for electing knights , citizens and burgesses . the next succeeding writ in claus. 14 e. 3. pars 1. dors . 33. runs in the usual form , yet with duos milites gladiis cinctos , &c. de discretioribus et probioribus militibus , civibus et burgensibus com. civitatum et burgorum eorundem , et ad labor and. potentioribus eligi , &c. but de probioribus is omitted out of the writ to the warden of the cinque ports . in dors . 23 of this roll , gladiis cinctos is omitted in the writs to sheriffs , as it is in claus. 15 e. 3. pars 1. d. 37. cl . 16 e. 3 pars 2. d. 22. ( where probioribus is changed into legalioribus ) cl . 17 e. 3 pars 1. d. 25. ( probioribus is used , and legalioribus omitted ) as it is likewise in claus . 18 e. 3. pars 2. d. 14. claus . 20 e. 3. pars 2. d. 22. in claus. 21 e. 3. p. 2. d. 9. the writ is duos milites &c. de discretioribus et probioribus , &c. to hoc breve . then follows this notable clause , et scire vos volumus , quod dictum parliamentum non ad aurilia seu tallagia apopulo dicti regni nostri petenda , vel alia onera eidem populo imponenda , sed duntarat pro pro su●…titia populo nostro super dampuis et gravaminibus sibi illatis faciend . et pro tractatu super dictis negotiis , ut praemittitur b●…end . fecimus summoneri . teste ut supra . per ipsum regem . consimilia brevia diriguntur singulis vio per angliam , sub eadem data . this last clause ( which would now be very welcom and seasonable to all sheriffs , counties , cities , boroughs , ports in writs for elections ) shewes the true , proper , genuine principal end of summoning parliaments , and what they should principally intend : the calling of them heretofore , & in latter ages , changes , only to grant ayds , raise monies , advance the ambitious or covetous designs of others , instead of the peoples ease , profit , and redress of their grievances , damages , oppressions , being a grand abuse , as andrew horne long since resolved under edward the 1. in his mirrour of iustices , ch . 5. p. 282. claus. 22 e. 3. pars 1. d. 32. the writ to the warden of the cinque ports is registred before that to the sheriffs , ( as it is likewise in dorso 7. and sundry other succeeding rolls ) which is only , duos milites , &c. de discretioribus & probioribus &c. but the writs to the sheriffs , dors . 7. are thus varied . tibi praecipimus firmiter injungentes , quod de comitatu tuo duos milites gladio cinctos , et ordinein pilitarem habentes , et non alios ( in the negative as well as affirmative ) et de qualibet civitate com : illius duos cives , et de quolibet burgo duos burgenses de aptioribus , discretioribus , probioribus , et fide dignis militibus , cibibus et burgenssbus com : civitatum et burgorum eorundem eligi , &c. ita quod pro defectu potestatis hujusmodi , aut propter improvidam electionem militum , civium & burgensium praedictorum , dicta negotia infecta non remaneant quovis mode : per quod ad se ( te ) tanquam ad impedimentum negotiorum nostrorū praedictorum materiam babeamus graviter capiend . et habeas ibi nomina , &c. the like clauses are in the writs of prorogation claus. 22 e. 3. pars 2. d. 3. but there is no alteration or new clause at all in any of the writs to the cinque-ports , which still retains , duos barones de discretioribus , & ad laborand . potentioribus , &c. having only seu propter improvidam electionem baronum praedictorum , &c. added sometimes in the last ita quod , &c. where the writs to sheriffs have it . in claus. 24 e. 3. pars 2. m. 3. dorso , there is this addition and limitation in the writs then issued to all the sherifs through england , quod de comitatu tuo duos milites , &c. de discretioribus et probioribus militibus , civibus , et burgensibus , & ad laborand . potentioribus , dut non sunt placitorum aut querel arum manutentores , aut ex hujusmodi questu viventes , &c. ( in the negative ) sed homines valentes et bonae fidet , & publicum commodum diligentes eligi , &c. ( in the affirmative . ) very necessary and just general limitations , directions both for the electors and sheriffs to observe , with a seu propter improvidam electionem militum , civium , aut burgensium praedictorum negotia nostra infecta non remaneant quovis modo . the self same limitations are in the writs to all sheriffs in claus. 25 e 3. pars 1. dors . 5. cl . 28. e. 3. d 26. & claus. 29 e. 3. dors . 8. but not in those to the cinque ports in these or other rolls . i meet with these unusual writs both to sherifs of counties , mayors , and bailifs of cities , burroughs , and to the warden of the cinque ports , in claus. 26 e. 3. m. 14. dorso , worthy special observation . rex vic. kanc : salutem . quia per magnis et urgentibus negotiis , &c. ( ut supra , part 1. p. 57 ) usque ibi remedium et tunc sic , cum praelatis et magnatibus , ut supra usque ibi tractatum . tibi praecipimus firmiter injungentes , quod unum militem de provectioribus , discretioribus , et magia expertis militibus com. praedicti , de assensu ejusdem com. eligi , et eum ad diem et locum praedictum venire facias . ita quod idem miles pro se et communitate com. praedicti plenam et sufficientem potestatem habeat ad tractand . consulend . et consentiend . hiis quae tunc divina favente clementia contigerit ordinari super negotiis antedictis . et ut homines ab ista occupatione autumpnalibus qu●… minus possumus retrabamus , unum tantum militem de quolibet comitatu ad dictum consilium mittend . habere volumus ista vice . nos de die receptionis praesentium , & per quem tibi delatae fuerint certificans tunc ibidem . teste ut supra . consimilia brevia diriguntur singulis vic. per angliam sub eadem data . consimile breve dirigitur henrico com. lancastr . mutatis mutandis , sub eadem data . rex uicomitibus london salutem . quia pro magnis & urgentibus negotiis , &c. ut supra usque tractatum : & tunc sic . vobis firmiter injungentes quod duos cives de provectioribus , discretioribus , & magis expertis civibus civitatis praedictae de assensu ejusdem civitatis , &c. ut supra . mutandis mutandis , usque ad amedictis : et tunc sic ; nos de die receptionis , &c. ut supra . teste ut supra . rex majori et ballivis civitatis suae eborum , salutem . quia , &c. ut supra usque ibi tractatum : et tunc sic . vobis praecipimus firmiter injungentes , quod unum civem de provectioribus , discretioribus , &c. ut supra , usque ibi antedictis : & tunc sic . et ut homines ab istis occupationibus autumpnalibus quo minus possumus retrabamus , unum tantum civem de qualibet civitate ad dictum con●…lium miltend . habere volumus , ista vice . nos de die , &c. ut supra . teste ut supra . consimilia brevia diriguntur major●…bus et ballivis civitatum et burgorum subscriptorum sub eadem data , viz. majori & ballivis de norwich pro uno cive . majori et ballivis de kingeston super hull , pro uno burgense . ballivis de sancto botho , pro uno burgense . majori & ballivis bristoll , pro uno burgense . majori & ballivis de villa southampton , pro uno burgense . majori & ballivis cicestr . pro uno cive . ballivis villae magnae jernmutb , pro uno burgense . majori & ballivis villae de lenn : pro uno burgense . majori & ballivis lincoln . pro uno cive . rex dilecto & fideli suo bartho . de burghershe , constabulario castri sui dovor , & custodi quinque portuum suorum vel ejus 〈◊〉 tenenti , salutem . quia pro magnis & urgentilus negotiis , &c. vobis mandamus firmiter injungentes quod de quinque portubus praedictis duos barones de provectoribus , discretioribus , & magis expertis baronibus portuum praedictorum eligi , & eos ad diem & locum venire faciatis . ita quod iidem barones plenam & sufficientem potest . pro se & commun . portuum babeant ad tract and. consulend & consentiend biis quae tunc divina favente clementia de communi consilio contiger it ordinari . et ut homines ab ista occupatione autumpnalibus quo minus possumus retrabamus duos tantum barones de portubus prae dictis ad dictum consilium mittend . habere volumus , ista vic . nos de die receptionis praesentium , per & quem vobis dilatae fuerint certificantes tunc ibid. test. ut supra . in these writs there are these several things remarkable . 1. the occasions of them , pro magnis & urgentibus negotiis & novis subitis ad nos perlatis , nos & statum , ac jura regni nostri angliae , summe concernentibus , super quibus festinum & providum oportet exhiberi remedium , as the writ to the * arch-bishop recites , and the ut supra in these writs refers to . 2ly . the title given to this convention , not parliamentum , but consilium , as the latter clauses of these writs : ad dictum consilium , and the marginal note in the roll , summonitio consilii import . 3ly . the persons summoned to it , namely , the arch-bishops , bishops , one prior , one abbot , the earls , and temporal lords and barons , the kings justices and counsil , as well of the clergy as laity : but one knight only , and no more out of every shire for the whole shire , 2 citizens out of london only , but one citizen and burgesse alone out of every other citie and borough , and 2 barons , but no more out of all the cinque-ports . 4ly . the extraordinary qualification of the knights , citizens , burgesses , and barons to be elected , who are limited to be de provectioribus , discretioribus , & magis expertis militibus , civibus , burgensibus & baronibus . 5ly . the reason rendered why one only in each of these was at this time prescribed to be elected , and no more , was , ut homines ab ista occupatione autumpnalibus quo minus possumus retrabamus . 6ly . the clause of the plenary and sufficient power they were to have for themselves , and the commonaltyes who elected them , ad tractand . consulend . & consentiend . hiis quae tunc divina favente clementia de communi consilio contigerit ordinari super negotiis ante dictis , varyes from former clauses . 7ly . the certificate required from all to whom these writs issued , nos de die acceptionis praesentium , & per quem tibi dilatae fuerint certificans tunc ibidem ; not usual in other writs . 8ly . that writs issued to sheriffs , only to choose one knight , but not to elect any citizen or burgess within their counties , the writs for their elections now issuing to the maiors , sheriffs , bayliffs of each city and borough , not to the sheriffs . there are other forms of writs somewhat like unto these last recited , thus registred in claus. 21 e. 3. m. 12. dors . not unworthy special observation , issued to sheriffs of counties , mayors , sheriffs , bayliffs ' of corporations & cities , which i shall present you with . rex vic. lanc. salutem . quia pro magnis & urgentibus negotiis , nos & statum regni nostri angliae concernentibus , cum prelatis , magnatibus , proceribus , & aliis fildelibus dicti regni nostri apud westm. die lunae prox . post festum sancti mathaei apostoli prox . futur . colloquium habere volumus & tractatum . tibi pr●…imus firmites injungentes , quod unum militem gladio cinctum de discretioribus & magis expertis militibus com praedicti , de assensu ejusdem comitatus , sine dilastone eligi , & eum ad dtem & locum praedictos venire facias . ita quod idem miles pro se & pro communitate com. praedicti plen●…n & sufficientem petestatem habeat ad tractand . consulend & consentiend . hiis quae tunc divina favente clementia , contigerit ordinari super negotiis antedictis , & hoc nullatenus omittatisi teste ut supra . eodem modo mandatum est singulla vicecomitibus per angliam sub eadem data . rex dilecto & fideli suo bartho . de burghersh . constabulario castri sui dov . &c. vobis mandamus , &c. quod de quolibet portuum praedictorum unum baronem de discretionibus & magis expertis baronibus portuum eorundem eligi , &c. ita quod iidem barones plenam & sufficientem potestatem pro se & communitate portuum praedictorum habeant ad tractand . &c. ut supra . rex majori & vicecomitibus london , &c. ut supra . quod duos cives de provectioribus & discretioribus & magis expertis civibus civitatis predictae , de assensu ejusdem civitatis sine dilatione eligi , &c. ita quod lidem cives pro se , &c. & hoc nullatenus omittatis . eodem modo mandatum est majoribus & ballivis civitatum & burgorum subscriptorum , de duobus civibus sive burgensibus mittendis , sub eadem data , viz. majori & ballivis civitatis karliol . majori & ballivis villae novi castri super tynam . majori & ballivis civitatis eborum . majori & ballivis villae de kingeston super hull , majori & ballivis civitatis lincoln . majori & ballivis villae cauntebrigg . ballivis villae de santo botho ( botolph . ) ballivis civitatis norwich . majori & ballivis de bristol . majori & ballivis villae southampton . majori & ballivis cicestr . ballivis magna jernemuth . ballivis de gippewico . majori & ballivis de lenn . majori & ballivis civitatis wynton . majori & ballivis gloucestr . majori & ballivis civitatis sarum . majori & ballivis civitatis exon. majori & ballivis bathon . majori & ballivis wellen. majori & ballivis de coventr . majori & ballivis de lichefeld . majori & ballivis civitatis wigorn. majori & ballivis civitatis hereford . mojori & ballivis villae northampton . majori & ballivis civitatis cantuar. majori & ballivis civitatis roffen . majori & ballivis bedford . majori & ballivis de bokingham . majori & ballivis oxon. majori & ballivis elien . majori & ballivis notingham . majori & ballivis derb. majori & ballivis salop. majori & ballivis stafford . majori & ballivis warwick . majori & ballivis leicestr . the things most observable from these writs are these . 1. that in the margin of the roll , these writs are stied summonitio consilii : that the word parliamentum is not mentioned in them , but colloqu . & tractatum , and in the prologue to the printed statute of the staple , 27 e. 3. it is styled , dur great counsel at wettminster . 2ly . that both the arch-bishops , all the bishops , abbots , priors , earls , temporal lords , and kings counsel usually summoned to former parliaments , were summoned to this great council , and 2 citizens and burgesses out of every city , and chief , ( but not * petty ) borough , by special writs issued to their maiors and bayliffs only , not to the sheriffs of counties as usually ; and yet but one knight out of every county , and one baron out of every of the cinqueports was summoned thereunto : which is thus expressed in the very printed prologue to the statute of the staple made therein , anno 27 e. 3. 1353. whereas good deliberation had with the prelates , dukes , earls , barons , and great men of the counties , that is to say , of every county one ( knight ) for all the county , and of the commons of cities , and boroughs of our realm , of england summoned to our great counsel , &c. 3ly . that the principal cause of summoning this great counsel , was the setling of the staple for england , wales , and ireland , and making laws and ordinances for the same , by the counsel and common assent of the said prelates , dukes , earls , and barons , knights and commons , as the prologue to the statute of the staple made therein , and the statute it self resolves us : which principally concerned cities and boroughs . 4ly . that the knights , citizens , burgesses , and barons to be elected and sent thereto , were limited to be , de discretioribus & magis expertis militibus , &c. and to have plenam & sufficientem potestatem ad tractand . consulend . & consentiend . &c. as in the precedent writs . 5ly . that the number of the cities and boroughs to which special writs issued were 37. besides london , and the cinque-ports , entred promiscuously without any alphabetical or other order , as the clerks pleased , but none out of cornwall or small boroughs . 6ly . that in 28 e. 3. a parliament was summoned for confirmation of the ordinances and statutes for establishing the staple made in this great councel , wherein they were confirmed , with certain declarations and additions , to be firmly kept and holden for a statute to endure for ever , as the printed act of 28 e. 3. c. 13. the parliament , and statute rolls inform us . therefore no binding acts till then . the next writs for electing knights , citizens and burgesses , are in claus. 28 e. 3. dors . 26. the writs to the sheriffs are , duos milites , duos cives , & duos burgens . de discretioribus , & provect . & ad laborand . potentioribus , qui non sunt placitatores , quaerelarum manutentores , aut ex hujusmodi questu viventes , sed homines valentes & bonae fidei , ac . publicum commodum diligentes eligi , &c. ( as in claus . 24 e. 3. pars 2 dors . 3. forecited , ) and those in claus . 29 e. 3. dors . 8. are both the same with these in all clauses , except in their dates , and the dayes , places of the pailiament , though the writs of prorogation dors. 7. vary from them , having duos milites gladiis cinctos , &c de discretioribus , & probioribus militibus , &c. & ad laborand . potentioribus , only in them . clause 31 e. 3. dors . 21. the writs , to the sheriffs are only , duos milites , duos cives , & duos burgenses , de discretioribus , probioribus militibus , civibus , & burgensibus , & ad laborand . potentioribus , with a seu propter improvidam electionem , &c. in the ita quod , &c. which clause is in the writ to the warden of the cinque-ports , entred after those to sheriffs . but the writs to the sheriffs , dors . 2. of this roll run thus . rex , vic. kanc. &c. tibi praecipimus firmiter injungentes , quod de com. tuo duos milites , gladiis cinctos , & de qualibet civitate com . illius duos cives , & de quolibet burgo . duos burgenses , de discretioribus & probioribus militibus , civibus , & burgensibus , com . comitatuum & burgorum eorundem , et de elegantioribus personis eligi , &c. ita quod , &c. seu propter improvidam electionem militum , civium , aut burgensium praedictorum , dicta negotia nostra infecta nō remaneant , &c. et habeas ibi nomina praedictorum , militum , civium & burgensium , & hoc breve . et scire facias eisdem , quod propter arduitatem negotiorum praedictorum & celeriorem expeditionem eorundem , volumus primo die parliamenti personaliter interesse , per quod nolumus , nec intervimus aliquem ad dictum parliamentum summonitum quin eodem primo die personaliter intersint , habere ullo modo excusatum , seu excusationem inde admittere aliqualem . teste ut supra . consimilia brevia diriguntur fingulis vicecomitibus per angliam , nec non henrico duo ci lancastr . vel ejus locum tenenti , sub eadem data in these writs i observe , 1. a new qualification , de elegantioribus personis in no writs else before or after . 2ly . an unusual clause in the close of them ; strictly requiring every person summoned to this parliament , to be personally present at it on the very first day thereof without any excuse . an infallible argument and clear evidence , that all members of parliament duly elected or summoned , ought personally to appear therein at the * very first day , and none of them to be suspended , secluded , ejected by their fellow-members , or others . 3ly . that no excuses ought to be admitted for the non-attendance of persons duly summoned to parliaments . 4ly . that the king alone is and ought to be the principal judge of members excuses for absenting from parliament , & the only person who can and ought to dispence with their non-attendance , since the parliament is his parliament , court , council , summoned only by his writs and precepts , for his and the publick businesses ; not the lords or commons , who cannot dispence with absent members without or against his consent . in claus. 34 e. 3. dors . 4. there is this new addition in the writs to sheriffs . rex vic. kanc. &c. quod de com. tuo duos milites , &c. de discretioribus , & probioribus militibus , civibus , & burgensibus , &c. ita quod iidem milites in pleno comitatu tuo eligentur , & plenam & sufficientem potestatem pro se , &c. ita quod , &c. seu propter improvidam electionem militum , &c. with a scire facias eisdem quod propter arduitatem negotiorum praedictorum & celeriorem expeditionem eorundem , &c. as in the last preceding writs ; but in the writs in this roll , dorse 35. to another parliament this year , these new clauses are left out . in the clause roll , anno 36 e. 3. d. 16. there is this observable variation in the writs to sheriffs . rex vic. kanc. &c. quia super quibusdam arduis , &c. parliamentum nostr . apud westm. &c. tenere ordinavimus & cum praelatis , magnatibus , & proceribus dicti regni colloquium habcre & tractatum . tibi praecipimus , &c. quod de com. praedicto duos milites , &c. de discretioribus , melioribus et ualidioribus militibus , civibus , & burgensibus eligi , & eos ad dictum diem & locum venire facias . ita quod iidem milites pro se & communitate com. praedicti , dictique cives & burgenses pro se , &c. plenam & sufficientem potestatem ab ipsiis communitatibus habeant , ad consentiend . hiis quae per nos ac dictos praelatos , magnates et proceres ordinari contigerit favente domino . et hoc sicut te indempnem servare voluer is , nullatenus omittas , & habeas ibi nomina militum , &c. the writ to the warden of the cinqueports runs likewise in this form , de quolibet portu portuum praedictorum duos barones de melioribus , validioribus , & discretioribus baronibus : without any other variation from the usual form . the self same clauses are in both these writs in claus. 37 e. 3. dors . 22. claus . 38 e. 3. dors . 3. claus . 39 e. 3. d. 2. claus . 42 e. 3. dors . 22. & claus . 43 e. 3. dors . 24. all in the self-same form and words . from these writs it is observable , 1. that the best , ablest , and discreetest knights , citizens , barons , ought to be elected and summoned to parliaments , and that the king may command , require such to be chosen by his writs , without any prejudice to , or intrenchment upon the peoples libertie and freedome in elections , who are obliged in prudence , reason , duty , conscience , only to elect such persons . 2ly . that all knights , citizens , burgesses , barons of ports ought to have full and sufficient authority from the commonalties who elect them , both for themselves and them , to consent to those things which the king , lords , and nobles shall ordain in parliament , concerning the great and weighty affairs of the realm . 3ly . that the power of decreeing and ordaining things in parliament , whether publick or private , resided principally , if not soly in the king and lords , and of assenting to them , in the knights , citizens , burgesses and barons of the cinque ports in their own and the commons behalf . 4ly . that sherifs may be justly punished and censured by the king for neglects , or miscarriages in elections of knights , citizens and burgesses . the writs for elections issued to sheriffs in claus. 37 e. 3. d. 22. cl . 38 e. 3. d. 3. cl . 39 e. 3. d. 2. cl . 42 e. 3. d. 22. & cl . 43 e. 3. d. 24. run all in the ordinary form , quod de com. praedicto duos milites , &c. de melioribus , valentioribus , or validioribus , or valentioribus & discretioribus militibus , civibus & burgensibus com. civitatum & burgorum praedictorum eligi , &c. facias . the original writs for elections an. 42 e. 3. are yet extant in a loose unfiled bundle , with their several returns indorsed on , or annexed to them ; where the knights , citizens and burgesses elected and returned , are in the returns said to be , de melioribus , valentioribus et discretioribus militibus , civibus et burgensibus of the respective counties , cities , boroughs , for which they are returned ; and to have plenam et sufficientem potestatem pro se et communitate dicti com. civitatis , or burgi ( respectively ) ad consentiendum hiis quae in instanti parliamento contigerit ordinari . i shall here present you with this brief abstract of the writs and the several returns then made . bundle 42 e. 3. rex , &c. duos milites , &c. de melioribus , valentioribus & discretioribus militibus , civibus & burgensibus com. civitatum , et burgorum praedictorum eligi , &c. teste meipso apud westm. 24 die febr. anno regni nostri 42. nomina militum de com. westmerl : henr : de croweld senior , iohes : de preston . nomina burgensium de appelby , &c. sir thomas de strickland vic. ego walterus haywode vic. vobis fic respondeo prout patet inferius et in cedula huic consut . pro burgensibus burgorum de la vize , marleberghe , & malmesbury , ego dictus vic. vobis significo , quod mandavi willo : baggeswych , ballivo libertatis phe. reginae angliae , cui executio hujus brevis pro dictis burgensibus venire fac . pertinet faciend : qui quidem ballivus michi nullum inde dedit responsum . et pro burgensibus burgi de bedewpride , ego dictus vic. vobis significo , quod mandavi jobi hommede ballivo libertatis radi . cornitis stafford de hundredo suo de kynnwardeston , cui executio hujus brevis pertinet faciend . pro dictis burgensibus venire fac . &c. qui quidem ballivus michi nullum inde dedit responsum . two knights for the county , two citizens for new sarum , two burgesses for old sarum , two burgesses for wilton are returned by the sheriff , with two manucaptors names for each of them . two knights , with two manucaptors . nullae sunt civitates infra ballivam meam . nomina burgorum dounhenedburgh 2. liskyedburgh 2. lostwythiel burgh 2. trurou burgh 2. hellestonburgh 2. bodmynburgh 2 , burgesses , with two manucaptors apeece . berks , two knights , redyng , walyngford two burgesses for each , with two manucaptors for every of them . two knights ; wycombe 2. burgesses , with two manucaptors returned for every of them . two knights , colecestre two , maldon two burgesses , all having two manucaptors but the last burgess for maldon , who hath none . nomina militum com : gloucestr : elect . iohes : tracy , iohes : poyns , qui manucapti sunt per two only . nomina burgorum villae glouc. 2. pro villa bristol 2. having but two manucaptors for both . knights two , citizens two for cant. two for rochester , with two manucaptors apeece . no burgesses . knights two , burgesses two for leicestr . two manucaptors returned for each . non sunt plures civitates vel burgi infra com : praedict . knights two , burgesses two , for derbe , with two manucaptors for each . knights two , with two manucaptors apeece . non sunt in eadem balliva aliqua civitas , nec burgus . knights two only returned with two manucaptors , no burgesses for hertford , or st albans , knights two , burgesses two , for notyngham , with two manucaptors for each . knights two , burgesses 2. for warwycke , with two manucaptors for every of them . non sunt plures civitates nec burgi infra com. praedict . vic. surry et sussex : there was then but one sheriff for both these counties , who had two writs , filed and returned together for both counties , in one cedula knights two for surrey : burgesses for guldeford 2. ryegate 2. sutbwerke 2. bleccbynglegh 2. with two manucaptors for every of them . sussex , two knights , cives cicestriae two , burgenses arundel 2. horsham 2. estgrenstede 2. lewes 2. shorbam 2. stenyng and brembre 2. with two manucaptors apeece . knights 2. cives 2. for hereford , burgenses leominstre 2. with two manucaptors for each knights two , cives exon. two , burgenses dertemuth 2. tottes 2. plympton 2. tavystoke 2. chesing collyton 2. barnstable 2. knights two , burgesses two for oxon , vvith two manucaptors for each . knights two , burgesses two for bedford , with two manucaptors . somerset and dorset had but one sheriff for both counties , yet two writs , which are filed and returned in one cedule . somerset , knights two , burgenses villae de brigge-water 2. de taunton 2. two manucaptors for each . dorset , knights 2. burgenses brideport 2. dorchestre 2. waymouth 2. melcomb 2. warham 2. villae de la poule 2. with two manucaptors for each . knights two , cives lincoln two . burgenses grymesby 2. with tvvo manucaptors apeece . norfolk and suffolk had tvvo writs , but one sheriff , vvho returned them both together . norff : knights 2. cives norw . 2. burgesses , 2. len : episcopi , with two manucaptors ; magnae jernemuth . 2. suff. knights two , burgenses villae gippewic . 2. donewich . nullum dedit responsum . two knights , and two burgesses , for northampton . without any manucaptors returned for either . two knights , cives wygorn . with two manucaptors for each , non sunt in balliva mea alii civitates vel burgi . milites two , cives two , karliol . without any manucaptors . non sunt plures civitates , nec aliqui burgi in balliva 〈◊〉 . knights two , cives two , for wynton , burgenses , portesmouth . two . four citizens returned without any manucaptors . two knights , with two manucaptors , cives two , ebor. burgenses scardeburg 2. kingestone 2. with two manucaptors for each . two knights , with two manucaptors , and two burgesses for stafford . all the rest of the writs , during the reign of king edward the 3d. but those of 42. are lost , mislay'd , or through carelesness lye ( as many other records still do ) in a confused heap in the white tower quite neglected , over-spread with cobwebs , dust , mothes , and cankers , being never yet reduced into order , through the sloathfulnesse or negligence of those who should preserve and digest them into a usefull regulation for the publique benefit of the present and future ages . the writs for elections to the sheriffs in claus . 44 e. 3. dorso . 12. are thus altered in form , from the last writs , in some particulars of note . rex vic. kanc. salutem . quia super quibusdam arduis & urgentibus negotiis nos & statum & defensionem regni nostri angliae , ac jura coronae nostrae concernentibus , parliamentum nostrum apud westm. die lunae in prima septimana quadragesimae , viz. in festo sancti mathiae apostoli tenere ordinavimus , & cum praelatis , magnatibus & proceribus dicti regni colloquium habere & tractatum . tibi praecipimus firmiter injungentes , quod de com. praedicto duos milites gladiis cinctos , et in armis et actibus armorum magis probatos et circumspectos et discretos , & de qualibet civitate ejusdem com . duos cives , & de quolibet burg. duos burgenses de melioribus & validioribus , & discretioribus militibus , civibus & burgensibus , comitat. civitatum & burgorum proedictorum eligi , & eos usque wesim. die sabbati in festo sancti petri ad cathedra prox . futur . venire facias ibidem , et tunc durante parliamento praedicto continue moraturos , ita quod iidem milites pro se , & communitate com. praedicti , dictique cives & burgenses pro se et communitate civitatum & burgorum praedictorum plenam & sufficientem potestatem , ab ipsis comimunitat . habeant ad consulend . et consentiend . hiis quae per nos et dictos praelatos , magnates et proceres fieri et ordinari contigerit , favente domino super negotiis antedictis . et hoc ●…cut teipsum indempnem servari volueris nullatenus omittas . et habeas ibi nomina militum , civium & burgensium & hoc breve . teste rege apud westminster . octo die januarii . consimilia brevia diriguntur fingulis vicec . per angliam . from whence it is observable , 1. that in times of war and danger when parliaments are summoned for the necessary defence of the realm , and rights of the crown ; knights who are most approved , skilfull , circumspect , and discreet in matters of arms and war , and the best , ablest , and wisest men may be prescribed by the kings writs to be elected in such general terms as these , and are fittest to be chosen by the commonalty in all counties . 2ly . that knights , citizens , and burgesses when elected and summoned to parliaments , ought not only to be admitted freely into , but to continue constantly in them without suspention , ejectiō by their fellow members , or others , & not to depart from them 3ly . that none can licenso or dispence with their departures from parliament but the king , or at least with his privity or consent . 4ly . that knights , citizens , burgesses , are to consult and advise well together of all publick businesses propounded to them , or ordained by the king and lords , before they assent unto them . 5. that they ought to have full and sufficient power from the commonalty as well to consult of as consent to them . there are no writs of summons to a new parliament extant in the rolls of 45 e. 3. but this memorable summons only of half the knights , citizens , and burgesses elected and retorned the last parliament before , pertinent to my theam , and very observable , which i shall here transcribe at large for its rarity , out of claus . 45 e. 3 m. 21 dors . rex vic. kanc. salutem , cum comites , barones , magnates & communitas regni nostri angliae in ultimo parliamento nostro apud westm. tento , in auxilium expensarum quas tam pro salvatione & defensione regni nostri angliae & navigii ejusdem regni , quam pro expeditione guerrae nostrae franciae no●… facere oportebit , concesserint nobis quoddam subsidium viginti & duorum solidorum & trium denariorum levand . & percipiend . de qualibet parochia dicti regni . ita quod quaelibet parochia majoris valoris auxilians sit & contributoria alteri parochiae minoris valoris juxta ratum ; ea intensione quod dictum subsidium ad summam , quinquaginta millium librarum se attingeret . et quia habita super levatione subsidii praedicti per nos & consilium nostrum deliberatione diligenti , videtur eidem consilio , quod dicti viginti et duo solidi , & tres denarii de qualibet parochia dicti regni sic levandi , ad dictam summam quinquaginta millium librarum per multum non attingunt ; & sic verisimiliter formidatur , quod nobis de dicta summa quinquaginta millium librarum ad terminos statutos juxta intentionem concessionis praedictae responderi non potest . nos volentes plenius informari super declaratione intentionis concessionis subsidii praedicti , qualiter levatio ejusdem celerius fieri possit , & considerantes , quod onerosum esset omnes magnates , milites , cives & burgenses , qui ad dictum parliamentum nostrum de mandato nostro venerant , iterum ex hac causa conveniri ; ordinavimus , ut laboribus parcatur et expensis , cum quibusdam eorundem magnatum , civium et burgensium praedictorum super praemissis colloquium habere et tractatum . tibi praecipimus firmiter injungentes , quod thomam apuldrefeld unum militum com. praedicti , edmundum horne , vnum civium civitatis cantuar. et johan . fynchenfeld unum civium civitatis roffen , qui pro communitate com. & civitatum praedict . ad dictum parliamentum de mandato nostro venerunt , si superstites fuerint , alioquin socios suos qui cum eis de veniendo ad parliamentum praedictum electi fuerunt , praemunire facias ; quod ipsi omnibus aliis praetermissis , & quacunque excusatione cessante , in propriis personis suis sint apud wynton , in octabis sanctae trinitatis prox . futur . ad informand . nos & dictum confilium nostrum , super modo & forma quibus nobis de de dicta summa quinquaginta millium librarum celerius & commodius , juxta intentionem concessionis praedictae poterit responderi . et interim diligenter inquires de numero ecclesiarum parochialium & capellarum & praebendarum in com. praedicto , tam in manibus secularium quam religiosorum existentium , et nobis de nominibus eorundem , ac de nominibus militum et civium praedictorum ad dictos diem et locum distincte et aperte certifices , hoc breve nobis remittens . et hoc nullatenus omittas . t. r. apud westm. 27 die aprilis . confimilia brevia diriguntur vircecom . subsciptis de praemuniendo milites , cives , et burgenses subscriptos de com. civitatibus et burg. subscriptis , de veniendo apud wynton : ad octabas praedictas , sub eadem data , viz. vic. surr. de praemuniendo vvillum . de cobeham militem , thomam dane burgensem de suthwerks , petrum somere , burgensem de guildeford , et johan . bodekesham burgensem de bleechynlegh . vic. sussex , de praemuniendo johan vvaleys militem , johan . vvyn , civem cicestr . henr. exton burgensem de midhurst , johan . gosham burgensem de arundel ; vvillum snelling burgensem de shorham , robtum , frensch burgensem de horsham , henr. vverkeman burgensem de lewes , johan . chapman burgensem de seford , gregorium attebole burgensem de est-grenestede . vic. southt . de praemuniendo bernardam brocas militem , stephanum hayne civem vvynton , vvillum . bacoun burgensem suthampton , robertum lekford burgensem de portesmuth . vic. vvilts , de praemuniendo laurencium de sancto martino militem , johan . bont , civem novae-sarum , vvilliam de keynesham burgensem de malmesbury . vic. somerset . de praemuniendo johan . beauchamp de lillesdon militem , johan . vvhittokesmede civem bathon . johan . ropere civem de vvelles , johan . osbern burgensem de taunton , adam best burgensem de br iggewater . vic. dorset . de praemuniendo vvalterum perle militem , johan . chichestre burgensem de melcombe , robertum osent , burgensem de lym , ricum suward burgensem de bridport , johan . champeon burgensem de dorchestre , vvilliam chike burgensem de vvarham , vvalter henle burgensem de shaftesbury . vic. devon. de praemuniendo vvilliam bonevill militem , johan . pafford burgensem de dertemouth , hugonem vverf burgensem torton , johan . combe burgensem de plympton , johan . bosoun civem exon , ricum . cokelescombe burgensem de tavystoke , vvillum : torner burgensem de barnstaple . vic. cornub. de praemuniendo johan . trevewyth militem , richardum truisa burgensem de donbenedburgh , johan . jowel burgensem de bodmyn , ricum . carsur burgensem de lostwythiell , stephum . chamberleyn burgens . de liskird , willum . boyvill burgensem de trureu . johan . tremaen burgensem de helleston . vic. glouc. de praemuniendo johan . poyntes militem , vvilliam heyberere burgensem glouc. johan . bathe burgensem bristoll . vic. hereford , de praemuniendo thomam chaundos militem , henr. cachepol civem hereford , vvillum . tavernor burgensem de leomynstre . vic. salop. de praemuniendo robertum de kendale militem , thomam le skynnere burgensem de salop. niehum . palmere burgensem de briggenorib . vic. staff. de praemuniendo johan . de perton militem , hugonem snell burgensem de stafford , rogerum letys burgensem villae novi castri subtus lymam . vic. vvygorn . de praemuniendo ricum . fiton militem , et johan . croule civem vvygorn . vic. oxon , de praemuniendo rogerum de cotesford militem , vvillum . coteshale burgensem oxon , johan . james burgensem de walyngford . vic. berks , de praemuniendo johan . de foxle militem , et vvillum . catour burgens . de redynges . vic. bedf. de praemuniendo thomam reynes militem , et ricum . frereman burgens . de bedeford . vic. buk . de praemuniendo fulconem de bermyngeham militem , et willielmum atte dene burgens . de wycombe . vic. northt . de praemuniendo thomam de preston militem , et johan . de bukbrok burgensem de norhampton . vic. roteland , de praemuniendo laurencium hanberk militem . vic. warr. de praemuniendo iohan. peyto militem , et thomam parny burgensem de warwick . vic. leyc . de praemuniendo willielmum flannvil militem , et willielmum taillard burgensem villae de leycestre . vic. notyngh . de praemuniendo , rogerum belers militem , et rogerum de holm burgensem de notyngham . vic. derb. de praemuniendo godefredam foliambe militem , et iohan. frowell burgensem de derby . vic. lincoln de praemuniendo robertum hanley militem , iohan de outhorp civem lincoln , ricard . de herby burgensem de grymesby . vic. eborum , de praemuniendo robertum rouclyf militem , willielmum graa civem ebor. henr. de boston burgensem de scardeburgh , walterum frost , burgensem de kingeston super hull . vic : northumbr . de praemuniendo alanum de heton militem , et laurencium datton burgensem villae novi castri super tynam . vic. westmerl . de praemuniendo hugonem de louthre militem , robertum overdos burgensem de applebey . vic. cumbr. de praemuniendo gibbertum culwenne militem , et johan . de whitlawe civem karliol . vic. lancastr . de praemuniendo iohan. de ipres militem . vic. norff. de praemuniendo edmundum de thorp militem , iohan. latymer burgensem norwic. thomam de bodekesham burgensem de lenn , et iohan. de halle burgensem magnae iernemuth . vic. suff. de praemuniendo rogerum de boys militem , robertum de preston burgensem de gippewico . iohan. astell burgensem de donewich . vic. cantebr . de praemuniendo iohan. chene militem , et iohan. morys burgensem cantebrig . vic. hunt. de praemuniendo nicb. stynecle militem , et willielmum wyghtman burgensem de huntyngdon . vic. essex . de praemuniendo robertum de marny militem , ioban . halle burgensem de colchestre , et willielmum halle burgensem de malden . vic. hertf. de praemuniendo thomam . de fytlyng mil. vic. midd. de praemuniendo iohan. pekbrugge , milit. ric. de pembrugg constabular . castri regis dovor , de praemuniendo nichum . parker de hastynges . robertum baddyng de wenchelse , willum . taillour de rye , willum . holynbroke de romene , vvillum . hampton de hethe , monyn de davorr , arnaldum broun de sandwic . barones vicomitibus london de praemuniendo bartbolomeum frisling , et iohan. phelipot cives london . in this excellent record , we have these observable particulars . 1. particular writs to all sheriffs and the warden of the cinqueports , after the parliament ended and dissolved , to summon to uuinchester only half the knights , citizens , burgesses , and barons of the cinque-ports formerly summoned to the parliament at london , to appear before the king and his counsel ; with their particular names in the writs , and a special clause to summon their companions in case any of them since dyed ; and that to avoid the great expence and trouble of summoning all the rest . 2ly . the reasons why they are thus summoned , not to make laws , nor grant new subsidies , nor alter any thing formerly agreed upon and passed by common consent in parliament , for that had been very illegal , dangerous , unparliamentary ; but only to inform the king and his counsel , how a subsidy of fifty thousand pounds granted to the k. by that parliament in an intire sum , and then to be raysed by a proportionale rate layd by them upon every parish throughout the realm , might be speedily and fully raised according to their intentions by this way of levy ; when as the king and his counsel upon consideration found , that the intire sum could not be raysed in this way according to their intentions , but would fall far short of their computation , there being not so many parishes in england as they conceived . 3ly . that the commons and whole parliament may sometimes mistake and erre in their computations and proceedings . 4ly . that no subsidies or aydes can be granted or levyed for the necessary defence of the realm by sea or land , nor the way and manner of raysing them altered but in and by common consent in a full parliamen●… . 5ly . that in doubtfull grants of subsidies and acts of this nature , mentioned in this writ , the best and speedyest way to resolve the doubts , and know the true intention of them , is to confer with those members who first granted and passed them . 6ly . we have here the particular names of all the antient cities and boroughs in each county , and of the cinque-ports which in that age sent citizens , burgesses and barons to the parliament , being one of the fullest records for this purpose i have seen , and more exact than any rolls or writs for levying their expences . 7ly . here are the names of half the knights , citizens , burgesses , and barons of the ports summoned to this parliament , who had writs for their expences granted them in repairing to vvinchester by vertue of thi●… writ , as dorse 22. of this roll imports , of which more in its proper place . 8ly . the sheriffs are required to enquire and certifie the number of all the parish churches , chappels , prebends in their respective counties . the writs to sheriffs in claus. 46 e. 3. dorse 11. are only in the usual form . quod de com. tuo duos milites de discretioribus & probioribus militibus , civibus , burgensibus , &c. & ad laborand . potentioribus eligi , &c. ad faciend . & consentiend . hiis quae tunc de communi consilio regni nostri ordinari contigerit , &c. ita quod , &c. seu propter improvidam electionem militum , &c. as in former writs . in this parliament upon complaint made of sheriffs and other unfitting persons elected knights of shires , this insuing ordinance , was made to rectifie these . abuses to disable the election of such for the future . rot. parl . an . 46 e. 3. n. 13. auxi un ordenance fait en mesme la parlement fuit luez , en manere come ensuet . pur ceo que gentz de ley que pursuont diverses busoignes en les courts le roy pur singuleres persones oue queux ils sont procurent , & font mettre pleuseurs petitions en parlementz en nom des comunes que riens lour touche , mes solement les singulers persones , ou queuz ils sont de moiez . auxi viscontz , que sont comunes ministres au people , et dovient demurrer sur lour office pur droit faire a checune , sont nomez , et ont devant ces heures retornez en parlementz , chivalers des countees per mesmes les viscontz ; est accorde & assenta en cest parlement , que desormes nul home de ley pursuont busoigues en la courte le roy , ne uiscount pur le temps que il est uiscount , soient retournem , ne acceptem chibalers des countees ; ne que ces qui sont gentm de ley & uiscountz ore retournez au parlement eient gagem . num. 14. mes voyet lo roy , que chivalers & * sersaunts des meulz valeurs du paiis soiz retornez desore chivalers en parlementz , & quils sount estuz en plein counte . by vertue of this ordinance all sheriffs of counties have alwaies by special clauses inserted into writs of elections ever since , been disabled to be chosen knights of the shire , or burgesses , and sometimes apprentices , and men of law , whiles they pleaded and practised , for the reasons expressed in this ordinance . the very next writs of summons to parliament , claus 47 e. 3. m. 13. dors . were thus altered , & some new clauses put into them in pursuance of this ordinance . rex vic. kanc. salutem . quia de avisamento confilii nostri , &c. tibi praecipimus firmiter injungentes , quod de com. tuo duos milites gladiis cinctos , seu armigeros , de dicto com digniores et probiores , et in actibus armorum magis expertos et discre●… et non alterins conditionis , & de qualibet civitate com. illius duos cives , & de quolibet burgo duos burgenses , qui in navigio et exercitio mercandisarum notitiam habeant meliorem , eligi : et eos ad dictos diem & locum venire facias . ita quod iidem milites plenam & sufficientem potestatem pro se , &c. ( as in ordinary writs ) ab ipfis habeant ad faciend . & consentiend . eis quae tunc de communi confilio regni nostri favente domino contingant ordinari super negotiis antedictis . ita quod pro defectu hujusmodi potestatis , seu propter improvidam electionem militum , civium , aut burgensium praedictorum , dicta negotia nostra infecta non remaneant , quovis modo . nolumus autem quod tu , seu aliquis alius uicecomes regni praedicti , aut aliquis alterius conditionis quam superius specificatur aliqualiter sit electus . et habeas ibi nomina praedictorum militum , civium , & burgensium , et hoc breve . teste ut supra . consimilia brevia diriguntur singulis vicecomitibus per angliam . in the writ to the warden of the cinqueports this new clause of qualification is inserted : et de quolibet portu portuum praedictorum duos barones de melioribus , & in navigio et exercitio mercandizarum discretioribus eligi , without any other alteration . it is observable , that these writs issuing in times of war both by land and sea with * france , as is evident by rot. parl . 47 e. 3. num . 2 , 3 , 4. thereupon these new qualifications of knights , citizens , burgesses , and barons of the cinqueports were inserted into these writs , that the first shall be knights by order , or at least armigeros digniores & probiores , & in actibus armorum magis expertos & discretos . the later of them such , qui in navigio & exercitio mercandizarum notitiam habent meliorem ; which were fitting qualifications , considering the times wherein they were inserted into these writs . 2ly . that there were express prohibitory clauses in these writs , to inhibite the elections of any persons not thus qualified , & non alterius conditionis , relating to the knights and esquires ; and last clause in the writ . nolumus tamen quid tu , &c. aut aliquis alterius conditionis , quam superius specificatur aliqualiter sit electus : which was grounded on the * ordinance of parliament , in 46 e. 3. and manifests the antient power and prerogatiue of our kings , to prescribe to their subjects what kind of fit persons they ought to elect , and to prohibite the choyce of any others not so qualified , when they are proner to make undue elections of mean , indiscreet , unable , and unfitting knights , citizens , burgesses , barons , to the prejudice of the publick , 5ly . that though our kings cannot prescribe to their subjects what particular persons they shall elect , being inconsistent with the freeness of elections , the stat. of 3 e. 1. c. 5. an apparent incroachment on their liberty , and a ready means to pack parliaments at their pleasure , to effect their own private end , & oppres , enslave their subjects , yet their prescribing of just and fitting qualifications in the general in all persons to be elected , and inhibiting the choyce of any not so qualified , is no incroachment upon their libertyes and freedom in elections , as this writ and others , and the forecited ordinance doth evidence . the next writs to sheriffs for electing knights , citizens , and burgesses , are those in clause 47 e. 3. dors . 13. cl . 49 e. 3. d. 4 , 6. cl . 50 e. 3. p. 1. d. 6. running all in this form . rex vic. kanc. &c. quod de comitatu tuo duos milites gladiis cinctos , magis idoneos et discretos , & de qualibet civitate com. illius duos cives , & de quolibet burgo duos burgenses de discretioribus , & magis sufficientibus eligi , &c. with this prohibition in the close of all these writs nolumus autem quod tu , vel aliquis alius vicecomes regni noctri praedicti , aut aliquis altertus conditionis quam superius specificatur aliqualiter sit electus . et babeas ibi nomina praedictorum militum , civium , & burgensium , & hoc breve . the writs to sheriffs for the election of knights , citizens , and burgesses , in cl . 1 r. 2 , d. 37. cl . 2 r. 2. d. 13. 29. cl . 3 r. 2. d. 27 , 32. cl . 4 r. 2. d. 32. cl . 5 r. 2. d. 12. 40. cl . 6 r 2. p. 1. d. 4 , 17 , 37. cl . 7 r. 2. d. 10 , 37. cl . 8 r. 2. d. 35. cl . 9 r. 2. d. 45. cl . 10 r. 2. d. 42. cl . 11 r. 2. d. 13. 24. have all the same prohibitory clause , & nolumus autem , &c. as the last writs in king edward the third his reign . but in the writ of claus . 12 r. 2. d. 42. these words aut alterius conditionis quam superius specificatur , are omitted out of the nolumus autem : in all the writs of claus. 13 r. 2. pars 1. d. 6. they are again inserted . but in the writs of cl. 14 r. 2. d. 42. cl . 15 r. 2. d. 37. cl . 16 r. 2. d. 32. cl . 17 r. 2 : d. 30. cl . 18 r. 2. d. 23. cl . 20 r. 2. p. 1. d. 15. cl . 21 r. 2. p. 1. d. 27. cl . 23 r. 2. d : 3. and in all writs under h. 4 , 5 , 6. & e. 4. they are also totally omitted . : and nolumus autem quod tu , aut aliquis alius vicecomes regni praedicti aliqualiter sit electus , only reteined . in all these writs under richard the 2d . there is this clause added , not extant in those of edward the 3d. tibi praecipimus firmiter injungentes , quod in pleno comitatu tuo de communt assensu ejusdem , duos milites gladiis cinctos , magis idoneos & discretos , &c. eligi , &c. facias : which clause most clearly evidenceth , that all knights ought to be elected in a full county-court , by the common assent of the county , & not to be nominated , elected by the king , or any others without or against the counties consent & approbation . there are 5 bundles of writs in ann. 3 , 10 , 11 , 13 , 16 rich. 2d , yet extant , for elections of knights , citizens , and burgesses , issued to sheriffs , and others ; with their retotns indorsed on or annexed to them , which i shall pretermit . there are only two extraordinary unusual writs , concerning the election of knights , during the reign of king richard the 2d . worthy special observation , which i shall present you with at large . the first of them thus recorded in claus. 7 r. 2. m. 32. de militibus venientibus ad parliamentum loco aliorum eligendis . rex vic. surry . salatem . quia ut accepimus , tu thomam camoys chivaler , qui baronettus est , sicut quamplures antecessorum suorum extiterunt , ad essendum unum militum venientiam ad proximum parliamentum nostrum pro comunitate comitatus praedicti , de assensu ejusdem comitatus , eligisti : nos advententes , quod hujusd . baronetti ante haec tempora , milit. comit. ratione alicujus parl. eligi , minime consuev . ipsum de officio militis , ad dictum parliamentum pro comunitate comitatus praedicti venturi , exonerari volumus et ideo tibi praecipimus , quod quendam alium militem idoneum et discretum gladio cinctum , in loco ipsius thomae eligi , & eum ad diem & locum parliamenti praedicti venire facias . cum plena & sufficienti potestate ad consentiend . hiis quae in parliamento praedicto fient , juxta tenorem prioris brevis nostri tibi pro electione hujusmodi militum directi , & nomen ejus nobis scire facias . teste rege apud westm. octavo die octobris . consimile breve dirigitur vic. surry , pro iacobo berners , qui est de retinentia regis & familiaris , & unus militum kantiae t. r. apud westm. 18 die oct. it is evident by the rolls and summons cited in the * precedent table of the temporal lords and barons , that ralph camoys was sumoned to parliament amongst the other lords and barons in 49 h. 3. and another of that name to sundry parliaments , under ed. 2 & 3. and iohn de camoyes after them : that this thomas camoyes mentioned in the writ , was descended from them , and then a peer and baron of the realm , ( though styled a baronet in the writ , which in that age signified a baron of parliament , as the hujusmodi baronetti in the writ , and mr. selden evidence ; ) being summoned by writ with the rest of the barons to this very parliament of 7 r. 2. and sundry others afterwards during his reign , and the reigns of henry the fourth and fifth ; from whence i shall observe . 1. that no peers or barons of the realm may , can , or ought to be elected , retorned kights of shires , citizens , or burgesses of parliament , and their elections voyd if made , being uncapable to sit or vote in the commons house as members therof , as i have largely proved in my plea for the lords and house of peers , p. 143 to 148. to which i shall refer the readers for fuller resolution . 2ly . that if any election be once made upon the the kings first writ , though void or illegal in it self , yet the sheriff and county cannot proceed to a new election , without a new writ from the king authorising them . 3ly . that if a meer void election of a peer or other person uncapable , be made by the country and sheriff , the king may thereupon by such a new writ as this , declare it null , yea discharge the pe●…son elected from his undue election , and command a new election to be made by such a writ as this , before the parliament meet as well as alter it ; as he did here , this parliament for which the lord camoyes was elected one of the knights of the countie for surry , being summoned to begin on the 25 of october ( as the writ it self and parliament roll assure us ) and the writ for his discharge , and a new election of another fit person and knight in his stead , bearing date the 8th . of october , being 15 daies before the parliament was to meet . 4ly . that the king in this age , not the commons house , was the sole proper judge of void & double elections , who had no jurisdiction or authoritie to hear or determine anie complaints concerning elections , much lesse to suspend , seclude , or reject anie of their fellow-members , ( a late dangerous usurpation ) either by custom of parliament , the writs of election , or any other law , statute , authoritie , but only the king or lords ; as i have largelie proved in my plea for the lords , by unreasonable presidents●… , reasons , statutes , p. 371. to 420. to which i shall refer the reader . 5ly . that when the self-same person is elected a kinght for two counties at once , the king by his writ may discharge him of one of them , and issue a new election in his room , as in the case of iames berners elected both for surry and kent . the next writ is this of clause 11 r. 2. m. 24. dorso . rex vic. kanc. salutem . quia de avisamento consilii nostri pro quibusdam arduis & urgentibus negogotiis nos , statum & defensionem regni nostri angliae , seu ecclesiae anglicanae contingentibus quoddam parliamentum nostrum apud westm. in craftino purificationis beatae mariae prox futur . teneri ordinavimus , & ibidem vobiscum et cum praelatis , magnatibus , & proceribus regni nostri angliae colloquium habere & tractatum . tibi praecipimus firmiter injungentes , quod de comitatu tuo duos milites gladiis cinctos magis idoneos & discretos com. praedicti , & in debatis modernis magis indifferentes ; & de qualibet civitate ejusdem com. duos cives , & de quolibet burgo duos burgenses de discretioribus & magis sufficientibus eligi , & eos ad dictos diem & locum venire facias , &c. teste rege apud windsore , decimo septimo die decembr . consimilia brevia diriguntur singulis vic. per angliam . the king before any elections made , being informed , that this new inserted clause , in debatis modernis magis indifferentes , , ( relating only to knights of shires , not citizens and burgesses ) was contrary to the forms of elections antiently used , and against the liberty of the lords and commons of the realm till that time used , did thereupon supersede and revoke these writs , as to this unusual clause alone , by this memorable writ , entred in the next membrana , viz. cl. 11 r. 2. m. 23. dorso . rex vic. kant . salutem , licet nuper & breve nostrum inter caetera tibi praecipimus firmiter injungentes , quod de comitatu tuo duos milites gladiis cinctos , magis idoneus & discretos com. praedicti , & in debatis modernis magis indifferentes eligi , & eos ad parliamentum nostrum quod apud westm. in crastino purificationis beatae mariae prox . futur . tenere ordinavimus , ad eosdem diem & locum venire faceres . nos tamen attendentes dictam clausulam , in debatis modernis magis indifferentes , contra formam electionis antiquitus usitatae , et contra libertatem dominorum et communitatis regni nostri angliae hactenus obtentam existere , volentesque proinde praedictos milites libere eligi , modo et forma prout antiquitus fieri consuebit . tibi praecipimus firmiter injungentes , quod de com. tuo duos milites gladiis cinctos , magis idoneos & discretos com. praedicti , prout hactenus fieri consuebit , eligi , & eos ad praedictos diem & locum venire facias , dicta clausula non obstante ; caeteraque omnia & singula in dicto brevi nostro contenta fac : et exequaris juxta tenorem ejusdem , dictam clausulam penitus omittens . et habeas ibi hoc breve , & aliud breve . teste rege apud westmonast . primo die jan. per ipsum regem & consilium . consimilia brevia diriguntur singulis vicecomitibus per angliam : & carissimo anvunculo regis johanni regi castellae & legionis , duci lancastr . vel ejus cancellario in eodem ducatu , sub eadem data . from these two memorable writs , compared with some of the limitations in the precedent writs , it is evident , 1. that although the king may by his writs advise and command the sheriffs and people by general clauses , to elect two of the best , wisest , discreetest , fittest , elegantest ablest knights , citizens , burgesses in each county , city , borough , and most able to take pains : and likewise probibite them to elect maintainers of quarrels and false sutes , persons of ill fame , living by maintenance and dishonest gain , sheriffs of counties , practising lawyers , barons of the realm , and other unfitting persons for such a publick service ; yet he ought not to insert any new qualifications or restraints into his writs , contrary to the amient , usual form , liberty , and freedom of the peoples elections , which may tend to the packing of any parliament , to promote any particular factions , parties , or designs to the publick prejudice , or deprive the people of their antient legal freedom in their elections , especially in times of general discord , discontents , jealousies , or open sad debates between the king and his subjects , as these new clauses , in debatis modernis magis indifferentes , &c. and other late army qualifications , restraints of more dangerous consequence do in the late instrument of government , and petition and advice prescribed by the new-modellers of parliaments , and our republicans since , to advance their own particular designs , & admit , seclude , what members they please , though best affected to the publick welfare , ease , peace , fafety , settlement of our distracted nations , and most desired , confided in by the people who elected them by their unanimous votes . 2ly . that our kings themselves are bound in justice and prudence to reverse and revoke all such unusual , illegal clauses and restraints , inserted into writs for elections , which are inconsistent with the just rights and freedom of the people in their elections , according to the statutes of 3 e. 1. c. 5. 9 e. 4. c. 14. 7 h. c. 15. and this memorable president of king ri●…bard the 2d . and that before any publick report thereof in parliament , or examination by the commons . 3ly . that no peer or baron of the realm , may or ought to be elected a knight of the shire , or burgess of parliament , that the king himself may by his writ , null and declare their elections void , and command a new election to be made , before the parliament assembles , without the commons precedent or concurrent votes . 4. that if the same person be elected knight of the shire in two several counties , the king by his writ may null and discharge the second election before the parliament meets , and order the election of a new knight for the county wherein he was last elected , ( he being uncapable to serve in both ) without the commons order or privity . 5ly . that the commons house or committees in this age , were not the ludges , desciders of the lawfulness of knights and burgesses elections , ( as now they make themselves ) but the king himself , or the king and lords house , or his counsel in parliament , without the commons , as i have b elsewhere proved at large by sundry presidents . besides , the writs for elections under king richard the 2d . entred in the clause rolls , there are five several bundles of writs , anno 3 , 10 , 11 , 13 , & 16 r. 2. issued to sheriffs for electing knights , citizens , burgesses , for the respective parliaments held in those years , having the retorns of the sheriffs . with all the names of the knights , citizens , burgesses then elected indorsed on them , or in cedules annexed to them , most of them having two manucaptors apiece for their appearance at the day and place of the parliament , and some few of them no manucaptors at all ; the forms of the retorns agreeing for the most part with those of 26 & 28 e. 1. & 42 e. 3. forecited . upon which confideration i shall wholy pretermit them , to avoid prolixity and nauseousness . the original writs of elections and their retorns under k. henry 4. are either mislayed or totally lost , embeseled , perished through negligence , or casualty , so as i can give you no particular account of them , but only of their transcripts entred in the clause-rolls . the first of them are enrolled , in claus. 1 h. 4. m. 37. dors . claus . 2 h. 4. pars 2. dors . 8. cl . 3 h. 4. dors . 2. 17. cl . 5 h. 4. pars 1. dors . 28. pars 2. dors . 11. agreeing all in words , substance , form , with the usual vvrits forecited under richard the second , without any variation , except in their prologues and dates , being the same with those to the prelates , section 1. but in cl. 5 h. 4. part 2. m. 4. dors . there was an unusual new clause inserted into the vvrits then issued , prohibiting all apprentices , or any other man of law to be elected , as well as sheriffs , these writs else agreeing in all things with the ordinary form . rex vic. &c. jalutem , &c. nolumus autem quod tu sive aliquis alius vicecomes regni nostri , nec apprenticius , aut aliquis alius homo ad legem aliqualiter sit electus . teste rege apud lichefeld , quinio die augusti . c thomas of walsingham , a credible historian then living , took special notice of this extraordinary vvrit , recording in his history of england , direxit ergo rex brevia vicecomitibus , ne quosquam pro comitatibus eligerent quovismedo milites . qui in iure regni docti fuissent vel apprenticii , sed tales omnino mitterentur ad boc negotium , quos constat ignorare cujusque iuris methodum , quod et factum est . but what prejudice to the republike and people this produced by imposing new insupportable taxes upon them , he informs us in his ypodigma nestr . p. 164. grave sir d edward cook ( the most confident common mistaker , mis-reporter of records that i have hitherto read ) peremptorily affirms , that the historian ( vvalsingham ) was ( herein ) mistaken , and that there was no such clause in the writs then issued . a clear evidence he never perused this clause roll or vvrit with his own eyes ( or most else be cites ) as i have done more than once for my own and others satisfaction ; transcribing this passage out of it , with my own hand , which i have also met with in sundry other transcripts , as well as in the roll it self , where all may peruse it when they please . and if this be not sufficient evidence , our learned antiquary sir henry spelman , ( a person of far greater judgement and learning in antiquities than sir edw cook ) hath assured us thereof in his glossarium p. 44. prohibet rex henrious 4 legum apprenticios ad parliamentaria comitia coventriae habita sexto die octob. anno regni sui sexto in comitatibus eligendos , ut non solum meminêre annales nostri , sed ipsum etiam ( e breve parliamentarium unicuique vicecomitum directum , datumque vigessimo quinto die aug. anno ejusdem 5. uti patet ibidem in pede , viz. nolumus autem quod tu seu aliquis alius vic. regni nostri praedicti , aut apprenticius sive aliquis alius homo ad legem aliqualiter sit electus , &c. hinc parliamentum illud laicorum dicitur & indoctorunr , quo & jugulum ecclesiae atrocius petebatur . and sir edward cook himself at unawares confesseth as much , some few pages after 4 instit. p. 48. as i have evidenced in my plea for the lords . p. 379 , 380 , 381. and preface to the exact abridgement of the records in the tower. i find in truth , that there were no less than three several writs of summons and elections to three distinct parliaments in this one year of 5 h. 4. the first dated apud leichfeld 5 die augusti , for a parliament to be held at coventree octavo die octobr. entred claus. pars 2 h. 4 dors . 4. whereinto this clause was inserted , omitted in most collections of parliamentary writs of summons . the second entred in claus. 5 h. 4. pars 2. dors . 11. teste johanne duce bedford , custode angliae apud westm. 5 die octobris . the third entred clause 5 h. 4. pars 1. dors . 28. for a parliament apud coventre , tertio die decembris . teste rege apud vvestm . 20 die octobris , in which two latter writs there is no such clause inserted , but only in the first , which perchance was the ground of f sir edward cooks confident mistake , who only saw a transcript of the latter , not of the first writs . this clause was warranted by and grounded on the forecited ordinance of 46 e. 3. as sir edward cook a●…tests , and i subscribe to ; but that this was an ordinance ●…ly of the lords , or that ordinances differed from acts of parliament in those times , in this , that one had the threefold concurrent assent of the king , lords and commons , the other not , &c. as he there affirms , i utterly deny , and have g elsewhere at large resuted by unanswerable evidences , and above an hundred acts of parliament , which make them both one and the same , they having both this threefold concurrent assent to make them acts , or ordinances , without which they are neither : and himself confesseth it in his 2. institutes p. 101. 645 , 646. & elsewhere . the reason for secluding practising lawyers from being elected , whiles they actually continued to plead and prosecute suites in the kings courts for others , are expressed in the ordinance , now fit to be revived , that so the lawyers elected may totally attend the publick businesses of the kingdom and parliament in the house , and not neglect them : which if they do faithfully and conscienciously execute with publick spirits , there are no members whatsoever more usefull , necessary , beneficial to the publick than they , both forthe penning of good laws , debating all businesses of law , examining all complaints'and grievances : whence none but lawyers for the most part in antient or late times have been chosen i speakers of the commons house , & few else but they imployed as chair-men in most committees . after this , upon the making of the statutes of 7 h. 4. c. 15. & 11 h. 4. c. 1. upon the commons petition , as appears , by 1 h. 4. rot . parl . num . 83. 139. & 11 h. 4. n. 54. for regulating former abuses in the elections of knights of shires to serve in parliaments ; the ant●…ent form for the vvrits for electing knights , was somewhat altered and enlarged ; as is evident by the next ensuing vvrits of clause 8 h. 4. dors . 2. cl . 11 h. 4. dors . 32. cl . 12 h. 4. dors . 2. cl . 14 h. 4. dors . 22. & cl . 1 h. 5. dors . 9. & 37. agreeing all in one form , and differing only in the prologues , dates , and places of the parliaments ; i shall therefore present you only with a transcript of the last of them . rex vic. kanc. salutem . quia de avisamento consilii nostri , &c. ( as in the former vvrits . ) tibi praecipimus sirmiter injungentes , quod facta proclamatione in proximo comitatu tuo post receptionem hujus brevis tenendo , de die & loco ( parliamenti ) praedictis , duos milites gladiis cinctos , magis idoneos & discretos de com. praedict . &c. libere et indifferenter per illos qui proclamationi hujusmodi interfuerint juxta formam statuti inde editi et provist , eligi , & nomina eorum militum civinm & burgensium sic ●…eligendorum , in quibusdam indenturis inter te & illos qui hujusmodi electioni interfuerint inde constituend . licet hujusmodi eligendi praesentes vel absentes fuerint , inseri , eosque ad dictos diem & locum venire facias . ita quod , &c. ( as in former writs ) nolumus autem quod tu , vel , ( seu ) aliquis alius vicecomes regni nostri praedicti aiiqualiter sit electus . et electionem tuam in pleno comitatu tuo distinctè & apertè factam sub sigillo tuo & sigillis eorum qui electioni illi interfuerint nobis in cancellaria nostra ad dictos diem & locum certifices indilatè . remittend , nobis aliam partem indenturarum praedictarum praesentibus consutam una cum hoc breve . teste rege apud westm. 22 die maii. the like writs then issued to all other sheriffs of counties , and this form with little or no variation , continued from 1 h. 4. to all sheriffs of particular cities and boroughs , made counties within themselves , ( as lincoln , york , bristol , coventre , norwich , notyngham , newcastle upon tyne , kingstone upon hull , and southampton , mutatis mutandis ) till the statute of 8 h. 6. c. 7. concerning elections was made , as the clause . rolls assure us , where the writs of summons are recorded ; only the writs to the sheriffs of london were to elect qua●…uor cives de discretioribus & magis sufficien●…ibus ; the writs to the sheriffs of other cities that were counties , to elect duos cives , and to those boroughs which were counties , to choose duos burgenses . the bundle of those original writs which issued in 1 h. 5 is yet extant , together with the several retorns and indentures of the sheriffs , and names of the knights , citizens , and burgesses then elected and retorned , the major number of them having manucaptors retorned for their appearance at the day and place of the parliament , which others of them have not . the statutes of 7 h. 4. c. 15. & 11 h. 4. c. 1. enacting all sheriffs to make their retorns of the knights elected by indentures , between the sheriffs and electors , under their respective seals , never in use before , thereupon the forms of their retorns were accordingly altered and made by indentures , wherein the names of the knights elected and of their electors were retorned , some inserting more , some fewer names of the electors , with general clauses for the rest ; on the dorse of many of which indentures the names of the knights , manucaptors , and sometimes of the citizens and burgesses , and their manucaptors are entred , and others of them on the dorses only of the writs ; these indentures are somewhat various and different in their forms and words , but for the most part they accord in substance : all those from 7 h 4. to the end of his reign , being not extant , but lost or mislayd , i shall present you with some few of the first of them yet extant in 1 h. 5. upon the retorn of the last forecited writ that year . executio istius brevis patet in quadam cedula , & in quadam indentura huic brevi consuta . haec indentura facta apud lostwythiel , 24 die aprilis anno regni regis henrici quinti , post conquestum angliae primo , in pleno com. ibidem tent . inter johannem arundel vic. com. praedicti ; & johan . whalesbrew , willum . grynevile , and 32. more there named , & plures alios de dicto com. ibidem tunc praesentes , secundum proclamationem dicti dom. regis , de militibus pro parliamento in dicto brevi specificato eligendis factam . qui tunc ibidem unanimi assensu et consensu eligerunt johan . wibbury & johan . trelonny milites , qui habent plenam & sufficieutem potestatem pro se & communitate com. praedicti , ad faciend . & con . sentiend , prout breve praedictum in se exegit & requirit . in cujus rei testimonium huic parti indenturae huic breve consut . proedictus johannes whalesbrew & caeteri omnes praenominati sigilla sua apposuerunt . et alteri parti indentur . praedictarum vic. sigillum suum apposuit . dat. die , loco & anno supradictis . nomina militum electorum pro parliamento in brevi huic cedulae consut . those named in the indenture having each two manucaptors . nulla est civitas in com. praedicto . nomina burgensium pro parliamento in com. praedicto : dounhevedburgh , 2. bodmyn burgh . 2. helston burg. 2. lostwithiel burg. 2. truru burg. 2. having every of them two manucaptors retorned over against their names , all there named . the counties of snssex & surry having a several writs , and but one sheriff are retorned both together ; the indenture for surry runs thus , haec indentura facta apud guldeford , &c. testatur , quod virtute brevis dom. regis in pleno com. praedicto plenarie lecti & auditi , per assensum & consensum willi weston , ( and three more there named ) & omnium aliorum fidelium ibidem existentium , electi sunt in milites pro communitate com. praedicti existend . ad parliamentum dom. reg●…s apud westm. ex tunc proxtenend . johannes burg●… . & willielmus aferde . in cujus rei testimonium , &c. the indenture annexed to the writ for sussex is in french , between the sheriff , & les gentilles homes & comunes du dit counte , dauter part , witnessing , that the gentlemen and commons had chosen richard sayvyle and richard wakebira , a consentie & affaire ceo que as chivalers de parliament affaire duement appertient , pur le bonor & profit du dit nostre seigneur le roy & son roialme : in testimony whereof the sheriff and the gentlemen , and commons , to wit , 14 there named , and other gentlemen and commons , set to their seals the day and year aforesaid . none of the knights , citizens or burgesses tetorned upon this indenture , have any manucaptors indorsed on the indenture , nor retorned in the cedule , as most of the others have in other counties , though not all ; and some of them are retorned to be atached , & quilibet eorum separatim per se , by particular persons there retorned , without any manucaptors for them , as in the retorn for cambridge-shire . most of the indentures mention , that the knights elected and retorned have plenam & sufficientem potestatem pro se & communitate com. praedict . ad faciend . & consent . ●…iis qu●… tunc ibidem de communi co●…silio dicti regni favente domino ordinari contigerit super negoti●… in praedicto brevi specificatis . in cujus rei testimonium , &c. as the retorns of the sheriff of hertford-shire & essex , ( which counties had then but one sheriff ) and sundry others attest . the indenture for wyltes addes : item praesens indentura , testatur , qnod cives & burgenses de qualibet civitate & burg. com. praedict . electi , &c. plenam & sufficieneem potestatem prose , & communitate civitatum & burgorum praedictorum divisim habentes ad faciend & consentiend , prout dictum breve in se exigit & requirit . incujus rei testimonium , &c. in some retorns is added , by the electors , ( as also in 3 h. 5. for essex . ) dante 's & concedentes eisdem roberto darcy & johanni tyrrel militibus , pro proedicto parliamento , plenam & sufficientem potestatem prose , & communitate com. praedicti ad faciend . & consentiend . hiis quae tunc ibidem de communi consilio regni domini regis favente domino ordinari contigerit super negotiis in praedicto brevi specificatis . the substance whereof is expressed in most retorns . the retorn of the she●…iff of bristol is thus endorfed . adprox . com. tentum apud bristol postquam istud breve mihi deliberatum fuit , viz die lunae 10 die aprilis , anno regni henrici quarti post conquestum primo , proclamari feci breve infra scriptum prout illud requirit . et ulterius vobis certifico , quod ad eundem . com. & coadunatis , discretioribus & magis sufficientibus burgensibus dictae villae ex assensu jobannis clyve , majoris villae praedictae & aliorum plurimorum ibidem existentium , eligimus duos discretos & magis sussicientes burgenses com. bristol , viz. thomam norton & iohannem leycestre , qui tam ut milites pro com. bristol , quam ut burgenses villae praedict . respondeant in parliamento domini regis tenend . apud westm. a die pasche in tres septimanas , prox . futur . & eos ad praedictum parliamentum venire faciam , prout in altera parte quarundam indenturarum : inde inter me & illos qui electioni praedict . interfucrunt confect . huic brevi consut . continetur , prou●… istud breve requirit . iohannes sherpe vic. bristol . haec indentura facta bristol inter johannem sherpe vicecomitem com. bristol , ex parte ●…una , & johannem clyve majorem villae praedict . ( and thirty more named particularly ) & alios probos homines villae praedictae , ex . parte altera testatur ; quod virtute brevis . domini regis uni parti harum indenturarum consut . in com. tento apud bristol die lunae , &c. ( as before in the retorn ) coadunatis discretioribus & magis sufficientibus burgensibus dictae villae , thomas norton & johaennes leycestre burgenses & mercatores villae bristol sunt electi , essendi in parliamento domini regis tenend . &c. ( as before ) ad respondend . in parliamento praedicto tam ut milites pro com. bristol , quam ut burgenses pro burgo praedict . villae : qui quidem thomas norton et iohannes leycestre praesentes in electione praedict . praemuniti ( sunt ) comparendi in dicto parliamento ad diem et locum praedictum , ex consensu & assensu dictorum majoris et proborum hominum praedictorum , et communitatis villlae praedictae , ad consentiend . et faciend . omnia et singula quae in dicto parliamento contigerit ordinari , ac omnia alia quod breve praedictum exigit . in cujus rei testimonium tam praedictus vicecomes , quam praefatus major et singuli probi homines supradicti , sigilla sua alternatim apposuerunt . dat. bristol anno et die supradictis . the counties of somerset and dorset had then two distinct writs , and but one sheriff , who retorned both writs together . in the indenture for the county of somerset , dated at yuelchester , 1 die maii , anno 1 h. 5. there are 24 electors only named ; qui ex assensu totius com. praedicti eligerunt . thomam brooke militem , et rogerum chedder , milites essendi apud westm. ad parliamentum &c. ad faciend , et consentiend pro commun . praedict . tunc . ibidem prout breve praefato vic. inde direct . &c. in se exigit et requirit , &c. these 2. knights have each one manucaptor over against their names , but the citizens and burgesses in the county none , except those of wells , who have two manucaptors over against their names : but the knights for the county of dorset have no manucaptors , nor any of the burgesses , except lyme , who have only two manucaptors for both burgesses . i shall trouble you with no more varieties of indentures of this kind to avoid prolixity : those who are not sufficed with these , may peruse them in the bundles of writs and retorns , anne 1 , 3 , 8 , 9 h. 5. 1 , 2 , 3 , 6 , 11 , 13 , 20 h. 6. & 7. & 12 edw. 4. where they may satiate , if not surfet themselves with retorns and indentures of this nature . the forms and substances of all the several writs for elections of knights , citizens and burgesses from 11 h. 4. till 2 h. 6. and of their respective retorns by indenture in the bundles of writs and retorns of anno 3 , 8 , & 9 h. 5. et anno 1 , 2 , 3 , 6 h. 6. are the same with those of 1 h. 5. last cited , and all the transcripts of writs for elections recorded in cl. 2 h. 5. dors . 16. cl . 3 h. 5. dors . 15. cl . 4 h. 5. dors . 18. cl . 5 h. 5. dors . 11. cl . 7. h. 5. d. 9. cl . 8 h. 5. d. 2. cl . 9 h. 5. d. 13. cl . 1 h. 6. d. 22. cl . 2. h. 6. d. 18. cl . 3. h. 6. d. 9. cl . 4. h. 6. d. 15. cl . 5 h. 6. d. 4. cl . 7. h. 6. d. 2. agree in substance and form with the last recited writs of 1 h. 5. therefore i shall not repeat any of them , but refer you to their perusal in these rolls . yet after the statute of 8 h. 6. c. 7. touching elections of knights , made upon the commons petition to the king and lords , entred in the parliament roll of 8 h 6. num . 57. the form of the writs for ●…lections was somewhat altered and enlarged , yet without any ses form or alteration prescribed by that parliament or statute , as is evideut by the clause rolls of 9 h. 6. dors . 28. 10 h. 6. dors . 16. 11 h. 6. d. 10. 12 h. 6. d. 2. 13 h. 6. d. 18. 18 h. 6. d. 33. 20 h. 6. d. 27. et 23 h. 6. d. 21. and the bundles and retorns of the writs , an . 11 , 13 , 20 h. 6. which all accord in this ensuing form of 23 h. 6. which i shall only here insert . rex vic. kanc. salutem . quia pro quibusdam , &c. teste , ut supra usque ibi : et tunc sic : cum praelatis , magnatibus , et proceribus dicti regni nostri colloquiū habere volumus et tractatum . ac in stat . nostro in parl. apud west : ( so the writ in 9 h. 6. but those in 10 h. 6. and after ) apud westm. an. regni nostri 8. tento edito , inter caetera provisum et ordinatum , existit . quod milites com. infra regnum . nostrum angl. eligend . ad veniond . in parl . ex tunc tenend . eligantur in quolibet com. per homines in eodem com. commorantes et residentes , quorum quilibet habeat liberum tenement . ad valorem quadraginta solidorum peran . ad minus , ultra reprisas , et quod illi qui eligendi fuerint sint similiter in eisdem com. commorantes et residentes ; quodque illi qui habuerint majorem numerum ipsor . qui quadraginta solidos per an . ac ultra expendere possunt , ut praedict . est , per vicecom . cujuslibet com. per indenturas inter ipsos vicecom . et praefatos electores inde conficiend . sigiliatas , milites pro parl. returnentur . et quod quilibet vic. angliae habeat potestatem autoritate parliamenti praedicti , examinandi super sacra dei evangelia quemlibet hujusmodi electorem , quantum per annum expendere possit . et si aliquis vic. milites de veniendo ad parliamentum in contrarium ordinationis praedictae retornaverit , habeant * justic. ad assisas in sessionibus suis assisarum , potestatem autoritate supradicta de et super hoc inquisitionem capiendi , per quam si id coram eisdem justiciariis comperi & vicecomes inde debite convinci contigerit , tunc idem vic. paenā cent . librarum nobis solvend . incurrat , et imprisonetur per unum annum absque traditione in ballium , aut manucaptione . et quod milites pro parliamento nostro in contrarium ordinatione praedicta retornati vadia sua perdent , prout in statuto praedicto plenius continetur . tibi praecipimus firmiter injungentes , quod facta proclamatione in prox . com. tuo post receptionem hujus brevi●… tenend . de die et loco praedictis , duos milites gladiis cinctos , magis idoneos et discretos com. praedicti , et de qualibet civitate com. illius duos cives , et de quolibet burgo duos burgenses de discretioribus et magis sufficientibus , libere et indifferenter , per illos qui proclamationi interfuerint , juxta formam statuti praedicti , ac cujusdam alterius statuti inde dudum editi et provisi eligi , et nomina eorundem militum , civium et burgensium sic eligend . in quibusdam indenturis inter te et illos , qui hujusmodi electioni intersuerint inde conficiend . sive hujusmodi eligendi praesentes fuerint vel absentes , inseri , eosque ad dictos diem et locum venire sac . ita quod iidem milites plenam et sufficient . potestatem pro se et commun . com. illius , ac dicti cives et burgenses pro se et communitatibus civitatum et burgorum praedictorum , divisim ab ipsis habeant , ad faciend . et consentiend . hiis quae tune ibidem de communi consilio dicti regni nostri savente domino contigerit ordinari super negotiis antedictis . ita quod pro defectu potestatis hujusmodi , seu propter improvidam electionem militum civium aut burgensium praedictorum , dicta negotia infecta non remaneant quovis modo . nolumus autem quod tu , aut aliquis alius vicecomes dicti regni nostri aliqualiter sit electns . et electionem tuam in pleno com. tuo factam distinctè et apertè sub sigillis tui et sigillis eorum qui electioni illi interfuerint nobis in cancellariam nostram ad dictos diem et locum certifices indilatè , remittens nobis alteram partem indenturarum praedictarum praesentibus consutam una cum hoc breve . teste rege apud westm. 12 die januar. consimilia brevia diriguntur singulis vic. ang●… : sub eadem data . rex vic. london salutem . quia , &c. ut supra . consimilia brevia diriguntur vic. subscriptis mutatis mutandis sub eadem data , viz. vicecomitibus civitatis eborum pro 2. civibus eligend . vic. villae novi castri super tynam pro 2. burgensibus eligend . vic. villae de k●…ngstone super hull pro 2. burgensibus eligend . vic. civitatis norwici pro 2. civibus eligend . vic. civitatis linc. pro 2. civibus eligend . by this writ of 26 h. 6. ( agreeing with former writs ) here transcribed at large , you may observe , that it differs onely from the last recited in the rehearsal of the statute of 8 h. 6. and from the precedent writs by the recital of the statute of 7 h. 4. that since these acts the qualification of the persons is , that the knights and persons elected be only gladiis cinctos , magis idoneos & discretos , & similiter in eisdem com. commorantes & residentes , &c. that all elections must be made liberè & indifferenter , &c. as these writs and acts prescribe , prohibiting no officers or professions of men , whether lawyers or others , to be elected , but only sheriffs , in the nolumus autem , &c. in the parliament of 23 h. 6. c. 15. there was upon the commons petition another new statute made concerning elections of knights , whereupon in the next writs of summons clause anno 25 h. 6. m. 24. dorso it was inserted into the writs , agreeing verbatim with the last forecited writ , except only in this statutes recital thus inserted . rex vic. kanc. salutem . quia , &c. ut supra in the last recited to plenius continetur : and then , ac insuper in statuto nostro apud west . ultimo tento edito inter caetera ordinatum existat , quod milites com. pro parliamento ex tunc eligend . milites notabiles de eisdem com. pro quibus sic eligentur , seu saltem notabiles armigeri , hominesve generosi de natu , eorundem com. ou●… habiles sunt milites fieri , et nullus homo de gradu valettae et gradu inferiori de essendo milites hujusmodi existant , prout in eodem statuto plenius continetur . tibi praecipimus firmiter injungentes , &c. verbatim as in the last recited writ , t. rege apud westm. 14 die dec. per ●…m regem & consil : suum , to the end . consimilia brevia follow to the sheriffs of counties , cities , and boroughs , as in it . this statute and writ puts a greater restriction in relation to the knights of counties qualities , abilities , sufficiences than any before , to prevent the elections of persons of mean quality , and estates , which the vulgar rabble of people in those leveling times were overmuch enclined unto ; which form continued in all succeeding parliaments under henry the sixth , and edward the fourth , with little or no variation , as the clause rolls evidence wherein they are recorded , viz. 27 h. 6. d. 24. 28 h. 6. d. 26. 29 h. 6. d. 41. 31 h. 6. d. 36. 33 h 6. d. 36. 38 h. 6. d. 30. 49 h. 6. d. 6. 1 ed. 4. d. 35. 2 e. 4. d. 3. 6 e. 4. d. 1. 12 e. 4. d. 21. 22 , & 23 e. 4 , d. 10. there are only two bundles of writs for elections and their returns under king edward the fourth remaining in the tower of london , anno 7 & 12 e. 4. agreeing in form and substance with the last recited writs , and their retorns and indentures with those forementioned in 1 h 5. which those who please may peruse at leasure , being over-tedious and superfluous to transcribe at large . the ordinary forms of the writs , retorns , and indentures of this kind used after those in the tower ( ending with king edward the fourth ) and continued till the last parliament of king charles are these , which i shall present you with out of mr. crompton his jurisdictions of courts , f. 1 , 2. elizabetha regina , &c. vic. n. &c. salut . quia de avisamento & assensu consilii nostri pro quibusdam arduis & urgentibus negotiis , nos , statum , & defensionem regni nostri angliae , & ecclesiae anglicanae , concernent . quoddam parlialiamentum nostrum ad civitatem nostram west . duodecimo die novembris prox . futur . teneri ordinavimus , & ibid. cum praelatis , magnatibus & procer . dicti regni nostri colloquium habere & tract . tibi praecipimus firmiter injungentes , quod facta proclamac . in prox . comitat . tuo post receptionem hujus brevis nostri tenend . die & loco praedict . duos milites gladiis cinctos magis idoneos & discretos comit . praedicti , & de qualib . civitate com . illius duos cives , & de quolibet burgo duos burgenses de discretioribus & magis sufficientibus libere & indifferenter per illos qui proclam . hujusmodi interfuerint juxta forma statutorum inde edit . & provis . eligi , & nomina eorundum milit . civium & burgens . sic electorum in quibusdam indentur , inter te et illos qui hujusmodi electioni interfuerint , inde conficiend . sive hujusmodi electi praesentes fuerint vel absentes , inseri : cosque ad dict . diem & locum venire fac . ita quod iidem milites plenam & sufficientem potestatem pro se & communitate comit . praedicti ; ac dicti cives & burgenses pro se & communitat . civitatum & burgorum praedictorum divisim ab ipsis habeant , ad faciendum & consentiendum hiis quae tunc ibid. de communi consilio dicti regni nostri ( favente deo ) contigerint ordinari super negotiis ante-dictis : ita quod pro defectu potestatis hujusmodi , seu propter improvidam electionem militum , civium & burgensium praedictorum , dicta negotia infecta non remaneant quovismodo . nolumus autem quod tu , nec aliquis alius vic . dicti reg . nostri aliqualiter sit electus . et electionem illam in pleno comitatu factam , distincte & aperte sub sigillo tuo , & sigillis eorum qui electioni illi interfuerint , nobis in cancellar , nostram ad dict . diem & locum certifices indilatè , remittens nobis alteram partem indenturarum praedictarum presaentibus consut . una cum hoc breve . teste me ipsa apud westmonasterium decimo octavo die saptembris anno regni nostri xxx . h. a. gerrard . retorn de vicount sur cest brief . virtute istius brevis eligi feci duos milit . gladiis cinctos magis idoneos & discretos de comitat . meo viz. w. f. & v. s , qui plenam & sufficientem potestatem pro se & communitate comitat . praedicti habeant , ad faciendum & consentiendum iis quae ad diem & locum infra contentos de communi consilio regni angliae ordinari contigerint : & praedicti w. f. & v. s. manucapti sunt per i. p. v. b. i. d. & r. n. ad essendum ad parliamentum dominae reginae apud westmonast . ad diem infra contentum , ad faciendum quod hoc breve in se exigit & requirit . li. int. f. 595. feci etiam praeceptum virtute hujus brevis i. b. & a. s. ballivis libertatis villae de g. in comitat . meo , quod de eodem burgo eligi facerent , duos burgenses de discretioribus & magis sufficientibus quod sint ad parliamentum dictae dominae reginae ad diem & locum infra content . ad faciendum & consentiendum ●…t praedictum est , qui quidem ballivi sic mibi respondent ; quod eligi fecerunt de praedicto burgo de g. duos bu●…g . discretos & magis sufficientes ad essend . ad parliamentum praedictum , viz. r. p. & g. i. ad faciendum & consentiendum ut supradictum est . virtute etiam istius brevis ad proximum comi●…at . meum post receptionem ejusdem , tentum apud v. tali die & anno in pleno comitatuillo proclamari feci omnia in isto brevi contenta , secundam formam & effectum hujus brevis , prout hoc breve in se exigit & requirit . residuum vero executionis istius brevis patet in quibusdam indent . huic brevi consut . li. intr. 595. haec indentura facta tali die & anno inter g. a. armig . vic . comitatus n. ex una parte , & i. b. & i. d. &c. ex altera parte testatur , quod secundum formam brevis huic indent . consut . fact . proclam . in pleno comitatu meo tento apud g. tali die & anno praedicti i. b. i. d. & alii qui procl . praedictae in pleno comitat . praedict . interfuerunt , secundum formam statutorum in brevi praedicto specificatorum & secundum exigen . brovis illius eligerunt w. f. & v. s. milites , gladiis cinctos , pro comitatu praedicto , ad essendum ad parliamentum in eodem brevi specific . qui plenam & sufficientem potestatem pro se et communitate comitatus praedicti habeant , ad faciendum & consentiendum prout breve illud in se exigit & requirit . in cujus rei testimonium , partes praedictae his indenturis sigilla sua alternatim apposuerunt . datum tali die & ann●… . plo. 120. g. a. armig . vic . autiel indenture serra fait inter vicount et burgesses de d. sur election de lour burgesses , &c mutatis mutandis . i have here given you the exactest , fullest , clearest account of all the several forms and varieties of writs for electing knights of counties , citizens and burgesses for our parliaments , and great councils , and of their retorns extant in our records , ever yet presented to the world , hitherto unacquainted with most of them , of which our greatest antiquaries have been in some measure ignorant : i shall now close up this section with 2. m●…morable rare records in the parliaments of 18 & 38 h. 6. touching the elections of knights , not impertinent to my purpose , and worthy publication . the first of them i find * thus recorded , rot. parl. an. 18 h. 6. m. 13. n. 18. memorandum quod pro eo quod 16 die novembris , anno praesenti , lecto coram rege & dominis spiritualibus & temporalibus in parliamento praedicto tunc existentibus , & per illos plenius intellecto retorno ejusdem brevis ipsius domini regis gilberto hore , nuper vic. cantebr . pro electione duorum militum inter alia , qui ad parliamentum praedictum pro com. praedicto venire debuissent juxta formam in eodem breve specificatam faciend . directi , satis evidenter constabat tunc ibidem , quibusdam certis de causis in eodem returno specificatis , nullos milites ad veniend . ad parliamentum praedictum pro eodem comitatu pretextu brevis praedicti ●…ctos aliqualiter extitisse ; per ipsum dominum regem de avisamento et assensu eorundem dominorum spiritualium et temporalium consideratum ●…t ordinatum fuit tunc ibidem , quod per quoddam aliud breve ipsius domini regis de data dicti prioris brevis , vic. com. praedicti detur specialiter in mandatis . quod ipse facta proclamatione in prox . comitatu suo infra dictum com. cantebr . post receptionem brevis illius tenend . de die & loco tentionis parliamenti praedicti , electionem duorum militum gladiis cinctorum , ac omnia alia in eodem continenda juxta formam ejusdem brevis faciat & exequatur . et quod idem vicecomes antequam ad hujusmodi electionem procedat , publicè in eodem com. proclamari & inhiberi faciat , ne aliqua persona tunc ibidene armata , seu modo guerrino arraiata ad electionem illam accedat , nec quicquam quod in perturbatienem pacis ipsius . domini regis seu electionis illius cedere valea●… ibidem , vel alibi faciat vel attemptet , nec quod aliqua persona se de electione illa intromittat , nec vocem suam in electione illa , tantummodo excepta persona quae vocem in hujusmodi electione infra com. praedictum facienda juxta formam statuti in eoslem brevi specificati habere debeat , dare praesumat quovis modo sub periculo incumbenti , ac sub paena imprisonamenti corporis sui ad voluntatem ipsius domini regis . et idem vicec . personas quae praemissa seu aliquod praemissorum in aliquo contemnere praesumpserint , prisonae ipsius domini regis mancipet & committat in eadem salvo & secure custodiend . quosque idem dominus rexpro earum deliberatione , aliter duxerit demandand . from which memorable writ i shall observe , 1. that the sheriff of a county after his writ for electing knights of the shire received and proclaimed , may justly refuse to proceed to th●… election , in case any souldiers or others armed with weapons , and arrayed in warlike manner resort unto it , to interrupt or disturb the election : and that this being retorned is a good excuse for the sheriffs not electing the knights ? 2ly . that the king and lords in that age were sole iudges of the retorns of sheriffs upon writs for elections , of the legality of them , and the elections made upon them ( as i have * elsewhere largely evidenced by records ) not the commons house . 3ly . that they alone ( not the commons ) gave order for new writs for electing knights and burgesses when , or where there was cause , and directions how to make them , as in this case and others . 4ly . that the sheriff was here specially directed , to make publick proclam . before the writ for election of knights for the shire , was read , to prohibit any person whatsoever to resort to the election armed , or arrayed in warlike manner , or to do any thing in disturbance of the kings peace , or of the election ; and that no person should interpose , meddle with or give his voyce in the election in any kind , but such who had a lawfull right to do it according to the form of the statute . 5ly . that if any person resorted to it armed , or did any thing that might either disturb the kings peace , or election , or intermeddle therein , or gave his voyce who had no voyce by law , that the sheriff should forthwith imprison him for his offence , in the kings prison , till the king himself give order for his release . which i conceive all sheriffs may still do in like cases by vertue of the statute of 3 edw. 1. c. 5. concerning the freedoms of elections , which enacts and commands , upon great forfeiture , that no great man , nor other by force of arms , or menacing , shall disturb any to make free election . and if none may disturb the freedom of elections by armed force ; much less may they interrupt the members from sitting in the house , or disturb them in the freedom of their debates , when elected , assembled in parliament ; under greater penalties and forfeitures . the second is thus enrolled , rot. parl. an 38 h. 6. n. 11. to the king our soveraign lord , meekly beseeching your true liegemen , sheriffs of the shires of this your noble realm that were of the years past passed ; where it pleased your highness to command divers of your said beseechers , by your honourable letters of privy seal to proceed to election of their several shires of knights of shires for this your present parliament , for the good & hasty speed thereof , please it your noble grace to ordain , and to grant by assent of your lords spiritual and temporal , and by the commons assembled in this present parliament by authority of the same ; that all elections of knights of your seid shires in such wise chosen , and by your said beseechers retorned , be as good and effectual as any election of knights , by any of your seid shires made or done by vertue of your seid writ or writs to every of your seid beseechers direct . and that your seid beseechers and their under-sheriffs and clarks , and every of them , be quite and discharged against your liege-people , of the penalties and forfeitures that they or eny of them be fellyn , or may be chargeable , by force of a statute made the 23 year of your noble reign , as for occupying or exercising their seid office longer than a year for every maner elections of knights , as well by force of your writs , as by force of your letters of privy-seal , as otherwise , and for retorns of the same , and for all maner retorns of citizens and burgesses in their several shires for this present parliament , by every of them retorned before the last day of this present parliament . provided alway , that by this act they nor none of them be excused or discharged of eny other offence or thing done by them in eny of their seyd offices . alway forseyn that no man be amerced for eny suyt begon by him against eny of your seyd beseechers to recover the seyd penalties for eny occupation of the seyd office for the premises . le roy le voet . the occasion of this petition and act then passed is thus expressed in the printed statute of 39 h. 6. c. 1. that divers knights of counties , citizens , and burgesses were named , retorned , & accepted in this parliament of 38 h. 6. some of them without any due or free election , others without any election at all , against the course of the kings laws , and the liberties of the commons of this realm , ( by vertue of the kings letters of privy●…eal without any free election : ) and that by the means & labours of divers seditious , and evil-disposed persons , only to destroy certain of the great faithfull lords and nobles , and other faithfull liege-people of the realm , out of hatred , malice , & greedy , unsatiable covetousness , to gain their lands , inheritances , offices and estates . for which undue elections , the sheriffs being purposely kept longer in their offices than they otherwise should have been , and fearing to be exemplarily punished by actions upon the statute brought against them , thereupon they petitioned the king , and procured this act of parl. for them and their under-sheriffs present and future indemnities for these illegal elections , and retorns of persons unduly elected , or nominated by the king alone , without any election by the people ; for which misdemeanor of theirs , this whole parliament , and all acts made therein were repealed and made void the very next year and parliament following , 39 h. 6. c. 1. from whence i shall observe , 1. that no sheriffs or officers , can be secured , in . dempnified against undue elections , and retorns of knights , citizens , and burgesses , nominated to them by the king , or any others , but only by act of parliament . 2. that such undue elections & retorns as these are usually made by the procurement and labour of seditious , and evil-disposed persons , out of malice , hatred , or insatiable covetousness , and for pernitious ends and designs . 3ly . that parliaments unduly elected , and packed by policy or power , prove alwaies abortive , and are repealed , as void and pernitious in conclusion ; of which we have seen pregnant instances in this and other late parliaments , worthy our saddest considerations . vsefull observations in and from the precedent section . from these recited writs , i conceive it to be most clearly and satisfactorily evidenced , 1. that there were no knights , citizens , or burgesses elected and summoned by writs to our great councils , and parliaments before 49 h. 3. which i shall here further demonstrate by these punctual , irrefragable testimonies , presidents and records under his reign , till this very year , a anno 1221. ( the 5 of henry 3d. ) convenerunt magnates angliae ad regem apud westmonasterium , ut de negotiis regni tractarent : after which the king having suppressed the welsh the same year , and built a strong castle at montgomery , disbanded his army , concedentibus magnatibus de quolibet scuto duo marcas argenti b anno 1223. ( the 7th . of his reign . ) rex henricus in octavis epiphaniae apud londonias veniens cum baronibus ad colloquium , requisitus est ab archiepiscopo cantuariensi & magnatibus aliis , ut libertates , & liberas consuetudines , pro quibus guerra mota suit , contra patrom suum confirmaret c anno 1224. ( 8 h. 3. ) per idem tempus convenerunt ad colloquium in octavis sanctae trinitatis apud nor●…amptonam , rex cum archiepiscopis , episcopis , comitibus , baronibus , & aliis multis , ( lords , peers , and others of his counsel ) de regni negotiis tractaturi , voluit enim rex uti consilio magnatum suorum de terris transmarinis , quas rex francorum paulatim occupaverat , d anno 1229. ( 9 h. 3. ) the king demanding advice , and an ayd of the fifteenth part of his peoples goods to recover his forrein territories ; archiepiscopus & concio tota ( apud westm. ) episcoporum , comitum et baronum , abbatum & priorum habita deliberatione , regi dedere responsum , quod regiis petitioibus gratanter adquiescerent , si illis diu petitas libertates concedere voluisset . whereupon he granted and confirmed the great charter . e the same year , martio mense , convenerunt apud westmonasterium ad colloquium rex angliae cum magnatibus suis , ubi rex sententialiter jussit diffinire , quid de proditore suo falcatio suit agendum . proceres vero in hoc pariter consenserunt , eo quod patri suo multis fideliter servierat annis , ne de vita periclitaretur vel membris , sed ut angliam aeternaliter abjuraret , omnes communiter addixerunt , which was accordingly executed forthwith . f anno 1226. ( 10 h. 3. ) venit interea terminus concilii ad festum sancti hillarii apud westm. praesixus , ubi rex cum clero & magnatibus regni comparere debuerat , ut domini papae mandatum audiret , &c. they meeting again the same year after easter , rex convocatis seorsum praelatis , & quibusdam magnatibus , hoc archiepiscopo dedit responsum , &c. g anno 1229. ( 13 h. 3. ) fecit rex conveni●… apud westm. dominica qua contatur misericordia domini , archiepiscopos , episcopos , abbates , priores , templarios , hospitilarios , comites , barones , ecclesiarum rectores , et qui de eo tenebant in capite , ( but no knights of counties , citizens , and burgesses we read of ) ut audirent negotia memorata of stephen●…ho ●…ho popes chaplain , and nuncio , demanding an ayd against the emperour from england . ) et de rerum exigentiis communiter tractarent ibidem . ( h ) anno 1231. ( 15 h. 3. ) convenerunt ad colloquium apud westm. rex cum praelatis et aliis magnatibus regni , &c. the king this year intending to mary the king of scots daughter , indignantibus comitibus et baronibus suis unmersis , because hubert who was chief iustice had maried the eldest daughter , he thereupon desisted from his purpose . i anno 1232. convenerunt nonas martii ad colloquium apud westm. ad vocationem regis , magnates angliae tam laici quam praelati , &c. comes cestriae ranulphus pro magnatibus aliis loquens , &c. after which the same year , convenerunt apud lambiam ad colloquium in exaltatione sanctae crucis coram rege , episcopi , & alii ecclesiarum praelati , cum proceribus regni . ubi concessa est regi , &c. quadragesima pars rerum mobilium ab episcopis , abbatibus , priorribus , clericis & laicis , ficut ea habuerunt in frugibus tunc congregatis in autumno , anno regni ejusdem regis 16. the writ for collecting it ( which is memorable ) recites , k sciatis quod archiepiscopi , episcopi , abbates , priores , & clerici terras habentes qui ad ecclesias suas non pertinent ; comites , barons , milltes , liberi homines et villani de regno nostro concesserunt nobis in auxilium 40. partem omnium mobilium suorum apparentium , &c. yet w●…e read of no milites , liberi tenentes , or villani ; but only episcopi & ecclefiarum praelati ; cum procerbus regni , summoned to this parliamentarie convention ; whose grant of this ayde , is said to be the grant of all the clergie , knights , freemen , and villains of the realm too ; yet we never read that villains were members of parliament , or the commons house in any age : l anno 1233. ( 17 h. 3. ) rex missis literis vocavit omnes de regno comites & barones ad colloquium , ut venirent apud oxoniam ad festum sancti johannis . sed ipsi noluerunt ad ejus mandatum venire , tum propter insidias alienigaenarum , tum propter indignationem , quam conceperant adversus regem , qui extraneos ob eorundem baronum vocavit contemptum , &c. after which the same year , cum comites ac barones angliae in magno militiae apparatu londonias tenderent ad colloquium , calend. augusti sibi praefixum , &c. venerunt autem ad colloquium praedictum comes cestriae , &c. cum aliis comitibus et baronibus multis ; sed nihil ibi actum fuit propter absent●…am comitis marescalli , & gilberti de basset , et quorundam aliorum absentiam magnatum . after which the same year , m erat interea rex apud westm. ad colloquium 7 idus octob. sicut magnatibus promiserat , , ut per eorum consilium emendaret ea , quae in regno erant corrigenda : the bishops being there likewise present . n an. 12●…4 . ( 18 h. 3. ) rex anglorum venit ad colloquium apud westm. in purificatione beatae mariae , &c. after that , convenerunt ad colloquium dominica prima in passione domini ( 5 to idus aprilis ) apud westm. rex cum comitibus & baronibus , et archiepiscopus cum suis su●…fraganeis , ut regno perturbato salubriter providerent : o anno 1236. ( 20 h. 3. ) the archbishop , cum episcopis , magnatibus , nobilibus , & praelatis , were present at londan at the kings marriage ; which festivitie ended , rex venit mertoniam , utibi revocati magnates , audito recenti imperatoris mandato , unà cum rege de regni negotiis contrectarent . audiens autem rex simul & magnates ibi congregati , praehabita deliberationis responderunt , &c. then reciting the statutes there made . item concessit dominus rex ex consensu magnatum , quod de caetero non currant usurae contra minorem , &c. cap. 9. rogaverunt omnes episcopi magnates , ut consentirent , quod nati ante matrimonium essent legitimi , sicut illi qui nati sunt post matrimonium , quantum ad successionem haereditariam , quia ecclesia tales habet pro legitimis , et omnes comites et barones responderunt una voce ( without any knights , citizens , burgesses or commons , that wee read of ) quod nolunt leges angliae mutare , quae bucusque usitatae sunt et approbatae . and cap. 11. quia magnates petierunt , &c. mentions only the nobles without any commons . the q same year 4 kalend maii , congregati sunt magnates angliae londini ad colloquium , de negotiis regni tractaturi . after which , congregati sunt apud wintoniam magnates angliae praesente rege , sexto idus junii ; ubi rex nitebatur , &c. anno quoque eodem rex suorum consilio fretus magnatum iter versus eboracum maturavit , ut consilio fultus majorum regni , provideret qualiter discordia inter ipsum et regem scotiae alexandrum , quae jam in odium excreverat , penitus sedaretur , &c. r anno 1237. ( 21 h. 3. ) rex henricus misit continuo per omnes fines angliae scripta regalia , praecipiens omnibus ad regnum angliae spectantibus , videlicet , archiepiscopis , abbatibus , & prioribus installatis , comitibus & baronibus ( but to no knights of shires , citizens or burgesses , we read of ) ut omnes sine omissione in octavis epiphaniae londoniis convenirent , regia negotia tractaturi totum regnum contingentia . quod audientes magnates , regiis praeceptis continuo paruerunt . venit igitur die sancti hilarii londonias infinita nobilium multitudo , scilicet regni totalis universitas , &c there being no mention of any commons , but only of the nobles magnatum & baronum , in the debates and transactions of this grand council : after which the same year , rex asseruit in colloquio , ad quod etiam ex longinquo nobiles convocaverat , cum juramento , &c. who granted him an ayd secundum provisionem magnatum expendendum . s eodem anno scripsit rex omnibus magnatibus suis , ut coram eo et domino legato in festo exaltationis sanctae crucis eboracum convenirent , de arduis negotiis regnum contingentibus tractaturi : where a peace and league was concluded between him and the king of scots . t anno 1238. ( 22 h. 3. ) convenerunt magnates die statuto londini , super his diligenter tractaturi , &c. ibi igitur post multas multorum deceptationes se subjecit rex quorundam provisioni de gravioribus viris , jurans se eorum provisioni adquiesceret . quod et factum est , et in scriptum redactum , & appensa sunt tam legati , quam aliorum magnatum sigilla , omnibus in communi manifestanda . u anno 1239. ( 23 h. 3. ) comites , barones , & alii magnates angliae , writ and sent a letter to the pope against his encroachments on their advowsons , presented to him by robert de twinge , ex parte magnatum angliae , who returned an answer to it beginning thus ; gregorius episcopus , &c. dilectis filiis nobilibus viris r. comiti pictavtae & cornubiae , & baronibus angliae : x anno 1240. ( 24 h. 3. ) congregati sunt londi●…i archiepiscopi & episcopi , cum multis aliis magnatibus , praesente etiam legato , reponentes querimoniam coram rege in curia sua , super variis injuriis et oppressionibus , et quotidianis desolationibus illatis ecclesiae , per iniquum regis confilium , contra suas cartas , et juramenta temerè veniendo , &c. ejusdem anni spatio convenerunt apud radingum omnes angliae archiepiscopi , episcopi , et majores abbates , et quidam magnates regni , papalo mandatum à domino legato explicandū , audituri , &c. comes vero ricardus & alii magnates crucesignati ibidem existentes , &c. anno 1242. ( 26 h. 3. ) scripsit rex anglorum omnibus regni sui magnatibus , archiepiscopis , episcopis , abbatibus , prioribus , comitibus & baronibus , ( without mentioning any knights , citizens , burgesses or commons ) districtè praecipiens , ut omnes generaliter londinum die martis ante purificationem beatae virginis convenirent de arduis negotiis regni , dilationem non capientibus , cum summa deliberatione tractaturi . imminente vero purificatione beatae mariae , totius angliae nobilitas tam praelatorum , quam comitum et baronum , secundum regium praeceptum , est londini congregatum , &c. responderunt magnates , cum magna cordium amaritudine , &c. there being no mention of any commons , knights , citizens , or burgesses therein ( though writ in the margin : convocatur generale parliamentum londini , &c. ) postea verò , ne oblivio tenorem responsionis baronum deleret , in scriptum taliter sunt haec redacta . cum dominus eboracensis archiepiscopus , et omnes episcopi angliae , abbates et priores per se , vel per procuratores suos , necnon et omnes comiteg et ferè omnes barones angliae , ad mandatum domini regis convenissent apud westm. &c. anno dom. 1242. regni henrici 3. regis 26. audituri domini regis voluntatem et negotium , pro quo ipsos mandaverat . et idem dominus rex , &c. per eosdem solennes nuncios omnes magnates de regno suo rogasset de consilio ei dando et auxilio faciendo , &c. tandem dicti episcopi , abbates et priores , comites et barones , magno inter eos tractatu praehabito , in primis domino regi per praedictos magnates dederunt consilium , &c. et cum dicti magnates nuncii istud domino regi nunciassent responsum , redeuntes ad barnagium , dixerunt , quod in parte sufficiens dederunt domino regi responsum . z anno 1244. ( 28 h. 3. ) convenerunt regia submonitione convocati londinum magnates totius regni , archiepiscopi , episcopi , abbates , priores , & comites & barones ; ( without knights , citizens , burgesses or commons ) in quo concilio petiit rex ore proprio , in praesentia magnatum , auxilium sibi fieri pecuniare , &c. recedentesque magnates de refectorio , convenerunt archiepiscopi , & episcopi , abbates & priores seorsim per se super hoc diligenter tractaruri . tandem requisiti ex parte eorum comites & barones , si vellent suis consiliis unanimiter consentire in responfione et provisione super hiis facienda ? qui responderunt , quod sine commnni universitate nihil facerent : whereupon the spiritual and temporal lords appointing a committee , agreed in an answer and ordinance ; there being no mention of any but of these magnatum , magnates , magnatibus , et praelatis , in all the passages of this parliamentary council , which are large and notable . a the same year , convenientibus autem iterum magnatibus cum praelatis generaliter londini , a die purificationis beatae mariae in tres septimanas . concilium super praedictis negotiis et tractatum habuerunt diligentem : where they granting the king an ayde to marrie his daughter of xx 8. upon every knights fee , upon condition to ratifie the great charter ; cum novisset martinus nuncius domini papae , quod magnates angliae regiae contributioni generaliter consensissent , inhiabat avidius ad negotium suum ad quod missus fuerat consummandum , &c. after which the same year , b rex edicto publicè proposito , & summonitione generaliter facta , fecit notificare per totam angliam , ut quilibet baro tenens de rege in capite , haberet prompta & parata regali praecepto omnia servitia militaria , quae ei debentur , tam episcopi et abbates , quam laici barones : congregata igitur universitate totius angliae nobilium apud novum castrum super fluvium thynam , tractatum est diligenter , super tam arduo negotio ( concerning the differences and an accord between alexander king of scots and king henry ) concilio habito circa assumptionem beatae mariae diligentissimo : where peace was concluded between the kings , and ratified by the charter of the king of scots , and the seals of his prelates , earls and barons . the same year c in crastino omnium animarum convenientes magnates angliae , rex cùm instantissimè , ne dic●…m impudentissimè auxilium pecuniare ab eis iterum postularet , toties laesi et illusi contradixerunt ei unanimiter et uno ore in facie . d anno 1246. ( 30 h. 3. ) rex missis , literis suis totius regni magnates convocavit , ut londini die qua cantatur , letare hierusalem , de statu regni generaliter convenirent tractaturi . on which day , edicto regio convocata convenit ad parliamentum generalissimum totius regni anglicani totalis nobilitas londini , videlicet praelatorum , tam abbatum & priorum , quàm episcoporum , comitum quoque & baronum ( without any mention or intimation of knights , citixens . burgesses , commoners ) ut de statu regni jam vacillante , efficaciter , prout exigit urgens necessitas , consulerent . convenientibus igitur ad parliamentum memoratum totius regni magnatibus , in primis aggressus est , dominus rex ore proprio episcopos per se , posteà verò comites & barones , deinde autem abbates & priores ; videlicet , super his pro quibus miserat nuncios suos solennes ad concilium lugdunense : then shewing them the oppressions and grievances of the church and realm of england by the pope , drawn into articles ; which they all consented unto : the bishops by themselves , the abb●…s by themselves , the earls , nobles , and barons by themselves , in their own names , and in the name of all the clergy and people of england , and the king by himself , writ several letters to the pope and cardinals for their redress . the king in the mean time sending forth prohibitions under his seal to all the bishops , e not to pay any tax or tallage to the pope ; contra provisionem per magnates nostros tam praelatos quàm comites & barones factam in concilio nostro londinensi , &c. after which , die translationis beati thomae martyris , habitum est magnum concilium inter regem et regni magnates apud wintoniam ; where receiving the popes answer to their messengers sent to the council of lyons , touching their grievances , and his carriage towards them , haec autem cum audisset dominus rex cum magnatibus suis , commotus est vehementer et meritò , &c. anno 1247. ( 31 h. 3. ) f urgente mandato papali redivivo , de importabili contributione , &c. fecit dominus rex magnates suos , necnon et angliae archidiaconos ( but no knights , citizens or burgesses ) per scripta su●… regia londinum convocari . quo cum pervenissent die praefixo , episcopi omnes sese gratis absentarunt , ne viderentur propriis factis eminus adversari . in crastino igitur purificationis beatae mariae , dominus rex cum suis magnatibus tractatum habens diligentem , per plures consilium urgens dies protelavit . at last they sent letters to the pope in the name of all the clergy and people of england for redress of their grievances . the same year , h dominus rex comperiens regnum suum enormiter periclitari , jussit omnem totins regni nobilitatem convocari , ut de statu ipsius tàm mani●…è periclitantis , oxoniis &c. diligenter contrectarent . praelatos áutem maxime ad hoc parliamentum vocavit arctius . after which ; scripsit rex omnibus regni sui magnatibus ut in festo sancti edwardi , omnes ibidem convenirent : die igitur praefixo convenientes magnates apud we●…m . there was a christal vessel of the blo●…d of christ presented & shewed to them sent from hierusalem , which the king bestowed on st. peters at westminster . i anno 1248. ( 32 h. 3. in octavis purificationis edicto regio convocata totius regni angli●… nobilitas , convenit londini , ut de regni negotiis nimis perturbati , & depauperati , & de temporibus nostris enormiter mutilati , diligenter & efficaciter simul , cum domino rege contrectaret . advenerunt igi●…r , illuc , excepta baronum , militum nobilium , nec non & abbatum , priorum , & glericorum , multitudine copiosa , novem episcopi , cum totidem comitibus , ( there named . ) et cum proposuisset dominus rex , ( non enim propositum suum latuit universitatem ) pecuniare auxilium postulare , redargutus est graviter super hoc , &c. quia quando in ultima tali exactione cui nobiles angliae vix consenserunt , confecit cartam suam , quod amplius talem non faceret magnatibus suis injuriam & gravamen , &c. k anno 1249. ( 33 h. 3. ) dominus rex ad jam solitas cavillationes romanas recurrens , cum non posset omnes congregatos regni nobiles ad consensum flectere , singulos ad se vocans , vel unicuique scribens , affatus est eos impudenter supplicando , &c. the same year , ad clausum paschae convenerunt magnates angliae , prout condictum fuerat cis londini , ut quod rex saepè promiserat , eisdem saltem tunc adimpleret : but by reason of earl richards voluntary absence nothing was effected . et sic magnates delusi ad propria remearunt . l anno 1252. ( 35 h. 3. ) convenerunt velut ex edicto regio convocati londini totius angliae praelati serè universi & magnates ; of whom he desired a tenth of all ecclesiastical livings granted unto him by the pope ; which all the bishops joyntly and severally opposed : soluto igitur cum regis , cleri , & magnatum indignatione consilio . afterwards , convocatis denno , dominus rex dptimatibus suis , qui suo impetui primo restiterunt , convenit eos de negotio vasconiae , quid agendum ? cui responderunt magnates , &c. solutum est igitur concilium , rege hinc inde tam contra magnates , quam contra praelatos , ira succensus vehementi . there being no mention nor intimation of any knights , citizens , burgesses or commons present in it . n anno 1253 ( 36 h. 3. ) in quindena paschae mense aprili tota edicto regio convocata angliae nobilitas convenit londini , de arduis regni negotiis simul cum rege tractatura . extiterunt igitur ibidem cum comitibus & baronibus , archiepiscopus cantuariensis , & episcopi angliae ferè omnes . archiepiscopus verò eboracensis , qui in quantum potest regis concilia vitare consuevit , quia expertua ea frequenter esse vana , excusavit se , ●…erens se esse remotum & senem . pro cestrensi autem absente valetudo manifesta allegavit . in this parliament th●… great charter was confirmed , and a solemn excommunication denounced by all the bishops against the infringers thereof . o anno 1254. ( 38 h. 3. ) congregati iterum angliae magnates londini . quibus significavit rex , quod pecunia indigebat , &c. responderunt autem omnes & singuli , &c. magnates edocti , regis muscipulas praecaverunt . p anno 1255. ( 39 h. 3. ) in quindena paschae , quae vulgali●… hokeday appellatur , convenerunt londini omnes nobiles angliae viri ecclefiastici , quam seculares , ita quòd nunquam tam populosa multitudo ibi anteà visa fuerat congregata . libi dominus rex se multis debitis conquestus est fuisse implicatum , nec se posse sine magnatum suorum efficaci juvamine liberari , &c. inito igitur consilio , &c. quia illud nullo modo suisset tollerabile , inter eos concessum est , quòd multum sese gravarent pro magnae chartae sine omni cavillatione observatione ex tunc & deinceps , quam , &c. quia nesciebant praelati vel magnates quo modo suum prothea , scilicet regem tenerent , &c. nobiles pro imminenti exactione , in cordibus sauciabantur , &c. q anno 1255. ( 39 h. 3. ) ad festum sancti edwardi , fuerunt apud westmonasterium omnes ferè angliae magnates : inter quos prius rex alloquebatur fratrem suum comitem cornubiae richardum , petens ab eo instantissimè auxilium pecuniare , &c. comes autem nec preces regis , nec papae voluit exaudire , & eo maximè , quod negotium eundi in apuliam assumpsit sine consilio suo & assensu baronagii sui , &c. rex itaque , ad consuetas conversus cavillationes , ut magnates flecteret ad cons●…sum , per multos dies negotium parliamenti distulit inchoati , ita ut usque in mensem fictis occasionibus negotium protelaret . et tunc a●… alium locum conciliaturos , evacuatis in civitate london . crumenis , potius provocavit , quàm convocavit , &c. et sic infecto negotio singuli provocati , ad propria remearunt , r anno 1257. ( 41 h. 3. ) in media quadragesima factum est magnum parliamentum , &c. adierant autem ad dictum parliamentum , comes gloverniae richardus , dominus johannes mansel , novus in regem electus alemanniae comes ricardus , universitati angliae valedicturus . extitit enim ibidem tota ferè angliae nobilitas . sciendum quod in memorato parliamento generalissimo , fuerunt sex archiepiscopi , videlicet cantuariensis , eboracensis , dublanensis , messanensis , qui opimas à singulis ecclesiia recepit procurationes . et tarentiuus appulus , qui venerat ad infatuandum regem super negotio apuliae , the sixts he forgets to name : but he mentions no knights , citizens , burgesses or commons present in , or summoned to this most general parliament . s anno 1258. ( 42 h. 3. ) post die martis , quae vulgaliter hokedaio appellatur , factum est parliamentum londini . rex namque multis & arduis negotiis sollicitabatur , &c. exigit insuper pecuniam insinitam , &c. doluit igitur nobilitas regni , se unius hominis , ita confundi supina simplicitate , &c. in crastino autem & diebus sequentibus , habuerunt diligentem tractatum rex & magnates , quomodo conterrerent wallensium tam intollerabilem cum irruptionibus suis crebris insolentiam . submonetur igitur generaliter tota angliae militia , ut omnes qui tenentur ad servitia militaria dom●…no regi , sint prompti & parati sequi regem profecturum in walliam , cum equis & armis , die lunae ante nativitatem b. johannis baptistae apud cestriam , &c. eodemque tempore cum instanter & constanter respondissent magnates regni communiter regi , qui cum magna instantia in memorato parliamento urgenter pecuniam insinitam sibi dari postulasset , pro negotio apuliae expediendo , & aliis arduis promovendis , quod nullo modo potuerunt sine eorum irrestaurabili subversione toties inaniter substantiolas suas usque ad exinanitionem effundere , &c. cum constanter & praecisè respondissent quasi uno ore magnates regni in parliamento regi , cum urgenter ab eis postulasset auxilium pecuniare , quòd nec voluerunt , nec potuerunt amplius sustinere tales extortiones . rex iratus , ad alia se conuertit aslutiae argumenta , &c. duravit adhuc praelibati parliamenti altercatio inter regem & regni magnates , usque diem dominicam proximam post ascensionem , & multiplicabantur contra regem variae diatim querimoniae , &c. et quia nesciebant adhuc magnates quomodo suum prothea tenere voluissent , quia arduum fuerat negotium & difficile , dilatum est parliamentum usque ad festum sancti barnabae apud oxoniam diligen ter celebrandum . interim optimates angliae fibi praecaventes & providentes , consoederati sunt , &c. t instante vero festo sancti barnabae apostoli , magnates et nobiles terrae ad parliamentum quod oxoniae tenendum suit , properabant , praeceperuntque omnibus , qui eisdem servitium militare debuerant , quatenus cum ipsis venirent parati , veluti ad corpora sua contra hostiles insoltus defensuri , &c. parliamento autem incipiente , solidabatur magnatum propositum & confilium immutabile , &c. in all the debates and transactions of this parliament recited at large in our historians , there is no mention of any knights , citizens , burgesses , commons , but only of comites , magnates , barones , nobiles , who acted and spake all , who are stiled universitas regni , and the statutes and ordinances they made at oxford , statuta baronum ; to which the londiners and others assented : u cirea festum sancti leonardi tale iniit consilium universitas baronagii quod tunc londinierat . x anno 1259. ( 42 h. 3 ) fuit rex ad natale domini londini , ubi magna sollicitudine tractatum est inter nobiles regni , quomodo conservato suo salubri proposito , satisfacerent defiderio regis richardi de alemannia , &c. proposuerunt igitur magnates accipere juramentum ab ipso rege aleman . antequam applicuisset , ne regno angliae quomodolibet noceret , vel provisionem communem impediret , comes autem legriae simon , non sine multoram admiratione , in partibus adhuc transmarinis morabatur . unde in magna parte suit consilium baronagii mutilatum , &c. in crastino autem intraverunt magnates angliae capitulum cantuariense , where king richard took a solemne oath before them , which they prescribed and administred to him . in octavis purificationis , congregati sunt nobiles angliae londini , prous inter se prius condixerant , &c. over against which is printed in the margin , parliamentum londini habitum . after which the historian informs us , william de hortuna was sent into scotland , negotia enim ardua sed secreta regi & reginae , as scotioe magnatibus , sibi injuncta fuerunt , ex parte regis & reginae & magnatium angliae . quicum illo●… veniret , regem scotiae & reginam , & regni magnates , ibi ad parliameutum in v●…nit , prout desideravit , congregatos , &c. by which it is evident , that in this age the king , queen , and nobles of england and scotland , constituted and made up the parliaments of both kingdoms , without any elected knights of shires , citizens or burgesses , introduced in succeeding times . the same year , z circa kalend. apr. ex praecepto et consilio domini regis angliae et totius baronagii , arripuerunt iter transmarinum ad parliamentum magnum regis francorum tenendum in francia pro pluribus arduis negotiis regna franciae & angliae , de resignatione normanniae et literas credentiae , &c. magnates vero angliae statutis quae inceperant salubriter intendebant , ad malas consuetudines , injurias et corruptelas amodo delendas , omnino assidui et confederati , a anno 1265. ( 49 h. 3. ) after the battel of evesham , wherein the barons were slaine and routed , on the nativity of our ladie , septemb. 8. rex potestati regiae restitutus , de consilio filii victoris wintoniam parliamentum convocavit , ubi consilio inito , civitatem londinensem ob suam rebellionem privavit suis privilegiis & libertatibus antiquis , capitaneos etiam factionis contra regem , juxta voluntatem ejus plectendos jubet carceri mancipari : rex et regni proceres writes matthew westminster ) apud winton : ordinarunt , quod ditiores civitatis londinensis in carcerem truderentur , quod cives antiquis libertatibus privarentur , et quod stipites et cathenae quibus civitas fuerat roborata , de medio tollerentur , pro eo quod simoni de monteforti , comiti leicestriae in regis contemptum , et etiam damnum regni , fortiter adhaeserunt : quo totum factumest . by all these historical passages in matthew paris , rishanger his continuer , and mat. westminster , it is most apparent beyond contradiction , that as there were many writs of summons under k. henry 3. to parliamentarie councils issued to the spiritual and temporal lords before 49 h. 3. not extant in the clause rolls , or other records : so there were no knights of shires , citizens , burgesses or commons elected or summoned by writ or charter to these great councils or parliaments during all the reign of king henry the 〈◊〉 . until the parliament held at london in octabis sancti hillarii , the 49. year of his reign , when they were first elected , & summoned by writ , for ought appears by historie or record ; there being none but the archbishops , bishops , abbots , priors , earls , nobles , barons , spiritual and temporal lords of the realm , summoned to , consulting , acting , debating , ordering , enacting lawes or ordinances , or granting , refusing aydes , subsidies , or expostulating with the king or pope in any of them ; as all these transcribed passages evidence , with the records of claus. 18 h. 3. m. 10. vic. lincoln , claus. 19 h. 3 m. 20. cited in my epistle before the first part of this brief register , kalendar and survey ; and those of 48 h. 3. here cited , p. 4. to 10. to which i shall superadde for further confirmation of this truth , claus. 18 h. 3 m. 27. rex majori et civibus suis dublin , &c. where the king reciting the death of the earl marshal slain in ireland ; subjoyns : nos vero ea occasione convocavimus archiepiscopos , episcopos , comites , barones , et omnes magnates nostros angliae , quod sint ad nos apud london die dominica prox . post instante●… mediam quadragesimam , ad tractandum nobiscum ibidem super hiis & aliis statum nostrum , & terrae nostrae angliae & hiberniae tangentibus ; & nos domino concedente de consilio praedictorum ibidem providebimus secundum quod nobis , et indempnitati t●…rrae nostrae angliae & hiberniae viderimus expedire . quod verò ad diem illum actum fuerit et provisum , vobis sine mora & dispendio et significari curabim●… . t. rege apud westm. 27 die martii . plac. 18 h. 3. rot . 15. dorso : claus. 19 h. 3. dorso 1. & dorso 9. fitzberbert darrein presentment , 23. provisum est coram domino rege , archtepiscopis , episcopis , comitibus & baronibus , & consilio domini regis , quod nulla assisa ultimae praesentationis de caetero capiatur de ecclesiiis praebendatis , nec de praebendis , &c. pat. 20 h. 3. d. 13. 18. rex vic. norff. & suff. scias , quod die merc. in crastino sancti vinc. in curia nostra coram nobis et coram venerabili patre e. cantuar. archiepiscopo , & coepiscopis sul●… , et coram majori parte comitum et baronum nostrorum angliae , pro communi utilitate totius regni nostri provisum suit , tam à praedictis archiepiscopis , episcopis , comitibus & baronibus , quàm à nobis con●…ssum , quod de caetero , omnes viduae , &c. r●…citing the statute of merton made that year , according to the c printed latin prologue thereof : claus. 37 h. 3. dorso 9. de magna carta tenenda ad in●…antiam p●…latorum & magnatum regm nostri , &c. and claus. 43 h. 3. dors . 9. where the pope by his letters earnestly pressing king henry the 3d to restore his brother adomar to his bishoprick of winchester , being enforced to relinquish it and england too by the barons prosecution ; the king in his letter to the pope there recorded , alleged , that though he was readie to gra●…fie his holiness in any thing he might ; yet he could not consent to adomars restitution . adding , your nuntio who brought this letter , preces et praecepta vestra coram nobis & praelatis regni nostri , qui tunc nobiscum aderant , ac alia universitate comitum , baronum ac procerume regni nostri , plenè et diligenter exposuit , et diebus pluribus nitebamur nos , consilium nostrum , et universitatem praedictam ; to give their assents for adomars restitution . tamen mandatis hujusmodi , quod non solum personam nostram , verum etiam universitatem regni nostri contingit , non possumus absque gravi dispendio , et subversione jurium et consuetudinum regni ejusdem , et contra juramentum proprium , adimplere . et quanquam hoc facere vellemus , praedicta universitas in hac parte , quae unius confilii et voluntatis existit , propter graves et notabiles excessus praedicto fratri nostro objectas id nullatenus sustineret , &c. which passages , with others in this memorable letter of the kings , compared with that letter sent about the same time by the lords against adomars restitution , to the pope , ex parte regni et totius angliae universitata , scriptum a barnagio ; mentioned by d matthew paris , anno 1258. and printed in his additamenta , p. 215 , 216 , 217. beginning thus ; sanctissimo patri in christo alexandro , &c. communitas comitum , procerum , magnatum , aliorumque regni angli●… , &c. re●…iting , that the king by the popes power and assistance could not without their counsel and assent , much lesse against their wills , effect what he desired ; nor reform his kingdom , but de procerum & magnatum suorum consilio : caeterum praefatus dominus rex attendens impossibile pondus negotii memorati et statum regni sui imbecillum , voluit et expressè concessit , ut de procerum & magnatum consilio ( sinè quibus regnum suum gubernare non poterat , nec negotium prosequi memoratum ) dicta reformatio promoveret : which adomar , breaking his oath , and receding from his promises , opposed , to the great disturbance , and almost total subversion of the whole realm , &c. his unbrideled rapines , tyrannies and opp●…ssions ( which they there expres●… at large ) being such , and rendring him so odious , that scituri pro certo , quod etiamsi dominus rex & regni majores , ( assembled in a parliamentary councill ) hoc vellent , communitas tamen ( out of parliament ) ipsius ingressum in angliam jam nullatenus sustineret . which letter was subscribed and sealed by 6. earls , and 4. noblemen , vice totius communitatis ( barnagit ) in testimonium praedictorum : being likewise compared with the popes answer thereunto ; e literae papales missae communitati angliae , alexander episcopu●… , &c. dilectis filiis , nobilibus uiris , consiliariis charissimi in christo filii nostri illustris regis angliae , ac caeteris proceribus et magnatibus regni angiiae , salutem , et apostolicam benedictionem , &c. will infallibly evidence . first , that the king , prelats , earls , spiritual , temporal barons , and nobles of the realm , were our only parliament members , without any knights , citizens or burgesses annexed to , or pr●…t with them , before 49 h. 3. 2ly . that they were then usually stiled the communitas , or universitas regni , or barnagii , baronagii , or communitas comitum procerum et magnatum regni anggliae ; and only intended , denoted by these titles and phrases , not the knights , citizens , burgesses or commons in parl. as e sir rob cotton , and others of note , as well as some injudicious antiquaries have mistaken : which having g elsewhere at large evinced beyond all contradiction , i shall not here further insist upon ; but proceed to some other general observations on the precedent writs . 2ly . from the manifold varieties and differences of these recited writs both of election and prorogation before and since the statutes of henry 4. 5 , & 6. touching elections , the readers may discern the gross oversight and mistake of sir edward cook in his 4. institutes , p. 10. that these writs of summons and election can receive no alteration but by act of parliament : which having elsewhere touched , and at large refuted , register part 1. p. 395. 396 , 397. i shall prosecute no further . 3ly . i shall observe from the precedent writs , that no persons ought of right to be elected knights of any county , nor citizens , burgesses , or barons of any city , borough or port wherein they are elected , but such as are real , actual members of the said respective counties , cities , boroughs , ports , residing , or inhabiting within them , as this clause in all the recited writs ; de comitatu tuo duos milites , et de qualibet civitate duos milites , et de quolibet burgo duos burgenses , & de quolibet portu duos barones , &c. de discretioribus & ad laborandum potentioribus eligi &c. clearly import , and the statutes of 7 h. 4. c. 15. 1 h. 5. c. 1. 10 h. 6. c. 2. 23 h. 6. c. 15. ( being declaratory only in this point ) most punctually enact in precise terms : and if any other persons who are no inhabitants , or residents within , or proper members of such counties , cities , boroughs , ports be elected or returned , they may lawfully refuse to sit or serve , as the writs and these statutes clearly evidence , without the least contempt or penalty , the peoples election of such , contrary to the writs and these statutes , being void in law , and unable to contradict . or reverse the writ , acts to the contrary if insisted on . 4ly . these usual claus●…s in most , writs de discretioribus , et ad laborandum potentioribus seclude and exempt all infants under age , ideots , lunaticks , insi●…m , aged , sickly persons , unable to travell , sit , counsell , advise , and discharge their trusts , from being elected knights , citizens , burgesses or barons of ports ; and if any such be elected , returned by the oversight , imprudence , improvidence of the electors , they may and ought to be discharged by the king and lords , an●… others by new writs issued , elected , returned in their places , who are able to advise , travel , and discharge their duties , as the writs and statutes enjoyn them ; impotency , sickness , and inability in members elected , being as just a ground to discharge any knight , citizen , burgess or baron of the ports from serving in parliaments , as to discharge the speaker of the commons house , as is evident by the forecited writs , presidents , and * returns of sheriffs in 2●… . e. 1. by the resolution of the parliament it self in 38. h. 8. brook●… parliament 7. against sir edward cooks groundless fancie to the contrary , institutes 4. p. 8. there being the self-same reason and law too in both cases . 5. that the election of an●… sheriff of a countie whiles he continues in his 〈◊〉 , for a ●…night , citizen , burgesse , in his own or any other county , is void and illegal , being against the express provision of the ordinance of parliament , 46 e. 3. the very inhibition and words of the writs for election , h some presidents before that ordinance ; and the * resolution of the lords and judges in starchamber 5. caroli , in the case of i mr. walter long , elected and returned a citizen for the city of bath in somersetshire , an. 3 car. whiles he was sheriff of the county of wilts ; who thereupon comming forth of the county against his oath and trust , and sitting as a member in the house during his shrievaltie , was sentenced in the starchamber to be committed prisoner to the tower during ●…is majesties pleasure , to pay a fine of 2000 marks to the king , and further to make ●…is humble submission and acknowledgement of ●…is offence , both in the court of starchamber , and to his majesty , before his enlargement ●…nce : which was accordingly executed . yet notwithstanding i sinde in the very statute of 34 & 35 h. 8. ch . 24. for assurance of certain lands to john hind serjeant at law and his heirs , paying x l. yearly to the charges and wages of the knights of the parliament of cambridgshire for the time being , for ever ; that edward north knight , sheriff of the said shire , was one of the two knights for the said shire that very parliament wherein this act was passed , and he and thomas ruds●…ne esq his companion , and their successors knights of the said county , incorporated and made one body politick ; together with the sheriff of the said county for the time being , by the name of wardens of the fees and wages of the knights of the shire of cambridge , chosen for the parl. and to have perpetual succession , to implead , sue for and receive the said x l. annnual rent , and that he received his share therein , when both sheriff and knight of the shire , to his own use , for his fees & wages that parliament , til a new election of knights of that county for the parl. next ensuing it . and * sir edward cooke informs us , that at the parliament holden 1 car. rs. the sheriff for the county of buckingham ( being then himself ) was chosen knight for the county of norfolk , and reterned into the chancery , and ●…aving a subpaena out of the chancery served upon him at the sute of the lady c. pendente parliamento , upon motion , he had the privilege of parl. allowed unto him by the judgement of the whole house of com , mons : though i finde not that he then sate in the house during his shrievalty . 6. that amongst the writs of summons to parliament in cl. 23 e. 1. dors . 9. 25 e. 1. d , 6. 30 e. 1. d. 12 , 35 e. 1 d , 13. 1 e. 2. d. 8. 11. 3 e. 2. d. 17. 11 e. 3. pars 1. d. 15. 32 e 3. dors . 14. there are no writs for electing knights , citizens , or burgesses entred with the rest ; most likely by the negligence of the clerks , there being vacant space in some of them left for their entries : and the original writs themselves being all or most of them retorned into the chancery , and there reserved in distinct bundles by themselves with the sherifs returns upon them ( now for the most part lost , mislayed , perished or imbezelled ) made them ( perchance ) more careless to enter them , than the writs to the spiritual and temporal lords , issued personally to themselves alone , and not returnable by them or the sheriffs , as the writs for elections usually were ; which writs , ( as the statutes of 5 r. 2. ch . 4. & 23 h. 6. c. 15. inform us ) sometimes the sheriffs have not returned , but the said writs have embesyled ; and moreover made no precepts to mayors and bailiffs for the election of citizens and bu●…gesses to come to the parliament , by colour of these words conteined in the said writs , quod in pleno comimitatu tuo eligi facias pro comitatu tuo , duos milites , & pro qualibet civitate in com. tuo , duos cives ; & pro quolibet burgo in com. tuo , duos burgenses ; the reason why some of these writs are missing in some extant bundles , and some cities and boroughs in those returned , now and then omitted in the sheriffs returns , ( indorsed on or annexed to them ) as the subsequent table will visibly demonstrate . 7ly . that before the statutes of 7 h. 4. c. 15. 11 h. 4. c. 1. 1 h. 5. c. 1. 6 h. 6. c. 4. 8 h. 6. c. 7. 10 h. 6. c. 2. 23 h. 6. c. 15. 9 h. 8. c. 16. 27 h. 8. c. 26. 34 h. 8. c. 13. 35 h. 8. c. 11. the kings of england had a very large and absolute power in limiting , prescribing in and by their writs to sheriffs , mayors , bay liffs and others , both the respective numbers , and likewise the qualifications of the knights , citizens , burgesses and barons of the ports , elected and returned to serve in the several parliaments and great councils summoned by them , sometimes commanding 4. most times only 2. knights , sometimes but one knight to be elected in each county , for the whole county ; sometimes prescribing the self-same knights , citizens , and burgesses that were elected , returned for the last precedent parliament , to be returned and summoned to the parliament next succeeding , if in life and able to travell ; and to elect new only in the places of such of them who were dead , sickly , or infirm ; other times summoning only the moiety of them , to perfect what they all had agreed , and been mistaken in : and also ordering new elections in the places of those who would not , or could not attend , or who were unduly elected , or chosen for 2. counties at once , ( as in case of the lord * cameyes and berners . ) sometimes prescribing 2. sometimes 4. citizens to be elected for london ; sometimes 4. other times 2. barons for every of the ports , and now and then but 2. barons for them all : and sometimes 2. other times but one citizen and burgesse for each city and borough : the number of which they increased or diminish'd , as they saw just cause , omitting now and then some cities , boroughs out of their writs of summons , formerly sending citizens , and burgesses to parliaments and great councils , and creating by their patents , writs , or both , new cities and boroughs , with power to send citizens and burgesses to parliaments and great councils , who never sent any before ; and creating other boroughs , cities , counties within themselves , and then issuing writs to their sheriffs , mayors , and immediate officers to make their elections and returns ; which formerly were issued only to , and made by the sheriffs of the counties , wherein they were situated ; as the precedent writs and returns with the two next sections will fully evidence : and that without the precedent votes , or subsequent consents of the commons house ; who from 49 h. 3. till 23 e. 4. and many years after , were never the immediate , sole or proper judges , desciders either of the undue elections , returns , numbers , or qualifications , of their own members or speakers , but our kings alone or their counsil and house of lords ; as the premises irrefragably evidence , and the presidents i have clted in my plea for the lords , p. 371. to 419. to which i shall refer the reader . 8. i shall for a close of my observations , give you this brief catalogue of the several cities and boroughs in each county of england , which sent citizens and burgesses to parliament , mentioned in the returns of the bundles of writs yet extant in the tower of london , an. 26 , 28 e. 1. & 42 e. 3. and in the clause rolls of 45 e. 3 m. 21. dors . omitting those in 2 , 10 , 11 , 13 , 16 r. 2. 1 , 3 , 8 , 9 h. 5. 1 , 2 , 3 , 6 , 11 , 13 , 20 h. 6. 7 & 12 e 4. by w●… you may clearly discern which are antient cities , boroughs , in the reigns of ed. 1. & 3. which new , and when each of them began to send citizens , burgesses to our parliaments ; which god willing i shall further clear hereafter in a distinct section , of the several forms and numbers of writs for levying the expences of knights , citizens and burgesses of parliament ; wherein i shall present you ( if it be deemed worthy my pains , and beneficial to posterity ) with an exact kalendar of the names of all the several knights of counties , citizens of cities , burgesses of boroughs , and barons of the ports , formerly elected and returned to our parliaments , and receiving wages , extant in the clause rolls and returns of the writs for their elections , and expences in the tower , not hitherto undertaken or collected by any man to my knowledge . the first figures signifie the years of each king mentioned in the table . bedford borough returned two burgesses to parliament anno 26 e. 1. 42 & 45 e. 3. reding 2. burgesses , 42 , & 45 e. 3. walingford 2. burgesses , 42 e 3. amersham 2. burgesses , 28 e. 1. wendover 2. burgesses , 28 e. 1. wycombe 2 burgesses , 28 e. 1. 42 & 45 e. 3. cambridge borough , 2. burgesses , 26 , 28 e. 1. 45 e. 3. none in ed. 1. or ed. 3. bodmin borough 2 burgesses , 26 e. 1. 42 , & 45 e. 3. dunbeued , alias lanceston , 2 burgesses , 26 e. 1. 42 & 45 e. 3. helston 2 burgesses , 26 e. 1. 42 e & 45 e. 3. lyscard 2 burgesses , 42 & 45 e. 3. lostwithiel 2 burgesses , 42 & 45 e. 3. trurou 26 e. 1. 42 & 45 e. 3. carelisle city two citizens , 42 & 45 e. 3. derby borough 2 burgesses , 26 , 28 e. 1. 42 e. 3. exeter city 2 citizens , 26 , 28 e. 1. 42 & 45 e. 3. ashperton borough 2 burgesses , 26 e. 1. bardnestaple 2 burgesses 26 , 28 e. 1. 42 & 45 e. 3. chessing-colleton 2 burgesses , 42 e. 3. dartmouth 42 & 45 e. 3. honeton 2 burgesses , 28 e. 1. lydeford 2 burgesses 28 e. 1. o●…mpton 2 burgesses 28 e. 1. plimpton 2 burgesses 26 e. 1. 42 & 45 e. 3. sutton 2 burgesses 26 e. 1. thavestoke 2 burgesses , 42 & 45 e. 3. totnes 2 burgesses , 26 , 28 e. 1. 42 & 45 e. 3. brideport 2 burgesses , 26 , 28 e. 1. 42 & 45 e. 3. dorcester 2 burgesses , 26 , 28 e. 1. 42 & 45 e. 3. lyme 2 burgesses 45 e. 3. melcombe 2 burgesses , 42 & 45 e. 3. poole 2 burgesses , 42 e. 3 , shaftesbury 2 burgesses , 26 e. 1. 45 e. 3. warham 2 burgesses , 42 & 45 e. 3. waymouth 2 burgesses , 42 e. 3. colecester 2 burgesses , 26 , 28 e. 1. 42 & 45 e. 3. maldon 2 burgesses , 42 & 45 e. 3. bristoll , 2 burgesses , 26 , 28 e. 1. 42 & 45 e. 3. after made a countie of it self . gloucester 2 burgesses , 26 , 28 e. 1. 42 & 45 e. 3. hereford city 2 citizens 26 , 28 e. 1. 42 & 45 e. 3. bewley 2 burgesses , 26 e. 1. leominster 2 burgesses , 26 , 28 e. 1. 42 & 45 e. 3. we●… 2. burgesses 28 e. 1. st. allans borough 2 burgesses 28 e. 1. hertford 2 burgesses , 26 , 28 e. 1. huntingdon borough 2. burgesses , 26 , 28 e. 1. 45 e. 3 canterbury city 2 citizens , 26 , 28 e. 1. 42 e. 3. rochester city 2 citizens , 26 , 28 e. 1. 42 e. 3. lancaster 2 burgesses 26 e. 1. preston in alderness 2 burgesses 26 e. 1. leicester borough 2 burgesses , 26 , 28 e. 1. 42. & 45 e. 3. lincolne city 2 citizens , 49 h. 3. 26 , 28 e. 1. 42 & 45 e. 3. grymesby 2 burgesses , 26 , 28 e. 1. 42 & 45 e. 3. stamford 2 burgesses , 26 e. 1. london 26 e. 1. 2 citizens , 42 e. 3. ( 4. citizens ) 45 e. 3. northampton 2 burgesses , 26 , 28 e. 1. 42 & 45 e. 3. norwich city , 2 citizens , 26 , 28 e. 1. 42 & 45 e. 3. jernemuth 2 burgesses , 26 , 28 e. 1. 42 & 45 e. 3. lenne 2 burgesses , 26 , 28 e. 1. 42 & 45 e. 3. newcastle upon tyne 2 burgesses , 26 e. 1. 45 e. 3. nottingham borough 2 burgesses , 26 , 28 e. 1. 42 e. 3. oxford borough 2 burgesses , 26 , 28 e. 1. 44 & 45 e. 3. bruges ( or bridgenorth ) borough 2 burgesses 28 e. 1. 45 e. 3. salop 2 burgesses , 26 , 28 e. 1. 45 e. 3. bath city 2 citizens , 26 , 28 e. 1. 42 & 45 e. [ whose return is likewise extant in the bundles of 3 , 10 , 11 , 13 , 16 r. 2. 1 , 7 , 8 , 9 , h. 5. 1 , 2 , 3 h. 6. & 12 e. 4. bridgewater borough 2 burgesses , 26 , 21 e. 1. 42 & 45 e. 3. iv●…ster 2 burgesses , 26 e. 1. milburne port 2 burgesses , 26 , 28 e. 1. taunton 2 burgesses , 26 , 28 e. 1. 42 & 45 e. 3. vvells 2 burgesses , 26 e. 1. 45 e. 3. [ cives . ] vvinchester city , 2 citizens , 26 , 28 e. 1. 42 & 45 e. 3. alesford 2 burgesses , 28 e. 1. basingstoke 2 burgesses , 28 e. 1. odeham 2 burgesses , 28 e. 1. ouertone 2 burgesses 28 e. 1. portesmouth 2 burgesses , 26 , 28 e. 1. 45 e. 3. southampton 2 burgesses , 26 , 28 e. 1. 45 e. 3. d●…nwich 2 burgesses , 26 , 28 e. 1. 42 & 45 e. 3. gyppeswich 2 burgesses , 26 , 28 e. 1. 42 & 45 e. 3. oreford 2 burgesses , 26 e. 1. newcastle under lyne 2 burgesses , 45 e. 3. stafford 2 burgesses , 26 , 28 e. 1. 42 & 45 e. 3. blechingleigh borough 2 burgesses , 26 , 28 e. 1. 42 & 45 e. 3. gildeford 2 burgesses 26 , 28 e. 1. 42 & 45 e. 3. ryegate 2 burgesses , 26 , 28 e. 1. 42 & 45 e. 3. southwerke 2 burgesses , 26 , 28 e. 1. 42 & 45 e 3. chichester city 2 citizens , 26 e. 1. 42 & 45 e. 3. arundel borough 2 burgesses , 42 & 45 e. 3. brembre 2 burgesses , 42 e. 3. east greenstead 2 burgesses , 42 & 45 e. 3. horsham 2 burgesses , 42 & 45 e. 3. lewes 2 burgesses , 26 e. 1. 42 & 45 e 3. midhurst 2 burgesses , 45 e. 3. seaford 2 burgesses , 26 e. 1. 45 e. 3. sh●…rham 2 burgesses , 26 e. 1. 42 & 45 e. 3. steining 2 burgesses 26 e. 1. 42 e. 3. coventre city , 2 citizens , 26 , 28 e 1. warwick borough 2 burgesses , 26 , 28 e. 1. 42 & 45 e. 3. apelby 2 burgesses , 26 , 28 e. 1. 42 & 42 e. 3. new sarum city 2 citizens , 26 , 28 e. 1. bedwine borough 2 burgesses , 42 e. 3. calne 2 burgesses 26 , 28 e. 1. chipenham 2 burgesses , 26 , 28 e. 1. devises 2 burgesses , 28 e. 1. 42 e. 3. dounton 2 burgesies , 26 , 28 e 1. ludgersale 2 burgesses 28 e. 1. merleburge 2 burgesses , 26 , 28 e. 1. 42 e. 3. malme●…bury 2 burgesses , 26 , 28 e. 1. 42 & 45 e. 3. old sarum 2 burgesses , 42 e. 3. wilton 2 burgesses 28 e. 1. 42 e. 3. worcester city 2 citizens , 26 , 28 e. 1. 42 & 45 e. 3. wych 2 burgesses , 26 , 28 e. 1. yorke city 2 citizens , 49 h. 3. 26 , 28 e. 1. 42 & 43 e. 3. aluerton 2 burgesses , 26 e. 1. beverlayco 2 burgesses , 26 e. 1. kingston upon hull 2 burgesses 42 & 45. e. 3. maldon 2 burgesses , 26 e. 1. pontefract 2 burgesses , 26 e. 1. scardeburgh 2 burgesses , 28 e. 1. 42 & 45 e. 3. i shall observe from these writs , and the forementioned retorns and table , 1. that the sheriff of buckingbamshire in anno 26 e. 1. retorns , nulli sunt cives nec burgenses in com. praedicto . nec burgus , &c. yet in 28 e. 1. but two years after , the sheriff thereof retorns 2. burgesses a plece , ( with 2. manucaptors for e-every of them ) for amersham , wycombe , wendover , e'ected for a former parliament that year : therefore it is probable the king first created them boroughs that very year : the like observation you may make upon the boroughs of all other counties where you meet with any retorns in 26 , 28 edw. 1. 42 edw. 3. or since , reciting , nulla est civitas vel burgus ; or non est alia civitas vel burgus , or non sunt alii burgi , in com. or balliva mea , then those he then retorned as such : there you may certainly resolve , that every city or borough omitted then out of those antient retorns and since retorned for cities or boroughs in subsequent retorns , were made cities and boroughs since that time ; and where you find any city or borough first mentioned in the sheriffs retorns yet extant , ( which are but 22. bundles in all before the end of edward 4. his reign , ) or in the writs in the clause rolls issued to them , de expensis civium & burgens●…um venientibus ad parliamentum , which are more by far than the bundles , ( as i shall hereafter god willing evidence in a peculiar section , ) you may probably , if not certainly , conclude , that it was first created a city , or borough , and enabled to send citizens or burgesses to parliament near that year , wherein you first find such mention of it in both or either of these records , and not before , as the precedent and ensuing table will more fully inform you . 2ly . you may clearly discern by this table , and the subsequent retorns of writs , anno 3 , 11 , 12 , 13. 16 r. 2. 1 , 3 , 8 , 9 h. 5. 1 , 2 , 3 , 6 , 11 , 13 , 20 h. 6. 7 , & e , 12 , 4. that some cities and boroughs , which send citizens and burgesses to parliament were oft times omitted out of the sheriffs retorns in antient times , and yet imprinted into subsequent retorns interpolatis vicibns ; now whether this was done by special direction from the king or his council , ( on whose arbitrary pleasure they depended ( before they had * special charters granted enabling them to send citizens and burgesses to all parliaments , to be afterwards held by the king , his heirs and successors kings of england ) or by the carelessnesse of the sheriffs in not issuing out warrants to or not retorning them ; which is most probable , as the stat. of 5 r. 2. parl. 2. c. 4. & 22 h. 6. c. 15 inform us , and therupon enacted , that if any sheriff of the realm be from thence forth negligent in making his retorns of writs of parliament , or that he leave out of the said retorns any cities , or boroughs which be bound , & of old times were wont to come to the parliament , he shall be punished in manner as was accustomed to be done in the said case in the said time past . and that every sheriff after delivering of the writ for elections to him , shall without fraud make and deliver a sufficient precept to the maiors and bayliffs of the cities and boroughs within his countie for electing citizens and burgesses , under the penalties therein mentioned . or whether they were thus omitted , through their own default in not demanding warrants from the sheriff●… , or not electing and retorning burgesses upon their warrants issued , ( to which many times the sheriffs retorned nullum mihi dederunt responsum , &c. ) i cannot certainly determine . 3ly . that some antient boroughs once or twice retorned heretofore in former times ( as lydeford in devonshire , and others ) have afterwards been totally omitted and discontinned , either by the kings mere pleasure , or upon their own petitions to the king , they being either unable or unwilling to bear the expences of their burgesses in coming to , continuing at , and returning from the parliament , which were constantly levyed heretofore by writs de expensis burgensium levandis , sued to them or the sheriffs a●…ter most parliaments ended by many burgesses of boroughs as well as by knights of shires , and citizens of cities , as i shall , ( if god say amen ) demonstrate at large in its due place , and shall hereno further insist upon . 4ly . that of late times some of these antient long-discontinued boroughs have been revived , and new writs or warrants for electing burgesses sent unto them , sometimes upon their own petitions ; now and then upon some courtiers petition to the king , in hopes by letters from the court and feasting or bribing the burgesses , to be elected , and retorned burgesses for the revived boroughs ; sometimes by motion or order of some members of the commons house who had a design to bring in some burgesses , and made sure of the burgesses voyces before hand ; the burgesses being now very willing to have their boroughs revived , because many times instead of giving wages to their burgesses , for their service in parliament as of old , they receive not only thanks , feasts , but rewards and boons , if not underhand bribes for their voyces , from their elected burgesses , who assure them before their choyce , they will neither expect nor exact any expences from them , which many of them scarce deserve , since they do neither them nor their country any service at all in parl. promoting only their own private interests or ends , or their friends . finally , though i shall readily subscribe to mr. littletons opinions , section 194. that the antient towns called boroughs , be the most antient towns that be within england , for the towns that now be c cities or counties , in old time were boroughs , and called boroughs ; for of such old towns called boroughs come the burgesses of the parliament , to the parliament , when the king hath summoned his parliament , which i shall further clear in the next sections ; yet i can by no means assent to mr. william lambard of d lincolns inne his judgement , ( though a learned antiquary ) or some others inferences thence , who thus argues . now as those written authorities do undoubtedly confirm , our assertion of this manner of parliament , so is there also an unwritten law or prescription , that doth no less infallibly uphold the same ; for it is well known that ln everie quarter of the realm●… a great many of boroughs do send their burgesses to the parliament , which are neverthelesse so antient , and so long since decayed ; and gone to nought , that it cannot be shewed , that they have been of any reputation , at any time since the conquest , and much lesse , that they haue obtained the privileges , by the grant of any king succeeding the same , so that the interest which they have in parliament groweth by an antient usage before the conquest , whereof they cannot shew any begining . which thing is also confirmed by contrarie usage in the self same thing . for it is likewise known , that they of antient demesn do prescribe , in not sending to the parliament ; for which reason also , they are neither contributors to the wages of knights there , neither are they bound to sundry acts of parliament , though the same be generally penned , and do make no exception of them . but there is no antient demesn , saving that only which is described in the book of domesday , under the title of terra regis , which of necessity must be such ; as either was in the hands of the conqueror himself , who made the book , or of edw. the confessor that was before him . and so again , if they of antient demesne have ever since the conquest , prescribed not to send burgesses to parliament , then no doubt there was a parliament before the conquest , to the vhich they of other places did send their burgesses . to which i answer , that this argument is fallacious , and no waies conclusive . for 1. these antient decayod burroughs that now in many places send burgesses to the parliament , were in no such great reputation at all at or before the conquest , as is ins●…uated , for ought appears by the book of dooms-day , or any other record or historie , but as mean and inconsiderable as now they are . 2ly . there is no historie or record , that any of these boroughs , whether decayed , or not decayed , yea though much enlarged , enrichd since the conquest , did ever send burgesses to any one parliament , either before or after the conquest , till 49 h. 3. and i challenge all the antiquaries in england to demonstrate the contrarie by history or records . 3ly . it is irrefragable by the forementioned returns of sheriffs , that all or most of those poor or decayed boroughs in cornwall , devonshire , wiltshire , southampton , sussex , and some other counties , did in 26 e. 1. and some years after , send no burgesses at all to our parliament ; as camelford , foway , grantpount , st. germins , st. ives , st. maries [ or maws ] st. michael , portlow , saltash , trebonny , tregony in cornwall , bearalston in devon , christchurch , newport , newtown , stockbridge , whitechurch , yermouth in the countie of southampton , midhurst and horsham in sussex , crickland , henden , old sarum , heytesbury , westbury , wotton basset in wiltshire ; with others in other counties , as the precedent table clearly demonstrates : all or most of them being enabled to send burgesses to parliament since the reign of edw. the 1. and not before : much less by prescription before the conquest , as m. lambard and others conceit ; and that percliance not by any special charters of our kings creating them boroughs or corporations , but by private directions of the king and counsil to the sheriffs of counties wherein they were , to issue out precepts to them to elect and retorn burgesses , when they saw any just cause ; not by antient usage or prescription before the conquest , which none of these boroughs ever yet pretended or insisted on , for ought i can find , upon my best inquiry after their original . 3ly . the antientest writs for knights wages extant , are those of 28 e. 1. rot. claus. dors . 3 , & 12 , & cl . 29 e. 1. dors . 17. 32 e. 1. dors . 3. and no records , histories or law-books i have seen , derive their original higher than the reign of king edward the first . the first statute concerning them is that of 12 r. 2. c. 12. ( on which the writ in the register is grounded ) which enacts only , that the levying of the expences of knights shall be , as hath been used before this time : the next statute of 11 h. 4. c. 1. enacts , that knights of shires unduly retorned shall lose their wages of the parliament of old time accustomed , ( not at or before the conquest accustomed . ) the first printed case concerning them in our lawbooks , is but in m. 12 h. 4. f. 3. a. fitzh . avowry 52. & br. 42. and the first * petitions in parliament concerning them , are those of 28 & 51 e. 3. yea no man can prove there were any knights for counties elected and sent to parliaments by the kings writs before 49 h. 3. therefore , the prescription to be discharged from contributing to their wages , cannot be extended higher than 49 h. 3. not to the reign of the conqueror , or before the conquest , as mr. lambard would strain it . 4ly . the writ in the register , part 1. f. 192. made after the statute of 12 r. 2. c. 12. to exempt the bishop of londons tenants at fulham , from contributing to the expences of the knights of middlesex , recites only ; quod licet ipsi & eorum antecessores , & praedecessores , expensis militum ad parliamenta nostra , vel progeuitorum nostrorum quondam regum angliae , pro communitate com. praedicti ante haec tempora venientium nullatenus solvere aut contribuere consueverunt . and one of the writs in the register , f. 261. b. vic. huntingdon , quod homines de antiquo dominico non contribuant expensis militum , begins thus . cum secundum consuetudinem in regno nostro augliae hactenus obtentam & approbatam , homines & tenentes de antiquo dominico coronae angliae , quieti sunt & esse debeant , a contributione expensarum militum ad parliamenta venientium : both which import only , that neither they nor their predecessors or ancestors , since knights were first sent to parliaments in 49 h. 3. or afterwards , were accustomed to contribute towards their expences , but exempted from the same : not that there were such knights who had wages , and that they were exempted from it , before the conquest : and that other form of the writ in the register , f. 261. a. touching tenants of antient demesn , quod licet ipsi & eorum a●…ecessores tenentes de eodem manerio , a tempore quo non extat memoria , semper hactenus quieti esse consueverunt de expensis militum ad parliamenta nostra vel progenitorum nostrorum regum angliae pro communitate dicti comitatus venientium , must have the self-same interpretation : or this at least which is equivalent to it . that time out of mind , before there were any knights of shires elected in the county , they were alwayes ●…ree from contributing to their wages , and never used to pay any such tax ; ( this presc●…iption will extend to all times before 49 h. 3. and the conquest it self : ) and since 49 h. 3. and the elections of knights of shires , they and their ancestors time out of mind , or , of old time ( as the statutes of 5 richard 2. cap. 4. 11 henry 4. cap. 1. express it ) have alwayes used to be quit from such expences of knights , and never charged with them . there are many prescriptions and customs in use in king edward the third his time , and since , which are said to be time out of mind , yet certainly they had their original not before , but long since the conquest , as you may read in brook●… , fitzherbert , and other law-books , title custome and prescription , and cooks 1 institutes , fol. 58. 113. that which hath been used , or prescribed in but for two or three ages only , or out of the memory or mind of men then living , being * reputed a legal custome or prescription , 34 henry 6. 36. br. prescription 6. therefore this prescription of tenants in antient demesn , to be exempt from contributing to knights wages , or not to send burgesses to the parliament , time out of mind , will no waies warrant mr. lambards conclusion thence . ergo , no doubt there was a parliament before the conquest , to which they of other places used to send their knights and burgesses . i am certain that at this day tenants in antient demesn , can plead , that both they and their ancestors time out of mind of man , were never accustomed to pay excise for any thing , for which excise is now generally demanded ; will it therefore follow ; ergo , all places else now subject to pay excise , were lyable to pay it before the conquest , when as it was first set on foot since 1642 ? if not , then mr. lambards argument is as great an inconsequence as it , seeing knights and burgesses of parliament began , not before the 49th . of henry the third , as i have evidenced : and were never heard of ( as he conceits ) before the conquest , which none of the authorities cited by him do satisfactorily evidence , and all histories , records from the conquest , till 49 henry the 3d. most clearly refute . i should now proceed to the 5th . section , of writs for electing knights , citizens and burgesses , issued to the earls , dukes , lieutenants , and chancellors of the dutchy of lancaster , the sheriffs of london , bristol , york , new-castle upon tine , norwich , lincoln , kingston upon hull , southampton , coventry , canterbury , and other towns made counties within themselves , after their severance from the shires in which they are situated : with some forms of their retorns , and usefull observations on them ; but the present exigence of our affairs , and strange vote of a few commoners , jan. 5. 1659. creating themselves a parliament without a king or house of lords , and adjudging , declaring above two hundred members to stand discharged from voting or sitting as members of this parliament , during this parliament ; and that writs do issue to elect new members in their places , behind their backs ( as being either afraid or ashamed to look them in the faces ) without naming any one of them , and that before the least legal accusation , hearing , trial or conviction whatsoever , of any delinquency , except only their loyalty , sincerity , fidelity to their king , country , the rights and privileges of parliament , constant adhering to their original trusts , oaths , protestation , covenant , vow , votes , ordinances , declarations , remonstrances , principles of piety , honesty , christianity , and abomination of all treachery , perjury , jesuitical practices , and destructive publick innovations , contrary to the expresse word of god , the fundamental laws , statutes and government of this realm , and the tenor of the writs and indentures wherby they were made members , which their secluders have violated , subverted in the highest degree , hath caused me to publish this chapter by it self ; wherin i have , as * elsewhere , made good to all the world , by records , presidents , judgements in parliament , law , reason , and divinity too , that the whole house of commons , in its greatest fulnesse freedom and power , nover hed any lawfull right or authority , upon full bearing , evidence , conviction , to expel any single member of the house for breach of trust , or other misdemeanor whatsoever ( no more than one judge , justice , commissioner , committee , or grand jury-man , to unjudge , uncommission , discharge or eject another , being all equals , equally intrusted by the people , and having no power of judicature over each other ) without the lords or kings consent , in whom the sole judicature in our parliaments resides ; much lesse then the tenth part of the commons house , ( sitting under a visible force , and keeping four times their number of members out by armed guards , which nulls all they vote or do ) to eject the majority of the house , order new elections of others in their places , and make them uncapable to be elected , by the meer club-law , of pellitur e medio sapientia , vi geritur res : which unparalell'd injustice neither these excluded members , nor yet the counties , cities and boroughs for whom they serve , nor the freeborn english nation , nor army-officers so lately disofficed , cashiered for ejecting the secluders , upon as good grounds , and by the same law of the longest sword they now make use of , * will patiently endure to their own and the nations infamy , the ruine of our parliaments constitution and privileges , if connived at in these times of sad distraction . i shall desire these forcible secluders , and voters of us out of the house , seriously to consider these passages of a a declaration of the lords and commons assembled in parliament , to which many of them were parties , in answer to his majesties declaration 23. october 1642. if the t●…uth was that the d●…my ( of the king ) is raised , to force some particular members of this parliament , to be delivered up , yet upon this ground would it follow , that the same is levied against the parliament : for we have often declared to his majestie and the world , that we were alwaies ready to receive any evidence or accusation against any of them , and to judge and punish them , according to their demerits ; yet hitherto no evidence produced , no accuser appearing , ( the case of the now secluded , ejected , disabled majority of the members ) and yet notwithstanding to raise an d●…my to compell the parliament to expose those members to the fury of those wicked counsellors , that thirst after nothing more than the ruine of them and the commonwealth ; what can be more evident , then that the same is levied against the parliament ? for , did they prevail in this , then by the same reason might they demand ( and these now sitting forcibly seclude and eject ) twenty more , and consequently , never rest satisfied , until their malice and tyranny did devour all those members they found crosse and opposite to their lewd and wicked designs ( as our secluders have done ) and so by depriving the parliament of their members , destroy the whole body . thus seconded in * the remonstrance of the lords and commons assembled in parliament , nov. 2. 1642. in answer to his majesties declaration . this is the doctrine of that declaration , 5. that his majesty , or any other person , may upon suggestion and pretence of treason , felony , or the breach of the peace , take the members of parliament out of either . house of parliament , without giving satisfaction to the house whereof they are members , of the grounds of such suggestion or accusation , and without and against their consent : so they may dismember a parliament when they please , and make it what they will , when they will : ( as our secluders have done , by voting and keeping out above 200. by meer force before accusation or heating ) and in their * declaration of august 4. 1642. wherewith i shall conclude . if the king ( by his army ) may force this parliament ( as our secluders have done ) they may bid farewell to all parliaments , for ever receiving good by them . and if parliaments be lost , they ( the people ) are lost , their laws are lost as well , ●…se late●…y made , as in former times , all which will be cut in sunder with the same sword now drawn for the destruction of this parliament ; as they are now by the forcible seclusion of the members by order and command of those now sitting . errata . page 8. l. 7. r. subortam , p. 22. l. 7. sustentari , l. 18. scire , p. 26. l. 7. comitum , p. 26. l. 4. et , de , p. 37. l. 6. posset , p. 50. l. 2. hertford , r. berks. p. 54. 28. extitit . p. 63 l. 31. r. 〈◊〉 wit. p. 79. l. 18. their , r. this . p. 83. l. 3 partium . p. 94. l. 12. et , per p 95. l. 2. 21 r. 27 e. 3. p. 119. l. 28. unreasonable , r. unanswerable . l. 33. a new writ for . p. 120. l. 26 et , 〈◊〉 . per. p. 121. l. 14. avun●…ulo . p , 122 , l. 15. 16 , r. 9 e 2. 〈◊〉 . 13. 7 h. 4 p. 126. l. 11. 1 , r. 7 h 4. p. 128. l. 126. brevi . p. 145. l. 26. baronis . p. 171. l. 13 , 14. imparred , r. i●…serted . finis . the miscellaneous works of william prynne , esquire , utter-barrester , of lincolnes inne . vol. xxiv . psalme 120. v. 5 , 6. my soule hath long dwelt with them , that are enemies unto peace : i labour for peace ; but when i speake unto them thereof , they make them ready to battle . london : printed for the author , and are to be sold by edward thomas , dwelling in green arbour . notes, typically marginal, from the original text notes for div a56204-e540 a deu●…r . 17. 2 , to 14. john 7. 51. acts 23. 30 , 35. c. 24. 8 , &c. c. 25. 16 , 17 , 18. magna charta c. 35. b acts 25. 27. c see the epistle to my speech , dec. 4. 1648. c luke 23 , 24. d 1 cor. 12 , 25 , 26. d mat. r●… . 31 , 32. notes for div a56204-e1720 a mr. william lambard his archaion . p. 242. to 273. mr. nathaniel bacon . b 4 inst. p. 12. 349. 1 instit. p. 110. 2 inst. p. 7 , 8. c page 18 , 19 , 20 , 40 , 85 , 87. d the prerogative of the parliament of england . p. 2 , 3. e the freeholders grand inquest . p. 12 , 13. f posthuma , p. 346 , 347 , 348. g titles of honor , p. 712. 713 , 717. h plea for the lords , p. 30 , to 35. 57 , to 128 , 203 , to 262. the supplement to it , p. 401. to 417. and epistle before the 1. part of the register , &c. * see mat. paris , p. 961. and the catalogue of barons in the london edition of him , 1640. after the table . cl. 48 h. 3. d. 3. * claus. 48 h. 3. d. 2. objection . answ. * the one 3. aprilis , the other 4. iunii , & 1 septemb. following after the wars ended and army dissolved , which preceeded this parliament . * pat. 6. johan . regis m 2. dorso . * convictus . feodi . a archaion , p. 261 , 262 , 263 , b see here , p. 2 , 3. c hist. angl. p. 201. d flores hist. pars 2. ann. 1204. p. 80. seldens titles of honor ' p. 707. * 7 e. 1. stat. of mortmain . see part 1. p. 383. e mat. paris , 247. f mat. paris , hist. angliae , p. 200 , 201 , 202. * see here , p. 4 , 5. * see mr. seldens titles of honor , p. 710. my plea for the lords , p. 374. h hist. angliae p. 224 , 229 , 230 , 231 , &c. * see here , p. p. 4 , 5. & part 1. p. 156. to 180. i see malmsbury de gestis regum , l. 2. c. 13. hoveden , wigorniensis , & bromton , anno 1051. & my plea for the lords , p. 308 , * see here , p. 5. aluredi regis lex 41 , 42. chron. johan . bromton , col . 825. forma directa magnatibus & vicom . angliae . * injungetis . k see mat. paris , mat. west . walsingham , polychronicon , polydor virgil , fabian , grafton , holinshed , speed and daniel , ann. 1261. & 45 h. 3. l claus. 45 h. 3. m. 5. dorso . * part. 1. p. 5. m see my plea for the lords , p. 379. m mat. westm. anno 1265. p. 340. my plea for the lords , p. 258 , 259. cl. 22 e. 1. m. 6. dorso . de militibus eligendis & mittendis ad consilium . pro rege de aliis militibus cum prioribus intendendis ut supra . de veniendo pro confirmatione magnae cartae . * see part 1. p. 9. * see 25 e. 1 , c. 1 , 2 , 3 , 4 , 5 , 6 , 7. * walsingham hist. angl. p. 35. to 42. * cl. 25 e. 1 m. 5. 3. dorso * claus. 25 e. 1. m. 3. dorso . de veniendo cum equis 8●… armis . oxon. london . nota. surr : sussex . wigorn. glouc. derby notingh . salop. stafford hereford roteland . westmerland . wyltes . lanc. lincoln . northumbr . nota. somersee . * see register part 1. p. 8. 113. to 126 , mat. westm , part 2. p. 407 , 408. tho. walsingham , hist. angl. p. 34 , 35 , 36 , * see brooke , fitzherbert , & ash. title , mainprise . de consilio sommonito . de militibus , civibus & burgensibus mittend . ad parliamentum regis . * quid fecerunt cantebrigg . lincoln . hertford suff. norff. warwic . nota. ebor. essex . surr : sutbton . wigorn. glouc. bucks . devon. hereford . salop. somers . northampt. * see cooks 2 instit. p. 540. de militibus mittendis usque ebor. pro magna carta & carta de foresta . de eligendo alium militem , * see mat. parisiensis additamenta , p. 215. such a kinde of writ as this , anno 42 h. 3. * see my plea for the lords , p. 389 , 390 , 391. quidam articuli liberati regi pro communitate regni . * see claus. 33 e. 1. m. 8. dorso . de petitionibus recipiendis : where 4 of the kings counsel are commanded & appointed by writ to receive all petitions that parliament . * see my plea for the lords , p. 263. to 268. de revocatione militum ad propria . * here , p. 69. * claus. 25 e. 2. m. 23. * see these ordinances in the parl. roll of 5 e. 2. which were afterwards reversed and nulled . * these being setled by former grants , rot. pat. 3. e. 1. m. 1. 9. and the statute of 25 e. 1. 6 , 7. lib. rub. scac. p. 256. cooks 2 instit. p. 630 , 631. nota. nota. * sec part. 1. p. 27 , 28. 177. 215. sec claus. e. 2. dors . 22. 31. * walsingham hist. angliae , p. 72. to 78. & other h●…rians in auno 5 e. 2. * claus. 4 e. 9. m. 43. dorso . see my plea for the lords . p. 376 , 327. * es ●…uires , not sergeants at saw . see 5 ii. 5. cap. 1. * part 1. p. 57. * not one 〈◊〉 of cornwall . no●… , * see here p. 41 , 42 , 43 , 44 , 45 , 47 , 48 , 49 , 54 , 56 , 59. westmerland . wiltes . cornub. berks. bucks . essex . glouc. kanc. leic. derbe . roteland . hertford . notyngham . warwycke . surr. & sussex . hereford . devon. oxon. bedford . somerset & dorset . lincolne norff. & suff. northt . wigorn. cumbr. southton . london . ebor. de venire faciend . milites , cives & burgenses apud wynton . see my epistle to the exact abridgment of the records in the tower. * esquires , not serjeants at law. see 23 h. 6. c. 15 22 e. 3. 18. a. 26 e. 3. 57. fitz. dtoit . 37. 25 e. 3. stat . 1. & the next writ of 47 e. 3. * an exact abridgment , p. 116. walfing . fabian , speed and others . * mere p. 114. mr. seldens titles of honor , p. 737. & my plea for the lords , p. 143. * see my table of the lords to my exact abridgement , title thomas camoyes . & part 1. of this registr . p. 272. see my plea for the lords , p. 384 , 385. ( a ) see my plea sor the lords , p. 144 , 145 , 146. b plea for 376 to 410. the lords , p. c hist. angl. p. 414. d 4 instit. p. 10. e 2 par. claus. m. dors . n. 4. f 4 instit. p. 10. 48. g irenarches redivivus , near the eud . my table to the exact abridgement of the records in the tower , tit. ordinance of parliament . ( h ) see cook. 4 instit p. 10 , 48 , 49. i see mr. will. hackwells catalogue of the speakers names printed , 1641. electorum . surry and suffolk . bristol . * not the commons-house , or committee of privilege . de summonitione parliamenti . * see my i lea for the lords , p. 396 , 397. * plea for the lords , p. 371 , to 416. a mat. paris p. 299. 300. edit tig. 1589. b mat. paris p. 305. mat. westm. p. 113. c mat. paris . 308. d mat. paris 311. e mat. paris 312. f mat. paris p. 316 , 319. mat. westm. p. 118 , 119. g mat. paris p. 3●… . mat. paris , p. 354 , 355 , 357 , mat. westm. p. 130. i mat. paris , p. 359 , 364. mat. westm. p. 132 k mat. paris , p. 367. l mat. paris , p. 372 , 373. m mat. paris , p. 375. n mat. paris , p. 381 , 382 , 383 , 390 , 391. o mat. paris , p. 405 , 406 , 407 , 408. p see pat . 20 h. 3. d. 13. cl. 20 h. 3. m. 2 ●…racton f. 416 , 417. seldens titles of honor , p. 721 , 722. q mat. paris , p. 414 , 416 , 417. r mat paris , p. 420 , 421. mat. westm. p. 143. 144. s mat. paris , p. 431. t mat. paris , p. 451 , 452. u mat. paris , p. 495. x mat. paris , p. 505 , 508. y mat. paris , p. 560 , 561 , 562 , 563. mat. westm. p. 163. z mat. paris , p. 619 , 620 , 621 , 622 , 623. mat. paris , p. 624. b mat. paris , p. 626 , 627. mat. westm. p. 185 , 186. c mat. paris , p 631. d mat. paris , p. 674 , 677 , 678 , 679 , 680. mat. westm. p. 205 , 206 , 207 , &c. e mat paris , p. 686 , 687. mat. westm p. 208 , 209 , 210. f mat. paris , p. 697 , 698. g mat. paris , p. 707. h mat. paris , p , 712 , 713. i mat. paris , p. 518 , 519. k mat. paris , p. 732. m mat. paris , 〈◊〉 . to 827. l mat. paris , p. 740. n mat. paris , p. 838 , 839. o mat. paris , p. 358 , 359. p mat. paris , p. 876. q mat. paris , p. 884 , 885. r mat. paris , p. 878 , 179. s mat. paris , p. 933 , to 939. t mat. paris , p. 940 , 941. see mat. parisiensis additamenta , p. 215. henricus dei gratia , &c. cum n●…viter in parliamento nostro . oxoniae , communiter suit ordinatum &c. u mat. paris , p. 943 , 948. see 960 , 961. x mat. paris , p. 951 , 952 , 953 , 954. y mat. paris , p. 955. see claus. 43 h. 3. m. 10. dorso & 14 cedula . z mat. paris , p. 955 , 957. a mat. paris , p. 967. mat. westm. p. 340. b fitz. nat. br. 32. c. c cooks 2 instit . p. 79. d hist. angliae edit . londinl , 1640. p. 978. e auctuarium additamentorum : edit . londini 1640. p. 222. f cottoni posthuma , p. 347 , 348. mr. hacwels catalogue of speakers . g see my epistle to the exact abridgment of the records of the tower , & plea for the lords , p. 359 , 360. * here , p. 54 , 55 , 59. h here , p. 55 , 63. i mr. rushworths historical collections , p. 694 , 695 , 696. * instit. 4. p. 48. * here p. 117 , 118. bedfordshire . berkeshire . buckinghamshire . cambridgshire . cheshire . cornwall . cumberland . derbyshire . devonshire . dorsetsh . essex . gloucestershire . hereford . hertford . huntingdon . kent . lancaster leicestershire . lincolnshire . middlesex . northt . norsolke . northum . nottingh . oxfordsh . salop. somerset . southtsh . suffolk . staffordsh . surry . sussex . warwick . shire . westmerl . wiltshire . worcester . yorkshire . a here p. 41. 58 , 59. * see hobarts reports , p. 14. 15. c cooks 1 instit . f. 159. d his archaion or commentary upon the high courts of justice , p. 257 , 258 , 259. * an exact abridgement of the records in the tower , p. 86. * hobards reports , p. 117 , 118 , 198 , 199. * ardua regni , plea for the lords p. 371 , to 419. the 〈◊〉 . part of this brief register , p. 27 , 28 , 1●…7 , 219 , to 222 , 434 , 435. * exact coll. p. 496 , 498. a exact coll. p. 650 , 655 , 657. * exact collection , p. 739. * exact collection , p. 4 , 6. mount-orgueil: or divine and profitable meditations raised from the contemplation of these three leaves of natures volume, 1. rockes, 2. seas, 3. gardens, digested into three distinct poems. to which is prefixed, a poeticall description, of mount-orgueil castle in the isle of jersy. by vvilliam prynne, late exile, and close prisoner in the sayd castle. a poem of the soules complaint against the body; and comfortable cordialls against the discomforts of imprisonment, &c. are hereto annexed. prynne, william, 1600-1669. 1641 approx. 406 kb of xml-encoded text transcribed from 112 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a91224 wing p4013c estc r231891 99897084 99897084 137275 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91224) transcribed from: (early english books online ; image set 137275) images scanned from microfilm: (early english books, 1641-1700 ; 2467:9) mount-orgueil: or divine and profitable meditations raised from the contemplation of these three leaves of natures volume, 1. rockes, 2. seas, 3. gardens, digested into three distinct poems. to which is prefixed, a poeticall description, of mount-orgueil castle in the isle of jersy. by vvilliam prynne, late exile, and close prisoner in the sayd castle. a poem of the soules complaint against the body; and comfortable cordialls against the discomforts of imprisonment, &c. are hereto annexed. prynne, william, 1600-1669. prynne, william, 1600-1669. rockes improved. prynne, william, 1600-1669. christian sea-card. prynne, william, 1600-1669. christian paradise. prynne, william, 1600-1669. comfortable cordials. [14], 56, 59-184, [2]; [4], 16, [2] p., [1] leaf of plates : port. printed by tho. cotes, for michael sparke senior, and are to be sold by peter inch of chester, london : 1641. in verse. one of four possible imprint variants of this text. with marginal notes. order and number of preliminary leaves vary. ideal copies include a 4-line verse (printed in 7 lines) which faces a portrait of the author. these two leaves may either precede or follow title page. there are two verse dedications, "to the christian reader", which fill both sides of a leaf, and "to the right worshipfull his ever honoured worthy friend ..." on a leaf signed [par.]3, the verso of which is blank. these two dedication leaves are frequently interchanged. with a final errata leaf. "rockes improved", "christian sea-card", "christian paradise", and "soules complaint" each have separate dated title page with "printed by t. cotes for michael sparke, dwelling at the blue bible in greene arbor, 1641; pagination and register are continuous. "comfortable cordials" has separate title page with imprint "printed anno. 1641"; pagination and register are separate. it may also have been issued separately (wing p3927). reproduction of original in the folger shakespeare library, washington, d.c.. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng jesus christ -poetry -early works to 1800. christian literature -early works to 1800. 2007-06 tcp assigned for keying and markup 2007-06 aptara keyed and coded from proquest page images 2007-09 john latta sampled and proofread 2007-09 john latta text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion loe here 's the authors shadow , passe it by ; these lines his substance , will in part descry . gaze not upon his shade unlesse to see , and learne thereby , that all men shadowes be . all flesh is grass , the best men vanity ; this , but a shadow , here before thine eye , of him , whose wondrous changes clearly show , that god , not men , swayes all things here below movnt-orgveil : or divine and profitable meditations , raised from the contemplation of these three leaves of natures volume , 1. rockes , 2. seas , 3. gardens , digested into three distinct poems . to which is prefixed , a poeticall description , of mount-orgueil castle in the isle of jersy . by vvilliam prynne , late exile , and close prisoner in the sayd castle . a poem of the soules complaint against the body ; and comfortable cordialls against the discomforts of imprisonment , &c. are hereto annexed . psalme 19. 14. let the words of my mouth , and the meditation of my heart , he acceptable in thy sight , o lord my strength , and my redeemer . psalme 143. 5. i remember the dayes of old ; i meditate on all thy workes ; i muse on the worke of thy hands . london , printed by tho. cotes , for michael sparke senior , and are to be sold by peter inch of chester . 1641. to the right worshipfull his ever honoured worthy friend , sir philip carteret knight , lieutenant governour and bayliffe of the isle of jersy . sir , your great favour and humanity to me whiles exile , prisner in jersy , wholy secluded from all friends accesse , under the angry frownes of their greatnesse who sent me thither , to deprive me quite of worldly comforts ; challenge a just right to these rude meditations , which there grew , and so in justice are your proper due . accept them than , as a small pledge of my thankes unto you , till oportunity and better dayes , enable me to finde , some other meanes to pay all that 's behinde . your eternally obliged friend and servant william prynne . to the christian reader , shut up close-prisner in mount-orgueil pile , a lofty castle , within jersie isle , remote from friends , * neere three yeares space , where i had rockes , seas , gardens dayly in mine eye , which i oft viewed with no small delight , these pleasing objects did at last invite me , to contemplate in more solemne wise , what usefull meditations might arise from each of them , my soule to warme , feast , cheare , and unto god , christ , heaven mount more neare . in which pursuite , i found such inward joyes , such cordiall comforts , as did over-poise my heaviest crosses , losses , and supply the want of all , foes did me then deny ; give me assurance of a sweete returne both from my exile , prison , and mine urne : revive my cold dead muse , and it inspire though not with brightest , yet with sacred fire : some sparkes whereof rakt up in ashes then , i layd aside , for want of inke and pen : but now enlarged by the mighty hand of that sweete god , who both by * sea and land ▪ in sundry prisons , countries , kept me so in health and comfort , that i met with no one day of sickenesse , sadnesse , discontent , in * eight yeares troubles , and imprisonment : ( which i relate , that all may blesse his name for his great mercy , and expect the same support and presence of our god in all those sharpe afflictions which may them befall , as i have found , by sweete experiment to my surpassing solace , and content : ) i have blowne up these buried sparkes a new , and here present them to thy christian view , ( kinde reader ) to the end that thou mayst be refresht with those thoughts , which refreshed me , and steele thy soule with faith , hope , confidence , against all carnall feares and diffidence , with that which made me to expect with joy , that blest enlargement i doe now enjoy . from my long durance , censures , banishment , which god hath made a fresh , sweete monument of his almighty power , that all thereby in all their troubles and adversitie , may learne with faith , hope , comfort to depend on god , who in due time release will send . thy comfort , profit is all i desire , next to gods glory ; lord , let the sweete fire of thy good spirit by these lines convoy such flames of love , zeale , comfort , grace , & joy into each readers soule , that he may see these meditations were inspir'd by thee . if any profit , fruit , thou from them gaine , o pray for him , who ever shall remaine thy unfained christian friend william prynne . a poeticall description of mount-orgueil castle in the isle of iersy , interlaced , with some briefe meditations from it's rockie , steepe , and lofty situation . mount orgueil castle is a lofty pile , within the easterne parts of jersy isle , seated upon a rocke , full large & high , close by the sea-shore , next to normandie ; neere to a sandy bay , where boats doe ride within a peere , safe both from wind and tide . three parts thereof the flowing seas surround , the fourth ( north-west-wards ) is firme rockie ground . a proud high-mount it hath , a rampeir long , foure gates , foure posternes , bulworkes , sconces strong , all built with stone , on which there mounted lye , fifteene cast peeces of artillery ; with sundry murdering chambers , planted so , as best may fence it selfe , and hurt a foe . a guard of souldiers ( strong enough till warre begins to thunder ) in it lodged are ; who watch and ward it duly night and day ; for which the king allow's them monthly pay . the governour , if present , here doth lye , if absent , his lievetenant deputy . * a man of warre the keyes doth keepe , and locke the gates each night of this high towering rock . the castle 's ample , aire healthy , and the prospect pleasant , both by sea and land. two boystrous foes , sometimes assault with losse this fortresse , which their progresse seemes to crosse . the raging waves below , which ever dash themselves in pieces , whiles with it they clash , the stormy winds above , whose blasts doe breake themselves , not it , for which they are too weake . for why this fort is built upon a rocke , and so by a christs owne verdict free from shocke of floods and winds ; which on it oft may beate , yet never shake it , but themselves defeate . thus potent tyrants , whiles they strive to quash . christs feeble members , oft b themselves quite dash to shivers , ' gainst the rocke christ , upon whom they safely founded stand what ever come . a rocke too high for floods to reach ; too strong , too firme for fiercest winds to shake , though long they beate upon it , with a roaring sound , and blustring stormes , to cast it to the ground . this castles * haughty name , and lofty seat , ( enough to puffe up minds not truly great , ) portend at first , that pride it selfe should dwell within it : or such who in pride excell ; since haughty c tytles , d places too oft find , or make at least a proud and haughty mind . but though this vice in former times ( perchance ) might here reside , and her proud throne advance ; yet now shee 's banish't hence with all her traine , and long be it ere she returne againe . now nought but meeknesse and humility in mind and habit , mixt with charity . the truest e ensignes of a noble race ; and pious heart ) adorne this stately place , let worthlesse upstarts , beggers , peasants vile be proud and haughty : this high mounted pile , possest by those of better birth , blood , place , ignoble pride shall never once imbrace , when christ g the patterne of humility would teach this virtue , to a h mountaine high he forthwith goes : and thence exhorteth all to seeke this grace ; fly pride , by which they i fall , shewing hereby , that pride more oft doth dwell in k lowest valleyes , and the meanest cell ; than in the greatest mounts , men , minds ; who l hate this vice , and humble are in highest state . whence can you better learne christs lesson now than in this mount ; where humblenesse doth grow . in great and small , with other vertues bright , which grace these walls , and to the isle give light ? o let this castle on a rocke inure . our soules to m build on christ , a rocke most sure : a castle , fortresse , bulworke , hold and towre above the reach of foes , or humane powre . and let this mount , up which we daily climbe , advance our thoughts to objects more sublime ; yea n mount our soules , hearts , minds , to things above the highest heavens , with the wings of love , faith , servent prayers , sighs , teares , psalmes of praise both day and night . thus spending all our dayes in o heav'n whiles here on earth wee breath ; that so wee may from p hence to it in triumph goe . what though the way be q narrow , craggie , steepe , up which we cannot runne with ease , but creepe with paine and toyle , encountring r sundry foes , great crosses , losses , and a world of woes ; the top once wonne , is pleasant ; where the gaine a ſ thousand-fold surmounts our losse and paine , there shall we ever dwell in t perfect joy ; free from all dangers that may us annoy ; u crowned with blisse and glory , which x transcend our largest thoughts , and never know an end . thither christ bring us , whose most y sacred blood hath purchased heaven , for our endlesse good . finis . rockes improved , comprising certaine poeticall meditations , extracted from the contemplation of the nature and quality of rockes ; a barren and harsh soyle , yet a fruitfull , and delightfull subject of meditation . by vvilliam prynne , late exile , and close prisoner in mount-orgueil castle in the isle of iersy . psal . 18. 2. 31. 46. 2 sam. 22. 2. 3. 32. the lord is my rocke and my fortresse , and my deliverer , my god , my strength in whom i will trust , my buckler , and the horne of my salvation , and my high towre ; my saviour , thou savest mee from violence . who is a rocke save our god ? the lord liveth , and blessed be my rocke , and let the god of my salvation be exalted . psal . 40. 1 , 2 , 3. i waited patiently for the lord , and hee inclined unto mee , and heard my cry : he brought mee also out of an horrible pit , out of the miry clay , and set my feet upon a rocke , and established my goings , &c. london , printed by t. cotes for michael sparke , dwelling at the blue bible in greene arbor . 1641. courteour reader , i shall request thee to correct these few presse errors , which have scaped in some coppies in my absence . errata . page 1. line 10. for the , read this . p. 3. l. 12. r. make . p. 18. l. 3. when whom . l. 6. them . r. him . p. 19. l. 8. to r. in . p. 32. l. 24. of , on . p. 33. l. 18. sinne , weeds . p. 34. 7. they , these . p. 47. l. 5. must , much . p. 65. l. 15. be , lie . p. 71. l. 19 greatest . p. 82. l. 21. lose , close . p. 83. l. 13. others , 1. p. 93. l. 21. fined , fixed . p. 95 l 22. and , oh. l. 23. satan , satin . p. 98. l. 25. them , then . l. 27. stations , passions . p. 103. l. 15. over , ever . p. 108. l. 21 thee , they . p. 119. l. 6. to . or . p. 125. l. 23 arriv'd , arm'd . l. 25. flattering . p. 149. l. 6. shall , should . p. 164. l. 1. the , then . p. 165. l. 13. th' one , thine . p. 169. l. 11. prints , paints . printers oft erre , but not as other men ; their errors are corrected with a pen. rockes improved . comprising certaine poeticall meditations , extracted from the contemplation of the nature and qualities of rockes ; a barren and harsh soyle , yet a fruitfull and delightfull subject of meditation . the proeme . when from the lofty * castle i espie the ragged rocks , which round about it lye ; my working thoughts begin from thence to raise some a meditations , to their makers praise , and mine own profit : which my heart may warm , yea mount to heaven , and vaine fancies charm . meditations of the first ranke , parallelling christ and rockes together . and first , the rockes doe lively represent a complete image , full of sweete content , of christ our rocke ; sith that both they and he in name and nature fitly doe agree . are they cal'd rockes ? so he in sacred writ a b rocke is stil'd , in these regards most fit . 1. the stony rockes no other father know but god who made them , from whose c word they flow so christ ( both god and man ) no father knowes but d god eternall ; from whose loines he flowes by such a e generation as exceedes mens shallow thoughts , and in them wonder breeds . 2. rockes are the f firmest ground whereon to lay , and found such buildings as shall not decay . but last and stand in spite of floods , stormes , wind , which may beate on them , yet no entrance finde , so g christ's the onely rocke , the tryed stone on which the church is built : on him alone our soules so safe , fast , firmely , founded lye , that they shall stand for all eternity unshaken , undemolisht , maugre all the h stormes , flouds , winds , that on them beat & fall through men or devils malice : happie they who on this firme rocke , all their buildings lay . 3. rockes yeeld the sweetest i honey , men to feede : the k sweetest honey comforts , joyes proceede from christ our rock , mens drooping souls to cheare and sweeten all sowre crosses which they beare . 4. all precious stones , and jewels rocks doe breed : all gemmes and pearles of grace from l christ proceed the first , our bodies decke , but for a space ; the last , our m souls , with an eternall grace . the first , in mans eyes are a lovely sight ; the last in gods eyes makes us shine most bright . o let us then , these jewels onely prise , which make us n comely in gods sacred eyes . 5. the richest mines of silver , gold , tin , lead , brasse , copper , in the wombes of o rockes are bred : whence not digg'd out with pains , they uselesse lie and none are better'd , or enricht thereby . thus all the mines , and treasures of gods grace are p hid in christ , as in their proper place . yet none doe happie , rich , or wealthy grow by these hidde treasures , though they overflow ; but those who take much q paines to dig them thence with prayers , teares , faith , hope , and patience . o let us then be ever drawing oare out of our rock christ , in whom there 's such store of richest golden mines , that all r who will may there their soules , and bagges for ever fill . 6. the purest , best , and pleasanist waters spring out of ſ rockes sides ; which sweete refreshment bring to man and beast , whose thirst they quench and stay , their bodies bathe , and wash their filth away . thus from our rocke christ , and his pierced side , such pearelesse streames of t blood and water glide , ( to save , bathe , clense , refresh all broken hearts , and quench hell flames , with sathans , fiery darts : ) as farre surpasse the purest streames that flow , from all the rockes , or fountaines here below . and now ( me thinks ) v the rock in wildernesse whence streames of waters gushed to redresse , and quench the peoples thirst , when moses rod it smote , and pierced by command from god. ( yea every rock whence cristall waters spring ) a lively x picture was , and is to bring our rocke christ to our mindes , and to present him to our eyes , and hearts with great content : from whose pierc'd hands and side with nayles and speare , whole y streames of precious blood , and waters cleare did sweetely flow , gods wrath to quench , allay , his peoples thirst , and wash their sinnes away . we neede not then a crucifixe , to bring christ to our mindes , sith every rocke and spring that flowes from thence , doth in more z lively wise present christ and his passion to our eyes ; let papists then behold their painted stickes ; each rocke to me shall be a crucifixe , as a god hath made it : and shall teach me more , than all the pictures of the roman whore ; which are meere b idoll , heathenish vanities , and c teach nought else , but errors , sinnes , and lies . 7. rockes yeeld a pleasant d shade against the heate , the scorching sun and storms that on men beate ; which sweete refreshment to the weary brings , and cooles them more than any limpid springs . christ our rocke is a sweete refreshing e shade against all heates that scorch , all sinnes that lade his saints ; whose weary sinne-burnt soules can gaine no f rest but in his shade , which ends their paine ; yea fills them with such g peace , ioy , chearefulnesse , that they an heaven here on earth possesse . o let us still abide in this blest shade , where-with our soules are eas'd , and happy made . 8. the holes and clifts in rockes to which men h flye in times of danger , for security ; paint out the holes , clifts , wounds in christs pierc'd i side feete , hands , wherein our soules may safely hide themselves against all stormes that devils , hell , world , flesh , or sinne can raise up , them to quell . o let us to these blessed holes , clifts flye for shelter , and in them both live and dye . yea let each hole and clift which we espie in rocks , present christs wounds , holes , to our eye , and so imprint them in our hearts and minde , that they may still sweete solace in them finde . 9. rockes seldome k weare or waste , but last and know no changes , while things , seas still ebbe , and flow about them . so our rocke christ lasts for aye without all change , both l yesterday , to day , and still the same for all eternitie , when all things else decay , waxe , old and dye . friends , parents , kindred , goods , lands , cities , states , kings , kingdomes , yea the world , have m all their fates , falls , changes , periods ; and doe passe away ; whiles christ our rocke stands firme at the n same stay . no change , age o death can on him seaze , or lite , he still continues in the selfe-same plight , o let us then make him our onely p stay , friend , treasure , portion , who thus lasts for aye , then when all friends , helpes , stayes , hopes else faile , he alone q more than all these to us will be . oh prize him most who doth all else excell , and still remaines when they bid us farewell . 10. rockes are to men the r strongest , safest fence , fort , refuge in all dangers : and from hence most castles , townes , forts on them setled ar , which guard whole kingdomes , both in peace and war ; to these men in all places use to flye for ayde and shelter in extremitie , and is not christ our rocke , the strongest mound , the safest s refuge of his saints ? who found their forts , strength , fafty upon him , and flye to him alone in all their miserie ? where they in safty live , and dare defie both men and devils with securitie . o let us then on him alone repose our soules , who will t protect them from all foes . 11. doves , eagles , conies , fish in v rockes doe breed , build , dwell and hide themselves : christs chosen seede in x him alone breed , build , dwell , live , and hide from all such perills as shall them betide . let this their wisedome teach all others grace in this rock christ , their strength , nests , homes to place . 12. rockes have no outward y forme nor comelinesse to make them lovely . z scripture is expresse that christ our rocke had none , whence most a despise him whiles they view him but with carnall eyes . and yet as rockes , though ragged , vile and bare in outward forme , containe within them rare and precious jewels , stones , mines , of all kinds ; so though our rocke , christ , unto carnall minds in outward shew seemes base ; yet in him lye the b richest treasures , mines , gems , hid from eye : o judge not then by c out side , since corse skinne and rags oft times have treasures , pearles d within , whiles guilded outsides ( like a e painted grave ) nought else but dust , drosse , dung , within them have . 13. rockes fence the land against the raging seas , which else would swallow it with speed , and ease . so f christ defends his church and feeble sheepe , gainst devills , tyrants , wolves ; who else would sweepe them cleane away , and speedily devoure , if not protected by his mighty power . o give him then the praise of this sweete grace who thus preserves us safe in every place . 14. rockes oft times harbours make for ships to ride in safty both from pirats , stormes , winds , tide . so christ our rocke , an g harbour is to all , who flye to him , and for helpe on him call in all their troubles ; where they may repose themselves in safty , maugre stormes , or foes . 15. rockes through the world neare hand dispersed lie for men to h flye too , in extremitie . christ in i all places is still neare at hand , a rocke to shield , and guard his chosen band , in all their dangers , and perplexities , thrice happy he who in him fenced lies . 16. god well accepted in most gratefull wise , and by some wonder grac'd the sacrifice which holy men upon bare k rockes did lay , and offer to him ; not on altars gay . thus god those praises , almes , teares , prayers , cryes , ( a christians best and onely l sacrifice ) doth most regard , and them alone approve which laid on m christ our rocke , doe from him move , and mount to heaven n sweetned with the fume of his rich odors , which their stincke consume . 17. altars of old were built on o rockes ; to shew that we no p altar else but christ should know ; and that all altars , offerings must proceede from him , or else they le stand us in no steede . those altars then are built but on the q sand , and sure to fall , which on christ doe not stand ; as none doe now , sith r christs death overthrew all altars but himselfe , both old and new . 18. no lasie , fearefull persons can ascend steepe craggie s rockes , but onely those who bend their mindes , force , might thereto , who hardly get vpon them but with earnest paine and sweat , nay falls , oft-times , and bruises : so all those who t sloathfull are , with christ can never close : a rock so narrow , craggie , steep , sublime that , none , with ease , with paines , v few can him ( climbe , meeting with x many rubbes , falls , bruises , ere they climbe upon him , and a building reare . o then let all who thinke this rocke to mount of paines , sweat , fals , rubs , crosses , make y account . and then addresse themselves with z all their might vnto this worke , which will their paines requite . 19. rockes are too hard , on which to sleepe secure : and they must a watch , not sleepe whom christ keepes sure . those who intend on this rocke safe to lye , must b shake off sleepe , with all security : watching and c praying alwayes night and day , lest world , flesh , devill them surprize and slay . 20. rockes in , or neere the seas , and waters are ; and doe their heads , most part d above them beare : so christ , our rocke , on earth did oft reside neare to the sea ; yea , on it , walke and ride : lifting his head above the proudest seas , and calming all their raging waves with ease : to shew that he was e supreme lord of all the world , f when seas and floods before him fall ; yea , prove a footestoole for his feete to tread , and g walke upon in safty , without dread . all other rockes in waters sincke , christ sailes , swimmes , walkes upon , and over them prevailes . 21. most , ragged rockes contemne , neglect , forsake , vntill some h dangers force them to betake themselves unto them for securitie , and then they prayse , and highly magnifie those rockes they held before in such disgrace , as the most strong , sweete , best , and safest place . so , most this rocke christ quite i neglect , despise , desert , abandon till k extremities enforce them to him , to protect and free . them from the evills which they feare and flee . and then no place so sweete , safe , delicate as this our rocke before left desolate . but yet as those who unto rockes doe flye , not out of love , but meere necessity , l forsake them quite , when as their dangers end ; so , such whom feares , or perills force , and send ( not sincere love ) to christ our rocke , l away depart from him , and will no longer stay , when as their dangers , troubles , feares are gone , and most unkindly leave him all alone . hence may all popelings learne , that multitude , christs , or his churches truth doth m ill conclude . 22. rockes humble are , and never upwards tend , mount , swell , but n downe their heads and motions bend . so christ our rocke , did o humble and abase himselfe , but never sought high state or place ; moving from heaven downe to earth below , to quench all pride , and make men humble grow . who then dares swell with pride , or haughtinesse when christ , himselfe did thus so low depresse ; though p king of kings , and lord of lords , most high , nay second person in the deity ? 23. high rocks a pleasant q prospect yeeld , whence men sea , land , nay heaven may the better ken. and with delight see farther , and farre more than they on lower ground beheld before . thus men high mounted on our rock , christ , view from thence , with most delight , such r pleasant , new and glorious sights of god , and things above as rap their soules , and make them sicke of love. thence they behold all earthly things below with other eyes , and both discerne and know them to be vile , base s drosse , meere vanity ; and very small when view'd thus from on high . 24. when t serpents upon rockes doe creepe or glide they leave no tract , way , steps , that can be spide . when that old serpent satan crept upon our rocke christ , with his strong temptation , he v nought prevailed , and no print , step , trace , of him or his assaults on him tooke place . 25. when christ our rocke for forty dayes and nights had fasted , then the devill him incites to x turne stones into bread , himselfe to feede ; which he denide , though then he bread did neede : yet of his tender mercy to mankinde , and their poore soules , which are with hunger pinde , he dayly turnes a rocke ( himselfe ) to y bread of life , wherewith their hungry soules are fed . yea , rather than his chosen , bread shall neede , the rockes and stones their soules shall fat and feede , nay feast with those sweete wafers , which their minde , by z meditations doth within them finde . let then our hearts be right we neede not feare a a want of bread , food , them to feede , feast , cheare , since every rocke and ston's a magazine to feede , store , feast them still with bread divine . 26. when god himselfe of his abundant grace shew'd forth his glorious presence , and blest face to moses and elias ; he them plac'd in b clifts or caves of rockes , and there them grac'd with this grand honour , him to view . when we gods sweetest c face and presence long to see , our soules to ravish ; we must stand , and hide within the clifts of our rock , christs peirc'd side ( which these rockes doe but d figure , ) the sole place wherein we may with comfort view gods face . o let our soules in these clifts dwell and stay , where god his e face and presence doth display , in such sweete manner , and such lively sort , as will our soules with love and joy transport . 27. rough ragged rockes and stones , cause men to f fall and stumble on them ; yea , oft times withall , themselves to bruise , maime , breake , and hurt so sore , that they expire therewith , and rise no more ; thus christ becomes to many a wicked one a g rocke offensive , and a stumbling stone who on him stumble , slip , and headlong fall , and dash themselves in pieces therewithall . o then beware how we against him hit spurne , stumble , who to () shivers will us split . 28. some h rockes of flint yeeld softest oyle , to swage , and supple hardest swellings , when they rage . heale wounds , and ulcers ; supplest oyles of grace , which i soften hard hearts in a little space ; k asswage our paine , our aches , wounds , sores cure , proceede from christ , a rocke most firme and sure . lord give us store of this soft oyle , that we our hearts made soft , our wounds quite heal'd may see . 29. the mines and treasures which in rockes hid lye , l exceede mans search and full discovery . the sacred hidden treasures which doe dwell in christ our rocke , are so m unsearchable ; vast , boundlesse , endlesse , that they farre exceede saints largest thoughts and in them wonder breede . o let us still contemplate more and more the n height , depth , length , breadth , of this searchlesse store . to fill our soules with sweetest joyes , and make them for the love of these , all else forsake . 30. rockes are most patient and doe not o complaine cry , stir , though tempests , seas , winds , axes , rain , nay sledges be at upon them , and them bruise , break , hew , cleave , pierce , cut , lance , & much misuse . so christ our rocke , endured p patiently , his crosse , wrongs , suffrings , death without all cry , complainte , resistance ; like a sheepe before her shearer , which doth never bleate , stir , roare . o let all christians now at last from q hence learne to beare crosses with like patience . 31. the r floods , windes , stormes against the rockes oft beate ; they still exposed are to cold , or heate : sometimes the seas surround & drown them quite and oft the yce and snow them hide from sight : so christ on earth s assaulted was with windes ; floodes , tempests , heate , cold , crosses of all kindes , which for a time did hide , immerge , at last , quite over-whelme him , till the storme was past . what christian then can thinke himselfe t secure from stormes , winds , floods , sith christ did them endure ? 32. when christ gave up the ghost , the v rockes did rent , the death of this cheefe rocke for to lament : yea , to beare witnesse of his deity , who though he dy'd , made x rockes in pieces flye . that heart is harder , worse than rock or stone , which christs death cannot rent , nor cause to moane . yea every y rockie heart must melt , rent , fall in pieces , when christ shall it shake , smite , call by his almighty hand , or voyce ; which make the hardest z rockes and hearts to melt , split , shake . lord let the thoughts of thy death quite relent our rockie hearts , and move them to repent . 33. rockes a seldome rot , corrupt , or putrifie : b christ rotted not , whilst he in grave did lye ; that so he might our rotten corps thence c raise free from corruption , him for aye to prayse . o feare not then , though we returne to dust , christ at the last d will scoure off all our rust ; drosse , and corruption ; and our corps restore to such a state , that it shall dye no more ; but live in endlesse glory , and excell the e shining rayes , which in starres , moone , sunne , dwell . 34. rockes though they drowned be , appeare againe , and fixed in their places still remaine : so christ , though dead , and layd in grave , arose againe the f third day , yea to heav'n up goes , above the reach of floodes ; where he on high hath fixt his throne for all g eternity . here shall this ever-living raised rocke for ever h reigne amidst his chosen flocke . 35. our rocke christ being dead entombed lay within a i rocke ; where he grim death did slay . we , dust and earth , when dead , to k them returne : but our dead rocke , a rocke had for his vrne : which him receiv'd , and habor'd even when , he slaine , and quite l rejected was by men. o rockes of flesh , and bowels , which first m rent themselves , his bloody passion to lament ! and then him in their bosomes lodge , and plac'd , when men him slew , forsook , and most disgrac'd ! o men ( more n hard than any rocke , flint , stone , who never , pitty , feele , regard , bemoane christs cruell death and passion ; nor receive him , when the rocks rent , and him house-roome give ! o let us learne from hence , how hard , unkinde , ingrate we are to him , who still shall o finde more pitty , harbor , love , from rockes than we , vntill our hearts by grace relented be . and let this thought our hearts of rocke now thaw , and floods of bitter teares out from them draw . 36. in fine ; when we consider that p christ lay intombed in a rocke ; yet the third day rose up from thence : it makes each hole and cave we see in rockes , no other but a grave : and points us out the q place where we must lye inter'd , ere long , and fits us still to r dye : which done , it then revives our soules againe with this sweet thought , that we s shal not remaine in grave for ever ; since our saviour rose from thence againe , to rayse us , and all those who are his members , from the dust , to t raigne in endlesse blisse , where he doth now remaine . let these sweete speculations ever cheare our drooping soules , and banish all their feare . thus barren rockes unto a pious minde may fruitfull prove , if it v christ in them finde ; when they in name and nature thus expresse unto the life , with fruite and pleasantnesse ; farre better than all pictures which the blinde , dull papists make , to bring them to their minde , as if his x word , workes , sacraments , yea , y man the truest , best idaea that we can have of him ) with each rocke , stone they espie were not enough to shew him to their eye , without those idols , which have thrust aside these better pictures , and christ from them hide . 38. blessed lord jesus who the z only rocke , and refuge art of thine elected flocke , teach us thus sweetely to behold , and view thee in each rocke we see ; for to renue , melt , change , delight , rejoyce our hearts , & make them out of love to thee , all else a forsake : still b living , cleaving , dying unto thee the onely rocke , where they full safe shall be . meditations of the second kinde , comparing rockes and sinnes together . againe , me thinkes , the rockes doe typifie , the nature of those sinnes which in us lye . 1. for first , all rockes exceeding c heavie are , to those who them upon their shoulders beare : yet light , not pondrous to their proper place : so , to all hearts renu'd with saving grace all sinnes more d heavie than rockes are , and seeme ; though stony hearts them light and easie deeme . e 2. rockes presse and bruise them sore on whom they lye , and for meere anguish make them roare and cry. sinnes doe so too ; when god doth once awake mens soules , their pressure makes them f roare and quake . o then beware of sinnes , which g bruise , oppresse our soules , and worke nought else but their distresse . rockes sinke , and bend still h downe wards : sins doe so , tending to i hell the place to which they goe : each day they sinke men lower than they were , till by degrees they them to hell downe-beare . oh then betimes shake off these k weights , which presse and sinke our soules to hell , without redresse . 4. rocks l cold , hard , dead and senselesse are ; m sins make all such , within whose hearts they lodgings take : beware then how such guests we entertaine , by which our soules are deaded , n hurt and slaine . 5. rockes make men oft to stumble , slip , and fall ; and break their bones , limbs , neckes , oft times withall : sinnes o doe the like . if then we would be free from slips and break-neck-falls , we must them flee . 6. rockes are p deformed , horrid , barren , vile ; and so are q sinnes , with all whom they defile . these make men ugly , filthy , steril , base , and all their glory , beauty quite deface ; yea , change them into r monsters , wolves , dogs , swine ; nay s fiends incarnate . o then sinnes decline ! 7. where t rockes once fixe their stations , they remaine ; and none but god can move them thence againe : so sins once setled in mens hearts , there v stand fast centred , till gods owne almighty hand expell them thence . o then let no sinnes lye upon our soules , but out them presently , lest they should x settle ; for if once they rest within them , they are hardly dispossest . 8. rockes are y exceeding hard to batter , breake , mine , pierce , demolish . so let all men speake , and they must say , that z all sinnes are so too , we ruine , breake them still with much adoe . he who doth thinke his sinnes with ease to quell , shall never tame , nor from him them expell . 9. rockes make their dwellers a fearelesse , and secure of foes or perils , and to thinke all sure : sinnes b doe the like to those that in them dwell ; who feare no dangers till they sinke to hell . o then beware lest sinnes make us secure . no state 's so ill , as that which seemes most sure ! 10. all rockes are c blushlesse , shamelesse , impudent ; sinnes are so too , nought can then daunt , relent . and by degrees mens hearts , browes they so d steele that they no sinne , blush , shame , disgrace can feele . take heede then lest sinne , first , us shamelesse make , then senselesse , gracelesse , fit for hells dread lake . 11. rocks , stones e good grounds oft spoyle , and quite deface : so f sinnes good men deprave , marre shame , disgrace . 12. rockes , stones in fertile soiles them g barren make ; and nought will spring , or grow there , till men take them thence : so rockes and stones of sinne decay , and make men h fruitlesse till remov'd away . no fruites of grace will ever grow , or sprout up in them , till these stones be digged out . 13. great rockes i apparent are to each mans eye , and all both farre and neare may them espie . great sinnes in all , in k great men specially , themselves to all both farre and neare descry ; whence l scripture saith , they are on rockes tops set , and doe in m others worlds of sinnes beget . let all , but great ones chiefely , all sinnes flye ; which though kept close , will yet n themselves descry . 14. wilde o goates in rockes seede , live , and much delight : so , wicked men , stil'd p goates both day and night in q sinnes and lusts doe wallow , live and joy ; though they their soules at last will quite destroy . o madnesse ! thus in sinnes to take delight , which against god , soule , body , alwayes r fight . 15. the steepe high rockes , and forts which on them stand are never s scal'd , or won but by strong hand ; much paines , long seige , or famine , which doe pine , or starve their men , and cause them to resigne . the steepe , high , craggie rockes and forts of sin within us , none can ever t scale , force , win , but by strong hand , much cost , paines , sweate , strife , care , long seige , and easts , by which they starved are , and forc'd at last for very want to yeeld , where else they would have made us leave the field . it s then no easie thing to conquer sinne : they must bestir them who its forts would winne . 16. rockes , v wrecke , sinke , breake ships , boates : so sins oft x split and drowne those soules which on them dash or hit ; not in sea-waters , but in lakes of fire , where they shall ever feele gods scorching ile . 17. instruct us then , o christ , our rocke , to shun all sinnes as rockes ; and not on them to run , for feare of ruine , and still give us grace to flye these rockes of sinne in every place , with greater care than y sea-men doe avoyde those noted rockes , which thousands have destroyd ; not once presuming to approach or hit against such rockes ; as others soules have split . and since sunke rockes of z secret sinnes that lye hid in our hearts , and a worldly jollity , mirth , pastimes , pleasures , ( where we least suspect , or feare a danger ) most soules still have wreckt ; teach us these rocks to see , and then to flye with chiefest care , and them not to come nigh . yea , sith no sea so fraught with rockes can be , as this whereon our soules sayle towards thee : o shield us from these rocks by thy great power , which else will split and sinke us every houre : that so we may at last arive secure in heaven's blest port , where joyes for aye endure . meditations of the third sort , suiting rockes , and gods elect together . besides , these rockes present before our eyes the state of gods elect , in lively wise . 1. rockes fixed are , b not tossed to and fro , with every winde , storme , tempest : even so gods chosen sheepe with c firme and stable hearts adhere to him in all their troubles , smarts : no stormes , windes , crosses , changes can remove them from his word , sonne , spirit , truth or love : when d troopes of others shrinke , and fall away , they cleave to him as to their onely stay. 2. rockes many e winds , stormes , tempests undergoe : and doe not all the f saints , whiles here , doe so ? 3. rockes meekely beare and suffer stormes that fall , and never fret , rage , or repine at all : gods g saints without all murmur , fret , or cry their crosses , losses beare most quietly ; submitting unto god , whose providence all bitter potions doth to them dispense . 4. all men on h rockes may safely build and rest : and of all trusty friends , the saints are best . on i whom we may all times with trust relye , and to them in all dangers safely flye . 5. rockes k bare and ragged are : the saints oft l poore , in outward state ; but seldome begge at doore . 6. yet though rockes outsides be but base and rude , they richest mines within their wombes include : so though saints outsides be but ragged , base , within them m hidden lye gold-mines of grace . 7. stones digged out of rockes and hewed square the n fairest temples , buildings make that are . so gods elect , though vile whiles that they lye in natures quarries in deformitie ; yet hew'de out thence , squar'd , polisht by gods grace , and layd in order in their proper place , become o rich temples wherein god doth dwell , and doe all other structures farre excell , in worth , and glory : lord thus square , and lay us in these sacred walls , which last for aye . 8. rockes for the most part lowly are and meeke : the p saints are so , and no high places seeke ; in this vaine world ; where they dejected lye till god advance them to the starrie skie . 9. rockes kingdomes , islands guard and fortifie gainst raging seas , floods , stormes , and enemie : q saints holy lives , and frequent prayers ar states surest guards ; forts , both in peace and war ; these shield-off judgements , foes , plagues , yea gods ire , which else would wast , and scorch them worse than fire . 10. rockes from their sides send forth r springs sweete and pure , mens thirst to quench , their wounds and sores to cure : and who but christ and saints can s comfort bring to sinne-sicke soules , and those who feele the sting gripes , torments , flames of hell and conscience ? or binde up broken , hearts , and chase from thence all feares and horrid terrors ? which an hell on earth oft make in those wherein they dwell ? hence all such wounded soules doe ever fly to t these for comfort in extremity : since no ungodly wretch can cheare , or ease a sinne-sicke soule , nor aking heart appease . 11. rockes most despised and neglected are , as worthlesse creatures : thus gods saints oft fare v contem'd , abhor'd of most , as vile and base , though of mankinde the onely pearles , starres , grace . 12. rockes hurt no shippes , boates , men , but such as x hit themselves against them ; and so breake or split : so gods elect doe never hurt , breake , quash any , but those who y wilfully rune , dash , bruise , breake , themselves against them ; who must check ? and blame themselves , not them , for this their wreck . 13. god first ingrav'd his sacred lawes upon a marble rocke z a table made of stone ; not brittle glasse , soft paper ; that they might out last all time : god , still , his lawes doth write on hardest rockes ; saints stable a hearts , whereby they time survive , and gaine eternity . the two first stony tables whereuopon god stampt his lawes , broke , lost were long agon : these harder tables of saints hearts remaine , and in them gods blest lawes for aye retaine . lord , i my heart a b rocke have made : o carve therein thy lawes , from which it may not swarve . and since it shall out-dure the firmest rocke , o , this rich treasure ever in it locke ! yea , make each saints stone-heart the treasury of thy sweete lawes , for all eternity . 14. rockes in most places thinly scatred are ; saints in all places are most c thinne and rare . d dispersed here and there , where hid they lye in secret corners in obscurity ; driven from country , lands , house , home , by those who for their e goodnesse onely are their foes . 15. rockes burnt to f lime , doe fasten , joyne , sement stones in all buildings , and them free from rent : yea ; laid on barren grounds where nought would spring , they make them fertile , and great crops to bring : so gods elect , when melted by the flame of his sweete spirit , g knit , unite the frame and stones of his church here on earth together , and keepe out errours , sects that would it sever : yea , sent to barren soiles where grew no grace , they make them b fruitfull , and in better case . 16. rockes cut and polisht , turne to richest gems become kings treasures , i crowne their diadems . saints squar'd and polisht from their drosse by grace , prove gods rich k jewels , in his crowne have place . lord so refine me that i may be set , a stone , pearle , jewel in thy coronet . amidst those saints which thou reput'st such gems as farre excell , out-shine all diadems . sweete jesus make me of thy chosen flocke , that i , like them , may be a blessed rocke . meditations of the fourth classe , sampling rockes , and rockie hearts , with ungodly men , together . yet more , me thinkes rockes represent to all mans rockie heart , and nature , since the fall , in some respects , wherein they well agree with stony hearts ; from which god make us free . 1. rockes are exceeding l shamelesse , impudent ; nought will them daunt , or cause for to relent . so men of stony hearts , have m browes of steele , faces of rocke , which no blush , shame can feele . no shamefull sinne , convictions , or disgrace will daunt , or cause them once to hide the face . it is their n glory to be voyd of shame , and vaunt of that which doth them most defame . 2. rockes shew no mercy , but to o peeces mall , breake , bruise , or hurt , all those on whom they fall . so men of rockie hearts are p mercilesse , and breake , bruise , teare , crush , all they doe oppresse . no cries , parts , vertues , merits can asswage their cruell projects , nor divert their rage . o let me rather fall into the pawes of q beares or lyons , than an hard hearts jawes . 3. rocks make those r milstones which doe grinde , bruise , teare the corne we use , to make us bread , or beere : so men of rockie hearts still serve to s grinde , presse , bruise gods chosen , till they be refinde from all their huskes of sinne , and made meete food for gods sweete pallate , to their greatest good. 4. some rockes burnt in the fornace harder grow ; and nought but t steele , or iron from them flow : which serves to breake , hew , polish , fit , and square rude rockes and stones , and stately piles to reare : gods fiery fornace rockie hearts makes more v hard , and obdurate than they were before ; yea all its scorching heate the which they feele , serves but to turne them into harder steele , or iron ; for to breake , hew , polish , pare the rockes and stones which god layes in the rare and choisest buildings of his church : whose walls are x built , not ras'd , with these hard iron malls . and tooles of steele , though they no y part nor share have in the temples which they helpe to reare . 5. the most mischievous instruments of war wounds , bloodshed , first from z rockes extracted ar ; as canons , musquets , bullets , sword , bills , speares with other weapons , where with man kills , teares , torments , maimes , stabs his brother in despite , as if he did in nought but blood delight : so from mens stony a hearts first flow and spring all mischiefes , murders , warres , sinnes , each ill thing : these were the artists which did first invent each bloody , murth'ring , warlike instrument ; the shops in which they forged were , the armes that weild them still , & work a world of harmes . o cursed hearts of rocke from whence doe flow all evills , mischiefes , woes we heare , see , know ! lord free and ever keepe us from such hearts , which are the cause of all our sinnes , ills , smarts . 6. rockes make those in them b carelesse , proud , secure from feare of danger : stony hearts are sure to make all c them in great mischiefes ere they be aware . rockes are d exceeding hard ; and sooner broke than squar'd or polisht with the axes stroke : mens stony hearts so hard and flinty are , that all gods axes , judgements e cannot square them to his rules , nor cause them to amend , and sooner breake than rent , or make them bend . he who in hardest f s●●●es of old imprest his sacred lawes , upon a rockie brest cannot ingrave them : lord what hearts of flint have men , whereon thy lawes can make no print ! nought but christs blood these g adamants can thaw and square them to the models of gods law. 8. no heate of sunne or fornace rockes will melt , but harden rather , and their heat's not felt : gods h sun-shine mercies , and his sweetest grace ; his fiery fornace , and his frowning face , mens rockie hearts will neither warme , relent , affect , melt , change , nor move them to repent . 9. most rocks are i barren , yeelding nought for back or belly , that mankinde or beasts doe lack : mans k stonie heart 's as barren : no good thing , no fruites of grace , faith , vertue in it spring . 10. thornes , thistles , l brambles , weedes of rockes oft grow ; all stony hearts with these , still m over-flow : fruitefull in nothing , but those tares of vice , and sinne , which barre them out of paradise . 11. rockes deafe and sencelesse are of good , and ill : hard n hearts are so , and neither can , doe , will , gods word , law , workes regard , heare , understand ; nor , feare his angry ; kisse , his soothing hand . 12. the fiercest stormes , o winds , waves , on rookes doe dash : gods p sorest judgements stonie hearts doe lash : and though they seldome feele gods stroke or curse ; this nothing mends , but q makes their case farre worse . 13. the pleasant showres , drops , dewes that on rockes light . make them not fruitfull ; nor in better plight : but glide away forthwith , not sinking downe to make them mellow , good , or sinne to drowne : so rockie r hearts , though they receive the raine , and frequent showres of gods blest word ; remaine still barren , hard , and sencelesse ; nought will stay that drops upon them , but all slides away that 's good or sacred ; onely flouds of s sinne sinke downe with speede , and freely enter in . 14. none craggie t rockes will till , plough , plant , or sow ; their labours lost who doe it , nought will grow . obdurate hearts few use to plough or till with godly precepts , counsells ; sith they still v neglect , deride , contemne them ; so as all the seede is lost which on the rockes doth fall . 15. rockes blunt , and hurt the edge of tooles that smite , or square them for good uses ; yea in spite their chips and shivers dash against the eyes , face , shins of those that hew them . loe the guise of rockie hearts , which x hurt and malice those who checke their sinnes , and hate them as their foes . yea , let their pastors in their ministry but touch their sores , into their face they flye : so zealous are they for those sinnes , which end in hell , when they will not gods cause defend . o that our zeale for god were halfe so much as for our darling crimes , when men them touch : then would we let them y strike , wound , lance , yea slay our dearest sinnes ; and thanke , not them gaine-say . 16. rockes cold and heavie are , and z never move out of their places ; nor mount up above unlesse perforce ; and then they ever a bend downe to the center ; whence they did ascend so b rockie hearts are cold , and lumpish still to all that good is ; prone to nought but ill : no love , heate , zeale to god within them flame ; his cause they 'le not stir in for love , nor shame : their thoughts , minds , cares are fixt on c things below , and never upwards soare to view , mind , know the things above ; unlesse some d sodaine feare of death , hell , danger up them scrue or reare against their wills : which past , to earth they hie with greater poyse , and there still groveling lie . 17. rockes e dumbe and silent are : so hearts of stone for good discourse have neither tongue , nor tone sitting still f mute like stones without voyce , sence , when any fall to godly conference . 18. rockes g bare and naked are ; whence all may spie their nakednesse , and grosse deformitie . all stony hearts , are h naked , poore , and bare ; their barenesse , vilenesse , wants exposed are to all mens view ; till christs rich robes of grace cloath or adorne them , and these wants deface . 19. rockes livelesse are ; and stony hearts are i dead ; no life of grace was ever in them bred : yea , all who now draw breath , must shortly k dye , ( who knowes how soone ) and dead as rockes shall lye . 20. rockes till by force they broken be , and slit , l hewd , polisht , for all buildings are unfit : thus rockie hearts till god them m rent , hew , square ; to build his house , church , temple , uselesse are . 21. rockes make men n fall and stumble , to their paine and hurt : that o rockie hearts doe thus , t is plaine ; since all our slips , falls , bruises , sinnes proceede from stony hearts , which make us take no heede . 22. rockes p shipwracke those , who doe too neare them sayle ; and sunken rockes to split ships most prevaile : thus rockie hearts unlesse we from them fly will q wracke us all ; but yet especially when neither felt , nor seene : for then we run with full-saile on them , and are quite undone . 23. rockes feele no burthens , weights that on them lie ; so rockie hearts doe never r sigh , groane , cry vnder the weights and burthens of their crimes , ( though s heavier than the sands a thousand times ) and why ? because they never feele their poyse till it them sinke to hell , and quite destroyes . 24. not all the men on earth , with all their art can make one rock , or stone ; much lesse an heart ; but onely t god himselfe : yet men alone are the v creators of all hearts of stone , not god : o wonder , that men should create nought but hard rockie hearts which god doth hate : such hearts can none else but men , fathers call , which sinke still downewards , till to hell they fall . 25. o then when ever we a rocke shall see , let these thoughts to our mindes recalled be : yea , ponder what old x rockie hearts we have by sinne and nature : then new , soft hearts crave , with fervent prayers , grones , sighes , teares ; so we our hearts of rocke , to flesh transform'd shall see . and if we finde , feele , know by signes most sure our hearts thus changed , and made soft , and pure ; let us for ever in word , deede , life , thought , extoll and ( y ) praise him who this change hath wrought ; keeping a narrow z watch both night and day , over our cheating hearts ; for feare lest they should by degrees freeze , or grow a hard againe , yea turne to rockes , and so for aye remaine . 26. sweete jesus b take our stony hearts away , and give us hearts of flesh , we humbly pray ; and of all other plagues , from us avert this as the greatest , an obdurate heart . and since of all our parts thou dost require , seeke , prize our c hearts most ; grant us we desire such broken , contrite tender hearts , as may delight thee most ; and never from thee stray . such hearts thou onely canst d create , not we ; make our hearts such ; then happy shall we be . miscellanie meditations of the fifth kinde . to winde up all ; rockes to our mindes present some other usefull thoughts , with great content . 1. when we behold some e stones with tooles and barres dig'd out of rockes , and taken from the quarres ; to build some stately church ; whiles others stay still there , unwrought ; though quite as good as they : it mindes us of that common rocke wherein mankinde corrupted lay , through adams sinne : from whence god by f election and meere grace culls out some stones ( though few ) which he doth place within his churches buildings ; where they lie fast joyn'd to christ , for all eternitie : when as all others ( though as good as they and of the selfesame rocke , quar , lumpe , and clay : ) lye still unpolisht , in the rotten masse , and state of sinne , untill to hell they passe ; without injustice , since gods grace is g free ; and none but for h some sinne shall damned be . 2. when i consider that all i tombestones , urnes , and tombes , where man , * meere dust , to dust returnes ; are broken pieces of some rockes ; i then behold my tombe-stone , in each rocke i ken : and say ; loe here 's the lasting monument wherein my body must ere long be pent , and shut close prisner , till the k judgement day , when all its rust and bolts shall fall away . which thought digested , makes me still amend my life ; and fits me alwayes for mine end. let all revolve it oft within their minde , and they shall treasure , honey in it finde . 3. when i behold some people dwell , live , lye in l caves of rockes ; i then thinke presently ; he who a cottage wants his head to hide , shall finde some rocke , or hole where to abide ; in which he may sleepe freer from feares , foes , and cares , than those whom castles , guards , inclose . what neede we care then here for house or home , if these should faile , yet rockes will give us roome to lodge and hide in : here m gods dearest saints have liv'd , and hid oft times without complaints ; and beene more happie in these caved stones than greatest monarchs in their royall thrones . repine not then though clifts of rocks should be thine house or home , sith there thou mayst be free , safe , blessed , chearefull , and to god more nigh than those who in the fairest pallace lye . 4. the precious jewels n treasures , stones which are lockt up and hid in coursest rockes , declare gods dearest saints and jewels common case , and state on earth : who thrust out with disgrace from house and home , enforced are to flye to o caves and rockes , where they imprisned lye : whence driven out againe by bloody foes ( like gold or jewels out of rockes ; ) they close and locke them up againe in p prisons , goales or nastie dungeons , amidst filth , dust , * coles , the common q gaskets where these gemmes , pearles lye vntill some flames them into ashes frie. yet courage noble soules , whiles thus you fare it 's a sure signe you peerelesse r jewels are , and gods choyce treasures , since you under locke , thus lye , like gold , gems in some casket , rocke : and that you shall be s surest kept of any , because kept closest , and not seene of many . the choycest things men ever closest t locke ; and wolves runne loose , whiles god doth v fold his flocke . 5. rockes love to x shew , not hide their nakednesse : adam and eve y blusht at their naked dresse when they beheld it , and did hide for shame , till they with coates of figge-leaves vail'd the same . those wanton females then that take delight , their z naked breasts , neckes , armes , ( like some strange sight ) to shew to others , without blush or shame , in spight of god , men , who them taxe and blame : are rather shamelesse rockes than adams race ; and for the most part voyd of sence , shame , grace ; if not of honour , and true a chastitie , sith most is common which doth open lye . 6. when we behold men with much danger , swet , paines , trouble , vilest wrack to gather , get , and draw from sea-rockes , for to burne , or dresse their tilled grounds , and mend their fruitfulnesse . me thinkes it should wring b teares from us , to see what paines these take for dung , whiles they and wee doe not take halfe the care , paines , travell , sw●et the richest gems of grace to digge , fetch , get from christ our rocke , which would not onely cheare and warme our soules , and make them fruite to beare ; but them c adorne , enrich , store in such wise , that they all else as vile dung would despise . for shame then henceforth let us take d more paine these richest gemmes , than they base wracke to gaine . 7. when i a rent or clift in rockes espie , it mindes me of the dreadfull majestie , and mighty power of our god which make the hardest e rockes for feare to split f rent shake and duely pondred would in peeces teare our rockie hearts , & make them quake for feare 8. when i behold men , tempests , waves , raine , winde , beate long on g rockes , and yet no entrance finde : it makes me see what h rockie hearts we have at which though christ ( who seekes our soules to save ) doth dayly i knocke by his word , grace and sp'rit , saints , preachers , motions ; and oft times them smite with sundry judgements , tempests , seas , malles , winds to make them open , yet but k seldome finds , or makes an entrance : nay though many yeares , he thus beates on them , yet no fruite appeares : o hearts more hard than any rocke , flint , steele , which all these strokes upon them never feele ! o l patient jesus ! who so long canst beare , with such hard hearts , which will not melt nor teare ! 9. when i behold rockes , stones , most ragged , base , rude and deformed in their native place , m hew'd out from thence , and polisht by man-kinde turn'd into goodly structures of each kinde and made rich statues , n jewels , ouches , gemmes , yea , set in gold and royall diadems . i thence conclude , that god with much more ease speede , art , can turne , when ever he shall please , the o hardest , vilest , rockie hearts that are into rich temples , jewels , gemmes most rare ; yea set them in christs very royall crowne like precious stones unto their great renowne . as he did p paul , q manasses , and all those most glorious saints which heav'n doth now inclose . let no man then though ne're so meane , vile , base , lewd , sinfull , once despaire of gods free grace , which in a moment can r change and translate him from his wretched to a glorious state . 10. when as i see the s waters that doe streame and gush from stony rockes , me thinkes they seeme a lively image of those t teares that flow from rockie hearts , when they once tender grow . through gods sweete grace and spirit , which can melt the hardest hearts to teares , and them relent as he did rockes of old , whence v water gusht by streames when he them either smote or crusht . blessed lord jesus , soften , breake , relent our hearts of rocke , and cause them to repent , and send forth streames , nay floods of teares to wash , our sinnes away , and all their force to quash . 11. x eagles in lofty rockes still breed and lye , and from their toppes their prey farre off espie : gods chosen saints whom scriptures oft compare to y eagles , upon christ high mounted are : ( the tallest rocke ) on whom they z build , lodge , stay , and thence they seeke , finde , take their sacred prey . lord make our soules with eagles wings to flye , to this sweete rocke , and there to live and dye . 12. when i contemplate how rockes a christall springs which serve to moisten , soften other things , make trees , herbes , grasse , plants , flowers spring and grow ; and quench the thirst of all things here below ; yet neither moysten , soften , fructifie the rockes themselves , still barren , fruitlesse , dry : me thinkes i view in them some rockie hearts , endew'd with rare , rich , profitable parts of art and nature ; which doe good to many , yet to their owners good , they doe not any . how many preachers others helpe to save yet b damne themselves ? and whiles they others gave the food of life , have starv'd themselves to death : others made fertile , themselves barren heath ? how many c wise to teach , rule , counsell all except themselves , and so through folly fall : it s hardly worth the name of good art , skill that betters others , makes the owners ill. 13. when i espie rockes trampled on by all , christs and true christians states , to minde i call . d trod under feete , with all contempt , spite , hate throughout the world , and valu'd at no rate . complaine not then of any dis-respect . no greater honour than ill mens neglect . 14. each vaste , high-towring , massie rocke we eye presents to us the strength and potencie of that almighty god , whose e potent hand did in a moment , both by sea and land raise up so many vaste high piles , and packe such massie rockes on one anothers backe ; without an engin , by his f word alone , and them so strongly soder one to one that all the art , wit , strength , in man's to weake to rase these mounts , and them in peeces breake . we wonder much at * stonedge , where there lye a few large stones , pil'd vp not very high on one anothers head , and thinke it strange , how men such pondrous stones could reare and range , in such a manner , though these great stones be but pigmies , pibbles to the rockes we see . how much more then with wonder and amaze should we upon those massie high rockes gaze which them so far in bulk , weight , height exceed , and may true admiration in us breed of gods almighty power , which could raise such grand , rare , lasting trophies to his praise . to which all structures made by men doe seeme but mole-hills , attomes , and of no esteeme . he who such heavie rockes could make , lift , reare , g weigh , tosse with ease , as if they feathers were ; with greater ease can lift and elevate his humbled saints out of their h lowest state : and in an instant into i shivers dash , all who with him or them presume to clash . 15. when we discerne the sea , and time to k weare the very rockes , and them to waste , eate , teare ; thinke and contemplate then , how time , age , space all things consume , waste , weaken and deface ; but chiefely men , compact of l dust , not stone who fade like m grasse , are in a moment gone . how can meere dust and ashes thinke to last , when time and age the hardest rockes doe wast ? 16. those who in lofty , fenced , steepe rockes dwell are n haughty , proud , secure , and farre excell most others in these vices , slighting all , as if no mischiefe could upon them fall . whence sodaine dangers , ruines them surprise ( to quell their pride ) from those they most despise ; thus carnall men advanc'd and fortifide with potent friends , wealth , honours , swell with o pride ; deride all dangers , foes , grow so secure , as if their props and stayes should still endure . whence god their pride to punish and abate casts them downe head-long by some sodaine fate . which should make all , but great men specially beware of pride , and grosse security , the sad p fore-runners of a certaine fall , which them and theirs will soone to peeces mall . 17. when as we see men with must cost and paine to mine the rocks , and treasures thence to gaine of sundry sorts ; where with they much increase their wealth , and make things meete for warre and peace : it forth-with mindes us how with farre more care , cost , paines , sweat , labour all who christians are , should dayly q search , and myne for richer oare in christ their rocke ; in whom there is such store of peerelesse mines , and treasures of each kinde as well content , yea r fill the vastest minde ; and store all christians with all things they need in peace and war , life , death ! let this then breed a resolution in us , still to mine , and draw these treasures from this rock divine . 18. whiles that we view men rockes to smite , pierce , rent with sledges , axes , or like instrument ; we then should ponder , how we all each day our blessed rocke christ jesus s smite , stab , slay a fresh with those accursed sinnes and crimes where-with we grieve , pierce , wound him at all times : which thought should turne the edge , and point of all our sinnes from him ; upon our selves to mall breake , wound our rockie hearts , because we rent , abuse christ thus ; and cause us to repent . 19. when we espie rockes dart out sparkes of fire when smote , or cut with tooles of steele or i're : it sweetely mindes us , how the hand of god smiting upon us with an t iron rod should from our hearts of rocke extract and draw such sacred sparkes , yea flames as should them thaw , purge all their drosse away , and them inflame with a most ardent love , unto his name . lord when thy rod shall ever on us lite , let it such sparkes , and flames in us excite . 20. springs , quarries , mines in rockes , ne're drawne quite drie ; present most sweetely to each minde and eye the v inexhausted , boundlesse , endlesse mines , springs , treasures , stores , and vastest magazines of grace and goodnesse , which inclosed lye , within the bosome of the deity . to feede , feast , fill , enrich , each hungry , poore , sad , pined soule , with all their matchlesse store . the very thoughts whereof our hearts should fill with sweetest solace , and delight them still . 21. when i perceive the smallest pibble x sinke in floods , as deepe as greatest rockes ; i thinke how smallest sinnes are deadly , and as well , as soone almost , as great , sinke men to hell. o then beware of all sinnes , since the small as well as great to y hell thus tend and fall . let papists talke of veniall sinnes , i trow no sinne is veniall , when all sinke so low . 22. the worthlesse rubbish in each rocke exceeds , and hides the mines and precious stones it breeds : yea , richest mines have ever greater store of drosse and off all , than refined oare . which pondred , learnes us , how each place , z church breeds more bad than good : that good mens ill , exceeds their goodnesse : that the bad , good men obscure as rubbish hides , surmounts the oare that 's pure . hence multitude , and visibility appeare ill markes a churches truth to trie . 23. when a rockes or stones fall on men , and them dash to peeces , or at least them bruise and quash : it mindes us how our rocke christ b grindeth all to powder , upon whom he doth once fall . o then beware how we pull on our backes this massie rocke which men to peeces crackes . 24. c rockes keepe from sinking those who walke or stand vpon them , whiles such , who on bogges , floods , sand doe walke , d rest , stay , sinke downe and mired are , yea oft times drowned without speciall care . hence may we learne that those who walke , rest , stay , themselves on christ ( the surest rocke ) alway stand firme , safe , stable ; never sinking downe ; whiles those who on bogges , sands sinke , stand , and drowne . o let our feete on this rocke still abide then are we certaine not to sinke , fall , slide . 25. rockes those who dwell upon them fence , e defend , but those who scale them , hurt , bruise and offend . so christ our rocke f protects his chosen sheepe who rest upon him , doth them safely keepe . yet hurts and breakes to g peeces all such foes , who dare presume him , and them to oppose . 26. the sight of rockes , their h clifts , caves , holes should minde , all of the day of judgement , yet behinde : so full of dreadfull terrour and affright that i kings themselves , and men of greatest might shall quake and shake for very feare ; and call vnto the rockes and hills on them to fall ; and into caves , holes , clifts of rockes shall flye to hide them from the wrath , sight , majestie of christ our rocke , before whose dreadfull face the rockes shall then melt , fall , quake , change their place . and all the k stout , proud , rockie hearts of those who did himselfe , word , grace , saints here oppose . shall be so daunted , stonisht , strucke with feare and horrour , that they l dare not once appeare ; till drag'd perforce before christs barre and face , where try'd , convict , condemn'd ; with all disgrace they shall be cast for all eternity into hels fiery flames , there still to fry . o let the terrour of this dismall day , ( which now drawes neere , and we should m mind alway ; ) for ever scare us from all sinne , and make our stony hearts to melt , bleed , sigh , breake , ake : and cause us now with speed to flye and hide our selves within the holes of christs pierc'd side , who shall us n judge : and then we boldly may o lift up our heads , and hearts in that great day with joyfull cheare , when others hang them downe ; and eke receive a rich , large , massie p crowne of endlesse glory , in the heavens high where we shall reigne for all eternity . q o christ ( our onely rocke ) of thy free grace advance , and bring us to this blisfull place : and let each rocke , clift , stone we henceforth see instruct us thus , and bring us home to thee . the conclusion . vvith these sweete usefull thoughts , and thousands more the barren rockes , our hearts , and minds may store when we behold them : and if natures booke , and rockes , whiles we upon them dayly looke , can teach us nothing which our lives may mend , or cause our hearts , minds , thoughts up to ascend ▪ to christ their rock , god , and the things above , them to contemplate with the greatest love ; our hearts are rockie ; we , quite voyd of grace ; and rockes than we , are yet in better case . finis . a christian sea-card . consisting of sundry poeticall meditations , raised from the contemplation of the nature and qualities of the sea. by william prynne , late exile and close prisoner in mount-orgueil castle in the isle of iersy . psalme 104. 24. 25. 26. o lord how manifold are thy workes ! in wisedome hast thou made them all ; the earth is full of thy riches . so is this great and wide sea , wherein are things creeping innumerable , both small & great beasts . there goe the shippes ; there is that leviathan thou hast made to play therein . psal . 77. 19. thy way is in the sea , and thy path in the great waters , and thy footesteps are not knowne . isaiah 43. 1. 2. 3. 5. 6. but now thus saith the lord that created thee , o jacob , and he that formed thee o israel ; feare not , for i have redeemed thee , i have called thee by thy name , thou art mine . when thou passest through the waters i will be with thee , and through the rivers , they shall not overflow thee ; when thou walkest through the fire thou shalt not be burnt , neither shall the flame kindle upon thee . for i am the lord thy god , the holy one of israel , thy saviour , &c. psalme 66. 12. thou hast caused men to ride over our heads ; we went through fire and through water , but thou broughtest us out into a wealthy place . london printed by t. cotes , for michael sparke dwelling at the blue bible in greene arbor . 1641. to the worshipfull his highly honoured friend m rs elizabeth carteret , daughter to sir philip carteret , knight , lievtenant governour and bayliffe of the isle of jersy . that neare relation wherein now you stand by habitation , and a nuptiall band , to seas , and sea-men ; did at first induce me to digest this sea-card for your use , and his you most esteeme ; which in some sort may helpe conduct you unto heav'ns blest port , the onely haven which you now most eye , and strive for to arrive in when you dye . accept it therefore ( though scarce worthy view , ) as a small pledge of his respects to you , who much adores your vertues , and must deeme his muse too meane to adde to your esteeme . your engaged friend and servant , william prynne . sith god seas , rockes , in place hath joyn'd together it were unkindnesse them in verse to sever . and hence my muse , which bates to be unkinde , hath them , in these two poems , here combinde . a christian sea-card . consisting of sundry poeticall meditations raised from the contemplation of the nature and qualities of the sea. the prologue . this world 's an ample volume , where we may not onely read , but a see god day by day ; and every creature which it doth comprize , a text to preach him to our hearts and eyes : no plant , herbe , grasse so small , so vile but can teach , and demonstrate god himselfe to man , with his eternall wisedome , goodnesse , power , which he is blind , who seeth not in each flower . looke we above , beneath , or round about , all that we see doth b point , nay paint god out , amongst the world of creatures which present god to our thoughts , and eyes with sweete content me thinkes the sea , ( oft viewed with delight , ) shewes him most cleerely to our minds and sight . from whence a pious heart may raise such store of godly thoughts , that plenty makes it poore . meditations of the first kinde . 1. and first , the vaste sea , which with speede can * drowne the greatest island , mountaine , ship or towne , as easie as the smallest , mole-hill , boate , or cottage , in its all-devouring throate ; most sweetely represents to sinnefull man the vaste , immense , and boundlesse c ocean of gods free grace and mercy ; so profound , that worlds of greatest sinnes in it are drown'd ; no crimes so hainous , great , or numberlesse ; but if with bleeding soules we them c confesse and quite abandon , this large sea of grace shall over-whelme , wash out , and cleane deface : o sweetest solace to a broken heart , and sinne-sicke soule , desirous to convert ! what though thy horrid sins and hainous crimes , be greater than the world ten thousand times ? loe , her 's a sea more vast shall d drowne them all without exception , great , as deepe , as small . o then despaire not , but behold with joy this ocean , which shall all thy sinnes destroy . lord , let us ever saile in this sweete sea , where soules are sav'd , sinnes onely shipwrackt be . 2. againe , this e great sea's huge immensity length , breadth , depth ; bulke , a vaster deity and greater god who e made it , clearely prove , then feare , yea fly his wrath , embrace his love ; before all earthly monarches , since they be not by ten thousand parts so great as he ; or as the sea , that shadowes to our eyes , his f greatnesse which our thoughts cannot comprise . what creature , danger then shall once dismay those , who this great god make their onely stay ? 3. the sea points forth unto us every houre , gods infinite , almighty , soveraigne power ; who did g create it with a word , and still controules , h rules , calmes , its raging waves at will , when they with boisterous tempest , roare , and swell as high as heav'n , sinke downe as low as hell : bounding its proudest flouds with smallest sand ; to shew how great a force weake things withstand when backt by god , sith petty sands can stay the raging seas fierce march , and blocke its way . who but a i god of might can tame and charme such foaming bedlam seas , and them dis-arme . of all their fury , strength , and them divide yea , dry at pleasure ; to abate their pride ? and cannot he who bounds , rules , calmes and quels the boist'rous ocean , when it roares and swels with greatest force and furie , bridle , swage both men and devills when they storme and rage ? yea * dash them into shivers with more ease and speed , than seas a potsheard , if he please ? why should wee then once k dread their threats or frownes , their might or fury which our god still bounds ? they cannot touch one l haire , if he say nay , much lesse our soules harme , or our bodies slay whilest we with upright hearts for his cause stand . o sweete ! sweete comfort to gods chosen band ! thinke well of this , and then we shall m defie all tyrants rage , and neare once feare , nor flye . what ever comes , when god shall call us out to fight for him , and shew our selves most stout . 4. besides , the flux , and reflux of seas tyde at certaine constant houres , without a guide : it s wise disposall to each shore , port ; creeke , throughout the world , where men for traffique seeke : it s close * conveyance to all fountaines , springs , the earth to water , and all living things : the great and wondrous strange * variety of fish and creatures , which doe live , breede , lye within its wombe , men to delight and feede , as well in times of plenty as of neede . what doe they all demonstrate to our eyes and mindes , but that god is most skilfull n wise in these his wondrous workes , exceeding all mens art , farre more than earth a tennis-ball . o let us then in all we enterprize , submit our wits to him who is so wise , craving his ayde , and giving him the praise of his great wisedome , which must o guide our wayes . 5. yea , these shew forth to men gods providence , which doth the sea thus order , guide , dispence in p wondrous manner , and feede , rule , sustaine all fishes , creatures which it doth containe ; and is as watchfull , restlesse q night and day , as seas , which ever move , but never stay . thrice r happie they who firmely can relie upon gods care in all extremity : he who each wave doth rule , and each fish feede , will in s due season , send them all they neede . 6. the seas great depth , which few or none can sound , points out t gods secret judgements more profound : yea , ships , barkes , boates which plough the seas bright face , yet leave no footsteps by which them to trace ; gods hidden counsells ; wayes , and deepe decrees past finding out , present to all degrees . hence god is v sayd , in sea to have his way , his pathes in waters deepe past mans display , o then adore his judgements , counsells deepe ; and not * presume into them once to peepe with prying eyes , beyond those bounds which he in sacred writ hath fixed unto thee . 7. the length and x widenesse of the sea , which spreads it selfe both farre and neere , to pious heads . and hearts shewes forth the vaste immensity , and omni-presence of the deity ; which y fills both earth and heaven , sea , world , hell ; yea every part of each : o strange to tell ! oh horrid meditation ! to the rout of gracelesse sinners ; when they goe about to hide , or flye from god ; who doth fore-stall , nay z fill all corners into which they crall . how can they then escape his venging hand , which is so neare them both by sea and land ? yet matchlesse solace to gods chosen sheepe , that his sweete a presence shall them cheare , fence , keepe , by sea and land , where ere they live or goe : this makes them happie in a world of woe . what neede we then to feare a banishment from friends , or home , or close imprisonment : in any hole or dungeon ? since b no place can barre from us gods presence or his grace ? which ever make an heaven where they dwell , a royall pallace of the darkest cell . 8. the raging seas fierce waves and c roaring cry which daunt all hearts , spare neither low nor high , bearing downe all before them who withstand their furious progresse , with a potent hand . describe gods d dreadfull wrath , and dismall ire , against obdurate sinners ; who conspire to breake his lawes , oppose his christ , despite and grieve his spirit , sinning with delight , without remorse or checke , till they e provoke him to consume them with a fatall stroke . o let us oft consider , still feare , shunne his dreadfull wrath f from which we cannot runne , much lesse resist it , praying christ to swage and quench it g least we perish in gods rage . the angry floods can onely drowne or fright us for a moment ; but if gods wrath light upon us ; soule and body both shall be vnder its tortures for h eternitie . 9. the sea so usefull , good , and meete for fish and foule of all sorts that mans heart can wish : for salt , clounds , raine , springs , rivers i ( which proceede from it ) and traffique for all things we neede : proclaimes to all k gods goodnesse , bounty , grace , who all this goodnesse in the sea did place , to make men happie . let this goodnesse raise our hearts to love , and give him all l due praise . 10. once more ; the springs and rivers which m ascend out of the sea at first , and in it end : instruct us sweetely , how that every thing from god ( the sea of being ) n first did spring : and therefore should by way of thankefulnesse their course , aymes , ends to him alone addresse , but chiefely man , ( first made , and since that o bought to p serve god onely in deed , word , and thought ; ) should all returne to him from whom it flowes , since q all is his that on us springs or growes . o let us study from our hearts to give all unto him , r in whom we are , move , live ; it is his s due , our duty , all we have to render to him , who our soules must save : most blessed god let us thus oft behold thee in this christall glasse , the sea , our cold and frozen hearts to warme , with these sweete rayes which it reflects , to thine eternall praise . meditations of the second sort. againe the sea 's of christ a lively type and his deare blood , which doth our sinnes out-wipe . 1. for , as the sea all filth doth clense away from bodies , vessells , meates , hearbes , fruites , aray , that in it washed are : so christs sweete blood ( more t clensing than the purest spring or flood ) * all filth and spots of sinne , which soules defile , and in gods eyes present them foule and vile , doth quite abolish , and so purge away from all such soules , as on him fast hold lay by faith unfained , that no filth nor staine of any sinne , upon them shall remaine to make v them loathsome in his fathers sight , in which they shine as starres most cleare and bright . o let us prize this blood beyond compare , by which our soules from sinne thus clensed are . x 2. the sea which did the y wicked world destroy by gods command ; yet saved upright noy . with that red sea , z which the aegyptians drown'd when gods owne people past it on dry ground in safety , shadow that red sea of blood , which christ upon the a crosse shed for our good : wherein the b sinnes of all his chosen sheepe with hellish pharaoh , and his hoast , so deepe are sunke and drowned , that they never shall appeare againe , their soules once to inthrall . o let our sinnes in this red sea be dround , then are we certaine nought shall us c confound . 3. the sea 's the way , meanes , passe to d to transport men to those ports to which they would resort . christs blood 's the sea , e way , ship which men convoyes from earth to heaven , and eternall joyes . sweete jesus let the sea of thy blest blood conduct and leade us safely through the flood and rockes of this worlds sea , to heavens port , to which thy chosen flocke with hast resort . 4. the seas faire , lovely , shining azure face , it 's pleasant calmes in halcion-daies gods grace , and sweete appeased f loving countenance to us in christ , ( which raps into a trance the saddest hearts and fils them with content and matchlesse joyes ) most lively represent . o then in all our griefe and misery , on gods sweete smiling face still fixe an eye , which will support our soules in all distresse , and cheare them so , that nought shall us oppresse . sweete jesus when the sea we view or passe , present thy selfe thus to us in its glasse : then if it wrecke or drowne us , yet shall we through thy bloods sea , escape and saved be . meditations of the third ranke . besides , the sea exhibits to our sight a lively emblem of the state and plight of gods elect , with all those sore and great stormes of afflictions , which doe dayly beate upon them , whiles they passe this sea below . where g world , flesh , devill , seeke to overthrow . 1. for first , the sea is * restlesse night and day ; its flux and constant progresse , none can stay : just so are gods elect , who alwayes move ; h tending to heaven and the things above ; no bankes , winde , stormes , i threats , death , their course can cease till they arive at heavens port in peace . 2. the sea is ever k tost from place to place with winds , stormes , tides : and is not this the case of gods deare saints ? still l handed too and fro ( by sundry tempests which they undergoe ) from coast to coast , from goale to goale , to shew they pilgrims are , and strangers here below . fixt to no certaine clime , and that their home and resting place , is in the world to come . m 3. the sea is ever working , purging forth , and n casting out filth , weedes , trash of no worth which falls into it , and corrupt , defile its christall streames , making them foule and vile . thus gods elect still o purge out , and eject . those lusts , sinnes , vices , which their soules infect with such suggestions as foule devills cast into their hearts , them to pollute and waste . 4. the sea 's p exposed to all stormes and winds ; so q saints to troubles , crosses , of all kindes , to make them humble , and translate their love from things on earth , unto the things above . 5. none dare to crosse the sea without a card or compasse , which they still with care regard , stearing their course thereby , for feare they stray or misse their port , and so be cast away : thus gods elect , whilst they doe saile and rove in this worlds sea , by compasse ever move ; stearing their rudder , by r gods sacred writ for feare they misse their harbor , or else hit their soules against those rockes , shelves , sands which lye to crosse their voyage to eternity . 6. the ebbing sea discovers to the eye those dangrous rockes , shelves , sands , that hidden lye at full sea tides , which then oft drowne and sinke those who approach them , when they least feare , thinke of any danger : so the ebbing state , the crosses of gods chosen s demonstrate and point out to them many rockes , shelves , sands , to shipwracke soules , betray them to the hands of hellish pyrats , which still hidden lye , and undiscerned in prosperity . by which they shun their danger , and commend these ebbes , which from such perills them defend , before those full-sea-tides of wealth and joy , which t shipwrecke thousands , and their soules destroy . 7. the lowest ebbe , hath still the highest flood ; saints deepest sorrowes v end in greatest good : their floods of joy transcend their ebbes of woe beyond compare , and all their griefes out-goe . 8. when seas are at their lowest ebbe , they then forth-with begin to spring and flow . so men belov'd of god , when as they seeme to lye at lowest w ebbe , in deepest misery , past helpe , past hope in carnall mens account , beyond all expectation , spring and mount above their crosses , and enjoy a flood of peace , wealth , honour ; and the greast good . if old examples faile , you may now view the truth hereof in some yet fresh and new . 9. gods x will and pleasure onely is the cause why seas doe ebbe and flow ; not any lawes of nature , moone , or planets : so the will and y blessed pleasure of our god is still the first chiefe cause , of all the ebbes and tides which here befall his saints , nought else besides : yea , as sea stormes z proceede from god , and tosse men up towards heaven : so each storme and crosse which lite on gods elect a from him first springs and nearer heaven them lifts up , and brings . 10. the sea is b salt and brackish : crosses are the like , at c first , to saints who doe them beare . 11. the saltest seas the sweetest fishes breed : saints d sweetest comforts from the crosse proceede : yea , as the best and largest fish are found in saltest waters : so the best , most sound , large , strongest christians , which wee finde , or know , in e harshest floods of sorrowes alwayes grow . 12. the seas salt waters clense and purifie things that are filthy : thus adversitie doth f purge and wash away from gods elect those spots , sinnes ; vices , which their soules infect . 13. seas brinish waters pickle and preserve things from corruption : so g afflictions serve to season saints , who else would putrifie , and rot in those foule sinnes , which now they flye . 14. sea stormes drive men to h prayers , cryes , and teares , augmented and intended by their feares : yea , make them post to harbours , for releefe ; and bid the sea adieu with joy , not greefe : thus troubles cause the saints to i pray and cry to god for helpe with greater fervencie ; intend , increase their prayers ; make them k flye to god their harbour , for security ; cause them to loath and l leave this world with joy : whose waves and tempests them still sore annoy . 15. and as great blustring stormes doe sooner drive ships to the harbours where they would arive , then calmes and mildest gales : so m crosses mend gods darlings speed , and oft times sooner send them unto heaven , then n prosperity , which calmes their sailes , and makes them still to lye . 16. the tempest that befell the ship wherein the prophet o jonah fled , and slept in sinne , did never slacke nor cease , till he was cast into the sea , which done , the storme was past : so , saints afflictions p never swage nor end , till jonah be cast out , and they amend , which done , their tempests cease , and calmes succeede , unlesse some other jonah in them breede . 17. in stormes at sea , the q waves come on so fast , that fresh succeede before the first be past : so crosses on gods saints so thicke oft lite to humble , * try , purge , wash and make them bright : that one r treads on the others heeles , and new come on before the old bid them adieu . 18. yet , as sea-stormes , though long , still s end at last in pleasant calmes ; thus crosse , which so fast , so , thicke presse on gods saints for many dayes , ( yea moneths and yeares oft-times ) t conclude alwayes , in gods due time , in sweetest calmes of peace , and tides of joy : blest tempests which so cease ! o then in all thy sorrowes , troubles , still waite and depend on god by faith , who will ( in v fittest season ) send such joy and ease as shall thine heart cheare , and all stormes appease . 19. the seas great deluge did both x overflow the wicked old world , and it overthrow , yet righteous noe did then escape its rage ; and landed safely when the flood did swage . just thus , afflictions waves and deluge y wracke , and drowne all carnall wretches which doe lacke gods grace and faith to hold them up ; when they who with true faith , their soules on god can stay and anchor ; never sinke ; but swim and beare their z heads above all seas with joyfull cheare ; ariving safely , when the stormes are past , in heavens harbour , where they anchor cast . 20. all those who use the sea , doe ever minde the a port to which thy sayle ; and as the wind doth bring them nearer to it day by day their joyes increase , the more sayles on they lay , longing to end their voyage , and arive at that sweete haven unto which they drive : thus gods elect b have alwayes in their eye the port above , to which they dayly flye with all their speede and might , and as each day doth bring them nearer to this happie bay ; their inward joyes and comforts still increase , the more they long there to arive in peace : mending their speede , imbracing with delight ( that which all others doth so sore affright ) grim * pallid death , the pilot to convoy them to this haven of eternall joy. lord , teach us heavens port thus still to eye whilst here we saile , that when we come to dye , we may attaine it ; and there safely ride free from all perrils of winds , stormes , and tide . lord make us thine elect , that we may gaine this port , where all thy saints in blisse shall reigne . meditations of the fourth classe . further , the sea doth fitly charactrize most wicked mens deportment , and their guise . 1. for , as the sea , so they still c rage , foame , roare , when crost , sicke , pained storming more and more as their afflictions grow , and multiply ; so as , their phisicke proves their maladie ; whereas the godly are d meeke , patient , still , and silent in the greatest stormes of ill . 2. the sea 's e oft troubled , and then casts out nought but mire and dirt from its dis-gorging throate : ungodly men are restlesse in their minde , much troubled , vexed ; leaving nought behinde but f dirt and filth of oathes , lewd talke , sinnes , crimes , and noysome lusts ; which they cast up oft times in such aboundance , that they soone g infect all places with the filth they thus eject . 3. the sea a h world of ugly monsters breedes within her wombe , the which she dayly feedes whole i worlds of monstrous sinnes and lusts are bred in wicked hearts , and dayly nourished . 4. the sea is k floating and unconstant still , moving with wind and tide which way they will direct and steare its course ; so wicked men are l fickle and unstable , even when they seeme most firme ; changing their friendship , love , yea faith , oathes , friends ; as times , winds , tides them move . 5. we see , the sea is m never full , though all springs , rivers , waters , dayly runne and fall into it ; so though this worlds streames all flow and fall into ill men , they never grow the n fuller by them , but still empty are , the more they have , the more they carke and care . 6. the sea is o deepe , deceitefull : ill men too are p so : whence both a world of men undoe : then never make a wicked man thy friend , for feare he cheate , undoe thee in the end . 7. seas shew no mercy but q devoure , drowne all without remorse , who in their mouthes once fall : thus wicked men are r cruell ; mercilesse , voyd of all pitty , ready to oppresse . and ruine all sorts ; no worth , parts , sex , age , can rest exempted from their hellish rage . 8. the sea is full of * rockes , shelves , sands which split , wrecke , drowne ships , boates , and men that on them hit . ill men are s fraught , with rockes , shelves , sands of vice and sinne , to which they others oft entice , amidst the which they so long saile and play , till both their soules be split and cast away . 9. the sea is harsh , tart , brinish , and nought growes upon those sands and bankes it over-flowes : ungodly men are t churlish , crabbed , rude , vnkinde , at least to those who are renu'de : barren of goodnesse , grace , truth , piety ; and others make so by their company . no grace or goodnesse shall once v thrive , or sprout where things are swayed by this wicked rout. 10. the x sea is ever open night and day to all of all sorts , like a common way : thus , lewd mens hearts doe alwayes open lye to sinnes of y all kindes ; no iniquitie so great , strange , horrid , but may freely saile within their hearts , and over them prevaile . 11. the seas salt waters farre exceede the sweete and pleasant streames ; yea , drowne them when they meete , ungodly men in number much surmount christs chosen flocke ; so z small in mans account , that they oft times are hardly seene ; and lye like wheate in chaffe , hid in obscurity : from whence we learne that papists ill conclude their church the truest , from her multitude . 12. the sea is lawlesse , lordlesse , a none can tame or rule it , but that god that made the same : lewd men are such , no b mortall wight but god can breake , tame , sway them , with his iron rod. 13. sea waters heated , soone grow cold againe , and alwayes after cold , harsh , salt , remaine ; so wicked men heate with afflictions fire or some good fits of zeale , doe * soone retire vnto their former coldnesse , brackishnesse , which to their * dying dayes doe them possesse . 14. we see sea waters themselves cast and mold into each vessels shape , which doth them hold : so , ill men will themselves * shape , and apply to every place , time , fashion , company ; and water like , will suite themselves full well to any sect , religion , where they dwell . 15. the sea , with rage , the rockes doth oft assaile , to over-turne them , yet can nought prevaile , but still with losse selfe doth breake and split , not them , whiles its fierce waves against them hit : thus wicked men , whilst they with furie rage against our rocke christ , or his heritage , themselves ( not him , nor them ) to c powder grinde and in the close , nought but confusion finde . o dash not then against these rockes , which shall stand d firme amidst all stormes that on them fall : lord let us never be of this lewd crue , but with thy grace our hearts and lives renue that so we may escape that e lake of fire where they shall ever feele thy scalding ire . meditations of the fifth sort. once more , me thinkes the sea ( which ever floates , but never rests , ) presents unto my thoughts a lively mappe of this vaine world ; ( which , it . in some respects resembles very fit ; ) yeelding them ample sea-roome , for to hale , and chase this theame with a delightfull gale , untill my roving muse , quite tyred shall take in her sailes , and let her anchor fall . 1. now to begin this pleasing chase ? the seas are salt , harsh , brackish , and no pallats please : this world is f bitter , tart , and salt to all , through sickenesse , sorrowes , crosses , which befall them in some kinde or other , for to make their hearts more willing its love to forsake : but most unpleasant is it to gods saints of any others ; whose most sad g complaints of its h sharpe brine , would peirce a heart of steele , and make all salt we in it taste , or feele . how can we then this brinish world once love , or be unwilling from it to remove unto that other ? fraught with all i delights , all sweetest joyes , and soule-refreshing sights ! 2. sea waters drunke downe , hurt , gnaw , fret , decay the entralls , and oft times take life away : this brackish world , quaft down , k the soule annoyes , corrodes , consumes , and at the last destroyes . those who sippe of it , sickely grow , but such are past all cure , who swallow over-much . o let us never bibbe , carouse , or l love her poysnous cups , which doe so deadly prove . 3. salt waters still increase , not quench mens thirst , he that drinkes these , is dryer than at first : this worlds salt streames mens drought can never swage , the more they drinke , the m more their thirst doth rage ; a cup or two , still makes them long for more ; and none so dry , as those who have most store of this worlds waters , which doe onely feede not quench the dropsie ; cause , not helpe their neede . o taste not then her streames , but them defie , which swage no thirst , but make men still more drie . 4. the sea is ever n floating , changing place , state , and condition , never in one case : sometimes it flowes a space ; then ebbes againe forth-with ; and stormes , its calmes still entertaine . if now it smiles , anon it frownes , foames , swels , ringing the changes more than any bells : this o world is flitting , fickle , mutable ; we all like p strangers , pilgrimes in it dwell , roving from place to place till death arrest our wandring corps , and lose us in earthes brest . sometimes the flowing tydes of happinesse mount us aloft ; anon , some ebbes depresse and cast us downe ; farre lower than before , as happy made , to be more vile and poore . one space a calme or pleasant gale doth smile and breath upon us ; but within a while , tempestuous stormes and whirle-winds over-take , tosse ; teare , split , sinke us , and we shipwracke make . to day we rich are , q ere to morrow poore ; well , in the morning , r dead , or at deaths doore ere night : in honour and esteeme this houre , the next , s cast downe , base , withered like a flower . how many sayling in full streames of wealth , pomp , honour , pleasure , favour , greatnesse , health and all contentments which the world can give unto her darlings , whilst they therein live , have in one t houres space , beene stript of all , and dasht in peeces with a suddaine fall ? how many v mighty kings , states , monarchies , have in a moment felt such miseries , such fatall changes in their worldly state , as no heart could conceive no tongue relate ? unconstant world ( more full of changes then the sea or moone ) how can the sonnes of men once x love or trust thee ? goe , cheate thy sickely friendship ever will defie . 5. the sea is full of y rockes , which sinke and quash . those ships , barkes , boates , that doe against them dash : this world hath farre more rockes to wracke and split the soules of such as doe against them hit . z wealth , honours , lusts , pompes , pleasures , pride of life , with sundry other rockes , are here at strife which shall most soules destroy , and sinke to hell , in seas and a lakes of brimstone still to dwell . how dare we then approach these rockes , or run upon them , which whole millions have undone ? or take delight this worlds ill seas to crosse , where most are wreckt , none scape without some losse ? 6. the sea a smiling , shining azure face and lovely out-side hath her selfe to grace ; wherewith she hides her savage cruelty , rockes , shelves , gulfes , and those monsters that doe lye close couch'd in her , to wrecke and to devoure all those her beauty drawes within their power . this cheating flatring world , mens soules to traine into her deadly snares ( where they remaine fast hampred till they perish ) still presents her selfe to them , deckt with such ornaments , such out-side , beauty , pompe , state , gaudinesse , and seeming shewes of present happinesse , as ravish most mens eyes and hearts b with love of her , and turne them from the things above . whereas , if they once saw , or could discry those horrid monsters , rockes , gulfes , snares that lye hid under her faire surface , they would shun her love , and faster from , than to her run o let us view her intrals , not her skin ; she 's gold without , but poyson , drosse , within . 7. the sealyes open to all c stormes and winds , this world exposed is unto d all kinds of tempests , crosses , losses , gustes , and harmes : how can we then lye sleeping in her armes ? or hope to finde peace , rest , content , or blisse in her , where we are certaine all to misse ? 8. the clouds above much darken , and obscure the seas bright shining face , whiles they indure : so clouds of crosses sent from god , deface this worlds bright luster , much eclipse her grace ; making her e loathsome in these very eyes , which in her sun-shine , did her over prise . 9. those fogges , cloudes , stormes , which darke the light-some skies ecclipse the sun-shine , worke much harme , arise out of the f sea at first : most cloudes of woes mists , fogges of sorrowes which doe interpose twixt men and heaven , hiding gods sweete face and presence from them , with his rayes of grace , g vexing their hearts , mindes , soules , doe ever spring from this worlds seas , which nought but mischiefe bring . o let us never fixe our mindes or hearts on her , that is the cause of all our smarts ! 10. the lowest ebbes seas highest tydes succeede : mens greatest falls from this worlds heights proceede ; expect then when her tydes doe highest flow , some h great approaching ebbe to bring thee low . let not then her spring tides of happinesse make men secure , proud , haughty , or to blesse themselves without good cause , since none so nigh are to a fall , as those she mounts most high . 11. the breaches which the sea makes on the maine are i hardly made up , or repair'd againe : the ruptures which this worlds floods dayly make upon those soules they batter , enter , take , are k hardly cured and stopt up ? beware their breaches then , and them prevent with care ; their entrance is at first with ease debarr'd but once got in , them to repulse is hard . 12. all rivers l run into the sea , yet still it empty is , and never hath its fill , the streames of most mens cares , thoughts , labours , braines , into this worlds sea run , which yet remaines as m empty as before . o then bestow nought upon that which never full will grow . 13. most livelesse things , as mettalls , stones , dust , sand and pondrous bodies n sinke downe out of hand as soone as cast into the sea ; where drown'd , they are so lost , that they cannot be found . yet trees , which mount from earth up to the skie whiles they are growing ; and such foules as flye up towards heaven , safely o swim , and ride vpon the sea , not fearing , winds , stormes , tide : so men , deprived of the life of grace made all of p earth , on which they fixe and place their hearts and thoughts ; no sooner lanch or fall into this worlds sea , but they sinke downe all so deepe into it , that it q drownes them quite , and in a moment swallowes out of sight . whereas gods chosen saints , whose hearts and love are ever centred on the r things above , and soaring upwards , safely swim and beare themselves above her floods , and still appeare . 14. sea waters quench not , but increase the flame on which men cast them . this worlds doe the same ; her streames s augment , not quench mens raging fire , the more they have , the more they still desire . why should we then affect her floods , or store which never make us rich , but ever poore ? 15. the sea still t moves and runs with wind and tide , these steare this world , and doe her rudder guide : if times , winds , tide , move with us , then will she runne v with us too , and friendly seeme to be ; but let them once , begin on us to frowne , shee 'le joyn with them to wreck and cast us down . o falfe deceitfull world , who dost forsake all when they neede thee most , and never take their parts but when they neede thee not , adieu : unconstant friends are ever false , not true . 16. the sea the earth doth compasse and x surround , some parts whereof by it are often drown'd : just so this y world environs men about , their soules to swallow , so that ' few swim out or scape her danger . o thrice happie he that can saile through it , and not drowned be . 17. sea fights of any other are most fell , fierce , bloody , dangerous , hot and terrible . the battles which this z world doth dayly make against mens soules them to destroy , or take , are farre more dangerous , deadly , worse than those wherewith the flesh , or devill them oppose : her engines , traines , assaults , theirs much exceede , and none can scape them without speciall heede . 18. as ships built on the land with force , toyle , be still lanched and dradge out into the sea : so man whence once form'd in his mothers womb with painefull a labour is enforst to come ; and lanch'd by her into the worlds wide sea , where he from winds and stormes is seldome free . hence he with sighes , teares , cries , b laments in vaine , as soone as borne , what he must here sustaine : o let us then with c songs and shouts of joy leave this worlds sea , which doth us sore annoy : and sith we enter it with teares , cries , paine , its madnesse thus to part from it againe . what we with force , griefe , sobs , first undertake ; we should with d chearefull hearts at last forsake . like ships , which gladly runne themselves a shore ; because perforce lanch'd into seas before . and yet the most with greater e griefe ( o sinne ! ) depart this world , than they it entred in , and must by might , with grones , teares , shreekes and cry be puld out thence , and forc'd with woe to dye . blessed lord god , so steare our ships and helme through this worlds sea , which would us overwhelme , and wrecke for ever , that we may at last gaine heav'ns blest port , and there sure anchor cast . meditations of the sixth sort. in fine , the sea suggests to each good mind these meditations which are yet behind . 1. first , when we see the sea , it readily presents that vow and f baptisme to our eye , which make us christians , and oblige us still the g world , flesh , devill , with their pompe , lusts , will quite to renounce ; and ever to obey gods holy lawes , who washt our sinnes away in these baptismall waters ; to the h end that we by sinning should no more offend his sacred goodnesse , but spend all our dayes in just , good , holy actions , to his praise . o then when ever we the waters see let these things to our mindes recalled be , to mend our lives , renue our vowes , and make us world , flesh , devill , and their lusts forsake . 2. crosse-seas whose boisterous tydes by turnes oresway each other , and enforce their streames to stray quite from their proper course , and over-beare them so , that they their motions counter-steare to that course they intend ; in lively wise a newborne christians state unto our eyes present , in whom two i crosse seas , tydes contend and meete each day , contesting without end to over-beare each other : sometimes the floods of their fleshly lusts prevailers be , and over-beare the spirits counter-tydes , which at the last prevaile , put flesh besides its course and channell , and through heav'ns great might beare downe its streames , and over-comes them quite . 3. the floating sea when it invades the land , and drownes the coasts that next unto it stand ; paints out that k deluge in the dayes of noy which did the wicked old world quite destroy . and then instructs us with all care to flye those sinnes which l drowne us for eternitie , both soule and body in the fiery lake . this thought should move us , all sinnes to forsake . 4. when we behold men , goods , lead , stones , m sinke downe into the sea , which them doth quickely drowne so deepe , that they can never rise againe : it paints forth hell unto us very plaine , that sinkes , n drownes , tortures , for eternity mens soules and bodies , which there chained lye , so fast , so deepe , that they can never rise , nor swim out thence : which should us all advise , to flye all sinnes ; yea , more to feare and minde this fiery lake , whence none redemption finde . and sith all feare in seas for to be drown'd , how should they dread this lake , that 's more profound . 5. the sands on sea-shores , which doe farre surpasse all o number , shewes us like a christ all glasse those multitudes of sinnes that in us breed which doe the p sands in number farre exceede , to make us humble . and each flowing tide , which doth the sand both moysten , drowne and hide from time to time , instructs us every day , with floods of q teares our sinnes to wash away ; and in christs r blood them so to drowne , and hide , through faith , that they may be no more espide . if thus we thinke , learne , doe , by what we see , from day to day , thrice happie shall we be . 6. the springing tide which by degrees doth flow to full-sea marke , and then by steps falls low , with ships first built , then lanch'd , next rigd , then sent and put to sea , till they be wreckt or spent : paint out mans s birth , growth , age , death to our sight , with all those floodes , ebbes , changes that doe lite upon him from the wombe unto his urne , where he meere t dust , shall unto dust returne . 7. the v arke of old , which on the floods did floate , and saved noah , with each shippe and boate which crosse the seas , and those in safty keepe that in them saile , when others in the deepe depriv'd of these , are drowned ; sweetely shew to us gods churches state , which here below on this worlds sea , doth x safely floate and ride ( though y tost and torne with tempests , windes , and tide ) and z saves all such as in her saile and stay ; when all without , are drown'd and cast away . let this induce us in christs church to dwell , live , dye , for feare we drowne , and sinke to hell. 8. the vastest sea is a bounded , and obeyes the lawes and edicts , which god on its layes , as well as smallest springs , or streames : how then dare greatest monarches ; princes , kings , or men themselves deeme boundlesse , lawlesse and exceede the bankes and b lawes which god to them decreed ? let sencelesse seas now teach them to containe within due bounds , and not to over-straine . 9. when seas through winds or stormes doe c overflow , or breake their bankes , great mischiefes , losses grow from thence to men and beasts , ( which then are drown'd ) and all such places which they doe surround : when kings , or great ones out of avarice , pride , lust , ambition , or some other vice out-swell , or breake the bounds which god hath set , a d flood of woes and mischiefes they beget , wherein they drowne themselves and many more ; and then , too late , their dismall fates deplore . let kings and grandees then take speciall heede , how they their fined bounds breake , or exceede . 10. the sea below doth ever flow ebbe move , as e god himselfe doth steare it from above : so men on earth , their thoughts , words , acts should frame and guide , as f god above directs the same . 11. now waters ever stinke or putrifie whiles they within their g channels move , and lie : but once remov'd out of their proper place , or let lye still , they stinke , and lose their grace . thus men doe seldome rot in sinnes , lusts , vice whilst they their h honest calling , exercise and keepe within their compasse . but if they grow i idle , lazie , or begin to stray out of their fixed stations , in short space they rot and stinke , in sinnes to their disgrace . o then beware of sleepe and idlenesse which k rot and slay the soules they once possesse . 12. when i perceive the seas sweete flowing tyde upon the drie sands , shores to creepe , steale , glide by senselesse steps , untill it drowne them quite : it represents unto my thoughts , minde , sight , howsinnes and vices by l degrees , creepe , grow , on men , till they them drowne and overflow . o then let all , their first progresse withstand else they will them soone m drowne , as seas doe land : nay worse ; since flowing seas still ebbe againe , and leave the sands dry : sinnes still flow and gaine on men , and drowne them each day n more and more they know no ebbes , but flow and ne're give o're . 13. the ebbing sea which all its filth behinde leaves on the shore ; should put all men in minde how their ebbes , and afflictions should still make them all their filth of sinne quite to o forsake ; which being once cast up upon the shore , must p never be resumed by them more . 14. when i behold our females wash away with water , all blacke spots of inke , soote , clay , which on their faces fall by accident , i wonder much , and cannot but lament to see some spot their faces studiously with anticke patches of a sable dye ; should god himselfe their visage thus bespot they would repute it an uncomely blot a great dishonor , and use all their skill to cure , or hide such blacke spots , moles as ill : how dare they then use artificiall spots which they , if native , would repute for blots and deeme a blemish to their beauty , nay a sad ill omen ? may i not then say q these spots are not the spots of gods children which make them odious to god and good men , who love r no spots , since christ his blood out-shed to clense his chosen from all s spots and dread , wash off , renounce these satan spots , least he them satans spots adjudge , and you to be his marked vassals , not his owne washt traine sith such blacke spots upon your face remaine . to weare white linnen t spotted , is disgrace , what is it then to weare a spotted face , and that in gods owne presence ? certainely it cannot but be sinne or infamie . a spotlesse soule abhorres a v spotted face which where all 's cleane within , can have no place by christs owne verdict , so that all may feare inward uncleannesse where such y spots appeare ; which spring no doubt from * pride , lust , wantonnesse , or following great vaine persons antique dresse , the sea which hates spots , shall in judgement rise against all who with spots their fronts disguise . 15. the flowing seas , which seeme to kisse , embrace the shore in lovely sort , yet in short space recoile againe , and leave it naked , dry , and faster from than to it use to flye , paint out in lively sort before our eyes those hollow hearted friends unconstant guise who in the flood of mens prosperity can hugge , embrace , protest to live and die together with them , but as soone as they begin to ebbe , and their estates decay , forthwith z retire , and in post from them flye , leaving them naked in their misery . this is the common friendship , now adayes , wherein true friends deserve both love , crownes praise , who still sticke closest in a adversity and then draw nearest when all others flye . 16. few put to sea , or come a shore , but when it flowes , not ebbes , which character , that men delight to b swim still in prosperity and flowing streames , shunning adversity , with ebbes of fortune ; though the c schoole of grace and vertue , which in full seas scarce finde place : for as the flowing sea still runnes amaine towards the earth , and never turnes againe till ebbes recall it : so prosperities encreasing flood , mens hearts , minds , loves , carries still towards d earth and worldly things below drowning all graces , vertues that should grow within them ; till some crosse ebbes which befall them , their hearts , thoughts affections quite e recall from earth and worldly things , to things above turning the streame of their desires , hearts love to god and grace above , the port , but , end to which our thoughts , acts , motions should still tend . o f happy ebbes , which mount our soules on high and them translate from earth above the skie : were it not for these ebbes , few would arive at heavens blest port , to which they most men drive . 17. when t is full sea at one place , it is then low ebbe at others , it s just so with men : somes wealth , flood , greatnesse , others make poore , low . and these their ebbes , cause them to spring , rise , flow . t is never full sea at once in all climes , nor in all mens estates , which have their times to g ebbe and flow by turnes ; we cannot all be happie here ; when some rise , some must fall . yea , those who have the highest worldly flood , have oft with it the lowest ebbes of good : their floods of h worldly wealth , pompe , state , effect strange ebbes of grace , and make them god neglect . 18. the sea in calmes , and where no rockes , shelves lye , to crosse its course , runnes smooth without waves , cry ; but crost by winds , stormes , rockes , sands , instantly it swells , roares , fumes , and rageth furiously beyond all measure , caring not to split and breake it selfe ' gainst rockes that hinder it : thus many men who seeme milde , meek and sweete of nature , whiles they with no windes , rubbes meete which crosse their wills , designes , swell fome , i rage , fret , storme , and all rules of reason quite forget . oft in a moment , when crost in their will aymes , endes , lusts , causes , whether good or ill ; and like some furious , bedlams , voyd of wit , will in their fits of cholor rather split and wrecke themselves for ever , than not have their wills in all things , which they seeke or crave . this bedlam fury doth too oft undoe those it possesseth , if not lookt unto in time , and quite subdude , especially great men , or those who would be climbing high . let all them flye it : 't is mens shame to be as mad , rash , raging , as the sencelesse sea ; and to permit their stations to transport them past the bounds of reason , in this sort . 19. when i behold men with much toyle to row , and beate the seas oft-times when crosse winds blow , or tydes against them runne till they with paine their wished haven at the last obtaine . it mindes me how all christians while below in this worlds sea , k should dayly strive and row , against all winds , tydes , stormes , which crosse or drive them from heavens port , till they therein arrive in safety : which blest harbor none can gaine without much l labour , rowing ; sweat , and paine . 20. it s dangerous crossing of the seas at night ; when neither sunne , moone , starres yeeld any light . hence most ships in the night are cast away for want of light , when few are wreckt by day ; this worlds seas are most dangerous , specially in darkest nights , when no light from on high of saving grace or m knowledge doth appeare within mens soules , whereby their course to steare . needes must men perish then for want of light to shunne rockes , shelves , and guide their ships aright . we should then for this light of grace more pray and long , than * seamen in a storme for day . 21. the deepest seas run silent without noyse when as the shallow , roare , lift up their voyce ; with horrid rage and out-cry . so we see the deepest , wisest men most silent be , making least noyse or bragges , and * patiently vnder all stormes and crosses quiet lye . when shallow pates like * empty vessels make the greatest noyse , bragges , and most on them take ; and being crost , pincht with adversity , * roare , rage , storme , vex like bedlams furiously . to bragge , vaunt , rage , foame , chafe and over-prate , is a sure symptome of a shallow pate . 22. whiles that the sun-beames on the sea shine bright they make her shine so , that she bleares the sight and eyes of men , with those meere borrowed rayes which she reflects , and so to them conveyes : but let the sunne set , or a cloud it hide , her shining luster 's gone , and not espide ; when as the sun-shine of prosperity breakes out on this o worlds sea , it bleares the eye of carnall men , and makes her shine so bright that nought to them seemes halfe so cleare , or light , though all her lustre be but borrowed rayes , which p passe away , and in her make no stayes : as soone as clouds or crosses hide this sunne , her glory fades , and all her splendor's gone ; o dote not then upon her hired light , which if it lasts all day , still q sets at night . 23. the sea is liquid , and whiles men doe thinke to walkeupon it , downe they fall and r sinke ; unfaithfull friends are like ; whiles we rest , stay on them , we fall , sinke , and are cast away . try then before you trust ; and t rest on none who are meere flesh , but upon god alone : who v never failes , when false friends from us fall and true friends dye , or cannot helpe at all . 24. when we behold seas constantly to flow in spite of winds & stormes which on them blow , twice every day ; it minds us how each day we x twice , at least , to god should duely pray , maugre all winds , stormes , sports , workes , company , that would us hinder from this piety . a type whereof the y double sacrifice of old each day , did paint forth to our eyes : and as sea-waters alwayes joyntly flow , twice every day together , whence they grow more strong and great : so every family wherein the z practice of true piety or gifts of grace reside , should twice each day morning and evening , to god joyntly pray , as well as privately ; that so their teares , sighes , cryes might sound more loude , sweete , in gods eares , and a more prevaile with him ; o happy they who with pure hearts to god thus dayly pray . 25. when we espie ships driven quite besides their course and compasse , with stormes , winds , and tydes , in darkest nights , and tempests for to crosse , saile , passe in safety , without wrecke , bruise , losse , amidst unknowne most dangerous , rocks , shelves when all b hopes of safty faile in thoughts of men , sith diverse ships have there beene cast away though stear'd by skilfull pilots , at mid-day in calmes and fairest weather : we must thence conclude , and cry , gods secret c providence ( the best and onely pilot ) did direct their helme , and them from shipwrackes thus protect . and learne that humane skill , art , nought avayles unlesse god steares the rudder , guides the sailes . no matter then what ere the pilot be , if god us guide , we shall from wreckes be free . o let us d pray to him alwayes to steare our helmes , then we no rockes , wreckes , neede to feare , and shall saile safe , whiles others who relye upon their skill , not god , wrecke , split , drowne , dye : 26. when i behold sweete pleasant streames to fall into salt seas at last , which drowne them all . i thereby learne , how worldly jollity , and streames of sinfull pleasures e end onely in seas of brinish teares , in floods of griefe , and plunge men into f hell past all releefe . fly then these pleasant streames which ever end in saltest seas , and men post to hell send . 27. when marriners or passengers long lye waiting for wind , and opportunity to crosse the seas to those ports , townes , countries to which they bound are , they will in no wise let slip , but take the first good gale ; which lost may quite undoe , or put them to great cost . their wisedome should instruct all those who lye on earth below , for passage to their high and heav'nly country , never to omit one g gale of grace which blowes well towards it , but whiles life , time , and meanes of grace endure and breath upon them , to make heaven sure , and post on to it , with full sayles each day ; for feare they * lose their passage through delay . one gale of grace or opportunity neglected , may lose us eternity . gods h spirit , which blowes when and where it will must not be slighted , but observed still : it will not ever waite , nor i strive with men and once departed , returnes not agen . 28. sea waters in their channels , are but light ; under them all a childe may stand upright : but taken thence , they very pondrous prove , a pipe or two , no gyant can remove ; whole seas of vastest sinnes are very k light on carnall hearts , who never feele their weight : whereas to humbled soules , the smallest crimes are l heavier than the sea ten thousand times ; wherewith their soules , are burden'd , and opprest , more than if mountaines lay upon their brest . the reasons plaine ; in one , sinnes in its place ; but m out of it , in hearts renude by grace . try then thy state hereby : if sinnes weigh light in thy soules seales , thy case is ill , not right . 29. the sea is o full of waters , which there lye pil'd up in heapes , as in gods treasurie , or common store-house ; who doth thence disperce them to all places of the vniverse , where they are needfull : which in lively wise paints out most sweetely to our hearts and eyes , those inexhaust , vast , boundlesse p magazines of goodnesse , grace , with all those golden mines laid up in god and christ , who day by day with open hands q disperse , and give away these precious stores , to every living thing throughout the world , and to their homes them bring . how should the thought of their vast stores , feast , cheare our hungry soules , and banish all their feare ? sith seas shall r sooner faile of streames , and dry quite up , then these stores of the diety faile , or diminish , which still open stand all needfull things to yeeld us out of hand . 30. when i consider how the seas did stand and swim at first s above the highest land , till god confin'd them within bankes ; whence they if but permitted , would soone scape away , and in a moment drowne the world againe : me thinkes it points out to us very plaine the patience , mercy , and t abundant grace of our sweete god , who keepes them in their place , though v dayly urged by our sinnes , and crimes , to let them loose , to drowne us , sundry times . and then instructs us , him not to offend , who can at will whole seas against us send , ( yea troopes of x devils ) which would soone devoure us , if not held off by his mighty power . 31. when i in y scripture read , that god did found this world on seas and floods , ●s on its ground ; i finde the cause of this worlds z ficklenesse , and all the things that we therein possesse . for how can ought be stable , firme or stayd , that on unstable , floating seas is layd ? o then make nought that this world yeelds , your a stay , or treasure , sith it floates and swimmes away . 32. the sea is homogeniall , and each small drop in it , hath the nature of it all , in all respects ; and will not b mixe , nor close with strange or forraigne things , but them oppose : which should instruct all christians , to agree , yea in faith , word , and deede but c one to be , and not to hugge , love , like , but d shun all those who in faith , life , workes doe not with them close . 33. the sea retaines in every coast and place , her native colours , and sweete azure face . a checke and shame to that phantasticke crue which e paint , and chop old fashions still for new : and to those f changlings , who to serve the time can suite themselves to every sect , place , clime ; and whiles they thus g become all things to all , in truth are nothing , and the worst of all . 34. when angry h crosse seas meete and clash together they foame , rage , roare , yea raise stormes in faire weather and tosse , wrecke , or indanger all that saile or passe their race , and over them prevaile . when potent neighbour princes , strive , war , fight one with another , with great force and might , nought else but i bloody battels , tumults , cryes , stormes , perils to their subjects still arise , which wrecke , consume their fortunes , goods , lands , lives . and of all worldly blessings them deprives . o let us then be thankefull for our peace : and k pray that it may last , and still increase . 35. the sea and skies in colour both agree , when as in most things else they different be . it s then l ill judging by the meere out-side : those who thus doe , shall oft times erre and slide . 36. all springs and m rivers runne with chearefull speed into the ocean whence they first proceede : and should not we , with equall n chearefulnesse and speed , our courses to the grave addresse ? since we from o dust did spring at first , and shall by gods decree to dust and ashes fall ? ( how soone p he onely knowes : ) thrice happy we if for the grave we still prepared be : the onely harbour where we rest secure , from all those tempests , we did here endure . 36. nor neede we feare ; since we shall not remaine still in our graves , but thence q rise up againe : for , as the ebbing sea when it sinkes low , and seemes quite lost , and never like to flow ; yet in short space returnes , and springs a fresh as high as ever ; so our corps , and flesh , though turn'd to dust and rotted in the grave , a spring , and rich returne from thence shall have with great advantage ; rising up againe free from r corruption , sinne , ach , sicknesse , paine and imperfection , in such glorious plight , that sunne , moone , stars , shall not shine halfe so bright . why should we then once s dread death , or the grave , or t lose our soules , our goods , lives , limbes to save ? since our dead corps , v lost limbes shall rise againe in such surpassing glory ; and then x reigne ( joyn'd to our soules , and never more to dye , ) in perfect blisse , for all eternity ? instruct us lord to y live to thee by grace , whiles we here saile in this seas dangerous race : then are we z certaine when we end our dayes , that thou wilt us from grave , to heaven raise where we more blisse and glory shall receive than a tongues can utter , or our hearts conceive . lord , let these b meditations of mine heart , mine owne , and others soules to thee convert , and rap them into such sweete extasies that they e nought else but thee , may love and prise . the epilogue . if all who use , crosse , view the sea , would raise such meditations from it , to the praise of its creator , spending day by day some vacant time , and pious thoughts this way ; what floods and streames of grace ? what tydes of joy and a sweetest raptures ( able to destroy those sinnes , lusts , vices , which now taint , defame their very callings , and their persons b shame , would spring up in them ? what blest calmes c of peace amidst all winds and stormes ? what great increase of faith love , knowledge , zeale , and each sweete grace might thee enjoy , whiles they the ocean trace ? how might their soules d mount up above the skie when as their ships sinke and their bodies dye ? what change of heart and life would it effect in those , who now god , and their soules neglect ? what holy , pious saints might e sea-men be , if they the sea would thus divinely see ? o! as they love their soules , let me request them , and all others , as they would be blest , hence-forth at vacant times to lay aside all sins , lusts , vices , which their soules mis-guide ; ( with wordly workes , thoughts , cares ) and then addresse their hearts and mindes in sacred earnestnesse to pious f meditations , from the sight and nature of the sea , which will g delight their drooping hearts , their wicked lives amend , and lodge their soules in h heaven ere they end . if any want instructions to direct , or helpe them in this kinde , let them reflect on this rude christian-sea-card , which may guide them , till some better card thrust it aside ; by which if they their course shall henceforth steare , they neede no rockes , shelves , gulfes , stormes , wreckes to feare . finis . a christian paradise : or a divine posie , compiled of sundry flowers of meditation , gathered from the sweet and heavenly contemplation of the nature , fruites , and qualities of gardens . by william prynne , late exile and close prisoner in the isle of iersy . isaiah 61. 10. 11. i will greatly rejoyce in the lord , my soule shall be joyfull in my god , for he hath cloathed me with the garments of salvation , he hath covered me with the robe of righteousnesse : as a bridegroome decketh himselfe with ornaments , and as a bride adorneth her selfe with her jewels . for as the earth bringeth forth her bud , & as the garden causeth the things that are sowne in it to spring forth ; so the lord will cause righteousnesse and praise to spring forth before all the nations . cant. 5. 1. i am come into my garden my sister , my spouse ; i have gathered my myrrhe with my spice ; i have eaten my honey-combe with my honey , i have drunke my wine with my milke . o friends , drinke and be drunken with love , o beloved . isaiah 58. 11. and the lord shall guide thee continually , and satisfie thy soule in drought ; and make fat thy bones ; and thou shalt be like a watred garden , and like a spring of water , whose waters faile not . london printed by t. cotes , for michael sparke dwelling at the blue bible in greene arbor . 1641. to the worshipfull his ever honoured kinde friends , m rs douse , and m rs margaret carteret , daughters to sr philip carteret knight , lieutenant governor and bayliffe of the isle of jersy . sweetenesse and beauty , two chiefe qualities of gardens , shine forth in such radiant wise in you sweete m rs douse , faire margaret prime flowers of the house of carteret , that 't were ingratitude , nay injury for me in silence here to passe you by , and not inscribe this paradise to you , to whom it is in all respects most due . deigne then to owne this little testimonie of thankes , for all your love and courtesie to me an exil'd prisner , in jersy , who shall endeavour to be till i dye , your devoted friend and servant , william prynne . a chrisitan paradise . or a divine posie , composed of sundry flowers of meditation , gathered from the sweet and heavenly contemplation of the nature , fruites , and qualities of gardens . the preface . soare up my muse upon the eagles wings , above the clouds , and scrue up all thy strings unto their highest straines , with angels layes mens soules to ravish , and their hearts to raise from earth to heaven , with those sweetest notes which gardens tender to thy plodding thoughts . a theame of meditation , so divine , rich , pleasant , usefull , that no golden mine , no hony-combe may once with it compare ; lord feast our soules with its coelestiall fare , fruites , pleasures in such wise , that they may still loath this worlds cates , with all things that are ill , tasting no pleasure but in things above , the onely dainties which they ought to love . a briefe character of a garden . a garden is an earthly paradise , no mortall creatures , but gods owne devise , ( the a first who planted gardens , which began at the creation ; god then binding man , ( the b lord of all his workes ) to this sweete trade to keepe and dresse the garden he had made : this was mans first imployment ; so as he in this respect a gardner stil'd may be ; the first and best of trades ; which c adams tast of the forbidden fruite hath much debast , and with it gardens too , which thereby lost much of their pleasure , to our paine and cost . yet in this dolefull state of sinne , and vice ; they still remaine mans terrene d paradise ; yeelding not onely profit , but delight . foode , cates , salves , phisicke , pleasures to the sight , and other senses ; solacing the minde with sundry objects which it there may finde , it , and the body to refresh and cheare , when as they tired , vexed , grieved are . but this is nought to those soule-ravishing , sweete , heavenly meditations which doe spring from gardens , able to rap and inspire the coldest muse , with a coelestiall fire ; yea melt the flintiest heart , and it advance above the spheares in a delightfull trance ? these make an eden of each garden-plot , and here are fallen to my muses lot. meditations of the first kinde . 1. first then , a garden paints out to our eyes and hearts , its prime e inventor , god most wise ; whose peerelesse f wisedome , art , skill shine most bright in every tree , plant , herbe , flower which our sight beholds in gardens ; whose variety . in smell , taste , colour , forme , fruite , quality , and usefull vertues for all maladies , wounds , ulcers , aches , stripes , infirmities of man and beast , ( so many that mans art hath not as yet found out the thousand part from adams fall till now , ) at large descry gods matchlesse art and wisedome to each eye . view we the goodly colours , beauty , frame , embroidry , carving , fruites , leaves , rootes ( which shame and pose all artists ) with the joynts , and sweete proportion of those parts , which in them meete ; and we must needes confesse him g onely wise who these rare peeces did at first devise , without a patterne ; and doth dayly raise such worlds of goodly fabrickes to his praise . o let our hearts , words , workes , still celebrate his h boundlesse wisedome , who did these create . 2. that most transcendent beauty which we see with dayly admiration in each tree , plant , herbe , carnation , lilly , tulip , rose , with worlds of other flowers , which the nose affect with i pleasant smels , and beautifie the earth and gardens , more than starres the skie , shining with rarest colours of each kinde , so fresh , mixt , sorted , that they rap the minde into amazement ; sweetly manifest , in some darke measure , to each pious breast , gods most surpassing k beauty ; to whose l light the noone-day sunnes more darke than any night . why doe we then like doting fooles admire a comely face , necke , hand , bush , brave attire , or waxe proud of them ? ( as most doe , ) since grasse , trees , m lillies , flow'rs , in beauty farre surpasse the fairest kings queen's , ladies , whose hands , face and rich array , compar'd to these , are base . o! if we dote on beauty , let the rayes of n gods eternall glory , past all praise and comprehension , pierce , melt , rap , transport our soules with o love , & scorch them in such sort , that they may ever burne with its sweete flame , and deeme all beauty else not worth the name ; being imperfect , p fading every houre , not halfe so lovely , comely as a flower . 3. each plant , herbe , roote , grasse , flower which doth grow , in gardens , q gods almighty power forth show . since all the monarches , artists , men that live , with all their might , wit , skill , can never give life to existence to the smallest flower . much lesse an essence : o what little power is there in greatest kings ; who cannot make one grasse , herbe , plant , though nestors yeares they take to doe it ! o , what wondrous potency is there in god! whose r word did instantly create all creatures , herbes , trees , plants that grow , in gardens , orchards , woods , fields here below ? o let our minds , when we these creatures see , upon his s mighty power still fixed be : which as it t dayly makes the fairest trees , plants , herbes , and flowers , spring by sweete degrees out of the vilest dust ; can likewise raise us from the very grave , his power to praise . be then our v cases , crosses ne're so ill , take courage , god can mend them when he will ; and in due season make us spring againe , like withered plants , herbes , flowers , after raine . 4. gardens shew forth x gods goodnesse to mankinde , which he who seeth not in them , is quite blinde . for , doth not that great , sweete , variety of garden plants , fruites which delight the eye and other senses ; ease , helpe , and redresse all paines , wounds , sores , diseases that oppresse both man and beast ; yeelding them physick , food , salves , sauce , cates , cordialls , fumes , cloathes , all that 's good or usefull for them , plainely y manifest gods gracious bounty to each man and beast ? o what abundant service , z thankes , praise , love , are due from man unto his god above ? who hath thus stored gardens , fields , each place , with such great plenty of these gifts of grace ? o , let us blush that we serve , love , no more god , who hath blest us with this happie store . and hence conclude in our necessity , that this good god will a all our wants supply : he who our gardens doth with these things store , our bodies , soules , will feed , feast , fill much more . 5. a garden like a glasse , gods b providence reflects most clearely , to the dullest sense ; who for mans use and service in each clime , makes trees , plants , herbes , flowres , seedes c spring in due time , which are most usefull , fit to ease , heale , feede , and helpe those in the countries where they breed . and placed neare him great variety of herbes , salves , phisicke , for each malady , both easie , cheape and ready still at hand , if he their vertues did but understand . o what a tender d care hath god of man , thus to provide for each disease that can , or doth befall him , such cheape , ready cures ! o e praise him for this care which still endures . and sith that he our wealth doth so respect , let us f take heede , we never him neglect ; nor yet our selves , but thankefully g make use of what may to our health , or ease conduce . lord , when we walke in gardens to delight our mindes , or sences , let the sweetest sight of thee , and these thy attributes , which they present most clearely to us day by day ; rap up our soules into such extasies , that they nought else but thee ; may love or prise . meditations of the second ranke . moreover gardens lively represent christ to our eyes and mindes , with blest content . 1. for first , as gardens , yeeld all h rarities and pleasant objects to delight the eyes and other sences ; so all pleasant , sound soule-chearing i comforts , joyes in christ are found . our hearts to solace ; whence most sweetnesse springs when we taste nought but gall in other things : o blessed jesus such soule ravishing groves , streames of k sweetest cordialls from thee spring to cheare our drooping soules in all distresse , that did they once but l taste their lushiousnesse , and more than honey sweetnesse , they would be rapt and m inamor'd with nought else but thee . o let me feele how good , how sweete thou art . then thou alone shalt feast , fill , have mine heart . 2. againe , as fruitefull gardens bring sorth store of n herbes , receites , for every sickenesse , sore , wound , vlcer , ache that hapneth to mankinde . so in our o saviour christ , our soules may finde a soveraigne herbe , balme , salve for to appease helpe , heale , each sore , wound , ulcer , ach , disease that doth or can them any times annoy , grieve , paine , perplex , or threate them to destroy : are then our soules sicke , wounded , like to dye with any sinne , or deadly maladie ; o let us then p resort to christ with speede , for herbes , salves , physicke , all else that we neede ; whose q blood 's a royall balme , receipt to save all soules which from it helpe , health , phisicke crave . 3. gardens still yeeld a pleasant fragrant r smell , and rich perfumes ; christ doth them farre excell in his s sweete-smelling odors , which ascend into gods sacred nostrells , to amend perfume and sweeten , all those stinking , sowre , vnsavory prayers , which to god we powre , in christs sweete name ; whose horrid sent and stinke ( more loath-some than the vilest kennell , sinke , ) would else so much t offend his sacred nose that he both it , and his eares too would close against them ; yea v detest , both them and us ; where now these odors make them gracious , farre x sweeter than the richest sent that can be found out , to delight the nose of man. and as christs fragrant perfumes farre excell the sweetest incense , in his fathers smell , so doe they likewise in the sent of those whom he hath chosen ; to whose sacred nose the fragrant'st odors matcht with y christs are stinke and more unsavory than the foulest sinke : sweete jesus let thy pleasant perfumes move , and ravish all our soules , with thy sweete love. 4. gardens have pleasant z fountaines , where we may our bodies bathe , and wash their filth away , yea quench our thirst , our heates coole , and revive those trees , herbes , plants that fade , and make them thrive . christ hath a pleasant a fountaine , spring , or well of sweete and living waters , that excell all others , springing in him , where we may bathe , coole , refresh our soules , and wash away the filth of all our sinnes ; and eke revive our withering graces , and them cause to thrive . lord ever ba the our soules in this blest spring , which will both health , joy , safty to them bring . 5. most pleasant b hearbes , rootes , fruites in gardens grow , to feede and feast mens pallats : such fruites flow , and spring from christ , our soules to fat , c feast , cheare , as farre surpasse all cates that gardens beare ; no honey , marrow , manna may compare with his rare sweete-meates , and coelestiall fare . o come and d taste how sweete christs dainties be , then will we long to feast with none but he. 6. gardens are fraught with arbors , trees , whose e shade cooles and repels heate , stormes which would invade , and scorch us sore : christ hath a f shade most sweete against all scalding heates , all stormes we meete , yea from his fathers burning wrath and rage , which none but he can quench , coole , or asswage : o then in all such scorching flames still fly to christs sweete shade , for ease and remedy . 7. gardens are full of g beauty and delight and so is christ in all his chosen's sight ; none halfe so h comely , lovely , faire as he , in whom we nought but comelinesse can see . o let his beauty i kindle such a fire in all our soule , as never shall expire ; and may consume all flames of lustfull love , wedding us onely unto christ above . 8. gardens are ever rich and fruitefull ground ; all usefull herbes , k trees , fruites in them abound ; christ is the l best , prime peece of all man-kind , in whom alone all good things we may finde at any season , in such copious store , as will suffice mankinde for evermore . o then m resort to him for every thing we want , in whom all good things grow and spring . 9. the seedes , plants , rootes which we would have to grow . in gardens , we n there bury , set , or sow : so christ that he might grow and fructifie , o within a p garden did intombed lye , where q springing up from death to life againe , he fild the q world with his increased traine ; which iury onely did confine before , but now the world , which scarce conteines his store . 10. christ , here on earth did gardens highly grace r resorting oft unto them , in which place he was betray'd , entomb'd , rais'd up , and then first there appear'd to mary magdalen . each garden then we see , should still present christ to our sight , minds , thoughts , with sweete content ; wherein with eyes of faith , we may behold christ walking with us , as he s walkt of old with his disciples , to instruct , joy , cheare , our blind , sad hearts , and banish all their feare : here may we view false t judas , him betray , with fained kisses ; and thence lead away with bands of catch-poles , arm'd with , swords , bills , staves ; to teach us to beware such flattering knaves , who are most treacherous when they seeme most kind : and that a judas we shall ever finde amidst christs choyce apostles ; who for gaine will both betray christ , and his chosen traine , and them in their sweete gardens trap , surprise , where they no danger saw , nor could devise : here , may we eye v christ lying in his tombe to sweeten death , and all our graves perfume . here may we see him x rise up the third day to conquer death , and take his sting away , leading him captive in triumphant wise that we might learne his terrors to despise , and never dread this y vanquisht enemie , who kills us once to live eternally . here may we view our bodies , by z death slaine and turn'd to dust , by christ rais'd up againe in glorious state , to live in endlesse joy above deathes reach , and all them can annoy . here may we finde our saviour still appeare from day to day , our drooping hearts to cheare , in each roote , seede , plant , herbe , which shall arise out of the earth ; which a shewes him to our eyes ; what neede of popish pictures then to bring christ to our eyes , minds , thoughts ? sith every thing , plant , herbe that in our gardens sprouts , lives , growes , his life , death , rising , farre more clearely shewes ? b away then with these cursed idolls ; we christ no where else will ever seeke , view , see but in his c word , workes , sacraments , wherein we onely can behold him , without sinne ; and when we long him , or his acts to eye , if bibles faile , each garden will descry them to us , in more sweete and lively wise , than all the pictures papists can devise . blessed lord jesus when we ever walke within a garden , let us with thee talke , in such sweete contemplations , and delight our soules , eyes , senses with thy blessed sight , which every garden tree , plant , herbe , flower , grasse , reflects more clearely than a christall glasse : then shall each garden which we view or see , a blessed second d eden to us be . meditations of the third classe . a garden is a map of paradise , the plot , e from whence all gardens took their rise . compar'd , they suite , and make an harmony , which cheares our soules with its sweete melody . 1. for first , as god did f eden plant , decke , fill with choycest trees , herbes , fruits ; so men doe still their g gardens with these dayly decke , store , grace , and more enrich , than any other place . 2. eden was full of g pleasure and delight of goodly trees , flow'rs , fruites to please the sight , and pallate : so are h gardens , where we finde most pleasant objects both for eye , mouth , minde . 3. eden was very i fruitfull : gardens are the k fertil'st plots , and most fruites ever beare . 4. eden was seated close by l rivers sides , and watred with their christall streames and tides ; thus are most m gardens seated , that they may become more fruitfull , pleasant , greene , fresh , gay . 5. eden was kept and drest by n adam , who was bound by god this taske to undergoe . and who but o men , doe yet still keepe and dresse those pleasant gardens which we here possesse ? beasts , horses , oxen , helpe to till our ground , fit to dresse gardens , onely men are found . hence may we learne that god p hates idlenesse in all estates , who ought still to addresse themselves to some good honest worke , art , trade , sith adams q set to worke as soone as made ; though the sole monarch of the world , and all the creatures in it ; which before the fall were at his meere command , and did afford him all he needed , r of their owne accord . 6. god had no sooner adam made , but he him s plac'd in eden , happie there to be , as in the choycest , fruitefulst , pleasant'st plot this lower world could unto him alot . all take delight in t gardens to reside , the onely edens where they would abide : whence all who have but one small piece or plot , of earth , will to a v garden it alot . 7. man entred x into eden voyd of sinne ; o let us thinke of this , when we begin our garden doores to enter , that we may avoyd all sinne , which y mankinde first did slay ; and dayly strive to be as innocent as adam , when he into eden went. 8. the tree of knowledge ( which did typifie christ , or his sacred word to adams eye , ) in z midst of eden stood : thus each plant , tree which we in midst of gardens chance to see , christ and his sacred word in lively wise present , shew , point out to our mindes and eyes . 9. eden a a serpent had which did betray first eve , then adam , and them cast away by his temptations , their credulity . no wonder then if we sometimes espie not onely weedes , but serpents , adders , snakes , toades , & such vermin ( whose meere aspect makes most men to tremble ) in our garden-plots , to make us feare that b serpent , which besots , betrayes , and stings us still through pleasures , vice . as he did adam in old pardise : o let us then in no place rest secure ; sith he in eden did man first allure . much lesse in pleasant c gardens , where he still tempts men and women oft times unto ill : 10. the d first and mother sinne , from whence all vice sinnes , mischiefes spring , was hatcht in paradise : here father adam caught that breake-necke fall , which in a moment quite undid us all . o let our gardens put us still in minde of this great sinne , whose reliques we still finde remaining in us : and let every weede we see in gardens , cause us to take heede that no one sinne within us ever spring , to worke our ruine , or our soules to sting . 11. man had no sooner sinned , but god e cast him out of eden , and then layd it waste ; cursing the earth with thornes , weeds , barrennesse for his offence , which he before did blesse : when then our gardens , weedie , barren grow thinke of the cause from whence these evills flow , ( our sinne ; gods curse : ) and when we enter in , or issue out of gardens , let that sinne which moved god man-kind first to exclude . from edens blisse , with teares be of us rude . we cannot over-ponder or lament that sinne which man out of his eden sent . and learne from hence , that none gaine ought by vice , or f sinne , at last , but losse of paradise . 12. man banish't eden for his wilfull sinne , was ever after g barr'd from entring in againe , by a bright sword with fiery flame which turned every way to guard the same . the hedges , pales , walls , doores , that close and fence our gardens , to keepe men and beasts from thence , should ever mind us of this sword , that vice , which thrust and kept man out of paradise : and teach us with all care , paines , industry , to strive to enter h eden that 's on high . since we are thus excluded this below , the very place whereof none this day know ; 13. mans losse in edens garden , might affright us all , and dampe the joy , mirth , and delight , which gardens yeeld ; yea had not christ repaird , what man there lost , we should have quite despaird . but now take courage and no more complaine ; christ in a garden hath restor'd againe what adam therein lost ; that wee might all be there repair'd , where first we caught our fall : which that i may with sweeter fruit declare , i 'le christ with adam ; place with place compare . 1. adam at first in eden was i betraid , and trap't by those snares which the serpent layd . christ in a garden was betraid , and snar'd by judas , k and those troops which hee prepar'd . 2. adam in eden l caught that break-necke fall which in a moment did undoe us all : christ in a m garden tooke his lowest fall into the grave , which rais'd and made us all . 3. adam there fell in n state of innocence , and wreckt us all , by this his prime offence : christ in o a garden fell , though free from fault , to make us guiltlesse , and our state exalt . 4. adam p by sinne , christ q for sinnes onely fell : hee for his owne ; christ , for those in us dwell . 5. adam fell r flat , but could not rise againe : christ fell ſ but rose , nought could him downe detaine . 6. his fall himselfe , with all t his race downe threw : christs fall him rais'd , with all his chosen crue . 7. he in a v garden fell ; there christ arose to save man there , where hee himselfe did lose . 8. adam there falling , did x corruption bring vnto himselfe , and all who from him spring : christ dead and buried here , did y never see corruption , and all his did from it free . 9. hee fell in eden z by the tree of life of which hee ate , allured by his wife : which tree ( that in the a midst of eden grew ) instead of giving life b him and us slew . wee by our c eating of this blessed tree of life , christ jesus , are thereby made free from death and hell , who planted was , and lay d entomb'd amidst a garden , e death to slay : 10. adam was f thrust from eden to his losse : christ from a g garden lead was to his crosse . 11. he h banisht eden , could returne no more , christ all his chosen thither to restore , dragg'd i from a garden , was brought backe againe and there entomb'd , as soone as he was slaine . 12. in eden k death against man first prevail'd : death in a l garden was by christ first quail'd : here he arose againe from death : and then appear'd there first to mary magdalen . winning the field of deaths , sinnes , devils host , in that same place where adam first it lost : and there triumphed over all this sect , where they their trophies did at first erect . needs must our gardens then be very sweet , and pleasant , where these acts of christ all meet : which rightly pondred by us , in a trice , would change each garden to a paradise , and make us see , that we by christ gaine more in gardens now , than adam lost before . sweet jesus when a garden we espie rap thou our soules into an extasie . with these , or such like pious thoughts ; that we an eden in each garden-plot may see ; and feele a blessed heaven still to grow , within our soules , whiles we are here below . meditations of the fourth classe . againe ; mee thinks a garden gods blest word doth well resemble , and therewith accord . 1. for first as m gardens yeeld most fragrant smels , so gods deare word in n sweetnesse farre excels : it s rich perfumes , and odours still entice his saints to o love it , in most ardent wise . o let our p houses , words , thoughts , acts , lives , smell of it's sweete odors , which all else excell . 2. q gardens yeeld store of pleasant fruits , rootes , cates , herbes , sallads , cordials , fit for all estates , to feed , feast , please their pallats , and to cheare their drooping hearts , opprest with paine , griefe , feare . gods blessed word is stor'd with r promises , which feed , feast , cheare , the hearts of all degrees : and are more pleasant , cordiall , sweete , and deare to drooping soules , than all this worlds best cheare . o let us daily solace , fat , feast , fill , our soules with these blest cates , & cheare them still . 3. as gardens so the scriptures yeeld great store , of ſ salves , and good receits for every sore , wound , sicknesse , griefe , which mens soules can affect , no hope of health , for those who them neglect . o let us prise these balmes , which soules can cure , if they be heal'd the bodies safe and sure . 4. gardens are full of all t variety of flowers , herbes , fruits which delight the eye . and bring most sweete refreshment and content , to such as are to meditation bent , yea all of all sorts : so gods sacred word to all of all rankes , can and doth afford a copious store , and sweete variety of u great and pretious promises , which lye dispersed in it , to refresh , joy , ease all sad dejected soules , and them appease . o with what pleasure , joy , and blest delight , may tyred drooping soules , both day and night walke in the midst of this sweete paradise , where all refreshing comforts grow and rise ? let these be still our x study , night and day , which all our griefes , feares , sins will chase away . 5. all y gardens sweet refreshment still afford to tyred bodies , spirits : so gods word to z weary soules opprest with sinne , and spent with griefe , yeelds sweete refreshment and content : here may they find blest rest , repose , and ease , when nought else can them comfort or appease . o let our soules for ever dwell and rest in its refreshing shade , which makes them blest . 6. gardens a inclosed are , gods word is so , within his b churches pale : there must we goe to seeke and find it ; sith the church doth keepe , and shew the scriptures to christs chosen sheep ; but not confirme or give authority to them , who doe c her judge , surport , and try . 7. gardens are d common both to rich and poore , to all of all sorts : so the scriptures doore is shut to none , but open stands to e all degrees of men : to rich , poore , great , and small . yea f pooremen ( most part ) have a greater share in this rich garden , than the great'st that are . 8. gardens are fruitfull , and make all things g grow , that men in season in them plant , or sow : gods word is fertile too , and h makes men spring , grow , thrive in grace , and much fruit forth to bring . 9. gardens most sweetly picture to our eyes minds , thoughts , god , christ , and man in lively-wise : thus doe the i scriptures too , in farre more bright and perfect colours paint them to our sight . he who would these exactly know and see , must on the scriptures alwaies looking be . 10. gardens are full of objects , whence we may sweet k contemplations raise from day to day , to make us better , and translate our love from earth to heaven , and the l things above : so are the scriptures . o thrice happy they who m meditate still in them night and day , to mend their lives , hearts , soules , and elevate them from an earthly , to an heavenly state . all other n studies , o matcht with these , are base , and leave the soule but in a damned case . onely the scriptures make us truly blest , and guide our soules unto eternall rest . 11. lord let us daily more and more discry the sacred scriptures worth and dignity ; our soules to cheare , feast , ravish with their love , that wee our words , thoughts acts may guide and move , as they direct , and let each gardens sight present them to our thoughts with sweet delight . that while we view this leafe of natures booke , we may more clearly into gods booke looke ; p the one whereof gives to the other light : and both conjoyn'd , will yeeld more sweet delight . meditations of the fifth sort. againe , in gardens we may view and find a lively map and picture of mankind ; and day by day both in them read and see the story of our selves , and what we bee . 1. for first those q seeds , which we in gardens saw : and bury in their wombes that they may grow , and spring up thence : present unto our eyes that r humane seede , from which we all arise , and sprout : at first sowne , planted in the wombe , and there inter'd , as in a garden tombe , till it be quickned formed and made fit to come into the world , and breake from it . 2. each seed , root , plant we see in gardens spring , and peepe out of the earth , doth sweetly bring unto our mindes , and shadowes to our eyes mans birth into this world , in lively-wise : who s breakes , and creepes out from his mothers wombe , like seede out of the earth , that he may come into this wretched world , whose misery as soone as borne , still makes him weepe and cry . 3. the weake young tender blades , and sprouts that grow , up first from seeds , rootes , plants , doe lively , shew unto our eyes and thoughts , mans infancie who t cannot stand or goe , but crawle and lye vpon the ground , like blades , grasse , sprigs new thrust out of the earth , which leane , lie on the dust . 4. their further growth in strength , height , breadth , each day ; mans * daily growth in all these , well display ; untill his youth out-grows his infancie , by senselesse steps , and make him sprout up high . 5. their progresse till they blossome and forth bring gay , goodly , lovely , sweet flowers in the spring , and summer season , aptly typifie our fresh , sweet * flowring youth , which in each eye makes us as comely , lovely , fresh , and gay , as garden-trees , flowres in the month of may ; though still as u fading as the tendrest flowre , oft cropt and withered in lesse than one houre . 6. their next succeeding fruits and seeds , expresse our riper yeares , and age of fruitfulnesse ; * fit for imployment , and the practicke part of any science , calling , trade , skill , art , or publicke office in the church , or state : for which our youth 's too soone , our age too late . 7. their full ripe leaves , fruits seeds , which bend , and * fall vnto the earth at last ; may mind us all of mans old age , which will him x bow , then cast , or bring quite downe unto the y dust at last , from whence hee sprung , and useth to z decay his strength , teeth , senses , parts , which fall away as leaves , seeds , fruits in autumne : and him make like withered stalkes , which leaves , seedes , fruits forsake ; before his aged shriv'led body dyes , whilst it weake , bed-rid , senselesse , halfe-dead lyes . 8. the * falling of their withred stalks , trunkes , boughs , unto the earth at last ; most lively shewes , that our a old age , it selfe will kill us all at last , and make us dead to earth to fall , though neere so healthy , wealthy , mighty , strong : and that , if nought else kill us , b living long will doe it : a disease which none can cure : if others scape , old men to dye are sure . 9. the buring of these old stalkes , leaves againe , when falne downe on the earth , shewes forth most plaine , before our eyes , our funerals , when we quite dead and withered , shall c interred be , and shut close prisoners in our mother d earths darke wombe , from whence at first we had our births . 10. their rotting there , and turning into dust ; instructs us how the grave shall rot and rust our corps , and turne them into e dust at last , sith god such sentence hath against them past . 11. the seedes which drop into the earth , and there f rot for a time , but yet againe appeare , and spring afresh , more glorious than before , and by their rising much increase their store : demonstrate to us in most pregnant wise , how our dead rotten corps againe shall rise out of the dust , and graves wherein they lye , in greater vigour , glory , dignity . then ever they enjoy'd ; and gaine farre more by rising , than by death they lost before . o let this arme us against all the feare of death or grave , and still us joy and cheare . 12. when wee behold some g tender bud or blade , nipt with the frost , winds , stormes , to fall and fade so soone as shot forth : wee may learne thereby how men oft times even in their h infancie as soone as borne , yea sometimes in the wombe are nipt and cropt by death , and to their tombe depart from hence so soone , so suddainly , as if they were borne onely for to dye . let younglings then , as well as old prepare for death , from which i none un-exempted are . 13. when as we view the k bravest , fairest flowers cropt , blasted , withred , vanisht in few houres : we may therefrom contemplate , how that wee by suddaine death oft blasted , withred be , cropt off , consumed in few minutes space , even in the flowre , prime , pride , choyce , vigour , grace of all our dayes , when l death from us did seeme the farthest off , and we did not once dreame of its approach . a truth we daily see , which should teach youth , for death prepard to be . 14 , the ripe fruits , seedes which wee in gardens view , pluckt off , and gathered ; clearly to us shew how m men of ripe yeares , are most commonly , pul'd off by death , and so should looke to dye , at least as soone as ripe , if not before , sith then they stand neere unto grim deaths doore , whom if he spare to pull or shake downe , they will of themselves in short space fall away , and drop into his mouth . let then all such stand n still prepar'd for death , who doth them touch . 15. each seed , fruits , leafe , flowre , blossome we see fall , fade , rot within our gardens o shew how all mankinde must fade , fall , rot , and dye like these each in his time , and perish by degrees ; and that no age , sexe , calling , state is free from death , to which they ever subject be : and so should teach all to p account each day their last , wherein they looke to passe away . 16. each garden in the yeares foure seasons paints forth to our eyes , and us full well acquaints with mans foure ages , which doe comprehend the whole race of his life , untill it end . in q spring time they depaint our infancie , and younger yeares : in summer they descry our youthfull flowring age . in autumne they our riper yeares , and drooping age display ; in r winter when they shriveled , naked are , and all amort , decayd : they then declare our old decrepid , withred , dying yeares , when , all within us , dead , nought fresh appeares , wee can no time then in our gardens be , but wee our selves may there read , know , view , see , by contemplation , in more compleat wise than in all pictures painters can devise . o let us view our selves in this bright glasse each day , and ſ see there how our ages passe , and slit away , untill wee wither , dye ; to t mind us still of our mortality : 17. besides , by meditation we may hence behold , mind , know our state of innocence before our fall : since god did u adam place in edens garden , in a state of grace , and innocence , it both to keepe and dresse , where he not long enjoy'd this happinesse . 18. yea , in our gardens we may read and eye our fall and state of sinne and misery , sith we in x edens garden caught that fall through adams sinne , which did undoe us all , and y plunge us into such a woefull state of sinne , and vice , as makes god us to hate ; and daily z spurres us unto all excesse of horrid sinnes , and monstrous wickednesse ; which a cast us headlong into hell , and make vs nought but fuell for that fiery lake , a dismall state indeed , whose thought should rent our stony hearts , and cause them to relent . 19. but not dispaire , sith in this very place christ hath restored us to a state of grace , of which it minds us , all sad hearts to cheare , and us from our collapsed state helpe reare . for as christ in a b garden was betrayd , and dead , there in a new sepulcher laid , so did he there from death rise up againe , and thereby rais'd up all his chosen traine , from their lost , lapsed , to a blessed state of grace and glory . o then celebrate , and ever blesse , praise , love , serve christ , who thus hath rais'd , redeem'd , restor'd , exalted us : and let each garden put us still in mind of these three states belonging to mankind , without whose perfect knowledge , view , and sight , we cannot know god , nor our selves aright . 20. each weed which wee in gardens see to grow , our sinfull state , and seedes of vice us shew , both from c mans fall in eden first did spring , and sighs , d groanes , teares , should from our hard hearts wring , 21. we see the fattest garden ground still breeds the largest , rankest bryers , * nettles , weedes : so greatest sinnes , crimes , vices usually , in men of greatest parts , wit , dignity , and in the richest persons , natures grow , not in the vulgar meaner sort below . the pregnant wits , best natures voyd of grace , are greatest sinnes , crimes , vices common place . o trust not then to e nature , parts or wit , which if true grace controll not , are but fit to breed those rankest weedes , which overgrow them in short space , and worke their overthrow . 22. that f fruitfulnesse and great variety of good and usefull fruits , plants , herbes we eye in gardens : minds us of that g fruitfulnesse , those usefull vertues , graces they expresse , which should still grow , and flourish in mankind , in whom , alas , we them most rarely find . what ? shall our gardens , fruitfull , usefull be , stor'd with all good fruits , herbes , rootes ? and yet wee be barren , fruitlesse , void of vertue , grace , and nought but lust , vice , weeds in us have place ? o shame ! o sinne ! let gardens teach us then , now to prove fertile , good and gracious men . 23. each gardens h glorious lustre in the spring , and summer time : sets forth mens i flourishing , gay , prosperous worldly state , which carnall eyes , and hearts , most part , doe over love and prize , without good reason , sith k within one howre it oft-times fades , and withers like a flowre . how many see wee great , rich , in good plight , at morning ; base , poore , wretched , dead , ere night ? in thrones to day , adorned with a crowne ; in chaines ere morning , slaine , or quite put downe ? all times and stories seale this truth ; be wise then now , and learn this worlds pompe to despise . 24. the suddaine blasts and winters which befall our gardens , and l decay or strip of all their lustre , beauty , flowers , fruits , represent unto our eyes and minds ; that discontent , diseases , crosses , losses , which oft blast decay , consume , dry up , spoyle , and lay wast mens bodies , fortunes , states , and in short space leave them weake , m naked , in most wretched case . a truth we daily see . let none then blesse himselfe , or trust in worldly happinesse , which every crosse , storme , sicknesse will decay ; and when our winter comes will fade away . 25. the garden flowers wee see , each yeare to dye and n last not many months : o the brevity of mans fraile , life , demonstrates to our sight in lively sort , and should each day and night , fit , and p prepare us for our dying day , and all vaine thoughts of long life chase away . hence holy men did place their q tombes of old , within their garden , where they did behold so many pictures of mortality , from day to day , and sommons still to dye ; for feare their garden pleasures and delights , should chace away death from their thoughts or sights . and should instruct us in the r midst of all our pleasures , pastimes death to mind to call . but chiefly when we in our gardens walke , where we still view him in each leafe , flowre , stalke , that fades , falls , withers . so that we are blind , yea sottish , if we there death doe not mind . 26. the new fresh garden flowers , ſ herbes , plants wee see spring up in place of those that withred be , from their seedes , rootes ; most sweetly to us shew , the new t successions in mankind , which grow , out of the seed and loynes of those who dye , whose vacant places they fill and supply . 27. when wee behold those garden flowers , herbes , trees , which seem'd quite dead in winter , by degrees when spring-time comes , u revive , sprout up on high , and flourish more than they did formerly : it sweetly shewes , minds , learnes us , when as wee with sicknesse , crosses , losses , withred be , and all amort , x that if with patience , faith , prayer , hope and stedfast confidence we waite on god , we shall revive , grow , spring , in his due time , and gaine a flourishing , farre better state , than we enjoyd before ; as job with others have done heretofore . be then our crosses , cases what they will , past hope past helpe in carnall eyes : yet y still , let us with chearfull , joyfull hearts relye , and wait on god for helpe ; who certainly will in best time , our winter season end , and us a joyfull spring and summer send : wherein we shall revive , grow , flourish more , and happier be than ever heretofore god , who our fields and gardens makes to spring , will much more cause us to z sprout , grow , shout , sing : which well digested , would us cheare and joy amidst all crosses , which could us annoy : yea banish all our a feare of death or grave , from which we shall a b resurrection have to endlesse glory , which each gardens spring , unto our minds and eyes , with joy shall bring . 28. the diverse sorts of herbes , flowers , plants , rootes , trees , of different natures , qualities , degrees , we see grow in our garden , without jarre , or discord , close together , or not farre asunder : to us aptly represent , what sweet c agreement , concord , love , consent there ought to be 'twixt men , although they be of different natures , callings , minds , degree , when planted in one country , city , place , church , houshold , or dis-joyn'd some little space . and checkes all d proud , malignant , turbulent , and greedy men , who are to discord bent ; and never rest content with what they have , but others e lands , goods , places , seeke and crave , enduring none to live in quietnesse neare them , that they alone might all possesse . 5. when as wee see weeds gardens overgrow , deface , kill herbes , flowers , fruits that in them blow , through meere neglect , and want of weeding ; wee as in a map or glasse , may thereby see , how weeds of f sinne , lust , vice men over-grow , disgrace , deturpate , kill , and overthrow , for want of timely weeding : and deface , choake all their parts , wits , vertues , gifts of grace : and so should teach us with all care to weed them out , as fast as they within us breed : which , if neglected will in short time gaine such roote , that they will in us still * remaine , vntill they over-runne , kill , quite decay our vertues , parts , and cast our soules away . 30. as gardens are the g richest , pleasantest prime parts of all the earth : so h mans the best , chiefe , primate , lord of all gods workes : which high advancement and surpassing dignity , should make him i thankefull , and strive to excell all else in goodnesse , graces , living well ; there being nought so k loathsome , vile or base as men devoyd of goodnesse , vertue , grace ; the vilest toades , or creatures we behold are better than such men ten thousand-fold . for shame then let our graces , lives , expresse , grace , crowne that state of honor , we possesse . 31. the care men have to l fence , weed , dung , prune , dresse , those gardens , orchards which they here possesse to make them fruitfull , pleasant : should excite us all with greater care , paines and delight , our soules to fence m weed , water , dung , prune , dresse , that they in fruits of grace , and pleasantnesse , may more abound ; it being to no end those , not our selves , to fence , soyle , dresse , & mend . 32. when we behold small gardens fraught with store of rarest flowres , herbes , fruits , and yeelding more of these than greatest gardens , commonly made more for pleasure , than commodity : we may contemplate , how some men of small and little stature , oft excell the tall , great , vastest , men of bulke , in gifts , wit , parts , true valour , learning , wisedome , skill in arts : and how n mean men for birth , state , fortune , place oft times transcend in wisedome , parts , arts , grace in rarest gifts , and vertues of each kind the greatest nobles , peeres , in whom we find too oft more shew than substance , lesse within than in a russet coat , or courser skinne : it is not greatnesse , honour , wealth , place then that make us fruitfull , good , or better men than others : but our goodnesse , vertue , grace , and fruitfull lives , without which all are o base what ever he their births , states , dignities by them , not these , god will them p judge and prise , the poorest men adorn'd with them q excell the greatest kings in whom they do not dwell . 33. lord , make each garden , i shall henceforth see , a christall looking-glasse , and booke to mee , wherein i may mine owne mortality and humane state so clearly view , descry , read , and contemplate , as each day to mend my sinfull life , and fit mee for my end ; still walking worthy of that humane state wherein thou mad'st mee , till thou shalt translate mee to a better in the heavens high , where i with thee shall live eternally . meditations of the sixth ranke . once more , a garden paints forth to our view , the state of gods church , and his chosen crue . 1. for first , as gardens are r choyce plots cull'd out from other common grounds that lye about , and sequestred from them for speciall use : so god his church and saints doth call , and chuse , then set apart from others , ſ of meere grace , for speciall use , and his owne dwelling place . 2. gardens t enclosed are with walls , pales , bounds , hedges , dikes , and more fenc'd than other grounds : so god his church and chosen doth u enclose , and fence with walls , pales , dikes against all foes , boares , beasts that would annoy , or roote them out , and none so safe as they are fenc'd about . 3. gardens are often x digg'd to kill their weedes ; and them to plant , sow with good fruits , rootes , seedes of all sorts , which else would not there spring , grow : so gods elect , and church , whiles here below are oft times digg'd and y plough'd up sundry waies by foes , and crosses which god on them layes , their weedes of sinne , vice , error for to kill , and them with all good plants , rootes , fruits to fill ; plant , sow , of which they were z uncapable , vntill digg'd up , and made gods arable . o let us never murmur , nor complaine when god thus digs or ploughs us for our a gain , our sins to root up , and in us to plant instead of them , all graces which wee want . 4. b gardens are dung'd , drest , kept with speciall care to make them fertile , and more fruits to beare : gods church and chosen are still dung'd , soyld , fed , with his sweet c word , and sacramentall bread , and daily d drest , kept with great cost , care , toyle , to make them usefull , fruitfull , fat , rich soyle , by sacred gardners ; else no e one good thing , no fruits of grace would in them grow or spring . o let us answer gods great cost , paines , care ! if after these we barren , fruitlesse are , it will be fatall ; f god in wrath will haste to roote us up , and lay us ever waste : 5. no choyce seedes , roots , plants , herbes in gardens grow , vnlesse men them there first g plant , set , or sow , when h weeds , grasse , herbes , plants , that are common , there spring up and grow without our cost , paines , care : no choice rare plants , rootes fruits of saving grace will spring or grow , in any church , saint , place , vnlesse god first them i plant , sow cherish there , when all by nature weeds , and ill fruits beare , and common morrall vertues ; which are found in very pagans , heathens , common ground . lord plant and store our soules with grace , that we may sweet and fruitfull gardens be to thee . 6. gardens are fruitfull k making that to grow with great increase , which men within them sow : gods church and chosen l fertile are , the seed sowne in their hearts , a large increase doth breede , though more in some than others : happy wee if such a large increase god in us see . 7. no garden soyle so good , but that it m breeds , and of its owne accord , brings forth some weeds , which not pluckt up with care would overflow , and quickly kill the fruits that in it grow : the best , the purest n churches , saints that be from weeds of sinne , vice , errors are not free , which do and will still in them daily grow vp of themselves , whiles they are here below . and not o pul'd up , kept downe with daily care , much paines , would soone hide , kill , choake all their rare resplendent vertues , graces : o then still be rooting up these weedes that be so ill . 8. p weeds in a garden are a loathsome thing ; and though we cannot hinder them to spring up there , yet still wee roote them up with speed , and not permit them there to grow roote , seed : weeds of corruption , error , sinne that rise vp in the church , or saints , to gods pure eyes , ( and their owne too ) are a vile q horrid sight , which though they cannot shunne , yet still they r fight against them , never suffering them to dwell , roote , breed within them , but with care expell , and kepe them under , that they never raigne within them , though their reliques there remaine : that church , man then is but in evill plight , which doth not thus against sinne dayly fight ; which should by farre more loathsome to us be , than all the weedes we in our gardens see . 9. as gardens , so gods church , saints ſ stored are with all the fruits , herbes , plants , of grace most rare , rich , usefull : here alone we may view , find all graces , vertues , of what ever kind ; whose shining luster and variety , make them most lovely in each sacred eye . 10. gardens are very t pleasant , sweet in smell , alluring men in them to walke , live , dwell , gods church and chosen saints are like : no place or company to all indu'd with grace is halfe u so pleasant , lovely sweet as they : wherein , wherewith they long to be , dwell , stay for ever , and x would rather porters bee within gods house , than men of best degree , or kings without it : finding more content and sweetnesse in one day or houre well spent within it , than in thousand yeares , weekes , dayes , past else where in the pleasant'st feasts , maskes , playes . those who in gods church , saints , no such delight , or sweetnesse find , may judge , their states not right . 11. and as men thus y delight to walke , live , dwell , in pleasant gardens , which they like full well : so z christ within his church , saints , walkes , resides , lives , dwels , and in no place on earth abides , delights or joyes , so much as in them : where hee feeds , feasts , rests , and doth his pallace reare . sweet jesus let my soule thy garden bee , that thou maist still delight , walke , dwell in mee . 12. no a gardens spring , grow greene , or fructifie , vnlesse the sun shine on them from on high , and clouds drop raine , dew on them to revive their withred fruits , and make them sprout , grow , thrive : no church or saint can b spring , grow , thrive in grace , vnlesse the rayes of gods most blessed face , and christs ( the sonne of righteousnesse ) bright beames , shine on them : and their sweetest showres , dewes streams , and influence from heaven on them drop , to make them beare a rich and ample crop . lord let thy church and chosen ever bee blest with these rayes , showers , streames which flow from thee : then shall they c still be green , fresh , flourishing , and store of fruits of grace to thee forth bring . 13. gardens have in them all sorts of herbes , trees , flowers , rootes , plants : so the d church hath all degrees , and rankes of men within her , high , and low , rich , poore , old , young , good , bad , here in her grow . this e peters sheet , christs net did typifie , and is a truth apparant to each eye . from hence the church hath gain'd the stile and name of f catholicke , sith all sorts in the same comprised are . let no men then seclude themselves from her , who doth all sorts include . 14. as g gardens , so gods church , saints planted are by h rivers sides , and christall streames , their rare , rich , precious fruits , to water day by day , which else would fade , and wither quite away : the living waters , springs , streams of christs blood , word , spirit , grace , prepared for their good ; still by or in them glide , run , flow , and spring , to make them sweete , greene , pleasant fruits to bring in more abundance . o i thrice wretched wee , if under these we withered , barren be . 15. when k wild bores , beasts breake into gardens , they them roote up , wast , deface , and much decay : when l cruell , potent tyrants , wolves , boares , swine , breake in upon gods church , or saints , they mine , roote up , spoyle , wast them , unlesse god asswage , restraine , divert , or quell their spitefull rage . lord alwayes m fence thy church , saints round about , against all foes , who seeke to roote them out ; and when thou shalt permit them to breake in , oh then , let them root nought out but their sinne . 16. as ripe seeds shooke downe , with winds , stormes or raine , in gardens to the earth , there n spring againe with great increase ; where every little seede a new great plant , and more stalkes , seedes doth breede : so in christs church and garden , every o drop of martyrs blood there shed , brings forth a crop , and large p increase of christian plants , who fill the places where their foes their blood did spill , to their great griefe and shame : who thought thereby quite to prevent and kill their progeny ; which they meane while did onely plant and sow , and by that blood they shed made these to grow . yea , as some garden plants , herbes often cropt spring up more thicke : so gods church , saints oft lopt , cut downe , cropt , ( nay destroy'd in carnall eyes conceit ) by cruell tyrants ; sprout , arise , and grow more thicke , great ; numerous thereby , the q more cut downe , the more they multiply : witnesse the r churches story in each age , which gain'd , increas'd , not lost by tyrants rage . o let us then be willing thus to sow our blood , that thence new troops of saints may grow , to store christ church , mantaine his cause when we are turn'd to dust , consum'd and cease to bee . 17. the garden herbes , flowers , plants which seeme ſ to die , in winter , when hid under earth they lye within their rootes or seeds , yet spring againe , when winter ends , through summers heat and raine , and shew that they were neither dead , kill'd , lost , but onely nipt and hid by winters frost ; because they thus in summer spring , revive , and shew themselves to every eye alive : most sweetly , clearly to us demonstrate , gods chosen saints and churches winter-state , whose faith and saving graces t seeme to die in their temptations , and so buried lye within their seeds , roots , that they want the sence , fruits , comforts of them : and conclude from thence , that they no doubt are quite dead , kill'd , spoyl'd , lost and they undone , by their sharpe winters frost . but yet when these their boystrous storms are past , and summer comes , they u re-appeare at last , to their great comfort , and so sprout , grow , thrive a fresh , that all see , they were still alive ; and onely hid , benummed for that space . o then let all indu'd with saving grace learne hence their drooping soules to comfort , cheare , in all temptations , cases , where they feare a losse of graces : loe , they x still remaine in safety in them , and shall spring againe . what though they cannot now them feele or eye ; wait but a while , and they shall them discry . it will not still be winter , y spring is neere ; if not before , yet then they will appeare , in greater lustre , vigor than before . lay up this blessed cordiall then in store , against all evill dayes which will us cheare , when as our graces hide , and disappeare . 18. hence may we likewise popish sots refell , who hold z gods church on earth still visible , in glorious sort , as if she alwayes grew in summer ilands , and no winter knew : when as each true church , saint , whiles here below oft feele , and find such winters , stormes , frost , snow . as quite ecclipse , z vaile , hide them , and their grace , yea make them seeme dead , livelesse for a space , both in their owne and others sence ; as i by sundry stories might exemplyfie , did not each gardens winter quarter teach this truth , and it unto our senses preach . 19. hence may each church , s t further learn to cheere ; steele , arme themselves against all future feare of winter stormes , blasts , tryalls which may shake their leaves , fruits , stalks down to the earth , & make them in appearance livelesse , voyd of grace , and in a wretched , helpelesse , hopelesse case , like gardens in cold winters : but yet shall this daunt their faith , or make their hope quite fal ? o no! this winter lasts but for a space , and then succeeds a blessed spring of grace ; which shall revive , refresh , repaire , restore ; yea much increase , what seem'd dead , lost before , as it did unto a job , whose latter end his first estate in blisse did farre transcend : o then , what ever be thy case , b relye , wait , rest on god with faith , hope , constancie , who farre beyond thy thoughts will thee translate , in his due season , to a blessed state : he who makes each grasse , plant , herbe , grow and spring , will make his church , saints much more sprout , laugh , sing . 20. hence may all raging persecutors see , that their attempts against christs church , saints , be vaine , bootlesse , senselesse , c crossing in event the very end and scope of their intent , making them more to thrive , increase , and grow , instead of working their wish't overthrow . o what a wise , sweete , gracious god have wee who workes our d blisse out of our misery ? and makes the malice of our enemies , the spring from whence our greatest comforts rise ? o what besotted , sencelesse fooles are those who gods true church , & chosen saints oppose ! they thinke to crush , but raise them : they intend to worke their ruine , yet their states amend . this e josephs brethren , f hammons enmity , king g pharaohs bloodshed , bondage testifie ; with others , whose attempts still overthrew themselves at last , but made gods chosen crue . 21. in winter season we can hardly know , dead garden plants from living ; sith in shew they both seeme dead and withered to the eye ; but when as summer comes , we presently discerne the dead from those that are alive , because the one h sprouts not , the other thrive : i grow green , heare fruits ; so when cold winters blast , benummes gods childrens graces , or them cast into a swooning fit , or lethargie , themselves or others hardly can descry them from dead christians : but when meanes of grace , and summer once begin to come in place , both are with ease discerned , k saints then spring , revive , and goodly fruits of grace forth bring : and so their hidden life by l workes declare , the other spring not , or else fruitlesse are ; and so proclaime themselves m dead . let all try their inward state of life , and grace hereby . 23. when n gardens fruitlesse be or overgrowne with weedes or thornes , they are then open throwne , pull'd up , laid wast : so when a church with weeds is over-run , and nought but errors breeds , or grosse corruptions , sins ; o god then doth cast her walls , pales downe , and forthwith layes her wast . thus doth he deale with private christians too , who by their barrennesses , sinnes , lusts undoe themselves , provoking god them off to cast , pull downe their hedge , and lay them ever wast . o let each church and christian then take heed how they prove barren , or sinnes in them breed . if gods bill of devorce be once out su'd , p there is no helpe , it cannot be escheu'd . 23. in gardens oft the shade and neighbourhood of weedes or poysonous plants , corrupt the good ; kill , blast , or harme them more or lesse : so ill lewed men of all sorts in the church , doe still deprave q and hurt the better , their meere shade hath blasted many , and them worser made . there 's no such quench-coale , plague , or bane of grace as wicked consorts , who it most deface . he who would thrive in grace must ever r flye with chiefest care , all ill mens company . 24. some stinking weedes ill favour oft devoures , unsents the perfumes of the sweetest flowers that gardens yeeld : the s noysome sent and fume of saints and churches vices oft consume , out-smell the richest odours of their grace ; which in gods nose , and mens then finde no place , whiles that the stinking savour of their weedes thus drownes their vertues sent , and it exceedes . o then roote out these nasty plants , which sinke our sweeter fumes , and turne them into stinke . 25. sweete garden herbes , flowers , spices bruis'd , intend their fragrant odors , and their sents amend ; whilst whole they t sweete are , yet their sents but feeble when chrusht , the sweeter , and their smell growes treble , thus gods deare church and saints , when pounded , broke within afflictions morter , by the stroke of gods chastising hand , doe much v augment , and more disperse their rich and fragrant sent : their fumes , but weake , and scarce discern'd before , grow ten-fold stronger , and increas'd in store : sending their fragrant odors farre and nigh , before scarce smelt by those who stood close by . i will not then repine , nor be offended at that whereby my sent 's so much amended : yea , so dilated , that its incense flyes throughout the earth , and mounts above the skies : the deare , sweete incense of an x heart contrite perfumes the heavens , and is gods delight : when as a y heart unbroken , yeelds no sent , and ne're growes sweete till into peeces z rent . 26. gardens a throughout the world dispersed lye in every clime , grac'd through variety : gods church and saints are b catholicke for place , in seate disjoyn'd , c all one in heart and grace , their graces , vertues sweete variety fills up their consort , crownes their harmony . 27. men plant no gardens , d but where they intend to dwell in person , or some time to spend , and most part onely on their proper fee , that they to them and theirs intail'd may be . god never planted church in any nation , but where he meant to fixe his e habitation , at least for lives or yeares , most usually he plants in fee ; saints for f eternity . churches , with meanes , saints , still with g fruites of grace , those for his common , these his proper place . churches may h lose his presence ; meanes decay , saints i still enjoy him , gifts shall last for aye . lord plant me as a saint , that i may be to thee , and christ , th' one heire , eternall fee. 28. all gardens k beare not the same kindes or store of fruites alike ; some fewer , some yeeld more , some plants thrive best in one , some in another , what wants in one , is still supply'd by th' other , no one abounds with all things ; all combin'd , in some or other we may all fruites finde ; just so , no l private church , or saint is stor'd with all perfections : nor doe all afford the selfesame measure , or degree of grace , their gifts , fruites , omers , vary as their place . some in their i faith excell , they all k agree in truth thereof , yet differ in degree ; others abound in k love and charity ; yet all divided in this unity : some are more l humble ; some more m patient these more n devout are ; others , more o content , those have more p knowledge ; these more q joy , or peace all one in substance , diverse in th' increase . in sum , their r graces , their degrees are many ; each one his share hath ; but the whole not any ; to strangle pride , breed love , make all s but one , sith all t defective , cyphers if alone . but joyn'd in one ( christ , whence v all graces flow ) all are x compleate , all graces in all grow . let none then thinke they have no grace at all , because not all kinds equall ; or those small and weake they have ; perchance it is y new sprung infants are perfect men , though small , weake , young , compleate in all their parts , though all not view'd at first , nor like in shape , strength , magnitude . 29. the greatest z kings in gardens much delight and plant them neare unto their pallace site : so christ , the king of kings , hath a a garden here upon earth , his church and godly men , wherein he walkes , dwels , much delights , and feeds , and plants them with all usefull fruites , herbes , seedes . eden was once b gods garden stil'd , but now he doth no other garden claime or know but his true church , and chosen saints onely : a paradise most c pleasing to his eye . 30. when as i view some garden plants , herbes , trees ( exceeding others in their heates degrees ) still z greene all winter long , unnipt with frost , when colder plants leaves , greennesse , fruites are lost ; and those not hot , quite a shriveled , kild with cold ; i doe therein contemplate and behold three sorts of christians , whose sad winter fates in persecutions , differ like their states . the strongest saints , hot in the fourth degree , or third at least of faith , zeale ; stand b firme , free from winters nips , blasts , frosts , which though they beate full sore upon them , cannot chill their heate : their inward fire still keepes them warme , fresh , greene ; when others fade , their graces most are seene . martyres were hottest , greenest , fruitefulst when frosts hid , chil'd , kild , most shriveled other men . the weaker , younger true saints , hot but in the first degree , or second , oft c draw in their heate , sap , vigour from their outward parts unto the roote and center of their hearts , when winter stormes approach , so as their greene leaves of profession fade , fall , are scarce seene till winters past : meane while their graces lye hid for the most part in obscurity , like rootes in earth , good corne in chaffe , or fire in ashes ; and as heate is low , or higher within , or frost without , so more or lesse they chill , fade , shrinke , professe or not professe : yet in these sharpest frosts d there 's life within , the hearts not frozen , shrivel'd , but the skin : when springs approach cold stormes hath chas'd away , they soone peepe up in fresh , greene , bright array . the common christians , who have no degree , of heate or saving grace e quite killed be ; and froze to death with persecutions frost , their heate before was borrowed , now it s lost : it was the sunnes not theirs , all forraine fire ; and summer fruits in winter quite expire , nor will the spring or summer them revive , no wonder , they were f dead when first alive . 31. rootes , plants , whiles they in garden-earth fast lye , are fresh and live , but taken thence g soone dye : gods true church is a christians h element wherein he lives , growes , thrives ; if from it rent , disjoyn'd , we soone fade , wither , quite expire , we have no life , but in the true church fire . 32. the plucking up , and casting out of weeds from gardens , lest they should good herbes , plants seedes corrupt and over-grow ; instruct and shew , how each true church should roote up and i out-throw by sacred censures , all lew'd wicked , vile notorious sinners , lest they should defile , deprave the good , and her quite over-grow , at last , by steps , and worke her over-throw . 33. all garden-flowers , herbes , plants contented rest with their owne k native colours , as the best ; abhorring artificiall varnish paints : so all gods chosen l plants , true hearted saints , themselves with their owne m native beauty , haire , content ; use no arts , paints , to make them faire . a counterfeit complexion , bush , face , paint . doe ill become a n sincere-hearted saint . where false o dyes , spots , appeare upon the skin , it s ten to one all 's false , naught , foule within : pride , lust , vaine-glory , chambring , wantonnesse , or vanity at least , such soules possesse . the rootes from whence these spots , prints , first arise , enough to make all christians them despise . 34. the k lowest deepest gardens most abound with fruites herbes , plants , and are the richest ground : the l humblest saints in fruitefulnesse excell , and god in them delighteth most to dwell . lord alwayes decke me with humility which makes men fruitefull , lovely in thine eye . 35. gardens have straite , sweete , pleasant walkes for men , to l walke in , and refresh their spirits , when they tyred , greeved , sicke , perplexed are : so gods church , saints , have many pleasant , rare , straite , even walkes ( gods sacred m lawes , word , wayes ) wherein to walke , runne passe on , all their dayes ; which their n hearts , soules refresh , cheare and delight , yea , all their cares , griefes , pressures make more light and easie , if not totally expell : o let us in these walkes still walke , runne , dwell . 36. when i behold the goodliest b trees , flowers , grow , and spring out of vile earth , or dung below , which have no beauty , splendor , comelinesse within them ; but meere stinke and rottennesse . me thinkes i see thereby , how gods great power , makes sweete , faire , shining c graces spring in our vile earthly , rotten , stinking , sinnefull hearts and natures ( when he us to him converts ; ) wherein nought but sinnes , vices , lusts did spring before ; and no one grace , nor one good thing : o let none then despaire of having grace because his nature , heart are sinnefull , base , corrupt and loathsome ; since god makes stinking . vile earth , dung , sweete , faire , goodly flowers forth-bring . if thou be one of his d elect , no doubt all his sweete graces , shall in thee spring out in his due time ; then neither feare , nor faint ; the e worst of sinners god can make a saint . and though flowers beauty , and mens too which spring out of meere dust , are f fading , withering , yea soone decay , and turne to dust againe ; yet g saving graces flowrish , fresh remaine , and last without decay , because they spring not out of dust , but from christ our head , king. who doth preserve them alwayes from decay , and keepe saints that they ne're fall quite away from saving grace . nay , when as our bodies are turn'd to dung , h christ shall cause them to rise out of the dust , like flowers in the spring , and to the state of endlesse glory bring . o sweete , sweete solace to each pious brest ; which here may sit downe , and take up its i rest . lord let each garden which we henceforth eye or walke in , such divine thoughts instantly bring to our mindes , to raise our soules to thee , and make us better by what there we see . the epilogue . o that all christians by this posie , i have here collected would learne instantly when as they in their pleasant gardens walke , thus with their owne k hearts , god and christ to talke by pious meditations , from what they behold within their gardens day by day . how sweete then would their walkes and orchards prove ? how would their soules be fired with gods love ? each garden then would be a paradise , a second eden to the godly-wise : i st not a sinnefull , shamefull , beastly thing for christians to toyle , walk , talk , laugh , feast , sing , play , sport themselves , or meditate onely of worldly things , in gardens constantly ; and in the meane time scarce to have one sweete ; or pious thought from objects they there meete , of god , christ , heaven , mans mortalitie , presented to them in each herbe they eye ? for shame then let us all this fault amend hereafter , and our hearts , mindes , fully bend to godly meditations , whiles we passe our time in gardens , where each flower , herbe , grasse and creature we behold , will soone suggest some vsefull thoughts to every pious breast , it to amend , and with sweete extasies to elevate above the starry skies . if any want helpe in this kind , they may till better come , make use of this essay . finis . the sovles complaint against the bodies encroachments on her : and the generall neglect she findes with most . by william prynne , above foure yeares prisoner in the tower of london ; and since that , above three yeares close prisoner in carnarvan in north-wales , and in mount-orgueil castle , in the isle of iersy . matthew 16. 26. for what is a man profitted , if he shall gaine the whole world , and lose his owne soule ? or what shall a man give in exchange for his soule ? isaiah 55. 2. 3. wherefore doe ye spend money for that which is not bread ? and your labour for that which satisfieth not ? hearken diligently unto me , and eate ye that which is good , and let your sovle delight it selfe in fatnesse . encline your eare and come unto me , heare and your sovle shall live , and i will make an everlasting covenant with you , even the sure mercies of david . 1 peter 2. 11. dearely beloved , i beseech you as pilgrims and strangers abstaine from fleshly lusts , which war against the soule . 1 peter 3. 3. 4. whose adorning , let it not be that outward adorning of plaiting the haire , and of wearing of gold , or of putting on of apparell : but let it be the hidden man of the heart , in that which is not corruptible ; even the ornament of a meeke and quiet spirit , which is in the sight of god of great price . london printed by t. cotes , for michael sparke dwelling at the blue bible in greene arbor . 1641. to the right worshipfull his highly honoured good friend , the lady elizabeth balfovre , wife to s r william balfoure , knight , lieutenant of the tower of london . madam , your noble favours whiles that i did in the tower of london prisner lye for sundry yeares ; may now in justice call for some expression of my thanks , though small . having no better meanes to testifie my gratitude , than this small poesie , devoted to your service , vse and name ; i crave your kinde acceptance of the same , and those thereto annexed ; fruites of my imprisonment ; who shall both live and dye . your obliged friend and servant , william prynne . the sovles complaint against the bodies encroachments on her : and the generall neglect she findes with most . i soule , vive a image of the trinity , the b breath of god ; the pearle , which c christ did dye to purchase ; d temple of the holy ghost , the charge of e angels , and the heavenly host . earths wonder , f devils envie ; mans prime part , the master-peece of god and natures art ; g worth thousand worlds ; whose pearelesse dignity no tongues of men or angels can descry , must here with brinish teares , and sobs relate my scorned , slighted , and neglected state , sith all my vassels , made me to attend , make me their slave , inforce me still to bend to their unjust commands , quite robbing me of their due homage , my regalite . is not this body wherein now i dwell , nought but my vassall , casket , h house , or shell ? compact of i dust and ashes , things most base ; that it might not usurpe my supreame place : yet loe this rebell slave dethrones me quite , no part thereof but robs me of my right ; receiving more k attendance , cost , paines , care from most , than i doe , though a gemme most rare : how many hundred trades , what worlds i pray , of men by sea and land , both night and day are set on worke to cloath the backe , and feede the all-devouring paunch , with more than neede ? have not the head , hands , feete , legges , necke , nay haire their l severall trades to decke , make , keepe them faire ? yet i poore soule , among the numberlesse vocations which these baser parts possesse , but one profession have ; in m worst request , least minded , least imployd of all the rest : seldome regarded till the n fatall houre . of death , or hell stand prest me to devoure . is but the body pained , o ill , or sicke ; a member bruised , hurt with sword , knife , pricke : doe head , teeth , stomacke , armes , legges , fingers ake , forthwith some good receipt men seeke and take to ease and cure them , making no delayes , and thinke no cost , paines , care mis-spent these wayes : yet i ( alas ! ) not dayes but yeares oft lye sicke , wounded , pained , p dead ; nay putrifie through many fostred ulcers , wounds , cares , sores , of horrid sinnes ; yet q none my state deplores , seekes out for cures , or once hasts to apply a salve to these my sores , through which i die , yea , all the time , paines , care and little cost bestow'd on mee , by most is deem'd but r lost . if but a little spot , dirt , dust , or fly light on the face , hands , cloathes , men presently wash , rubbe , or wipe it off with much disdaine , although it put them to some toyle , cost , paine : but i ( o wretch ) defil'd , stain'd , drench't throughout with filthy sinnes , which ſ compasse mee about and make mee loathsome in the sacred eyes of god , who t filth of sinnes most loathes , defies , remaine uncleans'd , u unwasht from day to day ; till hell surprise and sweep us cleane away . my varlet flesh , it 's pallate to delight , repast must have each morning , mid-day , night , wherein all x sorts of beasts , foules , fruits , herbes , fish , sweet meats , vines , waters , drinkes , all heart can wish , devoured are , y to fat that corpes which must feed wormes at last , and moulder into dust ; meane while , poore i , for want of food divine to feed , refresh mee , quite consume , starve , pine ; or if i word and sacraments injoy , for want of faith and grace they mee z annoy , not fat and nourish as they ought ; whereby i a famish , perish , die eternally , the backe , it 's b divers change of suties must have of velvits , silkes , stuffes , tissues , sattins , brave and new : old clothes , ragges , course , or meane aray it scornes , and will be well clad every day : but i meane time quite stript , and c naked am of all the robes of grace to hide my shame , clad onely with the filthy weedes of vice , and adams old rags , which lost paradise . d new garments of christs merits , and true grace , which may adorne mee , in so long a space , are not once thought on , nor till backe and i surpriz'd by death , in hell starke naked lye . what vast expences , labour , thoughts , time , care , have backe and bellie ? as if all things weare created for them , and man onely made to cloth , and feed these , which like e grasse shall fade , and perrish : yet how little time , paines , cost are spent on mee , by which all 's sav'd or lost ? how many houres , f dayes , nights , and yeares are spent in eating , drinking , feasting , complement , vaine chat , sports , visits , pleasures of each kind , the flesh to pamper ? whereas i scarce finde admist all these diversions , one dayes space , or houre to fast , pray , weepe , read , sue for grace . how many daily the whole morning passe , and vainly spend , betweene the combe and glasse , in combing , frizling , powdring of their haire , and wanton lockes , to make them seeme more faire ? no locke , or haire must out of order stand , but sit in print , and oft be view'd , curl'd , scand . nay , which is strange , more cost , time , now is spent upon false bushes of bought excrement , ( which some preferre before their native fleece , ) than upon mee , mans honour , master-peece ; when this is done , the backe , necke , feete , hands , face , and other parts must have their severall space for to adorne them , so as halfe che day is spent well nigh , the body to aray : and that but untill n●ght , when all this pride , attire is quite stript off , and laid aside , as if it never were . o fooles to waste time in these toyes , which not one daies space last ! yet i neglected soule , whom to adorne and daily decke with grace mankind was borne , untrimmed lie , no cost , time , paines are spent in decking mee , mans onely ornament . gods word ( the g glasse , which daily shold descry my spots , staines , filth , and grosse deformity , them to redresse , and helpe men to aray me with all robes of grace which make mee gay , ) is most part shut close , seldome look't into for these good ends , and if that any doe behold it now and then for custome sake , the i rule to dresse them by they 'le not it make . and though my sacred beauty , robes , aray , do never fade , waxe old , but last foc aye : yea adde more lustre to my baser part , the flesh , then either nature or mans art are able ; causing it to k shine with raies of brightest glory , which shall last alwaies : yet few or none spend halfe the time to dresse , adorne mee , which they wast with greedinesse upon their bodies , faces , heads , lockes , backe , themselves and mee , without gods grace , to wracke . this being now my rufull state ; o let me here beseech all who have soules , to set some tine apart to ponder my complaint thus tendred to them , vnder which i faint . and that you may just judges twixt us prove , heare but a word or two , as you mee love . what is the body , but a loathsome masse of l dust and ashes , brittle as a glasse . soone crackt and turne to rottennesse dung , clay , though fed with dainties , c●●d with rich aray ? what is the faces , beauty but a m floure which sundry chances blast within one houre , and so deforme , that wee abhorre the sight of that marr'd face which was our chiefe delight : at best , n it is a comely glasse our o shade , which sicknesse , crosses , age still cause to fade . what are our lockes , our curled brayds of haire , but excrements at best ? not halfe so faire , as plumes of sundry birds or peacocks tailes , though frizled , poudred , deckt with pearles , knots , vailes . and yet how many more proud , carefull are of these vaine bushes , than their soules welfare ? how many purchase heads of others haire , to mend gods worke , and make them seeme more faire ? spending more time , cost , thoughts on excrement , than upon mee mans onely ornament . what is the belly but a filthy sinke , jakes which engenders nought but dung and stink ? so noysome , that its sent offends the smell , corrupts the aire , even when the body 's well . what are the other members ( head , hands , feete ) but skin and bones ? without my helpe unmeete for any use , yea let mee once withdraw my selfe from the most faire corps , eyes ere saw , it 's beauty p fades , it 's flesh to rottennesse is turned , and all abhorre it's loathsomenesse . what hath the flesh or body worthy love , or praise , but that which from mee first doth move ? let mee desert them , all their worth is lost , and wither'd like grasse nipt with winters frost . why should you then , ( o fooles , bereft of sence ) from day to day , bestow so much expence , time , paines , thoughts , care on these things which so base , meane , fading are , neglecting mee and grace ? in which your chiefest good , yea , all your blisse comprized are . if you judge not amisse . if this prevaile not , but you still proceed mee to neglect , the flesh to decke , serve , feed ; tell mee , i pray you , when the dismall day of sicknesse , death , or judgement , take away , and cite you to account , how you have spent your golden dayes , for my use to you lent , what joy or comfort can you reape from all , or any of those dayes , houres , which you shall have thus mispent on belly , backe , head , face , haire , feasting , pastimes , pleasures voyd of grace ; or in the flesh or bodies servitude ? which then will too too late be of you ru'd . shall yee not then with sighs and teares lament , ( and that in vaine ) the time you thus mispent ; offering to give ten thousand worlds , that you had not bereft mee , of the time , care , due to mee alone , to fit mee for that place , of endlesse blisse , which i for want of grace , shall then be thrust from , and cast into hell , in q fiery flames and torments still to dwell . will not you then wish , you had never seene this flesh , this body , which to mee have beene so traitrous , so unkinde , mee to enthrall unto their lusts , and spurre mee into all that might undoe , damne , both them mee , and you , and wee shall in hels flames for ever rue ? if this be true : o then whiles life , time , space , are left you to repent and seeke for grace ; bewaile what 's past , and henceforth learne to be more loyall , kind , respectfull unto mee . save mee , save all ; lose mee , and all is lost , for ever with mee ; spend then all your cost , thoughts , paines , cares , dayes , on mee ; then shall you r shine , more bright than starres , moone , sunne , with rayes divine in christs owne kingdome , where you shall possesse such endlesse joyes , as no tongue can expresse . if this will not perswade you to amend , i 'le cease my plaint , and here in silence end . finis . imprimatur feb. 1. 1640. tho. wykes . comfortable cordials , against discomfortable feares of imprisonment , and other sufferings in good causes . containing some latine verses , sentences , and texts of scripture , written by mr. william prynne on his chamber walles in the tower of london , during his imprisonment there ; since translated by him into english verse . 2 corinthians 1 , 2 , 3 4 5 , 6 , 7 , 8 , 9 , 10 , 11. blessed be god , even the father of our lord iesus christ , the father of mercies , and the god of all comfort ; who comforteth us in all our tribulation , that wee may bee able to comfort them which are in any troubles by the comfort wherewith we our selves are comforted of god. for as the sufferings of christ abound in us , so our consolation also aboundeth by christ . and whether wee be afflicted , it is for your consolation , & salvation which is effectuall in enduring of the same sufferings , which we also suffered : or whether wee bee comforted it is for your consolation and salvation . and our hope of you is stedfast ; knowing that as you are partakers of the sufferings , so also you shall be of the consolation . for we would not , brethren , have you ignorant of our trouble which came to us in asia , that we were pressed out of measure above strength , in so much that wee despaired even of life . but we had the sentence of death in our selves that we should not trust in our selves but in god which raiseth the dead : who delivered us from so great a death and doth deliver , in whom we trust that he will yet deliver us : you also helping together by prayer for us that for the gift bestowed upon us , by the meanes of many persons thanks may be given by many on our behalf . printed anno. 161● . to the right vvorshipfull his very noble and highly honoured good friend , sir william balfore knight , lievtenant of the tower of london . sir , it were ingratitude and injury , for me in silence here to passe you by , and not present these cordialls unto you , sith they , and all my service are your due , for all your noble favours in the tower , which have ingag'd me to my utmost power , to be your eternally devoted poore friend and servant , william prynne . comfortable cordialls , or latine verses and sentences , written by mr. william prynne on his chamber walls in the tower of london , during his imprisonment there ; since translated into english by him . 1. translulit in coelum christi praesentia claustrum : quid faciet coelo , quae coelum jam creat antro ? christs presence hath my prison turn'd into a blessed heaven ; what then will it doe in heav'n hereafter , when it now creates heav'n in a dungeon ? goales , to courts translates ? 2. stigmata christicolis , splendentia sidera ; sanguis , purpura regalis ; mutilataque membra , decorum ; vincula , gemmatus torques ; opprobria , plausus ; vulnera , martyrium ; mors ; vita ; gravamina , lucrum . optima cuncta piis , tristissima sola ministrant ; vnica crux sanctis , via , ianua , summa salutis . brands , unto christians are bright starres ; blood spent , a royall purple ; maym'd limbes , ornament ; bonds , chaines of pearle ; reproaches , praise ( no staine ) wounds , martyrdome ; death , life ; oppressions , gaine . to godly men the saddest fates only all best things bring , and their joyes multiply ; the crosse alone to saints is the high way , gate , summe of safety , meanes of endlesse joy : 3. christus ubique pium comitatur ; carceris antrum ingreditur : turres , densissima maenia , rupes , fossas , ferratas portas , obstacula , flammas permeat intrepidus ; socius solamen , amicus , omnia seclusis , solus ; saturatque benignus deliciis superum sitientia corda suorum , discipulis foribus clusis intravit amaenus , christicolis clausis habit at conviva perennis . o fortunatus , cui con-captivus iësus , laetificans radiis tristissima claustra supernis ; vincula non illum , tormenta , gravamina moestum efficiunt , animum retinentem utcunque serenum . christ every where accompanies good men ; he goes with them into the prisons den ; the towers , thickest walls broad ditches , gates , of iron , barracadoes , flames and grates doth boldly passe through ; proves companion , friend , solace , all things of himselfe alone ; vnto close prisoners and fills plenteously the thirsty soules of his , with heavenly delights . * hee entered in the dores fast shut to his disciples , them to comfort ; but with godly prisoners he 's a constant guesse resides ; o happie he who doth possesse christ for his fellow-prisoner , who doth gladde with heavenly sunbeames , goales that are most sad , bonds , torments , prisons , make not him sad ; he retaines a quiet mind how ere things be . 4. nullatenus vinctus christi virtute solutus ; permanet immunis , clusus vel carcere vinclis . liber ubique , pius , placidus , benedictus , amoenus , indomitus ; tacitum circumfert pectore coelum : tristia laetificans , moestissima cuucta serenans ; vincula discutiens , arctissima claustra recludens . he is not bound whom christ hath made free ; he though shut close prisoner , chaind , remains still free , a godly man 's at large in every place , still chearefull , well content , in blessed case , vnconquer'd ; he a secret heaven still beares about within his brest , which sad things cheares , dispells his blackest cloudes of griefe , off shakes his chaines ; and closest prisons open makes . 5. vincula non animam cohibent , haud carcere clusam : sidera transvolitat , terram , mare , cuncta pererrat alipes , immensi fines transcendit olympi ; limitis impatiens , arctari nescia mundi cancellis ; tantum requiescens numine vasto ; securus , placidusque piis , vel turbine , portus ; no bands the soule of man can once restraine ; no prison it inclose , nor yet containe ; it soares above the starres , and swiftly flyes o're earth , sea , all things ; mounts beyond the skies , and bounds of the vast heav'ns , impatient of limits , ignorant how to be pent within the rayles of this whole world ; onely resting within the boundlesse deity ; a secure , pleasant harbour to godly men , even in a storme of misery . 6. vincula quid trepidas ? quid tela minantia ? flammas , vulnera ? quid rabidi tormenta , crucesve tyranni ? aspera pro christo , * dulcissima ; qui diadema vincenti statuit , lignique cruore paravit . scenicaturba choros , spectacula , tympana , mimos , ludicra stuprosis celebret , spectetque theatris ; vincula christicolae , mutilatio , stigmata , furcae gaudia plura ferunt , cumulataque praemia condunt . histrio , scena , iocus , saltatio , mascara , cantus , risus sardonicos generant , fictosque cachinnos . cordolium verum , gemitus morsusque perennes : dulcia post tristant , peramara salute coronant . why fearst thou bonds ? why threatnings ? weapons ? fires ? wounds ? why the torments , crosses or the ires of raging tyrants ? sith the sharpest things we undergoe for christ , most sweetnes brings . who hath prepar'd and purchased for him who * overcomes , a glorious diadem by the blood of his crosse . let then the crue of stage frequenters celebrate , and view playes , dances , pastimes , players , sports in base . and filthy theaters , where growes no grace . chaines , mutilations , pilories , brandes bring , to godly christians farre more joyes , heaping most large rewards upon them . players , playes , jests , dancing , maskes , songs , generate alwayes but deadly laughters , feigned shoutes ; * true griefe , sighes , lasting gripes of conscience , past reliefe . sweet worldly pleasures still in * sadnesse cease ; when * bitterest sufferings bring crownes , safety ▪ peace . 7. aulicus imbellis gemmis , dominaeque capillis auriculas onerat magnoque decore venustat , stigma , cicatrices , mutilatio pulchrius aures christigenae decorant , radiisque micantibus ornant , o decus eximium referentia vulnera christum : talibus insignis superis peramatus abibis . th' unmanly courtier with his mistresse haire , and jewels , lades his eares , to make them faire . when as brands , scarres , and croppings farre more dight a christians eares , and make them shine more bright . o matchlesse glory , woundes which christ expresse ! adorn'd with these , gods love thou shalt possesse . 8. passio coelipetis alpha , at solamen omega : principium lachrymis decoratur ; meta , triumphis . suffering's their ▪ alpha who to heaven tend ; but joy is their omega , finall end ; their entrance is adorn'd with teares of woe , their end with triumphs , which their griefes outgo . 9. nil crus sentit in nervo , si anima sit in coel● . the legg feeles nothing in the stockes , if the soule , minde , affections in heav'n placed be . 10. non timet is carcerem , qui scit contemnere libertatem , vitam , voluptatem , famam : cui mundus ergastulum , terra exilium , deus habitaculum , mors solatium . he feares no prison who knowes to despise freedome , life , pleasure , fame , which others prise : to whom this world 's a prison ; earth , a place of exile , god , a mansion ; death , solace . 11. servus christi etiam in vinculis , liber . servus peccati etiam in summa libertate captivus . christs servants even in prison are still free : sinnes , in the greatest freedome , captives bee . 12. nil corpus patitur in ergastulo , si animus sit in coelo . the body suffers nought in prison , when the mind it selfe is lodged in heaven . 13. quid coelum sine deo , nisi barathrum ? quid barathum eum deo nisi coelum ? what 's heav'n without god but a very hell ? what 's hell but a heav'n , if god once there dwell ? 14. nullibi incarceratur , qui ubique in christo liberatur : nunquam dejicitur , qui semper à jehova sustentatur . he in no place can once imprisoned be , who in all places is * by christ set free : he never is * dejected , who alway hath great iehovah for his prop and stay . 15. nusquam solus qui ubique cum deo ; nunquam miser quisemper cum christo , he never is alone , who every where hath god himselfe , him company to beare , he never can be miserable , who is alwayes with christ , who doth with him goe . 16. vbi deus adest , ibi non est carcer , sed paradisus ; non ergastulum , sed palatium ; non barathrum , sed coelum . where god is present , there no prison is , but a sweet paradise of joy and blisse ; no bridewell , but a palace ; no darke cell , but a bright heaven , where all comforts dwell . 17. carcer probat ami●es , detegit iuimicos ; excludit mundum , includit deum : alit virtutes , extinguit libidines , edocet temperantiam ; cohibet luxuriam ; mortificat earnem , sanctificat hominem ; ingenerat gratiam , the saurizat gloriam . a prison tries ▪ mens friends , detects their foes , shuts out the world , god to men doth inclose ; nourisheth vertues , lusts extinguisheth ; temperance teacheth , riot restraineth , quite kills the flesh , but makes the man holy ; ingenders grace , * and ire asures up glory . 1 turris christiaenos fideles fictè incarcerat , verè liberat , vnicum dulcissimum christi , iugum , [ cui subjugari est perfectè manumitti ] imponendo● multiplicia gravis simaque carnis peccati , mundi , diaboli vincula [ quibus ill● queari , est certissimè captivari , ] discutiendo . the tower true faithfull christians feinedly imprisons , but them sets free verily , by putting on them christs sweet yoake onely , to which to be subjected , is truely to be enfranchised ; by shaking off the manifold , and most heavy chaines of the flesh , sinne , world , di'le ; in which for to lye insnarde , is to be captiv'd certainely . 19. turris plurimis spectaculum , multis habitaculum : nonnullis refugium ; aliis divers●rium ; regi palatium ; regno gazophylacium , armamentarium , propugnaculum , monetarium : vinctis piis , oratorium ; papisticis , purgatorium ; clausis , monasterium ; innoxiis , hospitium ; reis , ergastulum ; literatis , musaeum ; ebriosis , oenopolium ; proditoriis , macellum . the tower is to most , a spectacle ; to many its a house , wherein they dwell ; to some a refuge ; others , a lodging ; a royall pallace , it is to the king ; vnto the kingdome it 's a treasury , armory , bulwarke , mint ' : an oratory to godly prisoners ; but a purgatory to popish ; to close ones , a monast'ry ; to guiltlesse ones , it 's an inne ; to guilty a bridewell ; to learn'd ones , it 's a study ; to idle ones a dormitory ; to drunkards , a tipling-house them to undoe ; to traytors it 's a shambles , where their head and quarters hang , when they are butchered . on his exile into iersy isle . why should this exile me grieve , discontent , sith this whole world 's a place of banishment ? and men as truely exiles are at home , as in the strangest clime to which they come ? are not god , christ , grace , heav'n to us as nigh in forraigne parts , as in our own country ? yea ; and oft times more neare : this true to be by * abraham , iacob , ioseph , all may see , i will not then flye , feare my banishment , but in it joy , and take most sweet content , sith god will me protect , * restore againe , or else translate to heav'n , with him to reigne , mine onely proper * country , wherein i shall live a free-man for eternity , in spite of my arch-foes ; whom i shall see exild , * imprison'd , * and my selfe set free . 20. deus turris etiam in turre : turris libertatis consolationis quietis , foelicitatis honoris splendoris securitatie salutis spei gaudii pacis protectionis gratiae vitae gloria in turre angustiae ; tristitiae ; molestiae ; miseriae ; dedecoris , obscuritatis ; perturbationis , perditionis , desperationis afflictionis , belli ; periculi , peccati ; mortis , perpessionis . god is a * tower in the tower. a tower of liberty , in the tower of restraint ; a tower of comfort , jollity in the tower of sadnesse ; a tower of sweetest quietnesse in the tower of trouble ; a tower of blessed happinesse , in the tower of misery ; a tower of honour , dignity in the tower of disgrace ; a tower of bright excellency in the tower of darknes ; a tower of strong security in the tower of danger ; a tower of health and true safety in the tower of sicknesse ; a tower of hope and good successe in the tower of despaire ; a tower of joy and cheerefulnesse in the tower of sorrow ; a tower of peace and union in the tower of fierce war : a tower of safe protection in the tower of perill ; a tower of grace and piety in the tower of vile sinne ; a tower of life , eternity in the tower of grim death ; a tower of glory and great praise , in the tower of suffring : such tower god proves to his alwayes . 21. deus turris . 1. protegendo ; a malis , in malis , contra malos , inter malos , vbique , tutissimè , fortissimè , gratiosissimè , 2. consolando , in malis , semper , abundunter , suavissimè ; 3. eripieudo , a malis citò tempestivè potentissimè mortalium proculdubiò beatissimus , qui mundi exul , christique captivus , turri isti tutissima , jucundissima , optimae , maximae perpetuò ( dum vixerit ) adjudicatur salvò certè custoditur , quinon solùm à deo , sed in deo conservatur : arctari non potest , qui ipsa dei infinitate ( incarceratus ) spatiatur . ita ominatur gulielmus prynne : martij 3. 1633. god is a tower by protecting all his saints from ills , in ills which them befall ; against , amidst ill men in every place , most safely , strongly out of his meere grace ; by comforting them in adversity alwayes , most sweetly , most abundantly : by freeing them from evills speedily , in the best time , and that most potently : no doubt he is the happiest man alive , who this worlds exile , and christs deare captive , is during life adjudg'd perpetually in this most safe , sweet , best great'st tower to lye . he is truely kept safely , who both by and in god is preserv'd continually : he cannot straitned be , who walkes freely ( whiles prisoner ) in gods vast infinity . of this opinion william prynne was the third day of march , six hundred thirty three . sentences of scriptures there likewise written . psal. 69. 33. the lord heareth the poore , and despiseth not his prisoners . psal. 146. 7 , 8. the lord looseth the prisoners ; the lord raiseth those that are bowed downe . phil. 4. 11 , 12 , 13. i have learned in whatsoever state i am , therewith to bee content , i know both how to be abased , and i know how to abound : every where , and in all things i am instructed , both to bee full , and to bee hungry ; both to abound , and to suffer need : i can doe all things through christ , which strengtheth mee . psal. 34. 17. 19. 22. the righteous cry , and the lord heareth , and delivereth them out of all their troubles . many are the afflictions of the righteous , but the lord delivereth him out of them all ; the lord redeemeth the soule of his servants , and none of them that trust in him , shall be desolate . psal. 37. 23 , 24 , 37 , 38 , 39 , 40. the steps of a good man are ordered by the lord , and hee delighteth in his way : though hee fall , hee shall not be utterly cast downe , for the lord upholdeth him with his hand : marke the perfect man , and behold the upright : for the end of that man is peace . but the transgressours shall bee destroyed together , the end of the wicked shall bee cut off : but the salvation of the righteous is of the lord , hee is their strength in the time of trouble . and the lord shall help them and deliver them : hee shall deliver them from the wicked , and save them , because they trust in him . psal. 71. 19 , 20 , 21 , 22 , 23 , 24. thy righteousnesse also o god , is very high , who hast done great things , o god who is like to thee ? thou which hast shewed me great and sore troubles , shalt quicken mee againe , and shalt bring mee up againe from the depthes of the earth . thou shalt encrease my greatnesse , and comfort me on every side . i will also praise thee , with the psaltery even thy truth : o my god unto thee will i sing with the harpe , o thou holy one of israel : my lips shall greatly rejoyce when i sing unto thee : and my soule which thou hast redeemed : my tongue also shall talke of thy righteousnesse all the day long : for they are confounded , for they are brought unto shame that seeke my hurt . micah : 7 , 6 , 7 , 8 , 9 , 10. a mans enemies are the men of his owne house : therefore i will looke unto the lord ; i will waite for the god of my salvation , my god will heare mee : rejoyce not against me ô mine enemy : when i fall , i shall arise : when i sit in darknesse , the lord shall bee a light unto mee . i will beare the indignation of the lord , because i have sinned against him , untill hee plead my cause and execute judgement for mee , hee will bring me forth to the light , and i shall behold his righteousnesse . then shee that is mine enemy shall see it , and shame shall cover her which said unto mee , where is the lord thy god ? mine eyes shall behold her , now shall she be troden downe , as the mire of the streets . on his suffrings on the pillory . christ for * my sake , sinnes , and redemption from hell and endlesse torments ; suffered on the * crosse , a shamefull , cursed death , with all alacrity , joy , promptitude : and shall i not for his sake then most cheerefully both stand , and suffer on the pillory , without all blush , or feare ? since 't is no shame , but * honour , thus to suffer for christs name . verses made by w. prynne , as he returned by water to the tower after his last sufferings , upon his stigmatizing . s. l. stigmata laudis . stigmata maxillis referens , insignia laudis , exultans remeo , victima grata deo. bearing lands stamps on my cheekes , i retire triumphing , gods sweet sacrifice through fire . on his returne from exile . foes sent me hence , but god , and his saints cryes have brought me back , 't is wondrous in all eyes . no exiles , prisons , chaines , powers can detaine those whom god will recall , free , raise againe . isay . 51. 11. 14. c. 41. 5 , 6. the redeemed of the lord shall returne , and come with singing unto zion , and everlasting joy shall be upon their head ; they shall obtaine gladnesse and joy ; and sorrow and mourning shall flee away . the captive exile hastneth , that hee may be loosed , and that he should not dye in the pit , nor that his bread should faile . feare not , for i am with thee , i will bring thy seed from the east , and gather thee from the west , i will say to ▪ the north , give up ; and to the south , keep not backe ; bring my sonnes from farre , and my daughters from the ends of the earth . finis . errata . in the epistle v. 1. it were , r. t' were p. 2. l. 32. the r. he p. 3. l. 8. he 's , r he the verses p. 9. of his exile into jersy , should have come in p. 15. after stigmata laudis . courteour reader , i shall request thee to correct these few presse errors , which have scaped in some coppies in my absence . errata . page 1. line 10. for the , read this . p. 3. l. 12. r. make . p. 18. l. 3. when whom . l. 6. them , r. him . p. 19. l. 8 to r. in . p. 32. l. 24. of , on . p. 33. l. 18. sinne , weeds . p. 34. 7. they , these . p. 47. l. 5. must , much . p. 65. l. 5. be , lie . p. 71. l. 19 greatest . p. 82. l. 21. lose , close . p. 83 l. 13. others , l. p. 93. l. 21. fined , fixed . p. 95 l 22. and , oh. l. 23 satan , satin . p. 98. l. 25. them , then . l. 27. stations , passions . p. 103 l 15. over , ever . p. 108. l. 21. thee , they . p. 119. l. 6. to . or . p. 125. l. 23 arriv'd , arm'd . l. 25. flattering . p. 149. l. 6. shall , should . p. 164. l. 1. the , then . p. 165. l. 13. th' one , thine . p. 169. l. 11. prints ' paints . printers oft erre , but not as others men ; their errors are corrected with a pen. notes, typically marginal, from the original text notes for div a91224-e610 * i arrived in iersy , ianuary the 17. 1637. and received the tydings of myenlargement thence by warrant from the parliament november 17. 1640. the same day of the moneth , i there first landed . * isa 43. 2. psa . 66. 12. ps . 139. 9. 10. josh . 1. 5. 9. * i was first committed prisoner to the towre of london , feb. 1. 1632. where after two removals to the fleete for a short space , i remained prisoner till july the 27. 1637. & was then removed to carnarvan castle in northwales , where i arrived august the 5. and was there kept close prisoner till i was by special warrant shipped & sent close prisoner for jersy , octob. the 10. 1637. where i arrived not till january the 17. following . from whence i departed by warrant from the parliament , novemb. 19. 1640. and landed at dartmouth novem. 22. came into london novemb . 28. was presented to the commons house novem. 30 where my petition was read decem. 3. notes for div a91224-e1600 * f. h. a mat. 7 , 24 , 25. b ps . 2. 9. re. 2. 17. mat. 21. 44. * mount orgueil , signifies a proud mount ; or mount of pride . c rev. 18 7. dan. 4 26 , 27 , 28. act. 12 , 22 , 23. psal . 73. 6. ezek. 16. 49. d obadiah . 3 e prov. 15. 33. c. 18. 12. phil. 2 . 5. to 10. col. 3. 11. 1 pet. 3. 5. prov. 22. 4. zeph. 2. 3. g mat. 11. 29. c. 21. 5. phil. 2. 5 , to 10. h mat. 5. 1 , 3 , 5 , 7. i prov. 16. 18. c. 29. 23. isa . 25. 11. c. 28. 1. 3. dan. 4. 37. 26. to 30. jam. 4. 6. zeph. 2. 10. k isa . 3. 5. 1 tim. 3. 6. l prov. 8. 13. m eph 2. 20. 21 , 22. mat. 7. 24 , 25. 1 pet. 2. 4 , 5 , 6. psal . 18. 1 , 2. n col. 3. 1 , 2. 3 thess . 5. 16 , 17 , 18 , 23. col. 3. 16 , 17. o phil. 3. 20. eph. 2. 6. p luk. 16. 22. q mat 7. 14. luk. 13. 24. r act. 14. 22. rev. 7. 14. 1 thess . 3. 4. ſ mat. 19. 29. 2 cor. 4. 17. t ps . 16. 11. isa . 51. 11. u 2 cor. 4 17. 2 tim. 4. 8. x 1 cor. 2. 9. y revel . 1. 5. heb. 9. 12. c. 10. 19. notes for div a91224-e3900 * mount-orguil . a psal . 77. 12. psal . 19. 14. psal . 143. 5. psa . 104. 34. b 1 cor. 10. 4. psal . 18. 2. 31. 46. ps . 28. 1. ps . 31. 3. psa . 42. 4. ps . 62. 2. 7. psal . 71. 3. ps . 89. 26. psal . 92. 15. ps . 94. 22. psal . 95. 1. deut. 32. 31. 2 sam. 22. 2. 3. 32. 47. c psal . 148. 5. ioh. 3. 3. d ioh. 5. 17. 18. ioh. 8. 16. 18. 19. 28. 38. 41. 49. 54. e ioh. 1. 14. c. 3. 16. act. 13. 33. heb. 1. 5. c. 5. 5. f mat. 7. 24. 25. luk. 6. 47. 48. g isa . 28. 16. mat. 16. 18. 1 p●● . 2. 3. 4. 5. 6. 7. psal . 118. 22. act. 4. 11. 1 co. 3. 11. ephes . 2. 20. 21. h mat. 7. 24. 25. c. 16. 18. rom. 8. 35. to 39. 2. pet. 1. 10. psal . 125. 1. 2 cor. 4. 7 , 8 , 9. 1 cor. 10. 13. i psal . 81. 16. deut. 32. 13. k 2 cor. 1. 3. 4 , 5 , 6. psal . 71. 21. cant. 2. 5. isa . 40. 1. c. 51. 3. c. 61. 1. ● . l ioh. 1. 16. rev. 3. 18. col. 2. 2. 39. m psal . 45. 9. 13. 14. 1 pet. 3. 3. 4 , 5. 1 tim 2. 9. 10. cant. c. 1. to 8. n ezech. 16. 8. to 15. cant. 2. 1. 2. c. 4. 1. 2. &c. c. 5. 1. to 8. o deut. 8. 9. ioh. 28. 2. p col. 2. 2. 3. 9. ioh. 1. 15. 16 ephes . 3. 8. 18. 19. q prov. 2. 3 , 4 , 5 mat. 13 , 44 , 45. 46. rev. 3 18. c. 22. 17. ioh. 1. 15 16. mat. 7. 7. 8. c. 21. 22. iam. 5. 7. 8. rom. 8. 24. 25. r rev. 3. 18. c. 22. 17. is . 55. 1. 2. 3 ioh. 7. 37. ſ deut. 8. 15. psal . 105. 41. psa . 114. 8. isa . 48. 21. ps . 104. 10 , 11 , 12 , 13. t ioh. 19. 34. 1 ioh. 5. 6. 8. c. 1. 7. rev. 1. 5. heb. 9. 14. eph 5. 26. 1 cor. 6. 11. eph. 1. 5. 2. 13. heb. 10. 19. c. 13. 12. 20. 1 pet. 1. 19. v exod. 17. 5. 6. num. 20. 10. deut. 8. 15. neh. 9. 15. psal . 78. 16. 20. ps . 105. 41. psal . 114. 8. isa . 48. 21. x 1 cor. 10. 4. y joh. 19. 34. 1 ioh. 5. 6. 8. 1 joh. 1. 7. rev. 1. 5. c. 22. 17. ioh. 7. 37. eph. 5. 26. isay 55. 1. 2. z 1. cor. 10. 4. gal. 3. 1. a 1. cor. 10. 4. b psal . 135. 15. 16. 17. 18. c jer. 10. 8. 9. hab. 2. 18. zech. 10. 2. isay 41. 29. d isay 32. 2. joh. 4. 5. 6. job 7. 2. e isay 25. 4. 5. c. 4. 6. cant. 2. 3. psal . 17. 8. ps . 36. 7. ps 57. 1. psal . 91. 1. hosea . 14. 7. f mat. 11. 28. 29. 2 thess . 1. 7. g isa . 35 2. 10. rom. 14. 17. c. 15. 13. gal. 5. 22. 1 pet. 1. 8. h 1 sam. 13. 6. c. 23. 3. 4. judg. 20. 45. 47. isa . 2. 10. 19. 21 c. 7. 19. c. 57. 5. jer. 16. 16. rev. 6. 15. 16. jer. 13. 4. i joh. 19. 34. isa . 15 4. 5. ps . 27. 5. ps . 143. 9. cant. 2. 14. k mat. 7. 25. 26. job 6. 12. c. 19. 24. l heb. 13. 8. ps . 102. 12. 26. 27. mal. 3. 6. jam. 1. 17. rev. 1. 8. 17. 18. heb. 1. 11. 12. m psal . 102. 12. 25. 26. heb. 1. 11. 12. isa . 2. 22. c. 26. 14. c. 40. 6. 7. dan. 4. and 5. and 10. & 11. & 12. 2 chron. 36. n heb. 13. 8. o rom. 6. 9. 10. rev. 1. 8. 17. 18. p psal . 73. 25. ps . 119. 57. q psal . 27. 10. eph. 1. 23. col. 3. 11. 1 cor. 15. 28. psal . 90. 1. r num. 24. 21. judg. 15. 8. c. 20. 45. 47. 1 sam. 23. 25. ps . 94. 22. 1 sam. 13. 6. c. 24. 2. isa . 2. 10. 19. 21 c. 17. 19. c. 33. 16. jer. 4. 29. c. 16. 16. c. 48. 28. c. 49. 16. c. 51. 25. obed. 3. 4. rev. 6. 15. 16. s psal . 18. 2. 31. 48. ps . 31. 3. psa . 61. 2. ps . 94. 22. deut. 32. 4. t 1 pet. 4. 19. 2 tim. 4. 18. ioh. 10. 28. 29. v cant. 2. 14. pro. 30. 26. numb . 24. 21. job 39. 28. 29. psal . 104. 18. jer. 48. 28. x joh. 15. 1. to 8. cant. 2. 14. isay . 25. 4. ps . 32. 7. ps . 119 119. isa . 32. 2. y isa . 2. 21. ezech. 26. 4. z isa . 53. 2. 3. psa . 22. 14. 15. 16. 17. isa . 52. 14. a isa . 53. 3. mark. 9. 12. ps . 118. 22. mar. 21. 42. act. 4. 11. joh. 1. 10. 11. b ephes 3. 8. col. 1. 16. 17. 18. c. 2. 9. 10. eph. 1. 23. ioh. 1. 16. c 1 sam. 16. 7. d jam. 2. 5. psal . 45. 13. 1 pet. 3. 4. rom. 2. 28. 29. e mat. 23. 27. 28. f mat. 16. 18. c. 28. 20. ioh. 10. 28. 29. rom. 8. 35. to 39. psal . 121. 1. to 8. psal . 125. 1. 2. 3. g jer. 16. 19. psal . 18. 1. 2. psal . 9. 9. psal . 46. 1. 2. 3. psal . 62. 7. 8. isa . 25. 4. heb. 6. 18. psal . 60. 11 h judg. 15. 8. c. 20. 45. 1 sam. 13. 6. c. 23. 25. c. 24. 2. isa . 2. 10. 19. 21. i mat. 28. 20. ps . 34. 18. psal . 145. 18. rom. 10. 6. 7. 8. act. 10. 35. psal . 18. 1. 2. k judg. 6. 20. 21. c. 13. 19. 20. l psal . 51. 17. heb. 13. 15. 1 pet. 2. 5. phil. 2. 17. c. 4. 8. ps . 107. 22. rom. 12. 1. m heb. 13. 15. col. 3. 17. joh. 13. 13. 14. c. 16. 24. 26. n rev. 5. 8. c. 8. 34. o judg. 6. 26. c. 13. 19. 20. p heb. 13. 10 rev. 16. 9. c. 8. 3. c. 9. 13. q mat. 7. 26. 27. luk. 6. 47. r heb. 7. 12. 13. 14. to 28. c. 8. & 9. & 10. c. 13. 10. 1● . 1 cor. 9. 13. 14. c. 10. 16. to 22. c. 11. 24. to 37. col. 2. 10. to 22. s amos. 6. 12. 1 sam. 14. 4. 13. jer. 4. 29. t mat. 25. 26. rom. 12. 11. heb. 6. 12. pro. 21. 25. v mat. 7. 13. 14. luk. 13. 24. x joh. 16. 33. act. 14. 22. 1 thes . 3. 4. y luk. 14. 28. to 34. z deut. 6. 5. luk. 13. 24. a mat. 24. 42. c. 26. 41. mar. 13. 37. luk. 21. 36. b rom. 13. 14. lnk. 22. 46. 1 thes . 5. 6. 7. eph. 5. 14. c 2 thes . 5. 17. eph. 6. 18. rom. 12. 12. act. 6. 4. luk. 21. 36. d ps . 40. 2. ps . 61. 2. e mat. 4. 13. 15. 18. c. 8. 24. 26. 27. c. 13. 1. c. 14. 24. 25. 26. c. 15. 29. mar. 2. 13. c. 3. 7. c. 4. 1. c. 5. 1. 21. c. 7. 3. luk. 6. 17. c. 21. 15. joh. 6. 1. 16. 18. c. 21. 1. f mat. 8. 27. mar. 4. 41. luk. 8. 25. mat. 14. 33. g ma. . 14. 25. 26. mar. 6. 48. 49. joh. 6. 19. h judg. 15. 8. c. 20. 45. 1 sam. 13. 6. c. 24. 2. c. 23. 25. 26. isa . 2. 10. 19. 21. c. 7. 19. jer. 4. 29. i isa . 53. 3. psal . 118. 22. act. 4. 11. mar. 9. 12. joh. 1. 10. 11. k mat. 11. 28. 29. 2 chron. 33. 12. hos . 5. 15. psa . 78. 34. 35. 36. isa . 55. 1. 2. zeph. 3. 12. 1 tim. 5. 5. l psal . 78. 34. 35. 36. 37. jer. 3. 10. exod. 8. & 9. & 10. judg 2. 17. 18. 19. c. 3. 10. to 16. c. 4. 1. to 6. c. 6. 1. to 11. l psal . 78. 34. 35. 36. 37. jer. 3. 10. exod. 8. & 9. & 10. judg 2. 17. 18. 19. c. 3. 10. to 16. c. 4. 1. to 6. c. 6. 1. to 11. m mat. 7. 12. 13. 14. c. 20. 16. c. 22. 24. luk. 13. 23. 24. 1 pet. 20. 21. rev. 3. 4. 1 king. 22. 6. to 29. n exod. 15. 5. nah. 1. 6. o mat. 11. 29 phil. 2. 5. 6. 7. 8. joh. 6. 15. 16. eph. 4. 9. heb. 2. 7. 9. zech. 9. 9. p phil. 2. 5. 6. 7. 8. 1. tim. 6. 15. rev. 17. 14. c. 19. 6. deut. 10. 17. q num. 23. 9. iob. 39. 28. 29. r 2 cor. 5. 16. 17. 18. 1 cor. 2. 7. to 16. act. 26. 18. 2 cor. 3. 18. col. 3. 1. 2. 3. phil. 3. 7. 8. 9. 20. eph. 3. 8. 9. 20. eph. 3. 8. 9. 10. s eccles . 1. 2. 14. 1. ioh. 2. 15. 16. 17. phil. 3. 7. 8 , 9. prov. 23. 4 , 5. t pro. 30. 19. v mat. 4. 1. to 10. lu. 4. 1. to 10. ioh. 14. 30. heb. 4. 15. x mat. 4. 2. 3. 4. luk. 4. 2. 3. 4. y joh. 6. 32. to 64. z psal . 77. 12. ps . 143. 5. a psal . 34. 9. 10. psa . 37. 25. 1 king. 17. 6. 7. 11. 12. 13. b exod. 33. 21. 22. 23. 1 king. 19. 9. to 16. c mat. 3. 17. joh. 1. 18. c. 6. 46. c. 14. 7. 9. d 1 cor. 10. 4. e joh. 14. 7. 9. 2 cor. 5. 19. 20. f isa . 8. 14. 15 luk. 2. 34. ro. 9. 33. 1 pet. 2. 8. 2 chron. 25 12. zech. 12. 3 psal . 141. 6. g isa . 8. 14. 15. luk. 2. 34. rom. 9. 33. 1 pet. 2. 8. () luk. 2. 34. mat. 21. 44. h deut. 32. 13. job . 29. 6. i ezech. 11. 19. c. 36. 26. k mat. 11. 28 psal . 41. 4. mal. 4. 2. rev. 22. 2. l isa . 2. z. m ephes . 3. 8. 10. 19. 20. 1 cor. 2. 9. col. 2. 3. 9. c. 1. 19. n eph. 3. 18. 19. psal . 62. 2. 6. 7. psal . 73. 25. o job . 6. 12. jer. 23. 29. p isa . 53. 7. mat. 26. 63. c. 27. 12. act. 8. 32. 2 pet. 2. 23. heb. 12. 2. rev. 19. q 1 pet. 2. 19. to 25. rev. 12. 12. rom. 13. 10. jam. 1. 3. 4. r mat. 7. 25. luk. 6. 47. 48. s 1 pet. 2. 22. 23. heb. 2. 9. 10. 18. c. 4. 15. c. 12. 2. matth. 4 , 2. to 10. c. 27. and 28. mar 15. & 16. luk. 23. & 24. act. 2. 23. to 37. c. 3. 13. to to 22. c. 4. 26. 27. 28. t joh. 15. 20. mat. 10. 22. 23. 24. 25. v mat. 27. 51 x 1 king. 19 11. nah. 1. 6. y ezech. 22. 14. c. 36. 26. c. 11. 19. luk. 24. 32. isa . 13. 7. ezech. 21. 7. jer. 23. 29. z 1 king. 19. 11. josh . 2. 11. amos. 9. 13. nah. 1. 5. 6. a job . 6. 12. c. 14. 24. b act. 2. 24. 31. c. 13. 34. 35. 36. 37. psal . 16. 10. c 1 cor. 15. 42. 43. 52. 53. 54. 55. 56. phi. 3. 21. d rom. 6. 9. 10. 1 cor. 15. 42. 43. 52. to 57. e joh. 13. 2. phil. 3. 21. mat. 13. 43. dan. 12. 3. f mat. 26. 6. 7. mar. 16. 6. 1 cor. 15. 4. 5. 6. 12. to 23. g heb. 1. 8. 12. psal . 145. 13. 2 pet. 1. 11. h rev. 22. 5. i mar. 15. 46. 47. mat. 27. 60. luk. 23. 53. k gen. 3. 19. eccles . 3. 10. l isa . 53. 3. 14 c. 4. 11. m mat. 27. 51. n jer. 5. 3. ezech. 3. 5. o joh. 1. 10. 11. mat. 8. 20. luk. 9. 58. job 24. 7. 8. p mar. 15. 46. 47. c. 16. 1. 2. 3. mat. 27. 60. c. 28. 5. 6. luk. 23. 53. c. 24. 6. 7. joh. 19. 41. 42. c. 20. 1. to 26. q job . 17. 1. 13. psal . 88. 3. 5. r 2 tim. 4. 6. 7. 8. 1 cor. 15. 31. s psal . 19. 9. 10 act. 2. 32. c. 13. 33. 1 cor. 15. 1 thes . 4. 14. to 18. 2 cor. 4. 14. rom. 8. 11. t rev. 22. 5. v 1 cor. 10. 4. x 1 cor. 11. 25. 26. 29. gal. 3. 1. 1 cor. 2. 2. rom. 1. 19. 20. y gen. 1. 26. 27. c. 3. 1. c. 9. 6. 1 cor. 11. 7. eph. 4. 24. col. 3. 10. heb. 1. 3. c. 2. 11. 12. 13. 14. 16. 17. phil. 2. 7. 8. 1 joh. 3. 2. joh. 1. 14. 30. z psal . 62. 2. 6. 7. psal . 94. 22. ps . 18. 2. 31. 1 cor. 10. 4. a lu. 14. 33. mar. 10. 28. 29. psa . 73. 25. b rom. 4. 7. 8. 2 cor. 5. 8. c pro. 27. 3. zech. 12. 3. isa . 32. 2. d ps . 38. 4. 5. job 6. 3. 4. mat. 11. 28. e zech. 12. 3. dan. 2. 34. 35. prov. 27. 3. 2● . chron. 25. 12. ps . 137. 9. eccl. 10. 9. josh . 10. 11. f psal . 38. 1. to 11. ps . 32. 3. ps . 22. 1. joh. 3. 24. ps . 88. 1. 2. 3. g mar. 11. 28. psal . 38. 8. 2 sam. 24. 14. h exod. 15. 5. neh. 7. 11. jer. 51. 63. 64. i psal . 9. 17. psal . 55. 15. pro. 5. 5. 2 pet. 2. 14. isa . 24. 24. k heb. 12. 1. amos 2. 13. rev. 18. 21. l exod. 15. 16. 1 sam. 25. 35. m heb. 3. 13. ezech. 3. 7. ephes . 2. 1. 2. c. 4. 18. 19. n 2 chro. 25. 12. isa . 8. 14. 15. psal . 141. 6. zech. 12. 3. o isa . 8. 15. jer. 18. 15. isa . 24. 20. jer. 8. 4. 12. c. 25. 27. c. 50. 32. p isa . 2. 21. q isa . 64. 6. ezech. 16. 3. to 40. pro. 13 5. gen. 49. 4. r ezech. 21. 25. c. 22. 27. s joh. 6. 70. 71. c. 8. 44. act. 20. 29. 2 pet. 2. 22. rev. 22. 15. t exod. 15. 16. job 18. 4. c. 28. 9. v jer. 13. 23. rom. 7. 18. to 25. zeph. 12. jude 10. 11. 12. 13. x heb. 3. 12. 13. eph. 1. 1. 2. 3. c. 4. 18. 19. rom. 1. 23. to 29. y jer. 5. 3. mat. 7. 25. 26. job 41. 24. z jer. 13. 23. ephes . 1. 19. 20. 1 cor. 9. 27. rom. 7. 18. to 25. heb. 12. 1. a obad. 3. 4. jer. 21. 13. c. 49. 16. b job 12. 6. isa . 28. 15. 18. deut. 29. 19. 20 judg. 18. 7. 10. 27. ezech. 28. 2. to 12. c jer. 5. 3. d jer. 3. 3. c. 6. 15. c. 8. 12. ezech. 2. 4. c. 3. 7. heb. 3. 13. e 2 king. 3. 19. 25. f ezech. 18. 24. 26. g isa . 5. 2. 2 king. 53. 19. 25. mat. 13. 5. mat. 4. 5. 6. lu. 8. 6. 7. h 1 pet. 2. 1. 2. jam. 4. 1. to 12. i ezech. 24. 7. 8. rev. 6. 15. 16. numb . 23. 9. k 2 sam. 12. 10. 11. 12. 14. exech . 16. 36. 37. 38. isa . 3. 9. l ezech. 24. 7. 8. m 1 king. 13. & 14. & 16. n 2 sam. 12 1. 12. psa . 90. 8 eccles . 12. 14. mar. 4. 22. o 1 sam. 24. 2. job . 39. 1. p mat. 25. 32. 33. q eph. 2. 1. 2. 3. c. 4. 19. rom. 1. 27. to 32. 1 joh. 5. 19. 2 pet. 2. 13. to 22. r 1 pet. 2. 11. act. 5. 39. c. 2● . 9. s jer. 39. 1. 2. 3. ezech. ●9 . 18. t 1 cor. 9. 27. rom. 7. 18. to 25. mat. 17. 21. luk. 2. 37. 1 cor. 7● 5. 2 cor. 6. 5. c. 11. 27. v act. 27. 29. x 1 tim. 6. 9. rev. 21. 18. y act. 27. 29. z psa . 19. 12. job . 34. 32. a jam. 5. 1. 5. isa . 22. 12. 13. 14. c. 5. 12. 13. 14. c. 47. 7. 8. 9. zeph. 2. 15. job . 21. 10 12. 13. amos. 6. 3. to 8. c. 8 : 10. b job 18. 4. mat. 7. 25. 26. c rom. 8. 35. 36. 37. 38. 39. d joh. 6. 66. 67. 68. 2 pet. 1. 10. 11. e mat. 7. 25. 26. f psal . 34. 13. act. 23. 22. psa . 73. 14. g psal . 39. 2. 9. 1 sam. 3. 8. 2 sam. 15. 25. 26. 27. c. 18. 4. to 14. h mat. 7. 25. 26. i 3 ioh. 5. 6. prov. 17. 17. c. 18. 24. joh. 15. 13. k isa . 2. 21. ezech. 26. 4. l psa . 37 , 26. jam. 2. 5. 1 cor. 4. 11. 12. c. 16. 1. 2. 2 cor. 6. 10. c. 8. 2. 4. rom. 15. 26. m jam. 2. 5. psal . 45. 13. ephes . 3. 19. phil. 1. 11. col. 1. 9. 10. 11. heb. 11. 37. 38. n 1 king. 5. 17. 18. c. 6. 7. 8. c. 7. 3. 10. 11. 2 chron. 2. & 3. 2 king. 12. 12. ezech. 40. 42. o psal . 14 , 4. 12. isa . 11. 11. 12. 1 cor. 3. 16. 17. 2 cor. 6. 16. ephes . 2. 21. p psa . 131. 1. 2. 3. col. 3. 1. 2. 3. heb. 11. 13. 14. 15. 16. 24. 25. 26. 35. 36. 37. 38. 2 cor. 4. 9. to 18. q exod. 32. 11. to 15. jam. 5. 16. 17. 18. 2 king. 2. 12. c. 6. 2. to 24. c. 8. 9. c. 20. 6. gen. 28. 23. to 25. act. 27. 24. 2 king. 13. 14. 28. r numb . 20. 10. 11. 12. deut. 8. 15. psal . 105. 41. s isa . 61. 1. c. 4● . 1. 2. 2 cor. 1 , 4. 5. t 2 cor. 1. 4. 5. 6. act. 9. 10. to 20. v 1 cor. 4. 9 to 13. heb. 11. 36. 37. 38. mal. 3. 14. to 18. x act. 27. 29. y 1 king. 13. 4. 6. act. 9. 4. 5. z exod. 24. 12. c. 31. 18. c. 34. 29. deut. 4. 13. c. 5. 22. c. 9. 10. 11. 15. 17. a jer. 31. 33. 2 cor. 3. 3. b ezech. 11. 19. c. 36. 26. c luk. 13. 23. 24. isa . 17. 6. d 1 pet. 1. 1. 2. heb. 11. 36. 37. e psal . 38. 20. f isa . 33. 12. g eph. 4. 3. to 17. rom. 15 5. 6. 7. c. 16. 17. 18. 1 cor. 1. 10. 11. 12. 13. c. 12 4. to 31. phil. 1. 27. 28. jud. 3. 4. rev. 2. 14. b act. 26. 17. 18. rom. 1. 13. c. 15. 18. 19. 20. col. 1. 6. i zech. 9. 16. 2 sam. 12. 30. k mal. 3. 17. l jer. 5. 3. m jer. 3. 3. c. 5. 3. c. 8. 12. ezech. 2. 4. c. 3. 7. n phil. 3. 19. o josh . 10. 10. judg. 9. 53. 54. zech. 12. 3. luk. 13. 4. 2 chron. 25. 12. p 2 king. 8 : 12. 13. gen. 5. 7. psal . 71. 4. prov. 12. 10. je● . 6. 23. c. 50. 42. psal . 27. 12. ezech. 34. 4. q prov. 17. 12. r isa . 47. 2. s exod 1. 12. c. 4. isa . 3. 15. t deut. 8. 9. job 28. 2. v isa . 1. 5. 6. 2 chro. 28. 22. 23. x exod. 1. 12. c. 4. y act. 8. 21. z job 28. 2. deut. 8. 9. a mat : 15. 19. gen. 6. 5. c. 8. 21. c. 27. 41. b obad. 3. 4. jer. 21. 13. 14. c. 49. 16. c is . 47. 7. 8 9. 10. 11. c. 5. 19. d job 41. 24. jer. 23. 29. nah. 1. 6. jer. 5. 3. e isa . 1. 5. 2 chron. 28. 22. exod. 5. to 13. jer. 5. 3. c 2. 30. isa . 9. 30. amos 4. 6. to 14. rom. 2. 4. 5. f exo. 31. 18. c. 34. 1. 4. 29. g ezech. 11. 19. c. 36. 26. jer. 32. 39. h isa . 26. 10. 11. c. 1. 5. c. 9. 30. jer. 5. 3. 2 chro. 36. 14. 15 16. jer. 25. 3. to 15. c. 29. 19. c. 32. 33. amos. 4. 6. to 13. hos . 6. 4. 5. rom. 2. 4. 5. i ezech. 26. 4 amos 6. 12. k ezech. 11. 19. math. 13. 5. 6. 20. 21. mar. 4. 5. luke 8. 6. l judg. 8. 7. 16. m heb. 6. 8. rom. 1. 24. to 32. c. 2. 4. 5. n ephes . 4. 18. 19. 1 tim. 4. 2. proverb . 23. 35. deut. 29 2. 3. 4. isa . 6. 9. 10. 2 chron. 36. 15. 16. o mat. 7. 25. 26. p deut. 28. 15. to 68. 1. sam. 5. 7. 2. chron. 21. 19. ezech. 14. 21. mich : 2. 10. heb. 10. 29. q ephes . 4. 18. 19. rom. 2. 5. r heb. 6. 7. 8. c. 3. 13. 8. mat. 13. 5. 6. isa . 28. 10. 13. 2 chro. 36. 15. 16. jer. 23. 3. 4. c. 35. 15. s job 15. 16. t luk. 8. 6. 13. amos. 6. 12. v 2 chron. 36. 15. 16. jer. 23. 3. 4. mat. 7. 6. prov. 9. 7. 8. x pro. 9. 7. 8. mat. 7. 6. prov. 15. 12. 1 king. 13. 4. c. 18. 17. 18. 2 chron. 24. 19. 20. 21. 22. c. 36. 15. 16. mat. 23. 37. gal. 4. 16. y psal 141. 5. psal . 139. 23. 24. prov. 8. 9. c. 29. 25. z job . 18. 4. a rev. 18. 21. jer. 51. 63. 64. neh. 9. 11. exod. 15. 5. 10 matth. 18. 6. mark. 9. 42. luk. 17. 2. b rom. 2. 4. 5. c. 1. 23. to 32. ephe. 4. 18. 19. 2 pet. 2. 20. 21. 22. c phil. 3. 18. 19. d isa . 26. 11. 16. e hab. 2. 19. f isa . 56. 10. job . 15. 3. g ezech. 26. 4. h ezech. 16. 3. to 15. rev. 17. 18. i mat. 8. 22. joh. 5. 25. 19. ephes . 2. 1. 5. c. 5. 14. k heb. 9. 27. psal . 89. 48. l 2 chron. 2. 2. 18. 1 king. 5. 17. c. 7. 9. 10. 12. m ezech. 36. 26. joel 2. 13. hosea 6. 5. n isa . 8. 14. o rom. 2. 5. eph. 4. 18. 19. p act. 27. 29. q rom. 2. 4. 5. ephes . 4. 18. 19. 1 tim. 6. 9. r ephes . 4. 18. 19. s psal . 38. 4. matth. 11. 28. job 6. 3. t joh. 1. 3. v psal . 95. 8. exod. 8. 15. x ezech. 11. 19. c. 36. 26. psal . 51. 10. 17. z act. 2. 46. 47. eph. 3. 20. 21. a heb. 3. 13. c. 12. 15. prov. 4. 23. b ezech. 11. 19. c. 36. 26. c prov. 23. 26. d psal . 51. 10. 17. e 2 chro. 2. & 3. 1 king. 5. 17. 18. c. 6. 7. 8. c. 7. 3. 10. 11. 2 king. 12. 12. c. 32. 6. f psal 144. 12. isa . 14. 11. 12. c. 51. 1. rom. 9. 11. to 31. c. 8. 29. 30. c. 11. 5. 6. 7. ephes . 1. 4. 5. 11. c. 2. 4. to 22 c. pet. 2. 4. 5. 6. 7. 2 thes . 2. 13. mat. 24. 40. 4. c. 20. 16. mal. 1. 2. 3. ex. 33. 19. jer. 18. 6. 2 tim. 2. 9. originall or actuall . g hos . 14. 4. mat. 10. 14. rom. 3. 24. c. 8. 32. c. 11. 5. 6. h math. 25. 41. 42. 43. mark. 16. 16. psal . 51. 4. 5. lam. 3. 39. i isa . 22. 16. mark. 15. 46. * gen. 3. 19. k joh. 5. 58. rev. 20. 12. 13. l job 24. 8. obad. 3. jer. 48. 28. m 1 king. 17 4. 13. c. 19. 9. 11. 15. heb. 11. 38. gen. 19. 30. judg. 6. 2. 1 sam. 13. 6. c. 24. 2. 3. 4. 7. exod. 33. 21. 22. n prov. 2. 4. job 3. 21. mat. 14. 44. psal . 17. 14. col. 2. 3. o 1 king. 19. 9. 11. 15. c. 17. 4. 13. 1 sam. 13. 6. c. 24. 2. 3. 4. heb 11. 38. 39 p psal . 88. 8. jer. 31. 2. c. 33. 1. c. 36. 5. c. 39. 15. luk. 3. 20. act 5. 18. 21. c. 12. 4. * bonner imprisoned the martyrs in his cole-house in queene maries dayes . q heb. 11. 35. to 39. r mal. 3. 17 isa . 61. 10. exo. 19. 5. ps . 135. 4 s psal . 88. 6. 8. 18. cant. 5. 4. 6. jer. 30. 2. 3. act. 16. 23. 24. heb. 11. 36. t cant. 4. 3. psal . 17. 14. mar 13. 44. job 3. 21. prov. 2. 4. col. 2. 3. v ezech. 34. 14. joh. 10. 16. x ezec. 26. 4. c. 24. 7. 8. y gen. 3. 7. 10. 11. 21. c. 9. 22. 23. z ezech. 16. 36. 37. hosea 2. 2. 3. 4. 2 cor. 5. 5. revel . 3. 17. 18. c. 16. 15. gen. 9. 22. 23. heb. 2. 15. isa . 47. 3. a hosea 2. 2. 34. ezech. 16. 35. 36. 37. 38. 39. c. 23. 10. 11 18. 19. 23. b phil. 3. 18. 19. c rev. 3. 18. psal . 45. 13. 14. d luk. 13. 24 1 cor. 9. 25. 26. 17. 2 pet. 1. 5. 10. e 1 king. 19. 11. nah. 1. 5. 6. mat. 27. 51. f joel . 2. 12. 13. 10. g mat. 7. 25. 26. h ezech. 11. 19. c. 36. 26. i rev. 3. 20. isa . 53. 1. 3. joh. 12. 37. 38 39. 40. c. 1. 10. 11. rom. 10. 21. isa . 5. 1. to . 7. je● . 25. 5. to 8. c. 29. 19. k jer. 2. 20. isa . 1. 5. c. 3. 9. jer. 5. 3. amos 4. 6. to 13. ps . 95. 8. 10. deut. 8. c. c. 29. 3. 4. 5. josh . 5. 4. heb. 3. 8. 9. 17. 2 chron. 36. 15. 16. jer. 25. 4. to 8. c. 32. 33. 34. l 2 pet. 3. 9. rev. 1. 9. c. 3. 10. rom. 15. 5. m 2 chron. 2. & 3. 1 king. 5. and 6. & 7. n zech. 9. 16. 2 sam. 12. 30. o ezech. 36. 26. 1 cor. 3. 16. 17. 2 cor. 6. 16. ephes . 2. 21. mal. 3. 17. p 1 tim. 1. 13 14. 15. 16. q 2 chron. 33. 12. to 20. r ephes . 2. 1. 2. 3. 4. 5. c. 3. 20. 21. s job . 28. 10. ps . 105. 41. t 2 king. 20. 5. job 16. 20. lam. 2. 18. jer. 9. 1. 8. luk. 7. 38. 44. act. 20. 19. 31. mat. 26. 75. v psal . 105. 41. exod. 17. 6 numb . 20. 11. 12. x job 39. 28. 29. jer. 49. 16. y psa . 103. 5. isa . 40. 13. mat. 24. 28. luk. 17. 37. z ephes . 2. 20. a job . 28. 10. psal . 104. 10. 11. 12. 13. 14. b mat. 22. 7. 1 cor. 9. 27. c 2 sam. 16. 23. c. 17. 23. d isa . 53. 2. 3. 4. mar. 9. 12. psal . 118. 22. 1 cor. 4. 9. 10. 11. 12. 13. 2 cor. 4. 8. 9. 10. 11. c. 6. 4. to 11. heb. 11. 36. 37. 38. e isa . 40. 12 : to 18. psal . 89. 13. f psal . 148. 5. * see camdens brittania wiltshire . g isa . 40. 12. 15. h psa . 113. 7. 8. 1 sam. 2. 7. 8. i psal . 2. 9. psal . 107. 40. k job . 14. 9. l gen. 3. 19. eccles . 3. 10. c. 12. 7. m ps . 103. 14. 15. 16. psa . 90. 5. 6. isa . 4. 6. 7. 8. job 14. 1. 2. jam. 1. 10. 1 pet. 1. 24. n obad. 3. jer. 49. 16. c. 21. 13. o ezech. 28. 2. to 29. isa . 47. 7. to 12. rev. 18. 7. 8. p prov. 16 18 rev. 18. 7. 8. q prov. 2. 4. col. 2. 2. 3. mat. 13. 44. r ephes . 1. 23 joh. 1. 16. s amos 2. 13. heb. 10. 29. c. 6. 6. 2 pet. 2. 1. rev. 1. 7. t psal . 2. 9. 10. 11. 12. isa . 26. 9. 11. 16. hos . 5. 15. 2 chr. 33. 12. 13. 2 cor. 8. 2. 1 thes . 1. 6. 7. 1 pet. 1. 6. 7. 8. 9. jam. 1. 2. 3. 12. c. 5. 13. psal . 119. 67. 71. 75 107. v ephes . 3. 8. 10. 19. 20. joh. 1. 5. 16. col. 2. 3. 8. 9. 10. x exod. 15. 5. neh. 9. 11. jer. 51. 63. 64. mat. 18. 6. rev. 18. 21. y rom 6. 23. c. 7. 24. 25. ec. 12. 18. math. 12. 36. 37. z mat. 7. 13. 14. c. 13. 3. to 51. luk. 13. 23. 24. rom. 10. 16. c. 11. 4 5. a josh . 10. 11 judg 9. 53. 54. 2 sam. 11. 21. zech. 12. 3. luk. 13. 4. b isa . 8. 14 ▪ 15. luk. 2. 34. psa . 2 9. rev. 2. 27. c. 19. 15. c psal . 41. 2. psal . 61. 2. d psal . 40. 2. psal . 69. 2. 14. mat. 14. 30. jer. 38. 6. 20. e isa . 33. 16. f joh. 10. 11. 14. 27. 28. 29. 1 pet. 1. 5. c. 4. 19. g luk. 2. 39. mat. 21. 44. ps . 2. 9. 10. h isa . 2. 10. 19. 21. rev. 6. 15. 16. 17. luk. 23. 30. hos . 10. 8. i 1 king. 19. 11. nah. 1. 5. 6. mat. 27. 51. isa . 64. 1. 2. 3. psal . 97. 5. amos 9. 13. 2 pet. 3. 10. 12. judg. 5. 5. k isa . 2. 10. to 18. c. 5. 15. 16. 2 thes . 1. 8. 9. jud● 14. 15. l psal . 1. 5. 1. pet. 4. 18. mat. 25. 30 31. 32. 42. to 46. 2 thes . 2. 8. 9. 10. dan. 12. 2. joh. 5. 25. 29. rev. 6. 14. 15. 16. 17. c. 20. 9. 10. 12. 14. 15. m jam. 5. 7. 8. 9. rev. 22. 20 n 2 cor. 5. 10. 11. rom. 14. 10. 11. 12. rom. 2. 16. psa . 143. 9. o luk. 21. 28. p 2 cor. 4. 17. 2 tim. 4. 8. q rev. 22. 4. 5. notes for div a91224-e27560 a rom. 1. 19. 20. act. 14. 15. 16. 17. psal . 19. 1. b psal . 8. 1. 3. 4. 9. psal . 104. 24. 25. &c. psal . 19. 1. * gen. 7. 18. to 24. c mich. 7. 19. c ● . joh. 1. 7. rev. 1. 5. d 1 joh. 1. 7. rev. 1. 5. mich. 7. 19. e psal . 104. 25. psal . 107. 23. 24. psal . 95. 3. 5. gen. 1. 9. e psal . 104. 25. psal . 107. 23. 24. psal . 95. 3. 5. gen. 1. 9. f psal . 145. 3. isa . 40. 12. 15. 17. 22. g psal . 95. 3. 5. h job 38. 11. psal . 104. 9. to 11. psal . 107. 25. to 30. pro. 8. 29. jer. 5. 22. cap. 31. 35. i psal . 89. 8. 9. mat. 8. 26. 27. isa . 51. 10. psal . 7. 4. psal . 106. 9. psal . 78. 13. psal . 93. 3. 4. * psal . 2. 9. k psal . 46. 2. 3. l luk. 21. 17. 18. mat. 10. 28. 29. 30. m neh. 6. 11. dan. 3. 13. to 19. psal . 26. 1. 2. psal . 46. 1. 2. 3. act. 21. 13. 14. pro. 28. 1. * psal . 104. 8. to 15. * psal . 104. 25. n psal . 104. 6. to 15. 24. 25. 26. 27. psal . 136. 5. o psal . 31. 3. psal . 48. 14. isa . 58. 11. p psal . 104. 28. 29. ps . 145. 8. 9. 15. 16. q psal . 121. 1. 3. 4. 5. 6. 7. 8. r psal . 146. 5. psal . 34. 8. s psal . 34. 10. 17. 22. psal . 37. 3 4. 5. t rom 11. 33 34. psal . 36. 6. job 11. 7. 8. 9. v psal . 77. 19. * deut. 29. 29. rom. 12. 3. 1 sam. 6. 19. exod. 19. 21. 22. 24. x psal . 104. 25. josh . 1. 4. y ju. 23. 24. psa . 139. 3. 7. 9. z psal . 139. 7. 3. 9. amos 9. 1. 2. 3. 4. 5. jer. 5. 23. 24. a psal . 65. 5. & 139. 9. 10. & 23. 4. isa . 43. 2. josh . 1. 5. 7. 9. jer. 45 5. b gen. 39. 20. 21. 23. act. 16. 24. 25. dan 3. 23. 24. 24. 25. 26. 28. c. 6. 20. 21. 22. 23. c psal . 107. 25. 26. 27. 28. isa . 50. 30. lam. 2. 13. jer. 31 35. gen. 7. 18. d nah. 1. 2. to 12. c. 2. 1. e psal . 2. 2. 3. 4. 5. 9. deut. 29. 19. 20. jer. 7. 18. 19. f psal . 139 7. 8. 9. 10. jer. 11. 11. 2 chron. 20. 6. g psal . 2. 12. h mat. 29. 41 , rev. 21. 8. i eccles . 1. 7. psal . 104. 9. 10. k psal . 33. 5. 145. 9. 10. l psal . 107. 8. 15. 2. 31. psal . 145. 7. 4. 10. m eccles . 1. 7. psal . 104. 9. 10. n rom. 11. 36. gen. 1. 1. pro. 16. 4. o 1 cor. 11. 31. 1 pet. 4. 11. p luk. 1. 74. 75. rom. 14. 7. 8. q 1 chron. 29. 11. to 18. 1 cor. 4 7. and 15. 10. r act. 17. 28. s 1 chron. 29. 11. to 18. psal . 29. 2. psal . 56. 12. psal . 116. 12. t mal. 3. 2. 3. * 1 joh. 1. 7. rev. 1. 5. isa . 1. 16. 17. v 1 joh. 1. 7. rev. 1. 5. heb. 9. 14. ephes . 5. 26. 27. 1 cor. 6. 11. act. 3. 19. zech. 13. 1. rev. 7. 14. x dan. 12. 3. mat. 13. 43. phil. 2. 15. y gen. 7. & 8. z exod. 14. 15. to 31. a col. 1. 20. rev. 7. 14. b mich. 7. 19. 1 joh. 1. 7. jer. 50. 20. c. 31. 34. c isa . 45. 17. d jonah . 1. 3. isa . 8. 2. e joh. 19. 6. ephes . 2. 12. 13. 18. 19. rev. 5. 9. 10. heb. 10. 19. 20. f psal . 80. 7. 19. & 89. 15. cant. 2. 14. act. 2. 28. g 1 pet. 5. 8. 1 joh. 215. 16. 1 pet. 2. 11. * isa . 57. 20. h psal . 84. 7. phil. 3. 13. 14. 15. i rom. 8. 35. 36. 37. 38. 39. 2 cor. 1. 8. 9. 10. 11. c. 6. 4. to 11. heb. 11. 35. 36. 37. k jam. 1. 6. jer. 5. 22. l job 7. 4. psal . 109. 23. isa . 22. 18. c. 54. 11. heb. 11. 8. 9. 13. 14. 27. 37. gen. 12. 1. 5. 6. 8. 9. 10. c. 15. 13. 1 cor. 11. 23. to 29. ruth . 1. m gen. 47. 9. 1 chron. 29. 15 psal . 39. 12. psal . 119. 19. heb. 11. 13. 14. 1 pet. 2. 11. lev. 25. 23. n isa . 57. 20. o isa . 1. 16. cant. 5. 3. 1 cor. 6. 11. 2 cor. 7. 1. rev. 7. 14. heb. 9. 14. tit. 3. 3. 5. ephes . 4. 22. to 32. p psal . 107. 25. to 30. jon. 1. q psal . 34. 19. psal . 42. 7. act. 14. 22. heb. 11. 35. 36. 37. 38. 2 cor. 11. 23. to 29. ruth . 1. 20. 21. r psal . 119. 9. 11. 24. 30. 98. to 106. gal. 6. 16. 2 pet. 1. 19. s psal . 119. 67. 71. ezech. 16. 62. 63. 2 chron. 23. 11. 12. 13. heb. 11. 24. 25. 26. 27. t prov. 1. 32. jer. 22. 21. 1 joh. 2. 15. 16. 1 tim. 6. 9. 10. v psal . 1 26. 2. 3. 5. 6. isa . 25. 8. 9. c. 35. 3. 4. 10. c. 61. 3. c. 9. 3. 4. c. 65. 14. mat. 5. 4. 11. 12. rev 6. 9. 14. 15. 16. 17. w ephes . 3. 20. 21. gen. 22. 10. to 20. c. 42. 9. to 50. exod. 12. and 14. hest . 5. 6. 7. 8. & 9. dan. 3. 8. to 30. c. 4. 33. 34. 35. 36. 37. c. 7. 15. to 28. mat. 27. & 28. 1. 2. 1 sam. 2. 6. 7. 8. psal . 3. 2. 3. x psal . 95. 4. 5. job 38. 2. 10. y job 1. 21. 1 sam. 3. 18. & 2. 6. 7. 8. deut. 32. 39. mat. 10. 29. 30. 31. z psal . 107. 25. 26. 27. jon. 1. 4. a psal . 73. 14. 25. 26. 28. phi. 3. 26. psal . 130. 1. 5. 6. b numb . 34. 3. 12. c heb. 12. 11. psal . 71. 20. ruth . 1. 20. d 2 cor. 1. 4. 5. 6. heb. 12. 11. 12. psal . 126. 5. 6. e psal . 119. 67. 71. isa . 48. 10. jam. 5. 10. f dan. 12. 35. c. 12. 10. isa . 1. 25. 1 pet. 1. 7. zech. 13. 9. g psal . 119. 61. 71. 75. 2 tim. 4. 17. 18. ●●● 30. 20. 21. h psal . 107. 27. 28. 29. jon. 1. 4. to 16. mat. 8. 24. 25. i psal . 18. 6. 118. 15. 120. 1. hos . 5. 15. k psal . 143. 9. 10. 11. 12. l phil. 1. 21. 23. job 10. 1. 1 king. 19. 4. m hosea 5. 15. psal . 107. 27. 38. 30. psal . 143. 9. 10. n psal . 30. 6. jer. 22. 21. pro. 1. 27. o jonah 1. p josh . 7. 11. 12. jona . 3. 10. hos . 5. 15. isa . 27. 9. ezeck . 16. 61. c. 36. 21. to 38. q jer. 51. 42. mat. 6. 24. psal . 107. 27. 28. 29. * dan. 11. 35. r job . 1. 13. to 22. psal . 42. 7. 88. 7. & 34. 19. isa . 54. 11. s psal . 107. 28. 29. 30. jon. 1. 5. mat. 8. 24. 26. psal . 8. 9. t psal . 34. 19. & 37. 38. 39. 40. job 42. 10. 11. jam. 5. 11. psal . 94. 13. & 116. 7. isa . 14. 3. c. 57. 2. 1 king. 5. 4. mic. 7. 8. 9. v 1 pet. 5. 6. psal . 37. 34. isa . 25. 9. x gen. 7. & 8. y nah. 1. 8. 9. 10. jer. 15. 6. 7. judg. 5. 31. psal . 80. 16. z psal . 46. 1. 2. 3. 4. & 27. 1. 3 rom. 8. 35. 36. 37. 38. 39. mic. 7. 8. 9. a psal . 107. 30. b phil. 1. 23. c. 3. 2. 3. rom. 8. 23. 2 cor. 5. 1. 2. 3. 5. 8. luk. 2. 29. 2 tim. 4. 6. 7. 8. rev. 22. 20. * luk. 2. 29. gen. 46. 30. c isa 57. 20. 21. c. 1. 4. 5. 6. 2 king. 6. 33. 2 chron. 28. 22. 23. d psal . 39. 9. lam. 3. 26. judg. 10. 13. 1 sam. 3. 18. e isa . 47. 20. 21. f 2 chron. 28. 19. 22. 23. 1 cor 15. 33. g 1 cor. 5. 6. gal. 5. 9. 2 kin. 13. 6. c. 14. 29. c. 17. 21. h ps . 104. 25. lam. 4. 3. i rom. 1. 29. 30. 31. act. 13. 10. eph. 4. 19. k isa . 57. 20. jam. 1. 6. gen. 49. 4. l gen. 49. 4. jam. 1. 8. 2. pet. 2. 14. c. 3. 16. isa . 1. 5. c. 31. 6. jer. 5. 23. c. 6. 28. c. 3. 6. 8. 11. 12. hos . 11. 7. m eccles . 1. 7. n eccles . 5. 10. 12. 17. pro. 30. 15. o psal . 135. 6. gen. 1. 2. c. 7. 11. p psal . 64. 6. psal . 35. 20. and 43. 1. jer. 17. 9. q exod. 14. 28. gen. 7. 21. 22. 23. r prov. 12. 10. hos . 12. 7. act. 9. 2. zech. 3. 3. mat. 2. 16. * act. 27. 29. s prov. 5. 3. to 15. c. 1. 10. to 20. c. 7. 8. to 27. t 1 sam. 25. 10. 11. rom. 1. 29. 30. 31. 2 tim. 3. 2. 3. 4. v isa . 5. 2. 7. 2. tim. 2. 17. 1 cor. 5. 8. isa . 1. 5. 6. 7. 2 chro. c. 28. & 33. x psal . 104. 25. 26. y rom. 1. 29. 30. 31. ephes . 4. 19. 2 tim. 2. 26. rom. 6. 12. 13. 17. z mat. 7. 13. 14. luc. 13. 23. 24. rom. 9. 27. c. 10. 16. 1 pet. 3. 20. rev. 3. 4. isa . 17. 5. 6. 1 king. 19. 14. a joh. 9. 8. psal . 89. 9. psal . 93. 4. b 2 tim. 3. 2. 3. 4. jam. 3. 7. 8. psal . 2. 2. 3. * psal . 106. 13. 21. hos 6. 4. * joh. 8. 21. 24. * psal . 106. 35. 36. judg. 1. 21. 33. c. 2. 2. c psal . 2. 2. 3. 9. rev. 2. 27. ps . 50. 22. mat. 21. 44. isa . 8. 9. d psal . 125. 1. prov. 10. 30. isa . 33. 20. mat. 7. 24. 25. e rev. 19. 20. c. 20. 10. c. 21. 8. mat. 25. 41. f ruth . 1. 20. 21. exod. 1. 19. job . 3. 10. c. 13. 26. c. 23. 2. g job 3. & 6. 10. psa . 6. & 31. & 35. & 38. and 62. & 69 & 22. lam. 1. & 2. & 3. & 4. h job 7. 11. c. 9. 18. c. 10. 1. c. 25. 25. isa . 38. 15. 17. lam. 1. 4. c. 3. 15. i psal . 16. 11. isa . 35. 10. c. 51. 11. rev. 22. 2. to 8. k jam. 4. 4. 9. 10. 1 joh. 2. 15. 16. 17. . l 1 cor. 7. 30. 31. 1 joh. 2. 15. 16. m eccles 4. 8. c. 5. 15. isa 56. 11. n jam. 1. 6. isa 57. 20. o 1 cor 7. 31. p psal . 39. 9. 119. 19. levit. 25. 23. 1 chro. 29. 15. 1 pet. 2. 11. heb. 11. 8. 9. 13. 14. 15. 16. 37. 38. psal . 107. 4. 5. q job 1. 13. to 22. prov. 23. 5. r 1 sam. 4. 17 10 22. job 8. 9. c. 14. l. 2. jam. 3. 14. isa . 37. 36. psal . 103. 14. 15. 16. luk. 18. 26. psa 90. 5. 6. 7. s dan. 4. 3. to 35. c. 5. 30. 31. c 6. 23. esth . 7. t esther . 7. dan. 4. 33. v exod. 14. 27. 28. num. 31. 7. 8. 9. josh . 8. & 10. 11. & 12. judg. 1. 6. 7. c. 7. & 8. 1 king 16. 22. 2 king. 9. & 11. & 13. 14. 15. 16. 17. & 19. 21. 23. 24. & 25. 2 chron. 36. 1. to 22. dan. 4. 30. to 35. c. 5. 30. 31. act. 12. 21. 22. 23. x 1 joh. 2. 15. 16. 17. y act. 27. 29. z 1 joh. 2. 15. 16. 17. c. 5. 19. jam. 4. 4. 1 tim. 6. 9. 10. 11. a rev. 19. 20. c. 20. 10. mat. 25. 41. b 1 joh. 15. 16. 17. jam. 4. 4. col. 3. 2. c jonah . 1. 4. psal . 107. 25. 26. 29. d joh. 16. 33. 1 pet. 5. 9. 2 cor. 6. 4. 2 tim. 3. 11. 12. 2 cor. 4. 8. to 13. e job 10. 1. 1 joh. 2. 15. 16. 2 cor. 5. 2. 3. 4. rom. 8. 19. to 24. f 1 king. 19. 43. 44. job 38. 8. 9. g 1 tim. 6. 9. 10. jam. 5. 1. to 7. eccles . 2. 22. 23. h esth . c. 6. to 9. dan. 4. 30. to 34. act. 12. 11. 12. 13. luk. 12. 15. to 21. i lam. 2. 13. 2 sam. 1. 20. k heb. 6. 5. 6. 7. 2 tim. 4. 10. mat. 13. 20. 1 cor. 7. 31. 33. 34. gal. 1. 4. 1 tim. 6. 17. 2 pet. 2. 17. 20. 21. l eccles . 1. 7. m eccles . 5. 10. isa . 56. 11. n exod. 15. 5. 10. o gen. 7. 17. 18. p psal . 10. 18. joh. 3. 31. phi. 3. 19. col. 3. 2. q 1 tim. 6. 9. 10. 2 tim. 4. 10. eccl. 2. 22. 23. 1 joh. 5. 19. r phil. 2. 20. col. 3. 1. 20. 1 joh. 5. 4. 5. jam. 1. 27. 1 cor. 7. 33. s eccles . 5. 10. isa . 56. 11. hab. 2. 5. t jona . 1. 13. v 2 king. 9. 30. to 35. c. 10. 1. to 12. esth . c. 6. & 7. & 8. pro. 14. 20. lam. 1. 2. 8. psa . 88. 18. prov. 19. 20. c. 19. 14. 19. psal . 38. 11. x gen. 2. 11. lam. 2. 13. hab. 3. 9. 10. amos 9. 5. ezech. 27. 34. y 2 pet. 2. 20. 21. c. 1. 4. gal. 1. 4. z 2 pet. 2. 19. 20. 21. 1 cor. 3. 18. 19. gal. 1. 4. eph. 2. 2. eph. 6. 12. col. 2. 8. 20. 1 tim. 6. 17. 2 tim. 4. 10. jam. 4. 4. 1 joh. 2. 15. 16. 1 joh. 5. 4. 5. 19. a gen. 3. 16. c. 35. 16. 17. 18. job 3. 3. 4. 5. 8. b job 14. 1. 2. c. 3. 3. to 26. c luk. 2. 29. 30. gen. 46. 30. job 3. 3. to 10. rev. 22. 20. d phil. 1. 20. 23. 2. cor. 5 2. 31. 5. rom. 8. 22. 23. e psal . 55. 4. 116. 3. f 1 cor. 10. 2. 1 pet. 3. 21. g 1 joh. 2. 15. 16. 17. h rom. 6. 1. to 20. c. 14. 7. 8. luk. 1. 74. 75. gal. 1. 4. i gal 5. 16. 17. 18. rom. 7. 13. to 25. k gen. 7. & 8. 2 pet. 2. 5. 1. pet. 3. 20. l 1 tim. 6. 9. 10. rev. 20. 10. c. 21. 8. c. 19. 20. m exod. 15. 5. 10. n revel . 19. 20. c. 20. 10. c. 21. 8. mat. 25. 41. 42. o gen. 22. 15. c. 32. 12. josh . 11. 4. 1 king. 7. 20. 29. p job . 6. 3. psal . 40. 10. q psal . 6. 6. jer. 9. 1. 18. lam. 2. 10. 18. r 1 joh. 1. 7. mich. 7. 19. s job 7. & 14. t gen. 3. 19. eccles . 3. 20. c. 12. 7. v gen. 7. & 8. 1 pet. 3. 20. 21. 2 pet. 2. 5. x isa . 42. 2. 2 tim. 4. 17. 18. y psal . 109. 23. isa . 54. 11. job 7. 4. z 1 pet. 3. 20. 21. joh. 15. 4. 5. 6. 7. act. 2. 47. a jo● 38. 8. 10. 11. psa . 104. 9. jer. 5. 22. prov. 29. b 2 sam. 23. 2. 3. 4. deut. 17. 15. to 22. 2 chron. 9. 8. ps . 2. 10. 11. 12. c gen. 7. 8. 8. neh 1. 8. 2 pet. 2. 6. jer. 47. 2. isa . 48. 2. d exod. 14. 22. to 31. josh . c. 3. to c. 14. judg. c. 1. to 15. e psal . 104. 6. to 14. c. 107. 25. 26. 29. f psal . 119. 9. gal. 6. 16. g psal . 104. 6. to 14. h 2 thes . 3. 6. to 14. rom. 12. 6. 7. 8. i ezech. 16. 49. 1 tim. 5. 12. 13. 2 thes . 3. 6. to 13. pro. 19. 15. k ezech. 16. 45. 50. l heb. 3. 12. 13. jam. 1. 14. 15. m heb. 12. 1. 2 tim. 6. 9. n revel . 22. 11. 2 tim. 3. 13. o rev. 7. 14. dan. 11. 35. isa . 1. 25. p psal . 85. 8. hos . 14 8. q deut. 32. 5. r job 11. 15. s eph. 5. 27. cant. 4. 7. job . 11. 15. 1 pet. 1. 19. 2. pet. 3. 14. t jude 23. v job 11. 15. 1 pet. 1. 19. y 2 pet. 2. 13. jude 12. * isa . 3. 16. to 25. 1 joh. 2. 15 16. rom. 12. 1. 2. 1 tim. 2. 9. 10. z nah. 3. 17. rev. 18. 10. ps . 35. 14. 15. psa . 41. 9. 10. psal . 88. 18. pro. 14. 20. job 16. 20. c. 19. 14. to 20. psal . 38. 11. prov. 19. 4. 7. a pro. 17. 17. c. 18. 24. b job . 29. 2. to 25. luk. 16. 19. jam. 5. 3. 5. 6. c psal . 119. 71. 67. heb. 12. 11. d jam. 5. 1. to 8. prov. 1. 32. phil. 3. 19. e 2 chro. 33. 12. to 20. f psa . 119. 71. 1 pet. 1. 6. 7. heb. 12. 3. to 12. rom. 5. 3. 4. 5. g psal . 30. 5. 6. 7. psal . 107. 40. 41. ps . 113. 7. 8. h 2 tim. 4. 10. hos . 4. 7. c. 10. 1. prov. 1. 32. i 1 king. 13. 4. dan. 3. 11. to 23. k luk. 13. 24. l 1 cor. 9. 24 25. 26. 27. m joh. 11. 9. 10. hos . 4. 6. mar. 15. 14. 1 joh. 2. 11. joh. 12. 35. * act. 27. 29. * psal . 39. 1. 2. 9. * 1 cor. 13. 1. * isa . 59. 11. c. 57. 20. 21. o 1 joh. 15. 2. 15. 16. 17. p 1 cor. 7. 31. eccles . 1. & 2. q psa . 49. 16. 17. 18. jer. 15. 9. amos 8. 9. r psal . 69. mat. 14. 30. 31. t isa . 2. 22. psal . 146. 3. psa . 118. 8. 9. v psal . 61. 8. deut. 31. 6. josh . 1. 5. psal . 27. 9. 10. psal . 60. 11. x psal . 92. 2. 55. 17. ps . 53. & 56. 8. & 88. 13. dan. 6. 10. 1 thes . 5. 17. ephes . 6. 18. luk. 18. 1. c. 23. 36. y exod. 29. 39. c. 30. 7. 8. lev. 6. 12. 20. 1 chro. 16. 40. 2 chron. 2. 4. c. 13. 11. c. 31. 7. ezra . 3. 3. z the practise of piety p. 26 1. &c. heb. 10. 24. 25. deut. 6. 6. 7. c. c. 11. 19. 18. 20. psal . 95. 1. 2. 3. 4. 5. a rom. 13. 30. 31. philem. 22. 1 thes . 5. 2● . 2. & 3. 1. heb. 13. 18. 2 cor. 1. 11. b act. 27. 20. to 44. psa . 107. 25. to 31. c act. 20. 27. 31. to 40. psal . 107. 24. to 31. isa . 22. 2. jon. 2. 6. psal . 66. 12. d psal . 78. 53. psal . 3. 8. 43. 2. & 68. 20. e luk. 16. 25. job 21. 11. 12. 13. pro. 14. 13. rev. 18. 7. 8. amos 6. 1. to 8. f job 21. 12. 13. isa . 5. 11. to 16. luk. 16. 19. to 26. eccl. 11. 9. g heb. 3. 7. 8. 12. 13. 15. c. 4. 1. 11. 16. * mat. 25. 9. to 12. h luk. 19. 42 psal . 95. 7. 8. 11. 1 thes . 5. 19. i joh. 3. 8. gen. 6. 3. k 1 king. 16. 30. 31. 32. eze. 26. 37. ephes . 4. 18. 19. jer. 36. 23. 24. l psa . 38. 3. 4. 6. 8. mat. 11. 28. job 6. 2. 3. 4. amos 2. 13. rom. 7. 23. 24. 25. m hos . 14. 2. 8. rom. 6. 2. to 22. o gen. 1. 9. 10. psal . 33. 7. 104. 6. to 15. hab. 2. 14. c. 3. 15. job 38. 16. isa . 60. 5. p joh 1. 16. col. 1. 19. c. 2. 9. q psal . 104. 21. 26. 27. 28. 145. 15. 16. psa . 17. 14. mat. 5. 6. r hab. 3. 17. 18. 19. psal . 102. 26. 27. 28. isa . 19. 4. jer. 31. 34. 36. 37. c 33. 20. 21. ps . 136. & 145. 9. 15. 16. 17. 18. s gen. 1. 9. 10. job 38. 8. 9. 10 psal . 104. 6. 7. 8. 9. psal . 33. 7. psal . 136. 6. prov. 8. 29. jer. 5. 22. gen. 6. 17. c. 7. 11. to 24. c. 8. 1. to 22. t exod. 34. 6. psal . 103. 8. 9. 10. 11. psal . 86. 15. 16 v psal . 7. 11. lam. 3. 22. 23. isa . 54. 9. 10. x mat. 5. 9. to 15. luk. 8. 30. to 35. job 1. & 2. y psa . 24. 2. z 1 cor. 7. 31. 1 joh. 2. 15 16. 17. a psal . 62 10. 1 tim. 6. 17. prov. 23. 4. 5. b isa . 57. 20. jam. 3. 11. c joh. 17. 20. 21. 22. 23. rom. 12. 16. c. 15. 5. 6. phil. 2. 2. act. 4. 32. d psal . 119. 115. psal . 101. 6. 7. 8. psa . 139. 21. 22. 2. joh. 5. 5. 10. 11. 1 cor. 59. 10. 11. e 2 king. 9. 10. jer. 4. 30. c. 22. 14. ezech. 23. 40. isa . 3. 16. to 25. zeph. 1. 8. 9. f jam. 1. 6. 8. 2 pet. 2. 14. 15. 17. 20. jude 12. 13. ephes . 4. 1. g 1 cor. 9. 20. 21. 22. h act. 27. 41. i josh . cap. 3. to 13. 2 chron. 15. 5. 6. c. 36. 16. 17. 18. 19. 20. jer. 14. 19. 1 sam. 31. 1. to 7. 2 sam. 2. 26. k psal . 122. 6. 7. 8. psal . 128. 6. isa . 26. 3. 12. l 1 sam. 15. 6. 7. joh. 7. 24. mat. 23. 27. 28. m eccles . 5. 1. 7. n luk. 1. 29. 30. gen. 46. 30. rom. 8. 23. 2 cor. 5. 2. to 8. phil. 1. 23. job 14. 13. 14. c. 3. 22. o gen. 3. 19. job 4. 19. c. 34. 15. psa . 103. 14. 15. eccles . 3. 20. c. 12. 7. p gen. 27. 2. eccles . 9. 12. job 14. 1 thes . 5. 2. 3. q job 19. 25. dan. 12. 21. isa . 26. 19. act. 24. 15. rev. 20. 23. 1 cor. 15. 12. to 57 joh. 11. 23. 24. 1 thes . 4. 13. to 18. joh. 6. 39. 40. 44. 54. r 1 cor. 15. 42. 43. 44. 48. 49. 52. 53. 54. 2 joh. 3. 2. dan. 12. 3. mat. 13. 43. phil. 3. 21. 2 thes . 1. 10. s 1 cor. 15. 14. 51. 56. 57. t mar. 8. 36. joh. 12. 25. mat. 5. 29. 30. v joh. 6. 39. x 2 tim. 2. 12. rev. 20. 6. c. 22. 5. 1 thes . 4 17. y ro. 14. 7. 8. z job 19. 25. 1 joh. 3. ●●● . a 1 cor. 2. 9. isa . 64. 4. psal . 31. 19. rev. 22. 1. to 8. b psal . 19. 14. e psa . 73. 25. phil. 3. 7. 8. 9. a psal . 104. 34. b jude 13. pro. 13. 5. c. 14. 34. c isa . 26. 3. phil. 4. 7. d phil. 3. 20. col. 3. 2. 3. e psal . 107. 23. to 33. jona . 1. 5. to 17. f gen. 24. 63. psal . 77. 12. psa . 119. 97. ps . 143. 5. ps . 8. g psal . 104. 34 psal . 8. h phil. 3. 10. notes for div a91224-e49200 a gen. 2. 8. 9. b gen. 1. 28. 29. c. 2. 8. 15. c gen. 3. 6. to 20. d eccles . 2. 5. e gen. 2. 8. 9. f psal . 104. 24. dan. 2. 20. pro. 3. 19. jer. 10. 12. c. 51. 15. ephes . 3. 10. col. 2. 3. g psal . 104. 24. 1 tim. 1. 17. h psal . 147 5. job 36. 5 rev. 7. 12. i cant. 2. 12. c. 5. 13. k psal . 27. 4. psal . 90. 17. l 1 tim. 6. 16. 1 joh. 1. 5. m mat. 6. 28. 29. luk. 12. 27 isa . 40. 6. 7. 8. n 1 tim. 6. 16. o psa . 116. 1. psal . 73. 25. 26. psal . 16. 2. 5. 6. 11. p isa . 40. 6. 7. 8. psal . 103. 15. 16. psal . 90. 5. 6. 7. q psal . 104. 1. 14. 15. 16. jer. 10. 12. 13. c. 51. 15. c. 32. 17. r gen. 1. & 2. psal . 104. 14. 15. 16. psa . 33. 6. s jer. 5● . 15. dan. 2. 27. t psal . 104. 14. 15. 16. psal . 147. 8. mich. 5. 7. v psal . 116. 6. psa . 116. 6. psa . 40. 2. 3. jer. 32. 17. 27. eph. 3. 20. x psal . 33. 5. psal . 65. 11. gen. 1. 11. 12. 29. 30. y psal . 104. 24. psal . 145. 7. 15. 16. z psal . 107. 8. 15. 21. ps . 145. 7. 8. zech 9. 17. a phil. 4. 19. b psal . 104. 1. 14. 15. 16. c cant. 7. 12. c. 2. 12. 13. gen. 1. 11. 12. 29. 30. d psal . 8. 4. job 7. 17. 18. ezech. 47. 12. e psal . 145. 1. 2. 7. 21. f deut. 6. 12. c. 8. 11. g isa . 38. 21. ezech. 47. 12. 2 king. 8. 29. h gen. 2. 8. to 17. eccles . 2. 5. jer. 29. 5. 28. cant. 4. 16. c. 5. 1. 2. c. 6. 2. 3. 11. i 2 cor. 1. 3. 4. 5. 6. phil. 2. 7. 8. 9. heb. 10. 33. 34. k 2 cor. 1. 3. 4. 5. 6. l psal . 34. 8 m psa . 73. 25. cant. 2. 5. c. 5. 8. n ezech. 47. 12. deut. 11. 10 1 king. 21. 2. gen. 2. 9. o isa . 53. 4. 5. 6. 1 joh. 1. 7. c. 2. 2. rev. 1. 5. p mat. 11. 28. 29. c. 9. 11. 13. 1 tim. 1. 15. q 1 joh. 1. 7. rev. 1. 5. heb. 9. 14. r gen. 27. 27 hos . 14. 6. cant. 2. 13. c. 4. 11. c. 7. 13. s cant. 1. 3. 12. 13. 14. eph. 5. 2. cant. 5. 5. 13. rev. 8. 3. 4. t isa . 64. 6. v isa . 1. 13. 14. 15. pro. 28. 9. x rev. 8. 3. 4. y cant. 1. 3. 12. 13. 14. z gen. 2. 10. isa . 53. 11. cant. 4. 15. a isa . 55. 1 joh. 7. 37. 38. c. 4. 13. 4. 15. jer. 2. 13. zech. 13. 1. rev. 1. 5. 1 joh. 1. 7. b gen. 1. 11. 12. 22. 30. gen. 2. 8. to 16. 1 king. 21. 1. cant. 6. 2. c. 5. 1. &c. c mat. 11. 28. 29. psal . 63. 5. psal . 19. 10. isa . 25. 6. d psal . 34. 8. e psal . 80. 10. hos . 4. 13. jon. 4. 5. 6. f cant. 2. 3. isa . 25. 4. 5. c. 4. 6. c. 32. 2. psal . 121. 5. psal . 17. 8. 1 thes . 1. 10. g gen. 2. 8. to 17. c. 3. 1. 2. 3. cant. 5. 1. c. 6. 2. eccle. 2. 5. h cant. 5. 9. 10. 11. i cant. 5. 4. to 16. c. 8. 6. 7. rom. 8. 38. 39. k gen. 2. 8. to 16. isa . 51. 3. c. 61. 11. ezech. 28. 13. c. 31. 8. 9. c. 36. 35. joel . 2. 3. l cant. 5. 10. joh. 1. 1. 2. 16. rom. 8. 29. col. 2. 9. 10. m isa . 55. 1. 2. jam. 1. 5. joh. 1. 16. n gen. 28. isa . 61. 11. luk. 13. 19. o joh. 19. 41. 42. p joh. 20. 1. to 18. q mat. 28. 19. mar. 16. 15. col. 1. 5. 6. 23. rom. 10. 18. rev. 14. 6. psal . 19. 4. q mat. 28. 19. mar. 16. 15. col. 1. 5. 6. 23. rom. 10. 18. rev. 14. 6. psal . 19. 4. r joh. 18. 1. 2. 3. 26. c. 19. 41. 42. c. 20. 1. to 18. s joh. 18. 1. 2. t joh. 18. 3. to 18. v joh. 19. 41. 42. x joh. 20. 1. to 18. 1 cor. 15. 54. 55. 56. 57. y 1 cor. 15. 54. rom. 6. 9. 10. 11. z job 19. 25. 26. 27. 1 cor. 15. 20. to 56. 1 thes . 4. 13. to 18. rom. 6. 9. 10. 11. a rom. 1. 19. 20. 21. b isa . 2. 20. c. 30. 22. c. 31. 7. c gal. 3. 1. 1 cor. 10. 3. 4. c. 11. 24. 25. d ezech. 28. 13. e gen. 2. 8. 9. f gen. 1. 8. to 16. c. 3. 1. 2. g deut. 11. 10 can. 6. 2. 3. 11. to 16. c. 5. 1. 2. g gen. 2. 8. to 16. isa . 51. 3. h eccles . 2. 5 cant. 5. 1. 2. c. 6. 2. 11. i isa . 51. 3. joel . 2. 3. gen. 13. 10. k isa . 58. 11. l gen. 2. 9. 10. 11. 12. m isa . 58. 11. num. 24. 6. cant. 4. 5. n gen. 2. 15. 16. o joh. 20. 15. jer. 29. 5. 28. amos 9. 14. p ezech. 16. 49. mat. 20. 3. 6. 1 tim. 5. 13. 1 thes . 4. 11. 2 thes . 3. 6. to 16. exod. 20. 9. q gen. 2. 15. c. 3. 13. r gen. 1. 26. s gen. 2. 8. to 17. c. 3. 1. to 7. isa . 51. 3. t cant. 5. 1. c. 6. 2. 11. c. 8. 13. v jer. 19. 5. 18. amos 9. 14. x gen. 2. 15. to 25. c. 3. 1. 2. y rom. 5. 12. 13. 14. z gen. 2. 3. 16. rev. 2. 7. a gen. 3. 1. to 16. 2 cor. 11. 3. 1 tim. 2. 24. b 2 tim. 2. 26. 2 cor. 11. 3. c isa . 1. 29. c. 65. 3. c. 66. 17. cant. 5. 1. c. 6. 2. d gen. 3. 1. to 16. e gen. 3. 8. to 24. f rev. 22. 14. 15. g gen. ● . 22. 23. 24. h 2 cor. 12. 4. rev. 2. 7. i gen. 3. 1. to 9. k joh. 18. 1. to . 16. l gen. 3. 1. to 24. m joh. 19. 41. 42. rom. 6. 1. to 12. n gen. 3. rom. 5. 12. 13. 14. o joh. 18. 1. to 16. c. 19. 41. 42. rom. 6. 7. 8. 9. p rom. 5. 12. 13. q isa . 53. 4. to 12. rom. 4. 25. r gen. 3. 22. 23 , 24. ſ act. 2. 24. to 37. t rom. 5. 12. to 20. 1 cor. 15. 22. v gen. 3. joh. 19. 41 , 42. c. 20. 1. to 12. x gen. 3. 19. rom. 5. 8 , 9. y act. 2. 24. to 36. c. 13. 34. 35. 37. 1 cor. 15. 50. 52 , 53. 54. z gen. 3. 1. to 12. a gen. 2. 9. b rom. 5. 7 , 8 , 9. &c. c joh. 6. 50. 51. 54. 57 , 58. d joh. 19. 41. 42. e 1 cor. 15. 54 , 55 , 57. f gen. 3. 22. g joh. 18. 1. 2. to 16. h gen. 3. 22 , 23 , 24. i joh. 18. 1. 2. c. 19. 41 , 42. k gen. 3. 3. to 18. rom. 5. 7. to 16. l joh. 19. 41. 42. c. 20. 1. to 17. m gen. 27 27. hosea 14. 6. n cant. 5. 16. 2 cor. 2. 15. o ps . 119. 97. 47. 48. 72. 111. 112 113. 127. 140. 159. 167. p deut. 6. 6. 7. 8. 9. c. 11. 18. 19. 20. ps . 119. 97. q cant. 5. 1. 2. 3. 1 king. 21. 2. r 2 pet. 1. 3. 4. 2 cor. 1. 4. 20. rom. 15. 4. 9. 10. ps . 19. 8. 10. ps . 119. 72. 127. ier. 15. 16. ſ psal . 42. 4. to the end . ps . 43. 5. isa 1. 5. 6. to 21. act. 3. 19. 1 joh. 1. 7. t gen. 2. 8. to 16. cant. 6. 2. c. 5. 1. 2. u 2 pet. 1. 3. 4. 1 tim. 3. 16. heb. 6. 12. x psal . 1. 2. psal . 119. 97. deut. 6. 6 , 7 , 8 , 9. c. 17. 19. josh . 1. 8. y cant. 5. 1. c. 6. 2. 11. z isa . 40. 1. 2. c. 61. 1. 2. 3. c. 26. 20. rom. 15. 4. a cant. 4. 12. isa . 5. 1. b rom. 3. 2. 1 tim. 3. 15. isa . 6. 16. c rom. 2. 16. ephes . 2. 20. d jer. 39. 4. c. 52. 7. c. 29. 5. 18 amos 9 14. e mat. 28. 19. 20. mar. 6. 15. f luk. 4. 18. c. 7. 22. mat. 11. 5. jam. 2. 5. 6. 2 cor. 9. 9. g isa . 61. 11. h col. 1. 6. act. 19. 20. 1 thes . 1. 5. to the end . i joh. 5. 39. 2 pet. 1. 2. 4. 19. eph. 2. 8. to 13. c. 2. 12. 13. ps . 39. 5. 6. k psal . 143. 5. ps . 104. isa 40. 6 , 7 , 8. c. 61. 11. l col. 3. 1 , 2 , 3. m psal . 1. 1. 2. n act. 19. 19. col. 2. 8. o joh. 17. 3. jer. 23. 28 , 29. 1 pet. 1. 23. 25. psal . 119. psal . 19. 7. to 14. p rom. 1. 19. 20. 21. act. 14. 17. c. 17. 24. to 31. q luk. 13. 19. r gen. 38. 8. 9 s gen. 38. 28 , 29. 30. t ezech. 16. 4 , 5. exod. 2. 6. * gen. 21. 8. 12. c. 25. 27. judg. 13. 24. * 1 cor. 7. 36. u isa . 40. 6 , 7. 8. 1 pet. 1. 20. psal . 102. 11. psal . 103. 15. ps . 90. 5 , 6. jam. 1 , 10. job . 14. 2. * num. 1. 3. 18. c. 4. 3. 1 tim. 3. 4 , 5 , 6. 2 chr. 10. 6. to 12. * isa 34. 4. c. 64. 4. x eccles . 12. 2 , 3 , 4. y gen. 3. 19. z 2 sam. 19. 31 , 35 , 35. 1 king. 1. 1. gen. 27. 1. * zech. 11. 2. a job 5. 26. b gen. 5. 5. to 32. c gen. 23. 4. to 20. c. 47. 30. d gen. 3. 19. e gen. 3. 19. eccles . 3. 10. c. 12. 7. f 1 cor. 15. 36 , 37 , 38. to 55. 1 thes . 4. 13. to 18. job . 19. 25 , 26 , 27. g ps . 90. 5 , 6. ps . 103. 15. 16. psal . 129. 6. h eccles . 4. 3. job . 3. 11. 16. 21. c. 10. 18. 19. i isa . 40. 6 , 7 , 8. heb. 9. 27. k psal . 103. 15 , 16. isa . 40. 6 , 7 , 8. job . 14. 1 , 2. isa . 28. 1. 4. jam. 1. 11. 1 pet. 1. 24. l isa . 28. 15. 18. m job . 5. 26. n job . 14. 14. gen. 27. 2. o isa . 1. 30. c. 34. 4. c. 40. 6 , 7 , 8. c. 64. 6. job . 14. 1 , 2. heb. 9. 27. p psal . 90. 5. 6. 12 ps . 39. 4. 5. 12. q psal . 38. 35 , 36. ps . 92. 7. r isa . 1. 30. ezech. 17. 9 , 10. psal . 102. 4. 11. ſ psal . 90. 9 , 10. t deut 32. 29. u cen. 2. 8. to 17. x gen. 3. rom. 5. 8 , 9. &c. y rom. 7. 8. to 25. c. 9. 12. z rom. 1. 25. to 32. c. 7 , 8 , to 25. jam. 1. 13 , 14 , 15. a psal . 9. 17. mat. 25. 41. 46. b joh. 18. 1. to 16. c. 19. 41 , 42. c. 20. 1. to 17. rom. 4 , 25. 1 cor. 15. throughout . 2 cor. 4. 14. eph. 2. 10. c gen 3. 17 , 18 , 19. d gen. 3. 1 , 2. 1 king. 11. 1 , to 10. 2 chron. 21. 1 , to 12. 2 tim. 2. 17. c. 3. 1. to 9. 2 pet. 2. 1 , 2. col. 2. 8. act. 20. 29 , 30. * prov. 24. 31. isa . 39. 13. zeph. 2. 9. hos . 9 6. e eph. 2. 1 , 2 , 3. c. 4. 17 , 18 , 19. rom. 1. 24. to 32. job . 15. 16. rom. 7. 14. to 25. f isa . 58. 11. c. 61. 11. ezec. 36. 35. joel . 2. 3. deu. 22. 2. g col. 1. 10. 6. rom. 1. 13. phil. 4. 17. c. 1. 11. jam. 3. 17. 2 pet. 1. 5. to 11. h cant 2. 12 , 3. hosea 14. 16 , 7. ps 103. 25 , ps . 92. 17. i dan. 4. 4 30. k dan. 4. 30 , 31 , 32 , 33. c. 5. 30 , 31. c. 6. 1. to 27. psal . 37. 35 , 36. ps . 73. 18 , 19 , 20. job . 20. 5 , 6 , 7. c. 21. 11 , 12 , 13. psal . 92. 17. 2 chron. 33. 11. c. 36. 1. to 22. josh . c. 10. & 11. & 12. judg. 1. 5 , 6 , 7. job . 1. 13. to 22. lam. 4. 6. l ps . 103. 15 , 16. isa . ●0 . 6. 7. 8. m job . 1. & 2. & 3. see k. before . n isa . 40. 6. 7. 8. ps . 103. 15. 16. o job . 14. 1. 2. c. 8. 9. psal . 102. 11. p job . 14. 14. isa . 38. 1. 2. 2 tim. 4. 6. 7. 8. mat. 24. 42. c. 25. 13. luk. 12. 38. q joh. 18. 41. mat. 27. 60. 2 king. 21. 18. r eccles . 11. 8. 9. c. 12. 1. &c. ſ job . 14. 7 , 8 , 9. 12. hosea 14. 5 , 6 , 7. cant. 2. 12 , 13. psal . 104. 30. t judg. 2. 10. psal . 48. 15. eccles . 1. 4. u cant. 2. 12 , 13. job . 14. 7 , 8 , 9. 12. hosea 14. 5 , 6. 7. x joh. 42. 10. to 17. hosea 14. 5 , 6 , 7. micah 7. 8 , 9 , 10. psal . 34. 19. 22. ps . 37. 32 , 33 , 37 , 39 , 40. ps . 40. 1 , 2 , 3. psal . 138. 7. ps . 142. 7. psal . 145. 18 , 19 , 20. psal . 71. 20 , 21. ezech. 37. 1. to 12. y ps . 42. 5 , to the end . ps . 43. 2 , 3 , 5. psal . 4● . 1 , 2 , 3. 4. psal . 27. 1 , 2 , 3. 14. psal . 29. 11. psal . 31. 23. 24. ps . 40. 1 , 2 , 3. ezech. 37. 1. to 13. z hosea 14. 5 , 6 , 7. a 1 cor. 15. 55 , 56. b isay 26. 19. job . 19. 25 , 26 , 27. 1 cor. 15. 1 thes . 4. 13. to 18. joh. 11. 24. c rom. 12. 10. 16 , 18 , 19. c. 13 , 8 , 9 , 10. c. 15 , 5 , 6. 7. gen. 13. 8 , 9. eph. ● . 2 , 3 , 4 , 5 , 6. heb. 12. 14 , 15. d prov. 13. 10. c. 17. 14. c. 18. 6. 19. 1 cor. 1. 11 , 12 , 13. rom. 16. 17 , 18. e isay 5. 8. mich. 2. 2 , 3. f 2 chron. 33. 2. to 15. prov. 11. 11. c. 12. 7. c. 14. 11. psal . 140. 11. ps . 37. 38. 2 pet. 2. 1. to 22. * joh. 8. 11. 2 chro. 34. 15. 16. 17. jer. 13. 23. g gen. 3. 8. to 15. cant. 5. 1. h gen. 1. 26. to 31. c. 2. 18. to 22. c. 3. 1. to 8. psal . 8. 4. to 9. i ps . 95. 1. 7. psal . 100. 1. 2. 3. 4. k prov 13. 5. mat. 7. 6. 2 pet. 2. 21. 22. isa . 1. 6. c. 66. 3. 4. c. 64. 6. zach. 11. 8. l isa . 5. 2. cant. 4. 12. mat. 21. 33. m jer. 9. 14. isa . 55. 1 , 2 , 3. joh. 15. 5. 8. n psal . 78. 70. 71. 72. eccles . 4. 13. 14. c. 9. 15. 16. 1 cor. 1. 16. 17. 18. jam. 2. 1. to 8. 2 cor. 4. 7. to 12. 1 cor. 4. 9. to 14. job . 32 9. jer 5. 5. 6. o dan. 11. 21. psal 15. 4. isa . 32. 5. 6. p mal. 3. 16. 17. mat. 7. 22. 23. act. 10. 34. col. 3. 25. 1 pet. 1. 17. q prov. 12 26. ps . 16. 3. r isa . 5. 1 , 2 , 3. gen. 2. 8 , to 12. 1 king. 21. 2. cant. 4. 12. mat. 21. 33. ſ isa 41. 8 , 9. c. 44. 1 , 2. eph. 1. 4. 2 thess 1. 13. 1 pet. 2. 9. rev. 17. 14. t cant. 4. 12. matth. 21. 33. isa 5. 2. u psal . 125. 2. isay 4. 5. 6. c. 5. 1 , 2. c. 27. 2 , 3. psal . 34. 7. ps . 121. 3. to the end . x mat. 21. 33. isay 5. 2. 6. luc. 13. 19. y psal . 129. 3. jer. 26. 18. jer. 4. 3. hos . 2. 23. c. 10. 12. 2 chr. 33. 11 , 12 , 13. psal . 119. 67. isay 48. 10. z jer. 22. 21. 2 chron. 34. 16 , ●7 . a heb. 12. 10 , 11. ps . 119. 67. isa . 1. 25. dan. 11. 35. mal. 3. 3. b isa . 5. 1 , 2 , 3. mat. 21. 33. c 1 pet. 2. 2. isa 55. 1. 3. joh. 6. 30. to 62. d 1 cor. 3. to 12. e rom. 7. 18. joh. 1. 1● . act. 20. 32. c. 26. 18. f isa . 5. 1. to 8. ps . 80. 12. 13. 2 chron. 24. 15. 16 , 17 , 18. g gen. 2. 8. isa . 5. 2 , 3. jer. 29. 5. 18. amos 5. 11. c. 9. 14. h gen. 3. 17. 18 , 19. heb. 6. 8. prov. 24. 31. zeph. 2. 9. hosea 9. 6. isa . 34. 13. i isa . 60. 21. c. 61. 9. 1 cor. 3. 5. to 12. eph. 2. 1. to 14. k isa . 61. 11. l mat. 13. 8. 24. joh. 15. 5. 8. col. 1. 10. m gen 3. 18. isay . 34. 13. prov. 24. 31. zeph. 2. 9. hos . 9. 6. n mat. 13. 24. to 51. rev. 2. 3. 1 joh. 11. 8. 9. 10. jam. 3. 2. rom. 7. 7. to . 25. prov. 24. 16. o heb. 12. 15. 16 , 17. mat. 13. 1. 23. heb. 4. 1. 11. c. 3. 13. 1 cor. 5. 6 , 7. p prov. 24. 30 , 31. q hab. 1. 13. prov. 13. 5. 1 cor. 5. 1 , 2 , 6 , 7 , 10 , 12 , 13. r rom. 6. 1. to 23. c. 7. 7. to 25. gal. 5. 16. to 26. heb. 12. 4. 1 cor. 9. 26 , 27. ſ joh. 1. 16. col. 1. 10. eph. 1. 23. c. 3. 16 , 17 , 18 , 19. 2 pet. 1. 5. to 12. 2 cor. 8. 7. t cant. 5. 1 , 2. c. 6. 2. 11. c. 8. 13. gen. 27. 27. hos . 14. 6. u psal . 16. 3. acts 2. 42 , 46 , 47. heb. 10. 24 , 25. 1 joh. 1. 3. c. 2. 19. ps . 27. 4. x psal . 84. 1. to 12. psal . 42. 1 , 2. ps . 27. 4. y cant. 5. 1. c. 6. 2. 12. c. 8. 13. z cant. 8. 13. c. 6. 2. 2 cor. 6. 16. 17. 18. lev. 26. 12. eph. 3. 17. rev. 7. 15. c. 21. 3. c. 3. 20. gal. 2. 20. 1 joh. 3. 24. c. 4. 16. a gen. 2. 5 , 6. 10. 11. job . 8. 16. c. 14. 9. isa . 1. 30. jer. 14. 1. to 21. isa . 58. 11. ps . 65. 10. 11. hosea 14. 5 , 6 , 7. b isa . 27. 2 , 3. mal. 4. 2. psal . 80. 7. 19. luc. 1. 78 , 79. 2 cor. 4. 4. 6. ps . 72. 6. joh. 1. 16. heb. 6. 6 , 7. ephe. 4. 15. c. 2. 21. 2 thess . 1. 3. 1 pet. 2. 2. 2 pet. 3. 18. 1 cor. 3. 5. to 11. c ps . 1. 3. jer. 17. 8. ps 92. 13 , 14 , 15. d eph. 2. 10. 12 , 13. 16. to 25. c. 3. 5. 6. gal. 3. 27 , 28. jam. 2. 1. to 10. mat. 13. 47 , 48. e acts 10. 11. to 17. mat. 13 , 47 , 48 , 49. f psal . 19. 11. rom. 10. 18. matth. 28. 19. mar. 16. 15 , 16. g gen. 2. 10. num. 24. 6. isa . 58. 11. h ps . 1. 3. jer. 17. 8. heb. 6. 7. cant. 4. 15. isa . 27. 2 , 3. joh. 4. 13 , 14 , 15. c. 7. 38. c. 19. 34. 1 joh. 5. 6. 8. re. 21. 6. c. 22. 17. 1 cor. 3. 5. to 12. i heb. 6. 8. mat. 3. 10. c. 7. 19. luc. 13. 6 , 7 , 8. k psal . 80. 13. cant. 2. 15. l psal . 80. 12 , 13 , 14 , 15. 2 chron. 34. 15. to 19. acts 8. 1 , 3 , 4. c. 9. 1 , 2. c. 12. 1. to 7. m ps . 125. 2 , 3. n luc. 13. 19. 1. cor. 15. 36 , 37 , 38. mat. 13. 8. o sanguis martyrum semen ecclesiae . cyprian . p acts 8. 1. to 16. c. 11. 19. to 25. exod. 1. 11 , 12 , 13 , 14 , 15. q exod. 1. 12. philemon . 10. philip. 1 1. 14. 16 , 17 , 18. acts 8. 1. to 16. r euseb . theoderet . nicephorus , socrates , evagrius , the centuries , the english , & french books of martyrs . ſ job 14. 7 , 8 , 9. cant. 2. 11 , 12 , 13. hosea . 14. 5 , 6. ps . 104. 29 , 30. 14. isa . 53. 2. mat. 24. 32. t psal . 51. 9 , 10 , 11 , 12. psal . 42. 5 , 6. ps . 77. 1 to 11. revel . 3. 2. u hosea 14. 5 , 6. mich. 7. 8 , 9. isa . 40. 29 , 30 , 31. job 17. 9. ps . 92. 12 , 13 , 14 , 15. luc. 22. 32 rev. 2. 19. x 1 joh. 3. 9. ps . 1. 3. ps . 125. 1 , 2. rom. 8. 35. to the end . jer. 32. 38 , 39 , 40 , 41. esa . 58. 11. ps . 37. 24. y cant. 2. 11 , 12 , 13. hos . 14. 5 , 6. isa . 60. 1. eph. 5. 14. z stapleron , bellarmin ▪ bozius , augustinus triumphans , and others . z 1 kings 19. 14 , 15. 18. ro. 11. 3. to 6. mat. 26. 56. acts 8. 1. heb. 11. 36 , 37 , 38. a job 42. 10 , to 17. b mic. 7. 8 , 9 , 10. ps . 27. 14. ps . 37. 5 , 6 , 7 , 34. 39. 40. ps . 40. 1 , 2 , 3. psal . 113. 7 , 8 , 9. c exod. 1. 10 , 11 , 12 , &c. act 8. 1 , to 16. d exod. 1 , & 2. gen 38. to 49. c. 50. 20 , 21. ester . c. 5. to 10. dan. 3. 19. to the end . &c. 7. throughout . e gen. 37. to 50. f esth 5. to 10. g exod. 1. & 2. h jude 12. i cant. 2. 11 , 12 , 13. mat. 24. 32. hosea 14. 5 , 6 , 7. job 14. 7 , 8 , 9 , 10. k isa . 66. 14. mal. 4. 2. joh. 15. 2. 7. 8. l jam. 2. 17 , 18. mat. 5. 16. rev. 2. 19. m jude 12. n isa . 5. 1. to 8. o psal . 80. 12 , 13. isa . 5. 1. to 8. 2 chron. 34. 15. to 20. rev. 2. 5. heb. 6. 4 , 5 , 6 , 7 , 8. c. 2. 3. c. 3. 11. to 17. matth. 3. 9. c. 7. 19. p 1 chr. 28. 9. psal . 95. 10 , 11. heb. 3. 11 , 12. 1 chr. 34. 16. heb. 6. 5 , 6. dan. 1. 28. to 32. heb. 12. 17. q pro. 22. 24. 25. 1 cor. 5. to 13. heb. 12. 15. 2 pet. 2. 1. 2. 2 cor. 6. 14. 15. 16. 17. 18. r psal . 26. 4. 5. psal . 6. 8. ps . 101. 2. to the end . psal . 119. 115. psal . 139. 19. pro. 1. 12. to 17. isa . 52. 11. rev. 18. 4. psa . 1. 1. s isa . 1. 2. to 28. heb. 6. 5. 6. 7. 8. 2 pet. 2. 1. to the end . rev. 2. 4. 5. 14. 15. 16. 19. 20. c. 3. 15. 10. 17. mat. 7. 21. 22. 23. t cant. 5. 13. exod. 30. 34. 23. isa . 42. 24. jer. 6. 20. v phil. 1. 12. 13. 14. jam. 5. 10. 11. act. 8. 1. to 16. 1 pet. 1. 6. 7. 1 thes . 1. 5. 6. 7. 8. rom. 1. 8. x psal . 51. 17. isa . 66. 2. y rom. 2. 5. z joel . 2. 13. a host . 7. 7. 8. jer. 29. 5. eccles . 2. 5. luk. 13. 19. b col. 1. 6. mar. 16. 15. 2 pet. 1. 1. c ephe. 2. 13. 14. 15. to the end c. 4. 4. 5. 6. 7. 13. 14. rom. 15. 5. 6. d jer. 29. 5. 18. amos. 9. 14. esth . 1. 5. c. 7. 7. 8. e psal . 68. 18. psal . 131. 14. levit. 26. 11. 12. 2 cor. 6. 16. rev. 21. 3. f joh. 13. 1. rom. 11. 29. joh. 14. 16. 17. isa . 59. 25. g phil. 1. 10. 11. col. 1. 9. 10. gal. 5. 18. 22. 23. h rev. 2. 5. mat. 21. 43. i joh. 10. 28. 29. rom. 11. 29. c. 8. 30. to the end . k cant. 6. 2. 3. 12. 1 king. 21. 2. l 1 cor. 12. 4. to 31. ephes . 4. 13. 16. i rom. 1. 8. eph. 1. 15. col. 1. 4. 1 thes . 1. 3. k eph. 4. 5. col. 1. 23. k col. 1. 4. 2 thes . 1. 3. l num. 12. 3. zeph. 2. 3. m jam. 5. 11. n dan. 6. 10. o phil. 4. 11. p 1 cor. 12. 8. phil. 1. 9. q 1 pet. 1. 8. rom 15. 13. 2 cor. 8. 2. rom. 15. 13. 2 cor. 8. 2. r 1 cor. 12. 4 to 31. s eph. 2. 15. 16. 21. c. 4. 4. 5. 6. 13. t 1 cor. 12. 4. to 31. v joh. 1. 16. x col. 2. 9. 10. ephes . 1. 23. y heb. 5. 12. 13. 14. 1 cor. 3. 1. 1 pet. 2 , 2. z jer. 39. 4. c. 52. 7. eccl. 25. 2 king. 21. 18. 1 king. 21. 2. esth . 1. 5. c. 7. 7. 8. a cant. 4. 12. 15. 16. c. 5. 1. c. 6. 2. 11. c. 8. 13. b gen. 2. 8. 9. 10. c. 13. 10. isa 51. 3. ezec. 28. 13. c. 31. 8. 9. joel . 2. 3. c psal . 149. 4. lev. 26. 11. 12. isa . 5. 7. z psal . 1. 3. jer. 17. 8. ezec. 47. 13. 37. 35. a isa . 1. 30. c. 64. 5. b psa . 1. 3. psa . 37. 31. pro. 17. 8. ezech. 47. 12. rom. 8. 30. to the end . cant. 8. 8. 6. 7. c 2 tim. 4. 16. mat. 13. 21. d 1 joh. 3. 9. e mat. 13. 21. luk. 8. 13. jude 12. f eph. 2. 1. 1 tim. 5. 6. rev. 3. 1. g jude 12. h 1 john 2. 19. eph. 4. 13. to 17. heb. 10. 23. 24. 25. i 1 cor. 5. throughout . 1 tim. 1. 20. mat. 18. 17. k mat. 6. 28. 29. 30. l isa . 61. 3. m mat. 5. 36. 1 tim. 2. 9. 10. 1 pet. 3. 3. 4. 5. 1 thes . 5. 22. 23. n phil. 1. 10. o isa . 3. 16. to 25. 2 king. 9. 30. jer. 4. 30. ezech. 23. 40. rom. 12. 1. ezech. 16. 49. 50. 1 pet. 3. 2. 3. 4. 5. k gen. 13. 10. num. 24. 6. l isa . 66. 2. c. 57. 15. jam. 4. 6. 1 pet. 5. 5. 6. l esth 7. 7. m psal . 119. 1. 3. 32. gal. 6. 16. psal . 1. 1. 2. n psal . 19. 7. to 13. jer. 15. 16. psal . 119. b cant. 2. 12 gen. 1. 12. c. 2. 9. job 8. 16. c eph. 2. 1. to 8. 1 cor. 6. 9. 10. 11. joh. 1. 16. col. 1. 9. 10. 11. 1 thes . 1. 5. to 10. d rom. 8. 28. 29. 30. eph. 2. 1. to the end . e 1 tim. 1. 15 16. 13. 14. 2 chron 33. 13. 14. f psal . 103. 15. 16. isa . 40. 6 7. 8. mat. 6. 30. g 1 joh. 3. 9. rom. 11. 29. 2 tim. 2. 19. jer. 32. 39. 40. rom. 8. 30. to the end . psal . 125. 1. 2. 3. psal . 37. 23. 24 , isa . 40. 29. 30. 31. joh. 10. 28. 29. h 1 cor. 15. 1 thes . 4. 14. 16. job 19. 25. 26. 27. i psal . 4. 8. psal . 116. 7. k psal . 4. 4. notes for div a91224-e74960 a gen. 1. 26. 27 c. 5. 1. c. 9. 6. ephes . 4. 24. col. 3 10. b gen. 2. 7. c psal . 16. 10. psal . 30 3. psa . 34. 22. psal . 72. 14. d 1 cor. 6. 19. 20. e luk. 16. 22. f 1 pet. 5. 8. job 1. 7. g psal . 49. 7 8. mat. 16. 26. mar. 8. 36. h job . 4. 19. 2 cor. 5. 1. 2. i gen. 2. 7. c. 3. 19. c. 18. 27. eccles . 3. 20. c. 12. 7. job 4. 19. k isa . 3. 18. to 25. rom. 13. 13. 14. 1 tim. 2. 9. 1 pet. 3. 3. 4. 5. l isa . 3. 18. 19 20. 21. 22. ezec. 27. 13. to 28. isa . 23. 2. 8. m 1 cor. 4. 9. to 14. 2 cor. 4. 8. 9. 10. 11. 2 chron. 36. 15. 16. mat. 33. 31. 37. act. 7. 52. n jam. 5. 14. 2 king. 1. 2. 3. to 18 c. 7. 8. 9. o 2 king. 8. 29. c. 9. 15. c. 5. 3. to 26. mat. 4. 14 c. 8. 16. c. 12 15. 22 c. 15. 30. c. 19. 2. act. 28. 9. joh. 5. 3. to 10. p ephes . 2. 1. 2. ezech. 16. 6. psal . 38. 1. to 12. isa . 1. 6. q isa . 65. 1. rom. 9. 14 , 15 , 16. joh. 1. 10 , 11. r mal. 3. 14. ſ psal . 38. 4 ● psal . 40. 12. ps . 49. 5. heb. 12. 1. isa . 1. 6. t hab. 1. 13. u isa . 1. 6. 16. jer. 4. 14. x luk. 19. 19. gen. 9. 3. 1 sam. 25. 11. 36. esther 1. 3. to 10. isa . 22. 13. amos 6. 4 , 5 , 6. y gen. 3. 19. eccles . 3. 20. c. 12. 7. z 1 cor. 11. 27. 29. 2 cor. 2. 15. 16. heb. 4. 2. a isa . 55. 1 , 2 , 3. b isa . 3. 18 , 19 , 20. luk. 16. 19. gen. 45. 22. 1 pet. 3. 3 , 4. 2 sam. 1. 24. zeph. 1. 8. mat. 11. 8. c rev. 3. 17. 18. d rom. 13. 14. rev. 3. 18. psal . 45. 13 , 14. e ps 90. 5 , 6. ps . 103. 15 , 16. isa . 40. 6 , 7 , 8. f esther . 1. 3 , to 12. 2 chron. 7. 8. amos 6. 4 , 5 , 6. job 21. 11 , 12 , 13. jam. 5. 5. g jam. 1. 23. 24 , 25. i 1 pet. 3. 3 , 4 , 5. 1 tim. 2. 9 , 10. k dan 13. 3. matth. 13. 43. l gen. 2. 7. c. 3. 19. c. 18. 27. job 4. 19. c. 14. 1 , 2 , 3. ps . 103. 14. psal . 104. 29. eccles . 3. 20. c 12. 7. m psal . 103. 15. isa . 28. 1. 4. c. 40. 6 , 7. jam. 1. 11. 1 pet. 1. 24. n isa . 3. 18. 24. o ps . 102. 11. ps . 109. 23. ps . 144. 4. job 8. 9. c. 14. 2. c. 17. 7. p psal . 39. 11. psal . 49. 14. q mat. 25. 41. mar. 9. 43 , 44 , 46 , 47. rev. 1● . 20. c. 20. 10. r dan. 12. 3. matth. 13. 43. notes for div a91224-e78450 oan . 20. 19. * john 20 : 19. * rev. 2. 7. 11. 17. 21. c. 3. 5. 12. 21. c. 21. 7. 2 tim. 1. 7. 8. * rev. 2. 7. 11. 17. 21. c. 3. 5. 12. 21. c. 21. 7. 2 tim. 4. 7 8. * 0. m 4. 9. 1 c. 5. 1. * pro. 14. 13. * 2 cor. 4. 17. 2. tim. 2. 12. * joh. 8. 36. gal. 5. 1. * psal . 37. 24. * 2 cor. 4. 17. 2 tim. 4. 8. levit. 25. 23. * psal . 39. 12. psal . 119. 19 2 chron : 29 15. heb. 11. 13 1 pet . 2. 11. * gen. 12. 28. to 48. act. 7. 3. to 17. heb. 11. 8. * isay 41. 5. 6. * heb. 11. 14. 16. * prov. 11. 8. c. 21. 18. c. 12. 13. * psal . 18. 2. psal . 1. 3. psal . 144. 2. * isay 53. 4. 5. 6. 8. 10. rom 4. 25. 1 cor. 15. 3 1 pet. 2. 24. * heb. 12. 2. c. 13. 12. 12. gal. 3. 13. phil. 2. 8. * phil. 1. 29 2 tim. 2. 12. rev. 7. 13. to 17. the church of englands old antithesis to new arminianisme vvhere in 7. anti-arminian orthodox tenents, are euidently proued; their 7. opposite arminian (once popish and pelagian) errors are manifestly disproued, to be the ancient, established, and vndoubted doctrine of the church of england; by the concurrent testimony of the seuerall records and writers of our church, from the beginning of her reformation, to this present. by william prynne gent. hospitij lincolniensis. prynne, william, 1600-1669. 1629 approx. 461 kb of xml-encoded text transcribed from 99 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a10180 stc 20457 estc s115281 99850500 99850500 15708 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a10180) transcribed from: (early english books online ; image set 15708) images scanned from microfilm: (early english books, 1475-1640 ; 1033:6) the church of englands old antithesis to new arminianisme vvhere in 7. anti-arminian orthodox tenents, are euidently proued; their 7. opposite arminian (once popish and pelagian) errors are manifestly disproued, to be the ancient, established, and vndoubted doctrine of the church of england; by the concurrent testimony of the seuerall records and writers of our church, from the beginning of her reformation, to this present. by william prynne gent. hospitij lincolniensis. prynne, william, 1600-1669. [56], 140 p. [printed by augustine mathewes and elizabeth allde for michael sparke], london : 1629. printers' and bookseller's names from stc. mathewes probably printed a⁴ a-c⁴ b-g⁴. probably issued with his "god, no impostor nor deluder" (stc 20460). reproduction of the original in the henry e. huntington library and art gallery. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of england -controversial literature -early works to 1800. arminianism -controversial literature -early works to 1800. 2002-03 tcp assigned for keying and markup 2002-04 aptara keyed and coded from proquest page images 2002-05 tcp staff (oxford) sampled and proofread 2002-05 emma (leeson) huber text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion the chvrch of englands old antithesis to new arminianisme . where in 7. anti-arminian orthodox tenents , are euidently proued ; their 7. opposite arminian ( once popish and pelagian ) errors are manifestly disproued , to be the ancient , established ; and vndoubted doctrine of the church of england ; by the concurrent testimony of the seuerall records and writers of our church , from the beginning of her reformation , to this present . by william prynne gent. hospitij lincolniensis . galatians . 1. 9 , 2. iohn 10. if any man preach any other gospell vnto you , then that you haue receiued , let him be accursed . if there come any vnto you , and bring not this doctrine , receiue him not into your house , neither bid him , god speede . vincentius lerinensis contra . haereses . cap. 39. quicquid omnes , vel plures vno eodemq , sensu , manifeste , frequenter , perseueranter , velut quodam sibi consentiente magistrorum concilio , accipiendo , tenendo , tradendo firmauerint , id pro indubitato , certo , ratoq , habeatur . london . 1629. to the high and honourable court of parliament now assembled . right christian , honourable , and religious senators ; that all-disposing prouidence of our euer-blessed god , which hath lately conuented , and since that centered you , with an vnanimous and inflexible resolution , vpon the examination of the seuerall innouations , restraints , and pressures of our much endangered religion , to the great content and ioy of all good christians : hath at this time directed me to pen , and inuited me to publish , this anti-arminian index , ( which here lies prostrate at your feete , imploring your most gratious and free protection , ) to further your religious and happy proceedings , in the discouery and suppression of those hereticall and grace-destroying arminian nouelties , which haue of late inuaded , affronted , and almost shouldred out of doores , the ancient , established , and resolued doctrines of our church ; to the intolerable griefe of all true christian hearts ; the exultation and triumph , of our romish aduersaries ; the prouocation of gods heauy wrath and curse against vs , ( who hath blasted all our publike enterprises , since these arminian errous haue crept in among vs : ) and to the great endammagement and disturbance of our church , and state ; which are like to sincke and perish vnder them , vnlesse your medicinall and helping hands forthwith support them . for me , or any other now to question : ( as i feare too many doe ) whether parliaments haue any true , or legall right , in the reformation , establishment , and rescue of religion ; in the explanation of our articles , or in church affaires ; were but to dispute ; not onely our non-preaching , pluralitie , commenda , and non-resident men , ( the chiefe fomenters of popery and arminianise , and the onely cauellers at parliamentary proceedings in matters of religion , ) a out of all their benefices and ecclesiasticall promotions , ( a happy and much desired worke : ) but euen all our bishops , our ministers , our sacraments , our consecration , our articles of religion , our homilies , common-prayer booke , yea , and all religion out of our church , which are no other way publikly receiued , supported , or established among vs , but by acts of parliament , as i haue more largely proued in a * former epistle . hee who hath seriously suruayed the statutes of our kingdome , shal finde religion and church-affaires , determined , ratified , declared , and ordered by act of parliament , and no wayes else ; euen then when popery , and church-men had the greatest sway , ingrossing all ecclesiasticall iurisdiction to themselues alone : and shall wee then doubt , whether parliaments haue any conusance of religion now ? it is the positiue resolution of all the fathers , of all pro●estant , ( and i thinke of most popish ) diuines : b that kings , and temporall magistrates , ought to bee the chiefe defenders and patrons of religion ; the suppressors of haeresies , idolatries , and false doctrines : the principall reformers of the church : and they produce the examples of moses , ioshua , dauid , iehosaphat , solomon , hezechiah , iosiah , constantine , charles the great , iustinian , theodosius , william the conquerour , henry the first of england , canutus , edgar , edmund , richard the second , henry the fifth , king iue , alured , ercombert , ethelbaldus , and others : together with the prophesie of isay , cap. 9. 13. kings shall bee thy nursing fathers , and queens thy nurses : the 17. of deutr. 18. 19. psalm . 2. 10. the 1 tim. 2. 1. 2. rom. 13. 1. 2. 3. iude 1. 2. and other scriptures for to prooue it . why then may not our king , our parliament , and temporall magistrates now , as well as heretofore , intermedle with religion , if all these examples , this conclusion passe for currant ? is it from any disability in their persons , because they are but laicks ? why such were all these kings and magistrates : such were all the ancient and moderne reformers of the church , that euer i could read of : such were all our parliamentary men in former ages , c who established poperie , and since that * abolished it , by publike acts of state , confirming that orthodox and true religion in our church which now we all professe : yet none findes fault with them . such a one was d valdo , that citizen of lions , the father of the renowned waldenses , or protestans in france , and the originall author of the first open defection from the antichristian church of rome : yet all good protestants applaud this act of his . such are the maior part of our ecclesiasticall commissioners , who yet determine of haeresies , false doctrines , scismes , and the sense and meaning of our articles , yet no man quarrels or excepts against them . why then should they deny this power vnto parliaments , because they are but lay , which they acknowledge , and admit in these ? especially , since all our churchmen are virtually included in our parliament , and so suffragate to its conclusions in our prelates ( the vnquestionable iudges of points and controuersies in religion ) who are chiefe members of this mixt assembly , compacted both of church and state , and so not wholly lay or ciuill , as some vainely fancy . is it because parliaments want conusance or power to deale in church affaires , and matters of religion ? how then was popery heretofore implanted , since that exiled , and our present orthodoxe religion , with all its seuerall circumstances , and adiuncts , estated , and lawfully setled in our church by act of parliament ; if parliaments haue no legall , but onely an vsurped iurisdiction in matters , articles , rites , and tenents of religion , as some papists haue auerred , and the e fore-quoted learned prelates and writers of our church refelled ? certainely if our parliaments haue such a transcendent power , as to authorize f sheriffes in their turnes , and stewards in their leetes and wapentakes , to enquire of haeresie and haeretiques : as to enable g iustices of the peace and quorum , to indite and punish scismatiques : as to h associate an equall number of the temporalty with the clergie , in collecting , ordering , and composing ecsiasticall canons , lawes , and constitutions , for the regulating of ecclesiasticall courts and persons , and the better ordering of the church : as to i authorize his maiesties commissioners in causes ecclesiasticall , though lay-men ( as many of them are ) to exercise all spirituall and ecclesiasticall iurisdictions , priuiledges , superiorities , preheminences and authorities , as by any spiritual or ecclesiastical power or authority hath heretofore beene , or may lawfully be exercised or vsed , for the visitation of the ecclesiasticall state and persons , and for reformation , order , and correction of the same , and of all manner of haeresies , errors , scismes , and ecclesiasticall abuses , offences , and enormities : much more haue they iurisdiction of these things themselues ; else they could not collate , or transferre such iurisdiction vnto others . is it then because the worthy , iudicious members of our present parliament , want learning , iudgement , or sufficiencie , to discerne of spirituall truthes ? to vnderstand the sense and meaning of our articles which themselues long since k confirmed ? to distinguish popish and arminian errors , from receiued , from vndoubted orthodox conclusions ? or because they are so barbarously illiterate , or irreligiously ignorant , as not to know the obuious , professed , established , and long continued doctrines of our church , which euery catechized country peasant , or schoole-boy can repeate ? alas , what english , spanish , romish spirit , can be so impudently absurd , so prodigiously intoxicated , as thus to idio●ize , yea quite vnchristen the piety , and all-sufficiencie of our selected senate , the most iudicious and supreame counsell of our king and state ? can any man who knowes their most accomplished abilities ; their dexterity and insight in religion , so much as once conceiue , such a grosse stupidity , or more then damnable and vnchristian ignorance in this very flower of our church , and pillars of our state , as that the proper sence of our receiued articles , or the long-continued , plaine , and oft-resolued doctrines of our church , are yet kept sealed from them ? what is this , but to brand them all for ignorants , or to stitch the colliers , or papists blinde implicite faith vpon them l to beleeue onely as our church beleeues , and yet to know no distinct particular tenents which she doth beleeue ? what , but to aduance our ecclesiasticall commissioners aboue our parliament , in admitting them to bee competent and able iudges of haeresie , scisme , and of the sence and meaning of our articles , when as the parliament which confirmed them are not such ? and to denie that priuiledge m of iudging doctrines ; trying spirits ; prouing all things , distinguishing the voyce of christ , and of his spirit , from the voyce of strangers , theeues , and false seducing spirits , to the prime and choysest of christs flocke , which is common to , inseparable from , the very meanest of his lambes and sheepe ? if then parliaments haue alwayes anciently intermedled with matters of religion , by a constant , iust , and legall right : if there bee now no sufficient disability , either in the members , iurisdiction , skill , or requisite abilities of our present parliament , to censure or examine the violations of our established articles , and religion , or to settle , protect , define , declare , and ratifie the proper sense and meaning of our articles , and the vndoubted doctrines of our church : i see no cause why any clergy men ( vnlesse they are guilty of sophisticating , or betraying the truthes , and doctrines of our church ; and therefore feare the doome of parliaments , from which there is no euasion ) should quarrell , or except against your pious progresse in matters of religion , ( which most of all concerne vs ) nor yet repine at laicks ( as they do ) for writing in their iust defence . this stumbling-blocke of parlimentary iurisdiction in causes of religion , ( which stickes and takes with many ) being thus in briefe remoued ; and your present honourable proceedings in the examination of the innouations , and violations of the ancient religion , and the resolued doctrines of our church , absolued from the vniust exceptions of ignorant , obnoxious , or ill-affected spirits , who only censure and dislike them : it may be here demanded , what doctrines , what religion are now to be established ? surely no other but those ancient , orthodox , and dogmaticall conclusions , which the church of england , since her reformation , hath alwaies constantly embraced , ratified , and defended as her owne ; but those especially , which popery and arminianisme haue of late inuaded . yea , but how may parliaments infallibly discerne what tenents are our churches genuine doctrines , when as both sides lay equall claime , and title to our church ? arminians now appealing to her , aswell as their opposers . for resolution to this quaere , i shall first of all take two things as vndoubted theories . first , that the church of england hath some certaine , positiue , particular , established , receiued , yea resolued doctrines , which shee may truely call her owne : in which , all necessary truthes , ( especially such , wherein the very marrow , efficacy , life , and power of grace , and all true christian comfort doe subsist ) are actually , euidently , and fully comprehended : else it will ineuitably follow , that as yet shee hath no sound religion in her , and is as yet no true , no christian church . secondly , that all these seuerall doctrines , are , not onely cognoscible in themselues ; but likewise publikly , indiuidually , and distinctly known in our church : else all our articles , preaching , writing , and disputes , ( together with the bloud shedde of our famous martyrs , and all apologies for our religion ) from the beginning of reformation to this present , are in vaine ; and wee haue yet no other , but an indefinite , confused religion : an ambiguous , implicit , popish faith , ( which in truth is no religion , no faith at all : ) and so our danger is , a our condemnation shall be greater , then euer sodomes or gomorrahs were , who neuer had such meanes , such light as we . these two irrefragable conclusions being thus praemised : this quaere may be thus resolued : the onely infallible way to determine , to finde out the ancient , the vndoubted doctrines of our church , is to compare them with the rules of triall : the originall touch-stone by which all theologicall conclusions must bee examined , is the scriptures : and these , ( together with the ancient fathers , and approued councels ) wee dare to challenge as our owne , if the naked truth of our assertions were the thing in issue : but our present inquirie being of a different nature , to discouer the true ancient doctrines of our church , and distinguish them from pestilent vpstart errors ; wee must heere proceed by other triers ; euen the articles , homilies , common prayer booke ; the publike euidences , records , and declarations ; with the concurrent testimony of all the learned writers of our church : the onely grand-iury-men to try , the best euidences , the sole witnesses to proue , the most impartiall and able iudges to determine the doctrines of our church . that which all these doe ioyntly , cleerely , fully vote , confirme , approue , and testifie , a parliament may safely declare , and ratifie to bee ; that which they all , or most disclaime , a parliament may iustly censure not to bee ; the vndoubted and resolued doctrine of our church . if then all these giue vp their ioynt and seuerall suffrages for our anti-arminian conclusions ; if they all passe sentence against their opposite arminian errors , ( as this present treatise will vndenably prooue them to haue done ) you may confidently declare , resolue , re-establish the one , as being ; exile , yea damne the other , as not being , the ancient , receiued , and vndoubted doctrine of our english church . and why should you now make any doubt or scruple of passing such a sentence ? neuer were there any truthes more copiously confirmed ; more constantly defended ; more posit●uely resolued ; more aboundantly propagated ; more generally preached ; more vnanimously imbraced ; more vncontrolably published , more peremptorily established in our church , then these anti-arminian tenents , which i heere present vnto you : there is scarce one publike ( whether ancient or modern ) act , record , or euidence of our church , since her reformation hitherto , but doth in terminis , at least in substance , guie iudgement for them : scarse a learned or godly martyr of note or eminency in our infant church , but hath planted them with his hand , watred them with his bloud . scarce one diuinity professor in either of our vniuersities ; hardly an orthodox or renowned writer in our church , from the beginning of king edward the 6. his raigne till this very present : but hath subscribed them with his hand and feale , and transmitted them to posteritie in some publike worke. not one constant preacher of a thousand , who hath not proclaimed them in the pulpit . scarce a graduate in diuinitie , but hath either in lectures or disputes , defended them in the schoole . scarce an act , or commencement hath passed in either of our famous academies , wherein all , or some of them , haue not bene publikely affirmed in diuinity exercises . not one authorized or approued writer of our church ( for i count not * barret , thomson , mountague , or iackson such , the only opposites to them , that i know off , and those generally opposed , by all our orthodox diuines ) who did euer once oppugne them : yea al such who haue formerly but barked against them in their inconsiderate sermons , haue beene forced to sing a publike palinodie for their paines : as the recantations of barret , sympson , and others largely testifie : and shall wee now beginne to question , whether they are the doctrines of our church or no ? because some pur-blinde , squint-eyed , ideall arminian nouellists , begin for to dispute it ? what is this but to make a scruple , whether the day be light , or no ; because buzzards , and blind-men cannot see it ? or sottishly to enquire , whether the sunne stands centred in one constant climate , whiles the massie earth wheeles round ; because one brainesicke copernicus out of the sublimitie of his quintessentiall , transcendentall speculations , hath more senselesly , then metaphysically , more ridiculously , then singularly auerred it ? shall others wilfull , gainefull , and aspiring blindnesse , make vs to doubt our eye-sight ? or shall the absurd and idle quaerees of some romish or temporizing spirits , so vnsettle vs in our long-professed faith , as to cause vs now to question the most positiue , palpable , and resolued principles of our reformed religion ? yea so farre to besot vs , as to put vs to this irrationall , this frantique scrutinie ; whether that bee the vndoubted doctrine of our church , which shee hath alwayes hitherto beleeued , embraced , professed as a truth : or that rather which she hath alwaies diametrally opposed , yea censured as an error ? o let not vs be so vnchristianly , so atheistically wauering in the fundament all tenents of our long-professed faith , as that this apostolicall , stigmaticall brand of an admired subitane galathian apostasie ; * ( i maruell that you are so soone remoued from him , that called you into the grace of christ vnto another gospell : o foolish galatians who hath bewitched you , that yee should not obey the truth , &c. ) with the disgracefull and soule-pricking obloquies of our insulting aduersaries ( who will be apt to vaunt , that we now begin to doubt of our religion , and fall backe to them ) should now iustly seize vpon vs , for our halting in these oft , yea , * late resolued points , in which both we and our forefathers haue beene so long instructed . alas , why should papists ; why turkes , or atheists thus reproach vs : where now is your reformed religion , in which you haue thus long reposed your saluation , and imbarqued all your soules ? where is the faith , the doctrines of your church , which you haue thus pertinatiously embraced since your reuolt from rome ? where is the precious bloud of all your glorious mocke-martyrs , in which you haue so long gloried ? where the orthodoxie , learning , and solidity of your much renowned academies ? of your vnparallel'd martyr , bucer , tyndall , latimer , beacon , cranmer , iewell , nowell , veron , fox , fulke , reinolds , whitakers , hooker , hutton , cartwright , hill , babington , willet , perkins , abbots , field , crakenthorpe , whites , vsher , prideaux , ward , benefield , sharpe , sybthorpe , ames , featley , wilson carleton , dauenat , morton , goad , belcanckquall , burtons , your imcomparably learned king iames , ( the phaenix of his age , and eminentest of his ranke for solid learning ) with all your other centuries of writers in which you so much triumph ? where the authority of your church , you parliaments , or your articles ; that you now begin to doubt , yea , question and re-examine the truth and verity of these dogmaticall conclusions , which all these haue planted , watered , sealed , and setled thus among you ? what a shame , a brand a downefall will this bee to our religion ? what an inexpiable blemish , and intollerable disgrace to all our godly martyrs ; to these our famous writers ; to our learned soueraigne of blessed memorie ; to his two vnparalleld predecessors queene elizabeth , and king edward : to our whole glorious , and flourishing church , since the beginning of her reformation to this present ? what a griefe , a heart-breaking to all faithfull members of our church & state ? yea , what a dangerous praecipice , and fatall ouerture to all our soules : if wee should now beginne to plucke those foundations vp , on which wee haue thus long built , the hopes , the structure of our eternall happinesse : or to call that into question , which wee haue so oft resolued for the vndoubted orthodox beleefe and tenent of our owne ; yea , of the catholike and apostolike church of christ , frō age to age , which can neuer totally , nor finally erre in fundamentall truthes ? memorable is the answere of that blessed ancient b martyr , policarpus , when hee was vrged by the pro-consul to blaspheme and denye christ , that so hee might escape : fourescore and sixe yeeres ( saith hee ) haue i serued him , neither hath hee offended me in any thing ; and how can i now reuile or denie that king , which hath thus kept mee ? surely not to ascend to wickcliffe , bradwardine , bede , or anselme ( who all concurred with vs in our present tenents ) but to confine our selues vnto the ages of those later martyrs , and writers of our church , which i haue heere recorded : i can safely say , ( and i hope i haue sufficiently euidenced it in the ensuing catalogue : that our church hath * this fourescore and sixe yeeres , and more ; euen constantly embraced , and defended these anti-arminian theses , neither did they euer offend , or doe her harme in any thing : ( yea , they haue beene so farre from preiudicing , or offending , that they haue accumulated her with all varieties of blessings , of contentments , making her c as the very eden , and paradise of god , while they dwelt in peace within her , whereas now shee ebbs and sinckes together with them : ) and shall shee now proue so vngratefull to her gracious god ; so iniurious to these blessed truthes , ( wherein the very marrow of all true christian comfort , yea the strength , the ground and certainety of our saluation rest , though some haue ●leited them as meere curious , and nice disputes , ) as now to question , yea silence and restraine them , when they haue thus long kept her in such peace and glory , as * no former age hath euer matched , nor subsequent dayes ha●e hopes to parallell ? what , shall we thus requite the lord for these his documents , wherein his incomprehensible wisdome , freedome , mercy , iustice , power , grace , and glory , shine foorth in greatest luster ; as after all the good they haue brought vpon vs , to dis-inherit them of their ancient freedome , and by certaine politike , and insensible gradations to shoulder them out of our church ; that so popery and arminianisme ( the fertile mothers of all licentious dissolutenesse ) may possesse their throne ? shall wee thus repay our blessed martyrs for all their glorious sufferings , as now for to dis-martyr , yea , vncrowne , and tread them vnder foot , by disputing , or doubting these theologicall positions , which they haue canonized , and sealed to vs with their bloud ? shall we thus retaliate the very pillars of our church , and patrons of our faith , euen all our learned writers , as to brand them for illiterate , erronious , and seducing nouellers , to their eternall infamy , in rooting vp these fundamental truths which they haue planted ; or re-implanting those pelagian , arminian , popish errors , which they all haue laboured to extirpate ? shall we now proue so vnnaturall to our mother church , as to rip vp her wombe that bare , or cut off her duggs that nourished vs , in offering violence to these her sacred assertions , which did at first begette vs vnto grace , and now cheerish and prepare vs vnto glory ? or shall wee bee so iniurious , so destructiue to our owne distressed soules , as to strippe them naked of all coelestiall comforts ? to vnbottome them of all their hope and stay ? or to leaue them destitute of saluation , in depriuing them of all these sweete and rauishing cordialls ? in dis-lincking that golden , that adamantine chaine of gods immutable and free election ; whereon their very happinesse , comfort , and saluation are alone suspended ? let this , let this , bee far from all our thoughts ; at leastwise from our practise . farre be it from any of vs , especially , from you right christian worthies , intrusted with the care and safety of religion , as to question or doubt of these orthodox , these sweet conclusions , so long estated , so oft resolued in our church , without any retractation , or controll . your onely care , your worke is now , to defend , to settle them , not dispute them ; to damne , yea , quite extirpate their opposite arminian errours , ( which like tares spring vp apace among vs , and ouergrow our wheate , ) not to honour , countenance , or equalize them with them , by putting them both to triall : to question , censure , and condemne , their audacious open aduersaries , their secret dangerous master-vnderminers , d who are of different rankes , and must be dealt with in a various manner ; ) not to discusse their verity , of which our church was neuer yet suspitious , in the least degree . proceede , therefore as you ( gods name be blessed ) haue already done : to inquire out the heads , the nurseries , rootes , and grand protectors of our popish , our arminian mungrell rabble , ( which swarme like locusts in our church of late ) combining both together ( as is iustly feared ) to eate out our religion by degrees , to spoile vs of these temporall immunities , of those coelestiall treasures of gods sauing truth , which are farre dearer to vs , then our dearest soules : and when you haue once discouered them ( as you may quickely doe , since practise , fame , and iealousie haue made them so notorious , ) it will be worth your labour to hew them downe with speede , both root and branch , at once ; else all your superficiall hacking of some smaller issues , will but increase their growth , augment their strength , and multiply their fruit , their branches , and al-daring practises , when the time , the feare of lopping are but passed ouer . trampling we know on camomile stalkes , doth but make them grow the thicker , spread the faster : it is the breaking , not the bruising of the roote that kills it . the mowing down of weedes , of grasse ; the lopping off of lesser branches doth neuer hinder , but aduance their growth ; not lessen , but augment their number : the rootes must first bee stocked vp , or else the blades , the stalkes , the branches will not , cannot wither , or giue ouer budding . strike therefore at the roots , as well as at the branches of these preuailing factions , else all your lopping , will turne but into pruning : your launching into festring ; your medicine into poyson , to kill our church the patient , but strengthen her diseases , which haue hitherto got ground vpon vs , by all those former parliamentary lenitiues and verball purges , which your medicinall skill applyed to them . it is noted of pelagianisme , ( of which the doctrinall part of popery , in the points of grace , and the whole body of arminianisme are the reuiued ashes , and new-raysed goasts , ) e that it tooke its rise in england , f pelagius the father of it being himselfe a brittaine , and a monke of bangor : what a regained honour were it to our nation ; what an inutterable benefit to our church ; what a glory to this your honourable and great assembly , if you could now at last eternally interre it in the soile that bare it ; and make its ancient ( now its second ) wombe , its last , its endlesse graue ? it was said by one of note , some fewe yeeres past : ( and i wish it may be prophetically true at least . ) g tulit malum hoc & sustulit brittania● : that england had both hatched and destroyed this monster of old , of new pelagianisme , which arminius and his followers had then newly raised from hell , to which it was of old condemned : but alas , we see its liuing , and springing vp like hydraes heades ; it s former * ouer-indulgent decapitations both at dort , at home , being but a blood-letting to increase its future vigour , not a fatall blow to bring it to its finall period ; because it cut not off those master-veines which gaue greatest , though but hidden life and growth vnto it . o therefore giue , and strike it , and its arminian issue now at last , a finall , fatall , and heart-killing blow , which needes no iteration ; and bury them this once so deepe , so sure , that they may neuer neede a second funerall . but how you will say , may this bee done ? i will informe you in a word or two . it is storied of the h chiefe priests and pharises ( who were euer the greatest and most imbittered enemies to christ and his apostles , as their successors , who will needes be stiled priests , haue since bene to his members , ) that hauing crucified our blessed sauiour , because they would bee sure to keepe him from rising from his graue againe , according to his promise : they did not onely suffer him to lye intombed in a rocky sepulchre , to the doore of which there was a great stone rolled : but they likewise went and made the sepulchre sure , sealing the stone , and setting a watch , for feare lest his disciples should come by night , and steale him away , and say that hee was risen . what these vile miscreants vainely did in antichristian , doe you right noble christians , in true christian policie : pelagius with his late-born brat arminius , hath beene oft times buried by sundry a ancient , ( some b moderne ) councels , and * fathers of the church , but yet they haue alwaies risen from the dead againe , to the great disquiet of all true christian churches : if then you chance to crucifie them once againe ( as now wee hope , wee pray you may , for feare their life proue all our deathes : they being the archest traitors to our church , our state , our soules , and sauing grace : ) you must not only see them intombed for the present , though it be in graues of stone : but likewise watch , and seale their sepulchres , making them sure for all succeding ages , by some inexorable , strict , and vigilant acts of parliament , which no charme , no wile , no force , or policie may euade ; else their disciples will come by night againe , ( as they haue oft times done ) and steale them quite away ; and not onely say , but to our great disturbance , prooue ; that they are once more risen from the dead : so shall their last resurrection be farre worse , our second danger , your latter error , farre greater then the first ; which god forbid . now the god of grace , and wisdome , so ayde , direct , and guide your honours with his spirit , in this great weighty worke , ( which needes an heauenly power to accomplish it : ) that wee , to our vnutterable ioy and comfort , may now at last behold , our drooping and declining orthodox religion ( the onely center , pillar , bulwarke , garrison , honour , treasure , and conseruer of our declining state , which ebbes and flowes together with it ) reuiued , aduanced , established , and secured once againe , against all forraine , all domestique hostile forces , all stratagemes that oppugne it : and that all our eyes may see with tri●mph , all popery , all olde , all newe pelagianisme , with all the grand fomentors , and master-springs that feede them , ( in despight of all their new-erected and much adored altar-idols , ) arraigned at your dreadfull barre , condemned at your great tribunall ; executed before your faces : layd dead and prostrate at your feet : interred in some brasen dungeon ; yea sealed vp , and strictly watched with such enuironing , cautelous , ir-repealable , and adamantine lawes , as may so presse them downe for all eternitie , that they may neuer raise themselues , nor yet bee raised in our church againe . amen . amen . your honours in all humble seruice , whiles you stand for christ , religion , church , or countrey . william prynne , to the right reverend fathers in god , the arch-bishops and bishops of the church of england . right reuerend fathers in god , a in whose pious integrity , and industrious vigilancie , the chiefest safety ; in whose vnfaithfulnesse , negligence , or insollidity , the greatest hazard , the inevitablest danger of our protestant church , and long professed religion are suspended : i here most humbly tender vnto your fatherly and pious considerations , an vninterrupted antithesis of the church of england , from her very first reformation to this present , against that b most venemous semi-pelagian heresie , and those arminian novelties , which haue of late invaded , yea much endangered her ancient , established , and professed doctrines , which your ecclesiasticall c dignities , and frequent subscriptions to the articles , homilies , & tenents of our church , engage you in a more speciall manner to protect . it is not , yea it cannot be vnknowne to your grauities , that olde pelagius , and faustus , who haue lyen dead and rotten in their graues 1100 yeares , or more , haue by a kinde of d pythagorean metempsy chosis , revived in arminius and his followers now of late , ( as e origen , priscillian , and iouinian did in them ) and not onely spoken openly against the grace of god , and doctrines of our church , which is miserable ; but even publikely preached and written against them in our church , without any ecclesiasticall censure or controll ; which is farre worse : it was the complaint of a reuerend and learned prelate of our church about some ten yeares since , in an epistle dedicatorie vnto his maiesty then prince of wales : f that the stinking vapors of arminius ( whose heresies hee there learnedly encounters ) had beene blowne ouer from the belgique shores vpon our english coast , and so infatuated some of our diuines , that leauing the beaten and approued path of faith , they betooke themselues vnto the crooked wayes and praecipices of arminius , destroying the articles of our religion with their tenents , which they had formerly confirmed by their owne subscription . what hee lamented and condoled then , we haue much more cause to complaine of now ; when as these contagious vapours haue not onely dangerously infected many , but likewise animated some g goliahs , to bid professed defiance to the host of israel in arminius his quarrell , and to take vp armes in his defence , against the oft resolued and subscribed doctrines of their mother church , who hath enriched them with sundry fauours ; and yet alas , h ab ecclesia siquidem haereseos impugnator expellitur , et nutriri in sinu ecclesiae haereticus inuenitur : the impugners of arminius his champions haue beene questioned , and molested ; when as they were neuer hitherto once publikely conuented by any ecclesiasticall iurisdiction , for these their dangerous innouations . when these arminian errours were first broached by barret , and baro , in queene elizabeths happy raigne , the zeale of our i reverend prelates , and k vniuersity heads was such ; that they forthwith proceeded iudicially against them , not suffering them to rest or harbour in our church : but alas the l cowardice , indulgency , and luke warmnesse of our age is such , that m those who haue succeeded them in their episcopall dignities , n not their zeale , ( some few only excepted , whose paucity indears thē more to god , to man ; and o adds vnto their praise ) haue scarce so much as once opened their mouths in publike , against those arminian p theeues , and robbers , who by their secret pollicies , and publike writings , haue lately preyed vpon the sheepe and doctrines of our church . but now , since our religious soueraine hath publikely professed in his late q declaration to all his louing subiects ; to maintaine the true religion and doctrine established in the church of england , ( of which the anti arminian tenents comprised in this antithesis are the chiefest branch ) without admitting or conniuing at any backsliding , either to popery , or scisme : and r hath called god to record , that he will never giue way to the authorizing of any thing , whereby any innovation may steale or creep into the church , but preserue that vnity of doctrine and discipline established in the time of queen elizabeth , s ( in whose raigne arminianisme was particularly exiled , ●ndour anti-arminian assertions settled in our church : ) whereby our church of england hath stood and flourished ever since : since king edward the 6. queene elizabeth , and king iames of blessed memory , ( an t implacable , professed antagonist to arminianisme , to arminians , to his dying day ) with all our learned prelates , divinity professours , authorized writers in their raignes ; and our godly martyrs in king henry the 8. and queene maries dayes , whose names and works i haue here particularly recorded in their order : since the fathers and councels of the primatiue church : the primitiue and moderne churches of england , scotland , and ireland , with their seuerall established articles , homilies , catechismes , leiturgies , and records : ( as i haue here infallibly demonstrated : ) together with the late dissolued parliament , haue professedly oppugned , and solemnly condemned those semi-pelagian and arminian grace-annihilating errours , which haue lately crept into our church ; embracing , authorizing , and establishing their opposite positions as the orthodox , catholicke , and vndoubted truth . let mee now beseech your pieties , as you tender the honour of god , the glory of his grace , ( which should be dearer to you then your dearest soules , ) as you would gaine the loue , and discharge the trust of your blessed sauiour and u master-shepheard iesus christ , x who will summon you ere long before his dreadfull tribunall , to render an account of all the stewardships and soules committed by him to your charge , ( which we may iustly feare , y too many sloathfull ministers who fish for tithes , not soules , do much neglect , as being seldom resident at their charge , which they scarce ever saw ; but neuer resident in their pulpits , into which they seldome clime : ) as you respect the peace and happinesse of our church , in which you are aduanced ; the safety and dignity of our long professed religion to which you haue subscribed ; in which you haue beene borne , bred , and nourished : the honour and z popularity of our religious soveraign , by whom you are now intrusted with religion , as a with his chiefest treasure ; b the conservation of whose purity and freedome , will most ingratiate , indeare his maiesty to all his faithfull subiects , c whose loue will proue his strongest guard , his richest mine and best supply . as you would faithfully discharge that great episcopall trust , and dignity , which now rests vpon your shoulders ; not as a meere d empty , pompous , lordly , pleasurable , gainfull , sloathfull , or voluptuous honour : not as an epicurean euripus , see , or receptacle of delight , which calls men from their former humility , frugality , and diligence in their ministeriall function , vnto a voluptuous , sloathfull , secular , pontificall , lordly , proud , vnpreaching life ; as most prelates deemed it , made it in s. bernards age : but as a e ponderous office , a laborious calling , a heauy , difficult , and perpetuall worke , which f summons you , to feed the purchased and redeemed flocke of christ , ouer which the lord hath made you ouerseers , with trible diligence , readinesse , and anxiety of heart and hand ; because it both redoubles your wages , and augments your worke . as you desire to perpetuate the dignity , the respect of your episcopall iurisdiction , which hath grown distastfull vnto many through the defaults of some . as you tender your owne personall credit and esteeme with all good christians , g who will reuerence you more for your piety and goodnesse , then your state or greatnesse : as you long to satisfie the expectation , to forestall the secret iealosies and censures of our church & kingdome here , whose eyes are now intent vpon you : or to avoid the irrepealable , the eternall doome of christ hereafter , h when all fearefull , i sloathfull , inuigilant , and lukewarme shepheards , who k want zeale , and valour for the truth on earth , shall haue their portion in the vnquenchable , and fiery brimstone lake , which burnes foreuer . as you desire to anticipaete all future parliamentary proceedings in matters of religion , the former , ( which no doubt were legall , iust , and honourable , though some repine against them ) being occasioned onely ( as most coniecture ) by the remisnesse , conniuancy , cowardice , or indulgence of some ecclesiasticall courts , in questioning , in controlling , the impudency , the treachery , and errors of such l churchmen , whose m hereticall , scandalous , vnorthodox , and pernitious doctrines , bookes , and liues , haue innouated , and blemished our religion ; embroyled and defiled our church : let me now i pray ( vpon all these weighty considerations , and ingagement● ) if it may stand with my iuvinility , and your venerable , your h●ary grauity , to exhort you to that duty , which the n ancient of dayes , ( yea the verygrauest of our church , and state require at your hands ) excite your o episcopall power , and providence ; to extirpate , to exile all semi-pelagian errors , and arminian nouelties ; all grace-defeating , all church-molesting heresies , with their chiefe fomenters : all late-erected altars , images , tapers , crucifixes : all new reuiued popish doctrines , ceremonies , duckings , genuflexions , easterne , yea altar-adorations , ( complained of not long since in parliament , as you may remember ) with all those other corruptions and superstitious reliques , which haue lately crept into our church , ( in despite of all our p statutes , q rubricks , r homilies , s articles , t canons , and u iniunctions , which prohibit them ) through the audacious practises of some x domestique crafty mountebanks , who would slily cozen vs of our religion vnder the golden and holy pretence of canonicall devotion : and withall to reestablish these anti-arminian orthodox tenets of our church , ( which here i humbly tender to your best protections ) in their ancient , and long enioyed purity , peace , and freedome : that so by these religious atchieuements , you may giue some publike , z demonstratiue , actuall testimony to the world , ( which is a oft times iealous of your integrities vpon small occasions ) that you are all cordiall , sincere and faithfull to our religion , church , and state : that you are all valiant and zealous for the truth committed to your trust : and that you are not onely ti●ular , but reall bishops , well worthy b to succeed those pious and victorious prelates , who haue in graven those anti-arminian conclusions which i haue here contracted , with their mellifluous pens , and sealed them with their blood ; a sufficient engagement for me , for them to challenge the priuiledge of your episcopall patronage , against the malignancy of all opposers . but perchance your wisdomes will obiect , that by intermedling with these nice arminian controuersies , i haue incurred the danger of his maiesties declaration prefixed to the late reprinted articles : therefore i must onely expect an high-commission censure from your lordships , not an approbation , or friendly enterteinment of this vntimely treatise ; which may chance to proue distastfull vnto some . to this i answere first , ( and for the truth of it i appeale vnto your lordships , by whose advice this declaration was at first contriued : ) that it was neuer his maiesties , ( nor i thinke your lordships ) intention , to silence or suppresse ; but rather to aduance by this declaration , the ancient , positiue , established , and resolued doctrines of the church of england , ( especially those which were professed and ratified in the dayes of edward the 6. queene elizabeth , and king iames of happy memory , as these anti-arminian positions were ) as is cleere by the expresse words of his c maiesties last declaration to all his louing subiects , which well explaines the former . but all these dogmaticall anti-arminian conclusions which i haue published , or iustified in this antithesis , are but the ancient , positiue , established and receiued doctrine of the church of england , as the booke it selfe , ( together with two reuerend * prelates of our church , who haue lately in two printed letters , expresly ●uer●ed , that the arminian errors condemned in the synod of dort cannot stand with the doctrine of the church of england . and that none can embrace arminianisme in the doctrine of predestination , and grace , but he must first desert the articles agreed vpon by the church of england ; nor in the point of perseverance , but hee must vary from the common tenet , and receiued opinion of our best approued doctors in the english church ) will iustifie against all opposers : therefore it is not within the intent or limitts , ( and so not within the danger ) of his maiesties declaration , which i would not wilfully , not willingly oppose . secondly , i conceiue , that this declaration prohibits nothing , but vnnecessary and curious disputes vpon bare coniectures on , or strained collections from our articles : but in this antithesis you haue onely abare historicall recitall , in nature of a catalogue , of those scattered records and writers of our church , which haue constantly oppugned these new arminian errors , from the beginning of reformation to this present : it comes not therefore within the sphere of this declaration . thirdly , his maiesties declaration , was chiefly , to suppresse all innovations in religion , together with such vnnecessary controuersi●es , as might disturbe the peace and settled doctrines of our church : but this antithesis serues onely to suppresse the innouations in rel●gion , and to allay all moderne arminian controuersies which interrupt our churches peace and doctrines ; by disprouing arminianisme to be the doctrine of our church , in such an apparant manner , that none can contradict it . therefore it is wholly with this declaration , not against it . lastly , his maiesties declaration , prohibits principally , vnnecessary disputes about curious , nice , and needlesse schoole-points , of which men may be ignorant without great danger : but i take it vnder correction , that our anti-arminian tenets , can which the whole fabricke of our saluation , the whole doctrine and structure both of mans fall and corruption● of grace and glory ; of election , reprobation , predestination , vocation , iustification , sanctification , perseuerance , and glorification , are suspended ) are no superfluous , nice , or d curious speculations , vnfit , vnneedfull to be taught or published ; but most necessary , essentiall , comfortable , and fundamentall truthes , in which the whole pith and marrow of divinity , the whole doctrine of grace , and mans salvation are included . this all the ancient councels , ana voluminous treatises of the fathers in the p●imatiue church ; this all the moderne synods , articles , confessions , resolutions , and writings , both of our owne , and other churches , against pelagius , arminius , and their followers ; as the professed enemies of the grace , and gospell of god ; as atheisticall sectaries ; yea wicked , pestilent , and blasphemous heretiques , ( as our late learned e soueraigne hath rightly stiled them ) doe abundantly testifie : all which would neuer questionlesse haue waged such fierce , such perpetuall , and implacable wars against these pelagian and arminian heresies , were they suchinnoxius , or triuiall differences ; such vnnecessary , such curious speculations , as some of their abetters , ( who then me thinkes should be ashamed conten●iously to foment them , to the great disturbance of our churches peace ) would seeme to make them , f because they would more easily induce men to neglect them till they had gotten strength , and then to imbrace them , to their eternall ruine . since therefore these anti-arminian tenets ( which i here onely vindicate to be the ancient , genuine , & vndoubted doctrine of the church of england ) are points of highest consequence , of greatest weight and vse ; whence they haue beene more ab undantly patronized , propagated , and propugned , ( not onely in the primitiue c●urch , but likewise in most moderne protestant churches , and in the church of england ) then any other substantiall points of diuinity whatsoeuer ; as is most apparently euident . since their opposite arminian errors , ( which are in truth meere g popery , and h semi-pelagianisme , at least i a bridge , a way , and portall to them both ) haue beene most constantly oppugned , both in the primatiue , our owne , and other reformed churches , as a dangerous , and grace-nullifying heresie . and since prosper himselfe hath expresly recorded it , long agoe : * that st. augustine hath constantly , piously , and abundantly proued : that predestination in which there is the preparation of grace ; and grace in which there is the effect of predestination ; and the prescience of god , by which he foreknew before all worlds on whom he would bestow his gifts of grace , ought to be preached to the church . of the preaching of which , saith he , ( i pray obserue his words , and marke them well ) whosoeuer is an impugner , he is a most apparant furtherer of pelagian pride : ( which i dare presume is farre from his maiesties royall thoughts to be : ) i may safely ( as i hope ) conclude on all these premises : that this my antithesis , ( which i haue divulged onely for the peace and benefit of our english church , and the stopping of all arminians mouthes , who now must either holde their peace , and yeeld their cause , or else k periuriously , sacrilegiously renounce their mother church , and these her doctrines , which they haue subscribed , if not sworn to ) is clearly without the verge and danger of his maiesties declaration ; who neuer did intend so farre to countenance , to grace an heresie , so branded , censured and condemned by the primitiue church ; by forraigne protestant churches ; by the whole church of england , with all her learned writers , from her first reformation to this present : and more particularly by his royall father , whose faith , whose steps he meanes to follow : as for its sake , its growth , and greater safety , to put these established and professed anti-arminian doctrines of our church to silence : which is almost the highest dignity , the greatest conquest that arminianisme can , or would aspire to . and now right reuerend fathers , hauing cleared this obiection , giue me leaue to close vp this epistle with l a word of exhortation , which i beseech you for to suffer . remember , i intreat you in the name and feare of god , that you ( together with the rest of our reuerend and learned ●lergie ) are the m watchmen , the n garrisons and bulwarkes of our israel ; to giue her warning of ; to protect and shield her against , those pernicious , subdolous , and seducing o heretiques ; those popish and arminian aduersaries , which warre against her faith , her peace , gods grace , our soules . if you then through p worldlinesse , negligence , sloathfulnesse , epicurisme ; or the q sweete syrenian songs of enchanting mercuries , r begin to sleepe , to slumber ; to remit , or else giue ou●● your spirituall watch , and ward , against these s sheep like wolues friend-seeming enemies , t which come for to deuoure vs : if you u proue dumb dogs that will not , cannot barke , at their approach , or treacherous centinells , false posternes to be●ray vs to their infernall malice ; we must then b● x needs surprised , yea captivated & destroyed in a moment , through this your negligence , and default ; but yet y our blood shall be required at your hands . o therefore rouse vp your selues with speed , and z stand vpon your watch , your guard , for our security : a close not your eyes , b holde not your peace , c lay not downe your armes day nor night : imitate nehemiah his workmen ; d build vp the walls of our spirituall ierusalem with one hand , and holde a weapon alwayes in the other hand , to keepe off e samballat , and tobiah ; those arrabians , ammonites , and ashdodites , those iesuites , papists , and arminians , who haue conspired together to ●ight against our blessed ierusalem ; to breake downe her walls , and lay her waste , as they haue done her bordering churches : else that brand of holy bernard , will iustly seize vpon you . f parum est nostris vigilibus quod non seruant nos , nisi et perdant : and then g woe be to you saith the lord your god ; whose woe none can stand vnder . you are h the lights , i the eyes , k the seers , yea l ouerseers of our church ; to m see , foresee her dangers , n discouer her increasing corruptions , o detect her wily adversaries , with all their over-reaching , vndermining pollicies , p inlighten her intire body , q direct her in the way of truth , of life , of peace , and r keepe her safe from falls and stumbles . if you then through s ignorance , wilfulnesse , heresie , treacherie , flatterie , feare , earthlinesse , or any other workes of darknesse , t lose your light , your eyesight : if you become either u darke lanthornes which can yeeld no light , or x starkblinde , purblinde , squinteyed seers , which either can , or will not see ; or oversee at all ; or very little ; or quite awry , ouerthwart the sacred word of truth , and doctrines of our church . or if you proue such pontificall y haughty , lordly , or domineering ouerseers ; as contemptuously to disdaine & over-looke ; or tyrannically to insult or trample vpon your fellow-brethren , and the lords inheritance , a sinne of which the z fathers , and a some others of more punie dayes haue much complained , as being incident to divers prelates of their times , b who were more zealous to maintaine the outward pompe and state , then to discharge the pastorall charge , and duty of their episcopall function : c exalting themselues aboue their brethren , as if they were kneeded out of some better clay then they ; as if they were installed bishops for no other purpose , butto renounce humility and meeknesse , whose dangerous examples be it farre from any of your lordships now to imitate , d who haue not so learned christ , as these haue done . if you oversee our church , your stockes , either principal●y , or solely : for g filthy lucre , not of a ready minde , seeking not them , but theirs ; contrary to st. paules protestation to the corinthians , h that he sought not theirs , but them : for the children ought not to lay vp for the parents , but the parents for the children . or if you commonly reside so farre remote , so distant from your bishopricks for your ease , your profit , pleasure , or preferment sake , as that they are quite beyond the compasse of your ken , your view , much more your oversight : ( a fault not tolerable in any overseers , as being diamitrally repugnant to their office ; but i most odious , most insufferable , in the master overseers of christs most precious flock , and mens most peerelesse soules : ) needes must our church and we poore lay-men being destitute of light , of eyes , of seers , and vigilant overseers , k become exceeding darke and blinde : l be liable to a world of dangers , errors , heresies , falls , and deviations : needes must we m fall into a ditch of miserie , and destruction at the last . o therefore n arise , and shine forth before vs , by o humility , by purity of life , of doctrine , as the lampes , the splendor of our church : that so p we from your light , may receiue light , and q walke as children of the light : see , see , rea foresee we beseech you , as we trust you doe , and will doe ) those hereticall precipices , by-pathes , snares and ditches , which are likely to endanger , misleade , intrap vs , if they are not prevented , yea speedily removed by your providence : and then leade , direct our church and vs , in r that good , that olde , s that true , that t straite , that u narrow , and x perfect way y of truth , of z peace , of a righteousnesse , b life , and c holinesse , d in which there is no error , danger , death , or stumbling . remember , you are all ( e at least in name and reputation , and i hope in truth ) the bishops , seers , and overseers of our church : f take heede therefore vnto your selues , and to all the flocke , over which the holy ghost hath made you overseers , to ●eed the church ( our church ) of god , which he hath purchased with his owne blood . g civitas est , vigilate ad custodiam , concordiamque . sponsa est , studete ornatui . oves sunt , intendite pastui . h so shall our safety , our happinesse , and tranquility ; your glorie , your reward , your honour be exceeding great . lastly , you are the chiefe i pastors , and k shepheards of our church ; l to guard , to rescue her from those wolues , those theeues , and robbers which seek for to devoure her : m to keep her from straying from the folde of christ , and sacred pastures of his word : n to feede her with the word and bread of life : o to sticke to her in all her dangers and distresses : and if occasion serue , p to lay downe your liues for her securitie . if any of you then ( which god forbid either you to act , or vs to suspect ) should either degenerate into q wolues , or ioyne with wolues , to teare and spoile her dearest stockes , as paul prophesied long since : r that some elders of the church of ephesus should doe , and as s others since their times haue done , in former ages : if you should turne t hirelings , or faint-hearted shepheards , to flee away , giue backe , or hide your selues in times of tryall , when you see the wolues and theeues approaching to assaile her : and so leaue her openly exposed to their malice , when as you u should especially march before her , taking vp spirituall armes and courage for her rescue . if you suffer her to deviate from the folde of christ , and pastures of his word ; to stray vnto the broad , the beaten rode of poperie , or by pathes of arminianisme , which lead vnto destruction , not labouring to reduce her . if you sheere her fleece , and eate her milke , ( as wee all confesse , you x may , whiles you haue care to keepe , to feede , and cherish her ) and yet neglect to clothe , to feede her with that heavenly word , that spirituall daily bread of life , which must nourish her vp vnto eternall life : a thing of which y prosper , and z gregory much complained in their ages . if you retreat or fall off from her in times of neede , and so proue her a slaughter-men , or b wolfe-feeding , not sheepe●preserving pastors : as some fathers phrase it : c needes must her sheepe and shee be scattered , lost , destroyed , and made a common prey to all revenous beasts that will invade them ; or else exorbitate in their course to their iust perdition . o therefore for the glory of god the father , who hath called ; the honour of god the holy ghost , who hath consecrated ; the loue of the lord iesus christ , who hath delegated you to the ministrie ; ( whose e person you can never truly loue , vnlesse you loue his sheepe : ) take courage , zeale , and resolution to your selues , ( as some of you to their f honour haue already done ) and now rescue vs from those iesuiticall , romishravening wolues ; those ●rminian theeues , and wily foxes , who seeke to make our church their prey . alas , why should any of you flie ? why should you now feare them , or giue place vnto them ? yea why should you not encounter , and suppresse them ; since you haue god himselfe , our gracious soveraigne ( as his late g declaration can sufficiently testifie ) together with the whole state and kingdome , for to back you : the ensamples of your worthy predecessors , of some few of your coetanian brethren , to encourage you in this right christian action ? you are our pastors ; you h tithe ; we giue our fleece : ô therefore keepe , ô rescue , cloth vs , and protect vs ( together with our church , and her received doctrines ) for it . you are our shepheards , you eate , we yeeld our milke : ô feede vs for it , with the wholesome the soule-saving word , and bread of life : you i reape our temporall ; ô sow , ô giue vnto vs spirituall things . you are our master-heardsmen : your wages , yea your flockes are great : ô then be vigilant , diligent , carefull and laborious for them , * resident , and present with them ; that so k you may know them all by name , l goe in and out before them ; become m even reall , instructing ensamples to them , both in life , and doctrine : that they againe may n heare , may o know your voice ; and p follow you safe from earth to heaven , to your r eternall ioy , in that s great audit-day , when all the faithfull and soule-winning shepheards shall present their severall regained flockes vnto their t master-shepheard , iesus christ , who shall then reward them with a crowne of glory which fadeth not away : whereas he shall cloth all theeues , all wolues , all hirelings , all invigilant , vnfaithfull , sloathfull and voluptuous shepheards , who haue no flockes of saved , of converted soules to follow them , with eternall shame . i shall wind vp all , in the words of bernard . u ecce sacrū evangeliū sub numero triū personarū , includit multitudinem vniversam praelatorum . proposuit enim nobis bonū pastorem , mercenarium , et furem . si boni pastores estis , gaudete ; quia merces vestra copiosa est in coelis . si mercenarii estis , timete ; quia periculum vestrum grande est in terris . si fures estis , ingemescite ; quia locus vester magnus est in paenis : nisi properaveritis ad paenitentiam , et quae vovistis domino deo vestro , dignè reddideritis . now the lord iesus christ , the x great shepheard of his sheepe , inspire all your lordships with zeale , & courage , for the perennious defence , & propagation of those established doctrines of our church , ( which here i recommend vnto your best protection ) and with all other graces , requisite for the compleat discharge of your episcopall function : that so you may carefully keep , & indefatigably y feed the flock of god which is among you ; taking the oversight thereof , not by constraint , but willingly : not for filthy lucre , but of a ready minde . neither as being lords over gods heritage , but being * ensamples to the flock : thē whē the chief shepheard shal appear , you shal receiue a crown of glory which fadeth not away . your lordships in all humble respect , as far as you stand for christ , or for his truth : william prynne . to the christian reader . christian reader , i heere present vnto thy view , and prostrate to thy censure , a compendious summary of those scattered euidences ; a concise catalogue of those eminent writers , and illustrious witnesses of our mother church , since the beginning of her reformation to this instant ; who haue positiuely maintained , and punctually defended those 7. anti-arminian theses , which i heere prooue : but diametrally oppugned , yea constantly condemned their 7. opposite erronious arminian tenents which i here disprooue , to be , the ancient , established , and resolued doctrines of our english church . the multitude of my other distractions , and ineuitable interruptions , together with the narrow scantling of those few winter dayes , i had for to compose it in , haue denyed it that exact mature summer perfection , which others may expect , my selfe desire . accept it therefore as a winter fruit , impatient of a tedious summer ripening , which might perchance adde much vnto its fulnesse , but derogate from its seasonablenesse . the wise man hath informed : a that to euery thing there is a season , and a time to euery purpose vnder heauen : and that euery thing is beautifull , ( yea onely beautifull and vsefull ) in its time . i haue therefore chosen to thrust out this antithesis more incompleat and mutilated then i did desire ; hoping that its seasonable and timely birth ( if the vnexpected and vnhappy dissolution of our present parliament hath not made it now abortiue , or vnseasonable ) shall excuse , will salue its hasty , its immature natiuity . this treatise consists of two parts ; the one , the records , the acts , and monuments of our church ; the other , the names and testimonies of our writers . the speciall and more publike records and euidences of our church which tend vnto our purpose , i haue heere at large recited : the authors and authorities , which are m●●y , i haue onely named , and so past ouer with a briefe quotation of their workes , their chapters , pages , and those editions which i fellow , ( which i thought good to specifie , for the greater certainety and more speedy search : their words , their copious passages , and discourses touching our present conclusions , i haue purposely omitted , not related , for sundry swaying reasons : first , to auoid prolixitie , and to keepe this petty treatise from swelling into an excessiue volume , which it must needs haue done , had i transcribed the one moity of the ensuing quotations in their latitude . secondly , because the most , the chiefe of all these bookes , and authors , are obuious and common vnto all mens view ; so that their bare quotation is sufficient , their transcript needlesse . thirdly , to encourage learned readers , ( especially , our young vngrounded schollers , and diuines ) who desire satisfaction in these much agitated and perplexed controuersies , to reade , yea , studiously to peruse the workes , and writings of our vnparalleld home-bred authors , * who are generally honoured in all forreine churches , despised and neglected no where but at home , and now lately more then euer . strange it is to see , and lamentable to consider , how the excellent , orthodox , eminentest , and learned impressions of the most transplendent lampes , and ornaments of our church ( whose very names strike terrour into our romish aduersaries , admiration into our forraigne friends , ) are now so much b dishonoured ( as prophets for the most part onely are ) in their owne natiue soyle , and fathers house , that many young pragmaticall schollers , some graue , more young diuines , who reuerence and adore all popish schoolemen , ( which oft impoyson , and corrupt their iudgements , ) as if they were some saints or petty gods , disdaine for to peruse , much lesse subscribe vnto them : accounting it a disparagement to their reading , so much a● once to vouch them , vnlesse it bee by way of censure or controule . how venerable are the names and memoryes ; how sweet , how gracefull , and delightfull the poysonous vvorkes of aquinas , lombard , scotus , suarez , bellarmine , and such like popish schoolemen ( whom many make the ground-worke and foundation of their diuinity studies , f whence they smell and stinke of popery and neutrality euer after , to their owne perdition , and our churches preiudice ) vnto some ; who cannot brooke the honorable names and pious vvorkes of caluin , beza , zanchie , iunius , or other orthodox forraigne protestants : much lesse , reuolue , digest , approue , or magnifie the venerable names , the vnparalleld writings of our owne martyr , bucer , tyndall , iewell , fox , whitakers , fulke , babington , reinolds , perkins , willet , abbot , ●ield , white , bilson , morton , carlton , vsher , prideaux , benefield , ames , and the like ; who far transcend all popish writers , not onely in orthodoxic of matter , but in art , solidity , and depth of learning . alas , it grieues me to consider ( and i hope our vigilant watchmen will lay it neere to heart , as being an ominous presage , a fatall preamble to our religions downefall , if it bee not in time preuented : ) that not onely all kind of pseudo-lutheran and arminian ; but euen of iesuiticall popish books ( which haue arriued here of late in * great varietie and abundance , without the least restraint , ) are now more diligently inquired after , more speedily and greedily bought vp and vented , though at excessiue rates ; more studiously , more commonly read , more generally quoted , more plausiblie vouched in sermons , schooles , and writings ; more highly magnified in the hearts and lips of many , then the best and learnedest of all forraigne , or our owne vn-matched protestant vvriters , whose impressions almost canker for want of vse , and sometimes perish in the printers hands , for want of chapmen for to vent them . it is the pollicy of our romish achitophels , to traine vp their schollers in their owne popish authors , and to inhibit the transportation , much more the reading of any protestant ( yea of some popish ) vvriters , without a speciall licence , vnder paine of their inquisition slaughter-house ; for feare they should conuert their readers , yea quite subuert their antichristian babell , and shake the rotten pillars of their machiauillian state-religion , ( consarcinated and made vp of heresie , pollicie , luxury , pride , and couetousnesse , the greatest opposites to religion , ) which cannot once withstand their strong assaults : and shall we then giue free allowance to their pernicious bookes , who thus exile our true soule-sauing authors ? is it no blow , no danger , thinke wee , to our religion , to suffer or perswade young schollers to skip from aristotle , to some popish schoolemen ; or to giue open hospitality , and free welcome to all popish , arminian , and other seducing forraigne vvriters , which haue lately turned our faith , into meere doubting ; a our religion , into quaerees ; our scriptures , into fancies : our grace into free-will , or nature : b our communion tables , into altars ; our cathedrall praying , into piping , our substance , into ceremony : our deuotion , into superstition ; our zeale , into neutrality ; our perseu●rance , into apostasie ; and the certainety of our saluation , into a bare contingency ? alas , these cursed fruits are sufficient testimonies of those seuerall dangers , of those varieties of mischiefes which result from hence . o therefore let vs now at last ( especially before wee are thorowly grounded , and setled in our owne vndoubted religion : ) reiect these pestilent , seducing , yea state-disturbinge vvriters , ( which will prooue our combustion , our ruine at the last , vnlesse they bee in time suppressed or restrayned , ) and cheerefully betake our selues vnto the serious and delightfull study of our owne incomparable authors , ( who are therefore vnderualued by vs , because they are our owne ) who will re-establish , re-confirme vs in our ancient faith , reduce vs to our true religion : exile all popish ceremonies , and arminian nouelties ; reconcile and comprimise our present differences , and settle such peace , such vnity in our church and state , as shall secure our selues , and daunt our ●oes for future times . ●●othing is there that doth more vnsettle vs in religion , then the neglect , contempt , and ignorance of the scriptures , and our own approued writers , with our ouer-studious dotage vpon popish and arminian forraigners ; let vs therefore quite abandon their poysonous works , at leastwise read them as the bookes of heretiques ; c to know , auoid , reiect them , not retaine them : to answere or refell them , not admire them ; to discouer their errors , not embrace them : and now at last betake our selues vnto our owne approued authors , especially those here quoted , who will put a period to all these new arminian controuersies , which now disturbe our peace . the apostle informes vs , d that the spirits of the prophets are subiect to the prophets : let vs therefore submit our spirits to the spirits and doctrine of all those famous martyrs , prophets , and fathers of our church , whose works i haue here recited , and then popery and arminianisme will prooue odious to vs , which haue little in them for to make them amiable . not to speake of popery which besots so many , what beauty , what spirituall sweetnesse , what excellency , is there in arminianisme , that wee should so much degenerate from all our famous ancestors , our selues , yea , all the worthyes of our church and nation , as now to dote vpon it ? it s e father was an amorite , its mother an hittite : corrupt ambition , proud nature was the father , pelagius the midwife ; popery the nurse : arminius and socinus , the modern● aduocates , champions , and godfathers of this infernall monster , which proclaimes professed hostility to the freedome , soueraigntie , certaintie , and perpetuity of the grace of god , and breakes the golden chaine of saluation into peeces , which onely links vs vnto christ. certainely , arminianisme ( whateuer some ●●en vainely dreame ) is but an * olde condemned he●●sie , raised vp from hell of late , by some iesuits and infernall spirits , to k●●dle a combustion in all protestant states and churches ; to trample vnder feete the soueraigntie and kingdome of gods grace , and true religion in all places where they raigne or flourish ; that so romes grand impostors might possesse their throne : to make way and passage for an vniuersall spanish , papall monarchie , which haue much enlarged their dominions by this church firing , and state-disturbing heresie : it is but a desperate , and bloudy error , which cuts off all peace , all ioy , all comfort , and saluation from the soules of men : especially from broken hearts , and wounded consciences , to which the arminian doctrines of freewill ; the resistability of grace ; conditionall , yea mutable election ; with totall and finall apostasie from the state of grace , are but so many lectures of despaire . it is a cursed error , which hath brought a curse , a plague , diuisions , tumults , defeatments , shame , consumption , innouations , pressures , and sundry other iudgements , on all those protestant states and churches where it hath bene harboured , which haue neuer thriuen since this contagious , blasting heresie ( which must needes be accompanied , with the very wrath and curse of god , because it nullifies his fauour , and disauowes his grace , ) hath crept into them . it is but a bridge , an vsher vnto popery , and all popish ceremonies , which winde themselues into our church apace ( if parliament complaints prooue true ) by their arminian agents , as some new erected altars , images , tapers , and late vsurped altar-adorations , with the reuolt of sundry arminians vnto popery , doe experimentally testifie . o therefore as we tender the peace and safety of our church and state , the supportation , soueraignty , or aduancement of gods grace : the peace , the comfort , or saluation of our endeared soules : the perpetuity and perennious preseruation of our graces : or the prosperity and happinesse of our declining nation : as wee desire the subuersion of the p●pall , or spanish monarchy : the defeatment of all iesuiticall combinations against our church or state : the ouerthrow and extirpation of popery : the continuance , safety , growth , and flourishing of our precious protestant religion ( which arminianisme and popery vndermine almost as fast at home , as popish policies or spanish forces doe abroad : ) let vs now at 〈◊〉 lay downe these grosse arminian errors , which haue constantly , beene brandid , censured , and condemned by all the euidences , yea writers of our church : embracing from , and with our hearts and iudgements , these orthodox sweet , and gracious anti-arminian dogmaticall conclusions heere recorded , ( wherein our happinesse , comfort , and saluation rest , ) as the ancient , established , professed and vndoubted doctrines of our church , ( as this whole antithesis infallibly prooues them : ) that so our church and kingdome , ( which being * diuided against themselues by these distracting opinions , and other ciuill dissentions , cannot stand , ) may once more flourish in these declining , turbulent , and perplexing dayes , and repossesse that former vnitie , safety , honour , peace , and glory , which wee all desire . wee all know in what dangerous and fickle times wee liue : we see the generall desolations , and lamentable ouertures of gods church abroade ; wee see religion sincking , grace decaying , popery triumphing , arminianisme spreading , heresies and new errors springing , and getting head in euery corner : we see nation rising vp against nation , kingdome against kingdome , church against church : yea , we may behold one church , one state , one people , one house , ( yea the members of one and the selfe same body , ) diuided against it selfe . looke we vpon all the christian world abroad , vpon our selues at home , wee can behold nought else but the fatall symptomes , and dismall characters of an almost ineuitable , and neere-approaching confusion . o therefore let vs now cast anchor and take sanctuary in heauen ; let vs * draw neere and sticke fast vnto our god : let vs cleaue inseparably to these anti-arminian conclusions and doctrines of our church , which will be our onely cordialls , our all sufficient contentment , our best security , support , and comfort in the midst of all the ruines , calamities , and miserable perplexities which befall the world : if our religion be but safe , our church , our state , our goods , our liberties , our very soules and bodies , all we haue , are then secure : if we hold but this , all else is sure ; if we part with this , then farewel all ; let vs neuer expect one halcion happy day or houre more , . whiles religion flourished and grew great among vs , wee were then the head of nations , the dread , the honour , the mirrour , and paradise of the world : since the tares of popery and arminianisme haue sprung vp within our church , since we haue halted and declined in our faith , wee haue beene the very obloquie , scorne , derision , and taile of all our neighbour nations : plagues haue deuoured , diuisions weakned , discontents , decay of trade , with sundry other grieuances impouerished vs , at home : enemies , tempests , vnskilfulnesse , and ouer-reaching policies , consumed , defeated , and dishonoured vs , by sea , by land abroad : all our counsels haue beene infatuated , our designes frustrated , our hopes dashed , our prayers vnanswered , our parliaments broaken vp in discontent : the curse and vengeance of god hath clinged close vnto vs to our great destruction : and for all this , we see , we finde , we feele , ( and i pray god wee may be truely sensible of it ere it bee too late , ) a gods anger is not yet turned away , but his hand is stretched out still against vs , because b wee reuolt from him , and our long-professed , and established religion more and more . let vs therefore now at last c remember whence we are falne , and doe our first workes ; let vs d hold fast our first professed religion , constant to the ende : vve were borne , we were baptized , bred , and nursed in it ; we haue growne vp safely , wee haue prospered happily vnder it ; we haue hitherto liued in it , by it : let vs now die in it , yea , with it , for it , if god calls vs to it ; lest we all suddenly perish , consume , and die eternally without it , because we haue thus backe-slided from it . farewell . the true endeauourer of religions safety , and our churches vnitie , william prynne . anti-arminianisme , or the chvrch of englands old antithesis to new arminianisme . it is the aduice and counsell of an ancient a father , for the suppression of such haeresies , or vpstart errors , which seeke to shrowde themselues vnder the fraudulent couert of wrested and mis-applied scriptures ; to examine them by , to encounter them with , the opinions and vnanimous resolutions of those ancient godly fathers , who haue either dyed in christ , or suffered for christ : that so they may bee manifestly discouered without ambiguity , and finally condemned , without reuocation or reuiewe . this fatherly and graue aduice of his , i haue made choice to follow , in the discouery , both of the nouelty and falsenesse of those arminian tenents , which would willingly harbour themselues , vnder the roofe and patronage of the church of england , whose doctrines they of late praetend they are . the issue which the arminians , and anti-arminians ( if i may so stile them ) are now come to ioyne , and on which they must receiue their final doome , is onely this : whether the arminian or anti-arminian positions , be the receiued and vndoubted doctrines of the church of england ? the onely euidences , and grand-iury-men to try this issue ; are the articles , homilies , common-prayer booke , and the authorized writings of all the learned orthodox writers of the church of england , from the beginning of reformation to this present . if all these suffragate or passe their verdict for the arminians , and their erronious assertions ; let iudgement then be openly pronounced for them , we will foorth with yeeld vp to them without any more dispute , both cause and right at once . but if all , or either of these giue euidence against them , as in truth they doe : if they all yeeld vp a ioynt vnanimous verdict for anti-arminians , and their authentique positions ; i hope they shall then receiue , not only a speedy and finall iudgement on their side , which no subsequent reuiew , nor writ of error shall hencefoorth reuerse : but likewise a parliamentary decree , to establish them in their ancient and long-continued peaceable possession , without disturbance for all future times . for triall of this waighty issue , which will put a period to our praesent controuersies , and stablish peace and vnity both in church and state ; i haue heere epitomized into this compendious briefe , the seuerall scattered euidences , and most materiall witnesses that the church of england hath affoorded me to this purpose , since her reformation to this present ; all which giue punctuall testimony , and vnanimous sentence against our new arminian assertions : discouering them to bee , not onely nouell , and erronious ; but diametrally repugnant to the anciently established , and professed doctrine of our reformed church , as the sequell will eftsoone demonstrate . the method which i shall obserue in the legall deciding of this issue , is this : first , i shall set downe at large , the seuerall grand charters ( to wit , the articles of the church of england : the articles of lambheth : the articles of ireland : the common prayer booke : the homilies established in our church : the chatechisme authorized by king edward the 6. and barrets recantation , ) which entitle the anti-arminian tenents to the church of england , and the church of england vnto them ; and withall disproue the meere pretended title of the arminian tenents to our english church , which neuer yet gaue colour or allowance to them . secondly i shall propound the anti-arminian orthodox assertions in their order , applying these seuerall charters to them , as vnanswerable euidences ; and likewise quoting to them the workes and names of all such orthodox and learned writers of the church of england , from the beginning of reformation to this present , that haue hitherto come vnto my hands ; who giue direct and punctuall testimony either on their side , or against their opposites , or both ; as irrefragable witnesses , to vindicate and proue them , to be the ancient and vndoubted ; and the contrary arminian tenents , the spurious and pretended doctrines onely , of the church of england . i shall begin with the first of these ; and in that , with the established and allowed articles of the church of england . the articles of the church of england , agreed vpon in the conuocation holden at london , in the yeere 1552. in the raigne of edward the 6. afterwards confirmed and repromulgated in the yeere of our lord 1562. in the raigne of queene elizabeth , and since that ratified by king iames 1604. and by our gracious soueraigne king charles , in the yeare 1628. article . 2. the godhead and manhood , were ioyned together in one person , neuer to be diuided , whereof is one christ , very god , and very man , who truely suffered , was crucified , dead , and buried , to reconcile his father to 5 vs , and to be a sacrifice , not onely for originall guilt , but also for all actuall sinnes of men . artic . 9. originall sinne standeth not in the following of adam , ( as the pelagians doe vainely talke ) but it is the 4 fault and corruption of the nature of euery man , that naturally is ingendred of the off-spring of adam , whereby man is very farre gone from originall righteousnesse , and is of his nature enclined to euill , so that the flesh lusteth alwaies contrary to the spirit , and therefore in euery person borne into this world , it deserueth gods wrath and damnation . and this infection of nature doth remaine , yea in them that are regenerated , where by the lust of the flesh , called in greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which some doe expound the wisdome ; some , sensualty ; some , the affection ; some , the desire of the flesh , is not subiect to the law of god. and although there is 7 no condemnation for them that beleeue and are baptised , yet the apostle doth confesse that concupiscense and lust , hath of it selfe the nature of sinne . artic : 10. the 4 condition of man after the fall of adam , is such , that he cannot turne and prepare himselfe by his owne naturall strength and good workes to faith and calling vpon god : wherefore wee haue no power to doe good workes pleasant and and acceptable to god , without the grace of god by christ 6 preuenting vs , that wee may haue a good will , and working with vs , when we haue that good will , artic . 13. vvorkes done 4 before the grace of christ , and the inspiration of his spirit , are not pleasant to god , forasmuch as they spring not of faith in iesu christ , 2 neither do they make men meet to receiue grace , or ( as the schoole-authors say ) deserue grace of congruitie : yea rather for that they are not done as god hath willed and commanded them to bee done , wee doubt not but they haue the nature of sinne . artic . 15. christ in the truth of nature , was made like vnto vs in all things ( sinne onely excepted ) from which hee was cleerely voide , both in his flesh , and in his spirit . hee came to be a lambe without spot , 5 who by sacrifice of himselfe once made , should take away the sinnes of the world : and sinne ( as saint iohn saith ) was not in him , &c. artic . 16. not euery deadly sinne willingly committed after baptisme , is sinne against the holy ghost , and vnpardonable . wherefore , the grant of repentance is not to bee denyed to such as fall into sinne after baptisme . 7 after wee haue receiued the holy ghost , wee may depart from grace giuen , and fall into sinne , and by the grace of god ( wee may ) arise againe , and amend our liues . and therefore they are to bee condemned , which say they can no more sinne as long as they liue heere , or deny place of forgiuenesse to such as truely repent . from this article , some a arminians haue endeuored to iustifie their doctrine , of the totall and small apostasie of the saints from grace : yet the conference at hampton court. pag. 24. together with learned doctor whitakers in his cygnea cantio october 9. an. dom. 1595 cantabrigie ex officina iohannis legat. 1599. pag. 20. profound doctor feild in his answere to theophylus higgons , part. 1. cap. 3. 2. part. sectio 2. edition 2. at oxford by william turner 1628. pag. 834. reuerend and solid doctor robert abbot , late bishop of sarum , in his animaduersio in thompsoni diatribam , cap. 27. londini 1618 p. 218. laborious doctor benefield . de perseuerantia sanctorum . lib. 1. cap. 15. francofurti 1618. pag. 162. to 167 reuerend and religious doctor carleton late bishop of chichester , in his examination of master mountagues appeale . edit . 2. p. 135. 136. 137. acute doctor daniel featly , in his second parallel , london 1626. pag. 22. 23. 24. industrious master henry burton , in his plea to an appeale , london , 1626. p. 13. 14. 15. master wotton in his dangegerous plot discouered , or his answere to master mountagues appeale cap. 12. london . 1626. p. 42. 43. 44. 45. studious master francis rouse , in his doctrine of king iames , &c. edit . 1. london 1626. p. 43. to 48. facetious master yates , in his ibis ad caesarē . london 1626. part . 4. c. 15. p. 134. 135. 136. to omit mine owne perpetuitie of a regenerate mans estate . edit 2. london 1627. p. 309. to 319. all these , i say , together with master thomas rogers his authorized analisis on this article ; confesse and prooue the meaning of this article to be sound and orthodox : warranting no totall nor finall apostasie from the state of grace , as papists or arminians would from thence collect ; but onely a lapse into some criminall or scandalous act of sinne , which may , and doth sometimes befall , the very best and deerest of gods saints . since then these seuerall orthodox members and learned writers of our church haue anciently , and lately made this authentique exposition of this article , which none but papists or arminians haue hitherto oppugned : and since the articles of lambheth , artic. 5. together with the articles of ireland , artic. 38. ( which doubtlesse would neuer vary from the genuine and natiue meaning of this article ) haue wel explaned and ratified it with these two termes ; yet neither finally nor totally ; i hope all english protestants will subscribe to this construction onely , and reiect all others as spurious and vnsound . artic . 17. 1 predestination to life , is the euerlasting purpose of god , whereby ( before the foundations of the world were layd ) hee hath constantly decreed by his counsell , secret to vs , 7 to deliuer from curse and damnation , those whom hee hath chosen in christ out of mankinde , and to bring them by christ to euerlasting saluation , as vessells made to honour . wherefore they 4 which be endued with so excellent a benefit of god , 6 be called according to gods purpose by his spirit working in due season : they 4 through grace obey the calling : they bee iustified 2 freely : they bee made the sonnes of god by adoption : they bee made like the image of his onely begotten sonne iesus christ : 7 they walke religiously in good workes , and at length by gods mercy , they attaine to euerlasting felicitie . as the godly consideration of predestination and our election in christ , is full of sweet , pleasant , and vnspeakable comfort to godly persons , and such 6 as feele in themselues the working of the spirit of christ , mortifying the workes of the flesh , and their earthly members , and drawing vp their minde to high and heauenly things , aswell because it doth greatly 7 establish and confirme their faith of eternall saluation to be enioyed through christ , as because it doth feruently kindle their loue towards god : so , for curious and carnall persons , 4 lacking the spirit of christ , to haue continually before their eyes the sentence of gods predestination , is a most dangerous downefall , whereby the deuill doth thrust them either into desperation , or into rechlesnesse of most vncleane liuing , no lesse perillous then desperation , &c. from this article ; solid and learned doctor whitakers in his cygnea cantio , pag. 16. 17. master thomas rogers , in his authorized analisis on the 17. article , commonly solde and bound vp together with the articles : reuerend bishop carlton , in his examination of master mountagues appeale cap. 10. edit . 2. pag. 99. master yates in his ibis ad caesarem : part. 1. cap. 1. 2. 3. part . 2. cap. 1. sect. 5. pag. 35. &c. master henry burton in his answere to an appeale , pag. 28. 36. 37. 42. 44. 49. master francis rouse in his doctrine of king iames. pag. 43. to 48. master wotton in his dangerous plot discouered . cap. 19. 20. pag. 126. 127. together with doctor thysius in his comment or collation on the articles of lambheth . hardrouici . 1613. &c. ( who haue copiously analised , and explained this 17. article ) haue raised these orthodoxe anti-arminian conclusions , which are directly grounded on , and warranted , by this article as they there affirme . 1 that there is a predestination of certaine men vnto aeternall life ; and a praeterition , or reprobation of others vnto death . 2 that this praedestination both to life and death , are from aeternity . 3 that they are altogether immutable and vnchangeable . 4 that not all men , but certaine onely , are praedestinated to be saued . 5 that these who are praedestinated vnto saluation can neuer perish ; nor yet fall finally or totally from the state of grace . 6 that in christ iesus some are elected to saluation , and not others ; not of any fores●ene ●aith , or works , or will , or merit in themselues , but out of the meere good will and pleasure of god himselfe . 7 that they who are elected to saluation , are in their due time called according to gods purpose , both outwardly by the word , and inwardly by the spirit : which call they all obey and not resist . 8 that the predestinate are both freely iustified by faith ; and sanctified by the holy ghost heere , and shall likewise be glorified in the life to come . 9 that the consideration of praedestination , and its doctrine , is to the godly wise most comfortable an● ioyfull ; and dangerous to none but curious and carnall persons . all which conclusions are diametrally repugnant to the now arminian tenents . artic . 18. they also are to bee had accursed , that presume to say , 5 that euery man shall bee saued by the lawe or sect which he professeth , so that hee bee diligent to frame his life according to that law , and the light of nature . for holy scripture doth set out vnto vs onely the name of iesus christ , whereby men must be saued . artic . 29. the 5 wicked and such as be voide of a liuely faith , although they doe ca●nally and visibly presse with their teeth ( as st. augustine saith ) the sacrament of the body and bloud of christ : yet in no wise are they partakers of christ but rather to their condemnation doe eate and drinke the signe or sacrament of so great a thing . artic . 31. the 5 offering of christ once made , is that perfect redemption● proputation , and satisfaction for all the sinnes of the whole world both originall and actuall , and there is none other satisfaction for sinne , but that alone . the nine assertions , or articles of lambheth composed and agreed vpon at lambheth-house on the 20. day of nouember , in the yeere of our lord , 1595. by iohn archbishop of canterbury , richard bishop of london , richard elect bishop of bangor , doctor tyndall deane of elie , doctor whitaker professor of diuinitie in cambridge , and sundry other reuerend and learned diuines there present : with the concurrent approbation of the right reuerend and learned prelate , mathew archbishop of ●ork● : for the determining of certaine arminian points of controuersie that then arose in the vniuersitie of cambridge . 1 deus ab aeterno praedestinauit quosdam ad vitam ; quosdam reprobauit ad mortem . 1 god from eternitie hath praedestinated certaine men vnto life ; certaine men he hath reprobated vnto death , 2 causa mouens aut efficiens praedestinationis ad vitam , non est praeuisio fidei , aut perseuerantiae , aut bonorum operum , aut ullius rei quae insit in personis praedestinatis , sed sola voluntas beneplaciti dei. 2 the moouing , or efficient cause of predestination vnto life , is not the foresight of faith , or of perseuerance , or of good-workes , or of any thing that is in the persons predestinated , but onely the good will and pleasure of god 3 praedestinatorum praefinitus & certus est numerus , qui nec augeri , nec minui possit . 3 there is a pre-determined , and certaine number of the predestinate , which can neither be augmented nor diminished . 4 qui non sunt praedestinati ad salutem , necessario propter peccata sua damnabuntur . 4 those who are not predestinated to saluation , shall be necessarily damned for their sinnes . 5 vera , viva , & iustificans fides , & spiritus dei iustificantis , non extinguitur , non excidit , non euanescit in electis , aut finaliter , aut totaliter . 5 a true , liuing , and iustifying faith , and the spirit of god iustifying , is not extinguished , it falleth not away , it vanisheth not away in the elect , either finally , or totally . 6 homo vere fidelis , id est , fide iustificante praeditus , certus est plerophoria fider , de remissione peccatorum suorum , & salute sempiterna sua per christum . 6 a man truely faithfull , that is , such ●one who is endued with a iustifying faith , is certaine with the full assurance of faith , of the remission of his sinnes , and of his euerlasting saluation by christ. 7 gratia salutaris non tribuitur , non communicatur , non conceditur vniuersis hominibus , qua seruari possint , si velint . 7 sauing grace is not giuen , is not communicated , is not granted to all men , by which they may be saued if they will. 8 nemo potest venire ad christum , nisi datum ei fuerit , & nisi pater eum traxerit : & omnes homines non trahuntur a patre vt veniant ad filium . 8 no man can come vnto christ , vnlesse it shall be giuen vnto him , and vnlesse the father shall draw him : and all men are not drawn by the father , that they may come to the sonne . 9 non est po●itum in arbitrio , aut po●estate vniusc●iusque hominis , servari . it is not in the will , or power of euery one , to be saued . these articles of lambheth how euer a some may chance to slight them as the resolutions of some priuate m●n : yet they were vnanimously composed and approued by both our right reuerend and learned archbishops , whitgift , and hu●ton ; by the bishops of london , and bangor ; and by sundry other of our most eminent diuines ; and that not rashly or vnadvisedly , but vpon serious debate and mature deliberation : and being afterwards sent to the vniuersitie of cambridge for the allaying of some arminian controuersies there raysed by master barret , ( whose publique recantation i haue heere inserted ) and abetted by one peter baro a frenchman , lady margarets professor in that vniuersitie : b they were there receiued with such an vnanimous approbation of the whole vniuersitie : that those arminian tenents were foorthwith abandoned ; and baro forced to forsake his place : since whose departure to this present , the diuinitie professors of this our famous vniuersitie haue constantly adhered to these conclusions , as the vndoubted doctrine of the church of england . what respect the reformed churches abroad haue giuen to these articles , or assertions , let famous thysius , who hath twice published them hardrouici 1613. and quoted the fathers to them ; together with learned bogerman president of the late famous synod of dort , in his 107. and 108. notes vpon the second part of grotius . fran●ke●● : 1614. p. 183. 184. testifie : who both recite and repute them , as the receiued and vndoubted doctrine of the church of england . what approbation they haue had with vs at home ; their vnanimous approbation by the vniuersitie of cambridge at first ; their insertion into the articles of ireland , agreed vpon by the archbishops , and bishops , and the rest of the clergie of ireland , in their conuocation hol●en at dublin 1615. where all , or most of them , are recited verbatim , as any man may see that will compare them : the mentioning of them in the * conference at hampton court : where his maiestie of blessed memory , was moued to insert them into the book● of articles ; and vnderstanding not what these assertions of lambheth were , was informed : that by reason of some controuersies arising in cambridge about certaine points of diuinitie , my lords grace of canterbury assembled some diuines of especiall note to set downe their opinions , which they drew into nine assertions , and so sent them vnto the vniuersitie for the appeasing of those quarrels . their honourable recitall by the late reuerend and learned bishop of chichester , doctor carlton , in his examination of master mountagues appeale , edition 2. cap. 2. pag. 8. 9. 10. by learned doctor benefield , de per●euerantia sanctorum : lib. 1. cap. 15. p. 162. to 167. by ma●●er francis rouse in his doctrine of king iames , p. 〈◊〉 〈◊〉 mr. iohn browne in his appendix to the life of queene elizabeth , where they are likewise printe● . by mr. thomas vicars in his pusillies grex : oxo●iae . 1627 p. 31. by abdias asheton , in vita gulielmi whitakeri . cantabrigiae 1599. p. 43. who all repute and deeme them , the orthodox and vndoubted doctrine of the church of england . all these recited euidences , i say , doe abundantly confirme , the truth , the honour , and orthodox authority of these articles or assertions ; which were neuer yet impeached by any orthodox english diuine , as different from o●● 39. articles , or varying from the receiued doctrines of our church . and therfore ( especially since the articles of ireland thus approue them ) we may safely embrace them , as the vndoubted and anciently receiued doctrines of our english church . articles of religion agreed vpon by the archbishops , and bishops , and the rest of the cleargie of ireland , in the conuocation holden at dublin , in the yeere of our lord god. 1615. 11 god from all eternitie did by his vnchangeable counsell ordaine whatsoeuer in time should come to passe . yet so , as thereby no violence is offred to the wills of the reasonable creatures , and neither the libertie nor the contingencie of the second causes is taken away , but established rather . 12 by the same eternall counsell god hath predestinated some vnto life , and reprobated some vnto death , of both which there is a certaine number , knowen only to god , which can neither be increased nor diminished . 13 predestination to life , is the euerlasting purpose of god , whereby , before the foundations of the world were layed , he hath constantly decreed in his secret counsell to deliuer from curse and damnation , those whom he hath chosen in christ out of mankinde , and to bring them by christ vnto euerlasting saluation , as vessels made to honor . 14 the cause mouing god to predestinate vnto life , is not the foreseeing of faith , or perseuerance , or good workes , or of any thing which is in the person predestinated , but onely the good pleasure of god himselfe . for all things being ordained for the manifestation of his glory , and his glory being to appeare both in the works of his mercy and of his iustice : it seemed good to his heauenly wisedomee to choose out a * certaine number towards whom he would extend his vndeserued mercy , leauing the rest to be spectacles of his iustice . 15 such as are predestinated vnto life , be called according vnto gods purpose ( his spirit working in due season ) and through grace they obey the calling , they be iustified freely , they be made sonnes of god by adoption , they be made like the image of his onely begotten son iesus christ , they walke religiously in good workes , and at length by gods mercy they attaine to euerlasting felicitie . * but such as are not predestinated to saluation , shall finally be condemned for their sinnes . 16 the godly consideration of predestination and our election in christ , is full of sweete , pleasant , and vnspeakeable comfort to godly persons , and such as feele in themselues the working of the spirit of christ , mortifying the workes of the flesh , and their earthly members , and drawing vp their mindes to high and heauenly things : as well because it doth greatly confirme and establish their faith of eternall saluation to be enjoyed through christ , as because it doth feruently kindle their loue towards god : and on the contrary side , for curious and carnall persons , lacking the spirit of christ , to haue continually before their eies the sentence of gods predestination , is very dangerous . 22 by one man sinne entred into the world , and death by sinne , and so death went ouer all men , for as much as all haue sinned . 23 originall sinne standeth not in the imitation of adam ( as the pelagians dreame ) but is the fault and corruption of the nature of euery person that naturally is ingendered and propagated from adam : whereby it commeth to passe that man is depriued of originall righteousnes , and by nature is bent vnto sinne . and therefore in euery person borne into the world , it deserueth gods wrath and damnation . 25 the condition of man after the fall of adam is such , that he cannot turne , and prepare himselfe by his owne naturall strength and good workes , to faith , and calling vpon god. wherefore we haue no power to doe good workes , pleasing and acceptable vnto god , without the grace of god preuenting vs , that we may haue a good will , and working with vs when we haue that good will. 26 workes done before the grace of christ and the inspiration of his spirit are not pleasing vnto god , for as much as they spring not of faith in iesus christ , neither doe they make men meete to receiue grace , or ( as the schoole authors say ) deserue grace of congruitie : yea rather , for that they are not done in such sort as god hath willed , and commanded them to be done , we doubt not but they are sinfull . 31 they are to bee condemned , that presume to say , that euery man shall bee saued by the law , or sect which he professeth , so that he bee diligent to frame his life according to that law , and the light of nature . for holy scripture doeth set out vnto vs onely the name of iesus christ , whereby men must be saued . 32 none can come vnto christ , vnlesse it bee giuen vnto him , and vnlesse the father draw him . and all men are not so drawne by the father , that they may come vnto the sonne . neither is there such a sufficient measure of grace vouchsafed vnto euery man , whereby he is enabled to come vnto euerlasting life . 33 all gods elect , are in their time inseperably vnited vnto christ , by the effect all , and vitall influence of the holy ghost , deriued from him , as from the head , vnto euery true member of his mysticall body . and being thus made one with christ , they are truely regenerated , and made partal●ers of him , and a● his benefits . 37 by iustifying ●aith wee vnderstand not onely the common beliefe of the articles of christian religion , and a perswasion of the trueth of gods word in generall : but also a particular application of the gracious promises of the gospell , to the comfort of our owne soules ; whereby we lay hold on christ , with all his benefits , hauing an earnest trust and confidence in god , that hee will be mercifull vnto vs for his onely sonnes sake . * so that a true beleeuer may bee certaine , by the assurance of faith , of the forgiuenesse of his sinnes , and of his euerlasting saluation by christ. 38 * a true liuely iustifying faith , and the sanctifying spirit of god is not extinguished , nor vanisheth away in the regenerate , either finally or totally . the booke of common prayer . in this booke of common prayer established by act of parliament in our church , there are sundry passages to prooue these seuerall anti-arminian positions . first , that god from eternity hath freely of his own accord , chosen out of mankinde a certaine select number of men , which can neither bee augmented nor diminished ; whom he doth effectually call , saue , and bring to glory ; so that none of them can perish , or fall off from him : and that these onely are the true church . this conclusion wee shall see confirmed by these seuerall passages , a and make thy 1 chosen people ioyfull . b almighty god , which hast knit together the 1 elect in one communion and fellowship in the mysticall body of thy sonne iesus christ our lord : grant vs grace so to 7 follow thy holy saints in all vertuous and godly liuing , &c. c thirdly , in god the holy ghost , who 6 sanctifieth me and all the 1 elect people of god : d almighty god , with whom do liue the spirits of them who depart hence in the lord , and in whom the soules of them that bee elected , after they bee deliuered from the burthen of the flesh , 7 be in ioy and felicitie , &c. wee beseech thee of thy gracious goodnesse , shortly to 7 accomplish the 1 number of thine elect , &c. e o almighty and mercifull lord , which giuest vnto thy elect people the holy ghost , as a 7 sure pledge of thy heauenly kingdome : grant vnto vs this holy spirit , that he may beare witnesse with our spirits , that wee be thy children , and heires of thy kingdome , and that by the 4 operation of this spirit , wee may kill all carnall lusts , &c. f honour and praise bee giuen vnto thee ( o lord god almighty ) most deare father of heauen , for all thy mercies and louing kindnesse shewed vnto vs ; in that it hath pleased thee 2 freely , and of thine owne accord to 1 elect and chuse vs to saluation before the beginning of the world , &c. g almighty god , &c. grant that all thy seruants which shall bee baptized in this water , may receiue the fulnesse of thy grace , and euer remaine in the 1 number of thy faithfull and elect children , &c. see the collect on good fryday , on the first sunday after the epiphany , and one the 2. 15. and 22. sundaies after trinitie , to this purpose . secondly , that there is no such free-will , or vniuersall and sufficient grace giuen vnto all men , 2 by which they may conuert , repent , beleeue , and be saued if they will : and that it is gods speciall preuenting grace , which must change mens hearts , and giue repentance , faith , and all other graces to them . this orthodoxe position which ouerturnes free-will and vniuersall grace , the very center and ground work of arminianisme , is aboundantly prooued by these ensuing * prayers , h wherefore wee beseech him to grant vs true repentance , and his holy spirit , that those things may please him which wee doe at this present , &c , o god make cleane our hearts within vs. o god from whom all holy desires , all good counsels , and all good workes doe proceed , &c. i that it may please thee to giue vs an heart to loue and dread thee , and diligently to walke after thy commandements . that it may please thee to giue vs true repentance , and to endue vs with the grace of thy holy spirit , to amend our liues according to thy holy word . though wee be tyed and bound with the chaine of our sins , yet let the pittifulnesse of thy great mercy loose vs , &c. k almighty god , giue vs grace that wee may cast off the workes of darkenesse , and put on the armour of light , &c. o lord raise vp thy power and come among vs , and with great might succour vs , that whereas by our sinnes and wickednesse wee be sore let and hindered , thy bountifull grace and mercy may speedily deliuer vs , &c. see the collects on the 1. 4. & 5. sundayes after the epiphany . l o god create in vs new and contrite hearts , &c. m almighty god who doest see that of our selues wee haue no power to helpe our selues , keepe thou vs both outwardly in our bodies , and inwardly in our soules , &c. n almighty god , wee humbly beseech thee , that as by thy speciall grace preuenting vs , thou doest put into our hearts good desires : so by thy continuall helpe wee may bring the same to good effect . o god the strength of all those that trust in thee , mercifully heare our prayers , and because the weakenesse of our mortall nature can do no good thing without thee , grant vs the helpe of thy grace , that so we may please thee both in will and deede . lord of all power and might which art the onely author and giuer of all good things , grasse in our hearts the loue of thy name , increase in vs true religion , nourish vs with all goodnesse , and of thy mercy keepe vs in the same . grant vs o lord , wee beseech thee the spirit to thinke , and to doe alwayes those things as bee righteous , that wee which cannot be without thee , may by thee be able to doe according to thy will , &c. lord wee pray thee that thy grace may alwaies preuent and follow vs , and make vs continually giuen to all good workes . o god for asmuch as without thee wee cannot please thee , graunt that thy mercy may alwaies direct and rule our hearts . see the 2. 6. 13. 15. and 22. sundaie after trinitie to the same effect . * lord haue mercy vpon vs and encline our hearts to keepe this lawe . preuent vs , o lord , in all our doings with thy most gracious fauour , and further vs with thy continuall helpe , that in all our workes begunne , continued , and ended in thee , &c. p my good childe know that thou art not able to doe these things of thy selfe , nor to walke in the commandements of god , and to serue him without his speciall grace . q almighty god who makest vs both to will and to doe the things that bee acceptable vnto thy maiestie , &c. r turne vs o good god , and so shall we be turned . thirdly , that christ iesus dyed sufficiently for all mankinde , but effectually for none but the elect , and true beleeuers , who alone are saued by his death . the sufficiency of christs death for all mankinde , is expressed in these seuerall places . s o god the sonne redeemer of the world , haue mercy vpon vs miserable sinners . t aboue all wee must giue humble and hearty thankes to god the father , &c. for the redemption of the world , by our lord and sauiour iesus christ , &c. almighty god our heauenly father which of thy tender mercy diddest giue thine onely sonne iesus christ to suffer death vpon the crosse for our redemption , who made there ( by his owne oblation once offered ) a full , perfect , and * sufficient sacrifice , oblation , and satisfaction for the sinnes of the whole world , &c. o lambe of god which takest away the sinnes of the world , haue mercy vpon vs. thou that takest away the sinnes of the world , receive our prayers . * secondly , in god the sonne , who hath redeemed mee and all mankinde . u o sauiour of the world saue vs , which by thy crosse and passion hast redeemed vs : all this must bee vnderstood onely of the sufficiency and merit of christs death , not of the efficacie , benefit , and application of it , which belongs to none but to the true church of christ , euen the elect and true beleeuers as these passages ensuing will informe vs. x when thou hadst ouercome the sharpnesse of death , thou diddest open the kingdome of heauen to all beleeuers . we pray thee helpe thy seruants , whom thou hast redeemed with thy most precious bloud . o lord saue thy people , and make thy chosen people ioyfull . y blessed be the lord god of israel , for hee hath visited and redeemed his people . to giue knowledge of saluation to his people , for the remission of their sins . his mercy is on them that feare him throughout all generations . he remembring his mercy hath holpen his seruant israel , &c. z spare thy people whom thou hast redeemed with thy most precious bloud . a this is the bloud of the new testament , which is shed for you , and for many for the remission of sinne . grant that by the merits and death of thy sonne iesus christ , & through faith in his bloud , we and all thy whole church may obtaine remission of our sinnes , and all other benefits of his passion . now the church the mysticall body of christ , is the blessed company of all faithfull and elect people , and none else but they ; as the next prayer , the collect on good fryday , and the places quoted in the first position , prooue . and whereas the minister in distributing the bread and wine , saith particularly to euery man : take this in remembrance that christ dyed for thee : drinke this in remembrance that christs bloud was shed for thee ; it cannot imply that christ dyed effectually for all men ; but the contrary , that hee dyed only thus for the elect and faithfull : because our church b prohibites all such as want true faith and repentance , or liue in any grosse and knowne sinnes , to come to the sacrament , admitting none but true and faithfull penitents to it : so that the minister and our church doe alwayes looke vpon all communicants , as the elect and chosen saints of god , endued with true faith and repentance , and so they may well apply ( at leastwise in the iudgement of charity ) the efficacy and merits of christs death vnto them . i will conclude this point with the passage of a prayer necessary for all men . iesus christ thy onely sonne hath perfectly fulfilled thy law , to iustifie all men that beleeue and trust in him . and thus much for our common prayer booke . certaine homilies appointed to be read in churches , in the time of the late queene elizabeth of famous memory . and since thought fit to be reprinted by authoritie from the kings most excellent maiestie . saint paul in many places painteth vs out in our colours , calling vs the children of the wrath of god , when we be borne : saying also 4 that we cannot thinke a good thought of our selues , much lesse can we say well , or doe well of our selues , &c. our sauiour christ saith , there is none good but god : and that wee can doe nothing that is good without him , nor no man can come to the father but by him , &c. 4 for of our selues we are crabtrees , that can bring foorth no apples . we bee of our selues of such earth , as can bring foorth but weedes , nettles , brambles , briers , cockle , and darnell . wee haue neither faith , charitie , hope , patience , chastitie , nor any thing else that good is , but of god , and therefore these vertues bee called there the fruites of the holy ghost , and not the fruites of man. let vs therefore acknowledge our selues before god ( as wee bee indeede ) miserable and wretched sinners . 4 of our selues , and by our selues , wee haue no goodnesse , helpe , nor saluation , but contrariwise sinne , damnation , and death euerlasting : which if we deepely weigh and consider , wee shall the better vnderstand the great mercy of god , and how our saluation commeth onely by christ. wee are all become vncleane , but wee all are not able to cleanse our selues , nor to make one another of vs cleane . wee are by nature the children of gods wrath , but wee are not able to make our selues the children and inheritors of gods glory . wee are sheepe that runne astray , but wee cannot of our owne power come againe to the sheepefold , so great is our imperfection and weakenesse . in our selues therefore may wee not glory , which ( of our selues ) are nothing but sinnefull . to god therefore must wee flee , or else shall we neuer finde peace , rest and quietnesse of conscience in our hearts . for he is the father of mercies , and god of all consolation . hee is the lord , with whom is plenteous redemption : 2 he is the god who of his owne mercy saueth vs , and setteth out his charitie and exceeding loue towards vs , in that of his owne voluntary goodnesse , when we were perished , he saued vs , and prouided an euerlasting kingdome for vs. and all these heauenly treasures are giuen vs , not for our owne deserts , merits , or good deedes , ( which of our selues wee haue none ) but of his meere mercy freely . 5 he is the high and euerlasting priest , which hath offered himselfe once for all vpon the altar of the crosse , and with that one oblation hath made perfect for euermore them that are sanctified . hee is the alone mediatour betweene god and man , which paid our ransome to god with his owne blood , and with that hath hee cleansed vs all from sinne . he is the physitian which healeth all our diseases ; hee is that sauiour which saueth his people from all their sinnes : he is that flowing and most plenteous fountaine , of whose fulnesse all we haue receiued . 5 a sermon of the saluation of mankinde , by onely christ our sauiour from sinne and death euerlasting . 5 ( all the world being wrapped in sinne by breaking of the law ) god sent his onely sonne our sauiour christ into this world , to fulfill the law for vs , and by shedding of his most precious blood , to make a sacrifice and satisfaction , or ( as it may bee called ) amends to his father for our sinnes , to asswage his wrath and indignation conceiued against vs for the same . 5 but our iustification doeth come freely by the meere mercy of god , and of so great and free mercy , that whereas all the world was not able of their selues to pay any part towards their ransome , it pleased our heauenly father of his infinite mercy , without any our desert or deseruing , to prepare for vs the most precious iewels of christs body and blood , whereby our ransome might be fully paid , the law fulfilled , and his iustice fully satisfied . so that christ is now the righteousnesse of all them that truely doe beleeue in him . hee for them paid their ransome by his death . hee for them fulfilled the law in his life . so that now in him , and by him , euery true christian man may be called a fulfiller of the law , forasmuch as that which their infirmity lacked , christs iustice hath supplied . 7 for the very sure and liuely christian faith is not onely to beleeue all things of god , which are contained in holy scripture , but also is an earnest trust , and confidence in god , that hee doeth regard vs , and that hee is carefull ouer vs , as the father is ouer the childe whom hee doeth loue , and that hee will be mercifull vnto vs for his onely sonnes sake , and that wee haue our sauiour christ our perpetuall aduocate , and priest , in whose onely merits , oblation and suffering , we doe trust that our offences bee continually washed and purged , whensoeuer wee ( repenting truely ) doe returne to him , with our whole heart , stedfastly determining with our selues , through his grace , to obey and serue him in keeping his commandements , and neuer turne backe againe to sinne . such is the true faith , that the scripture doeth so much commend , the which when it seeth and con●idereth what god hath done for vs , is also mooued through continuall assistance of the spirit of god , to serue and please him , to keepe his fauour , to feare his displeasure , to continue his obedient children , shewing thankefulnesse againe by obserui●g or keeping his commandements , and that freely , for true loue chiefly , and not for dread of punishment , or loue of temporall reward , considering how clearely , without deseruings wee haue receiued his mercy and pardon freely . 4 for as the holy ghost doeth teach vs to trust in god , and to call vpon him as our father : so did hee teach them to say , as it is written , thou lord art our father and redeemer , and thy name is without beginning and euerlasting . god gaue them then grace to bee his children , as he doth vs now . 7 it is euident , that the true , liuely , and christian faith , is no dead , vaine , or vnfruitful thing , but thing of a perfect vertue , of wonderful operation or working , and strength , bringing forth al good motions and good workes , 7 of faith , he saith , hee that beleeueth in the son , hath euerlasting life , but he that beleeueth not in the son , shall not see that life , but the wrath of god remaineth vpon him . and the same hee confirmeth with a double othe , saying , verily , verily , i say vnto you , hee that beleeueth in me , hath euerlasting life . now forasmuch as hee that beleeueth in christ , hath euerlasting life : it must needes consequently follow , that he that hath this faith , must haue also good workes , and bee studious to obserue gods commandements obediently . for to them that haue euill workes , and leade their life in disobedience , and transgression or breaking of gods commandements , without repentance● pertaineth not euerlasting life , but euerlasting death ? 7 therefore let vs set our whole faith and trust in god , and neither the world , the deuill , nor all the power of them shall preuaile against vs. 1 let vs by such vertues as ought to spring out of faith , shew our election to be sure and stable , as s. peter teacheth , endeuour your selues to make your calling and election certaine by good workes . 7 if you feele and perceiue such a faith in you , reioyce in it : and be diligent to maintaine it , and keepe it still in you , let it bee daily increasing , and more and more by well working , and so shall you be sure that you shall please god by this faith , and at the length ( as other faithfull men haue done before ) so shall you ( when his will is ) come to him , and receiue the end and finall reward of your faith ( as . s. peter nameth it ) the saluation of our soules : 7 but ( euerlasting● thankes bee to almighty god for euer ) there is neuer a one of all these causes , no nor yet them altogether , that can make a true christian man afraid to die ( who is the very member of christ , the temple of the holy ghost , the sonne of god , and the very inheritour of the euerlasting kingdome of heauen : ) but plainely contrary , he concieueth great and many causes vndoubtedly grounded vpon the infallible and euerlasting trueth of the word of god which mooueth him not onely to put away the feare of bodily death , but also for the manifold benefits and singular commodities which ensue vnto euery faithfull person by reason of the same , to wish , desire , and long heartily for it . for death shall bee to him no death at all , but a very deliuerance from death , from all paines , cares , and sorrowes , miseries , and wretchednesse of this world , and the very entry into rest . 7 why then shall wee f●ere to die , considering the manifold and comfortable promises of the gospel , and of holy scriptures ? god the father hath giuen vs euerlasting life ( saith . s. iohn ) and this life is in his sonne . hee that hath sonne , hath life , and he that hath not the sonne , hath not life . and this i write ( saith s. iohn ) to you that beleeue in the name of the sonne of god , that you may know that you haue euerlasting life , and that you doe beleeue vpon the name of the sonne of god. and our sauiour christ saith , hee that beleeueth in me hath life euerlasting , and i will raise him from death to life at the last day . 7 all those therefore haue great cause to bee full of ioy that bee ioyned to christ with true faith , stedfast hope , and perfect charitie , and not to feare death nor euerlasting damnation . for death cannot depriue them of iesus christ , nor any sinne can condemne them that are graffed surely in him , which is their onely ioy , treasure and life . let vs repent our sinnes , amend our liues , trust in his mercy and satisfaction , and death can neither take him from vs , nor vs from him . 2 for it is of the free grace and mercy of god , by the mediation of the blood of his sonne iesus christ , without merite or deseruing on our part , that our sinnes are forgiuen vs ; that we are reconciled and brought againe into his fauour , and are made heires of his heauenly kingdome . grace ( saith s. augustine ) belonging to god , who doth call vs , and then hath he good workes , whosoeuer receiued grace : good workes then bring not foorth grace , but are brought foorth by grace . the wheele ( saith he ) turneth round , not to the end that it may be made round : but because it is first made round , therefore it turneth round . so , no man doth good works , to receiue grace by his good workes : but because he● hath first receiued grace , therefore consequently he doth good workes . for 1 the scripture doeth acknowledge but two places after this life . the one proper to the elect and blessed of god ; the other to the reprobate and damned soules . the onely purgatory wherein wee must trust to be saued , is the death and blood of christ , which if wee apprehend with a true and stedfast faith , it purgeth and cleanseth vs from all our sinnes , euen as well as if hee were now hanging vpon the crosse. the blood of christ saith saint iohn , hath cleansed vs from all sinne . the blood of christ , saith saint paul , hath purged our consciences from dead workes , to serue the liuing god , also in another place hee saith , wee bee sanctified and made holy by the offering vp of the body of iesus christ done once for all . yea hee addeth more , saying , with the one oblation of his blessed body and precious blood , he hath made perfect for euer and euer all them that are sanctified . 7 noe in his drunkennesse offended god highly . lot lying with his daughters , committed horrible incest . wee ought then to learne by them this profitable lesson , that if so godly men as they were , which otherwise felt inwarldly god sholy spirit inflaming in their hearts , with the feare and loue of god , could not by their owne strength keepe themselues from committing horrible sinne , but did so grieuously fall , that without gods great mercy they had perished euerlastingly : how much more ought we then , miserable wretches , which haue no feeling of god within vs at all , continually to feare , not onely that wee may fall as they did , but also be ouercome and drowned in sinne , which they were not ? though through infirmity w●e chance at any time to fall , yet wee may by hearty repentance , and true faith , speedily rise againe , and not sleepe and continue in sinne , as the wicked doeth 1 all men haue not faith . this therefore shall not satisfie and content all mens mindes : but as some are carnall , so they will still continue , and abuse the scriptures carnally , to their greater damnation . the vnl●arned and vnstable ( saith saint peter ) peruert the holy scriptures to their owne destruction . iesus christ ( as s. paul saith ) is to the iewes an offence , to the gentiles foolishnesse : 6 but to gods children , aswell of the iewes as of the gentiles he is the power and wisedome of god. 5 the holy man simeon saith , that hee is set foorth for the fall and rising againe of many in israel . as christ iesus is a fall to the reprobate , which yet perish through their owne default : so is his word , yea the whole booke of god , a cause of damnation vnto them , through their incredulitie . and as he is a rising vp to none other then those which are gods children by adoption : so is his word , yea the whole scripture , the power of god to saluation to them onely that doe beleeue it . christ himselfe , the prophets before him , the apostles after him , all the true ministers of gods holy word , yea euery word in gods booke , is vnto the reprobate , the 3 fauour of death vnto death , christ iesus , the prophets , the apostles , and all the true ministers of his word , yea euery iot and tittle in the holy scripture , haue beene , is , and shall bee for euermore , the fauour of life vnto eternall life , vnto all those whose hearts god hath purified by true faith . 2 god of his mercy and speciall fauour towards them whom he hath appointed to euerlasting saluation , hath so offered his grace 4 especially , and they haue so receiued it fruitfully , that although by reason of their sinfull liuing outwardly , they seemed before to haue beene the children of wrath and perdition , yet now the 6 spirit of god mightily working in them , vnto obedience to gods will and commandements , they declare by their outward deedes and life , in the shewing of mercy , and charitie ( which 4 cannot come but of the spirit of god , and his especiall grace that they are the vndoubted children of god , appointed to euerlasting life . and so as by their wickednes and vngodly liuing , they shewed themselues according to the iudgement of men , which follow the outward appearance , to bee reprobates and castawayes : so now by their obedience vnto gods holy will , and by their mercifulnesse and tender pity ( wherein they shew themselues to bee like vnto god , who is the fountaine and spring of all mercy ) they declare openly and manifestly vnto the sight of men , that they are the sonnes of god , and elect of him vnto saluation . 2 for as the good fruit is not the cause that the tree is good , but the tree must first be good before it can bring foorth good fruite : so the good deedes of men are not the cause that maketh men good , but hee is first made good , by the spirit and grace of god that 6 effectually worketh in him , and afterward he bringeth foorth good fruites . 2 the reasonable and godly , as they most certainely know and perswade themselues , that all goodnesse , all bounty , all mercy , all benefites , all forgiuenesse of sinnes , and whatsoeuer can bee named good and profitable , either for the body or for the soule , doe come onely of gods mercy and meere fauour , and not of themselues : 7 moreouer , hee came in flesh and in the selfe same flesh ascended into heauen , to declare and testifie vnto vs , that 5 all faithfull people which stedfastly beleeue in him , shall likewise come vnto the same mansion place , whereunto he being our chiefe captaine is gone before . 5 christ openly declared his obedience to his father , which ( as saint paul writeth ) was obedient euen to the very death , the death of the crosse. and this hee did for vs all that beleeue in him . 5 so pleasant was this facrifice and oblation of his sonnes death , which hee so obediently and innocently suffered , that wee should take it for the onely and full amends for all the sinnes of the world . and such fauour did he purchase by his death , of his heauenly father for vs , that for the merit thereof ( if wee be true christians indeede , and not in word onely ) we be now fully in gods grace againe , and clearely discharged from our sinne . the onely meane and instrument of saluation required of our parts , is faith , that is to say a sure trust and confidence 2 in the mercies of god : whereby wee perswade our selues , that god , hoth hath , and will forgiue our sinnes , that he hath accepted vs againe into his fauour , that he hath released vs from the bonds of damnation , and receiued vs againe into the 1 number of his elect people , 2 not for our merits or deserts , but onely and solely for the merits of christs death and passion . 5 christ died for our sinnes , and rose againe for our iustification : why may not we , that bee his members by true faith , reioyce and boldly say with the prophet osee , and the apostle paul , where is thy dart , o death ? where is thy victory , o hell ? 7 thankes bee vnto god , say they , which hath giuen vs the victory by our lord christ iesus . 7 apply your selues ( good friends ) to liue in christ , that christ may still liue in you , whose fauour and assistance if yee haue , then haue yee euerlasting life already within you , then can nothing hurt you . whatsoeuer is hitherto done and committed . 4 it is the holy ghost , and no other thing , that doeth quicken the mindes of men , stirring vp good and godly motions in their hearts , which are agreeable to the will and commandement of god , such as otherwise of their owne crooked and peruerse nature they should neuer haue . that which is borne of the spirit , is spirit . as who should say : man of his owne nature is fleshly and carnall , corrupt and naught , sinfull and disobedient to god , without any sparke of goodnesse in him , without any vertuous or godly motion , onely giuen to euill thoughts and wicked deedes . as for the workes of the spirit , the fruits of faith , charitable and godly motions , if he haue any at all in him , they proceed onely of the holy ghost , who is the onely worker of our sanctification , and maketh vs new men in christ iesus . 6 his power and wisedome , compelleth vs to take him for god omnipotent , inuisible , hauing rule in heauen & earth , hauing all things in his subiection , and will haue none in counsell with him , nor any to aske the reason of his doing . for he may doe what liketh him , and none can resist him . 2 for hee worketh all things in his secret iudgement to his owne pleasure , yea euen the 3 wicked to damnation saith salomon . all spirituall gifts and graces come specially from god : he sp●●ed not from any paine and trauaile that might doe vs good . to this our saniour and mediatour , hath god the father giuen the power of heauen and earth , and the whole iurisdiction and authoritie , to distribute his goods and gifts committed to him : for so writeth the apostle . to euery one of vs is grace giuen , according to the measure of christs giuing . this knowledge and feeling is not in our selfe , by our selfe it is not possible to come by it , a great pitie it were that we should lose so profitable knowledge . let vs therefore meekely call vpon that bountifull spirit the holy ghost , which proceedeth from our father of mercy , and from our mediator christ , that hee would assist vs , and inspire vs with his presence , that in him wee may bee able to heare the goodnesse of god declared vnto vs to our saluation . for without his liuely and secret inspiration , can we not once so much as speake the name of our mediator , as saint paul plainely testifieth : no man can once name our lord iesus christ , but in the holy ghost . much lesse should wee bee able to beleeue and know these great misteries that bee opened to vs by christ. saint paul saith , that no man can know what is of god , but the spirit of god. as for vs ( saith he ) we haue receiued not the spirit of the world , but the spirit which is of god , for this purpose : that in that holy spirit wee might know the things that bee giuen vs by christ. the wise man saith , that in the power and vertue of the holy ghost , resteth all wisedome , and all abilitie to know god , and to please him . 4 we must beware and take heed , that we doe in no wise thinke in our hearts , imagine , or beleeue that wee are able to repent aright , or to turne effectually vnto the lord by our owne might and strength . for this must be verified in all men . without mee yee can doe nothing . againe , of our selues wee are not able as much as to thinke a good thought . and in another place , it is god that worketh in vs both the will and the deede . for this cause , although hieremie had said before , if thou returne , o israel , returne vnto me , saith the lord : yet afterwards he saith , turne thou mee , o lord , and i shall be turned , for thou art the lord my god. and therefore that holy writer and ancient father ambrose doeth plainely affirme , that the turning of the heart vnto god , is of god , as the lord himselfe doeth testifie by his prophet , saying , and i will giue thee an heart to knowe mee , that i am the lord , and they shall bee my people , and i will bee their god , for they shall returne vnto mee with their whole heart . both the priesthood and the law being changed wee ought to acknowledge none other priest for deliuerance from our sinnes , but our sauiour iesus christ , who being soueraigne bishoppe , doeth with the sacrifice of his body and blood , offered once for euer vpon the altar of the crosse , most 5 effectually cleanse the spirituall leprosie , and wash away the sinnes of all those that with true confession of the same doe flee vnto him . these seuerall passages quoted out of our homilies do aboundanty testifie : that ther is an eternal and immutable praedestination of certaine men vnto eternall life , out of meere grace and mercy ; and likewise a praetermission or reprobation of others to eternall death , out of gods meere pleasure . that there is no free-will , or sufficient grace communicated vnto all men , whereby they may conuert , and saue themselues if they will. and that man without the speciall assistance of gods grace and spirit , is so weake and impotent , that hee can neither doe nor thinke any thing that is good , or prepare his heart to seeke for grace : that christ iesus hath dyed sufficiently for all men , but effectually for none but the elect , and such who are enabled through faith to apply his merits to their soules . that gods grace and spirit doe alwayes worke effectually in the hearts of his elect , in the act of their conuersion , which they can neuer finally nor totally resist . and that the elect and truely regenerate can neither fall finally nor totally from the state of grace which is firme and stable . if any man desire to know more of mans imbecillity , and misery since the fall , which is such ; that he can neither will nor doe any thing that is good , without gods speciall preuenting and assisting grace : ( a point which ouerthrowes the whole fabricke of arminianisme , which is founded vpon mans free-will . ) let him read the * first and second part of the homily of the misery of man. the homilies of * christs natiuitie , passion , and resurrection : the first homily on whitsonday : the first , second , and third part of the homily on rogation weeke : and the first part of the homily of repentance , where this point is so copiously handled , and aboundantly confirmed , that it needes no more dispute . hee that would further satisfie himselfe in the freenesse of our election , vocation , iustification , sanctification , and saluation , out of meere grace and mercy , without any desire , merits , will , or workes of our owne , or any thing foreseene in vs ; let him reade the foresaid homilies : together with * the first , second , and third parts of the homilies of saluation and faith : hee that would bee further and more fully instructed in the point of the sufficiency , value , worth , and merit of christs death , which was able and sufficient of it selfe to redeeme , not some , but all mankinde , though the effect and application of it belong not to all , but onely to the elect who alone haue faith for to apply it : let him reade all these forementioned homilies . for the point of perseuerance , if any desire more copious euidences for to cleare it : let him peruse the second part of those homilies , pag. 148. 209. 261. 262. 263. and there hee shall finde it prooued : that the spirit of god doth alwaies dwell in the hearts of the regenerate : ( and that dauid , solomon , noah , lot , and peter though they fell into grosse and 〈◊〉 sinn●● , yet they did not fall finally , nor totally from the state of grace . the cauils which haue bene raised against this point vpon some passages in the homilies , of falling from god. a i my selfe , b with others , haue formerly answered them in other books ; i therfore spare for to repeate them , since the now recited passages are sufficient for to cleere this point , & to euidence it to the world : that the arminian tenents are manifestly oppugned , yea , condemned ; not warranted by our homilies . these homilies were most of them penned and composed by the learned archbishop of canterbury , doctor cranmer afterwards a martyr . a short catechisme set foorth by king edward the 6. his authority , for all schoolemasters to teach , printed at london in latine per reginaldum woolfium 1553. and the same yeere in english , cum priuilegio , by iohn day , out of which i haue transcribed it verbatim , from folio 37. to 41. scholer . after that the lord 1 god had made the heauen and earth , hee determined to haue for himselfe a most beautifull kingdome , and holy common-wealth . the apostles and ancient fathers that wrote in greeke , called it ecclesia , in english a congregation or assembly ; into the which he hath admitted an infinite number of men , that should be subiect to one king , as their soueraigne and onely head : him wee call christ , which is as much as to say anointed , &c. to the furnishing of this common-weale belong all they , as many as doe truely feare , honour , and call vpon god , dayly applying their mindes to holy and godly liuing , and all those that putting all their hope and trust in him doe 7 assuredly looke for the blisse of euerlasting life . but as many as are in this faith stedfast , 1 were fore-chosen , praedestinat , and appointed to euerlasting life before the world was made . witnesse heereof , they haue within their hearts the spirit of christ , the author , earnest , 7 and vnfailable pledge of their faith . which faith onely is able to perceiue the mysteries of god : onely brings peace vnto the heart : onely taketh hold on the righteousnesse that is in christ iesus . master . doth then the spirit alone , and faith , ( sleepe we neuer so securely , or stand wee neuer so rechlesse or slothfull ) so worke all things for vs , as without any helpe of our owne to carry vs idle up heauen ? schol : i vse master ( as you haue taught me ) to make a difference between the cause and the effect . the 2 first principall and most proper cause of our iustification and saluation , is the goodnesse and loue of god , whereby he chose vs for his 1 before he made the world . after that , god granteth vs to 6 bee called by the preaching of the gospell of iesus christ , when the spirit of the lord is powred into vs : by whose garding and gouernance wee bee led to settle our trust in god , and hope for the performance of his promise . with this choyce is ioyned as companion , the mortifying of the olde man , that is of our affection and last . from the same spirit also commeth our sanctification , the loue of god , and of our neighbour , iustice , and vprightnesse of life . finally , to say all in summe , 4 whateuer is in vs , or may be done of vs , honest , pure , true , and good , that altogether springeth out of this most pleasant rocke , from this most plentifull fountaine , the 2 goodnesse , loue , choise , and 1 vnchangeable purpose of god , he is the cause , the rest are the fruits , and effects . yet are also the goodnesse , choise , and spirit of god , and christ himselfe , causes , conioyned and coupled each with other : which may bee reckoned among the principall causes of saluation . as oft therefore as we vse to say , that wee are made righteous and saued by saith onely ; it is meant thereby , that faith , or rather trust alone , doth lay hand vpon , vnderstand , and perceiue our righteous making to bee 2 giuen vs of god freely ; that is to say , by no deserts of our own , but by the free grace of the almighty father . moreouer faith doth ingender in vs loue of our neighbour , and such workes as god is pleased withall . for if it bee a liuely and true faith , quickned by the holy ghost , shee is the mother of all good saying and doing . by this short tale it is euident , whence and by what meanes wee attaine to bee righteous . for 2 not by the worthinesse of our deseruings , were wee either heretofore chosen , or long agoe saued , but by the onely mercy of god , and pure grace of christ our lord : whereby we were 6 in him made to doe these good workes , that god had appointed for vs to walke in . and although good workes cannot deserue to make vs righteous before god , yet doe they so cleane vnto faith , that neither faith can be found without them , nor good workes bee any where found without faith. and fol. 68. 7 immortality and blessed life god hath prouided for his chosen 1 before the foundations of the world were laid . this catechisme was published by king edward the 6. his authority , in the yeere 1553. being the next yeere after the composure and publishing of the articles of our church , which were first of all concluded vpon , in the yeare 1552. being onely reui●ed , not framed or new composed in the yeare 1562. from whence i collect , that this catechisme is fully agreable to the true sence and meaning of our articles , and may well bee taken , as a comment or explanation on our 16. and 17. articles : so that whatsoeuer is affirmed in this catechisme , is likewise affirmed by those articles . and if so , then it is more then euident , that our articles doe point-blanke oppugne the arminian mutabilitie of predestination : election from faith , or workes , or any thing else foreseene in vs , free-will , and vniuersall or sufficient grace , the totall and finall resisting of the worke of grace , and apostasie from the state of grace ; together with the truth of grace in reprobates , or castawayes : all which are euidently refuted and condemned by this catechisme as the figured passages will demonstrate . certaine questions and answeres touching the doctrine of predestination : printed by robert barker anno 1607. and bound vp , and sold with our english bibles . question . why doe men so much vary in matters of religion ? answere . because all haue not the like measure of knowledge , neither doe all beleeue the gospell of christ. qu. what is the reason thereof ? an. 7 because they only beleeue the gospel and doctrine of christ , which are 1 ordained vnto eternall life . qu. are not all ordained to eternall life ? an. 1 some are 3 vessels of wrath ordained vnto destruction , as others are vessels of mercy prepared to glory . qu. how standeth it with gods iustice , that some are appointed to damnation ? an. 3 very wel : because all men haue in themselues sinne , which deserueth no lesse : and therfore 2 the mercy of god is wonderfull in that he vouchsafeth to saue some of that sinnefull race , and to bring them to the knowledge of the truth . qu. if gods ordinance and determination must of necessitie take effect , then what neede any man to care ? for hee that liueth well , must needs be damned , if hee be thereunto ordained : and he that liueth ill must needes bee saued , if hee bee thereunto appointed . ans. not so : 6 for it is not possible , that either the elect should alwaies be without care to do wel , 4 or that the reprobate should haue any will thereunto . for to haue either good will or good worke , is a testimony of the spirit of god , 7 which is giuen to the elect onely , whereby faith is so wrought in them , that being graft into christ , they grow in holinesse to that glory , whereunto they are appointed . neither are they so vaine as once to thinke that they may doe as they list themselues , because they are predestinate vnto saluation : but rather they endeauour to walke in such good workes as god in christ iesus hath ordained them vnto , and prepared for them to be occupied in , to their owne comfort , stay and assurance , and to his glory . qu. but how shall i knowe my selfe to bee one of those whom god hath ordained to life aeternall . ans. by the motions of spirituall life , which belongeth 7 onely to the children of god : by the which that life is perceiued , euen as the life of this body is discerned by the sense and motions thereof . qu. what meane you by the motions of spirituall life ? ans. i meane remorse of conscience , ioyned with the loathing of sinne , and loue of righteousnesse : the hand of faith reaching vnto life eternall in christ , the conscience comforted in distresse , and raised vp to confidence in god by the worke of his spirit : a thankefull remembrance of gods benefits receiued , and the vsing of all aduersities as occasion of amendment sent from god. qu. cannot such perish as at some time or other feele these motions within themselues ? ans. 7 it is not possible that they should : for as gods purpose is not changeable , so hee repenteth not of the gifts and graces of his adoption : neither doeth hee cast off those whom he hath once receiued . qu. why then should we pray by the example of dauid , that he cast vs not from his face , and that he take not his holy spirit from vs ? ans. in so praying , wee make protestation of the weakenesse of flesh , which mooueth vs to doubt : yet should not wee haue courage to aske , if we were not assured that god will giue according to his purpose and promise , that which we require . qu. doe the children of god feele the motions aforesaid alwayes alike ? ans. no truely : for god sometime to prooue his , seemeth to leaue them in such sort , that the flesh ouermatcheth the spirit , whereof ariseth trouble of conscience for the time : yet the spirit of adoption is 7 neuer taken from them , that haue once receiued it : else might they perish . but as in many diseases of the body , the powers of the bodily life are letted : so in some assaults the motions of spirituall life are not perceiued , because they lie hidden in our manifold infirmities , as the fire couered with ashes . yet as after sickenesse commeth health , and after cloudes the sunne shi●eth cleare : so the powers of spirituall life will more or lesse be felt and percieued in the children of god. qu. what if i neuer feele these motions in my selfe , shall i despaire , and thinke my selfe a castaway ? an. god forbid : 6 for god calleth his , at what time he seeth good : and the instruments whereby he vsually calleth , haue not the like effect at all times : yet is it not good to neglect the meanes whereby god hath determined to worke the saluation of his . for as waxe is not melted without heate , nor clay hardened but by meanes thereof ; so god vseth meanes both to draw those vnto himselfe , whom he hath appointed vnto saluation , and also to bewray the wickednesse of them whom hee iustly condemneth . qu. by what meanes vseth god to draw men to himselfe , that they may be saued ? ans. by the preaching of his word , and the ministring of his sacraments thereunto annexed , &c. these questions and answers concerning predestination , which are full and punctuall to our purpose , were alwayes printed at the ende of the olde testament , and bound vp and sold cum priuilegio , with this authorized translation of the bible , till the yeare 1614. since which no bibles of this sort were printed . wee may therefore vse it as a pregnant testimony , and punctuall declaration of the doctrine of our church , in the particular points of controuersie hereafter mentioned . the synod of dort held in the yeares of our lord , 1618. 1619. at dort in the netherlands . i meane not to recite the seuerall articles and conclusions of this late famous synod , conuented by the pious care and prouidence of our late soueraigne king iames , at which the eminentest protestant diuines of most reformed churches were assembled , and among the rest siue selected english diuines ; to wit , dr. carlton , late bishop of chichester ; dr. dauenat , now bishop of salisbury ; dr. belcanquell , deane of rochester ; dr. samuel ward , publike diuinity professor in the vniversity of cambridge ; and doctor thomas goade ; who not onely as priuate men , but as representatiue persons of the church of england , subscribed the seuerall articles and conclusions there resolued : witnesse theologorum magnae britanniae sententia , in the acts of the synod at large : the little english synod of dort , and dr. ward his suffragium britannorum , to which i shall referre you with a bare quotation , they being obuious to mens hands , and tedious to transcribe . a coppye of a recantation of certaine errors , raked out of the dunghill of poperie , and pelagianisme , publiquely made by master barret of kayes colledge in cambridge the tenth day of may , in this present yeere of our lord , 1595. in the vniuersitie church , called saint maries in cambridge : which errors he ( together with maister ha●rsnet of penbrooke hall ) did rashly hold , and maintaine : translated ●ut of latine into english. anno. 37. elizabeth . preaching in latine not long since in the vniuersitie church , ( right worshipfull , ) many things slipped from me , both falsely , and rashly spoken , whereby i vnderstand the mindes of many haue beene grieued ; to the end therfore that i may satisfie the church and the truth which i haue publiquely hurt , i doe make this publique confession , both repeating , and reuoking my errors . first , i said , that no man in this transitorie world , is so strongly vnderpropped , at least by the certainetie of faith , that is , vnlesse ( as i afterwards expounded it , ) by reuelation , that hee ought to bee assured of his owne saluation . but now i protest before god , and acknowledge in my conscience , that they which are iustified by faith , haue peace towards god , that is , haue reconciliation with god , and doe stand in that grace by faith : therefore that they ought to bee certaine , and assured of their owne saluation , euen by the certaintie of faith it selfe . secondly , i affirmed that the faith of peter could not faile , but that other mens faith may : for ( as i then said ) our lord prayed not for the faith of euery particular man. but now being of a better , and more sound iudgement : ( according to that which christ teacheth in plaine words , iohn 17. 20. i pray not for these alone , ( that is , the apostles , ) but for them also which shall beleeue in me , through their word . ) i acknowledge that christ did pray for the faith of euery particular beleeuer : and that by the vertue of that prayer of christ , euery true beleeuer is so staied vp that his faith cannot faile . thirdly , touching perseuerance vnto the end , i said that that certainetie concerning the time to come , is proude , forasmuch , as it is in his owne nature contingent , of what kind the perseuerance of euery man is : neither did i affirme it to bee proud onely , but to bee most wicked . but now i freely protest , that the true , and iustifying faith ( whereby the faithfull are most neerely vnited vnto christ , ) is so firme , as also for the time to come so certaine , that it can neuer bee rooted vp out of the mindes of the faithfull , by any tentations of the flesh , the world , or the diuell himselfe : so that hee which once hath this faith , shall euer haue it : for by the benefit of that iustifying faith , christ dwelleth in vs , and wee in christ : therefore it cannot but be both increased , ( christ growing in vs daily , ) as also preseuere vnto the end , because god doeth giue constancy . fourthly , i affirmed that there was no distinction in faith , but in the persons beleeuing . in which i confesse that i did erre : now i freely acknowledge , that temporary faith , ( which as bernard witnesseth , is therefore fained , because it is temporary , ) is distinguished , and differeth from that sauing faith , whereby sinners apprehending christ , are iustified before god for euer ; not in measure , and degrees , but in the very thing it selfe . moreouer i adde , that iames doth make mention of a dead faith , and paul of a faith that worketh by loue . fiftly , i added , that forgiuenesse of sinnes is an article of faith , but not particular , neither belonging to this man , nor to that man : that is , ( as i expounded it , ) that no true faithfull man , either can , or ought , certainely to beleeue that his sinnes are forgiuen . but now i am of another minde , and doe freely confesse , that euery true faithfull man is bound by this article of faith , ( to wit , i beleeue the forgiuenesse of sinnes , ) certainely to beleeue that his owne particular sinnes are freely forgiuen him : neither doeth it follow hereupon , that that petition of the lords prayer ( to wit , forgiue vs our trespasses , ) is needlesse ; for in that petition , we aske not onely the guist , but also the increase of faith. sixtly , these words escaped me in my sermon , viz. as for those that are not saued , i doe most strongly beleeue , and doe freely protest that i am so perswaded against caluin , peter martyr , and the rest , that sinne is the true , proper , and first cause of reprobation . but now being better instructed ; i say that the reprobation of the wicked , is from euerlasting , and that that saying of augustine to simplician is most true , viz. if sinne were the cause of reprobation , then no man should be elected , because god doeth foreknow all men to bee de●iled with it . and ( that i may speake freely , ) i am of the sam● mind ; and doe beleeue concerning the doctrine of election , * and reprobation , as the church of england beleeueth , and teacheth in the booke of the articles of faith in the article of predestination . last of all , i vttered these words rashly against caluin a man that hath very well deserued of the church of god ; to wit , that he durst presume to lift vp himselfe aboue the high , and almighty god. by which words i confesse that i haue done great iniurie to that most learned , and right godly man : and i doe most humbly beseech you all , to pardon this my rashnesse : as also in that i haue vttered many bitter words against * peter martyr , theodore beza , ierome zanchius , francis iunius , and the rest of the same religion , being the lights and ornaments of our church : calling them by the odious names of caluinists , and other slanderous termes ; branding them with a most grieuous * marke of reproach : whom because our church doth worthyly reuerence , it was not meet , that i should take away their good name from them , or any way impaire their credit , or d●hort others of our cuntrey-men , from reading their most learned workes . i am therefore very sorry , and grieued for this most grieuous offence , which i haue publikely giuen to this most famous vniuersity , which is the temple of true religion , and sacred receptacle of piety ; and i doe promise , that ( by gods helpe , ) i will neuer hereafter offend in the like sort : and i doe earnestly beseech you ( right worshipfull , ) and all others to whom i haue giuen this offence , either in the former articles , or in any part of my said sermon , that you would of your courtesie pardon mee , vpon this my repe●tance . that the authoritie , and consequence of this precedent recantation may bee more fully manifested ; i will briefely relate , both the occasion , and the carriage of it . one maister barret of kayes colledge , preaching a concio ad clerum in saint maries church in cambridge , on the 29. day of aprill 1595. made bold to vent these then pelagian , and popish , but now both popish , and arminian tenents , which are here recanted : which gaue such generall offence vnto all the auditors , that on the 5. of may next following , about nine of the clocke in the fore-noone , hee was conuented for the publishing of these erronious tenents , and his reuiling of caluin , beza , peter martyr , luther , iunius , zanchius and others , before all the heads of the vniuersitie of cambridge : to wit , master doctor some , doctor duport , doctor goade , doctor tindall , doctor whitaker , doctor barwell , doctor iegon , doctor preston , maister chaderton , and maister clayton , thomas smith , the publique notary of the vniuersitie being there present ; who appointed him to appeare againe before them , at three of the clocke in the afternoone , at which time dr. duport being then vicechanceller , read openly certaine articles containing the positions which maister barret had broached in his foresaid sermon , alleaging these his assertions to bee * erronious , false , and opposite , to the religion receiued , and established in the kingdome of england , by publique and lawfull authoritie : to which articles he required maister barret to giue an answere : who confessed , that he had published in his sermon , the-positions comprised in the said articles , but with all , denied them to be contrary to the doctrine of the church of england . whereupon the vicechancellor and the forenamed heads , * entring into a mature deliberation , and diligently weighing and examining these positions ; because it did manifestly appeare that the said positions were false , erronious , and likewise manifestly repugnant to the religion receiued and established in the church of england ; adiudged and declared , that the said barret had incurred the penaltie of the 45. statute of that vniuersity , de concionibus : and by vertue and tenor of that statute they decreed and adiudged the said barret to make a publike recantation , in such words and forme as should bee prescribed vnto him by the vice-chancellor , and the said heads , or any three , or two of them ; or ese vpon his refusall to recant in this manner , to be perpetually expelled , both from his colledge , and the vniuersitie ; binding him likewise in an assumpsit of forty pounds to appeare personally vpon two dayes warning , before the said vice-chancellor , or his deputy , at what time and place they should require . afterwards this barret was re-summoned before the vice-chancellor , doctor goade , dr tindall , dr. barwell , and doctor preston , his assistants , who deliuered him this praecedent recantation in writing ; admonishing and peremptorily enioyning him on saturday following , being the 10. of may , immediatly after the clerum ended , to goe vp in person into the pulpit of saint maries , where hee had published these errors , and there openly in the face of the vniuersity , to read and make this recantation , which he did accordingly . not long after this palinodium , master barret , ( to shew that these positions are but a bridge to popery ) departs the vniuersitie , and gets beyond sea ; where he ( as bertius , and some other arminians since haue done ) turnes a professed papist : after this he returned into england , where he liues a laymans life , being still an open , dangerous , violent , and most pernicious and seducing papist , as some men of credit in these very termes haue informed me , who both know , and will auerre him to be such a one . this is the true relation and carriage of this recantation , which i haue taken verbatim out of a transcript of the vniuersitie register of cambridge , vnder the registers owne hand ; wherein all the passages of it are entred and recorded , for the benefit of posteritie . for the recantation it selfe , ( of which thysius , and * others make some mention ) it was fairely printed and published in queene elizabeths dayes , ( some copies of it being yet extant ) in the very selfesame words , and forme as here you see it . and that none may suspect it to be forged , or corrupted : i haue a transcript of it in latine , taken out of an originall coppy vnder master barets owne hand : which agrees verbatim with this english one , onely in this they differ : that our 17. article is at large recited in the latine coppy in the ende of the 6. section , wheras as it is onely named in the english. from this recantation , and the carriage of it ; it is cleerely euident ; that the vniuersitie of cambridge in those dayes , did vndoubtedly beleeue and mainetaine the now arminian heresies of the finall and totall apostasie of the saints : of vncertainety of saluation ; of election from faith , and reprobation from sinne foreseene . of a personall , not a reall difference , betweene temporary and true sauing faith : ( the points which barret recanted ) to be not onely false and erronious ; but likewise manifestly repugnant to the religion and doctrine , established and setled in the church of england , and to the 17. article : for so are the expresse words of the order , and articles recorded in the vniuersitie register : if they were thus euidently repugnant to them then ; i doubt not but they are so now : at leastwise in all cambridge mens repute , who will not ( at leastwise should not ) so farre dishonor their renowned mother , as to degenerate from her ancient orthodoxe and dogmaticall resolutions . these are the more ancient publike monuments , and euidences of our church , by which the subsequent conclusions now in issue must bee iudged . the seuerall figures inserted into them , and likewise placed in the margent , haue reference to the 7. anti-arminian positions following : the figure of ( 1 ) noting out such passages , as punctually confirme the first : the figure of ( 2 ) such clauses as euidently backe and proue the second of these assertions , and so euery figure successiuely , answers to its proper position . if then all these records which doe either really containe , or at leastwise , euidently declare , the ancient , established , and receiued doctrine of the church of england , giue punctuall euidence for these conclusions , oppugning the contrary arminian theses in terminis , or substance , as they doe ; this question will be then resolued : and our succeeding anti-arminian conclusions acknowledged the vndoubted doctrines of our church , without any more debate . hauing thus at large recited the seuerall grand-charters● and more eminent records and euidences which our church affords for triall of this weightie cause , i come now to apply them to the points in issue , which i shall distinctely lay downe in this ensuing antithesis . anti-arminianisme . the anti-arminian orthodox assertions , now incontrouersie ( which i shall proue to be the ancient and vndoubted doctrine of the church of england ) contracte themselues into these 7. dogmaticall conclusions . 1 that god from all a eternity , hath by his b immutable purpose and decree , praedestinated vnto life ; c not all , but onely a selected number of particular men , which d can be neither augmented nor diminished ( commonly called the e elect , inuisible , & true church of christ ) others hath he f eternally reprobated vnto death . 2 that the only mo●uing and efficient cause of election and praedestination vnto life is , g the meere good pleasure and grace of god , not the cōsideration of any h ●ore-seene faith , perseuerance , good wor●s , good will , good endeauours , or any other quality or condition whatsoeuer in the persons elected . 3 that though sinne be the i only cause of damnation , yet the sole and primarie cause of reprobation or non-election ( that is , why god doth passe by this man rather then another , why hee reiected esau , when he elected iacob : ) is k the meere freewill and pleasure of god : not the confideration or fore-sight of any actuall sin , infidelity , or finall impenitency in the persons reiected . 4 that there is not any such l free-will , or vniuersall , or sufficient grace communicated vnto all men , whereby they may repent , beleeue , or be saued if they wil themselues . 5 that christ iesus died m sufficiently for all men : ( his death being of sufficient merit to redeeme & saue them ) but primarily , & n effectually for the elect alone , for whome alone hee hath actually and effectually obtained remission of sinnes , and life aeternall . 6 that the elect doe o alwayes constantly obey , neither p can they finally or totally resist the powerfull and effectuall call and working of gods spirit in the very act of their conuersion : neither is it in their owne power , to conuert , or not conuert themselues , at that very time and instant when they are conuerted . 7 that the elect and truely regenerate ( who q alone are i●●ued with true iustifying and sauing faith ) doe constantly perseuere vnto the end ; and though they sometimes fall into grieuous sinnes , yet they r neuer fall finally nor totally from the habits , seeds , and state of grace . arminianisme . the whole erronious doctrine of arminianisme , ( which hath alwayes beene oppugned by the church of england from the beginning of reformation to this present ) may be reduced to these , 7. generall propositions . 1 that there is no absolute , nor irreuocable , but only a conditiona● and mutable decree of praedestination vnto life & death : and that , not of particular persons , but generally of all beleeuers , and vnbeleeuers ; so that the number of the elect and reprobate is not so certaine , but that it may be diminished or augmented . 2 that the consideration and foresight of faith , perseuerance , good works , and the right vse of grace receiued , are praerequited conditions , and efficient causes of election or praedestination vnto life : not gods free-grace , and mercy onely without respect to these , as to a cause . 3 that the originall , and proper cause of reprobation ( that is of its decree , not of its execution ) is the consideration and foresight of infidelitie , sin , & finall impenitency in the persons reiected ; not the meere free-will and pleasure of god. 4 that there is ●an vniuersal or sufficient grace deriued vpon all m●n since the fall of adam , by vertue of which they may repent , beleeue , and be saued if they will themselues . 5 that christ iesus died alike primarily and effectually for all men whatsoeuer , without any intent to saue any particular persons more then others , be they reprobates or elect : with a purpose to saue all men alike , vpon condition of beleeuing , which is suspended on their owne actuall power , not on christs actuall application of it to them by his spirit . 6 th●t it is in the power of men , either finally or totally to resist the inward call , and effectuall working of gods spirit in their hearts , in the very acte of their cōuersion , so that they may either withstand o● imbrace their conuersion at their pleasure . 7 that true iustifying faith is neither a fruit of election , nor yet proper vnto the elect alone , it being oft-times found in reprobates : and that the very elect by falling into sinne , both may , and doe fall finally and totally from the habits , seeds , and state of grace . these are the fundamentall , and maine points of difference that are now in question and dispute among vs : whether of these haue best right and title to the church of england ; which of them are her anciently receiued , approued , established , professed , and vndoubted doctrine , is the onely issue that we are now to trie , for the full and finall resolution of which grand , yet doubtlesse quaere ; i shall lay downe these three conclusions which euery man must subscribe to . first , that those of these contradictorie arminian and anti-arminian assertions , which are most consonant to , least variant from , and best warranted , or confirmed by , the articles of england , lambheht , and ireland ; the common-prayer booke , and homelies , of our church : and the cathechismes , and-recantation fote-recited ; must needs be the receiued , established , and professed doctrine of our english church . 2 secondly , that those , and those onely , of the here-recorded iarring positions , which were are at first commended and transmitted to our infant church , * by our religious and learned martyrs in the dayes of henry the viii who then subscribed them with their hands , and sealed them with their owne blood : which were afterward taught and planted in the grouth and reformation of our church , by our learned and eminent diuinity professors in the flourishing and religious raigne of king edward the vi. which were watered with the fruitfull showers of our blessed martyrs blood in the fire and fagot-regiment of queene● mary , through the malice and cruelty of blood-sucking , soule-staruing , and non-preaching prelates : and haue euer since growne vp and flourished in our spredding church , in the peaceable and happy raignes of queene elizabeth , and king iames of blessed memorie ; being alwayes publikely , constantly , vnanimously , professedly , and vncontrolablie entertained in both our famous vniuersittes ; taught in our diuinitie schooles ; iustified in our academicall disputes : preached in our pulpits ; maintained , propagated , and recorded to posteritie , as the vndoubted doctrine of our church ( not by some one or two vnorthodox ambitious , time-seruing , nouellizing , sycophanticall , or romanized diuines , who know no other passage to their owne secure vp-rising but by religions downefall , which they enterprise ) but by the streame & current , of all our classicall , orthodox , eminent & approued writers from the beginning of reformation to this present ; must needs be the hereditarie , legitimate , authorized , established , and professed doctrine of the church of england , and the vndoubted truth . 3 thirdly , that such of those tenents now in issue , which haue beene constantly oppugned , refelled , and disclaimed , yea , positiuely condemned● by all the fore-alledged articles ; common-prayer booke , homelies , cathechismes , recantation : and by all the learned and approued orthodox authors which our church hath nourished and produced from her first reformation to this instant : cannot bee deemed or adiudged the ancient , embraced , resolued , or vndoubted doctrine of our english church . these three infallible rules of tryall being thus praemised ; if i can now but proue , that the articles of england , lambheth , and ireland : the common-prayer booke and homelie of our church : the authorized cathechisme of edward the vi. the recantation of barret , &c. together with our renowned martyrs , vniuersities , diuinitie schooles , and professors , and the whole succession and series of all our orthodox and approued writers from the inchoation of reformation to this present ; haue alwayes constantly , professedly , and in direct and positiue tearmes , maintained , iustified , and patronized these seuen anti-arminian positions here recorded ; oppugning , reiecting , and manifestly condemning the seuen opposite arminian tenents as pelagian , popish , erronious , and euidently repugnant to the scriptures and dogmaticall resolutions of out church ; it m●st then be forthwith yeelded to me , and adiudged fo● me : that these anti-arminian , ( not their ad , uerse arminian ) assertions , are the ancient , approued , resolued , established , and professed doctrine of the church of england . and this by the helpe of god i come now to proue . for the first of these anti-arminian positions concerning the aeternity and immutability of election and reprobation ; the vnalterable , praecise & certaine number both of the elect ( the only true church of christ ) and reprobate , in regard of gods fore-knowledge and decree : and the election of certaine particular persons ; not of all beleeuers , nor yet generally of all men , in the grosse : it is directly , positiuely , and plainely taught , confirmed , and warranted ; by the fore-aledged 17. article of our church : by the articles of lambheth article 1. 3. by the articles of ireland , articles 12. 13. 14. 15. by the booke of common prayer , established by a act of parliament in our church : proposition first ; figure ( 1. ) ( signifying the first of these anti-arminian propositions to which it hath relation ) by the approued and b setled homelies of our church , figures ( 1. ) throughout their seuerall passages here recorded : by the cathechismes of king edward the vi. figures ( 1. ) by barrets recantation , and the synod of dort. arti. 1. 2. which are punctuall in it . adde wee to these publicke irrefragable and binding records , the expresse concurrent suffrages of three of our eminent and learned martyrs , ( whom laborious and studious master fox in his praeface to their workes , printed together at london 1563. by iohn day , which edition i here follow : hath truely stiled ; the cheife ring-leaders of the church of england : to wit , master william tyndale , in his paraeble of the wicked mommon , page 70. 77. 80. in his answere to master moores dialogue : page 250. 257. 268. 290. 292. in his answere to master moores second booke , cap. 3. 4. pa. 293. 294. answere to his third booke page 306. 307. answere to his fourth booke , cap. 10. page 329. and in his pathway into the holy scriptures page 380. master iohn frith , in his answere vnto rastals dialogue , page 10. in his declaration of baptisme , page 92. 93. and master doctor barnes , what the church is , page 248. that freewill of her owne strength can doe nothing but sinne , page 227. 278. 279. who maintained this assertion in these workes of theirs , and confirmed it with their blood in the dayes of henry the viii . oppugning and condemning the contrary . descend wee vnto edward the vi. his pious raig●e , here wee shall finde , c that learned doctor peter martyr , a man so eminent and famous in his age , that hee was chosen and setled diuinity p●ofessor in the famous vniuersity of oxford , my much honored , mother : both by the king and state , who sent for him from beyond the seas to this very purpose ) abundantly confirming this truth , and for all its fellow positions , and copiously refuting the opposite assertions , in his laborious and learned commentarie on the romanes , cap. 9. ( being nothing , else as himselfe professeth in his epistle dedicatorie , but the p●blicke lectures which he read in the vniuersitie of oxford , whiles hee was there professor ) tiguri 1559. pag , 682. to 740. and in his loci communes classis 3. cap. 1. sect . 10. to 40. d here we may meete with his learned and intire friend and fellow professor of diuinitie in the vniuersitie of cambridge , by the states especiall appointment , master martin bucer ( who concurred in all points of doctrine with him without the least dissent ) maintaining this , and ●ts associated positions ; repugning all the contrary , in his commentarie on rom. 8. 30. cap. 9. 11. to 23. cap. 11. 2. to 6. dedicated to our religious martyr archbishop cranmer ; and in sundry other of his workes : both of them planting this first , and all its subsequent anti-arminian conclusions in both our famous vniuersities ; who together with the whole church of england , ( as our learned a doctor whitakers heretofore , and our iudicious doctor ward of late , haue ioyntly testified ) haue euer since , from the very first restitution of the gospell to this praesent , euen constantly embraced , and defended them as the vndoubted truth and doctrine of our church . b here we may meete with the constant and godly martyr master hugh latimer . bishop of worcester , ( who so admired peter martyrs worth and labours , c that he openly requested king edward the vi. to giue him a thousand pounds , insteed of his hundred markes by the yeere ) concurring with him , and vs , in this our anti-arminian conclusion in his sermons . london 1584. fol. 311. 312. 325. 326. 327. here learned and pious master thomas beacon , diuinity professor in the vniuersitie , in his sicke mans salue , london 1680. page 271. to 275. 424. to 430. here godly and learned cranmer arch-bishop of canterburie , in our fore-mentioned . homelies , which were most of them penned and composed by him . here master iohn bradford , in his defence of praedestination ; in his treatise of praedestination and freewill : and in his briefe summe of the doctrine of praedestination and election , printed by rowland hall 1562. ( being the selfe-same yeere wherein our articles were cōposed : together with stephen garret , in his summe of the holy scripture , london 1547. cap. 4. 6. and 7. doe fully iumpe with vs in this conclusion , which most of them confirmed with their blood . descend we lower to queene elizabeths raigne : here we shall not onely meete with our 17. article , ( composed by peter martyr , and martin bucer their schollers , as d doctor whitakers informes vs : and therefore more likely to concurre with vs in all things , as their tutors did : ) but likewise with learned iohn veron his bookes , dedicated to queene elizabeth about the beginning of her raigne ; intituled , a sru●full treatise of praedestination , with an apologie or defence of the doctrine of praedestination , printed by iohn tisdale , london : where all our seuerall anti-arminian points are largely , learnedly , and punctually discussed and defended : with reuerend master nowell his authorized cathechisme , creed , third part , the holy catholike church , the communion of saints , and the forgiuenesse of sinnes : with the quaestions and answers vpon it : with laborious and charitable master iohn fox , in his renowned booke of martyrs edition 7. london 1596. page 1505. 1506. with robert hutton in his summe of diuinitie , london 1565. cap of praedestination , and of the church : with iohn daniel his excellent comfort to all christians , against all kinde of calamities , london 1576. cap. 27. of praedestination , and of glorification thereby : with master thomas palfryman one of her maiesties chapell , in his treatise of heauenly philosophie , london 1578. lib. 1. cap. 7. of the free election of god &c. page 74 to 103. with master iames price , his fanne of the faithfull , london 1578. epistle to the reader , cap. 1. that election is not generall , but particular and seuerall , cap. 2. that the elect were elected before the foundation of the world , and cannot finally perish , cap. 3. and 4. that the kingdome of heauen is not prepared , generally for all : that christ profitteth not the reprobate and vnbeleeuing for which his kingdome is not praepared● all punctuall to our purpose : with master edward dering lecture 9. on the hebrewes 2. ver . 9. lecture 10. on ver . 13. and lecture 27. master iohn northbrooke , in his poore mans garden , cap. 1. of praedestination , and reprobation : with master sparke , in his comfortable treatise for a troubled conscience , london 1580. master keilway , in his sermon of sure comfort , london 1581. page 23. to 27. with master gurney in his fruitfull treatise , betweene reason and religion , london 1581. page 38. to 47. with master iohn anwicke his meditations vpon gods monarchie , and the deuils kingdome , london 1587. cap. 6. 7. 10. 11. with bartimeus andreas , sermon 2. on canticles 5. london 1595 page 64. 65. 66. with master iohn smith , in the doctrine of prayer in generall for all men , london 1595. page 79. to 91. learned and ready doctor fulke , together with master cartwright : notes on the rhemish testament , on acts 27. sect . 3. on rom. 8. sect . 8. and 9. sect . 2. 3. 4. 5. on math. 3. sect . 7. cap. 13. sect . 3. cap. 22. sect . 2. and on iohn 15. sect . 3. learned master doctor william whitakers de ecclesia controuersia 2. quaest. 1. and cygnea cantio , cantabrigiae octobris 9. 1595. page 6. to 20. reuerend and learned doctor matthew hutton , archbishop of yorke , and formerly professor of diuinitie in cambridge , de electione & reprobatione commentatio , hardrouici 1613. to whom i might adde doctor whitgift arch-bishop of canterbury , with the rest of our diuines , who composed the articles of lambheth , and barrets recantation formerly mentioned . robertus somus de tribus quaestionibus , quaest. 1. and 3. doctor esteius oratio , de certitudine salutis , hardrouici per thysium 1613. doctor chaderton de iustificationis & fider perseuerantia non in●erscisa . doctor willet de praedestinatione , quaest. 1. 2. synopsis papism● , page 904. to 922. commentary on rom. 8. controuersie 16. to 21. cap. 9. contr. 7. to 12. cap. 11. contr . 1. 2. 3. master greenham graue councell and godly obseruations , in his workes , london 1612. page 36. 45. 122. treatlse of blessednesse , page 207. his 14. sermon page 255. godly instructions , cap. 53. page 764. a letter consolatorie page 878. 879. master william perkins his order of causes of saluation and damnation , in his workes , london 1612. tom. 1. page 76. to 114. an exposition on the creed , page 276. to 297. of gods free grace and mans free-will , page 723. a treatise of praedestination , tom. 2. page 606. to 641. an exposition on iude , tom. 3. page 316. master iohn hill , in his life euerlasting , cambridge 1601. booke 5. page 522. to 653. where all our arminians tenents are in terminis confuted . reuerend bishop babington , in his sermon at pauls crosse on iohn 6. 37. the 2. sunday on michaelmas terme , 1590. part 1. and 3. all these religious , eminent , authorized and learned wri●ers of our church haue vnanimously , successiuely , and vninterruptedly ( yea , most of them professedly , and in terminis , ) maintained and iustified this our first anti-arminian thesis , with all its following conclusions , as the orthodox truth and vndoubted doctrine of our church ; oppugning and copiously refelling its contrary arminian tenent as popish , romish , and pelagian ; during the whole raigne of queene elizabeth , not one authorized writer of our church so much as once dissenting from them for ought that i can finde : and shall wee now begin to quaestion , whether it be the doctrine of our church , or no ? descend we lower to king iames his raigne . and here with whom may we more fitly begin then with this our learned king himselfe , who in the first yeere of his raigne , in the praesence of sundry nobles praelates and deanes , * in the conference at hampton court , pag. 30. and 43. makes mention both of aeternall praedestination and reprobation : expresly aucrring , that praedestination and el●ction depend not vpon any qualities , actions , or workes of man which be mutable , but vpon god his aeternall and immutable decree and purpose : then which determination of his ( approued and applauded by all there present ) nothing can be more full and punctuall to our present conclusion : moreouer , hee likewise brands arminianisme , with the name of ( heresie ) arminians with the stile of atheisticall sestaries , and ( pestilent heretickes ) who dare take vpon them that licentious libertie to fetch againe from hell the * ancient haeresies long since condemned : or else to inuent new of their owne braine , contrary to the beliefe of the true catholicke church : ( a stigmaticall impresse which our arminians shall neuer be able to claw off againe , ) in his declaration against vorstius , london 1612. page 15. 19. 22. neere the middest of his peaceable raigne : and as if all this were not sufficient , in a priuate conference with two learned diuines not long before his death , now published by his speciall command , hee christened our armini●ans , with the name of * new pelagians : being thus , as you see , a professed enemie to them , and their opinions , both in the beginning , middle , and end of his most peaceable raigne : as his speciall care in conuenting the famous synod of dort , and his approbation of all their dogmaticall resolutions , super-added to these three former euidences , will at large declare . as this our learned king , and king of learning , thus constantly displayed himselfe against arminianisme in generall , & this our arminian error in particular : so all our learned writers of his age , a ( as men doe commonly conforme their iudgements to their princes tenents ) did b worth●ly suffragate to his , and these our anti-arminian conclusions : witnesse● our famous doctor reinolds : who alone was a well furnisht librarie full of all faculties , of all studies , of all learning : whose memorie , whose reading were neere to a miracle , as c one well obserues : in his thesis 4. in schola theologica tractata : nouember 2. 1579. sect . 23. to 27. and apologia thesium : sect . 12. to 23. londini 1602. being the first yeere of king lames his raigne : witnesse learned and scolasticall doctor field : of the church , booke 1 , cap. 3. 4. 7. 8. 10. booke 3. appendix , cap. 14. edit . 2. oxford . 1628. p. 33. master thomas draxe in his worlds resurrection , london 1609. pag. 2. 3. 23. 78. master trendall his arke against the dragons flood , london 1608. page 4. 6. master thomas rogers chaplein to archbishop bancroft in his analysis on the 39. articles , intituled , the faith , doctrine , and religion , professed and protected in the realme of england and dominions of the same : perused , and by the lawfull authoritie of the church of england , allowed to be publicke : proposition , 1. 2. 3. 4. on article 17. master turnball , sermon 1. on iude 1. 2. godly and painefull master samuel heiron in his spirituall sonneship 1. part of his workes , london 1620. page 365. to 372. learned doctor iohn white , in his way to the true church , london 1610 , digression 40. sect . 49. page 270. in his defence of the way , cap. 25. sect . 10. to the end , london 1624. page 128. to 138. sermon at pauls crosse , march 20. 1615. sect . 8. learned doctor robert abbot bishop of salisbury , and regius professor of diuinitie in the vniuersitie of oxford : in his diuinitie lecture in the vniuersitie schooles oxoniae , iuly 10. 1613. sect . 1. 2. 3. 4. in his other three lectures , 1614. and 1615. london 1618. animaduersio in thompsoni diatribam , cap. 5. master brightman on the reuelation , cap. 3. ve . 8. cap. 17. ver . 8. cap. 21. 27. master richard stocke : in his doctrine and vse of repentance , london , 1610. page 167. to 172. learned doctor benefield , late lady margarets professor in the vniuersitie of oxford , de sanctorum perseuerantia , lib. 2. cap. 18. 20. francofurti , 1618. page . 260. 261. learned doctor crackenthorpe , in his sermon of praedestination , preached at saint maries in oxford , london 1620. master thomas wilson , in his exposition vpon the romanes , cap. 9. ver . 11. 12. to 29. and cap. 11. ver . 5. 6. 7. 8. edition 2. london 1627. page 348. 380. 444. to 460. doctor iohn boyes , late deane of canterburie , in his exposition of the epistle on innocents day , and on psalme , 104. on whitsunday euening , in his workes ; london 1622. page 613. 614. 625. 941. master samuel crooke in his guide , edition 4. london 1625. section 4. 9. and 17. learned doctor ames in his coronis ad collationem hagiensem , lugduni batauorum , 1618. articulus 1. and 2. eminent and renowned doctor prideaux in his lecture , 1. iuly 6. in the vniuersity schooles at oxford , where hee then was , and now is , regius professor of diuinity : learned sir christopher sybthorpe in his friendly aduertisement , to the catholickes of ireland , dublin 1623. cap. 7. 8. page 153. to 214. master adams in his churches glorie , on hebr. 12. 23. page 65. to 90. master elnathan parre in his grounds of diuinitie , edit . 4. london 1622. page 281. to 309. master robert yarrow ; in his soueraigne comfort for a troubled conscience , london 1619 cap. 38. 29. page 352. &c. godly and learned master paul bayne , in his commentarie on ephesians 1. london 1618. page 64. to 256. doctor griffith williams , in his delights of the saints , london 1622. page 7. to 70. master iohn downame , in his summe of sacred diuinitie , lib. 2. cap. 1. page 283. to 310. cap. 6. page 399. master humphery sydenham , in his iacob and esau , or election and reprobation , preached at pauls crosse , march 4. 1622. london 1627. master iohn frewen , in his grounds of religion , london 1621. quaest. 13. page 278. 279. 280. learned doctor francis white , now bishop of norwitch , in his orthodox , london 1624. page 105. 108. and in his conference with fisher , page 49. to 55. godly and painefull master byfield , in his treatise of the pr●mises , cap. 13. page 386. 387. and in his exposition on the collossians cap. 3. ver . 12. page 75. doctor sclater sermon at pauls crosse , 1609. on hebr. 6. 4. 5. exposition on i. epistle of the thessalonians , cap. 1. ver . 5. page 39. 40. cap. 5. ver . 9. 10. page 438. to 455. ver . 24. page 556. 557. exposition on epistle 2. cap. 1. ver . 10. p. 53. 54. adde we as a corrollarie and conclusion to all these , the resolution of our eminent dort diuines : to wit , doctor carlton late bishop of chichester : doctor dauenat , now bshop of salisbury , doctor goade , doctor ward , lady margarets professor in cambridge , & doctor belcankwell deane of rochester , which concurres with this our position in terminis , condemning the contrary as crronious and haereticall , as the english synod of dort approued of by king iames , article 1. and 2. throughout . doctor wards suffragium brittanorum , london 1627. articulus 1. and 2. together with the synod it selfe , printed in folio , article 1. 2. theologorum magnae brittanniae sententia , doe at large declare . thus hath this our present position beene constantly maintained as the vndoubted truth and doctrine of our church , by all the fore-quoted authors , from the beginning of reformation to the present raigne of our gracious king charles , not one approued author of our church ( to my knowledge ) so much as once oppugning it . * how this assertion hath beene iustified as the receiued doctrine of out church since his maiesties happy raigne : the examination of master montagues appeale by reuerend bishop carlton , cap. 3. 4. with the ioint attestation of him and all our fore-named dort diuines , thereto annexed vnder all their hands , page 26. doctor ward his s●ffragium brittanorum , & concio ad clerum london 1627. bishop dauenate his expositio epistolae pauli ad collossenses , cantabrigiae , 1627. page 117. 118. 119. 171. 173. 390. 391. doctor goade , and doctor daniel featly , in their pelagius rediuiuus parallel . 1. sect . 3. 5. parallel 2. sect . cap. 2. 1. doctor featly in his 2. parallel , london 1626. page 1. to 20. master henry burton , in his plen to an appeale , page 39. to 60. and in his truth triumphing ouer trent . london 1629. cap. 17. master yates , in his ibicad caesarem , cap. 8. 9. 10. master wotton in his dangerous plot discouered , cap. 20. master francis rouse , in his doctrine of king iames. page 1. to 25. and my owne perpetuitie of a regenerate mans estate , edit . 2. page 6. to 23. can * abundantly testifie since therefore this first anti-arminian position hath beene alwayes thus constantly , vnanimously , and vncontrolably maintained by all those seuerall martyrs , praelates , doctors , and approued writers ; in all the successiue raignes of these 6. english monarches , from the beginning of reformation to this present , oppugning its opposite arminian thesis , as erronious , and repugnant to the receiued doctrine of our english church , we may safely embrace it , yeaestablish it as the vndoubted doctrine of the church of england . for the second of these anti-arminian positions , touching the freenesse of gods election , and its in-dependancy on faith , or will , or workes , or perseuerance , or endeauors , or any other condition , or praeuious disposition in the persons elected : it is vndoubtedly and manifestly warranted , by the expresse words of our 13. and 17. articles . of the 2. article of lambheth : of the 14. article of ireland : of our common-prayer booke , and homelies : of the fore-cited cathechisme and quaestions , figures 2 which haue all relation to it : of the synod of dort. article 1. and of barrets recantation in the latine coppie , section 6. where our 17. article is verbatim recited . to these i shall adde the concurrent , plenary and copious attestation * of master william tyndall martyr , in his parable of the wicked mammon , page 70. 75. 78. 80. 88. 90. in his answere to master moores dialogue p. 259. answere to his 2. booke , cap. 3. page 293. answere to his 4. booke , cap. 10. page 329. cap. 11. page 331. 332. 337 , in his pathway into the holy scriptures , page 380. and in his exposition on the first epistle of iohn , cap. 3. page 410. 412. cap. 4. page 416. 417. 419. of master iohn frith martyr , in his mirrour to know thy selfe , page 84. 85. in his declaration of baptisme , page 92. 93. of doctor barnes a learned martyr , in his treatise , what the church is , page 246. and that free-will of her owne strength can doe nothing but sinne , page 274. 277. 278. 279. of master iohn harrison in his yet about at the romish fox , zuricke 1543. in the dayes of king henry the viii . * of learned peter martyr once professor of diuinitie in the vniuersitie of oxford , commentarie on the romans 8. page 532. 533. 534. c. 9. page 700. to 714. in cap. 11. page 869. and loci communes classis 3. cap. 1. sect . 11. and 16. to 27. of famous martin bucer once diuinitie reader in the vniuersitie of cambridge , commentarie on romans 9. ver . 11. to 27. and on rom. 11. 4. 5. 6. of master hugh latimer martyr , bishop of worcester , in his sermon on the third sunday after epiphanie , fol. 312. and on the sunday called septuagesima fol. 325. 326. 327. of a booke intituled the summe of holy scriptures , by stephen garret ( as most suppose ) printed 1547. in the 2. yeere of king edward the vi. cap. 6. of thomas beacon a diuinitie professor , afterward a martyr , in his sickmans salue , london 1580. page 412. 413. 414. of learned master iohn hooper bishop and martyr , in his declaration of the 10. commandements , epistle to the reader , written nouember 5. 1549. london 1588. of master iohn bradford martyr , in his briefe summe of the doctrine of election and praedestination , a punctuall treatise to our praesent purpose , and in this letter recorded by master iohn fox in his booke of martyrs , page 1505. col. 1. * of iohn carelesse , and master woodman godly martyrs , master fox in his martyriologe , london 1596. page 1742. col. 2. l. 40. 60. and page 1809. 1810. col. 1. in the dayes of persecuting queene mary . * of master iohn veron , in his fruitfull treatise of praedestination , and his apologie for the same , dedicated to queene elizabeth . of master iohn fox in his martyriologe , page 1505. 1506. of reuerend deane nowel , in his cathechisme on the creed , why we call god father , and of the holy catholicke church . of master thomas palfryman treatise of heauenly philosophy , lib. 1. cap. 7. of master robert caundish , in the image of nature , and grace , fol. 8. fol. 45. to 57. cap. 9. fol. 100. to 110. of master iames price his fanne of the faithfull , epistle to the reader , and cap. 1. 2. 14. of master robert hutton summe of diuinitie , lond●n 1565. cap. of grace and of praedestination . of godly master edward deering lecture 9. and 27. on the hebrewes . of master iohn north-brooke , the ●●ore mans garden , cap. 1. and 18. of master arthur g●rney , a fruitfull dialogue betweene reason and religion , fol. 39. to 47. of master a●wicke his meditations vpon gods monarchie , and the deuils kingdome , cap. 6. 7. of incomparable m hooker discourse of iustification . sect 29● of master anthonie anderson . a goldly seemon of sure comfort , page 23. to 27. of master thomas sparkes , his confortable treatise , how a man may be assured in his owne conscience of his ●lection . of reuerend bishop babington sermon at pauls crosse 1590. part 1. and 3. of profound and rea●● doctor fulke , * that hammer of haer tickes and ch●mpion of truth : together with master thomas carth w●●ght notes on rom. 9. sect . 2. 3. 5. and on 2. peter● . sect . 2. of bartim us andreas sermon 2. on 〈◊〉 5. page 64. 65. 66. of learned doctor mathew ha●●on 〈◊〉 ●●shop of yorke , de electione & rep●obatione commentatio : to whom i might adde reuerend doctor whitgift arch-bishop of canterburie , and all those other learned praelates , doctors , and graue dr●ines , who composed the articles of lambet● , an● barrets recantation , fore-ci●ed . o solid doctor whitakers * whom no man euer 〈…〉 rence , or heard without wonder . c●gnea cantio page 2 to 18. of profound master william perkins . of the order and causes of election and reprobati●n● cap. ● 〈◊〉 51. tom 1. page 16. 95. to 114. ●xpositio● 〈◊〉 creed , page 277. to 299. a treatise of 〈◊〉 tom. 2. page 606. to 641. exposition on lude , 〈◊〉 page 516. 517. of master greenham . a treatise of 〈◊〉 sednesse , page 207. of doctor robert some 〈◊〉 of praedestination , and tractatus de tribus qua●t●on●bu● quaest. 1. and 3. of master iohn hill life euerla●●●●● 〈◊〉 page 526. 527. 528. in the raigne of blessed elizabeth 〈◊〉 our late learned soueraigne k. iames. conferēce at hāto● court , page 43. where his maiestie expresly deliuereth his royall resolution of this point in these puctuall ●earmes : praedestination and election , depends not vpon any qualities , actions , or workes of man , which be mutable , but of gods eternall and immutable decree and purpose : in which resolution hee constantly continued till his death ; as his commentary on the lords prayer , and the reuelation : his declaration against vorstius , his approbation of the synodicall resolutions , and conclusions at dort , and his conference with two of our english diuines , about a month before his death , newly published by doctor daniel featly , page 31. 32. will fully euidence . of laborious and learned doctor willet commentarie on rom. 8. controuersie , 16. 17. 18. cap. 9. controuersie 7. 8. 10. cap. 11. controuersie 3. synopsis papismi , page 881. 904. to 908. 918. to 922. of eminent and incomparable doctor reinolds thesis , 4. and apologia thesium , sect . 14. to 23. of master thomas bell in his downefall of poperie , london 1608. article 5. page 61. in his catholicke triumphe , london 1610. cap. 9. page 244. to 448. of learned doctor robert abbos , late bishop of salisburie , lectura 1. de gratia & perseuerantia sanctorum , sect . 3. de veritate gratia christi , iuly 8. 1615. sect . 12. to the end . octobris , 15. 1615. sect . 5. 6. 7. 8. oratio 4. eodem anno octobris 29. sect . 6. animaduersio in thampsoni diatribam , cap. 4. 5. of master thomas rogers analysis on the 17. article proposition 5. of doctor field , of the the church , lib 1. cap. 1. to 7. of master samuel hieron abridgement of the gospell in his workes , part 1. page 104. 105. the worth of the water of life , page 203. 204. the spirituall son-ship , page 370 371. of doctor iohn white way to the true church digressio 41. sect . 43. 44. 45. 49 defence of the way , cap. 21. 25. 38. sect . 6. 10. to 16. sermon at pauls crosse , sect . 8. of doctor francis white , now bishop of norwitch in his orthodox , cap. 8. of doctor crakenthorpe in his sermon of praedestination . of doctor ames coronis ad collationem hagiensem artic. 1. and 2. of doctor griffith williams delights of the saints , part 1. page 68. 69. 70. 93. or doctor sclater sermon at pauls crosse 1●09 . an exposition on the thessalonians lately published , cap. 5. v. 9. 10. page 438. to 455. on epistle 2. cap. 1. ver . 11. page 67 cap. 2. verse 13. page 178. to 190. of master elnathan parre grounds of diuinitie , edit . 4. page 285. to 341. of master draxe , in his wolds resurrection , page 3. 78. 110. of master samuel crooke guide to godlinesse , sect . 4. and 17. of mast 1 iohn downame summe of diuinitie lib. 2. cap 1. and 6. of master paul baine commentarie on ephesians 1. page 71. to 150. where this point is largely handled . of master elton and master randall in their sermons on romans 8. 29. 30. of doctor boyes whit●unday euening prayer page 940. to 944. in his workes . of master robert yarrow soueraigne comfort for a troubled conscience , cap. 28. to the end of cap. 36. of doctor benefield de sanctorum perseuerantia , lib. 2. cap. 18. 20. of master humfry sydenham , his iacob and esan● preached at pauls crosse 1622. part 1. of sir christopher sybthorpe , in his friendly aduertisement to the praetended catholi●kes of ireland , cap. 7. 8. of eminent and acute doctor prideaux lecture oxontae in comitijs , anno 1616. de absoluto decreto . of master nathaniel bifield in his treatise of the promises , cap. 11. 13. exposition on the colossians , cap. 3. ver . 12. page 74. 75. of master thomas wilson exposition on romans 9. ver . 11. 12. of incomparable doctor * vsher , now arch-bishop of armagh , and primate of ireland , his answere to the iesuites challenge of free-will , page 464. to 492. with all our famous dort diuines , synod of dort arcicle 1. i● the raigne of famous king iames. ● o● reuerend and learned bishop carlton examination of master mountagues appeale , cap. 3. 4. of learned doctor dauenat bishop of salisburie , expositie epistolae ●aul● ad colossenses , cap. 3. ver . 12. page 390. 391. of solid doctor ward , concio ad clerum cantabrigiae , ian. 12. 1625. page 30. to 33. of acute doctor featly , his 2. parallel , page 1. to 14. and in his and doctor thomas goads ioint pelaguos rediuiuu● . of master henry burton plea to an appeale , page 39. to 71. truth triumphing ouer trent , cap. 17. of doctor iohn bastwicke , elenchus religionis papisticae , cap. 8. 9. and 11. of master yates ibis ad caesarem , part 1. cap. 6. 7. 8. 10. 18. part 2. cap. 1. 2. 3. of master wotton , a dangerous plot discouered , cap. 19. 20. of master francis rouse . the doctrine of king iames , page 1. to 25. of master richard scudder the christians daily walke , edit . 2. london 1628. page 431. 439. 613. 615. master william pemble in his vindiciae gratiae , page 38. to 44. of master thomas vicars in his pusillus grex , oxoniae 1627. of m. richard bernard rheemes against rome , p. 311. 312. of master iohn barlow exposition on the 2. tim. 1. 9. and cap. 2. 19. 20. 21. of doctor sclater exposition on the epistles to the thessalonians sore-cited . all these most reuerend , eminent and learned martyrs , praelates , doctors , diuines , and writers of our church , in these their seuerall workes and ages , haue punctually and copiously concurred in the vnanimous defence and confirmation of this our second anti-arminian conclusion , oppugni●g , refuting , the contrarie arminian position , as pelagian , semi-pelagian , popish , arminian , erronious , and opposite to the receiued doctrine of our church , not one authorized author , or orthodox writer of our church , so much as one dissenting from them : therefore we may vndoubtedly receiue it , declare it , and adiudge it , as the established ; resolued , and professed doctrine of our english church . the third of these fore mentioned anti-arminian conclusions ; touching the absolutenesse , immutabili●ie , and impulsiue or primarie cause of the decr●e ( not of the act or execution ) of reprobation or non-election , is necessarily implied and raised from our 17. article , as * doctor whitakers and others haue obserued : it is fully warranted and proued by the 1. and 4. articles of lambeth , which well explaine our 17. article in this point , as learned * doctor prideaux hath obserued ; by the 11. 12. and 14. articles of ireland : by our fore-named homelies , figures ( 3 ) by the cathechisme of praedestination figures ( 3 ) by the synod of dort , articles 1. 2. and by the expresse wor●s of barrets recantation , composed by the vniuersitie he●ds of cambridge , section 6. where our 17. article is likewise quoted for to warrant it . * our learned godly martyrs in the regiment of king henry the viii . haue suffraged to this tenent , witnesse master vvilliam tyndalls parable of the wicked mammon , page 80. col. 2. answere to master moores fourth booke , cap. 10. page 329. master iohn frith , a mirrour to know thy selfe , page 84. and learned doctor barnes , that freewill of her owne strenth can doe nothing else but sin , page 270. 271. 274. 276. to 283. where this point is largely handled . * our learned diuinitie professors in king edwards dayes are full and copious in this point , witnesse peter martyr in his comment . in epist. ad romanos , cap. 9. tiguri 1559. page 697. 718. and locorum communiuns classis , 3. cap. 1. sect . 15. 28. to 32. 36. ( * being lectures read in the uniuersitie of oxford by king edwards appointment , and earnestly desired by diuers of the vniuersitie for the presse , as himselfe records in his epistle dedicatorie ) together with master martin bucer in his commentarie on the selfesame chapter , ver . 11 to 24. whence eminent doctor vvhitakers in his cygnea cantio , pa. 15. informes vs : that peter martyr , and martin bucer , of honourable memorie , did professe this doctrine of absolute and irresp●ctiue reprobation , in both our famous vniuersities , and that our church , which was most abundantly watered with the fountaines of these two eminent diuines , in the dayes of king edward the vi ●●d alwayes hold it since the restitution of the ghospell to her . this then was the receiued doctrine of our church in king edwards dayes ; as our 17. article which was then composed ; together with our homelies forequoted will euince ; there being no approued writer of our church now extant , that did oppugne it in that age : and should we begin to doubt it now ? if any obiect that master iohn bradford in his summe of the doctrine of praedestination and reprobation ; affirmes , that our owne wilfulnesse , sinne , and contemning of christ , are the cause of reprobation , therefore this doctrine was not then so generally receiued : i answere , first , that master bradfords explanation of himselfe in the subsequent li●es will take off this obiection : for he informes vs , that he speakes only of the second cause of reprobation ( that is of the execution , not of the decree of reprobation ) which is onely sinne , not of the first cause of it , ( the thing we haue now in quaestion ) which we cannot comprehend , it being the vnsearchable will of god , which we should not search into , further then god doth giue vs leaue in his vvord . secondly , that master bradford speakes this onely to silence reprobates and damned men , aduising them to looke first vpon their owne sinnes which bring damnation and gods hatred on them , not vpon gods secret decree of reprobation , which as it doth not impose a necessitie of sining vpon men , so it neuer brings da●●ation on them but for sinne : m. bradford then speaking only of the actuall execution of reprobation , not of the decree it selfe : of the secondary cause of it , not of the first , which is onely the vnsearcheable will of god , makes wholy for our present tenent , not against it . the selfe-same answere may be giuen to that of bishop hooper in his epistle to the christian reader . praefixed before his declaration of the commandements , where he writes thus : the cause of reiection or damnation is sinne in man , which will neither receiue the promise of the gospell , &c. where reiection , is put , for the execution of reprobation , or actuall damnation , ( as this disiunctiue or explanatorie coniunction or the cause of reiection or damnation ) and this marginall note : the cause of damnation in man ; annexed to it , due infalliblie demonstrate : of which euery man doth readily acknowledge sinne to be the onely cause : not for the decree of reprobation , which hath no other primarie moouing or impulsiue cause , but gods meere will and pleasure : these writers then make wholy for vs , not against vs , if rightly vnderstood . this was the constant tenent and resolution of our eminent diuines in queene elizabeths dayes , witnesse iohn veron his fruitfull treatise of praedestination , and the apologie for the same : where it is largely proued , all obiections and cauils against it , being there fully answered : witnesse master iohn fox his martiriologe , page 1506. line 50. master thomas palfryman treatise of heauenly philosophy , cap. 7. master iames price his fanne of the faithfull , cap. 1. 3. 10. 11. 12. 13. 14. master iohn north-brooke his poore mans garden , cap. 1. master arthur gurney his fruitfull dialogue betweene reason and religion , fol. 38. to 42. master anwicke his meditations of gods monarchie and the deuils kingdome , cap. 6. 7. learned doctor fulke , and master cartwright answere to the rhemish testament notes , on rom. 9. sect . 2. 3. 5. master edward deering on the hebrewes , lecture 9. reuerend and godly bishop babington sermon at pauls crosse 1590. part 1. and learned matthew hutton arch-bishop of yorke , de electione & reprobatione commentatio : together with arch-bishop whitguift , and all those learned praelates , doctors , and diuines , who composed the assertions of lambheth and barrets recantation . iudicious and solid doctor vvhitakers , in his cygnea cantio , page 3. to 18. master vvilliam perkins his treatise of the order of causes of election and reprobation , cap. 7. 50. 51. tom. 1. page 16. 95. 114. his exposition on the creed● p. 277. to 299. and treatise of predestination . tom. 2. page 608. to 641. his exposition on the epistle of iude , ver . 4. tom. 3. page 516. 517. and master iohn hills life euerlasting , lib. 5. p. 599. to 612. where this our praesent assertion is punctually maintained . * of learned king iames himselfe , meditation on the lords prayer , and conference at hampt●n court , page 30. 43. of doctor robert abbot late bishop of salisbury , and diuinity professor in oxford , oratio quarta , de veritate gratiae christi , october 1615. sect . 6. of doctor iohn vvhites way to the church , digression 41. sect . 44. 45. 49. and defence of the way , cap. 25. sect . 10. to the end , where this point is learnedly handled . of doctor francis vvhite , now bishop of norwitch , in his orthodox , cap. 8. paragraph , 1. 2. of doctor crackenthorpe , in his sermon of praedestination . of doctor vvillet in his commentary on romans 8. controuersie , 16. cap. 9. controuersie , 7. 9. 10. 11. and synosis papismi page 881. 882. 913. 920. of doctor field of the church-booke 1. cap. 4. of doctor ames coronis ad collationem hagiensem , articulus 1. and 2. of doctor benefield de perseuerantia sanctorum , lib. 2. cap. 18. 20. of doctor prideaux de absolut , decreto lectura 1. of master thomas vvilson exposition on romans cap. 9. v. 11. 12. to 27. and cap. 11. ver . 7. of master thomas rogers analysis on the 17. article , proposition 4. and 5. of master samuel crooke in his guide ●ect . 4. and 9 of master elnathan . parre gro●●ds of diuini●● page 211. to 309. of master paule ●ayne commentarie on ephesians 1. page 20. 118. of master thomas d●axe in hi● worlds resurrection page 3. 78. of master downame in his summe of diuinitie , booke 〈◊〉 cap. 1. page 283. to 311. of master christopher sybthorp● his friendly admonition to the praetended catholikes of ireland , cap. 7. 8. where this point is excellently handled . of doctor griffith vvillams his delights of the saints page 7. 8. 9. 92. 93. of master humfrey sydenham in his iacob and esau , or election and reprobation● preached at pauls crosse : and of our eminent dort diuines synod of dort. article 1. and 2. in the dayes of our late king iames. * of doctor william sclater his exposition vpon the first epistle to the thessalonians , cap. 5. ver . 9. 10. page 447. 448. on epistle 2. cap. 1. ver . 11. page 68. 69. cap. 2. ver . 13. page 183. of master henry scudder in his christians daily walke , cap. 15. sect . 3. page 432. to 438. of doctor iohn bastwicke , elenchus religionis papisticae , cap. 9. page 194. to 198. of reuerend bishop carlton examination of master mountagues appeale , cap. 2. 3. of master henry burton his plea to an appeale , page 46. to 65. and his truth triumphing ouer trent , cap. 17. of bishop dauenate , expositio in epist. pauli ad coloss. page 171. of master francis rouse , his doctrine of king iames. p. 1. to 20 of doctor ward , in his concio ad clerum , page 37. 38. of master iohn yates ihis ad caesarem . cap. 1. 2. 7. in the raigne of our now soueraigne king charles . all these i say , doe fully suffragate to this our third anti-arminian conclusion , not one authorized or approued writer of our church ( that euer i could meete with ) so much as once oppugning or contradicting any of them : therefore wee may embrace it , as the vndoubted truth and doctrine of our church . hee that desires to see more of this point ; let him reflect vpon all the bookes and authors fore-quoted in the first and second praecedent positions , a which will plentifully instruct and satisfie him in it . for the fourth of the recited anti-arminian dogmaticall propositions , against vniuersall and sufficient grace ; or in plaine tearines , against naturall free-will it selfe ( for this prae●ented grace in truth and substance , is no other since grace is proper and peculiar vnto some , and nature onely alike indifferent & common vnto all men , b as this vniuersall grace is ) it is directly iustified and backed by our 9. 10. 13. & 17. articles , by the expresse words of the 7. 8. and 9. articles of lambheth , by the 15. 25. 26. and 32. articles of ireland : by our common prayer booke passages here recited p. 18. 19. 20. position 2. which are full and punctuall to this purpose , by our fore-registred homelies , and cathechismes figures ( 4 ) by the synod of dort article 3. 4. adde wee to these master william tyndal prologue on numbers page 16. prologue on the romans , p. 41. parable of the wicked mammon , page 65. 70. 74. 90. the obedience of a christian man , page 162. an answere to master moores third booke , page 306. answere to his fourth booke , cap. 2. page 321. cap. 10. page 328. 329. 337. a pathway into the holy scriptures page 380. 381. 382. 384. exposition on the first epistle of iohn . cap. 2. page 401. cap. 4. page 416. 417. master iohn prith , a mirror to know thy selfe , page 83. 84. 45. doctor barnes , that free-will of her owne strength can doe nothing but sinne , page 266. to 280. master iohn harrison , yet a cause at the romish fox , fol. 61. 62. 63. in king henry the viii . his raigne * stephen garret , the summe of the scripture , cap. 7. printed 1547. peter martyr , loci communes , classis 3. cap. 1. sect . 29. 38. to 48. commentarius in romanos , 5. p. 323. 328. 329. 330. in cap. 9. page 720. to 730. in cap. 11. page 797. 965. 966. martin b●●er commentarie vpon iohn 5. ver . 44. on rom. 5. the latter end of the chapter , and on rom. 9. master hugh latimer bishop of worcester , sermon 3. on the lords prayer , fol. 134. b. master iohn bradford treatise of election and free-will : bishop hooper a martyr , epistle to the reader before his declaration of the tenne commandements , which place makes wholy for vs if rightly vnderstood . master beacon his sicke mans salue , page 290. master richard caundish his image of nature and grace , cap. 1. 5. 8. 10. where this point is largely handled . master nowels catechisme on the creed , part 1. master iohn veron his fruitfull treatise of praedestination , fol. 66. to 85. 110. 111. 112. his apologie for the same , fol. 25. to the end . master thomas palfryman treatise of heauenly philosophie , cap. 7. 8. master iames price his fanne of the faithfull , epistle to the reader , and cap. 1. 3. master edward deering on the hebrewes lecture 10. 14. master robert hutton his summe of diuinitie , of free-will . master iohn north-brooke his poore mans garden , cap. 1. 4. 5. 6. doctor sparkes against albines , cap. 17. page 165. and his comfortable treatise for a troubled conscience the 4. first leaues . bartimeus andreas sermon 2. on the canticles , page 64. to 70. master iohn daniel his excellent comfort to all christians , cap. 2. 3. 4. 5. 7. master iohn anwicke his meditations vpon gods monarchie , and the deuils kingdome , cap. 6. 7. 10. 11. master arthur gurney his fruitfull dialogue betweene reason and religion , fol. 13. to 45. learned doctor william whitakers , aduersus vniuersalis gratia assertores praelectio habitae , februarij 27. anno domini 1594. c●ram honoratissimis comitibus essexio , salopiensi , rutlandiensi : illustrissimis baronibus dd. montioy , burrowes , compton , sheafield , riche : ornatissimis equitibus guil. bowes , carolus candish , robertus sydney , georgio sauil , & multos generosos , on 2. tim. 2. 4. hardouic● per thysium 1613. reuetend bishop babingtons sermon at pauls crosse 1591. on iohn 6. 37. part 1. doctor fulke and master cartwright , answere to the rhemish testament , notes on 1. tim. 2. sect . 3. on rom. 7. sect . 7. 8. on rom. 9. sect . 3. 7. and sundrie other places : doctor fulkes defence of the english translations against martin , cap. 10. mathew hutton arch-bishop of yorke , de electione & reprobatione commentatio . doctor some tractatus de tribus quaestionibus , quaest. 1. 2. master greenham his 14. sermon page 355. godly instructions , cap. 50. sect . 16. page 757. master william burton his dauids euidence sermon 4. on psal. 4. 12. london 1596. page 83. to 88. master iohn smith his doctrine of generall prayer for all men . master william perkins of the order of causes of saluation and damnation , cap. 54. tom. 1. page 107. 112. an exposition on the creed , page 293. to 299. of gods free grace , and mans free-will , page 728. to 743. babylon the praesent church of rome , point 1. page 558. to 561. commentarie on galathians 3. tom. 2. page 249. 250. cap. 5. page 327. 338. a treatise of praedestination , page 621. to 642. exposition of christs sermon on the mount , tom. 3. page 117. 118. 187. 219. 230. 242. 243. commentarie on hebr. 11. tom. 2. 3. page 165. 166. exposition on the reuelation , c. 2. ver . 7. page 280. 281. on cap. 3. ver . 4. page 333. 334. where this point is fully and excellently discussed . doctor iohn hill life euerlasting , booke 4. quaest. 4. 5. page 348. 349. 350. in the raigne of queene elizabeth . * doctor reinolds apologia thesium , sect . 12. to 23. doctor andrew willet in his excellent treatise de gratia vniuersali , where this point is purposely debated : in his synosis papismi page 881. to 918. commentary on rom. 5. quaest. 38. 39. and controuersie 23. master francis trigge his true catholicke , cap. 1. page 27. to 44. doctor abbot bishop of salisbury in his seuerall lectures de veritate gratia christ● , against arminius and his followers , read in the diuinitie schooles of oxford , whiles hee was there regius professor , london 1618. page 15. to 82. master thomas rogers analysis on article 10. proposition 1. 2. 3. master samuel heirons abridgement of the gospell page 157. 158. master stocke , the doctrine and vse of repentance , page 169. to 171. master paul baynes commentary on ephes. 1. page 352. to 380. doctor iohn whites way to the church , digressio 41. 42. defence of his way , cap. 25. sect . 10. 15. 16. 17. sermon at pauls crosse , section 8. doctor francis white bishop of norwitch in his orthodox , cap. 9. page 106. 107. 108. doctor field of the church , booke 1. cap. 4. doctor ames coronis ad collationem hagiensem article 2. 3. doctor crakenthorpe in his sermon of praedestination . doctor doue bishop of peterburrow in his sermon against vniuersall grace , on 1. tim. 2. 4. where he confutes huberus . doctor prideaux lectura 3. & 4. de gratia vniuersali . doctor benefield de sanctorum perseuerantia , cap. 18. 20. doctor griffith williams , his delights of the saints page 30. to 42. master elton , on colossians 1. edit . 2. p. 87. 88. & on ro 8. v. 30. m. samuel crooke , his guide , sect , 8. 9. 10. 12. 18. 19. doctor thomas taylor , on the 32. psalme , epistle to the reader . m. el●atha● parre grounds of diuinity , page 240. 241. master thomas wilson , on rom. 3. ver . 10. on cap. 5. ver . 15. 16. 17. on cap. 8. ver . 33. on cap. 9. ver . 16. master thomas draxe , in his worlds resurrection , page 110. 111. master sweeper , in his sermon against vniuersall grace . master humphrie sydenham his iacob and esau , part 1. 2. 3. doctor boyes his postills 4. sunday after easter , pag. 317. to 320. on saint markes day , page 685. 686. master iohn d●wnams summe of diuinitie , lib 1. cap. 17. lib. 2. cap. 1. 2. 3. sir christopher syhthorpe , his friendly aduertisement , &c. cap. 7. 8. together with all our dort diuines , article 2. 3. 4. of that synod , in the raigne of king iames. * d. dauenat bishop of salisbury his expositio ad epist. coloss. cap. 1. ver . 5. page 45. verse 12. page 78. 80. ver . 27. page 171. 172. 173. cap. 2. ver . 3. page 266. 267. bishop carltons examination of master montagues appeale , cap. 2. 3. 4. doctor goade his pelagius rediuinus . doctor warde , his concio ad clerum . doctor featly his 2. parallel , page 14. to 20. learned bishop vsh●rs answere to the iesuites challenge , page 464. to 492. of the religion professed by the ancient irish , page 7. 8. master richard bernard , his rheemes against rome , proposition 29. page 247. 248. master francis rouse , his doctrine of king iames , page 25. to 39. doctor sclaters exposition on the first of the thessa-ionians page 300. 301. 438. to 455. on epistle 2. cap. 1. ver . 3. page 5. 6. ver . 10. page 53. 54. cap. 2. ver . 13. page 180. to 191. master anthony woottons defence of master perkins , cap. of free-will , and a dangerous plot discouered , &c. cap. 7. 8. 20. master vicars , in his pusillus grex. master yates in his ibis ad caesarem , part . 2. cap. 7 page 157 , &c. master william pemble , in his vinditiae gratiae . page 54. to 112. where this point is largely and excellently discussed . master henry burton his plea to an appeale , page 65. to 90. and truth triumphing ouer trent , cap. 17. to which i might adde all those learned authors of our church , who haue copiously discussed the point of free-will , with all the authors in the three former positions , and my owne perpetuitie of a regenerate mans estate , page 9. to 38. all these , i say , doe fully testifie , that there is no such free-will , or vniuersall and sufficient grace deriued vnto all men , by which they may repent , belieue , and be saued if they will themselues . now because this vniuersall grace , or free-will in man , is the onely center vpon which the whole fabricke of arminianisme is erected ; by the vndermining of which alone , the whole superstruction , both of pelagianisme , popery , arminianisme , and libertinisme , are vtterly subuerted , i will briefely oppugne it with these seuerall atheisticall , blasphemous , absurd , and dangerous consequences , which will necessarily result and issue from it ; and those conditionall and secondary decrees of praedestination which are built vpon it . first , it ouerturnes the euerlasting and irreuersible decrees of election and reprobation : for if euery man may beleeue , repent , and be saued if he will himselfe , then it ineuitably followes , that there is no aeternall nor immutable decree of praedestination either way : whence our arminians to support this rotten idoll of free-will , are forced to maintaine a conditionall , mutable , generall , and confused decree of praedestination onely ; which in truth is no decree : not absolute , immutable , and particular : by which they vtterly abolish the whole decree , and doctrine of praedestination ; and then marke the consequence : if no praedestination , a no vocation , no iustification , no faith , no saluation ; praedestination being the originall fountaine of all these , and the maine foundation both of grace and glory , as the scriptures , and all writers teach vs. secondly , it makes the fickle , wauering , and vnconstant will of man , the very basis and ground-worke of all gods immutable , and aeternall decrees concerning man : where as god onely b workes and orders all things , ( as the scriptures certifie vs ) according to the counsell of his owne will , not according to the bent and inclination of our wills : by which it subordinates god to man , and subiects his aeternall purposes and vnalterable decrees , to sundry mutabilities , to his dishonour and our great discomfort . thirdly , it makes man an independent creature , and exempts him wholy from the disposing and ouer-ruling prouidence of his great creator : it makes the great controwler of the world , a bare spectator , not an orderer or disposer of humane actions : it causeth god with all his counsels and designes , to daunce attendance vpon the will of man , not man to depend vpon the soueraigne will and pleasure of his god , ( for c whose onely will and pleasure he was at first created , ) as if god were made for man , not man for god. fourthly , it constitutes an absolute and independent being and will in man , praeexistent to the aeternall will of god , not onely in nature , but in time : for if gods foresight and euerlasting decrees , haue their resultancie from the will of man , as the sampler hath from the coppy , the picture from the body , the structure from the plat-forme , or me●s after-determinations , from antecedent euents , as our arminians teach vs : then mans will must not onely necessitate , and in some sort praedetermine the most free and absolute purposes of god , ( which by this meanes take their rise and being from the creature , as if god were insufficient , not all-compleate , and absolute in himselfe : ) but it must likewise haue a selfe-dependance or praeexistence to them , both in time and nature : which were nothing else , but to deifie the will of man , in giuing it an aeternall being , both in and from it selfe , exempted from any antecedent or fore-ordaining will of god. fiftly , it dethrones and pulls god out of heauen , in depriuing him , not onely of his all-disposing prouidence in ouer-swaying and controling the very wills and workes of men : but likewise of his absolute soueraignty and power ouer all his creatures g to dispose of them at his owne free-will . had man a freedome or vniuersall grace implanted in him , to conuert , to saue , or damne himselfe at his pleasure : gods absolute supremacy ouer him , ●his libertie to saue , or not to saue him , would then be quite abolished : then men might saue themselues when god would damne them , yea , damne themselues when god would saue them : an atheisticall and blasphemous consequent , which defeates gods power and supremacie in the ordering and disposall of his creatures , both at once . sixtly , it spoiles the lord of the very glory , praise , and freedome of his grace , for if euery man may thus conuert and saue himselfe ; those onely being saued , who take care to saue themselues , by a generall strength and common grace deriued aequally vpon all men ; what praise , what loue , or thankes is due to god , for any speciall fauour ? man then must h thanke himselfe , not god , who doth no further saue him then he saues himselfe . seuenthly , it quite destroyes and vtterly abolisheth the very essence and nature of the grace of god ; and that in these respects : first , in that it communicates it in a like indifferency vnto all men , when as i grace is such a speciall fauour as is peculiar to some few : hence election , vocation , adoption , iustification , sanctification , loue , faith , hope , repentance , conuersion ; hence worldly honors , fauours , and praeferments , are stiled grace , because they are conferred vpon few , not cast promiscuously vpon all : secondly , in that it makes grace , yea , heauen and saluation , a meere purchase of our owne , not an absolute k free gift of god , without any relation to , or dependancie on our selues ; and l so no grace at all . thirdly , it makes it subordinate and subseruient to our wills , which are wholy subiect to it● scepter ; & so accounts it for a slaue , where as it is , m a lord a king , and monarch for to sway our hearts . fourthly , in confining the taking or reiecting of it to times and seasons of our owne , when as it n breatheth when and where it listeth . fifthly , in subiecting it to alterations and changes at our pleasure , where as it is o immouable , and immutable in it selfe . eightly , it susspends the efficacy , fruite and application of christs death , the power of gods ordinances , the graces , and working of his spirit , ( and so our whole saluation ) on our selues alone , and so giues vs a power to euacuate , or make them efficatious to vs , at our pleasures : which ouerthrowes the whole frame and order of the scriptures , which ascribe and yeeld vp p all to god , leauing nothing in , or to our selues . ninethly , it falsifies and ouerthrowes the whole contents and series of the scripture , which informes vs : that we are wholy q dead in sinnes and trespasses , and so vnable for to moue or helpe our selues , vnlesse god quicken vs by his grace : that without christs speciall assistance we are , r we can doe nothing : that s god must worke in vs both the will and the deed of his good pleasure : that he t must worke all our workes both in vs and for vs : that v all our sufficiencie proceeds from him : that x we cannot come vnto christ , except his father who hath sent him drawe vs : that he y onely makes vs to differ from others : that by z his grace onely wee are what we are : and that a all our hearts & wayes are in his hands , to turne them which way soeuer it pleaseth him : and b a thousand such like places to this purpose . tenthly , it puts all mankind into as good ( if not a better ) estate and condition since the fall , as adam had before it : since adam onely had a possibilitie giuen vnto him , c ( posse non peccare ) not to sinne or fall , vnlesse he listed ; and wee ( if this proue truth ) haue all a possibilitie or power giuen vs , to be saued , not damned , if wee will our selues : and then what great , what reall difference between adams first estate & ours now ? and if no difference , what hurt , what losse by adams fall ? eleuenthly , it makes both faith , repentance , vocation , adoption , election , iustification , glorification , and all other graces , within the command and limits of our owne free power , and so not the meere donations or d free gifts of god , or e issues of his spirit , as the scriptures stile them . twelftly , it frustrates all our prayers and thankesgiuings , and makes them meerely ●ugatory : for f in vaine doe wee implore that from another , which issues from ourselues : in vaine doe we giue thankes vnto another , for that we haue receiued from our selues alone , without his special fauor or assistance . if then conuersion , faith , repentance , and saluation , are at our our owne deuotion or command , our thankes , our prayers for them are but vaine . thirteenthly , it giues men cause , tobost and glory in themselues alone , ( which ouerthrowes g the end and freedome of gods grace : ) and not to giue the praise , and glory of their whole conuersion , and saluation vnto god , to whom alone it doth belong . fourteenthly , it opens an inreparable gappe , to sundry ineuitable inconueniences : first , to all licentiousnesse and prophanesse whatsoeuer : since men ( as most prophane ones lay this for their ground , ) may repent and be saued after all their wickednesse , both if , and when they will : h secondly , to all desperate atchieuements and audacious vilanies whatsouer : hee that hath yet no truth of grace within him , to restraine him from forecasting sinne , will quickely runne into any desperate attempt , or action whatsoeuer , vpon this false praesumption ; that hee may praesently of himselfe repent , and so be saued after all his sinnes : thirdly , to prochrastinate repentance to the last , and wholy to neglect the meanes of grace , and all true christian duties for the praesent . what is the chiefe and primarie ground of the common neglect of meanes & workes of grace , of most mens delaying amendment to their latter ends , but onely this vnhappy delusion : that they may vndoubtedly beleeue , repent , conuert , and be saued when they will themselues : hee therefore that maintaines this doctrine of free-will , or vniuersall and sufficient grace , le ts loose the raines to all prophanesse , wickednesse , securiti● , and licenciousnesse , that the hearts of men can harbor . fifteenthly , it placeth all men in an equall ballance and sutable condition : it makes the pagan and the christian ; the godly and vngodly ; the elect and reprobate , all alike , since all of them may be aequally saued , aequally damned if they will : now what can be more derogatory to gods especiall and peculiar loue ; more discomfortable vnto all good christians ; more aduantagious vnto satanmore gratefull vnto all licencious persons ; or more pernicious to mankind it selfe ; then thus to plucke vp all the stakes and bounds of gods aeternall , fore-limiting , and irremouable decrees ? to throw downe all the hedges and h inclosures of his more speciall loue ? to lay them common vnto all without distinction ? and so to place the saluation , estates , and spirituall conditions of all men in an aequipage , which god himselfe and all diuines , haue rancked into i different orders . sixteenthly , it not onely takes away repentance and saluation it selfe : but euen the very possibility and hopes of all repentance and saluation , from the sonnes of men . for if our conuersion saluation , grace , and glorie , are thus suspended on our most impotent , depraued , vnconstant , and perfidious wills , what man can once be saued ? if it were past the power of our father adam in his first and purest state , to keepe himselfe from falling , or his soule from ruine , though hee had a power not to sinne : needes then must it be impossible for any of the weake depraued progenie of adam ( who haue a k necessitie of sinning since his fall ) by any generall grace or power of their owne , to raise , conuert , to keepe , or saue themselues from endlesse condemnation , into which they could not chuse but fall had they no supporter but themselues . were our graces , portions , saluation , and inheritances in the tu●●lage or wardship of our wills alone , what flesh , what person could be saued ? her then that thinkes himselfe secure in his owne possession , let him imbrace this free-will doctrine , and so perish with it : but let all who would l be sure of their owne saluation ( as it is onely , alwayes sure in gods custodie ) quite renounce it , since the vndoubted ship wracke and damnation of mankinde , is the vneuitable consequence , the onely benefit that attends it . seuenteenthly , it ineuitably depriues all infants of saluation , who want both knowledge to discerne , and will for to desire it , because they know not what it meanes . eighteenthly , it reuiues the old pelagian tenent , o that a man may liue , and keepe himselfe without sin : for if men haue such an abilitie of will , or grace , as to conuert or change their hearts , whiles they are held captiues vnder sinne and sathans bondage , which is the greater : p much more being thus rescued from the power of sinne , may they keepe themselues vnspotted from it , which is in truth the lesse : if men may master sinne in its greatest strength , much more may they totally suppresse it being wounded . nineteenthly , it makes grace more ample then the decree of gods election , or the inward , or outward meanes of grace : god hath not actually decreed to saue or call all men alike ; neither hath he tendred , or purposed to offer effectuall or soule-sauing meanes of grace to all men : q this scripture , this experience witnesse ; and if it were not so , i see no reason but all men should be saued , all conuerted , since r gods decrees are true , and neuer fall to ground for want of execution : either therefore wee must admit an vniuersall election of all men vnto life , ( a dreame , an haeresie long since exploded by all reformed churches , ) or disclaime this strange chymera of vniuersall grace , a monster in diuinitie : else we must make grace more ample then gods decree of grace , and so the s effect more general then its cause , which were a grosse absurditie . twentiethly , it makes vniuersall or sufficient grace , which is no true sauing grace , the genetrix or parent of speciall , sauing , and effectuall grace , which differs toto genere from it ; as an vnnaturall and strange production , as a togather grapes of thornes , or figges of thistles : b such as the mother is , such is the daughter , such as the cause is , such is the effect ; c such as the tree is , such is the fruite ; that d which is borne of the flesh is flesh , and that only is spirit which is borne of the spirit : either then this vniuersall grace is sauing grace , ( which cannot be , for then all men should bee saued by it , yea , grace it selfe e against all rules of reason , should be the cause and author of it selfe ) , or else it cannot be the author or procurer of true sauing grace which so farre differs from it both in kind , and eminency . furthermore , it baptizeth mans naturall freedome with the name of grace : for what else is vniuersall grace , but the the very naturall abilities of mans will : if it be grace in truth as well as in name , how then is it deriued vnto all men in the same geometricall proportion or degree ; when as all other graces are peculiar vnto some , and vnaequally distributed vnto most that haue them ? there is not a text in scripture , not a pelagian or arminian now in nature , that can shew me either warrant or example of any one sauing or common grace , that was euer yet in the same aequality conferred vpon all men ; and shall wee begin to ●orge such graces now ? but to passe on further , and to search into the very depth and bottome of this praetended grace . i would demand of any arminian this one quaere . whether this vniuersall sufficient grace , ( which i take to be nothing else , but a power or facultie in the will to regenerate and transforme the soule , or to embrace christ iesus , and apply his merits when the gospell offers them ) be a natiue and inherent faculty of the will ? or onely an aduentitious , acquisite , or infused quality , not borne , not produced with it ? if the former onely ; it is verily then no grace but nature : if the latter , then it must either bee an acquisite , deriuatiue , or an infused quality . if acquisite either by art , or industrie of our owne ; then it can be neither vniuersall , nor sufficient , it being proportionably , originally on none ; acquisitely in few , since few men seeke it , fewer purchase it : if deriuatiue : not from our parents , not from adam ; for then it were not grace , but nature : not from christ or from his spirit , for they deriue f grace only to their liuing and beleeuing members , not generally vnto all : & that by meanes , which are neither cōmon nor effectuall vnto all : not immediatly : if by infusion only without meanes , i pray what scripture proues it ? if any , then shew it : if none , let none beleeue it ; but if it be thus generally infused , then tell me how or when : whether with the soule , or after it ? whether in the embrio , infancy , child-hood , youth , or riper age of men ? if with it , then certainely as a natiue facultie conioyned with the soule , vndistinct from that whereby it wills all common ciuill things : and so a naturall power , not a grace : if after it , i dare presume no prying arminian can tell me , how , or when . if in riper yeeres , in youth , or in child-hood onely : then infants want it who depart this life , and so it is not vniuersall : if in the very wombe or infancy of all men , then god bestowes it when and where it is but vselesse , and so doth things in vaine : since infants ( especially those that dye before discretion ) cannot tell how to act it , or to imbrace saluation by it : if in neither of all these seasons , then not at all , and so there is no such grace ; all which being laid together , will euidently discouer this pelagian , popish , and arminian grace , to be in truth meere nature , and so vnable of it selfe to change mens hearts , to engender sauing grace , or purchase , or imbrace saluation , as our arminians , papists , and pelagians dreame . againe , it giues a possibility to all infidels and pagans , who neuer heard of christ , to be effectually saued without christ iesus , or those meanes of grace which lead and bring men to him : for if heathens who want the knowledge of christ and the scriptures through their inuincible ignorance , which they could not remedy , may yet be saued if they will themselues : then it must needes bee without the helpe or assistance of the gospell , without faith , without christ himselfe , for these they had not , these they could not haue , * aud then christ is dead in vaine , yea faith and scriptures are meere superfluous trifles , since men may well be saue though they want them : a most atheisticall and blasphemous consequent . moreouer , it fathames the very bottomlesse depths , it enucleates the inextricable , abstruce , and incompraehensible mysteries of gods aeternall decrees , which put st. paul vnto his a non-plus , and strucke him with such an amazing admiration , as forced him to cry out : b o the depth of the riches , both of the wisedome and knowledge of god : how vnsearchable are his iudgements , and his wayes past finding out . it renders an apparent cause besides the absolute and disposing will of god , why one man is praedestinated to saluation , not another : and so vnvailes and nullifies the sublimest , the supremest mystery of diuinitie which all ages haue hitherto adored with higest , tacite and dreadfull admira●ion , since no man can too curiously , diue into it , without the hazard of a fatall praecipice . lastly , it would make the most of all our arminian sticklers , ( who are generally the very proudest , the sloathfullest , the most ambitious , enuious , lasciuious , voluptuous and prophanest of our clergie , making no conscience for to feed their flockes , with which they are seldome resident , but when some tithes or gaines come in ) exceeding obstinate and gracelesse sinners : for if they haue this power to conuert , repent , and leaue their sinnes ( as they praetend they haue : ) why are their actions and their liues so vicious ? t is it for want of power to reforme ? that contradicts their doctrine , and traps them in a lye : is it for want of will alone , ( as certainely it must be , if their position proue but true ? ) this makes them desperate , and contemptuous sinners , yea , open rebels against god , vnfit to take his word or name within their lips , in that they hate to be reformed when they haue strength and power to reforme themselues : either therefore let them now reforme their liues , or proclaime themselues professed rebels to their god , or else renounce this free-will error , which will ineuitablie make them such . to winde vp all in briefe , if there be such a freedome of will , or sufficiency of grace imparted vnto all men , whereby they may bee saued if they will , why then were not the meanes of grace and saluation from the very creation to this present , m alike imparted vnto all , without which it was impossible for them to be saued ? yea , why then are not all , or most men saued ? is it because they will not ; or because they cannot saue , conuert , or helpe themselues ? if the latter of these two , you then yeeld vp the cause ; if the former onely , because they will not : i answere , n there is no man whatsoeuer , so desperately prodigall of his owne soule , or so desirous of damnation , but he vnfainedly desires to be saued , and would certainely saue himselfe at last , if his power to effect it , were aequall to his will : therefore it is not want of will , but power , that berieues them of saluation : if you beleeue not this , beleeue the truth him selfe , who speakes it : * many ( saith he ) shall striue to enter and shall not be able : but admit it rests thus meerely in mens wills : from whence then springs this inaequalitie in their wills , that one man is thus vnwilling to be saued , when as another wills it ? is it because one mans will is naturally more corrupted and depraued then anothers ? this were to denie either the vniuersalitie or the aequality of originall corruption , which is aequally deriued vnto all men in the selfe-same measure , without any difference of degrees . is it because there is an insufficiency or inaequality in the grace you speake of , to checke and conquer the obstinacy , the peruersnesse of mens wills ? then there is no such sufficient vniuersall grace as you praetend , since it is not sufficient or alike in all : * certainely if mens wills were aequall , and their graces aequall , their desire , their accomplishment of aeternall happinesse and saluation , ( which is essentiall & connatural to the wils of men ) would be proportionable , since * the selfe-same things in the same degrees , admit no aequalitie in their genuine and natiue operations : and if so , then all men by this doctrine should be saued , and so gods aeternall iustice , hell , and deuils were in vaine . but of this point enough if not too much , since i intend not here to argue it , but to proue it , the vndoubted doctrine of our english church , which i haue already done . the fifth of our anti-arminian theses , touching the peculiar intention , efficacie , vertue , and application of christs death to the elect alone , though perchance the price & merit of it were absolutely in it selfe , ( though it be not relatiuely or intendedly , ) sufficient to redeeme and saue euen all mankind , had god beene pleased to extend it to them , as well as to the elect : is warranted and proued by our 2. 15. 17. 18. 29. and 31. articles : by the 1. 3. 4. 7. and 8. articles of lambheth : by the 13. 14. 15. 16. 31. and 32. articles of ireland : by the booke of common prayer : position 3. see here page 20. 21. by the homelies : by the cathechisme of edward the sixth , by the quaestions and answers concerning praedestination : figures ( 5 ) and by the synod of dort , article 2. 3. the seuerall witnesses which auerre it vnder their hands and seales are master william tyndall , parable of the wicked mammon , page 70. 72. 73. 79. 80. col. 2. the obedience of a christian man , page 130. 131. prologue to the exposition vpon the 5. 6. and 7. of mathew , page 185. col. 1. an answer to sir thomas moores dialogue , page 257. 292. an answere to master moores 3. booke , page 307. answere to his 4. booke , cap. 11. page 333. a pathway into the holy scriptures , page 380. 382. exposition on the first epistle of iohn , cap. 2. page 394. 401. a treatise vpon signes and sacraments , page 443. master iohn friths answere vnto rastals dialogue , page 10. 14. 22. an answere vnto sir thomas moore , page 48. 49. answere to rastals 3. chapter , page 71. a declaration of baptisme , page 93. the mind of saint paul on the 10. chapter of the 1. of the corinthians , page 161. doctor barnos what the church is , page 243. to 247. that free-will of her owne strength can doe nothing but sinne , page 278. in the dayes of king henry the viii . * master hugh latimer bishop of worcester in his sermons , fol. 125. 126. 164. 165. 178. 208. 215. 224. 270. 288. 295. 297. b. ( a pertinent and full place ) 299. 308. 323. 326. 327. stephen garret , the summe of the holy scripture , cap. 7. peter matyr , locorum communium classis 3. cap. 1. sect . 44. 45. 46. 47. commentar . in romanos cap. 5. page 266. to 274. 328. 329. cap. 9. page 708. 726. to 730. cap. 11. page 866. master martin bucer , comment . on rom. 5. and 11. and on iohn 10. page 17. bishop hooper epistle to the reader before this declaration on the 10. cōmandements , a place which some doe wrest to the contrary conclusion : but let all episcopall mistakers of this godly bishop , reade his declaration on the 8. commandement fol. 75. 76. and then they must either disclaime this author , or subscribe to our conclusion . master thomas beacon , his sicke mans salue page 235. to 259. 273. 274. to 279. 413. 414. 425. 426. * iohn carelesse martyr , a deare friend of bishop latimers , booke of marryrs , page 1742. col. 2. number , 50. * master iohn fox , his first sermon at pauls crosse , fol. 12. master richard caundish his image of nature and grace , cap. 7. 8. 10. reuerend deane nowels cathechisme on the creed , part 1. 2. 3. master iohn veron his treatise of praedestination , fol. 60. to 112. and his apologie for the same , fol. 25. to the end . master palfryman treatise of heauenly philophie , epistle dedicatorie , and lib. 1. cap. 7. 8. master iames price his fanne of the faithfull , cap. 1. to 10. where this point is largely debated . master edward deering lecture 9. and 27. on the hebrewes . master robert hutton his summe of diuinitie , of the church , and of life euerlasting . master thomas sparkes his comfortable treatise for a troubled conscience , the 4. first leaues . master iohn daniel his excellent comfort against calamitie , cap. 5. 6. 7. 8. doctor fulke and master cartwright , notes on the rhemish testament , on 1. tim. 2. 4. sect . 3. 4. on cap. 3. sect . 10. and in the places fore-quoted in the former conclusion . master iohn anwicke , meditation on gods monarchie and the deuils kingdome , cap. 6. 7. 10. 11. master william burton in his sermon of of the churches loue . master arthur gurney his fruitfull dialogue betweene reason and religion , page 40. 45. godly bishop babington , an exposition of the catholicke faith , page 232. 239. sermon at pauls crosse 1591. on iohn 6. 37. d. whitakers aduersus gratiam vniuersalem . lectura 1594. and cygnea cantio , page 14. doctor robert some , tractatus de tribus quaest. quae. 1. master william perkins , of the order of causes of saluation and damnation , cap. 54. tom. 1. page 108. to 112. an exposition on the creed , page 293. to 299. a declaration of spirituall disertions , page 415. commentary on galathians 3. 8. 22. tom. 2. page 249. 250. a treatise of praedestination , page 621. to 642. with all the places quoted in the former point of vniuersall and sufficient grace , where this point is largely handled . master iohn hills life euerlasting , lib. 4. quaest. 3. 4. 5. of the grace of god , p. 347. to 352. quaest. 3. 4. 5. of the loue god , page 365. to 382. master greenham in his treatise of blessednesse , page 207. his 14. sermon , page 355. his 17. sermon , page 377. * doctor reinolds apologia thesium , sect . 12. to 23. doctor willet , in his excellent treatise de gratia vniuersali , in his synopsis papismi , page 881. to 918. commentarie on rom. 5. quaest. 38. 39. and controuersie 26. * doctor abbot bishop of salisbury , in his seuerall lectures , de veritate gratiae christi , page 15. to 82. master draxe his worlds resurrection , page 110. 111. master brightman on apocalipse 1. 5. and cap. 5. 9. 10. doctor iohn whites way to the true church , sect . 3. number 3. page 6. number 6. page 50. 51. defence of the way , cap. 25. sect . 1. to the end , sermon at pauls crosse , sect . 8. doctor francis white bishop of norwitch , his orthodox , cap. 8. paragraph 2. doctor field of the church booke 1. cap. 4. master samuel hieron abridgement of the gospell page 100. to 110. 121. 123. 124. doctor doue bishop of peter-burrow , in his sermon on 1. tim. 2. 4. where he discusseth this point largely and confutes huberus . master thomas rogers analysis on article 17. proposition 4. 5. 9. master stokes doctrine of repentance , page . 167. to 173. master yarrow soueraigne comfort for a troubled conscience , cap. 36. doctor crakentborpe . sermon of praedestination , page 14. to 20. master elton on rom. 8. 30. and on colossians 1. page 87. 88. doctor ames coronis ad collationem hagiensem articulus 2. master wilson exposition on romans 5. ver . 18. 19. on rom. 6. ver . 3. 4. on cap. 9. ver . 29. 33. doctor iohn boyes postils on christmas day , page 800. exposition on the creed , page 23. 24. 25. postil . on the fourth sunday in lent , page 268. 269. 270. on innocents day , page 614. to 618. master bifields exposition on the coloss. cap. 1. ver 6. page 55. ver 12. page 98. 99. ver . 14. page 108. 109. master samuel crooke in his guide sect . 4. 9. 10. 12. 18. 19. doctor prideaux lectura . 3. de gratia vniuersali , oxoniae in comitijs iulij 11. 1618. doctor benefield , de sanctorum perseuenantia , lib 2. cap. 18. 20. master sweeper in his sermon on prouerbs 12. 16. 1622. master humphrey sidenham in his iacob and esau. master iohn downames summe of diuinitie , lib. 2. cap. 1. 2. 6. master elnathan parre grounds of diuinitie , page 275. to 280. sir christopher sibthorpe his friendly admonition to the catholickes of ireland , cap. 7. 8. doctor thomas taylors praeface to the reader in his treatise on psal. 32. master paul baines commentarie on ephesians 1. page 114. 115. doctor griffith willams his delights of the saints , page 30. to 42. to whom i might adde all our dort diuines , in the raigne of our learned king iames. * reuerēd bishop carltons examination of master mountagues appeale , cap. 3. 4. 9. learned doctor dauenate bishop of salisbury , expositio in epist. pauli ad colossenses , cap. 1. ver . 12. page 78. 79. ver . 14. page 89. to 93. ver . 18. page 116. to 120. ver . 27. page 172. 173. ver . 28. page 182. 183. d. ward his suffragium brittannorum , artic. 2. and concio ad clerum . doctor goade , and d. feately , in their pelagius rediuinus d. william sclater exposition , on the first epistle of the thessalonians , cap. 1. ver . 10. page 92. to 97. cap. 5. ver . 9. 10. page 447. to 454. ver . 24. page 566. to 570. on epistle 2. cap. 1. ver . 10. page 53. 54. master vicars in his pusillus grex. master henry scudder his christians daily walke , cap. 15. master william pemble his vindiciae gratiae , page 53. to 158. master henry burtons answer to an appeale , page 64 &c. truth triumphing ouer trent , cap. 17. and in his viols , page 117. to 129. master wotton in his dangerous plot discouered , cap. 20. master yates in his ibis ad caesarem , part . 1. cap. 3. 4. 17. 18. 19. 20. 21. part . 2. cap. 1. page 34. &c. cap. 2. 7. with mine owne perpetuitie of a regenerate mans estate , page 28. 29. all these concurrent witnesses vnanimously suffragate to this our anti-arminian conclusion , approuing , iustifying , & defending it as the vndoubted truth , and the resolued doctrine of our church , against which no orthoxe writer of our owne hath hetherto concluded . now where as the pelagians and semipelagians , in st. augustines , hilaries , prospers , and orosius dayes , and our papists , pseudo-lutherans , anabaptists , socinians , and arminians since , obiect against this conclusion : a that christ tasted death for all men , and the like . these authors ( who replie againe , that christ b dyed , c and prayed onely for his sheepe , d his church , e his elect , f his seed , his rēnant , g his people , his israel , h his sion , i his children , k his mēbers , l beleeuers , those m that obey and feare him , & for n n many , ) doe shape these generall answers to those scriptures : first that christ dyed for all men sufficiently , that is , in regard of the infinit merit of his death , considered absolutely in itselfe alone , which might if god had pleased , sufficiently haue redeemed all men : not actually , effectually , or meritoriously , in regard of the reall intention , benefit , and application of his death , which pertaines not vnto all : secondly , indefinitly ; that is , for all sorts , all nations , sexes , ages , qualities , callings and conditions of men whatsoeuer : for some of all kindes ; not for all of euery kind : thirdly , pr o omnibus electis & dilectis ; p for all , and every of his elect , his sheepe , his church , of all ages , nations , and conditions ; not for the whole latitude of all mankind , whom he neuer actually praedestinated to saluation : fourthly , q for all true beleeuers , who by the worke and power of the spirit , are really inabled to lay hold on christ , by a true and liuely faith ; which faith is incommunicable vnto reprobates ; peculiar to the elect , who onely doe enioy it . fiftly , r for all who are saued ; or whom god will haue saued : there being no other meanes , no other name , by which men may or can bee saued , but iesus christ alone , sixtly , for all , s voluntate signi , in respect of the externall tender of the benefits of christs passion in the gospell vnto all : not voluntate beneplaciti , in regard of his aeternall purpose , designing , or the inward efficacie of his spirit , applying , the merits of his death to all . adde we to these replies , some other of our owne . first , that christ iesus truely dyed for all men , in regard of t that assumed common humanity in which he suffered , which extends it selfe indifferently vnto all : not in respect of the essicacious redemption which he merited , by his suffering , which is impropriated to the elect alone : secondly , christ dyed indefinitely for all men , in as much as u no particular men whiles they liue on earth can truely say , that they are actually excluded from the benefits of his death : not because they are all particularly redeemed by his death . thirdly , that he dyed for all men , that is , x for his first-borne , y for the seed of abraham , z the children of the promise , and a the better part of men , who oft times denominate the whole , especially in the visible church , where all are frequently stiled saints , beleeuers , and the like , because some are such : not for b the tares , c the chaffe , d the goates , the e thornes , the f stones , the g drosse , the h sonnes of belial , and i perdition , the k dogges , the l swine , the l beasts , or the m vncleane , or worser part , whom god accounts no members of the mysticall body of the catholicke church , for which christ onely dyed , & so reputes them as beasts , as the most infamous , and vilest creatures , not as men . fourthly , that he dyed corporally for all , in regard of the enlargement of some externall priuiledges ; * as the vniuersall preaching of the gospell , the outward administration of the sacraments , with the participation of those ordinary blessings of peace and plenty , the common endouments of the spirit , restraining grace , some competent knowledge of god , of christ , and of the mysteries of godlinesse : probability and good hopes of saluation , some relish of the word of life , and of the powers of the world to come , which vsually accōpany them ; before peculiar to the iewes alone , but since christs death , made cōmon vnto all men , ( to which i may add n the general resurrection of al , both good & bad , a reall fruit & cōsequent of christs death , ) not spiritually , in regard of those peculiar & aeternal fauours of redemption , iustification , sanctification and saluation , the portion , the inheritance of the elect alone , which no reprobate either can , or shal enioy . fiftly , that he dyed for almen , in that o by his death he hath purchased an absolute soueraigntie and dominion ouer all , to order , rule , and guide them at his pleasure , and to passe sentence on them all at last according to their workes : not because he hath procured an absolute enfranchisement from hell and death , or praepared an aeternall crowne of glory for them all ; which belongs to none but * those who loue him , and long for his appearance . these seuerall answers warranted by scriptures , fathers , and the fore-quoted authors , will reconcile all seeming repugnancies of scripture , and answere all obiections against this fift conclusion . before i passe ouer this conclusion , i must needs take off one principall daring obiection , with which our arminians doe encounter , it in this syllogisticall dispute . that which euery man is peremptorily bound to beleeue , must needs be true ; for god binds no man to beleeue a lye , because he is truth itselfe . but euery man , as well the reprobate as the elect , is peremptorily bound to beleeue , that christ iesus dyed effectually for his sinnes ; since euery man is obliged to beleeue in christ , vnder paine of aeternall damnation . iohn , 6. 29. 1. iohn 3. 23. marke 16. 16. iohn 3. 16. 17. 18. therefore that christ dyed effectually for all , and euery mans sins , must needs be true . to this i answer , first , that the maior is not infallible , vnlesse it be with this limitation : euery thing which men are commanded to beleeue , is true ; not absolutely in any sense , but onely in that relatiue , qualified , and peculiar sense in which it is to be beleeued : for one and the selfe-same proposition may be both true , and false in different respects : for instance . these two propositions y ( god will haue all men to bee saued : z christ iesus tasted death for all men ; are true , sensu diuise : in an abstracted ; not sensu composite , in a relatiue or compounded sense : true in the proposition , false in the application , vnlesse wee qualifie , or restraine their generality , with the fore-mentioned modifications , or their inseparably annexed conditions of faith and repentance , without which god will haue no man to be saued . secondly , the minor in its generall & absolute sence , is meerely false : first , because there are millions of men , ( as ideots , lunatiques , infants , pagans , by an inuincible , necessitated , and vnauoidable ignorance ) who are not peremptorily bound to beleeue , that christ iesus dyed effectually for their sinnes , a neither is infidelitie a damnable sinne in them , ( arminians themselues confessing it , who desperatly affirme , that pagans , or infidels may be saued ) because there was an absolute impossibility in them to beleeue , by reason of the incapability of the meanes in the one , and the ineuitable want of meanes in the other . secondly , because all those to whom the gospell is preached ( who are scarce the tithe of all the world ) are not bound to beleeue , that christ dyed effectually for their sinnes in an absolute sence , as is obiected : but onely in a qualified , limited and restrained , to wit , b if god inable them by his grace , to repent and beleeue : else they are absolutely to beleeue , c that christ iesus died not thus for them , and that they shall be damned , if they are not thus qualified : the onely absolute proposition then to be beleeued and rested vpon by all men , is not this generall or irrestrained conclusion : christ iesus died actually or absolutely for all and euery man whatsoeuer , ( the ground of libertinisme , prochrastination , and all prophanesse among christians , ) but this ; christ iesus dyed effectually for all true paenitent and beleeuing sinners , who lay hold vpon his merits : ( which cuts off all hopes of heauen from prochrastinating and vnrepenting sinners : who obstinaly proceed in sinfull curses , ) and then this conclusion : ergo , hee died effectually for all and euery mans sinnes whatsoeuer , is but a meere inconsequent . thirdly , because the scriptures enioyne no reprobate or wicked man to beleeue at first , that christ died effectually for his sinnes : but onely , d to repent and beleeue in christ , that so his sinnes may be done away : the scriptures indeed doe binde all faithfull and relenting siners to beleeue , e that their sinnes are actually forgiuen , and effectually purged by the death of christ : but for those who are yet out of christ , there is no such precept ; they must first be really ingraffed into christ , & then beleeue it : not first beleeue it : & then be i●graffed , else they should beleeue a lye , in beleeuing their sinnes are actually purged , ere they are , because a man must be first in christ before his iniquities can be washed away by his soule-clensing blood . fourthly , admit that euery man were obliged to beleeue that christ died effectually for his sinnes : yet it followes not , that therefore christ died effectually for all men . first , because euery man may bee bound to beleeue particularly for himselfe , ( because hee knoweth nothing to the contrary , ) that christ died for his sinnes , and yet it followes not , that therefore hee must beleeue that he died effectually for all mens sinnes : it is no good consequent to say , that euery man must paticularly beleeue that he is elected : therefore he must of necessity beleeu that euery man is elected : or that euery man must beleeue that he shall be saued , therefore , that all and euery man shall be saued . it followes not : that because euery man is bound to beleeue that himselfe , or any other particular man ( whose case he cannot know nor yet determine ) are no reprobates ; therefore there are no reprobates in the world . this kind of argument from euery indiuiduall to the speecies will not hold : this then is but a meere nonsequitur , euery particular man must beleeue that christ died effectually for himselfe : ergo he dyed thus for all men : this is the onely force of the praesent argument in which our arminians vaunt and triumph ; therefore it is but vaine , absurd & nugatory . secondly , because the scriptures , ( the reuealed will of god ) oblige men to beleeue such things , as god neuer purposed nor intended to accomplish in his secret will , in that way and course as they beleeue them : abraham was bound to beleeue ( yea g and he did beleeue it ) that god did really intend the sacrificing of his dearest isaack , because he actually enioyned him to doe it , yet god intended not the vnnaturall shedding of isaacks blood , but h the admirable probate of abrahams faith : the niniuites were bound to beleeue , and they did beleeue , that peremptorie praediction of the prophet ionah : i yet forty dayes and niniue shall be destroyed : yet god intended their repentance onely , not their ruine . our arminians ( if their doctrine be true , and their prayers faithfull , ) are necessarily obliged to beleeue , that god will haue mercy on all men whatsoeuer , because they pray to god , to haue mercy vpon all men , in the distributiue and largest sence ; yet god intendeth not k to haue mercy , neither hath he mercy vpon all without exception : so wee may bee bound to beleeue , that christ iesus died effectually for all men whatsoeuer , if there be any one such text of scripture which cōmands vs to beleeue it : ( as ther is not , ) because the scripture doth record it : yet god may not intend the effectuall application of his death to all men , no more then in those parallell cases : neither will this consequence necessarily follow : that we then beleeue a lye ; or that gods secret will , is contradictory to his reuealed : first , because l the reuealed , not the vayled will of god , which we cannot diue particularly into ; ) is the sole rule of our obedience , and the only obiect of our faith , so that in beleeuing it , we neither falsefy gods open , nor crosse his secret will , nor yet deceiue our selues in beleeuing of a lye . secondly , because his reuealed will , is but subordinate or subseruient , ( not contrary , nor aduerse ) to his secret will which it doth still accomplish , and with which it doth all times cooperate , as diuers from it , yet not repugnant to it . god brings , men bring their secret ends and purposes to passe , by seeming contradictory meanes which seeme to thwart or vary from their purposes , yet there is a sweet concordancy & no repugnancie betweene their ends , their meanes , their purposes , and their method to accomplish them , because the one is wholy subordinate to the other , and aymes at their accomplishment . the wheeles in a clocke , the spheeres in heauen , the water and the mill , haue contrary motions , yet they concur and sweetly accord in the same effect , without any contrariety : the strings of an instrument , voyces in a quire , haue different sounds , yet they make vp one pleasant and harmonious consort : the stones in a building , the roomes in an house , the members of a haeterogenious body , are discrepant and various in themselues ; yet they all accord & meete in one intiretie so the secret and reuealed will of god , if wee sunder , or disioine them , may seeme to iarre and contradict themselues : but if wee consider the one as subordinate to the other , and so linke them both together , we shall find them sweetly clasping and kissing each the other , without the least dissent , the one of them effecting and fulfilling the designes and purposes of the other without any clash or iarre : which answers those arminian cau●ls to the full , which say we set gods wills at variance by our doctrines . and thus much for our fist conclusion . the sixt of our praecedent anti-arminian tenents ' touching the totall and finall resistance of gods grace in the elect , in the very act of their conuersion , is fully ratified and confirmed by our 10. and 17. articles : by the 8. article of lambheth : by the 13. 14. 15. 16. 32. and 33. articles of ireland : by the booke of common prayer : position 1. and 2. by the homelies , the chatechisme of edward the 6. with the questions and answers of praedestination . figures , ( 6 ) and the synod of dort , article 3. 4. the particular and punctuall witnesses of this truth , now follow , to wit , master william tindall , prologue on the romans : page 48. col. 2. 8. 0. col. 2. preface to the obedience of a christian man : page 99. an answer to master moores dialogue . page 259. 260. 266. a path-way into the holy scriptures . page 382. prologue to the exposition of the first epistle of saint iohn . page 389. an exposition on the 6. of iohn . page 460. master iohn frith , a declaration of baptisme , page 90. doctor barnes , that freewill of her owne strength can doe nothing but sinne . page 283. 274. 276. master robert legat in his chatechisme betweene man and wife : what the holy catholicke church is : and betweene truth and the vnlearned man , wesel 1545. in the dayes of king henry the 8. * learned peter martyr commentary in romans , cap. 5. page 327. 328. cap. 9. p. 690. 694. 728. 729. 732. 733. master martyn bucer , commentary on math. 23. 37. on iohn 6. 37. 44. on romans 8. 30. and on cap. 4. 5. 6. master iohn bradford his doctrine of praedestination . master thomas beacon his sicke mans salue , page . 426. in king edwards raigne . * master iohn veron his treatise of praedestination , and apologie for the same . master thomas palfryman , treatise of heauenly philosophie , cap. 7. 8. master iames price his fanne of the faithfull , cap. 12. master edward deering on the heb. lect. 9. 10. 14. master anthony anderson , sermon of sure comfort . p. 23. to 27. master thomas sparkes comfortable treatise for a troubled conscience , the 4. first leaues . bartimeus andreas sermon 2. on the canticles , p. 64. to 70. master iohn daniel his excellent comfort to all christians , cap. 4. 5. 7. master iohn anwicke meditations on gods monarchie and the deuils kingdome , cap. 6. 7. 10. 11. master william burton , sermon of the churches loue . master arthur gurney his fruitfull dialogue betweene reason and religion , page 45. bishop babington exposition on the lords prayer , petition 6. page 194. 195. sermon at pauls crosse , on iohn 6. 37. part 1. and 2. mathew hutton arch-bishop of yorke . de electione & reprobatione commentatio , p. 22. 23. 24. 36. doctor fulke , and master cartwright , notes on rom. 8. sect . 8. master william perkins , of gods grace and mans freewill , tom. 1. page 720. &c. commentary on galathians 1. tom. 2. p. 178. 179. and on cap. 6. page 374. master iohn hell his life euerlasting , booke 3. quaest. 9. p. 273. to 277. in queene elizabeths annals : * doctor reinolds apologia thesium . sect . 13. 14. 15. doctor willet comment on romans 8. controuersie 18. and on cap. 9. ver . 19. 20. reuerend doctor robert abbot bishop of salisbury . de veritate gratiae christi . oratio . 2. iulij 8. 1615. sect . 2. learned doctor thomas morton bishop of couentry and litchfield , his protestants appeale . londini 1610. lib. 2. cap. 10. sect . 4. 5. 10. 11. where he proues this to be the doctrine not onely of protestants , but of the learnedest papists . doctor field of the church appendix to the 3. booke , cap. 10. of freewill . doctor iohn white , way to the church , digression , 41. 42. defence of the way , cap. 25. sect . 21. 22. master thomas rogers analysis on the 17. article , proposition 6. 7. master heiron , the backward parts of iehouah . sermon 2. p. 173. doctor ames , coronis ad collationem hagiensem . artic. 3. where this point is well discussed , and excellently proued . doctor pri●eaux , de conuersionis modo lectura 4. master paul bayne commentary on ephesians 1. 19. p. 352. to 371. where this point is pithily proued . master elton on rom. 8. v. 30. master thomas wilson exposition on rom. 8. ve . 30. on rom. 9. ver . 19. 20. doctor crakenthorpe sermon predestination , doctor boyes , postil on saint stephens day , page 304. on the epistle on simon and iudes day , page 767. sir christopher sybthorpe his friendly admonition to the praetended catholickes of ireland , cap. 8. master samuel crooke his guide . sect . 18. master iohn downame summe of diuinity . lib. 2. cap. 1. incomparable and learned doctor visher , arch-bishop of ardmagh , answer to the iesuites challenge . of freewill page 464. &c. master humphsrey sydenha● in his iacob and esau , with all our eminent dort deuines , in the raigne of famous king iames. * reuerend bishop carlton examination of master mountagues appeale . cap. 3. 9. 14. learned doctor dauenate bishop of salisbury , expositio in epist. pauli ad colossenses . c. 1. ver . 12. p. 78. ver . 28. p. 182. doctor sclater exposition on the 1. epistle of the thessalonians , cap. 4. v. 9. p. 300. 301● cap. 5. v. 9. 10. p. 437. to 454. on epistle 2. c. 1. ver . 13. p. 180. 187. 188. v. 14. p. 199. doctor ward , suffragium brittanorum . artic. 3. 4. and conci● ad clerum , 1625. where this point is solidly proued . doctor goade , and doctor featly in their pelagius rediuiuus : and doctor featly his second parallel of freewill , p. 14. to 21. where this position is featly handled . master rouse his doctrine of king iames. p. 25. to 48. master wotton his dangerous plot discouered , cap. 7. 8. master williams pemble his vindiciae gratiae . p. 140. to 157. where this controuersie is neatly discided . master yates his ibis ad caesarem , part 2. cap. 7. p. 157. to 168. m. henry burton his plea to an appeale , p. 63. to 77. & truth triumphing ouer trent . c. 17. m. weemse his portraiture of the image of god in man. c. 16. with my owne perpetuity . p. 100. 101. 621. in the raigne of our gracious king charles , who all giue full , particular and copious testimony to this conclusion . certainely he who shall but seriously suruay these seuerall scriptures , gen. 17. 1. i am the almighty god. gen. 18. 14. is any thing to hard for the lord ? 1. chron. 29. 11. 12. thine o lord is the greatnesse , and the power , and the glory , and the victory , and the maiestie , thine is the kingdome o lord , and thou art exalted as head ouer all ; both riches and honour come of thee , and thou raignest ouer all , and in thine hand is power and might , and in thine hand it is to make great , and to giue strength vnto all : 2. cron. 20. 6. art not thou god in heauen , and rulest not thou ouer all the kingdomes of the heathen ? and in thine hand is there not power and might , so that none is able to withstand thee ? iob 9. 4. 12. 19. he is wise in heart , and mighty in strength , who hath hardned himselfe against him and bath prospered ? behold he taketh away● who can hinder him ? who will say vnto him , what dost thou ? if i speake of strength , loe , he is strong . cap. 12. 13. to 25. with him is wisedome and strength , hee hath counsell and vnderstanding . behold he breaketh downe and it cannot be built : he shuteth vp a man , and there can be no opening : he leadeth away counsellers spoyled , and maketh the iudges fooles : he looseth the bond of kings , and girdeth their loyues with a girdle : he leadeth princes away spoyled , and ouerthroweth the mighty : hee powreth contempt vpon princes , and weakneth the strength of the mighty : he increaseth the nations and destroyeth them : he inlargeth the nations and straitneth them againe : he taketh away the hearts of the chiefe of the people of the earth , &c. cap. 23. 13. 14. but he is in one minde , who can turne him ? and what his soule desireth , euen that he doth : for he performeth the thing that is appointed . cap. 33. 11. 12. 13. 16. 17. he putteth my feet in the stockes , &c. i will answer thee , that god is greater then man : why dost thou striue against him , for he giueth not account of any of his matters : he openeth the eares of men , and sealeth their instruction , that he may withdrawe man from his purpose , and hide pride from man : he keepeth backe his soule from the pit , and his life from perishing by the sword : cap. 37. 7. 12. he sealeth vp the hand of euery man that all men may know his worke : it is turned round about by his counsels , that they may doe whatsoeuer hee commandeth 〈◊〉 vpon the face of the world , in the earth . cap. 40. 8. 9. wilt thou also disanul my iudgements ? hast thou an arme like god ? or canst thou thunder with a voyce like him . c. 42. 2. i know that thou canst doe euery thing , and that no thought can be with-holden from thee . psal. 33. 9. 11. he spake and it was done ; he commanded , and it stood fast . the counsell of the lord standeth for euer , the thought of his heart , to all generations . psal. 47. 2. 3. the lord most high is terrible , hee is a great king ouer all the earth . hee shall subdue the people vnder vs , and the nations vnder our feete . psal. 115. 3. but our god is in heauen , he hath done whatsoeuer he pleased . psal. 135. 6. whatsoeuer the lord pleased , that aid ●e in heauen and in earth . &c. prou. 21. 1. 30. the kings heart is in the hands of the lord as the riuers of water , hee turneth it whether soeuer he will. there is no wisedome , no vnderstanding , nor counsell against the lord. eccle. 9. 1. the righteous , and the wise , and their worke , are in the hand of god. isay 14 27. the lord of hoasts hath purposed , and who shall disanul it ? surely as i haue thought , so shall it come to pas ; and as i haue purposed , so shall it stand . isayah 41. 10. to 29. behold the lord god will come with strong hand , and his arme shall rule for him : he shall feed his flocke like a shepheard , he shall gather his lambs with his arme , and carrie them in his bosome , and shall gently lead those that are with young . behold the nations are as the drop of a bucket , and are counted as the small dust of the ballance : behold hee taketh vp the lles as a very little thing . all nations before him are as nothing , and they are counted to him lesse then nothing and vanity it is he that sitteth on the circle of the earth , and the inhabitants thereof are as grashoppers , that stretcheth out the heauens as a curtaine . that bringeth the princes to nothing , and maketh the iudges of the earth as vanity : yea , they shall not be planted ; yea , they shall not be sowen ; yea , their stocke shall not take roote on the earth , and he shall also blow vpon them , and they shall wither , and the whirlewind shall take them away as stubble : to whom then will yee liken me , or shall i bee compared saith the holy one . lift vp your eyes on high , and behold who hath created those things . that bringeth out their hoasts by number , he calleth them all by their names , by the greatnesse of his might , for that hee is strong in power , not one faileth . cap. 43. 12. 13. i am god , i am he , and there is none that can deliuer out of my hand : i will worke , and who shall let it ? ieremiah 18. 6. o house of israel ; cannot i doe with you as this potter , saith the lord ? behold as the clay is in the potters hand , so are yee in my hand , saith the lord , &c. cap. 32. 27. behold , i am the lord the god of all flesh , is there any thing too hard for me ? cap. 49. 19. he shall come vp like a lyon from the swelling of iordan , against the habitation of the strong : but i will suddenly make him runne away from her : and who is a chosen man that i may appoint ouer her , for who is like me ? and who will appoint me the time ? ezechi . 22. 14. can thine heart indure , or can thine hands be strong in the dayes that i shall deals with thee ? i the lord haue spoken it and will doe it . cap. 36. 24. 25. 26. 27. i will take you from among the heathen , and gather you out of all countryes , and will bring you againe to your owne land. then will i sprincle cleane water vpon you , and you shall be cleane from all your filthynesse , and from all your idols will i cleanse you . a new heart also will i giue you , and a new spirit will i put within you , and i will take away the stonie heart out of your flesh , and i will giue you an heart of flesh : and i will put my lawes within you , and cause you to walke in my statutes , and yee shall keepe my iudgements and doe then . dan. 2. 20. 21. blessed be the name of god for euer and euer for wisedome and strength are his : and he changeth the times and seasons : hee remoueth kings , and setteth vp kings , &c. cap. 4. 34. 35. and i blessed the most high. and praysed him that liueth for euer , whose dominion is an euerlasting dominion , and his kingdome is from generation to generation . and all the inhabitants of the earth are reputed as nothing : and he doth according to his will in the armie of heauen , and among the inhabitants of the earth : and none can stay his hand , or say vnto him ; what dost thou ? cap. 5. 23. the god in whose hand thy breath is , and whose are all thy wayes , hast thou not glorified . acts 5. 38. 39. but if this counsell be of god , yee cannot ouerthrow it , least happily yee be found euen to fight against god. cap 6. 10. and they were not able to resist the wisedome and the spirit by which he spake . cap. 11. 17. for as much then as god gaue them the like gift as he did vnto vs , who beleeued on the lord iesus christ , who was i that i could withstand god ? ioh. 5. 21. for as the father raiseth vp the dead & quickneth them , euen so the sonne quickneth whom he will. iohn 6. 37. 44. all that the father giueth me shall come vnto me . no man can come vnto me except my father who hath sent me draw him . rom. 8. 28. 30. to them that are called according to his purpose . moreouer , whom he did praedestinate , them he also called : whom he called , them he iustified : whom he iustified , them he glorified . cap. 9. 19. 20. 21. thou wilt say then vnto me , why doth he yet complaine ? for who hath resisted his will ? nay but o man , who art thou that disputest against god ? shall the thing formed say to him that formed it , why hast thou made me thus ? hath not the potter power ouer the clay , of the same lumpe , to make one vessell to honour , and an other to dishonour , &c. cap. 11. 7. 36. the election hath obtained it , and the rest were blinded : for of him , and for him , and to him are all things . 2. tim. 1. 9. who hath saued vs , and called vs with an holy calling , according to his owne purpose and grace which was giuen vs in christ iesus , before the world began . 2. cor. 10. 4. 5. for the weapons of our warfare are mighty through god , to the pulling downe of strong holds : casting downe imaginations , and euery high thing that exalteth it selfe against the knowledge of god , and bringeth into captiuity euery thought to the obedience of christ. 1. cor. 10. 22. doe we prouoke the lord to iealousie ? are we stronger then he ? phil. 3. 21. who shall change our vile body , that it may be fashioned like vnto his glorious body , according to the working , whereby he is able euen to subdue all things to himselfe . he that shall vnfainedly meditate on all these seuerall texts of scripture , together with : ephe. 1. 19. 20. that you may know , what is the exceeding greatnesse of his power to vsward who beleeue , according to the working of his mighty power : which he wrought in christ when he raised him from the dead , and set him at his owne right hand in the heauenly places . cap. 2. 1. 5. 6. and you hath hee quickned , who were dead in trespasses and sinnes , and hath raised vs vp together , and made vs to sit together in heauenly places with christ. iohn 5. 25. verily , verily , i say vnto you , that the houre is comming and now is , that the dead shall heare the voyce of the sonne of god , and they that heare it shall liue . rom. 4. 17. god who quickneth the dead , and calleth those things that be not , as though they were . phil. 2. 13. it is god that worketh in you both the will and the deed of his good pleasure : can neuer once conceit , that any of the elect can either finally or totally resist the inward regenerating and renewing grace of gods spirit in the worke and act of their conuersion , in which they are meerely passiue . the conuersion of a soule to god , is a a new creation : it is wrought , not by bare alluring obiects , or reasons praesented to the vnderstanding , as arminians dreame : but by the b almighty power of god : by c the selfe same power that raised christ iesus from the dead : by d the effectuall and mighty power of the holy ghost : and by e the soueraigne power and authority of christ himselfe : and can any elected persons heart be found so stupendiously obdurate , as to withstand the whole shocke and power of the trinity , when they come with a resolution to conuert f and change it , not to force it ? certainely that god , who made the hearts and wils of men at first , g can change them at his pleasuro : that blessed sauiour of ours , h who hath power ouer all flesh to rule and order them at his will : who when he was here on earth , had so much soueraignty and diuinity in him as to i raise the dead : to k heale the sicke , the blind , and lame : to l allay the raging stormes , the waues , and windes , at pleasure : m to command the very deuils , yea , n legions of deuils with authority and power , and to eiect and dispossesse them , by his meere command ; he that can controll the o very world it selfe , and all the creatures , both in heauen , earth , or hell : can easily conuert and turne the hearts of all his children in a moment ( as he hath done alwayes hitherto , there being not one of the elect that did euer yet withstand his inward call ) without any difficulty or resistance . * if any obiect that of acts 7. 51. yee stifnecked and of vncircumcised hearts and eares , you haue alwayes resisted the holy ghost : with that of mat. 23. 37. how often would i haue gathered thy children , as the hen gathereth her chicken vnder her winges and ye would not , which ●eeme for to oppugne this conclusion . to the first of these , i answer : first , that this text speaks onely of the reprobate and stiffenecked iewes : of vncircumcised hearts and eares , who cannot but resist the externall profers of gods grace : not of the elect and chosen of god among the iewes , p three thousand of which were conuerted at one sermon . secondly , the spirit which these iewes did here resist , was the spirit of prophesie , not of regeneration : it was the word of the holy ghost vttered by those prophets which they slew and stoned . ver . 52. which sounded onely in their eares : not the renuing and regenerating operation of gods spirit which wrought effectually in their hearts . thirdly , this was onely an externall resistance of the q holy ghost in others : not an intrinsecall opposition of him , or of his operations in themselues : therefore it s nothing to the point in quaestion . to the second , i answer : first , that christ here speaks only of a gathering of them by the externall ministry of his prophets , and messengers which they stoned : ( as the former part of the verse . o hierusalem , hierusalem , thou that killest the prophets , and stonest them that are sent vnto thee : how often would i haue gathered , &c. with verse 34. 35. doe infallibly proue : ) not by the internall regenerating operation of his spirit , the onely thing in quaestion which they could not resist . secondly , i answer , with r saint augustine and s peter lumbard : that the meaning of these words is not : that those whom christ would gather did resist or disobay his call : but that heirusalems rulers , with the scribes and phareses were vtterly vnwilling that christ should gather those whom he did call : the summe and drift of these words is onely this : i by ministry would haue gathered hierusalem , and her sonnes vnto me ; but you scribes and phareses ( for to them alone , not to hierusalem was this speach directed , as the whole series of the chapter , from the 2. verse to the end , doth irrefragably witnesse ) would not permit me : t for you withstood my ministry : yea , those that i did conuert and call , it was against your wills : u who agreed , that of any man did confesse that i was christ , he should be thrust out of the synagouge : this is the whole scope and substance of the place which concludes but this against vs. the scribes and phareses did resist christs ministry , in hindering him from preaching to the people : or christ did conuert men against the phareses wils : therefore the elect may finally & totally resist the inward working power of the spirit in the very act of their conuersion : a grosse non-sequitur : which hurts not this conclusion . all whom christ effectually called , when he was on earth : x as andrew , peter , mathew , luke , and the rest of his disciples , did readily leaue all to follow him without the least resistance or delay : therefore all who are thus inwardly called by his grace and spirit , doe so now . for the seuenth of these our anti-arminian conclusions , touching the totall and finall perseuerance of the saints , and that true sauing faith and grace , are proper yea peculiar to the elect alone , and not communicable vnto reprobates . it is euidently warrented and proued , by our 17. article ; figure ( 7 ) by the 5. article of lambheth , and the 12. 13. 15. 33. and 38. articles of ireland : which are expresse and punctuall in it : by the common prayer book ; the homelies , and the chatechismes fore-recorded , figures , ( 7 ) by barrets recantation . section 1. 2. 3. 4. 5. and by the synod of dorts resolution : article 5. adde we to these by way of testimony , * the copious , vnanimous , and concurrent attestation , of master william tyndall : prologue on the epistle to the romans● page 42. parable of the wicked mammon . page 69. 70. 74. 75. 78. praeface to the obedience of a christian man. p. 99. in the treatise it selfe . p. 169. an answer to sir thomas moores dialogue . page 257. 258. 259. 260. 261. 266. answer to master moores 2. booke . cap. 3. 4. page 293 294. answer to his 3. booke . page 307. answer to his 4. booke . cap. 10. page 329. cap. 11. p. 330. 331. 334. to 338. a pathway into the holy scripture . page 384. an exposition on the first epistle of iohn . cap. 2. p. 402. c. 3. page 410. 412. cap. 5. page 423. an exposition on the 6. of iohn . page 460 462. of master iohn frith martyr . an answer to my lord of rochester . page 55. an answer to rastals : 3. chapter , page 71. 72. 73. a myrrour to know thy selfe . page 84. of doctor barnes , that faith onely iustifieth before god. page 235. 242. of master robert legate , his catechisme betweene the husband and wife : what the catholicke church is : and betweene the vnlearned man and truth , in the raigne of henry the 8. * of peter martyr , commentary in rom. 5. p. 233. 234. in cap. 8. page 533. to 558. locorum commu . classis . 3. cap. 3. sect . 46. 47. of martin bucer , commentary on mat. 7. ver . 13. cap. 16. ver . 18. cap. 24. ver . 24. in iohannem . cap. 4. 14. cap. 6. ver . 30. to 64. cap. 10. ver . 27. 28. cap. 14. 16. 17. in romanos 8. c. 30. to the end . of bishop latimer , in his sermons fol. 141. 142. 180. 226. 258. 312. 326. 327. 328. of master iohn bradford , his defence of praedestination , where this point is pithily and particularly discussed : and his letter in the booke of martyrs . page 1505. col. 1. of iohn carelesse martyr . ibid. p. 1742. of master thomas beacon , the sicke mans salue . p. 271. 272. 273. 274. 424. 425. 426. 427. of stephen garret , the summe of the holy scriptures . printed , 1547. cap. 4. 7. 8. 13. in the dayes of king edward the 6. * of reuerend master nowel in his authorized catechisme on the 3. petition of the creed : the holy catholicke church , the communion of saints , the forgiuenesse of sinnes . of master iohn fox , his booke of martyrs . london , 1597. p. 1506. col. 1. l. 74. 80. in his sermon at pauls crosse , printed , cum priuilegio , london . 1570. fol. 19. 20. of master iohn veron , in his fruitfull treatise of praedestination . fol. 40. to 63. 79. 106. to 110. where this our conclusion is largely proued . of master iohn daniell , his excellent comfort to all christians . cap. 3. 4. 5. 6. 27. of master thomas palfryman , in his treatise of heauenly philosophie . lib. 1. cap. 7. 8. of master edward deering , in his 7. 10. 14. 16. 18. 24. and 27. lectures on the hebrues . of master iames price , his fanne of the faithfull . cap. 1. 2. 3. 4. of learned doctor fulke , and master cartwright , notes on the rhemish testament . notes on luke 8. sect . 1. on romans 11. sect . 2. on 1. tim. 1. sect . 2. on apocalipse 2. sect . ●2 . of learned and godly bishop babington , exposition on the 12. article of the creed . life euerlasting . page 259. 260. in his works at large . in his profitable exposition on the lords prayer . page 127. 128. 194. to 203. 222. with his sermon at pauls crosse. 1591. part 1. and 3. p. 273. &c. of solid doctor whitakers : responsio ad 8. rationes campiani . de paradoxis . lib. 18. de ecclesia . controuersia . 2. quaest. 3. cap. 2. p. 146. and gygnea cantio . p. 17. to 25. of doctor sparkes , answer to iohn de albines discourse against haeresies . cap. 34. page 281. to 285. and in his comfortable treatise for a troubled conscience . london , 1580. of master robert keilway , sermon of sure comfort . 1580. page 22. to 27. and 46. to 85. of master iohn vdall , his peters fall. london , 1589. sermon 2. of master arthur gurney , his fruitfull dialogue betweene reason and religion . fol. 45. 46. 47. of master iohn anwicke , meditations vpon gods monarchie , and the deuils kingdome . cap. 6. 7. 10. 11. bartimeus andreas , sermon , 2. on canticles 5. page 64. to 70. of master iohn northbrooke , his poore mans spirituall garden . cap. 1. and 18. of learned . mathew hutton arch-bishop of yorke : * de electione & reprobatione commentatio . page 41. 42. 43. of doctor esteius de certudine salutis & perseuer antiae sanctorum non interrupta oratio cantabrigiae habita . page 45. to 64. of doctor robert some , tractatus de tribus quaestionibus . quaestio . 3. p. 85. to 93. of doctor chaderton , de iustificationis coram deo , & fidei iustificantis perseuerantia non intercisa page 94. to 112. ( to whom i might adde those seuerall bishops , doctors and deuines , which composed barrets recantation , and the articles of lambheth , which conclude in terminis for vs. ) of godly and experimentall master greenham , graue counsels and aphorismes , addition . 2. and 3. in his workes at large , london . 1612. p. 46. 51. 63. sect . 24. p. 68. his first sermon . quench not the spirit . p. 246. to 250. his 14. sermon p. 341. exposition on psal. 119. page 382. 495. 496. godly instructions . cap. 32. page 694. cap. 53. page 764. a letter against hardnesse of heart . p. 864. a letter consolatorie . p. 876. of edwin arch-bishop of yorke , sermon on luke . 1. page 74. 75. sect . 14. of solid and scholasticall master william perkins , exposition on the creed . tom. 1. of his workes p. 254. 282. 283. treatise of disertions . p. 417. reformed catholicke . point . 3. page 562. 563. &c. of gods free grace , and mans free will. page 738. 739. a treatise of praedestination . tom. 2. page 636. 637. 638. exposition on iude , verse 1. tom. 3. page 487. 488. of incomparable hooker , discourse of iustification . sect . 26. sermon of the perpetuity and certainty of faith in the elect. sermon 1. on iude. sect . 10. to 15. of master william burton , in his dauids euidence . 1596. sermon 5. p. 102. to 115. of master iohn hill in his life euerlasting . lib. 5. cap. 2. quaest. 4. 5. 6. cap. 3. quaest 21. and of reuerend master phillips , sermon on romans 8. ver . 15. 16. in the raigne of blessed queene elizabeth . * of learned king iames of happy memory , in his declaration against vorstius . page 15. 18. 19. 26. 35. where he stiles the arminian assertion of the apostasie of the saints , a wicked doctrine , a blasphemous haeresie , directly contrary to the doctrine of the church of england : and bertius his booke of the apostasie of the saints , a blasphemous booke , the very title whereof were enough to make it worthy the fire , branding bertius , with the name of an haretique and atheisticall sectorie . of eminent , learned and renowned doctor reinolds , thesis . 4. sect . 23. 24. defensio thesium , sect . 17. 20. censura librorum apochryph . praelectio . 207. and conference at hampton court. page 41. 42. 43. of reuerend and learned doctor robert abbot , late bishop of salisbury , once regius professor of diuinity in oxford . in his answer to bishop part 1. cap. 12. part 2. cap. 3. de perse●erantia sanctorum lectura 1. read publickely in the diuinity schooles of oxford , iuly 10. 1613. in the act time , and animaduersio in thompsoni diatribam . of profound doctor field , of the church , booke 1. cap. 3. 6. 7. 8. answer to theophylus higgons 1. part . cap. 3. 2. part . sect . 2. page 832. 833. 834. of iudicious doctor bulckley , in his apologie for the religion established in the church of england . london , 1608. page 62. 64. 196. of acute doctor william sclater , in his sermon preached at pauls crosse , september , 17. 1609. on hebr. 6. 3. 4. 5. 6. london , 1610. and in his exposition on the 1. epistle of the thessalonians , cap. 1. ver . 4. page 30. ver . 5. page 39. 40. 44. cap. 3. ver . 13. page . 251. c. 5. ver . 9. 10. p. 436. to 455. ver . 19. p. 596. ver . 20. p. 535. 536. v. 24. p. 524. 571. exposition on epistle 2. cap. 1. ver . 3. p. 7. v. 10. p. 53. 54. v. 11. p. 66. to 71. c. 2. v. 13. p. 178. to 190. c , 3. v. 3. p. 229. to 234. of laborious and learned doctor willet , commentary on romans 5. controuersie 3. on cap. 6. controu . 7. on cap. 8. con. 17. 19. on cap 9. cont. 16. on c. 11. con. 21. and synopsis papismi . page 64. 65. 448. 923. 924. 925. of godly master richard rogers , in his 7. treatises . treatise . 2. cap. 20. treatise 6. cap. 2. 3. 4. 5. of master thomas rogers , analysis on the 17. article . proposition 3. of master francis trigge true catholicke . cap. 5. london 1602. p. 150. to 187. of master wotton , triall of the rhomish clergies , title of the church . london , 1608. page 212. and in his dangerous plot discouered , london , 1626. cap. 11. 12. page 37. to 81. of master iohn tr●ndall his arke against the dragons flood . london , 1608. page 4. 5. 22. of master stocke in his doctrine of repentance , london , 1610. p. 167. 168. 169. 170. of master brightman on the reuelation . cap. 3. v. 5. 11. 12. cap. 13. 8. cap. 17. 8. c. 20. 6. 15. and cap. 22. 11. of godly m. heiron in his abridgment of the ghospell . sermon 1. in his workes at large . london , 1620. part 1. page 102. 109. the worth of the water of life . p. 205. 206. the spirituall sonship . page 308. 365. to 374. a caueat and comfort for beleeuers . page 623. to 627. and penance for sinne . part 2. p. 64. 65. of learned and solid doctor iohn white in his way to the true church . digression . 42. 43. and his defence of the way . cap. 16. sect . 4. of master thomas wilson sermon of perseuerance . 1608. in his exposition on romans 8. v. 30. c. 5. v. 2. c. 11. v. 29. of master wilcocks exposition on psal. 1. 3. on psal. 37. 23. 24. on psal. 125. of master draxe his worlds resurrection . p. 42. 56. 57. 66. 67. 77. 78. of acute doctor ames , coronis ad collationem hagiensem . article 5. of learned doctor crakenthorpe , sermon of praedestination , london , 1620. p. 26. 30. 31. 32. and defensio ecclesiae anglicanae contra archiepiscopum spalatensem . cap. 78. master richard web in his sermon intituled the lot and partion of the righteous , london 1616. master paul bayne , in his triall of a christians estate , on heb. 10. 39. london 1618. and in his commentary on ephesians 1. p. 109. 110. 302. 306. 307. 393. 402. 403. master william cowper , his ●ight way to eternall glory , on rom. 8. p. 342. 355. 356. 362. 363. 370. and in his glorification of a christian p. 448. 449. 455. 456. 457. master william harrison in his sermon of deaths aduantage little regarded , london , 1602. p. 14. 15. master nathaniel byfield discourse of the promises . cap. 13. and exposition on colossians . 1. p. 93. 144. 145. master randall in his sermons on romans 8. master elton his sermons on rom. 8. 30. intituled the triumph of a christian. master elnathan parre his grounds of diuinity . edit . 3. page 220. d. iohn bayes , late deane of caunterbury in his workes , london 1622. p. 189. 483. 768. 928. master bradshaw commentary on 2. thess. 3. 3. 4. 5. sir iohn haywood in his dauids teares , on psal. 32. v. 4. sect . 12. 15. 16. of learned doctor benefield , de perseuerantia sanctorum . libri . 2. of master robert yarrow . a soueraigne comfort for a troubled conscience . cap. 38. to the end of the booke . p. 352. to 439. of doctor thomas taylor in his parable of the sower . london , 1623. p. 413 to 452. of master iohn downam , summe of diuinity . lib. 2. cap. 1. 6. and 7. and his christian warfare . lib. 2. c. 13. to 22. of master timothy rogers , his righteous mans euidence for heauen . london , 1621. p. 236. 237. 246. of caleb dilechampius , vindictiae solomonis , cantabrigiae . 1622. of reuerend bishop . hall , contemplation . volume . 6. lib. 17. solomons defection . p. 1274. in his workes at large . of eminent doctor prideaux , in his ephesus backsliding : and lectura 6. de perseuerantia sanctorum . oxomae . 1621. iulij 7. in vesperijs comitiorum . of master samuei crooke in his guide to true blessedresse . edit . 3. p. 44. 45. 60. 68. 78. of master samuel smith his dauids blessed man. london . 1623. edit . 7. page 222. to 227. and his chiefe shepheard . p. 96. 97. 98. 486. 487. of master thomas couper , growing in grace . london , 1622. p. 15. 346. to 379. of master iohn frewen grounds of religion . london , 1621. quaest. 13. and 23. of doctor griffith williams in his delights of the saints . london , 1622. page 157. to 186. of d. thomas iackson , the raging tempest stilled . p. 319. to 345. of doctor william gouge , his whole armor of god. p. 256. 286. of master ezechtel culuerwell , treatise of faith. p. 489. to 506. of master cleauer , sermon on iohn 6. v. 26. 27. doctr. 4. of doctor francis white now bishop of norwich , reply to fisher. page 49. to 55. 80. 82. 84. 87. 102. 167. 168. 200. of learned master thomas gaetiker , his gaine of godlinesse , dauids remembrance , the lust mans ioy , and signes of sincerity . of doctor carlton the late reuerend bishop of chichester . doctor dauenat bishop of salesbury . doctor goade , doctor balcanquel , and doctor ward , see suffragium brittanorum ; and the synod of dort , article . 5. to which they haue all subscribed their names ; in the raigne of our late soueraigne king iames. * of learned master richard bernard , his rheemes against rome . page 303. to the end . of reuerend bishop dauenat , expositio epistolae pauliad collossenses . cap. 1. v. 23. p. 144. 145. c. 3. v. 8. p. 364. 365. v. 8. p. 368. c. 4. v. 14. p. 519. of master iohn rogers ; doctrine of faith. p. 319. to 345. of master scudder in his christians daily walke . edit . 2. cap. 15. sect . 7. of master william pemble his vindiciae gratiae . p. 34. 35. 36. of master robert bolton generall directions for the comfortable walking with god. p. 22. 23. 24. of master iohn barlow , exposition on 2. tim. 1. p. 135. 278. 279. 367. 368. 369. 374. of doctor ward concio ad clerū . & suffr . bri. arti. 5. of m. william sparkes , his mistery of godlinesse , oxoniae , 1629. c. 2. of doctor thomas goade , pelagius rediuiuus . of acute and learned doctor featly 2. parallel . page . 21. to 95. of master henry burton of christ-church in oxford , in his melancholie . edit . 3. p. 641. of master samuel ward in his balme from gilead to recouer conscience . p. 56. 78. of master henry burton of st. martins in friday street , his plea to an appeale . p. 6. to 40. and his truth triumphing ouer trent . cap. 17. of master , iohn weemse his portraiture of gods image in man. london , 1627. c. 16. where this point is pithily handled . of sir christopher sybthorpe his friendly aduertisement to the catholickes of ireland . cap. 7. 8. of master francis rouse in his doctrine of king iames. p. 39. to 98. of master yates his ibis ad caesarem . p. 104. to 157. of reuerend bishop carlton , examination of master mountagues appeale . cap. 5. 6. 7. 8. with the ioynt affections of all our dort diuines , being men of note and eminency in our church : and of my owne perpetuity of a regenerate mans estate : to omit the late printed workes of some other moderne authors , formerly quoted . all these recited writers of our church , being one hundred and more in number ; haue all of them in substance , most of them in terminis , euen purposely , copiously , vnanimously , constantly , and professedly defended , the totall , and finall perseuerance of the saints , as the vndoubted doctrine of our church : oppugning and largely reselling , the pelagian popish and arminian haeresie , of the saints apostacie , and of true grace in reprobates , which is peculiar to the elect alone . neuer was there any one point of doctrine which our church embraceth , so copiously maintained , so abundantly seconded and backed with a constant and vninterrupted streame and series of authorites , and printed records as this ; no orthodox member of our church so much as once impeaching it : no spurious or rotten member since barrets publike k●cantation , so much as once oppugning it in any authorized worke , master mountagues , and doctor lacksons onely excepted , which , all men generally dislike : therefore we may now without all quaestion or dispute , declare , resolue , and finally adiudge it , to be the ancient established , and vndoubted doctrine of our church : taking all such for pelagians , papists , arminians , yea pestilent haeretickes , atheisticall sectaries , and dangerous innouators , ( as * king iames hath long since doomed and adiudged them to our hands ) who haue beene , are , or shalb● so audaciously praesumptuous , as either publickely in words or wrighting to oppugne it . you haue seene now christian readers these 7 , anti-arminian positions infallibly , irrefragably proued to bee the ancient , established , professed , and resolued doctrine of the church of england , by the seuerall , yet vnanimous articles of england , lambheth , and ireland : by the common prayer booke , and homelies authorized in our church : the catechisme allowed by king edward the 6. the quaestions and answ. of praedestination , bound vp and printed with our ancient bibles : the famous synod of dort ; the recantation of barret , and by the vnanimous punctuall , full and copious testimonie of all the eminent , learned , godly , and renouned writers , martyrs , pillers . and fathers of our church from the very infancy of her reformation to this praesent ; not one of them so much as as once oppugning the truth or orthodoxie of all or any of them ; and shall wee , may mee , can we now be so ridiculously absurd , so audaciously irreligious , as once to question ; whether they are the receiued doctrines of our church or no ? doutlesse if the church of england hath any truthes or doctrines in her , these must , these cannot but be they ; since i dare boldly auerre , because i doubt not but to proue it ; that no points of doctrine whatsoeuer , ( no not the points of iustification by faith alone , of transubstantiation , or of the sacrament in both kinds , ) haue beene more punctually , frequently , vnanimously , and copiously defended , then all , or most of these , who haue all the learned of our church their open and professed aduocates . if any man now be so strangly obdurated , so wilfully blinded with popish & arminian errors , that he will not yet subscribe vnto these euident and most apparant orthodox conclusions , not yet acknowledge them for the ancient , the vndoubted doctrine of the church of england , let him giue me leaue to vouch some other praecedents and records which shall force him to confesse it . the intire church of england consists of three grand members : the church of ireland , the church of scotland , and the church of england , the mother or mistres of the other two : if then i can vncontroulable euidence , that these three seuerall churches did constantly heretofore , and doe as yet vnanimously acknowledge , defend , and iustify these our anti-arminian conclusions , the victory , triall , and points in praesent issue must be yeelded to me . for the church of ireland ; it s out of quaestion , that she hath alwayes both in ancient and moderne ages concluded with vs. for in ancient times , in the points of the immutabisity , aeternity , and freenesse of gods election ; the praedetermined number of gods elect ; the infallible certainety of their effectuall calling and saluation : reprobation , freewill , and vniuersall grace , we shall finde a saint gallus , b sedulius , and c claudius , three ancient irish fathers , and with them the ancient irish church ; concurring fully with vs , and with st. augustine , in these our orthodox positions , as that reuerend , learned , and incomparable irishman , doctor vsher , arch-bishop of ardmagh , the honor of our church , and glory of his nation , hath euidently , and largely proued , in his epistle of the religion professed by the ancient irish , bound vp at the end of sir christopher sybthorpes workes . page 7. 8. 9. to which i will referre you . what the moderne doctrine of the church of ireland is , the fore-recorded articles of ireland , composed in the conuocation at dublin : in the yeere 1615. which conclude in terminis for vs , together with bishop vshers answer to the iesuits challenge , his now recited epistle , and sir christopher sybthorpes aduertisement . cap. 7. 8. sufficiently euidence : so that both the primatiue , and praesent irish church are wholy , fully for vs , point-blancke against our opposites . that the ancient and moderne church of scotland hath suffragated vnto our conclusions , it is vndeniablie euident , by their vnanimous and * generall confession of the true christian faith and religion , subscribed by king iames himselfe , his houshold , with sundry others at edenborough the 28. of ianuary , in the yeere 1581. being the 14. yeere of his maiesties raigne . articles : of originall sinne : of election , of faith in the holy ghost : of the cause of good workes : of the church , of the immortality of the soule , by m. knox in his answ. against the aduersaries of gods. praedestination : by master rollocke , rector of the vniuersitie of edinburgh , his commentary on the ephesians . cap. 1. 2. 3. and 5. and on psalme 51. by master william cowper bishop of galloway in scotland , once minister of perth , in his heauen opened , on rom. 8. v. ●9 . 28. to the end , and in sundry other of his workes . by master iohn weenise his portraiture of the image of god in man. cap. 16. of freewill , where all , or most of these arminian point● are pithily discussed . by sharpius a learned scot , professor of diuinity now in dyon : tractatus de iustificatione . cap. 5. and syntag●●a theologiae , who all concurre vnanimously with vs in these our praesent conclusions , which they professedly and pertinaciously maintaine and iustify . that the primatiue church of england hath suscribed to our praesent assertions ; her ancient a publicke opposition to pelagianisme , her b bede , her c anselme , her d bradwardine , and e wickliffe testify ; in that they constantly adhaered to st. augustines , and so to our assertions , as the vndoubted truth , oppugning these now arminian , then pelagian . tenents , as dangerous and grace-opposing errors , as their places quoted in the margent , and in part recited in my perpetuity . p. 257. 261. &c. will more at large declare . the ancient church of england , and these her famous writers , were professed anti-pelagians , therefore anti-arminians . what this our church hath beene of latter times , the fore-recited euidences , and authors doe abundantly testify : i need not here repeat it : i will therefore onely adde some further euidences , to proue , our anti-arminian positions to be ; our arminian noualties not , to be , the ancient receiued and vndoubted doctrine of our church . my first , of these more full and puctuall euidences , is the ingeminated confession and reiterated protestation of of the heades of the vniuersity of cambridge , in a memorable letter of theirs purposely written about the suppression of these new arminian errors to their honoured chancellor , and subscribed with their seuerall hands . march 8. 1595. which letter i haue truely transcribed out of the originall coppy , ( remaining in the hands of doct. g : who can produce it if occasion serue , ) in sor●e as followeth . right honourable , our bounden dutie remembred ; wee are right sorry to haue such occasion to trouble your lordship ; but the peace of this vniuersity and church ( which is deare vnto vs ) being brought into perill , by the late reuiuing of new oppinions , and troublesome controuersies amongst vs , hath vrged vs ( in regard of the places we here sustaine ) not onely to be carefull for the suppressing the same to our powers , but also to giue your lordship further information hereof as our honourable head , and carefull chancellor . about a yeere past ( amongst diuers others who here attempted publikely to teach new and strange opinions in religion , ) one a master barret more boldly then the rest , did preach diuers popish errors in saint maries , to the iust offence of many , which he was inioyned to retract , but hath refused so to doe in such sort as hath beene praescribed him : with whose fact and opinions your lordship was made acquainted by doctor some the deputis vice-chancellor . hereby offence and diuision growing , as after by doctor baroes publike lectures a●d doterminations in the schooles , contrary ( as his auditors haue informed ) to doctor whitakers , and the b sound receiued truth euer since her maiesties raigne , c wee sent vp to london by common consent in nouember last , doctor tyndall , and doctor whitakers , ( men especially chosen for that purpose ) for conference with my lord of canterbury , and other principall diuines there , that the controuersies being examined , and the truth by their consents confirmed , the contrary errors , and the contentions thereabout might the rather cease : by whose good trauell with sound consent in truth , such aduice and care was taken by d certaine propositions ( containing e certaine substantiall points of religion , taught and receiued in this vniuersity and church during the time of her maiesties raigne and consented vnto , and published by the best approued diuines both at home and abroade ) for the maintaining of the same truth and peace of the church , as f thereby wee inioy●ed here great and comfortable quiet , vntill doctor baroe ( in ianuary last , in his sermon ad clerum , in saint maries * contrary to restraint and commandement from the vice-chancellor and the heads ) by renewing againe these opinions , disturbed our peace , whereby his adhaerents and disciples were and are much emboldened to maintaine false doctrine , to the g corrupting & disturbing of this vniuersity and church , if it be not in time effectually praeuented . for remedy hereof , we haue with ioynt consent and care ( vpon complaint praeferred h by diuers batchellors in diuinity , ) proceeded in the examination of the cause according to our statutes and vsuall manner of proceeding in such causes : whereby it appeareth by sufficient testimonies , that doctor baroe hath offended in such things , as his articles had charged him withall . there is also since the former , another complaint praeferred against him by certaine batchellors in diuinity , that he hath not onely in that sermon , but also for the space of these 14. or 15. yeeres , taught in his lectures , preached in sermons , determined in the schooles , and printed in seuerall bookes diuers points of doctrine , not onely contrary to himselfe , but also i contrary to that which hath beene taught and receiued euer since her maiesties raigne ; yet agreeable to the errors of popery , which we know your lordship hath alwayes disliked and hated : so that we ( who for the space of many yeeres past , haue yeelded him sundry benefits and fauours here in the vniuersity being a stranger , and forborne him when hee hath often himselfe , busie & curious inalienarepublica , broached new and strange questions in religion , ) now vnlesse k we should be carelesse of maintaining the truth of religion established , and of our duties in our places , cannot l ( being resolued and confirmed in the m truth of the long professed and receiued doctrine , ) but continue to vse all good meanes , and seeke at your lordships hands some effectuall remedy hereof , least by permitting n passage to these errors , the whole body of popery should by little and little breake in vpon vs , to the ouerthrow of our religion , and consequently the withdrawing of many here and elsewhere from true obedience to her maiestie . may it therefore please your good lordship to haue an honourable consideration of the premises , and ( for the better maintaining of peace , o and the truth of religion so long and quietly receiued in this vniuersity and church , ) to vouchsafe your lordships good ayde and aduice , both to the comfort of vs , p ( wholy consenting and agreeing in iudgement , ) and all others of the vniuersity soundly affected , and to the suppression in time , not only q of these errors , but euen of grosse popery like by such meanes in time , easily to creepe in among vs ( as wee finde by late experience it hath dangerously begun : ) thus crauing pardon for troubling your lordship & commending the same in prayer to the almighty god , we humbly take our leaue , from cambridge the 8. of march. 1595. your lordships humble and bounden to be commanded , roger goade , procan , r. some , thomas legge , iohn iegon , thomas neuill , thomas preston , humphry tyndall , iames mountague , edmund barwell , iames chaderton . the seuerall obseruations from this letter i haue briefely touched in the margent : yet giue me leaue to trauerse them once againe , since repetition will make them more obseruable . first , it is euident by this letter , that the articles of lambheth are no fained , no priuate articles or priuate spirits , as some repute them : since not only our two arch-bishops , and their other associates , but euen the whole vniuersity of cambridge concurred in their composition in their two famous doctors , tyndall and whitakers , men specially chosen by them for this purpose . secondly , that the articles of lambheth ( which were afterwards printed at cambridge , by themselues , and since that with the last lectures of doctor * whitakers , ) were after their constitution approued , and receiued by the vniuersity ? of cambridge , who inioyed much peace and quiet by them : which disproues that forged storie of * coruinus , touching the reuocation of the articles by queene elizabeth , and of bishop whitgifts incurring a praemunire , and the queenes displeasure by them thirdly , that the articles of lambheth containe in them , no noualties , but only the substantiall points of religion taught and receiued in the vniuersity of cambridge , & the church of england , and consented vnto by the best approued diuines , both at home and abroad , during the whole raigne of queene elizabeth : therefore we may safely embrace them , as a full declaration of the professed and vndoubted doctrines of our church . fourthly , that our anti-arminian conclusions ( directly opposite to barrets and baroes errors , which this letter mentions ) are the resolued and confirmed truth , yea the receiued , established , and long professed doctrines of the chuch of england , and the vniuersity of cambridge . fiftly , that the arminian errors ( for these only were barrets and baroes errors of which this letter speakes ) are agreeable to popery , and quite contrary to the religion taught and receiued in the church of england , euer since queene elizabeths raigne . sixtly , that arminianisme is but a * bridge or vsher vnto grosse popery , yea a meanes to * draw away subiects from their obedience to his maiestie , and to bring in the whole body of popery into our church by little and little : then all which obseruacions , there can be nothing more punctuall or aduantagious for our anti-arminian positions , more opposite or disaduantagious to these arminian errors . compare this letter and its seuerall passages , with the recantation of barre● , with the * vniuersity order formerly quoted ; and then it will be vndeuiably euident , that our praesent assertions were formerly held the vndoubted and resolued doctrines of the church of england by the whole vniuersity of cambridge ; and dare any of her heads or members disclaime , or disauow them now ? my second euidence , is the authority and resolution of my much honored mother , the vniuersity of oxford : who from her learned diuinity professor , peter martyrs time , ( who planted and propagated our anti-arminian assertions in her , in king edwards dayes , by his excellent lectures on the * epistle to the romans , ) hath constantly to this very praesent embraced , professed , and publikely defended our present positions in her diuinity schooles , as the vndoubted truth and doctrine of our church : witnesse the 4th . thesis of her incomparable reinolds : ( sancta catholica ecclesia quam credimus , est ●aetus vniuersus electorum dei. ) tractata in schola theologica : nouem . 3. 1579. the solemne anti-arminian lectures , of her reuerend and learned regius diuinity professor , doctor robert abbot , late bishop of salisbury : de gratia & perseuerantia sanctorum : and * de veritate gratiae christi : read publikely in her diuinity schooles , in her act time , in the yeeres 1613. 1614. 1615. the professed anti-arminian lectures , of her vnparalled praesent regius diuinity professor , doctor iohn prideaux , de absoluto reprobationis decreto : de scientia media : de gratia vniuersal● de conuersionis modo : de perseuerantia sanctorum : de salutis certudine . and de salute ethnicorum : all which were solemnely read in her diuinity schooles at her publike acts , in the yeeres 1616. 1617. 1618. 1619. 1621. 1622. 1623. the publicke anti-arminian lectures of her iudicious and learned late lady margaret professor , d. sebastian benefield , de sanctorum perseuerantia : lib. 2. reade solemnely in her schooles in the yeere 1617. and since that printed at franckfort for their better dispersion into the parts of germany , in the yeere 1618. together with the late act questions , of her proceeding doctors of diuinity in the yeere 1627. which i shall here set downe in briefe as i find them printed . qvestiones in sacra theologia discvtiendae oxon●●in vesper●s septimo die ivlh an. do . 1627. quaestiones inceptoris accepti frewen . an praedestinatio ad salutē sit propter praeuisam fidem ? neg. praedestinatio ad salutem sit mutabilis ? neg. gratia ad salutem sufficiens concedatur omnibus ? neg. quaestiones inceptoris cornelij burges . an veri fideles possint esse certi de sua salute ? aff. fides sem●l habita possit amitti ? neg. vera sides caedat in reprobum ? neg. quaestiones inceptoris christophori potter . an e●●icatia gratiae pendeat a libero influxu arbitrij ? neg. christus diuinae iustitiae , vice nostra propri● & integre satiffecerit ? aff. ipse actus fidei , 〈◊〉 credere , imputetur nobis in institiam , sensu proprio ? neg. all these recited testimonies of this my famous mother vniuersity , who hath constantly bent her selfe against arminius and his followers : together with the late conuinction of one brookes , ( a yong vngrounded diuine , ) before her heads , for broaching some arminian tenents in a sermon at saint maries ; doe vndoubtedly proue our anti-arminian assertions , thus constantly defended , professed , and resolued by her chiefe professors , the vnquae●tionable and receiued doctrines of our church . that which both our vniuersities haue constantly embraced , professed & patronized since the reformation to this presēt , must needs be the ancient receiued , and vndoubted doctrine of our church : but both our vniuersities haue euer from the beginning of reformation to this present , euen constantly embraced , professed , and protected our anti-arminian positions , but oppugned their arminian opposites : ( this the present , with the praecedent and subsequent euidences will infallibly demonstrate . ) therefore they must needs be the ancient receiued , and vndoubted doctrine of our church . my 3. euidence is the expresse confession of three reuerend diuines of speciall note and credit in our church : the first of them is famous doctor whitakers , who informeth vs in his last * sermon : that the church of england euer since the ghospell was restored to 〈◊〉 , hath alwayes held and embraced this opinion of election and reprobation which he there ( and we here ) maintaines . this bucer ( saith he ) in our vniuersity ; this peter martyr at oxford , haue professed : two eminent diuines , who haue most abundantly watered our church with their streames in the dayes of king edward ; whose memories shall be alwayes honourable among vs , vnlesse we will be most vngratefull : * this opinion their auditors in both our vniuersities ; the byshops , deanes , and other diuines , who vpon the aduancement of our famous queene elizabeth to the crowne , returned either from exile , or were released from the prisons into which they had beene thrust for the profession of the ghospell : or saued from the hands of persecuting bishops : those by whom our church was reformed , our religion established , popery thrust out and quite destroyed , * all which we may remember , though few of this kinde be yet liuing . * this opinion ( i say ) they themselues haue held , and commended vnto vs : in this faith haue they liued , in this they dyed , in this they alwayes wished that wee should constantly continue : and shall wee then renounce this opinion , or quaestion whether it be the doctrine of our church or no ? lastly , i appeale ( saith he ) to our confession ; in which i am perswaded the same doctrine which i haue this day handled is not obscurely deliuered : not only because all our articles were composed by the disciples of bucer and martyr , but euen out of the very words and meaning of the confession : and so he proceeds to proue his doctrine to be warranted by our 17. article by 5. seuerall arguments . the second witnesse is reuerend bishop carlton in his examination of master mountagues appeale cap. 2. where he writes thus . the church of england was reformed by the helpe of our learned and reuerend bishops , in the dayes of king edward the sixt , and in the beginning of the raigne of queene elizabeth . they who then gaue that forme of reformation to our church , held consent in doctrine with peter martyr , and martin bucer , being by authority appointed readers in the two vniuersities : and with other then liuing , whom they iudged to be of best learning and soundnesse in the reformed churches : and of the ancients especially with st. augustine , and were carefull to hold this vnity amongst themselues , and with the reformed churches . for that these worthy bishops who were in the first reformation , had this respect vnto p. martyr , and m. bucer , it is apparent , both because the doctrine of our church doth not differ from the doctrine that these taught , and because that worthy arch-bishop cranmer caused our leiturgy to be translated into latine , and craued the consent and iudgement of m. bucer , who gaue a full consent thereto , as it appeareth in his workes , inter opera anglicana . and p. martyr being likewise requested , writeth in his epistles touching that matter , his iudgement and consent of the gouerment and discipline of our church . this vniformity of doctrine was held in our church without disturbance , as long as those worthy bishops liued , who were employed in the reformation . for albeit the puritanes disquieted out church about their conceiued discipline , yet they neuer mooued any quarrell against the doctrine of our church , which is well to be obserued . for if they had embraced any doctrine which the church of england denied , they would assuredly haue quarrelled about that aswell , as they did about the discipline . but it was then the open confession both of the bishops and of the puritanes , that both parts embraced a mutuall consent in doctrine , onely the difference was in matter of inconformity : then hitherto there was no puritane doctrine knowne . the first disturbers of this vniformity in doctrine , were barret and baroe in cambridge , and after them thompson . ●arret and baroe began this breach in the time of that most reuerend prelate , arch-bishop whitgift . notwithstanding that these had attempted to disturbe the doctrine of our church , yet was the vniformity of doctrine still maintained . for when our church was disquieted by barret and baro , the bishops that then were in our church , examined the new doctrine of these men , and vtterly disliked and reiected it : and in the point of predestination confirmed that which they vnderstood to bee the doctrine of the church of england against barret and baro , who oppugned that doctrine . this was fully declared by * both the arch-bishops , whitgift of canterbury , and hutton of yorke , with the other bishops and learned men of both prouinces , who repressed barret and baro , refuted their doctrine , and iustified the contrary , as appeareth by that booke , which both the arch-bishops then compiled . the same doctrine which the bishops then maintained , was at diuers times after approued , as in the conference at hampton court , as will be hereafter confirmed . and againe it was confirmed in ireland , in the articles of religion in the time of our late soueraigne , articulo 38. the author of the appeale pleadeth against the articles of lambheth , and iustifieth the doctrine of barret , baro and thomson , auerring the same to be the doctrine of the church of england . this he doth not by naming of those men , whose names he knew would bring no honour to this cause : but by laying downe and iustifying their doctrines , and suggesting that they who maintained the doctrines contained in the articles of lambheth , are caluinists and puritanes : so that those reuerend arch-bishops , whitgift and hutton , with the bishops of our church , who then liued , are in his iudgement to be reiected as puritans . the question is , whether of these two positions wee must now receiue for the doctrines of our church : that which barret , baro , and thompson would haue brought in , which doctrines were then refuted and reiected by our church ; or that doctrine which the bishops of our church maintained against these men , which doctrine hath been since vpon diuers occasions approued ? if ther were no more to be said , i dare put it to the issue before any indifferent iudges . thus far this reuerēd bp. whose testimony alone might sufficiently determine our present controuersie . the third witnesse is doctor samuel ward in his concio ad clerum , preached in st. maries in cambridge , ianuary 12. 1625. page 45. this also ( saith he ) i can truely adde for a conclusion ; that the vniuersall church hath alwayes adhaered to st. augustine in these points , ( speaking before of some anti-arminian conclusions , all which are fully related in his suffragium brittanorum , annexed to this clerum , ) euer since his time till now : the church of england also from the beginning of reformation , and this our famous academie , with al those who from thence till now , haue with vs enioyed the diuinity chaires , if we except one forraigne . french man , ( to wit , peter baro , ) one , i say , who by the vigilancy of our ancestors , and the large authority of the most reuerend arch-bishop whitgist was compelled to renounce his chaire , haue likewise constantly adhaered to him : and if to him , then certainly to vs , as the 2. part of his 7. to me which makes wholy for vs , will infallibly euidence : by these three seuerall testimonies it is abundantly euident , that our diuinity professors and first reformers of religion in king edward the 6. his dayes : our reuerend and learned orthodox diuines that either suffered , or escaped martyrdome in queene maries dayes : our bishops , diuines , and learned cleargie , who composed our articles in queene elizabeths dayes : our famous vniuersities of oxford , and cambridge , with all their diuinity professors from the beginning of reformation to this present ; ( excepting baro , who was conuented , and in a manner expelled for his erronious tenents , ) together with the whole church of england from her first reformation to this instant , haue constantly approued , vnanimously embraced , and resolutely maintained our anti-arminian conclusions , as the vndoubted resolutions and doctrines of our english church : and will any man now be so audaciously absurd , as to call them into question , whether they are the doctrines of our church or no ? not to speake of a master samuel ward , or b master carpenter , or c m. deubtie , or other of our late vnrecited writers , who condemne arminianisme in the grosse : not yet to mention any of the fore-quoted authors : my 4th . euidence to proue our anti-arminian tenents the vndoubted doctrines of our church ; is the authorized translating and printing in our english dialect , not only of st. augustines cheife workes against the pelagians ; but euen of caluin , beza , zanchius , bucani●● , trelcatius , bastingius , vrsin , kimedoncius , piscator , fayus , olenian , iunius , reniger , and moulins , workes against the pseudo-lutherans , and arminians , who passe for orthodox and approued authors in our church , whom some stile a caluinist . certainely if the doctrine of our english church , were various from these authors tenents , they being the greatest anti-arminians this day exstant ; their names would neuer be so venerable , their workes not so highly esteemed in our church , as to be thus englished , authorized , sold , and printed here among vs ( as we know they are ) without controll : since then our church hath thus indenized and adopted these forraigne authors with their anti-arminian writings ; since she thus claimes them for , and rankes them with her owne , her doctrines questionlesse are the same with theirs ; and so wholy ours , not our arminian opposites , whom all these pointblancke oppugne . you haue seene now , pious readers , what plentifull numerous , punctuall , full and faire euidences , records and witnesses , of all sorts , and ages our anti-arminian tenents haue produced , to vindicate and proue themselues the ancient , established , professed , resolued , and vndoubted doctrines of the church of england : let vs now examine on the other side what euidences , what testimonies these arminian errors can rake vp together , to intitle themselues vnto our church . first of all , they haue none of the fore-quoted article● , hom●lies , common prayer booke , chatechismes , syn●d , or recantation ; no publike record or monument of our reformed church to iustify them ; yea all these ( as our church hath alwayes hitherto expounded them ) doe positiuely condemne them for insufferable and branded errors . secondly , there is neuer a martyr , neuer a diuinity professor in either of our vniuersities , ( baro , a spurious frenchman excepted , ) neuer an orthodox or approued english writer that i know off from the beginning of reformation to this instant , that can giue in any euidence in one particular point , ( much lesse in all points ) on their side , being rightly vnderstood ; where as we haue produced a whole century of authors , if not more , against there . the only authors that they can produce , and those but partiall maimed , and obscure witnesses , not intire , or perspicuous ; are d peter baro in queene elizabeths : e thompson in king iames , and f m. mountague , and g iackson in king charles his raigne : men branded and condemned in our church . the first of these being an exortique frenchman , was solemnely conuented and censured for his erronious bookes and tenents ; first at lambeth , by the composers of the lambheth articles , and afterwards in the * vniuersity of cambridge by all the heads of houses , vpon the complaint of diuers batchellors of diuinity : vpon which i he● was forced to forsake that vniuersity , and our kingdome too , this branded and illegall witnesse then , being at the very best a forraigner , doth only marre , not helpe their cause : the second was but an anglo-belgicus , a dissolute , ebrious and luxurious english-dutchman : k his booke was denyed licens here , as being contrary to the doctrine of the church of england ; and being printed at leyden after his death for want of licens here ; it was presently refelled by a reuerend and learned prelate of our church , doctor robert abbot , bishop of salisbury , whose booke now extant , was imprinted by authority ; and dedicated to our royall soueraigne , then prince of wales . if then the life , or posthumus booke of this second witnesse be examined , his testimony will but cast , not further , not aduance their right : the third of these witnesses ( who was lately rumored to disclaime his testimony , and will either euade , or else withdraw , and retract his euidence when he comes to triall , ) as he is a principal in the present controuersie , & so no competent iudge or witnesse ; so he hath beene 4. seuerall times impeached by the high court of parliament , for giuing false testimony in the points in issue : besides , his testimony is wauering , dubious , and repugnant to it selfe , and it hath beene counterpleaded by diuers of our church , and generally disclaimed by most , as false and spurious : therefore it doth but weaken , yea , betray their cause , and strengthen oures . the last of these being transported beyond himselfe with metaphisicall contemplations , to his owne infamy , and his renowned mothers shame , ( i meane the famous vniuersity of oxford , who grieues for his defection , from whose duggs he neuer suckt his poysonous doctrines , ) as his euidence is intricate and obscure beyond the reach or discouery of ordinary capacities ; so it hath beene blanched and blasted by a parliament examination ; excepted against by the conuocation house ; answered by some , disanowed by most of our diuines ; his single testimony therefore , ( especially in his owne particular case where he cannot be both a party and a witnesse too ; ) makes nothing for their title to our church . these are the only euidences and authors to my knowledge that our arminian tenents can produce to interest them in our church ; and these , ( all circumstances , being well confidered , ) make flat against them : since our chuch hath vtterly disauowed and distasted them , reiecting , yea condemning these their writings , as diametrally opposite to her established doctrines . if any arminian can produce any other english writers whom our church approues , to patronize these errors , i shall be willing to be informed of them ; for my owne part i neuer met with any but with these . i confesse , that some would wrest bishop hooper to the contrary in the point of reprobation , and vniuersall redemption : but in truth he is for vs , not against vs , in these very points , if rightly apprehended : howeuer he is euidently for vs in the rest : but admit he were not , yet he is but one : * his singular opinion therefore will not preiudice vs ; since we haue an whole century of better & more punctuall witnesses for to backe vs. thirdly , our church hath beene so farre from reputing these her established and receiued doctrines , that she hath conuented & censured such as oppugners of her doctrine , and disturbers of her peace , who haue hitherto published or patronized them in their bookes or sermons : witnesse the solemne conuiction and recantation of barret , baro , and others , in the yeere 1595. * they being the first that broached them in our church : witnesse the recantation of master sympson in cambridge in king iames his latter time , and the late conuention of one brookes in oxford , for broaching these arminian tenents : witnesse the proceedings in parliament against master mountagues and iacksons arminian bookes , which are generally distasted throughout the kingdome : and can any then be so shamelesly audacious , as now for to auerre them , to be the vndoubted , established , or receiued doctrines of our church ? fourthly , the whole armie , streame and torrent of the fore-recited learned authors of our church , both of ancient , moderne , and present times , haue alwayes constantly , professedly oppugned them , as directly opposit to the established & receiued doctrines of the church of england ; as stigmatical , damnable & old-condēned errors , first hatched by pelagius , thē nursed by his followers , fomented by demi-pelagians ; reuiued & propagated by popish schoolemen ; and since that abetted by pseudo-lutherans , socinians , * anabaptists , and arminians : sects branded and condemned in our church : and can we then bee so stupendiously , so damnably absurd , as to affirme or iudge them , the vndoubted , the embraced doctrines of our church ? certainely , that which hath no records , no euidences , no authorized writers of our church to patronize it , all of them to oppugne it : that which our martyrs neuer sealed , but cancelled with their blood ; our first reformers neuer planted , but displanted in our church : our diuinity professors neuer iustified , but condemned in our vniuersity schooles : that which all our authors neuer patronized , but constantly refelled as a branded error , in their writings : that which both our church and vniuersities haue neuer constantly affirmed , but solemnly enioyned men to recant , as expresly contrary to the professed and resolued doctrine of our church ; cannot be the doctrine of the church of england . but this is the case of all the fore-mentioned arminian errors , witnesse all the praemises . therefore they cannot bee the professed and resolued doctrine of the church of england , let arminians vainely boast and babble to the contrary what they will. lastly , that which sundry ancient councels , fathers , and moderne synods , haue positiuely censured and condemned as a pestilent , dangerous , and grace-destroying error : and not so much as one ancient orthodox councell , father , or moderne synod euer ratified : as the ancient , catholicke and vndoubted truth , can neuer be reputed the professed , established , and vndoubted doctrine of the church of england : but sundry ancient orthodox a councels , b fathers , and c moderne synods , haue positiuely censured and condemned these very arminian tenents , as a pestilent , dangerous , and grace-destroying error : and not so much as one ancient councel , orthodox , father , or moderne synod euer ratified them , as the ancient catholicke , & vndoubted truth : therefore they can neuer be reputed , the professed , established , and vndoubted doctrine of the church of england : the affirmatiue part of my assumption , the councels , fathers , and synods , quoted in the margent , with sundry others which i haue at large recited in my perpetuity of a regenerate mans estate , page 213. to 270. ( to which i shall referre you , ) doe fully warrant : for the negatiue part , let our arminians disproue it if they can , since i must needs affirme ; that i know not so much as one ancient councell , or moderne synod , no nor yet one orthodox father of the primatiue church , ( vnlesse d faustus an absolute semi-pelagian , though in shew a professed anti-pelagian , may be reputed orthodox , when as both protestants and papists haue hitherto branded him as vnsound and haeterodox in his tenents : ) that did euer yet maintaine or iustify , these semi-pelagian or arminian errors ; if then they were neuer the receiued or approued doctrines , but the branded haeresies , of the primitiue church ; if they were neuer yet confirmed and setled in any christian church , by any one nationall or generall councell , whether ancient or moderne , though they haue beene censured and condemned by diuers ; they cannot be the established , the vndoubted doctrines of the church of england . you haue he●re good christian readers , both heard , and seene , the seuerall euidences and witnesses which anti-arminianisme , and arminianisme can produce , to intitle themselues vnto the church of england , to which they both of late l●y claime : you haue seene the articles of england , lambheth , and ireland : the common prayer booke , and homelies established in our church : the authorized catechisme of king edward the 6. the questions and answers of predestination : the synod of dort : the recantation of barret : the concurrent consent of all our godly , learned , eminent , and most admired martyrs , writers , and diuinity professors , from the beginning of reformation to this present : the resolution and iudgement of both our famous vniuersities , oxford , and cambridge ; yea the ancient and modern churches of ireland , scotland , and england , with all their orthodox and learned members , giuing testimony too , and iudgement for the one ; but disintitelling , disauowing and sentencing the other , which can finde no full , no punctuall euidence , no competent , indifferent , orthodox , compleat , or absolute , but only branded , censured , and recanting witnesses , ( a which cut the very nerues and heart-strings of their cause ) to giue them any colorable title to , any seeming right or interest in our church : which then of these irreconcilable , incompliable assertions , are the ancient , receiued , established , and resolued doctrines of our church , be yee the iudges . certainely that which hath no full , no pregnant euidences , no legall or vnattainted witnesses , to iustify or cleare its right , or claime : that which was altogether vnknowne , and neuer heard off in our church till now of late ; b that which is yet in quaere , in further search , and discouery , ( and so not yet beleeued by its owne best studied aduocates , the case of rotten pelagian arminianisme : ) can neuer be : that which hath all these fore alleaged charters and testimonies to strengthen , and confirme its right , ( the case and happy condition of anti-arminianisme , ) must of necessity be , the true , the genuine and vndoubted doctrine of our church . let vs therefore now at last without any further scrutinie of debate , exile this spurious and cursed arminianisme ( which hath lately drawne the very curse and wrath of god , with sundry fatall iudgements on vs ) out of our church and state : let vs once more adiudge & sinke it to the very depths of hell , to which it was of old condemned ; as a most pernicious , turbulent , discomfortable , desperate , blasphemous , and grace-oppugning heresie : and since england ( i meane c pelagius a brittaine , and a monke of bangor ) was the first that bred it , let her be now the first to ruine it . as for our anti-arminian conclusions , the ancient , hereditarie , and vnquestionable doctrines of the church of england , and the chiefest treasure , ioy and comfort of our soules , * without which all other comforts and contentments are vnpleasant : let vs lodge them in our hearts , in throne them in our soules , settle them in our iudgements , claspe them in our affections , and so perpetuate and establish them in our church , that all the pollices and powers of hell , all the stratagems and powder-plots of rome , all the combinations and complotments of forraigne enemies , or domestique traytors , ( for d such are all those iesuited and popish factors , who goe about to innouate religion , or to withdraw vs from the doctrines now established in the church of england , as these tenents are : ) may neuer be able to vnsettle , or draw them into question any more . these anti-arminian tenents , they are the very ioy of our hearts , the life of our soules , the foundation of our eternall blisse ; the onely euidences and assurances that we haue to intitle vs to saluation : if these once faulter , or proue false , our ioy , our spirituall comfort , the very grace and glory of god , and our saluation are indangered : if we come once to lose but these , the whole ioy , the treasure , comfort , crowne , and happinesse of all true christians , yea the whole frame and structure of gods grace , and the mysteries of our saluation are vtterly subuerted , and brought quite to ruine . and shall we then forgoe these truthes , which are farre more neare and deare vnto vs then our dearest soules , when we haue thus long , thus constantly , thus abundantly professed them ? these , these are the orthodox and sweete dogmaticall resolutions , which our martyrs blood haue sealed , our first reformers of religion setled ; our ancestors embraced , our artic●es confirmed ; our vniuersities professed ; our church beleeued ; our ministers subscribed ; our protestant kings , and queenes defended : our preachers published ; our laity receiued ; our parliament particularly voted , owned , and protected : our writers propagated , and professedly maintained against all hereticall oppugners whatsoeuer : ( which they would neuer haue done , had they beene meere curious scoole-points , nicities , or needlesse speculations onely , as some repute them : ) and we our selues long since acknowledged , yea readily entertained as our owne vndoubted and professed doctrines : and shall we then disclaime , or doubt them now ? these are those blessed , gracious , and tutelary doctrines , which haue thus long guarded and secured both our church and state : these are the bulwarks which haue a long time kept out popery and romish tyranny from ; that haue preserned peace and vnity in our church , which now is almost ouer-runne with popery and arminianisme , with sundry errors and diuisions , since these haue fallen to decay , and lost their credit with vs. these were the truthes that secured vs from the spanish armado in 88● * from the barbarous , vnnaturall , and infernall powder-treason , in 1605. the very memory of which should make al papists , priests , & iesuits , with their bloudy anti-christian religion which now creepes in vpon vs , for euer execrable to all english hearts . these were the procurers of our ancient glory , and renown : of our prosperity and welfare , our victories and triumphs both by sea and land : these made vs honorable , wealthy happy , and victorious for 60. yeeres and vpward ; ( and we had yet no doubt continued such , had we not of late reuolted from them , and giuen harbor to those popish , those pestilēt arminian errors , which haue wasted both our church and state , and plunged them into such a gulfe of sundry miseries , as is like to swallow them vp at once , vnles the power of heauen proue their rescue : ) and shall we then begin to waiue them , or forsake them now ? these are the e immortall seed which did beget vs at first ; these , f the sincere milke that nourished vs : these g the strong meat that must corroborate vs : these the h celestiall cordialls which must comfort vs in all our deiections : these the i ancre which must secure , and hold vs vp from sinking , in the middest of all our troubles : these the k armor that must shield vs in all our spirituall combates : yea these are the doctrines which l must beget , and perfect grace within vs : m which must conuert and saue our soules : in these were wee and ours borne ; in these haue we liued ; ( and if we euer hope for any grace or glory , peace or safety , any present or future happinesse o● prosperity for our selues , or our posterities after vs , in these let vs , and oures liue , and dye . finis . leo epistolarum decreta●●●um epist. 75. cap. 1. nullus vltra sin●tur impet●re qu● non tamhumanis quam diuinis s●nt statuta decretis : ne vere digni sint dei munus amittere , qui de veritate ●ipsi●s ausi fuerint dubitare . gentle reader , i shall desire thee to correct these few materiall errataes , which by the improuidence of the printer , and corrector , haue escaped the presse : for other litterall scapes which doe not vitiate the ●ence , i hope thou wilt pardon them of course . errata . page 13. l. 22. p. 46. l. 2. p. 49. l. 34. p. 51. l. 4. p. 54. l. 34. p. 80. l. 2. p. 81. s. p. 111. l. 34. p. 121. l. 30. p. 136. l. 6. for p. 43. to 48. conuinced wordes of for all this psal. 2. este●● enioyned err●s reade page 54. conuented . workes . or . all . his . phil. esteius . enioyed . errors . notes, typically marginal, from the original text notes for div a10180-e130 a pluralities , nonresidents , & commendaes which are tollerated and admitted by the statute of 25. h. 8. cap. 16. 20. & 61. 1 & 2. phil. & mary cap. 8. 21 h. 8. c. 13. et 28. c 13. are dissalowed by the common law. * epistle dedicatory to mr. cozens his cozening deuotions . b see mr. iohn northbrooke his po●re mās garden . cap 48 bb i●wels defence of the apologie pa●t 2. c. 2. diuision 1. ● . 522. &c bb. bilson of christian subiection , and antichristian rebellion part 3. neere the the end , where this point is largely prooued . c 2. h. 4. c. 15. 2. h. 5. cap. 7. 25. h. 8. c. 14. 31. h. 8. c. 8. 14. 32. h. 8. c. 15. 25 34. h. 8. c. 1. 1. mar●ae sess. 2. c. 2. 1. & z. phil. & mar. cap. 8. * 28. h. 8. c. 10 34. h. 8. cap. 1. 1. ed. 6. c. 1. 2. & 3. ed 6. cap. 10. 11. 12. 5. & 6. ed. 6. cap. 1. 3. 12. 1. eliz. c. 1● 2. 13. eliz● c. 12. 8. eliz● cap. 1. d see the history of the waldenses , booke 1. c. 1●● e bb. iewel , bb. bilson , and mr. northbrooke letter ( c ) and mr. tyndall , obedience of a christian man pag. 137. 138. f 23. h. 8. c. 14. g 1 eliz c. 2. h 27. h. 8. cap 15. 3 & 4. ed. 6. cap. 11. i 1 eliz. c. 1. 13. eliz. c. 12. see ca. 32. h. 8. cap 15. 31 h. 8. c. 14. k 13. eliz. c. 12 l see doctor whites way to the tr●e church . digresse 2. m acts 17. 11. iohn 7. 17. ca. 10. 4. 10. 15. 27 1 cor. 12. 10. 1 thes. 5. 21. 1 iohn 4. 1. 2. 3 2 iohn 6. 7. 10. gal. 1. 7. to 11. math. 7. 15. 2 pet. 3. 17. a math. 11. 21. to 25. luke 10. 12. to 16. * three of their bookes were not lycensed . * gal. 1. 6. cap. 3. 1. 2. 3. 4. * the articles of ireland cōposed 1615. & the synod of dort : 1619. 1620. haue resolued al these points in terminis . b eusebius eccles. hist. l. 4 cap. 15. niceph : calist eccles. histor. l. 3. c 34. * mr. tyndall with whom we begin our catalogue was martyred in the yeere 1536. iohn frith in the yere , 1533. dr. barnes in the yeare 1541. king edward was crowned in the yeare 1546. so that these points haue continued in our church well-nigh an 100. yeares . c isay 51. 3. * prisca parēnescit , aequalem poster● nullum exhibitura dies : praeteritis m●li●r ma●orque futuris . cābdeni brittan . pag. 160. d sunt enim quidam qui sustissime damnatas impietates , adhuc liberius defendendas putant : et surt qui occultius penetrant domos , et quod in aperto non clamare metuunt , in secreto seminare non quiescunt . sunt autem qui omnino siluerunt magno timore compressi : sed adhuc corde retinent , quod ore iam proferre non audent , qui tamen possent fratribus ex ●rioreipsius dogmatis defensione esse notissim●● proinde alii seuerius● coercendi , alii vigilantius vestigand● : alii tractandi guidem lenius , sed non segnius sunt docend● , vt si non timentur ne perdant , non tamen negligantur , no pereant . aug. epist. 105. sixto . it was his speech of the old , i may as truly apply it to our new pelagians . e illustris olim protulit britannia dogma hoc super●●●● , &c. festus hommius in co●onidem gulielmi● arnesij . f hierom. aduersus pelagium ad c●isiphontem : argumentum : prosperi cronich●n . bibliothecha patrū : tom. 5. pars 3. pag 1●2 . bede . ecclesiast . hist : gentis anglorum lib. 1. c. 10. meredith hāmers chronograph p. ●89 . g festus hōmius in core●idem . guliel●●i amesi●● 1618. * multae dum leuiter corriguntur saepius maiorae co●surgunt . cabilonense concil . 1● can. 13. h math. 27. 60 to the end . a concilium palestinum● africanum . arausicyaum : b synod of dort , 1619. 1620. conuocation of ireland , 1615. in their articles then composed * hierom. contra pelagianos augustin . 7. tom-pars . 2. prosper . fulgentius bernard . orosius . bradwardine . notes for div a10180-e1890 a in●egritas praesidentium , salus est subditotum . nam totius familiae domini status et ordo nutabit , si quod requiritur in corpore , non inveniatur in capite : leo epist : 87 : cap : 1 b o●osius , de libertate arbitrij apolog : contra pelagium , stiles it : nefaria haeresis : venatissimorum dogmatum abominatio ; serpens , suffocansque halitus ; c beneficium datur propter officium , concil : lateran , sub leone 10 , sess : 9 , ●urius concil : tom : 4. pag : 635 : b. d see plutarch de his qui sero a numine puniuntur . diogenes laert lib 8. pythagoras . platonis phaedon : tertullian de anima , hierom . epist. 59. cap. 2. e haec venenatissimorum dogmatum abominatio habet etiam nunc viventes mortuos , mortuosque viventes . nā crigines , priscillianus , et iovinianus olim apud se mortui in his vivunt ; et non solum vivunt , verum etiam loquunt●r ; nunc vero pelagius et caelestius in his viventes mortui , ecce adversus ecclesiam , quod mi erum est ; et quod multo m●erius est in ecclesia palam sibilant , &c orosius de libertate arbitrii contr . pelag. bibl. patrum , tom 15 p 144. f teterrimus hal●tus nostras quoque partes nescio quo vento●● impetu perflavit , et theologos nost●os nonnullos ita de nentarit , vt relicto fi lei trito , et proba●o tramite , ●n arminii ansractas et praecipicia se commiserint , et dogmate etiamnum destruant articulos religionis , quos prius propria subscriptione confirmarunt . robertus . abbot epise , salisbuciensis , de gratia et persev , ●anctoru● , epist. ded● g stat ergo goliah , proh dolor , in ecclesia , superbia immanissimus , carnah potentia tumidus , omnia se per se posse confidens et non solum stat ; verum et provocat ; simulque per dies plurimos sanctum israel manifesti timoris exprobrat : orosius contra pelag apologia . h orosius ib. i see pag. 10. to 14. 120 to 123. 127 , 128 , 129. k see pag 42. to 48. 120. to 1●5 . l fugit mercenarius a r●ctitudine iust●tiae , a defensione ecclesiae , a liberatione patriae , vel amore blandientis , vel timore persequentis . bernard ad pastores sermo col. 1730 d. m et quidem isti sortiti sunt , ministerii locum , sed non zelum . successores omnes cupiunt esse , imitatores pauci bernard sermo ad cle●um in concilio rhemensi col. 1727 , 1728. & sermo super cantica col. 802. d. n operarii quanto rariores in terris , tanto chariores in coelis habentur . bernard ad pastores sermo . col. 1729. e. o magna laus pa●corum inter malos inquinatos ●ugi virtutum nitore immaculatis vestibus permanere . primasius in apocalip lib 1 fol. 5. b. p fu●es sunt omnes haeretici : hi sunt fures et latrones qui veniunt in vestimentis ovium , intrinsecus autem sunt iupi rapaces quotquot autem venerunt fures sunt et latrones : fures latenter nocendo , latrones aperte saeviendo : bernard ad pastores sermo , col. 1730. d. q page 42 r page 21 s see here p : 10 to 14 : 42 : to 48. 120. to 130. t see pag : 58 , 59. u 2 pet : 5. 4. hebr : 13 : 20. x hebr : 13. 17 1 pet : 5. 2 , ● , 4 2 cor : 5-10 frattes aliam synodum pronuncio vobis vbi dominus sedebit in judicio ; et ibi omnes nos oportet repraesentari ; et ibi deus iuste iudicabit orbem terrarum . ibi omnes nos oportet repraesentati ( nisi quod dici nefas est , mentiatur apostolus ) siue sit papa , siue sit cardinalis , siue archiepiscopus , siue episcopus , siue diues , siue pauper , siue doctus , siue indoctus , vt referat vnusquisque rationem de his quae gessit in corpore , siue bonum , siue malum , et si reddenda est ratio de his , quae quisque gessit in corpore suo ; heu quid fiet de his quae quisque gessit in corpore christi , quod est ecclesia ? &c. bernard : ad clorum in concil : rhemensi sermo , col , 1725. e. y messis quidem multa , et saccrdotes multi , et mercenarii multi , sed operarii pauci : isti voraciori ingluvie lucrorum , infinitas exigunt pecunias : his insatiabili desiderio inhiant ; pro his , ne amittant , timent , et cum amittum , dolent● harum in amore quiescunt . animarum nec casus reputatur , nec salus , bernard ibid : col 1726. d. 1719. e z aman , coli , diligi , maius imperio est : symmachi relatio : ambr. tom. 5. p. 96. e. a see his maiesties declaration , p 20 , 21. b subditi minus meruunt iniurias ab eo principe quem religio um , et deorum cultui deditum arbitrantur ; cique velut commilitones deos et adiutores habenti minus infidiantur . arist. polit. l. 5 cap. 11. sect . 131. magna , praeclaraque res est , quum in aliis vniuersis , tum in imperatore ; religiosum esse , et fidei servantem , talemque cognitum esse . zenophon . orat , de agisilao rege . p 664. d. c errat , si quis existimat tutum ibi esse regem , vbi nihila rege tutum est . securitas securitate mutua paciscenda est . vnum est inexpugnabile munimentum amor civium , &c. sencca de clementia l. 1. cap. 19. d castorinas quaerimus et sericas vestes . et ille inter episcopos secredit altiorem , qui vestem induerit clariorem . ambr. de dignitate sacerd c 5. vbi proh dolor reperiemus episcopos , qui post adeptam dignitatem in humilitate se contineant nempe superbia iis occasio est vt ad tantam dignitatem aspirent , vt in ovile christi impudenter irrumpant ; cum tamen per psalmistam dominus dicat : non habitabit in medio domus meae qui facit superbiam , &c. ministri christi sunt , et serviunt antichristo : honorati incedunt de bonis domini , cui honorem non deferunt : vn le hine est iis quem quotidie videmus , meritricius nitor , histrionicus habitus , regius apparatus . inde aurum in fraenis , aurum in sellis et calcaribus . plus nitent calcaria , quam altaria . inde mensae splendidae et cibis et scyphis . inde commessationes et ebrietates inde cythara , et lyra , et tibia , redundantia torcularia , et promptuaria plena , eructantia ex hoc in illud . indedolia pigmentaria , inde referta marsuria . huiusmodi sunt et volunt esse ecclesiarum praepositi , decani , episcopi , et archiepiscopi , &c. dicite ergo archydiaconi , dicite presbyteri , dicant etiam pontifices , in fraenis , in sellis quid facit aurum ? in vestimentis tantus ornatus ? in cibis tam supersluus apparatus ? esca ventri , et venter escis , deus autem hunc et has destruct . quis obsecro , laicorum avidius clericis quaerit temporalia , et ineptius vtitur acquisitis ? cum tantu● fastum videant laici in supellectile clericorum , nonne per eos potius imitantur ad mundum diligendum quam ad negligendum ? medice cura teipsum : si mundum praedicas contemnendum , contemne tu prius , et ad ipsum essicacius alios invitabis . non sic profecto est , sed sicut populus sic et sacerdos : sicut laicus sic et clericus . vterque cupit , vterque diligit mundum et ea quae in mundo sunt . laicus tamen cum labore , sed clerici sine labore volunt possidere totum mundum . communicate volunt cupiditati et superfluitati hominum sed non labori : peecare volunt sed non flagellari cum hominibus : vnde timendum est , quod flagellentur cum daemo●ibus , &c. bernard● ad clerum et ad pastores sermo . col. 1726 , 1627 , 1732. bee farre more to this purpose , super cantica . sermo . 77. de consideratione . lib. 3. & 4. ad gnilielmum abbatem apologia , et declamationes . e 2 cor. 2 16 17. 1 tim. 3. 1 , 2 c. 4 10. to the end c. 5. 17. 18. 2 tim. 2. 1. to 16. mat 9. 37 38. luke 10 2. 7. iohn . 21. 15 , 16 , 17 rom. 16 12. 1 cor. 15. 10. 2 cor. 11. 23. 1 thes 5. 12 episcopatus nomēest operis non honoris . august . de civit dei , l. 19 c. 19. episcopi nomen , non dominium , sed officium : praesides non tam ad imperitandum , quam ad factitandum : sarculo tibi opus est non sceptro : dominatio interdicitur indicitur ministratio . bernard . de consid l. 206. si quis episcopatum desiderat , bonum opus desiderat : opusdixit , non honorem : laborem , non dignitatem : primasius , hierom , haymo , chrysostome , and theophylact. in 1 tim. 3. 1. episcopatus nomen non est in honore , sed in onere : greg. mag. epist. l. 7. epist , 117. f acts 20. 28. ● pet. 5. 1 , 2 , 3 , 4. veri sacerdotes non excellentiam suam cogitant provecti , sed sarcinam : nec gloriantur de officij dignitate , sed sudant potius constituti sub onere . hos non inflammat honor acceptus , sed exercet labor impositus . prosper de vita : contempl : l. 2. c. 2. concil parisiens l 1. c : 4 g se amabiles praebeant , non verbo , sed opere : venerandos exhibeant , sed actu non fascu , bernard . de consid l. 4 c. 4. col. 687. m. hoc affectare , hoc imitari decet : maximum ita haberi , vt optimus simul habeatur . seneca de clementia , l. 1. c. 19. h rev. 21 8. i ier : 23. 1. e. zech . 34. 2 , 3. zech. 11. 17. k ier. 9. 3. l non sunt omnes amici sponsi , qui hodie sunt sponsi ecclesiae : bernard : ad clerum sermo , col : 1727 k m multi catholici sunt praedicando , qui haeretici funt operando : quod haeretici fac●ebant per prava dogmata , hocfaciunt plures hodie per mala exentpla : seducunt scilicet populum , et inducunt in errorem : et tanto graviores sunt haereticis , quan to praevalent opera verbis bernard ad pastores sermo , col : 1732. g. n dan : 7. 9 : 13 22. o vere enim episcopalem vitam sequeris , si per●zelum linguam● ; tuam , hos qui a fidei veritate dissentiunt , in ecclesiae vnitatem reduxeris : greg : mag : epist lib. a. ex registro indict . 11. epist : 59. p 3. & 4 ed. 6 cap. 11. 2. & 3. ed. 6. cap. 1. 5. & 6. ed. 6. cap. 1. 1. eliz. cap. 2. 13. eliz cap. 12 q rubricks in the communion . r against the perill of idolatry ; of the time and place of prayer part 2. p. 131. s article . 22 , 25 , 28 , 34. t canon . 14. 20. 75. u queene eliz . iniunctions , iniunct . 3. 12 , 23 , 25 , 31 , 35 , 49● & ●5 . ●er tables in the church . x pacem habet ecclesia apud extraneos sed filii nequam , filii s●elcrati saeviunt in eam , qui propriam matrem evisceraut , vt se par●a●t in honorem bernard , ad pastores sermo , col. 1●33 . a. z episcopum non aliud nisi episcopalis opera designat ; ex bono opere magis quam professione noscatur ; actione po●ius quam nomine demonstramur . fac taquei vt nomen congruat actioni , actio respondea● nomini ; ne sit nomen inane et crimen immane ; ne sit honor sub imis et vita deformis : ne sit de●fica professio et illicita actio : ne sit religiosus amictus , et irreligiosus provectus . ne sit gradus excelsus et deformis excessus . ne habeatur in ecclesia cathedra sublimor , et conscientia sacerdotis reperiatur humilier . ne locutionem simulemus columbinam , et mentem habeamus caninam . ne professionem monstremus ovinam , et ferocitatem habeamus lupinam , ambrose de dignitate sacerdotali , cap. 3. tom. 4. p. 179. a plerunque suspicionibus laboramus , et illudit nobis illa quae conficere bellum solet , fama : seneca epist. 13. suspiciones quas de aliquo con epimus animum nostrum ab illo reddunt alieniorem . quare qui cupit sibi fidem haberi , has prius a se remoueat est necesse . thucidides histor . lib : 6. p : 571. b fuerunt ante vos qui se totos ovibus pascendis exponerent , pastoris opere et nomine gloriantes ; nil sibi reputantes indignum nisi quod saluti obvium obviare putarent : non quaerentes quae sua sunt , sed impendentes . impendere curam impendere substantiam , impendere et seipsos . vndevnus illorum : et ego , ait , super-impendar pro animabus vestris . bernard . de consid l. ● . c. 2. col 884. k. c pag. 20 , 21 42. * bp. hall , & bp. 〈◊〉 , in their ●etters annexed to bp. hall's reconciler , p●● 84 , 85 d see rom : 5 to 12. ephes. 1. & 2●2 ●im 19 c. 2 19 20 , 21 1 pet : 1 & 2 pet 1. see article 17. articles of ireland : s. august de corrept . & gratia , c : 14 , 15 , 16 & tom 7 : 2 part throughout . calvin instit. lib. 3 cap : 21. peter martyr in rom : 9. sturmius de proedestinatione ; thesis 1. polanus de proedestinatione ; with a lother protestants who haue written of these points , who accord in this , and therefore all protestant churches in their seuerall confessions haue recorded , and defined these as fundamentall truthes , see the harmony of confessions , section 4. to 10. e see pag. 59. 110● f neglecta solent incendia sumere vires . horace epist : l. 1 epist : 18. g see bellar : de iustif● lib : 3 dr. iohn white way to the true church digress : 0 , 41 , 42 bryery his reformed protestant cap : 11. to the end ; bishop mortons protestants appeale , l : 2 c : 10. accordingly h see pelagius redivivus : & heere p 59. i see here p : 122 , 123 , 1●4 . * augustinus pia , constantique doctrina abundan : e● probavit , praedicandam esse ecclesiae praedestinationem , in qua est gratiae praeparatio ; et gratiam in qua est praedestinationis effectus ; et praescientiam dei , qua ante saecula aeterna quiae bus esset co laturus sua dona , praescivit● cuius predicationis quiquis est impugnator , apertissimus est ● clagianae elationis adjutor . prosper . responsio ad excerpta genuertsium : ●ub . 9. fol. 146 , 147. k verba ●piscoporum et clericorum , qui apostolorum sunt filii et haeredes , vim iuratoriam in se habent , vt in iis iusiurandum sit , quod est verbum simplex in aliis : et quod in aliis est simplex periurium , sacrilegium sit in illis , petrus blesensis epist. 51. bibl. patrum , tom : 12. pars 2 p. 741. c. l hebr : 12. 22 m isay : 52 , 8. c 62 6. ezech. 3. 17. c. 33. 2 , to 12 n isay 4 5 , 6. c. 26. 1. psal. 48. 13. o custodia vt sit sufficiens trifaria erit ; a vi tyrannorum , a fraude haereticorum , a tentationibus daemonum : bernard : super cant : ser : 77. col : 80● . b. p isay 56. 10 , 11 , 12. ier : 23. 1 , 2. ezech : 34. 2. 12. non est speculator qui in imo est , speculator quippe semper in altitudine stat , vt quicquid venturū est longe prospiciat . et quisquispopuli speculator ponitur , in altum debet stare per vitam , vt possit prodesse per providentiam . greg : mag : hom : 11. super ezech fol : 284. l. q rom. 16 18. haeretici per dulces semiones corda seducunt innocentium . chrysost hom. 24. in mat. r isay 56. 10. s matth. 7. 15. 2 cor. 11. 14. t isay 56. 9. u isay 56. 10. x ezech 33. 2. to 12 & greg. mag. hom 11 super ezech. see hierom & theodoret in ezech. 33. y ezech. 33 6. 8. c. 34. 9 , ●0 heb. 13. 17. acts. 20. 26. 27. sanguis ergo morientis de manu speculatoris requ●itur quia peccatum subditi , culpa esse praepositi si tacuerit reputatur ; quia ipse buncoccidit , qui em● tacendo morti prodidit . greg. mag. hom 12. super ezech. z isay 2● . 8. hab. 2. 1. a psal. 121. 4 , 5 , 6. b isay 62. 6. c nehemiah 4. 21 , 22 , 23. d nehem. 4. 17 , 18. e nehem : 4. 7. 10 15. f super cantica sermo 77. col : 802. d. ad clerum sermo col. 1728. ● . g ier : 23. ● . ezech : 34. 2. see bishop iewels exposition on the thessalonians , p. 196. h matth : 6. 14 15 , 16. phil : 2● 15. i math : 6 22 , 23. 1 cor : 12. 16. 21. rev : 3. 8. c. 5 6. k 1 sam : 9. 9. 11. 18 , 19. 2 king : 17 13. 2 chro : 33. 18 , 19 isay 30 10. l acts 20 , 28 hebr. 13. 17. 1 pet : 5 2. m ezech : 33. 2 to 12. n isay 58. 1. o isay 21. 8 , 9. p math : 5 , 14 , 15 , 16. c. 6. 22 , 23. q luke 1. 79. r mat : 15. 14. s isay 56. 10. t micah . 3. 6. matth : 14 29. u lucerna quae in semetipsam non ardet , eam rem cui supponitur non accendit greg : mag : hom : 11. super ezech. x isay 29. 10 , 11. c. 56. 10. y 1 pet. 5. 3. ezech : 34. 4. 3 iohn : 10. math : 20. 25 , 26 , 27. luke . 22. 24 , 25 , 26. z quanti presbytteri constituti obliti sunt humilitatis ; quasi ideitco fuerunt ordinati , vt humiles esse desisterent . quin potius humilitatem sequi debuerant , quia dignitatem fuerant consequuti ; dicente scriptura : quanto magnus fueris , tanto humilia teipsum origen in ezech : hom : 9. tom : 2. fol : 188. h. peccat autem in deum quicunque episcopus , qui non quasi conservis servus ministrat , sed quasi dominus : frequenter autem et quasi amarus dominus dominans per vim , similis constitutus egyptiis qui affligebant vitam filiorum israel cum vi . ergo memores esse debent verborum christi . principes gentium dominantur iis , et maiores eorum potestatem exercent in eis ; inter vos autem non sic erit , &c. origen in mat : hom : 31. tom : 3. fol : 66. b. c. as hoc tantum potentes effecti sumus , vt nobis in subiectos dominationem tyrannicam vindicemus , non vt afflictos contra potentium violen●iam qui in eos ferarum more saeviunt defendamus . prosper de vita . contempl. l. 1. c. 21. multi autem cum regiminis iura suscipiunt , ad lacerandos subditos inardeseunt . terrorem potestatis exhibent , & quibus prodesse debuerant , nocent . et quia charitatis viscera non habent , domini videriap petunt , patres so esse minime recognoscunt : humilitatis locum in elationis dominationem immutant et si quando extrinsecus blandiuntur , intrinsecus saeviunt . de quibus veritas dicit . veniunt ad vos in vestimentis ovium , intrinsecus autem sunt lupi rapaces . greg mag. hom. 17. in evangelia . fol. 320. c. d a chaucer his plowmans tale . mr. tyndall . practise of popish prelates . bishop hooper . declaration on the 8. commandement . fol. 76 , 77 , 78. dr. barnes his supplication to king henry the 8. our homily against wilfull rebellion . part . ●5 . bishop latimer sermon before the convocation : and 4. sermon of the plough . b nos praesentibus delectati dum in hac uita commoda nostra et honores inquirimus ; non vt meliores , sed vt ditiores ; non vt sanctiores , sed vt honoratiores simus ●aeteris festinamus : nec gregem domini , qui nobis pascendus , tuendusque commissus est , sed nostras voluptates , dominationem , & caetera blandimenta carnaliter cogitamus . pastores dici volumus , nec tamen esse contendimus : officii nostri vitamus laborem , appetimus dignitatem . prosper de vita contempl : l. 1● c. 21. vides omnem ecclesiasticum zelum fer●ere sola pro dignitate tuenda ? honori totum datur , sanctitati nihil aut parum . nisi quod sublime est hoc salutare dicamus : et quod gloriam redolet , id iustum . ita omne humile probro ducitur , vt facilius qui esse , quam qui appare humilis velit invenias timor domini simplicitas reputatur , ne dicam fatuitas . virum circumspectum et amicum propriae conscientiae calumniantur hypocritam &c bern , de considerat . l. 4. c. 2. col. 88 5. b. c quia eo ipso quod caeteris praelati sumus , ad agenda quaelibetmaiorem licentiam habemus , susceptae benedictionis ministerium vertimus ad ambitionis argumentum . greg mag hom. 17. in evangelia . f. 321. c. sed plerumque rector eo ipso quo caeteris praeeminet , elatione cogitationis intumescit . subiectos despicit , eosque sibi aequales naturae origine non agnoscit : & quos sortis potestate excesserit , trancendisse se aetiam vitae meritis credit . cunctis se existimat amplius sapere , quibus se videt amplius posse . in quodam enim se constituit culmincapud semetipsum ; et qui aequa caeteris naturae conditione constringitur , ex equo respicere caeteros dedignatur . omne sublim● videt , et ipse est rex super omnes silios superbiae . apostatae quippe angelo similis efficitur , dum homo hominibus esse similis dedignatur , &c. ●x simulatione disciplinae , ministerium regiminis verrit in vsum dominationis . greg. mag. pastoral . par● 2. cap. 6. rectores qui semetipsos diligunt pulvinos his exhibent , a quibus se noceri posse in studio gloriae temporalis timent . quos vero contra se nil ualere conspiciunt , hos nimirum asperitate rigidae semper invectionis praemunt , nunquam clementer admonent , sed pastoralis mansuetudinis obliti , iure dominationis terrent , quos recte per prophetam divina vox increpat , dicens : vos autem cum austeritate imperabatis ●is , et cum potentia : plus enim de suo authore diligentes , iactanter erga subditos se erigunt , nec quid agere debeant , sed quid valeant attendunt . nil de subsequenti iudicio metuunt , qui improbe de temporali potestate gloriantur libet vt licenter et illicita faciant , et subditorum nemo contradicat . lb cap. 8. d ephes. 4. 20. g 1 pet , 5 2 , parvi deiectique est animi de subditis non profectum quaerere subditorum , sed quaestum proprium . in summo praesertim omnium pontifice nihil turpius . bernard de consid. l. 3. c. 3. . col. 879. k. h 2 cor. 12. 14 , 15. i see athanasius constant : epise epistolae 8. de necessaria episcoporum residentia : bibl : patrum : tom. 13. p. 487. to 491. ambrose ser : 7. 9. greg. pastoralium li. august . de pastoribus . mr. tyndall practise of popish prelates : bishop latimer 4. sermon of the plough bishop iewell on the thessalonians , p. 406 , 407 accordingly . k hosea 4. 9. isay 24. 2. l quidni peccet licentiusvagum et male liberum vulgus , cum non sit qui arguat . quidni licentius quoque spolietur et depraedetur inermis religio , cum non est qui defendat . quo enim refugium illis ? bernard de consid l. 3. c. 4. m math : 15. 14. luke 6. 33. hosea 4. 5. n isay 60. 1. math : 5. 14 , 15 , 16. phil. 2. 15 , 16. o nulla alia doctrina sacerdotis debet esse quam vita . prosper de vita contempl. l. 1 , c. 23. p math : 15. 16. luke 12. 33. acts 26. 18. q iohn 12 38. ephes : 5. 8. r ier. 6. 16. s psal : 119. 30. t isay 30. 21. ier. 31. 9. u math. 7. 14. x psal. 101. 2. 6. y psal : 119. 30. z isay 59. 8. luke 1. 79. a prov : 8. 20. c : 12. 28. c. 16. 31. b prov : 6. 23. c. 10. 17. ier : ●1 . 8. c isay 35. 8 , 9. d prov : 12. 28. isay 35. 8 , 9. ier : 31. 9. e ministerium praedicationis relinquimus , et ad paenam nostram , vt video , episcopi vocamur , qui honoris nomen , non virtutis tenemus . greg : mag : hom : 17. in evang : f. 321. b. non omnes episcopi , episcopi sunt . attendis petrum , sed et iudam considera : stephanum suspicis , sed et nicholaum respice . non facit ecclesiastica dignitas christianum . hierom . epist. 1. cap. 8. f acts 20. 28. see chrysost et theophyilact . ibid. terribilis sermo , et qui possit etiam impavida quorumvis tyrannorum corda concutere . bernard super cantica sermo 76. col. 801. a. b. g bernard ibid h dan. 12. 3. math. 13. 43. 2. iohn 8. i ier : 3. 15. c. 17. 16 , c. 23. 1. eph. 4. 11. k isay 40. 11. ier. 23. 4. c. 33. 12. c. 50. 6. ●zech . 34. 2 , 3. 9. 10. 22. l 1 sa. 17. 24 , 25. ezech. 34. 2. to 20. ioh. 10. 10. to 16. m ier : 31. 9 , 10. ezech : 34. 4 , 5 , 6 , 12. n isay 40. 10. ier. 3. 15. c. 23. 4. ezech. 34. 2. to 24. acts 20. 28. ioh. 21. 15 , 16 , 17. 1 pet. 5. 2. petro terrio dictum est ; pasce : nec mulge , seu tonde semel additum est . bernard declam . col. 928. v. o ier. 23. 4. ezech : 34. 16. 22. zech : 11. 16 , 17. ioh : 10. 12 , 13. p iohn 10. 11. 15. 17. q considerate ergo quid de gregibus agatur , quando pastores lup● fiunt . greg. mag. hom. 17. in evang. f. 321. c. r acts 20. 29 , 30. s non sunt pastores , sed traditores : dicimini pastores , cum sitis raptores . et paucos habemus , heu pastores , multos tamen excommunicatores . etivtinam sufficeret vobis lana et lac ; sititis enim sanguinem : bernard ad clerum sermo . rectores moderni , non pastores , sed raptores : ovium tonsores , non ad viridia pascua ductores : non dispensatores bonorum crucifixi , sed voratores , &c. rodericus spec . vitae l. 2. c. 20. p. 316. see bp. whites reply to fisher p. 84 , 85. t ioh : 10. 12 , 13. see bernard ad pastores sermo . u gubernatorem in tempestate , in acie militem intelligas avida est periculi virtus , et quo tendat , non quid passura sit , cogitat : quoniam et quod passura est , gloriae pars est ; seneca : cur boniviri mali fiant cap : 4. x gal : 6. 6. 1 cor : 9. 7. to 15. 2 thess : 3. 8 , 9 , 10. 1 tim : 1. 17 , 18. quanti mercenarii in domo patris mei abundant panibus ? si panibus abundant mercenarii , nunquid same peribunt operarii ? bernard ad pastores sermo , col : 1729. e. y lac et lanas ovium christi oblationibus quotidianis , et decimis fidelium gaudentes accipimus , et curam pascendorum gregum et reficiendorum a quibus peruerso ordine volumus pas●i , deponimus . de vita contempl : l. 1. c. 21. z quid nos , ( quod tamen sine dolore dicere nō possumus ) quid nos o pastores agimus , qui et mercedē consequimur , et tamē operarii nequaquam sumus ? fructus quippe sanctae ecclesiae in stipendio quotidiano accipimus , sed tamen pro aeterna ecclesia minime in praedicatione laboramus . pensemus cuius damnationis sit , sine labore , hic percipere mercedem laboris . ecce ex oblatione fidelium vivimus , sed nunquid pro animabus fidelium laboramus ? illa in stipendium nostrum sumimus quae pro redimendis suis peccatis fideles obtulerunt , nec tame● contra eadem vel orationis studio , vel praedicationis , vt dignum est insudamus , hom : 17. in evangelia fol. 320. g. a praepositorum est , praeceptum tenere , et vel properantes veligno rantes instruere●ne qui ovium pastores esse debent , lanii fiant . cyprian epist. l. 3. epist. 15. p. 145. b quidemittit oves in pascuaabsque custode , pastor est , non ovium , sed luporum : bernard super cant. ser. 77. see ier. 23. 2. 3. ezech : 34. 2. to 16. 1 king 12. 17. numb : 27. 17. zech : 10. 2. c quidni peccet licentius vagum et male liberum vulgus , cum non sit qui arguat ? quidni etiam licentius spolietur et depraedetur mermis religio , cum non est qui defendat ? quo enim resugium illis ? bernard de consid : l. 3. cap. 4. col. 88 ● . a. e si diligis me , pasce oves meas . si ergo dilectionis testimonium est cura pastionis ; quisquis virtutibus pollens , gregē dei pascere renuit , pastorem summum convincitur non amare . greg : mag : pastoral : l. 1. c. 5. f gloria recte factorum p●erunque comes est . cicero tuse : quaest : l. 3. g see pag. 20 , 21 , 22. h ier : 23. 1 , 2. ezech : 34. 2 , to 20. i rom. 15. 27. 1 cor : 9. 11. * the bishops assembled at . 4. rimin● requested this of constantius ; that bishops might bee resident with their flockes , and not be banished their churches . socrates scholast l. 2 c. 2 9 p. 281. k ioh : 10. 3 , 4 14. 27. l iohn : 10. 3 , 4 m 1 pet. 5. 3 1 tim : 4. 11. ad amorem patriae coelest is plus exempla , quam praedicamenta succendunt . greg. mag dialog . l. 1. fol. 231. d. validiora sunt exempla quam verba , et plenius est opere docere quam voce . leo de s laurent . sermo . cap. 2. fol. 167. facere maiorem vim habet quam dicere . doctor magis debet esse vitae doctor , quam sermonis . chrysost hom. 19 in hebr. tom. 4. col 1608. & hom. 5. in 2 thess. tom. 4. col. 1299. a. n ioh. 10. 3. 16. 27. o ioh 10. 4. 5. p ioh. 10. 4 , 5 , 9 , 10 , 28 , 29. r 1 thests . 2 19 , 20. s pensemus ergo , qui vnquam per linguam nostram conversi , quide perverso suo opere nostra increpatione correpti , poenitentiam egerunt ; quis luxuriam ex nostra institutione deseruit , quis avaritiam , quis superbiam declinavit ? pensemus quod lucrum deo fecimus nos , qui accepto talento , ab eo ad negotium missi sumus . etenim dicit : negotiaminidum venio . ecceiam venit , eccede nostro negotio lucrum requirit . quale ei animarum lucrum de nostra negotiatione monstrabimus ? quot eius conspectui animarum manipulos de praedicationis nostrae segite illaturi sumus ? ponamus ante oculos nostros illum tantae districtionisdiem quo index veniet , et rationem cum servis suis quibus talenta credidit , ponet : ibi petrus cum iudaea conversa , quam post se traxit , apparebit : ibi paulus conversum , vt ita dixerim , mundum ducens : ibi et andreas post se achaiam ; ibi iohannes asiam , thomas indiam in conspectum sui iudicis conversam ducet . ibi omnes dominici gregis arietes cum animarum lucris apparebunt , qui sanctis suis praedicationibus post se subditum gregem trahunt . cum igitur tot pastores cum gregibus suis ante aeterni pastoris oculos venerint , nos miseri quid dicturi sumus , qui ad dominum nostrum post negotium vacui redimus● qui pastorum nomen habuimus , et oves quas ex nutrimento nostro debemusostendere , non habemus ? hic pastores vocati sumus , et ibi gregem non ducimus , &c. greg : mag hom in evangelia . fol. 321. f. t 1 pet : 5. 3 , 4 u ad pastores sermo col : 1728. l. x hebr. 13. 20 y 1 pet. 5. 2 , 3 , 4 , 5. * praepositi vita , subditorum regula : et quantum perniciosum est ad sequentium lapsum , ruinapraepositi , in tantum contra vtile est , ac salutare , cum se episcopus per firmamentum fidei fratribus praebet imitandum cyprian . epist l● 3. epist. 23. sacerdotis praedicatio operibus confirmanda est , ita vt quod docet verbo , instruat exemplo . vera est illa doctrina quam vivendi sequitur forma . tune vtiliter praedicatio profertur , quando efficaciter adimpletur . isiodor . hisp de summo bono . l. 3. c. 36. notes for div a10180-e6320 a eccl. 3. 1. ●● 12. * see bishop halls q●o vadis ? sect. 10. b mat. 13. 57. marke 5. 4. luke 6. 24. f quo semel est imbutae recens seruabit odorem , testa di● . * see mr. fetherstones catalogues , and mr. gees catalogue . a see agrippa de vanitate scientiarum . ea 97. de theologi● scholastica . b this was a late complaint in parliament . c legimus aliqua , ne legantur : legimus , ne ignoremus : legimus non vt teneamus , sed vt retud●emus , & vt sciamus qualia sunt in quibus magnifice isti cor exaltant suum . ecclesia ; cum quatuor euangel●i libros habeat , per vniuersum mund●m euangeliis redundat : haereses cum multa habeant vnum non habent . ambros. comment in luc. 1. c. 1. tō . 3. p 3 c. d 1. cor. 14. 32 e ezech. 16 33. * see pelagius rediu●●●● * mark 3. 24. 25. 26. * psal. 73. 28. deut. 11. 22. 23 a isay 9. 12. 17. 21. b isay 1. 4. 5. c reuel 2. 5. d heb. 4. 14 tit. 1 9. notes for div a10180-e7040 a cum primū mali cuiuscunque erroris putredo erumpere caeperit , & ad defensionem suiquaedam sacrae legis verba furari , atque faellaciter & fraudulenter ponere : statim interpretaendo canoni maiorum sententia congregaendae sunt : quibus illud qu●cunque exurget nouitium , i●eoque prophanum , & absque vlla ambage prodatur , & sine vlla retractatione damnetur . sed eorum tantum patrum sententiae congregandae sunt , qui in side & communione catholica , sancte , sapienter , constanter viuentes , docentes & permanentes , vel mori in christo fideliter , velocciditro christo faliciter meruerunt . vincentius leri●ensis contr. haereses . cap. 39. notes for div a10180-e7250 5 5 4 4 7 7 4 4 6 6 4 4 2 2 5 5 7 7 see the exposition of this article , hom. of repentance 2. part . p. 261. 262. a bertius apostasia sanctorum . lugduni batauorum . 1615. epist . dedicatoriae 2. & pag. 107. 169. coruinus responsio ad not as bogermanni , pars 2. cap. 24. lugduni batauorum 1614. p. 560. brandius collatio haghiensis , p. 364. master mountagues appeale , p. 28. 29. 30. 31. &c. thōpsoni diatriba de interscisione & gratia cap. 27. p. 117. 1 1 7 7 4 4 6 6 4 4 2 2 7 7 6 6 7 7 4 4 5 5 5 5 5 5 notes for div a10180-e8540 articles of ireland . 12. 14 articles of ireland . 14. articles of ireland . 12. 14. articles of ireland . 15. articles of ireland . 38. articles of ireland . 37. articles of ireland . 32. article of ireland . artic● . 32 articles of ireland . a●tic . 25. 32. a corninus responsio ad notas bo●er manni part 2. cap. 24 p. 5●1 . to 5●6 . who writ●s these articles at large , and not on●ly slights them thus , but likewise m●●reports the ca●riage of them so doth bertius too : de aposia●● sanctar●●●● . f●●●t . d●●d . 2. mr. mounta●u●s . apo●ale . pag. 29. 36 71. 72. b s●● conferen●●● hampton court. pag 40● 41 th●si●bre●●is & dilu●●●● explic●●● &c. ha●drenics . 16. 3 〈◊〉 d dicatoria . fratri●us belois & peti● baronis censura , &c. ib. 1513. 〈◊〉 l lect ● dr. wa●d his ●oncio ad clerum ●oudini 1627 p 45. & master iohn brown in his appendix to the life & ra●g● of qu elizabeth 1628. who a●●irme al this . * pag. 24. 39● 40. 41. notes for div a10180-e9350 articles of lambheth . 1. 3. articles of lambheth . 2. * articles of lambheth . 1. ● * articles of lambheth . ● articles of lambeth . 9. articles of lambeth . 7. 8. 9. * articles of lambheth . 6. * articles of lambeth . 5. notes for div a10180-e9710 a answer after the creed . 1 1 b collect on al saints day . 1 1 7 7 c the catechisme answere 6. 6 6 1 1 d buriall of the dead . prayer 1. 7 7 7 7 1 1 e a prayer for sunday at the ende of the reading psal. 7 7 4 4 f a godly praier to be said at all times . sin . psal. 2 2 1 1 g publicke baptisme . 1 1 2 2 * s● enim haec a deo poscit ecclesia , quae a se●pso sibi ●ari putat , non veras sed perfunctorias orationes habet . quis en●m veraciter gemat desiderās accipere quod orat a domino , sihoc a seipso se sumere existimet , nō ab illo . aug. de bono p●seu . cap. 23. h the absolution : and prayers before the letanie . i the lat●uie : and prayers after it . k collect on o● the 1. & 4. sunday in aduent . l collect the first day of lent. m collect the 2. sunday in lent. n collect on easter day . o collect on the 1●●9 . 17. & 19. sunday after trinitie . * the communion . p catechisme . q confirmation of children 3. prayer . r a commination the last prayer . s the letanie t the communion . * not efficient * the catechisme . u visitation of the sicke . x te deum . y benedictus . z letanie . a the communion . b the exhortation before the communion . notes for div a10180-e10940 london . 1623. part. 1. fol. 8. ephes. 2. 4 4 folio 9. mark. 10. luke 18. iohn 15. 4 4 folio 10. galat. 5. 4 4 part. 1. fol. 11. 2 cor. 3. psalm . 50. ephes● 2. 1 pet. 2. 2 cor. 1 , psalm . 130. 2 2 5 5 iohn 8. hebr. 7. 1 iohn 2. part. 1. fol. 12 ma●th . 1. folio 13. 5 5 5 5 folio 15. 5 5 7 7 folio 23. part. 1. fol 23 folio . 25. 26. 4 4 esay 43. 7 7 7 7 iohn 3. iohn 6. 1 iohn . 5. part. 1. folio 28. 29. 7 7 1 1 2 peter 1. 7 7 1 peter 1. 7 7 folio . 60. 1 cor. 3. 7 7 1 iohn 5. part 1. fol. 16 1 iohn . 5. 1 iohn 5. folio 62. 7 7 2 2 part. 2. folio 81. august . de diuers●quaestio . ad simpl. lib. 1. q●aest . 28. 1 1 folio 〈◊〉 . luke 16. folio . 1●● . part. 2. fol. 122 1 iohn 1. hebr. 9. hebr. 10. folio 148. 7 7 fol. 151. 152. 1 1 2 peter 3. 1 cor. 1● 6 6 5 5 part. 2. folio 152. luke 2. 3 3 folio 160. 2 2 4 4 6 6 folio 161. 4 4 part. 2. folio 161. 2 2 6 6 2 2 folio 172. 7 7 5 5 folio 177. 5 5 philip. 2. 5 5 folio 187. 2 2 part. 2. folio . 187. 191. 1 1 2 2 5 5 7 7 7 7 folio 195. folio 209. 219. 4 4 6 6 dan. 11. 2 2 prou. 16. 3 3 part. 2. foli . 228. folio 229. ephes. 4. 1 cor. 12. 1 cor. 2. folio 263. 4 4 what wee must beware of . iohn . 15. 2 cor. 3. part. 2. foli . 263. lerem . 6. ambros. de vocatione gentium . lib● 2. cap. 9. folio 267. 5 5 * part. 1. pag. 7. to 13. * part. 2. pag. 167. to 234. * part. 1. pag. 13. to 29. a perpetuitic of a regenerate mans estate . edit . 2. p. 322. to 329. b mr. wottons dangerous plot discouered c. 11. sect . 8. 9. p. 45. to 49. mr. yates ibis ad c●●sarem . 2. part. p. 133. to 140. notes for div a10180-e12820 1 1 7 7 1 1 7 7 2 2 1 1 6 6 4 4 2 2 1 1 2 2 2 2 6 6 7 7 1 1 notes for div a10180-e13240 7 7 1 1 1 1 3 3 3 3 2 2 6 6 4 4 7 7 7 7 7 7 7 7 6 6 notes for div a10180-e14030 * the heads therefore of the vniuersity of cambridge , who composed this recantation , were of this opinion , that the 17. article doth make the will of god , not sinne , the true and primary cause of reprobation , & therefore they recited it at large in the latine copy . * they were vndoubtedly of their opinion in these points now controuersed * therefore of their op●nion in our present tenents * allegauit dictas posi●●onessa●sas , erroneas , & repugnantesesse religioni in regno angliae publica & leg●tima authoritate receptae & stabilitae . these are the words of the articles exhibited against him by the vice-chancellor . * habita matura deliberatione , necnon visis et diligenter examinatis positionibus praedictis , quia manifesto constabat positiones● praedictas errorem et falsitatem in se continere , necnon aperte repugnare religion● in ecclesia anglicana receptae ac stabilitae ; ideo iudicaberunt , &c. these are the expresse words of the order entred in the vniuersity register . * bb carlton his examination of mr. mountagues appeale . cap. 2 a ephes. 1. 4. 2. tim. 1. 9. ler. 1. 5. c. 31. 3 b psal. 33. 11. psa. ●9 . 28 , 33 , 34. esa. 14. 24. 27. mal. 3. 6. rom. 9. 11. 2. tim. 1. 9. c. 2. 19. ephe. 1. 9. 11. c mat. 20. 16. c. 24 , 40 , 41. luke . 17. 36. ro. 9. 27. c. 11. 5 d ephe. 4. 13. rom. 8. 30. 2. tim. 2. 19. iohn ● . 19. reu. 21. 27. e heb. 11. 23. and all protestant 〈…〉 that write of the church . f ro● 9. 11 , 17. iude 4. mat. 24. 40. 41. g exod 33. 19. iohn 5. 11. mat. 8. 2 , 3. c. 11. 27. luk. 10. 21. deut 7. 8. hosea . 14. 4. 1. sam 12. 22. iames 1. 18. ro 9 11 to 27. c. 1● . 5. eph 1 5 , 9 , 11. c. 2. 5 , 8. 2. tim 1 9. h deu. 7. 6 , 7 , 8 eze. 16 6. ro. 9. 11. 16. mat. 24. 40. 41. mal. 1. 2 , 3. i cor 1. 26. 27 28. ro. 11. 5 , 6 , mat. 25. 41 42. rom. 2. 9. k mat. 11. 25. c. 24. 40. 41. luke . 17. 38. ro. 9. 11. 13. 17. to 33. mal 1 , 2 , 3. l ier 10. 2● . pro. 16. 1. 9. isay. 26. 12. iohn 1●5 . 5. 2. cor. 3. 5. psal. 2. 1● . iohn 6. 44 m 1. ioh. 2 , 1 , 2 n mat 1. 21. ioh , 10● 11 , 15 17. eph. 1. 4 , 7 , c. 5. 25 , 26. 27. reu. 5. 1. c 5. 9. 10 see my perpetuity . ● p. 29. o cant. 1. 4. ro 8. 30. c. 9. 19 rom 3. 7 acts 16. 1. c , ●6 . 1. 9 eph 1. 10 , 19 iohn 6. 37 , 1. thes. 1. 4 , 5 , 6 , 9. iob 9. 4 , 12. psal● 115. 3. psal. 135 6. pro. 21. 1. 30. ●say 54. 21. c. 43. 13 see god no imposter . p 7. q titus 1. ● , acts 13. 48. rom. 11 , 7. r psal. 37 , 24 , psal. 145 , 14 , see my perpetuity of a regenerate mans estate . * quicquid vel omnes , vel plures v●o ●odemque sensu , manifeste , frequenter , perseueranter velut quodam sibi con 〈◊〉 magistrorum concilio , acci●●●ndo , tenēd● tradēdo firmauerint ; id pr● indubitato , certo , ratoque habeatur . quicquid ●ero quāuis ille sanctus & doctus , qua●●uis episcopus , quarauis confessor & martyr , praeter omnes , autetiam contra omnes senserit , id inter propri●s , & occultas , & priuatas op●●●●●culas , a communis , publicae , & generalis sententiae autheritate secretū sit , ne cum ●umo salutis aeternae-pericu●o iuxta sacrilegā haereticorum & scismaticorū cō●uetudinem vniuersalis dogmatis veritate di●●issa , vnius hōinis no●itium sectemur errorem : vin●ētius lerinē●is , cōtra hereses , cap. 39. the probate of the first anti-arminian position to bee the vndoubted doctrine of the church of england . a 2. & 3. edw. 6 cap 1. 19. 3. & 4. ed. 6. cap. 10. 5. & 6. edw. 6. cap. 1. 1. eliza. c. 1. 13. eliz. cap. 12. b see article . 35. henry the 8. edward the 6. c see the oration of his life and death before his loci communes . d peter mart●● epistola nuncūpatoria in romanos , & oratio de ●ita & morte petri martiris : prefixed to his loci commune● accordingly . a cignea cantio cantabrigiar octo. 9. 1595. p. 15. 16. b concio ad clerum , cantabrigiae . ianu. 12. 1625. p. 45. c first sermon before king edward . fol. 58. queene eliz. d cignea cantio . p. 16. king iames. * see his meditation on the lords prayer , & his paraphrase on the reuelation . c. 13. 8. c. 17. 8. * meaning pelagianisme . * see pelagi●● rediuitius . epistle to the reader , and king iames his cygnea cantio , newly printed . l●n 1619. p. 32. a quicquid ciuitatis princept in honore habucrit , necesse est i●sdem rebu● consentaneam reliquorum ciuium sententiam esse . aristotle . polit. l. 2. c. 9. p. 140. nemo suos ( haet est aulae natura potentis ) sed domini mores caesaria nus hab●t martial epigram . l. 9. epigr. 61. b honestissimum ●st maiorum v●● stigiasequi recte si praecesserim . plinie , epist. lib. 5. epist 8. c bishop hall. epist. decad 1. epist ● . * king charles . * see the authors quoted in the 2. & 3. thesis next ensuing , as punctuall to this purpose . 2 anti-arminian assertion , 2. the constant proued to bee and received doctrine of the church of england . * henry the 8. * edwa. the 6. * queene mary * queene elizabeth . * so is he stiled by ● . hall. epist. decad● 1. epist. 7. * b. b. hall epist decad 1. epist. 7. * see his religion professed by the ancient luth , p. 8. 9. accordingly . the third anti-arminian position proued . * see page 8. 9. * lect●ra . 1. de absoluto decreto . sect . 10 p. 25. * henry the 8. * edw , the 6● . * certe regis auspicijs● a quae hic ●eges , o●onij postremoeius tempore docui● cumque a menon peteretur tantum , ●edessagita●●tur , vtopu● extar●t , acquie . i. queene eliz. * king iames. * king charles . the 4th . ant● arminian conclusion ratified . peter martyr coment in ro. 11. p. 96● . &c. 5. p. 321. a rom. 11. 5● . 7. c 9. 11. 13 1. 21. 23. 27 29. mat. 11. 13 15. 16. deut. 10. 15. c. 26. 18. psal. 147. 19. 20. b quicquid natura tradit , & aequale est omnibus , & statim . incertum est & inequale quicquid ars tradit , ex aequo venit quod natura distribuit . seneca . epist. * edward 6. tom 2. 3. p. 249. 250. * king iemes . * king charles . a see rom. 8. 29. 30. c. 11. 5. 6. 7. eph. 1. 3. to 13. 2. tim. 1. 9. c. 2. 19. 1. thes. 5. 9. 2 thes. 2. 13. 14. b eph 1. 9. 11. c rom 11. 36. col. 1. 16. reu. 4. 11. pro. 16 4. 4. g iob. 9. 5. to 13. psal. 115. 3. psal. 135. 6. dan. 2. 21. c. 4. 25. 35. c. 5. 2● . 23. pro. 22 1. ionah 1. 14. isay 46. 10. reu. 4. 11. h haback 1. 16 mal. 1. 2. psa. 44. 3. isa. 63. 5 i deu. 7. 6. c. 14. 1. c. 28. 16. psal. ● . 5. 4. psa. 1. 7. 19. 20 2. sam 7. 8. to 29. 1. chr. 17. 21. 22. 23. ester 6. c. 6. 7 8. 9. mat. 13 11 c. 24. 40. 41. ro 9 11. to 28. c. 11. 4. to 13. c. 8. 28. 29. 30 iohn 6. 37 c. 10. 4. to 18. 26. 27. c 17. 6 to 13. eph. 1. 2. to 1● 2. thes. 2. ● . 13. titus● 1. 2. tim. 1. 9 c. 2. 19. k ro. 2. 24. c. 6. 23. l ro. 11. c. 6. eph. 2. 8. 9. titus 3. 5. de. gratia , non erit gratia vll●●odo nisi gra●● ita fuerit omni 〈◊〉 a●gus● , de peccato . originis cap. 2● . m mat. 6. 10. rom. 5. 21. col. 3. 15. see my perpetuity . p. 203. 204. n iohn 3. 8. acts 1. 6. 7 , 8. o see my petpetuity . p psal. 31. 15. dan. 5. 31. acts 17. 20. 2. cro. 20. 6. psa. 44. 3. deu 9. 4. to 9. psa. 115. 1. ro. 16 39. 2. cor. 3. 5 q eph. 2. 1. to 7 r iohn 15. 5. s psa. 2. 13. t isay 26. 12. v 2. cor. 3. 5. x iohn 6. 44. y 1. cor. 4. 7. z 1. cor. 15. 10. a pro. 21. 1. iob 9. 12. dan. 5. 23. b see m. bernard rheemes against rome . p. 247. 10 252 c august . de corrept & gratia . cap. 10. 11. 12. d mat. 10. 8. c. 13. 11. acts. 5. 31. ro. 5. 15. 16 , 17 , c. ● . 29. 1. cor. 12. 8. 9 10. eph. 2. 8. c 3. 8. c. 4 , 7. iam. 1. 17. 1. pet. 5. 10. e gal. 5. 22. 23. rom. 8. 23. f frustra sem . per oramus , si in nostro arbitrio est faccre , quod volumus heir . aduers pelagianos l. 2. c. 6. 3. see august de bono perseu . c. 2. 23. g rom. 3. 27. eph. 2. 9. h psal. 115. 1. rom. 2● 9. eph. 1. 5 , 6 , 12. 14. phil. 1. 11. h canti . 4. 12. i see mar. 13. the whole chapter . cap. 3. 12. c. 25. 32. to the end . iohn 11. & 17. 8. 9. 11. chapters . eph. 1. 6. k rom. 3. c. 5. l 7. l see rom 4. 16. iohn to 27 28. 2. tim. ● . 12. 1 pet. 4. 5. 1. cor. 2. 5. tunc nostra cogitatio consirmatur , quando omne quod agimus , quasi supra stabilene & solid● ssima●● petram domini adiutorio deuolu●mus , eique cuncta , reputamus . heirom aduers . pelagianos . l. 3. c. 3. o 18 see hierom & orosius contra pelagianos . august . de bono perseuerantiae . cap. 2. and throughout his 7. tom. part 2. p see. ro. 5. 8. 9. 10. c. 8. 32. where this argumentation is vsed . q 1. sam. 2. 25 prou. 16 4. mal. 1. 2. isay 6. 9. 10. mat. 13. 11. to 18 c. 7. 13. 14. c. 20. 16. luke 16. 23. 24. acts 14 16. ro. 9. 11 , to 30. c. 11. 2. to 11. iohn 17. 12. iude 4. r isay 14. 24. 27. num. 23. 19. 20. psal. 33. 11. ro 9 11. 1. tim. 2 , 19. s effectus ●onest latior sua causa . a mat 7. 16. b ezen . 16. 44. c mat. 7. 17. 18. d iohn 3. 6. e non ●●●tingit idem per idem , & esse simul & fieri , nihil est ergo sua ipsius causa . clemē , alexandrinus . strom. lib. 7. p. 161. f iohn 15. 4. 6. c 17. 2. c. 6. 53. 57 , 58 , c. 11. 25 , c. 14. 19. ro. 6 , 8. gal , 2 , 20 , c. 5 , 25. 1. pet. 2 , 4. 5. 1 iohn 5. 11. 12. 13. de spirit● christi non . viuit nisi corpus christi , quod est ecclesia . august . tract . 26. in iohan. & epist. 50. * 〈◊〉 21. a ro 9. 19. to 26. b rom. 11. 33 , o altitudo ! petrus negat , latrocredit ! o altitudo ! quaeris rationem ? ego expauescam altitudinem : t is ratiocinare , ego mirer : tu disputa , ego credam . altitudinē video , ad pro funditatem non peruenio paulus dicit inscrutabilia sunt indicia eius , & tu scrutarivenisti ? hic dicit , inuestiga biles sūt viae eius ; & tu inuestigare venisti ? si inscrutabilia scrutari , & inuestigabilia vestigare venisti , crede , iam perijsti . august de verbis apost . ser. 20. vid. lb. t tu ipse qui perfectam & deo aequalem in hominibus iustitiam iactitas , & peccatorem te esse confiteris , responde mi●i ; velis , an nolis carere peccato ? sivis , quare iuxta sententiam tuā non imples quod desideras ? sin autem non vis , contēptorem to praeceptorum dei esse demonstras . si contemptor , vtique & peccator , & peccatori dixit deus , quare tu enarras iustitias meas &c. heirom . aduers . pelag. ad ctesiphontem . cap. 4. m acts 13. 16. psa. 147. 19. 20 n potest , inquit , esse sine peccato , potest esse perfectus si voluerit : quis enim christianorum non vult esse sine peccato ? aut quis perfectionē accusat , sisufficit ●i velle ; & statim sequitur posse , si velle praecesserit ? nullusque christianorum est qui nolit esse sine peccato : omnes ergo sine peccato erunt , quia vtique omnes cupiunt esse sine peccato . heirō . aduers . pelagianos . ad ctesiphontem . cap. 4. * luk. 13. 2● . * natura non suscipit mag●● & minus . * idem qua idē semper facit idem . kecker . system . log. lib. 1. c. 14. p. ● 24. the fift anti-arminian position proued henry the 8. * edw. the 6. * see the epistle to bishop latimer his sermons . * queene eli. * king iames. * see animaduersio in t●ōpsoni diatr . bam● cap. 4. * king charles . a hebr. 2 , 9. 2. cor. 5. 14. 15. 1. iohn 2 , 2. 1. tim. 2. 4. 6. b iohn 10. 11. 15. 17. c. 15. 1● . c iohn 17. 9. d acts 20. 28. ephes. 5. 25 , 26 , 27. e eph. 1. 4. 6. 7. ro. 8. 33. 34. 1. pet. 1. 2. 18. f isay 53. 10. 11. c. 10. 22. 23. ro. 9. 27. 29. c. 11. 26. g mat. 1. 21. luke● , 54 , 68. isay 46. 13. psal. 46. 13. h isay 1 , 27 , c. 28 , 16 , c. 46. 13 , c. 50. 20. rom 11 , 26. i iohn 11. 52. k eph. 5. 25. to 30. l rom. 9 , 33. ioh 3 , 14 , 15 , 16. m heb. 5 , 9 , c. 7. 15. n isay 53 , 10. 11. mat. 20 , 28 , c. 26 , 28. n august . resp●nsio ad articulos sibi salso impositon . articul . 1. o august . enchir●deo c. 103. fulget●● de incarnat . & gratia iesu christi . c. 31 peter lūbard . distincti . 46. p august . de correct . & gratie . cap. 14. fulgentius . de incarnat . & gratia dom. iesu christi . c. 31. q sec. 1. r fulgentius de incarnat . & gratia dom. iesu christi . c. 31. august . de natura & gratia . cap. 41. de nuptijs & concupiscentia . l. 2. c. 27. contra. iulianum . l. 6. c. 12. de praedest●●●al one sa●●clorum cap. 8. s mar. 16 , 15 , 16. titus . 2. 11. 12. 1 , tim. 2. 4. col. 1. 6. 23. t phil. 2 , 7 , 8. he. 2 , 14. 16● 17 u 2. tim. 2. 25 ro. 11. 1 , to 8 ● . tim 2. 4. x ro. 8 , 29 , to 35. lam . 1 , 18. hebr. 12. 22 , 23. 24. y heb. 2. 16. 17. z gal. 3. 22. 24. 89. cap. 4. 4. to 8. a see mat. 13. gal. 1 , 2. reu. 2 , 3. b mat. 13 , 24 , to 33. c mat. 3. 12. d mat. 25. 32. 33. e mat. 13. 7. he. 6. 4. f mat. 13. 5. g ps. 1 19. 119. h 2. sa. 23. 6. i iohn 17. 12. k mat. 7. 6. phil. 3 , 2. 2. pet 2. 22. reu. 22. 15. l 2. pet. 2. 22. psa. 49. 12. 10. l 2. pet. 2. 22. psa. 49. 12. 10. m reu. 21. 27. * see god no imposter . n 1. cor. 15. 21. 22. o phil. 2. 7. to 11. rom. 14. 9. 10. 11. * 2. tim. 4. 8. iames 1. 12. obiection , answer . y 1. tim. 2. 4. z heb. 2. 9. a rom. 2. 12. 14. 15. iohn 9. 41. c. 15. 22. acts 14. 16. 17. c. 17. 30. 31. b mar 16. 16. iohn 3 , ● , 16. 18. 6. c gal. 5 , ● , 4. iohn 3. 18. 36 mat. 16. 16. eph. 2 , ● . 2 , 12. d acts 2. 37. 8. c , 3● 19 , c. 16. 30. 21. c. 22. 16. 2. cor. 5. 20. g gen. 22 , 1 , to 19. heb. 11 17. 18. 19. h gen. 22 , 16. 17. i ionah . 3. 4. 5. k exo. 33. 19. ro. 9. 15. 17. l 2. cron. 20. 20. iuke 24. 25. gal. 6. 16. iohn 10. 21. 2. pet. 1. 19. the 6. anti-arminian position proued henry the 8. * edward 6. * queene eli. * king iames. * king charles . a psal. 51. 10. 2. cor. 5. 17. b rom. 1. 16. 1. cor. 1. 18. c. 4. 5. 2 cor. 4. 7. eph. 1. 19. 20 c eph. 1. 19. 20. cap. 2. 1. 5. 6. rom. 6. 4. 5. d ro 15. 13. 19 ep. 3. 20. 1 the. i. 5. 2. the. 1. 11 2. tim. 1. 7. 8. e 2 cor. 12. 9. eph. 6. 10. 2. pet. 1. 3. 16. f facit vo●ente● ex nolentibus deus : inclinat . corum corda vt hoc velint , habēs sine dubis hūanorum cordium quo placeret inclinandoruns omnipotentissimam potestate august . de praedest . sanct. lib. c. 8. 20. de corrept . & gra. tia cap. 14. g 2. cor. 3. 18. pro. 21. 1. h iohn 17. 2. mat. 28. 18. ps. 19. i mat. 11. 5. iohn 11. 44. k lu. 5. 13. 24-25 . mat. 10. 5. l mat. 8. 26. 27 mar 7. 37. m lu. 4. 35. 36 n mar. 5. 8. to 13. o 2. ch. 20. 6. phi. 2. 10-11 . * see master carpenters achithephel . london 1629. p. 25. to 35. obiect . answer . p acts 2. 37. to 42. q v. 52. & mat 23. 34. 35. 1. thes. 2. 16. r enchirideon . cap. 97. s lib. 1. distinacio . 46. t t sec iohn 7. 1. 8. u iohn 9. 22. x mat , 4. 18. to 23. c. 9. 9. mar. 1. 16. to 21. c. 2. 14. the 7th . anti-arminian proposition confirmed . * henry the 8 * edward 6. * queene eli. * all these are collected and set out by thysius hardrouici . 1613. * king iames. * king charles * declaration against vorstius , p. 15. 18. 19. 16. 35. the church of ireland . a elegit nos in christo ante constitutionē musde praedestinatione seilicet aeterna , non creatione temporaria , sed vocatione gratuita vel indebita gratia : &c. sermo . sācti galli habitus constantiae : bibliobeeca patruns . tom. 6. part 2 p. 714. a. b. b sedulius in romanos . 9. in ephes. 1. & 2. c claudius . lib. 1. in mathew . the church of scotland . * this is bound vp at the end of the harmonie of confessions . the church of england . a for which read bede ecclesia . hist. lib. 1. cap. 10. 17. 21. b expositio in romanos , 5 & 8. & 9. 11. in eph. 1. & 2. in 2. tim. 1. 9. &c. 2. 19. in 1. pet. 1. c expositio in rom. 5. c. 8. 19. to 3● . in eph. 1. 1. to 11. in 2. tim 1. 9. & 2. 19. d de causa . dei l. 1. ● . 3. where our points are learnedly discussed . e see surius . concil . tom. 3. p. 91● . 919. a here barrets fore-recited recantation is iustified . b the doctrine of the church of england then was against arminians & baroe ergo. now . c the arti. of lambheth then were cōposed by the cōmon cōsent of the vniuersity of cambridge . d to wit : the articles of lambheth . e the arti. of lābheth therefore in the iudgement of these heads containe in them the anciēt receiued & vndoubted doctrine of the church of england : not any nouel , or singular opinions . f the arti. of lambheth were then receiued and approued by the vniuersity of cambridge , where they then likewise printed , * the vniuersity , vice-chancellor , & heads of cambridge , vpon their receite of the artic. of lambheth , restrained men from preaching arminianisme , therfore they were inforce & credit with them . g arminianisme was then reputed corruption . h arminianisme thē was not only displeasin● to the heads , but likewise to the whole vniuersity . i arminianisme is then contrary t● the doctrine of the church of england , & agre●able to popery . k i would our heads in our vniuersities out bishops and clergie were as carefull and zealous in this nature now , as these were then . l these heads were no arminians . m anti-arminianisme thē is the truth , yea the anciēt and pr●fessed doctrine of our church . n arminianisme is then but a bridge or vsher vnto popery , and a meanes to draw subiects from the kings allegeance . o anti-arminianismei the ancient , receiued religion of the vniuersity of cambridge , and the church of england , and shall we now reiect or quaestion it ? p anti-arminianisme was th●n made no quaere amōg the heads of cambridge as it is now . q arminianisme was then an error ; it was then , it is now the fore-runner , nurse , & mother of popery : this their , now our experience witnesse * hardrouici . 1613. * responsio ad notas bogerm●mi . pars . 2. c. 24. p. 566. to 570. * and doe we not find it so ? * and is it not then dangerous for our king & state to tollerate it ? * see page 42 to 48. * see p. 54. 55 69. 126. 127. * these lectures are dedicated to our kings maiestie then prince of wales , and so are doctor prideaux his lectures following . * cygnea cantio . octobris . 9. 1595 p 15. 16. * marke this passage well see bishop abbot in thōpsoni diatribam . praefatio lectori , & cap. 1. accordingly . * doctor whitakers therefore speakes vpon his own knowledge , & shall we not then beleeue him ? * this therefore was & is the doctrine of our church . * if this were the doctrine of both our arch-bishops and bishops then , i doubt not but it is their doctrine now , or else they are much degenerated from these their worthy praedecessors . a balme from gilead to recouer conscience p. 56. 78. b achithophel . p. 13. 25. to 35. c abstrucenesse of diuine misteries . d booke of gods prouidence , and lectures vpon ionas . e de interscisione iustificationis & gratiae diatriba . f gagge , and appeale . g of the diuine essence & attributes . * see page . 121. 222. see doctor i wards concio ●d clerum p. 45. thysij praefatio fratribus belgis hardro●ici . 1613 , b. carltons examination of m. mountagues appeale . c. 2. accordingly . k see bishop abbot animaduersio in thompsoni diatribam : praefatio ad lectorem , and cap. 1. * see the marginall notes . p. 52. quid ergo , si episcopus , si diaconus , sividua , si virgo , si doctor , si etiam martyr lapsus a regula fuerit , ideo haereses videbuntur veritatē obtinere ? ex personis probamus fidem , an ex side personas ? tertul. de praescript aduers . haereticos . * bish. carltons examination of m. mountagues appeale . cap. 2. * see th● discription of what god hath praedest nated concerning man. written by the anabaptists , and published in their names , anno. 1●20 . where all these arminian tenents are in terminis maintained . a concilium palestinum often mentioned in s. augustin●s , 7. tom. part 2. concil affected caenum . can. 76. to 84. concil . antasicanum . 2 can. 1 to the end of 25. concil . valent●num . anno. 815. can. 1. 3. 4. 5. 6. b august enchirideon . epist. 100. to 106 & tom 7 part 2 throughout heirom . contr. pelagianos libri . and comm. in eph. cap. 1. prosper responsio ad quaesti . vincensiān as : ad excerpta genuensium . contra collatorem . and de vocatione gentium . f●●gentius de praedestinatione ad mo●mum . primasius . cōment . in rom. c. 8. 9. & 11. in ephes. 1. in 2. tim. 2. 19. orosius apologia aduers. pelagianos de libertate arbitrij . petrus diaconus de incarnatione & gratia dom. iesu christi . beda and anselmus in rom. 9. & 11. in eph. 1. in 2. tim. 2. 19. & bradwardme de causa dei. c synod of dort. 1619. 1620. synod of ireland . 1615. with the seuerall confessions of the reformed churches , harmony of confessions . sect . 4. 5. 6. 8. 9. d de libero arbitrio . lib. 2. bibl. patrum . tom. 5. part 3. page 523. a nemo inde strui potest vnde destruitur . nemoah eo inluminatur , a quo contenebratur . tertul de praescript aduers . haere●ie . cap. 4. b fides in regula posita est : cedat curiositas fidei , cedat gloria saluti . nihil scire , scire omnia est . vt nō inimici essent veritatis haeretici , vt de fugiendis ijs non praemoneremur , quale est conferre cum hominibus , qui & ips● adhuc se quaerere confitentur ? si enim ver● adhuc quaerunt , nihil adhuc certi depraehenderunt : & ideo quodcunque videntur interim tenere , dubitationem suam ostēdunt quandi●● quaerunt , itaque tu qui proinde quaeris , spectans ad eos qui & ipsi quaerunt , dubius a dubijs , incertus ab incertis , caecus a caecis in foutā deducaris necesse est . sed cum decipiendi gratia praetendunt se adhoc quaerere , vt nobis per sollicitudinis iniectionem tractatus suos insinuent ; denique vbi adierunt ad nos , statim quae dicebant quaerenda esse defendunt : iam illos sie debemus refutare , vt sciant nos non christo , sed sibi negatores esse . cum enim quaerunt abhuc , nondum tenent ; cum autem nondum tenent , nondum crediderunt : cum autem nondum crediderunt , non sunt christiani . at cum tenent quidem & credunt , quaerendum tamen dicunt vt defendant : antequ●m defendant negant quod credunt , confitentes si nondum credidisse , dum q●aerunt . qui ergo nec sibi sunt christiani , quantò magis nobis ? qui per fallaciam ven●unt , qualem fidem disputant ? eui veritati patrocinantur , qui ●am a mendacio inducunt ? te●tul . de prae scrip . aduers. hereticos . cap. 5. c see the latter end of the epistle dedicatorie to the parliament . quid nobis patriam ? * quid charareuisere tandem pignora , delectosque inuatco●●isse senates ? to sine dulce nihil . claudian in rufinum . lib. 2. p. 57. d see 23 eliz. cap. 1. 27. eliz. c. 2. * see 3. iacobi . cap 1. quid tale im●anes vnquam gessisse feruntur vel sinis isthmiaca pinu , vel r● , o profunda sciron , vel phaleris tauro , vel carcere sulla ? o mites diomedis equi : busiridis arae clementes , ia● cinna pi●● iam sparthace leuis , papicolis collalus eris . claudian . in rufinum . l. 1. p. 47. e 1. pet. 1. 2 3. 25. f 1. pet. 2. 2. g heb. 5. 12. 14. h isay 40. 1. 2. i hebr. 6. 17. 18. 19. k ephe. 6. 11. to 19 l 1. pet. 1. 3. 23. iam. 1. 18. m psal. 19. 7. lames 1. 21. 1. cor. 1. 16. 21. the remainder, or second part of a gospel plea (interwoven with a rational and legal) for the lawfulness & continuance of the antient setled maintenance and tithes of the ministers of the gospel wherein the divine right of our ministers tithes is further asserted ... / by william prynne of swainswick, esq. ... gospel plea (interwoven with a rational and legal) for the lawfulness & continuance of the ancient settled maintenance and tenthes of the ministers of the gospel. part 2 prynne, william, 1600-1669. 1659 approx. 493 kb of xml-encoded text transcribed from 98 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a70871 wing p4050 estc r15632 12598390 ocm 12598390 64081 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a70871) transcribed from: (early english books online ; image set 64081) images scanned from microfilm: (early english books, 1641-1700 ; 330:3) the remainder, or second part of a gospel plea (interwoven with a rational and legal) for the lawfulness & continuance of the antient setled maintenance and tithes of the ministers of the gospel wherein the divine right of our ministers tithes is further asserted ... / by william prynne of swainswick, esq. ... gospel plea (interwoven with a rational and legal) for the lawfulness & continuance of the ancient settled maintenance and tenthes of the ministers of the gospel. part 2 prynne, william, 1600-1669. [3], 150 [i.e. 172] p. printed by t. childe and l. parry for edward thomas ..., london : 1659. errata: p. [1] and p. 148. reproduction of original in union theological seminary library, new york. "an admonition to all protestants": p. 149-150 at end. marginal notes. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tithes -early works to 1800. 2007-02 tcp assigned for keying and markup 2007-03 apex covantage keyed and coded from proquest page images 2007-04 emma (leeson) huber sampled and proofread 2007-04 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion errata . page 68. l. 11. r. luent , p. 141. l. 31. solemanum , r. salmurum , rothingue , r. rothomag . p. 142. l. 20. trovomala . the remainder , or second part of a gospel plea ( interwoven with a rational and legal ) for the lawfulness & continuance of the antient setled maintenance and tithes of the ministers of the gospel : wherein the divine right of our ministers tithes is further asserted : the magistrates inforcement of the due payment of them by coercive penal laws , when substracted or detained , vindicated : that they are no real burden , or grievance to the people ; the abolishing them no ease , benefit to farmers , tenants or poor-people ; but a prejudice rather ; and a gain to none but rich land-lords , cleared : that the present opposition against them , proceeds not from any true grounds of conscience , or real inconveniences in tithes themselves , but only from base covetousness , carnal policy , want of christian love , charity to , and professed enmity against the ministers of the gospel ; yea , from a jesuitical and anabaptistical design to subvert , ruine our church , ministry , religion ; and bring a perpetual infamie on our nation , and the reformed religion here professed . by william prynne of swainswick esq ; a bencher of lincolns inne . 1 cor. 9 14. even so hath the lord ordained , that those who preach the gospel , should live of the gospel . cyprian , de unitate ecclesiae . domos tunc & fundos venundabant , thesauros sibi in coelo reponentes : at nunc de patrimonio nec decimas damus ; & cum vendere jubeat dominus , emimus potius & augemus . petrus blesensis , epist : 82. per prophetam praecepit dominus decimas inferri in horreum suum ; vos ab ejus horreo jubet is auferri , &c. quid interest equos rapiatis an decimas ? nisi quia decima res spiritualis est , & ideo enormius sacrilegivm in decimis committitur quam in equis , cum dominus praecipit decimas solvi , quis contra ejus praeceptum potuit dispensare ? london printed by t. childe and l. parry for edward thomas , and are to be sold at the adam and eve in little britain , 1659. the remainder or second part of a gospel plea , for the lawfullness and continuance of the antient setled maintenance and tithes of the ministers of the gospel . king david a holy zealot a after gods own heart , who fulfilled all his will , records this to posterity in sacred writ , as the most transplendent character of his own real saintship , in a divine appeal to god himself , psal . 69. 9. the zeal of thine house hath eaten me up . and when our saviour christ , b the son of david according to the flesh , out of an enflamed zeal against the sacrilegious prophanation of gods temple in jerusalem , made a scourge of small cords , wherewith he drove all that sold sheep and oxen , with their cattel , out of the temple ; powred out the changers mony , overthrew their tables , and said unto those that sold doves , take these things hence , make not my fathers house an house of merchandize : his disciples upon this occasion remembred and applyed this very scripture to him , the zeal of thine house hath eaten me up , john 2. 15 , 16 , 17. but the preposterous zeal of many iesuited anabaptistical qua ▪ king pretended saints , souldiers , zealots in our degenerated dayes , is diametrically contrary to this of david , and our saviour christ , even to devour and eat up gods house it self , with all his faithfull ministers remaining tithes , rectories , glebes , maintenance at one meal , which of late years , and now again they have prosecuted with such eager appetites and hungry stomacks , that they make it their very prime , main , only businesse , endeavouring to effect it , with such c post-hast , as might anticipate all new printed pleas for their just defence , and fore-judge most ministers , patrons , peoples rights , throughout our nation , ( even out of term in a long vacation , as in august 1653. and now again ) without any legal summons , process , tryal by their peers before competent lawfull judges , meet to decide such a universal right , title , publike interest , which more or lesse concerns every particular county , city , parish , minister , patron , person throughout the realm ; and therefore ought not to be drawn into question , much lesse decision , without their general consent , desire , petition , and a full deliberate hearing of all parties interessed before a full legal parliamentary tribunal , duly elected , entrusted by all the people , according to d our laws ; this being an undoubted principle of nature , law , equity , common justice , and reason , e quod tangit omnes , ab omnibus debet approbari : et populi minor pars , populum non obligit . this their preproperous speed , and preposterous proceeding , necessitated my stationer ( at the importunity of some ministers in september 1653. ) to thrust out and publish to the world , an imperfect piece , and beginning only of my gospel-plea , for the lawfulnesse and continuance of the antient setled maintenance and tithes of the ministers of the gospel , without this remaining part , ( then sent up together with it ) or any errata to it , or notice given to the reader if its incompleatnesse , some few dayes before the great debate of our new legifers ( septemb. 1653. ) concerning the future standing or down-fall of tithes ; which would have been finished , and quite past before the whole could possibly be printed ; and so have rendered the entire plea lesse seasonable , serviceable , beneficial to our church and ministers , than the publishing of a fragment of it in that nick of time proved to them , through gods blessing on it . this unexpected sodain publication thereof upon that inevitable occasion , as it caused an omission of some part of the second chapter in confirmation of the second proposition , touching the divine right of ministers tithes , and of the 3. ensuing chapters : so it hath necessitated me to publish this subsequent appendix to that chapter by way of supplement , as a necessary introduction to the remaining part , here printed with it , for the readers better satisfaction in this publique controversy , and stopping the clamorous mouthes of all gain-sayers . which had been published , soon after the former , in the year 1653. had not my former stationers long infirmity , sicknesse , death , retarded its progresse at the presse , and enforced me to seek out another midwife to bring it into the world , at this instant time , i hope not as an abortive , out of season , the former opposites to our ministers and their tithes , being ever since and now again as malicious against them as ever , waiting only for a fresh oportunity to suppress them , ever since their then sodain defeat in this their impious sacrilegious designe , when almost ripened to accomplishment in their hopes and votes , unexpectedly dashed in a moment . there being since this their disappointment , a new disguised antichristian sect of quakers ( introduced by jesuits and franciscan friers , as i have * elswhere evidenced ) sprung up amongst us , more virulently opposite to our ministers and their maintenance by tithes , than any other , which they not only decry in all their pamphlets , but totally substract and detain from them with such wilfull obstinacy , that many of them chuse rather to lye in prison , upon mean processe , or executions , than set out or pay their tithes , or appear to actions brought for their recovery ; and now combine with the anabaptists , and other sectaries in fresh petitions and prosecutions both against tithes , and ministers , endeavoring their total and final extirpation , by the power of their confederates , in the army and westminster juncto , sodainly called in again , and owned by them as a parliament ( after their former six years seclusion ) to * accomplish this their design , and root our law and gospel , lawyers and ministers together , as their fresh * petitions , addresses to them for that purpose clearly demonstrate , beyond contradiction . which occasioned this publication , after so long a suspension thereof . an appendix to the second chapter , further clearing the divine right of ministers tithes . the divine right of ministers maintenance by tithes , asserted in the former printed part of my gospel-plea , &c. for the lawfulnesse and continuance of the antient setled maintenance and tithes of the ministers of the gospel , may be thus further evinced , demonstrated , confirmed . 1. it is the opinion of learned f petrus cunaeus , and g dr. griffith williams ( his transcriber ) that melchisedec , priest of the most high god , to whom abraham ( the father of the faithful ) gave tithes of all , gen. 14. 20. hebr. 7. 1. to 15. was in truth none other , but jesus christ , the sonne of god , then personally meeting him in the form of a man , which he then assumed ; though not that very body or flesh begotten and born of the virgin mary , which he long after took upon him when he was incarnate and conversed upon earth . that abraham then gave him tithes of all , as perceiving under that visible form an invisible deity and everlasting priesthood to subsist , to whom tithes ( originally ) are only due & eternally due ; because he is and continues for ever an everlasting priest . that our saviours own words , john. 8. 58. abraham rejoyced to see my day , and he saw it , ( as well with the eyes of his body , by this special apparition of christ then meeting and blessing him , as a priest of the most high god , at that time , as with the eye of his faith ) and was glad : do warrant this their opinion , that melchisedec was no other than jesus christ himself : which they sortify with 7. strong , unanswerable arguments in the opinions of many ; from whence ( if granted ) it will inevitably follow ; that tithes are more truly and properly evangelical , than ceremonial or judaical , because thus originally given and paid to christ himself , ( the h everlasting head , king , high priest of the church ) by abraham i the common head and father of all the faithfull ( as well gentiles as jewes ) out of the prevision of his incarnation , in reference to his everlasting priesthood , as an honorary portion , tribute , salary , k of right belonging and annexed to his priesthood : hebr. 7. 1. to 15. gen. 14. 18 , 19 , 20. which priestly office was l principally to be executed , compleated upon earth , and in heaven , by christs subsequent incarnation , passion , sacrifice of himself upon the crosse , resurrection , ascension into heaven , and perpetual intercession at gods right hand for all his elect , both as god and man ; especially in relation to the gentiles , m not generally called , converted to the faith , till after his incarnation and ascension . therefore by necessary consequence , all christians and believing gentiles under the gospel , have altogether , if not farre greater , yet at leastwise as great , as strong a reason , ground , obligation , enforcement , chearfully , thankfully , conscientiously , to render tithes of all they have to christ ( for the use of his ministers instruction , edification of his church , and compleating of his body ) since his incarnation and investiture in his everlasting priesthood for their eternall welfare ; as abraham or the israelites had , to render him ( or the levitical priests who typified him and attended on his service ) so long before his incarnation , and priesthood fully compleated in all its parts and offices : jesus christ being the same yesterday and to day , and for ever ; hebr. 13. 8. and as much ( if not farre more in some respects ) a priest of the most high god , to all believing gentiles , christians since his incarnation , passion , ascension , as he was to abraham and the jews before them ; god since his resurrection , sending him to blesse us in turning every of us from our iniquities , as well as them . acts. 3. 25 , 26. compared with acts 10. 42 , 45 , 47. ch . 11. 1. to 20. wherefore those ingrate , avaritious , unconscionable christians of this degenerous age , who obstinately , or maliclously refuse to render unto christ their only high-priest n who sacrificed himself to god , and shed his most precious blood for them on the crosse to redeem their soules from everlasting damnation , and purchase an eternal crown of glory for them in heaven , where he continually makes intercession for them , executing his priestly office for their salvation ) the tithes of all their increase , as a just appurtenance to his everlasting priesthood ; condemning them as o jewish , antichristian , unfit , or too much for him as the high priest and prophet of his church to enjoy , or for the faithfull ministers of the gospel in his name or right to receive , who p spend all their studies , labours , lives in christs service , in the declaration , publication , application , of the benefits of christs priesthood , passion , gospell to them , and others , for the eternal salvation of their souls , are certainly none of the spiritual sons or seed of faithfull abraham , who gave him tithes of all ; and do either repute christs everlasting priesthood , a mere fable ; or set a far lower rate upon it , the ministry of the gospel and their own most precious souls , than they do upon their detained tithes : and so can expect little benefit from christs person or priesthood , which they so much undervalue , and sacrilegiously defraud of so antient a duty . 2ly . there is one notable considerable circumstance of time in abrahams payment of tithes of all to christ , the true melchisedec , not formerly observed or pressed by any i have seen ; which ( in my opinion ) unanswerably proves , that this president of his most principally respected , related to the believing gentiles and christians , under the gospel , and as strongly obligeth them ( his true spiritual seed ) to the due payment of tithes to christ and his ministers , now , as ever it did the jews , his natural posterity , to pay tithes to their priests and levites under the law , if not more firmly : namely , that he thus paid tithes to christ , some good space before circumcision instituted , whiles he was yet uncircumcised ; as is most evident by comparing , gen. 14. 18 , 19 , 20. with gen. 17. 1 , 10 , to 15. now as the apostle thus firmly and evangelically argues from this very circumstance of time , in the point of abrahams justification by faith , whiles he was yet uncircumcised , as presidential , exemplary , obligatory to all believing gentiles , and spiritual sons of abraham under the gospel , who are not circumcised , as well as to the natural believing children of abraham under the law , who were circumcised . rom. 4. 9 , to 13. commeth this blessednesse then , upon the circumcision only , or upon the uncircumcision also ? for we say , that faith was reckoned to abraham for righteousnes . how was it then reckoned , when he was in circumcision , or in vncircumcision ? not in circumcision , but in vncircumcision ? and he received circumcision , a seal of the righteousnes of faith , which he had yet being vncircumcised , that he might be the father of them that beliebe ( under the gospel ) though they be not circumcised , that righteousnes might be imputed unto them also . and the father of circumcision , to them who are not of the circumcision only , but also walk in the steps of the faith of our father abraham , which he had yet being uncircumcised . so i , by parity of reason , from this very text , compared with the same apostles relation , of abrahams paying tithes of all to melchisedec , hebr. 7. 1 , to 15. and the inferences thence formerly insisted on , may as firmly , as convincingly conclude , that his payment of tithes to christ the true melchisedec , not after his circumcision , but whiles yet uncircumcised , and before circumcision instituted ; and that , as the common-father , head of all the justified , faithfull , believing uncircumcised gentiles before the law , and under the gospel , ( as well as of the circumcised believing jews ) walking in the steps of his faith , which he had yet being uncircumcised ; doth as strongly oblige all believing gentiles & christians , though uncircumcised , to pay tithes of all to christ and his ministers under the gospel , as it did his believing circumcised posterity to render thē to christ himself originally , and his priests and levites secondarily under the law ; if not much more ; since abraham paid them to christ before he was circumcised , q as a fruit and evidence of his faith , which then he had during his uncircumcision , and a standing president for all believers to imitate . 3ly . from this famous president of abrahams paying tithes of all to melchisedec , saint ambrose , sermo 34. in feria post primam dominicam quadragesimae . gregorie nazianzen , oratio 5. contra judaeos . chrysostom , hom. 35. in genes . isiodor hispalensis , in glossa ordinaria super gen. 16. rabanus maurus , l. 2. c. 16. in genesin . anastatius abbas , contra judaeos . elias cretensis , in orat. 5 walafridus strabo , de rebus ecclesiasticis , c. 27. stephanus tornacensis , epist . 171. with other antients , conclude , tithes to be due to ministers of the gospel by divine right : whom the r councils of mentz , anno 813 , 846 , 887. concilium aquense , anno 837. cap. 18. with the council of london , under arch-bishop hubert , anno dom. 1200. ( recorded by roger de hoveden ) annalium pars posterior , p. 806 , 808. thus second . decimas deo & sacerdotibus dei dandas , abraham factis , jacobus promissis insinuat ; deinde lex statuit , et omnes doctores sancti commemorant : et auctoritas veteris et novi testamenti , necnon & sanctorum patrum statuta declarant . decreeing thereupon , decimas de omnibus quae per annum renovantur , &c. praestare deo omnino non negligatur , quas deus sibi dari constituit : quia timendum est , ut quisquis deo debitum suum abstrahit , ne forte deus per peccatum suum auferat ei necessaria sua , &c. from his example , seconded with divine precepts , ſ gerold bishop of oldenburg , about an. dom. 1100. writ thus to the holzati and inhabitants of the deserts of wagira , ( then newly converted to the christian faith , and beginning to build churches , for gods publick worship ) that they should likewise pay tithes to their ministers , without which all the rest of their devotion would be nothing worth . dei enim praeceptum est , decimas ex omnibus dabis mihi , ut bene sit tibi , & longo vivas tempore : cui obedierunt patriarchae , abraham scilicet isaac & iacob , & omnes qui secundum fidem facti sunt filii abrahae , per quod laudem etiam , & praemia aeterna consecuti sunt . apostoli quoque et apostolici viri exore dei hoc ipsum mandaverunt . & sub anathematis vinculo posteris servandum tradiderunt . cum ergo dei omnipotentis proculdubio hoc constat esse pra ceptum , & sanctorum patrum sit aucioritate firmatum , nobis id incumbit negotii , ut quod vestrae saluti deest , nostro in vobis opere per deigratiam suppleatur . monemus ergo & obsecramus omnes vos in domino , &c. ut decimas , prout deus instituit , & apostolica banno firmavit autoritas , ad ampliandum dei cultum ecclesiae detis : ne si deo quae ipsi debentur substraxeritis , & substantiam simul & animam in interitum mittatis aeternam ; valete . upon reading which letter the rude people cryed out and raged , just as the anabaptists do now . his auditis tumultuosa gens infremuit , dixeruntque se huic conditioni servili nunquam collum submissuros , per quam omne pene christicolarum genus pontificum pressurae subjaceat , &c. whereupon henry the first duke of holzatia commanding them , as they would obtain his favour , ut solverent episcopo decimas cum omni integritate , sicut faciunt in terra polaborum & obotritorum : ad hoc praeceptum holzati obstinatis animis dixerunt , nunquam se datucos decimas , quas patres sui non dedissent ; malle se potius succenfis aedibus propriis egredi terram , quam tantae servitutis jugum subire ; praeterea pontificem cum comite & omni advenarum genere quod decimarum solvit legitima , interficere cogitabant , & terra inflammata , transfugere in terram danorum . neither obeying the presidents of abraham and the patriarchs , nor the laws of god , the apostles , or their prince , in paying their tithes to their bishop and pastor , as they ought ; whose practice our anabaptists and quakers now obstinately pursue . what strong convincing arguments , to prove the divine , moral , perpetual right of tithes to the ministers of the gospel , learned protestant divines ( to omit papists ) have deduced from this original direct president of abrahams tith-paying , those who desire further satisfaction herein , may read at leasure , in mr. calvin , junius , hemingius , and others on hebr. 7. zepperus , legum mosaicarum explanatio , l. 4. c. 40. dr. george carlton his tithes due by a divine right , richard montague his diatribae on the first part of mr. seldens history of tithes , cap. 1. stephen nettles his answer to the first part of the history of tithes , dr. robert tillesley his animadversions on mr. seldens history of tithes , dr. edward reynolds his explication on psalm 110. 2 , 4. mr francis roberts his revenue of the gospel is tithes , &c. cambridge 1619. richard ebur● his maintenance of the ministery , london , 1603. the truth of tithes discovered by r. g. london 1618. dr. john prideaux oratio 5. de decimis , anno 1620. p. 90. sir james semple his sacrilege sacredly handled , london 1619. john swan his redde debitum , london 1640. p. 181 , to 240. tithes are due jure divino , and dr. william sclater his question of tithes revived , or ministers portion , london 1623. ( an acute piece ) wherein all evasions and cavils to elude the force of this example , are sufficiently answered . 4ly . from this example of abrahams , seconded with the israelites practice , t mr. selden conjectures , or rather from the law of nature written by god himself in mens hearts ( as hugo de sancto victore , de sacramentis , l. 2. parte 9. c. 10. & l. 1. parte 12. c. 4. mr. mountague in his diatribae , ch . 3. dr. tillesly in his animadversions , p. 34 , 35. and others determine ; ) the old heathen grecians , romans , carthaginians , arabians , with other pagan nations , [ as the u mahometan , turks , moors , and other infidels since ] by an antient constant custome and usual practice , generally received amongst them , dedicated and paid tithes to their idol-gods and priests , of the encrease of all their substance , merchandize , gains ; and more particularly of all their spoyles and plunders gained in the wars ; wherein they were very carefull and devout . which mr. selden in his history of tithes , ch . 3. and review thereof , and richard mountague , in his diatribae , ch . 3. evince at large , by many presidents , testimonies , passages out of herodotus , demosthenes , xenophon , thucidides , dionysius hallicarnasseus , plutarch , pausanias , aristotle , aristophanes , suidas , callimachus , cassius , trogus , macrobius , plautus , festus , justin , pliny , servius , cicero , tertullian , arnobius , jac. gruterus , with others ; and that they paid no other determinate part else we read of , but a tenth only , to their gods and priests . now from whence ( write hugo , tillesly , and mountague ) should this custome and practice proceed , but only from the law of nature ? ad quam non docti , sed facti , non instituti fuerunt , sed imbuti , and that by god himself . amongst these presidents of pagans , there are 7. of special note , which i shall here remember , to shame the tith-oppugners of our age , who would be reputed the most precious christians , though their actions prove them worse than infidels . the first is , that of the old pagan romans , x who esteemed all their corn and wine ( sent them annually by the bounty of god ) so sacred , that ( by a constant custome and law used amongst them ) they might not lawfully eat , drink , sell , meddle with , or dispose of any part thereof after their harvest and vintage , till they had first sacrificed and tythed the first fruits and tenths thereof to their gods who ; ( as they supposed ) gave them the whole crop ; such was their piety and gratitude . the second is , that of the antient y heathen arabians , who by the law and custome of their country , were bound to carry all their frankincense ( the chief commodity of their country ) every year to sabota , ( the chief city of arabia felix ) and there to offer the tenth therof to their god sabis , which his priests received . neither might they make sale of any part thereof , till the owner there paid the tenthes by measure , not by weight . these very pagans holding all to be gods , ( the supream land-lord who gave it them ) till by paying him the tenth for a quotient , they redeemed the rest for their own common use . the third is that of the z pelasgi in vmbria , who being oppressed with a great dearth and scarcity of all things , conceived it proceeded from their neglect of paying tithes to their gods. whereupon they vowed the tithe of all their increase to iupiter , apollo , and the cabiri . after which vow they receiving a plentifull crop of all things , paid the tenth of all their increase to their idol-gods . and being admonished by apolloes oracle , that their vow was not performed , till they had sacrificed the tenth of their children , as well as of all their other increase , they thereupon sacrificed the tenth of them to the idols likewise . such conscience made they of all their vows and tithes . the fourth is that of the carthaginians ( thus recorded by a diodorus siculus , a pagan historian ) very remarkable . the carthaginians being descended from tyrus , were accustomed in former times to send unto tyrus the tenth of all their revenues & increase any ways renuing , issuing , or growing , for hercules ( the idol-god there worshipped : ) but in processe of time becomming very wealthy , and having exceeding great incomes , they sent very seldome their tithe unto tyrus , and that but small and refuse , in neglect and dis-regard of the deity . hereupon many disasters in war , crosses in affairs of state , with great losses and streights befell them ; especially by agathocles the sicilian . upon which , comming home to themselves , and repenting of their irreligion , they betook themselves to all manner of supplication and devotion , conceiving these losses and disasters were sent unto them of god. and for so much as they supposed hercules especially to be angry with them , who was chiefly worshipped at tyrus , from whence they were originally extracted , they sent exceeding great gifts and rich presents thither to him , and all the gods that were worshipped at tyrus , and brought unto them the tenth of all their increase , as formerly they accustomed . the fifth is that of b demosthenes ( that eminent pagan greek orator ) who is very bitter against androsion and timocrates , for bearing with some sacrilegious defrauders of the gods in their dues ; and much more for defrauding of themselves , and sacrilegiously robbing minerva of her tenths , and the other gods of their fifteenths . and he specially observes , ( let our souldiers remember it ) that those who purloyned and robbed the gods of their tenths and chiefest of their spoyles of war , came to nought , being destroyed by themselves at last and undone . the sixth is that of xenophon ( that noble heathen philosopher and general ) and his soldiers , thus recorded at large to posterity by his own pen , worthy our observation . [ c ] xenophon , after his memorable retreat with ten thousand men out of upper asia , where they had gained great spoyles from the enemy , arriving safely at cerasunt , mustred 8600 men , the rest being lost , partly by the incursions of the enemies , partly by the snows , and partly by sickness , here they divided the mony they had gained from the enemies : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. atque etiam decumam , quam apolloni & ephesiae dianae exemerant , ita duces distribuunt , ut quilibet ipsorum hisce diis aliquam partem ejus adservaret ; one part of this tenth separated to these two deities was delivered to neon . that part which xenophon collected for apollo , he laid up as consecrated in the treasury of the athenians at delphos . but that which was dedicated to diana he left with megabyzus the churchwarden of diana , upon this condition ( being about to fight with agesilaus at coronea , ) that if he escaped safe out of the battel he should restore the sacred mony to him : but if he received any disaster therein , that then megabyzus himself should dedicate it to diana , confecto donario , quod deae gratissimū fore arbitraretur . afterwards xenophon being in exile at scilunte , built for olympia , megab . comming thither to behold olympia , restor'd the mony to xenophon : who receiving it , bought therewith a field ( having woods & mountains in it , stored with trees , swine , goats , sheep , wildbeasts , and horses , ) for the goddess in that place , which was shewed unto him by the oracle of apollo ; he likewise built a temple , & an altar , out of that sacred money : a● post id temporis , semper consecratis fructuu● agri decumis , sacrum deae faciebat . and after that time he sacrificed to the goddess , for eder consecrating the tenths of the field to her service . near the temple there was a garden set with all sorts of fruit-trees good to eat . before the temple were pillars erected with this inscription on them , fundus dianae sacer. hoc qui poss●ssor fruitur , quotannis consecrato decumam ; de reliquo fanum sartum tectum conservato . si quis non fecerit , dea vindex est● . in which memorable historie we have six things considerable : 1. tithes of spoyls consecrated by the heathen graecian generals , captains and souldiers , to apollo and diana , as * agis after the end of the wars between the elei and the lacedemonians , going to delphos offered a tenth ( of the spoils ) to apollo . and agesilaus took the fruits of his enemies fields , ut intra biennium decumam delphico deo consecraret c. talentis ampliorem : as the same * xenophon records . 2ly . lands purchased with the spoils , and appropriated , consecrated for ever to the worship and service of diana . 3ly . a temple , and altar built with part of the spoils , for her worship and honour . 4ly . tithes annually consecrated and to be paid for ever to this temple , by xenophon and the possessors of these lands , out of the profits , venison and game thereof , for the maintenance of her worship and feastivals ; as the former words , and this passage farther evidenceth : earum feriarum , & municipes , & finitimi , tam viri , quàm faeminae participes erant : & sumministrat eis dea , qui agitant convivia , farinas cum panibus , vino , pecunia , bellariis . 5ly . repairs of this temple from time to time , out of the residue of the profits of these lands . 6ly . an imprecation of divine revenge , upon the neglecters , or refusers of the due payment of these annual tithes to diana , and of the residue of the profits , towards the reparation of her temple . the seventh is the memorable domestick president of cedwalla , one of our west-saxon kings ; who though a pagan and great plunderer , even before he became a christian , or was baptised , was so pious , that he gave the tenth of all his spoyles of war and plunders unto god , about the year of our lord , 686. which c william of malmesbury thus records . arduum memoratu est , quantum etiam ante baptismum inserviret ; ut omnes manubias , quas jure praedatorio in usus suos transcripserat , deo decimaret . in quo etsi approbamus affectum ( in paying tithes ) improbamus exemplum , in regard of his plundering . yea , our d venerable beda records ; that such was his transcendent liberality and bounty to gods church and ministers , that after his conquest of the isle of weight , he gave to walfred and his clerks for the lords use , the fourth part of the island ( to wit , 300 plowlands of 1200. ) and the fourth part of the spoyl thereof , in performance of his vow made before his regeneration in christ , that if he conquered the isle , quartam ejus partem simul et praedae deo daret . let iohn canne , with all the several irreligious sects , and sacrilegious regiments of our present tith-oppugners , detainers , substracters , seriously consider these pagan presidents , to inform their judgments , & reform their practices , lest they rise up in judgement against them here to their temporal , and hereafter to their eternal condemnation . and if after due meditation on them , their consciences shall not secretly check , censure , condemn them , for substracting their tithes from god himself , and his faithfull ministers , as well as some of these pagans consciences did them , for detaining their tithes from their idol-gods and priests , against the law of natures dictate engraven in their hearts ; but still pretend conscience against the due payment of them , and that out of their gains or spoyles of war , as well as their other increase ; they have just cause to fear , and others to suspect , that their consciences are most desperately cauterized , and the law of nature more dangerously obliterated out of their hearts , than out of these idolatrous pagans . 5ly . agobardus , who flourished anno 830. lib. de dispensation● , &c. rei ecclesiasticae contra sacrilegos , p. 266. hugo de sancto victore erud . theol. de sacramentis , l. 1. parte 12. c. 4. lib. 2. part . 9. c. 10. part . 10. c. 5. and annot. eluc . in genes c. 4. petrus commestor , hist . scholast . in genes . c. 26 petrus blesensis , epist . 82. gerold , bishop of oldenburge , in his epistle to the inhabitants of wagria ; helmoldus , hist . sclavorum , p. 92. positively affirm ; and since them sir james semple , in his sacriledge sacredly handled , stephen nettles , in his answer to the jewish part of mr. selden , and mr. richard mountague in his diatribae , p. 211. to 250. largely argue and a●●ert ; " that from the beginning of mankind , tithes were instituted and appoint ▪ to be paid , by god , who instructed adam himself ; and he his two sons kain and abel ; and they their posterity , to pay tithes and first-fruits to god , of all their increase . that the first-fruits abel offered unto god , were no other but his tithes , or the tenth of his flocks increase . that the sin of cain , causing god to reject his offering , was this , that he offered to god the worst , and lesse than the tenth of the fruits of the ground ; giving him not the full proportion of the tenth and best of his increase , as abel did " : which they ground on , gen. 4. 7. ( thus translated by the septuagint , whom philo the jew , and the greek fathers generally follow : ) if thou offer rightly , and divide not uprightly ( in giving me my tenth ) thou hast sinned ; hold thy peace ; and on hebr. 11. 4. by faith abel offered unto god 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( which the vulgar latin renders , plurimam hostiam ; other translators , vberius sacrificium ; and the english , a better or more excellent sacrifice ; ( and that for quantity , as well as quality , ) than kain : this i thought ●it to mention , as a probable conjecture , not an infallible verity : to back this opinion , robert grosted our learned bishop of lincoln , in his book , de cessatione legalium , ( written about the year 12 ●● . ) p. 95 , 96. determines , lex naturalis exigit , ut benefactori , de bonis ●uae gratis dederit , gratis rependatur honor & veneratio , unde & decimarum oblatio de lege est naturali : quia de bonis acceptis cum debeatur lege naturali repensio honoris , minus quàm pars minima , id e●● decima , ( quia ultra denarium numerus non est ) rependi non potest . master mountague , in his diatribae , chapter 3. page 245 , 246 , 247 , &c. doctor sclater , dr. tille●ly , and others observe , that god only wise , being e a god of order , not of confusion , doing all things in order , number , and due proportion , hath amongst all other numbers , specially fixed upon a tenth . and thereupon the antients heretofore , both natural , legal , pagan , and christian , ( led by a natural and divine instinct thereunto ) have ever principally insisted on a tenth in all their divine sacred rites , mysteries , dues , reserved by , or rendered of them to their gods ; and in all their publick civil taxes , tributes , customes , duties , imposed by , or paid to their emperors , kings , princes , and supreme magistrates . hence god saith expresly , all tithes are the lords , levit. 27. 30 , &c. and how his ? not by couetesie or tolleration , not by purchase or stipulation , not by compensation or annexation , not by benevolence or mens free donation but by original right of creation , in pro●ucing every ; thing in its kind ; and of absolute soveraign dominion ( expressed in the word f lords ) as a universal rent service or acknowledgement , reserved by god himself , the supreme land-lord of all the earth , from adam and all his posterity to the end of the world , g when he gave them the earth to inhabit and manure , as mere tenants at will under him . he that is h i am himself : qui cepit nunquam , desinet numquam : being vitae & essentiae interminabilis , tota simul & perfecta possessio , in aeterno su● consummato , ever possessed tithes ( as well as the seventh day , which he saith , is , i his sabbath ) since they had being , which are indeed his ab aeterno suo inch●ato . in this tithes were gods , not only at the time when he first challenged them by an expresse written law and reservation , levit. 27. 30 , 31 , 32 , &c. but long before ; even when abraham paid them : and before that , ever since the time of the creation , that god made any thing tithable to increase out of the earth for the use of m●n . the time never was that tithes were not gods , nor shall ever be that they shall cease to be his , and his priests and ministers in and by him , by his special donation and institution ( not mans ) for the constant support of his continual publick worship ▪ and that by a divine right ; god in those things which are direct points of piety and necessary appurtenances for his solemn worship , ( such as are tithes for his prie●●● and ministers competent standing maintenance in all a●●● , places , and weekly times for his worship ) never leaving men free to their own wi●ls , inventions , or arbitrary pleasures ( no more than land-lords their tenants , or kings their subjects ) but confining them to a certainty himself by his word , as well as he doth it in all parts and duties of his worship . that abraham knew this divine right of god to tithes , when he paid tithes of all to melchisede● , not arbitrarily , but of due right , by vertue of some divine precept , ( else k melchisede● had been inferiour to levi who received tithes from his brethren , by a divine law and command , hebr. 7. 4 , 5 , 6 , &c. ) he receiving this precept of paying tithes by tradition from heber , who learned it of s●m , who was so taught of his father n●ah : he by succession receiving it from adam ; who as he was wrought and fashioned by god , so was he herein taught and instruct●d by god. and therefore not only amongst the sons of god , such as called rightly upon the name of th● lord , but even amongst th● giants of the daughters of m●n , worshipping invented god● by themselves , and dedicatin● their tithes unto them ( as the premises evide●c● ) there never was number that did intrude upon the tenth , much lesse shoulder it out of doors . this number of t●● ( writes philo the learned jew ) that most sacred w●●●●● m●ses hath not a little commended , because the best duties of man are by him cou●hed under that number , as god ten commandements , vows , prayers , first-fruits , perpetual offerings , pardoning debts , and reducing all things unto their first estate , every fiftieth year of jubilee , ( made up of tenths ) the fur niture of the tabernacle , with a thousand such like in the old testament ( besides other things of like nature expressed under this number of ten in the l new ) by which we may know , that ten is the nvmber of perfection ( as ●ivers style it ) and hath near affinity with god in sacred things . that from gods own original reservation of tenths to himself and his ministers , this number became sacred and universal afterwards in all publick civil taxes , dues , reserved to kings and supream magistrates . for the first-born and chief of the family , from adam , till the levitical priesthood instituted , being for the most part king as well as priest thereof , ( as melchisedec who received tithes of abraham was , gen. 14. 18. heb. 7. 1 , 2. ) when these two offices came afterwards to be centred and settled in two distinct persons , thereupon the antient tenths ( reserved by god , and assigned to his priests and ministers in perpetuity , for their subsistence and maintenance of his publick worship , from the creation to the end of the world , by a divine law , which no humane powers could repeal ) both amongst gods own people , and most heathens nations ; were appropriated to , and received only by the priests and ministers , though divested of the royal dignity ; and a new tenth , by way of tribute , tax , custome , or subsidy ( amounting commonly to the tenth part of the people 's tithed increase and estates , in all kingdomes and republiks ) was by common consent imposed on and reserved , received by emperors , kings princes , and supreme magistrates from the people , for their support , defraying the charges of the government , and their peoples necessary defence upon all occasions . hence tributes , taxes , customes and publick impositions , were usually called tenths ( as well as ministers tithes ) both amongst gods own people , 1 sam. 8. 15 , 17. ( amounting to the tenth of their estates and increase ; as also amongst the antient romans , grecians , and most other pagan nations of old , ( as mr. mountague proves at large in his diatribae , c. 3. by sundry authors ) as they were anciently and at this day so stiled , both m amongst the turks , moors , spaniards , germans , italians , french , danes , swedes , poles , scots , irish , and most other pagan and christian nations at this day ; especially in england , as you may read at large in rastals abridgments of statutes , title taxes and tenthes ; brooks abridgement , and ashes tables , title quinzime , disme , tax and talla●e , and our parliament records . and from this number of ten their officers as well of state as religion , were usually stiled , decemviri , decuriones , decumani , decani , decadarchae , decatutae , decatologi , decatorii , and the like ; our names of offices of deans , tithingmen , collectors of tenths , &c. proceeding from the self-same number ; sacred every way even amongst pagan nations , both in their duties of piety and policy , by constant tradition , they knew not why nor wherefore , and likewise amongst gods people , upon the premised grounds . hence doctor tillesley thus concludes in his epistle to king james , before his animadversions on mr. seldens history . surely the number tenth or tithe is sacred and very mystical , and communicated only to consecrated or sacred persons that are gods vicars upon earth ; that is , kings and priests : decima regis et decima sacerdotis ; who both stand in gods place , and receive this portion as gods upon earth . from all which premises , mr. mountague , dr. carlton , dr. tillesley , dr. sclater and others conclude ( and let our army officers , new legisers , and all tithe-oppugners consider it ) that the ministers of the gospel now , as well as gods priests heretofore , have an eternal right to ecclesiastical tithes , by gods own unalterable institution ; and none else any right at all unto them but they ; from which right no man , nor all men can deprive or debar them ; by any pretended right , prescription , m●dus decimandi , custome , vsage , law , statute or appointment of any other maintenance in lieu thereof , as more just , equal and convenient . 6. tithes being originally due and paid to jesus christ himself , n god over all blessed for ever ; yea specially , reserved by , appropriated , consecrated to our lord god , as his peculiar holy portion , tribute , rent , right , inheritance , homage , from the sonnes of men , for the constant maintenance of his publick worship , and support of his priests and ministers attending thereon , to the end of the world . lev. ●7 . 30 , 32. numb . 18. 24 , 26 , 28 , 29. mal 3. 8 , 9. heb 7 2 , to 10. 1 cor. 9. 4 , to 15. and thereupon being usually stiled , both by o fathers , p councils , q popes decretals , r princes edicts and christian writers in all ages , dominica substantia , res dominicae , dei census , dei debitum , &c. non ab hominibus , sed ab ipso deo institut● : qua● deus in signum universalis dominii sibi reddi praecepit , suas esse decimas asseverans , &c. the constant payment of them to ministers under the gospel , is not only warranted , commanded by the equity and words of the 1 , 2 , 4 , 5 , & 8. commandements of the decalogue , ( therefore far from being a sin against the 2d . commandement , as ſ john canne most absurdly and impudently asserts ; as if gods precepts were repugnant to each other : ) but likewise expressely , positively , eternally , prescribed by our saviour christ himself , in this peremptory gospel-precept , recorded by three evangelists , matth. 22. 21. mar. 12. 17. luke 20. 25. render therefore to caesar the things that are caesars ; and unto god the things that are gods . thus seconded by the apostle paul , rom. 13. 7 , 8. render therefore to all their dues , &c. tithes ( as the premises evidence beyond contradiction ) have gods own image , impresse , superscription , as visibly , as legibly engraven on them by himself , as any tribute-money then shewed our saviour , had caesars , by the mint-masters ▪ yea , they were gods own antient , standing , constant , known tribute , at that very season when christ uttered this precept , and some thousands of years before , specially reserved by , and duly rendered unto god and his priests , by all gods faithfull people , many hundred years before we read of any tribute-mony paid to caesar , or any other king or prince . upon which ground , as they were then , ( by this direct gospel-commandement of christ himself ) enjoyned to be as constantly , duly , truly paid to god and his ministers , as any tribute , tax or customes are unto caesar , or other higher-powers whatsoever : so they have since our saviours daies ( except only in times of greatest persecution under pagan ▪ emperors , during which some tithes were rendered to god ▪ ministers in some places , or things of greater value , as i shall prove anon ) been still continued and universally paid to god in his ministers , in all or most christian churches , realms , republicks , from the first publick imbracement of the gospel amongst them , to this present , and more especially in this our realm , as mr. john selden in his history of tithes , doctor tillesley , tyndarus , rebuffus , with others prove at large ; and the author of respublica , sive status regni poloniae ( lugduni bat. 1627. p. 177. ) thus attest , for the church and clergy of poland , habent etiam decimam omnium segitum , publico principum ac totius poloniae consensu iam inde ab initio susceptae religionis christianae attributas , & aliis quibusdam pensionibus cumulatas . habent & luculentos fundos , praedia , pagos , oppida , arces , & territoria ; partim priscorum ibidem principum & regum ; partim privatorum munificentia adjectas ( as they likewise had in t ours , and other christian realms ) yet he afterwards subjoynes and complains , as we may justly do , nunc passim in alienas donationes ac decimas invaditur , longe majore avariciae rapacitatisque infamia , quam egestatis relevatione . therefore gods and our ministers tithes , being by our lord jesus christs own gospel precept thus positively commanded to be constantly and duly rendered unto them , as well as tribute unto caesar ; no consciencious loyal christians , but professed atheists , antiscripturists , rebels unto god and christ , can justly , or by any pretext of conscience , refuse the due , constant payment of them , no more than of lawfull tributes and taxes legally imposed on them by common consent ( u ) in free and lawfull parliaments ; nor any caesars , kings , princes , magistrates , or supreme powers , denie , defraud or deprive them of their tithes and dues , upon any pretext , without impairing , impeaching , subverting their own rights and titles to those civil tenths , tributes , which they challenge and receive from the people as their due , by this very precept of our saviour , which couples gods dues and his ministers together with their own ; the inviolable preservation whereof , is the best and readiest means to secure their own tenths and civil dues . whereas these princes , potentates ▪ powers , grandees , legifers , who are so sacrilegiouslie injurious as to invade , impair , diminish , substract or abolish , gods and his ministers tithes , duties , or divert them to pay their souldiers , or any other publike or private use , will thereby but undermine their own interests , and teach the people how to defraud , substract , deny their own antient civil tenths , customes , duties , taxes , rents . and new impositions , excises of all sorts , by way of retaliation ; most of the anabaptistical and levelling present petitioners against tithes and glebes , petitioning , declaiming likewise against all customes , imposts , taxes old or new , as x intollerable grievances and hinderances to sree trade ; and many of them asserting , all civil supreme powers and magistrates whatsoever , as antichristian and unlaw fall , as tithes and ministers are in their false account . lastly , all opposites to our ministers tithes do , and must of necessity acknowledge ( from the scriptures insisted on in the first proposition , and reasons there alleged ) that some competent maintenance , salary , recompence , reward , or other ( arbitrary as they hold , certain and setled as we assert ) belongs to the ministers of the gospel by a divine , moral , natural right , justice , and equity ; as all grant a sabbath ( and government ) in general to be of divine authority , institution , and morally due to god. now the whole church of god from the creatiō to this present , ( though under various dispensations in the times of the patriarchs , law and gospel ) being but y ●ne intire corporation or spiritual body-politique , wherof jesus christ himself is the only head , king , lord , law-giver , high-priest , chief pastor , minister , advocate , saviour , foundation , corner-stone ; and the successive priests , ministers and members thereof from the beginning to the end of the world , serving , worshipping , adoring , only one and the self-same true , z immutable , invisible , eternal lord god , according to his prescribed will and word : and jesus christ himself ( the only high priest of this church for ever ) receiving , and god his father prescribing tithes for the maintenance of his priests and levites , both before and under the law ; and no wayes abolishing , but ratifying them in and by the gospel , as i have already proved : there neither is , nor can be any other particular kind of competent , sitting , standing , setled maintenance , reward or recompence for all the ministers of the gospel evinced , demonstrated out of gods word , which may be truly reputed moral , natural , divine , universal , perpetual and unarbitrary ; nor any other duly rendered from all christians in all ages , places , a in faith conscience , and sincere obedience towards god , as such a maintenance , but this of tithes alon● , independent on the lusts & wills of men : it being that which the patriarchs , no doubt by gods prescription being paid in faith ) both vowed and paid to god before the law ; which god himself afterwards specially reserved , prescribed , and all his people duly rendered under the law ; annexing many promised blessings to the true payment , denouncing many threats , curses to the sacrilegious substraction or detaining of them ; that which christ himself and his apostles most specially pointed at , commended , ratified in the gospel ; that which all christian kings , states , magistrates , churches , christians under the gospel in all ages , places have generally fixed upon , approved , asserted , prescribed , ●●tified , a● not only sacred and divine but as such a most ●●●t , w●●e , equal , excellent , incomparable way of maintanance ( invented by the most wise god ) which cannot be matched , much l●sse amended , exceeded by all the policy , wit , o● wisedom of men : being a most certain , standing , unva●i●ble , convenient allowance in all ages , places , seasons , alterations , how ever things rise or fall , continuing unalterable like the weekly sabbath ) as to the porportion or qu●●apa●● , in all vicissitudes of warre , peace , plenty , scarcity , famine ; and causing all ministers to sympathize , fare , share alike with their people everie where , be the times and seasons good or bad , wet or dry , plentifull or barren ; and giving them a competent share in b all their temporal blessings , without such toyl or labour as might interrupt them in their ministry , studyes , and furnishing them with a tenth part of every tythable thing their respective parishes yield for the food , cloathing , support of themselves , families , cattel , or vendibles of somekind or other , sufficient to buy what else they want . this way of maintenance therefore so sacred , divine , antient , moral , universal , convenient , equal , unalterable , and so long continuance in gods church in all revolutions , may not , must not , cannot be either totally abrogated , substracted , detained , diminished , nor changed into any other new fangled pretended more equal , just , certain , convenient , lesse troublesome stipendiary , salary , by any pragmatical , jesuitical , anabaptistical , atheistical politicians , statists powers or legislators whatsoever , without the highest antichristian pride , presumption , insolency , and c exaltation of themselves above and against god himself , whose special sacred institution , portion , rent , inheritance , right , and due they are ; particularly ( both by name and kind ) reserved , prescribed by , appropriated , devoted to himself , by his own command ; which all emperors , kings , princes , potentates , powers , generals , armies , nations in the world have no power or jurisdiction to repeal , disobey , change , alter ; no more than tenants their landlords antient quitrents , services , tenures , or subjects , servants , their kings or masters laws , orders , mandates , yea no more than they can change gods weekly sabbath into another different proportion of time , or any other sacred institution , into a new superstitious humane invention , as learned ke●kerman , in his system . polit. l. 1. c. 21. polanus in ezech . 48. v. 14. dr. carlton , and dr. scalter , in their treatises of tithes , assert and prove at large . this divine right of tithes even under the gospel , which i have pleaded for , hath been constantly asserted in all ages , since the apostles times till now , by fathers , councils , the laws , edicts of christian emperors , kings , parliaments , canonists , casuists , schoolmen , historians , lawyers , popish , protestant divines of all sorts and nations . dr. richard tillesly in his animadversions upon mr. seldens history of tithes , printed london 1619. p. 3 , to 30 , hath colected a catalogue of no lesse than 72. such authorities ( in a chronological method ) before the year of our lord 1215. as have asserted their ius divinum , in all ages before that ; whereof irenaeus ( flourishing in the year of christ 180. ) is the first , and the constitutions of fredericus the second , the last , where those who please may peruse them . mr. seldens laborious history of tithes , and review , especially ch . 5. 6 , 7 , 8 , 9. supplies us with many more authorities of this kind , in succeeding times , especially with our own domestique laws and councils , to whom i refer the impartial reader , and to dr. tillesly , dr. sclater , mr. mountague , mr. nettles , and sir james semple their animadversions on and answers to his history : if any desire further satisfaction in this point , let them peruse andr. hispanus , de decimis tractatus . petrus rebuffus , and tyndarus de decimis , printed colo. 1590 gaspar boetius , de deciman tutori hispanico jure praestanda : grav . 1565. ignatius laserte & molina , de decimis venditionis , & permutationis . ioan. giffordus , moderata dissertatio de ratione alendi ministros evangelicos : hanov. 1619. gulielmus redoanus , de rebus ecclesiae non aliendis : ven. 1589. & de spoliis ecclesiae romae . 1585. alexander stiaticus , repet . in extrav . ambitiosae : de rebus ecclesiae non aliendis . alph. villagus , de rebus ecclesiae non ritè alienatis , recupe●andis : bon. 1606. ( a treatise of hard digestion in these sacrilegious times : ) sir henry spelman , de non temerandis ecclesiis : dr. john prideaux , orat. 5. de decimis : dr. edward reynolds , explanation on psal . 110. v. 4. gul. zepperus , legum mosaicarum explanatio , l. 4. c. 40. and learned hugo grotius , who thus concludes in his book de jure belli & pacis , l. 1. c. 1. ●ect . 17. p. 9. ( deservedly magnisied by all scholars , lawyers , politicians , souldiers , and therefore i close with it , to stop all their mouths at once . ) i exvetus de sabbato , & altera de decimis , monstrant christianos obligari , nec minus septima temporis parte ad cultum divinum ; nec minus fructuum decima in alimentum eorum qui in sacris rebus occupantur , au● simil●s pios usus seponant . resolving the tenth part of mens increase at least , and no smaller proportion , to be d as justly , morally , perpetually due to god and his ministers under the gospel from all christians , as the weekly sabbath , and seventh part of their time , and no lesse , is due still by them to god and his publike worship . thus much for the divine right of our ministers to their tithes , omitted in the former part , but here supplyed , for the readers fuller satisfaction in these sacrilegious times , which so violently and impiously decry it without scripture , reason , antiquity , authority , out of malice and design . the succeeding chapters more concern their legal , rational right and equity depending on their divine . chapt . iii. having dispatched the two principal propositions of greatest concernment , ( wherein i have been larger than i at first intended ) to satisfie all mens consciences , and stop the mouths of all gain-sayers , i now proceed to the third proposition . that if tithes and other maintenance by glebes , oblations , pensions , formerly setled on our ministers , be either wilfully withheld , or substracted from them by the people , in part or in whole , the civil magistrates may and ought by coercive laws , penalties to inforce the payment of them in due form and time , both by the law of god , and rules of iustice , without any injury or oppression to the people . this proposition necessarily follows from the former two : for if there be a just , competent , comfortable maintenance due to all lawfull painfull preachers , and ministers of the gospel , even by divine right , institution , expresse precepts , both of the gospel and law of god ; and that as a just debt , hire , wages , salary , right , not as a mere voluntary gift , alms , benevolence ; and the setled maintenance of our ministers by tithes , glebes , oblations , pensions , and other duties , be such ▪ as i have already demonstrated : then the civil magistrates may and ought by coercive laws and penalties to enforce the payment of them in due form and time ( as our very officers by such means enforce their souldiers , parents their children and servants , schoolmasters their scholars , yea our troopers their very horses , held in with bits and bridles when unruly , and quickned with spurs when lazy : and shepheards their very sheep , with their dogs and hooks , when there is cause , to do their duties , and reform their errors ) without the least guilt or colour of injury or oppression to the wilfull , obstinate , or negligent detainers of them ; and that by the self-same laws , rules of justice , reason , conscience , as all tith-opponents yet grant , they may enforce obstinate or negligent tenants , creditors , masters , publick or private accomptants , trespassers , disseisors , and the like , to pay their just rents and services to their landlords , their due debts to their creditors , their contracted wages to their hired labourers or menial servants , their audited arrears to the publick treasury , or others to whom they are indebted upon account , their ascertained dammages to such as they have injured , and to restore the goods or lands unjustly taken or detained , to those they have plundered or disse●sed of them , yea as justly as they may by any coercive laws and means enforce and constrain any obstinate perso●● o● merchants , to pay all tenths , fifteens , subsidies , ayd● cu●toms . tonnage , poundage , for defence of the real●●y and or sea when publickly and legally granted in and by a full , free , and lawfull parliament , duly summoned and elected by the people , according to the a manifold laws and statutes enacted for that purpose : the want of which indubital ingredients only , how fatal they have been to parliaments in former ages , to make them and all their acts , iudgements , orders , ordinances , mere nullities , and what a prejudice they have been to the people and republick too , those who please may read at leasure in the statutes of 39 h. 6. c. 1. & rot. parl . n. 3. 17. c. 7. and the act for repealing the parliament of 21 r. 2. in the parliament o● 1 h. 4. c. 3. the reason of which repeal , is thus recorded by mr. oliver saint iohn in his declaration in parliament against the shipmony iudges , anno 1640. ( printed by the commons command ) p. 33. that parliament of 21 r. ● . of revocation , was held by force , as is declared in the parliament roll of 1 h. 4. n. 21 , 22. that it was held viris armatis , et sagitariis immensis . the knights of parliaments were not elected by the commons prout mos ●xegit , sed per regiam voluntatem : and so the lords rex omnes dominos sibi adhaerentes summonare fecit . whereupon nu. 48. these judgements of revocation ( and that of the whole parliaments proceedings too ) are declared to be erronea , iniqua , et omni juri et rationi repugna●tia , erroneous , wicked , and contrary to all right and reason : so mr ▪ saint john , numb . 37. this was one grand article of impeachment of king richard the 2 ● . for which he was then deposed from his government by a forced resignation . heu licet quod eo statuto & consuetudine regni sui , in convocatione ●uju●libe● parliamenti sui , populus suus in singulis comitatilus regni debea● esse l●ber ad eligend : & depu●a●d : milites pro hujusmodi comitatibus , ad interesse●d . parliamento , & ad exponend . eorum gravamin● , & ad prosequend . pro remediis superinde , pr●u● eis videba●ur expe●ire ; tamen praefa●us rex ut in parliamentis suis ut liberius consequi valeat suae temerariae voluntatis effectare dir●xit mandata sua frequentius vice●omi●ibas suis ut certas personas per ipsum regem nominatas ut milites comitatus venire faciat ad parliamenta sua : quos quidem milites eidem regi faventes indulgere poterat prout frequenter fecit quandoque per minas varias et terrores , quandoque per munera ad consentiend . illis quae regno praejudicialia fuerant et populo quamplumum onerosa , et specialiter ad concedendum eidem regi subsidium ad certos annos suum populum nimium opprimendo . which i leave to john canne to english for those who understand not latin , or our laws , and would strip our learned ministers of their tithes and setled maintenance by colour of an extraordinary call ( as he terms it ) to such an extraordinary sacrilegious work as this . quest . but what ground is there in scripture ( may some demand ) for compelling people to pay their tithes and other duties to their ministers ? answ i answer 1. we have the president , law , and commandement of godly hezekiah , recorded in the 2 ●hron . 31. 4 , 5 , 6 , 7 , 8. with the good effect it wrought , already recited . 2ly . the examples of zealous nehemiah , and the religious nobles and people under him ; who entred into a solemn covenant , curse , oath , and made ordinances to charge themselves yearly with the third part of a shekle for the service of the house of god : and that they would bring in all their first-fruits and offerings , and the tithes of their ground unto the levites , that the same levites might have their tithes in all the cities of their tillage , neh. 9. 38 c. 10. 1. throughout , specially v. 29 , 32 , 37 , 38 , 39. ch . 12. 44 , 45. which when afterwards neglected , by the people , nehemiah contended with the rulers ( for their negligence in not enforcing the people to pay them ) whereupon this effect ensued , then brought all iudah the tithes of the corn , and the new wine , and the oyle unto the treasurers , &c. and nehemiah was so far from deeming this injustice or oppression , as some now malitiously term it ; that he prayes , remember me , o my god , concerning this , and wipe not out my good deeds , that i have done for the house of my god , and for the offices thereof , neh. 13. 10 , to 15. from which president nicholas hemingius ( a far better divine and scholar than john canne and all his associates against tithes ) thus resolves in his commentary on 1 thess . 5. 1● , 1● . therefore the godly are to be admonished . that by divine right they owe stipends unto the ministers of the church . but that nothing may be here neglected to the dammage of the ministry , this care belongs to the superious . for if kings be nursing fathers to the church ( as isaiah admonishe●b ) possunt et debent jure divino ministris ecclesiae stipendia ordinare , they may and ought by divine right ( or gods law ) to ordain stipends to the ministers of the church , by the example of the most godly king hez●chiah , 2 chron. 31. that they may wholly addict themselves to the law of god. and if the people detain these salaries , and setled dues from them , they may enforce them by fines , penalties , and actions to pay them . 3ly . if these examples prevail not , we have the president of a zealous heathen prince ( who shall rise up in judgement against many pretended magistrates , resusing to assist complaining ministers to recover their just tith●s and dues from their refractory ingrate people ) to wit , king ●●taxerxes , who making a decree for furnishing ezra the priest with whatsoever he should require for the maintenance of gods worship and house , ezra 7. ●1 , &c. concludes it thus ; v. 26. and whosoever will not do the law of thy god , and the law of the king ( which confirm our ministers tithes and dues ) let iudgement be executed speedily upon him , whether it be unto death , or unto banishment , or to confiscation of goods , or to imprisonment . and lest any should deem this a tyrannical , oppressing edict , ezra himself subjoyns in the very next words , v. 27. blessed be the lord of our fathers , who hath put such a thing as this is in the kings heart . which law if now put into due execution , would send canne and most of his confederates here packing back again to amsterdam , or some gibbet , or prison , and strip them of the goods they have got by the warres and troubles of the time . 4ly . we have king darius his decree for repairing gods house , and furnishing the priests there with all necessaries they required , which thus concluces with a most severe penaltie against the wilfull disobeyers of it , ezra 6. 11. also i have made a decree , that whosoever shall alter this word , let timber be pulled down from his house , and being set up , let him be hanged thereon , and his house be made a dunghill for this . how many n●w 〈◊〉 should we now have throughout england , and how many new purchased houses by those who had no●e of late , would be made dungheaps , if this rigid law were now put in ●●e ? which may stop the clamorous months of such who cry out against laws and ordinances for tithes , prescribing more moderate penalties . object . but all this is but old testament will many now object : what can you allege for your propositions ●●●●f out of the gospel ? answ . to stop their mouths , i answer , 1. that the gospel expresly commands all living under it , to render to all their dues : therefore to ministers ( to whom i have proved tithes and other setled maintenance to be a just due and debt ) to owe nothing to any man , rom. 13. 7 , 8. therefore not to ministers . but what if bold , atheistical , obstinate or covetous wretches will not pay these dues to their ministers , doth the gospel allow magistrates and higher powers to compel them to it ? yes , in the very antecedent words , v. 4 , 5. if t●ou do that which is evil , ( as the defrauding , denying , detaining of the ministers , as well as the magistrates , or any others due debts and salaries , is a doing of evil , prohibited by the forecited words , and many other texts elsewhere insisted on ) be afraid , for ●e beareth not the sword in vain ; ( as he should do , might he compell none by it to their duties ) for he is the minister of god , even a revenger to execute wrath upon him that doth evil : wherefore ye must needs be subject ( in yielding to their commanding laws and ordinances for tithes and ministers dues , as well as others , edged with coercive penalties ) not only for wrath ( that is , for fear of the penalties which else fall upon you for your disobedience , exasperate the higher powers and civil magistrate to execute wrath upon you ) but even for conscience sake ; which should more prevail with men than wrath and penalties ; though our tithe-detainers now are grown so atheistically impudent , as to alledge conscience for not rendring them , and robbing god himself of them , mal. 3. ●● as well as his ministers . 2ly . the holy ghost by the apostle peter thus seconds his former precept , by paul , 1 pet. 2. 13 , 14. submit your selves to every ordinance of man for the lords sake , whether to the king , as supream , or unto governours : who have made many lawes and ordinances for payment of our ministers tithes and duties . yea , but say our sturdy armed , and unarmed tithe-detainers now ; what if we will not do it , as we are resolved , notwithstanding all such laws and ordinances ? what ? are you resolved to disobey and contemn gods gospel , laws and ordinances as well as mans ? where is your religion , your saintship you so much boast of ? will you * provoke the lord himself to wrath , are you stronger than he ? i presume , not : therefore the apostle subjoins , that these kings and governours are sent by him for the punishment of evil doers : and such are all those who detain the ministers established dues , who are not only theeves and robbers of god in the old testaments language , mal. 3 8. but committers of sacrilege , rom. 2. 20. thou that abb●rrest idols ( as many tithe-oppugners pretend they do ) dost thou commit sacrilege and church robberie ? acts 19. 37. in the new testaments and meer heathens dialect ; who fall under the just punishment of kings and governours , whom god will bear out in the just punishment of such evil doers , or elle punish them himself in a more severe manner , if the armed sonnes of a zerviah be too hard for david , and b it is a fearful thing to fall into the hands of the living god , who even under the gospel is a consuming fire , heb. 12. 29. and hath proved so to many tithe-oppugners very lately , both in consuming their houses and personal estate , as well by real fire , as by inflicting spiritual judgements on their souls . 3ly . our saviours own words recorded in the gospel , are direct in point . luke 12. 57 , 58 , 59. mat. 5. 25. and why , even of your selves judge ye not what is right ? ( in paying your just dues and debts to all you owe them without sute or coercion , as the next words literally import : ) when thou goest with thine adversary to the magistrate , as thou art in the way give diligence that thou mayest be delivered from him , lest he bale thee to the judge , and the iudge deliver thee to the officer , and the officer cast thee into prison verily i say unto thee , thou shalt by no means come out thence , till thou hast paid the uttermost farthing ; or very last mite . here is a gospel resolution of our saviour in two evangelists , ratified with a verily i say unto thee ; that all those who will not pay their ministers tithes and dues , as well as other mens debts , may be lawfully brought and haled perforce before the magistrate , and by the magistrate and judge , condemned in double dammages , ●ast into prison , and not suffered to come out thence , till he have paid the utmost farthing , not only of his detained tithes and dues , but of his fine , forfeiture , and costs of sute , prescribed by our laws . and let all our swordmen and other oppugners of our coercive laws against detainers of ministers tithes and dues , give our saviour himself the title of a tyrant , and oppressor , a lyar , if they dare , and that such proceedings are not sufferable under the gospel . 4ly . there is nothing so free and voluntary in the world , that i know , as almes and charity to poor distressed saints and christians ; yet the gospel accompts this a due debt ; and all able to give them , debtors , rom. 15 27. and if any refuse to render them , out of their hard-heartedness , and want of charity ; the christian magistrates under the gospel may , not only rate and assesse them according to their estates towards the poors relief ; ( as they do in all christian republicks and realms ) but by distresses , sale of goods and other coercive wayes compel them to render them ; and that both by the common law of england , and the statutes of 22 h. 8. c. 12. 27 h. 8. c. 25. 1 edw. 6. c. 3. 5 e. 6 c 2. 7 e. 6. c. 11. 1 phil. & mar. c. 6. 5 eliz. c. 3. 14 eliz. c. 3. 18 eliz c. 3. 22 eliz. c. 11. 23 eliz. c. 3. 3 1 eliz. c. 10. 35 eliz. c. 7. 43 eliz. c. 2. as dalton and other justices of peace , tit. poor , maimed souldiers . therefore admit tithes mere alms ( as some would have them ) yet when and where detained , they may be as justly levyed and recovered by coercive laws and statutes as alms to the poor , and those who condemn coercive laws for tithes as unbeseeming the gospel , must tax and repeal all laws for the poor , and for maimed souldiers too , as such ; which i presume they will not do . 5ly . i suppose neither canne himself ( who receives pay as a chaplain to the army out of publick contributions from the people , not from voluntary contributions of the souldiers ) and all other officers and swordmen oppugning the coercive maintenance of our ministers by tithes or otherwise , will maintain even unto death ; that the people ( even against their wills and consciences too ) may be enforced to pay monthly taxes and excises ( amounting to twenty times more each year than all the ministers tithes in england ) by coercive orders and ordinances , ( though not made in a full , free , or old english parliament , nor warranted by so many indisputable acts of parliament as ministers tithes and dues ) and levyed by imprisonments , distresses , forfeitures , armed violence , and free quartering of souldiers on the people , ( though adjudged high treason in straffords case in full parliament , for which he lost his head ; ) our ministers therefore being real spiritual souldiers of jesus christ , even by the gospels resolution ; and not to go a warfare at any time on their own free cost , but upon the peoples pay & wages , as due to them , as any souldiers ( which i have formerly proved ) they must by the self same reason acknowledge the levying & enforcing of the payment of their less burdensom , and more legal , necessarie tithes for the defence and preservation of the very gospel , religion , gods glory and mans salvation once a year , by penalties , forfeitures , imprisonments , or distresses when obstinately detained : or else disclaim their own coercive contribution ; first , to maintain unchristian bloodie wars between christians of the same religion , in firm unity , and amity with us , which are not so necessarie , or commendable amongst christians , who should a live peaceably with all men ( not make a last trade of war ) b love as brethren , c lay down their lives one for another , yea d love and pray for their enemies ( not murder or destroy them ) and a beat all their swords into plowshares and their spears into pruning hooks , not lifting up sword nation against nation ( as now they do to the peril of the gospel , reproach and slaunder ) and learn war no more ) as is the spiritual warfare of our ministers against the world , flesh , sin , devil , and all errors , blasphemies , corruptions , for the eternal salvation ( not destruction ) of mens souls and bodies too . 6ly . we find it long since prophecied in the old testament , in relation to the calling to the gentiles by and under the gospel , isay 49. 23. that the kings of the gentiles should become nursing-fathers , and their queens nursing-mothers to the church , isay 60. 9 , 10. surely the isles shall wait for me , and the ships of tarshish first , to bring my sons from far , their silver and their gold with them : and the sons of strangers shall build up the walls , and their kings shall minister unto thee , psal . 72. 10 , 11. the kings of tarshish and of the isles shall bring presents , the kings of sheba and seba shall offer gifts , yea all kings shall down before him ( and then ) all nations shall serve him . thus seconded in the new testament , rev 21. 24. where it is prophecied of the heavenly jerusalem ( the church of christ ) the kings of the earth do bring their glory unto it . which prophecies concerning kings , and likewise kings of isles in particular ( and no other sorts of governors , which is observable ) have been most eminently verified of the kings and queens of this isle and realm of britain , beyond all the kings , queens , regions , isles and kingdoms in the world besides , to the eternal honour of that late rejected , abjured form of kingly government ( derived from gods own form of b kingly government over the whole world , and of c christs royal government over his church both militant and triumphant ) and of this our isle : where god blessed our church and kingdom , 1. with three such worthy heathen kings in succession , a arviragus , marius , and coylus ) who though they embraced not the christian faith here preached soon after our saviours ascension by james the son of ze●edee , simon zelotes , peter , paul , aristobulus , and philips twelve disciples , wherof joseph of aramathaea ( who honourably interred our saviour ) was chief , yet they courteously entertained them , permitted them freely to preach the gospel to their people , gave publick entertainment to the persecuted christians resorting hither as to a safe and peaceable sanctuary , when they were forcibly expelled out of all other kingdoms and countries throughout the world , and roman empire , by bloody persecutors , bestewed lands and a comfortable maintenance on the preachers of the gospel at glastonbury , where they built the first christian church in the world ; and were the first kings and kingdoms in the world who gave publique reception , protection , countenance , maintenance to the preachers and professers of the gospel ; as not only our own historians , but two forein writers , namely polydore virgil : hist . angl. l. 2. and cardinal baronius himself . annal. tom. 1. an. 95. n. 5. with spondanus in his epitome of him , records . 2ly . with the first christian king we read of , publickly baptised , professing and establishing the christian faith , builded , endowed churches and ministers with glebes and other maintenance ; to wit our famous king lucius , who about the year 187. ( as b matthew paris , matthew westminster , the history of rochester and others record ) possessiones et territoria ecclestis et viris ecclesiasticis abundanter conferens chartis & munimentis omnia communivit : ecclesias vero cum suis coemiteriis ita constituit esse liberas , ut quicunque malefactor ad illa confugeret , illaesus ab omnibus remaneret : ( a good policy at that time to draw pagans to frequent the church , and hear the word , to convert them both from their paganism and evil lives ; ) he not only giving all the lands and possessions belonging to the pagan temples and priests to the churches and ministers of the christians ; se● quia majorem honorem illis impendere debuerat , augmentavit illas amplioribus agris et mansis , omnique libertate sublimavit , as galfridus monmuniensis , and gervasius tilburiensis affirm : here was a true nursing father indeed to gods church and ministers . 3ly . with the first christian queen we read of in all the world , to wit , queen helena , a daughter and heir to king ●oel , and mother to constantine the great , who was a carefull nursing mother , and bountifull benefactor to the church and ministers of christ , as eusebius in the life of constantine , ambrose orati● in obitum theodosii , baronius in his annals , and speed in his history of great britain , p. 156. record . whence she was stiled in antient inscriptions , venerabilis et piissima augusta ; both for her extraordinary piety , and her converting of constantius her husband to the love and protection of the christian religion , and the professors of it , who by her means creeping out of the dens and caves where in they were hid , began to exercise their devotions publickly , and to reedifie the old ruinate churches ( which dioclesian the persecuting emperour had levelled to the very ground in all places , ) and to erect new ; b she herself at her own cost , erecting a stately church over our saviours sepulchre at jerusalem , famous till this very day . 4ly . with the first christian emperor in the world , even that famous constantine the great , born and elected emperour in this island , educated in the christian faith by his pious mother , the best , the greatest nursing father the church of god ever yet enjoyed in the world . c for first , he destroyed the two grand persecutors of the christian religion , maxentius and licinius , with their adherents , and demolished all the idol-gods and monuments of idolatry throughout his dominions . 2ly . he reduced all the exiled christians driven out of their countries into desolate islands , caves , dens , desarts , restored them their lost possessions , established christian magistrates throughout his empire , encouraged , protected the christians in all places , in the publick profession of their religion , and suppressed the heresies and schismes that sprung up amongst them , by councils and publick edicts . 3ly . he caused all the churches in this isle and elsewhere , which by the decrees of dioclesian were levelled in all places to the very ground ( which some atheistial anabaptists , and jesuitical incendiaries even in these pretended glorious times of piety and reformation endeavour to do again ) to be re-edified , and new ones to be founded throughout his dominions ; himself erecting most magnificent temples to gods honour , ( as king david did out of holy zeal , and love to god , not popish superstition , as some now censure it , 2 chron. 22 5. c. 29. 1 , 2 , 3. ) both in rome it self , ierusalem , hostia , neapolis , hirapolis , constantinople , and other cities , endowing them with ample possessions , and all other churches with convenient glebes , mansions and revenues . 4ly . he encouraged , protected , advanced godly ministers , learning and religion , by setling a competent maintenance on them , both for their livelihood and encouragement , most preferring , esteeming , rewarding the best deserving of them . and by this means so laid the soundation of the christians security , and the churches maintenance , that the same hath stood under the protection of christian kings and princes ever since . and albeit many caesars his successors , have often attempted to shake it by their authorities , and the sharp instruments of heretiques have dangerously undermined it , yet hath it born out the storms of all their boisterous assayes , and stood in the sirength that this emperor first laid it , ( as speed and others observe . ) and for these blessed fruits of this prime nursing father of gods church , he had then , and ever after , these most glorious titles conferred on him by the christians , and ecclesiastical writers , most blessed emperour , most pious , sacred , divine most happy redeemer and restorer of romes city , and the whole world from paganism , tyranny , persecution , and founder of the churches peace . ; which those shall never enjoy , who labour to demolish and extirpate what h● thus founded and established . 5ly . god hath blessed our church and isle ( as io. capgrave in his prologue , sir hen. spelman in his epist . dedicatory to his councils , and the author of fasciculus temporum record ) with more kings & queens , who for their extraordinary piety , incredible zeal , liberal alms , manifold works of mercy , incomparable humility and contempt of the world , their munificent , magnificent and admirable bounty to the ministers and saints of god , and in building , adorning , endowing churches with tithes and glebes , and some of them for suffering martyrdome for defence of religion by pagan invaders , were justly reputed and kalendred in the church of god , for saints ( though infected with some superstititions of those blinder times , which the age wherein they lived may excuse , and their other vertues over-ballance and delete , ) than any other isle , region or kingdom throughout the world , how great or populous soever . there being no less than twelve of our antient saxon kings crowned with martyrdom by infidels ; and ten of them canonized for saints for their transcendent holiness ; and no less than thirty kings and queens within 200 years space , who laying down the height of their worldly power , crowns and glory , that they might gain beaven by force , betook themselves to a devout , retired religious life , ( according to the devotion of those times ) in some private monasteries ( for the most part builded and endowed by themselves ) or else went as pilgrims to rome , then reputed famous for her piety . besides multitudes of the royal progeny who followed their examples both in their piety , charity and bounty to the church . and amongst others of our antient kings , king e●helwolfe gave not only the tenth out of all his goods and chattels , but likewise of all the lands and houses of his whole realm to the church . his sonne , incomparable a king alfred ( founder , or at least b restorer and enlarger of our famous vniversity of oxford ) though he was for the most part taken up with warres and military affairs by reason of the danes invasions , fighting no lesse than 52. set battels with them ( for the most part with glorious success ) yet out of an ardent zeal to god , in emulation of zacheus , he gave no lesse than half of his annual rents ( and spoils of war besides ) in pious uses ; to wit , for relieving the poor both at home and abroad , for maintaining , rewarding scholars , ministers , building schools of learning , maintaining professors of divers arts and sciences in them , especially in oxford , and devoted no lesse than the third part of his time ( to wit , eight hours every natural day ) to his sacred studies and devotions ; besides the time he spent in his military imployments , civil government , and enacting laws of most excellent use by advise of the wisest men , which have continued ever since . so as asser menevensis , ( in egercituesse ) in his life , spelman and others give this brief character and encomium of his excellencies , o stuporem omnium aetatum aluredum ! cujus dum religionem intuemur , nunquam exiisse videatur monasterio : dum bella & militiam , nullibi versatus fuisse unquam nisi in castris : dum scripta ejus & lucubrationes , vitam trans●isse in academia : & dum regni populique sui administrationem , nihilo unquam studuisse , nisi in foro & senatu , justitiae promovendae , legibusque bonis sanciendis . of which good laws of his ( extracted out of the old and new testament for most part ) a this for the due payment of tithes and oblations to ministers was one , cap. 38. decimas primigenia & adulta tua deo dato . o that all those militarie victorious commanders who boast of like victories as he obtained , would imitate him in these his vertues , bounty , liberalitic , both to our universities , scholars , ministers , and promulging edicts for the due payment of their detained tithes and dues ! and then they should be chronicled for saints indeed , as well as the forenamed kings , of which there was not one in three in former ages ( as sir henry spelman observes ) who did not adorn , augment & enrich the church in some things , even during their very wars , instead of making a mere prey and spoyl of her ( as some late saints have done ) to maintain the warres and enrich themselves . in which sacrilegious rapines , if any shall persevere to the utter ruine of the remaining glebes , tithes , maintenance of all our ministers and churches too ( the prime honour of our nation , a ecclesia , faemina , lana ) as some have designed , and would engage them to do , to render our religion , nation , and those who shall give their votes thereto for ever execrable ; let them take heed , that instead of inducing the ministers and godly people really fearing god , throughout our three nations , to forget monarchy , and be in love with their new military government , they do not necessitate them , and most others too thereby , ( by comparing their irreligious church ▪ robberies , and sacrilegious rapines against the very laws even of war and conquest it self in an enemies country , and detestable to very heathens , as b grotius proves at large ) to love and honour kings and monarchs more than ever , as the only nursing-fathers to gods ministers , church , people , under the gospel ; and to esteem others not comming in by the door into the sheep●●ld , but climbing up by storm some other way , to be but theeves and robbers ; who come not but to steal , kill , and to destroy , whatever the bounty , piety , and m●nisicence of these and other our kings , have built and setled on the clergy for gods honour , and maintenance of his worship , and thereby engage them so to act , speak , and peremptorily resolve , as all the israelites and godly levites , priests , people , twice did in a like case , 2 chron. 11 ▪ 13 , 14 , 15 , 16 , 17. & 1 sam. ● . 3 , 5 , 19 , 20. if any here object , these kings and queens were more popish , superstitious , than really religious ; admit they were ●n some things , ( as too much doting upon monkery , not monarchy , or worldly wealth or power , which some condemn in others , when most guilty of and applauding it in themselves ) yet their very bounty and profuse munificent building monasteries and nunneries , ( whereof a king edgar alone built no less than 47. endowed them with large revenues , and intended to make them up 50. had he lived , ) besides what they bestowed in building , adorning , endowing , maintaining all cathedral and parish churches and chapels , for the support and honour of their superstitious religion , should eternally shame all those pretended saints , who will be at no cost at all to maintain and propagate what they now call the true religion and the faithfull ministers of the gospel , but instead thereof , will by mere force and rapine against all rules of law , justice , piety , equity , and war it self , plunder ( if they can ) the remaining materials and fabricks of our churches , which those kings or their successors , and other antient benefactors built for gods honour , and the small surviving lands , rectories , glebes , tithes , pensions , dues , which our ministers yet enjoy , by their sole bounty , piety , gift , laws , without any real charge , injurie , oppression , or obligation to any mortals now surviving them . but to take off the stain of popery wholly from our kings , which was no disparagement to their commendable charity and bounty ; consider in the sixth place , that god hath honoured us with the first christian king in the universe a henry the 8th . who durst not only question , but by publick laws and statutes abolish and renounce the popish usurped antichristian power , and with it all popish shavelings , abbots , priors , monks , nunnes , and many popish doctrines , ceremonies ; and restored the people to the use of the holy scriptures in their own native language : whose example encouraged other kings , princes , churches to do the like . who though he seised upon abby lands , as given to mere superstitious persons , orders , vses , repugnant to gods word , and the popes mere creatures , and supporters ; yet he continued the lands , glebes , b tithes , and maintenance of the bishops and other ministers , and augmented i● and our vniversities revenues also out of the abbies spoyles , which yet could not exempt him from the publick censure of some protestants , for selling or rteaining most of their lands and impropriations for his own use , which ( say they ) he should have rather converted to other lawfull sacred uses , according to the will of the first donors . and mr. a purchas writes , that the monks unrighteous coveting , and the popes appropriating of the tithes of some thousands of our best benefices unto abbies and monasteries , and robbing the ministers of them to whom only they were given by god himself , and the first donors for their maintenance , to the great prejudice both of the ministers and people , was one principal cause , that by a divine judgement and providence ( beyond all mens expectation ) the pope and they were both suppressed together on a suddain , even by him who not long before had justified his usurped supremacy against luther , and for which he had received this ominous title from the pope defender of the faith god grant our new defenders of the faith , do not as ill ●● quite those persons , powers , who first commissioned them , with their arms to defend our faith , church , religion , against iesuites , papists , and their confederates in the field , as king henry did the pope after this new mo●●o . 7ly . that ou● god blessed , honoured us with the first b incomparable protestant king in the world , ( no papist , but a real saint , beyond any of his years in this or former ages ) even young king edward the sixt : the first king i read of , who by publick laws and statutes suppressed , banished all popish pictures , ceremonies , superstitious monuments , practices , abuses throughout his dominions , and established the true worship , service , sacraments , ministers and ministry , and gospel of christ throughout his dominions : for which all ages shall call him blessed : no waies embesselling , or diminishing the churches glebes , tithes or revenues , and enacting a new excellent law c for tithes recovery when detained . but god taking him suddenly from hence to a better kingdom , and his successor queen mary , defacing , deforming his blessed reformation , and restoring both the pope and popery again , almost to its former height , except in point of monkery , which the defacing of the monasteries prevented , 8ly . god then blessed our church and kingdom with an unparallel'd protestant princesse , queen d elizabeth , a nursing mother to the church , who demolished the whole body of popery , with the popes revived usurpations again by publick acts ; established the reformed religion again in greater beauty and purity than at first ; banishing all jesuites and seminary priests as traytors , restored the exiled ministers of the gospel suffering for religion , rewarding them with the rechest bishopricks and church-preferments , and planting a faithfull , painfull , preaching ministry by degrees in most dark corners of her dominions , endowed them with a setled competent maintenance , which our subsequent protestant kings continued to them and their successors without diminution . all which considered , we of this isle may with much thankfulnesse to god , and honour to our princes , without flattery averr before all the world , that the forecited prophecies of kings being nursing . fathers , and queens nursing-mothers to the church ( and specially kings and queens of this isle ) have been more really accomplished in the kings and queens of this our island , than in the kings and queens of any other isle , kingdom , or nation whatsoever throughout the world , and god grant that those who shall succeed them in any other new modelled-form of government may not prove such step-fathers and step-mothers to our churches and ministers , as to demolish the one , and strip the other quite naked of all that former livelihood , and remaining small revenues , which they yet enjoy by our princes grants , gists , charters , laws and favours only ; and thereby give all godly ministers , and people too in our nation , just cause to cry out with wringed hands , weeping eyes , and bleeding hearts , in the prophets words , hosea 10. 3 , 4. for now they shall say , we have no king , because we feared not the lord , what then should a king do to us ? ( or amongst us , ) they have spoken words , swearing falsely in making a covenant : thus iudgement springeth up as hemlock ( one of the deadliest poysons to destroy men ) in the fields . or else to speak in solomons language , to the same effect , prov. 28. 2. for the transgression of a land many are the princes thereof ( as our land had never so many transgressions and princes too as now , ) but by a man of vnderstanding and knowledge ( and where is such a one to be found , to a stand up in a gap ? ) the state thereof shall be prolonged : now the lord raise up such a man , or men ; lest god say to our nation and all grandees in power , as he did once to the prophane wicked prince of israel , whose day was come , ezech. 21. 25 , 26 , 27. remove the diadem , and take off the crown ; this shall not be the same : exalt him that is low , and abase him that is high : i will overturn , overturn , overturn , ( church , state , laws , ) and it shall be no more , untill he come whose right it is , and i will give it him . to prevent these treble , fatal over-turnings , with the wiping and turning of our jerusalem upside down like a dish ( a certain fore-runner of a churches , nations ruine , 2 kings 21. 13. psal . 146. 9. ) i shall now in the last place present the whole nation with a brief catalogue of those manifold laws , statutes , which our kings have successively made in their great councils and parliaments , almost from the very first establishment of religion in our island , for the due payment of ministers tithes by coercive . means , forfeitures , penalties , in case of willfull detaining , or neglect in paying all or any part of them at the times appointed ; which those who please , may b peruse in c●ronicon johannis brompton , mr. lambards archai●n , sir henry spelmans councils , mr. fox his acts and monuments , john bridges his defence of the government of the church of england , book 16. p. 1350. our statutes at large , and mr. rastals abridgement of statutes , title tithes ; which laws being well known to most learned men , are therefore needlesse fully to transcribe . the first of them is the forecited law , decree of the council of calcuth , under king oswald and o●●a , an. 787. of famous king alfred , anno 787. of king alfred and gutburn the dane , cap. 9. de decimis deo debi●u , about the year 890. of king edward the elder and gutburn : anno 905. ( or 906. as some ) cap. 6. ( in some c. 9. ) de decimis et censu ecclisle retentis : of king aethelstan ; made in the famous council of gratelean : an , 928. cap. 1. de decimis reddendis , tam ex animalibus quam de fructibus terrae ; which this king himself duly paid , and then enjoyned all his great officers and people duly to render : of king edmond : an. 944. c. 2. concluding , qui non solverit , anathema esto . of famous king edgar , anno 967. c. 3. de decimis , & canon 54. of the kings and presbyters of northumberlana , made a little after that time : lex 51. of king aet●elred , an. 1012. c. 1 , & 4. of king knute the dane , an. 1032. c. 8. ( but 15. in some copies ) de decimis reddendis , &c. 11 , & 17. and a statute law against obstinate detainers of tithes , there stiled jura et debitiones divinae : of king edward the confessor , about the year 1060. confirmed verbatim by william the conquerour , in the fourth year of his reign , c. 8 , 9. ( forecited ) to which may be added the great charters of king henry the first , and king john recorded in a matthew paris , ratified by king henry the 3d. in his magna charta , c. 11. made in the 9th . year of his reign , b confirmed by above 37 acts of parliament since , in many successive parliaments . that the church of england shall be free ( now in greater bondage than ever ) and shall have all her whole rights and liberties inviolable , ( never so much violated , diminished as now , notwithstanding all oaths , laws , covenants , declarations , protestations lately , and all c antient solemn curses and excommunications annually made against the infringers thereof , 13 e. 1. 17 e. 3. & 14. 2 h. 4. c. 4. enacting the cistertian monks to pay tithes to ministers and evangelists notwithstanding any buls of exemption from the pope , which the king and parliament declared to be void , and that the prom●vers or executors of any such buls shall be attainted in a praemunire . it appears by the parliament roll of 2 h. 4. nu . 40. this act was made upon the petition of all the commons ; which , because not extant in print , pertinent to the present business of tithes , and unknown to most , i shall here transcribe at large . may it please our most gracious lord the king , to consider , that whereas time out of mind the religions men of the order of the cistercians , of your realm of england , have paid all manner of tithes of their lands , tenements , possessions , let to farm , or manured and occupied by other persons besides themselves , and of manner of things tithable being and growing upon the same lands , tenements and possessions , in the same manner as your other lieges of the said realm ; yet so it is , that of late the said religious have purchased a bull from our holy father the pope , by the which our said holy father hath granted to the said religious , that they shall pay no tithes of their lands . tenements . possessions , woods , eattel , or any thing whatsoever , although they are or shall be leased or farmed , notwithstanding any title of prescription or right acquired , or which hereafter may be had or acquired to the contrary . the which pursute and grant is apparently against the laws and customs of your realm , by reason that divers compositions real , and indentures are made between many of the said religioius , and others your lieges of the prise of such tithes , and also by reason that in divers parishes , the tithes demanded by the said religious by colour of the said bull , exceed the fourth part of the value of the benefices , within whose limits and bounds they are ; and so if the said bull should be executed ( much more the late petions against all tithes and coercive maintenance for ministers c●ndescended to ) as well your dreadfull majesty , ●s your lieges patrons of the said benefices , shall receive great losses in their advowsons of the said benefices , and the conusance which in this behalf appertains , and in all times hath belonged to your regality , shall be discussed in court christian , against the said laws and customes : besides ( pray mark the prevailing reason ) the troubles and commotions which may arise among your people by the motion and execution of such novelties within your realm . that hereupon by assent of the lords and commons in this present parliament , you would be pleased to ordain , that if the said religious , or any other , put or shall put the said bull in execution , shall be put out of your protection , by due process made in this behalf ; and their goods forfeited to you , lost , and that as a work of charity . which petition being read and considered , was answered in the words following . it is accorded by the king and lords in parliament , that the order of the cistertians shall be in the state they were before the time of the bull purchased , comprised in this petition , and that as well those of the said order , as all others religious and secular of what estate or condition soever they be , who shall put the said bull in execution , or shall hereafter take advantage in any manner of any such bulls already purchased , or to be purchased , shall have process made against them and either of them by sommoning them within a moneth by a writ of premunire facias . and if they make default or shall be attainted , that they shall be put out of the kings protection , and incur the peines and forfeitures comprised in the statute of provisors , made in the 13. year of king richard. and moreover , for to eschue many probable mischiefs , likely to arise in time to come , that our said lord the king shall send to our holy father the pope , for to repeal and annal the said bulls purchased , and to abstain to make any such grant hereafter . to which answer the commons well agreed , and that it should be made into a statute . from which memorable record , i shall desire iohn canne , and all his ignorant deluded disciples , who cry out against tithes , and the payment of them as popish , to observe , 1. that all the commons of england in this parliament , even in times of popery , together with the king and lords , resolve the quite contrary : that the exemption of any order of men from payment of their due and accustomed tithes is popish , and that the pope was the first and only man , who presumed by his bulls to exempt men from payment of due and accustomed tithes to their ministers . 2ly . that popish friers of the cistercian order ( not godly saints abhorring monkerie and poperie ) were the first men who sued for , procured and executed such exemptions from the pope ; ( and that merely out of covetousness , against the express word and law of god , as our john salisbury de nugis curialium , l. 7. c. 21. and our arch-deacon of bathe a petrus blesensis observe , who tax them for it . ) and therefore the petitioning , writing , endeavouring to procure a like exemption from the payment of antient and accustomed tithes to our ministers , must be popish and monkish likewise , infused into our new lighted saints by some popish monks and jesuits disguised under the notion of new-lights , seekers , anabaptists , &c. 3ly . that they declare this bull , though granted by their holy-father the pope ( whose authority and esteem was then very great ) to be against the laws and customs of the realm ; and thereupon repeal , null it for the present , and provide against the grant of any such bulls for non-payment of tithes for the future , and make the procurers and executioners of them subject to a praemunire : such a transcendent crime and grievance did they then adjudge it , to seek or procure the least exemption from payment of tithes from any earthly powers , yea from their very holy father the pope himself , then in his highest power . 4ly . that they resolve , the exemption from tithes though amounting but to a fourth part in every parish , would prove a great prejudice to the king and all other patrons in their advowsons ; to the lessors and farmers of tithes , to the incumbents and people ; and that the moving of such novelties might occasion great troubles and commotions within the realm . and will not then the abolishing of all tithes in every parish , to the prejudice of the patrons , ministers , ( yea and people too , as i shall prove anon ) the scandal of most godly men , undoing of thousands of families , and confounding all parishes , and order in them , now much more do it , in these dangerous generally discontented times , instead of setling unity , amity , peace , and propagating the gospel , as some pretend ? let those whom it most concerns consider it at their leisure , lest they repent too late . the next printed statute for the payment of tithes , is 27 h. 8. c. 20. which in the preface gives this true character of , and fixeth this brand of infamy upon tithe detainers , forasmuch as many evil disposed persons ( such are they justly branded for by this act of parliament ) have attempted to withhold their tenths , as well predial , as personal , and have also contemned and disobeyed the decrees of ecclesiastical courts of this realm , &c. therefore it enacts , the civil magistrate and justices shall imprison such till they pay their tithes . after which followes a special statute for payment of tithes in london , 27 h. 8. c. 21. confirmed , enlarged by a statute and decree too , 37 h. 8 c. 7. thus prefaced , as if purposely penned for these times ; whereas divers and many persons inhabiting in sundry counties , and places of this realm , and other the kings dominions , not regarding their duties to almighty god , or to the king our soveraign lord , but in some years past more contemptuously and commonly presuming to infringe the good and wholsome lawes of this realm and gracious commandments of our said soveraign lord , than in times past have been seen or known : have not letted to substract and with-draw the lawfull and accustomed tithes of corn , hay , pasturage and other sort of tithes and oblations commonly due , &c. after which it provides a remedy by coercive means against the detainers , refusers of ministers tithes . the last and fullest statute for payment of tithes of all sorts , and setting one predial tithes , truly , justly , and without fraud or guile , as hath of right been yielded and paid , made ▪ not by papists , but our most religious first protestant parliament , and king upon the beginning of reformation , and when popery was ejected , is , 2 e. 6. c. 13. intituled , an act for the true payment of tithes , under pain of forfeiting the treble value , &c. recoverable by an action of debt , &c. at the common law . what judgements have been given upon these statutes in our kings courts from time to time , you may read in brook , fitzherbert , and the year-books in ashes tables , title dismes ; and in sir edward cooks 2 institutes , p. 639 , to 662. to these i might subjoyn the late ordinances of the last parliament of 17 caroli , concerning tithes and augmentations of ministers livings , like to end not only in the diminution , but total annihilation and substraction both of their augmentations , antient glebes , tithes , dues . the constitutions of our clergy in their convocations under our kings , recorded in lindwood , john de aton , willielmus de burgo , and others , prescribing the due payment of tithes under pain of excommunication , and other ecclesiastical censures ; as likewise the resolution of our judges concerning the right of tithes , and a that no lay-man by our laws can prescribe to be exempled from payment of tithes , or lay any original claim unto them : with the laws of forein kingdoms , as well civil as ecclesiastical , for the due payment of tithes ; whereof you may find store in fredericus lindebrogus : codex legum antiquarum , p. 674 , 675 , 703 , &c. capitularia caroli magni & ludovici ; in brochellus , decret . ecclesiae gallicanae , l. 6. tit . 8. de decimis : in binius , surius , and others in their collections of councils : but for brevity sake i shall cite only the constitution of the emperour frederick for the payment of tithes in the kingdom of sicilia , which is short and very pertinent , b constitutionum sicularum , l. 1. tit . 7. lex 1. which runs thus , quamò caeteris terrae principibus munifica dextra salvatoris in temporalibus nos praefecit , tantò saltem iuris naturalis instinctu ad antedicta strictius obligamur cum etiam veritate dicente , cui amplius creditur , amplius exigatur . quod in nostrae mentis intrinseca meditatione solicita revolventes , & illud etiam attendentes , ☜ quod divino decimarum , quarum debitum ex utriusque testamenti tabulis confirmatur , ; ( let all tith-oppugners observe it , ) tan●i in ecclesia dei petidatior redditur , quan●ò decimalis obligatio de bonis hominum , a damno reputatur : officialibus nostris universis & singulis praesentis legis ▪ auctoritato mandamus , ut decimas integras , prout regis gulielmi tempore , praedecessoris nostri , vel ab antecessoribus officialibus & bavilis exolutae fuerint , locorum praelatis exolvere , absque omni difficultate procurent . nos enim , qui favente domino inter homines sumus in praeeminenti culmine constituti , quantum sine injuria regalium possumus tollerare ecclesiarum jura , & praesertim earum quae in regno consistunt , quas sub protectione nostra accepimus , et habemus , in nullo diminuere volumus , sed augere . subjectis etiam nostris indicimus ut decimas quas de bladis et donis suis antecessores eorum praedicti regis gulielni tempore praestituerunt , vener abilibus locis , quibus decimae istae debentur cum integritate persolvant . to which i shall only adde , that a stephen king of hungaria , under whom that kingdom was first totally converted to the christian faith , as he built and endowed many magnificent churches for gods worship at his own cost , so he enacted this good law for the payment of tithes , that he who refused to pay his tithes should forfeit the 9. parts to the minister , and he who should steal the tithes should be reputed a thief . si cui deus decem dederit in anno , decimam deo det . et si quis decimam suam abscondit novem solvat . et si quis decimationem episcopo separatam furatus suerit , dijudicetur ut fur ; ac hujusmodi compositio tota pertineat ad episcopum . and. c. 1. de statu ecclesiastico , & veneratione domus dei : he enacted this good law against the invasion and alienation of the churches possessions ( about the year of christ 1000. ) quisquis fastu superbiae elatus , domum dei ducit contemptibilem , & possessiones deo consecratas , atque ad honorem dei sub regia immunitatis defensione constitutas , inhoneste tractarit , vel infringere praesumpserit , quasi invasor et violator domus dei excommunicetur . decet enim , ut indignationem ipsius dom. regis sentiat , cujus benevolentiae contemptor , & constitutionis praevaricator existit : nihilominus tamen rex suae concessionis immunitatem , ab hominibus ditioni suae subjectis illaesam conservari praecipiat , assensum vero non praebeat improvide affirmantibus , non debere esse res dominic●s , id est , domino dominantium traditas ; itaque sub defensione regis sit , et sicuti suae propriae haereditati , magisque advertat . quia quantò deus excellentior est hominibus , tanto praestantior est divina causa mortalium possessione . quocirca decipitur , quisquis plus in propriis quam in dominicis rebus gloriatur : quarum defensor et custos divinitatis constitutiones diligenti cura non solum eas servare , sed etiam multiplicare debet . si quis igitur insanus importunitate illa quae diximus praestantior a quàm sua defendere oportet & augmentare . si quis igitur insanus importunitate improbitateque sua , regem a recto proposito pervertere tentaverit , nullisque remediis mitigari posse visus fuerit , licet obsequiis aliquibus & transitoriis sit necessarius , abscindendus ab eo projiciendusque est , juxta illud evangelium , si pes , manus aut occulus tuus scandilizat●te , erue eum & projice abs●te . since then christian emperors , kings , princes in forein parts , and our own kings and parliaments in and by all the forecited laws and statutes yet in force , have established tithes and other duties on our clergy and ministers of the gospel , and thus publickly branded the negligent or wilfull detainers , sustractors of this just debt and duty ( prescribed by our laws , with warrant from the old and new testament ) for evil disposed persons , not regarding their duty to almighty god ( which therefore none who claim their power from , or for god , should now regard or countenance in the least degree ) enforcing them by actions at law , imprisonment , payment of treble dammages , excommunications , and the like coercive wayes to render to them tithes at last to their loss ; why christian magistrates should not still enforce the obstinate detainers of ministers tithes , and defrauders of them in their just dues , and merited rewards for their ministery , as hath been formerly practised in all ages and places too ; let all anti-tithers ( who would be lawless , as well as titheless and godless ) resolve me when they can : and if they deem themselves above all humane laws and penalties ( so long as they wear their swords by their sides ) for defrauding our ministers of their lawfull tithes and dues , let them then chew the cudd upon this evangelical precept , backed with the strongest coercive power both in heaven and earth , 1 thes . 4. 6. let no man go beyond , or defraud his brother ( much less then his minister ) in any thing ( therefore not in tithes due by divine and humane right ) mark the reason : because that the lord is the avenger of all such things , as we have forewarned and testified . and what vengeance god will take of such who defraud their brethen and ministers of their debts , and necessitate them to sue them at the law , to recover their rights : he ▪ resolves , in the 1 cor. 6 , 7 , to 11. now therefore there is utterly a fault among you , because you go to law ( to wit before heathen judges , or without just cause ) one with another , ( the greatest if not only fault being in the defrauder and detainer ) why do ye not rather take wrong ? why do ye not rather suffer your selves to be defrauded ? nay why do you wrong and defraud , and that your brethren ? and which is more , rob your ministers ; yea , but what harm or punishment will follow on it ? mark it , o all ye saint-seeming hypocrites , who are guilty of it ! know ye not , that the unrighteous ( who thus wrong and defraud their brethren and ministers , which is worse ) shall not inherit the kingdom of god ? be not deceived : neither theeves , nor covetous ( and such are all those who rob and defraud their ministers of their tithes and duties ) shall not inherit the kingdom of god : no more than fornicators , idolaters , &c. with whom they are here coupled . let all those then who are guilty of this damning sin , which disinherits them of gods kingdom , now seriously repent and reform it , with all such , who have abetted or confederated with them herein , that so i may adde with the apostle in the next words , and such were some ( nay all ) of you ; but ye are washed , but ye are sanctified , but ye are justified in the name of our lord jesus , and by the spirit of our god. and now to cloze up this chapter , i shall desire all anti-tithers who have already in their heady resolutions , resolved to abolish , not only all our ministers tithes , and antient dues established by the lord himself in the old and new testament , with all the forecited laws , statutes , ordinances for the true and due payment of them , but all other coercive maintenance for their future subsistence if not their very rectories , glebes , and fabricks of our churches ( devoted for a prey by divers ) sadly and seriously to consider these ensuing particulars . 1. that herein , they shall shew themselves , not only worse by thousands of degrees than our forementioned kings and queens , who built and endowed our churches with glebes , tithes , and a liberal maintenance ; and worse than the most of all their ancestors ; protestants or papists , who have hitherto continued , confirmed , established them by successive laws ; but even worse than the worst of turks and insidels ; who alwaies heretofore , and at this very day , have and do allow their mahometan and pagan idolatrous priests in all places , a liberal , competent setled salarie , and erect magnificent temples to mahomet and their idols , exceeding most of our fairest christian churches both for beauty and number , as you may read at large in a pulchas pilgrimage , alexander ab alexandro , hospinian de origine templorum , and others . and to give you one instance for all , there are no lesse than 700 moschees or saracinical temples in fesse , ( a mahometan city in barbary ) the chief whereof is carven , being a full mile and an half in compasse . it hath 31 gates , great and high : the roof is 150 yards long , and 80 broad : the steeple very high : the ornaments rich and stately : round about it are divers porches , containing 40 yards in length , and 30. in breadth : about the walls are pulpits of divers sorts , wherein the masters and priests of their law , read to the people such things as they think pertain to their salvation : the revenue of this temple alone , anno 1526. was no lesse than 200. duckets a day , of old rents . the chief church in morocco is bigger , though not altogether so fair as that of fesse , and hath a tower so high , that the hills of azafi being 120. miles distance may be seen from thence , ( as b leo c purchas , and d heylin write ) these temples and others are adorned with marble pillars , and curious mosaicks , carved works of all sorts : their priests and readers of the law have a liberal stipen● , with books and lands likewise allowed them , and are had in very high estimation and reverence , both with their kings , magistrates , people ; the califfs there receiving likewise the tenth measure of corn yearly from the people : besides which tenths they have many colleges and schools of learning very majestically built and richly endowed . those therefore who pretend themselves saints of the highest new form , and yet would deface the beautifull churches our pious ancestors erected for gods worship , & strip our ministers naked of all glebes , tithes , setled maintenance , so as they shall not be able to live comfortably , and provide for their families , have in truth denyed the faith , and are worse than these turks and infidels , 1 tim. 5. 8. 2ly . that hereby they shall make both our religion and nation to stink in the nostrils of all forein protestant churches , papists , turks , infidels ; who by the very light of nature have condemned sacrilege and church robbers : acts 19. 37. give extraordinary advantage to jesuites , papists and other atheistical seducers , to reduce the people either to popery or mere atheism : give all the enemies of god and our religion occasion both to rejoyce and blaspheme ; and extraordinarily scandalize and grieve the hearts of all true godly ministers , and protestants really affected to our religion , throughout our three nations . 3ly . that they will herein exceed all our late suppressed prelates and their high commission courts in tyranny , cruelty , injustice , by undoing all or most of our godly ministers and their families at one fatal blow ; instead of relieving them in their present necessities under which many of them sadly groan , by depriving them of their livelihood , without any legal conviction of the least crime , but only that they are ministers of the gospel , and receive tithes ; and thereby draw upon their heads , not only the cryes and clamours of these oppressed ones here , with all the formentioned curses and judgements denounced against tith . detainers , but also that sad irrevocable sentence of condemnation before christs tribunal at the last day , matth. 25. 41. depart from me ye cursed into everlasting fire prepared for the devil and his angels ; for i was hungry and ye gave me no meat , i was thirsty and ye gave me no drink , i was ( not ) a stranger , ( but your minister ) and ye took me not in , ( but cast me and mine out of those rectories and benefices your ancestors gave and setled on me , ) naked , and ye cloathed me not , nay stripped me naked of all my cloathing and livelihood , and would neither relieve , nor maintain me your selves , nor permit others to do it , in an antient legal way ; and then what can you answer , or to whom can you resort for protection , from this inevitable just charge and doom of damnation for all eternity ? 4ly . consider seriously the exemplarie punishment executed upon ananias and saphyra , acts 5. 1 , &c. with that fearfull judgement of retaliation denounced against all plundering enemies of the church of christ , isay 33. 1. wo unto thee that spoylest , and thou wast not spoyled ; and dealest treacherously , and they dealt not treacherously with thee ; when thou ceasest to spoyl , thou shalt be spoyled and when thou shall make an end to deal treacherously , they shall deal treacherously with thee : ; seconded by obadiah 15. as thou hast done it shall be done unto thee , thy reward shall return upon thine own head . and if any fondly conceit , ( as many do ) that the swords and power of an army shall bear them out against the lord of hosts himself : let them consider that of psal . 33. 16. there is no king saved by the multitude of an host , ( themselves have seen it by late experience ) neither is any mighty man delivered by great strength . jeroboam the idolatrous usurper had an army of no lesse than eight hundred thousand chosen men , to make good his usurped title against abijah davids right heir , yet when he had cast out the priests of the lord from their suburbs and possessions , and made him priests for his calves of the lowest of the people ; he was vanquished by a far smaller army , and no lesse than five hundred thousand of his forces slain in one dayes battel , and the lord soon after smote him that be dyed , 2 chron. 13 ore● , zeba , and salmunna the princes and generals of the midianites , when they entred into the land of israel to destroy it , had an army like unto grashoppers for multitude , and they and their camels were without number , judges 6. 5 , 6. yet when they said , let us take to our selves the houses of god in possession , they were totally routed by gideon ▪ and his 300. men having only trumpets and lamps : and perished at endor , and became as dung for the earth , judg. 7. & 8. psal . 83. 9 , 10 , 11 , 12. senacherib invaded judah with a victorious and numerous army , above treble the number to any army in our daies ; yet when he trusted to the strength of his army , and bid defiance to the god of heaven ( as those do now who oppugn and spoil his ministers of their inheritance ) god sent his avenging angell , which cut off all the mighty men of valour , and the leaders , and the captains and one hundred fourscore and five thousand of his souldiers in one night , and when they arose early in the morning , behold they were all dead corps : so he returned with shame of face into his own land , and when he was come into the house of his god , his own sonnes that came out of his own bowels , slew him there with the sword . 2 kings 19. 35 , 36 , 37. 2 chron. 32. 21. the two proud surly captains with the fifty armed troopers at their heels , who came in a violent manner but to fetch down elijah the man of god from an hill to king ahaziah , were destroyed with fire from heaven , and the third captain only saved , who fell on his knees before him , and besought him for his own and his fifties lives , and used him like a man of god , without any rudeness or plunder , 2 kings 1. 9 , 10 , &c. to lesson all souldiers and captains now , to reverence gods ministers , and a do his prophets no harm in their persons , callings or estates : else he who rebuked kings , and miraculously slew those captains and their troopers for their sakes , will avenge their quarel now as well as in former ages . and if former victories and successes have and do puff them so far up with pride or security , as to think they may now reduce our ministers like conquered vassals to such poverty , as to enforce and make them eat the very crumbs under their tables , insteed of feeding at their own ; let them remember that one memorable president ( wherewith i have quelled many usurping souldiers ) of the greatest conqueror and abuser of kings , i ever yet read off in the world , and gods retaliation upon him for his tyranny and inhumanity after the conquest of no less then 70. kings ( and who now living hath conquered the tenth part of that number ? ) thus recorded to all posterity , judg. 1. 5 , 6 , 7. and iudab fought against adonibezeck , in bezeck , and they slew the canaanites and perazites . and adonibezeck fled , and they pursued after him , and caught him , and cut off his thumbs and great toes . and adonibezeck said , threescore and ten kings , having their thumbs and great toes cut off , have gathered their meat under my table : as i have done , so god hath requited me ; and they brought him to ierusalem and there he died . it is very dangerous for any conquerers to make ill presidents of tyranny or rapine , because they have power in their hands to do it . mark what a wo and judgement god denounceth against such , mich. 2. 1 , 2 , 3 , 4 wo to them that devise iniquity upon their beds , when the morning is come they practise it , because it is in the power of their hand . and they covet fields , and they take them by violence , and houses , and take them away : so they oppress a man and his house , even a man and his heritage ( nay ministers now and their heritage , as well as other mens ) but mark what follows immediately . therefore thus saith the lord , behold , against this family do i devise an evil , from whence they shall not remove their necks , neither shall they be hauty , for this time is evil . in that day shall one take up a parable against you , and lament with a dolefull lamentation , and say , we be utterly spoiled he hath changed the portion of my people ; as some now would change our ministers ) how hath he removed it from me ? turning away he hath divided our fields , therefore he shall have none that shall cast by lot in the congregation of the lord. it is most perilous for any by meer arbitrary votes , will and violence to seiz on , change , divide any other mens lands , houses , inheritances , especially gods ministers ; it will prove as bad as a cup of poison to them , they shall vomit them up again with a vengeance ; and though their excellency mount up to the heavens and their head unto the clouds ; yet their triumphing shall be but short , and their joy but for a moment : they shall perish for ever as their own dung : they which have seen them shall say , where are they ? they shall fly away as a dream and shall not be found : the eyes which saw them shall see them no more , neither shall their place any more behold them , ( mark the reason ) because they have oppressed and violently taken away an house which they builded not . job 20. 4. ●o 20. how much more the houses , glebes , tithes of god and his ministers ? let this sad consideration then , perswade all turbulent , greedy , sacrilegious spirits to follow dr. gamaliels advice , ( which many of them have much pressed for a publick toleration of all religions , though now they would a extirpate all ministers and their tithes root and branch ) recorded acts 5. 48 , 49. refrain from these men ( and their tithes too ) and let them alone ; for if they ( and their tithes ) be of god ( as i have proved them ) ye cannot overthrow them , lest haply ye be found to be fighters against god. 5ly . let every of the chiefest now in power , remember those many reiterated solemn declarations , protestations , votes and ordinances they have formerly made for the due payment and preservation of our ministers tithes and augmentation of their incompetent livings out of the bishops and delinquents impropriations , and deans and chapters lands ; ( for the most part other waies disposed notwithstanding ) and what an high violation of publick faith , trust , promises , solemn engagements , and an eternal infamy and dishonour it will procure to their persons , memories ( in after annals ) and posterities , if all these should now conclude in a general armed depredation , abolition , dissolution or substraction of all their old rectories , glebes , tithes , dues , instead of new settled augmentations out of other dissipated church revenues formerly voted for them . 6ly . let all changers and innovators of our fundamental lawes and ministers maintenance , consider what prohibitions , comminations and judgements god hath proclaimed against , and inflicted upon such innovators and changers in his word . eccles . 10. 5 , 6 , 7 , 8 , 9. there is an evil which i have seen under the sun , as an error which proceedeth from the ruler : folly is set in great dignity , and the rich in low place ; i have seen servants upon horses , and princes walking as servants on the earth ( but mark the issue ) he that diggeth a pit shall fall into it : and who so breaketh an hedge , a serpent shall bite him : who so removeth st●nes shall be hurt thereby , and he that cleaveth wood shall be endangered thereby . the meaning of which parabolical expressions is thus more clearly explained , prov. 24 21 , 22. my son , fear thou the lord and the king , and meddle not with those who are given to change , for their calamity shall rise suddenly , and who knoweth the ruine of them both ? that is , of the changers & their adherents joyning with them , by the revenging justice both of god and the king. my deceased brother burtons sermons on this text , nov. 5. 1636. are worth all our innovators reading . for which sermons he and i joyntly suffered in the star-chamber through our innovating all-ruling prelates malice , for discovering , oppugning those several changes and innovations they had made in the ceremonies , doctrine of our church , and high-commission arbitrary proceedings , contrary to our laws . little did those prelates think in that time of their domineering power and greatnesse , that these changes of theirs , and unrighteous censures upon us for discovering and opposing them , would have so soon proved the very causes of their unexpected sudden calamity and ruine , according to this text and censured sermons ; and of their high-commission and starchamber court too , wherein they prosecuted us ; yet they really found they did so . what proved the calamity , and ruine of strafford , canterbury , and the old council table , but their unrighteous exorbitan● innovations and new projects against our laws , and old forms of parliamentary proceedings ? what brought sudden unexpected calamity and ruine on the late king and parliament too , ( even by those who were raised , commissioned , engaged by oaths , protestations , and solemn covenants to defend and preserve them ) but gods justice for some exorbitant changes , and fundamental , violent , illegal innovations , whereof both were guilty ? especially in the militia ; whereof the houses endeavouring totally to divest the king , without admitting him any share therein ( which a bred the first fresh quarrel between them ) as their only security and the kings too : and now god hath made that very militia the ruine of them both , and to assume both the regal and parliamental , military and civil supreme authority and government of the nation and united kingdoms too , wholly to themselves , and to dash in pieces that n●w minted mock parliament power and government themselves at first created ; for those many notorious injurious changes , oppressions , innovations of all sorts whereof they were deeply guilty : and what other fatal changes god may yet suddenly effect to the calamity and ruine of those who have been chief instruments in all these changes , if they ring the changes still , till they ( a ) have turned all things upside down , as the potter doth his clay , and our very ministers setled maintenance , with all fundamental laws for the establishment of their and all others just rights and liberties , i leave to their own saddest meditations , these gospel texts of rom. 2. 1 , 2 , 3. and c. 12. 20 , 21. ( which i hope neither will nor can offend any professors of the gospel ) therefore thou art inexcusable o man whosoever thou art that judgest , for wherein thou judgest another , thou condemnest thy self , for thou that judgest doest the same things . but we know that the judgement of god is according to truth against them who commit such things : and thinkest thou this o man , that judgest them who do such things , and doest the same , that thou shalt escape the judgement of god ? be not high-minded but fear : for if god spared not the natural branches take heed lest he also spare not thee , being a wilde olive tree . and when they have meditated on these texts , i shall further importune all such of them who like the little horn in daniel 7. 24 , 25 , 26. that should be divers from the first , and subdue three kings ; and being elevated with that successe , should speak great words against the most high , and wear out his saints , and think to change times and laws , advisedly to consider what there next follows that though the laws and times should be given into his hand , yet it will be untill a time and times and the dividing of times . and the judgement shall sit , and they shall take away his dominion to consume and destroy it unto the end . and then our ministers need not fear their ministry , tithes , glebes , nor the people their iust rights and liberties , which otherwise are like to be lost , subverted , destroyed in the long , bloody , costly contests and wars for their defence and preservation . now lest any should pretend matter of conscience or reason against the christian magistrates enforcing of tithes true payment , by coercive means and laws , in these tith-detaining sacrilegious times ; or for the speedy repeal of all our fore-specified laws and ordinances yet in force to compel all detainers of them to pay them duly under the several penalties therin prescribed ; i shall endeavour to give a full satisfactory answer to all arguments and cavils of moment usually made against them , which are reducible to these four heads . object . first , that there is no expresse precept in the gospel , nor any such penal laws , enforcing the payment of tithes to be found in the primitive and purest times for 500. years after christ ; therefore they are unlawfull , oppressive , un-evangelical , tyrannical , antichristian ; as canne terms them , in his thundering empty voyce . answ . to this i answer , first , that there is no expresse precept or president in the new testament , for any strange high courts of justice , martial , or other courts of that nature , for any articles of war or penal laws to put souldiers or any others to death , or inflict punishments for any new high-treasons , or offences whatsoever . no precept nor president that john canne ( a late excise-man as divers report ) can produce for the imposing or levying of any excise , impositions , taxes , customes , crown-rents , tonnage , poundage , contributions , by any distresses , forseitnres , imprisonments , sale of goods , billetting of souldiers on the people , and armed violence now used by souldiers , excisemen , collectors and other publicans sitting at the receipt of custom , ( whereof i hear iohn canne is one , perhaps to excise the alehouses and cannes there used for names-sake ) all puny to and less warrantable by gods law and gospel , than our ministers tithes . the objectors therefore must find express gospel-texts for all and every of these publick duties , and the present wayes of levying and enforcing them , or else disclaim them , or their objection against tithes . 2ly . i have produced expresse gospel-texts warranting in the general coercive laws , sutes , actions to recover ministers tithes , as well as any other just , legal , publick or private dues , debts , rents , lands , possessions whatsoever . therefore the objectors must either disclaim their objection , or renounce all penal laws , sutes , and coercive means whatsoever to levy or recover any other civil rights , debts or duties whatsoever , and introduce a lawless anarchy and confusion amongst us , for every one to cheat , defraud , rob , oppresse , disseise , spoyl , defame , wound , murder one another , without any penalty or redresse , except only by club-law , instead of a peaceable , just and righteous government . 3ly . the reason why there were no coercive laws for the payment of tithes or ministers dues in the primitive church for above 500 years was this , because christians then were so zealous , ready , forwards to render them with an overplus , and to sell their very houses , lands , possessions , estates , and lay them down at the apostles and ministers feet to maintain them , and relieve their poor christian brethren , witness act ▪ 2. 44 , 45. c 4. 34 , 35 , 37. c. 5. 1 , 2. 2 cor. 11. 9. phil. 4. 15 , 16 , 17 , 18. rom. 15 ▪ 26 and that memorable place , 2 cor. 8. ● , to 5. where paul records of the first churches and converts in macedonia , how that in a great tryal of affliction ( in times of heavy persecution their deep poverty abounded to the riches of their liberality , for to their power ( i hear them record ) yea and beyond their power they were willing of themselves , praying us with much intreaty , that we would receive the gift , and take upon us the fellowship of the ministring to the saints , &c. the a new testament records , the exceeding readiness of the pharisees to pay tithes of all they did possesse , and of the smallest seeds and garden-herbs of all kinds , to their priests or levites ; which christ himself approved , commended , with a these things ought ye not to have left undone ; and b philo a learned jew , who lived under claudius , in the apostles daies , records as an eye-witness on his own knowledge , that the jews were so forward in paying their first-fruits and other dues to their priests , that they prevented the officers demanding them , paid them before they were due by law , as if they had rather received a benefit , than rendered any , both sexes of their own readiness , bringing them in with such courtesi● and thanks giving , as is beyond all expression ( they are his very words : ) and were they then lesse forwards think you , to render due maintenance , ( if not tithes and first-fruits , ) to the apostles when they turned christians ? surely no , for the forecited texts in the acts declare , they were far more bountifull than before , both to the apostles and poor saints , selling all they had to support them . the like zeal ( even in the heat of persecution , under bloody pagan persecutors ) continued in all the primitive christians next after the apostles , who though persecuted , driven into corners , imprisoned , banished , and spoyled of their goods , lands , by plundering officers , sequestrators , souldiers , as c eusebius , and others record , yet every one of them out of his deep poverty contributed every month , or when he would or could some small stipend for the maintenance of the ministers and poor ( when they had no lands to pay tithes out of ) of his own accord without any coercion : witnesse a tertullian ( who flourished but 200. years after christ ) modicum u●●squisque stipem menstrua die , vel cum velit , et si modo volit , & si modo possit apponit , nam nemo compellitur , ( there was no need when they were so free of their own accord ) sed sponte con●ert . haec quasi deposita pietatis sunt . and though their monthly stipends in regard of their great poverty were thus termed small comparatively to what they were before the persecution , yet indeed they were very large , considered in themselves , as by the same authors following words in this apology , c. 42. appears , plus nostra misericordia insumit vicatim , quam vestra religio templatim : they bestowing more in a liberal free way of christian charity in every village towards their ministers and poor , than the wealthy pagan romans did in their temples and sacrifices for the maintenance of their paganism . in the 9th . general persecution of the christians about 273 years after christ , or before , the b governour of rome told saint lawrence the martyr ( arch-deacon to pope xistus the 2d . and treasurer of the christians oblations for the ministers maintenance and poors relief ) that the common report then was , how the christians did frequently cell their lands , and dis●nherit their children ( like those in the acts ) to enrich the ministers , and relieve the poor , bringing thousands of sestertii at a time to st. lawrence , out of the sale of their lands , so as their treasury was so great that he thought to seise on it for a prey : which their bountiful liberality c prudentius thus poetically expresseth , offerre fundis venditis sistertiorum millia , addicta avorum praedia faedis sub auctionibus ▪ successor exhaeres gemit sanctis egens parentibus , et summa pietasli creditur nudare dulces beros . what need then any law to compel the christians to pay tithes or ministers dues , when in the heat of persecution , they were so bountifull to them and the poor as thus voluntarily to contribute their whole estates for their support ? whose president if the cavillers against our present penal laws , ordinances for tithes would imitate , no minister nor other voluntary tith-payers would oppose their repeal . and though in these primitive times of persecution , the christians being spoyled of their lands and possessions , could not pay tithes in kind in most places , but were necessitated to such voluntary contributions as these , yet without all peradventure they held the payment of tithes to ministers in kind , a divine moral duty , and in some places , and at some times ( when and where they could ) did voluntarily pay tithes as a duty for their maintenance without any coercive laws or canons , upon the bare demand or exhortation of their ministers , by vertue of gods own divine laws , as is undeniable by irenaeus , l. 4. c. 34. who records , that the christians in his time ( being but 180. years after christ ) did not give lesse to their ministers than the jews did to their priests by the law of moses , who received the consecrated tithes of their people , but more , designing omnia quae sunt ipsorum , all they had to the lords use , hilariter ac liberaliter ea quae non sunt min●ra : giving chearfully and freely those things which were not lesse than tithes , as having greater hope than they . and further confirmed by origen , homil. 11 in numeros : saint cyprian , lib. 1. epist . 9. de unitate ecclesiae , the words of saint augustine , hom. 48. majores nostri ideo copiis abundabant , quia deo decimas dabant ; and the second council of mascin , an. 586. can. 5. leges divinae consulentes sacerdotibus ac ministris ecclesiarum , pro haereditaria portione omni populo prae●eperunt , decimas fructuum suorum locis sacris praestare , ut nullo labore impediti per res illegitimas possint vacare ministeriis , quas leges christianorum congeries legis temporibus custodivit iutemerata . which prove a long continued custom and practice of paying tithes to ministers as a divine right and duty , used amongst christians long before st. augustins dayes and this antient council . and no sooner were the times of persecution pa●t , but the divine right of tithes was asserted , pressed , and the due payment of them inculcated by st. hilary , nazianzen , ambrose , hierom , chrysostom , augustine , eusebius , cassian , cyril of jerusalem , isiodore pelusiota , and caesarius arelatensis , all flourishing within 500. years after christ , as dr. tillesly proves at large ; and the people during that space paying their tithes freely , without any compulsion in all places , there needed neither laws nor canons to enforce their payment : whence a agobardus writes thus ( about the year of our lord 820. when laws and canons began to be made for their payment ) of the precedent times : nulla compulit necessitas fervente ubique religiosadevotione , & amore illustrandi ecclesiae ultro aestuante . that there was no need of canons or laws to compel the payment of tithes , whiles servent religious devotion , and love of illustrating churches every where abounded . but in succeeding degenerating times , when ( according to christs prediction ) the b love and zeal of many christians to god , religion , and ministers began to grow lukewarm , and colder than before , so as they began to detain their tithes and ministers dues , then presently christian kings and bishops in ecclesiastical and temporal synods and councils , began generally in all places , to make laws and canons for the due payment of them ; declaring in them only the divine right , laws and precepts of god to the people both in the old and new testament , as a sufficient obligation ( seconded by their bare canons and edicts ) without any coercion or penalty to oblige them to their due payment . the first unquestionable canon for the payment of tithes i find extant , is that of the second council of mascin forecited , an. 586. cap. 5. the first law extent made by any general council or parliament for the payment of tithes , is that of the council of calcuth in england , under offa and alfred . an. 786 : declaring their divine right , and enjoyning their payment without any penalty ; after which charles the emperour , about the year of our lord 813. by canons made in sundry councils , and in his capitulars or laws , enjoyned the payment of tithes , under pain of being enforced to render them by distresse , upon complaint , and some small penalties . since which time many laws and canons were made in our own and forein realms till our present times , for the due payment of tithes under sundry penalties , which because collected by sir henry spelman in his councils , mr. selden in his history of tithes , bochellus decret . eccles . gal. l. 6. tit. 8. de decimis , fridericus lindebrogus codex legum antiquarum , surius , binius , crab , lindwood in their collections of councils , and sundry others ; i have therefore only given the reader a brief catalogue of the principal civil laws both at home and abroad , for the due payment of them ; reciting more at large but what others for the most part have omitted , and are not vulgarly known , giving only brief hints upon some of the rest in my third chapter . whither i refer the reader for further satisfaction in this objection ; and shall conclude of penal laws as seneca doth of fates : fata volentes ducunt , nolentes trabunt : those who will not willingly pay their tiths must and ought to be compelled thereunto by penal statutes : the second objection is , that the payment of tithes is against many mens judgements and consciences : therefore it is both vnchristian , tyrannical , and vnjust , to enforce them thereunto . i answer , 1. that the payment of tithes being not only warranted but commanded in and by the old and new testament , and the constant practice of christians in all ages , churches , there neither is , nor can be the le●●t pretence of conscience , for the non-payment of them . therefore this pretext of conscience is in truth nought else , but most desperate vnconsci●nableness , malice , obstinacy , peevishness , covetousness , impiety , or secret atheism , worthy to be reformed by the severest laws and penalties . 2ly . all that conscience can pretend against their payment as tithes , is only this anabaptistical devise , and loud lye of canne and others ; that the payment of a precise tenth part of mens increase to their ministers is jewish or antichristian , and so unlawfull : both which i have unanswerably refelled . therefore this can be no ground or conscience for any to detain them . but if any scrupulous consciences be not satisfied in this point , let them either pay their ministers the moitie or 9. parts , or the 5 , 6 , 7 , 8 , or 9 ▪ part of their annual encrease , neither of which is jewish or antichristian ; or else let them sell all their old or new purchased lands , houses , possessions , goods they have , and bestow them on the ministers and poor , as the forecited primitive christians did , whom they pretend to imitate , and then they may satisfie both their consciences and ministers too , without the least difference , coercion , sute or penalty of our laws . 3ly . many of these very objectors , pretending conscience , as souldiers or sequestrators , have made no conscience to enforce thousands of parishioners of late years throughout the nation to pay their ministers tithes to themselves for pretended arrears or sequestred goods , and exacted monthly contributions out of ministers tithes to pay the army , without any scruple of conscience , levying them by distress and armed violence , when detained . if then they can enforce others thus to pay tithes to themselves , and those to whom they were never due by any known law of god or man : with what conscience can they detain them from our ministers , to whom they are due by all divine and human laws , or condemn the enforced payment of them from themselves , who have so violently extorted them from others ? 4ly . if any ministers or others plead the payment of our late heavy monthly taxes , excises , impositions , ship-mony , far exceeding the old , to be against their conscience , as being imposed by no lawfull parliamental authority , repugnant to all our laws , statutes , liberties , privileges , protestations , covenants , records , votes of parliament , imployed to shed seas of innocent precious christian blood , to maintain unchristian bloody wars against our late protestant brethren in covenant and amity , they know not upon what lawfull quarrel , to support an arbitrary army government , power to domineer over them , to subvert our old fundamental laws , parliaments , covernours , liberties , peace , elections , trials , the great charters of england , foment here●ies , sects , schisms , and carry on the plots of the pope , jesuites , spaniard , french , to ruine our realms , church , religion , and pay many disguised jesuites and popish priests secretly lurking in all places under the mask of listed souldiers ( as most wise men conceive ) to perpetuate our warrs , destroy our ministers and nation by endless wars and taxes . all these , with other such weighty grounds of conscience , law , prudence , ( which a some have insisted on and pleaded ) can no waies exempt them from violent distresses , quarterings , penalties , forfeitures , levies , by armed souldiers , who regard these pleas of conscience no more than common high-way-men who take mens purses by force , and deem all publick enemies , who dare plead law or conscience in this case ; though the plea be true and undeniable even in their own judgements and consciences , as some of them will acknowledge to those they thus oppress . why then should they or any others esteem this mere pretence of conscience only against penal laws for tithes , enforced in a lesse rigorous manner , which they may with as much reason and justice allege against the payment of their just debts , land lords rents , and all other dues from them to god or men ? the 3d. objection is , that tithes are pure alms ; therefore not to be enforced by any law. for which the opinions of john wickliff , husse , thorp , are produced by the anabaptists , and erasmus urged by some , but without sufficient ground . i have answered this objection elsewhere , and shall here only declare , whence , i conceive , this error ( that tithes are mere alms ) originally proceeded , to rectifie mistakes of the meaning of some antient authors , and clear two texts of scripture which some scholars and ignorant people misapprehend . first , i conceive this error sprang originally from the misunderstanding of that text of deutr. 14. 28 , 29. at the end of three years thou shalt bring forth all the tith of thine encrease the same year , and shalt lay it up within thy gates . and the levite ( because he hath no place , no inheritance with thee ) and the stranger , and the fatherlesse and the widow , which are within thy gates shall come , and shall eat ( thereof ) and be satisfied ; that the lord may bless thee in all the work of thine hands which thou doest ; compared with deutr. 26. 12 , 13 , 14. when thou hast made an end of tithing all the tithes of thin● encrease , the third year , which is the year of tithing , and hast given unto the levite , the stranger , the fatherless and widow , that they may eat within thy gates , and be filled ; then thou shalt say before the lord thy god , i have brought away the hallowed thing out of mine house , and also have given them unto the levite , and unto the stranger , to the fatherless and to the widow according to all thy commandements which thou hast commanded me ; i have not transgressed thy commandements , neither have i forgotten them ; i have not eaten thereof in my mourning , neither have i taken away ought thereof for any uncleaness , nor given ought thereof for the dead , but have hearkned unto the voyce of the lord my god , and done according all thou hast commanded me : ; to which that of amos may be referred . from which texts some have conceived , that the israelites paid tithes only every third year . 2ly . that they paid them then not to the levites only , but to the stranger , fatherless , widows and poor amongst them , who had a right and share in them as well as the levites . 3ly . that these texts use the phrase not of paying tithes , as a debt or duty , but of giving them as an alms ; and seeing they are given thus to the stranger , fatherless , widow at alms ; therefore to the levites likewise , here coupled with them . this doubtless was the true ground that tithes were reputed mere alms by some ▪ and not a divine right peculiar to ministers . to disperse these mists of error . first take notice , that neither these , nor any other texts in scripture stile tithes almes , much lesse pure almes , which men may give or retain at their pleasures . 2ly . that they expressely resolve the contrarie that they are no alms at all in the objected sense , but a most certain positive commanded debt and dutie , no waies arbitrarie in the least degree . for 1. by express positive laws and commandments of god oft repeated , all the particulars of this dutie are defined . 1. the quota pars or quantitie : all the tithe of thine encrease the same year . 2ly . the time of it : every third year , which is the year of tithing , at the end of three years . 3ly . the place of stowage : thou shalt lay it up within thy gates . 4ly . the persons who must receive it : the levite , stranger , fatherless , widow . 5ly . the place of their receiving it : within thy gates . 6ly . the manner of receiing it : they shall come and eat thereof and be filled . secondly , which is most considerable , the owners and tithe-payers had no disposing power over it for their own uses upon any occasion or necessitie . for , 1. they must bring all of it out of their houses as an hallowed thing . 2ly . they must make a solemn protestation before the lord , that they had given it all to the levite , stranger , fatherless , widow , and that not of their own free voluntarie bountie , but as a bounden debt and dutie , according to all gods commandments which he had commanded them . 2ly . that they had neither wilfully transgressed , nor negligentlie forgotten his commandments herein . 3. that they had neither eaten thereof in their mourning ( in times of want and distress ) neither had they taken away ought thereof for any unclean use , &c. but have hearkened to the voice of the lord their god , and done according to all that he commanded them : the reason of which protestation was , because god committed the custodie and dispencing of these three years tithes to the owners themselves , who might be apt to purloin and pervert part of them to their own private uses . i appeal now to all mens consciences , whether these very texts do not unanswerably prove tithes to be no alms or arbitrary benevolence at all , but a most precise , positive , certain debt and duty , most punctually limitted in each particular ? and whether that we now usually call alms to the poor , be not a debt and duty , as rom. 15. 27. with other texts resolve it , not a meer freewill gift , which we may neglect or dispence with as we please . having cleared the text as to alms , i shall next vindicate them from the other mistakes concerning the time of tithing , and persons receiving tithes . for which end we must know , that the jews had four sorts of tithes , as the scriptures and a marglnal authors prove , besides their first fruits , amounting to any proportion from the 40th . to the 60th . pars amongst the pharisees who exceeded others in bounty , 1. such tithes as every of the laity in ●●●●y tribe of israel , who had any comings in , or increase at all , paid unto the levites , out of their annual increase that was eatable or usefull for them , as a sacred inheritance , possession and reward for their service at the tabernacle ; being the full tenth part of their increase , after the first fruits deducted : which tithes they received in kinde at their respective cities and places of abode : and if any tithe-payer would redeem or compound for them , he was to adde a fifth part more than they were valued at ; because the levites should not be cheated by any undervalues , and those who redeemed them did it only for their own advantage for the most part , not the levites ; and then they should pay for it . these are the tithes prescribed levit. 27. 30 , 31 , 32 , 33. numb . 18. 20 , to 32. which the levites and their households were to eat in every place , where they resided , as their peculiar portion and inheritance ; wherein the stranger , fatherless and widow had no share , neither were they brought up to jerusalem , nor put into any common treasurie ; and paid constantly every year . and these are the tithes which our ministers now challenge and receive by a divine right , as their standing inheritance , and the churches patrimonie : and the tithes intended heb. 7. 2 , 5 , 8 , 9. 2ly . such tithes as the levites paid to all the priests , as most affirm : or to the high priest only ( as lyra , tostatus , and some other popish authors assert , to justifie the popes right to tenths , which he challengeth and receiveth for the rest of the popish clergie in all places ) for their better maintenance and support besides their first-fruits , fees of sacrifices , oblations and other duties , being the full tenth part of the tithes they receive from the people ( due to the whole body of the tribe of levi ) numb . 18. 20. to 31. 3ly . a second tenth , which the lay israelites were obliged by god , to pay every year out of their nine parts remaining after separation of the first tenth here mentioned ; and this was likewise of all their annual increase of corn , wine , oil , cattel , sheep , honey , and things eatable ; this tithe was by gods special appointment to be carried up to the place which god should chuse , and to jerusalem in kinde , by the places that were near ; and the full value thereof in money by places more remote . which tithes and money were designed for the maintenance of their publick solemn standing feasts every year , wherein the owners , priests , levites and all the people feasted together before the lord. the residue was laid up in storehouses , treasuries and chambers together with the first-fruits and offerings for the maintenance of the priests and levites dwelling in jerusalem , having no abiding elsewhere in the countrey , and for those who came up thither in their courses and served in and about the temple ; of which some selected priests and levites who were faithfull had the oversight and distribution ; not any lay treasurers , officers or sequestrators who would be singering all our ministers tithes now , and reduce them to a publick treasurie , to fill their private purses with them . these are the tithes commanded , specified , and principally intended : deut. 12. 6 , 7 , 8 , 11 , 12 , 17 , 18 , 19. c. 14. 22 , to 28. 2 chron. 31. 6 , to 16. neh. 10. 37 , 38 , 39. c. 12. 44. c. 13. 9 , to 14. mal. 3. 10. which tithes were abolished with the jewish feasts and temple : yet the shadow and footsteps of them continued many years after in the primitive christians love-feasts , as mr. mountague proves at large . 4ly . the fourth sort of tithes which the lay israelites paid , was that for the levite , stranger , fatherless and widow , payable only every third year out of all that years increase ; after the separation of the forementioned tithes for the levites , priests and annual feasts ; which the owners kept in their own barns , and were to be eaten by the levite , stranger , fatherless , and widow , within their gates and houses , deut. 14. 28 , 29. c. 26. 11 , to 17. now in allusion to the last kinde of tithes , st. ambrose sermone in die ascentionis , st. jerome in mal. 3. st. augustine , sermo : 219. de tempore , & ad fratces in eremo , serm. 64. caesarius arelatensis , de eleemosyna , hom. 2. eutropius in the life of st. steven , c. 17 , 18. the exhortation written about an. 700. beda eccles . hist . l. 4. c. 10. agilardus contra insulsam vulgi opinionem de grandine , &c. p. 155. ivo carnotensis , epist . 102. the synod of york under hubert , an. 1194 and some others , press the payment of tithes to ministers , and giving alms , or some part of their goods to the poor , jointly together ; and some few of them stil● tithes , tributa refectorium animarum : the tribute ( not alms ) of the poor souls ; and tell us of tithes which god himself hath commanded to be given to the poor . but this they intend not , of the first sort of tithes due to the ministers of god ; but of a tenth of their remaining annual increase after the ministers tithes first paid ; as most of them expresly declare . viz. hierom. on mal. saltem judaeorum imitemur exordia , ut pauperibus partem demus ex toto : & sacerdotibus & levitis honorem debitum et decimus referamus , de sua particula ( not the ministers ) pauperibus ministrare ; and the english synod of calchuth , an. 786. with capitularia caroli magni , l. 6. c. 29. most distinctly ; decimas ex omnibus fructibus & pecoribus terrae annis singulis ad ecclesias reddant et de novem partibus que remanserint eleemosynas facient . so as there is nothing in scripture or antiquity rightly understood to prove tithes to be pure alms , as some have erroniously fancied . the second ground of this opinion , that tithes were free and pure alms , was the frequent grants , donations and consecrations of tithes and portions of tithes by several lords of mannors and lands by special charters yet extant , recited in mr. a seldens history of tithes between the year of our lord 1060. and 1250. ( in the darkest times of popish superstition ) to abbies , monks , friers , nunnes , and religious houses in eleemosynam pauperum ; in liberam puram et perpetuam eleemosynam to be distributed by these monks , or their almoners to the use of the poor pilgrims , strangers , widows , and orphans , in general , at their discretion , or particularly of such and such parishes ; and they supposing the monks to be most charitable to distribute them to the poor ; most of which grants or all were made by the consents of the bishops of the diocess and confirmed ; by them , and many of them with the assents of the patrons and encumbents of the churches . and sometimes whole churches with their tithes were thus granted and impropriated to monasteries and monks , in jure perpetual frankalmoigne , to the starving of the peoples souls , to pray for their patrons when deceased , and seed the bodies of the poor without their souls ; whence all or most of our appropriations and impropriations really sprang , to the great prejudice of ministers maintenance , and parishioners souls . upon this ground a many monks and mendicant fryers who were no part of the ordained ministry , ( just like our vagrant anabaptistical and unordained sectarian predicants now ) to rob the ministers and most priests of all their tithes , engross them into their own hands and disposal to enrich themselves and their monasteries , everie where cryed up tithes to be pure almes , which everie man might bestow where he pleased , and that themselves ( having renounced the world , and vowed povertie ) were fitter to receive and dispence them than the secular parish-priests ; and made this doctrine a very gainfull trade , whereby they got most of the best benefices of england , and a b great part of the tithes into their own possession , to the great prejudice of the church . and not content herewith , the premonstratenses and other orders procured a bull from pope innocent the 3d. about the year 1●10 . to exempt all their lands which themselves manured , and all their meadows , woods , fish-ponds , from paying any tithes at all to parish-priests or others ; that they might bestow them in alms , or on the poor of their monasteries , as they had requested them from the pope ; as the words of the bull attest : after which they invented other bulls ( condemned in our parliament by a special act ) to exempt their tenants likewise from paying tithes , under the same pretext . and this is the true ground and original of that monkish opinion , that tithes were pure alms , and that men might give them to whom they pleased : which grant of thithes to monasteries , monks , and exemptions of their lands from paying them , upon pretext of giving them in alms , to the great prejudice of the ministers ( perdenda basilica sine plebibus , plebes sine sacerdotibus , sacerdotes sine reverentia , & sine christo denique christiani , bernard epist . 240. ) was severely censured and sharply declaimed against by st. bernard and hugo partimacensis , epist . ad abbatum & conventum nantire monasterii after ivo his epistles , p. 245. ( a most excellent epistle against this practice ) the council of vienna , an. 1340. joannis sarisburiencis , de nugi● curialium , l. 7. c. 21. petrus blesensis , epist . 82. petrus clamianensis , epist . l. 1. epist . 33. and the monkish assertors of this doctrine , that tithes were pure alms , and disposable to whom the people would ; were by a pope innocent the 4th . stiled and censured in these terms , i sti novi magistrique dicent & praedicant contra novum et vetus testamentum : yea richard archbishop of armaugh complained much against these greedy unconscionable monks in his defensorium curatorum , for possessing the people with this opinion , that the command of tithes was not moral , but only ceremonial , and not to be performed by constraint of consciences to the ministers and curates , and that what lands or goods soever were given by any of the four orders of mendicants ought to be exempted from paying tithes to ministers in point of conscience ; which he refutes ; from these monks john wickliff , walter brute , and william thorp ( living in that blind age ) took up their opinion : that tithes were pure alms , and that the people might give them to whom they please , if they were godly preachers ; and their parish priest , lazy , proud , and wicked , which opinion of wickliff was refuted by b thomas waldensis as erronious , and condemned in the council of constance . this i have the longer insisted on , to shew how canne and the rest of our anabaptistical tithe-oppugners , revive only these old greedy monks , friers tenents and practices for their own private ends and lucre ; to wrest our ministers tithes from them into their own hands or disposing , and exempt their own lands and estates from paying tithes , that so we may have churches without people , people without ministers , ministers without due reverence , and finally christians without christ ; as a bernard writes they then had by this monkish sacrilegious doctrine and practice . the fourth objection ( much insisted on as i hear ) against our coercive laws and ordinances for ministers tithes , is this common mistake , that the payment of tithes to ministers as a parochial right and due , was first setled by the popish council of lateran , under pope innocent the 3d. an. 1215. before which every man might freely give his tithes , to what persons or churches he pleased ; therefore it is most unjust , unreasonable to deprive men of this liberty , and enforce them to pay tithes to their ministers now by such laws and ordinances . i answer , that this is a most gross mistake of some ignorant b lawyers , and john ( c canne ; for in the canons of this council , there is not one syllable tending to this purpose , as i noted above 20. years since out of binius and surius in the margin of sir edward cooks 2. reports , fol. 446. where it is asserted ; which error he expresly retracts in his 2d . institutes on magna charta , f. 641. the words of the council , can. 56. plerique ( sicut excipimus regulares , & clerici seculares interdum ) dum domos locant vel feuda concedunt in presudicium parochialium ecclestarum . pactum adjiciunt ; ut conductores & feudatorii decimas eis solvant , & apud eosdem elegant supremam : cum autem id ex avariti● radice procedat , pactum hujusmodi penitus reprobamus : statuentes , ut quicquid fuerit ratione hujusmodi pacti praeceptum , ecclestae parochiali reddatur . by which constitution it is apparent , first , that parish priests and churches , had a just parochial right to the parishioners tithes within their precincts before this council , else they would not have awarded restitution to them of the tithes received ; and that they had so ordered and decreed it by sundry councils and civil laws some hundreds of years before , is apparent by the 2. council of cavailon under charles the great , an. 813. can. 19. synodus ticimensis under lewis the 2d . an. 855. the council of mentz under the emperour arnulph , an. 894. can. 3. the council of fliburg , an. 895. can. 14. the decree of pope leo the 4th . ( attributed to gelasius by some ) about the year 850. the council of wormes and mentz ( about that time or before ) cited by gratian , caus . 16. qu. 1. the council of claremont under pope vrban , an. 1095. ( these abroad ) and at home in england , the ecclesiastical laws of king edgar , an. 967. c. 1 , 2. the council of eauham under king edgar , an. 1010. and his laws near that time , c. 14. and the council of london under archbishop hubert , an. 1200. ( 15 years before this of lateran . ) all which enjoyn the people to pay their tithes to their own mother-churches where they heard divine service , and received the sacraments , and not to other churches or chapels at their pleasures , unless by consent of the mother-churches . hence peirus blesensis archdeacon of bath , about the year 1170. ( 45. years before the council of lateran ) in his 62. epistle writes thus to the praemonstraticatian monks , who procured an exemption from paying tithes out of their lands , that their lands were obnoxious to tithes , before they became theirs , and were paid hitherto , not with respect of persons , sed ratione territorii : but by reason of the territory and parish precincts . and pope innocent the 3d. his decree dated from lateran , an. 1200. ( mistaken for the council of lateran ) cited in cooks 2 instit . p. 641. was but in confirmation of these precedent authorities . 2ly . the abuses complained against and reformed by this council , was not the lay parishioners giving away of their tithes from their own ministers and parish-churches at their pleasures ( not a word of this ) but a new minted practice of most covetous monks , religious houses , and some secular clerks , to rob the parish-churches and ministers of all the tithes of the lands held of them , by compelling their tenants and lessees by special covenants in their leases and bonds , to pay their tithes arising out of their lands , only to themselves and their monasteries : not to their parish churches as formerly ; which the pope and this great general council resolve , to proceed merely from the root of covetousness , ( let canne and his comrades observe it , who pretend conscience to be the ground ) whereupon they condemn , reform , this practice , null the covenants , bonds , deformations , and decreed restitution of all profits by these frauds to the parish-churches . and was not this a just , righteous and conscionable decree , rather than an antichristian and papal , as canne magisterially censures it ? 3ly . admit the parochial right of tithes first setled in and by this council ( which is false ) yet being a right established at 438. years since , confirmed by constant use , custom , practice even since allowed by the common law of england , ratified by the great charter of england , ch . 1. with sundry other a s●atutes , acts of parliament , canons of our councils and convocations ; and approved by all our parliaments ever since , as most just , expedient , necessary : yea setled on our parish churches by b original grants of our ancestors for them , their heirs and assigns for ever , with general warranties against all men , with special execrations and anathemaes denounced against all such who should detain or substract them from god and the church , to whom they consecrated them for every ; and that as sacred tribute reserved , commanded by god himself , in the old and new testament as a badge of his vniserval dominion over them and their possessions , held of him as supream landlord ; as the c council of london under archbishop hubert , in the 2d . year of king john , with another council under archbishop replain , 3 e. 3. the council under archbishop stratford with others resolve . there neither is nor can be the least pretext of iustice , reason , prudence , law or conscience for any grandees in present power , by force or fraud , to null , repeal , al●er this ancient right and unquestionable title of our ministers to them now ; and set every man loose to pay no tithes at all , or to dispose of them how and to whom they will at their pleasure , to destroy our churches , ministers , parishes , and breed nothing but quarrels and confusions in every place and parish at this present , when all had now need to d study to be quiet , and to do their own business ; and not to disturb all our ministers and others rights without any lawfull call from god or the nation . which unparalleld incroachment on our ministers and parish-churches rights , if once admitted , countenanced , all the people in the nation by better right and reason may pull down all the fences and inclosures of fields , forests , or commons made since this council ; deny , substract all customs , impositions , duties , rents , payments publick or private imposed on , or reserved from them since that time by publick laws , or special contracts , and pay all their rents , customs , and tenure-service● , to whom and when they please ; which our grandy late army-purchasors of kings , queens , princes , bishops , deans and chapters lands , with other opposers of tithes may do well to consider for their own advantage and security , their titles to them being very puny , crazy , disputable , in comparison of our ministers to their tithes . now whereas a thomas walsingham , randal higden a monk of chester in his polichronicon , and henry abbot of leycester write ; that the general council of lyons in france ) under pope gregory the tenth , an. 1274. decreed ; ( what others ignorantly attribute to the council of lateran aforesaid , an. 1215. ) v● nulli homini deinceps licea● decimas suas ad libitum , ut antea , liceat assignare , sed matrici ecclesiae omnes decimas persolverent : which seems to imply , that before this council every man might give his tithes from the mother church to whom he pleased , notwithstanding the council of lateran and innocents decrees . i answer , 1. that there was no such canon made in this council , as these ignorant monks mistake , which is undeniable by the acts and canons of this council , printed at large in binius , surius , and other collectors of councils ; but only one canon , against clergy-mens alienation of the revenues of the church ; and another against the vsurpation of the churches revenues by patrons in time of their vacancy : which have no affinity with that they mention ; which if true , then that which canne and others object , that the council of later an made this inhibition , and took away this liberty of disposing tithes at pleasure from the parishioners , is false , as i have proved it . secondly , that from this mistake of these monks it was ( as mr. b selden probably conjectures ) that william thorp ignorantly affirmed , that one pope gregory the tenth first ordained new tithes first to be given to priests now in the new law. john canne to manifest his great ignorance both in history and chronologie , in his second voice from the temple , p. 13 , 14. writes thus . before the council of lateran , which was under innocent the third , any man might have paid his tithes to any ecelesiastical person he pleased ; but by that council it was decreed , that tithes should be paid to the parochial priest : ( which i have proved a grosse forgerie ) and then he addes , william thorp saith , that pope gregory the tenth , was the first , that ordained tithes to be paid to priests , in the year 1211. fox , p. 494. wherein , 1. he mis-recites thorps words , who speaks not of tithes in general , but only of new tithes : not antiently paid by the jews , nor prescribed to them by god. and is this square dealing ? 2ly . he subjoyns the time ( which thorp and master fox do not , ) referring this decree of gregory the tenth , to the year 1211. which was four years before the council of lateran , by his own confession and falls within the popedom of ●nnocent the third , and is no less than 63. years before the council of lyons under gregory the xth. and his papacy ; there being no less than seven popes intervening between this innocent and gregory , as platina , onuphrius , in their histories of popes lives , and binius , spondanus , oxenetius , matthew westminster , the centuries of magdenburg , mr. fox himself and heylin affirm . and most certain it is , that neither this pope gregory , nor the council of lyons under him , nor of lateran under innocent , made any such decrees concerning tithes , as canne here boldly asserts ; and with these two forgeries , he most impudently concludes , the payment of tithes is popish , nothing more certain , ( when as nothing is more false or fabulous ) and so within the 2d . article of the covenant of the two nations ( nothing more untrue , both in the intentions and explanations of the makers and takers of that covenant , as their several ordinances for tithes both before and after it demonstrate ) which many have sworn ( not he nor his confederates , or else perjured with a witness , if they have done it , in every clause thereof ) to endeavour the extirpation of superstition and all kind of popery , ( therefore of all monkish , popish substractions of , and exemptions from payment of tithes to their parochial ministers fore-recited , invented , granted by popes , and real popery ) and therefore as it is a case of conscience ( for those who have taken the covenant to pay tithes , not for any man whatsoever , especially covenanters to retain them ) so men ought to be carefull either how they press it , or practise it . so this father of lyes and forgeries concludes against all truth and conscience , and dares aver to those he stiles , ( let himself determine quo jure ) the supream authority of the nation , the parliament of the common-wealth of england , to engage them sacrilegiously to rob all our ministers both of their rectories , tithes , ministery at once ; to starve and famish ( they are his own uncharitable anabaptistical words , p. 1 , 2. ) these antichristian idols , which if they neglect speedily to do , he more than intimates ( in his epistle to them , and let them and all others observe it ) the lord ( you may guess whom he means ) shall lay them aside , as despised broken idols and vessels in whom his soul hath no pleasure : like those who sate there before them : just john of leydens doctrine and practice . it is storied of sacrilegious philip of macedon ( by a polybius and others ) in aras et templa sae viit , ipsos etiam lapides infringens , ne destructas aedes posthac restitui possint , and that to raise monies to pay his all-devouring army ; and of dicaearc●us ( his atheistical general , as impious as his soveraign ) that returning victoriously from sea , he built two altars , one to impiety , the other to iniquity , and sacrificed to them as to gods. certainly b john canne , who would have all our churches razed to the ground , and not a stone of them left upon a stone unthrown down , that they might never be built again , ( the true voyce of a son of edom and c babylon ) and all our ministers rectories , tithes , food and maintenance , whereby they are fed and kept alive , taken away by the magistrates , ( and that to maintain the army and souldiers , as some design ) would be a very fit chaplain for such a sacrilegious king and general ; and a fit priest or minister for these two infernal deities of impiety and iniquity , the only gods , which too many pretended saints and anabaptists really serve , worship in their practice . but let canne with all his impious , unrighteous , seduced disciples , patrons , remember that blessing which dying moses , that man of god , ( a better president , general for christians to follow , than these pagan atheists ) bestowed on the tribe of levi ( a extending to all true ministers of the gospel now ) with his bitter imprecation against all who invaded their substance , function , or rise up against their office , recorded thus for their shame and terror , deuter. 33. 1 , 8 , 9 , 10 , 11. this is the blessing wherewith moses the man of god blessed the children of israel before his death . and of levi he said , let thy vrim and thy thummim be with thy holy one : for they have observed thy word , and kept thy covenant . they shall ( or let them ) teach jacob thy judgements , and israel thy law : they shall put incense before thee , and whole burnt sacrifice upon thine altar . blesse o lord his substance , and accept the work of his ●ands : smite through the loyns of them that rise up against him , and of them that hate him , that they rise not again . which i shall recommend to john canne for his next text , when he preacheth before his fraternity of anabaptistical tithe-oppugners , and church-robbers ; to all injurious substracters of their ministers tithes , and professed enemies to their calling . and so much for the third proposition . chap. iv. i now march to the 4th . proposition , that our ministers tithes are really no burthen , grievance or oppression to the people ; but a just antient charge , debt , annuity or duty , as well as their landlords rents , or merchants poundage . that the abolishing of them , will be no real ease , gain , or advantage to farmers , lessees , and the poorer sort of people ( as is falsely pretended ) but only to rich landlords and landed-men , and a loss and detriment to all others . there have been divers clamorous petitions of late against tithes , subscribed by many poor people , labourers , servants , apprentises , who never were capable in their estates to pay any ( not by the nobility , gentry , and freeholders of the nation , or the generality of those whose estates are most charged with them , who repute them no burden nor grievance , and desire their continuance ) as if they were the very bonds of wickednesse , the heavy burdens and yoak , which god himself a by an extraordinary call , hath called forth some in present power speedily to loose , undo and break , isay 58. 6 , 7. to which they allude , and much insist on , when as it is most clear , that this perverted text was never once intended of tithes , which god himself imposed on his people , as a just reserved rent and tribute due unto himself and his ministers , and adjudgeth it plain ( b ) robbing of god to substract , much more then to abolish , and those who press the abolishing of tithes from this text , may with much more colour urge it against all landlords rents , annuities , tonnage , poundage , the antient customs of wool , woolfels , leather , tinne , lead , which they and their ancestors by their tenures and our known laws have paid time out of mind : and presse those in power to expunge these texts out of the very gospel , as apochryphal and burdensom , mat. 22. ●1 . render to caesar the things that are caesars ; and unto god the things that are gods ( a clear gospel-text for the payment of tithes , which are gods own tribute and portion , levit. 27. 30 , 32. mal. 3. 8 , 9 ) and rom. 13. 7 render therefore to all their dues , tribute to whom tribute is due , custom to whom custom , &c. against both which they directly petition , as the premises demonstrate . this calumny and wresting of scripture being removed , i shall thus make good the first branch of the proposition . i have already manifested by undeniable antiquities , laws , records , that tithes were freely given to and setled on our church and ministers , by our pious kings munificence , charters , laws , with the general applause and consent of all the nobility and people , upon the very first setlement of religion in this island , many hundred years before we read of any publick taxes for defence of the realm , or maintenance of the warres by land or sea , the first whereof was a dane-gelt ( first imposed by common consent of the lords in parliament , an. 983. ) or before the antientest yet continued cust●me on wool woolfels and skins exported , first granted by parliament in 3 e. 1. anno dom. 1276. at least 500. years after the first extant grant , law and setlement of tithes in perpetuity , as a divine duty , rent and service for the necessary maintenance of gods ministers and publick worship . this most antient , annual rent , charge or tribute unto god , hath inviolably continued in all publick changes and revolutions of church and state ; bri●ons , saxons , danes , normans , english , papists , protestants , conquerors , invadors , right heirs , and lawfull purchasers , intruders , disseisers , less●es of all sorts , whether publick persons or private , maintaining , consirming , rendring their tithes successively , as a divine and sacred quit-rent due to god , wherewith they came charged into the world , till they departed out of it ; laying down this for a principle of divinity , law , equity ; b that god alone bath given to every man the lands and all he holds and possesseth , whereby he gains his food and living ; and therefore out of the land and trade , whereby every one gets necessary supply for his body , he ought to contribute a tenth and tribute towards the service of god , and salvation of his soul , much better than his body ; as augustine in his 229. sermon . tom. 10. and the antient saxon canons of an uncertain time and author resolve . there was no purchaser , heir , inheritor , farmer , tenant , or lessee of lands in our whole nation , that paid tithes out of it , since tithes first setled in this kingdome ; but he inherited , purchased , took and held his lands charged with tithes ; whence our a law-books resolve , that no lay-man can by the very common law of england , allege any custome or prescription , for not paying tithes but only a modus decimandi in recompence of his tithes ; which he may in some cases plead , because grounded on some antient contract and a valuable consideration in lieu of tithes . ; moreover , as all men took their purchases , farmes , leases or inheritances , by descent thus charged ; so this charge was universally known to all purchasers , lesees , and the full annual value of the predial tithes they pay out of their lands , or leases , abated them in their purchases , rents , fines , by the venders and lessers , of purpose to defray the publick necessary annual charge ; which if the lands had been tithe-free , had been proportionably raised , to the common value of the tithes , in the purchase ▪ moneys , fines , or rents ; and will be so by every seller of lands , and land-lord , when ever tithes be suppressed . this being a clear undeniable truth , which every rational man must subscribe to ; it is certain , no person this day living , complaining or not complaining against tithes , can in verity , equity , justice , reason , repute or call them , either an unjust or oppressing yoak , bond , burden ( as many ignoramusses do , without sense or reason ) nor any burden or charge at all to him , since he had , or rather hath the full annual value of them allowed him in his purchase , fine , or rent , by him that sold or leased his lands unto him . and although it be true , that in such tithes as the earth doth not naturally produce without labour ( as it doth grasse , wood , fruits , ) viz. corn , hops , saffron , woad , and the like , the minister enjoyes the tenth of the husbandmans increase , seed , labour and costs in tillage and improvement ( the great objection against tithes as an heavy burthen , and oppression ) yet all this pretended great cost and charge ( except only in cases of improvements ) was altogether , or for the most part allowed and defalked in the purchase , rent , or fine ; which if tithe-free would have a been , ( and when made tithe-free , will be ) raised to the full value of the tithes , even one years purchase more in ten sales , and 28. rent more in every pound each year upon lease● , as all understanding men knowing what belongs to purchases , sales of lands or leases must acknowledge . and that farmer , purchaser , or improver of lands , who deems not his faithfull ministers prayers , preaching , pains , and gods blessing on his seed , crop , estate , soul , family , b promised and entayled to the true payment of tithes , and are only procured by his ministers prayers , without which his seed , crop , and all his estate would be blasted with a curse , & amount not to a tenth part , of what he now enjoys by gods promise and blessing by paying tithes , and his ministers prayers ; deserves not the name of a rational man , much lesse of a christian ; and can expect nothing but gods curse upon all he sowes , plants , enjoyes , instead of a blessed crop or harvest . all which considered , i appeal to any christian , or rational mans conscience , whether tithes be any such heavy , oppressing , intollerable , discouraging yoak , bondage , burden , oppression as some now declaim them , which gods chiefest saints before the law voluntarily rendred without murmuring , and chearfully vowed , paid unto god without a law , and his antient people rendred without murmuring ( though double to our tithes now ) by an express law , during all the levitical priesthood , and all our ▪ own ancestors , as well protestants as papists , have for so many hundred of years chearfully rendred without dispute , and all now living came charged with into the world , and were thus allowed the value of them in their purchases , fines , and leases . and whether all tithe-payers have not far more cause to petition against all old and new rent-services , rent charges , annuities , quit-rents , statutes , debts , wherewith they were charged by their ancestors grants or contracts , and of all the antient customs for merchandize for defence of the seas of realm , as intollerable oppressing burdens , yoaks , grievances ( as the levellers and anabaptists in some l●●e printed papers stile all customs , tonnage , poundage , impositions whatsoever , as well as tithes , our excises , or monthly taxes , of new illegal formation , as well as imposition ) than thus to murmur , complain , petition against their predial tithes , our ministers chiefest livelihood , except in cities which have no tillage , woods , or meadows ? and so much briefly for proof , that tithes are no real grievance , burden , oppression , to gods people ; especially since orignally granted and commanded by god himself , whose commandements are not grievous , 1 john 5. 3. and whos 's heaviest yoak is easie , and burden light , matth. 11. 30. and those new-saints , who shall think otherwise of this divine commandement , yoak , and burden of tithes , under the gospel , give the gospel it self and christ the lye herein . for the 2d . branch , that the abolishing of tithes will be no real ease , gain , or advantage to farmors , lessees , and the poorer sort of people , lyable to pay tithes ( other poor being not concerned in the controversy , whose poverty it self ex-exempts them from this surmised grievance ) but a gain and benefit , only to rich landlords and landed-men , is apparent by the premises . for no sooner shall tithes be abrogated , but every landlord will raise the full annual value of them in his annual rents , or fines , and exact more for them from his poor tenants , farmers , lessees , than they might have compounded for with their ministers : and where then is their expected gain , or ease , wherewith they are deluded by impostors ? as for the rich landlords , they complain not of tithes as a burden , and need no exemption from them : and as all predial tithes now really issue out of their inheritances charged with them in perpetuity , who therefore abate , allow the full value of them to their farmers and tenants in their fees and rents , by way of defalcation , they being in truth the greatest and most considerable tithe-payers , not the poor farmers , or under tenants : so their inheritances only will be much improved , augmented by tithes abolishing at least one part in ten ; whiles the poor ministers and families shall be starved , and the tenants then more racked by the landlords than by the ministers now . and this is the godly goodly ease this saint-like project will effect , if put into execution , by which none will be real gainers , in their temporal estate , but those who have inheritances ; and all losers in their spiritual estate , by the losse or great discouragements of their ministers , hebr. 13. 17. this will appear by the practice of some greedy land-lords of old , thus recited , condemned in this decree of the council of lateran under pope innocent the 3 d anno 1215. in aliquibus regionibus , &c. ( i will english it , that our country farmers may the better understand it , ) in some countries there are a stupid ( or mungrel ) sort of people who living according to their custom , although they have the name of christians ( i doubt canne will say they were anabaptists , and his godly predecessors ) some lords of farms ( or lands ) let them out to these men to manure ( ut decimis defraudentes ecclesias , majores inde redditus assequantur ) that by defrauding the church of tithes , they may gain the greater rents from their tenants ( equivalent no doubt to their tithes , where then is the tenants gain by any hoped exemptions from tithes ? ) being willing therefore to provide remedy for these prejudices , for the indemnity of churches , we ordain that the landlords themselves shall commit their farms to be leased to and tilled by such persons , and in such sort , that without contradiction they may pay tithes to churches with integrity ( or their intire tithes without any deduction : ) and if there shall be need , let them be thereto compelled by ecclesiastical censure , for these tithes are necessarily to be paid , which are due by divine law , or approved by the custom of the place ( though not within the letter of the divine law , is the councils meaning , not any modus decimandi of ought within gods law , against which no custom can or must prescribe ) let all country-men learn from hence , what they will get by abolishing tithes , if voted quite down . nay let them consider well , whether the real designs now on foot , prosecuted by some army officers and souldiers , be not to vote down tithes , just as they did the crown lands ( formerly a reputed sacred , and incapable of any sale , because the common standing inheritance of the whole realm to defray all ordinary publick expences in times of peace and war , to ease them of all subsidies and taxes whatsoever , except one in three or four years upon extraordinary occasions , granted in full parliament for their safety ) even to vote them only from the ministers , and get them into their own hands , to help pay themselves and the army , under pretext to ease the people in their taxes ; and yet continue their taxes still upon them in the same extream ( or an higher ) proportion as heretofore , though they take their tithes to boot , without easing them one farthing in their contributions , as in case of the kings , princes , bishops , deans and chapters lands . surely these officers and souldiers who pretend so much liberty and ease to the people in words , and still so oppress them in deeds , as not to ease them one penny in their former unsupportable taxes , excises ( which their ancestors never knew nor paid ) under which they have for some years groaned , though all ireland be now reduced , england in peace within it self , and scotland under contribution , and take upon them to impose such illegal taxes now without any parliament by their own super-regal authority , transcending all presidents of our kings and their councils out of parliament , can never be presumed to tender their ease and gain so much , as to permit them or their land-lords , to put up into their own private purses so great and constant an annual revenue as their tithes amount to , unto which they have neither legal right nor title , but will appropriate it to themselves ( as they have done church-land and crown-land too ) for their future pay , or past arrears ; and some of them have confessed so much . and which then think you will prove the better tithe lords , ministers or souldiers ? for the third branch : that the abolishing of tithes , will be a loss and detriment to all others , excepting land-lords , and landed men ; i shall thus demonstrate . 1. it will be so to all our ministers and their families , tithes being their principal livelihood . 2ly . to all such colleges , hospitals , corporations , schools , all or part of whose revenues depend on appropriated tithes and rectories , and to all their farmers and families . 3ly . to all impropriators and their lessees , which are very many ; there being by a mr. cambdens and others computation , 9284. parishes in england , whereof 3845. ( of the best value , for the most part ) are impropriated or appropriated . and the abrogation of tithes without giving competent recompence to all impropriators , as well body politicks as natural and their lessees , ( which how it can be done now bishops , deans and chapters lands devoted and voted once for their satisfaction , are sold to pay the souldiers , i cannot yet discern ) will ruine many colleges , hospitals , schools , with other corporations , and thousands of families depending on them . 4ly . all tenants and farmers will be losers by it , in their estates , as well as souls ; for then the land-lords will raise the full improved value of their abolished tithes in their fines and rents ; and if they have a godly able minister to instruct them for their salvation , and spiritual weal , they must hire and pay him out of their own private purses only , while their land-lords or others purse up their tithes whereon now their ministers live without further charge unto them ; and which is more chargable , they must pay their ministers share of taxes and other publick payments to boot out of their own purses and estates , which now are defrayed wholly by ministers themselves : and so instead of hoped ease , by abolishing tithes , they shall but draw a causless perpetual charge on themselves and their posterities , as our new projectors have done , by the sale of all the crown lands and revenues to themselves , and their friends and souldiers at easie rates , to enrich themselves , which should have defrayed all publick ordinary charges as they ever have done , which now must be raised out of the peoples private purses only , whiles these new statesmen and souldiers purse up and enjoy the publick revenues which should defray them ; and tax the impoverished nation at what extraordinary uncessant rates they please , and then dispose of them as their pleasures , when levyed to themselves and their creatures ; the only way to make our taxes both easeless and endless , to the peoples utter ruin , and their own extraordinary enriching by their spoils . 5ly . the poor people in every parish will lose the charitable relief they receive from their ministers , who in many places were and still are a grest relief to the poor and impotent by their liberal charity and a hospitality ; now much decayed by heavy and endless taxes , and unconscionable substractions of their tithes , by sectaries , souldiers and lawless covetous earth-wormes . 6ly . i must truly inform and tell all such farmers , tenants and other deluded countreymen , who think to gain much ease and profit , by the abolishing of tithes for the future , they shall soon repent of , and be doubly burthened hereafter to the uttermost improved value of them in the augmentation of their taxes to the souldiers , who will be harder new iron land-lords , tithe-lords to them , than their ministers now are . this was st. b augustines observation long ago , recorded by c gratian , d bochellus with many others , and made good by many practical experiments in former and latter ages : his words are these . our ancestors did therefore abound with plenty of all things , because they gave tithes to god , and rendred tribute to caesar . modo autem quia decesserit devotio dei , accessit indictio fisci . nolumus partire cum deo decimas , modo tollitur totum . hoc tollit fiscus quod non accepit christus . that is , but now because our devotion to god ( in paying tithes ) is departed , the sequestration of the exchequer is come , ( both on tithes and lands ) we would not pay our tithes unto god , now the whole is taken away ( in taxes and sequestrations ) the exchequer sweeps away that which christ doth not receive . and how many have found this true in our dayes , by sequestrators and swordmen , who have sequestr●d all the profits of their lands , as well as their tithes , and the ministers tithes and glebes to boot ? he addes . this is a most just custome , that if thou wilt not give god his tenth , thou shalt be reduced to a tenth of thy estate , et dabis impio militi , quod non vis dare deo et sacerdoti and thou shalt be forced to give that to a wicked souldier , which thou wilt not give to god and thy pious minister . ; this the whole synod . of lingon in france , anno 1404. declared for , and observed as a truth in those daies . and angelus de clavasio in his summa angelica tit. decima sect . 20. in his time . petrus blesensis , arch deacon of bath ( who flourished about the year of our lord 1160. ) writes thus to the cistertian monks , who had then procured from the pope , a bull of exemption from paying tithes out of the lands and possessions of their order , epist . 82. ad cistercienses . you know that covetousness is the root of all evil : yet it is said , and we relate it with tears , that this mother of transgression , this mistris of ambition , this captain ( or ringleader ) of iniquity , this wagoner of mischief , this cu●●broat of vertues , this original of sedition , this sink of scandals , hath dared to break in even to your congregation ; the vo●es and tongues of all men would be loosened into the commendation of your sanctity , if you did not forcibly snatch away that which is anothers ; if you did not take away tithes from clergy-men . this is a convectio ( or rapine ) little enough , but that which doth not a little dishonest your life . by the testimony of the scriptures , they are the tributes of needy souls . and what is this injurious immunity that you should be exempted from the payment of tithes to which the lands were subject , before they were yours , and which are hitherto rendered to churches , not out of respect of persons , but by consent of the territory ( mark now the just punishment upon them , for this their covetousness and exemption from tithe-paying ) milites galliarum sibi jus decimarum usurpant . &c. the souldiers of france usurp to themselves the right of tithes , and have no regard of your privileges : eas a vobis potenter extorquent : they extort them from you by the power of the sword. adversus eos debetis insurgere , non adversus clericos , aut ecclesiasticos clericos . you ought to rise up against them , but not against clergy men , or the churches of clergy-men . laurentius bochellus recites & inserts it into his decret . eccles . gall. l 6. tit. 8. c. 19. p. 966. printed an. 1609. from which authorities , i must tel all country farmers and others , now busling to exempt themselves by the power of the souldiers from paying their antient due setled tithes to their ministers , that they shall at last but only change the hand , and be enforced to pay tithes with a witness to the souldiers , even by obtaining their desires . whiles i was a late close prisoner in pendennys castle in cornwall under souldiers ( i never yet knew why ) i heard some officers there ( who had purchased crown-lands in cornwall , not for mony , but arrears of pay ) amongst other their new projects oft times peremptorily saying , we will have all tithes put down ; whereupon i told them , they should have done well to have added saint james his advise to their peremptory words and wills ; which he much censures ; by saying , as they ought to do : if the lord will , we will do this or that , james 4. 13 , 14 , 15 , 16. which i thought they durst or could not subjoyn to their former words , because it was both against the will and command of god , that ministers tithes should be put down , especially by souldiers , who received far above the tenth part of them in monthly taxes for their pay ; and from whose practice of receiving constant pay for their military service , the apostle proves the lawfulness of ministers tithes and salaries under the gospel , 1 cor. 9. 7. after which discoursing merrily with them , i told them , i conceived the true reason , why they and other officers formerly for tithes and ministers , were now so eager against both , was , because most of them had lately purchased so much crown , bishops , deans , and chapters lands charged with tithes , that now out of mere covetousness they would pull down tithes , to hook them into their own purses from the ministers , and though they were never purchased by them in their particulars to improve their over cheap purchases , to the highest advantage ; and because others should not blame them for it , they turned preachers themselves , that they might claim some seeming right to their own and others tithes , and save the charges of a minister . at which they gave a silent blushing smile , without a reply . not long after , about the beginning of january last there came a petition ready drawn to the castle , from the general council of the army officers , sitting at st. james's ( as the souldiers themselves informed me ) directed to those , who then were stiled , the parliament of the common-wealth of england , and supream authority of the nation : though those who sent it knew the contrary , the supream power lay in others hands ; the effect of which petition was , for the total abolition of tithes of all sorts , as a jewish and antichristian bondage and burden on the estates and consciences of the godly ; and that for the future they and the people might not be insnared or oppressed with tithes , or any forced maintenance to the ministers , or any thing like it in the stead thereof . this petition all the officers and souldiers in the garrison by beat of drum , upon the change of the gards , were summoned three several mornings , ( just before my chamber window ) to subscribe , together with a printed letter sent from the said council of officers , to all the garrisons and souldiers in england . scotland , and ireland , concerning the heads of their intentions and designs then on foot ( and since executed ) desiring their opinions of , and concurrence with them therein by their subscriptions . this letter with the petition against tithes , were both read together to the souldiers three several mornings , who at the close every morning , gave two or three great shouts ; and afterwards subscribed both the letter and petition . one ensign and two commen souldiers ( who had formerly read the worcester petition for tithes , which this was to countermine ) though they readily subscribed the letter , yet refused to sign the petition ; because they thought it very unreasonable to take away ministers tithes altogether , and provide no other maintenance in lieu of them ; for which they were threatned to be turned out of the garrison and cashiered ere long ( as i was informed by other souldiers ) all the rest subscribed it , and divers of them against their consciences ( as they confessed to me ) because they durst not displease their officers , nor those who sent it to them . some officers and souldiers of the castle ( who were most against all publick ordinances and ministers , never resorting even to their own meetings , and unordained speaking chaplains in the castle ) were sent and imployed into the country to get country-mens subscriptions to the petition against tithes , in the name of the well-affected godly people in the county of cornwall ; as if it proceeded from the country-men , not the officers and souldiers . in which service , these active stirring spirits were very industrious in all parts to procure hand● to this petition , seducing divers to subscribe it , by misinforming them , that it was only against impropriators tithes ; which some honest religious gentlemen , substantial freeholders , and grand jury-men of the country being informed of , drew up a petition ( in the name of the gentry , freeholders , and others of the county , for the continuance of tithes and ministers setled maintenance , subscribed with many hands , and presented by the grand jury men to the justices at their general quarter sessions , to send up to those then in power , as the desire of the gentlemen , freeholders , and the generality of the county ) which petition ( as i have been informed ) was presented accordingly by one of the justices , by order from the bench , though one of his companions when it was delivered by the grand jury to him to present to the bench , had the impudence to tear the petition in pieces in open court , before he acquainted his associates with it ; for which he received a publick check . after the souldiers subscription of the foresaid petition against tithes in the castle , the like whereunto ( as some souldiers acquainted me ) was sent to most other garrisons and counties to subscribe , ( by which we see whence such and other petitions originally spring ) i demanding the reason ( of two or three souldiers who were ingenuous ) why they were so eager against ministers tithes , since they were ( spiritual ) souldiers as well as they , and themselves received above the tithes of their tithes in taxes for their pay ? who returned me this blunt clamorous answer , that they conceived the true reason of it was , that their officers intended to have the tithes themselves , or at least the full value of them in taxes for their pay ; that so the people much impoverished and complaining of their heavy taxes , might be able to hold out the longer to pay them , being seemingly eased by the souldiers in their tithes , though they took them all out again in their increased monthly contributions ; and that this was the private talk and opinion they had of this petition amongst themselves , but they must not speak of it in publick to any . i am not apt to be suspicious of any mens actions or designs , unlesse i see some probable grounds of inducement ; but if this be one principal design of the officers and souldiers present stickling against ministers tithes , to get them into their own hands in kind , ( as they have done much of the bishops , deans , chapters and crown-lands , & the rest in monies in their sales for their arrears & pay ) or at least to fetch them out of the peoples purses in doubled or augmented taxes , equivalent to their tithes in value , or exceeding them , ( as the premises perswade me to incline to ) the ease and gain either promised to , or expected by the people upon the abolishing of tithes , wil prove but a mere delusion and cheat at last ; and instead of easing them , will only double , treble and augment their heavy intollerable taxes ( now imposed and disposed too by the souldiers themselves alone , beyond all presidents of former ages , or kings of the worst edition ) and continue them the longer on their broken estates and drained purses . which will be but a most just , deserved divine punishment on them , for detaining their ministers tithes , as the forecited authors resolve . whereas if these saint-seeming officers and souldiers , so much pretending the peoples ease and weal , would cast off the veil of dissimulation , and really ease the people in good earnest out of conscience and justice , they should do it , as i told them , by disbanding all unnecessary garrisons ( mere useless toyes to secure the country either from an invading or pillaging enemy by sea or land , as i have made many garrison-souldiers acknowledge by unanswerable demonstrations ) disband their long ▪ continued army and forces , kept up on the people 's drained purses to their undoing ( for what ends the very blindest men now see ) put the peoples necessary defence when there is occasion into their own hands and elected militia , and abolish all these heavy incessant monthly contributions , taxes , excises so long continued on them , to maintain the army and inrich the officers ; being the peoples sorest grievance ( not ministers tithes , which few count a burden , and then upon mere mistakes ) which late created monsters , ( unknown to our fore-fathers , who knew none but tenths , fifteenths , and subsidies duly granted , one or two in several years ) will in short time eat out not only our ministers and peoples tithes , but the remaining nine parts too , and leave them most miserable beggers in conclusion , without any food or provision for their souls or bodies : and no other magistracy , ministry , government , laws , liberties , privileges , but what the army . officers and souldiers , ( their late pretended humble servants , but now their supream lords and masters ) shall out of their mere grace and favour allow them , as their conquered vassals , as many of them are not ashamed even publickly in my hearing , as well as others , for to stile our own enslaved nation , as well as scots and irish . and then they shall all lament their folly when too late , in concurring with these swordmen to ab●●ish their ministers tithes , in the old poets elegie , in a like e●se as ours , impius haec tam culta novalta miles habebit ? barbarus has segetes ? en quò discordia cives perduxit miseros ! en queis consevimus agros ! a suidas records of leo the emperour , that when on a time he commanded eulogius a learned philosopher should have a liberal princely reward bestowed on him● ▪ a great officer and courtier standing by said , that mony would be better bestowed for the maintenance of souldiers , to which the emperor replyed , nay , i would rather it might be brought to pass in my time , that the riches now bestowed upon souldiers , might be given to maintain philosophers . and i suppose all rational wise men now will be of the same mind concerning ministers , and rather they should enjoy their tithes and glebes , than souldiers and buff-preachers . all which out of true affection to our ministry and my native country , without any private design to scandalize the souldiers , i submit to all prudent mens consideration , who by this will be able to judge of the truth of this proposition , without further proof . in the b officers printed proposals . , august 13. 1652. to those they then stiled , the supream power of the nation ; i found the first of all to be , the abolishing of all tithes , as an unequal , troublesom and contentious way of maintenance , respect being had therein to others rights , but not to the ministers : who have the only ture , proper , legal right unto them ; and this to propagate the preaching of the gospel● i profess when i read it in the diurnal , i told some souldiers who brought it me to read in pendennys , 1. i could not possibly conceive , that the putting down of ministers tithes , should be a means to propagate the preaching of the gospel , but rather to suppress it , the very scripture resolving the contrary , neh. 13. 10 , 11 , 12. and 3 chron. 31. 3 , &c. and the heathen poet concluding , quis enim virtutem amplectitur ipsam , praemia s● tollas ? 2ly . that i wondred men professing conscience , justice and religion , should have more regard to impropriators and others rights to tithes , who had no original right at all unto them , but only by popes bulls and dispensations , and did no service for them , without any special regard to ministers rights , who had only a due and true divine and human right to them , and received them as due wages for their ministry : i doubted , the only cause was , because they or some of their friends were owners of lessees of some impropriations , which they were loath to part with for the peoples ease , or give in to the church , without a considerable recompence . 3ly . that the suggestion of the unequal , troublesom and contentious way of tithes , was a very strange and daring objection against the very wisedom and justice of god , who instituted and prescribed them to his own chosen people : against the wisdom , justice , prudence of our own , and all other christian kings , states , parliaments , churches , that have at first pitched upon , and so long continued , established by successive laws and edicts this way of maintenance as most equal ; rich and poor paying a tenth alike according to the greatness o● smallness of their estates , and the poor farmer and tenant paying them out of his landlords estate , as allowed in his rent or fine , not out of his own private purse alone , being more equal than any taxes or excises for the armies pay . as least troublesom to the ministers at least , who were only at the cost and trouble to carry in their tithes at harvest , when cut and severed from the crop to their hands , to prevent the trouble of plowing , sowing , weeding , mowing , reaping , gathering , which might divert them from their studies and ministry : and as little troublesom , or not over-troublesom at least , it is to the husbandman , who sows , cuts and makes it up together with his own , and then only severs it out , and is not now bound to carry it into his ministers barn , much less to thresh , cleanse and sever his corn , wine or oyl , and other tithes , and carry it to hierusalem , and the treasuries of the priests and levites at his own cost ; as the a israelites were obliged by god to do : which these officers ▪ ( had they lived amongst them , and payed a second tenth , as well as a first , and first-fruits besides ) would have petitioned god himself to abolish , as a troublesome way of maintenance , which they could not brook , though the godly israelites and jews repined not against it , but chearfully brought up their tithes to the priests treasuries as they were enjoyned . and as no waies contentious or litigious in it self , were people as just and conscionable to pay their tithes ; there being many parishes in england , ( and that wherein i live one ) wherein i never heard of any sute or quarrel betwixt the ministers and parishioners for tithes , there being farre more sutes and contentions for just rents , annuities and debts throughout the nation than for tithes ( at least ten for one in proportion ) before these late contentious lawless times , when many unconscionable , unrighteous wretches ( pretending religion , to cover their fraud , covetousness and oppression ) will pretend conscience for not paying their very rents , and debts , as well as tithes : and such who have so little grace or fear of god as to contend with their ministers for their just tithes , will be altogether litigious towards them , for any other annuity , or setled way of maintenance that can be devised in lieu of tithes , seeing nothing will content such perverse and contentious wretches , but a liberty to pay their ministers only what they please , and that in conclusion shall be just nothing , as their subsequent petitions and present practices now manifest to god , angels and men . and i doubt the change of this antient , known , long approved certain maintenance by tithes , to any other certain or uncertain way , will create more sutes and troubles among people , than ever our tithes did since their first institution . this was my subi●●n opinion of their proposition , when i first read it ; and shall serve for a publick answer to it now , if any insist upon it to prove tithes inconvenient and burdensom to the people , and therefore sit to be totally abolished . the main objection , i ever yet a read or heard against tithes , is this , that tithes are a great discouragement and hindrance to husbandmens industry and improvements ; since ministers must have not only the tenths of their lands , as they found them , but likewise of their crop , labour , industry and improvements , which is now ( writes canne and others more largely ) one of the sorest burthens and greatest oppressions and tyranny that lies upon them , and discourages many from improving the lands to the publick prejudice . i answer , 1. that this objection no waies concerns soldiers , weavers , tailors , tradesmen , townsmen and other mechanicks , who are the most and greatest sticklers and petitioners against tithes ; but only husbandmen and countrey gentlemen and farmers living upon tillage , very few of which ( not one of a thousand ) ever yet petitioned against tithes , as such a grievous oppression ( at leastwise as a farmer ) for the burdensomness of tithes , but only as an anabaptist , or other sectary , out of hatred and opposition to our ministers callings or persons . and till the generality or major part of the gentry , yeomanry and country farmers in each county petition and declare against their predial tithes as such an intollerable grievance , no officers , soldiers , citizens , anabaptistical mechanicks , and busie-bodies in other mens callings and grievances which concern them not , are no waies to be heard , countenanced or credited in this particular , by any powers whatsoever in point of justice or prudence . 2ly . the payment of tithes , never yet discouraged any person , either in the land of canaan , england , or other countreys , ( at least not any considerable number of men , or any that had either true wisdome , grace , honesty , or love to god and the ministrey ) from any sort of tillage or improvement whatsoever out of which tithes are paid , the gain by the good husbandry and improvement being abundantly recompenced in the nine parts , over and above the tithes . and therefore till the objectors can make good their allegation , by presidents of considerable number of wise , godly men and others , discouraged from tillage and improvements meerly by the payment of predial tithes out of them , in all former ages , or of late years , to the real prejudice of the publick , ( which they can never do ) this grand objection against tithes must be decried , both as fabulous and ridiculous , yea as scandalous : the late petition of the cornish gentlemen , farmers and yeomen ( where such improvements are most made to their great charge ) for the continuance of tithes , being a sufficient evidence to prove it such . 3ly . it is observable , that the petitioners against tithes upon this ground , are as eager a writers and petitioners against all antient customs , tonnage , poundage , and usual moderate impositions upon merchandize imported or exported , for the necessary defence of the sea and trading ( amounting to as much upon every pound of merchandize , as tithes do upon husbandmens tillage and improvements , the charges of the fraight , transportation and customs in forein pares considered , and to far more and that as a very great discouragement to merchandize and trading . which as all wise men know to be a mere fabulous untruth , contrary to the experience of all states , kingdoms , republicks in the world , and of holland it self , subsisting by merchandize , where they pay ●● high customs or higher , than b our antient legal merchants duties to the state amount to , which never made any merchants to give over trading ; ( so if , when , and where rightly imposed , managed , they are the greatest encouragements of trade and merchandize , by guarding the seas , and securing traders against enemies and pirates , the only encouragement to merchant-adventurers ; who must and will all give over trading , when they cannot safely put to sea without apparent losse of all they trade for , by enemies or pirates . and therefore this clamourous objection against tithes should have no more weight with wisemen to suppress them ; than their idle clamour against all old legal customs , rates and duties for the necessary defence of the sea and trade , to abrogate them altogether , to the ruine both of our traffique , navy , and merchants too that pay them . 4ly . this objection is directly made against the providence , wisdom , and policy of god himself , who prescribed tithes amongst his own people out of all their tillage and improvements ; and knew it would be no impediment to them , his b blessing promised to their payment of tithes , being a greater improvement to them in their crops , than all their extraordinary cost and pains amounted to : wherefore it can be no impediment or discouragement to any real saints good husbandry or improvement now ; who deserves to reap no benefit by his labour or improvements , if god himself shall have no share or portion out of them for the maintenance of his publick worship and ministers . 5ly . if there were any truth or strength in this objection , yet it extends not unto all tithes , but only to such as are paid out of extraordinary chargeable improvements ; as to make mere barren heath , ling and sands , out of which no former profit● naturally grew , manurable for corn or pasture , tillage and meadows , woods , out of which most predial tithes arise ; so there is a sufficient remedy against this pretended mischief already provided in the best and strictest statute made by the best of our protestant kings , for the true payment of tithes , at the beginning our reformation , when popery was banished in the parliament of 2 e. 6. c. 13. which provides , that all such harren heath , or waste grounds , which before that time have lyen barren , and paid no tithes by reason of the said barrenness , and now be , or hereafter shall be improved or converted into ar able ground or meadow , shall from henceforth after the term and end of seven years , next after such improvement fully ended and determined , pay tithe of the corn and hay growing on the same , and be discharged in the interim , as the words import , and our judges have expounded it . all which considered , this objection must be henceforth exploded and levelled to the ground . now because i find a clear design and endeavour in sundry anabaptists , officers , souldiers , if they cannot prevail to put down tithes upon other pretexts , yet to rob the ministers of them at present , if not in perpetuity , upon this pretence , to sequester and convert them to the use of the army , for the pretended ease of the people in their future taxes . i shal for the cloze of this proposition , and prevention of this detestable impious sacrilegious plot against our ministers and religion too , propound and answer all such specious arguments , pretences , as may be produced by them to delude the people , veil over the execrable impiety , and take off the odium of this prodigious villany . first , they may and will suggest , that they have some antient punctual presidents to warrant , countenance , justifie this their project . as namely , the practical example of charles martel king of france , who ( about the year of our lord , 730. as the marginal a authors report ) having perpetual wars , and seldom or never peace in his kingdom , ideo res ecclesiarum suis militibus in stipendium contulit maxima ex parte ; did thereupon bestow the lands , revenues , rents , and tithes too ( as the act of restitution with others prove ) of parish-churches , monasteries , bishops , deans and chapters upon his souldiers for their pay and arrears for the greatest part : ; and surely upon a very godly and just reason ( as john canne , and some army-officers will swear ) thus expressed in his decree recorded in b goldastus and mr. c selden : ut subveniatur necessitatibus publicis , et salariis militum , pro dei ecclesiae & bono statu reipublicae , & uniuscujusque propria pace pugnantium : that he might relieve the publick necessities , and pay and reward the souldiers fighting for the church of god , and the good of the state of the common-wealth , and the proper peace of every one : as our officers and souldiers now say they do . and is it not then most just they should have all the lands , glebes , and tithes of the church , king , common-wealth , and of every particular person too , who have fought all this while for them and their defence ? to this they may chance to adde , the president of the a templers and hospitalers , who being no part of the clergy , but religious souldiers , imployed only to fight in the defence of the church , were by special bulls and grants of several popes exempted from paying any tithes at all to any ministers out of the lands belonging to their several orders , because they fought for the church against her enemies , as turks , saracens , and other infidels . therefore there is great reason , equity all our officers and souldiers who have lately fought , or are now or hereafter fighting for the church against her enemies and malignants , should be totally and finally discharged from paying any tithes at all out of their old or new purchased lands , leases , cattel , estates , spoyls , pay or other increase . besides , most of our army officers , and very many of the souldiers , are extraordinarily gifted , inspired from heaven , and constant speakers or preachers b transcending all black-coated ministers , yea the undoubted new ministers and priests of jesus christ , as many deem them ; so as they may be truly stiled c a chosen generation , a roy●● priesthood , yea army of priests , being d made kings and priests by christ himself to god the father : as john canne hath published in his voyce , p. 24 , 27 , 28 , 29. therefore they may not only enter into our ministers churches , pulpits , and dispossess them of them ( as he there asserts and presseth them to put in execution ; ) but be capable in right , equity , justice , to receive all their tithes to their own use : nay one step more , john canne in his voyce , p. 27. thus peremptorily concludes , i will affirm , and abide by it ; since it hath pleased the lord to draw out the hearts of some souldiers and others , ( who were never brought up at universities to learning ) publickly to preach , ( which is not above 10 , or 12. years ) the people of this common-wealth have had more true light and glorious discoveries of christ and his kingdom , than all the nations ministers ever before made known to them , since first they took their calling from the sea of rome , till this day . on the contrary , the greatest heresies and blasphemies which have been in the world have been broached by ministers ( and scholars ) whereas lay-men at the same time have been sound in the faith , and zealously earnest against such abominable doctrines . therefore there is just ground that both our vniversities , and all colleges for advancement of learning , should be suppressed as the very poyson , bane , subversion of religion , church and common-wealths , ( as some souldiers and the anabaptists generally deem them and their lands ( as well as bishops , deans , chapters , and ministers glebes and tithes ) sold or conferred on the officers and souldiers , of the army for their better encouragement , reward and supportation , to propagate defend religion and the common wealth : a design now eagerly prosecuted by some . to which let them receive this answer before hand , since i intend not any future treatise of this nature , 1. that i never read of any pious generals , armies , officers , or souldiers in scripture ( the a rule of faith and manners ) that spoyled the church or ministers of their lands and tithes to maintain their wars , or enrich , reward themselves ; but we find it expresly recorded of b abraham , the father of all the faithfull , that he paid tithes even of the spoyls of the first wars , to the first p●●●st we find in scripture , unto christ himself , both in the old and new testament , for other christian souldiers imitation . the like we read of c david , and all his officers , captains of the army , with sundry others fore-cited ; whose presidents are more obliging and commendable than charles martels . 2ly . that it was the custom , use and pious practice of many pagan warlike nations , as the romans , graecians , cartbaginians , tyrians , saxons to do the like , who consecrated the tenths of all their spoyls to their idol-gods and priests , as we may read at large in mr. seldens history of tithes and review , c. 3. and in mr richard mountague his diatribe thereon , ch . 3. therefore they are worse than pagans who neglect not only to pay their ministers the tenth of their spoyls , but will even spoyl them of their glebes and tithes besides . 3ly . it is very observable ( and let our souldiers and officers consider it i● good earnest ) that god himself specially consecrated and devoted the future spoyls , a sacrifice for and to himself , and all the spoyls , city of jericho ( the very first city taken by the israelites in the land of canaan ) as a sacred first-fruits and kind of tenth for the use of his sanctuary and priests , in these memorable words , josh . 6. 17 , 18 , 19. and the city shall be devoted , even it and all that is therein ( except rabab and her family and house ) to the lord , and you in any wise keep your selves from the devoted thing , lest you make your selves accursed , when ye take of the devoted thing , and make the camp of israel a curse and trouble it . but all the silver and gold and uessels of brass and iron are consecrated unto the lord , they shall come into the treasury of the house of the lord. whereupon when the city was taken , they burnt it and all that was in it ( as a sacrifice to the lord ) but the silver and gold and the uessels of brass and of iron , they put into the treasury of the house of the lord , v. 24. but acban ( a covetous plundring souldier ) seeing among the rich spoyls of the city a goodly babylonish garment , and two hundred sh●kels of silver , and a wedge of gold , coveted , took and hid them in the midst of his tent ▪ which so much kindled the anger of god against the children of israel for this his trespass in these devoted things ; that they were presently smitten before their enemies of ai , and fled before them . whereupon joshua their general and chief governour humbling himself before god , and requiring the cause of this ill success ; god returned him this answer , israel hath sinned , and they also have transgressed my covenant which i commanded them ; for they have taken of the devoted thing , and have also stollen and dissembled also , and they have also put it among their own stuff . therefore the children of israel could not stand before their enemies , but turned their backs before enemies , because they were accursed , neither will i go with you any more . o israel thou canst not stand before thine enemies , untill thou hast taken away the accursed devoted thing from among you . whereupon this sacrilegious robbery of achan being discovered by lot and his own confession ; and hid stoln plunder devoted to god taken forth of his tent , and powred out before the lord in the presence of joshua , and all the children of israel : joshua passed this judgement against him for his sacrilege , why hast thou troubled israel ? the lord shall trouble thee this day : and all israel stoned him with stones , and they burned them with fire ( as a devoted sacrifice to god ) after they had stoned him with stones . and they raised over him a great heap of stones unto this day . so the lord turned from the fiercenesse of his anger . wherefore the place is called the valley of achor ( that is trouble ) to this day . and when hiel , many hundred years after in idolatrous ahabs daies , would needs seize upon the devoted spoyl of jericho , and build it again for his own habitation ; he laid the foundation thereof in his first-born abiram , and set up the gates thereof in his youngest son segub , ( that is , god destroyed , and cut off all his posterity before the gates were set up , and the building finished ) according to the word of the lord , which he spake by joshua the son of nun ; as we read at large , josh . 7. throughout , 1 kings 16. 34. and josh . 6. 16. i read of a a●axerxes , that ( in imitation of cambyses before him ) he caused some judges ( betraying their trusts , like b tresylian of old , and too many of late ) to be excoriated alive , and their skins to be hanged up round about the tribunals , that the other judges sitting upon them might have an example hanging before their eyes , what punishment the pravity of iudges did demerit . i desire all souldiers , officers , and sacrilegious anabaptists , would hang up these skins and examples of achan and hiel before their eyes , recorded in sacred writ : and then make this use and application to themselves of them . if achan for stealing away only a babylonish garment and a few shekles of silver and gold of the very spoyls of iericho devoted to the service or treasury of the house of the lord , brought so much wrath , misery upon the whole nation , and camps of israel , and such a fatal death and exemplary punishment upon himself ; and hiel only for building upon the ruines of the soyl of this devoted city drew down sudden death and destruction upon all his sons and posterity ; o what strange exemplary wrath , vengeance , and judgements shall we then draw upon the whole nation , army , our souls , bodies and posterities to their utter extirpation , if instead of rendring unto god and his ministers the tenth of our warlike spoyls belonging of right unto them ; we shall sacrilegiously rob them not only of these tenthes , and all other issuing out of our lands and estates , but even of all their other glebes , rectories , tithes , revenues ; demolish the very churches , houses , dedicated to gods worship , o● turn them into houses for us and our posterities to inhabit : and obstinately , yea atheistically refuse to take warning by their , and other sacrilegious persons tragical examples ? 4ly . let those who will imitate charles martels president , remember 1. his punishment : a historians record , that for this his sacrilege , ●e was smitten with a long and terrible convulsion of all his members whereof he died in great anguish : that eucherius bishop . of orleans in a vision saw him damned for it ; and that upon search made in his tomb ( by an angels admonition ) it was also confirmed for truth , no relique of his corps being found therein , but only a dreadfull serpent . * apud frances carolus martellus insignis vir fortitudinis , exactis vitae suae diebus in ecclesia beati dionysii legitur esse sepultus , sed quia patrimonia cum decimis omnium fere ecclesiarum galliae , pro stipendio commilitonum suorum mutilaverat , miserabiliter à malignis spiritibus de sepulchro corporaliter avulsus , usque in hodiernum diem nusquam comparui● ; as matthew westminster stories of him . 2ly . the censure passed against him for this sacrilegious robbery , by the marginal authors and others : especially by agobardus bishop of lions , an. 828. in his book * de dispensatione , & rei ecclesiasticae contra sacrilegos , worthy the reading , who thus complains , p. 269. nunc non solum possessiones ecclesiasticae , sed ipsae etiam ecclesiae cum possessionibus venundantur , &c. which he condemns as detestable sacrilege execrable to god and men : by petrus damianus , anno 1060. l. 1. epist . 11. where he gives this censure of his practice , and others : inter omnia vero hic mala , illud excedit , et diabolicam fere modum videtur aequare nequitiam . quia praediis in militem profligatis , &c. moreover among all wicked acts , this exceedeth , and seems almost to equal the very wickednesse of the devil , that all the farms and possessions of the church being prodigally spent upon souldiers , insuper etiam et decimae & plebes adduntu● in beneficium secularibus : moreover tithes and people are likewise added and conferred on ( these ) secular men for a reward : which in hi● lib. 4. epist . 12. & lib. 5. epist . 9. he stiles a great sin , sacrilege , and prophanation of holy things ; concluding , what is it to turn tithes to the use of souldiers and secular men , nisi mortiferum iis virus , quo pereant , exhibere ? but to give them deadly poyson whereby they may perish ? petrus blesensis arch-deacon of bath : epist . 82. & joannis de belith de divinorum officiorum explicatione , c. 5. write much to the same effect ; making it a greater robbery and sacrilege to take away ministers tithes , though it be by the popes own bulls , than violently to take away and plunder mens horses as they are riding or car●ing in the high way , and convert them to their proper use ; as souldiers use to do . 3ly . let them remember , that charles martels immediate successors so much detested both his practice and sacrilege , that by a publick edicts they decreed in these terms , that the tithes and ecclesiastical lands and goods seised upon by prophane persons , ( so they stiled the souldiers possessing them ) should be all restored : and so they were accordingly , and those harpyes robbed of their sacrilegious prey . let the late purchasers of such tithes and lands remember it , and think of a possible , if not probable act of resumption , in case they make no voluntary restitution . 4ly . let them consider the large revenues the popish clergy at this day enjoy in france , amounting to above 12. millions of annual rents , at a moderate value , besides mony and oblations ; as bodine , thuanus , hist . l. 28. ioannes de lae●y descriptio galliae , c. 17 , 18. record . to which ● might adde the extraordinary great revenues of the popish clergy in spain , recorded by lucius marinaeus , siculus , ioannes de laet , in his hispaniae descriptio , cap. 20. & jo. boterus in his hist . universalis , and of the popish clergy in the kingdom of naples in italy , registred by thomas segethus , de principibus italiae , p. 121. which they still enjoy , notwithstanding their manifold wars , without sale or diminution for their soldiers pay . and will it not be an intollerable impiety , sacrilege , dishonor for protestant souldiers , and our new republick , not to allow our ministers so much as their inconsiderable remaining rectories , glebes , tithes , to support our religion , and instruct and save the peoples souls ? 5ly . the reason rendred by martel and others , that the officers and souldiers deserve the lands and tithes of the church and ministers , because they fight for the defence of the church , is very strange , and just the self-seeking plea and practice of sundry of our officers and souldiers at this day , scarce to be parallel'd in any age , 1. they were raised for the a defence and preservation of the late kings person , posterity , and just rights of his crown : ergo in discharge of this trust they have most justly sentenced , beheaded the king ; outed , dis-inherited his posterity ; and seized upon all the crown-lands and revenues in his three kingdoms for their own use , pay , support , reward and inheritance . 2ly . they were raised and fought for the preserva●irn and defence of the kingdom , parliament , and members privileges , and laws and liberties of england : therefore they have justly by armed violence invaded , subverted them all , disposed of all the common wealth and revenue of the nation to themselves and their instruments to support themselves and their usurped arbitrary power and government over us ; and may null and pull down not only our old , but their own new ▪ created parliaments , and state-councils ( as they stile them ) and change both government & governors at their pleasure . 3ly . they fought for the particular defence , peace , safety of every mans person and estate in our three kingdoms : therefore they may seize upon and dispose of all their persons , lands , estates at their pleasures , and impose what taxes , excises , imposts they list , and exercise a legislative absolute arbitrary and tyrannical power over them , without a lawfull parliament , to eat them quite out of all . lastly , they fought for our church , ministers , religion : ergo they may subvert them all , and seise upon all church-lands , revenues , rectories , glebes , tithes , yea churches and church-yards too , for to reward , support and pay the army ; and possess themselves of what ever our ancestors setled on the church and ministers to instruct and save the peoples souls , as a just salary for killing their christian brethrens bodies , and destroying the peoples souls and bodies too . certainly the worst enemies they fought against , would not , could not have done worse than this , nor yet so bad . this certainly is a devastation , destruction , not a defence or preservation , of what they were raysed and payed to protect , an invasion and depredation , not a patronage and protection : a remedy more destructive than the worst disease , war , enemy , who could but have stript us of no more had they conquered us , than these our new armed defenders of the faith , church , king , parliament , laws and liberties have done or intend to do , as many fear . it was john baptists evangelical precept to all souldiers whatsoever , a do violence to none , ( in person , lands , or estate ; much lesse to ministers privileged by the law of war from violence : ) and to be content with their wages : without seising , sequestring , invading the lands , estates , glebes , tithes , persons of ministers , king and members or any others they fought for , who never raised , nor waged souldiers to deprive them of their patrimonies , estates , callings , rights , laws , liberties , privileges of parliament , government , governours , but only to secure them in the sull possession of them all . this new martial law and practice then , is both irrational and unevangelical , fitter for professed theeves , turks , and pyrates , than christian souldiers ; and far different from the foresaid christian souldiers practice in former ages ; who as they would by no means be engaged by their a pagan emperors or generals commands to fight against any of their christian brethren , choosing rather to obey god their supream emperour than men : so the famous b thebean legion of christian souldiers and their officers under julian the apostate , when he commanded them to bring forth their arms against the christians , returned him this most heroick answer , worthy to be written in golden letters , briefly , fully and elegantly expressing the duty of every true christian souldier in all ages and cases ; offerimus nostras in quemlibet hostem manus , quas sanguine innocentium cruentare nefas ducimus . dexterae ipsae pugnare adversus impios & inimicos sciunt , laniare , pios et cives nesciunt . meminerimus nos ( and o that our army-officers and souldiers would remember it likewise ) pro civibus potius quam adversus cives arma sumpsisse . pugnabimus semper pro justitia , pro pietate pro innocentium salute ( not for kings , bishops , deans , chapters , ministers lands , revenues , tithes , estates , the things now fought for : ) haec fuerunt hactenus pretia periculorum . pugnavimus pro fide , quam quo pacto conservemus tibi ( imperatori ) si hanc deo nostro non exhibemus ? o that this resolution were now engraven in every army-officers and souldiers heart ! our ministers then needed not to fear the losse of their tithes , rectories , churches , nor our universities , colleges , corporations , or any other the disinheris●on of their lands , laws , liberties , powers , by military rapines , violences , and usurpations . 6ly . the exemptions of the hospitalers and templers lands from paying of tithes , was a a meer papal innovation and devise , which canne , who pleads so much against tithes upon this mistake that they are popish , and all his confederates should be ashamed to own and imitate : the israelites gods own people during their possession of canaan , had many forein and civil wars in most of their judges , b kings and high priests successive reigns , and roman governours over them : yet we never read , that any of their generals , officers or souldiers , fighting for their churches , priests and religions defence against forein or domestique idolatrous enemies , pretended the least exemption of their lands or estates from paying all their antient forementioned accustomed tithes to the levites , priests and poor : no● any christian souldiers else but the popish templers and hospitalers for the lands conferred on their orders , not for their private inhabitances . and if souldiers be obliged to pay tithes of all their spoyls and gains of war ( as i have abundantly proved ) much more then of their real and personal estates , as well as any others not in armes : especially where they are well paid and war not on their own expences , but other mens purses : amongst the jewes we never read of any taxes , tributes or contributions imposed on the cities , houses , lands or tithes of the people and levites for the maintenance of wars , or pay of souldiers , from which even artaxerxes ( a heathen conqueror ) exempted them by an express decree , ezra 7. 24. yet they received tithes of all their kings , generals , captains , souldiers , as well as peoples lands and increase both in times of war and peace . but our army-officers and souldiers now receive above the tithes of all our ministers tithes , glebes in monthly taxes and contributions by arbitrary , illegal impositions without their or consents in parliament , contrary to their c ●ntient privileges , all former presidents and our laws . therefore there is all equity and justice they should receive the tenths both of their lands , goods and gains of war too , and that no officers or souldiers should be exempted from tithes as the templers and hospitalers were , who had no other pay or salaries but their lands , and received no constant contributions from the clergy . d xenophon , that famous learned greek heathen commander , having made the most noble retreat we ever read of in story , out of the upper part of asia with ten thousand men through mountains , frost and snow , in memorie of his thankfullness to the gods for this safe return , separated the tenth of all the spoyls that his army had gained in the wars , and by general consent , commited them to the captains to be dedicated to apollo and diana ; that for apollo , was layd up at delphos in the athenean treasury ; but with that other tenth dianas share , xenophon himself purchased a peece of land , and built thereon a temple and an altar to diana , and appointed the tenth of the yearly increase for ever unto it . this pagan commander and his captains and souldiers were so far from exempting their lands from tithes to their idol-deities , that they tithed the very spoyls of their wars to them , and built and endowed a temple to diana with lands , and tithes out of their own ●ands and estates for ever . which shall for ever silence and shame those christian army-officers , souldiers , templers and hospitalers , who would exempt not only their spoyls , but their lands and estates from all tithes to god and his ministers because they are souldiers , and pretend to fight for their defence . 7ly . this reason , that they should enjoy not only their own but our ministers tithes , because they are an army of preachers and priests , and more officers , souldiers in the present army preachers or speakers ( as they phrase them ) than ever in any army in the world before , hath frequently minded me of that saying of e pope gregory the first ( which famous f bishop jewel much insisted on ) concerning antichrist . the king of pride ( antichrist ) is at hand , and which is an horrible thing to be spoken , sacerdotum est praeparatus exercitus , an army of priests is prepared to gard and usher him in . certainly i never heard nor read of such an army of priests ( as our army now is , before ; wherein there are not only some hundreds of disguised popish antichristian priests and jesuites ( as most wisemen conceive ) under the disguise of souldiers ) preaching , venting , many notorious errors , blasphemies and antichristian tenents , to infect the army and nation too , but many preaching colonels , captains , officers , souldiers of all sorts , not a preaching general ( as some say ) too ; and among others , one of these army-preachers not long since published a book with this title : antichrist with us ; by john spittle-house , a member of the army : printed at london , 1648. which intimated to me at first sight , that antichrist was in the army : and truly if they proceed ( as canne would have them ) to usurp our ministers office , rectories , glebes , tithes , churches to themselves , and suppresse our ministers , churches , parishes , as antichristian ; i shall then justly suspect , and others will confidently conclude , they are the very army of priests prophecied of by pope gregory , who shall forcibly usher and bring in antichrist the king of pride ( who a exalteth himself above all that is called god or worshipped , that is , above kings , lords , parliaments , and all civil and ecclesiastical powers whatsoever , as b expositors resolve ) into our church , and re-establish him in his throne . 8ly . i never read in the old testament or new , that christ authorized , commissioned or sent out any captains , or souldiers to preach the gospel , or made choyce of such to be his apostles and ministers of the gospel : surely had this been a part of their duty as christian officers and souldiers , john baptist christs forerunner would have instructed those c souldiers who came purposely to and demanded of him : what shall we do ? in another manner than he did ; and said unto them ; go and preach the gospel , and instruct the ignorant souldiers and people publickly where ever you quarter : in the first place ; and then , do violence to no man , and accuse no man falsly , and be content with your wages : the only precepts he gave them ; which our army-officers and souldiers since they turned preachers have much forgotten and neglected : i read of 2. devout centurions in the new testament eminent for their faith , piety , charity , and of one devout souldier ; yet neither of them a publick preacher : the first of these colonels or centurions d built a synagogue for the jews and others to meet and preach in who were priests and ministers ; but i read not he ever preached in it publickly himself . the latter ( centurion ) is thus characterized , acts 10. 1 , 2. that he was a devout man , and one that feared god with all his house , which gave much alms to the people , and prayed to god continually : but doubtlesse he never preached , for then it would have been there recorded , that he preached continually as well a● prayed : yea , he was so far from this , that when the angel of god came to him in a vision ; he sayd , thy pr●yers and thine alms ( not thy preaching , therefore he preached not at all , or if he did god accepted it not , but disliked it as against his word and will ) are come into remembrance before god : and now send men to joppa and call for simon peter , he shall tell thee what thou oughtest to do . whereupon he presently sent two of his servants , and a devout souldier continually waiting on him ( but not on preaching ) for the apostle peter to preach to him , his friends and family ; who repairing to him , cornelius goeth forth to meet him , falls down at his feet , worshippeth him , talks with him , brings him into his house , where many were come together ; relates his vision to peter ( mentioning again his prayers and alms , but not his preaching ) concluding thus : now therefore are we all here present before god to hear ( not preach ) all thing● that are commanded thee of god ; whereas some centurions , colonels , captains and souldiers of this age , if peter himself should come to their assemblies or quarters , would be readier to teach and preach to him , than to hear him , and apter to be his teachers than auditors , as these only were : after which peter preached to him and his company ; i find another sort of captains and souldiers in the new testament b " who went out and apprehended our saviour jesus christ , mocked him , derided , crowned his head with thorns , stripped him of his rayment , put him on a purple robe , bowed their knees before him in scorn , saying , hayl king of the iews , blindfolded , and then strook him with their hands , and bade him prophecy who smote him : guarded him to his tryal , carried and nayled him to his crosse , crucisied him between two theeves , pierced his side with a spear , gave him gall and vinegar to drink , parted his garments amongst them , cast lots upon his vesture , and would have broke his legs but that he was dead . after which they watched and guarded his sepulchre ; took large mony of the priests to smother the truth of christs resurrection by reporting a lye , that his disciples came and stole him away whiles they were asleep ; who took the mony and did as they were taught ; " and are branded for ever with this epiphomena , these things therefore the souldiers did . after which some of this rank of officers and souldiers by a herods command killed james the brother of john with the sword , apprehended , imprisoned , chained , and most strictly garded the apostle peter , in order to put him to death the next day ; but that the angel of god miraculously delivered him . others of them b apprehended , bound , and would have scourged paul ; garded and carried him from prison to prison ; and when he was sent prisoner to rome ; when the ship was wracked , and their lives saved only for pauls sake , they gave the centurion counsel to kill paul , and all the other prisoners , lest they should escape from them by that wrack . these souldiers no doubt were truly antichristian ; and if the c tree may be judged and known by its fruits , and souldiers by their actions and intentions , i doubt there are far more of this later sort than of the first in this age , and if john cannes voyce from the temple be imbraced for gospel in every point by the whole army , no doubt they will then be all of this later rank , not the ministers and d soldiers of jesus christ , but of antichrist alone ; and the e crucisiers of christ again in his faithfull ministers and members ; which i desire them all sadly to consider . 9ly . admit them to be made kings and priests to god the father by christ , in a spiritual sence , as a all the elect saints of god are ; will it thereupon follow , that they may all lawfully preach in publick , administer sacraments , and exercise the proper function of priests and ministers ? if so , then by the self-same reason , they may all lawfully exercise the office and power of kings , as well as of priests ( as some of them do in the highest degree beyond all presidents of any our kings before them ) and so under pretext of suppressing our monarchy , and one sole king as dangerous and pernicious ; we shall have now no less than an whole army of kings to rule and reign over us , and to engross not only all the old kings lands and revenues , but the greatest part of the peoples far surmounting of a million or two each year in contributions and excise to support their new royal state and dignity ; as well as an army of priests , who have and would swallow up our whole churches revenues , glebes , tithes , patrimony , and our ministry too , for to support their new evangelical priesthood ; that so they may resemble both christ and melchisedec in their kingly and priestly offices united in one person ; though not in the title of their kingdom as the apostle interprets it , hebr. 7. 2. being by interpretation king of righteousnesse , and after that also , king of salem , which is king of peace ; which souldiers who make a gainfull trade of war and rapine delight not in . 10ly . i do affirm , and will abide by it , that since the time some disguised popish priests , jesuits , sectaries , hereticks , anabaptists and other seducers ( rather than the lord ) drew ou● the heart of some souldiers and other mechanicks ( in truth or disguise ) publickly to preach , the people of this common-wealth , have had more abominable , false , damnable , atheistical , antichristian heresies , errors , blasphemies , new opinions , and old exploded heterodox heresies and tenents of all sorts whatsoever against the very essence , nature , attributes of god himself , the three sacred persons in the trinity , the old and new testament , law , gospel , all the fundamental articles of faith and salvation , the sacraments , ministers , ordinances of god ; and practical publick , private duties of piety and christianity , under the names and specious titles of new lights , and glorious discoveries of christs kingdom , broached by souldiers and lay-preachers , than in all the times since the gospel was first preached in this island , and more than ever any one age , church , nation , or all our ministers put together since the creation till now were guilty of , and these publickly averred both in presse and pulpit , and the authors of them exempted from any corporal or pecuniary punishments , by the civil magistrates , by the avowed a printed positions and proposals of the general council of army-officers and souldiers in sundry papers . for full and infallible proof whereof , i shall remit the reader to mr. edwards gangrenaes , the catalogues of the heresies , blasphemies , errors , collected by the london and devonshire ministers , the stationers beaconfired , and new law , p. 78 , 97. which stiles heaven , hell , the resurrection of the flesh , a dream of our preachers ; the history of the scripture an idol , &c. and all this by the malice of satan , the underhand practices of jesuites and our popish adversaries to defame , ruine our church , ministers , religion , seduce thee to popery , atheism , and reduce us back to the antichristian tyranny of the sea of rome , as i have largely manifested in the fifth chapter . whereas canne cannot charge our parochial ministers and presbyterians with any such blasphemies , heresies , errors , as those he pleads for are guilty of in the highest degree , nor with those jesuitical , treacherous , perfidious , sacrilegious , unclean , beastly ranting , unrighteous , prophane , atheistical innovations , practices , rapines , usurpations , as they have plunged themselves into over head and ears without any conscience or dread of god or man. 11ly . what , that more true light and glorious discoveries of christ and his kingdom made known to the people of this common-wealth within these 10 , or 12. years by the publick preaching of some souldiers and laymen , exceeding all the nations ministers ever made known unto them before , are , is concealed by canne , and unknown to me or others , unless it be the flat atheistical denyal of god , of christ and all his offices , of the holy ghost , scriptures , sacraments , all publick ordinances in the church , of all kings , princes , parliaments , lawfull magistrates , laws , oaths , vows , covenants , protestations , engagements , by many of them in their words , writings , and most of them in a their works , with their jesuitical positions , plots , practices , recited in the fifth chapter . and if these be not true b infernal darknesse , and clear inglorious discoveries of c antichrist and his kingdom in the highest degree , that ever yet appeared amongst the people of this common-wealth , let the fifth chapter , with the positions and practices themselves , compared with the old and new testament , determine . 12ly . the decrying of our vniversities , colleges , schools of human learning , innes of court , and some mens endeavouring to seise upon their lands and revenues for the armies use , is no doubt a jesuitical papal plot , to extinguish the light of our knowledge both divine and humane , by puting out the eyes of our nation , that so jesuitical popish darkness might over-spread our church and state ; and so the a blind leading the blind in both , they must fall into the pit of destruction in a moment . it is storied of b julian ( that blasphemous apostate , and professed enemie of christ and christian religion ) that he suppressed all the schools of christians , prohibiting by general laws and decrees , that any should profess , practice or study any arts or sciences in any schools , that so they might become and remain ideots ▪ without learning , and so be insufficient and unable to preach the christian faith , oppose or refute any pagan or ▪ other errors , blasphemies against the true god and his worship , devising by all means possible ( whereof this was one of the principal ) to make war against jesus christ , and extirpate christianity , without shedding any christian blood ; finding by experience , that the christian faith and christians were greatly increased by the torments and blood of the martyrs : so that bloody apostate from and persecutor of the christian faith c lucius the emperour , as he ruined the churches , temples he commanded to be built for christ , cast out of his house , service and all offices and place of command whatsoever he that was a christian , commanded all those christians to be slain who would not adore his idols , prohibited all assemblies of christians either for worship or consultation ; so he was such an enemy to learning , that he named the same ( as some do now ) a poyson and common pestilence and the overthrow of common-wealths ; and especially the knowledge of the laws : and thought no vice worse became a prince than learning , because he himself was unlearned ; and thereupon prohibited schools and meetings for instruction : whereas on the contrary d constantine the great , and all other godly prudent christian emperors , kings and princes , founded schools of learning and universities in all places , encouraged and advanced learned men of all arts and professions , especially divines , lawyers , and philosophers ; well knowing that learning was the principle means to promote religion , and the glory , honour , wealth and greatness of any nation , more necessary than any arms or souldiers , and the chief means to preserve them from idolatry , superstition , confusion , ruine . we may therfore clearly discern whence the present outcries against our vniversities , inns of court , schools of learning , and all human learning proceed , even from desperate apostates from true religion and gods church , and those who would erect a new babel of confusion amongst us in church , state , and thereby build up the demolished walls of the romish jericho within all our dominions : for proof whereof , i shall transcribe this notable passage of our famous learned bishop jewel in his sermon on joshua 6. in his works in folio , p. 167 , 168. which is very pithy , learned and satisfactory , omitting all others . now to stay the restoring of jericho , many good waies may be devised . the 1. maintenance of schools and learning . that learning and knowledge is able to hinder the building of jericho is so plain that it needeth no speech . in the time of moses law , aaron the great bishop and high priest had written in a tablet before his breast , doctrin and truth ; not only learning , but also truth ; whereby was meant , that neither ought to be without the other for , as learning is dangerous and hurtfull ( in some cases ) without religion : so is religion unable to defend it self , & to convince the gain-sayers without learning . for this cause the heathen when they erected temples in honour of their gods , they did also build libraries , that is , places to keep books , that by such means their priests might grow in knowledge , and be better able to perswade others to their religion . strabo of the sinprincians , that they built a temple in honour of homer , and joyned thereto a library . augustus the emperor built a temple , and also a library in the honour of apollo . trajanus in like manner built a library , and called it vlpia , after his own name . at rome in the capitol , where all the gods had a solemn place for to be worshipped in , there was also placed a library . athens was a famous universitie , and had many colleges and schools of learning , academia , stoa , lycaeum , canopus , prytanneum , tempe , cynosura : in which places were divers sects of philosophers . such were in persia , the wisemen , whom they called magi : in babylon the chaldees , in india brachmanes , in aethiopia gymnosophistae : in france and england druides : and others in other countries ▪ in all times the kings and princes which did set forth religion , were also builders of schools and colleges , and advancers of learning . the people of israel were never in better state , ( as p. phagius a learned man noteth out of their story ) than when they had in every town and village bathe chenesioth , and bathe medraschoth , that is , synogogues wherein they assembled together , and places to preach in . the same phagius , relateth of hierusalem , that there were in it more than four hundred common schools and synagogues wherein the law of god was taught . the patriarch jacob was called a minister of the house of learning , because he applyed himself to the knowledge of the law of god , and to godliness . the prophets of god had their schools to breed up under them such as might after their death draw the people from idolatry , and resist the false prophets . they which were so taught by them were called the sons of the prophets . samuel taught in such sort at rama : elias and elizeus the prophets , taught the law of god besides jericho . st. john the evangelist taught at ephesus , and eusebius reporteth out of philo , that st. mark had at alexandria sundry scholars which gave themselves to reading , and reasoning and expounding of the scriptures . others did the like at antioch , and at other places . out of such schools it pleased god to take many excellent men , and place them in his church , as origen , tertullian , cyprian , lactantius , arnobius , basilius , nazianzenus , chrysostomus , hieronimus , ambrosius , augustinus , &c. who were brought up in all kind of learning , and became shining stars , and brought lights in the house of god , notable defenders of religion , over-throwers of idols , and confounders of hereticks . christian princes herein have witnessed their zeal in setting forth the glory of god. after charles the great had made his notable conquests ( let our conquerors remember it ) he erected five famous universities , one at paris , another at tolouse , another at papia , another at padua , and another at prague : ( to which our king a alfred founder of out famous universitie of oxford with the founders of all the colleges therein , and of the universities of cambridge , dublin , and those in scotland , to omit those universities in germany , spain , portugall , poland , denmarke , sweden , hungary , and other parts of italy and france , mentioned by heylen and others , might be added : ) b " suidas reporteth of leo the emperour , that when le● on a time commanded eulogius a philosopher should have his princely reward ; a noble man of the court , sayd : ( as some do now of our universities and colleges lands and revenues ) that that money would be better imployed for the maintenance of souldiers . nay , ( saith he , and so all wise men now ) i would rather it might be brought to pass in my time , that the wages which are now bestowed upon souldiers might be given to maintain philosophers . c alexander severus , so highly esteemed that notable famous lawyer , vlpian , that when certain of his soldiers ●an feircely upon vlpian to slay him , the emperor stept forth , and set himself between the body of vlpian , and the fury of his souldiers , and covered him with his own robes , that the souldiers might know how carefull he was for the good estate of vlpian : " ( let our souldiers who hate and study to suppress philosophers , scholars , lawyers , consider these two last stories : ) and also for the contrary ; such as have practised cruelty upon learned men , and have hated knowledge were worthily discommended in the stories of all ages ; he instanceth in the wicked apostates , julian and licinius , forecited examples . the like is reported of caligula , caracalla and domitianus , that either they utterly hated all manner of learning , or had some special malice against the writings of some one notable man , and therefore sought to destroy them . such was the policy of satan , so thought he to get the upper hand , and to restore again his wicked iericho . and were these the practices of heathen princes only ? may not we remember the like attempts wrought in our dayes ? who will call ●o mind the time that is not far past , shall find that this ignorant iericho had many friends : ( and hath it not now as many and the same ? ) who by all means drew men from knowledge ; they gave liberty rather to do any thing , than to seek understanding ; and yet suffered rather the use and reading of fabulous and unclean writers than of the holy scripture , and books which carried fruitfull instruction . good letters to increase knowledge are not to be neglected . such as presume of gods spirit over-boldly , that without endeavour to use the wholsome means which god hath left unto his church , they shall and doe by special inspiration , understand his will , do tempt god. he adds much more . in brief , learning , knowledge in arts , tongues , histories of all sorts , and in the laws , governments of former ages , are so absolutely necessary for the right understanding and interpretation of the scriptures , and good government of all common-wealths and kingdoms , that without them there neither will nor can be any true religion , sound knowledge of god , his word , or works , nor orderly government , humanity , civility , navigation , or commerce almost in the world ; and men deprived of it will be little different from beasts , as appears by the brutish sottishnesse , barbarousnesse , savagenesse , ignorance of the illiterate indians in america , and of some other african and northern nations , voyd both of religion , government and humanity it self , because destitute of learning , as purchas his pilgrimage , mr. hackluits voyages , peter martyrs indian history , mercator , and others record . hereupon our antient ancestors were so carefull of learning , religion , ministers , scholars , lands , estates , tithes , that they placed them in the very front of all those antient laws , liberties , customs which they claimed , enjoyed , and presented to william the ( pretended ) conqueror upon oath in the 4th . year of his reign , who ratified them in parliament , without the least alteration or diminution , to his eternal honour , and the great contentment of the whole nation , whose affections else he would have lost , to the endangering of his new acquired royalty , as i have proved in the b 2d . chapter . which our new pretended conquerors , may do well to consider . and so i proceed to my concluding assertion . chap. v. i am now arived at the fifth and last proposition , that the present opposition and endeavoured abolition of tithes and all other coercive maintenance for ministers , proceed not from any real grounds of piety or conscience , or any considerable real inconveniences or mischiefs arising from them , but merely from base , covetous , carnal hearts , want of christian love and charity to , and professed enmity and batred against the ministers and ministry of the gospel ; and from a jesuitical and anabaptistical design to subvert and ruine our ministers , church and religion ; the probable , if not necessary consequence of this infernal project , if it should take effect . which would prove the * eternal shame , infamy and ruine of our nation , not its glory and benefit . the first part of the proposition is sufficiently manifested by the premises , wherein i have answered all objections from pretended grounds of piety , conscience , and surmised inconveniences or mischiefs made against tithes , discovering them to be mere impostures , and false surmises , and the principal objections against them are , that they are jewish , popish : and iohn canne in his second voyce from the alehouse ( for surely it came from thence , not from the temple ) to shew his skill in divinity most impudently asserts ▪ that payment of tithes is a sin two waies against the second commandement , 1. in it self , as being iewish and superstitious , giving honour to the wayes and devises of antichrist . this way of maintenance by tithes being a popish custom , imposed by the popes authority , &c. 2ly , as paid to an unlawfull and antichristian ministry , &c. surely a lyer ought to have a good memory ; he confesseth , p. 15. that tithes were paid by abraham , vowed by iacob , and prescribed by god himself in the ceremonial law . therefore neither jewish , nor popish , nor superstitions , nor a sin against the 2d . commandement : else abraham in paying , iacob in vowing , god in prescribing , the israelites in paying them , should transgresse this commandement , and commit a sin against it , i would demand of this canne , how he can reconcile these his palpable lyes and contradictions unbecomming him who professeth himself a true minister of the gospel . 1. how tithes can be merely jewish , since paid by gods direction and approbation , by abraham the father of the faithfull , and that to christ himself , in the shape of melchisede● , and prescribed by gods own special precept ? 2ly . how any thing commanded by god , even when the 2d . commandement was given , recorded in the same canonical books of scripture with it , practised by gods special command by all his true saints under the law , and generally in all christian churches under the gospel , as i have proved ; can possibly be , a sin against the 2d . commandement in it self ? and whether it be not direct blasphemy in him thus confidently to aver it , in making gods very commandements to fight one against another , and to command one thing as a duty in some texts , and condemn it as a sin and damnable superstition in another ? 3ly . how tithes if truly and orignally iewish , can yet be truly and originally antichristian , popish , and the popes device , many thousand years after tithes first institution and customary payment ? till he can satisfactorily reconcile these apparent contradictory assertions , or publickly recant them if he cannot , all the world must accompt him for an antichristian minister and lying impostor , his voyce , the voyce of him that reproacheth and blasphemeth both god and men , psal . 44. 16. and confess there is no ground at all in piety or conscience against tithes , or their payment , but grounds both of piety and conscience for them , as i have proved ; especially for our godly ministers and preachers of the gospel ( for whom i only plead ) whose calling being of unquestionable divine institution , notwithstanding all cannes alehouse arguments against them ( not worth a canne ) and to continue in the world to the very end thereof , and the consummation of all things , by christs own resolution , matth. 28. 20 ephes . 4. 10 , 11 , 12 , 13. they may and ought by divine and human laws , to enjoy their glebes and tithes so long continued , maugre all the malice , power of their violent oppugners , and will do so when they and their posterities shall not have so much as a name or being upon earth or in heaven ( unless they repent ) notwithstanding they were justly taken from popish fryers , abbots , priors , lordly prelates , ( of mere popish antichristian institution , not divine , ) when their very orders were suppressed , as mere vsurpers , encroachers of the ministers rights , rewards alone , for their pains in preaching , exercising their ministerial function in their respective parishes , not in abbies , cathedrals , ( no parish churches for the people to resort unto ) to which by the a popes bulls , they were unjustly appropriated heretofore . to clear this proposition more fully in all its branches , i have observed , that there are five sorts of persons of late , very busie , active both against our ministers tiths and callings too . the first are souldiers : the 2d . anabaptists , dippers , quakers , with other late blasphemous sectaries and hereticks : the 3d. prophane , covetous earth worms , and atheistical wretches ; who say in their hearts , and sometimes boldly profess , not only by their lives , but with their tongues in this lawless age , there is no god. the 4th . prophane , ignorant , cheating prognosticators and astronomers : the 5th . jesuitos , popish priests and romish emissaries , sent from all p●rts to ruine our ministers and religion . for the first , they are either officers and common souldiers , and those , either such who have gained or purchased lands since the wars , lyable to tithes ; for such who have no lands at all , and so not of present ability , capacity to pay tithes . those who have any purchased lands lyable to tithes , are now so fierce against them , ( for ought i c●n discern ) not out of any grounds of piety or conscience ; but , either out of an unworthy , covetous , degenerous , fordid disposition , to ease themselves and their heirs from this just antient debt , yea a charge of tithes upon their new cheap purchases , and gain them as an over-plus into their bargains , to improve their purchases to an higher value ; the case of such of them who approve of our ministers , our publick ordinances , and are no speakers , anabaptists , sectaries . or else a like avaritious disposition , mixed with and heightned by a professed enmity , malignity against the very persons , calling of our ministers , whom they usually revile by the names of baals priests , black coats , antichristian locusts , rotten , corrupt clergy-men , seditious , factious varlets ; and all other rayling epithites , which lilly in his late almanacks and scurrilous pamphlets , hath furnished them with , which they much magnisie . this is the case of such sword men , who are above , or against all ordinances , duties publick or private : or antiscripturists , antitrinitarians , anabaptists , seekers , quakers , asserters of the souls mortality , as rising from and dying with the body ; of all their ordinary unordained speakers , preachers , infected with any other erronious , heretical , or blasphemous opinions ; of all disguised jesuites , priests , papists under the profession and name of souldiers those who have no lands liable to tithes , petition and speak against them ; either meerly to please their superior landed-officers , for fear of being cashiered by them ; or because they are infected with anabaptism , jesuitism , errors , blasphemy , schism , arianism , atheism , contempt of all publique ordinances , duties , and a bitter emnity against our ministers persons , callings , or intruders into their office ( as well as into most other professions ) without any lawfull call . these , in my observation ( and i appeal to every of their own consciences in the presence of the searcher of all hearts , for the truth of it ) are the only true grounds , motives of any officers or souldiers present stickling opposition against tithes and ministers , arising from within them , as they are private persons . and these unchristian grounds , seconded with the open or under-hand sollicitations of their anabaptistical , heretical , schismatical , jesuitical , astromatical friends and acquaintance out of the army ; backed with a most impious , wretched , sacrilegious policy to please the simple oppressed , deluded country people in discharging them at present from the payment of tithes to their ministers , that so they may augment their taxes to the full value of their abolished tithes , to support themselves and the army the longer in a body , to uphold their supream enchroached powers , preserve , encrease their new purchases , estates , depending wholly upon the new law and title of the longest sword , are in my apprehension the only true causes why the general council of officers of the army , with the souldiers under them , by their directions , as a new created all-swaying military corporation , have so oft appeared publickly against our ministers tithes to abolish them ( and their ministry by necessary consequence with them ) which all other opponents ( being inconsiderable ) were never able to effect , but by their armed power . these are all the real principles of piety , conscience ( if they deserve the title ) i could ever yet find amongst them ; engaging the army-officers and souldiers against tithes , which how inconsistent they are with the real profession , or grounds of christianity , piety , conscience , justice , saintship , let their own consciences and the world resolve ; and what censures , execrations , judgements they may in justice expect from god , for such a sacrilegious rapine , as they intend upon these carnal , impious , atheistical grounds , policies , hypocritically gilded over with the paint of conscience , reformation , religion , propagation of the gospel , &c. which makes the design more detestable both to god and all good men . the second sort of tithe oppugners are professed anabaptists , dippers , seekers , quakers , and other blasphemous sectaries and heretiques , lately sprung up amongst us , many of which have crept into the army for their greater security , and the better accomplishment of their dangerous destructive designs against our established government , magistrates , laws , but especially against our religion , church , minister , ministry , their tithes and glebes . scarce one of a thousand of these poor sneaks were of ability to pay any tithes of late ; and those of this prevailing faction , who have crept into sequestrations , offices , imployments of late , and thereby gained any estates , for the most part , have enriched themselves by sequestred tithes , glebes , bishops , deans , chapters lands and revenues , which these hungry harpyes have most greedily preyed upon , not out of any real grounds of piety or conscience ( as they pretend ) which i could yet seldom or never find in any of them ; but out of an unsatiable greedy a holy hunger or thirst ( in the poets sence ) after gold , gain , spoyl , the revenues of our church , and an implacable bitter enmity against our ministers persons , callings ; whether presbyterians ( the chief butt against whom their malice is bent ) or independents of a more moderate strain ; whose ministry is the main fort they level all their present power against , to raze it even to the very foundation ; now prosecuting the total abolition , not only of their present tithes , glebes , but of all other future coercive maintenance in lieu of them , only to subvert their ministry , and quite starve ( if they cannot violently storm ) them out of it . this is most perspicuous , not only by their manifold former libellous pamphlets against our ministers calling , and the late ordinances for tithes , which i have a elsewhere collected , refuted , but by their fresh petitions both against their tithes and ministry too , as antichristian , jewish , popish , &c. especially by john canne the old amsterdam anabaptists second voyce from the temple ( or b synagogue of satan rather ) newly dedicated to those he stiles the supream authority of the nation , wherein he exhorts and stimulates them , by all the art , rhetorick , motives , false arguments he can muster up , to do execution , and take vengeance upon babylon ( to wit , the national ministry , church-worship & government of england , as he explains it , p. 2. ) till it be wholy desolate , not a stone left upon a stone , till it be thrown down : to take a most effectual and certain course to c starve and famish these antichristian idols , by taking away the food and maintenance whereby hitherto ( as at this present they are nourished , fed and left alive ) and more particularly their tithes . to repeal all laws and statutes formerly made , whereby the whore hath lived deliciously and proudly , and keeps on to this day her whorish attire . to make the whore desolate and naked by making no act or law to stand in force which doth yield any relief to her . to set themselves in array against her ( by the armies power no doubt , which he alludes to ) bend their bow , fan and empty her . to set upon this work speedily , in good earnest ( as it seems they do ) whiles it is to day : and why so ? because the lord himself hath by a call more than ordinarie , called them to this more than ordinary imployment , ( if he could have proved it by scripture or law , it had been more worth than all his pamphlet ) put this fair ( or rather foul ) opportunity into their hands ; hath commanded his sanctified ones , and called his mighty ones ( the army-officers ) to fulfill his pleasure upon this great whore ( the church and ministry of england ) and sion is in travel and ready to bring forth ( this monster of desolation and confusion : ) which if they neglect or delay , then mark how he briefly menaces them with the fates of their late predecessors , i would think you should never be sitting in that house , but be thinking still on those who sate there before you ( and why not as well on faux and the gunpowder traytors , as those , since there seems another powder-plot in the vault to blow them up , intended by canne and his confederates if they fail in accomplishing this their desired work ? ) whom the lord hath lade aside as despised broken idols and vessels , wherein his soul had no pleasure . and why ? as they knew not their generation-work ( which he excites them to ) neither were faithfull to the interest of jesus christ . god is no respecter of persons , as men sow , so they shall reap . ex ungue leonem , ex cauda draconem . you may see by these passages , and his whole pamphlet pursuing them , what these malicious , inhuman , barbarous , irreligious , hypocritical anabaptists aym at in their present violent prosecutions against tithes ; even utterly to starve , famish , subvert , extirpate our ministers , ministry , church , worship , government , and make our land a mere spoyl , desolation , as their predecessors did munster , and some parts of germany , whiles in their power . but let canne and his anabaptistical confederates remember what tragical a ends their new king john , with all his princes , grandees , officers , prophets , followers came to in conclusion in germany : and what fatal ruine befell b jack cade , iack straw , wat tyler , sharp and other levelling companions , who had the self-same designs against our english laws , lawyers , clergy , tithes , glebes , as he and they have now , animated thereto by the new-dipped iesuites , and other romish emissaries lately crept into their anabaptistcal fraternity to further this their infernal gunpowder-plot against our church , religion , ministers , magistrates , government , laws , and let them thereupon repent of , desist from , abominate this their diabolical , wicked design , lest they incur the self same punishments in conclusion , by stirring up god and all the whole nation against them , as most accursed rebels , traytors , instruments of satan , yea that very antichrist and whore of rome , they pretend they are blindly acting against , whose designs in truth they are but accomplishing in the highest degree . i must here observe ( and desire all others to take notice of ) three things . first , that in cannes voyce , and in all other late pamphlets , petitions of the anabaptists , wherein they seem to vent their most passionate zeal against antichrist , babylon , the whore of babylon , their chief instruments and supporters , i cannot find so much as one clause or syllable against iesuites , popish priests , papists , romish emissaries ; or exciting the execution of any laws or statutes formerly made against them ; but the whole stream , bent of them all is only against the godly ministers , ministry , worship of the church of england , the presbyterian government , and our present church-worship , the only babylon , whore , antichrist , they intend and fight against , not the pope and church of rome . 2ly . that they are so far from pleading against the pope , popish priests , iesuites , and urging the execution of the good oaths , laws , made by late and former protestant parliaments ▪ gainst them and their treasonable practices , that they have frequently written , petitioned for their repeal , abolition , as bloody tyrannical laws , unlawfull oaths ▪ and procured their repeal or suspension at least , in their favour from some late and present powers , 3ly . that when some consciencious pious stationers late in their beacons fired , discovered to those then in power , the many sorts , multitudes of jesuites , popish books printed in england within 3. years last past , in defence of the pope and church of rome , all popish doctrines , ceremonies , and reviling our church , religion , as heretical ; desiring them to take it into their timely considerations , to suppress this growing mischief , design to corrupt the people , and reduce them back to popery , ere they were aware : kiffin with other anabaptists in the army , headed by colonel pride , taking an alarum thereat , subscribed and printed a book intituled , the beacons quenched , ( penned they know best by whom , not the subscribers of it , not yet inspired with the gift of all the tongues therein contained ) pleading for a free tolleration of such popish books printing , dispersing amongst us , of publick disputes by those of that religion , traducing , accusing the presbyterians throughout that pamphlet , and those honest zealous stationers in particular , of no l●sse than a new gunpowder-plot , mine , train , ( then ready to be sprung ) to blow up those , colonel pride and his confederates first made , and then stiled , the parliament of the common-wealth of england , and the army too ; only for discovering thes● popish books and trains to blow up our religion : which scandal , as the stationers then fully cleared by their satisfactory reply to that impertinent pamphlet , so the subscribers of it their fellow-souldiers of the army ( better versed by far in mines and fireworks to blow up parliaments , and nearer related to old a guy faux , a low-country souldier , by reason of their military profession , than these stationers and presbyterians , they thus falsly slandered ) have since cleared before all the world , to be a malicious calumny , of which themselves only are guilty , and given just cause of jealousie , fear , to all presbyterians , old protestants and p●ritans to apprehend , that they now really joyn their forces and heads together with those thus pleaded for , to ruine our church , religion , ministry , under the notion and project of suppressing tithes , and of all future compulsory maintenance for the ministers of england , whom they intend to starve and famish ( such is their charity ) if they can but vote tithes down , before they provide any other maintenance ; which vote once passed , the next will be , to vote them both out of their rectories , glebes , churches , ministry too , as cannes voice , and the kentish petition against tithes root and branch , sufficiently discover to all who are not wilfully blind : enough to make all men now to look about them . that the dominican , franciscan , and other popish fryer● , were the first broachers of this opinion , that l●ymen were not bound to pay tithes to their ministers by any divine law or right ; on purpose to draw the tithes of ministers and curates to themselves , and exempt whatever lands or things were given to them from payment of tithes ; i have elsewhere evidenced out of a mr. selden and others ; whereupon b johannes sarisburiensis bishop of chartres thus censured them , miror ut fidelium pace loquar , quodnam sit ut decimas & jura aliena usurpare non erubes●unt . inquient fortè religiosi sumus . planè decimas solvere religionis pars est . adding , that their exemptions from payment of tithes did derogare constitutioni divinae , derogate from divine institution . and petrus blesensis , archdeacon of bath , in his 82. epistle inveighs very much against the privileges of the cistercian monks exemption from payment of tithes , as injuriosa immunitas , contra dei justiciam : seeing justiciae divinae manifestè resistit , qui ministris ecclesiae nititur jus decimationis auferre : which these ▪ friers not only persisted in , by substracting their own tithes from the ministers by colour of these exemptions , but likewise the tithes of their other parishioners , especially such who contemning and deserting their own parish priests and churches , resorted to these friers chapels , and acknowledged them for their ghostly fathers and confessors . this is most evident by the petition of the parish priests and rectors of london to the archbishop of canterbury and the rest of the bishops in a synode , ( about the year of our lord 1240. ) against the dominicans and franciscans , who much impaired their profit ; wherein they complained a that their parishioners who at leastwise on lords daies and festivals are bound to frequent their parish churches , and to receive sacraments and sacramentals in the same , and devoutly to hear divine service , as also to offer at solemn masses due and accustomed oblations ; did repair to the places and houses of these friers , and scorn and forsake their parish churches , and so confer the due rights of the church wherewith the churches were antiently endowed , upon the friers . also they who confess themselves to these friers , who before were accustomed annually by the canon-law to pay tithes of their tradings to their parish churches , from the time since they submitted themselves to the confessions of these friers , modo debito ac consueto negociationes s●as decimare non curant , neglect to pay tithes of their tradings , after the due and accustomed manner . and is not this the very present grievance , complaint of most london and other ministers throughout england , that since these disguised romish friers & jesuits swarming in all places under the masks and titles of anabaptists , quakers , and other sects , have in imitation of these their predecessors , in their writings , preachments , and conventicles declaimed against our ministers tithes , as not due unto them by any divine right , to rob our ministers of , and draw the value of them to themselves ; and since their parishioners who are bound to resort to their parish churches on lords daies and feastivals to hear divine service , sermons , and receive the sacraments in a devout manner have resorted to the conventicles and meetings of these friers and jesuites , and submitted themselves to these new ghostly fathers and confessors , they have quite contemned , deserted their own parish churches , neglected , refused to pay any personal or predial tithes or oblations to their ministers after the due , and formerly accustomed manner , and bestowed the due rights and ancient endowments of their parish churches , ( in value or substance at least , though not in kind ) upon these friers and romish locusts , whose very doctrin , practice in this particular of our ministers tithes and oblations , and their substraction of them ( yea in most other tenents now broached by them for new light ) are the very same in all particulars which these friers in former ages both at home and abroad , as i have evidenced in my quakers unmasked , my new discovery of romish emissaries ; and our london , lancashire , newcastle and other ministers , have plentifully demonstrated in sundry publications , with mr. edwards in his gangraenaes ? we may then most clearly discover these romish d wolves now crept in amongst us in sheeps-clothing , by these their fruits , and practices ; whose pleas against our ministers tithes , resolve into these atheistical , unchristian conclusions . 1. that the tithes of christians increase are too much for god himself who created them , and gives all to them . 2. too much for christ who redeemed them , who gave himself to death for them , and is a priest for ever unto god the father after the order of melchisede● in their behalf . 3. too much for the ministers of christ , whose lives , studies , spirits are wholy spent in ministerial incessant labours for their eternal welfare . 4. too much to be layd out for the instruction , salvation , of their own immortal souls ; when as the other nine parts are consumed on their bodies , families , if not sins and lusts . 5. too much for an orthodox protestant minister ; but not for a disgui●ed , seducing popish jesuitical priest or frier . o brutish , foolish , bewitched , infatuated englishmen , now at last consider this your desperate folly , delusion , before it be over late , in following these disguised seducers , to your own and our religious ruiue . the 3d. sort of tithe-oppugners are prophane , covetous earth-worms and atheistical wretches , who care not for god or religion , saying unto god and his faithfull ministers , like those atheists , job 21. 14 , 15. depart from us , for we desire not the knowledge of thy wayes ; what is the almighty , that we should serve him ? and what profit should we have if we pray unto him ? yet because few of such are now active sticklers and petitioners ( as such ) against tithes , but only mere substractors , detainers of them at present , they are lesse blame-worthy , and not so culpable as the two former , and subsequent ranks , the chief active sticklers , petitioners , writers against them . the 4th . rank of grand opposites against our ministers and their tithes are prophane , ignorant , cheating , monthly prognosticators and astrologasters , as john booker , nich. culpepper , and above all others william lillie , a most bitter , rayling ral shekeh , whose late almanacks , ever a since 1648. and other idle prophetick pamphlets , are so fraught with scurrilous invectives , raylings , predictions of our ministers , presbyterians downfalls , and their tithes , the souldiers , peoples general opposition , insurrection against them , &c. almost in every line , as if the army-officers , souldiers , anabaptists , priests , jesuites , had purposely hired him , to carry on their designs against our ministers , their tithes , maintenance , to subvert our religion ; and the jesuites , anabaptists , furnished him out of all their ●ayling pasquils , satyrs , with reproachfull terms , invectives , slanders against them , which have swelled up his frothy , silthy papers to an extraordinary b●lk , beyond his fellow prognosticators , and made them so much cryed up , read , studyed both by officers , souldiers , anabaptists , and other simple people , incensing them against our ministers and their tithes , a● things which the late constellations , ecclipses of the moon and sun have specially designed ●o speedy ruine . when i was close prisoner in dunster castle in the year 1650. the officers and souldiers there , sent me lilies a new almanack to read , wherein i found , such a world o● bitter , rayling , jesuitical epithites against our ministers , and predictions of the sodain downfall of their m●nist●y , tithes , maintenance , from pretended malignant constellations , ( which y●● on the contrary at the same time did promise acts of grace and favour to popish recusants , w●o in their zeal and loyalty to the new republick exceeded most presbyterians ; ●nd pres●ged some worthy actions , in creating new cardinals , &c. to be done in rome and italy as he therein predicted ) as made me suspect him to be more than half a jesuite , or at least their scholar , confederate , pensioner to promote their designs against our ministers ; and to acquaint m● . bradshaw ( my committer ) with others at whi●ehalt so mu●h in my letters to them : but our tithes and ministers not falling down that year , as he falsely prognosticated , he still continued to predict their downfalls in his lying b prognostications , 1651 , and 1652. much read and cryed up by the officers and souldiers at pendennys castle in cornwall , who sent me them to ●ead , wherein he retained his former malicious raylings against our ministers and their tithes , to ●ender them odious to the souldiers , army , people , and all originally , because reverend mr. gataker , with the assembly of divines in their annotations to the bible , on jer. 10. 2 , 3. and other texts , and others of them of late , had " censured the art of judicial astrology , astronomy , and the principles of i● ( wherewith he and his fellow-wizards cheat poor people of their mony , by calculating their nativities , telling what wives , husbands , fortunes they should have , whether they should recover their sicknesses , what good or bad voyages they should have , what was become of their lost or stollen goods , or where they should find them , foretelling what weather , sicknesses , publick alterations in state , church-affairs , and church-men too , should happen from the malign or benign aspects , conjunction of the stars , planets , or the ecclipses of the sun and moon ) as a mere cheating imposture ; a heathenish , wicked , unchristian practice , delusion , contrary to scripture , reason , philosophy , theological doctrin , ecclesiastical disciplin ; yea a meer impious fraud and villany . " the sottishnesse , falsity , groundlesnesse whereof ( built upon meer ridiculous figments , forgeries , absurdities , dreams , imaginary signes , houses built by them in the heavens , and such malignant qualities as their fancies have ascribed , not god infused into the 7 planets ) those who have been deluded by such cheating knaves and pick-purses , the greatest impostors of any ( as learned henry bullinger in his commentary on jer. 10. 2. sixtus senensis bibl. l. 6. annot. 10. and the subsequent authors stile them ) may for their satisfaction read at large in bardesanis syms ( the best learned of all the chaldean astrologers ) quoted by eusebius de praepar . evangel . l. 6. c. 8. in cicero de divinatione , l. 2. in picus mirandula his 12. books against astrology , in joseph scaliger his preface before manilius , in dr. chambers book against judicial astrology , london , 1601. in sixtus ab hemminga , lib. astrologiae refutatae , antw. 1583. in jo. francus offucius , in larvatam astrologiam , an. 1570. in cornelius scepperus , contra astrologos , col. 1548. in georg. trapezuntins , libellus cur astrologorum judicia sint falsa . alex. de angelis , in astrologos conjectores , romae , 1615. in john milton , his astrologaster , 1620. in hieron . savanorola , adversus divinatricem astronomiam , florentiae 1581. in apologeticus interpretis pro tractatu hieron , savanorolae adversus astrologos , flor. 1581. in mr. samuel purchas his pilgrimage , l. 1. c. 2. p. 12 , 13. &c. 12. p. 64. in ludovicus vives de corrupt . artium , l. 5. who censures it as a fraud , not art , in mr. thomas gataker his vindication of his annotation on jer. 2. against the scurrilous aspersions of that grand impostor , william lilly ; newly printed , 1653. and the authors quoted by him , in bochellus decret . eccles gallicanae , lib. 1. tit. 14. where the decrees of many french councils are recited against this diabolical cheating profession , prohibiting christians to buy , read , keep , or credit such books , in which many unprofitable , superstitious , false , yea impious and sacrilegious things are contained , which books ought to be suppressed , damned , and utterly abolished ( yea burnt like those acts 19. 19. as the council of burdeaux , an 1582. and johan charberius de gersonio , in his trilogio astrologiae theologiza●ae , proves at large . and those who will compare culpeppers & lillies wild monstrous false predictions concerning the several states , kingdoms mentioned in their almanacks , prognostications for this present year , and the great plagues , mortality which should be both the last and this summer in london ( though never freer from pestilence than at these seasons ) with their , and others usual false predictions every month concerning the weather , their manifold contradictions both to themselves and one another , will easily discern them to be meer lyars , impostors , and their art a cheat. now let them all tell me at their leisure , by what warrant from scripture , philosophy , reason , art , sense , the constellations of the heavens , or ecclipses of the sun & moon these 2 last years only should certainly predict , portend , excite souldiers , sectaries , or country people by any divine ordination , or real influence on their dis-affected spirits , to pull down the ministers of the gospel , & their tithes , being both of divine institution and establishment to a continue to the worlds end : when no other constellations , ecclipses of like nature in any former ages of the world since the creation , portended or effected the like ? or how the stars in heaven should thus professedly sight against , and pull down those b stars ( the ministers of the churches ) which christ himself holds in his right hand ( out of which none can pull them ) and their tithes too , being antient , perpetual appurtenant to christs own eternal priesthood , heb. 7. 1 , to 15 ? more particularly , i shall desire this scurrilous impostor lilly to inform me , how it comes to passe , that the celestial stars , planets , ( and good angels which he oft couples together in his merlins ) who in the year 16●7 . ( as he c prints in his ephemeris for it ) by their good influence stirred up by gods providence the parliament to take care , that preaching ministers should be placed in every county of this kingdom , and a sufficient stipend allowed where formerly none was for which we ; ( writes he , including himself in the number ) must ever acknowledge our thankfulness : and that the figures he erects on the x. of march , 1647. astrologically predicting the state of our english affairs and clergy , should by the rules of astrologie , and his own iudgement thereon ( then printed , venus being then found in the ninth house ) import , that many of the clergy should trot and trudge , or change their habitation out of one county into another , nay shall willingly travel long journies ; by which i conceive ( writes he ) is meant , that our present parliament shall this year place worthy men into warm benesices , and distribute the deserving clergy-men of england into several quarters of this kingdom , as in their wisedoms they think convenient . blessed be god , for his creatures . the stars , promise they may travel safe without prejudice , or at least , they indicate so much , &c. and shall obtain profit and good by their oft changings , and remove of habitations . and the godly ministers so dispersed into several counties , shall prevail with the people to amend their lives , and live more soberly , religiously , &c. as also , that most of those itinerant preachers , or divines , shall leave behind them lesser livings , and go to enjoy better . to which he addes by way of jeer this passage against mr. geree for writing against astrology , " now for that astrologo-mastix is a master of arts , and capable of preferment , i humbly implore , he may be made priest of teuksbury , from which place ( per varios casus ) he once in haste trotted , &c. that but 3 years after this , the heavenly stars , planets , angels in the year 1650. ( as his a ephemeris then prognosticates , very frequently ) should threaten ill and unwilling payment of tithes , in many counties to the clergy : much heart burning of the people towards them . that after a small season , or a very few years , no tithes shall be paid them : for a plain people will arise , gifted by god with such spiritual knowledge , as the generality of the people will decline their sophistical school doctrines , and wholly adhere unto those who preach god only , and jesus christ his son : " and that they should be so implacable , as to continue these and worse threat●nings against all presbyterian ministers , presbytery , rectories , tithes , and the whole english clergy , ever since this year , so far , as to portend or ascertain , not only their general opposition by swordmen , the generality of the nation , and their governours and people , but sodain downfall and extirpation : of which all his merlins and prognostications surfet . tantaene animis caelestibus irae ? doubtlesse , the heavenly stars , planets , and good angels are not so contradictory to themselves , or maliciously , irreconcileably malignant against our ministers persons , callings , tithes , presbytery , as this arch cheat , would make poor simpletons believe . but it is only the language and malignity of his own malicious heart , tongue , pen against them , because enemies to his absurd , diabolical , lying , cheating , artlesse art of astrology , witnesse his own words ; i hate presbytery ( and hatred and affection as himself writes , cause often errours and mistakes in their art and predictions : ) art thou a presbyterian ? thou art an enemy to astrology , and weariest thy auditory with invectives against me . i desire thee to conform , lest a worse thing happen to thee ( than deans and chapters lands ) for if thou labourest to root up or pull down this fabrick , which god hath erected , then i say , in a small season , or very few years , no tithes will be paid thee , &c. with many such like a passages since , wherein he reviles , vilifies , mr. calvin , perkins , geree , case , calamy , farmer , gataker , owen , with sundry other divines by name , and all of them in general , only because , they have preached or writ against the vanity , falsity of his cheating astrology , by which he gets his living ; as much as he reviles , jeers his companion , wharton , ( naworth , new rth , ) for contradicting him in his own science , whom yet elsewhere himself and culpepper too , extraordinarily applaud for his exact transcendent knowledge in astrology , though all 3. of them diametrically contradict each other in their predictions from the stats , or different factions rather . this malice of theirs against our ministers and their tithes ( wherein they have proved lying diviners hitherto , and will do so to the worlds end , if we credit matth. 28 , 2c . ephes . 4. 11 , 12 , 13 ) no doubt is elevated , augmented by jesuites and popish spanish agents , the chief promoters of this study of astrology amongst us , and very intimate with these lunatique , star gazing incendiaries and time servers ; it being the expresse advise and project of thomas campanella ( a great astrologer and jesuited italian fryer , much magnified by lilly in some of his merlins , ) in his treatise de monarchia hispaniae , wherein , as he shews the king of spain the readiest means to make himself monarch of the whole world , and particularly of a england , scotland , ireland , holland , ( by dividing them one from and against another by unnatural intestine wars , turning our monarchy into a common-wealth ; dividing our three kingdoms one from and against another , by making them republicks or elective kingdoms , breaking our naval forces by the dutch fleet and other nothern nations , fomenting perpetual divisions and schisms amongst us : thereby to destroy our civil government , forces , and become a prey to the spaniards atlast ) so he prescribes this , as b the readiest way to undermine our protestant religion , and draw men from the study , love , practice thereof , to promote the art , study of astrology and telestan arts amongst us , to erect schools of astrology and mathematicks , and encourage the students of it with rewards . which i wish all lovers of our religion , vigilant statesmen , and lilly ( with other astrologasters , the chief promoters of this design ) to take special notice of , and thereupon to abandon , suppress this impious , atheal , sottish , cheating art , grounded upon no rules of reason , philosophy , divinity , experience , but mer● imaginary whimsies , figments , chymeraes , signes , houses in the air , of lunatick cheats and impestors , as all rational , judicious scholars who peruse their scheams , astrological conjectures , judgements , predictions , treatises , must acknowledge ; and i by gods assistance , may hereafter demonstrate to the world if there be occasion , being not so pertinent to my present theam . the fifth and last squadron of professed enemies against our ministers tithes , glebes and setled maintenance , are jesuites and jesuited papists : and that not out of any malignity against tithes themselves , which they all hold to be of divine right and institution , according to the definition of their idolized a council of trem , sess . 25. de reformatione , c. 12. which thus determines against their present practice and design : non sunt ferendi qui variis artibus decimas ecclesiis obvenientes , substrahere moliuntur , aut qui aliis solvendis temerè occupant , & in rem suam vertunt . cum decimarum solutio debi●a sit deo. et qui eas dare noluerit , aut dantes impediunt , res alienas invadunt . praecepit ergo sancta synodus , omnibus cujuscunque gradus aut conditionis sint , ad quas decimarum solutio spectat , ut eas ( ad quas de iure tenentur ) in posterum cathedrali , aut quibuscunque aliis ecclesiis vel personis quibus legitimè debentur , integrè persolvant : qui vero eas aus substrahunt , aut impediunt excommunicentur ; nec ab hoc crimine nist plena restitutione secuta , absolvantur : but merely out of malice and design against our ministers and their ministry , of purpose to starve and ruine them , thereby to set up popery , and intrude themselves into their rectories , yea into our bishopricks and deaneries too , and then they will not only cry up tithes again , with the due payment of them to themselves from the people , according to the utmost rigour of this trent-canon , and other laws , for their due payment by divine and human right , but likewise resume all bishops , deans , chapters lands , ( if not abby lands too ) into their hands , as sacrilegiously alienated from the church without lawfull power and right , as robert parsons the jesuites memorial for reformation , ( written at b ) sevil in spain , anno 1596. ) william watson in his quodlibets , p. 93 , 94 , 144. with the c statute of 1 mariae , parl. 2. c. 1. for reviving the bishoprick of durham , restoring all ecclesiastical and temporal jurisdictions , lands , hereditaments whatsoever thereunto heretofore belonging , though dissolved , setled in the crown and town of newcastle , by the statutes of 7 e. 6. c. 10. and another act not printed , will inform the world , and alfonsus de vargas de stratag . jesuitarum , p. 203. now that the jesuites ( many hundreds of which society now lurk every where amongst us under the disguise of anabaptists , souldiers , tradesmen , seekers , dippers , converted iews , physicians , gentlemen , travellers , merchants , and other like , to work our ruine ) have a hand in this design to deprive our ministers of their tithes and rectories , to work their ruine , is most apparent . first , by their former procedings even against their own secular priests in england , where they seeking to work their utter ruine , subversion , supplantation , to int●ude themselves into their imployments , by their machiavel , atheal plots , about the year 1600 , to 1605 , did first by their scandalous books , libels , slanders against there priests , bring their persons and priesthood into scorn and contempt amongst the generality of the english papists , preferring every lay brother of their society before them , executing their priestly function without a lawfull call , or ordination : and then endeavoured to substract all maintenance and contributions from them ; threatning to make them leap at a crust , and to pine and starve them ; debarring , interrupting all their maintenance from english recusants , in such sort , that many of them pined away through grief of mind , want of food , and were so near perishing , that they were necessitated to petition queen elizabeth and her council , for some allowance in their prisons to keep them from starving . yea they and their jesuited followers and proselites derided their seminarie priests and ghostly fathers in this manner , ah , hah , hah ; a seminary , and old queen m●●y priest , a secular , &c. you shall see them all leap at a crustere it be long , &c. and having got iudas his office ( to carry the mony bagg ) into their own and substitutes hands , they disposed of the wealth and charitie of catholicks ( consisting of many thousand pounds ) where , how , and to whom they pleased , for their own enriching and advancement : which made the secular priests write , that england was become wild , priesthood and sacraments had in contempt , religion made but a matter of atheal policy ; and priests through the jesuites falsehood , calumniations and untrue suggestions to the superiours and all estates , brought into such high contempt , that their verie ghostly children , whom they had begotten , had forsasaken , houted , shunned , despised them , as if they were none other but their stepfathers , and shewed their charity so coldly to them , as many of them were in extream want , and few or none of them scarce able to live ; as we may read in watsons quodlibets against parsons and his fellow jesuites , p. 16 , 17 , 18 , 20 , 21 , 31 , 37 , 38 , 42 , 43 , 45 , 50 , 51 , 52 , 62 , 63 , 70 , 71 , 80 , 81 , 92 , 93. and elsewhere throughout that book : in joan. bogermanus cateches●s jesuit . l. 3. c. 28. thuanus hist . l. 126 , mercurius jesuiticus , tom. 1. p. 287. william clark his reply to father parsons libel , printed 1603. fol. 17 , to 32 , which being the very condition and complaint of our godly protestant ministers in most places throughout the nation at this day , is no doubt a storm of these jesuites raysing , a very plot and design of their hatching , ●omenting to ruine our ministers and their ministry now , as they would have done their own secular priests then in england , to advance their own power , profit , 2ly . it is evident by a rob. parsons and other jesuites old project for reformation of england , when they should get power in it : to take away all lands , manors , benefices and setled maintenance of the church from the english clergy and universities , and make all ministers , and scholars mere pensioners and stipendiaries at their pleasure , set up itinerary preachers fixed to no particular church , ( like our wandring quakers , anabaptists , sectaries of late ) instead of parochial pastors , of which more anon . 3ly . alfonsus de vargas tole●anus : in his relatio ad reges & principes christianos , de stratagematis politicis societatis jesu , ad monarchiam orbis terrarum sibi conficiendam ; printed 1641. cap. 40 , to 51. proves at large out of the jesuites own printed defence and other writings ; that these new doctors , of no conscience , no faith , no honesty or shame , have perswaded the emperour and other kings , against their oaths , trusts , duties , charters , the law of nations , and all divine and human laws , that it was lawfull for them , upon a pretext of necessity , for the ease of the people , and maintenance of their wars , souldiers , to alienate the lands , revenues , maintenance of abbies , religious men and of the church , upon souldiers , for the defence of their bodies , and of the church ; that so themselves might gain a share of them for the advantage of their own societies , contrary to the wills , intentions of the first donors and founders : whereupon he thus justly jeers them , cap. 46. p. 222. " that the institution of the jesuites society peculiarly tends to this , that their colleges should beinstituted and society maintained out of the ruines of the church , and rapines of other mens goods , à quibus societatis institutor et conditor ignatius , cum etiamnum ad legionem bellator esse● , minime alienus fuisse , nec a solita militum rapacitate quicquam demutasse , sine ulla ejus contumelia creditur , e●si autem militiam mutavit ac simul cum sociorum ne dicam furum manipulo christo imperatori sacramentum dixit , non propterea rapinam omnem ejerare necesse habuit , &c. he remaining a plunderer still , after he became a saint : seeing the prophe● isay seemeth thus to prophecy both of his rapine and wound in his halting legg , cap. 33. tunc dividentur spolia multarum praedarum : claudi diripient rapinam . " therefore no wonder this spirit of rapine continues in his disciples : who doubtlesse have infused the self-same spirit of rapine into our anabaptists and souldiers , into whose societies they have secretly insinuated themselves ; somenting and intending to lengthen out our wars so long , of purpose to make a prey of our remaining church-revenues , rectories , tithes , and college lands too at last , ( as they have done of other church-revenues already dissipated ) out of a pretext of necessity , as is most transparant to all intelligent peoples eyes , thereby to destroy our religion by devouring our ministers , churches patrimonies , the probable , if not inevitable consequence of this jesuitical project , if effected , as is most apparent by this notable passage of roderyck mors formerly a grey fryer , in his complaint and supplication to the parliament of england , about 37 h. 8. after the dissolution of monasteries , pertinent to my purpose , and as worthy consideration now as then , ye that be lords and burgesses of the parliament house , ( writes he ) i require of you in the name of my poor brethren that are englishmen and members of christs body , that ye consider well ( as ye will answer before the face of almighty god in the day of judgement ) this abuse , and see it amended . when antichrist of rome durst openly without any visor walk up and down thorowout england , he had so great favour there , and his children had such crafty wits ( for the children of this world are wiser in their generation than the children of light ) they had not only almost gotten all the best lands of england into their hands , but also most part of the best benefices both of parsonages and vicarages which were for the most part a all improved to them . and when they had the gifts of any not improved , they gave them unto their friends , of the which alwaies some were learned , for the monks found of their friends children at school . and though they were not learned , yet they kept hospitality and helped their poor friends . and if the parsonages were impropred , the monks were bound to deal almesse to the poor and to keep hospitality , as the writings of the gifts of such parsonages and lands do plainly declare in these words , in puram eleemosynam . and as touching the almesse that they dealt , and the hospitality that they kept , every man knoweth , that many thousands were well relieved of them , and might have been better , if they had not had so many great mens horse to feed , and had not been over-charged with such idle gentlemen , as were never out of the abbies . and if they had any vicarage in their hands , they set in some time some sufficient vicar , ( though it were but seldom ) to preach and to teach . but now that all the abbies , with their lands , goods and impropred parsonages be in temporal mens hands , i do not hear tell that one half peny worth of alms , or any other profit cometh unto the people of those parishes . your pretence of putting down abbies , was to amend that was amiss in them . it was far amiss , that a great part of the lands of the abbies ( which were given to bring up learnned men that might be preachers , to keep hospitality and give alms to the poor ) should be spent upon a few superstitious monks , which gave not xl. pound in alms , when they should have given cc. it was amiss , that the monks should have parsonages in their hands , and deal but the xx. part thereof to the poor , and preached but once in a year to them that paid the tithes of parsonages . it was amiss , that they scarcely among xx set not one sufficient vicar to preach for the tithes that they received . but see now , how it that was amise , is amended , for all the pretence . it is amended even as the devil amended his dams leg ( as it is in the proverb ) when he should have set it right , he brake it quite in pieces . the monks gave too little alms , and set unable persons many times in their benefices . but now where xx . pound was yearly given to the poor , in more than c. places in england is not one meals meat given . this is a fair amendment . where they had alwaies one or other vicar , that either preached or hired some to preach , now is there no vicar at all : but the farmor is vicar and parson altogether , and only an old cast away monk or frier which can scarcely say his mattins , is hired for xx . or xxx . shillings meat and drink , yea in some places for meat and drink alone , without any wages . i know , and not i alone , but xx . m. mo , know more than d. ( we may now adde 5000. ) vicarages and parsonages thus well gospelly served , ( yea not served at all , but the church doors quite shut up ) after the new gospel of england . so he . this doubtless will be the general sad condition of all england ( as it is now in most part of wales ) if tithes and rectories be quite voted down , abolished , or disposed to the souldiers , or brought into a common treasury ( which will hardly leave ministers the tenth of their tithes , as our late sequestrators left not the tenth nor fifth part clear gains , and value , of all sequestrations generally throughout england , to the state , as i found by examination of their accompts upon oath ) which is now so violently prosecuted , endeavoured by many . and then we shall have a glorious blessed reformation indeed , according to the popes and jesuites hearts desires , who like ravening wolves will make a prey of all flocks in the defect and absence of able pastors , through want of maintenance and poverty , as they have done in many places throughout the realm , seduced by them to jesuitism , anabaptism , atheism , through defect of able ministers , and ejection of former incumbent pastors under pretext of scandal , insufficiency , or malignity , by arbitrary or anabaptistical committees , sequestrators , prosecutors , without any legal tryal by their peers , or any care at all to place better , abler , or any minister at all in divers parishes in their places : whereupon these active jesuites , with other romish emissacries under the disguises of anabaptists , seekers , dippers , inspired brethren , quakers , ranters , souldiers , new illuminates of extraordinary endowments , and itinerary predicants , who pretend to preach the gospel freely , have seduced thousands , divided the people into sundry sects , and almost ruined our church and religion in a short space , which they will soon accomplish to their hearts content , can they now but vote down tithes , glebes , and set up new committees in all places of their own and the anabaptistical party , ( concurring in design and most principles with the jesuites , as a watson in his quodlibets , and others prove at large ) to eject our remaining ministers at their pleasure , under pretext they are antichristian , scandalous , and no ministers of jesus christ ( as john canne and others have already prejudge them ) that they and their agents may step into their places ; and at last , when all their designs against our state , church , governm . are produced to maturity , re-assume their tithes , rectories , with our bishops , deans , chapters and abby lands too into their actual possessior , according to the jesuite parsons and his companions long prosecuted project , at large related by william watson the priest in his quodlibets , p. 93 , 94 , 98 , 288 , 289 , 332 , 333. with other plots lately prosecuted ad unguem to subvert our religion , laws , government , monarchy , and enslave us to the iesuits , popes , spaniards tyranny and vassalage in conclusion ; first laid by parsons and other pragmatical jesuites , then seconded by thomas campanella , in his treatise de monarchia hispanica c. 25. 27. and elsewhere : prosecuted of late years by the jesuites and spanish agents on the one hand ; and cardinal richilieu and his instruments on the other hand ; who at his death in the begining of our late warrs ( which he was very instrumental to rayse ) recommended the prosecution of them to the french king and his successor cardinal mazarin ; as a noble italian count , conte galliazzo gualdo priorato , in his historia , part 3. printed at venice in 4 to anno 1648. ( dedicated by him to the king of poland , and written in italian ) p. 175 , 176 records in these words , worthy all english statesmens special notice : where writing of the affairs of the year 1642. and the death of cardinal richelieu in particular , he records , that amongst other things he caused some papers to be delivered before his death to the king of france , full of policies and maximes of state , directing him how to carry on his eusiness with all forein states . his advice in relation to england was this . che sopra , &c. that above all other things the king of france should endeavour to keep the government of great britain divided , by upholding the weakest party , that the other might not make it self too powerfull reducing the kingdoms of england , scotland , and ireland to be divided ; ( by one of these two means or both ) either by nominating ( new ) kings : or by reducting them to a common-wealth . yet with this caution , that when they are reduced to a common-wealth , so to order it , that it may not be intirely one , but divided : for republiques ever enemies to poteut neighbours , and iealous of their liberties , ought to be suspected by the state of france . how punctually this advice hath been pursued by the french ( as well as parsons and campanellaes plots of like nature by the spaniards ) those who please to peruse the lord george digbies cabinet letters ( printed in the collection of all the publique orders , ordinances and declaration of parliament in folio , by the commons order ) 1646. p. 849 , 858 , 862 , 863 , 866 , 867. and my speech in parliament p. 118. & 106 , to 114. may read at leisure , and every mans observing experience can sufficiently attest . the lord now at last give us hearts to be deeply sensible of it , and grace , zeal , courage to make timely use of it for the preservation of our kingdoms , nations , churches , ministers , religion from impendent ruine . having given the world this brief accompt of the principal promoters , prosecutors of the present grand plot against our ministers , their tithes and rectories , i cannot upon serious consideration of it but foresee and divine , that if all or any of these projectors ( through gods heavy judgment on us for our sins , and detestable violations of all oaths , vows , covenants , trusts , protestations , promises , declarations divine and human laws ) should by power , fraud , policy , or armed force so far prevail with our present legifers or swaying grandees , as totally to take away and abolish the rectories , tithes and present setled maintenance of our ministry , for the souldiers pay , or other ends ; or else secretly to bring them all into a common treasury , and reduce all our ministers to set arbitrary stipends out of them , to dispossess them of the future actual possession of them , and make them wholy dependent on the arbitrary discretions of new intruding land-lords into their churches , patrimonies , freeholds from whom they never received them at first ; as it would inevitably produce a world of mischiefs and inconveniences both to all patrons and parishioners throughout the nation , without the least ease or benefit to the people ; so it would certainly either totally ruine our ministers , making them all poor fryers mendicants , neglecting their callings , studies , to get their living by begging from door to door , and as a peter martyr observes , to be ventris potius quam ecclesiae ministros , ostiatim validè mendicare , & non mendicantes , sed manducantes appellari : and thereby subvert our church and religion with them in very few years space , open such a wide door for the pope and whole body of popery to flow in upon us again with an impetuous irresistable deluge , that we should no waies be able to resist their progress till they were re-estated in their former supremacy and prevalency amongst us . and then rhose very romish factors who are now so violent against tithes and rectories , of purpose to starve our ministers out of them , and their ministry for the present , will not only forthwith resume ( as they did in b queen maries daies ) their pristine abolished pontifical power , and set up their ecclesiastical consistories , high commissions , and bloudy inquisitions amongst us , higher than ever they were in former ages , to the utter extirpation of our protestant ministers and professors too , but likewise presently resume into their hands all those rectories , tithes and antient dues , whereof they now endeavour to deprive our ministers ; with all our late arch-bishops , bishops , deans , chapters , cathedrals lands and revenues , as sacrilegiously alienated from the church , against the lawes both of god and man , as well as against their popish b canons , by those who had no right to dispose of them if they proceed to resume all abby lands too in protestant hands at least . and then all late or antient purchasers of such lands , now confederating with them out of covetousness , ambition , rapine , or other respects , will repent too late of their inconsiderable , unrighteous , unchristian complyance with them against our ministers glebes and tithes , and have as ill a bargain in conclusion , as divers old projectors had in the purchase of our crown revenues , when resumed , or setled in the crown again , by many special c acts of resumption , for the publick weal and ease of the people in their taxes , as being the constant , standing revenue of the whole kingdom to defray its ordinary publick expences , which none can or ought to alien or purchase from the republick to enrich themselves by the publick losse . wherefore i shall now refer it to their saddest thoughts to consider , whether it will not be far safer for all such army-officers and others who have purchased church lands , to joyn together with all such zealous protestants who desire the continuance of our ministers antient tithes and maintenance ( more aimed at than impropriators tithes ) against these jesuites and romish emissaries now oppugning them ; and to us : their utmost endeavours to detect , apprehend , prosecute , execute all our former good laws against them , to prevent their mischievous present and future designs against our ministry , church , religion , nation ; than ignorantly or wittingly to confederate with and assist them to accomplish their present sacrilegious projects , to ruine us ( and themselves with their posterities ) in conclusion ; and thereby incur the self-same crime , charge of high treason which themselves and the whole parliament of england so lately prosecuted against canterbury in the 7 , 8 , 9 , 11 , 12 , 13 , & 14. d articles of his original charge , for which he lost his head on tower hill. to draw to a cloze of this proposition , i shall desire all truly fearing god throughout the nation and army too , sadly to consider these particulars . 1. that those who are the chiefest sticklers against tithes and our ministers setled co●rcive maintenance ( especially jesuites and anabaptists ) are the greatest professed open adversaries to our ministery , church , religion of all others , desiring nothing but their utter ruine , as their late printed pamphlets and petitions manifest : therefore to gratify them in their designs herein , is to ruine all at once , for whose defence we have spent so much christian bloud , treasure , pains of late years , against the common enemy and jesuited popish party . 2. that many of those who in their printed papers , have decryed our ministers tithes and coercive maintenance as inconsistent with the peoples liberties , and a great bondage to them , have as b earnestly declaimed against all inclosures , coppy hold tenures , land-lords old rents , services , antient customes , imposts , which being not so antient , nor ratified by so many statutes , charters , muniments of all sorts as tithes are , will not be able to stand before their opposition and arguments against them , if our tithes and ministers glebes should once fall before them 3. that if our besotted nation shall be so stupid as to admit or permit any company of persons whatsoever a sufficient legal power or jurisdiction without any pretended crime , attainder , legal conviction , or trial by their peers , at their meer wills and arbitrary discretions , to deprive all our godly ministers throughout the nation of their rectories , tithes and antient dues , though ratified by the law yea gospel of god himself , by an uninterrupted title , prescription in their predecessors from the very first planting of the gospel in our nation , and more hundreds of years , than the antientest families in the nation have enjoyed their inheritances , by more charters of our kings , more particular lawes , statutes of our successive parliaments in all ages , than all the nobility , gentry , corporations , commons of the realm are able to produce for the rights , titles , defence of their particular lands and inheritances , against the rapines , intrusions , claims , seisures , confiscations , sales , alienations of any either claiming or usurping such a power or jurisdiction by the sword or otherwise : they will thereby both admit them and invest them in as sufficient a legal power and jurisdiction , without the least pretended crime , attainder , legal conviction , or trial by their peers , at their meer arbitrary wills and discretions , to deprive , strip all the nobility , gentry , corporations , commons of the realm of all their mannors , lands , inheritances , estates , chattels , privileges , franchises whatsoever ; being not so well fenced by the laws of god and men against their rapines and depredations as tithes are ; and those who will make no conscience upon any grounds or pretences to invade the one , will make no scruple to act the other , as the histories of a jack cade and his complices practices , designs at home , and the anabaptists abroad will sufficiently attest . yea it will be but just with god to engage such arbitrary powers to act the later , to the ruine of them and their families , if they shall either assist , permit , encourage them by their silence or cowardice , to perpetrate the other , to the disinheriting of the church , the ruine of their faithfull ministers themselves , and that very religion which they pretend to profess and practice . 4. that as tithes are the fittest maintenance for ministers of all others , as invented , appointed by the very wisdom of god himself , and the best , the wisest of his saints in all ages ; holding the self-same proportion in relation to the ministers and parishioners in times of plenty and dearth , good years or bad , fair harvests or foul , rising or the falling of the prices of corn , lands , and other commodities ; affecting them both alike with the mercy and bounty of god in times of plenty , and the judgments of god in times of scarcity , or unseasonable weather ; more easily parted with by the country-man in kind , by several small parcels as they grow due , than in ready money in one or two intire sums , which they are most loth to render and part from of any thing , as that they b most affect : yea farr lesse troublesom to , more convenient for our ministers persons , families and necessary cattel , than bare stipends , which must enforce them to run to markets to buy all their corn and other provisions both for their houshold , horses , cattel at the dearest rates . so if this maintenance by tithes be once abolished , either before any other competent maintenance setled in its steed , lesse grievous and inconvenient than tithes , ( which all wise men in the world will never be able to invent , much lesse to establish as things now are setled ; ) or ministers left wholy to an arbitrary , unconstrained benevolence without any limited proportion , or means to recover it if detained , as some now petition : this expected proposed unconstrained maintenance would in verity and reality , signify just nothing , and be no maintenance at all , in the petitioners own sence and intention ; as appears by john cannes forecited passages , and the very words of their petitions ; since they refuse to pay them their very tithes yet due by law , and never freely contributed one penny to them for their ministry , which they revile , disclaim as antichristian . wherefore if any new-fangled politicians resolve to settle such a new maintenance only insteed of the old , for the peoples pretended ease ; let them first establish , settle an arbitrary excise , custome , uncoercive voluntary impost , and monthly contribution as this on the people for maintenance of the army and navy , ( not so simply necessary as the ministry for our real welfare ) without any compulsory means to recover it if not freely rendred , till the next harvest come , and see what a competent maintenance that will be for the souldiers and seamen ; and provide that all tenants for the year ensuing , shall render only what rents they please to the state , their landlords , & lessees , who shall have no power to distrain , sue , or enter upon any of them in case they deny to pay their rents : and ●rie what a certain annual revenue this whimsy will produce to the states and land-lords purses : or else give over this jesuitical anabaptistical devised new maintenance for our ministers , as a stratagem only to starve their bodies , and their peoples souls , without any more debates concerning tithes , to gratify such malicious projectors , and offend all godly people through the nation , who deem this old way of maintenance , of gods own prescription , farr better , lesse inconvenient in all respects than this arbitrary or any other new-fangled way of these or other mens invention . 5ly . that although god by his divine providence is able to support the faithfull ministers of the gospel , though totally stripped naked of all their glebes , tithes , antient maintenance , through the unrighteousnesse or malice of ungodly men , as he did the apostles and his ministers in all ages , in times of persecution ; yet let all such who have , or shall have a hand in such a sacrilegious design consider , 1. that they shall be as bitter enemies to and persecutors of the ministers of christ amongst us in and by this very project , as a julian the apostate christian was to gods faithfull ministers in the primitive times , when he took away their preferments , glebes , and church revenues ; as the high commissioners and prelates were of late to all those godly puritan ministers whom they deprived of their benefices for non-conformity to their ceremonies , and no real crime de●erving such an inhuman censure , depriving them of their livelyhoods . 2ly . that they shall hereby draw a great scandal upon our very religion it self , church , nation , render them odious , sacrilegious to all foreign churches , nations ; gratify , rejoyce the hearts of the pope , jesuites , papists and other professed enemies of our religion ; accomplish their designs against our church and ministers ; exceedingly sad the hearts , and grieve the righteous souls of all gods faithfull saints amongst us , of all protestant churches in foreign parts , and draw this just censure on themselves , 2 pet. 2. 14 , 15. an heart they have exercised with covetous practices , cursed children , which have forsaken the right way , and are gon astray following the way of balaam , the son of bosor , who loved the wages of unrighteousnesse . these are wells without water , clouds carried with a tempest , to whom is reserved the mist of darknesse for ever . 3ly . that although god should miraculously preserve a faithfull able ministry and his true religion still amongst us through the bounty and charity of other well affected christians , yet they have done their uttermost endeavours to destroy them , and the peoples souls with them , both for the present and succeeding ages . 4ly . that this unrighteous violent act will in all probability bring in a world of confusion , atheism , schisms , heresies , divisions , contentions , blasphemies , disorders amongst us , in all places ; a b famine of the sincere preaching of gods word ; a neglect and contempt of learning and piety ; a c dilapidation , spoliation of all or most parish churches , chapels ; a confusion of the bounds of all parishes , and parochial congregations ; and bring all those calamities on our nation , as it did upon the israelites when jeroboam thrust out the priests and levites from their glebes , suburbs , ministry : thus registred 2 chron. 15. 3 , 5 , 6. now for a long season israel was without the true god , and without a teaching priest , and without law ( as some would have us now ) and in those days ( mark the consequence ) there was no peace to him that went out , nor to him that came in , but great vexation upon all the inhabitants of the country : and nation was destroyed of nation , and citie of citie , for god did vex them withall adversity . in which condition they continued , till king asa and the people renued , repaired the decayed altar , house and worship of the lord , gathered all the people to jerusalem to worship god , and enter into a solemn covenant and oath to serve the lord god of their fathers , with all their hearts , and with all their soul : and that whosoever would not seek the lord god of israel , should be put to death , whether small or great , man or woman : offred sacrifices to the lord of the spoyl they had taken from the enemy , 700 ▪ oxén and 7000. shéep ; and brought into the house of god , the things that his father had dedicated , and himself had dedicated , silver and gold and vessels ( formerly taken thence ) and then there was no more war in divers years . v. 8. to the end of the chapter . and probably our wars , taxes , vexations will never end ; till we give over our late irreligious , sacrilegious rapines , church robberies , and do the like , as this pious king and his people here did . 5ly . that this discouraging , robbing , abusing , despising , mocking , misusing , of gods messengers , prophets sent amongst us , and of all his and their words against our wicked atheistical , sacrilegious rapines , is the high way to provoke the wrath of god to rise against us till there be no remedy , yea to bring in a powerfull foreign nation upon us to pillage , waste , destroy , enslave our whole nation , extirpate us out of the land of our nativity , and carry us captives to a foreign nation , as it did gods own people heretofore . 2 chron. 36. 15 , to 22. sufficient motives to deter us from such a dangerous practice . 6ly . i must inform our army officers and souldiers , that it is expresly against the very laws and rules of war even in a foreign enemies country won by conquest , to rob , destroy , pillage churches , temples , or things devoted for the maintenance of gods publique worship ; which not only the best christian generals , and souldiers , but many heathen and mahometan generals , princes , commanders made conscience not to plunder , deface , demolish or substract , as grotius proves at large by many instances in his book de jure belli . l. 3. c. 2 , 12. sect . 6 , 7 , 8. annotata on them . how much more then is it against the law of war and armes it self to make a prey , plunder of churches , rectories , glebes , tithes in their own native country , against their own consciences , covenants , commissions to defend them ? yea such generals , souldiers and whole armies who have made no conscience to observe it , have been frequently destroyed for their sacrilege , as many heathen historians observe , as well as christian : herodotus , in my edition p. 7 , 8 , 44 , 167 , 168 , 169 , 170 , 187 , 349 , 350 , 460 , 461 , 568. diodorus si●ulus bibl. hist . p. 622 , 781 , 782. dion cassius rom. hist . p. 589. justini historia ● . 8. p. 87. l. 24. p. 227 , to 231 , 269 , 271 , 308. caelius rhodiginus ant. lect. l. 18. c. 29 eutropius rer. rom. hist . p. 175 , 228 , 334. paulus diaconus p. 417. nicetus hist . p. 48 , 50. laurentius begerlink . chronogra : p. 137 , 189 , 263. record sundry examples of this kind , both among pagans and christians , to deter others from this dangerous destructive sin : which if they neglect & scorn , i shall then desire them to remember that saying of euripedes an heathen poet in his troadibus , that he shall receive the like exemplary punishment . homo quisquis urbes vastat , & dis manibus sedes sacratas , templaque , haud recte sapit , nam similis ipsum pestis excidii manet 7ly . it is the resolution of d seneca the philosopher . quisquis id quod deorum est , sustulerit & consumpsit , atque in usum suum vertit , sacrilegus est : and all e canonists , casuists , schoolmen , divines whatsoever accord ; that it is sacrilege for any persons or powers whatsoever to invade or take away any thing which our ancestors or any others have solemnly vowed , dedicated for the necessary maintenance of gods publique worship and ministers under what specious pretext soever it be done . therefore to take away or abolish our ministers tithes , glebes , rectories and other dues conferred on them by our pious ancestors , and make spoyl , havock of the churches , edifices erected by them for gods publique worship , must questionlesse be sacrilege ; as god himself expresly defines , mal. 3. 8 , 9. with all commentators thereon , old and new ; and gratian caus . 16. qu. ● . this the famous emperor , souldier charles the great , and ludovicus surnamed the godly and most christian , joyntly resolve , capit. caroli & ludovici l. 6. cap. 285 , 295 , 296 , 115 , 305. & l. 7. c. 104. where they thus conclude . scimus res ecclesiae deo esse sacratas ; scimus eas esse vota fidelium , & pretia peccatorum . quapropter , si quis eas ab ecclesiis quibus a fidelibus collatae deoque sacratae sunt , au●ert , proculdubio sacrilegium committit . caecus enim est qui ista non videt , &c. si ergo amico quippiam r●pere furtum est , ecclesiae vero fraudari , vel abstrahi indubitanter sacrilegium est omnes enim contra legem facientes resque ecclesiae dirimentes , vel ecclesias sacerdotesque contra divinas sanctiones vexantes sacrilegi vocantur , atque indubitanter infames sacrilegique habendi sunt , &c. what penalties have been inflicted upon such who were guilty of this sin by christian princes in foreign parts : i shall briefly inform this sacrilegious age . f theodoricus king of the gothes in his edict . c. 125. enacted : that if any man should violently take any thing from churches , he should lose his head . and alaricus the gothish king , though an arrian , when he took rome by force of armes , and his " souldiers had taken the sacred vessels out of st. peters church there , and brought them to him ; commanded them to carry them back again to the church , with their own hands which took them thence , ut cupiditas quae depraedationis ambitu admiserat scelus , devotione largissima deleret excessum : " as cassiodor relates , l. 12. epist . 20. among the a friseans laws made by their wisemen , tit. 12. de honore templorum ; this is one ; he who shall break a church , and take away the holy things thence , let him be carried to the sea , and in the sand which the tide is wont to cover , let his eares be slit , and he be gelt , and then let him be sacrisiced to the gods whose temples h● hath violated . the neopolitan laws l. 1. tit. 5. enact ; that whosoever shall violently break open a church , and take away any gifts or consecrated vessels thence , shall be punished as a capital off●nder , and lose his life . b charles the great and lewes the godly , enacted ; that if any person violently took from any church , priest or minister any thing belonging to them , and were convicted thereof , or confessed the same , he should have sentence of death given against him , as guilty of sacrilege , and that it should be not only lawfull , but commendable , to prosecute and avenge this sacrilege and injury done to the church , priests and ministers , as a publique crime , deserving punishment , and that if any did sacrilegiously invade or molest the possessions and lands of the church , he should be perpetually banished for it . capit. caroli & ludovici l. 6. tit. 113 , 125. and tit. 305. they thus determine . all things that are offered to the lord , are without all doubt consecrated to the lord , and not only the sacrifices , which by the priests are consecrated upon the altar to the lord , are called the oblations of the faithfull , but what things soever are offred to him by the faithfull , whether in sacrifices or in fields , vineyards , woods , medowes , waters , water-streams , artifices , books , uten●ils , stones , buildings , vestments , wools , garments , cattel , parchments , moveables and immoveables , or whatsoever , which of these things are made to the praise of god , or the supplement of the holy church of god , and his priests , and which may give ornament unto them , whether they be freely offered by any one to the lord and his church , are undoubtedly consecrated to the lord , and belong to the priests right . and because we truly acknowledge the lord and his church to be one person ; what ever things are the churches are christs ; and whatsoever is offered to the church , either in the aforesaid things , or in any other kinds , o● by promises , or pledges , or writings , or in corporal things are offered unto christ , and what things by any devise are alienated or taken from his church , either by alienating , or by wasting , or invading , or by diminishing , or by rapine , are taken from christ . and if it be robbery to take any thing from a friend , it is sacrilege to take away , alienate , substract , or waste any thing especially from christ , who is king of kings and lord of lords . for all robbers of the church are most apparently sacrilegious persons , and no sacrilegious person , unlesse by pure , approved and publique repentance , and by satisfaction to the church , and by imposition of the bishops hands , and reconciliation according to the canonical sanctions , shall inherit the kingdom of god ; and shall not only be secluded the kingdom of god , but likewise be shut out of the limits of the church , especially of the church he hath ruined , and shall be excommunicated thence , until the foresaid satisfaction given . and the perpetrators of such wickednesses , ought to have no communion at all , either with the living o● dead , till after such satisfaction given . because who ever violently takes away his neighbours money , commits iniquity , but sacrilegious persons are not only thèe●es , but likewise wolves and man-stayers and murderers of the poor , and accursed , damned persons before god and his saints . and if so , as these two pious emperors , by their lawes , with many a protestant writers ( as well as papists ) resolve ; and all sacrilegious persons , taking any vessel or v●ensil out of a church , though of small value by our b own lawes too , as well as theirs , be sacrilegious persons worthy to suffer pains of death , as felons ; those who shall openly sacrilegiously rob , or attempt to rob and spoyl all the godly painfull ministers of our nation of all their tithes , rectories , glebes , churches and church-yards too at once , are doubtlesse sacrilegious persons in the highest degree , deserving to suffer a temporal infamous death and execution , ( better than any high-way theeves or robbers ) at tiburn , or to be eternally banished the nation , c excommunicated all christian society , and had in perpetual execration , for this sacrilegious rapine , both by god himself and all good men , unlesse they repent and make full publique restitution , satisfaction for this their detestable sacrilege . lastly , if any officers or souldiers pretend , we are now a conquered nation ; that conquest makes all sacred things , prophane and common to the conquerors ; and that churches may be justly spoyled of their materials , vessels , glebes , tithes , in such a case for the pay and benefit of the conquering souldiers , as d some affirm . therefore they may now justly deprive our ministers of their tithes , glebes , rectories , churches , church-yards , to pay , maintain themselves and the conquering army , yea alter , change our laws at present ; as they now attempt , and divers of them openly professe they intend to doe . i answer , 1. that the lords and commons , the very last parliament , when they first raised the army , in e their petition to the late king , sent to his excellency the earl of essex , to the army , and by him presented to his majestie sept. 24. 1642. or soon after , used this expression . that the prevailing popish party with his majestie , who by many wicked plots and conspiracies have attempted the alteration of the true religion , and the antient government of the kingdom , the introducing of popish idolatry and superstition into the church , and tyranny and confusion into the state , and by corrupting his councels , abusing his power , and sudden and untimely dissolving of former parliaments , had often hindered the reformation and prevention of those mischiefs . and in prosecution of those wicked designs , had ( as the most mischievous and bloudy designe of all ) drawn his majestie to make war against his parliament and good subjects of this kingdom , and to lead in person an army against them ; as if he intended by conquest ( mark the word ) to establish an absolute and unlimited power over them . and in their f remonstrance nov. 2. 1642. in reply to his majesties answer to their remonstrance of may 26. 1642. they charge this as the last doctrin and position of the contrivers of his majesties answer ; that the representative body of the whole kingdom , is a faction of malignant , schismatical , and ambitious persons , whose designes is and alwaies hath béen to alter the whole frame of government both of church and state , and to subject both king and people to their own lawlesse arbitrary power and government , and that they design the ruine of his majesties person and of monarchy it self and consequently that they are traytors , and all the kingdom with them : ( for their act is the act of the whole kingdom ) and whether their punishment and ruine , may not also involve the whole kingdom in conclusion , ; and reduce it into the condition of a conquered nation ( mark the words ) no man can tell : hut experience sheweth us ( as now it doth in good earnest more than ever ) that successe often carries men not only beyond their profession , but also many times beyond their first intentions . for an army , officers then , professing themselves true born english men , eminent godly saints , preservers of our nations liberties against regal tyranny and enchroachments , originally raysed , commissioned by both houses to protect our lawes , liberties , religion , church , government , parliament , nation , from an intended conquest by the late kings army ; to establish an absolute unlimited power over us , and from being reduced into the condition of a conquered nation , after the total routing of the kings army , power , now at last to plead , to averr , we are now a conquered nation ; in respect of themselves , and thereupon to endeavour to establish an absolute unlimited power over us , by altering the whole frame of government both in church and state , changing the body of our lawes yea antient constitution of our parliaments ; abolishing our very ministers rectories , tithes , dues , or diverting them to pay , maintain themselves ; yea now to act over the very self-same things , which both houses then charged upon the late beheaded king and his malignant popish councel ; thereby verifying these his predictions of their forementioned designs in every punctilio , ( then utterly disclaimed by both houses as the highest scandal to them , and their sincere loyal intentions ) and making him a truer prophet , than their new merlin , lilly ; will not be only most scandalous , dishonourable to them , but monstrous , treacherous , perfidious , if insisted on , or persisted in , both in the judgement of god , angels , men , and their own consciences too . wherefore i presume on second thoughts , they will disclaim this plea both in words and actions . 2ly . they were all raysed , waged , commissioned by the late parliament and well-affected people , not to sight against , conquer or subdue themselves , but to preserve them , their lawes , liberties , privileges , estates , our churches and religion against the common enemies and invaders of them therefore they cannot stile themselves conquerors of those persons , things they never fought against , but only for , unlesse they will now declare their secret intentions , were ever crosse and contradictory to their open commissions , vowes , covenants , protestations , words , and printed declarations to god and those that raised , waged them for their safety and defence alone ; and thereby proclaim themselves the greatest hypocrites under heaven , and therein as treacherous to their own native country and those who trusted them , as the a mamalukes of egypt , the pretorian soldiers of rome were to their lords and masters of old ; which i hope they will disclaim . 3ly . it is a resolved case by the law of nature , nations and war it self , as grotius proves at large , de jure belli l. 3. c. 6. sect . 8 , 9 , 10 , &c. that things gained by conquest in a war , ought to redound not to the officers , souldiers , generals , who manage the war , but to the kingdom , nation whose servants they are , and both commission and pay them their wages , as the servants , apprentices gains redound to their masters cosfers , not to them . qui sentit onus , sentire debet & commodum : being both a principle in the law of nature , reason , and in our common law too . hence b all the roman generals and military officers , brought all the silver , gold , treasures , spoyls of war into the publique treasury , putting none of it into their private purses ; and all the lands , countries they gat by conquest were the republiques only , which bore the charges of the war , not the victorious conquering generals or souldiers . therefore the officers and army being commissioned , raised only for , and constantly paied by the parliament , people , for the ends aforesaid , never warring on their own free cost ; what ever treasures , lands , powers , spoyls they have gained by their victories , conquests , are of right the parliaments , nations , peoples only , not their own ; therefore the parliament , nation , people cannot , must not be over-awed , used , reputed by them , as their meer conquered vassals , but as their soveraign lords , and true proprietors of all the territories , lands , treasures , powers they have gained by their conquests . 4ly . that conquest is no just or lawful title , was long since resolved by the greatest conqueror ever england yet bred , even our famous british conquering king arthur , in the greatest parliamentary councel ever yet held within this isle , whereat were present no lesse then 12. kings besides king arthur , and an innumerable company of princes , dukes , nobles , prelates of the british , and most other neighbor nations ; as geoffry monmouth , hist. regum brit. l. 9. c. 12 , 13 , 14 , 15 , 16 , 18 , 19 , 20. records . all these , when lucius procurator of the roman republique , came to demand that antient tribute reserved by julius caesar from this isle of britain when first conquered by him , then in arrear ; and threatned to levy is by force of arms , if denied ; meeting together in a great councel or parliament specially assembled for that end : resolved , that the said rent pretended to be due to the romans from the britons , because caesar by reason of the britons divisions being invited hither with his forces , enforced them ( their countrie being then shaken with domestique troubles ) to submit themselves to him by force and violence ; could not in justice be demanded of them : because this tribute being gained in this manner was unjustly received . nihil enim quod vi & violentia acquiritur , iuste ab ullo possidetur qui violentiam intulit . for nothing which is gained by force and v●olence , is justly possessed by any who hath offered and done the violence . irrationabilem igitur causam praetendi● , qua nos jure sibi tributarios esse arbitratur . therefore he pretends an irrational cause , whereby he supposeth we are of right tributaries unto him . and because he presumes to exact from us id quod injustum est , that which is unjust , by the like reason let us demand a tribute of rome from him ; and he who shall prove the stronger , let him carry away what he desires to have . for if because julius caesar and other roman kings heretofore conquered britain , he determines tribute is now due unto him for this cause : i now also think , that rome ought to render tribute unto me , because my ancestors heretofore got it by conquest : whereupon they all resolved to assist king arthur with their armes against this unrighteous tribute , and title to it by conquest ; and professed they would spend their lives in the quarrel . ipsa enim mors dulcis erit , dum enim in vindi●●ndo patres nostros in tuendo libertatem nostram in ex●l●ando regem nostrum perpessi fuerimus . wherefore conquest now can certainly be no just , no lawfull plea , title for any of our officers or souldiers , which this greatest conqueror and this great councel so long since damned as unjust and irrational . to which i shall annex " the resolution of our a noble king henry the 2d . and of all the bishops , abbots , peers , earls , barons of england assembled in a parliamentary general councel of the realm at westminster , an. 1126 ▪ to determine a controversie between alfonso king of castile , and sancho king of navarre , concerning divers castles and territories in spain , won by war and conquest by sancho king of navarre from alfonso , whiles he was a pupil and orphan ; which they both submitted to their final determination , who having heard both parties , unanimously resolved ; that these castles and lands should be restored to alfonso , by king sancho , with all their bounds and appurtenances : quia per bellum violenter & injuste abstulisset : because he had violently and unjustly taken them away by war : which resolution was confirmed under the kings great seal , and sent unto these kings " . therefore conquest alone can be no just , no legal saintlike right , title to any lands , possessions , powers violently , unjustly gotten , claimed by wars by our swordmen now , after these two antient famous parliamentary resolutions in point , even between foreign conquering princes , much lesse then between those native englishmen , who raised , waged our army and officers to defend , not conquer them in a meer intestine civil war. 5ly . * william duke of normandy , edward the 3d , henry the 4th , edward the 4th , and henry the 7th , though they all came to the crown by the sword and conquest of their competitors , yet they never claimed the crown nor kingdom by conquest , but title only ; nor esteemed the english , irish , or welch a conquered nation , nor altered our antient government , laws , liberties , parliaments , or ministers tithes and maintenance , but confirmed them , as all our histories manifest in their lives , and statutes made by them in the beginning of their respective reigns attest , & i have a formerly proved in the case of william commonly stiled the conqueror , who ratified all our liberties , laws , customs , franchises presented to him upon oath , without the least alteration , diminution , or prevarication , to the peoples great content . yea , king henry the 4th . as placita corone , rot . parl. 1 h 4. n. 17. record ; did in the first parliament held by him after his conquest of richard the 2d . make this memorable declaration to his people , entred in that roll. that he claimed the realm and crown of england with all their members and appurtenances as right heir thereto by bloud , by descent , and by the right god had given him , through the ayd of his parents and friends for to recover the said realm , which realm was upon the point to be undone for want of government and abrogating of the laws and customs of the realm . and that it was not his will , that any should think , that he would by way of conquest disinherit any one of his heritage , franchise or other right which he ought to have ▪ nor to out ( or deprive ) any man of that he had or should have by the good laws or customes of the realm ( all which he confirmed by a special act before 1 h. 4. c. 1. ) but only those who were against his good purpose , and the common profit of the realm , and were guilty of all the evil come upon the realm , and were adjudged guilty thereof in that parliament , as sir william le scroop , sir henry green , and sir john bassy , whose lands only he would have by conquest , as forfeited by their treasons . whereupon the commons thanked the king , and praysed god that he had sent them such a king and governour . upon all which considerations , and the resolution of learned b grotius , with others quoted by him ; that by the very laws of war even those who are conquered by foreign enemies , ought to enjoy by permission of the conquerors , their own laws , liberties , magistrates , religion , and a share in their government , ( much more in such a civil war as ours , where the souldiers , generals can pretend no conquest over those who raised , waged them for their just defence against conquest , and invasion of their laws , liberties , government , magistrates , rights , privileges ) i hope those vaporing officers , souldiers who have formerly cried up , pleaded , practised this pretended title of conquest amongst us , and used many of their former masters , raisers , and the whole nation , more like to conquered enslaved people , than their fellow christian brethren and freeborn englishmen , who have paid them so well for all those services they imployed them in ; will henceforth totally renounce this their false usurped injurious plea , title ; and no more persist under pretext thereof , to deprive our ministers , church , peers , parliaments , nation of their very native freedomes , liberties , franchises , rights , laws , government , lands , possessions , which they were purposely commissioned , waged , and by all sacred all civil obligations , trusts , oaths , vowes , protestations perpetually engaged to defend against the least violation or innovation , without their free and full consents in a due and lawfull parliament freely elected by them , not forcibly obtruded on them without their choise or privity . yea i trust they will be so just , so righteous towards me ( so great a sufferer by , under them only for discharging my conscience and bounden duty towards my god , our church and native country of england ) as no waies to be angry with me , or injurious towards me for this my new gospel plea ( interwoven with a legal and rational ) for the lawfulness and continuance of the antient setled maintenance and tithes of the ministers of the gospel , and the good old fundamental laws and liberties of the nation ; which their present busie endeavours to abolish , alter , subvert , beyond , yea against their trusts , commissions , callings , have necessitated me now to publish to the world , to preserve our church , state , ministry from new combustions and impendent ruine : but rather sound a retreat from these their heady proceedings ( which i fear the jesuites with their confederates the anabaptists , have engaged them so deeply in , to work as well their own as the publick speedy ruine both of our church , religion , state , ministry , nation ) and excite them to use the self-same deportment , words to me ( who have no private design nor interest of my own or other mens in this my voluntary undertaking , but only the publique safety and weal as enraged david did once to abigail , when she diverted him from his rash , bloody resolution to destroy nabal and his family for a churlish answer returned to him for his kindness 1 sam. 25. 32 , 33. now blessed be the lord god of israel which sent thee this day to meet me ; and blessed be thy advice , and blessed be thou which hast kept me this day from coming to shed bloud , and to avenge my self with my own hand : but if they shall by gods permission cast me again bound hand and foot into another fiery fornace for this my faithfull service , or not falling down and worshipping that golden ( or rather wooden ) image which they have or would now set up : i doubt not but that gracious god , who hath so miraculously preserved me in , delivered me out of so many a fiery trials and fornaces heretofore , will do the like again hereafter , and that in such a visible eminent manner , as shall enforce them at last to use those words unto me as nebuchadnezzar did unto shadrac , meshac , and abednego after their miraculous preservation in the midst of the fiery fornace into which the most valiant men of his army cast them bound by his unrighteous command , to their own immediat destruction by the flame , without the least hurt to them . dan. 3. 28. then nebuchadnezzar spake and said , blessed be the god of shadrac , meshac and abednego , who hath sent his angel , and delivered his servants that trusted in him , and have changed the kings word , and have yielded their bodies that they might not serve nor worship any god ( or idol ) except their own god. this being an undoubted truth , which i have ever hitherto found experimentally true from and in my former causelesse oppressors , ( whose erronious practices , vices i have reproved ) recorded by god himself and the wisest of all mortals . prov. 28. 23. he that rebuketh a man ( for his faults plainly ) shall afterwards find more favour , than he that flattereth ( him in them ) with the tongue . and that saying of the truth it self in such cases ( of difficulty and concernment to the reprover ) will ever prove an experimental verity , wherewith i shall conclude my plea , which i desire may be deeply engraven in the hearts , spirits of all timorous , base , unworthy christians , ( who dare neither speak nor write their consciences , nor discharge their duties in these times of danger , and will wrong both their consciences , country , posterity , yea shame their god , nation religion to save their estates , lives as they fondly conceit , when they will lose all with their souls to boot , by their base carnal fears ) math. 16. 24 , 25 , 26. luke 17. 33. if any man will come after me , let him deny himself , and take up his crosse and follow me . for whosoever will save ( or shall seek to save his life , so luke records it ) shall lose it ; ( and his tithes , lands , liberties with it ) and whosoever will lose his lise for my sake shall find it . for what is a man profited if he shall gain the whole world and lose his own soul ? or what shall a man give in exchange for his soul ? i shall cloze up all with this notable passage of our own learned writer , john sarisbury against such religious hypocritical cistersian monks who in his age sought exemption from payment of tithes , and seised upon the ministers dues about the year 1170. joannis sarisburiensis de nugis curialium l. 7. c. 21. de hypocritis , qui ambitio●is labem falsae religionis imagine nituntur occultare — hi sunt qui potestatibus persuadentes ut propter vitia personarum , jure suo priventur ecclefiae . decimationes et primitias ecclestis subtrahunt , et ecclesias ipsas accipiunt de manu laicorum episcopis inconsultis . hi sunt qui praedia avita subtrahentes indigenis vicos & pagos redigunt in solitudinem & in suos usus vicina quaeque convertunt : ecclesias diruunt & ut in usus revocant seculares , quae domus orationis fuerat , aut efficitur stabulum pecoris , aut opilionis , aut ianificli officina . et ut se possunt plenius exhibere & charitatis implere manus ne decimas dent , apostolico privilegio muniuntur . miror tamen ut fidelium pace ioquar , quidnam sit , quod decimas et iura aliena usurpare non erubescunt : inquient fortè , religiosi sumus : planè decimas solvere religionis pars est . et eas a deo populus duntaxat religionis ( solvere ) exigitur . hi adeo religiosi sunt quod in decimis dandis derogare possunt constitutioni divinae , & in eo licenter minus grati sunt gratiae dei quo eam amplioribus beneficiis experiuntur . finis . a postscript . it is storied of * canutus the 4 th . the 77 king of denmark , ( an eminent professor of piety , and religion , and great lover of justice ) that perceiving his subjects to stick at many things pertaining to christian religion , and not to conform to other christians throughout the world in laws and ceremonies , specially in the due payment of tithes to their ministers , he urged them out of religious piety , ut ritu aliarum nationum christianam religionem prositentium , decimas sacerdotibus suis soluerent ; that after the custome of other nations professing christian religion they would pay tithes to their priests : remitting to them a great fine imposed on them for their rebellion and contempt , in refusing to accompany him in an expedition against the english , to induce them thereunto . but they being perswaded the contrary by his brother olaf , thereupon rose up in rebellion against him ( specially the northern jutes , frequently perfidious , whom he could never induce to pay tithes ) and pursuing him to othense , cruelly murdered this their just and pious king in the church of st. alban , anno 1088. whom olaf succeeding , god presently sent such a great scarcity of corn and provision in denmark for 7. years space together , ( the intemperatenesse of the air blasting all their corn ) that many families , not only of the poorer , but richer and nobler sort died of famine , the people fighting with one another even for grasse to eat . at last the famin invading king olaf his court , he prayed to god ; that if he had conceived any anger against his subjects ( for not paying tithes and murdering their king ) he would satisfie his wrath upon him , not them ; and the same night , esurientem & parricidii p●nitentem animam efflavit : he died of hunger , repenting of his paricide . o that all english tithe-oppugners , and regicides would seriously meditate on this memorable president of divine justice , upon such delinquents , and be brought to timely repentance thereby , to prevent the like national and personal judgements , upon our nation , themselves and their posterities . errata . courteous reader correct these mistakes and omissions of the presse , occasioned by the authors absence in the country . page 2. l. 34. if , r. of , p. 8. l. 24. r wagria . p. 14. l. 20. r. inservierat pietati , l. 26. r. wilfrid , p. 21. l. 39. these , those , p. 25. l. 11. decima , l. 15. 17. aliendis , alienandis , p. 27. l. 27. r. 17 e. 4. c. 7. l. 37. parliament , l. 38. sommoneri , p. 28. l. 6. heu licet quod eo , r. quod licet de , l. 13. dele , ut , l. 16. indulgere , r. inducere , l. 19. quamplurimum , p. 29. l. 19. superlors , p. 30. l. 3. lord god , p. 34. l. 4. form , r. former , l. 6. last , r. lasting , l. 11 , 12. r. peril , reproach and slander of the gospel , l. 18. to , r. of , l. 27. bow down , p. 35. l. 25. who builded , l. 28. paris , r. parker , p. 39. l. 2. in egercituisse , r. his chaplain , p. 44. l. 34. 11. r. 1. p. 46. l. 13. they shall , p. 50. l. 6. balivis , l. 14 bonis , l. 15. praestiterunt , p. 51. l. 9. dele siquis igitur insanus importunitate , p. 63. l. 38. dele li , p. 66. l. 11. more , r. none , l. 36. or , r. of , p. 71. l. 3. for , r. from , p. 74. l. 4. jure , r. pure , p. 75. l. 2. partimacensis , portiniacensis abbatem , nautire , r. majoris , l. 6. clamianensis , cluniacensis , p. 76. l. 11. 6. 8. l. 18. elegant supremam , r. eligant sepulturam , l. 32. iliburg , friburg , p. 77. l. 8. praemonstratensian , l. 17. abuse , l. 31. deformations , reservations , l. 38. at least , p. 78. l. 15. replain , r. mepham , l. 37. grand , p. 80. l. 14. oxenetius , opmerus , p. 84. l. 23. r. charge of the cure , p. 85. l. 15. in sales , l. 23 , only , r. chiefly , p. 87. l. 4. fees , r. fines , l. 9. r. their families , p. 97. l. 17. of , r. or , p. 98. l. 27. as litigious , p. 101. l. 20. our , r. of , p. 104. l. 8. or unto , recorded both , l. 25. spoyls , r. soyl , p. 105. l. 10. requiring , r. inquiring , l. 33. spoyls , r. soyl , p. 107. l. 21. fere modum , r. propemodum , p. 110. l. 27. pugnavimus , p. 111. l. 16. inhabitances , r. inheritances , l. 23. people , r. priests , l. 31. dele or , p. 112. l. 39. if not , p. 113. l. 2. within us , p. 115. l. 39. dele of , p. 117. l. 5. thee , r. men , p. 118. l. 21 : lucius , licinius , p. 120. l. 35. brought , r. bright , p. 125. l. 27. for , or , p. 133. l. 20. which , with , p. 136. l. 13. syms , syrus , p. 150. l. 3. proceed not , p. 156. l. 28. nicetas , l. 29. beyerlink . in the margin , p. 6. over against good space , l. 32. read , at least 14. years , as is evident by gen. 15. 1. c. 16. 3. 16. c. 17. 24 , 25. p. 41. l. 8 , 9. monasteries , p. 47. l. 7. r. 757. p. 102. l. 5. ivonis , p. 110. l. 11. saxonicorum , p. 118. l. 22 , 23. ruffinus , p. 155. l. 15. am , um . an admonition to all protestants , ministers , lawyers , and others of whatever quality , within our three nations . be pleased to take notice , that as the new dissolved anti-parliamentary juncto at the beginning of their last session , and a little before their sodain dissolution ; did by their conscientious speaker , give the hearty thanks of the house and ( mock ) parliament , to the petitions of sundrie anabaptists , and other sectaries , ( headed by jesuites , and popish franciscan freers ) for their good affections , when they petitioned against tithes ; so the general council of officers of the army , usurping to themselves the soveraign legislative power and authority of the great general council and parliament of england , to evidence to the world , by whose counsels they are steered , whose designs they prosecute , and that they de●●●ve to be canonized for saints by the pope of rome in his roman kalendar ; have voted down our ministers tithes , ( and therewith our ministry too ) and in their printed declaration 27 october 1659. p. 18. ( since this gospel plea was finished at the press ) declare to the world , that it is upon their spirits , and they earnestly desire , and shall endeavour , that a full and through reformation of the law may be effected ( by abolishing those lawes they were raised , waged , commissioned to defend , and suppressing lawyers and terms at westminster , if not innes of court ; as also , that a faithfull , godly , and painfull gospel-preaching ministry , may be encouraged and provided for , by some certain way , that may be lesse troublesem to them , and lesse vexations to the people than tithes . ex cauda draconem . what debates , speeches many of our army-saints have lately had concerning the totall extirpation of tithes , ministers , law , lawyers , vniversities , corporations , several others can inform those whom it most concerns . whether saint johns description of the army of ( romish ) locusts , rev. 9. coming out of the smoak of the bottomless pit , who bad a king , or general over them , whose name is apollyon , that is to say , a destroyer ; be not a true character of our present army of saints , let all real english protestants judge , and what good cause they have to continue and pay them out of our quite exhausted bankrupt estates , to accomplish these good endeavours , after all their commissions nulled , expired , forfeited by their treacheries and rebellions against their old and new superiors ; faithfulness , loyalty , obedience in the most inferiour degree , to their old parliament , new protector , and anti-parliamentary juncto , ( † trees whose fruit is withered , twice dead , plucked up by the roots by them ) after all old protestations , covenants , & new commissions , ingagements , declarations , addresses to be true , faithfull , constant to them , and live and die with them , being such a capital crime in their general councils eyes , even in their own colonels , captains , souldiers ; as to demerit and incurr an unpardonable censure of utter cashiering out of the army , as traytors , enemies to , and apostates from the armies interest ; which is to be faithless , perfidious , treacherous to all superiors whatsoever : wit●● i● the vindication of 167. officers , come off from , and turned out of the army , in march 1647 , for their obedience to the old parl. the late cashiering of col. whaley , ingoldesby , goffe , and others for their fidelitie to richard , pr. & of col. okey , mosse , morley , and others , for their adhering to the dissolved juncto , though they drew not a sword , nor discharged one pistol in their defence ; which may be justly recompenced ere long by the common souldiers disobedience , treacherie , and infidelitie towards their present commanders , when they stand in most need of their assistance ; isa . 33. 1 , 2. finis . ten considerable quaeries concerning tithes , the present petitioners and petitions for their total abolition , as antichristian , jewish , burdensom , oppressive to the godly , consciencious people of the nation ; excited , incouraged thereunto by disguised jesuits , popish priests , friers , and romish emissaries , to starve , suppress , extirpate our protestant ministers , church , religion ; and bring them all to speedy confusion . by william prynne esq ; a bencher of lincolns inne . levit. 27. 30. all the tithe of the land , of the seed of the land , or of the fruit of the tree , is the lords , it is holy unto the lord. gal. 6. 6. let him that is taught in the word communicate to him that teacheth in all good things . calvin , in mal. 3. 11. videmus non esse novum vel insolitum si homines deo sua officia imputent , & interea manifestè eripiant ei ( decimas ) quod suum est , et ad se transferunt ; manifestè satis appareat eorum impietas , etiamsi velo simulationis sit obducta . london , printed for edward thomas at the adam and eve in little britain , 1659. ten considerable quaeres concerning tithes , and the new petitioners , petitions , concerning their abolishing . i. whether nine parts of ten of the present cager petitioners against our ministers tithes ( if strictly examined by the poll ) will not appear to be poor mecanical persons , of such mean inconsiderable fortunes , estates , condition , ( without any tithable lands , livings , estates , ) as are no ways interessed nor concerned in the payment of tithes ? and so fitter to be punished as factious , seditious , schismatical ; than thanked , encouraged as zealous , conscientious , well-affected persons , by those in present power ? ii. whether all or most of these petitioners , be not really greater enemies to our * ministers and their ministry , then they are unto their tithes ; petitioning purposely against their tithes in order to the subversion , extirpation of their ministry , function , and thereby of our protestant church and religion ? and that by the instigation , sollicitation of those disguised jesuits , popish priests , monks and * romish emissaries , ( the original broaches of this doctrine , that tithes are not due to ministers by divine right , and may be detained from them by the people , to gain them to themselves ; as you may read in mr. seldens history of tithes , p. 166 , 167 , 170 , 171. who now bear chief sway in most separate congregations of anabaptists , quakers , and other antagonists now attempting the present abolition of tithes ? if so ; ( as will appear upon an impartial inquisition ) whether such persons will not be fitter to be banished as antichristian , rather than tithes , and to be taken into publike consideration before the debate of tithes ? iii. whether there be not above one hundred religious well affected protestants , persons of honor , quality , estate lyable to the payment of predial tithes , and most concerned therein , who desire the constant payment and continuance of them for the maintenance of their ministers , to every one of those tith-payers who now petition against them as a grievance , though the tithes the most of them pay be not considerable ? if so , ( as is most apparent , by comparing the paucity and quality of the petitioners , with those who refuse to joyn with them ) whether it can bee conscionable , equitable , just , reasonable , * parliamentarie , to admit of any debates for the abolishing , or altering the payment of tithes , upon the petitions of so few malecontented sectaries , and unvaluable persons ; against the wills , consents , desires , of the generality and most considerable part of the nobility , gentry , farmers , citizens , freemen of the whole nation ? and that during the absence & forcible seclusion of most of those knights , citizens , and burgesses they duly elected to represent their persons , and give both their free votes , opinions , assents , and dissents , to whatever publike businesses should be propunded and ordained in parliament : therefore to this of tithes which is so universal , and so highly concerns both our religion and proprieties ? iv. whether it will not be an apparent breach of the great charter of england , ch . 1. & 29. that the church of england shall be free , and shall have her whole rights and liberties inviolable ; that no freeman shall be disseised of his freehold , or liberties , or free-customs , or be outlawed , ●●●led , or any otherwise destroyed , nor shall we pass upon him nor condemn him , but by the lawfull iudgement of his peers , and by the law of the land : and of above 40. other statutes for its confirmation fince , ( some of them in the last long parliament , now revived in pretext : ) for those now fitting to take upon them , the debating and voting down of tithes , or altering their usual way of payment in any kinde ( being the inheritance , right , liberty , free-hold of the church of england , of every particular church , patron , minister , impropriator , and many thousands of freemen in all parts of the nation ) without any lawfull summons given to them to appear before them , to defend , maintain their respective inheritances , freeholds , rights , interests in them , ( ratified by prescription time out of mind ; by sundry acts of parliament both under our antient * saxon , norman , english kings , and many late ordinances ( to which those now convened gave their votes , as fully as others now secluded ) as well as by divine right , institution both before , under the law , and gospel too ) without any lawfull judgement , hearing , tryal by their peers , or by the law of the land ? and whether this will be a consciencious real performance of their defence of the church of england , expressed in the writs by which they were elected ; or of their printed declaration , may 9. 1659 we are resolved ( by the gracious assistance of almighty god , ) to apply our se●ves to the faithfull discharge of our legal trust , to assert , establish , and secure , the property and liberty of the people in reference unto all , both as men and christians ? therfore of all patrons , ministers , members as well as others , unless they repute them neitehr men , nor christians . v. whether * john canne , with other adversaries to and petitioners against tithes as iewish and antichristian ; ought not first to prove them such , by clear unanswerable scriptures , evidences , demonstrations , to the conviction of the iudgements , consciences of the generality of the english nation , and all now sitting ? and to answer all the arguments authorities , scriptures , reasons produced by tyndarus , & rebuffus , in their treatises de decimis , dr. george carltons , tithes proved to be due by a divine right , london 1606. dr. robert tilleslee , his animadversions on mr. seldens history of tithes london 1619. sir iohn sempil his sacrilege sacredly handled , london 1619. stephen nettles his answer to the jewish part of mr. seldens history of tithes , oxon. 1625. richard mountague his answer to the first part of the history of tithes , london 1628. dr. william sclater , his ministers portion ; foulke roberts , the revenue of the gospel is tithes , due to the ministry of the word by that word , cambridge 1613. richard eburne , his maintenance of the ministry , london 1609. r. g. his truth of tithes discovered ; or the anatomy of annanias and saphiraes sacriledge , london 1608. my gospel plea ( interwoven with a rational and legal ) for the lawfulness and continuance of the ancient maintenance and tenths of the ministers of the gospel , london 1653. & others , to prove tithes due by divine right to the ministers of the gospel , and neither jewish nor antichristian , nor illegal , nor burdensom to the people in the least degree , being allowed in all leases , purchases , before they be voted down , abolished , and quite abrogated as such , upon their clamorous , scandalous petitions , suggestions , void of all truth ? vi. whether the present , and future pretended ease of the people in their tithes to their ministers , ( if effected ) will not be recompenced with an augmentation or duplication of their monthly taxes to the army , or in fines , rents to their landlords , to a far greater value than they now pay to their ministers , and be levyed with greater rigour and harder compositions , if deteined , than now they are ? according to saint augustines prediction , sermo 219. de tempore , if thou wilt not give thy tithes , dabis impio militi , quod non vis dare deo & sacerdoti ; hoc tollis fiscus , quod non accepit christus : thou shalt be sure to give that to an impious souldier , which thou wilt not give to god , and a pious minister : the exchequer takes that away , which christs hath not received ; as some parishes have found by experience to their costs and grief . vii . whether it be not a most arrogant , high , inexcusable presumption for a few giddy ▪ pated innovators in this age , to condemn , censure , not only the practise , wisedom , piety of abraham , the father of the faithfull , and all the people of god in the old testament , before and under the law , and of most christian states , churches under the gospel in paying , prescribing tithes , as the most equal , rational , just , convenient maintenance for the priests and ministers of god of all others ; but likewise of the wisdom , prudence , providence of god , who is a wisdom it self , and b god only wise , c whose very folly is wiser than men , in instituting , commanding such a constant , setled maintenance for them in his word , as the best , fittest of all others ; wherein both minister and people equally lose , gain , and sympathise with each other , which they cannot do with so much indifferency , equallity in any other way , which human wisedome could hitherto invent ? viii . whether it be not an infallable evidence , that those have neither the faith nor piety , and by consequence are not the sons of abraham , the father of the faithfull , in a spiritual or gospel sence , who refuse to do his d works and follow his steps , in paying tithes of all their spoils of warr to christ himself , a priest for ever after the order of melchisedeck , heb. 7. 4. as other soldiers by his example did both amongst israelites , christians and pagans too , num 31. 26 , to 54. 1 chron. 26. 26 , 27 , 28. mr. seldens history of tithes , c. 1. 3. and endeavour to spoyl them of all other tithes due from themselves , and others too ; reputing it an eminent degree of their saintship ? and whether this their practise be not likelier to bring them into hell torments , than into abrabams bosome in conclusion , if they repent not of it ? luke 16. 23. to 31. ix . whether all the inconveniences objected against ministers maintenance by tithes , be not rather fictitious , imaginary , than real , arising from the malice , covetousness , impiety , fraud , bypocrisie , injustice , rapine , perversenesse , litigeousnesse of the wilfull deteiners , opposers of them , rather than from tithes themselves ? since many ministers heretofore , and of late years , have lived all their lives without any sutes for tithes with any of their parishioners , and might doe so still , would they make a conscience to pay them without any sute ? whether those who refuse to pay tithes in kind to ministers now , out of a pretext of conscience ; will not upon the same pretence resuse to pay them any other maintenance that can be invented , and make it more litigious , contentious , uncertain than their tithes , since every innovation in this kind ingenders new suites & disputes , when all legal controversies , suites for tithes have been long since setled , resolved over and over , both in parliaments , and other courts of justice ? x. whether the admission , permission of those few commoners now acting without their fellows , ( being scarce the tenth part of the house ) to vote down , or take away the ministers tent●s , or reduce them into one publick treasury , to divide and distribute them at their pleasures , though amongst the ministers themselves at first , will not be a dangerous leading president and encouragement to them ( upon any pretended necessity ) to dispose of these tenths and the other * nine parts of every mans estate , and reduce the profits of them into their publick treasury , for the necessary defence , and preservation of their new-commonwealth , and the armies pay , as they did others sequestred estates heretofore , because tithes , though * originally dedicated as a peculiar portion , inheritance , and rent-service to god himself and his church , as the soveraign lord of all mens inheritances , specially reserved by him for his own immediate honour , service , homage , tribute , for all the other nine parts they enjoy by his free grace and liberality ; may be thus alienated and distributed at their pleasures ; therefore much more the nine remaining parts alotted unto men alone , for their own private , and the publick good ; over which they have a greater probabler , legaller jurisdiction , than over gods own peculiar portion , which might neither be alienated , exchanged , redeemed by any human powers , but only by the priests consents in some special cases for their advantage , numb . 18. 20. levit , 27. 28 , 29 , 30 , 32 , 33. deut. 12. 17. c. 14. 22 , 23. mal. 3. 8 , 9. ezech . 48. 9 to 15. which if once reduced into a new publick treasury , the ministers are like to have no other share nor better account of them , then of the tithes of southwales for som years last past , or of the deans & chapters impropriations for the augmentation of incompetent livings , swallowed up for the most part by the treasurers and their instruments , with little or no advantage to the publike , and less to the ministers , by reason of their unfaithfullness ; far different from those * treasurers for the tithes and first fruits brought to ierusalem , appointed by king hezekiah , over whom coniah the levite was ruler , who faithfully brought in and distributed to their brethren , the oblations , tithes , and dedicated things , as well to the g●cat as the small , without substraction or defalcation . the statutes of 27 h. 8. c. 20. 32h . 8. c. 7. 2 , & 3e . 6. c. 13. style those evil disposed persons , not regarding their duties to almighty god , and to the king their soveraign lord , who out of an ungodly and perverse will and mind detain all or any part or parcel of their tythes and offerings , enacting strict penalties against all substracters and detaine●s of them . how then they can now be reputed consciencious godly saints , unlesse inrolled for such in the roman kalendar , is worthy resolution : some of them ( as the quakers ) beginning of late to work on the lords day , denying god one day in seven , as well as the tenth of their annual increase , deeming both jewis● and antichristian , as they deem our ministers . ex cauda draconem . finis . notes, typically marginal, from the original text notes for div a70871-e450 a acts 13. 22 b matth. 1. 6. c. 9. 27. c. 15. 22. c. 22. 42 , 43 , 45. rom. 1. 3. rev 22. 16. c see iohn cannes epistle , before his second voyce ( nor ) from ( but against ) the temple , and many late petitions against tithes , from kent , somersetshire , wiltshite , and other places . d 3 e. 1. c. 5. ( see cook ibidem ) 7 h. 4. c. 14. 1 h. 5. c. 1. 1 h. 6 c. 7. 10 h. 6. c. 2. 23 h. 6. c. 11. 32 h. 6. c. 15. 9 h. 8. c. 16. 27 h 8. c. 26. 35 h. 8. c. 11. cook 4 instit . c. 1. e 2 sam. 16. 18 , c. 19. cl . 33 e. 1. m. 4. dors . 43. brook parliament , 101 , customs 6. & 32. grotius de jute belli , & pacis , l. 2. c. 15. sect . 3. c. 6 sect . 1 to 7. c. 13. sect . 14. 33 h. 8. c. 17. * in my quakers unmasked , 1655. and new dscovery of romish . emissaries 1656. * see my true and perfect narrative , p. 14. 20. 41. 49. 60 , 61 , 62 , 63. * from somersetshire wilshire and other places . f de republica hebraeorum l. 3. c. 3. g of the incarnation of the word . part. 1. branch . 2. ch . 1. in his workes in folio . london . 1636. p. 80● . ●0 ▪ 81● . h ephes . ●● 22 , ●3 . c. 4. 5. 15 , 16. c. 5. 23. col. 1. 18 c. ● . 10. 19. hebr. ● . 1. to 15. psal . 110. 1. 4. isa . 9. 6 , 7. rev. 1. 5 , 6. i rom. 4. 1. to 24. mat. 3. 9. luke . 16. 22 ▪ 24 , 30. acts. ● . 2. rom. 9. 7 , 8. gal. 3. 6. to the end . k see dr. sclaters ministers portion● p. 18. to 40. l see hebr. c. 5. to c. 11. ● john 2. 1 , 2. ps ▪ 110. 4. dr. jones , and others on the hebrewes ; dr. reynolds on psal . 110. 4. m acts 9. 15. c. 11. 1 to 19. c. 13. 46 , 47 , 48 ▪ c. 15. 7. to ●0 ▪ c. 21. 19. c. 28 ▪ 28. rom. 1. 1● . c. 11. 11 , 12 , 13. 25. c. 15. 9. to 19 , c. 16. 4. eph. 3. 5 , 6 , 7 , 8. col. 1. 2● . 2 tim. 4. 17 ▪ compared with mar. 10 4. luke . 2. 3● ▪ isay . 54. 3. c. 60. 3. to 17. c. 61. 6. 9. c. 62. 2. c. 66. 12. 19 , &c. ephes . 4. 11 , 12 ▪ 13. n 1 cor. 5. 17. eph. 5 ▪ 2. hebr. 5 ▪ to ch . 11. 1 john 2. 1 , 2. o the kentish petition , john cannes voice , m● . speed and many late quakers rayling pamphlets . p 2 cor. 12. 15. acts 6. 3 , to 7. 1 tim. 4. 13 , 15 , 16. heb. 13 , 17. 1 cor. 1. 23. c. 2. 2. gal. 3. 1. q gen. 14. 17 , 18 , 19. john 8. 58. heb. 7. 1 , to 15. compared with john 8. 39 , 40. r see gratian caus . 16. qu. 7. & surius , binius , crab , merlin , in their councils . ſ hermoldus hist , sla●o . rum , l. 1. c 92. edit . franc. 1581. p. 76. t history of tithes , p. 34. u see purchas pilgrimage , edit . a. p. 304 , 616 , 621 , 630. joan. leo africae descript . l. 3. x arnobius adversus gentes , l. 7. cato de re rustica , c. 152. mr. seldens history of tithes , p. 457 , 458. mountagues diatribae , ch . 3. y pliny nat , hist . l. 12. c. 15. seldens history of tithes , p. 33 , 34. mountagues diatribae , p. 551 , 552. z dionysius hallicarn : antiqu . rom. l. 1. seldens review , p. 459. a bibliotheca hist . l. 5. justin . l. 18. mountagues diatribae , p. 448 , 449. b see his orations against them : and mountagues diatribae , p. 576 , 577. xenophon de expedit . cyri , lib. 5. p. 349. 350 , 351. richard mountague his diatribae , c. 3. p. 500 , 501. * xenophon , hist . grae● ▪ l. ● . p. 493. * oratio de ag●silao rege ▪ p. 657. c degestis regum anglorum , l. 1. c. 2. p. 14. d ecclesiast . hist . gentis anglorum , l. 4. c. 16. e 1 cor. 14. ●● , 40. f psal . 24. 1. psal . 89. 11. psal . 97. 5. 1 chron. 29. 11 , 12 , 15 , 16. g psalm 115. 16 gen. 2. 15 , 16 , 17. c. 3. 17. h exod. 3. 14. i exod. 20. 10. levit. 23 ●● ▪ k see doctor sclaters ministers portion , p. 23 , &c. l luk. 17. 1● , 17. c. 19. 13 , 16 , 17. mat. 25. 1. ● . rev. 2. 10 c 5. 11. c 13. 1. c. 17. 3 , 1● , 16. mat. 18. 24. 1 cor. 4. 15. heb. 7. ● , ● . m purcha● pilgrimage , p. 304. 616. 621. 630. the writers of these several nations , realms and republikes , printed in 16. n rom. ●●● ▪ o origen , hom in num. c 18. ambrose , serm. 5. fer. 2 & augustin , serm. 219. jerom , in mal. 3. p ma●iscon : 2. can. 5. moguntiense . an. 813. & 846. & 847. concil . lateran . c. 54. ticmense sub leone 4. londinense : 2. ●oan : in gratian . su●ius , hoveden . q extravag . de decimis . c. 13 , 14 , 15 , 16. r see mr. seldens history of tithes , c. 5 , 6 , 7 , 8. bochellus , decret . eccles . gall. l. 6. tit. 8. dr. tillesleys animadversions , p. 4. to 30. ſ in his voyce . t see spelmanni concil : antiqu. eccles . brit. dr. usher de rerum britanicarum primordiis . ( v ) see 25 e. 1. c. 5. 34 e. 1. c. 1. cooks 2. instit . p. 529 , 532 , 533 , &c. & the petition of right 3. ca● . x see lucas os●ander , ●●chi●id . contr. cum anabaptistis . harmony of confessions , sect. 19. of the civil magistrate . my swo●d of christian magistracy supperted . y john 10. 16. c. 11. 51 , 52. eph. 1. 22 , 23. c. 2. 13. to the end , c. 4. 4 to 17. c. ● . 23 , to 3● . iohn . 17. 20. to 25. cant. 6. 9. ezech. 37. 16 , to 24. rom. 12. 4 , 5. eph. 1. 10. 1 cor. 10. 17. c. 12. 12 , 13. col. 3. 15. hebr. 12. 22 , 23. i say 66. 18 , to 24. z mal. 3. 6. iam. 1. 17. hebr. 7. 24. c. 13. 8. 1 tim. 5. 15 , 16. psal . 2● . 26 , 27. a rom. 14. 23. b gal. 〈…〉 12. 〈…〉 c 2 thess . 2. 3 , 4. d see sclaters ministers porportion , p. 224 , 225 , 226 , where he proves this by their parallel . a 〈…〉 r. 2. ●●at . 2. c. 4 12 r. 2 c. ●● . ● h 4. c. 14. 11 h. 4. c. ● . 1 h. 5 c. 1. 6 h. 6. c. 4. 8 h. 6. c. 7. 10 h. ● . c. 2. 23 h ● . c 11. 32 h ● . c. 15. 9 h. 8. c. 10. 27 h. 8. c. 26. ●5 h ● . c. 11. ●7 ●●● . the 〈◊〉 for triennial parliaments , cooks ● instit . p. 168 , ●●● . & 4 instit . p. 1. 45 , 46 , 47 , 48 , 49. * 1 cor. 10. 12. a 2 sam. 3. 39. b ●●●b . 10. 31. a rom. 12. 18. b cor. 13. 11. 2 gal. 5. 13. ephes . 4. 2. 1 pet. 3. 2. c 1 john 3. 16. d matth. 5. 44. rom. 12. 20. a isay 2. 4. micha . 4. 3. b psal 47. 1 , 6 , 7. 1 tim. 1. 17. c psal . 2. 6. ps . 48. 2. rev. 15. 3. iohn 1. 44. zech. 9. 9. a capgrave in vita iosephi , will. malmesbury de antiqu ▪ glastoniensis ecclesiae , spelman . concil . epist . dedicatoria , & p. 1. to 12. dr. vsher ecclesiae brit. antiquitates ▪ c. 1. godwin , mathew parker , speed , and sundry others . b antiqu. ecclesiae , brit. fox acts and monuments , spelman . concil . p 1● ▪ &c. dr. vsher eccles . brit. antiqu. c. 4 , 5 , 6. c ad an. 187. roger wendever ad an. 184. dr. usher eccles brit. antiqu. p 125 , 126 , 1078. galfridus monmuniensis , l. 5. c. 1. edit . hidelberg . a matth. westm . graftons holin●●●ed , fox and speed. b matth. westm . an. 307. dr. vsher eccles . brit. antiqu. c. 8. speeds history p. 156 , &c. baronius , an. 306. n. 16. c eusebius , eutropius , zonaras , grimston , speed , and others in his life , fox acts and monuments , vol. 1. a euschius de vita constantini , gildas , matth. westm . an. 318 , to 351. speeds history , p. 159 , 161. spelman . concil . p. 45 , dr. usher eccles . brit. antiqu . c. 8. throughout . a asser and others in his life . spelman in his epistle ded. to his councils . b cambdens britannia , oxfordshire . a spelmanni concil . p 360 ▪ a cambden● brit. & heylins microcosm , p. 458. b de ju●● bel ▪ ●● , l. ● . c. 1● . ●ect . 5 , 6 , 7. ●● annotata . a capgrave in prologo ad vitas sanctorum , spelmanni concil . in epist . d●d . & p. ●33 . a antiqu. eccles . brit. in the life of c●a●mer , fox , speed , hall , grimston in ● 8. & statut. rastal manas . se●as , rome . b mr. cambdens britania , spelman and others . a pilgrimage , 〈…〉 . 133. b fox acts & monuments , and others in his life , and the statutes in his reign . c 2 e. 6. c. 13. d speed , how , baker , cambden in her life , and the printed statutes in her reign : antiqu. eccles . brit. in the life of mathew parker , godwins catalogue of bishops in her time . a ezech. 22 , 30. b m. seldens history of tithes , ch . 8. a hist . anglia tigu●● , 158● . p. 52 , 53 , 246 , 247 , &c. b see ●ir edward cooks preface to his 2. instit . on magna charta . c see matth. 〈◊〉 , hist . angl. p 421 , 505 , 506 , 621 , 624. 838 , 839. the statutes at large , an. 25 ● . 1. after confirmatio cha●●●um . n. b. a epist . 82. ●● bochellus decret . eccles . gal. p. 966. bibl. patrum , tom. 12. pars . 2. p. 7 667 , 67. a cooks a report . the bishop of winchesters case . b fredericus lindebrogus codex legum antiqu p. 703. a rerum vngaricatum scriptores bonfinius , & nicholas isthuansis in vita sancti stephani . sancti stephani regis decretum secundum , c. 52. status regni hungariae , p. 19● . ● ▪ cor. 6. 8. a ●ee page 56 ; 58 , 59 , 65 , 68 , 75 , 79 , 83 , 84 , 85 , 89 , 90 , 241 , 243 , 268 , 297 , 298 , 584. b ioan. leo. geographical description of africa , l. 3. c pilgrimage , l. 6. c. 10. p. 614. d microcosm , p. 710. 711. 712. a ps . 105. 14 , 15. a as appears by their late petitions , and iohn cannes voyce . a exact collection , p. 59. &c. ● i say 29. 16. a matth. 22. 23 , 24. luke 11. 42. c. 18. 12. b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . mr. seldens review , p. 453. c eccles . hist . l. 4. c. 26. l. 6. c. 41 , 42. l. 7. c. 12. fox acts and monuments . vol. 1. a apologet. c. 39. b ambrose office. l. 1. c. 41. fox acts and monuments , vol. 1. p. 92 , 9● ▪ c pr. step● ▪ hym. 2. a operum , p. 278. b matth. 24. 12. object . 2. answ . a see my legal vindication against illegal taxes , and humble remonstrance against ship-mony . object . 3. answ . a hierom. super ezech. l. 14. ad cap. 44. josephus antiqu . jud. l. 4. c. 8. chrysostom hom. 4. in ephes . serm. 103. sir james semple sacriledge sacredly handled . joseph scaliger diat● . de decimis . mr. seldens history of tithes , and review , c. 2. purchas pilgrimage , l. 2. c. 7. richard mountague diatribae on mr. seldens history of tithes , c. a. & dr. tillesley and mr. nettles ibidem . dr. sclaters ministers portion , p. 17. a p. 299 , 304 , 306 , 312 , 314 ▪ 315 , 316 , 317 , 331 , 333 , 336 , 337 , 341 , 345 , 346 , 371. and elsewhere . dr. tillesley his animadversions on mr. selden , c. 11 , 12 , 13. littleton , chap. 6. frankalmoign and cooks institutes thereon : petrus damianus , l. 2. epist . 14. vt copiosiora in pauperes alimenta per●iciant , dantur ▪ in monasteriis & eremitis decimae quorumcumque proventuum , &c. a see mr. seldens history of tithes , c. 7. sect . 4. p. 165 , 166 , &c , b innocent 3. epist . decret . l. 1. p. 203. l. 2. p. 410. extrav . tit. de decimis , c. 3. ex multis . a ad extr. ti de parach . c. ult . mr. seldens history of tithes , p. 166 , 168. b doctrinal . fidei tom. 1. l. 2. artic. 3. c. 64 , 65. a epist . 240. object ▪ 4. b 7 e. 3. f. 5. 44 e. 3. f. 5. 10 h. 7. f. 18. 7. 6 dyer 84. 8. cook 2 report , f. 44. b. c voyce , p. 13. d surius concil . tom. 3. p. 751. a see rastals abridgement , title tithes , and the ordinances for tithes . lindwood , provinc . constit . l. 3. tit. de decimis . mr. seldens history of tithes , ch . 8. b see mr. seldens history of tithes , p. 320 , 322 , 338 , 346 , 350. c hoveden annal. pars posterior , p. 828. lindwood , provinc . constit . l. 3. tit. de decimis . d 1 thess . 4. 11. a hist . angl. p. 4. b history of tithes , ch . 7. p. 147 , 148. a hist . l. 16 , 17. dr. usher annales eccles . veteris testam p. 516 , 525. b voyce from the temple , epist . ded. & p. 23. if they were razed to the ground it wovld do well. c psal . 137. 7 , 8. a as is evident by comparing it with i say 56. 6 , 7 , 8. c. 61. 1 , to 11. c. 66. 18 , to 24. jer. 33. 15 , to the end . proposition 4. a the kentish petition against tithes , john canne , voyce from the temple , and others . b mal. 3. 8 , 9. a matthew westm . & ●lorentius wigorniensis . an. 983. sec my humble remonstrance against ship-money p. 19 , 20 , 21. b spelman . concil . 610. a cooks ad . report , the bishop of winchesters case . summa angelica . tit. decima . a for which there is suffient allowance given in case of mere heath and baren grounds by the stat. or 2 e. 6. c. 13. b see augustine , serm. 219. mal. 3. 8 , 9 , 10 , 11. a cottoni ●osthuma , p. 174 , 179. the acts of resumption , 6 h. 3. 5 , 9. 10 e. 2. 1. 2 r 2. 6. 6 h. 4 1. 2 h. 5. 28 , 29. 33 h. 6. 2. 1 h. 7 4 , ● . 12 ● . 4. a britan. p. 161 , 162. purchas pilgrimage , p. 133. a 1 tim. 3. 2. b sermo . 219. tom. 10. c causa 16. qu. 7. d decret . eccles . gall. l. 6. t●● 3. c. 19. ●●● a suidas in leone . b a thing formerly proposed by them in their agreement of the people , presented to the commons ▪ house , jan. 20. ● 649. p. 24. a deut. 12. 17 , 18. neh. 13. 12 , 19. 2 chro. 31. 5 , 6 , 7 , 8 , 9. purchase pilgrimage . l. 2. c. 7. p. 130 , 1●1 . a this objection i finde recited in the council of lingon anno 1404. & there answered . bochellus decret . eccles . gall. p. 968. object . a see the levelers new printed paper intituled , englands fundamentall laws and liberties claimed , &c. and many petitions of late . b see all acts for tonnage poundage and impositions , mr. hackwels argument against impositions , cooks 2. instit . p. 58 , 59 , to 64. b mal. 3. 9 , 10 , 11 , 12. see augustine sermo . 219. a gul. malmesbu●iensis , de gestis regum angl. l. 1. c. 4. ●uocus chron. in carolo simplici . cent. magd. 8. c. 7. & 9. dr. til lesly in his animad versions on mr. seldens history of tithes , p. 64 , to 69. b tom. 3. p. 648. c review , p. 466. a extravag . de decimis , c. 10. joannes sarisbur . de nugis curialium , l. 7. c. 21. mr. seldens history of tithes , c. 6. p. 120 , 121. b cannes 2d . voyce from the temple , p. 24 , &c. c 1 pet. 2. 5 , 9. d rev. 1. 5. a gal. 6. 16. 1 cor. 15. 1 , 2 , 3. b gen. 14. 20. hebr. 7. 2 , 4 , &c. c 1 chron. 26. 26 , 27 , 28. a herodotus , l. 5. c. 25. valerius maximus , l. 5. c. 3. diodorus , an. 4. olymp. 98. dr. vsher annales veteris testamenti , p. 260. b see holinshed , speed , and others . 10 , & 11 r. 2. mr. st. johns speech against the shipmony-judges . a gul. malmesburi . de gestis regum , l. 1. c. 4. vita eucherii apud surium , tom. 1. 10. f. gratian , caus . 16. qu. 1. edit . gregoriana . flodourdus rhem. hist . l. 2. c. 12. juoni● chron. mr. seldens history of tithes , p. 51. 465. dr. tillesley , p. 67. * mat. 〈…〉 flores 〈…〉 an. 853 〈…〉 306. * b●bliotheca patrum , tom. 9. pars 1. p. 600 , 601. a aventinus , annal. boyorum , l. 3. p. 179. centur. magd. 8. c. 7 , & 9. goldastus constit . imp. tom. 1. p. 15. dr. tillesley animadversions on mr. selden , p. 64 , to 75. a exact collection , p. 340 , 342 , 376 , 572 , 631 , 632 , 641 , 743. a collection , p. 428 , 8 , 13 , 41 , 43 , 44 , 49 , 51 , 61 , 64 , 96 , 99 , 623 , 696 , 879. appendix p. 15. and elsewhere . a luke 3. 14. a ambros . orat. in julianum , & grotius de jure belli , p. 35 , 88. b grotius de jure belli , l. 1. c. 2. sect . 3. p. 35 , 36 , 88. crantzius saxonitorum , l. 7. c. 16. a extravag . de decimis , c. 10 mr. seldens history p. 120 , 121. b see the book of judges , kings , chron. maccabes , josephus , paul eber and others . c antiq● . ecclesiae brit. p. 209 , to 220. 282 , 284 , 299 , 300. thomas walsingham . hist angl p. 348. see the acts for the clergies subsidies in all our kings reigns , granted only by themselves in convocation . d xenophon helien l. 4. mountague diatriba p. 500 , 501. e lib. 4. epist . 38. f in his exposition on 2 thess . 2. p. 116. a 2 thess . 2. 4 b see dr. abbot , dr. beard , dr. squire of antichrist , and dr. sclater on that place . c luke 3. 14. d luke 7. 2 , to 11. b matth. c. 26 , & 27 , & 28. mar. 14 , & 15. luk. 22 , 22. john 18 , & 19. a acts 12. 1 , to 12. b acts 21. 31 , 32 , 33 , &c. c. 22. 24 , &c. c. 23. 23 , &c. to 35. c. 27 , & 28. c matth. 12. 33. luk. 6 43 , 44. d 2 tim. 2. 3. e hebr. 6. 6. a rev. 1. 5. 1 pet. 2. 5 , 9. a see col. prides beacon quenched . a titus , 1. 16. b 2 pet. 2. 1 , 2. acts 26. 18. c 2 thess . 2. a mat 15. 14. b eutropius , grimston in his life , theodoret , nicephorus , l. 10. c. 3 , 4 , 5 , 24 , 25 , 32 , 33. mr. fox , baronius , spondanus , and others . centur. magd ▪ 4. c. 3 , 14. col. 114 , to 120 , 1438 , 1439. nazianzen orat. 2. in julianum , ambros . epist . l. 5. ep. 29. zozomen l. 5. c. 22. rush●mus , l. 1. c. 28. c eusebius , eccles . hist . l ▪ 8. c. 13. l. 10. c. 8. eutropius , and grimston in his life . fox acts and monuments , vol. 1. p. 113. bishop jewels sermons , p. d see eusebius in vita constantini : bacons advancement of learning ▪ mr. edward waterhouse his apology for learning and learned men . a asser men●vensis in his life , camdens britannia : oxford universitie and cambridge . b suidas in leone . c cha●ion . chron. l. ● . alexander severus . note b hoveden , annal. pars post . p. 601. mr. selden , ad eadmerum notae , p. 173. * see peter martyr , in lib. 2. regum commen● . c. 5. p. 240. a see mr. seldens history of tithes . * see john cannes voyce p. 27. mr. edwards gangrenaes , and lillyes ephemeris , 1650. a quid non mortalia pec●ora cogit aur● sacra fames . a in my fresh discovery of new lights . b rev. 3. 9. c is this christian gospel charity consistent with mat. 5. 43 , to 48. c. 10. 9 , 10. rom. 12. 9 , 10 , 13 , 20 , 21. c. 13. 7 , 8 , 9 , 10. ephes . 5. 2. 1 cor. 13. 1 , 2 , 3 , &c. 1 john 3. 10 , to 20. c. 2. 9. 10 , 11. c. 4. 20 , 21. a sleidens commentaries , l. 9 , & 10. see my sword of christian magistracy supported , p. 46 , 47 , &c. b see speeds history of great britain , stow , holinshed , and the survey of london . a speeds history of great britain . the arraignment of traytors , 3 jac. c. 1 , 2 , 3 , 4. a h●story of tithes , p. 14 , 166 , 167 , 170 , ●●●75 , 127 , 128. b de nugis c●●●●lium , l. 7. c. 21. a ms. and dr. tillesley his anmadversions upon mr. seldens preface . animadv . 9. d mat. 7. 15 , to 15. a since the army-officers in 1649. declared in print against ministers tithes ; these prognosticators gaided by these all-ruling martial earthly planets , not the heavenly stars , have predicted their downfall every year , but not before . a for the year 1651. b since that in 1653. and 1654. he continues in the same strain . a matth. 28. 20. b rev. 21. 1. iohn 10. 28 , 29. c epistle to the reader , p. 4. and astrological discourse in it towards the end . a in the epistle , astrological ptedictions , and monthly observations . a epistle to the reader in his ephenens , 1650 , and 1649. a cap. 25 , & 2● . worthy our most se●ious perusal . b ibid. p. 204 , 185 , 186 , 234 , 235 , 236. which art lilly much promotes . see his ephemeris , 1649 , 1650. a surius concil . tom. 4. p. 992. b a manifestation of the folly and bad spirit of certain in england calling themselves secular priests , p. 56. c rastals abridgement of statutes , tit. durham . a see watsons quod●ibets , p. 93 , 94 , 281. parsons his manifestation , fol. 61. william watsons reply to parsons libel , fol. 74. a the impropriations held by them were much more than the 3d. part of all the parish churches of england divided into 3 parts , and of greater value than the other 2 parts in priests and ministers hands . a page 26 , to 31 , 169 , 186. a in. 2. lib. regum c. 5. f. 240. b see 1. & 2. phil. & mar. c. 8. 1 mar. sess . 2. c. 3. fox acts and monuments vol. b gratian caus . 16. qu. 1 , & 7. c see 1 r. 2. rot . parl. n. 148. 1 h. 4 n. 48 , 100 , 141. 6 h. 4. n , 14 , 15. 8 h. 4. n. 52. 28 h. 6. n. 53. 33 h. 6. n. 47. 4 edw. 4. ● . n. 39. 12 ● . 4. n. 6. 1 h. 5. c. 9. 31 h. 6. c. 7. with those resumptions in former ages , recorded in daniels history and others . d see canterburies doom , ● . 26 , 27 , &c. b the levellers late printed fundamental lawes and liberties . n. 15 , 16 , 25 , 27. a speeds hist . p. 733 , &c. 836 , 849 , 850 , 851. sleidens comment . l. 7. c. 10. b 1 tim. 6. 10. eccles . 5. 10. a see nicephorus eccles . hist . l. 10. gent. magd. 4. c. 3. 14. b amos 8. 11. c ante haec sic existimatum est , speciosa strue●e sapientum esse , & civilis vitae scientium ; structa demolire , stultorum & vecordis animi signa ad posteros transmittere , non erubescentiam : procopius gothico●ū . l. 3. grotius de jure belli . p. 522. d de benesiciis p. 121. e gratian caus . 16. qu. 4. summa angelica & rosella , tit. sacrilegium . f fredericus lindebrogus codex legū antiquarum . p. 257 , a fredericus lindebrogus codex legum antiquarum p. 508 , 702. b fredericus lindebrogus ibid. p. 997 , 998. bochellus decret . eccles . gal. l. 8. tit. 61. p. 1308. a sr. james semple sacrilege sacredly handled . sir henry spelman de non temerandis ecclesiis . mr. seldens review . dr. selaters ministers portion . summa angelica , rosella & tho. zerula tit. sacrilegium : with many more . b see wests presidents , indictments and offences ▪ sect 196 , 197. p. 127 , 128. ● e. 6. c. 12 c articuli cleri . 9 e. 2. c. 12. object . d grotius de jure belli . l. 3. c. 5. answ . e exact collection p. 617. 631. f exact collection p. 730. ☜ a purchas pilgrimage l. 6 c. 5 , 6. heylins microcosm p. 146 , 147 , 613 , 614 , 756 , 757. b lipsius de triumphis , heylins cosmography and others . a hoveden annal pars posterior p. 561 , to 566. math. paris hist. angl. p. 127. * see sr. john davis reports ● . 40 , 41 , 42. a page 75 , 76. hoveden annal . pars posterior , p. 600 , 601 , &c. b de jure belli . l. 3. c. 14. sect . 10 , 11 , 12. & annotata , p. 538 , 539 , 540. a 1 pet. 4. 12. notes for div a70871-e45400 * descriptio daniae , 1629. p. 141. historia compendiosa daniae p. 185 , 186. saxogrammaticus , pontanus and others in the life of canutus and olavus . notes for div a70871-e46650 * jude 12. notes for div a70871-e47580 * see john cannes second voice from the temple , 1653. * see my quakers unmalked . my new discovery of romish emissaries . and true and perfect narrative . * see claus . 28. e. 1. m 3. dorso . * see mr. seldens history of tithes , c. 8. rastals abridgement , title tithes . * see his second voice from the temple , 1653. a prov. 8. 1 , 14. c. 9. 1. b rom. 16. 27. 1 tim. 1. 17. iude 21. c 1 cor. 11. 25. d iohn 8. 39 , rom. 4. 7 , to 15. * 1 sam. 8. 14 , 15 , 16 , 17. 18. ● see i● . calvini hom. 29. in 1 sam. ● . 8. p. 155. * see mr. seldens history of tithes , ch . 11. the 2. part of my gospel plea. * 2 chron. 31. 11. to 20. a true and perfect narrative of what was done, spoken by and between mr. prynne, the old and newly forcibly late secluded members, the army officers, and those now sitting, both in the commons lobby, house, and elsewhere on saturday and monday last (the 7 and 9 of this instant may) with the true reasons, ends inducing mr. prynne ... thus earnestly to press for entry, to go and keep in the house as he did, and what proposals he intended there to make for publike peace, settlement, and preservation of the parliaments privileges / put in writing and published by the said william prynne ... to rectifie the various reports, censures of this action, and give publike satisfaction ... of his sincere endeavors to the uttermost of his power, to preserve our religion, laws, liberties, the essential rights, privileges, freedom of parliament, and all we yet enjoy, according to his oaths, covenant, trust, as a parliament member, against the utter subverters of them ... prynne, william, 1600-1669. 1659 approx. 345 kb of xml-encoded text transcribed from 56 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-01 (eebo-tcp phase 1). a56220 wing p4113 estc r937 12012997 ocm 12012997 52462 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56220) transcribed from: (early english books online ; image set 52462) images scanned from microfilm: (early english books, 1641-1700 ; 574:24) a true and perfect narrative of what was done, spoken by and between mr. prynne, the old and newly forcibly late secluded members, the army officers, and those now sitting, both in the commons lobby, house, and elsewhere on saturday and monday last (the 7 and 9 of this instant may) with the true reasons, ends inducing mr. prynne ... thus earnestly to press for entry, to go and keep in the house as he did, and what proposals he intended there to make for publike peace, settlement, and preservation of the parliaments privileges / put in writing and published by the said william prynne ... to rectifie the various reports, censures of this action, and give publike satisfaction ... of his sincere endeavors to the uttermost of his power, to preserve our religion, laws, liberties, the essential rights, privileges, freedom of parliament, and all we yet enjoy, according to his oaths, covenant, trust, as a parliament member, against the utter subverters of them ... prynne, william, 1600-1669. [2], 99 [i.e. 109] p. s.n.], [london : 1659. errata: p. 99 [i.e. 109]. includes bibliographical references. errors in paging. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. great britain -history -commonwealth and protectorate, 1649-1660. 2005-12 tcp assigned for keying and markup 2006-03 spi global keyed and coded from proquest page images 2006-04 jonathan blaney sampled and proofread 2006-04 jonathan blaney text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion a true and perfect narrative of what was done , spoken by and between mr. prynne , the old and newly forcibly late secluded members , the army officers , and those now sitting , both in the commons lobby , house , and elswhere ; on saturday and monday last ( the 7. and 9. of this instant may : ) with the true reasons , ends inducing mr. prynne ( a member of the old parliament ) thus earnestly to press for entry , to go and keep in the house as he did : and what proposals he intended there to make for publike peace , settlement , and preservation of the parliaments privileges . put in writing and published by the said william prynne of lincolns inne esq to rectifie the various reports , censures of this action ; and give publike satisfaction to all members of the old parliament , the whole english nation , especially those vianders and free burgesses of the borough of newpart in cornwal , ( who without his privitie , sollicitation , or good liking , unanimously elected him for their burgess , an. 1648. though soon after forcibly secluded , secured , & now twice re-secluded in like manner by the army-officers ) of his sincere endevors to the uttermost of his power ; to preserve our religion , laws , liberties , the essential rights , privileges fre●dom of parliament , and all we yet enjoy , according to his oaths , covenant , trust , as a parliament member , against the utter subverters of them ; by meer armed force , arbitrary will and tyrannical power , through the apparent plots , seductions of our professed foreign popish adversaries and their instruments . psal . 3.6 . i will not be afraid often thousands of men , who have set themselves against me round about . psal . 27.3 . though an host should encamp against me , my heart shall not fear ; though war should rise against me , in this will i be confident . printed in 〈…〉 1659. a true and full narrative of what was done and spoken by and between mr. prynne , other secluded members , & army officers , &c. on the 7th . day of this instant may mr. prynne walking to westminster-hall , ( where he had not been six daies before , ) meeting with some old secured and secluded members of parliament , summoned by king charles his writ and authority , for these only ends ( expressed in all writs of summons to the lords , and of elections issued to sheriffs of counties for electing knights , citizens , and burgesses of parliament , and in the indentures themselves by which they were retorned members ; ) to confer and treat of certain , great and arduous affairs , concerning the defence of the king kingdom , and church of england , and to do and consent to those things which shall happen to be therein ordained by common counsel , ( of the king , lords , and commons , ) touching the aforesaid businesses : which parliament began at westminster the third day of november , 1640. they shewed him a declaration of the officers and counsel of the army , made in such hast and confusion , that they mistook the month wherein they made it , dating it april 6. instead of may 6. published by them that morning , ( which declaration the day before , was presented to the speaker of the said parliament , at the rolls , by divers officers of the army , in the name of col : fleetwood , and the counsel of officers of the army , in presence of many members of the said parliament ) containing their earnest desire , that those members who continued to sit since the year 1648. untill the 20 th . of april , 1653. would return to the exercise and discharge of their trust , ( expressed in the foresaid writs and indentures alone by those who impowred , elected , and entrusted them as their representatives , without any other new trust whatsoever , inconsistent with or repugnant to it ) promising their readiness in their places as became them , to yield their utmost assistance to them to sit in safety , for improving the present opportunity for setling and securing the peace and freedom of this common-wealth ; praying for the presence and blessing of god upon their endeavours ; who after they had sate many years in performance of the trust reposed in them by the people , and being in the prosecution of that duty assembled in parliament at westminster , upon the 20 th . day of april 1653. were then interrupted and forced out of the house from that time untill this very day : of which force they seeme in their declaration unfeinedly to repent , by an actual restitution of the members formerly forced thence , much more then of that * greater and more apparent force of whole regiments of horse and foot drawn up to the house it self in a violent manner , where they seised , secured mr. prynne , with above forty , and secluded , forced away above 2 hundred members more of the commons house , only for the faithfull discharge of their trusts and duties therein , according to their oaths , protestations , vows , covenants , consciences ; wherin most think they first turned out of the way , by wandring into other wayes from righteous & equal paths ; which members though they do not particularly invite to sit again , yet they having proved no breach of trust against them , do not in the least measure intimate , that they would forcibly seclude them from sitting if that parliament should be publickly voted still in being by vertue of the statute of 17 caroli c. 7. as they in their counsel of the army have actually resolved , by their invitation of the members thereof to sit again , as mr. p. & those members who shewed it to him conceived upon their perusal thereof . mr. p. being after informed , that the old speaker and sundry members of the long parliament were then met in the painted chamber to consult together in order to their meeting again in the house , was moved to go thither to them , which he refused , because it was no place where the house of commons ever used to meet or sit as an house , but only as a committe upon conferences with the lords : soon after mr. p. heard by some members and others , that the old speaker and about forty members more , with the mace carried before them , were gon from the lords house into the house of commons , & there sate as an house by vertue of the statute and their old elections by the kings writs ; vpon which there being then above 30 of the old secluded members in decemb. 1648. in the hall ; they did think fit and agree , that to avoid tumult , about 12. or 14. of them , in the name of the rest , if freely admitted without any seclusion , or engagement ; in a friendly manner , should desire to know of them , upon what account they did now sit there thus sodainly and unexpectedly , without giving any convenient notice or summons to all the rest of the members to sit with them ? if only by vertue of the act of 17 caroli ch . 7. thus penned . be it enacted and declared by the king our soveraign lord , with the assent of the lords & commons , that this present parl. now assembled shall not be dissolved , unless it be by act of parliament to be passed for that purpose ; nor shall any time or times during the continuance thereof , be prorogued or adjourned , unless it be by act of parliament , to be likewise passed for that purpose . and that the house of péers shall not at any time or times during this present parliament , be adjourned , unless it be by themselves or their own order . and in like manner , that the house of commons shall not at any time or times during this present parliament , be adjourned , unless it be by their own order . and that all and every thing or things whatsoever done or to be done , for the adjournment proroguing or dissolving of this present parliament ; shall be utterly void and of none effect : then they intended to send for the rest of the members walking in the hall to come in unto them : and to move , that all surviving members of this parliament , might by joynt consent particularly be sent to , and invited to meet and sit in the house at a convenient day , before any vote or order passed by thē then sitting , thus sodainly convened without any notice ( which would be interpreted rather a surprize , and un-parliamentary practice , both by the absent members and the whole nation , than any obliging parliamentary vote or order of the house ) and more discontent than invite or unite the absent unsummoned members , than unite them , making the rent greater than before . and when they were there assembled , that in the first place they might freely & fully debate this question , ( wherein there were different opinions between the members themselves , and other learned lawyers ; ) whether this parliament was not actually dissolved by the late kings forcible death , ( which is clearly mr. p. his opinion formerly published ) or , whether it was not still in being , by vertue of this act , notwithstanding the kings death , or any other thing or things done already by the army-officers or others for the adjourning , proroguing or dissolving thereof ? if it should upon such debate be voted by the majority of the house to be really and legally dissolved ; they held it their duties and theirs now sitting , to acquiesce therein , and act no farther as a parl. but if voted still in being , they all held it their duty , to sit and joyn their best counsels and endeavours to settle the government , peace , safety of our distracted church and nations , now more shaken , unsetled , endangered in their apprehensions than ever , and would submit their private contrary opinions in this ( as in all other votes ) to the over-ruling judgement of the whole house ; as the only hopefull way to revive the antient constitution , rights , privileges of parliament ; and resettle us upon lasting foundations of peace and prosperity . upon these resolutions alone , & none other , which mr. p. intended to propose to those then sitting , he went to the lobby door of the commons house , accompanied with sir george booth , mr. arthur annesley , sir john evelyn , mr. th. gewen , mr. charles rich , mr. mountague , mr. ri. knightly , mr. hungerford , and one or two more ; which being shut to keep out the people crowding on the stairs to get in , through whom they could hardly pas ; mr. p. knocked twice or thrice , but could get no admittance , till the door being opened to let out m. nye & som other ministers , mr. p. with sir geo. booth and mr. annesly , being formost , pressed into the lobby ; and then the door being shut & bolted again , mr. p. unbolted & held it open till the rest came in ; where they finding mr. john and mr. james herbert standing in the lobby , acquainted them with their intentions to go then into the house , who resolved to go in with them . coming all up towards the house door , which was shut and kept guarded ( as it presently appeared ) by som officers of the army ; mr. p. required them , to open the door to let them in , being all members of the old parliament ; who thereupon demanded ; whether they had continued sitting in it since 1648. to 1653 ? m. p. & the rest all answered , that being members of the old parliament , they would give no account to thē or any others of their sitting , but only to the house it self wherof they were members , being contrary to the privilege of parliament , which they & others were obliged inviolably to maintain : upon which demanding their names , they said ; that if they would send in a note of their names to the house , and they ordered them to come in , they should be admitted . whereto mr. p. replied , we yet knew not who were within the house , nor whether they were yet sitting , nor upon what account they sate ; nor was it agreeable with the custom or privilege of parliament for one member to send tickets to his fellow members for free admission into the house , being all equals , and having an equal right freely to enter into it at all times , as well as they ; nor was it their duty thus to capitulate with members , but obey their just commands in opening the door : which they still refusing , mr. p. demanded , who and what they were , being all strangers to them ? and by whose authority , or order they thus forcibly kept them out ? they answered , they were officers of the army , and had sufficient authority to keep thē out , if they had not sate since 1648. till 1653. mr. p. demanded , from whom they had their warrant , since they could have none from those within , being but newly entred ; and none else could give thē such a warrant , nor they within before they heard them , and gave good reason for it ; demanding them to produce their order , if they had any in writing , that they might know by whose authority they were thus forcibly kept out ; demanding their several names twice or thrice , wherwith they refused to acquaint them . upon this m. p. told them , they doubted of their authority , orders thus to seclude thē , because they were either ashamed or afraid to tell thē their names , when as they told them theirs : that they knew not whether they were officers of the army , or not , unless they knew their names , that so they might inquire the truth of it , or saw their commissions : and if they were army-officers indeed , they had published a printed decl. in all their names that morning , inviting ( as they conceiv'd ) all members they formerly secluded , to return & sit again in the hous to discharge their trusts : wherin they professed their former force upon , & seclusion of them , to be a backsliding , and wandring into unrighteous paths ; which they seemingly repented of ; promising to yield their utmost assistance to them to sit in safety ; and praying for the presence and blessing of god upon their endeavours : and if now within few hours after this remonstrance published , they thus highly and publikely violated it in the view of all there present , by returning to their former backslidings and unrighteous paths ; in secluding those who were members afresh , and violating their own declaration , none would henceforth credit them , or it . upon which one of them told m. p. he knew he was none of them who sate since 1648 , till 1653. therfore they were not bound to let him in , being not within their declaration . who retorted , he thought their repentance had been universal , not partial ; of all their forces upon the house and members , especially of their greatest dec. 6. 1648. when they not only secluded , but secured and imprisoned him and 40 more in hell , and other places , & forced away 3 times as many more for discharging their trusts , & asserting the true good old cause ; against their commissions , trusts , protestations , and printed remonstrances ; which if they would look back upon and well consider ( as they proclaim they had don in their new decl. ) they would find to be one of their greatest backslidings where they first turned out of the way , which caused god to withdraw his presence and good spirit from them ever since , and give them up to the prosecution of a new romish good old cavse , which had brought us into that posture , and occasioned those vicissitudes of dangers , and caused god in his providence to make all essaies to settle us , utterly ineffectual ; to convince them of , and reclaim them from their error : which they now pursued afresh , as vigorously as ever : that for his own part after his impisonment by them against both lawe and privilege in 1648. in sundry places , he was again forcibly seised by some of the army in his house in 1650. and kept a close prisoner near 3. years under armed guards of souldiers in 3. remote castles farr distant frō those then sitting : therfore they could not make their unrighteous imprìsonment of him then without any cause or hearing , a just ground to seclude him from sitting now . but all these expostulations of m. p. and others , not prevailing , they desired all present to take notice and bear witnes of this high affront and breach of privilege in this their forcible seclusion : and so departing mr. knightly meeting major general lambert in the lobby , complained to him of this forcible seclusion ; who gave him a civil answer to this effect ; that things were now in an hurrie , and their entring at this time into the house might cause some disturbance , but doubted not such course would be taken by the officers of the army in few daies , that none should be forcibly secluded : and so they went from the lobby into the hall from whence they came , acquainting those members they left there with the premises . after some conference with one another , it was thought fit they should meet about 4. a clock in the evening under lincolns inne chappel , and in the mean time that every one should inquire , what old secluded , or secured members were now in town , and how many members of the long parliament were yet living , chosen or sitting before december 6. 1648. when they were first forcibly secluded by the army . some met accordingly , and upon conference found , there were about 80 secluded members now in london and westminster ; being near double the number of those sitting that day ; and above 300 members of all sorts yet living , chosen or sitting in the commons house before decemb. 1648. over and above those that now sate ; all which they conceived ought in justice to be summoned by the speakers letter , freely to meet and sit in the house at a convenient time to be agreed upon : in order whereunto some ten of them met in the counsel-chamber of lincolns inne ( where the old speaker used to sit in counsel as a bencher with the rest of the benchers concerning the affairs of the society ) as the fittest place to write down a catalogue of all the surviving members names , by the help of their memories and the printed list of them ; which having finished , they departed , agreeing to meet in westminster hall about 9 of the clock on monday morning , whither m. p. carried the list of the names formerly written , digested into an alphabetical order , to communicate it to other members , those that sate meeting on the lords day , adjourned their house till ten of the clock monday morning : but the courts not sitting in vvestminster-hall that day , mr. p. found the hall very thin , & few members in it whiles he was standing in the hall expecting those who promised to meet there , he was twice informed one after another , that there were no guards at all at the house door , that any person might freely go into it without examination , there being but few members within , and the doors standing open . whereupon he spake to 4 or 5 members there met , to go along with him into the house , and if they were freely admitted , to give notice of it to the rest to follow after if they pleased : some of them were unwilling to go being formerly repulsed , thinking it better to make a narrative of their former forcible seclusion on saturday , and to signifie it by a letter directed to the speaker , subscribed with their names , which mr p. conceived superfluous , since the door now stood feeely open to all without any guards to seclude any , and that , as he apprehended , in pursute of major general lamberts promise to mr. knightly : and it would be idle to complain of that force by letter , wherewith they might now acquaint those then sitting by their own mouthes , if there were cause . vpon which ground , m. prynne , mr. annesly , and mr. hungerford about ten of the clock went to the house , where the doors of the lobby & house were at first knock opened to them by the ordinary door-keepers , upon their telling thē they were members , ( there being no guard at either door : ) who delivered to each of them as members , a printed paper intitled , a declaration of the parliament assembled at westminster , saturday 7. may , 1659. they found not about 9. of 10. of those who sate , within the house , who courteously saluted them : after some short discourses , mr. annesly , and mr. hungerford leaving mr. prynne in the house , ( out of which he resolved not to stir upon any occasion , for fear of a new forcible seclusion ) went back into the hall to acquaint the members in it , they might freely enter if they pleas●d : mr. annesly returning , was forcibly kept out from re-entring by some soldiers , sent thither ( as he conceited ) for that purpose . wherwith he acquainted mr. p. by a note , desiring to speak with him at the house door ; which being opened , mr. annesly pressed to go in to speak with him , but was denied entrance , unless he would give his paroll presently to come out again and not stay in : whereupon he said , though they had often broken their parolls with them , yet he would not break his parol ; but would come forth so soon as he had spoken with m. p. which he accordingly performed . after this mr. p. had conference with divers members as they came in , who said they were glad to see him in health , and meet him there again . the house being thin , m. p. turned to the statute of 17 caroli , c. 7. reading it to himself ; and after that to two other members : telling them , it was a doubt , whether the old parliament was not determined by the kings death , notwithstanding that act ; which was fit to be first freely debated in a full house , before ought else was done . upon which they demanded , why he came amongst them , if he made a scruple , or thought it to be dissolved ? who answered , to have it fully debated and resolved in a full and free house . after which sir arthur haslerigge coming in , mr. p. saluted and told him , he was glad to meet him again in this place : who presently answered , he had nothing to do to sit there as a member , being formerly secluded . whereto he replyed , he had as good right to sit there as himself , or any other member whatsoever , upon the account of the old parliament , if in being : having acted , written , suffred more in defence of the rights and privileges of parliament , than himself , or any sitting with him . upon which sir henry vane coming in , and stepping up to them , said in a menacing manner : mr. prynne , what make you here ? you ought not to come into this house being formerly voted out , i wish you as a friend quietly to depart hence , else some course will be presently taken with you for your presumption : which sir arthur seconded , telling him , if he refused , that there would be a speedy course taken , and a charge put in against him , for his meetings on saturday , and actings against the house . to which he replied , he had as good , if not a better right to sit than either of them : that he knew of no vote to seclude , nor of any there who had right or power to vote him out , being equally intrusted with themselves for the whole nation , and those he represented : that he was never convicted of any breach of his parliamentarie trust , and hoped they would have both the justice and patience to hear , before they voted him out : and then hee doubted not to make it appear , themselves were greater infringers of their trusts , and more worthy to be voted out than himself . as for their charge and menaces , he was no way affrighted with them : it being as free and lawfull for him and other members , to meet and advise together both as members and freemen of england , for preservation of themselves , the peoples rights and parliaments privileges , when forcibly secluded , as they did on saturday ; as for themselves , or the army officers to meet privately and publickly both in and out of the house , to deprive them of their privileges , as they had oft times done of late : that these high menacing words , were a very ill performance of their new published declaration , delivered him at the door : that they were resolved ( by the gracious assistance of almighty god ) to apply themselves to the faithfull discharge of their legal trust ; to assert , establish and secure , the property and liberty of the people in reference unto all , both as men and as christians : ) which if they should publikely violate , & null by any unjust charge , or proceedings against him , who had saffered so much , both as an english freeman , christian , and member too ( by their 3 years close imprisonment of him without cause or hearing ) under their new free-state , when first erected , and now again upon their very first reviving of it , though a member , only for coming into the house and meeting with other members , to claim their rights : it would highly reflect upon their intended new free state , and make all out of love with it . after which , they going up with other members into the committee chamber , to consult how to dispose of or get him out of the house , about half an hour after they all came down into the house , where mr. p. continued sitting : the speaker being come in the interim , they first concluded to goe to prayers , then to sit as an house : whereupon all taking their places , mr. prynne took his place too where he usually sat before , resolving not to stirr thence : which sir arthur and sir henry observing , after some whisperings with the speaker and others next them ; though the cushion was laid , and order given to call in the chaplain to pray , yet they countermanded it , telling the speaker , it was now somewhat late , and they could dispatch little before dinner : therefore they would by agreement , without any adjournment , presently rise and go to dinner , and then sit in the afternoon about one a clock , and the speaker in the mean time might dispatch a business he said he must needs doe . vpon which they all rising , mr. p. continued in the house till most of them ( being about 42. with himself in his computation ) were gone out , lest they should return and sit so soon as he was gone , his presence there , being the sole cause of their not fitting . mr. prynne then going out after them , found a guard of souldiers with halberts at the door , and a troop of horse in the pallace yard ; which were purposely sent for to keep out the other members , and mr. p. if he returned , as the sequel proved . mr. p. having acquainted some secluded members in the hall with these passages in the house ; who agreeing to send a letter to the speaker touching their forcible seclusion on saturday , he returned to lincolns inne , where he dined in the hall : immediatly after dinner he repaired to westminster , with a resolution to goe into the house if admitted ; or protest against the force if secluded by the army gards there placed : he found an whole troop of horse , in the palace yard , and a company of foot on the stairs , and court of requests , drawn thither to keep him and other members out ; whereupon he walked in the hall til past 3. a clock , expecting the speakers coming , with whom he intended to enter ; at last , being informed that he went the back way without the mace , and was gon into the house ; mr. p. to avoid tumult ( a company of unknown persons in the hall going after to see the issue ) went purposely forth towards the abby , till all were gone from the steps ; and then going up only with one of his acquaintance , ( no member ) he found the door and stairs before the lobby strictly garded with red-coats , who with their halberts crossed the door and steps so thick that none could pass : whereupon mr. p. demanded entrance , saying , he was a member ; and they being ignorant who he was , permitted him to pass through their pikes into the lobby , but secluded his friend from going up with him . when he came at the house door to enter , several officers of the army there placed ( one of them sitting in a chair ) told him , that he must not enter , and that they had special order to keep him out of the house : wherupon he protested against this their forcible double seclusion of him , as an high contempt and breach of privilege , contrary to their own and the sitting members declaration published that day ; demanding in the name of all the commons of england , and those for whom he was elected , free admission for himself and other members they kept out by a visible force of horse and foot ; which was a worse and more real levying of warre against the parliament , then the beheaded king or his party were guilty of ; whose imprisoning , prosecution of members of parliament for opposing his unlawfull will , after the parliament : and coming to the house only to demand the 5. impeached members , without offering force , or secluding any member ; but above all , his labovring the english army to be engaged against the english parliament ; ( being a thing of that strange impiety & unnaturalnes , that nothing can answer it , but his being a foreiner ) with his breach of faith , oath , protestations , in levying war war against and offering force to the parliament only at a distance , without keeping out any by armed gards ) being the principal unparale'ld treasons , for which the most of those now sitting in their very declaration of 17 martii 1648. ( expressing the grounds of their late proceedings against him , and setling the p●esent government in the way of a free state , now cryed up as their good old cavse ) appealed to all the world to judge , whether they had not sufficient cause to bring the k. to iustice ? and execute him as they did : of all which they were formerly & now far more guilty in placing gards of horse , & foot at the parliament doors to keep out him & other members : it being a force and levying of war upon the house it self and members , which would null all their acts and votes , as the sitting members in their declaration & speaker in his letter , an. 1648. ( upon the london unarm'd apprentices tumults at the house doors , though they kept out none ) yea some now sitting in their speeches in the last dissolved assembly at vvestminster , declared very lately : after which some of the officers said , pray talk no more with him : whereto he replies , he must talk a little more to them , in their own language : that the army-officers and counsel themselves had forcibly turned those now sitting out of doors , 20 april 1653. and thus branded them in their declarations and a other papers he had then about him : for their dilatory proceedings in the house , unlimited arbitrary proceedings at committees , their wholy perverting the end of parliaments ; by becoming studious of parties , & private interests , neglecting the publick , so that no door of hope being opened for redress of their grievances , , nor any hope of easing the people in their burdens , it was found at length by these their exorbitances , that a standing parliament was in it self the greatest grievance ; which appeared yet the more exceeding grievous , in regard of a visible design carryed on by some among them , to have perpetuated the power in their own hands , it being utterly impossible in that corrupt estate , that they who made gain the main of their business , should become instruments of our long desired establishment : therefore it became an act no less pious than necessary , for the army now to interpose upon the same equitable ground as heretofore in the like cases of extremity , ( no ordinary medium being left ) to provide for the main , in a way irregular and extraordinary , by their most necessary and timely dissolution . yet notwithstanding all these brands they have publickly layd upon them , ( which they and others never yet wiped of by any publick answer as the formerly secluded members had refuted those base aspersions and calumnies the army had falsely cast on them ) they had now invited those very members to return and fit again without secluding any of them , and engaged to yield them their best protection , as the assertors of the good old cause , who had a special presence of god with them , and were signally blessed in the work : yea as the only instruments for setling and securing the peace and freedom of this common-wealth : therefore they had farre greater reason to call in him and the other first secluded members than thus forcibly to exclude and ascribe and give to them alone the supreame authority of the nation which they have engrossed to themselves without the peoples vote or election in whō alone they have formerly * voted it ; a presage of their subsequent free-state proceedings , when once setled in their government , and a strange contradiction ; wherefore they should much more invite him and others they formerly and now afresh have forcibly secluded , against whom they had not the least exceptions , to settle us again in peace and freedome , which they had done when they sate , had they not secluded them . after which one of the army officers told mr. prynne , he had deserted the good old cause : to which he replyed , that the true good cause for which they were first raised , was only to defend the kings person , kingdom , parliament , all its members , privileges , and secure them against all force and violence whatsoever , which cause they had not only deserted but betrayed , and fought against , contrary to all former engagements , to which cause he adhered , and desired entrance to maintain it . to which he answered , that indeed was once their good old cause ; but now it was not so , for since they had pursued another cause : mr. p. replyed , that then they were real back-sliders therein , and their cause neither old nor good , but bad , new and destructive to the former old one . in conclusion mr. prynne pressed them to tell him their names , which he desired to know ; they answered they would not tell him : he then told them , that certainly their good old cause was in their own judgements and consciences very bad , since they durst not own it by name : they answered , that mr. annesly the last day when they refused to tell their names , as they do now , had inquired out some of them , from whom he might learn them . in conclusion when he could not prevayl , he told them , they declared themselves and those now siting arrant cowards , , and their magnified good old cause to be very bad , since they were afraid of one single person without arms , when as they were a whole army of armed men , and had above 40 voyces to his one , yet were afraid to admit him in , for fear he alone should blow them all up with the breath of his mouth , and goodness of his cause . and so departing , he met mr. prydeaux in the lobby , and desired him to acquaint those within , that he was forcibly kept out of the house by the souldiers , who beset the passages to keep out what members they pleased ; then returning again into the hall , a secluded member he there met pressing him to know what passed in the lobby : he related the sum of what was done and said , which divers pressed about him to hear , and some common souldiers among others ; who when he had ended his relation , said , he was an honest gentleman , and had spoken nothing but truth and reason . after which meeting with colonel oky in the hall ( who came over to transport him from jersy into england , they had some discourse touching his forcible seclusion , and the great scandal and ill consequences of it ; which divers pressing to hear , mr. p. went out of the hall to avoid company , and meeting with the member who drew up the letter to the speaker , perused and signed the fair copy , and so departed to lincolns inne without any company . this being an exact narration of the truth , substance of what passed between mr. p. the army officers , and those now fitting , on the 7th . and 9th . of this instant may , both in the lobby , house , and elsewhere , mr. prynne being since necessitated to publish it , to prevent and rectifie the various misreports thereof . he shall now relate , ( as a corollary thereunto ) the true and only reasons then inducing him ( after earnest prayer to god for direction and protection in this grand affair ) to press the admission of himself and other members into the house , to correct the manifold contradictory censures of what he then did and spoke . some have been staggared and amazed at it , as if he were now turned an apostate from his former principles , acting both against his judgement and conscience , to cry up , and make himself a member of that old parliament , which he publickly printed to be dissolved above ten years since , by the kings death ; others have censured it for a rash , foolish , and desperate attempt . a third sort condemn it as a seditious , tumultuous if not treasonable action , prejudicial to the publick peace and settlement , deserving severe exemplary punishments . a fourth classis doome it , as a scandalous act , dishonorable , destructive to our religion . a fifth sort cry it up , as a most necessary , heroick , rational , zealous action , deserving everlasting honor , prayse , thanks from the whole english nation , and a necessary incumbent duty as a member of the old parliament , ( though legally dissolved ) being pretentionally now revived against law , truth , by those very army officers , who six years past ipso facto dissolved , and declared it to be dissolved ; yea have held many new mock-parliaments of their own modelling since , all proving abortive , by forcible ruptures as the long parliament did . it is not in mr. prynnes power to reconcile or controll these contradictory censures ; neither was he ever yet so foolish or vain-glorious , as to be any wayes moved with the censures , opinions , or applauses of other men ; nor so ambitious , covetous , as to pursue any private interest of honor , profit , revenge , &c. under the notion of publick liberty , law , reformation as many have done ; nor so sycophantical as to connive at others destructive exorbitances , guilded over with specious titles ; this being his constant rule , to keep a good conscience in all things both towards god and man , acts 24.16 . to discharge his publick trust , duty towards god and his native country , though with the probable hazard of his life , liberty , estate , friends , & what else may be precious to other men ; to trust god alone with the success , reward of his endeavors , to let others censure him as they please ; to fear no mortal or power whatsoever in the discharge of his duty , who can but kill the body , mat. 10.23 . ( nor yet do that but by gods permission ) being utterly unable to touch the soul , but to fear him alone who can cast both soul and body into hell. the only ground , end , motive , inducing mr. prynne thus earnestly and timely to get into the house , was no wayes to countenance any unparliamentary conventicle or proceedings whatsoever , nor to own those then sitting to be the old true commons house of parliament , whereof he was formerly a member , as now constituted , much less to be the parliament it self then sitting ; but to discharge the trust to which he was once unvoluntarily called without his privity or solicitation , by an unanimous election , a little before the last treaty with the king , having refused many burgesships , freely tendred to him with importunity , both before his election at newport and since , being never ambitious of any publick preserments , which he might have easily obtained , had he but modestly demanded , or signified his willingness to accept them . after his election against his will and inclination , he came not into the house till the treaty was almost concluded , ( and that at the request of divers eminent members ) only with a sincere desire to do that cordial service for preservation of the king , kingdom , church , parliament , laws , liberties of england , and prevention of those manifold plots of forein-popish adversaries , priests , jesuites , sectaries , seduced members , army-officers , and agitators , utterly to subvert them , which other members overmuch or totally neglected , coldly opposed , or were totally ignorant of : what good service he did in the house during that little space he continued in it , is fitter for others then himself to relate . how fully he then discovered to them the true original plotters , fomenters of that goad old cause , now so much cryed up and revived , how strenuously he oppugned , how truly he predicted the dangerous consequences of it , since experimentally verified beyond contradiction , his printed speech decemb. 4. 1648. can attest , and his memento , whiles he was a prisoner : for this speech & good service of his in discovering , oppugning the new gunpower-treason then plotted and ripened to perfection , to blow up the king , parliament , lords , laws , liberties , religion at once , violently prosecuted by the force , remonstrance , and disobedient practises of the rebellious army officers and souldiers , he was on the 6th . of december 1648. forcibly seised on at the lobby-door as he was going to discharge his trust , and caried away thence by col. pride and others . how unhumanly , unchristianly mr. prynne ( seised with other members at the house door decemb. 6. ) was used by the army-officers , who lodged him ( & them ) in bell on the bare boards all that cold night , almost starved him ( and them with hunger and cold at whitehall the next day , imprisoned him many weeks in the strand , and after seised , kept him ( by a new free-state warrant ) a strict close prisoner in three remote castles nigh three years , for his speech in the house , against their most detestable treasons , and jesuitical proceedings against the king , parliament , privileges , and members of it , is (a) elsewhere at large related : this being all he gained by being a member , and for asserting that true good old cause against the new imposture now cryed up afresh , to turn our antient kingdom into a new republick , and our parliament of king , lords , and commons , into a (b) select , unparliamentary juncto , or forty or fifty members of the old dissipated house of commons , elected , impowred only by the army , not people , to act what they prescribe , to extirpate king , lords , monarchy , magistracy , ministry , laws , liberties , properties , and reduce them all under jesuit ●●oe at first , and our forein enemies vassallage in conclusion . mr. pry●●e then being most clearly convinced thereof , by what he formerly published as a member in his speech and memento , and since in his epistle to a new discovery of free-state tyranny , his jus patronatus , his historical and legal vindication of the fundamental laws , liberties , rights , properties of all english freemen , a new discovery of romish emissaries , his quakers unmasked , and in his republicans good old cause truly and fully anatomised ; wherin he infallibly demonstrates , their converting of our late english monarchy into a new common-wealth , or elective protectorship to be the antient projected moddles of father (c) parsons , and other jesuites , and tho. campanella the italian frier (d) specially recommended by them to the pursuite of the king of spain , who prosecuted it all he could to promote his universal monarchy , and so much rejoyced at it , that he was the first foreign king who presently sent an extraordinary ambassador to congratulate the accomplishment , applaud the constitution of , & enter into a league of friendship with it ; whose flattering panygerick in his great catholique kings name , in prayse thereof , and what an honour it was to them , that he was the first forein prince that owned them for a common wealth , made the commons house so intoxicated , that they gratified him in all his requests , and pursued all his designs , only to ruine us and the netherlands , layd down by campanella , de monarchia hispanica , c. 25 , 27. by furnishing him with many thousands of irish forces , quarrelling with the hollanders , maintaining above three years bloody wars with them , with infinite losse and expence to both nations , taking the french kings fleet , provisions merely designed for the reliefe of dunkirk , whereby he presently regained it to our prejudice : and on the other hand (e) cardinall richlieu of france , the great incendiary of christendome , and somenter of all our domestick wars in his life ; the french king and mazarine by his instructions in writing after his death , vigorously pursued this very design : his instructions to this purpose ( recorded by (f) conte de galeazzo gualdo priorato , an excellent italian historian ) are very memorable , who relates ; that cardinal richelieu anno 1642. ( after he had involved the king , parliament , and ireland in a bloody civil war ) being near his death , delivered these politick instructions for the king his master to pursue for carrying on his designs in relation to england with successe ; that above all other things he should endeavour to keep the government of great britain divided and dis-united , by ayding the weaker party , that the other might not make it self too powerfull ; by cau●ing the three kingdomes of england , scotland , and ireland to be divided , either by nominating other kings (g) ( elective of another family , accomplished by erecting an elective protector ) or by moulding them into a common-wealth ( as our republicans have formerly and now done again ) yet with this caution , that when they are reduced into a common-wealth , so to order the matter , that it may not be united into one , but divided how punctually cardinal mazarine prosecuted these instructions ever since , and accomplished them at last , the letters taken in the lord digbyes cabinet , * printed by the parliaments order , 1646. and o. cromwels late intimate correspondency with . mazarine , discover . and how much the iesuites and catholicks in france in november 1648. approved , applauded the turning of our hereditary monarchy , which they , irreconcila●ly hated , envyed , as well as the late king , i and turning the old parliament into a new republican representative , and that all their hopes to effect it were in the army , to whom they wished all prosperity therein : you may read in a letter sent from thence by the armies agent to a sitting republican member , soon after published by mr. prynne who got the original . * mr. prynne knowing all this , and clearly discovering a fresh combination between the sectaries , republican , anabaptistical , jesuitical , levelling party , to pursue their designs afresh , and accomplish what they formerly attempted in the short mock-parliament of their own election , creation anno 1653. and what was then passionately recommended to them by k john canne , the anabaptist in his voyce from the temple ( dedicated to them ) as their generation work , which god and all his people then expected and required from them ; even to extirpate the church , & ministry of england , advowsons , glebes , tithes ; and demolish all parish churches as antichristian ; to extirpate the law root and branch under pretext of reforming and new-moulding it ; to sell all corporation and college lands , and set up a popular anarchy , or tyrannical oligarchy among us , under the disguise of the old dissolved parliament , sitting from 1648. till april 20. 1653. after six years violent ejection of them with highest scorn and reproach , yet now invited by them to sit again to effect these romish designs to our utter confusion , but secluding all those who were like to obstruct or defeat them . upon this consideration mr. prynne as a secluded member of the old parliamemt , wherein he detected oppugned all these treasonable designs heretofore , and since its dissolution by the kings beheading , held it his bounden duty to prevent , defeat them now , and nip them in the bud ; whereupon so soon as those now sitting entred the house , he assayed to go into it , with as many old secluded members as he could , there being 80 of them in london : for although his judgement be , i that this parliament is quite dissolved by the kings beheading , as he oft declared in print : yet since the army-officers and those now sitting with sundry others , pretend it still in being , and under that pretext alone have acted all their publick tragedies , and innovations , he conceived himself bound in conscience upon their concessions , to endeavour to prevent these mischiefs , and do all publick good he might , with better warrant and reason than most ministers , lawyers , justices , magistrates , members of late parliaments , ( as they style them ) have prayed for , complyed with , acted in , under those late governors , governments , & mock parliaments ( as he is confident some now sitting among them in this new convention believe it dissolved , and yet go in only to prevent and allay those mischiefs which others violently pursue ) which their own consciences , and our laws resolve them without scruple to be utterly illegal ; whereas this old parliament , whereof he was a member , was most legallie summoned and convened beyond dispute , and hath the colour of a legal act or parliament for its continuance , which those since have wanted : of which act the greatest part of those now sitting taking advantage , notwithstanding their new instruments , declarations , petitions , advises , addresses , and sessions in other new parliaments since ; and it being a great dispute now among most secluded members , whether that parliament was not yet alive though the king be dead ? the majority of their voyces over-ruling his private judgement , as in all other parliamentary votes and proceedings , gave a present sufficient call , warrant to him and others to enter the house to debate it , and act what and as they did ; which will satisfie all those who censure it as unwarrantable or contradictory to his judgement : especially when they shall hear what he really intended to propose to the sitting members when he got into the house , had they not gone out to prevent it . 1. he intended to inform them of those destructive jesuitical ends and designs , forementioned , which they were now purposely called in to accomplish , carrying along thomas campanella , richilieus instructions , with other books , papers of theirs , and some printed copies of the republicans and others good old cause truly and fully anatamised , now put out and published , to dis-engage them from its pursute at the first , before they were engaged therein by any votes or actions , if he could but gain audience or patience to hear them pressed on their consciences viva voce . but their unparliamentary adjourning on purpose to prevent it when he was in , and forcibly resecluding him by armed gards when once out , he held himself bound in conscience , to publish that to them and the the world in print , which he was not permitted libertie to speak , as he formerlie did ( when forcibly imprisoned and kept from the house by the armie as now , upon the like account ) in his brief mememto to the present unparliamentary juncto , from his pison-chamber at the kings head ( which they soon after took of ) jan. 1. 1648. 2ly . he intended to propose , that all armed gards of souldiers in or near the cities of london or westminster , might by publick proclamation be removed to a convenient distance thence , according to the l antient custome , presidents , and privileges of parliament , prohibiting not only all armed forces , but the very bearing of any arms or weapons in or near the place where the parliament did sit , under severest penalties , lest they should over-awe the members , or any way interrupt their proceedings : which the undutifull mutinous officers , souldiers , now in and near the city , ( though raysed purposely to protect the parliament and its members from all force whatsoever ) have frequently done , nay forcibly secluded , imprisoned , ejected the members themselves sundry times , yea turned the now sitting members out of doors , and now again on saturday last , and this very morning secluded him , and sundry members when they came to enter in . 3ly . that all the lords , all secured , secluded members of the old parliament , not sitting after decemb. 8. 1648. now about the city , ( being double in number to those now sitting ) might presently be called and freely admitted into the house ; and all living members of the old commons house elected or sitting at or before that time , might by the speakers letter be desired in all their names , to meet together in the commons house forty daies after , ( the m ordinary time limited in most writs of summons , or resummons of parliament ) and nothing acted or voted in the interval as a house of commons , till they were all assembled , after their ten years seclusion , dissipation by the armies force and war upon them . this suddain , unexpected clandestine , stealing into the commons house , of about 41 , or 42. members alone , without any general notice given thereof to all the other surviving absent members , or places which elected them ; sitting presently as an house of parliament , accompanied with a present forcible seclusion of all but their own confederates , being a most unparliamentary practice , conspiracy , surprise , unworthy saints , or persons of honour , destructive to the very being , privileges of parliament , injurious to the whole nation , as well as absent and secluded members ; yea contrary to their own republican votes , principles ; n that the supream authority of the nation resides only in the generality of the people : that it cannot be transferred from them to any others , in or out of parliament , but by their free consents and elections : that their representatives in parliament ought to be equally distributed throughout the nation : no member to be secluded when duly elected ; and all things to be carryed only by majority of voyces . contrary to the principles of law , equity , common justice , reason , which resolve , that o publick acts of parliament bind all men , because they all are parties and assenters to them by their election of knights , citizens , and burgesses impowred , intrusted by them , and present when they passed by their common assent ; which they cannot be , when the farre greater number are absent , secluded , and have no notice of their present sitting : contrary to common right , and that just maxime inserted into some antient p parliament writs of summons and elections to sheriffs , quod omnes tangit ab omnibus approbetur , that which concerns all ought to be approved by all . and not only so , but this their surreptitious fraudulent suddain sitting and acting by themselves as a parliament , if they proceeded would make them far more criminal and guilty of highest treason , than king richard the 2d . of old , impeached and , dethroned in the parliament of 1 h. 4. amongst other articles for this q that the said king in his last parliament at salop , purposing to oppress his people , subtlely procured and caused to be granted , that the power of the parliament by the consent of all the states of his realm , should remain with certain persons , to determine , after the parliament dissolved , certain petitions delivered in the same parliament , at that time not dispatched . by colour of which concession the persons so deputed proceeded to other things , generally touching that parliament , and that by the kings will , in derogationem status parliamenti , & in magnum incommodum totius regni , & pernitiosum exemplum : in derogation of the state of the parliament , and to the great disprofit , ( prejudice ) of the whole realm , and permitious example : and that they might seem to have some kind of colour & authority for this kind of their proceedings ; the king caused the rolls of the parliament according to his vote , to be changed and deleted , contrary to the effect of the foresaid concession : which is likewise mentioned in the printed act of 1 h. 4. c. 3 and thus amplyfied ; that a certain power was committed by authority of parliament to certain persons , to proceed upon certain articles comprised in the rolls of the parliament thereof made , and by authority aforesaid divers statutes , judgements , ordinances , and stablishments were made , ordained , and given erroneously and dolefully , in great disherison and final destruction , and undoing of many honourable lords and liege-people of the realm and their heirs forever : wherupon that whole pariament of 21 r. 2. with all the circumstances and dependents thereupon , were wholy reversed , revoked , voyded , undone , repealed , and annulled for ever . if this then were so high a crime and breach of royal trust in king r. 2. even by consent and authority of the whole parliament and three estates . subtilly to procure the power of the whole parliment to remain in the hands of certain persons which themselves approved of ; who exceeded their commission and acted generally as a parliment : and if this was a grand derogation of the state of the parliament , a great damage to the whole realm , and permitious example for posterity ; for which in the very next parliament they impeached , deposed him , and nulled all these proceedings for ever . then questionless their former sitting , acting in the commons house from december 7 1648. till apr. 20. 1653. and now again , without , yea against the consents , votes of the parliament , 3 estates , & secluded members , their repealing , altering , the very acts ordinances of the lords and commons concerning the treaty with the king , and sundry others ; their nulling the act for trienial parliments , the continuance sitting of the lords in this parlament , their ●eclaring themselves alone to be the parliament of england , beheading the king himself , their dis-inheriting the whole house of lords and their heirs for ever of their parliamentary session , judicature , privileges , as much as in them lyeth ; and thousands more of their real and personal estates ; their forcible secluding , securing the greatest part of their fe●low-members , then , and now again by the armies power , and sitting under their fo●ce ( which by their own declaration of august 6 , and the armies in pursuit the●eof august 8. the speakers letter , july 29. 1648. yea sir arthur hasterigges own speech , and others of them , the very two last dayes they sate in the last convention , nulls all they voted or ordered ) must needs be a more execrable transcendent crime by thousands of degreees , a greater derogation to the state of the parliament and its privileges , of more fatal consequence to the whole kingdom , and of far more pernicious example , than this act of his , eternally to be expleded , declared null , void to all intents in it self , and demeriting the highest censures , that the justice of parliament can inflict , being a more superlative treason and high misdemeanour than this kings , or canterburies , impeached by the whole house of commons , and many of them thus act●ng , sitting , r that to preserve himself from being questioned for his trayterous courses , he hath laboured to subvert the rights of parliaments , and the antient course of parliamentary proceedings : this being the last article of his impeachment , for which amongst others he lost his head , which presidents mr. prynne would have pressed them viva voce seriously to consider , at which they must needs stand mute and astonished not having one syllable to reply . 4ly . he would have propounded , that when all the members met together , they should in the first place debate this point , whether the old parliament were not actually dissolved in point of law , by their beheading the king , notwithstanding the statute of 17 caroli c. 7 ? which though themselves by their former and present sitting by pretext thereof , the army-officers heretofore and now again deny , and many secluded members hold still to be in being , yet for his own opinion he held , and had * published it to be dissolved notwithstanding this act , and to be casus omissus out of it , which he was ready to maintain against all opponents , by these reasons , 1. because it hath been f●equently resolved by parliaments themselves , the reverend judges , and our law-books , as 1 h 4 rot . parl. n. 1 , 2 , 3. 1 h. 5. rot. parl. n. 16. 4 e. 4. f. 44. cooks 4. instit . p. 44. by king charles own declaration , 13 junii , 3 caroli , and his judges and counsel then , that the deposition , and death of the king doth actually dissolve the parliament , and that the new king cannot hold and continue the old parliament sitting , or prorogued at his ancestors death , the parliament of 22 r. 2. being dissolved by his resignation of his crown , and the parliaments of 14 h. 4. & * 24 jacobi , by the deaths of these two kings , and by like reason the last parliament of 16 caroli by his violent death . 2ly . because the parliament is no standing court , sitting at certain seasons by positive laws , but summoned , constituted ſ by the kings writs of summons , and royal prerogative , when and where he pleaseth ; and adjourned , prorogued , dissolved by his writ alone in point of law and practise in all ages at his pleasure ; sitting sometimes longer , sometimes shorter , and sometimes prorogued to another day , place , or countermanded after summons , upon just occasions , as the parliament , & clause rolls , the act of 16 caroli c. 1. and other statutes resolve . now all writs of summons being actually abated by the kings death which made them , as well as all commissions , patents of all judges , justices , sheriffs whatsoever , and other writs , informations in the kings name and behalf , as the statute of 1 e. 6. c. 7. cooks 7 report f. 29 , 30. crookes 1 part. p. 1 , 2.10.11.97 , 98. and other lawbooks collected by asb , discontinuance de proces 16. and reattachment 7. determine . the writs of summons , and likewise of parliament must needs abate likewise : and the lords being made judges , t and the commons * members of that particular parliament only by the kings writ : his death must determine their parliamentary judicature or authority , sitting during the kings pleasure , as well as the judges , justices , sheriffs patents , and all other commissions whatsoever . 3ly . because every parliament heretofore , & in the reign of k. charls , by the very recitals of the writs , is called : 1. in the name and by the authority only of the king regnant ( in his natural capacity , accompanied with his politick ) by his christian name , carolus dei gratia rex , &c. expressed in it , not generally by the office king but carolus rex . 2ly . it recites it to be called v de avisamento consilii nostri : 3ly . it stiles it nostrum· 4ly . that the occasion of calling it , was about certain arduous businesses nos et defensionem regni nostri , ( & jura coronae nostrae , &c. in many antient writs ) contingentibus : 5ly . that his intention in calling it , is quia cum pralatis , magnatibus et proceribus dicti regni nostri , or nostris colloquium habere volumus et tractatum . 6ly it summons them thus ; vobis mandamus , &c. quod personaliter intersitis nobiscum , or ad nos , such a day and place , nobiscum et cum caeteris praelatis , magnatibus , et proceribus praedictis tractaturi , vestrumque consilium impensuri , super negotiis antedictis . 7ly the knights , citizens , burgesses and barons of ports in the commons house are summoned to doe and consent to those things which shall happen by gods favour to be then ordained de communi consilio super negotiis antedictis ( in sundry writs stiled by the king , negotia nostra , negotiorum nostrorum , &c. ) which clause is thus explained in claus 36 e. 3. d. 16. cl . 37 ● . 3. d. 22. cl . 38 e. 3. d. 3. cl . 39 e 3. d. 2. cl . 42 e. 3. d. 22. cl . 47 e. 3. d. 29. ad consentiendum biis quae per nos , ac dictos magnates et proceres ordinari contigerit favente domino . from all which particular clauses in the very writs of summons , it is undeniable , that the parliament of 16 caroli , was ipso facts dissolved by the kings death : 1. because this parliament was summoned particularly by king charles in his natural as well as politick capacity , not in his politick alone , nor yet by or for him , his heirs & successors ; who ceased to be both charles and a king of this realm by his death 2ly . the counsel by whose advice it was summoned , was his not his heirs and successors counsel . 3ly . the parliament convened , his parliament alone , not his heirs or successors , both of them ceasing to be his counsel or parliament by his decease . 4ly . the subject matter for which it was summoned . divers urgent and arduous businesses concerning vs , not our heirs or successors , and the defence of our ( not their ) realm of england : who was no more us , and the kingdom no more his kingdom , so soon as he lost his life . 5ly . the end of summoning this parliament , was only this , for the king himself to have a conference and treaty with the prelates and nobles , and for them to be personally present with vs , not our heirs or successors , to give vs their counsel , &c. not our heirs and successors : all frustrate , made impossible , and absolutely ceasing by his death : because when once dead , they can neither parlie , conferr , nor treat with the king himself , nor the king with them , nor be personally present with him for that purpose : unlesse they will averr , that a meer dead headlesse king can really confer , treat , parly , consult , advise with his living prelats , lords , parliament , and they with him , & be parliamentally present with each other in the lords house neither of which they dare admit into it , for fear the king if living , and lords too , should afright them out of it , as the kings ghost , yea the memorial of it though dead , might justly do . 6ly . the mandatory part being in the kings name alone ; to summon them to treat with and give their counsel unto vs concerning the foresaid businesses relating to vs and the defence of our realm , our businesses aforesaid , not our heirs and successors he and his businesses all ending when he expires , the parliament must of necessity determine . 7ly . the parliament ceasing to be the common counsel of the king and his kingdom , and nothing possible to be ordained by us , ( the king , not his heirs and successors ) prelates , nobles in parliament , without his concurrent vote , or when he is dead ; unless a dead king can give counsel , make ordinances , give his royal assent to bills when deceased . it must inevitably follow , that all the authority , causes , grounds , ends for which the members of this parliament were all summoned to treat , consult , and give their advice to the king himself determining , and becoming impossible to be performed by his death ; the parliament must of necessity expire and be dissolved , even as the natural body ceaseth to be and remain a living man when the head is quite cut off : if then those now sitting ( who cut off the kings head , the head of the parliament , and thereby destroyed that temporary body politick ) will have their conventicle revived by this act , they must set on his head again , raise him alive out of his grave , and bring him back into the house , to impeach , condemn , decapitate them in this true high court of justice for this their beheading him in their court of highest injustice . which mr. prynne presumes they dare not doe , least his revived ghost should scare them thence , or justly retaliate their transcendent treachery . 4ly . if any man by his will , deed , the king by his commissions , the parliament by a special act or order , shall a authorize , impower any 3. persons joyntly to sell lands , give livery and seisin , execute any commission , as judges , justices , commissioners , auditors , or committees of parliament , if any one of them die ; both the survivors joyntly or severally can doe nothing , because their authority , trust was joynt , not several , and joyntly , nor seperately to be exercised . if there be not 40 commoners in the house , they cannot sit or act as an house , nor dispatch the least affair ; no more can any committee of either house , unless their number be sufficient to make up a committee , as the orders and custom of parliament appoint : therfore , the parliament of england being a * corporation , compacted joyntly of the king , lords , and commons house , and three estates , the death of the king necessarily dissolves the parliament , notwithstanding this act , which did not alter the parliaments old constitution , but establish it . the b kings personal absence from his parliament heretofore and of late , was reputed very prejudicial to it ; and his calling away some lords , great officers , and other members from it , a high way to its present dissolution , in his life . therefore it must much more be dissolved by his death ; and the lords and commons forcible seclusion both before and since it by the army and sitting members ; they having c vocem & locum in quolibet parliamento angliae , as our law-books , statutes and their patents resolve . 5ly . the principal end of calling parliaments is , to enact new and necessary laws , and alter , repeal such as are ill or inconvenient ; as the prologues of our printed statutes , our writs of summons , law-books , attest , and all accord . but no new act of parliament can be made , nor no former acts altered , repealed , but by the kings royal assent ; who hath a negative voice to deny , as well as affirmative to assent to them , as well as the lords and commons , as all our parliaments , judges , d law-books , parliament records , treatises of parliaments , the printed statutes in each kings reign , more particularly , the statutes of 33 h. 8. c. 21. 1 jac. c. 1. in the close resolve ; yea , e both houses acknowledged it in all contests with the late king , our kings coronation oaths , and all our antient saxon kings lawes attest it . therefore his death must needs dissolve the parliament , notwithstanding this act , because it could make no act for its dissolution , nor declare , alter , repeal any other law , without his royal assent . there are but 2. objections made by any sitting or secluded members against these reasons , that his death should not dissolve the parliament . the 1. is this , which the republicans themselves formerly and now insist on , that the king doth never die in judgement of law , and that there is no interregnum , because the crown immediately descends to his right heir , who by law is forthwith king de jure and de facto , before his actual proclamation or coronation ; as the statute of 1 jacobi ch . 1. cooks 7 rep. f. 10 , 11. calvins case , and other books resolve . to which mr. prynne answers 1. that this argument is but an axe to chop off their own heads , and supremacy , as they did the kings ; and the objectors now sitting must either renounce their sitting , acting , knacks , declarations against the late king , kingship , and the house of lords , or quite disclaim the objection : for if the king never dies : then by their own confession and our lawes , we are still a kingdom , not a republike ; yea charles steward , as heir to his beheaded father , was and is still de jure & de facto the lawfull king of england , and supreme lord and governour of our church , kingdom , there being no interregnum , ever since his fathers death ; and then what becomes of all their absurd , illegal knacks against his regality , and kingship it self , ( of which they are forced now to pray in ayd to make themselvs a parliament ) of their mock-parliament , without king and house of lords ; of their perfidious treacherous engagements against both , and supreme authority of the nation which they have tyrannically usurped ? 2ly . though the king in genere , or rather kingship it self , never dies , yet the x king in individuo may , and doth oft times die : and if the successive deaths of all our kings since we were a kingdom be not a sufficient proof thereof ; the very objectors and john bradshawes y beheading the late king , and putting him to such a shamefull publike death , as no pagan nor christian lawfull king of england ever formerly suffered by perfidious , perjurious , treacherous subjects since it was an island , ( against our laws and votes of parliament in the highest court of injustice created by them for that end ) is a sufficient evidence , that the king of england dieth as well as other men , ( as they all must likewise doe in gods due time ) unless they will make the world believe to expiate their treason , that they did not kill the king in cutting off his head , but that he is still alive , because some others ( as is reported ) did reunite and sow it to his bodie , when severed from it by them . but of this enough , since m. p. presumes they will henceforth rather renounce their parliaments being , than bottom its present existence upon this z bloudy foundation , and their exploded kingship . the 2d . objection is from the words of the statute of 17 caroli , c. 7. which declareth , enacteth , that this present parliament now assembled shall not be dissolved , unless it be by act of parliament : in the negative : ergo , it shall not be dissolved by the kings death , being no act of parliament , nor any act of parliament yet made for its dissolution . whereunto mr. prynne answers : 1. that the sole end , scope of this act was not to provide against the dissolution of the parliament by the kings natural , or violent untimely death , not then thought of , ( he being in perfect health , likely to live many years by the course of nature , and to survive all the ends for which this act was made , ) but to raise credit for the parliament to provide monies by this act , to prevent the untimely dissolution , proroguing , adjourning of this parliament by the kings own regal power : he having prorogued , dissolved all former parliaments during his reign in discontent , by his regal power ( not death ) against the lords and commons wills . 2ly . this is intituled , an act to prevent inconveniences which may happen by the untimely adjourning , proroguing , or dissolving of this present parliament , and the prologue , body of the act , provide joyntly and severally against all three , to wit , the untimely proroguing , or adjourning , as well as dissolving of this parliament . but no parliament ever was , is , or possibly can be untimely prorogued , or adjourned , by the kings death , but only by his actual regal will and power : therfore the dissolving of it , intended by this act , must be only an untimely dissolution by his actual will , commission , writ , and regal power , alone , by which his former parliaments were prorogued , dissolved against the lords and commons assents , not by his death , whether natural or violent , being against his will , and no part of his regal supremacy , but only of his human frailty 3ly the inconveniences the commons feared would ensue by the untimely dissolution of this parliament , and endeavoured to prevent by this act , are thus expressed in the prologue . where as great sums of mony must of necessity be suddainly advanced and provided for relief of his majesties army , & people of the nothern parts of this realm , and to prevent the imminent danger this kingdome is in , and for supplying of other his majesties present and urgent occasions , which cannot be so timely effected as is requisite , without credit for raysing the said mony : which credit cannot be obtained , untiil such obstacles he first removed as are occasioned by fears , jealousies , apprehensions , of divers of his majesties subjects , that this present parliament may be adjourned , prorogued , or dissolved , ( 1. ) before justice shall be executed upon delinquents , ( 2ly . ) publike grievances redressed , ( 3ly . ) a firm peace between the two nations of england and scotland concluded , ( 4ly . ) and before sufficient provision be made for the repayment of the said monies , so to be raysed : all which the commons in this present parliament assembled , having duly considered , do therefore humbly beseech your most excellent majesty that it may be declared and enacted . and be it therefore declared and enacted by the king our soveraign lord , with the assent of the lords and commons in this present parliament assembled , and by authority of the same , that this present parliament now assembled shall not be dissolved , unless it be by act of parliament to be passed for that purpose , &c. by which it is undenyable , 1. that the commons when they petitioned for , the king when he declared , enacted , & the lords and commons when they assented to this act , did never think of , or intend to provide against a dissolution of this parliament , by the kings untimely death , nor of a future dissolving it by an act of parliament by his successors or others after his decease ; but on the contrary , presupposed the continuance of his life , and of this parliament thereby , till all the inconveniences they recite were prevented , and a new act passed by him and them jointly to dissolve this parliament when these inconveniences were prevented and things effected : which is irrefragable , 1. because they declare in terminis , the speedy advancing and providing of monies , for the relief of his majesties armies , and people of the nothern parts ( not their subsequent armies ) and the supply of his maiesties present and urgent occasions , ( not their own ) and the fears , jealousies , and app●ehensions of divers his maiesties loyal subiects , & c. ●o be the only ground of their humbly beseeching his maiesty for this act. all which presuppose his life , being , preservation , and the commons great care of complying with him as their soveraign lord , without the least thought of his untimely death since happening , or secluding the king or his poûeritie , out of this and all future parliaments by colour of this act , as those now sitting have done point-blanck against it . 2ly the fears , jealousies , and apprehensions they had occasioning this act , were only these , that this parliament might be adjourned , p●orogued , dissolved , 1. before justice shall be duly executed upon delinquents , ( then in being and complained of , as strafford , canterb●ry , the ship-mony judges and others , not new delinquents since , not then dreamed of . ( 2ly . ) before publick grievances redressed ( hose then complained of , not others arising afterwards . ) 3ly . before a firm peace between the two nations of england and scotland concluded , ( by reason of the former not subsequent breaches between them and the king ) 4ly . before sufficient provision to be made for the repayment of the said monies to be raised , ( not for the parliaments subsequent armyes and occasions ) but for his maiesties army and people in the north , the preventing the then imminent danger of this kingdom , ( not of our new common-wealth , or dangers since arising ) and for supply of other his maiesties present ( not future ) and urgent occasions . but none of these four particulars could be accomplished by the lords or commons alone af●er his majesties death , but by the king alone , or by his concurrence with them whiles living : yea they were all actually accomplished in his life time , long before his death . the first , by the executions of strafford and canterbury ; the impeachments , censures of the shipmony-judges , and other delinquents both in scotland & i●eland , the 2d . by the * acts abolishing shipmony , & the taking of tonnage , poundage , and other taxes without act of parliament : the acts for the preventing of inconveniences , happening by the long intermissions of parliament : for regulating of the privy-counsel , taking away the court of star-chamber , and high-commission , against divers incroachments and oppressions in the stannary court : for the certainty of forests and their meets and bounds : for the better ordering and regulating the office of the clerk of the market ; for reformation of false weights and measures , for preventing vexatious proceedings touching the order of knightship , for the abbreviation of michae●mas term , and for the free importation of gunpowder , and salt-peter from forein parts , and making of them in england . by all these good acts passed f●eely by the king soon after or before this act , he fully redressed all grievances then complained of , or intended within this law. the 3d. by the act of confirmation of the treaty of pacification between the two kingdomes of england and scotland . the 4th . by the several acts passed for the relief of his majesties army , and the northern parts of this kingdom ; for the better raising and levying of mariners and others for the present guarding of the sea and necessary defence of the realm ( not republike ; ) for the subsidies of tonnage and poundage granted to the king , for the speedy provision of money for disbanding the armies , and setling the peace of the two kingdoms of england and scotland ; for securing such monies as are due to the inhabitants of the northern counties , where his majesties army have been billetted . and for securing by publike faith the remainder of the friendly assistance and relief promised to our brethren of scotland ; all passed and published by the king himself , anno 16 & 17 caroli 1640. & 1641. at least 7. years before his beheading : it is most certain , that all these ends of making this law , ( as the prologue thereof , and the word therefore in the commons prayer , infallibly declare ) were fully accomplished by the king in his life , so long before his untimely death : therfore none of thē now remaining to be performed ; & all acted since their accomplishment by those now sitting , being diametrically contrary to this act , these ends , and occasions of it ; this parliament must of necessity be beheaded , expired with the king ; and cannot survive his death . 4ly . the words , that this present parliament assembled shall not be dissolved , unlesse it be by act of parliament to be passed for that purpose , nor shall at any time or times during the continuance thereof , ( twice recited in the subsequent clauses ) be prorogued , or adjourned , unlesse it be by act of parliament to be passed for that purpose ; can be intended of no other but that present parliament , which passed this act : which consisted of the kings maiesty our soveraign lord ( by whom this and all other acts passed or to be passed , was declared and enacted ; and this intended act likewise ) not of his heir or successor after his death ; and of the lords and commons house then in being ; not any new house of lords or commons succeeding after their deaths then sitting : therefore when the king was cut off by an untimely death , and thereby an impossibility accruing to dissolve it by an act of parliament within the words or intent of this act ; it must of necessity be dissolved by his beheading : impossibilities making acts of parliament to perform them meerly void , as our lawe makes n impossible conditions ; 5ly . this act and those who made it , must have and had a retrospect to the writs whereby it and they were summoned , and the ends , things therein expressed : but they all determined , and became impossible after the kings beheading ; therefore the parliament must be destroyed with him : since cessante causa , o cessat effectus , & cessante primativo , cessat derivativum , as all our lawyers , law-books , and natural reason resolve . 6ly . the last clause of this act , that every thing and things whatsoever done or to be done , ( to wit , by the king or any other ) for the adjournment , proroguing , or dissolving of this present parliament , contrary to this act , shall be utterly void and of none effect , do clearly ex●lain the meaning of this act to be this , that it extends only to things done or to be done by the kings will and power , as to his commissions proclamations , writs , warrants , precepts , to adjourn , prorogue , or dissolve this parliament , ( as he had done others heretofore ) here declared to be utterly null and void ; not to his death wherein he was only passive , being forcible against his will and the parliaments too : which death no parliament can make null and void , in respect of the act it self ; so as to restore him to life , though the whole parliament , and our three kingdomes may and ought to null it , in respect of the illegal manner of his execution , not to be paralel'd in any age. 7ly . the commons themselves in their d remonstrance of the state of the kingdom 15 decemb. 1641. declared , that the abrupt dissolution of this parliament is prevented by another , ( this ) bill ; by which it is provided , it shall not be dissolved , adjourned , without the consent of both houses : yea the lords & commons in their e declaration of may 19. 1642. declare , that excellent bill for the continuance of this parliament was so necessary , that without it we could not have raised so great sums of monies for his majesties service , and common wealth as we have done ; and without which the ruine and destruction of the kingdome must needs have followed ( as since of the kingdom , and parliaments too by pretext thereof . ) and we are resolved the gracious favour of his majesty expressed in that bill , and the advantage and security which thereby we have from being dissolved ( by him ; ) shall not encourage us to do any thing which otherwise had not been fit to have done , which whether these formerly & now sitting have performed , let their own consciences resolve . after which the lords and commons in their humble petition to his majesty , f jun. 17. 1642. desire , that your majesty having passed an act , that this parliament shall not be dissolved but by act of parliament , your majestie would not do any thing tending thereunto , by commanding away the lords and great officers whose attendance is necessary thereunto . ( therefore the sitting members abolishing the whole house of lords , and their secluding most of the commons members by this petitions concession must dissolve it , both lords and commons in their declaration g 26th . maii , 1642. adde . we hope the people will never be carryed away with a noyse of words against the parliament , to make any such equitable construction of the act for the continuance of this parliament ; as may tend to the dissolution thereof , ( by the declaration of the king , which they answer in this ) and their own destruction therein . by all which passages it is apparent , that this act provided against every thing or things , done or to be done by the kings will or prerogative , without the houses consent for the dissolution of this parl. not against its dissolution by his death . 8ly . the king ( and his party too , ) did thus interpret it more than once in these passages . h in his majesties own answer to the declaration of the lords and commons of 19 may , 1642. we expressed a great trust in our houses of parliament , when we devested our self of the power of dissolving this parliament , which was a iust , necessary , and proper prerogative : to wit , when done by vertue of his prerogative , which this act devests him of , not by a natural much less a violent death , no part at all of this prerogative , but highest act against it , to its and his dissolution . i in his answer to the petition and propositions of both houses , 2. june 1642. we were willingly contented to oblige our self for the present exigent to raise monies , and avoid the pressure ( no less grievous to us than them ) the people must have suffered by a long continuance of so vast a charge as two great armies , and for the greater certainty of having sufficient time to remedy the inconveniences , when during so long an absence of parliaments , as for the punishment of the causers and ministers of them , we yielded up our right of dissolving our parliament , expecting an extraordinary moderation from it in gratitude , for so unexpected a grace , and little looking that any malignant party should have been encouraged or enabled to have perswaded them . first to countenance the injustices and indignities we have endured , and that by a new way of satisfaction for what was taken from us , to demand of us at once to confirm what was so taken , and to give up almost all ( and now more than all ) the rest . and in his answer to their k petition of 10 june 1642. for that part of the petition which seemed to accuse his majesty of a purpose to dissolve this parliament ( contrary to the act for the continuance ) by commanding away the lords and great officers whose attendance is necessary ; which his majesty knows to be a new calumny , by which the grand contrivers of ruine for the state hope to seduce the minds of the people from their affection to , and jealousies of his majesty , as if he meant this way to bring his parliament , ( which may be the case of all parliaments ) to nothing . it is not possible for his majesty more to express himself thereunto , and his resolution for the freedom , liberties , and frequency frequency of parliaments than he hath done . and who now considers how visible it must be to his majesty , that it is impossible for him to subsist , without the affections of his people , and that these affections cannot possibly be preserved or made use of , but by parliaments , cannot give the least credit , or have the least suspition , that his majesty would choose any other way to the happiness he desires to himself and his posterity , but by parliament . from all which premises it is apparent , that the king himself and both houses of parliament did never intend by this act to prevent the dissolution of this parliament by the kings natural death , ( the act of god they could not prevent ) nor yet by his violent beheading ( which then they neither intended nor foresaw ) but by his own voluntarie act and royal prerogative , by which he formerly adjourned , prorogued , dissolved parliaments at it his pleasure . 9 ly . it is resolved in our law-books , that if an act of parliament refer to or confirm a thing which is not , or a thing which is utterly against common law , reason , justice , as for a man to be a judge or witnesse in his own case ) or a thing that is mis-recited , or repugnant , or impossible to be performed , there the common-law shall controll and adjudge such an act to be meerly void , plowdon f. 398 , 399 , 400. cook 8 reports , f. 118. a. b. ash . parliament , 13. hobards reports p. 85.86 , 87. but it is repugnant to reason , justice , nature , the intention of the writs of summons , yea a thing impossible , that the king should treat and confer with his parliament after his death , or the parliament not determine by it . therefore were it particularlie provided for by this act , it had been void in law , ( as if this act of parliament had declared , that a mariage between man and wife shall not be dissolved by the death of either of them , but continue indissolvable by death , against nature , experience , scripture , rom 7.1 , 2 , 3. ) much more then when not expressed nor intended by this act , as the premises evidence . xly. admit the parliament still continuing by this act , yet those now sitting neither are nor can be so much as an house of commons , much less the parliament within that act , for these unanswerable reasons , 1. the house of commons within this act , were a full and compleat house , consisting of above 500 members ; those now fitting in may 7 , & 9. but 42. viz. mr will. lenthal , quondam speaker , * henry martin , lord monson , mr. chaloner , mr. heningham , alderman atkins , alderman penington , th. scot , corn. holland , sir arthur haslerigge , sir henry vane , sir james harrington , mr. whitlock , mr. prydeaux , mr. lisle , col. ludlow , mich. oldsworth , john jones , wil. purefoye , col. white , henry nevil , mr. say , mr. meston , mr. brewster , col. bennet , serjeant wilde , mr. goodwin , mr. lechmore , col. ingoldesby , mr. blagrave , mr. gold , col. sydenbam , col. byngham , col. ayre , mr. smith , augustine skinner , mr. down , mr. dove , iohn lenthal , rich. salaway , iohn corbet , col. walton ; there being 300. members more of the old parliament yet living , besides those who are dead . 2ly . those then sitting went in openlie like a house , upon 40 daies general summons by writs , setting without gards , secluding none of their fellow-members by force . those now sitting stole sodenlie into the house , in a surreptitious manner , without any notice given to the people of the nation , or to those for whom they formerly served , or to the absent members , or those then in london , or westminster-hall , who were not of their combination : setting gards of army-officers at the door , ( who conducted them thither , ) and presently secluded mr. prynne , and the other members who upon the first notice of their sitting came to know upon what account they sate : taking forcible possession with souldiers , and strong hand of the commons house , and keeping themselves in possession thereof by force against the secluded members & majority of the house , contrary to the statutes of 5 r. 2. c. 7.15 r. 2. c. 2. 8 h. 6. c. 9. 31 eliz c. 11. against forcible entries and deteiners ; the statute of 7 e. 1. the libertie , privilege , rights , and usage of parliaments : a practice utterlie unseeming such transcendent saints , patriots of publick liberty , as they boast themselves , & that honor , justice , honestie , synceritie , gravity , wisedom , which becomes all members of a parliament , and reformers of all publick grievances , frauds , and indirect practises in others . 3ly . that old house of commons had a special care of providing for the kings armie , his urgent and present occasions : professed themselves his loyal subjects , and him to be their king and soveraign lord ; humblie besought his most excellent majesty , that it might be declared and enacted by him , that this parliament might not be dissolved , prorogued , or adjourned , but by act of parliament ; acknowledging they could make no such act without his majesties royal assent , and that both the king and lords house were essential members of the parliament within this act. but those sitting since 1648. till 1653. and now again thus entring the house , by pretext of this act , have renounced , abjured , and professedlie engaged against all this , to which they are direct antipodes ; therefore no commons house within this act. 4ly . the commons house within this act , was that house which was then in being when this act passed , dulie elected by the people by the kings writs , not the armie-officers , and pursued the self-same ends recited in the preamble , for which this act was made and assented to by the king and lords . but this new house was created , constituted , not by the kings writs , or peoples election , but the armies swords , and conspiracie , 7 years after this act first passed ; then disowned , and turned out of doors above 6 years by the army ; and now re-inducted into it by their armed votes and force to serve their ends , not to pursue those mentioned in the act , accomplished many years since , and now becoming impossible . therefore they are not so much as an house of commons within this act , and the armie-officers and souldiers who formerly thrust them out , & now recall them ; may do well to consider that gospel-text , gal. 2.18 . if i build again the thing i destroyed , i make my self a transgressor , even against this very law , as well as the law of god , and other laws of the land. xi . if they are not so much as a commons house of parliament , much less then are they the lawfull parliament of england , in anie sense within the letter or meaning of this act , no more than so manie of the old gunpowder popish-traitors , ( had their treason taken so good effect in blowing up king iames , the lords whole house , and majoritie of the commons house there assembled , as their late new powder-plot hath done ) had been the onlie lawfull parliament of 3 iac. they destroyed , in case they had entred then into the commons house with the mace before them , and created , stiled themselves alone the parliament of england , as a right devolved unto them by conquest or succession ; which had they presumed to do , no doubt the whole english nation * would have risen up against them as one man , and never have so far dishonored themselves , their religion , or countrie , as to own and submit to those jesuitical romish-traitors , only for destroying of their lawfull king , lords house , and english parliament it self , as the onlie true old english parliament then re-assembled . the reasons are unanswerable , 1. because the whole house of commons then sitting in its primitive splendor , fullnesse , freedome , was by its own quadruple acknowledgement in it , no more but the commons house , and one member of this parliament , not the parliament it self ; never owning , owning , but professedlie disclaiming it self to be the parliament , or present parliament within this act. 2 ly . because this act was made not by the commons alone without the king or lords concurrence , but by the king as their soveraign lord , declaring and enacting , and the lords and commons , as jointlie assenting thereunto . 3 ly . because it is most absurd to conceive , that the king and lords by passing this act , to continue this parliament as then constituted , till dissolved by act of parliament , did * ever intend to seclude themselves quite out of it , or to make the commons house alone an absolute independent parliament , without both or either of them ; though five times speciallie providing by name for their parliamentarie interests ; or that they or the commons intended to make each of themselves a distinct parliament without the other , and so to erect three new parliaments at once , by providing against the untimelie proroguing , adjourning , or dissolving of one ; the king and lords both jointlie and severallie having the self-same arguments from this act to prove each of them a several or joint parliament without the commons , by the commons own intention in passing this law , as the commons have to justifie themselves to be a parliament , now they have secluded and engaged against them both , and will admit of neither as members of their parliament , when as this verie act preciselie prohibits the king to dissolve , prorogue , or adjourn the parliament , or either house therof ; or the lords to prorogue or adjourn , much less dissolve the commons house , or the commons to prorogue or adjourn , much lesse dissolve the lords house , declaring and enacting , that at any time or times during the continuance of this parliament , the lords house shall not be adjourned ( nor yet the commons house ) but onlie by their own respective orders , and by themselves alone , declaring , enacting everie thing and things whatsoever done , or to be done to the contrarie , to be utterly void and of none effect . 4 ly . because this act both in the title , prologue and body , prevents onlie the untimely proroguing , adjourning , and dissolving of this present parliament at any time or times during the continuance of it , but by act of parliament or themselves , stiling it 8. several times , this present parliament , and giving it no other title , yea it preciselie describes it to be , a parliament onlie of king , lords , and commons , as it was when this act was made , and so to continue till its dissolution . but the parliament now sitting , was not this present parliament , being not then known , heard of , nor imagined ever to start up in after-ages , by any who made or consented to this law , it being created onlie by the armie 7 years after this act , and now revived full 18 years after it , without anie king or house of lords , and protesting , engaging against them both as no members of it . neither can they pursue any one of those ends for which this parliament was continued . therefore they are doubtlesse beyond dispute , no parliament at all within the words or intention thereof , their own consciences , reason being judges , ( whatever they pretend ) nor yet by their own republican principles , a free and equal representative of the people . 6 ly . by the a law and custom of all nations , nature , reason , justice , equitie , the laws of england , and of all publick or private ecclesiastical , civil , or militarie councils or corporations , the majority of persons , members , voyces , votes , are alwayes reputed the parliament , council , synod , corporation , and do , yea ought of right to bind the lesser part ; as well in making laws , ordinances , as elections , and all else that concerns the publick . yea the general and general counsel of the army-officers in their petition to those and others now sitting in parliament , and draught of an agreement of the people for a secure and present peace , framed , prepared , and presented to them , to be established and subscribed by the people , january 20. 1649. not onlie subscribed thereto : but proposed , b that 150 members at least be alwayes present in each sitting of the representative , at the passing of any law or doing of any act whereby the people are to be bound , saving that the number of sixty may make the house for debate ; or resolutions that are preparatory thereunto . therefore the 42 members secretlie skipping into the house , secluding the rest , may 7 , & 9 being not the 10th part of the members of the old parl. now surviving , by all nations laws , consents , can be no parliament , nor house of commons within this act ; nor pass anie thing to bind the majoritie of the members or people in anie kind whatsoever ; what ever anie imprudent , illiterate , shameless , namelesse scriblers , or themselves ( against their own reasons , * consciences , iudgements , principles , resolutions ) pretend to the contrarie : but dare not once affirm in good earnest . it being a received maxime in all ages c populi minor pars populum non obligit . 6 ly . it is a rule in our d lawbooks , that all statutes ought to be interpreted according to reason , and the true mind , meaning , intention of those that made them : but it is most certain , that it is against all reason , and the true intents , minds , meaning of the makers of this law , to make a parliament without a king , or house of lords , or majoritie of the commons-house : or that all or anie of them , when they made this act , did ever dream of such a juncto as this now sitting ; or to seclude themselves , and resign up their own interests , freedoms , privileges , right of sitting in parliament with them , to constitute them the onlie parliament of england , as everie line , syllable throughout the act demonstrates . therefore they neither are nor can be a parliament within it , neither can the bedlam , turkish , bruitish , unreasonable argument of the longest sword , or armie-logick , nor the petitions , addresses of any crack-brain'd sectaries , and vulgar rabble of inconsiderable illiterate people , nor the presence of anie lawyers sitting with , or acting under them as a parliament , to their own and their professions dishonour , make them so in their own , or any wisemens , or judicious , honest lawyers judgement whatsoever . and therefore out of conscience , shame , justice , prudence , and real christianitie , ( have they anie left ) they must needs disclaim themselves to be a parliament , and no longer abuse the nation , or others under their disguise . all with mr. prynne , if admitted would viva voce have pressed home upon them , but being forcibly secluded by their gards , because unable to answer or contradict his law or reason , he now tenders to their view , and the judgement , resolution of the whole english nation , to whom he appeals , with this publick protestation . that if they will freely call in all the surviving members of the lords and commons house , sitting till december 1648. without secluding anie by force , or new unparliamentarie impositions or seclusive engagements , which they have no power to impose : if they upon a free and full debate shall resolve , the old parliament to be still in being , and not actually dissolved by the kings beheading , notwithstanding his premised reasons to the contrarie ; he will then submit his private iudgement to their majority of voyces in this , as well as in all other parliamentary debates , and contribute his best assistance and advice as a fellow-member , to heal the manifold breaches , prevent the approaching ruines of our indangered church , realms , parliaments , laws , liberties , peace , and establish them upon better foundations than those now sitting ( to promote their own and the armies interests rather than the peoples or nations ) are ever likely to lay . who if they can prove themselves a true and lawfull english parliament within this act , without either king or house of lords , or this their clandestine , forcible entry into and seclusion of their fellow-members out of the house , and actings in it to be lawfull , equitable , righteous , honorable , parliamentarie , christian , and such as well becomes either saints , members , or true good englishmen , by anie records , parliament rolls , acts , presidents of like kind in former ages , law-books , customes , common or civil-law , scripture , divinitie , reason , ethicks , policks ( except machiavils , and the sole argument of the longest sword , the most bruitish , unjust , unchristian , turkish of all others ) mr. prynne will then publicklie declare them to be that in truth , which as yet he neither can nor dares to acknowledge them to be so much as in appellation , either as a member of the old parliament , a covenanter , a protester , a lawyer , a scholar , a man , an englishman or a christian . and hopes , that upon the perusal hereof they will as much disown themselves to be the parliament within this act , or anie lawfull parliament of england even in their judgments , consciences , much more in actings , for the premised reasons , as he or anie other secluded members do ; not out of anie spirit of contradiction , but conscience , and common dutie to themselves , and their native country . that which principallie elevated , yea inflamed mr. prynnes zeal , both now and heretofore , with all his might to oppose all late publick innovations , changes of our antient government , parliaments , laws , was this sad and serious consideration , which he shall with all earnest importunitie intreat , advise all army-officers , souldiers , sitting or secluded members of the lords or commons house , with all well-affected persons to the safetie , settlement of our religion , church , state , throughout our three nations , most seriouslie to lay to heart , and engrave upon their spirits , not to read it as they do news-broks , ( only to talk of them for a day or two ) but as they read the evidences of their inheritances , whereby they hold all their earthlie ( yea heavenly ) possessions , that they may remember , act according to it all their lives . that william watson ( a secular priest of rome ) in his dialogue between a secular priest and a lay gentleman , printed at rhemes , 1601. in his a quodlibets , printed 1602. and william clerk a secular priest , in his answer to father parsons libel , 1604. p. 75. &c. ( then best acquainted with the iesuites designs against england of all others ) did in precise terms publish to the english nation , in these their printed books , a that father parsons the english jesuite , ( the most active professed enemie to our english kingship , kings realm , church , religion ) & his consederate iesuitical society , did so long since ) give out and prophesied , that they have it by revelation , and special command from god , that their order and society was miraculously instituted for this end , to work a dismal change amongst us , wherein all laws , customes , and orders must be altered , and all things turned upside down : and that they being the only men who have the name , title , and authority of jesus , by them it is , that this marvelous change and alteration shall be wrought , in such sort as from the beginning of the world was the like never heard of before to this present b that this jesuite father parsons in his book of the reformation of all the states of england , as he b prescribes a reformation of the prince , court , counsellors , noblemen , bishops , prelates , pastors , universities , lawyers , and laws , in all which he will have strange metamorphoses , so he will have the court of parliament it self brought to better order , to effect all these dismal changes . that the way whereby he & they intended to bring about all these changes was , to bring all england into an uprore ; for common souldiers to examine their soveraigns what titles they hold by , and by infusing this their jesuitical principle into the souldiers and people , that every pecope or tartarian multitude , getting once the title and stile of a publick state , or helvetian common wealth , may alter , change , innovate the course , inheritance , and succession of the crown and lands under them ▪ to make the island a iaponian island of iesuites , and infeoff themselves by hook or crook in the whole imperial dominion of great britain , putting all the whole blood royal of england to the formidon , as but heirs general in one predicament . for their better accomplishment whereof this william watson subjoyns his own opinion in these words c i verilie think that all the puritans and anabaptists will joyn with the iesuites , ( to effect the●e changes ) at length , how far soever they seem to be , and yet are , in external profession of religion : there being at least half an hundred principles and odde tricks concerning government , authority , tyranny , popularity , conspiracy , &c. wherein they jump as just together as if both were made of one mould ; but when they shall thus joyn together , he predicts , that the iesuites having more singular fine wits amongst them , and manie learned men on their side , whereas the puritans and anabaptists have none but grossum caputs ; the iesuites manie gentiles , nobles , and some princes to side with them ; the puritans but few of the first , rare , to have anie of the second , and none of the last on their side : by consequence , if matters come to hammering between the iesuites and puritans , the latter are sure to be ridden like fools , and come to wrack . he superaddes to this , d that father parsons and his companie have laid a plot , as most consonant and fitting for their other designments , that the common law of the realm of england must be ( forsooth ) utterly abolished , or else bear no greater sway in the realm than the civil law doth . and the chief reason is , for that the state of the crown and kingdome by the common laws is so strongly setled , as whilst they continue , the iesuites see not how they can work their wills . secondly , the said good father hath set down a course ; how every man may shake off all authority at their pleasures , as if he would become a new anabaptist or iohn of leydon , to draw all the world into a mutiny , rebellion , and combustion . and the stratagem is , how the common people ( and souldiers ) must be inveigled and seduced , to conceit to themselves such a liberty or prerogative , as that it may be lawfull for them , when they think fit , to place and displace kings and princes , as men do their tenants at will , hirelings , or ordinary servants . which anabaptistical and abominable doctrine , proceeding from a turbulent tribe of trayterous puritans and other hereticks , this treacherous iesuite would now foist into the chatholick church , as a ground of his corrupt divinitie . mr. prynne having some year since diligently observed all these passages , with sundrie others of this nature , in those secular priest-books , and comparing them with campanella de monarchia hyspanica , c. 25.27 . & cardinal e richlieues instructions forecited ; having likewise read in the jesuites own printed books , f that they had no lesse than 931 colleges and seminaries of iesuites erected in several parts of the world , within the space of 120 years , and no fewer than 15 colleges and seminaries in provincia anglicana , in the english province in the year 1640. wherein they had 267. g socii societatis , fellows of their own societie , besides novices , and 4 colleges more of english iesuites beyond the seas , and no less than eight colleges of irish , and several residenciaries of scotish iesuites in ireland , scotland , and other places : and being assured by the publick speeches of oliver cromwell himself , first to an assemblie of divines and others at whitehall 1653. and after to his new modelled parliament at westminster , september 4. 1654. published in print , p. 16 , 17. that he knew verie well that emissaries of the iesuites never came over in such swarms as they have done since our late wars and changes were on foot , and that divers gentlemen can bear witness with him , that they have a consistory and counsel that rules all the affairs of the things of england ; and had fixed in england in the circuit of most cathedrals , ( of which he was able to produce the particular instrument ) an episcopal power , with archdeacons , and other persons to pervert and seduce the people . and being most certainlie informed , that the h arch-jesuite sir toby mathew , though banished by both houses , sir i kenelme digby , a jesuited papist , ( whose father had a chief hand in the old gunpowder treason , and was himself particularlie imployed to rome by the queen to procure men and monies from the pope against the parliament , where he expected to receive a cardinals cap , ) k sir iohn winter a person excepted from pardon , mr , walter mountague ( two notorious jesuited papists , who l conspired with the popes nuncio and college of jesuites in longacre to destroy the king , and alter the government of the kingdome if he refused to turn roman catholick , and repeal all laws against romish priests , jesuites , papists , and for that very end raised the first scotish wars , and ( which is most observable ) that orelly the popes own nuncio in ireland , who promoted the late horrid irish rebellion and massacre of the protestants , sate president in the general counsel of the popish rebels there for several years , m to carry on that rebellion ; came all over into england , walked openly in the streets and vvestminster hall , when the king was brought to his tryal , and executed by their and other iesuites instigation , and our old kingdom metamorphosed into a new common-wealth ; that n owen ro oneal , and all the irish rebels under him , by orellies perswasion , ent●ed into an offensive and defensive league with the new-republicans against marquesse ormond , the lord inchequin , and protestant party in ireland , who declared for monarchy , & the kings title , against their republick . and being withall assured by sundry persons of credit , that there were many iesuites under the habit of o souldiers , listed in the army , and others of them under the disguise of physicians , apothecaries , travellers , captains , merchants , factors , tradesmen , anabaptists , ranters , seekers , quakers , and other sectaries , dispersed throughout all places , to carry on and accomplish those dismal changes , so long since predicted , projected by father parsons and the iesuites . yea , being further assured , by an eminent divine and others more than once , from the mouth of a noble english lord , returning from rome about 4 years since , that the provincial of the english jesuites , when he went to see their college in rome , assured him , they had then above fifteen hundred of their society of iesuites in england , able to work in several professions and trades , which they had there taken upon them , the better to support , and secure themselves from being discovered , and infuse their principles into the vulgar people . that the p great anabaptist , styled , the administrator of hexam near newcastle , in the north , since removed to colchester , was lately a papist ( if not ) a priest or iesuite ; that ramsey the scotish jesuite was purposely sent ouer into england by the pope & iesuites an. 1653. under the notion of a iew , to infuse new notions into the anabaptists & side with them , who therupon addressed himself to paul hobson the anabaptist , a grand army-preacher , and this administrators congregation , where he made a publick profession , that he was a iew by birth , but was now thorowly converted to the christian religion by their instruction , with a publick confession of his faith , which they printed , whereupon he was publickly dipped by this administrator at hexam , and received as a member into their anabaptistical church , who much gloried in it , till within few weeks after , he was by the maior and ministers of newcastle clearly discovered , to be a grosse impostor , yea a scotish iesuite , and sent up by them to london ; where after some restraint he was enlarged without any punishment , and not long since , twice boldly entred into the university schools at cambridge , desiring conference with mr. smith the hebrew lecturer there , with whom he discoursed in hebrew ; professing himself , to be soul and body for the catholick church of rome : that q eleazer ben-isaiah , and his brother joseph , 2. grand jesuitical impostors , at the self-same time under the notion of converted iews , were dipped by the anabaptists ; maintaining dipping , not sprinkling to be the only baptisme of iesus christ , and the anabaptists to be the only strong and glorious christians , in their printed book , dedicated unto our new republican parliament & counsel of state , 1653 which mr. pr. ( soon after his inlargement frō pendennys catile ) meeting with , discovered them to be gross impostors , one of them a trooper in p. ruports army ; who after a collection made for him ( as a converted iew ) at dursty in glostershire , by mr. woodward on the lords day , drank five jugges of bear , with sundry pipes or tobacco , whereby to digest his lords day supper , and disgorge his sermons : then locking his chamber door in the inne , he ran to the maid he had sent to warm his bed , and attempted to ravish her ; whereupon she crying out , & the boy of the house ( being about 11 a clock at night ) endevouring to raise the neighbors , he therupon fled from thence , ( since which mr. prynne heard no more tydings of him . ) and having since that most clearly discovered to the whole nation ( in his books , intituled , the quakers vnmasked , and new discovery of romish emissaries , printed . 1655. and 1656. ) that the franciscan freers and iesuites were the first erectors of our new sect of quakers , ( ignatius loyola the jesuites founder , being first a souldier , then a quakers next a speaker , last of all a professed jesuit ; as his disciples now are , first iesuites , then quakers , speakers , souldiers before or after ; ) that maurice conry an irish franciscan , late provincial of the english franciscan fryers , ( having 15 extraordinary faculties granted him to exercise here in england ; as to absolve all hereticks in england , of what nation soever ; to admit men into his order ; to dispence with oaths , with saying canonical hours , the ceremonies of the mass , for keeping heritical books , and other particulars which might discover any of them to be freers , or papists : to authorize , print what books he allowed ; concealing both the name of the author , printer , place , non obstante consilio tridentino : ) came over into england , under the disguise of a spanish captain , having sundry pasports from the king of spains officers in the low countries , to raise men for his service in england and ireland , where he continued during the regency of our republicans ; after which in the year 1653. he procured a pass and protection to all officers by sea and land under ol. cromwels own hand and seal , to pass and repass about his occasions to and from ireland ; all which were taken about him in bristol , 20 november 1655. and the very originals under seal brought to mr. prynne ; who published some of them in print ; yet after near two years imprisonment at bristol , upon a habeas corpus brought by conry , he was turned over prisoner to newgate , to be tryed as a popish priest , and let go thence ( by direction as was conceived ) before the sessions , and never enquired after since . mr. prynne discovering all this and much more , and being most fully assured , that all the rebellions in the army since 1646. against the king , parliament , members , and all the late changes , revolutions of our government ever since , proceeded originally from the jesuites , and romish agents powerfull influences upon the seduced army-officers , souldiers , sectaries , and republican members . and long since taking special notice , that during the armies & republicans proceedings against the king , & in hammering out their new common-wealth ; all the most eminent , zealous , religious members of the commons house , most opposite to jesuites , papists , popery , were totally secluded , secured by the army , and their votes , protestations , advices , with the addresses , disswasions of all the godly ministers of london and other parts , yea ( * vvilliam sedgwicks , their own chaplains , ) totally rejected with highest contempt ; and the counsels of the most desperate jesuites , and popish agents ( flocking to london from all forein parts , and walking freely in the streets whiles the members were under strictest restraints ) vigorously pursued : so all their subsequent actions demonstrated to him and all considerate protestants , whose creature their new republick originally was , and for whose service it was created , as these memorable particulars evidence . 1. they did quite set aside all those 5. strict excellent bills against iesuites , seminary priests , popish recusants , and the exercise of any their romish superstitions in any place within our realms , which the secluded members , and army-officers too at first , eagerly pursued ; and the king in the treaty of the isle of vvight assented to at the first without any scruple : for which the iesuites in france , at a general meeting there , presently resolved to bring him to iustice , and take off his head by the power of their friends in the army ; as the king himself was certified by an express from thence , and wished to provide against it , but two dayes before his removal by the army from the isle of vvight , in order to his execution . 2ly . they b totally set aside and repealed by express votes and printed knacks , the very oaths of supremacy and allegiance , as unlawfull oaths , which themselves took and ought to take before they sate or could sit as members in the commons house ; by the statutes of 5 el. c. 2. & 7 iac. c. 6. which oaths were specially made ( by the great wisedom , care and piety of our protestant parliaments , purposely to detect the persons , and prevent the plots , conspiracies , assasinations , treasons , vsurpations , and new gun-powder plots of the romish jesuites , popish priests , papists , and their instruments , against the lives , crowns , prerogatives of our protestant kings , princes , their royal posterity , realms , parliaments , our protestant church and religion , as the statutes of 1 eliz. c. 1. 5 eliz. c. 1. 3 jac. c. 4. 7 iac. c. 6. and other acts , with king iames his apology for the oath of allegiance , and sundry learned treatises in defence of these oaths , declare at large : which oaths were c refused , opposed only by the most iesuited and desperate papists , at home and abroad : but approved by the moderatest and loyallest priests and d lay-papists who writ in justification of them ; and repealed to their greatest joy and advantage , by our jesuitized zealous republicans . 3ly . they discharged , absolved themselves , and all other members , subjects , officers , who had taken these oaths ( as most had frequently done ) from the future observation of them , and of their solemn protestation , vow , league , national covenant , made in pursuance of them ; contrary to this expresse clause in the oath of allegiance , f i do believe , and in conscience am resolved , e that neither the pope , nor any person whatsoever , hath power to absolve me of this oath , or any part thereof , which i acknowledge by good and full authority to be lawfully administred to me , and do renounce all pardons and dispensations to the contrary . and all these things i do plainly and sincerely acknowledge and swear , according to the expresse words by me spoken , and plain and common sense of the said words , without any equivocation or mental reservation , and i do make this recognition and acknowledgement , heartily , willingly , and truly , upon the faith of a christian . yet these faithlesse republicans , who took this oath as members , ( and several times else upon other occasions ) thus atheistically , like so many absolute popes , against all g laws of nations , nature , absolved themselves and all others from it , and set it , with the oath of supremacy , covenant , protestation , quite aside like old almanacks out of date . 4ly . not content herewith , they h imposed a new engagement , diametrically contrary to these oaths , the protestation , vow , solemn league and covenant , which every one must subscribe with his hand , to be true and faithfull to their new common-wealth as established by them , without a king or house of lords , putting all english freemen whatsoever into a new-praemunire , upon a bare suggestion only before proof or conviction , and disabling them to sue in any court of their republick , or to receive or enjoy any degree , office , augmentation , or preferment whatsoever spiritual , ecclesiastical , civil , or military , or sit as members then ( and now again ) unless they would publickly subscribe it : which engagement thousands of our godly protestant ministers , gentry , freemen refusing to subscribe , were thereupon barred of their actions , executions , iudgements to recover their just debts , rights , inheritances , goods , offices ; denyed their degrees of learning , ejected out of their benefices , headships , fellowships , vice-chancelorships , augmentations , offices , freeholds , callings , against all rules of law , conscience , iustice , equity , religion , the fundamental laws and liberties of the land , their native birth-rights , after all their contests , wats , contributions , prayers , fasts , endeavours for their defence : and all by these free-state-men . a tyranny , treachery , perjury , apostacy , transcending any since the creation , yet most eagerly pursued by them all their reign , to the utter ruine of many consciencious , honest protestants , and great rejoycing of all iesuites and popish enemies both at home and abroad . 5ly . the very first act of iustice they did , by the first commission of the peace they passed under their new republican great seal for middlesex , at the first sessions held under them at hix-hall , febr. 1628. was the enlarging of a dangerous jesuits , and another old seducing papist , formerly imprisoned in the new prison : the only acts done in this first session , as th●se present then informed mr. prynne with much regret : which was seconded with the subsequent enlargement of other jesuites , priests , papists , elsewhere imprisoned : whereas on the contrary they shut up sir william waller , sir will. lewes , sir john clotworthy , major general brown , comissary coply , mr. prynne , mr. clement walker close prisoners in sundry remote castles divers years together , without any cause expressed , and mr. gewen with other members , several monthes , and sundry godly ministers , protestants of all sorts throughout the land , as well paliamenteers , as former cavaliers ; yea beheaded mr. love , an eminent protestant minister , and other protestants , but not one papist in their illegal high-courts of justice , erected by them , against all our laws , whiles these romish locusts were thus enlarged , unprosecuted , and had free liberty to wander up and down our three nations , and act what they pleased to work our kingdoms , churches , and religions ruine . 6ly . the first who publikely owned them for a common-wealth , congratulated this their glorious change , atchievement , and entred into a league with them , was the most catholick k. of spain , the l popes , jesuites , chief patron and propagator of their catholick faith and designs : whose interests they prosecuted during all their republican domination . 7ly . they entted into a bloodie invasive war against their brethren of scotland onlie for owning their rightfull soveraign king charles , after his fathers beheading , according to their laws , oathes , duties , and solemn league and covenant ; invaded their country without any provocaion , slew many thousands of them with furie and cruelty in the field ; starved , destroyed hundreds of them taken prisoners by them , and sold others of them into forein plantations for slaves ; imprisoned , sequestred , banished most of their zealous godly protestant ministers , nobles , gentry ; took all their cities , castles , forts , amunition , arms , conquered , inthralled their whole kingdom , put them under intollerable taxes , tributes , and iron-yokes of armed governors , garrisons still continued amongst them to * our cost . destroyed their presbyterial and civil government ; and for an everlasting monument of this their barbarous unbrotherly kindnesse , and gratitude towards them for their former assistances , not only kept solemn publick thanksgiving-dayes throughout their republicke for their slaughters of and victories over them , but hanged up all their ensigns in westminster hall , and transported all their records close prisoners to the tower of london , where they yet continue . 8ly . they instigated the dutch to set aside the prince of orange his family , and put them out of the superiour commands , places of trust , they formerly merited and enjoyed , out of malice to the beheaded kings progeny ; mutined the states against each other , and then entted into a most costly , bloody , dangerous , unchristian war with those our old protestant friends and allyes , continuing all their regency , to the losse of many thousands of gallant protestants lives , the ruine of sundry familyes , the great weakning , impoverishing of both nations , the scandal , detriment of the protestant religion , the griefs of all forein protestant churches . the great joy and advantage of both our professed popish adversaries , and king of spain especially ; who long since designed both our ruines , by these very practises , prescribed to him by campanella in direct words , as those who please may read at large , in his book de monarchia hispanica , c. 25. & 27. 9ly . they freely permitted ( if not encouraged ) all their republican government , diurnallists in their news-books , k and those scurrilous , grosse impostors , lilly , culpepper , and other prognosticators in their almanacks , besides sundry other scriblers insufferably to revile and rayle against our oxthodox , godly , protestant ministers , especially presbyterians , to prophecy their downfull extirpation , execution , banishment , the utter ruine of them , their tithes , glebes , presbytery , to incense both souldiers and people to disown their ministry , detain their tithes , revile , abuse their persons , as being worse than any priests , jesuites , and greater enemies , traytors to their republick than they , ( who readily complyed with it as a child of their own begetting . ) xly. they permitted many thousands of popish primers and other books to be freely imported , and above thirty thousand popish and atheistical pamphlets of all sor●s , against our church , religion , ministers , to be printed and vended in england without controll , as the london-stationers ( moved out of conscience ) declared and published to them in their beacon fired 1652. and sciatilla , which book was presently answered by the beacon quenched , subscribed by colonel pride ( the new faux ) and other army-officers , ( though writ by a jesuite as mr. prynne was credibly informed ) and presented to those then sitting at westminster , erecting them against the stationers and their beacon fired , as a new gunpowder-plot , to blow up the army , parliament , and new common wealth , though a true , honest , harmlesse , pious , timely discovery of the papists and jesuites designs to blow up our religion , church , ministry , amongst other popish books then printed , v mr. prynne met with one as far as pendennis castle in folio , inittuled , the holy court , written by edmund causin a iesuite , translated into english by jesuites , dedicated to our queen mary , and the dutchesse of buckingham , printed in london by william bentley , 1650. and sold by john williams in pauls church-yard , as the title page attests , having the iesuits badge , and s. j. ( societatis jesu ) in capitals printed in its front . in which folio book ( consisting of divers tomes ) tom. 1. p. 30 to 38.63 , 64 , 68 , 74 , 75. tom. 2. p. 168. tom. 3.425 to 430.461 , 462. tom. 5.173 , 174.304 to 319. and other pages , the popes supremacy , prayer to saints and angels , purgatory , masse , transubstantiation , and all other points of grossest popery were not only maintaine● , assered ▪ but our very protestant religion branded for heresy , our late queen elizabeth , our ministers and all other professors of it reviled , censured for damnable heretiques , as mr. prynne then observed . 11ly . themselves in divers of their printed declarations , knacks , and their instruments in sundry books , ( as john goodwin , markham , needham , melton , and others , ) justified , maintained , the very highest , worst , treasonablest , execrablest , of all popish and * jesuitical , unchristian tenents , practises , treasons , as the murdering of christian protestant kings , ( under the notion of tyrants ) the blowing up of parliaments , the subverting of kingdoms , the altering of all setled laws , governments , the forcible usurpation of others crowns , honors , officers , estates , without right or title , by force , murder , treachery , the breach of , dispensation with , absolution from all sacred oaths , leagues , covenants , promises , contracts , rebellion , against all lawfull superiours , and the open violation of the 5 , 6 , 8 , 9 & 10. moral commands of god himself , under the pretences of publick justice , necessity , self-preservation , reformation , religion , publick good , safety , advancement of the gospel and kingdom of iesus christ , repayed with their own ejection . l 12ly they closed in an offensive and defensive league with owen ro oneal , and the popish irish bloody rebels , against marquesse ormond , inchequin , and the protestant party there who had been the parliaments chief generals and officers , against the rebels ; in opposition to monarchy ; and when ( to couler the odium of it ) col monke was questioned in the house for making this league with them , as done without their privity ; and one of them moved , that he might be committed for it to the tower ; that famous saint henry martin , stood up and reto●ted , t●at he desired the tower might be rather committed unto him for t●is good service : what high places of trust by sea and land he hath been advanced to since for this service , is very well known ; whereas marquesse o●mond , the lord inchequin , and other protestants in ireland , who faithfully served the parliament against the irish rebels , and bare the brunt of the first wars against them , were yet the very first persons excepted in their printed catalogues , and news-books , from all manner of pardon or composition either for their lives or estates , and are quite stript of all their lands in ireland , out of odium unto monarchy , the kings posterity . and all this to advance the protestant religion and christs kingdom by and under their new jesuitical republick , the quite contrary way . these 12. particulars , like so many true , good , honest sworn grandlury-men , impanelled by mr. prynne , out of mere zeal to his native countryes , church , religions preservation , will give in a true impartial verdict , whose proper child , our new commonwealth , whose instruments the guardians of it , but goalers of all our liberties under it , have been and now are again , and whose works they do . he shall subjoyn a few sad observations of like nature , during their infant republicks second wardship under their late protector , to promote the protestant cause and religion . 1. his making peace with the hollander after he had dismounted the republican grandees to set up himself in their places ; was in it self a christian , pious , prudent , and commendable act , beneficial to both nations . but if the principle motives of it were , a vast sum of mony from the dutch , put into his private purse ( as some report ; ) or a desire to ecclipse the honour , power of the prince of orange , their chief protector and his family ; to banish the late kings royal posterity , and adherents out of the netherlands , and leave them no subsistance , nor being there amongst protestants of our and their religion , to force them to seek new quarters amongst iesuites , papists , and cast themselves wholy on their charity , on purpose to pervert them in their religion , and destroy both their souls & bodies at once , which is visible and irre●ragable , they being all actually exiled thence by special articles upon the peace with the dutch. what protestant can think upon it but with horror , as the highest act of impiety , cruelty , barbarisme , injustice , uncharitablenesse , and malice ever yet recorded of any professors of christianity in the protestant religion . 2ly . his quarrelling with the king of spain , in hopes to gain his indian mines , and sending such a fleet , with so many thousand english protestants and souldiers thither , upon the bare project of n gage , a iesuited professed papist and spainiolized priest , who had lived there sundry years under the spanish king as a priest , ( all whose family and relations have been o desperate popish enemies to our religion . king , kingdoms ) with the disasterous successe and fruits thereof , to the expence of such vast sums of our own treasure , the loss of so manie thousand protestant souldiers , mariners , and undoing , endangering of our other american plantations ; if rightly weighed , was in truth rather a spanish and iesuitish plot to ruine us and our religion , than to advance them ; as mr. prynne at first reputed them , predicting the ill event before it happened . 3ly . his closing with france and the french cardinal mazarine , upon the breach with spain , of purpose to banish poor distressed k. charles ( whom he drove out his 3 protestant kingdoms , banished out of holland : ( deprived of all charitable supplies or hopes of relief from either for his necessarie subsistance ; ) and banish his brother the duke of york who had a command & great repute in the french army , with all their dependents out of france too , that he might the more securely establish himself and his posterity in their hereditarie kingly power , dominions , and leave them no place to hide their heads in , ( the effect , and chief end of that peace ; ) and that in pursuit of cardinal richelieus * forementioned instructions to ruine our monarchy , kingdoms , and work his infernal designs against us , ) was such an inhumane , unchristian policy , as verie ill accords with our saviours expresse precepts , mat. 5.44 . &c. lu. 6.27 , &c. rom. 12.20 , 21. but i say unto you , love your enemies : therefore if thy enemie hunger feed him , if he thirst give him drink : be not overcome of evil , but overcome evil with goodnesse . and a president hardlie paralleld . alas how shall the memorable heroick charity , generosity , pietie , justice , of our norman conqueror king william , ( censured by this new conqueror and his army saints , as the worst of tyrants in sundry pamphlets ; ) and of his sons , william rufus , and henry 1. towards edgar atheling heir to the english crown after the death of edward the confessor ( when hee took it from him by the sword , under pretext of p king edwards last will , and being next heir to him in blood , not as a conquerour by war : ) who though after his q oath of homage , fealty , and subjection to william , twice set up , as heir to the crown , by the english nobility in opposition to him , twice routed by him in the field , driven into scotland , and quite left destitute of forces , friends and supplyes to gain the crown ; yet upon his repair to him in normandy , without any precedent articles for his securitie , anno 1069. he not only pardoned his former insurrections , but r gave him a large gratuity , entertained and lodged him in his own court divers years , allowing him a pound of silver for his honourable maintenance everie day ( a great sum in that age : ) after which when he desired to go into apulia to the holie wars , ſ anno 1089. he furnished him with many ships and 200 souldiers : whence he returning after the losse of robert his chief commander and best men , though the emperours of greece and germany whom he visited in his recesse thence , honourably received , t and profered to entertain and maintain him in their courts according to the greatnesse of his birth all his life time ; yet he contemning all their proffers , out of a desire to enjoy his native country , returned into england , where he was courteously entertained by william the conqueror as before , till his death . after which edgar siding with , robert duke of normandy his eldest son , against william rufus the younger : he thereupon anno 1091. deprived him of all the honours conferred on him by robert , and banished him out of normandy into scotland : but afterwards upon the accord between the 2 brothers touching the crown , and peace with scotland , he was reconciled to king rufus , and returned into england , where he lived securely without the least restraint ; and was in so great favour with rufus , u that in the year 1097. he sent him as general into scotland with an army to restore his nephew edgar son of malcomb ( who maried edgars sister ) to the crown , which his uncle dufnald had invaded after malcombs death , to expell dufnald , and make edgar king. which having effected , he returning again into england , lived there quietly without the least danger or restraint all rufus his reign , and some years under * king henry the first , betaking himself in his old age to a retired private country life , and dyed in peace , as our historians then living record . oh that there were the like charitie , ingenuity , christianitie , piety in the saints of this iron age , against whom these 3. first norman kings shall rise up and condemn in the day of judgment , when christ himself will pronounce this heavy sentence against them for all their pretended saint-ship : * depart ye cursed into everlasting fire prepared for the divel and his angels , for i was an hungred and you gave me no meat , i was thirsty and you gave me no drink , ( no * not out of my large hereditarie revenues of three kingdoms you have forcibly invaded against your oatht ; ) i was a stranger and you took me not in , ( no not into my own protestant realm , court , out of which you thrust me by violence , neither would you permit those of holland and france , where i was a stranger to take me in , but inforced them to banish and cast me out after their former entertainment of me as a stranger , ) i was naked , but ye cloathed me not , ( but stripped me and mine stark naked out of our inheritances , wardrobes , and all we had , ) sick and in prison , ( into which you cast both me and mine ) and you visited me not , yea made it high treason for any to do it , or so much as to pray for me in this my distressed condition , notwithstanding gods own evangelical precepts to the contrary , 1 tim. 2.1 , 3. 1 pet. 2.17 . acts 10.5 , 12. 2 cor. 1.9 , 10 , 11. 2 thes . 3.1 , 2. rom. 15.30 , 31 , 32. if the most righteous and charitable saints shall * scarcely be saved in this great day , o where shall these ungodly , unrighteous , uncharitable , and transcendently malicious sinners ( not saints ) appear ? o that they would sadlie consider it and repent thereof , as the onlie means to avoid this fatal doom of christ at the last day . this truth they cannot , dare not deny with their tongues , but they contradict it by their lives , non contradicunt lingua sed vita . moneo , rapit ; doceo , rapit ; praecipio rapit , arguo , rapit . quomodo non contradixit ? si ergo in ignem aeternum ibit , cui dicturus est christus nudus sui , & non vestisti me : quem locum in igne aeterno habebit , cui dicturus est , vestitus fui & spoliasti me ? hic fortasse ut evadas hanc vocem , mutata consuetudine , cogitas spoliare paganum & vestire christianum . ad hoc respondebit tibi christus , immo respondet tibi nunc per servum qualemcunque ministrum suum : etiam hic parce damnis meis ; cum enim qui christianus es spolias paganum , impedis fieri christianum . etiam & hic fortasse respondebis : ideo spolio paganum , ut per hanc asperam & salubrem disciplinam faciam christianum . audirem & crederem , si quod abstulisti pagano , redderes christiano , &c. o that our harpyes and beasts of prey , ( who have obliterated the tenth commandement out of all their decalogues as the papists have done the second ) would lay it close to heart , being saint augustines 21. sermon to them , as well as mr. prynnes : the rather , because the night before o. cromwell pro. died , mr. prynne then being at swainswick near bath ( having never dreamed of him before ) dreamt he was dangerously sick at bath , and that he then sent a special messenger to him importunatly desiring , he would presently repair to bath , for he was very sick , and desired much to speak with him : whereupon ( though he never saw him since 1647. ) he presently went to bath : where finding him lying on his bed , he told mr. p. he was very sick , and had sent for him to tell him what he should do in this condition . mr. prynne thereupon forthwith answered , that he could give him us better nor other counsel than that of saint z augustine ( asserted by all divines as an undoubted truth ) non remittetur peccatum nist restitnatur ablatum : that there was no remission of sin without full restitution of rapine : therefore he must forthwith restore the banished king to his * crown and kingdoms , of which he had most unjustly deprived him ; the parliaments to its just rights , freedomes , and privileges , which he had utterly subverted ; and the people to their fundamental laws , liberties , properties , of which he had most unjustly and perfideously defrauded them more than any man , against his oaths , trust , duty , under pretext of defending them ; repent of all the blood he had shed ▪ and mischief he had done ; then there was hope of mercy and pardon for him both from god and men , otherwise there was none at all for ought he knew . at he standing mute , as much amazed , without any reply , mr. pr· thereupon departed , without more words ; and the next morning told this dream to his sister , and sundry others , telling them he was confident he should hear some strange news of cromwell very speedily , since he never dreamed of him before ; and within three daies after he heard of his death about 12. hours after his dream . o that all other usurpers of others estates , offices , lands , places , by bloud and rapine , would sadly consider of it , and make real restitution of them before they die ! then would our peace be soon restored without war or bloudshed : and their souls saved ; which else in all probability * will be damned , without real restitution when possible to be made . 4. his relieving , interceding for the massacred persecuted protestant albigenses in piedmont , charitable collections for them and others , was a christian work , worthy applause : but his giving just provocation to popish princes abroad , by the * jesuites instigation , to extirpate their religion , as a very seminary of treason , sedition , rebellion ; and to massacre , eradicate them as a company of traytors , antimonarchists , regicides , hypocrites , rebels , and seditious persons ; from his own and his confederates antimonarchical principles , practises , treasons , rebellions of this kinde , both against their king , parliament , monarchy , their confederated brethren of scotland and their k●ng , as being all of one religion , perswasion ; his accommodating the king of spain with whole regiments of bloudie irish papists , who had embrewed their hands in so much protestant bloud in ireland , and were the chief instruments in murdering these poor protestants ; his negligence in examining the misimployment of this and other collections under him for distressed foreign protestants ; the greatest part of which are yet in the collectors hands , or diverted otherwise . was in truth but first to kill , wound , plunder ; and then relieve them when too late . 5. his confederacy with the king of sweden to invade the kingdom of poland , and usurp that crown by force , ( without right or colourable title , ) upon pretext to advance the protestant cause , relieve the protestant churches & propagat the gospel there ; had some specious shew of zeal to religion : but to doe apparent * evil , that good might come of it ; to ingage in such a war to propagat the gospel of peace , which ended in the total extirpation of all the protestants and their churches in poland , whence they are now totally extirpated , as himself related in his briefs , papers for their over-late relief : and produced a new bloudie warr ( wherein he also sided with him ) against the king of denmark , a protestant king , the marquess of brandenburgh , the dutch , and other our protestant allies , sadly divided against each other , in late bloudy battles by land & sea , to the endangering of all the protestant churches throughout the world , and engaging them all in a new warre , and our three n●tions ( in all probability ) against our protestant brethren , ( now the popish kings are reconciled , and ready to destroy us all ) being broken in pieces amongst our selves , impoverished , butchered by one another , rather like savage beasts , than men or christians ; and that in direct pursuance of a campanellius , b richelieus , and c other jesuited plots , who expresly write : that the catholicks are to use all arts and means to divide the protestants , lutherans , calvinists , and sectaries one from and against each other , by various arts and means , and all occasions laid hold of for that purpose , that they may with more ease oppress , destroy them all ; and that they ought not to neglect the opportunity to accomplish their utter extirpation when their monies are exhausted , their forces weakned , and they divided by their intestine wars . the best means being thus to destroy them by themselves , till they ( like the kite in the fable ) shall devour the frog and mouse together , during their combats with each other ; was such a machiavilian policy to advance the protestant cause , as mazarine and the jesuites suggested to him on purpose to effect their ruine ; as all wise men , and his own creatures now over-late discern : and bedlam hugh peters in his letter to a great army-officer , the 10th of this instant may. 6. his endeavour to bring in the d jews with their synagogues and jewish ceremonies , under a pretended hopes of their long-desired conversion , but ●eal intended expectation to finger two hundred thousand pounds of their gold at present , and all the rest in future when transplanted ; to set up their antichristian judaism , in direct contradiction to our saviour jesus christ ; and at the very self-same time , by his printed declaration 24 novemb. 1655. and private instructions to his new basha's ( or major generals ) to eject , silence at one blow ( without conviction , hearing , or the least legal proceeding ) many hundreds of ministers , schoolmasters , scholars of the late kings party ( though learned , orthodox , godly , pious , peaceable , formerly indemnified and admitted to exercise their functions ) and prohibit them any more to preach , marry , administer the sacrament , pray , teach school in any publike place , or private meeting of any other persons , than those of their own family , or in any gentlemens houses as chaplains or tutors to their children , under pain of 3 moneths imprisonment for the first , 6 moneths for the 2d . and perpetual banishment for the 3d offence : and to punish them as rogues and vagrants , if they wandred abroad to begg their bread , on purpose to starve both them , their wives , families , or enforce them to flie into forein popish realms , ( being excluded out of the netherlands ) and there turn papists to preserve their lives ; when all priests , jesuites , sectaries whatsoever , and jewes themselves had so much liberty under him ; was such a transcendent barbarism , impiety , and high way to extirpate our religion , ( as pious learned archbishop vsher told him when he mediated for their libertie , and could not prevail , as he told mr. prynne and others with tears , which brake his heart soon after ) as the pope , and jesuites themselves could not have invented the like ; and exceeded all forein persecutions against protestant ministers in piemont , bohemia , and silesia , by popish princes , being of a different religion , but be a pretended protestant zealot . 7. his extending not only his toleration but real protection to all sects whatsoever , except popery and prelacy , and passing the late bill 1657. ( put on by the presbyterians ) against papists , might savour of some disgust against those of the romish religion : but his extraordinary intimacy with cardinal mazarine , sir kenelm digby a most dangerous jesuited papist lodged by him in whitehall , ( a chief instrument of the union between him and mazarine , ) and sundry other papists , jesuites , popish priests : his suspending all penal lawes , executions against popish priests , jesuits , though sometimes taken in their pontificalibus at masse , and soon after released : his protections under hand and seal to sundry of them , particularly to maurice coury , provincial of the franciscans in england : their coming over in greater swarms of later times , than ever heretofore , without restraint , as himself * printed as well as declared in his publike speeches : his endevours to stop the late bill against papists the very morning he was to pass it , by his whitehall instruments , who moved its suspension for a time , as not suiting with present forein correspondencies ; ( against whom it was carried by 88. votes , that it should be carried up with the rest then passed : ) with the copy of his letter to card : mazarine , ( in many good hands , affirmed to bee real not counterfeit ) excusing his passing this bill , as carried on by a violent presbyterian party much against his with yet it should not hurt them though passed , &c. which accordingly fell out : the large expressions made to those of dunkirkin his name by their gov : lockert , to protect them in the full and free exercise of their romish religion as amply as ever the king of spain did : with other particulars of that nature : and his great incouraging of all sorts of sects e headed , acted by disguised jesuits , priests , friers , as m. p. hath elswhere fully evidenced : are demonstrations beyond all exceptions ; what an advancer he was of the true protestant cause and religion . 8. his undermining , subverting all our fundamental lawes , liberties , properties , ( and parliaments too ) in the highest degree , by his own and his army-officers , councils , new printed folio ordinances , instruments , taxes , excises , high courts of injustice , major generals commissions , instructions , proceedings , by committing sundry persons close prisoners ( some of them to forein islands ) without any cause expressed , legal trial or conviction dive●s moneths , years , by warrants under his own or his councils hands : his stopping returns of habeas corpora , when granted , or removing the prisoners to new remote prisons : his seising , securing the persons , horses , arms of thousands , and banishing them from london time after time , upon meer forged plots , fears : his disbenching his own judges for not complying with his illegal will : his oft stiling magna charta , magna farta with highest indignation : committing 3. lawyers to the tower at once as traytors , for daring to argue an habeas corpus against his illegal commitment , and whitehall ordinance for excise in conyes case ( a president not to be paralleld : ) his prohibiting f all lawyers , sollicitors , judges , and courts of justice whatsoever under him , to plead , act , or admit any proceedings , or legal trial at law against his illegal ordinances and absolute commands , under pain of his highest indignation : his defrauding most patrons of their livings and lapsing them , ( by his own ordinances , instruments ) into his own hands , refusing their honestest , ablest clerks , without any cause assigned , and denying them the benefit of quare impedits after judgement given upon them by his own judges . all these are clear demonstrations to mr. p. beyond contradiction ; that our infant commonwealth both in its birth , growth , progress under its old guardians , and new protector , was but the jesuits , popes , spaniards , mazarines , and our popish enemies new creature , and instrument to ruine our protestant church , religion , king , kingdoms , laws , liberties : the very name of magna charta it self ( for which our ancestors heretofore spent so much bloud and treasure in reality , and we of late only in pretence ) being so exec●able to our new free-states men , that in september 1650. it was expunged out of a petition m. p. drew for mr. luttrel , ( to ●ave dunster castle the habitation of him and his ancestors , from being pulled down over his head before hearing or notice , by an order issued for that purpose and put in execution ) to john bradshaw and their free-state council at whitehall , by their attorney prideaux order , because it would distast them : and a great fart was more savory to olivers red nose than it : all in pursuance of the jesuits old plot : as you have heard out of watsons quodlibets : this m.p. shall a little infist on , because of a present design against our laws now eagerly pursued . the late parliament in a above one hundred declarations , ordinances , orders , votes , made this their principal charge against the kings jesuitical counsellors , and the popish forces raised by him , against the parliament , that they endeauoured the subversion and extirpation of our antient fundamental laws & government : and that one of the b chiefest causes of their taking up arms and raising armies against them , was for the necessary defence and preservation of these antient good old laws and liberties , ( the inheritance and birthright of every english freeman ) whereby not only his majesties regal authority , but the peoples security of lives , lands , livings , privileges , liberty , ( both in general and particular ) are preserved and maintained , and by the abolishing , innovating or alteration of which , it is impossible but that present confusion will fall upon the whole state and frame of this kingdom : as the whole parliament of 1 jacobi ch . 2. expresly declared long since in the prologue of that act , the late long parliament in sundry declarations ; yea king charls himself in his declaration by advice of his council , to all his subjects , dec. 15. 1641. exact collect : p. 28 , 29. his answer to the lords and commons petition , april 9. 1642. ibid. p. 140. to their declaration may 4. 1642. p. 163 , 164. and elswhere , the defence whereof against invasion , subversion , he made the ground of raising forces against an anabaptistical party & faction in the parliament , intending to subvert and extirpate them root and branch , as you may read at large : ib. p. 326 , 443 , 451 , 514 , 515 , 555 , 556 , 561 , 562 , 579 , 619. a collection of ordinances , p. 28 , 38 , 39 , 116 , 117. yet notwithstanding all these parliament declarations and commissions in pursuance of them ; the army-officers , souldiers , by the jesuits suggestions , have been so farr intoxicated , as to attempt the utter subversion and extirpation both of our laws ( and lawyers too ) for whose defence they were principally raised , in pursute of * father parsons forementioned design , under pretext of reforming them : though the bare indirect attempt to subvert them in a farr inferiour degree , was adjudged high treason in c straffords and canterburies cases , for which they both lost their heads as traytors , and in the case of the ship-mony judges in the long parliament . that they have prosecuted this design in england to subvert our fundamental common lawes , and great charter of our liberties , is most apparent by their proceedings in their mock parliament , and printed vote 20 august 1653. ordered , there should be a committee selected to consider of a new body of the law , and the government of this commonwealth : compared with a true state of the commonwealth of england , scotland and ireland , &c. printed 1654. p. 15 , 16 , 17 , 18. which assures us , that there was a strong prevailing party in that assembly , whom nothing would satisfie , but a total eradication of the whole body of the good old laws of england , ( the gardians of our lives and fortunes ) to the utter subversion of civil right and propriety , &c. and our two jesuitical * prognosticators were so confident of it ( as if the stars in heaven had concurred herein with the jesuites and anabaptistical conventicle then on earth ) that in their scurrillous prognostications they predicted the downfall not only of all our ministers , and their tithes , but of our laws and lawyers , prognosticating , in the moneths of january , february , september , october , and december 1654. that the lawes & lawyers of the nation should be pulled down to the ground ; that the great charter it self should be called into question with other liberties , as not suting with english mens brains at this time ; that the crabtree of the law should be plucked up by the roots to hinder the future growth thereof ; there being no reason are should now be governed by the norman law , since the norman race is taken away by the same instrument ( the sword of conquest ) which brought it in . they are the very words of these false prognosticators , who have many such like passages in them both before and since . which , compared with the late speeches of many common souldiers : that there should be no more terms in westminster hall : that they hoped very speedily to see not only the lawyers gowns , but the lawyers themselves hanged vp over the courts in westminster hall , where the decayed scots coulours hung , to supply their vacant places : that it would be a goodly sight , to see all the trees in st. james's park hung with lawyers and their gownes ; with sundry such like speeches , since may 6. 1659. all these compared together , ( with what mr. prynne hath frequently heard the soldiers say during his neer 3. years close imprisonment under them , and their new republike in dunster , taunton , and pendennys castles ) that they hoped ere long to see and leave neither one lawyer , nor parish priest throughout england , nor yet steeple , steeple-house or bells , which they would sell , or cast into ordinance to fight against the dutch , &c. with some petitions and pamphlets now on foot to the like tune ; and the army-officers fresh proposal , to those now sitting and their votes thereon ; for the reformation of our laws , &c. are an infallible evidence to him , that all our former , late , and present changes of this nature , for which this formerly eiected repvblican conventicle is now reassembled , are the meer proiections of the all-swaying jesuits , to work our laws speedy ruine . it being their professed practice even in other forein popish kingdoms , to subvert their fundamental lawes , especially those which concern the inheritance , succession of the crown , and liberties of the subjects ; for which take these two testimonies even from forein papists themselves . the 1. in that memorable peece , t consilium de recuperanda et in posterum stu●ilienda pace regni p●loniae per iesuitarum ejectionem , presented to the parl. of poland , an. 1607. out of which they were soon after banished . hic autem vos notare velim ejusdem pestis iesuitici non minorem efficatiam esse in oppugnanda et expugnanda republica , e●terendis legibus , quoties nempe sentiunt , se ab his , in instituta sua venatione , impediri . et quod ad leges attinet , hae politicae tineae , illas praecipue arrodere consue verunt et exedere ; quibus jus successionis in regno continetur , libertasque et pax publica firmatur . which he proves by several prefidents of their shaking abolishing the very fundamental laws of this nature , in france , hungary , styria , austria , carinthia , and elsewhere : and that with such success , ut obtritis legibus quibus praedictarum nationum libertas nitebatur , partem earum penitus appresserint , partem ad extremam desperationem adigererint : in praedictis provinciis alicubi illustribus et antiquissimas nobilitatis familiis publice diem dictum esse intra quem se , aut coram iesuitarum tribunali sistant , aut relictis patriis sedibus alio migrent . and is not this the sad , desperate condition of many antient noble protestant families , knights , gentlemen and others , both in england , ireland , scotland , and of the royal protestant family , since our late warrs , changes of government , parliaments , and extirpation of all our fundamental laws , liberties , properties , by the jesuits and their instruments ? o let our whole nation and republican members too ( once shamefully ejected by those now calling them in ) consider , consider , consider this over and over , and lay it close to heart : least closing with the jesuites now again in this new convention , as they assuredly did in the old since december 1648. till april 1653. they incurr that sad fate of k king henry the 4th of france ; who after the execution of some and banishment of all jesuites out of france , upon john castles one of their disciples stabbing him in the cheek , with an intent to murder him ; and afterwards recalling , favouring , flattering them by building a stately college for them , entertaining one of them for his confessor , and bequeathing his very heart unto them , to be interred with them after his death , together with a very large legacy of plate and lands ; yet they soon after procured their desperat assassinate and disciple ravilliac to stabb him to the heart , in the open street in paris , an. 1610. a just reward for his neglect , contempt of his parliaments timely admonitions in sundry remonstrances presented to him , never to trust or recall them more ; and the notable epigram against the jesuits , tendred to him by a true philopater , anno 1603. wherein there is this memorable passage in relation to their subversion of all antient fundamental laws . cuinam hominum ignotum est iesuitas nocte dieque , nil meditari aliud quam qua ratione modove , prisca statuta queant , patriasque evertere leges ; inque locum antiquis totum in contraria nobis , iura dare ; & sanctos privata ad commoda ritus . pl●ctere ; nulli unquam quod post mutare licebit ? &c. m. prynne considering all these particulars , and knowing that this sodain re-assembly of the old eiected republican m●mbers , now fitting , originally proceeded from the jesuits projection , sollicitation , and anabaptistical sectarian party formerly combining with them , in all their proceedings against the late king , ( at whose execution the * queens own conf●ssor was present in a soldiers habit , flourishing his sword when his head was off as well as other jesuits , popish priests , overjoyed with that spectacle ) the secluded members , the house of lords , and transformation of our kingdom into a commonwealth , to accomplish their remaining designs , left unfinished ; pro●ected in terminis by * father parsons and the jesuites , and violently pursued in the short mock-parliament nominated at whitehall by the army-officers themselves , 1653. viz : to eradicate the national church , ministers , ministry of england , advowsons , tithes , glebes , with parochial churches , chapels , as antichristian , and leave not one stone of them upon another : which john canne ( the new-voted diurnall-man ) in his voice from the temple , then dedicated to them , particularly excited them to , with all speed and earnestness , as their generation-work , expected , required of them by god and all the saints of the land ) to sell all the crown , colleges , vniversities , and corporations lands yet remaining , to support and pay the jesuited army ( kept up so long on purpose to ruine , eat us out . ) m. prynne thereupon , held it his bounden duty , both as a member , lawyer , englishman , and former patriot of his countries liberties , against all jesuitical vnderminers of them and our protestant religion , truly & fully to discover the same to the whole english nation , army , and those now sitting ; and to press it home upon their consciences by this his narrative , whether they will hearken to , believe , obey it , or not , since he was forcibly secluded from doing it by speech : having sufficient warrant , encouragement , and protection for it , ( as he apprehends ) from god himself , ezech. 2.4 , 5 , 6. and jer. 1.18 , 19. for they are hard of face , and stiff hearted ; therefore ( son of man ) i do send thee unto them , and thou shalt say unto them , thus saith the lord. and they , whether they will hear , or whether they will forbear , ( for they are a rebellious house ) yet shall know , that there hath been a prophet among them . and thou son of man , be not afraid of them ; neither be afraid of their words , though briers and thorns be with thee , and thou doest dwell among scorpions ; be not afraid of their faces , nor be dismayed at their looks , though they be a rebellious house . and thou shalt speak my words unto them , whether they will hear , or whether th●y will forbear . but thou son of man , hear what i say unto thee ( and o that all the seduced army , republican members and their confederates would now hear and obey it too ) be not thou rebellious like that rebellious house . for behold i have made thee this day , a defenced city , and an iron pillar , and brazen walls against the whole land , against the princes thereof , and the priests thereof , and against all the people of the land ( engaged against thee and thy true good old cause ) and they shall fight against thee ( by sundry scurrillous pasquils , petitions , slanders , reproaches , and armed secluding guards ) but they shall not prevail against thée . for i am with thee , saith the lord , ( as well now as in all former engagements , trials for this good cause ) to deliver thée , the assurance whereof hath made him so resolute , as singly by himself , to encounter an whole armed host and house , at once , and throuh gods blessing to rout them in a manner by his bare presence , and their good old cause in a great measure by his single opposition : the a sole praise whereof he desires to render wholly and solely b to the lord of hosts , and c god of the spirits of all flesh , and not in any kind or part to himself , d a meer worm and not a man , an earthen v●ssel : yea one of the weak , base , despised things of the world , and a thing that can not , whom yet god can and may make use of , to confound the things that are mighty , and to bring to nought things that are , that no flesh shall glo●y in his presence , and that the excellency of the power might be of god and not of him ; who hath promised , that e one of his faithfull people shall chase a thousand , and two , put ten thousand to flight , ( in a true good old cause and quarrel ) for the lord their god be it is that fighteth for them as he hath promised . what then might all the secluded members and old lords house do , and all the well affected orthodox protestants in our three nations , had they but hearts , wisedoms , courage to joyn their counsels and endeavours together , ( according to their solemn league and covenant ) to vindicate their true old cause and parliamentary privileges , against all inconsiderable oppugners and subverters of them . mr. prynne ; having neither wife nor child to provide for , not much to care for , and never yet desiring any new office , advancement or employment in this present world , nor receiving the least reward for all his faithfull publick services , nor recompence for his manifold losses , sufferings , expences for the publick to whom he hath ever been a faithfull unmercinarie servant , is in good hopes , that the serious perusal of the premises , will convince the good old cause now cryed up , to be a cheat of the iesuites put upon the army , ( as hugh peters apprehends , stiles it in his letter , the 10th . of this may , to a chief officer of the army , ) and also wipe off all the mis-reports , scandals , reproaches , censures , yea acquit him from the heavy charge of sedition , mutiny , treason , against the infant house and republick , cast upon him for his actions or discourses here related , by those who are reallie guiltie of these crimes in the highest degree , by subverting our antient kings , kingdomes , kingship , parliaments , peers , privileges , laws , liberties , properties , oaths , by their iesuitical plots and innovations , and making a prey of all the publick wealth , lands , revenues of the crown , to enrich themselves , and maintain a seditious army , utterly to devour the small remainder of our publick and private wealth almost drained to the dregs ; and bettay us into the hands of our forein enemies , when they have left us neither hearts , hands wills , mony , nor means , manfully to resist their invading power , and reduced us to that slavery , as rather to live under any forein tyrannie , than an g oppressing sword of their own domineering hirelings . as for the thing they stile sedition , it is but h scorsum itio , when a sew confederated innovators shall seperate themselves from the general body or assembly of the kingdom , church , parliament , house , whereof they are members , and act a part by themselves , as a divided republick , church , parliament , house , without and against the generalitie , and true lawfull members , and seperate them from their company . and if this be truth , as k our statutes , lawbooks , i casuists , canonists , and historians accord , we shall know in whose hearts , house sedition truly dwells . and if l aristotle n aquiuas , o angelus de clavasio , and p sundry others who write of sedition , may be credited ; he who disturbs the rule or government of any unlawfull vsurper is no seditious person , because such a usurped government or power is not ordained for the common good , ( whatever pretended ) but for the private advantage of the vsurper , m therefore the disturbance of such a vsurper hath no● the reason of sedition ; yea , it is to be commended , because it freeth the generality of the people from a tyrannical power usurped over , or forcibly imposed on them against their wills , and it is the usurping tyrant only who truely is seditious , as they all define in direct words . and whether mr. prynne and other secluded members and lords , being five times their number , or those who seclude them be seditious , let the whole kingdome resolve . mr. prynne not knowing whether he shall have the like opportunity again ; shall for a conclusion of this narrative addresse himself , and direct some things he intended to have spoken . 1. to the army-officers and souldiers , remember i beseech you in the bowels of jesus christ , what your own army-chaplain john sedgewick in his justice upon the armies remonstrance , from st. albons , nov. 16. 1648. and rebukes of that evil spirit that leads them in their counsels and actions , hath written to them therein , and to the lord fairfax then general , and the general counsel of war , in his epistle dedicatorie to them , when they first espoused their present good old cause . his words are home and piercing , destruction you practise , it is your work , it is your end , you cannot see beyond it , and you are hastning to it , it is the center to which you tend , and therefore i cannot but shew it to you , that you may stay your course b●fore the pit shut her mouth upon you . you are full of glorie in the great things you have done , wonderfull things ! a mighty presence of god. but in sum what is it ? you have torn a poor sinfull kingdom in pieces , you have executed wrath upon your brethren , friends , and countrymen , you have laid desolate your father the king , the parliament , your mother , your own country : this is your glorie to be executioners , assyria the rod of mine anger , what a crown is this ? have you restored , blessed , healed , comforted , saved any ? no , you have but plunged the kindome and your selves into a pit of darknesse and confusion . you drive furiously over the king , parliament , laws , conscience , loyalty , privileges , so as no human nor sacred thing can stand before you . it is high time to withstand you , for it is not men onlie that suffer from you , but the lord : your sword goeth so deep that it pierceth through his soul also : you are gone so farre in dissolving the foundations of government , that you are come to him who upholds the pillars of the earth : you reach to the head of principalities , and powers ; to the lord who is the author and upholder of all these things . he is in these despised broken ordinances of his , and sensible of everie blow that is given to them : you have digged through the wall of flesh and men , and through the partition wall that divided them from god , and now you are in the bowels of the lord ; these miserable broken powers are now the lord. go on , tear and rend , you will at last look upon him whom you have pierced , and mourn . o that you would now do so in good earnest , as you pretend only in your declaration of may 6. 1659. and a yet go on still in your former trespasses , for which god will wound your hairy scalps . o consider , that jesus christ , whose servants ye pretend to be , is both a b king of glory , & a c king of saints : that the gospel you professe is the d gospel of the kingdom , ( not republick ) yea , the e kingdom of god , and of heaven in gospel-language : that his church whereof you pretend your self members , is frequently styled a f kingdom , never a common-wealth ( or at least but g once , and that not in opposition or contradistinction to a kingdom , which is the first excellentest of all common-wealths , as h heathen philosophers , polititians and devines accord , ) but as the verie same with it : that the saints themselves are styled , the i children of the kingdom , ( not republick ) k companions in the kingdom of christ , even in this world ; yea a l kingdom of priests , a royal priesthood ; nay kings and priests to god the father , and that by christs own constitution . consider yet further , that heaven it self , into which you expect at last to enter , is ever stiled m the kingdom of heaven , n an heavenlie and everlasting kingdom , a o kingdom which cannot be moved , a p kingdom which shall have no end ; ( never a common-wealth ; ) that in this kingdom we read of nothing but q crowns , scepters , thrones , robes of glory and majesty , and of r reigning in it for ever and ever . that christ himself hath promised , appointed , and his father given to all his saints the ſ kingdome of heaven . upon which account they are now stiled t heirs of the kingdom , and shall hereafter u inherit & possesse this kingdom , receive the crowns , wear the royal robes , sit upon the thrones provided for them in it . how then have the enchanters of rome , spain , france , so far insatuated your understandings , blinded your judgements , intoxecated your brains , perverted your wills , corrupted your affections , seared your consciences , engaged your unralie passions , as notwithstanding all this , to make you bedlam madde , against all kings , kingship , kingdoms , crowns , scepters , thrones , principalites , and kingly power , as to a abhor , and engage against both the things themselves and their verie names , yea to extirpate them root and branch , against his expresse evangelical procepts , word and practise of all his saints in either testament , to dote upon such a strange vtopian common-wealth , and new freestate , the verie names whereof , much lesse the things , you find not once in scripture in your sense , and never yet read of in the militant or triumphant church of christ . let mr. prynne a little expostulate the case with you , not as a lawyer but as a christian . do you indeed believe the scripture , to be the very will and word of the x great king , the soveraign lord , and iudge of all the earth , and of jesus christ , y the king of kings , the lord of lords , and king of saints , which you are bound in conscience , under pain of eternal damnation to believe and obey ? if not , proclaim it as loud to the world with your voyces , as you do by your swords , z actions ; and then all will know you in your native colours , to be no saints but real atheists , and all reasonings with you will be in vain . but having a better perswasions of you , d b that you believe the scripure to be the c only rule of your consciences , iudgements , lives , both as souldiers and christians . then answer clearlie to these interrogations ; the lord of hosts himself most peremptorilie and preciselie commands you , to fear god , honour the king , 1 pet. 2.17 . rom. 13.7 . yea to fear the lord and the king , ( coupling both these together as unseperable ) and not to meddle with those who are given to change , prov. 24.21 . how can , how dare you then dishonour , vilitie , reproach , destroy , both your natural kings , and kingship too , without the least fear at all of god or the king , and change them into a new republican conventicle ? he commands you to subject your selves to the king as supream , both by the ordinance of god and man , and that for the lords sake : and avoiding scandal to religion , 1 pet. 2.12 , 13. to be subject to the higher powers , and amongst them more especiallie to kings and principalities ; and that not only for fear of wrath , but for conscience sake , for these reasons clearlie expressed : because they are of god , and ordained by god : because they are the ministers of god for your good . because they are gods avengers to punish you , if you disobey , resist , or do evil ; because they who resist them resist the ordinance of god , and shall receive to themselves damnation , rom. 13.1 . to 8. tit. 3.1 , 2. vvith what face , heart , confidence , conscience , then can or dare you , not onlie not submit , subject your selves to , but exalt your selves above , against your lawfull soveraign kings , and higher powers , so far as not onlie to resist , but destroy their persons , powers , kingships , principalities themselves though gods own ordinance ? and that out of pretended zeal and conscience too ; and hope to receive a crown on earth , or in heaven for it , when as god himself denounceth damnation to you , for your verie unwarrantable resistance of them alone , and much more for their destruction , god requires you to make prayers , supplications , intercessions , and giving of thanks * first of all for kings , that you may live a peaceable and quiet life ( under them ) in all godliness and honestie , for this is good and acceptable in the sight of god our saviour . * to make prayers to the god of heaven for the life of the king and of the kings sons , ezra 6.12 , 13. to pray with all the primitive church and saints of cod , psal . 72.1 . give the king thy judgement o god , and thy righteousness unto the kings sun : how can , how dare you then , not onlie neglect these duties , but prohibit , condemn , punish them , as no lesse than high treason in others ? and not onlie fight , but curse , revile , pray against the king , and the kings sons too , and take away their lives , livelihoods , instead of praying for them , reputing it both your godlynesse , honesty , yea a duty acceptable , and well pleasing unto god : e hear o heavens , and tremble o earth at this great impietie ; god commands you eccles . 8.2 . to keep the kings commandement , and that in regard of the oath of god : and dare you against all your oaths of fealty , homage , supremacy , allegiance , protestation , league , covenant , printed declarations , and your own propositions 1 august 1647. that the kings person ( and royal issue ) may be restored to a condition of safety , honor , and freedom in this nation , without diminution of their personal rights doth abjure , eradicate king , kingship , and the royal posterity ; f that you may no more keep nor obey anie of their superior commands , and prefer the commands of anie undutifull army-officers , ( raised onlie to defend the king and parliament from all force and violences ) before both their ordinances , proclamations , commissions , votes , to both their ruines ? god injoyns you not to curse the king no not in your thoughts , & not to revile or speak evil of the ruler of your people , eccles . 10.20 . exod. 22.28 . acts 23.5 . tit. 32. and can you , like those wicked idolators , isay 8.21 . curse your king and your god , and look upward : and like those unjust , carnal , bruitish beasts , ( made to be destroyed , and reserved to the day of judgement to be punished ) despise dominion , speak evil of dignities , kings , kingship , 2 pet. 9. to 14. jude 8.9 , 10. for which the cospel it self denounceth , woe unto you , perishing in the gain-saying of core , jude 11 that you shall utterly perish in your own corruption , and receive the reward of unrighteousnesse , 2 pet. 2.12 , 13. christ himself more tha● once enjoyns you in the cospel , to render to caesar the things that are caesars , to wit , all his dues , tributes , custom , fear , honor , mat. 22.17 , 21. mar. 12.16 , 17. lu. 20.22 , 24 , 25. rom. 13.7 . how can or dare you then wrongfully forciblie take away and detain from your rightfull king & caesar , not onlie all these his dues and crown-lands too , but his verie crown & life to boot , & instead of making restitution of them to his son when he came to demand the fruits of his fathers vineyard , do and say with those wicked husbandmen in the gospel , mat. 21.38 , 39. lu. 20.14 . this is the heir come let us kill him , and the inheritance shall be ours , and cast him out of the vineyard . o remember the sad doom which christ himself and all his auditors have denounced against you for it in these texts , & luke 19. 27. then tremble at it . if all these precepts will not affect nor reform you , consider , that it hath been the general constant importunate desire of all nations , and gods own people too , ( wherin god himself hath gratified them ) to set up kings to judge , rule them , and fight their battels , deut. 17.14 , 15. 1 sam. 8.5.19 , 20 , 22. jer. 25.18 to 27. for all the people unanimouslie to rejoyce , and expresse their gladnesse , contentment , satisfaction delight , triumph , at their kings solemn inaugurations , with trumpets , feasts , shouts , acclamations ; & to eccho out this unanimous publick ovation , again and again , god save the king , let the king live , o king live for ever , and to use the self-same expressions in all their private and publick addresses 1 sam. 11.24 . 2 sam. 16.16 . 1 kings 1.25.34 , 39. 2 kings 11.12 . 2 chron. 23 11. ezra 6.10 . psal . 72.10 , 15. dan. 2.4 . c. 3.9 . c. 6.6.21 . mat. 21·5 . 9 . and will you be antipodes to all other nations , yea to gods own people in all ages , and cry out still with united shouts , o do not save but destroy , crucifie , behead , extirpate , king and kingship too ; away with them , away with them from the earth , let them never live but die , die , and that for evermore ? what madnesse , what frenzie is this ? when the wicked jews cryed out to pilate against our saviour jesus christ , ( who was born king of the iews , mat. 2.2 . ) away with him , away with him , crucifie him , crucifie him . pilate himself used this argument to represse their furie , g behold your king , shall i crucifie your king. at which they were so non-plussed , that their chief priests had no other answer but this to evade it , we have no king but caesar , if thou let this man go thou art not caesars friend , whosoever maketh himself a king speaketh against caesar : upon which he deli●●●ed him over to them to be crucified . and when pilate put this title on his crosse , jesus of nazareth , king of the iews , the chief priests were angry at it , and said to pilate , write not king of the iews , but that he said , i am king of the jews ; being all convinced , that it was a most barbarous , shamefull , inhuman , worse than jewish act , for any subjects or people to crucifie their lawfull king , though in a way of publick justice ; whence the apostle thus reasons , 1 cor. 2.8 . that had the princes of this world , ( and iews themselves ) known or believed christ to be their king ; they would not have crucified the lord of glory , and shall you not prove then far more transcendently impious , treacherous than the worst of jew , of mortals ; not only in your former crucifying , beheading your undoubted , known , lawfull , hereditary king , which they abhorred to do , but his kingly office and posterity too ; if you cry still , away with them , away with them , wittingly , wilfully , uncessantly , their blood be on us and our children after us ; and will not the wrath of god come upon you and yours to the uttermost for this your high provocation , as it did upon these jews , if you do not speedily repent of it ? 1 thes . 2.15 , 16. it was the loyalty , piety of david , ( a man h after gods own heart , a gallanter commander , souldier , conqueror , than the best & greatest of you ; ) when he was persecuted in the field by his soveraign king saul and his army , hunted as a partridge from place to place to take away his life , and had several opportunities to destroy him without danger put into his hands , and was twice importuned by his rude souldiers to slay him , or permit them to do it ; that he rebuked this evil spirit and counsell in them , and gave them this answer , i the lord forbid that i should do this thing unto my master , that i should stretch forth my hand against the lords anointed , seeing he is the anointed of the lord , destroy him not , for who can stretch forth his hand against the lords anointed and be innogent : and when the amalekite brought tydings to him of sauls death , telling him , that he had slain him by sauls own command ; and presented him with his crown and bracelets , k expecting a great reward from him for those good tydings , being formerly anointed by god to succeed him : he gave him no other answer nor reward but this ; how ? wa st thou not afraid to stretch forth thy hand to destroy the lords anointed ? thy bloud be upon thy head , for thy mouth hath testifyed against thee saying ; i have slain the lords anointed . and he called one of the young men and said , go near and fall upon him ; and he smote him that he died . and david and all the men that were with him ●ent their clothes , and lamented with a most pathetical lamentation over saul ; recorded for ever in sacred writ , 2 sam. 1.12 . to the end . the like reward he gave to the murderers of ishbosheth his competitor , 2 sam. 4.10 , 11 , 12. and can you then conceit you were guided by the holy spirit of god which dwelt in david ? or that you deserve the title , of men after gods own heart , of saints , of honorable , pious commanders , soldiers , for speaking , declaring , acting against your k. diametrically contrary to him in all these particulars : and glorying in it as your highest praise , valour , saintship ? his tender heart l smote him to the quick , for cutting off only the skirt of king sauls garment privily , ( when he refused to offer the least violence to his person , as his soldiers counselled him ) because he had cut off saul skirt : and will not your adamantine hearts , ( m harder than the nether milstone ) yet smite you with the least compunction for cutting off king charles his head publickly , and parting not only his garments amongst you , ( as the n souldiers did our saviours , when they crucified him ) but his crown and kingdoms too ? after david succeded saul in his throne , his captains , souldiers , people , were so carefull to preserve his life from the least appearance of danger , n that when he would have gone out to battel against his rebellious son absolom , who usurped the crown : they answered him , thou shalt not go forth , for if we flye away or half of us dye , they will not set their hearts on us , but now thou art as ten thousand of us ; yea they swore to him at another time , thou shalt no more go out with us to battel , least thou quench the light of israel , 2 sam. 21.17 . and when absolom was slain , all the people were at strife through all the tribes of israel , saying , absolom whom we anointed over us is dead in battel : now therefore why speak ye not a word of bringing the king back ? whereupon they earnestly contended who should be the fi●st that should bring back the king , 2 sam. 19.9 , 10 , 14 , 15 , 41 , 42 , 43. and can you then not only professedly go out to battel against the king himself and parliament too , against all parliament-votes , o●dinances , declarations , commissions , by which you we●e raised , ●or their mutual defence : but destroy and slay them both , in cold blood , after the battel ended by a friendly treaty , to prevent all accord between them , and instead of bringing the king again to his royal city , parliament , throne , in peace and safety from the isle of wight , not speak one word the●eof , but bring him only back again , to a most disloyal , illegal bloody execution , & not repent of , but persevere in this unparallel'd treachery against his son , even after your anoynted absolom ( who engaged you in these unsaintly , unsoldierly , un-english treasons ) by the * stroke of god himself is dead , and his son set aside by your selves , through divine retaliation ? in few words , can it ever be your honor , glory , a saint● , to be the instrument● , executioners of gods wrath and vengeance upon your own native kings , kingdoms , churches , countrie , to oppresse , consume , and eat out all their publick , private wealth , revenues , and burthen them with endlesse taxes , excises , to maintain your needlesse , uselesse forces , only to over-awe , o overturn them all , yea our parliaments , laws , liberties , with your own new-modelled governments , and governors too , one after another , till they all be brought to total and final desolation ? to do the works of assyrians , babilonians , turks , gothes , vandals , p the roddes of gods anger , his battel-axes , the staff of his indignation , to shake , destroy churches , kingdoms , nations , persons , and make them desolate ; yea worse than the worst of these , who never shoke , destroyed their own kings , kingdoms , countries , but their forein enemies or neighbours , against whom q god sent them in his wrath , for their crying provocations , to break them in pieces and tread them down like mire in the strees ? if you repute this your glory , and resolve to persist therein , without speedy and sincere repentance of the mischiefs you have done , consider and read over , over and over again at your leasure , the taunting proverb , severe judgements , divine and final reward , menaced to , inflicted by god himself by an irreversible decree , and irresistable power , upon the king of babilon himself , his royal posterity , the city of babilon , the whole assyrian host , nation , kingdom , for shaking , destroying , breaking in pieces other kings , kingdoms , nations , and gods own people too for their sinnes , ( as you have served your own kings , kingdoms , churches , parliaments , nations , laws , liberties , against all oaths , and obligations , to the contrary ) recorded at large in sacred writ , isay , 14.4 . to 30· c. 31.8 , 9. jer , 50.17 , 18. ch . 51. throughout . and then sleep quietly in your beds , and blesse your selves in these your successefull wickednesses if you can ; in respect of your present earthly prosperity , or your posterityes after you . as for your eternal estate in another world , consider that dismal text , psal . 92.6 , 7. a brutish man knoweth not , neither doth a fool understand this : when as the wicked spring as the grass● , and when all the workers of iniquity do flourish , it is that they shall be destroyed for ever . & ps . 9.16 , 17. it hath been your businesse of late years , and now again , ( after your seeming repentance for it in your new declaration , may 6. ) to shut our kings , lords , honestest faithfullest members of the commons house out of parliament , and forcibly to seclude them when they knocked for entrance , yea to cast some of them into hell , and other prisons for discharging their trusts , and mr. prynne beyond all others . o take heed , that when you shall come t● knock at heaven gates for entrance , and cry , r lord , lord , open unto us , you receive not that answer recorded in the gospel from christ himself ; i tell you , i know you not whence you are , depart from me all ye workers of iniquity into the lowermost hell , and everlasting chains of darkn●sse , where there shall be weeping and gnashing of teeth ; when you shall see abraham , isaac ( yea the secluded mem●ers ) in the kingdom of god , ( which no ſ murderers , rebelli●us , s●ditio●s , vnrighteous covetous persons , plunderers , traytors , n● p●rnitious d●stroyers , s●bverters of kings , kingdoms , parliaments , shall inherit , ) and your selves shut out for ever . you all pretend you are setting up christs kingdom , and propagating his gospel amongst us by your arms , swords , pistols , and army predicants : but we read in the gospel , ● that the souldiers armed with swords , staves , spears , were the only officers and persons imployed to apprehend king t iesus himself , and bring him to justice befor● pilat . the only men who stripped him of his own garments , put upon him a scarlet robe , then plotted and set a crown of thorns on his head , instead of a crown of gold , put a reed into his hand instead of a scepter , & then mocked , spit in his face , reviled , buffetted , and bowed their knees unto him in scorn , saying , hayl king of the iews , and led him away to crucifie him ; after which they gave him vinegar to drink migled with gall , ( instead of a cordial ) crucified him , then parted his garments ; casting lots . after this they set a watch upon his sepulchre , lest his disciples should take him thence . and when he was risen from the dead , to smother the truth of his resurrection ' the chief priests taking counsel together , gave large monie to the souldiers , saying , say ye his disciples came by night and stole him away whiles we slept : so they took the monie and did as they were taught , and this their lye is commonly reported among the jews till this day . these things truly the souldiers did , as the evangelists record to their perpetual honor . after which herods men of war and souldiers ( who likewise set christ at nought , mocked him , then arrayed him in a gorgeous robe , and sent him to pilate to condemn , lu. 23.11 . ) stretched forth their hands to vex certain of the church , killed iames the apostle with the sword , apprehended peter and put him in prison , where he was guarded day and night with four quaternions of souldiers , to prevent an escape , acts 12.1 . to 8. but that ever they did set up christs kingdom , and propagate the gospel by their swords and arms otherwise than this , the gospel it self is silent : yea u god himself in precise terms resolves , that men of war , who have fought great battels , and spilt much blood upon the earth , ( though against his enemies ) shall not be at all honoured , employed in building of his temple . yea this as the expresse word of the lord to zerubbabel , when gods house was to be rebuilt , and his kingdom propagagated ; not by army , ( so the hebrew and margin render it ) nor by power , but by my spirit , saith the lord of hosts , is this work to be done ) zech. 4.6 . our saviour christ is both the x king , and prince of peace : his gospel the y gospel of peace : his apostles and ministers z ambassadors of peace : and his kingdom consists a in righteousness and peace . now nothing is more b directlie opposite , destructive to , inconsistent with this peace , to the king , prince , gospel , ambassadors , and kingdom of peace , as armies , souldiers , war , arms : and therefore it is observable , that when our saviour sent forth his disciples to preach the gospel , and set up his kingdom , he did not make choyce of captains of thousands , or hundreds , nor yet of souldiers , or armed men : but of mean c fisher-men , and others altogether averse from war ; commanding them in expresse terms , c to take neither gold , silver , nor brasse in their purses , nor scrip , nor two coats , nor yet staves , ( much lesse swords , pikes , horses , pistols ) nor any thing else belonging to a souldier , no offensive or defensive arms , at the most but a single d walking staffe , like travellers , to help , support them : yea christ expresly resolves , that his ministers are and must be no fighters , no strikers , nor strivers , ( much lesse then professed warriers ) john 18.36 . 1 tim. 3.3 . 2 tim. 2 , 24. they have no sword , but that of the spirit and their mouth , the word of god , and fight with it only against mens sins , lusts , not persons , eph. 6.17 . heb. 4.12 . rev. 19.15 , 21. yea when peter once did but draw his sword to defend king jesus against the souldiers , who came with swords and staves to apprehend him , he said unto him , mat. 26.52 . put up thy sword again in to its place , for they that take the sword shall perish with the sword : nay the state of the gospel is so inconsistent with souldiers , arms , vvar , that upon the sincere profession of it , god requires the professors thereof , to beat their swords into plowshares , and their spears into pruning-hooks , nation shall not lift up sword against nation , neither shall they learn vvar any more ; but to live in peace with all men , and keep the unity of the spirit in the bond of peace , isay 2.4 . mich. 4.3 . luke 2.14 . 1 cor. 7.15 . c. 14.53 . gal. 5.22 . 2 cor. 13.11 . eph. 4 3. col. 3.15 . 2 thes . 3.16 . heb. 12.14 . never was the kingdom , gospel , church of jesus christ promoted , advanced in any age or place by war , & swordmen ; but many * churches have been utterly destroyed , extirpated , depraved , corrupted ; none ever edified , planted enlarged , much lesse reformed by them . our present armie-saints , and new military-apostles by their fighting , praying , preaching , fasting , instead of promoting the gospel , protestant religion , and church of england , have almost totally subverted them , by * broaching , countenancing , protecting all sorts of heresies , blasphemies , sects , schisms , errors , opinions , religions , setting up new conventicles of sectaries , seducers in all places , opposing , slighting , traducing the very church , doctrine , ministry of england ; the very function , ordination of ministers , by decrying , detaining their tithes and former maintenance , as litigious , jewish , antichristian ; by swallowing up all the lands , revenues of bishops , deans , chapters , arch-deacons , and a great part of our ministers maintenance by sequestrations , and monthly contributions to maintain their army evangelists , now ready to swallow up the remainder that is left , and continuing in a body for that purpose , by the very jesuites instigation , who not only professedly teach in their publick university at madrid , the art of war by land and sea , the making of guns , gunpowder , fireworks , all manner of military engines , of which they read lectures , as most agreeable to the name , profession of their martial father ignatius , as e alphonsus vargas a spanish priest records ; but boast , f that the general of the jesuites , can bring into the field more souldiers , of his own order , in a shorter time than any christian king whatsoever : and likewise expresly affirm , that their gopsel and religion is to be propagated , set up ; the heretiques , and evangelical sectaries , who resist them , refuted , extirpated , abolished with fire , armies , sword , and war , in england & elsewhere , as jacobus cruciger ( rector of the jesuites at lansperg ) in his explication of the rules of their order , parlus windeck , de extirpandis heresibus antid . 10 , 11. p. 404 , 412 , 480. thuanus , hist . l. 65. p. 238. l. 66. p. 299. franciscus verona . apol. pro johanne castle . par . 5. c. 13. hospinian , hist . jesuitica . l. 4. p. 212 , 213 , 214. hasenmullerus , hist . jesuit c. 1. & spec. jesuiticum , p. 61. unanimously attest . o then discern at last whose gospel , kingdom , you are now propagating by your army , arms , and westminster conventicle , not jesus christs , but the very jesuites , his greatest underminers . many of you ( especially millinaries , and fifth monarchy-men , ) pretend , that jesus christ is now comming to reign personally on earth a thousand years , and that you shall all reign together , as joynt-kings with , or vece-royes under him . but the setting up of a new republick and aristocracy , is wholly inconsistent with this kingdom and monarchy of christ you now expect ; which suites only with a temporal king and kingdom . how this opinion will accord with christs own description of it , john 18.16 . my kingdom is not of this world , or pauls , rom. 14.17 . the kingdom of god is not meat and drink , ( nor yet arms and armies , ) but righteousness● and peace , and joy in the holy ghost , ( which souldiers , armies usually destroy , not produce , or propagate ) let those who maintain it , consider . when mr. prynne was kept close prisoner in pendennis castle by john bradshaws and our new republicans illegal warrant in july , 1651. some four dayes after his imprisoment there , divers officers and souldiers of the garrison , who had long debated every day for sundry months befo●e , their present expected personal reign of christ on earth , repaired to him , to know his opinion conce●ning it , as he was taking fresh ai● in the bowling-alley , standing in a ring about him : upon which he fi●st demanded their opinions of it : when they had all fully utte●ed their conceits in the affirmative with much considence ; m. pryn briefly answered , that now they had beheaded one of our kings , and almost conquered another , and o●r 3. kingdoms , they tho●ght , talked of nothing but being all kings themselves , and of reigning person●lly on earth cheek by joll with christ himself , as his fellow-kings , no earthly king being fit to be a companion for such transcendent s●blinated saints as they thought themselves . but they were all most grosly mistaken : for that very text of rev. 20.4 , 5. ( which he read out of one of their bibles ) whereon they principally g●ounded thei● opinions and reign , was pointblank against them . and i saw the souls of them that were beheaded , ( not of them who took off their own christian protestant kings and nobles heads ) for the witnesse of jesus , and the word of god , and which had not worshipped the beast , nor his image , neither had received his mark upon their foreheads , nor in their hands , and they lived and reigned with christ a thousand years : ( is it not added on the earth , and chap. 22.5 . rather proves their reign to be in the new jerusalem in heaven . ) but the rest of the dead , ( who were not thus beheaded ) lived not again , ) ( much lesse then reigned with christ , ) till the thousand years were past . by which it is most apparent , that if christ shall reign personally on earth for a thousand years , as they all conceived , and that this time was now at hand : yet not one of them should , or possibly could reign with him , if this text be vmpire : for the words are most positive , that none else shall thus reign with jesus christ a thousand years , but only the souls of those who were beheaded for the testimony of iesus christ , &c. it being expresly averred in the affirmative ; then in the negative , but the rest of the dead lived not till the thousand years were past . upon which account , the late king , and other protestants whose heads they had cut off , and those godly christians they had slain , murdered in the wars ; and perchance himself and others who had lost their ears , liberties , estates , and were shut up close prisoners , for the testimony of iesus christ , and had not worshipped , but opposed the beast of rome , his image , superstitions , innovations , proceedings against the late king , parliament , religion , nor received the mark of the beast in their foreheads or hands , might peradventure reign with christ a thousand years . but as for themselves and other army saints , who made it their businesse , and reputed it their honour , saintship , to cut off the heads of their own christian kings , nobles , brethren ; to destroy kingdoms , parliaments , & their privileges ; secure , imprison , close imprison their members , worshipping the very beast and his image , and visibly receiving his mark in their foreheads , hands , by these their jesuitical practises ; keeping up an army and iron-sword still drawn amongst us , to the great oppressing , undoing of their native country , of purpose to keep off the wooden crosse of iesus christ , which he h expresly enjoyned them with self-denying spirits to take up daily , and follow him , and that other crosse , their own consciences tell them , these perfideous , treacherous practises of theirs justly demerit , they could have no ground at all from this or anie other text to reign with christ in his heavenly or earthly kingdom , out of which these their seditious , unrighteous , and bloody practises did eternally exclude them , as the 10 , 14 , 15. verses of this very chapter , rev. 22.11 , 15. 1 cor. 6.8 , 9 , 10. gal. 5.20 , 21. resolve . therefore if ever they desired or expected thus to reign with christ , they must all presently repent of these their former exorbitances , put off their swords from their sides , take up christs daily crosse , lay down their own heads upon the block , and then willingly chearfully lose them , not for their 7 reasons and rebellions , but for the testimony of iesus christ , and the word of god , and opposition of their former treasonable plots of the beast of rome ; then they might expect to reign with him , otherwise they had no hopes by the resolution of this text , and that parallel'd place , 2 tim. 2.11.12 . which excellently explains it ; if we be dead with christ , we shall also live with him : if we suffer , we shall also reign with him : if we deny him ( by refusing to suffer with or for him ) he will also deny us . with which words these formerly confident swordmen were so non plassed , that they had not one word to reply , and gave over all future discourses of this subject ever since , being as unwilling to lose their souldiers pay or heads for the testimony of christ , as the i young man in the gos●el was , to sell all he had and give it the poor , to gain eternal life and treasures in heaven lastly , consider , that as it is the highest glory , excellency of god himself , the greatest comfort , felicity , security of his church , saints , that he is the living god stedfast for ever , dan. 6.26 that he is the lord and changeth not , mal. 3.6 . that with him is no variablenesse , or shadow of change , james 1.17 . that he is the same immutable god for ever , from everlasting to everlasting : that his counsels , thoughts of heart , purposes , truth , faithfulnesse , commands , loving-kindnesse , covenant stand fast , firm , unalterable to all generations , for ever and ever , psal . 3 11. psalm 90.1 , 2. psalm 100.5 . psal . ●02 . 16 , 17 lam. 5.19 . hebr. 8.13 psal 110.4 . so it is the most transcendent honour , dignity , glory of god the fathers , and jesus christs kingship , kingdom , and the chief consolation , exultation , beatitude of their subjects and chosen saints ; that the lord is , and fitteth king for ever ; that he is an everlasting king , which reigns and shall reign for ever and ever ; that his kingdom , dominion , throne , are all everlasting , established , and enduring for evermore , for ever and ever , throughout all generations ; that they cannot be moved , and shall have no end , psalm 10.16 . psal . 29.10 . psal . 9● . 8 psal . 45.6 . psal . 145.13 . psal . 146.10 isay 19.7 . dan. 4.3.34 . c. 7.14 , 27. jer. 10.10 . mar. 4.7 , lu. 1.32 , 33. 2 pet. 1.11 . rev. 11.15 . hebr. 12.28 . lam. 5.19 . so also it is the praise , honour , glory of all nations , churches , people , kingdoms , governments , and every particular person , both as a man , christian , counsellour , or publick minister of state , to be constant , stedfast , fixed , resolute , immoveble , and unchangeable in their oath , religion , worship , faith , principle● , co●nsels , resolution● , con●●●● , when true , ju●● , honest , upright , ●incere , commendable , and in their kingly , publick government , evidenced by its antiquitie , the experiences of many successive generations to be beneficial , safe , ju●t , profitable , honorable for the gegeneralitie of the people , and firmlie established by laws , oaths , covenants , prescription , with all other civil and sacred ratifications : as is most apparent by josh . 24.15 , 16. to 28. p●al . 15 , 4.1 . chron. 28.7 , 8 , 9. prov. 24.21 . psal . 57.7 . p●al . 46.1 , 2 , 3. ps . 27.1 , 3. jer. 2.11 . rom. 8.35 , 36 , ●6 , 37 , 38 , 39. 1 cor. 15.58 . cap. 7.37 . heb. 6.18 , 19. col. 2.5 , 6 , 7. 2 thess . 2.17 . c. 3.3 . eph. 6.13 , 14. col. 1.23 . acts 20.24 . c. 21.13 , 14. rom. 13 1 , 2 , 3. 1 pet. 2.13 , 14 , 15. tit. 3.1 . 2 chron. 13.5 , 6. c. 11.13 , 14 , 15 , 16 , 17. c. 23.1 , 2 , 3 , 4 , &c. c. 26.1 . c. 33.24 , 25. 2. sam. 7.13 , 20 , 29. 1 chron. 17.13 , 14 , 22. to 28. c. 22.10.2 chron. 9.8 . c. 21.7 . ez. 37.45 . prov. 29.14 . worthy special observation . but it is the sinne , shame , reproach , infamy , dishonor , r●in of any nation , church , peopl● , kingdom , state , counsel , person , to be addicted to changes , unstable , variable , unconstant , fickle , mutable , t●ss●d to and fro , backward and forward , upward and downward , this way and that way , like children , fools , reeds , vanes , weathercocks , empty , clouds , wandring stars , the restless sea and its waves , t●ssed and turned about with every wind and storme ; like wild asses , dromedaries , traversing their wayes ; or whorish women gadding about to change their lovers , wayes , and doting upon every novelty or new lover they meet with , as gen. 49.4 . ps . 78.8 , 9 , 10. to 40. ezech. 16.25 . to 60. jer. 2.11 . to 37. pro. 7.11.12 . jam. 1.6.8 . hab. 1.14 , 15. pro. 24.21 , 22. i●ay 24.5 . ps . 106.20 . mat. 11.7 . rom. 1.23.25 . acts 28.6 . 2 pet. 2.1 , 2 , 14. to 22. c. 3.17 . 2 tim. 3.6 , 7. eph. 4.14 . jude 6 , 12 , 13 , 16 , 24. resolve . why then are you alwayes ringing the changes in our churche● , kingdoms , parliaments , government , religion , modelling , unmodelling , chopping , changing , altering , building them up and pulling them down again from day to day , against all oathes , vowes , covenants , laws , establishments , policy , prudence , justice , safety , settlement , by which you become the highest transgr●ss●rs , gal. 2.18 ? is this to shew your selves saints , men of god , or prudent senators or statesmen ? no , no : but to be that generation of spoylers and treacherous men , ( no more to be believed , trusted by any , though you speak fair words , may swear and vow ) who have spoiled and dealt very treacherously with your brethren and the house of your fathers , ( who raised , entrusted you for their defence and preservation ; ) against whom god denounceth a woe , and answerable retaliation in conclusion : to be spoiled and dealt treacherously with your selves , ( as some of you , your new protector , and those now sitting have been already dealt with , and others who made them treacherous ) is . 33.1 . jer. 12.1 , 2 , 6. c. 3.4 . yea such neighbors , brethren as will utterly supplant , deceive , slander their very nearest , dearest relations , whose habitation is in the midst of deceit ; whom god himself commands us to take heed of , and not to trust , for they are all an assembly of treacherous , double-minded men , unstable in all their wayes ; empty clouds carried about with a tempest ; raging waves of the sea which cannot rest , foaming out their own shame , casting out mire and dirt ; wandring stars , to whom are reserved the hackness of darkn●ss ●or ever , as three prophets , and 3 apostles resolve in express terms , isay 57.20 , 21. jer. 9.2 , 3 , 4 , 5 , 6. mich. 7.5 , 6. jam. 1.6 , 7.2 pet. 2.17 . jude 12 , 13. o therefore now at last repent , repent with greatest grief , shame , horror of this you . treachery , inconstancy , and * harden not your hearts as in the day of temptation and provocation , ( decemb. 6. 1648. & may 7. 1659. ) when you erred in your hearts , & wandred out of the way of g●d , peace , truth , justice , righteousn●ss , hon●sty , piety , duty , into * such j●s●itical paths , wherein there is nothing but wasting and destruction ( as god resolves , & all men find by 11 years sad experiment , ) else he will swear in his wrath , you shall never enter into his rest . if these evangelical , scriptural expost●lations will not perswade you , to sound a present retreat , & sue out a bill of divorce from your false good old cause for our future publike safety , peace settlement ; m. p. shall then intreat you to believe your own declarations : in your last , may 6. 1659. you truly declare to the world that the only wise god in the course of his providence , hath disappointed ; all your endeavours , and rendered all ( your ) means to obviate the dangers and settle these nations in peace and prosperity , vtterly ineffectval . will you know the true reason of it ? it is because ever since you have interrupted and forcibly dissoved the treaty of peace between the late king and his parliament , decemb. 6. 1648. you have walked in such crooked counsels , pathes of iniquity , bloud , violence , treason , destruction , as whosoever goeth therein shall not know peace , and have neither known nor pursued the true way of peace ; as god himself resolves you , if you dare credit him , isay 59.2 . to 16. which you may do well to study . if you will not believe god , nor mr. prynne herein , pray then believe your own selves , whiles in your right senses , before the good spirit of god departed from you , and now pursue that only way to our peace and settlement you then at least 4. times successively prescribed . in your humble remonstrance from his excellency and the army under his command , presented to the commissioners at st. albans , 25 june 1647. p. 12. these are your own printed words : we doe f●rther clearly confess , we do not see how there can be any peace to the kingdom from or lasting ▪ without a due consideration of and provision for the righ●s quiet ▪ and immunity of his majesties royal family and late partakers . and herein we thinke that tender and equitable dealing ( as supposing their case had been ●●rs ) and a spirit of common love and iustice diff●sing it self to the good and preservation of all , will make up the most glorious conquest over their hear●s ( i● god in mercy see it good ) to make them and the whole people of the land lasting friends , the like words , expressions to the same effect you use in your representation of the army , 14 june 1647. & in your generals letter to both houses of parliament , 6 july 1647. declaring it the general sense of all or most of the officers of the army , to avoid all harshness , and afford all kind usage to his majesties person , family , and late party ; as the most honourable , prudent , and christian way and the most hopefull course ▪ to take away the present and future seeds of warr amongst us to posterity ▪ and to procure a lasting peace and a government in this distracted nation : and in your proposals 1 a●g : 1647. for the settlement of a firm peace , you have the like expressions again : as mr. prynne in his speech in parliament , dec. 4. 1648. ( p. 79 , 80 , 81 , 82. ) evidenced to the house of commons , perswading them to pursue this only way of peace , and not your quite contradictory remonstr : 20 nov. 1648. ( when debauched by the jesuits , the only way to unsetlement , tumults , warres , desolation ) as experience hath now sufficiently demonstrated . o therefore now at last embrace , pursue this true and only way to safety , peace , settlement by your own quadruple resolutions : and then we shall soon have peace , quietness safety , and assurance for ever . mr. prynne having thus discharged his conscience towards the army-officers and swordmen ; the primum mobile of all our late , present motions and commotions , wheeling about all the rest , he shall in the second place addresse himself to their subordinate , selected westminster conventicle , now fitting under their force and lure , to act , vote what they prescribe them ; forcibly d separating their old fellow members from their company ; and himself above all others , who hath lost , suffred , spoken , written , acted more from time to time for god , religion , laws , liberties , properties , parliaments , and their privileges , against all jesuitical underminers , than all of thē put together , notwithstanding all discouragements , ingrate requitals from them and others . he shall only desire them in relation to the old and newly secluded members , to answer than one expost●larie text , mal. 2.9 . have we not all one father ? hath not one god created us ? ( yea one mother , church , countrey engendred , nourished , entrusted us all alike : ) why then doe ye deal treachero●sly every man against his brother by prophaning the covenant of our fathers ? as for your new erected , revived republike ; you so much dote on ; e wherin ye have reigned as kings without ( yea against ) us , and we would to god ye did reign , that we also might reign with you ; he shall desire you for your own , our churches , religions sake , safetie , honour , to consider its papal , jesuitical , antichristian , spanish , french originals , and its sad effects , to their advantage , and the ruine of our religion , alreadie discovered , which you cannot gain say : to weigh his former expostulations with the army-officers , soldiers , and these few scriptural ( to omit manie other political , historical considerations , beyond all refutation , and more to be valued than all politicks of carnal heads or hearts , ) to enamor you again with hereditarie kings and kingship , which you have so rashly , brutishly , persidiously abjured , out of meer self-ends and interests , having not the least syllable in scripture to justifie either the forcible bloudie manner of erecting , new modelling your illegitimate commonwealth , or your adopting it in the place of our old kingdom and kingship . first of all consider , that as jesus christ himself is a king by birth and inheritance , mat. 2.2 . lu. 1.32 , 33. so it is also his supremest , royallest title , attribute in the very gospel , that hee is f king , & lord of kings , lord of lords , the prince of the kings of the earth , and the head of all principalities and powers : now the abolishing of kings , kingship , princes , lords , divests jesus christ himself of these his most royal titles and soveraigntie ; because he is thus stiled only in relation to earthly kings , princes , lords , who rule and reign over kingdoms , nations , by , for , through , under him , as his ministers , officers , viceroyes , deputies , and are appointed , commissioned , accountable to , judged , removed by him alone ; as subordinate kings were by the emperors , kings of babylon , assyria , parthia , and our edgar , who were stiled , king of kings , because kings were subjects to them , held their crowns by , from , and under them , and did homage to them as their subjects , as you may read at large in mr. seldens titles of honour , part 1. ch . 3. sect . 2. and dan : 2.21.37 , 38.47 . c. 4.17.25 . many of these kings losing this title of king of kings , when their subordinate kings and kingdoms revolted , ceased , or escheated into their own hands : in relation to these titles of christ , it is expresly prophecied , ps . 72.10.11 . the kings of tarshish , and of the isles shall bring presents , ( principally intended , ve●ified of this our island of great britain , which g had the fi●st christian king we read of in all the world , lucius ; the first christian queen , helena ; the first and most glorious christian emperor , constantine the great ; the first christian king who opposed , abolished the popes supremacie , henrie the 8. the first protestant king who by publike acts of parliament abolished both the pope and poperie , and established the reformed protestant religion ; & the first protestant queen who did the like ; to wit , king edward the 6. and queen elizabeth ; and more devout pious kings , queens , martyred for religion , canonized for saints , and reputed such in the churches of christ and kalendars of saints , than anie other kingdom or countrie in the world , how great or populous soever , as our own and forein histories record to our immortal honor. ) it then follows , the kings of sheba & seba shall offer gifts : yea , all kings shall fall down before him ( in way of adoration , & by their president and leading example ) all nations ( under them ) shall serve him . how can , how dare you then abolish kings , kingship , lords ( especially in our island ) without committing the highest treason , not only against our kings and lords ; but the lord jesus christ the king of kings , and lord of lords , since regnum angliae est regnum dei , & ipse sibi reges providebit : as our h historians inform us : ) and can you i resist his power with all your armed forces ? are you stronger than he , when he shall enter into judgment with you for depriving him of these title ? 2ly . consider , it is gods special promise , covenant made to abraham the fat●er of the faithfull , gen : 17.6 . i will make thee exceeding fruitful , i will make nations of thee , & kings shall come out of thee ; and his extraordinarie blessing on sara , v : 16. i will bless her , & she shall be a mother of nations , & kings of people shall be of her . 3ly , it was judah his blessing , prerogative , gen. 49.8.10 . thy fathers children shall bow down before th●e : the scepter shall not depart from iudah , nor a law-giver from between his feet until shiloh come . 4ly , when balaam prophecied of the happiness & prosperity of israel , he useth these as the highest expressions thereof , n●m . 23.21 . &c. 24.7 . the sho●t of a king is among them : and his king shall be higher than agag , and his kingdoms shall be exalted : 5ly , it is recorded by the spirit of god , 2 sam. 5.12 . david perceived , that the lord had established him king over israel , and that he had exalted his kingdom for his people israels sake . and when god ( after he made him king over them ) had promised by the mouth of the prophet nathan , 2 sam : 7.10 . moreover i will appoint a place for my people israel , and will plant them , that they may dwell in a place of their own , and move no more , neither shall the children of wickedness afflict them , as before time , under their judges : how did god effect this promise ? but by establishing an hereditarie kingdom amongst them in david , during his life , whom he caused to rest from all his enemies round about : and when thy dayes be fulfilled , and thou shalt sleep with thy fathers , i will set up thy seed after thee , which shall proceed out of thy bowels , and will establish his kingdom . and thine house and thy kingdom shall be established for ever before thee , and thy throne shall be established forever , ver : 11 , 12 , 16. how much holy david was transported , yea ravished with this news from heaven , and with what enlargement of spirit he bl●ss●d god for , and prayed for the accomplishment of it , as the greatest blessing and confirmation of his people israel by god himself , v : 23 , 24 , and the highest honor , blessing , to his own house , you may read to the end of the chapter . thus again amplified by him in his speech to his princes , to his captains of thousands , of hundreds , officers , and other mighty men , 1 chron : 28.4 . to 10. the lord god of israel chose me before all the house of my father to be king over israel for ever ; and he hath chosen iudah to be ruler , of the house of j●dah the house of my father ; and among the sons of my father he liked me , to make me king over all israel ; and of all my sons he hath chosen solomon my son to sit upon the throne of the kingdom of the lord over israel . and he said unto me , i will be his father ; moreover i will establish his kingdom for ever , if he be constant to doe my commandements and my judgements , as at this day . now therefore in the sight of all israel , the congregation of the lord , and in the audience of our god , keep and seek for all the commandements of the lord your god , that you may possess this good land ; and leave it for an inheritance for your children after you for ever . an hereditarie kingdom being the chiefest means and blessing under god to preserve the inheritances not only of the princes , nobles and mightie men , but even of colonels , captaines , and souldiers themselves , in gods and davids computation ; who lost all they had , by * ●orsaking their lawful hereditarie kings , and were carried into captivitie . 6ly , the accomplishment of this promise to david , & his seed , was reputed an extraordinarie blessing to the israelites , not only by king david , solomon , god himself , the people o● jerusalem and the whole land , as you may read in the 1 of kings 1.36 , 37 , 38 , 39 , 40 , 45 , 46 , 47 , 48. c. 2.4.12 . c. 3.6 , to 15. c. 8.20 , 25 , 26 , 27. worthy perusal : but even by foreign kings and queens : witness that memorable letter of hiram king of tyre to solomon , 2 chron. 2.11 , 12. because the lord hath loved his people , he hath made thee king over them . bl●ss●d be the lord god of israel that hath made heaven and earth , who hath given to david the king a wise son , endued with prudence and understanding , that might build an house for the lord , and an house for his kingdom . and that speech of the queen of sheba to him , 1 king● 10.9 . 2 chron : 9.8 . blessed be the lord thy god which delighteth in thee to set thee on his throne to be king for the lord thy god : because the lord thy god loved israel to establish them for ever , therefore made he thee king over them to do iustice and iudgement . and the lord magnified solomon exceedingly in the sight of all israel , and bestowed su●h royal majestie , honor , and such riches on him and his people too , as had not been bestowed on anie king or people before him , 1 chron : 29.25 , 28 , 30. 2 chron : 1.9 . to the end . chap. 9.9 . to 30. neh. 13.26 . 7ly , god himself records by king solomon , prov. 20.8.26 . a king that sateth in the throne of judgment scattereth away all evil with his eyes , and bringeth the wheel over the wicked , prov : 29.4.14 . the king by judgement stablisheh the land ; yea the king that faithfully judgeth the land , his throne shall be established for ever : and he resolve definitively against all opponents , eccles . 10.17 . blessed art thou o land , when thy king is the son of nobles . 8ly , god himself doth specially promise the succession and continuance of hereditarie kings and princes as a blessing , reward to his people for their obedience to his commandements , and chief means of their perpetual continuance in honour , peace and prosperity , jer. 17.24 , 25 , 26. &c. 22.4 . and it shall come to passe , if ye diligently hearken unto me saith the lord , to hallow the sabbath day , and do no work thereon , then shall there enter into the gates of this city , ( mark it ) kings and princes sitting upon the throne of david , riding in chariots , on horses , they and their princes the men of iudah , and the inhabitants of jerusalem , and this city shall remain and flourish for ever . 9ly . it is very remarkable , that though divers of the hereditarie kings of davids posterity were verie wicked and idolatrous , yet god himself ( though * king of kings , who setteth up kings , and pulleth them down , and disposeth of the kingdoms of the earth to whom soever he pleaseth ) by reason of his oath and covenant made to david , would neither remove , nor disinherit them , though he did very sorely afflict and punish them for their iniquities , ps . 89 , 3 , 4 , 20. to 38 2 sam. 7.11 . to 18. 1 king. 11 , 12 , 13 , 39. of this we have a memorable scripture-presidents 1 king. 15. 3 , 4 , 5. abijam king of iudah walked in all the sins of his father , which he had done before him , and his heart was not perfect before the lord his god , as the heart of david his father . neverthelesse for davids sake did the lord give him a lamp in jerusalem , to set up his son after him , and to establish ierusalem ; because david did that which was right in the sight of the lord , so 2 chron. 21.5 , 6 , 7. jehoram reigned 8 years in jerusalem , and he walked in the way of the kings of israel , like as did the house of ahab , for he had taken the daughter of ahab to wife , and he wrought that which was evil in the sight of the lord. howbeit the lord would not destroy the house of david , because of the covenant he had made with david , and as he * promised to give a light to him and to his sons for ever which texts compared with psal . 132.1 , 12 , 13 , 14. infablibly ratifie these thtee conclusions . 1. that as gods covenant and oath made to david , and his royal posteritie , did not determine by davids death , but extended to all his posterity after him ; so our oaths of fealty , supremacy , allegiance , and solemn league and covenant , made to the late king , his heirs & successors in precise terms , determined not by his death , but remain to his royal posterity , and are perpetually to be performed to them , under pain of highest perjury , guilt , punishment , as is most apparent if compared with gen. 50.25 . exod. 13.19 . josh . 24.32 . josh . 9.15 , 18 , 19 , 20 , 21. 1 sam. 20.16 , 17 , 23 , 42. c. 24.21 , 22 2 sam. 9.1 , 3 , &c. c. 21.1 . to 10. 2ly . that the sinnes and wickednesses of davids posteritie , did not cause god himself to break his oath and covenant with them , or judicially to deprive or disinherit them of their crowns and kingdom , contrary to his oath and covenant , which he held inviolable and immutable , ps . 89.3 , 4.34 psal . 132 11 , 12. heb. 6.17 , 18. much lesse then may we or any other subjects , who are but men infringe our oaths , covenants to our sacred hereditarie kings and their posteritie for their sinnes or wickednesse , nor disinherit thē of their crowns , scepters , lives , realm , ps . 15.4 . ec. 8 2. 3ly . that a hereditarie succession of kings in the royal line , though many of them be wicked , is yet a special means ordained by god for the establishment , peace , perpetuity of their kingdoms and people : which else would be unsetled , distracted , consumed , destroyed by civil wars , distractions , and usurpers of the crown , destroying , murdering one another , as the kindom of israel was after the revolt of the ten tribes from the house of david , whose * hereditarie kingdom continued at least 134 years after the total destruction & captivity of the kingdom of israel : whose revolt from the house of david produced nought else but a succession of very wicked , idolatrous kings and usurpers , endlesse wars , miseries , publick idolatry , apostacie from god , all sorts of sins , rapines , and perpetual captivity , as the books of kings and chronicles resolve , especially 2 kings . ch . 17. in which revolt and rebellion , it is observable , that all the priests and levites , and all the godly men throughout the revolting tribes of israel , who set their hearts to seek the lord god of israel , left their possessions and went to ierusalem , and strengthened the kingdom of rheboboam the son of solomon against the vsurper jeroboam , as the scripture records for their honour , 2 chron. 11.13 , 14 , 15 , 16. 10ly . upon this verie reason god himself records , that when * athaliah had slain all the seed royal but ioash , and usurped the royal throne for six years space , ioash being but an infant , iehojadah the high priest hid him from this usurper till he was seven years old , and then entring into a covenant with the captains of hundreds , rulers , and levites , they all assembled at ierusalem , & entred into an oath and covenant , that the kings son should reign as the lord hath said of the house of david . upon which they presently brought out the kings son , crowned , and anointed him their king , and said , god save the king. which athaliah the vsurper hearing , run out to the people , and cryed , treason , treason ; upon which iehojadah the priest commanded the captains of the host presently to seize upon her , and cary her out of the temple , and slay all that should follow her ; whereupon they laid hands on her , and carried her forth and slew her : after which iehojadah made a covenant between the king and the people , that they should be the lords people ; and all the captains , governors , nobles , and people of the land brought down the kings son from the house of the lord to the kings house , and set the king upon the throne of the kingdom . and all the people of the land rejoyced , and the city was quiet , after that they had slain athaliah with the sword , 2 kings , 11.4 &c. 2 chron. 23. this ‖ ioash being afterwards slain by the conspiracy of his servants against him , amaziah his son , reigned in his stead by hereditarie succession , who when he was established in the kingdō slew his servants that had slain the king his father , but not their children , according to the law of moses . after this * ammon the son of manasses succeeding his father , worshipping his idols , following his sinnes , and trespassing more and more without humbling himself ; his servants conspired against him , and slew him in his own house . but the people of the land slew all that had conspired against king ammon , and made josiah his son king in his stead , ( not disinherited him for his fathers and grand-fathers crying sinner , ) as the only means ordained by god for their safety , peace and settlement . which sacred presidents of gods own registring , and his peculiar peoples making in obedience to his commands , for our imitation in like cases , are a more real , sacred means to our present peace , safety , establishment , than any the army-saints , sectaries , iesuites , and westminster conclave can prescribe , and the parliament , statute of 27 eliz. c. 1. have declared , enact●diit to be legal , as well as scriptural . 11ly . when god himself promised restitution from captivity , and resettlement , re-establishment to his people , he doth it by promising the restitution of their lawfull hereditary king and kingdom to them , and the re-uniting of their kingdoms ( formerly divided by rebellion against , and revolt from the house of david and hereditary royal line into one , mich. 213. c. 4.8 . their king shall pass before them , and the lord on the head of them ) even the first dominion , the kingdom shall come to the daughter of jerusalem . zech. 9.9 . &c. rejoyce greatly oh daughter of zion , behold thy king cometh unto thee : be is just and having salvation , &c. and his dominion shall be from sea to sea , and to the end of the earth , isaiah 32.1 , 2. beho●d a king shall reign in righteousnesse , and princes shall rule in judgement ; and he shall be as a hiding place from the wind , and a covert from the tempest , as rivers of water in a dry place , as the shadow of a great rock in a weary land , ezech. 37.22 , 24. and i will make them one nation in the land , upon the mountain of israel , and one king shall be king to them all , and they shall be no more two nations , neither thall they be divided into two kingdoms any more . and david my servant shall be king over them , they shall all have one shepheard over them : they shall also walk in my judgements , and keep my statutes , and do them . and they shall dwell in the land that i have given to iacob my servant , even they and their children , and their childrens children for ever , and my servant david shall be their prince for ever . which is likewise repeated and amplyfied ezech. 39.23 , 24 zeph. 3.13 , 14. jer. 23.4 , 5 c. 33.14 , 15 , 16. which texts , though mistically meant of our king and saviour jesus christ , hereditary son of david , according to the flesh , sitting upon his fathers throne , and ruling for ever over his mystical kingdom and church , as is evident by comparing them with isay 9.6 , 7 , 18. dan. 7.27 . lu. 1.32 , 33. yet since king david , solomon , and other pious kings of israel , , and their hereditary kingdom , were types of our spiritual king iesus , and of his everlasting , spiritual kingdom , and christ jesus under the very title , name , notion of an hereditary king alone ( not of an optimacy , oligarchy , popularity , democracy , or elective king ) is thus prophesied to be a saviour , redeemer , restorer , establisher , preserver , defender of his captivated , oppressed , inthralled , dissipated , divided , unreformed subjects , kingdom , church , people ; and his perpetual presence with and reign over them , is made the only ground of the restauration , unity , felicity , prosperity , safety , perpetuity of his kingdom and people , as david , solomon , and other good kings of israel were to their subjects during their successiive reigns : and seeing christs mistical church and saints , are alwaies thus stiled his kingdom , a kingdom , but never a free-state , or common wealth , at least but once , eph. 2.12 . the only text throughout the whole bible , where this word is mentioned in any kind , and that not in opposition , or contradistinction to a kingdom , but as the very same thing with it , ( as our kingdom in g some statutes is stiled a common wealth ) as being the h excellentest , honourablest , durablest , freest , happiest , of all other forms of republick , under which general name it is comprised . it thence infallibly follows , that an hereditary kingship , kingdome , is the best , happiest , durablest , securest , honourablest , desireablest of all other governments whatsoever , being the verie government of jesus christ himself , who according to the flesh was born king of the iews and sits upon the throne of david his father , mat. 2.2 . lu. 1.32 , 33. and was not chosen king by his saints , like an elective king ; but elected them to be his subjects ; as he expreslie resolves , iohn 15.16 . 1 pet. 1 , 2.9 . rev. 17.14 . and that the restitution of this our antient kingly government , ( not of a new jesuitical , spanish ; outlandish republick ) is the true and only way to our restauration , redemption , peace , settlement , safetie and future prosperity ; as the parliament and most excellent preamble of the statute of 25 h. 8. c. 22 , ( worthy perusal ) resolves . wherin after many long intestine civil wars for the title , succession of the crown , and soveraigntie of our realm , the nobles and commons assembled in parliament , calling to mind , that the unity , peace , and wealth of this realm , and the succession ( and inheritance ) of the subjects in the same , most specially and principally above all worldly things , ( let our republicans , and westminster juncto observe it well ) consisteth and resteth in the certainty and surety of the procreation and posterity of the kings highness , in whose most royal person at this present time is no manner of doubt nor question , ( as the statutes of 1 jac. c. 1 , 2. resolve , there was none at all in king iames or king charles ) did thereupon by this special act , and a strict oath , declare aad establish the surety , title or succession of the crown of england in him and his heirs for ever , upon which dependeth all our joy and wealth , as they more at large expresse . 13ly . god himself in direct terms declares , that it is a matter and badge of honour and prosperity for any nation to be advanced from a commonwealth or principality into a kingdom , ezech. 15.13 , 14. thou didst prosper into a kingdom . and thy renown went forth among the heathen for thy beauty , for it was perfect through my comelynesse , which i put upon thee saith the lord : which compared with rom. 13.1 . let every soul be subject to the higher powers , for there is no power but of god , the powers that are ordained of god , col. 1.16 . for by him are all things created that are in heaven , and that are in earth , visible or invisible , whether they be thrones or dominions , or principalities , all were created by him , and for him tit. 3.1 . put them in mind to be subject to principalityes and powers , to obey magistrates , 1 pet. 2.13 , 17. submit your selves to every ordinance of man , for the lords sake , whether to the king as supream : fear god , honour the king ; are infallible demonstrations , that as kingdomes and kings are of divine institution and planting , so they are reputed , instituted by god and jesus christ , as the most prosperous , happyest , divinest , honourablest , supreamest of all other forms of government and governors whatsoever , created by and for iesus christ , and have been the very governments and governors alone , in and by which he hath precisely promised , declared , that he will most advance his own spiritual kingdom , church and glory , ( as is undenyable by * psal 68.32 . psal . 102· 22. 2 kings 19.19 . isay . 37.20 . rev. 11.15 . psal . 2.10 , 11. psal . 68.29 . psal . 72.10 11. psal . 102.15 . psal . 138.4 . ps . 144 10. ps . 148.11 . ps . 149.8 . isay 49.7 , 13. c. 52.15 . c. 60 3 , 10 , 11 , 16. c. 62.2 . rev. 21.24 . ) the expresse lively images of christs own spi-spiritual kingdom , kingship , on whose throne alone they sit , as his vicegerents , 2 chron. 9.8 . col. 1.16 and therefore are stiled kings , kingdoms , not optimacies , or republicks ) yea not only kings but gods , and gods anointed , as well as christ himself , exod. 22.8 . iosh . 22 22. ps . 82.1 , 6. iohn 10.34 . 1 cor. 8.5 . 2 sam. 12.3 , 5. c. 22 52. psal . 20.6 . isay 45.1 . lam. 4.20 . 1 sam. 16.6 . c. 24.6 , 10. c. 26.9 , 11 , 16 , 23 2 sam. 19.21 . 14ly . god himself in sundry scriptures positively declares , and denounceth the plucking up or rooting out of a kingdom , and making it no kingdom , or a base or viler kingdom than it was before ; and the leaving of an antient kingdom without a king , or hereditary successor or heir to sway the scepter , to be a most severe , sad , grievous iudgement and punishment on them for their crying , hainous offences and sinnes against him ; yea an immediate concomitant or forerunner of their utter desoiation , & a matter of present and future lamentation , not of mercy , blessing , or cause of rejoycing , as our seduced bedlam-republicans , army-saints , and pseudo-politicians repute it , as all these texts infallibly resolve , judg. 17.6 , &c. c. 18.1 . &c. c. 17.1 . &c. c. 21. 25. hos . 3.4 . c. 10.3.7.15 . ( a notable scripture ) is . 9.2 , 11 , 12. c. 7.16 . amos 1.8.10.13 , 14 , 15. c. 2.2.5 . &c. mich. 4.9.10 . jer. 17.25.27 . c. 22.5 . to 30. c. 25.8 . to 38. ezech. 19.14 , 15. ( a signal text ) c. 17.12 , 13 , 14. c. 29.14 , 15. lam. 1.6 . c. 2.6.9 . c. 4.20 . c. 5.16 . hab. 1.10.14 , 15. nah. 3.17 , 18 , 19. hag. 2.22 . ezech. 21.26 , 27. against which scriptures ( worthie your particular perusal ) no one text can be produced , to prove it a blessing , benefit , honor to any kingdom or nation whatsoever . 15ly as for your new magnified common-wealth and aristocracie , preferred by you before our kings and monarchie , 1. consider that of prov. 28.2 . for the transgression of a land many are the princes ( or governors ) thereof but by a man of understanding and knowledge the state thereof shall be prolonged : and compare it with hosea 10.3 . for now they shall say , we have no king because we feared not the lord what then should a king do to us : lam : 5.16.8 . the crown of our head ( to wit , our king , c. 4.20 . ) is fallen : wo unto us that we have sinned : servants have ruled over us , there is none that delivereth us out of their hand . and then you must needs confess ; that your subversion of our kingly government by one single person , to set up a polarchie and new republike under many ‖ servants & governors , is in gods own , his churches , peoples account , an heavie judgement , vassallage , bondage on them for their transgressions , sinnes , and a matter of great lamentation , woe , ezech. 19.12 , 13 , 14. not a blessing , ease , libertie , means of their happiness or establishment . 2. consider , that you cannot derive the pattern of your new commonwealth from the scripture , gospel , church , or presidents of god and jesus christ ; but only from the a old heathen , bloudie romans , after their regifugium ; who were alwaies altering their government from one new form to another , continuing not long in anie one condition , till setled in an emperor , and empire ; and at last in a regal roman pontiff ; in which state it hath continued almost 1700. years ; and the new jesuitical models of parsons , campanella , richeliev , mazarine , spain , france , recommended to you from antichristian rome to work our ruine ; or at leastwise from the old seditious graecians and athenians ; who are thus branded in historians , (b) omnino ad commutandos reipublicae status erant versatiles , et omnium propensissimi ad vicissitudines ; ( as you and the army-officers now are ) which proved their utter ruine ; and caused endless wars and tumults between themselves , till they were subdued , enslaved by the macedonians , persians , romans , and other foreign kings ; as you may read at leisure in thucidides , diodorus siculus , xenophon , plutarch , arrianus justin , bp. vshers , annales-veteris testamenti ; whence heniochus an antient greek comaedian , compares aristocracie , and popularitie unto two scolding women , who coming amongst the grecians , put all things into tumult and disorder , making them bedlam mad against each other to their utter desolation . c tum geminae ad illas accesserunt mulieres quae cuncta conturbarunt : optimatitas est nomen alteri : alteri popularitas quarum incitatu pridem externatae furunt . and have they not produced the self-same madness , furie , and sad effects among the armie , yea and our 3. kingdoms ? how then can you , or anie wise men , but only tom of bedlams , be anie longer in love with either of them , and preferr them before kings and kingship : when as your selves , as well as other members , declared , resolved in two d declaratoins of 12 april 1646. of 17 decemb. and in the votes of novemb : 9. & 23. 1647. that the agreement of the people for a representative and republike ( without a king and house of lords ) are not only seditious , but destructive to the very being of parliaments , and the fundamental government of the kingdom , by king lords and commons . and is this then the way to peace or settlement ? e if the foundations be destroyed , what can the righteous doe to save or settle us ? o therefore let not that brand of the holy ghosts owne imposing rest●anie longer on you , ps . 82.5 . they know not , neither will they understand ; all the foundations of the earth are out of course : and although you say , think you are gods , and are all the children of the most high in this pursute , yet you shal die like men , and fall like one of the princes : yea be buried in your own and your republikes ruines again , with greater infamie , shame , loss , than you were on april 20. 1653. when you were shamefully turned out of house and power together by those who now recall you , and yet will not take warning . mr. prynne is in good hopes , that all these undenyable , unanswerable scriptural considerations will fully convince and convert our republican conventicle , ( and army-officers too ) from their jesuitical destructive modle of a common-wealth , unto the love and restitution of our antient hereditary kings , kingship , as the only divine , saint-like , gospel , safe , probable way to our future lasting peace and settlement , which he intended to have propounded to them . finally , if you are resolved , notwithstanding the premises , to act as a parliament without your secluded fellow members , king , or house of lords , then follow the presidents of all your protestant predecessors in these particulars . 1. take into your saddest considerations the great increase , disguises of dangerous jesuits and other romish vipers now amongst us , which a. b. a jesuite in his mutatus polemo : or , the horrible stratagems of the jesuits lately practised in england , during the civil wars , and now discovered by him , a reclaimed romanist , imployed before as a workman of the mission from his holiness ; dedicated by him to your own president bradshaw ; published by special command of your new republike ( london printed for rob. white 1650. ) thus relates to your selves and the world , p. 3 , 4. that he could bring in to your counsel-table a horrible long catalogue of more perniciously damnable actors of jesuitical devils in mens shapes , yea in ministers too , crept in ( from forein seminaries ) to undermine our church and state , then was in the yeer 1605. in that infernal powder-plot : that there was one regiment , or more of them , under sir john kempsfield , a commander of the horse in the late kings armie : who discerning the kings inclination to close with the scots and presbyt●rians , and expecting no advantage to their cause by siding with him , held their private conventicles and councels at oxford , wherein they resolved to desert , and draw off all their own and all his other forces from him , and close with the prevailing parliament partie , which they accordingly effected : ‖ that upon the kings departing to the scots armie , and surrender of oxford , the jesuits , priests and popish partie under him , not only changed the habits of their minds , but bodies also : turning from upside cavaliers and high royalists , and god-dammees , holie converts and parliamenteers : nothing but the holy covenant being heard in their mouthes . for our bodies , proteus is lesse than a fiction to us . he that ere while was a commander in a ranting equipage , is now slinking into a coblers stall , or weavers loom , or tapsters apron , or coachmans box , or beggars weed , or horsemans frock , or serving-mans liverie , or tailors shop , or pulpit-thumping presbyters gippo , into what not . it is not unknown what trade we drive beyond sea , when no trade comes amisse to us . to make this good , our governors the states of this commonwealth ( if they will deign to hear me now their true servant ) shall bee e●tsoon able to call out manie a sheep-clothed-wolf from their stations , stalls , looms , aprons , weeds , liveries , shops , yea and bust coats ; what say you to pulpi●s too ? let not engl. ( now like a bird ( ah me ! ) pursued by several fierce flying falcons , and too too near the intended hard gripes of their cruely sharp tallons ) either out of a dull or drowsie sottishness , or a phantastical humour of contradiction , suppose i ●peak what i know not : if i should tell them i can , and ( now being about to do it ) will ( but privately before authoritie ) produce a catalogue of catholicks , ( fathers ▪ so we will be called ) of several orders ▪ and others that are natives , gone into remote counties , who duly go to church too , and of an incredible number now living in this commonwealth under several notions , whcih i my self can point at with a drie singer . i tell thee in general , there is scarce a town or citie , but in few miles of it i can furnish the reader ( to thy amazement be it spoken ) with some who have lived in england 1 , 2 , 3 , 4 , 5 , 6 , 10 , 20 , 40 , 50 years ( i. b. of ne. in es . ) unknown , unsuspected , but taken for clean contrarie ; let them avoid me if they can : they are his own words , page 26. to 37. he shews how mons . mintril ( the french agent ) trepand the poor cavaliers of the kings partie , in transporting them out of scotland into france ; how they were there butchered by the french : such is their love to the royal party of england : what endeavours were used by card : mazarine , father d. and le m. to seduce and corrupt prince charls in his religion both before and after his fathers death ; and what promises were made both by the french and spaniard , that all catholick princes should be invited and consulted with for an unanimous invasion of england , if he would turn catholick . page 32 , 33. hee hath this memorable passage : during these sollicitations , news comes aloft upon the wings of the wind , that the people and state of england had summoned his father to an high court of judicature , to bring him to a trial for all the innocent bloud he had spilt , and the hideous devastations he had caused . this was no little good news to the cardinalitical party , ( i mean the iesuitical , ) ( this jesuit himself being then at the french and princes court in paris ) for in my next i shall satisfie thee , concerning their cunning workings ; how even those who pretend so much charitie to the son , ‖ did seek by all machinations to expedite and accelerate this high piece of iustice upon the father : and now , say his tutors to him , if they proceed to death with your father , it will prove the better for you ; for it shall utterly alien the hearts & affections of the people from them , and you shall finde them to be more eagerlie violent for your reinvestment , not considering the change of your religion , which by anie means shall not be known , but to your good catholick subjects of england , till such time as you have vested power enough into your own hands to protect it , and your self in it . but indeed the lad had somewhat of his fathers astutiousnesse in him ; and presently asked the cardinal the same question as his father once did the king of spaine , when he was almost easilie intreated to have turned to the faith catholick : how shall i ( said he ) ever expect to be king of england , if once the english should understand i have turned catholick ? to which they easilie gave a sati●factorie resolution , telling him ; that ( as the case now stood ) he must never look to be admitted , but by fire and sword : the main force of armes must make way for him , neither could he in the least atchieve that , or put it in execution without the ayde of catholike princes , which they will never be brought to act in without a firm assurance of your real and faithfull conuersion . what impressions the news of his fathers decollatiō made upon him ; what use the cardinal and jesuits made of it , to induce him and others to poperie ; and what endeavors were used by the jesuits to make up a peace between the spanish and french to invade england , and make it their prey if he would turn papist , under pretext of restoring him to his crown , you may read in this jesuit , p. 33 , 34 , 35 , 36. and in militiere his victorie of truth , dedicated to king charles after his fathers death , to pervert him in his religion , as the only means of his restitution . these passages of this jesuit , ( who stiles himself , p. 39. the faithful servant of the common-wealth of england . ● dedicated to president bradshaw himself , and printed by his special command , and our republican governours now sitting , ann. 1650. ( when mr. prynne was committed close prisoner by them without hearing , or accusation ) will justifie the truth of all his ‖ former discoveries ; that your beheading the king , and degrading our kingdom into a new free-state , was the verie french cardinals , spaniards , popes , and jesuits plot , to ruin both our protestant kings , kingdom , church religion , even by your own confessions , and that it gave unto them strong arguments , to perswade the kings posteritie and partie for ever to abominate our religion , as manie of them have done upon this very account , though the king himself , and his brothers yet continue constant ( through gods mercie ) against all provocations ; to their eternal honour , but your perpetual infamie , who have put them upon such direfull temptations . 2. before you engage in any other business , peruse all former acts and ‖ petitions of our protestant parliaments since 1 eliz. to this present against jesuits , seminarie priests , papists , poperie ; the manifold mischiefs , dangers accrewing by their increase , toleration , and s●spe●sion of our lawes against them ; the causes of their growth amongst us , and remedies to prevent the same : then put them all ( with the oath of abjuration , and 5. bills against them , assented to by the late king in the last treatie ) into immediate , impartial vigorous execution . 3. imploy faithfull , knowing , stout , active persons , with sufficient power , and encouragements to discover , detect , apprehend them , under what ever disguise and shelter they now secure themselves : especially take diligent care to ferret these romish vermin and troublers of our israel out of all your armies , garrisons , camps , and all sectarian separate congregations , the boroughs wherein now they lurk securely , by putting them all to the test of the oaths of abjuration supremacie and allegiance . 4. permit no seminarie priests , friers , romish emissaries of any nation , but especially no jesuits of ‖ any their 4. ranks to remain in our realms , or dominions : it being impossible to enjoy any peace , settlement in church or state , or to expect anie dutifull obedience , quiet in or from the armie , whiles these ‖ firebrands of sedition , treason , remain within our coasts : upon which account they have been by sundrie proclamations of queen elizabeth , king james and king charles , not only banished out of england , scotland , ireland , and all their dominions ; but likewise out of france , germanie , poland , bohemia , austria , m●ravia , transilvania , hungarie , venice , and other popish kingdomes , states , as well as out of the netherlands , denmark , sweden , and protestants territories : as the authors of all their wars , troubles , tumults , insurrections , rebellions , treasons , regicides , and the publike p●sts of church and state. 5. put no arms into anabaptists or quakers hands , ( formerly ‖ decrying them , as unlawful ) lest london become another munster , and england another germanie , in few moneths space . 6. since christ jesus , who is truth it self , hath laid down these 3. gospel-maxims of infallible veritie : mat : 7.15 . to 21. lu. 6.43 . &c. that ravencus wolves in sheeeps clothing , as well as trees , are and shall be known by their fruits . john 8.44 . you are of your father the devil , for his works ye doe . rom. 6.16 . that to whom ye yield your selves servants to obey , his servants ye are to whom ye obey . if all the premises infallibly convince your consciences , judgements , as they will and must do , that all the forementioned fruits you have produced since december 4. 1648. are the proper fruits of jesuits and romish wolves in sheeps clothing ; yea the very worst , sowrest of all their fruits and powder treasons : that the workes you have done in murdring our protestant king , destroying our parliaments , kingdoms , government , laws , secluding your fellow-m●mbers and lords house by force , erecting your new republike , and parliamentarie conventicle , &c. are the works of the jesuites and devil ; that you have yielded up your selves as obedient servants unto them in everie of these , against your own former oaths , protestations , vows , covenants , declarations , commissions , principles , professions , judgments , rightly informed consciences : the votes , obsecrations , disswasions of your fellow members , and most indeared protestant friends , ministers , relations : the indentures , desires of those counties , burroughs you represent : and that the very principles , by which you have acted since dec. 1648 and now again , a●e the very jesuits principles ; as you may read at leisure in johannis mariana , de rege & regum institutione , l. 1. c. 6. creswels philopater , franciscus verona constantini , apologia pro johanne castellio et jesuitis ; jesuitae reinaldi liber , de iusta reipublicae christianae in reges impios et haereticos authoritate , &c. published under the name of william rosse , in ludovicus lucius historia jesuitica , l. 2. c. 3. hospinian hist . jesuitica , l. 3. & 4. & speculum jesuiticum , printed 1644. wherein you may truly view your jesuitical physiognomies , heads , perrewigs , instead of your old genuine protestant complexions , brains , notions , hair . and if the present fresh address●s , petitions of anabaptists , quakers , sectaries , from southwark , warminster , hertfordshire , kent , and other places to the army-officers , and your selves , with their late listings in the army , affronts to ministers in their churches , ejection of some of them to intrude themselves , alreadie budding forth , sufficiently discover whose servants you are , and whose drudgerie you must execute . o then immediately abjure , rescinde , and null them all with highest indignation , and persist no longer in any such destructive waies , counsels , projects , under any pretext , consideration , interest or perswasions whatsoever : but rather remember mr. oliver saint-johns words ( now sitting amongst you ) in his argument at law against the earl of strafford ( printed by the commons house special order ) p. 64. in this i shall not labour to prove ; that the endeavouring by words , counsels and actions , to subvert the fundamental lawes and government of the kingdom is treason by the common law : if there be any common law treasons left , nothing treason if this he not , to make a kingdom no kingdom : and then consider sir edward cooks memorable observation ( published by the commons order ) 3 instit . c. 2. p. 35 , 36. it appeareth in the holy scripture , that traytors never prospered , what good soever they pretended , but were most severely and exemplarily punished ( in conclusion : ) which he proves by the examples of corah , dathan , and abiram , num. 16.31 , 32. c. 27.3 . athaliah , 2 kings 1.1.16 . bigthan and teresh , esth . 2.21.23 . c. 6.2 . absolom , 2 sam. 18.9.14 . abiathar , 1 king. 2.26 , 27. shimei , 2 sam. 6.5 , 6. 1 kings 2.8.46 . zimri 1 kings 16 , 9.18 . theudas , acts 5.36 , 37. and judas iscariot , the traytor of traytors , acts 1.18 . mat. 27.5 . peruse over all our books , records , histories , and you shall finde a principle in law , a rule in reason , and a trial in experience , that treason doth ever produce fatal and final destruction to the offender , and never attaineth to the desired end ( two incidents inseparable thereunto . ) and therefore let all men abandon it as the most poisonous bait of the devil of hell , and follow the precept in holy scripture : ‖ fear god , honor the king , and have no company with the seditious felix quem faciunt aliena pericula cautum . so he . now because m.p. finds some grandees of his own profession sitting in the house to countenance and make up this vnparliamentary juncto , he shall desire them in the first place seriously to consider , how much they have formerly and now again dishonoured themselves , and the whole profession of the law , in sitting in , complying with acting under , such illegal anti-parliamentary conventicles , powers , changes , changers ; yea crying them up for legal english parliaments , powers , obeying , executing all their illegal new knacks , orders , ordinances , as acts of parliament in civil , criminal , real or personal causes , against all records , law-books , presidents of former ages , their own judgments , oaths , science , consciences , to the intollerable scandal of their robe , the injurie , abuse of the whole nation , the prejudice of all their lawfull superiours and the publick , the encouragement of usurping traytors , tyrants , oppressors , in their waies of wickedness , the ill example of most others , and their own just reproach . 2ly . to observe , how god in his retaliating justice , hath recompensed this their wilfull prevarication upon their own heads , by turning many of them out of their respective places of judicature , honor , profit , ( the ground of this their sinfull complyance ) with infamy , dishonour , reproach , even by the very persons with whom they unworthily complyed , and those especially in present power , who had neither been an house of commons , much lesse a mock parliament , without their presence and complyance . 3ly . that the base unworthy , unchristian complyance of the lawyers and clergy of england , with our late trayterous innovators , usurpers , out of base fear , sordid covetousnesse , ambition , self-saving , or self-seeking , to the prejudice , ruine of king , kingdom , parliament , lords , law , hath brought an universal odium upon them , with those with whom they most complyed , as well as others , the army officers and present juncto , under a pretext of reforma●ion , designing both their ruines through the jesuites politicks , who now bear greatest sway , having turned many of them with scorn and contempt out of their former places of judicature , beyond their expectations , and reviled both their persons and professions , to their faces , as a generation of sordid temporizers , and useless , faithless persons , not fit to be entrusted any more , but discarded out of their new lawlesse republick , which hates both law and gospel , as warranted by neither , and repugnant unto both . 4ly . that the only way now to regain their lost honour , and preserve both our laws , liberties , religion , establish future peace , settlement , and prevent impendent ruine , is , to endeavour to restore our antient , hereditary , just , legal kingship , kings , governors , government , with all their necessary invaded prerogatives , lands , revenues , rights , jurisdictions , and inviolably to preserve them with their lives and estates against all conspiracies of popes , jesuits , and foreign enemies to subvert , and undermine them in any kind ; as the several memorable parliaments and statutes of 29 h. 6. c. 1. 31 h. 6. c. 1. 39 h. 6. c. 1. 25 h. 8. c. 22. 2 e. 6. c. 26. 7 e. 6. c. 12. 1 eliz. c. 3.4.20 . 5 eliz. c. 1.29.30 . 13 eliz. c. 1.2 . 23 , 24 18 eliz. c. 21.22 , 23 eliz. c. 1.13.14 . 27 eliz. c. 1 , 2.28.21 . 29 eliz. c. 7 , 8. 31 eliz. c. 14 , 15. 35 eliz. c. 2.12 , 13. 39 eliz. c. 26 , 27. 43 eliz c. 17 , 18. 1 jac. c. 1. 3 jac. c. 1 , 2 , 4 , 5 , 25 , 26. 7 jac. 6 , 22 , 23. 21 jac. c. 32 , 33. & 3 car. c. 5 , 6. in their respective preambles and bodies ( worthy our most serious review in the statutes at large ) resolve , being more to be credited , pursued , than all the rash jesuitical suggestions , votes , and inconsiderable resolutions of any unparliamentarie conventicle , or upstart pseudo-polititians , advancing themselves to the helm of our new republick , by colour of the statute of 17 car. 7. which bill by the commons house resolution in their ‖ remonstrances of 15 dec. 1641. seems to be some restraint of the regal power in dissolving of parliaments , not to take it out of the crown , but to suspend the execution of it for the time and occasion only , which was so necessary for the kings own security , and the publick peace , that without it they could not have undertaken any of those great things , but must have left both the armies to disorder and confusion , and the whole kingdome to blood and rapine , therefore the parliament must needs determine by the kings death , as he hath infalliby evidenced beyond contradiction . in the last place , mr. prynne shall most importunately beseech all the antient nobility , secluded members , well-affected gentry clergy , commonalty of the english nation ( which had never so many effeminate , false heads , and hearts as now , many a jesuite , priest , monk , lurking under the disguise of womanish perewigges brought into fashion by them ) as they now tender their own private , or the publick safety , weal , settlement , and preservation of our endangered church , religion , kingdom , parliament , laws , privileges , properties , and prevention of their impendent ruine . first of all seriously to consider , lament , cast off , reform , their own late , present , monstrous sottish stupidity , sleepinesse , b self saving , self-seeking spirits , and most unworthy , un-manly , un english , unchristian pusillanimity , cowardize , c fear of a few contemptible mercinary mortal men , who shall shortly dye , and become as dung upon the earth ; and their grosse breach of all publick oaths , protestations , leagues , covenants , in not opposing , resisting them manfully in their several places and callings ; which hath been the principal cause of all the publick changes , innovatons , oppressions , grievances , exorbitances , insolencies , they have hitherto suffered by their own armed hirelings , and are the d saddest symptomes of our approaching imminent desolation : if not speedily repented , redressed , redressed , ere it be over late . 2ly . to pursue these gospel advises , 1 cor. 16.13 . watch ye , stand fast in the faith , quit ye like men , be strong . gal. 5.1 . phil. 1.27 , 28. stand fast in the liberty , wherewith christ hath made you free , and be not intangled again with the yoke of bondage ; in one spirit , striving together with one mind for the faith of the gospel , ( the fundamental , laws , liberties , government , privileges of the nation ) and in nothing terrified by your adversaries , which will be to them an evident token of perdition , but to you of salvation , and that of god. 3ly . do you all now publickly , resolutely , constantly , unanimously , ( according to the e tenor of the solemn league and covenant ) claim , assert , vindicate , and endeavour to preserve with your lives and fortunes , the reformed religion , worship , doctrine of the churches , the rights and privileges of the parliaments , the laws and liberties of the kingdoms of england and scotland , and the kings majesties person , authority and posterity , in the defence and reformation of the true religion , and liberties of these kingdoms . and with all faith fulnesse endeavour , the discovery of all such as have been , are , or shall be incendiaries , malignants , or evil instruments , by hindring the reformation of religion , dividing the king from his people , or one of the kingdoms from the other , making any factions or parties among the people , contrary to this league and covenant , that they may be brought to publick tryal , and receive condign punishment ; assisting , defending each other in the maintenance and pursuit thereof , without any division , withdrawing , defection , or detestable indifferency , or neutrality whatever . for which end , in a brotherly , friendly , christian , yet stout and resolute manner , demand publickly of the general counsel of army officers , and their westminster conventicle . 1. by what lawfull commission , authority , or warrant from god , our laws , or the generality of the people of england ( whom they have voted the supream authority , and whose servants they pretend themselves ) they have formerly and now again , forcibly secluded the whole house of lords , and majority of the commons house , from sitting in our parliamentary counsels , or the old parliament if yet in being , and made themselves not only a commons house , but absolute parliament without a king or them , contrary to the very letter , scope of the act of 17 car. c. 7. by which they pretend to sit ? 2ly . by what authority they presume to turn our most antient , glorious , famous , honourable , first christian kingdom , into an infant , base , ignoble , contemptible sectarian free-state or commonwealth , and disinherit our hereditary kings and their posterity , against all our laws , statutes , declarations , remonstrances , oaths , vows , protestations , leagues , covenants , customs , prescription time out of minde , liturgies , collects , canons , articles ; homilies , records , writs , writers , and their own manifold obligations to the contrary for their inviolable defence , support , and preservation , only in pursuit of the jesuites , popes , spaniards , and french-cardinals forecited plots ; and who gave you this authority ? the rather because the whole english-nation , and high court of parliament , wherein the whole body of the realm is , and every particular member thereof , either in person or representation , ( by their own free-elections ) are deemed to be present by the laws of the realm , did by an expresse act , 1 jacobi c. 1. ( worthy most serious consideration ) with all possible publick joy and acclamation , from the bottom of their hearts recognize , and acknowledg , ( as being thereunto obliged , both by the laws of god and man ) that the imperial crown of this realm , with all the kingdoms , dominions , and rights belonging to them , immediately after the death of queen elizabeth , did by inherent birth-right , and lawfull and undoubted succession descend & come to king iames , as next and sole heir of the blood-royal of this realm , and therunto ( by this publick act of parliament , to remain to all posterity ) they did humbly and faithfully submit and oblige themselves , their heirs and posterity for ever untill the last drop of their bloods be spent , as the first fruits of this of this high court of parliament , and the whole nations loyalty and faith to his majesty and his royal posterjty for ever : upon the bended knees of their hearts agnizing their most constant faith , obedience , and loyalty to his majesty and his royal posterity for ever . after which the whole english nation , and all parliaments , members of the commons house ever since , and particularly all members of the parliament of 16 caroli , continued by the statute of 17 car. c. 7. pretended to be still in being , did by their respective oaths of allegiance , fealty , homage , and supremacy , ( containing only such duty , as every true and well-affected subject not only by his duty of allegiance , but also by the com-mandement of almighty god , ought to bear to his majesty his heirs and successors , as the parliament , f and statute of 7 iac. c. 6. declares ) joyntly and severally oblige themselves , 'to bear faith and true allegiance not only to his majesty , but his heirs and successors , and him and them to defend to the uttermost of their power against all attempts and conspiracies whatsoever , which shall be made against his or their persons , their crown and dignity , g or any of them , and to maintain all iurisdictions , preheminences , authorityes , justly belonging , united , or annexed to the imperial crown of this realm ; which all members of the long parl. & those now sitting ratified , not only by hundreds of printed declarations , remonstrances , ordinances , but likewise by a religious protestation , vow , and solemn national league and covenant , ( publickly sworn and subscribed with all their hands , in the presence of god himself , and by all the well-affected in these three kingdoms ) but by all our ordinary publick liturgies , collects , directory articles , homilies , prayers before sermons , in all or most of their families , closet-prayers , yea graces before and after meat , wherein they constantly prayed to god , ( according to the h practise of the saints in the old and new testaments , the primitive church of god , and heathen nations , & of the church , parliaments of england themselves , in all ages , ) not only for the health , life , wealth , safety , prosperity , preservation , salvation of our kings and their realms , but likewise of their royal issue and posterity . that there might not want a man of that race to sway the scepter of these realm , so long as the sun and moon shall endure , or to the like effect and if they cannot sufficientlie satisfie your judgements , consciences , in this particular , nor answer the precedent reasons in defence of our hereditary kings & kingship , against their vtopian republick , then take up the peremptory resolution of all the elders , and tribes of israel , when oppressed by samuels sonnes mis government , turning aside after filthy lucre , and perverting judgement , 1 sam 8. and say resolutely to them , we will have no new common-wealth nor vnparliamentary conventicle to rule over , oppresse , ruine us , nay , but we will have a king ( our own lawfull hereditary king ) to reign over us , that we also may be like all other nations , ( yea like our selves and our ancestors in all former ages ) and that our king may judge us and go out before us , and so put a speedy end to all our present & future changes , wars , troubles , fears , dangers , oppressions , taxes ; and restore us to our pristine peace , settlement , unitie , amitie , securitie , prosperitie , felicitie , upon the propositions assented to by his beheaded father in the isle of wight , whose concessions the ho : of commons without division , after 3. daies and one whole nights debate , ( 4 dec. 1648. notwithstanding all the armies menaces ) resolved upon the question , to be a sufficient ground for the house to proceed upon for the settlement of the peace of the kingdom : upon better terms , and greater advantages , than ever they have yet enjoyed , or can possiibly expect from any new free-state , or other new armie government or governours whatsoever . the old parliaments , statutes of 25 h. 8. c. 22. 26 h. 8. c. 3. & 1 eliz. c. 5. ( the most impartial judges in this case ) long since resolving , that it is , and of very right and duty ought to be the natural inclination of all good people , like most faithfull , loving , and obedient subjects , sincerely and willingly to desire and provide for the supportation , maintenance and defence of the person , crown , royal estate and succession of their dread soveraign king , upon and in whom all their worldly ioy and wealth , and the surely of them all , next under god , doth principally depend ; as we have experimentally found by all the miseries , oppressions sustained under our late new forms of governments and governors , whose * little fingers have been heavier than our kings whole loyns ; and the counsels , proceedings , of our young raw statesmen , more pernicious , exorbitant than the old ones under our kings . which should engage all to return to their old kingly government . 4ly . if they will not upon anie terms be serued up to such a degree of christian , or old english resolution , as thus to expostulate with their servants , hirelings , and fellow members , after so manie high and bloudie contestations with their lawfull soveraign in parliaments , and the field , when their laws , lives , liberties , church , religion , kingdom , and all earthly comforts were less endangered than now in their own judgements ; mr. prynne shall then intreat them only to take so much courage , as over-timerous * king jehoshaphat and his cowardly people did , when three confederated forein nations came up to invade and destroy their kingdom ; and to act as they did then . first , let them appoint a publike fast throughout the kingdom , citie , countrie , and use the self-same praier as they used . o our god , wilt thou not judge them ! for we have no might against this great companie , ( no nor that little conventicle , inconsiderable handful of armie-men & sectaries now combined against us ) but our eies are unto thee ; annexing t● it this praier of david , ps . 140. deliver us o lord from the evil man , preserve us from the violent men , which imagin mischief in their heart , continually are they gathered together for war. grant not , o lord , the desire of the wicked ; further not their wicked devices , lest they exalt themselves , let the mischief of their own lips cover them ; let them be cast into deepe pits , that they rise not up again : let not an evil speaker be established in the earth ; let evil hunt the men of violence to their overthrow : then pursue the prophets advice from god unto them . hearken ye all judah , and ye inhabitants of jerusalem , thus saith the lord god , be not afraid nor dismaid , by reason of this great multitude ( much less of this small conventicle ) for the battle is not yours , but gods. to morrow go out against them , ye shall not need to fight in this battle : only set your selves ( in array against them ) and stand still : ( keep your ground , fear not , submir not to their power , usurpations , impositions in any kind ) and the lord will be with you ; whereupon they rose early in the morning , and went out against them with their priests before them , singing praises and psalms of thanksgiving to god. and when they began to sing and praise , the lord set ambushes against the children of ammon moab , and mount-seir , which were come against judah , and they smote one another ; for the children of ammon and moab stood up against them of mount seir , utterly to slay and destroy them ; and when they had made an end of them , every one helped to destroy another . and when judah looked upon the multiude , behold they were dead bodies fallen to the earth , and none escaped . whereupon jehoshaphat and his people gathered up their spoiles for 3. daies space together , they were so great ; and on the 4 th day they blessed the lord , and returned with joy to jerusalem , ( without the losse of anie one mans life , or one stroke struck by them ) because the lord fought against the enemies of israel . imitate but their example herein ; go out only couragiously against these invaders of your countries rights , liberties , privileges , without fear or dispondencie ; own not their incroached parliamentarie power , acts , impositions , edicts , taxes , excises in anie kind ; keep fast your purse-strings , and part with no farther pay to your armie-saints , till they obediently submit to your commands , as their masters , and acknowledge themselves to be your mercinarie servants , not your soveraign new lords , masters : then without any more fighting , bloudshed , danger to your persons or estates , you shall soon behold hold the mungrel multitude of anabaptists , quakers , sectaries , republicans , vanists , cromwellists , jesuits , papists , now combined against you , divided against each other ( as you see they are pretty well ) and every of them will help to destroy one another , as they begin to doe ; and their westminster new-convened vn-parliamentarie conventicle thrust out of doors by themselves again , with greater scorn , infamie , derision , damage to them , than heretofore : as obad. 10.15 . ezech. 35.15 . deut. 32.35 , 36.41 , 42. ps . 7.15 , 16. ps . 9.15 . ps . 140.11 . prov. 12.2 , 3 , c. 24.21 , 22. mich. 3 . 9· to 13. hab. 2.12 , 13. rev. 13.10 . c. 17.6 . c. 16.4 , 5 , 6. mat. 7. 2. judg. 1.6 , 7. may assure both you and them , compared with gods late wonderfull providences of this kind upon all sorts of innovators : so as you may sing , k they are brought down and fallen , but we are risen and stand upright . but if you neglect or refuse to follow this advice ; beware lest through your unworthie cowardize and negligence in this kinde , you become not a speedy prey to these ravening wolves , now likely to transform london into another i munster , and england into a second g●rmanie ; as in the year 1534. mr. prynne having thus fully , faithfully , sincerely discharged his dutie , and satisfied his own conscience ; is resolved to n lie down quietly , to take his rest , and hope for the salvation of his god ; concluding with the words of st. paul in a like case , 2 tim. 4.6 , 7 , 8.16 , 17 , 18. i am now ready to be offred , and the time of my departure is at hand . i have finished my course , i have kept the faith : henceforth there is laid up for me a crown of righteousness , which god the righteous judge shall give me at that day . at my first answer no man stood by me , but all men forsook me : i pray god that it may not be laid to their charge : notwithstanding the lord stood by me and strengthned me , that by me the preaching might be fully known , and that all the gentiles might hear : and i was delivered out of the mouth of the lyon , and the lord shall deliver me from every evil work , and will preserve me to his heavenly kingdom ; to whom bee glorie for ever and ever , amen . isay 8.9 . to 16. associate your selves o ye people , and ye shall be broken in pieces ; gird yourselves and ye shall be broken in pieces ; take counsel together , and it shall come to nought ; speak the word and it shall not stand : for god is with us . for the lord spake thus to me with a strong hand , and instructed me , that i should not walk in the way of the people ; saying , say not a confederacie , to whom this people shall say a confederacie , neither fear ye their fear , nor be afraid . but sanctifie the lord of hosts himself , and let him be your fear , and let him be your dread , and he shall be for a sanctuarie . ps . 26.3 , 4 , 5. o lord , i have walked in thy truth ; i have not sat with vain persons , neither will i goe in with dissemblers . i have hated the congregation of evil doers , and i will not sit with the wicked . pro. 29.25 . the fear of man bringeth a snare , but he that putteth his trust in the lord shall be safe . ps . 18.46 , 48 , 50 : ps : 144.10 . the lord liveth , and bless●d be my rock , and let the god of my salvation be exalted . he delivereth me from mine enemies , yea thou liftest me up above those that rose up against me ; thou hast delivered me from the violent man : therfore will i give thanks unto thee , o lord , among the heathen , and sing praises unto thy name . it is he that giveth salvation unto kings , that delivereth david his servant from the hurtfull sword . great deliverance giveth he unto his king , and sheweth mercy to his anointed ; to david and to his seed for evermore . thomas campanella de monarchia hisp : c. 30. omnis haeresis cum ad atheismum delapsa est per sapientem prophetam in veritatis viam reducitur ; habent enim haereses periodum suam ad modum rerumpublicarum ; quae à regibus in tyrannidem ; à tyrannide in statum optimatium , et inde in oligarchiam , atque tandem in democratiam , & in fine rursus in statum regium revolvuntur . william prynne . from my studie in lincolns inne may 18. 1659. finis . errata . page 34. l. 15. dele it ; p. 35. l. 4. melston , r. millington , p. 41. ● . 18. precope ; p. 48. l. 10. r. 1648. p. 49. l. 38. erecting , r : exciting ; p. 69. l. 16. both , r. doth ; p. 75. l. 7. as , r. was . notes, typically marginal, from the original text notes for div a56220-e350 * see the epistle and appendix to my speech in parliament ; and the 2d . part to the history of independency . a the true state of the case of the common-wealth in reference to the government by a protector and parliament : maintaining therein a full conformity to the declared principles and engagements of the parliament and army . it being the opinion of divers persons who through out the late troubles have approved themselves faithfull to the cause and interest of god and their country . presented to the publick , for the satisfaction of others , printed 1654. p. 9 , 11. which mr. prynne had then in his pocket . * ian. 6. 1648. (a) see mr. prynnes epistle and appendix to his speech in parliament , his 2d . part of the narrative of the armies force , 1640. and a new discovery of free-state tyrany . 1655. (b) see his brief memento to the present unparliamentary iuncto . 1648. (c) in his memorial for reformation of england . 1590. watsōs quodlibets p. 92. to 96.310 . to 334. wil. clarks his answer to father parsons libel , p. 75. (d) de monarchia hisp●nica , c. 25 , 27. (e) romes master piece , and hidden works of darkness brought to publick light . (f) historia part 3d. venetiis , 1648. p. 175 , 176. (g) see the instrument of government , and petition and advice , section 1. * a collect p. 849 , 858 , 862 , 863 , 867 , 868. i appendix to his speech , p. 118. and relation of the members seclusion . * see mr. prynne good old cause stated & stunted , p. 3 , 4 , 5.6 , 10 , k see mr. p his gospel plea , watsons quodlibers , and the case of the common wealth of england rightly stated . i see his legal plea against illegal taxes , his legal vindication , p. 3 , 3 , 4. his brief register of parliamentary writs , and plea for the lords . l 7 e. 1. rastall armor , 1. cooks 4 instit . p. 14. mr. prynnes brief register of all parliamentary writs p. 27 , 28.177 , 215 , 216. exact abridgement of the records in the tower , p. 11 , 12 , 14 , 17 , 19 , ●● , 27 , 36 , 38 , 195. m mr. prynnes brief register and survey of parliamentary writs p 431. n see their votes , jan. 6. declaration , 11 martii 1648. the agreement of the people and armies remonstrance and petition nov. 16. 1648. & ian. 20. 1649. o 1 jac. ch . 1. ash-parliament . 10. p cl. 33. e. 1. m. 4. dors . q 1 h 4. rot. parl . n. 25. plea for the lords , p. 434. r canterburies doome , p. 27 , 31. mr. pyms speech , 16 f●br . 1640. * see his legal vindication against illegal taxes p. 44. to 51. his plea for the lords : and brief register . * mr. rushworths historical collect. p. 270 , 271. ſ cooks 4 instit . c 1. cromptons jurisdiction of courts , be tit. parliament . a brief register , survey of parliamentary writs p. 422 , 423 , 424 , 432. mr. rushworths historical collection , p. 423. t cooks 7 report , calvins case , f. 10. * 4 e. 4. & 44. v see mr. prynnes brief register , kalendar & survey of parliamentary writs . a cooks 1 instit . p. 181. b. & 5 rep. f. 9. dyer 190 , 191 ash . authority 22.24 . & the books there cited , 19 h. 7. c 7. * dyer , f. 60. b modus tenendi parl. h. de knyghton de event . angliae l. 5. col . 2680.2681 . grafton p. 349 , 350 , mr. prynnes plea for the lords , p. 27 , 29. exact collection , p. 125.142.360 . c plowden , f. 117. dyer , f. 107. b. mr. seldens titles of honor , & mr. prynns plea for the lords , and house of peers . d cooks 4 : instit . p. 25. 51 e. 3. rot . parl. n. 47. 6 r. 2. rot . parl. 2. n. 52. 11 h. 4. n. 30. e exact collection , p. 163 , 164 , 250 , 316 , 317 , 318 , 312 , 793 , 794. x cooks ● report . calvins case , f. 10 11. y see the history of independency , part 2. salmatius & bochartus . z hab. 1.12 . objection 2. answ . nota. * better acts than ever the republicans made or intend to make for the peoples ease and benefit : who only doubled , trebled all their taxes , grievances , insteed of removeing them . n brooke , perkins , fit●herbert , ash . tit. condition 29. o serj. finch his maximes of the law , cook and others . d exact col. p. 41. e exact col. p. 203. f exact col. p. 260. g exact col. p. 704. h exact . collect . p. 250. i exact collection p. 323. k exact collect . p. 364. * some of them prisoners in execution , sent for out of goal , to make up an house . * 2 kin. 21.23 , 24. c. 14 5.6 , 1 1 king. 16.16 to 21. * see exact col. p. 131 , 148 , 317 to 314. a alexand. ab alexandro , gen. dierum , lib. 3. c 2 , 10. 2 sam. 16 , 18. c. 19.41 , 42 , 43.8 , 11.6 . c. 7. 33 h. 8. c. 27. exact collect. p. 146. b page 23. sect . 4. printed by the armies special order , 1649. * ol. cromwell , ireton , corn. holland , and others of them , stiled themselves a mock-parliament , as iohn lilburn affirms . c grotius de jure belli , l. 2. c. 15. sect . 3.16 . d plowdons comentaries , f. 10.107 , 108 , 350 , 364. 4 e. 4.4 . a watsons quodlibets , p. 144 , 332. b quodlib●ts , p. 322 , 323 , 333 , 334 3●● , 209.305 , 30● , 306 , 307 , 309. b quodlib●ts , p. 322 , 323 , 333 , 334 3●● , 209.305 , 30● , 306 , 307 , 309. nota. c quodlibets , p. 27 , 28 , 169. d quodlibet , 9. p. 285 , 430 332. nota. e here p. 19. f imaginū antwerp , an . 1940. speculum jesuiticum , p. 210. g see his epistle before his historical and legal vindication , &c. an. 1655. h romes master piece , hidden works of darknesse , &c. a collection of ordinances , p. 245. i a collect. of ordinances . p. 245. k a collect. p. 151 , 852 , 858 , vid. wekye of durb a collect p. 906. l romes masterpiece m a collect. p. 267. the history of independency part 2. n the history of independency p. 2. o see mr. prynnes speech , memento , & epistle to his historical & legal vindication . ludovicus lucius , hist . iesuitica , p. 144 , 156 , 170. p see the false iew , and his examination , printed 1653. q see his epistle before his printed book . 1652. * see his iustice ō the armies remonstrance . 1649. a see the prositions to the king and mr. prynnes speech , p. 57 , 58. his discovery of free-state tyranny p. 18. b see their votes in feb. 1648. and act for taking the engagement , sep. 6. 1649. c 7 iac. c. 6. ro. bellar. responsio ad apol. pro iuramento fidelitatis . d see the lord william hewards and prestons books in defence of the oath . mr. rushworths historical collections , p. 347. f 3 iac. c. 4. e see the 2d . part of the history of independancy . g see grorius de iure belli , l. 2. c. 13. dr. sanderson of oaths . h see their knack , sept. 6. 1649. l speculum iesuit . p. 40.217 , 218. ludovicus lucius , hist . iesuit . l. 3 c. 2 p. 237 , 243 , 288.300 , 329. * near two hundred thousand pounds a year more than all the rovenues and taxes amount to , such good husbands are we k see the diurnals and almanacks from 1648. to 1653. v see mr. prynnes discovery of free state tyranny , p. 19 , 20. * see prynnes epistle before his legal and historical collections , &c. 1655. l see the 2d . part of tbe history of independancy . n see his book and description of the west-indies . o see romes master-piece and hidden works of darkness brought to publick light . * here p. 19. p see mr. prynnes 3d. parr of his legal historical vindication & collection , &c. p. 343. to 397. q ibid. p. 391 , 392. flor. wigorn. sim. dunelm . hoveden , mat. westm . mat. paris , bromton , anno 1066 , 1067. r malm. de gest . reg. l. 3. p. 103. ſ malm. ibid. sim. dunelm . col. 213. brompton , col. 976. t flor. wigom . p. 556. sim. dunelm . col. 216 , 217. u flor. wigorn . p. 464. sim dunelm . col. 223. hov. annal pars 1. p. 466. * malm. de gestis reg. l. 3. p. 103. * mat. 25.41 , 42 , 42. * see august . tom 10. ser. 21. * 1 pet. 4.18 . z epistola 44. tom. 2. see homil. 50. ser . 21. tom. 10. peter lumbard , sent . l. 4. dist . 16. and the schoolmen on him . alex. alensis , sum . theol. pars 4. quaest . 24. mem . 6. * sodainly takē frō his son by his nearest relations and army-officers , notwithstanding their proclaiming him his successor , and all addresses to live and dye with him ; and that without one drawn sword . * august . ep. 44. * first 〈…〉 i●●●●●tor . subegii a●●ci●●● , soaem 〈◊〉 , ●orati●● , 〈◊〉 , ●ungarum , p●lati●●tam ut : ●● que , v●tisqu● hae 〈…〉 , huli●●● , & re●bilionum pa●es calvinistas , expolit & pe●●lig●vi , a● to princip●● gr●●tod , pergit● 〈…〉 , op●eloe ●cibos ●d eo auspici ●caeptom confi●ire , pitidos ●●di . rebellem calvini afresin pae●● va●um s●i●pi●us ubi i●●● ex dicate , a● p●rt●dio & 〈…〉 revel●s●●t● , 〈◊〉 que vi●eto● 〈◊〉 qu●●e c●lli●●o , &c. cenollu . cae●l● sel●●● . prae●● . 2 1. 〈…〉 p●op●e●●● prae●● : s●● m. 〈…〉 or truth . * rom. 3. ● . a de monarchia hisp . c. 25 , 20 , 27. b see his instructions . c paulus windeck de extirpandis haeresibus antid . 10.11 p 408.412.580 . & 244. hospinian hist . jesuit . l. 3. & l 4. p. 212 , 213 , 214. lud. lucius , h●st jesuit . l. 1. p. 175. l. 2. p 186 , 187 , 188. johan . cambilhonus , de rebus jesuitarum abstrusioribus . an. 1608. d see my 1. & 2. demurrer to the jews long discontinued remitter into england . * see hete , p. 42 , 43. e my quakers vnmasked , 1655 and new discovery of romish emistaries , 1656. f see his whitehall ordinances for excise and taxes , 14 decemb . & 17 march 1653. may 4. & june 8. 1654. & the 1. part of my legal and historical vindication , &c. p. 66. to 90. a exact . collection . p. 7.10 267 , 268 , 340 , 342.376.459.491 , to . 495.503.573 , 575 , 660.665 , 666 , 825.832.839.907 . to . 916.932.951 . b a collection of ordinances p. 13.30.34.42 , 43.98 , 99.161.167 , 168 , 169.185.199.203 , 204 , 211.227.275.282.294.305.313.317.340.363 : 371.380.417.420 , 423 , 425.432.451 . to . 460.504.513.537 , 539.616.623.666.679.877 , 878. appendix . p. 4.15 . * here , p. 42. c see their impeachments , trials . the act & ordinance for their attainders , mr. pyms speech , mr. st. iohns declaration , & argument against them , and first part of my legal and historical vindication , &c. * lilly , and culpepper . nota. t see hospinian hist . iesuitica , l. 3. & 4. speculum iesuiticum , p. 119. ludovicus lucius , histor : iesuit . l. 4 : c : 5 where it is printed at large & thuanus hist : l : 138 : k hist . gallica & belgica , l : ● : f. 151 , 152. speculum iesuiticum , p. 75.80 . the general history of france , in h. 4. and lewis 13 hospinian historia , iesuit . l. 3.153 . to 159. lud. lucius , histor . iesuit . l. 3. c , 2. * nota. * watsons quodlibets , p. 92 , 94 , 95. & dialogue , p. 95. a ps . 115.1 . b is . 46.7 , 11. ps . 27.1 6 c num. 16.22 . c. 27.16 . d ps . 22.6 . e 2 cor. 4.7 . 1 cor. 1.27 , 28 , 29. deut. 32.30 g jer. 46.16 . c. 50.16 . h calipine , holioke , summa angelica tit. seditio . cicero de repub . l. 6. lu. 23.19 . k see the appendix to mr rushworths historical col p. 30. to 40 , 41 , 42. i luke 6 , 22. l polit. l. 3. & ethic. l. 8. n summa angelica , tit. seditio . o see the soveraign power of parliaments , pa●t 4. p. 187 , 188.192 . m secunda secundae artic 12. & qu●●t . a ps . 68.21 . b ps . 24.7 , 8 , 9 , 10. c rev. 15.3 . d mat. 4.23 . c. 9.35 . c. 13.19 . c. 14.24 . e mat. 10.7 . c. 12.28 . c. 21.43 . c. 4.43 . c. 8.1 , 10. c. 16.16 . acts 20.25 . f 1 cor. 15.24 . col. 1.13 . rev. 12.10 . g eph. 2.12 . h aristot . polit. l. 3. c. 12. l. 4. c. 2. i mat. 13 38. k rev. 1.9 . l exod 19.6 . rev. 1.6 . c. 5.10 . c. 20.6 . 1 pet. 2 5. m mat. 5.3.19 . c. 7.21 . c. 8.11 . n 2 pet. 1.11 . 2 tim. 4.18 . o heb. 12.28 . p dan. 7.27 . lu. 1.33 . is . 9.1 . q 2 tim. 4.8 . 1 pet. 5.4 . ps . 45 9. mat. 19.28 . rev. 3 21. c. 20.4 . c. 9.11 . c. 7.9.13 14. r 2 tim. 2.22 . rev. 22.5 . ſ lu. 12.32 . c. 22.22 . t iames 2.5 . u mat. 25.34 . x ps . 47.7 . gen. 18.25 . y rev. 5.3 . &c. 19.16 . 1. tim. 6.15 . z ti● . 1.16 . a hib. 6.9 . d isay 1.24 . b acts 26.27 . c gal. 6.16 . * 1 tim. 2.1 , 2 , 3. * see tertull●an apologia . e isay 1.2 . ps . 114.7 . f see the true old cause truly stated . g 1 iohn 9.12 . to 23. h acts 13.22 . i sam. 24.3 . to 20. c. 26.8 , 9 , 10 , 11 , &c. k 2 sam. 4.10 , 11 , 12 , l 1 sam. 24.4 , 5. m iob 11.44 . n mat. 27.35 . n 2 sam. 18 3. * 2 chron. 13.20 . o ezech. 21.27 . p isay 10.5 , 7. ie● . 25.9 , &c. q isay 10.6 . c. 7.18 , 19. r lu. 13.25 . to 30. ſ 1 cor. 6 9 , 10 , 11. ga● . 15.20 21.5.5 . ps . 15.1 , 23.4 , 5. t mat. 26.47 , 67 , 68. c 27. to 38 , 66. c. 28.11 to 16. john 19 , 23 , 24.32.34 . u ● chron 22.8 . c. 28.3 . x heb. 7.2 . isaiah 9.6 . 1 pet. 4.9 . y rom. 10.15 . eph. 6.16 . c. 2.17 . z 2 cor. 5.20 . c. 14.32 . eph. 2.17 . a rom. 14.17 . b isay 59.7 , 8. 2 chron. 15.5 , 6. ier. 4.10 , 19 , 20 , c. 8 , 15 , 16. c mat. 10.9 , 10. lu. 9 , 3. c. 22.35 . mar. 6 , 8 , 9. c mat. 10.9 , 10. lu. 9 , 3. c. 22.35 . mar. 6 , 8 , 9. d gen. 32.10 . exod. 12.11 . c. 21.19 . 2 kings 4.29 . * see knolls turk●sh history , pauli orosii historia . the history of the arbigenses . * see mr. edwards gangraenaes . e relatio de stratagematis & sophismatis iesuitarum c. 4. f lud. lucius , hist . iesuit . l. 1. c. 7. p. 156. cornelius cornelii , epist . com. in minores prophetas : and his epistle to his historical and legal vindication , &c. h mat. 16.24 . mar. 10.21 . lu. 9.23 . c. 14.27 . i mat. 19 21 , 22. * psal . 95.8 , 10 , 11. * isay 59.8 . nota. d lu. 6.22 . e 1 cor. 4 , 8. f dan. 2.47 . col 1.16 , 17. c. 2.10 . 1 tim. 6.15 , 16. rev. 17.14 . c. 19.18 . eph. 1 , 21. g ep. vshers eccles . brit. antiq. c. 3 4 , 5 , 6 , 7.8 . spelmanni concil . tom. 1. & epist . ded. to it . fox acts & mon. in h. 8. e. 6. qu. eliz. & their statutes to this purpose . h malmsb de gestis regum l. 3 c. 13. mat. westm . anno 1055. polycbron . l. 6. c. 18 sim dunelm col 136. bromton , col . 909.955 . ael●edus de vita & mirac . edw. confess . i rom 9 19. 1 cor. 10.22 . * 2 kings 17 20 , 21 , 22 , 25. * 1 tim. 6.15 . dan. 2.21 . c. 4.25 , 35 , &c. * 2 sam. 7.12 . 1 kings 11 , 36. 2 king. 8.19 . psal , 132.11.12 , 13 , 14. * see bishop vshers annal. vel test . p. 133. * 2 chron. 23 2 kings 11. ‖ 2 chron. 24 , 25 , 26. c. 25.1 , 2 , 3 , 4. 2 kings 14. to 7. * 2 chron. 33.20 , 21 , 22.23 , 24 , 25. 2 kings 19 to 26. g 9 e. 2. c 8.1 mar. ses . 2 c. 1. 7 h. 7 c. 1. h aristot . polit . l. 3. c. 12. l. 4. c. 2 l. case sphaera civitatis l. 3. c. 5. p. 238. l. 4. c. 3. p. 324. * worthy serious particular perusal . ‖ prov. 19 . 10● . c. 30.21 , 22. eccl. 10.5 , 6.7 . a dion . cassius , dionys . halicar . polybius , livy , justin , eutropius , godwins roman antiquities , bodins common-wealth . (b) aelian var. historia , l. 5. c. 53. c grotius de jure belli , l. 3. c. 15. p. 537. d see my speech , p. 102 103 , 104. e psal . 11.3 . ‖ ibid. p. 10 , 11. nota. ‖ see here , p. p. 43 , 46 , 62 , 63. ‖ see my epistle to a seasonable vindication , &c. edit . 2. 1655. my quakers unmasked , & a new discovery of romish emissaries , 1656. the plots of the jesuites , printed 1653. and the jesuits undermining of parliaments and protestants , by william castle , 1642. ‖ printed in my hidden works of darkness . &c. & mr. rushworths historical collections , p. 41. to 44.121 , 129 , 185. to 190 , 140 , 141 , 510 , 568. exact collection , p. 5. to 20. ‖ romes masterpiece , p. 14.15 . ‖ ludovicus lucius , hist . jesuit . l. 3. c. 2. p. 271 , 2●4 , 374. l. 3. c. 2. p. 607 , 609 , 610 , 611 , 614 639 , 671 , 673 , &c. hospinian hist . jesuit . l. 3. & 4. speculum jesuiticum . ‖ see lucas osiander contra anabaptistas . ‖ prov. 24.21 . 1 pet. 2.17 . ‖ exact . collection , p. 17. a iud. 18.7.27 . b mat. 16.25 . c prov. 29.25 . isay 8.12 , 13. c. 7.4 . c. 41.14 . c. 44.8 . mat. 10.28 . d isay 13.6 , 7.8 . c. 27.11 . c. 24.17 . iudg. 20.41 , 42 , is . 3 , 4. ier. 48.43 , 44. c. 49.24 , 29. lam. 3.47 . ezech. 30.13 , 14. e collect. of ordinances , p. 420 to 427. mat. 21.23 . f exact collection , and a collection of them . the good old cause truly stated . g see the letany , collects , for the king , queen , and royal issue : canons , 1605. can. 54. h tertulliani apol●g euseb . de vira constantini . l. 4. c. 19 , 10. cassiador . hist . tripartira , l. 5. c. 22. athanatius apologia ad constantinum imp. sozomen eccles . hist . l. 2. c. 18. l. 4. c. 13. surius concil . tom. 1. p. 617. tom. 2. p. 670 , 737.738.739 , 740 , 762 , 853 , 869 , 871.875 , 880 , 891 , 925 , 926 , 1022 , 1024 , 1039. tom. 3. p. 8.238 . cl. 1 e. 1. d. 17. cl. 24 e. 1. d. 10. cl. 34 e. 1. d. 9 , 16. cl. 35 , e. 1. d. 15. cl . 9 r. 2. d. 11. cl . 15 r. 2. d. 56. cl . 16 r. 2. d. 11. cl . r. 2. d. 35. * 2 chron. 10 . 6.101● . see my new discovery of free state tyranny ; and englands new chains . * 2 chron : 28.2.3.22 . to 36. k psal . 20.8 . i chytrai chron. sax●nia l. 14. p : 411 , to 414. munsteri cosmog . l. 3. c. 142 , sleidan comment . l. 10 n psal , 4.8 . psal . 11● , 41 , see polybii hist . lib. 6. p. 521 to 527. a vindication of the imprisoned and secluded members of the house of commons, from the aspersions cast upon them, and the majority of the house, in a paper lately printed and published: intituled, an humble answer of the generall councel of the officers of the army under his excellency thomas lord fairfax, to the demands of the honourable commons of england in parliament assembled: concerning the late securing or secluding some members thereof. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91317 of text r7280 in the english short title catalog (thomason e539_5). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 77 kb of xml-encoded text transcribed from 19 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91317 wing p4128 thomason e539_5 estc r7280 99873104 99873104 125558 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91317) transcribed from: (early english books online ; image set 125558) images scanned from microfilm: (thomason tracts ; 84:e539[5]) a vindication of the imprisoned and secluded members of the house of commons, from the aspersions cast upon them, and the majority of the house, in a paper lately printed and published: intituled, an humble answer of the generall councel of the officers of the army under his excellency thomas lord fairfax, to the demands of the honourable commons of england in parliament assembled: concerning the late securing or secluding some members thereof. prynne, william, 1600-1669. 8, 7-30 [i.e. 34] p. printed for michael spark an [sic] the blue bible in green-arbour, london : 1649. attributed to william prynne. a reply to "the humble answer of the general councel of officers of the army, under his excellencie, thomas, lord fairfax", dated 3 jan. 1649. the last four pages are numbered 25, 24, 29, 28. annotation on thomason copy: "jan: 23 1648". reproduction of the original in the british library. eng england and wales. -army. -council. england and wales. -parliament. -house of commons -expulsion -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a91317 r7280 (thomason e539_5). civilwar no a vindication of the imprisoned and secluded members of the house of commons, from the aspersions cast upon them, and the maiority of the ho prynne, william 1649 12937 121 0 0 0 0 0 94 d the rate of 94 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 aptara keyed and coded from proquest page images 2007-05 mona logarbo sampled and proofread 2007-05 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a vindication of the imprisoned and secluded members of the house of commons , from the aspersions cast upon them , and the maiority of the house , in a paper lately printed and published : intitvled , an humble answer of the generall councel of the officers of the army under his excellency thomas lord fairfax , to the demands of the honourable commons of england in parliament assembled : concerning the late securing or secluding some members thereof . psal. 27. 5 , 6. commit thy way unto the lord , trust also in him , and he shall bring it to passe . and he shall bring forth thy righteousness as the light , and thy judgement as the noon-day . london , printed for michael spark an the blue bible in green-arbour . 1649. a vindication of the imprisoned and secluded members of the house of commons , from the aspersions cast upon them and the majority of the house in a paper lately printed and published : intituled , an humble answer of the generall councel of the officers of the army , &c. to the demands of the honourable the commons of england , &c. after our being secluded , and some of us imprisoned , and detained from our service in the house of commons ( of which we are members ) now for above six weeks space ; finding a paper published in print against us , wherein we are reproached with the names of traitors , apostates , self-servers , corrupt members , and divers other aspersions of the like nature charged upon us ; we are enforced ( for our vindication , and which is dearer to us , the vindication of the freedom and honour of the parliament , and for preventing the matters suggested against us in that paper from abusing those by whom we are entrusted , who might judge us guilty , if should be silent ) to make this ensuing answer to that paper . in the preamble of this answer , by way of accompt , concerning the securing some members , and secluding others ; it appears by the proposals of the sixth of december , the late declaration and remonstrance therein cited , that this designe to break the house by force hath been long since plotted and contrived , though not executed untill now . which action the general councel of the army in their answer say , we acknowledge it to be a course in it self irregular , and not justifiable but both by honest intentions for publick good , and an extraordinary necessity for the same end leading us thereunto . these being the two pillars upon which is laid the whole weight of the justification of the army in this extraordinary and ( we beleeve ) unparallell'd course of proceedings ; we shall apply our selves to discover the weaknesse and unsoundness of them both . for our more clear proceedings herein , we shall first state the case which is endeavoured by this paper to be justified . they are an armie raised and formed by ordinance of parliament of the 15 of february 1644 , for the defence of the king and parliament , and true protestant religion , the laws and liberties of the kingdom ; and to be from time to time subject to such orders and directions as they shall receive from both houses of parliament . and for that end they stand commissionated by them , and receive pay from them at this day . and besides the trust they hereby have assumed , they are under the obligation of a solemn covenant sworn to almighty god , that they will in their places and callings ; with sincerity , reality and constancy , with their estates and lives , preserve the rights and priviledges of the parliament , and the liberties of the kingdome ; and defend the kings person and authority in the defence of the true religion and liberties of the kingdom . they being under these trusts and ? obligations by and to the houses , with their arms , contrary to their orders , marched into westminster , and without any order from them , they placed some of their regiments at and about the door of the house of commons upon the sixth and seventh of december last , and there ( with a list of the names of divers members of the house ) their officers and souldiers ( appointed for that purpose ) forcibly secluded some , seized upon , imprisoned , and detained others from their attendance of the house , and occasioned many others to absent themselves . the question now is , whether any thing in this paper can justifie this action of theirs , either upon the good intentions or necessity pretended therein . this being the point in issue , which they affirm , and we deny : we shall now proceed to consider their grounds . for their good intentions , which cannot be known to us but by their expressions and actions , they referre us to their proposals , declarations and remonstrances : where wee finde their desires are to take away the kings life , to take away the lives of the prince and the duke of york ; at least , to dis-inherit both them and all the kings children ; to put a period to this parliament ; to set up a new representative , which takes away all parliaments ; to have an elective king , if any . these are the intentions for publick good , which must come in to help their actions , that are confessed to be otherwise irregular and unjustifiable . we think the very naming of them doth manifest , that they are apparantly against the laws of god , and the laws of the kingdom under which they live , and have no justification for themselves , much lesse any to spare for their actions ; whereof we leave the whole kingdome ( for whose good , as said , these intentions are ) to be judges . and we shall produce no other witnesse to prove this , but themselves . on the 15 of november , 1647 , the paper called the agreement of the people , which is somewhat lower then these which they call intentions for publick good , was condemned by the army ; the promoting of it judged capitall , colonel rainshorough and major scot complained of by them to the house for appearing in it , and the paper it self then adjudged by the house destructive to government , and the being of parliament . and upon this their evidence against themselves we leave this point . and to proceed to the other ground of their justification , viz. extraordinary necessity , which is laid down in their paper thus : after they have brought in their good intentions for their justification , ( and what those are , we have cited out of their own papers , to which they refer us , ) it is then added , and an extraordinary necessity for the same and leading us thereunto . it appears in the first opening of this necessity , of what nature it is , that tends to such ends as they referre it . but for the better disquisition thereof , before we come to the particulars to set forth this necessity in this paper , we shall lay down some generall observations and conclusions concerning this their plea . 1. the army made the very same plea of extraordinary necessity in their remonstrance june 23. 1647 , that now is made in this paper , upon quite contrary grounds then what they expresse now ; and both to justifie the same extraordinary violent proceedings against the parliament : differing onely in degrees , this later worse then the former . then when the king was seized upon by a party of the army , without order from the house , and the army advanced against the parliament , they say in their letter to the house july the 8 , 1647 , there have been severall officers of the armie , upon severall occasions sent to his majestie : the first , to present to him a copy of the representations ; and after that , some others to tender him a copie of the remonstrance : upon b●th which the officers sent were appointed to ●leer the sense and intentions of any thing in either paper whereupon his majestie might make any question . there they treated with the king ; and now they offer violence to the parliament for treating with the king . then in their remonstrance ju● . 23. 1647 , it is said , we ch●rly professe , we do not see how there can be any peace to this kingdom firms or lasting , without a due consideration of , and provision for the rights , quiet and immunities of his majesties royall family , and his late partakers . now they judge the majority of the house corrupt , and proceed violently against them for moving one step towards a peace with the king , though he hath granted more then all their proposals , and make this a necessity sharp enough to justifie the using of their swords contrary to their commissions . this were cause enough to make the unsoundnesse of this plea of necessity appear to all the world , and even to be suspected by themselves , that serves to justifie contradictions which they are put to , by making themselve judgess of those things they have no calling to meddle with ; and taking them out of those hands to whom of right it belongs to judge them . 2. this plea of necessity which is made in this paper , is destructive to all government . for by the same reason that the general officer urgeth necessity for acting against the command and persons of his superiours , and makes himself judge of that necessity ; the inferiour officer may urge the same necessity in his judgement to act against the commands of his generall ; and the souldiers may urge the like for acting against their officers ; and any other 20000 men in the kingdom to act against the army ; and this army to act ( as against this parliament , so ) against any other government of representative that shall be set up ; and so in infinitum . 3. did the members of parliament proceed in parliament contrary to their trust in the judgement of those that did elect them : yet it is manifest , that the power of advising , voting and acting being placed in the members of parliament by the law of the land , and ancient rights of parliament , they are not accountable , much lesse censurable for the use of it according to their own judgment and consciences , though contrary to theirs that chose them . they are only in such cases accountable to , and censurable by the house ; which they could not reasonably be , if they were cens●rable by the people that sent them . for then the parliament might judge that good service , which the electors judge evill : & è convers● , the electors may judge that evill which the house may judge to be good ; and so no man can be safe or free in the service of the parliament . but were power and trust placed in the members of parliament by law , only to be used or not used , valid or null , at the electors judgment ; yet in such case the members of parliament were only accountable to the counties , cities or boroughs for which they serve ; and not to strangers : and in no case are they accountable to the army ; who are so far from being those from whom they received their trust , that they are only persons in a subordinate trust under them , for their defence from force . which how well they have performed , we leave to the judgment of all those who observe their present proceedings . 4. these actions , which they undertake to justifie , are contrary not onely to their trust , but to the express letter of the covenant and protestation which they have taken . and breach of oath being a morall evill , it is not to be justified by necessity and good intentions . saul , though a king and thereby qualified to do justice ; yet for executing the gibeonites against a covenant made many hundred yeers before , and gained subtilly by the gibeonites , who were not of the children of israel , but of the remnant of the amorites ( with whom he might presume to be more bold ; ) and though he did this in his zeal to the children of israel and judah ; yet this necessity in his judgment , for publick good , could not warrant him ; god brought a famine upon the land for this breach of covenant , which ceased not untill it was expiated by the death of seven of his sons that did commit it . see here by this instance what legacy they by their present actions may leave to their posterity . having thus laid down these considerations of this plea of necessity in generall , it thereby appears , should we say no more , though we should be guilty of the ●ensuing particulars with which we are charged , yet they could not be innocent , nor justified in what they have done against us . but for 〈◊〉 furth●● clec●●●g , and their further conviction , we come now to enquil● in●● those particulars in this paper , in which they h●ld forth the necessity that must bear them one ; wherein the question betwixt us , admitting necessity , would justifie th●●● proceedings is thus ; whether that which is assigned in the particulars following in their paper , be that necessity wherein we shall joyn issue with them , and freely put it to tryall upon the particulars following , which are six in number . but before we enter upon them , we must take notice of what is said from the end of the second page of their paper , unto the end of the fift page , wherein are used many words to shew how the majority of the house came to be formed to serve the kings , and other corrupt interests . the sum of all which is , that by the endeavours of some whom they call old malignant members , and by the practises used in the new elections , there came in a flood of new burgesses , that either are malignants or ne●ters . to which we answer , that what is done by the majority of the house , it is the act of the whole house ; so what is done against the majority of the house is done against the whole house : and to the charge against the new burgesses , as it is cleer , the ordinance for new elections was not carried by those we call old malignants , ( if there be any such in the house ) except the major part of the house was alwayes malignants , and before the new election so , for the members which came in upon the new election , which are called neuters or malignants in generall , without fixing upon any one particular member , to which a 〈◊〉 all in generall were sufficient : yet we shall further adde , that of all those members of the new election , that are secluded or imprisoned , we know none but whose elections are allowed by the house , and who are proper judges thereof ; and who either by their services as souldiers for the parliament , or in their committees , or otherwise by imminent services or sufferings in their cause , gave a testimony of their faithfulnesse to the parliament before they were elected , which may free them from the name of neuters and malignants . and it were not hard to shew that many officers of the army who came in upon the last elections , are chosen by those places where they were scarce known , and wherein they have no interest of their own ; and by what other influence they obtained those elections , we leave it to themselves to judge , 〈◊〉 whom it is best known ; and so come to the first of those six particulars , wherein is assigned the extraordinary necessity to justifie their proceedings in their own words . first , the betraying of ireland into the enemies bands by recalling the lord lisle from his command there , and putting the best part of that kingdom , and where the parliament had the strongest footing , ( munster ) into the hands of inchequin a native irish man , who hath since revolted from the parliament , hath lately united with the irish rebels , and with them and ormond again , engaged with the king . to which we answer ; that if munster be that part of ireland wherein the parliament had the best interest , the lord inchequin did come in himself , and bring that interest to the parliament , whom he served against the irish rebels , and preserved a possession in munster for the parliament , during the heat of their wars in england , when they had little other interest in ireland , and lesse means to relieve them out of england . that the lord lisle was not recalled from his command there , but his commission for lord lieutenant of ireland expiring about the fifteenth of april 1647. his lordship on the seventeenth of april took shipping for england . after the lord lisles departure out of munster , the lord inchequin proceeded successively against the rebels , and took from them many considerable forts and castles ; the garrison of oramanagh , capp●quin , the town and castle of dungarvan , the castle of calur , and others ▪ and upon the fourteenth of november following , at the battell of knocknowes he obtained one of the greatest victories that ever was gotten over the rebels army , under the command of the lord taff , wherein were taken of the enemies horse two hundred , slain of the foot four thousand ▪ officers taken prisoners sixty eight , arms fix thousand , the lieutenant generall slain : for all which , we refer the reader to the letters and papers concerning these severall services presented to the house , and by their orders published in print . these were such testimonies of his reality to the parliament long after the lord lisles coming out of munster ; that the house did not call it into question , and nothing to the contrary appeared to the houses untill the third of april 1648. the army here having disputed the parliaments commands , the lord inchequin began to enter into remonstrances and engagements against the parliament , for which he made the remonstrances , engagements and declarations of the army the summer before , both the cause and president ; as by the relation made to the house , published in print , doth appear . we mention not these things in the least measure to justifie the lord inchequins revolt from the parliament , but have onely related the truth of the matter of fact , for our own justification against the charge in this paper , of betraying munster ; and we leave to the reader to judge , whether the army hath cause to complain of us , or reflect upon themselves for the losse of munster : and proceed to the second particular , viz. their endeavours to bring in the king upon his own terms , without satisfaction and security to the kingdom , viz. upon his message of the twelfth of may 1647. and to this end , with so manifest injustice and indignity , to di●band the army , before any peace made or assured . for the engagement of the twelft of may , it is well known the house of commons upon the first knowledge of that engagement voted it to be treasonable , and afterwards both houses by ordinance of the seventeenth of december 1647. put 〈◊〉 inc●patity , upon all those in or about the city of london , that entred into , or contrived , acted or ●●etted that engagement , of bearing any office in the city of london for that yeer ; which we take to be a sufficient evidence to prove us herein a right majority , as in other parts of their paper , they take the votes of the house to prove us a corrupt majority : the charge here lying onely in generall , and not fixed upon any particular . yet for our further cleering , besides the testimony we have given against the bringing in the king upon any such tearms , by our continued insisting upon far higher tearms , to which the king hath agreed in the late treaty ; we doe every one of us for our selves respectively , professe our utter dislike of that engagement , or any endeavour to bring in the king upon any engagement made or contrived without the house . and for what is said concerning disbanding of the army , we say , that the votes of the house , that eight regiments of foot , four of horse , and one of dragoons should be sent out of the army to ireland , which was desired might be in one entire body , and their resolution to contain ten thousand foot , and five thousand four hundred horse , under the command of the lord fairfax , for the necessary defence of the kingdom , ( as the state of affairs then stood in england and ireland ) as it was to no such end , as is alledged , but for the relieving of poor distressed protestants in i●eland , the easing of the heavy pressures lying upon the poor people of this kingdom , and an honourable and fit imploying the forces of that army to prevent the high distempers that since have ensued , so as it was no injustice nor indignity to the armie . to the third article , viz. that they endeavoured to protect the eleven impeached members from justice , and endeavouring with them to raise a new war . we say , that as we desire no other protection then our own innocency , and the laws under which we live , so we never gave any other protection to the eleven members , then what stood with law and justice . and for the mislending of two hundred thousand pounds , or the greatest part thereof , which w●● designed chiefly for ireland : we say , that about eighty thousand pound of that money was paid to mast●●nicholas loftus and others for the service of ireland and above fifty thousand pound to the treasurers at wa● , for the army ; which might with more reason be said to be misimployed , in regard there is an establishment for their pay another way , unlesse part of the army had gone to do ireland service for that money : then what the reformado officers and souldiers , who obeyed the orders of the house for disbanding , who received , pressed the more earnestly upon the house for part of their arrears , after their declarations and remonstrances by the army , for satisfying the arrears of all the souldiers in the kingdom were published . for the fourth article , their countenancing , abetting , and partaking wish the tumultuous violence of the apprentices and others against both houses of parliament . it seems strange to us , when they had this in their thoughts to charge it as a crime upon us , they did not think of what themselves are doing , and much more that they should urge the force offered to the house then ( which they declared horrid and treasonable ; ) to justifie the violence offered to the house by them , of a far higher nature . if it were a crim in the apprentices , why do the army the same thing ? if it were no crime , why doe they complain of us for abetting and partaking with it ? wherefore , we say , that there is not the least colour or shadow of truth ; and doe every one of us for our selves respectively utterly deny it . and for setting up a new speaker , the house of commons did no more then what in all ages hath been their undoubted right to do in the case of want of a speaker . and as to the ordinances and votes then passed , we should make a particular answer thereunto , but that by the ordinance of the 20. of aug. following , they are made void and null in themselves , which silences us for the present . for the fifth article , the holding correspondency , ingaging and assisting the tumultuous petitioners last spring , the rebellious ins●●rections in kent , the revolted ships , and prince of wales , and with the scots armie . we do every one of us for our selvel respectively denie the having any hand therein . having thus given our answers to those five particulars wherein the necessity is assigned , by which they endeauour to justifie their proceedings against us ; wee leave it to the judgment of their owne consciences , whether they doe not bear witnesse within them , that in all these particulars they have groundlesly accused us of those things of which they for the most part are guilty , and know us to be innocent . in these we have used the more brevitie , that we might be the more large upon the sixt section of the paper ; wherein they say , that when the army was dispersed and engaged in severall parts of the kingdome in opposing the enemies , suppressing the troubles these men had raised ; and when many faithfull members of parliament were employed abroad upon necessary publique services , and others , through malignant tumults about the citie , could not with safetie attend the house , then the corrupt and apostatizing party taking advantage of these distractions and diversions , which themselves had caused ; first recalled in those members , &c. then they recalled those votes for non-addresses , and voted a personall treatie with the king . to all which scandalous aspersions wee answer : that they are altogether groundlesse ; if there were any reality in what they would here insinuate , that the proceedings of this treaty were not by the concurrrence of the house , but surrepticiously gayned , by taking advantage of the absence of many faithfull members ; why doe they complaine then in other parts of their paper , that the majorit●e of the house is corrupt ? and take paines to shew , how the majoritie of the house came to be formed to serve the king and other coreupt interests , or what necessitie was there for them to force the absence of two hundred members of the house at 〈◊〉 ? for what i● done in this treat●e , if the complaint here be just , that 〈◊〉 proceedings thereunto were through the absence of the members that could not with safety attend the house , and for the distractions in the countries , which they speake of . it is manifest to all men , that heard the cryes of the countries at that time , who in part occasioned those distempers , even in the countri●a neerest and best affected to the parliament , who never , during the warre , exprest so high contempt to the authority of parliament , untill the like had bin first done by the armies quartering upon and amongst them a little before . and although the president was followed by sea and land , almost to the ruine of parliament and kingdome , yet those members ( if they meane such as are imprisoned and secluded ) which they most uncivilly and nuchristianly ) requite with the reproach of apostates , were many of them imployed and did improve the utmost of their interests in la●cashire , yorkeshire , lincolneshire , heref●rdshire , hampshire , suffolke , essex , london and surrey ) and many other parts of the kingdome , to quiet distractions and oppose insurrections , which the extremity of the armies proceedings had i● part occastioned . we never judged tumults , nor insurrections the way to peace and settlement . and for the charge of some of the eleven members , to have taken commissious from the prince , w●lay , and every of them for themselves affirming the charge of their taking commissions from the prince , or any other whatsoever , by verieu of his authority , is a most malicious and scandalous asperstion ; they abhorring to deviate in the least from what their primitive engagements were ; which they have from first to last continued in , and shall doe ( by gods assistance ) notwithstanding all calamnies cast on them , or sufferings ( though to the utmost ) for so doing . having thus cleared the entrance to the treatie from th●se prejudices laid in the way therunto ; we come to that vote of the house decemb. 5. that the answer of the ke●● to the propositions of both houses are a ●ound for the house to proceed upon for the settlement of the peace of the kingdome . of which they say , that though they advanced hither to attend providence for the opening some way to avoid the present evils designed , and introduce the desired good into the kingdome ; yee they said nor acted nothing in relation to the parliament nor any member thereof , untill by that vote passed decemb. 5. they found the corrupt majority so resolvedly bent to compleat their design in bringing in the king , &c. doe they call their threatning remonstrance sent to the house , and the declaration then published to explaine the meaning thereof divers dayes before this , a saying nothing in relation to the parliament ? and their marching up to the citie of london and westminster with so many regiments of the army , contrary to the order of the house , a doing nothing in relation to the parliament . by this it seemes the passing of this vote is the very point of that necessity , which they take to justifie all their present actings , in relation to the parliament . for before that passed , they say they acted nothing ; therefore we shall be more large upon this subject . we shall therefore first state the matter in difference betwixt the propositions of the houses and the kings answers . as the propositions to the king in the isle of weight contained in them all that security which the houses have judged necessary to propose for themselves , those that have adhered to them in the warres , and for the peace of the whole kingdome ; so the king granteth all those propositions in which the main security resteth , viz. his majestie granted the first proposition for taking off declarations , &c. as was desired . his majestie granted the third proposition concerning the militia , as was desired . his majestie consented to the proposition of irela . limiting the time of the parliam . disposing offices to 20. yeers . his majesty consented to such acts for publike debts and publike uses as should be presented within two yeeres , and incurred within the time . his majesty granted as it was desired to the proposition ●ncerning peers . his majesty granted the disposing of offices in england to the parliament , so that the time limitted exceed not twenty yeares . his majesty granted the taking away the court of wards , having 100000l . per annum allowed in leiw thereof , to bee raised as the parliament shall think fit . his majesty granted to declare against the earl of ormonds power and proceedings after an agreement with his houses . the onely difference remaineth upon two propositions : that concerning delinquents , and that concerning the church . for the first of these , wee shall here set down that part of the kings ●●all answer , wherein the difference lieth . and his majesty doth consent , that the severall persons comprised in the said propositions shall submit to moderate compositions according to such r●tes and proportions as they and the two houses shall agree upon . the particulars whereof , his majesty leaves wholy to such agreement , desiring only that the rates and value may be mittigated and reduced to a more moderate proportion ; and his majesty will give way that the persons insisted upon by his two houses , shall be removed from his councell , and be restrained from comming within the verge of the king , queenes , and princes court ; and that they may not beare any office or have any imployment in the state or common-wealth , without advice and consent of both his houses of parliament . but his majesty cannot agree that those who do the contrary shall incurre such severe penalties , as to be guilty of high treason and forfeit their lives and estates without any capacity of pardon , as in the said proposition is contained there being a penalty legally implied upon the breach of any act of parliament , which his majesty intends not to disponce withall . as to the seven persons mentioned in the said votes to bee excepted , his majesty for the peace of the kingdom will consent that they may absent themselves out of the kingdom for such time us the two houses shall think fit , desiring neverthelesse that they may be admitted to composition for their estates ; and if any of them shall be proceeded against according to the ancient and established law of the kingdom , his majesty will not interpose to hinder any legall proceedings thereupon ; but that his majesty should joyne in any act for the taking away of the life or estates of any that have adhered to him , his majesty cannot with iustice and honour agree thereunto . as to all other persons mentioned in the propositions , his majesty will further consent , that they shall not sit or vote as members or assistants in either house of parliament , nor continue nor bee of his majesties privy councell , officers of state , or iudges , or in other offices without consent of both houses . as for all clergy men against whom any scandalous life can be proved , or other legall charges , his majesty wlll remit them to the law . but for all others who shall conforme to what his majesty and his two houses shall agree upon , his majesty conceives fit where their livings are void they may be restored to them , and where any other is incumbent in any of their preferments , that the party now outed of his living may receive a third part of the profits , unlesse he be otherwise provided , that thus the one may not want a livelihood , nor the other be outed of any living , untill some fitting preferment be found for eithor . in this answer , though the king doth not fully grant what the houses desire , yet he consents to joyne with the houses in making them incapable of bearing any office of publique trust without the consent of the houses . and for these , whom the houses propose to compound with the king leaves them to such compositions as they and the houses shall agree on , which is the conditioo they are now in ; the houses forceing composition upon none but by sequestration of their estates , which continues untill they compound . and for these whom the houses proposed to proceed against capitally , the king leaves them to a legall tryall , with a declaration , that he will not interpose to hinder it which satisfied , the maine grievance of the parliament ( as we conceive ) dedeclared in the beginning of their war concerning delinquents , which was not for that the king refused to joyne himself with the houses punishing of delinquents , but for that the king by force of armes protected delinquents from justice ; and all that the house did desire in the proposition concerning delinquents presented to the king at oxford , february 1642. was that your majesty leave delinquents to a legall tryall and judgement of parliament . and wee see not what evasion from iustice is left to such as have made war against the parliament and law of the land , when the king first by a law declares the parliaments war to be just , and afterwards leaves these that had fought against them to the judg●ment of the ●awes . the second proposition wherein the onely materiall difference resteth , is that of the church , which standeth thus , viz. the houses proposed that a bill be passed for the utter abolishing of arch-bishops , bishops , &c. and for sale of bishops lands , that reformation of religion bee setled by act of parliament in such manner as both houses have agreed or shall agree upon : to which the king answers , that it is his judgement and conscience , that he cannot ( as he stands yet informed ) abolish episcopacy out of the church ; yet because he apprehends how fatall new distractions may be to this kingdom , and that he beleeves his two houses will yeeld to truth if that shall bè manifested to them , if convinced , his majesty doth again desire that there be a consultation of divines as he hath formerly proposed , and his majesty will suspend the episcopall power as well in point of ordination of ministers , as in that of iurisdiction , untill he and his two houses agree what government shall be establisht in the future . as for the bishops lands , though hee cannot consent to the absolute alienation of them from the church , yet he will agree t●at the propriety and inheritance shall by act of parliament be setled in the crowne to be declared in trust for the use of the church-men , to be imployed by his majesty , his heires and successours with advice of his two houses for the use aforesaid , and that leases shall be made for lives or years ( not exceeding 99 years ) for the satisfaction of the purchasors and contractors according to his former answers , or reserving the old rents or other moderate rents for the maintenance of them to whom they did formerly belong , and for the future benefit of the church : and in all things else , his majesty refers himselfe to his former answers . and in his former answers dated october 21. 1648. he consents to the taking away all arch-bishops , chancellours , commissaries , deans and sub-deans , and chapters , arch deacons , cannons , and prebendaries , and all chanters , chancellours , treasurers , succentours , sachrists , old vicars , new vicars of any cathedrall church , and all other their under officers , out of the church of england , dominion of wales , and church of ireland , in these answers ( as wee conceive ) the king takes away the government of the church by arch-bishops , bishops , &c. by his taking away their courts ; the bishops having no authority to convent any person , send for any witnesse , heare any cause , passe any censure or judgement , or exercise any acts of church government , but by and in their courts , which being by this answer abolisht , the government fals . and for their power of ordination ; though it bee not absolutely taken away , yet the exercise of it is susp●nded , so as it is equivalent , for the bishops can never exercise that power againe in england , untill they be restored hereunto by act of parliament ; and if that power had been absolutely taken away , yet if the king and both houses of parliament restore it , it is againe establisht : so that the maine desect in this answer is , in that the king agree● to settle the presbyteri●n government onely for three yeares , and that at the end of that time there is no government in the church ▪ untill it bee setled by act of parliament . wee professe herein that the kings answer comes farre short of what we desired , and of what we shall use our best endeavours fully to effect according to former engagements ; there being nothing wherein wee should more rejoyce , then to see as the power and purity of doctrine , so the beauty of order and golden reynes of discipline strengthned and establ●sht by a perpetuall law amongst us . yet the king consents to the s●●ling of this government in this answer for so long a time as the hou●es formerly in their ordinances presented to him at newc●stle , did themselves think fit to settle it . this b●ing the true st●te of the d●fference betwixt the kings answer and the proposi●ions of the houses for a safe and well grounded peace ( which were the subject of the houses debate , decemb. the 5th . ) we shall in the next place , before we come to those reasons , which induced us thereupon to vote that , &c. we shall premise first , by this vote the house did not determine ( as we conceive ) the having no further treaty with his majesty before a concluding and declaring of peace , nor was the houses so bound up hereby , that they could not propose any thing further , wherein the kings answers are defective , or from making any new propositions for the better healing our b●e●ches , or more safe binding up a just and righteous peace , which as it doth appeare by the words of the vote it selfe ; so it is also manifest to bee the full purpose and sense of the house therein , by their laying aside the former vote ( that the kings answers are satisfactory ) by a question upon a long debate . and at the same time framing and passing this vote , whereby they only lay hold of these large concessions , and declare their judgements thereupon against a breach with the king , and continuance of this unnaturall warre betwixt the king and his people , upon the difference at last by the blessing of god brought into so narrow a compasse . and this being a true state of the matter then in debate , and our sense in the vote that passed thereupon , wee judged it most consistent with our duties as christians , and our trust as members of parliament , to make this step ( having so much ground given us ) towards the happy settlement of thi● kingdom in peace . this being publisht in print to be so high a crime in us , as to justifie whatsoever the army hath done against vs , and god and man being appealed unto therein . we shall here lay down some of the considerations both on the one hand and on the other , which carryed our iudgements to the passing this vote . 1. the advantages by this proceeding towards a close with the king upon what hee hath granted , are the saving of the kingdome of ireland out of the hands of the bloudy popish rebels , and preserving it to the crown of england ; the regaining the revolted navie , and freedome of the seas ; the support of the ancient and well constitu●ed government of this kingdome , the honour of parliament in making peace after so troublesome a warre ; and in a word , the stoping the most sad issue of english bloud that ever was opened in this nation ; and the putting of the people of this kingdome into possession of greater security of their lawes and liberties against the over growing power of the kings prorogative , then ever any of our ancestors in the greatest of their successes could ever attaine unto . the consequences visible in our eyes , if we should upon the matter in difference have made a breach with the king are : 1. the deposing , if not the taking away the life of the king ; what miseries upon either of these have formerly ensued to this kingdome our own histories tell us . although for the latter ( which wee unwillingly mention ) there was never any president for it in this kingdome , nor ever made by any protestants in the world ; and we desire it may never bee done by any in this kingdome , being that , which from our harts we doe detest and abhorre . we cannot but remember in the end of our warre the day wherein god hath given vs prosperity , the declarations which we made in the beginning of our warre , and the obligations which we laid upon our selves and the kingdome when we were low . in the petition of lords and commons presented to his majesty by the earl of stamford &c. april the 8th 1642. are these words , viz. that you will please to reject all councels and apprehensions which may any way derogate from that faithfulnesse and allegiance which in truth and sincerity we have alwayes born and professed to your majesty , and shall ever make good to the uttermost with our lives and fortunes . in a declaration and protestation of the lords and commons assembled in parliament , setting forth the cause and ends of their taking up armes , to this kingdome and to the whole world ; octob. 22. 1642. are these words , viz. we the lords and commons in this present parliament assembled , doe in the presence of almighty god for the satisfaction of our consciences and the discharge of that great trust which lies upon vs , make this protestation and declaration to this kingdome and nation , and to the whole world . that no private passion or respect , no evill intention to his majesties person , no design● to the prejudice of his just honour and authority , engaged vs to raise forces , and take up armes against the authors of this w●rre , wherewith the kingdome is now inflamed ; and we have alwayes desired from our hearts and souls , manifested in our actions and proceedings , and severall humble petitions and remonstrances to his majesty , professed our loyalty and obedience to his crown , redinesse and resolution to defend his person , and support his estate with our lives and fortunes to the uttermost of our power , &c. a declaration of the lords and commons , in answer , &c. concerning the allegations that the army raised by the parliament is to murther and depose the king , we hope the contrivers of the declaration or any that professeth but the name of a christian could not have so little chari●y as to raise such a scandall , especially when they must needs know the protestation taken by every member of both houses , whereby they promise in the presence of almighty god to defend his majesties person , the protestations made by the members of both houses upon the nomination of the earle of e●●ex to be generall , and to live and die with him , is exprest that this army was raised for the defence of the kings person . in the solemn league and covenant , for reformation and defence of religion , and honour and happinesse of the king ; thus having before our eyes the honour aend happinesse of the kings majesties person and his posterity , we shall sincerely , really and constantly , through the grace of god , endevour in our several places and callings , to preserve and def●nd the kings majesties person and authority , in the preservation and defence of the true religion and liberties of the kingdom , that the world may beare witnesse with our consciences that we have no thoughts or intentions to diminish his majesties just power and greatnesse , &c. and it appeared not unto v● to be consistent with the publike faith of the houses in those decl●rations , nor with other obligations which we have laid upon our selves by these oa●hes , covenants , & prote●●ations ; to hazard ▪ the deposig of the king from his crown & dignity , much lesse the losse of his life upon the making of a breach upon the matter in difference . 2. we could not but foresee the apparent losse of the kingdom of ireland and extirpation of english protestants , and of the protestant religion out of that kingdom into the hands and power of pa●ists in arms there . we cannot but believe our tendernesse to make a breach of proceeding out of hearts desire to relieve and preserve the remnant of those poor protestants , which otherwise are like to be a prey to the popish rebels ▪ who are not satis●ied with the lives of many thousands of innocents ; whom they have already murthered , will justifie vs before god and men for what we have done in endeavouring to lay hold upon the grounds given vs towards the settlement of peace . 3. we could not but apprehend with fear , the great advantage to the popish and forraign interests , and the disadvantage to the protestant cause in this kingdom and throughout the world ▪ by a breach . the prince and duke of york the two next heirs to the crown and government of three kingdoms , both in for●aign par●s and under the 〈◊〉 direction . if the warre be stilll continued by the parliam●n● upon the matter in differenc● , it may be feared the prince may marry with the daughter of a popish king ostrengthen himself both at land and sea by forraign alliance ( to which the right of his inheritance to three kingdoms , is a faire invitation ) unto which the popish interest in ireland prevailing , giving such an advantage , together with the assistance of the papists in this kingdom ; what can be expected for vs but to be certainly the the seat of warre , and in great danger to be brought under a popish yoak ? which we beseech almighty god to keep us from . 4 : it is obvious that a breach made at this time upon the grounds afore-mentioned , as it will divide vs amongst our selves , hazard the losse of ireland ; so it is like to lay a foundation of a perpetuall breach betwixt these two kingdoms of england and scotland . if there should bee any thought of change of government here , how contrary are their declared principles both of their state and church thereunto ? the king of england is king of scotland , and they are under allegiance and covenants for the preservation of the kings person and his posterity as well as we : what diff●rences are l●ke to ensue betwixt the kingdomes , by government against gov●rnment , perhaps title against title , and one kingdom against the other ? and this kingdom being the more wealthy , most probable to bee the seat wherein all the tragick sceans and contentions betwixt both kingdoms shall bee acted ; & what have we in reason or conscience before god or man to beare us out against these many and eminent hazards ? wee had consideration of the vast debts which the kingdome lies under , and for which the publique faith stands ingaged . of which wee see no hope of payment , but by a settlement . what vast summes of money are owing to this army , and to all the souldiers in the kingdom ? what multitude of extream sufferers in this city ▪ and in every county of the kingdome , by what they have lent to , and lost for the parliament ? who by the continuance of the warre are onely like to bee paid with more sufferings and exactions , upon what is yet left them : and every yeers warre is like to make new malignants through discontenting pressures ; destroy more families ; increase the publique debt to be paid ; and withall increase the kingdomes wants , and make it the lesse able to pay , untill at last the souldier seeing no hope of pay , the people no hope of peace , but generall and desperate tumultuousnesse , fall amongst both , by laying hold of what is now agreed might bee prevented , the king having agreed to what is satisfactory for the payment of publique debts , and damages , which yet may in good measure bee performed to satisfie the souldiers , lenders , and sufferers , and ingage them to the interest of our peace . lastly , when we cast our eyes upon all parts of the kingdome , the present scarcity in the countries , the povertie and disorders in our cities ; or when wee look at sea , and behold our navy divided ; our merchants robbed ; our trade decayed , confusion threatning us on every side , these made our bowells yerne within us , and call aloud upon us to improve the season and advantage offered by this vote . before wee conclude this point , wee must give answer to an objection which they insinuate ( to aggravate the passing this vote , by us in these words , viz. although the king had finally denyed such things , from some of which by their covenant ( whereto they had pretended so much zeal ) and from others by their publique faith given , they were obliged nos to recede . by which this paper seems to glance at the proposition for abolishing of arch byshops , byshops , &c. for sail of their lands , and for settling the presbyterian government . we cannot but observe its said their coven●●t ( and not the covenant ) to which they pretended so much zeal . is it not their covenant who have taken it as well as ours ? we say we took the covenant without any equivocation , or mental reservation ; and by gods assistance have endeavoured and shall indeavour to continue faithfull therein , although they seem here to scorn both it and us . if they make this objection with any sincerity here , what is meant in the third page of their paper by these words viz. div●ns of those whose principles were more complyant to a closure with the king upon satisfaction in the particular matiers especially concerning the form of religion and church government which they mainly aff●ct●d . there they suggest that wee fall in with malignants to obtain the church government , which wee affect , and here they insinuat : that we break the covenant in not insisting more for it . but for the covenant , wee say the kings answer takes away church government by arch bishops , bishops , &c. by taking away their courts , and so farre takes away their power of ordination that it can never be revived again , but by an act of parliament : so that episcopacy is divested of any actuall being by the law of the land , and instead thereof the presbyterian government is put into possession by a law for three yeares . and wee say , that the king having granted the rest of the propositions and so much in this , the covenant doth not oblige us to make warre upon this point to gaine what wee desired after the three yeares , and shall really and constantly endeavour to obtain in our places and callings . nothing could have made the kingdome more irreconsileable to the presbyterie then to have made that the sole obstruction of the peace , and state of warre● and it is evident ( except wee should put out the eye of our reason ) that besides the hope we might have of his majesties comming neerer to us in this point , and in the covenant it selfe , upon our comming neerer to him in the absolute concluding and declar●ng of peace ; the parliament , by what is granted already , is put into a better capacity for setling presbytery by a perpetuall law , then ( as things now stand ) they can reasonably presume of by the continuance of warre . the power of the sword apparently threatning not only the destruction of this government of the church ▪ but the being of the church ( if almighty god prevent not ) by striking at the foundations of our faith , contemning conscientious ministers and ministery it self , taking away their maintenance ; obstructing the reformation of the universities ; slighting of learning ; and professedly promoting a most licentious toleration for all manner of errors , heresies , schismes and prophaness in the kingdome . this being our present condition , we hope we shall be sufficiently cleared from the least suspition of declining in our zeal to the covenant , which we have taken , in what we have done . for the publick faith passed upon the sale of bishops lands ▪ we say , that though the purchasers might have afforded to have give● the same rates for their purchases , if they might have had them assured to them by act of parliament●for 99 years , and such moderate ●ents reserved , as the king ●●timated in his answer : yet , according to his answer , expressing further a satisfaction to be given to them ; we should not have consented to any such act of parliament , for setling the remainder in him , and ensuring the said rents , until the purchasers ( who were in possession , and still held by the same title , under which they bought them ( should be satisfied . and in case they should not be so satisfied , we were not by the said vote concluded from insisting further for a full confirmation of their purchases , having never actually agreed with the king upon any such terms ; but prest● it is the last to get a full confirmation thereof , and only voted that this was a sufficient ground to proceed further . and now we appeal to the purchasers themselves , whether we ought to have made an absolute breach upon this point , or thereby should have performed our publique faith to the whole kingdome and themselves . as to what is said , that the corrupt majority would not lend an eare to admit a thought towards the laying down their own power , or rendring it back to the people from whom they received it . wee answer , that this is an unreasonable objection , by them who endeavours to perpetuate an army upon the kingdome : nor is the continuance of this parliament objected at large : but that we are not willing to render our power back again to the people , by which means ( as their other papers and actions tell us ) a new representative made by the army ; so that the complaint in effect is , that we are not willing to render the power put into us for the government of the kingdome , into the hands of the army ; which , wee con●esse , wee think wee ought not to doe . but as there is little doubt to be made that before an absolute conclusion of peace with the king , an act might have been had for putting a period in short time to this parliament : we for our parts , when the kingdome should had been in quiet possession of these propositions by acts of parliament , upon the conclusion and settlement of peace ; there are no persons living would be more desirous then our selves to put a period to our service in parliament , and leave it to the care of succeeding parliaments to preserve what , this hath gained to our posterity . wee should have ended this point here , but for one objection more ; which is made by their other papers against any agreement with the king , viz. that whatsoever the king grants in this treaty hee may plead force to breake it , and that for any thing can bee discovered , hee is like to use his endeavours to spoile us , by policy of what we have gained by the expence of so much bloud . for answer hereunto : we say first , that this objection lies against any agreement with the king , though hee granted all the houses desired or could desire ; and against any agreement betwixt king and people after a warre made . it can hardly be imagined , after such differences , but that for sometime animosities will remain , and a disposition in those who thinke they have lost any part of their power to regain it ) it being naturall to all men in power to increase their power ) that this objection lay as strong against all former treaties with his majesty for peace after the warre began , and against the declared end of the parliaments warre , ( and of all just warre ) a good peace with his majesty . but more particularly wee say , that the weight of this objection , depends only upon an uncertain conjecture of what may or may not bee hereafter , and the former experience , which this kingdome hath had in keeping such agreements , made in the heat of former differences , strengthened us against the feare of the danger of it . and though sometimes the kings of this realme , and particularly this king , have adventured to weaken their owne grants for a time , yet they have ever beene regained with advantage , obtained and enjoyed in the times of peace . the usuall means whereby any of the kings of this land have made encroachment upon the good laws granted to the people , and their own agreements , have been either by placing corrupt judges , or other ministers in the courts of justice . who , though they could not abrogate the law : yet they have made it speak against it self , and their good for whom it was made , or else by the power of preferring corrupt courtiers to honour and profit , to stop the course of justice by the councell-table for a time . both these meanes are taken away from this king , by what is agreed on in this treatie . the first , in the proposition placing the choice of officers in the parliament ; whereby as they have the lawes they desire , so they have the choice of the judges and officers that must administer them . and the second , in the proposition barring the king from making any new lords for the future to vote in the house of peeres , without the consent of the houses . which are a strong security against a politicke , as the m●litia in the houses is against a forceable breach of this agreement . lastly , we say , that it cannot be expected of any agreement should be made for peace settled after such a civil war , without some hazard of violation or interruption . but whether the hazards and dangers be a breach upon such termes as are now in difference betwixt the houses propositions and the kings answer , be not more and greater , and whether ( in case endeavours should be used hereafter to violate this agreement ) the parliament might not then with more justice , and greater advantage draw the sword , then they can now keepe it unshathed upon the matter in difference : wee leave it to all sober minded men to judge . and to what is said , that they wanted not good intelligence , that had they been suffered to meet all in the house but once more , it was designed to have passed some higher resolutions to lay further foundations of such new quarrell , so as to carry therein the name and countenance of parliamentary authority together with the kings , and acceptable pretence of peace , to draw men in , and then to have adjourned the parliament for a long time , the exclusion of all remedy in the case but by another warre . wee say the house at the passing vote upon the kings answers immediately appointed a committee to goe to the generall and conferre with him and the officers of the army , to keepe a good understanding betwixt the house and the army . which shewed the full intent of the house to proceed by all amicable wayes with them , not by force , but by reason . which they were so far from attending unto , ( as in duty and conscience they ought to have done , and to which the lord generall promised his readinesse , however it was hindered afterwards . ) that they seized upon one of the commissioners appointed to treat with them ; affronted another of them , and left no way for any conference , that might have given them the the grounds of the houses proceedings ; which gives grounds of suspi●ion , that they were resolved to do what they had designed , whatsoever the houses had endeavoured to the contrary . thus we have the more largely opened the thoughts of our hearts for their satisfaction ( if it be possible ) and especially for the satisfaction of those that intrusted us in what we have done upon the result of this treaty , and in passing that vote d●●●mb . 5. that the answers of the king to the prepositions of both houses , are a ground for the house to proceed upon for the settlement of the peace of the kingdome ; for which wee are charged to betray our trust ; to bee selfe-servers to complect her in our wicked designs , and the like , for betraying our trust , as our faithfulnesse hath appeared by our services and sufferings ; so wee hope it will not be accounted belonging our trust to endeavour the obtaining of a just peace ; and for serving our selves , our owne hearts beare us witnesse , that wee had not respect in this vote , or any private byasse towards our selves : so all that know what threatnings were cast into the house , in the anmi●s remonstrance and declarations in the entrance upon this debate , what power of the army was then in this city , what language was commonly spoke amongst the souldiers ? what guards we then had , will judge that we had more cause to be byassed by fear● from doing our duties , then at that time to thinke to serve our selves by such a vote as this , to which nothing but the forceable impulse of our consciences for the discharge of our duties could have led us . and we now appeale even to the consciences of those , even the army themselves ( although souldiers ) whose advantages arise by warre , are not altogether the most competent judges of constitutions for peace . ) whether this were to bring in the king upon his owne termes , or upon the kingdomes termes ? whether the sixt and last particular of their account , be ground of necessity to warrant their extraordinary course in secluding us from the house ; carrying us along the streets of this city by their souldiers , as if wee were their captive slaves ; and to imprison our persons , and reproach our names . and to what they say in the close , that these members , who are yet detained in custody , they are either such who have beene formerly impeached , and ( in part ) judged by the house for treason , and other crimes , and never acquitted ; and against whom , they can , and very shortly shall produce new matter of no lesse crime , or else such who have appeared most active and united in councells with them , against whom also they are preparing , and shall shortly give matter of particular impeachment . wee say , as wee doubt not but by what wee have said already , wee yet stand cleare in the judgements of all men that are guided by the rules of religion , lawes , or reason ; so when all , or any of us know what are those new crimes , they say they can charge some of us with ; and what those charges are , they say they are preparing for others ; and when we know who those some and others are , we doubt not but they will make their innocency and integrity appeare against those crimes and charges which they have either in pretence , or in preparation against them . lastly , the army who hath done this against us , and have strengthened their hands to pursue it ; say , they appeal● to god : and wee also appeale unto god ( who is our strength , and besides him wee have none other to cleare our innocency , and protect us from violence . if in what we have endeavoured , wee may bee instrumentall to the settling of this kingdom in a safe and well grounded peace ( wherein truth and righteousnesse may flourish ) if we may contribute to the saving of ireland ; the union betwixt the kingdomes of england and scotland ; the peservation of the parliament ; the government , and lawes of the land ; the true protestant religion , and the liberties of the people : wee have our hearts desire . but , if instead of union and peace in the three kingdomes , the seeds of a longer and more wasting warre is sowne ; if in stead of reformation of religion 〈…〉 and 〈◊〉 〈…〉 and that government by the sword instead of law slavery and 〈◊〉 instead of liberty b●● our portion at the end of six yeares warre , ( which we tremble to thinke of ) wee shall humbly submit to the mighty hand of god , who in judgement for our sinnes , and the sinnes of the nation , reacheth out this cup of his sore displeasure to us . and in the midst of the greatest troubles , have this to comfort us , that we did our endeavours according to the best of our judgment and consciences towards the prevention thereof ▪ and for the settling this kingdome in a safe and well grounded 〈◊〉 . a list of the imprisoned and secluded members . imprisoned . maj. gen. rich. browne , col. john birch , thomas boughton , esq john ●ulkley , esq francis buller , esq sir henry cholmeley , sir john clotworthy , commissary lionel copley , john crew , esq francis drake , esq sir walter earle , knight . nathanul ●ines , esq sir gilbert gerrard , baronet . francis gerrard , esq thomas gewen , esq giles greene , esq sir harb●t . grimstone , baronet . sir rob. harley , kn. of the bath . col. edward h●rley , sir anthony i●by , knight . richard knightley , esq sir martin lister , knight . major robert harley . col. edward leigh . thomas lane , esq william lewes , baronet . sir samuel luke , knight . major gen. edward massey . sir john merrick , knight . sir richard ane●●●e , knight . henry pelham , esq william priestly , esq william prynne , esq sir robert pye , knight . sir benjamin ruddyard knight sir thomas soam● , knight . edward stephens , esq col. william strode . john swinfen esq charles vaughan , esq edward vaughan , esq sir william waller , knight . clement walker , esq thomas viscount w●nman ▪ william wheeler esq secluded . mr. p●regryne hobbye , mr. john holcroft , mr. george horner , mr. thomas hodges , mr. william jones , col. william jepson , sir norton knathpole mr. james cambell , mr. capell luckinge , sir martin lumley , mr. cha. pym , mr. henry peck , sir john pagrove , sir philip parker , sir william playters , mr. john pelham , s●r thomas pelham , sir n●vile p●●i , mr. edward pool , sr. edward 〈◊〉 , sir thomas parker , mr. tho. povy , mr. henry oxenden , mr. arthur anes●●o , mr. arthur owen , sir dudley north , sir robert needham , mr. john nash , sir nicholas martin , sir tho. middleton , mr. tho. middleton , sir oliver luke , sir william l●tton , mr. henry lucas , sir william lister , mr. john ash , mr. robert packer , mr. john harris , sir john seimor , mr. samuell vassall , sir robert napper , sir roger north , mr. tho. grove , mr. john selman , mr. herbert hay , mr. robert genner , sir john burgen , col. john barker , mr. john nelthorpe , mr. william outfield , mr. william ellis , mr. edward wingate , mr. john whadden , mr. thomas wa●●r , sir richard win , mr. richard winwood , sir edward askew , sir ralph ashton , mr. mathew allen , mr. john alford , mr. michael bi●ulfe , mr. peter brooke , col. ●●hn booth , mr. mor. bartow , mr. john buller , sir ambrose brown , sir thomas trever , mr. sim. thelwell , secluded . mr. thomas thinn , sir john temple , mr. thomas temple , mr. john thomas , mr. samuell terrick , sir humphry tufton , mr. edward thomas , sir . john corbet , edward lo. clinton , sir john curson , sir thomas dacres , col. william davies , mr. john dodrigde , mr. thomas earl , mr. william edwards , mr. charles rich , sir william spring , mr. simon snow , mr. thomas sands , mr. george scut , william lord fitz-william , mr. william hoxwist , col. john floid , mr. richard gennings , mr. thomus gell , mr. francis gawdey , mr. samuel gardner , mr. henry hungerford , mr. denzill ho●lis , sir francis hollis . with sundry others driven away . imprimatur , joh. langley . jan. 20. 1648 / 9. finis . notes, typically marginal, from the original text notes for div a91317e-200 2 sam. 21 2 , 3. page 143. page 663. 664. a soveraign antidote to prevent, appease, and determine our unnaturall and destructive civill warres and dissentions. wherein divers serious considerations tending to this purpose are propounded both to the king and subjects, the parliaments and sir iohn hothams proceedings at hull and in the militia justified, sr iohn hothams actions proved to be neither treason, felony, nor trespas, by the laws of the land, nor any just ground or cause at all for his majestie to rayse an army, or a most unnaturall civill warre in his kingdome. with a most serious exhortation both to the king and subjects to embrace and preserve peace and abandon civill warres, with other matters worthy of consideration. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91283 of text r19412 in the english short title catalog (thomason e239_6). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 84 kb of xml-encoded text transcribed from 20 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91283 wing p4086a thomason e239_6 estc r19412 99860664 99860664 158240 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91283) transcribed from: (early english books online ; image set 158240) images scanned from microfilm: (thomason tracts ; 41:e239[6]) a soveraign antidote to prevent, appease, and determine our unnaturall and destructive civill warres and dissentions. wherein divers serious considerations tending to this purpose are propounded both to the king and subjects, the parliaments and sir iohn hothams proceedings at hull and in the militia justified, sr iohn hothams actions proved to be neither treason, felony, nor trespas, by the laws of the land, nor any just ground or cause at all for his majestie to rayse an army, or a most unnaturall civill warre in his kingdome. with a most serious exhortation both to the king and subjects to embrace and preserve peace and abandon civill warres, with other matters worthy of consideration. prynne, william, 1600-1669. [2], 32 p. [s.n.], london, : printed in the yeare 1642. attributed to william prynne by wing. annotation on thomason copy: "august 18th". reproduction of the original in the british library. eng hotham, john, -sir, d. 1645 jan. 2 -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a91283 r19412 (thomason e239_6). civilwar no a soveraign antidote to prevent, appease, and determine our unnaturall and destructive civill warres and dissentions. wherein divers serious prynne, william 1642 14653 161 0 0 0 0 0 110 f the rate of 110 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2007-07 tcp assigned for keying and markup 2007-07 aptara keyed and coded from proquest page images 2008-02 elspeth healey sampled and proofread 2008-02 elspeth healey text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion a soveraign antidote to prevent , appease , and determine our unnaturall and destructive civill warres and dissentions . wherein divers serious considerations tending to this purpose are propounded both to the king and subjects , the parliaments and sir iohn hothams proceedings at hull and in the militia justified , sr iohn hothams actions proved to be neither treason , felony , nor trespas , by the laws of the land , nor any just ground or c●use at all for his majestie to rayse an army , or a most unnaturall civill warre in his kingdome . with a most serious exhortation both to the king and subjects to embrace and preserve peace and abandon civill warres , with other matters worthy of consideration . prov. 12. 20. to the counsellors of peace is joy . mat. 6. 9. blessed are the peacemakers , for they shall be called the children of god . london , printed in the yeare 1642. a soveraign antidote to prevent appease , and determine our unnaturall and destructive civill-wars and dissentions . the present deplorable condition of our bleeding and almost expiring kingdom , machinating its owne unevitable ruine by a causelesse , groundles civill warre , intended ( as the parliament informes us ) by the king , a ( seduced through pernicious councellors ) against the parliament and the kingdome , which intention is now apparant by his besieging of hull , and raising an army in the north , hath in a manner constrained me ( though altogether vnable for such a service ) to attempt the speedy redresse of this transcendent calamity , by propounding certaine materiall considerations , both to the king and kingdome , and then by examining ; whether there bee any just cause or ground at all on his maiesties part to levie warre against hull , the parliament , his people , especially whilest the civill-wars in ireland have continuance . to avoid prolixity and obscurity , i shall reduce my considerations unto these ensuing foure propositions , and the deductions from them . first , that it is the bounden duty of every good christian king and subject , to the uttermost of their powers , to preserve and maintaine the peace and prosperity of the kingdomes wherein they live , and to prevent all civill wars and dissentions in them . this proposition being of greatest consequence , i shall be more prolix therein , and it is thus proved . first , by these generall precepts given by god , both to king and people , seeke peace and pursue it , psal. 34. 14. 1 pet. 3. 11. follow peace with all men , heb. 12. 14. as much as in you lyeth live peaceably with all men , rom. 12. 18. live in peace , be at peace among yourselves , &c. 2 cor. 13. 11. 1 thes. 5. 3. ephes. 4. 3. col. 3. 15. rom. 14. 19. have peace one with another , mar. 9. 50. secondly , more particularly by the 1. tim. 1. 2. i exhort therefore , that first of all , prayers , intercessions , and giving of thanks be made for all men , for kings , and for all that are in authority , that we may lead a quiet and peaceable life in all godlines and honesty : compared with ier. 29. 7. and seeke the peace of the city , whether i have caused you to be carried away captives , and pray unto the lord for it , for in the peace thereof shall yee have peace . thirdly , by that injunction of king david himselfe , given to all his people by divine command , psal. 122. 6. 7 , 8. b pray for the peace of jerusalem , they shall prosper that love thee , peace be within thy wals , and prosperity within thy pallaces , for my brethrens and companions sake , i will now say , peace bee within thee . fourthly , by that speech of good hezechia , isa. 29. 8. 2. king. 20. 19. good is the word of the lord which thou hast spoken , for there shall be peace and truth in my dayes . fithly , by the titles given to god and christ in scripture , where god is oft stiled , the god of peace , rom. 15. 33. c. 16. 10. 2 cor. 13. 11. phil. 4. 9. 1 thes. 5. 23. 2 thes. 3. 16. hebr. 13. 10. and christ the prince and king of peace , isa. 9. 6. heb. 7. 2. by the severall promises of god in scripture , to give his people peace in their land , to blesse his people with peace , to ordaine peace for them ; to keep them in perfect peace , &c. levit. 26. 6. psal. 29. 11. isa. 26. 3. 12. c. 32. 17. c. 59. 13. c. 55. 12. c. 66. 12. ezech. 34. 25. hag. 2. 9. zech. 8. 16. 19. by christs own legacy , who bequeathed his peace unto his people , iohn 14. 27. now if god be a god of peace , and christ a prince and king of peace , and both of them give and promise nothing but peace unto their people ; then kings , who are gods c vicegerents , & ought to imitate his example , must endeavour to be kings of peace , and study to the uttermost to preserve the kingdomes and subjects in perfect peace and prosperity , and not to make warre against them . sixthly , this is evident by two excellent speeches of david . psal. 78. 70 , 71 , 72. he chose david his servant , and tooke him from the sheep-fold ; from following the ewes great with young , he brought him to feed jacob his people , and israel his inheritance : so he fed them according to the integrity of his heart , and guided them by the skilfullnesse of his hands . by which text it is most most evident , that kings are not absolute d lords , but onely sheepheards or pastors of their people , set over them by god , not to worry or slay , but to feed , guide and seeke their e wellfare , in the integrity of their hearts , to rule them with all gentlenesse , care and vigilancy , provide for their security , isa. 40. 11. ezech. 34. 10. to 30. and if occasion be , to lay down their very lives for the safety of their flocks , as good sheepheards are willing to do . iohn . 10. 11. 15. and as king david desired to do , in this 2d . speech of his , worthy all princes consideration ; hee seeing the angell that smote the people , spake thus unto the lord , lo , i have sinned and dealt wickedly , but these sheep what have they done ? let thy hand i pray thee , be against mee and my fathers house , but not on the people that they should be plagued . 2 sam. 29. 17. 1 chron. 21. 17. answerable whereunto is that speech of the matchlesse governour moses ( most zealous for his peoples safety ) who desired god to blot him out of his booke , rather then to destroy the israelites under his charge for their sin of idolatry , exod. 32. 32. and when god said unto him , let me alone that i may consume them ; for they are a stiffenecked people , and i will make of thee a great nation : he utterly refused this offer , and continued expostulating the case with god in prayer in the israelites behalfe , beseeching him to turne from his fierce wrath , and to repent of the evill against his people , till hee caused god to repent of the evill which he thought to doe unto his people , exod. 32. 9. to 15. numb. 14. 11. to 21. o that all christian kings and princes were now so zealous of their peoples safety ( as in truth they ought to be ) they durst not then leavy warre against them , much lesse excite them to shed one anothers bloud . if these divine precepts and examples bee not sufficient to cleare this shining truth , i shall adde some humane authorities to ratifie it , and that both of pagans and christians : to begin with pagans resolutions , it was a worthy saying of f pelopidas , when , going forth to battle , his wife wished him to save himselfe , others ( quoth he ) are to looke to this , but a prince and emperour ought to take care how he may save his subjects , g a good prince ( writes q● . curtius ) esteemes the safety of his subjects more deare unto him then his owne life . it is an excellent observation of h seneca , that though all other bees have stings , which they leave in the wound yet the king among the bees hath no sting at all , for nature would not have him to be cruell , nor revengefull to his cost and therefore hath taken away his sting , and left his anger unarmed ▪ this should be a great example to mighty kings , let them be not ashamed to learne manners from small creatures , seeing the minds of men ought to be more moderate , by how much the more vehemently it may do harme : security is to be gained by mutuall security , &c. kings have one impregnable fortification , the love of their subjects ; which they shall then be sure of , when they deeme the common-wealth not to be theirs , but they to be the common-wealths . and he concludes thus , i there is no ornament more worthy and more becomming a princes highnesse , then that crown ob c●ves servatos , for preserving and saving his subjects : not hostile armes taken from the conquered , not the chariots of the barbarians died with blood not the spoiels gained in warre . many more instances of this nature , i pretermit for brevity , to passe from pagans to christians , k constantine the great was wont to say , that an emperour ought to spare , no not his owne members , for the preservation of the peoples tranquility . pope elutherius in his l epistle to our king lucius , the first christian king , about the yeare of our lord 169. writes thus to him . the nations and people of the kingdome of britaine are yours , which being divided , you ought to congregate and reduce into one , to concord and peace : and to faith , and the law of christ , and to the holy church , to cherish , protect , maintain , governe and defend them from injurious and malicious persons and enemies . a king is named from governing not from a kingdome ; thou shalt be a king whilest thou rulest well , which unlesse thou shalt do , the name of a king shall not remaine in thee , and thou shalt loose the name of a king which god forbid . finally to close up this proposition ; the kings of england ( and so the emperours with most other christian princes ) doth take this solemn oath , and make this serious protestation to their subjects at the coronation , m i will keepe peace and godly agreement intirely ( according to my power ) both to god , the holy church , the clergy and the people . by which oath they are obliged , under pain of highest perjury , to preserve the generall peace of the kingdome and people ; to avoid all civill warres , unlesse in case of their subjects open rebellion , not any otherwise to be suppressed but by a warre against them : and not to arme one subject , to assault or destroy another . neither is this a late devised oath , in henry the fourth his time , but king henry the first , king stephen , richard the first , king john , and henry the third , ( as mathew paris records in their lives ) tooke the same oath at their coronations , and promised faithfully to fullfill it , and all our other kings since have done the like . from this first proposition , thus aboundantly ratified , these conclusions necessarily ensue . first , that his majestie cannot without great sin and willfull perjury rayse a civill warre against the parliament and kingdome , and excite his loving subjects ( who have lived in peace for so many yeares , and are all of one nation , one religion , one flesh and blood ) without any just cause , most unnaturally to destroy and murther one another , and so to ruine their owne native countrey and undoe themselves and their posterity . secondly , that no faithfull subjects ought to foment or promote such an unreasonable , unnaturall civill warre , or give any assistance to it in the least degree upon any considerations whatsoever , but to the uttermost of his power by his prayers and all other lawfull meanes to prevent oppose and withstand it , for the preservation both of the king , kingdome , parliament , their own liberties , inheritances , lives , persons , families e●tates and religion , and to unite all their forces to ●●●inguish the ●●●ames of civill dissentions already kindled among us . thirdly , that those malignant spirits who counsell and instigate his majestie to a civill-warre against his parliament and people , are most unnaturall vipers , and traytours to their coun●rey , desperate rebells against god , and most execrable wicked persons , and so god himselfe hath proclaimed them to all the world , isa. 59. 5. to 10. they hatch cokatrice egges , and weave the spiders webb ; he that eateth of their egges dyeth , and that which is crushed breaketh out into a viper , their workes are workes of iniquity , and the act of violence is in their hands , their feet run to evill , and they hast to shed innocent blood , their thoughts are thoughts of iniquity , wasting and destruction is in their paths , the way of peace they know not , & there is no judgment in their goings , they have made them crooked paths , whosoever goeth therein shall not know peace . and rom. 3. 13. to 19. their throat is an open sepulere , with their tongues they have used deceit , the poyson of aspes is under their lips , their mouth is full of cursing and bitternesse , their feet are swift to shed blood , destruction and misery are in their wayes , and the ●ay of peace they have not known , there is no feare of god before their eyes . o , miserable unhappy princes who are advised , seduced by such pernicious counsellors ! o rash i considerate wretched people , who are besotted by them , so farre as to take up armes against their native countrey , to b●come their own , their brethrens , the parliaments , and kingdomes executioners , and thereby most * detestable traytours ! as all such who take up armes against the parliament are adjudged , to be in the parliament of 11. r. 2. the record whereof was published in print by order of both houses , may 27. 1642. to which i shall referre you . fourthly , that if the king against his oath and office , will without just cause make warre upon his parliament and kingdome , they may lawfully take up armes for the preservation of the kingdomes peace , and their owne just defence , for when the king who should protect them , will against the trust and duty of his royall dignity , set himselfe to destroy them ; they having no other protection , may justly protect and defend themselves , even as souldiers , children , wives , servants , may by the equity of all laws , lawfully by open force defend themselves against the bloody assaults and violence of their generalls , parents , husbands , masters , who seeke to take away their lives , though in all lawfull things they ought to be subject and obedient to them : if a king should causelesly run at a subject with a naked sword to kill him , the subject may lawfully put by his thrust and defend his life , which a king ha●h no power to take away , * but upon just grounds after a legall triall , and that in a legall , not an extraordinary way , much more then may the whole parliament and kingdome withstand a kings open causelesse hostility against them , to preserve themselves and the kingdome from destruction . this is evident even by divine authority , as namely by the example of david , who though a subject n tooke up armes and raysed an army to defend himselfe against king saul his soveraign , who causelesly made warre against him and sought his life , and though he still avoyded saul , and twice refused to hurt or murther his person , when he was in his power , because he was gods anointed : yet no doubt had saul assaulted him with his armie , he would have defended himselfe against him in battel : nay , this is manifest in an higher degree by that most observable passage in the 1 of samuel 14. 39. to 46. where when king saul had made a rash vow , that whosoever had tasted any thing that day , ( contrary to his command , whiles he pursued the philistines ) he should dye the death , though it were jonathan his sonne , who procured that victory and the lot fell upon jonathan , who did but tast a little honey on the top of his rod , who said , and lo i must dye for this ; saul answered , god do so , and more also , for thou shalt surely dye jonathan ; the people thereupon said to saul ( notwithstanding , he were their king , and had made two such solemne oaths ) shall jonathan die , who hath wrought this great deliverance in israell god forbid ; as the lord liveth , that shall not one haire of his head fal to the ground , for he hath wrought with god this day , so the people rescued ionathan , that he died not . here the people not only justly defend , but rescue jonathan , being an innocent from death , not onlie contrarie to the resolution , but vowes and oaths of their owne king , to put him to death , and so doubtlesse they would have defended themselves by force in the like case . there is a notable place to this purpose in the 1 of kings 12 , 13. to 25. 2 chron. 11. 1. to 5. where when the ten tribes ( through rehoboams following of the rash counsell of the young men ) revolted and rebelled against him , being their lawfull king , and made ieroboam king over them , rehoboam , as soon as he fled from them and came to ierusalem assembled all the tribe of iudah , and the house of benjamin , an hundred and fourscore thousand men , which were warriers , to fight against the house of israel : ( who rebelled and revolted ) to bring the kingdome againe to rehoboam the sonne of solomon . but the word of god came to shemajah the man of god , saying speake unto rehoboam the king of iudah , and unto all the house of judah and benjamin , and to the remnant of the people , saying . thus saith the lord , you shall not go up to fight against your brethren the children of israel , ( though rebells ) returne every man to his house , for this thing is from me . they hearkned therefore to the word of the lord , and returned to depart , according to the word of the lord , from going against ieroboam and their brethren . here god himselfe prohibits both king and people to raise a civill-warre against their brethren , though rebells and revol●ers in the highest degree , and they both lay downe armes hereupon for the present . and when rehoboam and abijah his sonne afterwards made warre upon them ; they did lawfully resist and oppose them , 1 kings 14. 30. c. 15 , 6. 2 chron , 12 , 15. and chap. 13. throughout . so the men on tirzah , being beseiged by king omri to take zimri , lawfully defended themselves for a time , 1 kings 16 , 17 , 18. and thus did those of bethmaachan against ioab , 1 sam. 20 , 14. to 23. to passe from scripture presidents . infinite are the examples in histories of subjects ( who by the very dictate law of natur , wch instructeth every creature to defend it selfe against unjust violence ) defended themselves in all ages against the assaults oppressions and groundlesse warres of their unnaturall princes . but the many late examples of this kinde of the protestants in france , germany , and bohemia , who have by open force defended their persons , estates , religion , against those popish kings and governours , who have causelesly levyed warre against them , ( which act of theirs all protestants affirme to be lawfull both by the lawes of nature , god and man ) and our owne domesticke examples of the long continued barons warres both in king iohns , o king henry the thirds , edward the seconds , and richard the seconds reignes who took up armes against these princes , for the just defence , preservation , and establishment of the laws and liberties of the kingdome ( which these princes contended to subvert ) even in times of popery ; which act of theirs , by the prelates , clergy and people of those times , and by all succeeding ages since ; was and hath been resolved , not onely lawfull , but p honest , just and honourable , and worthy eternal encomiums , by meanes whereof our kingdome hath quietly enjoyed those lawes and liberties , which they contended for , ever since , which otherwise had been long agone utterly lost , and the kingdome with them ; will aboundantly suffice to cleare and ratifie this conclusion , beyond all contradiction or excep●ion of any malignant spirits . fifthly , that it is lawfull and necessary for the parliament for the preservation of the kingdomes peace , and safety , its necessary defence , and the better prevention of civill-warres , to settle the militia , and secure the magazines of the realme by such meanes as may most effectually advance and accomplish this great much opposed worke , since his majestie hath refused to passe a bill to accomplish it . neither is this way of setling the militia a novelty , but the most ancient practice and custome of this kingdome , for it appeares by king * edwards lawes , that in his and former ages the lievtenants and supream commanders of the mlitia in every county , were elected ; per commune concilium , pro communi v●ilitate regni , per provincias et patrias vniversas , et per singulas comitatus , in ●leno fulkemots ▪ by the common-counsell , for the common utility of the realm ; through every province , countrey and county , in a full falkmoth or county court by the freeholders of the county . and if the freeholders in ancient times did thus in every county elect their lievtenants and captaines of their militia , to train and order them ; yea , and the high sheriffs too , who had the command of the whole power of the county , whom they then likewise elected as appeares by the same law of king edward ) by the same reason , and greater may the whole parliament in this case of necessity lawfully elect them now , without any impeachment to his majesties prerogative . sixthly that his majesties late commissions of array , to enforce one subject to take up armes against another , in effect to maintain a civill-warre , & to imprison those who refuse , contrary to the expresse letter of magna charta , c. 29. the late petition of right 3. caroli , ( in the answer whereunto his majestie professeth that it is his maxime , that the peoples liberty strengthens the kings prerogative , and that the kings p●erogative is to defend the peoples liberties : ) is directly q against the law , and his majesties coronation oath , as the parliament hath now lately proved it . seventhly , that to disswade and divert his majestie from this civill-warre , and shedding the blood of his innocent subjects , will be a most acceptable and meritorious service both to god , the king himselfe , and the whole realme . to god it must be so because he is a god of peace , abhorring all unnaturall civill-warres , as is formerly demonstrated . to the king himselfe it must be so , because it will exempt him from the guilt of perjury in violating his oath , from the guilt of innocent blood and murther , in causing his people causelesly to sheath their swords in one anothers bowells ; and from many other sinnes and mischiefs . to the whole kingdome it must be so , which desires peace and unity , & abhors the very thought , much more the sight of an unnaturall civill-warre , which will now in all probability , as things stand abroad and at home procure aboundance of misery , if not utter ruine both to king and people . when r david by reason of nabals churlish answer , had taken up a peremptorie resolution , by the morning light to slay every one of nabals houshold that passed against the wall abigail nabals wife hearing of it , went & met david and his army in his march to do this execution and by her presents and prudent speech , diverted him from this his resolution . whereupon david said to abigail , 1 sam. 25. 32 , 33. blessed be the lord god of israel which sent thee this day to meet mee , and blessed be thy advice , and blessed be thou , which hast kept me this day from comming to shed blood and from ave●ging my selfe with mine own hand . o , that some discreet man or woman , could now divert his majestie from his intended civill-warre against hull , the parliament and kingdome , as abigail here did david , cert●●nely it would cause his majestie upon due consideration , to breake out into davids words , and to blesse both god , their advice , and them , for keeping him from shedding his owne subjects innocent blood , & from avenging hims●●lfe with his own hand ; neither of which becomes a gracious prince and may prove destructive both to himselfe , his people , and kingdomes . the second proposition . the second proposition is this : that the king ought not to deny or deferr justice or right to any of his subjects , much lesse to the whole kingdom . this is manifested both by the expresse words of magna cha●ta c. 29. nul●● vendemus , nulli negabimus vel differemus justisiam v●l rec●●● and by many excellent statutes since , as 2 e. 3. c. 8. 14 e. 3. c. 14. 20 e. 3. c. 1 , 2. 1 rev. 2. cap. 11. it will then be worthy his majsties serious second thoughts to consider . first whether his voluntary withdrawing himselfe from his parliament to york , ( which hath much retarded , if not wholly frustrated all parliamentary proceedings , since for the safety and wel-fare both of this kingdome and 〈◊〉 ) be not an apparant violation of this part of his royall duty . secondly , whither his peremptory refusall to passe some necessary usefull acts for the good of the whole realme ●pon a pretended discontent against the parliament and sir iohn hot●am , and a private vow ( as some report ) not to passe any act whatsoever , till he received justice in parliament against sir iohn hotham , for the businesse of hull , and his refusall to settle the militia , for the safety of the kingdome by act of parliament , or otherwise , be not an apparant breach of this trust and parcell of his kingly office . thirdly , whether his detaining of the lord keeper and great seale at yorke , whereby many subjects processes , and causes have been delayed , their suites retarded , and some of them quite lost , be not an apparant deviation from this proposition . fourthly , whether his absolute denyall to disclose the accusers & informers against the lord of kimbolton , and other 5 parliament men , that so they might acquit themselves , and have right and justice against them for their malicious false suggestions , runs not point blank against this irrefragable proposition , and be not a flat denyall of common right and justice to those eminent persons . fifthly , whether it be not an apparant uiolation and denying of justice , for his majestie to proclaime sir iohn hotham a traytor , and demand judgement against him as such a one before his cause was rightly stated , or resolved to be treason by any court of justice , or the parliament . sixthly , whether his majesties raysing of a civil-warre at this very season in england , his beseiging of hull , with his slighting and opposing the parliament in open declarations , even now during the heat of the bloody warrs in ireland ( by meanes whereof those irish rebells are exceedingly encouraged , the protestant party and our soldiers there much discouraged , and the parliament now quite disabled to supply them with provisions of ammunition and money which they want , by means whereof the rebells ( now halfe subdued are like to regaine the forts they formerly lost , and in time wholly to conquer that kingdome : and so utterly to extirpate the english nation and protestant religion thence ) be not a reall tacit denying and delaying of ayd right and justice to that distressed bleeding kingdome , which now lyes and calls to his majestie and the parliament for present succours and supplies , which this now civill-warre will in all probability totally frustrate to the great advancement of papists and roman religion . if all these particulars upon serious deliberation prove crosse to this proposition & his majesties regall office , i presume his graciousnesse , his royall love to right and justice , and his compassion to almost expiring ireland and england , is such that he will speedily redresse all former errors of this kind , put a speedy period to our domesticke civill-warres , and move him never to run into the like exorbitances againe . the third proposition . the third proposition , that his majestie hath no such private or particular interest in the forts and townes or magazines of the realme , as the subjects have in their lands and goods , to give sell , or dispose of them at his pleasure , but onely a publique interest by way of trust , for the defence and preservation of the kingdome , and the security and tranquility of his people . a truth worthy consideration , when ignorance and incredulity hath lately occasioned many grand inconveniences and mistakes . this is most apparant by this familiar demonstration , for as much as the king hath no right or interest in these forts , towns , or magazines , as he is a private person , but only in right of his crowne , as he is king of england , and the publique minister or servant of the kingdom to provide for its security and tranquility in times of warre or danger , and its prosperity in times of peace . wee all know , that by the law of the land : the king cannot sell or alien the lands or revenues of the crowne , yea our law-books and judges have resolved , ſ that the king by his will cannot demise any of his lands : t that though the king make a will and give legacies of his own private goods which hee hath , yet he cannot demise the iewells , plate , coronets and goods of the crowne . and if the u king hath the body of a ward , the temporalities of a bishop by way of sequestration in his possession , or right to present to a church that is void , and make his executors and dye , his executors shall not have the ward , temp●●●lties , or presentation though chattles , as a common persons executors shall have but the succeeding king . so if subsidies be granted , and the king dye before they are l●vyed , his executors shall not enjoy them , though a chattle ; but his successor . so the successor king , not the kings executors shall have all his ships . ordinance , powder armes and ammuni●ion , though chattles , because they are not the kings , but kingdomes and purchased with the kingdomes money 1 eliz. x cap. 19. 1 ●ac . c 25. because the king hath not only his lands but even these very chattles in right of his crown as king not as a private person , for the benefit of the kingdome . when king iohn most unworthily ( with the consent of some of his barons ) resigned his crowne and kingdome of england to the pope . p●●lip the french king though his enemy , declared this act void . y because no ki●g nor prince can give away the kingdome , which is the common-wealths , and all the noblemen of france there present , begun to cry with one voyce , that they would sta●d to this truth even to death . this matter of this kings grant made to the pope , being proposed and discussed in full parliament in the 40 yeare of edward the third , z vpon full deliberation the prelates , dukes , earles , barons , and commons answered , and resolved with one accord ; that neither the said king john , nor any other , can put him , nor his re●lme nor his people under such subjection without their assent , and as by many evidences it appeareth ▪ if it were done , it was done without the ra●●●nt and contrary to his owne oath at his coronation and besides this , the dukes , earles barons , gentlemen and 〈…〉 accord and agree , that in case t●e pope shall enforce or attempt by proc●s or by any other manner of d●ing t● constraine the king or his subiects to performe this ( as it is said hee will ) these parties wi●● resist wi●● all their puissance so that by the resolution of this whole parliament , the king cannot grant away his whole kingdome , without his p●oples consent , in parli●ment , and by the selfe same reason not any part , parceil , towne , or fort thereto belongi●g th●y being the kingdomes , not the kings owne right . the civilians of forraign parts disputing of the pretended donation of constantine the great of rome , italy , and supreame jurisdiction there , to the pope , resolve this a donation void , because the emperou● by law cannot give away any of his empire it being contrary to his coronation oath : wherein hee sweares , b to maintain the dignities and rights belonging to the empire that he 〈◊〉 impa●re the goods and state of the empire , but keepe inviolable the rights of his kingdome , and the honour of his imperiall crowne . by vertue of which oath , they hold the emperour strictly obliged in duty both to god and the empire , to take to themselves , not onely all those large and faire territories , which the pope hath taken , either by force or fraud inv●ded ; decking himselfe with the eagles plumes ; but specially they ought to resume that dominion in those very lands which the pope now challengeth as his owne , by force of this forged grant . c baldus a learned civilian writes : that the doctors of the law determine , that constantines pretended donation neither is nor possibly can be of force , to passe away , either the propriety or supreame dominion in these territories , or the imperiall jurisdiction over them . for to say that the emperour would by his donation mutilate , or cut away the members of the empire is a kinde of folly . d arctine not onely assents to baldus , but much commends his judgment therein , baldus ( saith he ) doth elegently teach , that the emperour cannot give away any quotient , neither a third , nor 4th . part , nor halfe of his empire . whereby baldus meanes , that the empire being an intire and universall power , the emperour by giving ought , ceaseth not to be universall lord of all belonging to the empire . e lucas de penna , is very pregnant in this point . the royalties of the empire ( writes he ) cannot be alienated from the emperour . yea , though the emperour should sweare , that hee would not revoke such royalties as were alienated to the preiudice of his crowne and dignity , yet notwithstanding this his oath hee might recall such alienations , because the emperour sweares at his coronation , to keepe safe the honours and rights of his kingdome : ●ut by alienating his demaines and territories , he doth not preserve but impaire the imperiall rights . f albericus de rosate is copious in this case . let us see ( saith he ) whether constantines donation could be of force to pre●udice his successors , accu●stus holds it could not , so doth john de parisiis , and he gives this reason thereof : because none deputed to an office , may do ought against his own office . but it is against the office deputed to the emperour , to impaire his empire , or cut or take away any part from it . for by the same reason that he cuts away one part , he may cut away also another , and so may his successors , and so the empire at last should be b●ought to nothing , and utterly destroyed which is against the publique good , and the end why the empire is ordained ; whereupon i doe believe , that the foresaid donation by law cannot be of ●orce to prejudice the empire or the successors . the same doctrine is delivered for law by boetius epon herric . qu. qu. 3. nu . 43. quest . 5. nu . 19. 27. 34. by didacas coverrumius practic . qu. c. 4. nu . 1. by franc. vargas . de author . pontifi axiom . 1 num. 2. gulielmus , benedictus , caralus , degrossatus ▪ felinus , with others . all which i have cited , to shew the concurrence of the civill with our common law in this particular , and to resolve all opposites in this point , who scruple at it . first , from all these premises it is apparant ; 1. that the case of sir iohn hotham , and the towne of hull , was not rightly stated by his majestie in his declaration sent in a message to both houses , the 21. of may . 1642. to wit , that his majesty hath the same title to his towne of hull , which any of his subjects hath to their houses , or lands , and the same to his magazine and munition there , bought ( as he saith ) with his own moneyes . when as many , or most of the armes there , were against law , violently taken away from the subjects in essex , and other counties ( who bought them with their own moneyes ) without paying any consideration for them , and the other was purchased with the g kingdomes money , with which his majestie was but intrusted which any of his subjects have to their money , plate , or jewells , and therefore that they ought not to be disposed without his consent , no more then the house , land , money , plate or jewells of any subject ought to be without or against their remonstrance in answer to that declaration , may 26. page 4 , 5 , 6. to which i shall referre you secondly , that the king having no interest in hull , or the magazine there , but only as king and the publique minister o● the kingdome , for the kingdomes use and benefit , and the preservation of its security and peace , it is and was lawfull , for the whole kingdome assembled in parliament , ( upon probable grounds and informations and proofes that his majestie seduced by some pernitious enemies to the kingdomes tranquility , intended to seize upon this i owne and magazine by surprise , thereby to let in forraigne forces , and raise a civill-warre against the parliament and kingdom to the disturbance of the publique peace and hazard of the realmes of england and ireland , and contrary to the publique trust reposed in him , ( the breach whereof doth in some sort determine it for the present ) to turne those arms and ammunitions provided for his subjects safety , upon them to their destruction ) to seize upon and secure them for the present , for the prevention of this danger and abuse of them , the kingdomes better security ( the true ends for which this town and magazine was first fortified and provided : ) and that without any danger of treason and disloyalty in them or their agents , imployed in this service . neither is this any new case , for both in the well knowne h barons warrs in this realme , and late stirs in scotland , the barons and scots seised upon the kings townes , castles and ammunition , for the security and peace of these severall kingdomes , without any danger or charge of treason . and if it were no treason in the scots within these two yeares to seize upon all or most of his majesties townes , forts , magazines and ammunition in scotland , and on new-castle in england , for the common peace and safety of their kingdome and prevention of civill-warrs , i as his majestie and the parliaments both of scotland and england have resolved , why should it be treason or felony in the parliament or sir iohn hotham their agent , peaceably to possesse themselves of the towne and magazine of hull , for the safety of the realme the prevention of civill-warres and preservation of the publique peace , when as they keep them onely for his majesties and the ●ingdomes use and are ready to redeliver them into his majesties actuall possession , if they may be secured : that they may not be misimployed against them . if a constable or any other person breake into another mans house and take away his sword and 〈◊〉 〈◊〉 , and arrest him to preserve the peace and prevent murther , he may by the common law ●ustifie this act , and detaine the others weapons till the fray be over , and the peace secured ; yea , if a man should detaine his majesties sword or pistoll from him , in case he intended causelesly or unjustly to murther any of his subjects with it , till his wrath were past , i presume it would be neither treason , felony , nor any illegall misdemeanor , much lesse can it be any treason , or offence in the parliament , or sir iohn hotham their instrument , upon just suspitions to possesse themselves of the towne and magazine of hull , in a peaceable manner , and to sequester and detaine them from his majestie for a season , till they may have good assurance , that neither of them shall bee misimployed , by the instigation of mischievous counsellors , to the hurt or destruction of the kingdome , and them , as they are informed wars are intended to be . but more of this hereafter in deduction 4. thirdly , admit the case of hull and the magazine there , such as his majestie puts it , yet then by his majesties argument , every subject hath as good and firme an interrest , and property in his owne goods , lands , houses , as his majestie hath in his towne of hull , or his magazine . by what law or justice then hath his majestie seised lately upon his subjects armes and magazines in divers counties , bought with their own moneys , for their own private , and the publique defence of the realme against theeves and forraigne enemies , and forceably taking them away without paying for them , and now imployed them in a civill-warre , against hull and his subjects ? doubtlesse the parliament may with farre more justice and equity , seize upon the publique magazine of the kingdome , and hull ( a frontire towne well fortified ) for the security of the realme , and prevention of civill-warres , then his majestie seize upon his subjects armes and magazines of powder to make a civill warre . and seeing the armes at hull were many of them violently and illegally taken from the subjects without consideration , why the parliament may not lawfully seize them to restore them to their owners , who have petitioned for them , i cannot yet discerne . fourthly , in cases tending to the common good and safety , even by the common law of the land , a man may lawfully commit a trespasse , and do an injury to another mans lands , houses , and inheritance without crime and offence : if an enemy invade the realme , a●y l generall captain or subject to resist them may lawfully enter into any other mans land , and there dig trenches build forts and sconces ( if they be necessary ) to resist the enemie : m yea , he may enter into any of the kings forts and townes which are onely for the publique good ( as the experience of all ages testifie ) without any previous speciall licence ▪ yea fortifie and defend them : because it tends to the safety of the realme and common good to which all privat interests , and much more the kings publique in such cases must give place . upon this reason it is agreed in our n law-bookes , that fa●lowne or city be besieged , or indanger to be beleagured by an enemy , and the suburbs may endanger the taking thereof by yeelding harbor , or a convenient battry to them , the inhabitants or souldiers within the walls , may lawfully burne or destroy the suburbs for the townes or cities preservation , and the common safety . nay , if an house be on fire in a towne , men may iustifie the pulling downe thereof , and of the next adjoyning houses if there be cause , to prevent the burning of the whole towne , it being for the common good : yea , o fishers at sea may iustifie their going on other mens ground adjoyning to the sea , because their fishing is for the common profit of the whole realme . if then private persons , may thus legally prejudice other particular men in these cases in their lands and houses , for the common good , then much more may the whole representative body of the kingdome in parliament seize upon hull and the magazine there for a season ( being the common-wealths , and the kings onely in right of , and for the service of the kingdome ) for the publique peace and safety , and the prevention of civill-warres , without any danger of trespasse , much lesse of treason , in making sir iohn hotham their agent in this service : they having a common interest therein , since souldiers , citizens ; and other private persons may lawfully raise forts and trenches on others grounds , or pull down any houses and suburbs for the publique good , though they have no particular interest in their lands or houses , but onely a temporary common interest upon these publique occasions . the fourth proposition . the fourth proposition is this . that in all doubtfull cases of treason , not within the expresse letter and words of 25 e. 3. parl. 5. c. 3. neither the king himselfe , nor his iudges , but the parliament , and king in parliament , ( if hee will be there ) ought to declare and determine what act is treason , and what not . this is cleare by these expresse words of 25. e. 3. c. 3. of treason . and it is accorded , that if any other case , supposed treason , which is not above specified ( in this act ) doth ●appen before any iustices , the iustices shall ●arry without any going to judgement of the treason , 〈◊〉 the cause be shewed and declared before the king and his parliament , whether it ought to be judged treason or felony . which clause was afterwards ratified by 11 r. 2. c. 3. 1 h. 4. c. 10. and by 21 r. 2. c. 11. where judge thorning affirmes , that the declaration of treason not declared belongeth to the parliament , which part of declaring treason some hold is utterly taken away by 1 ma●●a . session . 1 r●s●al treason , sect. 20. ( which others deny ) and that no other treason is , or can be at this day ( unlesse by speciall act of parliament , ) but what is within the very letter of 25. ● . 3. c. 3. this being indubitable , these conclusions will necessarily follow . first , that neither his majestie alone , nor yet accompanied with his privy counsell or iudges , hath any legall power or right at all to declare or determine what is treason and what not , or to declare or adjudge any particular act to be treason , unlesse it be clearely within the expresse letter of 25 e. 3 , c. 3. therefore his majesties own private p declaration of sir iohn hothams act ( in seising the towne and magazine of hull , and his refusall to admit his majestie into the town when he came to dispossesse him of it ) to be treason , being out of the letter of the 25. ed. 3. and his proclaiming of him to be a traytour , must necessarily be both void and illegall . secondly , the kings judges and justices , even in courts of judicature , where they may finally determine and resolve what is law in all other cases neither can may , nor ought to declare and determine what is treason , and what is not , in any cases out of the very letter of 25. e. 3. but ought to resert to the parliament and receive a resolution from them whether it be treason or not . so are the expresse words of this act of 25. e. 3. and others since . if then the judges are thus to be resolved by the parliament onely , what is treason and what not , then there is no reason or sence , why the parliament should be sent to the judges to be advised and resolved by them , what is treason : or why the parliament should be taxed for voting sir iohn ●othams act not to be treason , without consulting first with the iudges to know of them whether it were treason or not . since the parliament in this case of treason , are to direct and resolve the judges , not the judges them . thirdly , both houses of parliament upon the kings appeale to them for justice against sir iohn hotham as a traytour , for not admitting him into hull , and upon sir iohn hot●ams letter to them , relating the truth of his whole carriage to the king in this cause , have acquitted sir john hotham , and q voted this act of his , ( warranted by the command of both houses ) not only to be no treason nor felony , but not so much as a misdemeanour , seeing all he did was only in discharge of the trust which the parliament had reposed in him , for the safety and peace of the whole kingdome and prevention of a civill-warre . since then the whole parliament , the onely proper judges of treason , upon the kings and sir iohn hothams severall appeales to them , have both voted and resolved sir iohn hothams act to be no treason , nor crime , nor he to be any delinquent , neither the king himselfe ( who oft professeth in his late declarations to rule and governe all his people onely according to the laws of the realme according to his oath ) nor his counsell , nor judges can by any proclamation or declaration , or by any judgement in any court of justice , which hath conusance of treason , declare this act of his to be treason , or him a traytour or offender . let all of them , and the whole kingdome both for the present and future , rest fully satisfied , and concluded by the ●arliaments votes and resolutions : whom our lawes declare , to be the onely proper judges of this cause pretended to be treason , and so sir iohn hotham must go scot-free . having thus passed through these foure propositions , and the deductions from them , i shall now draw towards a conclusion of this discourse . sir iohn hothams case and pulls truly stated and debated . the onely , if not principall pretence of his majesties late raysing an army in the north , and of a most sad and unseasonable civill-warre ( which if proceeded in , may soone prove destructive to all his majesties three kingdomes ) is sir iohn hothams seising on the towne of hull , and the magazine there by order from the parliament , for the peace and security of the realme , and his denying his majestie entrance into the towne , when he came to take possession of it : which acts his majestie hath in his proclamations and declarations , declared and proclaimed to all his subjects to be no lesse then high treason , and sir iohn ●otham to be a notorious traytour . the sole question then will be , whether these actions of sir john hotham be treason or not by the laws of the realm ? and under correction , i conceive it is as cleere as the noone-day sunne , that they are no treason . that his taking possession of this towne and magazine is no treason , no nor yet so much as a trespasse or offence in point of law , i have sufficiently demonstrated in the r premises . whether his denying his majestie to enter hull , and his keeping possession of it , be high treason , will there be the sole question , which before i shall determine , i shall truly state the case . ſ sir iohn hotham by order of both houses of parliament was enjoyned to keep possession of the towne and magazine at hull , for the prevention of civill-warres , and preservation of the peace and safety of the realme ( which some malignant spirits advised his majestie to seize on , and turne against the kingdome ) and not to deliver them up to any whatsoever , without their speciall order . the king on the 23 of aprill rode to hull , attended with about 400. horse , ( the duke of yorke and prince elector , being at that instant royally entertained by sir iohn hotham in the towne , who came thither the day before ) and required sir john hotham to deliver up the town into his hands . who perceiving his majestie to be accompanied with such force as might have mastered the garison of the towne , and having received intelligence of an intention to deprive him of his life , if the king were admitted , informed his majestie , of that trust reposed in him by both houses , that he could not admit him into the town without breach of that trust , and therefore humbly beseeched his majestie to give him leave to send to the parliament to acquaint them with his majesties commands , and to receive their directions thereupon ; which hee would do with all expedition . his majestie rejecting this answer , presently caused him and his officers to be proclaimed traytors before the towne walls , and dispatched a message to both houses , charging sir iohn hotham with high treason , aggravating his offence , and demanding justice against him . the parliament upon true information and stating of the case , the 28. of aprill 1642. resolved upon the question . that sir iohn hotham according to his relation , had done nothing but in obedience to both houses of parliament . that this declaring sir john hotham traytor , being a member of the house of commons , is an high breach of priviledge , and being done without processe of law , is against the liberty of the subiect , and the law of the land . this being the true state of the case ; i shall clearely manifest by the law of the land , this act of sir iohn hothams to be no treason , and he no traytor . it is irrefragably evident by the statutes of 1 e. 6. c. 12. and 1 mariae 1. session rastall treason 20. that there is no treason at this day but what is within the very letter of 25 e. 3. c. 3. all other treasons being repealed by these acts or expired . the question then will be , whether this case be within the very letter of 25. e. 3 ? certainely there is not one syllable in this act which concernes this case . the king pretends it is within these words , if any man do levy warre against our soveraign lord the king in his realme , that it is treason by the letter of this act. but here there is no levying of war , no act of hostility or war was exercised by sir io. hotham , against the k sir to . hotham was onely passive & defensive not active , he only denyed his majestie the possession of the town by order from parliament , to prevent warre and preserve peace and if he be a traytor , the whole parliament must be much more traytors who put him upon this service , qui●… plus peccat author quam actor , as our law determines . therefore this neither is , nor can be any leavying of warre against the king , or treason within this clause : this is most apparant by the statute of 5. and 6. ed. 6. c. 11. which because the detaining of the kings forts from him , was not within the words or intention of 25. ed. 3. did specially enact , that of any person or persons after the first of iune rebelliously ( marke the word ) do detaine keepe or with-hold from our soveraign lord his heires and successors , any of his or their castles , fortresses , or holds within this realme or any other the kings dominions or marches : or rebelliously keepe detaine or with-hold from his said highnesse his he●res or successors any of his or their ships , ordinances , artillery or other ammunitions or fortifications of warre , and do not obediently render and give up unto our said soveraign lord , his heires or successors or such persons as shall bee deputed by them , such castles , fortresses , fortilesses . holds , ships , ordinances , artillery , or other munitions , or fortifications of warre , rebelliously kept or detained within six dayes nex after they shall be commanded by our said soveraigne lord his ●eires or successors , by open proclamation under the great seale , the same proclamation to be made in such place and order , so as the party and parties to be charged by this act may conventently have notice or knowledge thereof , that then every such person or persons so offending in any the premises , their abbettors , &c. being lawfully convicted of the rebelliously keeping or detaining thereof according to the lawes and statutes of this realme , shall be adjudged traytors , and shall suffer paines of death , and lose and forfeit all their goods and chattles , lands and tenements unto the king , as in cases of high treason . this act makes the detaining of any of the kings castles , forts , &c. treason , but yet with these three limitations . first , that they must be rebelliously kept and with-held ; which hull was not , but onely by order of parliament for the kingdomes peace and safety . secondly , that they must be ●etained six dayes at least , after command to surrender them : but the king proclamed sir iohn hotham a traytour for not delivering up hull the same day and houre he demanded it , without giving him any respite , which is contrary to this act . thirdly , there must be a proclamation under the great seale to demand the forts and castles and the same proclamatio must be so made that those who detain them may have notice of it . but in this case there was no such proclamation made against sir iohn hotham but by an herald by word of mouth , and so no treason within the law , admit it were in force : but this law and clause ( which if in force might have given some colour to his majestie ) as all judges and lawyers resolve , was totally repealed by the statute of 1 mariae . r●stall treason 20. ( which expresly repeales all other treasons but those within the very letter of 25. e. 3. ) and so the detaining of any forts or castles at this day from the king is no treason because not within the words of 25. e. 3. chap 3. the onely standard and surviving law to judge treasons by . this statute of 5. ed. 6. c. 11. being repealed , and this case being not within the act of 25. ● . 3. the parliament in 14. eliz. was enforced to make a speciall law ( which was to endure only among the queenes l●fe , as appeares by the 〈◊〉 in it ) whereby they enact , that if any person or persons 〈◊〉 discover , do unlawfully 〈◊〉 or t●eir owne authority , ( which is none of sir iohn hothams case , who did nothing but by order of parliament ) compasse , imagine , conspire , or advise , 〈◊〉 wayes or meanes wit : fo●ce or craft &c. maliciously or rebel●iously ( which he did not but by authority of parliament ) to take , detaine , or keepe from the queene , any of her castles , towers , fortresses , or holds , &c. and do advisedly by any expresse word , speech , act , deed or writing , utter or declare his said malicious and rebellious intents , that then every pe●son or persons so offending in the premises , being thereof lawfully convicted according to the lawes of the realme , shall be adjudged a felon ● felons , and suffer paines of death as in cases of felony , &c. and if any person or persons , do at any time hereafter with force maliciously and rebelliously ( which is none of sir iohn hothams case , who did all by the parliaments command ) detaine , keepe or with hold from the queenes majestie any of her castles , towers , fortresses , or holds within the realme , or any of her dominions or countries , or marches of the same , or do maliciously and rebelliously or with force detaine , keepe or with-hold from her maiestie any of her ships , ordnance , artillery , or other munitions or fortifications of warrs , and do not render and give up the same to our soveraigne lady , or such persons as her majestie shall appoint to receive the same to her use within six dayes next after he or they so offending , shall be commanded by our soveraigne lady the queene , by open proclamation under the great seal of england , to be made in any place or market towne within the county where any such offence shall be committed , &c that then every person or persons so offending , their ayders counsellors and abbetters , being thereof lawfully convict according to the lawes of the realme shall have and suffer such paines of death , and also shall forfeit and lose , as in cases of high treason limitted and acustomed , by this expired act , which was to continue onely during the queenes life it is evident . first , that this detaining of the kings castles , forts , ships and ammunition , is no treason within 25. 6. 3. ( for then this law had beene idle and superfluous , especially being to continue , but during the queenes life ) and so there can be no treason at this day in sir iohn ●othams act . secondly , that no detaining or with-holding of such castles , forts , ships and ammunition is treason within these particular acts , but that which is done maliciously and rebelliously and continued six dayes after a proclamation under the great seale , and proclamed in the cou●ty , to deliver them up unto the queene , or her substitutes for her use . now sir iohn hotham detained hull , and denyed his majestie to seize and enter it , not maliciously and rebelliously , but in obedience to the parliaments command , which intrusted him to keepe it for the present both for the king and kingdomes use , for the prevention of civill-warres and danger to the realme , and the excluding of forraigne forces which might be landed there , neither did his majestie make any proclamation under his great seale , or give him six dayes space to deliver it up . therefore this act of his is and can be no treason , neither within the particular expired forecited acts were they in force , much lesse within 25. e. 3. which extends not to this case . and so his majestie was utterly mistaken in the law , in proclaming sir iohn hotham traytour , and declaring this act of his to be treason , of his owne head , without consulting with his judges or councell learned in the lawes , who would questionlesse have informed him ; that this act of his is now neither treason nor felony by the law , had he done it of his owne voluntary accord much lesse seeing he did it onely by the parliaments direction and command , as their servant for the common safety of the realme , exclusions of forraigne forces and artillery and prevention of an intended civill-warre , without any thought of the least disobedience or disloyalty to his majestie into whose possession he declared he was and is ever ready to surrender up the towne , as soone as the parliament shall command him . in a word the scot● late seizing upon all his majesties townes castles in scotland , and on new castle here , and detaining them against him after demands , hath by his majestie and both kingdomes in parliament beene tacitly if not expresly resolved and declared to be no treason , being done for the publique peace and safety of the whole realme of scotland and england . therefore much more must sir iohn hothams seising but of hull one single towne , and his detaining it for a season onely for his majesties and the kingdomes use , and the peace and safety of the whole kingdome , and that by the parliaments expresse command as their instrument , be adjudged no treason , felony , no nor misdemeanor . and since both houses of parliament the only proper judges of treason , to whom both the king & sir iohn appealed for justice , have upon full hearing and debating of the cause , voted and adjudged it , to be no treason or offence , and published these their votes in print to all the world , i cannot discerne , how by any law , his majestie , or his malignant counsellors , can possibly fasten any charge of treason , felony , or misdemeanour , on sir iohn ; but must all conclude him to be an innocent noble and weldeserving gentleman , for so faithfully and couragiously discharging the trust reposed in him by the parliament for the whole kingdomes peace and security , and his majesties safety too . as for his late drowning of the country about hull , to the spoile of much grasle , corne , and great prejudice of particular men , with which his majestie chargeth him in his last letter to the houses , it is onely for the better preservation and defence of hull for the common safety , and therefore he may by law justifie this act , even as men in times of warre may justifie the burning or demolishing of a suburb for the whole cities safety , and the making of forts and trenches in another mans ground , for to resist an invading enemy . which i have formerly proved lawfull by our law-bookes . moreover , this drowning was through his majesties owne occasion ( on whom the blame must originally rest ) who came to beseige sir iohn hotham as a traytour , and take hull out of his custody , ( contrary to the trust reposed in him by the parliament ) by force of armes with an army of horse and foote , to the open violation of the kingdomes peace , the endangering of the whole realme and parliament , against whom this warre is principally raised and intended , under pretext of being avenged of sir iohn hotham , who hath done nought but by the parliaments direction , as their servant , and trustee for the safe keeping of hull , not against the king , but onely for the king and kingdomes use , till it may without danger to the realme , by order of parliament be rendred up into his majesties actuall possession , who hath no particular right or title to it , but onely a generall as the kingdomes servant and trustee for the peoples safety , which is now endangered through his majesties listening to evill counsellours ; who whisper to him in private , and have engaged him in a civill-warre against his parliament and people , and not hearkening to his parliament , the graund counsell both of king and kingdome , whose publique impartiall advice , his royall progenitors have alwayes most highly esteemed , and followed ; and thereby made themselves great and honourable , and the kingdome happy . the conclusion . i shall now winde up all in a few words , i suppose i have made it most apparently evident to every indifferent mans judgement that sir iohn hothams forecited actions ( with which his majestie is so much incensed ) are neither treason nor felony by the laws of the land , ( by which his maiestie hath oft lately protested to rule , and be guided , the t kings of england by their coronation oaths being subject to their lawet , not their lawes to them ) and by the parliaments resolution , not so much as a misdemeanour or offence , but a lawfull act done by the expresse commands for the publique peace and safety of the realme and prevention of a civill warre . i appeale then to his majestie , to every english mans or other subjects conscience , and advise them all in the presence of god ( as they will answer the contrary at the great approaching day of judgement ) seriously to consider , and then resolve within their brests ; whether these inoffensive acts of sir iohn hotham , accompanied with all the praerecited circumstances , be a just and sufficient ground , to the king or any of his subjects , in point of conscience or policy ( especially in this season , when ireland is in danger of losing and england almost exhausted with necessary publique payments , with voluntary contributions and much d●●●acted and divided in it selfe ) to raise an unnaturally bloody civill warre against hull , and in it against the parliament and kingdome , by which the king and his par●isons will be by degrees so farre ingaged against the parliament and his kingdome , and they by way of just defence so farre engaged against the king and them ( without gods mercifull prevention ) that we shall all now ( after so long enjoyed peace ) most unnaturally sheath our swords in one anothers bowells , out one anothers throats , shed one anothers blood , burne , spoile , waste , destroy and prey upon one anothers houses lands , goods , possessions , make our whole kingdome a very field and sea of english blood , and in conclusion ( without gods interposing mercy ) utterly raine both our king kingdome , parliament religion our selves and our posterities and make our land a prey to popish forraigne enemies , who now rejoyce at our divisions , ( which they much foment ) and thereby hope to surprize and wholly conquer us ere it be long . and if our consciences answer us , ( as they will ) after full deliberation that thes● acts of sir iohn ●otham be no just cause or ground to warrant such unnaturall , bloody , fatall destructive civill war , o let us not then once venture or presume to take up armes against our owne deare native country which hath bred us , against the parliament who sit night and day , and spend both their fortunes time and spirits to redresse our grievances , prevent our immanent dangers , advance our happinesse and prosperity and preserve our long enjoyed tranquilitie ; against our deare loving brethren , kindred friends , and countreymen , who never did us the least injury , against our selves , our children , families , which a civill-warre may quickly ruine , nor yet to countenance , justifie or side with those unnaturall vipers , and unreasonable ●ottish brutes who either maliciously or inconsiderately foment , and promote such an unnaturall impious causelesse civill warre . but let us all put forth our utmost best endeavours , and powre out our fervent prayers to god to prevent and cease these civill combustions , to ayd and preserve our deare native countrey , kingdome , religion , the parliament our selves and our pos●erity against these malignant incendiaries , who seeke their utter destruction . o let no true bred english man or christian be so degenerous , so b●rbarous and brutish , as to become his owne , his deare brethrens posterities , countries , kingdomes bloody executioner , to do such disservice to his countrey in a few dayes or houres , which he shall with brinish teares repent for over ! i shall likewise humbly presume to beseech his majestie upon the bended knees of my soule , most seriously to consider all the premises , and if upon persual of them , there shall appeare no just or lawfull cause in point of conscience and true christian ( not machivillian ) policy , necessarily to enforce him to make a civil warre upon his kingdome , onely for the act of one particular subject , ( as is yet pretended ) which in truth amounts not by the law either to felony or treason , if to a trespasse or misdameanor , that then he would be most graciously pleased according to his oath , his royall duty , and many reiterated protestations , to preserve his people and kingdome in a sweet peace and blessed unity , to disband his present forces and tumultuous cavaliers , discard all bloody counsellors who have advised him to a most unnaturall unseasonable , dangerous civill warre , to returne with speed to london , and close with his great and best counsell , the parliament , for the preservation and present ayd of bleeding ireland , the setling and composing of his peoples present feares and distractions , the effecting of of a perfect thorough reformation and union in church and state the redresse of all remayning grievances , the advancement of truth of the flourishing estate of his three kingdomes , and his owne royall honour , revenues and greatnesse , which will eternally gaine his majestie the servent prayers , hearts , affections , purses , and ready service of all his kingdomes and subiects together with immortall honour , whereas if he shall still proceed in prosecution of this desperate civill warre against his people , kingdom , parliament , the guilt of all his subjects innocent blood , which shall be shed in this unnaturall causelesse warr , will light heavy upon his conscience , be required at his hands , and in conclusion both himselfe , his kingdomes and loyall people will be brought to the very extremity of misery . if not to utter ruine after such a long enjoyed flourishing peace both under his owne and his predecessors peaceably raignes . i shall conclude with that of the poet . u pax optima rerum homini novisse datum est ; pax vna triumphis , innumeris po●●r ; pax custodne salutem et cives aquare potens : te petimus omnes . o most gracious lord god , though thou justly plague us with thy other iudgements for our sinnes , yet give us not over to the sword , the forrest of all thy iudgements , an unnaturall bloody civill warre , but since thou art a x god of peace , and hast promised , y to give thy people the blessing of peace , ( which we of this land have now uninterruptedly enjoyed almost an hundred yeares together through thine extraordinary mercy ) do thou out of thy superaboundant goodnesse continue and z preserve us still in perfect peace whose hearts are stayed on thee . and let there be no end of our peace with thy heavenly majestie , with our owne consciences , and one with an●ther ( king with parliament , kingdome , and people and they with king ) till iesus christ the a prince of peace , his second coming , who shall give all his b everlasting peace and blisse in his coelestiall kingdome . amen , amen . finis . notes, typically marginal, from the original text notes for div a91283e-190 a in sundry declarations , and in certain propositions concerning the raising of horse , &c. b numb. 6. 26. c 2 chron. 9. 8. r●m . 1● . 1 , 2. 4. 6. d see 1 pet. 5. 2 , 3 , 4. e neh. 2. 10. 2 chron. 1. 10. 2 chron. 9. 8. 2 sam. 23. 3 , 4. f plutarchi apothegmata . g hist. l. 10. p. 486. h de clementia l. 1. c. 19. i ibidem . cap. 26. k zonarus annal. tom. 3. p. 117. l spelma●ni concil. p. 34. and in sundry other of our wri●ers . m see totles magna charta , 1571. the parliaments remonstrance 26. of may , 1642. p. 9 and his majesties answer thereto . p. 16. ●7 . conclusions deducted from the former proposition . * nullihostes digniores supplicio sunt quam ij qui contra patriam arma sum unt . 〈◊〉 ad qu. iretrem . * see 1 kings 21. throughout 2 kings 9. 25. exod. 1. 16. to 22. n 1 sam. 22. to 27. o see m●thew pa●●s , ho●●● , wa●singham , speed , stow , g●●ston , mathew westminster , 〈◊〉 , and others . p optin 〈◊〉 〈◊〉 〈◊〉 qui et omnibus laudibus 〈◊〉 , qui sua corpora pro 〈◊〉 〈◊〉 def●●sione peri●uris ab jecerunt , isocra●es p. 108. nihil est praestabilius viro ●orti , quam per●●u●●s patriam libera●e , cicero , pro an. milone , orat , mortes pro pa●●● appo●●ae , non so●u● glo●●● rheto●ibus , sed et●a● beatae v●der . solent . cre●●o . ●ust . quaest . lib. 2. * see cookes 〈◊〉 on magna char●a , f●l . 17● , 175. and leges edwardi regis cap. de her●tochijs in lamberds archion . q see the commons declaration concerning the commission of array iuly 1. 1641. wh●re it is fully proved . r 1 sam , 25. ſ ●5 . h. 6. 19. fitz. devise 5. t m. ● . h. 5. fitz executors . 108. u 〈…〉 fitz qu. imp. 35 55 , 5● . 11● . 118. 189. live y. 23. prese 〈…〉 1. x ● , e. 4 , 45 , b , y mathew paris hast min●r ; in ioan. dr , crakenthorpe of the popes temporall monarchy , c. 2. p●ge 13● . to 25● . z ro , p●rl . an. 40 , l , 3. nu , ● . a see doctor crakenthorps defence of constantine c. a●d p 〈◊〉 13 to 175. b mat. paris anno 1●10 . p. 306. baldus in pro●●● de feud , nu . 32 lu●a● de penu● , cod. de omni agro de●e●●● quicunque desertum : f. 185. col , ● . c in pro●● mi●●● feud . nu . 32 , 33. d in rubric . 〈◊〉 verbo oblig●t . e col. de omni 〈◊〉 ser●● . l. qu. 〈…〉 f de 〈◊〉 cunq . prae , 〈◊〉 . l , bene a zenone . nu . 4. f. ● . c. 4. deduction● from hence . g see 1 eliz. c. 19. 1 iacobi . c. 33 , h see mathew paris , holinsheed , speed , graston and others , in the lives of king iohn , henry 3. ed. 2. rich. second . i see the acts of pacification 12. h. 8. 2. 22. e. 4. 35. l. 1 h. 7. 7. 5. h. 7. 6. ba●●e . 〈◊〉 , l 8 p. ● . 23. br. custone , 145. m 29 h. 8. dyer . 36. 6. br. trespas , 406. n ●3 , h. 8. 16. 9 e. ● . 35b . br. trespas 406. o 8 e. 4. 1● . fi●z . barr. 93. p see his majesties answer to the declaration may 4. 1642 p 3. 10. 11. q see the printed votes . r proposition third ●e●uction 2. 4. and elsewhere . ſ see the declaration and votes of the house in sir iohn hothams case , which they there truly state , aprill 28. 1642. t see stephen gardiners letter to the lord protector . fox acts and monuments first edition p. 741. b. where he affirmes ( that he being ambassador to henry the 8. in the empeperours court , did there in a case of iewells defend and maintaine by commandement of the king ) that the kings of this realme were not above the orders of their lawes . u silius italicus . pan. bella● . l. 11. f. 142. x heb. 19. 20 rom 15 33. y psal. 29. 11. z is●y 26. 3. a isay . 9. 6. b isay . 51. 11. c. 61. 7. the second part of a seasonable legal and historical vindication, and chronological collection of the good old fundamental liberties, franchises, rights, lawes, government of all english freemen; their best inheritance and onely security against all arbitrary tyranny and ægyptian taxes. wherein the extraordinary zeal, courage, care, vigilancy, civill, military and parliamentary consultations, contests, to preserve, establish, perpetuate them to posterity, against all tyrants, usurpers, enemies, invaders, both under the ancient pagan and christian britons, romans, saxons. the laws and parliamentall great councils of the britons, saxons. with some generall presidents, concerning the limited powers and prerogatives of our british and first saxon kings; ... are chronologically epitomized, ... by william prynne of swainswick, esquire. seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, rights, laws of all english freemen. part 2 prynne, william, 1600-1669. 1655 approx. 396 kb of xml-encoded text transcribed from 76 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a91269 wing p4072 thomason e820_11 estc r203292 99863286 99863286 115477 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91269) transcribed from: (early english books online ; image set 115477) images scanned from microfilm: (thomason tracts ; 125:e820[11]) the second part of a seasonable legal and historical vindication, and chronological collection of the good old fundamental liberties, franchises, rights, lawes, government of all english freemen; their best inheritance and onely security against all arbitrary tyranny and ægyptian taxes. wherein the extraordinary zeal, courage, care, vigilancy, civill, military and parliamentary consultations, contests, to preserve, establish, perpetuate them to posterity, against all tyrants, usurpers, enemies, invaders, both under the ancient pagan and christian britons, romans, saxons. the laws and parliamentall great councils of the britons, saxons. with some generall presidents, concerning the limited powers and prerogatives of our british and first saxon kings; ... are chronologically epitomized, ... by william prynne of swainswick, esquire. seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, rights, laws of all english freemen. part 2 prynne, william, 1600-1669. [76], 76 p. printed for the author, and are to be sold by edward thomas dwelling in green arbour, london, : 1655. signatures: [a]² b-k⁴ ² b-² k⁴ l² . the first leaf is blank. "a legall and historicall vindication of the fundamentall, rights, and laws of england. chap. iii" begins pagination on ² b1. annotation on thomason copy: "decemb: 19". reproduction of the original in the british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -constitutional history -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. 2007-07 tcp assigned for keying and markup 2007-07 aptara keyed and coded from proquest page images 2008-02 mona logarbo sampled and proofread 2008-02 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion the second part of a seasonable legal and historical vindication , and chronological collection of the good old fundamental liberties , franchises , rights , lawes , government of all english freemen ; their best inheritance and onely security against all arbitrary tyranny and aegyptian taxes . wherein the extraordinary zeal , courage , care , vigilancy , civill , military and parliamentary consultations , contests , to preserve , establish , perpetuate them to posterity , against all tyrants , vsurpers , enemies , invaders , both under the ancient pagan and christian britons , romans , saxons . the laws and parliamentall great councils of the britons , saxons . with some generall presidents ▪ concerning the limited powers and prerogatives of our british and first saxon kings ; the fundamental rights , liberties , franchises , laws of their subjects , the severe punishments of their tyrannicall princes on the one side , and of unrighteous vsurpers , traytors , regicides , treason , perfidiousnesse and disloyalty on the other ( recorded in our historians ) are chronologically epitomized , and presented to publick view , for the benefit of the whole english nation . by william prynne of swainswick , esquire . prov. 22. 28. remove not the ancient land-markes , which thy fathers have set . 2 sam. 10. 12. be of good courage , and let us play the men for our people , and for the cities of our god ; and the lord do that which seemeth him good . dan. 7. 25 , 26. and he shall think to change times and laws , and they shall be given into his hand , until a time and times and the dividing of times . but the judgement shall sit , and they shall take away his dominion , to consume and to destroy it unto the end . london , printed for the author , and are to be sold by edward thomas dwelling in green arbour , 1655. errata . in the epistle p. 2 : l , 38. r. 1540. p. 5. l. 10. r. secure , p. 9. l. 2. 5. r. s. p. 10. l , 37. r. kings , queenes , p. 16. l , 3. dele they . p. 19. l. 2. 1502. r. 1602. p. 22. l. 1. proceeding , p. 24. l. 20. oath of supremacy ; p. 25. l , 24. for this : p , 27. l , 4. r. 1653. p. 35. l. 20. r. and our religion from , &c. p , 47 : l , 18 : constantius : l , 26 : for , if : p , 51 : l , 2 : & p , 52 : l , 37 : twenty four , r. fourty two : margin . p. 20. l. 1. whether . in the book , p. 2. l. 19 , 20. r. each single , p. 39. l. 19. dubricius , p. 41. l. 11. quod , p. 47. l. 13. christianismum , p. 53. l. 29. reservations , p. 62. l. 9. by r. of , p. 64 l. 20. subditos , p , 67 : l , 23 : dat , r eat . p. 71. l. 31. r. schoole , p. 72. l. 27. dele a. margin . p. 55. l. 29. r. eventibus . to all truely christian free-men of england , patrons of religion , freedom , parliaments , who shall peruse this treatise . christian reader , it hath been one of the most detestable crimes , and highest impeachments against the antichristian a popes of rome , that under a saint-like religious pretext of advancing the church , cause , kingdom of jesus christ , they have for some hundred yeers by-past , usurped to themselves ( as sole monarchs of the world in the right of christ , whose vicars they pretend themselves to be ) both by doctrinal positions and treasonable practises , b an absolute , soveraign , tyrannical power over all christian emperours , kings , princes of the world ( who must derive and hold their crowns from them alone , upon their good behaviours at their pleasures ) not onely to excommunicate , censure , judge , depose , murder , destroy their sacred persons ; but likewise to dispose of their crowns , scepters , kingdom● and translate them to whom they please . in pursuance whereof , they have most traiterously , wickedly , seditiously , atheistically , presumed to absolve their subjects from all their sacred oaths , homages , natural allegiance , and due obedience to them , instigated , encouraged , yea , expresly enjoyned ( under pain of interdiction , excommunication , and other censures ) their own subjects , ( yea own sons sometimes ) both by their bulls and agents , to revolt from , rebel , war against , depose , dethrone , murder , stab , poyson , destroy them by open force , or secret conspiracies : and stirred up one christian king , realm , state , to invade , infest , destroy , usurp upon another ; onely to advance their own antichristian soveraignties , usurpations , ambition , rapines , worldly pompe and ends : as you may read at leisure in the statutes of 25 h. 8. c. 22. 28 h. 8. c. 10. 37 h. 8. c. 17. 13 eliz. c. 2. 23 eliz. c. 1. 35 eliz. c. 2. 3 jacob. c. 1 , 2 , 4 , 5. 7 jacob. c. 6. the emperour frederick his epistles against pope gregory the 9. and innocent the 4. recorded in matthew paris , and * others , aventinus annalium boiorum , mr. tyndal's practice of popish prelates , the second homily upon whitsunday ; the homilies against disobedience , and wilful rebellion ; bishop jewels view of a seditious bull ; john bale in his lives of the roman pontiffs ; doctor thomas bilson in his true difference between christian subjection , and unchristian rebellion ; doctor john white his sermon at paul's cross , march 24. 1625. and defence of the way , c. 6 , 10. doctor crakenthorpe of the popes temporal monarchy ; bishop morton's protestants apology ; doctor beard 's theater of gods judgements , l. 1. c. 27 , 28. doctor squire of antichrist ; john bodin his common-wealth , l. 1. c. 9. the learned morney lord du plessy , his mystery of iniquity , and history of the papacy . the grimston's imperial history . matthew paris ; holinshed , speed , cambden , and others , in the lives of henry the 3. queen elizabeth , and other of our kings , and hundreds of printed sermons on the 5 of november . the principal instruments the popes imployed of late years , in these their unchristian treasonable designes , have been pragmatical , furious , active jesuites , whose society was first erected by ignatius loyola , ( a spaniard by birth , but a c souldier by profession ) and confirmed by pope paul the 3. anno 1640 , which order consisting onely of ten persons at first , and confined onely to sixty by this pope , hath so monstrously increased by the popes and spaniards favours and assistance ( whose chief janizaries , factors , intelligencers they are ) that in the year 1626. d they caused the picture of ignatius their founder to be cut in brass , with a goodly olive tree growing ( like jesses root ) out of his side , spreading its branches into all kingdoms and provinces of the world , where the jesuites have any colledges and seminaries , with the name of the province at the foot of the branch , which hath as many leaves as they have colledges and residencies in that province ; in which leaves , are the names of the towns and villages where these colledges are situated : round about the tree are the pictures of all the illustrious persons of their order ; and in ignatius his right hand , there is a paper , wherein these words are ingraven , ego sicut oliva fructifera in domo dei ; taken out of ps . 52. 8. which pourtraictures they then printed and published to the world : wherein they set forth the number of their colledges and seminaries to be no less , then 777. ( increased to 155 more , by the year 1640. ) in all , 932. as they published in like pictures & pageants printed at antwerp , 1640. in these colledges and seminaries of theirs , they had then ( as they print ) 15591 fellows of their society of jesus , besides the novices , scholars , and lay-brethren of their order , amounting to neer * ten times that number . so infinitely did this evil weed grow and spread it self , within one hundred years after its first planting . what the chief imployments of ignatius and his numerous swarms of disciples are in the world , his own society , at the time of his canonization for a romish saint , sufficiently discovered in their painted pageants , then shewed to the people , e wherein they pourtraied this new saint holding the whole world in his hand , and fire streaming out forth of his heart , ( rather to set the whole world on fire by combustions , wars , treasons , powder-plots , schismes , new state , and old church-heresies , then to enlighten it ) with this motto ; veni ignem mittere : i came to send fire into the world : which the university of cracow in poland objected ( amongst other articles ) against them , anno 1622. their number being so infinite , and the f pope and spaniard too , having long since ( by g campanella's advice ) erected many colledges in rome , italy , spain , the netherlands , and elsewhere , for english , scotish , irish jesuites , ( as well as for such secular priests , friers , nuns ) of purpose to promote their designs against the protestant princes , realms , churches , parliaments of england , scotland , ireland , and to reduce them under their long prosecuted h universal monarchy over them , by fraud , policy , treason , intestine divisions , and wars , being unable to effect it by their own power ; no doubt of late yeers many hundreds , if not thousands , of this society , have crept into england , scotland and ireland , lurking under several disguises ; yea , an whole colledge of them sate weekly in counsel , in or neer westminster , some few yeers since , under conne the popes nuntio , of purpose to embroyle england and scotland in bloody civil wars , thereby to endanger , shake , subvert , these realms , and destroy the late king ( as you may read at large in my romes master-piece , published by the commons special order , an. 1643. ) who occasioned , excited , fomented , the first and second intended , ( but happily prevented ) wars between england and scotland , and after that , the unhappy differences , wars , between the king , parliament , and our three protestant kingdoms , to bring them to utter desolation , and extirpate our reformed religion . the kings forces ( in which many of them were souldiers ) after some yeers wars being defeated , thereupon their father ignatius being a souldier , and they his military sons not a few of them i secretly insinuated themselves as souldiers , into the parliaments army and forces , ( as they had formerly done into k the kings ) where they so cunningly acted their parts , as extraordinary illuminated , gifted brethren , and grand states-men , that they soon leavened many of the officers , troopers and common souldiers , with their dangerous jesuitical , state-politicks , and l practises , put them upon sundry strange designes , to new-mould the old monarchical government , parliaments , church , ministers , laws of england ; erecting a new general councel of army-officers and agitators for that purpose ; acting more like a parliament then souldidiers . and at last instigated the army by open force ( against their commissions , duties , oaths , protestations , and solemne league and covenant ) to impeach , imprison , seclude , first eleven commoners ; then some six or seven lords ; after that , to seclude seclude the majority of the commons house , suppress the whole house of lords , destroy the king , parliament , government , priviledges , liberties of the kingdom and nation , for whose defence they were first raised , which by no other adverse power they could effect . this produced new bloody divisions , animosities , wars , in and between our three protestant realms , and nations ; and after with our protestant allies of the netherlands , with sundry heavy monthly taxes , excises , oppressions , sales of the churches , crownes , and of many nobles and gentlemens lands & estates , to their undoing , our whole nations impoverishing , and discontent , an infinite profuse expence of treasure , of protestant blood both by land & sea , decay of trade , with other sad effects in all our three kingdoms ; yea , sundry successive new changes of our publique government , made by the army-officers , ( who are still ringing the changes ) according to campanella's and parsons platforms . so that if fire may be certainly discerned by the smoke , or the tree commonly known by its fruit , as the truth it self resolves , mat●h . 12. 33. we may truly cry out to all our rulers , as the jews did once to the rulers of thessa●onica , in another case , act. 17. 6. those ( jesuites ) who have turned the world upside down , are come hither also , and have turned our kingdoms , kings , peers , monarchy , parliaments , government , laws , liberties , ( yea , and our church and religion too , in a great measure ) upside downe , even by those very persons , who were purposely raised , commissioned , waged , engaged by protestations , covenants , vows , oathes , laws , allegiance and duty , to protect them from these jesuitical innovations and subversions . those who will take the pains to peruse all or any of these several printed books ( most of them very well worth their reading ) written against the jesuites and their practises as well by papists as protestants , as namely , fides jesu & jesuitarum , printed 1573. doctrinae jesuiticae praecipua capita , delph . 1589. aphorismi doctrinae jesuiticae . 1608. cambitonius , de studiis jesuitarum abstrusioribus . anno 1609. jacobus thuanus passages of the jesuites . hist . l. 69 , 79 , 83 , 94 , 95 , 96 , 108 , 110 , 114 , 116 , 119 , 121 , 124 , 126 , 129 , 131 , 132 , 134 , 136 , 137 , 138. emanuel meteranus his passages of them . belgicae hist . l. 9 , 17 , 18 , 19 , 21 , 23 , 26 , to 34. willielmus baudartius , continuation meterani , l. 37 , 38 , 39 , 40. donatus wesagus , fides jesu & jesuitarum , 1610. characteres jesuiticae , in several tomes . elias husenmullerus , historia jesuitici ordinis , anno 1605. speculum sive theoria doctrinae jesuiticae , necnon praxis jesuitaram , 1608. pasquier his jesuite displayed . petrus de wangen , physiognomia jesuitica , 1610. christopherus pelargus , his novus jesuitismus . franciscus de verone , his jesuitismus sicarius , 1611. narratio de proditione iesuitarum in magnae brit. regem , 1607. consilium de jesuitis regno poloniae ejiciendis . the acts of the states of rhetia , anno 1561 , and 1612. for banishing the jesuites wholly out of their territories , ne status politicus turbaretur , &c. mentioned by fortunatus sprecherus , palladis rheticae , l. 6. p. 251 , 273. melchior valcius , his furiae gretzero , &c. remissae , 1611. censura jesuitarum , articuli jesuitarum , cum commonefactione illis opposita , anti-jesuites , au roy , par . 1611. variae doctorum theologorum theses adversus quaedam jesuitica dogmata . the remonstrance of the parliament of paris to henry the great against the re-establishment of the jesuites ; and their censure of mariana his book , to be publickly burnt , printed in french , 1610. recited in the * general history of france , in lewis 13. his life , and peter matthew , l. 6. par . 3. historia franciae . variae facultatis theologiae & curiae parisiensis , quam aliorum opuscula , decreta & censurae contra jesuitas , paris 1612. conradus deckerus de proprietatibus jesuitarum , 1611. quaerelarum inclyti regni hungariae adversus corruptelas jesuiticas defensio . lucas osiander , his warning about the jesuites bloody plot , han. 1614. jesuitarum per unitas belgii provincias negotiatio , anno 1616. rodulphus hospinianus , historia jesuitica , 1619. bogermannus his catechismus jesuiticus . ludovicus lucius , historia jesuitica , basil . 1627. arcana imperii hispanici , 1628. mercure jesuite , in several tomes , geneve 1626. de conscientia jesuitarum , tractat . censura sacrae theologiae parisiensis , in librum qui inscribitur , antonii sanctarelli societatis jesu , de haeresi , schismate & apostatia , &c. paris , 1626. anti-cotton ; ioannes henricius , deliberatio de compescendo perpetuo crudeli conatu jesuitarum , fran. 1633. a proclamation of the states of the united provinces , anno 1612. and another proclamation of theirs : with two more proclamations of the protestant states of the marquesate of moravia , for the banishing of the iesuites , london 1629. alfonsi de vargas toletani , relatio ad reges & principes christianos , de stratagematis & sophismatis politicis societatis iesu , ad monarchiam orbis terrarum sibi conficiendam : in qua iesuitarum erga reges & populos optimè de se meritos infidelitas , ergaque ipsum pontificem perfidia , contumacia , & in fidei rebus novandi libido , illustribus documentis comprobatur , anno 1641. iubilaeum , sive speculum iesuiticum , exhibens praecipua jesuitarum scelera , molitiones , innovationes , fraudes , imposturas , et mendacia , contra statum ecclesiasticum politicumque , in & extra europeum orbem ; primo hoc centenario , confirmati illius ordinis instituta et perpetrata , ex variis historiis , inprimis vero pontificiis collecta , anno 1644. ( a piece worth perusing ) or else will but cast their eyes upon our own fore-cited statutes , and the * proclamations of queen elizabeth , king iames , and king charles against iesuites , and seminary-priests . a brief discovery of doctor allens sedicious drifts , london 1588. charles paget ( a seminary priest ) his answer to dolman , concerning the succession of the english crown , 1601. william watson ( a secular priest ) his dedacordon or quodlibets , printed 1602. now very well worthy all protestants reading . a letter of a. c. to his dis-iesuited kinsman , concerning the jesuites , london 1602. romish positions and practises for rebellion , london 1605. the arraignment of traytors , london 1605. iohn king bishop of london , his sermons on november 5. 1607 , 1608. king iames his conjuratio sulphurea , apologia pro juramento fidelitatis : & responsio ad epistolam cardinalis peronii . an exact discovery of the chief mysteries of the iesuitical iniquity : and , the iesuites secret consultations ; both printed london 1619. william crashaw his iesuites gospel , london 1621. william feak of the doctrine and practice of the society of jesus , london 1630. the many printed sermons of doctor john white , bishop lake , bishop andrews , doctor donne , doctor featly , doctor clerk , and others , preached on the fifth of november . lewis owen his running register , london 1626. his unmasking of all popish monkes and jesuites , 1628. and his jesuites looking-glass , london , 1629. john gee , his foot out of the snare , &c. london , 1624. with the jesuitical plots discovered in my romes master-piece ; and , hidden works of darkness brought to publick light , london 1645. shall see the jesuites and their seminaries charged with , convinced of , and condemned for these ensuing seditious , treasonable , antimonarchical , anarchical positions and practises ; for which their society hath by publick acts and proclamations been several times banished out of hungaria , bohemia , moravia , poland , the low countries rhetia , france , transilvania , sweden , denmark , the palatinate , venice , aethiopia , japan and turkey , as well as out of england , scotland and ireland , as most insufferable pests and traytors ; in many of which they have yet gotten footing again . 1. that at least fifty several prime authors of that infernal society of jesus , in several printed books ( which you shall finde specified in doctor john whites defence of the way , c. 5. 10. aphorismi jesuitarum : jubilaeum , or , speculum jesuiticum , p. 187 , 188. and the appendix to my fourth part of the soveraign power of parliaments , p. 187 , 188. ) have dogmatically maintained ; that the pope hath absolute power , not onely to excommunicate , but judicially to suspend , mulct with temporal penalties , depose , dethrone , put to death , and destroy any christian emperours , kings , princes , potentates , by open sentence , war , force , secret conspiracies , or private assiassinations , and to give away their crownes and dominions to whoever will invade them , by treason or rebellion , at the popes command : and that in cases of heresie , schisme , disobedience to , rebellion against the pope , or see of rome , male-administration , refusal to defend the pope or church against her adversaries , insufficiency to govern , negligence , tyranny , excesses , abuses in government , incorrigibility , vitiousness of life , and m necessity of the publick good , or safety of the church , state , or cause of god ; as antonius sanctarellus the jesuite particularly defines , in his book de haeresibus , schismatibus , &c. printed in rome it self , anno 1625. who affirms it to be , multum aequum & reipublicae expediens , ut sit aliquis supremus monarcha , qui regum hujusmodi excessus possit corrigere , & de ipsis justitiam ministrare : sicut petro concessa fuit faultas puniendi paena temporali , imo etiam , paena mortis , dictas personas ad aliorum correctionem & exemplum . ( whether the erection , title of , and proceedings against our beheaded king , in the late mis-named high court of justice , had not their original from hence ; and whether the army-officers derived not their very phrase , n of bringing the king to justice , with their pretended necessity of publick good and safety , for it , from these very jesuites , or their agents in the army ; let themselves , the whole kingdom , and all wisemen now consider . ) moreover , some of these fifty authors , ( as robert parsons the english iesuite in his philopater , sect. 2. and de officio principis christiani , chap. 5. affirm , that the whole school both of ( their ) divines & lawyers , make it a position certain and undoubtedly to be believed , that if any christian prince whatsoever , shall manifestly turn from the roman catholick religion , or desire , or seek to reclaim others from the same ; or but favour , or shew countenance to an heretick ( as they deem all protestants , and dissenters from the see of rome in any punctilio , such ) he presently falleth from , and loseth all princely power and dignity ; and that by vertue and power of the law it self , both divine and humane , even before any sentence pronounced against him by the supream pastor and judge , that thereby his subjects are absolved from all oathes and bonds of allegiance to him as to their lawful prince . nay , that they both may and ought ( * provided they have competent power and force ) to cast out such a prince from bearing rule amongst christians , as an apostate , an heretick , a back-slider , a revolter from our lord iesus christ , and an enemy to his own estate and common-wealth ; lest perhaps he might infect others , or by his example or command , turn them from the faith . and that the kingdom of such an heretick or prince , is to be bestowed at the pleasure of the pope , with whom the people upon pain of damnation , are to take part , and fight against their soveraign . out of which detestable , treasonable conclusions , most treasons and rebellions of late times have risen in the christian world ; and the first smoke of the gunpowder treason too , as iohn speed observes in his history of great britaine , p. 1250. 2. that the iesuites have frequently put these treasonable seditious , antimonarchical , jesuitical , damnable doctrines into practice , as well against some popish , as against protestant king , queen , princes , states : which they manifest , 1. by o their poysoning ione queen of navarre , with a pair of deadly perfumed gloves , onely for favouring the protestants in france , anno 1572. 2. by their suborning and animating p iames clement , a dominical frier , to stab king henry the 3 of france in the belly with a poysoned knife , whereof he presently died , anno 1589. for which they promised this traytor , a saintship in heaven . 3. by q cammoles the jesuites publick justification of this clement , in a sermon at paris anno 1593. wherein he not onely extolled him above all the saints , for his treason against , and murder of henry the 3. but broke out likewise into this further exclamation to the people : we ought to have some ehud , whether it be a monke , or a souldier , or a varlet , or at least a c●w-herd . for it is necessary , that at least we should have some ehud . this one thing onely yet remains behinde : for then we shall compose all our affairs very well , and at last bring them to a desired end . whereupon by the jesuites instigation , the same year 1593. one peter bariere , undertook the assasination of king r henry the 4 of france , which being prevented , and he executed , thereupon they suborned and enjoyned one of their own jesuitical disciples , john castle , a youth of 19 yeers old , to destroy this king : who on the 27 of december 1594. intending to stab him to the heart , missing his aim , wounded him onely in the cheek , and stroke out one of his teeth ; for which treasonable act , he was justified , applauded , as a renowned saint and martyr , by the jesuites , in a printed book or two , published in commendation of this his undertaking . yea , alexander hay , a jesuite privy to castle 's villany , used to say , that if king henry the 4. should pass by their colledge ( which he built for them ) he would willingly cast himself out of his window headlong upon him , so as he might break the king's neck , though thereby he brake his own . yet was he punished onely with perpetual banishment . after which jesuitical conspiracies detected and prevented , notwithstanding this king henry ( before these two attempts to murder him ) had by their sollicitations , renounced the protestant religion , professed himself a zealous romanist , recalled the iesuites formerly banished for the murther of henry the 3. * against his parliament and counsels advice , reversed all the decrees of parliament against them , razed the publick pillar set up in paris , as a lasting monument of their treasons and conspiracies ; built them a magnificent colledge in paris , endowed it with a very large revenue ; entertained pere cotton ( one of their society ) for his confessor ( who revealed all his secrets to the king of spain ; ) bequeathed a large legacy of plate and lands to their society by his will , and was extraordinary bountiful and favourable towards them ; yet these bloody ingrateful villains animated that desperate wretch , * ravilliac , to stab him to death in the open street in paris , anno 1610. albigni the iesuite , being privy to this murder , before it was perpetrated . 4. by their suborning , instigating sundry bloody instruments one after another to murder ſ william prince of orange , prevented in their attempts by gods providence , till at last they procured one balthasar gerard to shoot him to death with a pistol charged with three bullets ; the iesuites promising him no less then heaven , and a canonization among the saints and martyrs , for this bloody treason , as they did to iames clement before , for murdering the french king. 5. by t their poysoning of stephen botzkay prince of transylvania , v for opposing their bloody persecutions . 6. by their manifold bloody plots and attempts from time to time , to depose , murder , stab , poyson , destroy our famous protestant queen elizabeth , by open insurrections , rebellions , invasions , wars raised against her both in england and ireland ; and by intestine clandestine conjurations ; from which gods ever-waking providence did preserve her . amongst other conspiracies , that of patrik cullen , an irish frier ( hired by the iesuits and their agents to kill the queen ) is observable . x holt the iesuite , ( who perswaded him to undertake the murdering of her ) told him , that it was not onely lawful by the laws , but that he should merit gods favour , and heaven by it ; and thereupon gave him remission of all his sins , and the eucharist , to encourage him in this treason ; the chief ground whereof ( and of all their other treasons against this queen ) was thus openly expressed by iaquis francis , for cullens further encouragement ; that the realm of england , then was and would be so well setled , that unless mistris elizabeth ( so he termed his dread soveraign , though but a base landress son ; ) were suddenly taken away , all the devils in hell would not be able to prevail , to shake and oveturn it . which then it seems , they * principally endeavoured , and oft times since attempted , and have now at last effected , by those who conceit they demerit the title of saints ( though not in a romish calender ) and no less then heaven for shaking , overturning , and making it no kingdom . 7. by their y conspiracy against king iames , to deprive him of his right to the crown of england , imprison , or destroy his person : raise rebellion , alter religion , and subvert the state and government ; by vertue of pope clement the 8. his bull directed to henry garnet , superiour of the iesuites in england : whereby he commanded all the archpriests , priests , popish clergy , peers , nobles and catholikes of england , that after the death of queen elizabeth by the course of nature , or otherwise , whosoever should lay claim or title to the crown of england , ( though never so directly or neerly interessed by descent ) should not be admitted unto the throne , unless he would first tolerate the romish religion , and by his best endeavours promote the catholick cause ; unto which by his solemn and sacred oath he should religiously subscribe , after the death of that miserable woman ; ( as he stiled queen elizabeth . ) by vertue of which bull the iesuites , after her decease , disswaded the romish-minded subjects , from yielding in any wise obedience to king iames , as their soveraign ; and entred into a treasonable conspiracy with the lord cobham , lord gray , and others , against him , to imprison him for the ends aforesaid ; or destroy him , pretending , that king iames was no king at all before his coronation ; and that therefore they might by force of arms , lawfully surprise his person , and prince henry his son , and imprison them in the tower of london , or dover-castle , till they inforced them by duress , to grant a free toleration of their catholike religion , to remove some evil counsellors from about them , and to grant them a free pardon for this violence ; or else they would put some further project in execution against them , to their destruction . but this conspiricy being discovered , the traytors were apprehended , arraigned , condemned , and watson and clerk ( two iesuited priests who had drawn them into this conspiracy , upon the aforesaid pretext ) with some others , executed as traytors ; z all the iudges of england resolving , that king iames being right heir to the crown by descent , was immediately upon the death of queen elizabeth , actually possessed of the crown , and lawful king of england , before any proclamation or coronation of him , which are but ceremonies , ( as was formerly adjudged in the case of * queen mary , and queen iane , 1 mariae ) there being no interregnum , by the law of england , as is adjudged , declared , by act of parliament , 1 iac. c. 1. worthy serious perusal . 8. by their a horrid gun-powder treason plot ; contrived , fomented , by garnet ( superiour of the english iesuites ) gerard , tesmond and other iesuites ; who by their apostolical power did not onely commend , but absolve from all sin the other iesuited popish conspirators , and faux the souldier , who were their instruments to effect it . yea , the iesuitical priests were so atheistical , as that they usually concluded their masses with prayers , for the good success of this hellish plot , which was , suddenly , with no less then 36 barrels of gunpowder , placed in a secret vault under the house of lords , to have blown up and destroyed at once , king iames himself , the queen , prince , lords spiritual and temporal , with the commons assembled together in the upper-house of parliament , upon the 5 of november , anno dom. 1605. and then to have forcibly seised with armed men prepared for that purpose , the persons of our late beheaded king , then duke of york , and the lady elizabeth his sister ( if absent from the parliament , and not there destroyed with the rest ) that so there might be none of the royal line left to inherit the crown of england , scotland and ireland ; to the utter overthrow and subversion of the whole royal family , parliament , state and government of this realm . which unparallel'd , inhumane , bloody plot , being miraculously discovered , prevented , the very day before the execution , in perpetual detestation of it , and of the iesuits and their traiterous romish religion , ( which both contrived and approved it ) the 5 day of november , by the statute of 3 iacobi , ch . 1. was enacted to be had in perpetual remembrance , that all ages to come , might thereon meet together publickly throughout the whole nation , to render publick praises unto god , for preventing this infernal iesuitical design , and keep in memory this joyful day of deliverance ; for which , special forms of publick prayers and thankesgivings were then appointed , and that day ever since more or less annually observed , till this present . and it is worthy special observation , that had this plot taken effect , b it was agreed by the iesuites and popish conspirators before-hand , that the imputation of this treason should be cast upon the puritans , to make them more odious : as now they father all their powder-plots of this kinde , which they have not onely laid , but fully accomplished of late yeers against the king , prince , royal posterity , the lords and commons house , our english●parliaments and government , upon those independents , and anabaptistical sword-men , reputed puritans , who were in truth , but their meer under instruments to effect them ; when as they c originally laid the plots ; as is clear by campanella's book de monarchia , hisp . c. 25. and cardinal richelieu , his instructions at his death , to the king of france . and it is very observable , that as courtney the jesuite , rector of the english jesuits colledge at rome did in the yeer 1641. ( when the name of independent , was scarce heard of in england ) openly affirm to some english gentlemen , and a reverend minister ( of late in cornwal ) from whom i had this relation , then and there feasted by the english jesuites in their colledge , that they now at last , after all their former plots had miscarried , they had found out a sure way to subvert and ruine the church of england ( which was most formidable to them of all others ) by the independents ; who immediately after infinitely increased , supplanted the prebyterians by degrees , got the whole power of the army , ( and by it , of the kingdom ) into their hands , and then subverted both the parliament , king and his posterity : so some independent ministers , sectaries and anabaptists , ever since 1648. have neglected the observation of the 5 of november , ( as i am credibly informed ) and refused to render publick thanks to god for the deliverance thereon , contrary to the act , for this very reason , which some of them have rendred ; that they would not mock god in publick by praising him for delivering the late king , royal posterity , and house of lords from destruction then , by jesuites and papists , whenas themselves have since destroyed and subverted them through gods providence ; and repute it a special mercy and deliverance to the nation from tyranny and bondage , for which they have cause to bless the lord : peforming that for the jesuites and powder-traytors , which themselves could not effect . the lord give them grace and hearts to consider , how much they acted the jesuites , and promoted their very worst designes against us therein ; what infamy and scandal they have thereby drawn upon all zealous professors of our protestant religion , and * what they will do in the end thereof . 9. ( to omit all other forraign instances cited in speculum jesuiticum , p. 124. to 130. where you may peruse them at leisure ) by d their poysoning king james himself in conclusion , as some of them have boasted . 10. by the popes nuntio , and conclave of jesuites conspiracy at london , anno 1640. * to poyson our late king charles himself , as they had poysoned his father with a poysoned indian nut , kept by the jesuites , and shewed often by conne the popes nuncio to the discoverer of that plot ; or else , to destroy him by the scotish wars and troubles , ( raised for that very end by the jesuites , ) in case he refused to grant them a universal liberty of exercising their popish religion throughout his realms and dominions : and then to train up his son under them , in the popish religion ; to which not onely heretofore , but now likewise they strenuously endeavour by all possible means to seduce him ; as appears more especially by monsieur militierre his e late book dedicated to him for that purpose . surely all these premised instances compared together , will sufficiently inform the world ; that the late unparellel'd capital proceedings against our protestant king , parliament members , peers house , and forced , dissolved late parliament too , proceeded not from the principles of our reformed protestant religion , as this f monsieur in his printed pamphlet , would make his reader , the young king , to whom he dedicates it , and all the world believe ; but from the popes and jesuites forecited treasonable opinions , seconded with their clandestine sollicitations and practices , and that they , with some french cardinals jesuites , as well as spanish & english , ( then present in england ) were the chief original contrivers , promoters of them , whoever were the immediate visible instruments , as i have g elsewhere more fully demonstrated , for the wiping off this scandal from our reformed religion , and the sincere professors of it , who both abominated and protested against it in print . 3. that the jesuites ever since the establishment of their military order , * under ignatius their martial general , have been the principal firebrands , bellows , instruments of kindling , fomenting , raising , continuing all the publick commotions , wars , seditions and bloody fewdes that have hapened in or between any kings , kindoms , states , princes , soveraigns or subjects throughout the christian world ; and more particularly , of all the civil commotions , wars in france , germany , transylvania , bohemia , hungary , russia , poland , england , scotland and ireland , to the effusion of whole oceans of christian blood : which one poetically thus expresseth , h quicquid in orbe mali passim peccante gradivo est , quicquid turbarum tempora nostra vident , cuncta sodalitio mentito nomine jesu accepta historiâ teste , referre licet . ite modò & vestrae celebrate encaenia sectae , militis inventum , loiolana cohors . yea , it is well worthy observation , i that jacobus crucius , a jesuite ( rector of the jesuites novices at landsberge ) presumed to publish , in his explication of the rules of the jesuites , anno 1584. in these words : the father of our society ought to be a souldier ; because as it is the part of a souldier , to rush upon the enemy with all his forces , and not to desist , till he become a conquerour ; so it is our duty to run violently upon all , who resist the pope of rome ; and to destroy and abolish them , not onely with councels , writings , and words ; sed invocato , etiam brachio seculari , igne et ferro tollere et abolere , sicut pontifex et nostra vota contra lutheranos suscepta , volunt et mandant . but likewise by calling in to our assistance the secular arm ( of an army ) to take away , and destroy them with fire and sword , as the pope , and our oathes ( taken against the protestants ) will and command . and may we not then safely conclude , they have been the original contrivers , fomentors , continuers of all our late , intestine and forraign wars , by land and sea , with our christian protestant brethren and allyes , as k sundry parliamentary declarations of both houses aver and attest ? 4. that they have endeavoured , attempted the convulsion , concussion , subversion not onely of the empires , realms , and ancient setled governments and states of germany , russia , bohemia , hungaria , france , poland , but likewise of england , scotland and ireland , and to new model them into l other forms of government . what mould of government they intended to cast england into , is thus long since described by william watson ( a secular priest ) in his quodlibets , anno 1502. p. 309 , 310 , 330 , 331. england is the main chance of christendome at this present , by seditions , factions , tampering and aspiring heads : the onely but , mark , white , the jesuites aim at , as well in intention as execution of their pretended expedition , exploit and action . i am of opinion , that no man on earth can tell what government it is they intend to establish , ratifie and confirm , when they come to their preconceited monarchy ; no not any of their plot-casters . no question it is , but their government sall be as uncertain as their new-conceited monarchy ; their monarchy as mutable as their reign , and their reign as variable as the winde , or proteus in his complements . but no question is to be made of it , but that the government they do directly intend at this present , is a most absolute soveraignty , dominion and state , clearly exempted from any subordination , to any law or legifer divine or humane ; and therefore it is rightly called despoticon in the highest degree of exemplary immunity , imperiality and absolute reign , rule and authority , as convaining in it three sorts of government ; scil. monarchical , aristocratical , democratical , in matters of counsel and managing of commonwealths causes ; not in point of regality , honour and inheritance ; for there shall be neither title , nor name , nor honour given , taken or done to any prince , duke , marquess , earl , viscount , lord , baron , or the like , ( all the jesuitical governours being puritan-like , seniors , elders , provincials , &c. ) neither shall there be any succession by birth or blood , to any honour , office or magistracy from the monarch , pater general , to the minor , pater minister , but all shall go by m election or choice . whether our late and present variable floating new-moulded governments have not been cast by this long since predicted jesuitical mould , let wise men , with all our late and present governours , now sadly consider and determine . 5. that as the whole house of commons in their n remonstrance of 15 december 1641. charge the jesuites , and late jesuited court-counsellors , with a malignant and pernicious designe of subverting the fundamental lawes and principles of government upon which the religion and justice of the kingdom are firmly established . so william watson a secular priest , chargeth father parsons , the english jesuite , and his jesuited companions , in their memorial for reformation of england , when it should be reduced under the power of the jesuites ( as parsons was confident it would be , though he should not live to see it ) written at sevil in spain , anno dom. 1590. that they intended to have magna charta , with our common fundamental laws and liberties , abrogated and suppressed : thus expressed by william watson in his quodlibets , p. 92 , 94 , 95. father parsons and the jesuites in their deep jesuitical court of parliament , begun at styx in phlegeton , have compiled their acts in a compleat volume , intituled : the high court of reformation for england . o and to give you a taste of their intent by that base court of a tribe of traytors sawcily ( like to cade , jack straw , and tom tiler ) usurping the authority of both states , ecclesiastical and temporal in all their rebellious enterprises : these were principal points discussed , set down , and so decreed by them , &c. he first mentions three of them relating to * church-men , scholars , and church , and colledge-lands : which were to be put into feoffees hands , and they all to be reduced into arbitrary pensions , &c. and then proceeds thus to the fourth . the fouth statute was there made concerning the common laws of this land ; and that consisted of this one principal point , that , all the great charters of england must be burnt ; the maner of holding lands in fee-simple , fee-tail , kings service , soccage or villanage , brought into villany , scoggery and popularity , and in few , the common law must be wholly annihilated , abolished , and troden down under foot , and caesars civil imperials brought amongst us , and sway for a time in their places . all whatsoever england yields , being but base , barbarous , and void of all sence , knowledge , or discretion shewed in the first founders , and legifers ; and on the other side all whatsoever is or shall be brought in by these out-casts of moses , stain of solon , and refuse of lycurgus , must be reputed for metaphysical , semi-divine , and of more excellency then the other were . which he thus seconds , quodlibet 9. artic. 2. p. 286. first it is plain , that father parsons and his company ( divide it amongst them how they list ) have laid a plot , as being most consonant and fitting for their other designments , that the common laws of the realm of england must be ( forsooth ) either abolished utterly : or else , bear no greater sway in the realm then the civil law doth . and the p chief reason is , for that the state of the crown and kingdom by the common laws is so strongly setled , as whilst they continue , the jesuites see not how they can work their wills . and on the other side , in the civil laws they think they have some shreds , whereby they may patch a cloke together to cover a bloody shew of their treasons for the present , from the eyes of the vulgar people . secondly , the said good father hath set down a course how every man may shake off all authority at their pleasures , as if he would become a new anabaptist , or king john of leydon , to draw all the world into mutiny , rebellion and combustion . and the stratagem is , how the q common people may be inveigled and seduced to conceit to themselves such a liberty or prerogative , as that it may be lawful for them when they think meet to place and displace kings and princes , as men do their tenants at will , hirelings or ordinary servants . which anabaptistical and abominable doctrine , proceeded from a turbulent tribe of trayterous puritanes , and other hereticks , this treacherous jesuite would now foist into the catholick church , as a ground of his corrupt divinity . and p. 330 , 332. he intends to alter and change all laws , customes , and orders of this noble isle . he hath prejudiced the law of property , in instituting government , governours , and hereditary princes to be , ad bene-placitum populi , and all other private possessions ad bene-placitum sui , &c. whether any such new deep jesuitical court of parliament , and high court of reformation for england , to carry on this old design of the jesuites against our laws , hath been of late yeers sitting amongst us in or neer westminster , or elsewhere , in secret counsel every week , as divers intelligent protestants have informed me , & hugh peters reported to divers on his own knowledge ( being well acquainted with their persons and practises of late yeers ) it concerns others neerer to them , and more able then i , to examine . sure i am , a greater man by far then hugh peters , in an assembly of divines and others , for reconciling all dissenting parties , not long since * averred to them on his own knowledge , that during our late innovations , distractions , subversions , in church , state , and overturning of laws and government , the common adversary hath taken many advantages , to effect his designs thereby in civil and spiritual respects . that he knew very well , that emissaries of the jesuites never came over in those swarmes as they have done since these things were set on foot . that divers gentlemen could bear witness with him , that they had a consistory and council abroad , that rules all the affairs of the things in england . that they had fixed in england , in the limits of most cathedrals ( of which he was able to produce the particular instrument ) an episcopal power , with archdeacons and other persons , to pervert and deceive the people : and all this , whiles we were in this sad and deplorable , distracted condition . yea , most certain it is , that many hundreds ( if not some thousands ) of them , within these few yeers , have been sent over from forraign seminaries into england under the disguises of r converted jews , physitians , chirurgions , mechanicks of all sorts , merchants , factors , travellers , souldiers , and some of them particularly into the army ; as appears by the late printed examination of ramsey the anabaptized , new-dipped jesuite , under the mask of a jewish convert , taken at new-castle in june 1653. and by sundry several instances i could name . to pretermit all instances of particular jesuites within these few yeers , yea months , come over and discovered in england by persons of credit ; i shall for brevity acquaint you onely with one , discovering what swarms are now amongst us , under other disguises . an english protestant nobleman ( a person of honour ) whose ancestors were papists , being courteously entertained within these two yeers in the jesuites chief colledge at rome by some eminent jesuites , was brought by them into a gallery having chambers round about it , with titles written over every door for several kingdoms and provinces , and amongst the rest , one for england . upon which , he enquiring of the jesuites what these titles signified ; was answered by them , that they were the chambers of the provincial jesuites , of each kingdom and province ( written over the respective doors ) wherein they had any members and emissaries of their society now residing , who received all letters of intelligence from their agents in those places every week , and gave account of them to the general of their order . that the provincial for england , lodged in the chamber over which the title england was written , who could shew him the last news from england if he desired to see it . upon which they knocked at the door , which was presently opened : the provincial being informed who and what he was , read the last news from england to them . hereupon the nobleman demanded of them , whether any of their society were now in england ? how they could stay there with safety , or support themselves , seeing most of the english nobility , gentry , and families that were papists , were ruined in their states , or sequestred by the late wars and troubles , so as they could neither harbour , conceal or maintain them , as they had done heretofore ? they answered , it was true ; but the greater the dangers and difficulties of those of their society now in england were , the greater was their merit . and , that they had then above fifteen hundred of their society in england , able to work in several professions and trades , which they had there taken upon them , the better to support and secure themselves from being discovered . this relation i have heard from the mouth of a reverend divine more then once ; to whom this noble lord , upon his return into england not many months since , seriously related the premises , averring the truth of them upon his honour . yet for all this , since the stupendious pretended repeals and annihilations of the oaths , and allegiance , and that of abjuration of popery ( consented to by the late king in the isle of wihgt ) purposely made for the better detection and prevention of jesuites , and their treasonable forementioned practises against our church , kingdomes , princes , religion , parliaments , and government , by the wisdom and * zeal of our best affected vigilant protestant parliaments ; i can neither hear nor read of any effectual means , endeavoured or prescribed by any in power , for the discovery of these romish ●anizaries , or banishing , feretting & keeping them out of england , where they have wrought so much mischief of late yeers , and whose utter ruine they attempt : nor any encouragement at all given to the discoverers of their plots and persons ; but many affronts and discouragements put upon them , and particularly on my self , mewed up close-prisoner under strictest guards in remotest castles , neer three yeers space , whiles they all walked abroad at large , of purpose to hinder me from any discoveries of their practises by my pen , whiles they printed and vended publickly here in england , above 30000 popish books of several kindes during my imprisonment , without the least restraint to propagate the jesuites plots , and antichristian romish religion amongst us , as you may read at large in the stationers beacon fired ; which seasonable book , and discovery of these romish emissaries books and plots , some * officers of the army , in their beacon quenched , publickly traduced in print , as a new powder-treason of the presbyterian party , to blow up the army , and that pretended parliament ( of their own erection ) which themselves soon after blew up and dissolved in good earnest , to carry on their designes against our laws . but most certain it is , there hath been of late yeers not onely a general councel of officers of the army sitting many months together in counsel , to alter and new model all our ancient laws and statutes , in pursuance of parson's design ; but likewise two conventicles of their own selection and election , sitting of late in the parliament-house at westminster , assuming to themselves the name , and far more then the power , of the parliament of the commonwealth of england ; together with the transcendent ambitious title of the supream authority of the nation , ( in derogation of the army-officers supremacy , who sufficiently chastised them this strange usurpation ) who have made it their chief business , not onely to new-model our ancient fundamental government , parliaments , ministers , universities , much according to parsons and his fellow-jesuites forementioned plat-formes , and thomas campanella his instructions to the king of spain , de monarchia hisp . c. 25. but likewise to new-mould , subvert , eradicate the whole body of our laws , and with them the great charter of our liberties it self . and in their last cashiered , unelected convention , ( as some of their companions , now in greatest power assure us in their ſ true state of the case of the commonwealth of england , &c. london , 1654. p. 15 , 16 , 17 , 18. ) there was a strong prevailing party whom nothing would satisfie , but a total eradication of the whole body of the good old laws of england ( the guardians of our lives and fortunes ) to the utter subversion of civil right and propriety : who likewise took upon them ( by vertue of a supposed right of saintship in themselves ) to lay the foundation of a new platform , which was to go under the name of a fifth monarchy , never to have an end , but to * war with all other powers , and break them to pieces ; baptizing all their proselytes into this principle and perswasion ; that the powers formerly in being , were branches of the t fourth monarchy ( of england , scotland and ireland ) which must be rooted up and destroyed . and what other fifth monarchy this could be , but that projected universal monarchy of the jesuites , which should bring the whole monarchy of great britain and ireland , together with france , spain , and all other princes , states in christendom under the jesuites subjection , and break all other powers in peices ; ( mentioned by watson , in his quodlibets , p. 306 , to 333. ) or else , that elective new monarchy of great britain and ireland , projected by v campanella , and cardinal richeleiu , which some grandees now endeavour by their instrument to erect and perpetuate for èver x without alteration in themselves and their successors , ( though they thus expresly brand it in others ; ) let themselves and wise men resolve ? it being apparent , by the practises and proceedings of all the propugners of this new project , that this fifth monarchy they intend to erect , is neither the spiritual * kingdom of jesus christ in their own hearts , mortifying their ambition , covetousness , pride , self-seeking , unrighteousness , violence , rapines , and other worldly lusts ; nor the personal reign of christ himself alone , in and over our three kingdoms , and all other realms and nations for ever ; which they endeavour to evince from dan. 2. 44 , 45. c. 7. 14 , 27. micah 4. 1 , 2 , 7. luke 1. 32 , 33. but a meer supream , arbitrary , temporal authority without bounds or limits , enchroached by and erected in themselves and their confederates , without any colour of right or title by the laws of god or the realm , and no wayes intended , but refuted by all these sacred scriptures , and others , which explain them . this design of the jesuites , to alter and subvert the whole body of our laws , was so far promoted by the jesuitical and anabaptistical party in this last assembly , ( elected onely by the y army-officers , ) that on august 20. 1643. ( as our news-books print , ) they ordered , there should be a committee selected , to consider of a new body of the law , for the government of this commonwealth , who were to new-mould the whole body of the law : according to parsons his mould . and hereupon our cheating astrologers ( especially lilly & culpeper , the z jesuites grand factors to cry down our law , tythes and ministers ) from the meer visible earthly conjunctions , motions , influences of these new wandring excentrick planets at westminster onely , ( not of any coelestial stars , as they would make country-clowns believe ) took upon them in their a monthly prognostications , for this yeer 1654. almost in every month to predict , the pulling down of the laws of the nation , and of lawyers , to the ground : the calling of the great charter it self into question , with other liberties , as not suiting with english mens brains at this time . the plucking up the crabtree of the law by the roots , to hinder the future growing of it : there being no reason we should now be governed by the norman laws , since the norman race is taken away by the same instrument ( the sword ) that brought it in : and the like . but these predicters of our laws and lawyers downfals , could neither foresee nor predict the suddain downfal of these lawless earthly westminster-planets from the firmament of their new-created power ; who should effect it by their influences . wherefore , though i look upon these and all other their astrological predictions , as b meer figments , cheats , and impostures , in relation to the coelestial planets , ( as are their twelve signes and houses of the heavens , whereon all or most of their artless art and predictions are grounded ; ) yet i cannot but take notice of them , as clear discoverie : of a strange jesuitical and anabaptistical combination of a predominant party amongst us , to carry on this ancient plot of the jesuites related by watson , against the great charter of our liberties the whole body of our laws . and truely , when i seriously consider the late great revolutions , changes both of our government , parliaments , laws , and the manifold extravagant publick innovations , changes , proceedings , originally contrived by the jesuites , but visibly acted , avowed , by anabaptists , independents , and some pseudo-presbyterians in the army and elsewhere formerly reputed puritans ; it puts me in minde of 3 memorable , prophetical passages of william watson in his quodlibets , printed 52 yeers since , ( anno 1602. ) which i have frequently thought on of late yeers , as now experimentally accomplished ; i shall beseech our late and present grandees , and new state-mint-masters seriously to consider them ; which i shall here relate in his very printed words . 1. c i make no question of it , if the jesuites prevail in england , they intend and will turn all things topsy-turvie , upside down : cinq shall up , size shall under . in parsons high counsel of reformation , all the whole state must be changed : and the lands and seignories of clergy and nobility , universities , colledges , and what not , must be altered , abridged , and taken away . and is not all this visibly effected already for the most part ; and the rest projected , and ne'er accomplished ? 2. d i verily think , that all the puritans will joyne wholly with the jesuites at length , ( how far off soever they seem to be , and are yet in external profession of religion ) there being at least half an hundred principles , and odd tricks concerning government , authority , tyranny , popularity , conspiracy , &c. which they jumpe as just together in , as if both were made of one mould . and is not this really verified of , by sundry puritan anabaptists , independents , some temporizing presbyterians , and by many army-officers souldiers , ( in late or present power ) if they will but compare their last six yeers actions with the jesuites ? o let them consider it seriously in the fear of god ; and lament it with the greatest grief of heart ! 3. e the jesuites without all question , are more dangerous , pernicicus and noysome , to the commonwealth of england and scotland then the puritans ; as having more singular fine wits amongst them , and many learned men on their side ; whereas the puritans have none but grossum caputs : they many gentiles , nobles , and some princes to side with them : the puritans but few of the first ; rare , to have any of the second ; and none at all ( unless it be one ) of the last on their side . and so by consequent , if matters come to hearing , hammering and handling betwixt the jesuites and puritans ; the later are sure to be ridden like fools , and come to wrack . and whether they have not been ridden , outwitted , wracked by the jesuites plots , wits , wiles , instruments both in their late councels , innovations of government , forcible dissolutions , subversions of parliaments , laws , liberties , anomalous proceedings , designs , let our late dis-housed , dis-mounted puritan grandees and statizers of all sorts , determine at their leisure ; and let those in present power take heed , they be not ridden by them too like fools , as well as their predecessors , yea , wracked by them at the last , when they have served those turns for which they set them up on horse-back , for to ride to death our kings , parliaments , kingdomes , and utterly consume , devour them , with our ministers tythes , glebes , universitie & colledge lands by monthly endless taxes , excises and a perpetual law , tythe-oppugning army . it is worthy observation , a that thomas campanella prescribed the sowing and continual nourishing of divisions , dissentions , discords , sects and schismes among us , both in state and church ( by the machavilian plots and policies he suggests punctually prosecuted among us of late yeers ) as the principal means to weaken , ruine both our nation and religion , and bring us under the spanish and popish yokes at last : witness his , jam vero ad enervandos anglos nihil tam conducit , ●uam dissentio et discordia inter illos excitata perpetuoque nutrita , quod cito meliores occasiones suppeditabit : and that principally by instigating the nobles and chief men of the parliament of england : ut angliam in formam reipublicae reducant , ad imitationem hollandorum : which our reipublicans lately did by the power of the army officers ; or , by sowing the seeds of an inexplicable war , between england and scotland ; by making it an elective kingdom ( as some now endeavour under another notion ) or , by setting up other kings , of another race ; or , by dividing us into many kingdoms or reipublicks , distinct one from another ; and by sowing the seeds of schismes , and making alterations and innovations , in all arts , sciences , and our religion . the old plots of b campanella , c parsons , and late designs of cardinal richelieu , and the pope , spaniard , jesuites , to undo , subvert our churches , kings , kingdoms and religion , as the marginal authors irrefragably evidence : all visibly set on foot , yea , openly pursued , and in a great measure accomplished by some late , nay present grandees and army-officers , who cry up themselves for our greatest patrons , preservers , deliverers , and anti-jesuites , when they have rather been but the jesuites , popes , spaniards and other forraign enemies instruments and factors in all the late changes , new-models of our government , parliaments , pretended reformations of our laws and religion , through inadvertency , circumvention , or self-ended respects , as many wise and godly men justly fear . certainly , whoever shall seriously ponder the premises , with these passages in william watsons quodlibets concerning the jesuites , e 1. that some of the jesuites society have insinuated themselves into all the princes courts of christendom , where some of their intelligencers reside , and set up a secret counsel , of purpose to receive and give intelligence to their general at rome , of the secrets of their soveraignes , and of all occurrents in those parts of the world , which they dispatch to and fro by such cyphers , which are to themselves best , but commonly onely to themselves known , so that nothing is done in england , but it is known at rome within a month after at least , and reply made back as occasion is offered , to the consequent overthrow of their own natural country of england , and their native prince and realms , by their unnatural treasons against them , that * so the jesuites might be those long gownes , which should reign and govern the island of great brittain . 2. f that the jesuites hope and endeavour to have england , scotland , and ireland under them , to make these northern islands a japonian island of jesuites , and one jesuitical monarchy ; and to infeoffe themselves by hook or by crook in the whole imperial domimions of grat britain with the remainder over to their corporation , or puni-fathers succeeding them , as heirs specially in their society by a state of perpetuity : putting all the whole blood royal oe england to the formidon , as but heirs general , in one predicament together . 3. g that the jesuites have magistracy , kings , magistrates , ministers , priesthood , and priests in high contempt ; publishing many slanderous , seditious , trayterous , and infamous speeches , libels , and books against them , to render them odious and contemptible to the people , full of plots , exasserations against the church and commonwealth , like rebellious traytors , to bring all into an uproar , that they may have all countries , kingdomes , governments , successions , states , inhabitants , and all at their pleasure . 4. that the h jesuites have taught the people ( ●n ●rder to get england under their power , & in order to god or religion , as they stile it , ) that subjects are bound no longer to obey wicked or heretical painces and kings destecting from the catholick religion , and drawing others with them , but till they be able by force of arms to resist and depose them . that the popular multitude may upon these grounds when they think meet , place or displace their princes and chief officers at their princes and chief officers at their pleasure , as men may do their tenants at will , hirelings or ordinary servants , putting no difference in their choice upon any , right or title to crowns or kingdoms , by birth , or blood , or otherwise , then as these fathers ( forsooth ) shall approve it . by this all things must be wrought and framed conformable to opportunities of times and occasions ; as for example : the people must have a right and interest in them , to do what they list in choice of their kings and supream governours , till they have set such a person or usurper in the crown as they for their ends have designed ; and then the times and occasions changing , when such a one is setled in the throne , the former doctrine and practises must be holden for a mistaking ; yet such , as seeing it cannot be holpen , the people must beware hereafter of attempting the like again . by this a check must be given to the publishers of such paradoxes , ( when they have accomplished their designed ends ) after that , a dispensation procured for the offenders , and then all shall be well ever after ; till a new opportunity for their further advantage . 5. that the jesuites by absurd equivocations , i counterfeited perjuries , sacriledges , and cousenage , become all things to all men , that they may gain all ; as to be seminary priests among seminaries ; secular priests , among seculars ; religious men , among religious ; seditious men , among seditious ; factious spainiards , amongst spaniards ; english traytors , among traytors ; scotish villains , among scots , &c. and amongst all these , to deny and affirm , to object and answer , to swear and forswear , whatsoever may be a gain to them , for their pragmatical commonwealth and society . no wonder then if they transform themselves into all shapes , and take upon them all prefessions , now . 6. that the k jesuites by their devices and practises , have brought all to machiavels rule , divide et impera , in sowing division , breeding of jealousies , and making of hostile strife , by opposition of king against king , state against state , priest against priest , peer against peer , parents against children children against parents , sisters against brothers , servants against masters , wives against husbands , husbands against wives and one friend against another , raising up rebellions , mvrdring of princes , making uproars every where , until they make those they cannot otherwise winne unto them , either yeeld to be their vassals to live quiet by them , or force them to flight , or drive them out of their wits , or otherwise plague them to death . 7. that the l jesuits by their cursed positions , and machiavillian practises , have made religion it self a meer political and atheal device ; a pragmatical science of figboys , and but an art of such as live by their wits , and the principles of machiavel taught by their robbies ; yea , a very ●o●ch potch of omnium gatherum , religious secular , clergical , laical , ecclesiastical , spiritual , temporal , m. artial , civil , aecomenical , political , liberal , mechannical municipal , irregular , and all w●thovt order ; so that they are not worthy to be called religious , ecclesiasticks catholicks , nor temporal mechannical christians ; but rather machiavillians , athiests , apostates ; their course of life shewing what their study is ; and that howsoever they boast of their perfections , holiness , meditations and exercises , as if they were all superlatives , all m●●●physicians , all entia transcendentia ) yet their platform is heathenish tyrannical , ●athannical , able to set aretine , luc●an , machiavel , yea , and don lucifer in a sort to school . those , i say , who shal sadly ponder all these premises , and compare them with the late practises , policies and proceedings of some swaying politicians of our age and the constitution of our church , state , religion and publi●e affairs , must necessarily acknowledge , that these pragmatical iesuits have , been very active , prevalent-powerful , suc●esful , and not onely militant but triumphant , of late yeares amongst us , under some disguise or other : that they have dangerously poysoned us with these their machiavilian and atheal pollcies , practises , positions , and have more real disciples , factors , if not tutors , now amongst us , then in any former ages : and is it not high time then to endeavour to detect their persons , and prevent their dangerous designs upon us with greatest care and diligence ? truly though most others be negligent and careless herein , yet that text of ezek. 2 , 6 , 7. and thou son of man , be not afraid of them neither be afraid of their words , though bryars and thorns be with thee , and thou dost dwel among scorpions , be not afraid of their words , nor be dismayed at their looks , though they be a rebellious house : and thou shalt speak my words unto them , whether they wil hear , or whether they wil forbear , for they are most rebelliovs ; hath animated me to exonerate my conscience herein , and to say with the prophet isai . 62. 1. for zions ( englands ) sake i will not hold my peace , and for ierusalems sake i will not rest , until the righteousness thereof go forth as brightness , and the salvation thereof as a lamp that burneth . wherefore . upon letious consideration of all these premises . and of all those sacred solemn oathes . that protestation , vow , league , and nationall covenant , which i have formerly taken ( lying still as so many f indissoluble obligations on my soul , notwithstanding the ingrate , malicious , unchristian requitalls of all my former unmercinary services , sufferings for religion laws , liberties , and the publique , in times of greatest danger , recompences only with long causeless , close imprisonments , injuries , affronts , losses of all kindes , by pretended friends and patrons of our liberties , as well as by professed causeless enemies : and notwithstanding all other discouragements from the generall baseness , cowardize , sottishness , slavishness degenerated spirits of the whole nation , and their strange fearfulness even publiquely to own , much less cordially , to assist , defend , ( according to the sixth article of the covenant ) those few couragious patrons who have hazarded their lives , liberties , limbs , estates , and all earthly comforts for the publique defence of religion the laws , liberties , priviledges of our kingdome , chruch , parliament , against the old and late avowed subverters of them , whose very , g company , visits the generality of their former friends and acquaintance have declined , ( as if they had some plague sores on them ; ) not only during their late restraints , but likewise since their enlargments out of them , ( enough to perswade them never to write , speake , act or suffer any thing more , for such ingrate unworthy , creatures , but rather to put their helping hands , to make them and their posterities slaves for ever . ) i have yet once more out of pure zeal , love conscience towards my native country adventured my life , liberty , and decayed estate , ( considering the lawlessnesse and danger of the times , not the justice and goodness of the common cause , i plead ) for the necessary defence of the fundamentall liberties , franchises , lawes , rights , parliaments , priviledges and government , of our e●slaved nation , ( though every way unworthy to be beloved by god , or men of noble spirits ) in this seasonable legall , historicall vindication and collection wherein i have with all boldness , faithfulness , without the least fear or flatterie of any mortals or created powers whatsoever , argued , evinced , maintained my own particular , with the whole nations publique right and inheritance in them , and endeavoured ( as much as in me lyes ) to preserve them from the severall jesuitical plots , & our religion , counsels , specified in the whole commons house remenstrance of 13. december . 1641 : exact collection , pa 3. to 14. ( of late years revived , and more vigorously pursued than ever ; and to rescue them out of the claws of tyrany and all usurping arbitrary powers , which have avowedly encroached on , yea trampled them under feet of late , more than ever the worst of all our monarchs , or beheaded king did though declaimed against , as the greatest of tyrants , by some who have transcended him in his worst regall exorbitances ; and particularly in this , which the lords and commons in parliament in their * declaration of aug. 4 1642. thus grievously complained of , and objected against the kings ill counsellers , that the laws , were no protection or defence of any mans right , all was subject to will and power , which imposed what payments they thovght fit , to drain the subjects purses , and supply those necessities , which their ill counsell had brought upon the king , and gratify such as were instrumentall in promooting most illegal and oppressive covrses : those who yeilded and complied were countenanced and advanced , all others disgraced and kept under , that so their mindes made poor & base ( as they were never so poor and base as now ) and their liberties lost and gone ( as they were never so much as now ) they might be ready to let go their religion whensoever it should be resolved to alter it , which , was , and still is , the great design and all the rest made use of as instrumentall and subservient to it . vpon which consideration they thus concluded that declaration : therefore we the lords and commons are resolved to expose our lives and fortunes for the defence and maintenance of the true religion , the king , person , honor and estate , the power and priviledg of parliament , the just rights and liberty of the subject . and we do hereby require all those who have any sence of piety , honor or compassion , to help a distressed state , especially svch who have taken the protestation , and are bound in the same duty with us unto their god , their king and country , to come in to their aid and assistance . that which hath not a little encouraged me hereunto , is not only this their publike call , but likewise this memorable passage , vow protestation of the lords and commons assembled in parliament , in their printed h declaration in answer to his majesties of october 23. 1642. which i fear most of them since in power , have quite forgotten ; and therefore i beseech them now seriously to remember it . though we know very well , there are too many of the gentry of this kingdome , who to satisfy the lvsts of their own ambition , are content , like esau , to sell their birth-right , & care not to svbmit themselves to any arbytrary and vnlimited government , so they may for their own time partake of that power , to trample and insult over others : ( and have not , are not some of these declarers and censurers such themselves ? ) yet we are assured , that there are of the gentry many worthy and true hearted patriots , ( but where are those many now ? ) who are ready to lay down their lives and fortunes , and of late have given ample testimony thereof , for maintenance of their lawes , liberties and religion ; and with them and others of their resolution we shall be ready to live and die . ( but how many of these declarers have made good this publike engagement ? yea have not some of them been , and still are more ready to secure , seclude , disoffice , imprison , kill , slay any such true hearted patrons , as i have felt by sad experience , then to live and die with them ? and we must own it as our duty , to use our best endeavors , that the meanest of the commonalty may enjoy their owne birthrights , freedome and liberty of the laws of the land , being * equally entituled thereto with the greatest subject . i trust therefore the greatest grandees in late or present power neither will nor can be offended with me , and that all the nobility , gentry , commons , and true hearted patrons in the nation , who bear any love to the laws , liberties , freedom of the people , for which their ancestors and they have so long , so stoutly contended heretofore , and lately with our kings ; will live and die with mee in this their vindication and defence , against any of their fellow-subjects , who shall endeavor to subvert or deprive them of the full and free enjoyment of all or any of them , according to this engagement and declaration : wherein there are these further observable passages , relating to the parliaments priviledges and its members , which i desire our army-grandees , who impeached , secured , secluded my self with other members of the last true parliament , levied war against and forcibly dissolved it ; with the contrivers of our late new modelled governments , would seriously ponder , who in common justice must bee content to be as freely told of and reprehended for their faults in print ( where the publike and every mans private interest , right , liberty , security , is concerned ) as they have censured others , as well their superiors , as equalls , oft in print , though perchance less peccant than themselves i in that they object against them . k for the matter of his majesties raising an army against the parliament ( wherein many papists , priests , jesuites were imployed ) and taking away the priviledge thereof , we shall refer it to the judgment of every ordinary capacity , whether it be void of sense to say , that this war is raised against the parliament ; but the truth is , that it is not a few persons but the parliament it self , is the thorn that lies in these mens sides , which , heretofore when it was wont to prick them was with much case by a sudden dissolution , pulled out : but now that is more deeply fastned by the act of continuance , they would force it out by the power of an army . hath not this been the very practise of some army-grandees of late , here objected against the kings jesuiticall and popish ill counsellors ? and whosoever will peruse the severall speeches and declarations , made upon the breaking up of former parliaments , since the beginning of his majesties raign , will find ; the pretences of those unjust and illegall dissolutions , to be grounded upon the exceptions against some particular members , under the name of a few factious and seditious persons : so that the aspersing and wounding of the parliament through the sides of a few members , is no new invention : ( and hath not this been the very army officers practice , since the first year of their reigne till now , to wound the last real parliament ( yea , their own lare dissolved mock parliaments since , though the sides of a few corrupt members , or a corrupt maiority in the house , as all their printed l declarations upon their dissolutions attest . and is this then no crime ? or no jesuiticall practise in them , though such in the late m king and his ill counsellors ? ) and for the satisfaction of all indifferent men , that this war is raised against the parliament , wee shall refer them to former declarations , issued out in his maiesties name , being so many invectives and groundless accusations , not against particular members only but against the vote and proceedings of both houses . and are not many of the armies declarations in 1647. and 16●● . yea , the late pamphlet of some present grandees , 〈◊〉 a true state of the case of the commonwealth of england , printed 1654. such ; let them now then see whence they took their pattern , even from the beheaded kings n iesuited evill counsellors , whose steps they exactly trace in this . ) but if the truth were , as that declaration seems to imply , that this army is raised to force some o particular members of this parliament to be delivered up , yet upon that ground would it follow , that the same is levied against the parliament . for it cannot be denyed by any ingenious man , but that the parliament by their p inherent rights and priviledges hath the power to judge and punish their own members : [ yet the army officers took upon them to secure , seclude them without charge , and their future new minded parliament members , though only elected by the people , must be trye à iudged by the new whitehall members , ere they can be admitted to sit . article 21. of the new government . ] and we have often declared to his his majestie and the world ; that we are alwaies ready to receive any evidence or accusations against any of them , and to judge and punish them according to their demerits ; yet hitherto q no evidence produced , no accuser appearing : and yet notwithstanding , to raise an army to compel the parliament to expose those members to the fury of those wicked counsellors that thirst for nothing more then the ruin of them and the commonwealth : what can be more evident , then that the same is levied against the parliament ? for did they prevaile in this , then by the same reason , pray observe it , they might demand twenty more , and never rest satisfied until their malice and tyrany did devour all those members they found cross and opposite to their lewd and wicked designs [ and was not this the practice of the army-officers , who levied a reall actuall warre against the parliament ? they first impeached , secluded , xi . members of the commons house ; and some lords soon after , an 1647. then they secured , imprisoned my self , with 44. members more , and secluded the greatest part of the commons house , leaving not above 50. or 60. at first sitting , who confederated with them , in december 1648. within two moneths after this , they beheaded the king ; then suppressed the whole lords house , to carry on their designs since acted : at last they dissolved their own mock . parliaments , when they crossed their ambitious aspires : what they did in september last since this was first penned , to those now sitting is , fresh in memory . ) touching the priviledges of parliament , which the contrivers of that declaration in his majesties name , ( and the contrivers of sundry declarations since in the armies name , who imitated them herein , ) seem to be so tender of , and to profess all conformity unto , and deny this army to be raised in any degree to violate : we shall appeale to the judgment of any indifferent man , how little truth is contained in this their assertion , ( or in the army officers printed papers to the same effect . ) the parliament is to be considered in three severall respects . first , as a council to advise . secondly , as a court to judg . 3. as it is the body representative of the whole kingdome , to make , repeal , or alter lawes & whether the paarliament hath enjoyed its priviledges in any of these respects ( under the army officers and powers , as wel as late king ) let any that hath eyes open judg . for the first , wee dare appeal even to the consciences of the contrivers themselves , [ and to the consciences of the army-officers , souldiers , and whitehall men themselves ) whether matters of the highest importance , ( witness all the publike proceedings against the late parliament , king , peers , government ; the warrs with scotland , holland : their new magna charta repealing the old , entituled , the government of the commonwealth of england , scotland and ireland , wherein they take upon upon them such an omnipotent soveraign power , as , to pass a decree upon the waveting humors of the people , and to say to this nation , yea to scotland and ireland too , as the almighty himself said once to the unruly sea : here shall be thy bounds hitherto shalt thou come and no further ; as ome most arrogantly if not blasphemously publish in print to all the world in their true state of the case of the common-wealth , p. 34. their making of new binding laws and ordinances , repealing old laws and statutes in and by pretext of this instrument , out of parliament , as their manifold vvhit-hal folio new edicts amounting to near 700 pages attest ) have not been agitated and determined ( in and by the armie-officers , general-councel and other unparliamentary juncto's , ) not onely without but even contrary to their advice , ( and votes too ; ) and whether private , unknown councels ( in the army , vvhite-hall , and elswhere ) have not been hearkned unto , approved and followed , when the faithfull and wholsome advice of the great counsel hath been scorned and neglected ( by the army officers and their confederates . ) and 〈◊〉 can deny , but it is one of the principle ends why a 〈◊〉 called , to consult the great affairs of the church and state. and what miserable effects and 〈…〉 neglect of the great councell , and preferring of unknown and private councels before it , hath proved ; let the present distractions of this kingdome bear witnesse . ( with all the bloody , unchristian vvars , taxes , oppressions , distractions , since the armies force upon the king , members , houses ; anno 1647. and 1648. to this present time . ) concerning the second , it sufficiently appears by the making the kings court , by the force and power of the kings army ; the sanctuary and re●uge of all sorts of delinquents against the parliament and kingdome , and protecting and defending them from the justice thereof : and by admitting such to bear places of great trust in the army , and to stand in defiance of the parliament and the authority thereof ; ( and it is not a far greater crime to make the parliaments army it self , a delinquent against the parliament and kingdome ; the fanctuary of such delinquents against both , and to continue such officers in places of greatest trust in the army , who have levied actual war against the parliament , secluded , secured members of parliament , kept divers years under their armed guards in defiance of the parliament , refusing to release them , even when the serjeant was sent from the house it self , to demand the members seised ? ) by all which it is apparent , how our priviledges have been torn from us by piece-meals , from time to time . and we might mention many passages , whereby they were endeavoured to be * pulled up by the root , and totally subverted . as the attempt to bring up the late army from the north to force conditions upon the parliament : his majesties letters and commands to the members of both houses ( which found obedience in a great many ) to attend him at york ; and so , by depriving the parliament of their members , destroy the whole body . ( and was not the actuall twice bringing up of the parliaments own army , by the army officers , against the parliament it self , to impeach secure some principall members of both houses ; seclude the majority of the commons house , suppresse the whole house of lords ; break off the preaty , behead the king , ( the * head of the parliament ) against the parliaments votes , alter the government , force conditions on the parliament it self , ( to omit the 12 , 21 , 24 , 32 , 37 , 38 , 39. articles of their new government , ( with the secluding of all the members lately admitted by armed souldiers till they took a new engagement , and keeping out all others ) a taking of the priviledges of the parliament from them all by whole-sale , and a more desperate pulling up by the roots , and totall subversion of all the priviledges and whole body of the parliament , then this objected against the northern army , or the kings jesuiticall ill councel ? vvhich is enough to prove the vanity of the contrivers of that declaration ( and of the army officers too ) to feed themselves with hope of beliefe , that the priviledges of parliament are not violated , but intended to be preserved , with all due observance . concerning the allegation , that the army raised by the parliament , is to murder the king , ( oft alledged by the * king and his party , in many printed proclamations , declarations before and after this , here mentioned ) vve hoped the contrivers of that declaration , or any that professed but the name of a christian , could not have so little charity as to raise such a scandall , especially when they must needs know , the * protestation taken by every member of both houses ( and army officers too ) whereby they promise in the presence of almighty god , to defend his majesties person . the promise and protestation made by the members of both houses upon the nomination of the earl of essex to be generall , and to live and die with him ; wherein is expressed , that this army was raised for defence of the kings person , our oft earnest and most humble addresse to his majesty to leave that desperate and dangerous army , &c. a request inconsistent with any purpose to offer the least violence to his person , which hath and * ever shall be dear unto us . and concerning the imputation laid to our charge , of raising this army , to alter the whole frame of government and established laws of the land , ( which the king and his party * frequently objected in print ) we shall need give no other answer but this : that the army raised by the parliament is to no other end , but for the preservation of his majesties person , to defend themselves , the laws of the land , and the true protestant religion . after which , they there and elswhere conclude . and by this time ( we doubt not ) but every man doth plainly discern through the mask and visard of their hypocrisie , what their ( the kings ill counsels ) design is , to subject both king and parliament and kingdome to their needy ambitious and avaritious spirits , and to the violent laws , martial law , of governing the people by guards and by the souldiers . but alas for greife , how superlatively have many of the army officers , and their confederate members ( though parties to these declarations and protestations ) violated them , and both houses faiths , trusts , intentions , ends in raising the army , in every of these particulars ? how have they verified , justified the kings declarations , jealousies , concerning the parliaments army , in every point , here ( and * elswhere ) disclaimed by both houses ? how have they exceeded , out acted the kings jesuiticall counsellers , and most desperate popish army , in violating , subverting both the parliaments priviledges , members and parliaments themselves , together with our * fundamentall laws , liberties , government ; for whose preservation they were onely raised , paid ? how have they pursued the kings and his worst counsellors●ootsteps ●ootsteps in all the charges here objected against them by both houses , in relation to the parliaments priviledges , members , constitution , rights , lawes , to their utter subversion , dissolution , and waged warre against them ? and doth not every man plainly discern through the mask and visard of their hypocrisie , ( to use both houses expressions ) that their designe is just the same with that here objected by the parliament to the kings ill jesuited counsellers , and popish army ; even to subject both king ; parliament and kingdome , to their needy , ambitious , avaritious spirits , and to the violent laws , marshall law , of governing the people ( yea parliaments themselves ) by guards and by the souldiers ? and * by conquest to establish an absolute and unlimited power over the parliament and good subjects of this kingdome ; as the houses elsewhere thrice objected against the late king , his army and party : being the very designe ( as many wisemen fear ) of the 27 article of their new government ; to settle a constant annuall revenue for the maintenance of 20000 foot and 10000 horse and dragoones , for the defence and security of england , scotland and ireland ? o that they would now in the name and fear of god ( as they tender the eternal salvation of their souls , the honour and priviledges of all future parliaments , the ease , welfare , settlement of our nation . ) lay all this most seriously to their hearts , and make it a matter of their greatest lamentation , and repentance ! besides this , have they not falsified that memorable * late declaration of the lords and commons assembled in parliament , novemb. 2. 1642. in answer to his majesties ( well worthy perusall now ) and made good ( both for the time past and all succeeding parliaments whiles there shal be any standing army in england able to over power them ) all the odious , scandalous positions , in relation to the english parliament , its members and priviledges ( deduced from the kings declaration , onely by inference , but disclaimed by the king ) summed up by them , in the close of that remonstrance , and published in these ensuing terms , as will evidently appear , if applied to the army , and their generall counsel of officers , by adding or exchanging their names , onely for the kings in a parenthesis ? 1. * that the king ( the army , general , and their generall councell of officers ) when he pleaseth , may declare the major part of both houses , a faction of malignant , schismatical , and ambitious persons : so that all parliaments that have been heretofore and shall be hereafter , and all laws made in them , may by this means be called in question at pleasure ; yea nulled and repealed for ever , as some former parliaments have been , when held and over-awed by armed power , or unduly elected , packed , summoned without lawfull authority , or some of the members forcibly secluded , as you may read at large in the statutes of 21. r. 2 c. 11 , 12. 16 , 17 , 18. 1. h. 4. c. 3. 1 h. 4. rot. parl. n. 22 , 23 , 36 , 48 , 66 , 70 , 39 h. 6. c. 1. and 17 e. 4. c. 7. worthy the serious perusal of our present grandees , and all illegitimate parliaments , where they may read the fatall end of all new unparliamentary projects , laws , devices , wherein many now so much glory , as if they would continue firm for ever : when as in a few years space , they will all probably prove nullities , be for ever reversed ; yea , branded to posterity , as most pernicious presidents . 2. that his majesty ( the army and their generall councell ) may declare what is the known law of the land , against the judgement of the highest court , and consequently of all his courts : so that the safety and right of king and people , and the law it self must deupon his majesties ( the armie , generall and their councels ) pleasure . 4. that as the king hath a property in his town forts , and kingdomes ; so he ( the army and their generall councell ) may dispose of them as he pleaseth ; and the representative body of the whole kingdome may not intermedle in discharge of his majesties ( the armies generalls , councels , ) trust , though by the advice of evill councellers , they see it diverted to the hazard of the publique peace and safety of the kingdome . 5. that his majesty ( the army , general , and their councell ) or any other person may upon suggestions and pr●tences of treason , felony , or breach of peace ( or of their trusts , a fourth * army new minted cause ) take the members of parliament , without giving satisfaction to the house , whereof they are members , of the grounds of such suggestion or accusation , and without and against their consent ( as in the case of the late secured , secluded members , and their two juncto's since ) so they may * dismember a parliament , when they please , and make it what they will , when they will. 6. that whosoever shall follow the king ( army , generall , and their councell ) in the wars ( against the parliament ) though it were to destroy laws , liberty , religion , the parliament it self , and the whole kingdome ; yet he shall be free from all crime or punishment . and that on the other side , to oppose by force any such force , though in the most legall way , and by authority of the representative body of the whole kingdome , is to leavy war against the king ( army , generall ) and treason ( with in the letter of 25. e. 3. or of their new knacks since ) so our lands , liberties , lives , religion , and laws themselves , whereby all the rights , both of king and people are due to them and preserved for them , shall be at the sole will and pleasure of the prince ( army , general , and general councel of officers , in their new high courts of injustice , or other martiall judicatories . o consider , consider seriously by these particulars , to what a sad , low , despicable condition all english parliaments are now for ever reduced , by the late army practises , violences , and rebellions insolencies against them , never to be parallel'd in any age which hath really verified this clause in the declaration of both houses , aug. 4. 1642. objected against the king and his popish army , in relation to themselves . that if the king ( by his army ) may force this parliament ( as the parliaments army both forced and dissolved it ) they may bid farewell to all parliaments for ever receiving good by them ; and if parliaments be lost , they ( the people ) are lost , their laws are lost , as well those lately made , as in former times , all which will be cut in sunder with the same sword , now drawn for the distruction of this parliament . * athanasius bishop of alexandria ( about the year of our lord 340. ) objected this as a great crime , barbarisme , cruelty and violation of the priviledges of councels to the arrian emperour constantine . that whensoever he called a councel , or assembly of bishops , it was but for a shew : for he would not permit them to be guided by the ecclesiasticall canont , but his will alone must be their onely canon . and when they advised him not to subvert the ecclesiasticall order , nor bring the arrian heresie into the church of god , he would neither hear nor permit them to speak freely , but grievously bending his brows ( for they had spoken crosse to his designes ) and shaking his sword at them commanded them to be taken away . whereupon he thus infers , what liberty for perswasion , or place for advice is there left , when he that contradicteth , shal for his labour lose either his life , or his country ? vvhy hath the emperour gathered so great a number of bishops , partly terrified with threats , partly , inticed with promises to condescend , that they will not communicate with athanasius ? and hilary bishop of poictou an. 360. in his first book against this tyrannical arrian emperours constantius , thus censures his violent proceedings of this kinde , to the subversion of the freedom and priviledge of councils and their members . thou gatherest covncils , and when they be shut up together in one city , thou terrifiest them with threats ( as the army officers did the secluded members 6 and 7 decemb. 1648 when they shut them up all night in hell , on the bare boards without beds in the cold , and kept them fasting all the next day at whit-hall , till 7 a clock at night ) thou pinest them with hunger , thou lamest them with cold , thou depravest them with dissembling : o thou wicked one , what a mockery dost thou make of the church and councels ? onely dogs return to their vomit ; and thou compellest the priests of christ , to sup up those things which they have disgorged , and commandest them in their confessions , to allow that which before they condemned : what bishops hand hast thou left innocent ? what tongue hast thou not forced to falshood ? whose heart hast thou not brought to the condemning of his former opinion ? thou hast subjected all to thy will , yea , to thy violence . and have not some swaying army officers , by their frowns , menaces , frauds , open force upon the parliament and its members , beyond all the presidents in any ages done the like , and exceeded this arrian tyrant ? and is it not then high time for all friends to parliaments to protest and provide against such detestable , treasonable violences for the future , destructive to all parliaments if permitted , or silently pretermitted without question , censure , righting of the imprisoned members , or any provision to redresse it for the future . our prudent ancestors were so carefull to prevent all violence , force , arms , and armed men , in or near any places where parliaments were held , to terrifie , over qaw , or disturb their proceedings or members ; * that in the parliament of 7 e. 1. ( as you may read in rastals abridgement , armour , 1. provision was made by the king ; by common consent of the prelates , earls , and barons , by a geciall act , that in all parliaments , treaties , and other assemblies , which should be made in the realm of england for ever , every man shall come without force , and withour armour , well and peaceably to the honour of the king and of the peace of him , and of his realm ; and they together with the commonalty of the realm upon solemne advise , declared . that it belonged to the king , and his part it is by his royal signiory , strictly to defend wearing of armour and all other force , against his peace at all time , when it shall please him ( especially at such times , and in places where such parliaments , treaties , and assemblies are held ) and to punish them which shall do contrary according to the laws and usage of the realm . and hereunto they are bound to old the king , as their soveraign lord , at all seasons , when need shall be . hereupon our kings ever since this statute , by virtue thereof , and by the law and custome of the parliament , ( as sr. edward cook in his 4 institutes c. 1. p. 14. informs us ) did at the beginning of every parliament , make a speciall proclamation , prohibiting the bearing of arms or weapons , in or neere the places , where the parliament sat , under pain of forfeiting all they had ; of which there are sundry presidents cited by st. edward cook in his margin ; whereof i shall transcribe but one ( which he omits ) and that is 6. e. 3. rot. parliament . n. 2. 3. because that before these dayes , at the parliaments and councels of our lord the king , debates , riots , and commotions have risen & been moved , for that people have come to the places where parliaments have been summoned and assembled , armed with privy cotes of plate , spears , swords , long knives ( or daggers ) and other sort of arms , by which the businesses of our lord the king and his realm have been impeached , and the great men which have come thither by his command , have been affrighted : our lord the king , willing to provide remedy against such mischiefs , defendeth , that no man of what estate or condition soever he be , upon pain of forfeiting all that he may forfeit , to the king , shall be seen armed with a coat of male , nor yet of plate , nor with an halberd , nor with a speare , nor sword , nor long knife , nor any other suspicious arms , within the city of london , nor within the suburbs thereof ; nor any place neer the said city , nor yet within the palace of westminster , or any place neere the said palace , by land or water , under the foresaid pain : except onely such of the kings men , as he shall depute , or by his command shall be deputed to keep the peace within the said places : and also except the kings servants , according to the sta●ute of northampton . and it is not the intention of our lord the king , that any earle , or baron may not have his lance brought to him in any place , but onely in the kings presence , and in the place of councell . the like proclamations were made in the beginning of the parliaments of 9. 13 , 17 , 18 , 20 , 25. ed 3. and sundry others , more necessary to be revived in all succeeding english parliaments now , then ever heretofore , since the unpresidented forces upon the late members of both houses , and the parliament it self by the army-officers and souldiers , raised to defend them from violence : the treasonablenesse and transcendency whereof being at large related in my epistle to the reader , before my speech in parliament 4 december 1648. i shall not here criminally presse , or insist on , but referre them thereunto : however for the future security and freedome of our parliaments from violence ; i must crave liberty to imform these army parliament-drivers , forcers , dissolves , ( habituated to this trade ) that if the * late kings march to the house of commons accompanied onely with some of his pensioners and others , armed with pistols and swords , meerly to demand but five members thereof , to be delivered up to justice , particularly impeached by him of high-treason some dayes before : to wit , that they had traterously endeavoured to subvert the fundamentall laws and government of this kingdome : to deprive the king of his royall power : to place over the subjects an arbitrary and tyrannicall power , to subvert the very rights and being of parliaments : and by force and terrour to compell the parliament to joyn with them in their designs ; for which end they had actually raised and countenanced tumults against the king and parliament . or if the * kings bare tampering with some officers of his own northern army , to draw a petition from them to the houses , or march towards london from their quarters ; ( not to seise upon , force or dissolve the parliament or its members , but only to overaw them , and impeach the freedome of their debates , votes touching episcopacy , church-government , and the kings revenews ) were such high transcendent violations of the priviledges and freedome of parliament , and unsufferable injuries , as both houses of parliament seperatly , and joyntly proclaimed them to all the world , in severall * declarations , during his life ; or such capitall crimes , as those who condemned and executed him for a traytor and tyrant , have published in the declaration of 17. march 1648. ( touching the grounds of their proceedings against him , and setling the government in the way of a free state , without king or house of lords ) since his beheading , in these very words . but above all the english army was laboured by the king to be engaged against the english parliament ; a thing of that strange impiety and unnaturalnesse for the king of england , that nothing can answer it , but his being a forraigner ; neither could it have easily purchased belief , but by his succeeding visible actions in full pursuance of the same ; as the kings comming in person to the house of commons , to seise the five members , whether he was followed with some hundreds of unworthy debauched persons , armed with swords , and pistols , and other arms ; and they attending him at the door of the house , ready to execute what the leader should command them . this they charged against the king , as the highest of his unparralleld offences ; for which they appeal to all the world of indifferent men to judge , whether they had not sufficient cause to bring him to justice ? though neither he nor his followers then seised , secured , secluded , injured any one member , when they thus went to the commons house ; yea presently retracted and offered all satisfaction that should be desired by the house for this breach of privilege : and though the northern army , nor their officers ever advanced towards , or offered the least violence to the houses , or their priviledges by petition or otherwise . then certainly the parliaments own army officers , counsels , manifold ●high printed declarations of aug. 18. 1647. sept. 6. 1648. ●and others before and since , their professed open oppositions , impeachments , against the very proceedings , votes , orders , ordinances , members of both houses of parliament , which first raised them principally for their defence ; b see their impeachments , printed in their books of declarations . the history of indepency , and my speech in parliament ] their impeachment of eleven members of the house of commons , and sundry lords at once ; their securing of above 40. and secluding of above five parts of six of the whole house of commons at once , their avowed marches with the whole body of the army , in battalia severall times to force the houses , seise their members , overaw , affright , dismember , dissolve the parliament it self , and their own new erected junctoes since , and justification of it to all the world in print [ see their humble answer touching the secured and secluded members , jan. 3. 1648. the free state of the life of the common-wealth of england , 1654. and their declarations concerning their dissolution of their two jun after these misdemeanours of the king without the least repentance for them , must needs bee farre more execrable , unwarrantable and criminall than the kings , and deserve a severer censure than his peccadilioes in respect of their crimes . and if by the whole armies printed remonstrance , august 18. 1647. the tumult of some unarmed london apprentices , who offered some small force to the houses to the violation of their priviledges , ( without securing or secluding any one member ) deserved a speedy and exemplary capitall proceeding against the principall contrivers and actors in it , as they then declared , and vehemently urged again and again in that remonstrance . nay if by their own late printed instrument of the government of the common-wealth of england , &c. articles 14. 16. all and every person and persons , who have aided , advised , assisted , or abetted in any war against the parliament since the first day of january , 1641. ( unlesse they have since been in the service , of the parliament , and given ●ignal testimony of their good affections thereunto ) shall be disabled , and be uncapable to be elected , or to give any vote in the election of any member to serve in the next , or in the three succeeding trienniall parliaments , and all votes and elections given to the contrary , shall be null and void . and if any person so made uncapable , shall forfeit one full years value of his reall estate , and one full third part of his personall estate , in case he shall give his vote for election of members , to serve in parliament : as they there adjudge ; though such persons as they intend thus to disable never waged any actual war against the parliament it self , or its members , immediately , but onely against the forces raised by the parliament , and so mediately and indirectly only against the parliament ( the case of all the late kings adherents and assistants , not within the letter , but meaning of these articles ) then doubtlesse those army officers , souldiers , and their confederates , who advised , aided , assisted , abetted , in one or more warres against the parliament houses , and parliament members themselves , whom they immediately assaulted , forced , secured , secluded , dissipated , dissolved , destroyed , and have justified it severall times , in print , without giving signall testimony of their good affections to the parliament ; and in this their instrument have laid * many chains , clogs , restraints , on all new future parliaments , of their own framing , inconsistent with the honour , freedome , priviledges and being of real parliaments , are by their own verdict and instrument , totally disabled ( as much as the archest malignants and cavaliers ) by the very letter of these articles , to be elected , or give any vote for the election of members in the four next succeeding parliaments ; and those who have given their votes in the late elections , have thereby forfeited at least one full years value of their reall , and one full third part of their personall estates ; and deserve as high , ( if not an higher ) censure , as any sequestered , or other delinquents condemned formerly by them , for bearing arms , levying and abetting any war , but onely mediately against the parliament ; and as high an uncapacity to be put not onely on themselves , but their heir males to serve in parliament , as the statute of 21 r. 2. c. 6 imposed heretofore on others , for a farre lesse offence ; to secure the members and priviledges of all succeeding parliaments , from such unpresidented , forcible violences , ruptures , dismembrings and dissolutions as the last parliament , sustained by the armies outrage and confederacy against them ; of which i desire onely to make them truly sensible . and farther to convince the army-officers , souldiers , of their late great injustice to , and affronts , contempts , against the parliament which raised them , in relation to our ancient fundamentall government and chief members of the parliament ; i shall desire them and all their confederates in cold blood , seriously to consider , whether they have not , by their undutifull , violent proceedings against them contrary to the votes , declarations , remonstrances of the parliament , endeavoured ( as much as in them is ) to falsifie this clause in in both houses declaration nov. 2. 1642. * although they would perswade his majesty , that there is little confidence to be placed in our modesty and duty ; yet as god is witnesse of our thoughts , so shall our actions witnesse to all the world ; that to the * honor of our religion , and of those who are most zealous in it ( so much strucken at by the contrivers of that declaration , under odious names ) we shall suffer more for and from our soveraign , then we hope god will ever permit the malice of evill councellers , to put us to : and although the happinesse of this and all kingdomes dependeth chiefly , upon god ; yet we acknowledge , that it doth so mainly depend upon his majesty , and the royall branches of that root , that as wee have heretofore , so we shall hereafter , esteem no hazard too great , no reproach too vile , but that we shall willingly go through the one , and undergo the other , that we , and the whole kingdome may enjoy that happinesse , which we cannot in an ordinary way of providence expect from any other fovntain or stream , then those from whence ( were the poison of evill councels once removed from about them ) no doubt , but we and the whole kingdome shovld be satisfied most aboundantly . and on the contrary , have they not fully and actually verified , in respect of themselves and their confederates in the houses , this odious aspersion , then ( only in prediction ) cast by the king on the parliament , but by them at that time renounced with greatest detestation ; and drawn those sad consequences on the whole kingdome , wherewith both houses conclude that declaration in these words ? ) 7. * that the representative body of the whole kingdome ( since dissolved by the army ) is a faction of malignant , schismaticall , ambitious persons , whose designe is and alwayes hath been , to alter the whole frame of government , both of church and state and to subject both king and people to their own law●esse ●●bitrary power and government , and that they designe the ruine of his majesties person and of monarchy it self ; and consequently that they are traitors ●nd all the kingdome with them ( for 〈◊〉 act is the act of the whole kingdome ) and whether their punishment and ruine may not also involve the whole kingdome in conclusion , and redu●●● into the condition of a conquered nation ( as some army-officers , and souldiers openly averred we are now reduced to by and under them ) no man can tell : bvt experience sheweth v● and now we finde it most true in the * army-officers , councell , souldiers ) that svccesse often draws men not onely beyond their profession , but also many times beyond their first intentions . surely as the armies and their confederates late proceedings in relation to themselves , ( though not unto the forced , dismembred , dissolved parliament , and secured members ) have fully verified this charge in every particular , then reputed most false and scandalous ; ( which i thus press upon their consciences at this time , and so largely insist on , not to defame or asperse them to the world ; but to vindicate the innocency , integrity of the majority and secluded members of both houses , against the scandalous printed aspersions of militiere and other papists , to preserve and justifie the honour of our reformed religion , and of the most zealous professors thereof ; to restore , re-establish if possible , the priviledges , the freedom of all future parliaments , much impaired , endangered by their heady violent proceedings , to convince them by what jesuitical , popish , old court-principles , counsels , practises , they have hitherto been mis-guided ; and to reclaim them , as much as in me lieth , for the future from the like destructive practises , for the publick safety , peace , settlement of our distracted kingdoms ; and do most earnestly beseech them , as they are english men , souldiers , christians , seriously to repent of and lay to heart , lest they perish eternally for them at last . ) so the army-officers , souldiers , great successes in all their wars , designs and forcible proceedings against the king , parliament , kingdom , government , laws , and liberties ; as it hath caused them not onely beyond their professions , but also beyond their first intentions , commissions , protestations , to forget that gospel-precept given to souldiers , luke 3. 14. to advance themselves to a more absolute soveraign arbitrary power over them , then ever any kings of england claimed or pretended to , ( as their late proceedings , remonstrances , and transcendent instrument of the government of the three kingdoms manifest ; ) so it hath been the s principal ground whereby they have justified all their unpresidented forementioned exho●bitances as lawful , commendable , christian , and that which hath struck such a stupyfying pannick fear , such a stupendious cowardize , baseness , sottishness , into the generality of the nobility , gentry , ministery , and commons of our late most heroick english nation , that there is scarce t a man to be found throughout the realm of any eminency ( though we should seek after him like diogenes , with a candle ) that dares freely open his mouth against the most irregular , illegal , violent , destructive arbitrary proceedings , usurpations , innovations , oppressions , taxes , projects , to the shaking and utter subverting of our ancient fundamental laws , liberties , rights , properties , parliaments , parliamentary priviledges , government ; and taking away of the very lives of some ( and thereby endangering the lives of all other ) english freemen of all degrees , in mischristened high courts of justice . such a strange charm is there in success alone , to metamorphise men into meer v temporizing , slavish , sordid sotts and beasts ; yea , to cause not onely persons truly honourable , but the very x devil himself , and the worst of beasts , to be wondred after , applauded , adored , not onely as saints , but gods. we read rev. 13. of a monstrous deformed beast , to whom the dragon ( the devil ) gave his power , seat and great authority ; whereupon , all the world wondred after the beast , and worshipped not onely the dragon , that gave him power , but the beast likewise ; saying , who is like unto the beast ? who is able to make war with him ? and there was given unto him a mouth speaking great things and blasphemies , and power was given him to continue and make war forty and two months . and power was given unto him to make war with the saints , and to overcome them ; and power was given him over all kindreds , and tongues , and nations , and ( hereupon it follows ) all that dwell upon the earth shall worship him , whose names are not written in the lambes book of life . and another beast ( under him ) caused the earth and all that dwell therein to set up the image of this beast , and to worship it ; and he caused all both small and great , rich and poor , free and bond to receive the mark of the beast in their right hand , and in their foreheads ; and none might buy or sell , but he that had this mark ; and as many as would not worship this beasts image , were ordered to be killed . yet this blasphemous beasts reign and power continued but twenty four months , rev. 13. 5. this beast , ( in the height of his power and victories ) was by god himself , threatned to go into captivity , and be killed with the sword , as he had led others into captivity , and killed them with the sword , ver . 10. all his followers and worshippers shall ( soon after ) drink of the wine of gods wrath , and be tormented with fire and brimstone , &c. rev. 14 , 9 , 10 , 11. the saints at last shall get this victory over the beast , rev. 15. 2. and the beast himself ( notwithstanding all his former victories , friends , and great armies ) was at last taken , and his false prophet with him ; and were both cast alive into a lake burning with fire and brimstone , and all his forces were slain with the sword , and the fowls were filled with their flesh , rev. 19. 19 , 20 , 21. from which texts i have frequently silenced , confounded some of our conquering army-officers and souldiers , whiles prisoner under them , when they were vapouring of their great victories , successes , and concluding from thence , both their saintship , and the goodness of their actions ; saying oft-times like the beasts followers here , who is able to make war with us ? and that with these genuine deductions from these texts , which they could not reply against ; worthy all souldiers their saddest meditations . 1. that god may , nay oft-times doth give great power to the very worst and most blasphemous of all men and beasts ; & that not only over one or two , but many tongues nations , as in this text , and dan. 7. 3 , to 29. c. 8. 4. to 27. 2. that such beasts many times may and do not onely make war with , but even overcome the very saints themselves in battel , as the babylonians , assyrians , and other ungodly beasts did the israelites , gods own saints and people , psa . 79. 1 , 2 , &c. dan. 7. 21 , 23 , 24 , 25. isa . 10. 5 &c. c. 14. 16 , 17. jer. 26. 6 , 7 , 8. c. 25. 9 , &c. yet they were but blasphemous beasts , and wretches still , not saints . 3. that if such beasts have but great power and success in their wars , enterprises , against their enemies , or the saints themselves ; though their mouths utter blasphemies against the god of heaven , his name , tabernacle , saints ; though their actions , designs be never so impious , atheistical , treasonable , detestable , their power but short and fading , yet whiles they are in power and prosperity , the whole world will wonder ▪ run after , worship , flatter , saint , deifie and adore them for gods , ( as y alexander the great , and julius caesars friends , flatterers did them ; and some wicked popes favourites them too ; ) yea , set up and worship their very images , receive their marks in their hands , foreheads , and extol them to the skies , saying , who is like unto the beast ? who is able to make war with him ? 4. that such adulatious speeches , vaunts , practises as these , and such arguments of saintship or the goodness of mens causes , undertakings , actions , onely from their present power , victories and successes , are the arguments , practises , of worldly , earthly , beastly men ; of worshippers of the beast and dragon , of z assyrians , turkes , popes , not of the elect real saints of god , whose names are written in the lambes book of life ; who will neither flatter , worship nor adore such beasts , nor receive their marks in their hands or foreheads though they be prohibited to buy or sell , or slain for refusing it , by their instruments , rev. 13. 8 , 15 , 17. dan. 3. 12. to 29. 5. that such beasts in power , will never want under-beasts and instruments , nor yet a false prophets to perswade or enforce obedience & subjection to them , even by disfranchisements , death , lying wonders , flattering prophecies , speeches , sermons , &c. 6. that the power and dominion of such beasts , is given and derived to them immediately by the dragon ( the b prince of the power of the air ) onely by gods permission , not his approbation , rev. 13. 2. hos . 8. 4. 2 thess . 2. 4 , 8 , 9. and that in wrath , for the punishment of the peoples sins , and destruction of the beasts themselves at last , hos . 13. 11. rev. 13 , and 14 , and 19. psal . 64. 23. jer. 51. 24 , &c. c. 52. throughout . hab. 2. 6 , 7 , 8. 7. that this their dominion , raign and triumph is commonly very short , like this beasts here , for twenty four months , rev. 13. 5. which is but three yeers and an half . c julius caesar that great first conqueror of this island and a great part of the world ; usurping the supream power over the roman senate , and changing the government , lived onely five months a soveraign lord in peace , and then was suddenly stabbed to death in the senate-house , by those friends in whom he reposed greatest trust ; for his tyrannical usurpations , and alteration of their former government , for endeavouring ( as was suspected ) to make himself king of the romans , though he rejected the title of king when offered unto him by m. antonius , saying , that jove was onely king of the romans , that so he might seem to be compelled to receive it by the people , being their king in deed , though not in name : and for saying , that the commonwealth was but a voice or name , without a body or substance . nullum violentum est diuturnum . see isa . 10 , and 14. job 20. 4 , 5 , &c. psal . 37. and 73. psal . 92. 6 , 7. isa . 17. 13 , 14. 2 chron. 23. and sir wa●ter rawlies preface to his history of the world , worth serious perusal by the grandees of these times . 8. that in conclusion such conquering usurping beasts , notwithstanding all their power , friend , followers , confederates , armies , poli●ies , are usually conquered , taken , slain on earth , and cast into the lake burning with fire and brimstone for ever , for their tyrannies , blasphemies , bloodsheds , oppressions of the people and gods saints : and their confederates , arm●es false prophets , followers , adorers * destroyed with them even on earth ; and then made to drink the cup of gods wrath , fury and torments for ever in hell , isa . 10 , and 14. jer. 50 , and 51. rev. 19. 12 , 20 , 21. 9 , that though they continue conquerors and victorious for many yeers ; and conquer not onely , one , two or three , but many kings and kingdoms ; cut off not onely the thumbs of their kings , that they might not lift up a sword against them , and their great toes , that they may not run from them , but their heads too ; yet god at last ( in his retaliating justice ) doth usually pay them home in their own coyne , as is e●ident , not onely by * bajazet the turkish emperour , our * king penda , and others in prophane stories ; but by that memorable history of adoni-bezek● ; d who after his conquest of no less then seventy kings , ( who ever in this later age , conquered one quarter so many ? ) and tyrannizing over their persons , was , by a small party of judah and simeon , fought with on his own dung-hil , his victorious old army totally routed , ten thousand of them slain , himself forced to fly , pursued , and taken prisoner by these contemptible enemies , who cut off his thumbs and his great toes . whereupon adoni-bezek ( though an idolatrous canaanite ) used these memorable words , worthy all conquerors and tyrants memorial ; recorded by god himself to all posterity , judg. 1. 7. threescore and ten kings having their thumbs and their great toes cut off , have gathered their meat under my table ( like so many dogs rather then kings ) as i have done , so god hath rewarded me : and they brought him ( prisoner ) to jerusalem , and there he died ▪ see the like retaliation threatned , inflicted . hab. 2. 6 , 7 , 8. isa . 31. 1. dan. 7. 23 , to 27. obad. 15. ezech. 35. 5 , 6 , 15. rev. 16. 5 , 6. jer. 51 , and 52. nah. 3. 1 , &c. rev. 13. 10. joel 3. 6 , 7 , 8. 2 chron. 22. 10. compared with c. 23. 12. to the end . 10. that the elect saints of god , do by faith in the word of god , and upon consideration of the usual providence and justice of god towards such beasts and bloody conquerors , most assuredly foresee their downfal , and with patience expect it , rev. 13. 9 , 10. if any man have an ear let him hear . e he that leadeth into captivity , shall go into captivity ; he that killeth with the sword , must be killed with the sword : here is the patience and the faith of the saints . o that we had this faith and patience within us now ! 11. that upon this faith and assurance , the true elect saints of god , neither will , nor do , nor dare to admire after , follow , worship or adore such beasts , or their image , nor receive their marks in their hands , or foreheads , though all the world else readily do it without opposition ; enduring patiently rather to be warred upon , killed , secluded from buying or selling any thing , then unchristianly to adore , subject , or enslave themselves unto them , rev. 13. 2 , 15 , 17. esther 3. 1 , to 7. 2 kings 3. 13 , 14. john 10. 4 , 5. dan. 3. 4 , to 30. 1 king. 19. 18. 2 chron. 11. 13. to 18. which serious seasonable considerations , as they should daunt the hearts and allay the high presumptious spirits of the most successful conquerours , powerful usurpers over , and violent invaders of the liberties , lives , estates , rights , properties of their lawful superiors or christian brethren , and all subverters of the laws , priviledges , parliaments , government of their native country , especially against their oathes and trusts : so the meditation on them , together with the contemplation of the infinite power , wisdom , faithfulness , justice , holiness , presence , and gracious promises of god , have at all times and seasons hitherto , invincibly animated , steeled , fortified my sonl in the midst of all my sufferings , both under the domineering prelates , parliament-assaulting army-officers , the late tyrannical cashiered republicans , and all other self-created oppressing powers , which ( if not already dead and buried in the dust , with all their thoughts and high aspiring projects , ) yet shall certainly f die ere long like men , and become as dung ; yea , they have enabled me by faith and patience , to be g more then a co●quering triumpher over them : and to sing aloud with magnanimous david ( a man after gods own heart ) long before their down-fall , psal . 27. 1 , 2 , 3. the lord is my light and my salvation , whom shall i fear ? the lord is the strength of my life , of whom shall i be afraid ? when the wicked even mine enemies and my foes came upon me to eat up my flesh , they stumbled and fell . though an host should encampe against me , ( as they did at westminster , at my house , and in sundry garrisons , where i was a prisoner under souldiers ) my heart shall not fear : though war should rise against me , in this i will be confident . i will not be afraid of ten thousands of people that have set themselves against me round about . and to cry out in pauls words of defiance against all enemies and perils in the cause of my god and country ( uttered in his own and all true elected saints names ) rom. 8. 35 , &c. who shall separate us from the love of christ ? ( or my native country , as well actively as passively considered ; ) shall tribulation ? or distress ? or persecution ? or famine ? or peril ? or sword ? ( of an whole army or other powers ) nay , in all these things we are more then conquerors through him that loved us . for i am perswaded , that neither death , nor life , nor angels , nor principalities , nor powers , nor things present , nor things to come , nor height , nor depth , nor any other creature , shall be able to separate us from the love of god which is in christ jesus our lord. and to say with him in all threatned dangers for my sincere consciencious publick services , act. 20. 22 , 24. and now i go bound to jerusalem , not knowing the things that shall there befall me , save , that the holy ghost witnesseth in every city , saying ; that bonds and afflictions wait for me . but none of these things move me , neither count i my life dear unto me , so as i may finish my course with joy , and the ministery which i have received of the lord jesus , &c. and verily methinks the serious contemplation thereof , and of all the premises , with that of 2 sam. 10. 12. isai . 51. 12. jer. 1. 8. ezech. 2. 2 , to 6. matth. 10. 26 , 28. isai . 1. 12 , 13. coupled with psal . 11. 2. if the foundations be destroyed , what can the righteous do ? prov. 24. 22 , 23. my son , fear thou the lord and the king , and meddle not with those who are given to change , for their calamitie shall rise suddenly ( which we have seen verified in many late changers , mock-parliaments and self-created new powers , ) and who knoweth the ruine of them both ? should now at last banish all base carnal fears out of all timerous hearts , rouse up the lan●uishing , fearful , dead , stuped spirits of our degenerated english nation , and engage them all unanimously , undauntedly to claim , vindicate , regain , re-establish those ancient undoubted hereditary fundamental rights , liberties , priviledges , franchises , laws , government , ( purchased with their ancestors and their own dearest blood , treasures ) which belong to the whole kingdom , to all true english parliaments , freemen in general , and to every of them in particular ; whereof they have of late yeers been forcibly disseised or hypocritically cheated by pretended patrons , preservers , and propugners of them , the substance whereof i have here set before their eyes in ten brief propositions , and by records , statutes , presidents , histories , contests , resolutions in all ages , undauntedly , ( as their common advocate ) asserted , fortified to my power , for their encouragement and president in this publick work . and if they will now but couragiously second me herein , with their joynt , bold , rightfull claims , votes , declarations , and resolute demands of all and every of their enjoyments , and future inviolable establishments , according to their oaths , vows , protestations , duties , manifold late declarations , remonstrances , solemn league , covenant , and the encouraging memorable presidents of their ancestors in former ages here recorded ; i dare assure them ( by gods blessing ) a desired good-success , whereof their ancestors never failed : no mortal powers nor armies whatsoever , having either impudency or ability enough to deny , detain them from them , if they will but h generally , unanimously , couragiously , importunately claim and demand them as their birth-rights . but if they will still basely dis-own , betray and cowardly desert both them and their assertors , and leave them to a single combate with their combined jesuitical enemies ( whom none take care to discover , suppress or banish out of our realms , where they now swarm more then ever ) and armed invaders ; the fate of our old english britons , when they improvidently neglected to unite their counsels , forces against , and fought onely singly with the invading united armies of the romans , is like to be englands condition now ; i dum pugnant singuli , vincuntur universi : the single champions of our liberties , laws , rights , will be easily over-powered , destroyed , for the pesent ; and all others ( by their unworthy treachery and basenes● , in not adhering to , but abandoning their present patrons ) discouraged , disabled to propugne , regain them for the future : & the whole kingdom vanquished , enslaved to them for eternity in all humane probability , to those who have broken your k former yokes of wood , but instead thereof have made for , and put upon you yokes of iron : and by the jesuites machiavilian plots and policies , will reduce you by degrees under a meer papal yoke at last , having deeply leavened many in power and arms , with their forementioned most desperate jesuitical positions , practises and politicks , which will soon usher in the whole body of popery and all damnable heresies whatsoever , to the ruine of our religion , as well as laws and liberties . wherefore , seeing it neither is , nor can be reputed treason , felony , sedition , faction , nor any crime at all , but a commendable bounden duty , to which our protestations , oaths , leagues , covenants , reason , law , conscience , our own private and the publick interest , safety of the nation engage us , for all and every freeborn englishman , joyntly and severally to claim , maintain , preserve , by all just , honourable , publick and private wayes they may , their unquestionable hereditary birth-rights , laws , liberties , parliamentary priviledges , &c. here asserted & presented to them , after so much blood , treasure , labour spent to rescue them out of the hands of old and late oppressing tyrants ; nor any offence at all , but a praise-worthy fervice now in me , or any other , publickly to encourage them to this duty , ( and the strenuous defence of our endangered undermined protestant religion subverted , with our laws and liberties , and living or dying together with them ) at this present , as i have done heretofore upon all occasions ; and seeing none can justly censure them or me , for discharging our oathes , consciences , covenants , protestations , duties in this kinde , but such as shall thereby declare themselves publick enemies and traytors to the whole nation , laws , government , parliaments of england , as the resolutions , presidents , herein cited , yea their own best friends , ( and our reformed religion too ) have already adjudged them : i shall therefore exhort the whole english nation , and all real lovers of their own or their countries liberties , peace , laws , ease , safety , religion , and future establishment in this common cause , in the words of the philistines one to another in a time of need , when they were greatly affraid , 1 sam. 4. 9. be strong and l quit your selves like men , o ye philistines , that ye be not servants to the hebrews , as they have been to you : quit your selves like men , fight , &c. that so ( as the apostle writes in the like case , phil. 1. 27 , 28. ) whether i come and see you , or be absent from you ; i may hear of your affairs , that ye stand fast in one spirit , with one minde , striving together for the faith of the gospel ; ( and the ancient fundamental laws , liberties , rights , priviledges , parliaments , government and religion of our realm , which the jesuites and their instruments make their master-piece totally to undermine and subvert ) and in nothing terrified by your adversaries , which is to them an evident token of perdition , but to you of salvation , and that of god. if the presidents of your renowned ancestors here recorded ; the paterns of m many gallant pagan romans , graeoians , who have spent their lives , for their countries , laws , liberties ; or if my example and these my lucubrations shall provoke you hereunto ; i shall think my labour well bestowed ; and you and your posterities worthy to live like english free-men . but if you will now neither manfully demand , speak or contend for them any more , out of a slavish fear of a prevailing army raised onely for their just defence , or any other humane powers whatsoever ; nor once adventure with united spirits now at last so much as confidently , and boldly to ask these unquestionable birthrights at the thrones of any mortal grandees , your fellow-subjects , when god almighty himself commands you , to come with boldness to his coelestial throne of grace , that you may obtain ( not meer right as here , but ) mercy it self , and grace to help in time of need , heb. 4. 16. qui timide rogat , docet negare ; you can neither hope for , nor ever obtain them for the future , but deserve eternally to forfeit them , and you and yours to be made slaves for ever : however i ( though these collections prove successless ) shall carry this as a comfortable cordial with me to my grave , that i have faithfully discharged my conscience and b●unden duty to my degenerous native country , by endeavouring all i could both to make and preserve it free indeed , to detect and prevent all jesuitical plots and practises , to undermine , embroyle , divide , subvert , ruine it ; and used my utmost sincerest constant endeavours in my place & calling herein . but if through the malice , tyranny or injustice of any prevailing enemies of publick freedom , or jesuitical agents , i shall chance to suffer for it in any kinde ( as i have formerly done for most of my publick services of this nature ) be it close-imprisonments , fines , pillories , stigmatizings or death it self ; i shall onely say beforehand , as gregory the great did heretofore : indict . 2. epist . 78. in causa qua deo placere cupio , homines non formido : and as noble heroick esther did , in a like publick case for her endangered captivated nation , n if i perish , i perish : and this my unrighteous suffering , shall be a new glorious crown of martyrdom to my head , both in earth and in o heaven it self : when the crowns , names , fames of all my causeless malicious enemies , adversaries , persecutors , and all enemies to our laws , liberties , priviledges , parliaments , kingdoms , church , religion , shall fade , stink , perish like dung , and be had in perpetual execration in all our three kingdoms ; yea , my bonds , blood , books , shall ( i hope ) through gods own blessing on them , prove semen ecclesiae , reipublicae , regni , legum , libertatum ac paliamentorum angliae , in future ages , when their carcasses , who are publick enemies to , and subverters of them , shall lie rotting in their graves , and their souls ( without sincere repentance ) be scorching , roaring in infernal flames , if not rise up in judgment against and condemn them before all the tribunals in earth and heaven , both now and hereafter , at that great judgment-day , when i , they , and all mankind shall and must p appear naked , upon equal terms ( stript quite of all armed guards and earthly greatness , to secure them from being brought to judgement ) before the tribunal of jesus christ himself , ( in the view of all the holy angels and mankinde ) to give an account of the things done in the body in this world , according to that i and they have done , whether it be good or evil ; when all hypocritical maskes , disguises , carnal state-policies of pretended necessity , publick safety , danger , justice ; with all other machiavilian unrighteous practises to guild over the most unrighteous , impious , oppressing , bloody , treasonable , perfidious publick actions , will prove but so many aggravations of politicians crying sins , and of their eternal punishments for them . to draw towards a conclusion ; i shall recommend to the whole english nation and all cordial well-wishers to the prosperity , peace , settlement of our distracted kingdoms , churches , and endangered religion , either in or out of power , these five considerations more , which have deeply affected my spirit , and particularly engaged me in this undertaking , for their better information , and our common preservation from total and final impendent ruine . 1. that a father parsons , the trayterous english jesuite and his jesuitical society some yeers since prophesied , that they have it by revelation , that by special commandment from god , their order and society , was miraculously instituted for this end , to work a dismal change amongst us : that the time is come , wherein all laws , customs and orders must be altered , and all things turned upside down : and that they being the onely men that have the name , office and authority of jesus , by them it is , that this marvellous change & alteration shall be wrought in such sort , as from the beginning of the world was the like never heard of before , to this present . and may we not then justly suspect , fear , conclude , that all our late dismal changes and turning all things upside down in our church , state , kingdoms , parliaments , were originally promoted , contrived by the jesuites , and effected by the seduced officers and souldiers , as their del●ded instruments ? 2. that this jesuite parsons in his books of the reformation of all the states of england , as he prescribed reformations to the prince , court , counsellors , noblemen , bishops , prelates , pastors , universities , lawyers , laws , in which he will have strange metamorphoses ; so likewise , the court of parliament he will have brought to better form , as w. w. ( a secnlar priest ) in a dialogue between a secular priest and a lay-gentleman , printed at rhemes , anno 1601. watson in his quodlibets , p. 92. to 96. 320. to 334. william clark ( a secular priest in his answer to father parsons libel , p. 75. &c. ) in direct terms attest . and may we not then justly suspect , that the late new-models and reformation of our kingdoms , parliaments , government , laws , &c. proceeded primarily from the jesuites projections and plots against them , if the statutes of 23 eliz. c. 1. 27 eliz. c. 2. 35 eliz. c. 2. 1 jac. 1 , 2 , 4 , 5 , 7. 7 jac. c. 6. and the manifold declarations of both houses of parliament , exact collection , p. 491 , 462 , 497 , 498 , 616 , 631 , 666 , 698 , 813 , to 828. may be judges ? 3. that the jesuites drift directly is ( immediately by means of * conquest intended for england ) to bring it and all christendom into an uproar , for common souldiers to examine their soveraigns , what title they hold by ; that thereupon themselves by craft , money and multitudes gathered together through their policy , may bring england , ( and then ) spain , and all the rest under their subjection and monarchy : and that principally by this jesuitical position , that every precopie , or tartarian multitude , getting once the stile and title of a publick state , or helvetian commonwealth , may alter , change and innovate the course of inheritances and succession to crowns and kingdoms , and also to every private persons heritage holden in fee-simple : as d william watson assures us in these very terms . and whether the jesuites have nor instructed our army-officers and common souldiers upon this pretext , and for this very end , to examine their soveraigns , yea , our parliaments titles , priviledges , and powers too of late , and dispose of them at their pleasure ; let themselves , the whole nation , with all in present power , in the fear of god , most seriously consider , without passion or affection , before it be over-late . 4. that the oaths of supremacy and allegiance specially made & prescribed by our most wise , zealous , c protestant parliaments , to prevent the treasonable plots and designs of popes , jesuites , and papists , against our protestant princes , realms , parliaments , religion , though confirmed by many statutes , and containing in them onely the declaration of such a duty , as every true and well-affected subject , not onely by the bond of allegiance , but also by the commandment of god , ought to bear to the king , his heirs and successors ; and none but persons infected with popish superstition formerly oppugned , ( as the prologue of the statute of 7 jacobi c. 6. positively resolves ) have by late state-innovators , not onely been discontinued , suspended , but declaimed against and repealed ( as much as in them lay ) as d unlawful oaths , e the new oath for abjuration of popery , with all bills against jesuites and papists , presented to the late king by both houses the last parliament , and by him consented to in the isle of wight , wholly laid aside , and quite buried in oblivion . the solemn protestation , league and covenant prescribed by the last parliament , and taken by all the well-affected in all the three kingdoms ( to f prevent the dangerous plots of papists and jesuites , and our common enemies to destroy our religion , churches , realms , government , parliaments , laws , liberties ) quite antiquated , decried , detested , and a g new engagement forcibly imposed under highest penalties and disabilities upon all men , diametrically contrary to these oaths , protestations and covenants , which have been ( by a new kinde of papal power ) publickly dispenced with , and the people absolved from them , to become sworn homagers to other new self-created lords and masters . and are not all these , to considerate zealous protestants , strong arguments of the jesuites predominancy in our late counsels changes of government ? 5. that the notion of the present government , ( in my weak apprehension ) deriving its original from the jesuites-late invented h present church , the onely supream power , and judge of controversies , which all men must submit unto without dispute by their determination as they must do to that present republican government , and new optimacity , and popularity lately set up instead of our monarchy . which two forms of government , as they were the inventions of factious graecians at first , which put all their cities into combustions , fury , frenzy , and civil wars against each other , to their utter overthrow in conclusion , witness these verses of i heniochus an ancient greek comaedian : tum geminae ad illas accesserunt mulieres ( ritas quae cuncta conturbarunt : optima est nomen alieri : alteri popularitas ; ( runt . quarum incitatu pridem externatae fuso k parsons , l campanella , m cardinal rech●li●u , designed to introduce and set them up amongst us in england , scotland and ireland , of purpose to divide and destroy us by civil wars and combustions , and bring us under their jesuitical power at last , as the marginal authorities declare to all the world . and if this be undeniable to all having any sence of religion , peace or publick safety left within their b●ests , is it not more then high time for us to awake out of our former lethargy , and sordid , selfish stupidity , to prevent our ruine , by these and other forementioned jesuitical practises ? or can any english man , or real parliament be justly offended with me for this impartial discovery of them ? and for my endeavours to put all the dislocated members and broken bones of our old inverted fundamental body politick into their due places , joynts and postures again , without which there is no more n possibility of reducing it to its pristine health , ease , settlement , tranquility , prosperity , or of preserving it from per●ecual pain , inquieration , consumption and approaching death , ther●of a natural body whose principal members continue dis-joynted , and bones broken all in peices , as all prudent state-physitians must acknowledge . these five considerations , together with the premises ; will i presume sufficiently justifie this my undertaking and impartial discovery of jesuitical plots to ruine our church , religion , kingdoms , parliaments , laws , liberties , government , against all malicious enemies , accusers , maligners whatsoever , before all the tribunals of god or men , where i shall be ready to justifie them upon all occasions . in perpetual testimony whereof , i have hereunto set my hand , and by god's grace shall ever be ready to seal them and the truth of god with my blood , if called out to do it . swainswick , aug. 12. 1654. will. prynne . a legall and historicall vindication of the fundamentall , rights , and laws of england . chap. iii. i have in the two precedent chapters fully proved , that the kingdome , and freemen of england have some antient hereditary just rights , liberties , franchises , laws and customes properly called fundamentall , together with a fundamentall government , no wayes to bealtered , undermined , subverted directly or indirectly to the publick prejudice , underpain of high treason in those who shall attempt it , especially by fraud , force or armed power ; and given you likewise the heads of the chiefest of them in x brief propositions . i shall now in the third place proceed , in a chronologicall way , to present you with a large historicall catalogue of the severall nationall , parliamentall , legall , martiall publick and private contests , great charters , lawes , statutes , votes , declarations , remonstrances , claimes , records , evidences , writs , oathes , vowes , protestations , covenants , excommunications , confirmations , judgments , resolutions , and principall authorities in all ages , both under the antient britons , saxons , danes , normans and english kings , till our present times ; plentifully , undeniably evidencing , declaring , vindicating , asserting , establishing , perpetuating these fundamentall , hereditary rights , liberties , priviledges , franchises , customes , lawes : and abundantly manifesting the extraordinary zeal , courage , wisdome , and vigilancie of our ancestors , to defend , preserve and perpetuate them to posterity , without the least violation or dimin●tion . i shall begin with the highest antiquities extant in our histories , pertinent to my theame , and so descend to those of punier times , relating all of them for the most part ( except here and there where the identity of the subject matter and desire of brevity occasion me to vary somewhat from this intended method ) according to their antiquity and chronologicall series of time , referring such particulars of them as relate to each of the forementioned x. propositions in the second chapter , only with figures in the margin , designing the severall propositions unto which they have more immediate reference ; without reducing these historicall collections to distinct heads under every proposition in order , as i have proposed them ; which course would have interrupted my chronologicall method , and caused a frequent repetition of sundry passages , charters , acts , oathes , records , relating to severall of these propositions for the most part , not to one of them alone , which i shall now avoid by affixing the number of single proposition whereunto they refer in the margin , eachwherewith the reader may easily compare them , with more delight , and as much satisfaction , as if i had marshalled them all in rank and file under those distinct propositions whereunto they have relation . as for those historicall passages which contain the severall publick parliamentall or martiall contests of our ancestors , with their kings and other invading nations , for their liberties , rights , laws , customes , and great charters in the generall , i have annexed no figures unto them , every of them for the most part , referring to all or most of these propositions in grosse , though not particularly specified in these contestations for them . and because i intend for the better confirmation of our antient fundamentall liberties , priviledges , freedomes , rights , lawes , government , and greater benefit of posterity , briefly to passe through the severall successive reigns and dominions of the britons , romans , saxons , danes , normans , as well as of our english kings since the conquest ( as we usually style it ) whereon i shall principally insist , as of greatest , nearest concernment to us of this generation , i shall for order sake , divide this chapter into distinct sections : the rather , because the largenesse of it may occasion the stationer to publish it ( as he did the two first chapters ) in severall parts , as they shall be printed , the compleating of the whole requiring longer time ( in respect of my remotenesse from the presse , and the largenesse thereof ) then the present usefulnesse of each part , and the longing desires of some readers after it , would willingly allow for its publication in one whole volume , which every mans purse who desires it , cannot so easily purchase in these necessitous times , as it may do in parcels . section i. concerning the ancient britons contests for their liberties and lawes , against tyrants , and invaders of their fundamentall government rights , and of their great councels till the romans couquest . it is agreed by all our historians , that the britons were the originall known inhabitants of this iland , from whom it was stiled britain ; but from what forrain nations the britons descended , our antiquaries differ in opinion : our later writers herein dissenting from those of former ages , with whom i must begin . most of our a antient historians , and the whole famous parliament held at lincolne , anno 28 e. 1. ( in the learned * letter therein compiled and agreed to be sent by the king to pope boniface , to prove the subjection and homage of the kingdome and kings of scotland from time to time to the kings of england iure dominii , as supreme lords thereof , by historicall precedents in former ages , collected out of all histories and records then extant ) unanimously record , that the britons originally descended from the trojans ; that they arrived here in britain about the dayes of ely the priest , under brute their first king , who divided it at his death into three distinct parts and kingdomes between his three sons ; leaving that part thereof now called england ( then loegria ) to loerinus his eldest son and his heirs , as an hereditary , not elective kingdome , according to the custome of the trojans ; b petebal enim troana consuetudo , ut dignitas hereditatis primogenito perbeni●et , as our historians ; and that whole parliament of 28 e. 1. resolve . so that an hereditary kingdome and monarchicall government by kings , was the originall fundamentall government setled in this iland by brute ; and that as well in those parts thereof since called scotland and wales , as england , which all our c historians , asserting this originall of the britons unanimously attest , with that answer which diana gave unto brute before his arrivall in britain , when she directed him to come and seat himself therein , further evidenceth , if we may give any credit hereunto . brute sub occasu solis , trans gallica regna insula in oceano est , undique clausa mari : insula in oceano est habitata gigantibus olim , nunc deserta quidem , gentibus apta tuis . hanc pete , namque tibi sedes erit illa perennis , hic fiet natis altera troja tuis . hic de prole tua reges nascentur , & ipsis totius terrae subditus orbis erit . with this concurreth the more authentick testimony of d cornelius tacitus ; the britons heretofore were governed by kings ; now they are divided by petty princes into parties and factions : with that of pomponius mela , britain bringeth forth nations , and kings of nations . the very first act that made their first king brute most famous before his arrivall in britain , e was his delivering of 7000 trojans , his native countrymen ( with their wives and children ) from their servitude and bondage under king pandrasus and the graecians , whom he vanquished and took prisoner in battle , and thereby restored them to their lost liberty . after which victory , brute major●● na●u convocavit , assembling the elders of the people ( in nature of a parliament ) demanded their advice , what he should do with pandrasus , and what things and conditions he should for their benefit demand of him , which he would willingly grant being in their power . whereupon some advised him to demand a part of his kingdome for them freely to inhabit : others counselled , rather to demand of him free liberty for them all to depart thence , with accommodations for their voyage to seek another habitation elsewhere ; others advised to bring pandrasus forth a●d to put him to death , and seise upon his realme , in case he refused to grant their demands . at last mempritius , a great counsellor standing up said , regem interficere cupiditate dominandi nefas mihi videtur , cum omnibus licitum sit pro patria pugnade ; to slay a king out of a desire of reigning in his stead , seemes a wickednesse unto me , seeing it is lawfull to all men to fight for their country : ( this was the divinity and morality of the very pagan britons in that age ) whereupon i rather advise , that we should demand his eldest daughter from him as a wife for our captain brute , and a good sum of gold and silver with her for her dowry , with ships and all other necessaries for our jouruey , and free license to transport our selves to some other country , because we can never hope to live peaceablely there , seeing the children and nephewes of those which we have newly slain in these warres , would meditate revenge . to the which , tota multi●udo acquievit , all the multitude assented ; and pandrasus to save his life and gain his inlargement , willingly condescended to , furnishing them with ships and provisions . with which brute and all his associates arriving at totnes in albion , seating themselves there , brute from his name styled this iland britain , and his companions britons , destroying those few gyants which formerly possessed it ; and then building a city which he styled troy-novant ( now london ) dedicavit eam civibus jure victuris , deditque legem qua pacifice tractarentur . in this history of our first british king brute , we have these 5. remarkable particulars ; 1. a warre to shake off slavery , and recover publick liberty . 2. a kinde of generall parliamentary councell summoned by brute , of all the elders of the britons , to advise of peace , warre , and of their common safety and affaires . 3. a resolution against killing even a tyrannicall oppressing king , taken in the field in battle , out of covetousnesse to enjoy his crown and dominions , as a most wicked act . 4. a setling of an hereditary kingly government in this isle upon the very first plantation of the britons in it . 5. lawes made and given to the people , whereby they might live peaceably without injury or oppression . this kingdome descended in lineall succession from brute and his posterity , to f leir son of king bladud , who reigning 60. years , and having only three daughters , consilio procerum regni , by the counsell of the nobles of the realme ( assembled in parliament ) gave two of his daughters in marriage to the dukes of cornwall and albania , with one moiety only of the iland whiles he lived , and the whole monarchy of britain after his death . after this , porrex slaying his elder brother ferrex to get the crown , was slain by his own mother and her maids for his treason and fratricide ; whereupon civill discord arising a long time , the kingdome thereby was subjected to five severall kings , who infested one another with mutuall slaughters , till g dunwallo molmutius succeeding his father clotho king of cornwall in the crown , slaying the usurping kings of loegria , wales and albania , reigned alone over them ( about the time of nehemiah ) after which he enacted certain laws , called molmutine laws ; which for many ages after were very famous and generally observed among the britons ; yea used , commended by the saxons and english , and inserted into edward the confessors lawes , being famous till william the conquerours time . what these lawes were in particular , in relation to the liberty and property of the subject , appeares not ; but the issue proves , that they tended to publick peace , and preservation of the subjects persons and estates from violence . for in his reign after these lawes published ( for confirmation whereof he built the temple of concord in troynovant , where he was afterwards buried ) latronum mucrones cessabant , raptorum saevitiae obturabantur , nec l●erat usquam qui violentiam alicui ingereret ; the swords of theeves ceased , the cruelties of plunderers and violent takers of mens goods and possessions were prevented , neither was there any to be found in any place , who would offer violence to any man. moreover he ordained , that the temples of the gods , and cities , and the wayes leading to them , and the ploughs of husbandmen should enjoy the priviledges of sanctuaries , so as every person who fled unto them through guilt or otherwise , might depart quietly with leave and without arrest before his enemy . after his death ( about 400. yeares before our saviours nativity ) his two sons brennus and belinus , by consent divided his kingdome between them ; till brennus the younger son , aspiring after the monarchy of the whole iland , was vanquished and expelled by his brother into france . in which warre gurthlac king of denmarke , ayding brennus , was taken prisoner by belinus , qui convocavit omnes regni proceres , &c. who called together all the nobles of the realme to yorke , consilio eorum tractaturus , to debate by their councell ( in nature of a parliament ) what he should do with gurthlac , who proffered to submit himself with his kingdome of denmarke to him , to pay him an annuall tribute , and to ratifie this agreement by his oath , and sureties for his inlargement and ransome ▪ whereupon the nobles resolved , that he should be enlarged upon this condition , which was done accordingly : convocatis proceribus cum id judicatum fuisset assensum prebuerunt cuncti that he should be enlarged upon these conditions , ; as the marginall authors record . after which king belinus obtaining the government of the whole iland , confirmed his father molmutines laws , commanding upright and stable justice to be done throughout the land , and the wayes to the temples to be marked out in all places with stones , that they might not be ambiguous , being priviledged from arrests and violence . this king addicting himself constantly to justice , the people thereby became more wealthy in few years , then ever they had been in former times . after this brennus arriving with an army out of france to recover his right ; belinus being ready to encounter him in a set battaile , their mother mediated a peace between them , whereupon they lovingly embraced each other : and going to troinovant , inito concilio quid agerent ; having there hold a councell what they should do , they resolved to send a common army to conquer france , and other forain parts , which they put in execution . here we have matters of warre and peace , and lawes concluded and ratified in and by a parliament of nobles in this age . king i guithelin , to whom the crown lineally descended from belinus , married martia a noble woman , learned in all arts , who invented the law which the britons called martiana ; which king alfred approving , translated into the saxon tongue and called it marchen leage . king edward the confessor making use of it in the collection and compiling of his lawes , hereafter mentioned . though this queen first invented this law , no doubt it was ratified by publick consent of the king her husband , and the nobles in their generall councell in that age , else it could not have the force of a law , by her bare penning of it . gorbonius grandchild to guithelin and martia coming to the crown by descent , governed his people most justly according to these forecited lawes , it being his continuall custome , to give due honour to the gods in the first place , and then to administer right justice to the people . he encouraged husbandmen in their tillage , and defended them from the injuries of their lords ; and he inriched his souldiers with gold and silver , so as none of them had need to do any injury or violence to any other . k archigallo his brother succeeding , degenerated from him in all his actions ; for he endevoured every where , nobiles quosque deprimere , to depresse all that were noble , and to advance ignoble persons , to take away rich mens goods and mony by violence , thereby heaping up infinite treasures : which the nobles of the realm refusing to endure any longer , rose up against and deposed him from his royall throne , creating his brother elidurus king in his stead . he , after five years reign , meeting his deposed brother in a wood as he was hunting , ran to him , imbraced , kissed and brought him to his own royall bedchamber privately , and then summoned proceres omnes et principes , all the nobles and princes of the realm to come speedily to his city of alclud ; who repairing thither , he saigning himselfe to be very sick , commanded every of them one by one , to come into his bedchamber to visite him : which they thus doing , he threatned presently to cut off all their heads as they entred singly , unlesse they would consent to submit themselves again to archigallo as their soveraign ; which they , through fear of death assenting to , he made an agreement between them , and then carrying him to yorke , took the crown from his own head , and set it on his brothers archigallo . for which memorable self-denying pious act to his brother , he was styled elidurus pius . archigallo upon his restitution corrected his former errors , deposed all ignoble persons , advanced the nobility , permitted every man to enjoy what was his own , and administred right justice to his people . ennianus his son ( king after him ) treating his subjects ill , was deposed by them from the throne of the kingdome , because he contrarying justice , preferred tyranny ; edwallo being made king in his place : who instructed by his predecessors oversights , jus atque rectitudinem colebat , followed law and rectitude , as did others of his successors . our m histories record , that about 54. years before our saviours birth , julius caesar having conquered france , espying britain from thence , having learned the name of the i le and nation , sent messengers thence to cassibelan king of britain , exacting with threats an annuall tribute from him and the britons to be paid to the roman senate , as well as from other naiions , else he should be enforced to transport his army and shed their bloud . whereupon cassibelan returned this answer to him in writing . cassibelanus king of the britons to cajus julius caesar , marvellous , o caesar , is the covetuousnes of the roman people , who thirsting after gold and silver in all places , cannot suffer us placed beyond the world , within the perils of the ocean , to be quiet , but presume to affect our tribute and revenues , which we have hitherto peaceably possessed . neither verily will this suffice , unlesse renouncing our libertie we shall make subjection to him ; and thereby undergoe perpetuall servitude ; therefore caesar thou hast demanded a shamefull thing ; seeing the vein of common nobility flowes from aeneas , both to the britons , and romans , and one and the same bond of kindred , lives still in both , whereby they ought to be knit together in firme amity . this therefore should have been required of us , not servitude , because we have learned , rather to give this then to bear the yoake of servitude . for we have been so much accustomed to inioy liberty , that we are altogether ignorant what it is to obey servitude . which liberty if the gods themselves should endeavour to take from us , verily we would strive with all our might to resist them , that we might retain it . be it known therefore to thee caesar , that we are prepared and resolved to fight for it , and for our realm , if , as thou hast threatned , thou shall begin to come upon the isle of britain . hereupon c●sar preparing his navy and forces , arrived with his army at the mouth of thames : the britons though at civill warres among themselves before , upon this necessity , united themselves together to oppose the romans , and communi consilio , ( as n caesar himself and others write ) by common advice and assent , ( in a parliament of that age ) elected cassibelan for their generall , and committed the managing of the warres to him : who gathering the whole strength of the britons together consilium querens a principibue regni , as some , and a proceribus suis , as others record ; taking councell with the princes of the realme and his nobles , how to re●●e the enemies , they resolved to resist their landing , and to assault them in their tents , before they had fortified themselves , or taken any towne , and so to repell them . which advice they pursuing , opposed their landing , and forced the romans that were landed to their ships , and compelled caesar to returne into france , as our british historians assert , though caesar in his commentaries , to cover his dishonour , relates the contrary . the year following caesar recruiting his army landed again in cornwall , and was repulsed by cassibelan the second time with great losse . whereupon cassibelan joyfull of his victory , returning to troinovant , edictum fecit , ut omnes proceres britannie convenirent , made an edict , that all the nobles of britain should assemble together at troinovant , to offer publick prayses and sacrifices to his gods , who had made him to triumph over so great an emperor as caesar : at this assembly , evelin nephew to androgeus duke of trionovant , playing with herelgas nephew to cassibelan , upon a sudain quarrell between them , cut of herelgas head ; at which the king being very angry , commanded evelin to be brought before his presence , and to be ready , sententiam quam proceres dictarent , or talem sententiam quam proceres regni judicarent subire , to undergoe such a sentence and judgment as the nobles and peers of the realme should pronounce , that herelgas might net remain unrevenged , in case he were unjustly slain . androgeus suspecting the kings minde towards his nephew , answered , se●e suam curiam habere et in illa diffiniri debere , * quicquid aliquis in homines suos clamaret : si ergo rectitudinem evelino decrevisset appetere , ipsum in urbe troinovanto ex veterum traditione recepisset . that he had his own court , and that in it what ever any one complained of against his men , ought to be determined , therefore if he decreed to desire justice against evelin , he might receive it in the city troinovant , according to the custome of the ancients . upon this answer , they departing discontented one from another , cassibelan threatned to invade and waste androgeus his country withfire and sword , unlesse he delivered up his nephew to justice ; which he peremptorily refusing , cassibelan wasted his country accordingly , notwithstanding all his entreaties by his kindred and friends to divert him from it . hereupon androgeus sent messengers to caesar , complaining of this ingrate and injurious violence , and craving assistance from him against cassibelan , ( who endeavoured to disinherit him of his country by whose meanes he had inherited his own , and gotten the victory over the romans ) promised to joyne his forces with him , and so make him lord of all britain , if he would by his power restore him to his former dignity and possessions : for which he giving hostages to caesar ; he thereupon returning into britain routed cassibelan and his whole army by androgeus his means , and besieged him in a steep mountain to which he fled , where he was very likely to be taken prisoner in a few dayes by famine . cassibelan thus destressed , sent to androgeus , to remit the former injuries he had done him , and to make his peace with caesar . upon which he returning to himself , taking pity on his own nation , and soveraign , though he had done him so much injury , repaired and used these memorable words to caesar . behold thou hast sufficienily revenged thy self upon cassibelan , and subjected britain to thee by my assistance ; noluerunt dii omnipotentes nostri , ut dominum meum morte turpissima condemnnari , aut vinculis patiar irretiri . habeto igitur misericordiam de eo ; quia me vivente ipse periolitari non poterit , cui auxilium meum reddere non erubescam , nisi consilio meo parueris . for our omnipotent gods will not that i should suffer my lord and king to be condemned to a most shamefull death ; or to be bound in chaines . have mercy therefore upon him ; because whiles i live he shall not be in danger , to whom i will not be ashamed to contribute my aide , unlesse thou wilt obey my counsell . ( o the memorable faith and loyalty of this much oppressed , injured noble pagan briton , to his soveraign in his distresses , notwithstanding all his former injuries and oppressions , worthy all heroick saints and true christian loyall english subjects imitation , and shaming some strange extravagant contrary practises of late times ! ) upon which speech , caesar being pacified , made this agreement with cassibelan : that he should promise to render to caesar and the romans , three thousand pounds of silver every year , by way of tribute . and so being made friends they bestowed mutuall gifts on each other . after which caesar wintering in the island , returned in the spring with his army into france , and from thence marched towards rome against pompey . from these few passages of the antient britons , before and till the roman conquest , it is apparent ; 1. that the ancient fundamentall government of the britons in this island , was only an hereditary kingship and dominion . and although , about caesars time , they had many petty kings and kingdomes , yet those kings had the style , honor , power of kings , within their respective kingdomes , and were hereditary , as tacitus , dion , and others cited by q mr. camden attest , as well as our british stories . 2. that the british kings were obliged to governe their subjects justly , and righteously , according to the established lawes of those times , which secured their liberties , properties , goods , lives against all violence and arbitrary tyranny , rapines , taxes . 3. that the r britons had their nationall councels or parliaments , consisting of their kings , princes and nobles , wherein they consulted of all weighty affaires , concluded of warre and peace , and enacted and confirmed publick lawes . and the rarity of these common-councels ( by reason of their intestine discords ) was the greatest help and advantage the romans had to conquer them , as tacitus observes in the life of agricola . 4. that they had legall and proper courts for trying all differences and malefactors according to their lawes and ancient customes and tryals by their peers . 5. that they were very zealous carefull and , couragious to defend their liberties , properties , laws against all tyrannicall oppressing kings , usurpatio●s and forain invaders , and to spend their lives in their defence , not induring slavery , bondage , or tributes . 6. that their nobles were persons of greatest power , had in great respect , and consulted with by their kings upon all occasions , as their great councell , they doing nothing of moment but by their advice and consent . 7. that though they were stout opposers of tyrannicall oppressing princes , yet they were very loyall and obedient to those who were just , and never offered violence to any of their persons , whom they deposed for misgovernment . and so much concerning the ancient britons before and till their begun conquest by julius caesar , before our saviours nativity 54. years . section ii. concerning the britons contests and warres against tyrants and forain invaders for their liberties , couutry , lawes , and their great councels ( or parliaments ) from caesars conquests , during the romans dominion , and untill the saxons supplanted them , and succeeded in their places . after the death of caesar and cassibelan the britons continuing for a time under the government of their own hereditary kings * tennancius the next succeeding king , though he was warlike , yet vigorem justitiae colebat , he executed justice vigorously . kymbelinus his son succeding him , being educated by augustus caesar , fell into so great friendship with the romans , ut cum possit tributum eorum detinere , gratis impendebat ; that he freely bestowed their tribute on them , when as he might have detained it , being imposed on cassibelan only by power of the invading sword of caesar without right , which bound neither him nor the britons in justice or conscience , both caesar and cassibelan being dead . in the 5. year of his reign our saviour christ was borne . in the † 22 year of our saviours nativity guiderius succeeding his father kymbelinus , refused to render the accustomed tribute to the romans , which none of his ancestors from the time of julius caesar durst to refuse . hereupon anno christi 44. the emperor ●laudius with a great army invaded the island , to conquer and reduce it under tribute , who was encountred and routed by guiderius at the first , but he being afterwards slain by the policy of laelius hamo , the britons being likely to lose the field , arviragus the slain kings brother , putting on his armes , encouraged the britons so , that they forced the romans to forsake the field . claudius afterwards besieging arviragus ( who succeded his brother ) in winchester , they fell to a treaty . claudius proffered arviragus , that he should marry his daughter , and hold the kingdome of britain peaceably from the romans under the ancient tribute ; upon which , suaserunt majores natu arbiago promissionibus claudii acquiescere ; the elders ( assembled no doubt in councell about it ) perswaded arviragus to consent to claudius his promises , for they said , it was no disgrace to him to be subject to the romans , seeing they enjoyed the empire of the whole ; world : paruit arviragus & consilio suorum cesari subjectionem fecit : arviragus obeyed , and by the advice of his councell did homage to caesar . anno christi 52. arviragus refused to be any longer subject to the roman power , or to pay them tribute . whereupon claudius sent vespasian to reduce him to obedience ; who after one battaile fought with great losse on both sides , came to an agreement . after which * anno 63. joseph of arimathea with xi . more of phillips disciples arrived in britain , and preached the gospell boldly ; to whose preaching arviragus ( cum proceribus suis ) with his nobles and people , hearing such new and unaccustomed things , utterly refused to consent to their doctrine , neither would they change the traditions of their fathers yet because they came from far , and their lives held forth modesty and meeknesse , the king at their petition , granted them the isle of ; glastonbury , then horrid and untilled , surrounded with woods , bushes and lakes , to inhabit . which grant his two next successors marius and coillus , † ( who exercised justice and law , reverenced the nobles of the realme , and paid the tribute to the romans , because all the world was subject to them , ) by his example confirmed ; giving to each of them one hide of land a piece ( to this day called the 12. hides of glastonbury ) confirmed to the abby of glastonbury , afterwards by the charters of many of our christian saxon kings , ratified in their great councels and parliaments . by these passages it is clear , that taxes and tributes not granted and assented to in parliament , though imposed by a conquering invader , binde not the nation , or succeeding kings . that matters of peace and warre were determined in common-councels and parliaments in that age ; that no publick change in religion or customes could be made without the kings and nobles consents ; and that the grant of the king of any crowne lands without common consent in parliament , bound not his successors , unlesse they specially confirmed them by their new charters . how many bloudy battails with various successe the ancient britons under the conduct of their kings and queens fought against the roman emperors , claudius , vespasian , and their generals , officers and forces after julius caesars time , for defence of their native liberties , rights , lawes , government , country , and to exempt themselves from all tributes , taxes , purveyances , imposed on , or exocted from them by the romans . how impatient they were of bearing any taxes or imposts , they never knowing what servitude was , being borne only for themselves , and alwayes free unto themselves , free from all contagion of tyranny . how oft they revolted from , and rebelled against the romans from time to time for their oppressions , taxes , turning them out of their ancient inheritances by force , and using them rather like slaves then freemen . you may read at large in cornelius tacitus , annal. l. 14. and in the life of agricola , in mr. camdens britannia , p. 24 , to 48. speed , holinshed and others , and more especially in the notable speeches of caractacus and galgacus , encouraging the britons manfully to fight for their country , liberty , lawes , &c. recorded in these authors ; the later of them thus justly taxing the romans usurpation , ambition , covetousnesse , rapines and tyranny in these words ; a robbers they be of the world , who having left no more land to spoile , now search also the sea. if their enemies be rich , they covet their wealth ; if poor , they seek to gain glory ; to * take away by main force , to kill and spoyle , they falsely terme empire and government : when they lay all wasie as a wildernesse , that they call peace . that every man should hold his own children and bloud most dear , nature hath ordained : and even those are pressed for souldiers and caried away to serve as slaves elsewhere ; our substance they draw from us for tribute ; our corne for provision ; our very bodies and lands they wear out and consume , in paving of bogs , and ridding of woods , with a thousand stripes and reproachfull indignities besides . slaves yet , which be born to bondage , are bought and sold once for al , and afterwards fed and found at their own expences . but britain dayly buyeth , dayly feedeth , and is at dayly charge with her own bondage . and as in a private retin●e of household servants , the fresh man and last comer is laughed and scoffed at by his other-fellowes , even so in this old servitude of the whole world , our destruction only is sought , as being the latest and vilest in accompt of all other , &c. we as yet were never touched , never foiled , never subdued ; as men therefore that mean to maintain their freedome , not for the present but for ever , let us shew straightwayes in the first joyning , what manner of men , caledonia reserved in store for her self , &c. it is not by their own vertue , but by our jarrings and discords that yet the romans are grown into fame : to our shame be it spoken , many of our own nation , now lend their lives to establish a forain vsurper , not out of any loyall affection , but out of fear and terrour , weak linkes and bonds of love . remove but them once , those who shall cease to fear , will soon begin to hate . the free cities are discontent and in factions , while those who are under them , obey with ill will , and they that do govern , rule against right . here is the generall , and here is the army ; there are the tributes , here be the metall mines , and other miseries inseparably following them that live under the subjection of others ; which either to continue or endure for ever , it lyeth this day in this field . wherefore as you are going to battle , bear in your minds , both the freedome of your ancestors , and the bondage of your posterity . upon which speech they manfully sought with the romans , preferring their liberties before their lives . about the year of christ 50. the romans extraordinarily oppressed the britons under claudius the emperor . laetus decianus their procurator , renewed the confiscation of their goods , which claudius had pardoned . the roman colony at camolodunum , thrust out the ancient inhabitants , seating themselves in their possessions , without any other recompence but reproachfull termes , calling them , their drudges , slaves and vassals , and the temple there erected in honour of claudius , was now become an eye-sore to them , as an altar of their perpetuall subjection , whiles the augusta●l priests there attending , wasted all their wealth under pretext of religion . and that which was their greatest grievance , prasutagus king of the iceni , famous for his riches , which he had been a long time gathering , by his will made claudius and his own two daughters his heir ; thinking by his flattery to make his kingdom and house sufficiently secure from injurie : which fell out quite contrary : for his kingdome by the roman centurions , and his house by slaves was seised on and spoyled as lawfull booty , his wife boadicia whipped , his daughters deflowred , the chiefest persons of that province dispossessed of their lawfull inheritance , and the kings kindred reputed and used as slaves . hereupon the icenians began seriously to discourse of their present bondage and miseries , made subject to a lieutenant , which sucked their bloud , and to a procurator that sought their substance , whiles with a servile fear they yealded to please the meanest souldier , as though the heavens had framed them only for servitude , and the earth appointed to bear their injuries unrevenged ; and meeting together in secret consultations , they ripped up their wrongs and oppressions , and aggravated them to the highest , saying , that no other good was to be looked for by their sufferance , but that more grievous burdens should be imposed upon them still , as men ready to bear all willingly , &c. that the roman souldiers from whose unsatiable avarice and unbridled lust nothing was free , were but a handfull in respect of the britons : that if they would but endevour to follow the prowess and valour of their ancestors , and not be dismayed with the doubtfull successe of one skirmish or two , they would soon enforce them to recede out of the island , &c. in fine they resolved , that liberty was to be preferred though bought with their lives , and bondage to be avoided if not otherwise then by their deaths . whereupon chusing boadicea for their leader , they suriously fell upon the insulting oppressing romans , slew no lesse then seventy thousand of them and their confederates , sacked and plundered their free town verolamium , resolving to extirpate and drive them out of the island . upon this suetonius the roman governor collecting all the forces he could raise against her , she made a most gallant encouraging oration to her britons , thus aggravating their oppressions . what abuse can be so vile that we have not suffered , or indignity so contemptible , that we have not borne ; my stripes , yet felt and seen against their own laws , do witnesse well what government they intend . your wealth is consumed by their wastfull wantonnesse , your painfull travels upholding their idlenesse , do seal the issues of our succeeding miseries , if not timely prevented by one joynt endevour . you that have known the freedome of life will with me confesse ( i am sure ) that liberty ( though ) in a poor estate , is better then fetters of gold ; and yet this comparison hath no correspondency in us , for we now enjoy no estate at all , nothing being ours but what they will leave us , and nothing left us that they can take away ; having not so much as our very heads tole free . other subdued nations by death are quit from bondage , but we after death must live servile and pay tribute even in our graves . have the heavens made us the ends of the world , and have not assigned us the ends of our wrongs ? or hath nature among all her free works created us only britons , for bondage ? why , what are the romans ? are they more then men , or immortall ? their slain carcasses sacrificed by us , tell us , they are no gods. but you will say , they are our conquerors . indeed overcome we are , but by our selves , our own factions still giving way to their invasions . our dissersions have been their only rising , and our designes been weakned by homebred conspiracies . we have as much to keep as birthright can give us , that is , our island possessed by our ancestors from all antiquity ; ours by inheritance , theirs by intrusion , claimes so different in the scale of justice , that the gods themselves must needs redresse . whereupon the britons fighting valiantly , lost eighty thousand of their lives to redeem their liberties ; and boadicea seeing her army routed , chose rather , out of a noble spirit , to end her life and miseries together by poyson , then to live under the roman bondage and see her country languish under their intolerable oppressions . about the year of our lord 179. ( or rather 185. ) s lucius king of britain ( who succeeded his father coillus by descent ) being converted to the christian faith with most of his nobles and subjects ( the first christian king and kingdom in the world ) petitioned pope eleutherius ( as the marginall authors testifie ) ad petitionem regis , et procerum regni britannie ( assembled no doubt in a general councell when they made and sent this petition ) to send a copy of the imperial roman laws to govern the people by : who returned the king this answer in writing . you have requested from us , that the laws of rome and caesar might be sent over , which you desire to use in the realm of britain . the roman and caesars laws we may alwayes reject , but the law of god in no wise . you have received of late through gods mercy in the realm of britain , the law and faith of christ ; y●u have with you in the realm both testaments , out of them by gods grace , per consilium regni vestri sume ●egem , by the councell of your realm take a law , and by it through the patience of god govern your realm of britain ; for you are gods vicar in the realm ▪ &c. the kings children are the christian nations who live and consist in the realm under your protection and peace , according to that in the gospell , as the hen gathereth the chickens under her wings ; the nations and people of the realm are yours , which being divided you ought to congregrate into one , t● reduce to concord and peace , and to the faith and law of christ , and to the holy church ; to foster , maintain , protect , governe and always to defend from injurious and malicious persons and from enemies . woe to the realm whose king is a childe , and whose princes eat in the morning . i call not a king a child from his nonage , but for his fol●y , iniquity and madnesse , according to the royall prophet , bloudy and deceitfull men shall not live out half their dayes , &c. a king is denominated from ruling , not from a kingdome . thou shalt be a king while thou rulest well : which unlesse thou shalt do , the name of a king shall not appear in thee , and thou shalt lose the name of a king , which god forbid . almighty god grant you so to rule the realm of britain , that you may reign for ever with him , whose vicar you are in the realm aforesaid . this epistle shewes , that the power of making laws was vested only at that time , in this popes judgment , in the king and his great councel of the realm , and that kings only ought to rule and govern their people righteously , according to the laws of god and the realm , as gods vicars upon earth , and to protect them from all violence , wrong and enemies . t matthew parker archbishop of canterbury , thus comments on this epistle : that in condendis legibus , in making laws , the king needed not the popes authority or assistance , having the books of the old and new testament , out of which adhibito procerum consilio , by the counsell of his nobles , he might take holy laws , without any error , being sufficiently supported with his own , not a forain authority he being gods vicar in his own realm ; and representing his power to his people . after which , this king ( by advice and consent of his princes and nobles ) built and endowed many churches with glebes and lands , abundantly confirming them with charters and muniments , and likewise ordained , that churches and churchyards should be so free , that no malefactor or other persons flying to them , should be arrested , or suffer any violence in them . king u lucius dying without heir ( anno dom. 201 ) thereupon discord arose amongst the britons , which gave great advantage to the romans ; who thought at first they x suffered the british kings to reign under them , making them the instruments of their own and their peoples slavery , by their compliance with the romans ; yet at last perceiving , that divers of th●se british kings , y to regain their own and their peoples liberties , did oft times rebell and raise up warres and seditions against them : thereupon after king lucius his death ▪ to keep the island in greater quietnesse and subjection under them , they made a decree , that none of the british bloud or race should from thence forth be invested with royall dignity in the isle ; ( as the principall means to keep them in perpetuall slavery ) and insteed of one king , they placed over the britons in every province first , a lieutenant with severall * garrisons of horse and fo●t , who disarmed all the natives they suspected , sucked the peoples bloud , and vexed them with souldiers and contributions . next a procurator and publicans ▪ who like greedy●cormorants and horse-leeches , confiscated their goods , preyed upon their estates , and vexed them with perpetuall exactions , extortions and reproachfull abuses . also a pretor and proconsul , with absolute power and commission to govern them after the roman laws , ( not permitting them to use the ancient laws of their country ) and to minister justice in all capitall matters with great pompe and severity . so that the roman lawes were now only in use and force amongst the britons , which a learned poet thus expresseth , cernitis ignotos latia sub lege britannos . and withall they endevoured , constantly to nourish discord and division amongst the britons themselves , and by these wily policies kept them in subjection under them , who yet upon all occasions and advantages endevoured to shake off the roman yoak , and restore their native liberties , laws , government with the hazard of their lives , as our historians largely relate . about the year of christ 286. carausius a briton , having gotten a commission from rome , z to defend ▪ the sea coasts of britain from the incursions of barbarous nations , raysing great forces under that pretext , promised the brit●ns , that if they would chuse him for their king , he would expell the romans , and free the whole island from the barbarians : whereupon they all consented and made him king ; upon which he denied to pay the romans their accustomed tribute . the senate being informed hereof , sent alectus into britain to reduce it ; who joyning battail with carausius , slew him , and made a great slaughter of the britons , because they revolted from the roman republick , and subjected themselves to carausius ; who preferred their liberties before their lives . alectus taking upon him the royall diadem was soon after slain with most of his roman souldiers by asclipiodorus duke of cornwall and the britons fighting to regain their liberties ; who crowned ascl●piodorus king by common consent : he ruled them for x. years with right justice , restraining the cruelty of plunderers and swords of robbers , and freed them from the roman tribute . coel duke of colchester slaying him , and making himself king ; the romans having lost their tribute for above ten years space , sent constantius into britain to reduce it under obedience : who no sooner landed , but coel hearing of his great fame , and victories in other parts , sent ambassadors to him , craving peace , and promising subjection , which he accepted of , exacting nothing but the usual tribute . coel deceasing shortly after ▪ leaving one only daughter helena to inherit the kingdom , constantius maried and begot upon her that famous constantine the great . this emperor a constantius chlorus , coming into britain to govern it about the year of christ 302. finding the ill effects of others tyranny and rapine , shewed himself very loving , gentle , affable and kind to the people , little regarding his private profit , but altogether reigning to enrich his subjects : and to that end would often say , ( i would our late and present tax-imposing governours would remember it ) that it was more behoovefull for the publick , that the wealth of the land should be dispersed into the commons hands , then to lie locked up in princes coffers ( or in such a common treasury , as our new projectors have provided for it by the 28 , 29. articles of their ill-sounding instrument , after which they would have us henceforth dance . ) the b emperor constantine the great , his son ( borne and crowned both king and emperor in britain ) amongst other good laws , made these two memorable ones , for the relief of poor christians injuriously banished , and deprived of their lands , and goods by diocletian , maximinian , licinius and other persecuting pagan roman emperors , about the year 313. wherein he restored the banished christians to their native countries , lands and former dignities , as the marginall authors witnesse . which lawes are recorded in c eusebius de vita constantini , l. 2. c. 30 , 31. the first of them , is intituled , a law for fre●ing ( or relieving ) banished men ; to this effect . therefore all those who being brought under the cruell sentences of iudges , at what time soever it befell them , have been compelled to change their country by exile , because they neglected not what made for the honour of god and religion , to whom they had consecrated themselvos with the whole powers of their souls : all these , i say , being restored both to their hereditary possessions , and their accustomed tranquillity , may give thanks to god the setter free of all men . and those who having been deprived of their goods , & oppressed with the losse of their estates , have hitherto lived a most contemptible life , these being likewise restored to their former houses , families and goods , may chearfully prayse the beneficencie of god , who is best and mightiest . the second inscribed , a law reducing those who were banished into islands , in these words . moreover we command , that those who are now detained in islands against their wils , shall enjoy the benefit of this our provision and care ; to wit , that whereas hitherto they have been shut up on every side in the narrow cliffs of mountains , and invironed with the raging waves of the sea , being now freed from that bitter solitarinesse , utterly repugnant to the nature of men , they may return again to their most beloved friends . and whereas they have lived a long time in a filthy sordid and odious condition , having obtained a returne , as a sudain and unexpected booty , and being freed from cares and troubles , they may hereafter live a life void of fear , under our empire . in the year of grace 376. d octavius king of the britons dying without issue male ; leaving one only daughter , there fell out a difference among the britons , to whom they should marry her , with the kingdome ; at last in the year 379. magnates britannie , the nobles of britain , that they might obtain a firme peace concluded ( no doubt in a generall councell ) to send embassadors to rome , to tender the lady with the crown to maximian a roman senator , son of leolin a●briton , unkle to constantine the great ; e geoffry of monmouth and his epitomizer f ponticus virunnius thus relate the story . that king octavius being old and having one only daughter , quesivit a consiliariis suis , demanded of his counsellors , whom they desired to advance to be king after his decease ? whereupon some of them advised , that he should bestow his daughter , together with the realm , on some of the noble romans , to procure a firme peace . others advised , that conon his nephew should be installed in the royall throne of the realm , and his daughter with gold and silver married to some forain prince . whiles these things were debating , caradoc duke of cornwall came in , and gave his advice , that they should invite maximinian the senator , descended of british and roman , as well as royall bloud , to come into britain to marry the kings daughter , and with her the realm , whereby they should enjoy perpetuall peace . which conan for his own interest opposed , but major pars laudabat , the major part of the nobles approved it , and consented thereunto . whereupon caradoc sent his son maurice to maximinian , who related to him , that octavius being aged and sick , desired nothing more then to finde out such a person of honour , on whom he might bestow his kingdome with his daughter , consiliumque a proccribus suis quesivit ; and that he had demanded counsell from his nobles , to whom he might marry his only daughter , with the crown ; that the nobles in obedience to his command , decreverunt ut tibi regnum et puella concederetur , had decreed that the kingdom with the damsel should be granted to him , & that they had decreed he should come and give him notice thereof . whereupon maximinian imbracing the offer , came into britain , and landed at hampton , with a great train of souldiers ; the king suppofing them to be an army of enemies , commanded all the forces of the kingdome to be assembled and march against them , under conan ; which maximinian admiring at , and unable to resist them , sent embassadors to conan with olive branches , telling him , they were sent from rome to the king , and required peace till they knew his pleasure . and when conan doubted whether to give them peace or battaile , caradoc duke of cornwall and the rest of the nobles disswaded conan from fighting with them , and advised him to grant them peace , which he did : who being brought to london to the king , he , communi consensu , by common consent of his nobles gave his daughter with the kingdome to maximinian . by which it is apparent , that the king without consent of his nobles in parliament , could not dispose of his daughter nd ●heir to the crown , nor of his kingdome to another ; that the nobles in that age , were the kings great councell and parliament of the nation , and that the major part of them swayed all businesses , in their councels by the majority of voices : the ends for which i relate it . in the year 390. g maximus the tyrant king of britain , invading armoric● in france , caried such a multitude of souldiers with him out of britain , that he left almost all britain empty of souldiers and forces to defend it , carrying all the souldiers and warlike young men with him , leaving none but unmanly and country people behinde him ; and having subdued all armorica that year , he styled it little britain . the next year he sent for one hundred thousand britons more to people it , and thirty thousand souldiers out of britain to garrison the townes , and the next year he sent for eleven thousand virgins , and sixtie thousand other persons , to be transported into little britain ; whereby old britain was almost quite dispeopled , and left destitute of all defence . hereupon the huns and picts invaded and infested the britons very much , slaying the britons and wasting their cities and towns : the britons sending to maximus for assistance , he sent gratianus a senator with two legions to aide them , who slew many of the enemies , and chased the rest into islands . anno 392. maximus being slain at rome , thereupon gratianus taking upon him the crown of britain , made himself king thereof , after which he exercised so great tyranny towards the britons , that the common geople gathering together slew him . whereupon the former expulsed enemies returning , oppressed and afflicted the britons very much for a long time . upon this the britons , anno 420 , and 421. sent to the roman emperors for aide to expell these invaders , which they sent accordingly , but in small proportion , who chasing away the enemies for the present , then encouraging and teaching the britons how to defend themselves , and make wals and fortifications to resist their invasions , returned back again by reason of other warres : upon this , their former enemies infested them more then formerly . as last , anno 434. in the 8. year of theodosius the younger , the romans by occasion of other warres withdrew all their souldiers out of britain , leaving the britons destitute , like so many sheep without a shepherd , exposed to the wolvish cruelty aud depredations of the picts , scots , norwegians , danes , who forced them to flie from their cities and houses into woods , mountains , caves , rockes , and there to hide themselves from their bloudy fury . in this distresse they sent messengers to rome with this short mournfull relation of their lamentable condition . agitio ter consuli , gemitus britonum , salutem : nos mare ad barbaros , & barbari ad mare propellunt : inter haec autem duo funerum genera oriuntur , aut enim submergimur , aut jugulamur . the messengers returning without any aid from rome , which was denied them , and relating to their country-men their sad repulse , the britons taking counsell together , how to redeem themselves in this forlorne estate , withheld the payment of their ancient tribute to the romans , which they had a long time paid them : and sent guithelin , archbishop of london , to their brethen in little britain for aid ; where being honorably received by king androenus , he acquainted him with the cause of his coming , and the great miseries and distresses of his countrymen , pressing him with many arguments , to goe and receive the kingdome of britain , which of right belonged to him , and expelling the barbarians , to dispose of it at his pleasure , and restore his country to it pristine estate , which had formerly subdued to it kingdomes far remote . to which the king answered , i formerly would have accepted of this offer of the kingdome of britain , but in respect of its present misfortunes , it is made more contemptible to me , and odious to my princes . but above all other evils , the roman power hath so much prejudiced it , that no man can enjoy a stable dignity within it , but be must lose his liberty , and be burdened with a yoake of servitude ; and who would not possesse lesse elsewhere , with liberty , then enjoy the wealth of britain under a yoak of bondage ? notwithstanding because my grandfather and great grandfather have enjoyed that island , i will deliver to you my brother constantine with 2000. souldiers , which by gods permission will free the country from enemies , and being there crowned king , shall possesse the kingdome with glory and honour . whereupon constantine undertaking the expedition , the archbishop used these words to him ; christ hath conqueted , christ reigneth , christ commandeth , let the grace of christ be therefore present with our king of britain , who is our defence , our hope , our joy , that he may restore the miserable island to its pristine liberty . constantine taking shipping arrived at totnes with 2000. souldiers , to whom the dispersed britons creeping forth of their holes and dens where they hid themselves , repaired from all parts ; and fighting with their enemies , obtained a great victory over them by the diligence and valour of their new king. after which facta in cicestria concione , calling an assembly at chichester , they made constantine king , and gave him a wife extracted out of the linage of the noble romans educated by guithelin . anno 445. king constantine being slain by a pict , ( suborned by vortigerne ) as he was hunting , h there arose a dissension among the nobles , which of them should be made king ; for aurelius ambrosius and vther , the kings sons , were sent over into little britain to be educated , and if they had been present , they could not reign by reason of their childhood . whereupon vortigerne consull of the gewis●i , who aspired after the crown with all his endevour , going to winchester , and taking constans a monk ( son of constantine ) out of his cloister , brought him to london , and there made him king , the people scarce consenting to it , because he was a mo●k : and acting the part of a bishop ( guithelin being dead ) he set the crown on the kings head with his own hands . the king thus crowned referred the managing of all affaires to vortigerne alone * who craftily committed all the castles and forts of the realm to his own souldiers , and having gotten all the forts and power of the realm into his own hands , he cunningly devised , how he might destroy the king and get the crown for himself . whereupon , he seised upon the kings treasures , augmented the number of his soldiers and servants , and perswaded the king to intertain a guard of one hundred picts ( who were at his own command , and ready to execute any treason and treachery he should prescribe them ) to guard his person day and night from enemies . the king at his perswasion entertaining these picts , vortigerne so inriched them with stipends , and feasted them with most delicate meats , that they did in a manner adore him , and aryed openly through the streets , that he was worthy to reign . when he had thus highly ingratiated himself in the favour of them all , he made them all drunk on a certain day , and then told them with tears , that he would depart out of britain , seeing he had not enough of his own to maintain 50. souldiers . after which , departing as it were sorrowfull to his lodging , he left them drinking in the hall ; which the picts hearing of , murmured one to another , saying , why do not we slay the monke , that vortigerne may enjoy the throne of the kingdome ? rising up therefore , being drunke , they made an assault upon the king , and slew him , and brought the kings head to vortigerne . which when vortigerne understood , he feigning himself to be very sorrowfull , brake forth into a weeping , that he might palliate the treason committed under the vaile of tears . then calling the citizens of london together , he acquainted them what had hapned , and commanded those picts to be slain and beheaded , that he might render his own fraud exeused from this wicked act . at last when he saw no man equall to himself , he set the crown of britain on his own head and overwent al the princes . he being thus advanced , the contagion of all wickednesse began to increase : scurrilous wickednesse , hatred of truth , contempt of god , wrangling , contention , riot , villany grew outragious ; so as vortigerne alone might seem to be a vessell of all wickednesse , and that which is most contrary to royall honesty , nobiles deprimens , depressing the nobles , and advancing ignoble persons both for manners and bloud , he became odious to god and men. anno 447. when the iniquity and levity of minde of king vortigerne was divulged to all nations round about , the scots and the picts ( one hundred of whose fellow citizens vortigerne had slain for that treason which he suborned them to act that he might get the crown ) rose up against him , and most grievously infested him and impunged the realm of britain : for consuming all things with the sword , fire , preyes and rapines , they ground to powder the sinfull nation , because it favored this vsurpers royall estate ; and thus the common people contaminated together with the king , communi percellitur ultione , is pierced through with a common revenge . and as the sword devoured many on the one hand , so the pestilence did more on the other , so as the living were not sufficient to bury the dead . the king therefore with the desolated people , tyred out with warlike incursions , not knowing what he might do against the irruptions of their enemies , inclined to desolation ; for vortigerne hereupon awaked with the cryes of the people , assembled a councell ( or parliament ) to consult what they should do in this publick distresse , requiring the advice of his nobles therein . which our historians thus relate , super statu publico in medium consulit sententias magnatum suorum explorans . so william of malmesbury . britanni injerunt consiium quid agendum ; so henry huntington ; and ethelwerdus , placuit omnibus cum rege suo vortigermo ; or as ethelwardus records it , concessit tota nobilitas , &c. at last they all agreed , and all the nobility together with king vortigerne granted and resolved , that they should call in the saxons and english out of germany to their aid , being valiant in armes , and then fixed in no setled place ; by which they conceived they should reape a double benefit : for being invincible in armes , they would easily repulse their enemies ; and being unsetled , they would reckon it for a very great benefit if they might receive some barren squalid soile and cliffs to inhabit ; and that they would never attempt any thing against them , or their country , because the memory of benefits would mollifie the genuine fiercenesse of their manners . which advice appeares to be ordered by divine providence ( write mathew westminster and others ) that evill might come upon these evill britons and their bloudy vsurper . this counsell being approved by all , they sent eminent men embassadors into germany , who might worthily represent the person of their country . the germans hearing the businesse , which they of their own accords desired , requested from them with a thousand intreaties , presently sent over hengist and horsa with three ships fraighted with souldiers and armes ; explentes petitionem regis senatusque . the king upon their arrivall meets them , bestowes rewards and the people large favours on them : then giving them their faith , they received the isle of tanoth to inhabit . this agreement likewise was made between them , that the english and saxons with invincible labours should defend the country against their enemies , and that the britons should pay them their military stipends , for whose safety they pretended to watch . and thus they received pay and lands from the britons , quasi pro patria pugnaturi , re autem vera expugnaturi susceperunt , ( as some of their profession and progeny have done of latter years ) these english and saxons ( who arrived ann. 449. ) soon vanquished and drove the scots and picts out of the realme , and then taking notice of the kings and britons idlenesse , leudnesse , and the riches of the isle , hengist acquainting the rest of his countrymen therewith , sent over for more forces by degrees , and for his daughter rowena ( a very beautifull maide but a pagan ) whom he maried to vortigerne , whereby he incurred the enmity of his nobles and sons , and thereupon favoured the saxons ( who promised to establish him in his throne against his enemies ) more then the britons , bestowing all kent and northumberland on the english and saxons . upon this the britons growing jealous lest their new gardians and protectors should utterly supplant , extirpate and disinherit them of their native country by degrees ( as they did in the conclusion ) they all petitioned vortigerne , to banish them out of the realme , being pagans , who ought not to communicate with christians ; but he contemning suorum consiliis acquiescere , to follow the advise of his nobles and native subjects , thereupon magnates britannie , the nobles of britaine , anno 454. deserting , and then depriving vortigerne of his royall power , made his sonne vortimer king. qui consiliis suorum in omnibus acquiescens , who following their counsels in all things , began to expell the saxons , and to restore the britons to their possessions , which the saxons had invaded , repairing likewise the churches and christian religion , which they had almost quite ruined , till at last he was poysoned by rowena his mother in law , anno 460. cum quo simul spes & victoria brtionum est extincta , & retro fluxerint . such an incomparable losse is a good king to a nation . vortimer being thus poysoned , vortigerne reassuming the crown , sends privately to hen●ist into germany , to come over to him with a small train , lest coming otherwise the britons should resist him with their united forces . hengist an. 461. lands with 4000 armed men , which being related to vortigerne and the nobles of t●e rea●m , they were very angry at it , resolving to give him battle ; of which hengist being informed by ro●ena , excused the matter , that he came with so great a force for fear of vorti●er , whom he thought to be alive , but being now 〈◊〉 of his death , he would commit himself and his p●ople to the kings disposall , to return or send away to 〈…〉 then as he should direct , desiring him to appoint 〈…〉 and place , ut haec 〈…〉 consensu , that these 〈…〉 by common consent : whereupon the 〈…〉 appointed a meeting at 〈…〉 , for the 〈◊〉 and saxons to treat : hengist 〈…〉 all the saxons that went to the treaty , to 〈…〉 under their garments , and upon a signall given 〈◊〉 , that every one of them should kill the bri●on that 〈◊〉 next him : whiles they were treating , hengist took hold of var●●iger●●es cloke ( which was the signall ) upon which the saxons drawing out their knives , suddainly sl●w about 460 of the 〈◊〉 nobles , barons , and * consu●s , being unarmed , and suspecting no such thing ; but consul el●●● ▪ beholding the treachery , took up a stak● , which he there found by chance , and with it slew 70. saxons , till his stak● was quite spent , and then saved himself by flight . the king they took prisoner , enforcing him to grant them kent , sussex ▪ suffolke , and norfolke , which he confirmed to them with an oath , and then they rele●sed him : after which they wast●d most of the ki●gdom with fire and sword , pulled down churches , slew the pr●●sts , burned up the bookes of the holy sc●ipture , leaving nothing undone , that tyranny could effect ; and forced vortigerne , with m●st of the britons , to retire into wales for shelter in the m●●●taines . the britons thus distressed by the saxons under this bloudy usurper ( who first called them in , and under hand encouraged them against the natives ) anno 464. sent messengers into little brittain to aurelius ambrosius and vt●r pendragon ( then of full age , and right heires to the crown ) to come speedily over to them , with what forces they could raise , to expell the saxons , and the vsurper vortigerne , and receive the crown and kingdome of brittain , of right belonging to them : who thereupon arriving with great forces , anno 466 : the britons repair'd from all parts to aurelius ambrosius ( the elder brother ) and assembling the clergy , forthwith crowned him for their king. which done , the britons exhorting him , in the first place , to assault the saxons ; the king mindfull of the treason done to his father and brother by vortigerne , refused to doe it , till he had first destroyed this bloudy traytor : whereupon marching with his army to gen●rium a castle in wales , wherein vortigerne was , he spake thus to his captaines . consider most noble captaines , if these walls of this tower can pr●tect vortigerne , who hath wasted a fertile country , destroyed holy churches , almost deleted christianity from sea to sea , and that which i think is more to be lamented , hath betrayed my father and brother . now most noble countrymen play the men , and in the first place revenge your selves on him , by whom all these things have come to passe , and after that turn your armes upon your saxon enemies . presently upon these words , they endeavoured to throw down the walls with divers engines . at last when other things failed , they put fire to the wooden walls , which taking hold on them , burnt both the tower and vortigerne to ashes , as some record : whereas others write , it was done with fire and lightning then sent from heaven by god upon him . the bloudy usurper being thus destroyed , this king and the britons valiantly encountred the saxons , slew many thousands of them in sundry battles against hengist and ella , whom they routed and chased throughout the realm . this king in his march , finding the churches every where destroyed to the ground by the saxons , anno 468. sent for work-men , and caused them to be new built , placed preshyters and clerkes in them , restored divine service to its due state , utterly destroyed the prophane temples and idols of the saxons , blotting out their memory from under heaven : moreover , he studied and commanded to observe justice and peace to churches and church-men , conferring many gifts on them , out of his royall bounty , with ample rents ; commanding all to pray for the prosperity of the realm and state of the church . the year following , by his letters directed to all the coasts of britain , he commanded all who could bear armes speedily to repair to him , and to endeavour to exterminate the pagans out of the confines of britain . whereupon all of them being assembled together , he marched with them against hengist and the saxons ; after a bloudy battel hengist was taken prisoner by duke eldol ( fore-mentioned ) and his whole army routed . the king upon this victory , coming to glocester , calling his captaines and nobles together , commanded them to resolve , what ought to be done concerning hengist ? upon which eldad bishop of glocester , brother to duke eldol , commanding all to be silent , grinding his teeth for anger , said : although all would set this man free , yet i will hew him into peices . o effeminate men , why doe yee demurre ? did not samuel the prophet , when he hewed the king of amaleck , taken in warre , in peices , say , as thou hast made many mothers childlesse , so will i this day make thy mother childlesse among women ? so doe yee likewise concerning this other agag , who hath bereaved many mothers of their children . upon which words , eldol drawing forth his sword , led hengist out of the city , and cutting off his head , sent him packing to hell . after this convocavit rex consvles et principes regni eboracvm , the king called the consuls and nobles of the realm together to york , and commanded them to repair the churches the saxons had destroyed , himself building the cathedrall there . then marching to london anno 490. octa and the other saxons unable to withstand his power , submitted to him , confessing his god to be stronger than their gods ; with whom he made this agreement , that they should leave kent , and those other places they possessed , and seat themselves in a country neer scotland , which he gave them . then going to ambri , he caused great stones ( there remaining to this day ) to be set up as a monument , for the noble britons there treacherously slain . where he holding a council with his bishops , abbots and other nobles , was crowned again on whitsunday , and granted the metropolitical sea of york , then void , to sampson ; and that of the city of london to dubritius , and likewise regnvm disposvit , legesqve renovat ; set the kingdomes in order , and renued the lawes . after this he and the britans had many battles with the saxons , to defend and recover their country , liberties , lawes ; till at last he 〈◊〉 tr●yterously poysoned anno 497. whose death the b●itons 〈◊〉 : cum quo simul militia et 〈◊〉 b●●tonvm expiravit , as mathew westminster , and others write . from this memorable story of vortigerne , aurelius ambrosius , and the britons , and saxons , these particulars are observeable . 1. that the british kings in those times , debated all their weighty affaires , and concluded all matters touching warre , peace , and the publick defence of the realm against invading enemies , in grand parliamentary councils , in which they likewise made laws and edicts . 2. that the princes , dukes and nobles ●ere the onely or principle members of the great councils of the realm in those dayes , by whose advice all things were managed . 3. that traytors to and murderers of their lawfull soveraignes , usurping their crownes , bring commonly great fearful judgements on the whole kingdome and nation , in case they comply with them therein . 4. that vortegernes treason in murdering his soveraignes , and usurping their crown , was the occasion of , and punished with the long-lasting warres with the picts and saxons ; yea , the original cause of the great revolution of the government , kingdome and country of britain from the britons to the saxons . 5. that although a bloudy usurping traytor may reign and deprive the right heir of the crown of his right for many yeares , yet his reign is usually full of warres , vexations , dangers , troubles , his end tragicall , and the right heir called in and restored by the people themselves at last , as her● aurelius ambrosius was after 21 , yeares usurpation of his right : and joash in the seventh year of athaliah's usurpation . 2 chron. 23. 6. that usurpers are apt to depresse the nobility , and oppresse the natives of the realm , for fear they should oppose their t●ranny and dethrone them . 7. that a●l heresies , vices , contempt of god and religion , usually s●●ing up and overspread the realm under usurpers , who give publick countenance to them to please all sides , to suppo●● u●just authority over them . 8. that it is i very dangerous to call in forrain forces upon any necessity into a kingdome , as assistants , who commonly prove worse enemies in conclusion , than those they are called in to 〈◊〉 . 9. that all mercenary guards and souldiers ( especially forraigners ) are for the most part very treacherous and perfidious , for●ibly suppressing supplanting , destroying those princes and nations they are hired to guard and protect . 10. that lawful hereditary kings are the cheifest patrons of gods ministers , churches , religion ; and the death of such ( then religious , just , valient ) the greatest losse and misery that can befall a nation . 11. that all subjects are obliged to defend with their armes and lives , their native country and lawful kings against invaders and usurpers . 12. that the worst of kings and usurpers , in cases of extream danger , are enforced to all common councils , and to crave the advice and assistance of their nobles ( as vortigerne did here ) as well as the justest kings . aurelius ambrosius dying by poson , without issue , anno 497. k vther pondragon his brother , and next heir , posting to winchester , assembled the clergy and people of the realm thither , and took upon him the crown of the realm ; which done , praecepit vther consvles svos at que principes ad sevocari , vt consilio svorvm tract aret , qvaliter in hostes irrvptionem facerent : vther commanded his consuls and nobles to be called to him , that by their advice he might debate , in what manner they should assault the enemies . whereupon they all assembling in the kings presence , upon mature debates , they all agreed to the advice there propounded by gorlois ; and encountring the saxons , slew many of them , routed the rest , took some chief commanders prisoners , and put them in prison at london , whether the king repaired . the feast of easter approaching , rex praecepit proceribvs regni ibi convenire . the king commanded all the nobles of the realm to assemble together at london , that wearing his crown , he might celebrate the holy day with due honour . all presently obeyed , and the king celebrated the festivity with joy . among other nobles , gorlois duke of cornwall was present . the king not long after being taken with a great sicknesse , octae and osa , the saxon generals , bribing their keepers , efcaped out of prison , and then collecting all their forces , resolved to extirpate the britons and christian religion out of the island ; in pursuance whereof , they wasted the land from sea to sea , sparing neither bishops , nor churches , overruning all places without resistance . the britons deserting their sick king , fled into woods and caves , refusing to follow the counsel and conduct of consul lotho , a most valiant man , whom the king had made generall of his forces . hereupon king vther being much grieved for the subversion of the realm , the oppression of the church , the desolation of the nobles , and dispersion of the people . anno 512. convocatis omnibvs regni svi magnatibvs , calling together all the nobles of his realm ( in a general parliamentary councel ) sharply reproved them both for their pride and s●othfulnesse , and casting out many bitter words with reproaches against them , informed them , that he himself would lead them against the enemies , that so he might reduce the minds of them all to their pristine state and audacity . and commanding himself to be carried in his sick bed in a litter into the camp , ( his infirmity not permitting him to be carried otherwise ) he marched therein with all the strength of the kingdome against the enemies , who scorned to fight with him being sick in his litter , and at last forcing them to fight , after many bloudy encounters , utterly routed their forces , and slew octa and osa their generals . anno 516. k the saxons treacherously poysoning this noble king , the bishops , clergy and people of the realm assembling together , buried him honourably at ambri , within the quire of giants . the funeral being ended , dubricus , the arch-bishop , sociatis sibi episcopis et magnatibvs , associting the bishops and nobles to him , magnificently advanced his son arthur ( a youth but sixteen yeares old ) to be king ; to which solemnity , convenervnt ex diversis provinciis proceres brittannorum , the nobles of the britons assembled out of divers provinces to ca●rleon , and there crowned king arthur , who having routed the saxons in twelve severall battles ; afterwards ( if we believe our british fables , as malmesbury stiles them ) conquered all france , and keeping his court at paris , convocatis clero et popvlo statvm regni pace et lege confirmavit . whence returning into britain in triumph , about the year 536 pentecost aproaching , he resolved to keep that solemnity at caer-●eon , and there to be new crowned . whereupon he sent messengers into all the kingdomes and countries subject to him , inviting ▪ all the kings , dukes . and nobles subject to him , to come together to that solemnity , that he might ren●e a most firm peace between them . whereupon no lesse than thirteen kings , three arch-bishops , with sundry princes , dukes . consuls , earles and nobles there assembled , whose names you may read at large in geoffry monmouth . the king being solemnly crowned by d●bricius arch-bishop of 〈◊〉 , in the midst of the feasts , sports and 〈…〉 at this coronation , behold twelve men of mature age , of reverend countenance , bringing olive branches in their right hands in token of their embassy , with grave paces came to the king , and having saluted him , presented him with 〈…〉 luciu , tiberius , procurator of the roman r●publi●k , to this effect : i exceedingly admire the frowardnesse of thy tyranny , a●d the inj●ry thou hast done to rome , that going out of thy self , thou refusest to acknowledge her , neither dost thou consider what it is to offend the senate by unjust actions to whom thou art not ignorant , the whole 〈…〉 service , for thou hast presumed to detain the tribute of britain , which the senate commanded thee to pay , because caius julius and other romane emperours have injoyed it for a long time , neglecting the command of so great an order . thou hast taken away from them the province of the switzers , and all the isles of the ocean , whose kings , whiles the roman power p●evailed in those parts , pai● trib●te to our ancestors . now because the senate hath diverced , to demand justice concerning so great heapes of thy injuries , i command thee to rep●ir to rome . to answer them on the midst of august the year following , the time pr●fixed to thee ; that satisfying thy lords , thou maist submit to that sentence , which their justice shall pronounce . but if thou refusest , i my self will come in person into thy quarters , and will endeavour to restore by the sword , what ever thy frenzy hath taken away from the republick . this letter being read in the presence of all the kings and nobles present , king arthur went apart with them , to consult concerning this businesse : where craving their unanimous advise and sense conce●ning these mandates ; he said : that he thought the inquietation of lucius was not much to be feared , since ex irrationabile causa , from an unreasonable cause he exacted the tribute , which he desired to have out of britain : for he saith , that it ought to be given to him , because it was paid to julius caesar , and the rest of his successors , who invited by the divisions of the old britons , arrived with an army in britain , and by force and violence subjected the country to their power , shaken with domestick commotions . now because they obtained it is in this manner ; vectigal ex ea inivste recepervnt , they received tribute cut of it , unjustly . nihil enimu od vi & violentia acquiritur , juste ab ullo prossidetur qui violentiam intulit . irrationabilem ergo causam pretendit , qua nos jure sibi tributarios arbitratur , &c. for nothing which is acquired by force and violence , is justly possessed by any man who hath offered the violence ; therefore he pretends an unreasonable cause , whereby he supposeth us of right to he tributaries to him , now because he presumes to exact from us , id quod injustum est , that which is unjust , by the same reason let us demand tribute of rome from him , and he which shall become strongest , let him carry away that he desires to have . for if because julius caesar , and the rest of the roman emperours , have in times past subdued britain , he determines , that tribute ought now to be rendred to him out of it ; in like manner i think , that rome ought now to render tribute unto us , because my ancestors have in ancient times obtained it . for belinus , that most noble king of the britons , using the assistance of his brother brennus duke of the allobroges , having hanged up four and twenty of the most noble romans in the midst of the market place , took the city , and being taken , possessed it a long time . moreover constantine the sonne of helen and maximianus , both of them my neer kinsmen , both of them kings of britain , one after the other , obtained the throne of the roman empire . doe yee think therefore , that tribute is to be demanded by the romans ? concerning france , or the collaterall islands of the ocean , i am not to answer to them , seeing they deserted their defence , when we substracted them from their power . the whole council of kings and nobles present , assenting fully to this his opinion and resolution , promised him their assistance in this cause against the romans . whereupon he returned answer to the roman emperours by the said messengers , that he would by no meanes render them tribute , neither would he submit himself to their judgement concerning it , nor repair to rome ; yea , that he demanded from them , that which they had decreed , by that their judgement , to demand from him . and hereupon ( some say ) he writ this letter unto the senate of rome , in answer of theirs . vnderstand among you at rome , that i am king arthur of britain , and freely it hold and shall hold ; and at rome hastily will i be , not to give you truage ( tribute ) but to have truage of you . for constantine that was helens son , and others of mine ancestors , conquered rome , and thereof were emperours , and that they had and held , i shall have and hold by gods grace . whereupon lucius tiberius , by command of the senate , raising great forces amongst the eastern kings to subdue britain , was encountred and slain by king arthur , with all his roman forces , in the valley of soisie in france anno dom. 537. since which this tribute was never demanded . this history ( whether true or seigned ) as it declares by the resolution of thirteen kings , and a great multitude of princes , dukes , nobles , prelates , souldiers , that titles and tributes gotten by force , violence , conquest , are both irrational , unjust and illegal ; so it resolves , that the matters of warre , peace and other great affaires of the realm , were determined in parliament . that the kings , princes and nobles were the onely parliaments and parliament men of that age : that the realm and kings of england are neither tributary , nor subject , nor responsible to any forraign powers , jurisdictions , or courts whatsoever ; and that no tribute or tax can justly be imposed on , or exacted from the inhabitants of this island , but by their own voluntary grants and consents , even by the lawes and customes of the realm in the britons times ; and that whatever tax or possession was then gained by force , conquest , or armed power without just right and title , was both unjust and unreasonable . and so ought to be reputed now . quod ab initio non valet , tractu temporis non convalescit , being a principle in our law. i read in the lawes of king edward before the conquest , c. 35. in mr. lambards archaion , fol 135 , 136. and sir edward cook his 7 report ; calvins case , fol. 6 , 7. that this most famous king arthur first invented and inacted this law , that all the princes , earles , nobles , knights , and all free-men of the realm of britain , ought to make and swear fealty to their lord the king in the full folkemote or leet , in this form ( commonly used in leets till within the six yeares last past . ) you shall swear , that from this day forward , you shall be true and faithfull to our soveraign king arthur , and his heires , and truth and faith you shall bear to him of life , and member , and terrene honour ; and you shall neither know nor hear of any ill or dammage intended to him , that you shall not defend . so help you god. and that by autherity of this law , king arthur expelled the saracens ( it should be saxons , for no saracens ever invaded britain ) and enemies out of the realm . and by authority of this law , king etheldred in one and the same day slew all the danes throughout the whole realm . surely such oathes of fealty , loyalty and homage are very ancient , as our histories manifest . king arthur being mortally wounded in the battell he fought with his nephew mordred ( who usurped the crown in his absence ) mordred being slain in the fight , arthur despairing of life , gave the crown of britain to constantine his kinsman anno dom. 542. who , together with the rest of the british kings , neglecting all lawes and justice , warring against each other , and degenerating into tyrants , usurpers , murderers , perjurious persons , oppressors , and the like , declined daily in their power , the saxons continually incroaching upon them in all parts , and about the year of our lord 586. they were quite driven out of their kingdomes , together with their british subjects , by the saxons into wales , cornwall , and little britain in france , and reduced to the extremity of all misery , as you may read at large in gildas , de excidio & conquestu britanniae ; and l others out of him . who thus describes the tyrannies and vices of those times . vngebantur reges non per deum , sed qui caeteris crudeliores extarent ; & paulo post ab unctoribus , non pro veri examinatione trucidabantur , aliis electis trucioribus . si quis vero eorum mitior , & veritate aliquatenus pronior videretur , in hunc quasi britanniae subversorem , omnium odia telaque sine respectu contorquebantur ; & omnia quae displicuerint deoque placuerint aequali saltem lance pendebantur , si non graviora fuissent displicentia . sicque agebant cuncta , quae saluti contraria fuerunt , ac si nihil mundo medicina a vero omnium medico largiretur , &c. ita cuncta veritatis & justitiae moderamina concussa ac subversa sunt , ut corum , non dicam fastigium , sed ne monimentum quidem in supra dictis propemodum ordinibus apparent , exceptis paucis , & valde paucis , &c. reges habet britannia , sed tyrannos : judices habet , sed impios : saepe praedantes & concutientes , sed innocentes : vindicantes & patrocinantes , sed reos & latrones : crebro jurantes , sed perjurantes ; voventes , & continuo propemodum mentientes : belligerantes , sed civilia et injusta bella agentes ; per patriam quidem fures magnopere insectantes , & eos qui secum admensam sedent non solum amantes , sed & munerantes ; in sede arbitraturi sedentes , sed raro recti judicii regulam quaerentes ; innexios humilesque despicientes , sanguinarios , superbos , parricidas , commanipulares ( qui cum ipso nomine certatim delendi sunt ) pro ut possunt efferentes ; vinctos plures in carceribus habentes , quos dolo sui potius quam merito proterunt , catenis onerantes ; inter altaria jurando demorantes , & hoec eadem ac si lutulenta paulo post saxa despicientes . cujus tanti nefandi piaculi non ignarus est immundae leaenae d●mnoniae tyrannicus catulus constantinus . hoc anno post horribile juramenti sacramentum ( quo se devinxit nequaquam d●los civibus , deo primum j●requejurando , sanctorum demum choris & genetrice comitantibus frelis facturum ) in duarum venerandis matrum finibus , ecclesia earnalisque sub sancti abbatis amphibalo , latera regiorum tenerrima pucrorum , vel praecordia crudeliter duum totidemque nutritorum , inter ipsa , ut dixi , sacrosancta altaria , nefando ense hastaque prodentibus laceravit , &c. quid tu qu●que catule leonine aureli canine agis ? nonne pacem pa●riae mortiferum ceu serpentem odiens , civiliaque bella & crebras injuste praedas sitiens animae tuae caelestes portas pacis ac refrigerii praecludis ? quid tu etiam insularis draco , multorum tyrannorum depulsor tam regno quam etiam vita , snpradictorum novissime in nostro stylo prime in malo , major , multis potentia , simulque malitia , largior in dando , profusior in peccato , robuste armis , sed animae forti●r excidiis , maglocune , in tam vetusto scelerum a●ramento stolide volutaris ? quare tantas peccaminum regiae cervici sponte , ut ita dicam , ineluctabiles celsorum seu montium innectis moles ? nonne in primis adolescentiae tuae annis avunculum regem , cum fortissimis propemodum militibus acerrime ense , hasta , igni oppressisti ? parum cogitans propheticum dictum : m viri inquiens sanguinum & doli , non dimidiabunt dies suos . quid pro hoc solo retributionis a justo judice sperares ( & si non talia sequerentur , quae secuta sunt ) itidem dicente per prophetam , n vae tibi qui praedaris , nonne & ipse praedaberis ? & qui occidis , nonne & ipse occideris ? & cum d●siveris praedari , tunc cades . these sinnes brought the ancient british kings , with their kingdomes and people to ruine . legitur in libro gildoe sapientissimi britonum , quod ijdem britones , propter avaritiam & rapinam principum , propter iniquitatem & injuriam judicum , propter desidiam praedicationis episcoporum , propter luxuriam & malos mores populi patriam perdiderunt , write alcuinus and o malmesbury . the lord grant they may not bring our kingdomes and nations to like ruine and desolation now . how many bloudy warres and battles the brotons , after they were driven out of their country into the welsh mountaines by the sa●ons , fought with them for the defence of their country , rights , liberties , under the conduct of valient cad●in , who after twenty four yeares civill dissention amongst the britons , and so long an inter-regnum , was p by the unanimous consent of all the princes and nobles of the britons assembled together ( in a great parliamentary councill ) at legecester elected and made 〈◊〉 of the britons ; which nobles and counsellor , would not permit him to give way , that edwin the saxon , by his permission , should be crowned king of northamberland : aiebant enim contra ivs vetervmqve traditionem esse , insulam unius coronae dvobvs coronatis svbmitti debere . and after his decease , under cadwallo his son , who succeeded him in the crown ; and under famous cadwallader , succeeding cadwallo his father in the kingly government , by lineall d●scent ; by whose death , both the royall blond , with the government of the britons , and the very name of britain it self expired ; you may read at large in geoffry monmouth , b●da , gildas , maelmesbury , huntindon , q mathew westminster , fabian , holinshed , grafton , speed and others , being over tedious to relate . the divisions and discords amongst the british nobility , during cadwalladers sicknesse , seconded with eleven yeares sere p●stilence , famine and all sorts of miseries , whereby the land became desolate , enforced them to forsake their native country , and to seek relief in forraign parts . whereupon the saxons sending for more of their countrymen into britain , replenished and planted the vacant country , dispossessing the britons totally of their ancient rightfull inheritance ; which they never since regained : after they had possessed it from brute to cadwallader , for two thousand seventy six yeares , under one hundred and two kings , as john brompton records in the beginning of his history , col . 725. and this shall suffice concerning the britons contests and wars for their liberties , laws , government , country , religion , against the romans , saxons , and touching their great parliamentary councils , & proceedings in them , from julius caesars to the saxons conquest , and total supplantation of them by treachery , violence and the sword ; of which violent intrusion , laeland our famous antiquary , and archbishop parker in his antiquit●tes ecclesiae britannicae , p. 12. give their censure in point of conscience ; who writing of pope gregories conversion of the pagan saxons ( who expelled the britons ) to the christian faith , conclude thus ; debuerat gregorius admonuisse saxones , gentem perfidam , ut si syncere christia●issim●m admittere vellent , britanniae imperivm , qvod contra sacramentvm militiae per tyrannidem occvpaverant , ivstis dominis ac possessoribvs restitverent . that is : gregory ought to have admonished the saxons , a perfidious nation , that if they would sincerely embrace christianity , they then ought to restore the kingdome of britain , which they had seised upon by tyranny , against the oath of their militia , to the just lords and possessors thereof ; ( a doctrine fit to be pressed on others now by all our ministers ) which because they neglected to doe , you may read what a divine retaliation their postetity received from the pagan danes , in the insuing sections . chap. iii. sect . iii. comprising some remarkable generall historicall collections ; proving the limited power and prerogative of the first saxons kings of england , disabled to make any lawes , warre , peace , alienate their crown lands , impose any taxes , tributes in any necessity , or kind whatsoever , but in and by common consent in the generall parliamentary councils of their nobles and wisemen , which they were obliged to summon upon all occasions , when there was need , and to govern their people justy according to law. the saxons proceedings against their tyrannicall oppressing kings ; and the severe judgements of god upon some saxon subjects , for their perjury , treachery , disloyalty , rebellion against ; expulsions , murders of their lawfull soveraignes , and unrighteous violent disinheriting the christian britons by the sword , of their native country . the british kings and britons , being for their tyranny , perjury , treachery , injustice and other sinnes related , reprehended by gildas , driven out and dispossessed of their royalty and country by the saxons a they ( about the year of our lord 576. ) divided it into seven kingdomes , and set up seven kings in severall parts of the island ; who soon after waged civill warres , and more than civill warres one with another . these kings all agreed , utterly to delete the name of britain , and the memory of the britons ; whereupon they by common consent ordained . that the island should not be called britain from brute , but england . b these kings were at first elected by the saxon nobles and people , to reign over them , to govern the people of god , and to maintain and defend their persons and goods in peace by the rules of right . and at the beginning ( so soon as they turned christians ) they made their kings to swear , that they should maintain the christian faith with all their power , and govern their people by right , without respect to any person , and should be subject to suffer right as well as others of the people . and although the king ought not to have any peer in his land , for as much if he did wrong , or offended against any of his people , he , or any of his commissioners , should not be both judge and party , it behoved of right , that the king should have companions for to hear and determine in parliament all the writs and plaints of the wrongs of the king , of the queen , and of their children , and especially of those , of whose wrongs one could not have right other where . and these companions are now called counts , after the latine word comites ; every o●e of which had at first a country delivered to him , to guard and defend it from the enemies ; which country is now called a county , and in latine comitatus : and these counties , together with the realm , were turned into an inheritance . so horne in his mirrour of justice ▪ in the reign of king edward the first . these english saxons from the first settlement of their k●●gdomes and monarchies , had no soveraign power at all t● make , alter , or repeal lawes , impose taxes , or alien their crown lands , but onely by common consent in general parliamentary councils , much lesse to imprison , con●emn , exile , out-law any m●ns person , or to deprive him of his life , lands , goods ▪ franchises , against the law , without any legall triall , as these subsequent historicall collections will at large demonstrate . that they had no power nor authority to make , alter or repeal any lawes , but onely by common advice and consent of their nobles and wise-men , in their great parliamentary councils of the realm , is evident by this passage of our venerable c beda , concerning ethelbert king of kent , the first christian saxon king and law-maker : he , about the year of christ 605. inter caetera bona quae genti suae consulendo conferebat , etiam decreta illi , juxta exempla romanorum , cvm consilio sapientvm constitvit . quae conscripta anglorum sermone , hactenus habentur , & observantur ab ea . in quibus primitus posuit , qualiter id emendare deberet , qui aliquid rerum vel episcopi , vel reliquorum ordinum furto aufernt , volens scilicet tuitionem eis , quos , & quorum doctrinam susceperat praesiare . malmesbury and huntingdon write of him . quin etiam curam extendens in posteros leges patrio sermone , tvlit , quibus bonis praemia decerneret , improbis per remedia meliora occurreret , nihil svper aliqvo negocio infvtvrvm relinqvens ambigvvm . the first law this christian king ever made by the council of his wise-men , was for god , his church and ministers , to protect them and theirs from violence ( a jove principium : ) and the next for to protect great councils and their members from injury : thus recorded by d sir henry spelmau , out of a famous ancient manuscript called textus roffensis . 1. quicunque res dei vel ecclesiae abstulerit , duodecima componat solutione ; episcopires , undecima solutione ; sacerdotis res , nona solutione ; diaconires , sexta solutione ; clerici res , trina solutione : pax ecclesiae violata duplici emendetur solutione : pax ( monachi ) duplici etiam solutione . 2. si rex populum suum convocaverit , & hos illic . quispiam injuria afficerit ; duplex esto emendatio , & praeterea 50. solidos regi pendito . let the forcers of parliaments consider it . to these i might subjoyn , all the ecclesiasticall and civil lawes , canons , constitutions of all our other saxon kings , before the normans reign , recorded in mr. lambards archaion , and scatteringly mentioned in beda , ingulfus , william of malmesbury , huntindon , mathew westminster , florentius wigorniensis , brompt . antiquitates eccl. britannicae , mr. seldens titles of honour , mr. fox acts and monuments , with other antiquaries and historians , all made , altered , amended , repealed from time to time by common advice and consent in their great parliamentary councils : which , because i have particularly insisted on in my antiquity triumphing over novelty , and historicall collection of the ancient great councils and parliaments of england , i shall forbear here to repeat at large , being never yet denied by any , and a truth beyond contradiction . that our saxon kings from their original institution , could not alienate or transferre to any other uses ( no not to endow churches , support gods worship or ministers ) any of their crown lands , demesnes or revenues , without common consent of their nobles and prelates in their great parliamentary councils , is apparent by the three first charters we read of granted by e ethelbert , the first christian saxon king , to the church of peter and paul in canterbnry , anno dom. 605. wherein the king , cvm consensv venerabilis augustini archiepiscopi ac principvm meorvm ; by the consent of archbishop augustine and his princes , first gave and granted a parcell of land , of his right , in the east part of the city of canterbury , to build a church and monastery to the honour of st. peter ; and after that by a second charter of the same date , confirmed by his own , the arch-bishops and nobles subscriptions thereto , with the sign of the crosse , he gave and granted other lands in langeport to god and his church ; and after that by a third charter , anno 610. he granted other lands and priviledges to it , as a testimony of his gratitnde to god , for his conversion from the errour of false gods to the worship of the onely true god ; adjuring and commanding in the name of the lord god almighty , who is the just judge of all things , that the said lands given to this church by the said subscribed charters , should be perpetually confirmed ; so that it should not be lawfull for himself , nor for any of his successors , kings or princes , or for any secular or ecclesiasticall dignity , to defraud the church of any part thereof . and if any shall attempt to diminish or make void any thing of this donation , let him be at present separated from the holy communion of the body and bloud of christ , and in the day of judgement let him be separated from the fellowship of all the saints . the two first of his charters and donations to this church , were approved and confirmed in a common councill assembled by this king at canterbury , 5. january anno 605. omnium & singulorum approbatione & consensu , by the approbation and consent of all and every of them , as you may read at large in sir henry spelman , and william thorne . this truth is further abundantly confirmed by the f charter of immunities of withraed king of kent , granted to the churches under him , anno 700. the charter of ethelbald king of mercia to the church of croyland , an. 716. the charter of king ive , of lands and priviledges to the church of glastonbury , anno 725. the charter of king offa of lands and priviledges to the courch of st. albanes , anno 794. the charter of king egfred to the same church , anno 797. the charter of bertulph king of mercia to the abbot of croyland , made in the parliamental great council of biningdon , anno 850. and of kingsbury , anno 851. ( a memorable president recorded at large by abbot ingulphus , hist p. 858. to 863. ) the charter of king aethelstan to the abby of malmesbury , an. 930. the charter of king edmond to the abbot of glastonbury , anno 944. and of the same edmund to the abby of hyde , anno 966. and to the abby of croyland the same year ; and to the abby of malmesbury , anno 974. with many other charters of our saxon kings , to abbies , bishops and churches , recorded in ingulphus , malmesbury , spelman and * others ; all which were made and confirmed by these kings , with the consent and approbation of their bishops , abbots and nobles , assembled in their great parliamentary councils , and ratified , confirmed by them , being else void in law , and repea●lable , as appeares by the generall g council of kingston , anno 838. wherein the manor of mallings in kent , which king baldred had formerly given to christs church in canterbury , being afterwards * revoked and substracted from it , because the nobles offended with the king , would not ratifie that donation , nor suffer it to remain firm , was resetled and confirmed to this church in and by this council ( specially summoned for that purpose ) by king egbert and his son athelwelfe , consenti entibvs demvm magnatibvs : the nobles now at last consenting to it in this council , which they refused formerly to doe . a clear evidence of the noble-mens negative and affirmative voyces to the saxon kings grants of their lands and charters to pious uses , and of their invalidity without their concurrent assents thereto . in most of these forecited charters of our kings to these churches and monasteries , it is observable , that they exempted them and their lands , ab omnibvs pvblicis vectigalibvs , oneribvs , regiis exactionibvs , et operibvs , nisi in structionibus arcium , vel pontium , quae nunquam ull●s possint laxari . from which notwithstanding king h ive exempted the abby of glastonbury ; and king aethulwulfe and beorred the abby of croyland ; & ab expeditione militari . and therefore , as they could not thus exempt them from publick tributes , burdens , regal exactions and services without common consent in parliamentary councils , so they could not impose any publick tributes , burdens , exactions or services on them without common grant and consent in such councils , ( unless by special referrations ) as i shall by ensuing presidents most fully evidence . how carefull the saxon nobles and subjects were from the first erection of their kings and kingdomes in england , to preserve their priviledges , liberties , properties , lawes , from the usurpations , invasions , and arbitrary power of tyrannical kings or usurpers , and how un●nimous , magnanimous they shewed themselves in their just defence , will appear by these few presidents of their proceedings against their tyrannicall oppressing kings , which i shall muster up together in their chronologicall order . anno dom. 756. i sigebert king of the west-saxons , growing insolent and proud by the successes of his predecessors in their warres , became intolerable to his people , treating them very ill by all kind of meanes , legesqve antecessorvm svorvm propter commodvm svvm vel depravaret , vel mvtaret ; endeavouring to d●prave or change the laws of his ancestors , for his own private luchre , and using exactions , & cruelties upon his subjects , setting asid●● all lawes . whereupon his most noble and faithful counseller earle cumbra , lovingly intimating to him , the complaints of all the people , perswaded the king to govern the people committed to his charge more mildly , and to lay aside his inhumanity , that so he might become amiable to god and man ; he thereupon soon after commanded him to be wickedly slain , and becoming afterwards more cruell to the people , augmented his tyranny . vpon which the rest of the p●ers , seeing their state and lives were every day in danger , and the common subjects , whose lawes were thus violated , being incensed into fury , all the nobles and people of his realm assembling together , rose up against him , and upon provident mature deliberation , and unanimous consent of all , they ( before he had reigned full two yeares ) expelled him out of the kingdom , and elected and made kenulphus ( sprung from the bloud royall ) king in his stead . whereupon flying into the woods like a forlorn person for shelter , he was there slain by cumbra his swineherd , in revenge of his masters death . ita cr●delitas regis omnem pene nobilitatem pervagata , in homine ultimae sortis stetit , writes malmesbury . to which henry huntindon addes this memorable observation : ecce manifestum domini judicium , ecce quomodo domini justitia nonsolum in futuro seculo , verum etiam in isto digna meritis recompensat . eligens namque reges improbos ad contritionem promeritam subjectorum , alium diu insanire permittit , ut & populus pravus diu vexetur , & rex pravior in aeternum acrius crucietur , veluti ed●lboldum regem merce praesatum : alium vero cita disterminatione praeoccupat , ne populus suus nimia tyrannide oppressus non respiret , & immoderata principis requitia , citissimas ultionis aeternae debito paenas incurrat , veluti sigebertum hunc de quo tractamus . qui quanto nequior extitit , tanto vilius a subulco interf●ctus , a d●lore in dolorem transiit . vnde domini justitiae aeternae laus & gloria nunc & semper . in the k year of our lord 758. the people of the kingdome of mercia rising up against their king beornred , pro eo quod populum non eqvis legibvs , sed per tyrannidem gvbernaret , because he governed his people not by their just lawes , but by arbitrary tyranny , they all of them , as well nobles as ignoble , assembled together in one , and offa a most valiant young man being their generall , they expelled him out of the realm : which being accomplished , by the unanimous consent of all , as well clergy as people , they crowned the said offa , king. this beornred treacherously murdered king ethelbald his soveraign , whose captain he was , and then usurped his crown , but was himself deprived of it , and slain soon after by offa ( who succeeded him ) by divine retaliation . so l edwin king of mercia in the year 857. for his misgovernment , his despising the wise-men and nobles of the realm , who hated his vicious and oppressive courses , affecting and fostering ignorant and unrighteous persons , his forcible expelling the monkes and others out of their possessions by armed men , his banishing dunstan into france for reprehending his vices , and other injurious and tyrannicall actions against law and right , was utterly forsaken and rejected by all his subjects , and by the unanimous consent of all , dejected , deposed from his royall dignity , and his brother edgar elected king in his place , deo dictante , & annuente populo , by the dictate of god himself and the peoples consent , ab omni popvlo electvs . as our historians write . by these presidents , pretermitting others , it is apparent , that the ancient saxons held their kings supremacy to be bounded within the rules of law and justice ; and that they esteemed their kings to lose both the name and office of kings , when they ceased to govern them according to law and justice , or exalted themselves above their lawes and liberties ; which was not onely the ancient divinity of those former times , as appeares by pope eleutherius his forecited letter to king lucius , but the received law amongst the saxons , as is evident by the lawes of king m edward the confessor , lex 15. hereafter cited . the law was the sole umpire between these kings and their people ; n which law , as no great man , nor any other in the whole kingdome might violate or abolish , as ive the great saxon king confesseth in his lawes : so the kings themselves were to submit thereto in all things , as well as their subjects ; whence o aethelstan the saxon king , in his prologue to his lawes , made at the great councill of grat●ley , anno dom. 928. by the advice of the arch bishops , bishops , nobles and wise men of the realm , used this memorable expression , as the law of that age , between king and people ; ea mihi vos tantum modo comparatis velim , qvae jvste ac ligitime parare possitis . neque enim mihi ad vitae usum qvicqvam injvste acqviri cvpiverim . etenim cum ea ego vobis , lege vestra omnia benigne largitus sum , ut mea mihi vos itidem concedatis , prospicitote sedulo ne quis vestrum , neve ●●rum aliquis qui vobis paruerit , offensi●n●m aut divinam , aut nostram concit●tis . indeed some of the saxons , being too much addicted to faction , treason , sedition and rebellion against their kings , abused their just liberties and priviledges to the unjust murther and dest●●ction of their kings , especially those of the kingdome of northumberland ; to prevent which excess●s , in the famous council of p calchuth anno 787. held 〈…〉 of northumberland , his bishops and nobles , and of● . king of mercians , and his bishops and n●lles , there 〈…〉 memorable lawes and 〈◊〉 , both for the security , immunity of king and people , which they with all their subjects assented to ; and with all devotion of mind , to the uttermost possibility of their power , vowed through gods assistance to observe in every point . cap. xi . of the duty and office of kings : vndecimus sermo fuit ad reges & principes , ut regimen suum cum magna cautela & disciplina peragant , & cum justitia judicent , ut scriptum est : q apprehendite disciplinam , ne quando irascatur dominus & pereatis , &c. habentque reges consiliarios prudentes , dominum timentes , moribus hon●stos , ut populos bonis exemplis regum & principum eruditus & confirmatus , proficient in laudem & gloriam omnipotentis dei. cap. xii . de ordinatione & honore regum ( who were then r generally hereditary not elective ) we decree , that in the ordination of kings , none may permit the assent of evill men to prevail ; but kings shall be lawfully elected by the priests and elders of the people ; and those not begotten of adultery or incest : for as in our times by the lawes , a bastard cannot be admitted to the priesthood , so neither can he be able to be the lords annointed : and he who shall be born out of lawfull wedlock shall not be king of the whole realm , and heire of his country : the prophet saying ; ſ know yee that the lord ruleth in the kingdom of men , and the kingdome is his , and he will give it to whomsoever he will , therefore we admonish all in generall , that they would , with a unanimous voice and heart , intreat the lord , that he who electeth him to the kingdome , would himself give unto him the regiment of his holy discipline to govern his people . likewise honour is to be rendred to them by all men ; the apostle saying ; t honour the king : and in another place , whether it be to the king as supream , or to governours , as to those who are sent by him , for the punishment of malefactors , but to the praise of them that doe well . likewise the apostle , u let every soul be subject to the higher powers , for there is no power given but of god : and the powers that are are ordained of god. therefore who ever resisteth the power , resisteth the ordinance of god , and those , who resist , acquire damnation to themselves . let no man detract from the king : for solomon saith : x thou shalt not detract from the king in thy mouth , neither shalt thou curse the prince in thy heart , because the birds of the air shall carry the voyce , and that which hath wings shall tell the word . let no man dare to communicate in ( or conspire ) the kings death , because he is the lords anointed : and if any shall have adhered to such a wickednesse ( or treason ) if he be a bishop , or any of the priestly order , let him be thrust out of it , and cast out of the holy inheritance , as judas was ejected from his apostolicall degree : and every one , whosoever he be , who shall assent to such a sacriledge , shall perish in the eternall bond of an anathema , and being associated to jvdas the traitor shall be burnt in sempiternal burnings , as it is written : y not onely those who doe such things , but those also who consent to such who doe them , shall not escape the judgement of god. for the z two eunuches consenting to slay ahasuerus , were hanged on a gallowes . consider what a david said to the captaines , when the lord had said unto him , i will deliver saul into thy hands ; when he found him sleeping , and was exhorted by the souldiers to slay him ; let this sin be farre from me , that i should stretch forth my hand against the lords anointed . yea , he cut off the head of that souldier , who after his death came unto him , protesting that he had slain saul ; and it was reputed unto him for righteousnesse , and to his seed after him : and it is often proved among you by examples , that whoever have had a hand in b the murder of their kings , have ended their life in a short space , & utroque jure caruerunt , ( it should be corruerunt ) and have perished by both lawes ( civill and sacred . ) cap. 13. de judiciis justis ferendis . let great and rich men execute just judgements , neither let them accept the person of the rich , nor contemn the poor , nor swerve from the rectitude of judgement , or law , nor receive gifts against the innocent , but judge in righteousnesse and truth ; the prophet saying , judge justly yee sons of men : also elsewhere , c thou shalt not doe that which is unjust , nor judge unjustly : thou shalt not stand against the bloud of thy neighbour . likewise isaiah d seek judgement , releive the oppressed , judge the fatherlesse , defend the widow : then come and let us reason together , saith the lord. also elsewhere , vndoe every bond of iniquity , undoe the heavy burdens , let those who are oppressed goe free , and break every yoak . then shall thy light break forth as the morning , and thy health shall spring forth speedily . the lord saith in the gospel , e for with whatsoever judgement yee judge , you shall be judged , and whatsoever measure you meet , it shall be measured to you again . neither shall you take by force from any one that which is his own ; as it is said , f thou shalt not covet the thing which is thy neighbours . thou shalt not covet thy neighbours wife , nor his house , nor his oxe , nor his sheep , nor his field , nor any thing that is his . for the prophet threatneth , saying , g wo to you who joyn house to house , and lay field to field , till there be no place , that you may be placed alone in the midst of the earth . these things are in my eares , saith the lord of hosts . again the prophet crieth ; h deliver the poor and needy , rid them out of the hand of the wicked . remember what he deserveth , who shall offend one of these little ones : but whosoever shall receive one of these , receiveth christ , from whom he shall deserve to hear in the day of judgement ; i come yee blessed , inherit the kingdome prepared for you from the foundation of the world . cap. xiv . de cohibendis fraude , rapinis et tribvtis ecclesiae injvste impositis . let fra●d , violence and rapine be feared ; and no unjust or greater tributes imposed on the churches of god , then by the roman law and the ancient customes of former emperours and princes hath been used . he who desires to communicate with the holy roman church , and st. peter the chief of the apostles , let him study to keep himself free from this vice of violence . so concord and unanimity shall be every where between kings and bishops , ecclesiasticks and laicks , and all christian people : that there may be unity every where in the churches of god , and peace in one church concurring in one faith , hope and charity , holding the head which is christ , whose members ought to help one another , and to love one another with continuall charity , as he himself hath said . k by this shall all men know that ye are my disciples , if you shall love one another . these old established saxon lawes and canons backed with sacred scriptures , manifest the duty of our old saxon kings , and their officers towards their subjects , whom they could not injure , oppresse or tax in any kind against their ancient lawes , customes , priviledges ; as likewise what loyalty and obedience the people owed to their kings : which bounds when their kings exceeded in an exorbitant manner , you have seen how they proceeded with them ; and when the people exceeded them on the other hand against their loyalty and duties , they did not escape unpunished . take but one memorable general president in this kind , in the seditious , factious , rebellious saxons of the kingdom of northumberland , who were infamous for their insurrections and rebellions against , and expulsions and murders of their kings . l william malmesbury and m huntindow give us this abbreviation of their rebellions , treasons , regecides : osulf son of egbrick reigned one year , and was betrayed and slain by his subjects ; and made way for mollo , who reigning diligently for two yeares , was compelled to lay down his regality , and slain by alred : who succeeding him , reigned eight yeares , and then was chased out of his realm , and deposed by his people from the throne he had invaded : adelred son of mollo succeeding him , reigned three yeares , and then was driven out of his kingdome , and forced to fly from the face of his rebellious dukes and captaines . then celwold ( alias alfwold ) being cried up king , after ten yeares reign , mourned under the treachery of his subjects , being slain without fault by the treason of duke sigga : osred his nephew ( the next king ) reigned scarce one year , and then was chased by his subjects out of the realm , and afterwards slain . adelred son of mollo reigned again four yeares ( taking severe vengeance against those rebellious dukes and others who first expelled and deposed him ) and then was slain by his alwayes most wicked people , being unable to avoid the fate of his predecessors , ardulf his successor reigned twelve yeares , and then was chased out of his realm by his rebellious subjects : and oswold after him , holding the title of king onely for twenty eight dayes , was forced to save his life by flight unto the king of picts . after which the northumbrians preoccupated with the madnesse of their folly , continued divers yeares without a king. for n many natives and nobles , being offended with these rebellions and murders of their kings , fled out of their country , as fearing some heavy plague to befall it . alcuinus , that country-man ( then in france with charles the great ) being ready to return to his country with gifts to king offa from charles the emperor , thought best to continue where he was , writing thus to offa ; that he knew not what to doe amongst his country men , amongst whom no man could be secure , or doe any good in giving wholesome counsell to them , their holy places being wasted by pagans , their altars defiled with perjuries , terra sangvine dominorvm et principvm faedata , and their very land it self polluted with the bloud of their lords and princes ; and the raining of bloud then at york , in the lent time , where their religion first took its beginning in that nation , presaged that bloud should come from the northern parts upon that bloudy land and realm of northumberland , almost brought to desolation for its intestine dissentions , bloud-sheds and fallacious oathes ( which they violated to their soveraignes . ) the emperour charles himself , having prepared divers presents and letters to be sent by alcuinus and others to king offa , and king ethelred , and the bishops of their respective realmes , after his presents and letters delivered into the hands of the messengers ; hearing of the murther of king ethelred , and the treachery of this nation to their kings ( by messengers returning through scotland from king offa ) recalled all his presents and gifts , and was so farre incensed against that nation , which he called perfidious , and perverse , and murderers of their kings , estimating them worse than pagans , that unlesse alcuinus had interceded for them , he had presently substracted all the good he could from them , and have done them all the hurt that possibly he could devise . * malmesbury records , that after ethelred no man durst ascend to the kingdome , whiles every one feared ( in particular ) lest the chance of these foregoing kings should befall himself , and would rather live safe in inglorious idlenesse , then reign pendulus in doubtfull danger : seeing most of the kings of northumberland departed out of this life by the treachery and destruction by their subjects . whereupon they having no king for thirty three yeares , that province was exposed to the derision and prey of their next neighbours ; and the barbarous danes speedily in great numbers , invaded , spoiled and possessed it all that time , slew most of their nobility and people , till at last they were enforced to subject themselves to the power and pleasure of the west-saxon kings , to defend them from the danes , who infested , invaded , and miserably slew , wasted , destroyed these seditious , treacherous king-deposing , king-murdering northumberlanders o henry huntindon and mathew westminster record , that the year before the northumberlanders trayterously slew their king ethelred , there were fiery dragons seen flying through the air ; after which followed a very great famine , which destroyed many of them ; soon after the pagan nations from norwey and denmark invaded and miserably destroyed those of northumberland and lindesfa●ne , horribly destroying the churches of christ , with the inhabitants ; at which time duke sigga , who unworthily betrayed and slew his soveraign king alfwold of northumberland , worthily perished ; the whole nation being first almost quite consumed with civill warres , and by these pagan invaders , whose plague was farre more outragious and cruell than that of the romans , picts , scots , or saxons invasions and depredations in former ages ; they most frequently invading and assailing the land on every side , desiring not so much to obtain and rule over it , as to spoile and destroy it , with all things therein ; burning their houses , carrying away their goods , tossing their little children , and murthering them on the top of their pikes , ravishing their wives and daughters , then carrying them away captives , and putting all the men to the sword : which sad and frequent rumours from all parts , struck such terrour into the hearts of king and people , that their very hearts and hands failed , and languished , so that when they obtained any victory , they had no joy nor hope of safety by it , being presently encountred by new and greater swarmes of these pagan destroyers . the cause of which sore plague and judgement he together with p mathew westminster , thus expresse . in the primitive church of england religion most brightly shined ; but in processe of time all vertue so withered and decayed in them , vt gentem nvllam proditione et neqvitia parem esse permitterent , that they permitted no nation to be equall to them in treason and wickednesse ; which most of all appeares in the history of the ( forecited ) kings of northumberland ▪ for men of every order and office , dolo et proditione insistebant , addicted themselves to fraud and treason , in such sort as their impiety is formerly described in the acts of their kings . neither was any thing held disgraceful , but truth and justice , nec honor nisi , bella plvs . qvam civilia , et sangvinis innocencivm effvsio & causa dignissima caedis innocentia . nor any thing reputed honourable , but more than civill warres , and effusion of the bloud of innocents , and innocency , reputed a cause most worthy of death . therefore the lord almighty sent a most cruell nation like swarmes of bees , who spared neither age nor sex ; to wit , the danes , with the gothes , the norwegians , and the sweeds , the vandals , with the prisons , who from the beginning of king edelwolfe , to the coming of the normans under king william , wasted and made the fruitfull land desolate for 230. yeares , destroying it from sea to sea , and from man to beast . which sore and dreadful long continued judgement of god upon the land , for those crying sinnes now abounding amongst us , as much almost as amongst the northumberlanders and other saxons then , may cause us justly to fear the self same punishments , or the like , as they then incurred , and the britons before that under the bloudy usurper vortigenne , unlesse we seriously repent and speedily reform them . from these unparalleld prodigious treasons , insurrections , regicides , rebellions of these northumberlanders , i conceive that infamous proverb ( used by maximilian the emperor , and frequent in * forraigne and other writers ) first arose touching the english : that the king of england was , rex diabolorvm , a king of devils ( not of men or saints ) svbdicos enim reges ejicere trvcidare because the english ( especially the northumberlanders ) so oft rebelled against , expelled , deposed and murdered their kings , beyond the spaniards , french and other nations . which proverb the late extravagant proceedings of some jesuitized pretended english saints , have now again revived out of the ashes of oblivion . but i hope these sad recited old domestick presidents will hereafter instruct both kings , magistrates , parliaments and people , to keep within those due bounds of justice , righteousnesse , law , equity , loyalty , piety , conscience , prudence and christian moderation , which the lawes of god and the land prescribe to both , and the council of calchuth , forecited long since prefixed them . that the ancient english saxon kings at and from their primitive establishment in this realm , had no power nor prerogative in them to impose any publike taxes , imposts , tributes , or payments whatsoever on their people without their common consents and grants in their great councils of the realm , for any spiritual or temporal use , i shall evidence by the four first general publick taxes that i meet with in the histories of their times , which i shall recite in order according to their antiquity , though i shall therein somewhat swarve from my former chronological method , in reciting some subsequent lawes and confirmations relating to every of them , for brevity sake , out of their due order of time , and coupling them with the original lawes for , and grants of these general charges and taxes , to which they have relation , and then pursue my former method . henry huntindon , in the prologue to his fifth book of histories p. 347. writes thus of those saxons , who first seised upon britain by the sword. saxones autem pro viribus paulatim terram ( britanniae ) bello capiscentes , captam obtinebant ; obtentam , adificabant , adificatam legibvs regebant : not by arbitrary regal power without or against all law. the first taxes and impositions ever laid under the saxon kings government , after they turned christians , upon the people of england , were for the maintenance of religion , learning , ministers , schollers , ( long before we read of any taxes imposed on them for the publick defence of the nation by land or sea ) all and every of which were granted , imposed onely by common consent in their great councils ( before the name of parliament was used in this island , which being a french word came in after the normans , about henry the third his reign ) without which councils grant they could neither be justly charged , nor levied on all or any free-men of this island , by any civill or legall right , by those to whom they were granted , and thereupon grew due by law. 1. the first general tax or imposition laid on and paid by the saxon subjects of this land appearing in our histories , was that of caericsceatae ( id est censvs ecclesiae ) in plain english , churchets , or church-fees ; in nature of first-fruits and tythes . the first law whereby these churchets , church-fees , or first-fruits were imposed on the people , and setled as an annuall duty on the ministers ( paid onely before that time as voluntary free-will offrings to the ministers of the gospel by devout and liberal christians ) was enacted by q ive , king of the west saxons , in a great councill held under him anno dom. 692. wherein , by the exhortation , advice and assent of cenred , his father , heddes and erkenwold , his bishops , and of all the aldermen , elders and wise-men of his realm , and a great congregation of the servants of god , he established this law ( among sundry others ) which none might abolish . cap. 4. de censu ecclesiae : cericsccata ( i.e. vectigal , or census ecclesiae ) reddita sint in festo sancti ma●●tini : si quis hoc non compleat , reus sit ix . sol : & du● decuplareddat ipsum cericsceatum . so one coppy renders it out of the saxon : another thus , cyricsceata : ( idest primitiae seminvm ) ad celebre divi matini festum redduntor : qui tum non solverit , qua raginta solidis mulctator , & ipsas praeterea primitias duodecies persolvito . after which there is this second law subjoyned , cap 62 de cyricsceatis . primitias seminum quisque ex eo dato domicilio , in quo ipse natali die domini c●mmoratur . these duties were afterwards enjoyned to be paid by the * lawes of king adelstan anno 928. c. 2. volo ut cyricsc●atha reddantur ad illum locum cuirecte pertinent , &c. by the lawes of king edmund made anno 944. in a great synod at london , as well of ecclesiastical as secular persons summoned thither by the king , c. 2. decimas praecepimus omni christiano super christianitatem suam dare & emendent cyricsceattam , id est ecclesiae censum . si quis hoc dare noluerit , excommunicatus : sit . by the lawes of king edgar anno 965. c. 2 , 3. r and the lawes of king aethelred ; made by him and his wise-men apud habam , about the year of christ 1012. cap. 4. de consvetvdinibvs sanctae dei ecclesiae reddendis . praecipimus , ut omnis homo super dilectionem dei & omnium sanctorum det cyrisceattam , et rectam decimam svam , sicut in diebvs antecessorvm nostrorvm fecit , quando melius fecit : hoc est , sicut aratrum peragrabit decimam acram : & omnis consuetudo reddatur super amicitiam dei , ad matrem ecclesiam cui adjacet , et nemo avferat deo qvod ad devm pertinet , et praedecessores concesservnt . * by which laws it seemes , that these cyricsceata , or church-fees , were of the same nature with tythes , ( if not tythes in truth ) and the tenth acre , or tenth part of all their corn and arable lands increase ( tithes both in the s fathers , councils , writers of this and some former ages , being usually stiled , first-fruits ) though most esteem them duties different from tythes . which duty the people being backwards ( as it seems ) to pay , king kn●te by the advise and consent of his wise-men in a great council anno 1032. quickned the payment of them by this additionall law , increasing the first penalty by a superadded fine to the king. * cyricsceata ( which the latine translation renders , seminum primiciae ) ad festum divi matini penduntor : si quis dare distulerit , eas episcopo undecies praestato , ac regi ducenos & viginti solidos persolvito . et dat omnis cyricsceot ad matrem ecclestam per omnes liberas domus . i find by the surveyes and records of our late bishops revenues ; that these churchets of later times were certain small portions of corn , hens , eggs , and other provisions paid by each house or tenement ( according to the several values of them ) for the maintenance and provisions of the ministers ; which were constantly rendred to our bishops by their tenants under the name of cyricsceata or churchets , * in divers mannors , till they were lately voted down . this was the first kind of publick tax imposed on the people for the maintenance of the ministry : and that onely by common grant and consent in common councils of that age ; as were their t annuall tributes for lights , parish almes , and their soul-shot or mortuaries at every mans decease , first granted by common consent in parliamentary councils , which i shall but name . 2. the second principle annuall charge or tribute imposed on and paid by the people under the saxon kings , was tythes of the annuall increase of their lands and goods , for the maintenance of gods worship , ministers and religion ; which though due by gods law and a divine right to ministers ( as the first law made for their due and true payment recites , and i have lately proved at large in my gospel-plea , &c. ) yet they could not be legally imposed , nor exacted from the people by the ministers in foro humano , without publick consent and grant . whereupon in the * generall councill of calchuth ( held in the year of our lord 787 ) cap. 17. vt decimae solvantur ; this law was made . in paying tithes , as it is written in the law ( of god ) thou shalt bring the tenth part of all thy corn and first fruits into the house of the lord thy god , &c. wherefore likewise we command with an obtestation , that all men be carefull to render tithes of all things they possesse , because it is the peculiar portion of the lord god , &c. which law being read in that publick council by gregory bishop of ostia , before king alfwoldus , arch-bishop eanbald , and all the bishops , abbots , senators , dukes and people of the land : they all assented to it , and with all devotion of mind , * according to the uttermost of their power , bound themselves by vow , that by gods supernall assistance they would observe it in all things ; ratifying it with the sign of the crosse and subscription of their names thereto , according to the custome of that age . after which it was read before king offa in the councill of the mer●ians and his senators , jambertus arch-bishop of canterbury , and the rest of the bishops of the realm , with a loud voyce , both in the latine and germane tongue , that all might understand it : who all with a unanimous voyce and chearful mind assented to it , & promised that they would ( by gods grace assisting them ) with a most ready will , to the best of their power , observe this ( and the rest of the statutes there made ) in all things . and then ratified them with the sign of the crosse and subscription of their names thereto . it seemes very probable by this clause in the lawes of u edward the confessor ( confirmed by william the conquerour ) cap. 9. of payment of tithes of cattel , bees and other things ; ha●c enim beatus ▪ augustinus praedicavit , & docuit : et haec concessa svnt a rege , et baronibvs , et popvlo , that upon the preaching of augustine , ( first arch-bishop of canterbury ) ethelbert king of kent , with his barons and people ( assembled in a great parliamentary council ) after their conversion by him to the christian faith , granted tithes of all things to him and their ministers by a speciall act or law ; ( which if true ) must be about the year of our lord 603. at least one hundred and eighty years before the council of calchuth . but because i find no such speciall law of his extant in any author ; and this passage may be intended of augustine bishop of hippo ( flourishing about the year of christ 410. ) who hath sever all homiles concerning the due payment of tithes ; as hom. 48. inter sermones , 59. sermo de tempore 219 ad fratres in eremo . sermo 64. and in psal . 146. and because this clause may be as well intended of king alfwold , or king offa , and his barons and people in the council of calchuth , as of king ethelbert and his barons and people ; i have therefore begun with their law for tithes , being extant , certain ; whereas the other is but conjecturall : yet made by common grant and assent of the king , and his barons , and people , if there were any such . after this councill of calchuth , i find very many lawes confirming , continuing , establishing in all successions of ages , till this day , this charge and payment of tythes ( all made by common consent in generall councils or parliaments , both before and since the conquest , which because they are all extant in john bromptons chronicle , printed at london , 1652. mr. lambards archaion , sir henry spelmans councils , rastals abridgement of statutes , and accurately collected in a chronological order , by mr. selden in his history of tythes ch . 8. where all may peruse them , i shall wholly pretermit them here , and referre the reader to these authors : all which lawes are clear evidences of the first propositions verity . the third general ancient saxon tax and charge occurring in our histories , imposed on the people , was that of x rome-scot , or peter pence ; to wit one penny out of every house each year , paid on the feast of st. peter ad vincula ; for and towards the maintenance of the english school and schollars at r●me : from the payment whereof all the lands belonging to the abby of st. al●anes were exempted by king offa , by whom this tax or almes was first granted , for the maintenance of the english schollars at rome , and that by the unanimous antecedent and subsequent consent , of arch-bishop humbert and his suffragans , et primatibvis svs vniversis , and of all his nobles or chief men , assembled in a provincial council at verolam , in the year of our lord 793. this school ( as malmesbury de gestis regum angliae l. 2 c. 1. and balaeus cent. 1. c. 15. record ) was first founded by king offa before his going to rome , which sir henry spelman proves out of brompton and others : but it appeares by y mathew westminster , that this school was there first built and endowed with peter-pence by king ive 66. yeares before king off●aes grant and endowment . for he writes ; that king ive going to rome anno 727. built a house in that city , by the consent and will of pope gregory , which he caused to be called , the school of the english : to which the kings of england , and the royall stock , with the bishops , elders and clergy-men might come to be instructed in the catholick doctrine and faith , and so , being stedfastly confirmed in the faith , might return home again . for the doctrine and schooles of the english , from the time of st. augustine , were interdicted by the roman bishops , by reason of the daily herisies which had sprung up by the coming of the english into britain , whiles the pagans intermixed with the christians , corrupted both the grace of holy conversation , and the christian faith. he likewise built a church , dedicated to the honour of the virgin mary , near to this school , where the english coming to rome , might celebrate divine mysteries , and be likewise buried if they died there . then he addes , et haec omnia vt perpetvae firmitatis robvr obtinerent , statvtvm est generali decreto ( made in general council of the realm ) per totvm regnvm occidentalivm saxonum , in quo praedictus ina regnabat , ut singulis annis de singulis familiis denarius unus qui anglice , rome-scot appellatur , beato petro , & ecclesiae romanae mitteretur , vt angli ibidem commorantes vitale svbsidivm inde haberent . which grant , offa king of mercians first inlarged and granted in his kingdome ( distinct from that of ive ) 66. yeares after this , as aforesaid . this annuall contribution towards this schooles maintenance , was afterwards confirmed , and the due payment thereof prescribed , under penalties by the z successive lawes of king edgar , king ethelred , canutus , edward the confessor , and william the conquerour , made in successive great councils held in their times , by and with the advice and assent of their arch-bishops , bishops , wisemen , nobles and senators . in the years of our lord 967 , 1009 , 1012 , 1032 , 1060. ( or thereabouts ) and 1070. by vertue of which lawes this tax was duly paid every year in all succeeding ages , till it was finally abolished and taken away by name , by the statute of 25. h. 8. c. 21. being perverted from its primitive intended use , and made a constant revenue by and for the popes themselves , against the donors mindes , and their successors , who so long continued it for the foresaid uses , of the english schoolings . these three most ancient taxes and charges , originally granted , imposed , and afterwards continued onely by common grant and consent of the king , nobles , people in generall councils and parliaments , are a most pregnant proof of the first proposition , and of the peoples most ancient originall fundamentall right of property in their goods and estates , exempt from all impositions and tallages whatsoever , but onely by their free grants and consents in parliament . for if our ancientest christian saxon kings and greatest monarchs could not by their prerogatives or absolute power alone , but onely with and by the free and common consent and grant of their nobles , wise-men , prelates and people in the great parliamentary councils of their realmes , impose the payment of first fruits and tithes upon their subjects , * though due by the very law of god , towards the maintenance of gods worship and ministers , for the publick good , instruction , salvation of all their soules : nor yet the payment of peter-pence , for the maintenance of learning and schollars , to supply the ministry , and furnish the realm with able learned men , for the common benefit both of church and state , being things of greatest concernment for the peoples , kingdomes happinesse , government and prosperity : much lesse then could they lay on them any other tax , tribute , aid or assessement whatsoever , of lesse necessity and concernment , for any inferior uses , or for defence of the realm by land or sea against enemies or rovers , by their own absolute authority , but onely by and with their voluntary grants and consents in generall parliamentary councils of the realm , as every rationall man must acknowledge . the fourth publick tax or imposition on the people in point of time , is that of danegeld ( the first civill tax we everread of ) whereof there was two sorts . the first , paid to the danes themselves by way of composition , as to a prevailing conquering enemies , to prevent their plunders , rapines , incursions . the second , paid for the maintenance of valient souldiers and mariners , * to defend the sea coasts and seas against the invasions , piracies of the danes and other enemies . the first payment i find of any monies to the danes by way of composition , was in the year of our lord 871. when bernredus king of mercians compounding friendly with them , pecuniis inducias impetravit , obtained a truce with them for money , as mathew westminster records : after this anno 873. merciarum gentes , dato munere , appeased those pagans with a gift . what the sum of money or gift was , is not expressed , nor how it was raised : nor yet upon whom : but the words imply , that it was done by common consent of the nobles in a generall council , for their common preservation from plunder ( not imposed or raised by the kings prerogative without their free consents in a general council or parliamentary assembly , for so it was assessed and levied in succeeding times . b anno dom. 983. the danes infesting all the parts of the realm , and the people not knowing where or how to resist them ; decretvm est a viris prvdentibvs ▪ it was decreed by the wise-men , ( no doubt in a generall councill assembled for that end , not by the kings absolute authority ) that they should be overcome with money , who could not be vanquished with the sword. wherefore they satisfied the covetousnesse of the danes with the payment of ten thousand pounds . anno 991. a tribute of 10000 l. was given them by the advice of siricivs , duke ethelward and other nobles of the realm , that they should cease their frequent rapines , burnings and slaughters of men which they used about the sea coasts . anno 994. king aethelred consilio procervm svorvm , by the counsell of his nobles ( no doubt in a parliamentary assembly ) gave them a pension of 16000 l. collected of all england , that they should cease from the rapines and slaughters of innocent men : and anno 1002. the same king habito concilio cvm regni svi primatibvs , utile duxit , a danis dextras accipere , &c. and consilio primatvm svorvm , by the counsell of his nobles ( or chief men ) gave them 24000 l. and anno 1007. consilio primatvm svorvm , by the counsel of his nobles . he gave them 30000 l. gathered out of all england , that they should desist from rapines , and hold a firm peace with him . anno 1012. duke edric and all the nobles of england of both orders ( to wit , the lords spirituall and temporall ) were assembled together at london before easter ( no doubt in a great council ) and continued there so long till the tribute promised to the danes should be paid , which was 48000 l. all which is recorded in these expresse termes by mathew westminster , florentius wigorniensis and simeon dunelmensis in their chronicles and histories of these respective years ; and by polychronicon , fabian , holinshed , grafton , speed and other late historians out of them . so as this tax or tribute paid to the danes , was undoubtedly imposed and levied by common consent in the parliamentary councils of those times , not by the kings own power and prerogative alone . true it is , king suanus the dane having conquered most of the land , exacted it from the people , and levied it perforce against their wills , for the payment of his souldiers : but the inhabitants of st. edmonds-bury refused to pay it : whereupon he threatned by force to spoile and destroy the town ; but in the midst of his jollity and nobles , he suddainly cryed out , that he was struck through by st. edmond with a sword , or speare , no man seeing the hand that smote him : and so with great horrour and torment died three dayes after at the●ford : as hoveden annal. pars prior : simeon dunelmensis de gestis regum angliae . anno 1014. col . 170. math. westminster anno 1014 p. 394. ranulsus de diceto , abbreviationes chronicorum col . 465. johann . brompton chron. col . 892. fabian part 6. c. 200 polychronicon l. 6. c 16. speed in his history l. 7 p. 420. with others relate . a memorable punishment for this his illegal exaction and oppression . as for the tax of danegeld imposed on the people , ( to wit ) 12 d. as some , * or 2 s , as others , to be annually paid out of every hyde or plowland throughout the realm , ( except the lands of the church , and some others exempted from it by special charters ) it was imposed by authority and acts of generall councils onely , ( not by royall prerogative ) for defence of the kingdome by land and sea against the danes , and other enemies and pirates , as is evident by the lawes of king edward the confessor cap. 12. the black book of the eschequer l. 1. c. 11. sir henry spelman and william sonmer their respective glossarium : tit. danegeld ▪ p ; 200 , 201. mr. ●elden his mar● cla●sum l ▪ 2 as i have irrefragably proved at large in my humble remonstrance against the illegal tax of ship-mony p , 19. to 25 , to which i refer you for fuller satisfaction . anno 1051 : this unsupportable tax of dane●el● was ●●leased for ever to the people of england by king edward the confessor , 〈…〉 towards his oppressed people , to wit , in the 38. year from the time that suanus king of the danes commanded it to be yearly paid to his army , in the reign of king ethelbert , father to this king edward : which abbot ingulph in his history p : 897. iohn brompton in his chronicle col . 938 , 9●3 . simeon dun●lmensis de gest . reg : angl : col : 184. ailredus abbas rievalus de vita & miraculis edwardi confess col : 383. radulfus de diceto abbrev. chron : col : 475 henry de knyghton de eventibus angl l , 1 c. 9. col : 2331. mr : selden in his marc clausum l , 2 sir henry spelman in his g●ossary , title d●●eg●ld , and others thus relate in ingulphus words . tributum gravissimum quod danegeld dicebatur , omni angliae in perpetuum relaxavit ; & de tam fera exactione ne iota unvm volvit retinere : re●oring to the people all the mony then collected and brought into his bed-chamber by his officers , and there laid in heaps ; upon which this most holy king ( as some of these record ) saw a devil dancing and triumphing with over much ioy : and calling it , his mony , quia injuste adquisita est de substantia pauperum ; because it was * unjustly gotten out of the substance of the poor subjects . ( though by coulour of former grants by common consent in parliamentary councils ) upon which occasion this good king forthwith rest● red all that was collected , and perpetually released for the future this great and heavy tribute ( which had continued near fourty years ) to the english-men for ever , so that after that day it was no more gathered ; as roger hovedon annal : pars prior . p , 447. hygden in his polychron : l , 6. c , 24. capgrave , surius , ribadenicra , holinshed in the life of edward the confessor●math ▪ westm : simeon dun●lm●nsis , and florent . wigorniensis an : 1051. grafton in his chronicle p. 180. speed in his history of great britain l , 8. c , 6 sect 7 , p , 419. fabian in his chron : part 6. c , 210 p , 282 , with the other forementioned authors joyntly attest . by these four first generall taxes and publick charges thus imposed on the ancient saxons and english , onely by common grant and consent in the great parliamentary generall councils of the realm , both for the maintetenance of gods worship , ministers , religion , learning and defence of the realm against forraign enemies and invasions , the truth of the first fundamentall proposition in the precedent chapter , is abundantly confirmed , during all our saxons kings reignes ; which i shall confirm in subsequent sections , by presidents in all succeeding ages to this present : who never granted any subsidies , aids , taxes , but by full consent in parliament , and that in smal proportions ( one * subsidy , or escuage , or fifteen , or tenth at most , and no more , not endlesse monthly taxes , much lesse excises coupled with them , as now , and many times refused to grant any aid or tax at all , as i shall prove at large in henry the third his raign ) and then not before all their greivances first redressed and the great charter , and their violated liberties first confirmed by new grants , oathes , acts , charters , excommunications , not so much as thought upon now , after such unparalleld violations and subversions of them , which all our late endl●ss● aegyptian tax-masters of several kinds , even out of parliaments , by their own usurped authority , without the oppressed peoples grants or consents in any ●e●ll english parliaments , may doe well to consider ; and withall to peruse that notable discourse of gulielmus peraldus , bishop of lions , de virtutibus & vitiis . tom. 2. de avaritia cap. 3. de injvstis talliis f. 4● , 45 where he largely demonstrates * the greatness and odiousness of the sin of laying and levying unjust illegal taxes on the people ; proving , that besides the sin of rapine , there is peccatvm proditionis the sin of treas●n in it ; to other with the sin of ingratitude , and contempt of god and angels . and withal resolves ; that if rul●●● , souldiers shall impose or levy any unjust taxes upon the people , or exact more from ●hem 〈…〉 just wages , contrary to the gospel precept , luc. 3. 14. 〈◊〉 proditores , they are traytors : spoliant enim filios de. 〈◊〉 fidei 〈◊〉 commendatos ; for they spoil the people of god committed to their good f●●●● and tuition , and use them no otherwise than if they were enemies : and who knowes not that it is the crime of treason , cum amicis inimicitias exercere ; to exercise acts of enmity towards their freinds ? and like the devi● himself to render affliction and punishments to those , instead of protection and ●●●●ibution , who serve and pay them best . quibus ▪ dici potest quod secundum 〈◊〉 dominatio eorvm diabolica est : as he there d●●ermines , to rectifie the mistakes of those , who now think this kind of new tax imposing government , not diabolical , but angelical or saint-like . i now return to my former chr●nolog●cal method and collections , during all the reignes of our saxon and danish kings , which i shall prosecute in the nex● section , till the english supplantation by the normans ; of which john brompton of●●rual ●●rual gives this reason ( by way of divine ret●●i●tion ) which i desire all sword-men and othe●s , who ●epute conquest , and th● longest sword , a just and saint-like title to other men● lands , poss●ssions , and all temporiz●ng divines ( who like augustine the fi●st a●ch bishop of canterbury , who converted the english to christianity qui praetextv fidei gen●em advenam in alie●● confir●avit imperio ut svam et romana● jurisdictionem dilataret , instead ●f preaching , of pressing the doctrine of restitution to them , for which he is justly taxed by laeland & * math. parker , as being longe , dissimilis pa●●a●●o tunc scotorum apostolo , qui constantinum eorum regem ( test . polydoto ) multis precibus hortatus est , ne gentem saxo●um impiam contra britannos christianos ivvaret ) seriously to ruminate upon * hoc autem dei nutu factum esse constaet , ut ●●…lum contra improbos anglos postea iusto dei iudicio tempore disposito adveniret . nam sicvt angli quos deus , sceleribus suis exigentibus , disterminare proposuerat , britones peccatis suis exigentibus , humiliaverant , & a terra angliae minus iuste fvgaverant ; sic i●●i duplici persecutione , prim● dac●rum saevienti●● , postea normannorvm superuenientium fortitudine gentibvs extraneis subderentvr , quod in sequentibus appareb●● . finis . notes, typically marginal, from the original text notes for div a91269-e770 this epistle should have been printed before the first part ; but was omitted through hast . a see the several epistles of frederick the ● emperor against pope gregory the 9 , and innocent the 4 recorded by matt. paris , p. 33● . fol. 690. sparsim . b see extrav . de ma●oritate & obedientia : augustinus triumphus , bellarminus , becanus , and others , de monarchia romani pontificis . * henricus de knighton , de eventibus angliae , l. 2. c. 14 , 15. c see maffaeus v●gius & petrus ribadeniera in vita ignatii loyolae . heylius microcosme , p. 179. d see lewis . owen his jesuites looking-glass , printed london 1629. the epistle to the reader , and p. 48 to 58. jubilaeum , sive speculum jesuiticum , printed 1644. p. 207 to 213. * and are there not some thousands of them here in england under several disguises ? e mercure jesuite , tom . 1. p. 67. speculum jesuiticum . p. 156. f see lewis owen his running register , & his jesuited looking glass . the anatomy of the english nunnery at lisbone . g de monarchia hispanica , p. 146 , 147 , 148 , 149 , 204 , 234 , 235 , 236 , 185 , 186. h see thomas campanella de monarchia hispaniae . wa●sons quodlibets , cottoni posthuma , p. 91. to 107. cardinal de ossets letters . arcana imperii hispanici delph . 1628. advice a tous les estat's de europe , touches les maximes fundamentales de government & disseiendes espaginols paris , 1625. i see my speech in parliament , p. 107. to 119. and the history of independency . k exact collection , p. 651 , 652 , 662 , 666 , 813 , 814 , 816 , 826 , 827 , 832 , 902 , 904 , to 920. a collection of ordinances , p. 267 , 313 , 354 , 424. l see putney projects , the histo●y of independency , and armies declarations , papers , proposals . * p. 1180 , to 1184. and continuation , p. 26 , to 60. * now out of date . m quando eorum malitia hoc exigit & reipub. vel ecclesiae necessitas sic requiri● speculum jesuiticum , p. 168 , 169 , 170. mercure jesuite , part 1. p. 884 , 885. n see their remonstrance from st. albons 16 nov. 1648. and other papers since . * see watsons quodlibets , p. 295 , &c. o hist . gallica & belgica l. 1. p. 126. speculum jesuiticum . p. 46. p see speculum jesuiticum and the general history of france in h. 3. q speculum jesuiticum . p. 75. r see the general history of france in the life of hen. 4. and lewis 13. speculum jesuiticum , p. 77 , 80 , 126 , 235. * speculum jesuit . p. 102. to 135. * see the general history of france in hen. 4. & lewis 13. ſ see grimstons history of the netherlands p. 764. thuanus l 79. p. 186. speculum jesuiticum p 60 , 6● . t speculum jesuiticum p. 127. v see speed and cambden in her life . bishop carletons thankful remembrance of gods mercy london 1624. x h●spinian hist . jesuitica , speeds history p. 1181. cambden , stow , holinshed in the life of queen elizabeth . speculum jesuiticum , p. 73 * see watsons quodlibets . y see speeds hist . p. 1240. 1242 , 1243. john stow , and how. 1 jacobi . z cook 3 institutes , p. 7. and calvins case 7. report f. 10 , 11. 1 jac. c. 1. * see fox , holinshed , speed , 1 mariae . a see 3 jac. c. 1 , 2 , 4 , 6. speeds history , p. 1250 , to 1256. the arraignment of trayto●s , with others . prayers for the 5 of november . b speeds hist . p. 1242. the arraignment of traytors , and m. john vicars history of the gunpowder treason . c see my epistles to jus patronatus , and speech in parliament . * jer. 5. 31. d romes master-piece , p. 8 18 , 19. * romes master-piece , p , 8. to 22. e the victory of truth , anno 1653. f page 5 , 7 , 8 , 18 , 33 , 39 , &c. g see my speech in parliament , and memento . the epistle to my jus patronatus , and tho. campanella de monarchia hisp . c. 25. * see the declaration of the secured and secluded members , the london●ministers and others , representation to the general , and the second part of the history of independency . h jubilaeum , sive specutum jesuiticum epigramma . i hasenmullerus hist . jesuit . c. 1. speculum jesuiticum , p. 61. k exact collection , p. 12. to 20 , 97 98 , 106 , 108 , 207 , 461 , to 465. 491 , 492 , 498 , 508 , 574 , 616 , 631 , to 638 660 , to 670. 812 , to 828 , 832 , 834 , 849 890 , to 918 , 651 , 652 , 653. l exact collection , p. 3 , 4 , 461 , 462 , 491 , 49● , 497 , 498 , 617 , 631. m see the new government of the commonwealth of england , ar. 25 , 26 , 32 , 33 , 34 , 41. n exact collection , p. 3 , 4 , &c. o quere whethe high court of justice , had not it's title from hence ? * see w. watsons dialogue between a secular priest and lay gentleman : printed at rhemes , 1601. p. 96. p and is not this the chief reason of their late endeavoured alterations ? nota. q and was not this the very principal engin lately used to alter the government , cut off the king , and div●●● his posterity of their 3 kingdoms , witn●ss the armies printed declarations , and the junsto●s vo●es in ●u●suance of them , jan. 3. 1648. see mene tekel perez by john rogers . * this he hath since this epistle penned , affirmed in a printed speech before a greater assembly , sep. 4. 1654. p. 16 , 17. r as amongst other , eleaza● , and joseph bar. isaiah , 2 cheating impostors and villains , who have cheated good people of some thousands of pounds . the 1 of them would have forcibly ravished a maid in march last , and fled away in the night to avoid apprehension , from dursly in glocestershire . he confessed in his drink , he was a souldier in prince ruperts army . nota. * 1 eliz. c. 1. 5 eliz. c. 1. 3 jac. c. 1 , 2 , 3 , 5. 7 jac. c. 6. * t. p. the new fa●x is first . ſ and since this in a printed speech , sept. 4. 1654. * hath not the army done this in our 3 nations ? t the monarc●y of england hath been , 1. in the britons . 2. in the saxons . 3. in the dan●s . 4. in the normans royal line , and now the 5 must be elective in others . v de monarchia hisp . c. 25. see the epistle to my jus pa●●●●●tus . x a●t . 1 , 2 , 12 , 25 , 32 ▪ 33 ▪ 41 , 42. * luke 17 21. rom 14. 17. 2 pet. 1. 11. col. 1. 13. heb. 12. 28. rev. 12. 10. y a true state , &c. p. 13. z see thomas campanella , de monarch . hisp . c. 23 , 25 , 27. a see their almanacks in january , february , september , october , december , 1654 b see sixtus ab hemminga . astrologiae refutatae jo. francus officius de diu . astrorum faculitate , in larvatam astrologiam . corn. s●epp●●us contra astrolog●s . alexander de angelis in astrologos , hie●om savanorola adve●sus divinatric●m astrono●iam : & apologeticus pro tractatu ejus adversus astrologos , 1581. picus mirandula contra ast●ol . pu thas pilgrimage , p. 12 , 13 , 64. mr. gatakers vindication of his annotations on jer. 102. london , 1653. sixtus senensis bibl. sanct. p. 56 , 331 , 424 , to 429. c quodlibet 5. a●●●● . 4. p. 144. d quodlibet 6. art. 4 p. 169. see p. 27 , 28. e quodlibet ● . artic. 1. p. 26 , 27. nota. a de monarchia hispanicia c. 25. p 204 , &c. b de monarchia hispan . c. 25. c see watsons quodtibets , p. 286 , to 332. a dialogue between a secular priest and lay gentleman , printed at rhems , ●601 . p. 93 , 94 , 95. conte de galeazzo gualdo 〈◊〉 , hist . part 3. veneti●s 1648. p , 175 , 176. e quodlib . 3 ar 4. p 65 , 41. * nota. f quodlibets p. 39 , 209 , 233 , 234 , 305 , 306 , 307 , 309 , g quodlibets p 11 , 12 , 14 , 16 , 17 , 42 , 45 , 50 , 283 , 285 , &c. 332 , 333. a d●alogue 〈◊〉 a secular priest and a l●y gentlem●n . anno 1601. h quo●libets p. 〈◊〉 ●o 313 , ●8 , ●86 , 287. 〈…〉 1617. see j. ● . his treatise of the right and 〈…〉 prelate and prince , print●ed 1616. and reprinted 1621 , by 〈◊〉 jesuites . i quodlibets , p. 26. k quo●libets , p. 62 , 69 , and elsewhere . l quod 〈◊〉 p 43. 61. 62. 64. 16. f iosh . 9 , 19. ●0 & psal . 89. 34. psal . 154. heb 6. 17 , 18. g when our saviour himself was a prehended , c●rrie● away priso●e ▪ , and like to bee crucified , all his d●sc●ples so ●ook him & fled , and pe●e denyed h●m with in oath , m●t. 26. 56. 70 to 75. and at pauls first appearance before 〈◊〉 no man stood with him , but all me● forsook him , i pray god it be not laid to their charg ; 2 tim. 4. 9. 16. and so i● is now with most p●blike s●fferers . * exac . collec . p. 492 , 497. 494 h exac . 〈◊〉 p. 650. 659 660 * nota. i see h● 〈…〉 : old and new declarations ●gainst the parliament & member . their t 〈…〉 e state of the commonw●alth &c. w 〈…〉 h , 〈…〉 is but a direct ar 〈…〉 g●n out of themselves under t●e name of oth●r . k exac . collec . p. 1652. 654. 655 , &c. l s●e ●heir decl●r●ti●●s in may , iune , iuly . aug. 1647. in novemb. decem. ian. 1648. ian : 1652 & 1653. and 〈…〉 of the ca●e of the common-wealth of england , &c. p. 4 c. 35. anno 1654. with som othe● pa●ers and speeche , since . m exac . collec . p. 3. 4 , to 16. n exac . collec p. 3. 4. to 16. 651 , 952. 653. o 〈◊〉 one member sister . all the members suffer with it . 1 cor. 12. 26. p see kooks 4 insti● . ch : 1. p. 15. 1● , 17. 23. 24 25. & 〈…〉 for the lord. q n●r yet aga●●st my self and other secured 〈◊〉 & long in prisoned members . * and are they not so now , almost past hopes of any future replanting . * modus tenendi parliamentum . cook 4. 〈◊〉 c. 1. * exact collection p. 550. 595. 321 , 322 , 364. 618. 894. 895. 919. 920. a collection of ordinances p. 28. 39. 116 , 117 * let those who who took it , remember their violations of it and repent . see exact collect . p. 497 , 498 * was this verified by many of these remonstrants ? * exact collect. p. 262. 282. 284. to 289. 297 , 298 , 490. 424. 500 , 502 , 404 , 514 , 517 , 521 , 522 , 526 , 528 , 530 , 531. 534. 550 , 551. 554 , 558 , 56● , 564 , 574. a collection p. 117. 452 , 453. * exact collect. p. 688 , 689. 696 , 697. * so stiled exact coll. p. 4. 12 , 34 61 243. 262 121 , 500 , ●02 . besides the authorities in the 1. chapter . * exact collect. p. 617 , 631 , 730. * exact coll. p. 686 , to 730. * exact . coll. p. 729. * see their impeachment of the xi . members , and the humble answer of the general councel and officers of the army , &c. jan. 3. 1648. * have they not lately done so since this was penned , as well as heretofore ? * epistola ad solitariam vitam agentes . sr. christopher sybthorpe his reply to an answer made by a popish adversary dublin 1625. p. 27 , 28 29. * see the declaration of the lords and commons june 6 1642. concerning this statute . * exact collect. p. 34. ●6 . 66 , 67 , 98 , 76 , 77 , 198 , 200 , 201 , 202 , 246 , 695 , 723. 729. * exact coll. p. 118 , 195 , 207. to 237. 248 , 273 , 293 , 523 , 524 , 525 , 617 , 631 , 660 , 695. * exact coll. in the pages quoted before . * article 10 , 12 , 21 , 22 , 24 , 27 , 30. 32 , 36 , 37 , 38 , 39. * exact collect. p. 696. * how much it hath been dishonoured by the contrary , let the army officers read at leasure in militiere his victory of truth ▪ nota. * nota. * who in their letters of july 1. 1647. propositions of aug. 2. and other of their declarations , professed to all the world , that it was fully agreeable to all their principles , and should be their desires and endeavours to maintain monarchy the priviledge and freedome of the parliament ; and the rights of his majesty and royall family , that so a lasting peace and agreement might be settled in this nation , &c. which otherwises must not be hoped for nor expected : let them now consider it ? s psal . 37. 7. psal . 73. 3 , &c. eccles . 8. 11 , 12. t ezek. 22. ●● . v see 2 king. 10. 1 , to 12. x deut. 32. 17. 1 cor. 10. 20. rev. 9. 20. ephes . 2. 2. y plutarch , arrianus , qu●ntus curtius , suetonius , grimston , in the 〈◊〉 of alexander , and julius caesar . balaeus , his lives of the popes . mon●y ' s mystery of iniquity . z 2 king. 18. 33 , 34 , 35. c. 19. 17 , 18 , 19. isa . 10. 7 , to 16. a rev. 13. 11 , to 18. c. 16. 13 , 14. c. 19. 20. 1 king. 22. 6. to 24. b ephes . 2. 2. c 〈◊〉 , plutarch , su●onius , grimston , and othe●s in his life . jacobus usse●iue annabum pars posterior , p. 366 , 367. * see 〈…〉 a● . 655. * see the turkish history in his life . * see huntingdon , mat. ●est . an 655. grafton , speed , holinshed , fabian brompton , in the life of penda . d judg. 1 , 2 , 〈◊〉 8. e s●e joel 3. 6 , 7. m●t. 26. 52. and sir wal. rawleighs preface to his history of the world ; and dr. beards theatre gods judgements ▪ on the 6 and 8 commandm●n●s . f isa . 51 6. 12. c. 26. 13 , 14. psal . 82. 7. psal 146. 3 , 4. g rom. 8. 36 , 37. psal . 3. 6. h see 1 sam. 8. 4 , to 2● . ch . 12. 2. 2 sam. 18. 2 , 3 , 4. jer. 38. 5. i tacitus in vna agri●●●e . k jer. 28. 13 , 14. l 1 cor 16. 13. m recorded in livy , tully , plutarch , and others . recta honesta digna imp●ri● , digna populo romano , omnia pericula pro republica subire , mori pro patria . cicero de finibus bonorum , &c. p. 365. and tusc . quaest . p. 445. n esth . 4. 16. o 2 cor. 4. 16. 2 tim. 4. 7 , 8. p 2 cor. 5. 10 , 11. mat. 25 31 , 32. a wa●sons quodlib●ts 9. quod. art. 10. p. 332. nota. * do not many now boast , talk , write , of such a conquest ●y the army ov●r england ? d quodlibets , p. 322 , 323 , 〈◊〉 , 333. c 1 eliz. c. 1. 5 eli c. 1. 1 jac. c. 4. 3 jac. c. 4 , 5. 7 jac. c. 6. 18 carloli . the act for tri●nnial parliaments . d see the printed edicts repeating them , and enforcing the engagement an. 1649. e see the propositions for the treaty . f see the preface to the covenant . g see the edicts for the engagement , an. 1649. h bellarmin de pontif. romano . sir humph. linde his via devi● . i see grotius de ●ure belli & pacis , l. 3. c. 15. p. 537. k watsons quodlibets , p. 320 , 321 , 312 , 332 , 333. l de monar . hisp . c. 25. m conte de galiazzo , gualdo priorato part . 3. p. p , 165 , 176. prorato hist . n see 1 cor. 12. 12. to 31. 25 h. 8. c. 22. 1 jac. c. 1 , 2. 3 jac , c. 1 , 2. notes for div a91269-e18850 a heur . huntindon hist . l. 1. p. 1. galfr. monum . hist . l. 1. math. westm . flores hist . aetas 3. p. 23 , 24. ponticus virunnius hist . l. 1. polychronicon , fabian , and sundry others . * walsingh . hist . angl. p. 49 , &c. b tho. walsingham . hist. angl. 〈◊〉 . 1232. p. 50. c galfr. monum . hist. l. 1. c. 11. math. west . floreshist . p. 16 , 17. ponticus virunn . hist . l. 1. d see camd. brit. p. 29 , 30. e galfr. monum . hist . l. 1. c. 4 , to 12. and math. west . p. 14 , 15 , 17 , 18. proposit . 5 , 6 , 9. proposit . 5. 10. f galfr. monum . hist. reg. brit. l. 2. c. 11. ponticus virunnius hist . brit. l. 2. mat. westm . p. 27 , 28. g gildas hist . c. 19. galfr. monum . l. 2. c. 17. math. west . p. 51. 52. tho. r●dburni chron. dr. vsher de brit. eccles . primordiis . p. 127 , 128. fox . acts and monuments vol. 1. p. 211. 212. ponticus virunmus brit. hist. l. 2. proposition 2. 4. 5. ( h ) galfr. monum . hist. l. 3. ponticus virunnius . brit. hist . l. 3. math. westm . aetas 5. p. 53. 54. proposit 5. 9. proposit 5. 6 9 ▪ proposit ▪ 9. i galfr. monum . & ponticus virunn . hist . brit. l. 3. math. west . aetas . 5. p. 5. 6. fox acts and mon. vol. 1. p. 211 , 212. proposit . 5. k galfr. monum . hist . brit. l. 3. c. 16 , 17. math. west . p. 56 , 57 , &c. ponticus virunnius l. 3. fabian , holinshed , grafton , speed in their lives . ( l ) galfr. m●num . hist l. 3. c. 19. ponticus virunnius l. 3. math. west p 67 m galfr. m●num & ponticus virunnius hist . brit. l. 4. math. west . p. 66 , 67. fabian , holinshed , grafton in the life of cassibelan . n comment . l. 5. john stow his survay of london p. 2. speeds hist . of great britain p. 48. proposit . 5. 9. proposit . ● . * or , si quis adversus aliquem suorum querimoniam haberet , as others render it , q see camd. brit. p. 15 , 29 , 30 , 32 , 35 , 41 , 43 , 44 , 48 , to 53. speed hist . p. 47 , to 51. dr. vsher de brit. eccles . primordiis c. 4. r see ca●nd . brit. p. 15 , 30. * galfr. mon. hist . l. 4. c. 11. ponticus virun . l. 4. & mat. west . † galfr. mon. l. 4. c. 13. to 17 ▪ ponticus virun . l. 4. mat. west . ann . 22 , 44 , 57 , anno dom ▪ 22 , 44 , 52. * john trivianth , malmesb. and others , cited by bishop vsher de brit. eccles . primordiis c. 4. mat. pa●● . anti. brit. p. 3 , 4 ▪ † mat west . ann . 73. 78. galfr. mon. l. 4. c. 17 , 1● . pontiens virnun . l. 4. a tacitus in vita agricolae . camd. brit. p. 58 * is not this our condition now ? an. dom. 50. tacitus annal. l. 14. speeds hist . of great brit. ● . 66 , to 70. camd. brit. p. 49 50 proposit . 1. 4. is not this englands condition now ? an. dom. 185. s mat. west . an. 185. 187. galfr. mon. l. 4. c 19 , 20. l. 5. c. 1. ponticus virun . l. 4 , & 5. lambards archai●n . bish●p jewel reply against harding artic. 3. div●s . 24. p. 141 , 142. antiq. eccles . brit. p. 5 , 6. fox acts and m●n . vol. 1. spelm. concil . p. 32 , 34 , 35 haris●ns desc●ip . of brit ▪ l. 1. c. 9. godwin conversion of brit. dr. vsher de eccles . brit. primordiis c 3 , 4 ▪ 5. holinshed , speed , grafton ▪ stow in the life of lucius . proposit . 5. proposit . 5. t antiq. eccles . brit. p. 6. proposit . 5. u mat. west . anno 201. an. dom. 201. x tacitus in vita agricolae . camd. brit. p. 43 y math. w●st . anno 201. balaeus cent. 1. scrip. brit. c. 30. boetius l. 5 hist . scotorum . fo●don . scotichronicon . l. 2. c. 31. dr. vsher de eccles . brit. primordiis . c. 3. p. 43 , 44. spelm. concil . p. 35. camd. brit. p. 47 , 49 , 62 , 63 , 67 , tacit. annal . l. 14. * is not this in a great part our present condition ? an. dom. ●●6 . z mat. west . ann . 292 , &c. galfr. monum . l. 5. c. 3 , 4 , 5 , 6. ponticus virun , l. 5. holinshed , fabian , grasion , stow , speed. a pomponius laetus , and speeds history . an. dom. 302. proposit . 1. anno 313. b see beda eccles . hist. l. 1. c. 6. math. west . ann . 313. p. 131. gildas . de excid . britan. zonaras , paulus , dia●conius and others in his life c see euseb . eccles . hist . l. 3. c. 15. proposit . 2. an. dom. 379. d math. west . anno 376 , 379. proposit . 5. e hist . regum brit. l. 5. c. 9 , 10 , 11 , 12. f hist . brit. l. 5. see fabian , holinshed , grafton . proposit . 5. 10. proposit . 3. g mat. west . ann . 39● , 391 , 392 , 420 , 4●1 , 434 , 435. galfr. monum . & ponticus virun . l. 5 , & 6. fabian , holinshed , speed , grafton , gildas de excidic brit. malmesbur . de gestis regum angl. l. 1. c. 1. camd. brit. anno 390 , &c. anno 434. proposit . 5. 9. anno 455. proposit . 5. an. dom. 445 , to ●98 . h mat. west . ann . 445. to 498. will. malmesb. de gestis regum l. 1. c. 1. galfr. monum . & ponticus virun . hist . reg. brit. l. 6 , 7 , 8 h●my huntind hist . l. 2. ethelwerdi hist . l. 2. antiq. eccles . brit. p. 9 , 10. fabian , holinshed , speed. grafton , stow , in the lives of vertigerne & aurelius ambrosius . * have not others of late times done the like ? anno 447. proposit . 5. 9. anno 449. anno 454. proposit . 5. anno 460. proposit . 9. * whom we usually now call earls proposition 3. proposition 9. proposition 5 , 6 i see heylins microcosme , p. 756 , 757 718 394 , 412 , 5●7 177 , 178 , 642 672 , 709. anno dom. 498. k galfr. monum . l. 8 c. 17 , 18 , &c. math. westm . an. 497 &c. authors . proposit . 5 , 9. proposit . 5. 9. anno 516. k galfr. monum ; hist . reg. brit. l. 9. c. 10 to 20. & l. 10. c. 1. to 14 math. westm . an 525 , 537. walsingham hist angliae , p. 50. speeds history p , 273. propos . 5 , 6 , 9. propos . 5 , 6 , 9. nota. proposition 7. proposit . 8. anno 542. l see holinshed , and dr. vsher , de britannicarum ecclesiarum primordiis p. 535 to 547. speeds history p. 275 , 276 , 277 , 278. m psal . 54. 24. n isay 33. 1 o de gestis regum angl. l 1 c. 3. p , 26. p galfr. morum . hist . l. 12 c 1. ● , 5. speeh concil . p. 112. q see math. westm . anno 74● . 811. 853 anno dom. 586. a math. westm . anno 586. p. 208. fabian , grafton , holinshed and others . b andrew hor●es mirrour of justice , c. 1. sect. 2. p. 7 , 8 , 9 , malmes bury , huntingdon , beda , ethelwerdus , holinshed , speed , and others . prep . 1 , 2 , 3 , ● . proposition 5. c eccles . hist . gentis anglorum l. 2. ● . 5. huntingd. hist . l. 3. p. 226 malmesbury de gestis regum ang l. 1 c. 1. chron : johann : brompton col ; 738 : anno 605. d concil . tom. 1. p. 127. proposition 3. proposition 5. 6 anno 605. proposition 10. e chronica w : thorne col : 1761 , 1762 2123 : spelm : concilia , p 118 , 119 , 120 , 126 127. proposition 7. f spelmani concil . p. 198 , 227 , 228 , 334 407 , 427 , 428 435 , 441. ingulphi hist . p. 851. 853 , 864 , &c. malmesbury de gestis regum angl. l , 1. c : 2. l : 2. c : 6. math. westm . anno 794 , 797 , 945 * chronicon i●han : brompt : chronica w : thorne , evidentiae ecclesiae christi cantur & chronologia august : cant. g spelmanii concil : p. 340. evidentiae ecclesiae christi cant : col : 2018 * sed quia ille rex cunctis principibus non placuit , nolu●runt donum ●jus permanere ra●tum , &c. proposit . 10. h see ingulphi hist . p : 853 864. spelmanni concilia p : 198 , 227 , 228. i math. westm . anno 756 : p : 274. will. malmesb : de gestis reg. angl : l : 1 : c , 2 : p. 15. henry h●ntindon hist : l , 4 , p 341 , 342. chron : iohann : brompton col : 770 , 796 : speeds hist . p , 2●9 . holinshed , grafton , fabian , and others in his life . prop : 1 , 2 , 3 , 4 anno 756. k math : westm : anno 758 ▪ p , 275 : huntindo● hist : l , 4. speeds history p , 254 , 367. see fabian , holinshed , grafton . propos . 1. 2 , 3. anno 758. l math : westm : anno 957 : p , 370. will : malmesbury de gestis regum l , 2 : c , 7 p , 55. see huntindon speed , holinsh : grafton , in his life , and fabian . chron : johann : brompton col : 863 ▪ hen , de knighton : de ●●●itibus angl : l , 1 : c , 1 : anno 957. m spelmanni concil : p , 622. n see lambards archaion brompton col : 761 o spelmanni concil : p , 396 , 387 ; chron : iohann : brompton col : 841. p spelmanni concil : p , 291 , &c : 29● , ●96 , 298 , 300 : anno 787. q psal . 2 : 11. r see math. westm : anno 886 : p , 339 , 340 , 341. proposition ſ dan : 4 : 17 ▪ prop. 7 , 8. t 1 pet : 2 : 17 , 13 : u rom. 12. 1 x eccles . 10 : 20. y rom. 1. z esth . 2 : 21 22 , 23. a 1 sam. 24. 4 , 5 : c , 26 , 7 , 8 , 9 : 2 sam : 1 : 4 , to 17. b see dr : beards t●eatre of god judgements . math. westm : an : 786 , ●02 , 821 , 838 , 854 934 , 946. 979 1001 , 10●6 , 1017 , 1054 , prop , 1 , 2 , 3● . c lev : 1915. d isay 1 , 17 : c , 58 : 6 , 7 , 8 ▪ e math : 7 : 2 : f exod : 20 : 17 : g isay 5 : 8 , 9 h psal : 82 : 4 i math. 25 , 34 : prop. 1 , 2 , 3. k john 13 : 35. l de gestis ▪ regum angl. l , 1 : c , 3 : p , 26. m historia : l , 4 ▪ p , 342 , 343 , 344. speeds history p , 244 , 245 , 246. see fabian , holinshed , grafton , math. westm . anno 789 , 798 , 808 8●4 , 848 , 871 872. n malmesb : de gestis reg : l , 1. c , 3 : p , 26 , 27. speeds history p , 248. alchuvini opera p , 1667 ; 1668. * de gestis reg ▪ l , 1 〈◊〉 , 3. o histor : l , 4 : p. 343 , 344 , l , 5 : p , 312. watb : westm . an : 873 , 875 , 876 , 886. p flores hist ▪ anno 83● : p , 301 , 302. * tractatus joannis aven●ini de rebus turcicis p , 117. heylins microcosmus in germany . proposition 1. anno dom. 692. proposition 1. q spelmanni concil : tom : 1 : p , 183 , 184 , 185 , 187 : chron : johann : brompton col : 761 , 762 , 766 * lambard : archaion : chron. johann . brompton col : 341 , ●58 . spelm : concil : p , 402 , 419 , 420 , 444. r spelmanni concil : p , 530 , 531. * see gulielmi sonmeri glossarium title : cyricsceattam . s irae●eus , l , 4 : c , 34 : origen homil : 11 in num. hicron : in malach : c , 3. augustin : de tempore serm : 219. cassianque c , 25 , 33. isiodor pelusio ta : l , 1. ep. 317 antiochus homil . 120 : concil : arelatense 4 : can : 3. * spelm ▪ concil : p , 563 chron : iohann : brompton col : 920. * see spelm : glossarium & guli : sonmeri glossaerium title : cyricscea●●am . t spelmanni concil : p. 375 , 563 , 564 , 571 anno dom. 787. proposition 1. * centur : magd : 8 ▪ c , 9. spelm : concil : p , 292 , 293 , 298 , 299 , 300 301 , . mr. seldens history of tithes ch : 8 , p , 188 , 189. * let our tith-opposing souldiers and others observe it . u spelmanni concil . p , 621. hen : de knyghton de eventibus angliae l , 2 , col , 2336. anno dom. 727 , 793. x spelmanni concil . p ▪ 308 , to 313 , 290 , 261. radulsus de diceto abbreviationis chronicorum col , 446 , chron. iohann . brompton col : 754 , 776. proposition 1. y math. westm . anno 727 , p , 265. propo. 1. z spelmanni concil . p. 445 , 446 , 517 , 530 ▪ 544 , 621 , 625 633. mr. lambards archa●●n . johannis brompt chron. col . 871. 902 , 920. henr. de knighton de eventibus angliae l , 2 ▪ col , 235 ● . * see my gospel pl●a , for tithes , &c. 1653. anno dom. 871 , 873 , 983 , 984 , &c. proposition 1. see my humble remonstrance against the illegal tax of ship-money p , 19 , &c. * mat. westm . an. 871 , 873 983 , 991 , 994 &c. simeon dunelmensis hist . de gestis regum angliae p , 162 , 163 , 164 , 166 169. b math. westm . anno 983 , 991 , 994 1002 , 1007 , 1012. simeon dunelmensis hist . col . 162 , 163 , 164 , 168 , 166 * chron. johan . brompton col . 957. anno dom. 1051. proposition 〈◊〉 * see mich. leckm . ser 83 & sueni ros●l●● tit. pedagium . * see mathew paris in henry 3 & cookes 4 justitutes c , 1. rastal taxes . * see alexand. fabrit . destr . vitionem pars 4 c , 5. who is fuller than he herein . * antiqu. eccles . brit. p , 12. * chron. iohan. brompton col . 883. a looking-glasse for all lordly prelates wherein they may cleerely behold the true divine originall and laudable pedigree, whence they are descended; together with their holy lives and actions laid open in a double parallel, the first, betweene the divell; the second, betweene the iewish high-priests, and lordly prelates; and by their double dissimilitude from christ, and his apostles. prynne, william, 1600-1669. 1636 approx. 221 kb of xml-encoded text transcribed from 64 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a10189 stc 20466 estc s121078 99856267 99856267 21796 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a10189) transcribed from: (early english books online ; image set 21796) images scanned from microfilm: (early english books, 1475-1640 ; 1493:4) a looking-glasse for all lordly prelates wherein they may cleerely behold the true divine originall and laudable pedigree, whence they are descended; together with their holy lives and actions laid open in a double parallel, the first, betweene the divell; the second, betweene the iewish high-priests, and lordly prelates; and by their double dissimilitude from christ, and his apostles. prynne, william, 1600-1669. [20], 104 p. printed, [london?] : anno m.dc.xxxvi. [1636] by william prynne. place of publication conjectured by stc. reproduction of the original in the union theological seminary (new york, n.y.). library. some print faded. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng episcopacy -controversial literature -early works to 1800. 2002-03 tcp assigned for keying and markup 2002-04 apex covantage keyed and coded from proquest page images 2002-05 tcp staff (michigan) sampled and proofread 2002-05 olivia bottum text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion a looking-glasse for all lordly prelates . wherein they may cleerely behold the true divine originall and laudable pedigree , whence they are descended ; together with their holy lives and actions laid open in a double parallell , the first , betweene the divell ; the second , betweene the iewish high-priests , and lordly prelates ; and by their double dissimilitude from christ , and his apostles . esay li. i. looke unto the rocke whence yee are hewen , and to the hole of the pit whence yee are digged . iohn viii . xxxxiv . yee are of your father the divell , and the lusts of your father yee will doe ; hee was a murtherer from the beginning , and abode not in the truth , because there is no truth in him . math vii . xv. xvi . beware of false prophets which come unto you in sheeps cloathing , but inwardly they are ravening wolves ; yee shall know them by their fruits . printed anno m. dc . xxxvi . to the pontificiall lordly prelates of england . my lords , being put by your pieties from my ministry & function , contrary to the fourth commandement and gods sacred word , to keep my selfe from idlenesse , o●… worse imployments , i have adventured to draw up and present this looking-glasse , for a new yeares gift , to your lordships , not to defame you ( god is my witnesse ) but to informe , and so reforme you ( if possible ) by the parallels therein comprised . if any of the comparisons therein specified , seeme odious , ( as commonly most doe ) to your holynesse , you must blame your selves , not me , who relate only your actions ( and compare them with the divells , the iewish high priests , christs and his apostles ) but was not the author , nor occasion of them , and if you amend them and become new men , the parallels will soone grow out of date : neither doe i involve you all 〈◊〉 , but coniuctim in these parities and disparities ; all of you are not alike culpable , but some more , some lesse , and some of you ( perchance ) altogether innocent : i desir●… therefore every of you , to apply so much of it ( and no more ) to himselfe as his owne conscience ( upon serious examination ) shall ascertaine him doth appertaine to him . sure i am , that the whole concernes you all ( as united . ) and the greater part , many of you ( as divided ) god grant you grace to make good use of it . it is the first degree of reformation , to discover your enormities to you ; ( this is my part , not yours ; loe i have here performed it . ) the next degree is , to repent and amend all things amisse ; and not to relapse ; that is your part ( by gods concurring grace ) i trust , you will speedily execute it ; if not , as it was no rayling or slander in christ , to call iudas a divell iohn 6. 70. and to tell the iewes that they wereof their father the divel iohn . 8. 44. so it will be no reviling , or scandalum magnatum in me , to say as much to your lordships , if your actions prove you such ; or to tell you , that you are none of christs disciples , sonnes ; or followers , but the divells ; none of the apostles successors , but the iewish high priests , really ( though not morally ) ceased in christ , of whom they were a tipe . consider therefore seriously what is here written , and view your lives and actions in this impartiall glasse , and the lord give you both understanding , and reformation in all things amisse , ( which now are many ) that so you may be christs and his apostles followers and disciples in verity , as you are now onely in pretence , ( as is here in briefe discovered , i hope without offence . now least your lordships should take any just exceptions against any thing i haue written : be it knowen to you , and all men , by these ptesents , that i am both able & read●… to make good euery particular parallel against all gainesayers , by histories , testimonies , and examples of lord prelates , in all ages , which for breuity sake , i haue omitted ; the rather , because your selves , ( at leastwise some of your holinesses ) haue experimentally ratified all and euery of them past all contradiction . but yet to stop your monthes , i shall only acquaint your lordships what some of our martyrs haue written of lord bishops (a) . dr. barnes , our learned martyr , recites . that their was no great clarke in the church of god this 400. yeares , but he complained vehemently against the pride and lewde liuing of the bishops . &c. they say they be ●…he successors of christ and his apostles , but i can see them follow none but iudas . for they beare the purse and have all the money . and if they had not so great possessions , i am sure an hundred would speake against them , where now dare not one , for lofse of promotion . as for this article , i will overcomme you with the witnesse of all the world , you may well condemne it for herefie , but it is as true , as your pater noster : iudas sould our master but once , and you sell him as often as he commeth in your hands . but i would it were , you could prove me a lyer , and that you followed any of the apostles saving iudas only . yea , i would that you were in certaine points as good as iudas was , &c. take it to you and make the best you can of it . yea hee goeth one straine higher . (b) i doe reckon ( saith hee ) of our english lord prelates your lordships predecessors ) that you are ten times worse then the great turke : for hee regardeth no more , but rule and dominion in this world ? and you are not therewith content , ( and i shall say the same to you my lords ) but you will also rule over mens consciences , yea and oppresse christ and his holy word , and blaspheme and condemne his word . they call themselues in words , the seruants of seruants ; but in very deed , they will be lord ouer all lords , and desire to be taken as lords and king ouer al kings . these truths he sealed with his blood . (c) iohn frith our godly martyr , writes thus : after that the office of a bishop was made so honorable & profitable , they that were worst both in learning & living , most labored for it : for they that were vertuous would not intangle themselues with the vaine pride of this world . and in conclusion it came so farre , that whosoever would give most mony for it , or best could flatter the prince ( which he knew well all good men to abhor ) had the preheminence and got the best bishopricke : and then insteed of gods word , they published their owne commaundments , and made lawes to haue all under them , and made men belieue they could not erre , whatsoeuer they did or said . and euen as in the roomes and steede of moses , aaron , eliazer , iosua , calib , & other faithfull folke , came herode , annas , cayphas , pilate and iudas , which put christ to death : so now in steede of christ , peter , paul , iames and iohn , and the faithfull followers of christ : we haue the pope , cardinals , arch-bishops , bishops , and proude prelates with their proctours , the malicious minister of their maister the divell ; which notwithanding transforme themselues into a likenesse , as though they were the ministers of righteousnesse , whose end shall be according to their workes . so that the body is cankered long agoe , & now are left but certaine small members which god of his puissant power , hath reserued vncorrupted : and because they see that they cannot be cākered as their owne flesh is , for pure anger they burne them , lest if they continued there might seeme some deformity in there owne cankered carcasse , by the comparing of these whole members to their scabbed body . so he . mr. william tyndall , our must deuout martyr ; as he termes , (d) the pope and lordly prelates ( especially those who thrust themselues into , or meddle with temporall offices and affaires , ) wolfes in a lambes ( sr. iohn lambes ) skinne ; calling themselues in the title of 〈◊〉 cham seruus seruorum , seruants of all seruants , and are yet found , tyrannus tyrann●…rum , of all tyrants the most cruell . so he determines thus of lord bishops . (e) bishops they only can minister the temporall sword , their office the preaching of gods word layd apart , which they ( as your lordships now ) will neither doe , nor suffer any man to doe ; but slay with the temporall sword ( which they have gotten out of the hand of all princes ) them that would . the preaching of gods word is hatefull & contrary unto them * why ? for it is impossible to preach christ , except thou preach against antichrist , that is to say , them which with their false doctrine and violence of sword enforce to quench the true doctrine of christ. and as thou canst heale no disease except thou beginne at the roote , even so canst thou preach against no mischiefe ( marke it ) except thov begin at the bishops . kings they are but shadowes , vaine names and things idle , having nothing to doe in the world , but when our holy father needeth their help . the emperor and kings are nothing now adayes but even hangmen unto the pope and bishops , to kill whomsoever they condemne , without any more adoe , as pilate was into the scribes and pharisees and the high bishop to ●…ange christ. what realme can bee in peace for such ●…urmoilers ? bishops that preach not , or that preach ought save gods word , are none of christs , nor of his annointing ; but servants of the beast , whose marke they beare , whose word they preach , whose law they maintaine cleane against gods law. (f) the prelates with the rabble and multitude of their ceremonies , have put away preaching : and as ignorance made us servants to ceremonies ; so ceremonies are the chiefe cause of ignorance . thus and much more , tyndall . now because i have paralleld your lordships and the divell together , least this should seeme harsh , or a great scandalum magnatum to your honours . i shall conclude this my epistle to your lordships , with that notable epistle of lucifer prince of darkenes , written to your noble progenitors , by william swinderby , or some other lollard , ( as they termed them , and you now call us puritans in the selfesame malicious scornefull manner , ) transcribed by our laborious mr. iohn fox , out of the bishop of hereford his register , into his acts and monuments in these very words , which suite as pat with your lordships as if it had been purposely penned for your selues alone . the 〈◊〉 〈◊〉 〈◊〉 of a certaine letter fained u●…der t●…e name of lucifer prince of darkenesse , writing to the persecuting prelates of the popish clergie . i lucifer prince of darkenesse and profound heauinesse , emperor of the high misteries of the king of achar●…nt , captaine of the dungeon erebus , king of hell , and controller of the infernall fire : to all our children of pride , and companions of our kingdoome , and especially to our princes of the church of this latter age and time ( of which our aduersarie iesus christ , according to the prophet , saith : i hate the church or congregation of the wicked ) send greeting , and wish prosperity to all that obey our commandments , as also to all these that bee obedient to the lawes of satan alrea●…y enacted , and are diligent 〈◊〉 of our behests , and the precepts of our decree . know ye that in times past eertaine vica●…s or vicegerents of christ , following his steps in miracles and vertues , living and 〈◊〉 in a beggerlie life , conuerted ( in a manner ) the whole world from the yoake of our tyrannie unto their doctrine and manner of life : to the great de●…ision and contempt of our prison house and kingdom●… , and also to the no little prejudice and hurt of our iurisdiction and authoritie , not fearing to hurt our fortified power , and to offend the majestie of our estate . for then receiued we no tribute of the world , neither did the miserable sort of common people , rush at the gates of our deep dungeon as they were wont to doe , with continuall pealing and rapping , but then the easie , pleasant and broade way , which leadeth to death , lay still without great noise of trampling travellers , neither yet was ●…rod with the feet of miserable men . and when all our courts were without suters , hell then began to houle . and thus continuing in great heauinesse and anguish , was robbed and spoiled . which thing considered , the impatient rage of our stomack could no longer suffer , neither the vglie rechlesse negligence of our great captaine generall could any longer indure it . but we , seeking remedie for the time that should come after , haue prouided us of a very trim shift : for in stead of these apostles and other their adherents which draw by the ●…ame line of theirs , as well in manners as doctrine , and are odious enemies to vs : we have caused you to be their successors , and put you in their place , which be prelats of the church in these latter times , by our great might & subtiltie , as christ hath said of you : they have reigned , but not by me . once we promised unto him all the kingdomes of the world ; if he would falldowne and worship us ; but he would not , saying , my kingdome is not of this world , and went his way , when the multidudewould have made him a temporal king. but to yo●… truly which are fallen from the state of grace and that serve us in the earth , is that my promise fulfilled : and all terrene things by our meanes which we bestowed upon you , are under gov●…rment . for he hath said of vs ye know : the prince of this world cometh , &c. and hath made us to reigne over all children of vnbeleese . therefore our adversaries before recited , did patiently submit themselves unto the princes of the world , and did teach that men , should doe so , saying : be ye subject to every creature for gods cause , whether it be to the king as most chiefest . and againe : obey ye them that are made rulers over you , &c. for so their master commaunded them saying : the kings of the heathen , have dominion over them , &c. but i thinke it long till we have powred our poyson upon the earth , and therefore fill yourselves full . and now bee ye not vnlike those fathers , but also contrary unto them in your life and conditions , and extoll yourselves above all other men . neither doe ye give unto god that which belongeth to him , nor yet to caesar that which is his : but exercise you the power of both the swords , according to our decrees , making yourselues doers in wordly matters , fighting in our quarrell , intangled with segular labours and businesse . and clime ye by little and little frō the miserable state of povertie , unto the highest seats of all honours , and the most princely places of dignitie by your devised practises , and false and deceitfull wiles and subtiltie : that is , by hypocrisie , flatterie , lying perjurie , treasons , deceits , simonie and other greater wickednesse then which our infernall suries may dev●…se . for after that ye have beene by us advanced thit●…er where ye would be , yet that doth not suffice you , but as greedie starvelings more hungrie then ye were before , ye suppresse the poore , scratch and rake together all that comes to hand , perverting and turning every thing topsie 〈◊〉 : so swolne , that ready ye are to burst for pride , liuing like lechers in all corporall dilicatenesse , and by fraud directing all your doings . you challenge to yourselves names of honour in the earth , calling your selves lords holie , yea and most holie fathers . thus , either by violence ye raven , orelse by ambition , subtillie ye pi●…ter away and wrongfully wrest , and by false title possesse those goods which for the sustentation of the poore members of christ ( whom from our first ●…all we have hated ) were bestowed and given , consuming them as ye yourselves list , and wherewith ye cherish and maintaine an innumerable sort of whores , strump●…ts , and 〈◊〉 with whom ye ride pompous●…ie like mightie princes , farre otherwise going , then those poore beggerlie preists of the primitive church . for i would ye should build yourselves rich and gorgeous palaces : ye farelike princes , eating and drinking the most daintiest meates , and pleasantest wines that many be gotten ; yee hoord and heape together an infinite deale of treasure , not like to him that said , gold & silver have i none ; yee serve & fight for us according to your wages . o most acceptable society or fellowship , promised unto us of the prophet , and of those fathers long agoe reproved : whilest that christ called thee the synagogue of satan , and likened thee to the mightie whore which committed fornication with the kings of the earth , the adultero is spouse of christ , and of a chast person made a strumpet . thou hast left thy first love & hast cleaved unto us , o our beloved bab●…lon , o our citizens , which from the transmigration of ierusalem come hither : we love you for your deserts , we rejoyce over you , which contemne the lawes of simon peter , and imbrace the lawes of simon magus our friend , and have them at your fingers ends , and exercise the same publickely buying and selling spirituall things in the church of god , and against the commandement of god. ye give benefices and honours by petition , or else for money , for favour , or else for filthie service . and refusing to admit those that bee worthy , to ecclesiasticall dignity , you call unto the inheritance of gods sanctuary , bauds , liers , flatterers , your nephewes , and your owne children , and to a childish boy , yee give many prebends , the least whereof yee deny to bestow upon a poore good man : ye esteeme the person of a man and receive gifts , yee regard money and have no regard of soules . ye have made the house of god a denne of theeves . all abuse , extorsion , is more exercised , a hundreth fold in your judgement seats , then with any secular tyrant . yee make lawes and keepe not the same , and dispence with your dispensations as it pleaseth you ; you justifie the wicked for reward , and take away the just mans desert from him . and briefly , yee perpetrate or commit all kinde of mischiefe , even as it is our will yee should . and yee take much paines for lucres sake in our service , and especially to destroy the christian faith . for now the lay people are almost in doubt what they may beleeve , because if ye preach any thing to them at sometimes ( althouhg it be but seldome seene , and that negligently enough , even as we would haue it ) yet notwithstanding they beleeve you not , because they see manifestly that ye doe cleane contrarie to that ye say . wherevpon the common people doing as ye doe , which have the goverment of them , and should be an example unto them of well doing : now many , of them leaning to your rules , d ee runne headlong into a whole sea of vices : and so continually a very great multitude flocketh at the strong & well fenced gates of our dungeon . and doubtlesse , ye send us so many day by day of euery sort and kind of people , that we should not be able to entertaine them , but that our insatiable ( choas with her thousand rauening jawes is sufficient to deuour an infinit number of soules . and thus the soueraigntie of our empire , by you hath beene reformed , and our intollerable losse restored . wherefore , most specially we commend you , & giue you most heartie thanks ; exhorting all you , that in any wise ye perseuere and continue , as hitherto ye haue done : neither that you slacke henceforth your enterprise . for why ? by your helps we purpose to bring the whole world againe under our powe●… and dominion . over and besides this , we commit unto you no small authoritie , to supplie our places in the betraying of your brethren ; and we make and ordaine you our vicars , and the ministers of antichrist our son , now hard at hand , for whom ye have made a very trim way and passage . furthermore , we counsell you which occupie the higest roomes of all other , that you worke subtillie , and that ye ( fainedly ) procure peace between the princes of the world , and that ye cherish and procure secret causes of discord . and like as craftilie ye have destroyed and subuerted the roman empire : so suffer ye no kingdome to be ouermuch inlarged or inriched by tranquillitie and peace ; lest perhaps in so great tranquillitie ( al desire of peace set aside ) they dispose themselues to view and eonsider your most wicked works , suppressing on euery side your estate : and from your treasures take away such substance , as we haue caused to be reserued and kept in your hands , vntill the comming of our wel beloued son antichrist . we would ye should doe our commendations to our intirely beloved daughters , pride , deceit , wrath , auarice , bellicheere , and lecherie , and to all other my daughters ; and especiallie ho ladie simonie , which hath made you men , and inriched you , and hath giuen you sucke with her owne breasts , and weaned you , and therefore in no wise see that ye call her sinne . and be ye loftie and proud , because that the most high dignitie of your estate doth require such magnificence . and also be ye couetous , for what soeuer ye get and gather into your fardell , it is for st. peter , for the peace of the church , and for the defence of your patrimonie and the crucifix ; & therefore ye may lawfully doe it . ye may promote your cardinals to the higest seat of dignities , without any let in all the world , in stopping the mouth of our adversarie iesus christ , and alleaging againe , that he preferred his kins folks ( being but of poore and base degree ) vnto the apostleship ; but doe not you so , but rather call , as ye doe , those that live in arrogancie , in haughtinesse of mind , and filthie lecherie , unto the state of wealthie riches and pride ; and those rewards and promotions , which the followers of christ forsook , do ye distribute unto your friends . therefore as ye shall have better vnderstanding , prepare ye vices , clocked under the similitude of vertues . alleage for yourselues the glosses of the holie scripture , and wrest them , directly for to serue for your purpose . and if any man preach or teach otherwise then ye will , oppresse ye them violently . with the sentence of excommunication , and by your censures heaped one upon another , by the consent of your brethren ; let him be condemned as an heretike , and let him be kept in most strait prison , and there tormented till he die , for a terrible example to all such as confesse christ. and setting all favour apart , cast him out of your temple , lest peradventure the ingrafted word may save 〈◊〉 soules , which word i abhorre as i do the soules of o her saithfull men . and do your indeuour , that ye 〈◊〉 deserue to haue the place which we have prepared for you , under the most wicked dw●…lling on of our dwelling place . farre ye well with such felicitie as we desire and intend finally to reward and recompence you with . given at the center of the earth , in that darke place , where all the rablement of divels were present , specially for this purpose ca●…led unto our most dolorous consistorie , under the the character of our terrible seale , for the confirmation of the premisses . ex registro herefordensi ad verbum this letter of lucif●…r to your lordly predec●…ssors , then , will i trust , excuse my epistle and parallels here dedicated to your lordships , now ; both from the unjust imputation of calumnie , slaunder , or reviling . and so leaving your lordships to ve●…we and reueiw your selves in this new looking-glasse made purposely for your sweet holy faces , i take my leave of you ( as i trust you will now doe of all your lordlinesse , worldlinesse , pride , and other vices , here discovered ) till you have exactely trimed yourselves thereby , to make yourselves more amiablc both to god and man , then now you are . a notable jesuiticall policy of some lordly prelates , worthy consideration . some great domineering lord prelates to advance their own power , and draw all men to their party , have of late endevoured to ingrosse into their hands , the disposall of most ecclesiasticall dignities ( as bishopricks , deanneres , prebendaries , headships in the vniversities , presentations to most great benefices , and the like ) and of many temporall preferments ; together with the custody of his majesties treasury . by this policy : first , they keepe all men from preferment ( how deserving , learned and pioussoever ) but those of their owne faction and creatures . secondly , they make their owne party very great and strong in all courts of iustice , and places of the realm , so as none dare oppose them in the least measure , no not in cases which highly concerne both god , the king , religion , and the whole realme . thirdly , they are more feared and crowched to then the king himselfe , or all his nobles . fourthly , they would win all men to their own opinions , humours and superstitions , out of hopes of preferment , which else they have no way to attaine . fiftly , they have many clergie men so wholly at their command , that they will write , preach , practice , defend , any errours , false doctrines , innovations , superstitions or popish ceremonies , their lordships shall command or desire them , to obtaine their favours and advancement . sixtly , by this meanes they gaine scouts and spies in every corner of the kingdome , in court , city , countrey , and in most noble-mens , and gentlemens families ; ( whose chaplaines are now for the most part , nought else but these great prelates agents and intelligencers ; ) so that nothing can be done or spoken against them , or intended for their prejudice , but they have present information of it . seventhly , by this policy , they keep all men under their girdles , crush all that dare oppose them , stop the current of iustice ; bolster out all their popish agents and opposing officers , setup popery againe without much noyse or opposition , oppresse his majesties good subjects , extirpate piety and religion , rob his majesty , his nobles and officers of ther authority , privilidges and power to preferre well-deserving men , ( and so by consequence , deprive them of much honour , service , respect , observance and thankfulnes for benefits to be received ; ) advance their owne episcopall power , jurisdiction , cours , beyond all moderation and bounds , and in a manner do and say what they list without opposition or controule . this iesuiticall stratagem of theirs ( prescribed by conc ' in his politiques , as one of the chiefe meanes to undermine religion , and all protestant states and churches , ) is worthy his majesties and his nobles most serious consideration , and prevention in due time ; for feare it inslave them and the whole kingdome to the pope and prelates , before they are aware of it . great reverend lord prelates are like to that we call a sir reverence ; the more they stirre and are stirred , the worse , the more they stinke . they are like davids mountaines , ps. 144. 5. if men doe but touch them and their vices , they will smoke , yea storme and rage like the troubled sea when it cannot rest , whose waterscast up mire and dirt , isay. 56. 20. hence they labour to suppresse , sease and call in all good bookes , ( yea the palsgraves new-printed declaration in affront to his highnesse and his churches , because it censures some of their idle ceremonies and arminian doctrines , though tacitly and moderately by way of apologie ; ) our saviour himselfe gives us the true reason , why : iohn 3. 20. for every one that doth evill hateth the light , neither commeth to the light , lest his deeds should be discovered and reprooved ; as their lord ships now are pretty well , if not to their amendment , yet doubtlesse to their shame . gentle reader , ere thou read this treatise be pleased with thy penne to correct these presse-errors . page 2. line 2. read parallels : p. 3. l. 17. for fable , r unstable l. 6. p 4. iowne ; c drowne l. 9 be sure : l. 19. but weekes . p. 8. l 3. mak●…s . p. 10. l 7. and not , r. as not . p. 12. l. 11. traducing : l. 30. that , r. their . p. 14. l. 22. fathers : p. 15 l. 24. them , r. their p. 16. l. 3. habe●…s : p. 17. l. 8 publish : p. 18. l. 25. a practise : p. 19. l. 5. bayli . l 7. urge this . l. 25. auncient . l. 29. crantzius . l. testium , aventimus . l. 32. hypocrites p. 21. l. 9. heart . p. 22. l. 17. bruize , r. bring . p. 23. l. 3. bacchanals . l. 12. rainsford p. 24. l. 13. ed. 6 p. 25. l. 3. ransant : banger . l. 5. his : r. her . p. 26. l. 7. fends . r. feudes . p. 29. l. 25. newman . r. nucoman : p. 30. l. 25. ods . p. 33. l. 37. altars . p. 34 l. 13. cease . p. 37. l. 30. have . p. 39. l. 28. postils . p. 40. l. 15. strumpet . p. 41. l. 1. haunt , r saunt . l. 12. gor. r gee . l. 16. hung . l. 19. home . p. 42. l. 9. them . r. then . p. 44. l. 15. 29 set up : p. 46. l. 8. committing . p. 47. l. 3. power . r. boner . p. 48. l. 15. their expunging . p. 51. l. 27. presents , eate , r. persecute , rate . p. 52. l. 2. drinke : r. drunken . p. 55. l. 28. memorable . p. 56. l. 25. this for any answer of bisp . 59. l. 16. cant. 〈◊〉 . court. p. 62. l. 13. kings . r. 〈◊〉 . l. 23. condemne . p. 63. l. 8. thou . r. then : p. 64. l. 2. r. upon one crosse , but the bishops nayle him againe unto . p. 66. l. 13. archbishops . l. 19. to be . p. 67. l. 11. bedde . l. 22. grace : r. yeare . p. 83. l. 6. obedient , apparant . l. 13. tipes . r. texts . l. 27. friends . r feindes . p. 80. l. 9. bletout , the. l. 30. early . r. rarely . p. 87. l. 10 deaths . p. 79. l. 22. no doubt . p. 80. l. 8. enrich . l. 28. pompe . p. 89. l. 26. r , walke directly p. 97. l. 5. for . r. fore : p. 92. l. 23. &c. and. p. 96. l. 10. money . r. many . l 12. illegall . l. 15. wofull . l. 19. which of . r. whether . p. 97. l. 20. occupie . 98. l. 10. thus . r. there . l. 11. birelings . l. 9. blot out are : l. 13. humble , r. tremble . p. 100. l. 14. or r. 2. 101. l. 18. beats . r. brats . p. 102. 1. his , r. this . p. 103. l 5. insteed . r. infested . l. 13. been . r. beire . l. 22. 1 beseech . in the margine . p. 9. l. 5. r. 414 p. 82. l. 3. 9. sublimiori , columnae . p. 97. l. 24. p. 14. this is omitted . a looking-glasse for all lordly prelates . there is nothing now more rife in the mouthes of many great domineering lordly prelates , then , that their lordly episcopall iurisdiction , pompe and soveraignty , is of divine institution , and that their sacred lordships , are undoubted , sonnes , successors , heires of christ , and his apostles which men might well enough believe , did not their lives and actions most apparantly contradict these their ambicious windy words ; but if men may judge of a tree by the fruits , ( as our saviour concludes they may , math. 7. 16. ) or of mens true fathers , and pedigrees by their works ( as hee also resolves iohn . 8. 44. ) i hope these arrogant lofty prelates , will not bee offended with me , if i make it apparant to them ( and others ) by their fruites and workes , that they are so farre from being the sons or successors of christ and his apostles , or of divine institution , that , they are of their father the divell ( for his workes and lusts they doe ) the successors from the iewish high priests , who crucified our saviour , persecuted , silenced , imprisoned , excommunicated his apostles , and so , of diabolicall ordination ; not divine . this i shall plainely and briefely demonstrate , in two distinct parallers . the first , betweene the divell and lordly prelates . the second , betweene the iewish high priests and them . the 1. parallel betweene the divell and lordly prelates . 1. first , the divell ( for his condition and quality ) is an apostate angell , who kept not his first estate and 〈◊〉 , and abode not in the truth . iude 6. iohn . 8. 44. such are all lordly prelates and bishops , both by their own exposition of rev. 2. 1. 5. 6. (a) where they interpret , the apostate angell of the church of ephesus , to bee the lord-bishop of that church alledging this text as the principall scripture , to prove their hierarchie of divine institution ; ) and by common experience : for as lord bishops are fallen from the pietie , holinesse , humility , poverty , zeale , meekenesse , laboriousnesse , heavenly mindednesse , charity , and equallity with other ministers , that was in the true christian bishops of the primitive church and now openly avow the popish and arminian doctrine of the totall and finall apostacy of the saints from grace . so most of them being made lord bishops , ( to prove this doctrine of apostacy true by their practise ) fall away from the pietie , zeale , holinesse , meekenesfe , diligence , frequency in preaching , and most other vertues which they had or used in verity or pretence , before they were made bishops ( in case they had any vertue or goodnesse in them before , of which too many of them were never guiltie , ) and become farre worse christians , ●…arre greater persecutors and enemies to god , his truth , his people , and more unholy , coveto●…s , lasie , vicious in their lives then ever they were before ; as all histories and experience manifest , beyond all contradiction . and how many of our present lord prelates are turned open apostates from the established doctrine and discipline of this church of england to poperie , arminianisme and romish superstition , and all the zeale , the honesty , the piety and goodnesse they had or seemed onely to have before they were lord bishops , i leave to every mans experience to determine , some of the best of them being so strangely warped of late , that it made a great popish learned lord confesse openly at the table this last summer , that if ever hee altered ●…is religion , hee would turne puritan ; for puritans ( saith hee ) are constant to their owne religion and tenets , but the bishops so fable and wavering with the times , that wee know not where to have them , such apostate angels are they . secondly , the divell is an uncleane spirit , void of holinesse , full of all filthinesse and impiety , and is hardly ●…ast out of those he once possesseth , math. 10. 1. 6. 12. 43. marke 1. 23 , 26 , 27. c. 5. 2. 8. c. 7. 25. luke 4. 33. 36. c. 6. 18. acts 8. 7. such are most lordly prelates in all respects , witnesse their (b) u●…cleane , profane , voluptuous , impious , godlesse lives and actions in all ages . of which all histories stincke and surfet ; to omit the present filthin●…sse of many of them : and how hard they are to be cast out where once they get but footing , our owne histories and instant experience too well demonstrate . thirdly , the divell is a dumbe and deafe spirit , making some m●…n dumbe , yet never any preachers that i read of , except prelates or thos●… that ●…ould be such ) d●…b , that they cannot speake , and oth●…s 〈◊〉 that they cannot h●…re , till christ dispossessed them of these divells , marke 9. 17 25. luke 11. 14. such are lordly prelates for the most part ; they are not only d●…be themselves , very seldome or never preaching in their diocesse , or opening their mo●…thes in the pulpit to teach the people , whom they of●…er bite and ●…eare with their teeths , then instruct with their toungues . and also deafe , in turning the deafe care to the cries , petitions and lamentable complaints of those many godly faithfull painfull ministers and people now most injuriously oppressed , persecuted , silenced imprisoned vexed ruined , and deprived by them , both of the foo●… of their soules & bodies : ( such inexorable mercilesse deafe devils are they , to these , and all good motions else . but likewise by their ill examples , make divers other preaching ministers dumbe and mute , and by their illegall suspensions inhibitions iniunctions or excommunications , close up the mouthes , and muzzle up the tongu●…s of sundry other the most powerfull , frequent constant preachers whom their examples cannot silence , ( as late woefull experience every where manifests , especially in norwich diocesse ) by meanes whereof ; as also by suppressing most weeke-day lectures , with all afternone sermons on the lords day in most countries , and prohibiting people that have no preaching at home , to goe out of their parishes to heare gods word abroade , they make thousands every where so deafe , that they cannot heare the sweete vovce of the gospell preached though they desire it : such dumbe yea deafe devills are many lord prelates now become , whom christ himselfe ( no ●…oubt ) & that by miracle will shortly cast out , that so our dumbe silenced ministers , may once more speake , and our d●…afe people heare his s●…cred word , to the vnspeacable comfort and salvation of their soules . fourthly , the devill is an evill spirit , who doth nothing else but vex , torment , teare , torture and disquiet men , of purpose , to destroy them math. 15. 22. mark. 9. 18 , 20 , 22. luc●…e . 6. 18. and have not domineering lord prelates beene like the divell , in this respect , in all ages heretofore , ( as the acts and monuments of our martyrs , collected by master fox , sufficiently demonstrate ? ) yea , what else doe many of them at this day , ( but like so many tormenting divells ) vex , torment , teare , torture , pill , pole , pursevant , tosse up and downe from court to court , prison to prison and disquiet all kindes of people , especially godly ministers and christians ( whom they brand with the name of puritans ) with their daily citations , excommunications , suspensions , pursevants , apparitors , chancellors , officials , visitors , archdeacons , visitation-oathes , articles , injunctions , new minted ceremonies , innovations , slauders , false accusations , fines , sequestrations , censures , exactions , procurations , extorted , ●…es &c. of purpose to fleece , flay , and destroy them ? so like are they in this particular also , to their father the diuell . fifthly , the divell casteth same of gods saints , and ministers ofttimes into prison . rev. 2. 10. yea , into the fire sometimes , and sometimes into the water , to destroy them , mark. 9. 22. the lordly prelates have done the like in all ages , witnesse the french and english acts and monuments : of martirs , which record , how many of gods saints and ministers they have imprisoned , cast into the fire & water burned , drowned ; this they still proceede to doe in forraigne partes ; and though they neither burne nor downe them , as yet , here at home , ( not so much for want of will , as law to doe it ) yet like so many furies , they now daily silence , excommunicate , deprive , pursivant , imprison , fine , bannish , and ruine them , as much as in any age whatsoever , and if they cannot burne them at a stake , they will sure to crop of their ●…res , & shed their bloud on some pillary , and then mue them up in a prison all their dayes , a lingring la●…ing tyranny , farre worse then present mar●…irdome . yea in this particular instance they farre outstrip the very divell himselfe ; in two things : for where as , he●… cast but some only of gods saints and ministers into prison and that , but for ten dayes , revel . 2. 10. they commonly cast not some , but many of them into prison , and that not onely for ten dayes , weekes , nay months , and yeares , and ofttimes during life : and whereas paul though imprisoned under that most b●…oody divell and tirant nero in pagan rome , had so much liberty , as to dwell two yeares space together in his owne hired house , and 〈◊〉 receive all that came in unto him : preaching the kingdome of god , and teaching those things which concerne the lord iesus christ with all confidence no man forbidding them , act. 28. 30. 31. neither the divell , nor nero shutting him up close prisonner : yet these lord prelates to shew themselves more cruelly barbarous and tyrannicall then either the divell or nero , have anciently , and yet daily doe shut up divers of gods ministers and people close prisonners , restraining all free accesse of friends , or company to them , and are so far from permitting or not prohibiting them to preach in prison , that they inhibit and forbid them to preach even when they are at large , such is their fatherly piety , pittie , love , and charity , their very tender mercies ( just like the divils ) being nought else but cruelties . pro. 12. 10. sixthly . the divell i●… an exceeding feirce and furious spirit , who desires to have nothing to doe with christ , whose sacred presence torments him before his time math. 8. 28. 29. and when he leaveth his howse for a time , and then returnes and findeth it swept and garnished , he taketh with him 7. other spirits more wicket then himselfe , and they enter in and dwell there , and so the last estate of that man , in whom●… they reside , is worse ●…hen the first . math. 12. 23. 24. 25. luke 11. 24 , 25. so most lord prelates are exceeding fiery , fierce , and furious spirits , who will not be crossed or affronted in any thinge be it never so impious or vnjust . noe kinges , lords , nobles , being so violent , vnreasonable , outragious malepart , feirce , chollericke peremptorie , or furious in their designes , or pursuite of their ends as they ; moreover they desire to have little or nothing to doe with iesus christ , or his sacred ordinances which the sincere and diligent reading , preaching discoursing and meditation of his word , the due administration of his sacrements , the strict sanctification of his sacred sabbaths ( which they count 〈◊〉 heavy iewish yoake of bondage &c. ) the ●…tation of his 〈◊〉 , imprisoned or disconsolate afflict●…d mebers &c. ( a thing from which they are so farre themselves , that they make it a piac●…lum in others , to visit godly prisoners . ) these petty ●…riviall things and christian duties are belowe their pompe & state , it beseemes not their lordships honour to stoope so lowe as our saviours ( f ) plough-tayle ; or to enter into a poore cottage or prison to visite a poore me●…ne christian. these things they put off to the meanest curates , as overmeane for their lips ; who scorne to bus●… themselves with lesser matrers , then managing the greatest state offices and affaires , wayting at kings owne elbowes , following the heeles of rheit courts to gett more preferments ; lording it over their whole diocesse yea over whole kingdomes at their pleasures , and that over lords and knights if not kings themselves aswell as ministers , and the meanest curate●… ; sitting as iudges not only in their consistories , visitations , and high commission courts , but at assizes , sessions . yea in star chamber , and exchequer-chamber to , (g) m●…king of new canons , iniunctions , oathes , articles , and printin●… enforcing them on the subjects with all violence , in their o●…e names alone , like absolute monarkes , popes , and parliaments : these , and such like , are the things that lord prelates busy thems●…lves with all , and in advancing their iurisdictions , revenues , wealth , pompe , state ; but they will have nothing or very little at all to doe with christ , whose sacred presence ( either by the powerfull preaching of his word , the purity of his ordinances , the reprehēsion of their sines , the approach or meditation of the day of death or iudgment , or by the growth or progresse of his true spirituall kingdome under their noses , ) is so irksome to them , that it ●…ments them before the time , & make them frett , fume , rage , vex , chafe , and play about them like madd men , as appeares by the booke of martirs , yea , by present experience with out further evidence . and if at any time after they are made bishops , they leave their former habitations , and repaire to their diocesse , or bee translated from one see to another ; they commonly take with them seaven other spirits as bad , ar more wicked themselves , ( to wit , * archdeacons , chauncellors , registers , appariters , howshold chaplaines , secretaries , and private informers against good men ) who reside either neere or with them in their diocesse ; which are so vexed , pilled , polled , spoyled , corrupted , by these horseleaches , and caterpillars , that the last estate of them , when they leave them , is commonly farre worse then the first , when they repaired thither ; yea their bishopricks too , are usually so pared by the sale of woods , renewing of leases , granting of offices , reversions , and such other usuall devices of these ghostly fathers , before their deathes and translations , that they leave them commonly in farre worse estate then they found them ; so like are they to the divell , to make all things worse and worsethey meddle with ; the reason ( i take it ) of our usuall english proverbe , when any milke or broth on the fire is burnt , and thereby marred ; that the bishop hath been in the pot ; because they commonly marre all things where they come , as the divell doth . seaventhly , the divell takes men captive at his will , and few that are taken by him recover themselves ( but with great difficulty ) out of his snares , 2 tim. 2. 26. so domineering , tyrannizing , prelates , imprison , pursivant , and take men captive at their pleasures , against all iustice , equity , piety , pitty , lawes of god and man , against magna charta , the petition of right , and all other acts of parliament for the subiects liberties . take but one fresh instance ; for an example , insteed of hundreds more : on the 26. of this instant ianuary , one knight , a glasse-man in london , for repeating a sermon in norfolke , was conuented before the archbishop and other high-commiffioners at lambeth , and tend●…ed an ex officio oath ( not warranted by any law of god or man , and in direct termes for ever exploded , and not warrantable by the lawes and statutes of this realme in the late petition of right 3. caroll : ) hee thereupon answered , that he was not fully satisfied in conscience of the lawfulnesse of that oath , and therefore humbly desired his grace , that he might be satisfied , first , in point of conscience errehe tooke it . the archbishop hereunto replied like a learned prelate ; you shall bee satisfied i warrant you , take him laylor to ●…he fleet , where he now is : alas , is this the learned satisfaction , the argumentation , and sole logicke of our prelates , to quiet mens consciences , and remove their doubts . take him laylor , away with him purfevant to the fleet , and that against the expresse petition of right , which enacts , that no man hereafter shall be compelled to take svch an oath , or be confined or molested , or disquieted concerning the same , or for refusall thereof ? was ever such language heard out of our saviours or his apostles mouthes ? take him iaylor , to prison with him , &c. or did they ever give such satisfaction to mens conscience as this ? no verily ; this onely is the divels language , law and spirituall satisfaction , who takes men captive at his will ; as these lord prelates now daily doe , by his example . and as those who are taken captive by the divell , can hardly recover themselves out of his snares againe : so those who are thus uniustly imprisoned and apprehended by them , can hardly recover themselues out of their snares ; such tenacious divells are they . eightly , the divell goeth about like a roaring lion seeking whom he may devoure . 1 pet. 5. 9. iob. 1. 7. c. 2. 2. so doe lordly prelates , their officialls , commissioners , pursevants , and apparitors , especially when they ride about to visit , pill and poll their diocesse ; only this is the difference , that the divell goeth and they ride , and coach it about in state . ninthly , the divell layes snares and trappes to entangle and catch men , 2 tim. 2. 26. rev. 2. 23. so doe lord bishops lay baites , snares , and spies in every corner , especially to intrap and catch , betray or informe against godly ministers & professors of religion , with all other sorts of men of whom they may gaine mony or advantage to themselves , or officers . 10. the divell is , and hath been a murtherer of mens soules and bodies , from the beginning till this present , iohn 8. 44. such have lord prelates beene in all ages from their very beginning to this instant as a●… histories , our bookes of martyrs and present experience manifests . 11. the divell is a lyar , yea the father of lyes , and there is no truth in him , yea when he speaketh a lye , he speaketh of his owne iohn . 8. 44. such are all lorly prelates , in raysing up a false enormous , schandals , tales , reports , accusations , and forged calumnies , of all good ministers and people , in broaching false doctrines , errors , heresies , and forging many fabulous stories , false glosses , miracles , tales , and spurious antiquities , to support their tottering hierarchies and vsurped episcopall iurisdictions ; in being trecherous yea perfideous in all their wordes and actions both towards god and men , especially to their princes , and those who have most relied on them , as all the italian , german , and english stories , writers of the lives of popes and prelates , and mr. tindals practise of popish prelates , testify at large , and present experience much complaines of , there being no such grosse hypocrites , machiavils , equivocators & perfideous faithlesse persons breathing , as some prelates shewe themselves ; and that aswell in divine as temporall affaires and transactions . 12. the divell is an accufer , ( a false ruducing calumniator of the brethren , ) & true saints of god reb. 12. 10. whence , false accusers , are stiled divells , in the originall greeke . 2. tim. 3. 3. such have malicious lordly prelates been in all ages ; and never more then ( (h) ) now ; accusing all godly , faithfull christians , preachers and ministers of the golpell ( whom they and the papists now terme puritains ) to kinges and greate officers of state , of seditions , rebellion , disobedience , disloyalty , treason , schisme , inconformity , conspiracy , vnlawfull conventicles and assemblies , false dangerous doctrines , puritanisme , and the like ; only for their godly , holy , just , and blame lesse liues , their powerfull , zealous , freq●…ent , preaching , praying , the discovering of , or declayming against their idlenesses , lordlynesses , luxury , persecutions , tyranny , covetousenes , secularity , superstitio is popish doctrines , innovations , and intollerable enchroachments both superstitio●…s his majesties ecclesiasticall prerogatives , and the peoples liberties , consciences , and estates . all this their owne and that sworne creatures daily s●…ditious court sermons , and treatises , evidence past all denyall . 13. the divill envied and maligned holy iob , stripped him of his children , cattle , servants , estate , health , and all earthly comforts ; tormented him with botches and blaines from top to toe , and persecuted him with the most extremity of his malice and power ; only because he was a iust man that feared god , neither was there any like him for goodnes in all the earth . iob. 1. & 2. & 3. thus likewise have done and yet doe the lordly prelates serve many of the ●…minentest , best , yea most godly faithfull ministers and christians , whose families and estates they have vtterly ruined , depriving them of their benefices , freeholds ; iectures , ministry , lawful callings ( contrary to the fourth cōmaundment ) stripping them quitte naked of altheir estates by fines , or costly suites , and then casting them into a nasty prison , there to rot and perish , or banishing them the land , and troubling all such godly christians who out of piety or charity dare contribute any thinge to there releife , witnesse the mayer , tounclerke and aldermen of gloster , not long since convented by the now arch-bishop of canterbury , as most notorious offenders before his majesty and the high commission to , only for granting an annuity to their ancient preacher mr. workeman , which they were inioyned by his lord-ships grace to cancell . such cruell , mercilesse , barbarous , inhumane divells are they degenerated into , as to make charity and mercy itselfe to godly ministers , a grievous crime . 14. the divell is full of venome , poison , rankor , wiles , devices , craft , and subtelty , to mischeife and destroy men , seeking and taking all advantages to hurt them . 2. cor. 2. 11. ephes. 6. 11. whence he is called a 〈◊〉 , and an olde sarpent . isay 27. 1. cor. 11. 3. rev. 12. 2. 14. 15. c. 20. 2. soe are the prelates , as ecclesiasticall stories , the booke of martyrs , the history of the counsell of trent te●…ifie and experience evidenceth beyond all contradiction , in our presente serpantine , venemous malicious prelates ( (k) ) wise only to d●… evill , but to doe good they have yet no knowledge ; for ought appeares by their daily practises . 15. the divell is the prince of the world , by vsurpation & tyranny . iohn . 12. 37. c. 14. 30. c. 16. 18. ephes. 2. 2. yea the prince of the darkenesses of this world . ephes. 6. 12. so are lord prelates , who beare cheife rule and sway in al churches and states where they are , dominering like absolute pri●…es , kings , tyrants in most christian realmes , exercising all temporall , all ecclesiasticall dominion at their pleasure , and lording it over al men , yea , over lords themselves contrary to our saviours expresse inhibition math. 20. 25. 26. 27. luke 22. 25. 26. 27. mark. 10. 42. 43. 1. pet. 5. 1. 23. yea which is very observable . bishop , white , in his late epistle to the 〈◊〉 of canterbury , before his treatise of the saboath , london 1635. is not ashamed to appropriate that text of psal : 45. ( inste●…d of thy father shal be thy children , whom thou ma●…st make princes in all the earth , ) to bi●…ops only ; who ( it seemes ) haue now ioyntly conspired togeather in all countries , to make themselves princes in all kingdomes of the earth ; and to engrosse the sole goverment of them and the whole worldinto their spirituall hands , as they conspired in this manner of olde both at home and abroade ; ●…itnesse 37. hen. 8. c. 17. 28. h. 8. c. 10. m●… . tindalls practise of popish prelates , and his obedience of 〈◊〉 chri●…ian man. moreover they are certainly the princes of the 〈◊〉 darkenesses of this world ; both by putting out the glorious lights and preachers of gods word ; and sweeping downe the brightest stars of our church from heaven which their dragonlike tayles , in every place ; by degrees , and by purging this very passage out of the first collect in the last fast-booke : thou hast delivered us from superstition and idolatry wherein wee were utt●… drowned , and hast brought us into the most cleare and comfortable light of thy holy word , &c. of purpose to bring us backe againe into superstitious , romish hellish darkenesse , utterly to drowne both our soules and bodies in it . and are they not then pretty princes , starres and angels of darkenesse ? 16. the divell challengeth all the kingdomes of the world , and the glory of them , as his owne , and by a 〈◊〉 and grant of them , tempteth christ himself●… to full dow●… and worship him , math. 4. 8 , 9 , 10. luke 4 , 5 , 6 , 7. this not only the pope doth , in direct termes , ( as 〈◊〉 crakenthorpe proves at large , in the first chapter of the popes temporall monarchie , ) but the lordly prelates likewise ; who anciently have , and now againe attempt , to sway and dispose of all kingdomes of the world with all dignities , offices , and promotions in them at their pleasures ; and by promise of them , or of bishopricks , benefices , deaneries , and other preferments to them creatures and agents , tempt divers both of the laity and clergie , even against their knowledge and conscience , to fall downe , obey feare , serve , and worship them more then god , then christ , their soveraignes or their lawes , as woefull experience manifests at this day , wherein most men in authority , feare and worship our prelates more then god or the king , and are more carefull to obey , more fearefull to offend their injunctions , articles , edicts , pleasures , then either gods or the kings lawes , as i could instance in sundry particulars , in prohibitions , habens corpora and other actions against the lord prelates , their officers and creatures which i spare to mention . 17. the divel adventured to tempt christ himselfe by severall successive temptations , to drawe him to his beck . math. 4. 1. to 12. luke 4. 1. 10. soe doe lordly prelates , adventure by several wiles stratagems , flateries , promises and faire pretences , ( yea and by perverting the scripture it selfe , as the divell did here with christ ) to tempt kings , princes , nobles , great officers of estate , schollers , lawyers , and all men of note , ( especially the eminent preachers and professors , ) to take their parts , to prostitute themselves to their papall institutions , superstitions , decretalls , pleasures , ceremonies , innovations and commaunds ; and to protect , uphold , aduance their antichristian tottering hierarchie , ( as ancient histories , with present experience , and mr. tindalls practise of popish prelates testifie . 18. the divell would have christ himselfe to fall downe and worship him notwithstanding gods expresse commaundement to the contrary , math. 4. 8. 9. 10. luke 5. . 6. 7. soe our prelates would have all men euen against the lawes of god and the realme to fall downe and submit to them and their antichristian novell ceremonies , articles , injunctions oathes , vsurpation , extorsions , encroachments to bowe and cringe to altars , images , crucifixes , crosses , the sacramentall bread & wine , the ver●… name of iesus &c , and to publish theire declaration ●…or sportes and pastimes on the lords day , coloured only by them with his maiesties name , though really none of his in their parish churches , as if it were gods owne 〈◊〉 & law , to spurre up yea precipitate the people to al manner of disorder , & the profanation of gods owne sacre●… day , to the ruine both of their soul●…s and bodies . ( yea the ouerthrowe of all pietie and religon , ) silencing , suspending , excommunicating , yea suing such in theire consistories , and high commissions , who refuse to puplish it , ( though there be no law or canon for it , ) notwithstanding gods commaundements , and many late examplary iudgments from heauen , ( ●…or which , some prelates threaten to binde god allmighty himselfe to the peace and good behauiour at the next quarter sessions and assizes , expressly prohibit it : soe like are they in this particular to their spirituall father the divill in perswading , enforcing men to fall downe and worship them and their commandments against gods owne heauenly precepts . 19. the divill is a great enemy to the purity of gods word and ordinances , and whiles men sleepe soweth tares among the wheate and good seede to corrupt and mar●…e them math. 13. 24. 25. 38. 39. so doe lord prelates , who sophisticate , pollute , depraue , yea marre the purity of gods word , worship . sacraments , and other ordinances with their idolatrous , superstitious antichristian ceremonies , vestments , genuflexions additaments , mixtur●…s and humane inuentions , and whiles many of our spirituall watchmen are a sleepe and silenced , they have sowne so many popish tares among our wheate that little else but tares appeare now upon the ground , & by that time harvest comes , if men awake not the sooner , we are like to reape nothing but a crop of these pernitious tares insteed of wheate , being already ledd by some leading prelates ( like the sirians by the prophet elishah into the midst of samaria 2. kings . 6. almost into the uery midst of roome like persons hoodwinckt , before we are aware of it ; as all whose eyes god hath opened plainely se. 20. the divell hinders gods ministers to goe and preach the gospell to the people that they may be saued 1. thess. 2. 8. so doe the prelates now by suspending , silencing , excommunicating , imprisoning most of the best and powerfullest ministers , and forbidding them to preach unto the people , that they might be saved ( yea even in the times of pestilence and mortallity ) to fill np their sinnes allway , ●…or the wrath is come upon them to the uttermost . 1. thes. 2. 16. 21. where the divill cannot hinder the preaching of gods word altogether , there he comes and steales it away presently out of mens harts and mindes , as soone as it is sowen , that so it may take no roote , and bring forth no fruit at all . math. 13. 19. so lord prelates , where they cannot altogether suppresse the preaching of the word , doe ( just-like the divell ) indeavour pr●…ntly to catch and steale it out of mens hartes , by giuing them liberty on the lords owne day , as sone as ever the sermon is ended , to fall to their may-games , morisses , dancings , sportes , and pastimes , ( practise condemned in expresse termes long agoe by clemens alexandrinus , pedagogil . 3. c. 11. tertullion de spect●… lib. & chrisostom h●…m . 5. in math. and by all divines of note since their age tot his , as hellish , heathenish , diabolicall , impious , and pernitious , depriving mens soules of the benefit of all gods ordinances ) and by prohibiting them to meete together to repeate their ministers sermons with their freinds , neighbors , and families punnissing them for conventicles if they doe it , contrary to st. paules , st. chrisostoms , theophelacts , caesarius arelatensis , bishop iewells , dr. boyes , mr. iohn sprintes , bishop , baglies , and all other diuines doctrine that i ever read or heard of , ( yf not to the canons , 1571. p. 16. & 1602. can. 13 & 79 ) who much vrget his repetition of sermons as a necessary dutie on all christians , though of divers families ) a stupendious straine of atheisticall profanenes , and desperate impeity which no prelates ever aspired to , before these of this last impious age , in affront of al the prelates and clergie of england in h. 8. his dayes , who prescribe and vrge it much to these nouellers eternall shame . 22. the divi●…l to worke his owne divellish ends and designes , will sometimes transforme himselfe into an angell of light , though he be still a divell in truth 2. cor. 11. 14. so the prelates ( the archest hypocrites breathing ) will sometimes doe the like , putting on a counterfeit vizard of pietie and holinesse , to cloak their divelish designes , seeming , angells of light in shewe , when as they are still meere divells incarnate in verity : as appeares by seuerall popes , by thomas of becket , anselme , edward , thomas , and william , of canterbury , with divers of our anuncient english , and late out landish prelates , whose lives are at large related in antiquitates ecclesiae britanicae , malmesbury & godwyn , in the 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13. centuries of magdeburg ( cap. 6. 7. 10. of each ) in crantzins ●…is metropolis , catalogus testuum veritatis , auealini an : boiorum , & others ; who manifest lordly bishops in all ages , to have been the greatest pypocrites , dissemblers , schizmatickes , atheists , traytors , rebells , villaines , and monsters of impiety , under the pretence of sanctity , that ever had existence in the world ; as you may there read at leisure ; and in doctour iohn white his way to the true church sect. 55. n. 9 , 10. sect. 57. n. 9 , 10 , 11. sect. 38. n. 45 , 6. and defence of the way , c. 6. 23. the divell is a proud insolent domineering spirit , falling ( as most hold ) by this sinne of pride and arrogance 1 tim. 3. 6 , 7. isay. 14. 12 , 13 , 14 , 15. such and no other are the lordly prelates , witnesse all stories present unanswerable experience , and the common proverbe . as proud as a prelate they being the most arrogant , insolent , domineering , proud , ambitious , luciferian generation of all the sonnes of men , trampling all others under their lordly feet ; when as if they were christs members or disciples , they should bee the lowliest and humblest of all othes both in heart and conversation , as hee was math 11. 29. an infallible character that they are none of his institution , but the divels , whose pride they imitate , equall , if not transcend , and which sinne ( no doubt ) will shortly ruine them , prov. 16. 18. as it did their father the divell . 24. the divell entred into iud●…s ( christs lord treasurer . iohn . 12. 6. 13. 29. ) and moved him for 30. peeces of silver to betray his m●…ster math. 26. 14 , 15. marke 14 10 , 11. luke 22. 3 , 4 , 5 , 6. iohn 13. 17 , 18 , 19. c. 18. 3. so these lordly prelates , for hopes of honour , money , or preferments sell and betray even christ himselfe , his word , truth , gospell , saints , members , to the pope , yea the divell himselfe , or any that will hire them to doe it : nay hundreds of them ( both at home and abroad ) have for lucre , honour and money , betrayed , murdered , deposed , conspired , and rebelled against their owne soveraignes , ( emperours , kings , and princes ) ( such notable treacherous varlets have they beene in all ages ) as sundry stories manifest at large ; yea in former ages , and this present too , they insinuate into mens heates , with p●…omises and rewardes , causing servants to betray their masters , wives their husbands , children their parents , people their pastors , nay one minister , one professor ( at least in 〈◊〉 ) another , and cause one friend , one neighbour to accuse , intrappe , and betray another , whom they malice for their grace and goodnesse , or any other occasion ) that so they may persecute , hamper , ruine them in their ecclesiasticall or high commission courts , or crush them by their temporall power and greatnesse at their pleasures , by putting them from their freeholds , and lawfull callings , confining them to some prison , or forcing them to flie the land , in case they stoope not to their lusts in all particulars ; as hundreds of late presidents , manifest a●…●…ull . 25. the divell doth buffet and binde gods servants , till christ by his infinite power doth loose them 2. cor. 12. 7. luke 13. 16. so have done , and yet dayly doe lord prelates buffet and binde gods people by their censures , excommunications , officers , pursevants , iaylo●…s , till christ by his omnipotent power shall rescue and deliver them from this their tyranny . 26. the diuell filleth mens hearts to lie to the holy ghost acts 5. 3. so lord prelates with promises and perswasions do the like , by suborning their instruments in their writings and sermons before kings , princes , vniversities , and the most eminent assemblies , to maintaine their episcopall iurisdiction , lordlinesse , pompe and power , their superstious popish ceremonies , altars , crucifixes , tapers , genuflexions , conservations , adorations , &c. to bee all iure divino warranted an●… prescribed by gods law and word , of purpose to deceive the auditors ( when as their consciences know t●…e contrary to bee true , and that they lye against the holy ghost in what they preach and write ) and to forge divers notorious fables and calumnies of puritans precizians and godly christians out of their owne poeticall braines ( as false as any figments in the golden legend ) to bring both them , the practise , power , and profession of religion into publike scorne ; that so popery , atheisme , and profanenesse may overflo●… the world , a dangerous ( yet now a common ) sinne and practise , which i wish the guilty would reforme by ananias and saphirahs exemplary punishments for this very sinne , acts 5. 3. to . 10. 27. the divell tempts and encourageth men to all kindes of sinne , of wikednesse , and to disobey all gods commandements , gen. 3. 1. to . 7. to ●…cleanenesse . 1 cor. 7. 5. to cruelty and implacablenesse 2 cor. 2. 11. to wantonnesse , worldlinesse , lasciviousnesse , profanenesse , and fleshly lusts ephes. 2. 2 , 3. 1 tim. 5. 15. besides murther , treachery , lying , and other forenamed sinnes . so doe the prelates ; witnesse their many late vngodly , superstitious , licentious bookes and practises , to spurre men on to popery and superstition , but especially to profane the saboath , to use dancing , morrisses , may-games , erect ales , may-poles , bacchavalls , drinke , swill , and play the epicures , the pagans , even on gods owne sacred day ( and that whiles we lye all under gods scourge & plagues for this very sinne ) to tumble them headlong into hell , and draw downe all gods wrath and plagues upon us from heaven at once , to our speedy certayne ruine . take but one fresh instance of this kinde : master skinner the bishop elect of bristoll , this last s●…mmer even in the heate of the plague , invited one sir garret ramsford ( a prisonner in the kings bench ) with his lady , to dine with him at his countrey house on the lords day , and charged them not to fayle him , for they would bee very merry ; they came accordingly , and his elect lordship , according to promise was so merry , that hee called for bristow milke ( strong sacke ) to season him for that diocesse , and sucked it up so freely , that hee had almost got the staggars ; and his men seeing their new lord set upon so merry a pinne , plied him so fast with it , that at last he bad them take away the sacke for feare they should kill him with it , and what then should his majestie doe for a new bishop ? ( as if enough would not bee reddy to succeed him , if hee were gone ) : well , their company was so good , that they must stay at supper with him too ; they did so , and they were very merry ; supper ended , his lor●…ship cals for a paire of cardes , and to play they must all goe ; sir garret thereupon answered , my lord i thinke you are of their opinion who hold , that the saboath endeth at six of the clocke , that you will now goe to cardes , for i hope you will not play upon the saboath : no ( saith hee ) i am not of that opinion ; but his majestie cōmandeth us to play on this day . a notorious untruth ; for where ( i pray ) commandeth his majestie , or alloweth b●…shops or ministers to play at cardes , or dice , or tables on the lords day , when as he commands ; that nothing bee done against the lawes aud canons of the church , in that very declaration they would father on his highnesse , and the 73. and 74. canons expressely pro●…ibit bishops and ministers to play at cardes , dice or any other unlawfull games on any day , much lesse then on the lords day , which the 13 canon , and the homilie , of the time and place of prayer , with 5. & 6. e. l. c. 3. and his majesties prime act. 1. carolic . 1. will inf●…rme them ought otherwise to be spent then in carding , playes and pastimes . sir garret replied , that hee conceiued , it was against the fourth commandement : and that his majestie neither would nor could command any thing against gods law ; or if he did ; we were not to obey in such cases . his lordship replied , that the fourth commandement was ceremoniall and abrogated long agoe . so ( said sir garret ) you may say as well of all the rest ; and if his majestie should command any thing against the other 9. would you obey it ? that ( said his lordship ) wee must dispute when there shal bee occasion , ( intimating , that if his majestie should command any thing against a●…y of gods commandements ( which wee trust hee will never doe ) the bishops would obey it without any great dispute . ) well , sir garret would not play at that time , and thereupon the cards were sent backe againe . and is not this a man ( thinke you ) like to make a very ho●…y prelate ? it may be so , for hee hath since beene consecrated ( and that with some new popish ceremonies as is reported . ) and in truth he needed a consecration , for i remember well , when hee was fellow of trinity colledge in oxford , hee after pretty bes bauger so long , that he begate a strong kinde of spurious tympany in his belly , for which i never heard , hee did any pena●…ce , or made any purgation ; but his consecration ( doubtlesse ) hath purged this and all other his sinnes cleane away : such holy examples are lord prelates , whose doctrine had need convert mens soules , for few of their lives will doe it . 28. the divell stirreth up kings to offend god , to the destruction and prejudice of their subjects 1 chron. 21. 1. and rayseth discordes and dissentions and disaffections betweene kings and their subjects iudges 9. 23. and haue not lordly prelates aunciently , yea lately done or endeavoured at least to doe the like in germany , france , that i say not in england too ? their chiefe practise 〈◊〉 allwayes bee●…e to ali●…nate subjects affectiens from their kings , by putting them upon unjust taxes , 〈◊〉 , projects , monopolies , oppressions , in●…ations ; by giving them evill counsell , by ●…opping the course of lawes , of common right and iustice , of the preaching power and progresse of the cospell , by advancing idolatry , popery , 〈◊〉 , with their owne intollerable 〈◊〉 and lordly iurisdiction , by fathering all their unjust 〈◊〉 u●…on kings , &c. and on the contrary to estrange the ki●…gs hearts ●…om their subjects , by false calumnies , by sedicious court-sermons and by infusing jealousies and discont●…nts into their heads and hearts against their best and loyallest subjects without a cause ; a divellish practise never more used then in these our dayes . 29. satan will not bee devided against satan for feare his kingdo●…e should not stand math. 12. 10. so these lordly prelates wil never be devided one against another in point of their antichristian iurisdiction pompe , and hierarchie ( which they all concurre i●… , though they have oft many deadly personall and particular fendes one with another ) nor yet against the pope or devells kingdo●…s ; for then their o●…ne kingdome ( a branch and me●…ber of the p●…pes and divells , as many of our godly m●…rtyrs and writers have reso●…ved ) should soone fall to ruine . 30. the divell ( that red-dragon ) had seven crownes upon his head revel . 12. 3. to shew his royall power . so have the popes and other prelates , crownes and miters o●… their pates , to testify their royalty and lordly do●…inion over kings and others , as they vaunted in d. ba●…twicks censure . 31. the divell had a seate and throne in the church of pergamus , wherein hee sate in state revel . 2. 13. so have the prelates in their cathedralls and chappell 's ; ( as they then also boasted : ) yea their great cathedralls are but ch●…ires for these great two legged foxes lordly tayles to sit in ; 〈◊〉 a lesser meaner chayre did then c●…ntent the divell , who now sits in greater state , and is farre better served and attended in our cathedrals then ever hee was in the church of perga●…us . 32. the divell ( that red-drogon ) with his tayle drew the third part of the starres from heaven and cast them to the earth , revel 12. 4. so have lordly prelates ( the tayle of that fell dragon ) anciently , and of late times swept downe the third part or more , of our starres ( to wit , of all our faithfull , powerful , pain●…full , zealous ministers ) f●…om heaven ( to wit , from their pulpits and ●…hurches ) and by their suspensions , excommunications , imprisonments , deprivations , suppressing of lectures , persecutions , &c. have cast them to the ground , nay trampled them under their dragon-like pawes , depriving them of their office and benefices ; thereby robbing god and christ of the glory , the poore peoples soules of the fruit and comfort of their ministry , to their greatest griefe . 33. this greate red dragon , ( the divell ) stoode before the woman ( the church ) which was reddy to be delivered of a man-childe , for to devoure her childe ( her spirituall regenerate children ) as soone as it was borne . rev. 12. 4 , 5. thus those lordly prelates doe ; no sooner can the church be reddy to be delivered of a man-childe , of a godly faithfull pastor , new minister , or zealous christian , but these great redd scarlet dragons , ( w●…o can suffer dumbe dogges , deboist , licentious , dissolute drunken , scandalous ministers and supersticious popelings to sit still and doe what they list , without danger or countroll ) are at hand ( like p●…aroah , and the divell ) to devoure , silence , suppresse , pers●…cute , and destroy th●…m as s●…one as they are borne , or ●…ginne but once publiquely to appeare in the world ; as experience too well ●…ifieth in most places , where a godly minister or christian can no sooner shew his head or beginne to doe god faithfull service but they presently lay trappes and snares to hamper , or send apparitors , pursevants , with such other hellish furies , to seize upon them , that so their lordships may swallow them all up at a bit ; yea if any good booke shall beginne to peepe out against their tyranny , prelacy , and innovations , howses , shipps , studdies , trunks and cabinets must be broken up and ransacked for them : such ravenous red●… furious dragons are they , and such open wide sepulchers are their devo●…ring throates to swallow 〈◊〉 all things that any way make against them . 34. this dragon , and his angells make ware in heaven fi●…hting with michaell , ( to wit , our saviour christ ) and his angells rev. 12. 7. soe the lordly prelates and their angells ( to wit , their deanes , arch-deacons officialls , chauncellors , commissaries , surragates , advocates , proctors , registers , pursevanst , sum●…ers , apparitors , & howshold chaplaynes too for the most part ) have in al ages to this very moment , made warre in heaven ( gods church militant ) with christ and his angells , to wit , his faithfull , po●…erfull , godly ministers ; preachers , saints , and servants ; as all histories , ages witnesse , and now this battaile seemes to be at the hottest , here amongst us , more godly ministers h●…ving been silenced , suspended , deprived , driven from their ministry , & chased out of the realme within these 5. yeares , though conformable to the established doctrine and discipline of our church , then in many ages before . 35. when the divell co●…es downe among the inhabitants of the earth , and of the sea , then woe be to them rev. 12. 12. soe woe be to the kingdomes , churches , and people , where lord prelates come and beare most sway amongst them , witnesse our booke of martyrs , and chronicles of england ; & to these diocesse wherein they domineere ; witnesse norwich diocesse and others at this present . 36. when this dragon , and the divell was cast out to the earth , he persecuted the woman ( the true church of god ) rev. 12. 13. so have these lord prelates in all ages ; ( as the bookes of martyres record at large ) since they were cast out of heaven ( christs true spirituall church ) for their lordly pride . 37. when the dragon saw the woman had such swift winges given her , that shee escaped his hands , and fledd into the wildernesse , out of his reach and danger , where shee was nourished for a time , then he cast out of his mouth a floud of water after her , to devoure & drowne her rev. 12. 14 , 15 , 16. so these lord prelates , when any godly ministers or christians have escaped their lordships , their apparitors , pursevants , or other cathpoles hands by flight , or otherwise ; power out of their mouthes a floud of execrations , excommunications , intimations , suspensions , maledictions , reproaches , obloquies , and outragious censures against them , to devoure and over whelme them ; yea excommunications with agravations , that no man shall buy , sell , trade , eate , drinke , or have any conversation with them ; an hellish antichristian , tyranny lately practised , and revived ( against all lawes and statutes of the realme ) against 4. men in norwich , only for not bowing at the name of iesus ; and against mr. samuell burrowes of colchester , for indicting parson newman for enforcing the people up to his new rayle to receive . 38. the divell , if stoutly and manfully resisted , will flie from us , ever raging ( like a coward ) over those with greatest extremity , that make the least resistance 1 pet. 5. 9. iames 4. 7. thus doe these lordly prelates ; where they are stoutly and manfully withstood in their tyrannicall exorbitant procedings vsurpations , and incroachments , by men of courage , there they ( for the most part ) flie , & giue over ; these ever fareing best , that most manfully oppugne them : where they are crowched , bowed , and basely submitted to , or faintly resisted , or not opposed ( as late experience too well manifesteth ) there they rage , tyrannize , triumph most , and make strange havock in the church . yf ministers , or people then will ever be free from the tvranny , bondage , insolency , rage , or desperate oppressions , the unjust illegall excommunications , suspentions , exacted fees , visitation oathes , articles , ceremonies , innouations , citations , procedings of these outragious divells , made in their owne names and rights alone , under their propper seales , without any patent or commission from his majesties authorizing them ( contrary to the expresse statutes of 25. h. 8. c. 19 , 20 , 21. 26. h. 8. c. 1. 27. h. 8. c. 15. 31. h. 8. c. 9 , 10. 32. h. 8. c. 26. 37. h. 8. c. 17. 1. ed. 6. c. 2. 1 , el. c. 1. 2. 5. el. c. 1. 8. el. c. 1. 13. el. c. 12. ) or from their high cō nission ex officio oathes , pursevants , imprisonments and fines , contrary to magna carta c. 29. the petition of right . 1 eliz : c. 1. ( on which their commission is grounded 3 ●…oli . and the lawes and statutes of the realme ( as their very last high commission it selfe expressely resolves ; and therefore add a non obstante , these their ex officio oathes , imprisonments . fines , and censures bee contrary to the lawes and statutes of the realme ; such is the prelates iustice , conscience , piety , fatherly charity , and obedience to his majesties lawes , to foist such a desperate papall non obstante into their high commission ) : let then them manfully , couragiously , unanimously resist and withstand them to the uttermost of their power , by all just , warrantable , lawfull meanes that may bee ( as loyalty to their king & countrey , charity to themselves and their posterity , and conscience towards god , enioyne them ) and then these base-borne , ignoble , cowardly , mushrom lords and divells ( animated , flushed , enraged , only by mens former cowardise , faint-hartednesse , and strange unchristian sordid basenesse ) will flee away shortly from them , and never assault or oppresse them more , in such a tyrannicall , uniust , illegall manner , as they have lately done ; as phil : 1. 27. iam. 4. 7. resolve and certifie us for comfort and encouragement . 39. there is , and hath been from the fall of adam , to this present , a bitter , perpetuall , implacable enmity and warre , betweene the old serpent ( the divell ) and his feed , and christ the seede of the woman , his church , and her seed , the elect and regenerate saints of god : genes . 3. 15. so hath there beene betweene the lordly prelates , their officers , spawne , and generation , and christ and his true spirituall seede and faithfull members , even from their first originall , till this present ; witnesse the desperate enmity , the implacable malice , and horrid cruelty of the ancient lordly arrian court-bishops towards the orthodox christians of old ; of the popes , and popish prelates to the true ministers , professors of the gospell , and protestants ; and of the ceremonious ; pompous , lordly english lord prelates towardes the puritans , and precisians ( as they ) nickname them ) the powerfull , painefull , zealous , godly preachers , ministers , and christians since ; of all which , our bookes of martyrs , with other ecclesiasticall histories , and late treatises give ample testimony , which present experience cannot but subscribe to . 40. the divell is a malicious malignant spirit whose malice is never satisfied , ended , mittigated , or appeased , but with the ruine of the parties maligned : as appeares in iob. 1. 13. to 22. c. 2. 1. to 8 : where he could not be satisfied with the destruction of iobs children , oxen , asses , sheepe , camells , servants , and estate , but he would have had his life too ; and when that could not be obtayned ; yet he would torment his body with sore painefull boiles from the crowne of his head to the sole of his foote . so lordly prelates malice and rankor against gods faithfull ministers , is endlesse , boundlesse , implacable , they cannot be content to vex , molest , and trouble them with causelesse suites , vnlesse they silence & stop their mouthes : when that is done , they are never quiet till they have quite deprived them of their livings and ministry , stripped them of all their lively-hood , cast them into some nasty prison , or bannished them the realme : when this is acco●…plished , yet is not their rage abated , nor their malice extinguished ; euen in prison they will keep an hard hand against them , use them with all de●…pit and rigor , depriue them as much as may be , of all releife , resort , and comfort , seeke out new occasions to vex and persecute them , but if perchance they escape beyond the seas , and get out of their clutches ; then they persecute them ( as the high preists did the primitive christians ) euen into strange cities and countries acts 26. 11. raising up fresh troubles and stormes against them by their catholike agents , even there , to destroy them ; as they did against mr. tindall , and other martyres of olde ; and against some of our godly ministers of late , being never at rest or peace , till they have either sucked their bloud , or seene them dead in their graves ; a truth too apparant by many present examples fresh before our eyes . 41. the divill hath his angells , his ministring spirits , and spirituall sonnes to doe his service , advance his kingdome , and execute his commandements math. 25. 41. iohn . 6. 70. c. 8. 44. 1. iohn . 3. 8. 10. yea , to perswade men to worship the divill and idolls of gold and silver , and brasse , and stone , and of wood , which neither can se , nor heare , nor walke rev. 9. 20. math. 4. 8. 9 , 10. luke 4. 5 , 6 , 7. 1. kings 22. 28 , 29 , 30. so have lordly prelates their angells , their spirituall sonnes , and ministring spirits , to execute their severall injunctions & commandments : their angells , ( to wit ) their howshold chaplaines ( now knowne (h) apostate angells from their first faith love and workes ) and their spirituall sonnes , to wit , their preists serving at their ●…ew erected altars , ( as themselves now pray , write and preach , who now call themselves the sonnes of the church ; to wit , of the bishops ) who like an oven heated by the (i) baker , send out nothing but black fiery (k) coales from the altar , with which , their owne tongues , and others (l) lips being touched , by these greate seraphins commandments ( according to their usuall formes of prayer , before their sermons ) insteed of crying out against the idolatrous altlas of bethell ( as the man of god once did by gods speciall commandment in the very presence of k. ieroboam 1. king 13. 2 , 3 , 4. ) they doe nothing else but preach and cry out for altars , setting up of altars , images , crucifixes , tapers , with other altar-trinkets , even before our most gracious king himselfe ; and (m) bray like a wild asse , or rayle and scolde like oyster women , against those who preach for lords tables ( which they beginne now againe to terme (n) oysterboardes , as that turne coate , dr. white with other papists did in ●…u . maries dayes , when they did set up popery afresh ) or oppose their popish idoll-altars , and the turning of our tables altar-wise : and not contented to set up altars , and crucifixes , against our statutes , articles , homilies , canons , injunctions , established doctrine of our church , to which they have subscribed , yea against the very booke of common prayer itselfe ; ( which prescribes only a table , not any altar ) they crease not to preach continually at court , paules-crosse , in both our vniversities , and else where , (o) that men 〈◊〉 and ought to bow downe and worship the golden images , the stately guilded altars , cru cifixes , images , which their greate (p) nabucadonozer , the lord prelates , have set up in their owne chappell 's , cathedralls , and other churches , ( as if one stone , stock , image , or dumbe idoll , might not fall downe and worship another alone , but all else must imitate their example , as the rule of faith and worship ( and themselves bow downe and worship before them , as the idolatrous isralites and pagans did before their idolls and altars 1. kings 12. 30. 2. king●… . 18. 22. 2. kings 5. 18. besides these angells , and spirituall sonnes ) who preach nothing now all most but their lordships (q) commandement●…●…de of gods ) they have divers ministring spirits ; as arch-deacons , commissaries , pursevants , apparitors , ●…ilors , registers , informers , aduocates , proctors , spies , and notaries in all places , to set up al●… , 〈◊〉 , 〈◊〉 , impose and prescribe n●…w ceremonies , injunctions , oathes , orders , articles , to suspende silence , excōmunicate , imprison , intrap , wailay , betray , persecute , fleece , and ruine all godly ministers and people , and advance their lordships monarchie , honour , pompe , state , raveuewes , kingdome , and cause al men to fall downe and worship them , like som●… petty gods descended from heaven , and their antichristian fond injunctions and popish innovations , as gods sacred oracles : so like are they to their father the divell in this resemblance . 42. the divell was a lying spirit in the mouth of aha●…s prophets ; to perswade him to what they pleased , against gods word & true prophets , &c. to advance his owne designes : 1. kings 22. 22 , 23. so our lord prelates anciently were , & now are as much as ever , lying spirits in the mouths of many false prophets ( and i would wee could not say , in most of his majesties chaplaines in ordinary , and others that preach before his highnesse , and in other publike places ) who preach nought else but their (r) lordships pleasures , and those words , those precepts , they cunningly put into their mouthes , ( as the (s) woman of tekoah spake ioabs words to david ) to accomplish their owne antichristian designes , advance their owne power and hierarchie , and cause all men to adore them as the only gods , lords , and oracles on the earth . (t) maximus tirius records , that one p. sapho dwelling in the parts of libia , desirous to be canonized a god , tooke a sort of prating birds , and secretly taught them to sing , p. sapho is a great god : and having their lesson perfectly , hee let them flie into thee woods and hills adioyning , where continuing there long , other birds also by imitation learned the same , till the hedges rang with nothing but p. saphoes dittie , great is the god p. sapho : the countrey-people hearing the birds , ( but ignorant of the ●…raud ) thought sapho to be a god indeed , and beganne to worship him . this ●…ame not only hath beene , but now is , both the popes , and lord prelates practise ; who desirous to effect their owne ambicious ends , advance their owne pretended divine power , iurisdiction , hierarchie , and to bee adored and obeyed in all their antichristian innovations , injunctions , and designes , as gods , with sweet promises of preferments ( which they have now for the most part monopolized into their owne hands ) they procure a company of bold audacious prating birds ( or bussards rather ) in our vniversities , and elsewhere , with their owne domesticke chaplaines , to learne these notes by heart , that the calling of lord bishops is iure divino ; that the holy fathers the prelates are to order all church-affayres , and to bee (v) obeyed in all their injunctions and commands without dispute : that they have power to decree rights and ceremonies , and authorities in controversies of faith , a clause lately foysted by them into the 20 article of our church , ( being not in the latine , or english articles of king edward the fixt , queene elizabeth ; nor those of ireland , taken verbatim out of the english , that we must have images , crucifixes , altars , preists , sacrifices ; that men ought to set their altars and tables altarwise at the east end of the church , & to bow downe vnto them and worship them : that they ought to bow at the naming of iesus , stand up at gloria patri , the gospell , athanasius , and the nicene creede , read , the 2. service at the altar , pray with their faces to the east , submit to the lord prelates in all matters of faith and discipline , beleeving as they beleeve , and doing as they doe : that they must allwayes declayme and crie out thus against puritans ( as they now doe in all their sermons ) that they are sedicious factious persons , enemies and rebells to the king and his lawes , ( when as the bishops themselves meere hildebrands ●…oth in church and state , are such ) meere hipocrites and imposters , men farre more dangerous and vnsufferable in the state then preists or iesuites : that they must magnify auricular confession , extreme vnction , and absolution , as things fitting to be received in the church : maintayne a reall presence in the sacrament : deny the pope to be antichrist , or his ceremonies to bee antichristian : crie up the use of dancing , sports and pastimes on the lords day : crie downe the strickt ●…anctification of it as iewdaisme , superticious , and puritanicall : preach against lectures , lecturers , often preaching , and sermons on the lords day afternoone , as meere babling , pratling , and * foolishnes ; with a world of such like songes , all which these their prating iayes having perfectly learned some two or three yeares since , they sent them abroade , not only into the woods , hills , and dales in the country , but also vnto the court , citie , vniversities , and places of greatest refort , to chaunt , and ●…oare out these their episcopall ditties ; where these singing birds ( or decoyes rather ) have so well playd their parts of late , by preaching , printing , and chanting out these their lessons , in citty , court & country , that other birds also ( by imitatiō ignorance , or hopes of like preferments as some of these first decoyes ha●…h attayned to , ) fall to ●…nge the self same ditties euery where , as fast as they ; so that now our cathedralls , chappell 's , churches , pulpits , ringe of little else but these episcopall tunes and songes : which the people daylie hearing every where ( being ignorant , of the prelats fraud and practise herein who taught those birds these tunes , of which i now desire all to take publique notice , ) begin to thinke lord prelates , and all these their romish doctrines , ceremonies , and innovations , to be of divine institution , and that their lordships are to be obeyed in all things without dispute , as if they were gods indeede ; wherevpon , they now fall downe & worship them as some petty , yea the greatest gods ; and these their antichristian doctrines , c●…monies , innovations , as gods sacred oracles and institutions , they being farre more happy then p. sapho , in this their stratagem ( worthy most serious consideration and discovery . ) that hee deceived only the , simple country people with this policy , but they , not only country-clownes , but citizens , schollers , courtiers , and some great nobles too i feare ; who upon the discovery of this their diobolicall fraud ( they speaking in these prating birds , though dumbe for the most part themselues , and singing the self same ditties when they speake , as the (x) divell spake of old in the serpent ) will no doubt vndeify them againe , and esteeme them but as men , or heathenish idolls , not worthy adoration or any longer credit ; and all these their innouations , romish doctrines and ceremonies , as meere iesuiticall impostures . 43. the divell desires to have all faithfull christians in his clutches ( especially the eminentest ministers and preachers of the gospell ) that he may fift them like wheate to the very branne , to finde an hole in their coates , or an occasion to destroy them . luke 22 , 31. so have lordly prelates desired and done the like in all ages , and still persist to doe it ; wee need not goe farre for presidents to exemplify it , there being never an eminent sincere minister of england whom the prelates have not thus winnowed , and laid traps for ; and persecuted more or lesse . 44. the divell wo●…keth most of all , and beareth greatest sway in carnall fleshly men , and in the children of disobedience . ephes 2. 2 , 3. * soe doe the prelates worke most in , with , by , and upon meere formallists , licensious , dissolute , carnall men and ministers , and those who are most disobedient to the lawes of god , of christ , of kings and temporall majestrates , whose iurisdictions they have ever laboured to ecclipse abolish & tread quite under foote , as one of our kings , and our whole parliaments have resolved in 2. publique acts. 37. h. 8. c. 17. & 28. h. 8. c. 10. 45. the divell commeth armed with all power , and signes , and lying wonders , and with all deceiveablenes of vnrighteousnes 2. thess. 2. 9 , 10. so doe the popes , and whole ●…able of lordly prelates , ( as the apostle there resolves , ) who came armed against gods church and people both with the temporall and spirituall sword ; with ecclesiasticall and civill officers , pursevants , somners , censures , punishments , ter●…ors , and vexations of all sortes ; with signes and lying wonders ( of which we have many instances in popish legends postils and stories old and new ) and with all deceiveablenesse of vnrighteousnesse ; as costly ornaments rich apparell , guilded images , stately churches , pallaces , altars , altar-clothes , sweete sounding organs , and church musike , gay 〈◊〉 , specious pretences , superstitious hipocriticall devotions &c. apt to cheate and ensnare all ignorant carnall people , the only deuices by which they maintaine , support , and increase their pompe , wealth , state and lordly power as bernard longue since resolved , in his apology to william abot . 46. the divell doth by himselfe and his instruments endeauor to enchaunt and bewitch men , to worke them to his will levit , 20. 6 , 27. 2. sam. 28. 1. to 12. 2. chron. 21. 6. 2. chron. 33. 6. thus he bewitched the people of samaria for a long time by symon magus his sorceries acts 8. 9 , 11. thus he bewitched the gallatians by false prophets , that they should not obey the truth gall. 3. 1. thus he permitted the emperor (y) charles the greate to be bewitched by a notable strupet with an enchanted ringe , having a pearle with some strange imagery graven thereon , so that he could never be out of her company , or deny her any request whiles shee lived , nor yet suffer her corps ( embalmed wrapped up in lead and carried about after him whether ever he went ) to be out of his chamber or presence , when she was deed , till the ringe was pulled of her finger , in such sorte hath the antichrist of rome the (z) pope , and popish prelates , heretofore enchanted divers kinges and others with their sorceries and conjurations , to cause them to give up their royallpower & prerogatives to these beasts , as rev. 17. 2 , 17. c. 18 , 9. 28. h. 8. c. 10. mr. tindall ●…n his practice of popish prelates and officers . relate . thus did the (a) greate cardinall , favorite woolsey , with negromancy , and an image made by sorcery , which he wore about him , enchant king henry the 8. to bringe him to his beck , which made the king to doate upon and run haunt after him , more then ever he did on any lady or gentlewoman , so as the king after that , began to follow him , as he before followed the king , by meanes whereof , he ruled all things at his pleasure , till his blacke arte did faile him ; hereupon perchance ) it was , that this king afterward made an acte against conjuration , witchcrafts , sorcery , and enchantments to procure vnlawfull love &c. an. 33. h. 8. c. 8 , this arte hath been practised by many preists and iesuites here in england of late yeares , upon diuers of their proselites to seduce them to their faith , of which (b) m. gor , regords two stories practised upon a couple of seduced maydes , i could add two later , practised upon two gentlemen ( the one a young devonsher man , of good estate , so bewitched with an enchanted crucifix hing by a preist about his neck , above 9. yeare since , that as long as it cōtinued about him , al his frinds could neither perswade , nor force him either to goe to church , or stay at home , or continue in the realme , or to discourse or converse familiarly with them ; but no sooner was it espied , and cut of his neck by his mother ( who beleeved it to be a charme , ) but he was presently another man , & wondred how he could bee so strangely bewitched as he was for above 3. monthes space besore ; wheither any of our great lord prelates have learned this arte from their familiars , preists and iesuites ( who haue charmed all their zeale and prosecutions against them , and turned the whole streame of it against the godlyest ministers and people , whom they revile and persecute under the name of puritans , ) i leave to others to inquire after , who are more priuy to their secrets then my selfe ; yf they have , i shall only desire them to remember , that surely there is no enchantment against iacob , neither is there any divination against israell . numb . 23. 23. and if they have bewitched any men with any their sorceries , flatteries , misinformations , false delusions , or enchauntements , to up hold their lordly pompe and greatenesse or superstitious romish innouations , yet this infernall craft ( like vntempered morter ) will vndoubtely fayle them ar the last , and them shall they ( like their father satan ) fall suddainely and fearefully from heaven to earth , like liteninge luke 10. 18. yea the●… , with all their vsurped power , lordlynes , po●…pe , state , glory , and multitude , shall forever descend into hell. isay 5. 14. as to their propper place . acts. 1. 25. 47. the divell is an importunate suitor , who will hardly take any refusall or denyall of his suite ; a diligent so●…icitor and vigilant prosecutor of his designes , overslipping no oportunity or meanes to atcheive ●…is ends , and an impudent shamelesse miscreant , who will never bee shamed , daunted , terrified by any detection , discovery , or publique dislike of his mischievous wiles , plotts , and attempts against the ministers , people , o●…dinances , gospell , kingdome of god and christ ; as appeares by iob 1. 13. to . 22. c. 2. 1. to . 10. math. 4. 1. to . 10. ephes : 6. 11 , 12 , 16. 1 pet : 5. 8 , 9. so the lordly prelates are importunate suitors to princes , and others , for the advancement & preservation of their hierarcie , usurpations , iurisdictions , ceremonies , and the suppression of the purity and power of religion , in which they will have no denyall or foyle ; they are most vigilant , diligent , and earnest solicitors , loosing no 〈◊〉 , sp●…ring no cost or paynes , or promises , to effect any thing that may make for the advancement of their proffit , honour , power & iurisdiction , or suppression of the puritans ( as they terme them now ) as their late encroachments upon his majesties prerogative , the subjects liberties , the common lawes , and other officers witnesse , yea , they are impudent , shamelesse , most audacious brazen-faced creatures , who will neither blush at , give over , nor desist the prosecution of their impious popish designes , though publickely detected to all the world ; witnesse our present experience : for though the execrable romish , ●…esuiticall practises of some of our lord prelates to usher in popery , superstition and idolatry , ( as by licensing popish and s●…perstitious bookes , purging and altering the common prayer-booke , ●…ast-booke , and gun-powder-treason-boo●…e in a most g●…osse and shamelesse ( that i say not traytorly ) manner , by erecting altars , images , crucifixes , crosses , ( as the archbishop of canterbury , the arch-irnovator both in church and state affaires , though hee will not bee thus reputed , hath erected altars and crucifixes in the chappell 's of lambeth , croydon , london-house , fu●…ham , &c. the bishop of coventry and litchfield d. wright , this last pestilentiall sommer blotted out gods ten commandements in the cathedrall at litchfield , a●…d set up a giont-like monstrous crucifix , as bigge and large as any three men , with an altar under it , and also raysed the chauncell ; and set up an altar at coventry , as one knightly , a knowne popish priest in those parts directed ; as that good-man , s. godfrey of gloster hath also erected a crucifix and altar in his cathedrall at gloster , and solemnly consecrated altar-clothes for them . and likewise hath set up a new crosse at ●…inzor , with a large glorious crucifix on the one side , and the picture of christ arising out of his grave , with his body halfe in and halfe out of his sepulcher in goodly colours , on the other , not fearing to write thereon in capitall letters , and to give publique notice to all the realme : that this crosse was repayred and beautified at his costs anno domini 1635. contrary to the expresse doctrine of (c) our homelies , which condemned the very making of the picture of christ , or a crucifix as idolatrous wicked , and a meere lye , to which , hee , and all other our crosse erecting prelates have ofte subscribed , and therefore are worthy of no painted , but a reall crosse themselues , for tollerating and erecting such crosses and crucifixes , contrary to their owne subscriptions , only to set popery : ) by silencing , suspending , and persecuting godly ministers , suppressing lectures and powerfull preaching in many diocesse , encouraging people to neglect and profane gods saboathes with all heathenish sportes and impieties , imposing new visitation o●…thes , articles , ceremonies , and the like , setting up the popes canon law , rayling upon godly ministers and people , & suppressing them under the name of puritans , magnifying popish writings , and vilefyinge protestant authors , endeavoring to bring in the gregorian account , punishing all those that oppose their romish innovations , or indicte or molest them for it in the high commission , now made a meere spanish inquisition to suppresse our protestant religion , and set popery with an high hand against his majesties lawes and publique declaration , and by sundry other such iesuiticall tricks and stratagemes prescribed long since by the iesuite contzen politiq . liber . 5. which their lordships follow to an haires bredth . since some , or all these their execrable practises i say ( at which the very divell himselfe might blush and hide his head ) have been * laid open to all the world of late , in such an apparant undeniable manner , that all the people both cleerely see , declayme against , and abhorre their treachery , villany , and wicked romish designes , and themselves ( had they any conscience , shame , ingenuity , grace , or modesty in them ) would be ashamed to shew their faces either in citty , or countrey , much more at court , having so notoriously abused his majestie and affronted his lawes and declarations in all these particulars , and injured his highnesse in his royall issues , sister , nephewes , in blotting them out of the collect , late fast-booke , and catalogue , of gods elect ; yet these audacious holy fathers ( as blushlesse as their gownes , their rochetts or the divell ) are so farre from being ashamed , or reforming these their enormities and impieties , that they proceed on with as great or greater rage and violence in them then before , silencing more ministers every day ; yea breaking open the houses , committing close prisonners and questioning those with an high hand , as seditious persons and offendors , who dare preach or write against , or finde fault with those their perfidious , traytorly , disloyall , impious practises , purgations , innovations , crucifixes , altars , tapers , and proceedings , execrable both to god and man ; so like to the divell are they growne , in their affronted shamelesse impudency . 48. the divell hath great wrath , b●…cause hee knoweth hee hath but a short time : revel : 12 , 13. so have lord prelates no●… , great wrath , and ●…xercise strange unusuall rage , persecutions , exorbitances against gods faithfull ministers and people , hunting after them with their blood-hounds the pursevants , and ri●…ing and breaking up their howses , studies , coffers , with unheard of violence , as if they were the archest traytors breathing , witnesse their late proceedings against master burton in clapping him up close prisonner , and convicting his wife and clarke to severall prisons onely for obeying his commands in presenting his appeales and sermons to the lords , for god and the king , which makes people stand amazed at their tyranny , and causeth the papists to triumph as if the day now were theirs : whereas preists and iesuites ( meere traytors by our lawes ) are favored of late , as their darling sonnes , and not molested by them . therfore doublesse the time of their vsurped tyranny & raigne wil be but very short , and their sinnes now growne ripe withall for the sickle of gods iudgments ) the fica●…l ruine of their antichristian hierarchie and more then b●…barous tyrannie , neere at hand . 49. when the great redd dragon and his ange●…ls were cast out of heauen ( gods church ) the heauens , and those that dwelt therein , by gods commandments , did reioyce , rev. 12. 12. so when those lordly prelates and their forenamed angels shall bee ca●… quite out of the church of god , shee and all her faithfull members will exceedingly rejoyce , they being now her greatest griefe and grievance , of which shee is so weary and sicke at heart , that shee groanes to bee delivered from , unb●…thened of them , being now intollerable for her to sustayne : such is their present divellish insolency , pride and open tyrannie : especially of that arch-wolfe , and madde red dragon of canterbury , who now makes open havocke of gods church and ministers ; like another furious power , against all lawes of god & the realme , to the amazement of the people . 50. hell and everlasting torments are prepated for the divell and his angels , reserved now in chaines of darknesse ●…nto the iudgment of the great day , when they shall be all cast into the lake that burneth with fire and brimstone for ever : math. 25. 41. 2 pet. 2. 4. iude 6. revel . 20. 20. so are they prepared likewise for all proud lordly , persecuting , * unpreaching , oppressing , tyrannizing prelates , who suppresse the preaching and progresse of the gospell , with the preachers , ministers , and professors of it , and hate them to the death : and if there be any place or torments in hell , hotter , deeper , greater , or mo●…e insupportable , ●…orrid , and loathsome then other , certainly that shall bee reserved for these ungodly lord bishops and false prophets ; who shall have the same condemnation and torments in●…icted on them as the divell himselfe shall vndergoe . 1. tim. 3. 6 , 7. rev. 20. 10. o that our proud persecuting lording prelates would now at last consider this , o that they would repent and amend in time before they fall downe headlong * quick into hell , some of them ( as their late actions manifest to all the world ) being growne as insolent , as impudent , as desperate professed publique enemies to purity , piety , holynes the syncere preaching and preachers of gods word and power of religion , as the very divell himselfe ; and some of them i ●…eare ) worse then any divells . for first all the divells beleeve gods threats , word , iudgments , and tremble at them iames. 2. 19. but they ( as their atheisticall , vnjust , vnconscionable , tyranicall lives and actions proclayme to all men , ) doe neither beleeue , nor tremble at them . 2. the divell confessed paule & his fellow preachers , to be the servants of the most high god , which shew unto us the way of saluation acts. 16. 16 , 17 , 18. lordly prelates will not confesse our godliest faithfullest preaching ministers to be such witnesse there expung of the collect in the last fast-booke begining thus : it had beene good for us &c. only because it magnifieth often preaching , and call such preachers , gods servants . 3. the divell is exceeding diligent night and day , but lordly prelates very lasie & negligent in following of their spirituall plough , ( as b. latimer shewes at large in his sermon of the plough : ) & so in those three respects are worse then hee : when as they are parallels and checkmates with him in all and every of these 50. particulars . from all which i shall frame this argument , discovering the office and calling of lordly bishops and prelates , not to be from god , nor of divine institution , but from the divell , and his invention ; which i challenge all great lord bishops to answer , if they can . those who are altogether like the very divell , tread in his footsteps , doe his workes , and bring forth his propper fruits in all the forecited particulars and that principally by reason of their function ; those ( questionlesse ) are none of gods institution , but of their fathers the divell , of and from whom they are christ himselfe so expressely resolving : iohn 8. 44. 1 iohn 3. 8. math 7. 16. 20. such have lordly domineering pontificiall bishops and prelates in all ages beene , and that principally by reason of their lordly functions , as the premises , all stories and experience manifest . therefore they , and their lordly function , are none of gods institution , but of their father the divells , of and from whom they are . yet mistake me not , i pray , as if i concluded every bishop to bee like the divell in all these particulars , or to bee damned ; such uncharitablenesse and impiety , bee farre from me and all good christians ; i know some bishops have beene godly men , and gods deere saints , & i doubt not but there are some few such now : though their cowardise and silence in gods cause , in which they now dare not publikely appeare , bee inexcusable . 1. but yet this i say withall . first , that they were such before they were made lord bishops . 2. that their bishoprickes never made any of them better or more laborious or couragious sor the truth then before , but many of them far worse fearefuller and lasier . 3. that since bishopricks were endowed with lordly riches , iurisdiction , power , and pompe , i never read of any one man that was ill before , who grew a good and godly christian by being made such a bishop ( a thing remarkable ; ) nor of any good man before , that ever grew better , more painefull , hol●… zealous , heavenly minded and laborious , but most of them al much ●…orse , more idle , worldly , covetous , proud , luxurious , malicious , oppressive petulant , selfe-willed , and unjust . 4. that most lordly prelates ( especially those who have beene most pontificiall , powerfull , lordly , domineering , active and stirring in the church and state ) have in all ages since they were made lords , peeres , and b●…rons , beene like the divell in all or most of the forecited particulars ; and if any proved good , or became not such , it was only from the overruling sanctifying grace of gods spirit in their hearts before and after they were made lord prelates , not from this very lordly office , pompe , power , and function it selfe , which otherwise would have made them such , as it hath made most other popes and prelates , as all sto●…ies evidence . 5. finally , i affirme ; that if to bee a lord bishop , bee such a thing onely as many now define and make it ; namely , to manage temporall offices , and state-affaires , to give over preaching , except one leuten court-sermon in a yeare or two , not in their proper dioc sse to their people , to follow and hunt the kings court , to get and dispose o●… ecclesiasticall ( and so 〈◊〉 civil ) osfices and preferments ; to suppresse lectures , lecturers , and often preaching of gods word ; suspend , excommunicate , persecute , imprison , deprive godly ministers and professors for toyes and trifles , ( yea for their zeale and piety , ) against all lawes of god and man ; to consecrate chappels , churches , set up crucifixes . altars , tapers , crosses , organs , images , ●…oyle in communion-tables alta●…wise , set up superstition , popery , and idolatry ; license popish and armenian bookes , corrupt and purge the common-prayer-booke , the gunpowder treason booke , the fast booke , yea the articles of religion , ad normam romanae fidei , to make and impose new visitation oathes , articles , 〈◊〉 orders , innovations , to make mini●…ers & churchward●…ns 〈◊〉 ; to keepe visitations and consistories without any patent or commission from his majestie , in their owne names and rights alone ; to graunt out citations , proces excommunications , probate of wills , commissions of administration , &c. in their owne names , under their owne seales , not his majesties to fine , imprison censure , and 〈◊〉 his majesties good subjects , &c. their fellow brethren at their pleasures ; to bee coached and barged up and downe from place to place ( i am sure seldome to the pulpit ) to bee courted , capped , attended , cloathed like petty kings and princes , to fare deliciously every day , to have stately pallaces , great possessions , knights and brave gentlemen to attend them , lords and earles to crowch unto them , all to feare them , flatter them , none to rebuke , oppose or control them , ( no not in their oppressing and unjust courses ) to bolster out their encroachments upon the kings prerogative and lawes , and on his subjects liberties with might , threats , and violence ; to tramp●…e all lawes of god and man under foot , and doe all things by will & power , not law or canon ; to bee implacable , unmercifull , pittilesse , proud , stately , cruell ; to shake up , terrifie and b●…ow-beate , imprison , excommunicate deprive , degrade , presents their fellow-brethren , and eate them like their curres ; to set forward all profanenesse , disorders , sports and e●…hnicke pastimes even on gods own day , and make no conscience of it ; to doe all things like absolute law-givers , lords , popes , and monarks , or rather professed atheists , fearing neither god ●…or man , and breaking all their lawes , to bolster up base , drinke , idle , scandalous clergie men , exempting them fro●… secular power & jurisdiction , to maintaine their officers in 〈◊〉 open exortions , oppressions , abuses , exhorbitant misdemeanor & the like : which is now only to be and play the bishop in point of doctrine and practise : then thus to bee and act the bi●…hop , is in truth to 〈◊〉 and play the very divell , and to parallell him in all forecited respects ; let those who are such lordly . prelates deny it if they can or dare . the second parallel betweene the iewish high priests and lordly prelates . as lordly prelates resemble their father the divell in all the forenamed particulars , so doe they the iewish high priests in these ensuing particulars . 1. the high priests of the iewes , were ordained of men , to offer gifts and sacrifizes on the altar heb. 8 : 3. exod. 40. levit. 1. to . 22. so our high priests the lord prelates , are and will bee ordayned and also ordaine others high priests for this end , to offer sacrifices and gifts at their new erected altars ( not to preach ) the end why they every where erect , advance , consecrate , and bow downe to altars , which now want nothing but a masse to grace them withall . 2. the iewish high priests had their miters , and brave costly pontificall robes , ornaments , and attires , whereby they were differenced from other men exod. 31. 1. to . 32. c. 28 , 2. to 43. so have the lordly prelates , and that in imitation of the iewish high priests , from whence they derive them . 3. the iewish high priests went but once a yeare into the second tabernacle to offer for the people . heb. 9. 7. and our lordly high priests commonly goe but once a yeare , ( and many of them scarce once in 3. or 4. yeares , witnesse both our present arch-prelates ; & some other unpreaching bishops examples , into the pulpit , to preach unto the people , or to offer sacrifice on the altar . 4. the iewish high priests commanded the apostles , not preach any more in the name of the lord iesus , to the people , that they might be saved ; and apprehended imprisoned , and scourged them , for do●…ng it . acts 4 & 5. 1 thess. 2. 16. our lordly prelates heretofore , and at this very day , silence and suspend our best , our painfullest ministers from preaching gods word unto their people , that they may bee saved ( though god , the king , the books of ordination and statutes of the realme enjoyne them for to doe it , ) and threaten to apprehend , imprison , and fine them if they preach contrary to their suspensions ; as the apostles did , who in despite of all the high priests threats , inibitions imprisonments , stripes , three times one after another , daily in the temple , and in every howse , ( which now would bee a conventicle ) ceased not to teach and preach iesus christ acts 5. 41 , 42. and so would and should our ministers ( now silenced against law and canon too ) were they true successors of the apostles , and not intoxic●…ted with a base unworthy spirit of carnall feare and cowardize , which makes them betray their liberties , religion , flocks , brethren to the will and rapine of these beastly ravening lordly wolves . 5. the iewish high priest granted out warrants or letters missive to saul ( brea●…hing out threatnings and slaughter against the disciples of the lord , ) that if hee found any of this way , whether they were men or women , hee might bring them bound to ierus●…em . acts 〈◊〉 . 2. lordly prelates heretofore , and now , grant the like letters missiue , warrants , and attachments to their pursuivants and other malicious wicked informers ( that breath out threatnings and slaughter against the lords disciples ) against divers godly ministers , christians , and all such as they please to stile , puritans and cowventicklers , wheither men o●… women , to breaks open and ransacks their houses , take their bodies , bring them up prisonners to london , ye k●… , or durham , before their lordships holynesses , to fine , censure , deprive , imprison and undoe them though christ , his apostles , and the primitive bishops never claymed or exercised any such lordly secular tyranny or iurisdiction , but condemned it as unlawfull and unbeseeming clergie-men . 6. the iewish high-priest ananias , when paul was convented before the counsell and beganne to make his apologie and plead his owne cause , commanded them that stood by to smite him on the mouth , and would not suffer him to speake in his owne defence acts 33. 1 , 2. thus doe our lord prelates deale with gods ministers when they come before them in the high commission or elsewhere ; they will not suffer them to speake in their owne defence , or pleade their owne causes to the full ; but when they offer to speake , enjoyne them silence , or else commaund the pursevant or iaylour to smite them on the mouth , or take them away to the prison , so imperious are their lordships growne . take but one fresh memorables instance insteed of many others . one m. snelling a graue kentish minister , was suspended ab officio & beneficio about a veare and halfe since by d. wood , commissary to the bishop of rochester , and after that excommunicated , pursuiuanted and articled against before the high commissioners , at lambet●… , only for not reading the declaration for sports , fathered falsely upon his majesty by the prelates . to which articles hee drawing up a full answer , shewing the reasons both in point of law and conscience , why hee conceived himselfe not bound to read it , and so not culpable of any crime ; the register refused to accept or receive his answer though tendred to him in writing , saying , it was too long , and hee durst not take it . hereupon hee contracted it into lesse then a sheet of paper and tendred it to him as his answer . he refused it the second time ; and though he thus tendred his answer , yet an attactment issued out against him , for not answering . the conclusion was , hee must put in onely such an answer as the register should prescribe , without any justification or defence , or mention of the reasons why hee refused to read the booke , telling him that he might and should put in his reasons in court , by way of defence . whereupon he gave in a short answer without any defence at all in a manner ; which comming to bee repeated before one of the commissioners ; the register and hee dashed out of his very answer ( against all law and iustice ) what they pleased : which m. snelling perceiuing , professed hee would not acknowledged for his answer none of his , but their owne making ; vet notwithstanding this answer must stand as his . this hilary tearme hee tenders his defence ; the register and court at informations refused to accept thereof , telling him 〈◊〉 came too l●…te ; though before the cause informed against : at lambeth he tendred his defence in court ; the archbishop referre the consideration of it to sir nathaniell brent , and d. guyn whether it were fit to bee received ; only he told them , he would have no dispute of the point ; which is all one , as if his grace had said ; i will have no defence at all : this the event hath manifested , for hee tendering his defence to these , referres they refuse , to receive or allow thereof : telling him that the * king & the archbishop have decreed that the booke shall and must be read , and therefore hee must submit and read it , and they can allow of no defence against it . that the archbishop hath decreed it shall be read , i believe it without an oath ; but that his majestie hath made any such dec●…ee , they must give me and all others leave to demurre to it , till they shall be able to produce such a decree as this under his majesties great seale ; which will be ad grecas calendas , loe here the desperate impiety and injustice of our prelates , parallell to that of (h) ananias , when hee commanded paul to be smitten on the face as ●…ee began to make his defence . for first they will make and prejudge the not reading of this forged declaration , an heinous off●…ce , though there be no law , canon or precept at all for the reading of it ; nor any clause at all that it should be read ; much lesse by the minister , nor any power given them so much as to question , much lesse to suspend , excommunicate , fine or cenfure , any who refuse to read i●… . when as the great question is , whether it be an offence at all ? but this must not be disputed . what now is this but to prejudicate , and not judge mens causes . 2. no answer must bee given or received , but what themselves shall make and allow and alter at their pleasures . is not this pretty iustice ? who then shall bee , innocent ? 3. when the answer is in , no defence must be made or accepted : if so , then the most innocent man in the world may bee condemned . what , no defence made ? christ himselfe had liberty to make his defence before pilate an heathen iudge : paul the like liberty before felix , festus and agrippa , ●…eere pagan infidell magistrates . yea the veryest traytors and rebels in the world , have liberty in all courts of justice , to make their defence , and pleade the best they can for themselves , yet this godly grave minister cmming for such a grand crime as this , before our lordly prelates , must make no defence at all : o divell , o iewish high priests , blush at this impudency , impiety and injustice of these your sonnes and successors : a drunkard , an adulterer , a symoniacke , any incarnate divell may put in what answer and defence he please before them ; but this grave minister every way unspotted in his life and doctrine must not doe it , because they haue decreed before hand to condemne him . is not this right high priests justic●… ? 7. this iewish high priest ●…te to judge paul after the law , and commanded him to be smitten contrary to the law. acts 2●… . 3. so our lordly prelates in their consistories , visitations , and commissions , sit to judge ministers and others his majesties subjects according to the law , and yet imprison , fine , excommunicate , suspend , deprive , degrade , teare , fleece , and judge them , for the most part , contrary both to the lawes of god , the realme , and their owne canons ; as thousends of presidents evidence of late . 8. the iewish high preist , by tertullus his orator , accused st. paule before felix the governour , for a p●…stilent fellow , a mover of sedition among all the iewes throughout the world , and a ring-leader of the sect of the nazarens , acts 24. 1. io●… . the selfe same accusation haue the lord prelates laid to our ministers charge in former ages , and to our zealous godly ministers and preachers now adayes , accufing them to the king and his counsell , and persecuting yea , suspending : imprisoning them every where as pestilent , factious , sedicious persons , and ringleaders of sects and schisme ; as many late examples , and some now in agitation evidence . 9. the iewish his preists , informed festus the governour against paule , and desired favour against him , that he would send for him to ierusalem , that there they might judge him themselves according to their owne law , or else murther him by the way acts. 25. 23. c. 24. 6. our lordly prelates ( especially his archgrace of canterbury and other our cant bishops ) doe the like ; informing the king , or temporall majestrates against godly ministers and people ; and desiring not iustice , but favour against them , that they would sent for them into their owne courts or high-commissions , or not suffer them to appeale , or be released thence by prohibitions o●… other meanes ; that so they might judge them after their owne law and wills , and be both enemies , parties delinquents , and iudges in their owne cause , contrary to all reason iustice , equity , and law , both of god and man ; of which we have manylate memorable instances ; and one thing verie observable , that they have caused his clause ( derogatory to his majesties royall iustice and supremacy , to make themselves absolute supreme kings and iudges ) ( that there shal be no appeale or provocation allowed or admitted from the high commission●…rs , to be inserted into their last commission : a strange clause , to tie up his majesties hands and soveraigne iustice from being able to releive his oppressed or injured subjects , be their causes never so good , their iudges their censures never so parciall mali●…ious exorbitant or vnjust . 10. saul , by authority received from the iewish chiefe preists , shut up many of the saints in prison , and persecuted them even unto strange cit●…es . acts. 26. 10. 11. 12. our lordly prelates pursevants , catchpoles , creatures and vermine , by like authority warrant and commission from their lordships , have done , and yet doe the like , breaking up mens dores and houses with open violence , as if they were traytors or felons by their high-commission warrants , in which case if they be slaine they have no remedy , neither is it any felony or murther as all the iudges of england resolved in one simpsons case 42. eliz. 11. the iewish chiefe preists came to festus to ierusalem informing him against paule , and desiring to have iudgment against him without more adoe ; to whom 〈◊〉 gave this answere . it is not the man●…er of the romans to deliver any man to die , before he which is accused , have the accusers face to face , and have license to answere for himselfe , concerning the crime laid against him acts 25. 15. 16. the same doe lord prelates at this day ; they informe princes and temporall majestrates and iudges against godly ministers and people , desiring to have present iudgment against them . o that they would give them such an answere as this ; heathen gouernour festus did the iewes high preists ; and not condemne them but by lawfull witnesses ever bringing both them and their accusers face to face , which would discouer many a false brother and slie informing knaue , who no●… by meanes of ex officio oathes & procedings neuer appeares face to face to make good his accusation , and passeth vndiscouered . 12. christ foretold his disciples , that he must suffer many things of the chiefe preists . math. 16. 21. and our go●…ly martirs and writers in all times , have foretold all godly ministers and people , that they must and shal suffer many things of lordly prelates for christs sake , as they haue done for many ages in al places where they haue borne any sway ; yea christ predicted , to his disciples that he should be betrayed to the chiefe preists , and that they should condemne him to death math. 20. 18. the like hath beene predicted to his faithfull ministers and seruants , concerning lordly prelates . 13. the iewes chiefe preists sent officers to apprehend christ , because many of the people beleeued on him and harkened to his doctrine ; and were exceeding angry with the officers because they did not bring him iohn . 7. 30 , 31. 32 , 35. lord prelates in former times , and now adayes , have also vsually sent out officers and pursevants to apprehend christs faithfull ministers , because the people beleeue and harken to their doctrine ; and are exceeding angry with them , yf they ●…scape their hands and bring them not before them ; as appeares by many late examples . 14. the iewes chiefe priests consulted how to put lazarus to death , because that by reason of him , many of the iewes went away and beleeved on iesus iohn . 12. 10 , 11. so lordly prelates heretofore have consulted how to put gods faithfull ministers to death , and now how to s●…lence , suspend , deprive , imprison and thrust them from their ministry , because by reason of them many of the people goe away from them and their traditions and beleeve on iesus ; as hundred particular examples testify . 15. the chiefe priests of the iewes hired iudas for 30. peeces of siluer to betray christ his master , & deliver him into their hands , sent a greate multitude with swords & staves along with him , to apprehend him ; which they did . math. 26. 14 , 15 , 47 , 48 , 49 , 50. mark 14. 10. 43. to 47. luke 22. 4. 5 , 6 , 47. to 52. iohn . 18. 1. to 14. the same haue lordly prelates done in all ages , hiring and corrupting godly ministers and christians , false disciples , friends , seruants , yea sometimes their very kings , wives and children to betray them into their hands and sending persevants and a great company of sherifes , constables and other officers with them to apprehend breake open their houses , doores like theeves , and bring them before them , as the bookes of martirs , and present experience plentifully evidence , to their shame . 16. the high preist sought for false witnesses against iesus our saviour , to put him to death math. 26. 59. to 64. mark 14. 52. to 62. and by their falfe testimonies seeke to contemne him , ibidem . the same have done & yet doe lord prelates ; ( as hi●…ories and experience manifest ) against christs faithfull ministers and servants . 17. when these false witnesses would not steed them , they endeavour to inforce him to accuse himselfe by captious questions first , they examined him concerning his disciples and doctrine ; to which he gave them this answere ; i spake openly to the world , i ever taught in the synagogues and in the temple , wheither the iewes allway resort , and in secret have i said nothing , why askest thou me ? aske them that heard me , what i have said unto them , behold they know what i said ( refuting to accuse himselfe or his disciples ) iohn 18. 19 , 20 , 21 , 22. 23. after this , the high preist said unto him , i adjure thee by the living god that thou tell us , wheither thou be he christ , the sonne of god. iesus saith unto him , thou hast said &c. thou the high preist rent his ●…lothes saying , hee hath spoken blasphemy , what farther need have wee of witnesses , behold now yee have heard his blasphemy ; what thinke yee ? they answered and said , he is guilty of death ; then did they spit in his face and buffeted him , & others smote him with the palme of their hand saying prophecy unto us thou christ , who it is that smote thee , &c. math. 26. 63. to . 69. after which , they tooke counsell together to put him to death , and deliver him bound to pilate the governour , before whom they accuse him ; and when pilate would have released him to the people , they perswaded them that they should aske barrabas and destroy iesus , and to cry out let him bee crucified ; and when pilate yet pronounced him innocent , and would have discharged him ; the chiefe priests replied ; if thou let this man goe thou art not caesars friend , for hee speaketh against caesar ; never leaving him till they had crucified , and sealed him up fast in his sepulcher . math. 27. & 28. iohn 18. & 19. thus have lord prelates formerly dealt with the godly ministers and saints of christ , and now deale with his faithfull ministers and servants ; when they have no true or sufficient witnesses against them , they enforce them against scriptures , councells fathers , decretals canon , civill canon law , the practise of the primitive church for above 1300. yeares after christ all which time there is not one precedent extant or story of any such oathes or proceeding among christians ) by ex officio oathes and articles to accuse and entrap themselves , of purpose to catch matter of censure and condemnation out of their owne mouthes which when they have gotten , then they insult over them spit in their faces , buffet , reuile , deride , and jeare them ; take counsell against them to silence , suspend , deprive , fine , imprison , or destroy them ; never ending their malicious prosecutions , till they see them close prisoners in their grau●…s ; and if any temporall majestrates pronunce them innocent , or are willing to discharge them at any ti●…e then they accuse them as enemies to caesar , as factious , sedicious , pestilent fellowes and tell them , yf they let them goe , they are not caesar , the kings or churches friends ; yea when any time of grace , release or pardon comes they can , and doe perswade kings and temporall magistrates to pordon and release barrabas , theeues murtherers , whores , bawdes preists iesuites , adulterers , drunkards , and all other notorious malefactors , but yet iesus his innocent saints and servants must have no grace at all , no mercy enlargment , grace or justice , but be imprisoned , ruined , molested destroyed and by this meanes at last they most vnjustly crucify , vex and ruine these pure innocent saints of christ , as they did christ himselse . a●… whizh our booke of martyrs and dayly experience witnesse to the full , in each particular ; yea , many of our present prelates doe as much as in them lieth to crucfiy christ himselfe , and that in a farre more barbarous manner then ever the iewes did : for first , they crucified and set him only unto many crosses . 2. the iewes crucified him but once , they oft times one after another . 3. they kept him no longer on the crosse then till he was dead upon it , & then gaue ioseph of aramathea leave to take him downe , beseeching pilate that he might not hange thereon till the next day iohn 19. our lord prelates keepe him allwayes hanging before their eyes , on the crosse , and never take him downe , as if he had still continued on his crosse till now , and never been taken off , buried , raysed againe from the dead , and carried into heauen . and why so i pray ? first , to shew their cruell and bloudy disposition , it being their daily practise to crucify christ in his image and saints , which makes them so much in love with the sight of the crucifix . 2. to ma●…st themselues to be the high preist vndoubted successors , who crucified christ. 3. to testify , that they delight so much in the picture of christs death , as they haue no care nor thought at all to imitate him in his paynefull preaching life . 4. to manifest to all men , that if christ were now a live in the flesh , they would as certainely crucify him againe as the high preists did . 5. to tax the sacra●…nt of the lords supper , & scriptures of much imper●…ction ; as if they were not sufficient , to shewe forth christ death till he came ( without this additament of a crucifix ) to their dull lordships , who seldome receive the one , or seriously meditate of , & preach the other . 6. to manifest , that they desire not to have christ to liue & ruleas a king or supreame living lord in his owne church , which he canot do as long as he hangs as a dead manon his crosse ; that so they themselues may lord it and rule christs church at their owne pleasures according to their owne canons , lusts , and pleasures , not his word , as the iewish high preists did . 7. to testify , that their lordships thinke there is litle neede to preach christ crucified ; & , that a dumbe blinde painted crucifix , is a farre better preacher of christ and his death then their lordships . and if so , what neede of bishops or preachers , when we may haue store of crucifixes at a farre cheaper rate ? 18. finally , so●…e of the iewes high preists , were rebells and traytors to their soueraignes ; as abi●…thar was to solomon , who there upon depriued him of his office , but spared his life though he deserued death 1. kings . 1. 7. c. 2. 26. 27. so many hundred lord prelates in forraigne partes , and aboue 60. of our owne here at some ( especially the arch-bishop of canterbery , & yorke ) haue bene notorious arch-traytors , conspirators & rebells too against their soueraignes , especially those emperors and kings , who haue most fauored magnified and advanced their secular greatenesse , pompe , and power , a just iudgment of god upon them , for aduancing these prelates be lords and temporall princes , against christs owne precept , math. 20. 25. ) and i pray god , all of them be now faithfull to their kings and soveraignes , which i have cause to feare . in all these regards then you see how the iewish high preists , and lordly prelates are direct parallels , and so in verity , their vndoubted successors ; one mayne argument and pretence to support their lordly hierarchie over their brethren , being deduced from the high preists example . the disparity or antithesis , betweene christs and lord prelates . if any now in these prelates behalfe replie , that they are of our sauiour christs owne institution , his true disciples , sonnes , and followers , not the divells , ( as the first paralell manifests them ; ) to disprove this cavill , let them a little consider the antipathie , or disparity betweene our saviour christ and them , in these ensuing particulars . first , our saviour christ was so poore , that hee had not so much as an house or kedde of his own whereon to rest his head . math. 8. 20. our lord prelates , ( though in regard of their birthes for the most part very like our saviour , borne in a stable , or some poore obscure cottage : ) yet when once they become lord bishops they have many manfions , palaces , and stately princely habitations , wherein they wallow & take their pleasure , as if they were borne prelates or princes : and yet not content therewith , they still complaine their are poore prelates , craving and hunting after farre more , farre greater possessions , though not borne heires to one farthing by the grace , nor demeriting halfe so much for their paines or preaching , at the poorest ten-pound curate in their diocesse . secondly , our saviour christ , had but one poore threed-bare-coate without a seame , woven from toe to toe , for which the soldiers cast lots . math. 27. 35. iohn 19. 23. 24. 〈◊〉 iohn baptist ( the greatest prophet that euer was borne of a woman ) hath his 〈◊〉 〈◊〉 of camels haire ( not silke or satin ) and a leatherne ( not a brave great silken ) girdle about his loynes , math. 3. 4. o●…r lordly prelates have many silken , sattin , scarlet , g●…nes , c●…ssockes , robes , coapes , rochets , hoodes , patched up with ●…any sea●…es and piebalde colours , with many new inuented pontificall vestments , disguise and quadrangular ca●…s and ●…rinkets peculiar to their holinesses , which po●…re c●…rist never wore , saw , knew or dream'te of , and would have certainly disdained to looke on , much more to weare , being as unseemely for , as displeasing to him , as the purple scarlet ●…obe , and crowne of thornes that the soldiers violently put upon him in derifi●… , when they mocked and crucified him . thirdly , our saviour christ , had but course farre , and hard diet for himselfe and his apostles and guests ; to wit , a few barly lo●…ves and some small fishes ●…or the most part served in on the bare ground ; it being his chiefest meate & drinke , to doe his fathers will , and to finish his worke . iohn . 4. 31. 34 : c. 6. 5. to . 15. math. 14. 17. to 22. c. 15. 34. to . 38. c. 16. 9. 10. iohn . 21. 9. 10. 13 , yea , great iohn baptists ordi●…y food , was nought else but locusts and wild hony . mith. 3. 4. our lordly prelates have all variety of costly 〈◊〉 , cates , iunkets , wines , drinkes , and provisions , both for themselves , wives , children , guests , servants , equall to any barons lords or earles of the real●…e , making commonl●… as sumptuous , great if not more luxu●… feastes then they . witnesse the more then 〈◊〉 〈◊〉 royall excess●…e feast of ( (p) ) wi●…liam warham 〈◊〉 of canterbury ; at which the great duke of buckingham with his 120 ; attendants , waited on this archprelate , as his high-steward and butler , ( too meane an office for the greatest peere then living ) going bareheaded before his grace , ush ring in his first service & bowing his body to his holinesse , as to the pope of this other world . witnesse the ( (q) ) unparalleld monstrous feast of george ne●…ell archbishop of yorke , the greatest that england ever knew or heard of ; the particulars whereof you may read at large in godwins catalogue , with others , which i pretermit , of which antiqui●…tes 〈◊〉 brit : godwin , and sir george paule in the life of archbishop whitgift , can informe you . and it is so farre from being their meate and drinke , that it is their least thought and care , their least desire and endeavour , their greatest trouble , paine and purgatory to preach gods word , and doe his will and worke , as christ our saviour did . fourthly , our saviour christ was so poore , and so ill stored with moneves , that hee had not so much as a didrachma ( about fiften pence of our money to pay tribute money for himselfe and his followers , but was enforced to send peter to the sea to borrow it of a poore fish , for want of a friend to lend him so much , hee and his whole retinue , not being able to make up so small a summe among them : math. 17. 27. but lordly prelates , borne-not to a didrachma , have not only their hundreds and thousands by the yeare , ( and yet doe none , or little spirituall worke for it , most of them all put together , not preaching halfe so often as a poore sti●…endiary curate that hath but eight or ten pound by the veare : ) yea their hundreds or thousands lying by them in their bagges , besides , and yet are not contented . so like are they to our saviour i●… this particular . fifthly , our saviour christ , and his apostles too , went about on foote from village to village , preaching the gospell throughout all galilee and iudea . math. 4. 23. c. 51. 2. c. 10. 5 , 6 , 7 , 9. 10. 14. c. 12. iohn . 4. 6. marke 1. 38 , 39 , luke 9. 2 , 3 , 4 , 5. c. 10. 3. to . 12. acts 10. 38. math. 14. 13. marke 6. 33. acts 20. 13. and when hee rode ( in state ) into ierusalem ( which was but once ) hee rode but on an asse . math. 21. 1. to . 16. but our prelates when they goe abroad to visit or preach before the king ( for they seldome preach in any countrey village in an age ) or when they have any businesse to court , to parliament or any citie , yea when they goe to their cathedralls , or a church that is necre them , are so farre from going a foote , that they seldome ride on horsebacke , ( and then on a stately palfray ) but in a coach or chariot drawne with foure or six pampred horses , with many horses , horsemen and footmen environing them ; and if they meete a poore cart or wagon by the way ( or a lighter meete their barges on the watter , where they ride in pompe to ) if they stirre not presently out of the way to give their lordships passage , they will lay the poore carters and lighter-men by the heeles for their paynes ( as * some of thē have lately done : ) so like are they to our saviour . and here i cannot pretermit a merry story . ( (p) ) a certaine germain clowne or boare ( as they terme him ) seeing the bishop of colen ride in state with a greate traine of horsemen before and after him , stood gaping on the bishop as he passed by and smiled to himselfe ; the bishop perceiving it , made a stand , and demanded of the boare why he thus smiled , bidding him speake the truth freely without feare , for he should sustayne no dammage , wherevpon the boare replied , that he smiled to thinke with himselfe , whether st. martin ( patron and first bishop of ●…olen ) ever rode in such state as he did now : the bishop herevnto answered , that he was an ignorant silly fellow , for he did not ride in his state , as he was arch-bishop of colen , but as he was the cheife prince elector of germany : where upon he wittily retorted ; suppose ( said he ) my lord , the divell should come and fetch away the prince elector , i pray what would become of the bishop , i feare me he would to hell too : at which the bishop being confounded went his way . our prelates may apply it to themselves without my helpe . 6. our saviour christ was meeke and lowlie in heart , full of compassion and mercy , and gaue rest to mens soules and bodies . math. 11. 28 , 29. c. 9. 36. luke 10. 33. heb. 5. 2. ephes. 4. 32. our prelates ( like men exalted from law degree ) are for the most part feirce chollerick , furious , proud , haughty , insolent , arrogant , malicious , revengefull , implacable , full of mercilesse and barbarous inhumanity , vexing and disquieting both the bodies and consciences of godly ministers and people ; as the booke of martirs , and experience testifie . take but this one remarkeable fresh instance in leive of many . this last pestilentiall somer , the lord brooke his lady , was delivered of a child ●…t dallam in suffolke within bishop wrems d●…ocesse of norwich . the earles of bedford doncaster , & 3. or 4. lords more , were here upon invited to the christning ; which being solemnized on the lords day afternoone , these lords earnestly pressed the lord brooke , that they might have a sermon then preached upon this extraordinary occasion . he therevpon desired one mr. ash , his houshold chaplaine to preach ; who knowing the bishops perversnesse , was vnwilling to doe it , till at last upon his lords commaund to preach , he condesc●…nded , and preached accordingly . bishop wren h●…aring of it , some two dayes after sends his apparitor with a citation , to somon mr. ash to appeare before him : who being rode that morning to cambridge , the appa●…itor after he had beene courteously entertained at my lords house , defired to speake with my lord brooke himselfe , who comming to him ; he acquainted his lorship , that he had a citation for his chaplaine , who it seemed was rode abroad & therefore he would leave the citation with his lordship , to serve it on his chaplaine when he returned : my lord therevpon , demaunded of him , whether he tooke him to be an apparitor , or intended to make him one ? he replied , that the bishop commaunded him to leave it with his lordship , in case his chaplaine was not within , and if is lordship would not receive it , he would sue out an excommunication against his chaplain and have it published in the church the next lords day . vpon which he tooke the citation ; and upon his chaplaines returne rode over with him to the bishop : who fitting in state like a great lord , or demy pope , my lord brooke acquainted him , how his apparitor had left a citation with him against his chaplaine , and that he and his chaplaine were therevpon both come together to his lordship to know what the businesse was , and what his lordship could object against him ; his lordship therevpon answered , that his chaplaine had openly affronted him in his diocesse in daring to presume to preach therein without his speciall license , and that on the lords day afternoone , when he had expressely prohibited all sermons within his iurisdiction : telling mr. ash , that he would make him an example to all others , and that if he could not punish him sufficiently in his owne court , he would bring him into the * high commission for this insolency , unto which my lord brooke answered , that his chaplaine was vnwilling to preach , and that therevpon h●… commaunded him to doe it upon this spe●…iall occasion , being importuned by the earkes and nobles then present ; defiring his lordship not to be offended with his chaplaine , for obeying his commaund , upon such an extraordinary occasion . the bishop replied , that his lordship did very ill to offer to maintaine his chaplaine in this ; that no lord of england should affront him in his diocesse in such a manner , and if he did his majesty stould know of it , & that he would make his chaplaine an example . my lord brooke demaunded , whether his lordship could take any exception either against his chaplaines l●…fe or doctrine ? he answered no : then my lord , said he , i hope the offence is not great , there being no law of god , or the realme , nor canon of the church , that inhibits ministers to preach on the lords day afternoone . ( to which he might have added that the very declaration for sports , much vrged by the bishop on the ministers of his diocesse , as his majesties , allowes of sermons every where in the afternoone ; since it prescribes no sports to be used but after the end of diuine service , and afternoone sermon : as bishop white confesseth in his examination of a and b. p. 131. and p. 9. of the declaration : our pleasure is , that the bishop and all other inferior church-men shall for their parts be carefull and diligent , both to instruct the igno●…ant , and co●…vince and reforme them that are m●…led in religion &c. therefore that bishops and ministers sho●… preach on the lords day afternoone , as well as in the forenoone ; & not be questioned , but commended for doing it : ) the bishop demaunded of mr. ash , how he durst presume to preach in his diocesse , without his special license ? ( though his 〈◊〉 could preach at cambridge , as they say , in paris his pulpit , without his license : ) mr. a●… answered , that he had a metropoliticall license fro●… the arch bishop to preach over all his province : the bishop bad him produce it : my lord , said he , i have it not about me ; no , replied the bishop , nor any such license , and for ought i know you are no minister : where are your letters of order ? my lord , said he , i durst not be so bold or dishonest to informe you i had such a license , were i not able to produce it ; and had i no letters of order , or were no lawfull minister , i presume my lord would not have entertained me for his chaplaine : m●… lord , both my license and orders are at home , and i use not to carry them alwayes with me in my pocket . my lord brooke int●…ed his lordship to dismisse his chaplaine and prosecute him no further , all would not doe ; he would make him an example , and so after many threatning speeches to him and my lord , they departed . the bishop presently proceedeth with all violence against mr. ash in his owne court , no mediation of lord and friends would pacify him ; till at last the earle of doncaster told him , that if he would not dismisse him his court , he would complaine to the king against him , since he preached only upon my lord brookes commaund , and his and other earles importunity : hereupon the bishop leaving the chaplaine , falls upon the churchwardens of the parish for permitting him to preach without his license ; fines them ( quo iure i know not ) forty shillings a pi●…ce , enjoynes them to doe publike pennance in the church with a white wand and a paper in their hands ; to aske god , and his lordship forgivenesse , to confesse , that their censure was just , and to desire all others to take example by them , not to offend in like manner ; all which the poore men were enforced to doe . o pride ! o tyrannie . 7. christs very yoake is easie , and his burthen light . math. 11. 30. lord prelates yoakes exceeding heavy and intollerable ; witnesse those under which the whole kingdome now lie groaning & languishing , with their many late new invented ceremonies , oathes , articles , injunctions and innovations . 8. christ , whiles he was on earth , went about continually doing good , and healing all that were oppressed with the divell . acts 10. 38. lord prelates when they ride about in circuite , or their vifitations , ( not foot it , as our saviour did , ) doe no good at all , but only mischiefe ; silence ministers , set up altars and new popish ceremonies , pill and poll both ministers and p●…ople with new extorted fees & procurations disquiet a●… good men , and insteed of healing , wound and further oppresse those like divels that were spiritually oppressed by the divell before , by exactions , suppressing gods ordinances especially powerfull pr●…aching , which should cast out the divels that spiritually possesse & take them captives at their wills . 9. our saviour christ went about all the countrey preaching in every synagogue where he came , math. 4. 23. mark. 1. 38 , 39. our bishops ride sometymes about the country in their trienniall visitations , to fill their guts and purses , and at other times hawking , hunting , feasting , and recreating themselues , but seldome or never goe or ride thus abroad to preach in any one church or synagogue ; inhibiting those ministers that would , to doe it . 10. our saviour preached daily and constantly in the temple , beginning early in the morning , and continuing untill evening ( and so preached morning and evening ) luke 19. 47. c. 21. 37 , 38. iohn 8. 2. but yet wee finde not that ever hee read any common prayers or homilies in the temple or any other synagogue . our lordly prelates are so farre from preaching dayly in our temples , that few of them preach monthly , or quarterly ; some of them , scarce yearely ; some , not once in three or foure yeares , yea in ten or twelve yeares together ; and other not at all ; and so farre are they from preaching , or approving morning and evening sermons even on the lords owne sacred day , much lesse on others ; that they have suppressed the lords day early morning lectures in london , and all afternoon●… sermons on the lords day in many diocesse in the countrey , making it an high offence , deserving both suspension and excommunication , to preach on the lords day after dinner . yea they are not ashamed to license shelfords sermon of uncharitrble charity , against often preaching , in direct opposition to our saviours example , and the very established ●…omely of the right use of the church . p. 3. 4. to which he & themselves have subscribed . such undoubted sons disciples and followers are they of our saviour in this particular . 11. our saviour christ when he preached , read only his text , and then closed the booke and gave it againe to the minister , & sate down & preached without book . luke 4. 17. to . 22. our prelates , when ever they chance to preach , commonly read not onely their texts , but their who●…e sermons too , if not their very prayers ; being so dull of memory , that whereas our stage-players can get their parts by heart though they act every day of the weeke , yet their stupid block-headed lordships cannot conne one sermon by heart in a yeare or two ; their doctrine being so far from sinking into their owne hearts , that it never so much as enters into their heads when they preach it , but onely into their books , where they leave & shut it up close prisoner into their lips , which presently vent it out againe : are they not then very deuout preachers , very much in ●…oue with gods word , with which they will neither trouble their braines nor hearts ; sweet followers of our sauiours steps , in this particular ? 12. our sauior christ with fasting , praying , weeping & preaching was so leane , that he might tel al his bones . psal. 22. 17. our lord prelates with feasting , lording , laughing , sleeping & loytering are so fat & plumpe ( for the most part ) that they or others can neither tell nor feele their bones . 13. our sauiour christ was full of grace , goodnes and truth iohn 1. 14. lord prelates are cōmonly ●…ul of gracelesnes , profanenesse , malice , enuy , pride , ambition , couetousnes , idlenes , di●…imulation , and hypocrisy , hauing little reall , but only meere titular grace to adorne them . 14. our sauior christ made both the deafe to heare , the blind to see , and the dumbe to speake : math. 9. 33. c. 12. 22. c. 15. 30. 31. our lord prelates make the hearers of gods word deafe for want of preaching , the seing blinde through ignorance and our preaching ministers dumbe , by silencing and suspending them . 16. christ sent forth his disciples , not to read homilies , or divine service ( which every clowne or schoole boy can doe as well as the learnedst minister ) but to preach the gospell , math. 10. 7. 10. 14. luke 9. 2 , 3 , 4 , 5 , 6. c. 10. 2. to . 15. and that as well in mens private houses as the publicke synagogues , ibid. and acts 5. 42. c. 20. 20. which now ( for sooth ) our lordly prelates condemne and censure for a conventicle : yea hee bid and commanded his disciples goe into all the world and preach the gospell to every creature , teaching them to observe all things that hee had commanded them . math. 28. 19. 20. m●…rke . 16. 15. yea he enjoyned them earnestly to seed his flocke and lambes . iohn 21. 15 , 16 , 17. our lord prelates silence and suspend christs faithfull ministers , prohibiting them ( not only in private houses but in churches to ) to preach the gospell to their people , send them about only to read divine service and homilies ; and command them to observe and subscribe to whatsoever canons , orders , articles , ceremonies , and injunctions they shall prescribe them , though con●…rary to christs ; charging them ; not to feed , but fleece their lambes and sheepe ; and are they not then good pastors ? 16. our saviour christ was the goo●… sheopard that laid downe his life for his sheep●… ; hee knew his sheepe , and was knowne againe of them , and they heard and knewe his voyce iohn 10. 6. 11. to 16. lord prelates are rather wolves then sheopards , reddier to take away theire sheepes lives then to lay downe their lives for their sheepe ; many of them being so farre from knowing their sheepe by name , that they never so much as saw them , the most of their sheepe never so much as seeing or knowing their faces , much l●…sse hearing or knowing their voyces in the pulpit , many of them ( though they have thousands by the yeare , of purpose to preach to their sheepe ) not so much as bestowing on sermon on them in 3. or 4. yeares space ; receiving above 3. or 4000. pounds for every sermon they preach , too greate a rate sor so little w●…rke ; yt thesemen were tankard-bearers and should sell their watter at that rare they take for their sermons , our water certainely would be far●…e dearer then the richest wine ; yet many of their sermons for which they take so much , are scarce so good as ditch watter . 17. our saviour christ , though he were equall with god the father , yet he made himselfe of no reputation , but tooke upon him the forme of a servant , & was made in the likenesse of men , ●…ubling himselfe for farre , that he became obedient to death even to the dreath of the crosse phil. 2. 6 , 7 , 8. our lord prelats , though equal comonly in birth to the meanest peasants , yet ( in doubt in imitation of our sauiour ) make themselves of so greate reputation , that they take upon them not only the forme and title , but the pompe and state of lords and petty princes , not servants ; and as if they were not made in the likenesse of men , but borne princes , angels or demy gods ; they become disobedient to all lawes of god and man ; and insteede of humbling themselves to death , and the crosse for christs sake , they tyrannically humble their brother ministers and other christians to the prison , the pillary , the crosse , & stocks for christ. witnesse our bookes of martires , and late experience . 18. our saviour christ , though he were rich , yet for our sakes he became poore , that we through his poverty might be made rich . 2. cor. 8. 9. our lord prelates , though poore and beggarly at first , yet for christs sake they are content to become greate and rich ; that so others through their power , riches , avarice , tyranny , and extortion may be made poore , to enrigh themselves the more . 19. our saviour , when peter drew his sword to cut of malchas eare therewith , immediately healed it againe , commanding him to put up his sword into the scabbard . iohn . 18. 10 , 11. luke 22. 50 , 51. math. 26. 51 , 22. our lord prelates now ingrosse both swords into their sacred hands , and insteede of putting them into the scabbard , draw them out like valiant men , smiting off some mens eares and noses with it , and now threaten to maine and mangle more in like manner , insteede of curing those allready maymed by them : such swashbucklers and gladiaters are they growne . yf we have warres with spayne , we hope his majestie will send these hacksters packing to those warres to mangle and hackle off the spainards eares and noses , insteede of his loyall subjects . 20. our saviour christ , after he began to preach , refused to inter meddle with secular affaires , or to devide the inheritance betweene the too brethren ; refused the kingdomes , pomde and glory of this world ; affirming openly , that he and his kingdome were not of his world math. 4. 8 , 9 , 10. luke 12. 13 , 14. ioan. 6. 15. c. 17 , 16. c. 18. 36. our lord prelates , after they become lords ( forgetting their primitive base originall and pedigree , with that vow they made to god in baptisme , to forsake the divell and all his workes , the vayne pompe & glory of the world with all covetous desires of the same , and al carnall desires of the flesh , so that they will ●…ot follow nor be ledd by them ; and that 〈◊〉 of st. iohn . 1. iohn . 2. 15 , 16. love not the world nor the things of the world , if any man love the wor●…d , the love of the father , is not in him . for all that is in the world , ( the lust of the flesh , the lust of the eye , and pride of life ) is not of the father but is of the world ) intangle themselves in worldly , secular state affaires and off●…s , become lords t●…mporall insteed of spirituall ; ●…meddle with all 〈◊〉 affaires , hunt after the kingdomes , goverment , honour , pompe , state , and pleasures of this world with all greedinesse and diligence , i●…steed of preaching the gospell and converting soules to god : ing●…sse all power and temporall iurisdiction into their hands , smite with both swords at once like madde-men on every side , and though they pretend their lordly calling to bee of god , y●…t they and it are plainely of this world , and ●…ot o●… christ , as their actions manifest . 21. c●…rist both 〈◊〉 , and administred the sacrament to his disciples , in his ordinary apparell , sitting at a table , and that standing in the midst of the ●…me , math. 26. 26 , 27 , 28 , 29. mar●… 14. 18. 22 , 23 24. luke 22. 14. to : 21. i●…n 13. 4. 25. 28. ●…or . 10. 21. c. 11. 23 , 24 , 25. yea , when he sent abroad his disciples to preach he sent them in their usuall 〈◊〉 , expressely ●…hibiting them , to provide them , either silver or gold in their purses , or to take or weare two coates math. 10. 9. 10. marke 8. 8 , 9. luke 9. 3 , 4 , 5 c. 10. 4. ( therefore certainely they wore no cass●…cks , hoods , gownes , coates or surpluses ( alias surplusages ) or rochets on their backs , or any such new , massing , masking vestments , as our prelates have since invented and prescribed , under the severest penalties , for ministers to preach , to administer the sacraments and read their divine service in ) our lord prelates when they preach , or administer the sacrament themselves , or by others , preach and ad●…inister it in their pontificalibus , coapes , surplusses , hoods , cassocks , gownes , rochets , with other disguized extraordinary apparell ; yea , they administer the lords supper in these holy vestments , only at an altar standing at the east wall not a table , in the * midst of the q●…ire , as of of old , commanding all to receive the sacrament of christs supper , kneeling , not sitting , ( and why not baptisme then as well as it ? ) the betrer to adore the eucharist ; condemning christs and the apostles gesture of sitting , as irreverend , unmannerly , and undecent ; adoring the very altar , and bowing to it even to the ground . when as they have the consecrated bread & wine in their hands , as if it were more honorable and worshipfull then that , for which they say they bow unto it . all , which antichristian popish vestments ceremonies and ●…opperies thom●…s becan hath learnedly refuted , in his display of the popish masse , to which i shall referre you ; only i shall answer a scripture or two , which they alledge for their white rochets and surplesses ; to wit , revel . 3 , 4 , 5. 18. c. 6. 11. c. 7. 9. 13. c. 19. 11. where the saints and martyrs , are said to be clothed in white linnen robes ; therefore bishops ought toweare white rechets , and ministers white surplesses . a learned argument if well prosecuted . 1. for , these white linnen robes and garments mentioned in these texts , were no rochets or surplesses ( as these fond men dreame , ) but the spotlesse white robes of christs owne merits and innocency , wherewith these saints ( who had put on the lord iesus christ , and made their robes white in his precious bloud ) were inuested , as is obedient by rev. 19. 18. c. 3. 18. 4. 5. c. 7. 13. 14. compared with pom. 13. 14. ephes. 5. 26 , 27. which kinde kinde of sacred white rochet or surplesse , few lord prelates ever yet wore upon their backes , o●… gown●… eves . 2. these white robes were not worne only by bishops , ministers , clergie , & cathedrall men as rochets and surplesses are , but by all the saints and martirs of christ alike . yf these tipes then prove any thinge , it is only this . that all men ought to weare rochets and surplesses not bishops and church men only . 3. these white robes were their ordinary daylie garments which they never put of upon any occasion , no not when they rode in ●…riumph upon white horses , ●…ev . 19. 14. therefore no argument fo●… rochets and surplesses wh●…ch are put on only upon speciall occasions and not ever worne as ordinary apparell , these lordly prelates perscribing only blacke gownes and garments , wearing none but such out of the church and their supplisses & rochets ( to testify their spotlesse purity and holinesse ) for the most part only in the church , to testify that they are only white saints in shew whiles they are in the church and quier , but blacke friendes and divells for the most part in all places else , in thei●… lives and actions . the true significant reason , as i conceive , why they weare white robes and rochets only in the church in time of diuine services ( where they commonly leave and put them off with all their seeming purity and holinesses with their surplesses ) but black coates & vestments under them and in all places else . a thing worthy observation . 4. these robes were not worne by these , or the martyrs , on earth , whiles they lived ; but put upon them in heaven , after they were dead . therfore no argument for , but against the wearing of rochets and surplesses here . 5. the disciples and apostles when they were sent to preach had c●…rtainely but o●…e coate and garment on the them , and that vndoubtedly no white rochet , nor surp●…esse ; these scriptures therefore make nothing for both , or either of them . 6. these saints are said , to ride upon white horses only , and in these their white linnen garments . revel . 19. 14. i may therefore better argue hence ; that bishops and ministers ought ever to ride upon white ho●…ses and no other , and that in their rochets and surplesses , not th●…ir canonicall coates cloakes or halfe-gownes ; then they thence inf●…r : that they ought to preach & read prayers in their surplesses . but of these surplesages enough and too much : i proceed . 22. christ professeth of himselfe , that he came into the world , of purpose for to preach the gospell , mark. 1. 38. luke 4. 18. lord prelates professe , that they were not ordayned lords or bishops , to preach gods word , but to rule , governe , and lord it over their fellow brethren and their diocesse : 23. our saviour christ maketh continuall prayer & intercession to his father for all his chosen people , rom. 8. 34. heb. 7. 25. our lord prelates , as they seldome preach , so they earely or never contend earnestly or make interc●…ssion unto god in earnest hearty fervent prayer for their people that they may be saved and converted : yea some of them ( as bishop wren ) contrary to the practise of all former ages , begin to prohibit ministers under paine of suspension and excommunication , to make any conceived prayers before or after their sermons , suspending , and excommunicating them if they doe it ; ounparalleld impiety ! o atheisticall novelty ! wee know that moses , david , salomon , ezra , ieremiah , daniell , with the saints and prophets in the old testament used conceived , but no set formes of prayer , that we read of , the like did christ and his apostles in the new t●…stament ; prayer being a speciall gift of gods spirit , given to all his children , upon all their severall necessities and occasi●…ns . 1 kings 8. 38. 45. 49. 54. neh. 1. 6. 11. ps. 102. 7. ps. 141. 2 ezeh . 12. 10 , 11. acts 1. 14. c. 6. 4. c. 10. 31. c. 12. 5. 1 cor. 7. 5 phil. 1. 4. 2 cor. 1. 11. col. 4. 2 iam. 5. 15. 16. ephes. 6. 18. rom. 8. 15. 26 , 27. iude 20. thus did the ministers & preachers of gods word in iustin martyrs and tertullians dayes , ( as appeares by both their 〈◊〉 ) both 〈◊〉 and after their sermons & love-feastes : thus did the fa●…ers , as appeares b●… th●…ir works ; & the primitive christians and martyrs vpon all occ●…sions , as ecclesiasticall historians 〈◊〉 . thus did our martyrs of old witnes m. fox his acts and m●…uments . yea , archbishop sandes of yorke , be●…ore & after his sermons ; & b. pilkington of durham before and after his sermons on nehemiah , obadiah , &c. with other of our bishops used conceived pray●…rs o●… different for●…es , according to the variety of their texts , & the 〈◊〉 occasions ; wh●…ch the●… published in print , for others imitation . thus have all our ministers , generally done in all ages and places , especially from the beginning of reformation to this present , till a ge●…eration of upstart unpraying lordly pre●…ates and lasy docto●…s , ( who know not how to pray , or mak a conceived prayer out of their owne heades and hearts upon any occasion , no more then a child that is newly borne , ) have cryed downe all extemporary conceived prayers , ( as well as studied sermons and frequent preaching , ) endevoring utterly to extinguish this most heavenly gift of prayer , not only in all private christians , but also in all those godly ministers whom god hath endowed with this eminent faculty , by confining them only to the very words of the canon ; which are no more a prayet then the creed or ten commandements , ( which many ignorant people mumble over , as good prayers ) and hath made many great doctors unable for to pray without the helpe of a common-prayer booke , upon any urgent occasion . for proofe whereof , i shall instance only in two late examples . when the earle of castle haven was to bee beheaded , there came two great learned deanes & doctors of divinity , to his lodging , to pray with him before his death . where calling for a common-prayer booke they read over the letanie to him , ( which was all the prayers ( they could make ) and so concluded their deuotions . the earle much grieved and discontented therewith , brake forth into these speeches . alas , what doe these doctors meane to trouble themselves , or mee , in praying to god , to deliver me , from lightning and tempest , from plague , pestilence and famine , from battle and murther , and from sudden death , who am now presently to die and lose my head ? or , what doth their praying , to preserve all that travell by land or by water , all women laboring with child , all sicke persons and young children , &c. concerne either me or my present condition , who am now ready to perish and bee destroyed ? miserable comforters are they . this hee spake with teares in his eyes ; and there upon desired the company there present with him to goe with him from these deanes into another roome , where hee made such an heavenly fervent extemporary prayer , pertinent to his present dying condition , as ravished all the auditours , and drew rivers of teares both from their eyes and hearts , which these non-praying doctors letany could not doe . when the honorable religious lord veere some two yeares since , was sodainely strucke with death arrow at sr. henry v●…ne his table at white-hall , as he sate at dinner , and caried from thence into a with-drawing chamber adioyning where he dyed , a grand dr. of diuinity ( one of his majesties chapplaines being there present , was upon this unexpected occasion desired to kneele and pray with the company . the dr. hereupon calls for a common-prayer-booke , and answer being madde that there was none present ; he replied , that he could not pray without a booke . whereupon a knight there present tooke him by the gowne , and forced him to kneele downe telling him , that my lord was dying , and he must needes say some prayer or other ; vpon this he begins pater noster , for other prayer could he none : which the knight hearing , bads him hold his peace , for my lord was dead , and he was but a dead divine . who knew not how to pray . such woodden doctors & prelates have we now adayes , that know not how to pray upon any sodaine occasion ; because ( like little children ) they ever confine themselves to a set forme of prayer , proceeding neither from their heads nor hearts but their lips only , which every schoole-boy can read with as much devotion , as they . so vnlike are they to our saviour christ and his apostles , who who were able to pray ex tempore , with all mann●…r of supplications , and prayers upon all occasions , and would have all ministers and priuate christians , to be thus able too . ephes. 6. 18. 1. tim. 2. 1 , 28. phil , 4. 6. 1. pet. 4. 7. iam. 1. 5. 6. c. 5. 14. 24. finally , our saviour christ whiles he was on earth , suspended , silenced , deprived , censured , imprisoned , and close imprisoned no ministers or christians , whiles he was on earth : ( yea , he was so farre from this , that he was anoynted and sent by the spirit of the lord god , to binde up the broken-hearted , to proclaime liberty to the captiues and the opening of the prison to them that are bound . isay. 61. but lord prelates silence , suspend , deprive , censure , imprison , and close imprison both ministers and good christians at their pleasures ; but never binde up the broken-hearted , or proclaime liberty to the captiues , or the opening of the prison to them that are bound , take him iaylor . catch him pursuiuant ; away with him to the fleet , the clinke or gate-house ; i set a thousand pounde fins upon his head ; &c. bring their vsuall mercy , language , & lordly tone . christ had no prisons , counters , gate-houses , cole houses , to imprison and mue up christians or ministers in , for discharging a good consciences , or obeying god rather then men , or refusing to take an vnlawfull ex officio oath : no consistory or high-commission to conuent men in , no visitation or ex officio oaths articles , procurations , dispensations , tot-quots , licenses to preach or keepe schoole ; no deanes , archdeacons , vicars generall , chancellours , commissaries , surrogates , officials , registers , pursuiuants . apparitors , informers , but only 12. preaching disciples attending on him . lord prelates have all and every of these , and would not thinke themselves bishop without them . christ thought his written word & precepts , sufficient to gouerne and instruct his church , to the end of the world , without any prelates canons . math. 28. 19. 20. lord prelates thinke not so , but deeme their owne canons and injunctions without his word , the only lawes whereby to governe and direct the church . christ was persecuted , imprisoned , scoffed at , crucified by the high priests , and yet prayed for his enemies , leaving us an example , that we should follow his steps ephes. 4. 32. 1. pet. 2. 21 , 23. luke 23 , 24. lord prelates are not thus persecuted , imprisoned , scoffed at , and crucified , but persecute , imprison , scoffe at , crucify , and burne others for christs sake ; and insteede of following christs foot-steps in praying for their enemies , they excommunicate , banne , curse , anathematize them to the very pit of hell , with bell booke and candle , and sometimes offer this vnchristian violence to their very ashes , bones , and v●…ines ; as our booke of martires manifests . since therefore lord prelates in these and infinite other particulars are so contrary opposite , & vnlike to our saviour iesus christ , i may safely conclude them to be none of his institution , sonnes , or followers : for hee that is truly christs , and saith that he abideth in him , ought himselfe also to walke even as christ walked 1. iohn . 2. 6. but lord prelates walked but directly contrary to him in all these particulars : therefore they are none of his , and abide not in him what euer vaunts they make to the contrary : and if they be none of christs institution , sonnes , disciples or followers , then certainely none of his apostles ( the next thing i shall succinctly illustrate . the opposition and contrariety betweene christs apostles and lordly prelates . first our saviours apostles yea peter ( the prince of all the rest , as the papists vaunt ) had neither silver nor gold acts 3. 6. lord prelates have plenty of both : yea doe little or no worke for it , and lesse good with it , vnlesse it be out of a vaineglotious humor to get themselues applause by some pontificall stately structure , or monument of their ambicion pompe and pride . 2. these apostles were poore , and vet made many rich , as having nothing and yet possessing all thing 2. cor , 6. 10. lord prelates are rich , and yet by their oppression , tyranny injustice , great fines , imprisonments , extortions and griping officers make many ministers and good christians poore ; they have all things their hearts can wish , and yet through covetous ambicion and desire of more , and il●… use of what they have , truly possesse nothing . 3. the apostles were made a spectacle unto the world unto angells , and to men 1. cor. 4. 9. lord prelates are not made but make others such for christs sake . 4. the apostles to their dying dayes , did both hunger & thirst & were naked , buffeted , despised , accounted fooles , defamed , reviled and persecuted , yea they were made the very silth of the world and the ofscouring of all things for christs sake , being in stripes often , in imprisonments , perills , and death often , in watchings often , in labours more abundant for christ 1. cor. 4. 10 , 11 , 12 , 13. 2. cor. 6. 5 , c. 11. 23 , 24 , 25 , 26. lord prelates are in no such condition at all , they sustayne no such hardship for christ ; but they eate and drinke of the best , are gorgeously clad , courted , yea flattered , honoured and accounted great lords , praysed above measure , feasted , promoted and made the greatest peeres the most swaying overruling lord controllers of the world , & primates of all others for christs sake ; being never in stripes &c. but only in voluptuous pleasures , stately palaces , princes courts , downe beds , and lazy idlenesse for christ ; and when persecution or affliction for the gospell come ; they either turne chiefe persecutors , or turne-coates , rather then they will vndergoe any stripes , imprisonments , perrills , or deaths for christ , by whom they enioye so much honour , pompe , wealth and worldly pleasures . 5. the apostles had no certayne dwelling place and laboured , working whith their owne handes , and yet never gave over preaching for want of maintenance 1. cor. 4. 11 , 12. acts 20. 34. 1. thess. 2. 9 , 2. thess. 3. 8. lord bishops have divers certaine palaces , sees , mannors , & pontificall mansions ; their hundreds and thousands by the yeare ; neuer labour with their hands ( and seldowne with their tongues or braines ) to get their livings ; and yet preach not so oft in 2. or 3. yeares , as paul and other apostles did in a weeke , when they labored to . 6. the apostles were troubled on every side , for christ , yet not distressed ; perplexed , but not in despaires persecuted , but not forsaken ; cast downe , but not destroyed ; alwayes bearing about in the body the marke ; of the lord iesus , and being alwayes delivered unto death for iesus sake : 2 cor. 8 , 9 , 10 , 11. lord prelates never were in such extremities , never suffered such things , as all or any of these for christ , but have usually brought others into the apostles condition far specified for christs sake ; as the booke of martyrs , and experience manifest . 7. the apostles were called from the receipt of custome , from all other secular imployments , and seperated for the gospell of christ ; forsaking all other things to preach and propagate it alone as soone as they were called to bee christs apostles and disciples , math. 4. 18. to . 23. c. 9. 9. marke 10. 28 , 29. rom. 1. 1. acts 13. 2. lord prelates when they are made such , intrude themselves into secular offices and imployments , call themselves back againe to the receipt of custome shouldring themselves into lord treasurerships lord chancellorships & other such great temporall offices , tosupport and maintaine their part , power and antichristian throne ; erect popery and romish superstition , and rule all things at their pleasures : yea they almost wholly seperate themselves from christ , and the preaching of his gospell , lay aside and give over their ministry , &c. preaching , that so they may wholely addict themselves to the world , the pleasures honours and preferments of it , to court and state affaires , and lord it over all men both in church and state. 8. christs apostles , were all equall among themselves , and lorded it not one over the other , nor yet over their fellow brethren , or the lords inheritance never pursevanting , imprisoning , fining , banishing or depriving of them like pagan princes , they being expressely prohibited so to doe , math. 20. 25. 26. 27 luke 22. 25 , 26. 2. cor. 1. 24. 〈◊〉 . pet. 5. 1 , 2 , 3 , 4. lord prelates lord it one over another and are not equall among themselves , witnesse their popes , their patriarkes , cardinall , bishops , metropolitanes , arch-bishops , bishops , and bishops suffragans , al subordinate unto another ; they clayme a superiority iure diuino over their fellow presbiters ( their equalls , and all one with themselves by diuine law & institution acts 26. 17. 28. phil. 1. 〈◊〉 . 1. 7 ●…m . 3. 1 , 2 , 3. c. 5. 17. titus 1. 5 , 7. 1. pet. 5. 1 , 2 , 3. math. 20. 25 , 26 , 27 , c. 28. 19 : 20. ) yea they lord and tyrannize it over their fellow ministers , diocesse , and the lords inheritance suspending , silencing , excommunicating , pursevanting , fining , imprisoning reviling , depriving them , prescribing new ceremonies , injunctions , articles , oathes , orders , and fining and punnishing them for the violation of them at their pleasures , like absolute popes , kings , monarks , parliaments , against all lawes of god , and the realme ; as ancient , and ( above all others ) present experience testifieth ; so like are their lordly sanctities to the apoftles , or rather to their holy-father the pope & divell . 9. the apostles preached daylie the lord iesus , and his gospell , to the people , because christ , & god himselfe enioyned them to doe it , notwithstanding the high priests & whole counsels suspencions inhibitiōs , threats , imprisonments , and scourgings to hinder and deterre them acts 4 & 5. 1. thess. 2. 15 , 16 , 17. lords prelates ( on the contrary ) are so farre from imitating their examples , that they every where against the lawes of god and the realme , yea contrary to the very booke of ordination and charge there given them when they were ordavned , ) suspend & prohibit ministers from preaching christ & his gospell to the people , that they may be saved , threatning to imprison deprive and ruine them if they doe it ; notwithstanding christ and his apostles have expresly commanded them , ( and their lordships to if christs ministers , or their successors ) to doe it under payne of eternal woe ( which bishop wren commaunded to be blotted out of a church wall in ipswich mat. 28. 19 20. mark. 16. 15. acts. 20. 281. cor. 9. 16 , 17. 1. tim. 4. 1 , 2 , 3 , 4 , 5. 1 tim. 4. 13. c. 5. 17. the very highth of al iniquity and impiety 1. thess. 2. 15 , 16. yea , money base fainthearted ministers forgetting this president of the apostles , set now silence under these illegall impious suspensions , and some of them , like hirelings f●…e from their flocks , and leave them to be devo●…vred of these raging wolves , as full experience manifests , whereas if they were true sheopards and faithfull ministers , they would rather lay downe their lives then flie or give over preaching upon such vngodly , vnjust suspentious , meerely void in law , which of common , civill , canon or diuine . 10. the apostles dayly in the temple ; and in every howse ( which now fotsooth were a conventicle ) ceased not to teach and preach iesus christ acts 5. 42. ( and that notwithstanding all the high priests inhibitions , suspensions and imprisonments ) nay s. paul as he spread and preached the gospell of christ almost over all the world ever from ierusalem round about to illyricum and where christ was not once so much as named before , rom. 15. 19. 20. so hee disputed and preached daily in the schoole of one tyrannus for two yeares space , acts 19. 9. 10. yea for three yeares space together , he ceased not day and night to warne every one at ephesus , with teares , teaching them publikely and from house to house , ( now a dangerous unlawfull conventicle in our lord prelates judgement ) acts 20. 20. 21. 31. he , and the rest of the apostles , by their daily preaching and holy lives , converting thousands unto god & planting and watering many eminent churches ; as the acts and epistles of the apostles , witnesse . our lordly prelates are so farre from not ceasing thus to preach dayly , themselves , that few of them preach monthly , or quarterly , and it is much if they preach annually , and then only at court : others of them ( as our great archprelates ) not in three or foure yeares space or more ; some not at all , ( as the dumbe bishops of oxford , landaffe , and others : ) yea , they doe all they can to preach , write and cry downe frequent preaching , as hurtfull and superfluous ; suppressing all or most weeke●…day lectures , with sermons on lords dayes afternoone in many diocese , ( o impiety ! ) inhibiting all painfull , godly ministers from preaching , some totally , other at least halfe so often as they desire to doe , or more : and , ( which is a thing almost incredible , and most impious ) suppressing lectures and preaching in all infected places , and that on the solemne fast-day , as a meanes to spread the pestilence , even then , when all former ages , and an eminent ancient popish councell , have cried them up as most necessary and usefull ; the sicke having farre more need of spirituall physicke and physitians , then the whole : math. 9. 12. 13. as for preaching from house to house ( bee it by a minister in his owne parish only ) our holy lord prelates are so farre from practising or approving it , though apostolicall , that they most unchristinaly prohibit , most impiously condemne , most severely punish it , and the repetition of sermons for a dangerous conventicle , deserving imprisonment , excommunication , fining , deprivation and what not , is a clowd of late examples testify . such holy successors of christs apostles are these ghostly lords spirituall ; i will not say , carnall , worldly , and diabolicall , as some too truly stile them : this being one of satan the great dragon his * principall instructions to the heard-men of his goates , bishops and archbishops ; to see that they hate , despise and blaspheme both the word of god , and the true preachers and lovers thereof , and not to suffer the truth and freedome of gods law to be knowne , but to keep it under as much as they can : to suffer no true preachers to abide in their diocesses , but quickly to bring them into great thraldome , charge and penury ; and never to cease till they have driven them away and set up in their roomes and places doctor ignorance domine drunkard , sir iohn lacke-latin , with sir william wilde-oathes that hunteth after whores , and such also as can play dissembling hypocrites , whereby the divels empire of darkenesse doth exceedingly flourish , which much decayed in all places by the true and frequent preaching of gods word . as for their planting or watering of churches , and converting store of soules to god , by their diligent frequent zealous preaching and pious lives , alas , which of our great archprelates can truly say , that hee ever yet truly converted one soule to god by his life or doctrine ? which of all our lordly loyterers can shew mee one man that he thoroughly convetted to christ or reduced to an holy life since he became a prelate ? ( scarce one or two , i feare , of the whole paeke . ) or what men are they this day living in england who can say with comfort , that a lord bishop was the meanes of their true conversion ? such converts doubtlesse are so rare , that all their names , i feare , ( like the good roman emperors ) may bee ingraven in one ring ; whereas the soules they have murthered and tumbled into hell by their ill examples , unjust , ungodly , tyrannicall , atheisticall lives , supressing of preaching lectures , godly ministers , repetition of sermons , private fasts , and christian private assemblies in all places ; declamations against purity , puritans , piety and precisenesse , making and countenancing ungodly , unworthy scandalous ministers ; stirring men up to prophane the lords owne day by dancing sports , &c. as wofull experience witnesseth past all deniall . o that these unprofitable lord prelates would consider that excellent saying of pope gregory the first . pensemus ergo &c. let us therefore diligently consider , who have ever been converted by our preaching ; who being reprehended for their perverse actions , have repented upon our reprehension : who out of our instruction hath for saken his luxury ; who declined his covetousnesse , who his pride ? let us consider what gaine wee have brought into god , who receiving a talent are sent by him to negociate with it . for he saith ; occupis till i come . behold hee now commeth ; behold hee requireth gaine out of our negotiation what gaine of soules shall wee shew unto him out of our negociation ? how many sheaves of soules shall wee bring before his sight out of the croppe of our preaching ? let us set before our eyes that day of so great distresse , wherein the iudge shall come and exact a strict account of those servants to whom he hath committed talents . there , shall peter appeare with converted iudaea , which hee hath drawne after him : there , paul , leading , that i may so speake the converted world . there , also andrew shall lead achaia after him ; there , iohn asia , thomas india converted by them , and present them to the view of the iudge . there all the rammes of the lords flocke shall appeare with the gaines of soules , who by their holy sermons draw a converted subdued flocke after them . when therefore so many shepheards shall come thus with their severall flockes before the presence of the eternall shepheard , what shall wee poore wretches ( what shall cur unpreaching , unprofitable lord prelates ) say , who after our negociation returne empty to our lord ; who have the name of pastors , and yet have no sheep at all to shew whom we have nourished and converted . here were wee are called shepheards , and yet thus we lead no flocke at all●… therefore we shall then be reputed 〈◊〉 hireling and murtherers , not as pastors . a speech which should make all our lordly prelates humble and give over their lording , loytering and secular imployments , to fall a preaching & winne some soules to god. 11. paul , ( christs most laborious apostle ) preached not only in the morning , but also in the evening on the lords day , and continued his sermon untill midnight . acts 20. 7. our godly devout lord prelates , not onely give over preaching themselues on lords day evenings , but professedly prohibit it as vnlawfull , by their printed visitation articles , suspending those that dare to preach , ( though they catechize also ) on the lords day evening , that so the profane vulgar may haue more liberty , and spend that time in dancing and playing , which this apostles spent in preaching . and are they not then his vndoubted successors . 12 finally , the apostles had no quadrangular ca●…s for their round pates , no stately miters for their heads , no rochets , surplesses , stoles , or other pontificall disguised vestments for their backs or armes , no rings or crosiers for their hands and fingers , no altars for their sacrament of the lords supper no tapers , vestment images , crucifixes altar clothes , organs , or arras hangings , singing men , cheristers , prebends , petty canons , canōs , deanes or chapters for their cathedralls or priuate chappell 's ( which they wanted ) no vicars generall , commissaries , officialls , registers , purseuants , high commissions , visitation oathes , articles , orders , injunctions , canon lawes or canonists for their diocesse , no coaches , chariots , pamper●… palfreys , footmen , horsmen , cookes , butlers , keepers hunters falkners , & traine of attendants for their pleasure , state , iournies , or hospitallity ; no cringings and bowings to altars , tables , crucifixes , or the name of iesus , no standing up at gloria patri , athanacius and the nicene creede , no kneeling at the sacrament , no procurations ; letters of ordination , licenses to preach , or keepe scholes , probate of wills , commissions of administration , seales of armes , tit'es of your grace , your lordship , your holynesse , your father hood , primate , patriarke , metropolitan , arch-bishop , most reverend father in god &c. alas poore silly fishe●…s and michaniks , they neither had , nor knewe , nor euer dreamed of all these pontificall inuentions , ceremonies , vestements , ornaments , titles , which our lord prelates claime , enioye , enforce by diuine authority as their successors , in which they place the very honour , luster , life and essence of their episcopalities and lotdlyresse ; they ; poore men , thought the canon of the scripture ( as did their master christ ) sufficient to rule and guide the church to the end of the world math. 28. 19 , 20 , gal. 6. 16. sufficient to make them wise to salvation , to build them up , to give them an inheritance among them that are sanctified , and to bring them safe to heaven acts 20. 32. gal. 6. 16. 2 tim. 3. 15. yea all sufficient for doctrine , reprooffe , correction , instruction inrighteounesse , that the man of god may be perfect throughly furnished unto all good workes 2. tim. 3. 16 , 17. without any other canons , decretalls , articles , injunctions &c. lord prelates are of a quite contrary faith and judgment . they , poore silly creatures , in their first generall counsell at ierusalem , would impose no ceremonies at all upon the gentiles , nor lay no other but these necessary things , as a burthen on them , to abstayne from fornication , and from bloud , and things strangled acts 25. 28 , 29. and paul himselfe , without expresse commaund from god , would not enjoyne or single vnmarried life to any , but only advise it , yet so , as to leave every man to his owne free liberty and discretion 1. cor. 7. 8. 9. 25. 26. 27. 28. to 40. yea else where ; hee beates downe all humane traditions and constitutions as no wayes obligatory in diuine , or ecclesiasticall matters . col. 2. 20. 21. 22. 1. cor. 7. 23. 1 tim. 4. 1. 2. 3. 4. 5. 6. gal. 1. 10. c. 2. 9. to 20. c. 3. 1. 2. c. 5. 1 , 2. but our lordly prelates farre wiser and statelier then they , who were no lords nor peeres , of their severall divided heads without advise of kings and parliament , by their owne lordly authorities in their owne names , can forge , prescribe enioyne , and that upon oath and subscription , many hundred unnecessary ceremonies , articles and injunctions , not any where commanded by christ ; and impose them upon ministers and people under paine of suspension , excommunication , imprisonment , deprivation , and what other penalties their royall papall majesties please , to inflict , enforcing church-wardens ( contrary to gods law , by the very rhemists owne doctrine ) to present the infringers of them upon oath , ( whereas they enioyne them not to present the violaters of gods owne ten commandements , or any of christs , or his apostles precepts ( as they are such upon oath , which god himselfe never enforced to b●… enquired or presented upon oath ; a thing considerable ) such gods , popes , kings , tyrants , and absolute lords are they now growne over mens consciences , soules , bodies and estates , all now made captive to their more then divine , imperiall , papall , pleasures ; as experience every where testifieth to our griefe and payne . iudge now even you lordly prelates , and all ye people of the realme , by all the premised parallels ; wheither these great lords and th●…ir prelacie bee of diabolicall or divine institution , wheither they are of christ or the divell ; the impes and spurious beats of the one ; or sonnes and genuine children of the other ; the successors and followers of the i●…wish high priests , or of the apostles : iudge , i say , of these things , not with passion or affection , but with imparciallitie and conscience ; not by opinion or fancie , but by experience and truth ; not with malice or prejudice eyther way , but with downe-right sincerity , as you desire christ shall iudge you at the day of iudgement , and as your selves then shall judge . and when you have done his , then let our lordly prelates give up that verdict of themselves and others of them , as their soules and consciences shall sincerely dictate ; and then i doubt not , but their pretended ius diuin●…m for their lordly hierarchie , will be a non est inuentus , and all their lordlynesse , pompe , power , state , pride , canons , articles , oathes , ceremonies , titles , innovations , suspensions , and present fore-specified practises , cast and sentensed for ever to the pit of hell , from which they sprung , if my poore weake iudgment doth not misinforme me . iohn rupescissa ( a bold propheticall preaching friere ) told the ro●…ish cardinals and prelates some 300. yeares since , that they were the peacocke whom all the birdes had enriched with their feathers , whereby shee was growne so proud , that shee would never know herselfe , till the kings and princes of the earth that had decked and enriched her , should come , and taking every one of them his owne feather , leaue her as bald and naked as they found her , and then as their pride & wealth was the begining of all the errors , schismes and corruptions in religion that troubled the world , so their humiliation and fall should be the end of them . i may apply his prophecie to our lordly prelates now : they are the only proud peacockes of the world so adorned and swolne with worldly honour , power wealth , pompe , pride and greatnesse , that they will ne-ver know either god or themselves till the king & temporall lords who have decked and enriched them with these gorgeous plumes , shall come , and taking euery one of them his owne feather , leave them as bald and naked as they found them . and then as their pride , pompe , lordlinesse , powre and worldy wealth hath beene the errors , schismes , innovations , corruptions in religion that have troubled our church and the whole world ; ( yea , of all the grievances , oppressions , tallayes , and mischeifes , that have insteed our state of later yeares ) so their humiliation and fall shall bee the end of them . vp therefore o most gracious soveraigne lord king charles , & all yee english nobles , without more delayes , and unp●…ume these luciferian proud peacocks of all those royall lordly feathers , they have unjustly stollen and usurped from you : and since they claime all of them from a divine right and title , ( without any shadow or ground of truth , as i have been demonstrated in the preceeding parallels , beyond all contradiction , ) and will no longer enjoy or claime them as from your grace and bounty , leave them not one feather more to hide their nakednesse , but what gods word hath clearly indowed them withall ; then certainely they will be so bald and naked , that they will never play the divels , lords or high priests more . and that this dunghill generation of lordly peacockes may no more inf●… either our church or state ; beseech you , follow the counsell , that one curghesis once gave to the king of meth , when hee demanded of him , hom hee might destroy certaine noysome birdes then lately came into ireland , where they did much harme to the countrey ? nidos eorum ubique destruendos : let their nests bee every where destroyed , i meane , their pompous , papall unprofitab●…e , unuseful sees and cathedralls , ( now their very chaires of pestilence , the seminaries of popery , superstition , idolatry , pride , lasines , nonresidency , epicurisme and prophanesse , ) or else turned to some better uses , as were our abbies , priories , monasteries , nunneries and chauntries hertofore ; else though they be cast out for a time , yet they will ( as popery now doth ) creep in againe by degrees , and hatch more lordly peacockes , ravens , rookes noysome birdes , as bad , as ravenous and pernicious as themselves , to the utter subversion both of our church and state , which now lie gasping out their last breath under their papall pride and tiranny without some speedy rescue . finis . notes, typically marginal, from the original text notes for div a10189-e150 (a) in his works p. 217. 211. (b) page 284. 198. (c) in his workes p. 116. (d) practise of popish prelates p. 343. (e) obedience of a christian man p. 114. 138. 135. * why it is ; that b. put downe preaching . (f) acts and monuments edi . 1610. pag. 462. 463. notes for div a10189-e520 the epifile of lucifer , to the proud prelates of the popes clergie . to difference betwene the bishops of primitive church & of the latter church humilitie edifieth . pride destroyeth . placing of all mischiefe . thechurch never well governed since the divells ●…ere taken of the church-men . pride in prelates noted . popish pre lates neither give to god no●… caesar that which belongeth to god and caesar. thedouble iurisdiction of the popes tw●… s●…ords cometh of lucifer . dominus . sanctus . sanctijimus . the lasciuious and 〈◊〉 life of the romish clergie . vhe whorish latter church of rome . pope successor not of simon peter , but of simon magus . wicked & vnworthie ministers admitted in the popes church vnworthy bestowing of benefices . extorsion . perverting of iustice . acception of person . bribery . love of lucre . dstructio of true faith . the life of papists contrary to their teaching . the pope increaseth hell . antichrist the pope a fained procurer of peace between princes . simony the popes nurse promoting of provd and rich cardinals cloked holinesse . wresting of scripture . tyranny and cruelty by the p pe . ex registro hereford . notes for div a10189-e2030 (a) william bishop of rochester his first sermon before k. iames at hampton court sept. 21. 1606. b. downham his consecration sermon and the defēce thereof : with b. bancrofts sermon & others . b. mountague in his appeale to cesar : b. white in ●…rabounces 〈◊〉 . godwins catalogue of bishops : the acts of english votaries by bale centur . mag. 4. 10. 13. c. 7. & 10. (b) balaeus & platina de vitis pontificum . see bishop whites treatise of the sabbath : 7. 266. pocklington , heylyn , & others . math. 25 ●…6 . 42. 〈◊〉 . 1. ●…7 . 〈◊〉 see b. l●…timers sermon of the plough . (g) see bishop ●…rens b. mountagues b. laudes . bishop perces oathes & printed visitation a●…icles . * see fox acts and monuments p. 114. (h) see bishop whites treatise of the sabbath , epistle dedicatory . (k) ier. 4. 22. (h) rev. 2. 5. 6. (i) hose●… . 7. 4. 6. (k) a coale from the altar . printed an. 1636. (l) isay. 6. 6. 7. (m) iob. 6. 5. see pocklingtons sunday no sabbath . (n) acts and monuments . edit . 1631 vol. 3. p. 85. 95. 497. (o) shelford his sermon of the church sunday no sabbath . p. 46. ●…heeue , & others . (p) dan. 3. 5. 6. 7. (q) math. 15. 9 (r) math. 15. 9. (s) 2. sam. 14. 2. to 22. (t) 〈◊〉 : and dr. iohn white his epistle dedicative to k. iames before his de●…te of the way . (v) shelford his sermon of gods house a co●…e from the altar . p. 1. 2. 3. &c rheene his communion booke 〈◊〉 expounded epi●… . dedicatory p. 20. &c. * so dr. corbet b. bwrens chancellor iately termed preaching and said he had scripture for it . (x) gen. 3 1. 2. 3. 4. * see this answer to the great turkes letter an●… 1542. & bale de vitis pontificium . (y) mr. tyndall his practise of popish prelates . p. 350. (z) platina & bale de vitis pontificum . dr. ioh. wite his way to the true church . sect. 57. n. 9. 10. (a) p. 368. antiqu. ecclesiae brit. in the life of arch-bishop warh . p. 357. 3. 358. (b) foote out of the same london 1624. p. &c. (c) of the perill of idolatri p. 41. 42. 61 , it is wickednes for a christian to erect such an image to god in a temple , &c. * see looke about you . m. henry burton d. burges , m. white , and others . * oh that a man had but the view of hell ; ( saith ●…ather latymer in his sermons , hee should see on one side of it a row of unpreaching prelates in their square caps as farre as betweene this and dover , i warrant you , as farre as betweene this and dover . * it is reported of his arch-grace of canterbury , that when he was a poore scholler in oxford hee dreamed , that he should first be a bishop , then archbishop of canterbury , and a great persecutor of gods ministers and people : ( which 〈◊〉 〈◊〉 all 〈◊〉 ) and that at last hee si●…cke do●…ne into hell , 〈◊〉 he awaked , and then and since oft related this dreame enough to terrify and a●…ake his lordship , if true , in the midst of his present furious ●…ersecutions . * see how these disloyall officers most vniustly lay the blamt of all their tiranny , oppression , innovations & iniustice upon his maiesty : to rob him of his peoples hearts and affections . (h) acts. 22. 1. 2. witnes m. henry burton now charged by them , with sedition : with many others , as was b. latimer , and all our martyrs of old . iudges of england resolved in one smipsons case 42. eliz. (p) antiq. ecclesiae brit. p. 350. 351. 352. godwins catalog . p. 167. (q) godwi . p. 611. to 614. * his archgrace of canterbury . (p) in an old booke in h. the 8. his daies of the difference betweene christs & antichrists bishops . * the court our bishops now abuse to set up their owne papall hierarchie , and enforce their unlawfull commands . * septem diaconi subliuior gradu caeteris proxime circa aram dei quasi columniae altaris assisterent i●…dor , & concilium aquisgra●…se . ibidem . * an answer unto a letter sent by the great turke &c. compiled & imprinted by iohn mayler , an . 1542 , if thou bee put to an oath to accuse 〈◊〉 〈◊〉 〈◊〉 they ought to doe , or to utter any innocent man , to gods enemies and his , thou oughtest to refuse such unlawfull oeaths : but if thou have not constancy and courage so to doe , yet know , that such oathes binde not at all in conscience and law of god , but may and must bee broken under payne of damnation . for to take such vowes or oathes is one sinne and to keep them is another farre greater . rhenists notes on acts 23. v. 12. a shrod blow to all visitation and ex officio oathes . aurum reginæ, or, a compendious tractate and chronological collection of records in the tower and court of exchequer concerning queen-gold evidencing the quiddity, quantity, quality, antiquity, legality of this golden prerogative, duty, and revenue of the queen-consorts of england ... / by william prynne, esq. ... prynne, william, 1600-1669. 1668 approx. 591 kb of xml-encoded text transcribed from 73 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2006-06 (eebo-tcp phase 1). a56130 wing p3898 estc r4976 13202094 ocm 13202094 98459 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56130) transcribed from: (early english books online ; image set 98459) images scanned from microfilm: (early english books, 1641-1700 ; 435:3) aurum reginæ, or, a compendious tractate and chronological collection of records in the tower and court of exchequer concerning queen-gold evidencing the quiddity, quantity, quality, antiquity, legality of this golden prerogative, duty, and revenue of the queen-consorts of england ... / by william prynne, esq. ... prynne, william, 1600-1669. [8], 138, [1], 43 p. printed for the author by thomas ratcliffe, and are to be sold by edward thomas ... and josias robinson ..., london : 1668. errata on p. [1] at end. reproduction of original in cambridge university library. marginal notes. "an additional appendix to aurum reginae" (43 p. at end) is lacking on film. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -great britain -history. 2005-12 tcp assigned for keying and markup 2006-01 aptara keyed and coded from proquest page images 2006-02 judith siefring sampled and proofread 2006-02 judith siefring text and markup reviewed and edited 2006-04 pfs batch review (qc) and xml conversion this book having been perused and approved by sir robert atkins , sollicitor general to the qveens majesty , i think it fit to be printed . orl. bridgeman c. s. aurum reginae ; or a compendious tractate , and chronological collection of records in the tower , and court of exchequer concerning queen-gold : evidencing the quiddity , quantity , quality , antiquity , legality of this golden prerogative , duty and revenue of the qveen-consorts of england . the several oblations , fines out of which it springs both in england and ireland ; the queens officers in the exchequer to receive , collect , account to her for it , with their patents ; the lands , tenements , goods , chattels , persons liable to satisfie it ; the questions in law about it ; the kings title to the arrears thereof by the qveens decease ; the process by which it is to be levyed , and what else concerns it . with an addition of some records concerning our royal mines of gold and silver , and four patents of k. henry the 6. by authority of parliament , for finding the philosophers stone , to transubstantiate baser metals into solid real gold and silver , to satisfie all the creditors of the king and kingdom in few years space . by william prynne esq a bencher of lincolns-inne , keeper of his majesties records in the tower of london . rom. 13. 7. render therefore to all their due , tribute to whom tribute , custom to whom custom belongeth . london , printed for the author by thomas ratcliffe , and are to be sold by edward thomas at the adam and eve in little-britain , and josias robinson at lincolns-inne gate . anno 1668. to the most illustrious princess katherine , queen consort to his sacred majesty charles the ii. king of england , scotland , france and ireland . it being the principal part of my solemn a oaths to the king your husband , as his subject and servant , that to my power i shall assist and defend all jurisdictions , priviledges , preheminences and authorities granted or belonging to the imperial crown of this realm ; i thereupon reputed it no sordid court-flattery , but a commendable bounden duty , to contribute my best assistance , not only to vindicate and defend the soveraign ecclesiastical iurisdiction of his majesty and our british , roman , saxon , danish , norman , english kings , against all usurpations , encroachments of popes and prelates , in several b folio volumes ; but likewise to endeavour to restore to your royal majesty in this small tractate , one of the antientest , royalest , richest civil prerogatives , duties , and casual revenues belonging time out of minde in england and ireland , ( by the laws , custom thereof ) to the queen-consorts of england , commonly stiled aurum reginae , or queen-gold ; which all your noble predecessors have successively claimed , if not enjoyed , from the time of our most renowned c queen helena , ( wife to constantius , and mother to the famous christian emperor constantine the great , born and proclaimed emperor in this our island ; the first christian queen , empresse in the world , canonized as a saint for her transcendent piety , charity , munificence to propagate the true christian faith ) till this present age . in which , as some of the richest veins of this gold mine have been quite cut off from the crown by d two late acts of parliament , abolishing and taking away the court of wards , wardships , tenures in capite , and writs to receive the order of knighthood , with all fines and oblations arising from them , out of which queen-gold was constantly due , paid in all former ages ; so the remaining branches thereof are in great danger to be totally , yea finally lost and buried in oblivion , not only to the grand dishonour , prejudice of your majesty , and all succeeding queen-wives of this realm ▪ but also to the e exheredation of the king and his successors , ( from whom this prerogative-duty originally springs , and to whom all the arrears of queen-gold accrue after f queens deceases ) if not speedily claimed , revived , recovered by your majesty for time to come , though perchance necessary , or convenient to be pretermitted and remitted for time past . if these collections of records , published in their original dialects , to evidence and vindicate your majesties undoubted right to this just legal debt , ( which i most humbly present to your royal hands , as a voluntary oblation , and freewill-offering ) shall prove instrumental to yield any assistance towards the recovery of , and re-adorning your royal crown with this golden globe , now severed from it ; or the enriching your wardrobe with this gold fleece , or to the advancement of your majesties honour and glory , it will be a sufficient recompence to , your majesties most humble devoted servant , william prynne . to all ingenious readers , especially professors and students of the common laws of england . gentlemen , i here present to your view , and candid acceptation , a compendious tractate , and chronological collection of such records in the tower of london , and exchequer court at westminster , which concern the antient royal prerogative , and lega● duty of queen-gold , belonging time out of minde to all our queen-consorts both in england and ireland , whereof there is rare or little mention in any printed law-books , except sir edward cooks posthumus a reports , and b institutes ; wherein he hath over-much clipped this gold coine , and mistaken or misapplied some records that concern it , as he hath done in sundry other particulars i have c elsewhere discovered , to the misleading of those of his profession , and other readers who through ignorance , laziness , or over-much credulity , vouch and cry up his misquoted , mistaken , or misapplied records and antiquities , ( which he had little leisure to peruse himself ) as undoubted verities , and infallible oracles . all the records here cited i have carefully perused and examined with my own eyes , except only those few i have quoted out of mr. william hakewils treatise , w. b. and mr. attorney herberts collections of queen-gold , the rolls and numbers whereof are either mistaken in the years , or the writs , records themselves mislaid , or lost , being not to be found at present , upon my search after them in the several treasuries and offices in the exchequer ; wherein i was much assisted by mr. hall , mr. burnet , mr. fauconbridge , and other clerks and officers of that court , who communicated their notes of this subject to me , and will be both enabled , encouraged by this publication to a further scrutiny after this gold ore , as well in the neglected files of writs , and baggs of accounts , as rolls in their respective offices , into every of which i had yet no leisure exactly to search . my principal end ( next to the discharge of my sworn duty to his majesty , and service to his royal consort the queen ) in compiling and publishing these ( as well as * former ) collections of records , was to discover and communicate some over-long concealed branches of the antient common law of england , ( and more particularly those relating to the duty of queen-gold ) to the students and professors thereof , unknown to the majority of them , being generally unacquainted with our best , antientest records ; wherein the most publick , usefull parts , arteries of the laws of this realm , as the summons , acts , proceedings , judgements pleas , priviledges , jurisdictions of our english and irish parliaments , and all other courts , and grand officers whatsoever , civil , ecclesiastical , naval , or military ; the soveraign rights , titles of our kings to the crowns , and all crown-lands of england , scotland , ireland , wales , france , normandy , aquitain , gascoign , britany , the isles of oleron , jersy , gernsy , alderny , serke , man , anglesey , scilley , lundy , and to the british ocean ; the several prerogatives , royalties of our kings , queens , princes of wales , and coun●y palatines ; the militia and defence of our realms by land or sea ▪ the successions , endowments , revenues , priviledges , salaries of our archbishops , bishops , abbots , priors , judges , officers of all sorts ; the charters , foundations , confirmations , franchises of all kinds of corporations ; the appropriations of churches ; the creations , pedigrees , tenures , lands , services , fairs , markets , parks , chaces , warrens , royalties , customs , revenues of most of the english , irish , scotish nobility and gentry ; the bounds , perambulations , assarts , deafforrestations of all forests , chaces ; the mints , stanneries , mines , coine , trade , exchanges , merchandize , government of england , scotland , ireland , and isles belonging to them ; the treaties , leagues with foreign kings , states ; sundry rare excellent writs , prohibitions , proclamations , inquisitions , commissions , charters , letters of our kings to foreign emperors , kings , states , popes , cardinals , and their letters , bulls to them concerning state and church affairs ; cases , appeals , and matters of common , martial , marine law , law of merchants concerning reprisals , depredations , arms , heraldry , and whatever else may conduce to make heroick studious spirits accomplished lawyers , heralds , historians , statesmen , are comprised and rolled up in obscurity in our over-much neglected records ; upon which account our kings have had special care to preserve them as sacred , and their best , richest treasures , in the * tower of london and other places of greatest security . if these collections shall excite any gentlemen of my profession or others , to a more industrious search , study of records , or contribute any addition to the dignity , splendor , amplitude of our common laws , ( the grand supporters , preservers of the crowns , scepters , royalties of our kings and queens , as well as of the subjects liberties , properties , lives ) i shall repute my pains and cost sufficiently recompenced , and be thereby encouraged through gods assistance , to voluminous publications of records of another more general usefull subject , wherein i am engaged , for the honour of our english kings , kingdom , church , nation , laws , against all foreign and domestick usurpations on , or underminers of them . from my study in lincolns-inne march 25. 1668. william prynne . a compendious tractate concerning avrvm reginae : the proeme . observing in my perusal of ancient records in the tower of london , and kings court of exchequer at westminster , many remarkable patents , writs , cases , passages , resolutions , and some accounts concerning the most ancient , eminent benefical royal prerogative of the queen consorts of england , stiled avrvm reginae , or queen-gold ; conferred on their majesties by the lawes of england as an honorary contingent revenue , inseparably annexed to their persons by virtue of their marriage to our kings , intituling them to this , and a sundry other regalities , prerogatives , frequently mentioned in our records and law-books : yet finding no mention nor discourse concerning avrvm reginae in sir henry spelmans glossary , or any printed volume of the common law , except only in sir edward cooks posthumus b twelf part of his reports , ( published in a time of anarchy ) wherein he cuts off several rich veins of this gold mine , contracting it into such diminutive narrow limits ( not warranted by the records there briefly quoted ) as render it inconsiderable , unworthy the title of a royal prerogative , or the claim , receit of any future qu●●n consorts , notwithstanding their undoubted right , title to this golden duty , which he doth ingenuously acknowledge . upon this account , i apprehended , i could not perform a more acceptable , loyal service to the kings and queens of england , or communicate a more desirable piece of antiquity , law to the students or professors of the common law , then to present unto their view , this summary chronological collection of those rare records i have met with , which most perspicuously evidence the quiddity , quality , quantity , antiquity , legality of this royal duty of queen-gold ; the fines or mines out of which it springs , the officers , and processe in the kings exchequer by which it was anciently received , levied , accounted for to the queen consort whiles living , and to the king himself after her decease ; with other particulars that concern it , necessary for the exact discovery , knowledge , recovery of this long discontinued concealed treasure , and reducing this old golden fleece into our new queens wardrobes and cabinets . in order whereunto i have here briefly digested all i yet know that concerns this subject into these 6. ensuing sections . section i. what aurum reginae is , as to its quiddity , quality , quantity , or proportion . the first thing i shall present you with , is , a brief definition of aurum reginae , as to its quiddity , quality , quantity , or proportion . aurum reginae , is a royal debt , duty , or revenue , belonging and accruing to every queen consort , during her marriage to the king of england , ( both by law , custom , and prescription time out of minde ) due by every person of what quality or calling soever within the realms of england or ireland , who hath made a voluntary oblation , obligation or fine to the king amounting to ten marks or upwards , for any priviledges , franchises , dispensations , licenses , pardons , grants , or other matters of royal grace or favor conferred on him by the king , arising from and answerable to the quantity of such his oblation or fine ; to wit , one full tenth part over and above the intire fine or oblation to the king ; as one mark for every ten marks , and ten pounds for every hundred pound fine , and so proportionably for every other sum exceeding ten marks ; or one mark of gold to the queen for every 100. mark fine in silver to the king : ( being both one in value and proportion ) which summe becomes a real debt and duty to the quéen by the name of aurum reginae , by and upon the parties bare agreement with the king for his fine , without any promise to , or contract with the king or queen for this tenth part exceeding it , which becomes a debt on record to the queen by the very recording of the fine . this definition or description of aurum reginae the following records in the 6. section will both explain and confirm in all its branches ; to which for brevity i referr you . sect . ii. why it was originally and till this day , stiled aurum reginae . the true reasons ( as i apprehend ) why it was originally stiled aurum reginae were two ; first , because gold being the queen , best , chiefest , purest , richest , fairest , durablest , most desirable of all other metals , as c philosophers , and d divines assert , though paid with a greater proportion of silver to our queens or kings , gave the name or denomination of gold to the intire summe , according to the received maxim , denominatio sequitur meliorem partem ; to which that of horace may be applied . e et genus et formam ( gold ) regina pecunia donat . 2ly . because anciently many , if not most voluntary oblations , fines made to our kings , and particularly this duty of queen-gold to our queens , were paid in gold , either in masse by weight , or in coyn , as the fine and pipe rolls during the reigns of king john , henry the 2. & 3. and edward 1. abundantly testifie . i shall instance only in some fines to the king , ( there being hundreds of the like nature ) since other records in the 6th section will evidence this duty to our queens to be paid in gold ; whereupon it was called aurum reginae . in the fine roll of 36 h. 3. m. 1. in the tower : adam de sumery dat . regi dimid . marc . auri pro habendo respectu de milicia sua . solvit p. chaceper . et quietus est . willielmus fil . odonelli dat regi pondus duorum solidorum auri , pro habendo respectu de milicia sua . walterus de burys dat regi sex bizanc . ( f besants , a gold coin made at bizantium of the value of a golden noble ) then frequent , and currant in england and other parts , especially among the jews and saracens , and often mentioned in our records , g histories ) pro eodem respectu ( militiae ) habendo . thomas de weseham cirurgicus regis , dat . regi . 12 talenta ( viz. auri ) pro quadam carta habenda . richardus de munfichet dat . regi decem marc. auri , de quibus solvit duas marc. in garderoba regis pro habenda balliva sua forest● quae cap●a fuit in manum regis . et de residuis octo marc. auri , rex concessit ei , quod reddat ei 4. marc. ad pasch . an. 36. et 4. marc. ad festnm s. michaelis prox . sequens . there are hundreds of like presidents in this and other h fine rolls . neither was this the usage only of england , but of most other countries , to present kings , and pay them their tributes , rents , customs , fines in gold , the king of all other metals ; therefore most apt , congruous for their royal majesty , whose heads were usually adorned with i crowns , their hands with k scepters of pure gold , and their l queens arrayed in vestures of gold ; as * emblems of their royalty . upon this ground , m hyram king of tyre , and the n queen of sheba , presented king solomon with sundry talents of gold ; who had likewise o coming to him every year the weight of 666. talents of gold , besides that he received of the merchant men , and all the kings of arabia , and governors of the country in customes and rents : whence solomon p stiles gold , the peculiar treasure of kings : upon this account q king david , and r isaiah , prophecying of the kingdome and regality of christ , used these expressions ; the kings of tharshish , and of the isles shall bring presents , the kings of sheba and seba shall offer gifts , &c. and to him shall be given of the gold of sheba . all they from sheba shall come and shall bring gold and incense . literally fulfilled by the ſ wise men who came from the east by the conduct of a starre to worship our saviour christ when born king of the jews : who comming into the house where he was with his mother , they fell down and worshipped him : ( not his mother , as the t romanists erroniously do , yea as much or more than him ) and when they had opened their treasures , they offered unto him ( not her ) their gifts , gold , frankincense , and myrrhe . on which u st. cyprian hath this memorable observation . primitiae gentium sacramentalia munera proferunt de thesauro , profitentes ex ratione munerum de eo quem adorabant , quid credebant . in avro regem , in thure sacerdotem , in myrrha incorruptibilem quam●is passibilem profitentur . moreover , the sacred story records , that x sennacherib king of assyria put hezechiah king of judah to a fine or tribute of 30. talents of gold , to satisfie which , he cut off the gold from the doors and pillars of the temple , and gave it to the king of assyria ; after which pharaoh necho king of egypt put the land to a tribute of 100 talents of silver , and one talent of gold , y ( proportionable to aurum reginae ) which king jehoiakim gave him , z exacting the silver and gold afterwards from the people of the land , from every one according to his taxation ; and that by way of fine or composition for their rebellions against the king of assyria and pharaoh necho . in brief ▪ as the a kings of england by their prerogative royal have all mines of gold in whose soil soever they are found , annexed and appropriated to their crownes ; whence they were stiled royal mines ; so this duty being a golden mine united to the persons , crowns of the queen wives of england , and for the most part paid in gold , was stiled avrvm reginae . sect . iii. the antiquity , legality , and reasonableness of aurum reginae . the next thing to be inquired into and evidenced , is the antiquity , legality , and reasonableness of this duty of aurum reginae ; which i shall but briefly touch , because the ensuing records ( sect. 6. ) will at large demonstrate it . it s antiquity will best appear by the first record and discourse i have yet discovered concerning it ; viz. the learned dialogue of gervasius tilberiensis , nephew to our k. henry the 2. and an officer under him in his court of exchequer ; of whom b john bale bishop of ossory renders us this character . gervasius tilberiensis , henrici secundi anglorum regis nepos , vir non mediocriter eruditus ; literarum titulo bonarum insignis , &c. this dialogue of his contains the foundation , constitution , jurisdiction , officers , proceedings of the court of the kings exchequer in that and former ages , being reserved therein as a most eminent record , and directory for the proceedings thereof , stiled by most , * the red book of the exchequer ; wherein there is a particular chapter and discourse de auro reginae , ( which i shall present you with in its proper place ) not as a prerogative or duty introduced , established in that age , but belonging to our queen-consorts time out of minde , as ancient as any debts or duties belonging to our kings , and coaeval with them . to which i shall only subjoyn the writs of king edward the 3d. directed to the barons of his exchequer on behalf of queen philip , term. pasch . an. regni sui 12. and to his justices , treasurer and chancellor of ireland , an. regni sui 34. for levying this debt and duty for her use in ireland as well as england ▪ which recite ; that aliae reginae praedictum aurum illud recipere consueverunt totis temporibus retroactis : ipsaque et omnes praedecessores suae reginae angliae habere et percipere consueverunt , de tempore quo non extat memoria , de auro reginae unam marcā de singulis decem marcis omnium finium nobis in curiis nostris , tam in anglia quam in hibernia , factarum . this duty hath been accordingly claimed , enjoyed by all queens since , till the reign of king edward the 6. who dying before marriage , and his sisters qu. mary and qu. elizabeth succeeding him in the throne , there being no queen-consorts during their three reigns ; this duty was suspended for above sixty years together ; but then claimed by queen anne , the next queen consort , and 4 to jacobi , upon a reference by the king to some judges , c resolved to be her undoubted right ; and since claimed by queen mary , as her due prerogative . the reasonableness and justice of it , will best appear by the original grounds and reasons thereof : which i apprehend to be three . first , the extraordinary conjugal love , affection , honor , which our kings of england did usually bear , and really expresse to their royal queen consorts upon all occasions , which induced them to confer this profitable , as well as honourable prerogative of queen-gold on them , to be received as a debt or casual gold-revenue from all their subjects to whom they extended or dispensed any regal grace and favor , that by this royal perquisit they might furnish themselves with rings , jewels , vessels , * vestments and other ornaments of gold , fit , necessary for their royal state and majesty . for , as d vlpian the ancient famous civil lawyer informs us concerning the roman empresse , augusta licet legibus soluta non est , principes tamen illi eadem privilegia tribuunt quae ipsi habent . quodcunque privilegii fisco competit , hoc idem et caesaris augusta habere solet ; is true of our english queens , who in the antientest and later times of our saxon kings , or before , and ever since , were not only crowned , anointed , and sat with the kings in their seats of state ; but had divers prerogatives allowed to them by our kings & laws ; and † anciently the queen wife had a revenue of queen-gold , or avrvm reginae , as the records call it ; that is , the tenth part of so much , as by the name of oblata , came to the king ; as mr. selden truly observes . 2ly . the frequent mediations and powerful intercessions of queen consorts to our kings in most grants of honors , offices , licenses , franchises , priviledges , pardons , &c. to their subjects , out of which this duty of aurum reginae accrued to them ; which being commonly procured , or their fines moderated , much abated by their * royal mediations ; the subjects therupon for these their favors , by way of gratitude and justice , held themselves obliged to present them with so much gold as amounted at least to one tenth part over and above their intire moderate fines , which they voluntarily proffered & agreed to pay into our kings coffers : and in case of their ungrateful neglect thereof , they were by the custome , justice , and law of the realm enforced to pay it , by legal processe and executions issued out against them . the rather , because in many copyhold and other manors of this realm , the wives or ladies of the land-lords , did and still do both claim and receive from the copyhold and other tenants upon the renewing or changing of leases or estates , a gratuity or summe of money proportionable to their fines , over and above the intire fines paid unto their husbands as land-lords , upon the self-same reason ( of favor and mediation ) as our queens claim their queen-gold . 3ly . the due honor , gratitude , and munificence which all faithfull subjects ought to exhibit to the kings beloved consort , when they received any special grace , grant , priviledge , benefit , office , or pardon from the king , ( the king and queen being but one flesh , person in law in some respects ) excited , engaged them both in duty , gratitude , honor to the king , queen , and likewise out of self-interest to present the queen with a piece of gold proportionable to their fines , and benefits received ; who by their chearfull , gratefull payment of her aurum reginae , obliged her to become their future mediatrix and advocate to the king upon all occasions for the enjoyment or continuance of their former indulged grants , offices , liberties , pardons , and for the procuring of new upon any emergent occasions ; that of the poet ovid in another case , holding true in this ; e — auro conciliatur amor . this aurum reginae arising only from oblations or fines that are voluntary , not enforced , being an ancient , customary , legal , known duty time out of mind , it can be no unreasonablenesse , oppression , injury or injustice in the present queen consort or her successors to claim , demand and receive it , no more then in their predecessors , it being a received maxime in law , volenti non fit injuria ; and a precept of the law and gospel too , f render to all their due , especially to kings , queens , and the higher powers . sect . iv. for what fines and oblations to the king aurum reginae ought to be payd to the queen , and for what not . for what sort of fines and oblations to our kings , this aurum reginae ought by law and custom to be paid to their queen consorts , and for what not , the ensuing records , writs , accounts , ( sect. 6. ) will fully inform & resolve us . in brief , aurum reginae , is due and payable for all fines and oblations of ten marks or upwards ( after the rate and proportion of one mark to the queen for every ten marks due or paid to the king ) for all licenses of alienation of lands held in capite of the king ; all licenses to appropriate churches , or alien lands , rents , tenements in mortmain ; for the kings widowes , or wards to marry to whom they please ; and for all fines for pardons of such alienations or marriages made without the kings precedent license ; for all fines to the king for grants of the body , lands , or marriages of his wards : for the custody of abbies , priories , monasteries or bishopricks during their vacancies , by those who sued and paid fines for them ; for liberty , or licenses to hunt the hare , fox , cat , boar , wolf or badger ; or to enclose or fell woods , or plough or assart lands within the kings forests ; for fines for respiting , or not receiving the order of knighthood : for not going , marching with the army of the king to his wars when bound by tenure ; for fines for all charters , patents creating , granting , confirming corporations , tenures , honors , dignities , offices , lands , markets , fairs , priviledges , liberties , chases , parks , free-warrens , wrecks , waifes , strayes , felons goods , free fishing , or other royalties , immunities , exemptions from tallages , tolls ; murage , pontage , services in juries , assises , or publike offices ; and for all fines for new patents to confirm , alter , or enlarge all or any of the premises ; for fines for pardons , or remissions of all sorts of trespasses within forests or elsewhere , or for breaches of the peace , frauds , deceits , concealments , felonies , manslaughters ; for fines for the restitution of lands , liberties , offices , goods , chattels , merchandizes forfeited to or seised by the king ; for saving the lives of persons condemned to die ; for breaches of , or dispensations with penal lawes ; for fines for indenizations of aliens ; or protections , safe-conducts granted to them ; for fines , ransoms of jews for their offences , as well as of christians ; and for all other fines of like nature with those here enumerated , mentioned in the fine and pipe rolls , and 6. section . on the other hand , aurum reginae is not due or payable for any subsidies , aides , quindisms , tonnage , poundage , voluntarily granted to the king by the lords & commons in parliament , or disms by the pope or clergy , for the necessary defence of the kingdom or church of england , or holy land , or for fines for respite or remission of their payment at the times limited , as most conceive : nor for fines imposed , and ascertained by judgement of the court against the offenders wills , not left indefinite to the kings pleasure , and parties subsequent composition or agreement ; nor for voluntary fines or oblations of palfries , hawks , tuns of wine , or the like to the king , either alone , or joyntly with any certain sum of money , ( as of 10d . marks or pounds in gold or silver , and of one , two , three or more palfries , hawks , or tunnes of wine , frequent in all ancient fine and pipe rolls : ) because these were not money , nor apportionable , and their rates , values being * uncertain , variable , our law could set no certain rate or proportion on them , nor any processe be legally issued to levy them . sect . v. what interest the queen-consorts have in their queen-gold . by what officer it is to be received . by what processe to be levyed when unpaid ; and on what lands , goods . to whom the arrears there of accrue after the queens death . this duty of aurum reginae is so absolutely vested in the queen , that although the king himself should pardon or remit all or any part of his fine to the party by which it became due to the queen , yet he could not pardon , remit , nor apportion this duty to his queen , nor respite the process to levy it , without her own consent : and if the king her husband deceased , this debt survived to the queen , and was leviable in the reign of the succeeding kings not withstanding , by like processe as before . this duty or revenue was received , collected , levyed by a special officer , or clerk in the court of exchequer , authorized and appointed by patent from the king , or queen , or both of them , to receive , collect , levy , and render an account there of in that court. if this duty was not voluntarily paid , it being a debt grounded on and warranted by matter of record , as the fine rolls in the court of chancery , or extracts , pipe-rolls in the exchequer , wherein the oblations , fines out of which it arose , are enrolled ; it was levied by writs of extent or execution issued out of the court of exchequer to the sheriffs , in the self-same manner , form as the kings debts were , next after the kings own debts , but not before them : and that upon the debtors lands or goods which he had at the time when it first grew due , or upon his sureties in case he had no lands nor goods to satisfie it . if the queen-consort deceased , all the arrears of this duty accrued and survived of right to the king her husband , if living ; and to his successor , if dead : who levied them by processe out of the exchequer , as they did their other proper debts . sect . vi. a chronological collection of the principal records , patents , writs , accounts , in the tower of london , and court of exchequer at westminster , concerning aurum reginae ; with brief observations on them . having rendred you this summary account of this duty of aurum reginae , and of the several materials , circumstances that concern or relate unto it in general and special , i shall in this last section present to your view , a chronological collection and transcript of all the principal records , patents , writs and accounts extant in the tower of london , and court of exchequer at westminster , which have hitherto come to my view , with some brief observations on , and from them : which will copiously evidence , justifie , ratifie the truth of what i have asserted concerning aurum reginae in the premised sections , and display what else may conduce to the full discovery or knowledge of this abstruse , over-long-concealed , discontinued prerogative of the queens of england to all those who desire information or satisfaction therein . i shall begin with the ancientest , and so descend ( in order of time ) to the last records and memorials of this subject ; referring each of them by figures , to the premised sections so farr as they prove , evidence , confirm or illustrate the contents thereof . the first and most memorable record i have yet seen , which both mentions and treats of aurum reginae , is a dialogue or treatise enrolled in the red , and black book of the kings exchequer at westminster , ( whereof there is a fair transcript in lincolns inne library , given to it by our famous antiquary mr. will : lambard , a member of that society , an. 1572. ) intituled , gervasii tilberiensis , de necessariis scaccarii observantiis , dialogus , dedicated by him to k. henry the 2. in the 23. year of his reign , ( as himself relates in his proeme ) ) anno domini 1177. in the second part of which dialogue , cap. 26. ( 1 ) de auro reginae , he renders us this exact account concerning the quiddity , quantity , quality , legality , and manner of levying this duty in the exchequer in that and former ages ; per consuetudines et iura scaccarii , as his proeme informs us . i shall present you with his intire * dialogue concerning this duty . ad haec noverint hi ( 1 ) qui in pecunia numerata regi ( 4 ) sponte obligantur , quod reginae similiter tenentur , licet expressum non fuerit . quamvis enim non sit expressum , est tamen promisso compromissum . vt , cum regi centum vel ducentas marcas promiserit , reginae pariter teneatur pro centum marcis argenti regi promissis , in una marca auri , pro ducentis , in duabus marcis auri ; et st● deinceps . in his autem perquirendis ( 5 ) eadent lege vicecomes per omnia utetur qua in regiis usus est , non tamen ante , sed post . cum ergo de regiis debitis summonitiones fiant , ( 5 ) adest clericus reginae ad hoc constitutus . et addit in summonitione , de illo has centum marcas pro causa illa , et ad opus reginae unam marcam avri. summonita autem ad scaccarium ab eius officialibus ad 〈◊〉 i●●titutis seors●m suscipiuntur . noveris etiam , quod ( 5 ) llicet rex de promissa s●bi summa mediam partem dimiserit , vel universam , v●l etiam summonere dis●ulerit , de his tamen quae ad reginam pertinent , s●cundum quod sibi visum fuerit , per omnia fiet , ut ea nolente , nec dimittantur , nec differentur , quae sibi debentur , sed summonita solbantur , et non solventes praedicto modo coerceantur . discipulus . nunquid de promissis regi citra centum marcas , aliquid reginae debetur ? magister . quibusdam sic videtur , ut ( 1 ) usque ad decem marcas teneatur : ut scilicet , is qui regi decem marcas promiserit , in una uncia auri reginae teneatur ; aliis non , nisi de centum , et supra , ab initio promissis . de his igitur ad praesens cum modestia , quia ( re nondum terminata ) suspensa resolutio est . litigat sane de his pars reginae cum debitoribus , et adhuc sub iudice lis est . de * misericordia ( 4 ) iudaeorum , et de redemptione monetariorum ( for falsifying , clipping and abusing the kings coin ) sicut desponte oblatis dictum est , sua portio secundum formam praedictam reginae debetur . discip . nunquid in pecuniariis & sponte oblatis , clerici & laici sine differentia coerceantur ? magister . in sponte oblatis , apud omnes lex una servatur , ut sive clericus sit , sive laicus , qui non solvend● fuerit , donec satisfecerit careat impetrato . observatur etiam idem in omnibus aliis quae quovis pacto regi debentur , &c. to which i shall subjoyn this passage in his dialog . 2. c. 23. quid de sponte offerentibus faciendū cum & ipsi non solvunt ? ( the queens gold arising out of such oblations . ) * noveris igitur quod oblatorum regi , quaedam in rem , quaedam in spem offerentur . in rem quidem offerri dicimus , cum oblatum à rege suscipitur , & offerens consequenter , pro quo obtulit à rege suscipit , vt si quis pro libertate aliqua , profundo , vel pro firma , vel pro custodia cujusque qui minor est aetatis usque ad annos legitimos habenda , vel pro quovis alio quod ad suam utilitatē vel honorem accedere videatur , sponte regi centum libras , vel centum marcas offerat , et assentiente regi , statim post oblatum suscipiat optatum . de his qui spontè se obligant , & qui conventionem cum principe factam , possidere jam ceperint , lex nostra decernat , ut quamdiu solvendo fuerint , indultis sibi beneficiis gaudeant , & utantur . quod si de regis debito summoniti , solvere desierint , statim careant impetratis ; ut si manente scaccario super eadem satisfecerint , oblata omnia sine molestia restituantur . in spem verò dicantur offerri , cum quis exhibendae sibi justitiae causa super fundo vel redditu aliquo regi summam aliquam offert , non tamen ut fiat ( ne in nos excandescas , & venalia penes eum justiciam dicas ) immò ut sine dilatione fiat , &c. from this record and discourse concerning queen gold , ( stiled in subsequent records in the exchequer , an ordinance and statute , ) to which the barons and queens officers had recourse in succeeding times in cases concerning aurum reginae , i shall observe . 1. that aurum reginae was a debt , duty , revenue belonging to the queen-consorts of england by the law , custom of england time out of mind , long before the reign of king henry the 2. the beginning whereof is altogether u●known . but if i conjecture aright , it had its original , not from the a earls , dukes of normandy , who were no kings , nor their wives queens , ( and so could neither create , nor denominate this royal prerogative of aurum reginae ) but from the roman emperors , whose wives had the titles of b augusta , & diva augusta , as the emperors had of augustus & divus augustus , and the same priviledges with the emperor ; and that our famous queen helena daughter to king coell , wife to the emperor constantius who kept his imperial court , and died at yorke , where he begate the most renowned christian emperor constantine the great on the body of this first christian queen and empresse in the world , ( canonized afterwards for a c saint for her piety , bounty to the church , and finding out the holy crosse whereon christ was crucified ) was the first who enjoyed this royal duty , whereof she was most worthy , and being stiled d regina as well as augusta , might well derive the name of aurum reginae thereunto . this munificent queen , as she built the walls of london and colchester , as our e henry huntindon stories , so f nicephorus callistus , g petrus ribadeniera , h capgrave , and others relate , that she built three magnificent temples in the holy land , the first near mount calvary , in the place where she found the crosse whereon our saviour christ was crucified : the second at bethlehem , where he was born : the third upon mount olivet in the place from whence he ascended into heaven ; besides 27 churches and oratories more in other places , which she endowed with rich gifts ; giving likewise large alms to poor people ; so large was her revenue , ( whereunto it is probable this duty of aurum reginae made some addition . ) to which i nicephorus subjoyns , quam ob causam , condigna etiam à deo accepit praemia : etenim in praesenti hac vita ea est consequuta , ut praestantius quidquam nemo ei accidere potuisse putaret . nam augusta renunciata est , et nummos aureos sub effigie sua procudit , ( a badge or emblem of aurum reginae ) imperialibusque thesauris in potestate sua redactis , pro arbitrio suo est usa ; as our queens use their aurum reginae : which if i mistake not , had its original in and from this our glorious queen and empresse , as both the roman emperors , and also our kings of england derived their golden crowns from the emperor constantine her son , as k mr. john selden proves at large in his titles of honor. 2ly . that aurum reginae is due to the queen out of all sums of mony or fines voluntarily offered and assented to by the king for any liberty , lands , farm , custody , wardship , or other thing redounding to the parties profit or honor , and for fines for speedy justice , amounting to , or exceeding the sum of 10. marks : which though then a point unresolved , disputed between the queens officers , and those who were to pay this duty ( who pretended it not due , unlesse it were a fine of 100 marks or more ; ) yet it was soon after and ever since frequently resolved to the contrary , as the subsequent records will inform us . 3ly . that the proportion of aurum reginae , is one mark of gold out of every hundred marks of silver due to the king ; that is , one full tenth part over and above the intire oblation or fine to the king ; to wit , one mark for ten marks , and ten pounds for every hundred pounds , without any deduction from , or diminution of the kings oblation or fine , from which it is distinct ; and so proportionably for any other sum above 10 marks . 4ly . that at the same instant when any party makes a voluntary oblation or fine to the king , he becomes an actual debtor for this aurum reginae , to the queen , by the law and custom of the realm , though it be not expresly promised nor agreed . 5ly . that the queen is to have her special clerk or officer in the exchequer , to receive and recover this duty for her use . 6ly . that the processe for the recovery thereof , if not voluntarily paid , ought to issue out of the kings exchequer , in the same course and manner as processe doe for the kings own debts ; yet so , that the kings processe shall be first served before the queens . 7ly . that although the king release part , or all of his debt , or respite processe for the levying thereof , yet this debt of aurum reginae shall not thereby be discharged , diminished , nor its levying deferred , without her special consent . 8ly . that aurum reginae is due as well from clergymen as laymen ; and out of the fines of jews , and other clippers , falsifiers of the kings moneyes , as of christians and other trespassers put to fines and ransoms at the kings pleasure , or who make fines with the king to pardon their lives , when condemned to die , or to restore their seised or forfeited estates for their offences against him . the first record since king henry the 2. wherein i find mention of aurum reginae , is in the roll of oblata in the tower , in the very first year of the reign of king john. prior sanctae fredeswich . dat . domino regi 30 marc . pro habendis communibus libertatibus , sicut dominus rex concessit abbati de lilesull , & pro habenda inde carta domini regis t. in scaccario sancti michaelis 15 m. in scacc. pasch . 15 m. s. à templarus usque priorem de fredeswich ( 5 ) computante ipso priore 546 m. 2 s. & . 8 d. de auro reginae . the next in time , are these two records in the clause rolls in the 7th years of his reign . rex baronibus , &c. mandamus vobis , quod de auro reginae quod com. de ferrariis nobis debet pro ( 4 ) fine terrarum suarum de esseburn & wirkesworth , & de hecham , recipietis ab eo 5. marc . ad scac. sancti michaelis , anno &c. 8. & ad scac. prox . sequens , 5. mar . & ac scaccarium michaelis prox . sequent . 5 marc . ita tamen quod ipse nobis reddat ad hoc instans scac. paschae anno , &c. 8. quicquid nobis debet de auro illo ultra praedict . 15 marcas . teste meipso apud suhampton . 10 die aprilis . peripsum regem . rex , &c. baronibus de scaccar . salutem . sciatis , quod pardonavimus girardo de rominal quatuor marc. auri , de auro reginae quas debuit de debito patris sui . et ideo vobis mandamus , quod eum inde quietum esse faciatis . teste meipso apud dertemu . 21 die junii . the next i meet with is this of the 9th year of king john. rex , &c. baronibus , &c. sciatis , quod volumus , ut de caetero , reddatur aurum reginae ad scaccarium nostrum , quod inde audiatis compotum , sicut de aliis debitis nostris ; et quod fidelis noster ( 5 ) alexander de refham custodiat rotulos , et intromittat se de auro reginae exigendo . et ideo vobis mandamus , quod eident alexandro officiunt illud habere faciatis , & ad diem competentem audiatis compotum alexandri de lucy , de recepta sua , quam habuit de auro reginae de tempore quo illud officium habuit . mandamus etiam vobis , quod ( 5 ) omnes terras , quas jollanus de amundevill . habuit tempore quo ipse mutuo accepit debita de aron judaeo , capiatis in manum nostram , quicunque illas teneat , pro 272 l. quas ipse nobis debuit de debito aron , &c. ( the residue of the writ being for the levying of other debts . ) teste meipso apud hereford . 22 die novembris . in the great rolls in the pipe office in the exchequer at westminster , i found these several records , memorials and accounts of queen-gold during the reign of king john , an. 10 johan . regis . com. berks , sub titulo aurum reginae . abbas de redinges reddit compde 4 l. de fine 60. marc . pro habendo eo quod defuit de hundredo suo de redinges , toto tempore habendo quo fuit in manu regis . in eodem rotulo . gloucestr . sub titulo amerciamenta , idem vicecomes ( gloucest . ) reddit compotum de 1. marc . de iudaeis de bristow pro auro reginae . ibidem . essex , hertford , in dorso : sub titulo aurum reginae , radulfus de hordings reddit compot . de ( 4 ) 11. marc . & 40 s. pro eodem , in the sauro dimid . mar . debet 10 mar . & 10 s. willielmus morant reddit comp. de 4 mar . pro dimid . mar . auri de ( 4 ) fine suo superscripto 40. marc . pro habend . terra sua . ibidem . somerset , dorso , sub tit . aurum reginae . gulielmus cusin & johanna uxor ejus reddunt compotum de 6. marc . pro eodem , with 2. sums more . in magno rotulo de anno undecimo regis johannis in scaccario , in essex . & hertford . ( inter alia ) continetur ut sequitur . avrvm reginae . caleb de tama redd . compotum de 13 m. & di . m. pro eod . in thesauro 1 m. et deb . 12 m. & di . rad. de hosdeng reddit compot . de 10 m. & 10 s. de eod . in thesaur . di . m. et deb . 10 m. & 40 d. aurum reginae . henr. de palerne r. comp . de 4 m. de eod . in thes . di . m. et deb . 3 m. & di . dewlebenie de cicestr . r. comp . de 20 s. de eod . in thesauro 2 s. 6 d. et deb . 17 s. & 6 d. aurum reginae . robertus de archis r. comp . de 2 marc . de eod . in thes . di . m. et deb . 20 s. elyas grossus r. comp . de 10 s de eod . in thes . liberavit . et quietus est . benedictus de cantebr . r. comp . de 10 s. de eod . in thes . 5 s. et deb . 5 s. elyas fil . gentil r. comp . de 1 m. de eod . in thes . di . m. et deb . di . m. byenl●rienge judaeus r. comp . de 6 m. de eod . in thes . 2. m. et deb . 4 m. in magno rotulo de anno 13 regis johannis , in custod . clerici pipae , inter alia continetur ut sequitur . aurum reginae . robertus de albeneio 9 l. pro 1 marc . & di . auri pro relevio . willielmus de bello campo , 54 marc . pro 6 m. auri pro relevio . dunecan de lascell 6 l. & 4 s. pro un . m. auri . & quant . pertin . ad 20 m. pro relev . walter . de traili 45 m. pro 5m . auri pro eod . aurum reginae . jacobus de novo mercato 5 m. & di . auri de relevio patris sui , & fratris sui , & relev . suo . henr. luvell 3 m. auri de relev . suo . willelmus de curtenai 1. m. & di . auri , pro relevio . willielmus de warblinton 45. m. pro 5. m. auri de auro reginae . galfr. de luvere debet 4. m. & di . pro auro reginae , scil . non debet summon ' quia nihil tenet in capite de rege . oliverus de punchardin . debet 2. m. pro eod . in magno rotulo de anno 14 regis johannis in custod . clerici pipae reman . inter alia continetur ut sequitur . aurum reginae . williellmus de warblinton debet 45 m. de eod . oliver . de punchardin debet 2. m. de eod . aurum reginae . rob. de albeneio , redd . comp. de 9 l. de eod . in thesauro 7 l. & 8 d. et debet 20 s. & 4 d. willielm . de bello campo , redd . comp. de 54 m. de eod . in thesaur . 9 l. et debet 24 l. & di . m. duncanus de lasceles 7 l. & 4 s. de eod . walter . de trailli 45 m. pro eod . in magno rotulo de anno 17 regis johannis , &c. aurum reginae . willielmus de belchamp 24 l. & di . m. de auro reginae . duncanus de lascell 7 l. & 4 s. pro eod . walterus de trailli 45 m. pro eod . aurum reginae . robertus de curtenai deb . 4 m. auri , pro fine de sutton . josce de plugen●i deb . 1 m. auri , pro terra matris suae . aurum reginae . hawisa de curtenai 7 m. & di . auri , pro honor. de okemanton . will. painell , 2 m. auri , de fine suo . it is evident by all our * historians , that isabel daughter of the earl of engolisme married to king john in the first year of his reign , ( after his divorse from hawes the earl of glocesters daughter , ) survived him ; which being premised , i shall observe from these records in king johns reign . 1. that this avrvm reginae , was claimed and received as a just legal debt and prerogative to the queen , in and from the first till the last year of king johns reign , by this special name and title . 2ly . that it was specially charged in the great rolls in the pipe office , and levyed , accounted for in the kings exchequer under this very title of avrvm reginae , in the self-same manner , by the same process as the kings own debts 〈◊〉 were levyed and accounted for . 3ly . that 〈◊〉 was due , and paid out of all voluntary fines and compositions made or pay● 〈◊〉 the king for the restitution of lands seised into his hands , for reliefs , wardships , grants of mariages , lands , liberties , and for voluntary fines , ransoms , amerciaments for offences , misdemeanors , or pardons of them , and that by jewes as well as christians . 4ly . that the proportion of this duty , was one mark out of every fine or oblation of or above the sum of 10. marks . 5ly . that king john ( no doubt by his queens consent and agreement ) challenged and levyed aurum reginae , as a debt , duty belonging to himself , as well as to his queen : that he ordered it to be paid into , and accounted for in the court of exchequer : where he constituted a special officer to keep the rolls thereof , and to demand , levy , receive , and account for it from time to time . 6ly . that he somtimes gave several times for the payment thereof in the exchequer by equal portions ; and that what could not be levyed thereof at one time by one sheriff , was afterwards levyed and accounted for by another . 7ly . that all the lands as well as goods , chattels of the persons from whom it grew due at the time of the fine or obiation first made , were liable to be extended for it , into whose hands soever they came by descent or grant , without any suit at law , being a debt due upon record in the fine and pipe rolls ; in the same manner that debts to jews were levyed by the king when devolved to him . in the * fine roll in the tower , anno 17. johan . regis , m. 4 , 5. i find many considerable fines and oblations made to the king by several persons , cities , corporations in ireland ; out of which aurum reginae was then due and payd to the queen in ireland as well as in england , as the clause roll of 33 e. 3. 〈◊〉 . 17. and other records assure us , though i find no account thereof in the pipe rolls here . from king john , i descend to the reign of king henry the 3d. his son , who being an * infant scarce ten years of age when he was crowned king , this duty of queen-gold was discontinued till his marriage of the lady eleanor , second daughter of raimund earl of province in the 20th year of his reign , anno gratia 1236. when it immediately revived , and vested in her majesty , as these ensuing records during his long turbulent reign will inform and resolve us . the red book in the kings remembrancers office in the exchequer at westminster , records , that at the coronation of this his queen eleanor in the twentieth year of his reign at westminster , one john de sanford put in his claim to be the queens chamberlain , and that by virtue of his office amongst other appendants thereunto belonging , he ought to appoint one clerk in the exchequer to receive the qveens gold , who ought to have 6 d. a day out of this duty for his salary ; which was then deferred , and disallowed afterwards , as other records assure us . which claim of his i finde thus certified out of the red book by the barons of the exchequer into the court of chancery , and there exemplified at the request of albred de vere earl of oxford , chamberlain to king richard the second , and inserted into his patent , anno 20 r. 2. * rex omnibus ad quos , &c. inspeximus , &c. inspeximus etiam quandam certificationem nobis in cancellaria nostra per thesaurarium & barones de scaccario nostro , de mandato nostro missam in haec verba . praetextu brevis regii , huic cedulae consuti , scrutato rubro libro penes scaccarium residente , compertum est in eodem , fol. viz. 232. quod anno vicesimo regis henrici filii johannis , coronata fuit regina alienora , filia hugonis comitis provinciae apud westm . ubi continetur inter alia sic ; de praedictis officiis nullus sibi jus vendicavit in domo reginae , excepto g. de sanford , quia veteri jure praedecessorum suorum , dixit , se debere esse camerarium reginae , cameram & hostium ea die custodire , quod ibi obtinuit ; habuit etiam tanquam jus suum totum lectum reginae et bastines , et alia quae spetant ad cameram . vendicavit etiam se debere unum clericum in scaccario ad exrigendum avrvm reginae , qui percipiet ( ut dicitur ) depraedicto avro qualibet die se● denarios pro liberatione , set fuit dilatum . nos autem transcripta & certificationem praedicta ad requisitionem dilecti consanguinei nostri albredi de veer nunc comitis oxon. ●enore praesentium duximus exemplificanda . in cujus , &c. teste rege apud westm . quinto die februarii . insteed of his clerk. rex ( 5 ) assignavit laurentium de castellis ad recipiendum et custodiendum avrvm reginae ad magnum scaccarium regis , ad respondendum inde per manum suam . et mandatum est justiciariis , ad custodiam iudaeorum assignatis ; quod avrvm quod ipsam reginam continget ad scaccarium iudaeorum , ei faciat liberari , ad respondendum inde sicut praedictum est . teste rege apud mortelak 13 die maii. rex baronibus de scaccario . mandamus vobis , quatinus quotiens summoneri feceritis debita nostra ad scaccarium ( 5 ) summoneri faciatis avrvm reginae nostrae , & liberari laurentio de castell . quem ad aurum praeditum recipiendum & custodiendum assignavimus . teste meipso apud wynton . 11 die junii , anno regni nostri vicesimo . herveius de baggot 50● marc . pro avro reginae de fine 500. mar . de quibus ( 4 ) finem fecit , pro habenda haereditate sua . rex baronibus , &c. sciatis , quod concessimus herveio de stafford , quod de 50 marc. quas nobis debet pro auro reginae de fine quingentarum marcarum , per quas finem fecit nobiscum ( 4 ) pro dabenda haereditate sua non obstante eo quod infra aetatem est ; reddat nobis ad festum sancti michaelis anno regni nostri 21. centum solidos ; & ad pasch . anno regni nostri 22. centum solidos ; & ad festum sancti michaelis anno eodem centum solidos ; & ad pasch . anno 23. centum solidos ; & ad festum sancti michaelis decem marcas ; & ad pasch . anno regni nostri 24. decem marcas . et ideo vobis mandamus , quod sic fieri , &c. teste meipso apud notingh . 11 die septembris . a. r. n. 21. rex concessit johannae , quae fuit uxor hugonis wake , ( 4 ) custodiam omnium terrarum , quae sunt praedicti hugonis , quondam viri sui ; habendam sibi vel cuicunque assignare voluerit , usque ad legitimam aetatem haeredum praedicti hugonis , una cum maritagio eorundem haeredum ; & quod eadem johanna libere et sine impedimento ( 4 ) maritare se possit cui voluit , dummodo sit ad fidem regis , pro novem milibus marcis , per quas finem fecit cum rege , ad opus regis ; et pro mille marcis pro avro reginae : de quibus decem millibus marcis reddet regi per annum septingentas marcas , viz. ad scaccarium paschae 350 marc. & ad scaccarium sancti michaelis 350 marc. donec totum debitum praedictum regi persolvatur . ita quidem , quod si praedicta johanna defecerit in solutione primi termini , sive secundi , sive tertii , sive quarti , vicecomites regis , in quorum ballivis praedicta johanna terras habet , ( 5 ) faciant de terris et catallis suis ad singulos terminos non observatos 350 marc. ad opus regis , et pro regina . et si defecerit in solutione quinti termini vel alicujus termini subsequentis , antequam praedictum debitum regis persolvatur ; quicquid eadem johanna vel assignati sui solverint de debito praedicto pro non soluto habeatur , & penitus ei amittatur , & ad haeredes suos reddatur custodia terrarum praedictarum , cum maritagiis praedictis ; rex etiam concessit , quod de 20 l. quas praedictus hugo quondam vir suus reddere consuevit ad scaccarium per annum pro debito nicholai de stutevill patris praedictae johannae nichil solvatur , antequam de praedictis 10 mill . marcis regi fuerit satisfactum , vel quousque defecerit in solutione finis praedicti sicut praedictum est ; & soluto fine illo in forma praedicta extunc incipiat praedicta johanna reddere ad scaccarium 20 l. per annum pro debitis praedicti nicholai patris sui eodem modo quo praedictus hugo illas reddere consuevit . teste rege apud westm . 2. die jan. quia abbas de rupe unus executorum testamenti willielmi de percy manucepit , quod ipse solvet in quindena assumptionis beatae mariae in garderob . 50 l. quas idem willielmus regi debuit pro ( 4 ) relevio suo , & 30 l. quas debuit pro auxilio regi concesso , ad primogenitam filiam regis maritandam , et ( 4 ) 100 solidos pro auro reginae ; mandatum est roberto de crepping , quod permittat ipsos executores habere liberam administrationem de omnibus bonis & catallis quae fuerunt ipsius willielmi , ad executionem testamenti sui faciendam . teste rege apud wygorn . 2. die augusti . mandatum est roberto de crepping , quod de instauro quod fuit ipsius willielmi , retineat ad opus regis , ad valentiam debiti quod idem willielmus debuit , videlicet 80 libras . et 100 sol . pro auro reginae , per idem pretium ad quod alii caperent praedictum instaurum , & non per aliud . et cum praedictum instaurum ceperit , rex significet quantum retinuerit , & ad quod pretium . teste rege apud cestr . 15 die augusti . mandatum est w. de haverhull . thesaurario regis , quod avrvm reginae , quod johannes francigena recipere consuevit , ( 5 ) de caetero in manum suam recipiat : ita quod idem johannes in nullo inde se intromittat : et avrvm illud sicut illud receperit ponat seorsum separatim a thesauro regis ; ita quod inde rex possit responderi . teste meipso apud wyndlesor , 28 die april . anno regni nostri 29. et mandatum est eidem johanni , quod de ( 5 ) auro illo de caetero non intromittat . teste ut supra . postea revocata erant illa duo brevia . mandatum est alano la zusch . justiciario cestriae , quod demandam quam facit communitati ● comitatus cestriae de misericordia quam inciderunt coram rege , quia non habuit recordum loquelae quae fuit coram ipso inter willielmum de condray & caeciliam uxorem ejus , & abbatem de deulacresse coram rege , sicut praecepit . et demanda quae eidem communicata fit de veniendo extra comitatum cestriae coram g. de langel . & sociis ejus justitiariis forestae pro transgressione forestae extra comitatum cestriae . et similiter demand● quam eidem communitati facit pro auro reginae , ( 5 ) ponat in respectum usque ad quindenam pasch . proximo futuram . et quod de caetero non exigat , vel exigi permittat ab hominibus ejusdem comitatus , nisi tantum unum bovem pro disseisina : & hoc solummodo de principali disseisiatore . et si homines & amerciamenta ejusdem comitatus pro aliquo forisfacto capiantur , eos sine redemptione replegiari faciatis ; nisi capti sint homines illi per speciale praeceptum regis , vel pro morte hominis , vel pro aliquo alio retto , quare de jure non sint replegiabiles . teste rege apud westm. 14 die maii. pro j. de lexinton . rex bult , quod johannes franciscus ( 5 ) curam capiat de avro reginae ad scaccarium suum sicut capere consuevit . et mand . est philippo luvel , quod custodiam ei liberet . et mandavit quod ipsam recipiat custodiendam , sicut praedictum est . teste rege apud windesor . 18 die februarii . per ipsum regem . inter communia in the 20th year of henry the 3d. ( omitted casually in its proper series ) sciatis , quod walterus de bello campo finem fecit nobiscum per 50. marc. et avrvm reginae nostrae si dare deberet ( 4 ) pro gratia nostra recuperanda , et rehabenda custodiam com. wygorn . &c. rex mand. baronibus , quod cum ( 5 ) regina deputaberit robertum de thaury clericum suum ad colligendum aurum suum , & eadem regina habeat custodiam terrarum baldewini de insula , vult & mandat quod officium camerar . quod thom. espurun tenet in scaccario , et ad ipsam reginam pertinet ratione praedictae custodiae , liberari faciant propter sumptus vitandos praedicto roberto , qui de utroque officio servire poterit : et ipsum thom. contrarotular . receptae scacarii custodire fac . sicut prius facere consuevit . et regina similiter mandat , quod ex quo hoc placet domino regi , quod barones secundum mandatum domini regis in dicto officio ipsum robertum admittant . breve est in for . maresc . praeceptum est vic. leye . quod ingrediatur libertatem com. leicestr . & ( 5 ) distringat willielmum de quevill pro auro reginae , quam nuper ei abstulimus pro transgressione sua . praeceptum fuit vic. london . quod ( 5 ) distringerent cives london . pro avro reginae , ita quod habeant denarios coram baron . die lunae prox . ante festum s. barnabe apostoli . quo die dicti vic. venerunt coram baronibus , & cum requisit . esset ab eis , an dictos denarios haberent ? dixerunt , quod non : sed quod vadia dictorum civium ceperint , et penes se habuerunt , sed non invenerunt qui ipsa emerent . * postea injunctum fuit eis , quod ipsa vadia afferrent coram baronibus die martis sequent . qua die venerunt et dixerunt , quod fere mille homines de civitate restiterunt eis , et non permiserunt dicta vadia asportare ; et cum quaereretur ab eisdem vic. qui essent illi impeditores ? dixerunt , quod plures draperii , aurifabri , speciar . cordewinarum , & alii ministri de civitate , sed nullum nomen exquirere voluerunt . ideo liberati fuerunt dicti vic. marescallo . rex mandavit bar. quod ad ( 3 ) instantiam reginae , replegiavit majori & communitati london . usque ad octab. sancti hillarii proxim . futur . civitatem london . quam capi fecerat in manum suam pro ( 5 ) auro praedictae reginae quod à praedictis majore & communitate exigitur : ita quidem , quod nisi interim satisfaciant eidem reginae pro avro svo , cibitas illa extunc sit in manu sua in statu in quo tunc fuit . et quod civitatem praedictam eis restituant sicut praedictum est , cum omnibus inde perceptis à tempore captionis ejusdem civitatis . breve est in for. mar. eodem die liberavit dominus p. lovell qui habuit custodiam ejusdem civitatis majori & ballivis london . 15 l. 9 s. 5 d. ob . de exitibus ejusdem civitatis . memorand . quod robertus de thaury ( 5 ) clericus dominae reginae venit coram baron . & recognovit , quod philippus basset satisfecit eidem dominae reginae de centum marcis quas ei debuit pro auro suo , de fine mille marcarum quem idem philippus fecerat cum domino rege ( 4 ) pro habenda custodia filii et haeredis richardi de riperiis , et de una marca quam debuit pro eodem oe fine decem marcarum quam fecerat cum domino rege ( 4 ) pro habenda wclarrenna : et de 4. marc. de fine quatuor marcarum auri , ( 4 ) pro habenda custodia . regina mand . roberto de thaurey archid. bathon . clerico suo , quod relaxavit johanni de romesy canonico sancti pauli london . tertiam partem 50 marcarum quas ab eo & petro capello quondam w. arch. eborum , & willielmo de bromham vicar . de merton . in episcopatu dunolm . executoribus quondam richardi dunolm . episcopi pro auro suo de quingentis marcis quas dederant domino regi pro quodam fine quam fecerunt ( 4 ) ad habend plenam administrationem bonorum quae fuerunt ejusdem episcopi . et vult , quod residuum illarum 50 marcarum dempta tertia parte , ut praedictum est , de praedictis petro & willielmo coexecutoribus praedicti j. plenè recuperetur , & de illa tertia parte praedicto j. nullam de caetero faciat executionem . breve est in custodia praedicti roberti . rex thes . hiberniae , salutem . cum edwardus primogenitus noster terram hiberniae , cum omnibus pertinentiis suis habeat et teneat de dono nostro adeò liberè & quietè sicut eam in manu nostra tenuerimus , per quod karissima filia nostra alienora consors dicti filii nostri aurum suum tam de ( 4 ) finibus quam sponte oblatis in terra ( 1 ) hiberniae habere debet , sicut karissima consors nostra alienora regina angliae ( 1 ) aurum suum habet de eisdem in regno nostro angliae . vobis mandamus firmiter injungentes , quatenus praefatae consorti filii nostri praedicti aurum prtediaum de finibus et sponte oblatis , et eciam de quibuscunque aliis finibus praedictis habere facias in forma praedita . et hoc nullo modo omittatis . in cujus , &c. elianora dei gratia regina angliae , domina hiberniae , & ducissa aquitaniae , dilectis sibi philippo de ey , domini regis thesaurario & baronibus ejusdem domini regis de scaccario , salutem , & dilectionem . sciatis , quod assignavimus dilectum clericum nostrum johannem de whitebergh collectorem et custodem avri nostri , quamdiu nobis placuerit . et ideo vobis rogamus , quatinus eundem johannem in officio suo informetis , et consiium et juvamen ei prout nobis expedire videritis , impendatis . ita quod vos regratiari specialiter teneamur ; valete . datum apud guldeford 30 die junii , anno regni regis h. domini nostri 56. from these records of king henry the 3d. i shall observe ; 1. that king henry the 3. himself ( not the queens chamberlain , who claimed this priviledge as an appendant due to his office ) at first appointed the receiver and keeper of the queens gold , both in his own grand exchequer , and in the exchequer of the jewes ; no doubt by his queens consent and agreement . and that the queen her self by her own letters patents in the latter end of his reign , appointed her own clerk to receive it , without the king. 2ly . that aurum reginae was then due and payd to the queen , as well out of the oblations and fines of jewes as christians . 3ly . that queen-gold was then due out of fines made to the king for the custody of the lands and bodies of wards ; for licenses for wards , and the kings widdows to marry at their pleasure to any that were loyal to the king : for grants of warrens , restitution of lands , liberties , counties seised : for licenses to executors to have full administration of the goods of their testators who were tenants to the king , or endebted to him , to perform their wills . 4ly . that the ordinary proportion of queen-gold in king henries reign , was only one mark to the queen for every ten marks to the king ; yet in the case of jone wake , the queen had one thousand marks for the kings nine thousand . 6ly . that the king himself sometimes appointed when and how the whole ten thousand marks , as well that due to queen , as to himself , should be paid at several payments into the exchequer , and that by expresse agreement when the fine was made . 6ly . that the queens gold was to be levyed by the kings processe issued to the sheriffs , in the same manner as the kings fine was . and that the sheriffs of london were imprisoned by the barons , and the liberties of the city seised into the kings hands for their neglect in not levying it , and for the citizens riot and rescous of those pawnes they had given for it . 7ly . that all the lands and goods of the parties that made the fines which they had at the time of the fines made , were to be extended for the queens gold , as well as for the kings fines : and that if the party failed of the last payment of the kings fine , he was to lose all that was payd , and the custody of the wards lands and body too for which it was payd . 8ly . that aurum reginae was due to the queen out of all voluntary oblations and fines made to the king in ireland , as well as in england : and that by king henry his special grant of the land of ireland to his son and heir prince edward , in as free and ample manner as himself enjoyed it ; the queen-gold there became due to the princes wife by his special patent to her . i shall next present you with such records concerning queen-gold , as i have found and perused in the tower and court of exchequer during the reign of king edward the 1. john de waterele keeper of the aurum reginae accruing to queen eleanor wife to king henry the 3d , and mother to king edward the 1. exacting this duty in the court of exchequer after king henries death from those who granted him the 20th part of their goods in his life-time towards the relief of the holy land , and likewise out of the tallages last assessed on the kings lands and tenants throughout england , to their great grievance , upon complaint thereof to king edward the 1. his counsil ( he being then absent in the holy land ) in the first year of his reign , some of them came personally into the court of exchequer , and there openly prohibited waterele from thenceforth to exact or receive any gold from any upon these occasions ; as this record and memorandum in the office of the kings remembrancer in the exchequer informs us . memorandum , quod die lunae prox . ante festum conversionis sancti pauli vener . ad scaccarium w. eborum archiepiscopus , rogerus de mortuo mari , robertus burnel , & quidam alii de consilio regis , et inhibuerunt ( 5 ) johanni de waterele custodi avri alienorae reginae matris regis edwardi ( 4 ) ne de caetero exigat seu capiat ab aliquo avrvm ad opus ejusdem reginae occasione vicesimae praedicto regi concessae tempo●e h. regis patris sui in subsid . terrae sanctae , nec etiam occasione tallagii ultimo assess . per angl. super dominica regis praedicti . in the 3d year of king edward the 1. nicholas de ely bishop of winchester being prosecuted in the kings exchequer for queen-gold by queen eleanors clerk for a debt of 2229 l. 13 s. 1 d. due to king henry the 3d her husband by john gernsey his predecessor for the corn and stock of the said bishoprick , which he bought of the king ; upon the kings command to the treasurer and barons deliverd to them by word of mouth in the exchequer , they discharged him from the payment of the said gold by authority of the kings command , whether out of meer grace to the bishop , or because the successor bishop was not obliged by this contract of his predecessor for this stock and corn , devolved to the predecessors executors , or to the king by his decease : or because no aurum reginae was due in strictnesse of law upon this bargain or emption , appears not by the record thereof , entred in these words . memorand . quod die lunae proxim . post festum sanctorum nerei & achillei , venit walterus de heleni ad scaccarium , & dixit thes . & baron . ex parte d. regis , quod in proximo adventu nicholai episcopi ( wint. ) ad idem scaccarium absolverent eundem episcopum de avro quod exigitur ab eo ad opus dominae reginae matris domini regis de 2229 l. 3 s. 1 d. in quibus johannes quondam wynton . episcopus regi h. tenebatur ( 4 ) pro emptione bladi et instauri dicti episcopatus . postea venit idem episcopus ad scaccarium praedictum , et auctoritate mand . praedict . absolutus est de avro praedicto . eleanor first queen consort to king edward the 1. in the 3d. year of his reign constituted walter kent receiver and keeper of her gold in the kings exchequer ; whereupon she sent this letter to the barons , to admit him to this office without any difficulty , and to advise and assist him therein when need should require , as eleanor wife to h. 3. had done * before her . cum dilecto & fideli waltero de cantia clerico nostro , terrarum & tenementorum nostrorum in anglia , et auri nostri commiserimus custodiam et exitus inde recipiend . & de eisdem ordinand . et disponend . prout nobis viderit expedire , ac quaedam dictam custodiam tangentia existant , quae per vos cautiorem sortire valeant effectum : per quod vos rogamus affectuosè , quatinus dictum walterum ad custodiam auri praedicti nostro nomine faciend . sine aliquo diffugio recipiatis , & eidem in ofeficio praedito & aliis negotiis nostris coram vobis expediend . ( quociens opus fuerit ) consulentes esse velitis , & auxiliantes , precibus nostris & amore . dat. apud woodstock 26 die decembris , anno regni domini nostri edwardi tertio . anno 4 e. 1. queen eleanor assigned benett of wynton a jew , to keep her gold , and dispatch her other businesse in the exchequer ( for the jews ) as other jews had alwayes accustomed to do , as appears by this mandate of the king to the barons to admit him to this office . cum karissima consors alienora regina angliae ( 5 ) assignaverit benettum de wynton . judaeum , ad aurum ipsius consortis custod . & ad alia negotia ipsam contingentia exequend . prout alii judaei semper hactenus facere consueverunt , rex mand . eisdem , quod praefat . benettum ad hoc admittant in forma praedita . teste , &c. this year there arising some new controversies and doubts out of what oblations queen-gold ought to be paid , the king and his counsil made these resolutions therein , which they sent to the barons of the exchequer to be firmly observed . rex mand . eisdem quandam cedulam coram se et consilio suo super avro reginae proviso o●dinatam praesentibus interclusam . mandantes eisdem , quod ( 4 ) ea quae super hoc provisa sunt et ordinata de caetero firmiter servari faciant , &c. baronibus , &c. salutem . mittimus vobis quandam scedulam coram nobis & consilio nostro super auro reginae proviso ordinatam , praesentibus interclusam ; vobis madantes , quod ea quae super hoc provisa sunt , & ordinata de caetero firmiter observari faciatis . teste , &c. apud westm . 9 die julii . * tenor illius scedulae talis est : de ( 4 ) donis quae spontanea voluntate donato●uis ex gratia conferuntur , et contingat quod aliquis de dono proprio finem faciat , non habebit regina aurum . si vero papa conferat decimam ▪ vel const●ilem gratiam domino regi , et faciant inde finem ; vel siquis finem pro hujusmodi decima , vel quintadecima vel vicesima alicujus communitatis seu patriae , seu pro donis aliorum quam pro sui ipsius , ibi fiat sicut fieri debet . an. 5 e. 1. the officers of eleanor queen consort to king henry the 3d. and mother of king edward , exacting queen-gold from the barons of the cinque ports , for their free , courteous gift of the 20th part of their goods to king henry his father , by processe issued out of the court of exchequer , against the king and counsils resolution the year before , contrary to all equity and right ; the king thereupon issued this mandate to the barons to discharge them thereof . qvia ( 4 ) aequitati dissonum fore reputat rex , quod barones duinque po●tuum pro curialitate , quam domino henrico regi fecerant de micesima bono●um suo●um eidem patri gratis concedenda , et praestanda , distringantur ad aurum reginae angliae matri regis praestandum occasione micesimae praedictae . rex mandat eisdem baronibus , quod barones quinque po●tuum praedictos de pecunia , quae ab iis erigitur per summonitionem scaccarii pro auro praedicto occasione praediatae micesimae quietos esse faciant . teste , &c. rex baro●bus suis de scaccario suo dublin . salutem . allocate magistro thomae de cheddeworth nuper custodi nostro archiepiscopatus dubl . in compoto suo ad scaccarium praedictum triginta & unam libras quas per praeceptum nostrum liberavit willielmo de walleye auditori compoti ejusdem archiepi●copatus , et ( 5 ) auri consoztis nostrae , &c. teste meipso apud westm . 6 die julii , anno r.n. 7. by which it appears that queen-gold was then payd to the queen in ireland , where she had an officer to receive and account for it . ) in the roll of vasconie , anno 8 e 1. i found this record , which hath some analogie to queen-gold in england ; that the wives of all the lords of agen for the time being , had a certain annual summe paid unto them over and above the lords rent and fine , out of all bayliwicks of that land sold or let to farm ; which the king by this writ commanded his steward and receiver of the dutchy of aquitain to pay to his royal consort eleanor queen of england and dutchesse of aquitain , in as ample proportion as jone countesse of poictiers and tholouse in the time of her husband , whiles the lands were in his hands , and afterwards the queen of france enjoyed it , when in the hands of the kings of france , that so she might not be in a worse condition than this countess , being a queen and dutchesse too . rex senescallo suo in ducatu aquitanniae , vel receptori suo in terra agenensi , salutem . cum er antiqua consuetudine cro●es domino●um agen . qui pro tempo●e fuerunt , de singulis ballibis illius terrae benditis , seu ad fir mam traditis , ab illis , qui easdem ballibas emunt , belad firmam recipiunt , annis singulis certam habuerunt quantitatem pecuniae . nos nolentes , quod karissima conso●s nostra a. dei gratia regina angliae , domina hiberniae , et ducissa aquitaniae deteriozis conditionis eristat quam fuerunt crores domino●um agenen . tempo●ibus retroactis , set potius ( st fieri possit ) meliozis ; hobis mandamus , quod diotae canso●ti nostrae , bel ejus mandato be singulis ball bis , a tempo●e quo dida terra ad manum nostram debenit , benditis , bel ad firmam traditis , seu benditis imposterum , aut tradenois , tantum , quantum johanna ( quondam comitissa pictaven . et tholesena ) tempo●e birisui , et postmodum illustris reginae franciae , tempo●e quo ipsa terra fuit in manu domini regis franciae , biri sui , consueberunt percipere et babere , faciatis annis singulis restitui . teste rege apud westm . 5 die julii . rex thes . & baronibus suis de scaccario , salute●● . cum nuper sexto die januarii , anno regni nostri decimo concesserimus bonefey de crekelade judaeo , quod de illis viginti & quinque libris , tresdecim solidis , & sex denariis per quos ( 4 ) finem fecit nobiscum pro transgressione monetae , solveret nobis per annum ad scarcarium nostrum quadraginta solidos ad duos anni terminos , donec praedicta pecunia nobis plenè solveretur ; aetdem judaeus in ( 5 ) prisona nostra detineatur pro auro karissimae conso●tis nostrae alienorae reginae angliae , per quod pecuniam illam solvere non potest , ut accepimus : nos eidem judaeo gratiam facere volentes uberiorem , concessimus eidem judaeo ; quod de praedictis viginti & quinque libris tresdecim solidis & sex denariis , solvat nobis per annum ad scaccarium nostrum viginti solidos , unam videlicet medietatem ad scaccarium nostrum sancti michaelis proximo futur . & aliam medietatem ad scaccarium nostrum paschae proximo sequens , & sic de anno in annum ad eosdem terminos viginti solidos , donec pecunia praedicta nobis plenè solvatur . et ideo vobis mandamus , quod eidem judaeo terminos illos habere , & sic fieri & irrotulari fac . t. r. apud westm . 20 die inn. quia rex concessit karissimae consorti suae a. reginae angliae omnes exitus finium , amerciamentorum , catallorum fugitivorum , & dampnatorum , & al●orum quorumcunque de hundredo de gattre in manu ipsius consortis regis ex concessione domini h. regis existente provenientes , de ultimo itinere justic . in com. leyc . rex mand . baron . quod exitus illos per extract . scaccar . levari , & iohanni de berewyke ( 5 ) custodi auri ejusdem reginae ad opus ejusdem reginae liberari fac . that the queen debts of aurum reginae , and other debts belonging to her by antient and approved custome , were by her prerogative to be received and levyed before all other creditors debts , in the same manner , and by like processe as the kings debts were , this memorable writ in the 14 year of king edward 1. will assure us . edwardus dei gratia angliae rex , dominus hiberniae , & dux aquitaniae , vic. norff. & suff. salutem . cum secundum antiquam consuetudinem approbatam , et badenus optentam , idem modus in debitis reginarum ieban dis et reddendis qui et in nostris ser bari debeat , ac debita nostra jurta eandem consuetudinem a debito● . nostris sunt lebanda et nobis reddenda , antequam quibuscunque credito●ibus eo●undem de debitis suis satiofiat . cumque willielmus de huntingfeld charissimae ma●ri nostrae alianorae reginae angliae in 32 l. teneatur , prout nobis constat per inspect . rotulorum de scaccario nostro ; idemque willielmus teneatur quampluribus in diversis pecuniarum summis prout tu retornasti coram baronibus in crastino claus . paschae prox . praeterit . bolentes ipsam matrem nostram praerogatiba praeced . quoad debita sua lebanda sicut aliae reginae angl. eadem in casu consimili sint gabisae ; tibi praecipimus , quod de benis et catallis , ( 5 ) et de epit . terrarum ipsius willielmi in balliba tua fieri facias praediatum 32 l. antequam debita quo●undam credito●um sttorum lebentur . item quod eas habeas ad idem scaccarium nostrum apud westmonasterium a die sandae trinitatis in 15. dies waltero de castello ( 5 ) custodi auri ejusdem liberand . et●hoc breve . teste , &c. per rotul . memor . anno 54 h. 3. what sums for aurum reginae the queen consorts receiver of this duty this year received for fines and forfoitures of the iewes , this record will demonstrate . rex omnibus ad quos , &c. salutem . sciatis , quod willielmus iohannis liberavit dilecto clerico nostro iohanni de berewyk ( 5 ) custodi auri karissimae consotis nostrae aliaenorae reginae angl. quadringentas libras , ducentas videlicet libras de ( 4 ) bonis & catall . judaeorum dampnatorum concelatis & nobis forisfactis , & alias ducentas libras per quas nuper ( 4 ) finem fecit nobiscum coram dilectis & fidelibus nostris salomone de roffa & sociis suis ad inquisiciones de hujusmodi bonis & catallis faciendas assignatis , ( 4 ) pro transgressione quam fecit concelando bona et catalla praedicta . de quibus quidem quadringentis libris praefatum willielmum tenore praesencium quietamus . in cujus , &c. teste rege apud camnel , 8 die decembr . i find by a general entry in the great roll in the pipe office in the exchequer , that iohn de berewyk keeper of queen alianors wardrobe , and receiver of her queen-gold , rendred an account of 2875 l. 10 s. q. received for this duty from the feast of st. hillary in the 14th , to the feast of st. michael , anno 17 e 1. the particular account whereof i cannot yet discover , after much search for it , in the exchequer treasuries and records . compotus johannis de berewyk custod . garderobae alianorae reginae angliae consort . regis , de denar . receptis de avro ejusdem reginae , à festo sancti hillarii , anno regni regis edwardi 14 , usque ad fectum sancti michaelis , anno 17 sui . idem reddit compotum de 2875 l. 10 s. q. recept . de avro ejusdem reginae per praedict . tempus , sicut continetur in rotulo de particulis quos idem iohannes lib. in thesaur . ejusdem reginae . in the same great roll i finde only this total of his general account for the next year of 1564 l. 17 s. 4 d. ob . compotus johannis de berewyk custod . garderobae alianorae reginae angliae consortis regis de denar . receptis de auro praedict . dominae reginae , à crastino sancti michaelis anno 17 e. 1. fin . usque 3. diem novembr . anno regni ejusdem regit e. 18. fin . incip . 19. idem reddit compotum de 1564 l. 17 s. 4 d. ob . recept . de auro ejusdem reginae , et catall . iudaeorum damp . per praedict . tempus , sicut continetur in rotulo de particulis quos idem iohannis lib. in thesaur . ejusdem reginae . the particulars of which accounts i cannot yet find out , which would most clearly evidence from what particular oblations and fines these great sums of queen-gold did then arise . the only particular account of this duty in this kings reign i can yet discover , is this of easter and trinity terms anno 19 e 1. kept amongst the ancient records in the treasury of the kings receiver in the exchequer . rotulus de recept . auri reginae de termino pasch . anno regni regis edwardi 19. notingham , derb , de roberto foucher de parte 26 s. 8 d. de auro reginae de fine 20 marc . pro transgr . 6 s. 8 d. debet 15 s. glouc. de johanne hamerton pro priore de lanton juxta glouc. de parte 6 marc . de auro reginae de fine 60 marc . pro licenc . appropriandi ecclesiam de berton juxta wygorn . in proprios usus retinend . 20 s. canc. de thoma berkeley de parte 10 marc . de auro reginae de fine 100 marc . pro vita sua salbanda , et terris et ten . suis rehabendis : 13 s. 4 d. de h. de stanton , anno 17. somerset & dorset . de iohanne de batton . de parte 100 s. de auro reginae de ( 4 ) fine 50 l. ne transfretaret in vascon . 50 s. per rot . memor . de anno 17. de waltero de pavely de parte 20 marc . de auro reginae de ( 4 ) fine 200 marc . pro vita sua salvanda . et terris et ten . suis rehabendis , 40 s. canc. anno 16. wilts . de petro skidemore de parte 20 marc . de auro reginae de fine 200 marc . pro vita sua salvanda , et terris suis rehabendis , videlicet pro termino s. michaelis anno 19. 33 s. 4 d. eborum . de roberto de reygate de parte 20 marc . de auro reginae atterminat ad quinque marc . per annum de fine 200 marc . pro vita sua salvanda , et terris suis rehabendis , 33 s. 4 d. de waltero harowne de parte 5 marc . de auro reginae atterminat de 50 marc . ( 4 ) pro transgr . in praeparacionem totius debiti praedicti , 13 s. 4 d. kanc. de haeredibus galfridi de everhurst de parte 26 s. 8d . de auro reginae de ( 4 ) fine 20 marc . quia convictus , 5 s. de itinere h. de stanton , anno 16. de haeredibus salomonis de hotherugg de parte 23 s. 4 d. de quodam debito 4 l. d● auro reginae de fine 40 l. quia convictus , 3 s. 4 d. de johanne geffrey de parte 21 s. 3 d. de auro reginae de ( 4 ) fine 16 marc . pro transgr . conspirat . 10 s. per rot . fin . canc. de waltero bety de parte 20 s. de auro reginae de ( 4 ) fine 10 l. pro transgr . de itinere h. de stanton , anno 16. somerset . de johanna quae fuit uxor willielmi de wiggebere de auro reginae de ( 4 ) fine 10 marc . pro pardonacione habenda de transgr . 13 s. 4 d. anno 18. susse● . de johanne chavent de 40 s. de auro reginae de fine 20 l. pro transgression . venacionis 20 s. coram iustic . itinerant . in foresta de essex , anno 18. oxon. berks. de johanne de bloxham de auro reginae de ( 4 ) fine 20 marc . pro armis militaribus non suscipiend . 2 marc . canc. anno 18. warr. leyc . de saero de rocheford de parte 20 marc . atterminat . ad 4 marc . per annum de fine 200 marc . pro vita sua salvanda , et terris suis rehabendis , 2 marc . glouc. de johanne de langeley & sociis suis principalibus tax . & subtax . diversarum concessionum de parte 145 marc . de auro reginae de ( 4 ) fine 1400 marc . pro omnibus transgress . factis in taxationibus praedictis , 4 l. coram h. de stanton . ad oppress . ministrand . &c. anno 18. de johanne de wylynton . de parte 300 l. de auro reginae atterminat . ad 20 l. per annum , de ( 4 ) fine 3000 l. pro vita sua salvanda , et terris suis rehabendis ; videlicet pro termino sancti michaelis , anno 19. 10 l. de eodem johanne de parte 300 l. de auro reginae atterminat . ad 20 l. per annum , de fine 3000 l. pro vita sua salvanda , et terris suis rehabend . in partem solucionis 10 l. pro termino paschae , anno 19. 100 s. debit 100 s. pro hoc termino . linc. de adam de swyllynton . de parte 70 marc . de quodam debito 100 marc . de auro reginae atterminat . ad 10 marc . per annum de ( 4 ) fine 500. marc . pro vita sua salvand . et terris suis rehabend . 66 s. 8 d. cumbr. de ranulpho de dacre de parte 4 l. de auro reginae de ( 4 ) fine 10 l. pro licenc . feoffandi willielmum de burgh & robertum puing de ten . in lesingby , irchinton . & burgh super sabulones & hoffs , 13 s. 4 d. canc. anno 17. eborum . de adam de everingham de parte 40 marc . de auro reginae atterminat . ad quinque marcas per annum de ( 4 ) fine 400 marc . pro vita sua salvanda , et terris suis rehabendis , 33 s. 4 d. canc. anno 16. wiltes . de petro de skidemor . de parte 20 marc . de auro reginae atterminat . ad 5 marc . per annum , de ( 4 ) fine 200 marc . pro vita sua salvand . et terris suis rehabendis , 33 s. 4 d. wigorn. de nicholao russell nuper vic. pro roberto sturmy & aliis principalibus tax . diversarum concessionum in com. wigorn. de parte 50 l. de auro reginae de ( 4. ) fine 10 l. pro omnibus transgr . factis in omnibus taxationibus praedictis , 66 s. 8 d. coram rege term. michaelis & hillar . anno 17. summa rotuliusque hoc ; — 45 l. — 13 s. — 4 d. ff . adhuc recept . de auro reginae de termino trinitatis , anno 19. midd. de johanne gisors de parte 40 s. de quodam debito 10 marc . de auro reginae de ( 4 ) fine 100 marc . pro transgr . 13 s. 4 d. coram h. de stanton anno 13. norff. suff. de ricardo de gray de parte 80 l. de auro reginae de 800 l. ( 4 ) pro custod . et maritag . ricardi basset habend . 6 s. 8 d. canc. anno 16. bedd . bucks . de petro de sancta cruce de auro reginae de ( 4 ) fine 11 l. 2s . 2d . ob . pro relevio suo , 22 s. 3 d. ob . memor . anno 17. glouc. de roberto goldehull de parte 10 l. de auro reginae de ( 4 ) fine 100 l. pro pardonacione habenda de transgr . quam fecit communicando quibusdam magnatibus regi contrariantibus , 20 s. canc. anno 15. northton . de simone curteys de auro reginae de ( 4 ) fine 20 marc . pro licenc . alienandi laicum feodum in brikkesworth duobus capellis ad manum mortuam , 2 marc . canc. anno 18. cornub. de ricardo hywish de parte 4 l. de auro reginae de ( 4 ) fine 10 l. ne transfretaret in vascon . 20 s. coram ricardo damory & roberto de wodhouse , anno 18. glouc. de johanne de hampton pro priore de lanton juxta glouc. de parte 6 marc . de auro reginae de ( 4 ) fine 60 marc . pro licenc . appropriandi ecclesiam de berton stacy juxta wigorn. in proprios usus retinendam , 13 s. 4 d. canc. anno praedict . bedf. buks . de johanne de sancto amando de parte 5 marc . ( 4 ) pro relevio suo , 26 s. 8 d. de simone de arcubus de parte 30 s. de auro reginae de fine 15 l. pro eodem , 10 s. rot . memorand . anno 17. de rogero de tyringham de parte 2 marc . de auro reginae de fine 20 marc . pro ( 4 ) licenc . habenda quod sibilla quae fuit uxor johannis de bourgh posset se maritare cuicunque voluerit , 20 s. rotulus memor . de anno 17. london . de johanne devery & magistro willielmo de maldon de parte 20 l. recognitarum reginae in scac. pro remanen . comp. illius johannis devery de tempore quo fuit ( 5 ) receptor . auri ipsius reginae , 66 s. 8 d. eborum . de ricardo de waleys de parte 200 marc . de auro reginae , atterminat . ad 20 marc . per annum de ( 4 ) fine 2000 marc . pro vita sua salvande , et terris suis rehabendis , 6 l. 13 s. 4 d. hereford . de rogero le wodare & aliis subtax . & subcollector . civitatis hereford . de parte 10 marc . de auro reginae de ( 4 ) fine 100 marc . pro omnibus transgres . factis in tar . praedictis , 10 s. coram h. de stanton . anno 17. de reginaldo de la mare de parte 6 marc . de auro reginae de fine 60 marc . pro vita sua salvanda , et terris suis rehab●●● 6 s. 8 d. de galfrido beauflour de parte 40 〈…〉 reginae de fine 20 l. pro eodem , 5 s. de roberto de baskervill de parte 6 marc . de auro reginae de fiue 60 marc . pro eodem , 6 s. 8 d. de johanne de pennebrugge de parte 6 marc . de auro reginae de fine 60 marc . pro eodem . 6 s. 8 d. de johanne de lyngayne de parte 4 marc . de auro reginae de fine 40 marc . pro eodem , 6 s. 8 d. de stephano devereys de bodenham de parte 20 s. de auro reginae de fine 10 l. pro eodem , 20 s. de petro de grandissono de parte 20 l. de auro reginae de fine 200 l. pro eodem , 10 s. canc. anno 17. de ricardo de pennebrugge de parte 20 marc . de auro reginae de fine 200 marc . pro eodem , 6 s. 8 d. canc. anno 16. de ricardo baskervill . & aliis principalibus tax . & subtax . com. hereford . de parte 80 marc . de auro reginae de ( 4 ) fine 800 marc . pro omnibus transgr . factis in tax . praedictis , 45 s. coram h. de stanton , anno 17. de priore lanton primae de parte 40 s. de auro reginae de ( 4 ) fine 20 l. pro confirmatione quarundam cartarum habenda , 13 s. 4 d. canc. anno 18. lancastr . de roberto de dalton de parte 10 marc . de auro reginae atterminat . ad 2 marc . per annum , de ( 4 ) fine 100 marc . pro vita sua salvonda , et terris suis rehabend . 13 s. 4 d. de willielmo moigne de parte 20 marc . atterminat . ad quinque marc . per annum de ( 4 ) fine 200 marc . pro pardonacione habend . de transgr . 33 s. 4 d. salop. de hugone de mortuo mari de parte 20 l. de auro reginae atterminat . ad 40 s. per annum de ( 4 ) fine 200 l. pro vita sua salvanda , et terris suis rehabendis , 20 s. canc. anno 17. somerset , dorset . de roberto de neweburgh de parte 10 l. de auro suo de fine 100 l. pro vita sua salvanda , et terris suis rehabend . 20 s. canc. anno 17. salop. staff. de philippo barinton & aliis principal . tax . & subtax . com. staff. de parte 34 marc . de auro reginae de ( 4 ) fine 340 marc . pro concelamento et aliis transgr . factis in taxationibus praedictis 50 s. coram j. de stonore anno 17. de viviano de standon & aliis pl. willielmi de chetilton de parte 40 s. de auro reginae de ( 4 ) fine 20 l. pro eodem willielmo pro plur . transgr . 13 s. 4 d. de henrico de cressewell & al. pleg . ricardi shirard senioris , & thom. sil . ejusdem ricardi fil . ricardi shirard & willielmi fratris ejus de parte 40 s. de auro reginae de fine 20 l. pro eisdem pro transgressionibus , 10 s. summa ab alia summa usque hac — 34 l. — 12 s. — 02 d. ob . summa total . hujus rotuli conjuncta — 80 l. — 05 s. — 06 d. ob . summa total . recept . auri per totum annum 19º — 231 l. — 18 s. — 10 d. ob . what other sums were received for avrvm reginae this year in michaelmas and hilary terms , i cannot yet finde out by any records i have hitherto perused . only i read that the king this year on the 11. of january , pardoned and remitted 200 〈…〉 queen-gold due from bogo de clare , which accrued to him by his queens decease , thus recorded in the clause roll in the tower of london . rex thes . & baronibus suis de scaccario , salutem . ob bonam affectionnem quam karissima consors nostra alienora quondam regina angliae erga dilectum nobis bogon●m de clare habere novimus dum vivebat , pardonabimus eidem bogoni ducentas marcas in quibus praefatae reginae die quo obiit tenebatur pro avro svo ipsam contingente de quodam ( 4 ) fine duorum milium marcarum quem idem bogo fecit nobiscum pro quadam transgressione sibi imposita . et ideo vobis mandamus , quod praedictum bogonem de praedictis ducentis marcis quietum esse faciatis . teste rege apud asserugg 11 die januarii . this * bogo de clare was committed prisoner to the tower of london by sentence of the king and his counsil in the parliament of an. 18 e. 1. for causing the prior of st. trinity london to serve a citation upon edmund earl of cornwall to appear before the archbishop of canterbury , as he was passing quietly through the midst of the kings great hall at westminster , ( to the kings great counsil then held at westminster , to which he was summoned by the kings writ ) wherein no person ought to be arrested , but only by the kings officers , and which was exempted from the archbishops jurisdiction , in manifest contempt and disgrace of the king , to his damage of ten thousand pounds ; until he should satisfie the king for this trespas , for which he put in pledges . after which he made a voluntary fine to the king for this trespasse of 2000 marks ; which was accepted , for payment whereof he put in pledges by the kings precept before the treasurer in the exchequer ; for which fine he became endebted 200 marks to queen eleanor for her avrvm reginae ; which accruing to the king by her death , the king for her good affection to bogo de clare in her life-time , was pleased graciously to remit it to him after her decease by the precedent writ issued to the treasurer and barons of the exchequer . anno 27 e. 1. queen margaret constituted a clerk and receiver of her queen-gold in the exchequer by her own letters patents , and this writ to the barons . margareta dei gratia regina angliae , domina hiberniae , & ducissa aquitaniae , omnibus ad quos praesentes literae pervenerint , salutem . sciatis , quod ( 5 ) commisimus dilecto clerico nostro johanni de godele custodiam avri nostri , assignantes eundem ad thesaurum nostrum qui ad nos sub nomine dicti auri pertinet levand . colligend . et custodiend . ac omnia alia et singula faciend . quae ad custodiam illam pertinent , prout custodes reginarvm angliae avri hujusmodi et thesauri temporibus retroactis facere debuerunt et consueverunt ; ita quod de exitibus eorundem nobis respondeat . in cujus rei testimonium , has literas nostras fieri fecimus patentes sigillo nostro privato fignatas , quamdiu nobis placuerit duraturas . dat. apud ledes 22 die septembris , anno regni domini nostri regis edwardi 27. margareta dei gratiâ regina angliae , domina hybernia , & ducissa aquitan . amicis suis in christo charissimis thes . & baron . domini regis de scaccario , salutem . quia ( 5 ) commisimus dilecto clerico nostro johanni de godleye custodiam avri nostri , prout in literis nostris patentibus sibi inde confectis plenius continetur : vos rogamus , quatinus in hiis quae ad custodiam illam pertinent , dictum clericum nostrum admittatis , vestrum consilium et auxilium eidem impendentes in eisdem . bene valete . dat. apud ledes sub privato sigillo nostro 22 die septembris , anno regni domini nostri regis edwardi 27. from these records in the reign of king edward the 1. i shall observe ; 1. that the queen consort during the life , and likewise after the death of the king her husband , had the same prerogative and processe for the levying of her queen-gold and other debts , out of the lands , goods and chattels of the creditors or their pledges which they had when they first grew due , into whose hands soever they came , as the king himself had and used for the recovery of his own debts , in the court of exchequer , and that her debts ought to be levyed before any debts due to others , next after the kings . 2ly . that no aurum reginae was due to , or demanded by the queen mother for any oblations or fines made with king edward the 1. her sonne , after the decease of king henry her husband . 3ly . that the queen by her own patents or writs both during the life and after the decease of the king , usually constituted the keepers and receivers of her queen-gold in the exchequer , whom the barons were to counsell , advise and assist upon all occasions for her advantage ; who were to cause processe to be issued to levy this and other her debts , and to render an annual account of them in the exchequer . 4ly . that if the keeper of the queen mothers or queen consorts gold , or other officers , did injuriously sue or vex the kings subjects for queen gold , where none was due by law , they were restrained , prohibited , and the parties discharged by the kings and his counsils special orders and commands to the barons of the exchequer . 5ly . that no queen-gold was due to the queen for any publike ayds , fifteenths , or tenths freely or voluntarily granted to the king out of meer grace and courtesie by the lords or commons in parliament , or clergy in their convocation , or by any particular corporations or persons for the ayde and defence of the holy land or realm , nor for any fines or compositions for the same made by the granters and givers thereof . 6ly . that queen-gold was due and payable for fines to , and voluntary compositions made with the king for disms , quindisms , and twentieth parts granted to the king by the pope or parliament out of meer grace , by such persons who were not parties to the grant , or who made compositions for them for counties , corporations , or other persons , not for themselves alone . 7ly . that when new questions and doubts arose concerning this duty of queen-gold , they were usually determined and setled for the future by the king and his counsil , and the ordinances therein made by them , were sent to the barons of the exchequer , to be there enrolled , observed , executed . 8ly . that queen-gold was due and payd to the queen consort in ireland as well as in england , where the queen had a special officer and auditor to receive it . 9ly . that queen-gold was due and levyed from jewes , both for their fines , oblations , trespasses and compositions for forfeitures , as well as from christians ; and that the king could not enlarge those jewes who were imprisoned for queen-gold , without satisfaction made to the queen , or by her consent . 10ly . that queen-gold was then due , paid , levyed for oblations and ●●es made to the king for trespasses in falsifying , clipping or abusing his money , and for all other sorts of trespasses , abuses , concealments , offences , committed as well within , or concerning the kings forests , as without ; for adhaering to some nobles against the king ; for licenses to appropriate churches ; or to alien or give lands in mortmain to any pious , religious , or charitable use : for pardons and saving the lives of persons convict , or condemned : for the restitution of lands or goods seised by , or forfeited to the king for any offence , breach of covenants , conditions , or other lawfull causes : for not going with the king beyond the seas to his wars , when bound by tenure thereunto : for respites or discharges from taking the order of knighthood , when summoned to take it by the kings writs : for licenses for alienation of lands held of the king in capite to other persons : for the custody of the lands , bodies , and marriages of wards : for reliefs , and for charters to confirm liberties formerly granted . in the reign of king edward the 2. these records concerning queen-gold are most observable ; the first whereof informs us , what fee the bailiff of a liberty claimed by prescription for every distresse for queen-gold from the parties distrained , which was deemed an abuse , for which his liberty was seised . idem vic. reddit compotum de exitibus libertatis quam philippus le lardin . aliquando tenuit , viz. capiend . de unaquaque distr . vend . pro debito regis et avro reginae in hoc com. 32 d. & qua libertate dictus philippus abusus fuit , sicut continetur in rotulo de rebus regis recuperat . in itinere h. de cressingham in com. eborum . in the seventh year of king edward the second queen isabel his consort assigned john drury to exact , collect , and receive her queen-gold , by this patent . isabella dei gratiâ regina angliae , domina hyberniae , & ducissa aquitaniae : universis ad quos praesentes literae pervenerint , salutem in domino . sciatis , quod ( 5 ) assignavimus dilectum clericum nostrum dominum johannem drury ad exigend . colligend . et recipiend . nomine nostro quoscunque denar . nobis debitos seu debendos ratione avri nostri levand . in anglia , quamdiu nobis placuerit . et ideo omnibus & singulis quorum interest tenore praesentium fore duximus destinand . quod eidem johanni in praemissis & praemissa contingentibus , prout decet pareant & intendant , quousque aliud inde duxerimus ordinand . in cujus testimonium has literas nostras fieri fecimus patentes . dat. apud westm . 11 die octobris , anno regni charissimi domini nostri regis edwardi septimo . in the 10th year of king edward the 2. there happened this memorable case between queen margaret , wife to king edward the 1. and the mayor , aldermen , and citizens of london about the duty of aurum reginae for a fine of 2000l . alleged to be made to the king ( but denied by them ) in lieu of the twentieth part of all their goods , upon a general tax in parliament of the 20th part of all mens goods given to k. edward the 1. her deceased husband , which she claimed to be due to her and other queens , by the books , records , and memorials in the exchequer ; which the king ordered to be levyed and payd without delay , if it should appear to the barons to be due , by this writ . cum nuper ex parte majoris , aldermannorum , & civium civitatis london . regi suggerentium , ipsos nuper concessisse domino e. quondam regi angliae patri regis 2000 l. pro vicestmis omnium bonorum ipsam communitatem ratione vicesimae eidem patri regis pro communitate civium et burgorum suorum angliae , tunc temporis concess . contingen . ac barones ad prosecutionem margaretae reginae angliae dictos majorem , aldermannos et cives pro 200 l. quas eadem reginae pro avro svo in hac parte , ac se asseruit pertinere reddend . ac cum iidem major , aldermanni & cives finem per summam praedictorum 2000 l. pro vicesima praedicta fecissent , cum non fecerint , per summonitionem dicti scaccarii graviter distringi secerunt , in ipsorum majoris , aldermannorum et civium dispendium non modicum et gravamen . rex mandavit baronibus , quod demanda quam eisdem majori , aldermannis , & civibus pro 200 l. praedict . per summonitionem dicti scaccarii fecerunt , supersederi facerent , quousque modo debito discussum fuisset , si praedicta regina in hujusmodi casu aurvm habere deberet , necne ? ac etiam ex parte dictae reginae regi dicto ostensum fuisset , quod in * libris , rotulis , et memorandis dicti scaccarii regis continetur , et usitatum invenitur , quod hii qui in pecunia numerata progenitoribus regis spoute se obligant , reginis quae pro tempore fuerunt similiter tenebantur , licet expressum non fuisset , videlicet pro 100 marcis in una mar . auri , & pro 200 m. in duobus marcis auri , & sic deinceps pro majori summa plus , & pro minori minus . rex volens , quod negotium illud per barones discutiatur , et ulterius flat , quod justum fuerit in hac parte . mandat . baronibus , quod scrutatis libris , rotulis et memorandis praedictis , si per inspectionem eorundem & per discussionem coram eis super praemissis faciend . eis constare poterit , ita esse , tunc praedictos majorem , aldermannos & cives ad praedict . 200 l. eidem reginae pro avro svo sine dilatione reddend . compelli , prout justum fuerit fac . teste rege apud westm. 22 die octobris , anno regni nostri undecimo . nota , quod hoc termino vel antea praedicta regina obiit : whereupon i finde no entry of the barons resolution given therein . after this queen mothers decease , the king by his letters patents under the great seal of england , and by privy seals issued to the treasurer and barons of the exchequer authorized thomas earl of norfolk marshal of england , and edmund of woodstock his brothers , and other executors of this queen , to receive and recover all debts due to her , and the arrears of queen-gold ( which he granted to them ) to be levyed with all speed , in the same manner as the queen her self might have done , and as his own debts were levyed . edward par la grace de dieu , &c. au tres . e as barones de nostre eschequer . come entre autres choses que nous avoms grants al executors de testament margaret reigne dengleterre , les deniers grantez , que touts maners de dets que estoient duez de la dit reigne , de levant en la mesme manere come nos fesoms lever les nostres , sicome plus pleinement est contenus en lettres de nostre grand seal ; et nous entenduz que grand provis . del or e dettes ailloms sont uncors arrers . mandoms , que mesme le or , et dettes facer lever a tote le haste que vbous unquez poyres pur le mieulx execution de dit testament . king edward in the 18 year of his reign issued this writ to his barons for the due collection of his queen isabels queen-gold . edward par la grace de dieu , &c. as tresorer & barons de nostre eschequer , salutz . nous vous mandoms , que vous soeffrez isabelle royne dengleterre nostre trescher compaigne , preindre et aver son or sauntz nui nusement , et le facez lever a son oeps , auxi come ad este acustumez ceo enarrire . et ceo ne lessez . don souz nostre prive seal a wint. le 9 jour d'octobre , l'an de nostre regn . 18. et memorandum , quod breve liberatum fuit camerar . 11 die octobris per praeceptum thess . custodiend . quod quidem breve robertus de hoton clericus dicti thes . recepit eodem die quo aliud breve de privato figillo directum fuit thes . & camerar . de recipiendo avro praedicto ad opus regis . from these records in the reign of king edward the 2. i shall observe : 1. that the queen consort her self by her patents constituted a special clerk in the exchequer to demand , collect , and receive her queen-gold , as a legal debt , duty belonging to her . 2ly . that it was levyed by the same processe as the kings debts were , and that the distresses taken for it were sold by sheriffs and baylifs of liberties , who demanded the same fees for both . 3ly . that it was due and demanded for a voluntary composition or fine made by the mayor , aldermen , and commonalty of london with the king for the twentieth part of their goods granted in parliament to the king ; though not for the disms , quindisms , and twentieth part when paid in specie , or compounded for by any person for himself alone . 4ly . that in doubtfull causes concerning this duty of queen-gold , the black or red books , records , memorials in the exchequer were consulted and pursued , to descide the same . 5ly . that the queen-mother after the king her husbands decease recovered the arrears of queen-gold vested in her before his death , in the reign of the succeeding king , in the self-same manner , and by the like processe in the exchequer , as she should have done in his life-time , but not enjoy any aurum reginae for fines or oblations to the succeeding king. 6ly . that by the death of the queen mother , the arrears of queen-gold due unto her meerly by her royal prerogative , accrued to the king her son , not to her executors , unlesse specially granted to them by the king : and that her executors by the kings special grant had the self-same process for the recovery thereof and all other debts due unto her , as the king , or queen her self enjoyed in her life-time . 7ly . that our kings gave special charge to the treasurers and receivers of their exchequer by their writs and mandates from time to time for the levying of this duty of queen-gold , to the use of the queens to whom it was due , without delay or impediment . the records concerning aurum reginae during the reign of king edward the 3. come next in order to be presented to your view . i shall begin with this writ of privy seal by the king to the treasurer and barons of his exchequer for the levying of all sorts of debts due to his mother queen 〈◊〉 , ( wherein queen-gold was included , and particularly specified by name ) which john de oxenden , her receiver general should shew to be due unto her , by such processe out of that court , as should be most for her profit . edward par la grace de dieu , &c. as tresorier et barons de nostre eschequier saluz . come isabell . reyne dengleterre nostre treschier dame et miere vous eit mandez per ses ( 5 ) lettres , que elle ad establi et assigne son clerk johan de oxenden recevour des issues de ses terres a faire lever totes les dettes que sont dues a nostre dite dame et miere , auxibien des issues de ses dites terres , come de son or , et a faire retrere reconissances faites a nostre dite dame et mere a nostre dite escheqier quele heur q'il verra q'il soit a faire a son profit . vous mandoms qe vous recevez le dit johan a pursuire et parfourmir totes les choses suisdites solon● le purpoet et la tenour des lettres nostre dite miere avantdites . don souz nostre prive seal a wyncestre le 12. jour de marz l'an de nostre regne quart . what lands are liable to be extended for queen-gold , and from what time , this ensuing record an. 7 e 3. will resolve us . edwardus dei gratia rex angliae . vicecomiti hereford . salutem . praecipimus tibi , quod de bonis & catallis thomae chaundos , ac etiam de ( 5 ) terris et tenementis quae sua fuerunt anno regni domini edwardi nuper regis angliae decimo nono , seu postea , in quorumcunque manibus eadem terrae et tenementa existant , fieri facias 16 s. 8 d. quos isabellae reginae angliae matri nostrae charissimae , de quodam debito 60 solidorum de avro svo , de fine triginta librarum , pro ( 4 ) licencia acquirend . manerium de lugwardyn habenda : et quod denarios illos habeas ad scaccarium nostrum apud westm . in octabis s. hillarii , johanni de badley ( 5 ) custodi praedicti avri solvend , et habeas ibi hoc breve . teste hugone de sera apud westm . 30 die novembris , anno regni nostri septimo . per rot. de finibus cancellariae de anno 19. out of what fines and oblations the arrears of queen gold were then levyed for the queen-mother , these records in the exchequer a● . 8 e. 3. will inform us . * de briano papworth 20 marcas quas ( 5 ) debet isabellae reginae angliae nuper conforti regis edwardi secundi pro auro suo , de ( 4 ) fine 20 marcarum pso custodia terrarum et tenemento●um , quae fuerunt willielmi jeffrez habenda . de † ranulpho de camoys 20 l. quas debet isabella nuper consorti regis edwardi secundi pro auro suo de ( 4 ) fine 200 l. pro custodia terr . et tenemento●um margaretae unius sororum & haeredum richardi foliot habenda . consimile aurum de riohardo gray , ( 4 ) pro custodia et maritagio richardi basset habenda . consimile aurum de isabella de monte hermerii ( 4 ) pro custodia propartis johannae unins so●o●um et haeredis richardi foliot habenda . ibidem , de willielmo turret 20 l. quas debet eidem reginae de auro suo de ( 4 ) fine 100 l. pro maritagio johannis filii et haeredis johannis de cocking habenda . consimile aurum de johanna de vienna pro ( 4 ) maritagio annae , ciciliae , & alianorae filiarum knovill . habend . * de bonis & catallis henrici fauconbridge nuper vicecomitis com. nottingham & derb. fieri facias 6 l. quas idem henricus in curia nostra coram baronibus de scaccario nostro recognovit se debere isabellae reginae angliae , pro tot denariis per ipsum levatis de nich. de meignill & sociis suis ( 4 ) taxatoribus & collectoribus diversarum concessionum domino edwardo nuper regi angliae patri nostro concessarum in dicto com. derby de auro ipsius reginae , & quas ei solvisse debuissent ad , &c. de willielmo de ferrariis 10 l. pro auro reginae , de ( 4 ) 100 l. pro licentia alienandi quaedam tenementa habenda . de johanne de trengham 10 marcas pro auro keginae , de ( 4 ) fine 100 marcarum pro pardonatione habenda . king edw. 3. by the advise of his counsil in the 12 year of his reign upon complaint of queen philip his confort , issued this writ to his barons concerning the duty of queen-gold , evidencing the legality and antiquity of this duty . rex thes . & baron . suis de scaccario , salutem . ex parte philippae reginae angliae consortis nostrae carissimae nobis est graviter conquerendo intimatum , quod cum hii qui in pecunia numerata nobis se sponte obligant aurum reginae , viz. de centum marcis una marca auri , et de ducentis duae marcae auri , et de aliis certis summis tam minoribus quam majoribus pro rata po●vionis hujusmodi , prout particulariter conceduntur et promittuntur solbere teneantur , ●e●t per certificationem bestram nobis in cancellar . nostra de mandato nostro inde missam plenius apparet : et licet eadem conso●s nostra sicut et caeterae reginae angliae , hujusmodi aurum ad scaccarium nostrum de finibus et obligacionibus nobis et ipsis progenitoribus nostris factis ac aliis summis ad commodum impetrancium concessis et promissis percipere debeat , et aliae keginae praedict . aurum illud percipere consueberint totis temporibus retroactis . quidam tamen praefatam consortem nostram de auro suo praedict . machinantes callidè defraudare , fines & obligationes ex quibus dictum aurum solvi deberet , in naturam & formam aliam pro exoneracione inde habend . convertere moliuntur , & super hoc diversa brevia in cancellaria nostra impetrari & vobis porrigi procurarunt ; quo praetextu eadem consors nostra super levacione auri sui praedicti de diversis pecuniarum summis nobis sic concessis , unde aurum praedictum sibi debetur saepius impeditur , in ipsius conso●lis nostrae grave praejudicium ac dispendium et jacturam , et contra fo●mam statutorum et consuetudinum quae ad scaccarium praedictum appro bantur et in violabiliter obserhantur . super quo nobis est supplicatum , ut sibi in praemissis subveniamus remedio oportuno . nos nolentes praefatae conso●ti nostrae super perceptione auri sui praedicti aliqualiter praejudicari ; vobis mandamus , quod scrutatis statutis , rotulis , et memo●and . dicti scaccarii praemissa tangentia , et eis inspectis et plenius intellectis , bocatisque co●am hobis quos noberitis conbocand . et auditis , tam pro ipsa conso●te nostra , quam pro aliis praedictis , rationibus hincet inde , dictum aurum de ( 4 ) finibus● et obligacionibus et aliis pecuniarum summis de quibus aurum reginae rationabiliter deberi , lebari , et illud praefatae conso●ti nostrae liberari fac . prout tempo●ibus retroactis fieri consuevit , et jurta discretiones bestras fo●e bideritis faciend . aliquibus mandatis , fi quae bobis in contrarium directa fuerint non obstantibus . teste meipso apud turrim london . 15 die marcii , anno regni nostri 12. per consilium . the barons upon this and a second writ issued to them , after above seven moneths search and deliberation , retorned this certificate to the king , recorded in the exchequer . dominus rex mandavit hoc breve suum de magno sigillo suo quod est inter communia de anno undecimo in haec verba . edwardus dei gratiâ rex angliae , dominus hiberniae , & dux aquitaniae ; thes . & baronibus suis de scaccario salutem . volentes quibusdam certis de causis per vos certiorari , de quibus et quantis pecuniarum summis et a quibus in genere debito●ibus aurum reginae in dicto scaccario secundum legem et consuetudinem ejusoem erigi et lebari debeat , et qualiter et quomodo , necnon de modo et fo●ma lebationis ejusdem : ac de aliis circumstantiis praemissa contingentibus . vobis mandamus , quod scrutatis rotulis et memo●andis scaccarii praedicti aurum hujusmodi concernentibus , de eo quod inde inbeneritis nos sub sigillo scaccarii praedicti distincte et aperte fine dilatione reddatis certio●es ; hoc b●ebe nobis remittentes . teste meipso apud leic. secundo die octobris , annoregni nostri decimo . per consilium . quod quidem breve remittitur domino regi in cancellaria sua , unà cum certificatione inde facta in haec verba . scrutatis rotulis et memo●andis scaccarii besiri super modo et fo●ma lebationis auri reginae secundum teno●em mandati nostri regis , quod vobis remittimus praesentibus interclusum comperimus in quodam * lib●o de eodem scaccario inter quasdam leges et statuta ejusdem scaccarii , per quendam † magistrum ad petitionem sui discipuli in script . redact . & ibidem annotata verba subscripta . * ad haec noverint hii , qui in pecunia numeraeta● regi sponte se obligant , quod regina similiter tenentur , licet expressum non fuerit . quamvis vero non sit expressum est tamen promisso compromissum , ut cum regi scil . centum marcas promiserit reginae pariter teneatur pro c. marcis promissis in 1. marc . auri ; pro ducentis marcis in 2. marc . auri ; et sic deince●s . in hiis autem perquirend . eadem lege vic. iper omnia● utetur qua in regiis usus est ; nen tamen ante , sed post . cum ergo de regiis debitis summonitiones fuerint , adest clericus reginae ad hoc constitutus , & addit in summonitio●e , &c. ( as here , p. 8 , 9. ) usque careat impetrato . secundum quae quidem verba reginae angliae quae pro tempo●e suerunt aurum suum petierunt et habuerunt tempo●ibus retroactis . in the 3d parliament an. 15 e. 3. the lords and commons granting to the king the ninth lamb , fleece , and sheaf of the second year , towards the maintenance of his wars ; specially enacted , cap. 6. item , that the queens gold shall not run in demand by reason of this grant ; ( to wit , by reason of any fine payd to , or composition for a summe of money made with the king by any person , county or place for their ninth lamb , fleece , or sheaf , there being no queen-gold due out of any of them in specie : ) which proves , that if this clause had not been added , queen-gold had been due to and recoverable by the queen out of voluntary fines and compositions in mony for those ayds in kinde . iohannes eston clericus , ( 5 ) receptor auri philippae reginae angliae praesens hic in curia 31 januarii hoc termino cognovit , se recepisse de radulpho de nevill 86 l. 13 s. 4 d. de auro efusdem reginae ipsam contingente de quodam ( 4 ) fine 1700 marc . per ipsum radulphum anno 17. in cancellaria facto ( 4 ) pro custodia duarum partium ter●arum et ten . quae fuerunt willielmi de roos de hamelake , exceptis ducentis libratis redditus de firmis civitatis ebor. & lincoln . & se de eisdem 86 l. 13 s. 4 d. versus dominam reginam in exonerationem praedicti radulphi aurum debere . in the plea rolls , anno 25 e. 3. in the exchequer , before the barons , i found this inhibition and writ concerning queen-gold . inhibitum est 26. die januarii hoc anno thomae de hoo vic. com. surr. & sussex , praesenti in curia eodem die , ne recedat à curia quousque computaverit cum philippa regina angliae , de denar . per ipsum lebat . ( 5 ) de auro et aliis debitis ipsius reginae ; tam per diversa brevia hujus scaccarii , quam summon , ejusdem , satisfecitque ei de omni eo quod per compotum illum deberi contigerit , sub periculo quod , &c. postea praedictus thomas recessit à curia , licentia super hiis non optenta , neque praefatae reginae in praemissis computato , seu satisfacto , in contemptum domini regis , &c. ideo praeceptum fuit coron . com. praedict . sussex , quod attach . praedictum thomam , &c. ita , &c. à die paschae in 15 dies , ad respondendum regi de contemptu , et ad computand . et satisfaciend . eaedem reginae in praemissis . postea idem thomas praesens in curia primo die octobris hoc anno , pro contemptu praedicto committitur prisonae de ●lete , ibidem moraturus quousque , &c. et incontinenti thomas de clough atturn . praedictae reginae cognovit coram baronibus , quod satisfactum est praefat . reginae in praemissis . et idem thomas de hoo fecit finem cum rege pro contemptu praedicto pro 6 s. 8 d. cujus finis , & liberatur à prisona praedicta . in the * parliament held in the 11th year of k. edward the 3d. a fifteenth and a tenth were granted to the king ; after which the burgesses and inhabitants of bristoll for as much thereof as belonged to them to pay , procured from the king a further day of payment , and thereupon entred into a recognizance to the king in the summe of 220 l. for the payment of the same accordingly . hereupon the queen by action commenced against them in the exchequer , demanded of them 22 l. fo● queen-gold . to this action they pleaded , that they ought not in this case to be charged with queen-gold , because this their recognizance was not in nature of a fine made with the king , no● the money therein conteyned in lieu of a fine : to which the queens atturney replyed , that this recognizance was entred into , to the end that the said bailiffs and inhabitants might not be taxed by the collector of the commons , and that no minister , nor the bailiff of the king might intermeddle within their bayliwick with the collection : as also to obtain a longer day of payment ; all which did redound both to the honour and benefit of the said burgesses ; in which case , they ought by the law of england to pay queen gold , a so demanded judgement . upon this doubtfull case ( as mr. hackwill informs me ) the barons of the exchequer for the guiding of their judgements herein , caused the ordinance of aurum reginae in the red book to be enrolled before them , in the record of the said plea. by which it appearing to them , that the queen was in right to have her gold de sponte regi oblatis . that it might likewise appear unto them how sponte oblatum was in this case to be understood , they caused further search to be made in the red book for the chapter de sponte offerentibus ; as much whereof as might concern their purpose , they caused likewise to be transcribed into the said plea depending before them ; which i have * already presented to your view : so as the best and surest way of desciding this question then in hand , in the judgement of the barons of the exchequer in those dayes , was to be guided by the said ordinance , de sponte offerentibus . i cannot yet finde this † plea and record , nor any express resolution of the barons in this case , but it seems to me by the provisions in the statutes of 15 e. 3. parl. 3. c. 6. & 31 e. 3. ch . 13. ( made as i conjecture by occasion of this long-controverted case of bristoll ) against the payment of any queen-gold , for or by reason of the subsidies and quindisms then granted by the commons to the king ; and by the writs issued for levying this queen-gold , that the barons were of opinion , that the queen ought to recover her gold in this case , which she did , as this record anno 27 & 28 e. 3. implyes . memorandum , quod cum 24. die febr. hoc anno , praeceptum fuit vic. com. glouc. quod de bonis & catallis eborardi le frensh majoris , & aliorum hominum villae bristoll , et suburbiorum ejusdem villae ; ac ettam de ( 5 ) terris et tenementis quae sua fuerunt anno ii. regis nunc , seu postea , in quo●umcunque manibus , 〈◊〉 fieri faceret 22 l. quas debent philippae reginae angliae , de auro suo , de illis 220 l. regi praedicts anno undecimo in cancellar . sua recogn . ita quod denar . illos haberet hic ad crastinum clausi paschae , praedictae reginae solvend . idem vic. videlicet johannes de weston return . ad diem praedictum , quod fecit return . brevis waltero derby , & roberto cheddre ballivis libertatis villae bristoll , extra●quam libertatem , nulla fuerunt bona seu catalla praedictorum eborardi majoris , & aliorum hominum villae praedictae in balliva sua , qui sibi inde nullum dederunt responsum . philippa reginae angliae venit coram baronibus sexto die aprilis hoc anno per thomam del clough atturn . suum , & dicit , quod illud return . factum fuit in favorem dictorum hominum villae bristoll per dictos ballivos , & per sic levacio denar . suorum praedictorum injuste retardatur ; ad dampnum ipsius reginae 10 l. et petit , quod praedicti ballivi qui praesentes sunt in curia super returno praedicto examinentur , &c. et super hoc praedictus walterus de derby computans hic pro se & praedicto roberto cheddre socio suo de debit . regis levand . infra libertatem praedictam anno 26. regis nunc per barones allocutus , dicit , quod praedictus vic. nullum return . brevis praedicti sibi seu socio suo praedicto fecit , nec ipse nec dictus socius suus aliquod hujusmodi responsum dederunt praefato vic. et hoc praetendit verificare , &c. et praedictus vic. similiter praesens in curia , super compoto suo de eodem anno 26 inde allocutus , dicit , quod ipse fecit return . brevis praedicti praefatis waltero & roberto ballivis dictae villae bristoll apud dictam villam bristoll die mercur. in sept. paschae ultimo praeter . et ipsi ballivi inde sibi nullum dederunt responsum , prout superius versus eos narravit . et de hoc point se super patriam . et praedicti ballivi similiter . ideo fiat inde jur. et praeceptum fuit coron . com. praedict . quod venire fac . hic in crastino ascensionis domini 12. &c. quorum fex sint de villa bristoll , & alii sex de forinsecis com. praedicti , quorum quilibet , &c. per quos , &c. qui nec , &c. ad recogn . et idem dies datus est partibus . et continuato processu isto usque à die paschae in 15 dies anno 28 regis nunc , &c. continetur alibi in hoc rotulo inter placita hujus termini , & in rotulo placitorum de dicto anno 28. videlicet , inter placita de termino sancti michaelis . quo die tam praedictus johannes de weston per atturn . suum , sicut continetur inter placita de termino paschae praedict . anno 28. venerunt ; et praefata regina similiter venit per attornatum suum . et praedictus walterus derby , benè cognovit pro se & socio suo praedicto , quod praedictus vic. fecit return . brevis praedict . sibi & socio suo praedicto , praedicto die mercurii , & quod ipsi non dederunt eidem vic. aliquod responsum . et petit , quod admitti posset ad faciendum finem cum rege pro contemptu illo , pro dictis ballivis , &c. et praefata regina super hoc petit judicium , &c. et habita inde deliberatione , &c. consideratum est , quod praefata regina recuperet bersus walterum derby et robertum cheddre dampna sua , quae tarantur per baron . ad 100 s. et quod ipsi pro contemptu praedicto capiantur , &c. et praedictus walterus le hunt fecit finem cum rege pro contemptu praedicto pro 10 s. cujus finis praetextu cesset executio de capiendo praedictos ballivos , &c. inhibitum est primo die aprilis hoc anno johanni de alveton vic. oxon. praesenti in curia eodem die , ne recedat ab eadem curia quousque computaverit cum philippa regina angliae de denariis ipsius reginae per ipsum vic. in eodem com. levat . tam de auro suo quam de aliis debitis dictam reginam ibidem concernentibus , satisfecitque ei de omni eo quod per compotum illum deberi contigerit , sub periculo quod , &c. postea , videlicet septimo die maii prox . sequen . walterus de campeden attorn . praefatae reginae cognovit coram baronibus , quod praediaus dic. computabit et satisfecit eident reginae in praemissis . ideo recedat praedictus vic. in praemissis quietus . eodem modo inhibitum est die & anno supradictis waltero parles vic. com. northt . &c. guidoni seynt-cler vic. com. cant. &c. willielmo de middleton vic. norss . & suff. &c. radulpho de seynt ●wayn vic. com. surr. &c. thomae de la ryvere vic. com. wiltes . johani de dalton vic. somers . & dors . &c. willi●lmo auncel vic. devon. &c. tam de auro & aliis debitis philippae reginae angliae , &c. all entred at large in the rolls of this term. moreover , inhibitum est primo die aprilis hoc anno johanni de coggeshale vic. com. essex . praesenti in curia eodem die , ne recedat ab eadem curia quousque computaverat cum philippa regina angliae de denar . per ipsum vic. levatis ad opus dictae reginae in eodem com. tam de auro suo , quam de aliis debitis dictam reginam ibidem concernentibus , satisfecitque ei de omni eo quod per compotum illum deberi contigerit sub periculo quod , &c. postea , quia idem vic. recessit à curia licentia sibi super hoc non optenta , neque eidem reginae computato in praemissis , in contemptu regis , &c. praeceptum fuit coron . com. praedicti quod ipsum vic. attach . &c. ita , &c. in octab. sancti michaelis , ad audiend : judicium suum de contemptu praedicto , et ad computand . et satisfac . eidem reginae in praemissis . postea , videlicet 26 die febr. anno 29. radulphus wolsey venit coram baron . & fecit finem cum rege pro contemptu praedicto , pro praedicto johanne de coggeshale , sicut continetur in rotulo placitorum de anno 29. inter placita de termino hillarii . et ex assensu consilii praefatae reginae , idem johannes de coggeshale habet diem ad computand . in praemissis in crastino sanctae trinitatis dicto anno 29. eodem modo inhibitum est die & anno supradictis jacobo lapyn vic. com. kantiae , tam de auro , quam aliis debitis philippae reginae angliae , &c. ( ut supra ) postea , videlicet 20 die junii , praedictus jacobus praesens in curia , quia idem vic. recessit à curia licentia super hoc sibi non optenta , neque eidem reginae computato , &c. committitur prisonae de ●lete , pro contemptu praedicto , 〈◊〉 . et incontinenti thomas del clough atturn . praefatae reginae cognov . quod praedictus jacobus computavit & satisfecit praefatae reginae in praemissis . et idem jacobus fecit finem cum rege pro contemptu praedicto pro dimid . marc. cujus finis praetextu deliberatur à prisona praedicta . praesente in curia 16 die junii hoc anno jacobo lapyn nuper vic. com. kanc. super compotum suum de officio vicecom . illius de anno 27 regis nunc ; philippa regina angliae venit coram baronibus per thomam de clogh ( 5 ) atturn . suum , et queritur de praefato nuper vic. de eo videlicet , quod cum sex brevia sigilli hujus scaccarii consign . pro praefata regina apud cantuar. in festo sancti stephani anno 25 regis nunc , liberata fuerunt praefato vic. per manus ( 5 ) johannis dymmock cursoris hujus scaccarii exequend . per billam quam ostendit curiae in haec verba . memorandum , quod jacobus lapyn vic. kanc. recepit de iohanne dymmock cursore scaccarii domini regis apud cantuar. die mercur. in festo sancti stephani anno 26. sex brevia pro philippa regina angliae , & 14. brevia pro isabella regina angliae , &c. quae quidem brevia fuerunt returnabilia ad idem scaccarium ad crastinum sancti hillar . tunc prox . sequen . quorum unum fuit de fieri faciend . de bonis & catallis thomae vicar . de recolure , iacobi lapyn , iohannis underwall , & roberti mande 13 s. 4 d. quos debuerunt praefatae reginae de auro suo de ( 4 ) quodam fine 10 marc . pro licenc . eis dand . assignare tribus capellanis in ecclesia praedicta celebraturis quaedam terr . etten . in recolure . et secundum breve de fieri faciendo de bon . & catall . fratris thomae praepositi prioratus de fowstan & richardi de cressevil personae ecclesiae de rolvyndenn & iohannis de reynford personae ecclesiae sancti clement is de h●sting 66 s. quos debuerunt praefatae reginae de auro suo ( 4 ) de fine 33 l. pro custod . prae . dictt prio●atus habenda . et tertium breve de fieri faciendo , de bonis & catallis eliae port et thomae filii ejus , 22 s. 4 d. quos debent dictae reginae de auro suo de ( 4 ) fine facto pro erto●sione . et quartum breve de fieri faciendo de bonis & catallis hugo . de dudeley 12 l. 15 s. quos debet praefatae reginae de auro suo de quodam ( 4 ) fine 500 marc. pro custodia terr . et ten . et maritag . haered . de graystock habenda . et quintum breve de fieri faciendo de bonis & catallis , terr . & ten . waresii ate capele 20 s. quos debet praefatae reginae de ( 4 ) fine pro transgr . et sextum breve de distringendo johannem beaufiiz , nuper ballivum praefatae reginae in com. kanc. ad reddend . eidem reginae compotum de tempore quo fuit recept . denar . ipsius reginae , & compotum inde nondum reddidit . idem nuper vic. brevia praedicta nec aliquod eorundem , ad dictum crastinum sancti hillarii nondum returnavit , set in favorem partium versus quas praefata regina sequebatur , & in retardationem levationis denar . praefatae reginae brevia illa penes se detinuit , in laesionem sacramenti sui , contemptum mandatorum regis , et ad dampnum praefatae reginae 40 marc . et hoc offert , &c. et praedictus jacobus defendit dampnum & quicquid , &c. et benè cognovit praedictam billam esse factum suum , & quod ipse recepit sex brevia supradicta in forma praedicta ; set dicit , quod quidam robertus pellebien suit subvic . suus tunc temporis , et returnator omnium brevium eidem nuper vic. directorum , et habuit in custodia sua omnia brevia praedicta , et obiit ante dictum crastinum sancti hillarii , videlicet in vigilia epiphaniae domini , & brevia praedicta post mortem dicti roberti devenerunt ad manus executorum suorum ; ita quod idem nuper vic. brevia illa habere , nec ipse ob dictam causam dicta brevia returnare non potuit . et petit judicium , si aliqua injuria in persona sua assignari poterit , &c. et praedicta regina per dictum atturnatum suum dicit , ex quo praedictus nuper vic. cognovit praedictum robertum ministrum suum fuisse , pro quo habet respondere , &c. e● etiam , quod ipse recepit brevia praedicta , et ea non returnavit prout , &c. petit judicium inde una cum dampnis , &c. et quod praedictus nuper vic. amercietur , eo quod in billa praedicta non declaratur quae et cujusmodi brevia illa fuerunt , nec quo die fuerunt returnabilia , &c. et habita inde deliberatione , &c. consideratum est , quod praefata regina recuperet versus praefatum jacobum dampna sua , quae tarantur per barones ad — 34 s. — 4 d. & quod dictus jacobus quia non declaravit billam suam praedictam , et etiam pro transgr . praedict . sit in misericordia . et afferatur per barones ad dimid . marc . inhibitum est primo die aprilis hoc anno miloni de stapleton vic. com. eborum praesenti in curia eodem die per johannem de stoke attornatum suum , ne recedat à curia quousque computaberit cum philippa ( 5 ) regina angliae de denar . per ipsum vic. levat . in com. praedicto ad opus ipsius reginae de dibersts debitis suis , tam de auro suo , quam de aliis debitis dictam reginam ibidem concernentibus , satisfecitque ei de omni eo quod per compotum illum deberi contigerit sub periculo quod , &c. eodem modo inhibitum est die & anno supradictis johanni wal●ys : vic. com. not. de auro et aliis debitis philippae reginae angliae , &c. johanni de burton vic. com. salop. johanni musard vic. com. stafford . gilberto chastylon vic. com. warr● . richardo de brigges vic. com. heref. thomae casey vic. com. wygorn . johanni de weston . vic. com. glouc. &c. de auro et aliis debitis philippae reginae angliae , &c. de denariis , ●c . ut supra . all entred severally at large , like as that to the sheriff of york● . writs issuing this year to most sheriffs of england for levying the arrears of queen-gold . north. ss . computante hic modo ad hunc diem johanne de stratton ballivo libertatis villae northt . de debitis regis levat . & levabilibus infra libertatem praedictam ; inhibitum est ei ne recedat a curia , quousque satisfecerit philippae reginae angliae de 10 marc. quas homines hillae praedictae debent praefatae reginae de auro suo de quodam ( 4 ) fine 100 marc. per ipsos homines facto pro dibersis grabaminibus et oppresstonibus regi et populo suo per ipsos illatis , et super eosdem homines , coram willielmo de shareshull et sociis suis justic . anno 26 regis nunc praesentat . sub periculo quod , &c. postea ex assensu consilii praefatae reginae , idem johannes habet diem ulterius sub inhibitione praedicta usque crastinum clausi paschae , ad satisfaciend . praefatae reginae in praemissis . ad quem diem praedictus johannes venit : et thomas del clough atturn . praefatae reginae cognovit , quod satisfactum est praefatae reginae de 10 marc. praedictis : ideo recedat praedictus johannes in praemissis quietus . london ss . praesente in curia rogero de cloun ( 5 ) clerico nuper thes . philippae reginae angliae , ac receptore denar , ipsius reginae , tant de miridi cera et auro , firmis et reddit . quam aliis debitis quibuscunque ad ipsam reginam pertinentibus ; inhibitum est ei ne recedat à curia quousque computaverit cum praefata regina de tempo●e quo fuit thes . et recepto● . denar . ipsius reginae , ut praemittitur , satisfecitque ei de omni eo quod per compotum illum deberi contigerit , sub periculo quod , &c. postea ex assensu consilii ipsius reginae datus est dies praefato rogero ulterius ad computand . & satisfaciend . in praemissis , usque à die sancti michaelis in 15 dies , sub inhibitione praedicta . ad quem diem praedictus rogerus ven . & ex assensu consilii praefatae reginae idem rogerus habet diem ulterius in praemissis usque oct●b . sancti hillarii sub inhibitione supradicta . ad quem diem praedictus rogerus venit , & habet diem ulterius ex assensu consilii ipsius reginae in praemissis usque à die paschae in quindecim dies . ad quem diem praedictus rogerus venit , & ex assensu consilii praefatae reginae habet diem ul●erius in praemissi● usque à die sanctae trinitatis in 15. dies , sub inhibitione praedicta . ebor. ss . dominus rex mandavit hic breve suum de magno sigillo suo , quod est inter communia de hoc anno 28 , termino videlicet sancti michaelis , in haec verba . edwardus dei gratiâ rex angliae , & franciae , & dominus hiberniae , thes . & baronibus suis de scaccario salutem . cum sexto die junii anno regni nostri angliae vicesimo quarto , per literas nostras patentes , commiserimus dilecto clerico nostro willielmo de dalton custodiam omnium terrarum & ten . cum pertinentiis , in magn . houghton , crophull & baynho quae suerint briani safray defunct . qui de haerede laurentii de hastings nuper com. pembr . defunct . qui de nobis tenuit in capite , infra aetatem , & in custodia nostra existente , tenuit per servitium militare , & quae per mortem praedicti briani , & ratione minoris aetatis haeredis ejusdem briani in manu nostra extiterunt . habend . à festo paschae tunc ultimo praeterito , usque ad legitimam aetatem haeredis praedicti briani , una cum maritagio ejusdem haeredis , absque disparagatione ; reddendo nobis in garderoba nostra pro custodia praedicta per annum centum solidos , & solvendo nobis ibidem pro maritagio praedicto decem libras ; ac sextodecimo die decembris tunc prox . sequen . capto homagio thomae safray , consanginei & haeredis aliciae filiae & haeredis praedicti briani , quae dum infra aetatem & in custodia nostra fuit diem suum clausit extremum , de omnibus terris & tenementis quae per mortem praefati briani , & ratione minoris aetatis ejusdem aliciae , ad manus nostras devenerunt , ei terras & ten . illa reddiderimus eaque sibi mandaverimus liberari , sicut per inspectionem rotulorum cancellariae nostrae nobis constat . et quia praedictus willielmus de custodia seu maritagio praedict . ●o quod praefata alicia filia & haeres praedicti briani statim sic obiit , se non intromisit , sicut dilectus clericus noster willielmus de retford , nuper custos garderobae nostrae nobis est testificatus ; praefatusque willielmus dictas literas nostras patentes , sibi de custodia & maritagio praedictis sic factas , nobis in cancellaria nostra restituit cancella●das : vobis nuper mandavimus , quod demandae quam eidem willielmo pro dictis centum solidis annuis pro custodia praedicta , & dictis decem libris pro maritagio praedicto , ad opus nostrum reddend . fieri fecistis supersedere , & ipsum inde ad scaccarium praedictum exonerare , & quietum esse faceretis , sicut per inspectionem rotulorum dictae cancellar . nostrae nobis constat . et ideo vobis mandamus , quod demandae quam eidem willielmo ( 4 ) pro auro philippae reginae angliae consoxtis nostrae occasione praemissa ad opus ipsius reginae solbendo , fieri saciatis supersederi , et ipsum inde ad idem scaccarium eronerati , et quietum esse faciatis supradicta . teste meipso apud westm . 10 die octobris , anno regni nostri angliae vicesimo septimo , regni vero nostri franciae quartodecimo . et modo ad quindenam sanc●i martin● , venit hic praedictus willielmus in propria persona sua , & dicit , ipsum grabiter diffridum esse ad sectam praefatae reginae per mic. eborum pro 20 s. quos eadem e●igit de eodem willielmo de auro ab ipsam spedante pro didis 10l . ( 4 ) pxo maritagio praedicto , et hoc injuste , quia dicit , quod ipse de maritagio pxaedicto se non intromisit , sicut superius in brevi annoteur ; quo praetextu rex mandavit thes . & baronibus scaccarii , quod de dictis 10 l. pxo maritagio pxaedicto erga regem ipsum eronerarent , et quietum esse facerent , et desicut ipsi maritag . illud non habuit , nec se inde intromisit , et erga regem eroneratus eristis ; ita quod rex nullum profic●um de maritag . illo percepit , nec habuit ; et per sic eadem regina aurum erigere non potest , nechabere debet . petit idem willielmus exonerari & quietus fieri , juxta tenorem mandati regis supradicti . et super h●c quaesitum est à johanne de hedyndon ( 5 ) atturn . praefatae reginae , si quid habeat , vel dicere sciat pro praefata regina , quare praedictus willielmus de 20 s. praedictis erga ipsam reginam exonerari non debet ? dicit , quod non ; set quod dictus willielmus inde de jure est exonerandus . ideo consideratum est , quod praedictus willielmus de 20 s. praedictis erga praefatam reginam exoneretur , & inde recedat quietus , et quod executio versus eum in hac parte inchoata cesset omnino . inhibitum est 20 die novembr . hoc anno johanni de reynes vic. com. northampt . praesenti in curia eodem die , super compot . suum , de officio vicecom . illius de an. 29 regis nunc , ne recedat a curia priusquam satisfecerit philippae reginae angliae de 54 s. 4 d. de precio bonorum et catall . abbatis de burgo sancti petri per ipsum vic. in manum regis capt . sicut continetur in returno ipsius vic. facto in crastino sancti hillarii ultimo praeterito pro 40. marc . quas debet praefatae reginae de auro suo pro quodam ( 4 ) fine 300 l. pro custodia tempo●alium praedictae abbatiae tempo●e bacationis habend . sub periculo quod incumbit . postea , viz. 30 die november . tunc prox . sequent . idem johannes solvit ad receptam dictae reginae 53 s. 4 d. praedictos per unam talliam levatam dicto 30. die novembr . ad dictam receptam , coninentem ●olutionem inde , quam talliam johannes de holt attornat . praefatae reginae cognovit esse veram , & denarios praedictos solutos fuisse ad dictam receptam . inhibitum est 5. die maii hoc anno waltero parles vic. northt . &c. ne recedat ab eadem curia , quousque satisfecerit philippae reginae angliae de 20 marc . quas idem vic. cognovit se levasse potuisse de bonis et catallis , terris & tenementis prioris & conventus abbatiae de burgo sancti petri , praetextu brevis regii sibi directi de levando de bonis & catallis dicti prioris & conventus 28 marc . & dimid . quas debent praefatae reginae de quodam debito de 40. marc . de auro ad ipsam reginam spectante , de quodam fine 400 marc . pro custodia temporal . ejusdem abbaciae nuper vacantis . postea , ex assensu consilii praefatae reginae datus est dies praefato waltero ulterius in crastino ascensionis domini , ad solvend . 20 marcas praedictas , quem diem solutionis praedictus walterus assumpsit ; ad quem diem praedictus walterus solvit praefatae reginae ad receptam suam 20. mar . praedict . per manus prioris de burgo sancti petri , per unam talliam levat . ad dictam receptam 4 to die junii hoc anno , quam talliam johannes de holt attornat . praefatae reginae cognovit esse veram , & dictos 20 marc . solutas fuisse ad recept . praedict . ideo recedat praedictus vic. de inhibitione praedicta quietus . inhibitum est 28. die maii hoc anno gilberto chasteleyne nuper subvic . war. & leic. praesenti in curia eodem die , super compotum suum de officio vicecom . illius de anno 28 regis nunc per johannem sned attorn . suum , ne recedat ab eadem curia , quousque satisfecerit philippae reginae angliae de 13 s. 4 d. quos abbas sancti nicholai andeg. debet praefatae reginae , ( 4 ) de auro ad ipsam reginam spectante , de quodam ( 4 ) fine 10 marc . per gilbertum de sohis procurato●em dicti abbatis concessis regi , pro custodia dictae abbatiae prae caeteris babenda , et ad quozum 13 s. 4 d. balentiam , idem nuper subbic . cepit bona et catalla dicti abbatis in manum regis , prout liquet per return , suum ad crastinum sancti michaelis anno 28 regis nunc factum , sub periculo quod , &c. postea ex assensu consil . praefatae reginae datus est dies e●dem gilberto ulterius , sub inhibitione praedicta , usque à die sancti johannis baptistae in 15 dies . ad solvend , praefatae reginae 13 s. 4 d. praedictos . ad quem diem dictus gilbertus venit , & habet diem ulterius ex assensu consilii praefatae reginae usque octab. sancti michaelis , ad solvend . praefatae reginae 13 s. 4 d. de praedict . ad quem diem praefata regina venit , & praedictus gilbertus plur , vocatus non venit , neque denar . praedict . solvit , in contemptum regis ; ideo attachietur , &c. et praeceptum fuit vic. quod ipsum attach . &c. ita , &c. in crastino sancti michaelis , ad audiend , judicium suum de contemptu praedicto . et continuato processu isto usque crastinum sancti michaelis anno 34. &c. sicut continetur in ligulis brevium . quo die vic. return . brev . sibi directum , & quod praedictus gilbertus mortuus fuit , &c. et nulla habuit bona seu , &c. unde aliqni denar . &c. ideo non fiat ulterius executio de ipsum attach . &c. sed fiat — ulterius ad levand . debit . praedict . an. 30 e. 3. inhibitum est 14 die octobris hoc anno johanni de wycomb praesenti in curia eodem die , ne recedat ab eadem curia quousque satisfecerit philippae reginae angliae de 20 s. de avro ad ipsam reginam pertinente de quodam ( 4 ) fine per ipsum coram thomam de bradeston et sociis suis nuper iustic ▪ regis in com. glouc. ad diversas oppressiones , extors . dampn . et conspir audiend . et terminand . assign . nuper fact . sub periculo quod &c. postea , scilicet 26 die octobris prox . sequen . praedictus johannes venit coram baronibus , & dicit , se solvisse praefatae reginae 20 s. praefatos per unam talliam levat . ad recept . praedict . 16 die ; quam quidem tall. johannes de holt atturn . praefatae reginae cognovit esse veram , praefatumque johannem de wycomb solvisse ad recept . praefatae reginae 20 s. supradict . in the first parliament an. 31 〈◊〉 e 3. ch . 13. the king granted a general pardon to the commons ; whereupon the said commons granted to our soveraeign lord the king a quinzyme yearly to be levyed , and gathered in the manner as the last quinzyme granted to the king was levyed , and to be payd at the feasts of saint myghell and easter next coming by even portions . after which it immediately followes in the act ; and our said soeraign lord the king hath granted to the said commons , that for the said quinzyme so granted , no gold shall be demanded nor levyed to the use of the quéen , but that the said commons shall be thereof wholly discharged . which likewise proves , that it was usually demanded and levyed before that time out of fines and compositions for quinzismes and disms , else this special grant of the king had been superfluous . an. 34 e. 3. memorandum , quod cum praeceptum fuit vic. bed. & bucks , quod de bonis & catallis willielmi troysor , necnon de ( 5 ) terr . & ten . quae sua fuerunt an. 32 regis nunc , seu postea in quorumcunque manibus , &c. fieri fac . 8 l. quas idem willielmus debet philippae reginae angliae de avro svo ipsam contingente , de quodam ( 4 ) fine 8 l. per ipsum willielmum facto , pro custod . duarum partium terr . et ten . quae sunt de parte margaretae unius filiarum et haeredum willielmi dabernoun qui de rege tenuit in capite , & quae per mortem praedicti willielmi , & ratione minoris aetatis praedictae margaretae in manu regis existant ; habend . unà cum maritagio ejusdem margaretae ; ita quod dict . 8 l. haberet hic inde ad hunc diem praedict . reginae solvend . et idem vic. viz. johannes de hampden return . quod praedict . willielmus nichil habuit in balliva sua unde denar . aliquo modo levasse potuit . praefata regina venit coram baronibus hujus scacc. prox . die octobr. hoc anno per johannem holt attornatum suum ; et dicit , quod praedict . willielmus est praesens in curia , et petit , quod inde examinetur et satisfaciet eidem reginae inde antequam , &c. et super hoc idem willielmus inde allocutus benè cognov . quod ipse tenetur praefatae reginae in denariis praedictis ; ad quod solvend . habuit diem in crastino cl. paschae ex assensu consilli ipsius reginae , sub inhibitione praedicta , quam diem solutionis admisit sub periculo quod , &c. ad quam diem praedictus willielmus venit , & ex assensu consilii praefat . reginae habet diem ulterius in octab. sanctae trinitatis ad solvend . denar , praedict . ad quam diem praedict . willielmus venit , & habet diem ulteriorem ad denar . illos solvend . à die sancti michaelis in 15 dies . ad quam diem praedict . willielmus venit , & habet diem ulter . ex assensu consilii ipsius reginae ad denar . illos solvend . à die sancti hillarii in 15 dies . ad quam diem praedict . willielmus venit , et solvit praefatae reginae 8 l. praedict . prout johannes de holt attornatus praefatae reginae coram baronibus recogn . ideo recedat quietus . anno 34 e. ● . these writs issued to one county to levy queen-gold . ebor. ss . memorand . quod cum thomas de musgrave vic. ebor. per diversa brevia ad hunc crastinum returnat . levasset ad opus philippae reginae angliae de diversis debitis suis , videlicet , de bonis et catallis thomae bertram ( 5 ) et pleg . suo●um 13 s. 4 d. de quodam debito 10. marc . ad ipsam reginam spectante de avro svo , de quodam ( 4 ) fine 100. marc . per ipsum facto pro diversis transgressionibus parcis johannis de warenna comitis surr. et 12 l. 6 s. 8 d. de bonis & catallis henr. percy militis de constmili auro , de quodam fine 100 marc . pro ( 4 ) licentia concedend . henrico percy filio suo et margar. filiae radulphi de nevil certa maneria in com. northumbr . et eborum . et 6l . 13 s. 4 d. de radulpho nevill de constmili auro de quodam ( 4 ) fine 100 marc . pro licenc . quod margar. filia ejus se maritare posset cuicunque voluerit , &c. et 20 s. de richardo de whateby pannar . eborum de constmili auro de quodam ( 4 ) fine 10 l. pro pardon . factur . pannorum reg. habend . et 20 s. de adam de sothinghale de cons●mili auro de quodam ( 4 ) fine 10 l. facto pro quibusdam transgressionibus . et. 40 s. de johanne charles persona ecclesiae de langham de constmili auro , de quodam ( 4 ) fine 20 l. quod ivit armatus in terrorem populi , et contra pacem . et. 16 s. 8 d. de roberto filio johannis de consimili auro de quosdam debit . 20 s. 8 d. de consimili auro de quodam ( 4 ) fine 20 marc . pro licenc . quod willielmus kay et alii , dare possent 10l . redd . in wak●field ad manum mortuam . et 24 s. de rogero de henningham cive eborum de consimili auro , de quodam ( 4 ) fine 12 l. pro carta de licenc . habend . et 24 s. de marmaduco le conestable de consimili auro de quodam ( 4 ) fine 12 l. pro carta de licenc . habend . idem vic. venit coram baron . & dicit , se solvisse denar . praedictos praefatae reginae ad receptam per 9. tall. levat ad dictam recept . primo die octobris hoc anno , quas ostend . curiae , et quas johannes holte attorn , ipsius reginae cognob . esse veras , et denar . in eisdem content . solut . fuisse ad recept . praedictam . that queen-gold was due to the queen of england for voluntary oblations and fines in ireland as well as england , is evident by this memorable record in the tower , an. 34 e. 3. rex justic , cancellar . & thes . suis hiberniae salutem . ex parte philippae reginae angliae consortis nostrae carissimae , nobis est graviter conquerendo monstratum , quod licet ipsa habeat et percipiat , ac habere et percipere debeat , ipsaque et omnes praedecessores suae reginae angliae habere et percipere consueberint a tempore quo non extat memoria pro avro reginae ( 1 ) unam marcam de singulis decem marcis ( 2 ) omnium finium nobis in curiis nostris , tam in anglia quam in hibernia factorum : robertus tamen de holiwod id quod ad ipsum robertum praefatae cansorti nostrae pro auro reginae de quodam ( 4 ) sine nobis in curia nostra in dicta terra hiberniae facto pertinet solvndum , eiem reginae omnino solvre contradicit ; asserens , hujusmodi aurum eidem consorti nostrae de jure in dicta terra hibernia non deberi , et sic idem robertus ipsam consortem nostram de avro svo in eadem terra hiberniae subtilitatibus , et coloribus exquisitis machinatur defraudare ; unde nobis est supplicatum , ut super hoc remedium oportunum apponi faciamus . nos advertentes quod si idem robertus ad propositum suum in hoc casu attingere posset , hoc non solum in dictae consortis nostrae dampnum , verumeciam * in nostram exhaeredationem cederet manifeste , ac volentes eo praetertu hujusmodi dampno , praejudicio , et exhaeredacioni praecavere , vobis mandamus firmiter injungentes , quod omnes summas quae praefatae consorti nostrae de omnibus finibus , tam per praedictum robertum quam per alios in quibuscumque curiis nostris hibern . nobis factis eidem consorti nostrae pro auro reginae debentur , sine dilatione levari , et praefatae consorti nostrae solvi et liberari faciatis , prout ante haec tempora fieri consuevit ; ita quod nobis exhaeredacio vel praefatae consorti nostrae dampnum nullatenus generetur in hac parte . teste rege apud westmonasterium 28. die julii . an. 35 e 3. northumb. ss . memorandum , quod cum praeceptum fuit vic. northumbr . per breve hujus scaccarii , quod de bonis & catallis thomae de dalton , necnon de ( 5 ) terris et tenementis quae sua fuerunt anno 33. regis nunc seu postea in quorumcunque manibus , &c. fieri fac . 46 s. 8 d. quod debet philippae reginae angliae de quodam debito 53 s. 4 d. de auro ipsam contingente de quodam ( 4 ) fine 40 marc . pro quibusdam terris in wethangs et saldwell sibi per regem concess . ita quod dictos 46 s. 8 d. haberet hic ad hunc diem praefatae reginae solvend . idemque vic. videlicet johannes heroun return . quod cepit bona & catalla praedictae thomae ad valenc . praedictorum , 46 s. 8 d. quae penes ipsum remanent invendita , &c. the same year the queen demanding 80 l. queen-gold , instead of 40 l. for one and the same fine of 400 l. because extant in the extracts returned by the justices itinerant , and in the rolls of the chancery ; upon complaint thereof to the king he issued this writ of supersedeas to the treasurer and barons of the exchequer in their behalf . rex thesaurar , & baronibus suis de scaccario salutem . cum nuper johannes loveday qui de quibusdam feloniis , oppressionibus , extorsionibus & transgressionibus per ipsum in com. berks. perpetratis coram willielmo de notton & sociis suis nuper justic . nostris ad diversas felonias , transgressiones , oppressiones , extorsiones , conspirationes & excessus in eodem com. berks audiend . & terminand . assign . indictatus , ( 4 ) finem nobiscum pro pardonatione nostra a nobis in hac parte habend . per quadringentas marcas fecisset . & nos postmodum duodecimo die decembris prox . praeterit . pro securitate de fine praedicto nobis solvendo habend . per breve nostrum mandaverimus willielmo de haywood vic. nostro sutht . quod si hugo de berewyke miles , thomas de barantyn , thomas dyley , johannes loveday de mugewell , johannes chance de com. oxon. johannes clet , & willielmus notton de com. berks. manucapere vellent ; videlicet , quilbet eorum in solidum pro praefato johanne loveday , quem in dicto brevi nostro johannem loveday de elvedon nominavimus , de solvendo nobis ad receptam scaccarii nostri dictas quadringentas marcas , videlicet centum marcas in octabis sancti hillarii tunc prox . futur . centum marcas in festo paschae tunc prox . sequen . centum marcas in festo sancti michaelis tunc prox . sequen . & centum marcas in festo sancti hillarii tunc prox . sequen . tunc manucaptionem illam reciperet ; & in casu quo aliquis dictorum manuceperet ob infirmitatem vel aliam causam rationabilem coram ipso vic. ad intrand . in manucaptionem praedictam venire non posset , & loco sui alius ita sufficiens in hujusmodi manucaptionem intrare vellet , tunc ipsum ad hoc admitteret , & capta manucaptione illa nos inde in cancellaria nostra certificavit , quod johannes bardolf miles , johannes loveday de mugewell de com. oxon. thomas hustarl , iohannes clet , vvillielmus notton , iohannes austy , ni●holaus atte crouch , petrus cuttingden , iohannes de budene & rogerus lovekyn de com. berk. & quilibet eorum insolidum manuceperunt coram ipso vic. pro praefato iohanne loveday de elvedon de fine praedict . nobis ad dictos terminos in forma praedicta solvendo ; quos quidem iohannes bardolfe , thomam hustarl , johannem austy , nicholaum , petrum , johannem de budene . & rogerum in dicto brevi non nominatis idem vic. loco praedictorum hugonis de berewyke , thoma barantyn , thomae doyly & johannis chance in eodem brevi nominatorum in manucaptionem illam virtute mandati nostri praedicti admisit , sicut per certificationem ipsius vic. ac tertiam partem cujusdam indentur . inter ipsum vic , & dictos manucaptores confect . nobis in cancellaria nostra per dictum vic. missas , & in rotulis dictae cancellar . irrotulatur ; quorum quidem brevis certificationis & indenturae tenorem vobis ad dictum scaccarium in extractis cujusdam cancellar . misimus , plenè liquet ; ac jam ex gravi querela praedicti johanis loveday de elveden acceperimus , quod licet ipse nisi unum finem tantum per quadringentas marcas pro ( 4 ) pardonatione nostra praedicta habenda nobiscum fecisset , & nobis de trescentis marcis inde pro terminis praedictis , juxta formam manucaptionis praedictae satisfecerit ; vos nichilomius pro eo quod in extractis praedicti willielmi de notton vobis missis inseritur , quod iohannes loveday finem fecit nobiscum per quadringentas marcas pro pardonatione praedicta , & in dictis extractis cancellariae nostrae inseritur , quod johannes loveday de elveden finem fecit nobiscum per quadringentas marcas pro pardonatione praedicta , & pro eo quod quaedam variatio nominum & cognominum manucaptorum praedictorum in extractis cancellariae nostrae & extractis praedicti willielmi de notton habet , praetendentes ipsum johannem loveday qui finem fecit coram praedicto willielmo de notton , non esse candem personam quam in dicto brevi johannem loveday de elvedon nominavimus , set diversas personas , et sic duos fines utrumque , videlicet de quadringentis marcis nobiscum factos fuisse octingentas marcas de praefato johanne de loveday de elvedon , videlicet quadringentas marcas de fine facto coram praefato willimo de notton sub nomine johannis loveday ; & alias , buadringentas marcas de fine facto in cancellaria nostra sub nomine johannis de loveday de elvedon , necnon avrvm reginae juxta ratum octingentarum marcarum lebari demandastis , & ipsum ea occasione graviter distringi , & multipliciter inquietari faciatis , in ipsius johannis loveday de elvedon grave dampnum & depauperacionem manifestam , super quo nobis supplicavir sibi per nos de remedio provideri . et quia plenè nobis constat , quod praedictus johannes loveday qui coram praefato willielmo de notton sic indictatus fuit est eadem persona quae in dicto brevi nostro johannes loveday de elveden nominatur , & quod ipse nisi unicum finem per quadringentas marcas pro pardonacione nostra praedicta fecit : nolentes ipsum johannem loveday indebitè onerari ; vobis mandamus , quod satisfacto nobis de quadringentis marcis tam pro fine praedicto , ac philippae reginae angliae consorti nostrae charissimae de avro reginae ad ipsam de eisdem quadringentis marcis pertinente , demandae quam eidem iohanni loveday pro aliquibus pecuniarum summus ad opus nostrum , seu praedictae consortis nostrae de aliquo alio fine quadringentarum marcarum per ipsum ex causis praemissis nobiscum facto solvend . fieri faciatis supersederi , & tam ipsum iohannem loveday quam manucaptores suos praedictos inde ad dictum scaccarium prout justum fuerit exonerari , et quietos esse fac . variacione cognominis praedict . iohannis loveday ac nominum & cognominum manucaptorum suorum praedictorum in extractis dictae cancellar . nostrae & extractis praedicti willielmi de notton , seu eo quod praedictus finis quadringentarum marcarum tam in extractis dictae cancellariae , quam extractis ipsius willielmi de notton ad dictum scaccarium missus fuit non obstantibus . proviso semper , quod nobis de dictis quadringentis marcis pro uno sine , tam ac praefatae consorti nostrae de avro reginae ad ipsam de unico fine quadringentarum marcarum respondeatur , prout decet . teste meipso apud westm . 18 die octobris , anno regni nostri angliae tricesimo quarto , regni vero franciae vicesimo quarto . hoc breve allocatur in magno rotulo de anno 35. in berks. these two records anno 35 e. 3. i have examined and transcribed out of the rolls themselves in the exchequer ; besides which i finde in some notes concerning aurum reginae , collected by mr. hall ( an antient deceased attorney in the exchequer , communicated to me by his son who succeeds him , and hath given me his best assistance in searching , examining and transcribing the records in the kings remembrancers office which concern this duty ) that iohn de estre receiver general of queen philips queen-gold and other debts , rendred an account thereof amongst other things this year ; the original record whereof i cannot yet meet with in my search ; and therefore shall present you only with mr. halls breviate of it . in compoto johannis de eston recept . general philippae reginae à decimo die julii anno 34. usque quartum novembr . an. 35 regis e. 3. sub titulo avrvm reginae . sundry sums of money in several shires of that nature accounted for , which had been levyed to the use of the queen by several sheriffs of several shires there mentioned ; viz. london , surr. sussex , cant. glouc. hereff. warr. ebor. devon. bedf. hunt. wigorn. rutl. leis. southt . kanc. norff. salop , lincoln . nott. and amongst others , rutl. de willielmo de overton vic. per ipsum recept . de rolando davyes de auro reginae de ( 4 ) fine 20 l. fact . in cancellar . an. 33 e 3. pro custod . terr . et ten . quae fuerunt thomae de basings usque ad aetat . haered . ejusdem thomae , 40 s. not. de iohanne de dryby de auro reginae de ( 4 ) fine 100 l. pro maritag . eliz. filiae et haered . thomae de hertz , fact . in cancellar . anno 33 edw. 3. 10 l. salop. robert corbet de morton vic. per ipsum ret. de ball. & aliis hominibus villae salop de auro reginae de ill . 40 marc . ( 4 ) pro exonerac . hobelar . et sagittar . anno 9 e 3. habend . 53 s. 4 d. with divers others of several natures therein contained . an. 38 e. 3. richardus bradshaw de hyndley executor testamenti willielmi bradshaw , & nicholaus atherton & agnes uxor ejus coexecutrix de testamento praedicti willielmi , & ( 5 ) tenentes terrarum & tenementorum quae fuerunt praedicti willielmi , 5 l. 13 s. 4 d. versus ipsos recuperatur de parte decem marcarum , quas praedictus willielmus debuit isabellae nuper reginae angliae de auro suo de quodam ( 4 ) fine 100 marcarum pro transgressionibus , per ipsum regi factis , sicut continetur in memorandis ex parte rememoratoris regis de anno 37. regis hujus , viz. in term. de trin. & in term. s. michaelis , in magno rotulo de anno 38 e 3. lancastr . post nova oblata . consimile de johanne johnson , & de rogero bolton , 6 s. 8 d. & johanna de lawes , 13 s. 4 d. pro consim . auro ibidem . an. 43 e. 3. prior ecclesiae beatae mariae wygorn , dat . viginti libras solutas in hanaperio pro ( 4 ) licentia adquirendi sex messuagia , duas carucatas & tres virgatas terrae , & triginta tres solidos & octo denarios redditus cum pertinentiis in wigorn . habend . ad manum mortuam . teste rege apud westm . 5 to die junii . praecept . est vic. wig. quod de bonis & catallis prioris & conventus ecclesiae beatae mariae wigorn. in balliva sua fieri faceret 40 s. quas debuit philippae nuper reginae angliae consorti regis carissimae defunctae de auro suo , de quodam ( 4 ) fine 20 l. pro licentia adquirendi sex messuagia , duas carucatas , et tres virgatas terrae , et 36 s. 8 d. redditus , cum pertinentiis in wigorn . habendis in manum mo●tuam : qui quidem denarii ( 5 ) occasione mortis ipsius nuper reginae ad manus regis devoluti sunt . ita quod denarios illos habeat ad scaccarium nostrum apud westm . in crastino sancti martini regi ibidem solvendos . teste thoma lodelowe apud westm . 12 die julii , &c. per originale de anno 43 regis nunc . anno 45 e. 3. the king issued sundry writs to divers sheriffs to levy several arrears of queen-gold due to queen philip deceased , devolved to himself as king by her death , some of which he pardoned out of special grace . dominus rex mandavit hic breve suum de privato sigillo quod est inter communia he hoc termino in haec verba . edward par la grace de dieu roy dengleterre , & fraunce , & seigneur dirland , as tresorer & barons de nostre exchequer salutz . come de nostre grace especial eoms pardonez au priour de christchurch de canterbirs , johan walleyes , tho. de walton , & wau●er dautre persona de leglise de retherfield , simon de burgh , & william top●lyff nadgairs gardeins de les temporaltes lerchevesqe de canterbirs quaxt elle estoit darreinment void , & les ditz temporaltees en nostre maine , par celle cause les sessante livers courante en demande en nostre exchequer de l'or nostre compaigne philipp nadgairs roigne dengleterre , ( qe dieu assoill ) sur les ditz gardeins d'un ( 4 ) fine de noef centz marcs , quele ils fierent ovesque nous pur la gard des ditz temporalties au temps del voidance vbantdit . vous mandoms , qe sibien les ditz priour , johan & thomas , wa●ter , simon & william nadgairs gardeins des ditz temporalties , come le venerable piere en dieu william ia e●cevesqe illoeqes faces outrement discharger , sibien envers nous come envers nostre dit compaigne , de les sessante livres suisditz , et entre quitez a nostre exchequer . donn sous nostre prive seal à westm . le 24 jour de novembre , l'an de nostre reigne dengleterre quarante quarte , & de france trente primer . praetextu cujus brevis , scrutati sunt rotuli super exoneratione praedictarum sexaginta librarum de quibus in brevi fit mentio , & compertum est in originali de anno 43 regis nunc , rot. 8. quod dominus rex 23 die julii eodem anno 43. pro nongintis marcis , quas prior ecclesiae christi cantuariensis johannes walleys & thomas de walton , walterus dautry persona ecclesiae de r●therfield , simon . de burgh , & willielmus topclyffe , e●dem domino regi solverent , pardonavit & remisit eis omnimoda compota quibus eidem d. regi tenebantur de exitibus temporalium archiepiscopa●us cant●ariensis nuper vacantis , seu de aliis proficuis ejusdem archiepiscopatus pro ●ota ultima vacatione archiepiscopatus illius : quo praetextu praedicti prior johannes & thomas , walterus , simon & willielmus , qui se sponte regi in praedictis 900 marcis philippae nuper reginae jam desunctae , adhunc viventi in 60 l. tenebantur de auro suo ; videlicet , de quibustibet decem marcis in una vncia auri , videlicet in una marca , licet expressum non fuerit , juxta formam statuti inde habiti et annotati in * rubro libro de scaccario , fol. 46. sub titulo de auro reginae ; et quae quidem 60 l. ad manus domini ( 5 ) regis occasione mortis ejusdem reginae sunt devolutae . per quod praeceptum fuit vicecom . kant . quod de terris & catallis praedictorum prioris , johannis & thomae , walteri , simonis & willielmi fieri facerent supradictas sexaginta libras : ita quod eas haberet in crastino animarum regi solvendas , sicut continetur in ligula brevium de hoc termino in canc. praetextu cujus brevis consideratum est , quad non fiat ulterius executio versus praefatos priorem , johannem & thomam , walterum , simonem , & vvillielmum pro sexaginta libris supradictis . n●rff . suff. praeceptum fuit vic. norff. & suff. per breve hujus scaccarii dat . 12 die novembr . anno 44 regis nunc , quod de bonis et catallis prioris de penteneye in balliba sua fieret 66 s. 8 d. quos idem prior debet philippae nuper reginae angliae desunct . de auro suo de quodam ( 4 ) fine 50 marc . pro licencia adquirendi manerium de northtodenham , et advocationem medietatis ecclesiae ejusdem hilleshend . ad manum mortuam . ita quod denar . illos haberet hic in crastino sancti hillarii hoc termino regi solvend . sicut continetur inter brevia execut . pro rege de termino sancti michaelis hoc anno 45 in norff. & suff. et ad diem illam praedictus vic. non return . breve , set praedictus prior venit & cognovit , quod ipse debet regi 66 s. 8 d. et quia praefat . regina mortua est , prout superius continetur , et denar . praedict . ad ( 5 ) regem et non ad alium de jure pertinent ; ideo id●m priox oneretur bersus regem de praedictis 66 s. 8 d. praetertu cogn . praedict . cant. hunt. praeceptum fuit vic. cant. & hunt. per breve hu jus scaccarii , dat . 20 die novembr . anno 44 regis nunc , quod de bonis et 〈◊〉 prior. & convent . de dernewell in balliva sua fieri fac . 40 s. quos idem prior & conventus debent philippae nuper reginae angliae defunct . de auro suo , de quodam ( 4 ) fine 20 l. pro pardon . forisfacturae et tra●●gression●s quas fecerunt adquirendo quaedam ten . in subur●io london . sivi et successor . suis habend . ad manum mortuam . ita quod denar . illos haberet h●c in 〈◊〉 sancti hillarii hoc termino ( 5 ) regi solbend . sicut continetur inter brevia execut . pro rege de hoc termino in cant. hunt. et ad praedictum crastinum praedictus vic. retorn . brev . et mandavit quod cepit in manum regis de bon . & catall . praedictorum prior. & convent . ad valenciam debiti praedict . et quia praefat . regina mortua est , prout superius continetur , et denar . praed . ad regem et non ad alium de jure pertinent ; ideo idem vic viz. nicholaus de styn●cle oneretur versus regem de 40 s. praetertu return . sui praedict . northt . praecept . fuit vic. northt . quod de bon . et catall . thomae de branncestre & agn. uxor . ejus in balliva sua fieri faceret 10 s. de reman . 20 s. quos debet philippae nuper reginae angliae defunct . de auro suo de ( 5 ) fine 10 l. pro maritagio feliciae filiae et unius haeredum hugonis de mussy●gden habendo . ita quod denar . illos haberet hic in crastino sancti hillar . hoc termino regi solvend . sicut continetur inter brevia execut . pro rege de hoc termino in northt . et ad praedictum crastinum praedictus vic. retornavit breve . et mand . quod cepit in manum regis de terris et catallis praedictorum thomae & agn. in balliva sua ad valentiam debiti praedicti . et quia praefat . regina mortua est ( prout superius continetur ) et denar . praedict . ad regem et non ad alium de jure ' pertinent ; ideo idem vic. viz. ricardus de weydevill oneretur versus regem de 10 s. praedict . praetextu retorn . sui praedicti . somerset . dors . ss . praeceptum fuit vic. somerset & dorset per breve hujus scaccarii dat . 6 die novembr . anno 44 regis nunc . quod de bon . et catal . thomae de la bere , adae atte more , johannis thomae , ivonis de childecome , & roberti burton , ( 5 ) pleg . praedict . thomae , et de terr . et ten . quae sua fuerunt anno 40. regis nunc seu postea in balliba sua , fieri faceret 4 l. 13 s. 4 d. de reman . 10. marc . quas debet philippae nuper reginae angliae defunct . de auro suo de ( 4 ) fine 100 marc . pro diversis transgr . extorsionibus , manuten . et grabaminibus unde praedictus thomas de la bere indictatus est . et per tercium breve dat . 22. die novembr . supradicto anno 44. quod de bonis et catallis abbatis de michelneye in dicta balliva sua ●●eri faceret 10. marc . quas debet praefatae nuper reginae de auro suo de quodam ( 4 ) fine 100. marc . pro licencia adquirendi ●vi et successoribus suis maneria de westerneshull & esterneshull cum pertin . habend . ad manum mortuam ; ita quod denar . praedictos haberet hic in crastino sancti hillarii hoc termino regi solvend . sicut continetur inter brevia execut . pro rege de hoc termino in dorset . et ad praedictum crastinum praedictus vic. return . brevia praedict . & mandavit , quod cepit in manum regis de terr . et catall . praedicti thomae de la ●ere , et ( 5 ) pleg . suorum praedict ad valenciam 13 s. 4 d. de debit . praedict . 10 marc . praedict . et quia praefata regina mortua est , ( prout superius continetur ) et denar . praedict . ad ( 5 ) regem et non ad alium de jure pertinent , ideo idem vic. viz. willielmus de wynterbourne oneretur versus regem de 4 l. 13 s. 4d . praedictis per ipsum in manum regis capt . praetextu retornorum suorum praedictorum . nott. derb. praeceptum fuit vic. nott. & derb. per aliud breve hujus scaccarii dat . 16 die octobr. supradicto anno 44. quod de bonis & catallis johannis de saxton in dicta balliva sua fieri faceret 33 s. 4 d. quas debet praefatae philippae nuper reginae de auro suo de ( 4 ) fine 44 marc . pro maritagio haered . willielmi de stredl●ye mil habend . ita quod denarios illos haberet hic in crastino sancti hillar . hoc termino regi solvend . sicut continetur inter brevia execut . pro rege de hoc termino in not. & derb. et ad praedictum crastinum praedictus vic. retorn . brevia . et mandavit , quod cepit in manum regis de terris et catallis praefat . johannis de saxton ad valenciam 16 s. 8 d. de debito praedict . et quia praefata regina mortua est ( prout superius continetur ) et denar . praedict . ad ( 5 ) regem et non alium de jure pertinent . ideo idem vic viz. rogerus bel●r oneretur versus regem de 16 s. 8 d. praedictis praetextu retornorum suorum praedictorum . lincoln . ss praeceptum fuit vic. lincoln . per breve hujus scaccari dat . 13 die novembr . anno 44 regis nunc , quod de bonis & catallis rogeri abbatis de ne●bo in balliva sua fieri faceret 13 s. 4 d. quos idem roger. debet philippae nuper reginae angliae defuncti , de auro suo de quodam ( 4 ) fine 10 marc . pro licenc . adquirendi quatuor messuagia , und●cem bovatas terrae , decem acras prati & dimid , & duas solidat . redditus cum pertin . in westalyngton , segbr●k , & alibi in dicto com. lincoln . & in com. n●t habend . ad manum mo●tuam . et per aliud breve dat . die & anno praedictis , quod de terris & catallis frederici de tiln●ye in balliva sua fieri fac . 13 s. 4 d. quos debet prae fatae nuper reginae defunct . de auro suo de quodam ( 4 ) fine 10 marc . pro transgressionibus et extorsionibus super praesentatis per placitum thomae de thorpe & alexandri dominicke , ita quod denarios illos haberet hic in crastino sancti hillar . hoc termino regi solvend . sicut continetur inter brevia execut . pro rege de hoc termino in lincoln . et ad praedictum crastinum praedictus vic. retorn . brevia . et mandavit , quod cepit in manum regis tam de terris & catallis praedicti abbatis quam praedicti frederici in balliva sua ad valenciam debitorum praedictorum . et quia praefata regina mortua est ( prout superius continetur ) et denar . praedict . ad ( 5 ) regem et non ad alium de jure pertinent . ideo idem mic. viz. thomas de fulnetby oneretur versus regem de 26 s. 8 d. praedictis , retorn . suorum praedictorum . essex . hertf. ss . praeceptum fuit vic. essex . & hertf. per breve hujus scaccarii dat . duodecimo die februarii anno 45 regis nunc , quod de bonis & catallis thomae strete clerici , senescalli johannis atte lee mil. defunct . in balliva sua fieri faceret 4 l. quas debet philippae nuper reginae angliae defunct . de auro suo de quodam ( 4 ) fine 40l . pro divers ; s extorstonibus , dampnis , gravaminibus super ipsum praesentatis , per placitum rogeri de herleston & thomae stanes de ashewell ; ita quod denar . illos haberet in crastino sancti michaelis hoc termino regi solvend . sicut continetur inter brevia execut . pro rege de hoc termino ●n essex . hertf. et ad praedictum crastinum praedictus vic. retorn . breve . et mandavit , quod praedictus thomas non habet terr . vel ten . bona nec catalla in balliva sua unde aliqui denar . fieri possunt , set praedictus thomas praesens hic in curia decimo die octobr. hoc termino cognovit se debere regi denar . praedictos , et se velle onerari versus regem de 4 l. praedictis , et quia praefat . regina mortua est , ( prout superius continetur ) et denar . praedict . ad regem et non ad alium de jure pertinent : ideo idem thomas oneretur versus regem de 4 l. praedictis praetextu cogn . suae praed . praeceptum fuit vic. essex & hertford . per breve hujus scaccarii , dat . 10 novembris anno 44 , &c. quod de bon . & catt . richardi de punchardon in ballva sua fieri faceret 4 l. 6 s. 8 d. quos debet philippae nuper reginae angliae defunct . de auro suo de reman . 10 marc . de quodam ( 4 ) fine 100 marc . pro maritagio edwardi fil . et haeredis johannis de bensted habend . absque disparagatione ; ita quod denar . ill . haberet hic in crastino sancti michaelis hoc termino regi solvend . sicut continetur inter brevia execut . pro rege de hoc termino in essex . et ad praedictum crastinum praedictus vic. retorn . breve . et mandavit , quod cepit in manum regis de terr . et catall . praedicti richardi punchardon ad valenciam 13 s. 4 d. de de●ito praedico . et quia praefata regina mortua est , ( prout superius continetur ) et denar . praedict . ad ( 5 ) regem et non ad alium de jure pertinent : ideo idem vic. viz. thomas de bassyngbourne oneretur versus regem de 13 s. 4 d. praedictis , praetextu retorn . sui praedicti . praeceptum fuit vic. northumbr . per breve hujus scaccarii , dat . 18 die junii anno 45. regis nunc , quod de bon . & catallis hominum com. northumbr . exceptis libertat . de tydale , h●xham , bedelyngshire & vill. novi castri super tinam , roberti vmframvyll ch●valer , ●lani de heton chivaler , henr. de haveryngton chivaler , rogeri de wyderington , thomae meschaus , david gray , johannis dychard , henr. del strother , alani del strother , thomae de ilderton , ricardi de horsley , roberti de tughale , gilberti vaux , roberti de louther , johannis de farnylawe , johannis de walyngton , h●nr . de horseye , henr. tailboys , willielmi de h●ppestotes , johannis vendout , thomae de horsleye , edwardi de eshot , roberti de midelton , ricardi portor , willielmi fil . thomae styford , johannis de houbone , vvalteri de swynhowe , thomae de eshelyngton , vvillielmi de tyndale chivaler , johannis comyn chivaler , roberti de fenwicks , thomae de fenwycks , hugonis galon , & thomae galon ( 5 ) pleg praedictorum hominum in balliva sua fieri faceret 39 l. 13 s. 4 d. de reman . 100. mar . quas debent philippae nuper reginae angliae defunct . de auro suo de quodam ( 4 ) fine 1000 marc . pro carta general . habend . ita quod denar . illos haberet hic in crastino sancti michaelis hoc termino regi solvend . sicut continetur inter brevia execut . pro rege de hoc termino in northumbr . et ad praedictum crastinum praedictus vic. retornavit breve & mandavit , quod cepit in manum dicti domini regis de terris & catallis praedictorum hominum et pleg . suorum ad valenciam 40 s. de debito praedicto . et quia praefata regina mortua est , prout superius continetur , et denar . praedict ad ( 5 ) regem et non ad alium de jure pertinent : ideo idem vic. viz. ricardus de horsley oneretur bersus regem de 40 s. praedictis praetextu retorn 〈◊〉 . pasch . 48 e. 3. bristoll . praeceptum fuit vic. bristoll per breve hujus scaccarii , dat . 13 die febr. hoc anno 48. quod de bonis et catallis johannis ken , thomae panes junioris , nicholai panes & thomae de coventre de bristoll , johannis castleacre , johannis bath de bristoll . & willielmi iageroun ( 5 ) pleg●i praedicti johannis ken , et de terris et ten . quae sua fuerunt anno 27 regis nunc , et postea , in balliva sua fieri faceret 56s . quos debent philippae nuper reginae angliae defunct . de avro svo de ( 4 ) fine 40l . pro diversis transgressionibus , conspirationibus , ertorsionibus , dampnis er grabaminibus super ipsum praesentatis ; ita quod denar . illos haberet hic in crastino claus . paschae hoc termino regi solvend . sicut continetur inter brevia executa pro rege de hoc termino . et ad praedictum crastinum praedictus vic. videlicet johannes viell return . breve . et mandaverit , quod cepit in manum regis de terris & catallis thomae coventre , johannis castleacre , & jehannis bathe plegii praedicti johaennis kenn , ad valentiam 56s . praedictorum . et quia praesata regina mortua est , ( prout superius continetur ) et denar . praedict . ad regem et non ad alium de jure pertinent : ideo idem vic. videlicet johannes viell oneretur versus regem de 56s . praedictis praetextu returni sui praedicti . london . praeceptum fuit vicecom . london . per breve hujus scaccarii dat . 18 die novembris anno 47 regis nunc , sicut plur . quod de bonis & catallis antonii de la vale de ast , & de ( 5 ) terris et ten . quae sua fuerunt an. 37 regis nunc , seu postea , in quorumcunque manibus eadem terr . et ten . tunc extiterunt in balliba sua fieri facerent 20 l. quas praefatus antonius debuit philippae nuper reginae angliae defunctae , de avro svo de ( 4 ) fine 200l . pro diversis custumis regi debitis de diversis mercandisio per ipsum in angl. adductis , et abinde eductis subtractis et concelatis , unde coram domino rege & consilio suo fuit convictus , sicut continetur in memorand . de anno 37. regis nunc , inter fines de termino sanctae trinitatis , ( s ) qui quidem denar . ad regem occasione mortis praefatae nuper reginae sunt dev●●●ti ; ita quod denar . illos haberent hic in crastino sancti hillarii hoc termino regi solvend . sicut continetur ligula brevium de termino sancti michaelis hoc anno 48 in london . et ad praedictum crastinum praedict . vic. non return . breve , set praedictus antonius inventus hic in curia 27. die januarii hoc termino , quesitum est ab eo si quid dicere sciat , quare de praedictis 20l. regi satisfacere non debeat ? dicit , quod ipse non habet munimenta & memoranda sua ostendenda ad praesens pro exoneratione sua , inde petens diem citra quem informari poterit inde . ideo inhibitum est ei per barones ne recedat a curia quousque satisfecerit regi de praedictis 20.l . vel ostenderit siquid habeat pro exoneratione sua in hac parte : et nichilominus idem antonius praestitit corporale sacramentum , quod ipse non transibit per spacium unius leucae extra villam quousque satisfecerit regi de eisdem 20l. vel ostenderit sufficiens warrantum pro exoneratione sua inde . in magno rotulo scaccarii de anno quinquagesimo regis edwardi 3. in item eborum , in custod . clerici pipae reman . inter alia continetur , ut sequitur . anno 50 e 3. philippus darcy frater & haeres johannis darcy filii & haeredis johannis darcy , fil . & haer . johannis darcy le piere , reddit compotum de 42 marc . 6s . 8d . in quibus cognovit se velle onerari versus regem in exonerationem praedicti johannis darcy le piere de quodam debito de 100 marc . de avro reginae , viz. de quodam ( 4 ) fine mille marcarum , pro maritagio jacobi le botiller comitis d'ormond habendo , sicut continetur in memorand . de anno 49 regis hujus inter record . de termino hillar . in thesauro liberavit per dictum philippum . et quietus est . thomas preston vic. 6s . 8d . de quodam debito 20s . quos debuit philippae nuper reginae angliae de avro svo , de ( 5 ) fine 10l . pro maritag . feliciae filiae et unius haered . hug. de mussinden habend . sicut continetur de anno 44 regis hujus inter record . de termino paschae . thomas de preston vic. 40d . de bon . & cat . thom. de brauncestre & agnet . ux . ejus de avro reginae , de ( 4 ) fine 10l . pro maritag . feliciae filiae et unius haered . hugo de mussynden habendo , sicut continetur in memorand . de anno 45. inter record . de termino sancti mich. from these records during the reign of king edward the 3d. ( to which more might be added , had i leisure to peruse all the records in his reign extant in the treasuries of the exchequer at westminster ) i shall observe . 1. that the queen mother and queen consort in the reign of king edward the 3d. by their letters patents constituted their own clerks , attorneyes , and receivers in the court of exchequer , to demand , levy , recover , and receive their queen-gold , and other their debts , to their uses . 2ly . that queen-gold was due unto the queen consort by law and custom out of all oblations and fines to the king in any of the kings courts in the land of ireland , in the same , and in as ample manner as it was in england , yea leviable , recoverable by the self-same writs , processe in the exchequer as the kings own debts were , and to be levyed before the debts due to any other creditors . 3ly . that king edward the 3. ( as our other kings ) by his writs and mandates to his treasurers , barons , and other officers , took special care that his queen mother and queen consort might speedily and effectually recover their aurum reginae , from all sorts of oblations and fines in all their courts in england and ireland , out of which it ought to be paid : because the defrauding the queen of this duty and prerogative , was not only a dishonor , but a disinheriting to the king himself . 4ly . that in doubtfull cases concerning this duty , the barons of the eschequer principally grounded their judgements , resolutions and certificates to the king concerning it , upon the * words of gervasius tilberiensis , recorded in the red and black books of the exehequer , to which they had reourse as to an ancient statute , ordinance for that court ( as they stiled and reputed it ) which they were obliged to observe in such controversies . 5. that upon the queen mothers or queen consorts deaths , all the debts and arrears of queen-gold , due to either of them , by the law of the realm and kings prerogative accrued , devolved to the king then reigning , and to none else ; who recovered , demanded , levyed , received the same in his court of exchequer , and disposed thereof , as his own proper debts . 6ly . that queen-gold was then demanded , levyed out of the lands and tenements of the parties from whom it was due , which they had at the time of their making of the oblations and fines to the king , into whose hands soever they came by descent , or assignment : and out of their goods , chattels , and the lands , goods and chattels of their pledges or sureties , if the principal debtors had none out of which it might be levyed . 7ly . that sheriffs , bailiffs of liberties , and receivers of this duty , were obliged to levy , pay , and account to the queen in the exchequer , for what ever queen-gold they were charged to levy by writs directed to them within their respective bayliwicks , when they there accounted to the king for his debts levyed ; and were enjoyned by the barons not to depart out of the court , till they had accounted and agreed with the queen for the same : that they were attached , imprisoned , fined for their neglects , and contempts in not serving , returning the writs , or not levying , paying in the moneyes charged by them to the queen , or not accounting for the same , in manner as in cases of the king ; and not discharged till the queen was satisfied , or further day given them , by the queens attornies consent and acknowledgement in open court. 8ly . that queen-gold was then payd , recovered , received , as due by law and custom for all oblations or fines to the king for grants of the lands , bodyes , or mariages of wards ; for licenses of alienations of lands , rents , or appropriation of churches , advowsons in mortmain ; for licenses of alienation of lands in capite from one person to another ; for the temporalties of archbishopricks , bishopricks , monasteries , during their vacancies ; fines for ransoms , or pardons of all sorts of trespasses , offences against the peace , capital or criminal ; fines for reliess , for licenses to marry , for grants or confirmations of charters of franchises , liberties ; for fines for discharge of hoblars , and other souldiers ; and for pecuniary compositions or fines made by corporations for disms , quindisms , subsidies out of goods and chattels in specie , not specially exempted from it by those acts of parliament whereby they were granted to the king. 9ly . that no queen-gold is due out of publike aydes and subsidies voluntarily granted to the king in parliament when paid in specie , or compounded for by any particular person that ought to pay them , nor for the grant of the wardship , or marriage of wards , where the wards die soon after , and the grantees receive no benefit by reason of the wards sudden deaths . 10ly . that queen-gold shall not be doubly paid upon a double recognizance or security for one and the same fine given to the king by the same person and his pledges ; though there be some variance in the name . the reign of king richard the 2d . furnisheth us with these observable records concerning aurum reginae . an. 5 r. 2. memorand . quod praeceptum fuit vicecomitibus london , & midd. per breve hujus scaccarii dat . 12. die julii hoc anno quinto , quod de terris & catallis thomae saundford , adae yedding , thoma de la lodelowe de com. surr. & adae de hadham in balliva sua fieri faciat 704l . 6s . 8d . de remanen . 750 l. ( de avro reginae as the marginal note thereof resolves us ) quas iidem thomas , adam & thomas , & adam in curia domini edwardi nuper regis angliae avi regis hujus , coram baronibus de scaccario 9. die junii anno regni sui quinto , recognovit se & quemlibet eorundem in solidum debere philippae nuper reginae angliae defunct . & quas ei solvisse debuerunt ad terminos dudum praeteritos , prout domino regi constat per inspectionem rotulorum hujus scaccarii , & ei non solverint ; & qui quidem denar . ( 5 ) ad manum domini regis avi , occasione mortis praefatae nuper reginae fuerunt devoluti , et jam ad manum regis hujus per mortem diti regis avi devolvuntur . ita quod denarios illos haberent hic in crastino sancti michaelis hoc termino regi solvend . sicut continetur inter brevia execut . pro rege hoc termino et ad praedict . crastinum praedicti vicecom . retornaverunt breve , & mandarunt , quod ceperunt in manum domini regis de terris & catallis praedictor . thomae saunford , & adae yeddyng in balliva sua ad valenciam 10 s. de debito praedicto ; et quod praedicti thomas de lodelowe & adam de hadham nichil , &c. et quia praefata regina mortua est , prout superius continetur , et denarii praediti ad regem et non ad alium de jure pertinent ; ideo eidem vic. viz. walterus deget & willielmus kingeston onerentur de 10 s. versus regem de 10 s. praedict . praetextu returni sui praedict . memorand . quod praecept . suit vic. glouc. per breve hujus scaccarii dat . 8. die novemer . anno quarto regis nunc , sicut pluries , quod de bonis & catallis thomae moigne , & de terris & ren . quae sua fuerunt anno regni dom. e. ●nuper regis angliae avi regis hujus 38 , seu postea , in ( 5 ) quorumcunque manibus eadem terrae & tenementa tunc existerent in balliva sua fieri faceret 74 s. 4 d. ob . de remanentia 4 l. 14s . 10 d. ob . qua● dictus thomas debet philippae nuper reginae angl. defunctae de avro svo de ( 4 ) fine 47 l. 8 s. 3 d. pro maritagio haeredum adae de bromhull , roberti robelkyn , & willielmi malefant infra aetatem , & in misericordia domini regis avi existentium havend . qui quidem denar . ad manum dicti dom. regis per mortem praefatae nuper reginae fuerunt devoluti , & jam ad ( 5 ) manum regis nunc per mortem dicti regis avi devolvuntur . ita quod denarios illos hic haberet in crastino sancti michaelis hoc termino regi solvendos , sicut continetur inter brevia execut . pro rege de hoc tempore . et ad praedict . crastinum praedict . vic. returnavit breve . et mandavit , quod cepit in manum regis de bonis & catallis praedicti thomae moigne ad valenciam 74 s. 10 s. ob . praedictorum . et quia praesata nuper regina mortua est , prout superius continetur , et denarti praed icti ( 5 ) ad regem et non ad alium pertinent ; ideo idem vic. viz. thomas de brudenell oneretur versus regem de 74 s. 10 d. ob . praedictis praetextu retorn . sui praedicti . in the parliament roll of 7 r. 2. i finde a petition of the commons against the payment of queen-gold for oblations or fines to him for the grants of the lands , bodies and marriages of his wards , and all processe out of the exchequer to levy it in such cases , with the kings royal negative answer to it , thus recorded . 7 r. 2. item , prient les communes , que come autre foitz il estoit ordenez en parlement , ( which i conceive a clear mistake , since i never yet read or met with any such ordinance ) que nule some que l'appell quenegold , serroit leve de ( 4 ) qel un ad garde ou mariage du grant nostre seigneur le roi ; que pleise a nostre dit seigneur le roi commander sis officers de lescheqier , qe nul brief me nul autre precept ne isse hors de le dit escheqier pur le leber encountre lordenance suisdite . resp . scit usez desbre ebaunt come eut ad esse usez , sibien en temps de dame ph●lipp nadgairs roigne dengleterre , come en temps dautres reignes dengleterre dancientie . a clear evidence of the legality , antiquity of this duty , and untruth of the commons suggestion of a former ordinance against it . 9 r. 2. de johanne warr. clerico 5 marcas , quas debet annae reginae angliae consorti regis richarai 2. pro avro svo de ( 4 ) fine 50. mercarum , pro concessione eidem johanni advocationis ecclesiae de m. in com. r. habenda ad manum mortuam . memorandum , quod quarto die octobris hoc termino , inhibitum est per barones hujus scaccarii andreae cavendishe vic. com. norff. & suff. praesenti in curia eodem die , ne recederet ab eadem curia quousque satisfecerit annae reginae angliae de le recept . de hominibus villae de bury de avro ipsius reginae , per breve return , in octobis sancti michaelis anno nono regis nunc : et eriam de 15 s. 7 d. per ipsum vic. similiter recept . de consimili avrd de bonis et catallis johannis taverner per brebe return . ad octab. praedictas ; necnon de 40 s. per ipsum nuper vic. similiter recept . de consimili avrd de bonis et catallis thomae malther , per brebe return . ad octabas praedictas . praedictus vic. à curia praedicta recessit licentia super hoc non optenta , neque praefatae reginae de denariis praedictis in aliquo satisfact , in contemptum regis , &c. ideo praeceptum suit coron . com. norff. & suff. quod attach , praedictum andr. vic. per corpus suum , &c. ita , &c. in octabis sancti hillar . ad audiend . judicium suum de contemptu praedicto , et ad satisfaciend . praefatae reginae de denariis praedictis . memorandum , quod praedicto primo die maii inhibitum fuit per barones praedictos roberto constable v●c . eborum praesenti in curia eodem d●e in propria persona sua , ne recederet ab eadem curia quousque satisfecerit praefatae reginae de 40 s. quos ipse levavit de comite northumbr . de avro ipsius reginae , sicut continetur in quodam brevi return . hic in crastino clausi paschae hoc termino , sub periculo quod , &c. postea idem vic. recessit à curia praedicta licentia super hoc non openta , neque praefatae reginae de denar . praedictis in aliquo satisfacto , in contemptum , &c. ideo praeceptum fuit coron . com. ebor. quod attach . praedict . vic. ita &c. in octab. sancti michaelis , ad audiend . judicium suum in praemissis , et ad satisfaciend . praefatae reginae de denar . praedictis . memorandum , quod praedicto primo die maii inhibitum suit per barones praedicto radulpho bygot vic. norff. & suff. praesenti in curia eodem die in propria persona , ne recederet ab eadem curia , quousque satisfecerit annae reginae angliae de 10 l. per ipsum levat . de priore & conventu de walfingham de avro ipsius reginae ; et de 20 s. per ipsum similiter levat . de priore & conventu de werbrigge de constmili avro per duo brevia hic return . videlicet termino sancti hillarii ultimo praeterito . et de 2. marc . per ipsum levat . de conventu de bury de consimili avro per breve return . in crastino clausi paschae hoc termino , sub periculo quod , &c. postea idem vic. recessit à curia praedicta licentia super hoc non optenta , neque praefatae reginae de denar . praedictis in aliquo satisfacto in contemptu regis , &c. ideo praeceptum fuit coron . com. norff. & suff. quod ipsum vic. attach . &c. ita , &c. in octabis sancti michaelis , ad audiendum judicium suum in praemissis , et ad satisfaciend . eidem reginae de denar . praedictis . memorandum , quod praedicto primo die maii inhibitum fuit roberto veer vic. rotel . praesenti in curia eodem die per atturn . suum , ne recederet ab eadem curia quousque satisfecerit annae reginae angliae de 10. marc . per ipsum recept . de bonis & catallis johannis basinges de avro ipsius reginae per breve return . in crastino clausi paschae hoc termino sub periculo quod , &c. postea praedictus vic. recessit à curia praedicta licentia super hoc non optenta , neque praefatae reginae de 10 marc . praedictis in aliquo satisfacto in contemptum regis , &c. ideo praeceptum fuit corom . com. rotel . quod attach . praedictum vic. &c. ita , &c. in octabis sancti michaelis , ad audiend . judicium suum de contemptu praedicto , et ad satisfaciend . praefatae decem marc . praedictas . memorandum , quod praedicto primo die maii inhibitum fuit per barones praedictos arnaldo savage vic. kanc. praesenti in curia eodem die in propria persona , ne recedat ab eadem curia quousque satisfecerit annae reginae angliae de 40 s. quos ipse levavit de bonis & catallis willielmi barry & thomae brokhull de avro ipsius reginae per breve return . in crastino clausi paschae hoc termino , sub periculo quod , &c. postea praedictus vic. recessit à curia praedicta , licentia super hoc non optenta , neque praefatae reginae de denariis praedictis in aliquo satisfacto , in contemptum regis , &c. ideo praeceptum fuit coron . com. kanc. quod attach . praedictum vic. per corpus suum , &c. ita , &c. in octabis sancti michaelis , ad audiend , judicium suum in praemissis , et ad satisfaciend . praefatae reginae de 40 s. praedictis . memorandum , quod primo die maii hoc termino , inhibitum fuit per barones praedictos galfrido brokhull vic. com. essex , & hertford praesenti in curia eodem die , ne recederet ab eadem curia quousque satisfecerit anna reginae angliae de 116 s. 6 d. ob . per ipsum levat . de bonis & catallis abbatis & conventus de coggeshale & de 100 s. per ipsum levat . de bonis & catallis abbatis & conventus de coggeshale , & de 100 s. per ipsum levat . de bonis & catallis johannis perterwell de avro ipsius reginae per duo brevia return . hic ad mensem paschae hoc termino sub periculo quod , &c. postea praedictus vic. recessit à curia praedicta . licentia super hoc non optenta , neque praefatae reginae de denar . praedictis in aliquo satisfacto , in contemptum regis , &c. ideo praeceptum fuit coron . com. praedictorum , quod attach . praedictum vic. per corpus suum , &c. ita , &c. in octabis sancti michaelis ad audiend . judicium suum de contemptu praedicto , et ad satisfaciend . praefatae reginae de denariis praedictis . memorandum , quod primo die maii hoc termino , inhibitum fuit per barones hujus scaccarii richardo mawardon vic. com. hereford . praesenti in curia , ne recederet ab eadem curia quousque satisfecerit annae reginae angliae de 4. l. per ipsum levat . de bonis & catallis elizabeth . uxoris jacobi de botiller de avro ipsius reginae per breve return . hic hoc termino paschae , sub periculo quod , &c. postea praedictus vic. recessit à curia praedicta licentia super hoc non optenta , neque praefatae reginae de denariis praedictis in aliquo satisfacto , in contemptum regis , &c. ideo praeceptum fuit coron . com. praedict . quod attach . praedictum vic. per corpus suum , &c. ita , &c. in octabis sancti michaelis , ad audiend . judicium suum de contemptu praedicto , et ad satisfaciend . praefatae reginae de denariis praedictis . 10 r. 2. de hugone sprott 13 l. 6 s. 8 d. quas debet annae reginae angliae consorti regis richardi secundi , pro avro svo de ( 5 ) fine 20 marcarum pro ratificatione arrhidiaconatus midensis in hybernia , unde recognitio facta in scaccario regis . memorand . quod vicesimo primo die april . hoc termino inhibitum fuit thomae darfyntyn vic. com. oxon. & berks , praesenti in curia eadem die , ne recederet ab eadem curia quousque satisfecerit annae reginae angliae de 10 l. quas praedictus vic. levavit & recepit de avro ipsius reginae de bonis & catallis prioris & conventus de dustesham per quoddam breve regis per ipsum vic. hoc anno returnat . sub periculo quod , &c. ut supra . memorand . quod vicesimo quarto die april . inhibitum fuit thomae jardyn vic. surry & sussex , praesenti , &c. ne recedat ab eadem curia quousque satisfecerit annae reginae angliae de quatuor marcis , quas ipse vic. levavit & recepit , de avro ipsius reginae , de bonis & catallis comitis arundel , per quoddam breve per ipsum vic. hoc termino retornat . et de 40 s. quas praedict . vic. levavit & recepit de bonis & catallis praedicti comitis per aliud breve regi return . similiter hoc termino de consimili auro ; sub periculo quod , &c. an. 18 r. 2. memorandum , quod praeceptum fuit vic. devon. per breve hujus scaccarii , dat . 20 die febr. ult . praeterit . sicut plur . quod non omitteret propter aliquam libertatem , &c. quin &c. et de bonis et catallis walteri de asthorp chivaler , & de terris & ten . quae fuerunt sua die martis prox . post festum decollationis sancti johannis baptistae anno regni domini nostri nunc 14. seu postea in quorumcunque manibus , &c. in balliva sua fieri faceret 100 l. quas debuit annae nuper reginae angliae consorti regis carissimae defund . de auro suo de quodam ( 4 ) fine 1000 l. ab eodem willielmo exact . pro ingenti rebellione et contempt . sicut continetur in magno rotulo de anno 14. regis nunc in devon. & in rotulo de finibus factis apud exon. coram petro de courtnay , jacobo shudderlegh , jo. hill , jo. woodhouse , & w. haukeford justic . domini regis ad pacem in com. devon. conservand . assign . die martis supradict . ita quod denar . illos haberet hic ad scac. in crastino clausi pasc . hoc termino thomae moore clerico , quem ( 5 ) dominus rex nunc , per literas suas patentes constituit et assignavit , ad omnimoda summa denar . praefat . nuper reginae tempore mortis suae debit . solbend . et ad praedictum crastinum claus . paschae vic. non return . brev . sed praefat . w. de asthorp venit hic in propria persona , & queritur se graviter district . esse per vic. devon. pro praedict . 100 l. praefat . th. moore solvend . & hoc minus justè , quia dicit , quod praeceptum fuit eidem willielmo per praefat . justic . ad sessionem suam apud exon. supradict . die martis tent . quod mitteret manum suam super librum & juraret , quod inquireret cum al. jur . de diversis articulis eisdem jur. per praedictos justic . tunc imponend . & idem w. de asthorp adtune dixit , quod ipse habuit cartam domini regis , quod non poneretur in aliquibus assisis jur. attinct . & praefat . justic . praeceperunt praefat . w. de asthorp quod produceret cartam illam , qui dixit , quod tunc * — ad deferend . cartam suam praedictam . et super hoc praeceptum fuit eidem willielmo per praefat . justic . sicut aliàs , quod mitteret manum suam super librum & juraret sub poena 4000 l. & sicut pluries sub poena 1000 l. et quia praedictus walterus renunciavit mittere manum suam super librum & jurare , prout injunct . fuit ei per praefat . justic . idem willielmus pro ingenti rebellione & contemptu , tunc amerciatus fuit ad mille libras , in quo casu dicta nuper regina nullum avkvm habere debuit . et sic supradict . 100 l. nec aliqua parcella earundem nunquam debit . fuerunt eidem nuper reginae in vita sua , per quod non intendit quod ipse 100 l. praedict . nec aliquam parcellam inde regi respondere debet . et petit judicium , &c. et visis praemissis per barones hic , habitaque deliberatione inde per eosdem , quod praedictus willielmus de asthorp summonitus fuit per praefatos justiciarios ad diem & locum praedict . & supradict . 1000 l. pro ingenti rebellione et contemptu praedict . sicut superius in dicto recordo continetur , et non de sponte oblatis ; consideratum est de assensu thesaurarii angliae , quod praedict . w. de asthorp de 100 l. praedictis eroneretur , et quietus eristat , praetextu praemissorum . salbo semper actione regis , st alias inde loqui voluerit . 20 r. 2. rex , &c. fieri facias de bonis & catallis johannis crumhall 13 s. 4 d. quos debuit philippae nuper reginae angliae de auro suo , de quodam ( 5 ) fine 10 marcarum , quem ipse secit pro duabus falsitatibus de quibus convictus fuit in scaccario edwardi nuper regis angliae ( 5 ) abi nostri charissimi , anno regni dicti avi nostri 12. qui quidem denarii ad manus dicti avi nostri per mortem dictae nuper reginae fuerunt devoluti ; & jam per mortem dicti avi ad nos devolvuntur . et denarios illos habeas apud , &c. from these records of king richard the 2. i shall observe ; 1. that the arrears of queen-gold due to king edward the 3d by the decease of queen philip , devolved by his death to his successor and grandchild king richard the 2. by vertue of his prerogative , and to none other . 2ly . that it was due for fines for the custody of the lands , bodies and marriages of the kings wards , ( of which duty , right , the king would not suffer his queen to be deprived at the petition of the commons in parliament ) for fines for alienations of advowsons , and lands in mortmain , confirmations of lands and archdeaconries in ireland : fines for deceipts or frauds ; but not for fines certain imposed by judgement of the court upon offenders , against the parties will or consent . 3ly . that all lands and tenements which the parties had at the time when this debt to the queen first accrued , by reason of their fine to the king , were liable to be extended for it , in whose hands soever they came . 4ly . that sheriffs were to levy and account for it to the king and queen in the same manner as they did for the kings other debts ; and were ordered not to depart the court till they had accounted for , or paid in all the moneyes they had levyed for this duty by the kings writs ; and were attached and fined for their contempts in departing from the court , before they accounted for , or paid what they had levyed for this duty to the queen . the principal records concerning queen-gold during the reign of our next king henry the 4. i have yet discovered , are these ensuing . simon ocle prior prioratus de barnstaple venit coram baronibus hu jus scaccarii modo in crastino clausi paschae hoc termino , & queritur se grahiter diffrictum esse per vicecomitem devon. pro sexdecim marcis de eo & conventu suo ad opus dominae johannae reginae angliae exactis de avro svo , de quodam ( 4 ) fine centum et ser librarum , tresdecim solidorum , et quatuor denariorum , quem praefata regina asserit se & conventum suum fecisse cum domino rege ( 4 ) pro licencia concedendi eisdem prioiri et conventui , quod ipsi et successores sui sint quieti et exonerati imperpetuum de fine , firma , subsidio , et apporto , et omnibus aliis oneribus , impositionibus , et demandis quae de ipsis tanquam alienig . possint demandari , in augmintationem divini servicii pro dicto domino regi et progenitoribus , haeredibus et successo●ibus suis inibi faciend . et praefatus prior dicit , quod ipse pro auro reginae in hoc casu minus juste distringitur , quia dicit , quod aurum reginae per legem ierrae levari non debet , nisi solummodo de finibus et rebus domino regi sponte oblatis . sed dicit , quod pra dicta summa centum et ser lib●arum , tresdecim solidorum , et quatuor denariorum praedictorum in casu praedicto non est finis sponte oblatus domino regi , in quo casu per legem terrae , dicta domina regina aurum suum erigere non debet , ac . vnde petit judicium , et quod districtio praedicta versus eum cesset , ●c . what the issue of this plea was , i cannot yet discover , but in all probability it was over-ruled against him for the queen , being such a priviledge , liberty and exemption for which others usually payd queen-gold without any such plea or dispute , which would totally elude this duty . inter communia de termino paschae anno 13 h. 4. post conquest . rot. 3. ex parte remem . regis , there is this memorable record concerning queen-gold . dominus rex mandavit hic breve suum de magno sigillo suo quod est inter communia de hoc termino rot. 3. in haec verba . henricus dei gratiâ rex angliae & franciae , & dominus hiberniae , thes . & baronibus de scaccario salutem . cum ad reginas angliae pro tempore existentes , de ( 1 ) quolibet fine decem marcas attingen . temporibus progenitorum nostrorum quondam regum angliae facto , unam marcam . de viginti marcis duas marcas , de centum marcis decem marcas , et de majori majus , et de minori minus , et de quolibet fine decem marcas bel amplius attingen . percipiend . de illo qui buiusmodi finem facit ultra finem illum nobis solut . vel solvend . vocat . aurum reginae , habere pertineat , prout tam per * rubrum librum scaccarii praedicti , quam compota thes . et generalium receptorum reginarum praedictarum in scaccario praedicto residen . plenius apparet de recordo , prout sumus informati ; ac carissima consors nostra regina id quod ad eam pertinet de certis finibus in camera nostra factis , nisi fines illi coram vobis in scaccarium praedict . mittantur de recordo consequi non potest , ut est dictum : nos nolentes eidem consorti nostrae iusticiam differri in hac parte , quandam cedul . de diversis pecuniarum summis de dictis ( 4 ) finibus in camera nostra , ut praedictum est factis , in quodam brevi nostro de privato sigillo in cancellar . nostram per nos missam , cujus quidam cedulae tenor . una cum dicto brevi in dicta cancellaria nostra remanet de recordo vobis mittimus sub pede sigilli nostri ; mandantes quod inspectis libro , compotis & cedula praedictis ulterius ad prosecutionem praefatae consortis nostrae , pro ●albacione juris sui in hac parte fieri fac . prout de jure , et secundum legem et consuetudinem regni nostri angliae fuerit ●aciend . teste meipso apud westm . 27 die aprilis , anno regni nostri 13. per breve de privato sigillo . et tenor . cedul . de quo fit mentio superius in brevi sequitur in haec verba . memorand . de finibus fact . in camera domini h. regis angliae & franciae quarti . annis regni sui quinto , sexto , septimo , octavo , nono , decimo , & terc●odecimo . de thoma comite marescall . per manum willielmi ilsthawe apud pountfret 19 die junii anno quinto , &c. in partem soluc . majoris summae de quodam ( 4 ) fine fact . pro terris suis habend . 400 marc . item de eodem thoma comite apud wyndesore , 8. die febr. eodem anno quinto , pro eodem fine , 500 marc . de comite arundell per manum johannis darcy attornati sui apud kenyngton 18 die decembris anno quinto , &c. de quodam ( 4 ) fine fact . pro maritag . suo , in partem soluc . major . summae , ac 8. die febr. tunc prox . sequen . 270 marc . item de eodem comite per manum praedict . johannis darcy apad kenyngton 3. die julii eodem anno quinto &c. 500 marc . item de eodem comite per manum ej●sdem johannis darcy apud hospicium episcopi de duresme 4 die julii , anno 7. &c. 200 marc . item de eodem comite apud turrim london . 17 die marcii , anno 8. &c. ut supra , 200 marc . item de eodem comite apud westm. 9 die junii anno 8. &c. ( 4 ) pro terris suis habend . 200l . de domino johanne cornewayll mil. apud turrim london 14 die novemb. & tercio die septembr . anno quinto , & de quodam ( 4 ) fine facto pro martyll . camerar . franc. eristen . prisonar . 200 marc . de johanne norbury armigero apud turrim london . primo die decembr . anno quinto , de quodam ( 4 ) facto , &c. pro diversis franc. existen . in custod . regis , 400 marc . de rectore de noriell per manum johannis herteshorne attorn . sui apud eltham 24 die decemb. anno 5. de quodam ( 4 ) fine facto , pro licenc . habend . ad appropriand . divers . terr . et ten . ad cantuariam ecclesiae de notteley , 100 l. de episcopo karliol . apud bristoll 20 die octobr. anno 5. de ( 4 ) quodam fine facto de eo , quod ipse forisfec . erga regem , ●c . 200 marc . de majore & civibus communitaus norwici apud wyndesore 8. die febr. anno quinto , &c. per manum johannis aldeford , et johannis clerc de quodam ( 4 ) fine fact . pro quadam cart. habend . eisdem civibus , 100 marc . de comitissa staff. apud turrim london 10 die febr. anno sexto , &c. de ( 4 ) quodam fine facto pro maritagio suo , &c. 500 marc . de willielmo bourchier mil. apud w●stm . 28 die januarii anno 8. de ( 4 ) quodam fine facto pro maritag . suo habend . de comitissa staff. 200 marc . de quodam homine per manum roberti bapthorpe apud ripon 12 die junii anno 6 , de quodam ( 4 ) fine per ipsum facto , &c. pro gratia sua habend . super sorisfactur . suam erga regem , 40 marc . de willielmo frost custod . civit. eborum apud worcestre 26 die augusti anno 6. in partem soluc . de ( 4 ) quodam fine facto cum eis super forisfactur . dictae civit. 100 marc . item , de eodem willielmo apud killingworth secundo die novembr . anno septimo , &c. ut supra . 500 marc . item , de eodem willielmo apud turrim london 22 die decembr . anno septmo , &c. 200 marc . item , de eodem willielmo apud westm . 13 die marcii , anno septimo , &c. ut supra . 300 marc . item , de eodem willielmo apud hospicium episcopi dunelm . secundo die junii , anno septimo , ut supra . 150 marc . de domino johanne stanley mil. apud killingworth 30 die novembr . anno 7. &c. 400 marc . & apud turrim london . 16 die ejusdem mensis , 200 marc . de ( 4 ) quodam fine facto pro insula de man , 600 marc . item , de eodem johanne apud hertford 25 die febru . anno 17. &c. ut supra , 150 marc . item , de eodem johanne apud westm . 27 die jaauarii , anno septimo , &c. ut supra , 15 marc . de jacobo clifford & ancellino guyse per manum walteri beuchampe attornati apud westm . tercio die decembr . anno 7. de ( 4 ) quodam fine facto , pro to quod ipse non obserbar . pacem quam in scripto suo obligator . domino regi et iustic . pacis obliger . 100 l. de priore de burn. infra com. lincoln . per manum comit. kanc. apud hospitium episcopi dunelm . 22 die maii , de ( 4 ) quodam fine facto super quadam appropriac . facta cujusdam ecclesiae divers . terr . et ten . ad manum mortuam ponend . &c. 40 l. de burgens . sarum apud hospitium episcop dunelm . primo die junii anno 7. de quodam ( 4 ) fine facto pro licencia habend . ad * inquirend . in communi cert . terr . et ten . infra dictum com. 100 marc . de richardo whitingdon & aliis mercator . lan . london . apud eltham tercio die febr. anno 8. de quodam ( 4 ) fine facto cum domino rege pro vendic . l●n , praedict . 300 marc . de thoma faukener de london apud parcum de wyndesore 24 die maii anno nono , de ( 4 ) quadam fozisractura cujusdam fact . de diversis mercandisis johannis bakkesterre in com. norff. forisfact . in port. de jernemuth , 100 l. de thoma bewyk canonico abbatis de gysbourne abbate & conventu de hexham apud westm. secundo die augusti anno 9. de ( 4 ) quodam fine facto cum domino rege pro concelamento diversorum bonorum episcopi de bangor . qui forisfec . erga dominum regem , 100 marc . de villa de feversham apud london 28 die augusti anno 9. de ( 4 ) quodam fine facto de franchesiis ejusdem villae , 40 l. de mercator . de lez galeys apud hospicium hugonis watlou 7. die sept. anno 9. de ( 4 ) quodam fine facto pro conc . diversor . mercandisor . per ipsos subtract . et non custumat . 500 marc . de isabell . existen . in com. northumbr . per manum roberti walton apud hospitium hugonis walton 15 die novembr . anno 10. quae ( 4 ) forisfact . erga dominum regem , &c. 158 l. de hugone stafford mil. apud eltham 8. die april anno 10. de ( 4 ) quodam fine facto pro fil . domini de bonciers maritand . in partem soluc . majoris summae , 100 marc . de rebellibus in com. lincoln . per manum domini de roos apud hospic . episcopi de ely 23 die julii anno 10. pro ( 4 ) quodam fine facto pro eorum forisfactura erga dominum regem , 80 l. de comite westmerl . 28 die novembr . anno 14. de ( 4 ) fine facto pro maritag . com. marescall . 1000 marc . de edwardo duce eborum apud westm . secundo die ejusdem mensis eodem anno , de ( 4 ) fine facto pro licenc . habend . ad appropriand . priorat . alieng ad collegium de fodryngey , 400 marc . de priore de kyngeswode in com. glouc. per manum dom. de berkeley apud westm . 18 die decembr . anno 13. de ( 4 ) quodam fine facto de non essend . collector . tempore futur . de decimis per clerum domino regi concedend . 40 l. memorand . quod tenor cedulae praedict . consuitur dicto brevi & liberatur roberto playce , pro executione inde ad opus reginae faciend . memorand . quod idem breve irrotulatur inter brevia directa baron . de termino paschae , anno 13 regis henrici quarti , rot. 13. in dors . ibid. trin. rot. 15. de f. r. allocat . de quadam summa auri , quod w. f. satisfecit , &c. from these records of king henry the 4th , i shall observe ; 1. that queen-gold was an ancient duty belonging to our queen consorts by the lawes and custom of england , for the due levying whereof king henry was very zealous , out of his affection to his queen . 2. that it was due out of every fine amounting to the summe of 10. marks or more made to the king , at and from the time that the fine was made and recorded , and that the proportion of it was one mark for every ten marks , and ten pound for every hundred pound fine or oblation . 3ly . that it was charged , ascertained and levyed as a debt upon record by the extracts of the fines in the chancery , or before the justices in eyre , and other courts of the king certified into the court of exchequer . 4ly . that the red book , records , and accounts in the exchequer , were the best and surest directions to shew for what oblations and fines it was due , and how to be levyed . 5ly . that it was then due and levyed for fines for licenses of alienation of lands , tenements , and appropriations of churches in mortmain ; for wardships granted , for mariages of wards during their minority , & of the kings widows ; for charters , liberties and exemptions to monasteries , cities and corporations ; for fines for breaches of the peace , concealments of goods forfeited to the king , from merchants for transporting wools , stealing customs , and other misdemeanors ; fines for writs and inquisitions : for exemptions from fee-farms , subsidies , aydes , impositions , levying and collecting disms when granted by the clergy or laity ; for redemption , restitution of lands or goods forfeited to the king ; for pardons of any offences , for ransoms of prisoners taken in the wars , and for a fine for a charter of the isle of man. in the reign of king henry the 5. i finde this patent of queen jone constituting geoffrey paynell to be her treasurer and receiver general , of all her seigneuries , rents , monies , profits issues , emoluments whatsoever both in england , wales , or elsewhere , wherein queen-gold was included , though not particularly expressed , as in the patents of some other precedent and succeeding queens . iohanne par la grace de dieu royne dengleterre , & de fraunce , & dame dirlaunde , a tous ceux qui cestes nouz lettres verront ou orront , salut . sachez nouz ( 5 ) aboir fait ordene et constitut nostre chier et bon ame escuper geffray paynell nostre tresorer et resceyvour generale be touz noz deniers provenaunts sibien de touz noz seigneuries , terres , tenemens , rentz , feefarms , customes , apportz , pensiouns , annuities , profres issuez & emolumentz qe conques en angleterre , gales , et parailleurs , come de tous autres proffitz a nous en aultre manere queconque duez , assignez , et on apres a estre assignez . renduit a nous due accompt de tout ce qil resceyvera en son dite office chescun an preignaunt & rescevaunt annuelment pur le dit office , tieux fees , gages & regardez , sicome sire johan tabbay nadgairs nostre tresorer et resceyvour general , qui dieu perdount , pur mesme l'office affaire prist & resceut , & qe y son accompt a luy sont allouez . mandaniz & chargeantz a touz nos fermers , bailiffs , officers , ministres , tenantz et subgiz quiconqes , & prions , a tous altres as queux affrert qe a nostre dit iresorer et resceivour general enfaisant le dit office ils soient apparantz , entendantz , respoignantz , aidantz , conseillantz & obeiantz en due manere . avantz forme & estable tout ce qe nostre dit tresourer et resceibour general pour nous in nostre noune , & pour nostre proffi● face ou serra en apres en l'office avantdit . et evoultre sachez nouz pour certaines causes nous moignauntz avoir ordene & constitut le susdit geffray nostre garderober ; a avoire et occupyer mesme l'office , si entirement et en meisme la manere , come nostre treschier & bon ame escuyer nichola alderwyche lavoit a occupia , rendaunt a nos due accompt annuelment de touz les deniers pur luy employez & despenduz en l'office avauntdit , preignant par an , pour meisme l'office tiel regarde come per nous de l'advys de nostre conseil lui serra ordeine . en tesmoignance de quelle chose nous avoms faite faire cestez noz letres patentz adurer a nostre pleiser & volente . don dessoubz nostre grand seal a nostre manoir de langley le 28 jour de septemb. l'an du regne de mon treshonour seigneur & filz le roy henr. le quint puis le conquest tierce . mr. hackewill in his treatise of queen-gold hath made a brief reference to 5 h. 5. rot. 29. ex parte rem . regis in scac. to prove that the arrears of queen-gold due to the queen accrue to the present or succeeding king by her decease , but i can yet find no such record in that year upon search of the rolls there of . in the reign of king henry the 6. i only yet find these writs of the king , and letters patents of his queen consort margaret , constituting john croke and william essex clerks of her writs , and attornyes in the exchequer , to exact and demand her queen-gold and other duties , and to prosecute and defend her suits , actions there , and what else belonged to their offices . henri par la grace de dieu roy , &c. as barons de nostre eschequier saluz . come nostre tresentierement bien ame ( 5 ) la royne nostre compaigne ait ordenne et constitute no ; bien amez johan croke et william essex clercs de ses briefs en nostre eschequier a westm . et ses attournees illoeques pour demander et exiger l'ok appelle l'ok de la royne , et autres choses faire & exercer continnez es lettres de nostre dicte compaigne sur se factes soubz son signet , dont le tenour censuist . marguerete par la grace de dyeu royne dengleterre et de france , & dame dirlande , a tous ceulx qui ycestes noz lettres verront on orront salutz . sachiez nous avoir ordenne & constitute , noz chiers serviteurs johan croke & william essex noz clercs de nor briefs en l'eschequier nostre tresredoubte & souveraign seignior le roy à westm . et noz attornes illeoqes , ●●bien pour demander et exiger nostre ok appelle le ok de la royne come a poursuir et defendre en tous plees et querelx pour nous et encontre nous moebes on desire moeves en meisme l'eschequer , et auxi a faire tout ce que alesdit offices raisonnablement appertient . a avoir et occupier les avant ditz offices jointement & severallement tant come ils eulx porteront en lesdit offices , avec tous les fees , proffits & commoditees a mesmes les offices , et a chescun deulx en aucune maniere appartenent & regardantz , auxi plenement et entierment come aucune autre ou autres en mesmes l'offices jointenant ou severallement devant ces heures ont avez & restuz . en tesmoignance de quelle chose nous abous fait faire ces noz lettres patentz . donne soubz nostre signet a westminstre , le premier jour de juyng , l'an due reigne avandit tresredoubte & souveraign seigneur le roy henri sisme , puis le conquest vingt & tierz . volonz pour tant & vous mandoms que vous admittes les ditz johan & william jointement & severallement attournes pour mesme nostre compaigne en nostre dit eschequier , & clercs de ses briefs illoeques , en eulx souffrant illoeques jointement & severallement de faire exercer & besoigner pour mesme nostre dicte compaigne toutes choses especifies esdictes lettres , selonc l'effect & pourport dicelle . donne soubz nostre prive seel a westminstre le 18 jour de novembr . l'an de nostre regne vint & quatriesme . rex thes . & baronibus suis de scaccario , salutem . mandamus vobis , quod omnia negotia margaretam reginam angliae consortem nostram tharissimam , ratione terrarum , tenementorum , feodorum & libertatum ei per nos in●dotem sen dotalicium , ac aliar . ad termin . vitae suae habend . concessarum ; ac etiam ratione ( 5 ) avri et aliarum rerum suarum in dicto scaccario nostro tangenc . belud propria negotia nostra coram vobis in eodem scaccario nostro audiri , deduci & expediri : necnon ballivos & ministros ejusdem consortis nostrae terrarum , ten . feod . & libertatum praedictarum . sicut ministros nostros proprios in hiis quae ad officia sua pertinent : ac etiam ( 5 ) debitores avri praedicti , et aliorum denariorum eidem reginae debitorum ibidem sicut debitores nostros proprios deduci et pertractari faciatis . teste meipso apud westm. 13 die maii anno regni nostri vicesimo quarto . what other records there are concerning this duty in this kings reign extant in the treasuries of the pipe , kings remembrancer , and pleas of the exchequer , i have not yet had leisure to examine . only i finde in a manuscript collection of queen-gold which belonged to mr. herbert the queen-mothers attorney , recognitio thomae dokes thesaurarii & generalis receptoris katherinae reginae angliae . item de 133 l. 6 s. 8 d. eidem reginae solutis de avro de rogero botiller & aliorum . report . h. an. 5 h. 6. devon. in offic. cler. placitorum in scaccario . from these records of king henry the 5 , and 6. i shall only observe , that their queen consorts constituted their clerks , and attorneyes in the court of exchequer by their letters patents , to receive , demand , recover their duty of queen-gold , ratified by the kings writs to their treasurers and barons of that court ; and that they challenged and received this duty during their reigns , else these writs , patents had been nugatory . in the reign of king edward the 4th . i have not yet found in those records i have perused in the office of pleas , pipe , and kings remembrancer any thing concerning this duty . what others mention in their collections ( which i cannot yet find upon search ) i shall here inform you upon their account . mr. william hakewill in his treatise of queen-gold ; under this head , that the queen ought to have her general officer for the viewing and recovering of this duty , and touching the nature of that office , informs us ; that in the rolls of the 8th year of king edward the 4th . are found inrolled ( in the office of the kings remembrancer ) the letters patents of elizabeth queen to king edward the 4th , whereby the same queen did constitute nicholas lathell ( then clerk of the pipe of the same court ) her receiver of the rents of her fee-farms , as also of her revenue called aurum reginae , with authority to sue for , recover , and release the same in such special manner as in the said letters patents ( which here follow ) is at large specified . an. 8 e 4. elizabetha dei gratia angliae & franciae regina , domina hiberniae salutem . sciatis , quod nos de fidelitate & circumspectione dilecti nobis nicholai lathel plenius confidentes , ( 5 ) ordinavimus et constituimus ipsum nicholaum receptorem nostrum , tam omnium & singulorum denariorum nostrorum pro omnibus feodis firmis infra regnum angliae nobis praetextu literarum patentium metuendissimi domini mei regis paten , concessis , quovismodo pertinentium , & ad praesens nobis debitorum imposterumque ea occasione debendorum , quam omnium aliarum denariorum summarum quarumcunque aurum reginae bulgariter nuncupat . ad scaccarium dicti domini mei per praefatum nicholaum receptarum , et per eum ad terminos ibidem usuales annuatim recipiendarum . dante 's , et per praesentes concedentes eidem nicholao authoritatem et potestatem sufficientent , ad quascunque personas quarum interest , pro illis denariorum summis , & qualibet inde parcella , juxta juris exigentiam recuperandis , in quibuscunque curiis dicti domini mei implacitandas & prosequendas , & ad quoscunque nostros in hac parte debitores vigore literarum acquietanciae inter eundem nicholaum & hujusmodi debitores nostros indentarum debita conficiendi de omnibus illis denariorum summis sic per praefatum nicholaum nomine nostro recipiendis & exonerandis ; ac percipiend . annuatim pro praemissis ritè exercendis feoda , vadia & regarda in aliis literis nostris specificata . quocirca mandamus omnibus & singulis , quorum interest , quod eidem nicholao in executione praemissorum auxiliantes , consulentesque & obedientes sint , prout decet . in cujus rei testimonium has literas nostras fieri fecimus patentes ad nostrum beneplacitum duraturas . dat. sub magno sigillo nostro secundo die novembris , anno regni dicti domini mei octavo . per literam sub signetto . but i cannot as yet finde this patent recorded in the rolls of that or the following year upon search after it . in another section of his treatise he likewse cites this record concerning queen-gold . anno 20 e. 4. rex vic. norff. & suff. salutem . praecipimus tibi , quod de bonis & catallis gilberti debenham armigeri fieri facias viginti & tres marcas , parcellam viginti & sex marcam , quas idem gilbertus debet elizabethae reginae angliae consorti nostrae charissimae de avro svo de quodam ( 4 ) fine ducentarum & sexaginta marcarum nobis soluto pro , &c. r. 20 e. 4. tr. pl. but as yet i cannot finde this writ on record . in a manuscript collection of sundry writs , patents , commissions , and other proceedings in the exchequer court , amongst those relating to the queens of england , their officers , and queen-gold , communicated to me by mr. arden of the office of pleas ; ( collected heretofore by w. b. a clerk of that office ) i found these notes of his concerning queen-gold during the reign of king edward the 4th ; which though i have diligently searched after in the office of the pipe , and kings remembrancer , i had not yet the happinesse to finde in any of the years of edward the 4th he refers to . quidam rotulus intitulatus brevia de auro reginae de termino paschae anno 5. regis edwardi 4. continens 14 rotulos et plenos brevium pro avro reginae ; of which more hereafter , p. 72 , &c. notae concernentes aurum reginae . de johanne domino dudley & edwardo ejus filio 13 s. 4 d. de ( 4 ) fine 10 marc. solut . in hanaperio pro literis regis habendis de confirmac . cum concessione , et rem . in quibusdam literis paten . georgii nuper ducis clarenc . eis fact . 19 e. 4. de roberto wingfield 24 s. pro avro reginae de ( 4 ) fine 12 l nobiscum fac . pro licencia concordand . cum edwardo episcopo carliolen . in plactto conben . memorandum , quod robertus caldecott ( hic caldecott fuit deputatus receptoris auri , prout apparet per literas patent . elizab. reginae fact . nicholao lathel anno 8 , 9. ) petit de eliz. regina summas sequentes , viz. imprimis , pro feodo suo ad 40 s. per an. pro execuc . fac . l. s. d. pro auro reginae pro annis 12 , 13 , 14 e 4. 06 00 00 item petit pro uno clameo pro auro reginae faciend . 00 03 04 item petit pro tribus clameis intrand . 00 10 04 item pro placito edw. rede mil. intrand . 00 11 08 item pro rogero thomas pro clameo in pipa alloc . 00 10 00 item pro nicholao lathel clerico pipae pro clameo reginae alloc . 00 03 04 tunc sequuntur diversae summae per ipsum recept . pro auro reginae .       petit pro copia brevium pro auro praedicto faciend 00 06 08 et pro diversis clameis pro regina fact . et pro feodo suo 40 s. per annum usque 20 e 4. et huic scedul . annex . est alia , qu●si remembr . de brevibus de fieri fac . exam . pro regina , & return . vic. & de solutione denar . levat . & cui , &c. pro contemptu fact . eo quod ipse non suscepit ordinem militarem in triu. 6e . 4. oxon. fieri facius de bonis & catallis , &c. richardi fouler & thomae wood 14 s. de ( 4 ) fine 7l . solut . in hanaperio nostro pro tribus brevibus de concess . habendis per orig. de anno 6. rot. 64. de richardo illingworth mil. 53s . 4d . de ( 4 ) fine 40 marc . nobis solut . in hanaperio nostro pro tribus brevibus de conc . habendis , pro orig. de anno 7. rot. 60. fieri fac . de bonis & catallis johannis staton nuper unius jur. de quadam inquis . inter robertum martyn querentem , & henr. gray defend . de placito transgressionis , necnon w. p. & t. s. plegior . praedict . i 20 s. pro avro de ( 4 ) fine 40 l. nobiscum fac . tam de bonis et catallis suis nobis forisfac . quam pro extirpatione terr . et ten . suorum , necnon pro imprisonament . corporis ejus , occasitone falsi iuramenti ejus per ipsum et socios suos in placito praedicto fac . unde per quandam jur. 24 mil. inde inter ipsos capt . convict . est , & ie posuit in gratiam nostram , & de bonis & catallis suis jur. de principal . jur. & in mi● . per rot. de finibus & amerciamentis , necnon catal. felonium forisfact . coram rege de trin. 7 regis e. 4. not. derb. de johanne markham milit. capital . justic . nostro ad placita coram nobis tenend . assign . & aliis 26s . 8d . pro avrd de ( 4 ) fine 20 marc . pro licenc . concedend . ad manum mortuam , trin. 7 e 4. memorand . quod in fine rotuli 13. horum rotulorum de auro reginae continetur , memorand . quod in ( 4 ) fine jo. sentlowe milit. pro manerio de edynworth et aliis terris quae fuerunt johan . botiler in com. somers . 200 l. non in originali tamen in cancellaria . item nota , quod in quarta causa primi rotuli notabitur hoc modo ; memorandum quod abbas & conventus monasterii beatae mariae de heselborow in com. salop 20 s. de ( 4 ) fine 10 l. de rich. truman & johannae uxore ejus 4. marc . de fine 40 marc . & de rogero towers mil. &c. 20 s. de ( 4 ) fine 10 l. & in margine ; memorand . quod istae particulae annotantur extra hunc librum tamen in rotulo de avro reginae . et in dorso ejusdem rotuli de solutione denar . receptor . prout in compoto in thesauro rem . inter brevia returnabil . in crastino sancti johannis , anno primo regis e. 5. pro eliz. regina angliae london 4. liberantur collard , bed. bucks . 1 liberatur barlow . inter brevia return . de termino pasch . anno 22. pro avro reginae fieri facias de bonis jo. haward mil. 20d . de guidone fairfax mil. & alis 40 s. de ( 4 ) fine 20 l. nobis solut . in hanaperio nostro pro licenc . concedend tenementa ad balenc . 10 l. in fundatione cantariae per brev . dat . 25 nov. 22 e 4. brev . indors . quod breve levavit & denar . solvuntur richardo doland recep . super inquietanc . brevia de avro reginae richardi doland rec. & roberti willingham atturn . in quadam rec. executionis super filas brevium , de gilberto debenham 4 l. 7 s. 8 d. rem . 8 l. 7 s. 8 d. quos debet de ( 4 ) fine 260 marc . nobis solut . pro manerio de tatinston cum pertinentiis quind . hill. wingfield , norff. 22l . 8s . 4d . return , quod cepit bonis ad valenc . de roberto hans & burgens . villae de stamford , 13 s. 4 d. de ( 4 ) fine 10 marc . solut . in hanaperio nostro pro concessione & confirmacione divers . maner . libertat . &c. praefat . roberto ac burgens . villae praedictae sibi & successor . suis imperpetuum . de raphaele de bynaldis mercatore de janna , oriundus 23 , de ( 4 ) fine 11l . 11s . in hanaperio solut . pro literis suis paten . de fac . ipsum indigenam : & consimile pro johanne sawo in eodem quod , dat . 8 julii , 22 e. 4. de thoma ampe & aliis 7l . 3s . 1d . de ( 4 ) fine 71l . 11 s. pro licenc . alienand . in manum mortuam , &c. indor satur , quod cepit bon . & catall . & fieri fac . pro residua . brevia sequen . — jacobi bartlet pro indigen . faciend . de henr. sturman de custod . sociorum & scholar . aulae sanctae trinitatis in universitate cantebrig . 43 s. 1d . de ( 4 ) fine 21 marc . pro alienac , in manum mort . de johanna filia ducis buck. & al. de ( 4 ) fine 10 marc . pro pardonac . habend . de omnibus bonac . et perquisit . de dominio et castro de brekenham , &c. de bonis ; catallis , terris & tenementis w. alington mil. 200. & t. clerk in praedicti w. 66 s. 8d . de ( 4 ) fine 33l . 6s . 8d . nobis ad recept . scaccarii nostri solvend . pro custod . terr . quae fuerunt johannis ashland defuncti , & quae post mortem praedicti jo. ac ratione minoris aetat . suae & haered . ejusdem jo. ad manus nostras deven . necnon pro custod . et maritag . ejusdem , 19 e. 4. wydolfe . if any officers of the queen , or court of exchequer upon further search can find out these writs or other records in any of the treasuries of the exchequer during this kings reign , i shall gladly peruse them ; till then you must take them only upon the collectors credit , ( sometimes mistaken in his quotations ) not mine , without any observations on , from them . in the same collection of w. b. i found the transcripts of these three brevia pro regina , for sale of goods seised for , and levying of queen-gold due to elizabeth queen consort to king edward the 4th , though i cannot yet find them in the rolls , though probably extant in the bundles of writs , which i have not perused . rex , &c. praecipimus tibi , quod illa bona & catalla venerabilis in christo patris jacobi episcopi norwic , ad valenc . 20s . quos debet charissimae consorti nostrae elizab. reginae angliae , de quodam fine 10 l. nobis solut . in hanaperio nostro , pro ( 4 ) confirmatione quarundam cartarum et literarum patentium diversorum progenitorum nostrorum quondam regum angliae , de diversis concessionibus & confirmationibus quondam episcopis loci praedicti praedecessoribus praedicti nunc episcopi & successoribus suis nuper confect . habend quae nuper de mandato nostro virtute brevis nostri tibi inde direct . cepisti penes te reman . invendit . pro defectu emptorum , prout returnasti ad scaccarium nostrum apud westm . in octabis sancti hillarii ultim . praeterit . de die in diem venditioni exponas , ac ea cariori praecio quo poteris sine dilatione vendas ; ita quod denarios illos habeas ad scaccarium nostrum apud westm . in crastino , &c. rex vic. norff. & suff. praecipimus tibi , quod be bonis , catallis , terris & tenementis quae fuerunt rogeri roe mil. in balliva tua 20 marcas , quas debet charissimae consorti nostrae elizabeth . reginae ang●iae de avro svd de ( 4 ) quodam fine 200 marc . nobis praemanibus solut , pro eo quod concessinus praefato rogero roe manerium de erpingham & jerbrigg in com. suff. & manerium de wharton at stone , aliàs dictum manerium de bardolf cum pertinentiis in com. hertf. & quae fuerunt willielmi nuper vic. — habend . praefato rogero , haered . & assign . suis de nobis & haeredibus nostris per servitia inde debita & de jure consueta imperpetuum ; ita quod denarios illos habeas ad scaccarium nostrum apud westm . in crastino clauff pasch . praefat . consorti nostrae , seu ( 5 ) esus in hac parte receptori ibidem solvend . teste tho nottingham mil. 10 die febr : anno regni nostri 22. per ordinem de anno 15 regis nunc ; super filac . brevium execut . pro auro reginae , in offic. rem . regis . rex vic. ebor. &c. praecipimus tibi , quod de bonis & catallis roberti both decani ecclesiae cathedralis sancti . petri eborum , tho. brian milit. capitalis justic . de banco , guidonis fairfax militis , gervasii clifton ar. thomae portington clerici , thesaur . ecclesiae praedict , richardi pygot servien . regis ad legem , roberti forster gen. & roberti marler 13s . 4 d. de ( 4 ) fine 12 marc . nobis solut . in hanaperio nostro , pro licenc . concedend . diversa terras et tenementa decano et capitulo beati petri eborum imperpetuum ad manum mortuam , secundum formam & effectum cartae l. both archiepiscopi eborum ; et denarios illos , &c. teste , &c. 22 e 4. berdolf . indors . quod vic. fieri fecit , &c. & denar . solvuntur richardo doland ( 5 ) suo receptori , prout patet &c. de eisdem 40s . pro 20l. solut pro terris ad manum mortuam concedend . in a collection of writs for the levying of queen-gold in the reign of king edward the 4th , which belonged to mr. herbert deceased , late atrotny to mary now queen mother , i find these several writs issued in the 5th year of his reign to several sheriffs , extant in the office of pleas in the exchequer . rex vicecomiti , salutem . de bonis , catallis , terris & tenementis quae fuerunt johannis lovell militis 13 die septembris ultimo praeterito in balliva tua fieri fac . 16s . quos debet charissimae consorti nostrae elizabethae reginae angliae de avro svo , de ( 4 ) quodam fine 12 marc . nobisrum sacto pro duobus brevibus de conc. dicto 14 die septembris habend . ita quod denarios illos habeas in octabis sanctae trinitatis praefatae consorti nostrae sive ejus in hac parte receptori tunc ibidem solvend . t. &c. per origin . de anno quarto nunc , rot. 71. de bonis & catallis , terris & tenementis willielmi hastings milit. in balliva tua fieri fac . 16s . quos debet charissime consorti nostrae elizabeth . reginae angliae de avro svo , de ( 4 ) quodam fine 12 marc . nobiscum fact . pro duobus brevibus de conc. habend . 14 die septemb. anno regni nostri quarto ; ita , &c. in octabis sanctae trinitatis praefatae consorti , &c. ut supra . teste , &c. per warr praedict . rotul . praedict . memorand . quod abbas & convent . monasterii beatae mariae de horlsowen in com. salop 20 s. de & auro suo de ( 4 ) fine 10 l. de richardo turna●nt & johanna uxore ejus fil . johannis stock in 4 marc . de fine 40 marc . &c. de rogero tocock milite , & elizabethae uxore ejus , nuper uxore willielmi beauchamp milit. nuper domino de 20s . de ( 4 ) fine 10 l. &c. memorand . quod istae particulae omittuntur extra hoc libr. tamen in rotulo de avro reginae . rex vicecomiti northumber . salutem . praecipimus tibi , quod non omittas , & . quin , &c. et de bonis & catallis , terris & tenementis fratrum & sororum gildarum beatae mariae sancti georgii & sancti jacobi in ecclesia sancti johannis infra villam de peterburga in balliva tua fieri fac . 10 marc . quas debet charissimae consorti nostrae elizabeth . reginae angliae de avro svo de ( 4 ) quodam fine 100 marc . nobiscum fact . pro licenc . perquirend . terr . reddit . ten et possessiones pro sustentat . eorundem gild. ad valorem 20l. per annum ad manum mo●tuam babend . ita quod denarios illos habeas ad scaccar . nostrum apud westm . in crastino sancti martini praefatae consorti nostrae sive ( 5 ) eius receptori in hac parte tunc ibidem solvend . teste , &c. per orig. de anno quarto regis nunc rot. 67. de bonis & catallis , terris & tenementis cordnariorum & cornesariorum oxon. in balliva tua fieri fac . 13s . 4d . quas debent , &c. avro svo de ( 4 ) quodam fine 10 mar . nobiscum fact . pro confirmatione quarundam cartarum et literarum paten . diversorum progenitorum nostrorum quondam regum angliae praedecessoribus ipsorum cordnariorum et cornesariorum ; ita quod denar . &c. ad diem praedictam praefactae consorti nostrae , &c. tunc ibidem solvend . t. &c. per warr. praedict . rot. praedicto . de bonis & catallis , terris & tenementis majoris & communitatis villae nostrae novi castri super tynam in balliva tua fieri fac . 60s . quos debent , &c. de auro suo de ( 4 ) quodam fine 30 l. nobiscum fact . pro literis nostris patentibus de concess . manerii de bicarin bicar in com. northumb. cum pertinentiis suis eisdem majori & communitati . habend sibi & successoribus suis imperpetuum . ita , &c. ad diem praedictum praefatae consorti nostrae , &c. tunc ibidem solvend . t. &c. per warr. praedictum rot. praedict . de bonis & catallis , &c. constabularii communitatis stapulae nostrae villae caless . in balliva tua fieri fac . 20 s. quos debet , &c. de auro suo , de ( 4 ) quodam fine 10 l. nobiscum fact . pro confirmac . tam cujusdam cartae ac quarundam literarum paten . diversorum progenitorum nostrorum quondam regum angliae , quam hen. 4 , hen. 5 , & hen. 6. nuper defunct . necnon de nostr . regum angliae nuper majori , constabular . & communitati stapul . praedictae habend . ita , &c. ad diem praedictum praefatae consort . nostrae , &c. ad tunc ibidem solvend . t. &c. per warr. praedict . rotulo praedicto . de bonis & catallis , terris & tenementis margaretae thurland . de villa s. botho viduae in balliva tua fieri fac . 20 s. quos debet , &c. de avro svo de ( 4 ) quodam fine 10 l. nobiscum facto , pro licentia habend . quod ipsa margareta quand . annual . reddit . 60 s. exeun . de quadam grangea vocat . hemitorie , alias dict . hemtree infra dominia de weldemore in com. praedicto aldermannis , fratribus & sororibus cujuidam gild. in honore corporis christi in ecclesia parochiali dictae villae sancti . bothi funda● . & eorum successoribus dare possit concedere & assignare ; ita , &c. quod ad diem praedictum praefatae consorti nostrae , &c. tunc ibidem solvend . t. &c. per warr. praedictum , rotulo 68. de bonis & catallis , terris &c. thomae kyrkely clerici , thomae wymbysh & johannis gylaston in balliva tua fieri fac . 4 l. quas debet , &c. de avro svo de ( 4 ) quodam fine 40 l. nobiscum fact . pro licencia habend . quod ipsi terr . ten . & reddit . ad valenc . 17 l. 6 s. 8 d. per annum , dare possent & concedere priori & conventui de norton parke in com. praedict . habend . eisdem priori & conventui , & successor , suis imperpetuum . ita , &c. ad diem praedictum praefatae consorti nostrae tunc ibidem solvend . t. &c. per warr. praedictum rotulo praedicto . rex vicecom . salutem . de bonis & catallis , terris & tenementis decani & capituli ecclesiae cathedral . sancti andraeae wellen. in balliva tua fieri fac . 14 l. quas debent , &c. de avro svo de ( 4 ) quodam fine 140 l. nobiscum fact . pro licentia habend . quod ipsi quadraginta libratae terrarum , ten . sive reddit . per annum , cum pertinen . quae de nobis not . tenentur in capite à venerabili patre thoma bathon . & wellen. episcopo , seu aliis personis , aut alia persona qui hujusmodi terras & tenementa aut reddit . sibi dare voluerint adquirere possint . ita , &c. in crastino sancti michaelis praefatae consorti , &c. ut infra tunc ibidem solvend . teste , &c. per warr. praedict . rotulo 68. de bonis & catallis , terris & tenementis thomae wymbish & roberti whaplode capellanis in balliva vestra fieri fac . 32 s. quos debent , &c. de avro svo de ( 4 ) quodam fine 18 l. nobiscum fact . pro licenc . habenda , quod ipsi terras , ten . reddit . reversiones , servitia , annuitates , & alias possessiones quaecunque ad valorem 8 marc . per an . adquirere possint , & ea cuidam cantariae de uno capellano singulis d●ebus ad altare beatae mariae virginis in ecclesia parochial . sancti petri ad placit , in civitate praedicta per praefatos thomam & robertum imperpetuum , ibidem celebrand . erect . creat . & stabilit . terr . legare & concedere possint ; ita , &c. ad diem praedictum , &c. per warr. praedictum rotulo praedicto . de bonis & catallis , &c. prioris & monachorum ecclesiae s. cuthberti dunelm . in balliva tua fieri fac . 20 s. quos debent , &c. de avro svo de ( 4 ) quodam fine 10 l. nobiscum fact . pro confirmatione quarundam cartarum et literarum patentium diversorum progenit . nostr . quondam regum angliae habend . et de bonis & catallis , terris & tenementis abbatis & conventus de whitbye in dicta balliva tua fieri fac . 13 s. 4 d. quos debent praefatae consorti nostri de avro svo de ( 4 ) quodam fine 10 mar . nobiscum facto pro consimili , ita , &c. diem praedictum , &c. rotulo 69. de bonis & catallis , terris & tenementis quae fuerunt thomae nuper episcopum bathon . & wellen. ac decani & canonicorum dictae ecclesiae wellen. & prioris & monachorum dictae ecclesiae bathoniae in balliva tua fieri fac . 20 s. quos debent , &c. de avro svo , de ( 4 ) quodam fine decem librarum nobiscum fact . pro confirmatione quarundam cartarum diversorum progenitorum nostrorum quondam regum angliae habend . ita , & . ad diem praedictum per warr. praedictum rotulo praedicto . de bonis , &c. katharinae abbatissae & monial . de berking . in balliva tua fieri fac . 20 s. quos debent , &c. de avro svo , de ( 4 ) quodam fine 10 l. nobiscum facto pro consim . ita , &c. ad diem praedictum per warr. praedictum rotulo praedicto . de bonis , &c. venerabilis patris willielmi episcopi elyen . ac prioris & conventus loci praedicti in balliva tua fieri fac . 13 s. 4 d. quos debent praefatae consorti nostro de avro svo de ( 4 ) quodam fine 10 marc . nobis facto pro consim . ita , &c. ad diem praedictum rotulo praedicto . de bonis , &c. abbatis & conventus sancti salvatoris de faversham in balliva tua fieri fac . 13 s. 4 d. quos debent , &c. de avro svo de ( 4 ) quodam fine 10 marc . nobiscum facto pro consimili ; ita. &c. ad diem praedictum per warr. praedictum rotulo praedicto . de bonis , &c. abbatis ecclesiae sanctae crucis de waltham & ejusdem loci convent , in balliva tua fieri fac . 13 s. 4 d. quos debent , &c. de avro svo de ( 4 ) quodam fine 10 marc . nobiscum facto pro consimili ; ita , &c. ad diem praedictum per warr. praedictum rotulo praedicto . de bonis , &c. venerabilis patris j episcopi wygorn . in balliva tua fieri fac . 26 s. 8 d. quos debet , &c. de avro svo , de quodam ( 4 ) fine 20 marc . nobiscum facto pro consimili ; ita , &c. ad diem praedictum per warr. praedictum rotulo praedicto . de bonis , &c. richardi nevile comitis warr. & sarum , & annae comitissae warr. consortis suae , filiae richardi de bello campo nuper comitis warr. sororis & haeredis henr. nuper ducis warr. filii & haeredis ejusdem nuper comitis in balliva tua fieri fac . 100 l. solvend . quos debent , &c. de avro suo , de ( 4 ) quodam fine nobiscum facto pro licentia habend . quod ipst dare possint et concedere per finem in curia nostra levatum , decano & capitulo ecclesiae beatae mariae warr. terras , ten , redditus , & servitia , cum pertinentiis , ad an . valor . 40 l. ita , &c. ad diem praedictum . praecipimus etiam tibi , quod non omittas , &c. quin eam , &c. et de bonis , &c. praedictorum comitis & comitissa in balliva tua fieri fac . 20 s. quos debent praefatae consorti nostrae de auro suo de ( 4 ) quodam fine 10 l. nobiscum facto pro licentia habend . quod ipst dare possint et concedere per finem in curia nostra de banco lebatum , abbati & conventui de tewkesbury terras , ten . reddit . & servitia , ad an . valorem 12 mar . et de bonis & catallis , &c. earundem comitis & comitissae in dicta balliva tua fieri fac . 30 s. 8 d. quos debent praefatae consorti nostro de dicta auro svo de ( 4 ) quodam fine 15 l. 7 s. nobiscum facto pro licentia habend . quod ipst dare possint et concedere per finem in dicta curia nostra levand . magist . et capellan . cantariae beatae mariae de gernely in com. wygorn . terras , ten . ten . reddit . & servitia cum pertinentiis ad an . valorem 20 marc . ita , &c. ad diem praedictum per warr. praedictum . * de bonis & catallis , terris & tenementis nunc magistri & custod . fraternitatis scissorum , & de fraternitate sancti johannis baptistae in civitate london . in balliva vestra fieri faciatis 20 s. quas debent de auro svo de quodam fine 10 l. nobis solut . in hanaperio nostro , pro confirmatione diversarum literarum patentium dibersorum regum de diversis concessionibus nuper magistris & custodibus fraternitat . praedictae praedecessoribus praedictorum , nunc magistri et custod . et successor . suor . fact . nuper confectarum habenda ; ita , &c. in quindena sancti johannis baptistae . t. &c. per orig. de anno quarto regis nunc rotulo 80. 15. rex vicecom . salutem ; de bonis et catallis , terris & ten . thomae frowick de london . gent. richardi turmorunt de cadem gent. willielmi cumberford de communi banco nostro gent. thomae staunton de london mercer , willielmi mancer de eadem , gent. thomae swan : gen. in balliva nostra fieri faciatis 100 l. marc . quas debent charissimae consorti nostrae elizabethae reginae de auro suo , de ( 4 ) fine mille marcarum nobis praemanibus solut . pro custodia omnium dominiorum , maneriorum , terrarum , tenementorum , reddituum , serviciorum , reversionum , possessionum , ac aliorum haereditamentorum cum pertinentiis quae fuerunt thomae carleton nuper com. midd. militis defuncti ; ac etiam pro custodia et maritagio richardi filii et haeredis praedict thomas carleton absque disparagacione ; ita , &c. in octabis sancti hillar . praefatae consorti nostrae , seu ejus in hac parte ( 5 ) receptori tunc ibidem solvend . t. &c. per orig. de anno quarto regis nunc rotulo 12. nota thesaur . reginae pro custodia recordorum suorum ; ante quem diem denarii praedicti solvuntur praefato receptori , prout patet per literas acquietan . indentat . ipsius receptoris thesauro reman . de bonis & catallis , terris & tenementis willielmus jenny & hugonis fenne in balliva tua fieri fac . 50 marc . quas debent , &c. de auro suo de 500 marc . nobis praemanibus solut . pro ( 4 ) custodia omnium maneriorum , terrarum et ten . reddit . serviciorum , ac reversionum quae fuer . roberti willingby militis defuncti , quae de nobis tenuit in capite die quo obiit , una cum maritagio roberti filii et haeredis pradicti roberti patris , absque disparagatione , ita , &c. ad diem praedictum , &c. per war. praedictum , rotulo 14. de bonis et catallis , terris et tenementis thomae mountgomery et mich. parker , necnon johannis tymperley de handlesham in dicto com. suff. armigeri , et richardi southwell de waderising in dicto com. norff. armiger . ( 5 ) manucapt . praedictorum thomae & michaelis in balliva tua fieri fac . 40 s. quas debent , &c. de auro suo de ( 4 ) quodam fine 20 l. nobis praemanibus solut . ( 4 ) pro custod . omnium terrarum et ten . reddit . et servic . cum pertinentiis quae fuerunt roberti pickquori● nuper de sherepham in dicto com. norff. armigeri defuncti ; ac etiam pro custodia et maritagio h. puckingham filii et haeredis ipsius roberti absque disparagatione ; ita , &c. ad diem praedictum . t. &c. per warr. praedictum rot. 11. ad quem diem vic. non retur . breve . ideo , &c. ita , &c. in octabis sanctae trinitatis . de bonis & catallis , terris et tenementis johannis comitis salop in balliva tua fieri fac . 33 s. 4 d. quos debet , &c. de auro suo , de quodam ( 4 ) fine 20 l. quinque marcarum nobis solut . in hanaperio nostro pro brebe de assiss . navae disseisinae habend . ita , &c. ad diem praedicum . t. &c. per war. praedictum , rotul . 87. de bonis , catallis et tenementis willielmi belknap armigeri in balliva tua fieri fac . 32 s. 8 d. quos debet , &c. de auro suo , de ( 4 ) quodam fine 16 l. 3 s. 4 d. nobis solut . in hanaperio nostro , pro quatuor brevibus conc. habend . ita , &c. ad diem praedictum . t. &c. per warr. praedictum rotulo praedicto . ad quam diem vic. non ret . breve . ideo , &c. in octabis sancti hillarii anno 8 regis nunc . de bonis et catallis , terris et tenementis radulphi boiler militis in balliva tua fieri fac . 60 s. quos debet , &c. de auro suo de ( 4 ) quodam fine 30 l. nobiscum fact . pro licentia conc . cum willielmo belknap fratre & aliis de placito conc. de maneriis de bedale , ascough , kylwardby , stillingfleet , moreby et aliis diversis maneriis in com. eborum , northumb. warr. & oxon. ita , &c. in paschae , &c. teste , &c. per rotulum de finibus de banco de termino s. trinitatis , anno quinto regis nunc , &c. de bonis et catallis , terris et tenementis willielmi hode clerici in balliva tua fieri fac . 13 s. 4 d. quos debet , &c. de auro suo , de ( 4 ) quodam fine 10 marc . nobiscum facto pro licentia conc . cum roberto clyfton & elizabeth . uxore ejus de placito convenc . de maneriis de topcroft , denton , hos , et lytilzall cum pertinentiis , et de advocationibus ecclesiae de denton & capellae sancti egidii in topcroft , &c. ita , &c. ad diem praedictum . teste , &c. per warr. praedictum . de bonis et catallis , terris et tenementis aliciae wyks , ottonis gilbert , & johannis moore in balliva tua fieri fac . 4 l. quos debent , &c. de auro suo de ( 4 ) quodam fine 10 l. nobis praemanibus solut . pro custodia omnium terrarum et ten . reddituum , servitiorum & reversionum cum suis pertinentiis , quae fuerunt johannis bayton & johannae nuper uxoris suae , de haereditate ipsius johannae jam defunctae , quae de nobis tenuerunt diebus quibus obierunt , per servit . militar . & quae per mortem eorundem johannis & uxoris suae ad manus nostras devenerunt , habend . a tempore mortis eorundem johannis & johannae usque ad plenam aetatem haeredis , una cum maritagio ejusdem haeredis ; ita , &c. ad diem praedictum . t. &c. per rotulum memorand . de anno quinto regis nunc , hillar . record . rotulo . de bonis et catallis , terris et tenementis richardi west nuper de parva bedwate in dicto com. sussex militis , necnon johannis goring de llanifaige in eodem com. gen. hugonis hondford nuper de london gen. et thomae berwick de ossington in dicto com. yeoman . ( 5 ) plegiorum praedicti richardi in balliva tua fieri fac . tam 26 s. 8 d. quos debent , &c. de auro suo de ( 4 ) quodam fine 20 marc . nobiscum facto , pro quadam transgress . rogeri keyes vi & armis facta , unde convict . est , ut patet termino pasch . anno regni nostri secundo , quam 20 s. quos debent , &c. de auro suo de quodam fine 10 l. nobiscum similiter fact . pro consimili : ac 13 s. 4 d. quos debent , &c. de auro suo de quodam fine 10. marc . nobiscum similiter facto , pro quadam transgr . thomae hilling vi & armis , &c. unde convictus est , ut patet termino sancti hillar . anno regni nostri primo . et 13 s. 4 d. quos debent , &c. de auro suo de quodam fine 10 marc . nobiscum facto ; ita , &c. ad diem praedictum . t. &c. per rotulum de finibus de banco ( regis ) de termino sancti hillar . anno quarto regis nunc . de bonis et catallis , terris et tenementis johannis mervyn armigeri in balliva tuafieri fac . 100 s. quos debet , &c. de auro suo de quodam ( 4 ) 50 l. nobiscum facto . pro licenc . conc . cum margareta hungerford vidua , quae fuit uxor roberti hungerford militis , thoma hungerford milite , & annae uxore ejus , & thoma burgh milite , & margareta uxore ejus de placito convencionis de maneriis de abre , northshadury , poblow , concwood , penseford , & newton-sentlo cum pertinentiis , et de aliis terris , pratis , pastur . bosc . mariscis , & reddit : cum pertinentiis ibidem , & alibi . ita , &c. in crastino clausi pascha t. &c. per rotulum de finibus de banco de termino sancti michaelis anno quarto regis nunc , ad quem diem vic. non ret . brev . ideo , &c. vic. com. wiltes in octabis sancti michaelis . de bonis et catallis , terris et tenementis johannis marvyn in balliva tua fieri fac . 17 s. 4 d. quos debet , &c. de auro suo de quodam ( 4 ) fine 14 marc . nobiscum facto . pro licenc . con● . cum thoma burle milite , & margareta uxore ejus nuper uxore willielmi botreaux de botreaux militis , de placito convenc . de maneriis de flexlend , penyton , et bedyngham cum pertinentiis in com. southt . et de aliis terris in com. wiltes , bristoll , somers , dors . berks , et devon. ita , &c. ad diem praedictum . t. &c. per warr. praedictum . ad quem diem vic. non ret . brev . ideo , &c. ita , &c. in oct. s. trinitatis , ad quem diem vic. non ret . breve . ideo praeceptum fuit vic. com. wiltes . de bonis et catallis , terris et tenementis johannis poulet armigeri in balliva tua fieri fac . 26 s. 8 d. quos debet , &c. de auro suo , de ( 4 ) quodam fine 20 marc . nobiscum fact . pro contempt . per ipsum fact . eo * quod non suscepit ordinem militarem ante festum ascensionis domini anno regni nostri quinto ; ita , &c. ad diem praedictum . t. &c. per rotulum de finibus militum de anno quinto regis nunc . de bonis et catallis , terris et tenementis johannis knyvett armigeri in balliva tua fieri fac . 26 s. 8 d. quos debet , &c. de auro suo pro consimili ; ita , &c. ad diem praedictum . t. &c. per warr. praedictum ; ad quem diem non return brev . ideo , &c. ita in octabis . de bonis et catallis , &c. henrici frowick armigeri in balliva vestra fieri fac . 13 s. 4 d. quos debet de auro suo de ( 4 ) quodam fine , &c. mar . pro consimili . ita , &c. ad diem , &c. t. &c. per praedictum . de bonis et catallis , &c. johannis langton armigeri in balliva tua fieri fac . 13 s. 4 d. quos debet , &c. de auro suo pro consimili . ita , &c. ad diem praedictum . t. &c. per warr. praedictum . de bonis et catallis , &c. henrici grene armigeri in balliva tua fieri fac . 20 s. quos debet , &c. de auro suo de quodam ( 4 ) fine 10 l. pro consimili ; ita , &c. ad diem . t. &c. per warr. praedictum . de bonis et catallis , &c. johannis hastings de fenwick armigeri in balliva tua fieri fac . 23 s. quos debet de auro suo de ( 4 ) quodam fine 12 l. pro consimili . ita , &c. ad diem praedictum . t. &c. per warr. praedictum . de bonis et catallis , terris & tenementis johannis collingrigg , necnon edwardi langford de bradford in dicto com. berk armigeri , & thomae roger. de speane in eodem com. armigeri , ( 4 ) manucaptorum praedicti johannis in balliva tua fieri fac . 10 mar . quas debent , &c. de auro suo de quodam ( 4 ) fine 100 marc . nobiscum facto , et nobis praemanibus solut . pro custodia manerii de padworth cum pertinentiis in dicto com. berks , voc . comdreyes , mediet . unius molendin . aquatici , & unius acr. terr . cum pertinentiis in padworth in com. praedicto , quae nuper fuerunt edwardi coudrey defuncti , qui de nobis tenuit in capite , et pro maritagio pitri coudrey filii et haeredis dicti edwardi , ita , &c. à die paschae in unum mensem . teste , &c. per rotulum memorand , de anno quarto regis nunc , hillar . record . rotnl . 29. ex parte remem . thes . de bonis et catallis , terris & tenementis williemi essex in balliva tua fieri faciatis 20 marc . quos debet , &c. de auro suo de ( 4 ) quodam fine 200 marc . nobiscum facto pro maritagio elizabeth , filiae et haeredis willielmi bopthorp armiger . et johannae uxoris ejus , ac pro custodia omnium terrarum & ten . reddit . serviciorum ac reversionum cum suis pertinentiis , quae fuerunt praedictorum willielmi bapthorp & johannae , aut eorum alterius diebus quibus obierunt , & quae per & post mortem eorundem willielmi bapthorp & johannae seu eorum alterius ; ac ratione minoris aetatis praedictae elizabethae ad manus nostras devenerunt ; ita , &c. in crastino sancti michaelis praefatae consorti nostrae , &c. t. &c. per original . de anno quinto regis nunc , rotulo 90. de bonis et catallis , terris et tenementis radulphi botiller de sudeley militis in balliva tua fieri fac . 13 s. 4 d. quos debet , &c. de auro suo de quodam ( 4 ) fine 12 marc . nobis solut . in hanaperio nostro , pro ( 4 ) licenc . habenda . et quod ipse et alii manerium de brabourn cum pertinentiis in com. kanc. quod de nobis tenetur in capite dare possint et concedere thomae archiepiscopo cantuar. et aliis , habend , sibi & haeredibus suis de nobis & haeredibus nostris per servitia inde debita & consueta imperpetuum ; ita , &c. in sancti michaelis , &c. t. &c. per warr. praedict . rotulo 89. de bonis et catallis , terris et tenementis abbatis & conventus monasterii de evesham in balliva tua fieri fac . 53 s. 4 d. quos debent , &c. de auro suo , de ( 4 ) quodam fine 40 marc . nobiscum solut . in hanaperio nostro pro ( 4 ) licenc . habend . quod iidem abbas et convent . abbas de alvecestriae in com. warr. terr . et ten . reddit . et emolumen . ac possessiones universas cum pertinentiis suis eidem abbatiae qualitercunque spectan . una cum omnibus libertatibus et franc . quibuscunque percipere , ac sibi & eorum monasterio praedicto tenere possint et valeant imperpetuum ad manum mortuam ; ita , &c. ad diem praedictum . t. &c. per warr. praedictum rot. 89. de bonis et catallis , &c. walteri blunt in balliva tua fieri fac . 26 s. 8 d. quos debet de auro suo , de ( 4 ) quodam fine 20 marc . nobis solut . in hanaperio nostro pro literis nostris patentibus de pardonac . praefat . walter . et aliis . habend . de omnimodis donacionibus , alienationibus , et dis . per ipsos seu eorum aliquem de et in manerio de sturminstre mareschall voca● . beancham of mannor cum pertinentiis in dicto com. dors . ita , &c. ad diem praedictum , &c. t. &c. per warr. praedictum rot. 89. de bonis et catallis , terris et tenementis johannis fortescue et johannis reyselley armigerorum , necnon richardi whitley de london gent. et willielmi hammond de eadem gen. ( 5 ) manucapt . praedictorum johannis et johannis in balliva tua fieri fac . 40 s. quos debent , &c. de auro suo de ( 4 ) quodam fine 20 l. nobiscum facto pro custod . habend . omnium dominiorum , maneriorum , terrarum , ten . et aliorum haereditamentorum cum pertinentiis , quae fuerunt johannis . wynard de com. praedicto armiger . defunct . qui de nobis tenuit in capite die quo obiit , & pro maritagio agnetis filiae et haeredis cujusdam johannis wynard infra aetatem eristent . ita , &c. in crastino mich. anno 9. praefatae consorti nostrae , &c. teste , &c. orig. de anno 8. regis nunc rotulo 8. de bonis & catallis , terris & tenementis johannis dynham armigeri , & elizabeth . quae fuit uxor johannis ratcliff de fitzwauter armigeri , in balliva tua fieri fac . 54 s. 4 d. quos debent elizabeth . reginae angliae de auro suo , de ( 4 ) quodam fine 40 marc . nobis solut . in hanaperio nostro , pro licentia habenda quod ipsi dibersa maneria in com. suff. & essex . quae de nobis tenentur in capite , dare possint et concedere richardo illingworth militi , & al. ita , &c. in octabis sancti hillarii anno octavo praefatae reginae , aut ejus in hac parte receptori tunc ibidem solvend . t. per origin . de anno septimo regis nunc , rot. 58. ad quem diem vic. non return . breve johanni , &c. ita , &c. in crastino clausi pasch . anno nono regis nunc . de bonis & catallis , &c. johannis goringe , humfr. henster , & thomae best , in balliva tua fieri fac . 40 s. quos debet , &c. de auro suo , de ( 4 ) quodam fine 20 l. nobis solut . in hanaperio nostro , pro licentia habenda quod ipse terr . et ten . ab valorem annum 10 l. cuidam cantariae , ad altar . sancti georgii infra ecclesiam cathedralem cicestr . in com. sussex . dare possint et concedere . ita , &c. in octabis sancti hillarii praefatae reginae , &c. t. &c. per warr. praedictum 58. de bonis & catallis , &c. johannae quae fuit uxoris richardi yard armigeri de suss . in balliva tua fieri fac . 13 s. 4 d. quos debent , &c. de auro suo , de ( 4 ) quodam fine 10 marc . nobis solut . in hanaperio nostro , pro licentia habenda , quod ipsa maner . de tongwoke & alia terras & tenementa quae de nobis tenet in capite in com. praedicto gilberto yard filio suo dare possit et concedere . ita , &c. in quindena sancti hillarii praefatae reginae , &c. per warr. praedictum , rotulo praedicto . de bonis & catallis abbatis & conventus de ev●sham , in balliva tua fieri fac . 13 s. 4 d. quos debent , &c. de auro suo , de ( 4 ) quodam fine 10 marc . nobis solut . in hanaperio nostro , pro confirmatione chartarum diversorum progenitorum nostrorum quondam regum angliae habend . ita , &c. oct. sancti hillarii praefatae reginae , &c. t. &c. per warr. praedictum in rotulo praedicto . de bonis & catallis , terris & tenementis johannis s●orlow nuper unius jur. de quadam inquisitione inter robertum martyn quer. & henricum gray de keteringam gen. capt . de placito transgressionis , necnon willielmi price de hetterset in dicto com. norff. gen. & thomae saive in eodem com. gen. ( 5 ) plegiorum praebict . johannis 20 s. quos debent , &c. de auro suo , de ( 4 ) quodam fine 10 l. nobiscum facto , tam pro bonis et catallis suis nobis forisfact . quam pro extirpatione terrarum et tenementorum suorum , necnon pro imprisonamento corporis sui ratione falst sacramenti sui per ipsum et socios suos in placito praedicto facti , unde per quandam jur. 24 militum inde inter ipsos capt . convictus est , & ( 4 ) se posuit a● gratiam nostram . et de bonis , &c. johannis super nuper alterius jur. praedictorum , necnon plegiorum praedictorum in dicta balliva tua fieri fac . 26 s. 8 d. quos debent , &c. de auro suo , de ( 4 ) quodam fine 20 marc . nobiscum facto pro consimili . et de bonis , &c. roberti pyrle nuper tertii jur. praedictorum , necnon johannis pelley de hardwick in dicto com. norff. armigeri , & johannis ryley de carbrook in eodem com. gen. ( 5 ) plegiorum praedicti roberti in dicta balliva tua fieri fac . 26 s. 8 d. quos debent , &c. de auro suo , de ( 4 ) quodam fine 20 marc . nobiscum facto pro consimili . et de bonis , &c. jacobi charter nuper alterius jur. praedictorum , necnon richardi mountaine de carbrook in dicto com norff. armigeri , & johannis andrew de london haberdasher , plegiorum praedicti jacobi in dicta balliva tua fieri fac . 20 s. quos debet , &c. de auro suo , de ( 4 ) quodam fine 10 l. nobiscum facto pro consimili . et de bonis , &c. roberti richmondi nuper alterius jur. praedictorum , necnon praedicti willielmi price gen. & roberti storer de moryngthorp in dicto com. norff. gen. plegiorum praedicti roberti richmond in dicta balliva tua fieri fac . 40 s. quos debet , &c. de auro suo de ( 4 ) quodam fine 20 l. nobiscum facto pro consimili . et de bonis , &c. nich●lai bishop nuper alterius jur. praedictorum , necnon thomae brampton de hersham in dicto com. norff. gen. & simon gumore de east beckingham in dicto com. norff. gen. plegiorum praedicti nicholai in dicta balliva tua fieri fac . 26 s. 8 d. quos debet , &c. de auro suo , de ( 4 ) quodam fine 20 marc . nobiscum facto pro consimili . ita , &c. per rotulum de finibus amerc . necnon catall . fugitivorum coram rege de termino sanctae trinitatis anno septimo regis nunc . de bonis & catallis praesidentis et scholarium collegii sanctae mariae magdalenae oxon. in balliva tua fieri fac . 20 s. quos debent , &c. de auro suo , de ( 4 ) quodam fine 10 l. nobis solut . in hanaperio nostro , pro confirmatione chartarum diversarum progenitorum nostrorum quondam regum angliae habenda . ita , &c. teste , &c. per origin . praedicto rotulo 59. de bonis & catallis burgens . tenentium , residentium & inhabitantium villae de doncaster in com. praedicto , in balliva tua fieri fac . 26 s. 8 d. quos debent , &c. de auro suo , de ( 4 ) quodam fine 20 marc . nobis solut . in hanaperio nostro , pro quadam charta nostra de ejusdem libertate habend . ita , &c. in octab. sancti hillarii praefatae reginae , &c. t. per warr. praedictum rotulo praedicto . ad quem diem vic. non returnavit brev . ideo , &c. ita , &c. in crastino clausi paschae anno nono regis nunc , &c. de bonis & catallis abbatis & conventus domus sive ecclesiae beatae mariae , de bonis & catallis , &c. david ap johann persona ecclesiae de acton burnell , & willielmi tagge persona ecclesiae de norton in habes . in balliva tua fieri fac . 13 s. 4d . quos debent , &c. de auro suo , pro ( 4 ) quodam fine 10 marc . nobis solut . in hanaperio nostro , pro licentia habenda quod ipsi manerium de areley cum pertinentiis in com. suff. quod de nobis tenetur in capite , dare possint et concedere thomae litlelow & aliis , & haeredibus ipsius thomae tenend . de nobis & haeredibus nostris per servitia inde debita , & de jure consueta imperpetuum . ita , &c. ad diem praedictum . et per warr. praedictum rotulo 90. rex vicecomiti salutem ; de bonis & catallis , &c. richardi nevill comitis warr. in balliva tua fieri fac . 26 s. 8 d. quos debet , &c. de auro suo , de ( 4 ) quodam fine 20 marc . solut . in hanaperio nostro , pro licentia habenda , ut ipse idem comes seu alii quicunque terras , tenementa , redditus , revers . servitia , annuitates , & alias possessiones quaecunque ad valenc . 10 marc . per annum , cuidam capellano cantariae ad altare beatae mariae virginis in ecclesia parochial . apostolorum petri & pauli de olney in dicto com. buck juxta ordinationem praedicti comitis in hac parte habend . imperpetuum ibidem celebraturum , & successoribus suis , dare , concedere , legare & assignare possit . ita , &c. in crastino sancti michaelis , &c. t. &c. per origin . de anno quinto regis edw. 4. rot. 90. de bonis & catallis , terris & tenementis prioris & canonicorum de bridlington , & ejusdem loci conventus , in balliva tua fieri fac . 16 s. quos debent , &c. de auro suo , de ( 4 ) quodam fine 18 l. solut . in hanaperio nostro , pro confirmatione quarundam chartarum et literarum patentium di●ersorum progenitorum nostrorum de diversts libertatibus et franches . nuper priori , canonicis , & convent . loci praedict . & successoribus suis concess . nuper confectarum habend . ita , &c. ad diem praedictum , t. &c. warr. praedict . rotulo 91. de bonis & catallis , terris & tenementis reginaldi collyer nunc prioris ecclesiae sancti bartholomaei de smithfield , & ejusdem loci conventus , ac magistri & fratrum hospital . sancti bartholomaei in balliva vestra fieri fac . 13 s. 4 d. quos debent , &c. de auro suo , de ( 4 ) quodam fine 10 marc . solut . in hanaperio nostro , pro confirmatione quarundam chartarum diversorum progenitorum nostrorum quondam regum angliae , de diversts concessionibus et confirmationibus nuper priori & conventui loci praedicti , ac nuper magistro & fratribus ejusdem loci & successoribus suis factis nuper confectarum habend . ita , &c. ad diem praedictum . t. &c. per warr. praedictum rotulo 91. de bonis & catallis , terris & tenementis abbatis & conventus de seleby in balliva tua fieri fac . 26 s. 8 d. quos debent , &c. de auro suo , de ( 4 ) quodam fine 20 marc . solut . in hanaperio nostro , pro confirmatione quarundam chartarum et literarum patentium diversorum progenitorum nostrorum quondam reguin angliae , de diversis concessionibus et confirmationibus nuper abbati & conventui loci praedicti & successoribus suis factis nuper confect●rum habend . ita , &c. ad diem praedictum . t. &c. per warr. praedictum rotulo 91. de bonis & catallis , terris & tenementis abbatis & conventus de croyland , in balliva tua fieri fac . 53 s. 4 d. quos debent , &c. de auro suo , de ( 4 ) quodam fine 40 marc . nobis solut . in hanaperio nostro , pro custodia dictae abbatiae et omnium temporalium esusdem , cum omnibus bonis et rebus ad abbatiam praedictam spectantibus tempore vacationis ejusoem habend . ita quod denar . &c. ad diem praedictum . t. &c. per warr. praedictum rotulo 38. de bonis & catallis , terris & tenementis richardi fowler , & thomae wood , in balliva tua fieri fac . 13 s. quos debet , &c. de auro suo , de ( 4 ) quodam fine 10 l. nobis solut . in hanaperio nostro , pro tribus brevibus de con . habend . ita , &c. in octabis sancti hill●rii praefatae consorti nostrae , &c. t. &c. per origin . de anno sexto regis nunc rotulo 64. de bonis & catallis , terris & tenementis oliveri dinham clerici , in balliva tua fieri fac . 20 s. quos debet , &c. de auro suo de ( 4 ) quodam fine 10 l. nobiscum facto , pro licentia conc . cum fulcone bourchier armigero , fil . & haered . willielmi bourchier domini fitz warren militis , de placito conde maneriis de clyfford , combe , tynehode , sutton , littlynescomb , & westgrene , cum pertinentiis , ac aliis maneriis , terris & tenement . cum pertinentiis in com. devon. wiltes . somerset . & cornub. ita quod denar . illos , &c. in octab. sancti hillarii praefatae consorti nostrae , &c. t. &c. per rotulum de finibus de banco de termino paschae anno sexto regis nunc , &c. de bonis & catallis , terris & tenementis anthonii wydenyledin de scales in balliva tua fieri fac . 40 s. quos debet , &c. de auro suo , de ( 4 ) quodam fine 20 l. nobiscum facto , pro licenc . conc . cum simone baxter et gilberto hogh de placito convenc . de manerio de midletone , & aliis maner●is , cum pertinentus in com. norff. suff. glouc. essex et hertford . ita , &c. in octabis sancti hillarii . t. &c. per rotulum de finibus de banco de termino sanctae trinitatis anno sexto . de bonis et catallis , terris et tenementis richardi illingworth militis in balliva tua fieri fac . 53 s. 4 d. quos debet , &c. de avro svo de ( 4 ) quodam fine 40 marc . nobis solut , in hanaperio nostro , pro tribus brebibus de conc. habend . ita , &c. in crast . clausi paschae anno octavo praefatae consorti nostrae , &c. t. &c. per orig. de anno septimo regis nunc rotulo 60. de bonis et catallis , terris et tenementis roberti de mitcham de egham in dicto com. surr. yeoman , in balliva tua fieri fac . 26 s. 8 d. quos debet , &c. de avro svo de ( 4 ) quodam fine 20 marc . nobiscum facto . de bonis et catallis , &c. mariae de stoneley in balliva tua fieri fac . 100 s. quos debet , &c. de avro svo de ( 4 ) quodam fine 50 l. nobis solut . in hanaperio nostro pro licenc . habend . perquirend . terras et ten . ad valorem 10 marc . per annum habend . st●i et successoribus suis imperpetuum . ita , &c. in octabis sancti hillarii praefatae reginae , &c. t. &c. per warr. praedictum rotulo praedicto . de bonis et catallis willielmi carrent armigeri , johannis carrent sen . armigeri in balliva tua fieri fac . 20 l. quas debet , &c. de avro svo de ( 4 ) quodam fine 200 l. nobis solut . ad recept . scaccarii nostri , pro custodia tam willielmi filii et haeredis johannis filtoll armigeri defuncti . quam omnium maneriorum , terrarum et tenermentorum quae fuerunt ejusdem haeredis . ita , &c. in crastino clausi pasche anno nono praefatae reginae &c. t. &c. per origin . de anno septimo regis nunc , rotulo 10. de bonis et catallis , terris et tenementis johannis dynham armigeri & elizabethae quae fuit uxor johannis ratteclyff de fitzwater armigeri in balliva tua fieri fac . 4 l. quas debet , &c. de avro svo pro ( 4 ) quodam fine 40 marc . nobiscum facto , pro licenc . conc . cum richardo illingworth milite . johanne say milite , et thoma vrsewick , de placito convenc . de maneriis de hetingynal et dis . cum pertinentiis in dicto com. suff. & com. essex ; ita , &c. per rotulum de finibus de banco de termino paschae anno septimo regis nunc sub signo norff. suff. & essex . ad quem diem vic. non return . brev . ita , &c. in octabis sancti hillarii anno octavo regis nunc ; ad quem diem vic. non return . brev . ita , &c. ideo , &c. in crastino clausi paschae anno nono regis nunc . de bonis et catallis , &c. johannis cheyne armigeri in balliva tua fieri fac . 16 s. quos debet , &c. de auro suo , pro ( 4 ) quodam fine 18 l. nobiscum facto , pro licenc . conc . cum margareta quae fuit uxor roberti hungerford militis , et anna uxore ejus , de manerio de lemanca cnm pertinentiis , & ●al . terr . ibidem et alibi . ita , &c. per warr. praedictum . de bonis , &c. johannis sydenham junior de orchard in com. somerset , et richardi fowler de weston in com. oxon. in balliva tua fieri fac . 26 s. quos debent , &c. de avro svo , de ( 4 ) quodam fine 20 marc . nobis solut . pro custodia isabellae consanguinei et haeredis mauritii laryver armigeri , quod de h. 6. nuper de facto et non de jure rege angliae tenuit in capite die quo obiit , quae per mortem praedicti mauritii , ac ratione minoris aetatis ipsius isabellae ad manus nostras devenit , seu devenire deberet : habend . praefatis johanni et richardo , dura●te minori aetate praedictae isabellae absque disparagacione . ita , &c. per origin . de anno sexto regis nune rotulo 11. de bonis , &c. quae fuerunt petri arderne militis , nuper unius justic . nostrorum de banco , necnon richardi parnell de london . gen. et johannis mille de london gen. ( 5 ) manucapt . praedicti petri in balliva tua fieri fac . 53 s. 4d . quos debent , &c. de avro svo de ( 4 ) quodam fine 40 marc . praemanibus solut . pro custodia omnium terrarum et tenementorum quae fuerunt thomae skreene defunct . quae per mortem dictae thomae , aut ratione minoris aetatis johannis skreene filii et haeredis johannis skreene defunct . qui de nobis tenuit in capite die quo obiit , infra aetatem et in custodia nostra existente , ad manus nostras devenerunt . ita , &c. per orig. praedictum rot. 12 , de bonis , &c. h●gonis fenne et willielmi essex in balliva tua fieri fac . 26 l. 13 s. 4 d. quos debent , &c. de avro svo , de ( 4 ) quodam fine 400 marc . nobis praemanibus solut . pro custodia omnium dominiorum , maneriorum , terrarum , reddituum , et servitiorum ac reversionum cum pertinentiis quae fuerunt nicholai carew armigeri defuncti , quae de nobis tenuit in capite die quo obiit , et quae per mortem ejusdem ; ac ratione minoris aetatis nicholai , &c. in manibus nostris existunt ; ac pro maritagio ejusdem nicholai fil . absque disparagacione ; ita , &c. per orig. praedictum rotulo praedicto . de bonis , &c. magistri thomae kente utriusque juris doctor . clerici consilii nostri , et roberti kent in legibus baccallarii , cur. cantnar . procuratoribus generalibus in balliva tua fieri fac . 40 s. quos debent , &c. de avro svo , de ( 4 ) quodam fine 20 l. nobis solut . in hanaperio nostro , pro licentia habend . ut ipsi ten . terras , possessiones , redditus et servitia , cum suis pertinentiis ad valorem an . 20 l. ●uidam capellano perpetuo cujusdam cautariae perpetuae dibina singulis diebus ad altare com. praedict . celebratur . dare , concedere et assignare possint ; ita , &c. per orig. praedictum rotulo 60. de bonis , &c. willielmi canings mercatoris villae regis nostrae praedictae in balliva tua fieri fac . 40 s. quos debent , &c. de avro svo , de ( 4 ) quodam fine 20 l. nobis solut . in hanaperio nostro , pro licenc . habenda , ut ipse terras , ten . reddit . et possessiones quascunque ad valorem 10 l. per an . ●uidam capellano cujusdam cantariae in ecclesia beatae mariae de redecliff in bristollia dibina ad altare sanctae katherinae in eadem ecclesia singulis diebus imperpetuum celebratur . dare possit et concedere . ita , &c. per warr. praedictum ro●ulo praedicto . de bonis , &c. thomae mossen , thomae wallyene , et johannis wallyene in balliva tua fieri fac . 14 s. quos debent , &c. de avro svo , de ( 4 ) quodam fine 17 l. nobis solut in hanaperio nostro , pro licenc . habend . quod ipsi unum mess . tres virgat . et viginti acras terrae , 10 acras prati , et 20 acr . pastur . cum pertinentiis in frank●en . quae valent per annum 30 s. 4 d. ac unum mess . cum pertinentiis in coventre quod valeat per annum 10 s. priori et conventui de coventr . habend . stbi et successoribus suis , dare possint et assignare : ita , &c. per orig. praedictum rotulo 61. de bonis et catallis , terris et tenementis communitat . civitatis bathoniae in balliva tua fieri fac . 13 s. 4 d. quos debent , &c. charissimae consorti nostrae elizabethae regina angliae de avro svo , de ( 4 ) quodam fine 10 marc . nobis solut . in hanaperio nostro , pro confirmatione tam quarundam cartarum et literarum patentium h. 4 , h. 5 , & henrici 6. nuper de facto et non de jure rege angliae , diversis concessionibus et confirmationibus nuper civibus civitatis praedictae nuper confectarum habend . ita quod denarios illos habeas ad scaccarium nostrum apud westm . in crastino sancti michaelis praefa●ae consorti nostrae , seu ejus in hac parte ( 5 ) receptori tunc ibidem solvend . et habeas ibi tunc hoc breve . t. r. illingworth milite apud westm. 20 die julii anno regni nostri septimo , per orig. de anno sexti regis nunc , rotulo 62. de bonis et catallis , &c. tam reverendissimi in christo patris georgii archiepiscopi eborum , johannis comitis wygorn . johannis domini le scrop de bolton , thomae lumley militis domini lumley , thomae lumley militis , roberti danby militis , capit. justic . nostri de communi banco , jacobi strongwash militis , christopheri co●iers militis , roberti claxton militis , willielmi lambert clerici , guidonis fairfax , johannis kateryck , & johannis hewyck , quam radulphi comitis westmerl . et margaretae uxoris ejus in balliva tua fieri fac . 100 s. quos debent , &c. de auro suo de ( 4 ) quodam fine de 50 marc . nobis per ipsos solut . in hanaperio nostro , pro pardonacione habend . de quibusoam transgressionibus per ipsos factis , adquirend . sibi et haeredibus suis de praedicto comite westmerl . diversa maneria cum pertinentiis in com. praedicto , et in com. lincoln . quae de nobis tenentur in capite , sine licentia nostra ; ita , &c. ad diem praedictum , et per orig. praedictum rotulo 63. ad quem diem vic. non return . breve . ideo , &c. ita , &c. in crastino clausi paschae , anno octavo regis nunc . de bonis , &c. simonis norwich armigeri in balliva tua fieri fac . 13 s. 4 d. quos debet , &c. de auro suo , de ( 4 ) quodam fine 10 marc . nobis solut . in hanaperio nostro pro licenc . habend . quod ipse unum toft . 85 acr . 3 rod. novem particatas et decem particatas in foresta nostra de rockingham , in quodam loco vocato the southside de totenhow , cum pertinentiis , quae de nobis tenentur in capite , tradere possit et concedere dilecto nobis in christo thomae buxhall magistro collegii beatae mariae virginis & omnium sanctorum de fodrenghay in com. praedicto ; et sociis ejusdem collegii & successoribus suis imperpetuum . ita , &c. ad diem praedictum per warr. praedictum in rotulo praedicto . de bonis , &c. johannis markham militis , capitalis justic , nostri de placito coram nobis tenend . assign . elizabethae quae fuit uxor hugonis hercey nuper de grove in dicto com. nott. armigeri , et unic . fil . et haeredis simonis de l●ke nuper de cotum in com. praedicto armigeri , richardi woughby armigeri , gerva●ii hercey , & galfr. stanton in balliva tua fieri fac . 26 s. 8 d. quos debent , &c. de auro suo de ( 4 ) quodam fine 20 marc . nobis solut . in hanaperio nostro pro licentia habend . quod ipsi terr . ten , reddit . & servic . ac alias possessiones cum suis pertinentiis , quae de nobis immediatè non tenentur in capite , ad valenc an . 100 s. ultra repryss . ●uidam capellano perpetuo cujusdam cantariae divina ad altare sanctae mariae virginis in ecclesia sancti martini de saundby in com. praedicto singulis diebus celebraturo imperpetuum , dare vel concedere possint . ita , &c. per warr. praedictum rotulo praedicto . de bonis , &c. richardi fryston clerici in balliva tua fieri fac . 34 s. quos debet , &c. de auro suo , de ( 4 ) quodam fine 17 l. nobis solut . in hanaperio nostro , pro pardonacione habend . de eo quod idem richardus de manerio de codford mariae , et de medietat . maneriorum de stepull langford , deen & grynsteed cum pertinentiis in com. praedicto in dominico suo ut de feodo seisitus ad usum milonis stepulton militis defunct . eadem maner . & medietates cum pertinentiis per quandam chartam suam dimisit , feofavit , & confirmavit praefato miloni habend . sibi & haered . de corpore suo legitimè procreat . licentia nostra inde non optenta . ita , &c. ad diem praedictum , per warr. praedictum rotulo praedicto . ad quem diem vic. non return . brev . ideo , &c. ita , &c. in crastino sancti michaelis anno 20. de bonis & catallis , &c. henrici pemerey in balliva tua fieri fac , 20 s. quos debent , &c. de auro suo , de ( 4 ) quodam fine 10 l. nobiscum facto pro quodam contemptu , quod non suscepit ordinem militarem ante festum ascensionis domini anno regni nostri quinto . ita , &c. in crastino clausi paschae anno 8. t. &c. per rotulum de * finibus milit. de armis quinto & sexto regis nunc . de bonis & catallis , &c. johannis stanhop armigeri in balliva tua fieri fac . 13 s. 4 d. quos debet , &c. de auro suo , de ( 4 ) quodam fine 10 marc . nobiscum facto pro consimili . ita , &c. ad diem praedictum . t. &c. per warr. praedict . de bonis & catallis , &c. agnetis fray viduae , & richardi danvers in balliva tua fieri fac . 40 s. quos debent , &c. de auro suo , de ( 4 ) quodam fine 20 l. nobis praemanibus ad recept . scaccarii nostri solut . pro custodia johannae unius filiarum & haered . roberti danvers militis defuncti , qui de nobis tenuit in capite die quo obiit , ac omnium terrarum & tenementorum quae per mortem ejusdem roberti de ratione minoris aetatis ejusdem johannae ad manus seu possessionem nostras devener . una cum maritagio ejusdem johannae absque disparagatione . ita , &c. in crastino clausi paschae anno septimo praefatae consorti nostrae , &c. t. &c. per origin . de anno septimo regis nunc rotulo 8. de bonis & catallis , &c. johannis say militis , necnon thomae leverthorpe de london . gen. & johannis ferraunt de eadem gen. ( 4 ) manucapt . praedict . johannis say militis , in balliva tua fieri fac . 6 l. 14 s. 4 d. quos debent , &c. de auro suo , de quodam fine 100 marc . nobis praemanibus solut . pro custodia omnium maneriorum & tenem . cum pertinentiis quae fuerint walteri ralegh armigeri defunct . quae de nobis tenuit in capite die quo obiit , & quae per mortem praefati walteri armig. ratione minoris aetatis johannae ralegh consanguin . & haeredis ejusdem walteri ad manus nostras devener . una cum maritagio ejusdem haered . absque disparagatione . ita , &c. ad diem praedictum . t. &c. per origin . praedictum rotulo 9. ad quem diem vic. non return . brev . ideo praes . vicecom . essex . in octabis sancti hillarii anno octavo regis nunc . ad quem diem vic. non return . brev . ideo praes . vicecom . essex . & hertford . in octabis sanctae trinitatis anno nono regis nunc , &c. de bonis & catallis , &c. willielmi broundon armig. marescal . nostr . coram nobis in balliva tua fieri fac . 20 s. quos debet , &c. de auro suo , de ( 4 ) quodam fine 10 l. nobiscum facto , pro eo quod non habuit in curia nostra coram johanne markham milite capital . justic . nostro , ad placita coram nobis tenend . assign . apud london . agnetam hakbirk de london . viduam , ad certum diem sibi per cur. ita , &c. in octabis sanctae trinitatis anno 8. t. &c. per rotulum de finibus & ejusdem catall . coram rege de anno sexto regis nunc . ad quem diem vic. non return . breve . ideo , &c. in octabis sancti hillarii anno 8 , regis nunc , &c. ad quem diem vic. non return . brev . ideo , &c. ita , &c. in crastino clausi paschae anno nono regis nunc , &c. rex vic. salutem . de bonis & catallis , terris & tenementis thomae h●o armigeri , in balliva tua fieri fac . 21 s. 8 d. quos debet charissimae consorti nostrae elizabeth reginae angliae de auro suo , de ( 4 ) quodam fine 10 l. 16 s. 8 d. nobiscum facto , pro 17. brevibus de conc . habend . 24 die octobris anno regni nostri 8. ita , &c. in crastino sancti michaelis anno nono praefatae consorti nostrae , sive ejus in hac parte ( 5 ) receptori tunc ibidem solvend . t. &c. per origin . de anno 8. regis nunc rotulo 73. ad quem diem vic. non return . brev . ideo , &c. in octabis sanctae trinitatis anno 10 regis nunc . de bonis & catallis , terris & tenementis willielmi comitis pembrook in balliva tua fieri fac . 20 s. quos debet , &c. de auro suo , de ( 4 ) quodam fine 10 l. nobiscum facto , pro breve de conc . habend . 16 de octobris anno octavo . ita , &c. in crastino sancti michaelis consorti nostrae , &c. t. &c. per warr. praedictum rotulo praedicto . ad quem diem vic. non return . brev . ideo , &c. ita , &c. à die sanctae trinitatis in 15 dies , anno decimo regis nunc , &c. de bonis & catallis , &c. charissimi consanguinei nostri johannis ducis norff. & elizabeth . uxoris ejus , in balliva tua fieri fac . 20 s. quos debent , &c. de auro suo , de ( 4 ) quodam fine 20 l. nobis solut . in hanaperio nostro , pro licentia habend . quod ipsi castrum , manerium , dominium & burgum de chepstou , & alia maneria & dominia cum pertinentiis in marchibus walliae com. glouc. adjacen . quae de nobis tenentur in capite , dare possint et concedere charissimo consanguineo nostro willielmo comiti pembrook , habend . sibi & haeredibus suis . ita , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per origin . praedictum rotulo 74. de bonis & catallis , &c. charissimi consanguinei nostri johannis comitis wigorn. in balliva tua fieri fac . 13 s. 4 d. quos debet , &c. de auro suo , de ( 4 ) quodam fine 10 marc . nobis solut . in hanaperio nostro , pro pardonatione nostra habend . de offens . et transgres . quem fecit ducendo uxorem elizabeth . quae fuit uxor rogeri corbet de norton militis defunct . ita , &c. in crastino , &c. praefatae consorti , &c. t. &c. per warr. praedict . rotulo praedicto . ad quem diem vic non return . brev . ideo , &c. ita , &c. in octabis sanctae trinitatis anno 10. regis nunc . de bonis & catallis , &c. henrici borman magistri domus eleemosinarum sanctorum johannis baptistae & johannis evangelistae de shirebourne , & fratrum ejusdem domus in balliva tua fieri fac . 52 s. quos debent , &c. de auro suo , de ( 4 ) quodam fine 26 l. nobiscum facto in hanaperio nostro , pro licentia habend . quod ipsi terras & tenement . quae de aliis quam de nobis tenentur in socagio vel burgagio usque ad valorem 14 l. per annum sibi & successoribus suis imperpetuum adquirere possint ad manum mortuam . ita , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per origin . praedictum rotulo 75. ad quem diem vic. non return . brev . ideo , &c. ita , &c. à die sanctae trinitatis anno nono regis nunc . de bonis & catallis , &c. abbatis de abindon , & ejusdem loci conventus in balliva tua fieri fac . 13 s. 4 d. quos debent , &c. de auro suo de ( 4 ) quodam fine 10 marc . nobiscum facto in hanaperio nostro , pro confirmat . quarundam cartarum et literarum patentium diversorum progenitorum nostrorum de diversis concessionibus et confirmationibus nuper abbatibus et conventui loci praedicti factis nuper confectarum . ita , &c. ad diem praedictum praefatae consorti , &c. t. &c. per warrantum praedictum rotulo praedicto . de bonis & catallis johannis markham militis nuper capital . justic . nostri london . placita coram nobis tenend . assign . in balliva tua fieri fac . 24 s. quos debet , &c. de auro suo , de ( 4 ) quodam fine 12 l. 11 s. nobiscum facto in hanaperio nostro , pro licenc . habend . quod ipse , haeredes , executores & assign . suis , et eorum quilibet terr . & ten . quae de nobis immediatè non tenentur in capite , ad valorem 10 marc . per annum , ultra repris . cuidam capellano perpetuo cujusdam cantariae perpetuae divina singulis diebus ad altare beatae mariae virginis , & sanctorum michaelis archang . johannis baptistae , & johannis evangelistae in ecclesia paroch . de segbrook in com. lincoln . juxta ordinac ▪ praedicti johannis in hac parte faciend . dare possit vel possint : ita , &c. ad diem praedictum praefatae consorti , &c. teste , &c. per origin . praedictum rotulo 76. de bonis et catallis , &c. henrici fitz-hugh militis in balliva tua fieri fac . 53 s. 4 d. quos debet , &c. de auro suo de ( 4 ) quodam fine 40 marc . nobis solut . in hanaperio nostro , pro licentia habenda , quod ipse , haered . et executores sui , terras , ten . et redditus cum pertinentiis , ad val . 40 l. per annum ultra repris . quae de nobis non tenentur in capite duobus capellanis perpetuis divina singulis diebus in capella sancti johannis apostoli et evangelistae in castro sive manerio de ravenwash in com. praedicto , dare et concedere possint et possit ; ita , &c. in crastino sancti michaelis praefat . consorti , &c. t. &c. per warr. praedictum rotulo praedicto . de bonis et catallis , &c. principalis et communitatis vicariorum ecclesiae sanctae trinitatis cicestren . in balliva tua fieri fac . 4 l. quas debent de auro svo de ( 4 ) quodam fine 10 l. nobis solut . in hanaperio nostro pro licenc . habend . quod ipsi aut eorum successor . terras , ten . et reddit . usque ad valorem 40 marc . per annum ultra repris . adquirere et recipere possint ; habend ▪ sibi et successoribus suis imperpetuum ad manum mortuam ; ita , &c. in crastino sancti michaelis praefatae consorti , &c. t. &c. per warr. praedictum rotulo praedicto . ad quem diem vic. non retorn . brev . ideo , &c. in mens . pas . anno 10 regis nunc . de bonis et catallis , &c. roberti ingelton domini manerii de thornton in com. buck. in balliva tua fieri fac . 100 s. quos debet , &c. de auro suo de ( 4 ) quodam fine , &c. capell . perpetuis cujusdam cantariae perpetua divina singulis diebus in eclesia paroch . de thornton praedict . imperpetuum celebrat . & successor . suis , terras , ten . et alias possessiones ad valorem 20 l. per annum ultra repris . quae de nobis non tenentur in capite perquirrere possint et possit , habend . sibi et successoribus suis ad manum mortuam ita , &c. in clausi s. michaelis praefatae consorti , &c. t. &c. per warr. praedictum rotulo praedicto ; ad quem diem vic. non return . brev . ideo , &c. in mens . anno 10. regis nunc . &c. de bonis et catallis , &c. mauricii berkeley armigeri in dicto com. buck in balliva tua fieri fac . 40 s. quos debet , &c. de auro suo de quodam fine 20 l. nobis praemanibus solut . pro custod . omnium maneriorum terrarum , reddit . serviciovum , possessionum et haereditamentorum , cum pertin , quae de nobis tenuit in capite , et quae per mortem ipsius richardi , et ratione minoris aetatis walteri punckherton filii et haeredis praedicti richardi ad manus nostras devener . una cum maritagio ejusdem haered . ita , &c. in octabis sancti hillarii anno nono praefatae consorti , &c. t. &c. per orig. de anno 8. regis nunc rotulo 11. ad quem diem vicecom . non return . breve . ideo , &c. ita in octabis sanctae trinitatis , anno 10. regis nunc . de bonis & catallis , terris et tenementis johannis ducis norff. nuper de framengham in com. norff. & elizabethae uxoris ejus , necnon nichola●i gresley de drakblow in praedicto com. derb. gent. & johannis benne de re slaston in eodem com. yeoman , ( 5 ) plegiorum praedictorum johannis & elizabethae in balliva tua fieri fac . 20 s. quos debent charissimae consorti nostrae elizabethae reginae angliae de auro suo de ( 4 ) quodam fine 10 l. nobiscum facto , pro quadam transgression . thomae dawson vi et armis factae , unde convicti sunt . ita , &c. in octabis sanctae trinitatis anno decimo praefatae consorti nostrae , &c. t. &c. per rotulum de finibus exit . & amerc . vic. de banco de termino sancti michaelis , & sancti hillar . anno nono ejusdem regis . de bonis et catallis , terris et tenementis quae fuerunt willielmi nuper comitis pembrook in balliva tua fieri fac . 30 s. quos debet , &c. de avro svo de ( 4 ) quodam fine 15 l. nobiscum facto ( 4 ) pro licentia concordan . cum johanne duce norff. & elizabetha uxore ejus , & aliis de placito convenc . de castro & manerio de swansey , et aliis castris , dominiis , maneriis , terris , et tenementis cum pertinentiis in marchia walliae , com. praedict . adjacen . ita quod denar . ill . &c. in crastino sancti michaelis anno decimo praefatae consorti nostrae , &c. t. &c. per rotul . de finibus exit . & amerc . de banco de termino michaelis & hillar . anno 8 paschae & sanctae trinitatis , anno nono . de bonis et catallis thomae becket in balliva tua fieri fac . 32 s. 8 d. quos debet , &c. de auro suo de ( 4 ) quodam fine 16 l. 6 s. 4 d. pro ( 4 ) licentia concordand . cum duce norff. & elizabeth . uxore ejus de placito conventionis de maneriis de vpton , seynt leonards cum pertinentiis in com. praedicto , & aliis maneriis , terris , et tenementis cum pertin . in diversis comitat. angl. ita , &c. t. &c. per warr. praedictum . de bonis , &c. thomae mountgomery militis in balliva tua fieri fac . 20 s. quos debet . &c. de auro suo , de ( 4 ) quodam fine 10l . pro licenc . concord . cum johanne mervey milite , & johanna uxore ejus , de placito convenc . de maneriis de legre , merney gippcrack , hordon , hause , et ardenhall cum pertinentiis , & aliis terris & ten . in com. essex , oxon. & buck. ita , &c. in crastino sancti michaelis praefatae consorti nostrae , &c. t. &c. per. warr. praedictum ; ad quem diem vic. non return . breve , &c. ita , &c. in crastino sancti michaelis anno 20. de bonis et catallis , terris et tenementis willielmi hyde armigeri , et johannis marshall civis & mercer london . necnon roberti collyns de london , — & richardi hill de london mercer , ( 5 ) manucapt . praedictorum willielmi hyde et johannis marshall in balliva tua fieri fac . 8 l. 14 s. 4 d. quos debent , &c. de auro suo , de ( 4 ) quodam fine 86 l. 14 s. 4 d. nobiscum facto , & ad recept . scaccarii nostri solvend . pro maritagio edwardi filii et haeredis richardi hatfield armigeri defuncti , & margaretae nuper uxoris ejus , infra aetatem , et in custodia nostra per mortem praedictae margaretae , ac ratione minoris aetatis praedicti edwardi nuper existen . ita , &c. in crastino sancti michaelis anno decimo praefatae consorti nostrae . t. &c. per origin . de anno 9. regis nunc rotulo 14. de bonis et catallis , terris et tenementis willielmi essex , & willielmi stocker , necnon johannis stocker de london draper , ( 5 ) manucapt . praedictorum willielmi & willielmi in balliva tua fieri fac . 66 s. 8 d. quos debent , &c. de auro suo de ( 4 ) quodam fine 33 l. 6s . 8d . nobiscum facto , & ad recept . scaccarii nostri solvend . pro maritagio johannis filii & haeredis thomae makery armigeri defuncti , infra aetatem , et in custodia nostra per mortem ejusdem thomae , ac ratione minoris aetatis dicti johannis nuper existen . ita , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per warr. praedictum rotulo praedicto . de bonis et catallis , terris et tenementis johannis cartnell clerici in balliva tua fieri ●ac . 30 s. quos debent , &c. de auro suo de ( 4 ) quodam fine 15 l. nobis solut . in hanaperio nostro . pro licentia perquirend . terras et ten . ad valorem 9 marc . per annum ultra repris . quae de nobis non tenentur , pro quadam cantaria perpetua de uno capellano perpetuo divina ad altare beatae mariae virginis in ecclesia de middleham , juxta ordinationem ejusdem johannis , vel executorum suorum in hac parte faciend . celebratur . imperpetuum habend . sibi et successoribus suis imperpetuum ad manum mortuam habend . ita , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per orig. praedicto rotulo 57. de bonis et catallis , terris et tenementis quae fuerunt nuper comitis pembrochiae in balliva tua fieri fac . 20 s. quos debet , &c. de auro suo de ( 4 ) quodam fine 10l . nobis solut . in hanaperio nostro , pro literis patentibus de confirmatione nostra tituli , status et possessionis praefati nuper comitis sibi et haeredibus suis , de et in castro , manerio , dominio et burgo de chepstone , & aliis castris , dominiis , maneriis , terris & ten . in dictis literis patentibus contentis habend . ita , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per orig. praedictum rotulo 58. de bonis et catallis , terris et tenementis th. mountgomery militis in balliva tua fieri fac . 13 s. 4d . quos debet , &c. de auro suo de ( 4 ) quodam fine 10 marc . nobis solut . in hanaperio nostro , pro brevi de conc . habend . ita , &c. ad diem praedictum praefatae consorti nostrae . t. &c. per origin . praedictum rotulo 59. de bonis & catallis , terris et tenementis thomae seymone militis in balliva tua fieri fac . 20 s. quos debet charissimae consorti nostrae elizabethae reginae angliae de avro svo de ( 4 ) quodam fine 10 l. nobiscum facto , ( 4 ) pro licencia concordandi cum edwardo hungerford et margeria uxore ejus de placito conventionis de maneriis de berton , staunton , fitzherberd , stoke , & magna durnford cum perinentiis in com. wiltes et somers . ita quod denarios illos habeas , &c. in crastino sancti michaelis praefatae consorti nostrae , sive ejus in hac ( 5 ) parte receptori tunc ibidem solvend . t. &c. per rotulum de finibus de banco de termino michaelis anno nono regis nunc sub signo wiltes . et somers . de bonis & catallis , terris et tenementis johannis comitis salop in balliva tua fieri fac . 6 l. quos debet , &c. de avro svo de ( 4 ) quodam fine 60 l. nobiscum facto , ( 4 ) pro licencia concordandi cum domino johanne markham milite , & aliis de placito conventionis de maneriis de whitchurch , blackmore , donnington , wrockwarreyne , chestwarden , sutton , maddock , tasseley , alberbury , et bitterly , cum pertinentiis in com. praedicto , et aliis maneriis in com. glouc. ita quod denarios illos habeas , &c. in crastino sancti michaelis praefatae consorti nostrae , &c. teste , &c. per warr. praedictum sub signo salop et glouc. de bonis et catallis , terris et tenementis willielmi marshall de newton et richardi clarell executorum testamenti thomae clarell nuper vicar . ecclesiae de ledes juxta rothwell in dicto com. eborum 26 s. quos debent , &c. de avro svo de ( 4 ) quodam fine 20 marc . nobiscum facto , pro licencia habend . quod quidam capellanus perpetua divina servitia in ecclesia praedicta singulis diebus et successoribus suis , juxta ordinationem execut. praedictorum in hac parte faciend . celebratur . imperpetuum , terras , ten . redditus & annuitates cum pertinentiis , ad valorem septem marcarum per annum ultra repris . perquirrere possint . habend . sibi & successoribus suis imperpetuum ad manum mortuam ; ita , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per origin . de anno decimo regis nunc rotulo 17. de bonis & catallis , terris et tenementis simonis hareby armigeri in balliva tua fieri fac . 18 s. 8 d. quos debent , &c. de avro svo de ( 4 ) quodam fine 14 marc . pro licentia concordandi cum johanne cave & johanne squire clerico , de placito conventionis de maneriis de westtoft , & holdeall in markham cum pertinentiis in com. norff. & aliis maneriis in com. essex ; ita , &c. in crastino clausi paschae anno 12. praefatae consorti nostrae , &c. t. &c. per rotulum de finibus de banco de termino sancti michaelis anno 11 regis nunc , &c. de bonis et catallis , terris & tenementis thomae legg de altone westbrook in com. praedicto yeoman , in balliva tua fieri fac . 20 s. quos debet , &c. de auro suo de quodam ( 4 ) fine 10 l. nobiscum facto , pro eo , quod ipse pro diversis insurrectionibus , conventiculis illicitis , feloniis , murdris , & aliis malefactis , indictatus existens coram justic . pacis ejusd . com. non comparuit coram nobis ad certum diem sibi praefixum ; ita , &c. in crastino clausi paschae praefatae consorti nostrae , &c. t. &c. per rotulum de finibus & amerc . fact . coram rege de termino sanctae trinitatis anno 14 regis nunc , &c. de bonis et catallis , terris et tenementis edwardi crook de huley in com. hertford clerici in balliva tua fieri fac . 40 s. quos debet , &c. de auro suo de ( 4 ) quodam fine 20 l. nobiscum facto , pro eo quod non comparuit coram nobis ad certum diem sibi praefixum , pro eo , quod ipse interim non prosequeret nec attemptaret per se nec per alios nomine suo in curia romana , nec in aliqua alia curia christianitatis citra mare vel extra aliquid in praejudicium nostrum , coronae regalis nostrae , aut laesionem legum nostrarum regni nostri angliae , contra statuta de provisionibus edito . ita , &c. in crastino clausi pascha praefatae consorti nostrae , &c. t. &c. per rotulum de finibus , amerc . & catall . fugit . coram rege de termino sanctae trinitatis anno nono regis nunc , &c. de bonis et catallis , terris et tenementis roberti bolt de london surgeon , unius ( 5 ) pleg . praedicti edwardi in balliva t●a fieri fac . 20s . quos debet , &c. de auro suo de ( 4 ) quodam fine 40 l. nobiscum fact . pro eo quod ipse edwardus coram nobis ad certum diem sibi praefixum non habuit ; ita , &c. ad diem praedictum praefato consorti nostrae , &c. per warr. praedictum . de bonis & catallis , terris & tenementis richardi satuard de colton in dicto com. norff. yeoman , unius ( 5 ) pleg . praedicti edwardi in balliva tua fieri fac . 20 s. quos debet , &c. de auro suo de quodam ( 4 ) fine 10 l. nobiscum facto pro consimili ; ita , &c. per warr. praedictum . de bonis et catallis , terris et tenementis sibillae quae fuit uxor mauricii powes nuper de b●dringham in com. praedicto widdow , in balliva tua fieri fac . 40s . quos debet , &c. de auro suo de ( 4 ) quodam fine 20 l. nobiscum facto , pro eo quod non comparuit coram nobis ad certum diem sibi praefixum , ad inveniend . sufficientem securitatem pacis erga johannem frensh et cunctum populum nostrum , prout sub recognitione pro se assumpsit ; ita , &c. in crastino clausi paschae praefatae consorti nostrae , &c. t. &c. per rotulum de finibus , amerc . & catall . fugit . coram rege de termino sancti hillarii nono regis nunc , &c. de bonis et catallis , terris et tenementis henrici bodrugan in com. praedicto armigeri , unius ( 5 ) pleg . praedictae sibillae in balliva tua fieri fac . 20 s. quos debet , &c. de auro suo , de ( 4 ) quodam fine 10 l. nobiscum facto , pro eo quod ipse ipsam sibillam coram nobis ad certum diem sibi praefixum non habuit , prout sub recogn . pleg . ita , &c. ad diem praedictum praefat . nostr . &c. t. &c. per warr. praedictum . de bonis et catallis , terris et tenementis johannis bingthon de london gen. alterius ( 5 ) pleg . sibillae in balliva tua fieri fac . 20 s. quos debet , &c. de auro suo , de ( 4 ) quodam fine 10 l. nobiscum facto , pro eo quod ipte ipsam sibillam coram nobis ad certum diem sibi praefixum non habuit , prout sub recogn . pleg . ita , &c. in crastino clausi pascha praefatae consorti nostrae , &c : t. &c. per rotulum de finibus , amerc . et catall . fugitivorum coram rege de termino sancti hillarii anno nono regis nunc . de bonis et catallis , terris & ten . venerabilis in christo patris laurencii episcopi dunolm . in balliva tua fieri fac . 70 l. quas debet , &c. de auro suo de quodam ( 4 ) fine 300 l. nobis ad recept . scaccarii nostri praemanibus solut . pro manerio de milton cum pertinentiis in com. cant. una cum advocatione ecclesiae de milton praedict , quae nuper fuer . richardi low armigeri , qui nobis forisfecit ; & pro aliis terris & ten . quae nuper fuerunt johannis stanley armigeri , fil . johannis stanley armiger , quae erga nos forisfecit , praefato episcopo , haered . & assign . suis imperpetuum per nos nuper concessis ; ita , &c. in crastino sancti johannis baptistae anno 12. praefatae consorti nostrae , t. &c. per orig. de anno 11 regis nunc rotulo 51. de bonis et catallis , terris et tenementis johannis boothe episcopi exon. johannis comitis wiltes . & willielmi dudley clerici in balliva tua fieri fac . 13 s. 4 d. quos debent , &c. de auro svo de ( 4 ) quodam fine 10 l. nobis solut . in hanaperio nostro pro brebi de conc . habend . ita , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per orig. praedictum rotulo 78. de bonis et catallis , terris et tenementis margaretae quae fuit uxor roberts nuper domini hungerford militis , johannis cheyney de pine armigeri , & johannis mervyn armigeri , in balliva tua fieri fac . 8 l. quos debent , &c. de avro suo , de ( 4 ) quodam fine 120 marc . nobis solut . in hanaperio nostro pro licentia habend . quod ipsi dare possint et concedere custodi , & duobus viris pauperibus , & uni mulieri perpetuis cujusdam domus eleemosin . apud heightsbyry in com. praedicto , manerium de cheverell , halos , cum pertinentiis in heightbury praedicta habend . una cum 20 carectatis bosci pro focali suo in bosco de southlegh annuatim eisdem custodi , pauperibus & mulier . & successoribus suis imperpetuum , ad manum mortuam ; ita , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per orig. praedictum rotulo 69. de bonis et catallis , terris et tenementis praedictorum margaretae , johannis & johannis mervyn in balliva tua fieri fac . 8 l. quos debent , &c. de avro svo de ( 4 ) quodam fine 120 marc . nobis solut . in hanaperio nostro , pro licentia habend . quod ipsi maner . de immer cum pertinentiis in com. praedicto , ac advocationem liberae capellae in eodem manerio , & alias terras & ten . in literis nostris patentibus eis inde confectis contenta , decano et capitulo ecclesiae cathedralis beatae mariae sarum & successoribus suis dare possint et concedere , habend . ad manum mortuam imperpetuum ; ita , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per warr. praedictum rotulo praedicto . de bonis &c. magistri sive custod . collegii sancti johannis evangelistae de rushworth & fratrum ejusdem collegii in balliva tua fieri fac . 53 s. 4 d. quos debent , &c. de avro svo , de quodam ( 4 ) fine 40 marc . nobis solut . in hanaperio nostro , pro licentia habend . quod ipsi & successor . sui terras , ten . et reddit . cum pertinentiis ad valorem 40 marc . per annum adquirere possint , habend . sibi & successor . suis ad manum mortuam ; ita , &c. ad , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per warr. praedict . rotulo praedicto : ad quem diem vic. non return . breve ; ideo , &c. ita , &c. in crastino sancti michaelis anno 20. de bonis et catallis johannis kyngston prioris ecclesiae beatae mariae de m●rton et ejusdem loci conventus in balliva tua fieri fac . 40s . quos debent &c. de avro svo de ( 4 ) quodam fine 20 l. nobis solut . in hanaperio nostro pro confirmatione quarundam cartarum et literarum patentium diversorum progenitorum nostrorum nuper priori rt conventui loci praedicti nuper factarum habend . ita , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per warr. praedict . rotulo 80. de bonis et catallis , terris et tenementis praecharissimae consanguinei nostro thomae cardinalis cantuar. archiepiscopi in balliva tua fieri fac . 100 marc . quos debet , &c. de avro svo de ( 4 ) quodam fine 1000 marc ▪ nobis praemanibus solut . pro custodia omnium honorum , castrorum , dominiorum , maneriorum , terrarum et ten . quae fuerunt georgii nevile militis nuper de latimer defuncti ; ac henrici nevil militis filii ejusdem georgii , necnon johannae filiae ejusdem henrici similiter defunctorum . et quae tam post mortem ipsius georgii , quam post mortem ipsorum henrici et johannae ; ac ratione minoris aetatis richardi consanginei et haeredis ejusdem georgii ad manus nostras devenerunt ; ita , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per origin . praedictum rotulo 35. de bonis et catallis , terris et tenementis willielmi colles de wellys in dicto com. norff. yeoman , & isabellae uxoris ejus in balliva tua fieri fac . 40 s. quos debent , &c. de auro suo , de ( 4 ) quodam fine 20 l. nobiscum facto , pro eo , quod non comparuere coram nobis ad certum diem sibi praefixum ad inveniendum secur . pacis erga johannem de boulton et cunctum populum nostrum . et de bonis , &c. willielmi ferrence de kerbrook in dicto com. norff. yeoman , hugonis att●hill de eadem yeoman , johannis brom de dyngham in dicto com. norff. yeoman , henrici feyrhurst de reynham in eodem com. yeoman , & thomae collys de eysdeler , ( 5 ) plegiorum praedictorum willielmi collys & isabella uxoris ejus in dicta balliva tua , scilicet , cujuslibet eorum fieri fac . 20 s. quos debent , &c. de auro suo , de quodam fine 10 l. nobiscum per quemlibet eorundem pleg . facto , pro eo quod ipsi ipsos willielmum collys & isabellam uxorem ejus coram nobis tunc non habuerunt . ita quod denar . &c. in crastino s. michaelis praefatae consorti nostrae , &c. t. &c. per quandam codicillatum de fine & amerc . fugitivorum coram rege termino paschae anno 12. regis nunc , &c. rex vicecomiti salutem ; de bonis & catallis , terris & tenementis johannis , rogeri , & rogeri appleton , necnon johannis adam de london . merchant , & ed. haddys de eadem gen. ( 5 ) manucapt . praedictorum johannis , rogeri , & rogeri , in balliva tua fieri fac . 4 l. quos debent , &c. charissimae consorti nostrae elizabethae reginae angliae de auro suo , de quodam fine 40 l. nobiscum facto , ( 4 ) pro custodia omnium terrarum et tenementorum cum pertinentiis quae fuerunt willielmi whetual nuper de london . defuncti , quae de nobis tenuit in capite die quo obiit , & quae pro fine post mortem ejusdem willielmi , ac ratione minoris aetatis willielmi whetual filii & haeredis praedicti willielmi patris , ad manus nostras devenerunt . ita quod denar . illos habeas , &c. in crastino purificationis beatae mariae virginis anno 12. praefatae consorti nostrae , &c. tunc ibidem solvend . t. &c. per rotulum memorand . de anno octavo regis nunc , michaelis recorda rotulo 49. de bonis & catallis , terris & tenementis magistri willielmi goodyer , magistri richardi brook clerici , & johannis cornwayle gent. necnon johannis ady de oxon. in com. oxon. yeoman , & johannis potman de parochia sancti sepulchri london . yeoman , ( 5 ) manucapt . praedictorum magistri willielmi , magistri richardi , & johanni cornwayle , in balliva tua fieri fac . 42 s. quos debent , &c. de auro suo , de quodam fine 21 l. tunc nobiscum facto , ( 4 ) pro custodia omnium temporalium et possessionum domus sive monasterii beatae mariae de osney juxta oxon. in com. oxon. nuper vacantis per dimissionem magistri johannis walton ultimo abbatis ibidem . ita quod denar . &c. ad diem praedictum praefatae consorti nostrae , &c. tunc ibidem solvend . t. &c. per rotulum memorand . de anno 12. regis nunc , michaelis record . rotulo 7. de bonis & catallis , terris & tenementis willielmi abbatis monasterii beatae mariae de jornall , & ejusdem loci conventus , in balliva tua fieri fac . 4 l. de auro suo , de quodam fine 40 l. nobis solut . in hanaperio nostro , ( 4 ) pro licentia habenda , quod ipsi & successores sui praedicti ecclesiam de ayonderby withstepill in dicto com. ebor. &c. liberam capellam de westwitton in eodem com. quae de nobis non tenentur , & quae de prioratu ipsorum abbatis & conventus existunt , sibi et successoribus suis appropriatas in proprios usus tenere et habere possint sibi et successoribus suis imperpetuum ad manum mortuam . ita quod denar . &c. de crastino sancti michaelis anno 13. praefatae consorti nostrae , &c. tunc ibidem solvend . t. &c. per origin . de anno 12. regis nunc rotulo 68. de bonis & catallis , terris & tenementis johannis keling clerici , in balliva tua fieri fac . 26 s. 8 d. quos debet , &c. de auro suo , de quodam fine 20 marc . nobis solut . in hanaperio nostro , ( 4 ) pro licentia habenda , quod capellanis cujusdem cantariae singulis diebus in ecclesia de magna bondom in dicto com. leic. juxta ordinationem praedicti johannis , executorum vel assign . suorum in hac parte faciend . imperpetuum celebratur . & success . suis terras , tenement . & redditus cum pertinentiis ad valorem 10 marc . per annum perquirere possint : habend . sibi & successoribus suis imperpetuum ad manum mortuam . ita quod denar . illos habeas , &c. in crastino animarum anno 14. praefatae consorti nostrae , &c. tunc ibidem solvend . t. &c. per origin . praedict . rotulo 68. de bonis & catallis , terris & tenementis christopheri ambrose in partibus florentiae oriund . in balliva tua fieri fac . 13 s. 4 d. quos debet , &c. de auro suo , de ( 4 ) quodam fine 10 marc . nobis solut . in hanaperio nostro , pro literis nostris patentibus de ipso christophero indigen . faciend . ita quod denar . &c. in crastino animarum anno 14 praefatae consorti nostrae , &c. tunc ibidem solvend . t. &c. per warr. praedictum , &c. ad quem diem vic. non return . brev . ideo praec . vic. villae sutht . ita , &c. in crastino sancti michaelis clausi paschae anno 19. de bonis & catallis , terris & tenementis johannis fortescue armigeri , & willielmi callow , necnon johannis wynter de london . gen. & johannis mortost de norwic. gen. ( 5 ) manucapt . praedictorum johannis fortescue & willielmi callow , in balliva tua fieri fac . 40 s. quos debent , &c. de auro suo , de ( 4 ) quodam fine 20 l. nobis ad recept . scaccarii nostri praemanibus solut . pro custodia johannis berney armigeri defuncti , qui quidem johannes filius infra aetatem existit , & cujus custodia ad nos pertinet , pro eo quod praedicti johannis pater de nobis ut de jure episcopatu● ecclesiae cathedralis norwic. ult . vacantis , ratione temporalium ejusdem episcopatus in manibus nostris nuper existen . vel aliàs die quo obiit tenuit per servic . militare , &c. pro maritagio ejusdem haeredis . ita quod denar . &c. in octabis sancti hillarii anno 14. praefatae consorti nostrae , &c. tunc ibidem solvend . t. &c. per origin . de anno 13 regis nunc rot. 9. de bonis & catallis , terris & tenementis radulphi josselyn militis , necnon thomae rowland de london . gen. & thomae dunyngton de eadem gen. manucapt . praedicti radulphi in balliva tua fieri fac . 53 s. 4 d. quos debent , &c. de auro suo , de ( 4 ) quodam fine 40 marc . nobis solut , in hanaperio nostro , pro custodia omnium dominiorum , maneriorum , terrarum et tenement . quae nuper fuerunt thomae sterne defuncti , quae de nobis tenuit in capite die quo obiit ; necnon henrici sterne fratris & haeredis , aut margeriae quae fuit uxor roberti sterne , qui similiter de nobis tenuit in capite die quo obiit , & quae post mortem ipsorum thomae , henrici & margeriae , sive eorum alicujus , ac ratione minoris aetatis dicti henrici sterne , aut henrici filii & haeredis dicti henrici sterne , consanguinei & haeredis ejusdem margeriae infra aetatem , & in custodia nostra existen . ad manus nostras devenerunt , una cum maritagio ejusdem haeredis . ita quod denar . &c. ad diem praedictum praefatae consorti nostrae , &c. tunc ibidem solvend . per origin . praedictum rotulo praedicto . rex vicecom . salutem . praecipimus vobis , &c. quod de bonis et catallis , terris et tenementis roberti episcopi bathon . et wellen. in balliva vestra fieri fac . 14 s. 8 d. quos debet charissimae consorti nostrae elizabethae reginae angliae de auro suo de ( 4 ) quodam fine 10 marc . nobis solut . in hanaperio nostro , pro brevi de con. habend . et de bonis et catallis , terris et tenementis praedicti episcopi in balliva vestra fieri fac . 52 s. quos debet praefatae consorti nostrae , de auro suo praedicto de ( 4 ) quodam fine 26 l. nobis similiter solut . in hanaperio nostro , pro quatuor hujusmodi brevibus habend . ita , &c. in crastino clausi paschae anno 14. praefatae consorti nostrae , &c. t. &c. per orig. de anno 12 regis nunc , rotulo 67. de bonis & catallis , terris et tenementis aliciae ducissae suff. johannis ducis suff. filii ejusdem ducissae , richardi flower cancellar . ducatus nostrae lancastr . & johannis broughton armigeri in balliva tua fieri fac . 46 s. 8 d. quos debent , &c. de auro suo de ( 4 ) quodam fine 35 marc . nobis solut . in hanaperio nostro , pro licentia habenda , quod gardiani , fratres et sorores cujusdam fraternitatis sive gyld . perpetua de duobus gardianis ac fratribus et sororibus de parochianis parochiae de leghton bostard in com. bed. et aliis qui ex eorum donatione de eadem fraternitate sive gild. esse volunt . in ecclesia parochial . de leghton bostard praedict . perpetuis futuris temporibus duratur . juxta ordinationem praedictorum ducissae , ducis richardi & johannis in ea parte faciend . factae & stabilitae , et successor . sui terras , ten . et redditus quae de nobis tenentur in capite , ad valorem decem marcarum per annum perquirrere possint , habend . eisdem gardianis , fratribus & sororibus , ac successores suis imperpetuum ad manum mortuam , in exhibitione unius capellani divina singulis diebus in ecclesia praedicta imperpetuum celebratur . ita , quod denar . &c. in quindena sancti johannis baptistae anno 14. praefatae consorti nostrae , &c. t. &c. per origin . de anno 13. regis nunc rotulo 14. de bonis et catallis , terris et tenementis alexandri clifford armig. in balliva tua fieri fac . 13 s. 4 d. quos debet , &c. de auro suo , de ( 4 ) quodam fine 10 marc . nobis solut . in hanaperio nostro , pro licentia habend . quod ipse manerium de sutton valenc . cum pertinentiis in com. praedict . excepta sua acra terrae in eodem manerio vocatur chartihurchcroft , dare possint & concedere willielmo hunt militi , & ad habend . et tenend . sibi et haeredibus et assignatis suis imperpetuum ; ita quod denarios illos , &c. in crastino sancti michaelis praefatae consorti , &c. t. &c. per origin . praedictum rotulo 64. de bonis et catallis , terris et tenementis abbatis et conventus monasterii beatae mariae de halesowen in com. praedicto in balliva tua fieri fac . 4 l. quos debent , &c. de auro suo , de ( 4 ) quodam fine 40 l. nobis solut . in hanaperio nostro , pro licentia habend . quod ipsi terras , tenement . vel redditus , ad valorem 10 l. per annum , ultra repris . tam de feodo proprio quam alieno adquirere possint , ad sustentationem unius capellani divina celebrantis annuatim in capella sancti kenelmi regis & martyris de kelmestowe ; ac ad reparationem ejusdem capellae ; habend . sibi et successoribus suis imperpetuum ad manum mortuam . ita quod denar . &c. in crastino sancti michaelis anno 44. praefatae consorti . t. &c. per warr. praedictum rotulo praedicto . de bonis et catallis , terris et tenementis richardi quatermayns , johannis leynton , johannis bennet et richardi fowler in balliva tua fieri fac . 48 s. quos debent , &c. de auro suo de ( 4 ) quodam fine 24 l. nobis solut . in hanaperio nostro , pro licentia habend . quod ipsi seu eorum aliquis manerium de wilbram cum pertinentiis in com. cant. dare possint et concedere thomae palmer capellano ecclesiae sive capellae sancti michaelis , * gloriosae et sanctae thomae martyris , per ipsos brianum et johannem creatae et stabilitae celebratur . terras , ten . reddit . servitia , et possessiones cum pertinentiis ad valorem annuum 10 l. ultra repris . habend . sibi et successoribus suis ad manum mortuam imperpetuum . ita quod denar . &c. in crastino , &c. teste , &c. per warrantum praedictum rotulo praedicto . de bonis et catallis , terris et tenementis johannis burre militis in balliva tua fieri fac . 20 s. quos debet , &c. de auro suo , pro ( 4 ) quodam fine 11 l. 11 s. nobis solut . in hanaperio nostro pro licene . habend . quod ipse terras , ten . et reddit . ad valorem 8 l. per annum ultra repris . dare possit et concedere cuidam capellano cujusdam cantariae perpetuae divina singulis diebus in ecclesia paroch . beatae mariae de selingre in dicto com. hereford . ad altare sanctae annae in eadem ecclesia celebratur . et successoribus suis ibi ad manum mortuant : ita quod denar . &c. ita , &c. in crastino sancti michaelis praefatae consorti , &c. t. &c. per warr. praedictum rotulo praedicto . de bonis et catallis , terris et tenementis nathanielis draper capell . & richardi galbred capell . in balliva tua fieri fac . 29 s. 4 d. quos debent , &c. de avro svo , de ( 4 ) quodam fine 14 l. 14 s. 4 d. nobis solut . in hanaperio nostro pro brebi de conc. habend . ita quod denar . &c. ita , &c. in crastino sancti michaelis praefatae consorti nostrae , &c. t. &c. per orig. praedictum rotulo praedicto . de bonis et catallis , terris et tenementis richardi frewyn et johannis comber in balliva tua fieri fac . 26 l. 13 s. 4 d. quos debet , &c. de avro svo de ( 4 ) quodam fine 400 marc . nobis in manibus solut . pro custodia omnium temporal . episcopatus hereford . quae ad manus nostras per mortem johannis stanbury ultimi episcopi loci praedicti debenerunt . ita quod in octabis sanctae trinitatis anno 16. praefatae consorti nostrae , &c. t. &c. per rotulum memorand . de anno 14. regis nunc hillar . record . rotulo tercio ex parte remem . regis . de bonis et catallis , terris et tenementis quae fuerunt richardi knightly & elizabeth . uxoris suae nuper de fallesley defunct . in balliva tua fieri fac . 20s . quos debent , &c. de avro svo de ( 4 ) quodam fine 10 l. nobis solut . in hanaperio nostro pro licenc . habenda , quod ipse maner . de fallesley et vpton , ac hundredum de newbottle grave cum suis pertinentiis in com. northt . quae de nobis tenentur in capite dare possint et concedere thomae billings militi & aliis , tenend . sibi haeredibus & assignatis suis de nobis et haeredibus nostris per servicia inde prius debita et consueta imperpetuum . ita , &c. in crastino sancti michaelis anno 16. praefatae consorti nostrae , &c. t. &c. per orig. de anno 15 regis nunc rotulo 73. de bonis et catallis , terris et tenementis venerabilis in christo patris jacobi episcopi ( norwici ) in balliva tua fieri fac . 20 s. quas debet , &c. de avro svo de ( 4 ) quodam fine 10 l. nobis solut . in hanaperio nostro pro confirmatione quarundam cartarum et literarum pa●entium diversorum progenitorum nostrorum quondam regum angliae , de diversis concessionibus et confirmationibus quondam episcopis loci praedicti praedecessoribus praedict . nunc episcopi et successoribus suis nuper confectorum habend . ita quod denar . &c. ad diem praedictum praefatae consorti , &c. t. &c. per warr. praedictum in rotulo praedicto . de bonis et catallis , terris et tenementis magistri et sociorum aulae sanctae katherinae virginis infra universitatem cantabrig . in balliva tua fieri fac . 36 s. 5 d. quos debent , &c. de avro svo de ( 4 ) quodam fine 18 l. 4 s. 4 d. nobis solut . in hanaperio nostro pro confirmatione fundationis aulae praedictae , de uno magistro & tribus sociis sive pluribus infra aulam illam perpetuis temporibus futur . commorant . in philosophia , et theologia condientibus , juxta ordinationem roberti woodlark clerici in sacra theologia professoris fundatae et ordinatae habend . et pro licentia habend . quod praedicti magistri et socii et successores sui terras et ten . quae de nobis tenentur in capite , ad valorem 40 marcarum per annum perquirere possint , tenend . sibi et successoribus suis imperpetuum ad manum mortuam ; ita quod denar , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per warr. praedictum rotulo praedicto . rex vicecomiti salutem . de bonis et catallis , &c. reverendi in christo patris willielmi episcopi elyen . johannis warworth clerici , willielmi townsend clerici , galfridi spring armigeri , & johannis brewode in balliva tua fieri fac . 40 s. quos debent charissimae consorti nostrae elizabethae regina angliae de avro svo , de ( 4 ) quodam fine 20 l. solut . in hanaperio nostro pro licentia habenda , quod ipsi , quinque , quatuor , tres , vel duo eorum qui supervixerint cuidam fraternitati sive gildae perpetuae , de uno aldermanno et duo bus decanis ac personis ecclesiasticis sive secularibus , ac aliis personis utriusque sexus quibuscunque de fraternitate sive gilda illa esse affectantibus fratribus et sororibus ejusdem fraternitatis sive gildae admiss . sive de caetero admittend . in ecclesia parochiali sancti leonardi abbatis de donham in insula de ely in dicto com. si facta et stabilita fuerit , terras , ten . reddit . annuitates , & possessiones quaecunque quae de nobis non tenentur in capite usque ad valorem 20 marc . per annum adquirere valeant , habend . sibi et successoribus suis imperpetuum ad manum mortuam ; ita quod denar . illos habeas , &c. in crastino sancti michaelis anno 16. consorti nostrae , seu ejus in hac partae ( 5 ) receptori tunc ibidem solvend . t. &c. per origin . de anno 15 regis nunc rotulo praedicto . de bonis et catallis , &c. willielmi york ante ipsius defunct . et de bonis et catallis , terris et tenementis executorum testamenti dicti willielmi et administratorum bonorum et catallorum ejusdem willielmi haered . et tenentium , terrarum et ten . quae sua fuerunt in balliva tua fieri fac . 63 s. 1 d. quos debent , &c. de avro svo , de ( 4 ) quodam fine 31 l. 11 s. nobis solut . in hanaperio nostro , pro licentia habenda , quod cum quaedam cantaria perpetua de uno capellano perpetuo divina in honore sanctae et individuae trinitatis ad altare beatae mariae virginis infra ecclesiam sanctae crucis in villa & parochia de ramsbury , sarum dioc. juxta ordinationem praedicti willielmi aut executorum suorum imperpetuum celebratur . fact . fundat . et stabilit . fuit , quod capellanus cantariae illius et successores sui capell . ejusdem cantariae terras et ten . quae de nobis non tenentur in capite , usque ad valorem 10 l. per annum , tenend . sibi et successoribs suis in eorum sustentationem imperpetuum perquirere possint ad manum mortuam ; ita quod denar . illos , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per warr. praedictum rotulo praedicto . rex vicecomiti salutem . de bonis , & catallis , &c. johannis poulet armigeri in balliva tua fieri fac . 16s . quos debet charissimae consorti nostrae elizabeth . reginae angliae de avro svo , de ( 4 ) quodam fine 18 l. nobis solut . in hanaperio nostro pro licencia habend . quod ipse honor. dominium sive manerium de basing cum suis membris et pertinentiis in com. praedicto , quod de nobis tenetur in capite dare possit et concedere henrico roos militi , ac al. habend . et tenend . sibi haeredibus et assignatis suis de nobis et haeredibus nostris per servitia inde debita & consueta . ita quod denar . illos , &c. in crastino sancti michaelis anno 16 praefatae consorti nostrae , &c. t. &c. de anno 15 regis nunc rotulo 74. de bonis et catallis , &c. thomae fitz william junior . in balliva tua fieri fac . 60 s. quos debet , &c. de avro svo , de ( 4 ) quodam fine 30 l. nobis solut . in hanaperio nostro pro licentia habenda , quod cum quaedam cantaria perpetua de duobus capellanis divina singulis diebus ad altare beatae mariae in ecclesia parochiali sancti wilfrid de alford . in com. praedicto juxta ordinationem dicti thomae , haeredum vel executorum suorum in hac parte faciend . imperpetuum celebratur . fact . stabilit . fuerit . quod capellani cantariae praedictae et successores sui capellae ejusdem cantariae , terras et ten . cum pertinentiis , ad valorem 10 l. per annum ultra repris . quae de nobis in capite immediatè non tenentur , adquirere possint ; habend . ●ibi et successoribus suis in sustentationem suam imperpetuum ad manum mortuam : ita quod denar ▪ &c. ad diem praedictum praefatae consortae nostrae , &c. t. &c. per warr. praedictum rotulo praedicto . de bonis et catallis , &c. johannis newburgh sen . armigeri , nicholai kenner , johannis newton , & thomae huste , executorum testamenti magistri gilberti kennor nuper decani ecclesiae cathedralis beatae mariae sarum in com. wiltes in balliva tua fieri fac . 4 l. 15 s. quos debent , &c. de avro svo , de ( 4 ) quodam fine 48 l. nobis solut . in hanaperio nostro pro licentia habenda , quod ipsi cum quaedam cantaria perpetua de uno capellano perpetuo divina singulis diebus in dicta ecclesia beatae mariae sarum ad altare sanctarum reliquiarum , ubi corpus dicti gilberti humatum existit , juxta ordinationem executorum praedictorum in hac parte faciend . imperpetuum celebratur . facta , stabilita fuerit , praefat . capellan . cantariae praedictae dare possint et concedere manerium de westhawe cum pertinentiis in dicto com. wiltes . habend . sibi et successoribus suis capellanis cantariae illius imperpetuum ad manum mortuam ; ita quod denar . &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per orig. rotulo 75. de bonis et catallis , &c. magistri richardi andrew decani ecclesiae cathedral . beati petri eborum , johannis pakenham clerici , willielmi poteman clerici , johannis gyburgh clerici , et richardi pigott unius servient . nostrorum , michaelis de magna ricot in com. oxon , habend . sibi et successoribus suis capellanis ecclesiae sive capellae illius imperpetuum ad manum mortuam ; ita quod denar . &c. in crastino sancti michaelis dicto anno 14 praefatae consorti , &c. teste , &c. per warr. praedictum rotulo praedicto . de bonis et catallis , terris et tenementis decani et capituli ecclesiae cathedralis beatae mariae sarum in com. praedicto , in dicta balliva tua fieri fac . 26 s. 8 d. quos debent , &c. de avro svo de ( 4 ) quodam fine 20 marc . nobis solut . in hanaperio nostro pro licentia habend . quod ipsi liberam capellam suam infra maner . de sumer . in com. praedicto scituat . sibi et successoribus suis ac ecclesiae praedictae appropriare valeant , et eandem capellam sic appropriat . tenere possint sibi et successoribus suis in proprios usus imperpetuum ad manum mortuam ; ita quod denar . &c. in octabis sancti michaelis dicto anno 14. praefatae consorti nostrae , &c. t. &c. per warr. praedictum rotulo praedicto . rex vicecomit . salutem . de bonis et catallis , terris et tenementis roberti booth et matildae uxoris ejus in balliva tua fieri fac . 53 s. 4 d. quas debent charissimae consorti nostrae elizabethae reginae angliae , de avro svo de ( 4 ) quodam fine 40 marc . nobis solut . in hanaperio nostro , pro licentia habend ▪ quod quidem capellanus cujusdam cantariae perpetuus divina singulis diebus ad altare beatae mariae in capell . de stretton in dicto com. bedf. juxta ordinationem praedictorum roberti & matildae in ea parte faciend . et success . suis imperpetuum celebratur . terras seu reddit . et annuitates cum pertinentiis ad valorem 12. marc . per annum ultra repris . perquirere possit ; habend . sibi et successoribus suis imperpetuum ad manum mortuam ; ita quod denar . &c. in crastino sancti michaelis anno 14. praefatae consorti nostrae , &c. t. &c. per origin . de anno 14 regis nunc rotulo 63. de bonis & catallis , terris & tenementis mauritii berkley militis , johannis parre militis , & thomae sellenger armigeri , necnon henrici more , hugonis crikland , vicarii perpetui ecclesiae parochial . sancti laurentii de aulton in com. south . johannis swychener , willielmi hacker , roberti bayly , richardi wise , johannis pigott , roberti plecy , & roberti mayo , in balliva tua fieri fac . 30 s. quos debent , &c. de auro suo , de ( 4 ) quodam fine 15 l. nobis solut . in hanaperio nostro , pro licentia habend . quod ipsi terras , tenement . reddit . & alias possessiones ad valorem 10 l. per annum ultra repris . dare possint & assignare cuidam capellan . cujusdam cantariae perpetuo divina singulis diebus in quadam capella nuper per quendam johannem champflour in ecclesia de aula praedicta construct . habend . sibi & successoribus suis capellanis ibidem imperpetuum ad manum mortuam . ita quod denar . &c. in crastino sancti michaelis praefatae consorti , &c. t. &c. per warrantum praedictum , rotulo praedicto . de bonis & catallis , terris & tenementis georgii darell militis , in balliva tua fieri fac . 14 s. quos debet , &c. de auro suo , de ( 4 ) quodam fine 17 l. nobis solut . in hanaperio nostro , pro licentia habend . quod ipse manerium de ficelton cum pertinentiis in dicto com. wiltes . & manerium de balston cum pertinentiis in com. berk. dare possit & concedere charissimo consanguineo nostro thomae cardinal . archiepiscopo cantuar. & aliis ; habend . sibi , haered . & assign . suis imperpetuum . ita quod denar . illos habeas , &c. in crastino sancti michaelis praefatae consorti nostrae , &c. t. &c. per origin . praedict . rotulo 64. de bonis & catallis , terris & tenementis briani roucliff , tertii baronis de scaccario nostro , & johannis marshall civis & mercer london . in balliva tua fieri fac . 4 l. quos debent , &c. de auro suo , de ( 4 ) quodam sine 40 l. nobis solut . in hanaperio nostro , pro licentia habend . quod ipsi & quaelibet altera persona , seu eorum aliquis dare possit & possint concedere capellano beatae virginis mariae in ecclesia parochiali de warr. in com. hertford . in honorem ejusdem virginis gloriosae . it is observed by some , that johannis icham fuit attornatus generalis & clericus ad brevia pro elizabetha regina angliae , hil. regis 22 e. 4. rot . 2. rem . regis . et signavit brevia de auro reginae , an. 23 e. 4. sed hoc fecit ut clericus brevium reginae , et non ut attornatus generalis : thomas stydolfe qui fuit receptor generalis ejusdem reginae , signavit omnia brevia de auro de an. 19 & 20 e. 4. et tamen fuit aliquis alius attornatus . unde quaere . i have recited these writs concerning queen-gold in the reign of king edward the 4th at large ( the transcripts whereof were delivered to mr. herbert when the now queen mothers attorney , which i could not compare with the originals out of which they were transcribed ) upon several accounts . 1. because the files and bundles wherein these writs were extant , are very numerous , digested into no order , seldome looked into , and most of them either lost , or mislayed , so as i cannot yet finde any of them . 2ly . because they particularly inform us of the original authors , founders , and foundations of sundry chantries , appropriations , colledges , corporations , of the honors , pedegrees , wardships , purchases , tenures in capite of sundry of the nobility and gentry of england . 3ly . because they more fully evidence and expresse the particular fines for which queen-gold was demanded and levyed in this kings reign , and in what proportion , and from whose and what goods , chattels , lands and tenements , then any others in his predecessors reigns , except those of king edward the 1. and 3. i read in the chronicle of * fabian printed at london by john kyngston an. 1559. as likewise in holinshed and stow ; that anno 1467. ( the seventh of king edward the 4th his reign ) sir thomas cooke late mayor of london was peached of treason by a servant of the lord wenlocks called hawkins , ( for refusing to lend 1000 marks upon good surety to queen margaret ) arrested and sent to the tower , and his goods seised by the lord rivers then treasurer of england . after the said sir thomas had lyen a time in the tower , he was brought unto the guildhall and there arraigned of the said treason , and quit by sundry enquestes . finally , after many persecutions and losses , he was compelled as for a fine set upon him for offence of misprision , to pay unto the king eight thousand pounds . and after he had thus agreed , and was at large , he was then in new trouble against the queen : the which demanded of him as her right for every thousand pound payd unto the king by way of fine , an hundred marks , ( it should be pounds ) for which he had after long suit and great charge ; and in conclusion , was fayne to agrée , and to give her a great pleasure , besides many good gifts that he gave to her counsel ; or as raphael holinshed , grafton , and john stow storie ; he could not be delivered out of prison , till he had payed eight thousand pounds to the king , and eight hundred pounds to the quéen ( to wit , for her queen gold , due out of his fine . ) i shall cloze up the records of this kings reign with a memorable action brought by elizabeth his queen consort against a sheriff who detained her gold he had levyed , in the office of the clerk of the pleas , which i transcribed out of the plea rolls with my own hand . placita coram baronibus apud westm . de termino s. trinitatis , anno regis edwardi quarti post conquestum vicesimo , rot. 1. dorso . elizabetha regina angliae consors domini regis , venit coram baronibus hujus scaccarii sexto die julii hoc anno , per robertum calcote attornatum suum , & queritur per billam versus robertum radclyffe armig. nuper vic. com. norff. & suff. hîc in curia eodem die , super compoto suo de officio suo praedicto hîc ad hoc scaccarium reddendo per thomam aldehouse attornatam suam , de eo quod praedict . nuper vic. ei debet & injustè detinet quatuor libras , decem et novem solidos argenti , & pro eo injustè ; quod cum dominus rex nunc 14. die februarii , anno regni sui decimo septimo mandasset quoddam breve suum fieri fac . extra hoc scaccario suo vic. norff. & suff. tunc existenti direct . per quod quidem breve eidem vic. praeceptum fuit , quod non omitteret propter aliquam libertatem quin eam ingrederetur , & de bonis & catallis , terris & tenementis gilberti debenham armig. in balliva sua fieri faceret viginti et tres marcas , parcellam viginti et sex marcarum quas dictus gilbertus debebat praefatae reginae , per nomen carissimae consortis ipsius domini regis elizabethae reginae angliae , de avro svo , de quodam ( 4 ) fine ducentarum sexaginta marcarum dicto dom. regi solut . pro dominio et manerio de catyngston cum pertinentiis in catyngston , holbrooke , wolmerston , fryston , & alibi infra hundredum de staunford in dicto com. suff. praefato gilberto , & haeredibus de corpore suo excuntibus per dictum dom. regem nuper concess . et quod denarios illos haberet ad scacc. dicti dom. regis apud westm . crastino claus . paschae , anno regni ejusdem regis decimo octavo praefatae reginae , seu ( 5 ) ejus in ea parte receptori ibidem tunc solvend . prout in eodem brevi pletus continetur : quod quidem breve deliberatum fuit sextodecimo die februarii dicto anno 18. apud villam westm . in com. midd. praefato nuper vic. jam defend . tunc vic. dict . com. norff. & suff. per manus roberto calcote tunc servienti praedictae reginae ; virtute cujus quidem brevis praedict . jam def. tunc vic. dict . com. norff. & suff. vicesimo die martii dicto anno 18. apud gippewicum in praedict . com. suff. fieri fecit & levavit de bonis catallis praedicti gilberti ad triginta et quinque solidorum de 4 l. 19 s. praedict . prout ipse nuper vic. jam defend . super brevi illo coram praefatis baronibus apud westm . ad crastinum clausi paschae praedicti returnavit , prout hic in hoc scaccario liquet de recordo . ac cum dictus dom. rex quinto die maii dicto anno 18. mandasset quoddam aliud breve de fieri fac . extra hoc scac. praefato nuper vic. jam defend . tunc vic. dicti com. norff. & suff. existent . direct . per quod quidam breve eidem vic. praeceptum fuit , quod non omittat propter aliquam libertatem quin eam ingrederetur , & de bonis & catallis , terris & tenementis praedicti gilberti in dicta balliva sua fieri faceret 11l . 17s . 8d . de remanencia 26 marc . quas debebat praefatae reginae de avro svo de quodam ( 4 ) fine 260marc . dicto domino regi solut . pro dominio & manrrio de catyngston , &c. ( ut supra . ) et quod denarios illos haberet ad scac. dicti dom. regis apud westm . in crastino sancti michaelis dicto anno 18. praefatae reginae , seu ( 5 ) ejus in ea parte receptori ibidem tunc solvend . prout in eodem brevi plenius continetur ; quod quidem breve deliberatum fuit sextodecimo die julii dicto anno 18. apud villam westm . praedict . praefato jam defendenti tunc vic. dict . com. norff. & suff. existenti per manus praedicti roberti calcote , virtute cujus quidem brevis dictus jam defendens tunc vic. dict . com. norff. & suff. 20 die septembr . dicto anno 18 apud gippewicum praedict . fieri fecit et levavit de bonis et catallis praedicti gilberti ad valenciam 30 solidorum , resid . de 4. l. 19 s. praedict . prout ipse jam defend . super brevi illo coram praefatis baronibus apud westm . ad crastinum sancti michaelis returnavit , prout hic in hoc scaccario liquet de recordo . quae quidem summae per dictum jam defend . sic levatae in toto se attingunt ad dict . 4 l. 19 s. et licet praefata regina post levationem & return . brevium praedictorum sic factorum saepius requisivit praefat . jam defend . ad ei solvend . dict . 4 l. 19 s. jam in demanda , ipse tamen jam defend . 4 l. 19 s. illos , sive aliquam inde parcellam praefatae reginae nondum solvit , sed hoc facere contradixit , ad dampnum praefatae reginae centum solidorum . et hoc offert , &c. et praedictus robertus radclyff per praedictum attornatum suum praesens , &c. petit auditum billae praedictae , et ei legitur , &c. qua audita , per praedictum attornatum nichil dicit in barram et exclusionem dict . actionis praefatae reginae . et super hoc eadem regina ex quo supradict . nuper vic. nichil dicit in barram et exclusionem , dictus attornatus praedict . reginae petit judicium suum in praemissis et debitum suum praedictum , una cum dampnis suis praedictis sibi in hac parte adjudicari , &c. super quo , visis praemissis per barones praedictos , habitaque inde deliberatione pleniori inter eosdem , consideratum est per eosdem barones , quod praedicta regina recuperet versus praefat . nuper vic. debitum suum praedict . quatuor librarum , et decem et nobem solidorum praedict . et dampna sua praedicta , tam occasione injustae detentionis debiti illius , quam pro misis , custagiis et expensis suis circa sectam suam praedictam in hac parte appositarum , taxata per eosdem barones ad tresdecem solidos et quatuor denarios . quae quidem summae in toto se attingunt ad summam quinque librarum , duodecim solidorum , et quatuor denariorum , & quod praedictus nuper vic. sit in misericordia domini regis , &c. from this record , and the precedent writs of king edward the fourth , i shall observe ; 1. that queen-gold was payd for every fine and oblation amounting to 10 marks and upwards , after the rate and proportion of one mark to the queen for every 10 marks due or payd to the king ; and that all the goods and chattels of the parties who made the fines , in their own hands , or in their executors or administrators , and all their lands and tenements at the time of the fine , or after into whose hands soever they came , were liable , and extended to satisfie this duty to the queen . 2ly . that the goods , chattels , lands and tenements of the pledges for the fine , were liable to , and extended for queen-gold , as well as the parties who made the fine ; and that it was levyed by special writs directed to sheriffs , who were to levy , and be accountable to the queen for the monies levyed by them for this duty , and obliged to satisfie them before they departed out of court , in the selfsame manner as they were to levy , account for , satisfie the kings own debts , and were liable to actions and dammages to the queen , if they detained her gold when levyed . 3ly . that aurum reginae was due to the queen for fines for licenses to alien lands held of the king in capite to other persons ; for licenses to alien lands in mortmain to chantries , gilds , fraternities , and other corporations civil or ecclesiastical ; for appropriations of churches or chappels ; for fines for alienating lands in capite or mortmain without license ; for the custody of the bodies , lands , and mariages of wards ; for fines for grants and confirmations of antient kings charters of lands or liberties granted to monasteries , bishops , deans , chapters , other corporations , and to particular persons ; for fines for indenizations of aliens , custodies of the temporalties of abbyes and bishopricks during their vacancies ; for marying the kings wards or widdowes without his precedent license : for fines for not receiving the order of knighthood upon writs of summons , for fines or compositions for all sorts of trespasses , of jurymen attainted for false verdicts , and breaches of the peace ; for fines for original writs , as of assise and novel disseisin , writs of concord or covenant to levy fines or suffer common recoveries of manors , lands , tenements conveyed to others ; in which last sort of writs it is observable , that where several writs of concord and covenant were sued forth for divers mannors , lands or tenements lying in several parishes or counties , whereof one fine or recovery only was to be levyed or suffered , though the fine for every of these writs severally considered amounted not to ten marks ; yet if they all conjoyned did arise to the sum of ten marks or upwards , aurum reginae was paid for them all conjunctively ; either because they amounted but to one concord , or because one fine only was imposed on them all in the fine office ; wherein they differ from the fines of all other writs . 4ly . that the extracts of fines for trespasses , offences , misdemeanors of all sorts , writs of assise , concord and covenant , transmitted by the kings justices out of his other courts into the exchequer , and fines in the court of exchequer , being records , were a sufficient charge and warrant to the queens clerks , officers , and barons of the exchequer to issue forth writs of fieri facias and extents to sheriffs to levy the queens gold arising out of them , according to the proportion of one mark for every ten marks due to the king , and did bind the goods , chattels , lands and tenements of the parties and their sureties towards the payment thereof , from the time the fines were first made and recorded . before i proceed to the reigns of our succeeding kings , i thought fit to present you with some antiquities and records concerning this duty of aurum reginae in the reigns of henry the 2. edward the 1 , & 3. richard 2. and henry the 6. according to their antiquities , omitted in their proper chronological series in the premised printed sheets , because lately discovered , ( upon my further search of records and antiquities at westminster ) since the first sheets were committed to the presse . jocelinus de brakelande , a monk of the abbey of st. edmunds bury in suffolke , flourishing in the reign of king john , ( qui res gestas sui coenobii libro accuratè scripto perstrinxerit , as * johannes balaeus records in his life , ) in his chronicon coenobii sancti edmundi buriensis , ( the manuscript whereof i perused in † sir john cottons library ) hath this memorable passage concerning a golden cup of the value of 100 marks , given to queen alianor wife of king henry the 2. by the abbot in lieu of her queen-gold , due by the custome of the realm , for a fine of 1000 marks given to king henry for the manor of mindenhale ; which she restored to the monastery ; and afterwards redeemed for 100 marks , when pawned by the monastery towards the redemption of king richard the 1. and bestowed it on them again for the soul of king henry her husband , upon condition never to alienate it : upon which account king richard the 1. refused to take 500 , and demanded , received 1000 marks for the new grant of this his manor to that monastery . his own words i transcribed out of cap. 24. are these . * abbas optulit regi rich. ( 1. ) quingentas marcas pro manerio de mindenhale , dicens illud manerium 60 libr. & 10. & pro tanto esse collatum in magna rolla de wincestre . cum it a spem voti sui concepisset , cepit res dilationem usque in crastinum . interim venit aliquis , dicens regi , manerium illud tantum valere in libris . in crastino ergo abbate petitioni suae instanti , dixit rex , nichil est domine abbas quod queris ; vel mille marc as dabis , vel manerium non habebis . cum a regina alienora secundū ( 1 ) consuetudinem regni debet accipere ( 3 ) c. marcas ubi rex cepit mille ; accepit a nobis calicem magnum aureum in precium c. marcarum , et eundem calicem nobis reddidit pro anima domini sui regis henrici , qui eum primò dederat sancto e●dmundo . alia quoque vice cum thesaurus ecclesiae nostrae portaretur londonias ad redemptionem regis richardi , eadem regina eundem calicem adquietavit pro c. marcis , et nobis tradidit , accipiens cartam nostr●m a nobis in testimonium promissionis nostrae factae in verbo veritatis , quod calicem illum nunquam ab ecclesia nostra alienabimus . cum persoluta autem esset tanta pecunia cum magna difficultate adquisita , &c. charta regis postea confirmatum est manerium . which both confirms and illustrates the premised * passage of gervaesius tilberiensis , writing in that age ; that by the ancient custom of the realm constantly used both before , and during the reign of king henry the 2d . aurum reginae was due to the queen consort after the proportion of 100. marks for every 1000 marks fine to the king ; and so in proportion for lesser fines , of , or exceeding the summe of 10 marks . which is further ratified by this note i lately met with tempore henrici secundi , among mr. attorney herberts collections of queen-gold . haec sunt sumptus & custument . quae ego richardus austyn posui in terra avunculi ●ei perquirenda . haec sunt dona quae dedi , &c. regi centum marcas , et reginae ( 1 ) unam marcam auri. 10 johannis . in magno rotulo anno 10 johannis regis , in offic. pipae , somerset & dorset dorso , tit. aurum reginae , odo de waudeshe reddit compotum de 15 s. pro eodem . in thesaur . 1 marc . & debet 20 d. id. red . compot . de eodem debito . idem vic. red . comp. de 35 s. 6 d. de exitu terrae willielmi reuell for this duty . in magno rotulo de anno 9 regis johannis ; hugo hose debet 200 marc . & 2. palfr . pro habendo manerio suo de pencriz , cum pertinentiis suis , quod fuit walteri hosati patris sui . in magno rotulo de anno 11 regis johannis ; hugo hose debet 200 marc . et 2. palfr . pro habendo manerio suo de pencriz , sicut continetur de an. 9. sed non debet summoneri , quia per breve regio attornatus est de toto , licet debet de avro reginae ad justiciarios hiberniae , & quietus est . which proves , that queen-gold was then paid for fines of lands in ireland to the chief justice there for the queens use . in magno rotulo anno 13 johannis regis in offic. pipae , in compoto vic. warr. & leic. robertus harecourt debet 25 marc . de auro , pro se & patre suo williliemo harecourt . in the reign of king henry the 3d. i have met with these additional records concerning queen-gold , cited by mr. hackwill . rex eisdem baronibus ; sciatis , quod concessimus dilecto & fideli nostro rogero de bohun comiti essex & hereford , quod de auro quod ab eo exigitur ad opus reginae nostrae , tam pro fine relevii sui , quam pro aliis , medietatem inde reddat ad scacearium sancti michaelis , et aliam medietatem ad scac. sancti , &c. which i cannot find in the roll of this year , which he cites to prove , that sometimes the king did install or prolong the payment of his queens gold , ( most likely by her consent ) though he could not pardon or hinder its levying without her voluntary assent ; but she could release or pardon it without the king , for which he cites this record , the roll whereof is now lost or mislayd , so as i cannot finde it . a. regina pardonavit edwardo lucye 120 marcas , in quibus praedictus edwardus tenetur eidem reginae pro auro suo , de ( 4 ) quodam fine facto cum domino rege . an. 40 h. 3. upon the great † premised differences and tumults that arose between queen alianor and the citizens of london before king henry the 3d. and his counsil , an. 40 h. 3. about her aurum reginae ; the queen at last by the mediation of friends , for a summe of money released to them her duty of quéengold during her life , saving the right of her successors by this patent , recorded in a manuscript in * sir john cottons library at westminster . elienora dei gratia regina angliae , &c. omnibus christi fidelibus ad quos praesens scriptum pervenerit , salutem in domino sempiternam . noverit universitas vestra , quod cum inter nos & cives nostros london super petitionibus auri nostri quod nobis communiter debetur pro ( 4 ) finibus factis domino nostro regi , quaestio fuisset exorta , et aliquandiu coram domino rege et consilio suo agitara ; tandem ad instanciam dilecti nobis in christo patris adae de marisco , & quorundam aliorum nobis in christo dilectorum ; nos de voluntate ac speciali-gratia nostra a dicta petitione auri nostri de finibus factis vel faciendis pro tota communitate eorundem civium london toto tempore vitae nostrae ( salvo imposterum jure cujustibet ) supersedemus . pro hac autem concessione et remissione petitionis supradictae , satisfecerunt nobis praedicti cives in forma quam duximus acceptandam . in cujus rei testimonium praesens scriptum sigilli nostri impressione corroboravimus . da● . apud windesby 23 die decembris , anno regni regis henrici domini nostri 40. in the reign of king edward the 1. i met with these additional records themselves concerning queen-gold . cum gilb●rtus de clare comes gloucestriae & hereford teneatur eleanorae reginae angliae in centum libris sterlingorum ( to wit , for her aurum reginae , though not expressed ) define mille librarum quam idem comes fecit cum domino h. rege , pro seisina terrarum suarum post mortem patris sui habenda , ut dicitur . rex mandavit baronibus , quod eidem reginae s●nt consulentes et aurxiliantes ad dictas centum libras ad citius quod fieri potuit recuperandas prout justum fuerit . placita coram baronibus in scac. de termino sancti michaelis anno 7 e. 1. incipiente 8. rot. 10. dors . in offic. clerici plac. simon de creye , & antonius bek , rogerus de northwode , & johannes de cobeham attachiati fuerunt ad respondendum a. reginae consorti regis de debito quater viginti librarum & dimid . marc . quas praedict . simon de creye debet elve filio magistri mosse abrahae filio ejus , & anterae quae fuit uxor vives filii magistri mosse judaeis , qui debitum praedictum concesserunt & assignarunt praefatae reginae pro auro suo quod et debuerunt . et unde walterus de kancia ( 5 ) custos auri , et attornatus praedictae reginae , petit , quod praedictus simon tanquam praedicti debiti , & praefati antonius , rogerus & johannes tanquam tenentes quandam partem terrarum ejusdem simonis quae fuit vadium pro praedicto debito , respondeant & satisfaciant de eodem . et praedictus simon & alii venerunt . et idem simon cognovit , quod debet & vult respondere ad dictam demandam pro praedictis antonio , rogero & johanne , eo quod habent ex dimissione sua id quod tenent de terris & ten . praedictis , & quod tenetur eis de debito praedicto acquietare . ideo consideratum est , quod idem simon ipsos inde acquietet & respondeat de debito praedicto . et quo ad debitum illud dicit idem simon , quod dedicere non potest , quin in debito illo teneatur . et postea dictus walterus attornatus praedictae reginae concessit eidem simoni diem usque ad octab. sancti hillarii , ut interim ad dictam reginam accedat , ad tractandum cum ea de debito praedicto . et tunc sit hîc facturus ulterius quod justum fuerit . et salvae sunt dictis tenentibus dictarum terrarum responsiones & rationes suae quae sibi vacare poterunt & de jure debebunt ad posterum , si fortè contingat dictum simonem ad satisfactionem debiti praedicti non posse sufficere . abbas de monte caniso de edwardeston attach . fuit ad respondend . abbati de sancta ositha de 124 marcis , quas ei debet , &c. in partem solutionis debitor . quae idem abbas debet a. reginae consorti regis de auro suo , & aliis debitis suis , &c. the plea between the abbots is very large , for this debt between them , due to the queen for her aurum reginae , which i pretermit . mandatum est thes . & baronibus de scaccario , quod transcriptum omnium finium et amerciamentorum factorum coram justic . ultimo itinerantibus ad placita forestae de nova foresta waltero de kancia custodi auri alianorae reginae angliae consortis regis liberari faciant : ita quod idem walterus fines et amerciamenta illa juxta tenorem finium et amerciamentorum , et prout secundum legem et consuetudinem scaccarii praedicti fuerit faciendum le vari , et dictae reginae habere faciat de dono regis . t. r. apud westm . 10 die junii . by which record it is apparent , that the queen had all these fines and amercements belonging to the king , imposed by his justices itinerant on offenders within the new forest , by his special grant , to be received and levyed by the keeper of her gold in the exchequer , to the end she might the better receive her duty of queen-gold arising out of them by her own inherent right and prerogative , as well as the fines thus granted to her , which grant extinguished not her right to the queen-gold accruing from them . in the plea rolls of trinity terme , anno 17 e. 1. in the tower of london , i found this memorable action upon the statute of 51 h. 3. ( the first i have observed of that kind ) for taking a distresse of the plough beasts of the prior of st. john of jerusalem for aurum reginae . thomas le templer , & rogerus harding de kyngeston attachiati fuerunt ad respondendum priori hospitalis sancti johannis jerosolymitan . in anglia de placito , quare cum ad communem utilitatem regni regis rex statuit , * quod nullus distringatur per averia carucarum suarum vel per oves suas pro debito regis vel alieno , aut alia quacunque occasione per ballivos regis seu aliorum , quamdiu alia habeant averia per quae rationabilis districtio super ipsum fieri possit pro debitis illis levandis , exceptis duntaxat averiis illis quae ad dampnum alicujus inventa secundum legem & consuetudinem regni regis imparcari contigerit : praedicti thomas & rogerus averia ipsius prioris de carucata sua apud taleworth , contra formam statuti praedicti , ceperunt & imparcaverunt , & adhuc imparcata detinent , contra legem & consuetudinem regni regis , & contra pacem , &c. et unde queritur , quod praedicti thomas & alii die veneris ante dominicam in ramis palmarum anno regni regis nunc septimodecimo , ceperunt sex boves ipsius prioris de carucata sua , & illos fugaverit usque ad villam de kyngeston , & illos ibidem detinuerit contra vadia & plegios quousque deliberata fuerunt per praeceptum regis : unde dicit , quod deterioratus est & dampnum habuit ad valentiam quadraginta solidorum . et inde producit sectam , &c. et thomas & rogerus per attornatum suum ven . & defendunt vim & injuriam quando , &c. et dicunt , quod ipsi sunt ballivi de kyngeston ; et quod vic. surr. habuit breve domini regis sibi directum , de levando de bonis et catallis praedicti prioris quadraginta solidos , ad opus dominae reginae matris regis de auro suo ; & mandavit eis returnum brevis praedicti quod illud exequerentur : qui ad mandatum suum adierunt taleworth , & tantum ibidem invenerunt duodecim boves praed● cti prioris , quorum inde ceperunt praedictos sex pro praedicto debito ad opus praedictae reginae . et quod nulla alia averia ibidem invenerint nisi praedictos boves , petunt quod inquiratur , &c. et prior dicit , quod praedicti thomas & rogerus potuerunt invenisse in praedicta villa de taleworth alia averia & bona ipsius prioris , videlicet vaccas & porcos , & blada in grangia ad valentiam viginti marcarum . et de hoc ponit se super patriam . et thomas & rogerus similiter . et quia idem thomas & rogerus sunt ball● vi praedictae villae de kyngeston , & praedicta villa de taleworth est infra libertatem ejusdem , praeceptum est vic. quod venire saciat hîc in crastino animarum , nisi justic . ad assisas capiend . assignati prius , &c. 12. forinsecos de com. praedicto qui non sint de libertate praedicta , per quos , &c. et qui nec , &c. ad recognoscendum , &c. quia tam , &c. johannes de godesley ( 5 ) custos auri reginae venit coram baronibus & cognovit se recepisse ad opus dominae reginae centum marcas , de abbate & conventu de burgo sancti petri , pro auro ipsius reginae , de ( 4 ) quodam fine mille marc . quem prior & conventus ejusdem loci tempore vacationis ejusdem abbathiae fecerunt cum rege , pro custodia inde habenda tempore ultimae vacationis . et 20 l. pro auro dominae reginae de quodam fine 200 l. quem abbas ejusoem domus fecit cum rege ( 4 ) de servitio suo regi debito in exercitu regis scotiae . * beatricia relicta roberti de wakefield , dedit waltero de meynell certas terras quas habuit nomine dotis suae ; & ad conventionem in hac parte observandam , obligavit ad poenam decem librarum ad aurum dominae reginae , si contra conventionem suam praedictam pervenerit . the reign of king edward the 3d. as it hath furnished us with many forecited records and writs concerning queen-gold , so upon my subsequent search and inquiry , i have found and met with more of that nature , some of them taken out of the collections of others , where the writs and records themselves are now lost or mislaid , ( as most files of writs and plea rolls during his and some of his predecessors and successors reigns are in the office of pleas , for want of a convenient room and treasury to preserve them in ) and the others out of the original rolls & records now extant , from which i transcribed them . mr. william hakewil in his treatise of queen-gold , and mr. attorney herberts collections inform us , that the total summe of all particulars demanded by the queen for this debt of aurum reginae , in the file of writs of one term , ( to wit hillary anno 8 e. 3. ) amounted to 580 l. and that so much was answered for to the queen , besides what remained due upon writs not executed ; the abstract of all which writs ( except those already printed p. 34. ) i shall here present you with , the file and roll of the writs themselves being not to be found at present in the office of pleas , kings remembrancer , or elsewhere , upon my best search after them . extracta de brevibus de executione pro auro reginae , remanen . in filaciis de termino sancti hillarii an. 8 e. 3. remanen . in officio clerici placitorum de scaccario ; ( where they are now extant . ) fleri facias de bonis & catallis , terris & tenementis isabellae quae fuit uxor radulphi de monte hermeriae 18 l. 16 s. 8 d. quos debet isabellae reginae angliae matri nostrae chariss●mae , de quodam debito 20 l. de auro suo , de fine 200 l. pro ( 4 ) custodia purpartis margaretae unius sororum et haeredum richardi foliot habenda . de johanna quae fuit uxor roberti de driby 6 s. 8 d. de quodam debito 5 marc . de fine 50 marc . pro ( 4 ) licentia alienandi quaebam tenementa in bokenham , & alibi in com. suff. de simone cricktist 10 s. de quodam debito 4 l. de auro reginae , pro fine 41 l. pro ( 4 ) licentia recipiend . in adm . de dunton , licent . acquirend . denham et alia . de thoma dunt collectore lanarum , &c. 4 marc . de auro reginae , pro fine 40 marc . pro ( 4 ) concelamento . de margareta quae fuit uxor thomae de cailly 40 s. de auro reginae , pro fine 20 l. pro ( 4 ) licentia se maritandi . de richardo de gray 45 l. 6 s. 8 d. de debito 80 l. de auro , de fine 800 l. pro ( 4 ) custodia et maritagio richardi basset habenda . de magistro waltero de isley 27 l. quas debet isabellae reginae angliae de quodam de bito 50 marc . de auro suo , de fine 500 marc . pro ( 4 ) transgressione . de johanne de sisors 26 s. 8 d. de auro reginae , de debit . 10 marc . de fine 100 marc . pro ( 4 ) transgressione . de johanne de northworth 6 s. 8 d. necnon 40 s. de auro reginae , de fine 20 l. pro ( 4 ) licentia feofandi henricum de northwood de manerio de northwood . de thoma de blunt 14 s. 4 d. de auro reginae , de debito 10 marc . pro ( 4 ) quadam transgressione . de roberto pynywigell 10 l. de quodam debito 20 l. pro ( 4 ) fine pro terris sidi per regem ad firmam concess s durante minorf aetate . de johanne de fremingham 20 s. de debito 10 marc . de fine 100 marc . pro ( 4 ) pardonatione de transgressione quam fecit in quodam manerio regis . de radulpho de laurentio 50 s. de debito 10 marcarum de auro reginae , pro , &c. de willielmo turet 20 s. de fine 10 l. pro fine pro ( 4 ) transgressione conspirationis . de henrico beausz 10 s. de debito 40 s. de fine 20 l. pro ( 4 ) maritagio johannis filii & haeredis johannis cockings habendo . de katherina quae fuit uxor roberti de brecosn 4 l. de auro reginae , de fine 40 l. pro ( 4 ) licentia se maritandi . de johanne jeffrer 6 s. 8 d. de debito 21 s. 4 d. de auro reginae , de fine 16 marc . pro ( 4 ) transgressione conspirationis . de salmone de atherugge 4 s. de debito 4 l. de auro regine , pro eadem cansa . de thoma de chandes 16 s. 8 d. de debito 3 l. de fine 30 l. pro ( 4 ) licentia adquirendi manerii de lugwardin habenda . de roberto de baskervil , & aliis collectoribus & subcollectoribus diversarum concessionum in parliamento tempore edwardi secundi , 18 l. 6 s. 8 d. de debito 80 marc . de fine 800 marc . pro ( 4 ) transgressione per ipsos fact . in taxatione et collectione concessionum praedict . de richardo de grey 4 l. 5 s. & 13 s. 4 d. de debito 80 l. de auro reginae , de fine 800 l. pro ( 4 ) custodia et maritagio richardi baesset habenda . de hominibus villae de scarborough 23 l. de arreragiis 37 l. de auro reginae , de fine , &c. vacat . de lodovico du●olm . episcopo 26 s. 8 d. de auro suo , de debito 5 marc . de fine 50 marc . pro ( 4 ) licentia adquirendi terras . de willielmo de ferrariis 4 l. 5 s. de debito 10 marc . de auro reginae , de fine 100 marc . pro ( 4 ) maritagio johannis filii & haeredis nicholai de ferrariis . de nicholao de kirkham 20 s. de auro reginae , de fine 10 l. pro ( 4 ) transgressione . de rogero pridias 40 s. de auro reginae , de fine 20 l. ( 4 ) ne transfretaret in vascon . de johanne unphravill 10 s. de debito 26 s. 8 d. de auro suo , de fine 20 marc . pro ( 4 ) relevio suo . de willielmo de fishurre 11s . 8 d. de debito 26 s. 8 d. de auro suo , de fine 20 marc . ( 4 ) ne transfretaret in vasconiam . de alexandro de sancto johanne 23 s. 4 d. de debito 10 marc . de auro suo , de fine 100 marc . pro ( 4 ) maritagio johannis filii & haeredis hugonis de lutcomb . de willielmo de coffeild 20 s. de auro suo , de fine 20 l. pro licentia alienandi manerii de boxstead . de johanne de la penne 13 s. 4 d. de fine 10 marc . ne transfretaret in vasconiam . de randulpho de monte hermerii , videlicet de bonis & catallis suis , ac etiam de terris & tenementis quae sua fuerunt in feodo anno regni domini edwardi nuper regis angliae patris regis quinto , seu postea in quorumcunque manibus eadem terr . & tenementa existant , fieri fac . 540 marc . de debito 500 marc . de auro suo de fine 6 marc . pro custodia terrarum et tenementorum quae fuerunt johannis ap adam habenda . de richardo gray 10 l. de fine 100 l. ( 4 ) pro licentia habenda pro terris concedend . ad manum mortuam . de petro fenne 4 l. 8 s. 4 d. de debito 8 marc . de auro suo , de fine 80 marc . pro ( 5 ) custodia terrarum et tenementorum quae fuerunt roberti de sandby de eastmarkham habend . &c. de roberto coukes 7 s. 8 d. de debito 10 marc . de auro suo de fine 100 marc . pro ( 4 ) transgr . de hugone de nerguill 48 s. 8 d. de debito 10 marc . de auro suo pro ( 4 ) fine , ut supra . de roberto fourchies 26 s. 8 d. de debito 10 marc . de auro suo , pro eadem causa . de roberto ingram de 113 s. 4 d. de debito 10 marc . de auro suo , de ( 4 ) fine 100 marc . pro eadem . de roberto ireland 26 s. 8 d. de ( 4 ) fine 20 marc . de auro suo , pro omnibus terris et tenementis quae fuerunt de haereditate uroris suae rehabend . de thoma basset 20 s. de fine 20 l. de auro suo , ( 4 ) pro transgressione . de rogero damoryes 20 l. de auro suo , de fine 200 l. pro ( 4 ) maritagio margeriae & isabellae heredis theobaldi de verdon habend . de randulpho de grenham 10 l. 10 s. de debito 20 marc . de auro suo , de fine 200 marc . ( 4 ) pro transgressione . de johanne de vienna & aliis 20 s. de debito 20 marc . de auro suo , de fine 100 marc . ( 4 ) pro maritagio ciciliae & alianorae filiarum & haeredum johannis de knovill habenda . de militibus & armigeris totius com. sussex . 30 s. de debito 20 l. de fine 200 l. per quod omnes qui benerunt in obsequio domini regis patris regis apud cirencestr . in festo sanctae luciae virginis anno regni patris regis 15. ( 4 ) redire possent ad propria , et pro forisfactura aliorum militum et armigeroum de com. sussex qui tunc non venirent ibidem remittenda . de johannede duffore 26 s. 8 d. de auro suo , de fine 20 marc . pro ( 4 ) transgressione . de johanne fekenham 8 s. 8 d. de debito 13 s. 4 d. de auro suo de fine & marc . pro eodem . an. 12 f. 3. king edwards * forecited patent to his barons on the behalf of queen philip his consort for the levying of her quéengold , i find enrolled in the clause roll of an. 12 e. 3. pars 1. m. 23. in the tower of london . in the rolls of anno 26 e. 3. in the account of the sheriff of gloucestershire , i finde these several debts accounted for and satisfied to queen philip for her aurum reginae out of fines for trespasses and other offences before the kings justices , as well as for other debts . glouc. idem vicecomes reddit compot . de 29 l. de fin . exit . & amerc . diversorum quorum nominibus praeponitur philippa regina in extract . 26. in extr . rotulo de fin. exit . & amerc . coram richardo de stafford & sociis suis justiciariis , ad quascunque felon . & transgr . in com. glouc. audiend . & terminand . assign . anno 26. et 7 s. 3 d. de fin . & exit . divers . quorum nominibus praeponitur philippa regina in rotulo 26. in summa . in rotulo de fin . & exit . de banco de terminis trinitatis & michaelis anno 24 , & terminis hill. & pasch . anno 25. et 2 s. 9d . de amerc . divers . quorum nominibus praeponitur philippa regina in rotulo 26. in sum . in rotulo de amerc . de banco de terminis trinitatis & mich. anno 24. & terminis hill. & pasch . anno 25. et 2d . de roberto beanflour quod non habet beanflour ubi proponitur philippae regina in rotulo 26. in rotulo de amerc . coram rege de terminis hill. pasch . trinitatis & michaelis anno 22. & de eisdem terris in com. norff. & suff. anno 21. et 3 d. de roberto maister de exec . suis forum ubi proponitur philippa regina in rot. 26. in rotulo de exit . forum vestra regina de termino michaelis anno 22. & terminis hill. & pasch . trin. & michaelis anno 23 & 24. et 11 s. 6 d. de exit . divers . quorum nominibus proponitur philippa regina in rotulo 26. in sum . in rotulo de exit . forum coram baronibus per exec . brevium pro rege & fin . & amerc . de rotulo med . anno 25. et 20 s. de exit . divers . quorum nominibus proponitur philippa regina in rotulo 26. in sum . in rotulo de fin . exit . & amerc . vicecomitum & aliorum diversorum coram baronibus ad placita anno 25. et 20 s. 10 d. de exit . divers . quorum nominibus proponitur philippa regina in rotulo 26. in summa . in rotulo de itin. exit . forum coram baronibus pro execut . brevium pro rege anno 26. et 16 s. 6 d. de amerc . divers . quorum nominibus proponitur philippa regina in rot. 26. in summa . in rotulo de amerc . coram baronibus pro exec . brevium pro rege de diversis terris & divers . annis anno 13. incip . & 24 fin . et 4 s. 7d . de amerc . divers . quorum nominibus proponitur philippa regina in rotulo 26. in summa . in rot. de itin. amerc . coram baronibus per exec . brevium pro rege anno 13. incip . & 24. finient . et 21 s. 1 d. de amerc . divers . quorum nominibus proponitur philippa regina in rotulo 16. in summa . in rotulo amerc . coram baronibus ad placita de diversis terminis & dimid . &c. in the plea rolls de termino paschae anno 27 e. 3. rot. 44. in the office of pleas in the exchequer , i have found the case , plea of the mayor and burgesses of bristoll concerning queengold already cited ( p. 36 , 37. ) which mr. hakewill referred to anno 25 e. 3. the transcript whereof being memorable , i shall here insert out of the record it self . memorand . quod cum quinto die februarii anno 11 regis nunc eborardus de frenshe major villae bristoll recognovit se debere regi ducentas & viginti libras , solvend . unam medietatem in festo purif . beatae mariae tunc prox . futur . & aliam medietatem in festo sancti johannis baptistae tunc prox . sequent . sicut continetur in recogn . de anno 11. regis nunc , ubi immediatè post recognit . praedict . annotatur sic . memorand . quod ista recognitfacta fuit pro decima praedict . per eborardum & burgenses & alios homines villae bristol & suburbii ejusdem , de bonis suis mobilibus de primo anno decimae triennis domino regi concessae die veneris prox . ante festum sancti michaelis in anno praesenti , ratione concessionis praedict . contigent . praeceptum fuit vic. quod non omittat propter libertatem villae , quin , &c. ac de bonis & catallis praedict . eborardi & aliorum hominum villae bristoll & suburbiorum ejusdem : ac etiam de terris et tenementis ( 5 ) quae sua fuerunt praedicto anno 11. seu postea in quorumcumque manibus , ac . fieri faceret 22 s. quas debent philippae reginae angliae de auro suo de 220 l. praedict . ita quod dictas 22 l. haberet hic ad crastinum ascensionis domini praefatae reginae solvend . idem vic. mandavit ad diem , quod de bonis & catallis eborardi & aliorum hominum villae praedict . cepit catall . ad valenciam debiti praedicti , ad quae emenda nondum invenit emptores . ad quem diem walterus derby ballivus villae praedictae venit coram baronibus in propria persona sua , et dicit pro se & aliis hominibus villae praedictae , quod praefata regina aurum de debito praedicto de jure habere non debet . quia dicit , quod praedictus eborardus neque homines villae praedictae finem cum domino rege non fecerunt in hac parte , neque 220 l. praedict . nomine finis eidem regi concesserunt , nec recognitio praedicta loco finis fiebat , ita quod dicta regina aurum causa recognitionis praedictae de jure exigere non potest . et petit , quod executio versus eos in hac parte facta supersedeatur , &c. & sibi fiat ulterius quod , &c. et praefata regina per thomam del chogh attornatum suum venit & dicit , quod ipsa aurvm de debito praedicto habere debet , quia dicit , quod de quibuscunque voluntariis obligationibus et regi de sponte oblatis de pecunia numerata avrvm reginae debetur , et secundum legem et consuetudinem inde a tempore quo non extat memoria usitatas consuebit , ut liquere poterit per memoranda & libros hujus scaccarii quos vocat , ac . petens inde scrutinium fieri in evidentiam et declarationem praemissorum . et super hoc scrutatis rotulis & memorandis praedictis , compertum est in * rubeo libro feod . in quadam ordinatione super statu scaccarii ibidem annotata , sub titulo de auro reginae . quod hii qui in pecunia numerata regi sponte se obligant , reginae pariter teneantur licet expressum non fuerit . quamvis enim non sit expressum , est tamen promisso compromissum ; vt cum regi centum five ducentas marcas promiserit , reginae pariter teneatur pro centum marcis argenti regi promissis in una marca avri , pro duoentis in duabus marcis avri , & sic deinceps . et quod licet rex de promissa sibi mediam partem dimiserit vel universam , vel etiam summonere distulerit , de hiis tamen quae ad reginam pertinent secundum quod sibi visum fuerit per omnia fiet , ut ea nolente neque dimittantnr , neque differantur , sed summonita solvantur , & nou solventes ad hoc coherceantur , ut sive clericus sit sive laicus qui solvendo non fuerit , donec satisfecerit , caret impetrato . et sic dicit , eadem regina praetertu dictae drdinationis , ipsa de jure habere debet executionem avri sui praedicti in forma superius praedicta . et petit erecutionem , &c. super quo , quia curia vult plenius deliberari antequam , &c. datus est dies partibus praedictis hic à die sanctae trinitatis in 15 dies eodem statu quo nunc . ad quem diem partes praedictae venerunt , & habent diem ulterius in praemissis usque octabas sancti johannis baptistae in eodem statu quo nunc . ad quam diem partes praedictae venerunt , & facto ulterius scrutinio rotulorum hujus scaccarii , quid fit sponte oblatum ? compertum est in dicto rubro libro , sub titulo , de sponte offerentibus , quid sit faciendum cum ipsi non solverent . quod si oblatum à rege suscipitur , & offerens consequenter pro quo optulit à rege suscipit ; ut si quis pro libertate aliqua , pro fundo , vel pro firma , vel pro custodia cujuscunque qui minor est annis usque ad annos legitimes habenda ; vel per quod alio modo ad suam utilitatem vel honorem accidere videatur sponte regi 100 l. vel 100 marc . & assentiente statim post oblatum suscipiat optatum , & qui sponte se obligant , & qui conventione cum principe facta possidere ceperint quam diu solvendo fuerint indultis sibi beneficiis gaudeant & utantur ; quod si de regis debito summoniti solvere desierint , statim careant impetratis . et super hoc praefata regina dicit , quod praedicta recognitio facta fuit , ne homines villae praedictae tarentur per collectores communitatis , nec quod ministri seu ballibi ipsius regis de collectione praedicta infra villam praedictam in aliquo se intromitterent , quod cecidit in proficuum et honorem eorundem hominum . et dicit ulterius eadem regina , quod ubi quintaedecimae vel decimae regi de anno 11. concesserint solvendae in crastino sancti andreae apostoli , & in festo purif . beatae mariae virginis , praedicti homines habuerunt diem solvendi per recognitionem praedictam dictos 220 l. in festo pur. beatae mariae , & in festo sancti johannis baptistae . ita quod primus dies solucionis per recognitionem illam , fuit ultimus dies solucionis decimae quintae et decimae praedictarum ; et per sic , praedicti homines habuerunt proficuum , et receperint quid pro quo , ubi praefata regina avrvm de jure habere debet . et petit executionem avri praedicti , &c. et scrutatis rotulis super tempore solucionis quintaedecimae & decimae praedictarum , compertum est in rotulo compotorum de quintadecimis & decimis , quod die veneris proximo ante festum sancti michaelis an. 10. concessa fuit quaedam quintadecima & decima trienn , solvend . quolibet anno , unam medietatem in crastino sancti andraeae , & aliam medietatem in festo pur. beatae mariae . what judgement the barons gave in this memorable case , i cannot yet finde upon record ; but it seems to me , that the queen recovered her gold for the * forecited reasons . in the dorse of the same 44 roll there is this memorandum entred . memorand . quod comperto in magno rotulo de anno 26. in glouc. quod philippa regina angliae habet castrum , villam & bertonam bristoll cum pertinentiis in dotem , ex donatione ac concessione regis ; thomas del clogh attorn . praesatae reginae , venit coram batonibus 27 die aprilis hoc anno & dedit curiae intelligi , quod praefata regina tradidit ad firmam majori & hominibus villae bristoll , castrum , villam , & bertonam praedictam pro 140 l. eidem reginae annuatim reddend . ad fest . paschae & sancti micha●lis per aequales portiones , et quod 70 l. de termino paschae ultimo praeterito eidem reginae aretro existunt . et petit , quod walterus derb ) ballivus villae praedictae qui praesens est in curia super compotum suum , de debitis reginae levabilibus infra libertatem villae praedictae , de praedict anno decimo sexto , de 70 l. praedictis respondeat & satisfaciat praefatae reginae angliae , &c. postea , viz. quinto die julii , johannes cocks ( 5 ) receptor avri ipsius reginae cognovit coram baronibus , quod satisfactum est praefatae reginae de 70 l. praedictis . in the plea rolls of this year there are sundry writs and inhibitions to sheriffs , bailiffs , and receivers of philippa the queen consort , and isabel the queen mother , concerning their debts and accounts of all sorts , which those who please may peruse at leasure in the rolls themselves in the office of pleas ; i shall only instance in those that concern queengold , and the defaults of sheriffs in levying their debts , the sale of goods and chattels seised for them remaining unsold , and other particulars . in the same plea rolls , rot , a. a. de crastino clausi paschae anno 27 e. 3. praeceptum fuit vic. quod tàm de illis bonis & catallis jacobi de dudele ad valenc . 10 s. 8 d. quae nuper in manum regis cepit , & quae penes ipsum remanent , &c. quàm de aliis bonis & catallis ejusdem jacobi ; ac eciam de terris & tenementis quae sua fuerunt anno 18 regis nunc , seu postea in quorumcunque manibus , &c. fieri fac . 6 l. quas debent philippae reginae angliae de quodam debito 8 l. be avro svo be fine 80 l. ( 4 ) pro pardonat . transgressironis et extorsionis habenda . ita quod denarios illos haberet hîc in crastino clausi paschae praefatae reginae solbend . et idem vic. recognovit ad diem praedict . quod bonailla et catalla capta in manum regis ut praedict . est , ad valenc . 10 s. 8 d. adhuc penes ipsum remanserunt invendita , &c. et quod per aliud breve cepit in manum dicti regis de bonis & catallis praedict jacobi ad valenc . 2 s. ad quae emenda nullos inveniret emptores . et quod plura bona s●u●catalla praedicti jacobi ad tunc in balliva sua non invenit unde aliqui denarii fieri poterint . et datur curiae intelligi , quod idem vic. infra tempus quo breve inde recepit , et tempore ejusdem , de bonis & catallis ejusdem jacobi integ●è●evasse potuit eosdem denarios si voluisset . vnde idem vic. viz. willielmus duncall inde per barones oppositus , super sacramentum suum cognovit , quod ipse levasse potuit de bonis & catallis dicti jacobi , & de terris & tenementis ipsius , si &c. ideo consideratum est , quod idem vic. &c. inhibitum est 12. die aprilis hoc anno henrico wisdom ballivo libertatis com. arundell in com. sussex praesenti in curia eodem die , ne rece●●at ab eadem cu●ia quou●que satisfecerit philippae reginae angliae de 13 s. 4 d. de quibus idem ballivus termino sancti michaelis ultimo praeterito cepit de bonis et catallis prioris & monachorum de arundell ad valenc . quae quidem 13 s. 4 d. pertinent eidem reginae de avro svo de quodam debito 26 s. 8 d. facto ( 4 ) pro excambiis factis inter dictum priorem & monachos & episcopum cicestrensem , sub periculo quod , &c. inhibitum est primo die aprilis hoc anno gilberto chastylon vic. com. war. praesenti in curia eodem die per johannem foxton attornatum suum , ne recedat ab eadem curia quousque computabit cum philippa regina de denariis per ipsum vic. levatis ad opus ipsius reginae de dibersis debitoribus suis tam de avro svo quam de aliis debitis dictam reginam ibidem contingentibus . satisfeceritque ei de omnia eo quod per compotum illum deberi contigerit , sub periculo quod , &c. postea per assensum consilii praefatae reginae ( viz. thomae del clough attornat . praefatae reginae ) praedictus gilbertus sub inhibitione praedicta usque crastinum sanctae trinitatis ad computand . et satisfaciend . in praemissis . in the same plea roll de crastino sanctae trinitatis , an. 27 e. 3. i finde these three memorandums concerning three several fines paid to the queens receiver , for fines for trespasses before the kings justices of oyer and terminer in the county of sussex by the parties themselves , without any process to avoid expenses ; which as i conceive relate to queen-gold , though not particularly exprest . memorand . quod walterus de camapedon recepto● denariorum philippae reginae angliae , venit coram baronibus 29 die maii hoc anno & recognovit , quod recepit ad o●us praedictae reginae de andraeo peverell chivaler 62 l. 13 s. 4 d. quos debet de quodam fine per ipsum andraeam facto pro dibersis transgressionibus , &c. et de willielmo de exton 66 s. 8 d. quos debet de quodam fine per ipsum willielmum facto pro dtbersis transgressionibus , &c. et de richardo palfryman 13 s. 4 d. de quodam debito de quodam fine per ipsum richardum facto pro dibersis transgressionibus , coram philippo de molyns & sociis suis justiciariis regis , ad quasdam transgressiones & excessus in com. sussex anno 27. regis nunc audiend . & terminand . assignatis , de qua solutione idem andraeas , willielmus , & richardus , ( severally ) ostendit curiae unam talliam levatam ad recept . ejusbem reginae 18 die maii praedicto anno 27. dictam summam continentem , quam dictus walterus cognovit esse bonam & legalem . anno 28 e. 3. in the plea rolls of the exchequer , in the office of the clerk of the pleas , de crastino sanctae trinitatis , an. 28 e. 3. i find this memorandum concerning queen-gold . memorand . quod johannes de herewardestoks major london . venit coram baronibus 20 die junii , hoc anno in propria persona sua , & dicit se solvisse philippae reginae angliae ad receptam s●am 20 marc . quas idem johannes debet de quodam fine facto pro transgress . coram johanne de molyns & sociis suis nuper justic . regis ad diversa transgressiones , oppressiones , dampna & gravamina in com. sussex . audiend . & terminand . assignat . anno 27 regis nunc ; et de solutione inde ostendit curiae unam talliam levatam ad receptam ipsius reginae 12 die aprilis anno 27. quam johannes de edyndon attornat . praefatae reginae praesens in curia praedict . 20 die junii cognovit esse veram & legalem : et dictum johannem de herewardestoks denarios in eadem tall. contentos ad receptam praedictus solbisse . cognovit etiam praedictus johannes de edyndon , quod praedictus johannes de herewardestoks solvit praefatae reginae ad receptam suam praediatam 11 marc . de auro suo , ad ipsam reginam pertinent de fine praedicto ; over and above the entire fine it self , which she likewise received , which is observable . anno 41 e. 3. in the plea rolls coram baronibus de quindena sancti michaelis , anno 41 regis edwardi tertii post conquestum , i finde many actions brought by queen philip against her bayliffs and receivers of her moneys ; and inhibitions to sheriffs not to depart the court till they had satisfied her for all the moneys they had levyed of her debtors , which related to her queen-gold , as well as other debts , as these records do intimate . praeceptum fuit vic. cant. & hunt. sicut pluries , quod caperet richardum glanvill administratorem & occupatorem bonorum et catall . quae fuerunt johannis de glanvill nuper thes . & receptor vlton . defuncti , ubicunque , &c. et eum salvo , &c. ita quod haberet corpus ejus hîc ad plures dies praesen . et tandem in crastino sancti michaelis , ad respondend . philippae reginae angliae de 76 l. 13 s. 4 d. aretro existentibus de quadam recognitione 200 marc . quam idem johannes fecit praedictae reginae . pro arreragiis compotorum suorum de partibus hiberniae , nuper ad scaccarium ipstus reginae de tempore quo fuit receptor denariorum ipstus reginae ibidem ; which i conceive to be her queen-gold , as well as other her monies and debts in ireland . quindena paschae an. 40 regis edwardi 3. inhibitum est 8 die maii thomae de musgrave nuper vic. ebor. praesenti in curia eadem die per johannem bret attornatum suum , ne recedat a curia quousque satisfecerit philippae reginae angliae de 74 s. 10 d. quas praedict . thomas nuper levavit particulariter de diversis debitoribus praefatae reginae , quorum nomina & particulae denar . plenius annotantur in quadam cedula quae est inter billas de hoc termino , sub periculo quod , &c. inhibitum est supradicto 8 die maii vic. salop , ne recedat à curia , quousque satisfecerit philippae reginae angliae de 8 l. 3 s. 4 d. quas praedictus johannes levavit singulariter dediversis debitoribus praefatae reginae , quorum nomina , & partic . denariorum plenius annotantur in quadam cedula quae est inter billas de hoc termino , sub periculo quod , &c. postea de assensu ricardi de ravens receptoris denar . praefatae reginae , datus est dies praefato vic. hic in crastino sancti michaelis ad solvend . praefatae reginae dictas 8 l. 3 s. 4 d. quam diem praedictus vic. admisit . postea , viz. 25 die octob. hoc anno praedicta regina venit coram baronibus per johannem de holt attornatum fuum & cognovit quod praedict . vic. solvit ei denarios praedictos . ideo praedictus vic. de inhibitione praedicta recedat quietus . king edward the 3d. in the 50 year of his reign pardoned all debts by his general pardon due unto him before the 40th year of his reign when his queen philip was living , the arrears of whose qveen-gold and other debts due to her before this 40th year accruing to him by his queens decease , and to his grandchild k. richard the 2d . after his decease ; who sued her debtors for her avrvm reginae and other debts , as not included within that pardon ; the commons thereupon in the parliament of 5 r. 2. exhibited this petition to the king , to make a declaration in that parliament , that those her debts accruing to the king should be comprehended within that pardon . which the king thought unreasonable , since they were levyed principally to satisfie her creditors ; but if after proclamation made it should appear all her creditors were satisfied , he would then extend his grace unto them in that case , as the parliament roll thus informs us . i tem prient les communes , qe declaracion soit faite en ce pariement , qe les dettes dues au roi par la mort la roigne qe darrein morust , queur furent dues au dit roigne debant l'an quarantisme le roi e. laiell debient currer deinz la pardon fait l'an cynquantisme de mesme le roi laiel , par quel entre autres sont pardonez touz dettes duez au dit roi debant l'an de son regne quarantisme nient contresteaut qe la dite roigne mutrust apres la dit an quarantisme . resp . tl ne semble mye reson , qe ff la dite roigne fensse unqores endette● as aucunes gentz du roialme , as queur pur defaute daboir nad mye peu estre satisfait , qe debant qe ses dettes soient purpaiez riele pardon feusse fait ; mes le roi voet , qe proclamacion soit faite par entre cy et la seint michel proschein venant , qe si nully vorra pleindre de dette a lui due par mesme la roigne , viegnent & mettent avant lour pleinte , & ce fait ; selonc ce qu le pleinte se serra au roi , il entende de modiffer sa grace en le cas . king a henry the 6. coming to the crown when he was scarce six months old , soon after sate publikely in state in the high court of parliament among the peers as king , in his mother queen katherines lap , ( a strange sight , never before seen in england ) yet he was not maried till the 23. year of his reign , during which this duty of queen-gold was in suspense till his marriage with queen margaret , when it immediately revived , and was presently claimed and received by her receiver in the exchequer , as his b premised writ to his treasurer and barons , and his queens patent to her receiver of queen-gold evidence . yet long before that , upon the petition and request of queen katherine his mother , his councel issued this memorable writ in his name to the treasurer and barons of his exchequer , that her officers should have and enjoy the same priviledges in that court for the levying of all her rents , revenues , qveen-gold , and other debts and profits belonging to her , as himself and his officers had and enjoyed , as his father king henry had granted her the like priviledge before in his life-time . henricvs dei gratia rex angliae & franciae , dominus hiberniae , thesaur . & baronibus suis de scaccario qui nunc sunt , vel qui pro tempore fuerint , salutem . ex parte johannae reginae angliae nobis extitit intimatum , quod cum dominus h. nuper rex angliae , pater noster defunctus , per breve suum sub magno sigillo suo nuper mandaverit tunc thes . & baronibus suis de scaccario , quod omnia negotia , querelae , et agenda dictam reginam tangentia , occasione terrarum , tenementorum , firmarum , feod . franches . et libertat . eidem reginae in dotem seu alias ad terminum bitae suae per abum nostrum concessarum , ac ratione avri et aliarum rerum suarum , coram tunc thes . & baron . in scaccario praedicto deducta , auditura , & expedita essent sicut propria negotia patris nostri supradicti ; & quod ballivi , officiarii & ministri quicunque praedictae reginae feodor . franches . & libertat . praedict . in omnibus quae ad officia & negotia sua pertinerent , necnon debitares avri et omnium aliorum denar . seu s●mar . praedictae reginae debit . ut proprii debitores ipsius patris nostri ibi deducti essent et pertractati , prout per irrotulament . brevis praedicti inter memorand . ejusdem scaccarii plenius continetur , & prout in diversis recordis ejusdem scaccarii tempore dominae isaebellae nuper reginae angliae in viduitate sua post mortem domini e. nuper regis angliae progenitoris nostri est compertum ; & nobis est supplicatum , ut eidem reginae pro majori quiete , et celeriori levatione denar . et deditorum suorum quorumcunque breve sub magno sigillo nostro , quod omnia negotia , querelae , actiones , etdemandae , praefatae reginae tangen . tam occasione castrorum , maneriorum , villarum , dominiorum , reddit , terrarum , tenementorum , firmarum , feod . firmarum , custodiarum terrarum & maritagiorum , custodiarum prioratuum alienig . firmar . & appor . prioratuum alienig . parvarum & magnarum custumarum , franchesiarum , libertat . & aliarum rerum & possessionum quarumcunque eidem reginae in dotem , seu alias ad terminum vitae suae concessarum vel assign . concedend . seu assignand . quàm occasione auri , & aliarum denariorum , firmarum , & feod firmarum et debitorum quorumcunque prafat . reginae de tempore praedicti patris nostri debitorum coram vobis , una cum executione eorundem per iudicium seu mandat . proprium , ut propria negotia nostra ; & quod ballivi , officiarii , & ministri reginae praedict . cur. castrorum , maner . villarum & dominiorum praedictorum in hiis quae ad eorum officia pertinent : ac debitores ejusdem reginae avri praedicti , denar . firmarum , feod . firm . reddit . appor . & aliorum debitorum quorumcunque eidem reginae debita & debend . in scaccario praedicto , durant . vita ejusdem reginae , tanquam ballivi officiar . et ministri ac debitores nostri , deducantur , audiantur , pertractantur et expedientur omnimodo dignaremur . nos supplicationi praedict . annuentes , vobis mandamus , quod omnia negotia , querelas , actiones , et demand . praefatam reginam tangen . tam occasione castrorum , maner . villarum , dominiorum , reddituum , terr . ten . firm . feod . firm . custodiarum terr . et maritag . custod . terrarum et appor . priorat . alienig . parbarum et magnarum custum . franches . libertatum , et aliarum rerum et possessionum quorumcunque eidem reginae in dotem seu alias ad terminum vitae suae concess . vel assign . concedend . seu assignand . quam occasione avri , denar . firmar . feod . firm . reddit . appor . et aliorum debitorum quorumcumque eidem reginae , ut praedictum est debit . et debend . ac etiam ballivos , officiar . & ministros ejusdem reginae castrorum , maner . villarum & dominiorum praedict . in hiis quae ad officia sua pertinent , tanquam ballivos , officiar . et ministros nostros proprios , necnon debitores avri reginae praedicti : ac denariorum , firmar . feod . firmar . reddit . appor . et aliorum debitorum praefatae reginae quorumcunque , ut praedictum est debit . et debend . coram vobis in scaccario praedicto , ut debitores nostros proprios , quamdiu nobis placuerit , deduci , audiri , pertractari et expediri fac . teste meipso apud westm. quinto die decembris , anno regni nostri quinto . per concilium . what effects this writ produced , appears by the * premised recognition of thomas dokes . in the records of king henry the 7th . in the exchequer , i have hitherto met with little of moment concerning queen-gold , but only this memorable patent of his queen consort elizabeth to edmund chaderton clerk , constituting him receiver general of all her lands , revenues , annuities , rents and fee-farms , and likewise of her queen-gold , signified to the barons by thomas earl of ormond her chamberlain . memorandum quod thomas comes ormond camerar . dominae reginae angliae venit coram baronibus hujus scaccarii 12 die julii hoc termino in propria persona sua ; & exhibuit curiae hic , ( 5 ) quasdam literas patentes praefat . dominae reginae edmundo chadderton clerico de officio generalis recept . ipsius reginae confect . petens ex gratiâ cur. literas illas irrotulari . barones illos irrotulari praeceperunt in haea verba ; scilicet . elizabetha dei gratiâ regina angliae & franciae , & domina hiberniae ; omnibus ad quos praesentes literae nostrae pervenerint , salutem . sciatis , quod nos de gratia nostra speciali , ac de fidelitate , circumspectione et industria dilecti & fidelis capellani nostri edmundi chaderton clerici plenius confident . ( 5 ) constituimus et ordinavimus ipsum edmundum generalem receptorem nostrum , omnium castrorum , honorum , dominiorum , maneriorum , terrae , ten. reddit . firm , feod . firmarum . annuitat . & avri vocat . quene gold , ac aliarum commoditat . nostrarum quarumcunque nobis pertinen . seu spectan . jam in manibus nostris existen . & quae ad manus nostras imposterum devenient , et ulterius officium generalis receptoris nostri praedict . praefato edmundo damus et concedimus per praesentes . ac etiam volumus , & tenore praesentium authoritatem damus et concedimus praefato edmundo dimittend . & approvand . omnia praedict . castra , honores , dominia , maneria , terr . ten. ac caetera praemissa cum pertinentiis ad manus nostras , ad proficuum & commodum nostrum , & ad constituend , deputand . & ordinand , omnes officiarios pro receptione omnium & singulorum denar● nobis debit . & imposterum debend . de exit . recept . dictorum castrorum , honorum , dominiorum , maneriorum , terr . & ten. ac caeterorum antedictorum secundum suam discretionem , prout sibi melius videbitur pro nostris commodo et proficuis , ac de recept . suis acquietan , nomine suo dand . & sigilland . habend . tenend . & occupand . officium praedictum à festo sancti michaelis anno regni domini mei regis nunc 2o. quamdiu nobis placuerit , percipiend . annuatim per manus suas proprias de recept . sua talia feod . & vadia , qualia alii recept . temporibus aliarum reginarum angliae habuerunt et perceperunt ad festa pasch . & sancti michaelis per equales porciones , necnon alia vestur . profic . & commoditat . dicto officio debita & consueta . damus igitur universis & singulis recept , ballivis bedellis occupat . approvat . tenen . offic. & ministris nostris quibuscunque , ac omnibus aliis quorum interest tenore praesentium firmiter in mandatis , quod eidem edmundo in executione et occupatione offic. praedicti intendentes sint & respondentes in omnibus prout decet . in cujus rei testimonium has literas nostras signo nostro manual . signat . fieri fecimus patentes . dat. sub magno sigillo nostro apud castrum metuendissimi domini mei de wyndesore octavo die julii , anno regni dicti domini mei tercio . in the first year of the reign of king henry the 8. who had no lesse than six queen consorts , ( to some of whom he was very unkind ) i found this patent of his first queen katherine to richard decons , constituting him her receiver general of all herrents and revenues , and likewise of her qeen-gold by expresse name , enrolled in the rolls of that year in the kings remembrancers office. memorandum , quod richardus decons armiger venit coram baronibus hujus scaccarii quartodecimo die novembris hoc termino in propria persona sua , & exhibuit curiae hic quasdant ( 5 ) literas patentes dominae katerinae reginae angliae consortis domini regis nunc , de magno sigillo ipsius dominae reginae eidem richardo de officio generalis receptoris ipsius dominae reginae confect . petens literas illas hic in curia irrotulari . et barones literas illas irrotulari praeceperunt in haec verba . katherina dei gratiâ regina angliae & franciae & domina hyberniae . omnibus ad quos praesentes literae pervenerint , salutem . sciatis , quod nos de gratia nostra speciali , ac de fidelitate , circumspectione , et industria dilecti servientis nostri richardi decons armigeri plenius confidentes . constituimus et ( 5 ) ordinavimus ipsum richardum generalem receptorem nostrum , omnium castrorum , honorum , dominiorum , maneriorum , terrarum , tenementorum , reddit . firm. feod . firmarum , annuitat . & avri vocat . quene gold , ac aliarum commoditat . nostrarum quarumcunque nobis pertinen . seu spectan . et ulterius officium generalis receptoris nostri praedicti praefato richardo decons damus et concedimus per praesentes ; ac etiam volumus , & tenore praesentium authoritatem damus et concedimus praefato richardo ad approvand . omnia praedict . castra , honores , dominia , maneria , terr . ten. & caetera praemissa cum pertinentiis ad majus proficuum & commodum nostra , & ad constituend . deputand . & ordinand . omnes officiarios pro receptione omnium & singulorum denar . nobis debit . & imposterum debend . de exit . recept . dictorum castrorum , honorum , dominiorum , maneriorum , terr . & ten. ac caeterorum praemissorum secundum suam discretionem , prout sibi melius videbitur pro nostris commodo et proficuis ; ac de recept . suis praedictis acquietan . nomine nostro dand . & sigilland . habend . tenend . & occupand . officium praedictum praefato richardo à festo annunciationis beatae mariae virginis ultimo praeterito , quamdiu nobis placuerit , percipiend . annuatim per manus suas proprias de receptione sua praedicta talia feod . & vadia , qualia alii recept . temporibus aliarum reginarum habuerunt et perceperunt , ad festa sancti michaelis archangeli & paschae per aequales porciones , unà cum omnibus aliis proficuis , commoditatibus & emolumentis dicto officio pertinen . sive spectant . damus igitur universis & singulis receptoribus , ballivis , bedellis occupat . approvat . tenen . offic. & ministris nostris quibuscunque , ac omnibus aliis quorum interest tenore praesentium firmiter in mandatis , quod eidem richardo in executione et occupatione offic. praedicti intendentes sint & respondentes in omnibus prout decet . in cujus rei testimonium has literas nostras fieri fecimus patentes . dat. sub magno sigillo nostro apud manerium domini mei de grenewich vicesimo die junii , anno regni dicti domini mei regis henrici octavi primo . a mr. william hakewill in his treatise of queen-gold , and others inform us , that richard deacons was receptor generalis katherinae reginae , anno 12. usque 22 h. 8. & avri svi , for which he received a fee of 50 l. per annum , as doth appear by an account of his in the keeping of queen annes auditor anno 5 jacobi regis : and that katherine first queen consort to king henry the 8. constituted him her receiver general of all her rents , monyes , debts , and also of her quéen-gold . which no lesse argueth the distinction of the office of receiver of the quéens gold , then the other special patents for the same ; the words in which account are these . richardus deconus armig. generalis receptor omnium terrarum , tenementorum , &c. katherinae reginae angliae , & avri reginae vocati queen-gold . which account of his i have not yet seen , nor know where to find . the b pipe roll anno 22 h. 8. informs us , that griffinus richards armig. was generalis receptor denarior . & avri reginae katherinae consortis h. 8. so likewise ( as c mr. hakewill writes ) in the letters patents of queen anne bulloigne ( which he and others referr to anno 25 & 27 h. 8. which i cannot finde , after a double search for them ) made unto george taylour her attorney general , are found these words . anna , &c. ordinamus , &c. georgium taylour receptorem generalem omnium reddituum , &c. et avri reginae vocati queen-gold . but how much queen-gold any of h. 8. his queens in his reign received , or what writs issued for the levying therof , i cannot yet discover : only d mr. william hakewill informs us of one account in the custody of queen annes auditor , and of the form of a writ for levying aurum reginae ▪ to the use of queen katherine , last wife to king henry the 8. found in an old president book of that time , which i have not yet met with ; which no doubt agrees with the form of the pr●mised writs of that kinde . this duty of aurum reginae being totally suspended and put in long abeyance from the decease of king henry the 8. in the year 1547. by reason of king edward the 6. his death before marriage , and the descent of the crown to queen mary and queen elizabeth as soveraign queens , ( not queen consorts ) uncapable of this duty ; was again re-continued and revived by the descent of the realm and crown of england by * undoubted inheritance and succession to king james the 6. of scotland , then married to queen anne , by whom he had issue ; who making his royal progresse together with his said queen out of scotland into england to take possession of the crown and realm , arrived in the city of london on the 7th of may. anno dom. 1603. and on the 25 of july following , being st. james his day , he and his queen anne were with great solemnity an●ynted and crowned in the coll●giate church of westminster by archbishop whitgift : at which time the earl of oxford , lord chamberlain to the queens highnesse , put in a claim , to have the appointing of a clerk in the exchequer for the levying of avrvm reginae , ( out of the red book in the exchequer , and pat. 20 r. 2. forecited , p. 24 , 25. ) and about the same time mr. william cambden , * clarencieux , second herald at armes in a manuscript collection reserved in sir john cottons library , cap. 16. of the priviledges of quén wives ; inserted this of aurum reginae amongst others ; for which he cites the words of gervasius tilberiensis , ex libro rub●o in scaccario , l. 2. cap. 26. de auro reginae , which concern queen-gold , & that ibld. f. 223. forecited . et quod hic fit mentio de auro reginae , quod varii varia de exactione illa senserunt , quibusdam dicentibus , quod aurum non debetur nisi quando quis finem fecit pro relevio ; alii dixerunt , quod de quocumque fine centum marc. & supra . set licet richardus ep●scopus refutat istud in libro suo , tamen videtur , quod debeatur avrvm reginae de quolibet fine 10. marcarum et supra , quod probari potest per rotulum anno 10 regis johannis in berks , ubi abbas rading finem fecit pro sexaginta marcis pertinent . ad hundredum suum . et eodem rotulo titulo aurum reginae reddit compotum de 20 marcas pro avro reginae de praedicto five 60 marcarum . by reason of the extraordinary plague of pestilence in london that year , and in most cities and great towns throughout england the year following , queen ann● ( for ought i find ) then laid no actual claim to this duty of queen gold ; but in the year 1605. mr. william hakewill , being her sollicitor general ( a person well versed in the records of the eschequer and other antiquities , afterwards a bencher and reader of lincolnes inne , my very good friend and acquaintance ) compiled and presented to queen anne a treatise upon the nature of aurum reginae , conteining the transcript of divers * records , produced in proof of several points thereof ; to be viewed by his most excellent majesty ; collected and disposed under certain divisions : which being an unprinted manuscript , i shall only present you with his own preface thereunto , and the chapters thereof . since the decease of king henry the 8. unto the time that the government of this realm of england , did rightfully and happily descend upon our soveraign lord king james , being conjoyned in the blessed band of marriage with that right high and excellent princesse queen anne , the queens majesty that now is our gracious queen : it pleased god that for the space of almost threescore years together , this realm happened to be governed either by a king within age , by a queen marryed unto a forreign prince , or by a maiden queen , and not by a marryed king in his own and proper right , as now it is . so that it is no marvel that the peculiar rights and dutyes wherewith the common law of this realm hath endowed the quéens majesty that now is , as quéen of this realm of england , should through so long want of a person able to claim and enjoy the same , be almost forgotten , and being put in vse seem strange and new . neverthelesse the records and remembrances of ages past ( which are the surest and most impartial preservers of rights ) have not only redeemed the same from the injury of time , which by that rare accident had almost brought them to utter oblivion , but may give also full satisfaction to all objections which can be made against the title , right , and justnesse of divers things hitherunto not claimed by her majesty , which neverthelesse do clearly belong to her , and ( considering the great blessing which by her means we enjoy ) do especially deserve to be continued , and with all tendernesse preserved . amongst which , upon search lately made , it doth appear , that by the common law of the land her majesty hath right to claim and enjoy a revenue hitherto not demanded by her , called avrvm reginae , or queen-gold ; of the nature of which the treatise ensuing is written : divided into these chapters following . 1. that there is a revenue belonging to the quéens of england , called aurum reginae , or queen-gold . 2. touching the name of avrum reginae . 3. what avrvm reginae is in general . 4. the ordinance of avrvm reginae , and the authority thereof . 5. observations upon the ordinance de auro reginae . 6. that quéen gold is due out of all voluntary offers or fines made with the king. 7. what a voluntary offer in this case was interpreted to be by the ancient quéens . 8. how a voluntary fine is proved by an ordinance in the red book in the exchequer . 9. the several kings of voluntary fines upon which queen gold hath been paid . 10. the proportion of queen-gold upon such voluntary fines . 11. that queen-gold is to be paid to the queen by the party making fine , over and above the fine wholly paid to the king. 12. that the queen-gold unreceived by her in her life , is due to the king after her decease . 13. that processe for levying aurum reginae , ought to issue out of the kings exchequer . 14. that the queen is to have her special officers in the same court for the making of such processe , and recovery of this to her . 15. that the same processe be such as is usual in the kings case . 16. that the kings processe is first to be served , before the queens . 17. that although the kings majestie release part or all of his fine , or deferr his processe for the same , yet shall not thereby the queens debt be either released or deferred without her consent . 18. out of how small fines queen-gold is due . 19. that queen-gold is due by the common law of the land. upon king james his perusal of this treatise , he referred the examination and consideration thereof to his chief justice popham , and sir edward cooke , as we are since informed by the 12. part of his reports , published after his death , london 1656. during our late anarchy , pag. 21 , 22. relating the issue and result thereof , in these ensuing words . pasch . 4. jac. regis . * note , by the commandement of the king , it was ref●rred to popham chief baron ( mis-printed for chief justice , ) and my self , what right the queen which now is , hath , and in what cases to a right claimed by her , called aurum reginae , that is to say , pro centum marcis argenti una marca auri solvend . per illum qui sponte se obligat : and upon consideration had of it by a long time and view of all the records and presidents , viz. libr●m rubrum in scaccario , fol. 56. ( it should be 46. ) de auro reginae , where it is said , that it is to be taken de iis qui sponte se obligant regi , &c. which is the foundation of this claim ; and of a record in the tower 52 h. 3. and of a record in the exchequer , hill. 12 ed. 3. and in the tower in the same year , in rot. claus . and of acts of parliament 15 e. 3. cap. 6 , & 31. e. 3. cap. 13. and the 13 r. 2. in turri , and divers other presiden●s and processes out of the exchequer in the times of r. 2. and h. 4. and other kings until the time of h. 7. it was resolved , that the quéen hath right to it ; but with these limitations . 1. that it ought to be sponte , by the subject sine coactione ; so that this ought to be at the pleasure of the subject , whether he will give or no : and for this all fynes upon judgement , or by off●r , or fyne for alienation , or in any other case where the subject doth not do it sponte sine aliqua coactione , viz. that the king of right ought to have it , there the quéen shall have nothing . 2. it ought to be sponte fine consideratione allcujus reventionis seu interesse , that the king hath in esse in jure coronae : and for this upon sale or demise of his lands , or wards , or goods of felons , out lawes . et simili casu , for these are contracts and bargains concerning the revenues and interests of the king : and it cannot be said in such case that the subjects sponte se obligant , as to purchase or buying any the revenues and interests that the king hath . 3. it ought to be sponte super considerationem , et non ex mera gratia et benevolentia subditi . for that which is of mere grace , is not properly said of obligation or duty ; and the words of the records are , to have de iis qui sponte se obligant ; and so it was ordained by the king and his counsil , as appears by the record of hill. 4. e. 1. in scaccario . 4. it ought to be sponte super considerationem quae non longe reventionem seu interesse coronae , in any thing which the king hath : as if the subject give to the king sponte a summ of money for license in mortmain , or for to create● a tenure of himself , or to have a fair , market , park , chace , or warren within his mannor , there the quéen shall have it . for the subject did this sponte , and was not constrained unto it ; and this doth not concern any revenue or interest of the king : but if the king hath a fair , or market , or park , or warren , and grant it for a summ of money , there the queen shall have nothing , for this was a thing in esse , and parcel of the revenue of the crown : and by that it appears , that forasmuch as little or nothing is given in such case where this of right is due , this is not now of any such value as was pretended . and this resolution was reported to our soveraign lord the king by popham , in the gall●ry at whitehall . if this report of these two referrees concerning queen-gold be true and genuine , and not vitiated or corrupted with some additional restrictions since superadded to it , which i suspect , yet it is most clear by both their resolutions , that queen anne had then a right unto this duty of queen-gold ; and that it is due of right , from some sort of fines and oblations , specified in the fourth resolution : but by reason of those limitations put upon it by this report , he saith , this is not now of any such value as was pretended ; and that the ●oundation of this her claim was the red book of the exchequer , and other records then viewed and briefly quoted in the report . whether they perused those , or any other records i know not ; but had they viewed all those here transcribed , i am very confident they would never have reported to king james , that the queen shall have nothing , or no aurum reginae , by offer or ●ine for ali●nations , or for sale or demise of his lands , or wards , goods of felons , or outlaws , and the like , for these are contracts and bargains concerning the revenue and interest of the king ; and it cannot be said in such cases that the subjects , sponte se obligant : since most of the forecited records expresly averr the contrary , against which there can or ought at least to be no averment , especially by such eminent judges and lawyers as those referrees then were what further proceedings were used by the queen or her counsil for the recovery of this her unquestionable antient legal duty of queen-gold after this report , i cannot certainly determine , neither the queen nor her counsil being satisfied with most of the limitations therein specified , since diametrically repugnant to the records they produced , to justifie her right thereto . sir edward cooke in his 4 institutes p. 357. ( printed since his death ) cites the * premised patent of king henry the 3. to prince edward his eldest son , pat. 52 h. 3. m. 26. whereby he granted him the land of ireland with all its appurtenances , adeo liberè & quietè sicut tam in manu nostra teneremus , per quod charissina filia nostra alianora consors dicti fili nostri aurum suum , tam de finibus quam de sponte oblatis in terra h●berniae habere debet , sicut charissima consors nostra alianora regina angliae aurum suum habet de eisdem in regno nostro angliae . vobis mandamus , &c. from whence he observes , that albeit the wife of prince edward was not queen ( of ireland ) by name , yet she had the effect of it ; therefore she should have a duty called aurum reginae , as well as the queen of england , being but la●y in ireland . for albeit the king of england was ( untill the statute of 33 h. 8. c. 1. ) stil●d by the name of lord of ireland , yet was he supremus & absolute dominus , and had royal dominion and authority ; and that his consort was in rei veritate regina , or else she could not have had aurum reginae . a clear confession and acknowledgement , that the queen-consorts of england by their prerogative as queens , had an an●ient right to queen-gold not only in england but ireland too , before the kings of england were 〈◊〉 kings of ireland , much more then since 33 h. 8. which changed their title of lord into king of ireland . in the 11. year of k. charles the 1. upon the petition of mary his queen-consort , after a full hearing and debate of the antiquity and legality of this royal prerogative of aurum reginae before the king and queen by their learned counsil at law , and the reading of several presidents and records produced by them relating thereunto ; the king was pleased to send this writ to the treasurer and barons of his exchequer , for the levying of this duty of queen-gold for all fines and things out of which it was due , for his queen-consorts use , as it had been accustomed in the times of her predecessors queens of england , thus enrolled in the kings remembrancers office in the exchequer . anno 11 caroli regis 1. carolus dei gratia angliae , scotiae , franciae , & hiberniae rex , fidei defensor . &c. thesaur . & baron . de scaccario nostro , salutem . cum praecharissima consors nostra henrietta maria regina angliae nobis supplicaverit , ut ipsa quod ad eam pertinet de auro reginae habere et percipere possit , sicut temporibus retroactis reginae angliae pro tempore existen . habere et percipere consueberunt ; nos volentes eidem consorti nostrae in hac parte ●●eri quod est justum , vobis mandamus , quod praefatae consorti nostrae aurum praedictum , er aliarum pecuniarum summis de quibus aurum reginae rationabiliter debetur levari , et illud praefatae consorti nostrae sive ( 5 ) custodi vel receptori auri sui in hac parte assignand . sine dilatione liberari faciatis , prout reginis angliae temporibus progenitorum nostrorum regum angliae fieri consuevit . teste meipso apud westm . 19 die junii , anno regni nostri undecimo . per ipsum regem . after which ( as i have been informed ) the king upon certain considerations by way of composition gave the now queen-mother ten thousand pounds in gold in lieu of her queen-gold . by all these premised records , writs , accounts , memorandums , to omit all others of like nature which i conceive might be found in the several treasuries , files of writs , rolls , and baggs of accounts in the kings court of exchequer ( which i have not yet had time exactly to peruse , by reason of my other publike employments ) the quiddity , quantity , quality , antiquity , legality of this duty of aurum reginae , the several fines , oblations out of which it ariseth , the officers , processe by which it ought to be levyed , collected , received , accounted for ; it s accruing to the king by the queens death , and all other necessary circumstances concerning it , with our present queen consorts undoubted right , title thereto , are so perspicuously and irrefragably evidenced to every readers judgement , conscience , who shall seriously or cursorily peruse them , that to waste more time or paper in the further demonstration thereof , would be nothing else , but to endeavour to adde light to the noon-day sun , and water to the ocean . i confesse this antient royal duty of queen-gold ( which hath much analogy with another old prerogative of the quéen consorts of england , that whereas the king by his prerogative royal ought to have all the whales cast on shore , or wrecked in all places within the realm of england ( unlesse granted to lords of manors and others by special words and charters from the crown ) as a royal fish ; the king himself shall have the head and body to his benefit , to make oyle and other things ; but the queen the tayl● , to make whale-bones for her royal vestments , dresses , and other uses in her wardrobe , as our * records inform us ) like this whale duty hath been totally suspended and discontinued , from the death of king henry the 8 , till the first year of king james , for want of a queen consort , and not rigorously exacted by queen anne , or queen henrietta maria ( now queen mother ) for reasons best known to themselves , though they made their publike claims thereto , and obtained judgements and writs for the levying thereof . i likewise grant , that some of the rich●st veins of this old royal gold mine , have been totally cut off from it by two late acts of parliament ; the first enacting , * that none shall be compelled to receive or take upon them the order or dignity of knighthood , nor shall suffer or undergo any fine , trouble , or molestation whatsoever , by reason or colour of his or their not receiving the said order or dignity . the later ; † taking away and abolishing the court of wards and liveries , with all wardships , liveries , primer-seisins , ouster le mains , values and forfeitures of marriages , by reason of any tenure of the kings majesty ; and all other gifts , grants , charges , incident or arising for or by reason of wardships : and all tenures by knight-service in capite , o● by socage in capite of the king , fines for alienations , seisures , and pardons for alienations , out of which this duty of queen-gold did principally spring and accrue to our queens : but this is so farr from being any reason for our present , or other queens totally to quit their ancient indisputable rights to all other veins , branches , of this gold mine , because these are lopped off , or that the other should never be opened hereafter , because they have been so long unwrought or neglected ; that they have the greater reason speedily and effectually to pursue their claims , titles thereunto , and extract all the remaining gold veins & ore belonging to them without delay ; lest they should be for ever lost , not only to their own prejudice , and dishonour , but to the disinherison of the king himself , his crown and dignity , from whom it is originally derived , and to whom all arrears thereof accrue by law and custome after the queens decease . it hath been the policy , practise of our kings in most former ages and this , to issue out their letters patents and commissions to sundry persons and officers to * search after , open , digg , work all royal mines of gold and silver belonging to them by their prerogative , and lawes of this realm , throughout england , wales , ireland , and other their dominions , to encrease the revenues of the crown , and current money of the realm , though i could never yet find upon view of † accounts that they received any considerable revenue or advantage thereby , but only the support and continuance of their prerogatives and title to these royal mines . yea , king edward the 3d. in his parliament held at westminster in the twelfth year of his reign , at the earnest petition of the commons , with the advise and assent of his prelates , earls , barons , and others of his counsil in that pa●liament , for the common benefit of the realm , granted for him his heirs and successors , free l●berty to all and every person of this realm , that they and every of them might dig for mines of gold , silver , and 〈◊〉 treasure within his or their own soyl , by the view and oversight of such clerks and officers as he and his heirs should appoint ; and extract , fine , and coyn the same at his exchange and mint , at their proper costs , to augment the money of the realm ; rendring to him , his heirs and successors the full third part of all the pure silver , and the full moiety of all the gold which should be so digged , fined and coyned by them ; reserving the residue to themselves : which he likewise ratified by his letters patents in the 15th year of his reign , as this memorable record ( not hitherto published ) will inform us , now worthy publike consideration , to excite all ingenuous persons to a diligent scrutiny after such mines , to recruit , supply the extraordinary want of gold and silver coyne , to advance the trade , improve , pay land-r●nts , and defray the extraordinary publike taxes of the kingdom . * rex omnibus ad quos , &c. salutem . sciatis , quod cum in parliamento nostro apud westmon . anno regni nostri duodecimo convocato , cons●deratâ tàm nostri quàm pcpuli regni nostri communi utilitate , ad instantem requisitionem communitatis ejusdem regni nobis per petitionem suam coram nobis et concilio nostro in eodem parliamento factam ; de assensu praelatorum , comitum , baronum , et aliorum de concilio nostro tunc ibidem existentium , concesserimus universis et singuli● de dicto regno , quod ipsi et eorum quilibet solum suum proprium pro mina auri et argenti , et pro thesauro abscondi●o quaerendo et inveniendo fodere , et dictam minam auri et argenti per bisum et testimonium cujusdam clerici per nos bel haeredes nostros ad hoc deputandi purgare et peraffinare ; ad dictum thesaurum inventum per visum ejusdem clerici extra solum trahere possent pro suae libito boluntatis : ita quod totum argentum sic purgatum et peraffinatum ad cunea nostra et haeredum nostrorum deferatur custodibus cambii vel cambiorum nostrorum aut haeredum nostrorum per indentur . inde faciend . ibident liberand . ad monetam inde cudend . et quod singuli dominorum praedictorum omnes sumptus et custas qui in praemissis apponendi fuerint , de suo precio faciant et apponant ; quodque * teriia pars monetae sic cussae nobis et haeredibus nostris remaneat ; et duae partes esusdem dominis , quorum solum illud fuerit , liberentur : et quod totum aurum praedictum sic purgatum et peraffinatum , et thesaurus inventus , per praefatum clericum et dominos , qui aurum illud sic purgaberint et thesaurum invenerint , vel illos quos ad hoc deputaverint , ad scaccarium nostrum et haeredum nostrorum salvo ad sumptus e●rundem dominorum deferantur , una cum indenturis , quas inter ipsum clericum et praefatos dominos inde fieri volumus ( prout decet ) et medietas inde ad opus nostrum et haeredum nostrorum retineatur ; et in thesaurariam nostram et ipsoum haeredum nostrorum liberetur ; et altera medietas praefatis dominis et eorum singulis restituatur et remaneat ed commodum suum inde faciendum , pro dictis sumptibus et custubus in praemissis apponendis , ( ut praedicitur ) facilius supportandis . nos volentes concessionem nostram praedictam effectui mancipari , concessimus et licentiam dedimus , pro nobis et haeredibus nostris , praelatis , comitibus , baronibus , at caeteris hominibus de dicto regno nostro angliae , et terrae nostra walliae , et eorum haeredibus , et successoribus , et aliis , terras et renementa ibidem habentibus et habituris , quod ipsi et eorum singuli solum proprium pro mina et thesauro hujusmodi ibidem querendo et inveniendo fodere ; et dictam vinam per misum et testimonium hujusmodi clerici sit ad hoc deputandi purgare et peraffinare ; et thesaurum in●entum evtra solum suum in forma praedicta trahere possint , fine occasione vel impedimento nostri bel haeredum nostrorum , iusticiariorum , escaetorum , vicecomitum , aut aliorum balliborum seu ministrorum nostrorum quorumcunque : ita quod totum argentum sic purgatum et peraffinatum ad cunea nostra praedicta , et dictum aurum similiter purgatum et peraffinatum , et thesaurus inventus ad scaccarium nostrum et dictorum haeredum nostrorum deferantur ; et praedicta tertia pars monetae sic cussae , et medietas totius auri sic purgati et peraffinati et dicti thesauri inventi , nobis et haeredibus nostris remaneant ; et residuum inde dictis liberetur et restituatur in forma supradicta . et quod st dicti domini bel eorum aliquis fodere neglererint vel neglexevit , tunc nos et haeredes nostri in eorum defectu solum suum pro voluntate nostra fodere , et totam minam et thesaurum in eodem inventa , ad commodum nostrum et haeredum nostrorum inde faciendum possumus absque contradictione alicujus retinere . nolumus tamen quod aliquis de dictis regno et terra , cujuscunque status seu conditionis fuerit praetextu concessionis praedictae minam hujusmodi in absentia dicti clerici nostri purget vel peraffinet , aut thesaurum inventum extra iocum ubi ipsum inveniri contigerit trahere praesumat , sub forisfactura eorundem . in cujus , &c. teste rege apud turrim london 28 die julii . per ipsum regem & consilium . if then all the commons of england by this act of parliament have free liberty to digg and open royal mines of gold and silver in their own so●les : much more then ought our queens to resume and enjoy their ancient legal prerogative , to open and improve their long obstructed mines of queen-gold for their best advantage ; especially since the ancient standing lands , revenues of the crown , out of which their joyntures and dowers arise , are so much diminished , that some think an act of resumption of them ( usual in * former ages ) as necessary in this age , as in any former kings reign whatsoever . it is a common proverbial speech in most mens mouthes , that the smallest filings and atomes of gold are so precious , that they are not to be cast away , but carefully preserved . much lesse then ought this whole , ancient legal revenue of queen-gold ( although some veins and filings of it be only left ) to be totally neglected , and not carefully preserved by our queen consorts , when they and their counsil shall deem it necessary or expedient . the rather , because this aurum reginae is not like to the popes aurum papale , a qui bugas dat , accipit aurum , &c. raising a large annual golden rebenue out of his leaden bulls , for infamous absolutions from , and dispensations for the b most execrable sodomitical , bestial sinnes , against all laws of god and nature , committed as well by the most religious cloistered votaries of the roman church , as the dissolutest strumpets in the stews at rome , dispensing with no less then 385 sins of the greatest magnitude in his tara camerae for set sums of gold , to support his usurp●d papal suprem●cy , luxury , and more then regal splendor ; but an antient , legal , royal , real duty , arising from just , honourable , and true christian valuable considerations , as the premises abundantly evidence . nor is it a meer chymical notion , or chimaera , standing in need of a philosophical priest , monk , chim●st , armed with a royal commission , by the help of a long sought-after , but not hitherto-invented philosophers stoke , to transubstantiate copper , brass● , tinne , and other baser metals into real solid gold and silver , by limbecks or charms ; as all popes , masse-priests c dogmatically affirm , they can and daily do transubstantiate the eucharistical bread , by pronouncing , hoc est enim corpus meum , in the canon of their masse-books over it , ( though not the words of benediction or consecration , which d preceded , directed to the bread , but a reason rendred by christ to his disciples after his benediction , why they should receive it , as the word enim imports , and so not words of transubstantiation as they assert ) into the very natural body and blood of christ , born of the virgin mary , actually ascended into heaven above 1600 years past , without any addition thereunto ; though they neither s●e it with their eyes , nor taste it by their pallats , nor feel it by their hands , nor discern it by their smell to be the body of christ , ( who hath resolved the eyes , senses to be the e proper judges , discerners of the reality and verity of his body , and of his miraculous resu●rection and ascention into heaven , chief articles of our faith ; ) without which real transubstantiation , they teach and believe there can be no true sacrament of the eucharist , nor meritorious sacrifice of their masse ; when as the generality of their f schoolmen , canonists , casuists , and writers of legends and saints lives resolve , that if the consecrated hostia shall appear to the eyes , or senses of any priest or receiver , to be really and visibly transubstantiated into the form or substance of christs body , or appear in the shape of a little infant , raw flesh , or blood , ( as their legends report it hath to several of them , though not to all ) it is a divine miraculous inhibition to them , not to eat or receive it , unless it shall resume the shape of bread . nam a apparet in forma puert , vel hujusmodi non debet sumere , quia non apparet sub specie convenienti humanae refectioni . an unanswerable argument , that their late coined doctrine of transubstantiation which they very hotly contend for , is so far from being an essential necessary ingredient of the sacrament of the lords supper , ( purposely instituted by our saviour to be received and eaten by all priests and communicants when ever it is consecrated , in memory of his death and passion , ma● . 26. 26 , 27. mar. 14. 22 , 23. luk. 22. 16 , 17 , 19 , 20. 1 cor. 10. 16 , 17 , 21. ch . 11. 24 , to 34. & summa angelica tit. eucharistia 3. circa sumptionem ejus ; ) that it is altogether inconsistent with , and diametrically repugnant to it , because when they visibly see it by their bodily eyes to be really transubstantiated into christs body , flesh , or blood , as they suppose , they ought not in conscience to receive it ; therefore by the self-same argument they ought not to do it when they as really believe it to be thus transubstantiated , as if they did visibly and miraculously behold it . now if every pope and ordinary masse-priest can thus daily transubstantiate the sacramental bread into the very natural body of christ , and create their creator , as they believe and assert , which is the greater , though they differ toto genere , and have no analogy with each other ; then they may more confidently believe and affirm , they can transubstantiate copper , brasse , tinne , lead , and other baser metals , into real gold and silver , since they all agree in the genus of metals , and are not so far different from each other as bread and christs natural body . upon which account our king henry the 6. by advice of his counsil and authority of parliament , issued no lesse then four successive patents and commissions to several learned knights , citizens of london , chimists , monks and masse-priests , to finde out the philosophers stone , or elixir , which would not only cure all diseases , and make men live to the utmost possibility of nature , but likewise transubstantiate other baser metals into most true and solid gold and silver , to the great benefit of the realm , and enable him in very few years to pay all his creditors in real gold and silver . which patents and commissions for their raritie , to gratifie our chimists , virtu●si , and those who have made transubstantiation an article of their new trent creed , i shall here present you with out of the records in the tower. rex omnibus ad quos , &c. salutem . sciatis , quod cum dilecti & fideles nostri edmundus de trafford miles , & thomas asheton miles , nobis per quandam supplicationem monstraverit , quod quamvis ipsi super certis materiis per artem ●●v scientiam philosophiae operari vellent , vibelicet metalla impersecta de suo proprio genere transferre ; et tunc ea per dictam artem ●s ; ive scientiam , in aurum vel argentum perfectum transubstantiare , ad omnimodas probationes et examinationes , sicut aliquod aurum vel argentum in aliqua minera crescens erpectand . et indurand . ( ut dicunt . ) nihilominus certae personae illis malevolentes & malignantes , supponunt ipsos per artem illicitam operari , ut sic ipsos in probatione dictae artis sive scientiae impedire & perturbare possent . nos praemissa considerantes , ac conclusionem dictae operationis sive scientiae scire volentes , de gratia nostra speciali concessimus et licentiam dedimus eisdem edmundo & thomae et ipsorum servientibus , quod ipsi artem sive scientiam praedictam operari et probare possint licite et impune , absque impetitione nostri vel officiario●um nostcirc ; rorum quorumcunque ; aliquo statuto , acta , ordinatione ●s ; ive probisione in contrarium fact . ordinat . sive provis . non obstante . in cujus , &c. teste rege apud westm . 7 die aprilis . per breve de privato sigillo , & de data praedicta , auctoritate parliamenti . rex omnibus ad quos , &c. salutem . cum copia numismatis paincipaliter genererat universalem prosperitatem in quacunque regione , et nobis expositum sit , quod al qui sunt modi utiles et honesti , pet quos numisma tam de auro quam de argento possit in regno nostro angliae faciliter multiplicari , tam pro marima utilitate totius reipublicae notum facimus , quod nos tantam utilitatem negligi non volentes , set per bona media produci ad effectum plenarie confidentes , de fidelitate , industria , sagacitate , atque bona diligentia dilectorum nostrorum willielmi cartelowe , & johannis middleton mercerorum london . matthaei philip , & humphrey heyford aurifabrorum , richardi lee , & roberti gayton grocerorum , thomae couk , & thomae david draperorum , necnon eliae horwoud custodis cambii nostri london . ipsos pariter & eorum quemlibet per se , tàm conjunctim quàm divisim , ex const●lii nostri deliberatione commi●●mus et deputavimus , committimus et deputamus per praesentes ad diligenter investigandam veritatem s●per hiis quae in scriptis erunt eis ministrata pro antedicta multiplicatione numismatis , tam de auro quam de argento in regno nostro per bona media consequenda : ac etiam de comm●do vel incommodo universalitati dictae reipublicae inde proventuro ; capiendo , 〈◊〉 l egeant , constiium ab aliia in tali materis expertis , quibus nostris commissariis antenominatis et eorum cuilibet , tam conjunctim quam divisim , districte praecipiendo specialiter damus in mandatis per easdem praesentes , quatinus in praemissis et circa praemissa cum suis circumstantiis vigilanter vacent et intendant cum effectu ; et quicquid in praemissis egerint et receperint cum eorum opintine vel opinionibus in hac parte ipsi pariter aut quinque ipsorum referant per bonam declarationem in scriptis nobis aut consilio nostro in principio proximi mensis julii in praesenti anno regni nostri tricesimo quarto ; dante 's insuper in mandatis per 〈◊〉 praesentes quibuscunque officiariis et subditis nostris , et eorum cuilibet , prout ad eos pertinuerit , quatinus commissariis nostris praenominatis . vel quinque aut tribus eorundem parcant efficaciter et intendant in praemissis , cum requisti●i fuerint . in cujus , &c. teste rege apud westm . 17 die maii. rex omnibus ad quos , &c. salutem . sciatis , quod cum antiqui sapientes et famosissimi philosophi , in suis scriptis et lib●is , sub figuris et integumentis docuerint et reliquerint , et vino et lapidibus pretiosis , ex oleis , ex vegetabilibus , et animalibus , ex metallis , et ex medits mineralibus multas medicinas gloriosas et notabiles confici posse ; et praesertim quandam medicinam praeciosissimam , quam aliqui philosophorum matrem et imperatricem medicinarum dixerunt ; alii gloriam inaestimabilem eandem nominaverunt ; alii verò quintam essentiam , * lapidem philosopho●um , et elixir nuncupaverunt eandem ; cujus medicinae virtus tàm ●fficax & admirabilis existeret , quod per eam quaecunque infirmitates curabiles curarentur faciliter , vita humana●ad suum naturalem prorogaretur terminum , et homo in sanitate et viribus naturalibus tam eorporis quam animae , fortitudine membrorum , memoriae claritate , et ingenii vivacitate ad eundem terminum mirabiliter praeservaretur : quaecunque etiam vulnera curabilia sine difficultate sanarentur ; quae insuper contra omne genns venenorum foret summa et optima medicina ; sed et alia plura commoda nobis et reipublicae regni nostri utilissima per eandem fieri possent , veluti metallorum transmutaciones in verissimum aurum et finissimum argentum ; nos frequenter meditatione multâ revolvimus , quàm delectabile et quàm utile tàm pro nobis , quàm pro regni nostri republica foret , si hujusmodi medicinae praeciosae ( divinâ favente gratiâ ) per labores haberentur virorum doctorum , necnon quod a retroactis diebus et annis plurimis datum fuit paucis et nullis ad beram prarim dictarum medicinarum gloriosarum pertingere , tàm propter arduas difficultates circa earundem compositionem incidentes et circumstantes , tàm quia timor poenalis ab investigatione et practica tantorum secretorum multos viros ingeniosos naturalibus scientiis doctissimos , et ad earundem medicinarum practicas disposi●issimos a multis diebus hucusque abduxit , abstrarit , et detrabit in praesenti , ne ipsi in poenam incidant cujusdam statuti , tempore regni * henrici abi nostri contra multiplicatores editi et provisi . quapropter congruum et expediens bisum est nobis , viros aliquos ingeniosos in scientiis naturalibus sufficienter imbutos , et ad practicandum dictas medicinas benevolos et dispositos , qui timeant deum , veritatem diligant , et opera deceptoria , et fallaces tincturas metalicas odiant providere , eligere et assignare , quorum securitati , indempuitati ex quieti sufficienter et nostra auctoritate et praerogativa regali probideamus , ne vel dum in opere et practica fuerint , vel post eorum labores et diligentias occasione hujusmodi practicae quovismodo perturbentur , inquietentur aut damnificentur in personis aut bonis suis , seu eorum aliquis perturbetur aut inquiete●ur in aliquo . nos igitur confidentes de fidelitatibus , circumspectionibus , profundis scientiis et benevolentiis egregiorum virorum johannis fanceby , johannis kirkeby , & johannis rany , in scientiis naturalibus eruditissimorum , elegimus , assignavimus , nominavimus , et licentiavimus ipsos omnes ex singulos , et er nostra regali praerogatiba , authoritate , et certa scientia ipsis , et eo●um cuilibet potestatem , authoritatem , libertatem , warrantum ac licentiam damus et concedimus specialem per praesentes , ad omnes et singulas medicinas praedictas juxta scientias et discretiones suas et sapientium , antiquorum doctrinas et scripta , conjunctim et divisim inquirend . investigand prosequend . perficiend . et complete proband . necnon transmutationes metallorum in verum aurum et verum argentum faciend . et exercend . statuto praecicto aut quocunque alio statuto poenali in contrarium , vel contra multiplicatores edito seu proviso , non obstante . dictos insuper johannem , johannem & johannem , ac etiam servitores suos qu●scunque , qui sibi , aliquibus , aut alicui eorum in hujusmodi practicae deserbierint ratione hujusmodi praxis , et quemlibet eorum in defensionem nostram , ●uitionem et pro●ectionem nostram specialem ponimus et suscepimus per praesentes ; omnibus et singulis iudicibus , iusticiartis , vicecomitibus , majoribus , ballibis et constabulariis , officiariis , ministris , beris ligeis et subditis nostris quibuscunque inhibentes , ne ipsi eisdem aut eorum alicui , praetextu dicti statuti , aut cujuscunque alterius coloris quaesrti , dum in practica praemissarum medicinarum aut alicujus eorum laborantes fuerint , aut aliquis eorum laborans fuerit , seu post complementum aut dimissionem practicae earundem occasione hujusmodi praxis , ullum gravamen , impedimentum , seu perturbationem quamcunque imponant aut inferant , seu permittant inferri , seu aliquos eorum alicui ex eis imponat , inferat aut permittat inferri : et si aliquid tale fiat ( quod absit ) mandamus omnibus officiariis et ligeis nostris , sicut nos timent et diligunt , quod sine mora tale emendetur gravamen , sub poena in nostram gravem indignationem incurrendi , ac forisfaciendi nobis omnia quae nobis forisfacere poterit , quicunque hiis nostris scriptis contraveniens fuerit aut rebellis . ex habundanti insuper dicimus et declaramus , quod intentionis nostrae regalis est , quod hae literae nostrae patentes valeant et sufficeant eis omnibus et eorum cuilibet , necnon serbitoribus suis ut ipsi securi , quieti et indempnes sint , et conserventur ab omnibus vexationibus et inquietationibus , quae contra eos aut eorum aliquem qualitercunque ex quacunque occasione cujuscunque statuti , contra multiplicatores editi seu provisi possent inferri . in cujus , &c. teste rege apud westmonasterium 31 die maii. per ipsum regem , & de dat . praedicta auctoritate parliamenti . rex omnibus ad quos , &c. salutem . sciatis , quod quia nobis expo●●tum est , * aliqua fore media licita et honesta , per bonam polliciam practicabilia , quibus mediantibus infra paucos proximo futuros annos omnibus nostris creditoribus bonae fidei condenienter satisfieri poterit de singulis suis debitis bonis et legalibus in bona pecunta numerata de auro et de argento , cum magna utilitate universalis reipublicae . nos totis viribus utilitatem publicam cum omni favore prosequi affectantes , nec volentes tantum bonum universale sub silentio inexpertum pertranfire , plenarie considentes de fidelitate et industria , perspicuitate atque bona diligentia dilectorum nostrorum magistri thomae hervei ordinis fratrum augustinen . magistri roberti glaselay ordinis fratrum praedicatorum in cantabrigia , magistri willielmi atclyffe physici reginae charissimae conthoralis nostrae , & magistri henrici sharp magistri in collegio sancti laurentii de pontiguico london , thomae cook alderman . london , johannis fyld fyshemonger , johannis yonghe & roberti gayton grocerorum , johannis sturgeon & johannis lambert mercerorum london . ipsos pariter et eorum quemlibet per se , tam conjunctim quam divisim , ex deliberatione consilii nostri , commi●●imus et deputavimus , commi●●imus et deputamus per praesentes , ad attente audiendum et vigilanter sapiendum pro investiganda veritate super hiis quae in praemissis et circa praemissa erunt eis tam verbis proposita quam in scriptis ministranda , cum suis circumstantiis , viz. si res in se sit factibilis , et utrum majus commodum vel incommodum nostrae reipublicae inde fuerit proventurum ; habito ( st egeant ) in hac parte consilio ab aliis expertis , quos duxerint consulendes . dante 's eisdem commissariis , et eorum cuilibet per se , specialiter in mandatis per easdem praesentes , quatinus hanc commissionem cutae habeant , et quamcitius debitae executioni demandent . et quicquid in praemissis cum suis circumstantiis ipsl aut aliqui eorum conjunctim , vel alter ipsorum separatim et divisim per se in hac materia egerint et reperierint , cum opinionibus suis , unus alterum non expectando , referant nobis aut consilio nostro per bonam declarationem in scriptis , infra primum diem menstis maii proximo ve●turi ; et in hiis talem adhibeant diligentiam , ut de prompta obedientia mereantur apud nos commendari ; et quod intellectis opinionibus eorum , cum maturo const●io ulterius procedere valeamus ad effectum . mandamus praeterea omnibus et singulis officiariis et subditis nostris , quatinus commissionariis praenominatis vel duobus ipsorum ( si requisiti fuerint in hac parte ) pareant efficaciter et intendant . in cujus , &c. teste rege apud coventr . 9 die martii . per breve de privato sigillo , & de dat . praedicta authoritate parliamenti . although all these patents , commissions for discovery of the philosophers stone ( to make a transubstantion of one sort of metal into another , which hath more affinity between them then christs natural body with bread ) for the profitable publike ends therein specified , proved altogether abortive for ought i find ; yet this antient duty of avrvm reginae being no aerial whyms●y , but an approved real revenue which hath brought in much gold and treasure to several queens in former ages , will questionlesse produce some real gold coyn to her majesties treasury every year , if her highnesse by the kings advise and assistance shall judge it expedient as well as it is just , legal to demand and levy it for the future out of all fines and oblations for which it is legally due , though there may be prudential reasons to remit all or most of it for what is already past , since the solemnization of her royal nuptials to his sacred majesty . a chronological catalogue of the queen-consorts of this our realm mentioned in this tractate , who received or claimed this duty of aurum reginae . st . helena , daughter and heir of king coel , queen consort to the emperor constantius , anno dom. 302. here , p. 9 , 10. eleanor , daughter of william duke of aquitaine , queen consort to king henry the 2. p. 104 , 105. isabel , daughter and heir of aimer earl of angolesme , queen consort to king john , p. 11 , 12 , 13. eleanor , second daughter of raymond earl of provence , queen consort to king henry the 3. p. 14 , 18 , 21 , 106. eleanor , daughter of ferdinando the 3. king of castile , first queen consort to king edward the 1. p. 18 , to 29 , 106 , 107 , 108. margaret , eldest daughter of philip the hardy king of france , second queen consort to king edward the 1. p. 28. isabel , daughter to philip the fair king of france , queen consort to king edward the 2. p. 30 , 32 , 33 , 34 , 49 , 50 , 109 , 110 , 111 , 115. philip , daughter of william earl of henault and holland , queen consort to king edward the 3. p. 34 , to 58. 111 , to 118. anne , daughter to the emperour charles the 4th . queen consort to king richard the 2. p. 58 , 59 , 60. joane , daughter to charles the first king of navarre , queen consort to king henry the 4th . p. 62 , 63 , 66 , 118. katherine , daughter to king charles the sixth of france , queen consort to king henry the 5th . p. 68. margaret , daughter of renate king of jerusalem , sicily , and arragon , queen consort to king henry the 6. p. 67 , 118. elizabeth , daughter of richard woodvill , earl rivers , queen consort to king edward the 4th . p. 68 , to 104. elizabeth , eldest daughter of king edward the 4th . queen consort to king henry the 7th . p. 119 , 120. katherine , daughter of ferdinando the sixth , king of spaine , first queen consort to king henry the 8. p. 122. anne , daughter to sir thomas bullen earl of wiltshire and ormond , second wife to king henry the 8. p. 122. katherine , daughter of sir thomas parre of kendall , marquess of northampton , sixth and last queen consort to king henry the 8. p. 123. anne , sister to christianus the 4th . king of denmarke , queen consort to king james , p. 122 , 123 , 124. henrietta maria , daughter to king henry the 4th . of france , queen consort to king charles the 1. p. 126. a chronological catalogue of the clerks , collectors , and receivers of aurum reginae , in the court of exchequer , herein mentioned . alexander de lucy ; an. 9 johannis regis , p. 10. alexander de resham , an. 9 johan . p. 11. lau●entius de castellis , an. 20 & 37 henr. regis 3. p. 15. johannes francigena , or franciscus , an. 29 & 30 henr. 3. p. 16 , 17. robertus de thaury , an. 39 & 40 henr. 3. p. 17 , 18. johannes de whitebergh , an. 56 henr. 3. p. 18. johannes de water●le , an. 1 edw. regis 1. p. 19 , 20. walterus de cantia , an. 3 edw. 1. p. 20. benettus de winton , judaeus , an. 4 edw. 1. p. 21. willielmus de wallie in hibernia , an. 7 edw. 1. p. 22. johannes de berewyke , an. 13 to 20 edw. 1. p. 23 , to 28. walterus de castello , an. 14 edw. 1. p. 23. johannes de godeleye , godele , or de godesley , an. 28 edw. 1. p. 28 , 29 , 108. johannes drury , an. 7 edw. regis 2. p. 30. robertus de hoten , an. 18 edw. 2. p. 32. johannes de oxenden , an. 7 edwardi regis 3. p. 33. johannes eston , or de eston , an. 18 & 34 edw. 3. p. 37 , 38 , 48. rogerus de cloune , an. 27 edw. 3. p. 41. johannes cooks , an. 27 edw. 3. p. 114. sire johane tabby , an. ● henrici regis 5. p. 66. geffray paynel , an. 3 henr. 5. p. 66. thomas dokes , an. 5 henrici regis 6. p. 68 , 119. thomas crooke , & willielmus essex , an. 24 henr. 6. p. 67. nicholaus lathel , & robertus calderot , deputatus ejus , an. 8 & 9 edwardi regis 4 , p. 69. thomas stydolfe , an. 20 & 21 edw. 4. p. 101. johannes icham , an. 22 & 23 edw. 4. p. 101. edmundus chaderton , an. 3 henrici regis 7. p. 119 , 120. richardus deacons armiger . an. 1 to 22 henrici regis 8. p. 120 , 121. griffinus richards , an. 22 henr. 8. p. 122. georgius taylor , an. 25 or 27 henr. 8. p. 122. a chronological catalogue of queens attorneys herein mentioned . walterus de kancia , an. 7 edwardi regis 1. p. 107. thomas de clough , or clogh , an. 25 & 27 edwardi regis 3. p. 36 , 37 , 39 , 41 , 100 , 114 , 115. walterus campeden , an. 27 edw. 3. p. 38. johannes de hedyndon , or edyndon , an. 28 edw. 3. p. 42 , 118. johannes de holt , an. 30 & 34 edw. 3. p. 43 , 44 , 45 , 117. johannes crooke , & willielmus essex , an. 24 henr. 6. p. 67. johannes i●ham , an. 22 & 23 edw. 4. p. 101. mr. herbert , an. 11 caroli regis 1. p. 72 , 109. finis . errata . pray correct these errataes at the press in some copies . pag. 16. line 32. for communicata read communitati , p. 33. l. 12. margaret r. isabel , p. 58. l. 1. in r. ne , l. 3. destre evaunt r. desore en avant , p. 105. l. 12. a r. autem , l. 44. regio r. regis , p. 115. l. 43. omnia r. omni , p. 118. l. 20 , 21. for katherins his mother r. joan his grandmother . notes, typically marginal, from the original text notes for div a56130-e550 a 1 eliz. c. 1. 5 eliz. c. 1. 3 ja● . c. 4. b the first , second , and third tomes of an exact chronological vindication , and historical demonstration , &c. london 16●6 , 1667 , & 1668. c here p. 9 , 10 ▪ d 12 car. 2. ch 24 & 27 car 1. ch . 20. e see page 46. f see pag 7. 51 , to 56. notes for div a56130-e1660 a 12 reports p. 21 , 22. b 4 institutes p. 3●7 . c in my epistle to an exact abridgement of the records in the tower. in my brevia parliamenta●ia part 1 , 2 , 3 , 4. my plea for the lords . the first and second part of my demurrer to the jews remitter into england . * an exact collection of the records in the tower. my ●lea for the lords and house of peers the 1 , 2 , 3 , and 4 part of a brief register and survey of parliamentary writs . the 2 ●art of my demurrer to the jews long discontinued remitter into england . the 1 ● , & 3 t●●e of my chronological v●nd●cation , and historical collection of our british , roman , saxon , da●ish , norman , english kings supreme ●●cleslastical iur●sdiction , &c. * placita parl. anno 33 e. 1. claus 33 e. 1. m. 3. claus . 14 e. 2 m. 14. pat. 16 e. 2. pars 1. m. 28. claus . 11 e. 3. pars 1. m. 13. dorso . claus . 14 e. 3. pars 2 m 10. dorso . claus . 34 e. 3. m. 15. intus . claus . 36 e. 3. m. 25. intus . pat. 3 e 6. ● die maii. pat an 9 eliz. 8 die junii . pat an. 2 jac. 30 decemb. & 10 jac 4 julii . notes for div a56130-e3180 a cooks 1 instit . f. 133. 2 , ash his repertory , ●it . praerogative , sect . 149 , 151 , 152 , 155 , 156 , & the books there cited . b mr. se● dens titles of honor , part 1. ch 6. sect . 7. p. 114 , 118 , 119. b printed london , 1656. p. 21 , 22. notes for div a56130-e4090 c plin. nat. hist . l. 33. c. 1 , 2 , 3 , 4. d augustinus , cassiodorus , & others , enar. & exposit . in psal . 7● . ( alias ) 7● v. 15. e operum , pag ▪ ●●7 . de fine auri ▪ f see cotgraves dictionary , tit. besant . gul. somneri , glossarium , & dr. wats his glossarium , tit. bizantium g radulphus de di●●to , ymagines hist . col . 640 , 642 , 655. h see fines , 9 johann . an. 40 h 3. m. 18. & an. 41 h 3. m. 6 ▪ &c. i psal . 21. 3. k esth . 4. 11. ch . 5 2. c. 8. 4. l psal . 45. 9. 13. * mr. seldens titles of honor , part . 1. ch 8. sect . 2 , 3. m 1 kings 9. 11. n 1 kings 10. 9 , 10. o 1 kings 9. 28. ch . 10. 14 , 15. p eccles . 2. 8. q psal . 72. 10 , 11 , 15. r ●ay 60. 6. ſ mat. 2. 1 , to 11. t ●ee the 2d tome of my historical vindication , p. 13. to 64. x de stella & magis ▪ &c. operum tom. 3. edit . pamelii , p. 285. y 2 kings 18. 14. 16. z 2 kings 23. 33 , 35. a pat. 43 h 3. pars 2. m. 15. pat. 4 e 1. m. 10. pat. ●7 e 1. m. 8. pat. 12 e 2. pars 1. m 30 dors . pat 12 e 3. pars 2. m. 4. fines 15 e. 3. m. 14. cl. 47 e 3. m. 25. pat. 12 r. 2. pars 3. m. 23 ▪ plowdens com●ment . f. 310 , to 340. brook prerogative , 134 , 137. notes for div a56130-e5490 b scriptorum britanniae , cent. 3. c. 7. 58. p. 250. * recorded likewise in the black book of the exchequer , a duplicate thereof . c sir edward cooks 12 reports , p. 21 , 22. * psal . 45. 9 , 13 , 14. 1 pe● . 3. 3. d ff . de legibus , l. 31. princeps . ff . de jure fisci , l. 6. mr. seldens titles of honor , part 1. ch . 6. sect 7. p. 110 , 118 , 119. † vid. gervas . tilber . ms. in recept . scac. et acta publica de re saepius . * as the charter , patent , & clause rolls abundantly evidence . e operum , pars 3 p. 182. f rom. 13. 7 , 8. mat. 23. 24. notes for div a56130-e6420 * see littleton , sect . 97,98 222. & cooks 1 institutes , f. 149. notes for div a56130-e6850 anno 23 h. 2. & christi 1177. * neither the red , nor black book was compiled by gervasius , they containing many things done long after his death . * lib. niger in scac. p. 43 , 44. * id est , de condonatione . * oblata regi in rem . see the pipe rolls of h. 2. r. 1. k. john , h 3. e. 1 , 2 , 3 , &c. tit. oblata , nova oblata , oblata curiae , & promissa . a see tho. walsingham , ypodig neustriae , p. 22. b see mr. seldens title● of honor. part 1. ch . 6. sect . 7 , 9 , 110 , 111. ulpian , ff . de legibus , l. 31. princeps , ff . de jure fisci , l. 6. c capgrave , petrus ribadeniera , and others in her life . my historical & chronological collection , tom. 1. p 43 ▪ to 47. 100 , 105. d justinian , c. de donat. inter vir . & uxor . l. 26. capgrave , ribadeniera , & others that write of her . e historiae , l. 1. p. 306. f ecclesiast . hist . l. 8. cap. 29 , 30 , 31. g fleurs des vies des saints part 2. p. 143 , 144. h ecclesiast . hist . l. 8. c. 31. see sozomen● ecclesiae hist . l. 1. c. 1. & mr. seldens titles of honor , part 1. ch . i part 1. ch . 8. 6. p. 112 , 114. k part 1. ch . 8. sect. 2. p. 164 , 165 , 166 , 169 , to ●74 . king john. oblata , an. 1. johan . m. 14. intus , pars 1. oxon. r. aurum . claus . 7 johan . regis , m. 13. in turri london . ibidem , m. 23. claus . 9 johan . regis , m. 10. in turri london . an. 10 regis johan . in magno rotulo in officio pipae in scacc. anno 1● johan . regis in scaccario . essex . hertf. rot. 17. sussexia , rot. 1. civitas linc. rot. 6. an. 13 johan . regis in scac. bukingham & bedf. n. 1. dors . & sum. mers . n. 7. suthampton , n. 16. an 14 johan regis in scac. suthamt . n. 11. bukingham & bedef . n. 14. an. 17 johan . regis in scac. buckingham & bedeford . n. 2. ●erchscir . n. 5 devonia , n. 13. * see matth. paris , matth. westm . polychron . holinshed , fabian , polydor virgil , speed , daniel , grafton , an. 1. & ult . of king john. * rot. finium an. 17 johan . regis . k. henry 3. * mat. paris , walsingham , polydor ▪ virgil , holinshed , speed , daniel , an. 1. & 20 h. 3. * pat. 20 r 2. pars 2. m. 23. ex lib. rubr. f. 232. anno 20 h 3. claus . 20 h 3. m. 13. de laurentio de castellis assig . ad recipiend . aurum reginae . trin. 20 h 3. in scac. plac. mich. 22 h 3. rot . 6 in fine . in offic. r. in scac. de term. s. hill. an . 22 h. 3. rot . 6. in scac. in offic. remem . d. regis . pro herveio de stafford de auro reginae . fines 26 h 3. m. 11. finis johannae quae fuit uxor hugonis wake , in turri london . fines 29 h 3. m. 9. in turri lond. pro executoribus willielmi de percy . fines 29 h. 3. m. 4. in turri lond. de instauro de debitis regis retinendo . claus . 29 h. 3. m. 10. in turri london . de auro reginae recipiend . & custodiend . claus . 35 h 3 m. 13. in turri lond. pro respect● pro communitates de com. cestr . cl ▪ 37 h. 3. m. 17. in turri london . de auro reginae custodiendo . de term. s. hil. anno 20 h. 3. in offic. rem . scac. de term. s. hil. 39 h. 3. rot. 7. scac. in offic. rememo regis . pro rege de o●●icio commissa . com. de ter. s. trin. an. 39 h. 3 rot . 15. leicestr . in offic. rem . regis . trin. 39 h 3. rot . 15. ex parte remem . regis . lond. de aur. reginae pro civibus london . * term. s. michaelis , an. 40 h 3. rot . 3. ex parte remem . regis in scac. de term. s. mich. an 40 h. 3 ▪ in eodem offic. pro civibus london de auro reginae . breve venit die merc. prox . ante sestum ● . edmundi de civitate liberanda , ibidem , ter min. s. mich. an . 40 h 3. rot . 7. dorso . coram baronibus pro philippo besset . de termino pasch . an . 40 h. 3. rot . 15. in offic. rem . regis in sca. pro johanne de ramesey canonico s. pauli london . pat. 52 h. 3. m. 25. in turri london ▪ pro alianor . consorti e. filii regis . term. trin. an. 56 h. 3. rot 8. de custode auri reginae , in offic. rem . regis in scac. edward 1. inter com. de term. s. hil. an . regis e. 1. rot . 4. in dorso , ex parte remem . regis de aur. reginae inhibito per consil . regis . inter com. de term. pasch . anno 3 e 1. rot . 9. in dorso in offic. rem . regis in scac. pro episcopo winton . de auro reginae . * here , p. 18. term. s. hil. an. 3 e. 1. in offic. rem . regis in scac. see mr. hackwils treatise of queen gold , ms. de term. s. trin an . 4 e 1. in offic. rem . regis in scac. baron . pro alienora consorte regis . ibid. baron . pro auro reginae . inter communia trin. 4 e 1. rot . 8. in dorso . de provisione auri reginae . * which i find not now extant in the rolls , but in mr. hackwils treatise of queen-gold . term. s. mich. an . 5 e 1. rot . 3. in offic. remem . scac. baronibus scaccarii pro baronibus quinque portuum . ex rot. liberate an . 7 e 1. m 5. in turri london . de magistr . thoma de cheddeworth . rot. vasconiae , an . 8 e 1. m. 8. n. ●0 . in turri lond. pro regina angl consorte regis . ex rot. fin. de an . 13 e 1. m. 〈◊〉 in turri london . de bo●esey , de crikelade , jud●o . mich. 13 e 1. finiente , rot . 13. dorso . in offic. r. in scac. baronibus pro a. regina angliae , consort regis . an. 14 e 1. 24 maii , printed in christopher vernons considerations f●r regulating the exchequer lond. 1642. p. 52 , 53. rot. pat. 14 e. 1. m. 6. in turri london . pro willielmo johannis . in mag. rot. in offic. pipae in scac. anno ▪ 26 e 1. ibidem , anno 18 e 1. inter recorda d. regis car. 2. in thesauro receptae scac. sui sub custodia thes & camerar . ibidem remanen . sic contin●tur ut lequitur . ex rot. claus . 19 e 1. m. 10. 〈◊〉 turri london . pro bogone de clare . * placita parl. an. 18 e 1. n. 4. see rylyes placita parl. p. 6 , 7. & the 4. part of ▪ my brief register & survey of parliamentary writs , p. 819 , to 822. term. mich. 27 & 28 e 1. in offic. rem . regis in scac. inter brevia direct . baronibus petitiones , certificationes & record . de litera margareta reginae angliae pro auro suo custodi●nd . litera patens ejusdem reginae pro eodem . edward 2. in magno rot. scac. anno 2 e 1. in custod . clerici pipae , &c. term. mich. an. 7 e 2. in offic. rem . regis . in scac. term. s. mich. 11 e 2. in offic . rem . regis in scac. aurum debit . reginae super omnibus obligationibus pro pecuniis sponte fact . regi . * libro nigro & rubeo , here , p. 8 , 9. pasch & mich. 12 e 2. inter brevia directa baronibus in offic. rem . regis in scac. aurum reginae . mich. 18 e. 2. rot . 1. baronibus pro isabella regina angliae in offic rem . regis in scac. edward 3. inter brevia directa baron . de●erm . pasch . anno 4 e 3. rot 17. bar. pro isabell . regina angl. oxenden . mich 7 e 3. in offic. rem . regis in scac. & mr. hackwils treatise of queen gold * b●evia hill. 8 e 3. in offic. plac. in scac. & mr hackwils treatise , de ●uro reginae . pro custodia terrae habend . & maritag●o haeredum , infra aetatem . † memorand . de an. 4 e 3. in scac. & brev. 8 e 3. offic. plac mr. w. hackwils treatise de a●uro reginae . pro maritagio haered . habendis . * ibid brev. hil. 8 e 3. brev hil. ibid. pro licencia a. lienandi terras . ibid p●o pardonat habenda . inter brevia directa baron . de term. paschae , anno 12 e 3. rot 6. in offic. rem . regis in scac . baron . pro philippa regina angliae . inter com de term. s. hil. an 12 e. 3. in offic. rem . regis in scac. de certificatione facta de modo levationis auri reginae . * libro nigro & rubro , † gervas . t●beriensis * see here , p. 8 , 9. anno 15 e 3. hil. 18 e 3. rot . 3. in offic. remem . regis in scac. de denar . receptis de radulpho de nevil de auro reginae . ●placita coram baronibus de scaccar●o de crastino s hil. an 25 e 3. in offic. plac . in scac. dorso surr. suss . 〈◊〉 . * see mr. william hack wils treatise of queen-gold . * here , p. 9. † not extant in an. 25 e 3. as mr. hack●will cites it . glouc. 〈◊〉 . placita coram baronibus de scaccar . de crastino claus . pasch . anno 27 e 7. in offic . clerici plac. in scac. philippa regina . oxon. 〈◊〉 . placita coram baronibus de scaccario , de crastino claus . pasch . anno 27 e. 3. ibidem essex , ss . philippa regina , 27 e. 3. ibidem kanc. ss . ibid. ter. trin. kanc. ss . placita coram baron . descaccar . de 15 s. tr. anno 27 e 3. philippa regina angliae . placita coram baronibus de scac. de crastino claus . pasch . anno 27 e 3. eborum ss . placita coram baronibus de scaccario . de qu●nd puri● . b. mariae , an. 27 e 3. in offic clerici plac. in scac. placita coram baronibus de scac. de 15 s. johannis baptistae , anno 27 e 3. philip. regina . ibid. mich. 28 e 3. placita coram baronibus de scaccario de quinde●● s. martini , anno 28 e. 3. ibid. pro w. de dalton , de auro reginae . ibidem . placita coram baronibus in scac. term. s. mich in 15. s. martini , an. 30 e 3. in offic. cle●ici plac. northt ss . philippa regina . ibidem . adhuc de crastino clau● . pasch . an. 30 e 3. northt , ss . philippa regina . ibid. warr. & leic. philippa regina . placita coram baron . de scaccario de 15 paschae anno 30 e 3. placita coram baronibus de scaccario de octab. s. mich. 30 e 3. ibid. glouc ss . philippa regina . an. 31 e. ● . in octab. s. mich. an. 34 e 3. in custodia remem . regis . bed. & bncks. placita coram baronibus de scaccario , de crastino sancti mich. 34 e. ● rot . 3. dors . in offic. clerici pipae . pro thomae de musgrave versus philippam reginam . claus . 34 e 3. pars 1. m. 17. in turri london . de auro reginae in terra hibern , levando . * nota. placita coram baro●ibus de scacario . de termino paschae 35 e 3. rot . 56. in offic. cleric . plac. in scac. inter brevia direct . baronibus de scaccario de term. s. mich. anno 35 e 3. rot. 12. in offic. remem . regis in scacc. rotel . not. salop. in compoto vic. lanc. de an. 38 e 3. in mag . rot. in offic. pipae in scac. tr. 43 e 3 rot . 8. in scac mr. william hackwils treatise of queen-gold . inter originalia . wygorn . inter com de term mich. an 4● e. 3. in offic. rem . regis in scac. de priore ecclesiae christ● cant. & aliis exonerand . de auro reginae . * see here , p. 8 , 9● . inter com de term. s. hill. 45 e 3. ex parte rem . regis . de one●ando priorem de penteney de auro reginae . ibid. de onerando nich. de ●ynecle , vi● . de auro reg●nae . ibid. de onerando ricardum de wydevyll vic. de auro reginae . de onerando willielmum de wynterbourne vic de auro reginae . de onerando roge●um beler vic. de auro reginae per ipsum in man●m regis● capt . de onerando thomam de fulnetby vic. de auro reginae per ipsum in manum regis capt . inter com. de term. hii . 46 e 3. in scac. de onerando tho. strete de auro reginae . ibidem . essex , de onerando tho. de bas●ingbourne vic. de auro reginae per ipsum in manum regis capt . ibidem . northumbr . de onerando . ricardum de horsley vic. de auro reginae . inter communia de termino paschae an. 48 e. 3. in offic. rem . regis in scac. de onerando johannem vyel vicecomitem de auro reginae per ipsum in manum regis capt . inter communia de termino s. hillarii de anno 48 e. 3. de onerando antonium de la vale de ast de 20 l. de auro reginae . eborum . northten . de an. 43 e 3. it. northt . de eod . anno 〈◊〉 * here , cited p. 8 , 9. k. richard 2 inter communia de termino s. mich. an 5 r 2. in offic rem . regis in scac. london . pro waltero deget & willielmo kyngstret vic. london . & midd esex . onerand de auro reginae per ipsos in manum regis capto . gloucestr . tho. brudnell vic. de onerando de auro reginae per ipsum in manum regis captum . rot parl. 7r 2. in turri london , num , 61. brevia trin. 9 r 2 in offic . plac. mr. hackewils treatise of queengold . pro concessione ad manum mortuam . placita coram b●r●nibus de scaccario de term. s mich. 9 r 2 in offic. clerici plac. norff suff ss pro regina angliae . ibidem , placita coram baro●ibus de scaccario , de termino pas chae , an 9 r 2. pro regina ang●iae . ibidem norff. & suff. ss pro regina angliae . ibidem . rotel . ss pro regina angliae . ibidem . kanc. ss . pro regina angliae . ibidem . essex . & hertf. ss pro regina angliae . heres . ss . pro regina angliae pasch 10 r. 2. in offic. placitorum pro ratificatione doni . mr. hackewils treatise of queen-gold . placita coram barombus de scaccario . de term. paschae 10 r. 2. in offic plac. scac. oxon , berks , ss pro regina angl de inhib . facta vic. ibidem surr. sussex , ss . inhibit facta vic. pro regina angliae . pasch 18 r 2. rot 1 in offic. rem . regis in scac. ex ms. w. b. devonss . * non f●it paratus . 20 r 2. nu 14. brevia rem . thes . in mr. hackewils treatise of queen-gold . k. henry 4. placita coram baronibus de scac. apud westm . de term. pasch . 5 h 4. rot . 19. in offic. cler. plac. pro regina quer . versus simonem o●●e priorem prioratus de pa nstapl defend . in placito detentionis auri reginae , per breve . de quodam brevi & quadam sccdu●a de diversis finibus in camera regis fact . ad scaccar . liberat . pro executione faciend . pro auro reginae ●rrotulat . * here , p. 8 , 9. * adquirendum . k. henry 5. inter communia de termino s. mich. an. 3 h. 5. rot . 7. ex offic. rem . regis in scac literae patentes johannae reginae angliae fact . galfrido pay●ell de officio thes . & receptoris ejusdem reg●nae . k. henry 6. inter brevia directa baron . de termino hill. 24 h 6. pro johann● croke , & willielmo essex . inter brevia direct baron . de termino pasch . anno 24 h. 6. rot . ● . ex parte rem . regis . pro margareta regina angliaeo k. edward 4 hill. 22 e. 4. in offic. rem . regis . brevia pro auro reginae de term. paschae anno 5 e 4. warr. leic. orig. de dicto anno quarto , rot. 67. brevia de anto reginae de termino s : trinitatis . an. praedicto , northumb . oxon. berk. novum castrum . civitas eborum . lincoln . lincoln . somers . & dors . civitas lincoln . ebornm . somerset . dorset . essex . &c. hertford . cantabr . & hunt. kanc. essex , hertford . wygorn . warr. leic. * de termino sanctae trin. an. 5 e 4. london . london . de termino s. mich. anno 3 e. 4. norff. suff. norff. suff. salop. kancia . de termino sancti hillar . an. 5 e. 4. warr. norff. & suff devon. surr. sussex somers . southt . somerset . southt . * there are very many fines imposed for this cause , an. 5 e 4. in offic. rem . regis . norff. suff. london . mid. eborum . lincoln . eborum . oxon. berks. de termino s. trin. 5 e 4 lond midd. warr. leic. 〈◊〉 somers . do●s . cornub. norff. suff. surr. sussex . devon. wygorn . norff. oxon. berks. ebor. warr. leic. sussex . bedf. buck. term. sanctae trinitatis an. 6 edw. 4. ebor. lond. midd. ebor. lincoln . oxon. berk. devon. norff. london . mid. brevia retorn . de termino paschae anno 8 e 4. surr. sussex . somers . dors . norff. suff. cornub. somers . oxo● . essex . surr. kanc bristoll . warr. leic. somers . dors . eborum . northt . nott. derb. wiltes . devon. * see an. 5 & 6 edw. 4. in offic. rem . regis in scac. very many fines made for not taking the order of knighthood . not. derb. oxon. berk. devon. surr. sussex . sussex . somerset . norff. suff. cantab. hunt. somers . dors . oxon. berks. lincoln . eborum . surr. sussex . bed. buck. bed. buck , n●tt . derb. heref. somers . glouc. essex , heref. cant. h●nt . hunt. eborum . heref. norff. suff. wilts . 〈◊〉 . mers . salop. eborum . norff. essex . southt . essex . hertf. lond. midd. norff. suff. devon. cornub. london ▪ mid. cant. midd. wiltes . wiltes . norff. suff. surr. kanc. norff ▪ suff. kanc. oxon. berk. ebor. leic. london . norff. suff. essex , hertford . london . mid. b●d . buck. kanc. salop. cant. oxon. * so they stiled this undutiful arch-traytor to his king and countrey . hereford . hereford . north. norff. suff. cant. cant. hunt. lond. midd. suthampt. lincoln . wiltes . eborum . wiltes . bedd . buck. sutht . wiltes . hertf. lond. w. b. ms. * fabians chronicle part 7. p 498. raphael holinsheds chronicle vol. 3. lond. 1577. p. 670. john stow his annals london 1615. p. 430. richard graftons chronicle london 1569. p. 671 , 672. trin. 20 e 4. midd. ss . pro eliz. regina angliae , quer . versus robertum radclyff armig. nuper vic. norff. & suff. defend . in quodam plac. debiti per billam . k. henry 2. * cent. script . brit. cent. 3. c. ● . † vitelnus . d. 15. * jocelinus de brakeland , chronicon caenobii s. edmundi buriensis in bibliotheca cottoniana ms. c. 24. vitelius d. 15. * here , p. 8 , 9. king john. an. 10 regis johan . an. 9 regis johan . an. 11 regis johan . stafford . an. 13 regis johan . k. henry 3 an. 21 h 3 in offic. rem . regis in scac. brevia direct . baronibus pro rogero de bohun , mr. hakewils treatise of queen-gold . an. 37 h 3. in offic. rem . regis in scac. mr. hackwills treatise of queen-gold . † here , p. 17. * in libro london ms. inter capit. cartar . de temp . regis h. 3. c. 5. in custodia joh. cotton militis nero , a. 6. cited also in mr. attorney herberts , & w. b. his collections concerning queen gold . k. edw. 1. mich. an. 4 e 1. in offic. rem . regis in scac. rot 3. dors . baronib●s pro alienora regina angliae matre regis . de crastino sancti mich. kanc. de term. sancti mich. ibid. m. 6. dorso . essex . ex rotulo clausarum anno 8 e. 1. in turri london . m. 6. pro regina consorte regis . ex rotulo placitorum de octab. sanctae trin. anno 17 e. 1. in turri lond. surr. * statutum de districtionibus scaccarii , an. 51 h 3 rastals abridgement distresse 11. articuli super chartas an. 28 e. 1. c. 12. vet. nat brev. f. 84 b. register of writs 97. b temps edw. 1. fitz. avowry 83 , 87 , & 230. bracton l. 4. f. 217. fl●ta l. 2 cap 42. britton f. 35. & 133. co●ks 2 instit p. 132 , 133 , 564 fitzh . natura brev. f. 88 , 89 , 90 , b & 174 b 18 e. 2. action sur stat 35. 2 e. 3. 16 , ● e. 3. 55. 44 e. 3. 20. 4 h. 7 8. br. action sur stat 45. dyer 14 eliz f. 312. pl. 86. ex registro monast , burgi sancti petri in custod . com. exon. f 60. a. circa an. 28 e. 1. see here p. 28 , 29. * carta in custodia dom. roberti cotton militis , tempore regis edwardi 1. k. edw. 3. anno 8 e. 3. custodia filiae & haeredis . licentia alienandi . licentia acquirendi . pro concelamento . pro licentia maritandi . pro custodia & maritagio . pro transgress . pro transgress . licentia alienand . pro transgress . de terris concessis pardonatio transgressionis . pro conspiratione . pro maritagio . pro licentia maritandi . pro conspiratione . pro licentia adquirendi pro transgress . pro custodia & maritagio . pro licentia adquirendi . pro maritagio . pro transgress . ne transfretaret . pro relevio . ne transfretaret . pro maritagio . pro licentia alienand . ne transfretaret . pro custodia terrarum . pro transgr . pro terris rehabendis . de transgr . pro maritagio pro transgr . pro maritagio pro licentia ad propria redeundo . * here , p. 34 , 35. pro philippa regina . inter communia de an. 26 e 3. johannes de weston vic. in offic. rem . regis in scac. philippa regina . adhuc de quindena paschae anno 26 e. 3. * here , p. 8 , 9. * here , p. 37 , 38. adhuc de quindena pasch . anno 27 e 3. regis . glouc. ss . ibidem . devon. ss . placita coram baronibus anno 27 e 3. in offic. clerici placitorum . de quindena paschae sussex ss . philippa regina . de crastino paschae . an. 27 e. 3. ibid. warwick ss . sussex ss . london ss . cant. & hunt. ss . pro philippa regina anglia . ebor. ss . pro philippa regina angliae . salop ss . pro philippa regina . k. rich. 2. ex rot. parl. tent . apud wesim . in crastino animarum , anno 5 r. 2. in turri london . a fabian , caxton , holinshed , speed , graston , stow , daniel , and others in an. 1 & 23 h. 6. b here , p. 67 , 68. communia de termino s. mich. 6 h. 6. rot 11. in dorso essex ss . literae regis patens thesaurario in offic. rem . regis in scac. k. henry 7. inter communia de termino s trinitatis 3 h 7 rot . 17 dorso in offic. rem . regis . literae patentes eliz reginae angl edmundo chadderton clerico de officio gen. recept . ipsius reginae confect . cum vadi●s & feodis eidem officio debit . * here , p. 68. k. henry 8. placita coram baronibus inter communia de termino s. mich , an primo regis henrici octavi , rot. 8 in dorso . literae dominae katherinae reginae angliae patentes factae richardo deco● armigero de officio generalis receptoris ipsius reginae irrotular . a treatise of queen-gold , & w. b. his collections . b w. b. ms. c mr. william hakewils treatise of queen-gold . & w. b. ms. d in his treatise of queen gold . king james * 1 jacobi , ch . 1. ●speeds history anno 1 jacobi . * see spel●manni glossa●ium , p. 280. julius , c. 9. * in the court of exchequer ▪ ( not the tower ) some whereof i cannot yet meet with ; and to which i have here added many more out of the exchequer records themselves . * cooks reports , part . 12. pag. 21 , 22. pasch . 4. jac. regis . aurum reginae . resolution . * here p. 18. k. charles 1. per hillar . record . an. 11 regis car. 1. rot. 11. ex parte rememorat . regis . * pat. 1 e 1. m. 25 dorso . pat. 28 e 1. m. 22 dorso . pat. 33 e 1. pars 2. dors 8. claus 30 e 1. m. 18. pat. 34 e. 1. m. 10. pat 7 e 2 pars 2. dors 24. pat. 10 e 2. pars 2 m. 6 & dors . 17. pat 12 e 3. pars 2. m. 29. pro com. lanc. & dorso 10. 14. * 17 caroli 2. cap. 20. † 12 car. 2. c. 24. * pat 43 h 3. pars 2. m 15. pat. 4 e 1. m. 1● . pat. 17 e 1. m 8. fines 5 e 2. m. 6. fines 6 e 2. m. 18 , 19. pat. 12 e 2 pars 1. m. 30 dorso . fines 18 e 2. m. 18. fines 20 e 2 m. 12. pat. 13 e 3. pars 2 m. 37. pat. 13 r. 2. pars 3. m. 22. plowdens commentaries , case of mines ▪ f. 316 , to 328. † plowden , f. 327. * pat. 12 e 3. pars 2. m 4. pat. 15 e 3. pars 2. m. 37. fines 15 e 3. m. 14. pro rege de auro fodenda . * the clear 8 , 9 , 10 , 12 , or 15th part of pure gold & silver hath only been reserved to the king by subsequent patents , plowden f. 324 , 325 , 326 , 318 , 319 , 315 , 316. * leges edwardi confessoris lex 17. gal. neubrigensis , hist . angl. l. 2. c. 2. chron. johan . bromton , col . 1046 , 1047 , 1259. mat. paris hist . angl. p. 306 , 308 , 868. parl. 5 h. 4. nu . 23. parl. 6 h 4. n. 14 , to 24. 49. parl. 1 r. 2. uu . 136. parl. 11. h. 6. nu . 53. parl. 29 h. 6. nu . 17 , 18 , 21. & cap. 7. 33 h. 6. nu . 47. parl. 38 h. 6. nu . 30. parl. 4 e 4. n. 40. parl. 13 e 4. nu . 6. a baptista mantuanus ecloga quinto , johan . balaeus cent. scriptor . brit. 8. p. 646. b pro sacrilegio , surto , incendio , ra●ina , perjurio , & similibus , absolutio cum rehabilitate in ampla forma , cum inhibitione in quolibet dictorū criminum . turon . 36. duc. 9. absolutio à lapsa cujus super quocunque actu libid inoso cemmisso per clerum , e●●am cum moni alibus infra et extra septa monasterii , aut cum consanguinets vel affinibus , vel fflia spiritualii , s●u quibuscunque aliis , sive ab unoquoque per se , sive simul ab omnibus absolutio petatur , cum dispensatione ad ordines et beneficia cum inhibitione . turon . 36 , duc. 3. si verò cum illis petatur absolutio ettam a crimine commisso contra naturam , vel cum brutis , cum dispensatione ut supra , & 〈◊〉 inhibitione . turon . 90. duc. 12. car. 60. si verò petatur tandem absolutio a crimine contra naturam , vel cum brutis , cum dispensatione & cum inhibitione . turon . 36. duc. 6. absolutio pro moniali quae so permist plutes cognos●● , infra et extra septa monasterii , cum rehabilitate ab dignitates illias ordinis etiam ablatorum . turon . 36. duc. 9. wolfgangi musculi , loci communes , p. 215. johannes lydii ad nich. clemang . analecta , p. 17 , 18. nich. clemangiis de corrupto ecclesiae statu , cap. 15 , 25. cornelius agrippa de vanitate scientiarum , cap. 63. alvarus pelagius de planctu ecclesiae , lib. 2. artic. 8. & 28. claudius espencae is de continentia , lib. 4. cap. 11 lib. 5. cap. 7 , 8. lib. 6. cap. 7 , to 14. c gratian de consecratione , distinct . 2. thomas waldensis doctrinale fidei , tom. 2. de sacramento eucharistiae , cap. ●5 . & tom. 3 de missae sacrificio , cap. 38. concilium tridentinum sessio 13 de sacramento eucharistiae . bellarmin , and sundry others in their books de sacramento eucharistiae & missa . d mat. 26 , 26 , 27 , 28. mar. 14. 22 , 23. luk. 22. 17 , 19 , 20. 1 cor. 10. 16. ch . 11. 23 , 24 , 25. e mat. 28. 16 , 17. luk. 1. 1 , 2. ch . 22. 15 , to 53 john 20. 17 , 18 , to 31. ch . 21. 14 , to 24. acts 1. 3 , 9 , 10 , 11 , 22. ch . 5. 31. ch . 10 40 , 41 , 42. 1 cor. 15. 1 , to 9. 1 john 1. 1 , 2. f thomas aquinas 3 part . qu. 82. petrus aureolus in 4. distinct . 9. qu. 2. angelus de clavasio summa angelica , tit. eucharistia 3. sect . 7. & 18. & 2 sect . 34 paschatius ratbertus , de corpore & sanguinis domini , cap. 14. willielmus malm●sburiensis de gestis regum angl. lib. 3. p. 114. see the second tome of my exact chronological vindication , p. 71 , 72 , 73 , 74. ex rot pat , an. 24 h. 6. pars 2. m. 14. pro edmundo de trafford , & thoma asheton militibus . ex rot. pat. an. 34 h. 6. m. 13. ibid. m 7. pro johanne fanceby , & aliis . * vid. faschae 7 ed. 6. dyer f. 88 a. * viz 5 h. 4. c. 4. none from henceforth shall use to multiply gold or silver , or use the craft of multiplication ; and if any the same do ; he shall incurre the pain of felony . vid cookes 3 institutes , cap. 20 p. 74. pasch . 7 e 6. dyer , f 88. a. plowdens comment . f. 339. ex rotulo patentium de anno 35 h. 6. memb . 6. pro magistro thoma hervei & al. * a project never so seasonable , or necessary as now . romes master-peece, or, the grand conspiracy of the pope and his iesuited instruments, to extirpate the protestant religion, re-establish popery, subvert lawes, liberties, peace, parliaments, by kindling a civill war in scotland, and all his majesties realmes, and to poyson the king himselfe in case hee comply not with them in these their execrable designes revealed out of conscience to andreas ab habernfeld, by an agent sent from rome into england, by cardinall barbarino, as an assistant to con the popes late nuncio, to prosecute this most execrable plot, (in which he persisted a principall actor severall yeares) who discovered it to sir william boswell his majesties agent at the hague, 6 sept. 1640. he, under an oath of secrecie, to the arch-bishop of canterbury (among whose papers it was casually found by master pyrnne, may, 31. 1643) who communicated it to the king, as the greatest businesse that ever was put to him / published by authority of parliament by william prynne ... prynne, william, 1600-1669. 1644 approx. 146 kb of xml-encoded text transcribed from 22 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a56199 wing p4056 estc r7561 12814996 ocm 12814996 94126 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56199) transcribed from: (early english books online ; image set 94126) images scanned from microfilm: (early english books, 1641-1700 ; 820:29) romes master-peece, or, the grand conspiracy of the pope and his iesuited instruments, to extirpate the protestant religion, re-establish popery, subvert lawes, liberties, peace, parliaments, by kindling a civill war in scotland, and all his majesties realmes, and to poyson the king himselfe in case hee comply not with them in these their execrable designes revealed out of conscience to andreas ab habernfeld, by an agent sent from rome into england, by cardinall barbarino, as an assistant to con the popes late nuncio, to prosecute this most execrable plot, (in which he persisted a principall actor severall yeares) who discovered it to sir william boswell his majesties agent at the hague, 6 sept. 1640. he, under an oath of secrecie, to the arch-bishop of canterbury (among whose papers it was casually found by master pyrnne, may, 31. 1643) who communicated it to the king, as the greatest businesse that ever was put to him / published by authority of parliament by william prynne ... prynne, william, 1600-1669. habervešl z habernfeldu, ondřej. boswell, william, sir, d. 1649. laud, william, 1573-1645. the second edition. [6], 36, [1] p. for michael sparke, senior, printed at london : 1644. reproduction of original in huntington library. william laud was the archbishop of canterbury. cf. dnb. published also in 1678 under title: the grand designs of the papists. includes letters of ondřej habervešl z habernfeldu and sir william boswell. part of letter and text in latin and english. errata: p. [6] created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -i, -king of england, 1600-1649. catholic church -great britain -controversial literature. great britain -history -civil war, 1642-1649. 2002-03 tcp assigned for keying and markup 2002-05 aptara keyed and coded from proquest page images 2002-07 sara gothard sampled and proofread 2002-09 aptara rekeyed and resubmitted 2002-10 rina kor sampled and proofread 2002-10 rina kor text and markup reviewed and edited 2002-12 pfs batch review (qc) and xml conversion romes master-peece : or , the grand conspiracy of the pope and his iesuited instruments , to extirpate the protestant religion , re-establish popery , subvert lawes , liberties , peace , parliaments , by kindling a civill war in scotland , and all his majesties realmes , and to poyson the king himselfe in case hee comply not with them in these their execrable designes . revealed out of con●cience to andreas ab habernfeld , by an agent sent from rome into england , by cardinall barbarino , as an assistant to con the popes late nuncio , to prosecute this most execrable plot , ( in which he persisted a principall actor severall yeares ) who discovered it to sir william boswell his majesties agent at the hague , 6 sept. 1640. he , under an oath of secresie , to the arch-bishop of canterbury ( among whose papers it was casually found by master prynne , may , 31. 1643. ) who communicated it to the king , as the greatest businesse that ever was put to him . published by authority of parliament . by william prynne , of lincolnes inne , esquire . 1 cor. 4. 5. the lord will bring to light the hidden things of darknesse , and will make manifest the counsels of the hearts , and then shall every man have praise of god. it is ordered by the committee of the house of commons in parliament concerning printing , this first day of august , 1643. that this book , intituled , romes master-peece , be forthwith printed by michael spark , senior . iohn white . the second edition . printed at london for michael sparke , senior . 1644. to the right honourable robert earle of warwick , baron of leeze , and lord admirall of all the parliaments sea forces . right honourable , your eminent zealous sincerity , and incomparable activity both by sea and land in defence of our undermined , endangered protestant religion , lawes , liberties , parliament , nation , against the many late secret plots , and open hostilities of antichristian romish vipers , who for sundry yeares together , have desperately conspired , and most vigorously prosecuted their utter extirpation , and now almost accomplished this their infernall designe , unlesse gods infinite mercy ( which hath never hitherto beene wanting to us in times of greatest extremity ) miraculously disappoint it ; hath induced me to dedicate this master-p●ece of the romanists , and jesuites iniquity , to your most noble patronage . wherein your lordship may summarily behold the most horrid conspiracy against our reformed religion , and the very life of the king our soveraigne in case he comply not with them ( as now alas he doth overmuch in all things ) that ever was discovered to the world : and clearly descry , who have beene the reall originall contrivers , fomenters of all those late bloody civill warres , which have suddenly transformed our peaceable , pleasant delectable edens of england , ireland , scotland , into most desolate rufull acheldamaes , yea golgothaes , to the just amazement of our selves , and astonishme●t of all our neighbour nations : who now more lament our present infelicity , then ever their envied our pristine tranquility . it was an admirable act of divine providence , that a principall actor in this conspiracy , sent from rome to promote it , should out of remorse of conscience prove the first revealer of it to sir william boswell : but it was a farre more wonderfull hand of god ; that after this plot had been long concealed from publique knowledge by canterbury , who smothered it ; hee should unexpectedly rayse me up from my forraigne close prison of mount-orgueil castle in jersey , ( where canterbury and his confederates had intombed me sundry yeares , as * a dead man out of minde , whom they remembred no more , reputing me among the number of those that go down into the pit , and as one quite cut off by their hands , never likely to rise up again till the generall resurrection ; ) and not only reduce me with honour and triumph to my native countrey , restore me to my former liberty , and profession by the parliaments impartiall iustice ; and make my former and my fellow sufferers unjust censures , the ruine of the s●archamber , highcommission , and prelates , who censured us ; but likewise , beyond all expectation , send this archprelate ( though the kings chief favourite ) a prisoner to the tower of london , to which i was first of all committed by his malice ; and employ me to search his papers there , where he had formerly twice searched mine by his instruments , and therehy make me both the discoverer and publisher of this second gunpowder plot to the world , after a long concealment of it , ( and that in a time most seasonable ; ) which otherwise , in all probability , had never come to light . a o the depth of the riches both of the wisdome and knowledge of god! how unsearchable are his judgments , and his wayes past finding out ! this adorable strange providence of the b god of heaven , ( who revealeth the deep and secret things , and knoweth what is in the darknesse , and makes known unto us the kings matter , ) as it should ascertaine us , of his future protection of our church and state against these romish conspirators , whose trayterous designes hee hath formerly most admirably discovered , and frustrated from time to time ; so it should adde much dignity and acceptation to this discovory , and enlarge our gratulations to god for it . to his blessing i shall in my prayers recommend this master-piece , together with your lordships person , and all your heroick endeavours for our religions , our republikes security , and for ever remaine your lordships most affectionate servant william prynne . since the first publishing in print of the ensuing plot and letters by authority and directions from the house of commons , which imployed me in this service ; i have been credibly informed by some friends , that many inoredulous , over suspitious malignants ( who think there is as much falshood , dishonesty in others ; as in themselves ) have questioned the truth of the ensuing plot , letters , papers ; and confidently , if not impudently , averred them to be meere fictions , without any shadow , proofe , reason , ground at all , but their own malicious misbeliefe . but to satisfie all the world in this particular , and these slanderous infidels too , if not ●rodigiously obstinate : i doe here attest upon the faith and honour of a christian ; first , that i found all these ensuing letters , papers in the archbishop of canterburies chamber in the tower of london under his own custody , when i was unexpectedly employed by the close committee , in that undesired service of searching it , which the archbishop himself , his servants , the gentlemen and souldiers , who then accompanied me , with those who employed me , can witnesse , and have already oft attested . secondly , that they were all originals , no● copies , under the severall hands and seals of sir william boswell , knight ( the kings own leger embassador at hague in the n●therlands ; ) andreas ab habernfeld , ( a noble bohemian , physitian to the queen of bohemia ; a man of known sincerity and untainted reputation : ) the archbishop of canterbury ( who must be the sole forger of the plot , and letters , if fained ; ) and of the king himself : as the letters , papers themselves ( o●t viewed by divers of the lords , commons , and other persons of quality for their satisfaction , all now remaining in the custody of a committee of the house of commons , where any incredulous thomas , who dares trust his own senses , may view them at his leasure ) will evidence to all who know their hands or seales . thirdly , that the archbishop himselfe , and his servants , have confessed the verity , reality of the plot and papers to divers who repaired to them for their own resolution therein ; and the archbishop in his late petition to the lords in parliament for restitution of these papers , hath againe fully acknowledged their reality . fourthly , ( which puts all out of question ) had these letters , papers been forgeries , or impostures , not reall verities , his majesty himselfe , or the oxford mercury for him ; at least the archbishop , sir william boswell , andreas ab habernfeld , or some of their instruments , being all living , and the presses open ; would long ere this have detected this forgery , and disclaimed these papers and letters in print : which neither of them have done in seven months space ; whereas each of them on the contrary ( as i am informed ) have avouched these severall letters , papers to be genuine , and their own . finally , it had been a strange over-sight , yea madnesse in my self , and a great dishonour to , a most impolitique devise in the parliament , to publish forged letters in these eminent living persons names ; who want neither will , meanes , nor power immediately to detect , refute , and manifest such a grosse imposture to all the world , to the eternall infamy of the publishers . let malignants and papists then , with all others , who have any sparks of honesty , or policy , remaining in them , henceforth rest assured of the verity , reality , of this plot , these papers , though they have formerly doubted of them ; else let them perish in their groundlesse infidelity ; who will neither believe the king , the archbishop , sir william boswell , nor hab●rnfeld , under their hands and seales ; nor yet the parliament , nor discoverer of them ( by an admirable unexpected divine providence ) who abhorres all fictions , frauds , impostures whatsoever , and can doe nothing against the truth , but for the truth . i shall only adde this to the premises ; that the multitude of his majesties royall letters of grace , and discharges of popish recusants , priests , iesuits , together with his marriage-articles , oathes , letter to the pope , and other evidences lately published in the popish royall favourite , the late horrid rebellion in ireland , the rebels seising of the goods , estates , and persons of all the english protestans there to the kings use ; and their bloody massacre by blood-thirsty papists , a for the exaltation of the holy roman catholike church , and the advancement of his maiesties service , &c. and that by vertue of his majesties speciall commission under the great seale of scotland , and letters of direction sent therewith , for the effecting of this great work ; which commission , together with the arguments evidencing the reality thereof , you may read at large in the mystery of iniquity newly published , pag. 34. to 42. his majesties articles of pacification with those rebels , ratified under the great seale of england , wherein he cals these bloody rebels , his roman catholike subjects , and good subiects in some copies ; and gives them authority to persecute his protestant subiects in irelands , with license to send such agents to his majesty from time to time as they shall think fit ; accepting a grant of thirty thousand eight hundred pound from them , and making their base irish money currant in england by a speciall proclamation ; his sending for the souldiers sent by the parliament into ireland to subdue the rebels , and for irish rebels too , into england , and that by his maiesties speciall commission and authority ; ( as b mercurius aulicus informs us twice together ) and administring an oath to every officer and souldier that shall be transported , to the utmost of his power , and hazard of his life to fight against the forces now under the conduct of the earle of essex , and against all other forces whatsoever that are or sha●l be raised under what pretence soever , contrary to his majesties command or authority ▪ in defence of our protestant religion , lawes , liberties . all these particulars laid together , will infallibly demonstrate the reality of this designe , and how farre it hath prevailed even with the king himselfe ; whose heart and person ( now wholly captivated and stolne away from the parliament and kingdome by these conspirators ) the good god rescue out of their traytorly hands , and restore unto us in d●e season : which shall be the prayer of the publishe● of this plot , william prynne . errata . courteous reader , i pray correct these presse-errours , which during my absence at st. albanes , have , through the printers oversight escaped the presse in this edition . page 4. l. 1. r. suffer , p. 7. l. 20. na●●ragio , p. 9. l. 29. them , and most , p. 15. l. 6. quam , p. 28. l. 3. not brooke , l. 27. his zeale , 1. 29. strong , strang , p. 29. l. 33. chaplaine , p. 31. l. 10. men , these , l. 15. yet come into the kings p , 34. l. 29. his destiny , l. 40. reasonable , l. 46. dele as , p. 35. l ▪ 26. conspired . in the margin . p. 22. l. 18. small r. female . romes master-peece . if there be any professing the protestant religion within the kings dominions , or elsewhere , who are yet so wilfully blinded as not to discern , so so●tishly incredulous as not to believe , any reall long-prosecuted conspiracy , by former secret practises , and the present warres to extirpate the protestant religion , re-establish popery , and inthrall the people in all three kingdomes , notwithstanding all visible effects , and transparent demonstrations of it , lively set forth in the late declaration of the lords and commons , concerning the rise and progresse of the grand rebellion , with other remonstrances of that nature , most visibly appearing in the late articles of pacification , made by his majesties authority and approbation with the irish rebels , contrary to divers acts of parliament passed by the king this present session : let them now advisedly fixe their eyes , minds , upon the ensuing letters and discoveries , ( seised on by master prynne , in the archbishops chamber in the tower , may 31. 1643. by warrant from the close committee , to search his papers there , being unexpectedly commanded on that service ) and then they must needs acknowledge it an indubitable verity ; since sir william boswell , the archbishop himselfe , if not his majesty , and those who revealed this plot , were perswaded of its reality upon the first dis●overy , before it brake forth openly in ireland , and england . who and what the authour of this discovery was ; who the chiefe active instruments in the plot ; when , and where they assembled ; in what vigorous manner they daily prosecuted it ; how effectually they proceeded in it ; how difficult it is to dissolve or counter-work it , without speciall diligence , the relation it selfe will best discover . whose verity if any question , these reasons will inforce beliefe : first , that the discoverer was a chiefe actor in this plot , sent hither from rome by cardinall barbarino ; to assist con the popes legate in the pursute of it , and privy to all the particulars therein discovered . secondly , that the horrour and reality of the conspiracy so troubled his conscience , as it ingaged him to disclose it , yea to renounce that bloody church and religion , which contrived it ; though bred up in , preferred by it , and promised greater advancements for his deligence in this designe . thirdly , that he discovered it under an oath of secrecy , and offered to confirme every particular by solemne oath . fourthly , that hee discovers the persons principally imployed in this plot , the places and times of their secret conventions ; their manner and diligence in the purs●ite of it , with all other circumstance● so punctually , as leaves no place for doubt . fifthly , the principall conspirators nominated by him are notoriously known to be fit instruments for such a wicked design . sixthly , many particulars therein have immediate relation to the king and archbishop , to whom he imparted this discovery , and it had been an impudent boldnesse and irrationall , frentick act , to reveale any thing for truth to the king and bishop , which they could disprove on their own knowledge . seventhly , sir william boswell , and the archbishop , if not the king himselfe , were fully satisfied , that it was reall and most important . eightly , some particulars are ratified by the arch-bishops testimony , in the memorials of his own life , written with his own hand some yeares before ; and others so apparent , that most intelligent men in court and city , were acquainted with them whiles they were acting , though ignorant of the plot . finally , the late sad effects of this conspiracy in all three kingdomes , in prosecution of this design , compared with it , are such a convincing evidence of its reality ; and gods admirable hand of providence in bringing this concealed plot so seasonably to light , ( by an instrument unexpectedly raised from the grave of exile and imprisonment , to search the arch-bishops papers , in the tower , who had there seised his in former times , and shut him up close prisoner in a forraine dungeon ) such a testimony from heaven super-added to the premises , that hee who deemes it an imposture , may well be reputed an infidell , if not a monster of incredulity . the first overture and larger relation of the plot it selfe were both writ in latin , as they are here printed , and faithfully translated word for word , as neare as the dialect will permit . all which premised , the letters and plot here follow in order . sir williams boswels first letter to the arch-bishop concerning the plot. may it please your grace , the offers ( whereof your grace will finde a copy ) here inclosed towards a further and more particular discovery , were first made unto me at the second hand , and in speech , by a friend of good quality and worth in this place ; but soone after ( as soone as they could be put into order ) were avowed by the principall party ; and delivered me in writing by both together : upon promise , and oath , which i was required to give , and gave accordingly , not to reveale the same to any other man living but your grace ; and by your graces hand , unto his majesty . in like manner they have tyed themselves not to declare these things unto any other , but my selfe ; untill they should know , how his majesty and your grace would dispose thereof . the principall giving me withall to know , that hee puts himselfe , and this secret into your graces power , as well because it concernes your grace so nearely after his majesty : as that he knowes your wisdome to guide the same aright : and is assured of your graces fidelity to his majesties person , to our state , and to our church . first , your grace is humbly , and earnestly prayed , to signifie his majesties pleasure ( with all possible speed ) together with your graces disposition herein , and purpose to carry all with silence , from all , but his majesty untill due time . secondly , when your grace shall think fit to shew these things unto his majesty ▪ to doe it immediately ; not trusting to letters ; nor permitting any other person to be by , or in hearing : and to entreat and counsell his majesty as in a case of conscience to keep the same wholly , and solely in his own bosome , from the knowledge of all other creatures living but your grace ; untill the businesse shall be cleare , and sufficiently in his majesties and your graces hands to effect . thirdly , not to enqure or demand the names of the parties from whom these overtures doe come , or any further discoveries and advertisements in pursute of them which shall come hereafter , untill due satisfaction shall be given in every part of them . nor to bewray unto any person but his majesty , in any measure or kinde , that any thing of this nature , or of any great importance is come from me . for as i may believe these overtures are verifiable in the way they will be layed ; and that the parties will not shrink : so i may accompt , that if never so little a glimpse , or shadow of these informations shall appeare by his majesties , or your graces speech or carriage , unto others , the meanes whereby the businesse may bee brought best unto tryall , will bee utterly disappointed : and the parties who have in conscience towards god , and devotion to his majesty ; affection to your grace , and compassion of our countrey , disclosed these things , will runne a present and extreame hazard of their persons , and lives , so easily it will be conjectured ( upon the least occasion given upon his majesties or your graces parts ) who is the discoverer ? by what meanes , and how he knowes so much of these things ; and where he is ? these are the points , which together with the offers , they have pressed me especially to represent most seriously unto your grace . for my own particular , having most humbly craved pardon of any errour or omissions , that have befalne me in the mesnaging of this businesse , i doe beseech your grace to let me know ; first , whether , and in what order i shall proceed hereafter with the parties ? secondly , what points of these offers i shall chiefly , and first put them to enlarge and cleare ? thirdly , what other points and enquiries i shall propose unto them ? and in what manner ? fourthly , how farre further i shall suffer my selfe to heare and know these things ▪ fifthly , whether i shall not rather take the parties answers , and discoveries sealed up by themselves , and having likewise put my owne seale upon them , without questioning or seeing what they containe , so to transmit them to his majesty or your grace ? sixthly , whether i may not insinuate upon some faire occasion , that there will be a due regard held of them , and their service , by his majesty and your grace : when all particulars undertaken in these generall offers , and necessary for perfecting the discovery and work intended , shall be effectually delivered to his majesty on your grace ? upon these heads , and such others as his majesty or your grace shall think proper in the businesse , i must with all humility beseech your grace to furnish me with instructions , and warrant for my proceedings , under his majesties hand with your graces attestation , as by his majesties goodnesse , and royall disposition is usuall in like cases . may it please your grace to entertaine a cypher with me upon this occasion , i have sent the counterpart of one here inclosed : in the vacant spaces whereof your grace may insert such names more , with numbers to them , as you think requisite . if these overtures happily sort with his majesties and your graces minde , and shall accordingly prove effectuall in their operation , i shall think my selfe a most happy man , to have had my oblation in so pious a work for my most gratious soveraign and master : more particularly , in that your grace under his majesty shall be , opifex rerum & mundi melioris origo . which i shall incessantly begge in my prayers at his hands , who is the giver of all good things , and will never forsake , or ●aile them , who doe not first faile , and fall from him : the god of mercy and peace . with which i remaine evermore . i have not dared to trust this businesse ( without a cypher ) but by a sure hand , for which ▪ i have sent this bearer , my secretary , expresse , but he knoweth nothing of the contents hereof . your graces most dutifull and obliged servant . william boswell . hagh in holland , 9. sept. 1640. sti. loci . sir william boswels indorsement . for your grace . the arch-bishops indorsement with his own hand . rece . sept. 10. 1640. sir william boswell about the plot against the king , &c. andreas ab habernfeld his letter to the archbishop concerning the plot revealed to him . illustrissime ac reverendissime domine , concutiuntur omnes sensus mei , quoties p●aesens negotium mecum revolvo , nec intellectus sufficit , quaenam aura tam horrenda attulerit , ut per me apricum videant . praeter spem enim bonus i●te vir mihi innotuit , qui cum me discurrentem de turbis istis scoticis audisset ; ignorare me , inquit , nervum rei , superficialia esse ista quae vulgo sparguntur : ab ista hora indies mihi fiebat familiarior ; qui dexteritate mea agnita , pleno pectore cordis sui onera , in sinum meum effudit ; deposuisse se gravamen conscientiae , quo premebatur , ratus ▪ hinc factiones jesuitarum , quibus totus terrenus intentatur orbis , mihi enarravit ; depastasque ipsorum per virus , bohemiam & germaniam ut adspicerem , ostendit , sauciam utramque partem vulnere irreparabili ; eandem pestem per angliae scotiaeque repere regna , cujus materiam , scripto adjacenti revelatam , me edocuit : quibus auditis , viscera mea convellebantur , tremebant horrore artus ; tot animarum millibus infestam paratam esse voraginem : verbis conscientiam moventibus , animum hominis accendi ; vix horam unam , monita coxerat , abdita omnia aperuit , liberumque dedit , agerem , ut iis , quorum interest , inno● tescerent . non tardanum cum rebus censui : ea ipsa hora dominum bosuelium residentem regium hagae comitum , adii , juramento silenti● mihi obstricto , rem communicavi ▪ ponderaret ista ad trutinam , monui ▪ neque differret ei quin ageret , ut periclitantibus succurratur propere . is u● virum honestum condecet , officii memor , propiusque introspecto negotio , monita recusare non quievit , quinimo egit è vestigio ut expressus expediretur . retulitque iterum quam acceptissimum regi , tuaeque reverentiae fuisse oblatum ; de quo ex corde gavisi sumus , judicavimusque ac tutum , favorabile sese interposuisse in hoc negotio numen , quo servaremini . ut vero rerum enarratarum confirmetur veritas , studio primaria nonnulla conjurationis capita sunt praeterita , ut nortitia ●orum ab circumventa conjurationis societate extorqueatur . promovebitur res cito tutoque i● actum si cautè procedetur bruxellis ; meo consilio , observandum esse eam die● qua fasciculi literarum expediuntur , qu● sub titulo , al monsignor strario archidiacono di cambray , una operta ligati praefecto tabellionum traduntur , ab ipso talis fasciculus tacite poterit repeti , inutilis tamen erit , quia omnes inc●usae characteristicè scriptae sunt ; alter quo● que fasciculus hebdomadatim roma veniens , qui sub inscriptione , al illustrissimo signor conte rossetti , pro tempore legato , adportatur , non negligendu●●●● similiter charactere eodem conscriptae includuntur literae ; ut intelligantur , reda consulendus erit : supra nominata dies expeditionis aedibus redae adcumulata congreg●tio , circumvenietur , quo succedent● , tuae reverentiae erit negotium disponere . detecto tandem per dei gratiam , intestino hoste , omnis amaritudo animorum qua ab utraque parte causata est , aboleatur , oblivioni tradatur , deleatur & consopiatur , utrique parti infidiare hostis , ita rex , amicusque regis , & regnum utrumque discrimini vicinum servabitur , eripietur imminenti periculo . haec penes etiam reverentia 〈◊〉 i●junctum sibi habeat , si alias consultum sibi optime volet , ne pursivantibus suis nimium fidat , vivunt enim eorum nonnulli sub stipendio partis pontificiae . quot scopuli , quot ●cillae quotque infensae obsultant t ● . r ● . charibdes , quàm periculoso mari agitatur vita t. r. cymbula naufragio proxima , ipse judicet , p●llenda ad portum prora properè . haec omnia tuae reverentiae in aurem ; scio enim juramento filenti●● obligatam , ideo aperto nomine , praesentibus reverentiae tuae innotescere volui , mansu●●● . hagae comitum sept. 14. s. n. 1640. observantissimus & officiosissimus andreas ab habernfeld . most illustrious and most reverend lord , al my senses are shaken together as often as i revolve the present businesse , neither doth my understanding suffice ( to conceive ) what wind hath brought such horrid things , that they should see the sun-shine by me : for besides expectation this good man became known unto me , who whē he had heard me discoursing of these scottish stirs , said that i knew not the nerve of the business , that those things which are commonly scattered abroad are superficial : from that hour he every day became more familiar to me ; who acknowledging my dexterity herein , with a full brest powred forth the burdens of his heart into my besome , supposing that he had discharged a burden of conscience wherewith he was pressed . hence he related to me the factions of the iesuites , with which the whole earthly world was assaulted ; and shewed , that i might behold how through their poyson , bohemia & germany were devoured , & both of them maimed with an irreparable wound ; that the same plague did creep through the realmes of england and scotland , the matter wherof revealed in the adjacent writing , he discovered to me : which things having heard * my bowels were contracted together , my loyns trembled with horrour , that a pernicious gulf should be prepared for so many thousands of soules : with words moving the conscience , i inflamed the minde of the man : he had scarce one hour concocted my admonitions , but he disclosed all the secrets and he gave free liberty that i should treat with those whom it concerned , that they might be informed hereof . i thought no delay was to be made about the things : the same houre i went to master boswell the kings leger at the hage , who being tied with an oath of secrecie to me , i communicated the businesse to him , i admonished him to weigh these things by the ballance , neither to defer , but act , that those who were in danger might be speedily succoured : he , as becomes an honest man , mindfull of his duty , and having nearer looked into the businesse , refused not to obey the monitions : moreover , he forthwith caused that an expresse should be dispatched ; and sent word back again what a most acceptable oblation this had been to the king and your grace ; for which we rejoyced from the heart , and we judged , that a safe and favourable deity had interposed it selfe in this businesse , whereby you might be preserved . now that the verity of the things related might be confirmed , some principall heads of the conspiracy were purposely pret●rmitted , that the knowledge of them might bee ext●rted from the circumvented society of the conspirators . now the things will be speedily and safely promoted into act , if they be warily proceeded in at bruxels . by my advise , that day should be observed wherin the packet of letters are dispatched , which under the title of , to monsieur strario archdeacon of cambray , tied with one cover are delivered to the postmaster , such a packet may be secretly brought back from him , yet it will be unprofitable , because all the inclosed letters are written characteristically . likewise another packet comming weekly frō rome , which is brought under this subscription , to the most illustrious lord count rossetti , legat for the time ; these are not to be neglected : to whom likewise letters writ in the same character are included . that they may be understood , reade is to be consulted with . the forenamed day of dispatch shal be expected : in reades house an accumulated congregation may be circumvented ; which succeeding , it will be your graces part to order the businesse . the intestine enemy being at length detected by gods grace , all bitternesse of minde which is caused on either side may be abolished , delivered to oblivion , deleted and quieted , the enemy be invaded on both parts : thus the king and the kings friend , and both kingdomes neere to danger , shall be preserved , delivered from imminent danger . your grace likewise may have this injunction by you , if you desire to have the best advise given you by others , that you trust not overmuch to your pursevant● , for some of them live under the stipend of the popish party . how many rocks , how many scillaes , how many displeased charibdes appear before your grace , in what a dangerous sea the cockbote of your graces life , next to shipwrack , is t●ssed , your selfe may judge , the fore deck● of the ship is speedily to be driven to the harbour . all these things ( i whisper ) into your graces eare , for i know it bound with an oath of secresie , therefore by open name , i would by these presents become known to your grace , hage 14. sept. s. n. 1640. your graces most observant and most officious andrew habernfeld . andreas ab habernfeld , a noble bohemian , dr. of physick to the queen of bohemia , his indorsement hereon . illusstrisimo ac reverendissimo dom. domino g●lielmo archiepiscopo cantuariensi , primati & metropolitano totius regni angliae dom. meo . the archbishops indorsment with his own hand . rece . octob. 14. 1640. andreas ab harbenfed . his letters sent by sir w. boswell about the discovery of the treason . i conceive by the english latin herein , that he m●st needs be an englishman with a concealed and changed name . and yet it may be this kind of latin may relate to the italian . or else he lived some good time in england . the declaration of this treason i have by his majesties speciall command sent to sir w. boswell , that he may there see what proofe can be made of any particulars . the generall overture and discovery of the plot , sent with sir william boswels first letter . the kings majesty , and lord archbishop of canterbury , are to be secretly informed by letters . 1. that the kings majesty and the lord archbishop are both of them in great danof their live● . 2. that the whole commonwealth i● by this means endangered , unlesse the mischiefe be speedily prevented . 3. that these scottish troubles are raised to the end , that under this pretext , the king and archbishop might be destroyed . 4. that there is a meanes to be prescribed , whereby both of them in this case may be preserved , and this tumult speedily composed . 5. that * although these scottish tumults be speedily cōposed , yet that the king is endangered , and that there are many waies , by which destruction is plotted to the king & l. archbishop . 6. that a certaine society hath conspired , which attempts the death of the king , and l. archbishop , and convulssion of the whole realme . 7. that the same society every week deposits with the president of the society , what intelligence every of them hath purchased in eight daies search , and then confer all into one packet , which is weekly sent to the * director of the businesse . 8. that all the confederates in the said conspiracy may verily be named by the poll . but because they may be made knowne by other meanes , it is thought meet to defer it till hereafter . 9. that there is a ready meanes , whereby the villany may be discovered in one moment , the chiefe conspirators circumvented , and the primary members of the conju●ation , apprehended in the very act . 10. that very many about the king , who are accounted most faithfull and intimate , to whom likewise the more secret things are instrusted , are traytors to the king , corrupted with a forraigne pension , who communicate all secrets of greater or lesser moment to a forraigne power . these and other most secret things , which shall be necessary to be known for the security of the king , may be revealed , if these things shall be acceptable to the lord archbishop . in the mean time , if his royall majesty and the l. archbishop desire to consult well to themselvas , they shall keep these things , onely superficially communicated unto them , most secretly ▪ under deep silence , not communicating them so much as to those whom they judge most faithful to them , before they shall receive by name , in whom they may confide ; for else they are safe on no side . likewise they may be assured , that whatsoever things , are here proposed , are no figments , nor fables , nor vaine dreams , but such reall verities , which may be demonstrated in every small tittle . for those who thrust themselves into this businesse are such men , who mind no gaine , but the very zeal of christian charity suffers them not to conceale these things : yet both from his majesty and the lord archbishop some small examplar of gratitude will be expected . all these premisses have been communicated under good faith , and the sacrament of an oath to mr. leger embassadour of the king of great brittain , at the hague ; that he should not immediately trust , or communicate these things to any mortall , besides the king and the l. archbishop of canterbury . subscribed , &c. present , &c. hague , com. 6 sept. 1640. in the stile of the place . regiae majestati , & dom. archiepiscopo cantuariensi in●inuandum per litteras . 1. regiam majestatem & dom. archiepiscopium , u●rumque in magno discimi●e vitae constitutum . 2. totam rempublicam hoc nomine periclitari , nisi properè occurratur malo . 3. turbas istas scoticas in ●um finem esse concitatas ; ut sub isto praetextu rex , & dominus archiepiscopus perimeretur . 4. dari medium , quo utrique hac in parte bene consuli , & tumultus iste cito componi , possit . 5. compositis etiam turbis istis scoticis , nihilo● minus periclitari regem : esse plurima media quibus regi , & domino archiepiscopo machinatur exitium . 6. conspirasse certam societatem quae regi & dom. archiepiscopo molitur necem , totuisque regni convulsionem . 7. eandem societatem singulis septimanis , explorationis octiduae suum quemque quod nundinatus est , ad presidem societatis deponere , & in unum fasciculum conferre : qui hebdomadatim ad directorem negotii expeditur . 8. nominari quiden posse omnes per capita dictae conspirationis conjuratos : at quia alio medio inno●escent , differre in posterum pl●cuit . 9. medium esse in promptu , quo uno momento detegi poterit scelus : conspiratores praecipui circumveniri , membraque primaria conjurationis in ipso actu apprehendi . 10. astantes regi plurimos , qui pro fidelissimis & intimis censentur , quibus etiam secretiora fiduntur , proditores regis esse , peregri●â pensione corruptos , qui secreta quaeque majoris , vel exigui momenti ad ext●ram potestatem deferunt . 11. haec & alia secretissima , quae scitu ad securitatem regis erunt necessaria : quòd si haec accepta dom. archiepiscopo fuerint , revelari poterunt . 12. interim si regia majestas sua & dominus archiepiscopus bene sibi consultum volunt , haec superficialiter quidèm tantum ipsis communicata , sub profundo silentio , & secretissimè servabunt , ne quidem iis , quos sibi fidelissimos judicant , communicaturi , antequam de nomine acceperint , quibus fidendum sit : ab nullo enim latere ali●s tuti sunt . sint etiam certi quicquid hic proponitur ; nulla figmenta , nec fabulas , aut inania somnia esse ; sed in rei veritate ita constituta , quae o●nibus momentis demonstrari poterunt : qui enim se immiscent huic negotio , viri honesti sunt : quibus nullus quaestus in animo ; sed ipse christianae charitatis fervor ista facere non sinit : ab utroque tamen , suae majestati tum domino archiepiscopo , gratitudinis exemplar tale quale expectabitur . haec omnia antecedentia sub bona fide & juramenti sacramento , dom. residenti regis magnae britanniae , hagae comitum communicata esse ne ulli mortalium , praeter regem , & dom. archiepiscopum cantuariensem immediate ista fideret , vel communi caret . subscripta , &c. presentes , &c. hagae com tum . 6 sept. 1640. st. loci . detectio &c. offerenda ser ●● . regiae majestati brittaniae & dom. archiepiscopo cantuariensi , &c. 6. sept. 1640. the archbishops own indorsment . rece . sept. 10. 1640. the plot against the king. the archbishop of canterburies letter to the king concerning the plot : with the kings directions in the margin , written with his own hand . may it please your majesty , as great as the secret is which comes herewith , yet i choose rather to send it in this silent covert way , and i hope safe , then to come thither , and bring it my selfe . first , because i am no way able to make haste enough with it . secondly , because should i come at this time , and antedate the meeting septemb. 24. there would be more jealousie of the businesse , and more enquiry after it : especially , if i being once there , should returne againe before that day , as i must if this be followed , as is most fit . the danger it seemes is imminent , and laid by god knowes whom , but to be executed by them which are very neere about you . ( for the great honour which i have to be in danger with you , or for you , i passe not , so your sacred person and the state may be safe . ) now , may it please your majesty , this information is either true , or there is some mistake in it : if it be true , the persons which make the discovery will deserve thankes and reward ; if there should be any mistake in it , your majesty can lose nothing but a little silence . the businesse ( if it be ) is exteam foul . the discovery thus by gods providence offered , seems fair . i doe hereby humbly beg it upon my knees of your majestie , that you will conceale this businesse from every creature , and his name that sends this to me . and i send his letters to me to your majestie , that you may see his sence both of the businesse and the secrecy . and such instructions as you thinke fit to give him , i beseech you let them be in your own hand for his warrant , without imparting them to any . and if your majestie leave it to his discretion to follow it there in the best way he can , that in your own hand will be instruction and warrant enough for him . and if you please to return it herewith presently to me , i will send an expresse away with it presently . in the mean time i have by this expresse returned him this answer , that i think he shall doe well to hold on the treatie with these men with all care and secrecie , and drive on to the discovery so soon as the businesse is ripe for it , that he may assure himselfe and them , they shall not want reward , if they do the service . that for my part he shall be sure of secrecy , and that i am most confident that your majesty will not impart it to any . that he have a speciall eye to the eighth and ninth proposition . sir , for gods sake , and your own safety , secrecie in this businesse : and i beseech you send me back this letter , and all that comes with it , speedily and secretly , and trust not your own pockets with them . i shall not eat nor sleep in quiet till i receive them . and so soon as i have them again , and your majesties warrant to proceed , no diligence shall be wanting in me to help on the discoverie . this is the greatest businesse that ever was put to me . and if i have herein proposed or done any thing amisse , i most humbly crave your majesties pardon . but i am willing to hope i have not herein erred in judgement , and in fidelity i never will. these letters came to me on thursday , septemb. 10. at night , and i sent these away according to the date hereof , being extreamly wearied with writing this letter , copying out these other which come with this , and dispaching my letters back to him that sent these , all in my own hand . once again secrecy for gods sake , and your own . to his most blessed protection i commend your majestie and all your affairs : and am * yorke 13. lambeth septemb. 11. 1640. your majesties most humble faithfull servant , w. cant. * as i had ended these , whether with the labour or indignation , or both , i fell into an extream faint sweat ; i pray god keep me from a fever , of which three are down in my family at croyden . these letters came late to me , the expresse being beaten back by the winde . the archbishops indorcement with his own hand . received from the king sept. 16. 1640 , for your sacred majestie . yours apostyled . the kings answer to the plot against him , &c. sir william boswels second letter to the archbishop . may it please your grace , this evening late i have received your graces dispatch , with the enclosed from his majestie , by my secretary oueart , and shall give due account with all possible speed of the same , according to his majesties and your graces commands , praying heartily that my endeavours , which shall be most faithfull , may also prove effectuall , to his majesties and your graces content , with which i do most humbly take leave , being alwayes hagh . 24. sept. 1640. s. angel ● . your graces most dutifull and humblest servant , william boswell . the archbishops indorcement . received sept. 30. 1640 ▪ sir william boswell his acknowledgement that he hath received the kings directions and my letters . sir william boswels third letter to the archbishop , sent with the larger discovery of the plot. may it please your grace , vpon receipt of his majesties commands , with your graces letters of 9. and 18. sept ▪ last . i dealt with the party to make good his offers formerly put in my hand , and transmitted to your grace : this he hopes to have done , by the inclosed , so far as will be needfull for his majesties satisfaction ; yet if any more particular explanation or discovery shall be required by his majestie or your grace , he hath promised to adde thereunto , whatsoever he can remember and knowes of truth . and for better assurance and verification of his integrity , he professeth himselfe ready ( if required ) to make * oath of what he hath already declared , or shall hereafter declare in the businesse . his name he conjures me still to conceale : though he thinks his majestie and your grace , by the character he gives of himselfe , will easily imagine who he is , having been known so * generally through court and city , as he was for three or foure yeers , in the quality and imployment he acknowledgeth ( by his declaration inclosed ) himselfe to have held . hereupon he doth also redouble his most humble and earnest suit unto his majestie and your grace , to be most secret and circumspect in the businesse , that he may not be suspected to have discovered , or had a hand in the same . i shall here humbly beseech your grace to let me know what i may further doe for his majesties service , or for your graces particular behoof ; that i may accordingly endeavour to approve my selfe , as i am hagh . 15. octob. 1460. your graces most dutifull and obliged servant , william boswell . the archbishops indorcement . received octob. 14. 1640. sir william boswell in prosecution of the great businesse . if any thing come to him in cyphers , to send it to him . the large particular discovery of the plot and treason against the king , kingdom , and protestant religion ; and to raise the scottish wars . illustrissime ac reverendissime domine . accepta suae regiae majestati simulac reverentiae tuae , suisse offerta nostra lubentes , & ex animo percepimus . adesse vobis benignitat●m numinis , hoc unicum nobis index est , quo stimulus datu● , ut tantò alacrius , liberaliusque , illa quibus vitae discrimen utriusque , statusque regni angliae , tum scotiae , eximiae majestatis sede de●urbatio intendatur , effundamus , detegamus . ne autem ambagibus superfluis , dilatetur oratio , nonnulla , quae tantum ad rem necessaria praemittemus . sciant primò , bonum istum virum per quem sequentia deteguntur , in pulvere isto pontificio esse natum & educatum , qui in dignitatibus ecclesiasticis aetates consump●it ; tandem praesentis negotii expeditioni , par invent●● , consilio & mandato d●mini card●nalis barbarini , ad auxilium domino cuneo adjunctus est : penes quem in officio ita diligens ac sedulus inventus , ut spes magnae promotionis ipsi data fuerit : ipse vero , boni spiritus ductus instinctu ▪ ut ●t dulcia promissa contempsit ; agnitisque religionis pontificiae vanitatibus ; ( quarum alias defensor fuerat severissimus ) malitia etiam sub vexillo papali militantium notata , gravari conscientiam suam senserat ; quod onus ut deponeret ; ad orthodoxam religionem animum convertit : mox ut conscientiam ●uam exoneraret , machinatum in tot innocentes animas scelus , revelandum censuit , levamen se percepturum , si in sinum amici talia effundat . quo facto ab eodem amico serio conmonitus , verae conversionis , charitisque exemplar ostenderet ; libera●et ab imminenti discrimine , innocentes tot animas ; in cujus monita lubens consenserat , calamoque sequentia excipiendum dederat , ex quibus articuli non ita pridem tuae reverentiae oblati , luculenter explicari & demonstrari poterunt . 1 ante omnia , ut cardo rei recipiatur , sci●ndum est , omnes istas , quibus tota christianitas hodie concutitur , factiones , exoriri , ab jesuitica ista chamea sobole , cujus quatuor per orb●m luxuriant ordines . primi ordinis sunt ecclesiastici , quorum religionis promotoria , est c●rar● . secundi ordi●is sunt politici , quorum officium est , statum regnorum , rerumque publicarum , quo quomodo intentare , turbare , reformare . tertii ordinis sunt s●●ulares , quorum proprium est , regibus , principibusque , ad officia sese obtrudere , insinuare , immiscere se rebus forensibus ; emptionibus , venditionibusque , & quae civilia sunt occupari . quarti ordinis exploratores sunt , sortis inferioris homines , qui servitiis magnatum , principum , baronum , nobilium , civium , sese sub nittunt , animis dominorum imposituri . ii. tot ordinum societatem , regnum anglicanum alit : vix enim tota hispania , gallia , & italia tantam multitudinem , jesuitarum , quantam unicum londinum , exhibere posset : ubi plus ●uam 50 scoti jesuitae reperiuntur . ibi sedem iniquitatis , dicta societas sibi elegit , conspiravitque in regem , regique fidelissimos , inprimis vero dominum archiepiscopum cantuariensem , etiam in regnum utrumque . iii. certo certius enim est ; determi●asse societatem nominatam , reforma●ione universali regnum angliae tum scotiae adficere ; determinatio ergò finis , in●ert necessario determinationem mediorum ad finem . iiii. ad promovendum ergo susceptum scelus , titulo , congregationis fidei propagandae , dicta societas sese insignivit : quae caput collegii pontificem romanum , substitutum & executorem , cardi●alem barbarinum , agnoscit . v. patronus societatis primarius londi●i , est legatus pontificius , qui curam negotii gerit ; in cujus sinum , saex illa proditorum omnia explorata , hebdomadatim deponit : impetrata autem est ●es●da legationis istius londini , pontifici● romani nomine , qua mediante , cardinali barbarino , agere in regem reg●umque tanto tutius faciliusque liceret , nullus enim alias , tam libere ambire regem posset , quam ille qui pontificia auctoritate palliatus sit . vi. fungebatur tùm temporis , officio legati pontificii , dominus cuneus conjura●ae societatis instrumentum ●niversale , & serius negotii promotor ; ●ujus secreta , ut & aliorum exploratorum om●ium , prae●eus vir bonus , communicator horum , excipiebat , expedie●batque quo res postulabat , adoriebatur cuneus , primaria regni capita , nihilque intentatum sivi● , quomodo singula corrumperet & ad partem pontificiam inclinaret ; var●● incitamentis plurimos alliciebat , etiam regem ipsum donationibus picturarum , a●tiquitatum , idolorum , aliarumque vantitatum româ allatarum , deludendum quaer●bat , quae tamen apud regem nihil prof●●erant . familiaritate inita cum rege , rogatur saepius hantocurti , etiam londini , palatini causam ageret , interponeretque autoritatem suam , intercession● lega●o coloniensi persu●deret , ut palatinus in conditiones , proximis comitii● de pace acturis , insereretur , quod quidem pollicitus est ; contrarium vero praestitit ; scripsit quidem . * regatum se de talibus ●b rege fuisse , non consulere tamen , ut consentiatur , * ne ab hispani● fortasse dicatur , pontificem romanum principi haeretico patrocinatum fuisse . subolfecit interim cun●us , * ab domino a●chiepiscopo regi fidelissimo , totum animu●● regium esse pendulum● omnem se motu●um lapidem , nervosque adplicaturum statuerat , ut ad partem suam lucrari p●ssit : paratum ●● habere medium certò confisu● ; mandatum enim hab ▪ bat , pileum cardinalem , nomine pontificis romani , domino archiepiscopo offerret , lactaretque pollicitis etiam sublimioribus , ut animum si ●cerum corrumperet : commoda tamen occasio nunquam dabatur , qua domino archiepiscopo sele in●inuare posse● ( quaerebat enim scorpius ovum ) per comitem & comitissam arondelianā , etiam per secretarium windibankum ; liber accessus impetrari debeat . quorum omnium intercessionibus neglectis , societatem vel familiaritatem cunei , peste pejus fugiebat ; persuadebatur etiam ab aliis non infimis , ipsi bene notis , nec tamen conmovebatur . vii . quaerebatur & alius qui ad facinus detestandum accessum impediebat , secretarius cook ; erat is o●or jesuitarum infensissimus , quibus aditum ad regem intercipiebat , excipebat plurimos pro meritis , in illorum factiones sedulo i●quirebat ; quo nomine incitamentum omne , vi● magneticam ad partem pontificiam spirans , erat apud ipsum inefficax , nihil enim tam carum erat , quod ipsum ad pravum inclinasset : hinc , conjurationis patronis exosus factus ; pe●iclitabatur de officio ut exueretur , laborabatur per triennium , quod ultimo impetratum . mansit nihilominus ab parte regis , nodus solutu difficilis ; dominus archiepiscopus enim constantia sua , sicuti durissimum sese interposuit saxum . laborasse se incassum , ab parte domini archiepiscopi cuneus cum intellexisset , efferbuit m●litia ipsius , totiusque societatis ; mox 〈◊〉 parari caeperunt , quibus dominus archiepiscopus una cum rega caperetur . in regem quoque ( cujus gratia totum istud disponitur negotium ) à quo quia nihil quod promovendae religioni papisticae inserviret speratur , ( imprimis verò , cum animum suum aperuerit , se ejus opinionis esse , quemvis in religione sua dummodo vir probus & pius sit , salvari p●sse ) sententia lata est . viii . ad perpetrandum susceptum facinus , executio criminalis vvestmonaste●i , per scripta nonualla puritanorum causata , primi incendii ansam dedit , quae res ab papistis apud puritanos in tantum ex●cerbabatur , exaggerabaturque , ut si inulta maneret , religioni ipsis duceretur ; cujus incendii , subsequens tandem liber precum , flammas auxit . ix . in isto fervore expeditus furit ad scotos ab parte pontificia comes quidam scotus maxfi●ld , ni fallor nomine , cum quo , duo alii comites scoti papistae , correspondebant . is commovere debebat plebem , injuriamque refricare ut animos accenderet , ad arma precipitaret , quibus noxius libertatis scoticae perimeretur turbator . x. ibi una opera paratus in casses regi , eo enim directum esse praesens negotium ut anglorum complurimi sese adglutinarent scotis ; rex armis maneret inferior , qui ab papistis auxilia petere cogeretur , quae tamen non impetraret , nisi in conditiones descenderet , quibus libertatem vniversalem exercitii religionis pontifi●iae , permitteret ; it a enim res papistarum ad nutum succederent , quo consensu si difficiliorem sese exhibuerit , remedium erit in promptu : adolescente enim cum primum regio filio , ( qui à teneris , ut parti pontificiae adsuescat educatur ) de rege actum est : nux quippe indica acutissimo veneno referta in societate servatur ( quam cuneus tum temporis gloriabundus mihi oftentabat ) quo regi exemplo patris , parabatur pharmacum . xi . in ista commotione scotica marquesse d' hamelton saepius regis nomine ad scotos ablegatur , regiam auctoritatem interponere● , quâ aestus animorum mitigaretur , sine fructu tamen , reque infecta toties reversu● . ipsius concionator tum temporis nos adiit , qui cum cuneo secretè nonnulla communicavit ; interrogatus a me , joco ; num etiam iudaei , cum samaritanis convenirent ? ad quae cuneus respondit , vtinam omnes ministri tales , ut ipse , essent ; conjiciatur hinc quidcunque . xii . rebus sic stantibus , ab cardinali richelieu , dominus thomas cam●rarius , sacellanus & eleemosinarius ipsius , natione scotus , londinum adpulit ; qui colleg●o societatis conjuratae adsidere debebat , remque seriò agere , ●ihil intentatum relinquere , quo primus exasperaretur servor . quo officio honorarium episcopatus , erat ipsi pollicitum . cohabitabat & societati per quatuor menses , nec prius discedendum licebat , donec rebus ex voto cedentibus , cum bonis novis redux fieri possit . xiii . cavalliero to●ias mathei sacerdos jesuita , ordinis politicorum , è capitibus primariis homo vigilantissimus , cui nunquam tam charum cubile , quo caput reclinet ; ad sellam tantum , hor●una , at que altera , somno corpus reficit ; nec diei nec nocti , machinamētis parcit , vir summè noxius & ipsa regis , regnique angliae pestis , homo impudentissimus , qui per omnia convivia , epulasque , vocatus vel non vocatus , volitat ; ●unquam quietus , ●emper in actione , mo●uq●e perpetuo ; singulis conversationibus superiorum immiscuit , urget familiarè colloquis , ut animos hominum expiscaretur ; quic quid inde ad partes conjuratorum commodi vel incommodi concernere advertit , legato pontificio communicat , secretioria , ipse ad pontificem vel cardinalem ba●ba●inum perscribit . in summa , cuivis societati sese adglutinat , nullum ve●bum effari potest , quod ipse non arripiat & ad partes suas accommodet . quicquid interea temporis expiscatus , in catalogum redigit , & quavis aestate ad consistorium generale jesuitarum politico●ū quod in provincia wallensi secretò concurrit , hospes acceptus de●ert . ibi tacitè consilia cuduntu● quae ad convulsionem status ecclesiastici , turn politici , regni utriusque sunt aptissima . xiiii . capitaneus reda scotus , habitans in platea longaker , prope tabernam angeli , jesuita saecularis , quiob detestandum officium praestitum ( quo ministrum quendam ecclesiae , incitamentis dulcibus ad religionem papisticam , tota cum familia ipsius perverterat , filia ipsius in uxorem ducta ) pro repensa obtinuit reditus vel vectigal butiraceum , quod rustici sibi praestare tenentur , adquisitum ipsi ab rege , per nonnullos societatis praecipuos ; cui stimulus nunquam deficit , quo in officio constans de●ineatur . in ipsius ae●ibus rei totius peragitur negotium , ubi societas quae in regem & dominum archiepiscopum , regnumque utrumque conjuravit , plerumque diebus singulis concurrit ; die vero expeditionis tabellarii , quae ordinariè est dies veneris , tanto frequentiores , tum enim omnes exploratores conveniunt , quae quisque ea hebdomada expiscatus est , in commune conferunt ; qui ut extra suspitionem sint , secreta sua per tobiam mathei vel ipsum redam , ad legatum pontificium , amandant ; ipse , fasciculum compactum quem ab exploratoribus nundinatus est , romam transmittit . apud eundem redam deponuntur literae roma illatae , sub titulis & nominibus fictis , quae per ipsum singulis ad quos spectant traduntur , illorum enim omnium & singulorum nomina ipsi sunt cognita . eadem ipsa occasione adferuntur etiam literae , sub coperta patris philippi ( ipso tamen rerum nescio ) a quo conjuratis dstribuuntur . habetur in illis ipsis aedibus sacellum publicum ; cui jesuita ordinarius consecrat , ibidemque habitat . in dicto sacello missae celebrantur quotidie à jesuitis ▪ baptism●que liberis domesticis & nonnullorum conjuratorum inservitur . qui in nominatis aedibus concurrunt , rhodis vel equis , frequenter habitu politico , magnoque comitatu , quo palliantur ne innotescant , jesuitae tamen sunt , & membra societatis conjurata . xv. hoc caetu contribuitur ab omnibu● papistis angliae , ne quidquam ad promovendum susceptum negotium de●●ciat . in quem fiscum , unica vidua proprietaria olim aedium quas modo secretarius windebanck inhabitat , ante triennium defuncta 40000 librarum anglicarum , contulit ; sic & alii etiam citravires faciunt , modo ad optatum finem ▪ promoveatur negotium . xvi . praeternominatas eedes , etiam pe● alia loca secretiora fiunt conventicula , de quibus ne inter se quidem fidunt , met● ne dispatentur . convocantur primo ad certa diversoria singuli ( alter alterius inscius ) hinc per exploratores ad locum ubi convenire debent , singuli deducuntur , ignari alias ubi conventuri sint , ne forte insperato obruantur . xvii . comitissa'd arondel , strenua pontificiae religionis propugnatrix , ad reformationem universalem omnes nervos intendit , quicquid ad aulam regis ▪ secretè vel apertè verbis vel factis geritur , legato pontificio infinuat , cum quo ad minimum ter de die , modo in aedibus arondelianis , jàm ad aulam vel tarthalae cum ipso congreditur ; ex ungue talia vix exugit . ipse c●mes vocatus jam à triennio hoc anno ire debebat romam , acturu● ibi dubio procul de seriis negotium concernentibus . donis dictionibusque suis , jesuitae missis invigilant . grinwici , impensis comitis , schola foeminea sustentatur ; quaealias monasterium monialium est ; adultae enim inibi juvenculae , hic inde per extera transmarina monasteria , emittuntur . 18. dominus porter , cubicularius regius , pontificiae religioni addictissimus ; regis infensus hostis , is ipsius secretissima quaeque , legato pontificio aperit , quamvis rarissi●e cum ipso conveniat ; uxor tant● saepiùs , quae ab marito informata , legato secreta confidit : in omnibus suis actionibus tobiae mathei nihil ●●dit ; effari non potest qualiter negotio invigilet . filii ipsius in religione pontificia o●culte informantur , aperte reformatam profitentur . major natu offic●um patris suscepturus , sub rege suturo ; alteri , si negotium bene successerit , pileus cardinalis paratus est . ante triennium ablegari debebat dictus dominus portera rege marochum ; prohibitus fuit ab societate , ne moram pateretur negotium . patronus est jesuitarum , quibus ad exercitium religionis , sacella , domi , forisque subministrat . 19. secretarius windebank , papista acerrimus , regi omnium infidelissimus qui non solum secretissima etiam quaeque regia prodit & revelat , sed etiam consilia quibus optime negotio consuleretur , communicat . ipse ad minimum ter in hebdomada , per nocturna conventicula cum legato conversatur ; injungitque quae scitu digna cogitat : cujus causa , aedes vicinas legati domo conduxit , quem saepius per portam horti adit , hac enim vicinitate , facilitatur congressus . dictus secretari●● ad partem societatis conjuratae , muneribus emptus est , quibus sustentatur , ut magis seriò officium peragat . filium suum expressè romam misit , qui romano pontisici sese insinuare debebat . 20 cavalliero digbi , cavalliero winter , dominus mountague junior , qui romae fuit , mi-lord sterling ; congnatus comitis d'arundel , eques : comitissa de neuport , duciffa buckingham , & plerique alii qui in conditionem , hanc jurarunt , omnes in opere sunt vigilantissi●●i . horum alii , aulicorum ; alii politicorum officiorum spe inescantur : alii ad sexdecim pileos cardinales vacantes attendunt , qui ideo ab aliquot annia otiosi detinent u● , ut spem vanam expectantibu● imponant . 21 praeses nominatae societatis erat mi lord gage , sacerdos jesuita , ante triennium defunctus : habebat is palatium , lascivis picturis exornatum , quae prophanitatem in aedibus mentiebantur , palliabatur vero illis monasterium , quo quadraginta moniales sustentabantur , tanto palatio occultatae ; situm est in platea reginae ; quam statua regina aurea decorat . istam plateam totam jesuitae secul●res emerunt , redegeruntque in quadratum , ubi tacitè collegium jesuiticum extruit●● , eâ spe , ut quamprimum reformatione universali incepta , apertè elaborar● possit . legatus pontificius triplici charactere five cifra utitur : uno , quo , cum omnibus nunciis communicae : altero cum solo cardinale barbarino : tertio , quo secretioria nonnulla communicanda ucculta● . quaecunqu● per hebdomadam ab societate aut aliis exploratoribus excepit , illa uno fasciculo consarcinat , sub inscriptione , al monsignior stravio archidiacono de cambray , dedicat , a quo tandem promoventur romam . his ita constitutis , ●i singula ad trutinam ponantur , sati●fiet in specie , omnibus articulis propositis . quibus . 1. conjuratio in regem & dominum archiepiscopum detegitur ; media quibus exitium utrique minatur , demonstra●tur . 2. pericula regno utrique imminentia recensentur . 3. exortus incendii illius scotici & progressus ennarratur . 4. media quibus tu●bae istae scoticae sedari possint , suggeruntur ; postquam enim resciverint scoti , à quibus & in quem finemanimi ipsorum accendantur , consulent sibi propere ; neque utriusque partis vires succumbere sinent ; ne medius sese interp●●at qui utramque quaerit . 5. quo ense regis petatur jugulum , etiam turbis istis sopitis , cun●i confessio , oculataque demonstratio , do●et . 6. locus congr●gationis in aedibus capitanei redae nominatur . 7. dies expeditionis octiduae per redam & legatum injungitur . 8. q●o modo nomina conjuratorum innotescere possint . 9. ubi tota ista congregatio possit circumveniri . 10. infideles nonnulli ab parte regis praecipuorum de nomine notificantu● , plures , quorum nomina non occurrunt , habitationes tamen notae sunt ; de nomine facile ab reda extorqueri poterunt . si cau●è in his procedetur , nervus totius negotii in apricum prodibit , ita sagitta piaevisa , effugietur periculum , quod ut succedat prospere , creator omnipotens faxit , most illustrious and reverend lord. we have willingly and cordially perceived , that our offers have been acceptable both to his royall majestie , and likewise to your grace . this is the only index to us , that the blessing of god is present with you , whereby a spur is given , that wee should so much the more cheerfully and freely utter and detect those things whereby the hazard of both your lives , the subversion of the realme and state both of england and scotland , the tumbling down of his excellent majesty from his throne , is intended . now least the discourse should be enlarged with superfluous circumstances , we will onely premise some things which are meerly necessary to the businesse . they may first of all know , that this * good man , by whom the ensuing things are detected , was borne and bred in the popish religion , who spent many yeeres in ecclesiasticall dignities , at length being found fit for the expedition of the present designe , by the counsell and mandate of the lord cardinall barbarino , he was adjoyned to the assistance of master cuneus ( * cun ) by whom he was found so diligent and sedulous in his office , that hope of great promotion was given to him . yet he , led by the instinct of the good spirit , hath , howsoever it be , contemned sweet promises , & having known the vanities of the pontifician religiō ( of which he had sometime been a most severe defender ) having likewise noted the malice of those who fight under the popish banner , felt his conscience to be burdned ; which burden that he might ease himself of , he converted his mind to the orthodox religion . soon after , that he might exonerate his conscience , he thought ●it , that a desperate treason , machinated against so many soules , was to be revealed , and that he should receive ease if he vented such things into the bosome of a friend : which done , he was seriously admonished by the said friend , that he should shew an example of his conversion and charity , and free so many innocent soules from imminent danger . to whose monitions hee willingly consented , and delivered the following things to be put in writing , out of which the articles not long since tendered to your grace , may be cleerly explicated and demonstrated . 1 first of all , that the hinge of the businesse may be rightly discerned , it is to be known , that all those factions with which all christendome is at this day shaken , do arise from the iesuiticall off-spring of cham , of which four orders abound thorowout the world . of the first order are ecclesiasticks , whose office it is to take care of things promoting religion . of the second order are politicians , whose office it is by any means to shake , trouble , reforme the state of kingdomes and republikes . of the third order are seculars , whose property it is to obtr●de themselves into offices with kings and princes , to insinuate and immix themselves in court businesses , bargains and sales , and to be busied in civill affairs . of the fourth order are intelligencers ( or spies ) men of inferiour condition , who submit themselves to the * services of great men , princes , barons , noblemen , citizens , to deceive ( or corrupt ) the mindes of their masters . 2. a society of so many orders , the * kingdome of england nourisheth : for scarce all spain , france , and italy , can yeeld so great a multitude of jesuites , as london alone ; where are found more then 50 scottish jesuites . there the said society hath elected to it selfe a seat of iniquity , and hath c●nspired against the king , and the most faithfull to the king , especially the lord archbishop of canterbury , and likewise against both kingdomes . 3. for it is more certaine then certainty it self , that the forenamed society hath determined to effect an universall reformation of the kingdome of england and scotland . therefore the determination of the end , necessarily infers a determination of means to the end . 4. therefore to promote the undertaken villany , the said society dubbed it selfe with the title of , the congregation of propagating the faith ; which acknowledgeth the pope of rome the head of the colledge , and cardinall barbarino his substitute and executor . 5. the chief patron of the society at london , is the popes legat , who takes care of the businesse ; into whose bosome , these dregs of traytors weekly deposite all their intelligences . now the residence of this legation , was obtained at london , in the name of the roman ponti●e , by whose mediation it might be lawfull for cardinall barbarino , to work so much the more easily & safely upon the king and kingdom . for none else could so freely circumvent the king , as he who should be palliated with the popes authority . 6. master cuneus did at that time enjoy the office of the popes legat , an vniversall instrument of the conjured society , and a serious promoter of the businesse , whose secrets , as likewise those of all the other intelligencers , the present goodman , the communicator of all these things , did receive and expedite whither the businesse required . cuneus set upon the chief men of the kingdom , and left nothing unattempted , by what means he might corrupt them all , and in●line them to the pontifician party : he inticed many with various incitements , yea , he sought to delude the king himselfe with gifts of pictures , antiquities , idols , and of other vanities brought from rome , which yet would preva●le nothing with the king. having entred familiarity with the king , he is often requested at hampton court , likewise at london , to undertake the cause of the palatine , and that he would interpose his authority , and by his intercession perswade the legat of colen , that the palatine in the next diet to treat of peace , might be inserted into the conditions ; which verily he promised , but performed the contrary . he writ indeed , that he had been so desired by the king concerning such things , yet he advised not that they should be consented to , lest peradventure it might be said by the spaniard , that the pope of rome had patronized an hereticall prince . in the meane time , cuneus smelling * from the archbish. most trusty to the king , that the kings mind was wholy pen●ulous ( or doubtfull . ) resolved , that he would move every stone , and apply his forces , that he might gaine him to his party : certainly confiding , that he had a meanes prepared . for he had a command to * offer a cardinalls cap to the lord archbishop in the name of the pope of rome , and that hee should allure him also with higher promises , that hee might corrupt his sincere minde . yet a fitting occasion was never given , whereby he might insinuate himselfe into the lord archbishop ( for the scorpion sought an egge : free accesse was to be impetrated by the earl and countesse of arundel , likewise by secretary windebanke : the intercession of all which being neglected , he did flie the company or familiarity of cuneus , worse then the plague : he was likewise perswaded by others of no mean rank , well known to him , neither yet was he moved . 7. another also was assayed , who hindred accesse to the detestable wickednesse , secretary cook , he was a most bitter hater of the jesuites , from whom he intercepted accesse to the king , he entertained many ( of them ) according to their deserts , he diligently inquired into their factions ; by which means every incitement , breaththing a magneticall ( attractive ) power to the popish party , was ineffectuall with him ; for nothing was so dear unto him , that might incline him to wickednesse . hereupon being made odi●us to the patrons of the conspiracy ▪ he was endangered to be discharged from his office ; * it was laboured for three yeers space , and at last obtained . yet notwithstanding there remained on the kings part a knot hard to be untied , for the lord archbishop by his constancy , interposed himselfe as a most hard rock . when cuneus had understood from the lord archbishops part , that he had laboured in vain , his malice and the whole societies waxed boyling hot : soon after ambushes began to be prepared , wherwith the lord archbishop together with the king should be taken . likewise a sentence is passed against the king ( for whose sake all this businesse is disposed ) because nothing is hoped from him , which might seem to promote the popish religion ( but especially when he had opened his minde , that he was of this opinion , that every one might be saved in his own religion , so as he be an honest and pious man. ) 8. to perpetrate the treason undertaken , the criminall * execution at vvestminster , caused by some writings of puritans , gave occasion of the first fire : which thing was so much exasperated & exaggerated by the papists to the puritans , that if it remained unrevenged , it would be thought a blemish to their religion ; the flames of which fire , the subsequent book of * prayers increases . 9. in this heat , a certain scotish earl , called maxfield , if i mistake not , was expedited to the scots by the popish party ; with whom two other scotish earls , papists , held correspondency : he ought to stir up the people to commotion , and rub over the injury afresh , that he might enflame their minds , precipitate them to arms , by which the hurtfull disturber of the scotish liberty might be slain . 10. there , by one labour , snares are prepared for the king ; for this purpose the present businesse was so ordered , that very many of the english should adhere to the scots ; that the king should remaine inferiour in armes , who ( therupon ) should be compelled to crave assistance from the papists ; which yet he should not obtaine , unlesse he would descend unto * conditions , by which he should permit * universall liberty of the exercise of the popish religion ; for so the affairs of the papists would succeed according to their desire . to which consent , if he should shew himself more difficult , there should be a present remedy at hand : for the kings son growing now very fast to his youthfull age ( who is * educated from his tender age , that hee might accustome himselfe to the popish party ) the king is to bee dispatched : for an * indian nut stuffed with most sharp poyson , is kept in the society ( which cuneus at that time shewed often to me in * a boasting manner ) wherein a poyson was prepared for the king ; after the example of his * father . 11. in this scottish commotion , the marquesse of hamelton , often dispatched to the scots in the names of the king , to interpose the royall authority , whereby the heat of minds might be mitigated , returned notwithstanding as often without fruit , and without ending the businesse : his chaplaine at that time repaired to us , who * communicated some things secretly with cuneus . being demanded of me injest , whether also the jewes agreed with the samaritans ? cuneus thereunto answered ; would to god all ministers were such as he : what you will , may be hence conjectured . 12. things standing thus , there arrived at london from cardinall richelieu , mr. thomas chamberlaine , his chaplain and almoner , a scot by nation , who ought to assist the colledge of the confederate society , and seriously to set forward the businesse , to leave nothing unattempted , whereby the first heat might be exasperated . for which service he was promised the reward of a * * bishopricke , he cohabited with the society , foure moneths space ; neither was it lawfull for him first to depart , untill things succeeding according to his wish , he might be able to return back again with good newes . 13. sir toby matthew a iesuited priest , of the order of politicians , a most vigilant man of the chief heads , to whom a bed was never so dear , that he would rest his head theron , refreshing his body with sleep in a chair for an houre or two , neither day nor night spared his machinations ; a man principally noxious , and himselfe the plague of the king and kingdom of england ; a most impudent man , who flies to all banquets , and feasts , called or not called ; never quiet , alwaies in action & perpetuall motion ; thrusting himselfe into all conversations of superiours ; he urgeth conferences familiarly , that he may fish out the minds of men ; what ever he observeth thence , which may bring any commodity or discommodity to the part of the conspirators , he communicates to the popes legat ; the more secret things he himself writes to the pope , or to cardinall barbarino . in sum , he adjoines himself to any mans company , no word can be spoken , that he will not lay hold on , and accommodate to his party . in the mean time , whatever he hath fished out , he reduceth into a catalogue , and every summer carrieth it to the generall consistory of the jesuites politicks , which secretly meets together in the province of * wales , where he is an acceptable guest . there councells are secretly hammered which are most meet for the convulsion of the ecclesiastick , and politick estate of both kingdoms . 14. capiaine read a scot , dwelling in longacre-streete , ne●r the angell taverne , a secular jesuite , who for his detestable office performed ( wherby he had perverted a certain minister of the church , with secret incitements to the popish religion , with all his family , taking his daughter to wife ) for a * recompence obtained a rent or impost upon butter , which the country people are bound to render to him , procured for him from the king , by some chief men of the society , who never want a spur , wherby he may be constantly detained in his office : in his house the businesse of the whole plot is concluded , where the society which hath conspired against the king , the lord archbishop & both kingdoms meet together , for the most part every day : but on the day of the carrier● ( or posts ) dispatch , which is ordinarily friday , they meet in greater numbers ; for then all the intelligencers assemble , and confer in common , what things every of them hath fished out that week ; who that they may be without suspi●ion , send their secrets by toby matthew , or read himselfe , to the popes legat ; he transmits the compacted pacquet , which he hath purchased from the intelligencers , to rome . with the same read , the letters brought from rome are deposited , under faired titles and names , who by him are delivered to al , to whom they appertain : for all and every of their names are known to him . vpon the very same occasion , letters also are brought hither under the covert of father philip ; ( he notwithstanding being ignorant of things ) from whom they are distributed to the conspirators . there is in that very ●use a publik chappell , wherin an ordinary jesuite con●ecrates , and dwels there . in the said chappell masses are daily celebrated by the jesuites , and it serves for the baptizing of the children of the house , and of some of the conspirators . those who assemble in the forenamed house , come frequently in coaches or on horse back in lay-mens habit , and with a great train , wherwith they are diguised , that they may not be known , yet they are jesuites , and conjured members of the society . . all the papists of england contribute to this assembly , lest any thing should be wanting to promote the undertaken designe . vpon whose treasury , one widdow , owner of the houses , wherein secretary windebanke now dwelleth , dead above three yeares since , bestowed fourty thousand english pounds , so likewise others contribute above their abilities , so as the businesse may be promoted unto its desired end . 16. besides the foresaid houses , there are conventicles also kept in other more secret places , of which verily they confide not even among themselves , for fear lest they should be discovered . first , every of them are called to certain innes , ( one not knowing of the other ; ) hence they are severally led by spies to the place where they ought to meet , otherwise ignorant where they ought to assemble , lest peradventure they should be surprised at unawares . 17. the countesse of arundel , a strenuous she-champion of the popish religion , bends all her nerves to the vniversall reformation ; whatsoever she hears at the kings court , that is done secretly or openly , in words or deeds , she presently imparts to the popes legat , with whom she meets thrice a day ▪ sometimes in arundel ● house , now at the court , or at tarthal ▪ he scarce sucks such things by the claw . the earl himselfe called now about three years since , this year ought to go to rome , without doubt to consult there of serious things , concerning the designe . with gifts and speeches , the iesuites watch diligently to their masses . at greenwich at the earles costs , a feminine school is maintained , which otherwise is a monastery of nunnes ; for the young girls therein , are sent forth hither and thither into forraine mon●steries beyond the seas . master porter of the kings bed-chamber , most addicted to the popish religion , is a bitter enemy of the king , he reveales all his greatest secrets to the popes legat ; although he very rarely meets with him , yes his wife meets him so much the oftner , who being informed by her husband , conveyes secrets to the lega● . in all his actions he is nothing inferiour to toby matthew ; it cannot be uttered ▪ how diligently he watcheth on the businesse . his sonnes are secretly instructed in the popish religion ; openly , they professe the reformed . the eldest is now to receive his fathers office , under the king which shall be . a cardinals hat is provided for the other , if the designe shall succeed well . above three yeares past the said master porter , was to be sent away by the king to maroco : but he was prohibited by the society , lest the businesse should suffer delay thereby . he is a patron of the iesuites , for whom , for the exercise of religion , he provides chappels both at home and abroad . secretary windebanke , a most fierce papist , is the most unfaithfull to the king of all men , who not onely betraies and reveales even the kings greatest secrets , but likewise communicates counsels by which the designe may be best advanced . he at least thrice every week converseth with the legat in nocturnal conventicles , and reveales those things which he thinkes fit to be knowne ; for which end , he hired a house neare to the legates house , whom he often resorts to through the garden doore , for by this vicinity , the meeting is facilitated . the said secretary is bribed with gifts to the party of that coniured society , by whom he is sustained , that he may the more seriously execute his office. he sent his sonne expresly to rome , who ought to insinuate himselfe into the roman pontif. sir digby , sir winter , master mountague the younger , who hath been at rome ; my lord sterling , a cosen of the earle of arundels , a knight , the countesse of newport , the dutchesse of buckingham ; and many others who have sworne into this conspiracy , are all most vigilant in the designe . some of those are inticed with the hope of court , others of politicall offices ; others attend to the sixteene cardinals caps that are vacant ; which are therefore detained idle for some yeares , that they may impose a vaine hope on th●se who expect them . the president of the aforesaid society was my lord gage , a iesuite priest , dead above three yeares since . he had a palace adorned with lascivious pictures , which counterfeited prophanenesse in the house , but with them was palliated a monastery , wherin forty nunnes were maintained , hid in so great a palace , it is situated in queenes-street , which the statue of a golden queene adornes . the secular iesuites have bought all this street , and have reduced it into a guadrangle , where a iesuiticall colledge is tacitly built , with this hope , that it might be openly finished , as soone as the universall reformation was begunne . the popes legat useth a threefold character or cipher ; one wherewith he communicates with all nuncioes ; another , with cardinall barbaraino onely : a third , wherewith he covers some greater secrets to bee communicated . what soever things he either receiveth from the society or other spies , those he packes up together in one bundle , dedicated under this inscription : to mounsieur stravio archdeacon of cambray : from whom at last they are promoted to rome . these things being thus ordered , if every thing be laid to the bullance , it will satisfie 〈◊〉 speciall , all the articles pr●pounded . wherein . 1. the conspiracy against the king and lord arch-bishop is detected , and the meanes whereby ruine is threatned to both , demonstrated . 2. the imminent dangers to both kingdomes are rehearsed . 3. the rise and progresse of that scottish ●●re is related . 4. meanes wherby these scottish troubles may be appeased , are suggested : for after the scots shall know by whom and to what end their minds are incensed , they wil speedily look to themselves , neither will they suffer the forces of both parts to be subdued , lest a middle party interpose , which seekes ( the ruine ) of both . 5. with what sword the kings throat is assaulted , even when these stirs shall be ended , cunens his confession ; and a visible demonstration , sheweth . 6. the place of the assembly in the house of captaine read is nominated . 7. the day of the eight dayes dispatch by read and the legate is prescribed . 8. how the names of the conspirators may be knowne . 9. where this whole congregation may be circumvented . 10. some of the principall unfaithfull ones of the kings party are notified by name ; many of whose names occur not , yet their h●bitations are knowne ; their names may be easily extorted from read. if these things be warily proceeded in , the strength of the whole businesse will be brought to light ; so the arrow being foreseene , the danger shall be avoyded ; which that it may prosperously succeed , the omnipotent creator grant . the arch-bishops indorsement with his ow●e hand . rece . octob. 14. 1640. the narration of the great treason , concerning which he promised to sir william boswell , to discover against the king and state. a further evidence and confirmation of some things in the relation concerning the archbishop of canterbury . the relation of this horrid plot by a chiefe actor in it , ( with which the arch-prelate acquainted the king , not many daies before this parliament began ) lay concealed among the arch-bishops papers , without any prosecution of the conspirators ( for ought appeares ) who are since dispersed in part by the parliament , but neither dissolved nor taken off this plot , but become more active in its prosecution , putting forth their last and utmost endeavours in all places , to accomplish this their designe , which they have almost brought to maturity to our shame and grief , by new raysed civill wars both in ireland and england . two things in this plot , which concerne the arch-bishop , may perchance seem strange to different sorts of men . first ; that the popes legat should presume to tempt the archbishop with the offer of a cardinals cap ; and some friends of his will perchance affirme , that certainely no such proffer was ever made unto him : but to put this out of question , the bishop himselfe under his owne hand , among other memorials , in the iourn●ll of his life ( then found by mr. prynne in his pocket ) hath these two remarkable memorandums , anno 1633. august 4. sunday , newes came to court of the lord arch-bishop of canterburys death , and the king resolved presently to give it me . that very morning at greenenwich there came one to me seriously , and that avowed * ability to performe it , and offered me to be a cardinall . i went presently to the king and acquainted him both with the thing and person . aug. 17. ( the same moneth ) saturday i had a serious offer made me againe to be a cardinall ; i was th●● fr●m court , but so soone as i came thither ( which was wednesday august 21. ) i acquainted his majesty with it . but my answer againe was , that somewhat dwelt within me that would not suffer that till rome were other then it is : so that by his owne notes it appeares , a cardinals cap was twice proffer'd him very seriously , and that he acquainted the king with it ; not by way of complaint to crave justice against the party who durst presume to tempt him with such a forraigne dignity , to be the popes sworn instrument ; but , by way of advice , and to sound his majesties opinion hereof ▪ as his answer imports . neither did he absolutely di●claime the dignity it selfe , as if he might in no case accept it , but conditionally , till rome should be other then it is now , and then he would not refuse it . indeed the arch-bishop in his * reply to fisher , challengeth this title ( putriarch of another world ) as his due , being given to his predecessor anselm , and therefore could brook● any other pope ( in point of soveraignty ) to lord it over him here ; and this made him refuse the cardinalls gap● but had he resisted the legats landing or conti●nance here , which he never did for ought appeares , but entertained some familiarity with him at first , though they afterwards grew more strange ; or peremptorily refused the first offer with indignation , thrust out the legate or offerer of it by head and shoulders , prosecuted him ( as he did poore innocent puritans ) upon the statute of 23● eliz. c. 1. as a traytor , for attempting to seduce him from his alegiancy , and subject him to the see of rome ; or brought him publikely into the star-chamber or high-commission , as he did some others for lesser pretended crimes and scandals , hee had discharged the part of a good zealous prelate and protestant ; but here was no such proceeding in this case : the very parties that tendred this cap , presuming some good inclination in him to accept it , and good affection to the romish church , which * he maintaines to be a true church , wherein men are and may be saved ; and the second proffer of the cap following so soone at the heeles of the first , intimates ; that the first was in such sort entertained by him , as rather incouraged then discouraged the party to make the second ; and his second consultation with the king concerning it , insinuates , that the king rather inclined to , then against it , or at leastwise left it arbitrary to him to accept or reject it as he best liked . as for his lukewarme severity in prosecuting papists , it appeares most lively by his epistle to the king before his conference with the iesuite fisher , where hee useth these speeches of his ●arriage towards them ; god forbid that i should perswade a persecution in any kind , or practise it in the least ( against priests and jesuites . ) for to my remembrance i have not given him or his so much as crosse language . therefore he is no great enemy to them : the edge of ●eale being wholly bent against puritans whom hee prosecuted even to strong cities , countries withall manner of tortures . the second thing which may seeme strange to others , disaffected to him ▪ is this ; that the popes legat and jesuites should ever ●ate , or conspire his death , unlesse he were an utter enemy to all popery , papists and the church of rome ; which admits an easie answer : the truth is , the bishop being very pragmaticall and wilfull in his courses , could not well brooke pragmaticall , peremptory iesuits , who in popish kingdomes are in perpetuall enmity with all other orders , and they with them ; they having beene oft banished out of * france and other realmes by the sorbonists , dominicans and other orders , no protestants writing so bitterly against this popish order as themselves , as some of their priests , dominicans , and other friers have done : yea the priests and jesuites in * england were lately at great variance , and persecuted , and writ against one another with much violence ; this same then is no good argument that the arch-bi . held no correspondence with priests and other orders , can beare no good affection to the church of rome , in whose superstitious ceremonies he outstripped most priests themselves . vvhat correspondency he held with franciscus de sancta clara , with other priests , and doctor smith bishop of calcedon , whom the jesuits likewise have persecuted , and got excommunicated , ( though of their owne church and religion ) is at large discovered in a books in●●●●led , the english pope : and how well he approved of some romish doctrines , alt●●s and massing rites , is evident by the scottish common-prayer-booke , then found in the archbishops chamber , with all those alterations , wherein it differs from the english , written with his owne hand in the margin , some of which smell very strongly of popery ; as namely , his blotting out of these words at the delivery of the bread and wine in the sacrament , take and eate this in remembrance that christ dyed for thee , and feed on him in thy heart by faith with thankesgiving : take and drink● this in remembrance that christs blood was shed for thee , &c. and leaving onely this former clause ( the better to justifie and imply a * corporall presence of christ in the sacrament ) the body of our lord iesus christ which was given for thee ; the blood of our lord iesus christ which was shed for thee , preserve thy body and soule unto everlasting life . and this popish rubricke therein written with his owne hand . the presbyter during the time of consecration shall stand at the middle of the altar , where he may with more ease and decency * use both his hands , then he can do if he stand at the north end : with other particulars of this kind . moreover , in his booke of private devotions , written with his owne hand , he hath ( after the romish form ) reduced all his prayers to ca●●nicall houres , ( many of them for his late good lord and master the duke and dutches of buckingham , and their family ; and some against the scotch rebels , as he stiles them . ) and in the fore-mentioned memorials of his life , written with his owne hand , there are these suspicious passages , among others , besides the offer of the cardinals-cap , an. 1631. i●n . 21. and 26. my nearer acquaintance began to settle with do. s. god blesse us in it . i●nii 25. d. s. with me at fulham cum m● . &c. ( meant of dr. smith , the popish bishop of calcedon , as is conceived ) iun. 25. mr. fr. windebanke my old friend was 〈◊〉 secretary of state , which place i obtained for him of my gracious master king charles : what an arch-papist and conspiratour he was , the plot relates , and his flight into france * for releasing papists and iesuits out of prison from executions for debts by his owne warrants , and imprisoning those officers who apprehended them ) confirmes . about this time dr. theodor price , subdean of westminster , a man very intimate with the archbishop , and recommended specially to the king by him to be a welsh bishop ( in opposition to the earle of pembroke , and his chaptain griffith williams , now an irish prelate ; ) soon after died a reconciled papist , and received extream● vnction from a priest : noscitur ex comite . august 30. 1634. he hath this memoriall . saturday at oatelands the queen sent for me , and gave 〈◊〉 thanks for a businesse with which she trusted me ; her promise then , that she would be my friend , and that i should have immediate addresse to her , when i had ●ccasion . all which considered , together with his chaplaines licencing divers popish bookes , with their ●xpunging most passages against popery out of bookes brought to the presse , and other particulars commonly knowne , will give a true character of his temper , that 〈◊〉 is another ca●●ander , or middle man betweene an absolute papist , and a reall protestant , who will far sooner hug a popish priest in his bosome , then take ● puritan by the little finger ; an absolute papist in all matters of ceremony , pompe , and externall worship , ( in which he was over● zealous , even to an open bitter persecution of all consci●●tious ministers , who made scruple of them ) if not halfe an one at least , in doctrinall 〈◊〉 . how far he was guilty of a conditionall voting the breaking up the last parliament before this was called , and for what end it was summoned ; this other memoriall under his owne hand will attest , dec. 5 1639. thursday , the king declared his resolution for a parliament , in case of the scottish rebellion : the first movers to it were my l. deputy of ireland ▪ my lord marquesse hamilton , and my selfe : and a resolution voted at the board to assist the king in extraordinary wayes , if the parliament should prove peevish and refuse , &c. but of him sufficient , till his charge ( now in preparation , and since transmitted to the lords ) shall come in . observations on , and from the relation of this plot . ffom the relation of the former plot by so good a hand , our own three realms , and a●● forraigne protestant states may receive full satisfaction . first , that there hath been a most cunning , strong , execrable conspiracie long since contrived at rome , and for divers yeeres together most vigorously pursued in england with all industry , policy , subtilty , engines , by many active , potent confederates of all sorts , all sexes , to undermine the protestant religion , re-establish popery , and alter the very frame of civill government in all the kings dominions ; wherein a most dangerous visible progresse hath been lately made . secondly , that to effect this traiterous designe , they have not onely secretly erected some monasteries of monkes , nunnes , in and about london ; but sent over hither whole regiments of most active subtill iesuits , incorporated into a particular new society , whereof the pope himselfe is head , and cardinall barbarino his vicar : which society was first discovered , and some of them apprehended in th●ir private colledge at clerken-well ( together with their bookes of account reliques , and massing trinket● ) about the beginning of the second parliament of this king ; yet such power , favour , friends , they had then acquired , that their persons were speedily and most indirectly released out of newgate without any prosecution , to prevent that parliaments proceedings against them , which examined this abuse , and illegall release . since which , this conjured society increasing in strength and number , secretly replanted themselves in queens-street and long-acre , and their purses are now so strong , their hopes so elevated , their designes so ripened , as they have there purchased , founded a new magnificent colledge of their owne for their habitation , neere the fairest buildings of nobles , knights , and gentlemen , the more commodiously to seduce them . thirdly , that these iesuits and conspirators hold weekely , constant , uninterrupted intelligence with the pope and romish cardinals ; and have many spies or intelligence● of all sorts about the king , court , city , noblemen , ladies , gentlemen of quality , and in all quarters of the kingdome , to promote this their damnable plot. fourthly , that the pope for divers late yeeres hath had a known avowed legat , c●● by name , openly residing even in london , neere the court , of purpose to reduce the king and his kingdoms to the obedience of the church of rome ; and the queen at least , another legor at rome trading with the pope , to facilitate the designe , to wit , one hamilton a scot , who receives a pension out of the exchequer , granted to another protestant of that name , who payeth it over unto him , to palliate the businesse from the peoples knowledge ; by which meanes there hath been a constant allowed neg●tiation held between rome and england , without any open interruption . 5. that the popes legate came over into england to effect this project , and kept ●is residence here in london , for the better prosecution thereof by the kings own● privity and consent . and whereas by * the ancient law and custome of the real●e ●et in force , even in times of popery , no legat whatsoever coming from rome . ought to ●rosse the seas , or land in england , or any the kings dominions , without the kings own petition , calling and request to the pope , and before hee had taken a ●olemne oath or pr●te●station , to bring and attempt nothing in word or deed , to the prejudice of the rights , priviledges , laws and customs of the king and realm . this legat , for ought appears , was here admitted without any such cautionary oath , which would have crossed the chiefe end of his legation , which was , to prejudice all men , and our religion too . yea , whereas by * the statutes of the realm , it is made no lesse then high treason for any priests , iesuits , or others , receiving orders or authority from the pope of rome , to set footing in england , or any the kings dominions , to seduce any of his subjects to popery : and popish recusants ( much lesse then priests , jesuits , & legats ) ought not to remain within ten miles of the city of london , nor come yet into the king or princes courts , the better to avoid such trayterous and most dangerous conspirators , treasons , and attempts as are daily divised and practised by them against the king and common-weal . yet notwithstanding , this popes legate , and his confederates , have not only kept redence for divers yeeres , in or neer london and the court , and enjoyed free liberty ( without disturbance , or any prosecution of the lawes against them ) to seduce his majesties nobles , courtiers , servants , subjects every where , to their griefe and prejudice ; but likewise had familiar accesse to , and conference with , the king himselfe , ( under the name , notion , authority of the popes legat ) by all arts , policies , argument to pervert and draw him , with his three kingdomes , into a new subjection to the sea of rome , as * cardinall pool , the last popes legat extant in england before this , in queen maries raigne , reconciled her and the realm to rome , to their intolerable preiudice . an act so inconsistent with the laws of the realm , with his majesties many ancient and late remonstrances , oathes , protestations , to maintaine the protestant religion , without giving way to any back-sliding to popery , in such sort as it was maintained and professed in the purest times of q. elizabeth , &c. as may well amaze the world , which ever lookes more at reall actions , then verball protestations . 6. that the popish party & conspirators , have lately usurped a soveraign power , not only about the lawes and magistrates of the realm ( which take no hold of papists , but by the parliaments late care against them here ) but even over the king himself ; who either cannot , or dares not ( for feare , perchance , of poysoning , or other assassination ) oppose or banish these horrid conspirators from his dominions & court , but hath a long time permitted them ( by vertue of his marriage articles , ) to prosecute this plot without any publike opposition or dislike , by whose powerfull authority and mediation , all persons may easily divine . alas ! what shal become of the poore sheepe , when the shepheard himself , not only neglects to chase and keep out these romish wolves , but permits them free accesse into , and harbor in the sheepfold , to assault , if not devour , not only his flock , but person too ? either saint * iohn was much mistaken in the character of a good shepheard , and prescribing this injunction against such seducers , * if there come any unto you , and bring not this doctrine , receive him not into your house , neither bid him god speed : for he that biddeth him god speed , is partaker of his evill de●ds ▪ and the * fathers , the canonists deceived in this maxime , qui non prohibet malum quod potest , jubet : or else the premises cannot be tolerated or defended by any who professe themselves enemies or opposites to the pope , priests , or church of rome ; or true defend●rs of the protestant reformed religion . 7. that these conspirators are so potent , as to remove from court and publiqu● offices , all such as dare strenuously oppose their plots , ( as the example of secretary cooke , with other officers lately removed in ireland , the articles of pacificatio● there lately made with the rebels , evidence ) and plant others of their owne party and confederacie , both in his majesties court , privie councell , closet , bedchamber if not bed , and about the prince , to corrupt them : and how those that are th● invironed with so many industrious potent seducers of all sorts , who have so many snares to intrap , so many enticements to withdraw them , both in their beds , bed-chambers , closets , councels , courts , where ever they goe or come , should possibl● continue long untainted , unseduced , without an omnipotent protection ( of which none can be assured , who permits or connives at such dangerous temptations ) is ● thing scarce credible in divine or humane reason , if * adams , * solomons , and other apostacies by such means , be duly pondered . he who sailes in the midst of dangerous rocks , may justly feare , and expect a * wracke . 8. that the late scottish troubles , wars , were both plotted and raised by thes● iesuiticall conspirators , of purpose to force the king to resort to them and thei● popish party for aid of men and money against the scots ; and by colour thereof to raise an army of their owne , to gaine the king into their power , and then to wi● or force him to what conditions they pleased ; who must at leastwise promise the● an universal toleration of their religion throughout his dominions , ere they woul● yeeld to assist him . and in case they conquer or prevaile , he must then come ful●ly over to their party , or else be sent packing by them with a poysoned fig to another world , as his father ( they say ) was ; ( its likely by their instruments or procurement , they are so conusant of it , though it might not be examined when complaine● of in open parliament by the commons , but the assembly rather dissolved , then 〈◊〉 death discussed ) and then the prince , yet young , and well inclined to them already b● his education , will soon be made an obedient son of the church of rome . thus th● relator , a chiefe actor in this pre-plotted treason , discovers . and if his single test●mony ( though out of an wounded conscience ) will not be believed alone , the ensuing circumstances will abundantly manifest , the scottish wars to be plotted and directed by them ; for con the popes legate , hamilton the queenes agent , mo●● of the iesuites then about london , captain read their host , the lord sterling chamberlaine , cardinall richelleiu his agent , with other chiefe actors in the plot● being all scots , and imploying of maxfield , and he two other active popish sco● lards , in raising these tumults ; the earle of arundel ( another principall member of this conspiracie , being by their procurement made generall of the firs● army against the scots , and most of his commanders papists ; the papists in a● counties of england ( upon the queens letters directed to them ) contributin● large summes of money , besides men , armes and horses to maintaine this wa● ( for which master squire of shoreditch highly commended them in the pulpi● as the kings best subjects : see master whites first century of scandalous priest● p. 25 ) sir toby matthew ( the most industrious conspirator , in the packe ) makin● a voyage with the lord deputy into ireland , to stir up the papists there to contr●bute men , armes , money , to subdue the scottish covenanters ; yea , marquesse hamiltons own chaplain ( imployed as the kings comissioner to appease these scots ) holding correspondency with con , and resorting to him in private , to impart the secrets of that businesse to him , the generall discontent of the papists and conspirators upon the first pacification of those troubles , which they soon after infringed , and by new large contributions raised a second army against the scots , when the english parliament refused to grant subsidies to maintaine the war. all these concurring circumstances compared with the relation , will ratifie it without dispute , that this war first sprung from these conspirators . 9. that the subsequent present rebellion in ireland , and wars in england , originally issued from , and were plotted by the same conspirators . for the scottish war producing this setled parliament beyond the conspirators expectation , which they foresaw would prove fatall to this their long agitated conspiracie , if it continued undissolved ; thereupon some popish irish commissioners comming over into england , and confederating with the dutchesse of buckingham , captaine read ( now a prisoner in the tower , and taken in the field in actuall rebellion in ireland ) and other of these conspirators , who afterwards departed secretly into ireland , they plotted an universall rebellion , surprisall and massacre of all the protestants in that kingdome : which , though in part prevented by a timely discoverie , which secured dublin , and some few places else ; yet it tooke generall effect in all other parts , to the losse of above an hundred and fourtie thousand protestants lives , there massacred by them . and finding themselves likely to be overcome there by the parliaments forces sent hence , and from scotland , to relieve the protestant party ; thereupon to worke a diversion , they raised a civill bloody war against the parliament here in england , procuring the king ( after endymion porter , a principall conspirator in the plot , had gained the custody of the great seale of england ) to issue out divers proclamations under the great seale , proclaming the parliament themselves traytors and rebells , yea to grant commissions to irish and english papists ( contrary to his former proclamations ) to raise popish forces both at home and in forraigne parts for his defence , as his trustiest and most loyall subjects ; to send letters and commissions of favour to the irist rebels , and hinder all supplies from hence to the protestant party . and withall , they procured the queene , by the earle of antrim● and dutchesse of buckinghams mediation , to send ammunition to the irist rebels , and to attempt to raise an insurrection in scotland too , as the declaration of the rise and progresse of the rebellion in ireland , more largely discovers : since which , his majesty hath condescended to articles of pacification with these rebels contrary to an act of parliament , and both houses consents ( wherein they are declared his majesties good * catholike subiects of ireland , and no rebels at all ) and hath sent for many thousands of them into england to massacre the protestant english here , and fight against the parliament , as they did in ireland heretofore . seeing then all may clearely discerne the exact prosecution of this plot carried on in all these wars by the conspirators therein particularly nominated ; by the queen and popish partie in all three kingdomes , and by papists in forraign parts ( who have largely contributed men , money , armes , ammunition , to accomplish this grand designe , through the instigation of those conspirators in this plot , who are gone beyond the seas ) and have lately caused publike proclamations to be made in bridges , and other parts of flaunders , in ●uly last , ( as appeares by the examination of henry maye , since seconded by others , that all people who will now give any money to maintain the roman catholikes in england , should have it re-payd them againe in a yeeres time , with many thanks ; ) the whole world must of necessity , both see and acknowledge ( unlesse they will renounce their ownn eyes and reason ) that this conspiracy and plot , is no feigned imposture , but a most reall perspicuous agitated treachery , now driven on almost to its perfection , the full accomplishment whereof ( unlesse heaven prevent it ) the catholikes of england expect within the circuit of one yeere , as the forenamed proclamations intimate . 10. that no setled peace was ever formerly intended , nor can now be futurely expected in england or ireland , without an universall publike toleration ( at the least ) of popery , and a repeale and suspention of all lawes against it ; this being the very condition in the plot which the king must condescend to , ere the papists would ingage themselves to assist him in these warres thus raised by them , for this end : and that none may doubt this verity ; the late most insolent bold demands of the irish rebels in the treaty with them , the most favourable articles of pacification granted to them , the present suspention of all lawes against priests and recusants in all counties under his majesties power ; the uncontrolled multitudes ▪ of masses in his armies , quarters , wales , the north , and elsewhere ; the open boasts of papists every where , the introducing of thousands of irish rebels , and other fugitives , to extirpate the protestant religion , most really proclaime it : and if the king , after all their many yeeres restlesse labour , plots , costs , paines , and pretended fidelity to his cause against the parliament , should deny these merit-mongers , such a diminutive reward as this is , ( the very least they will expect ▪ ) now they have him , the prince and duke , within their custody , bristol , chester , ireland , wales , most of the westerne parts , and all his forces in their power , this discoverer ( an eye and ●are-witnesse of destinie from the legates owne vaunt , will informe his majesty and all his protestant subjects ( who will tremble at the very apprehension of it ) that they have an indian poysoned nut reserved for him amongst this iesuiticall societie ; or if it be lost , a poysoned knife perchance , or some other instrument , to dispatch him out of the world , and so to get the possession , protection of the prince , whom they will educate in their antichristian religion ; which how possible , how probable it is for them ( considering their present power and indeavours to effect it , their * poysoning of the emperor , henry the seventh , in the sacred host ; of king iohn in the chalice ; their * stabbing of henry the third of france with a k●ife in the belly ; of henry the fourth his successor , first in the mouth , next in the heart-strings ; though all of their owne religion , because they would not humour the pope in every unreasonable demand , ( though henry the fourth turned an apostate from the protestant religion wherein hee was bred , restored the iesuites formerly banished out of france , rased the pillar erected in paris , as a●standing monument of their treasons against their soveraignes , and built them a stately colledge , to secure his life from their ass●ssination , which yet would not save him from their butchery : ) together with their pistolling of the prince of * orange , and poysoning of * king iames himself ( as the legate boasted ) may informe his majestie , and all his faithfull protestant subjects , ( especially such as by their confederating with them in these their wars , have done nought , but executed , advanced their fore-named designes , whom it concernes now very neerly to prevent , if possible , such a sad catastrophe of that bloodie tragedie , which hath been acted overlong in ireland & england by these conspirators fore-plotted treasons . the execrable horridnesse and reality whereof , made the very discoverer of the plot , out of remorse of conscience , to desert the conspirators , conspiracie , and that bloody religion which begot it ; and therfore should much more incite all such in his majesties army , who are cordially faithfull to their soveraigne , religion , countrey , posterity , and have hitherto ignorantly acted these conspirators treasonable designes , under colour of serving the king ; to consider with remorse of conscience , whose instruments they have thus long been , whose treasons they have ripened , what protestant blood they have shed , how much they have weakened , impoverished , betrayed their own protestant party , who have really stood for god , religion , king , countrey , parliament , against these romish conspirators ; and what hopes , what advantages they have given these confederates , both in england and ireland , to overtop , suppresse , and ere long , utterly to extirpate the protestant religion , themselves , and all other cordially pro●essing it , as they have done many thousands of them already . and then upon all these sad , most serious considerations ( the very thoughts whereof should cause their soules to bleed and tremble ) speedily to desert these trayterous papists , ere they get all into their power , and unite all their heads , hearts , hands , forces to the parliaments party , who had so good cause to take up defensive arms , to prevent the imminent ruine , which otherwise is like to befall both king , kingdome , religion , parliament , liberty , property , posterity , ere we be aware ; especially , since the most cowardly unworthy yeelding up of bristoll , a fit inlet for the maligant welch papists , irish rebels , ( who have conspire to come over hither with all expedition , and are lately landed here in great multitudes since the pacification made with them ) to cut all our throats . 11. that those protestants who now side with popish conspirators , when they have accomplished their designes , whatsoever they may now fancy to themselves , shall find no more mercy or favour from them , then the greatest roundheads , if they comply not with them in all things , and even in popery it selfe ; for if they will not spare the kings own person and life , after so many favours , graces extended to them , ( as they will not , if we believe this relation , or the late story of king henry the fourth of france , yet fresh in memory ) what inferiour person can think to be secure , to fare better then the king himselfe ? and if con the legate , to insinuate himselfe into the kings and palatines favours at the fi●st , when he had no interest in them , would not so much as advi●e the legat of colen , to mediate for the palsgrave , lest peradventure the king of spaine should report , that the pope had patronized an here●●●all prince , as the rela●ion attests , though he promised the king effectually to do it ; how can prince rupert , maurice , ( or any other commanders ) in the kings army , when they have fully accomplished the popes , and these his instruments designes ( under whose banner they ignorantly , yet really militate and promote his cause , in steed of the kings and kingdomes , to whom they and theirs have been so much ingaged ) hope to receive the least dram of favour , pity , muchlesse any recompence from the pope and popish party , if they continue hereticks still , notwithstanding all their present goodly promises ? will they ( think● you ) part with any other inheritances to them , then , who will not so much as now mediate for them to regaine their own ? will these who have butchered so many thousands of innocent protestants in ireland , in england , even before they were sure of the day , without any provocation given ; spare any mothers sonne of them alive , if they once erect their trophees over them ? certainly the experience of all former ages compared with the present , may fully resolve all , that the very * tender mercies of these wicked ones , will be nought but extreme cruelty ; and if they prevaile , wee all must perish without distinction sooner or later , unlesse wee will turne apostates , and lose our religion , god , heaven , soules , to save our transitory lives . finally , therefore , let the serious consideration of all the premises instruct us , to learne wisdome from these our adversaries ; let their indefatigable industry , subtill policy , sincere fidelity , cheerfull constancy , bountifull liberality , fraternall unanimity , undaunted magnanimity , indissolvable confederacy , and uninterrupted pertinacie in prosecuting , establishing , propagating their antichristian religion , treasons , designes , excite all protestants ( according to their severall late covenants and protestations much forgotten ) to equalize , if not transcend them in all these , in defending , securing , propagating our true christian religion , protecting our king , kingdomes , parliament , lawes , liberties , posterity , all we yet have , or hereafter hope for , from that imminent ruine , which these popish conspirators threaten to them . fore-warned fore-armed ; if now we perish through our owne private dissentions , folly , cowardize , covetousnesse , trechery , security , or monstrous credulity , that these conspirators and papists now in armes , fight onely for the king , and establishment of the protestant religion , as it was in queen elizabeths dayes , ( against whom they plotted so many treasons , even for her very religion , and also the powder-plot since , against king iames , and the whole parliament , ) our blood shall rest upon our owne heads , who would not take timely notice of our incumbent dangers , nor suddenly prevent them whiles we might . yo have read before in the plot it selfe , what an active instrument captaine read was , in promoting this conspiracie of the iesuites ; and how he was intrusted with the dispatch and delivery of all their letters and packets of intelligence , and his house the ordinary randevouze where they weekely met ; yet see what a protection this desperate traytor obtained from his maiesty , to secure him against all apprehensions and prosecutions to advance this designe , recorded in the clerke of the peace hi● book for middlesex in open sessions , for his greater immunity , and in the crowne office. by the king. vvhereas we have received good testimony of the loyalty and duty of our trusty and welbeloved captaine , iohn read ; and because he may be subject to the penalty of the lawes for recusancie . these are to signifie , that we are graciously pl●ased to extend our speciall grace towards him : and doe hereby will command , that no inditement , presentment , information , or suit in our name , or in the name of any other , be henceforth commenced , prosecuted , or accepted against him , by any of our officers or subjects whatsoever , for or concerning recusancie : and if any such shall happen , then our will and pleasure is , that upon sight hereof the same shall be discharged and made voyd , or otherwise not prejudiciall to him . given under our signet at our court at theobals the 13. day of iuly , in the 10 th . yeere of our raigne . to all and singular our iudges of assize , iustices of peace , maiors , sheriffes , clerkes of assize and peace , bayliffes , constables , informers , and all other our officers and ministers , whom it doth , or may concerne , and to every of them . the examination of henry mayo . who saith , that on thursday last , being the twentieth of iuly , one thousand six hundred forty three , he being at bridges in flanders , heard proclamation made in dutch , ( who understands it very well ) that all people within that city , that would goe to the governours house , and give any money to maintaine the romane catholiques in england , they should have their money re-paid them againe in a yeeres time , with many thanks . henry mayo . this examination was taken before us , edward boyce . john boyce . george trotter . finis . notes, typically marginal, from the original text notes for div a56199-e290 * psal. 31. 12. psal. 88. 4 , 5. a rom. 11. 33. b dan. 2. 22 , 23. notes for div a56199-e1090 ● c●r . 13. 8. a see the acts of the general assembly of the ●ebels at ●ilkenny , anno 164● . printed at ●ondon marc● 6. 1643. t●e myste●y of lniquity , p. 32. 33. &c. b the 48 week ending decem , ● . p. 681. 685. notes for div a56199-e3390 * if a stranger were thus affected at the hearing of this plot , how should we our selves be sensible thereof ? notes for div a56199-e3850 * the je●uits pl●ts are never ended till they obtaine their desired ends in all things . * the pope and cardin●ll 〈◊〉 his majesty and the realme may be soone betrayed by such false attendants . notes for div a56199-e4430 i beseech your majesty read these letters a● they are endorsed by figures , 1 , 2 , 3 , &c. ye had reason so to doe . it is an unanswerable dilemma . i c●ncur totally with you in opinion , assuring you that no body doth , or shall know of this businesse , and to shew my care to conceale it , i received this but this afternoon , and now i make this dispatch before i sleepe . herewith i send his warrant , as you advise , which indeed i judge to bee the better way . i like your answer extreame well , and doe promise not to deceive your confidence , nor make you break your word . i have sent all back . i thinke these apostyles will bee warrant enough for you to proceed , especially when i expressly command you to doe so . in this i am as far from condemning your judgement as suspecting your fidelitie . c. r. * the kings hand and date . * the archbishops postscript notes for div a56199-e4920 * a very good argument of truth and reality . * therefore a man of note and imployment . notes for div a56199-e5160 * jesuites know well how to equivocate thus . * if popes must not favour pro●●stant princes , it s a miracle that they should favor them , or harbour any of their agents now neer them . * the papacy of cant. and this other world is of greater value then an italian cardinalship . * the quality of the discovere● & meane● inducing him to reveale this plot . * the popes nuncio then in england . four sorts of jesuits . * a good caveat to nobles & gentlemen to beware they entertaine not a jesuit or romish spie in their houses in stead of a servant . * we had need look about , when so many active traytors are harboured among us , even perchance at this present , therfore both kindoms need look to themselves . strange that such a society should be erected under the defender of the faith . a strange world when a popes legate shall be openly harboured so neere the king and court , and have fr●e●ccesse to both without controule . if the king truly hate the pope , it will make his instruments lesse effectuall , if they come in his name . popes instruments are ever very active . strange it was that the chiefe men should not set themselves against him & his , to send thē packing hence ; especially that the king himselfe did it not when he thus tempted & assaulted him . that a popes legat should be so familiar with the king , and the king make much of him in steed of banishing him , is a riddle . * the archb. therefore , & he , had some familiarity , and acquaintance at first . * this offer appears under the archbishops own hand in the journall of his life . but he kept not him from the court. jesuites are both diligent and able to remove their greatest opposites at court from out of place and favour too . * it is admirable this faction should be so powerfully predominant as to displace the greatest and faithfullest officers . iesuites wil be sure to move hell , when they cannot prevail with heaven . jesuites cannot indure neuters . if a man may be saved in any religiō , he may safely imbrace any and cleave close to none . * the bishops ty●●nny against puritans the best advantage , and greatest advancement of popes designes . * he means the scottish prayer book ; the alterations whereof frō the english , were found in the originall copy , under the archbishops own hand , whē his chamber was searched . the jesuits love to fish when the bishops trouble the streames with their innovations and popish ceremonies ▪ the iesuits the plotters & chief directors of the scotish war. * the king tied to conditions by papists befor they aided him * now practised in oxford , wales , and the northern parts , by open toleration . * the more shame & pity , and a caveat for the parliament henceforth to look to it . * the king thē must needs be in great danger amongst papists now . * jesuites make but a vaunt of poysoning kings . * the jesuites it seems know very well king iames was poysoned , belike by some of their instruments : * it seems some noblemens chaplains are but the popes and jesuites intelligencers , if not their confederates . all forraigne popish states contribute their best assistance to reduce england to rome . * a meet guerdon for such a service . * jesuites will not give over acting , till they accomplish their designes . bishops sons oftentimes the popes greatest agents . his industrious activity should shame our slothfulnesse . the protestants want of such mutuall correspondency , and intelligence is a great weakning to their cause . let them learn wisedome by their enemies . * a fit place for their intelligence and correspondency with ireland , lying in the midst between both . the jesuites now make good use of all nations and instruments . * o that such romish seducers should obtaine such power and rewards for being seducing instruments . the jesuites it seems are very powerfull at court. the popes weekly intelligence at rome , from hence , can produce no good to england . jesuites know how to conceal thei● names and lodgings ▪ there are more popish chappels in and about london , then are commonly known . jesuites can counterfeit any habit , or part , to delude the vulgar . papists large contributions to undermine our religion , should make us liberall to defend it . jesuites are as wise as serpents though not so innocent as doves . the jesuits learne of the serpent to seduce men by small instruments to their ruine . her voyage to rome to visit the pope , made her frequently to visit his legat . the countesse belike was his forerunner thither . no wonder the earls debts be so great . a school of nunnes . is not the king in great danger who hath such a person in his bed-chamber , now keeper of the great seal ? both king and prince have iesuiticall agents in their bed-chambers . all businesses and imployments must be set aside to promote this plot . a iesuiticall secretary , his flight and articles in parliament , confirme all this and more . papists spare no cost . the other conspirators names . a ●●●cover for such a dish . it seemes their purses were strong , & their hopes great . his maiesty perchance hath learnt to write characters from him , as appeares by some of his late intercepted letters . a good 〈◊〉 for england now . notes for div a56199-e8770 * this must needs be the legat , or one imployed from him . * page 171. * conference with fisher , neere the end . * see the generall hist. of france in the life of h. 3. & 4. * see the english pope . * with which his speech in star-chamber agrees , there it is , hoc est corpus m●um , &c. * to elevate the hos●ia , as papists do● . * see the articles against him in parliament . notes for div a56199-e10040 * antiq. eccles. brit. p. 322. ead. lib. 1. and fox acts and mon. vol. 1. edit . ult . p. 926. * 23. eliz. c. 1. 35. eliz. c. 1. 3. iac. c. 3. 4 , 5. * see 1. & 2. phil. & mary , c. 8. see the royall popish favorite . * ioh. 10. 10. 11 , 12 , 13. * 2 ioh. 10. 11. * gratian caus . 23. * gen. 3. * 1 king ▪ 11. * qui amat periculum peribit in 〈◊〉 . * so are th● shrewesbury printed copies . see the royall popish favorite , where it is largely proved . * grimston in his life . * fox , speed , generall hist. of france . in hen. 3. & 4. * meteran●s ▪ grimston . * see doctor eggl●shams booke , and the commons charge against the duke of buckingham . * 〈◊〉 . 12 , 10. certaine quæres propounded to the bowers at the name of iesvs and to the patrons thereof. wherein the authorities, and reasons alleadged by bishop andrewes and his followers, in defence of this ceremony, are briefly examined and refuted; the mistranslation of phil. 2.10.11. cleared, and that tet, with others acquitted both from commanding or authorizing this novell ceremony, here gived to be unlawfull in sundry respects. prynne, william, 1600-1669. 1636 approx. 127 kb of xml-encoded text transcribed from 26 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a10179 stc 20456 estc s103164 99838921 99838921 3312 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a10179) transcribed from: (early english books online ; image set 3312) images scanned from microfilm: (early english books, 1475-1640 ; 1214:12) certaine quæres propounded to the bowers at the name of iesvs and to the patrons thereof. wherein the authorities, and reasons alleadged by bishop andrewes and his followers, in defence of this ceremony, are briefly examined and refuted; the mistranslation of phil. 2.10.11. cleared, and that tet, with others acquitted both from commanding or authorizing this novell ceremony, here gived to be unlawfull in sundry respects. prynne, william, 1600-1669. the fourth edition corrected. [6], 41, [1] p. j.f. stam], [amsterdam : in the yeare m.dc.xxxvi [1636] by william prynne. place of publication and printer's name from stc. reproduction of the original in the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng andrewes, lancelot -early works to 1800. church of england -customs and practices -early works to 1800. posture in worship -early works to 1800. 2002-03 tcp assigned for keying and markup 2002-03 spi global keyed and coded from proquest page images 2002-04 tcp staff (michigan) sampled and proofread 2002-04 olivia bottum text and markup reviewed and edited 2002-05 pfs batch review (qc) and xml conversion certaine qvaeres propounded to the bowers at the name of iesvs and to the patrons thereof . wherein the authorities , and reasons alleadged by bishop andrewes and his followers , in defence of this ceremony , are briefly examined and refuted ; the mistranslation of phil. 2.10.11 . cleared , and that text , with others acquitted both from commanding or authorizing this novell ceremony , here gived to be unlawfull in sundry respects . colossians . 2.8 . beware lest any man spoyle you through philosophie and vaine deceit , after the tradition of men , after the rudiments of the world , and not after christ : mathew : 15.9 . but in vaine doe they worship me , teaching for doctrines the commandements of men . isaiah . 1.12 . when ye come to appeare before me , who hath required this at your hand ? brentius in levit. c. 17. hypocritae observantes sacra sine verbo dei instituta , tunc pessimi sunt , hoc est , peccatores & homicidae , cum sibi optimi & religiosissimi videntur . the fourth edition corrected . in the yeare m.dc.xxxvi . the publisher to the reader . christian reader , the strang violent late proceedings , both of our high commissions in their commission courts , and of our bishops and their visitors in their unwarrantable visitations , upon canons oathes and articles of their owne forging , printed on their owne names , without any commission at all from his majesty under his great seale , ( contrary to the statutes of 25. h. 8. c. 19.21.26 . h. 8. c. 1.31 . h. c. 26.37 . h. 8. c. 17.1 . ed. 6. c. 2.1 . eliz. c. 1.2.5 . eliz. c. 1.8 . eliz. c. 1.13 . eliz : c. 12. with other statutes and to their owne 12. canon . ) yea contrary to the statute of magna charta c. 19. and the late petition of right , now layd a sleepe ; ) hath occasioned me to sett forth another impression of these quaeres , wherein all the whole controversie concerning the bowing of the name of iesus in time of divine service and sermon , , is summarily discussed ; which quaeres i would desire our commissioners , bishops and visitors to resolve and answer in a satisfactory manner ( which yet they have not done , ) before they violently without law , reason , or lawfull authority , silence , suspend , present , excommunicate , fine , deprive , or imprison any of their fellow-brethren , or vex any of his majesty subjects ; ( as they have of late molested many ) either for omitting , or speaking against this ceremony . it is the duty of all good prelates , first to instruct and informe mens consciences and judgment with the * spirit of meeknesse , in such ceremonies which they have good cause to deeme unlawfull for them to use , before they urge them with violence to the practice of them , or rigidly proceed against them in judgment for omitting them . this they have not hitherto sufficiently done , in case of this much urged ceremony , pressing it only by club-law , without reason or moderation . let them therefore now satisfie these , their weake brethrens quaeres , if they can ; or else cease to molest them , or urge this ceremony longer , if they cannot doe it ; since their great guide bishop andrewes , though in other things famous for his learning and iudgement ; is doubles miserablie mistaken in this particular , and can noe longer patronize either his owne , or this their cause , as these quaeres will demonstrate , having so oft times passed abrode in print without resolution . vale. a preface . for the better clearing of this ceremony to be no duty of this text of phil. 2.10.11 . be pleased in briefe to take notice of these foure particulars : first , what the fathers ( whom * mr. page confesseth not to bee for this ceremony ) generally interpret to be the name above every name mentioned in this text . very many of thē interpret it to be nothing else , but the very name of god , and deity of christ it selfe . so tertullian de trinitate . lib. tom. 2. p. 261.262 , athanasius de incarnatione christi contr. apollinarium . p. 271. c. hilary in psa. 2. p. 196 h ambrose , rabanus maurus , & iohn salisburie on phil. 2.9 , 10. dionysius alexandrinus epist. contr. paulum samosatenum bibl. patr. tom. 3. p. 74.75 . titus bostrensis in cap. 1. evang. lucae . ibid. tom. 4. p. 339. e. idacius advers . varimadum . lib. ibid. p. 622. a. caesarij dialog . 1. p. 650. basilius magnus de spiritu sancto ad amphil. c. 8. tom. 1. p. 180. cyrillus alexandrinus in esayam l. 5. tom. 1. p. 362. e.f. in ioannis evang. l. 11. c. 17. p. 666. c. 20. p. 669. a. c. 22. p. 670. d.e. thesauri . l. 13. tom. 2. p. 270. e.f. agobardus ad ludovicum imp. bibl. patrum . tom. 9. pars 1. p. 556. g. h. paschatius ratbertus in matth. evan. lib. 10. ibid. pars 2. p. 1156. b. c. lib. 11. p. 1177. b. exposit. in psal. 44. p. 1249. g. ioannis cyperis . de inform. divini nominis . cap. 11. ibid. tom. 11. p. 499. e. paulus aquiliensis patr. cont. felicem vrgelium epist. l. 2. aquinas 3 * part . qu. 49. art. 6. conclusio . alexander alensis theol. summa . pars 1. qu. 21. m. 1. artic. 4. together with chytraeus postil . in domin . palmarum . pag. 160 , zanchius in phil. 2.9 , 10. and other moderne expositors . other fathers and writers interpret it , to be the name of the onely naturall begotten sonne of god. thus hierom , theodoret , sedulius , remigius , beda , haymo , theophylact , anselme , and oecumenius on phil. 2.10 , 11. basil de spirit . sancto . c. 8 , tom. 1. p. 180. augustine contr maximinum , l. 2. c. 2. sancti procli sermo in transfig . christi . bibl. patr. tom. 1. pars 1. p. 536. c. etherij & beati . l. 1. ibid. tom. 8. p. 342. musculus , aretius , zanchius , with other late expositors . others interpret this name to bee nothing else , but the glory , fame , lordship , soveraignty , and universal dominion and majesty of christ. so chrysostom & theodoret , in phil , 2. petrus blesensis serm. 46. bibl. patr. tom. 11. pars 1. p. 210. c. and others of old . olevian , musculus , gualther , marlorat , dr. ayray , bishop babington , and the whole streame of moderne interpriters . others refer this text to his name christ , as paschatius ratbertus exposit. in psal. 44. pag. 1246. g. paulinus epist. ad augustinū , bibl. patr. tom 5. pars 1. p. 210. e secondly , what they meane by bowing the knee . not any actuall bowing of the knee in this life , at the sound , sight , or hearing of the name iesus ; but a vniversall subjection of all creatures to the soveraigne lordship , judicature and supreme power of christ , especially at the day of judgement , when this text shall be onely actually , litterally , and really fulfilled . this all the fathers and writers quoted in the appendix , lame giles , and premises , and all the authors extant that i have seene , accord to bee the genuine , true , undoubted meaning . bishop andrewes , dr. boyes , and mr. page himselfe confessing it . thirdly , to what this bowing must be given by the fathers verdict : not to the name iesus , but immediately to christ himselfe . hence hierom com. l. 3. in isayam 45. gregory nyssen de anima & resurrect . disp . p. 104.212 . ambros. enar. in psal. 118. octon . 20. hilari de trinitate lib. p. 64. chrysost. hom. 32. in 1 cor. 12. fulgentius object . arrianorum discus . pag. 204. cyrillus alexandrinus de incarnatione vnigeniti . c. 11.26 . hypolitus de consummat . mundi & antichristo . orat. bibl. patr. tom. 3 p. 17. b. dionysius alexandrinus . contr. paulū samosatenum . ib. p. 74. b. prosper exposit. in ps. 102. f. 236. a. paulinus epist. ad apiū . bibl. patr. tom. 5. pars 2. p. 187. b. sancti procli sermo in transfig . christi , ibid. p. 335. e. arnobius com. in psa. 64. bibl. patr. pars 3. p. 262. a. agobardus ad lud. imper. ibi. tom. 9. pars 1. p. 556. g. angelomi strom. in l. regum . 2. c. 12. p. 740 , e. damascen orthodoxae fidei . l. 3. c. 29. p. 433. c. simeon thess. archiepiscopi de divino templo bibl. patr. tom. 12. pars 1. p. 880. c. petrus blesensis de transfig . dom ibid. pars 2. p. 915. b. nicholaus cabasila de vita in christo. l. 6 , ibid. tom. 14. p. 127. papa innocentius 5. in circumcis . dom. sermo . tom. 1. p. 95. de contemptu mundi . l. 2. c. 15. p. 445. with brentius in phil. 2. 9.10 . and sundry others joyntly render and read this text ; mihi , ipsi , ei , illi , or coram illo flectotur omne genu , &c. not in nomine , or ad nomen iesu : to testifie , that this bowing of the knee in the text shall be given , not to , or at the name iesus ; but to the very person of christ himselfe . so isay 45.23 . & rom. 14.9.10 , 11. expresly resolve . as i live saith the lord , every knee shall bow to me , and every tongue shall confesse to god. no colour therefore is there in this text for bowing at , or to the name iesus , but onely to iesus himselfe , when we shall all joyntly appeare before his tribunall . the rather , because b st. cyril of alexandria , reads it thus . vt in nomine iesu christi omne genu se flectat , coupling christ and iesus together , and making one as much the name in the text as the other . the c councell of franckford upon the mane under adrian the first , reads it thus . cessate cum adoptiuum nominare , qui verus deus . et verus dei filius ; in cujus nomine omne genu flectitur , &c. d dionysius alexandrinus epist. contr. paulum samos . reads it thus . vt in nomine ejus omne genu flectatur . arnobius can. in psal. 88. thus . ego primogenitum , ponam eum , ut in nomine ejus omne genu flectatur . e angelomus in his strom. in l. 3. regum c. 8. thus . christo enimpropter gloriosae meritum passionis datum est nomen quod est super omne nomen : ut in nomine ejus omne genu flectatur , &c. f paschatius ratbertus in matth l. 11. thus : et donavit illi nomen quod est super omne nomen , ut in nomine domini , omne genu flectetur , &c. all which antiquities overthrow this bowing at the name iesus . fourthly , when and where this bowing shall be . hypolitus de consummat . mundi orat. g ephraim syrus de apparit . crucis temp . iudicij p. 230. & 703. h gregentius archiepisc. tephensis disp. cum herbano iudaeo . i simeon thes. arch. de divino templo . isiodor hisp. com. in gen. c. 30. p. 301. in direct termes , to omit all others . bp. alley , bp. babington , dr. fulke , dr. willet , dr. boyes , dr. ayray , in their places hereafter cited , and the whole current of expositors , expresly conclude , that it shall bee onely in the generall day of iudgement , for time ; before christs tribunall , for place , when and where all things in heaven , earth , and under the earth shall stand before his iudgement seate , and there cast themselves downe joyntly before him , confessing him with one consent to be their soveraigne lord , and calling him their lord . this l mr. page himselfe , and all our antagonists doe and must confesse to be the time and place of this genuflection , prophecied of rather than prescribed , or now commanded in this text : since isay 45.23 . rom. 14.9 , 10 , 11. matth. 7.21 , 22 , 23. cap. 25.31 , 32 , 33 , 34 , 37 , 41 , 44 , 46. revel . 5.13 , 14 , 15. cap. 7.11 , 12. iohn 5.22 , 23 , 27 , 28 , 29. acts 2.34.36 . cap. 10.36 . and other texts in the 1. and 7. quaere thus determine it , past all dispute . hence then i thus argue . if the name above every name , in which all knees must bow , mentioned in this text of phil. 2.10.11 . bee not the name iesus ; the bowing of the knee , no litterall actuall present genus●ection , but only the generall subjection of all creatures in heaven , earth , & under the earth to ●he very person of christ as their lord , not to or at his name iesus ; and that at the generall day of iudgement before christs owne tribunall , not in time of divine service or sermons here on earth ; then this bowing at the name iesus , neither is nor can be m a duty warranted , much lesse prescribed by this text . but all this is apparant by the premised fathers and authorities . therefore the conclusion undeniable , maugre all the late ridiculous pamphlets and passages to the contrary , of widdowes , shelford , page , heylyn , wr●n , re●ve , moun●ague , pocklington , browne , reede , adams , a coale from the altar , bishop white , or any other , who babble and scribble much in the iesuits and papists words , but prove nothing at all by scripture or antiquity for this ceremonies use or lawfulnesse , or new duty of the text , now so much urged every where , point-blank against iohn 5.23 . that all men should honour the sonne , even as ●hey honour the father . but no men honour the father thus in bowing at the recitall of his name . therefore they ought not thus to honour the sonne . courteous r●ader , that the aut●or without whose privity these and other impressions have beene published may not suffer by mine or the printers negligence , pray correct these following errors which corrupt the sence , ere thou read the treatise . in the title , 1 , 9. f gived , r. proued . p. 1. l. 16. f. mat 20. r. 25 p. 2 l. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . l. 14. an interrogation point is wanting before ; whether . l. 19. counted , r. corrupted . l. 22. contemne , r. confirme . p. 3. l. 23. as it is not , r● as it ? if not● p. 4. l. ● . that of , &c. r. yet it is . l. 22. as , r or . p. 5. l 13. the● r. they . p● 8. l. 3. clichtouius . l. 21. alcuvinus . p , 9. l. 30. added , r. adored . p 10. l. 29. worship , r. worshipping . l. 21. romish , r. rhemist● . p. 11. l. 19. r. it can . l. 33● r. person . p. 12. l. 3. they , r. th● . p. 13. l. 31. hath , r. had . p. 14. l. 10. blot out , that reverence to him . l. 28. person , r. reason . pag 16. l. 31. statutes , r. stationes . pag● 17. l. 4. use , r. used . l. 27. r. of a. p. 19. l. 35. certi●ie , r. justifi●● pag. 20. l. 28● r● altar-wise . p. 23. l. 24. r. this statute . p. 25. l. 19. blot out since . l. 21. them . r. her. p. 28. l. 2. of , r● at . p. 30. l. 15. at , r● ad . pag. 36. l. thing , r. church . pag. 37. l. 7. 4. r. 1. l 15. matth. 28. p. 39. l. 19.3 . r. 31. pag. 40 l. 16 here , r. where● p. 41. l. 6. the , r● thi● to it to . in the margin , p. 4 l. ●3 . r. phil. p. 10. l. 12. vshers . p. 21. l● 6. har. 28. p. 16. l. 40. r. turonense . l. 4. r. pro. l● 42. r. cent. cir●a orationem . pag. 18. l. 7. inferred , r. referred . p. 20. l. 40. r. molanus . l. 41. r. horae , &c. hist. l. 40. r. secundum usum sarum . p. 21. l. 39. r. spec. f. brige , r. being . p. 24. l. blot out 3. hen●● 2. c. iurisdiction● pag. 38. l. 38. curvab●tur . l. 40. r. con●itebitur . p. 39. l 20. r● inimici● l. 34. simeon . omission . pag. 24. l. 8. r. bonnet at the naming of iesus . certaine qvaeres propounded to the bowers at the name of iesvs , and to the patrons thereof . whether the text of the phil. 2.9.10.11 . on which they grounde this ceremony , or will-worship , bee not in the judgment of all divines both auncient and moderne , a prophesy of the joynt subjection of all angells , saynts , divells , and reprobates to the supreame lordship and dominion of christ ; not now in the church , in time of divine service and sermons , but hereafter , when they shall all appeare before christs tribunall , to be judged by him ; taken out of that prophesy of isay. 45. 23. as i live saith the lord every knee shall bowe to me &c. and expresly interpreted of and applyed to the day of iudgment by s. paule himselfe . rom. 14.9.10.11 . by s. iohn . revel . 5. n. 12.13.14 . chap. 7.11.12 . iohn . 5.22 , 23 , 27 , 28 , 29. and by christ himselfe math. 20.5 , 31 , 32 , 33 , 34 , 37 , 41 , 44 , 46. and chap. 7.21 , 22 , 23. and whether this be a good inference ? all knees of things in heaven , earth , and under the earth , shall submitte and bow to christ before his tribunall in the day of iudgment , as to their supreame lord and iudge : therefore all men and women ought now to bow their knees , or put of their hatts when ever they heare the name iesus mentioned in the church in time of divine service and sermon , the sole argument that can properly be deducted from this text to justify this practice ? whether , the originall be not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in , ( not at ) the name of iesus ; and this phrase thus englished and translated in all other places of the bible ? whether all the greeke and latine fathers whatsoever doe not thus render it ; in ( not at ) the name , and all english translations too ; ( as wickliffs , purvi●s , tyndalls , coverdalls , mathewes , the bishops bible , sett forth in the 2. yeare of queene elizabeth , used in all churches during her raigne , and since , till the last tran●lation 1614. erasmus paraphrase , all our ancient english writers , and the common prayer booke it selfe , in the epistle on palme sunday till m. cozens corrupted it in the yeare 16●9 . by turning in into at , without any lawfull authority and causing it to bee since so printed , ) except the geneva translation only which mistaking m. b●za ( whom the translator followed ) rendred his ad nomen , to the name , at ●he name whether the last engl●sh translation ( which the translators themselves rendred , in the name according to the originall , and all former authorized english translations , but the geneva , which (a) king iames condemned as the worst of all , and enjoyned the translators not to followe ) was not counted by * bishop andrewes ( as some on good grounds report ) who without their privity altered in into at the name , when the coppy was fitted for the presse of purpose to contemne this ceremony for which he had preached : else it had bene printed in ( not at ) the name , as the translators truly englished it and as the same phrase is ever translated by them (b) in all other places throughout the bible ; which had over●throwen this his pretended duty of the text : whether this translation of at , for i● the name , doth not marre both the s●nce and english of the text , and make it no sence ? if any man should translate , i beleeve in god ; i beleeve at god : our father which art in heaven ; our father which art at heaven : whatsoever you shall aske in my name . whatsoever you shall aske at my name : i baptize thee in the name of the father , sonne and holy ghost , i baptize thee at the name of the father &c. goe to god in my name , goe to god at my name : in the name of the lord i will destroye them , at the name of the lord i will destroy them : pray to god in the name of christ , pray to god at the name of christ : mary kept all these sayings in her hart , shee kept all these sayings at her hart , and the like ; it would marr both the english and sence , and prove no better then non sence . and doth it not the like here ; there being noe such phrase as ( at the name ) to be founde in any other text of scripture or any english author but in this place alone ? the changinge of which in , into at here making the bowing in the name ( to witt ) in the soverraigne lordship and power of christ ) to be nothing else , but a bowing at the naming of iesus in time of divine service or sermons , contrary to the scope of this place . how the name iesus , imposed on our saviours humanity only at his circumcision and not given to his deitie , but to his humane nature , in the very beginninge of his humiliation math. 1.21 , 25. c. 2. 1. luke 1.31 . c. 2. 21. acts 4.27 . cann truly be said , to be the name above every name , given him after his resurrection and exaltation , as the name in this text of the philippians was ? and to be the true , cheefe , yea proper name of god and of christs divinity , as the patrons of this ceremony affirme ; and how this they say can be proved ? whether the name saviour ( which is given to god himselfe . psal. 106.21 . isay 43. 11. chap. 45.15.22 . ier. 14.8 . hosea 13.4 . ) be the very same with iesus , and as venerable , as comfortable , yea as much the name of god as it is not : as is most evident , they differing in words , in use in all languages , the one being a christen name imposed at his circumcision the other a title or surname ; and both if them oft coupled together in scripture , as in these texts : a * saviour which is iesus , iesus our saviour &c. which were a tautologia being one and the same . then why doe the * patrons of this ceremony make them one and the same ; the one of them ( to wit ) the name of saviour , being attributed to god the father as well as to christ , the other onely to christ not to god the father , who was never called iesus , but * often saviour ? if so , then why doe they not teach , that men ought to bow at the name of saviour aswell as at the name of iesus ? the rather , because saviour , ( though it be not the same that iesus is in letters sound , or use , the one being as we say , a christen name , the other , not properly a name , but a ti●le , or purchased surname , though this bishop confounds them as one ; ) that of it is the sence and interpretation of the name iesus , m●●h . 1.21 . and themselves write and preach , (c) that men must not bow to the letters , sounde , nor sillabes of the name iesus , but to the sence only , which is saviour , to which , at which by this their doctrine , they should rather bow then to , or at iesus . whether (d) bishop andrewes reason , that we must bow at the name of iesus because it is the name of god , and because saviour ( as he saith ) is the cheefest name of god ; doth not more strongly infer , that we should rather bow at the name of god and saviour , than at the name iesus ? that we should bow at every name of god alike ? at the name of the father , sonne , holy ghost , emmanuel , sonne of god , christ , iehovah , elohim , adonai . ( which we commonly english , the lord , ) being all * reverend , excellent , great , holy , and dreadfull names aswell as at the name iesus , since all of them are the names of god ? whether this proposition can be proved either by scriptur or reason ( which they take as granted , ) that we must bow the knee at the utteringe or hearinge of that name which is the name of god ? ( the antecedent or proposition on which the bishops first argument or reason is grounded : ) which proposition if it be true , will overturne the bowing at this name iesus ; which is not properly the name of god as of christs deity , because divers who were but meere men had it imposed on them before christ , and it was given to christ principally not as he was god , but man upon his nativity and circumcision math. 1.21.25 . chap. 2.1 . luke 1.31 . chap. 2.31 . acts 4.27 ? whether since jesus is not , cannot be a iesus or saviour to angels in heaven , or (e) divels in hell , whose nature he tooke not on him , heb. 2.16 . nor yet to reprobates in hell or earth , who are not saved by him , but yet a lord & supreame iudge over them all , math. 28.18 . acts 10.36 . chap. 2.34 , 36. luke 8.31 , 32 , 33. heb. 1.6 . iude. 6. 2. peter : 2.4 . rom. 14.9 , 10 , 11 , 12. revel . 5.10 , 11 , 12 , 13 , 14. chap. 7.9 , 10 , 11 , 12. ephes. 1.20 , 21 , 22. ) his name ( lord ) be not more likely , to be the name above every name given to him upon his exaltation , in which every knee shall bow , intended in this text then iesus : lord being the name given to christ upon his exaltation , as purchased by his death and resurrection . rom. 14.6 , 8 , 9 , 10 , 11. acts. 2.34 , 36. chap 10.36 . math. 28.18 . ephes. 1.20 , 21 , 22. the name which every tounge shall confesse and call christ by at last in the day of iudgment , ( as the very text itselfe resolves in the words ) every ●oung shall confesse that iesus christ is lord , phil. 2.11 . yea as christ himselfe determines , math. 7.21.22 . not every one that sayth unto me , lord , lord , shall ent●r into the kingdome of heaven , &c. many will say unto me in that day lord , lord , math. 25.31 , 37 , 44 , 45. when the sonne of man shall come in his glory , and all the holy angels with him ; then shall he si●t upon the throne of his glory &c. then shall the righteouse on the right hand answere him saying , lord &c. then shall the on the left hande answere him and say , lord when saw we thee an hungred &c. the name that is used isay. 45.23.24.25 . rom. 14.11 . as i live sayth the lord , ( not iesus ) every knee shall bow to me , and every tounge shall confesse to god : ( the originall text to which that of the philippians referrs ) the name by which christ is called with reference to the day of iudgment . 2. cor. 5.11 . rom. 14.11 . heb. 10.30 . 2. petr. 3.8 , 9 , 10. iude. 14. revel . 18.8 . chap. 19.1.6 . yea the name of his greatest dignity supremacy and terror , hee being called , kinge of kinges , and lord of lords , in respect of dominion and iudicature , as by a name given him since his exaltion . 1. tim. 6.14 , 15. revel . 17.14 . chap. 19.19 . whether this name lord ( i say ) in all these respects extending equally to all things in heaven , earth and under the earth be not the name above every name here meant , rather then his name iesus ; he being in truth a lord , but yet noe iesus , no saviour to angels , divels , and reprobates , who therefore cannot , will not , shall not , bow unto him as their iesus , but only as their lord ? math. 7.21.22 . c. 25.31.37.44 . isay. 45.23.24 . rom. 14.9.10.11 . whether this bowinge at the name of iesus ( being a dutie of the text only in time of divine service or sermons , as the (f) patrons of it af●irme ) can be in any probability the bowinge intended in the text ; since there are noe common prayers or sermons at all , for certaine in hell , or under the earth , noe nor yet in the greatest parte of the earth , which neither knowe nor worship iesus ; nor yet in heaven , where there are noe sermons or common prayers , but only (g) blessings , prayses , and thanksgivings unto god and christ. now that bowing which this text speakes of , is such a bowinge as is common to all , both in heaven , earth , and under the earth ; a bowinge which they may , and shall all equally and jointly performe ; therefore noe bowinge at the naminge of i●sus in the time of divine service and sermons , which they want ; and therefore cannot use , neither shall or can they ever actually performe ? how iesus can be truly called a (h) proper and peculiar name given to christ alone , when as we reade of divers others in scripture that were called iesus besides christ. as iesus the sonne of nunn , and iesus surnamed iustus . acts. 7.45 . coll. 4.11 . heb. 4.8 . iesus the sonne of syrack , iesus the high preist , bar iesus● acts. 13.6 . &c. or how can christ be truly stilled , a common name , since none was ever called christ * substantively and abstractively or messias , but hee alone ? and none ever annoynted with the deitie and holy ghost and that to be both a kinge , preist and prophet to his church , but hee ? psal. 45.7 . acts. 4.27 . chap. 10.38 . isai. 61.1 . whether this be not a notorious paradoxe and falshood , (i) that that thinge that name which is proper , is ever better then that which is common ? since all accorde , that the common good , of the republick and weale of the whole catholike church , is better and to bee preferred , before any mans proper or private good and wellfare ? since the kinge himselfe , with all the greate officers of the state , the prelates and ministers of the church , are better , more honorable , and more to be respected , ( as they are publicke persons and officers ) then as they are private men ; and since it will hereupon necessarily ensue , that the very essence of the d●itie and name of god , ( which are common to each of the three persons in the trinitie , as we learne in athanasius creede ) should be worser then , inferior to the personall subsistence and names of each person in the trinity , which are proper and incommunicable one to the other , where as the essence and name of the deitie are common to each three persons : which were heresie and blasphemy to affirme , yea the (k) very heresie of nestorious condemned in the councell of ephesus : whether it be not (l) heresie to say , that christ is not god , nor the name christ the name of god ? it beeing directly contrary to rom. 9.5 . christ , who is over all , god blessed for ever , amen . to athanasius his creede , and the second article of religion of the church of england , which say , that god and man is one christ : contrary to the doctrine of (m) all orthodox fathers and writers against the a●●i●ns , who unanimously averre , (n) ; that christ is god ; yea contrary to titus 2. 13. lookinge for that blessed hope , and the glorious appearinge of the greate god and our saviour iesus christ ? where christ is not only called god , but the greate god : and to the booke o● * common prayer , which injoines us thus to pray : christ have mercie upon us : o christ heare us : from our enemies defend us o christ , &c. and to say , thou only o christ , with the holy ghost , art most high in the glory of god the father : all which passages , expresly resolve christ to be god , and the name of god , else we should not thus pray unto him as god. whether this be not a falshood , (o) that god cannot be annointed , as annointing signifies a designation to an office ; since christ * both as he is god and man , was designed to be a saviour ; and since we reade thus of christs annointinge , psal. 45.7 . therefore god , thy god , hath annointed thee , with the oyle of gladnesse aboue thy fellowes : which the fathers thus interpret , (p) o god the sonne , thy god ( to witt ) god the father hath annointed thee with the oyle of gladnesse , ( to witt ) with the holy ghost . acts. 10.38 . heb. 1.8.9 . ) whence s. augustine , beda , paschatius , ra●ber●us , with sundry others on the 44. ( our 45. ) psalme write thus : d●us ungitur a deo &c. god is annointed by god , god the sonne , by god the father , with god the holy ghost : and whether this be not an error , that christ is not the name of god nor of our saviours divinity but of his humanity only ? where as iren●us advers . heres . l. 3. c. 20. athanasius in his declaration , quod christus sit verus d●us , that christ is true god. p. 377. ( therefore this name of christ , the name of god ) nazianzen in his 5. oration p. 167. b. with elias cretensis on that place ; damascen orthodoxae fidei l. 3. c. 3. p. 365. with clichtonius in his commentary on that place p. 366. and aquinas 3. parte quaest 16. art. 5. quaest. 17. art. 1. expressly resolve ; that christ is called christ , in respect of his divinity ; that christ is the name both of his divinity and humanity , in which are expressed and comprized both his divinity annointing , and his humanity annointed ; and that he could not be called christ , if he were only man ; this name beinge predicated of both his natures , and given to him in respect of both ? if this proposition be true , (q) that iesus is the proper name of god , and that god cannot be annointed , and so christ not the name of god , as bishop andrewes argues : how can this agree with acts. 4.27 . thy holy childe iesus whom thou hast annointed , &c. and acts. 10.38 . how god annointed iesus of nazareth with the holy ghost and with power ? or with that of tertullian ( to omitt other fathers ) adversus prazean : p. 709. siue iesus tantummodo positum est , intelligitur & christus , quia iesus unctus est : sive solummodo christus , idem est & iesus , quia unctus est iesus ? either iesus therefore must not be the proper name of god , but the name only of christs humanity , as (r) beda , (s) anselme , (t) alcuninus & (u) aquinas teach us , who say ; that , iesus est proprium nomen assump●ae carnis ; iesus is the proper name of christs assumed humanity . and , hoc nomen iesus signi●icat solam naturam humanam , this name iesus signifies only the humane nature ; and so by the bishops owne doctrine , we must not bow unto it , because it is not the name of god , or christs divinity , but of his humanity only as these fathers teach ; or else this proposition ( god cannot be annointed ) must be false , because these two texts expressly say , that iesus as iesus , was annointed ; and themselves confesse , (x) that iesus as iesus is god , and so god may be annointed , and then christ will prove the name of god aswell as iesus , notwithstanding the bishops reason , and be therefore of right to be bowed unto , aswell as it , by the bishops owne arguinge , if it be solid . whether that text of acts. 4.12 . ( neither is there salvation in any other , for there is none other name under heaven given among men w●ereby we must be saved , ) be meant of the name iesus ; as if men were saved by it alone , or only of the pe●son of christ , as the 10.11 . verses , and the very first words ( neither is there salvation in any other ) with the contents of our bibles , that by the same i●sus only we must be eternally saved ; and all o●●hodox int●●preters expounde it ? if of the name iesus only , (y) as the patrons of this ceremony glosse it ; how then can they be excused from blasphemy , in attributing our salvation unto the bare name of iesus , which we receive only from his person and merits , which make him a saviour , and purchased him the title of jesus ? matth. 1.21 . acts. 13.23 . or how will it follow hence ; there is noe other name under heaven whereby we must be saved , but the name iesus , ( though ) not expressed in the text , e●go we must bow a● , and to this name , as oft as we heare it mentioned in the church ? if of the person only [ as is most true ] why then doe they abuse this text [ yea that place in ps. 95.6 . o come let u● worship and fall downe and kneel before the lord our maker ; not iesus or saviour being writen long before our saviours nativity , or the name iesus was given him , and so not meant of it ] in applying it meerely to the name iesus , to cause simple people to adore it , when as it speakes of the person only ? if the name of iesus be thus to , be bowed to and at ; why then bow they not to it when they see it written , printed , carved , paynted or ingraven , as well as when they heare it ? why bow they not at the sight thereof , as well as at the sounde ? why not out of the church , as well as in the church ? since * salmeron the iesuite teacheth them ; that this name whether it be pronounced with the mouth , or heard , with the eare , or where ever it is written , painted , or ingraven , is worthy divine worship , not for the bare word , wri●ing or picture it selfe , but for the signification of it , as the crosse , and image of christ , are deservedly added with the worship of lat●ia for the type and mystery represented in and by them ? yea why bow and reverence they not it rather when they heare men dishonour and prosane it by cursing , swearinge , blaspheminge , when it is most contemned , vilified , abused , and so needes most honour and respect , then when it is only religiously and reverently used and uttered in the church , without any irreverence , contempt or dishonour offered to it ? and if bowing at the name iesus in the church , be a meanes to keepe men from swearinge by it , ( as some pretende ) then the bowinge at it , when men sweare should much more doe it ; (z) yea then men should rather bow at the name of god than iesus , since that name is more abused by swearinge , and cursing then iesus . whether these words of bishop andrewes and others , he is exalted to whose person knees doe bow ; but he to whose name only much more ; his person is taken out of our sight , all that we can doe will not reach unto it ; but his name he hath left behinde to us , that we may sh●we by our reverence and respect to it , how much we esteeme him ; be not contrary to math. 28.20 . loe i am with you allwayes even to the ende of the world ? to gal. 2.20 . and ephes. 3.17 . where christ is said to live and dwell in us ? to the * bishops owne words , who there immediately saith , that his body and soule , and these not without his deitie are really present in the sacrament : and so his person ; and that iesus is the proper and & cheefe name of his deitie , which is ever present with us and not taken from us ? whether they be not a meere idolizing of the very name iesus , and a confining of this bowing only to his name , not person ? whether this speech and caution of his , ( (a) doe it to the sence , have minde of him that is named , and doe his name the honour and spare not , ) be not a meere idolatrous popish passage , (b) borrowed by him from the patrons of image and bread worship ? whether papists may not as lawfully adore and bow to images , crucifixes , the hoste and the like , as they or we may doe to the name of iesus , with this distinction and caution , borrowed from them by the bishops , and by them from the pagans , in defence of their idolls relative worship , and adoring of the image , with a reference and eye to the person whom it represents ? and what difference is there betweene worship the name , and the crosse , host , crucifix or image of iesus , which the (c) romish and other papists make the same ? and conjoine together as one both in reason and verity . whether this text of philippians 2.10 , 11. doth not couple the bowinge of the knee , and confession of the tounge ( that iesus christ is lord , ) together , as duties equally to be performed at the same time , and not to be dissevered ? if so , ( as is most certaine , ) whether must not our bowers every time they bow their knees , heads , bodies , or stirre their caps at the naminge of iesus , confesse likewise , ad cry out aloude with their tounges , that iesus christ is lord ? since the text thus conjoines and requires them both alike ; or else are they not infringers of this text and precept , for neglecting it ? whether bowinge at the name of i●sus only , not of saviour , christ , emanuel , sonne of god , kinge of kings , lord of lords , god , with other names and titles of christ , doth not seeme to reviue the heresie of (d) cer●nthus , that iesus and christ are two distinct persons and essences ? that iesus is better then christ , yea then saviour , then emanuel , then sonne of god , kinge of kings , lord of lords , god &c. that he is more honorable , worshipfull , and reverent as he is iesus , and when he is so stiled ; then as he is god , and when he is so called ; or then when he is termed saviour , christ , emanuel , sonne of god , lord , kinge , and the like ? and whether learned doctor whitaker in his answer to william r●ynolds the rhemists notes on phil. 2.10 , 11. p. 398 , 399. writes not that the bowinge at the name of iesus only , and not at the name of christ , may ingender a more dangerous error then any can remooue , to witt , tha● iesus is better then christ ; which is wicked to imagine ? whether bowinge at the name of iesus only , not at the name of the father , or holy ghost , ( to (e) testifie iesus to be god , and the name of god ; ) doth not make a kinde of disparity betweene the three sacred persons of the trinitie , (f) who are coaeternall together and coaequall ; in givinge more honour , reverence , adoration , to the one , then to the other ; and imply , the father and holy ghost not to be god , or so much god , not to be so venerable , so honorable as iesus , because their persons and names are not so much bowed to , and adored as his ? if three persons of equall dignity should be made the kings viceroy , in any of his dominions , and all men should bow to , cappe and honour the persons , and name of the one when ever it were mentioned , but neglect to doe it when the other two are named ; would not this intimate , one of them to be more honorable , or of greater authority then the other two ? and is not this case the same ? when ministers and people shall all capp and bende the knee , as soone as ever they heare the sounde of the name iesus , but not so much as stirre either cap or knee , when they names of god the father and holy ghost are mentioned with it , even in the same breath and sentence almost , as they are in the apostles and athanasius creede , and in the ordinary blessing at the end of divine service and sermons , wherewith the people are usually dismissed . when men shall repeate , i beleeve in god the father allmighty maker of heaven and earth ; without any great reverence or bowinge of the knee ; and then pronounce the next words , and in iesus christ our lord , with a stentorian voice , bowinge both the body and knee very superstitiously ( i should say devoutly , ) as soone as ever the word iesus , is uttered , before christ our lord be pronounced , out of their greate reverence and respect to this name iesus , ( which they here preferre before god the father allmighty and christ our lord , ) and then shall proceed to , i beleeve in the holy ghost ; and utter that without any such ceremony or solemnity ; or when they shall pronounce , the grace of our lord iesus christ , with much solemnity , cappinge and genuflection when iesus , ( not lord and christ ) are pronounced ; and then shall slightly passe over , the love of god the father , and the comfortable fellowship of god the holy ghost , without any such ceremony or incurvation . what man in his right sences must not of necessity acknowledge , that the very name iesus , is more honoured , reverenced and adored , then either the names , or persons of god the father , or god the holy ghost , that more adoration is rendred to the second , then to the first , or third person of the trinity , and a greate disparity made betweene them ? if iewes or infidells should come into our churches , and observe this difference and disparity , would they not forthwith conclude , that we had no other god but iesus ? that the father and holy ghost were not esteemed of us to be god ? or at least , made not so greate and honorable a god , as the sonne ? and that christ and iesus , were not one and the same person , the one being thus bowed to , not the other ? yes verily . we reade in (g) the booke of martyrs , that the bishops and commissioners , appointed by queene mary to dispute with cranmer , latymer , and ridley at oxford , when ever they named , or heard the name of the pope , put of their capps thereto , ( as men now doe at the naminge of iesus , ) which these 3. godly martyrs would by no meanes doe , but when god , christ , or the queene were mentioned , they used no such reverence to their names : did not these commissioners then ( in our martyrs judgments ) preferre the person , the name of their (h) lord god the pope , before the persons , the names both of god himselfe , of christ ; of the holy ghost , at leastwise of the queene ? and thereby signifie that the pope was more honorable and far greater then the queene , or any other earthly potentate , whose name could not challenge or commande the like reverence and cappinge from them ? yea doubtlesse . if three men were sittinge together , and those who passe by , put of their hats to one of them , not to the other two ; doth not this make an inequallity betweene them advancinge the one that is thus capped or bowed too above his fellowes ? certainely it doth : i finde in the * booke of martyrs p. 1699. that when archbishop cranmer was convented before the popes & queenes commissionors in s. maries church in oxford ; he putting of his cap , and humblie bowing his knee to the ground , made reverence to the queenes proctors and commissioners , who represented her person , but beholding bishop brookes in the face , who was the popes delegate and represented his person , he put on his cap againe , making no manner of token of obedience towards him at all . whereat the bishop being * offended , saith unto him , that it might become him right well ( weiginge the honor , veneration and authority he did represent , ) to doe his dutie unto him . whereunto doctor cranmer answered , that he hath once taken a solemne oath , never to consent to the admitting of the bishop of romes authority into this realme of england againe , and that he had done it advisedly ; and therefore would commit nothing , either by signe or token , which might winne his consent to the receivinge of the same : and that he did it not for any contempt to the bishops person , which he could have bene content to have honored as well as any of the other , if his commission had come from as good an authority as theirs : this answered he modestly , wisely , and patiently with his cap on his head , not once bowinge or makinge any reverence to him that reverence to him that represented the popes person , which was wonderously of the people marked : if this archbishops puttinge off his cap and , bowinge his knee to the one and not to the other to the queenes commissioners only not the popes . did here in his owne , the commissioner , and all the peoples judgment : make a great disparity betweene the power and iurisdiction of the one and other , and preferre the one of them before the other : must not , doth not the bowinge and cappinge at the name only of iesus , not of god the father , and god the holy ghost , uttered alltogether , or severally , doe the like ? noe doubt it doth . (i) bishop andrewes , and other of our bowers at the name , of iesus , teach us in expresse termes , that the name iesus is in this more honorable then all other titles of christ , and exalted ahove them all , because men must only bow their knees and vayle their cappes to it , but not to any other of his titles : if therefore their bowinge at the name of iesus , makes a disparity betweene it and all other names of his , preferring it far aboue them all ; must it not likewise make an inequallity and disparity betweene the names and persons of the trinity too , by the selfesame person , and advaunce iesus above the father , and the holy ghost , at whose names they never bow or stir their capps . wherefore this bowinge to , at , and cappinge at the name iesus only , must needs make , and imply an inequallity betweene the 3. persons of the trinity , as m. cartwright largely proveth in his answere to the rhemis●s annotations on phil. 2.9 , 10.11 . therefore it is neither to be practised nor endured among christians , who beleeve the (h) pari●ie and equallitie of the trinitie both in essence , internall and externall , honor , adoration , and veneration to . whether , if bishop andrewes doctrine ( warranted by no scripture ) be true in this particular ; (i) that we must bow at the name of iesus , not of christ , because the end is better then the meanes ; and the end for which christ was annointed , better then his unction itselfe ; it will not hence followe ; that the humanity of christ , being annointed by his divinity , and the holy ghost ; and the salvation of us men , the end for which christ was annointed ; are much better then his divinity , and (k) the holy ghost himselfe , the ointment and meanes annointing his humanity and enabling him to be a saviour ? and whether the playne meaninge of his proposition be not this in substance ; that the humanity of christ is better then his divinity , or the holy ghosts deitie ? and the salvation of man the end , better then the deitie and humanitie of christ , the meanes of mans salvation ? which is no lesse then blasphemy to affirme . what (l) father , or ancient writer for aboue 1250. yeares after christ , commenting on this text , makes iesus , the name aboue every name principally meant and intended in this text , and not rather the names god and lord ? or that makes this ceremony of bowing or cappinge at every naminge of iesus in time of divine service , or sermons in the church , the bowinge spoken of in this text ? and what are their words to this purpose ? or whether it be not an undoubted truth , that no father or writer for 1200. yeares after christ and more , made any such interpretation of these words , or mention of any such ceremony used in the church , which certainly used it not till above 1150 yeares after christ , and so deemed it not a duty of the text , or necessary ceremony . what father , ecclesiasticall historian , or writer for 1500. yeares after christ , relates that this ceremony was taken up by the christians in the primitive church , to justifie , to testifie the eternall deitie of christ against the arrians , and other hereticks who denied it ? whether this ground of the originall use of this ceremony , be not a meere groundlesse forgery and fancye of some late writers , (m) voyde of all prooffe , authority , and not warranted by any antiquity ? and a●mittinge it true , whether doth it not cleerely demonstrate , that the primitive christians ( who by this argument used it not before arrianisme sprung ) with those who used it only on this ground , reputed it no duty prescribed by this text , because thus occasionally taken up to refell and discover arrians ? that they bowed as much at the name of christ , sonne of god , saviour , emanuel , and other names or titles of christ , as at his name iesus ; since the arrians denyed his deity , principally as he was christ ; ( this being their ordinary assertion confuted , condemned by the orthodox councells and fathers , (n) that christ was not god : ) and opposed his eternall deity when he was stiled by any of these names or titles , as much as when he was called iesus , or as he was a iesus ? that they bowed at the name of the holy ghost ; since as many , or more (o) hereticks denied his deitie , as denied christs ? and that this bowinge is now needelesse and superfluous for the present on this grounde , ( especially in our churches where none deny christs deity , as the arr●ans and the other auncient hereticks did ) and all pray unto him as god , even with bended knees and hartes , in our common liturgie , as christ , ( not iesus ) have mercie upon us , &c. testifieth . whether the christians in the primitive church for above 800. yeares after christ , used not alwayes to pray standing betweene easter and whitsuntide , and on every lords day throughout the yeare ; and de geniculis adorare , to adore standing● never using , but expressly prohibiting by sundry (p) councells , all to kneele , or bow their knees in time of prayer , sacraments , or sermons , in honour and memory of chris●s resurrection : and were not their meetings from hence termed , (q) stations , statutes , or standings , because they thus performed all their religious lordsday exercises , standinge ? if so , ( as all auncient , all moderne ecclesiasticall historians and write●s acknowledge ● ) then that assertion of (r) bishop andrewes and others is false ; that the primitive christians use to kneele at the sacrament , and to bow their knees when ever they offered , prayed , or heared the name of iesus mentioned in time of divine service or sermons , since betweene easter and whitsu●tide , and on every lords day , (s) ( the ordinary time of their publick assemblies ) they never used to bow their knees , no not so much as in prayer , in which it is * most proper , much lesse then at the sacrament , or name of iesus , at which we finde not in any antiquity , that they used to kneele or bow the knee , though they vsually did it in all their prayers and assemblies on the weeke dayes after whitsuntide : the only thinge the (t) bishops marginall authorities proove , though neither himselfe nor any one else may thence inferre , the primitive church and christians used in their weekeday meetings , after whitsunday , to pray kneelinge . ergo they used to kneele at the sacrament and bow their knees at the naminge of iesus in time of divine service and sermons , ( especially on the lordsday , whereon they never kneele ) it being a meere inconsequent . whether (u) s. hieroms words , quoted by bishop andrewes and others , mori● est e●im ecclesiastici christo genn flectere ; (x) it is an ecclesiasticall custome to pray kneelinge to christ , ( not ies●s ) be a convincinge authority to proove ; that the primitive christians used to bow at the name of iesus , not of christ , in the time of divine service and sermons , when as this text , speakes only a bowinge of the knee in prayer to christ ; not iesus ; not of a bowinge at the naminge of iesus ; which name is not so much as mentioned in this place of his ; and the bowinge here spoken of ascribed only to the person , not to the name of christ , muchlesse of iesus ? yet this is the antiquity they most relye on . or whe●her (y) s. cirylls words on isai. 45 , ( where there is not so much as any mention of the name iesus , (z) muchlesse of any bowinge at , or to it , but only a relation , that all nations shall be converted to god : ) or theodorets exposition on phil. 2.10 , 11. ( who makes the name of the begotten sonne of god , not iesus , the name above every name , intended in this text , which he proves out of heb. 1.4.5 . psal. 2.7.12 . ) or ambrose his words , ( the knee is flexible where with before the other members the offence of the lord is mittigated , anger appeased , grace provoked . for this is the guift of the highest father towards his sonne , that in the name ( in nomine ) of iesus , every knee * should be bowed , of things in heaven , earth , and under the earth ; and that every tounge should confesse , that the lord iesus is in the glory of god the father : for there are two thinges which above others appease god , humility , and faith , the foote therefore expresseth the affection of humility , and the obsequiousnesse of diligent service . ) which father readinge this text , in ( not at ) the name ; makinge the bowinge there expressed , to be subjection , humility , and service to christ , ( not any genuflexion at the naminge of iesus in time of divine service and sermons , of which there is not one sillable or any the least intimation in this passage : ) and defininge the name sonne in this place , ( if any name , ) not iesus ; and the name god in his commentary on this text , the name above every name , here intended : whether i say , can these impertinent authorities , ( the only places quoted by the (a) bishop and his followers , to justifie the antiquity of this ceremony , ) prove that the primitive church and christians used to bow at every mentioninge of the name iesus , in time of divine service and sermons ; or that this is a duty of the text ? when as they never so much as intimate any such thinge , and neither make the name iesus , the name , nor this kinde of bowinge , the bowinge here prescribed ? yet these are our greate learned mens best , yea sole authorities , on which they would founde this novell dutie , which doe in truth confound it . whether the (b) bishops and others reasons for bowinge at the name iesus , drawne only from the nature , letters , quality , or circumstances of the name , not of the person of iesus ; their bowinge and reverence given to the person of iesus , as they pretende , only in respect of his name iesus , at which , to which name of his they only bow , when , and because it is named ; not at other seasons , when his person , is as really , as fully , represented to them under other of his names and titles ; not to this his name in respect of his person ; ( which is of equall dignity , when ever represented under all , or any his names and titles ) together with the bendinge of their heads and bodies at every mention of the name iesus , in a more speciall and humble manner , even in the midst of their prayers , when they are allready prostrate on their knees to god and iesus , and their mindes immediately fixed upon both their persons ; be not on infallible demonstration , that they adore the name , more then the very person of iesus , or of god himselfe , and so make it a notorious idoll , since they bow thus unto his person , only in respect , and because of this his name ; since when as they are prostrate in prayer in the very higth of their devotion , and their mindes immediately fixed upon the person of god and iesus , they yet give a speciall congee , bendinge , and inclination of their heads and bodies , when the name iesus is but uttered ; and so reverence honour and adore it more , then either the very person of god or christ ? else what neede this new incuruation at the name , when as they are already devoutly prostrate on their knees to the person ? what warrant is therefore men to put off their hatts , or bow their heads and upper parts only at the naminge of iesus ? since this text precisely requires , the bowinge of the knee ( yea of both knees , because of every knee ? ) and mens capps , hatts , heads , bodies , are not their knees , nor yet enjoyned here to bow ? whether (c) popes with pop●sh councells , and writers , especially some late iesuites , who instile themselves thus from the name iesus , above one 1000. if not 1200. yeares after christ , were not the first broachers , inventors , and propagators , of this ceremonie , and that with charters and indulgences for many dayes sinnes , to such who should vouchsafe to use it ; of purpose to satisfie and countenance their worshippinge of images , crucifixes , the hoste , and other such parts of their romish idola●ry ? whether did not the church of england with other protestant churches ( by the (d) rhemists , stengelius , and other papists confessions , ) abolish it as superstitious ? (e) and whether have not our (f) owne , with (*) other protestant writers against the papists , condemned and written against it as no wayes grounded on this text ? whether the papists to drawe on the adoration of this name (g) have not made golden characters and images of it , yea instituted both a (*) solemne holy day of the name of iesus on the 7. of august , (h) and howers of the name iesus , with this collect or prayer , for all those who devoutly bow unto it . god who hast made the most glorious name of thy only begotten sonne iesus christ , to they faithfull ones the highest miracle with the affection of sweetnesse , and exceeding dreadfull , and terrible to wicked spirits , mercifullie grannt , that all those who devou●ly worship this name iesus in earth ( to wit , by bowinge at or to it , in ●ime of divine service or sermons , ) may partake of the sweetnesse of its holy consola●ion in this life , and in the worlde to come may obtaine the joy of endlesse exaltation and rejoycinge , by the same our lord iesus christ thy sonne ? and whether the present violent pressing and enforcing of this ceremony , which (i) mr. hooker , (k) doctor fulke and (l) doctor will●t , say , no man is , or ought to be forced or enjoyned to use , ) in the selfsame , yea in a farr more earnest manner then ever the papists urged it upon any , by fyninge , imprisoninge , suspendinge , deprivinge such ministers and others who refuse to use it , against all law , all iustice , the (m) statute of magna charta & petittion of right , tendes not only to the erectinge of popery , and bringinge in of bowinge to altars , images , the hoste , transu●●stantiation and masse , as late experience and the turning of communion tables to altars or altaringe , every where manifests ? whether bowinge at the name of iesus , be not divine worship and adoration , given immediately , either to the person or name of iesus , or to both ? if so ( as the (n) papists , the (o) bishop , and all those graunt , who make it a dutie of the text , ) whether it be not direct superstition and willworship , and so to be abandoned of us , since doubtlesse it is not enjoined or prescribed by this , or any other text of scripture ? and whether the misalleaginge and mistranslating of phil. 2.9 , 10 , 11. of purpose to justifie this ceremony , of bowing and capping at and to the name iesus , in time of divine service and sermons ; be not an expresse willfull perverting , corrupting , yea abusing of the scripture , ( and so a dangerous soule-condemning sinne . 2. pet. 3.16 . acts. 13.10 , 11. rev. 22.18 , 19. ) which every good christian is bounde in conscience , to * resist ? and the bowing at the very naming of iesus in the midst , or beginninge of a sentence read , or preached , before we heare , or knowe what followes , a rash inconsiderate disorderly ceremony or superstition , ( and so prohibited , 1. cor. 14.33 , 40. ) causing men oft times to neglect , or forget the sence of what is read unto them , to bow at the names of (p) iesus surnamed iosua , (q) iustus , and the like ; yea at the very name of (r) bar-iesus the sorcerer , to and at which mr. cozens , with many more at durham , most devoutly bowed , no lesse then twice in one day , one after another , ( such was their grosse supersticious dotage ; ) and confoundinge adoration , and the acte of outward worship and bowing , with hearing and reading of gods word , which are distinguished from it ? whether (s) bishop andrews words , ( the knee that will not bow at the name of iesus , shall he strucken with somewhat that it shall not be able to bow , and for the name , they that will doe no honor to it , by bowing to it , at it , when it is recited , when time of necessitie comes shall receive no comfort by it , ) be not a meere fabulous bug-beare and groundlesse commination , warranted by no scripture nor example ; much like that lyinge legend of ignatius the martyr ( registred in no auncient or approved author , but in some (t) late fabulous f●iers ) that iesus est amor meus , was founde written in golden characters in his hart , not in his knees ; which some now publish as an undoubted verity , to drawe on cappinge and bowinge to the name of iesus , at which none write , that this ignatius ever bowed , though he loved , aud honoured it as much as any , and so makes more against , then for these cringers . whether the emperor (u) constantine with other of his successor emperors , and their christian souldiers , did not engrave the name of christ in characters , both in their ensignes and helmets , to testifie , what honour and reverence they yeilded to this title of his , from whence they where stiled christians . acts. 11.16 . chap. 26.28 . 1. pet. 4.16 . ephes. 3.14 , 15. and did not every (x) citizen of antioch , when their citie was grievously shaken with an earthquake , write the name of christ over their doores , and so escaped ? vnusquisque civium christi nomen pro foribus inscribens , eo modo terrae motum dispulit , quum deus religioso cuidam homini oraculo haec verba inscribere foribus praecepisset , christus nobiscum , state : ) when as we reade of no such honour then given or drawne by them to the name iesus ? and doth not this inferre , that the emperors and christians in those times , gave as much reverence and honour to the name christ as iesus , if not farre more ? and so it ought now to be as much capped and bowed to as it , what ever the bishop objects against it ? whether calvin , marlorat , bishop alley , doctor whitaker , bishop babington , doctor fulk , doctor willet , doctor ayry , and other domestick divines in their (y) authorized workes , resolved not in expresse termes ; that the bowing at the name of iesus in time of divine service and sermons , is not a dutie either warranted by , grounded on , or commanded in this text ? that the sorbon sophisters , papists , iesuites , are more then ridiculous and absurd , who will inferre and prove this ceremony from it ? that it is an * absurd and idle consequent and nonsequitur , not deducible from it , the name iesus , being neither the name , nor this kinde of bowinge , the bowing intended in the text ? that those who used this ceremony make the name of iesus a kinde of magicall word , which hath all its efficacy included in the sounde ? if so , ( as they all doe ) then how absurd , ridiculous , superstitious , and magicall are those , who deduce such consequences from the text now ? whether this ceremony of bowinge at the name iesus in time of divine service or sermons , be enjoined , or prescribed in the booke of common prayer and administration of the sacraments , other rites and ceremonies of the church of england ? if not , ( which is most certaine ) whether those bishops and ministers , who use , or presse this ceremony upon others , or preach in defence of it , or any others not prescribed in that booke , contrary to the expresse statute of 1. eliz. c. 2. ( which enacts ; that no person , vicar , minister , or curate , shall use ; and no other person or persons enforce or perswade any of them to use any * other rite or ceremonie in saying of mattens , evensonge , or administringe the sacraments , then such as are prescribed in the booke of common prayer , ( before which this act is printed ) under paine of imprisonment , and o●her forfeitures ; ) have not thereby incurred the severall penalties mentioned in that statute ? and whether they are not more conformable to the lawes and established doctrine and discipline of the church of england , who refuse to use this ceremony , then all , or any of those , who thus enforce or practise it , contrary to the provision of statute , ( which inhibits it , ) the booke of common prayer , ( wherein all the ceremonies by law and parliament established in the church of england are comprised , so farre forth as concernes divine service , sacraments , and preachinge , ) together with our homilies , and articles of religion , not so much as mentioninge or requiringe it , and so in truth , exploding it by their silence ? obj. if any object , that the 18. canon enjoynes it , therefore it must be used . answ. i answere first , that the canon speakes not one word of bowinge or cappinge at the name jesus , but only saith , that when in time of divine service the lord iesus ( not the name iesus ) which is not the lord iesus , shall be mentioned , * due and lowly reverence ( not putting off the cap , since this canon enjoynes all to si●t uncovered in the church , ) sh●ll be ●one by all persons present , as h●th bene accustomed &c. the canon therefore speaking only of the lord iesus , not of the name iesus , and of due reverence ; that is such as god requires in his word ; not of bowing the knee , or vaylinge the bonnet , which god no where prescribes or requires as due to christ , makes nothing for this purpose . 2. the canon if it doth any thing , only adviseth it by way of direction , not simply commands it , as necessary to be obeyed . leavinge it (z) arbitrary to men to use , or not to use it , and prescribinge no penaltie to those who shall omitt it . whence archbishop bancrofi , in his visi●ation articles , not long af●er the canon made , doth wholy omitt the urging or inquirie after the use of this ceremony . bishop andrewes● being the first that ever gave it in charg in visitation articles , at least 16. yeares after its first compiling . 3. these canons were never confirmed by act of parliament , or consented to by the temporall lords and commons , but by the major parte of the prelates and clergy in convocation , and that with much opposition of bish●p rudde , and others of the better , though the weaker side ; therefore they are (a) no wayes obligatorie or binding in point of l●w , either to the clergy or laity ; neither can they controll the statute of 1. eliz. c. 2. or booke of common prayer thereby establi●hed , by prescribinge new ceremonies in time of divine service and sermons , not mentioned in that booke and statute ; the ceremonies whereof being confined and limited by parliament , can neither be altered nor multiplyed but by parliament , which hath the * hole power and right of makinge lawes and canons to binde the subjects , as well in ecclesiasticall and religious , as temprall matters , as bishop iewell recordes in his defence of the apologie of the church of england . part . 6. c. 2. divis. 1. p. 521 , 522. and bishop bilson , in his true difference betweene christian subjection and unchristian rebellion . part . 3. p. 540 , 541 , 542 , 543. and the confirming of the booke of common prayer , of the order of makinge and consecrating preists and bishops ; of the 39. articles of religion , and all other ecclesiasticall matters , together with the very subsedies of the clergy by act of parliament witnesse . as for the last clause in the statute of 1. eliz. c. 2. for the publishing of new ceremonies , by the queene with the archbishops or her commissioners advice ; as it clearly shewes , that bishops have no power , to make , or alter ceremonies , as they dayly doe , nor yet the king , unlesse specially enabled and authorized by parliament ( else this proviso had been idle ; ) so it is personall only to the queen , whom the parliament knew and trusted , not reaching to her heires and successors , which were then unknowen , and therefore purposely omitted and not named or trusted in this clause , though they are since named in other clauses of this act : so that being personall only it quite expired with them , and descending not to her successors , can give them or the present prelates no power to prescribe , or enforce either this or other rites and ceremonies , as they doe : i shall therefore conclude all with the wordes of doctor willet in his synopsis papismi . the 9. generall controversie error 51● the bowing at the name of iesus , as it is used in popery , to bende the knee at the sounde thereof , is not commanded in this place of phil. 2. 10 , 11. which shewed especially the subjection of all creatures , of turkes , iewes , infidells , yea of the devills themselves , to the power and ●udgement of christ : the kneeling at the name of iesus is superstitiously abused in popery , for the * people s●oope only at the sounde , not understanding what is read , and so make an * idoll of the letters and sillabes , adoring and worshipping the very name , when they heare or see it : and againe , in sitting and not veyling at the * name of christ immanuell , god the father , the sonne , and the holy ghost , and bowing only at the name of iesus , as the papists doe . protestants have only taken away , the supersticious abuse of the name iesus : * due reverence may be used to our saviour , without any such ceremonie of capping and kneeling . ( therefore the 18. canon , which requires only due reverence to be given ; fullfilled without it too : ) neither doe we * binde any of necessity to use this reverence to the name of iesus as the papists doe , ( and our bishops now also doe as well as they , ) which thinke , that christ cannot otherwise be honoured . neither doe we judge or condemne those , that doe use it , being free from superstition , and * grounded in knowledge and carefull not to give offence , for ‡ supersticious and offensive ignorance is not in any case to be defended . finally this outward reverence to the name of iesus , was first taken up among christians , because ( as some affirme * though without grounde or warrant ) of all other names , it was most derided and scorned of the pagans and iewes , and therefore they did the more honour it . * but now there is greater danger of popish superstition in abusing holy things , then of profane paganisme in utterly contemninge them ; and therefore there is not such necessary and just occasion of usinge this externall ges̄ture now , as was in former times , it was not used of necessity then , much lesse now . our prelates therefore should not soe enforce it , both upon ministers and people as they doe , nor yet suspend , silence , imprison those ministers , excommunicate and vexe those people , who out of judgement and conscience refuse to use it ; it being never given in charge or urged upon men in any visitation articles , till bishop andrewes , ( the first protestant divine who ever presumed to make it a duty of the text , contray to the tenent of all antiquity , ) nor people presented , molested , or ministers silenced , suspended , censured , ( yea fined and imprisoned ) for not using it , or preaching against it , as no duty of the text , till this last worst age of ours , for ought appeares by any histories , writers , or records ; and that against all law , all reason , religion , the statute of magna charta : c. 29. the petition of right , with other ‡ lawes enacted for the peoples liberties , which cannot be taken from them , but by parliament , which never yet prescribed this strang genuflection to them . psal. 119.128 . i esteeme all thy precepts concerning all things to be right , and i hate every false way . an appendix . christian reader , i shall for thy better satisfaction concerning the bowing of the naminge of iesus , and clearing it to be no dutie of the text , recite the opinions of 6. our learned writers , concerning this very point , registred in their authorized workes : i shall begin , with that famous learned divine william alley , bishop of exeter , divinity lecturer at pauls , in the first yeare of queene elizabeth , in his poore mans library , tom. 2. miscellanea praelectionis , 3. & 5. london , cum gratia & privilegio regiae majestatis , 1571. fol. 42 , 43 , 88 , 103 , 104. god the father gave unto christ ( sayeth hee ) not only the glory of his body , but also the glory of his name : as it is written by paul , phil. 2 , 9 , 10. hee gave him a name , which is above all names , that in ( so hee ●wice renders it ) the name of iesus every knee should bow , both of things in heaven , of things in earth , and of things under the earth . these wordes ( writes hee , answering the papists , objecting it for proofe of their maginarie purgatorie , ) are not to be understood of the worshipping of god ; for , this worship , standeth not in this , that the knee should be bowed , but doth especially require the spirituall effects and motions of the minde . paul , there , speaketh of the great authority and power , which is committed and given to christ , by which power every creature of heaven , earth , and hell , is made subject unto him , even the divell himselfe , with all the wicked and damned spirits , will they nill they are all under his feete , and the words which goe before shew this sufficiently , for it is said , god gave him a name , that is above all names , that all knees should bow in that name ; which words if yee will apply unto the divine worship , as though they , which worship god be in purgatory ; then must you grant also , that the divells and all the damned spirits doe worship christ. nomen , name in this is taken for dignity and honour , and so it is used allmost in all tongues , especially in the scriptures , it is a familiar speach . paul therefore , by this word , name , signifieth high and great power to be given to christ , and christ , to be sett in cheifest degree of honour , that there may no dignity be found like , either in heaven or in earth . it is to be wondred of some which doe co-actly restrai●e this sentence of paul to the two syllables of this name iesus , paul speaketh of the whole majesty of christ. for , they which doe consider and have no further respect , but only to the two syllables of the name , doe like as one would discusse and finde out by this word , alexander , the great prowesse of the name which alexander gatt him . but i pray you how * much more foolish are the sorbonists , which gather by this place of paul , that the knee is to be bowed , as often as this name iesus is pronounced , as though this word were a word , which hath in the very so●nd all the power included . but paul speaketh heer of the honour , which is to be given to the sonne of god and to his majesty , and not to the syllables either sounded or written : and in this behalfe how much ( i pray you ) did the pelting pardoners , deceive the people in selling this name in goulden or painted papers ; as though they might obtaine , either remission of sins , or else the favour of god thereby ? thus much bishop alley . reverend doctor gervace babington , bishop of worcester in his exposition of the catholike faith , in his workes london , 1622 pag. 195 , 196 , 197. d●termines also , thus of this text , and ceremonie : the papists , ( sayes hee , ) strangely descant of this holy name iesus , but whether such stuffe be worth the touch , i referre it to you . surely to rake up this channell were to stirre up a great deale of foule matter . for , in truth , the follies of their writers , he●ein , are most monstrous . but , sayd i follies ? i might say more and say but right . then hee relates their descants on this name and the strange misteries they have found in it , to make it venerable and worthie cap and knee : after which he sayth , i thinke the place to the philippians ( c. 2 , 9 , 10. ) not well understood hath and doth deceive them . indeed , they are easily deceived , that will not search for truth , and they are justly given over to strong delusions , that delight in errour , and have not a love to the truth ; otherwise , the place to the philippians would not be mistaken . but looke wee a little at the same , and marke from whence the apostle tooke it , and compare spirituall things with spirituall things . the place is borrowed from the prophet ‡ isay , and therefore by conference evident , that the word , name , signifieth power , glory , honour , and authority , above all powers , glories , honours and authorities ; and bowing the knee , signifieth s●bjection , submission , and obedience of all creatures to his beck , rule , and governement . for , what materiall knees have things in heaven , hell , &c. this knew the ancient father s. origen , and therefore writing upon the 14. to the romans , where these words be againe , hee saith , non est carnaliter hoc accipiendum , quasi caelestia , ut sol , luna , angeli , genua aut linguas habeant , sed genuflectere signi●icat cuncta subjecta esse & cultu● dei obedire : these words are not to be taken carnally , as though things in heaven , as the sunn , moone , angells had knees or tongues ; but to bow the knee signifieth , that all things should be subject , and obedient to the service of god. this knew s. ierome also , and therefore he saith , non at genua corporis , sed ad subjectionem mentis & inclinationem spectat , sicut david dicit , adhaesit pavimento anima mea . it doth not belong to the knees of the body , but to the subjection and bowing of the minde ; as david saith , my soule cleaveth to the earth or dust ; noting his inward humiliation , not a reall and outward matter . for , shall wee thinke ( saith hee ) that either heavenly things , * or all earthly things have knees ? no , i say againe , but by this phrase of speach , is meant subjection , whereof bowinge of the knees is a signe . as when he saith , i have left mee 7000. men which have not bowed the knee to baal : that is , which have not bine subject to that idoll . fornicator libidini genu flectit &c. the fornicatour is said to bow his knee to lust , the covetous man to his riches or desire , the proud man to his pride , &c. because they are subject to these things . et toties diabolo ●lectimus , quoties p●ccamus ; and so oft wee bow to the divell , as wee commit sin ; sayes this good father . the like in effect , have , theophilact , beda , ambrose , the glosse , and some of their owne papists . imperio ejus subjiciantur angeli , homine● , daemones . to his rule and governement shall be subject angells in heaven , men or earth and divels under the earth . this is to bow the knee to him , and this is for him to have a name above all names . let it suffice both for answer to the place of philippians and for declaration of this popish ignorance and errour . great is the j●dgement , certainely , when men haue eyes and see not ; ear●s and yet heare not ; hearts and yet understand not , and god in mercy avert it from his people more and more . after which , hee thus proceeds . this title of christ is given to our saviour , to distinguish him from others that were called iesus as well as hee , who were many , ( the name in those places and times being usuall ) as iesus the sonne of nun , iesus the son of iehozadeck , iesus the son of syrack , iesus iustus , coll. 4 , 11. and many more ; but none of all these was iesus christ. therefore this addition of christ , you see , makes a difference betwixt this one iesus and all those . and by the way ( if i should touch it againe ) doth not even the common use of the name shew , that the place of the philippians is not literally to be understood ? for , how could that name be a name above all names , which so many had as well as hee , if you respect the literall name ? therefore , needs , by name , must be meant some other thing ( as you heard before ) even power , authority , rule and governement , which is in christ above all others . secondly , this title ●heweth his office● for , it signifieth annointed . and this againe shewed the grosse ignorance or will●ull malice of papists in so extolling the bare name iesus . for , whether is gre●ter , henry a proper name , yet common to many of his subjects , or , king a name of office peculiar to himselfe ? mary or queene , iohn or earle and lord ? as , then henry and king be , so is iesus and christ : therefore judge , whether is greater if wee were to stand upon names and literall rules . this have some of their owne well seene and confessed : but i had rather al eadge the scriptures . first t●en co●sider , the first tydinge brought of his happy birth under the shepheards , marke now the angells content not themselves to say , vnto you is borne a iesus or a saviour , but they adde much more comfort , which is christ the lord. thereby preferring this iesus before all that ever were so called by a title of his office . the like wee reade in mathew , ‡ of whom is borne iesus , which is called christ. in * iohn wee read of a dissention &c. not whether hee were iesus or no , but whether hee were christ ; knowing the greater moment to be in that . againe , ● ‡ law was made to excommunicate whomsoever cōfessed him to be christ , not against calling him iesus . in the same place you see the poore man which had received sight to fall downe and worship , when hee heard the title of the son of god , & not doing it before in that sort , though hee knew his name to be jesus . in the 10. of iohn , they would have stoned him for saying he was the sonne of god , and called it blasphemy , but they did not for the name of iesus . in luke they demaund of him , art thou the very christ ? not art thou iesus ? for , so they called him without offence ; and when they heard his answere , they rent their cloathes : thereby declaring how farre greater it was to be christ , than to have the litterall name of iesus . all which places , with many more ought truely to teach and perswade our soules , to looke for his office , that hath this name , which is so comfortable , and not to be children playing with letters and sillables , and adoring titles which that honour , that is due to the person , as these fond men doe , salving all the matter with * a foolish distinction of concomitancie , by which all idolatrie may be as well excused . thus this learned pious bishop also . learned doctor william whitaker , regius professour of divinity in cambridge , in his answer to wm. reynolds the rhemist . cambridge , 1590 , pag. 398 , 399. writes thus of this text and ceremony . concerning putting off our capps and making courtesies at the name of iesus , m. reynolds is very earnest , and concludeth in the end , that i am an atheist and make no account of christ , for denying that , seing wee yeild this honour of capp and courtesie : , to the letters , name , seale , and seate of the prince . if this be a true argument ( m. reynolds ) as you in your vehemency would have it seeme , how cometh it to passe , that gods name among you is not honoured with like reverence of capp and knee , whensoever it is heard ? will you put of your capp , when the prince is named , and will you make courtesies at the popes name , at his triple crowne or crosse , and will you never once stirre your capps or bow your knees when god is named ? is this your religion ? is this your fashion ? then let me conclude against you , as you have done against me , that you are by your owne , argument very atheists , such as make no account of god himselfe , for , otherwise this conclusion of yours : ( that i am such a one , for not honouring the name of iesus in such sort ) is falsely though most maliciously devised . the iewes and infidels have abhorred the name of iesus , i grant , but no more the name of iesus , than the name of christ , seeing iesus is christ , and christ hath as much deserved to be hated of them as iesus , christs name may a thousand times be heard amongst you , and no man mooveth capp or knee , iesus is no sooner sounded , but every man by and by putteth of his capp , and scrapeth on the ground with his foote ; and yet not allwayes , or in all places , but in the church and especially at reading of the gospell . this may breed a more dangerous opinion , than any it can remoove , that jesus is better than christ is , and more worthy of reverence , which is wicked to imagine . the same learned doctor also in his preface , to his answer to saunders his demonstration concerning antichrist , mustering up diverse absurd consequences of the papists and iesuites , from sundry texts of scripture ; as , christ entred into peters ship ; therefore the whole church is peters ; to wit , the popes ship. barnabas layd downe the whole price of the feild hee sold , at the apostles feete : therefore the popes feete are to be kissed . with many such like consequences ; he concludes with this , as the grossest of all the rest . a name above every name is given to christ , that in the name of iesus every knee should bow ; therefore as oft as wee heare the name of iesus mentioned , wee must uncover our heads , and bow our knees . after which hee thus proceeds : when ( i say ) men shall heare these and infinite such like expositions , and argumentations of these new-masters , if there be any sense left in them , not onely of the holy-ghost , but likewise of common judgement , they cannot thinke , that a religion grounded upon those foundations , can be firme and certaine , to be preferred before all others . for yet further proofe in this 4. place , take also m. cartwrights testimonie , who brings in the rhemists writing thus ; ( just as our patriotes of bowing at the name of iesus , now both write and preach : ) they by the like wickednesse charge the faithfull people for capping and kneeing when they heare the name of iesus , as though they worshipped not our lord god therein , but the sillables or letters , or other materiall elements , whereof the word written or spoken consisteth ; and all this by sophistications to drawe the people from due honour and devotion towards christ iesus , which is sathans drift , by putting scruples into poore simple mens mindes at his sacraments , his saints , his crosse , his name , his image , and such like to abolish all true religion out of the world and to make them plaine atheists . but , the church knoweth sathans cogitations and therefore by scriptures and reason , warranteth and teacheth all her children , to doe reverence whensoever jesus is named , because catholikes doe not honour these things , nor count them holy for their matter , colour , sound and syllables , but for the respect and relation they have to our saviour , bringing us to remembrance and apprehension of christ , by sight , hearing , or use of the same signes ; else ; why make wee not reverence at the name of ie●us the sonne of syrack , as well as iesus christ ? and it is a pittyfull case , to see these profane subtilities of hereticks to take place in religion , which were ridiculous in all other trade of life . when we heare our prince or soveraigne named , wee may without these scruples doe obeysance , but toward christ it must be superstitious . thus the rhemists . to whom m. cartwright thus replies : this dirt which they dash us with , is as well made of them , as throwne by them . for it is false , that wee will have no reverence to be given to the name of iesus ; wee say , that there ought to be no other honour , or reverence given to it , than to the name of christ , of lord , of god : and further wee say , that this supplenesse of your knees , in bowing at the name of iesus , is nothing but a mask to hide the straitnes and numbnesse of all the joynts of your heart and soule in your submission , to the commandement of iesus . for , it is well knowne that your knees which are cammel like in the courtesie which you give to this name , are joyntlesse and elephantlike in your obedience unto his precepts , to whom this name appertayneth . againe , wee testifie that this is a will-worship , not onely trouble●ome to the assemblie , by irksome scraping of the pavement and unseasonable interruption of that which is read or preached , but pernicious also in regard of the suspitiō , that it may move of the inequality of the per●ons in trinity , whilest a title of the sonne being honoured with capp and knee , the other persons have neither bonnet vailed , nor foote mooved to testifie any honour to them . the vaunt of scripture for proofe of this worship must needs avaunt . for this , being the onely stay and prop , which they can pretend out of scripture , makes nothing for it . first , for that this name of iesus in this place signifieth not any title or note whereby christ is called , but his authority and whatsoever is glorious and excellent within him , as in diverse places it doth likewise appeare . secondly , for that hee understandeth not by this word , knee , the member of the body whereby they honour , but ( by a borrowed speach ) the subjection and bending of all creatures unto the infinite power of chr●st , so that the soules departed , and angells ( which have no knees ) are subject to this courtesying , as well as men living upon earth . if therefore the heavenly spirits can yeild this subjection unto christ without courtesying at the name of ie●us , it followeth , that this exposition of bowing the knee is farre from the meaning of the apostle in that text . thirdly , for that the kneeling and courtesying heere spoken of , is performed as well by the wicked and di●obedient , as by the holy and obedient spirits ; it is plaine , that all kinde of reverence being a voluntary and frank worship of christ , after the prescript of his word is without warrant of the place . this scripture making nothing for them , their reason , allthough it were likely cannot beare it out . and whereas they would free themselves from superstition in syllables , because they bow not at the name of iesus the sonne of syrach , as to iesus the sonne of god , whilest the knee jumping with the very first utterance of the word of i●sus preventeth oftentimes the pronunciation of the words , of , the sonne of syrack , the very danger therefore of communicating of this worship with others , which they would have proper to our saviour christ , might easily have admonished them of the insufficiency of this service . and , seeing the name of iesus in the sonne of nun , and in the high-priest of that name , of whom onely wee are assured that they were rightly thus called , is the same with the name ascribed unto christ , wee see not by wha● reason honour may be withdrawne from the one which is given to the other , especially considering they had not this title of iesus in their owne right , but in the right of christ , whose figures and lively representations they were . and if others might withhould it , yet you which give the same honour to the image , which you give to the thing it selfe , cannot be conceived , so to doe . what will you answere to this , that as you are in danger of superstition in the former point ; so in this you are charged with profanenesse , who neither capp nor knee at the name of jesus out of the thing , when the name is the same , and as well to be honoured without , as within the church ? which service you profane in the crosse , whereunto you doe honour or homage , as well when it standeth in the feild , as when it is erected in the church or chancells . to your other reason , that in reverence wee uncover our heades at the name of princes : wee answere , that , if it were so ; the civill hono●r is not tyed to such strict lawes , as is the divine , therefore there is greater freedome of choice in the one than in the other . and it is knowne what is sayd of civill honour , that it rather standeth on the wil and judgement of the giver , than of the taker , which is cleane contrary in the honour of god , which dependeth on the pleasure and commandement of him that taketh it , not of him that giveth it . thus farre m. cartwright . to him i shall annexe that late learned and reverend divine doctor henry a●ray , provost of queenes colleidge in oxford , who upon this text of the * philippians , writeth thus : and hath given him a name , &c. where wee are not to understand that god gave unto christ after his resurrection any new name , which hee had not before . for , as before , so after , and as after , so before , hee was , and is called the wisedome of god , the power of god , the true light of the world , faithfull and true , holy and just , the apostle and high-priest of our profession , a priest for ever , after the order of melchisedech , the saviour of the world , the prince of peace , the mediatour of the new covenant , the head of the church , the lord of glory , iesus christ , the sonne of the father , the sonne of god , and god. neither had hee any name after his resurrection which he hath not before . but by a name in this place is to be understood , glo●y , and honour , and dominion , and majesty , and power ouer all things created ( as the same word is , elsewher used , as ephes. 4 , 21. ) so that , when it is sayd , god hath given him a name above every name ; the meaning is , that god having raised up christ iesus from the dead , hath so highly exalted him in the heavenly places , thath he hath given him all power , both in heaven and earth , all dominion over all creatures whatsoever , and the same glory , which he hath with him , from the beginning , so that now he raigneth and ruled with him , king over all , and blessed for ever . which hee there proves and paralells with heb. 2 , 9. ephes. 1 , 20.21 . iohn , 17 , 5. matth. 18.18 . and then conclude● thus : to knitt up all in a word , christ , god and man , after his resurrection , was crowned with glory and honour , even such as plainely shewed him to be god. there to rule and raigne as soveraigne lord , and king , till he came in the clouds , to * judge both quick and dead : after which , hee proceeds in these wordes : (y) where by the name of iesus wee are not to understand the bare name of iesus , as though it had the vertue in it , to drive away divells , or as though at the very sound of it , all were to bowe their knees ; for , at the name of saviour ( which is the same with iesus ) none boweth , and t●e name of christ , emanuell , of the sonne of god , of god , which are names no lesse precious and glorious , than is the name of iesus true it is that bowing at the name of iesus , is a custome , which had been much used , and may without offence be retained , when the minde is free from supe●stition ; but to bow and kneele at the very sound of the name , when wee only heare the name of iesus , sounding in our eares , but know not what the name meaneth , savoureth of superstition . by bowing the knee , the apostle heer meaneth , that subjection which all creatures ought continually to performe , and which all creatures shall performe to christ * in that day , some unwillingly and to their confusion , as the divells and wicked men their instruments ; for , so the lord by his prophet useth the same phrase of speach , where hee sayth * : every knee shall bow to mee , that is● shall be subject to mee and worshipp mee . here then is a duty prescribed , necessary to be performed of every christian , which is , to glorify him who is exalted in the highth of glory , both in our bodies and in our soules , to worship him with holy worship , to subject our selves to him in all obedience unto his heavenly will. for , worthy is the lambe that was killed to receive all power , and wisedome , and strength , and honour , and praise and glory . the angels in heaven , they glorify the name of iesus , in that they are allwayes ready to execute his will , and doe whatsoever hee commandeth them . this also is that holy worshipp wherewith wee ought to worshipp him , and to glorify his name , even to be * hearers and doers of his will in his word , to obey his will , to walke in his lawes , and to keepe his commandements ; not the bare and outward capping , and kneeing of the name iesus , but principally obedience to his will , that is named , is the honour , which here hee accepteth of us . for , as , not every one that sayeth lord , lord , shall enter into the kingdome of heaven . so , not every one that boweth at the name of iesus , shall enter into his kingdome , but hee that doth ●is will , and walketh in his wayes . saul when hee was send to slay the amalekites , thought to honour god greatly by sparing the best of the sheepe and oxen , to sacrifice unto him ; but it was sayd unto him * : hath the lord as grea● pleasure in burnt offerings and sacrifices , as when his voyce is obeyed ? behould , to obey is better than sacrifice , and to hearken is better than the fatt of rames : so you happly think you honour our blessed saviour greatly , when you bow your selves at every sound of his * name ; but behould , to obey his will is better than capping and kneeing , and all outward ceremonies whatsoever . yet mistake mee not , i beseech you , as though i thought , that the names of iesus c●rist , of the lord , of god , of the father , of the sonne , or of the holy-ghost , were names of ordinary account or reckoning , or to be passed over , without reverence , as other names ; nay , whensoeuer wee heare or speake or think of them , wee are to reverence the majesty of god signified thereby . and fearefull it may be to them , that thinke or speak of them prosanely , or slightly , or upon each light or trifling occasion , or o●herwise than with great reverence and feare , that the lord may not hould them guiltlesse . * but this i say , that neither the sound of those syllables of iesus , nor the name of iesus , should af●ect us more than any other names of christ , as though there lay some vertue in the bare word . but whensoever wee heare , or thinke , or speake of him , wee are to reverence his majesty , and in the reverend feare of his name to subject our selves unto his will. this is a precept of that duty , whereby wee must glorifie christ iesus . after this in th● 3. lecture hee proceeds to proove , that by bowing of the knee in this text , is meant the subjection of all creatures unto christ , and that this text shall be actually and principally ●ulfilled , before his tribunall onely in tho * generall day of judgement . so that by his expresse resolution hee concludeth . 1. first , that this name iesus is not the name above every name mentioned and intended in this text of phil. 2.9.10.11 . 2. secondly , that bowing or capping at this name is not heere enjoyned . 3. that no more capping or bowing is to be given to the name iesus , then to any other names of christ or god. 4. fourthly , that the bowing and capping at this name onely is sup●rstitious , and attributes some vertue to the letters and syllables of the name it selfe . 5. fif●ly , that the bowing of every knee here mentioned , is and shall be ‡ p●incipally performed in the day of judgement , before christs tribunall , and not till then . 6. six●ly , hee heere tacitely intimates , that such as are most observant of this ceremony , are ignorant supersticious pe●sons , and most disobedient to christ , in their lives and actions ; and that wee cannot bow to one name of christ , as , to his name iesus , more than to another , without appa●ent superstition . finally , our learned doctor william fulke , in his confutation of the rhemists notes and testament , on phil. 2. sect. 2.8.10 . determines thus : first it is certaine , that the bowing of the knee at the sound of the name of iesus is not commanded nor prophecied in this place . but it pertaineth to the subjection of all creatures to the judgement of christ , when not only turkes and iewes , which would y●eld no honour to jesus , but even the devills themselves shall be constrained to acknowledge that he is their iudge . secondly , the capping and kneeling at the name of iesus is of it selfe an indifferent thing ( therefore no duty of the text ) and therefore may be u●ed superstitiously as in popery , here the people stoup at the name when it is read , not understanding what it meaneth , or , what is read concerning him . and also in sitting and not veyling at the name of christ , emanuel , god the father , the sonne , and the holy ghost , and bowing only at the name of iesus . it may be used also well ( perchance ) when the minde is free from superstition , in signe and reverence of his majesty , and as in a matter wherein christian liberty ovght to take place . and dve reverence may be yeelded to our saviour ( and so the very words of the 18. canon which our bishops much insist on , fullfilled ) without any such outward ceremony of capping and kneeling . thus this great mall of the papists doctor fulke ; whom doctor willet followeth in his fore-cited passages . what the fathers and forraine writers have determined of this ceremony , hath beene elsewhere manifested , not one of them making it a duty , either commanded or insinuated by the text ; i hope therefore , the zealous patriots of this new-coyned duty , will forbeare the urging of it , untill they shall proove it a duty of the text , by argument , scripture , reason , and authority , not meere will , and power , their present eagern●ss● , in enforcing it on men , against their conscie●ce and the expr●sse s●atute of 1 , eliza. c. 2. ( which inhibites all other rites , and ceremonies to be used in time of divine service or sermons , than those prescribed in the booke of common prayer , which doth not so much as once mention , muchlesse enjoyne the ceremony ) shewing to be a mee●● superstitious humane invention , to usher in , advance and sett forward some popish designes , ( as , bowing to communion-tables , altars , crucifixes , images and the hostia , ) not any divine institution , tending to the advancement of gods glory , christs honour , or the peoples spirituall good , for then these superstitious popish innovators , would never be so zealous to promote it , with such tyranny , violence , and earnestnesse , as now they doe , without either law , or statute to authorize them . finis . notes, typically marginal, from the original text notes for div a10179-e200 * gal. 6.1 . 2. tim. 2.25 . col. 3.12.13.14 . notes for div a10179-e470 * page 84.85 , 86.110 unto 141. none of the fathers tell us ( writes he ) that this reverence of bowing the knee is to be done at the name of iesus , neither is there any expresse or full authority in them therefore all that i strive for is that the fathers by their expositions of this text do not crosse and contradict that meaning which our church doth seeme to gather out of it . in a word , i labour not that the fathers should bee fully for me , but i hope to make good that they are not against me . i desire in this matter to have them lookers on : so he against bp. andrewes and others , who say all the fathers are for them , that is , not for , but against them . * apud alchuvini opera . col . 1830.1831 . b in isalam l. 5. ca. 55. tom. 1. p. 362. e. in ioannis evang . l. 11. c. 17. p. 666 de incarn vnigeniti . c. 11. p. 114 dialog . de trinit . l. 3 p. 270. a. c surius concil . tom. 3 , p. 274. d bibl. patrū . tom. 3. p. 75. b. e bibl. patrū . tom. 5. pars 3. p. 277. b. f bibl. patrū . tom. 9. pars 1. p. 770. b. g bibl. patrū . tom. 9. pars 2. p. 1156. b. h bibl. patrū . tom. 5. pars 1. p. 924. i bibl. patrū . tom. 12. pars 1. p. 880. l page 73.74 , 75 , 80 81. m this mr. page confesseth . p. 2.5 , 73 , 74 , 75 , &c. the later part of whose booke is a confutation of the ●ormer in all scholl●rs judgement , whereupon it was called in by the bishops , and not answered . notes for div a10179-e2210 (a) confe●rence at hampton court p 46. * see his sermon on phil , 2.9.10 . (b) s●e acts. 3.6 . c. 9.27.29 . c. 16.18 . 1. cor. 5 . 4● ephes. 5.20.2 . thes. 3.6 . with sundrie others . * acts 13.23 . gal. 3.20 . 2. tim. 5.10 . tit. 1.4 . c. 2.13 . c. 3.6 . * bishop andrewes sermon on phil. 2.9.10.11 * tit. 1.3 . psal. 106.21 . 1. tim. 1.1 . (c) bp andrewes in his sermon on phil. 2.9.10 . m. william page in his treatise of iustification of b●wing at the name of iesus . (d) sermon on psal. 1.9.10.11 . * psal. 29.2 . psal. 34.3 . psal. 66.2 . psal. 79.9 . ps. 83.18 . psal. 96.8 . psal. 99.3 . ps. 111.9 . ps. 148.13 . deutr. 28.58 . (e) math. 8.28.29 . (f) bp. andrewes doctor boyes , giles , widdowes . m. page , with others . (g) rev. 5 . 11.12●13.14 c. 7.12 . (h) bp. andrewes sermon on phil. 2.9.10.11 . m. page his treatise of bowing at the name of iesus . * others are called only adjectively that is annointed● but not christ , a title peculiar to our saviour , as it used substantiuely as a title . (i) bp. andrewes sermon on phil. 2.9.10.11 . (k) socrates scholasticus eccles. hist. l. 7. c. 32.33 . (l) see athanasius quod christus sit verus deus , s●●r . ecclesiact . hist. l. 7. c. 32.33 . (m) see hilary , athanasius , basil● nazianzen and others in their writings and sermons against the arrians . (n) see athanasius quod christus sit verus deus . * in the letany , and thanksgiving after the communion received . (o) bishsp andrewes sermon on phil. 2.9.10.11 . * ti● . 1.3.4 . c. 2 . 13● lu. 1.47 . (p) bishop andrewes ibidem . (q) bishop andrewes sermon on phil. 2.9.10.11 . (r) exposit. in matth. 1. tom. 5. col. 1. (s) expositio in matt. 1. tom. 1 p. 5. & in epist. ad romanos c. 1. tom. 2. p. 5.6 . (t) de divinis officiis c. 41. col , 1125. a (u) 3. parte qu. 16. art. 5. qu. 17. art. 1. (x) bishop andrewes sermon on phil. 2.9.10.11 . (y) bishop andrewes serm. on phil. 2.9.10.11 . giles widowes . his confutation of an appendix p. 38. m. page , and others in their sermons . * operum tom. 3. tract . 37. p. 335. (z) sermon on phil. 2.9.10.11 . * ibidem . (a) ibidem . (b) the 2. and 3. part. of the homily against the perill of idolatry . bishop vs●ers answer to the iesuites challenge of images . p. 496.497 . doctor iohn rainolds de idololatria romanae ecclesiae l. 2. c. 3. sect. 69. (c) notes on phil. 2. v. 9 . 10● on apoc. v. 3. sect. 11. carolus stengelius de sacrosancto nomine iesu. c. 23. salmeran , operum . tom. 3. tract . 37. p. 335. (d) irenaeu● adv . hereses lib. 1. c. 25. epiphanius contr. haereses . haer. (e) doctor boyes , postil on the epistle on palme sunday p. 280. h●oker eccles. politie . l. 5. sect. 30. m. adams his sermon on phil. 2.9.10.11 . and bishop andrewes on phil. 2.9.10 . (f) athanasius creede articles of religion : 1.2.5 . (g) fox acts and monuments , london : 1610. p. 1514.1595.1604 . (h) by iewels defence of the apologie . part . 5. divis . 11. c. 6. p. 480. * edition 1610. * and may not god the father and the holy ghost , by as good and the same reason be offended at the bowing only at the name of iesus , as this bishop was at cranmers bowing to the queenes commissioners and proctors , pretermitting him . (i) sermon on phil. 2.9.10.11 . m. page , widdowes , the rhemists salmeron s●●ngelius and others in their fore-quoted places . (h) athanasius his cr●ed articles of religion . 1.2.5 . (i) sermon on phil. 2.9.10 , 11. (k) acts. 10.38 . isai. 61.1 . (l) see the appendix concerning bowing at the name of iesus and lame giles his haultings . (m) zanchius in phil. 2.9.10 . mr. hooker his ecclesias●icall polity . l● 5. sect. 30. d● bayes his postill . on the epistle on palme sunday . p. 280. and m. page his iustification of bowinge at the name of iesus . (n) see athanasius , basil , naziancen● the acts of the councells of nice , constantinople , chalcedon , ephesus ; and all historians and writers of arrian controversie . (o) see epiphanius and augustine de haeresib . (p) concil . nicaenum . can. 20. constantinop . 6. can. 90. timonense 3. sub carolo magno , can. 37. aquisgranense sub ludovico pi● . can . 46. (q) tertullian de corona militis lib. ad uxorem . l. 2. & rhenani ●ot● ibid contra psyc●ic●s● lib. contr . magd. 3. c. 6. de ritib● cura grationem● col. 137. & cont . 4. c. 6. coll . 432.433 . (r) sermon on phil. 2.9.10.11 . (s) iustin martyr . apol . 2. tertullian . d● corona militis . * acts. 7.60 . c. 21.5 . ephes. 3.14 . 2. chron. 6.13 . psal. 95.6 . dan. 6.10 . luke● 22.41 . acts. 9.40 . c. 20.36 . (t) sermon on phil. 2.9.10.11 . (u) in isay. 45. (x) sermon on phil. 2.10.11 . giles widdowes his confutation of an appendix p. 122. (y) lib. 4. c. 45. t●m . 5. p. 312. (z) hexameron . l. 6. c. 9. * he & many others read it only passiuely , as inferred by christs power , at last not actiuely , as voluntarily rendred by any now . (a) sermon on phil. 2.9.10.11 . widdowes , page , and others in their sermons . (b) sermon on phil. 2.9.10.11 . mr. page , widdowes stengelius , salmeron : with others quoted in lame giles . (c) see the appendix to lame giles , where all this is proved at large . (d) notes on phil. 2 9.10 . and on apoc. 13. sect. 7. (e) de s. nomine iesu . c. 23. (f) bi●hop alley his powr mans library : p. 2. f. 88.103 . bishop rabinghton exposition of the catholicke faith● p. 195.196.197 . doctor whitakers answer to william raynolds . p. 398.399 . and in his preface to saunders his demonstration . doctor fulke and m. carthwrights confutation of the rhemist testament notes on phil. 2.9.10 . and in apoc. 13. sect. 7. doctor ayray on phil. 2.9.10 . doctor willet synopsis papismi conc. 2. error . 51. (*) brentius , calvin , marlorat , musculus , piscato● , and paraeus in phil. 2.9.10 . and in rom. 14. (g) milanus , hist. de imaginibu● l. 3. c. 1. (*) brentius , calvin , marlorat , musculus , piscato● , and paraeus in phil. 2.9.10 . and in rom. 14. (h) calendarium romanum : histori●e beatissime● nominis iesu sed cum vsum sanum : f. 74.169.170 . (i) ecclesiasticall policy : l. 5. c. 30. (k) con●utation of the rhemist testament : notes on phil. 2.9.10 . (l) synopsis papismi the 9. generall controversie . error 51. (m) chap. 29. see rastall title accusation . (n) the rhemists , stengelius , and salmeron , in their fore-noted places , and ●ornelius à lapide in phil. 2.9.10.11 . (o) sermon on phil. 2.9.10.11 . giles widdowes his answer to an appendix : and others quoted in lame giles . * gal. 2.14 . ps. 1.27.28 iude 3.2 . 2. pet. 3 . 16.1● . acts 13.10.11.2 . iohn . 10.11 (p) acts. 7.47 . hebr. 4.8 . (q) col. 4.11 . (r) acts. 13.6 . (s) sermon on phil. 2.9.10 . (t) vincentius syrc , test . l. 11. c. 57. carolus stengelius de sacr. nomine iesu. c. 27. salmeron . operum , tom. 3. tract . 37. magarinu● de la brige de sancto ignatio . bibl. patr. tom. 1. p. 76. (u) eusebius de vita constantini , l. 1. c. 23. baronius & spardanus anno 311. sect. 4. (x) nicephorus eccl. hist. l. 17. c. 4. molanus sacrar . imaginum . hist. l. 3. c. 1 (y) in their places quoted , quaest. 27. * see doctor whi●●ker preface in his answer to saunders his demonstration of antichrist , when he derides this , as one of the papists most absurd ridiculous arguments and inferences . * therefor● standing up at gloria patri , the gosple , athanasius & the nicene creed , praying towards the east altars , receiving the sacrament at the communion table , bowing to the table , & such other , new urged ceremonies , not mentioned or praescribed in the booke o● common prayer , are expressly against this act , ought not to be used , and those who use them may be indited for it , and as such as urge , or presse , or prea●h for them too . * and none is due but wha● christ hims●lfe res●rves or prescribes in his word . (z) hooker e●clesiasticall polity l. 5. sect. 3. w●llet synopsis papismi contr. gen . 9 error . 51 (a) see 25. h. 8. c. 14.19.21.1 . eliz. c. 1.2 . the petition of right , 3. carl● , 31. h. 8. c. 26.3 . ed. 6. c. 12.8 . eliz. c. 1.13 . eliz. c. 12. kings ecclesiasticall lawes and all acts touchinge ecclesiasticall matters . * see the epistle of pope elutheriu● to king lucius : fox acts , and monuments 71.96 . e●d . hist. novor●m l. 3. p. 67. & ioannis seldeni 5. stat. 2. c iurisdiction . spicilegium ibidem p. 167.168 20. h. 3● c. 9.4 . e 1. c 5.36 . e. 3 c 8.2 . h. 2.14 . e. 3. statute . 3. for the clergie 2. h. 4. c. 15.5 . h. 2. c. 6. m. 19. f. 3. ●itz . iurisdiction 28. * as our people now generally doe use it . * as most now doe . * these names then are as much to be capped & bowed to as the name iesus . * note this . * why then it is now so strictly given in charge to all , and ministers and people so severely punished for omitting it , or refusing to use it ? * as this is not so grounded ‡ the true grounds of this ceremony . * see lame giles & the appendix concerning bowing at the name iesus . * note this , therefore protestant now when popery is so prevalent , should rather omit , then urge or use it . ‡ in rastall accusation . notes for div a10179-e11890 bishop alley . * and are not many of our prelates , ministers , and people , now , in this rega●d as foolish as they ? bishop babington . ‡ isaiah , 45.23 . * 1. kings , 19.18 . iose●hu● . heb. 4 , 7. aag . 11 , 1. ezra . 3 , 2. luke . 2 , 11● note this . ‡ mat. 1 , 16 * iohn 7 , 43 ‡ iohn 9 , 22 iohn 10 , 33 luke 22 , 67. * vsed by bp. andrewes , m. page , & their followers . doctor whitaker . doctor whitaker m. cartwright . mark this . note this . d. ayray . * lecture 30 , upon , phil. 2. pag. 345. to 348. * accipit potestatem judicandi sicut paulus apostolus ait , et dedit ei nomen , quod est super omne nomen ut in nomine iesu omne ge●● flectatur . st. isiodor . hispal●nsis comment . in gen c. 30. p. 301.2 . (y) ibidem pag. 153 , 154 , 155. * quando nosiris adspicimus oculis ineffabile c●elorum regnum , rursusque ex alia parte conspiciemus supplicia horrenda , tormentaque expaveseenda revelari atque apparere mediū vere horum adsistere omne hominum gentes omnemque spiritu● à primo formato adam : ●●que ad ultimū omnium hominū , cunctosque faciem praecedentes atque adorantes , secundum illud scripturae , vivo ego dicit dominus : quia mihi curtantur omne genu . tune quoque sermo implebitur apostoli dicentis in nomin● iesu christi , omne genu slectetur caelestium , terrestium , & infernorum , & omnis lingua cantilebitur , quia domin●● iesus christus in gloria dei patris , eph. syrus de apparit crucis tempore judicij , p. 230. p. 703. * isai. 45 , 23. * apoc. 5.12 . * marke this bowing . * 1. sam. 15.22 . * mark this , * sede à dextris meis , donec mundi finis & consummatio veneri● , & mittam te judicem vivorum & mortuorum : et tvnc s●ectet omne genu caeles●ium , terr●strium & inferorum potentiae tuae , tuique inimico ●rosternentur velu● calcandum scabellum pedum tuorū & reddes unicuique secundum opera sua . haec veritas sit interpretatur & exponit si modo velis assentire & approba●e gregentius archiepisc. tepheusis , disp. cum herbano iudaeo , bibl. patris tom. 1 . 5● ps . 1 , p. 924. ‡ dum dicit sancta sanct● , populus vicissim cl●mat , unus sanctus , unus iesus ch●istus in gloria dei patris . quod à paulo scriptum resonabit in extrema die , quando iesu f●ectetur omne genu , & omni● lingua confitebitur , &c. simton . thess. archiep. de d. templo . bibl. patr. t 12. ps . 1. p. 880. a breviate of the life of vvilliam laud, arch-bishop of canterbury extracted (for the most part) verbatim, out of his owne diary, and other writings, under his owne hand : collected and published at the speciall instance of sundry honourable persons, as a necessary prologue to the history of his tryall, for which the criminall part of his life, is specially reserved / by william prynne of lincolnes inne, esquier [sic]. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56135 of text r19543 in the english short title catalog (wing p3904). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 186 kb of xml-encoded text transcribed from 21 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56135 wing p3904 estc r19543 12399625 ocm 12399625 61240 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56135) transcribed from: (early english books online ; image set 61240) images scanned from microfilm: (early english books, 1641-1700 ; 288:2) a breviate of the life of vvilliam laud, arch-bishop of canterbury extracted (for the most part) verbatim, out of his owne diary, and other writings, under his owne hand : collected and published at the speciall instance of sundry honourable persons, as a necessary prologue to the history of his tryall, for which the criminall part of his life, is specially reserved / by william prynne of lincolnes inne, esquier [sic]. prynne, william, 1600-1669. [7], 35 p. printed by f.l. for michaell sparke, senior ..., london : 1644. frontispiece engraved by hollar. "it is ordered this sixteenth day of august 1644 by the committee of the house of commons assembled in parliament concerning printing, that this booke intituled, a breviate of the life of william laud, &c., bee printed by michaell sparke, senior. john vvhite" errata: p. 35. reproduction of original in huntington library. imperfect: film lacks frontispiece. eng laud, william, 1573-1645. a56135 r19543 (wing p3904). civilwar no a breviate of the life; [sic] of vvilliam laud arch-bishop of canterbury: extracted (for the most part) verbatim, out of his owne diary, and prynne, william 1644 31965 16 0 0 0 0 1 99 b the rate of 99 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2005-12 tcp assigned for keying and markup 2006-03 spi global keyed and coded from proquest page images 2006-05 derek lee sampled and proofread 2006-05 derek lee text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion a breviate of the life , of vvilliam laud arch-bishop of canterbury : extracted ( for the most part ) verbatim , out of his owne diary , and other writings , under his owne hand . collected and published at the speciall instance of sundry honourable persons , as a necessary prologue to the history of his tryall ; for which the criminall part of his life , is specially reserved . by william prynne of lincolnes inne , esquier . prov. 10.7 , 28 , 29. the memory of the just is blessed , but the name of the wicked shall rot. the hope of the upright shall be gladnesse ; but the expectation of the wicked shall perish . the way of the lord is strength to the upright : but destruction shall be to the workers of iniquity . it is ordered this sixteenth day of august 1644. by the committee of the house of commons assembled in parliament concerning printing , that this booke intituled , a breviate of the life of william laud , &c. bee printed by michaell sparke senior . john vvhite . london , printed by f. l. for michaell sparke senior , and are to bee sold at the blew-bible in green-arbour . 1644. to the right honourable lords and commons now assembled in parliament . having formerly presented your honorable assembly with a large historicall collection of the severall execrable treasons , conspiracies , rebellions , seditions , oppressions , antimonarchicall practises of our lordly prelates , in all former and late ages , in my antipathy of the english lordly prelacy , both to regall monarchy , and civill vnitie ( which gave a fatall blow to the prelaticall partie ; ) i thereupon conjectured my domesticall collections of that nature , had arrived at a non ultra : but the death of some eminent members of the commons house ( principally interessed in the archbishops prosecution ) inevitably engaging me at a dead lift ( through the committees request ) to make good the grand charge against this arch-prelate , and bring him to his long expected tryall , ( a trouble which i gladly would have declined : ) thereupon the importunity of diverse honourable friends in both houses , whom i could not deny , hath ( beyond expectation ) in the midst of many other distracting occasions , imposed on me this further trouble , of collecting the ensuing breviate of his life , abstracted ( for the most part word for word ) out of his owne diary and papers : which being a necessary prologue to the much desired history of his tryall ( wherein his crimes here pretermitted , will appeare in their proper colours ) was conceived to bee a fitter fore-runner , then concomitant of it . there was one speciall consideration which for a time did somewhat disswade me from this service , to wit a misconstruction which some no doubt will make of my publications in this kinde , as if they proceeded meerly , or principally from malice , or revenge of former injuries and cruelties inflicted on me by this archbishops means . but my own conscience and forbearance to meddle with his prosecution , till publikely called and necessitated thereunto , acquitting me from any such imputation ; and the never sufficiently admired providence of my ever-gracious god in preserving me safe in the midst of all former troubles , imprisonments , sufferings , reducing me in safetie by an omnipotent hand ( beyond all expectation of friends , and enemies ) even with honour and triumph , from my long close imprisonment and exile in forraigne parts ( to which this arch-prelate had eternally designed me , without hopes of redemption , ) and since , that in selecting me above all others , by publike authoritie , ( contrary to my inclination and desire ) to bee both the seizer and peruser of his papers , & prosecuter of his long delayed tryall ; ( the protraction whereof by many adorable providences , was one principall meanes of making good his charge , though at first it seemed to disable its proofe ; ) i could not ( in pursuance of this most remarkable worke of providence ) but most cheerfully proceed in this imposed imployment , notwithstanding all other discouragements , impediments : which being brought to this perfection , i humbly commend to the publike view of the world under your honours most noble patronage , to whom i most humbly present it , only with this one most iust and equitable request , which i beseech you seriously to lay to heart . it was once a proverb , but now a sad complaint , that great bodies , have very slow motions , & ( alas ) many experimentally feele its verity . there are to my knowledg some hundreds of pious christians quite ruined , or much impaired in their fortunes , by the tyrannie and injustice of this oppressing arch-prelate and his confederates ; who at the beginning of this parliament became humble suitors to it , for reliefe and reparation of their dammages . their causes therupon were then , to their great expence , fully heard , and voted at severall committees ; many of them reported in the houses , their unjust sentences there ordered to be vacated ; yea speedy recompences of their losses , dammages , then promised , expected . but yet now at last ( after two or three years tedious expectation , and sollicitation ) their sufferings , * causes , losses , are almost quite forgotten , themselves ( like dead men out of mind whom we remember no more ) farther from any hopes of reliefe then ever , being so remote from receiving satisfaction for their wrongs , that they still lye under the power of their former illegall sentences , bressures : and if times should alter , their witnesses or oppressours dye or miscarry ( as many of them have done ) or themselves depart this life before their causes fully determined , they and theirs should be left altogether remedilesse , and utterly ruined , without redresse . now i humbly beseech your honours , sadly to consider on the one side , what an heart-breaking , and grand discouragement it wil be , not only to these present sufferers , but to all others in future times to become publike martyrs for their country or religion : and on the other side , what a great encouragement it will prove to tyrants , oppressors in present and future times to exercise all manner of cruelties , and iniustice , if the remedy shall prove almost as bad as the disease , and poore oppressed suppliants in the highest degree , find either no reliefe at all , or such slow redresse of their grievances , as shall quite weare out their patience , and remainder of their decaied estates , and that even in parliaments ( where remedies in former times were most speedy , certaine ) and their oppressors , such dilatory proceedings against them , as shal be equivalent to impunity , and exempt both them , their heirs , and executors from rendring competent dammages , to those they have oppressed . i confesse the great publicke pressing occasions , warres and distractions in all our realms have bin the chiefe remora to your desired speedy reliefe of oppressed suitors , your punishment of delinquents , and may pleade your just excuse ; but yet i humbly supplicate you ( most noble senators ) so farre to commiserate the long unredressed grievances of these afflicted ones , as now at last to allot some vacant dayes each weeke , for the finall determination of their discontinued & almost forgotten complaints ; that they and theirs , may not have cause hereafter to lament , a failer of iustice even in the supremest court of iustice : the undelaied execution whereof both in point of reliefe and punishment , hath beene the chiefe support of our parliaments honour , and of the peoples love and assistance to parliaments . it is one of the principall clauses in * magna charta , wch our ancestors , and your honours have so much contended for , and we all have lately covenanted to maintaine , viz. we shall deny , nor deferre to no man ivstice or right . let it therfore be put in present reall execution , that so none may have cause to take up this mournfull complaint of solomon ; i returned and considered all the oppressions that are done under the sun : and beheld the teares of such as were oppressed , and they had no comforter : wherefore i praised he dead , that are already dead , more than the living that are yet alive , &c. and this through gods blessing will bee the speediest way to put a period to our wars , distractions , grievances , and gaine your honours highest reputation , grace favour with god , and all good men . now the good god strengthen both your hearts and hands to execute speedy * iustice , and iudgement for all that are oppressed , that the man of the earth may no more oppresse ; and crowne all your publike councells , enterprises with such happie successe , as may occasion all succeeding generations , to blesse god for you , as the best-deserving parliament ever yet assembled : which is the cordiall prayer of your honours most devoted servant , william prynne . a breviate of the life of wjlljam lavd , archbishop of canterbvrie , extracted out of his owne diarie . before any entrance made into the relation of the impeachment , or triall of the archbishop of canterburie , it will bee neither impertinent , nor unnecessary to present the world with a summary of his life , extracted for the most part out of his owne diary , written with his own hand , and found in his pocket upon search of his chamber in the tower . may 31. 1643. some passages whereof objected against him at his triall , are here totally omitted , and reserved for their proper place , to avoyd repetitions . hee was borne at redding in barkshire : octob. 7. 1573. of poore and obscure patents , in a cottage , just over against the cage : which cage since his comming to the arch-bishopricke of canterbury , upon complaint of master elveston ( that it was a dishonour the cage should be suffered to stand so neare the house , where so great a royall favourite , and prelate had his birth ) was removed to some other place ; and the cottage pulled downe , and new built by the bishop . in his infancie he was like to perish of a disease ( as he writes ) but that god reserved him to be a future scourge , yea plague to this church and state , and for another kinde of death . july 1589. hee came a poore scholler to oxford : june 1590. hee was chosen a scholler of saint john baptists colledge , june 1593. hee was admitted a fellow thereof , june 1594. hee proceeded batcheler of arts ; and july 1589. master of arts . june 4. 1600. he was made deacon : and aprill 5. 1601. he was made a priest by doctor young , bishop of rochester . anno 1602. he read a divinitie lecture in saint johns colledge , maintained by mistris may . may 4. 1603. he was chosen proctor of the universitie : and on september third next ensuing , hee became chaplaine to the earle of devonshire ; which after proved his great happinesse , and gave him hopes of greater preferments , as himselfe records . july 1604. he proceeded batchelour in divinitie : his supposition when he answered in the divinitie schooles for this degree , concerning the efficacie of baptisme , was taken verbatim out of bellarmine ; and he then maintained , there could bee no true church without diocesan bishops ; for which doctor holland ( then doctor of the chaire ) openly reprehended him in the schooles , for a seditious person , who would un-church the reformed protestant churches beyond the seas , and sow division betweene us , and them , who were brethren , by this novell popish position . decem. 26. 1605. he being the earle of devonshires chaplaine , married this earle to the lady rich , ( another mans wife ) at wansteed in essex : which day he puts into the catalogue of dayes of speciall observance to him , both in his diary , and the manuscript booke of his private devotions . october 26. 1606. docter ayry of queenes colledge , questioned him for a sermon then preached by him at saint maries , as conteining sundry scandalous , and popish passages in it . novem. 16. 1607. he was invested into the vicarage of stanford , in northamptonshire . anno 1608. he proceeded doctor in divinitie , and that yeare august 5. he was made chaplaine to doctor neale , then bishop of rochester ; septem. 17. 1609. he preached his first sermon to king james at theobalds : october 28. 1609. he was inducted into west-tilburie in essex , for which he exchanged his advowson of north-kilworth in leicestershire , to be neare his lord of rochester , dr. neale , who on may 25. 1610. gave him the rectory of cuckston in kent . october 2. 1610. he resigned his fellowship in saint johns colledge in oxford , and the same moneth fell sicke of a kentish ague , caught at his new benefice , which held him two moneths , whereupon he left cuckston and novem. 1610. was inducted into norton by proxy . in the midst of this sicknesse , the suite about the presidentship of saint johns began , in which there was great towsing . christmas 1610. the lord chancellour elsmeer complained against him to king james , being incited thereunto by docter abbot , then archbishop of canterburie , ( as he writes ) who alwayes opposed him , as foreseeing he would prove a dangerous fire-brand both in church , and state ; and a bitter enemy to the protestant religion , being then commonly reputed in oxford , a man cordially addicted to poperie , and a papist in heart , keeping companny with those who were most popishly affected . may 10. 1611. hee was chosen president of saint johns colledge , by one casting voyce , after much canvasing : which election was questioned and heard for three houres space before king james at tichburne , august 29. being the day of beheading saint john baptist . novem. 3. hee was sworne the kings chaplaine . april 18. 1614. doctor neale bishop of lincolne gave him the prebend of bugden , and after that the arch-deaconrie of huntington , decemb. 1. 1615. nov. 1616. king james gave him the deanerie of glocester , and in march following , he set forward with the king into scotland , and returned a little before him . august 2. 1617. hee was inducted into ibstocke , in leicestershire , in his returne from scotland . iune 1618. he set up a great organ in saint johns chappell : and april 2d . 1619 he fell suddainly dead for a time at wickham , in his returne from london , to oxford . ian. 22. 1620. he was installed prebend of westminster , having had the advouson of it ten yeares before . june 3. 1622. ( he writes thus in his diarie ) the kings gracious speech unto mee concerning my long service . he was pleased to say , hee had given me nothing but glocester , which he well knew was a shell without a kernell . his majestie gave mee the grant of the bishopprick of saint davids , june 29. being st. peters day . the generall expectation in court was , that i should then have beene made deane of westminster , and not bishop of saint davids . the king gave me leave to hold my presidentship of saint iohn baptist colledge in oxford in my commandam with the bishopricke of saints davids ; i was chosen bishop of saint davids , october , 10. 1621. i was consecrated bishop of saint davids . novem: 18. at london house chapple , by the reverend fathers , the lords bishops of london , worcester , chichester , ely , landaffe , oxon , the archbishop being thought irreguler , for casuall homicide , aprill 13 , 1622. the king renewed my commendam . aprill 16. 1622. i was with his majesty and the princes highnesse to give notice of letters i received of a treasonable sermon ( as he tearmes it ) preached in oxford on sunday , aprill 15. by one master knight of broad-gates , may 10. i went to the court to greenwitch , and came backe in a coach with the lord marquesse of buckingham . i then promised to give his lordship the discourse he spake to me for , june 8. being whitsunday , my lord marquesse of buckingham was pleased to enter into a nearer respect to me , the partjcvlers are not for paper . june 15. i became c. confessor ( as himselfe confessed , and said he held it his great honour ) to the duke of buckingham : who iune 16. trinity sunday , received the sacrament at greenwitch . iuly 5. 1622. he entered wales and visited his dioces , agust 15. he set forwards for london , and in christmas time december following he was thrice with the king , and reade over to him his answer to fisher which he desired might passe in the name of a third person , r. b. ( least he should be thought too much ingaged the reby against his freindes the papists . ) ianuary 11. 1622. he writes . my lord of buckingham , and i in the inner chamber at york house : quod beet deus salvator noster iesus christus . ianuary 29. i was instituted at peterborough to the parsonage of creeke given me in my commendam , and inducted into it , ianuary 31. munday february 17. the prince , and the marquesse buckingham set forwards very secretly into spaine , february 21. i writ to my lord of buckingham into spaine . march 31. 1623. i received letters from my l. of buckingham out of spaine ; and aprill 9. iune 13. and august 17. i received other letters from the duke out of spaine . iune 15. a very faire day till towards five at night , then great extremity of thunder and lightening , much hurt done , the lanthorne at saint iames his house blasted , the vane breaking , the princes armes to peeces , the prince then in spaine . it was their saint iames day stilo novo . october 3. 1623. i was with my lord keeper ( williams ) to whom i found some had done me very ill offices , october 31. i acquainted my lord duke of buckingham with that which passed betweene the lord keeper and me . decemb. 14. sunday night i dreamt that l. k. ( williams ) was dead ; that i passed by one of his men that was about a monument for him : that i heard him say , his lower lippe was infinitely swellen , and fallen , and he rotten already . this dreame did much trouble me . on munday morning i went about businesse to my l. k. of buckingham ; we had speech in the sheeld-gallery at white-hall : there i found that the l.k. had strangly forgotten himselfe to him ; and i thinke was dead in his affections . decem. 27. i was with my l.d. of buck. i found that all went not right with l. k. &c. he sent to speake with me , because he was to receive the next day . ianuary 11. my l. k. met me in the withdrawing chamber , and quarrelled me gratis . ianu. 14. i acquainted my l. d. of buck. with that which passed before betweene l. k. and me . febr. 6. my lord d. of buckingham , told me of the reconciliation of l. k. the day before , febr. 18. hee told me of the reconciliation and submission of l. k. and that it was confessed unto him , that his favour to me was a chiefe cause . invidia quo tendis &c. at ille de novo faedus pepigit . march 17. l. k. his complementing with me . &c. march 27. 1624. saterday easter even , my speech with my lord duke of buckingham about a course to ease the church in times of payment of the subsedies now to be given ; his promise to prepare both the king and the prince . easter munday i went and acquainted my lord keeper with what i had said to my lord duke : he approved it and said it was the best office that was done for the church this seaven yeares , and so said my lord of durham : they perswaded me to goe and acquaint my lords grace with what i had done , i went . his grace was very angry , asked what i had to doe to make any suite for the church ; told me never any bishop attempted the like at any time , nor would any but my selfe have done it . that i had given the church such a wound in speaking to any lord of the latie about it , as i could never make whole againe . that if my lord duke did fully understand what i had done , he could never endure me to come neere him againe . i answered , i thought i had done a very good office for the church , and so did my betters thinke . if his grace thought otherwise , i was sorry i had offended him , and i hoped being done out of a good minde , for the support of many poore vicars abroad in the country , who must needs sinke under three subsidies in a yeare , my error ( if it were one ) was pardonable : so we parted . i went to my lord duke and acquainted him with it , lest i might have ill offices done me for it to the king and the prince . sic deus beet me servum suum laborantem sub pressura eorum qui semper voluerunt mala mihi . may , 3. 1624. my lord duke of buckingham came to towne with his majesty sicke , and continued ill till saturday , may , 22. may 16. whitsunday night i watcht with my lord duke , this was the first fit that he could be perswaded to take orderly , may 18. tuesday night i watched with my lord duke , he tooke his fit very orderly , saturday he missed his fitt . june 8. tuesday , i went to new-hall to my l. duke of buckingham ; and came backe to london on friday . it is reported that the duke made the bishop at that time put off his gowne and cassocke , and then to dance before him like an hobgoblin to make him merry . may 29. and iune 4. he was marvellously troubled in his dreames concerning e. b. which dreames contained all the carriage of e. b. towards him , after which hee tooke his lasting leave of him , july 23. hee went to preach at his commendams of creeke and jbstocke , and to set things in order there august . 26. his hotsetrod on his foote , and lamed him so , that he was forced to stay a weeke longer in the country then he intended . september 9. 1624. my lord duke of buckingham consulted with me about a man that offered him a strange way of cure for himselfe and his brother . at that time i delivered his grace my copies of the two little bookes which he desired me to write out . september 25. my lord dukes proposall about an army and the meanes : and whether suttons hospitall might not , &c. october 10. i fell at night in passionem iliacam which had almost put me into a feaver , i continued ill 14. dayes , october 13. i delivered up my answere about suttons hospitall , november 26. i went to my l. keeper and had a messenger sent to bring up a salt-peeter man who had digged in the colledge , church at brecknock being too bold upon his commission , to answere that sacrilegious abuse . he prevented his punishment by death , december 23. i delivered my lord duke a littele booke about doctrinall puritanisme in some ten heads , which his grace had spoken to me that j would draw for him , that he might be acquainted with them , ian. 5. my l. duke of buckingham shewed me two letters of , &c. the falshood of , &c. ian. 15. the speech which i had with my l. duke at wallingford house , january 21. the businesse of my lady purbecke made knowne unto me by my lord duke , january 23. the discourse which my lord duke had with them about witches and astrologers , january 25. i acquainted my lord duke with my hard hap in my businesse with l. c. d. for which i had beene so often blamed , jan. 28. i tooke my leave of my lord duke . his wish that he had knowne k. l. sooner ; but &c. an 1625. march 27. advent sunday i preached at white-hall , when i went into the pulpit there was a prevayling rumour that king iames was dead : being called away with the dolor of the duke of buckingham i broke off my sermon in the midst . the king died that day of a tertian ague at theobalds , prince charles that day was proclaimed king , aprill 3. i delivered into the hands of the duke of buckingham briefe annotations upon the life and death of most renouned king iames , which he commanded me to describe ; the copy whereof found in the bishops study under his owne hand is here inserted . the memorables of our late deare and dread soveraigne king iames of famous memory . 1. he was a king almost from his birth . 2. his great clemency , that he should raigne so long and so moderatly , that knew nothing else but to raigne . 3. the difficult times in scotland during his minority , as much perplexed with church as state factions , 4. his admirable patience in those younger times , and his wisedome to goe by those many and great difficulties , till god opend him the wayes to his just inheritance of this crowne . 5. his peaceable entry into this kingdome , contrary to the feares at home , and the hopes abroad ; not without gods great blessing both on him and us . 6. his ability as strong in grace as nature , to forgive some occurrences . 7. the continuance of full 22. yeares raigne all in peace , without war , from forraine enemy or rebellion at home . 8. the infinit advantage which people of all sorts might have brought to themselves ▪ and the enriching of the state , if they would have used such a government with answerable care , and not made the worst use of peace . 9. gods great mercy over him in many deliverances from private conspirators and above the rest that which would have blowne up his posterity , and the state by gunpouder . 10. that in all this time of his raigne of england , he tooke away the life of no one noble man but restored many . 11. that the sweetnesse of his nature , was scarce to be paralleld by any other . 12. it is little lesse then a miracle that so much sweetnesse should be found in so great a hart , as besides other things sicknes , and death it selfe shewed to be in him . 13. clemency , mercy , justice , and holding the state in peace , have ever bin accounted the great vertues of kings , and they were all eminent in him . 14. he was not only apreserver of peace at home , but the great peace maker abroad , to settle christendome against the common enemy the turke , which might have beene a glorious worke , if others had beene as true to him , as he was to the common good . 15. he was in privat to his servants , the best master that ever was , and the most free . 16. he was the justest man that could sit betwene parties , and as patient to heare . 17. he was bountifull to the highest pitch of a king . 18. he was the greatest patron to the church which hath been in many ages . 19. the most learned prince that this kingdome hath ever knowne for matters of religion . 20. his integrity and soundnesse in religion to write , and speake , beleeve , and doe , live and die , one and the same , and all arthodox . 21. his tender love to the king his son , our most gratious soveraigne that now is , and his constant reverence in performance of all duties , to his father , the greatest blessing , and the greatest example of this and many ages . 22. the education of his majesty whome we now enjoy ( and i hope , and pray , that we may long and in hapinesse enjoy ) to be an able king , as christendome hath any the very first day of his raigne . the benefit whereof is ours , and the honour his . 23. his sicknesse from the begining more grevious then it seemed . a sharp melancholy humour set on fire , though usherd in by an ordinary tertian agu . 24. he was from the begining of his sicknesse scarce out of an opinion that hee should dye , and therefore did not suffer the great affaires of christendome to move him more then was fit , for hee thought of his end , 25. his devout receiving of the blessod sacrament . 26. his regall sensure of the moderate reformation of the church of england , and particulerly for the care of retayning of absolution , the comfort of distressed soules , 27 , his continuall calling for prayers , with an assured confidence in christ . 28. his death as full of patience as could be found in so strong a death . 29. his rest , no question , is in abrahams bosome , and his crowne changed into a crowne of glory . aprill 6. 1625. i gave the duke a schedule wherein the names of ecclesiasticall persons were described under the letters o. ( orthodox ) and p. ( puritans . ) the duke of buckingham himselfe commanded that i should thus digest then , to shew them ( as he said ) to king charles . aprill . 9. the duke of buckingham most venerable to mee by all titles , certified mee , that some body , i know not out of what envy , had blemished my name with king charles , his most excellent majesty , taking occasion from the error , into which ( i know not by what fate ) i fell heretofore in the case of charles earle of devon . december 26. 1605. the same day i received a command that i should repaire to the reverend bishop of winchester , and that i should demand , what he would have done in the cause of the church , and that i should bring backe his answer , especially in the 5. articles , &c. aprill 10. being sunday , after the sermon ended i went to the bishop , who was at his chamber at white-hall . i related what things i had received in command . he gave mee an answer . aprill 13. i related to the duke of buckingham what the bishop of winchester answered . at the same time he certified me what the king had resolved concerning the bishop of durham , clerke of the chappell to the king , and concerning a successor . aprill 17. easter day , the bishop of durham being sicke , i was by the said bishops petition to the illustrious earle of psmbrooke lord chamberlain , assigned to serve the kings majestie in the place of the clarke of the closet : which office i performed till the first of may , aprill 23. burton delivered a writing to the king . an. 1625. may 11.19.29 . i writ letters to the duke of buckingham , into france : may 30. i went to chelsey to the dutches of buckingham , june 5. i received letters from the duke of buckingham out of france ; i answered them the next morning . june 12. queene mary passing the seas , arrived on our shore about seaven of the clocke in the afternoone . god grant shee may bee an evening , and happie starre to our world . june 25. all the bishops which were then present , were brought in to kisse the queenes hand : shee received us with highest savour . july 3. king james appeared to me in dreames ; i saw him only swiftly passing by . hee was of a cheerfull and serene countenance . in the passage he saw mee , beckned to me , smiled , and suddainly was withdrawne out of my sight . iuly 7. 1625. richard mountague was brought into the lower house of parliament , &c. july 9. saturday , it pleased most excellent king charles to intimate to that house , that those things which were there spoken and determined concerning mountague , without his privitie , did not please him . iuly 11. the parliament was translated to oxford by reason of the plague iuly 13. i went into the countrie to the house of my most deare friend francis windebanke . as i was traveling thither richard mountague casually met me . i was the first who certified him of the kings favour towards him . iuly 31. i fell i knew not how in the parlour at saint iohns colledge in oxford , and hurt my left shoulder , and huckle-bone . august 21. i staied at brecon in wales : that night in a dreame , the duke of buckingham seemed to me to ascend into my bed ; where he carried himselfe with much love towards mee , after such rest wherein wearied men are wont exceedingly to rejoyce : and likewise many seemed to mee to enter the chamber , who did see this . not many dayes before , i seemed to see the dutches of buckingham that excellent lady , in a dream : at first she was much perplexed about her husband , but afterwards merry , and rejoycing , that she was freed from the feare of abortion ; that in due time she might be a mother again . aug. 24. my coach was twice overturned ; the first time i was in it ; the later it was emptie . decemb. 4. i was very much troubled by dreames . the duke of buckingham , his servants , and family , wholly tooke mee up . all things were not well ordered ; the dutchesse being ill , calls out her maids , and goeth to bed : det deus meliora . septem. 11. i dreamed that dr. theodore price , admonished me concerning ma : and that he was unfaithfull towards me , and revealed all things which he knew , and that i should beware of him , and no more &c. afterwards i dreamed of sacke croe , that he was dead of the plague , when as he had not been long with the king . septem. 26. i dreamed of the marriage of i knew not whom , at oxford : all present flourished with greene garments . i knew none but thomas flaxney : presently after , without any wakening , that i know of , i saw the bishop of worcester , having his head covered with linnen clothes . he friendly perswaded me , that i would dwell with them , at the place where the marches of wales was then kept : but not expecting my answer , himselfe answered , that hee knew i could not live so meanely . nov. 17. charles the duke of buckinghams sonne ( writes hee ) was borne , whom god blesse with all the good things of heaven and earth . janu. 4. and 23. i met to consult of the ceremonies of the kings coronation . and in january hee compiled the booke for the kings coronation , wherein hee altered the coronation oath ; executed the office of the deane of westminster at the coronation instead of , dr. williams , then deane of westminster bishop of lincolne , and lord keeper of the great seale , whom the king would not admit to be present at the ceremonies of his coronation . ianu. 29. i understood what the duke of buckingham collected , king charles had determined with himselfe concerning the cause , booke , and opinions of richard mountague . i seeme to see a cloud arising , and threatning the church of england : god for his mercy dissipate it . febr. 6. i preached before the king and nobles , at the beginning of the parliament . feb. 11. & 17. there was a conference at the duke of buckinghams , in the presence of many noble men , about mountagues appeale , and his popish and arminian tenents therein broached . bishop morton , and doctor preston opposing them , and he with doctor white defending them . febr. 21. the duke of buckingham ( writes he ) sent for me to come to him , then hee gave mee in command , that , &c. febr. 21. i sought the duke at chelsey . there i first saw his late borne heire charles ; but not finding the duke , i returned home , where i found his servant seeking me : i hastened with him , and found him in the court : i related what i had done , feb. 14. i was with the duke at his house almost three houres where with his owne hand , &c. he commanded me , that i should adde some thing , i obeyed his command , and brought it the next day . march 1. being saint davids day , there began a clamour in the lower house of parliament against the duke of bukingham by name , for staying a ship called the st. peter of newhaven , after sentence pronounced : from that day there were perpetuall agitations in that house , march 11. docter turner a physition , propounded in the house seaven questions , commonly called queres against the duke of buckingham ; yet grounded on no other foundation , then what hee received ( as hee said ) from publike fame . an. 1626. march 26. sunday the duke of buckingham sent mee to the king ; there i acquainted the king with 2. busines , which , &c. the most gratious king gave me thankes . march 29. king charles made a speech to both houses of parliament , both by himselfe , and by the most honourable lord keeper of the great seale , in the palace of white-hall : he reproved the lower house for many things . hee added many things concerning the duke of buckingham , &c. ( this speech of his was penned for him by this pragmaticall bishop , the originall coppie whereof was given in evidence against him under his owne hand : ) in the convocation held that day , many things were agitated concerning the sermon , which gabriell goodman bishop of gloster , preached before the king the fifth sunday of lent preceding . aprill 5. in the morning , the king sent that the bishops of norwich , litchfield , and saint davids , should appeare before him . i and the bishop of litchfield appeared ; the bishop of norwich was gone into the countrie . we received the kings command about , &c. and returned . aprill 12. at nine a clocke in the morning , the archbishop of canterbury , the bishop of winchester , and ( i ) bishop of saint davids met together , being commanded by the king to consult about the sermon which the bishop of glocester , doctor goodman preached before the kings majestie on the fifth sunday in lent : we consulted , and gave answer to the king , that some things were spoken lesse warily , nothing falsly : neither was any thing innovated by him , in the church of england . that it would be best he should preach againe at such time as he should chuse , and should shew how and in what things he was ill taken , and misunderstood by the auditors . that night after nine a clocke , i related to the king what i received in command the fifth of aprill , and other things thereunto belonging . the king spake many things most graciously concerning the restoring of impropriations , when as i should have first determined of the maner , aprill 14. the duke of buckingham fell into a feaver , aprill 19. the petition of iohn digby earle of bristoll against the d. of buckingham was read in the upper house of parliament ; it was sharpe and such as threatned destruction to one of the parties , aprill 20. king charles referred the cognisance of the whole businesse , and likewise of the petition of the earle of bristoll to the parliament house , aprill 21. the duke of buckingham sent for me to come to him ; then i heard what sir john cooke , principall secretary to the king had suggested against me to the l. treasurer of england , and he to the duke : domine miserere servi tui . aprill 22. sunday , the king sent that all the bishops should attend him at 4. of the clocke in the after noone , we were foureteene of us present : he reprehended us , that we were silent in the causes of the church , in this time of parliament , and did not make knowne to him , what might be profitable or unprofitable to the church , for that he was ready to promote the cause of the church . after this he commanded that in the causes of bristoll and buckingham our consciences being the guide , we should follow only proofes not rumours , aprill 30. i preached at whit-hall before the king . may 1. the earle of bristoll was accused of high treason in parliament by the kings atturney sir robert heath ; the said earle then and there exhibited 12. articles against the duke of buckingham , and accused him of the same crime , and exhibited other articles against baron conway , secretary ; the earle of bristoll was committed to iames maxwell keeper of the blacke rod . may 8. at two of the clock in the afternoon the lower house impeached the duke of buckingham to the upper house , saying 13. accusations to his charge ; the bishop though then a member of the upper house and a judge of this cause , was yet such a sworne vassall to the duke , that he penned his speech which he made to the lords in the upper house against the commons impeachment , and corrected and amended his answer to his impeachment , as his feed advocate in sundry particulers , given against him in evidence under his owne hand . and likewise penned the kings speech to the house of peeres , touching the duke , and the commitment of the earle of arundell , as appeares by the originall draught under his hand : concerning which speech he thus writes in his diary , may 11. king charles came to the parliament house he spake to the nobles in few words concerning the preservation of the honour of noble men ; against the vile and detestable calumnies of those of the lower house who accused the duke , &c. there were eight who discharged their allotted parts in that businesse . the prologue sir dudley diggs , and epilogue , sir iohn eliot , this day they were both by the kings command committed to the tower , and both of them enlarged within few dayes , may 25. because the e. of arundell ( then under restraint ) was not sent back to the house , nor the cause of his commitment revealed , there grew suspition that the priviledges were infringed and it was concluded amongst the peeres to adjourne the house till the next day . on which day ( may 26. ) they adjourned the house till the second of iune , resolving that they would do nothing till the earl were restored , or at least a cause of his commitment declared , &c. may 25. this day wherein these tumults were first moved was pope vrbans day ; & at this time vrban the 8. sits pope . iune 15. after many agitations , private malice against the d. of buckingham prevailed and suffocated all publike businesses , nothing is done , but the parliament dissolved . iune 20. king charles nominated me to be bishop of bath and wells , and likewise enjoyned me to preach at the solemne fast before him ; which i did at white-hall , iuly the 5. iuly 26. the king signed my congedeslier to the deane and chapter of wells to elect me bishop of bath and wells , iuly 27. doctor field bishop of landaffe brought me certaine letters from the most illustrous duke of buckingham , the letters were open and written partly in carecters , the duke sent them to me , that i should consult , one called swadling about them , who could read the characters august 4. i and swadling went to the duke , he read the letters , which were certaine malicious things , which the duke contemned , august 16. i was elected bishop of bath and wells , it was wednesday , and the letter d. august 25. two robin-red-breasts flew together through the dore into my study as pursuing one the other , that suddaine motion made me startle . i let them out as they had entered , i was then preparing a sermon on eph. 4.30 . september 14. in the evening the duke of buckingham said that i should reduce certaine instructions into forme , partly politicall , partly ecclesiasticall , in the cause of the king of denmarke , a little before afflicted by duke tilly , to be sent through all parishes . most breife heades are delivered to me , he would have them ready by saturday following , september 16. i prepared and brought them by the prefixed houre . i read them , he brought me to the king . there , being commanded , i read them once againe , both of them approve them , september 17 sunday they were proposed and read ( for i left the papers with the duke ) before the kings majesties honourable councell , and thanks be to god they were approved by all . september 18. my election to the bishopricke of bath and wells , was confirmed september 19 , i went my selfe to the king at theobalds who there presently restored me to the temporalities from the time of my predecessors death . what things happened betweene me and the lord baron conway the kings principall , secretary whiles we returned together , september 21. lancelot , andrewes bishop of winchester , and deane of the kings chapell died about foure a clocke in the morning september 30. the duke of buckingham certified me that the king had determined that i should succeed the bishop of winchester then dead , in the office of deane of the kings chappell , october 2. the same duke told me , what the king of that day , further determined concerning me ; if a. b. c. &c. ( that is , if the archbishop of canterburie died , to wit , that he should succeed him ) october 2 i went to the court which was at hampton , there i gave the king thanks for the deanery of the chapell he granted to me , whence i returned to london . october 6. i tooke the oath appointed for the deane of the chapell to take , in the chapple before the right honourable philip earle of mountgomery , lord chamberlaine , stephen boutin subdeacon ministring the oath ; november 14. or there about having taken an occasion both from the abrupt beginning and also ending of publique prayers on the 5th . of november , i requested of my gratious king charles , that he wold be present at the liturgy as wel as at the sermon every lords day , and that at whatsoever time of prayers he came , the preist who ministred should proceed to the end of prayers . the most religious king not only assented , but likewise gave me thanks . this was not done before , from the beginning of king iames raigne till this day ; now thankes be to god it takes place . december 21. i dreamed of the buriall of i know not whom , and that i stood by the dust , and i awaked sorrowfull , december 25. christmas day , i made my first sermon as deane of the chapell at white-hall . ianuary 6. i dreamed in the night , that my mother , dead long before , stood by my bed side , and drawing the curtaines a little looked chearefully upon me ; i was glad to see her looke so merrily . after that shee shewed me an old man dead long before , whom i knew , and loved whiles he lived ; he seemed to have laine on the ground , merry enough , but with a wrinckled face , his name was grove , whilest i prepared to salute him , i awaked . ianuary 8. i went to visit the duke of buckingham ; he rejoyced , and gave into my hands papers concerning the invocation of saints , which his mother gave him : i know not what priest gave them to her , ianuary 13. the bishop of lincolne desired reconciliation with the duke of buckingham , &c. ian. 14. towards the morning i dreamed that the bishop of lincolne i know not with whom , came with iron chaines , but returning freed from them , he leaped upon a horse , departed , neither could i overtake him ianuary 16. i dreamed that the king went out of a standing , and that when he was hungry i led him away at unawares into the house of francis windebancke my friend , whiles he prepared to eate ▪ i , whiles others were absent , held the city to him after the accustomed manner : i brought beare , but it pleased him not , i brought some again , but in a silver cup ; the most gratious king said ; thou knowest i alwayes drink out of a glasse ; i went againe , and awaked . ianu. 17. i shewed reasons to the king , why the papers of the deceased bishop of winchester , concerning bishops , that they are iure divino , were to bee printed , contrary to that which the bishop of lincolne miserably , and to the great detriment of the church signified to the king , as the king himselfe had told me formerly : febr. 7. i dreamed in the night , that i was sicke of the scurvey , and that all my teeth were suddainly loose , especially one in my lower jaw-bone , which i could hardly keep in with my finger , untill i might get help , &c. febr. 20. iohn fenton began the cure of a certaine itch , &c. febr 22. i tooke a journey towards new-market , where the king then was . march 8. i came to london : the night following , i dreamed i had been reconciled to the church of rome : this distracted me , and i wondred much whence it hapned ; being troubled at the scandall : and this my fall , which would weaken many excellent and learned men in the church of england . thus troubled in my dreame , i said with my selfe , that i would presently goe , and making confession , aske pardon of the church of england . as i was going to doe it , a certaine priest met me , and would hinder me ; but being moved with indignation , i went on my way ; and when i had wearied my selfe with wayward cogitations , i awaked . i felt such impressions , that i could scarce believe i had dreamed . march 12. i went with the king to theobalds . march 17. about midnight , i buried charles viscount buckingham , eldest and the only sonne of george duke of buckingham , being a yeare and neare 4. months old . march 27. 1627. i had this ensuing dreame . there were certaine legacies given to dame dorathy wright , widow of george wright knight , my familiar acquaintance . the legacies were 430l . and more given by a certain kinsman named farnham , to the widow and her children . at the instance of the widow , when as the executor denied or delayed to pay the legacies , i obtained letters from the most illustrious duke of buckingham in favour of the widow , ( for the duke was mr. of the horse , and the said george wright was one of the kings servants under him , ) when i had now the letters in my hand , and was about to give them to the widdow , to send into ireland , where the executor lived , this night george wright appeared to me in a dreame , dead at least two yeares before ; hee seemed to me very handsome , and merry enough . i told him what i had then done for his wife and children : he considering with himselfe a little , answered , that the executor had satisfied him those legacies whiles he was living , and presently looking into some papers in his study adjoyning , he added again , that it was so . and moreover he whispered me in the eare ; that i was the cause why the bishop of lincolne should not bee againe admitted into favour , and into the court . aprill 4. when king charles absolved doctor dun , about some slips in a sermon preached before him on sunday , aprill 1. that which he then most gratiously said to me , i writ in my heart in indeleble characters , with greatest giving of thanks to god , and the king . april 7. whiles i went to the court to wait on the king at supper , going out of my coach , my foot stumbling , i fell head-long . i never fell a more grievous fall , but through gods mercie , i escaped with the contusion of my hip , and that but lightly . april 24. the exceptions which the archbishop of canterburie exhibited , against the sermon of doctor sibtharpe , were first brought to mee : and those things which follow . april 29. sunday , i was made a privie councellour to the most illustrious king charles . i pray god to turne it to his honour , and to the good of this kingdome and church . ( this day he was by his majesties speciall command , sworne of his privie councell , sate at the board , and signed letters ; as his teste under the seale of the councell table , and sir william beechers hand , attests , found in his studdie among other writings ; which makes his ill advise to the king more criminall . ) may 13. whitsunday i preached before the king , &c. june 7.8 . i attended king charles from london to southwicke by portsmouth , iu. 11. his majestie dined a bord , the triumph , where i attended him . june 17. the bishoppricke or london was granted me at southwicke . iune 24. i was commanded to goe all the progresse . iune 27. the duke of buckingham set forwards , towards the isle of ree . iuly 4. the king lost a jewell in hunting , of 1000l : value . that day the message was sent by the king , for the sequestring of the archbish. . of canterburie . iuly 7. i dreamed that i had lost two teeth . the duke of buckingham took the isle of ree . iuly 26. i attended the king and queen at wellingburrough . iuly 29. the first news came from my lord duke of his successe : aug. 12. the second newes came from my lord duke to winchester , aug. 26. the third newes came to my lord duke to aldershot . septe . newes cames from my lord duke to theobalds , and after that to hampton court . i went to my lord of rochester to consider about the archbish. . of canterburie , and returned to hampton court . the kings speech to me in the withdrawing chamber ; that if any did , &c. i before any thing should sinke , &c. octo. the commission to the bishops of london , durham , rochester , oxford , and my selfe , then bath and wells , to execute archiepiscopall jurisdiction , during the sequestration of my lord g. of cant : ( which commission being of his own procurement , in malice and envie against archbishop abbot , ) shal here be inserted , for his casuall homicide of his keeper , in shooting at a bucke . charles by the grace of god , king of england , scotland , france , and ireland , defender of the faith , &c. to the right reverend father in god george bish. of london , and to the right reverend father in god , our trustie and well beloved councellour , rich. lord bishop of durham ; and to the right reverend fathers in god iohn , lord bishop of rochester , and iohn , lord bishop of oxford . to the right reverend father in god , our right trustie , and well beloved councellour , william lord bishop of bath and wells , greeting . whereas george , now archbishop of canterburie in the right of his archbishopricke hath severall and distinct archipiscopall , episcopall and other spirituall , and ecclesiasticall powers and jurisdictions to be exercised in the government , and discipline of the church , within the province of canterburie , and in the administration of justice in causes ecclesiasticall within that province , which are partly executed by himselfe in his owne person , and partly , and more generally by severall persons nominated and authorized by him , being learned in the ecclesiasticall lawes of this realm , in those severall places whereunto they are deputed and appointed by the said archbishop : which severall places , as we are informed , they severally hold , by severall grants , for their severall lives ; as namely sir henry marten knight , hath and holdeth by the grants of the said archbishop , the offices , and places of the deane of the arches , and judge , or master of the prerogative court , for the naturall life of the said sir henry marten , sir charles caesar knight , hath and holdeth by grants of the said archbishop , the places or offices of judge of the audience , and master of the faculties , for the terme of the naturall life of the said sir charles caesar , sir thomas ridly knight , hath and holdeth by the grant of the said archbishop , the place , or office of vicar generall , to the said archbishop . and nathaniell brent , doctor of the lawes , hath and holdeth by the grant of the said archbishop , the office or place of commissary to the said archbishop , as of his proper and peculiar dioces of canterburie : and likewise the severall registers , of the arches , prerogative , audience , faculties , and of the vicar generall , and commissary and of canterburie , hold their places by grants from the said archbishop respectively . whereas the said archbishop in some or all of these severall places and jurisdictions doth or may sometimes assume unto his personall and proper judicature , order or direction some particular causes , actions , or cases , at his pleasure . and for as much as the said archbishop cannot at this present in his owne person attend these services which are otherwise proper for his cognizance , and jurisdiction , and which , as archbishop of canterburie , he might and ought in his owne person to have performed and executed in causes and matters ecclesiasticall in the proper function of archbishop of that province . wee therfore of our regall power , and of our princely care and providence , that nothing should bee defective in the order , discipline , government , or right of the church , have thought sit by the service of some other learned and reverend bishops to be named by us to supply those things which the said archbishop ought or might in the cases aforesaid to have done , but for this present cannot performe the same . know yee therefore , that wee reposing especiall trust and confidence in your approved wisdomes , learning , and integritie , have nominated , authorized and appointed , and doe by these presents nominate , authorize , and appoint you the said george , lord bishop of london , richard lord bishop of durham , john lord bishop of rochester , john lord bishop of oxford , and william lord bishop of bath and wells , or any foure , three , or two of you to doe , execute , and performe all and every those acts , matters , and things , any way touching , or concerning the power jurisdiction or authoritie of the archbishop of canterburie , in causes or matters ecclesiasticall , as amply , fully , and effectually , to all intents and purposes as the said archbishop himselfe might have done . and we doe hereby command you and every of you to attend , performe , and execute this our royall pleasure , in and touching the premises , untill we shall declare our will and pleasure to the contrary . and we do further hereby will and command the said archbishop of canterburie quietly and without interruption to permit and suffer you the said george bishop of london , richard bishop of durham , john bishop of rochester , john bishop of oxford ; and william bishop of bath and wells , any foure , three , or two of you to execute and perform this our commission according to our royall pleasure hereby signified . and wee doe further will and command all and every other person & persons whom it may any way concerne in their severall places or offices to be attendant , observant , and obedient to you and every of you , in the execution and performance of this our royall will and command , as they and every of them will answer the contrarie at their uttermost perills . neverthelesse wee doe hereby declare our royall pleasure to bee , that they the said sir henry marten , sir charles caesar , sir thomas ridley , and nathaniell brent , in their severall offices and places aforesaid , and all other registers , officers , and ministers , in the severall courts , offices and jurisdictions appertaining to the said archbishop : shall quietly and without interruption , hold , use , occupie , and enjoy their severall offices and places , which they now hold by the grant of the said archbishop , or of any other former archbishop of canterbury , in such manner and forme , and with those benefits , priviledges , powers , and authorities , which they now have , hold and enjoy therein or there out , severally , and respectively , they and every of them in their severall places being attendant and obedient , unto you the said george bishop of london , richard bishop of durham , john bishop of rochester , john bishop of oxford , and william bishop of bath and wells , or to any foure , three , or two of you , in all things according to the tenor of this our commission , as they should or ought to have beene unto the said archbishop himselfe , if this commission had not beene had or made . in witnesse whereof wee have caused these our letters to be made patents , witnesse our selfe at westminster , the ninth day of october , in the third yeare of our raigne . edmondes , per ipsum regem . octo. the dean of canterburies speech , that the businesse could not goe well in the isle of re , there must be a parliament , some must be sacrificed ; that i was as like as any ; spoken to doctor w. the same speech after , spoken to the same man by sir dudly , diggs . i tould it when i heard it doubled : let me desire you not to trouble your selfe with any reports till you see me forsake my other friends , &c. ita , ch. r. the retreat out of the isle of re , november . my lord d. returned to court ; the countesse of purbecke censured in the high commission for adultery . december 25. i preached to the k. at whit-hall , ianuary 29. tuesday , a resolution at the councell table for a parliament to begin , march 17. if the shires goe on with levying mony for the navy , ianuary 30. wednesday my l. d. of buckinghams sonne was borne , new moone die 26. the l. george . feb. 5. tuesday , the straining of the backe , sinew of my right leg as i went with his majesty to hampton court , i kept in til feb. 14. saving that upon tuesday , saint valentines day , i made a shift to goe and christen my l.d. sonne , the l. george at wallingford house , march 7. i preached at the opening of the parliament , but had much a doe to stand , i continued lame long after . iune 1. an. 1628. whitsunday i preached at whit-hall , iune 11. my l.d. of buckingham voted in the house of commons to be the cause or causes of all grievances in the kingdome iune 12. thursday , i was complaind of by the house of commons for warranting d. manwarings sermons to the presse . iune 13. d. manwaring answered for himselfe before the lords , and the next day being saturday iune 14. was censured : after his censure my cause was called to the report . the same day the house of commons were making their remonstrance to the king . one head was innovation of religion , therein they named my lord the bishop of winchester and my selfe : one in the house stood up and said , now we have named these persons , le ts thinke of some causes why we did it : sir edward cooke answered , have we not named my lord of buckingham without shewing a cause , and may we not be as bold with them . this remonstrance was delivered to the king tuesday iune 17. thursday iune 26. the session of parliament ended and was proroged to oct. 20. tuesday iuly 1. my conge deslier was signed by the king , for the bishopprick of london iuly 15. saint swithin , and faire with us , i was translated to the bishoprick of london , the same day the l. weston was made lord treasurer : saturday august 9. a terrible salt rhume in my left eye , had almost put me into a feaver , tuesday august 12. my l. d. of buckingham went towards portsmouth to goe for rochell , saturday august 23. saint bartholemews eve , the d. of buckingham slaine at portsmouth by one leiutenant felton about 9. in the morning . august 24. the newes of his death came to croyden , where it found my selfe and the bishops of winchester , elye , and carlile , at the consecration of bishop mountague for chichester with my lords grace . what a professed votary and creature this bishop was to the d. of buckingham will appeare by these his speciall prayers for him , written with his owne hand , in his booke of privat prayers and devotions found in his chamber at the tower , p. 164.165.166 . much used , as is evident by the fouleing of the leaves with his fingers . pro duce buckinghamiae . gracious father i humbly beseech thee , blesse the * duke of buckingham with all spirituall and temporall blessings , but especially spirituall : make and continue him faithfull to his prince , serviceable to his country , devout in thy truth and church . a most happy husband and a blessed father , filled with the constant love and honour of his prince , that all thy blessings may flow upon himselfe , and his posterity after him . continue him a true-hearted freind to me thy poore servant , whom thou hast honoured in his eyes , make my heart religious and dutifull , to thee , and in , and under thee , true , and secret , and stout , and prudent in all things which he shall be pleased to commit unto me . even so lord , and make him continually to serve thee , that thou maist blesse him ; through jesus christ our only lord and saviour , amen . that he was privy to his iourney into spaine with prince charles , ( now our soveraign , which voyage was * purposly plotted to pervert him in his religion , and reconcile him to rome ) is apparent by this insuing prayer , annexed to the former . o most mercifull god and gratious father , the prince hath put himselfe to a great adventure . i humbly beseech thee make cleare way before him , give thine angells charge over him , be with him thy selfe in mercy , power , and protection , in every step of his journey , in every moment of his time , in every consultation and addresse for action , till thou bring him backe with safety , honour , and contentment to doe thee service in this place . blesse his most trusty and faithfull servant the lord duke of buckingham ; that he may be diligent in service , provident in businesse , wise and happy in councell , for the honour of thy name , the good of the church , the preservation of the prince , the contentment of the king , the satisfaction of the state : preserve him i humbly beseech thee , from all envy that attends him ; and blesse him that his eyes may see the prince safely delivered to the king and state . and after it live long in hapinesse to doe them and thee service through iesus christ our lord , amen . after this upon the dukes unhappy voyage to ree , ( which lost rochell , and all the protestant townes in france ) he made this speciall prayer for him . o most gratious god and mercifull father . thou art the lord of hosts , all victory over our enemies , all safety against them is from thee : i humbly beseech thee goe out with our armies , and blesse them ; blesse my deare lord the duke that is gone admirall with them , that wisedom may attend all his councells , and courage and successe , all his enterprises that by his and their meanes , thou wilt be pleased to bring safety to this kingdome , strength and comfort to religion , victory and reputation to our country . and that he may returne with the navy committed to him , and with safety , honour and love both of prince and people ; grant this for thy deare sonnes sake jesus christ our lord , amen . when this duke was slaine , he made this speciall prayer on that occasion , much daubed through frequent use , with his fingers . o mercifull god thy judgements are often secret , alwayes just : at this time they were temporally heavey upon the poore duke of buckingham , upon me , upon all that had the honour to be neare him . lord thou hast ( i doubt not ) given him rest , and light , and blessednesse in thee , give also i beseech the comfort , to his ladie ; blesse his children , uphould his freinds , forget not his servants , laye open the bottome of all that irreligious and gracelesse plot that spilt his blood . blesse and preserve the king from danger and from security in these dangerous times . and for my selfe o lord , though the sorrowes of my heart are inlarged in that thou gavest this most honourable freind into my bosome , and hast taken him againe from me , yet blessed be thy name , o lord , that hast given me patience . i shall now see him no more till we meet at the resurrection . o make that joyfull to us , and all thy faithfull servants . even for jesus christ his sake , amen . but to returne to his diary , where he proceeds thus , wednesday august 27 , mr. elphinston brought me a very gratious message from his majesty upon my lord duks death , august 30. as i was going out to meete the corps of the duke , which that night was brought to london , sir w. fleetwood brought me very gratious letters from the k. majesty written with his owne hand . tuesday september 19. the first time that i went to court after the death of the d. of buckingham my deare lord ; the gratious speech which that night the king was pleased to use to me , saturday sept. 27. i fell sicke and came sicke from hampton-court . tuesday , september ult. i was sore plucked with this sicknesse , &c. munday october 20. i was forced to put on a trusse for a rupture , i know not how occasioned , unlesse it were with swinging of a booke for my exercise in private , november 29. felton was executed at tiborne for killing the duke , and afterwards his body was sent to be hanged in chaines at portsmouth ; it was saturday and saint andrewes even and he killed the duke upon saturday saint bartholmews even . december 25. i preached at whit-hall . wednesday december 30. the statutes which i had drawne , for the reducing of the factious , and tumultuary election of proctors in oxford to severall colledges , by course , and so to continue , were passed in convocation at oxford , no voyces dissenting munday ianuary 26. the 240. greeke manuscrips were sent to london house ; these i got my lord of pembrooke to buy , and give to oxford . saturday night ianuary 31. i lay in court , i dreamed that i put of my rochet all save one sleeve , and when i would have put it on againe i could not finde it , friday february 6. sir thomas roe sent to london house 20. manuscripts in greeke to have a catalogue drawne , and the bookes to be for oxford . munday march 2. the parliament to be disolved , declared by proclamation upon some disobedient passages to his majesty that day in the house of commons , march· 10. thursday the parliament dissolved , the king present . the parliament which was broken up this march 10th . laboured my ruine . march 29. 1629. sunday , two papers were found in the deane of paules his yeard before his house , the one was to this effect , concerning my selfe , laud looke to thy selfe be assured thy life is sought , as thou art the fountaine of all wickednesse ; repent repent thee of thy monstrous sinnes before thou be taken out of the world &c. and assure thy selfe , neither god nor the world can endure such a vile counceller to live , or such a whisperer , or to this effect . the other was as had as this against the lord treasurer : master deane delivered both papers to the king that night . lord i am a grevious sinner , but i beseech thee deliver my soule from them that hate me without a cause . aprill 2 maunday thursday as it came this yeare about three of the clocke in the morning the lady dutches of buckingham was delivered of her sonne , the lord francis villiers , whom i christened , tuesday 21. i preached : wednesday , may 13. this morning about three of the clocke , the queene was delivered before her time of a sonne , he was christened and dyed within short space . his name charles . this was ascention eve . may 14. the next day being ascention day , paulo ante mediam noctem : i buried him at westminster . if god repaire not this losse , i much feare , it was descention day to this state , august 14. dies erat veneris , i fell sicke upon the way towards the court at woodstooke , i tooke up my*lodging at my ancient freinds house master francis windebancke , there i lay in a most grevious burning feaver till munday september 7. on which day i had my last fit , i was brought so low that i was not able to returne towards my owne house at london till tuesday october 20. i went first to present my humble dutie and service to his majesty at denmarke house munday october 26. after this i had divers plunges , and was not able to put my selfe into the service of my place till palme sunday which was march 21. aprill 10. the earle of pembrooke lord steward being chancellor of the vniversity of oxford dyed of an apoplexy , aprill 12. the vniversity of oxford chose me chauncellor , and word was brought me of it the next morning . wednesday aprill 28. the vniversity came up to the ceremony , and gave me my oath . saturday may 29. prince charles was borne at saint iames paulo ante horam primam post merediem , i was in the house three howres before , and had the honour and the happines to see the prince before he was full one hower old . ( the king sent this letter to him under the privy signet to give him notice of the princes birth . ) charles rex . right reverend father in god , right trustie and well beloved councellour , we greet you well , whereas it hath pleased god of infinite grace and goodnesse , to vouchsafe unto us a sonne , borne at our manour of saint jamses , the 29th . day of this present moneth of may , to the great comfort not only of our selves in particular , but to the generall joy , and contentment of all our loving subjects , as being a principall meanes for the establishment of the prosperous estate and peace of this and other our kingdomes whose welfare wee doe , and will ever preferre before any other earthly blessing that can befall us in this life . we therefore according to the laudable custome of our royall progenitors in like case heretofore used , have thought fit to make knowne unto you these glad tydings , being well assured , that with all dutifull and loving affection , you will imbrace whatsoever may make for the prosperous advancement of the publike good and to this purpose , we have sent these our letters unto you , by our trustie and welbeloved servant , sir william segar , knight of the garter , principall king of arms , being an officer of honour , specially by us , hereunto appointed for the more honourable expression of our good affection to you ; given under our signet , at our pallace of westminster , the last day of may : in the sixth yeare of our raigne , ex per kirkham . to the right reverend father in god , our right trustie , and well beloved councellour , william , lord ●●th . of london . sunday , may 27. i had the honour as deane of the chappell , my lords grace of canterburie , being infirme , to christen prince charles at saint jamses . hora fere quinta pomeridiana . sunday aug. 22. i preached at fulham , &c. wednesday , octo. 6. i was taken with an extreame cold , and lamnesse as i was waiting upon st. george his feast at windsor , and forced to returne to fulham , where i continued ill about a weeke . friday octo. 29. i removed my family from fulham , to london house . thursday , novem. 4. leighton was degraded at the high commission . tuesday 9. of novem. that night leighton broke out of the fleete ; the warden sayes he got , or was helped over the wall . the warden professes he knew not this , till wednesday noone , he told it not me till thursday night , he was taken againe in bedfordshire , and brought backe to the fleete , within a fortnight . novem. 26. friday , part of his sentence was executed upon him at westminster . tuesday , decem. 7. the king swore the peace with spaine . don carlo coloma was ambassadour . december 25. i preached to the king christmas day , ianuary 16. sunday , i consecrated saint katharin creed-church , in london . janu. 21. the lord wentworth , lord president of the north , and i , &c. in my little chamber at london house , friday . janu. 23. i consecrated the church of saint giles in the fields . febr. 23. ashwensday , i preached in court at white-hall : march 20. sunday , his majestie put his great case of conscience to me about , &c. which i after answered . god blesse him in it . march 27. 1631. coronation day , and sunday i preached at saint pauls crosse . easter munday . aprill . 10. i fell ill with the great paine in my throat for a weeke . it was with cold taken after heate in my service . and then with an ague . a fourth part almost of my family were sicke this spring . tuesday june 7. i consecrated the chappell at hamer-smith . saturday june 26. my nearer acquaintance began to settle with d. s. i pray god blesse us in it . janu. 26. my businesse with l. t. &c. about the trees which the king had given me in shotover , towards my building in saint johns at oxford , which worke i resolved on in novemb. last . and published it to the colledge , about the end of march : this day discovered unto me , that which i was sorry , to find in l. t. ( weston ) and p. c. ( cottington ) sed transeat . july 23. the first stone was layd of my building at saint johns . aug. 23. in this june , and july were the great disorders in oxford , by appealing from doctor smith , then vice chanceler . the chiefe ring-leaders were , master foord of magdalen-hall , and mr. thorne of bailiell colledge . the proctors , master atherton bruch , and master john doughtie receaved their appeales , as if it had not beene perturbatio pacis , &c. the vicechancelor was forced in a statutable way to appeale to the king . the king with all the lords of his councell , then present , heard the cause at wood-stocke . aug. 23. 1631. being tuesday in the afternoone ; the sentence upon the hearing was , that foord , thorne , and hodges of exeter colledge , should be banished the vniversitie , and both the proctors were commanded to come into the convocation house , and there resigne their office , that two others might be named out of the same colledges : dr. prideaux , rector of exeter colledge , and doctor wilkinson , principall of magdalen-hall , receaved a sharp admonition for their mis-behaviour in this businesse . munday aug. 29. i went to brent-wood , and the next day began my visitation there , and so went on and finished it . friday , nov. 4. the lady mary princes , borne at saint jamses , inter horas quintam & sextam matutinas . it was thought she was borne three weekes before her time . decemb. 25. i preached at court . febr. 15. i preached at court , ashwednesday , febr. 19. d.s. came to my chamber , troubled about going quite from court at spring . 1. sunday in lent after sermon . april 1. 1632. i preached at court . saturday , may 26. trinitie sunday eve , i consecrated the lord treasurers chappell at roehampton . may 29. tuesday , my meeting and setling upon expresse termes with , k.b. in the gallerie at green-witch , in which businesse god blesse me . june 15. master francis windebanke , my old friend was sworne secretarie of state , which place i obtained for him of my gratious master , king charles . june 18. munday , i married my lord treasurer westons eldest sonne to the lady francis , daughter to the duke of lenox : at roehampton . june 25. d. s. with me at fulham . cum ma : &c. july 10. doctor juxon , the deane of worcester ; at my suite , sworne clarke of his majesties closet , that i might have one , that i might trust weare his majestie , if i grew weake , or infirme , as i must have a time . july 17. i consecrated the church , at stanmore magna , in middlesex , built by sir john walstenham . decemb. 2. sunday , the small-poxe appeared upon his majestie , but god be thanked he had a very gentle disease of it . decemb. 27. thursday , the earle of arundell set forward toward the low-countries , to fetch the queene of bohemia , and her children . decemb. 25. i preached to the king , christmas day , janu. 1. my being with k. b. this day in the afternoone , troubled me much , god give mee a good issue out of it . january 15. k. b. and i unexpectedly came to some clearer declaration of our selves , which god blesse , &c. febr. 11. munday night , till tuesday morning , the great fire upon london bridge , many houses burnt downe . wednesday febr. 13. the feoffees , that pretended to buy in impropriations , were dissolved in the chequer chamber . they were the maine instruments for the puritan faction , to undoe the church . the criminall part reserved , febr. 18. thursday , master chancellour of london . doctor ducke brought me word , how miserably i was slandered by some seperatists : i pray god give me patience , and forgive them , march 6. ashwensday , i preached at white-hall . aprill 13. 1633. the great meeting at the counsell table , &c. when the earle of holland made his submission to the king . may 13. munday i set out of london to attend king charles into scotland , may 24. the king was to enter into yorke in state , june 6. i came to barwicke : that night i dreamed , that k. b. sent to mee in westminster church ; that hee was now as desirous to see me , as i him ; and that hee was then entring into the church : i went with hope , but met another in the middle of the church ; who seemed to know the businesse , and laughed , but k. b. was not there . june 8. whitsun . eve , i received letters from k. b. unalterable , &c. by this if i returne . i shall see how true or false my dreame is , &c. saturday , june 15. i was sworne councellor of scotland , june 18. tuesday after trinitie sunday . k. charles crowned at holy-rood church in edenborough . i never saw more expressions of joy ; then were after it , &c. june 19. wednesday , i received second letters from k. b. no changling , &c. within three houres after other letters from k. b. believe all that i say &c. june 29. friday , letters from k. b. no d. true if not to my contentment , &c. june 30. i preached to his majestie in the chappell in holy-rood house at edenborough . july 1. munday i went over forth , to brunt iland . july 2. tuesday to saint andrewes . july 3. wednesday , over taye to dundee . july 4. thursday to faukland july 7. sunday to s. johnston . july 8. munday to dumblaine , & stirling , my dangerous , & cruel journey crossing part of the hilands by coach , which was a wonder there : july 9. tuesd . to lithcoe , and so to edenborough . july 10. wednesday , his majesties dangerous passage from brunt iland to edenborough . july 11. thursday , i began my journie from edenburgh towards london . july 13. friday , that night at anderweeke , i dreamed that l. l. * ( the bishop of lincolne ) came and offered to sit above me at the councell table , and that l. h. came in and placed him there . july 20. saturday , the king came from scotland to greenwich , having come post from barwicke in foure dayes . friday , july 26. i came to my house at fulham , from scotland . july 28. sunday , k. b. and i met ; all the strange discourses mistaken , i went away much troubled , but all setled againe well . aug. 3. saturday following , sunday aug. 4. news came to court of the lord archbishop of canterburies death , and the king-resolved presently to give it me , which he did . aug. 6. aug. 4. that very morning at greenwich , there came one to me seriously , and that avowed abilitie to performe it , and offered mee to bee a cardinall : i went presently to the king , and acquainted him both with the thing and person . aug. 7. wednesday , absolute settlement betweene me and k b. after i had made knowne my case at large . god blesse me in it . aug. 14. wednesday . a report brought me , that i was poysoned . aug. 17. saturday . i had a serious offer made me againe to be a cardinall , i was then from court , but so soone as i came thither ( which was wednesday . aug. 21. i acquainted his majestie with it : but my answer againe was , that some what dwelt within mee , which would not suffer that , till rome , were other then it is . aug. 25. sunday , my election to the archbishopprick was returned to the king , then being at wood-stocke , sep. 19. i was translated to the archbishopricke of canterburie , the lord make me able , &c. the day before , when i first went to lambeth , my coach-horses and men sunke to the bottome of the thames in the ferry-boate , which was over laden , but i praise god for it , i lost neither man nor horse . novem. 13. wednesday , richard boyer , who had formerly named himselfe lodowick was brought into the starre-chamber , for most grossely misusing me , and accusing me , of no lesse then treason , &c. he had broke prison for felony when he did this . his censure is upon record . and god forgive him . about the beginning of this moneth , the lady davis ; prophesie against me , that i should very few dayes out-live the fift of novem. and a little after that , one greene came into the court at saint jamses , with a great sword by his side , swearing the king should doe him justice against me , or he would take another course with me . all the wrong i ever did this man was , that being a poore printer , i procured him of the company of the stationers five pounds a yeare during his life . god preserve mee and forgive him ; hee was committed to new-gate . sunday , novem. 24. in the afternoone , i christned king charles his second sonne , james duke of yorke , at saint jamses decem. 10. & 29. twice or thrice in the interim , i advertised his majestie of the false-hood and practise that was against me by l. t. &c. this brake out then . march 30. 1634. palme sunday i preached to the king at white-hall may 13. i received the seales of my being chosen chanceller of the vniversity of dublin in ireland ; to which office i was chosen september 14. 1633. there were now & somewhat before great factions in court , and i doubt many private ends followed to the prejudice of publicke service . good lord preserve me , iune 11. wednesday master pryn sent me a letter about his censure in the starre chamber for his histriomastix , and what i said at that censure , in which he hath many wayes , ( hath no wayes ) mistaken me , and spoken untruth of me , iune 16. i shewed this letter to the king and by his command * sent it to master atturney noye , june 17. master atturney sent for mr. pryn to his chamber , shewed him the letter , asked him whether it were his hand . mr. pryn said he could not tell unles he might read it , the letter being given into his hand , * he tare it into small peeces , & threw it out at window , fearing it seemes an ore tenus , for this , iune 18. mr. * atturney brought him into the star-chamber where all this appeared , i there forgave him iuly 26. i received word from oxford that the statutes were accepted , and published according to my letters in the convocation house that weeke , august 9. saturday master william noy , his majesties attorney generall , died at brainford , circa horam noctis decimam ; and sunday morning august 10. his servant brought me word of it , to croyden before i was out of my bed , * i have lost a deare freind of him , and the church the greatest she had of his condition since she needed any such , august 11. one robert seale of saint albons came to me at croydon and told me somewhat wildly about a vision he had at shrovetide last , about not preaching the word sincerely to the people : and a hand appeared unto him and death , and a voyce bid him goe tell it the metropolitan of lambeth , and made him sweare he would do so , and i beleive the poore man was over-growne with phansie : so i troubled my selfe no further with him or it , aug. 30. saturday at oatelands the queene sent for me , and gave me thankes for a businesse , with which she trusted me , her promise then that she would be my freind , and that i should have immediate addresse to her when i had occasion , september 30. i had almost fallen into a feaver with a cold i tooke , and it held me about three weekes , december 1. munday my ancient freind e. r. came to me and performed great kindnesse which i may not forget , dec. 4. ian. 8 i maried the lord charles harberts , and the ladie marie daughter to the duke of buckingham in the closet at white-hall , february 5. thursday i was put into the great committee of trade , and the kings revenew , &c. sunday march 1. the great businesse which the king commanded me to thinke on , and give him account , and l. t. saturday march 14. i was named one of the commissioners for the exchequer upon the death of richard lord weston , lord high treasurer of england . that evening k. b. sent to speake with me at white-hall , a great deale of free and cleare expression , if it will continue : munday march 16. i was called against the next day into the forraign committee by the king , march 22. palme sunday i preached to the king at white-hall , apr. 9. an. 1635. and from thence forward all in firme kindnesse between k.b. and me . may 18. whitsunday at greenwitch my account to the queene put off till trinity sunday , may 24. then given her by my selfe . and assurance of all that was desired by me , &c. may , iune , iuly . in these moneths the troubles at the commission for the treasurye . and the difference which hapned betweene the lord cottington and my selfe , &c. saturday july 11. wednesday iuly 22. two sadde meetings which k. b. and how occasioned , july 12. sunday at theobalds the sope businesse was ended , and settled againe upon the new corporation , against my offer for the old sope-boylers , yet my offer made the kings profit double two yeres after the new corporation was raised ; how it is performed let them looke to it , whom his majesty shall be pleased to trust with his treasurers staffe . in this businesse , and some other of great consequence , during the commission for the treasury : my old friend sir f. w. forsooke me , and joyned with the lord cottington , which put me to the exercise of a great deale of patience , &c. september 2. wednesday i was in attendance upon the king at woodstocke , and went thence to cudsden to see the house which doctor iohn bancroft then lord bishop of oxford , had there built to be a house for the bishops of that sea for ever . he having built that house at my perswasion , september 3. thursday i went privatly from the bishop of oxfords house at cudsden to saint iohns in oxford to see my building there , and give some directions for the last furnishing of it , and returned the same night staying there not two houres , sept. 23. i went to saint pauls to view the building and returned that night to croyden , september 29. . the e. of arundell brought an old man out of shropshire . he was this present michalmas day shewed to the king & the lords for a man of 152. or 153. yeares of age , october 26. munday , this morning betweene foure and five of the clocke lying at hampton court , i dreamed ▪ that i was going out in hast , and that when i came into my outer chamber . there was my servant w. pennell ; in the same riding suit which he had on that day senight at hampton court with me : me-thoughts i wondered to so him , ( for i left him sick at home , ) and asked him how hee did and what he made there ? and that he answered me , he came to receive my blessing , and with that fell on his knees : that hereupon i layed my hand on his head and prayed over him , and therewith awaked . when i was up i told this to them in my chamber , and added that , i should , find pennell dead or dying : my coach came and when i came home i found him past sence , and giving up the ghost ; so my prayers ( as they had frequently before ) commended him to god . nov. 22. saturday charles elector palatine , came to white-hall to the king . november . 30. saint andrews day , munday charles prince elector palatine , the kings nephew , was with me at lambeth , and at solemne evening prayer , december 14. munday charles prince elector , came suddenly upon me , and dined with me at lambeth , december 25. christmas day , charles prince elector , received the communion with the king at white-hall , he kneeled a little beside on the left hand . he sate before the communion upon a stoole by the wall before the traverse , and had another stoole , and a cushine before him to kneele at , december 28. munday jnnocents day , about 10. at night , the queene was delivered at saint iamses of a daughter , princesse elizabeth , i christened her on saturday following , ianuary 2. tuesday . february 2. candlemas day my nearer care of i. s. was professed and his promise to be guided by me , and absolutly setled on friday after , february 5. february 28. i consecrated doctor roger manwaring bishop of saint davids , march 6. sunday william iuxon lord bishop of london made lord high treasurer of england , no church-man had it since henry the 7ths . time : i pray god blesse him to carry it so , that the church may have honour , and the king and the state service and contentment by it . and now if the church will not hold up themselves under god , i can doe no more . aprill 7. 1636. thursday the bill came in this day that two dyed of the plague at white-chappell , god blesse us through the yeare , may 16. munday the settlement between l. m. st. and me , god blesse me , may 17. tuesday i visited the deane and chapter of saint paules london &c. may 19. thursday the agreement between me and l. k. ch : which began very strangly , and ended just as i thought it would , iune 21. tuesday my hearing before the king about my right to visit both the vniversities iure metropolitico . it was ordered with me ; the hearing was at hampton court iune 22. wednesday , the statuts of oxford finished , and published in convocation . august 3 wednesday night towards the morning , i dreamed , that l. m. st. came to me the next day , and shewed me all the kindnesse i could aske . and that thursday , august 4. he did come and was very kind towards me , somnijs tamen haud multum fido , august 19. friday ▪ i was in great hazard of breaking my right legge , august 19. munday king charles and queene mary entered oxford , being to be there entertained by me as chauncellor of the vniversity . august 30. on tuesday i entertained them at saint iohns colledge . it was saint felix his day and all passed happily . charles prince elector palatin , and his brother prince rupertus was there , these two were presented in convocation , and with other nobles were made masters of arts , wednesday august 31. they left oxford , and i returned home-wards the day after , having first entertaind all the heads of houses together , october 14. friday night i dreamed marvelously that the king was offended with me , and would cast me off ▪ and tell me no cause why . avertat deus , for cause i have given none , november 20. sunday night my fearefull dreame , master cob brought me word &c. december 24. saturday night christmas eve that night i dreamed i went to se●●e m. st. and found him with his mother sitting in the roome , it was a faire chamber , he went away and i went after , but missed him , and after tyred my selfe extreamly , but neither could i find him , nor so much as the house againe . march 30. 1637. thursday i christened the lady princesse anne , king charles his second daughter , shee was borne on friday march 17 : iune 10. my book of records in the tower which concerned the clergy , and which i caused to be collected and written in vellam , was brought me finished . t is ab . a. 20. ed. 1. ad . an. 14. ed. 4. iune 14. this day io. bastwicke doctor of physicke . henry burton batchellor of divinity , and william prynne barrester at law , were censured for their libells against the hierarchy of the church , iune 26. the speech j then spake in the starre chamber was commanded by the king to be printed ; and it came out iune 25. iune 26. this day munday the prince elector and his brother prince rupert began their journey towards the sea side , to returne for holland , iune 30. friday . the above named three libellers lost their eares , iuly 7. friday a note was brought to me , of a short libell pasted on the crosse in cheapside . that the arch-bishop of canterbury had his hand in persecuting the saints , and shedding the blood of the martyrs , memento for the last of iune , tuesday july 11. doctor williams l. bishop of lincolne was censured in the star-chamber for tampering and corrupting of witnesses in the kings cause , iuly 24. being munday , he was suspended by the high commission , &c. august 3. thursday , i married iames duke of lennox to the lady mary villars , sole daughter to the lord duke of buckingham , the mariage was in my chappell at lambeth , the day raynie ▪ the king present , august 23. wednesday my lord major sent me a libell found by the watch at the south-gate of paules . that the devill had left that house to me , &c. aug. 25. friday another libell brought to me by an officer of the high commission , fastned to the northgate of saint pauls ; that the government of the church of england is a candle in the snuffe going out in a stench . the same day at night my lord major sent me another libell , hanged upon the standard in cheapside : my speech in the starr-chamber set in a kinde of pillery , &c. tuesday , aug. 29. another short libell against me in verse . sunday , oct. 22. a great noise about the perverting of the lady new-port ; speech of it at the councell ; my free speech there to the king concerning the increasing of the roman partie ; the freedom of denmarke house , the cariage of mr. walter mountague , and sir toby mathew . the queene acquainted with all i said the very night , and highly displeased with me , and so continues . decem. 12. tuesday . i had speech with the queene a good space , and all about the businesse of master mountague , but we parted faire . aprill 29. 1638. the tumults in scotland about the service-booke , offerd to bee brought in , began july 23. 1637. and continued increasing by fitts , and hath now brought that kingdome in danger . no question but there is a great concurrence between them , and the puritan partie in england , a great ayme there to destroy mee in the kings opinion , &c. may 26. saturday , james lord marquis hamilton , set forth as the kings commissioner to appease the tumults in scotland . god prosper him , for god and the king . june , my visitation then began of merton colledge in oxford , by my visitors , was adjourned to my own hearing , against and upon oct. 2. oct. 2.3 , 4. i sate upon this busines these 3. dayes , and adjourned it to july 1. inter horas primam & tertiam , lambeth . the warden appeared very soule . oct. 19. news was brought to us as we sate in the star-chamber , that the queen-mother of france was landed at harwitch . many and great apprehentions upon this busines . oct. 31. the queen-mother came into london and so to st. jamses . nov. 13. the agreement between me , and a.s. &c. november 21. wednesday , the generall assembly in scotland began to sit . november . 29. thursday , the proclamation issued out for dissolving of the great assembly in scotland under paine of treason . decemb. 20. they sate notwithstanding and made many strange acts till december 20. which was thursday . and then they rose . but have indicted another assembly against july next . feb. 10. my booke against fisher the jesuite , was printed , and this day being sunday , i delivered a coppy to his majestie : tuesday , feb. 12. that night i dreamed that k. c. was to bee married , to a ministers widdow : and that i was called upon to do it : no service-booke could bee found , and in my owne booke , which i had , i could not finde the order for marriage . wednesday , coronation day , march 27. 1639. king charles tooke his journey northward , against the scottish covenanting rebells . god of his infinite mercy blesse him with health and successe . aprill 3. wensday , before the kings going , i setled with him a great businesse for the queene , which i understood she would never move , for her selfe . the queene gave me great thankes . and this day i waited purposely on her , to give her thankes , for her gratious acceptance , she was pleased to be very free with me , and to promise mee freedome . aprill 29. munday , this day the king went from yorke towards new-castle , but stayes at durham , for a weeke at least , may 28. his majesty incamped two myles west from barwick , by tweade . june 4. whitsun-tuesday , as i was going to doe my duty to the queene , an officer of the lord majors met me and delivered mee two very seditious papers ; the one to the lord major and aldermen ; the other to excite the apprentices , &c. both subscribed by john lilburne , a prisoner in the fleete , sentensed in the starre-chamber , &c. june 5. wednesday , i delivered both these to the lords of the councell . saturday , june 15. munday , june 17. the peace concluded betweene the king and the scottish rebells . god make it safe and honourable to the king , and the kingdome , jun. 28. friday , i sent the remainder of my manuscripts to oxford , being in number 576. and about 100. of them were hebrew , greeke , arabicke , and persian , i had formerly sent them above 700. volumes . aug. 1. thursday his majestie came backe from his northerne journey , to theobalds , and to white-hall , on saturday aug. 3. many varieties since the assembly held and ended in scotland . the bishops thrust out , the parliament there sitting . oct. 11. and 12. friday and saturday , the spanish navie was set upon by the hollanders , in the downes . the fight began to be hot , when they were past dover . they were in all neare 60. sayle . the spaniards suffered much in that fight : not without our dishonour , that they should begin the fight there : but this is one of the effects of the scottish dareings . munday , december 2. a. sh : my chirurgion in trust , gave me great and unexpected ease in my great infirmitie . but after the weakenesse continued . thursday , decemb. 5. the king declared his resolution for a parliament , in case of the scottish rebellion : the first movers to it , were my lord deputie of ireland , my l. m. hamilton , and my selfe . and a resolution voted at the boord , to assist the king in extraordinary wayes , if the parliament should prove peevish , and refuse , &c. friday , janu. 24. at night , i dreamed that my father ( who dyed 46. yeares since ) came to me , and to my thinking he was as well , and as cheerfull , as ever i saw him ; he asked mee what i did there : and after some speech , i asked him , how long hee would stay with me ? he answered , he would stay till he had me along with him . i am not moved with dreames , yet i thought fit to remember this . janu. 26. sunday , i received the queenes gracious assurance of her favour , in the businesse which his majestie had committed to me with othess . aprill 13. 1640. munday the parliament sate downe , called about the rebellion of scotland ; aprill 14. tuesday ; the convocation began at saint paules , aprill 28. friday , the hot contestation in the lords house which should have praecedence , the kings supply , or the subjects greivances ? voted in the upper house for the king , may 5. thursday , the parliament ended , and nothing done , the convocation continued , may 9. saturday , a paper pasted upon the old exchange , animating prentises to sacke my house , upon the munday following , early , may 11. munday night at midnight my house at lambeth was beset with 500 persons of the rascall routous multitude ; i had notice & strengthened the house as well as i cold , & god be blessed i had no harme , since i have got canons & fortified my house as well as i can , & hope all may be safe : but yet libells are continually set up in all places of note in the city , may 21. thursday , one of the chiefe being taken was condemned at southwark & hanged & quartered on saturday morning following may 13. but before this may 15. some of these mutinus people came in the day time and brake the white-lyon prison and let loose their fellowes , both out of that prison , and the kings bench , and the other prisoners also out of the white-lyon , may 29. friday , the convocation sate after the ending of the parliament , till may 29. and then ended , having made in that time 17. canons , which i hope will be usefull to the church . may 29. the bishop of glocester , godfrey goodman , suspended for notorious scandall to the church , in refusing , first to subscribe to the canons , and after to professe a reservation . hee had long before beene suspected , as inclining to popery . the canons were all voted , nemine dissentiente ; save this bishop , who had in generall consented before . july 10. friday i tooke my oath to the new canons at the councell table , and so did my lord bishop of london , and after him the bishop of glocester submitted himselfe , and tooke the oath , and was released out of prison , by the kings command . july 22. i christned the kings young sonne , henry , at oatlands ; the queene was there happily delivered of him , on wednesday , july 8. being the day of the solemn fast , about 6. of the clocke in the evening . aug. 20. thursday , his majestie took his journey towards the north in hast , upon information that the scots were entred the munday before into england , and ment to be at new-castle , by saturday . aug. 22. saturday a libell was brought mee , found in coven-garden , animating the apprentices and souldiers to fall upon mee , in the kings absence . septem. 21. i received a letter from one iohn rocket , a name and person unknowne to me . he was among the scotts as he travelled through the bishopricke of durham : he heard them enveigh and raile at me exceedingly , and they hoped shortly to see me as the duke was , slaine by one least suspected . his letter and advise to me , to looke to my selfe . sept. 24. a great councell of the lords were called by the king to york , to consider what way was best to be taken to get out the scotts , and this day the meeting began at yorke , and continued till october 28. octo. 22. thursday , the high commission sitting at saint pauls , because of the troubles of the times : very neere 2000. brownists made a tumult at the end of the court , toare downe all the benches in the consistorie ; and cryed out , they would have no bishop , nor no high commission . october 22. tuesday , simon and judes eve , i went into my upper studdie , to see some manuscripts , which i was sending to oxford . in that studdie hung my picture , taken by the life , and comming in i found it fallen downe upon the face , and lying on the flowre , the string being broken , by which it was hanged against the wall . i am almost every day threatned with my ruine in parliament , god grant this be no omen . tuesday the parliament began ; the king did not ride , but went by water to kings staires , and thorough westminster hall to the church , and so to the house . wednesday the convocation began at saint paules . wednesday thomas viscount wentworth , earle of strafford , accused to the lords by the house of commons for high treason , and restrained to the vsher of the house , wednesday november 22. he was sent to the tower . december 2. wednesday a great debate in the house , that no bishop should be so much as of the committee for preparatory examinations in this cause , as accounted causa sanguinis , put of till the next day , december 3. thursday the debate declined . friday , december 4. the king gave way that his councell should be examined upon oath , in the earle of straffords case . i was examined this day . wednesday , decem. 16. the canons condemned in the house of commons , as being against the kings prerogative , the fundamentall lawes of the realme , the libertie and proprietie of the subject , and containing diverse other things tending to sedition , and of dangerous consequence . vpon this , i was made the author of them , and a committee put upon mee , to enquire into all my actions to prepare a charge . the same morning in the upper house i was named an incendiarie by the scottish commissioners , and a complaint promised to be drawne up by to morrow . friday , decemb. 18. i was accused by the house of commons for high treason with out any particular charge laid against me ; which they said should be prepared in convenient time . master hollys was the man , that brought up the message to the lords : soone after the charge was brought into the upper house by the scots commissioners tending to prove me an incendiary : upon which i was presently committed to the gentleman vsher , i was permitted to goe in his company to lambeth for a booke or two to read in , and such papers as pertained to my defence against the scots : i stayed at * lambeth till the evening , to avoyd the gazing of the people . i went to evening prayer in my chapell ; the psalmes of the day 93. and 94. and chap. 50. of isay , gave me great comfort , god make me worthy of it , and fit to receive it . december 21. i was fined 500. pounds in the parliament house , and sir iohn lambe and sir henry martin , 250. pounds a peece for keeping sir robert howard close prisoner , in the case of the escape of the lady vicountesse purbecke , out of the gate-house which lady he kept lewdly , and had children by her : in such a case say the imprisonment were more then the law alowed , what may be done , for honour and religion sake . wednesday the lords ordered me to pay the money presently , which was done : i was forced to sell plate to repay where i borrowed it . thursday a parliament man of good note interessed in divers lords , sent me word ; that by reason of my patient and moderate carriage , since my commitment , foure earles of great power in the upper house , told him , that the lords were not now so sharpe against me as they were at first ; and that now they were resolved only to sequester me from the kings councell , and to put me from my arch-bishopricke , so i see , what iustice i may exspect since here is a resolution taken , not only before my answere , but before my charge was brought up against me . february 14. sunday a. r. and this if i live and continue arch-bishop of canterbury till after michaelmas day come twelvmonth , anno 1642. god blesse me in this : friday feb. 26. this day i had been full 10. weekes in restraint at master maxwells house , and this day being saint augustines day , my charge was brought up from the house of commons to the lords , by sir henry vane the younger . it consisted of 14. articles . these generall they craved time to prove in particular , the copy of this generall charge is among my papers . i spake some thing to it , and the copy of that also is among my papers . i had favour of the lords not to goe to the tower till the munday following , ( where he would by no meanes lye in the lodgings in which the bishop of lincolne formerly lay during his imprisonment there , though fittest for him . ) march 1. i went in master maxwells coach to the tower : no noyse till i came to the end of cheapside . but from thence to the tower , i was followed , and railed at by the people , and rabble in multitudes to the very tower-gates ; where i left them , and i thanke god he made me patient : march 9. shrove-tuesday , &c. was with me in the tower , and gave great engagements of his faith to me . march 13. saturday , the lord brookes dined with the lords , at the new house , built by the king at lambeth ; three of the lords in boat together , one of them saying , hee was sorry for my commitment , because the building of saint pauls went slow on the while ; the lord brooke replyed , i hope one of us shall live to see no one stone left upon another , of that building . march 21. munday a committee for religion , setled in the upper house of parliament 10. earles . 10. bishops . 10. barons . so the lay-votes will bee double to the clergie . this committee will meddle with doctrine , as well as ceremonies , and will call some divines to them , to consider of the businesse ; as appeares by a letter hereto annexed , sent by the lord bishop of lincolne to some divines , to attend this service : upon the whole matter ; i believe this committee will prove the nationall synod of england to the great dishonour of the church : and what else may follow upon it , god knowes . march 22. munday , the earle of straffords tryall began in westminster hall , and it continued till the end of aprill , taking in the variation of the house of commons ; who after a long hearing , drew a bill of attainder against him . a. sh. performed his promise to the uttermost . march 27. 1641 the king came into the upper house , & there declared before both houses , how diligently he had harkened to all the proceedings with the e. of strafford , and found , that his fault , what ever it was , could not amount to high treason : that if it went by bill , it must passe by him , and that he could not with his conscience find him guilty , nor would wrong his conscience so farre , but advised them to proceed by way of misdemeanour , and he then would concurre with them : the same day after the king was gone , a letter was read in the upper house from the scottes , in which they doe earnestly desire to be gone : it was moved for a present conference with the house of commons about it , the debate about it was very short , yet the commons were risen before hand , may 12. wednesday . the earle of strafford beheaded upon tower-hill . iune 23. wednesday i acquainted the king by my lord of london , that i would resigne my chauncellorship of oxford , and why , june 25. friday i sent downe my resignation of the chancellorship of oxford to be published in convocation . iuly 1 thursday , this was done , and the earle of pembrooke chosen chauncellor by joynt consent , august 10. tuesday , the king went post into scotland , the parliament sitting , and the armies not yet dissolved , september 23. thursday , master adam torles , my ancient loveing and faithfull servant then my steward , after he had served me full 42. yeares , dyed , to my great losse and griefe , october 23. the lords in parliament sequestred my jurisdiction to my inferior officers , and ordered , that i should give no benefice without acquainting them first to whom i would give it , that so they might approve . this order was sent me on tuesday november 2. in the afternoone . november 1. newes came to the parliament of the troubles in ireland , the king being then in scotland , where there were troubles enough also . november 25. thursday the king at his returne from scotland was sumptuously entertained in london , and great joy on all hands ; god prosper it . december 30. thursday the archbishop of yorke , and 11. bishops more sent to the tower for high treason for delivering a petition and a protestation into the house , that this was not a free parliament , since they could not come to vote there as they are bound , with out danger of their lives . ianuary 4. tuesday , his majesty went into the house of commons , and demanded the persons of master denzill hollis , sir arthur haselridge , master iohn pym , master iohn hamden , and master william stroude , whom his atturney had the day before , together with the lord kimbolton ; accused of high treason upon 7. articles ; they had information , and were not then in the house . they came in after , and great stir was made about this breach of the priviledge of parliament . february 6. saturday ; voted in the lords house , that the bishops shall have no votes there in parliament ; the commons had passed that bill before : great ringing for joy , and bonefires in some parishes , february 11. friday the queene went from greenwitch towards dover , to goe into holland with her daughter , the princes mary , who was lately maried to the prince of orange his sonne : but the true cause was , the present discontents here : the king accompanied her to the sea . february 14. his majesties message to both houses printed , by which he puts all into their hands : so god blesse us . february . 14. an order came that the 12. bishops might put in baile if they would , and that they should have their hearing upon friday . february 15. they went out of the tower on wednesday . february 20. sunday there came a tall man to me under the name of master hunt , he professed he was unknowne to me , but came , ( he said ) to doe me service in a great particular , and prefaced it , that he was not set on by any states man , or any of the parliament ; so he drew out a paper out of his pocket , and shewed me 4. articles drawne against me to the parliament , all touching my neare conversation with priests , and my endeavours by them to subvert religion in england : he told me the articles were , not yet put into the house , they were subscribed by one willoughby , who he said was a preist but now come from them : i asked him , what service it was he could doe me ? he said , he looked for no advantage for himselfe ; i conceived hereupon this was a peece of villany , and bid him tell willoughby , he was a villain , and bid him put his articles into the parliament when he will : so i went presently into my inner chamber , and told master edward hide , and master richard cob , what had befallen me ; but after i was sorry at my heart , that my indignation at this base villany made me so hastie to send away hunt , & that i had not desired mr. lieutenant to seaze on him till he brought forth this willoughby . february 25. friday the queene went to sea , for holland , and her eldest daughter the princesse mary with her . march 6. sunday after sermon as i was walking up and downe my chamber before dinner , without any slip or treading a wry , the sinnew of my right leg gave a great cracke , and brake asunder in the same place where i had broken it before , february 5. 1628. it was two moneths before i could goe out of my chamber . on sunday may 15. an. 1642 i made shift betweene my man and my staffe to goe to church ; there one master ioslin preached with vehemency becomming bedlam , with treason sufficient to hang him in any other state , and with such a particular abuse to me , that women and boyes stood up in the church to see how i could beare it , i numbly thanke god for my patience . all along things grew higher betweene the king and the parliament , god send a good issue . may 29. foure ships came into the river with part of the ammunition from hull , august 22. munday , the king set up his standard at nottingham , august 24. the parliament having committed three officers of the ordinance , and sent two new ones in the roome , this day they brake open all the doores , and possessed themselves of the stores . august . 27. saturday the e. of southampton , and sir iohn culpeper , sent from the king to have a treaty for peace , refused , unlesse the king would take downe his standard , and recall his proclamation which made them traytors . september 11. bishops voted downe , and deanes and chapters in the lower house . that night bonfires and ringing all over the city : ordered cunningly by pennington the new lord major . ante ult. august . about this time the cathedrall of canterbury grosely profaned , september . 9. friday . an order from the house about the giving of alhollowes bread-street . the earle of essex set forwards towards the king , september 10. bishops , &c voted downe in the upper house , dubitatur , october 15. saturday , resolved upon the question , that the fines ▪ rents , and profits of arch-bishops , bishops , deanes and chapters , and of such notorious delinquents who have taken up armes against the parliament , or have beene active in the commission of array shall be sequestred for the use and service of the commonwealth . oct. 23. sunday kenton held . oct. 24. an order from the house to keepe but 2. servants , to speak with no prisoner or other person , but in the presence of my warder ( this common to other prisoners . ) the order not sent me till oct. 26. and i sent a petition to the house for a cooke and a butler , thursday october 27. this order revoked friday october 28. and this granted me : october 26. wednesday my cookes relation to me of some resolutions taken in the city . november 2. i dreamed the parliament was removed to oxford , the church undone : some old courtiers came in to see me and geared : i went to saint johns , and there i found the roofe of some part of the colledg and the walls cleft , and ready to fall downe . wednesday november 9. in the morning 5. of the clocke , captaine browne and his company entered my house at lambeth to keepe it for publicke service , and they made of it , november 8. 78. pounds of my rents taken from my controuler by master holland and master ashurst , which they said was for maintenance of the kings children . the lords upon my petition to them , denyed they knew of any such order , and so did the committee yet such an order there was and divers lords hands to it but upon my petition they made an order that my bookes should be secured and my goods . nov. 10. some lords went to the king about an accommodation , november 12. saturday ▪ a fight about brainford , many slaine of the parliaments forces , and some taken prisoners . the fight is said to begin casually about billetting : since this voted in the house for no accommodation but to goe on and take all advantages . novemb. 16. wednesday , an order to barre all prisoners men , from speaking one with another , or any other , but in the presence of the warder , n● goe out without the lieutenants leave . and to barre them the libertie of the tower . novemb. 22. tuesday , ordered that any one of them may goe out to buy provision . novem. 24. thursday ▪ the souldiers at lambeth house brake open the chappell doore , and offer red violence to the organs , but before much hurt was done , the captaines heard of it , and stayed them . friday , decemb. 2. some of the kings forces taken at faruham about 100. of them brought in carts to london ; tenne carts full , their legs bound : they were sufficiently rayled upon in the streets . munday , decemb. 19. my petition for mr. conniers to have the vicaridge of horstam , before it came to be delivered , the house had made an order against him upon complaint from horstam of his disorderly life , so i petition for my chaplaine , master william brackston , refused yet . dece . 24. st. thomas day . this day in the morning my young dun horse was taken away , by warrant under the hands of sir john evelyn , master pym , and master martin . decemb. 23. thursday , docter layton came with a warrant from the house of commons , for the keyes of my house , to be delivered to him , and more prisoners to be brought thither &c. such as would not serve the king , were sent back , with an oath given them , janu. 5. a finall order from both houses , for setling of lambeth prison , &c. thursday , all my wood and coales , spent , or to be spent there , not reserving in the order that i shall have any for my owne use , nor would that motion be harkened to . january 6. friday , epiphanie , earle of manchesters letter from the house , to give allhallowes bred-street to master seaman . january 26. thursday , the bill passed the lords house , for abolishing episcopacie , &c. feb. 3. friday , doctor heath , came to perswade me to give chartam to master corbet , &c. febr. 14. tuesday , i received a letter dated january 17. from his majestie , to give chartam to master redding , or lapse it to him . that afternoone the earle of warwicke came to me , and brought me an order of the house , to give it to one master culmer . this order bare date , feb. 4. saturday , feb. 25. master culmer came to me about it ; i told him i had given my lord my answer , thursday , march 2. st. ceddes day ; the lord brooke shot in the left eye and killed in the place at litchfield , going to give onset upon the close of the church , he having ever beene fierce against bishops , and cathedralls . his bever up and armed to the knee , so that a musket at that distance could have done him but little harme . thus was his eye put out , who about two yeares since said , hee hoped to ●●e to see at saint pauls , not one stone left upon another . march 10. friday this night preceding , i dreamed , a warrant was sent to free mee , and that i spake with master lieutenant , that may warder might keepe the keyes of my lodging , till i had got some place for my selfe , and my stuffe since i could not goe to lambeth : i waked and slept againe , and had the very same dreame , a second time . munday , march 20. the lord of northumberland , master parpoint , sir john holland , sir william ermin , and master whitlock , went from both houses to treat of peace with his majestie , god of his mercy blesse it and us . march 24. friday , one master foord told mee ( he is a suffolke man ) that there was a plot to send mee , and bishop wrenn , as delinquents to new-england within 14. dayes ; and that wells a minister that came thence , offerd wagers of it . the meeting was at master parkes a mercers house in friday-street , being this foords son in law , i never saw master foord before . march 28. 1643. tuesday , another order from the lords to give chartam to one master edward hudson ; my answer as before . aprill 11. tuesday , an other order for the same , and very peremptorie this came to me , aprill 12. whereupon i petitioned the house , thursday . aprill 13. my former answer being wilfully mistaken by hudson . that very day , another order very quicke , which was brought to mee , friday , aprill . 14. i petitioned the house , againe the same day , with great submission , but could not disobey the king . apr. 12. another order to collate chartam on master ed. corbet , brought to me satur . aprill 22. i gave my answer as before , but in as soft termes as i could , munday , apr. 24. tuesday , aprill 25. it was moved in the house of commons , to send me to new-england . but it was rejected ; the plot was laid by peters , wells , and others : munday , may 1. my chappell windowes at lambeth defaced , and the steps torne up . may 2. tuesday , the crosse in cheapside taken downe , may 9. tuesday , all my goods seized upon , books and all . the feasers were , cap. guest , layghton , and dickins . the same day an order for further restraint of me not to goe out of it without my keeper . this order was brought to mee . may 10. tuesday , may 16. an order of both houses for the disposing of my benefices , &c. voyd , or to be voyd : this order was brought to me , wednesday . may 17. at night . me thinkes i see a cloud rising over mee about chartam businesse , there having beene a rumour twice , that i shall be removed to a prison lodging . may 23. tuesday , i sent my petition , for maintenance . this day the queene was voted a traitor , in the commons house , saturday . may 29. another order to collate edward corbet to chartham . it was brought to me friday , may 26. i answered it , munday , may 27. as before . thus farre the bishop proceeded in his diary , which had an unexpected period put unto it , being seized on in his pocket by master prynne in the tower . may 31. 1643 by vertue of this warrant unexpectedly sent unto him from the close-committee by a member of the commons house , with unavoydable strict commands to put it in diligent execution the next morning . 30. may 1643. at the committee of lords and commons appointed for the safetie of the kingdome . by vertue of an order of both houses of parliament , these are to authorise , and require you to repaire unto colonell manwaring , at the guild-hall to morrow morning about 4. of the clocke , and to receive from him tenne foote souldiers , appointed to attend and assist you in the service hereafter mentioned . and you are further required and authorized with the souldiers before mentioned to repaire unto the tower of london , and there to search all the prisoners remaining under restraint by order of either of the houses of parliament , or of this committee , and to seize upon all letters and papers , and to see them put into some safe place to be perused by such as shall be thereunto authorized ; and you are forthwith to certifie us what you shall have done in execution hereof , and in the meane time so to sever and restraine their persons , that they speake not one with another , nor with any other ; that thereupon some further order and direction may be given . and the said colonell manwaring , as also the lieutenant of the tower , and all other his majesties officers , and loving subjects are hereby required to be ayding and assisting unto you in execution of the premisses . and for your and their so doing , this shall be a sufficient warrant . e. munchester . wharton . w. say , and seale ▪ h. vane . gilbert gerard , john pym . to will . prynne , of lincolnes inne esquier , will . ball esquier , ralph farmer , gent. william bendy gent. henry blake gentleman . the execution of this warrant interrupted the series of this journall ; in the close whereof the bishop sets downe with his owne hand this ensuing catalogue of his projected designes , to advance the pompe , wealth , power , jurisdiction of the prelates , and those he termes , the church . things which i have projected to doe if god blesse mee in them . 1. to build at saint johns in oxford , wherein i was bred up , for the good and safetie of that colledge , writ in the margin . done . 2. to overthrow the seofment , dangerous both to church and state , going under the specious pretence : of buying in impropriations . done . 3. to procure king charles to give all impropriations yet remaining in the crown within the realme of ireland , to that poore church . done , and settle there . 4. to set upon the repaire of saint pauls church in london . done . 5. to collect and perfect the broken crossing , and imperfect statutes of the universitie of oxford , which had layne in a confused heape some hundred of yeares . done . 6. to settle the statutes of all the cathedrall churches of the new foundations , whose statutes are imperfect , and not confirmed . done , for cant. 7. to annex for ever some settled commendams , and those if it may be sine cura , on all the small bishoppricks . done , for bristoll , peterborough , st. asaph , chester , oxford . 8. to finde a way to increase the stipends of poore vicars . 9. to see the tithes of london settled between the clergie and the citie . 10. to set up a greeke presse in london and oxford for printing of the library manu-scripts , and to get both letters and matrices . done for london . 11. to settle 80. pounds a yeare for ever out of doctor fryers lands ( after the death of doctor iohn fryer the sonne ) upon the fabricke of saint paules , towards the repaire till that be finished , and to keepe it in good state after . 12. to procure a large charter for oxford , to confirme their ancient priviledges , and obtaine new for them , as large as those of cambridge , which they had gotten since hen. 8. which oxford had not . done . 13. to open the great square at oxford betweene saint maries and the schooles brasennose , and allsoules . 14. to settle an hospitall of land in redding of 100. pounds a yeare in a new way . i have acquainted mr. barnard the vicar of croyden with my project . he is to call upon my executors to do it , if the surplusage of my goods after debts and charges paid come to 3000. pounds . done to the value of 200. pounds per annum . 15. to erect an arabicke lecture in oxford , at least for my life time , my state not being able for more : that this may lead the way , &c. the lecture began to be read , august 10. 1636. done . i have now settled it for ever . 16. the impropriation of the vicaridge of cudsden to the bishop of oxford , finally sentenced , wednesday aprill 19. 1637. and so the house built by the new bishop of oxford , doctor iohn bancroft , settled for ever to that bishopricke , done . 17. a booke in vellam faire written , containing the records which are in the tower and concerne the clergy : this booke i got done at my owne charge , and have left it in my study at lambeth for posterity , iune 10. 1637. ab anno 20. ed , 1. ad annum 14. ed. 4. done . 18. a new charter for the colledge neare dublin to be procured of his majesty , and a body of new statutes made to rectifie that government , done . 19. a charter for the towne of redding and a mortmaine of . done . 20. if i live to see the repaire of saint paules neare an end , to move his majesty for the like grant from the high commission for the buying in of impropriations , as i have now for saint paules ; and then i hope to buy in two a yeare at least . 21. i have procured for saint iohn baptist colledge in oxford the proper inheritance and patronage of . you have here an end both of his diary , and projects registred therein ; his ludicrae written with his owne hand , should follow , but they are so childish , scurrilous , ridiculous , for the most part ( as ; he dwelt within a stones cast of her . o come kisse me arch-deacon . who gave you those breeches ? my godfathers and my godmothers . ionas in a quailes belly , that is a little bird , the miracle is the greater ; now person quota est whora ? it s not one by my diall , i doubt it is past 12. by yours : iohn dod , how doth your vnkle ? which sir . my vnkle doth very ill upon the commandements . the welshmens begining from spanish oares , and new-gate theeves . the boy said to his father , you are gods fiddle , &c. ) that they would but wast and defile paper , such pure devout archi-prelaticall recreations are they , and so unlike to what paul prescribes , ephes. 5.3.4 . it seemes these evill communications did ( in part ) corrupt his good manners , as appeares by these his anniversarie prayers , written with his owne hand in his booke of private devotions , p. 175. to 182. the first of these prayers is for pardon of that soule scandalous act of his , in marrying the lady rich to the earle of devonshire , december 26. 1605. on which very day of the moneth , an. 1609. he fell into another greivious sinne ( perchance uncleanesse ) with e. m. * o deus meus respice seruum tuum , et miserere mei secundum viscera misericordiae tuae : scandalum ecce factus sum nomini tuo , dum ambitioni meae et aliorum peccatis servio . quin et hoc licet aliorum suasu , oblatrante tamen conscientia perpetravi . obsecro domine per misericordias iesu , ne intres in judicium cum servo tuo , sed exaudi sanguinem ejus pro me perorantem . nec hoc conjugium sit animae meae divortium a sinu tuo . o quanto satius fuisset , si vel hujus diei satis memor , martyrium cum proto-martyre tuo potius perpessus sim , negando quod urgebant aut non satis fidi , aut non satis pij amici mei . pollicitus sum mihi tenebras peccato huic ; sed ecce statim evolavit , nec lux magis aperta , quàm ego qui feci ; ita voluisti domine pro nimia misericordia tua implere ignominia faciem meam , ut discerem quaerere nomen tuum . o domine quàm gravis adhuc est memoria peccati hujus etiam hodiè , etiam post tot et toties repetitas preces à tristi et confusa anima mea coram te profusas . o domine miserere . exaudi preces depressi et humiliati valde servi tui . parce domine , et remitte peccata quae peccatum hoc et induxerunt , et secuta sunt . nam confiteor domine , iterum et codem die revolventis anni , nec satis adhuc cautus , aut satis humilis factus , in aliud grave peccatum incidi . lapidatus iterum non pro , sed a peccato , nunc plenè suscata me domine ne moriar ultra in peccatis meis , sed deo ut vivam , et vivens gaudeam in te , per merita et miserationes iesu christi salvatoris nostri amen . these falls ( it seemes ) of his were great and scandalous , but his privat humiliation for them commendable . after this he lapsed into some other speciall sinne ( perchance uncleannes ) with e. b. as this following anniversary prayer manifests . o mercifull god , thou hast shewed me much mercy , and done great things for me and as i was returning , instead of thankefullnesse , i wandered out of my way from thee into a foule and a strang path : there thou madest me see both my folly & my weaknes . lord make me ever see them , ever sorry for them . o lord for my saviour sake forgive the folly , and strengthen me against the weakenesse for ever . lord forgive all my sinnes , and this ▪ and make me by thy grace , thy most true , humble , and faithfull servant all the dayes of my life ; through jesus christ our lord . amen . september 16. 1617. he was very likely to have beene burnt by fier in st. johns colledge in oxford , for his sinnes . ( doctor * goodwins son attests , that he suborned doctor metcalfe , to poyson his father , then deane of christ church in oxford , which was effected . ) whereupon he penned this anniversary prayer for that day . o misericors pateriquo me vertam . qui et exeundo et revertendo peccavi contrate ? abij cum prodigo , prodigus in longinquam regionem : dissipavi substantiam meam , tuam luxuriose . ibi primum sensi omnia consumpta , et me dignum non meliori quam porcorum consortio . nec tamen aut vita illa immunda , aut fames gratiae , de reditu ad meliorem frugem vel cogitavit . reversum jam ab itinere infausto , ecce judicia tua , domine , insequntur me . ignis corripit tecta sub quibus sum . videt enim deus nec multum distulit , sed ignis accensus est in jacob , et ira ascendit in israel , et scelera ( non dubito ) mea conflagrationem collegio minitabantur , et mihi . nam dum igni extinguendo intentior sum , parum abfuit quin ab igne extinctus sim : quum ecce misericordia tua dominevix sine miraculo me flammis eripuit . nam dum amica manus astantis vi quadam amovit , eodem instanti ex eodem loco , ubipedem figere decrevi , prorupit inclusus ignis , in flammas subsidunt gradus . et ego si ibi invenisset incendium una perijssem o peccata mea nunquam satis deflenda ! o misericordia tua domine nunquam satis praedicanda ! o paenitentia nunquam mihi magis necessaria ! o gratia tua domine humilimè et jugiter imploranda ! surge o domine pater , et ecce venio , lento quidem et instabili gressu , sed venio , et confiteor ; peccavi enim in caelum et contra te , nec dignus sum vocari filius , tuus . sim o domine , quid vis , modo tuus . ablue peccata mea in sanguine filij tui , ut sim tuus : et concede obsecro , ut sicut tum terror , ita quotidie memoria ignis hujus exurat faeces omnes et reliquias peccatorum meorum , ut cautior factus , melior ignis charitatis , et devotionis , me in amorem tui , et in odium peccati accendat , per iesum christum dominum nostrum , amen . february 5. 1628. as he was going to hampton court to wait on the king , he brake the great cord of his leg by treading on sinking uneven ground , march 6. 1641. he brake it againe as he was walking in his chamber in the tower upon which occasion he compiled this annuall prayer for those dayes . o domine misericors , glorificetur beatissimum nomen tuum , ecce enim ego ( dum pro officio regem sequor ) & tui , & humanorum causuum immentor , & mihi praefidens , infausto in via saltu in terram infidam incidi & tendonem fregi . levatus in currum , hamptoniam perveni . cruciatus talis fuit , qualis nervi sentire solent , et certe in febrem ferventiorem ipse angor conjecisset , nisi ingens defluxus sanguinis me ab illo metu liberasset . magna infirmitate laboravi , & fere per biennium claudus incessi . infirmitatem aliquam adhuc sentio . sed ( gratiae immortales tibi , ô beatissima trinitas ) usum satis perfectum crurium dedisti mihi , & confirmasti , praeter omnium expectationem , gressus meos . dirigas nunc eos , o domine , in vijs mandatorum tuorum , ut nunquam vel inter te , & mundum claudicem , sed recte pergam & viam testimoniorum tuorum curram , quum dilatasti cor meum . oro itaque ne differ as vel dilatationem cordis , vel confirmationem pedum in semitis justificationum tuarum , per & propter jesum christum dominum nostrum . amen . may 11. 1640. the people being inraged against him for his tyrannie , his reviving the scottish warres , and troubles after the first pacification , dissolving the parliament in great discontent , imprisoning the aldermen of london for refusing to lend monies , and certifie the names of monyed men to maintaine the scottish wars , the re-enforcing of ship-money , fomenting of popery , and continuing the convocation after the parliament dissolved , thereupon assaulted his house at lambeth , to apprehend , and bring him to punishment . whereof he having notice prevented the danger by flight ; and caused one of them to bee hanged , drawne , quartered , and another racked . whereupon he made this prayer . o eternall god and most mercifull father , as this day the furie of the inraged multitude was fierce upon me , and my house , to destroy me and to pillage it ; it pleased thee in mercie to preserve both , and bring some of them to shame and punishment . i have sinned many wayes against thee , o lord , and this was a loud call of thine , and a mercifull , to bring me to repentance , which i beseech thee give mee grace to heare and obey . but what i have done to hurt or offend them , that should stirre up this rage against me , * i know not . lord in thy mercie look down upon me , fill my heart with thankefulnesse for this great deliverance , and suffer me not to forget it , or the examination which i tooke of my selfe upon it . and as for them and their like , let them not have their desire , o lord , let not their mischievous imaginations prosper against me , nor their furie lay hold upon me , lest they be too proud , and least i end my wearie dayes in misery : yet forgive them , o lord , for they know not why they did it , and according to thy wanted mercie , preserve me , to serve thee , and let the same watchfull protection which now defended mee , guard me through the remainder of my life . and this for thy own goodnes sake , and the merits of my saviour jesus christ . amen . after all this , decemb. 18. 1640. he was accused by the house of commons of high-treason , ( as well he deserved : ) upon which he composed this prayer , wherein he most arrogantly pleades his innocency before god , though hee appeares most criminall , and guiltie to the eyes of most men . o eternall god and mercifull father , i humbly beseech thee looke downe upon me in this time of my great and grievous affliction . lord ( if it bee thy blessed will ) make my innocencie appeare , and free both me and my profession from all scandall thus raised on me ; and however , if thou be pleased to try me to the uttermost , i humbly beseech thee , give me full patience , proportionable comfort , contentment , with whatsoever thou sendest , and a heart ready to dye for thy honour , the kings happinesse , and this churches preservation . and my zeale to these is all the sinne ( humane frailtie excepted ) which is yet known to me in this particular , for which i thus suffer . lord look upon me in mercy , and for the merits , of jesus christ pardon all my sins many and great , which have drawne downe this judgment upon mee , and then in all things doe with me , as seemes best in thine owne eyes . and make me not onely patient under , but thankefull for whatsoever thou doest , o lord my strength , and my redeemer . amen . his speciall prayers made upon sundry publike occasions , ( registred with his owne hand in his * booke of devotions ) were all formerly printed , and read in churches ; the two last of them against the scots ( being most memorable ) are only necessary to be here recorded , he being the * arch-incendiarie against them . o eternall god and mercifull father , by whom alone kings raigne , thou lord of hosts , and giver of all victorie , wee humbly beseech thee to gard our most gracious soveraigne lord king charles : to blesse him in his person with health and safetie , in his councells with wisdome and prudence , and in all his actions with honour and good successe . grant , blessed lord , that victorie may attend his designes , and that his liege people may rejoyce in thee , but that shame may cover the face of thine and his treacherous enemies . give him blessed father , so to settle his subjects in peace , and the true feare of thy divine majestie , that hee may returne with joy , and honour , and proceed long to governe his kingdomes in * peace , and plentie , and in the happinesse of true religion and pietie all his dayes . these blessings , and whatsoever else shall bee necessary for him , or for our selves : wee humbly begge of thee , o mercifull father , for jesus christ his sake , our only mediator , and redeemer . amen . o eternall god & mercifull father , by whom alone kings raign , thou lord of hosts , and giver of all victory , wee humbly beseech thee both now and ever , to guide and preserve our most gracious soveraigne lord , king charles : to blesse him in his person with health and safetie , in his councells with wisdome and prudence , and in all his actions with honour and good successe : especially against those his traiterous subjects , who having cast off all obedience , to their anoynted soveraigne , doe at this time , in rebellious manner invade this realme . grant , blessed lord , that victory may attend his majesties designes , that his liege people may rejoyce in thee , but that shame may cover the face of thine and his treacherous enemies . inable him ( blessed father ) so to vanquish and subdue them all , that his loyall subjects being setled in peace , and the true feare of thy holy name , he may returne with joy and honour , and continue to governe his kingdome in peace and plentie , and in the happinesse of true religion and pietie all his dayes . these blessings , and whatsoever else shall be necessary for him , we humbly begge of thee , o mermercifull father , for jesus christ his sake our onely mediator and redeemer . amen . these prayers were strictly enjoyned to be daily read in churches , and were so by the prelaticall party , with greatest zeale and devotion , and many godly ministers were questioned , pursevanted , suspended , for not reading them . since his imprisonment in the tower , he received severall letters from the king under the privy signet , and other malignants , in opposition to the parliament and some proceedings in it ; take one or two instead of many . charles rex . most reverend father in god , and right trusty and right welbeloved we greet you well . we are informed , that doctor isaak bargrave dean of our cathedrall of cant. is very lately deceased , & by his death the parsonage of chartham neere cant. become voyde . many good motives and reasons have graciously inclined vs to favour therewith iohn reading clark , now beneficed at dover in our country of kent , but deprived ( as we understand ) of the small lively-hood he had thence accrewing , by the perverse disposition of some of his turbulent parishioners . wherefore we very earnestly desire you to bestow the said parsonage of chartham upon the said iohn reading , or at the least , that if you shall be restrained from so doing by either or both houses of parliament , you then forbeare to present any other to the same , that so the said parsonage lapsing into our guift , we may , as we intend , conferre it on him . this we are confident of from you , both in regard of the persons worthinesse and sufferings , and that we shal therein receive very good content and satisfaction . given at our court at oxford the 27th . of january 1642. to the most reverend father in god , our right trustie , and right welbeloved councellor , william , lord arch-bishop of canterbury his grace . these directions of his majesty he punctually observed , as appeares by his diary , february 3. 14. 25. an. 1642. and march 28. aprill 11. 13. 14. 21. 22 1643. other letters he received from his majesty for the speedy payment of his first fruits to his officers ; to which he returned an answere under his owne hand . and this ensuing letter from the lady aubigny ( a grand malignant ) after the slaughter of her husband in a fight against the parliament . my lord , the former letter j sent your grace , was written before j knew what great affliction god had laid upon me by the unfortunat losse of my deare lord , whereby i am made unfit to stir abroad to receive them , or any other comfort , and this gentleman , for the most part , being at cambridge since this miserable accident , hath been the true cause , i have not importuned your grace to know , if there can be any thing done in this businesse , till j wait upon you , which shall be as soone as j am fit to appeare in any place , for as yet i confesse i cannot be so much my selfe to overcome my passion , though i know my lord dyed in a * just and honourable action , and that i hope his soule finds : which consideration is the only satisfaction of , your graces humble servant kath. aubigny . ianuary 2. comming from so distracted a mind , i hope this letter may be pardoned , you have now a short historicall view of the arch-bishops life , written for the most part with his owne hand ; in which you may observe . 1. how many benefices , bishopricks , and other ecclesiasticall preferments he passed through in his dayes ; at most of which he was never resident , nor did any good to soule or body . 2. by what meanes he procured most of his preferments ; to wit , by unlawfull actions , as by marying the lady rich to the earle of devon ; by his base flatterie of , and obsequiousnesse to the duke of buckingham , by incensing his majesty against parliament , invading the subjects properties , liberties , &c. as will more fully appeare in the relation of his tryall . 3. what a superstitious observer , and diligent register he was , of his owne idle dreames ; and how ominous some of them have proved . 4. how great a creature , instrument , assistant , advocate he hath beene to the duke of buckingham who first brought him into favour at court . what a friend to strafford ; and malicious enemy to the bishop of lincolne . 5. what extraordinary transcendent favour and power he obtained with the king whom he oft miscouncelled to the publique prejudice and what ill instruments and creatures of his owne he placed about his majesty ; as windebanck , and others to effect his owne designes . 6. what a great favorite and instrument he was to the queene and popish faction , and how grand an enemy , a persecuter of the zealous protestant partie , under the name of puritans . 7. what a bitter enemy he hath beene to parliaments and their proceedings ; and how odious he became both to parliaments and people for his tyranny , oppressions , popish ceremonies , innovations in religion and unjust proceedings . 8. what an arch-incendiary he hath shewed himselfe , betweene his majesty and his people , both in england and scotland . 9. what a busie body he hath beene in all kinds of secular affaires , incomparible with his spirituall function . 10. how sedulous he hath shewed himselfe to exalt the power , pompe , authority of bishops and the clergie ; to advance them above , exempt them from all secular powers , jurisdictions , and to ingrosse the greatest temporall offices into their hands , that so they might lord it over all men . 11. that he hath beene exceedingly devoted to and promoted popish ceremonies , and greatly favoured , advanced men popishly affected , as windebancke , mountague , manwaring and others . 12. that he tooke speciall notice of sundry * dreames , presages and omens of his owne downfall , to which , for a close to this breviate of his life , some other memorable ominous presages yet unmentioned shall be added . the first is , his pulling downe of the parish church of saint gregories to repaire pauls , and sending the parishioners to christ-church : which being related by captain hungerford to master prynne during his close imprisonment in iersey , he thereupon presently replyed , that this seemed to him a most certaine presage , that the arch-bishop , the sea of canterbury , & popery should have a speedy fall in england : for pope gregory , to whose memory this demolished church was dedicated , was the * first founder of the archbishopricke and sea of canterbury , from whom it derived both its being and precedency , and austine the munke ( sent over by him ) the first archbishop of this sea , who introduced the first dreggs of popery into our british church ; seing therefore the arch-bishop was now growne so unthankfull as to demolish saint gregory his owne founder , ( from whom doctor * pocklington in his late printed bookes , derived his lineall succession ) that himselfe , and his sea of canterbury could not stand long after , since the building must needs fall to ground , when the foundation is rased ; and the sending of the people from pope gregories church to christs church , was a good omen that the popes church and party in england should be deminished , demolished , and christs church replenished , reedified : all which we now visibly behold in a great measure fulfilled . the 2. is , that when the archbishop kept his metropoliticall visitation , anno. 1635. &c. he concluded it at barkin church next to the tower of london gate : which master prynne ( then a prisoner in the tower ) observing ; told the lieutenant of the tower , and others : that the archbishop had now visited all places within the province of canterbury , as well those exempt as not exempt , except only the tower , which was reserved for his last visitation , and that he doubted not but he should see him a prisoner in the tower ere long , and , himselfe a freeman : which accordingly came to passe ; the archbishop sitting at church in the tower chappell in the same seat , where master prynne usually sate dureing his imprisonment . the 3. is this , which is most remarkable ; being a miraculous omen from heaven it selfe , of his owne and his seas downfall by , his meanes . * the prebends of canterbury anno 1639. hearing of the pacification with the scottes and being falsely informed , that they had condescended to entertaine bishops ; did for joy of these glad-tidings , in the hight of their prelaticall glory , set up foure great iron vanes upon the 4. pinnacles of their highest cathedrall tower , called bell-harry steple ; on which the coat-armes , of the king , prince , church , and arch-bishop of canterbury were severally , guilded , but on innocents day following very early in the morning , being the 27th . of december , in the midest of their christmas iovialities , and cathedrall gamballs , the vane which had the archbishops armes in it , had a tumbling cast from the toppe of the steeple , being strucke downe by a stroke from heaven in a fearefull tempest . the archbishops armes in the fall pulled downe the toppe of the pinnacle which upheld them , and being carried ( partly against the wind ) a good distance from the steeple on which they stood , fell upon the roofe of the cloyster , in the concave and lower part whereof the armes of the archbishopricke of canterbury were carved in stone ; which armes in the cloyster were dashed and broken in peeces by the armes that fell from the steeple ; the armes of the present archbishop of canterbury , breaking downe the armes of the archbishopricke , and sea of canterbury , the fall was so violent , that it brake through the leads , plankes , tymber , stone-arch of the cloyster , and made an impression in the pavement of the cloyster , as if it had beene done with a canon shot , which is partly to be seene at this very day , though repaired , being very neere the place , where that proud arch-prelate of canterbury , thomas becket . was cast downe headlong in that cathedrall for his treason and rebellion . the cathedralists hereupon tooke downe the other three vanes , and repaired the cloyster withall speed and secrecy , that so lesse notice might be taken of this remarkable ruine . neither was this sad omen singular , but seconded with others both at lambeth , and croyden the selfe-same night , as appeares by this passage in the archbishops diary under his owne hand . december 27. 1639. friday being saint iohns day at night , betweene 12. and 2. of the clocke the next morning , the greatest winde that ever i heard blow : many of the watermen at lambeth had their boats tumbled up and downe , and broken to peeces , as they lay on the land . one of my servants went to london , and durst not come home that evening the weather was so foule : that night the shafts of two chimnies at lambeth were blowne downe upon the roofe of his chamber , and beat downe both the lead and rafters upon his bed ; where had hee beene that night , he must have perished , at croyden one of the pinnacles fell from the steeple , beat downe the lead , and the roofe of the church neere 20. foote square , all which , compared with the sincking of the lambeth ferry-boat with the archbishops coach-horses coach and men to the bottome of thames sept. 19. 1633. the very first day he removed from fulham to lambeth house , was no doubt an ominous presage of his owne and the archbishopricks sincking , through his pride and violence . the 4th . is this . that his majesty in the moneth of february , 1641. casually passing through the citie of canterbury with the queene to dover , did in saint augustines abbey of canterbury ( the first archbishop of that sea ) signe the act of parliament , against the bishops votes in parliament : which act unlorded our lordly prelates , and gave them a fatall overthrow , such as strucke proud canterbury dead at heart , and undermined all his prelaticall designes , to advance the bishops pompe , and power . the last is , his owne fatall dreame at oxford , long since published , and lately attested from his owne mouth at his tryall in the lords house , the summe whereof is this : that when he was a young scholler in oxford , he dreamed one night , that he came to farre greater preferment in the church ▪ and power in the state , then ever any man of his birth and calling did before him ; in which greatnesse and worldly happines he continued many yeares ; but after all this hapinesse , before he awaked , he dreamed he was hanged . the first part of this dreame , hath been long since really verified , and the conclusion of it , is in all probability like to be speedily accomplished , upon the close of his tryall : the exact compleate relation whereof , may ( god assisting and the parliament commanding ) hereafter follow in its order , wherein the criminall part of his life will appeare most foule , and detestable , in all the particulars of his impeachment . finis . errata . p. 3. l. 3. r. saint , l· 41. k.r. d. p. 4. l. 45. them , me , p. 8. l. 3. then , them , p. 9. l. 25. of , on , l. 55. city , cap. p. 1. l. 29. r. 1598. p. 19. l. 56. finished . notes, typically marginal, from the original text notes for div a56135e-360 * psal. 31.12 , psal. 88.5 , 6. * chap. 29. eccl. 4.1.2 . * psa. 103.6 . psal. 10.18 . notes for div a56135e-1500 anno. 1573 anno. 1589 anno. 1600 anno. 1602 anno. 1603 anno. 1604 anno. 1605 anno. 1606 anno. 1607 anno. 1608 anno. 1609 anno. 1610 anno. 1611 anno 1614. anno. 1616 anno. 1617 anno. 1618 1619. an. 1620. an. 1622. an. 1692. note . an. 1623 , an. 1624. note . an. 1624. note . note . an. 1626. nota note . note . note . note . note . a. nno 1627 note . note . note . note . an. 1628. note . note . * marquesse was first writen , but he being made duke whiles he continued in spaine , marquesse was blotted out , and duke put in over head . * see the earle of bristolls article of impeachment against the duke , may 1. 1626. the spanish iourney . the isle of ree 1627. note . note . an. 1629. note . note . anno. 1631 anno 1632. note . note . note . anno. 1633. * the lord of holland . note . note . note . anno. 1634 * but it was with somewhat a sharp letter , the coppy whereof was found amongst his papers . * but it was with somewhat a sharp letter , the coppy whereof was found amongst his papers . * and mr. atturney going to his close stoole , needing a paper for that purpose . * because nothing was there proved , for mr. atturney knew not how to proceed . note . anno 1635. note . note . anno. 1636 note . an. 1637. note . anno. 1638 note . note . anno 1639. note . note . note . note . anno. 1640 note . note . note . note . * vvhere he then burned most of his privy letters and papers note . note . note . anno. 1641 note . note . anno. 1642 note . note . note . anno. 1643 1. cor. 15.33 . * december 26. 1605. dies erat jovis , et festum s. stephani . co devon & e. m. anno. 1609. july 28. 1617. die luna e. b. & martij 6. 1642. * this he hath attested under his hand , and would have deposed it the triall if pertinent . septembr . 26 1617. die veneris ignis et piriculum inde feb. 5. 1628. die martij comp. juliano tendonem fregi & iterum , mar. 6. die solis inter ambulandum in cubiculo in turri lond. anno 1642. maij 11. 1640 my house at lambeth , beset with violent and base people . * the premises and charge will informe you . dece . 18. 1640 i was accused by the house of commons of high treason . * page 221.232 . * see the 13. article , & the scots impeachment . a prayer for the kings majestie in the northerne expedition . 1639 * how could he doe this when hee had such a councellour of war and disturbance neare him ? for the king in his northerne expedition . 1640. * note * as appeares by the forementioned passages , ian. 31. 1628. sept. 19. 1633 feb 12. 1638. oct. 27. 1640. * see malmesb. . de gostis pontif. l. 1. antiquitates ecclesiae brit. godwins catalogue of bishops in the life of augustine , camdens , britania , kent . sir henry solemans concilia tom. 1. p. 66. to 127. * sunday no sabbath . p. 3.48 altire christianum , p. 144. * see mr. culmers cathedrall . newes from canterbury . p 13.14 . the second part of a short demurrer to the ievves long discontinued remitter into england. containing a brief chronological collection of the most material records in the reigns of king john, henry 3. and edward 1. relating the history, affaires, state, condition, priviledges, obligations, debts, legal proceedings, justices, taxes, misdemeanors, forfeitures, restraints, transactions, of the jews in, and final banishment out of england, never formerly published in print: with some short usefull observations upon them. worthy the knowledge of all lawyers, scholars, statists, and of such jews who desire re-admission into england. / by vvilliam prynne esquire, a bencher of lincolns-inne. short demurrer to the jewes long discontinued remitter into england. part 2 prynne, william, 1600-1669. 1656 approx. 531 kb of xml-encoded text transcribed from 112 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a91270 wing p4073 thomason e483_2 thomason e872_1 estc r203286 99863283 99863283 164031 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91270) transcribed from: (early english books online ; image set 164031) images scanned from microfilm: (thomason tracts ; 77:e483[2] or 132:e872[1]) the second part of a short demurrer to the ievves long discontinued remitter into england. containing a brief chronological collection of the most material records in the reigns of king john, henry 3. and edward 1. relating the history, affaires, state, condition, priviledges, obligations, debts, legal proceedings, justices, taxes, misdemeanors, forfeitures, restraints, transactions, of the jews in, and final banishment out of england, never formerly published in print: with some short usefull observations upon them. worthy the knowledge of all lawyers, scholars, statists, and of such jews who desire re-admission into england. / by vvilliam prynne esquire, a bencher of lincolns-inne. short demurrer to the jewes long discontinued remitter into england. part 2 prynne, william, 1600-1669. [4], 13, [1] p., 14-52 leaves, [34], 53-116, [3], 124-144, 141-147, [1] p. printed, and sold by edward thomas in green arbor, london : 1656. in part a reply to: peters, hugh. good work for a good magistrate. the three pages following p. 116 are numbered 121, 104, 103. annotations on thomason copy e.483[2]: "may the 30 1655"; a "5" has been written after the second "6" in the imprint; on e.872[1]: "march 27". reproductions of the originals in the british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng peters, hugh, 1598-1660. -good work for a good magistrate -early works to 1800. jews -controversial literature -early works to 1800. jews -england -early works to 1800. 2007-07 tcp assigned for keying and markup 2007-07 aptara keyed and coded from proquest page images 2007-09 jonathan blaney sampled and proofread 2007-09 jonathan blaney text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the second part of a short demvrrer to the ievves long discontinued remitter into england . containing a brief chronological collection of the most material records in the reigns of king john , henry 3. and edward 1. relating the history , affaires , state , condition , priviledges , obligations , debts , legal proceedings , justices , taxes , misdemeanors , forfeitures , restraints , transactions , of the jews in , and final banishment out of england , never formerly published in print : with some short usefull observations upon them . worthy the knowledge of all lawyers , scholars , statists , and of such jews who desire re-admission into england . by vvilliam prynne esquire , a bencher of lincolns-inne . amos 3. 3. can two walk together , unless they be agreed ? gregorius lib. 7. registri epist . 226. surius tom. 2. concil . p. 698. cùm excellentia vestra ( reccaredus rex gothorum & suevorum ) constitutionem quandam contra judaeorum perfidiam dedisset , hi de quibus prolata fuerat , rectitudinem vestrae mentis inflectere pecuniarum summam offerendo , moliti sunt ; quam excellentia vestra contempsit , & omnipotentis dei placere judicio requirens , auro innocentiam praetulit . si igitur ab armato rege in sacrificium dei versa est aqua contempta , pensemus quale sacrificium omnipotenti deo rex obtulit , qui pro amore illius non aquam , sed aurum accipere contempsit . itaque fili excellentissime fidenter dicam , quia libasti aurum domino , quod contra eum habere noluisti . london printed , and sold by edward thomas in green arbor , 1656. to the ingenuous reader . the extraordinary coldness and shortness of the time i had , to compile , transcribe , publish my short demurrer to the jews long discontinued remitter into england , that it might come into the world in due season , before any final resolves upon the late whitehall debates , and consults concerning it ; necessitated me not only to omit three or four less pertinent passages in some of our historians concerning the english jews , ( with some few others relating to their misdemeanors in foraign parts ) which i have since supplied ; and to be more sparing in refuting reverend sir edward cooks mistakes , touching the time of the making of the statute de judaismo , and the jews voluntary banishing of themselves thereupon , without any particular act or edict of the king and parliament for their universal exile and expulsion hence ; ( which i have more fully refuted in the * second inlarged edition thereof , beyond all contradiction ) but likewise to leave out most of the unprinted records in the reigns of king john , henry the 3. and edward the 1. relating to the history , state , affairs of the iews in england under them , and to their final banishment thence ; which records , because i could not conveniently insert into the second impression , for fear of increasing it into an over-large bulke , and of over prejudicing those who had bought the first edition ; i have therefore digested into a chronological method , according to their series of time , and published apart by themselves in this second part ; that so such who have bought the first impression , may annex them thereunto ; and those who shall buy the second , may bind them up with it , if they see cause ; into which * impression i have inserted only such new records , ( not extant in the first ) as were necessary to clear some passages in our histories , and to refute our learned sir edward cooks mistakes , whose venerable authority hath misguided many , especially of the long robe , in point of the jews expulsion , and date of the statute de iudaismo . vvhat new light , information , or satisfaction this additional publication may yield to the judicious readers , consisting of unprinted , and for the most part unknowu records , never formerly published , i cannot divine : yet the great satisfaction my former demurrer hath given to , and kind acceptation it hath found with most godly and judicious persons throughout the nation , give me some good assurance , that this appendix to back and illustrate it , will not be unwelcom , but delightfull to them , especially to those of my own profession , for whose information i principally intended it . i hope both of them united , will through gods blessing prove , a perpetual barr to the antichristian iews re-admission into england , both in this new-fangled age , & all future generations ; maugre all printed pleas , and endeavors for their present introduction , the sole end of their publication by the unfeigned weak endeavor to promote his saviours honour , religions safety , with his native countries weal and prosperity by this undertaking , william prynne . lincolnes inne , feb. 1. 1655 , 6 , the second part of a short demurrer to the iews long discontinued barred remitter into england . having in my late short demurrer to the jews long discontinued barred remitter into england , presented the world with an exact chronological history of the english jews and their affairs , from their very first arival in england under king william the conqueror , till their universal final banishment and expulsion thence , in the 18 year of king edward the first , after about 260 years continuance in our island , collected out of the best printed historians , law-books , and some few records ; i conceived it not only expedient , but necessary to second , amplifie and illustrate it , with this new chronological collection of such unprinted , and generally unknown records ( remaining in the tower of london , and exchequer ) during the respective reigns of king john , king henry the 3. and edward the 1. as properly relare to the history , state , affairs , legai transactions , proceedings , contracts , government of the iews in england under these three kings , and to their final banishment hence , which for want of time and other causes i could not conveniently insert into my first demurrer . the reasons inducing me hereunto are , 1. the rarity and novelty of these records never formerly published in print . i have been informed by persons of credit , that our great learned late deceased antiquary mr. iohn selden , many years since made a particular collection of the records concerning the english iews , and gave them to mr. samuel purchas to insert into his pilgrimage , who in his 3. edit . thereof , lond. 1617. b. 2. ch . 10. sect. 17. p. 171. published a section with this title to it . of the jewes somtimes living in england , collected out of ancient records , by mr. john selden of the inner-temple : wherin there is such a poor maimed accompt given of them , out of records or histories , and so ●ifferent from that delivered him ; that upon the publication thereof mr. selden was very much offended with mr. purchas for abusing him in such a manner , and his readers likewise ; there being not above 3 records , and those maimedly cited in that whole section ; which defect i thought meet here to supply . 2ly , the rectifying and refuting of some mistakes in sir edward cook his 2 institutes , concerning the statute de iudaismo , and the jews banishment out of england , which i have more fully refelled in my second edition , and shall here further clear by several records , . 3ly , the illustration and ratification of some passages in our historians , touching the slavish condition and frequent taxes imposed on the jews by our kings . 4ly , the fuller discovery of the manner of their contracts , stars , legal proceedings , judicatories , transactions and government whilst in england , wherein our histories and lawbooks are very defective . 5ly , the manifestation of the machiavillian policy of king iohn , and henry the 3d , to draw the jews from forraign parts into england , by granting them ample liberties and protection , on purpose afterwards to ensnare , oppress , vex , squeeze & prey upon them and their estates , with far greater greedinesse and advantage . 6ly , to publish to the world the zealous , pious care of our ancestors , even in grossest times of popery , to prevent all communion of christians with , and sed●ction by the jews , to suppress their blasphemy , & convert them , by compelling them to resort to the friers sermons for their edification & providing for their converts , by sundry ordinances not mentioned in any printed english historians , but only in the records here published . 7ly , to adde a further barr to their re-admission into england ; they having been invited hither ( if menasseh ben-israel may be credited ) by divers eminent persons excelling both in piety and learning , as well as power : who from the beginning of their government of this commonwealth have professed much respect and favor towards them , & made known unto them some years since , that wished for liberty that they now are about to grant them ; as he in his late humble addresses , and declaration to the commonwealth of england hath published to the world in print ; being now inquiring after a convenient summer-house , intending to settle himself at least , if not his exiled nation , here among us : whereas a pierce gaveston , a forraigner , and the two spencers , great potent englishmen , have heretofore lost their lives and heads for returning into england , without the parliaments and nobles license , though by the kings own invitation , and license , when banished thence by parliament ; which this jewish rabbi , and his banished countrimen may do well advisely to consider , for fear of afterclaps . the first records of our former kings now extant ( except some few charters , and exemplifications of them in leiger-books , records , and histories ) are those of king iohn preserved in the tower of london , and exchequer . amongst the charter b rolls of this king iohn , i find a special charter of his in favour of the jews , made in the first year of his reign , dated at rhoan , july 31. ( anno dom. 1199. ) whereby he grants to james of london , a jewish priest , the priesthood of all the jews throughout england , to have and hold it during his life freely , quietly , honorably , and intirely , without molestation , trouble or disturbance by any jew or englishman in the exercise thereof , &c. ( such a charter as menasseh ben-israel now aspires after for himself , as his addresses intimate ) which because i find printed by c mr. samuel purchas , and d sir edward cook , and i have already published it verbatim in my short demurrer , edit . 1. p. 44. and edit . 2. p. 50. 51. ) i shall here pretermit , with this observation ; that in the close thereof there is mention made of a charter of king richard , granted to this jew , that he should not be impleaded for any thing appertaining to him , but only before the king himself or his chief justice . this is the very first charter extant on record conning the english jews . what is recorded of them in our histories before this rime , i have e elsewhere published at large . i find another charter of safe-conduct , granted by k. john to this jewish priest the self-same day and year as the former , for his safe and free passage , and of all things appertaining to him , in all places , both on this side and beyond the sea , without any injury , molestation , impediment , or grievance to be done unto him , more then to the king himself : which being never yet printed , i have here transcribed out of the record it self . f johannis dei gratia , &c. omnibus fidelibus suis , ad quos literae praesentes pervenerint , tàm ultrà mare , quàm citra . mandans vobis & praecipiens , quatenus per quascunque villas & loca jacobus presbyter judaeorum , dilectus & familiaris noster ; transierit , ipsum salvò & liberè cum omnibus ad ipsum pertinentibus transire , & conduci faciatis ; nec ipsi aliquod impedimentum , molestiam aut gravamen fieri sustineatis , plus quam nobis ipsis . et si quis ei in aliquo forisfacere praesumpserit , id ei sine dilatione emendadari faciatis . teste vvillielmo marisco , &c. dat. per manum hu. cantuar. archiepiscopi , cancellarii nostri apud rothomagum , 31. die julii , anno regni nostri primo . it is observable , that both these charters were made not in england , but at rhoan in normandy , whence king william g the conqueror first transplanted the jewes into england : and that both the charters to this high priest os the iews , were granted by the hand of hubert , archbishop of canterbury , then chancellor , primate , metropolitan and high priest of the english nation , whose successors have justified the divinity and lawfulness , of their archiepiscopal jurisdiction from the jewish high priests office , and pagan archflamins . sic mulus mulum scalpit . dignum patello operculum . king john having granted such priviledges and protection to this jewish high priest and bishop in the first year of his reign , proceeded ( by his and their monies most powerfull mediation ) to confirm and grant many ample priviledges and immunities to all the english and norman jews in his 2 year , by these two ensuing charters , not formerly printed , which i shall here transcribe verbatim as i finde them on record . the first runs thus . h johannes dei gratia , &c. sciatis nos concessisse omnibus judaeis angliae & normanniae , libere et hono●ifice habere residentiam in terra nostra , & omnia illa de nobis tenenda quae tenuerunt de rege henrico avo patris nostri ; et omnia illa quae modo rationabiliter tenent in terris et feodis , & vadiis & akatis suis : & quod habeant omnes libertates & consuetudines suas sicut eas habuerunt tempore praedicti regis h. avi patris nostri , melius & quiecius & honorabilius . et si querela orta fuerit inter christianum et judaeum , ille qui alium appellaverit ad querelam suam dirationandam habeat testes , scilicet legittimum christianum & iudaeum . et si iudaeus de querela sua breve habuerit , breve suum erit ei testis . et si christianus habuerit querelam adversus iudaeum sit judicata per pares judaei . et cum iudaeus obierit , non detineatur corpus suum super terram , sed habeant homines sui pecuniam suam & debita sua , ita quod mihi non disturbetur , si habuerit haeredem qui pro ipso respondeat & rectum faciat de debitis suis & de forisfacto suo : et liceat judaeis omnia quae eis apportata fuerint sine occasione accipere & emere , exceptis illis quae de ecclesia sunt , & panno sanguine lento . et si judaeus ab aliquo appellatus fuerit sine teste , de illo appellatu erit quietus solo sacramento suo super librum suum , et de appellatu illarum rerum quae ad coronam nostram pertinent , similiter quietus erit solo sacramento suo super rotulum suum . et si inter christianum & iudaeum fuerit dissentio de accommodatione alicujus pecuniae , judaeus probabit catallum suum , & christianus lucrum . et liceat judaeo quietè vendere vadium , postquam certum erit , eum illud unum annum & unum diem tenuisse . et judaei non intrabunt in placitum , nisi coram nobis , aut coram illis qui turres nostras custodierint , in quorum ballivis iudaei manserint . et ubicunque iudaei fuerint , liceat eis ire ubicunque voluerint , cum omnibus catallis eorum sicut res nostrae propriae , & nulli liceat eos retinere , neque hoc eis prohibere . et praecipimus quod ipsi quieti sint per totam angliam & normanniam de omnibus consuetudinibus & theoloniis & modiatione vini ficut nostrum proprium catallum . et mandamus vobis & praecipimus quod eos custodiatis , & defendatis , & manu-teneatis ; et prohibemus ne quis contra cartam istam de hiis supradictis eos in placitum ponat super forisfacturam nostram ; sicut carta regis h. patris nostri rationabiliter testatur . t. humf. filio petri com. essex , willielmo de marescal : com. de pembr . henr. de bohun com de hereford , robert de turnham , willielmo brywer , &c. dat. per manum s. well . archidiac . apud merleberg , decimo die aprilis , anno regni nostri secundo . the second patent runs in these words . i johannes dei gratia , &c. sciatis nos concessisse , & praesenti carta nostra confirmasse judaeis nostris in anglia , ut excessus qui inter eos emerserint , exceptis hiis qui ad coronam & justitiam nostram pertinent , & de morte hominis & mahemio , & de assaltu praemeditato , & de fractura domus , et de raptu , et de latrocino , & de combustione , & de thesauris , inter eos deducantur secundum legem suam , et emendentur , & justitiam suam inter se ipsos faciant . concedimus etiam eis , quod si quis eorum alium appellaverit de querela quae ad eos pertineat , nos neminem compellemus ad testimonium cuiquam eorum contra alium exhibendum , sed si appellator rationabilem & idoneum testem habere poterit , eum secum adducat . siquod verò opus sceleratum & apertum inter eos emerserit quod ad coronam nostram vel ad justitiam pertineat , sicut de praedictis placitis coronae , licet nullus eorum noster appellator fuerit , nos ipsam querelam faciemus per legales judaeos nostros angliae inquiri : sicut carta regis h. patris nostri rationabiliter testatur . teste g. filio petri com. essex , willielmo mareschallo com. de pembr . hen : de bohun com. de hereford , petro de pratell . roberto de turnham . willielmo de waren , hugo : de nevil , roberto de veteri ponte . dat. per manum s. well . archidiac . apud merleberg . x. die aprilis , anno regni nostri secundo . both these charters were dated at the same place , on the self-same day , by the self-same hand , and subscribed by the same witnesses for the most part . the first of them extends to all the jews both in england and normandy , the latter to the jews in england alone : the persons subscribing them as witnesses , were eminent both for honor and power : and it appears by the recitals in the charters , that the liberties granted and confirmed by them to these jews , were wholly , or for the most part such as king henry the first , grandfather , and k. henry the 2. father to king john had formerly granted and confirmed to them by their respective charters , and if you compare that law inserted by * hoveden and others amongst the confessors and conquerors laws . de judaeis in anglia constitutis . you will find it taken almost verbatim out of these kings charters , in whose times hoveden writ his annals , and puny to the confessors and conquerors laws , in the true original copyes whereof it is not to be found . we need not much wonder that king iohn did grant such large liberties and charters as these recited to the jewish high priests and jews throughout his dominions , since some few years after ( as k matthew paris writes ) he sent special embassadors to admirallus the great mahometan king of africk , fesse and spain , profering to surrender up his crown and kingdom to him , and hold them under him as his vassal ; and likewise to reuounce the christian religion , as vain , and faithfully to adhere to the mahometan religion . for which he was much scorned and derided by ihis mahometan prince , as the dregs both of kings and men : he will soon turn a compleat turk , who is become half a jew . these liberties thus ratified by king iohn , drew many jews into england out of forraign parts with their wealth and treasure , according to the old proverb , fistula dulce canit volucres dum decipit auceps . but when these decoyes had drawne them and their wealth into the net , you may read how he plucked off their feathers and tormented their bodies to gain their monies in our historians , and my * first demurrer . amongst the records in the treasury of the receiver of the exchequer in the 4th year of king iohn , i find one bonefand a jew indicted at bedford for gelding and cutting off the yard of one richard , whereof upon his trial he was acqitted : as the record it self will more fully manifest in its own dialect . placita capta apud bedeford a die sacti michaelis in 〈◊〉 septim : coram simon de pateshall , & rich de faukenbrig , & sociis suis , anno regni regis johannis 4to . rot. 5. in dorso . hundr . de clipton . robertus de sutton appellat bonefand judaeum de bedeford , quod ipse in pace domini regis , & nequiter fecit ementulare ricardum nepotem suum , unde ipse obiit : ita quod ipse fecit portare eum usque in terram suam de hacton ; quam ipse habet in vadio , & ibi obiit : et hoc offert probare . et tunc bonefand venit , et defendit totum , & offert domino regi 1 marc . pro habenda inquisitione , utrum sit inde culpabilis vel non : et iuratores inquisiti dicunt , quod non est culpabilis inde : et ideo bonefand sit quietus , & robertus in misericordia pro falso appello : and in the margin of the roll custodiatur is written . this is the first indictment i find upon record against a jew . not long after king iohns charters confirmed , the jews fell to their usual trade of clipping and washing the current coyn of the kingdom , as is evident by this new ordinance against this abuse , and touching the assise of moneys , in the 6 year of king iohn . l assisum est de moneta , quod vetus moneta currat unde quelibet libra sit lacta ii . s. vi . d. ad plus , & libra quae plus lactaverit , & denarii qui plus lactaverint perforentur & reddantur sicut alias provisum fuit . iudaei vero aurifabri , & mercatores forinici emant moneta ista victum et vestitum suum tantum , sed non debent prestitum vel merchandizas facere , nisi de grossa et forti moneta quae sit de lege & pondere denariorum sterlingorum . et ad cognoscendum denar : de praedicto lacco , exeat a monetaria nostra i. pempeis , & liberetur cui voluerit habere habendum usque ad pentecosten anno regni nostri 7. de lacco octavae partis denarii . item denarius qui de caetero fuerit , scilicet post natale . anno regni nostri 6. inventus intonsus in alicujus manu perstietur , et ille cujus manu captus fuerit , capiatur ut lat : item prohibitum est , quod nullus vetus denarius reblangietur , et qui eum reblangiaverit , sit in misericordia nostra de toto catallo suo , et amittat quod reblangiavit . item denarius debet omnis fabricari , ita quod sit de equa lege & pondere , habens circulum exteriorem , et quod nil sit extra illum circulum , & ubi aliter inventus fuerit , fabricator et custos ejus sint in misericordia nostra de toto catallo suo . item si quis cambiaverit denar . vel argentum alibi quam ad cambium nostrum ( salvo cambio domini cantuariensis archi episcopi apud cant. ) tam cambiens quam recipiens , cum eo quod cambiaverint , capiantur . et assisum est , quod nullus capiat ad cambium pro libra de fine et argento plus vel minus quam denar . de lege ; et quod nullus denarius exeat de cambio nostro , vel dom cantuar. nisi sit legalis de victualorum . itē inquiratur per liberos et legales homines in civitatibus , burgis & villis , quis christianus vel judaeus denarretondit , et qui inventus fuerit retonsor christianus vel judaeus , capiantur omnia catalla sua , et corpus suum mittatur in prisonam nostram , et sit in potestate nostra de justitia facienda . item si denarii qui non sint rationabiles de lege & pondere inventi fuerint in manu judaei aurifabri , vel mercatoris forinseci vel servientium eorum , pro merchandisa , vel prestito faciendo , assisum est , quod illi in quorum manu fuerint inventi , ( nisi tantum ad victum & vestitum suum emendo , ut praedictum est ) capiantur . t. me-ipso apud winton , 26. die jan. the same year king iohn granted this ensuing safe-conduct to one hamechun a jew , to come and reside in england like other jews . rex , &c. iusticiariis , &c. sciatis quod dedimus hamichuno judaeo nostro firmam pacem nostram , ita quod concessit salvò venire et ibi stare , sicut alii iudai nostri in terram nostram , pro bono servicio suo quod nobis fecit in castro audel . cum dilecto & fideli nostro r. constab . cestriae . et ideo vobis mandamus et firmiter praecipimus , quod firmam pacem nostram sicut praedictum est , habeat . teste me-ipso apud westm . 2 die novembr . the jews by m capitula de iudaeis , enacted and published by rich. the 1 recited at large in my former demurrer , were obliged to register all their contracts , morgages , obligations , debts , and to put them into a common chest with 3 locks and keyes , kept by certain christians and jewes specially designed for that purpose , as you may there read at last . this chest was called n arca cyrographica , or cyrographorum iudaeorum : and the notaries or registers of them stiled , cyrographi christiani et iudaei arcae cyrographicae london , oxon , or other such city where such chests were kept . all their deeds , obligations , and releases were usually called stars , and starra , starrum , starr : in our latin records . from the hebrew word shetar ( contracted by the omission of he ) which signifieth a deed or contract . these stars were written for the most part in hebrew alone , or else in hebrew on the one side or top of the parchment , and in latin on the other side , or bottom of the deed after the hebrew . some of these stars were sately extant amongst the evidences and writings belonging to the dean and chapter of westminster , writ in very fair hebrew characters ; and one of them i have lately seen in the treasury of the exchequer , written in hebrew without pricks , in king iohns reign , at the top ; the substance whereof is thus expressed in latin just under it , lik an english condition under a latin obligation . istud star fecit hagius filius magri de london , domino ade de strattona , de acquietantia de stanmore de omnibus debitis in quibus dominus s , de cheyndut ei tenebatur : ita quod idem iudaeus nec haeredes sui , nihil exigere possunt de praedicto ade , nec de haeredibus suis ratione terrae de stanmore de praedictis debitis . if any christian indebted and obliged to any jew by any star or writing put up & reserved in this chest payed not the same at the day appointed , tother with all the interest where any interest was reserved ; then he sued forth letters by way of proces against him , both for the debt and interest under the notaries or registers hand , to appear before the iustices specially appointed for the government and custody of the jews , to recover the same , paying to the king for a fine for such letters and licence to sue , unum basantum , or besantum ( as it is variously written ) for every pound of money he sued for , as appears by sundry instances in the fine rolls both of king iohn , henry the 3. and edward the 1. of which we have these 3 instances together in the fines of the 6 year of king iohns reign . * isaac filius joie habet literas super martinum martel de xxv marcis , cum lucro , per cirografum . elias de burgi judaeus habet literas super eundem martinum martel de xx libris , cum lucro , per cirografum . manasserus grassus habet literas super eundem martinum martell de xxiiii marcis , cum lucro , per cirografum ; dominus rex debet habere de qualibet libra unum basantum . * and in the same roll of this year there is one more such president , mosse judaeus fil . leonis habet literas super vvalterum fil . radi de huncetanosiot de xlviii marc . cum lucro per cirografum , capiatur de qualib . libra 1 besantum ad opus domini regis . in the treasury of receipts in the exchequer in the xth . year of king iohn , there is this record touching the manner of proving the validity of the jews charters , if denied , or alleaged to be counterfeit , by the testimony of two christians and two jews , &c. according to the forementioned charter of king iohn . inter placita apud vvestm . anno x regis johannis termino hilarii in octabis sancti hilarii rotulo 9 in dorso . samuel mucun & muriel judaea petunt versus herebertum filium heb. ccccl . de catallis de debito israel , per quandam cartam ; et producunt duos christianos & duos judaeos paratos ad hoc probandum prout curia consideraverit . herebertus dicit , quod carta illa falsa est , & ideo falsa , quia sigillum illud nunquam suum fuit , nec cartam illam fecit , nec pecuniam illam mutuo recepit : & producit sigillum suum eburneum & plurimas cartas , sigillo illo sigillatas , tam de abaciis , quam de confirmatione terrarum . and hereupon i find no further proceedings in this record ( printed a little out of its due place , before these ensuing proceeding it in time , could be transcribed . ) it seems every jew in that age had his proper seal to seal charters , stars and obligations therewith , which yet were good in law if really sealed by him though with any other seal than his own . in the 5 year of king iohn , the jews of london being assaulted , disturbed and misused by the people against the kings protection and peace , thereupon the king at their request , sent this sharp letter to the mayor and barons of london , committing the jews there to their protection and defence . and threatning severely to punish , and require their blood at their hands , if they should suffer any injury through their default . * rex , &c. majori & bar. london , &c. semper dileximus vos multum , & jura & libertates vestras bene observari fecimus , unde credimus vos nos specialiter diligere , & ea quae ad bonorem nostrum , & pacem & tranquilitatem terrae nostrae eduntur , libenter velle prestare . verum cum sciatis , quod judaei in speciali nostra protectione sint ; miramur , quod iudaeis in civitate london morantibus malum fieri sustinetis ; cum id manifeste sit contra pacem regni , & terrae nostrae tranquilitatem : ita quidem magis miramur et movemur , quia alii iudaei per angliam ubicunque moram fecerunt , exceptis illis qui sunt in villa vestra , in bona pace consistunt . nunc id tamen diximus pro iudaeis nostris , pro pace nostra , quia si ●uidam tantum pacem nostram dedissemus , debetur inviolabiter observari . de caetero autem iudaeos in civitate london morantes , vestrae committimus custodiae , ut si quis eis malum facere attentaverit , vos manu forti eis subsidium facientes , eos defendatis . vestris enim manibus eorum sanguinem modo requiremus , si forte per defectum vestri aliquid mali eis acciderit , quod absit . scimus enim bene quod per fatuos villae et non per discretos hujusmodi eveniunt , et debent discreti fatuorum stultitiam compescere . teste meipso apud montem fortem 29 die julii . this smart letter demonstrates the kings cordial affection to the jews , though more for his own advantage than theirs . in the fine rolls of the 6 of king iohn i find this kecord . * galfr. de salvage dat 10 mar. ut willus de hardreshal acquietet ipsum versus jacob. iudaeum northampton de plegagia debiti , unde pleg . willi. fuit versus eundem iudaeum , et unde queritur , quod pro defectu ejus distringitur : et mandat . est licent . quod si ipse willus non fuerit , et ipse galfr. ips . sect . &c. in the clause rolls of the 7 & 9 years of k. iohn i find these 3 short records manifesting the kings power both to remit their usury , due upon contracts , and to respite their debts themselves . * rex constabulario wallingford , &c. praecipimus tibi quod pacem habere facias roberto de maure de usuris debiti iudaeorum de termino quem monstrare poterit , quod fuerit in servicio nostro cum equis et armis ultra mare per praeceptum nostrum . teste meipso apud wodestoke 25 die maii , per iusticiarios . * rex w. de warren et sociis suis , &c. mandamus vobis , quod quietum esse faciatis abbatem sanct : radegunde de usuris debitorum iudaeorum , de duobus annis proxime praeteritis usque ad instans pasche anno reg . nostri 9. dum fuit in servicio nostro , per praeceptum nostrum . et summoneatis iudaeos quibus ipse debita debet , quod sint coram iusticiario nostro g. fil . petri , & eoram nobis a die pasche in 15 dies , ad recipiendum ab eo finem debitis illis . et mandetis vic●quibus necesse fuerit , quod nullam interim districtinem faciant eidem abbati pro debitis illis reddendis , t. g. fil . petri apud suth . 25 die marcii . * rex w. de warren et sociis suis custodibus iudaeorum , &c. mandamus vobis quod quietum esse faciatis rogerum wesperill de usuris debitorum quae debet simoni iudeo oxon. ab hoc inst . pasce anno reg. nostri 9. usque ad pasche prox . sequent . et interim ei respectum habere faciatis de praedict . debitis . t. aaron . norwic. apud clarenden 21 die marcii , per eundem . by these 3 presidents it is apparent , that the jews usury was condemned , and no ways favoured by king iohn and his justices in that age , long before either the statute of merton 20 h. 3. c. 5. or de iudaismo 3 e. 1. c. 1. were enacted , and that the king would by no means permit it to run against any whilst actually imployed in his service , nor others whom he favoured , to whom he released the usury at his pleasure , and his judges likewise by his command . in the roll of fines of the 9 year of king iohn i find these two cases concerning extents of lands for the debts of jews in that age . * margareta de lucy dat quinque marcas pro habenda haereditate de kerchel , et de hammes quam robertus de lucy quondam vir ejus invadiavit iudaeis in vita sua ; & quod iudaei capiant se a debito , quod idem robertus eis debuit super praedictum vadium , ad haeredem ips●us roberti , qui haereditatem suam tenet . et mandatum est vicecomiti , quod accepta ab ea securitate de praedictis 5 marcis , faciat ei habere plenariam seisinam de praedicta haereditate sua , quae capta fuit in manum domini regis occasione praedicta . et mandatum est iusticiariis iudaeorum , quod de praedicto debito capiant se ad haereditatem praedicti roberti , quam haeres ejus tenet . the husband morgaged his wives inheritance to a jew for a debt , and dies , for which the wives lands being taken by way of extent into the kings hands , upon the wives suit and fine of 5 marks , her land is discharged , & the husbands land descended to his heir charged with , and extended for it ; all the lands of the jews debtors on that age ( before the statutes of acton burnel , or de mercatoribus 13 e. 1. ) being liable to extents for their debts , as this record of the same year resolves , especially if assigned , forfeited to , or seised by the king. * mandatum est baronibus de scaccario , quod omnes terras quas jollarius de anumdevil habuit tempore quo ipse mutuo accepit debita de aaron judaeo , capiantur in manum dom. regis quicunque illas teneat , pro 200 & 72 libris , quas ipse domino regi debuit de debito aaron ; & fimiliter districtionem faciatis de omnibus aliis quae dom. regi tenentur de debito aaron de 26 lib. 8 sol . & 9 d. by this record it appears , that debts to jews in that age were in the nature of judgements and statute , binding all the debtors lands he had at the time of the money borrowed , into whose hands soever they came afterwards . the king at this time claimed such an absolute jurisdiction over the jews debts , that he used to discharge or release them absolutely , or for life , and to respite them as he pleased , as this and other presidents manifest . * rex omnibus , &c. sciatis quod quietavimus roberto silio rogori tota vita sua , de omnibus debitis judaeoorum , willi de chesney patris margaretae uxoris ejusdem roberti ; & praecipimus quod inde sit quietus , tota vita sua : & in hujus rei testimonium , has literas nostras patentes ei fieri fecimus . teste meipso apud wimo , 19 die augusti . in the 13 year of king john ( of which there are no rolls or records in the tower ) i meet with this notable record in the treasury of the exchequer , touching the jews assignment of their debts to christians and exrents upon them by judgement of the justices assigned for the custody of the jews , whom the assignee thereupon vouched to warranty in this case . placita a die sancti michaelis in 15 dies anno regni regis johannis 12. capta apud westmonasterium , inter alia sic continetur , & sequitur , rotulo secundo assisa venit recogn . si rob●rtus de kanvill injuste & sine judicio disseseivit willielmum couse & beatricem uxorem ejus in lincoln infra assisas , & robertus venit & dicit , quod assisa non debet procedere , quia ipse babet seisinam inde per preceptum domini regis , ut ille qui fecit finem cum judaeis quibus idem willielmus debuit debitum super tenementum illud : unde ipse profert cartas judaeorum , quas ipsis acquietavit per finem illum : & vocat justiciarios judaeorum ad wa●rantum , quod habuit inde seisinam per eos ut de vadio suo : quia nihil juris clamat in tenemento illo , nisi ut de vadio , & justiciarii judaeorum sic warrantizant : ideo consideratum est , quod willielmus in misericordia & robertus teneat in vadium suum . by the clause roll of the 15 of king iohn it appears , that the king then seised , granted , and sold the houses of the jews at his pleasure ( as a lord his villains ) without any other title but his absolute soveraignty over them , witnesse these writs of his compared together . * rex majori & vicecom . london , &c. sciatis quod dedimus dilecto & fideli nostro com. de ferrariis domum isaac judaei de norw . &c. in london in parochia sanctae margaretae , cum redditibus & omnibus pertinentiis suis , & cartam nostram eo modo fieri fecimus . et ideo vobis mandamus , quod secundum tenorem ejusdem cartae nostrae ei sine dilatione plenam seisinam habere faciatis . t. meipso apud craneborn 8 die julii . * rex vicecom . & praeposit . oxon. salutem . sciatis quod ad petitionem venerabilis patris nostri n. tuscul : episcopi apostol . sedis . legati , concessimus albrico fil . isaac judaeo domos suas , et domos quae fuerunt isaac patris sui in oxon. , quae non valent per annum nisi viginti sol . ut dicitur . unde vobis mandamus , quod plenam seisinam domorum illarum ejdem albrieo fine dilatione habere faciatis , nisi valeant per annum plus quam 20 s. t. w. brewer apud freemer 11 die novemb. this year the king laid an heavy tax upon the jews , at bristol , which some jews in southampton refusing and delaying to pay , the king thereupon issued this writ to the sheriff of southampton to apprehend and send them prisoners to bristol , unlesse they presently paid it . * rex vic. suthampton , &c. precipimus tibi quatenus omnes judaeos de balliva tua qui nondum peracquietaverunt se de tallagio apud bristol super eos posito , vel qui statim se nunc acquietare noluerint ad castrum de bristol per literas tuas sine dilatione remittas , et eis ibidem constabulario nostro liberari facias . significavimus autem illi quod eos recipiat cum illuc venerint , et omnes denarios quos de illis recipisti vel recepturus es , sicut reipsum diligis , habeas in scaccario nostro apud westm . in crastino assumptionis beatae mariae . t. meipso apud beneden 26 die iulii . * these jews no doubt were ordered thus to be sent to bristol castle , to meet with such a toothdrawer as one of them there found some years before . this year king iohn sent these letters to his governers and officers in rochel , oleron and zaunt , to cause the jews to surcease their exaction of usury there , which you formerly heard he discharged here at home . * rex majoribus et praepositis rupellae , de aloron , et de zante , salutem . mandamus vobis , et singulis vestrum , quod iudaeos balliva vestra cessare faciatis ab exactione usurarum quam faciunt . therefore their usury was suppressed , condemned long before the statute de iuddismo in 3. e. 1. this precept of the kings i find thu seconded by a decree of the popes legat in those parts , made in the council of burdeaux against the jewish usury , and rancked in the van of all the other decrees there enacted . * haec sunt statuta quae venerabilis pater robert : de tur. sarrosanctae romanae ecclesiae leg. sancti stephani in monte coelio presbyter cardinalis statuit authoritate legationis suae , in concilio celebrato apud burdegal , cum aliis quae in francia statuit . sicut praecepit dominus per pro. in locis suis de judaeis , ita fiat , ut scilicet barones omnes quae tenent judaeos compellant ipsos remittere usuras cruce signatis : et si hoc efficere contemnunt , compellantur omnes mercatores per censuram ecclesiasticam , ne aliquam communionem cum eis , aut in contractibus , aut in mercimoniis impendant , aut in quibuslibet ; si autem super hoc barones incorrigibiles inveniantur censura simili percellentur . in the fine rolls of the 17 of king iohn pars 1 there is this pardon of a jews debt , which this king seised to his own use . * dominus rex pardonavit nicholao de wancy 10 lib. quas ei debuit de debitis iudaeorum ; & mandatum est baronibus de scaccario , quod ipsum nich. de praedict . 10 libr. quietum esse faciant ; t. apud windsore 16 julii . in the 18 and last year of king iohn , i find his writ to the barons of the exchequer to allow upon the account of hubert de burgo , amongst other things , carnarium judaeorum & iudaearum in castro de lossins . it seems some jews of both sexes were then strictly imprisoned , either for their taxes , or some misdemeanors not mentioned in the record . these are the most material records i have found in my search relating to the jews affairs , during the not long , but unfortunate troublesome reign of king iohn : i proceed to those of henry the 3 his son and successor , which are more copious , various and delightfull both for matter and rarity . in the very first year of king henry the 3. being ( then an infant under the wardship of the earl marshal his protect , ) some iews being formerly arested & imprison'd , there issued forth these writs and mandates for their release , the cause of their imprisonment not appearing . * mandatum est w. marescai juniori , quod sine dilatione deliberari faciat cheram iudaeam de winton , quam galfred de laurton , et frnnket servientes sui ceperunt , et captam detinent , et ut permittant ipsam cheram sine impedimento venire usque winton , quia dominus rex plenam pacem suam ei concessit . t. com. ( to wit w. earl marshal then protector ) apud vvinton 22 die aprilis , anno reg . dom. regis primo . et mandatum est praedictis g. et franket , quod ipsam cheram sine dilatione deliberent , et sine impedimento permittant venire ad vvinton . t. eodem . * rex iosceo de plugenap , salutem . mandamus vobis firmiter precipientes , quod sine dilatione et occasione aliqua deliberetis , et quietum abire permittatis ioppe fil . iocei de vvilton iudaeum quem cepistis et captum tenetis . et in hujus rei testimonium , &c. t. comite apud winton 21 die aprilis an. reg . nostri primo . rex rico fil . rog. salutem . mandamus vobis sicut alias mandavimus firmiter praecipientes , quod sine dilatione et occasione aliqua deliberetis isaac fil . solomonis iudaeum quem cepistis apud winton , ipsumque mittatis quietum ad comitem vv. marescallum rectorem nostrum et regni nostri apud vvinton . in cujus rei testimonium , &c. teste com. apud vvinton 21 die april . an . reg . nostr . primo . king henry in the second year of his raign , being informed by his counsel what great advantage he might make by the jews upon all occasions , by the advice of his counsel sent forth thse special writs and le●ters parents to 24 burgesses in each town where the jews resided , to protect them and theirs from injury ; appointed special justices for their custody and affaires , and likewise confirmed all their former liberries for protection of their persons and estates from violence , and exempting them from the bishops jurisdiction , and all other courts and judicatures whatsoever , but those justices he specially appointed for their custody . and likewise commanding all the jews to wear two white tables in their breasts ▪ that thereby they might be manifestly distinguished from christians , and the better known and secured from injury and violence by those their new protectors . * rex constabulario et praepositis gloucest . salutem . mandamus vobis , quod sine dilatione liberetis jud●●os nostros gloucest . 24. burgensibus gloucestriae custodiendos ; nec permitta●is quod ipsi iudaei ab aliquibus vexentur , & maxime de cruce signatis vel aliis . nomina autem burgensium quibus illos commiteritis custodiendos imbreviari faciatis . et ipsi &c. t. com. apud glouc. x die martii . anno reg : nostri secundo . * rex . vic . lincoln salutem . praecipimus tibi quod eligas 24. de meloribus et discretionibus civibus lincoln , qui custodiant iudaeos nostros lincoln , et qui non permittant , quod aliquis eis malum vel injuriam faciat ▪ de cruce signatis vel aliis : & qui , &c. t. com. apud oxon , 30 die marcii . * rex omnibus ballivis , et fidelibus suis , salutem , sciatis , nos de communi consilio ●ostro , attornasse dilectos et fideles nostros ric : de doli , magist . alex. de dorset , & elyam de suvinges ad scaccarium iudaeorum custodiend : et ad omnia negocia nostra quae pertinent ad officium illud rectand : per totam angliam . et ideo vobis mandamus , quod praedicto ric : alex. et elye ●itis intendentes , & in omnibus quae spectant ad officium illud , sicut fieri solebat tempore will : de wartun , thom. de nevil , & galfr. de norwic. t. com. apud west : 8 ▪ die maii. not long after , the same year , there were several writs sent to the sheriff of hereford and others , to protect the jews persons and estates from violence , which the people were prone to offer to them , and to preserve them from all suits and arrests against them for contracts or other things both in the bishops ecclesiastical court , and before the sheriffs , or kings ordinary justices and judges ; but only before the justices specially designed for their custody , as in the time of king iohn , which writs were all sent them in this form . * rex vicecomiti hereford salutem : scias , quod de communi concilio nos●ro concessimus judaeis nostris , ut ipsi maneant in hereford , sicut solebant tempore domini johannis regis patris nostri , & quod talem habeant communionem qualem habere consueverant inter christianos . et ideo tibi praecipimus , quod eos custodias , manuteneas , protegas , non eis in●etens vel inferri permittens , aliquod gravamen vel molestiam , & si aliquis eis in aliquo forisfecerit , id eis sine dilatione facias emendari . et clamari facias pertotam ballivam tuam , quod eis sirmam pacem nostram dedimus , non obstante 〈◊〉 pro●i●itione inde facta , ab episcopo hereford , 〈◊〉 nihil ad ipsum pertinet de judaeis nostris . et prohibemus tibi ne manus mittas in eos , aut in catalla eorum , nec eos capias aut imprisones , nec in placitum trahas , aut a justiciariis nostris ab aliquo trahi permittas ; set si aliquid fecerint quare poni debeant per vadium & plegios , tunc illos & eorum excessus attachies , quod sint coram justiciariis nostris ad custodiam judaeorum attornatis , inde responsuri , & hoc facias per visum legalium christianorum & judaeorum ; et non permittas quod placitentur in curia christianitatis occasione alicujus debiti . et haec omnia fieri facias , sicut fieri solebant tempore johann . regis patris nostris teste com. apud turrem london 19 die junii , anno &c. secundo . eodem modo scribitur vicecomiti wigorn. vicecom . & civibus eborum . vicecomiti & constabulario lincoln , & de stanford , & constabulario bristol . pro judaeis de bristol , & vicecom . & constabul . gloucest . pro judaeis gloucestriae , & vicecom . & constab . northamton : & vicecom . suthampton , & civibus winton pro judaeis : there being jews then residing in all these places . in the 2 year of king henry the 3. i find this kings writ to several sheriffs where the jews resided , to proclaim , that all the jews where ever they did walk or ride , should on their upper garments wear 2 white tables on their breasts , made of linnen cloath or parchment , as well within the town as without , that so they might be known from christians . rex vicecomiti wigorniae salutem : praecipimus tibi , quod clamari & observari facias per totam ballivam tuam ; quod omnes judaei deferunt in superiori indumento suo , ubicunque ambulaverint aut equitaverint infra villam vel extra , quasi duas tabulas albas in pectore , factas de lineo panno , vel de parcameno : ita quod per hujusmodi signum manifestè possint iudaei à christianis discerni . teste comite ( to wit , william marshal earl of glocester the kings guardian and protector ) apud oxon. 30. die martiii . item mandatum est vicecomit . glocest . vvarwick , lincoln , oxon , northampt. majori & vicecomitibus london . * in the fine roll of 2 h. 3. there is a writ directed to the barons of the exchequer by the king ; reciting , constat nobis per inspectionem rotulorum iusticiariorum de iudaismo , &c. that king iohn his father released mirabilia the wife of ely a jew , of all debts due to him by her husband : ita quod omnes chartae quae fuerunt ipsius eliae , & debita in eis contenta ipsi patri nostro remaneant : that king iohn upon elye his death , seized and granted all his houses , except two , which mirabilia by agreement was to have , paying a fine of 15 marks to his father , which was not yet paid ; which agreement he confirmed , and thereupon orders the sheriff to levy the said fine and debts . t. com : apud gloc. 3. die ian. it appears by many rolls of 2. ( and also of 3 , 4 & 5. ) h. 3. that king iohn seized and ga●e away to other● the houses of divers jews , both in glocester , oxon , northampton , and that king henry likewise disposed of them ; as escheated to him , either by the jews deaths , or for some other causes : take these two presidents for all the rest . * rex ful● : de breant , salutem ; mandamus vobis quod sine dilatione habere fac . pho : marc. domum quae fuit isaac iudaei de eboraco in northampton , et domum quae fuit isaac judaei oxon in oxon , quas dom. jo. pr. noster dedit galf. luterel , cujus terrae et haeredis custodiam concessimus eidem pho. t. com. apud west . 17 die jan. per ipsum com. coram dom. winton . eodem modo scribitur vic. oxon. pro eodem , et ballivis iudaeorum oxon. pro eodem . rex vic. glouc. salutem ; constat nobis per inspectionem rotulorum nostrorum , quod dom. j. rex , pater noster , dedit guiberto de rue domum quae fuit elye iudaei gloc. &c. cum quadam placita quae fuit mossei judaei cum pert . suis : et ideo tibi praecipimus quod eidem guiberto de praedict . domo & placia plenariam seisinam sine dilatione habere fac . t. dom : pet. winton apud novum templum london , 23. die sept. per eundem . in the 3d. year of king henry the 3. some jews coming into england from foreign parts with their goods to reside there , the wardens of the ports of england seised upon the persons and estates of these unwelcom guests ; which occasioned these new writs to be sent unto them , for their free admission into england without impediment or seizure , upon such security and terms as are expressed in the writs , and prohibiting the transportation of any jews or their chattels out of this land into foreign parts , without the kings special letters and license being once within his power . o rex custodibus portuum angliae . praecipimus vobis quod judaeos qui venturi sunt in terram nostram angliae de transmarinis partibus ad morandum in terra nostra angliae , cum catallis suis , liberè , et sine impedimento in portu nostro ●●cedere permittatis , accepta ab eis sufficienti securitate , secundum legem judaeorum per fidem eorundem , quod quam citius poterint , veniant ad iusticiarios nostros ad custodiam judaeorum assignatos ad inrotuland : nomina eorum in rotulis nostris . et si aliquem judaeum qui de partibus transmarinis venerit , sicut praedictum est , retinueritis , ipsum et catalla sua sine dilatione deliberari faciatis . si quos autem inveneritis iudaeos de terra nostra qui ad vos venerint ad transfretandum usque ad partes transmarinas sine literis nostris de licentia transfretandi , ipsos cum catallis suis arrestari faciatis , donec a nobis , vel a iusticiariis nostris ad custodiam indaeorum assignatis inde aliud mandatum habueritis . t. petro vvinton episcopo apud vvestm . 13 die novemb. anno regni nostri tertio . divers debtors of the jews made a fine with king iohn in the 10th . year of his reign to be paid at certain terms , of which payments they failing , the jews thereupon paying the fine had these debts assigned them by king henry the 3. and a precept to extend all the lands they had in 10 of king iohn , prohibiting the taking of any use from them before the kings assignment , but allowing use afterwards , as this record demonstrates . * rex vic. lincoln et eborum salutem . quia gilb. de bercumworth , norm : de arecy ( and 5 more there named ) non servaverunt terminos suos de fine quem fecerunt cum dom. rege patre nostro de debitis iudaeorum : nos de consilio nostro die sancti . martini , an. reg . nost . 3. liberavimus helie de linc. iudaeo , debita eorundem de quibus finem fecerunt , per finem quem idem helie nobis fecit . ita quod de eisdem debitis , exigere possit totum catallum suum sine lucre quod sibi de cetero proveniet . et ideo praecipimus g. de bercumworth quod sine dilatione reddat eidem helie 316 l. 10 s. ( cum lucro quod sibi excreverit a praedicto die sancti martini ) item praecipimus norm . de arecy quod sine dilatione reddat eidem helie 23 l. 17 s. &c. ( reciting the other 5 debts at large ) cum lucris quae de praedictis debitis excreverit a praedicto termino . et nisi fecerint , tunc sine dilatione seisiatis ipsum h. ( and the rest ) de omnibus terris et redditibus quae fuerunt praedict . debitorum in balliva vestra , an. regni dom. i. regis patris nostri decimo , quae scil . terrae et redditns sunt vadia nostra pro praedict . debitis , sicut contineretur in rotulis nostris in quibus cartae & ciro●grapha omnium praedictorum irrotulentur , et ipsum in 〈◊〉 illa custodiatis , et manuteneatis ; non ei inferentes aut inferri permittentes in seisina illa aliquod gravamen vel molestiam . istud autem mandatum nostrum ita diligenter ex●quamini , ne pro defectu vestri debita nostra ad terminos eidem helie statutos remaneant insoluta , &c. t p. winton epo ▪ apud vvinton . 13 die nov. an. reg . n. tertio . after which follows this patent reciting that isaac of norwich a jew made a fine of 10000 marks to king iohn ( a vast summe in that age ) to be paid by a mark every day till it was satisfied . * rex baronibus de scac. salutem . sciaris quod recepimus per manum vener . patris nostri p. wynton , epis . in 15 dies post nativ . sancti . iohis . baptistae , an . &c. 2. usque ad festum st. martini an. &c. tertio . utraque die computata , quolibet die 1 marc . de fine quem isaac de norw . fecit nobiscum pro 1 marc . nobis singulis diebus reddend ▪ pro fine 10 mil. marcarum quem fecit cum dom. ioh. rege patre nostro , et rei hujus , &c. per ipsum com. et ipsum wynton . epis . an. &c. 3. the jews in that age and before , used to assign over debts to the king , to satisfie their taxes , and other duties : whereupon the king gave them a discharge from being sued for these debts but only before himself , his chief justice , or the justices assigned to them ; witness this prohibition . rex omnibus ballivis , &c. prohibemus quod non permittatis quod aliquis judaeus vel judaea , in balliva vestra trahat in placitum mossaeum fil . isaac de colecester judaeum , de debito w. hastings , quod ei liberavimus per finem quem modo nobiscum fecit ; quod quidem debitum idem mosseus et fratres sui , haeredes praedicti isaac , liberaverunt quietum in thesaurarium nostrum in salvatione debiti quod dictus isaac debuit domino johanni regi patri nostro , nisi coram nobis , vel capitali justiciario nostro , vel justiciariis nostris ad custodiam judaeorum assignatis : sine ●o quod inde speciale mandatum nostrum habuerint . t. h. de burgo , &c. in the 5 year of henry the 3. the king granaed the custody of a jews house in melchstreet escheated to him till his full age by this writ . * rex rico de dol. et magist . alex. de dorset , et sociis suis ad custod . judaeorum assignatis , salutem . sciatis nos concessisse dilecto nostro luce capellano , h. de burgo justiciarii nostri , custod . domus et terrae cum pertinentiis quae fuerunt solomonis de melchstreet judaei , quae sunt in manu nostra sicut escaeta nostra occasione judaeorum , usque ad aetatem nostram . et ideo vobis praecipimus quod eidem luce plenam seisinam sine dilatione habere faciatis . t. h. apud turr. london 7 die ian. an . reg . n. 5. per eundem in the 7 year of this king the archbishop of canterbury , and bishop of lincoln had issued forth precepts , that none should buy any thing of , nor sell any victuals or necessaries to the jews , nor have any communnion with thum ( being excommunicated persons for their infidelity and usury by the laws of the church : ) whereupon the king issued forth this ensuing writ to the sheriffs and maior of canterbury and lincoln , and the like writs to others upon the jews complaint , commanding all to sell them victuals and other necessaries , and apprehend and imprison those that refused , notwithstanding the bishops inhibition . * rex vicecomiti lincoln , & majori cantuariae , salutem . osten●●●nt nobis judaei nostri lincolniae , quod ratione praecepti venerab . patr . s.s. cantuariensis archiepiscopi , et episcopi lincoln . facti de judaeis , ne quis eis victualia vendant , nec communionem habeant cum eis , nec inveniant aliquem qui eis aliquid vendant : ideo vobis praecipimus quod visis literis istis , praecipi et clamari faciatis ex parte nostra in balliva vestra , quod vendantur eis victualia , et alia necessaria in civitate cantuariae et alibi illum capiatis , et corpus ejus salvo custodiatis , donec aliud mandatum praeciperimus . teste h. &c. apud westmon . 10 die novemb●is . eodem modo ●cribitur majori & praeposito oxon. de iudaeis oxon. et . ballivis de norwic. de iudaeis norwic . in the fine rolls of 7 h. 3. i find several respites of debts demanded from the jews by the kings officers by processe out of the kings exchequer for the jews , till the next account upon several grounds , take these two instances for all the rest of that nature in this roll , which i shall omit . * mandatum est vicecomiti eborum , quod demandam quam facit eustachiae de courtenay de debitis judaeorum per summonitionem scaccarii , in respectu ponat usque super proximum compotum suum ad festum sancti michaelis anno , &c. 7. ut tunc coram s. justiciar . ad custodiam judaeorum assignat . discuriatur , utrum ipsa de debitis illis respondere debeat , cum ipsa nihil teneat de tertis quae fuerunt willielmi filii anceturi quondam viri sui , qui debita illa bebuit , nisi nomine dotis . test , h. &c. apud vvestm . 7 die sept. * mandatum est vicecomiti kanciae , quod demanda 46 solidorum et 8 denariorum quam facit vvillielmo cissori nostro de debitis judaeorum , per summonirionem scaccarii nostri , in respectu ponat usque super prox . compotum suum ad festum sancti michaelis , anno reg . nostri septimo . t. ut supra per eundem . four jews committed for killing an english man , were bai●ed and delivered to 9 other jew●●heir bail , by this writ in 9 h. 3. and their goods , writings , letters rents seised in the interim . * rex vic . suthamt . salutem . praecipimus tibi quod abrahamum de cant. samaris fil lumbard , eliam fil . chierie & abrah . sil . aiare iudaeos , captos & detentos in prisone nostra per praeceptum nostrum , pro morte willi. fil . rici , fil . gervas●i , unde idem ricus eos appellat , tradas in ball. lumbardo duleberigint , ( and 5 others there named ) judaeis nostris wint. cum omnibus catallis quae sunt judaeorum de morte praedict ▪ appellatorum , quas ipsi habeant in terris , redditibus , cirographis , talliis et rebus al●is in manum nostram capiatis , et per visum hominum legalium imbrev●atis , usque ad prox . adventum nostrum apud vvinton . & praedictos lumbard . &c. qui praedictos judaeos de praedicta morte appellatos in ball . ceperunt , et corpora dictor . judaeorum appellatorum ad veritatem inde plenius attingend . et dic praedicto rico. quod tunc sit coram vobis appellum suum versus eos inde prosecuturus . et habeas ibi hoc breve . t. r. apud winton 12 die julii , an. 9. coram justic . in the 10 of h. 3. i find this record conteini●g an agreement with some jews concerning a debt which the king commands to be observed , because inrolled . * mandat . est iustic , ad custodiam iudaeorum assignatis quod finem quem vvillus de lancaster fecit coram eis pro rogero de leiburn cum bonefaunt de glou. mirabile mater ejus iudaei , ( and 6 more jews there named ) de debito quod ipse roger eis debuit , qui quidem finis irrotulatus est in rotulo scac. iudaeorum ▪ ut dicitur , sicut recordatus fuit coram ipsis iusticiariis , et irrotulatus , teneri faciant . t. r. apud gaytington 17 die julii anno r. n. 10. fines 10. h. 3. m. 9. respite is given benedicto crespen , & aliis iudaeis , to pay a great debt annually to the king at certain terms by set sums , and the justices for the jews to allow it . and ibid. dors . 4. memorandum quod dom. rex pardonavit roberto de vvolfraton 9 marc . quas debet leoni iudaeo linc. unde loquendum est ei cum eodem iudaeo ad scac. dom. reg. coram iustic . ad custod . iudaeorum assignatis , et quod charta sine dilatione ei reddatur , that so he might not sue him on it afterwards . in the 11 of h. 3. one augustine a iew turning a christian convert at canterbury , the king commanded the sheriff to restore him his house , ( which was forfeited upon his conversion ) by this precept . mandatum est vic. kant . quod habere faciat augustino converso quandam domum in iudaismo in cant. quae sua fuit antequam ad fidem converteretur , non obstante eo quod conversus est . t. rege apud red. 17. die jan. anno 14. h. 3. some iews were sent up prisoners to the tower and ordered to be speedily tried for stealing of cloth and clipping of money , as this warrant manifests . * mandatum est constab . turris london , quod iudaeos subscriptos quos rex ad eum mittit , per adam custard , & richard de donne , servientes vic. salop : viuianum : & bell : uxor : ejus , isaac & ann. uxor ▪ ejus , et aguinam judaeam , et aaron , rectatos de latrocinio panni et tonsura denariorum , recipiat , et ipsos in turre london salvo custodiat , quousque stephanus de sedgrave venerit london ; cui rex mandavit , quod in primo adventu suo usque london , ipsos judaeos coram se venire faciat : et si ipsos inde culpabiles invenerit , de ipsis fieri faciat quod secundum consuetudinem angliae fuerit faciendum . t. rege apud reading 3. die martii . et mandatum est ipsi stephano quod in primo adventu suo london loquelam illam audiat , et de illis quos inde culpabiles invenerit fac . judicium fieri secundum legem et consuetudinem regni , non expectata super hoc praesentia regis , et de aliis qui non sunt culpabiles , faciat quod viderit faciendum , &c. t. ut supra . in the 15 of h. 3. the king sent this writ to the sheriff of kent commanding him to summon 6. of the richest and potentest jews of canterbury , and so many more of rochester , to appear before him at westminster to hear his command , and to bring up with them all their own and the other jews arrerages of canterbury and rochester , of the 8000 marks , and likwise of the 6000 marks , ( not long before imposed on them ) with the arrears of the 1000. marks promised to him by the jews of england to respite their debts , witness the record it self . mandatum est vicecom ▪ kanc. quod sicut seipsum et omnia sua diligit , venire faciat coram rege apud westm . à die pasche in 15 dies , sex : de ditioribus et potentioribus iudaeis villae cantuariae , et totidem de villa roff. ad audiendum ibidem praeceptum regis . ita quod ad eundem terminum habeant ibidem omnia arreragia sua propria sine omni dilatione , similiter et arreragia omnium iudaeorum praedictarum villarū , quae dom. regi debent , tam de tallagio 8. millia marcarum , quam de tallagio 6 millia marcarum , e● preterea id quod ad iudaeos praedictarū villarum adhuc pertinet regi reddendum de mille marcis quae regi promissae fuerunt nomine omnium iudaeorum angliae pro respectu habendo debitis quae ab eis exigebantur : ea diligentia hoc praeceptum regis executur : ne pro defectu suo ad eum rex se graviter capere debeat . et habeat ibi nomina illorum sex iudaeorum , et hoc breve . t. rege apud clarendon , 26 die marcii . anno 16 h. 3. i find this grant of a jews house by the king. * rex concessit richo . de sancto johanne capell : domum illam cum pertinentiis in vico de pater noster church london , quae fuit rici le ailer , et modo est in manu jacobi iudaei london , et floriae uxoris ejus : habendum de dom . rege sibi et haeredibus suis , vel ●ni●unque ea dare , vendere , vel aliter assignare voluerit . et mandatum est justic . ad custod : iudaeorum assignatis , quod eidem rico : de domo praedicto cum pertinentiis , plenam seisinam habere faciant , sicut praedict . est . teste rege apud westmonast . xviii . die iulii . † pro quibusdam iudaeis to pay their fines and debts by certain portions at some terms . in the 17 year of h. 3. the king imposed a tax upon the jews of 10000 marks ; which they being unable to pay presently , had certain dayes assigned to pay it in , by several sums mentioned in this record , some special jews excepted . rex concessit judaeis angliae ( exceptis isaac de norwic . et ursell , et fratris sui haeredibus ham. de hereford ) quod de 10 mille marcis , quas regi debent de ultimo tallagio , solvant ad scacc. regis ad festum sancti michaelis , an : 17. 500 l. et ad pasche prox : sequent : 500 l. & si bene respondeant regi de dictis mille libris ad praedict . terminos , et de aliis arreragiis quae regi debent ; tunc solvant similiter de eisdem 10000 marcis , anno proximo sequent : 1000 l. ad eosdem terminos scil : ad festum sancti michaelis ann. 18. 500 l. et ad pasch . prox . seqaen : 500 l. et postea per annum 2000 marc . ad eosdem terminos , donec dictae 10000 marc . sic regi plene solvantur . concessit etiam rex eisdem judaeis , ( praeter dictis isaac , et fratribus ejus ) quod interim quieti sint de tallagio scil : quousque dictae 10000 marc . persolutae fuerint , sicut praedict . est . ita tamen quod illi judaei qui manuceperunt pro omnibus iudaeis angliae tallagium 8000 marc . regi plene respondeant de arreragiis ejusdem tallagii , & quilibet judaeus respondeat pro se de arreragiis tallagii 6000 marc . quia tunc talliati fuerunt per capita , & de aliis debitis et finibus quae regi debent , non obstante hoc fine interim regi respondeant . in cujus &c. t. pet. winton episc . apud westm. 2 die . martii . per eundem & justic . it is evident by this record , that there were 3 several taxes lately imposed , one by the pol●on every particular jew , who was obliged to pay his proportion : the other of 8000 marks , imposed on all the jews generally throughout england , which some of them were engaged to see paid to the king , the other of 10000 marks to be paid at certain dayes , by parcels as aforesaid . the arrears of all which , besides other debts and fines to the king lay charged all on them at once . in the pleas of the 18 year of king henry the 3. i find many things touching the jews and their affairs . as namely , that memorable plea , concerning the iews circumcising a child at norwich ; in the placita 18 h. 3. rot . 21. kept in the treasury of the exchequer ; which because i have printed at large in the 2 edition of my former short demurrer , &c. p. 19 , 20 , 21. and for that it is briefly touched in mr. samuel purchas his pilgrimage . edit . 3. lib. 2. c. 10. sect . 7. with this observation on it , out of celsus , l. 7. c. 25. that by chirurgery the skin of a circumcised child may be drawn forth again to an uncircumcision : i shall here pretermit , to avoid repetition and prolixity . the jews were such unwelcom guests to all towns and places in england where they resided , that king henry granted this ( as a special priviledg ) by his charter to the town of new-castle , and their heirs , that no iew from thenceforth should remain or reside in their town , during the reign of him and his heirs , as is evident by this record in the tower. t rex vice●●mi●i northumberland : salutem : sciatis , quod concessimus & carta nostra confirmavimus probis hominibus nostris de villa novi castri super tynam & haeredibus eorum , quod habeant hanc libertatem , quod nullus iudaeus de caetero tempore nostro , vel haeredum nostrorum maneat , vel residentiam aliquam faciat in eadem villa , sicut plenius continecur in carta regis quam eis modo fieri fecimus : & mandatum est eidem vicecomiti , quod dictam cartam in pleno●comitatu suo legi et clama●i faciat , et praedictam libertatem eis habere permittat , sicut praedictum est . teste rege apud kenit . quarto die iulii , per godfrid : de crancumb . if then it were a great priviledge , liberty , benefit , happiness to the town on new-castle and their heirs , to be thus perpetually exempted from the residence and cohabitation of any jews amongst them under this king , his heirs and successors , certainly by the self-same reason it must be so likewise to all other cities , towns , and the whole realm of england ; and a great violation of their liberties , and impeachment of their prosperity now again to introduce these blasphemous old banished jews amongst the english , against their wills and consents . in the plea-rolls of anno 18 h. 3. there are many things concerning the jws affaires , sundry complaints and inquisitions concerning the oppressions and exactions of peter de rivallis , stephen de segrave , and robert de passelew justices of the iews , & for their bribes received from the iews , against whom simon cirographarius iudaeorum petit literas ; and in rot . 17. & 20 , dorso . peter de rivallis being then under a cloud , amongst other things proffered to surrender up to the king , totam forestarium angliae et iudaismum , which the king had granted him . in the 19 h. 3. the king sent this writ to prohibite all jews hereafter to be obedient to robert de passelew , as their iustice , being discharged of his office for his bribes and misdemeanors . † mandatum est constabulario turr : london , quod scire faciat iudeis london , et aliis iudeis qui apud london venient , quod de catero in nullo sint intendentes vel respondentes roberto passelewe de ●iis quae ad custodiam iud●orum pertinent , donec dominus rex aliud inde praeceperit . t. r. apud gloc. 30 die maii. this year also the jews accused and imprisoned at norwich for circumcising a child at norwich the year before , were commannded to be removed thence to the tower of london , as this record assures us . * mandatum est vic. norf. quod iudaeos de norwic. captos et detentos in prisona regis pro transgressione quam fecerunt de quodam parvo christiano circumcidendo , ut dicitur , suis literis mitti faciat ad custos eorum , usque london ; liberandos ibidem constabulario turris london , cui rex praecepit per literas suas quas eidem vic. mittit ei mittendas , quod eos recipiat , † et eos salvo custodiat . t. r. apud west . 21 die novemb. the indictment and whole proceedings against them i have * elsewhere at large rela●ed . ●●●nd this respit of their trial for which they paid a fine . de respectu . rex iustic . suis itinerant . in com. suff. salutem . mandamus vobis quod iudicium quod faciendum est de quibusdam iudaeis de norwic. qui capti sunt et detenti in prisona nostra pro transgressione quam fecerunt de quodam puero christiano circumcidendo ponatis in respectum coram n4obis apud london usque in 15 dies a die saencti hil. an. r. n. 19. accepta prius securitate de praedictis iudaeis de centum marcis ad opus uostrum reddendis , pro hoc respectu habendo , et habeatis tunc coram nobis recordum illius loquelae . mandamus enim vic. norf. quod cum festinatione praedictos iudaeos mitti faciat usque lond. liberandos ibidem constabulario turris nostrae london . t. r. apud westm . 21 die novemb. the same year the king sent this writ to the sheriff of northfolk and suffolk to proclaim , that no iew should lend any money from thenceforth to any christian that held any demeasne lands of the king , in socage or villenage upon the lands themselves , but only upon their chattels and moveables , under pain of lofing the money lent , or falling under the kings amer●ment . * rex vicecom . norf. & suff. salutem . praecipimus tibi quod clamari facias per totos comitatus tuos , quod nullus iudaeus de caetero aliquam pecuniam credat alicui christiano , qui teneat de nobis in dominicis et maneriis nostris , per servicium scocagii uel villenagii , super terram vel tenementum aliquod quod sit de dominico nostro , set si ipsi christiani mutuam videlicet a iudaeis pecuniam recipere vellint , illam recipiant super vadium catallorum , et rerum mobilium : et si aliquis contra hoc praeceptum nostrum in posterum venire presumpserit , iudaeus pecuniam sic creditam amittat , et in misericordiam nostram incidat , et christianus similiter tenementum suum in perpetuum , videlicet illud quod tam temere contra praeceptum nostrum obligaverit . amittat . teste rege apud certes 1 die sept. the same year * mandatum est vic. buck. quod non permittat quod aliquis judaeus de caetero maneat in villa de vveycumbe sed iudaeos qui ibidem sunt manentes sine dilatione amoveri fac . et maneant in aliis villis in quibus prius manere consueverant . t. r. apud herwic , 28 die novemb. this year i find this notable proclamation . mandatum est vicecomiti norf. et suff. quod in civitate de norwic. et singulis bonis villis com. suorum , clamari faciat , quod nulla faemina christiana de caetero serviat iudaeis ad alendos puerulos suos , vel in aliquo alio officio . teste r. apud vvestm . 20 die ian. per ipsum regem . vrsilla filia hamonis de hereford judaei , pays a fine of 5000 marks , pro habendis terris , domibus , et omnibus debitis et ca●allis quae fuerunt praedict . hamonis to be paid at certain days . such fines of iews to enjoy their fathers houses and chattels , are frequent in the fine rolls . * isaac a jew was this year fined 100l . de pluribus transgressionibus de quibus convictus fuit coram justic . dom. reg. ad custod . iudaeorum assignatis . in this year also the king discharged aaron a jew of york from all tallages whatsoever during his life , paying annually into his exchequer one hundred marks yearly at two terms for his exemption . * rex omnibus ad quos presentes litterae perveniunt , salutem . sciatis quod concessimus aaron de ebor. judaeo , quod ipse toto tempore vitae suae quietus sit de ta●lagio ; reddendo per annum ad scac ▪ nostrum cent. marc . ad duos terminos , scil . 50 mar . ad fest , pasch . et 50 marc . ad festum sancti michis . ita quod de debitis quae nobis debuit de quibus finem fecit nobiscum , reddend : per annum ad scac. nostrum cent . solidos quietus erit per praedict . 100 mar . an . in cujus , &c. t. r. apud suthan 13 die feb. et mandatum est iusticiariis ad custodiam iudeorum per literas clausas , quod ita fieri et irrotulari faciant . vvhich exemption is frequently mentioned and ratified afterwards , and yet availed him very little , as i have elsewhere manifested out of mat. paris . * aaron de york to pay 100 marks per an . to the kings exchequer to be free from taxes during all his life . in 20 h. 3. i find this pardon of usury due to a jew by the king. rex pardonavit roberto de pe●tiling totam usuram debitorum quibus tenetur isaac judaeo nottingh . et benedicto judaeo warwic . salva praedictis judaeis ●orte predict . debitorum . * et mandatum est justiciariis ad custod . judaeorum assignatis , quod de usura praedicta ipsum robertum quietum esse , et ad sortem eorundem debitorum praedict . judaeis redendam eidem roberto rationabiles terminos habere faciant . t. rege apud winton 10 die iunii . this year the inhabitants of suthampton being weary of the jews company , who intruded themselves into the town , procured this grant from the king to be quit of them ( unlesse by special command ) for the future . rex concessit burgensibus suis suthampton , quod nullus iudaeus de caetero maneat apud suthampton sine speciali praecepto regis : et mandat . est . iusticiariis ad custod . iudaeorum assignatis , quod illinc nullum iudaeum mittant ad manendum ibi , nec aliquem ibi remanere permittant sine speciali praecepto regis . t. rege apud winton 21 die iunii . i conceive all corporations in england will be as unwilling to entertain any iews now to dwell amongst them , as the inhabitants of suthampton ( and those of newcastle , and wickham forementioned ) were to receive them in that age . in this year i find one iew extending the lands of another iew for a debt , by this vvrit to their iustices for that end . mandatum est iustic . ad custod . iudaeorum assignatis . quod per sacramentnm proborum et legalium hominum extendi faciant domos et terras aaronis benedicti suthampton in suthampt. et in la hull , videlicet quantum valeant per annum in dominicis , redditib●s , serviciis . villenag . et omnibus aliis exitibus : et fac . extendi praedict eidem aaroni rationabilem finem , et rationabiles terminos habere fac . ad debita in quibus tenetur david iudaeo oxon. et deuleben fil . ursel . iudaeo winton , secundum valorem praedictar . domorum et terrarum e● quantitatem praedictorum debitor●● 〈◊〉 quod i●t●rim cessent usurae ( which here one jew took of another ) t. r. apud winton 11 die jun. hen. the 3 in the 21 year of his reign granted the presbytery of all the jews of england ( which i conceive to be rather the custos rotulorum , or controlers place in the kings exchequer of the jews , than the priestly function ) as this record attests . † mandatum ●st iusticia● iis ad custodiam iudaeorum assignatis . quod rex concessit aaron iudaeo ebor. presbyteratum omnium iudaeorum angliae , cum omnibus pertinentiis suis tenendum tota vita sua : et quotiens aaron intendere non possit ad sedend . ad scaccarium regis ad officium illud ( therefore certainly it was a temporal office in the kings exchequer , not an ecclesiastical priesthood in the jewish synagogues ) ioceu fil . copin loco suo recipiat , ad ea facienda ad scaccarium regis quae ad officium illud pertinent ( therefore a temporal office only to be executed in the exchequer , and that by deputy as well as in proper person , which the jewish high priesthood could not be ) rotulos etiam qui fuerunt joc●i presbyteri praedecessoris sui ( ●his office therefore was to keep the rolls , as comptroler ) eidem aaron , vel praedicto attornato suo habere faciant . t. rege apud clarendon 29 die september . which record , together with that of claus . 27 h. 3. ●ars 2. m. 3. hereafter cited , doth most fully convince me upon second thoughts , that the presbyteratus omnium iud●orum totius angliae granted by king iohn's charter forementioned , in the 1 year of his reign to iacob the london jew , was not an ecclesiastical high priesthood epis●opacy , or priestly aaronical function , but exercised over all the english jews in their synagogues , as sir edward coook , m● . selden , mr. pur●has , * dr. fuller , and others generally assert , as a thing beyond disspute , whose venerable authorities at first induced me to that opinion , but a meer secular office in the kings exchequer of the jews to keep the rolls of comptroll , which this aaron had now granted to him in the self-same words , † as are used in king iohns charter , and his predecestors before , and successors after him enjoyned by like charters from the k. a thing now clear to me upon consideration , that the jewish priesthood in the old and new testam . latin authors , and records , is never stiled presbyteratus , but * sacerdotium , nor their priest not high priest ; presbyter omnium iudeorum ; but sacerdos , pontifex , max. summus sacerdos , &c. and upon my comparing of several records together since the 3 , 4 , and 5. pages of this second demurrer printed ( which i could not transcribe , nor compare together till afterwards ) that it is past all dispute . this year the king imposed a tax of ten-thousand marks upon the jews , from the immediate payment whereof no iew was to be excused or respited , but by the kings special writ , as these two records informe us in this very year . * mandat●m est iusticiariis ad custod . iudaeorum assignatis , quod de arreragiis tallagii iudaeorum , de 10 mille marc . quae colligi pre●ipit rex , nullos iudaeos quietos . esse permittant , nisi tallagium illud ad scac. regis pacaverint , vel literas regis de quietancia inde habuerint , vel aliud rationabile warrantum producant , quod eis de jure sufficere debeat . teste rege apud marleburge 13 die december . * rex quietum clamavit aaron iudaeum ebor. de plegiag . 10 mil. marc . de tallagio posito super iudeos . unde idem aaron fuit unus de 10 plegiis . in cujus , &c. t. r. apud westm . 18 die iunii : per archiepisc . ebor. it seems 40 rich iews were pledges to the king for the due payment of this 10 thousand marks tallage , whereof aaron being one , was now discharged by this ●oyal instrument . some iews in oxford were this year imprisoned for forcibly taking away a iewish child , converted and baptized ; who being afterwards found , they were released by this writ . * mandatum est constab . oxon : quod omnes iudaeos quos cepit et captos tenet in castro oxon : occasione cujusdam parvi conversi et baptizati , qui dicebatur per ipsos iudaeos raptus esse , et qui jam inventus est apud oxon , sine dilatione deliberet . teste rege apud westm . 4 ▪ die novem. in 22 h. 3. there was a new heavy tax imposed on the jews , which some jews in bristol to avoid , thought to flie the land , whereupon they were there imprisoned ; and at last released , upon giving security not to depart the realm and to pay the tax ; as this record attests . † mandatum est constabul . bristol , quod si lumbard et isaac iudaei bristol capti et in prisona bristol detenti , eo quod fugere volebant è terra regis , fecerint eum securum , quod moram facient in terra regis , et quod reddent in medio quadragesimae ann. &c. 22. id quod ad eos pertinet de tallagio regis , tunc eos ita deliberet è prisona . t. r. apud westm . 5 die martii . there are several records this year for extending lands for the debts of jews , take one for a president of the rest . † mandatum est jus●ieiariis ad custod . judaeorum assignatis quod extendi faciant terram roberti de ardern , quae est vadium crispini , & aliorum judeorum , et secundum valorem et quantitatem debiti , rationabiles terras eos habere faciant , t.r. apud merleburge 25 die martii . the like extent ( mutatis mutandis ) is granted this year against the lands of william marschal . in the clause rolls of 22 h. 3. & in the dorse of the fine roll of 23. i find this notable case in law , reciting and expounding the statute of merton 20 h. 3. c. 5. concerning usurie , made but two years before it . rex vic. ebor. salutem . ostendit regi ric : de watervill , quod cum in curia regis coram justiciariis suis apud westm . per considerationem ejusdem curiae recuperasset versus rogerum de colevill , custodiam terrae quae fuit odmelli de albano in dalton usque aetatem haeredis ejusdem odmelli ; aaron de ebor. judaeus cujus vadium dicta terra dicitur esse , postea per breve regis recuperavit seisinam ejusdem terrae , tanquam vadium suum . quia vero rex generaliter concessit in regno suo , * quod haeredibus infra aetatem existentibus non currant usurae super terras suas quae vadia sint judaeorum , nec hujusmodi invadationes aufer●e debent dominis feodorum custodiam t●rrarum quae de eis tenentur per servicium militare . mandatum est vic. ebor. quod praedict . nicho. de praedicta terra nomine custod : talem seis●am faciat qualem inde habuit antequam praedicto judeo per praeceptum regis seis●am inde habere fecit . t. r. apud windsore 17 die junii . if sir edw : cook had been so well seen in records as most deem him , he would certainly have remembred this in his commentary on the statute of merton , cap. 5. i meet with these four records in 23 h. demonstrating what fines releifs the jews heirs paid to the king to enjoy their estates after their decease , &c. † aaron judeus ebor. & benedictus fil . jossei haeredes samuelis fil . joscei judei , finem fecerunt cum rege pro habendis terris et catallis quae fuerunt praedicti samuelis pro centum libris , de quibus reddit xx l. per annum : scil . x l. ad pasch . an. 23. & ad festum sancti michaelis anno eodem x l. et sic de anno in annum , et de termino in terminum , donec praedict . 100 lib. plene fuerint solutae . et mandatum est justic . ad custod : judaeorum assignatis , quod ita irrotulari , & omnes terras et catalla praedicta eisdem aaron et benedicto deliberari faciant ; salvo uxori ejusdem samuelis rationabili dote sua , secundum legem et consuetudinem judeorum , quam quidem do●em idem justiciar . ei sine dilatione facient assignari . t. r. apud vvoodstock , 18 die novembris . † rex baronibus suis de scac. salutem . sciatis , quod concessimus ursello fil . hamond de hereford , et fratribus suis , quod de fine quem fecerunt nobiscum pro habendis terris 〈◊〉 catallis praedicti hamonis patris sui , habeant eosdem terminos quos eis prius concessimus , et tantundem nobis reddent per annum quantū reddere dēbent per praefatam concessionem nostram eis prius factam , ita quod primus terminus eorum incipiet ad pasch . an . r. n. 23. & sic deinceps reddant nobis de termino in terminum tantum denar . per ann . quant : reddere debuerunt per praedict . concessionem , donec totus finis nobis persolvatur , non obstante eo quod praedicti ursell : et fratres sui terminos suos quos eis concessimus non observarunt , t. r. apud westm . 18 die ian. by these two presidents ( and many others in the fine rols of this kings reign , which i pretermit ) is is apparent , 1. that all the jews goods , chattels , houses , lands , upon their decease remained in the kings hands , neither could their children enjoy them till they had made a special fine with the kings iustices for them , and thereupon had a special writ of restitution awarded to give them actuall possession of them . 2ly . that those fines were usually ordered to be paid by certain portions half yearly , till satisfied by their heirs . 3ly , that all the jews sons were equally heirs to their fathers lands , houses , chattels . 4ly . that their wives were endowed of their lands and houses , and that by special assignment of the iustices assigned for the custody of the iews . 5ly . that if they failed of paying their fines according to their first composition , they must purchase a new order for confirmation thereof , else all was null . in the clause roll of 24 h. 3. pars 1. m. 9. scedula . there is a writ to the sheriff of glocester to receive the debts and goods of one vinion a iew of glocester , in sundry abbots , his wives and others hands , to the kings use , and deliver them to the clerk of the wardrobe . it seems this year the sheriff of glocester had arrested all the iews of glocester upon some occasion , whereupon this writ to restore them issued . mandatum est vic. glouc. quod iudeis glouc. liberam administrationem de cattallis suis mobilibus & immobilibus quae arestatae fuerunt , habere faciat sicut habere debent secundum assisam regni nostri et solent , ita quod occasione nullius mandati prius habiti non impediantur . t. &c. i find this writ the same year for extending lands for a iews debt by the kings almoner . * rex vic. kant . salutem . sciatis quod elias le eveske iudaeus london concessit fratri g. elemosin . nostro . et custodi hospitalis nostri de offspringe , pro fine quem idem frater g. fecit cum eo totum debitum quem andr : kinkerel et rob. de syrycon debuerunt praedict . iudaeo . et ideo tibi precipimus quod eidem fratri g. plenam seisinam habere fac . de manerio de magna delte cum pertinentiis , quod est vadium ipsius iudaei pro dicto debito , et eundem fratrem g. in seisina praedict . manerii manutene●tis , donec a nobis aliud recipies praeceptum . t. r. apud westm . 24 die ian. in the 25 year of henry the 3. i find this writ to several sheriffs , to summon 6 of the richest iews out of all counties and towns wherein the iews resided to come to treat with the king at vvorcester , as well concerning his as their benefit , and to seise as well their bodies as chattels , if they made default herein . * rex vic. northampt. salutem . praecipimus tibi , quod sicut teipsum et omnia tua diligis , et sicut vis quod ac te gravissime non capiamus , venire facias coram nobis apud wigorn die dominica prima ante cineres , sex de ditioribus et potentioribus judae●is nostris northampt. et de singulis villis comitatus tui , in quibus judaei maneant , vel duos judaeos , secundum numerum eorum : ad tractandum nobiscum , tam de nostra quam sua utilitate . sciturus quod nisi illuc ad terminum praefatum vene●erint , ita manum nostram tam erga corpus quam catalla tua aggravabimus , quod tuo perpetuo te sentires non mediocriter praegravari . t. r. apud merleberg . 24 die jan. eodem modo scribitur vic. salop , kauc . lege , ebor. suthampt. worcest . linc. essex , canteb . bedford . herf . warwic . gloucest . buck. huntindon . heref. oxon. et vicecom . london . quod praedictis die et loco venire faciant sex de di ioribus , et potentioribus judaeis london ad tractandum , &c. t. ut supra . here we have a record of a parliament of jews summoned out of every county and town where they inhabited , to treat with the king about that which concerned both his and their profit , but the issue proved far otherwise to them , for they were there constrained to submit unto a tax of 20 thousand marks imposed on them by the king , to be paid that year , whereof these jews themselves were made both the assessors and collectors , and to levy it by most rigorous distresses from their fellow jews together with the sheriffs by the terms prescribed , under pain of forfeiti●g their goods and estates , and the greatest penalties , to the terror of all others , as appears by these memorable records concerning it , wherein most of the principal jews then in all places of england are recorded by name ( being as i conceive those summoned by the former writ to appear before the king at worcester . ) rex ursello fil . ham. leoni fil , ham. mosse sil . ham. jacobo fil . ia●obi , * mauasser leveske , iacobo de moster judeis hereford , salutem . sciatis quod constituimus vos ballivos nostros una cum vic. nostro hereford cui idem mandavimus , ad disttingend . omnes judaeos de balliva vestra ad solvend . nobis tallagium nostrum de parte quae vos et illos contingit de hoc ulrimo tallagio nostro , viginti millium marcarum . et ideo vobis firmiter precipimus , quod sicut corpora vestra , uxorum et puerorum vestrorum , et omnia catalla sua diligitis talem districtionem faciatis ad praedict . tallagium nostrum terminos statutis tam a vobis quam ab aliis de balliva vestra , per manum ejusdem vic. nostri nobis ad sca● . nostrum ▪ plenius solvatur secundum extractam quam eidem vic. nostro vobis mittimus ostende●dam . scituri quod a vobis requiremus , si quid de praedicto tallagio nostro in terminis nostris deficerit , et tam graviter contra vos manum nostram aggravabimus , quod poena vestra erit omnibus ad terrorem . t. r. apud westm . 19 die maii. rex vic. hereford salutem . sciatis quod potestatem dedimus praedictis judaeis ad distingend , omnes judaeos hereford ad solvendum nobis tallagium nostrum de parte quae universis contingit de hoc ultimo tallagio nostro viginti mill . marc . et ideo tibi praecipimus , quod sicut te et omnia catalla tua diligis , talem districtionem facias , una cum praedictis judaeis ad hoc deputatis , quod pra●dict . tallagium nostrum terminis statutis , tam ab ipsis judaeis praedict . quam ab aliis de eadem villa per manum tuam nobis ad scac. nostrum plene solvetur secundum extractam quam tibi mittimus praedictis vrsello et sociis suis ostendendam ; sciturus , quod si contigerit quod de praedicto tallagio aliquid in terminis praedict . defuerit , tam ad corpus tuum quam ad catalla tua nos graviter capiemus . t. r. apud westm . 13 die maii. eodem modo scribitur omnibus subscriptis vicecomitibus ; et judeis de tallagio regis colligendo . the names of the iews appointed to levy it in all places are thus subscribed under these writs , london . benedictus crespin , jacobus crespin , aaron fil . abraham , aaron blund , elias le eveske . leo blund . ebor. aaron fil . jocei , leo le eveske , joseus nepos aaron , joseus de kent . ursel fil . sampson , benedictus nepos aaron . linc. leo fil . solomon , abraham fil . solomon , judas de franceys , joceus de burge , abraham de solitoster , duelcusce fil . elie. cantuar. salom. fil . joce , magist . aaron benomy cop●ius , fil . mulkane , messe fil . sampson , abraham fil . leonis . winton . elias fil . chere , deidegrand lumbard senex , manasser fil . ursell , ayaye de wallingford , kendone fil . ursell . stamford . jacob gener . eman : jacob fil . elye , meyer fil . david , samuel fil . cok. dusefaut fil . cok. aaron gener pictaum . norham . elias de pontefracto , isaac pickether , sampson fil . deulesara , samps . fil . samps . deud . fil . vines , pech fil . sam de ivelcester . bedeford . manser fil . benedicti , abraham fil . benedicti , ursel fil . isaac bovenfunt . cantebrig . isaac fil . samuel , jacob fil . deusestra , aaron fil isaac blund , josce de wilton , dyaye fil . magistri levi fil . solomon . norwic. samuel fil . isaac , isaac de warewic . aaron henne jurninus fil . jacobi , deulecrese fil . dyaya de manecroft , dure de resing . warewick . benedictus de kanc. elias fil . abrah . benedictus de evesham , lion fil . duele beuere , dungeun de warwick , pettemo fil . mossi . wigorn. hake isaac senior , hake mosse fil . deulo heneye , abrah . fil . abraham , isaac gener . samu : abraham fil . jude . bristol . lumbard bonesi de bristol , salom de ivelcester , isaac fil . jacob , mile le eveske , isaac de bath . colecester , aaron de colecester , arcel de colecester , isaac fil . benedicti jacob fil . vinis . notingham . david lumbard , dendone fil . deule cresse sampson leve , benedictus pinkennye . exon. jacob de exon , benefand fil . jude , joce fil . abraham doule , cresse le eveske . dorset . solomon de dorcester , benedictus fil . vinam . wilts . solomon fil . iosse , isaac de herleb . salom de merleberg , abraham battecoke , isaac fil . iesse . oxon. david de linc. bonami fil . copin , copin fil . bonefei , mosse fil . dyaye , vinis fil . copin , samuel fil . le franceys . glouc. bonefaund fil . elye . garsie gener . belie , isaac fil . mosse de paris , elias fil . bonefant . vines fil . bonenf●nd , elias fil : isaac . one of the jews here nominated for london , excusing himself , thereupon others were substituted in his place by these writs . † rex elie blunde judeo london salutem . scias , quod l●co benedicti crespyni assignavimus te una cum vicecom . london , et jacobo crespin , aaron fil . abraham , aaron blunde , elia de eveske , et leone blunde judeis london ad districtionem faciendam circa tallagium nostrum terminis statutis nobis plenarie reddendum . et ideo tibi praecipimus , quod sicut teipsum et catalla tua diligis una cum ipsis viriliter te intromittas ad hoc quo praedict . tallagium terminis statutis nobis plene reddatur , sicut ipsis vic . & aliis iudeis sociis tuis dedi●us in mandatis . ne pro defectu tui paena omnibus tremenda tibi infligatur , t. &c. et dirigunter literae patentes praedictis 4 judeis sub hac forma . rex constabulario turris london , crespin , &c. salutem . sciatis quod loco benedicti crespini , quem prius assignavimus vobiscum ad districtionem faciendam circa tallagium judeorum london , terminis statutis nobis reddend : assignavimus vobis eliam blundum iudaeum london . et ideo vobis mandamus ▪ quod amoto praedict . b. loco ipsius ipsum e. b. admittatis . this insupportable great tax being not levyed by the time prefixed , thereupon the king issued these rigid writs , to apprehend all the●e jewish collectors , distrainers persons , together with all their wives , infants , and bring them prisoners before the king , and to seize all their goods and chattels into the kings hands , and keep them safe in their hands , as these two records demonstrate . mandatum est w. de havershall , quod scire faciat omnibus vic . qui iudeos habent in balliva sua , quod omnes iudeos de balliva sua qui manuc●perunt solvere nobis tallagium suum , una cum uxoribus et infantibus suis , habeant londini à die sancti mic. ad unum mensem : ad respondendum nobis de arreragiis tallagii sui , et quare tallagium illud non solverunt termines statutis sicut manuceperunt : et omnia catalla ipsorum capiant in manum regis , et salvo custodiant donec rex inde preceperit . t. r. apud westm . 26 die sept. another writ issued to imprison them and all those iews who had not paid the tax in the tower of london . mandatum est w. de havershal thes . regis , * quod omnes illos iudeos , qui denarios regi debent de tallagio iudaeorum de hoc termino sancti johannis baptist . prox : praeterito , et etiam illos qui deberent distrinxisse ipsos iudeos ad terminum praedict . observand . venire faciat usque turrim london , et ibidem in prisona salvo custodiri , donec rex aliud inde praeciperet . teste rege apud theokesbury 1. die august . hereupon some jewes assigned over debts to the king in satisfaction of their tallages ; whereupon the king pardoned and released so much as their debts amounted to , as appears by 3 pardons to 3 jews in one schedule , claus . 25 h. 3. m. 17. and purchased special licenses to be exempted from these severe proceedings and distresses upon promise to pay their taxes at the terms appointed , upon which their arrears were released , as this roll informs us , dors . 9. de respectu iudaeorum , &c. * rex baron : de scacc. salutem . mandamus vobis , quod si isaac fil . elye terminos suos observaverit de debito in quo nobis tenetur ad scaccarium nostrum , et quamdin dictos terminos observabit , tunc omnia bona et catalla sua ei in pace demittatis , nullam inde facientes districtionem . ita quod secundum quantitatem et valorem catallorum suorum quae irrotulata sunt in rotulo quae jere. de caxton & w. hardell de tallagio iudaeorum linc. vobis liberaverunt , tallagium super ipsum assedi faciatis . t. r. apud theokesbury , 8. die aug. the jews of london advancing part of this great tax by assignment of debts to the kings exchequer , had this writ to the barons to allow it in their first payments . * . rex baron . suis de scac. salutem . monstraverunt nobis judaei nostri london , quod quendam finem fecerunt nobis cum aliis judaeis pro 20 millia marcas pro tallagio nostro , unde debent solvere 10 millia marcarum ad quindenam nativ . sancti iohis baptist . an. r. n. 25. et 10 millia marcarum ad sancti michis anno eodem , concessimus eis quod id quod receptum est ad scac. vel in traba per manus suas , vel per manus ch●istianorum , pro tertia parte catalloram suorum eis facietis allocari in primo termino 10 mill . marcarum . et ideo vobis mandamus , quod si praedicti judaei london plene nobis persolverint quod ad eos pertinet de primo termino praedictar . 10 millia marc . usque ad summam quam per manus suas , vel christianorum ad scac. vel in garderoba praedicta tertia parte nobis reddiderunt , pro residuo illins termini non distringatis , donec aliud a nobis habueritis mandatum . t. r. the same year the king issued this writ to the mayor and sheriffs of london , to prevent the jews and other goldsmiths exchange and abasing of silver , contrary to the assize of the exchange , and seise those ▪ who were guilty of it , and their silver . rex majori & vic. london , salutem . praecipimus vobis quod in praesentia thes . nostri , et custodis cambii nostri , venire faciatis coram vobis adam de shoredich , thomam de stanes ( and four more named ) aurifabros london , et ab iis sacramentum capiatis , quod nec per se , nec per aliquem alium christianum vel judeum , cambient vel ement , vel vendent argentum aliquod vel in plata , vel in mina , vel in aliquo alio argento , contra assisam et constitutionem cambii nostri ; nec cambiri ; nec etiam procurabunt , nec permittent , nec per se , nec per alium ; et quod diligenter inquirant & inquiri faciant , si qui aurifabri christiani vel judei talia temptaverint , et ●ex quo aliquem cambientem , ementem vel vendentem invenerint contra assisam praedicti cambij , corpus ipsius , cum argento et catallis suis attachiari faciant , donec aliud inde praeceptum . t. ut supra . this year i find a writ to the justices of the jews to free one from paying usury to a jew upon the ground expressed in the record , relating the jews unconscionable dealing , usual in such cases . rex justiciar . * ad custod . judaeorum assignat . salutem . monstravit nobis magister laur. travers , quod cum die pentec . an. r. n. 24 quandam summam pecuniae mutuo recipisset a benedicto judaeo oxon. quam infra mensem a quo pecuniam illam mutuo recepit per manum ipsius magistri ad judeum solvend . transmisit ; dictus judeus eo quod tempore illo pignora ipsius magistri quae signata erant in cista judeorum signo nostro restituere non valebat , pecuniam illam non admisit , et de pecunia illa de toto tempore ejusdem non soluta , usuras exigit a predicto magistro , ac si per incuriam ipsius et defectum remaneret per tantum tempus solvend . quia vero eidem magistro non est imputandum , quod pecuniam illam tempore debito non solvit , et iniquum videtur quod inde usuras solvere debet . vobis mandamus , quod si idem magister monstr . poterit per se . vel per attornatum suum quod res ita se habeat , tunc ipsum ab usurarum prestat●one quietum esse faciatis a tempore quo dictam pecuniam paratus fuit eidem judeo solvere . t. r. apud windl . 18 die octob. the same year i find this writ to the constable of the tower to send some jews of bristol imprisoned in the tower for a murder , to bristol castle , to be there tried for it before the justices itinerant . * rex constabular . turr. london , salutem . precipimus tibi quod puentam uxorem iacobi de custantes , iacobum fil . iacobi , et bestotam uxorem ejus iudeos bristol captos et detentos in prisona nostra predict . turris , pro mo●●e alic fil . eve , cariari fac . usque bristol : ad custus burgensium nostrorum bristol : ita quod 〈◊〉 ibi a die sancti ioh. bapt. in 15 dies , ad standum inde recto coram iustic . nostr . ibid. in prox . itineraturis eosdemque iudeos liberari fac . constabulario castri nostri bristol cui praecipimus quod eos cum ibidem venerint recipiat . t. &c. et mandatum est constab . bristol quod eos recipiat . in the 26 year of h. 3. these records concerning the iews are yet extant , the first shewing they were enforced to give their wives and children for hostages . mandatum est iustic . ad custod , iudaeorum assignatis , quod si samaritanus iudeus winton invenerit eis omnem eam securitatem , quae coram w. ebor. arch de consilio regis . provisa fuit et ordinata pro qua securitate merdien . dedit uxorem suam et filios suos obsides , qui tenentur in turr. regis london , tunc praedicto saaritano praedictos uxorem et filios deliberari fac , per eundem ar●a vvimmodham 25 die iun. the king this year appointed a new keeper of the iews chest at vvinchester , not being well kept by the former , by this writ . * quia rex audivit quod archa regis iudeorum winton , mi●●s bene custodiatur tam ad opus regis quam christianorum & judeorum , mandatum est vic . suthampt. quod per consilium roberti passelewe quem rex illuc mittit , alium cust . ad hoc apponi fac . t. &c. the tax not being paid the king at the times appointed , this year he commanding the iews chests to be locked up , so that their creditors could not pay their debts to them , nor they their debts to the king ; whereupon he granted his writ to * samuel fil . isaac a iew , upon his complaint , that they should pay their debts to the king at the terms formerly appointed , at the rates there expressed at large . * rex iust . suis ad custod . iudeorum assignatis , salutem . monstravit nobis oliva quae fuit uxor rob. de fraym●to , quod cum ipsa , cum nuper essemus apud colecester probasset coram venerabil . in christo patre w. ebor arch. et aliis de consilio nostro , tam per christianos quam per judaeos , praefatum virum suum reddidisse aaron et ursello judaeis colecestr . totum debitum quod eis debuit ante inceptionem itin . sui in terram sanct . et injunctum esset eisdem judaeis quod reddent prefato , ol. cartas confect . de debito memorato , licet eidem judei quasdam cartas mem . restituerunt , adhuc tamen unam ei detinent maliriose , praetendentes cartam esse londini in depos . ut sic fraud . machinentur et laboribus frangent dictam mulierem . et ideo vobis mandamus quod praedictos judeos per terras et catalla distringatis , ad restituendam prefatae mulieri sine dilatione cartam praedictam , et vos eidem pedem illius cartaerestituatis . ita vos in hac parte gerentes , quod de cetero nullam inde audiamus querelam . t. w. ebor. arch. apud moreclac 29 die iulii . this record manifests , 1 the manner of the jewes proving their debts both by jewes and christians . 2 their jewish dealing one with another , in detaining goods after debts satisfied . 3. the usual way of recovering such bonds from them when the debts were paid . this year the king removed the jews and their chests from one place to another at his pleasure , as this record besides others informs us . * rex concessit com. pict . & cornub. quod judei regis qui manent in berchamested , transferant se usque wallingford , et ibi remaneant , secundum easdem consuetudines judeorum secundum quas apud berkhamested habere consueverunt , archamque quam fuit apud berkhamsted similiter habeant apud vvallingford , et eodem modo quo ipsam habuerunt apud berkhamsted . et mandatum est justic . ad custod . jud. assignatis , quod sic fieri permittant . t.r. how the jews heirs after their decease made fines to the king for their real and personal estates , and how their wives were indowed , this record will manifest , of the same year with the former . * rex baron . suis de scac. salutem . mandamus vobis quod distringatis mayden , quae fuit uxor jacob. crespin , ad reddend . moss . fil . praedict . iacob . et isaac fratri suo terras , domos , redditus , catalla , et omnia debita quae fuerunt praedicti jacob. patris sui , pro quibus ipse moss . et isaac . finem ●ecerunt nobiscum , sicut per alias litetas nostras vobis significavimus . et cum praedicti moss . & isaac seisinam habuerint de praedict . terris , domibus , redditibus , catal . et debitis , tunc eidem mayden rationabilem dotem suam a praedict . moss . et isaac faciatis assignari . t. r. apud merewel . 2 die maii. in the 27 year of king henry , the king issued this precept to have a convert iew instructed in the christian faith and learning in any place where he might . * mandatum est ebor. archiepiscopo et vv. de cantelup . ( then commissioners or justices for the jews affairs ) quod martino converso faciant administrari in aliqua villa ubi possit , tam de fide catholica , quam literarum scientia feliciter erudiri . t. r. apud burdegal 3 die febr. the same year the king commanded the executors of the bishop of winchester by his writ , * to pay to w. de haevenshel and edward son of odo 100l . ad terras emendas ad opus conversorum london ad sustentationem eorundem , t. r. apud burd . 12 die aprilis . et mandatum est praedictis vvillo . et edwardo quod denarios illos ab illis recipiant , etterras ad opus praedictor . conversorum emant , ita quod terrae praedict . emptae fuerint citra festum nativ . sancti iohis . baptistae . such was the care and charity of those times for the converts support . this year * the king pardoned several debts of particular englishmen owing to particular jews , respited the payment of other debts for a time to others by several writs to the iustices assigned for the iews : and * likewise assigned and granted the office of aarons presbyteratus judeorum angliae in the exchequer ( * forementioned ) to elie le eveske a jew of london , or his attorney , with all the rolls of the exchequer belonging to aaron , in as ample manner as aaron formerly had them : commanding the justices assigned for the jews custody to invest him in this office of aaron : et nullam decetero summonitionem facere de aliquo debito de quo debetur responderi coram eis , nisi per visum et testimonium predicti elye , vel illius quem ad hoc loco suo attornaverit ( which clearly proves , that the presbyteratus omnium iudaeorum totius angliae , granted to aaron , and now transferred to elye , was nothing else but the custos rotulorum , or controllership of the exchequer ) et mandatum est eisdem , quod quotiens idem elyas intendere non possit ad sedendum ad scac. joceum fil : copini loco suo recipiant ad ea facienda , ad idem scac. quae ad presbyteratum iudaeorum pertinent . rotulos etiam qui fuerant jocei , predecessoris sui eidem elye , vel attornato suo habere faciatis , t. apud westm . 21 die octob : per will. de cantil . & edward fil . odonis . quia abraham iudeus berkhamsted clamat partem in debito quod continetur in cartae johannis de brabini confect . * inter ipsum johannem et praedict . abraham , et mosseum iudeum hereford : mandatum est cirographariis & custodibus archae judaeorum hereford , quod praefata carta per praefat . mosseum , vel per alium nemini liberetur donec rex aliud inde praeciperit . which shewes that one jew could not discharge the debt due joyntly to him and another jew , but by the others consent . in the 28 of h. 3. two jews being wrongfully arrested for a debt due by another , the king sent this writ to discharge them , and imprison the jewess that owed it . rex justic . ad cust . iud. assignatis , salutem . sciatis , quod probatum fuit coram nobis apud stanford , quod gentilla vidua iudea de stanford , debet r. com. cornub. fratri nostro illas 13 lib : pro quibus coc. & samuelem judeos de stanford arrestari fecistis in villa praedict : ita quod eam cap. et in prisona detineri praecipimus , donec solverit pecuniam praedict . et ideo vobis mandamus , quod praedict . coc. & samuel . ceterosque omnes iudeos de stanford , de praedict : 13 lib. quietos esse faciatis . t. rege apud not. 10 die july . this year aaron a jew of york assigned a debt of 500 l to the king , in part of a debt which he owed the king , which the king commanded hugh bygod , who owed it in right of his wife , to pay into the exchequer . and likewise commanded all the jews to be removed out of nuberry and spenbamland by this writ . mandatum est vic. berks , quod judeos qui manent in villa de nubury , et in villa de spenhamland , remittat sine dilatione usque winton , et ibi maneant sicut prius solent , nec de caetero maneant in villis prae dictis . t. r. apud readings , 27 die decemb. a jew accused for clipping and falsifying monies fled for refuge to the king , who thus remanded him . * rex w. de ebor : prepos . beverley , & hen : de bath salutem . quia intelleximus quod vos mandaveritis vic. nostro hereford , ad capiend . cok : judeum hereford , tanquam falsarium et retuntorem denar . et idem judeus venit ad curiam nostram apud reading , quaerens subterfugium captionis suae . nos ipsum judaeum fecimus arrestari , ad vos mittentes eundem ; ut vos super eo quod ei imponitur secundum quod videritis expedire faciatis t. r. apud reading , 12 die may. after which follows this record . rex w. de havershull thesaur . suo , et constab : suo london salutem , mandamus vobis quod judeos assignatos ad custodiam catallorum & debitorum quae fuerunt david judei oxon distringatis : ita quod illi judei qui manuceperunt finem 5000 marc . quem licoric quae fuit uxor praedict . david fecit nobiscum pro habendis catallis et debitis ipsius david ut eum habeamus terminis assignatis de tallagio iudeorum nobis solvend . et ipsam licoric . a prisona deliberari faciatis : ita tamen quod nullam habeat administrationem de catallis & debitis praedictis ante instans festum nativitatis beat . mariae , donec post eundem festum vobis inde mandaverimus . et sciatis quod remissimus aaron judeo ebor. custodiam praedict . catallorum , et debitorum pro fine quem propter fecit nobis , et quae solvit in garderoba nostra , et loco ejus subrogavimus bondum judeum cant. by which record it is apparent , that no jews wife or other jew could administer or meddle with her husbands or parents chattels or debts without paying a vast fine for them ( as here 500 marks ) and that at such time as the king assigned , that the custody of their goods and debts were in the mean time committed to other iews to be responsible for them ; and that their persons were imprisoned , and their administrations suspended , if they failed in paying the fine at the termes appointed . in the 29 of hen. 3. * the king sends writs to his iustices for the custody of the iews , and to sheriffs to levy the debts due to him from the heirs of hamond the iew of hereford , and that crespin a iew should pay him 28 marks , to be laid out in silk and cloth of gold for westminster church as his alms. mandatum est baron . de scacc. et iusticiariis ad custod . iudeorum assignatis , quantum poterint apponant ut 4000 marc . quae regi debent iudei ad hoc festum sancti michaelis tunc omnibus modis solvantur , thesaur . & camerar . ad faciend . inde quod rex injunxerit : et si forte in solutione earund 4000 marc . defecerint ad terminum praedict . tunc capiant aliquos de ditioribus iudeis , ut corpora eorum mittant ad r. usque gannock non omittando illud pro aliquo custo , et rex illos faciet deliberari iustic . hyberniae , ducendos in hyberniam , et ibidem in prisona detinendos . t. rege apud gannock in castris , x. die septem . by which record it seems the iews were taxed to pay 4000 marks at michaelmas to the king ; and if they failed , then some of the richest of them were to be seised on , and sent prisoners to the king into his camp , and from thence into ireland , and there imprisoned til it was all paid : such was the rigor then used in levying their heavy taxes : another 4000 marks was then likewise to be paid by them at christs nativity the same year , and commanded by this writ to be effectually levied by the justices of the jews . * mandatum est justic. ad custod judaeorum assign : quod sicut corpora et catalla sua diligunt , et ab indempnitate et periculo maximo volunt conservari , provideant quod 4000 marc . quae regi debentur de judaismo reddendas citra festum nativitatis dom : citra festum illud reddantur , quia si in eorum solutione aliquis inveniatur defectus id solummodo negligentiae suae imputaretur . t. rege apud woodstoke 4. die dec. mandatum est thesaur . et camerar . quod de illis 4000 m. deliberent magistro militis templi in anglia , 2000 marc . deponend . in domo sua ad opus comitissae provinciae sicut alias eis mandat . est , & de resid . mille marc : quantum se extendunt satisfaciant mercatoribus vinorum et aliis de debitis in quibus rex eis tenetur . t. ut supra . ibidem . dorso 2. there is a command to the justices of the jews to respit a suit there pending against one mansel by two jews , for 40 l. and an horse . in this 29 year of henry the 3. this writ was issued to the justices of the iews to proclaim in all counties , that no iewes wife or childe should fly from , nor obscure himself in the places he or they resided , for one year then next ensuing , and that they should be there readily found by the kings officers , under pain that their husbands , as also their wives and children should be outlawed , banished , and all their lands , rents , and chattels , forthwith forfeited to the king , and presently sold to his use , and they banished never to return again into england without his special license . * mandatum est justiciariis ad custodiam judaeorum assignatis , quod statim visis literis , clamari faciant per omnes comitatus angliae ubi judaei regis sunt , quod si aliqua iudaea uxor alicujus iudaei , vel pueri sui diffugiant , vel fugam capiant , vel aliquo modo lateant a villa ubi fuerint manentes ad festum sancti andreae anno regni regis 29 , u●que in unum annum proximo sequentem , ita quod ad summonitionem regis vel ballivorum suorum in quorum ballivis ipsi fuerunt manentes prompti inveniri non possint ; quod vir ipsius iudeae , et etiam ipsa iudaea , et omnes pueri sui statim utlagentur , et omnes terrae , redditus , et omnia catalla sua in manum regis capiantur , et incontinenti vendantur ad opus regis : et quod de caetero non redeant in regnum angliae , sine speciali licentia regis . the king had then a design to tax all the iewes wives and children by the poll , which occasioned this strict proclamation , that they might be alwayes ready to be polled and fleeced at his pleasure , there being an heavy tax then imposed on them . in the same year and roll this precept was directed to aaron the iew of yorke , then taxed ( as it seems ) at one hundred pounds . mandatum est aaroni iudaeo de ebor. quod sicut diligit corpus suum , statim visis literis , tradat latori illarum viginti marcas regi deferendas , de arreragiis centum librarum quas regi solvisse debuit in festo nativitatis sanctae mariae , proximo praeterito . ita quod hoc quemlibet lateat praeter ipsum aaronem et latorem supradictum . teste rege apud woodstock , quinto die decembris . in the 30 of h. 3. i find these records concerning the jews . rex concessiit iacobo fratri elie le eveske judeo london pro laudabili servicio suo quod regi et reginae impendit sedendo a scac. judeorum , domos quae fuerunt iocei de colecester iudei linc. in oxon. quae devenerunt in manum regis tanquam escaeta regis ; tenendum tota vita ipsius jacobi . reddendo inde singulis annis conversis lond. 10s . viz. 5s . ad fest . st mich. et 5s . ad pasch . in cujus &c. t. r. apud vvodestoke 10 die sept. et mandat , est . vic. oxon. quod de praedict . domibus cum pertidentiis , ei plenam seisinam habere faciat . t. ut supra . pat. 30. h. 3. m. 7. the king agreed to receive a fine of 3000 l. of masse son of hamond a jew of hereford pro habenbis catallis et bonis , of his deceased father , to be paid at certain times , part whereof is there assigned . this year many jews men and women were accused and ordered to be tried for clipping of money , as appears by claus , 30 h. 3. pars 1 , m. 9. mandat est justiciariis ad custodiam iudeorum assign . quod iudeos , et iudeas rectatos de retonsura denariorum , venire faciant coram justic . de banco . ita quod sint ibi in octabis s. johis . baptistae ad iusticiam de ipsis faciendam : quia mandat . est iustic . illis quod una cum t is ad hoc intendant . also * rex pardonavit tho. de pulton 8 lib. quas idem t. debet mosseo crespin iudeo , una cum omnibus usuris quae inde proveniant , postquam eas ab eodem iudaeo mutuaverat . et mandat . est baron . de scac. quod ipsum inde quietum esse , et cartam suam pro praedicto debito impignoratam eidem iudeo deliberari fac . et mandatum est edwardo fil . odonis quod totam pecuniam suam quam rex eidem tho. donat pro domibus suis occasione praedict . debiti arrestatam , ei deliberantur . the king this year imposed a tax of sixty thousand marks upon the jews , as appears by these seisures of their debts towards the payment thereof . * mandat , est ed. fil . odonis &c. quod solvat ad scac. regis 23 l. 5 s. 8 d. quas tho. de pulton debet moss●o crespin iudeo ; in parte solutionis debitorum quae idem iudeus reddere tenebatnr ad pasche proximo preterit : de portione tallag . 60 mil. marc . eundem jud. contingent . t. r. apud wind. 4 die iunii . it seems part of this tax or another was payable the next year , by this mandate . mandatum est iusticiar . ad custodiam judeorum assignatis quod non distringant , aut distringi permittant aaron fil abraham de tallagio 10 millium marc . de termino sancti michis . an. r. n. 31 nisi pro 53 marc . et dimid . ipsi inde de eodem termino contingent . t. r. apud winds . 23. die augusti . these tallages were usually imposed on the jews in their absence , being not privy thereto , unlesse specially admitted , as appears by this record concerning the iews of canterbury , who gave the king half a mark of gold that one of them might be present at the imposing of the next tax . quia iudei cantuarii dederunt dimid . marc . auri quam regi prae manibus reddiderunt , pro eo quod concederet eis , quod unus iudeus ejusdem villae cantuar. intersit tallagio assidendo quod assideri debet apud northamp . mandatum est iusticiaris ad custod . iudeorum assignatis , quod unam ex ipsis ad hoc eligi , et dicto tallagio assidendo interesse faciant . t. r. apud feversham 20 die april . amongst the records in the treasury of receipts in the exchequer , i find this , inter placita et assis : capt . apud northampton . in crast . nativ . sancti iohan. baptistae , anno regis henrici &c. 23. coram rogero de th●rkelby , et sociis suis rot . 38. ivo fil . abraham de stanford iudeu : rectatus de retonsura denariorum venit , et dat domino regi 20s . quod possit esse sub placito respondend . ad preceptum dom. regis pl●gii sui solomon fil . sancho fil . isaac , & benioy . fil . aaron de stanford . whether he were condemned or acquitted for this his clipping of money for which he was then bailed i find not on record . in the 32 year of henry the 3. i meet with these records concerning the jews . * rex mandavit justic . ad custodiam judaeorum assign quod non distringant , vel distringi permittant aaron fil abrahami de tallagio 60 millium marc . pro duobus milibus marc . de termino sancti michis anno 32. nisi pro quinquaginta et tribus marcis et dimid . ipsum inde de eodem termino contingentibus , sicut ipse talliatus fuit ad pasch . proximo preteritum . et si sorte ipsum ad plus talliaverint , illud relaxari , et super communitatem judeorum assidi . faciant . teste rege apud farendon 29 die augugusti . by which it appears the jews were taxed at sixty thousand marks in this one year . a vast sum in those dayes . the same year the king grants respestum de quibuslibet veteribus debitis iudei , * &c. particularly . * rex dedit respectum aaron judeo . ebor. de centum libris quas regi solvisse debuit . ad scac . pasch . anno regni regis 32. usque ad quindenam paschae sancti iohannis baptistae anno eodem , et mandatum est baronibus de scaccario , quod respectum illum ei habere faciant . t. r. apud rading 17 die maii. there is this record this year concerning the jews of canterbury . iudei cantebr . * liberaverunt in garderoba regis apud sanctum edmundum die lunae prox . post cineres quinque marc. de quibus praedicti judei promiserunt regi respiciendas in adventu regis apud cantebr . et mandat . est justic . ad custodiam judeorum assignatis , quod pro predictis quinque marc . ipsos judeos non distringant . teste rege apud windesor . primo die maii. * mandar est , &c. quod distringi faciant terras quae fuerunt mathei peverel , &c. for a debt due to a jew ; and to others to answer a debt to aaron the jew in the 33 of h. 3. i find these records concerning the jews . * an extent of robert de muntenay in littlebar of a jews land , per sacramentum proborum et legalium hominum extendi fac . &c. the king himself in that age appointed the jews bayliffs in the eschequer , as is evident by this record . † mandatum est justic . ad custodiam judeorum assign . quod non permittant quod aliquis judeus habeat aliquam ballivam ad scacc. judeorum , praeter jacobum episcopum , abrah . fil . vines , et jacob fil . flurye : et si elyas episcopus , qui prius fuit ad dictum scac. resideat ad idem scac. per preceptum regis , tunc rex vult , quod recipiant aaron fil . abraham , tanquam socium suum . t. r. apud westm . xi . die julii , anno &c. the king then likewise appointed the clerks of the jews exchequer , and the cirographers of their publick chests , as this record doth manifest . * rex vult , quod abraham fil . vines sit clericus regis in scac. suo iudeorum , et quod sit cyrograph . archae regis cyrograforum iudaeorum apud london , loco abrahamae fil . muriell . et ideo mandatum est justic. ad custodiam judeorum assignatis , quod acceptis ab eodem abrahamo fil . vines sufficientibus plegiis de fidelitate , ipsum ad praemissa officia admittant , et clavem archae cirographorum quam abraham fil . muriel habet , eidem liberari faciant . t. r. apud westm : xxix . die junii . † rex vult , quod aaron fil : abraham iudeus london resideat ad scaccarium regis iudeorum tanquam vines , &c. ut supra . t. r. apud winton , 26 die maii. the same year i find an extent of john of coniz of brewineston his land for a debt to a jew , per , sacram , proborum et legalium hominum extendi fac . &c. t. r. apud vvestm . 9 die maii. * the same year aaron of yorke agreed again with the king to pay a certain tax to him yearly , expressed in this patent . * rex omnibus &c. salutem . sciatis quod concessimus aaroni filio abrahami iudeo quod sicut talliatus fuit ad decem & octo libras coram nobis ad terminum sancti michaelis , anno &c. 33. sic tallietur ad quatuor annos sequentes ad triginta et sex libras singulis annis praedictorum quatuor annorum ; videlicet , ad festum paschae , anno &c. 34 to . ad 18 libras , et ad festum sancti michaelis proximo sequens , ad 18 libras , et sic de anno in annum , ad eosdem terminos ad 36 libras . ita quod post praefatum terminum praedictorum quatuor annorum ad majorem pecuniae summam modo talliatur . in cujus &c. teste rege apud vvindsore , 21 die sept. in the fine rolls of this year i find these passages relating to the jews , who all joyntly and severally made great fines to the king this year , particularized in the fine rolls , what sum every jew ( whose name is there entred at large ) was to pay to the king : whereof take this brief account of some few , as a pattern of all the rest . * mandatum est vic. kanc. quod si judei cantuar. invenerint securitatem sufficientem de 7 l. 8 s. 8 d. de novo tallagio super eos assesso , & de 11 l. 17 s. 5 d. de veteri tallagio super eos assesso , ad aurum regi inde emendum , unde alias recepit mandatum regis , ita quod pecuniam illam habeat in manu sua quod inde regi respondere possit ad scacc. regis in crastino sancti michaelis , tunc praefatos judeos permittat in pace ita quod eos non distringat pro aliquo alio tallagio donec aliud a rege acceperit in mandatis . t. r. apud merton 12 d●e sept. * mandat est vic. ebor. quod sicut seipsum diligit , habeat ad scac : regis in octabis sancti michaelis de aaron de ebor. judeo , de novo tallagio super eum assesso 16 l. 11 s. et de eodem de veteri tallagio super eum assesso unde vic. alias recepit mandatum regis , 26 l. 7 s. et de caeteris judeis civitatis ebor. de no●o tallagio 14 l. 11 s. et de eisdem de veteri tallagio , unde vic. alias recepit mandat . regis 23 l. 7 s. ad aurum reg. inde emendum . t. ut supra . eodem modo scribitur de iudaeis exon de tallag : vic. devon , de iudeis bedford , merlebr . bristoll , warw. glocest . cantebr . london , norwic. colecester , winton , wigorn , hereford , oxon , nottingh . northampton , lincoln , and other towns ; and to their respective sheriffs , to levy the particular sums both of the new and old tallage forementioned , there specified , in like manner as to the sheriff of yorke , which particulars fill up an whole roll well nigh . in the same roll the king respites jacobus le eveske a jew , and flora his daughter , a fine of 45 l. 6 s. 8 d. pro relevio , et aliis finibus : and sundry other jews there named paid the like fines pro relevio upon their parents deaths to injoy their estates ; to be paid at certain times there limited into the exchequer : et mandatum est baron . de scac. et justic . ad custod . judeorum assignatis , quod sic fieri et irrotulari faciant . t. r. apud guldeford , 13 die sept. the like fines for relief , pro terris & catallis patris eorum ratione relevii regi contingentibus ; paid by sundry iews , i meet with in * 34 h. 3. and many fine rolls else throughout his reign , and in edward the 1. which i pretermit : it being entred of some . dederunt regi 20 s. auri ( or some other sum of gold ) prae manibus . in 34 h. 3. there was a tax of ten thousand marks imposed on the jews , and this composition made between the king and salmon bishop , a jew concerning it , & future taxes , thus entred in the fine roll of that year . rex concessit salmoni episcopo judeo london , quod de tallagio 10 mil. marc . per annum sit ad 20 l. dum tallagium judeorum sit in tali statu ; et si crescat tallagium judeorum crescat ejus portio quae ipsum continget de tallagio praedicto , et si decrescatur simili modo . ita tamen , quod si tota communitas judeorum regi gravetur de tallagio praedicto , aut summa x. millium marc . debeat decrescere , eo quod idem salmon est ad talem summam , respondeat at idem iudeus ad liberatum librae suae de praedict . 20 l. sicut alii judei faciunt in tallagio suo . et reddat regi praedict . 20 lib. annuatim ad duos terminos , viz. 10 l. ad scac. s. michaelis , & 10 l. ad scac. paschae . et mandatum est iusticiariis ad custod . iud : assignatis , quod sic fieri et irrotulari faciant , et pro licentia concessionis dedit regi unam marcam auri , t. r. apud wyndes , 1. die octob. et habet inde literas patentes per eadem verba . the like compositions were made with the king by aaron of york , and many other jews in this and other years . in the 34 year of king h. 3. i find this recital in a writ , that the king by the long received custome of the realm ought to succeed the iews themselves in all houses and other lands which they should purchase within the realme , ( upon their deaths , outlary , or departure hence , ) and that he might grant them to whom he pleased , ( as well as tax them , and seise their goods at his pleasure . ) † rex vicecomiti norff. salutem . licet de consuetudine longeva dicatur obtentum in regno nostro , quod nos in domibus et aliis quas acquisiverint iudaei in regno nostro succedere debeamus ipsis iudaeis ; aures tamen nostras precibus edmundi kake de norwic. capellani misericorditer inclinantes , concessimus eidem edmundo , de gratia nostra , quod non obstante consuetudine praedicta , habeat messuagium illud in norwic : de quo nuper seisinam fieri fecimus magistro benedicto , et quod seigumet iudaeus utlagatus tenuit de praedicto edmundo in eadem villa de norwic. et ideo tibi praecipimus , quod eidem edmundo de praedicto messuagio , sine dilatione plenam seisinam habere facias . t. r. apud clarendon 13 die decembris . in the same roll i find a writ to attach both the body and goods of a jew , and to bring them both before the justices assigned for the iews . † mandatum est vicecomiti dorset , quod habeat coram iusticiariis regis ad custodiam iudeorum assignatis apud westm . in crastino sanctae mariae magdalenae corpus solomonis iudei de dorcestria , cum omnibus catallis ipsius iudaei sub sigillo suo . t. r. apud merleberge 21 die junii . in the patent roll , of this year , the king granted this license to the masters of the law of the commonalty of the jews in london to excommunicate such jews as refused to contribute that subsidy they had promised towards the sustaining of their common churchyard in london , whom they could not excommunicate without his leave . * rex iusticiariis suis ad custodiam iudaeorum assignatis , salutem . sciatis , quod concessimus iudaeis nostris london quod magistri legis eorundem iudaeorum in ciuitate london promulgare possint summam excommunicationem in omnes illos iudaeos , qui subsidium aliquod promiserunt ad cimiterium london sustinendum , et illud non solverint ; ita quod nos & non alii de judaeis excommunicatis sufficientes emendas recipiamus , t. r. 28 die julii . in the 35 of henry 3. there are these records touching the jews . * mandatum est philippo luvel , et sociis suis justiciariis judaeorum sicut alias , quod de tallagio x. milium marcarum assesso super communitatem iudaeorum angliae , faciant habere reginaldo de salinis 40 libras ad terras inde emendas ad opus suum , vel ad commodum suum alio modo faciendum prout sibi viderit expediri , etillas in eodem tallagio faciendo allocari communitati praedictae . et rex bene vult quod eadem 40 l. ricardo de salinis allocantur in debitis quod debet in judaismo pro eodem reginaldo , dum tamen idem reginaldus securus sit de protione sua . t. r. apud wherewell , 25 die maii. per ipsum regem . the wives and children of the jews oft times used to be distrained and imprisoned for their debts , as appears by this record to respite such proceedings against them for a time anno 35. h. 3. * mandatum est vic. devon. quod non distringat , nec distringi permittat uxorem boneufaunt , judei exon. vel pueros suos per corpora sua , ipsos imprisonando occasione alicujus debiti seu demandae tangentis ipsum boneufaunt de fine 100 marc . auri , quia rex vult ipsam iudeam cum predictis pueris suis esse in pace usque ad octabis sti. mich. prox . futuri . et si ipsos imprisonavit , eos interim deliberari faciat . t. r. apud windsore 2 die septemb. per ipsum regem . this year there was a tax of 10000 marks imposed on the iews , as is evident by pat 35. h. 3. pars 2. m. 4. de tallagio iudeorum assidendo , for assessing it , and this precept concerning it . * mandatum est baron . de scac. ad custodiam iudeorum assignatis , quod provideant et●ordment inter se qualiter illa 10 millia marc . quae regi debentur de tallagio iudeorum regi persolvi possint . and in the same membrana there is this command to buy gold with the jews money for the kings use . * mandat w. de hoverhull thes . reg . edward de westm . et phil. luvell quod de omnibus denariis de judaismo provenientibus aurum ad opus regis emi faciant , sicut rex eidem philippo dudum injunxit , et sicut t. espernon eis exponet ex parte regis t. r. what great sums of gold the king received of some iews this year to be exempted from taxes , paying set rates for 4 years space , will appear by this record . * mandatum est justiciariis ad custodiam judeorum assignatis quod illas 10 mil. marcas auri , quas elias judeus london regi dedit pro sic , quod a festo st. mich. an. 34. usque in quatuor annos prox . sequentes completos , non talliaretur nisi ad centum libr. per annum , dum tallagium regis duraret eidem inde , proximis terminis suis tallagii sui fac . allocari . ita quod de cetero respondeat in tallagio suo judeorum secundum facultates suas sicut rex alias eis mandavit ) non obstanre gratia regis quam ei concesserit pro donatione predicti auri . t. r. apud clarendon 10 die iuuii . consimiles literas habet aaron fil . abrah . judeus london de 25 marc . auri allocari , ut supra continetur eisdem justic . directas . t. ut supra , per ipsum regem . et quia aaron de ebor. affirmavit coram rege quod predict . aurum prefatis aaron et eliae alia vice , per mandatum regis de quo rex non recolit , fuit allocatum ; mandat . est prefatis justic . quod super hoc regem fine dilatione certificent . scituri quod dictus aaron regi promisit 200 marc . argenti , nisi predicta summa auri praedictis iudeis per regem fuit allocata in tallagio suo , t. r. &c. per ipsum regem . the king this year allows a jew to sue for the remainder of a debt which the king had pardoned , and the bond to be taken out of the chest by this writ . * rex justic . ad custod . iudeorum assign . cum nullus iudeus debeat plac . de cirograf . in archa iudeorum inventa et catal . abr. de berchanster quae capta fuerunt in manum nostram ex toto credebamus ad opus nostrum retinere , quorū residuū ad petitionem r. com. cornub. eidem remissimus , licet alias dederimus vobis in mandatis , quod in quiraretis per sacr . legal hominum , qualem summam pecuniae galfr. mansell de dicto abr. recepit et dict . g. de usuris forte solum quietum remaneret : volumus tamen cum dictus iudeus residuum catallorum suorum recuperaverit quod dict . g. distringi faciatis ad plenam solutionem totius residui dicto iudeo faciend . secundum formam cyrogr. sui . et ideo vobis mandamus , quod sic fieri et irro ulari fac . ita quod dictus iudeus totam summam in parte sua cyrogr. contentam cum debito integre possit recuperare . et licet cyrogr. alias per preceptu● nostrum ab archa sit extract . hoc facere non omittatis . t. apud harding 25. die august . the jews in that age could not ( without the kings special license ) remove themselves or goods from one city to another , and acquainting the justices assigned for the jews of his royal pleasure therein , and were enforced to give security for one another to pay their taxes to the king , as this record of 36 h. 3. will evidence . * rex concessit iacobo filio boneufaunt judeo , quod libere recedat a villa gloucestriae , et moram facere in civitate london ; et quia idem judeus fecit regi securitatem per iacobum le eveske iudeorum de tallagio suo ad quod tallietur , ad festum sancti martini regi reddendo . mandatum est vicecom . glouc. quod ad ipsum , aut ad familiam suam , aut catalla sua manum non apponat , sed ipsum cum omnibus praedictis a villa gloucestriae libere recedere permittat . teste rege apud woodstoke 19 die augusti per ipsum regem . et mandatum est iusticiariis ad custodiam judeorum assignatis , quod ipsum inter iudeos regis in civitate praedicta manere permittant , teste ut supra . * mandatum est eisdem , quod faciant habere iacobo le eveske iudeo residentiam in scaccario judeorum in servicio regis , et quod ad ipsum pertinet , secundum legem scaccarii regis , sicut et predecessores sui clerici regis ibidem habere consueverunt . teste , ut supra per r. waker . the iews could not then reside nor enjoy any office in the iews exchequer without the kings special grant and license , neither could they sue for any debt ( especially upon an obligation out of their common chest ) without the kings expresse license and grant . witnesse the president in the self same roll , and others forecited . king henry in the 36 of his reign granted by * patent to aaron of york , elye le eveske de london , and solomon le eveske , that for 4 years next ensuing they should not be taxed above set summes a year there mentioned , to be paid half yearly by them into the exchequer , and that their set sums should be allowed in the original taxes assessed upon the commonalty of the jews , and be abated proportionably as their tax was abated ; yea he granted this exemption to aaron , his wife & children , not to be distrained and imprisoned for their debts or taxes , so long as he had goods to satisfie them , and to sue for goods and debts , though out of the chest . * rex omnibus salutem . sciatis quod concessimus aaron de ebor. iudeo nostro , quod nec ipse , nec uxor ejus , nec eorum pueri distingantur per corpora sua nec imprisonentur , quamdiu catalia sua sufficiant ad districtionem faciend . pro debitis nostris . in cujus &c. duratur : per biennium . t. r. apud vvestm . 15 die marcii : et mandat . est iustic . ad custodiam iudaeorum assign . quod sic fieri et irrotulari faciant . t. ut supra per regem . rex omnibus , &c. sciatis quod concessimus aaron de ebor. iudeo nostro , quod possit placitare coram iustic . nostris ad cust . iud. assign : pro catallis et debitis suis recuperandis , et ea petere sine occasione , usque ad summam 400 lib. sine receptione usurae , licet catalla illa , et debita fuerunt extra archam cyrogr. in cujus , &c. t. ut supra . * the like license to sue for debts and chattels out of the chest to such a summe sine receptione usurae , i finde granted this year to copin a london jew , & to other jews the same year ; with a writ to deliver a jew out of prison committed upon a false complaint : and this pardon of two jews wives for flying to avoid imprisonment for their husbands taxes . † rex pardonavit floriae uxori elye blundi , et pigonae uxori aaron blundi , wayneriam quam meis justiciariis promulgarunt pro fuga quam fecerunt pro tallio super praedict . elye et aaron assesso : et mandat . est praedict . justic . quod praedict . floria et pygona propter hoc non occasionentur . t. r. apud windsore 12 die feb. per ipsum regem . there was likewise this year a precept to the iustices to give a jews wife her full and reasonable dower of her husbands chattels . * mandatum est iusticiariis ad custod : &c. quod si rosa quae fuit uxor leonis epi : iudei ebor. nondum plenè habuit dotem suam de catallis quae fuerunt ejusdem leonis , tunc eidem iudeae plenam et rationabilem dotem suam habere faciant , secundum legem et consuetudinem judaismi regis . t. r. per ipsum regem . this year the king assigned certain jews of london to tax the rest of the jews upon a common tax then imposed on them ; in this manner . † rex assignavit eliam epis : et aaron fil . abrah . iudeos london , ad assidend . tallagium super communitate iudeorum nostrorum london ; it a videlicet quod communitas illa eligat ipsis tercium idoneum ad tallagium illud una cum dictis eli & aaron assidend . et mandat . est constabul : turris london ; quod ipsum tercium sic electum eis faciat associari ; firmiter injungendo eis quod taliter ipsi provideant de tallagio illo assidendo , quod rex illud terminis statutis habeat , et quod pro defectu eorum non oporteat regi graviter se capere ad talliatores praedictos . teste per philip luvel . it seems this tax then assessed amounted to 3500 marks by this ensuing record that year . * rex iustic . ad custod . jud : &c. sciatis , quod manuel blund judeus obtulit nobis dimid . marc . auri ut de tallagio 3 mill . marc . et 500 marc . talliaretur secundum catalla sua , sicut ceteri iudei de communitate london talliantur . et ideo vobis mandamus quod si judicetis hoc esse ad commodum nostrum sic fieri faciatis . t. r. how strictly this tax was levied , appears by this writ to destrain the lands , revenues , wives , children and chattels of all the jews in york , and for the arrears of aaron too , notwithstanding his former exemption . † mandat . est vic. ebor : quod distringat aaron de ebor : iudeum , et omnes alios judeos ebor. per terras , et tenementa , catalla , uxores et filios , et omnibus aliis modis quibus melius poterit , ad reddend . regi tallagium suum de terminis sancti martini et st. hillarii , prox . preteritis , et id sicut seipsum diligit non omittat . t. r. apud notingh . 14 die ian. i find a precept of the king this year to detein a convert jew in prison , accused of a rape and other trespasses , such converts were they then . * mandatum est vic. linc. quod m. conversum commorantem apud tornie capiat , et in prisona regis salvo custodiat , donec &c. per orfanna de geterleg . apellat : de raptu , et pace regis fracta . t. r. and this year * edw. de westm . will. de bretun , & tho : espernun , assignati sunt ad inquisuionem fac . de concelamentis iudaismi , tam in london , quam alibi . anno 37 h. 3. the jews advancing 5000 marks to the king beforehand for his passage into gascoigne , he thereupon made this grant to them , to be exempted from taxes till easter , and granted them writs in form of appeal , if over-taxed ; witness this record . rex concessit omnibus iudeis angliae , * quod pro 4000 marc . quas regi praemanibus ad passagium suum in vascon : pacaverint , et pro 1000 marc . quas regi ric. com. cornub. ad dictum passagium pro eis solvit , quod sint quieti de tallagio facto ad passagium regis in vascon : pro pred . 5000 marc . et quod non tallientur citra pasche , et omnes iudei qui utlagati sunt pro dicto tall. si placare voluerint quod debeant de dicto tall. rex concedit eis quod ad pacē regis veniant . rex tamen vult quod nullū breve allocationis valeat alicui iudeo in isto tallagio , quia r. com. cornubiae 1000 marc . de dicto tallagio habere debet . rex etiam vult , quod si aliquis iudeus aggravetur de dicto tallagio , quod gravamen suum alteri imponatur qui melius ferre possit . et super hoc scribitur thes . et baron . de scac : et iustic : ad custod . iud : assign : t. r. apud portsm . 7. die july , per hen. de wengham . hereupon some iews complaining they were over-taxed in their tallages procured this writ for their ease herein . * monstravit regi manuel blundus judeus london , quod ipse superoneratus est in uitimo tallvgio suo , et solvit plus ad demidium , quam solvisse debuit , et quam alii solverint , secundum facultates suas . et mandatum est , philippo luvel , et justiciariis ad custod . jud. assign . quod si ita est , tunc super onerationem illam in praesentia ipsius judei assidi faciant , super alleviatos judeos regni nostri in tallagio predicto , et pro eadem superoneratione reddenda districtonem fieri , et praedict . man : returnari fac . sine dilatione . ita quod inde querelam rex non audiat pro defectu justiciae . consimiles literae habet solomon epis . judeus london . the same year , * rex concessit hake , fil . ioscey iudeo , quod habeat pacem regis , et salvum ire & redire , licet se substraxerit pro quibusdam plateis argenteis ei impignoratis , ut dicitur . ita quod plegios regi inveniat quod stabit recto secundum legem judaismi . et super hoc scribitur iustic . ad custod . jud. assignatis . t. r. apud harwic . 2 die iuly . also . * rex per finem quem mossi de hereford judaeus fecit cum rege , pardonavit ei transgressionem quam fecit , pro eo quod illicentiatus a rege recessit in fine scac. regis sanct. hillarii , pro qua transgressione ipsum capi jusserint justic . ad custod . judeorum assignati . et mandatum est eisdem iustic . quod ipsum propter hoc non occasionari nec capi faciant . t. r. apud harling , 7 die april . febr. 15. the * king writes to the iustices of the iews to allow a debt to two several christians and iews , ( which he had pardoned the debtors to these iews ) in their taxes they were to pay . this year a iews wife proving a convert christian , her husband was attached for her goods , by the king , as belonging to him upon her conversion ; who thereupon paid a fine to have this new case judicially determined in the jews eschequer , as this record attests . * cum abraham batekot iudeus attachiatus esset ad respondend . regi de catallis amiciae judeae , quae fuit uxor sua , quae quidem catalla post conversionem suam ad regem pertinebant , ut dicitur . idem iudeus finem fecit cum rege pro dimid . marc . auri quam regi solvit , ut secundum legem et consuetudinem iudaismi ad scaccarium iudaeorum super hoc deducatur . et mandatum est iustic . ad custod . iud. assignatis , quod citra festum s. and : ad scaccarium iudeorum , quod justum fuerit ●e catallis praedictis fieri ●aciant , sicut praedict . est t. per r. de essington . king henry in this 37 year of his reign provided and ordained these memorable laws and ordinances for the better regulation of the jews in england , restraining their jewish rites , erection of new synagogues , or schools , defection from , or disputing against the christian faith , entertaining any christians as nurses , servants , and communion with christians , to prevent their leavening of christians with their iudaisme , distinguishing them from them by wearing a white table on their breasts , in joyning paying of tithes to the christian minister where they lived , &c. * rex providit et statuit , &c. quod nullus judeus maneat in anglia , nisi servicium regis faciat . et quam cito aliquis iudeus natus fuerit sive sit masculus sive faemina serviat nobis in aliquo . et quod nullae scholae iudaeorum sint in anglia , nisi in locis illis in quibus hujusmodi * scholae fuerunt tempore domini iohannis regis patris regis . et quod universi judei in synagogis suis celebrent submissa voce , secundum ritum eorum , ita quod christiani hoc non audiant . et quod quilibet judeus respondeat rectori ecclesiae , in cujus parochia maneat , de omnibus parochialibus ad domum ipsius iudei spectantibus . et quod nulla nutrix christiana de cetero lactet aur nutriat puerum alicujus iudei , nec aliquis christianus , vel christiana serviat alicui iudeo vel iudeae , nec cum ipsis comedat , vel in domo sua commoretur . et quod nullus iudeus vel iudea comedat aut emat carnes in quadragessima . et quod nullus judeus detrahat fidei christianae , vel publice disputet de eadem . et quod nullus iudeus habeat secretam familiaritatem cum aliqua christiana , nec aliquis christianus cum iudea . et quod quiliber iudeus ferat manifestam tabulam . et quod nullus judeus ingrediatur aliquam ecclesiam vel aliquam capellam nisi transeundo , nec in eis moretur in vituperium christi . et quod nullus judeus impediat aliquo modo alium judeum volentem ad fidem christi convertere . et quod nullus judeus receptetur in aliqua villa sine speciali licentia regis , nisi in villis illis in quibus judei manere consueverunt . et mandatum est justiciariis ad custodiam judeorum assignatis , quod sic fieri , et sub incursione bonorum praedictorum iudeorum firmiter teneri faciant . teste rege apud westm . 31 die ianuarii . per regem et consilium . these are the most memorable constitutions of all others i have met with , made by the king and his counsel for restraining the insolencies , rites , and preventing the leprosie and leaven of the iews , except those of 7 e. 1. ( which i shall recite in due place ) derived from these , which none of our historians mention . in the 39 year of h. 3. i find this large record touching the assessing of a tallage upon the commonalty of the jews in london and other places , assessed , levyed , with all diligence and all sorts of new devises . * rex constab . turris suae london , salutem . precipimus tibi quod statim visis literis istis , starim in presentia tua eligi fac . tres de legalioribus et discretioribus iudeis de communitate iudeorum london , de assensu iudeorum eorundem , ad assidend . super eandem communitatem 472 marc . quae ipsam commun . contingunt de tallio mille libr. super iudeos nostros angliae assesso de termino sancti martini prox . futuri , et assidend . super eandem communitatem 50 marc quae ipsam contingunt de portione tallag . aaron de ebor. iudeo de tall. predict . cui concessimus ad instantiam dilecti fratris et fidelis nostri rici . com. cornub. quod hac vice propter * nimiam suam paupertatem de praedicto tallagio sit quietus . et distringas omnes iudeos et iudeas de com. praedicto , omnibus modis quibus modis sciveris et poteris per corpora et catalla sua infra archas cyrograph . london et extra inventa , ad reddendum regi ad opus dicti fratris nostri portionem quae eis continget de praedict . 522 marc . et si contigerit quod aliquis iudeus vel iudea defecerit in solutione porcionis quae ipsum judeum vel iudeam contingit de tall . et portione predictis , tunc accedas ad arch. praedict . et extrahi facias de melioribus et clarioribus debitis suis in atchis illis inventis , usque ad portionem quae ipsum iudeum vel iudeam continget de tallio et portione predict . ad distringendum omnes debitores eorundem debitotum , ita quod habeas omnes denarios illos albos et integros per manum tuam propriam apud wallingford in vigilia st. andr. apostoli an . r. n. 40. liberand . praedicto com. vel ipsis qui per ipsum com. ad haec fuerint deputati , et habeas ad eosdem diem et locum de arreragiis tallagii 100 l. de termino sancti trinit , praeter : de coc. fil . aaron ( and 20 other iews there named ordered to pay special sums there specified as due from each of them ) liberandos per manum tuam praedicto com. vel ipsis qui ad hoc fuerint deputati , unde alias recepisti mandatum nos●rum , quod non es exercutus habeas . etiam ad eosdem diem et locum , corpora eliae epi. aaron fil . abraham , solomon epi. et iacob epi iudeorum , plegios de tallio praedicto , una cum corporibus illorum iudeorum & iudearum quae aliqua arreragia debuerunt de tallagio praedict . et ita te habeas in hoc mandato exequendo , quod pro defectu tui ad te graviter capere non debeamus nec de terris et catallis tuis praedicta debita levari faciemus . t. me ipso apud westm . 24 die octob. an . r. n. 39. eodem modo mandatum est vic. linc. vvigorn . oxon. suthampt. linc. ebor. devon. wilteshire . gloucest . cantebr . norff. bedeford , essex , hereford , & constab . bristol . to levy other particular summes upon particular jewes there mentioned , too tedious to transcribe , conteining an whole roll , where all who please may view them at their leasure , and the jews too names being many . then follows quia com. cornub. supplicavit , regi quod mittat aliquem de suis usque wallingford in vigil . st. andr. prox futur . qui inter sit solutioni tunc faciendae ibid. de tallagio et debitis judeorum ( formerly particularized at large . ) quae ei concessit in parte solutionis debitorum in quibus ei tenetur . mandatum est tho. espernon , quod omnibus negotiis pretermissis eidem solutioni dictis die & loco inreter sit ad eam videndam et irrotula●d . & hoc non omittat . t. ut supra . eodem modo mandat . est cyrogr. arch. iudeorum winton , quod adjuvantes sint , et consulentes vic. suth . ad levand . ad opus dic . com. cornub. de 160l . 12 marc . quae communitatem judeor . winton contingunt de tallagio nulle libr. super iudeos angliae assess . de termino st. martini prox . preter : et quod permittant predict . vic. visis literis ipsis habere liberam administrationem debitorum in archis illis inventorum ad levand praedict . 160l . 12 marc . & hoc sicut se et sua diligunt non omittant . t. ut supra , eodem modo mandat . est cyrograph . archae iudaeorum colecester , wigorn , london , to levy other particular summs there specified in like manner . and dors . 4. there are the same writs in all things pro assidendo & levando upon the commonalty of the jews of london 247 mar . and of other sumsu●on all jews of england in form aforesaid . in claus . 39. h , 3. m. 7 : there is order for vines a jew to recover his debts owed by creditors , by reason of his poverty , also commands to sheriffs to seal up the iewes chests , and to others to open and view their writings . * mandat . est cyrogr. christianis & judeis hereford , quod petmittant vic. hereford . & hug. de pylardington habere accessum ad arch. cyrogr. er illam sigillis suis signare , et quod permittant will. mansell . vic. war. & praedict . hug. predict . sigilla frangere , & cyro . in praedict . archa invent . videre et irrotulare prout injunxit , t. per philip luvel . eodem modo mandat . &c. cyrogr. christ . & jud. et vic. wigorn. statim visis literis accedat ad arch. cyr. wigorn. & illum sigillo suo signet , & quod capiat corpota hake de vvigorn . iud. et aar . et samps , fil suor . et eos duci fac . lond. & ibi custod . turr. r. lond. t. ut supra , the like command is to the sheriff of hereford , to seal up the jews chest there , and for hugh p. to search it . in * claus . 39 h. 3. pa●s . 2. dors . 16 , 17. there is a large catalogue of the lands , houses , rents , morgages , real and personal estate and debts of abraham a jew in several counties , amounting to a vast sum , taking up near two membranes , which were all imbreviated and confiscated to the kings use . and a proclamation by the king , that no iew should be suffered to depart out of the realm of england . in 40 h. 3. the king by his letters patents authorized commissioners to sell the houses , and enquire after the goods and chattels of the jews , condemned for * crucifying a child at lincoln . † rex omnibus , &c. sciatis quod constituimus dilect : et fidel . nostros simon passeleiw , et will : de leighton , vic. nostri london , ad vendend : per visum et testimonium legalium hominum , domos quae fuerunt judaeo●um linc. suspensorum pro parvo crucifixo ibidem , prout commodo nostro magis viderint expedire , et ad inquirend . quo devenerunt catalla eorundem iudaeorum , et qui ea habeant , et quantum valeant . et ideo vobis mandamus , quod eidem simoni et vis. ad hoc sitis intenden●es et auxiliantes cum ab eis requisiti fueritis . in cujus , &c. t. r. apud woodest . 20 die aug. it seems some of these jews that crucified this child turned christians to save their lives for which i find this kind of pardon grated to one of them at the suit of a † frier . * rex omnibus , &c. salutem . sciatis quod ad instantiam dilecti nobis in christo fratris iohannis de dorbuton , pardonavi iohanni converso sectam pacis nostrae quae ad nos pertinet , pro morte pueri nuper crucifixi apud lincoln , dum predictus iohannis fuit iudeus ●jusdem civitatis , unde rectatus est , et firmam pacem nostram ei inde concedimus . ita tamen quod stet recto in curia nostra , si quis versus eum inde loqui voluerit . in cujus &c. t. r. apud westm . 10 die jan. the same year there issued a precept to the sheriff of lincoln , to send the chest of the iews of lincoln to london , belike for the same crucifying of this child . * mandat . est vic. linc. quod statim visis literis istis mittat usque london archam cirogr . lincoln , sub salva custodia liberand . ph. luvel thesaur . regis et justic . ad custodiam iud : assignatis , et quod venire fac . ibidem , cum eadem archa omnes cyrographarios ejusdem villae , tam christianos quam iudaeos , et hoc non omittat . this year the king ordained a new justice for the iews , who took an oath of fealty to the king , due to his office , and was formally invested in the place , as this record relates . * rex constituit adam de greenvile , iusticiarium suum iudaeorum , et ab eo recipit sacramentum fidelitatis regi debitum pretextu officii sui . et mandat . est phil. luvel thesaurar : regis , &c. quod ipsum in locum suum , tanquam iustic . regis in scac : iudaeorum sine dilatione ponant . t. r. per r. walis . * cok. fil . aaron iudeus london , cum instantia supplicavit regi , quod super fine quem nuper fecit coram philip. luvel thes . et henrico de bathon , ad opus regis pro 20 marc . auri , eidem iudeo literae patentes fieri fac . et mandatum est eisdem philip●o , et ric : quod formam literarum patent . quas pred . judeus inde habere debet ad terminos solucionis ejusdem auri sub sigillis suis significent , ut rex literas illas eidem jud●o fieri et consignari faciat . t. r. apud clarend . 3 die iulii . it seems these justices directed all the iews patents of this nature . in the 41 year of king henry the 3d. elyas bishop , the high priest of the iews , as † mat. paris stiles him , for a certain transgression against the king , and his brother king of almaine , was judicially deprived of his high-priesthood and priestly office , by the judgement of the kings justices assigned for the custody of the jews in the exchequer , and of all his other offices formerly granted him by the king ; and that he should never be capable to receive or execute these offices again : whereupon the king for a fine of 3 marks of gold paid by the commonalty of the jews , granted unto them by his charter , that from thenceforth none should be their priest , but by the common election of the said commonalty of the jews ; and that upon the death of every priest , they should have free liberty to chuse another priest , and of presenting him to the king , that he might obtain his assent and favour therein ; as this memorable record informs us , wherein the names of the justices assigned to the iews are specified . * rex omnibus , &c. cum elyas * episcopus iudaeus noster london , pro transgressione quam fecit , 〈◊〉 nobis , quam dilecto fratri nostro regi almannorum a sacerdotio communitatis ●udaeorum augliae coram dilectis & fidelibus nostris philippo ballet , philippo luvel , henrico de bathonia , simon passelew , & caeteris iusticiariis ad custodiam iudeorum assignatis , quos ad transgressionem uam convincendam iusticiarios nostros assignavimus , per iudicium eorundem ad scaccarium nostrum fuerit abjudicatus , et de ejusdem sacerdotii officio , et e●iam de omni 〈…〉 officiis et ballivis quas a nobis prius ob●inuit sit depositus ; nos de consilio erundem iusticiariorum concessimus praedictae communitati iudeorum nostrorum angliae , per finem trium marcarum auri quem cresse et haginus fratres ejusdem iudaei , nobis pro eadem communicate fecerunt , quod praedictus elyas sacerdotium illud nunquam in posterum habeat et recuperet : et quod nullus de communitate illa de caetero sit sacerdos nisi per communem electionem communitatis ejusdem . quod illa communitas post decessum cujuslibet sacerdotis sic electi , alium eligendi quemcunque voluerint sacerdotem liberam habeat facultatem , ac ipsum nobis praesentandi , ut nostrum super hoc assensum optineat et favorem . in cujus , &c. teste rege apud wodstoke , 20 die iulii . i observe in this record , that elyas , is stiled , only , sacerdos , not presbyter judeorum his only priestly office ; called , sacerdotium communitatis angliae . & sacerdotii officium ; not presbyteratus omnium judeorum totius angliae , as * jacobs and aarons forementiontioned offices are . and he that should succeed him by common election , is still here stiled sacerdos , sacerdotis , sacerdotem , thrice together , not presbyter at all : therefore certainly these offices were distinct , the one ecclesiastical , the other temporal in the exchequer only as i formerly manifested . what elias his offence was , for which he was thus deprived of his priesthood , is not expressed in the record , but most probably it was his stout & bold speech to the king , earl richard and the lords , in behalf of the jews ●he year before , when they exacted an intollerable tax from them under pain of a most loathsom prison , hangiug , and an ignominious death , recorded at large by * matthew paris and in the first part of my * demurrer , which i shall not repeat , what power the king and his justices then had over their iewish bishop , & priests themselves is sufficiently evident by this record . in the rolls of 41 h. 3. i find the king * at the intercession of his brother king of romans , acquitting cresse , and two other iews of london for 5 compleat years then next ensuing , ab omnibus tallagiis & auxiliis ad nos pertinentibus , pro una marca auri et dimid ▪ to be paid by each of them yearly into the wardrobe , and at the instance of the queen he granted this exemption iacobo le eveske judeo , and to his son benedict after his death . quod toto tempore vitae suae quietus esset de omnibus tallagiis , auxiliis , et aliis demandis ad nos pertinentibus , pro 5 marc . argenti nobis annuatim reddend . ad scac. nostrum , salvo tamen nobis & haeredibus nostris misericordias in quas inciderit pro forisfacto aliquo personam suam tangente . likewise he granted by patent to cok. a jew licence to sue for his fathers debts , for which he paid a fine to the king , and to extend his debtors lands for the debts , sine aliqua usura . yea i find this pardon of an outlawry to a jewesse the same year . † rex omnibus , &c. sciatis quod per finem quem roesia crespin iudea london fecit nobiscum , remissimus ei vtlagariam in ipsam promuigatam , et malas occasiones pro eo quod ipsa non venit ad mandatum nostrum . et ideo vobis mandamus quod ipsam contra hanc concessionem nostram non vexatis . in cujus , &c. teste r. apud winton 4 die novembris . this strange precept was sent the constable of the tower , not to bail the jews upon any justices precept . * m●ndat est constab . turris london , quod nec vic. nec judeum , vel judeam arrest . pro debitis ri. rom. r. deliberet admandatum justiciariorum , vel alterius cujuscunque , sine assensu et voluntate cresse & abrah . judeorum attornat . praedict . r. alemanniae . t. r. apud . winds . 17 die jan. in cl. 41. h. 3. m. 7. there is respite of a debt granted to kok a jew , and writs to the justices of the jewes , for some jews * quod non ponantur in tallagio , quamdiu terminos suos tenuerint of their annual compositions to be exempted from taxes : with this prohibition to the kings justices itinerant , not to hold psea of any matter belonging to the jews . quia rex non vult quod judei sui placitent vel implacitentur alibi quam coram justic . regis ad custod . jud. assignatis . mandatum est rogero de thurks et sociis suis justiciariis itiner . in com. linc. quod omnia placita tangentia hagium jud. linc. coram eis , ponant coram justic . praedict . ut ipsi eidem judeo et aliis de eo contingentibus justiciam exhibeant , secundum legem & consuetudinem judaismi . t. r. apud westm . 7 die ian. per phil. lovel , & simonem passelewe iustic . iudeorum , who had power to grant prohibitions to the iustices in such cases . if the iewes were sued before their iustices ▪ and made default , and could not be found to be distreined , the iustices thereupon used to seise their charters and debts in the chests , yea houses into the kings hands , as till they appeared , as this record of 42 h. 3. attests . * quia rex accepit per inquisitionem quam per rog. de marcio , simon passelewe , & will. de haslebech fieri fecit , quod duae cartae quae fuerunt manuel fil . elie iudei linc. inventae in archa cyrograph . regis ebor. captae fuerunt in manum regis pro defalt is quas fecit vers . will. de kined al. personam ecclesiae de martin lingeslet in curia regis coram iusticiariis nostr . ad custod . iudeorum assign . apud westm . eo quod non potuit alio modo distringi & attachiari , & quod idem iudeus propter timorem defaltarum illarum , & pro paupertate sua substraxit se a villa linc. & non ob aliam causam . rex ad instantiam alfonsi reg. castile & legionum illust . remisit quantum ad regem pertinet , eidem iudeo substractionem praedict . & ei praedict . cartas reddidit , ita quod in dicta villa linc. vel alibi inter iudeos regis libere & in bona pace morari possit , & stare juri quando et ubi debuerit , secundum legem & consuetudinem iudaismi regis . et mandat . est thesaur . & baron . scac. et iustic . quod sic fieri & teneri , & dicto iudeo praedict . cartas suas restitui fac . & de domibus ad ipsum iudeum spectantibus in praedict . villa linc. plaenam et celer●m iusticiam exbibeant eidem , secundum legem & consuetud . judaismi praedict . t. r. apud merton 10 die junii . per instic . mansell , & alios de concilio , it appears by this and former records , that the jews gold could procure kings , queens , and other grandees to be their intercessors upon all occasions . it is plain by this record , that the jews claimed an exemption from suits for their tallages before the barons of the exchequer . * rex de consilio suo provide concessit , quod de 500 marc . assesso super communitatem judeorum regi de tallagio suo arentata de termino st. michis de an . 44. de quibus barones de scac. summonitionem fieri ●ecerunt vic. r. per angliam ad responde● . ●nde coram praedict . baron . ad praedict . scac. eidem vic. respondeant ad scac. r. judeorum coram hugone le bygod . justic . angl. & justic . r. ad custod . judeorum assignat . et mandat . est praedict . baron . quod sic fieri et teneri faciant . t. r. apud woodst . 15 die august . per ipsum regem et consilium . this year divers jews being imprisoned , the king and his council gave order for their release till further provision made concerning them . * quia rex intendit ordinare de judaismo suo per consilium suum die dom. prox . post fest . s. mar. magdal . provisum est per consilium regis , et mandatum est ballivo de wallingford , constab . castri winton , & turris lond. quod omnes prisones judeos in custodia sua detentos deliberent quousque provisiopraedicta facta fuerit . et mandat est hugoni de cresse jude is lincoln , quod nullam interim districtionem faciant super praedict . judeos sed deliberationem illam ipsam ipsi permittant . ( anno 43. h. 3. a jews wife being banished out of england , the husband paid a fine in gold to have licence for her to return and dwell there . * ex parte judeae uxor abrahae russel quondam judeus de wilton , factus est finis cum rege pro 20 ralent . auri pro habenda licentia regis revertendi in angliam , & ibidem vivendi in pace , in rot . claus . t. rege . after this the iews giving the king 500 marks towards his passage into france , there issued this patent for the speedy and violent assessing and levying of it . * rex constab . turris london . salutem . cum iudei nostri angliae dederunt nobis 500 marc . sterling . ad passagium nostrum in franc. quod erit , deo voleute 1 die sept. instantis , tibi precipimus , & in fide qua nobis tener . firmiter injungimus , quatenus sicut honorem nostrum diligis , et indignationem et grave dampnum tuum volueris evitare ; statim visis literis absque omni dilatione facias assidi per coc : fil . aaron , man : blundum , et leon. preciosae 100l . super commun : judaeorum london , quae eis contingunt de praed . 500 mar . quibus festinanter assessis statim distringas tres praedictos assessores , quam omnes alios judaeos praed . villae per terras , catalla , et corpora eorum , uxorum & puerorum suorum , et omnibus modis aliis quibus melius scieris et poteris , ad reddendum hoc ad opus nostrum , portionem quemlibet ●orum contingentem de praed . 100 lib. ita quod eas habeas plenarie penes te per praedict . assessores judeos apud turrim london , die decol , sancti iohannis baptist . prox . instanti : et ita quod praedict . passag : nostrum ad praedict . diem pro defectu praedict . denariorium nullatenus impediatur . sciturus certissime , quod nos in omnibus mandatum nostrum adimplendis tam graviter ad te capiemus quod plus ex hoc senties te gravatum , quam si de tuo proprio solveres pecuniam memoratam . quia tuum gravamen dabit aliis timorem delinquendi . et habeas ibi tunc hoc breve . t. r. archidiac bed. thes . nostro apud westm . 6 die augusti . * mandat . est constabul . turris london , ( and three more there named ) quod omnes archas iudaeorum in pred . turri existentes aperiri , et omnia catalla et debita in eisdem inventa distrahi et aperte irrotulari faciant ; et ea quae ibid. invenient regi constare faciant . in cujus , &c. t. r. apud westm : 5. die nov. anno 44 h. 3. cok and his brother , two jews , having four years before made a fine of 2000 marks in silver , for the goods of their father , except the chattels the queen would take for her gold , &c. the king granted them for a fine to pay the arears of the 2000 mark at certain times , and in the mean time to be freed from all taxes , unless only for their own proper goods , as appears by a special patent ; part of which monyes they were to pay , and paid in gold into the wardrobe . this year there issued a precept to seize and levy all the jews debts . † mandatum est justic . ad custod . iud. assignatis , quod omnia debita , tam ea quae sunt in thesaur . judaismi regis , quā ea quae manent in summonitione contenta , in rotulis scacc. iudeorum quae scil . debita excedunt 20 mar . liberent sine dilatione the saurario et baronibus de scac. ponend . in summonitionem ibidem , retentis tamen penes ipsis iustic . transcriptis eorundem . t. r. apud s. paulum london 9. die maii per h. le bygod . anno 45 h. 3. * the king at the queens petition granted solomon eveske of london to be free from all taxes for two years ; he also issued forth these letters patents to search , inroll and inqui●e after all jews debts , pawns , estates , &c. † rex vic. constabular . castrorum , majoribus , ballivis , cirographr . et omnibus ministris suis de wilton , merleberge , glouc. bristol , & exon , et omnibus aliis presentes literas inspecturis , salutem . sciatis , quod assignavimus magist . robert : de meleel , et radul : de hocest . ad archas citogr . judaeorum aperiendas et scrutandas , et ad omnia debita in eisdem inventa irrotulanda ; et ad inquirend omnibus modis quibus melius viderint expedire , de bonis et catallis praed . judeorum , mobilibus et immobilibus extra archas : viz. quantum singuli habeant in auro et argento , vadiis , jocalibus , terris , redditibus , et omnibus rebus aliis , & in quorum manibus vel custodiis fuerint et devenerint , tam in civitatibus , villis , domibus religiosis , quam ab omnibus locis aliis ; ut de predict . debitis et catallis , et eorum quantitate certificari possumus . et ideo vobis mandamus , quod ad omnia praedicta exequenda et expedienda predicto roberto , et radul . sit is intendentes , consulentes et auxiliantes in omni forma quam vobis dicent et injungent ex parte nostra . in cujus &c. t. r. apud turr. london , 16 die iulii . consimiles literas pat. habet simon passelewe archis winton , oxon. bed. & northam . georgius de dover , willielmus hamselbech apud cant. essex , norff : suff. et canteb . roger de la lye , apud stanford , lincoln , not : et ebor. de hereford , warwicke , wigorn. this year the king granted this patent of safe conduct for a time to solomon a jew , who had abjured the realm , to return for a season for his special service . † rex omnibus &c. salutem . licet solomon le eveske judeus abj●ravit regnum nostrum , tamen quia inter homines terrae pro quibusdam negotiis nos specialiter tangentibus in angl : revertat , concessimus ei quod salvo et secure venire possit in regnum nostrum . et ideo vobis mandamus , quod eidem judeo in veniendo , morando , ceu recedendo malum non inferatis , vel inferri permittatis , impedimentum , dampnum vel gravamen . et si quid , &c. in cujus , &c. duratatur : usque ad festum sancti trin. prox : futur . t. r. apud turrim london 16 die april . this year the wardens and constable of the tower of london claimed this priviledge by prescription , that they ought to have the atachment & imprisonment of all jews , jewesses of london , and other places , and of all christians and jews that were to be attached or imprisoned by the judgement of the justices and exchequer of the iews , for any matters concerning judaisme ; and likewise to hold plea in the tower of all debts of iews under 40 s. which priviledge the king allowed , and commanded to be observed by this writ . * rex justic . suis ad custod iud. assign . salutem . quia custodes et constab . turris nostrae london semper habere consueverunt omnia attachiamenta tam iudeorum quam iudearum l●ndon ; quam aliorum iud : nostrorum forinsecorum ; et etiam imprisonamentum tam christianorum quam iudeorum , quos occasione iudaismi prisonae nostrae contigerit adjudicari , vel per preceptum nostrum , vel per considerationem scac. nostri judeorum . quia etiam predicti custodes et constab . tenere consueverunt placita inter christianos et iudeos , de vadiis usque ad summam 40 s. providimus & volumus , quod de cetero sic fiet in omnibus . et ideo vobis mandamus , quod omnes tam christianos , quam judeos ; quos contigerit per preceptum nostrum , vel considerationem praedicti scac. nostri iudeorum ca●cerali custodia ratione judaismi quoquo modo committi , eos liberari faciatis constab . turris nostrae , et per ipsos et ministros suos praedict . faciatis attachiamenta de judeis , et placita vadiorum teneri sicut praedict . est . ita quod nullus , nisi constabularius predict . turris nostrae de caetero se intromittat de hujusmodi attachiamentis vel imprisonamentis , vel placitis vadiorum praedict . et hoc faciatis firmiter teneri et observari . t. r. apud sanctum paulum london , 26 die maii. which record fully sets forth the iurisdiction of the keepers and constable of the tower of london , over the jews persons and affairs in that age . * rex iustic . ad custod : &c. monstravit nobis cresse iudeus de wilton , qui decimo anno preterito finem vobiscum fecisset per aurum ad opus nostrum , ut sine occasione implacitare posset coram vobis galf. de winelesford de debitis quae ei debet extra archam judaeorū ; quod idem galf. recognovisset coram vobis se debere praefato iudeo x. libr : attamen quidam prefat . iudeo invidentes ipsum super dicto debito fraudulenter et maliciose inquietare et molestare nituntur . et ideo vobis mandamus , quod si scrutatis rotulis scac. nostri judeorum inveneritis ipsum judeum finem predict . fecisse , tunc finem illum secundum irrotulat . praedict , et consuetudinem judaismi nostri remanere fac . sine occasione . t. r. apud windes . 5. die febr. the king wanting present moneys this year , sent forth this writ . quia rex plurimum indiget ad praesens pecunia . mandat . est justic . ad custod . iudeorum assignat . quod omnes denarios de judaismo regis quos reservant ad aurum inde emend . ad opus regis , sine dilatione liberent in garderoba regis aberico de fischamp , & petro de winton cler. et faciend . inde quod rex eis injunxit . * anno 46 h. 3. i find 18 several jews paying several fines to the king fot patents , and that they might abide within certain towns : as likewise a precept to the constable of the castle of glocester , to seise all the chattels houses , lands , and tenements of caupon a jew of glocester , and keep them safe till the king gave farther order ; with this further command to the barons . * mandatum est baron de scac. quod omnes cartas , tallias , et instrumenta inventa in archis regis cyrographariis de debitis judeorum per angliam , regi relictis seu concessis post ultimum scrutinium et proventum fact : de debitis predictis , per illos quos rex ad hoc deputavit , coram eis venire faciant , ad praedicta debita ad usus regis levanda secundum quod rex eis injunxit . t. &c. he likewise made several grants to jews , not to release , pardon , respite , or extend their debts , in this form . * rex omnibus , &c. sciatis , quod per finem quem benedictus de lincoln judeus fecit nobiscum , et de quo nobis satisfecit in garderoba nostra , concessimus eidem iudeo quod de nullis debitis suis , quae eidem debentur , aliquam extentam , aut terminorum prorogationem , quietantiam , seu donationem aliquam faciemus infra quinquennium , à tempore confectionis praesentium literatum . in cujus , &c. t. r. apud windsore 15. die maii. the like patents were then granted to 4 other jews , and to 8. jews more on the 19th of february . the jews of canterbury complaining to the king of violence offered to them by the people in canterbury , who broke open their doores , beat them , and intended to burn their houses with fire , in the night , issued this commission to inquire out the malefactors , that they might be punished . * cum rex ex parte judaeorum cant. gravem accepit querimoniam ; quod quidem malefactores et pacis regis perturbatores , tam clerici , quam laici ejusdem civitatis nuper venerunt noctanter ad domos eorundem judeorum in eadem villa , et ostia et fenestra eorundem domorum securibus exciderunt et fregerunt , et ad domus illas comburendas ignem ibidem detulerunt , & postmodum quo●dam ex judeis praedictis enormiter verberaverunt , & maletractaverunt contra pacem regis . rex assignavit walt. de bersted ad inquirend ▪ per sacram : &c. qui transgressionem praedict . fecerunt : & quid per eandem inquisitionem invenerit regi in propria persona sua sine dilatione scire fac . ut ad insolentiam predict . malesactorum reprimendam et correctionem debitam de transgressionibus predict . faciendam de consilio suo faciat , quod super fuerit faciendum . et mandat . est vic. kanc. &c. the justices of assize this year proceeding notwithstanding a prohibition from the justices of the jews to stay the proceedings in a suit for a jews house in colchester , which was recovered by his default , notwithstanding the prohibition , thereupon there issued this writ of restitution for the jew . † rex vic. essex salutem , cum willielmus de ponte nuper arraniavit per breve nostrum quandam assisam novae disseisinae coram nich. de true et sociis suis justic . nostris ultimo itin. in com. essex , vers . hanekun de flemeg . et ursellum judeum de colecester , de ten : in colecester : ac per iohannem de weston , et tho. de pynkesden , iustic . ad custod . iud. assign . eidem ursello sit inhibitum , ne alibi quam coram eis super aliquo respondere praesumeret ; per quod idem ursell : coram praefato nicho. et sociis suis iustic . nostris comparere non audebat praefato willielmo inde respondere . cumque assisa illa per defaltum praefati urselli tunc capta fuisset , ac idem willus . seisinam de tenem . predicto per ret . assisae praedict . ●ecuperavit . attendentes absentiam praefati iudaei occasione inhibitionis praedict . sibi factae ei non debere imputari ; tibi praecipimus , quod praefato iudeo tenem . praedict . cum pertinentiis rehabere fac . tenendum absque destructione vel absque alienatione , aliqua inde facienda , vizt . usque in crastinum epiphaniae dom : prox : futur . ita quod tunc vel citra , per praedict . mich. johan . & tho. quos iustic . nostros ad hoc assignavimus , exhibeant in praemissis utraque parte iusticiae complementum . et tu ipse provideas , quod per judicium supradictum de tenemento illo nulla fiat alienatio seu domorum deterioratio , nec aliquo modo inde fiat destructio , per quod tenementum illus interim deteriorari contingat . t. apud westm . 20 die octob. this year the king committed all the jews to his son edward , granting him the use of the seales of his exchequer , to seal his writs , and a new prison , as this record informs us . * rex thesaur . et baron . suis de scac. salutem . sciatis , quod concessimus edwardo fil . nostro . cui judaismum nostrum commissimus , quod justic . sui ad custod . judeorum assignat . habeant sigillum scac. nostri judeorum penes se , & quod omnia brevia et mandata ad iudaismum illum spectantia subsigillo scac. nostri judeorum mittant , ad sigilla nostra de cancellaria , vel de scaccario nostro . ita quod brevia et mandata praedict . ibi sine difficultate consignantur . et mandamus magistro i. de chishal cancellario scac. nostri , quod brevia et mandata illa sine difficultate consignari fac . et attornatos ejusdem filii nostri omnes denar . inde provenient . percipere permittat ad opus ejusdem fil . nostri , volumus etiam quod idem fil . noster habeat prisonam ad judeos et alios distringendos et justiciandos , prout secundum legem et consuetudinem regni nostri fieri debet et consue vit . et ideo sic fieri faciatis . t. r. 12 die iulii . mandatum est i. de chishal . cancellar scac. reg . quod omnia brevia & mandata quae justic . ad custod . jud. assign . sibi mittant sub ▪ sigillo scac. reg . judeorum , sine difficultate consignari fac . et attornatos edwardi fil . reg . cui rex iudaismum suum commisit ; et omnes denarios de praedictis brevibus et mandatis provenientes percipere permittat ad opus ejusdem fil . regis . t. ut supra . this year the king issued out this writ to extract quoddam feodum out of the chests of the iews of malle * a iew of canterbury , which the king granted to another , directed cyropraph . justiciariis & iudeis cant. & illum habeatis coram justic . nostr . ad custod iudeorum assign . at a set day , per unum ex vobis sub sigillis vestris , praedict iusticiariis nostris liberand . ad faciend . inde praeceptum nostrum , et habeas ibi hoc breve . t. w. bagod . apud westm . 4 die iun. there are 3 more the like writs this year . * the king by his charters this year granted sundry fees and annuities of several iews by their assents ( specified in their charters , in which several persons were obliged by their charters to these iews and their heirs ) unto robert walerand . habend . & tenend . eidem roberto , & haeredibus suis libere & quiete , integre & in pace , sine reclamatione nostri & haeredum nostrorum , & iudeorum praedictorum in perpetuum , secundum tenorem praedict . cartarum , &c. dat. per manum nostram apud westm . 2 die febr. king henry in the 47 year of his reign confirmed prince edwards grant of the iews ( to whom he formerly assigned them ) unto the caturcensian merchants ( to whome the iews and judaisme were morgaged for moneys advanced on them ) by this patent . * rex universis ad quos , &c. salutem . cum edwardus noster dilectus primogenitus , ex praecepto , assessu et voluntate nostra concesserit & tradiderit insolutum petro ceraudo & willo bernand . frarribus , pro seipsis , & eorum sociis civibus et mercatoribus caturcens . pro mutuo per dom. edwardum ab eisdem mercatoribus habito & recepto london , pro negotiis ipsius edwardi & regn . nostri gravibus & arduis , totum iudaismum nostrum ipsius regni nostri cum scac. ejusdem iudaismi , et omnibus et singulis aliis proventibus et exitibus ceterisque ad idem iudaismum spenctantibus . habend . et tenend . a die confectionis instrumenti interdict . edwardum et prefatos mercatores super dicto mutuo confecto usque ad quindenam sancti iohis baptistae . anno dom. 1265. prout in instrumento praedicto patente seu literis dicti edwar. quod seu quas eidem mercatores penes se habent plenius continetur . nos praedict . concessionem et traditionem ratas habentes et gratas , eisdem praedict . mercatoribus pro nobis et haeredibus nostris inviolabiter concedimus , ac etiam in omnibus confirmamus . promittentes nos praedict . concessionem et traditionem , prout in praenominato instrumento , seu literis sunt contentae , warrantizare , protegere , seu defendere contra omnes , pro nobis et heredibus nostris . in cujus rei testimonium has literas nostras eisdem mercatoribus fieri fecimus patentes . dat apud london 11 die iunii . an. r. n. 47. his testibus dom. rico. rege aleman . fratre nostro . humfred . de bohun . com. heresord et essex , tho. basset justic . nostr . angl. hugh le bygod . iohn mansel thes . ebor. rob. waller , ebulone de montibus , petro de essevel , et aliis . this year some iews were indicted before the justices itinerant , and imprisoned and outlawed for receiving stollen goods , as this record informs us to stop the utlawry . * rex vic. sussex salutem . cum manuel de maford et jacob fil . benedict . iudei nuper indictati coram iustic . nostris ultimo itinerantibus in com . tuo de receptamento latrocinium se reddiderunt ad prisonam nostram , parati inde secundum legem & consuetudinem regni nostri stare juri , & tibi preceptum fuit ab eisdem iustic . nostris ipsos de comitatu in comit . propter contumaciam suam exigi , & praeter modum utlagari . tibi praecipimu● , quod ab utlagaria in ipsos promulgata desistas , & bona eorundem iudeorum ad opus nostrum reservari , & salvo custodiri fac . donec aliud inde tibi praecipimus . teste rege apud westm . 14 die febr. king henry , anno 48. made this proclamation to prevent all violence against the jews in vvinton , and other places , and preserve them & theirs under his peace and protection , as well as his other subjects , threatning losse of life and member to all such as should hurt or molest them , as this patent manifests , committing them to the protection of 26 of the chief citizens of winchester by this patent . rex willo . fromund ( and to 25 more there named ) civibus suis winton , salutem . cum divina cooperante gratia , pax in regno nostro ordinata sit , firmata , et ubique per ipsum regnum proclamata ; ac de consilio baronum nostrorum provisum sit , et ex parte nostra , et ipsorum publice sit inhibitum , ne quis sub poena exhaeredationis et periculo vitae et membrorum super aliquem currat , nec homicidia vel incendia , de predationes vel roberias , seu alia hujusmodi faciat enormia , nec cuiquam damnum inferat contra pacem nostram . cumque judeos nostros winton in nostram defensionem et protectionemspecialem suscepimus , una cnm familiis , rebus , et omnibus possessionibus suis , et ad tuitionem , et majotem securitatem eorum , vos de consilio baronum nostrorum ad custodiam ipsorum judeorum assignavimus . vobis mandamus firmiter injungentes , quatenus per totam civitatem praedict . ex parte nostra , et baronum nostrorum praedict . publice proclamari , et firmiter inhiberi faciatis , ne quis sub periculo vitae et membrorum praedictis judeis vel suis familiis in personis vel rebus suis inferat dampnum , molestiam vel gravamen . et vos ipsi judeos ipsos , familias suas , res , terras , et omnes possessiones eorum infra praedictam civitatem , et extra , quantum in vobis est manuteneatis , protegatis , et defendatis , talem ad hoc diligentiam apponentes , quod vos inde merito commendare possumus . teste rege apud st. paulum , london 14 die iunii . the king by the like letters patents committed the jews of nothampton to 26 burgesses of the town , to be garded and protected by them , whose names are specified in the patent , which recites : cum propter turbationem nuper habitam in regno nostro , et maxime propter conflictum nuper habitum apud northampt. judei northampt. ad cast . fugerunt , & ibidem pro timore moram hactenus fecerunt castrum illud exire non audentes , de quo jacturam non modicam jam incurrimus , ac sedata turbatione praedicta , et inspirante gratia divina , pax inter nos et barones nostros ordinata sit ac firmata , ac in regno nostro publice proclamata ; propter quod de consilio nostro providimus , quod eidem judei redeant in villam prxdict . ibidem moraturi , sicut prius morari consueverunt . ac etiam ad tuitionem et majorem securitatem eorundem , vos ad custodiam eorum assignavimus . vobis mandamus , quod judeos illos , et omnes possessiones suas manuteneatis , &c. ( as in the former . ) cyrographariis autem , et custodibus archae judeorum in villa praedicta cum opus fuerit consulentes sitis et auxiliantes ad ea facienda et exequenda quae ad officium suum pertinent in eadem villa , pro quo diligentiam vestram merito commendare debeamus . t. r. apud st. paulum 2 die iun. the like patents were sent majori & vicecomitibus london , reciting the publike peace proclaimed , as the first patent doth , then adding . cumque iudeos nostros london , pro timore turbationis supradict . adhuc existentes apud turrim nostram london , in nostram defensionem et protectionem suscipimus specialem , una cum familiis , rebus , et omnibus possessionibus eorundem , ac ipsis judeis concessimus , quod ad domos suas infra civitatem praedict . libere redire , & eas secure et absque aliquo impedimento inhabitare possint , sicut prius ante turbationem praedict . fieri consueverunt . vobis de consilio baronum praedict . mandamus firmiter injungentes , quatenus per totam civitatem praedict . ex parte nostra , et baronum ipsorum publice proclamari et firmiter inhiberi faciatis , ne quis sub periculo vitae et membrorum praed . judeis et familis suis in personis vel rebus eorum inferat dampnum , molestiam , vel gravamen . vos autem eos de caetero infra civitatem praed . ●quam extra quantum in vobis est , manuteneatis , protegatis , et defendatis , pro quo vos specialiter recommendare debeamus . t. r. apud st. paulum london , 11 die iunii . the like patents were granted to most other towns where the jews resided , who by reason of the late troubles fled into castles to preserve their lives and goods from plunder during the civil wars between the king * and barons , wherein many of them were pillaged of all their estates , and some killed . in the fine roll of 48 h. 3. i find sundry releases made by the king to diverse english men of the fees and debts belonging unto jews , running in this unusuall form . * rex justic . ad custod . judeorum assign . salutem . sciatis nos de gratia nostra speciali remisisse di●ilectis et fidelibus nostris rogero bertram ( and sundry others there named ) ut nobis devotiores , et ad obsequium nostrum promptiores efficiantur , omnia feoda , in quibus ipsi aut eorum antecessor . teneb . quibuscunque judeis nostris angliae . pardonavimus etiam prefatis r. &c. fidelibus nostris praedict . omnes usuras et poenas in quibus ipsi vel sui antecessores eisdem iudeis per cartas suas teneantur . ita videlicet quod in pecunia quam praedict . r. &c. a prefatis judeis mutuo ceperunt , eisdem judeis reddere teneantur , super qua quidem pecunia prefat . r. &c. sacramento suo coram vobis prestito , et aliorum fide dignorum ad hoc juratorum credantur . et ideo vobis mandamus quod omnes iudeos qui in regno nostr . existunt presentes , vel haetedes eorum qui mortui sunt , quibus iidem fideles nostri in aliquo debito tenebantur certis diebus et locis coram vobis venite , et omnes cartas , per quas omnibus judeis angliae tenebantur in aliquibus debitis vel feodis , ab archis cyrograph . judeorum extrahi , et eisdem liberari , et ipsos de predict . feodis de poenis et usu●is quietos es●e , et sic fieri et irrotulari faciatis . ita tamen , quod dict . pecunia sic a iudeis praefat . mutuo accepta , praedicti r. &c. eisdem iudeis ad rationabiles terminos , quos eis assignabitis satisfaciant , ita quod dicta pecunia sic mutuata non usuret , et si praefa●i judei , ve● aliqui ex ipsis fuerint mortui , ita quod catalla sua sunt nostra escaeta , tunc praedicti r. &c. nobis inde satisfaciant ad scac. nostrum . t. r. apud vvestm . 28 die octob. the like i find to this in fines 49 h. 3. m. 6 anno 49 h. 3. 〈◊〉 meet with this record about a charter supposed to be forged by a jew . * rex majori northam : salutem . cum ad suggestionem tuam . johannem fil : eustach . &c. isaac de burd , &c. iudeos pro quadam carta falsa confecta per te arrestari , et salvum custodiri praecipimus , et th ▪ de brampton , &c. manuceperunt coram nobis , ad habendum praefat . johan . &c. coram iustic : nostris ad custod : iud assignat . a die &c. ad standum recto si quis versus eos inde lonqui voluerit . tibi praecipimus , quod praefat . iudeos in propria persona tua habeas coram praefat . justi● . die praedict . ad standum recto de crimine supradicto . et hoc sicut te et omnia tua diligis , nullatenus omittas , et habeas ibi cartam praedictam , et hoc breve . t. r. apud hereford , 12 die maii. there is the like writ for others in the same case . the same year this writ issued to seise all the jews and judaism into the kings hand , formerly granted to pr. edward , because he had joyned with some rebels against the king , allowing some , displacing other of his officers , and commanding them not to obey the prince . * rex thesaur . et camer ariis suis salutem . quia edwardus fil . ● . cui judaismum nostrum sicut nostis , ad tempus commissimus , nostro prorsus ac magnatum et fidelium nostrorum spreto consilio , subito et ex inopinato jam recessit ad quosdam rebelles nostros se transferendo , qui nos gravare , et pacem regni nostri perturbare proponunt , dictum iudaismū capimus in manum nostram . et ideo vobis mandamus , quod assumpto vobiscum magistro thom. de cantelupo cancellario nostro si adhuc londini existat , tallagium nuper assessum super iudaismum predict . per tho. de irpergue ad hoc assignat . per praedict . fil . nostr . videri , et illud ad opus nostrum colligi , et salvo custodiri fac . donec aliud inde praeciperimus . adam vero de winton socium roberti de crep : ab officio suo amoveatis , et loco ejus will. de hachelbeche substituatis . ita , quod idem vvillielmus et robertus officio iusticiariae iudeorum amodo intendant , donec aliter inde duxerimus ordinand . et eisdem iustic . firmi er injungatis ex parte nostra , ne praefato fil . nostro , vel suis , in aliquo intendant , et quod ab omnibus iudeis angliae hoc idem scire faciant . et hoc non omittatis . t. r. apud hereford ; 30 die maii. in the fine rolls of ann. 49. the king pardons rich : de la hyde his debts , &c. whose lands and tenements were not sufficient to satisfie the debts for which they were obliged to sundry jews there named . * omnia debita , usuras , poenas et feoda , in quibus tenetur iudeis praedictis in aliquibus debitis , usuris , poenis vel feodis ab archis cyrograph : iudeorum extrahi , et praef . rico. liberari , et ipsum de predict . debitis , usuris , poenis et feodis quietum esse , et sic fieri et irrot . faciant . t. r. apud hereford 19. die iunii . per regem et justic . the like to this and the former in fines 48. i find frequent in this * fine roll : to above 20 other several persons , after the battel of lewes therein specified . in 50 h. 3. * mandatum est th. bacun , quod rotulos et brevia iudaismum tangentia , quae sunt in custodia sua , liberet iustic . ad custod . iudeor . assign . custodiend . quamdiu rex aliud inde praeceperit . this year the king writing to hagi●o a jew of london , to deliver monyes of the merchants of flanders there arrested and left in his custody , * begins thus . rex hagino fil . mossei iudeo london , statum vitae melioris , cum per literas nostras , &c. the same year the king granted to aaron le blund , † a jew , liberty to sue for his debts , which he formerly pardoned his debtors , non obstante pardonatione nostra de debitis dicti rogeri praefato judaeo facto . the jews sustaining much loss by the barons and kings enemies , i find this recitall thereof by the king , who granted them other jews debts for their relief , as this and other presidents manifest . † rex iustic . suis ad custod , &c. soiatis quod pro dampnis et jacturis quae haginus fil . mossei iudeus london , pro nobis sustinuit in turbatione habita in regno nostro , nos in auxilium relevationis suae status , dedimus ei 50 lib. in quibus willielmus de dyve defunctus per cartam suam tenebatur jacobo fil . ladonis iudeo london , nuper defuncto , cujus debita et catalla devenerunt ad manum nostram ratione mortis ejusdem . et ideo vobis mandamus , quod praedict 50 lib. secundum consuetud . judaismi nostri leuari , et eidem hagino , una cum carta supradicta liberari faciatis de dono nostri . t. r. apud westm . 1 die april . the like grant of another jews debt upon the same account , was this year made to elyas , sonne of mosse a jew , to be allowed in his tallages and other debts to the king. ibid. m. 10. the king pardons peter de novel and andrew de winton the debts they owed to jews . the iews in london both before and after the battel of lewes , being spoiled of their houses and goods there during the civil wars , by the kings enemies and the barons then in arms against them ; he thereupon in the 50 year of his reign , enabled them to sue for , and recover their goods and houses again , ( except such as himself had sold and disposed of ) and restored them to the self-same condition they were in before the battle of lewes , by this ensuing writ and grant . * rex hugoni filio ottonis custodi civitatis suae , london , salutem . cum pro variis dampnis et inju●is iudeis nostris angliae in turbatione regni nostri ab inimicis nostris illatis , de consilio magnatum nostrorum qui sunt de consilio nostro , concessimus omnibus et singulis iudeis praedictis , quod ipsi quoad bona et possessiones suas recuperanda sint in eodem statu quo fuerunt die conflictus de lewes ; ac quidem inimici nostri in turbatione in regno nostro habita domos iudaeorum nostrorum london in eadem civitate tàm ante bellum praedictum quàm post occupaverint : ac etiam quidam deorum praedictorum pro timore turbationis praedictae domos suas in eadem civitate reliquerunt , et ad alias partes se transtulerunt : nos eisdem fudaeis gratiam uberi●rem facere volentes , concessimus et reddidimus singulis iudaeis nostris london , omnes domos suas praedictas ante bellum praedictum , et post bellum illud occasione turbationis praedictae occupatas & detentas ; exceptis domibus quorundam judaeorum praedictorum london , quas in eadem civitate quibuscunque prius concessimus . et ideo vobis mandamus , quod praefatis iudaeis de domibus suis praedictis in quorumcunque , manibus exist●nt , plenam seis●nam habere facias , sicut praedictum est . t. r. apud vvestm . 14 dii novembris . in the * patent rolls of this year , the king grants the houses and debts of several jews escheated to him by their deaths or othewise , to several jews , impoverished dampnis et gravaminibus sibi ad inimicis nostris illatis tempore turbationis habita in regno nostro , &c. volens eis gratiam facere specialem . besides , upon this account i find this general patent and proclamation of protection for the jewes of london . * rex rich. de ceual ( and 45 more there named ) civibus london salutem . quia iudei nostri london tempore turbationis in regno nostro jacturas quamplurimas et enormia sustinuerunt , nos dispendiis et ●acturis eorum compatientes ipsos , terras , res , domos , redditus , et omnes eorum possessiones , in defensionem et protectionem nostram suscepimus● specialem . nos ad eorum majorem tuitionem et securitatem custodiam et protectionem vos assignantes . et ideo vobis mandamus firmiter injungentes quatenus per totam civitatem praedict . london publice proclamari fac . ne quis sub periculo vitae et membrorum praedict . iudaeis in personis vel rebus suis dampnum inferat molestiam aut gravamen , et vos ipsi iudeos illos , familias suas , terras , vel redditus ▪ domos , et omnes possessiones suas , et eorum bona infra civitatem 〈◊〉 et extra quantum in vobis est man●teneatis ▪ protegatis et defendatis , non inferentes , &c. ( as in the former ) et si quid &c. talem diligentiam apponentes ut vobis , &c. donatur per vicecomitem t. r. consimiles literae habent iudei cantebr . ballivis et probis hominibus cant. directae durant , ut supra . * this year the king granted the custody of the iews rolls , and a salary for it by this patent . † rex omnibus , &c. sciatis quod commissimus dilecto clerico nostro tho. wabrun . rotulos et brevia nostra iudaismi nostri custodiend . quamdiu nobis placuerit , ita quod capiat per annum ad scac. nostr . 10 lib. vid. 100 s. ab scac. nostr . st. michis . et 100s . ad scac. nostr . pasche ad se sustentandum in officio praedicto quamdiu frerit in eodem . the same year the king by * patent granted leave to sundry jews , presently to sue for , and levy their debts upon their creditors , and distrain them for them , and likewise that he will not release , pardon nor respite the debts due to them from sundry particular persons expressed in the patents , in form like those already cited elsewhere . yea i find this writ for electing a new cyrographer in the place of one that was dead , issued this year . † rex constab . castri winton et ballivis ejusdem villae , sa●utem . quia petrus westman christianus unus cyrogr. arch. iud. winton diem clausit extremum , ut rex accepit . vobis mandamus , quod per sacramentum 12. tam christianorum quam iudeorum villae praedict . eligi fac . loco praedict . pet. unum alium coffrarium , qui praestito sacramento sicut moris est . officio illo de caetero intendat , et nomen ejus regi scire fac . t. r. apud cant. 26 die oct. and this recital of the kings grant of his iudaisme to the prince , and a confirmation of his grant to a jew . † rex omnibus , &c. sciatis quod cum dudum commiss●rimus dilect . primog . nostro judaismum nostrum angliae , habendum ad certum terminum ▪ cum omnibus ad judaismum illum pertinentibus ; item quod idem fil . noster omnia inde medio tempore illo perciperet judeorum , tam ratione mortis iudeorum , aliunde quam eodem modo-quo nos percipere debuissemus , si iudaismum praedict , in manu nostra ●e●uissemus , et dictus fil . noster tertiam partem omnium catal , et debitorum quae fuerunt deulecres filius aaron qui tunc in fata concess●● , ad ipsum filium nostr . ratione mortis e●usdem deulecres , sicut moris est in iudaismo pertinentem occasione ●os●rae concessionis antedict . dederit et concesserit hagio fil . mosse iudeo london , una cum custodia catal . et debitorum pertinent . ad pueros & haeredes ejusdem deulacres de catallis et debitis supradictis . nos praedict . donationem & concessionem ratam habemus & acceptam . volentes etiam eidem hagino gratiam facere specialem , concedimus eidem quod de debitis 〈◊〉 extentam ; vel etiam prorogationem seu quietantiam , aliquam vel donum nou faciemus infra quinquen●ium a tempore confect . presentium . in cujus , &c. t. r. apud westm . 26 die novemb. in 51 h. 3. i find this grant to divers plundered jews of lincoln , and other parts to recover their pawns which they could prove though their charters were lost or not extant on record . rex dilectis et fidelibus suis custodibus pacis in com. linc. north. ebor. & vic. eorundem com. et vic. norf. suff. et rutland , et omnibus ballivis et fidelibus nostris quos , &c. salutem . volentes manfro ( and to sundry other iews there named ) iudeis linc. et aliis iudeis nostris ejusdem civit. pro dampniset gravaminibus eis ab inimicis nostris illatis in insultu habito apud linc : nec non et in turbatione regni nostri gratiam facere ad praesens . concessimus quod vadia sua nominata in cyrogr. inter ipsos et debit . suos confect . de debitis quae sibi rationabiliter monstrari poterint , in quorumcunque manibus existent vadia illa in manus suas secundum legem et consuetudinem iudaismi nostri seisientur , donec debita illa levantur et persolventur eisdem sicut praedict . est ; nisi debitores illi rationabiliter monstrare poterint , quod de debitis illis debent esse quieti . in cujus , &c. t. r. apud windsore . * the like patent he made to aaron the son of lion le blund a jew of london this year upon the same grounds , being plundered by the king enemies in london and elsewhere . * in 52 h. 3. the king confirmed the grant of s●m . a jew of york to hagino a jew of london , of certain houses in york , and grants to him further : pro nobis et haeredibus nostris sibi et haeredibus suis , quod supra domos praedict . nulla fiat districtio pro aliquibus debitis in quibus aaron ( the father of samuel ) nobis tenebatur die quo in fata concessit . t. r. 30 die aug. he likewise * ratified the grant of a jew of wilton of a debt due to him to tho. de irpeign , with the grants of several houses in winton by sundry christians and jews to benedict a jew of winton , pardons a fee to a jew , and grants some jews that had suffered for him leave to levy their debts on their debtors lands . there is likewise * mention of what moneys were delivered into the kings vvardrobe this year out of the profits of his judaisme , and an acquittance thereof to his iustices . this year the † king granted to hagino fil . mossei and some other jews , † that they should be exempted & quieti de omnibus auxiliis et tallagiis super ipsis assidendis , et de quibuscunque debitis in quibus nobis t●nentur , from the feast of st. andrew usque in terminum proximo sequent . t. r. apud clarendo● 27 die novemb. † in the clause rolls this year i find fines made by the jews to the king , to enjoy the goods and debt ▪ of other iews ; † prohibition● to the iustices i●inerant no● to suffer any iews to be vexed or prosecuted before them ; cum sicut nostis iudei angliae , coram aliquibus . iustic . nostr . de aliquibus judaismum nostr . tang●●●ibus non deb●ant placitare vel respondere , nisi coram iustic . nostri● ad custod . iud. assignatis . a grant to some iews not to pardon , acquit prorogue , or ●extend their debts for 5 years , with a confirmation thereof , and repeal of all subsequent grants to the contrary . * and a grant of one jews debt to another , and power to levy it , notwithstanding any former pardons and releases thereof . in the plea rolls of hilary term , anno 52 h. 3. in the treasury of the exchequer , theie are several legal suits and proceedings before the justices of the jews in the exchequer , some whereof i shall transcribe . † decanus et capitulus linc. per suum attornatum opt . se 4 die versus mosseum de warwic . de placito , quod injustè ab eis exigit debitum per quandam cartam falsam , et contra assisam iudaismi confectam , ut dicunt ; et ipse non venit . et praeceptum fuit constabulario , quod ipsum attachiari faciat , ita quod haberet corpus ejus coram justiciariis , &c. upon which the constable returned , quod dictus mosseus non est inventus , &c. et similiter praeceptum est vicecomiti linc. quod attachiari faciat , & ● . in this roll there are divers actions against jews , de placito acquietationis debiti , &c. to discharge them of debts , and to deliver up their charters , pawnes and morgages , pretended to be discharged , released , pardoned , or satisfied . * done de walingford petit versus henricum cobbe , custodem haeredis et terrarum nicholai cuppins medietatem unius messuagii in parochia sancti petri in winton , quae quondam fuit dyay viri sui ; unde ipse dyay vir ipsius ipsam secundum legem et consuetudinem iudaismi ▪ dotavit , &c. in the 7th roll there is a confirmation of the kings of certain debts and annuities assigned by hagino son of moses , a jew , to adam of stratton , and this ensuing writ to the sheriff of essex and elswhere , to discharge one peter fitz-roger of all debts due to the jews , after proclamation made in the schools and synagogues of the iews two or three sabbaths , and not suing for them within a prefixed time , after such proclamations returned . praeceptum fuit vicecomiti essex , quod clamari faciat per scolas judeorum colecester , per duo vel tria sabbata , si aliquis judeus vel judea aliquod debitum exigere poterit de rogero filio petri , filii gilberti , de debito suo proprio , vel , &c. tunc essent ad compotum . et vicecomiti mandatur tam litera latina quam hebraica , quod nullus judeus vel judea aliquod debitum exiget de predicto rogero , &c. eodem modo praeceptum fuit constabulario castri norwic. and others , by writs both in latin and hebrew ; and the certificate returned upon these writs was made both in latine and hebrew ; the usual form in that age in such cases . in like manner , praeceptum fuit constabulario turris london , quod clamari faciat per scolas judaeorum london , per duo vel tria sabbata , si aliquis iudeus vel iudea aliquod debitum exigere poterit , &c. that then they should come in ad computandum , &c. and the returns of them are in hebrew and latin. in the same roll there is a recital of a charter made by the king , dilecto fratri et fideli nostro willielmo de valence , et haeredibus vel assignatis , of an annuity of 50 marks yearly , wherein peter fitz matthew was bound to aaron ben abraham a iew of london , usque in finem saeculi , ( the usual form of the iews charters , in cases of fee simple ) which annuity the iew had given to the king. in the end of the charter the king warrants the gift , secundam assisam iudaismi . in the dorse of the same * roll , there is a confirmation by the king of an assignment of annuities & debts , to william charls , by sampson son of le mestre a jew ; and a vvrit iusticiariis ad custodiam iudaeorum assignatis , to inroll the patent , dated ad clarendon : with divers other writs of that nature . in the 8 roll * of the pleas that year , there is this writ to the sheriff . * henricus dei gratia , &c. vicecomiti essex salutem . constat justiciariis nostris ad custodiam judeorum assignatis per inspectionem rotulorum de scaccario nostro , scilicet , quod aaron filius duessad vendidit et demisit dilecto et fideli nostro g. de clare , com. glouc. et hereford , unum debitum de 20 l. de feodo , sub nomine willielmi de bernham , et magistri elye iudei , together with other debts , &c. et quod praedictus aaron habuit seisinam per praeceptum nostrum de terris & tenementis quae fuerunt praedictorum vvillielmi et roberti ( another of the debtors ) in borham , pro debitis praedictis , quam quidam seisinam praefatus comes habuit per praeceptum nostrum , occasione venditionis praedictae de terris et tenementis praedictis . ac postmodum iohanna quae fuit uxor will. de berneham , et iohannes anger in curia nostra coram nobis recuperaverunt seisinam de praedictis terris & tenementis per judicium curiae nostrae praedictae . et quia eadem seisina sic prefatis iohannae et iohanni adjudicata , &c. nihil debet praejudicare predicto comiti , quin secundum assisam et consuetudinem judaismi nostri habeat talem seisinam de terris et tenetis praedictis qualem prius habuit occasione dictorum debitorum ut predictum est , tibi praecipimus quod seisinam quam praefatus comes prius habuit de terris et tenementis predictis , eidem rehabere facias , &c. in the same roll there is this inquisition made upon the murder of a jew slain at oxford . * praeceptum fuit constabulario castri oxoniae et cyrographo christiano et judeo archae cyrograph ▪ ejusdem ; quod per sacramentum 12 iudeorum inquirant , quae bona et catalla iacobus baseni de oxon : judeus oxon interfectus , habuit die quo interfectus fuit . eodem modo preceptum est ballivis oxon : quod per sacramentum 12 christianorum inquirant quae catalla dictus iacobus habuit die quo interfectus fuit , &c. which will well explain the articles in the ancient eyres , and the manner of inquiry and proceedings thereon , * de catallis iudaeorum occisorum , &c. in the plea rolls of the same year and term there is this record , manifesting , that all debts and stars of converted jews belonged to the king. * iospin fil . solomon de merlebridge shews to the court that iocette his sister was married to salom filius lumbard . of kirkland : et quod ipsa habuit in archa cyrogr. merlebridge , unum cyrographum de 32 marcis sub nomine suo et hugonis lovel rectoris ecclesiae de rudburn ; that iocette became a convert christian , and then did solomon alter the deed in his own name ; quae quidem carta fuit domini regis , per conversionem praedictae jocettae , et quod hoc totum sit verum , obligat omnia bona &c. ( out of spight to his sister for that she was turned christian to make her forfeit this debt ) et preceptum est vicecomiti , quod venire faciat praedictum hugonem et cyrographum christianum archae cyrographorum merlebrige , et 6. christianos de merlebrig &c. et postea ipse iospinus non est prosecutus . ideo omnia catalla dicti iospini capiantur in manum domini regis , prout ipse obligavit , &c. a just requital of his malice . * praeceptum fuit cyrograph . christianis et iudaeis archae cyrogr. norwic. quod ad archam accedant , &c. and there take out 20 l : debt . for edward the prince due unto him , &c. * praeceptum est cyrograph : christian . & judeis archae cyrogr. norwic. quod ad archam praedictam accedant , and there take out all the charters , pawns , and rolls belonging to abraham a few of norwich for the kings use , because he had not paid his tallage of ten pounds to the king. rot. 10 , 11 , and 12. of the pleas of hil. 52 h. 3. consist for the most part of sta●rs of the jews : some whereof are assignments of debts , and sales of annuities by jews to adam de stratton , simon de zouch , and other christians , ratified by the kings confirmation : others of them , releases of debts by way of acquittance . these stars usually began thus : solomon de london judaeus , cegnovit per starrum suum , &c. in the 53 year of king henry the 3. a certain jew abetted by the other jews , in high contempt of christ crucified , in the solemn procession at oxford on ascention day , threw down and brake in peeces the crosse that was carried before the university in procession , and then fled . wherupon by the kings special command all the in oxford were apprehended , and their goods secured , till they out of their own goods and chattels erected a new standing beautifull high crosse , adorned with guilt pictures of christ and our lady , in the place where this wickednesse was perpetrated , and made another rich portable silver guilded crosse , to be carried before the university of the masters and scholars of oxford in their processions , which were to be made by a time prefixed , for the publike manifestation of the honour of god in this behalf , as these ▪ records at large inform us , though not mentioned by any of our historians . * rex vic. oxon. salutem . cum judaei nostri oxon. nobis adhuc non responderint de corpore illius judei qui in vituperium crucifixi crucem in solempni processione die ascentionis domini prostravit et fregit , per quod tibi pluries praecipimus , quod omnes judeos praedictos si ne dilatione caperes , et salvo custodires , et quod non permitteres eos aliquam administrationem habere de bonis et catallis eorum donec sufficientem tibi prestarent securitatem , quod sumptibus suis quandam crucem marmoream pulchram et altam , bene et decenter incisam et pollitam cum imagine crucifixi in capite ex parte una , et cum imagine beatae virginis cum filio suo ex parte altera , convenienter sitis , et auro depictis , una cum causa predicta manifeste superscripta , in loco ubi scelus praedictum extitit perpetratum . et quandam aliam cru●em portatilem argenteam bene et subtiliter et decenter fabricatam , et deauratam , cum hasta sine baculo , ejusdem magnitudinls cum crucibus honorificis quas archiepiscopi coram se faciunt deportari , deferend . ante universitatem magistrorum et scolarium oxon. deferenda in processionibus suis facerent , et quod provid . quod pecunia ad praemissa facienda , cito levaretur , et quod omnia praemissa cum omni festinatione qua fieri posset expleres , et praedict . crucem portatilem procuratoribus universitatis praedictae ●●s●odiendam liberares ; ita quod praemissa fierent citra festum sancti edwardi ▪ quod erit in vigilia epiphan . dom. proximo futur . ac tu quosdam de judeis praedict . juxta mandatum nostrum praedict . ceperis , qui ante captionem suam bona et catalla sua diversis hominibus civitatis praedictae liberaverunt , per quod tu mandatum nostrum praedict . minus plene exequi potes nos volentes ▪ quod praemissa modis omnibus fiant in forma praedicta , tibi praecipimus , quod assumptis tecum majore villae praedict . et coffrariis judeorum nostrorum ejusdem villae in praesentia proborum et legalium hominum de villa praedicta per quos rei veritas melius sciri poterit , diligenter inquiras ad quorum manus bona et catalla praedictorum judeorum devenerunt , et qui ea tenent , et de bonis et catallis praedictis in quorumcunque manibus existant omnia praemissa fieri facias per visum et testimonium hominum praedictorum , prout melius et citius videris expedire , et si necesse fuerit , bona et catalla praed . ad hoc vendas , et taliter te habeas in hoc mandato nostr . exequendo , quod id quod ad honorem dei intendimus , in hac parte manifestetur publice per effectum , et quod praemissa fiant sine mora , t. r. apud winton , 27 die december . the money hereupon being levied on the jews to make these crosses , and the king being informed that the marble crosse could not be erected in the place prescribed , without damage and prejudice to some burgesses of oxford , whereupon they purposed to erect it just over against the jews synagogue there . the king and his counsel conceiving that place inconvenient , ordered it to be set up within the place of merton colledge near the church ▪ and the other portable cross to be delivered to the schollars thereof , to be kept in their said house , by this writ . * rex vic. majori ballivis & coffrariis suis oxon. salutem . cum judei nostri oxon. quandam crucem quae in solempni processione die ascentiones dom. per villam nostram oxon. deferebatur , in vituperium crucifixi prostraverint ec fregerint , per quod vobis alias praecipimus , quod sumptibus judeorum praedict . fac . quandam crucem marmoream pulchram et altam , bene incisam et politam cum imagine crucifixi in capite ex parte una , et cum imagine beatae virginis cum filio suo ex parre altero convenienter sitis , et auro depictis . una cum causa praedicta manifeste superscripta , in loco ubi scelus praedictum extitit perpetratum , et quandam aliam crucem portatilem argenteam bene subtiliter et decenter fabricatam et deauratam , cum hasta sine baculo , ejusdem magnitudinis quam habent cruces quas archiepiscopi faciunt coram se deportari , ante universitatem magistrorum et scolarium oxon. deferendam in processionibus suis . et postmodum intellexerimus , quod crux praedicta marmorea in placea ubi scelus praedictum extitit perpetrarum sine dampno et nocumento quorundam . burgensium ejusdem villae erigi non posset , per quod vobis alias praecepimus , quod crucem praedictam in alia placea , ubi sine dampno et nocumento ejusdem villae fieri possit , erigi face●etis , quod ex opposito synagogae iud. ejusdem villae facere provid . ut accepimus nos perpendientes , quod hoc indecens et inhonest . esset ▪ de confilio edwardi primogeniti nostri , et aliorum fidelium nostrorum , qui sunt de concilio nostro , volumus , quod praedicta crux marmorea erigatur in placea scholarium de merton , juxta ecclesiam suam st. joh. baptistae in villa praed . et ideo vobis mandamus firmiter injungentes , quod crucem praedictam marmoream modo praedicto factam in placea praedictorum scholarium erigi , et praedictam crucem portatilem praedictis scholaribus liberari faciatis , custodiend . in domo sua ibidem ; ita quod eam deferri facian● an in solempni processione coram magistris et scolaribus praedictis sicut praedictum est . et hoc nullatenus omittatis . t. r. apud westm . 3 die febr. i have transcribed these two records at large , for these reasons : 1. because they are not remembred by any of our chronicles . 2ly . because they fully manifest the bold and desperate enmity of the jews in that age against our crucified saviour , in throwing down and breaking his image , and representation of his passion and crosse , even in the solemn procession of all the university and scholars of oxford on ascention day . a very bold attempt in that popish age , which might have endangered all their lives . 3ly . because they evidence the kings and his councils zeal to punish this their malicious wickednesse , and to perpetuate the memory of it to all posterity , at the jews own costs , by the making of these two crosses , on which their wickednesse was to be ingraven in marble , that it might be had in perpetual memory . 4ly . because it discovers the malice of the jews in hiding their goods , and conveying them to others hands , to prevent the making and erecting of these crosses . 5ly . because they make mention of the jews synagogue at oxf. by name , which no other records remember . 6ly . because they fully discover the form of the popish crosses and crucifixes used in that age , which though made at the jews cost , yet they held it both undecent and dishonest to erect the standing crosse ove● against the jews synagogue , who were such inveterate enemies to christs crosse and passion . 7ly . because they make much for the honor and antiquity of the university of oxford my nursing mother , and step-mother to though superiours unjust commands . this year the king for the fine of 1000 pound per annum paid to him by the commonalty of the iews , granted them this exemption from taxes for 3 years . * rex thes . et baron . suis de scac. et justic . suis ad custod : iudeorum assign . salutem . sciatis , quod per finem mille librarum quam communitas judeorum nostrorum angliae nobiscum fecit , concessimus eisdem judeis , quod a tempore confectionis praesentium per triennium sequens respectum habeant de tallagio super ipsos assidendo , nisi nos , aut filii nostri juxta votum nostrum interim proficiscuntur ad terram sanctam , ad quod necesse habeamus super communitatem predict . tallagium assidendi . ita quod de fine predict . reddant nobis die martis prox . post octabis sanctae trin. 500 marcas , et in festo nativ . prox : 500 marc . & in festo sancti michaelis prox . sequenti residuas 500 marc . et ideo vobis mandamus , quod concessionem predict . in forma predict . coram vobis irrotulari , et pecuniam predict . ad terminos illos de communitate predicta ad opus nostrum levari fac . et quia pauperes judei commun . predict . ratione finis praedicti ultra quam facultates suae suppetant nimis exonerari possint , nisi finis ille circumspecte et fideliter super eos assideatur , vobis mandamus quod divitibus ▪ iudeis nostris in contributione facienda ad finem predict . non parcatur , et quod panperes iudei ultra facultates suas non graventur . t. r. apud winds . 26 die maii. yet notwithstanding at the same time he granted this writ to search their chests and charters . * rex dilectis et fideli suis iohan. de westm . et vvaltero de croce assignatis ad archas iudeorum angl : scrutandas salutem . sciatis ▪ &c. ( relating the agreement and fine aforesaid . ) et ideo vobis mandamus , quod omnia debita in cartis , et aliis munimentis infra archas predict . contenta irrotulari faciatis , prout vobis injunximus viva voce . et cum praemissa feceritis coffrariis archarum predict . archas illas liberetis cariandas et reponendas locis quibus prius repositae extiterunt . ita quod tam christiani quam iudei archarum illarum administrationem habeant , sicut alias habere consueverunt . t. r. ut supra . this year the king called the iustices of the jews to give an account of the profits of his judaism , as this record informs us . * rex thes . et baron . suis de scac. salutem . mandamus vobis , quod ad certum diem quam duxeritis assignand . audiatis compotum iustic . nostr . ad custod iudeorum assignat . de exitibus ejusdem iudaismi , à tempore quo dictis iustic . cust . ejusdem iudaismi commissimus custodiend usque ad festum sancti martini , an . reg . n. 53. et cum compotum predict . vobis reddiderint sicut predict : est , nobis significatis qualiter nobis responderint , et in quibus finibus stetit compotus eorundem . mandavimus enim eisdem iustic . quod ad diem quem eis sciri fac . coram vobis accedant cum rotulis , talliis , et aliis compotum suum contingentibus , ad compotum suum predict . reddendum in forma praedict . t. r. apud west . 8 die nov. per regem et totum consilium . et mandatum est prefatis iusticiariis , quod coram prefat . iusticiariis accedant in forma predicta . per regem et totū concilium . this year the jews without license stragling abroad and setling themselves in divers places where they had no chest , nor former residence , whereby they did many mischiefs , and seduced and dishinherited many , thereupon the king issued this writ to reduce them , and rectifie these abuses . * rex vic. oxon et berks salutem . quia pro certo intelleximus , quod per judeos in diversis regni nostri partibus extra civitates , burgos et villas , ubi nulla ▪ est communitas iudeorum , nec cyrograph . archa , sparsim habitantes in contumeliam redemptionis nostri , et periculum animarum , necnon et multorum exhaeredationem malificia plurima committuntur . nos hujusmodi periculis ne ulterius invalescerent volentes salubriter providere , tibi praecipimus firmiter injungentes , quod per omnes civitates , burgos , & villas in balliva tua , ubi expediens fuerit , ex parte nostra publice proclamari , & firmiter inhiberi facias ; ne quis judeus vel judea per se alibi quam in civitatibus , burgis & villis ubi sit communitas iudeorum , vel cyrograph . archa , super gravem forisfacturam nostram de cetero presumat habitare . et hoc sicut te et tua diligis non omittas . t. r. apud winds . 23 die aprilis . one of the principal things of note concerning the iews , this year , is the ordinance concerning the iews , made by the king , by the advice and counsel of prince edward his sonne , and other honest men , for the relief of the christians , touching the grievances they sustained in their debts and fees morgaged to the jews , and against the iews assigning of their debts to others , without the kings special license first obtained . which i find enrolled in french in a very fair hand , in the dorse of the clause and patent rolls of 53 h. 3. and in the red booke of the exchequer in the remembrancers office , fol. 242. with this title there prefixed to it . provisiones de iudaismo liberatae ad scaccarium , per dominum walterum de merton . * a la feste de seint hillayre del an du regne le roy henry fiz le roy iohan. cinquante tierz , purvieu est per memes le roy , et per le conseil sire edward son fiz eyne , et de ses autres prodes hommes , a lamendement de la tere , et reliever les crestiens des grevances que il ont eu par la iuerye de angletere , ●e totes les dettes a gyvues que sont ●oez , et qe aparmenes sunt as meines de gyvus , et ne sont done a crestien , ne vendu issint qe avaunt ceo jur. seent confirme par le roy , vel arroule al eschekker , soent quites a crestiens qe les deyvent et a lour eyres a tuz jurs. ensement les arrerages et les chartres par la ou eles serrunt trouees des avant dites dettes de foez , seent renduz a crestiens de ke les dettes sont dues ou a lour eyres . et si par aventure acune chatre fust mise en huche ou troue des ore , mes nul lu ne tyene . et qe nul gyvu de ceo jur en avant tel manere de dette de foe ne ne preigne , ne ne face . et ensement qe nul gyvu ceo feo a crestien ne venda de cest jur . en avant sur forfeiture de vie et de chatel , ne crestien ne lachate sur forfeiture de son chatel et de son heritage . et ensement est purveu par lavant dit roy , et par le consell sire edward , et des avant dit prodes homes , qe nul gyvu des ore mes ne puse vendre sa dette a crestien si il ne eyt primes le conge le roy. et si crestien la chate par le conge le roy rien ne pusse plus aver ke le roy ne averoit si la dette eust en sa mein , ceo est a saver , le chatel qe est troue en chartre saunz usure . this ordinance within few months after , anno 54 h. 3. was commanded to be put in execution by this writ to the barons of the exchequer , which thus recites it . * rex baron . de scac. salutem . quia provisum est per. nos , et edwardum primogenitum nostrum , et alios fideles de consilio nostro ad meliorationem status terrae nostrae , et ad relevationem christianorum a gravaminibus , quae hactenus habuerunt per judeos et judaismum nostrum angliae ; quod omnia debita judeorum quae sunt feoda , et quae die sancti hillarii an. r. n. 53. fuerunt in manibus judeorum , et quae non fuerunt data et vendita christianis , ita quod ante diem illum essent confirmata per nos , vel irrotulata in rotulis nostris ad scac. nostrum judeorum , quieta sint christianis qui ea debent et eorum heredibus imperpetuum , una cum arreragiis eorundem debitorum : et quod chartae de hujusmodi feodis ubicunque erunt inventae sint liberatae christianis qui talia feoda debent , vel eorum heredibus : et quod si forte aliqua hujusmodi carta sit inventa in archa cyrogr. vel . extra amodo nullius sit valoris . et quod nullus judeus a predicto die inantea , talia debita de feodo recipiat vel faciat . et similiter quod nullus judeus talia feoda christianis vendat a predicto tempore , super forisfacturam vitae suae , et catallorum ipsius , nec christianus ea emat super forisfacturam catallorum ipsius et suae haereditatis . vobis mandamus , quod omnia cyrographa super hujusmodi feodis per quoscunque confecta , coram vobis ad scac. nostrum venire faciatis , et ea quae ante praedict . diem sancti hillarii non fuerunt per nos confirmata , nec in rotulis nostris ad scac. nostrum judeorum irrotulata , prout superius est expressum , cancellari faciatis , et creditoribus , vel eorum haeredibus quieta reddatis . t. r. apud westm . 14 die maii. the later part of this ordinance ( here omitted ) against selling debts without license , is frequently recited in special licenses granted by the king to jews to sell their debts , the very next year after its making , and proved very gainfull to the king and his officers . † rex omnibus &c. salutem . cum nuper de consilio edwardi primogeniti nostri , et aliorum fidelium regni nostri in praesentia nostra provisum esset , quod nullus judeus debitum aliquod , quod sibi a cristiano debetur alicui vendere possit ni si prius a nobis optenta super hoc licentia speciali : et si christianus aliquis debitum hujusmodi de licentia nostra emat , nihil plus inde habeat , quam nos haberemus si debitum illud esset in manu nostra , viz. catallum quod inventum est in carta inde confecta sine usura . nos jacobo fil . mosse iudeo oxon , dedimus licentiam vendendi galf. de lukenore debitum illud in quo laur. de cheleston eidem iudeo tenetur per cartam suam : et etiam idem galfredo dedimus licentiam emendi idem debitum à praefat . judaeo in forma provisionis supradictae . in cujus &c. t. r. apud westm . 7. die maii. claus . 54 h. 3. m. 10. in sc ed. there is a writ , to discharge some debts of the king out of the estate of a deceased iew , directed to the iustices assigned for their custody . in the patent rolls of this year , i find this recital of the kings grant of aaron a jew to his sonne edmond , and of edmonds grant and infranchisement of aaron , and the kings confirmation thereof . * omnibus , &c. salutem . inspeximus cartam quam edmundus fil . noster fecit aaron fil . vynes in haec verba . omnibus praesentem cartam visuris vel audituris , edmundus illustris regis angliae filius , salutem . cum dom. rex pater noster dederit et concesserit nobis aaron fil . vynes iudeum , cum omnibus bonis , debitis , & catallis suis liberam et quietam de omnibus tallagiis , auxiliis , prestitis et demanmandis quibuscunque , ita quod eum , cum omnibus bonis & catallis suis habeamus , et teneamus , cum omnibus libertatibus , legibus , et consuetudinibus iudaismi angliae , prout hujusmodi concessio in praedicti patris nostri carta super hoc confecta plenius continetur . nos eidem aaron iudeo specialem gratiam facere volentes , ipsum cum omnibus bonis debitis et catallis suis tenore praesentium donavimus libertati , concedentes eidem quod ipse toto tempore vitae suae liber sit de nobis ab omnibus tallagiis , auxiliis , prestitis & demandis , reddend . nobis quamdiu vixerit quolibet anno ad festum pentecost unum par caelcarium deaurator . pro omnibus exactionibus & demandis . in cujus rei testimonium sigillum nostrum fecimus apponi . dat. winton . 11 die augusti anno reg. dom. patr . nostr . praedicti . 54. nos autem praedictas donationem & concessionem , &c. pro nobis & haeredibus nostris , quantum in nobis est , concedimus et confirmamus sicut carta praedicta rationabiliter testatur . t. ut supra . here the king grants a jews person , with all his goods , debts , and chattels to his son , like an absolute villain , and his son , thus infranchiseth him afterwards by this charter , which the king confirms , and is mentioned in 18 e. 1. * hereafter cited . this grant of aaron by his son , is recited in this patent roll , with this addition . * volumus etiam quod idem aaron habeat archam ad reponend cyrogr. sua loco quo in terris ipsius filii nostri moraturus fuerit , secundum legem et consuetudinem judaismi nostri , et quod ministri nostri levari faciant eidem iudeo debita sua quae ei debentur vel debebuntur de debitoribus suis in regno nostro , prout rationabiter monstrare poterit per cyrogr. sua vel per literas patentes quod ei in debitis illis teneantur , & prout de jure , & secundum legem et consuetudinem judaismi praedict . fuit faciendum . i find this patent of the kings this year , contradicting his title to a jews house , as escheated to him by his death , and ratifying the jews demise thereof by his last will. rex omnibus , * &c. quia accepimus per inquisitionem quam per constab . turris nostrae london , et majorem & vicecomites nostros london fieri fecimus , quod domus illa cum pertinentiis in vico de melchstreet in civit nostra london quae fuerunt cress . fil . mag. mossei quondam iudei london , non sunt nec esse possunt eschaeta nostra per mortem illius cress . & quod nunquam in vitae sua in aliquo deliquit contra nos , sed tanquam bonus et fidelis iudeus bene et fidelitermore judeorum vixit , et testamentum suum , secundum consuetudinem judaismi nostri fecit , et domos praedict . cum omnibus pertinentiis suis cok. fil . suo legavit in testamento praedicto . nos eidem cok. domos praedict . cum pertinentiis , quantum ad nos pertinet concessimus et reddidimus ; tenend . et habend . in forma testamenti supradicti , salvo jure cujuslibet . in cujus , &c. t. r , apud winds . 29 die sept. this year some jews of winchester fearing an assault upon them , by reason of some differences between them and the citizens , the king granted this new special protection , and committed them to the custody of sundry citizens thereof , to protect them from violence and damage . * rex dilecto sibi in christo simoni le draper , ( and to 25 others there named ) salutem , quia per quandam contentionis materiam inter quosdam de civibus nostris ejusdem villae , et benedictum fil . abrah . iudeum nostrum illius villae nuper habitam , multi homines de dicta villa praedicto benedicto , & aliis judeis nostris in eadem villa commorantibus , de corporibus suis manifeste minati , sunt ut accepimus ; nos volentes dictorum nostrorum judeorum indempnitati prospicere , ipsos homines , terras , domos , res , redditus , et omnes possessiones eorundem in nostram protectionem et defensionem suscepimus specialem , vos ad corum majorem tuitionem et securitatem custodes et protectores suos assignantes . et ideo vobis mandamus firmiter injungentes , quod per totam civitatem nostram praedict . publice clamari faciatis , ne quis sub periculo vitae & membrorum praedict . judeis in personis vel rebus suis dampnum inferet , vel gravamen . et vos ipsi praedict . judeos , familias suas , terras , domos , res , redditus , et omnes possessiones eorum tam infra dictam civitatem quam extra , quantum in vobis est , manuteneatis , protegatis , et defendatis . non inferentes eis vel inferri permittentes injuriam , molestiam , dampnum , vel gravame● . et si quid eis forisfactum fuerit id ●is sine dilatione faciatis emendari . volentes etiam quod praetextu istius mandati in nullo vos intromittatis de placitis quaerilis aut aliis ipsos iudeos tangentibus , quae ad constab . castri nostri winton pertinent , & hactenus pertinere consueverunt . in cujus t. r. apud westm , 26 die decemb. patents 54. h. 3. m. 24. the king grants to benedict , a iew , that he will not prorogue , release , pardon or extend any debts due unto him for 5 years space , and by his charter confitms a grant of an annuity in see made by two jews alardo de hermigsham et haeredibus suis . in the 55 year of h. 3. i find * two prohibitions to the iustices itinerant in sussex and kent , to hold pleas of the jews in sussex or kent , or concerning iudaismum nostrum , contra legem & consuetudinem iudaismi suprapraedicti . t. r. apud winds . 28 die sept. also * a pardon of all usury and penalties due to jewes by some poore debtors . a grant of 30 l. to one martin out of the debts of jews . a writ of respite of fines not paid by some jews out of meer poverty at the times appointed them , to the justices of the jews * quatenus termiuos suos praedictos taliter admensuretis , quod salvo contenemento suo possint nobis de eo quod aretro est de fine praedicto satisfacere , & etiam tallagio nostro , simul cum aliis iudeis contribuere , & ne per defectum mendicare . t. r. apud westm . 26 die april . some other particulars concerning the fines of iews are in this roll. in the patent rolls of this year , there * are divers releases of the king of the debts , usuries , and penalties due to jews , and confirmations of grants of houses and debts assigned by jews to others , licenses for sundry jews to sell their debts , according to the forementioned ordinance of 53 h. 3. all running in the fame fotm with that already cited ; and a grant to some jews not to pardon respite nor extend their debts . but the more special things therein are these two . first , this license to a jew to dwell where he pleased , amongst any jews , in what burrough of england he listed . * rex omnibus , &c. salutem . sciatis quod ad instantiam edwardi fil . nostri carissimi concedimus aaroni fil . vynes iudeo ; quod in quocunque burgo regni nostri voluerit , ubi alii judei habitant , morari possit pro voluntate sua sine contradictione nostra , vel ballivorum nostrorum quorumcunque . dum tamen tanquam bonus et fidelis judeus se gerat et habeat in eodem . in cujus , &c. t. r. apud winds . 30 die octob. an. 55. next , this morgage of judaisme for payment of 2000 marks to richard king of almain . * rex omnibus , &c. salutem . cum ante recessum cariss . fil . edwardi primogeniti nostri , versus terram sanctam dederimus eidem edw. 6000 marc . de judaismo nosto in subsidium peregrinationis sux , de quibus 6000 marc . 4000 marc . exceptis quibusdam arreragiis solvuntur eidem ; ita quod 2000 marc . et eadem arreragia adhuc sibi reddenda supersunt ; & ipse filius noster moram saciens in terra sancta non mediocriter pecunia indigeat ad expensas suas , propter quod car . fr. & fid . n. ricus . rex alemani : illustris illa 2000 mar . quae aretro . sunt , &c. fil . nostro credidit ad partes nostras . nos eidem rico. pro praedicta curialitate dict . fil . n. facta concessimus , quod ipse vel executores vel assign . sui habeant et teneant judaismum nostrum , et judaeos nostros angliae , a festo sancti michis an. 1271. usque ad festum sancti michis prox . sequent . per unum an. completum pro praed . 2000. marc . dicto fil . n. creditis . ita scil. quod iudei nostri angl. illa 2000 marc . dict . fratri nostro terminis subscriptis solvant infra praedict . an. then. he limits the time for she iews to pay it by several summes . et si pretextu nostro , vel mandatorum nostrorum huic concessioni nostrae contradictorum dictus frater noster fuerit impeditus , quo minus dictam pecuniam dictis terminis levare possit , tunc liceat ei tam diu judaismum nostrum in manu sua tenere , donec super principale debito , et paena praedict . fuerit sibi satisfactum . hanc autem concess . dicto fratri nostro fecimus , salvis nobis & haeredibus nostris placitis , perquisitis , & eschaetis dicti judaismi nostri ad nos pertinentibus de toto tempore praedict . &c. nec volumus quod praedict . frat . n. infra terminum praedict . aliquam faciat pardonationem , quietantiam , vel alienationem de debitis judaismi nostri memorati , nec tempore praedict . aliquod aliud recipiat de judaismo nostro nisi debitum praed . 2000 marc . &c. in cujus , &c t. r. apud westm . 15 die iun. anno 56. h. 3. in the clause roll i find * many licenses to jews to sell their debts , wherein the ordinance of 53 h. 3. is recited , a release and grant of some debts of jewes , and to take the charters of them out of the chest . respites of other debts due to them , pardon of usury to others , and an extent of creditors lands at reasonable rates . but the most material things in this roll are . the * kings assignation of 1000 lib. to prince edward out of the tallage of the jews this year , de quibusdam certis personis praedict . iudeorum percipiendas , some of which having paid their proportion to the prince are thereupon discharged of former sequestrations on them and their estates . and this gift of the jews synagogue in london to the friers penitents in london , whom the jewes with their howlings in it disturbed at their masses , and divine services ; yet licensing them , if they pleased , to build another synagogue in any convenient place that should be elsewhere allotted them . * rex majori & vic. suis london . quia dilecti nobis in christo fratres de paenitentia jesu christi london commorantes per strepitum judeorum confluentium ad ecclesiam suam quae contigua est oratorio dictorum fratrum ibidem , et etiam pro ipsorum judeorum continuam ululatum in eadem schola , juxta ritum suum , impediantur quo minus ea quae ad officium spirituale pertinent exercere possint , circa celebrationem divinorum , et praecipue hora confectionis corporis jesu christi , sicut per testimonium fidelium accepimus . nos ad divina inibi quietius celebranda , volentes predict . impedimentum modis omnibus amoveri , ob salutem animae nostrae , et animarum predecessorum , et haeredum nostrorum , de gratia nostra speciali dedimus et concessimus predictisfratribus & successoribus suis in augmentum mansi sui ibidem , predict . scholam , una cum fundo ejusdem : habend . & tenend . eisdem fratribus & successoribus suis imperpetuum . et ideo vobis mandamus , quod eisdem fratribus de scola illa sicut praedict . est , plenam seisinam sine dilatione habere faciatis . sustinentes quod predicti judei sibi aliam scholam alibi , ubi ad minus nocumentum dictorum fratrum , et ecclesiae suae , et ecclesiarum alirum fieri poterit facere , vel construere possint si voluerint , et sibi viderint expedire . t. r. apud st. edmundum . 6. die sept. there being some few poor jews converted this same yeare , and the revenues of the house of the converts being swallowed up by rich jews not living in it , and the poor converts there like to starve for want of relief , and enforced to begg from door to door ; thereupon the king assigned to a convert jew and his wife , a certain annual pension out of some houses in london belonging to the house of the converts , and issued a commission to inquire of and regulate the abused revenues of the house of converts which he had founded , and to bestow them on the poor jews , &c. as these records at large relate . * rex omnibus , &c. salutem : sciatis quod cum de propriis bonis et elemosinis nostris fundaverimus quandam domum in honore sanctae trin. infra suburbium civitatis nostrae london , ad usus conversorum ab errore judaico usque ad fidem christianam , quosdam redditus nostros ad sustentationem eorundē assignando , concessimus pro nobis et haeredibus nostris , quantum in nobis est , nich. aurifabro london , et matildae uxori ejus conversis , quod ipse nich. singulis septimanis decem denar . et ipsa matilda singulis septimanis octo denar . habeant . et percipiant per manus suas ad sustentationem suam quoad vixerint , de redditibus predictis dictae domus , a nobis assignatis infra civitatem predictam : videlicet , de domibus walteri de vallibus in parochia sanctae wyburge duas marcas : de quatuor shopis ejusdem walteri in parochia sancti matth. de fridaistreet , viginti solidos : de domibus hugonis mothon in parochia de aldermanchirche , viginti solidos , et de tenementis will : bokerell viginti solidos , et quatuor denarios debitis terminis quibus ii●em redditus reddi debent et consueverunt . ita etiam quod quandocunque alter praedict . nich : et matild . diem suum clauserit extremum , porcio predicta ipsum nicholaum seu ipsam matildam contingens ad predictam domum integre revertatur imperpetuum . in cujus &c. teste rege apud westmonasterium 28 die aprilis . * rex dilectis sibi majori london , et magistro johanni de sancto dionisio clerico suo , custodi domus conversorum london , salutem . ex parte pauperum conversorum nostrorum london , nobis et consilio nostro est ostensum , quod tum nihil habeant unde sustentari possint , nec sit , qui eis in aliquo subveniat hostiatim mendicare coguntur , et quasi fame moriuntur ; et cum certos redditus ad sustentationem ipsorum in civitate london et alibi assignari fecerimus , ipsi ex hiis nihil percipiunt , set quidam alii conversi divites alios redditus et possessiones habentes qui etiam non morantur , nec conversantur in domo nostra predicta , redditus ipsos pro magna parte percipiunt , et ad usus suos pro voluntate sua convertunt , quod ulterius sustinere nolumus , nec debemus , maxime cum predictos redditus dictae domui , non pro divitibus set pauperibus et egenis , et ex causa necessitatis fecerimus assignari . volentes igitur premissa in melius reformari : vobis mandamus firmiter injungentes , quod per sacramentum proborum & legalium hominum de civitate & suburbio london diligenter inquiratis , qui sunt redditus et bona predicta ? & quantum valeant per annum ? & quis vel qui ea percipiunt ? & a quibus et qualiter hactenus distributa et dispensata fuerunt ? & quae super premissis corrigenda et reformanda videritis , sine dilatione corrigatis . proviso quod bona et redditus domus predictae prefatis conversis qui magis indigent juxta merita necessitatis ipsorum , decetero assignentur : de aliis etiam quae ad servicium & debitum statum capellae nostrae ibidem , ac domus praedictae in melius reformandum pertinere noscuntur , provideatis in omnibus prout melius et honestius videritis expedire . volumus etiam , quod sicut predicti redditus dictae domui ad sustentationem commorancium in eadem specialiter assignati sunt ; ita etiam ad domum deferantur et distribuantur ibidem , sicut predictum est ; et si quos vobis aut ordinationi vestrae resistentes aut contradicentes inveneritis , eos per sequestrationes porciorum suarum et aliter , prout opus esse vider is , compescatis . t. r. apud wesm . 26 die febr. this year the king granted this ensuing pardon to a jew for selling a pretended debt for which he had no charter , to another ; for which he was committed prisoner to the tower , and for making an escape from thence , without license ; for which pardon he paid a fine to the king. † rex omnibus &c. salutem . sciatis quod cum abraham filius jocei judeus ebor. pro quater viginti et undecim libris argenti , quas thomas de basing civis noster london , versus eum disrationaverat in curia nostra coram iusticiariis nostris ad custodiam judeorum assignatis , eccasione cujusdam debiti in quo idem abraham dixerat will. de dyve , sibi teneri , quod quidem debitum ipse judeus dicto thomae vendidit ; unde nulla carta inter ipsum judeum et predictum wil. in archa nostra potuit inveniri ; per praeceptum justic , eorundem caperetur et infra turrim nostram london detineretur , et eidem abrahamo à quibusdam emulis suis sit impositum , quod ab eadem turri sine licentia custodis sui sive warranto temere recessit ; licet per literas nostras fecissemus eum deliberari , nos per finem duodecim bisanciarum quas predictus abrahamus nobis solvit praemanibus , pardonavimus eidem abrahamo transgressionem quam fecisse dicitur vendendo debitum praedictum sine carta , et etiam transgressionem quam fecisse dicitur recedendo a turri praedicta tempore detentionis suae praedictae . et ideo vobis mandamus quod praedictum abraham occasione transgressionum praedictarum non occasionetis in aliquo vel gravetis . t. r. apud westm . 26 die martii . * this year i find a special licence for a jew to assign his debt , according to the provisions in 53. h. 3. therein mentioned in form above rehearsed . this year the king appointed this special form of manucaption , body for body for the jews then imprisoned in the tower for their tallages , and petitioning to be bailed ; discovering how strictly the king dealt with them in levying their heavy taxes . * rex thes . & baronibus suis de scaccario , salutem . sciatis nos de consilio nostro talem formam manucapt onis iudaeorum incarceratorum apud turrim london providisse , videlicet , quod manucaptores manucapiant ipsos iudeos quos manucapere volunt , habendo corpora praedictorum iudaeorum quos manuceperunt à die sancti johan . baptistae , in 15 dies corpus pro corpore , liberand . constabular : turr. praedictae carceri mancipanda ad voluntatem nostram , donec nobis satisfecerint de tallagiis suis super ipsos assessis , nisi praedicta tallagia solvere velint ad terminos subscriptos ; videlicet medietatem ad quindenam sancti johan . baptist . prox : futur . et aliam medietatem ad festum sancti jacobi apostoli prox . sequent . ita quod si praedecti manucapti praedictam solutionem fecerint ad praedictos terminos , quieti sint praedicti manucaptores . et si in solutione praedicta in toto vel in parte defecerint ad eosdem terminos , et praedicti manucaptores habeant corpora manucapta ad praedictum terminum in forma praedicta . tunc similiter quod sint de manucaptione sua . ita tamen quod praedicti manucapti quicquid prae manibus solverint de praedicto tallagio , vel etiam ad aliquem terminorum praedictorum , nisi totum solverint illud penitus amittant , et nihilominus corpora sua , una cum omnibus catallis et debitis suis nobis incurrantur ad voluntatem nostram inde faciendam ; et si manucaptores corpora manucaepta ad praedictum terminum non liberaverint , nec manucapti tallagium suum solverint , sicut praedictum est ; tunc corpora manucapientium , una cum omnibus catallis et debitis suis incurrantur ad voluntatem nostram inde faciendam sicut praedictum est . in cujus &c. t. r. apud westm . 21 die iunii . in the 57 and last year of king henry the 3. i find * only a special license for a jew to sell his debt to a christian , wherein the ordinance of 53. h. 3. is recited . i have now run through all the most material records of king henry the 3 his long and tedious reign , relating to the jews and their affairs , pretermitting some few only of lesse moment and private concerment in some of the fine , clause , and patent rolls , where those who are not fully satisfied with these already recited may glean them at their leasures . i now proceed to the records in the reigne of king edward the first , omitting all passages of the jewes in the fine rolls of his reign , as of lesse moment , seeing the patent and clause rolls afford us much plenty and variety of matter concerning our english jews affairs , their final banishment out of england , and sale of their houses eascheated by their exile , which records were never yet published to the world in print and are unknown to most men . king henry the 3 deceasing , and his son edward the 1 succeeding him , anno 1272. thereupon he constituted hamon hattayn and robert de ludham justices for the custody of his jews , commanding the treasurer and the barons of the exchequer to deliver to them the keys of the jews chests , together with the rolls , writs , and other things belonging to the jews , as they had formerly done to other justices , by this writ . [a] quia rex constituit hamonem haittayn et robernum de ludham justiciarios suos ad custodiam judaeorum suorum ; mandatum est thesaurario et baronibus de scaccario , quod eisdem hamoni & roberto claves archarum judaismi , una cum rotulis , brevibus , et omnibus aliis judaismum illud contingentibus liberent , prout aliis justiciariis ibidem prius consuevit . dat. per manum w. de merton cancellar . apud westm . 27 die ianuarii . these new justices were constituted not above 5 weeks after kings henries death , and they were , as all their predecessors in that office ( first instituted by king b rich. the 1 anno 1194. ) iusticiarii sui ad custodiam iudaeorum suorum , to shew that the jews were nothing else but the kings own vvards and villaines , and under his custody and protection only as such , to tax and plunder them at his pleasure , as his father and grandfather had done before him . it appears by the liberate of 1 e. 1. m. 1. & 2. that the king allowed 20 marks a year to these justices of the jews for their salary ; and the custody of the rolls and writs of the jews were committed this year to william middleton , as is evident by this record . * cum rex commiserit willielm . de middleton rotulos & brevia iudaismi sui quae sunt in custodia thesaur : & baronum scaccarii , custodiend : quamdiu domino regi placuerit . mandatum est eisdem thesaurario et baronibus , quod eidem will. rotulos & brevia liberent sicut praedictum est . the same year this king in the beginning of his reign caused his peace and protection to be publikely proclaimed , as well to all the jews as others within england , and other his dominions , as this record recites for the jews in bruges in flanders . * rex vicecomiti mall . salutem . cum nuper pacem nostram per totum regnum nostrum publicè proclama●i fecimus , et eam omnibus et singulis de regno nostro tam iudaeis , quam christianis observari praecepimus , & praecipimus quod iudaei nostri de bruges in balliva tua manuteneas , & defendas , ita quod eis pax nostra , prout ejus per totum regnum nostrum proclamari fecimus , inviolabiliter observetur . et non exigas vel exigi permittas ab eisdem redemptiones vel alias extorsiones ad opus nostrum , vel alicujus alterius , nisi quatenus ad debita nostra , seu domini henrici regis patris nostri , seu tallagia , aut alia ad quae de jure tenentur ab eis levanda , ade nostro , aut ejusdem domini henr. patris nostri mandato warrantum habueris . datum &c. apud westm . 15 die iunii . yet notwithstanding this protection and peace granted them by the king , the very same year , the king grants out this writ to search all their chests , to enroll and certifie him of all their debts and estates , that he might tax them all proportionably at his pleasure , as he did soon after . rex dilecto & fideli suo thomae de espernon , * salutem , quia de debitis in archa cirogtafforum winton . oxon. marleberg . & wilton contentis volumus certiorari , vobis mandamus quod ad certum diem quem ad ho● provideritis , ad archas praedictas accedatis , & easdem per visum cirograf . archarum praedictarum , tam christianorum quam judaeorum aperiatis , et omnia debita in eisdem contenta diligenter scrutari et inrotulari faciatis . mandamus enim cirograffariis nostris archarum praedictar : quod ad certum diem quem eis scire faciatis ad hoc faciendum vobis assistant et intendant . in cujus , &c. dat , &c. apud westm . 20 die . feb. consimiles literae diriguntur hamoni hatayn de debitis in archa cirograf . northampt. nottingh . ebor. lincol. stainf . conrents . item consimiles literae diriguntur ade de winton , de debitis in arca cirograf . judaeorum bristoll , oxon , gloucest . wigorn. hereford et warw. contentis . item consimiles literae diriguntur roberto de ludham super hujusmodi debitis contentis in archis cirograff . judaeorum bedef : cantebr . colecester , et sudbury . in all which cities and towns the jews then inhabited , and had common chests , wherein their debts and morgages were reserved . also according to the former custome of the jews in england , not to remove into any town where they did not anciently inhabit , he sent this writ to the barons and bailiffs of winchelse , to remove some jews thence who had taken up their habitation there , without his special license . * rex baronibus & ballivis suis de winchelse salutem . quia secundum consuetudinem iudaismi nostri angliae , in aliis civitatibus burgis aut villis habitare , vel morari non debent , quam in illis in quibus antiquitus habitare consueverunt & morari , & quidem iudaei , ut intelleximus , villam nostram de winchelse sunt ingressi , & eam inhabitent , in quam nullus iudaeus aliquibus retroactis temporibus habitare consuevit , vel morari ; vobis mandamus , quod si verum est , tunc iudaeos ab eadem villa , absque damno de corporibus seu rebus suis eis faciend . sine damno faciatis amoveri . dat. apud westm , 18 die iunii . this king that he might not seem altogether unjust , granted forth a writ to the sheriff of oxford in behalf of one lumbard a jew of oxford taken and imprisoned for a fine of fifty marks imposed on one lumbard a jew of bristol for a trespasse against the kings exchange , ordering him to be bailed , and the mistake examined . * rex vicecom . oxon. salutem . ostensum est nobis ex parte lumbardi de krikelad . judaei nostri oxoniae , quod quum quidam lumbardns judaeus bristol amerciatus esset coram justiciariis domini henr. regis patris nostri ad custodiam judaeorum assignatis ad quinquaginta marcas pro transgressione excambii ejusdem patris nostri , et ipse lumbardus judaeus oxon. de eadem transgressione nunquam calumpniatus , nec de praedicta pecunia oneratus extiterit , tu easdem 50 marcas ab eodem lumb . de oxon. judaeo exigis , et omnia bona sua in balliva tua ea occasione cepisti in manum nostram , et insuper ipsum cepisti , et in prisona nostra oxoniae detines . et quia non est juri consonum , nec est voluntaris nostrae quod ipse lumbardus de oxonia sit in poena pro debitis alterius , unde ipse lumbardus de oxonia penitus est immunis , ut dicitur . tibi praecipimus , quod si ipse lumbardus de oxonia invenerit tibi sufficientem manucaptionem perconsuetudinem judaismi nostri , de veniendo coram justiciariis nostris ad custodiam judaeorum assignatis , a die pascha in 15 dies , ad satisfaciendum nobis de praedictis 50 marcis , nisi ibidem rationabiliter ostenderit , quod non ipse sed alii de dicta pecunia debent onerari , tunc ipsum lumbardum per eandem manucaptionem a prisona qua detinetur , deliberari facias , & omnia bona sua ea occasione capta in manum nostram interim sine distractione , & sine dampno dicti judaei reservari facias . et habeas ibi nomina manucaptorum suorum & hoc breve . datum , &c. apud sanctum paulum london 4 die aprilis , & dat 20 s. pro hoc breve habendo . no sooner had he provided the foresaid justices and guardians for the jews , but he presently imposed new heavy annual taxes and tallages on them , appointing special collectors to levy them and their arrerages upon all their goods , chattels , debts , and to banish and abjure the realm all such jews , together with their wives and children , as were rebellious and refused to pay them , as these ensuing patents of his , in the 2 year of his reign demonstrate . rex dilectis , & sidelibus suis fratri stephano de foleburn , c ade de stratten & willielmo de middleton salutem . sciatis quod assignavimus vos ad omnia arreragia tallagii super judaeos nostros angliae ultimo assessi ad opus nostrum levanda , prout citius & commodius videritis expedire . dante 's vobis potestatem arreragia illa de bonis , catallis , & debitis judaeorum quos dictorum arreragiorum inveneritis detentores , levandi , & nostro nomine adnuandi , nec non & dictos judaeos qui in hac parte rebelles fuerint vel contradictores per exilium & abjurationem regui nostri , si necesse fuerit compellendi , ad dicta arreragia pro porcionibus ipsis inde contingentibus nobis sine difficultate qualibet solvenda . et ideo vobis mandamus quod premissa faciatis in forma praedicta . et si forte vos tres ad hoc intendere non poteritis , duo vestrum praemissa ficut praedictum est , nihilominus exequantur . in cujus , &c. t. rege apud westm . 20 die octobris . [d] rex dilectis et fidelibus suis fratri stephano de foleburn electo waterford , fratri luce de hemmington et willielmo de middleton salutem . sciatis quod assignavimus vos ad omnia arreragia tallagii super iudaeos nostros angliae ultimo assessi ad opus nostrum levanda , prout citius et commodius videritis expedire , dante 's vobis potestatem arreragia illa de bonis , catallis , et debitis judaeorum , quos dictotum arreragiorum inveneritis detentores levandi , et nostro nomine adnuandi ; nec non et dictos judaeos qui in hac parte rebelles fuerint vel contradictores per exilium et abjurationem regni nostri , si necesse fuerit compellendi ad dicta arreragia nobis pro porcionibus ipsis contingentibus , sine difficultate qualibet solvenda . et ideo vobis mandamus quod praemissa faciatis in forma praedicta . et fi aliquis judaeorum illorum ad diem per nos sibi prefixum in solutione porcionis suae defecerit , faciatis ipsum , cum uxore , et pueris suis exceptis puerisillis qui sunt in tallagio , et solverint , exire regnum nostrum angliae , et assignetis ei portum douorum , quod infra tertium diem post diem solutionis suae sibi per nos praefixum , sit ibi exiturus sicut praedictum est , et nunquam rediturus . salvis tamen nobis terris domibus , reddiribus , et omnibus catallis suis et suorum . et si aliquis judaeus post tertium diem sibi assignatum , sicut praedictum est inventus fuerit alibi in regno nostro quam apud douorum , faciatis de eo judicium tanquam de illo qui furtive & propria catalla nostra asportaverit . et si forte vos tres ad hoc intendere non poteritis , duo vestrum praemissa nihilominus exeqauntur . in cujus &c. teste rege apud luton , primo die novembris . by this imposed penal banishment and abjuration of the realm , prescribed by the king in these two pateuts to such rebellious contradictory jews , their wives , & children , as refused to pay the arrears of this last imposed tax , it is more than probable , that their total e and final general banishment and expulsion out of england by the king and his whole parliament in the 18 year of his reign ( 16 years after ) was as compulsory and penal to them as this , and no ways voluntary of themselves , as sir edward cook hath fansied it , against all our records and histories . in the clause roll of this year i find this writ to two of these collectors , for the present levying part of these arrears upon elias a jew of london , and paying it into the wardrobe . [f] rex dilectis & fidelibus suis fratri stephano de foleburn electo de waterford & willrelmo de middleton , ad arrerag . tallag . judaeor . ultimo super eosdem judaeos assesso levanda assignatis , salutem . mandamus vobis quod illas septies viginti marcas quos richardus de tany debet magistro eliae filio magistri mosseo iudaeo london , sine dilatione liberari facias in garderoba nostra , & eas eidem judaeo in dicto tallagio suo allocari facias . teste rege apud westm . 20 die octobris . it is observable , that the first person named as a collector of the arrears of this tax of the jews in all these 3. records , was a frier , and bishop elect of waterford in ireland . how the jews who neglected , refused , or were unable to satisfie their taxes , were handled by these collectors , and imprisoned in the tower of london till they either paid or secured them to the king out of their best debts , these records of the ensuing year will discover . g rex thesaurario et baronibus suis de scaccario salutem . mandamus vobis quod sampsonem filium magistri miles de stanford ; samuelem fil : maneser de lincoln ; vnim . fil . garflye , abrahamum fil . droye de holms , elyam fil . vrssellae de lincoln , et abrahamum fil . samuelis , captos et detentos in prisona nostra turris london pro tallagio suo , deliberari faciatis . ipsos etiam de corporibus suis pacem habere permittatis usque ad quindenam sancti michaelis prox : futur : et praedictorum judaeorum tallagium super eos assessum de clarioribus debitis suis interim levari faciatis . ita quod nisi in quindena praedicta de praedicto tallagio suo ad plenam satisfecerint , ad prisonam nostram praedictam revertantur ; ibidem gratiam nostram expectand : teste rege apud kenynton x. die julii , h mandatum est justiciariis ad custodiam judaeorum assignatis , et willielmo de middleton quod executionem brevium regis quae pro diversis judaeis receperunt super allocationem vel respectum de tallagio super ipsis ultimo assesso habend : per ipsos faciend : supersedeant omnino , nisi aliud eis inde duxerit demandandum . t. r. apud westm . x. die iunii . i rex justiciariis ad custodiam judaeorum assignatis , et willielmo de middleton salutem : monstravit nobis hakus fil : roes de ebor. iudaeus , quod cum ipse nobis de tallagio super ipsum ultimo assesso satisfecerit ad plenū , vos occasione quorundam catallorum sub nomine solomonis fil : isaac dudum defuncti in manu nostra existent : quandam pecuniae summam occasione dicti tallagii exigitis minus juste . et ideo vobis mandamus , quod si nobis constiterit quod catalla praedicta fuerunt in manu nostra die quo dictum tallagium assessum fuerat , et quod dictam pecuniam à praefato hako occasione catallorum illorum et non alia exigatis , et quod nobis de toto tallagio suo praedicto satisfecerit ut praedictum est ; tunc corpus suum ea occasione detentum prout justum fuerit deliberari faciatis . t. r. apud westm . x. die iunii . k rex eisdem et willielmo de middleton , ad tallagium super eosdem iudaeos angliae nuper assessum colligendum deputatis , salutem . mittimus vobis petitionem aaronis crespyn judaei nostri london praesentibus interclusam . vobis mandantes quatenus retentis in manu nostra de clariobus debitis ipsius iudaei in thesaur : nostra existentibus usque ad summam arreragiarum tallagii super eundem iudaeum ultimo assessi , et aliis debitis suis secundum tenorem petitionis praedictae ; tunc debita illa ad opus nostrum levari , et ipsum de dictis arreragiis quietum esse , et residuum catallorum suorum occasione dicti tallagii in thesauraria existentim , sibi liberari faciatis , & corpus suum ea occasione in pace esse permittatis . t. r. apud westm . v. die iunii . l rex justiciariis suis ad custodiam judaeorum assignatis , & will. middleton salutem . quia constat nobis per recordum vestrum quod tertia pars unius debiti triginta librarum sub nominibus ricardi pauncefoot et aaronis le bland iudaei , est debitum urselli fil : isaac iudaei , et quod unum debitum duodecim librarū sub nominibus eorundem ricardi et aaronis , est debitum belye de g●oucest . iudeae , per quod nos pro arreragiis tallagii super praedict . ursellam et belyam ultimo assessi , tertiam partem praedicti debiti triginta librarum , et dictum debitum duodecim librarum cepimus in manum nostram : vobis mandamus quod debita pro arreragiis tallagii praedicti ad opus nostrum levari , et dictos iudaeos de arreragiis dicti tallagii , qua●enus debita illa sufficerent , extunc in pace permittatis . t. r. apud westm . 20 die maii. m rex hammoni hautyn , et roberto ludham justiciariis suis ad custodiam judaeorum assignatis , salutem . quia quibusdam de causis , volumus quod vos de caetero intendatis ad tallagium super iudaeos nostros angliae assessum et arreragia ejusdem levand . vobis mandamus , quod omnes rotulos , cartas , tallias , brevia , starra , et omnia alia praedict : tallagium contingentia quae in custodia dilectorum & fidelium nostrorum fratris luce de hemington & will : de middleton hucusque remanserunt , ab eisdem admittatis , et tallagium illud una cum arreragiis ejusdem , prout magis ad commodum nostrum videritis expedire , una cum praedicto willielmo : quem ad hoc una vobiscum assignavimus , levari faciatis . t. rege apud westmonast . xv. die maii. u rex justiciariis suis ad custodiam iudaeorum assignatis , et fratri luce de hemington , & willielmo de middleton , collectoribus tallagii super quosdam judaeos angliae nuper assessi salutem . compatientes paupertati will. fil . roberti de middleton , qui jospino fil . solomon : de merleberge iudaeo tenetur in diversis debitis , ad quorum solutionem bona sua et catalla non sufficiant , ut accepimus : dedimus eidem willielmo respectum de debitis illis praefato iudaeo rendend : usque ad quindena paschae prox : fut : ita quod penae et vsurae inde cessant usque ad terminum supradictum . et ideo vobis mandamus , quo ●eidem willielmo respectum illum interim habere faciatis in forma praedicta : et terras et tenementa in manum praedicti iudaei occasione debitorum praedictorum capt : replegiari faciatis . t. r. apud windsore 6. die martii . o rex thesaurario et baronibus suis de scaccario , salutem . sciatis quod cum magist●r . elyas fil . mo●aei judaeus noster london nobis in trecentis et quinquaginta marcis pro tallagio ipsum conting ●nte , de tallio super communitatem judaeorum nostrorum anno regni nostri secundo per praeceptum nostrum assesso ●eneatur . et cum mater nostra a. regina angliae eidem elye in tanta pecunia teneatur , ut asserit , et concesserit quod praedict : 350 marcas nobis pro praedicto iudaeo solvit ad scaccarium nostrum praedict . in crastino sancti michaelis prox : futur . vobis ad instantiam ejusdem matris nostrae mandamus , quod praedictum iudaeum de praedictis 350 marcis quietum esse faciatis . t. r. apud windsore 10 die feb. i have recited all these records at large : partly to inform the world , how strict , rigorous , and earnest this king and his officers were in levying their heavy taxes upon the jews , by imprisonment and banishment of their persons , and seising all their charters , debts , obligations , which they were enforced to assign over to the king , for want of ready monies to help discharge their tallages , for which they had some respite given them where they had assigned real debts for to pay them . and partly to acquaint those of the long robe , how little confidence they ought to repose in reverend sir edward cooke his citations of records in his institutes and reports : who from these very * records of rot. pat. 3. e. 1. m. 14 , 17 , 20. ( which he mistakes for claus . 3. e. 1. ) william middleton reddit compotum , ( when as william middleton is not so much as named in these patent rolls , but only in the clause , where he renders no account at all but what you have read ) makes this confident conclusion : ( in his 2 institutes p. 506. upon statutum de iudaismo ) what benefit the crown made before the making of this act appeareth by former records , take * one for many , from the 17 of december in the 50 year of h. 3. until the tuesday in shrovetide the 2. year of edw. 1. which was about 7. years , the crown had four hundred and twenty thousand pounds fifteen shillings and 4 pence , de exitibus iudaismi : at which time the ounce of silver was 20d . and now it is more than treble so much : vvhen as there is not one syllable of this to be found in the patent rolls of 3 , e. 1. he cites in his margin ( which are only licenses to jews to assign their debts ) nor any thing more in the clause rolls of this year that i can find , than what you have already heard , and no such account of middletons de exitibus iudaismi for any set time , much lesse from 50 h. 3. till tuesday in shrovetide , 2 e. 1. as he here fancieth . that which i conceive led sir edward cooke into this mistake , was this note in one of the kalenders in the tower : rex recepit iiij c. iiij millia libr. de exitibus judaismi , ab an 50 h. 3. usque an. 2 e. 1. pat. 4. e. 1. m 12. citing pat. 3. e. 1. m. 14. 17. just before it , with reference only to quod nullus iudaeus vendere debitū possit , nisi regis licentia , which sir edw. misapplied to the following clause ( a grosse oversight : ) when the kalender refers only to pat. 4. e. 1. m. 12. to prove this vast sum levied of the jews from the 50 year of h. the 3. to 2 e. 1. in which membrane and whole roll there is no such thing at all appearing , nor ought relating to the jews taxes or middletons account , as i dare affirm upon my double diligent perusal of that whole roll , neither is there any such acount that i can find in any other record that i have met with in my search . doubtlesse this reverend judge , and great ornament of the law , took many , if not most of his records upon trust , without examination , and so frequently miscites , wrests , or misapplies those he quotes , especially in brief , ( and some he cites at large too ) that those judges , lawyers , and young students , who rely upon him and his quotations as infallible oracles , and deem it a disparagement once to question them , will but deceive both themselves and others , as i have undeniably manifested in his grosse mistakes concerning the statute de iudaismo , and jews banishment out of england in my former demurrer , and in his mistake in this very roll. wherefore i shall advise them all still to try his records and quotations before they trust them , and to practise that rule himself so frequently urgeth , but yet overmuch forgot . tutius est petere fontes quam sectari rivulos , having never met with so many grosse misquotations and mistakes of records in any mans writings , as i have found in his , though otherwise a man of rare abilities in points of law , but no such antiquary , record-man , or historian as the world esteem him ; which i no ways publish to disparage his honourable memory or usefull publications , but to caution all of his profession for whose benefit and information i have published these records ) to take heed they be not ●educed by his venerable authority to imbrace or relyupon his frequent mistakes , misquotations of records and antiquities for undoubted verities . but to return from this necessary digression to my former text. in these patents rolls of 3 e. 1. i find frequent mention of the forcited ordinance of 23 h. 3. ( recorded in the red book of the exchequer ) prohibiting any jews to grant or assign their debts of christians to any christians , without the kings special license first obtained , &c. together with sundry special licenses granted by the king to assign and grant their debts to christians , and ro them to receive such assignments of them . take these few presidents of this kind instead of many other . rex omnibus ad quos , &c. salutem . p cum tempore domini henrici regis patris nostri provisum esset ; quod nullus iud●eus debitum aliquod quod sibi a christiano debebatur vendere posset alicui , nisi prius super hoc ab eodem patre nostro obtentis gratia & licentia . et si quis debitum hujusmodi ex licentia sua ab aliquo judaeo emeret , non plus haberet in eodem quâm ipse pater noster , vel nos haberemus , si debitum illud esset in manu nostra , vel in manu ejusdem patris nostri , vid●licet 〈◊〉 contentam , in carta super hoc confecta , sine vsura . nos mosseo filio jac. de oxon. josceo filio benedic●i & jacobo sablyn de eboraco iudaeis , gratiam facere volentes specialem , dedimus eisdem licentiam vendendi dilecto clerico nostro thomae de gunes quoddam debitum quadraginta & septem librarum in quo thomas de tausterne de eyton et walterus de rodistan eisdem mosseo , josceo et jacobo tenentur per cartas suas . dedimus etiam licentiam eidem thomae emendi debitum illud a judaeis in forma provisionis supra-dictae . in cujus , &c. teste rege apud thame 24 die julii . the like licences were granted the same year in these ifsame form to isaac de prouyns a jew of lincoln , q and to aaron de la rye a jew of london , to sell their respective debts specified in the licences , to r. bishop of bath and vvells ; and to him to buy them , reciting the foresaid ordinance of henry the 3. and in the patent rolls of 4 e. 1. m. 12. and 22. and in diverse other patent rols afterwards in this kings reign , i find sundry licences to other jews to sell their debts therein specified , and to christians to buy them , all running in the very same form , and reciting the foresaid ordinance in the self-same words , which proved very gainfull to the king and his officers , who would not grant such licenses gratis . as the jews could not assign nor dispose of their own debts to others without the kings special license and grace , so the king on the other side could dispose of , respite , and release their debts , inquire of and search after them at his pleasure , and grant them to his own queen , or others , as these records in 3 e. 1. inform us . * rex justiciariis suis ad custodiam judaeorum assignatis salutem , cum nuper concessimus carissimae consorti nostrae alienorae reginae angliae , omnia debita in quibus norman de arsy tenebatur quibuscunque judaeis regni nostri , & vobis mandaverimus quod dicta debita secundum legem & consuetudinem iudaismi nostri levari & praefatae consorti nostrae habere faceretis : ac eadem consors nostra , debita de quibus dictus normannus tenebatur aaroni de la rye , et mossaeo de clare nondum habuerit , ut accepimus . vobis mandamus quod cartas praedictas ab archa cirograph . extrahi , et cum irrotulatae fuerint reponi , et debita illa secundum legem et consuetudinem judaismi praedicti levari , et praefate consorti nostrae habere , et sic fieri et irro●ulari faciatis . itaquod praefa●● consors nostra eisdem cartis commodum suum facere possit , prout magis viderit expedire . teste rege apud westm . 4 die julii . r mandantum est justiciariis ad custodiam judaeorum assignatis , quod scrutatis rotulis de scaccario judaismi nostri , regi sub sigillo suo ejusdem scaccarii sine dilatione constare faciant , quibus & quot debitis willielmus de appledresfeld tenetur in judaismo regis , vel judaeis suis quibuscunque per cartas suas , vel alio modo . et hoc breve remittant t. r. apud bellum locum regis 24 die ianuar. ſ praeceptum est vicecom . suthampt. quod demandam quam de dicto vvillo . de appledresfeld fac . per summonitionem scaccarii regis de judaismo pro debitis quibuscunque regis , vel aliquibus judaeis regis solvend . ponat in respectum usque in tres septimanas , post festum purificationis beatae mariae prox . furtur . teste ut supra . t rex justiciariis ad custodiam judaeorum assignatis salutem . volentes dilecto & fideli nostro . vv. de appledres . gratiam facere specialem ; vobis mandamus quod demandam quam ei facitis per breve nostr . scaccarii nostri de judaismo pro debitis quibuscunque nobis , vel aliquibus judaeis nostris solvendis , ponatis in respectum usque in tres septimanas post festum purif , beatae mariae prox . furtur . ita quod ex tunc de debitis illis respondeat prout de jure & secundum legem judaismi nostri fuerit faciend . t. r. apud bellum locum regis . 25 die ian. these writs fully manifest the manner of proceedings and respects in cases of debts and obligations before the justices appointed for the custody of the jews , in the kings exchequer for the jews . in this 3 year of king edward the 1. were the statutes de iudaismo made and enacted in parliament by the king and nobles , as i u have elsewhere proved at large , not in the 18 year of his reign , as sir * edward cooke very grosly mistakes , which i shall infallibly evidence by these two records in 4 e. 1. ( the very next year after their enacting , which i have formerly touched , and shall here transcribe at large ) expresly citing these very statutes , and awarding execution according to their prescription and words . y rex justiciariis suis ad custodiam judaeorum assignatis salutem . ex parte gamalielis de oxon. judaeo london , nobis est ostensum , quod cum nuper saero de geregrave , per diversas cartas quandam pecuniae summam mutuasset , et idem saerus qui tunc temporis pro libero habebatur servilis conditionis nunc existens , ut dicitur , omnes terras et tenementa sua quae libere dare , vendere potuit & obligare , ad voluntatem suam , post confectionem praedictarum cartarum in tantum vendidit diversis christianis adhuc eadem tenentibus , quod nihil penes ipsum remansit praeter quandam portionem terrae quam nunc tenet in villenagio , et quam vendere nece alicui obligare potuit , per quod dictus judaeus de praedicto debito suo minus juste elongatur . volentes igitur eidem judaeo ad debitnm suum recuperandum , pro ut justum fuerit subvenire , ita quod in hac parte sibi non fiat injnria . vobis mandamus , quod licet sic fuerit , quod dictus saerus terras et ten . quae tempore confectionis praedict . cart. libere tenuit post illud tempus vendidit , & nunc servilis conditionis extiterit , propter hoc non omittatis quin per sacramentum . 12 liberorum & legalium hominum , per quod rei veritas melius sciri poterit , et qui nulla affinitate attingunt praedictum saorum , vel tenentes terras & tenementa praedicta , diligenter inquiri faciatis , quas terras redditus & tenementa dictus saerus habuit tempore confectionis praedictarum cartarum , quae tunc aut postea libere dare , vendere & obligare potuit ad voluntarem suam : & qui praedictas terras , reddit us & tenementa quae sunt vadium praedict . judaei pro praedicto debito nunc tenent , & quantum valeant per annum , & quantum quilibet inde tenet . et tunc inspectis debitis dicti judaei , ad quantum videlicet se extendunt * secundum statuta nostra iudaismi , omnes quos praedictarum terrarum , reddit : et tenementer . quae idem saerus libere 〈…〉 potui● tempore praedicto , ut praedictum est , et quae sunt vadium ipsius j●dai , per praedictam inquisitionem tenentes inveneritis in quorum manibus existant , distringi faciatis ; viz. tam praefatum saerum si aliquam liberam terram teneat , quam alios singulatim , pro portione ipsum de praedicto debito contingen●e eidem judaeo solvend . et si idem saerus aut aliquis christianus de praedictis tenentibus aliquod sta●rum acquietantiae , vel recepti de praedicto judaeo ostendere poterit , illud eidem faciatis allocari . t. r. apnd west . 6. die junii . z rex thesaurario et baronibus suis de scaccario , et vvil●ielmo de middleton salu●em . cùm secundum assisam et * statuta iudaismi nostri , judaei nostri in regno nostro habere debeant a christianis debitoribus medietatem terrarum redituum et catallorum suorum quousque debita sua perceperint , ac willielmus de lascel de oteringham qui gamalieli de oxon judaeo per plures et diversas cartas in centum et quinquaginta libris et amplius tenetur , non habeat terras aut tenementa in quibus distringi possit , nisi viginti libras , quas johannes fil . mart. de oteringham ei debet , et centum solid●s et duodecim quarteria frumenti annui redditus percipiend . à dicto johanne ad terminum vitae ipsius will. volentes praefato iudaeo ad debita sua praedicta recuperanda subvenire , vobis mandamus quod si ita est , tunc praedicto judaeo * secundum statutum praedictum , habere facias medietatem dictarum 20 librarum ; et medietatem dictorum centum solidorum , et 12. quarter : frumenti per annum quousque dictus iudaeus * iuxta statutum nostrum de iudaismo editum debitum suum perceperit antedictum . et nolumus quod praedict . willielmus possit dare , vendere , vel alienare medietatem dictarum 20 librarum , nec medietatem dicti annui redditus quousque dict . debitum praefato judaeo plenarie per solvatur , t. rege apud westm . 14 die maii. in these two memorable records anno 4 e. 1. wee have an expresse recital of the statute de iudaismo no less than 4 several times , not only in words and substance , but by name , by these various stiles . statuta nostra iudaismi , statuta iudaismi nostri ; secundum statutum praedictum ; juxta statutum nostrum de iudaismo editum . therefore beyond all contradiction this statute could not be first made in the 18 year of king edw : the 1. as a sir edw cook most confidently affirms 3. or 4. several times in his slight commentary upon it ( being 14 years after these records , which could not recite and command execution upon it , so long before its making ) but in the 3d. year of his reign , as i have fully evinced elsewhere , both by histories , reasons , and a brief touch of these records ; which mistakes with others forecited , i doubt not but himself would have publiquely retracted had he been living , upon my clear discoveries of them , which i now presume will henceforth mislead no persons since his decease , as they have done most heretofore . this stumbling block of his touching the true date of the statute de iudaismo being removed , i shall proceed to other records of the same year , pertinent to my subject . b rex iusticiariis suis ad custodiam iudaeorum assignatis , salutem . quia accepimus , quod dominus henricus rex pater noster habere solebat in scaccario suo iudaeorum quendam iudaeum intendentem officio escaetariae de tenementis et catallis quae ad ipsum patrem nostrum accidere debent per mortem vel transgressionem iudaeorum , vel quacunque alia ratione . et quod nos nullum iudaeum seu alium habemus nec habuimus post mortem ejusdem patris nostri qui officio praedicto intendat , propter quod damnum non modicum hactenus sustinuimus , ut accepimus . nos indempnitati nostrae prospici volentes in hac parte , assignavimus benedictum de winton iudaeum ad officium praedictum exequendum in forma praedicta . et ideo vobis mandamus , quod accepto ab eodem sacramento corporali , quod fideliter se habebit in officio praedicto quamdiù steterit in eodem , ipsum benedictum ad officium illud admittatis in forma praedicta , t. rege apud westm. xix die iulii . in this record we have both the office , oath and imployment of the kings escheator of the jews expressed to the full , which no histories or law-books mention . in the same roll and membrana there is this ensuing record , reciting the kings authority to release or assign the jews debts at his pleasure , and the tallages imposed on them which were some times satisfied by bills . c rex justiciariis suis ad custodiam judaeorum assignatis salutem . cum celebris memoriae dominus hen : pater noster dudum in recompensationem arreragiorum quae restabant reddenda philippo de arcy de annuo feodo viginti librarum quod à dicto patre nostro dudum recipere consuevit , et quae idem philipp●s dicto patri nostro ex toto remisit , pardonavit eidem philippo quoddam debitum centum librarum quod debuit magistro elye fil . magist . mossei et gamelino judaeis london , et quoddam debitum viginti librar : quod debuit eisdem iudaeis de annuo feodo : et idem pater noster vobis mandavit , quod eundem philippum de praedict : debitis quietum esse et cartas per quas dictis iud●is tenebatur in debitis praedictis ei restitui , et eisdem judaeis in tallagiis suis vel aliis debitis quae dom. patri nostro debuerunt praedicta debita allocari faceretis , sicut per inspectionem rotulorum cancellariae praedict . patris nostri nobis constat , & quaedam pecuniae summa de praedict . feodo vigint . librarum praedict . iudaeis adhuc restat allocanda : vobis mandamus , sicut alias mandavimus , quod eisdem iudaeis id quod adhuc restat allocand : in hac parte in tallagio suo super ipsos assesso tempore nostro , vel in debitis si quae nobis debent , allocatis . t. r. apud estwode 13 die julii . william middleton one of the chief collectors of the jews taxes and arrears in this kings reign , was so imployed in keping the records of the common-pleas this year , that he could not well attend his collectors office , which occasioned these iusuing writs to discharge him from this office , and for others to execute it , and for him to deliver up the keys , writs , and rolls of them and the jews to others imployed therein . d rex dilecto clerico suo wil : de middleton salutem . advertentes quod vos officio custodiae rotulorum nostrorum coram justiciariis nostris de banco taliter estis onerati , quod levationem arreragiorum tallagii judaismi nostri , vel vicessimae nobis concessae commode vacare non potestis , et volentes breve exhonerationis in hac parte providere , vos ab officio levationis arreragiorum praedictorum tenore praesentium duximus absolvend : in cujus , &c. t. r. apud westm : 23 die julii . e rex dilecto clerico suo wil : de middleton salutem . advertentes quod vos ex custodia rotulorum et breuium nostrorum , ac aliorum instrumentorum placit : banci nostri westmon . tangentium , quae vobis custodiend : commissimus taliter estis onerati , quod examinat : collectionis vicessimae nostrae cum dilecto clerico nostro nicolao de castro vel collect : et levat : tallagii nostri judaeorum justiciariis nostris ad custod : judaeorum assignatis , diutius absque dampno vacare non potestis . nos vestri exonerationi volentes in hac parte provideri , vobis mandamus , quod claves quas de praedicta vicessima , et de praedicto tallagio penes vos habetis , liberetis baronibus nostris de scaccario , ut ipsi claves illas aliis , qui de praedictis officiis fideliter se intromittant committere possint , prout ad opus nostrum viderint expedire . in cujus &c. t. rege apud vvestmon . 23 die julii . f manndatum est , vvil : de middleton , quod rotulos & brevia judaismi regis liberet ade de wynton : custodiend : quamdiu regi placuerit . et hoc nuslatenus omittat : in cujus , &c. t. rege apud vvestm . 9 die junii . you have frequently heard before of the publick chests of the jews vvritings and charters , wherein they were all reserved , for the searching of which for several ends either to ascertain the king of their estates , or to deliver up stars and obligations in them that were really satisfied to the parties bound in them , or to search for and take out their particular writings and debts upon every occasion , we have several presidents in sundry rolls , especially in this 4 year of king edward the 1. three whereof i shall only recite . g rex dilectis & fideliibus suis gregorio de rokesly , barthol . de castello , & radulpho de broghton salutem . sciatis quod assignavimus vos ad archas cirograf , judaeorum nostrorum london scrutandas , & ad cartas quas quietas inveneritis & de hoc vobis veraciter constiterit ab eisdem archis extrahendas , & in quadam alia cista per se , & ad alias cartas nomine christianorum bellicatas , & nondum quietatas in alia cista per se , & ad alias cartas in quibus debita clara consistunt , in tertia cista per se reponendas . ita quod cistae illae sigillis vestris sigillentur , et salvo custodiantur donec aliud inde praeciperimus . et ideo vobis mandamus quod praedista faciatis in forma praedicta . in cujus &c. t. r. apud odiham 6 die augnsti . h rex dilectis sibi in christo abbati de colcest . et walt. de essex salutem . sciatis quod assign . vos ad archas cirograf . judaismi nostri colcest . et suthbiry aperiend . et ad scrutand . & examinand cartas ad omnia debita in archis illis inventa , et ad omnia illa irrotulandae , et ad plenum scrutinium inde faciend . et ad omnia ea nobis aperte et distincte sub sigillis vestris referenda . et ideo vobis mandamus quod ad certos dies quos ad hoc provideritis , arch. praedict as aperiatis , et cartas , et omnia debita in eis inventa diligenter scrutemini , et facto scrutinio illo diligenter illa irrotuletis , et archis illis sic secure reclusis , eas sigillis vestris sigilletis , ita quod non aperiantur , donec aliud inde duxerimus ordinandum . proviso insuper , quod nullas cartas extra easdem archas existentes ponatis in easdem , nec aliquas infra easdem archas existentes , ab eisdem extrahatis , vel aliquo modo extrahi permittatis . et si quas ●artas in in anibus cirografforum nostrorum inveneritis extra archas illas , eas per se irro●ulari , et in securo loco reponi facia●is . in cujus rei , &c. t. rege apud turr. lond. 27 die novembr . eodem modo assignatur rogerus de northwode una cum aliquo alio fideli regis quem sibi associaverit ad aperiendas archas cirograf . judaismi regis cantuar. eodem modo assign . robertus de ludham et willus . gerebert . ad aperiendas archas cirograf . judaismi regis vvinton , oxon. et de devisis . eodem modo assign . nicholaus de stapleton et abbas sanctae mariae eborum , ad aperiend . archas cirograf . judaismi regis de ebor. eodem modo assign . prior sanctae katerinae extra lincoln , et robertus de blund . ad aperiendas archas cirograf . judaismi regis lincoln & stainford . eodem modo assign . abbas sancti augustini bristol , et . bartholm . le ieovene constabularius castri de bristol . ad aperiend . archas cirograf . judaismi bristol . eodem modo assignatur bartholomeus de suthleye , una cum aliquo alio fideli , ad aperiend . arch. cirograf . judaismi wigorn. in cujus , &c. teste ut supra . i rex dilecto sibi in christo priori norwici , et dilecto clerico suo vvillielm . de middleton salutem . sciatis quod assignavimus vos ad aperiend . archam cirograf . judaismi nostri norwici , et ad scrutand . et examinand cartas , et omnia debita in illa archa inventa , et omnia debita illa irrotulanda , et ad plenum scrutinium inde faciend . et ad omnia ea nobis distincte et aperte sub sigillis vestris referenda . et ideo vobis mandamus , quod ad certum diem quem ad hoc provideatis , archam illam aperiatis , et cartas , & omnia debita in eadem inventa diligenter scutemini , et facto scrutinio illo , praemissa omnia irrotuletis , et archa illa secure reclusa , eam sigillis vestris sigilletis . ita quod non aperiatur donec aliud inde duxerimus ordinandum . proviso , quod nullas cartas extra eandem archam existentes ponatis in eandem , nec aliquas ibidem inventas ab eadem extrahatis vel aliquo modo extrahi permittatis . et si quas cartas in manibus cirograf . nostrorum extra archam illam inveneritis eas per se irrotulari , et in securo loco reponi faciatis . in cujus , &c. apud turr. london . 24 die novembris . eodem modo assignatur walt. de helynn una cum aliquo alio fideli regis quem sibi assignaverit ad aperiendas archas cirograf . judaismi regis hereford et gloucester . eodem modo assignatur iohannis wigorn. et roger de evesham ad aperiend . arch. cirograf . judaismi regis exon. et ad scrutand . ut supra . eodem modo assignatur hugo de stapleford , una cum aliquo alio fideli regis , quem sibi associau . ad aperiendas archas cirograf . judaismi regis huntindon , bedford , northampt. & oxon. eodem modo assignatur prior de london et willielmus de stirkeslegh . ad aperiend . archas cirograf . judaismi regis . lincoln et stainford . in cujus , &c. tese ut supra . i have rehearsed all these patents and commissions at large , because they vary some thing from each other in form , prescribe general and universal searches of the jews common chests and writings , and manifest , how and where they were dispersed into most of the chief cities and towns of england , and where they had chests , more exactly then most other records . this year there falling out some difference between the jews and the sheriff of oxford who had the custody and regulation of the oxford jews , thereupon at the jews procurement there issued forth this patent to the mayor and bayliffs of oxford to keep the peace between the sheriff and them , and to have the protection and government of them till the next parliament . k rex majori ad ballivis suis oxon. salutem . cum ad occasionem turbationis inter vici : nostrum oxon. & judaeos nostros ejusdem villae jam exortae , sicut dicitur tollendam , et ad pacem in judaismo nostro , ibidem quietius conservandam , assignavimus vos ad custod . judaeorum nostrorum ejusdem villae usque ad parliament . nostrum post instans fest : sancti michaelis : vobis mandamus qnod sicut de vestra diligentia et fidelitate specialiter confidimus custodiae illi diligenter intendatis . ita quod pax nostra in iudaismo praedicto , et in aliis quae statum ipsorum judaeorum in eisdem partibus tangunt , vestro mediante ●nvamime et consilo bene et inviolabiter conservetur . mandavimus enim vicecomiti nostro praedicto quod ad informationem status ipsorum iudaeorum non praesumat aliquid attemptare , nec de eisdem in aliquo interim se intromittat . in cujus , &c. teste rege apud windsore 31 die julii . king edward the 1. in the 5 year of his reign appointed commissioners to impose a tax upon all the commonalty of the jews throughout england , whose names and authority are thus expressed in a commission granted to them for this end . * rex dilectis et fidelibus suis ioh. de cobham , et phil. de wileby et wil. de middl. salutem . sciatis quod dedimus vobis potestatem obligandi universos et singulos judaeos regni nostri , secundum quod vos vel duo vestrum videritis expedire . et ideo vobis mandamus quod vos omnes , vel duo vestrum , omnes predictos judaeos tallietis , secundum quod ad opus nostrum melius videritis expedire . in cujus , &c. t. r. apud windsore , 30 die maii. hereupon all the jews were summoned from all parts up to london to be taxed , and thereupon all inquisitions against them during their attendance there upon this occasion & afterwards were suspended , unless by special command of the king or his justices for the iews , or these commissioners , and those to be made both by christians and iews , as was anciently accustomed , as this writ doth evidence , issued soon after . * rex vicecomiti oxon. cum assignavimus quosdam fideles nostros london , ad tallagium super communitatem judaeorum nostrorū angliae assidend : per quod oportet iudaeos nostros oxon ibidem interesse ad mandatū fidelium nostrorū praedictorum . tibi praecipimus quod inquisitiones aliquas super dictos iudaeos dum ibidem fuerint , vel postquam inde redierint non facias , sine mandaeto nostro , vel dictorum fidelium nostrorum , seu etiam iusticiariorum nostrorum ad custod : iudaeorum assignat : & hoc per christianos & iudaeos sicut temporibus aliorum vicecom . ibidem fieri consuevit . t. rege apud beckell , 22 die iunii . these incessant heavy annual taxes arbitrarily assessed on the jews without intermission by aegyptian taxmasters so impoverished many of them , that they were unable to pay them , and thereupon all their goods and debts , were seized to satisfie them , so far as they would reach , leaving them only a bare subsistance , & the residue respited to be annually paid ; as this record informs us . * rex insticiariis suis ad custod . iudaeorum assignatis salutem . quia ex testimonio fide dignorum accepimus , quod mosseus de clare iudaeus , tam pro tallagio nostro super ipsum assesso , quam pro aliis debitis quae nobis solvit post adventum nostrum in angliam , non sufficit ad residua debita in quibus nobis adhuc tenetur , tam de tempore domini regis henrici patris nostri , quam nostro , nobis ad praesens solvend : vobis mandamus , quod scrutatis rotulis de iudaismo nostr● de debitis in quibus nobis tenetur ad scacc : judaismi nostri praedicti , de debitis suis usque ad summam praedictum debitorum ad opus nostrum in recompensationem eorundem capiati● vel sibi juxta quantitatem catallorum suorum in archa cirografforum iudaeorum exeuntem rationabiles terminos ad quos d●bita illa solvere possit ; salva sibi et familiae suae sustentatione sua assignari faciatis , et catalla sua ea occasione in manum nostram capta sibi interim restituifaciatis . test●meipso apud vvindsore 28 die maii. if the rich wealthy jews in foreign parts have a desire to be impoverished and fleeced of all their wealth by uncessant arbitrary annual taxes imposed on them at the assessors pleasures , let them now come into england for that purpose , where they shall find persons more skilfull and powerfull to tax and excise them now every moneth or two , then those who taxed these their ancestors only once a year , till they have scarce a subsistence left them . the jews usury being totally suppressed to please the christians by the statute de judaismo , the king to enable them to pay their taxes , and subsist , granted general licenses to them to exercise merchandizing according to that * statute , as this record demonstrates . * rex omnibus ad quos , &c. salutem . cum propter inhibitionem quam ad commoditatem christianorum de usuris & poenis judaismi nostri nuper fieri fecimus . concessimus , quod judaei regni nostri merchandi●as legales exercere valeant in eodem regno iuxta formam statuti inde de consilio nostro provis● . volumus & concedimus , quod magister elyas , 〈◊〉 . magistri mossei , cresseus fil . ejusdem elie , & aaron fil . vynes judaei nostri london , hujusmodi merchandisas exerceant in regno praedicto ; et quod debitores suos qui eisdem judaeis per scripta vel alio modo legitime obligati fuerint , ad mercandisas , et alia quae eis rationabiliter debuerint soluenda per jnsticiarios ad custod : judaeorum assignatos distringantur , secundum legem & consuetudinem regni nostri . in cujus , &c. t. r. apud windsore 30 die maii. by this record of 5 e. 1. it is most apparent , that the statute de iudaismo , prohibiting usury to the jews , and enabling them to exercise merchandise , was not made in 18 e. 1. as is erroniously affirmed by sir edward cook being 13 years after this patent , which twice precisely mentions it , in these words , inhibitionem quam , &c. nuper fieri fecimus ; and juxta formam statuti inde de consilio nostro prouisi : but in the 3 year of his reigne , scarce two years before it : as i have here formerly manifested by two other records in 4 e. 1. the very next year after it . and it is likewise evident by this record , that the banishment of the jews usury out of england by this statute , did not cause them voluntarily ro banish themselves out of england , as he grosly asserts , since they continued here 15 years after , notwithstanding all their usury was suppressed . in this last patent the king seemes to speak to the jews with iacobs voice , but in the very first patent concerning them the next year after he discovers his esau's hands , imposing an heavy taxe upon their decayed estates with greatest rigor in the exacting of ir , witness this memorable commission to their aegyptian task-masters , which i fear some now of late do imitate , even towards their english christian brethren . * rex dilectis & fidel : suis fratri josepho de chancy priori hospit . sancti johannis jerusalem in anglia ; waltero de helynn , johanni de cobham , & philippo de willeby salutem . sciatis quod assignavimus vos ad assidendum quoddam tallagium super communitatem iudaeorum nostrorum ad opus nostrum , quàm citius et commodius videritis expedire , et prout vobis in●unximus viva voce . dante 's vobis potestatem praedictum tallagium de bonis , catallis , et debitis praedictorum judaeorum levandi , et nomine nostro adnuandi : nec non et hujusmodi iudaeos , qui in hac parte rebelles fuerint per exilium et abjurationem regni , si necesse fuerit compellendi ad dictum tallagium , pro proportionibus ipsos contingentibus nobis fine difficultate qualibet persolven● . et ideo vobis mandamus quod praemissa faciatis informa praedicta . teste rege apud windsore 15 die iulii . et mandatum est universis et singulis iudaeis infra regnum angliae constitutis quod eisdem josepho , waltero , johanni , et philippo in praemissis intendentes sint , et respondentes in forma praedicta . in cujus , &c. teste ●t supra . we may perceive by this commission how intollerably the poor jews were taxed and fleeced by the kings tax-masters every year , and what rigorous penalties and assessments were extorted from them ; yet neither these heavy , uncessant annual tallages , nor the banishment of their usury by the forementioned statute would expel or force them hence , before a direct edict of parliament and proclamation for their exile by a set day , under pain of hanging ( some years after this enjoyned banishment and abjuration to such as refused to pay this tallage ) ferretted them all ou● of england . in the 7th year of king edward the first , i find this memorable writ , proclamation and edict of his to his justices , for the inhibiting and punishing the blasphemies of the jews ( then frequent ) against christ crucified , and the faith of christ jesus , with loss of life and member , with other strict orders for preventing their apostacyes and propagation of their jewish rites , and all communion betwixt them and christians , worthy our special observation . l rex dilectis 〈◊〉 fidelibus suis stephano de pentecester , vvaltero de helynn , & johanni de cobham iusticiariis suis ad placita transgressionum monetae audienda et terminanda assignatis , et dilecto clerico suo philippo de vvylegheby salutem . quia datum est nobis intelligi , quod quidam judaei regni nostri fidem catholicam et sacra ecclesiastica hactenus diversimode blasphemare non formidarunt , nec adhuc formidant , in divini nominis contumeliam , et totius christianae profefsionis opprobrium . nos hujusmodi blasphemias sicut principem catholicum decet reprimi cupientes ; volumus , quod nullus iudaeus taliter de caetero blasphemare praesumat : videlicet , aliquod erronenm , detestabile aut abhominabile dicendo vel faciendo in blasphemia crucifixi , fidei catholicae , seu beatissimae matris mariae virginis , seu ecclesiasticorum sacramentorum . volumus etiam , quod hoc per omnia loca regni nostri in quibus iudaei morantur publice proclamatur : et ne aliquis iudaeus sub periculo vitae et membrorum talia facere vel dicere praesumat . et si quis notorius blasphemat or inveniatur , ita quod per inquisitionem per sacramentum christianorum bonorum et graviorum inde convinci possit evidenter ; volumus quod quilibet talis puniretur secundum quod in hujusmodi casibus alias fieri consuevit . idem fiat de ipsis qui aliquando ad fidem catholicam conversi , baptisati fuerunt , et postmodum ad iudaicam pravitatem perversi , ab eadem fide apostatare praesump●erint . volumus etiam quod mulieres iudeae de caetero portant signa in superiori veste sicut iudaei mares . et quod iud●i de caetero nullos habeant servientes christianos mares aut foeminas secum in quibuscunque obsequi●s commorantes , nec in domibus propriis , nec aliis in civitatibus , aut locis allis ubi morantur , set ipsi iudaei sibi invicem in omnibus sibi serviant et ministrent : et hoc ubique precipiatur tam christianis quam iudaeis sub gravi forisfactura nostra . volumus etiam quod omnes christiani qui pignora sua inter bona iudaeorum dampnatorum inventa redimere voluerint , hujusmode pignora per testes fideles et bone famae probent esse sua , et ea per certa signa et indicia describant , & hujusmodi testibus eatenus credatur quatenus ipsis majoris vel minoris famae esse constiterit . et si fortè pignora illa sua esse per testes probare non possint , eo quod testes defuncti vel absentes sunt , ita quod eos habere non possint , vel quia secrete et absque testimonio impignorata fuerunt , tunc ad pignora illa recuperanda sufficiat tantummodo sacramentum ipsorum , quorum illa existunt , dum tamen pignora illa certis signis et indiciis describant sicut praedictum est . et hoc propter lapsum anni a tempore impignorationis hujusmodi nullatenus omi●tatur . volumus insuper , quod omnes illi qui per testes fide dignos probare possint debita sua pro snis pignoribus persolvisse , et pignora illa propter certam aliquam rationem per ipsos coram vobis ostendam , aut propter maliciam ipsorum iudaeorum ab eisdem iudaeis non recipisse , ad iteratam solutionem debitorum illorum faciendam nullatenus compellantur , & testibus illis credatur juxta famam personarum , additis testibus aliis si necesse fuerit juxta discretionem vestram . de libris autem apud oxon impignoratis volumus quod nullum fiat judicium usque ad festum omnium sanctorum prox : futurum . volumus etiam quod per civitates , burgos , villas mercatorias et alias publice proclametur , ne quis bona iudaeorum dampnatorū , seu dam●nandorū recipiat , seu jam recepta celet vel occultet , sedea nobis restituet citra fest : beati petri ad vincula prox : futur : alioquin nos versus ipsos tanquam ad caelatores et occultatores thesauri regni graviter capiemus . et ideo vobis mandamus quod omnia praedicta fieri et firmiter observari faciatis in forma praedicta . t. rege apud westmon . x. die maii. consimiles literae diriguntur . barth : de sutlegh , will : de beof , & ade de boteler , & ioh : de fauconer . consimiles literae breve diriguntur . ioh. beks , alex : de kirketon , & ranulpho de dacre , & hugoni de kendale . in this 7th year of king edw. the 1. ( as our historians m elsewhere cited record ) there was a parliament held at london , principally to inquire after the great clipping and falsifying of the kings coin , and prevent it for the future ; during this parliament most of the jews throughout england were apprehended , and hundreds of them by several inquests , found guilty before the justices ( mentioned in these vvrits ) specially appointed for that end , for clipping counterfeiting , and corrupting the kings money , whereof 294 jews in london alone were convicted and soon after executed , and multitudes more of them in other places throughout the realm ; which occasioned these vvrits and proclamations ( made most probably by advice of the parliament , and approved by it , ) to be issued forth and put in execution for the just punishment of the blasphemous jewish malefactors , and better discovery of their concealed confiscated estates for the kings greater advantage and likewise for relief of such sub●ects who had any pawns or goods in the then condemned iews possession . as those iews who were legally convicted for clipping and corrupting the kings coyne , were executed for it in all places ; so many more of them were accused , imprisoned for the same crime , much oppressed , maligned generally by the people , and inforced to make fines and ransomes to the king , and the houses and estates of those who were executed sold & strickt inquiry made after all concealments of their estates , as the last , & these ensuing records will at large inform us , far better than any of our historians . i shall begin with that which is most large . * rex dilectis , et fidelibus suis stephano de pentecester , waltero de helynn , et ioh. de cobham justiciariis ad placita transgressionis monerae audienda , salutem . quia omnes judaei nuper rectati , et per certam suspicionem indictate de retonsura monetae nostrae , & inde convicti cum ultimo supplicio puniuntur ; & quidam eorum eadem occasione , omnia bona et catalla sua satisfecerunt , et in prisona nostra liberantur , in eadem ad voluntatem nostram detinendi . et cum accepimus quod plures christiani ob odium judaeor . propter discrepantiam fidei christianae , et ritus judaeorum , et diversa gravamina per ipsos judaeos christianis hactenus illata , quosdam judaeos nondum rectatos in indictatos de transgressione monetae , per leves et voluntarias accusationes accusare et indictare de die in diem nituntur , et proponunt , impouentes eis ad terrorem ipsorum , quod de hujusmodi transgressione culpabiles existunt super ipsos judaeos faciendae et sic per minas hujusmodi accusationis , ipsis iudaeos metu incutiant , et pecuniam extorqueant ab eisdem ; ita quod ipsi judaei super hoc ad legem suam saepe ponuntur in vitae suae periculum manifestum . volumus quod omnes iudaei qui ante primum diem maii proxim . praeterir . indictati , vel per certam suspicionem rectati non fuerunt de transgressione monetae predictae , et qui facere voluerint finem juxta discretionem vestram , ad opus nostrum facere pro sic , quod non occasionentur , de hujusmodi transgressionibus factis ante primum diem maii propter novas accusationes christianorum post eundem diem inde factas non molestentur , sed pacem inde habeant in futurum . proviso , quod iudaei indictati , vel per certam suspicionem rectati de hujusmodi transgressione ante praedictum diem maii , judicium subeant coram vobis , juxta formam prius inde ordinatam & provisam . et ideo vobis mandamus , quod fines hujusmodi capiatis , et praemissa fieri , et observari faciatis in forma praedicta . teste rege apud cantuar. 8 die maii. consimiles literae diriguntur barthol . de sulley et sociis suis justiciar . ut supra . t. rege , ut supra . consimiles literae diriguntur iohan. beks et sociis suis iusticiariis , ut supra , t. rege , ut supra . * rex dilect . et fidel . suis stephano de pentecester , walt. de helynn , & ioh. de cobham justiciar . ad placita monetae audiend . et terminand . assignatis salutem , quia omnes judaei nuper rectati , et per certam suspicionem indictati , de retonsura monetae nostrae et inde convicti , cum ultimo supplicio puniuntur , et quidam eorum eadem occasione , omnia bona et catalla sua forisfecerunt , et in prisona nostra liberantur , in eadem ad voluntatem nostram detinendi . volumus quod omnes illi judaei qui bona et catalla sua forisfecerunt ut praedict . est , et qui in prisona nostra ea occasione detinentur , et qui pro deliberatione corporum suorum finem facere voluerint vobiscum ad opus nostrum , hujusmodi finem juxta vestram discretionem facere possint . et quod mulieres judeae , quae fuerunt uxores judaeorum dampnatorum , et etiam uxores judaeorum , quorum bona et catal . forisfact . sunt , et quae habent unde redimi possunt , similit , fin . facere possunt vobisc . ad opus nostr . juxta discretionem vestram , et juxta quantit . bonorum quae viri ●ui habuerunt , et quae nondum inventa , et per eosdem judaeos occulte deponantur ; et sic per hujusmodi finem a prisona , qua occasione praedict . detinentur . deliberari . ita quod judeae pauperes quae fuerunt uxores hujusmodi dampnat , judeorum , et similiter uxores judaeorum quae bona et catalla sua forisfecerunt , et quae non habent unde redimi possunt , per vos absque redemptione deliberentur a prisona . volumus insuper et mandamus , quod citra festum sancti ioh. baptistae de terris et tenementis judaeorum hujusmodi quae sunt escaeta nostra , diligenter inquiratis in quibuscunque locis existent , et pro quanto vendi possint , et quis plus dare velit pro eisdem , et nobis precium inde citius persolvere . ita quod inde infra terminum praedict . ad plenam nos cerciorare possitis . et ideo vobis mandamus quod fines hujusmodi a dictis judaeis tam masculis quam femellis , et omnia praemissa faciatis in forma praedicta . test . rege ut supra . consimiles literae diriguntur iohan. beks , et sociis suis justiciariis ut supra , t. r. ut supra . consimiles literae diriguntur . barthol . de suleye et sociis suis justiciar . ut supra . t. r. ut supra . besides these patents to the justices , the king then issued forth special patents and commissions to divers others , to sell the houses and tenements of the coudemned and hanged jews for his best advantage in this form . * rex omnibus , &c. salutem . sciatis quod dedimus potestatem dilectis et fidel . nostris thomae de sodyngton , hugoni de lendale , et majori eborum , ad domos nostras quae sunt escaeta nostra in civitate eborum et extra , per feloniam quorundam judaeorum ibid. et alibi nuper suspensorum , et tenementa quorundam aliorum judaeorum qui se in patriam ponere renuerunt vendendi , et homines inde feoffandi , prout ad opus nostrum magis viderint expedire . dedimus etiam potestatem dilecto et fideli nostro hamoni hauteyn praedict . hugoni et thomae fil . roberti ad hujusmodi domos in civitate lincoln , et extra vendendi in forma praedicta . dedimus etiam potestatem eisdem hamori , hugoni , & gilberto de cestreton ad hujusmodi domos in villa stanford , et extra vendendi in forma praedicta . dedimus etiam potestatem eisdem hamoni , hugoni , & vicecomiti warw. ad hujusmodi domos in villa warw. et extra vendendi in forma praedicta . ratum habituri et firmum quicquid praedicti fideles nostri , vel duo eorum in singulis comitatibus & villis praedictis nomine nostro duxerint faciendum . nos enim factum eorum in hac parte per literas nostras patentes ratificabimus . in cujus &c. t. rege apud westm . 17 die novemb. the like letters patents and commission were then issued forth to others , to sell the condemned and executed jews houses , lands , rents in other places . * rex dilecto & fideli suo willielmo de braybeof salutem : sciatis quod dedimus vobis potestatem vendendi omnes terras et redditus judaeorum dampnatorum pro transgressionibus sibi impositis in locis in quibus vos ad inquirendum de hujusmodi transgressionibus assignati estis , prout vobis injunximus viva voce , et prout ad opus nostrum magis videbitur vobis expedire . et ideo vobis mandamus , quod hujusmodi domos , terras , et redditus judaeorum sic dampnatorum vendatis in forma praedicta : ita quod de exitibus venditionis illius nobis respondere possetis ad mandatum nostrum . in cujus , &c. t. rege apud brehul : 1 die aug. when the jews had all made fines and ransoms for their trespasses with the kings justices and commissioners as aforesaid ; then he sent forth a proclamation that they might freely exercise their lawfull trades , merchandizes with christians and one another as formerly , and buy victuals , with other necessaries , and have such communion with christians as they were wont ; prohibiting any to lay violent hands upon or molest them , as this record ( with others of the like nature to other sheriffs ) attests . * mandatum est vicecomiti eborum , quod in pleno comitatu eborum , et in civitate praedicta publice proclamari faciat , quod judaei ibidem de rebus et mercandisis licitis cum omnibus tam christianis quam judaeis libere negociari possint , et victualia , & alia necessaria ab omnibus emere , et inter christianos conversari , prout premissa facere consueverunt temporibus retroactis . firtuiter etiam inhiberi f●cias , ne qui in eos manus violentas injiciant , vel alias eis malefaciant contra pacem regis . king ●●w●rd the 1. in the 8. year of his reign issued forth these letters pa●ents following for the sale of all the condemned jews houses lands , and tenements in london , and 14 other several counties named in them , in all which they had lands , tenements and possessions 〈…〉 small value . * 〈…〉 ad quos , &c. salutem . sciatis quod dedi●●us potesta●em pro vobis & haeredibus nostris , dilecto & 〈◊〉 nostro waltero de 〈◊〉 vendendi nomine nostro 〈◊〉 domos , terras & tenementa cum pertinentiis , quae fuerunt quo umcunque iudaeorum , quae ad manum nostram tanquam escaeta nostra per fo●isfactur am eorundem occasione transgressionum monetam nostram tangentiū devenerunt : videlicet in civitate london , & comitatibus middle . sussex , surr. kanc ' essex . hertf. norf. suff. cantuar. hunt. bucks . bedf. oxon. & berks. ita quod ipsi qui ea emerint à praefato waltero ea habeant et teneant sibi et haeredibus suis in perpetuum . in cujus , &c. t. rege apud windsore , 28 die novombris . as the king sold the houses of these condemned jews , so he likewise took into his hands the debts of the other jews to satisfie their debts due unto him for their taxes , which he levied to his own use , and then allowed them for their arrears . * rex thesaurar . & baronibus suis de scaccario , salutem , sciatis quod cum nuper capi fecerimus in manum nostram quoddam debitum quinquaginta marcarum in quo robertus de percy per cartam suam in archa cyrographar : apud ebor : existenti tenebatur bonamy de ebor : iudaeo : et quod levari precipimus ad opus nos●rum : concessimus eidem iudeo , quod si praedict . debitum ad opus nostrum levatum fuerit , vel in manum nostram captum , sicut praedict : est . idem iudaeus pro dicto debito 50 marcarum in recompensationem habeat de 40 marcis in veteribus arreragiis , tallagiis & aliis debitis quae nobis debet ad scaccarum praedictum . et ideo vobis mandamus , quod si ita est , tunc eidem iudaeo in hujusmodi veteribus arreragiis , tallagiis , & aliis debitis quae nobis debet ad idem scaccarium allocationem de praedic●is 40 marcis habere faciatis in recompensatione praedicti debiti 50 ma●carum sicut praedictum est . t. r. a●ud vvestm . 13 die novemb. by which the king got x. marks clear from this jew , over and above his pretended debt and arrear for which this debt was seized and levied . king edward in the 8. year of his reign at the supplication of the friers predican●s in england , who desired to preach unto the obstinate jews , thereby to convert them to the christian faith , and turn them from their antient errors , blindness and unbelief , procured this notable ensuing writ and patent to all his ●heriffs , bayliffs and other leige people , commanding them to induce the jews in all places to resort unto and hear their preaching , without blasphemy or disturbance , at such times and places as these friers predicants should direct , &c. u rex vicecomitibus et omnibus ballivis & fidelibus suis salutem . cum d●lecti nobis in christo fratres de ordine praedicatorum in anglia , judaeis , quorum montes vetustas erroris et perfidiae obnubulat et obcaecat , praedica●e proponunt verbum dei , quo facilius interveniente gratia spiritus sancti , ad fidei catholicae converti valeant unitatē ; & ob hoc dilectus nobis in christo , prior provincialis ejusdem ordine nobis supplicaverit , ut vobis demus in mandatis , quod omnes iudaeos ubicunque locorum in ballivis vestris conversantes efficaciter moneatis et inducatis , quod in locis ubi vobis de consilio fratrnm ipsorum magis expedire videbitur , ad audiendum verbum dei conveniant , et illus ad eisdem fratribus absq tumultu , contentione , vel blasphemia , audiant diligenter & benigne . et si forte altissimus velamen duritiae a cordibus eorum auferens aliquibus vel alicui ipsorum iudaeorum gratiam dederit convertendi , quod caeteri iudaei eis super hoc non impediant , nec per alios impediri procurent . nos praedi●●um proposit●m ipsorum ●ratrum attendentes pium et salubre , et precibus predicti prioris favorabiliter annuentes in hac parte , vobis mandamus , quod omnes iudaeos in ballivis vestris conversantes , ad praemissa facienda efficaciter moneatis , et eos ad hoc modis quibus melius sciveritis inducatis , prout unicuique vestrum inspiraverit spiritus veritatis . in cujus , &c. quamdiu regi placuerat duratur . teste rege apud winton . 2 die jan. what good effects this zealous , pious project of the friers preachers , and patents of the king in pursuit thereof produced in converting any considerable number of the jews to the catholick faith , i find not mentioned in histories or record , but their universal banishment hence 8. years after , x principally for their infidelity , sufficiently manifests , that all the endeavours then used for their conversion , by drawing them to these preachers sermons , and the provisions made by the king for the converts support hereafter specified , were very successlesse . wherefore those zealots and enthusiasts who so earnestly plead and write for their readmission amongst us now , upon the future probability of their conversion by their powerfull preaching to , and exemplary conversation amongst them , are like to find no better successe than these preaching friers then did , and other eminenter divines than themselves , of late years , and now , do find in foraign parts where the jews reside : where they may do well now to try what good they can do by preaching and conversing with them abroad , before they practise upon them at home , as these predicants friers formerly did without any such successe as they expected . king edward the 1 , to promote the jews conversion , and for their better maintenance & corroboration when converted to christianity , did this very year by two several patents grant , that whereas all the estates and goos of the jews converted to christianity did of right and custome become forfeited to the crown , that from thencforth the jews should injoy the moity of them for their own sustenance , & that the other moity of them should accrew to the house of the converts , for the better sustentation of the converts there ; and further granted the moity of all the forfeited estates of the jews that should any ways accrue unto him , and all deodands to be distributed in almes amongst the converts , and imployed towards the maintenance and repair of the society and house of the converts ( now the rolls ) erected by his father , as these two patents of his this year most fully relate . p rex thesaurario , et baronibus suis de scaccario , salutem , quia ad augmentum fidei , et cultus nominis christiani conversionem judaicae pravitatis ad fidem catholicam potissime credimus operari , nos ut illi qui jam a caecitate hujusmodi ad lucem ecclesiae sunt conversi , in ipsa fidei firmitate roborarentur , et alii qui adhuc in errore illo persistunt , libentius et promptius ad gratiam fidei de caetero convertant ; disposuimus auctore domino de ipsorum sustentatione salubriter providere . licet igitur omnia bona et catalla judaeorum quae convertuntur ad fidem , ad nos plenarie de jure et consuetudine pertinent , volentes tamen eis postquam filii et fideles ecclesiae sunt effecti , dei intuitu gratiam facere specialem , medietatem valoris omnium bonorum suorum ubicunque in regno nostro ad sustentationem suam concedimus de dono nostro ; aliam autem medietatem bonor . hujusm . bona etiam et catal. judaeor . ex nunc quacunque occasione dampnandorum , una cum bonis et catallis , quorumcunque judaeorum quae ex quacunque ratione nobis forisfieri contigerit , nec non et elemosinam nostram quae deodanda vocatur ( post tempus concessionis nostrae fratribus predicatoribus de elemosina illa facta ) una cum * chevagio judaeorum nostrorum angliae , quae omnia colligi , et deferri volumus ad scaccarium nostrum , ad sustentationem conversorum et convertendorum qui honestae conversationis extiterint usque ad septennium completum duximus deputanda , eisdem per vos et custodem principalem domus praedictae plenarie assignanda . et quia cura domus praedictae aliquo viro discreto , qui continue resideat , et negociis dictae domus personaliter intendat , indigere dignoscitur , volumus , quod ad curam hujusmodi aliquis presbyter idoneus et discretus dicti custodis arbitrio deputetur , qui capellae nostrae ibidem , cum uno socio presbytero honesto converso , seu , alio et clerico seu clericis fibi necessariis personaliter deserviat ibidem continue residendo , qui redditus praedictae domus collegat , bona etiam et catalla , una cum commemoratis elemosina et chevagio ad dictum scaccarium recipiat , et hujusmodi conversis et convertendis prociones suas distribuat , et gerat negotia dictae domus in omnibus tam infra quam extra de consilio custodis praedict . illi autem conversi qui habiles fuerint ad artificia seu ministeria secularia addiscenda , volumus quod ad ea decaetero deputentur , per custodem praedictum , et de portionibus suis eisdem ut dictum est assignatis sustententur , donec de artificiis et ministeriis suis valeant competenter sustentari ; et extunc praedictae portiones subtrahantur , et ad fabricam et reparationem capellae nostrae praedictae , vel ad sustentationem aliorum conversorum arbitrio custodis principalis praedicti assignentur . proviso etiam , quod bona praedicta quae ultra portiones ad sustentationem conversorum praedictorum assignatas superesse contigerit ad fabricam praedict . capel . et usus ejusdem necessarios convertantur . dictus autem presbyter rationabilem sustentationem suam , et concapellani sui ac clerici , seu clericorum suorum , de bonis et catallis praedictis percipiet annuatim . volumus autem , quod ●i in domo praedicta capellanus conversus idoneus et honestus extiterit , qui capellae nostrae ibidem deserviat , illum retineat in socium , quibuscunque extraneis praefarend . praefatus etiam presbyter onera capellae praedictae , tam ordinaria quam extraordinaria sumptibus dictae domus totaliter sustinebit , et de receptis et impensis suis compot um reddat de anno in annum cum vobis ad scaccar . praedictum , prout rationabiliter fuerit faciendum ; et ideo vobis mandamus quod medietatem bonorum illorum judaeorum qui ad fidem amodo se convertent ; bona etiam et catalla judaeorum quorumcunque ex nunc quacunque occasione dampnandorum , una cum chevagio judaeorum angliae , et elemosina nostra praedicta , quae deodanda vocatur , statim cum accederint plenarie ac diligenter colligi , et levari faciatis , et custodi principali praedicto seu presbytero liberari faciatis , conversis et convertendis praedictis distribuend . in forma predicta , & compotum praedicti presbyteri de anno in annum inde audiatis , prout superius est expressum . in cujus , &c. teste rege apud westm . 26 die maii. the king soon after these letters patents to the treasurer and barons of his exchequer , constituted john de saint denys archdeacon of rochester custos or gardian of this house of the converts , and thereupon directed these letters patents to him , agreeing in substance with those to the treasurer and barons , which i shall insert at large , as most fully setting forth his office of any record i have seen . * rex dilecto clerico suo johan . de sancto dionisio archidiacono roffens . custodi domus conversorum london , salutem . quia ad aeugmentum fidei , et cultus nominis christiani convers●onem judaicae pravitatis ad fidem catholicam potissime credimus operari . nos ut illi qui a caecitate hujusmodi ad lucem ecclesiae sunt conversi in ipsa fidei firmitate roborentur , et alii qui adhuc in errore illo persistunt libentius et promptius ad gratiam fidei decaetero se convertant ; disposuimus auctore domino , de ipsorum sustentatione salubriter providere . licet itaque omnia bona & catallae judaeorum qui conventuntur ad fidem ad nos plenarie de jure & consuetudine pertinent , volentes tamen eis postquam filii & fideles ecclesiae sunt effecti dei intuitu , gratiaem facere specialem , medi●tatem valoris omnium bonorum suorum ubicunque in regno nostro , eisdem ad sustentationem suam dono nostro concedimus : aliam autem medietatem bonorum hujusmodi , bona etiam et catalla judaeorum ex nunc quacunque occasione dampnandorum , una cum bonis et catallis quorumcunque judaeorum quae ex quacunque ratione nobis forisfieri contigerit , nec non et elemo sinam nostram , quae deodanda vocatur ( post tempus concessionis nostrae fratribus predicatoribus , de elemosina illa facta ) una cum * chevagio judaeorum nostrorum angliae : quae omnia colligi et deferri volumus ad scaccarium nostrun , ad sustentationem conversorum et convertendorum qui honestae conversationis extiterint , usque ad septennium completum duximus deputanda , eisdem per thesaurarium et barones de scaccario nostro per vos proportionabiliter assignanda . et ut circa domus conversorum nostrorum lond. quo ad praemissa propensius , et cum majori solicitudine pertractetur , volumus , quod provideatis de aliquo idoneo presbytero de cujus industria et discretione merito confidend . sit , qui in domo ipsa certinue resideat , et capellae nostrae ibidem cum uno socio capellano honesto et uno vel duobus clericis personaliter deserviat , redditus ad dictam domum pertinentes colligat , et bona et catalla supradicta ad praedict . scaccarium nostrum recipiat , ac portiones conversis et convertendis assignatas distribuat , et ad alia neg●cia dictae domus fideliter procuranda , quotiens vos abesse , vel ad hoc personaliter vacari non possetis , de consilio vel ordinatione vestra diligenter intendat , qui etiam rationabilem sustentatationem suam pro se , et socio suo , ac clerico vel clericis memoratis , ad servicium capellae necessariis , de redditibus et bonis praedictis recipiat , et de omnibus receptis et misis suis compotum suum reddat coram thesaurario et baronibus de scaccario de anno in annum , secundum quod literis inde dictis thesaur . et baronibus directis plenius continetur . et si in domo praedicta capellanus conversus idoneus et honestus extiterit , volumus quod presbiter seu procurator praedictus ipsum prae caeteris in socium retineat ad administrandum unae secum in capella praedicta ; si qui autem de conversis et convertendis , habiles fuerint ad doctrinam , volumus quod scolas exerceant : laici etiam quos ad artificia seu ministeria secularia addiscenda aptos esse noveritis , adeo decaetero deputentur , ut habeant singuli eorum sustentationes suas de portionibus eisdem de bonis praedictis rationabiliter assignandis . quod si praedicti scolares clerici aliquod beneficium ecclesiasticum adipiscivaleant , de quo sustentationem suam rationabilem habere possint , subtrahantur eis ex tunc portiones praedictae , & eas aliis conversis seu convertendis indigentibus facias assignari . et hoc idem fiat de laicis supradictis , quam cito se possint de artificiis seu ministeriis suis sustentationem competentem habere . proviso inter caetera , quod de redditibus & bonis praedictis quae ultra sustentationem conversorum capellanorum et ministrorum ecclesiae superesse contigerit , ad fabricam & ornatum capellae predictae , & divini cultus augmentum faciatis ibidem provide deputari . et si quae in domo praedicta in personis aut rebus corrigenda seu reformanda videritis , ea corrigi & reformari cum omni diligentia facias , prout indempnitati et honestati dictae domus magis videbitis expedire . in cujus &c. t. reg. apud westm . 3 die junii . yet all this care and diligence both of the king and preaching friers forementioned , made very few jewish converts in that age , and those only of the p●●rer sort , rather to get a livelyhood to sustein them in this house , than out of any real affection to christ or christianity . in the plea rolls of the kings exchequer for the jews in the 9 year of his reign , i find this gardian of the house of the converts suing forth this ensuing writ for the moity of the goods and chattels of one belager an oxford jew converted to the chris●ian faith , by vertue of the forementioned patent : whereupon they were delivered unto him for the use of the house , as the record it self will more largely expresse . placita apud scaccarium judaeorum & termino pasche , anno regis bdwardi novo part . 7. * johannes de sancto dionisio custos domus conversorum tulit breve regis de magno sigillo in haec verba . edwardus , &c. justiciariis ad custodiam judaeorum , &c. assignatis salutem . ex parte conversorum domus nostrae london . nobis est ostensum , quod cum medietas bonorum & catallorum jud●orum conversorum sen convertendorum ad fidem catholicam ad conversos domus nostrae praedict . ratione concessionis nostrae eis inde factae pertineat , alia medietate illis qui sic a tempore concessionis nostrae praedict . convertunt reservata : ac belager judeus oxon. nuper ad fidem catholicam se converterit , &c. thereupon the king commanded that according to his former charters , the one moiety of the goods should be delivered to the convert for his ●ustentation , and the other moity to the house of the converts . t. rege apud . woodstock 25 die aprilis , an. regni nostri nono . per hoc breve liberantur eidem johanni bona & catalla subscripta , videlizet de bonis & catallis praedicti conversorum , viz. vnus liber prest . constit : precii 12 d. unus grecismus precii 6 d. una legenda precii 10 d. unum doctrinale magnum precii 1 d. quidam liber constitutionum precii 4 s. quidam codex , precii 16 s. quoddam insciatum precii 16 s. & e. in the plea rolls of this term and year ( pasche 9 e. 1. rot . 4 , 5 , 6 , 7 , 8 , 9 , 10. ) there are very many actions brought by jews against christians , and christians against jews , and one jew against another , and many stars as well of grant and release , as obligatory and by way of morgage , pleaded and recited at large , and issues joyned upon them , whether they were their stars or deeds , or not , when denied by them to bee their deeds ; which issues were tried by a jury of 6. legal christians and 6 jews . their starrum and starra , as they are there stiled , began in this form . solomon judaeus de stanford cognovit per starrum suum , &c. that he was obliged to such a one in such a summe , or that he had assigned and granted such a debt , starre or morgage to such a one ; or that he had released such a debt , star or morgage . and in their stars of release they added this clause . et si inveniatur carta salis , vel obligatio in archa cirografforum , vel extra nomine praedicti solomonis , &c. quod quieta sit , et nil valeat , & quod recognoscit hoc idem sigillo suo . when issue was joyned upon non est factum , concerning any of their stars or deeds , the entry upon the trial by 6 sworn legal christians and jews in those rolls , was usually in this form . et inquisitio inde venit à die pasche in tres septim : nunc per thomam clinch , johannem hubbard , abraham sampson &c. et alios probos et legales homines & iudaeos , ( expressing all their names ) qui dicunt super sacramentum suum , quod praedictum star : est factum praedicti solomonis , et litera ebraica manu sua propria signatum , & quod dictum starrum fecit tempore quo habuit liberam administrationem benorum suorum , &c. i shall transcribe only one of these records as a pattern of most of the rest , whereby the form of the legal process and proceedings before the justices assigned for their custody , will be more fully manifested to the readers , together with the forme of their stars of release . ſ cum alicia quae fuit uxor clementis de poringland districta fuisset pro xl . s. ad opus regis de debito gente quae fuit uxor ayey : fil : deulegin : eadem alicia venit , et clamat habere quietantiam de dicto debito per quoddam starrum coram : &c. in haec verba . isaac filius jurn : et muriel . leveske judaei testantur , quod gente de glocest . concedit , quod alicia quae fuit uxor clementis de poringland et haeredes sni quieti sint de ipsa et haeredibus suis de omnibus demandis calumniis & placitis a creatione seculi usque ad pentecosten anno edwardi 4to . et si aliquis judaeus , homo vel foemina , quid exigat , vel calumniatur versus praedictam aliciam occasione alicujus debiti quod eidem gente debebat a principio seculi usque ad praedict . festum pentecost : supradict : gente eam est acquietare , defendere & warrantizare . et praedicti judaei testantur , quod eadem gente spontanea voluntate hoc recognovit , et quod istud starr : est factum praedictae gente , & factum quo tempore habuit liberam administrationem bonorum suorum ; et petit quod inquiratur . ideo praeceptum est vicecomiti , quod venire faciat coram justiciariis sex probos et legales homines christianos , et sex legales iudaeos de civitate norwic. ad dies , &c. et quia constat per praedictam inquisitionem ( upon the trial ) quod praedicta alicia quieta est de praedicto debito per praedictam starr : quod est factum ipsius gente de debito tempore factum , &c. consideratum est , quod de prēdicto debito xl s. cedat quieta , &c. the like trial is in rotulo 5. of this term in dorso . kanc. eustachius de peckham ; and rot. 6. suthampt. between solomon ben-solomon and others ; with sundry more , overtedious to insert , since i intend not to be a reporter of all their cases , but only of the form of their law proceedings , for which these with the former instances may suffice . in the same 9th year of king edward the 1. i find these records relating to the jews in the clause and patent rolls in the tower of london . the first of them in time , is concerning a fine made with the kings commissioners by a jew , which another jew undertook to satisfie for him to the king , whereupon there issued this writ to the receiver of their goods . * rex dilecto clerico suo philippo de wyleby nuper receptori bonorum iudaeorum dampnatorum in diversis comitatibus salutem , quia aaron filius vynes iudaeus london , manucepit solvere nobis 40 s. in quibus abraham fil : elye filii magistri mossei iudaei london , et quinque marcas in quibus mosseus fil : hugonis nobis tenentur pro fine quem nobiscum feceru●t coram dilectis & fidelibus nostris stephano de penecestre , & sociis suis tunc justiciariis nostris ad placita de transgressionibus , monetae nostrae andiend : et terminand : assignatis pro transgressionibus mon●tae . vobis mandamus , quod praedict . abraham de praedict . 40 s. et praedict . mosseum de praedict . 5 marcis quietos esse facias . et scire facias justiciariis nostris ad custodiam iudaeorum assignatis , quod praedict . 40 s. & 5. marc . decidant praefato aaron in debitis quae eidem aaroni concessimus in recompensationem cujusdam debiti in quo galfridus peche eidem aaroni tenebatur . et quod idem aaron carissimae consorti nostrae , et alianorae reginae angliae nuper remisit . t. r. apud westm . 28 die maii. the like writ in effect issued for sarra a jewesse of london concerning a like fine the same year , to the treasurer and barons of the exchequer . * rex thes : et baronibus suis de scaccario , salutem . cum sarra de london judea northampt : teneatur nobis in quinque marcis , per quas finem fecit nobiscum coram dilecto clerico nostro hugo de kendale ad hujusmodi fines recipiend : nuper assignat : pro hak : fil . ejus judeae , pro quibusdam transgressionibus monetae eidem hak : impositis , ut dicitur ; ad quarum solutionem bona et catalla ipsius sarrae ad presens non sufficiant , ut accepimus . nos paupertati ejusdem sarrae quae occasione debiti illius in prisona nostra northampt. detinetur compatientes , et in eo super hoc gratiam facere volentes ; concessimus eidem sarrae , quod de illis 5 marcis solvat nobis per annum ad scaccarium nostrum , viz. ad scacc. nostrum pasche prox : futur : unam marcam , et sic de anno in annum ad eundem terminum unam marcam , quousque dictae 5. marcae nobis fuerint persolutae . et ideo vobis mandamus , quod eidem sarrae terminum illum habere , et sic fieri et irrotulari faciatis : & ipsam sarram a prisona praedicta , si ea occasione , et non alia detineatur in eadem , sine dilatione deliberari faciatis . teste rege apud winton , 12. die octobris . the jews by the custome formerly used , and the statute de iudaismo , could not sell any of their houses ( no more than their debts ) without the kings special license first obtained in writing , for which take this president of the foresaid year . * rex omnibus ad quos , &c. salutem . sciatis , quod de gratia nostra speciali dedimus licentiam samueli de eborum judaeo london , vendendi cui voluerit quoddam messuagium suum in civitae ebor : quod est in vico de conyngestreet , inter domum paulini de munbray , ex una parte , et domum ade verdeuel ex altera : dum tamen idem sam : messuag : illud ad manum mortuam non ponat , contra formam statuti nostri . dedimus etiam licentiam ei qui messuag : illud ab eodem samuele emere voluerit illud emendi , prout magis viderit expedire , nisi messuag : illud fit escaeta nostra , vel alio modo jus habeamus in eodem . in cujus , &c. teste rege apud winton , 12 die octobris . the like licenses to sell houses i find in other patent and clause rolls . this year the king to search out all the debts owing to the condemned jews or others , sent forth this commission to search all the chests of the jews , and the stars and writings in them , and to recover all the debts that were due on them , somewhat different from those formerly granted . * rex dil : & fidel . suis hamoni hutteyn , roberto de ludham , et magistro henrico de bray , salutem . quia volumus quod omnes cartae , starra et munimenta omnia iudaeorum dampnatorum , et alia quocunque modo ad nos ratione iudaismo pertinentia per vos scrutentur , videantur , et tunc transcribantur distinctè et aperte . ita quod extractae fieri possint inde ad debita illa ad opus nostrum levanda , prout de jure et secundum legem et consuetudinem scaccarii iudaismi nostri fuerit faciend . et prout ad opus nostrum magis videritis expedire . et ideo vobis mandamus quod ad certos &c. praemissa fac : in forma praedicta . et de cartis , star●is , munimentis et debitis illis tres r●tulos faciatis , quorum unus liberetur baronibus nostris de scaccario ; alter ad scaccarium iudaismi nostri , et tertius remaneat in custodia vestra magistro henrico nobis liberandus . in cujus , &c. t. r. apud guildeford 21 die octobris . a like patent to this , with little variation , de archis cirographorum aperiendis et scrutandis , &c. i find in the patent roll of 14 e. 1. m. 20. where all may peruse it at leisure . this same year the king confirmed the grant of his d●odands to the house of the converts in london , towards the repairing of the chappel and buildings there by this writ directed to his justices it inerant . * rex justiciariis itinerantibus in com. lincoln . salutem . cum nos dudum pro salute animae nostrae , et animarum antecessorum nostrorum regum angliae , concessimus dilectis nobis in christo fratribus fraedicatoribus london , elemosinam nostram quae deodanda vocatur in regno nostro angliae , in subsidium translationis domorum suarum usque ad finem triennii percipiendam , et post idem triennium , eandem elemosinam dei intuitu concessimus conversis domus nostrae london , ad fabricam capellae suae , quam dom. h. quondam pater noster rex angliae fundavit , ibidem perficiend : et in subventionem reparationis et sustentationis edificiorum loci illius . vobis mandamus , quod praedictam elemosinam nostram de itinere vestro in com : praedict . et in caeteris comitatibus in quibus itineraturi est is , habere faciatis dilecto clerico nostro joh : de sancto dionisio custodi domus praedictae ad fabricam et sustentationem ad reparationem praedict : inde faciend : t. r. apud westm . 13 die novembris . confimiles literae diriguntur justiciariis proximo itineraturis in com. devon. pro conversis praedictis . t. ut supra . king edward in the 10th . year of his reign , safely to protect the persons and goods of the jews in hereford from the violence of the people there , committed the protection of them to 24 of the chief burgesses of hereford ( as he did the jews in other towns throughout england ) and proclaimed , that none should damnifie or molest them in their persons or goods under pain of losing his goods , as this patent manifests . * rex dilectis sibi waltero de la barre , hugoni de clere , reginaldo comwood , thomae de anesye ( and to 20 more particularly named in the patent ) burgensibus suis hereford salutem . cum susceperimus in protectionem et defensionem nostram judaeos nostros hereford , res & omnes possessiones suas , & ad tuitionem & majorem securitatem ipsorum vos assignavimus ad custodiam eorundem . vobis mandamus , quod per totam villam praedictam publice proclamari & firmiter inhiberi faciatis ex parte nostra : ne quis sub periculo omissionis bonorum suorum , praedictis judaeis in personis aut rebus suis , inferat dampnum , molestiam seu gravamen . et vos ipsi judaeos illos , res et possessiones suas infra villam praedictam et extra , quantum in vobis est , manuteneatis , protegatis et defendatis . in cujus , &c. quamdiu regi placuerit durat . teste rege apud devises 10 die aprilis . it appears the jews were then very odious and grievous to the english , that they needed so many gardians to protect their persons and estates from their plunder and violence . soon after this some jews of hereford , being there imprisoned for trespasses done to some english there , the king sent this writ to the sheriff of the county to release them upon their putting in of bail to answer it , and to restore their goods if seased . * rex vic. hereford salutem . quia mosseus le blund , iosseus filius manasses judaei hereford , & mosseus fil . jacobi judaeus london , manuceperunt habere apud westm . coram justiciariis nostris ad custodiam judaeorum assignatis aaron le blund , & mirabiliam uxorem ejus , fautinum filium praedicti aaron , & bonam uxorem ejus , cresseum filium jacobi & floriam uxorem ejus , a die sancti iohis . baptistae in tres septimanas ad standum recto super quibu●dam transgressionibus quas dicti judaei fecisse dicuntur ade de peyntur & margeriae filiae ejusdem ade , si ipse vel eadem margeria versus eos loqui voluerit , tunc praedictos aaron , mirabilem , fautinum , & bonam , et cresscum , & floriam et eorum familiam , si ea occasione , et non alia , in prisona nostra detineantur , dictis manucaptoribus interim tradas in ballium , ●t catalla praedict . judeorum , si quae occasione praedicta ceperis in manum nostram , eis interim restituas per manucaptionem praedictam , & de corporibus eorum judaeorum , seu de familia aut catallis eorundem occasione rransgressionis illorum , te non intromittas , donec aliud inde preciperimus , & habeas ibi hoc breve . t. rege apud salop 2 die junii . the jews ( most likely to avoid the rage and plunders of the english christians ) having left the wearing of their tables on their upper garments , formerly prescribed by sundry forecited writs and ordinances , and the statute de iudaismo , to distinguish them from christians , were now by this new proclamation from the king sent to the justices , strictly enjoyned to wear them , as well women as men , and likewise prohibited to sell any flesh to christians by any means , or to retain any christian man or woman in their houses or elsewhere in their service under great penalties . * rex justiciariis suis ad custodiam judaeorum assignatis , salutem . cum nuper preciperimus & publice proclamari fecerimus ; quod omnes judaei regni nostri , tabulas deferant in indumentis suis exterioribus , ut a cultoribus catholicae fidei evidentius decernentur . volentes hoc idem de judeabus ejusdem regni generaliter & firmiter observari ; vobis mandamus , quod tam in civitate nostra londen , quam in aliis civitatibus , burgis , & villis alibi infra regnum praedictum ubi judaei conversantur , publice proclamari faciatis sub gravi forisfactura nostra ; ut omnes & singulae judeae ejusdem tabulas hujusmodi publice deferant in forma quae provisa est de judeis praedictis . facias insuper inhiberi & publice proclamari per totum regnum praedictum , ne aliquis judaeus quascunque carnes quoquo modo presumat vendere christianis , n●c christianum secum in hospitio suo , seu alibi in servicio suo audeat decaetero retinere . teste rege apud westm . 1 die decembris . in the 11 year of king edward the 1 , upon complaint of the jews clipping and falsifying his coyn , and other merchants trading with them therein , the king issued forth this following commission to inquire thereof , the hanging and punishing of so many of them but three or four years before for the like offences , not reclaiming the survivers of them from this their usual jewish practise . t rex dilecto & fideli suo hamoni hauteyn , et aliis , salutem . quia ex relatu fide dignorum nostrorum intelleximus , quod quidam judaei nostri mercantur cum quibusdam mercatoribus extraneis & aliis in platis de retonsura monetae nostrae fundatis , & etiam falsis platis de stagno exterius deargentatis . vobis mandamus , quod diligenter super hoc faciatis inquisitionem quotiescunque videritis expedire : et si vobis constare poterit ita esse , tunc mercatores illos , & alios quoscunque hujusmodi pla●as mercantes , vel a judaeis nostris emendas petentes , arrestari , & salvo custodiri faciatis , donec super hoc aliud duxererimus ordinandum . et judaeos illos a quibus hujusmodi platas petierint emendas dummodo hujusmodi venditioni seu emptioni non fuerint consentientes , per talem munucaptionem qualem videritis optimam ponatis : in cujus , &c. teste rege apud rothele 6 ●ie febr. in the 12 year of king edward the 1. i find these 4. several writs and records conceruing the jews in one schedule . the first , prohibiting them to live or reside in any city , burrough or town where they had no common chest , and commanding their justices to remove them thence . the second , commanding the collector of the condemned jews goods and estates and his clerks , to give an account thereof , and of the summe they amounted unto . the 3d , commanding the sheriffs in all counties where they resided , with two discreet and legal knights of the county , to seal up and secure all their chests and charters in them , till farther order . the 4th commanding the justices assigned for the custody of the jews , to certifie the treasurer and barons of the exchequer the state of all the jews debts , and to distinguish which were clear debts , and which not , that so they might be there recovered for the kings use . i shall recite them in order as they are recorded , the writs bearing date the ( 11th ) year before . * edwardus , dei gratia rex angliae , dominus hiberniae , dux aquitaniae , justiciariis suis ad custodiam judaeorum assignatis , salutem . quia secundum consuetudinem judaismi nostri , iudaei nostri in aliis civitatibus , burgis aut villis habitare aut morari non debent , quam in illis quibus archa chirographar : iudaeorum existat , et diversi iudaei diversas villas in regno nostro sunt ingressi & eas inhabitant , in quibus hujusmodi archa non existat , per quod eosdem iudaeos ab hujusmodi villis volumus amoveri . vobis mandamus firmiter injungentes , quod universos & singulos iudaeos in civitatibus , burgis et villis , in quibus dicta archa non existit habitantes seu morantes , absque damno eis de corporibus , seu de rebus suis faciendo , sine dilatione faciatis amoveri ab eisdem : ita quod ipsi judaei ab eisdem villis modis omnibus amoveantur ante quindenam pasche prox : futuram , non permittentes ipsos in hujusmodi villis habitare decetero , vel morari . et ita vos habeatis in hoc mandato nostro exequendo , quod non oporteat nos vobis iterata mandata nostra di●igere , ex hac causa . t. rege apud newark , 28 die jan. anno regni nostri 11. edwardus dei gratia rex angliae , &c. dilecto et fideli suo , waltero de warham , nuper receptori bonorum & catallorum quorundam judaeorum dampnatorum , salutem . quia quibusdam de causis super summa exituum bonorum et catallorum praedict . volumus certiorari . vobis mandamas quod die pasche proximo futuro in quinque septimanas ; sitis coram thesaur . & baronibus nostris de scaccario , una cum clericis et rotulis vestris de bonis et catallis illis , ut iidem clerici compotum reddant tunc ibidem de exitibus praedictis ; et ulterius faciant ea quae compotum et negotium illud con●ingunt . t. r. ut supra . eodem modo mandatum est ioh. beks , ade kirketon , and 7. others more there named . rex vic : midd. salutem . praecipimus tibi quod assumptis tecum duobus de discretionibus et legalioribus militibus ejusdem comitatus , in propria scil : persona tua accedas ad universas & singulas archas cyrograf . judaeorum in balliva tua existentes , et eas sigillis eorundem militum , et sigillo tuo consignari facias . ita quod archae illic sic consignatae , cum rotulis in locis , quibus nunc existunt , sub tua costodia remaneant , donec aliud inde praeceperimus , et hoc nullo modo omittas t. ut supra . eodem modo mandatur vic. linc. cant. hunt. kanc. warw. leicest . norff. suff. wigorn , northampt. surrey , sussex , colcest . oxon , berks , hereford , essex , hertford , glocest . darby , bedeford , notingh . devon. cornub. wilts , suthampt. exon , devises & ebor. rex justiciariis suis ad custodiam judaeorum assignatis , salutem . quia volumus quod thesaur . & barones nostri de scaccario , super omnibus debitis quae nobis debontur ad scaccarium judaismi nostri , ex quacunque causa per vos ad plenum certificentur , vobis mandamus , quod ad certum diem quem praedict . thesaur . & barones vobis scire facient , coram ipsis in scaccario praedicto , cum rotulis vestris veniatis , ad certificandum ipsis super debitis praedictis , quae videlicet sunt clara , et quae non clara , ut ex tunc debita illa levantur , secundum consuetudinem scaccarii praedicti , et hoc nullatenus omittatis . t. ut supra . moreover , in the patent rolls of this 12 year , the king granted this ensuing commission , to enquire of all the concealed goods and chattels of those formerly condemned , and of their clipping , falsifying , counterfeiting money , and trading with others in such deceitfnl coyn . * rex dilectis & fidelibus suis solomoni de roff. magist . hen : de bray , et hen : de waleyes salutem . sciatis quod assignavimus vos ad inquirendum per sacramentum tam christianorum quam judaeorum , per quos , &c. de omnibus bonis et catallis quorumcunque indaeorum dampnatorum nobis concelatis , et modo , et ad quorum manus hujusmodi bona devene●int . et etiam de mercatoribus et iudaeis invicem vendemibus , et ementibus , seu cambientibus platas argenteas , et falsas platas de stagno , et alia metallo conflatas , et exterius deargentatas , et de omnibus aliis circumstantiis negotium illud qualitercunque contingentibus , prout magis videritis expedire , & a● plenam et celerem justitiam inde faciendam . et ideo vobis mandamus quod ad certos dies et loca quos ad hoc provideritis , praemissa faciatis in forma praedicta . mandamus enim majori & viceco● : nostris london quod ad certos dies et loca quos eis scire faciatis , venire faciant coram vobis , tam christianos quam judaeos , per quos rei veritas in praemissis melius sciri poterit , et inquiri . in cujus , &c. t. rege apud cestr . 15 die septemb. this inquisition ( as was usual in the case of jews ) was to be made as well by jews and christians , and so were their trials ordinarily per medietatem linguarum , as in the case of other foreigners , for the greater indifferency , and prevention of injustice through malice or emulation . in 14 e. 1. * i find a commission issued out for opening and searching the chests of the jews , and inrolling and certifying their debts , agreeable with those already cited . and likewise a writ to the treasurer and barons of the kings exchequer , to discharge john de sto. dionisio , custos domus conversorum regis london , from giving any account of his office and receipts before them ; quia compotus hujusmodi nunquam in scaccario hactenus à predecessoribus suis custodibus domus praedictae fieri consuevit . t. rege apud westm . 24 die feb. this iohn of st. denys , custos domus conversorum , dying in the 16 year of edw. 1. the king thereupon granted the custos office of this house to robert de * scardeburgh clerk , quamdiu nobis placuerit : and commanded that he should be permitted to dwell in this house , and that all the converts therein should be intendent and obedient to him , as their governor . his patent bearing date the 13 of octob. this same year the jews still persevering in their trade of clipping and counterfeiting the kings coin , thereupon there issued out several letters patents and commissions to diverse justices to make inquiry thereof , and of all concealed goods and chattels of all the jews forfeited to the king , as this following commission of association , to pretermit all others , will resolve us . * rex dilecto & ●sideli suo hugoni de cressingham , salutem . qnia dilectus et fidelis noster henricus le waleys , quem nuper cum dilectis et fidelibus nostris solomone de roff. & magistro henrico de bray assignavimus ad quasdem inquisitiones faciendas de omnibus bonis & catallis quorumcunque judaeorum dampnatorum nobis concelatis & forisfactis , & etiam de mercatoribus & judaeis invicem vendentibus & ementibus , seu cambientibus plateas argenteas , & falsas plateas de stagno & alio metallo conflatas , et exterius deargentatas , & de aliis circumstantiis negotium illud qualitercunque contingentibus , prout in literis nostris patentibus , quos eisdem solomoni , henrico & henrico inde fieri fecimus plenius continetur , nobiscum in partibus transmarinis pro quibusdam negotiis nostris specialibus quibus ibidem intendit moram facit ; per quod idem henricus le waleys ad praemissa una cum prefatis solomone & magistro hen. facienda , non potest intendere ad praesens vos loco ipsius h. le waleyes ad praemissa una cum prefatis magist . henrico ad praedictas inquisitiones faciendas juxta tenorem literarum nostrarum patentium praedictarum . et ideo vobis mandamusquod ad praemissa facienda , una cum praedictis solomone , & magistro henrico intendatis in forma praedicta . mandamus enim eisdem solomoni & magistro henrico , quod vos ad hoc in socium admittant , sicut praedictum est . in cujus rei , &c. teste ed. comite cornubii consil . regis apud westm. 26 die jan. this year i find a strange case , a jew and his wife complained to the king , that some had maliciously defamed the wife , in reporting that she had turned christiand was baptized , to their great prejudice and grievance , when as it was a malitious scandal ; whereupon they procured this writ from the king to the justices of the jews to inquire the truth thereof by an inquisition of christians and jews , and to do them right if slandered . * rex justic . suis ad custodiam judaeorum assignatis salutem . monstraverint nobis mosseus de hornden & suetecota uxor ejus judaei lond. quod cum ipsa suetecota christiana non sit , ne aliquo tempore fu●rat baptizata , quidam emuli eorum maliciose confingentes ipsam suetecotam baptizatam fuisse inter duo bella de lewes & evesham , eam super hocdefamarunt , in ipsorum mossei & suetecotae dampnum non modicum & gravamen . et ideo vobis mandamus , quod inquisita inde plenius veritate per christianos & judaeos , sicut mos est ; si inveneritis praedicta suetecota non fuit baptizata , sicut sibi imponitur , tunc eisdem mosseo & suetecotae , juxta officii vestri debitum , pacem habere inde faciatis . t , com. if the jews deem it so great a scandal and grievance to them , for others to reporr them to have been christians and baptized , there is little hopes of their real general conversion to christianity now . the jews were such absolute slaves and villains to our kings , that they sometimes granted them with all their goods and chattels to others by their charters , as they did their other villanies , as this memorable record of 17 e. 1. will inform us . * rex dilecto & fideli suo , rado de berners constabul . tur. london salutem . cum dom. h. rex pater noster per cartam suam ded●rit & concesserit edmundo fratri nostro carissimo aaron fil . vynes judeo london , una cum omnibus bonis et catallis suis , er omnibus quae ad ipsum patrem nostrum ratione ipsius judaei quocunque modo possint pertinere ; et nos postmodum eandem donationem et concessionem continuari volentes , ipsam prefato fratri nostro confirmavimus per nostras literas patentes ; ac idem frater noster manuceperit habere coram nobis e●ndem aaron ad voluntatem nostram adstandum recte super omnibus quae ipsum aaron contingunt , quandocunque nos vel alii versus ipsum in aliquo loqui voluerimus ; per quod eidem fratri nostro per manucaptionem suam praedictam concessimus , quod omnia negotia ipsum aaron contingentia , et quae examen judiciale requirunt coram nobis , et eodem fratre nostro audiantur , et prout justum fuerit terminentur . vobis mandamus , quod de bonis et catallis ipsius aaron , aut aliquibus ipsum tangentibus vos in nullo intromittatis , contra donationem , concessionem , et confirmationem supradictas , nisi ex voluntate fratris nostri praedicti . t. edmund . apud westm. 24 die maii. eodem modo mandatum est , iohanni de breton custodi civitatis london . t. ut supra . in the 18 year of king edward the 1. i find this grant of his on the 12 day of iune of all his deodands to the house of the converts , for the better maintenance and support of the convert , chapel and edifices thereof , during his pleasure only . * rex iusticiariis & omnibus aliis ballivis et fidelus suis , &c. salutem . cum nos dudum concessimus conversis domus nostrae london , ad sustentationem ipsorum , deodanda , quae nobis accidere , & coram quibuscunque iusticiariis nostris adjudicari contingent , ad certum terminum jam transactum : nos concessionem illam intuitu dei pradictis conversis & convertendis coutinuare volentes ; concessimus eisdem conversis et convertendis , ad sustentationem ipsorum , et fabricam capellae suae et aedificiorum suorum perficiendam , omnia deodanda quae nobis ubicunque in reg●o nostro angliae accidere , et coram quibuscunque iusticiariis seu ministris nostris , adjudicari contingent . habenda & percipienda quamdiu nobis placuerit . t. rege apud westm . 12 die iunii . on the 17 day of the same month and year , i find this special grant made by the king to auntlera a jewesse , to sell the inheritance of a garden in london to any jew and his heirs , and for them to purchase it of her without being questioned or molested for it , by any of his officers , which without such license she could not sell , nor he purchase of her without seisure or forfeiture . * rex omnibus , &c. sciatis quod de gratia nostra speciali licentiam dedimus auntlerae quae fuit uxor vynes fil . magistri mossei judaei london quod quoddam gardinum suum quod habet in civitate nostra london , in parochia sancti laurentii in cattestreet , vendere possit cuicunque judaeo gardinum illud emere volenti , habendum et tenendum eidem judaeo & haeredibus suis in perpetuum : & eidem judaeo quod praedictum gardinum ab eadem auntlera recipere possit , tenore praesentium similiter licentiam concedimus specialem . nolentes quod eadem auntlera vel haeredes sui , aut praedictus iudaeus authaeredes sui , ratione venditionis seu recepitionis gardini praedicti , per nos vel haeredes nostros , justiciarios ballivos aut alios ministros nostros occasionentur , gravantur in aliquo , seu molestantur . in cujus , &c , t. r. apud west . 17. die junii . the like patent i find to aaron the kings brothers jew ●orementioned , to sell his house and rents in fee to any christian who should purchase them by his lords license , even after the edict past , and letters of safe conduct granted , for the jews banishment and departure hence , as appears by comparing their dates . * rex omnibus , &c. salutem . sciatis quod concessimus & licentiam dedimus aaron fil . vynes judaeo edmundi fratris nostri carissimi , quod ipse domos et redditus suos tam infra civitatem nostram london , quam infra regnum nostrum , de licentia & voluntate praedicti fratris nostri domini sui vendere possit ( upon his banishment hence : ) quibuscunque christiaenis voluerit , absque impedimento nostri , vel aliorum nostrorum quorumcunque , & eisdem christianis quod dom●s illas & redditus ab eodem iudaeo emere valeant , similiter licentiamconcedimus specialem , jure cujuslibet in omnibus semper salvo . in cujus , &c , t. r. apud langeleye 28 die julii . ( after the date is the letters for the jews safe conduct out of england to the sheriffs . ) it is very observable , that these three last patents were made but a very little before , and the last of them clearly after the jews universal banishment voted , resolved both by the king and parliament . for when as the king , his justices and parliament by all their inquisitions , commissions , care , providence , and execution of so many jews in all parts , could no ways suppresse their clipping and falsifying of the money of the realme nor yet reforme the manifold other wickednesse and misdemeanors of the english jewes , nor all the industry and pains of the friers preachers , nor all that liberal provisions and grants of the king forecited to the house of converts for their comfortable support , maintenance and confirmation in the christian faith , so far operate upon their obstinate , obdurate hearts , as to convert any considerable number , or any persons of note amongst them to the christian faith , from which many converts apostatized , nor ▪ yet suppresse their continual blasphemies against our crucified saviour , the christian faith , sacraments of the church and blessed virgin ; thereupon the king , at the earnest frequent solicitation , of the commons assembled this year in parliament , after the feast of st. hilary , enacted & published an edict or decree in parliament for the total , universal , and final banishment of all these wicked , blasphemous , unbeleeving jews out of england , then generally execrable , detestable to all the people , who were so desirous to be for ever quit of their company , that they granted the king the 15 part of all their goods and moveables for their banishment and expulsion out of england , as i have formerly proved at large by a full grand jury of historians , and several records in my former * demurrer , against sir edward cooks grosse assertion , that they only voluntarily banished themselves , because their usury was this year suppressed by the stat. de iudaismo ; which i have proved was made full 15 years before , & to be no cause at all of their exile now . in pursuance of this parliamentary edict & decree , now no where extant on record ( all the parliament rolls before 5 ed. 2. being wholly lost , and many since , by the carelessenesse or iniquity of the times , except only an old parchment book of some pleas in parliam . in e. 1 ▪ & one statute roll of k. ed. the 1. ed. 2. and ed. 3. wherein the statute de iudaismo , with many other printed acts , are not to be found , no more than this edict for the jews banishment , though mentioned in many histories and records ) the king in this very moneth of iuly sent several writs , letters and patents to the sheriffs of counties , mayors of towns , bayliffs and barons of the cinqueports , and likwise to mariners , reciting , that he had prescrib'd a certain time , term , day to all and every of the iews within the realm , for their departure out of it into forraign parts : commanding them , not to doe nor suffer any injury molestation , grievance , to be done to them by any in their passage beyond the seas , for which he had given them safe conduct , but to grant them their wives and children a safe and speedy passage , within the time prefixed them , at the jews own costs , paying reasonable rates for their freights and passage , without immoderate exactions especially on the poorer sort of them , lest their passage should be hindred by such immoderate and unreasonable exactions . i shall transcribe these writs and letters at large out of the records themselves , as most pertinent to my intended theame , beginning with those to sheriffs . * rex vic . gloucestriae , &c. cum iudaeis regni nostri universis certum tempus praefixerimus a regno illo transfretanoi ; nolentes quod ipsi per ministros nostro , aut alios quoscunque , aliter quam fieri consuevit , indebite pertrectentur ; tibi praecipimus , quod per totam ballivam tuam publicè proclamari , et firmiter inhiberi facias , ne quis eis intra terminum praedictum , injuriam , molestiam , dampnum inferat , seu gravamen . et cum contingat ipsos cum catallis suis , quae eis concessimus , versus partes london , causa transfretrationis suae , dirigere gressus suos , salvum & securum conductum eis habere facias sumptibus eorum . proviso , quod iudaei praedicti ante recessum suum , vadia christianorum quae penes se habent illis quorum fuerint , si ea acquietare voluerint , restituant , ut tenentur . teste rege apud westm . 18 die iulii . anno 18. e. 1. consimiles literae diriguntur vicecomitibus essex , ebor. northampt. lincoln . teste ut supra . item vicecomitibus hereford , suthampt. the form of the letters for protection and safe conduct to particular jews and their families , ( which the richer sort of jews purchased at dear rates ) was this . * rex majoti et ballivis eborum salutem , quia certum diem praefixerimus iudaeis nostris angliae regnum nostrum exeundi , et ●e ad partes alias transferendi ; vobis mandamus , quod bonamico judaeo eborum , uxori , pueris , vel familiae suae , in personis aut rebus interim nullam moles●iam inferatis , set ipsos quantum in vobis est , manuteneatis , protegatis , et defendatis . et cum idem bonamicus cum uxore , pueris et familia sua , post terminum proclamationis factae de vadiis christianorum acquietandis , ad partes maritimas causa transfretandi , divertere se voluerint , sibi et suis salvum conductum , cum ab eo fueritis requisiti , suis sumptibus habere faciatis ; ne eis super bonis , quae secum deferre contingerit periculum emineat , pro defectu conductus hujusmodi faciendi . t. rege apud lang. 26 die julii . et sunt patentes . by this patent it appears , first , that the jewes had a certain day prefixed them by the king to depart out of the realm of england into foreign parts , of which they all had general and particular notice . 2ly , that the wealthier jews thereupon to preserve their own persons , wives , children , families from corporal violence , and their goods from plunder , purchased particular letters of protection and safeconduct from the king to mayors and other officers . 3ly , that the king published a general proclamation upon the edict of their banishment , that all the pawns of christians to them should be redeemed and discharged before their departure , or left behind them when they departed hence . the next day after this private letter of protection and safeconduct , on the 27 of july , the king sent these letters to the bailiffs , barons and seamen of the cinque ports , for the jews safe conduct , passage and transportation out of england , within the term which he had prefixed to all and every of them , being general for all the jews . * rex omnibus ballivis , baronibus , et nautis quinque portuum suorum salutem . cum certum terminum omnibus et singulis iudaeis regni nostri praefixerimus idem regnum exeundi . nolentes quod ipsi in rebus seu personis interim aliqualiter injurientur : vobis mandamus , quod eisdem iudaeis cum ipsos ad portus praedictos , cum uxoribus , pueris , & catallis suis venire contingerit ad transfretand : intra terminum praedictum , salvum & festinum p●ssag●um , & securum conductum habere faciatis sumptibus corundem . ita tamen , quod pauperibus judaies super freto navium in transportatione parcatur , et a●●is juxta facultates inde fiat exactio moderata , prout in hujusmodi passagiis alias fieri consuevit , ne quis ipsorum per exactiones immoderatas et irrationabiles , super passagio suo impediatur . et sub gravi forisfactura nostra firm●ter vobis injungimus , ne quis vestrum iudaeis praedictis in rebus aut pe sonis inferat , vel quantum in ipso est inferri permittat injuriam , molestiam , dampnum , impedimentum , seu gravamen . in cujus . &c. teste rege apud westm . xxvii . die julii . besides these general , he granted other particular letters of safe conduct to the bailiffs , barons and seamen of the cinque ports , for some privat jews , their wives , children and families who desired them , as appears by this record . * rex omnibus ballivis , baronibus & nautis quinque portuum salutem . cum certum terminum omnibus et singulis iudaeis regni nostri praefixerimus idem regnum exeundi , nolentes quod ipsi in rebus seu personis interim aliqualiter injuriatur ; et vobis mandamus , quod mosseo filio jacobi de oxon iudaeo nostro northampt. cum ipsum ad portus praedictos , cum uxore , pueris , familia , et catallis suis venire contigerit ad transfretandum intra terminum praedictum , salvum et festinum passagium , et securū conductum habere faciatis sumptibus ejusdem . ita quod ei juxta facultates inde fiat exactio moderata , prout in hujusmodi passagiis alias fieri consuevit , ne ipse per exactiones immoderatas et irrationabiles ( which the jews all feared from the english upon this extraordinary occasion of their peremptory exile ) super passagio fuo impediatur ●●t sub gravi forisfactura nostra firmiter vobis in●ungimus , ne quis vestrum praedicto mosseo , uxori , pueris aut familiis suis praedictis , in rebus aut personis inferat , vel quatemus in ipso est inferri permittat in uriam , molestiam , dampnum , impedimentum seu gravamen . in cujus , &c. teste rege apud selveston 8 die aug. it is observable that in all these writs and letters , the king relates , that he had prefixed a certain day , time or term to all and every the jews of the realm , to depart out of the same realm , but mentions not in any of them the precise day , time or term at all : therfore it is most certain , it was mentioned in some other publike act and edict for their banishment made in parliament , ( which * all our historians remember , ) then publickly known to all the jews , sheriffs , officers and people ; for how else should they certainly know or take notice of it , if it were not then as notorious as these writs and letters , which do not particularly expresse it ? * matthew westminster in or near this time , precisely writes , that the jews were all to depart out of england with their wives and children by the feast of all saints , quod eis pro termino ponebatur , quem sub poenae suspendii transgredi non est causa . this therefore was the term prefixed to them in the parliamentary act & decree for their banishment by that day , under pain of being hanged , if they departed not england before that term . the liber rubeus , or red book in the remembrancers office in the eschequer , fol. 252. b. hath this memorand . entred in it , touching the time the jews actually departed from london and england , † de iudaeis recedentibus ab anglia : memorandum , quod die martis in crastino sancti dionisii , anno regni regis edwardi silii henrici decimo octavo , et anno domini millesimo ducentessimo nonagessimo , recesserunt omnes judaei de london versus mare ad transfretandum sub protectione domini regis . and the same memorandum in effect is written in a hand of that time , at the end of the original manuscript copy of florentius wigorniensis . now saint dionisius day being the 9th of october ; this their departure from london must necessarily be on the 10. day of octob. being the next day after it an. 1290. just 21 days before the feast of all saints , by which day they were all to depart out of england under pain of death ; and accordingly departed , as i have elsewhere manifested ; except some few poor converted jews , who remained like almesmen in the house of the converts , and were not banished with the rest , whose infidelity was the chief cause of their exile , as our historians attest . the king on the 27 day of october ( but 17 days after the jews final departure from london out of england ) committed the custody of this domus conversorum and the converts in london to walter de agmodisham during pleasure , by this his patent . * rex omnibus ad quos , &c. salutem . sciatis quod commissimus waltero de agmodisham custodiam domus nostrae conversorum london , & conversorum nostrorum , ( therefore not banished with the rest ) habendum quamdiu nobis placuerit , cum omnibus ad custodiam illam pertinentibus , sicut johis de sancto dionis . quondam archidiac . roff. eam dum vixit habere consuevit . ita quod idem walterus domos illas in quibus idem archidiaconus morabatur ibidem inhabitet pro voluntate sua , &c. t. r. apud kingestclipton 27 die octobris on the 16 day of december following the king granted the custody of this house to richard de clunpynges by this patent , which manifests that the converted jews were not banished with the rest . * rex omnibus et singulis conversis domus suae london salutem . sciatis quod commissimus dilecto clerico nostro rico. de clunpynges custodiam domus praedictae , habendum quamdiu nobis placuerit , cum omnibus ad dictam custodiam pertinentibus , eodem modo quo johis . de sancto dionis . quondam archidiaconus roffensis defunctus eam dum vixit habere consuevit ; ita quod dom . illas in quibus idem archidiaconus morabatur ibidem pro voluntate sua inhabitet . et ideo vobis mandamus quod eidem rico. tanquam custodi vestro in omnibus que ad custodiam illam per●inent , 〈◊〉 e● sitis et respondentes , sicut praedictum est . in cujus , &c. t. rege apud odyham 16 die decembris . the very next year after the jews banishment within four moneths of their departure hence , i find these letters patents directed by the king to all his sheriffs , bayliffs and lieges , expresly mentioning their banishment hence , and the kings designing of all the rents and profits of their houses , from the time of their banishment to be collected , and disposed to pious uses ; as hugh de kendale clerk should appoint , specially intrusted with the management of this affair . * rex vicecomitibus , & omnibus aliis ballivis & fidelibus suis ad quos , &c. salutem . cum assignavimus totam pecuniam provenientem de domibus quae fuerunt judaeorum nostrorum in anglia in quosdam pios usus convertendam , per quod volumus quod totum commodum perveniens ex domibus illis a tempore exilii eorundem , ut ex conventione domorum earundem , & rebus aliis , in eosdem usus applicetur : assignavimus dilectum clericum nostrum , hugon●m de kendale , ad inquirendum de conductionibus , et omnibus receptis hujusmodi plenam veritatem , et ad onerandum vicecomites , ministros , et omnes recepto●es pecuniae inde provenientis , a tempore exilii praedicti , et ad pecuniam illam in tuto loco reponendam per vicecomites , vel alio modo prout melius viderit expedire . et ideo vobis mandamus quod eidem hugoni intendentes sitis , credentes & respondentes . teste rege apud asherugge 22 die ianuarii . king edward presently after the jews banishment hence , seized upon all their houses , lands and revenues throughout england as escheated into his hands by this their sentence of banishment , and presently within few moneths after made sale of them to english men by several letters patents , as appears by a special pat. roll of the sales of their houses made in the 19 and 20 years of his reign , thus endorsed . carta de judaismo . literae patentes de domibus iudaeorum concessis post eorum exilium de anglia ; wherein are near one hundred particular patents of sales of them to several persons , running in the selfsame form ( mutatis mutandis ) all mentioning their banishment hence , & this kings title to them thereby , by way of escheat ; take one in the 19. year for an example of all that ensue that year . c rex omnibus ad quos , &c. salutem . sciatis quod concessimus pro nobis & haeredibus nostris isabellae , quae fuit uxor ade de sancto albano junior : domos illas cum pertinentiis in london , quae fuerunt leonis fil : cressey : fil : magistri eliae judaei , de parochia sancti martini pomer : in ismongerslane , per exilium ejusdem iudaei a regno nostro , tanquam escaeta nostra in manu nostra existentes , et quae ad quatuor marcas extenduntur : habendum & tenendum eidem isabellae et haeredibus suis de nobis et haeredibus nostris imperpetuum . reddendo inde nobis & haeredibus nostris unum denarium per manum vicecomitis ejusdem civitatis singulis annis ad scaccarium nostrum pasche , et faciendo aliis dominis feodi illius servicia inde debita et consueta . in cujus , &c. teste rege apud asherigge 27 : die decembris , anno regni regis edwardi filii regis henrici xix . this patent bears date within two moneths next after the jews actual departure hence , upon the decree and edict for their banishment . after which follow near one hundred patents of their houses made this year , wherein was the same recital of their banishment as in this transcribed ; then follow many other patents made of the jews houses by the king in the 20 year of his reign , intituled in the roll and margin . patentes de domibus judaeorum concessis , post eorum exilium ab anglia ; the first whereof in memb. 2. runs thus . d rex omnibus ad quos , &c. salutem . sciatis quod concessimus pro nobis et haeredibus nostris willielmo de taburet de bedeford , & katerinae uxori ejus , domos illas quae fuerunt cok : filii benedicti de bedeford per exilium ejusdem iudaeia regno nostro , tanquam escaeta nostra , in manu nostra existentes , et quae ad sex 〈◊〉 extenduatur . habendum et tenendum eisdem willielmo & kater . et haeredibus suis , vel cui il●as , secundum consuetudinē villae praedictae donare vel assignare voluerint de nobis & haeredibus nostris imperpetuum . reddendo inde nobis & haeredibus nostris unum denarium per manum vicecom . nostri bedf. singulis annis ad scaccarium nostrum ad festum sancti michaelis . et faciendo aliis dominis feodi illius servicia inde debita & consueta . t. rege apud westm . 29 die novemb. after which follow near 20 patents more of other jews houses , made that year in the same form . therefore by the unanimous irrefragable verdict of all these manifold patents ; the jews were legally and judicially banished out of england , and by this their judgment of banishment ( both by the king and parliament ) all their houses and lands actually escheated into the kings hands , who thereupon seized and sold them to others in fee , upon this very title of escheat by their exile out of england : which had sir edward cooke known or observed , i am confident he would never have asserted this untruth , that they voluntarily banished themselves out of england , only because their usury was banished thence . to these records i might annex the case of the prior of bridlington , which * himself cites in the placita parliamenti post pascha apud london , 21 e. 1. rot . 4. recited again in alio rotulo , anno 22 e. 1. rot . 5. wherein there is this double recital of the jews exile hence , and of a debt of 200 l. due to the king thereby , which he had judgement to recover against the prior. et quia praedictus prior cognoscit , quod praedicta pecunia praed : judaeo debebatur , nec ei solvebatur , ante exilium iudaeorum et quicquid remansit eorum debitis & catallis in regno post eorum exilium domino regi fuit : consideratum est , quod dominus rex recuperet pecuniam praedictam . ; an unanswerable euidence of their judicial , legal , actual banishment hence , here twice together repeated in this plea in parliament but three years after their exile . i have now traced the history of the english jewes through the obscure , untrodden , generally unknown , and almost forgotten path of our english records , yet remaining in the tower of london , and exchequer , from the very first year of king john , where our yet extant records begin , to the 22. of king edward the first , full 4 years after their universal banishment out of england ; which as it then put a period to any further memorial of them in our subsequent records , so it now sets a final conclusion to this my chronological collection of such records as concern the generality of the english jews and their affairs . to which i shall only annex some few records in succeeding times , relating to some particular jewish converts since their general banishment hence , and to the forementioned house of the iewish converts ( now the rolls in chancery lane ) which are some wayes pertinent ( like so much gleanings after the harvest ) to the jewish history , and so draw toward a conclusion of this my undertaking . there being a great want of jewish converts after the jews banishment hence to receive the alms , revenues formerly setled on their house by the premised charters of our kings , i find king edw. the 3d in the 18th year of his reign , by special patents , granted to other poor people who had nothing to live on , both the benefit and easment of the houses and gardens of the house of the converts , together with a penny a day out of the exchequer , and so much besiedes as any one convert there received out of the rents and profits of the house . particularly he granted to one alianor , e quae non habet unde vivat , quod habeat tantum in omnibus pro sustentatione sua tam de pecunia ad sc accarium , videlicet per diem 1 d. et pro ●is●amento domorum & gardinarum , sicutuna conversorum habet et capit , ac de deodandis & aliis proficuis quam de redditibus & tenementis conversorum domus london , et alibi infra regnum angliae commorant , &c. quantum una conversa inde percepit . after this a converted jew , john castell by name , coming over into england in the 30 year of king edward the 3d. the king thereupon granted him such admittance into , and sustenance in this house of convertr , as other converts had in former time ; received , by this ensuing writ of privy seal . f rex dilecto clerico suo hen : de ingleby , custodi domus nostrae conversorum in civitate nostra london , salutem . quia volumus quod johannes de chastell , à ritu judaeorum conversus , qui in regnum nostrum angliae nuper venit , habeat talem sustentationem in domo nostra praedicta de elemosina nostra , qualem alii ejusdem conditionis in eadem ante hoc tempus habuerunt . vobis mandamus , quod ipsum johannem in domum nostram praedictam admittatis , et ei sustentationem hujusmodi pro uno converso consuetum de eadem domo liberari & habere facias . t. rege apud westm . primo die iulii . per breve de privato sigillo . this henry de ingelby afterwards resigning his office of keeper or gardian of the house of converts to the king , thereupon king edward the 3. in the 45 year o● his reign granted this office to william de burstall clerk , during his life , by this following patent . g rex omnibus ad quos &c. sciatis quod dedimus & concessimus dilecto clerico nostro will : de burstal custodiam domus nostrae conversorum london , vacantem per resignationem hen. de ingleby ultimi custodis domus praedictae , et ad nostram donationem spectantem : habendum & tenendum cum omnibus ad custodiam illam quoquo modo spectantibus ad totam vitam ipsius willielm . in cujus , &c. t. r. apud westm . 22 die julii . per ipsum regem . et mandatum est vicecomit . loudon , quod ipsum will. in corporalem possessionem domus praedictae inducant vel induci faciant , habendum juxta tenorem literarum regis praedictarum . teste ut supra . per ipsum regem . this house with the chappel and other edifices being greatly ruined after the jews banishment , through the negligence of former guardians , william burstal being made keeper thereof , bestowed much money upon the repairing of it out of his own purse ; which done , upon consideration thereof , and to keep the same in constant repair for the future , upon the supplication of the said william , then keeper likewise of the rolls of the chancery , he procured king edward to annex the house and chappel of the converts to the custos of the rolls of the chancery and his successors for ever , in the 51 year of king edward the 3d. by this patent . h rex omnibus ad quos , &c. salutem : sciatis quod nos considerantes qualiter domus conversorum , in suburbio civitatis nostrae london , de patronatu nostro existens , et capella , edificia & clausura ejusdem tempore quo dilectus clericus noster willielmus de burstall custodiam ejusdem domus ex collatione nostra primo habuit , per negligentiam et incuriam aliorum , qui antedictum willielmum custodiam domus illius habuerunt , et ibidem morari , seu inhibitare non curarunt multipliciter debilitata , & quasi totaliter in ruina extiterunt . et quod praedict . willielmus tempore suo de bonis suis propriis grandes fecit custus et ex pensas super reparatione et emendatione domus , capellae , edificiorū & clausurarum praedict . at etiam super factura novarum domorum ibidem . nos , ut domus conversorum , capella , edificia , clausurae et novae domus supradicta compatenter sustententur , & custodiantur in futur . ad supplicationem praedicti will : ( qui custos rotulorum cancellariae nostrae existit in praesenti ) concessimus de gratia nostra speciali , pro nobis & haeredibus nostris , quod post mortem ejusdem willielm : dicta domus conversorum cum suis juribus & pertinentiis quibuscunque , remaneat et moretur in perpetuum clerico custodi rotulorum cancellariae nostrae , et haeredum nostrorum pro tempore existenti , et sit annexa ad idem officium imperpetuum . et quod cancellarius angliae , vel custos sive custodes magni sigilli nostri , et haeredum nostrorum angliae , pro tempore existentes , post mortem ipsius will. habeat et habeant potestatem ad quamlibet vacationem dicti officii custodis rotulorum per mortem , cessionem , vel mutationem personae , quocunque tempore futuro , instituendi successive custodes rotulorum praedictorum in dicta domo conversorum , et custodes illos ponendi in possessionem ejusdem , cum suis juribus et pertinentiis quibuscunque . in cujus , &c. t. rege apud shene x. die aprilis . per breve de privato sigillo . since which by vertue of this patent , this house of the converts hath continued annexed to the custos and mastership ol the rolls of the chancery , yet still liable and subject to the first charitable uses for habitation and sustentation of such jewish and other converts , to which it was at first designed : for which i shall now only recite one president more already printed by * john stow out of the records of 5 r. 2. one william pierce a jew that became a christian , and was baptized , was by this kings charter in the 5th of his reign , admitted and received into this ancient domus conversorum , and had there 2 d. a day allowed him by the king during his life : and by the self-same equity , if the jews be now readmitted into england , and any of them shall chance to be converted to christianity and baptized , either upon real , or hypocritical , or politick grounds , they ought to be there received and maintained in the self-same manner as they were in former times . i have now ( courteous reader ) presented thee and the world with the exactest chronicle and history of the english iews ( from the 1. year of king iohn , anno dom. 1599. till their total and final banishment hence in the 18 year of edward the 1. anno dom. 1290 , and some years after it ) hitherto published in any age , sincerely collected ( with no little diligence , pains , search , and cost ) out of the most excellent rolls & records of those times , yet extant in the tower and exchequer , all which i diligently perused with mine own eys , & faithfully transcribed , not taking them upon trust , as others commonly do , and so frequently miscite or mistake them : all which records ( being diligently entred very year successively under these kings reigns , by publick clerks and notaries imployed for that end , and faithfully relating every thing concerning the jews , and all other transactions , publick or private , as they were then really acted ) are the truest , best , most unerring guides that posterity can follow , the infalliblest evidences they can surely rely on , or any historians make use of in relating the history or proceedings of former ages ; the ignorance of which records hath occasioned many mistakes both in matters of fact and law in most of our historians , chronicles , and law books ; some whereof , ( relating to the english jews ) i have here rectified in the by . from all the records here printed in their own words and language , give me leave in brief to observe for thy better information , these few general heads concerning the jews , to which they are reducible . 1. that though our kings by their forementioned charters , writs , and proclamations , granted many large priviledges , protections , immunities to the jews , especially in the beginning of their reigns , as if they were their only favourites and darlings , above all other of their subjects ; yet these their royal protectors , and their justices specially appointed for their custody , soon after , notwithstanding all their former charters , declarations , and promised liberty , peace , protection proved their most unsatiable , merciless , perfidious , tyrannical exactors , fleecers , oppressors , taxmasters , tormentors , almost without any intermission in one kind or other . 2 that the jews under all these kings reigns , notwithstanding all their indulged liberties , were but their most absolute bondslaves , and exquisite villains , in all respects , as these particulars will evidence : first , their names were all inrolled in the kings exchequer for the jews , and they confined to live and abide only in such places as the king and his justices assigned for their custody should prescribe them , from which they might not remove without special license . 2ly , they were to be there constantly resident , that the kings officers might there finde both them and their families upon all occasions . 3ly , they were translated from place to place at the kings pleasure , and permitted to reside in no place but where they had a common chest . 4ly , their persons , wives , children , infants , families , were imprisoned , distrained , sent to remote prisons , castles , banished , executed , tormented , put to fines and ransoms upon all occasions , especially for their taxes and debts to the king. 5ly . they were both by poll and wholesale granted and sold to others like bondslaves and villains in grosse by the king , and morgaged to those who would purchase them , or advance any monies upon their assignment . 6ly , they were alwayes to wear a badge and table on their outmost garments , as well females as males , whereever they rod or went , to distinguish them from christians , with whom they were to have no intimate communion , ( who were prohibited to be servants ; nurses to any of the jews in any kind , ) and were all of them to be slaves and servants to the king in one kinde or other . 7ly , they were all prohibited to depart the realm , when once entred , without special licence , which they could not obtain ; and imprisoned yea put to fines and ransoms when they attempted it , to avoid their taxes . such was their vassallage in respect of their persons . as for their real and personal estates , they were wholly at the kings disposal . first , the king could seise all their lands , houses , rents , annuities , fees , morgages , debts , goods , chattels , gold silver , and sell , grant , release , give them unto whom he pleased at his pleasure . 2ly , all their real and personal estates , chattels , debts escheated to the king upon their deaths , neither could their children , wives , heirs , executors enjoy them , without making fines , reliefs , and compositions with the king for them , at high rates . 3ly , they could not sue for any debt , morgage , house , fee , duty , nor assign , grant , sell , give , release them unto others , without the kings special license , for which they paid such fines as he thought fit to impose . 4ly , the king could stay their actions , debts , usury , respite them for what time he pleased , order them to be paid at other terms , and by other summes than those expressed in their charters and obligations : and finally pardon , release them , and deliver up their charters to their debtors , when and where he pleased . 5ly . the king seised , searched , inrolled , sealed up all their publick chests , charters , writings , debts , goods , chattels , estates , and disposed of them to his own use upon all occasions , notwithstanding all grants and charters to them ; and appointed all their judges , officers , cyrographers , cofferers , escheators , presbyters , priests and tallagers at his pleasure : yea inforced them to tax , distrain , imprison one another , under pain of perpetual imprisonment , banishment , confiscation of all their estates , and the severest penalties , as the premised records assure us . 3ly , they alwayes lived under uncessant , perpetual , arbitrary unsupportable taxes and tallages , imposed on them ( without any act of parliament , or their common assents ) by our kings and their griping officers at what rates soever they pleased , sometimes 5000. or 6000. somtimes 20000. & 60000 , but commonly 8000. & 10000. marks or pounds by the year ; levyed with the greatest rigour , which some of the richest jews in all places were commonly engaged to see punctually paid in at the terms appointed , and when any of them opposed , or neglected to pay or levy them , their persons , wives , children , families , infants were all distrained , imprisoned , their estates , debts seised , confiscated , some of them sent prisoners into ireland , and frequently menaced with perpetual banishment hence and losse of their estates , their taxes being levyed by the strictest menacing warrants , and all rigorous violent ways the king and his instruments could possibly invent , and are not their taxes ( in case they will now return again ) like to be more high , frequent , oppressive , since the very english themselves , after all their late contests , wars , consultations , and prodigal expences of their blood , treasures , estates , are now brought under heavy , uncessant , monthly arbitrary taxes , excises , imposts , decimations , levyed with the greatest rigour , and such as dare oppose them out of conscience or defence of publike liberty , though in a legal way , imprisoned , close imprisoned , ruined , yea threatned with perpetual banishment , even by such who pretend themselves the patrons , protectors of the english liberties , franchises , properties from such aegyptian and jewish bondage , and greatest antagonists against such arbitrary exorbitant tyranny ? 4. that besides these constant annual taxes , our kings upon all occasions enforced them by way of loans , to lend what sums they demanded , under pain of imprisonment , confiscation of their estates , seisure of all their debts , pawns , chests : and frequently seised , searched , released , granted , sold all their gold , silver , chests , debts , houses , fees , annuities , pawns , and imprisoned their persons , wives , children , to extort and raise monies upon all extraordinary necessities . 5. that when they had fleeced them to their very skins , and could expect no more moneys from them , then they morgaged and sold their persons , estates , and the revenues proceeding from them unto others , to advance present moneys before hand , like so many slaves and villains . and though many of them , notwithstanding all their endlesse taxes , extortions , squeezings , fleecings , grew rich again in a short time through usury , broccage , clipping and falsifying coyn , plate , frauds and extortions of all kinds , and their base parsimony , industry , frugality ; yet their wives , children , heirs , friends enjoyed little or no benefit at all by it , but the king and his officers commonly fleeced them of al they gained , by one device or other . so that england was little better than a second aegypt , and our kings and their griping officers nothing else but so many new pharoahs and aegyptian tax-masters to them , during all their continuance here , they having no assurance of lives , liberties , estates under them by any charters , grants , protection , engagements , which they made no conscience to revoke and violate at their pleasures , as some of late have done , even to their own christian brethren , in as high a degree as they did to the jews . 6. that they were so exceeding execrable and detestable to the people in all places where they resided , both for their infidelity , blasphemies , apostacies , enmity to christ and christianity , circumcising and crucifying christian children , clipping of coin , falsifying of charters , extortion , brokage , usury , frauds , unconscionable jewish cut-throat dealing , and discrepancy of maners from the english , that many places and ports opposed their coming over , other towns , ( as newcastle , winchelse , wycombe , newbury , berkhamsted , suthampton , & other places ) purchased exemptions or removals of them : and those towns where they resided , frequently rose up in a tumultuous maner against them , burning their houses , beating , abusing , kiling their persons , pillaging their goods , and forcing them to fly to the kings castles for sanctuary , notwithstanding all the kings charters , proclamations , provisions of all sorts for their protection and defence against violence , and committing them to the protection of the sheriffs , maiors , chief officers and burgesses of the places where they resided . but especially they were above measure assaulted , beaten , slaughtered , pillaged by the cruce-signati and saint-like souldiers of that age , who listed , crossed themselves for the holy-wars , , and by the barons , souldiers who took up arms against their soveraigns under pretext only of defending the great charters , laws , liberties of the church and realm of england , usually stiling themselves * exercitus dei et sanctae ecclesiae in anglia . neither were they free from violence , plunder , nor the common people satisfied till their universal final banishment hence , which they oft sollicited , their implacable enmity against them being such , that the symptoms thereof yet continue amongst us in our proverbiall speeches . i hate thee as i do a jew . i would not have done so to a jew . none but a jew would have done so , and the like . 7. that notwithstanding all the injuries , oppressions , indignities , cruelties they here sustained both from our kings , their officers & the generality of the people by gods just curse and vengeance on them for their sins , yea notwithstanding all means used by our kings , magistates , bishops , preaching friers , and others , both for their reformation and conversion to the christian faith , yet the generality of them continued , persevered still in their willfull obstinacy , infidelity , blindnesse , enmity , malice , blasphemies , despite against our crucified saviour , and christianity ; which they manifested upon all occasions in publike and private by circumcising and crucifying chistian children , breaking the crucifix in oxford , and trampling it under foot in the midst of the universities soleme procession , and otherwise ; expressed at large in the forementioned records : as likewise in their extorsions , clipping and falsifying moneys , charters , usuries , frauds , rapes . murders , forgeries , very few of them turning christian converts , and that either to save their lives , or prevent some imminent dangers to their persons , families , estates ; and those of the poorer sort for the most part , to get a present livelyhood from the christians , who frequently turned apostates , or flagi●ious malefactors , to the scandal of religion . 8. that the jews here had their synagogues , schools , pries●s , presbyter and comptroller of their exchequer , escheator , cofferers , cyrographers , attornies , bayliffs , with their proper judges and court of exchequer , ( wherein only they were to be sued proceeded against , and by whom they were iudged ) their prisons , attachers , tax-masters , record-keepers , ordered in all things according as the king by his writs and letters directed . all which offices were appointed by the kings special patents , writs , whose names , powers , jurisdictions , salaries , together with their legal trials and proceedings of all sorts civil , criminal , the forms of their starrs , charters , extents of lands , assignments of debts , releases , reliefs , fines , with the names of the chiefest jews , are registred , and most clearly , fully related in the forecited records , and in no other printed history or law-book whatsoever . 9. that the jews were exempt from all other temporal and ecclesiastical courts and jurisdictions but the justices specially appointed for their custody , and the kings exchequer for the jews ; yea from all publike taxes imposed on the english , and could not be excommunicated by the masters of their law , without the kings special license . 10. that the iews usury was no ways countenanced nor approved , but generally condemned , and frequently released by our kings long before the statute de judaismo . which most infallibly appears to be made in 3 ed. 1. not in 18. * as sir edward cook very grosly mistook . and that the banishment of their usury by it , was not the cause of their voluntary banishment hence , as he most fondly conceited . 11. that the presbyteratus judeorum totius angliae , was not the high priests spiritual function , as * sir edward cook and others affirm , but only a temporal office and comptrolership in the kings exchequer of the jews . 12. that our kings and auncestors in times of popery made and published sundry excellent ordinances against the blasphemies , abuses of the jews ; and were very zealous , industrious to convert them to christianity , and carefull to maintain , support , confirm , and provide for them when converted in their domus conversorum ; that king edward the first remitted his right to all the goods of convert jews , ( by an unchristian usage confiscated formerly to the crowne by their very conversion ) allowing all converts the moity of their estates to maintain them , and granting the other moity of their estates , together with his deodands , and all forfeitures and chevages of the jews , for the support of the converts , and their house , chappel , chaplains ; yet very few of them were converted . 13. that king edward the 1 : in the 18 year of his reign , did by publike edict of parliam . actually banish all the jews out of england , except the converts , by a set prefixed day , beyond all contradiction , much against the jews good wills ; as i have undeniably proved by sundry records forecited here ; and by multitudes of historians , in my first * demurrer against sir edw. cooks grosse error . a truth so clear , that the very jews themselves ( as i am informed by those best versed in their manuscript antiquities ) do make special mention of this their banishment out of england in their chronicles ( in manasseh ben-israels custody ) taking their later computations of years from thence , as a time very remarkable and ominous to their whole nation ; and well might they do so , seeing learned mr. edward brerewood , in his enquiries , touching the diversities of languages and religions throughout the chief parts of the world , london 1614. c. 13. p. 92. assures us , that the first country of christendom whence the iews were expelled without hope of return , was our country of england , whence they were banished anno 1290. by king edward the first . ( by which example ) not long after they were likewise banished france , anno 1307. by philippus pulcher : only of all the countries of france , in the iurisdiction of avignon ( the popes state ) some are remaining . out of spain , an. 1492. by ferdinand ; and shortly after out of portugal , anno 1539. by emanuel . out of the kingdome of naples and sicilie anno 1539. by charls the v. ( as he there writes ) out of which sir edward cooke might have as well averred , they only voluntarily banished themselves , as that they voluntarily banished themselves out of england , with ut any special edict for their exile thence . what other particulars of lester moment concerning the jews occurre in these records , i have formerly touched in their respective places , and shall here omit . having thus compleated my judaismus anglicanus redivivus , if i may so stile it , or chronological collections of the historical and legal affairs of the english jews , out of the rich unknown magazine of our generally neglected , slighted precious old records ; which hugh peters , ( the great new-modeller , * reformer of our former lawes , liberties , government , kingdom , republike , church , religion , justice , law , merchandise , navy , the poor , and what not but himself ) out of his rash fiery zeal and transcendent ignorance , would now make all new martyrs , but yet be none himself ; for which end , in his good work for a good magistrate , london 1651. after his proposal of a short model for the law , p. 28. &c. he concludes with this advice , as a good work fit for his good magistrate , p. 33. this being done , it is very advisable to burn all the old records , yea even those in the tower ; the monuments of tyranny : that so his new whimsies only might be known and adored for our english lawes and monuments in all succeeding ages ; i shall therefore crave liberty to inform the world and this ignoramus , of the incomparable excellency , utility , necessity of preserving these records , which he hath so brutishly devoted to the fire , before he either knew their contents or worth , which our ancestors ( even in all former wars , revolutions ; as well as times of peace and settlement ) preserved with much care and cost , as the richest pearls , treasures , and jewels of the nation . to which i answer : 1. that all our wisest kings , parliaments , ancestors , statesmen in former ages had ever a special care to record all businesses of publike or private ocncernment , and to preserve our ancient records as the * choicest treasures , appointing special treasuries , places to preserve them in , and custodes r●tulorum , treasurers , chamberlains , registers , clerks to keep them safe from injury , corrupting and embezelling , and enacting many statutes for this purpose , witnesse not only the chests , cyrographers , officers and others forementioned , for keeping the records and charters of the jews and their rolls , but also 13 e. 1. c. 25. 30. 1 e. 3. c. 4. 5 e. 3. c. 12. 9 e. 3. c. 5. 6 r : 2. c. 4. 13 h. 4. c. 7. 2 h. 5. c. 8. 4 h. 6. c. 3. 8 h. 6. c. 12. 15. 10 h. 6. c. 4. 18 h. 6. c. 1. 9. 27 h. 8. c. 16. 32 h. 8. c. 28. 34 h. 8. c. 22. 28. 37 h. 8. c. 1. 2 e. 6. c. 10. 3 & 4 e. 6. c. 1. 1 & 2 phil. & mar. c. 2. 23 eliz. c. 3. 27 eliz. c. 9. 31 eliz. c. 3. 1 jac. c. 6. with other acts , and must they now , after all these statutes , be all made a burnt-of●ring unto vulcan , upon the crack-brain'd motion of an ignatian incendiary ? 2. the statute of 8 h. 6. c. 12. * still in force : ordains , that if any record or parcel of the same , writ , retorn , panel , proces , or warrant of attorney in the kings courts of chancery , eschequer , the one bench or other , or in his treasury , be willingly stolen taken away , withdrawn or avoided by any clerk or other person , by cause whereof any judgement be reversed ; th● such stealer taker away , withdrawer and avoider , their procurers , counsellors and abettors , being thereof indicted , and by process the●eupon made thereof duly convict by their own confession , or by enquest to be taken by legal men , whereof the one half shall be of the men of some court of the same courts , and the other half of other , shall be judged for felons , and shall incurre the pain of felons . and that the iudges of the said courts , of the one bench and of the other , have power to hear and determine such defaults before them , and thereof to make due punishment , as is aforesaid . and now hugh peters ( if i may be thy counsellor ) in sober sadnesse look to thy neck : which as thou hast oft indangered , forfeited by thy late fire-works , to blow up kings , kingdoms , parliaments , lords , our old fundamental lawes , liberties , government , ( as straffords , canterburies late impeachments , sentences , with mr. st. iohns and others arguments at their attainders , will resolve thee ) and thy open treasonable advising , abetting the seising , imprisoning of my self , and above 40 more members of parliament , in hell , on the bare boards , decemb. 6. 1648. ( whose names thou didst then list with an iron sword under thy arme , instead of the sword of the spirit : ) so this thy iesuitical project to burn all our old records , ( whereby all former judgement , titles , fines , recoveries , &c. will be nulled , reversed ) which thou publickly abettest , counsellest thy magistrate to effect in print ; proclaimes thee by thine own confession , without other evidence , a notorious felon within this act , in the highest degree . the burning , avoiding of all our records in general , being a more transcendent felony , ( yea treason , ) to the whole kingdom , nation , than the embezelling only of one or two private records or writs , relating but to one private person . and if ever thou be brought to a legal trial for it , before such a iury , and such iudges as this act prescibes , thou art sure to undergoe a halter-martyrdome at tyburne ; which all will cry up ( according to thy pamphlets title ) for a good work of a good magistrate , and a short cut to great quiet ; for thy devoting all our old records to a fiery martyrdom in smithfield ; which i trust they shall never undergo ; and that upon these ensuing weighty considerations , first , these old records which he would have burnt , contain in them all the antient rights , titles , evidences , charters , agreements , leagues , compacts of the kings , kingdom , nation and people of england , to all their pristine and present dominions , jurisdictions , prerogatives ▪ preheminences , priviledges , hereditaments and enjoyments , both at home and abroad , by land and by sea , as they are a kingdom , nation , republike & body politick in general ; and that both in relation to themselves and their own intrinsecal affairs at home & as they have been , owned , reputed , negotiated , treated with upon special occasions as a kingdom , nation , republike , by any forraign kings , princes , kingdoms , states ; whose ancient undoubted rights , titles to all or any of our dominions , territories , jurisdictions , royalties , cannot otherwise be legally cleared & judicially evidenced upon any emergent occasion or controversie between our kingdom , nation and other forraign states and realms , or between our selves at home , but by our old records , the only publike evidences of the whole kingdom and english nation , as necessary to defend , maintain , justifie their common publick rights , dominions , possessions , jurisdictions , claims , priviledges upon all occasions , as any private noble or gentlemans ancient charters , records , writings are to defend , manifest his right and title to his private inheritance and injoyments ; witnesse the * famous letter of the king , parliament and nobles of england , written and sent to the pope , anno 1302. to clear the subordination of scotland to the crown of england , and the homage of the kings of scotland made for their kingdom to the kings of england as their superiour lords from time to time , manifested by the ancient histories and records of england beyond all contradiction ; mr. selden his mare clausum , proving the dominion and jurisdiction of the kings of england over the narrow seas by records , and sir robert cottons posthuma . therefore it must necessarily be as bad and mad a worke , for a bad and mad magistrate to burn all the publick evidences and records of the whole kingdom and nation , ( upon the frantick motion of a bedlam in this particular ) as for a great landed nobleman to burne all the old charters , evidences of his lands and honors ; or for a rich usurer to burn all his bonds and morgages , which all wise men will repute an act of frenzy , and hugh peters too in his right senses . 2. they contein in them all the great publike charters , contracts , agreements , leagues , formerly granted or made by the kings of england , to or with the prelates , earles , barons , freemen , commons of england , ireland , scotland , wales , gernsey , iersy , man , and all other isles and dominions belonging to the crown of england in general : all charters , patents grants , contracts , writs , releases , gifts , pardons , offices , honors , liberties , franchises , customs , priviledges , faires , markets , inheritances , rents , revenues , licences , compositions formerly granted by our kings to the respective counties , cities , towns , burroughs , villages , hundreds , arch-bishops , bishops , deans , chapters , prebends , abbies , priories , nunneries , colledges , hospitals , free-schools , universities , great officers , chancellors , generals , admirals , marshals , justices , nobles , gentlemen , citizens , merchants , societies , fraternities , most private persons both in england , ireland , wales , scotland , all the british isles , and other territories anciently belonging to england . all whose particular patents , grants , evidences though under seal ( if alleged to be false , forged , sophisticated ) must be tryed only by their exemplifications or inrollments on record . they likewise comprise all the judgements , fines , common recoveries , verdicts , trials , suits , statute merchants and staple , recognizances , inrolments , yea in any of the private conveyances , contracts between our kings and private subjects , and one subject & another . what a universal confusion , subversion then disinherison , destruction of all rights , titles , interests , inheritances , priviledges , the burning of all our old records would immediatly bring upon all and every county , city , corporation , nobleman , gentleman , inheriter , freeholder of the realm of england , and all the subordinate dominions thereto annexed , let this short cutter himself , and all wise men determine , who hold or claim any thing by matter of record , their best and surest evidence . 3ly . all the good old laws , statutes for the governme●t , peace , safety , defence and wellfare of the nation are originally conteined in our records , by which they must be tryed , examined . yea all the perambulations and deafforestations of our forrests , all the limits , bounds , extents , contents , jurisdictions , customs , priviledges , tenures , rents , services of all counties , cities , burroughs , ports , honors , mannors , parishes , courts of justice , offices , officers civil , military , ecclesiastical , marine , all the pedegree ▪ , discents , successions ( by which all heirs , successors hold or claim their inheritances ) are for the most part defined , ascertained , evidenced , proved in and by our records alone , wherein they are enrolled : and if they should all be burnt together , what ataxies , confusions , contentions , oppressions , suits , quarrels , frauds , disinherisons would thereupon immediatly ensue , all wisemen may prognosticke . the mighty nymrods and grandees of the times wil then soon question al mens titles , devour their lesse potent neighbours estates , inheritances adjoyning near to theirs ; all potent landlords will exact what services , rents , customs , heriots , releifes they please from their poor tenants : all superiour , inferiour courts , officers , corporations claim , exercise what extravagant jurisdictions , powers they think meet , and all legal means of defending mens rights , liberties , inheritances against malitious , potent , vexatious adversaries , will be utterly abolished by salt peters new firework to burn all our old records to ashes . 4ly . whereas this ignoramus in our records ( the most whereof he never yet saw , and cannot so much as read ) produceth this only reason for their burning , that they are the monuments of tyranny ; i would demand of rhis bold blind bayard ( who judgeth of coulors he never yet saw ) how he can make good this notorious untruth ? the greatest part of our records are the two great charters of the liberties of england , and the forrest , or sundry subsequent confirmations of them in several parliaments : the good old laws , statutes , ordinances made by our wisest kings , nobles , commons upon long advise and serions debates in our english parliaments , for the government , peace , defence , wellfare of the people ; the proceedings , debates , judgements ; resolutions of our sagest parliaments , judges , courts of justice , in all matters , cases , publike , private , civil or criminal , formerly debated or resolved in them . old charters , commissions ; patents , writs , concords , fines , recoveries , statutes , judgements , extents , indictments , offices , grants of liberties , lands , franchises , fairs , offices , pardons to particular persons & corporations ; all matters advancing the defence of the realm by land and sea in times of danger , war , according to the ancient laws and customes of the realm : negotiations , truces , leagues with , embassies , letters to & from forain stares ; all particulars concerning merchants , merchandise , trade , coyn , bullion , measures , weights , wools , staples , ships , and the like . now how all or any of these can be stiled monuments of tyranny , let this lindsy-wolsy great clerk demonstrate at his best leasure . besides , i here averr , ex certa scientia against this imposture ; that most of our old records ( especially in the tower are so far from being monuments of tyranny , that on the contrary , they are the chiefest badges , the clearest evidendences of those good old english liberties which our noble ancestors claimed , purchased , and transmitted to us as our richest birthrights , yea the principal bulworks fences against all sorts of tyrannical usurpations , encroachments on the peoples liberties , rights , properties , in any kind whatsoever . to put this out of controversie , i shall appeal only to the many excellent * old records produced & most insisted on by the commons and others in the several parliaments of 7 , 8 & 21 jacobi , and 3 , 4 , 17. caroli against all impositions , tunnage , poundage , customs , excises , loans , taxes , demanded , imposed and exacted from the subject , without common consent and act of parliament : against imprisoning subjects by king or council table , without any legal cause expressed in the warrants , and not bailing them in such cases : against shipmoney , court and conductmoney , the bishops late canons and oath , commissions for executing martial law in times of peace , impressing and billiting souldiers , the commissions of array , with other late grievances , monopolies , and the arbitrary proceedings of strafford , canterbury , the old council table , star-chamber and high-commission , printed in sundry treatises , in sir edw. cooks 2 & 4 institut . sir robert cottons posthuma , and in my legal , historical , vindication and collection of the good old fundamental liberties , &c. of england . to which i shall refer the reader and hugh peters : who if he had st. augustines ingenuity , hath as much cause and more than he , to write a book of retractations , especially of this his rash sentence passed against our old records , devoting them to the fire , which his and others new-modles better deserve than they . now that i may the better excite , encourage all generous english spirits ( especially lawyers , statesmen , historians , heralds , and divines who have opportunity ) not only to the diligent preservation , but inspection , study , perusal of our ancient over-much neglected , sleighted records , so rashly devoted to the fire by peters , i shall in brief acquaint each of them , what hidden treasures and rare precious pearls are locked up in these old parchment cabinets . 1. all grounded students and professors of the law , upon diligent search , may find in our old records the several writs of summons for our archbishops , bishops , abbots , priors , dukes , earls , viscounts , barons , citizens , burgesses , merchants , and all other members to our ancient english parliaments , great councils of state , synods , convocations , with the several prorogations , adjournments , dissolutions of them , & for knights and others wages . the speeches , proceedings , petitions , debates , consultations , orders , ordinances , statutes , judgements , pleas , demands , grants , or refusals of aides , subsidies , with all transactions , resolves concerning peace , war , government , trade , merchandise , bullion , coyn , weights , measure , purviances , customes , tunnage , poundage , imposts , fishing , shipping , defence of king or kingdom by land or sea , liberties , priviledges , properties , regulation of abuses , supplies of defects of law , justice , and all other matters formerly discussed in our english parliaments . which if faithfully transcribed and methodically digested into a parliamentary chronicle , would for rare usefull matter , excellency , certainty far exceed all histories , statute-books , law-books , chronicles ever yet compiled , rectifie many grosse mistakes in most of them , and make more able , knowing lawyers , judges , parlamentmen , statesmen , than former ages have produced . besides the old records , in the respective treasuries of the tower , courts at westminster , and the rolls , faithfully relate at large the institutions , jurisdictions , procedings , judgements , writs , formalities , debates , commissions , law-cases , judges , officers names , customes , fees , of all the great courts of law , justice , equity ( civil , ecclesiastical , military , marine ) justices itinerant , justices of the forrest , justices of assize , oyer and determiner , & of most other inferiour courts and commissioners both in england , wales , ireland , scotland , gascoyne , normandy , poyters , the isles of man , gernsy , iersy alder●y , serk , silly , and other isles ; the stanneries in cornwall , and in most corporations , counties , hundreds , honors , mannors in them . record all sorts of commissions , charters , writs , warrants , instruments relating to law , iustice , trade , peace , war. the courts jurisdictions priviledges , mannors , lands , fees , rents , exemptions , liberties , royalties , tenures , services , customs , offices , successions , pedigrees of the kings , princes , queens , archbishops , bishops , deans , chapters , cities , corporations , fraternities , guilds , nobility , gentry , freeholders of england , ireland , wales , scotland , and all dominions , isles annexed to them , with sundry other particulars necessary for an accomplished lawyer : out of which industrious lawyers , ( if countenanced by authority , and encouraged by a a publike salary ) might collect such a rare new body and systeme of the laws , customs , courts , and ancient legal proceedings in all the courts of justice throughout our dominions as would as far excell all other abridgements , collections , reports , institutes , registers , law-books , hitherto published , for use , excellency , as the richest diamond exceeds the basest pibble , and bring more honour , benefit to the english nation , than all the shepheards calenders , and new-corps or models of our old english laws , attempted by hugh peters , sword-men , and some bold illiterate ignoramusses of the law , who neuer yet perused any of our old records , nor read over half our english law-books , and yet will be reformers ( or deformers rather ) of what they never exactly knew not understood . in brief , the exact knowledge of our records will furnish industrious lawyers with such rare usefull materials of all sorts , for the publike service of their native country , upon all emergent occasions , the benefit , information of their clyents , the honour of their profession , and their own reputation , advancement , profit , as will enable them to outshine all others of their robe unversed in the records , as far as the sun and moon outshine the lesser stars , which lose all their borrowed splendor when they once appear in place . witnesse mr. noy , mr. selden , mr. littleton , and some other lawyers of late times , whose real , and i shall clo●e up all with some scripture-texts discovering the excellent use , benefit of old records , and what ●igh esteem the wisest kings in the old , and paul himself in the new testament had of them . the first text i shall cite , gives 〈◊〉 a true character of the jews seditions carriage , then manifested by records . exra 4. 14 , 15. now because we are salted with the salt of the palace , and it was not meet for us to see the kings dishonour : therefore have we sent and certified the ●ing , that search may be made in the books of records of thy fathers ; so shalt thou find in the book of the records , and know , that this city is a rebellious city , and 〈◊〉 unto kings and provinces , and they have moved sedition within the same of old times , for which cause was the city destroyed : which appeared true upon search made in the records : vers . 19. 20. esther 6. 1. on that right could not the king sleep , and he commanded to bring the book of kecords of the chronicles . and they were 〈…〉 the king. neh. 12. 22 , 23. the levites in the days of eliashib , joiada , &c. were recorded chief of the fathers ; also the priests to the reign of 〈◊〉 the persian : the so●● of lev● the chief of the fathers were recorded in the books of chronicles , &c. 〈…〉 when thou comest bring with thee the books , but especially the parchments : which the 〈◊〉 translators 〈◊〉 membranas , 〈◊〉 parchment rolls upon which words theodoret , oecume●us and others thus comment ; maxime membranas , * membran●s latina magis voce , volumina , sive chartas volubiles appell●●● la complicatis enim & involutis chartis habebant olim quae ad divinam spectant scripturam quemadmo●um etiam 〈…〉 iudaei plurima habent . if then all our parchment membranaes , rolls , records , must be burnt , hugh peters and his good magistrate , to accomplish this good work must first burn the old original parchment membranaes & rolls of the old and new testament ( the ancientest of all others ) which st. paul was so carefull to preserve , and then those of the kingdom next ; and whether this will be a good or christian work , for a good or christian magistrate or minister , let all sober men resolve : seeing it will totally deprive us of all sacred all civil antiquities and records , and be matter of greatest rejoycing advantage to our common romish enemies and the jesuites the original projectors of this infernal ●esuitical designe and practice , as ludovicus lucius hist . iesuiticae l. 1. c. 6. p. 144. manifests & records . what therefore our saviour himself concludes of old wine , that will all learned , discreet , sage men determine of our good old english laws , liberties , records compared with hugh peters and others new models , instruments , papers relating to the publike . lu. 5. 39. no man having drunk old wine streightway desireth new for he saith the old is better . finis . errata and omissions . kind reader , take notice , that the ●ecords of edw. 1. being transcribed before the later of king john and those of henry the 3d. and printed at guess before them , they amounting to above double the sheets conjectured , thereupon from c. p. 13. to h. p. 53. the folioes only are figured , and some sheets altogether without figures . wherefore i shall desire thee to page them all with thy pen , from p. 13. to p. 53. that so thou maist the better correct those few errataes which have escaped the press in some copies , here noted as if they had all been paged in order . in the epistle : p. 2. l. 27. read endeavorer . in the book , p. 3. l. 32. priesthood r. 〈…〉 p. 11. l. 33. together , p. 13. l. 6. preceding , p. 16. l. 1. 〈◊〉 in , l. 14. statutes , p. 18. l. 30. thus , p. 20. l. 3. franket . p. 24. l. 13. placia , p. 25. l. 32. lucro . p. 27. l. 37. r. victualia , et si quem inveneritis quae deneget eis victualia , &c. p. 34. l. 36. i find , p. 37. l. 10. reddendam , p. 28. l. 36. but , then . p. 43. l. 1. jews chattels , p. 44. l. 37. ●erminis , p 49. l. 14. marcar . p. 52. l. 28. goods , r. bonds , p. 68. l. 15. r. nisi in , l. 21. solum , folutis , p. 75. l 5. intersit , p. 76. l. 18. execu●us , l. 33. names too , p. 81. l. 1. priestly office only , p. 83 l. 1. dele as , p. 90. l. 2. earundem , p. 97. l. 11. falvos , p. 102. l. 1. quam aliunde , p. 104. l. 4. there . p. 108. l. 7. the jews , p. 119. l. 8. quaerelis , p. 122. l. 3. pro , per , now follow the errata after h. as the pages are printed , p. 54. l. 17. r. de , p. 55. l. 20. r. iudaei in , l. 23. quidam , p. 54. l. 13. exequuntur , p. 64. l , 10. 23. r. 53. p. 65 , l. 37. mandatum , p. 82. l. 19. indictati , l. 21. ●●●●ecerunt , l. 27. in . r. nec , l. 33. r. judaeis metum , p. 92. l. 29. continue , p. 94. l. 9. ed●nono . l. 28. conversi , p. 105. l. 18. alio , l. 31. and , as , p. 108. l. 19. recto , l. 36. converts , p. 109 l. 1. fidelibus , p. 110. l. 19. in the , of his , p. 114. l. 22. ipsis , l. 10. dele et , p. 115. l. 19. causa , ausa , p. 116. l. 30. competentur ▪ p. 196. l. 19. dele law. margin . p. 36. 1. claus . 19 h. 3. p. 41. l. 1. r. 20 h. 3. p. 43. l. 7. r. claus . 25 h. 3. p. 114. l. 1. claus . 53. h. 3. h. 3. p. 89. l. 6. conversorum . notes, typically marginal, from the original text notes for div a91270-e290 * page 35 , 36 , 37 , 38 , 40 , 41. * page 19 , 20 , 21 , 22 , 41. notes for div a91270-e860 a pars 2. pat. 1. e. 2. n : 10 walsingh . hist . ang. p. 68. to 76. 97. to 108. ypodigm . neustriae , p. 100 , 104 , 105. 108. &c. grafton , fabian , speed , holinshed , stow , daniel , baker , in ed. 2. claus . 5. e. 2. m. 15. et dors . 7. claus . 15. e. 2. m. 24. & 14. sched . & dors . 32. b rot. chart . part . 1. r. johan . n. 28. chart. 171. c in his pilgrimage , edit . 3. 1617 , l. 2. c. 10. sect . 7. p. 172. in his pilgrims , l. 9. c. 5. sect . 1. p. 1441. in the margin . d 2 instit . p. 508. e a short demurrer , p. 1. to 16. f chart. 1 johannis , pars 1. n. 50 , rot . 28. g a short demurrer , p. 2 , 3. h cart. 2. johannis : num . 49. carta judaeorum angliae . i cart. 2. johannis . n. 53. confirmatio judaeorum de libertatibus suis . * annal pars post. p. 604. see the first part of a short demurrer , p. 3. k hist . augliae , anno 1213. p. 243. * page 16. l pat. 6. iohan . num 7. dorso . pat. 6 johan . 〈◊〉 . 7. intus . m hoveden , annal. pars posterior , p. 745. n se● purchas pilgrimage l. 2. c. 10. sect . 7. * fines ● ioh. 〈…〉 . * fines 6. joh. m. 6. suthantes ss . * pat. 5. joh. regi . m. 7. n. 18. * fines 6. jo. reg. m. 3. warwic . * claus . 7. joh. reg. m. 26. * claus , 9. joh. reg. m. 5. * claus . 9. jo. reg. m. 6. * fines 6 joh. reg. in 2 dors . * fines 9 joh. reg. m. 5 * patents 10. job . r. m. 5. linc. ss . * claus . 15. jo. reg. m. 3. * claus . 15 jo. reg. m. 2. * claus . 15. jo. reg. m. 3. * see my first demurrer p. 1 * pat. 15. jo. reg. pars 1. m. 20. * pat. 16 joh. reg. dors . 15. an. dom. 1215. * claus . 18. jo. reg. m. 24. * pat. 1. h. 3. m. 8. d● judaea deliberanda . * ibidem . * ibidem * claus . 2. h. 3. pars 2. m. 10. de custodia judaeorum gloc. * claus . 2 h. 3. pars . 2. m. 9. pro judaeis linc. * pat. 2. h. 3. m. 3. de justic . iudaeorum . * whom they suceeded . * pat. 2. h 3. pars 1. m. 3. 2 claus . 2 h. 3 ▪ in . 10. dors . * fine 2 h. 3. m. 7. * claus . 2 h. 3. part 2. m. 2. claus . 3. h. 3. pars 1. m. 12. claus . 4. h. 3. m. 13. * claus . 3. h. 3. pars 2. m. 2. de domibus judaeorum glouc. o pat. 3. h. 3. pars 2. m. 6. ● . ● . * pat. 3. h. 3. m. 6. de debitis judaeorum . * pat. 3. h. 3. 〈◊〉 . 6. * pat. pars 2. an . 3. h. 3. m. 1. * claus . 5. h. 3. m. 17. de dom. judaeorum . * 7. h. 3. part 2. m. 29. dors . * fines 7 h. 3. m. 2. pars 1. ebor . * ibid. kanc. * claus . 9. h. 3. pars 3. m. 7. * claus . 10. h. 3. m. 3. de qu●dam fine in judaismo tenendo * claus . 11 h. 3. m. 21. * claus . 14. h. 3. m. 14. ●e judaeis ●ustodiend . in turre london . * claus . 15 h. 3. m. 16. dors . * claus . 16. h. 3. m. 7. de domo cujusdam judaei in london dato rico. capellae . † fines 16 h. 3. pars 1. m. 7. ibid. m. 7. * pat. 17. h. 3. m. 6. pro judaeis angliae . t claus . 18. h. 3. m. 16. see cartae & 18 h. 3. 〈…〉 apud vvallingford in octabis sant● trinitatis , ro● . 1. dors . & rot . 10. 11. † claus . 19. h. 3. pars 1. m. 21. de judaeis . * claus . 19 h. 3. pars 2. m. 23. de judaeis mittendis usque london . † first demurrer , edit . 2. p. 19. 20. 21. * fines 19. h. 3. m. 15. norw . de respectu judaeis iudaeorum norwic . * clau● . 19. e , 3. pars 1. m 9 , dors . de judaeis . * claus . 19. h. 3. pars 1. m. 23. de jud●eis avendis de vvicham . claus 29. h. 3. m. 24. fines 19. h. 3. m. 3. * ibid. m. 12. * pat. 19. h. 3. m. 14. pro aaron j●daeo ebor . de quietant tallagii first demurrer p. 25. edit . 2. * fines 20 h. 3. m. 13. * claus . 20. h. 3. m. 10. de pardonatione usurae . ibid. m. 10. de junaeis non remanend . in suthampt. sine speciali praecepto regis . claus . 20 h. 3. m. 10 de extinctu sacienda . † claus . 21. h. 3. m. 18. pro aaron judaeo ebor. 2 institutes p. 507 , 508 * purchas pilgrimage edit . 3. l. 2. c. 10. sect . 7. & pilgrims l. 9. r. 5. sect . 1. p. 1441. † church hist . ● l. 3. p. 84. 85. * see pat. 41. h. 3. m. 4. * claus . 21 h. 3. pars 1. m. 19. * pat. 21. h. 3. m. 6. pro aaron judaeo . * claus . 21 h. 3. pars 1. m. 22. pro judaeis oxon deliberandis . † claus . 22. h. 3. m. 18. de judaeis deliberandis . † claus . 22. h. 3. pars 1. m. 17. de terra extendenda , & claus . 22 h. 3. pars 2. m. 9. fines 23. h. 3. m. 3. claus . 22 h. 3. m● 10. dorso . fines 23 h. 3 pars 1. m. 20. dors . * 2 h. 3. c. 5. † fines 23 h. 3. pars 2. m. 11. † ibid. m. 9. pro quibusdam iudaeis . claus . 24 h. 3. pars 1. m. 10. * claus . 24. h. 3. pars 1. m. 17. * claus . 27 h. 3. dors . 19. * claus . 25. h. ● . dors . 20. d● tallagio iudetum colligendo . † claus . 15. h. 3. dors . 9. claus . 25 h. 3. m. 9. de judesi . * ibidem m. 5. de judeis . * ibid. m. 6 , * claus . 25 h. 3. roll m. 8. pro judaeis . claus . 25 h. 3. m. 6. * claus . 25. h. 3. m. 13. dorf . * claus . 25. h. 3 m. 9. dorso . claus . 26. h. 3. pars 2. m. 9. pro samaritano judeo . * ibid. m. 7. * claus . 26. h. 3. pars 2. m. 7. * claus . 26. h. 3. pars 2. dors . 8. * claus . 26 h. 3. pars 1. m. 19. de judeis removend . ab uno loco ad alium . * claus . 26. h. 3. pars 1. m. 3. * claus . 27. h 3. pars 2. m. 2. pro martin● converso . * claus . 27. 〈◊〉 2. pars 2. m. 9. * claus . 27 h. 3. m. 10. 9. 5. schedula p. 1. * claus . 27 h. 3. pars 2. m. 3. * claus . 21 h. 3. pars 1. m. 18. here p. 25. * claus . 27 h. 3. pars 1 , m. 6. pro abrah . judaeo berkhamsted . claus . 28. h. 3. m. 6. pr● judeis . claus . 28. h. 3. m. 17. claus . 2● . h. 3. m. 17. * claus . 28. h. 3. m. 1. dors . claus . 28. h. 3. m. 4. dors● . * claus . 29 h. 3 m. 2. ibid. * claus . 29 h. 3. m. 18. * claus . 29. h. 3. m. 17. de judaismo . claus . 29. h. 3. m. 19. pat. 30. h. 3. m. 1. pro judaeo * claus . 30 h. 3. pars 1 m. 9. * claus . 30. h. 3. pars 1. m. 10. pr● iudeo . claus . 30. h. 3. pars 2. m. 4. claus . 30. h. 3. pars . 1. m. 10. pro judeis . * claus . 32 h. 3. pars 1. m. 9. pro quodam judeo . * ibid. m. 9. * ibidem m. 9. pro aaron judeo ebor. * ibid. m. 10. pro judeis cantebr . * ibid. m. 11. * claus . 33 h. 3. pars 1. m. 1. pro roberto de munteny . † claus . 33 h. 3 pars 1. m. 7. pro judeis . * ibidem m. 7. pro quodam judeo . † ibidem m. 8. * ibidem m. 10. * patent 33. h. 3 m. 3. pro aar . fil . abr. judaeo . * fines 33. h. 3. m. 7. * fines 33. h. 3 m. 3. de ta●lag●● super judeos ebor. ibidem pro judaeis . * fines 34 h. 3. m. 2. pro judaeis . fines 34 h. 3. m. 2. pro salmone episcopo judeo london . † claus . 34. h. 3. m. 19. dorso † claus . 34. h. 3 m. 11. dorso . * pat. 34 h. 3. m. 3. * claus . 35. h. 3. m. 7. pro reginaldo de salinis valetto regis . * claus . 25 h. 3. m. 5. pro quaedam judea & pueris suis . * claus . 35. h. 3. m. 7. de tallagio judeorum regi reddendo . * de auro emendo ad opus regis de denariis judaismi * claus . 35 h. 3. m. 11. pro judaeis . * claus . 35 h. 3. m. 5. dorso . * claus . 36. h. 3. m. 6. * ibid. * pat. 36. h. 3. m. 11. * pat. 36. h. 3. m. 10. pro aaron de ebor. m 1. 1 * claus . 36. h. ● m. 7 , 8. claus . 37 h. 3. m. 20. † claus . 36. h. 3. m. 24. pro judeis . * claus . 36. h. 3. m. 26. pro quadam judea . † claus . 36. h. 3. m. 7. de quib sdam judeisu uassignatis ad a ssidend . tallagium super communitate judeorum . * claus . 36. h. m. 32. dors . † claus . 36. h. 3. m. 26. dorso . * claus . 36 h. 3. dorso 22. * ibid. dors . 14. * claus . 37. h. 3 m. 6. pro judeis angliae . * ibid. m. 7. * claus . 37. h. 3. m. 7. * claus . 37. h. 3. m. 13. pro judeo . * ib. m. 17. 19. * claus . 37 h. 3. m. 18. pro judeo . * claus . 37. h. 3. m. 18. de provisione facta per regem de iudeis angliae . * synagogae are here meant by scolae . * pat. 39. h. 3. m. 2. dorso . * see claus . 39. h. 3. m. 3. pro aaron de ebor. iudeo . to discharge him hereof for his poverty . * claus . 39. h. 3. m. 13. de archis iude●rum * so it was noted when i read it , though mistaken in the year . * s●e first demurrer , edit . 2. p. 29 , 30 , &c. † pat. 40 h. 3. m. 5 de domibus quorund . iudeorum vendendis . † see mat. pa●●● , p. 622. first demurrer , p. 33 * pat. 40. h. 3. m. 18. pro joh. converso . * claus . 40 h. 3. pars 1. do●s . 16. * claus . 40 h. 3. pars 1. m. 15. de justic . constit . ad custodiam judeorum . * ibidem dors . 9. pro judeo . † hist . angl. p. 888. see my first demurrer , p. 28. * pat 41. h. 3. m. 4. no. 6. pro communi●ate judaeorum angliae . * episcopus here , i conceive to be a surname , as le eveske , the same in french , and bishop then was , & at this day is both amongst the jews , french and english , not a name of office , as is generally mistaken . * here f. 3. 23. b. * pag. 28. 29. * hist . angl. p. 887. 902. * pat. 41. h. 3. pars 1. m. 8. ibid. m. 13 & 17. † ibid. m. 17. pro roesia crespin iudea . * claus . 41 h. 3. m. 6. * claus . 41. h. 3. pars 1. m. 12. pro quibusdam judeis . ibidem . see claus . 56. h. 3. m. 3 , 4. * claus . 42 h. pars 1. m. 13 pro judeo . * fines 42 h. 3. m. pro communitate judeorum . * claus . 42. h. 3. dors , 6. pro iudeis . * ●ines 43. h. 3. m. 10. pro iudea russel . * pat. 43. h. 3. m. 4. de districtione fac . super judeos * pat. 43. h. 3. m. 15. pat. 44. h. 3. pars 1. m. 7. pro cok. fil . aaron iudeo london , & fratre suo . claus . 44 h. m. 14. 17. † claus . 45 h. 3. pars 1. m. pro rege de iudaismo . * pat. 45 h. 3. m. 3. † pat. 45. h. 3. dors . 9. † pat. 45. h. 3. m. 13. * claus . 45 h. 3. pars 1. m. 11. pro custodia turris london . * ibidem m. 17. pro cresseo iudeo wilton . * † ibidem dors . 15. pro denar , de judaismo mittend . ad regem . * fines 46 h. 3. m. 14. * fines 46 h. 3. m. 13. * pat. 46. h. 3. m. 14. 15. * pat. 46. h. 3 m. 19. dorso . † claus . 46 h. 3. pars 2. m. 2. pro hanekino de flem. et sosio suo judaeis . * claus . 46. h. 3. pars 1. m. 4. * claus . 46. h. 3. pars 1. m. 19. dorso . * cart. 46. h. 3 m. 4 de feodis judeorum * pat. 47. h. 3 m. 9. * claus . 47. h. 3. m. 12. &c. pro ma●uel judeis . * † pat. 48. h. 3. is . 11. pro judeis winton . * † pat. 48. h. 3. m. 12. pro iudeis northamp . * † pat. 48. h. 3. m. 12. pro judeis london . * see stowes chron. p. 220. the first demurrer . edit . 2. p. 35. * fines 48. h. 3. m. 1. see fines 49. h. 3. m. 6 , 7 , 8 , 9 , 10. where are more presidents like this * claus . 49. h. 3. m. 4. de quibusdam judeis habendis coram iust . ad custod . iud : ●ssign . * cla●s . 49 h. 3. m. 4. de judaisme capiend . in manum regis . * fines 49 h. 3. m. 1. * fines 49 h. 3 m. 6 , 7 , 8 , 9 , 10. * claus . 50 h. 3. m. 1. * claus . 50 h. 3. m. 2. † ibidem , pro aaron le blund judeo . † claus . 52 ▪ 3. m. 5. pro hagio fil . mossei judeo . * claus . 50 h. 3. m. 10. pro judeis angliae de statu suo recuperando . * patents 50 h. 3. m. 6 , 8 , 20 , 25 , 31 , 34. 41. * pat. 50 h. 3. m. 21. pro judeis london . * pat. 50. h. 3. m. 38. † pat. 50. h. 3. m. 21. de rotulis et brevibus iudaismi commissis . * pat. 50. h. 3. m. 34. 33. 38 , 41 , 42 , 44. † pat. 50. h. 3. m. 46. † pat. 50. h. 3. m 42. pro hagino judeo london . pat. 51. h. 3. m. 10. pro diversis iudeis . * pat. 51. h. 3. m. 30. * pat. 52. h. 3. m. 6. p●o hag●o fil . magistri mossei judeo london . * pat. 52. h. 3. m. 13 , 16 ▪ 30 ▪ 31 , 32 , 33 , 34 , 36. * pat. 52. h. 3. m. 26. † pat. 52. h. 3. m. 34. † ● † claus . 52. h. 3. m. 4. † ibid. m. 6. * ibidem 10. † placita hilarii anno 52 ▪ h. 3. rot 5. * ibid. rot . 6. in dorfo . ibid. rot . 7. * ibid. rot . 7. in dorso . * ibidem rot. 8. * ibidem rot . 8. * 〈◊〉 tottles 〈◊〉 charta 〈◊〉 ▪ and 〈◊〉 ●art 〈…〉 , edit . 2. 〈◊〉 ●6 . * placita hill. an. 52. h. 3. rot 9. * ibidem . m. 9. * ibidem dors . * claus . 53. h. 3. m. 12. de duabus crucibus de bonis et catallis judeorum oxon. faciendis . * claus . 53. h. 3. m. 10. de cruce marmorea erigend . in placia scholar . de merton . oxon. de quadam cruce portatili eisdem liberand . in domo sua . * claus . 53 h. 3. pars 1. m. 6. de fine facto per judeis angliae . pat. 53 h. 3. m. 12. * claus . 53 h. 3. pars 1. m. 6. * claus . 53. h. pars 1. m. 13. de compot . justic . ad custod . jud. assign . audiendo . * claus . 53. h. 3 pars 1. m. 8. dorso . * claus . 5. h 53 3. pars 1. m. 10 dorso , and pat. 53. h. 3. m. 25. dors . * claus . 54 h. 3. pars 1. m. 8. dorso . † pat. 54. h. 3. pars . 1. ● . 16. pro ja●obo judeo , & gal● . de lukenor . * pat. 54 h. 3. m. 1. pro edmundo fil . regis & aaron judeo . * pat. 54. h. 3. m. 7. * pat. 54. h. 3. m. 3. pro cresse fil . mag . mossei iud. london . * pat. 54. h. 3. m. 18. pro iudeis winton . * claus . 54. h. 3. m. 2. 7. * ib. m. 6. * ib. m. 6. * pat. 55. h. 3. m. 4 , 5 , 11 , 14 , 15 , 16 , 17 , 28. 29. * pat. 55. h. 3. m. 29. pro aaron fil . vyn . * pat. 55. h. 3. m. 12. de judaismo angliae . * claus . 56. h. 3. m. 1. 7 , 8 , 9 , sched . m. 13. * claus . 56. h. 3. m. 4. 7. * claus . 56. h. 3. m , 3. * pat. 56 h. 3. m. 15. pars 1. pro conversis london . * patents 56. h. 3. pars 1. m. 19. de inquirendo de redditibus conversorum london , & eisdem redditibus pauperioribus conversis assignandis . † pat. 56 h. 3. pars 1. m. 17. * pat. 56. h. 3. pars 1. m. 19. * pat. 56. h. 3. pars 1. m. 10. * claus . 57. h. 3. m. 11. [a] claus . 1. e. 1. m. 10. de justiciariis judaeorum . b see the 1. part of the demurrer , p. 14 , 15. hoveden . annal. pars posterior . p. 745. * claus . 1. e. 1. m. 9. * claus . 1. e. 1. m. 7. dorso de judaeis de burges . * patent 1. e. 1. m. 18. de debitis levandis . * claus . 1. e. 1. m. 7. dorso . de judaeis angliae inhabitantibus villas . * claus . 1. e. 1. m. 9. pro lumbardo de krikelad . judaeo . c patent 2. e. 1. m. 5. de tallagio judaeorum levando . [d] pat. 2. e. 1. m. 3. de arreragiis tallagii , super judaeos assist , levandis . nota. e see the first part of the demurrer edit . 2. p. 46. to 64. [f] claus . 2. e. 1. m. 2. pro magistro elia filio magistri mossei judaeo london . g claus . 3. e. 1. m. 8. h claus . 3. e. 1. m. 12. pro rege de judaeis . i ibidem . m. 12. pro hako , fil . roes judaeo . k claus . 3 e. 1. m. 13. l claus . 3. e. 1. m. 16. de debitis regis levandis . m claus . 1. e. 1. m. 17. de tallagio judaeorum levando . u claus . 3. e. m. 19. pro willielmo fil . robert. de middleton . o claus . 3. e. 1. m. 21. pro magistro elia fil . mossei judaei london . * 2 instit . p. 206 ▪ * rot. pat. an. 3. e. 1. m. 14. 27. 20. william middleton reddie compot . p pat. 3. e. 1. m. 4. de licentia vendendi debita . q pat. 3. e. 1. m. 17. * claus . 3. e. 1. m. 13. pro alinora regina angliae consorte regis . r claus . 3. e. 1. m. 23 , de rotul . scaccarii judaismi scrutandis . ſ ibid. m. ● pro w. de appledresfeld . t ibid. m. 23. pro eodem willo . &c. u the first part of my short demurrer . edit . 2. p. 35. to 42. * 2. instit . p. 506 , 507. y claus . 4. e. 1. m. 8. pro gamaliele de oxon. judaeo * nota. z claus . 4. e. 1. m. 11. pro gamaliele de oxon judaeo . * nota. * nota. * nota. a 2 instit . p. 506. 507. b claus . 4. e. 1. m. 7. pro benedicto de winton judaeo . c claus . 4. e. 1. m. 7. pro magistro elia , &c. et gamal . judeis london . d pat. 4 e. 1. m. 9. pro will. de middleton . e pat. 4. e. 1. 14. de clavibus vicessim . & tallagii judaeorum liberandis . f pat. 4. e. 1. m. 9 de r●●ulis & brevibus judaismi liberandis . g pat. 4. e. 1. m. 11. de cirograph . judaeorum london . scrutandis . h pat. 4. e. 1. m. 25. de archis judaeorum colcestriae aperiendis et scrutandis , et alibi . i pat. 4. e. 1. m. 36. de archis judaeorum norwici scrutandis , et aperiendis et alibi . k pat. 4. e. 1. m. 12. pro ▪ custodia judaeorum oxon. * pat 5. e. 1. m. 13. de judaeis talliandis see rot. finium 5. e. 1. * claus . 5. e. m. 4. pro judaeis oxon. * claus . 5. e. 1. m. 6. pro mosseo de clare . judaeo . * cap. 8. see. the first part of my demurrer , edit , 2. p. 40. * patent . 5 e. 1. m. 13. pro judaeis angliae . * patent . 6 e. 1. m. 8. de tallagio assidendo super communitate judaeorum angliae . see rot. finium . 6. e. 1. nota. l clau●● . e. 1. m. 6. ● de judaei● . m the first part of the demurrer , edition 2. p. 41. 42. * claus . 7. e. 1. m. 7. de fine recipiendo a iudaeis . nota. * claus . 7. e. 1. m. 7. * pat. 7. e. 1. m. 1. de domibus judaeo . rum suspensorum vendendis . * pat. 7. e. 1. m. 11. de potestate vendendi domus & redditus judaeo●um dampnatorum . * claus . 7. e. 1. in schedula : pro judaeis ebor. * par. 8 e. 1. m. ● 〈…〉 vendendi 〈◊〉 ●erras & 〈…〉 iudaeorum . * claus . 8. e. 1. m. 1. pro ●onamy judaeo eborum . u pat. 8. e. 1. m. 27. ee praedicando judaeis . x see the first demurrer , edit . 2. p. 44 , 45. 90 , &c. p pat. 8. e. 1. pars 1. m. 15 dors . pro sustentatione judaeorum conversione . * that is pol-mony , or the fine every jewish villain paid for the acknowledgement of his slavery to the king. see spelmans glossary cowels interpreter chevagium lambard . cooks 1 instit . f. 140. a bracton l. 1. c. 10. britton . f. 79. * pat. 8. e. 8. pars 1. m. 15. pro sustentatione judaeorum conversorum . * census capitis or poll or headmony . see statutum de judaismo , 3 e. 1. c. 4. first part of the demurrer . edit . 2. p. 39. * pasche 9 e. ● . rot . 7. ſ pasche 9. e. 1. rot . 4. ● nor● . scil . * claus . 9 e. 1. m. 7. pro aarone fil . vines judaeo london . * claus . 9. e. 1. m. 3. pro sarra de london judaea . * pat. 9. e. 1. m. 5. pro samuele de ebo● . judaeo . * pat. 9. e. m. 1. de archis cirograff . judaismi scrutandis . * claus . 9. e. 1. m. 1. pro conversorum domo london de deodandis . * pat. 10. e. 1. m. 15. pro judaeis hereford . * claus 10. e. m. 4. pro aaron de blund , & aliis judaeos in breve . * claus . 10. e. 1. m. 8. quod iude●a portant tabulas sicut & judaei t pat. 11 e. 1. m. 22. de his arretandis qui cum judaeis mercantur de falsis platis . * claus . 12. e. 1. m. 8. in schedula appensa . de quibusdam brevibus tangentibus judaismum . * patents 12. e. 1. m. 4. schedula . de inquisitione facienda de bonis & catallis quorundam judaeorum dampnatorum , &c. * patent . 14 e. 1. m. 20. * pat. 16. e. 1. m. 4. * pat 16 e. 1. m. 16. de inquisitione fac . de platis argenteis , &c. * claus . 16. e. 1. m. 10. pro mosseo de heref. & suetecota uxor ejus judeis london . * claus 17 e. 1. m. 6. p●o aaron fil . vynes judaei london . * pat. 18. e. 1. m. 25. pro conversis domus london de deodandis . * pat. 18. e. 1. m. 23. pro 〈…〉 fuit vynes uxor . &c. judaei london . * pat. 18. e. 1. m. 1. 4 pro aaron fil . vynes judaeo fratris regis , licentia vendendi domos , &c. * edit . 2. p. 44 to 63. * claus . 18 e. e. 1. m. 6. de judaeis regno angliae exeuntibus . * pat. 18. e. 1. m. 14. pro bonamico judaeo eborum , et familia sua . * pat. 18. e. 1. m. 14. de passagio & conductu judaeorum angliae . * patent . 18 e. 1. m. 13. pro mosseo fil : jacobi de oxon judaeo & familia sua . * see my former demurrer , edit . 2. p. 44. to 50. * flores hist . an. 1290. pare 2. p. 381. † de recessu judaeorum ab anglia , is writ in the margin . * pat. 18. e. 1. m. 4. de custodia domus conversorum london commiss . * pat. 18. e. 1. m. 45. de custodia domus conversorum london commissa . * pat. 19. e. 1. m. 20. de iudaismo . c pat 19. e. 1. concessionibus factis de domi●us quae fuerunt judaeorum in anglia 〈◊〉 . 4. d 20 e. 1. m. 2. * 2 instit . p. 508. e pat. 18 e. 3 pars 1. m. 2. 3. & pars 2. m. 47. f claus . 30. e. 3. m. 13. de converso admittando in domo conversorum london . g pat. 45. e. 3. pars 2. memb . 28. h patent . 51 e. 3. m. 20. de domo conversorum in suburbio london officio custodis rotulorum cancellarii regis annexanda . * survey of london , 1633. p. 435. * see cart. an. 17. joh. reg. dors . 27. * 2 institutes . p. 506 , 507 , 508. * ibidem . * edit . 2. p. 44. to 64. * see his epistle and title to his good work for a good magistrate . * see cooks 3 instit . p. 70 , 71 , 72. * see cooks 3 instit . p. 70 , 71 72 , 73. * see tho. walsingham , hist . ang. an. 1292 , &c. 1302. par 18 , 49. to 〈◊〉 ypodig . ne●● p , 86 , to 95. henry de knyghton de eventibus angliae , l. 3. c. 2. * see a learned and necessary argument against impositions in the parl. of 7 iac. printed 1641. mr. will. hakewell his liberty of the subject , against impositions , london 1641. the confer●nce at the committee of both houses con●erning the rights and priviledges of the subject 3 and 4 to caroli london . 1642. judge crooks and huttons arguments against shipmony . the remonstrances of the lords and commons against tho commission of array . exact col. p. 386. &c. 450. 890. ephemeris parliamentaria london . 1654. * interp. & enar. in 2 tim. 4. 13.